Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My Public Portal
About
05 May 14, 2014 Commission
COMM-COMM-00036 Ri ` e County Transportation Commission MEETING AGENDA TIME/DATE: 9:30 a.m. / Wednesday, May 14, 2014 LOCATION: BOARD ROOM County of Riverside Administrative Center 4080 Lemon Street, First Floor, Riverside iitp COMMISSIONERS 4,46 Chair— Marion Ashley Vice Chair— Daryl Busch Second Vice Chair —Scott Matas RECORDS Kevin Jeffries, County of Riverside John F. Tavaglione, County of Riverside Jeff Stone, County of Riverside John J. Benoit, County of Riverside Marion Ashley, County of Riverside Deborah Franklin / Art Welch, City of Banning Roger Berg / Jeff Fox, City of Beaumont Joseph DeConinck / To Be Appointed, City of Blythe Ella Zanowic / Jeff Hewitt, City of Calimesa Mary Craton / Randy Bonner, City of Canyon Lake Greg Pettis / Kathleen DeRosa, City of Cathedral City Steven Hernandez / Eduardo Garcia, City of Coachella Karen Spiegel / Eugene Montanez, City of Corona Scott Matas / Russell Betts, City of Desert Hot Springs Adam Rush / Ike Bootsma, City of Eastvale Larry Smith / Robert Youssef, City of Hemet Douglas Hanson / Patrick Mullany, City of Indian Wells Glenn Miller/ Michael Wilson, City of Indio Frank Johnston / Micheal Goodland, City of Jurupa Valley Terry Henderson / Don Adolph, City of La 4uinta Bob Magee / Natasha Johnson, City of Lake Elsinore Scott Mann / Wallace Edgerton, City of Menifee Tom Owings / Jesse Molina, City of Moreno Valley Rick Gibbs / Kelly Bennett, City of Murrieta Berwin Hanna / Kathy Azevedo, City of Norco Jan Harnik / Susan Marie Weber, City of Palm Desert Ginny Foat / Paul Lewin, City of Palm Springs Daryl Busch / Al Landers, City of Perris Ted Weill / To Be Appointed, City of Rancho Mirage Steve Adams / Andy Melendrez, City of Riverside Andrew Kotyuk / Scott Miller, City of San Jacinto Ron Roberts / Jeff Comerchero, City of Temecula Ben Benoit / Timothy Walker, City of Wildomar Basem Muallem, Governor's Appointee Comments are welcomed by the Commission. If you wish to provide comments to the Commission, please complete and submit a Speaker Card to the Clerk of the Board. Riverside County Transportation Commission TO: Riverside County Transportation Commission FROM: Jennifer Harmon, Office and Board Services Manager DATE: May 7, 2014 SUBJECT: Possible Conflicts of Interest — Riverside County Transportation Commission Agenda of May 14, 2014 The May 14, 2014 agenda of the Riverside County Transportation Commission includes items that may raise possible conflicts of interest. A Commissioner may not participate in any discussion or action concerning a contract or amendment if a campaign contribution of more than $250 is received in the past 12 months or 3 months following the conclusion from any entity or individual listed. Aaenda Item No. 9G — Amendment to Transportation Uniform Mitigation Fee Regional Arterial Agreement for the Interstate 15/Railroad Canyon Road Interchanae Project in the City of Lake Elsinore Consultant(s) SC Engineering 16096 Chiwi Road Apple Valley, CA 92307 Reyes S. "Sal Chavez, President Aaenda Item No. 10 — Agreement for Forecasting Services for the Coachella Valley -San Gorgonio Pass Rail Corridor Service Development Plan Consultant(s) HDR Engineering, Inc. 2280 Market Street, Suite 100 Riverside, CA 92501 Thomas Kim, Senior Vice President Tara Byerly From: Tara Byerly Sent: Thursday, May 08, 2014 3:34 PM To: Tara Byerly Cc: Jennifer Harmon Subject: RCTC: May Commission Agenda - 05.14.2014 Importance: High Good afternoon Commissioners: The May Commission Agenda for the meeting scheduled for Wednesday, May 14, 2014 @ 9:30 a.m. is available. Please copy the link: http://www.rctc.org/uploads/media items/may-14-2014.original.pdf In addition for your review is the attached conflict of interest memo and the form. Please let me know if you have any questions. Thank you. Conflict of Conflict of [nterest Memo.pdf Interest Form.pdf Respectfully Tara S. Byerly Senior Administrative Assistant RCTC 4080 Lemon Street, 3rd Floor Riverside, CA 92501 (951)787-7141 i. Tara Byerly From: Tara Byerly Sent: Thursday, May 08, 2014 3:36 PM To: Tara Byerly Subject: RCTC: May Commission Agenda - 05.14.2014 Importance: High Good afternoon Commission Alternates: The May Commission Agenda for the meeting scheduled for Wednesday, May 14, 2014 @ 9:30 a.m. is available. Please copy the link: http://www.rctc.oreuploads/media items/mav-14-2014.original.pdf Thank you. Respectfully Tara S. Byerly Senior Administrative Assistant RCTC 4080 Lemon Street, 3rd Floor Riverside, CA 92501 (951)787-7141 1 " " R I V E R S I D E C O U N T Y T R A N S P O R T A T I O N C O M M I S S I O N w w w . r c t c . o r g A G E N D A * * A c t i o n s m a y b e t a k e n o n a n y i t e m l i s t e d o n t h e a g e n d a 9 : 3 0 a . m . W e d n e s d a y , M a y 1 4 , 2 0 1 4 B O A R D R O O M C o u n t y o f R i v e r s i d e A d m i n i s t r a t i v e C e n t e r 4 0 8 0 L e m o n S t r e e t , F i r s t F l o o r , R i v e r s i d e , C A I n c o m p l i a n c e w i t h t h e B r o w n A c t a n d G o v e r n m e n t C o d e S e c t i o n 5 4 9 5 7 . 5 , a g e n d a m a t e r i a l s d i s t r i b u t e d 7 2 h o u r s p r i o r t o t h e m e e t i n g , w h i c h a r e p u b l i c r e c o r d s r e l a t i n g t o o p e n s e s s i o n a g e n d a i t e m s , w i l l b e a v a i l a b l e f o r i n s p e c t i o n b y m e m b e r s o f t h e p u b l i c p r i o r t o t h e m e e t i n g a t t h e C o m m i s s i o n o f f i c e , 4 0 8 0 L e m o n S t r e e t , T h i r d F l o o r , R i v e r s i d e , C A , a n d o n t h e C o m m i s s i o n ' s w e b s i t e , w w w . r c t c . o r g . I n c o m p l i a n c e w i t h t h e A m e r i c a n s w i t h D i s a b i l i t i e s A c t a n d G o v e r n m e n t C o d e S e c t i o n 5 4 9 5 4 . 2 , i f s p e c i a l a s s i s t a n c e i s n e e d e d t o p a r t i c i p a t e i n a C o m m i s s i o n m e e t i n g , p l e a s e c o n t a c t t h e C l e r k o f t h e B o a r d a t ( 9 5 1 ) 7 8 7 - 7 1 4 1 . N o t i f i c a t i o n o f a t l e a s t 4 8 h o u r s p r i o r t o m e e t i n g t i m e w i l l a s s i s t s t a f f i n a s s u r i n g t h a t r e a s o n a b l e a r r a n g e m e n t s c a n b e m a d e t o p r o v i d e a c c e s s i b i l i t y a t t h e m e e t i n g . 1 . C A L L T O O R D E R 2 . P L E D G E O F A L L E G I A N C E 3 . R O L L C A L L 4 . P U B L I C C O M M E N T S E a c h i n d i v i d u a l s p e a k e r i s l i m i t e d t o s p e a k t h r e e ( 3 ) c o n t i n u o u s m i n u t e s o r l e s s . T h e C o m m i s s i o n m a y , e i t h e r a t t h e d i r e c t i o n o f t h e C h a i r o r b y m a j o r i t y v o t e o f t h e C o m m i s s i o n , w a i v e t h i s t h r e e m i n u t e t i m e l i m i t a t i o n . D e p e n d i n g o n t h e n u m b e r o f i t e m s o n t h e A g e n d a a n d t h e n u m b e r o f s p e a k e r s , t h e C h a i r m a y , a t h i s / h e r d i s c r e t i o n , r e d u c e t h e t i m e o f e a c h s p e a k e r t o t w o ( 2 ) c o n t i n u o u s m i n u t e s . I n a d d i t i o n , t h e m a x i m u m t i m e f o r p u b l i c c o m m e n t f o r a n y i n d i v i d u a l i t e m o r t o p i c i s t h i r t y ( 3 0 ) m i n u t e s . A l s o , t h e C o m m i s s i o n m a y t e r m i n a t e p u b l i c c o m m e n t s i f s u c h c o m m e n t s b e c o m e r e p e t i t i o u s . S p e a k e r s m a y n o t y i e l d t h e i r t i m e t o o t h e r s w i t h o u t t h e c o n s e n t o f t h e C h a i r . A n y w r i t t e n d o c u m e n t s t o b e d i s t r i b u t e d o r p r e s e n t e d t o t h e C o m m i s s i o n s h a l l b e s u b m i t t e d t o t h e C l e r k o f t h e B o a r d . T h i s p o l i c y a p p l i e s t o P u b l i c C o m m e n t s a n d c o m m e n t s o n A g e n d a I t e m s . U n d e r t h e B r o w n A c t , t h e C o m m i s s i o n s h o u l d n o t t a k e a c t i o n o n o r d i s c u s s m a t t e r s r a i s e d d u r i n g p u b l i c c o m m e n t p o r t i o n o f t h e a g e n d a t h a t a r e n o t l i s t e d o n t h e a g e n d a . C o m m i s s i o n m e m b e r s m a y r e f e r s u c h m a t t e r s t o s t a f f f o r f a c t u a l i n f o r m a t i o n o r t o b e p l a c e d o n t h e s u b s e q u e n t a g e n d a f o r c o n s i d e r a t i o n . 5 . A P P R O V A L O F M I N U T E S M A R C H 1 2 , 2 0 1 4 Riverside County Transportation Commission Agenda May 14, 2014 Page 2 6. PUBLIC HEARING — ADOPTION OF RESOLUTIONS OF NECESSITY AND AN AMENDED RESOLUTION OF NECESSITY FOR THE ACQUISITION OF FEE, BUILDING ACCESS EASEMENT, BUILDING DEMOLITION EASEMENT, PERMANENT WALL FOOTING EASEMENT, TEMPORARY CONSTRUCTION EASEMENT, AND POSSESSORY AND/OR LEASEHOLD INTERESTS IN ALL OR PORTIONS OF CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NOS. 102-050-002, 102-050-010, 102-050-013, 102-050-014, AND 102-050-018; 118-330-009; 102-101-001; AND 102-050-005 LOCATED IN CORONA, RIVERSIDE COUNTY, CALIFORNIA, FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT, BETWEEN PIERCE STREET ON THE EAST TO THE COUNTY LINE ON THE WEST, IN RIVERSIDE COUNTY, CALIFORNIA Page 1 Overview This item is for the Commission to: 1) Conduct a hearing to consider the adoption of resolutions of necessity, and amend one resolution of necessity, including providing all parties interested in the affected property and their attorneys, or their representatives, an opportunity to be heard on the issues relevant to the resolutions of necessity; 2) Make the following findings as hereinafter described in this report: a) The public interest and necessity require the proposed project; b) The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; c) The real property to be acquired is necessary for the project; and d) The offer of just compensation has been made to the owner. 3) Adopt Resolution of Necessity Nos. 14-016, 14-017, 14-018, and Amended Resolution of Necessity No. 13-074, "Resolutions of Necessity, and Amended Resolution of Necessity, for the Acquisition of Fee, Building Access Easement, Building Demolition Easement, Permanent Wall Footing Easement, Temporary Construction Easement, and Possessory and/or Leasehold Interests in All or Portions of Certain Real` Property, by Eminent Domain, More Particularly Described as Assessor Parcel Nos. 102-050-002, 102-050-010, 102-050-013, 102-050-014, and 102-050-018; 118-330-009; 102-101-001; and 102-050-005 Located in Corona, Riverside County, California", for the State Route 91 Corridor Improvement Project (SR-91 CIP), between Pierce Street on the east to the County line on the West, in Riverside County, California. • • • Riverside County Transportation Commission Agenda May 14, 2014 Page 3 • 7 • • PUBLIC HEARING — PROPOSED BUDGET FOR FISCAL YEAR 2014/15 Overview This item is for the Commission to: Page 95 1) Discuss, review, and provide guidance on the proposed FY 2014/15 Budget; and 2) Open the public hearing in order to receive input and comments on the proposed FY 2014/15 Budget on May 14 and on June 11, 2014, and thereafter close the public hearing. 8. ADDITIONS / REVISIONS — The Commission may add an item to the Agenda after making a finding that there is a need to take immediate action on the item and that the item came to the attention of the Commission subsequent to the posting of the agenda. An action adding an item to the agenda requires 2/3 vote of the Commission. If there are less than 2/3 of the Commission members present, adding an item to the agenda requires a unanimous vote. Added items will be placed for discussion at the end of the agenda. 9. CONSENT CALENDAR — All matters on the Consent Calendar will be approved in a single motion unless a Commissioner(s) requests separate action on specific item(s). Items pulled from the Consent Calendar will be placed for discussion at the end of the agenda. 9A. QUARTERLY SALES TAX ANALYSIS Page 114 Overview This item is for the Commission to receive and file the sales tax analysis for Quarter 4 2013 (Q4 2013). 9B. SINGLE SIGNATURE AUTHORITY REPORT Page 122 Overview This item is for the Commission to receive and file the Single Signature Authority report for the third quarter ended March 31, 2014. Riverside County Transportation Commission Agenda May 14, 2014 Page 4 9C. CONSTRUCTION AND MAINTENANCE AGREEMENTS WITH BURLINGTON NORTHERN AND SANTA FE RAILROAD FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT Page 124 Overview This item is for the Commission to: 1) Approve the construction and maintenance (C&M) agreements with Burlington Northern and Santa Fe Railroad (BNSF) for the State Route 91 Corridor Improvement Project (SR-91 CIP) in the amount $7,321,341, plus a contingency amount of $732,134, for a total amount not to exceed $8,053,475; a) Agreement No. 14-31-115-00 for West Prado Overhead in the amount of $866,154; b) Agreement No. 14-31-113-00 for East Prado Overhead in the amount of $1,007,242; c) Agreement No. 14-31-114-00 for West Porphyry Overhead in the amount of $4,985,624; and d) Agreement No. 14-31-112-00 for East Porphyry Overhead in the amount of $462,321; Subject to any increases (not to exceed the authorized contingency) or reductions in final amounts, as described; 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreements on behalf of the Commission; and 3) Authorize the Executive Director to approve contingency work up to the total not to exceed amount, as required for the agreements. 9D. CONSTRUCTION AGREEMENT WITH DALKE & SONS CONSTRUCTION, INC. FOR STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT RIGHT OF WAY PROPERTY MITIGATION PACKAGE 3 Page 127 Overview This item is for the Commission to: 1) Award Agreement No. 14-31-081-00 to Dalke & Sons Construction, Inc. (Dalke & Sons) for the construction of State Route 91 Corridor Improvement Project (SR-91 CIP) Right of Way (ROW) Property Mitigation Package 3 in the amount of $5,147,846, plus a contingency amount of $514,785, for a total amount not to exceed $5,662,631; 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; and 3) Authorize the Executive Director to approve contingency work pursuant to the agreement terms up to the total amount. Riverside County Transportation Commission Agenda May 14, 2014 Page 5 9E. ACTIVE TRANSPORTATION PROGRAM — METROPOLITAN PLANNING ORGANIZATION REGIONAL PROGRAM GUIDANCE AND METHODOLOGY FOR ASSIGNING ADDITIONAL POINTS FOR RIVERSIDE COUNTY PROJECT APPLICATIONS Page 135 Overview This item is for the Commission to approve the Metropolitan Planning Organization (MPO) Regional Program Guidance and Methodology for assigning an additional 10 points to Riverside County Active Transportation Program (ATP) project application scores, subsequent to the California Transportation Commission's (CTC) evaluation process. 9F. TRANSPORTATION UNIFORM MITIGATION FEE REVENUE PROJECTION Overview This item is for the Commission to: Page 140 1) Approve the revised Fiscal Year 2013/14 Transportation Uniform Mitigation Fee (TUMF) revenue projection of $7.4 million, comprised of $3.7 million related to regional arterials and $3.7 million to Community Environmental Transportation Acceptability Process (CETAP) corridors; and 2) Approve the budget decrease adjustments to TUMF revenues of $2.3 million related to regional arterials and $2.3 million to CETAP corridors. 9G. AMENDMENT TO TRANSPORTATION UNIFORM MITIGATION FEE REGIONAL ARTERIAL AGREEMENT FOR THE INTERSTATE 15/RAILROAD CANYON ROAD INTERCHANGE PROJECT IN THE CITY OF LAKE ELSINORE Page 142 Overview This item is for the Commission to: 1) Approve Agreement No. 10-72-016-03, Amendment No. 3 to Agreement No. 10-72-016-00, with the city of Lake Elsinore (Lake Elsinore) for the Interstate 15/ Railroad Canyon Road interchange project to authorize additional scope to analyze a roundabout alternative as part of the project approval and environmental document (PA&ED) phase with an additional $600,000 of TUMF funds to be allocated to this phase for a total amount not to exceed $2,205,000; 2) Approve Agreement No. 11-31-107-03, Amendment No. 3 to Agreement No. 11-31-107-00, with SC Engineering to add a roundabout alternative to the PA&ED services associated with the project in the amount of $500,009, plus an additional contingency amount of $25,000 for a total increase of $525,009, resulting in a total not to exceed amount of $1,230,009; Riverside County Transportation Commission Agenda May 14, 2014 Page 6 3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreements on behalf of the Commission; 4) Authorize the Executive Director to approve release of contingency work up to the total authorized amount as may be required for the project; and 5) Authorize the Executive Director, pursuant to legal counsel review, to execute agreements with Caltrans to reflect non -funding changes related to the project on behalf of the Commission. 9H. PROPERTY CONVEYANCE AT PEDLEY STATION Overview This item is for the Commission to: Page 180 1) Approve Agreement No. 14-33-104-00 between the Commission and Sergio Hernandez and Angela Avila, property owner of Assessor's Parcel Number (APN) 165-190-044, for property conveyances to perfect title at the Pedley Station without any monetary compensation exchanged between the parties; and 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. 91. AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES, MATERIALS TESTING, AND CONSTRUCTION SURVEYING FOR RIVERSIDE DOWNTOWN STATION OPERATIONS CONTROL CENTER Page 211 Overview This item is for the Commission to: 1) Award Agreement No. 14-31-075-00 to Abacus Project Management, Inc. (Abacus) for construction management (CM), materials testing, and construction surveying services for the Riverside Downtown Station Operations Control Center (RDNOCC), in the amount of $165,253, plus a contingency amount of $16,525, for a total amount not to exceed $181,778; 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; and 3) Authorize the Executive Director to approve contingency work as may be required for the project. • • • Riverside County Transportation Commission Agenda May 14, 2014 Page 7 9J. FISCAL YEAR 2014/15 MEASURE A COMMUTER ASSISTANCE BUSPOOL SUBSIDY FUNDING CONTINUATION REQUESTS Overview This item is for the Commission to: Page 247 1) Authorize payment of $1,645/month maximum subsidy per buspool for the period July 1, 2014 to June 30, 2015, to the existing Mira Loma, Riverside, and Riverside II buspools; and 2) Require subsidy recipients to meet monthly buspool reporting requirements as supporting documentation to receive payments. 9K. AMENDMENT TO FREEWAY SERVICE PATROL AGREEMENT Overview ---This item is for the Commission to: _ _._ Page 253 1) Approve Agreement No. 12-45-046-01, Amendment No. 1 to Agreement No. 12-45-046-00, with Pepe's Towing (Pepe's) to provide freeway service patrol (FSP) services on the Commission's Interstate 215 Central widening project in the amount of $475,000; and 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. 9L. AGREEMENTS FOR THE TRAFFIC SIGNAL COORDINATION PARTNERSHIP PROGRAM Page 255 Overview This item is for the Commission to: 1) Approve Agreement No. 14-65-106-00 with the South Coast Air Quality Management District (SCAQMD) for $1.25 million to fund traffic flow improvements located within Riverside County; 2) Approve the following agreements for a total amount not to exceed $1.25 million: a) Agreement No. 14-65-107-00 with Coachella Valley Association of Governments (CVAG) in the amount not to exceed $310,375; b) Agreement No. 14-65-108-00 with the city of Eastvale in an amount not to exceed $74,625; c) Agreement No. 14-65-109-00 with the city of Moreno Valley in an amount not to exceed $490,000; d) Agreement No. 14-65-110-00 with the city of Riverside in an amount not to exceed $375,000; Riverside County Transportation Commission Agenda May 14, 2014 Page 8 3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreements on behalf of the Commission; and 4) Replace $939,625 in Congestion Mitigation Air Quality (CMAQ) funding previously allocated to the cities of Eastvale, Moreno Valley, and Riverside through the Commission's 2013 Multi -funding Call for Projects approved on January 8, 2014, with funding available through SCAQMD's Mobile Source Air Pollution Reduction Review Committee (MSRC) Program. 9M. STATE AND FEDERAL LEGISLATIVE UPDATE Overview This item is for the Commission to: 1) Receive and file an update on MAP-21 reauthorization; 2) Adopt the following state bill positions: a) AB 2036 (Mansoor) — Oppose Unless Amended; b) AB 2651 (Linder) — Support; c) AB 2728 (Peres) — Support; and d) HR 29 (Gomez) — Oppose. Page 258 10. AGREEMENT FOR FORECASTING SERVICES FOR THE COACHELLA VALLEY-SAN GORGONIO PASS RAIL CORRIDOR SERVICE DEVELOPMENT PLAN Page 264 1) Award Agreement No. 14-25-072-00 to HDR Engineering, Inc. (HDR) for forecasting services for the Coachella Valley -San Gorgonio Pass Rail Corridor (Corridor) Service Development Plan (SDP) in the amount of $1,697,645, plus a contingency amount of $150,000 for a total amount not to exceed $1,847,645; 2) Authorize staff to proceed with the Phase 1 work, including Tasks 1 and 2 through a limited notice to proceed (NTP) in the amount of $1,847,645; 3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; 4) Authorize the Executive Director to approve contingency work as may be required for the project; and 5) Authorize staff to negotiate the scope and fee for Phase 2 (Tasks 3 and 4) and to bring back to the Commission, at a later date, a separate request for authorization to execute a separate contract amendment to proceed to the next phase of work, if warranted. • • • Riverside County Transportation Commission Agenda May 14, 2014 Page 9 • 11. ITEM(S) PULLED FROM CONSENT CALENDAR AGENDA 12. COMMISSIONERS / EXECUTIVE DIRECTOR REPORT Overview This item provides the opportunity for the Commissioners and the Executive Director to report on attended meetings/conferences and any other items related to Commission activities. 13. CLOSED SESSION 13A. CONFERENCE WITH LEGAL COUNSEL: EXISTING LITIGATION Pursuant to Government Code Section 54956.9 (d)(1) Case No(s). RIC 1200336 and RIC 1204820 14. ADJOURNMENT The next Commission meeting and is scheduled to be held at 9:30 a.m., Wednesday, June 11, 2014, Board Chambers, First Floor, County Administrative Center, 4080 Lemon Street, Riverside. RIVERSIDE COUNTY TRANSPORTATION COMMISSION COMMISSIONER SIGN -IN SHEET MAY 14, 2014 NAME AGENCY EMAIL ADDRESS --'-- A ----,-,5/2-„,,, ,X, ,% \O [/ t ki�1 /x_ �- �,' sJ .... , _i 9--7 �Y�%L7I (/ elfif g..„).-+_-___ 17 / v .- L (Jo �/ i2 _ �J ��� 4Z -/- A 07,2A t 7� It / C 6.70_6.s /7 U.P.4l,�" � 4-� L C .. ,.4 „ /1 vvv , � 9 C. z , .� c5A-_ & �� / A Or t trft .:r�� � In* % \-----7 p, a - c__------(, pvi- .did-i-ee._( S-- .),,A-T- _-5,>7 17 /4 7- 5;17, .. y .s /4�/�/ ���.�/6� c ji 1/t. i�l� /�l�P -"�S'/�� G% 7��) -". /... ,24 ij-2-0-, ' __,,e-e-2.-4-9 1/6.,/-• 1- i 4 41 1l/ / -c , _ ���er 4 NI -HARN I -"Phi-1 �r- 3r-R - 6 vt 0w � Dt f Ho fiS � 1_,-, d + q, PI � �) l l-u \-, of\ A z., -,...,J),0 .5liel<4.' /1(4.r.f" 6--T ��4.�//4 0 - g..„ &-(,u ,6„,.-, e,_7j__, RIVERSIDE COUNTY TRANSPORTATION COMMISSION ROLL CALL MAY 14,2014 Present Absent County of Riverside, District I % ❑ County of Riverside, District II ❑ County of Riverside, District III � ❑ County of Riverside, District IV 0 ❑ County of Riverside, District V Al ❑ City of Banning .21e ❑ City of Beaumont ❑ City of Blythe ;Ir. ,�City of Calimesa❑ City of Canyon Lake 7 ❑ City of Cathedral City � ❑ City of Coachella A ❑ City of Corona /15 ❑ City of Desert Hot Springs J" ❑ City of Eastvale ) ❑ City of Hemet ❑ City of Indian Wells � ❑ City of Indio X ❑ City of Jurupa Valley )2' ❑ City of La Quinta X ❑ City of Lake Elsinore )2r❑ City of Menifee I City of Moreno Valley P ❑ City of Murrieta fd ❑ City of Norco � ❑ City of Palm Desert ) ❑ City of Palm Springs ❑ City of Perris ❑ City of Rancho Mirage e, ❑ City of Riverside City of San Jacinto .121' ❑ City of Temecula ❑ 7 City of Wildomar � ❑ Governor's Appointee, Caltrans District 8 1 0 AGENDA ITEM 5 MINUTES " R I V E R S I D E C O U N T Y T R A N S P O R T A T I O N C O M M I S S I O N M I N U T E S W e d n e s d a y , M a r c h 1 2 , 2 0 1 4 1 . C A L L T O O R D E R T h e R i v e r s i d e C o u n t y T r a n s p o r t a t i o n C o m m i s s i o n w a s c a l l e d t o o r d e r b y C h a i r M a r i o n A s h l e y a t 9 : 3 6 a . m . i n t h e B o a r d R o o m a t t h e C o u n t y o f R i v e r s i d e A d m i n i s t r a t i v e C e n t e r , 4 0 8 0 L e m o n S t r e e t , R i v e r s i d e , C a l i f o r n i a , 9 2 5 0 1 . 2 . P L E D G E O F A L L E G I A N C E C o m m i s s i o n e r S c o t t M a n n l e d t h e C o m m i s s i o n i n a f l a g s a l u t e . 3 . R O L L C A L L " C o m m i s s i o n e r s / A l t e r n a t e s P r e s e n t C o m m i s s i o n e r s A b s e n t S t e v e A d a m s M a r i o n A s h l e y R o g e r B e r g B e n B e n o i t J o h n J . B e n o i t D a r y l B u s c h M a r y C r a t o n * J o s e p h D e C o n i n c k K a t h l e e n D e R o s a G i n n y F o a t ` R i c k G i b b s B e r w i n H a n n a D o u g l a s H a n s o n J a n H a r n i k T e r r y H e n d e r s o n S t e v e n H e r n a n d e z K e v i n J e f f r i e s F r a n k J o h n s t o n A n d r e w K o t y u k B o b M a g e e S c o t t M a n n S c o t t M a t a s . J e s s e M o l i n a B a s e m M u a l l e m A d a m R u s h K a r e n S p i e g e l J e f f S t o n e * J o h n F . T a v a g l i o n e A r t W e l c h E l l a Z a n o w i c * A r r i v e d a f t e r t h e m e e t i n g w a s c a l l e d t o o r d e r 4 . P U B L I C C O M M E N T S G l e n n M i l l e r R o n R o b e r t s L a r r y S m i t h T e d W e i l l E x e c u t i v e D i r e c t o r A n n e M a y e r p r e s e n t e d A d m i n i s t r a t i v e A s s i s t a n t S h i r l e y G o o d i n g w i t h a 1 5 - y e a r s e r v i c e a w a r d a n d C h i e f F i n a n c i a l O f f i c e r T h e r e s i a T r e v i n o w i t h a 1 0 - y e a r s e r v i c e a w a r d . Riverside County Transportation Commission Minutes March 12, 2014 Page 2 5. APPROVAL OF MINUTES — DECEMBER 11, 2013 M/S/C (Henderson/Johnston) to approve the December 11, 2013 minutes as submitted. Abstain: DeRosa and Welch 6. PUBLIC HEARING — ADOPTION OF RESOLUTIONS OF NECESSITY FOR THE ACQUISITION OF SAN DIEGO OUTDOOR ADVERTISING, INC., DBA GENERAL OUTDOOR ADVERTISING'S POSSESSORY AND/OR LEASEHOLD INTERESTS INCLUDING IMPROVEMENTS LOCATED THEREON, IN CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NOS. 115-060-016 AND 115-060-049, LOCATED IN CORONA, RIVERSIDE COUNTY, CALIFORNIA, FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT, WHICH COVERS THE AREA BETWEEN PIERCE STREET ON THE EAST TO THE COUNTY LINE ON THE WEST, IN RIVERSIDE COUNTY, CALIFORNIA Commissioner Adam Rush recused himself due to a conflict of interest on Agenda Item 6. At this time, Chair Ashley opened the public hearing and called upon legal counsel to explain the nature and scope of this hearing. Steve DeBaun, legal counsel, explained the purpose of this hearing is for the Board to consider the adoption of Resolution of Necessity Nos. 14-010 and 14-011 for the acquisition of various real properties for the State Route 91 Corridor Improvement Project (SR-91 CIP). He stated at the conclusion of this hearing, the Board will be asked to adopt the resolutions of necessity and he listed the findings. He explained the purpose of this hearing is to consider the need for acquisition of the property and not to consider the value of the property. At this time, Commissioner Mary Craton joined the meeting. Jennifer Harmon, Clerk of the Board, verified proofs of mailing that certify the notices were sent to the property owners of said parcel numbers are on file with the Commission. She then listed all written objections, protests, and/or requests to be heard from the owner(s) or owner representative: Ward and Ward, Attorneys at Law for General Outdoor. • • • " " R i v e r s i d e C o u n t y T r a n s p o r t a t i o n C o m m i s s i o n M i n u t e s M a r c h 1 2 , 2 0 1 4 P a g e 3 2 1 1 5 - 0 6 0 - 0 1 6 1 1 5 - 0 6 0 - 0 4 9 2 2 2 7 6 2 2 3 0 2 S a n D i e g o O u t d o o r A d v e r t i s i n g , I n c . d b a G e n e r a l O u t d o o r A d v e r t i s i n g D o l l a r S e l f S t o r a g e 9 , L . P . / G e n e r a l O u t d o o r A d v e r t i s i n g 1 4 - 0 1 0 1 4 - 0 1 1 Y e s N o M a r k L a n c a s t e r , R i g h t o f W a y M a n a g e r , p r e s e n t e d t h e r e s o l u t i o n s o f n e c e s s i t y f o r t h e S R - 9 1 C I P a n d d i s c u s s e d t h e f o l l o w i n g a r e a s : " F o u r f i n d i n g s r e q u i r e d b y t h e B o a r d ; " P r o j e c t M a p P a r c e l l o c a t i o n s i n t h e p r o j e c t ; " P a r c e l l i s t ; " O f f e r s o f j u s t c o m p e n s a t i o n a n d c o n t a c t s u m m a r y f o r e a c h p a r c e l ; " A e r i a l v i e w s o f p a r c e l s w i t h p r o p e r t y o w n e r s o r t h e i r r e p r e s e n t a t i v e s i n a t t e n d a n c e r e q u e s t i n g t o b e h e a r d ; a n d " S t a f f r e c o m m e n d a t i o n . T i m L y n c h , o w n e r o f G e n e r a l O u t d o o r A d v e r t i s i n g , d i s c u s s e d h i s s t r o n g c o n c e r n s r e g a r d i n g t h e r e l o c a t i o n o f t h e b i l l b o a r d s d u e t o j u r i s d i c t i o n a l o r d i n a n c e s a n d C a l t r a n s r u l e s , a n d t h e l a c k o f c o m p e n s a t i o n f o r l o s t r e v e n u e . ' A t t h i s t i m e , C o m m i s s i o n e r J e f f S t o n e j o i n e d t h e m e e t i n g . W i l l i a m W a r d , W a r d a n d W a r d , A t t o r n e y s a t L a w r e p r e s e n t i n g G e n e r a l . O u t d o o r A d v e r t i s i n g , e x p l a i n e d u n d e r t h e c o d e o f c i v i l p r o c e d u r e , t h e C o m m i s s i o n i s o b l i g a t e d t o n o t i f y a n y i n d i v i d u a l s o n t h e e q u a l i z e d a s s e s s m e n t r o l e , h o w e v e r , C o r o n a w a s n o t n o t i f i e d ; i t d i s p l a y s t h e p u b l i c s e r v i c e a n n o u n c e m e n t s o n t h e b i l l b o a r d s . M r . W a r d e x p r e s s e d s t r o n g c o n c e r n f o r t h e l a c k o f g o o d w i l l i n t h e j u s t c o m p e n s a t i o n e l e m e n t . C o m m i s s i o n e r J o h n T a v a g l i o n e d i s c u s s e d t h e c o u n t y ' s h i s t o r y w i t h T i m . L y n c h a n d G e n e r a l O u t d o o r A d v e r t i s i n g d u r i n g t h e p a s t 2 0 y e a r s . C o m m i s s i o n e r T a v a g l i o n e s t a t e d M r . L y n c h a n d G e n e r a l O u t d o o r A d v e r t i s i n g a r e g r e a t p a r t n e r s a n d p r o f e s s i o n a l s a n d h o p e s t h e C o m m i s s i o n c a n w o r k t h i s o u t w i t h G e n e r a l O u t d o o r A d v e r t i s i n g . C h a i r A s h l e y c o n c u r r e d w i t h C o m m i s s i o n e r T a v a g l i o n e ' s c o m m e n t s . C o m m i s s i o n e r B o b M a g e e d i s c u s s e d t h e c i t y o f L a k e E l s i n o r e ' s p o s i t i v e e x p e r i e n c e w i t h G e n e r a l O u t d o o r A d v e r t i s i n g a n d e x p r e s s e d h i s a p p r e c i a t i o n f o r t h e p r o f e s s i o n a l i s m a n d o u t s t a n d i n g c u s t o m e r s e r v i c e t h e c i t y r e c e i v e d . Riverside County Transportation Commission Minutes March 12, 2014 Page 4 In response to Commissioner Magee's question about the lease terms, Mark Lancaster stated he is uncertain on the length of the leases as he has not reviewed them, however, he explained the distance the billboards are moved all factors into the goodwill compensationequation. Commissioner Karen Spiegel discussed Corona's history and partnership with General Outdoor Advertising. She expressed she is intentionally staying out of this process due to her position. Commissioner Spiegel stated she will ensure Corona does its due diligence and hopes Caltrans will too, as there needs to be assurances the community partners are treated fairly. Mark Lancaster expressed appreciation to Commissioner Spiegel as it is important to the success of the relocation of these billboards. In response to Commissioner Roger Berg's question regarding the refinement of the design as work progresses and need for the property, Mark Lancaster discussed the considerations of the distance from the mainline and the connectors. In response to :Commissioner Andrew. Kotyuk's question if these billboards are General Outdoor's primary revenue streams, Mark Lancaster stated this is part of the goodwill aspect of compensation, which should not be discussed. Basem Muallem, Governor's Appointee, explained Caltrans is committed to the SR-91 CIP and has a strong partnership with the Commission. Mr. Muallem provided his personal commitment that Caltrans will do everything possible to work with the Commission and General Outdoor Advertising to achieve the best solution. Commissioner Craton expressed it is difficult to comment when this is a financial debate and requested the negotiators do everything possible to ensure business owners are not put out of business. Mark Lancaster expressed appreciation for Commissioner Craton's comment. He stated staff is committed to relocating these billboards and keep General Outdoor Advertising in business. He explained he met with Mr. Lynch and reviewed several potential locations and provided cross sections to find a suitable place to relocate the billboards. Mr. Lancaster expressed with Caltrans' and Corona's cooperation, he believes there will be a successful relocation of these billboards. At this time, Chair Ashley called on any other persons who wish to be heard that have an interest in property. There were no other requests to speak. Chair Ashley then called on any other persons who wish to be heard on this matter. There were no other requests to speak from the public. Riverside County Transportation Commission Minutes March 12, 2014 Page 5 Chair Ashley closed the public hearing. M/S/C (Henderson/Kotyuk) to: 1) Conduct a hearing to consider the adoption of resolutions of necessity, including providing all parties interested in the affected properties and their attorneys, or their representatives, an opportunity to be heard on the issues relevant to the resolutions of necessity; 2) Make the following findings as hereinafter described in this report: a) The public interest and necessity require the proposed project; b) The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; c) The real property to be acquired is necessary for the project; and d) The offer of just compensation has been made to the property owner; 3) Adopt Resolution of Necessity Nos. 14-010 and 14-011, "Resolutions of Necessity for the Acquisition of San Diego Outdoor Advertising, Inc., dba General Outdoor Advertising's Possessory and/or Leasehold Interests Including Improvements Located Thereon, in Certain Real Property, by Eminent Domain, More Particularly Described as Assessor Parcel Nos. 115-060-016 and 115-060-049, Located in Corona, Riverside County, California", for the StateRoute 91 Corridor Improvement Project (SR-91 CIP), between Pierce Street on the East to the County Line on the West, in Riverside County, California. At this time, Commissioner Rush rejoined the meeting. 7. ADDITIONS / REVISIONS There were no additions or revisions to the agenda. 8. CONSENT CALENDAR M/S/C (Busch/Stone) to approve the following Consent Calendar items. 8A. QUARTERLY FINANCIAL STATEMENTS Receive and file the Quarterly Financial Statements for the six months ended December 31, 2013. 8B. QUARTERLY SALES TAX ANALYSIS Receive and file the sales tax analysis for Quarter 3 2013 (Q3 2013). Riverside County Transportation Commission Minutes March 12, 2014 Page 6 8C. QUARTERLY INVESTMENT REPORT Receive and file the Quarterly Investment Report for the quarter ended December 31, 2013. 8D. SINGLE SIGNATURE AUTHORITY REPORT Receive and file the Single Signature Authority report for the second quarter ended December 31, 2013. 8E. AGREEMENT WITH CTG INC. OF ILLINOIS DBA NOVANIS FOR INFORMATION TECHNOLOGY SUPPORT SERVICES 1) Award Agreement No. 14-12-062-00 with CTG Inc. of Illinois dba Novanis (Novanis) for information technology (IT) support services for a three- year term, and two one-year options to extend the agreement, in an amount not to exceed $680000; and 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement, including option years, on behalf of the Commission. 8F. RIVERSIDE COUNTY 2015 FEDERAL TRANSPORTATION IMPROVEMENT PROGRAM FINANCIAL RESOLUTION 1) Adopt Resolution No. 14-013, "Resolution of the Riverside County Transportation Commission Certifying That Riverside County Has Resources to Fund Projects in Federal Fiscal Years 2014/15 Through 2019/20 Transportation Improvement Program and Affirming Commitment to Implement All Projects in the Program"; and 2) Forward to the Southern California Association of Governments (SCAG) for inclusion in the 2015 federal Transportation Improvement Program (FTIP). 8G. 2009 MEASURE A MAINTENANCE OF EFFORT BASE YEAR ADJUSTMENT FOR CITY OF WILDOMAR Approve the adjustment to the city of Wildomar's (Wildomar) 2009 Measure A Maintenance of Effort (MOE) base year. • • • " " " R i v e r s i d e C o u n t y T r a n s p o r t a t i o n C o m m i s s i o n M i n u t e s M a r c h 1 2 , 2 0 1 4 P a g e 7 8 H . I N - L I E U F E E A G R E E M E N T W I T H R I V E R S I D E - C O R O N A R E S O U R C E C O N S E R V A T I O N D I S T R I C T F O R C O M P E N S A T O R Y M I T I G A T I O N F O R T H E S T A T E R O U T E 9 1 C O R R I D O R I M P R O V E M E N T P R O J E C T 1 ) A p p r o v e A g r e e m e n t N o . 1 4 - 3 1 - 0 7 7 - 0 0 w i t h R i v e r s i d e - C o r o n a R e s o u r c e C o n s e r v a t i o n D i s t r i c t ( R C R C D ) f o r c o m p e n s a t o r y m i t i g a t i o n f o r t h e S t a t e R o u t e 9 1 C o r r i d o r I m p r o v e m e n t P r o j e c t ( S R - 9 1 C I P ) i n t h e a m o u n t o f $ 7 0 3 , 3 0 0 , p l u s a c o n t i n g e n c y a m o u n t o f $ 7 0 , 0 0 0 , f o r a t o t a l a m o u n t n o t t o e x c e e d $ 7 7 3 , 3 0 0 ; 2 ) A u t h o r i z e t h e C h a i r o r E x e c u t i v e D i r e c t o r , p u r s u a n t t o l e g a l c o u n s e l r e v i e w , t o e x e c u t e t h e a g r e e m e n t o n b e h a l f o f t h e C o m m i s s i o n ; a n d 3 ) A u t h o r i z e t h e E x e c u t i v e D i r e c t o r t o a p p r o v e c o n t i n g e n c y w o r k p u r s u a n t t o t h e a g r e e m e n t t e r m s u p t o t h e t o t a l a m o u n t . 8 1 . M O N S T E R L E A D W A L L A G R E E M E N T W I T H B U R L I N G T O N N O R T H E R N S A N T A F E R A I L R O A D F O R T H E S T A T E R O U T E 9 1 C O R R I D O R I M P R O V E M E N T P R O J E C T 1 ) A p p r o v e A g r e e m e n t N o . 1 4 - 3 1 - 0 7 6 - 0 0 . f o r t h e M o n s t e r L e a d W a l l A g r e e m e n t w i t h B u r l i n g t o n N o r t h e r n S a n t a F e R a i l w a y ( B N S F ) f o r t h e S t a t e R o u t e 9 1 C o r r i d o r I m p r o v e m e n t P r o j e c t ( S R - 9 1 C I P ) i n t h e a m o u n t o f $ 7 3 , 6 0 0 , p l u s a c o n t i n g e n c y a m o u n t o f $ 7 , 4 0 0 , f o r a t o t a l a m o u n t n o t t o e x c e e d $ 8 1 , 0 0 0 ; 2 ) A u t h o r i z e t h e C h a i r o r E x e c u t i v e D i r e c t o r , p u r s u a n t t o l e g a l c o u n s e l r e v i e w , t o e x e c u t e t h e a g r e e m e n t o n b e h a l f o f t h e C o m m i s s i o n ; a n d 3 ) A u t h o r i z e t h e E x e c u t i v e D i r e c t o r t o a p p r o v e c o n t i n g e n c y w o r k u p t o t h e t o t a l a m o u n t n o t t o e x c e e d a s r e q u i r e d f o r t h e a g r e e m e n t . 8 J . O N - C A L L P R O P E R T Y M A I N T E N A N C E A N D R E P A I R S E R V I C E S 1 ) A p p r o v e t h e f o l l o w i n g a g r e e m e n t s t o p r o v i d e o n - c a l l p r o p e r t y m a i n t e n a n c e a n d r e p a i r s e r v i c e s f o r a t h r e e - y e a r t e r m , a n d t w o o n e - y e a r o p t i o n s t o e x t e n d t h e a g r e e m e n t , i n a n a m o u n t n o t t o e x c e e d a n a g g r e g a t e v a l u e o f $ 1 . 5 . m i l l i o n ; a ) A g r e e m e n t N o . 1 4 - 3 3 - 0 4 6 - 0 0 w i t h B r a u g h t o n C o n s t r u c t i o n , I n c . ; b ) A g r e e m e n t N o . 1 4 - 3 3 - 0 4 7 - 0 0 w i t h C a r r y - A l l ; c ) A g r e e m e n t N o . 1 4 - 3 3 - 0 4 8 - 0 0 w i t h J o s h u a G r a d i n g a n d E x c a v a t i n g , I n c . ; a n d d ) A g r e e m e n t N o . 1 4 - 3 3 - 0 6 3 - 0 0 w i t h R e a l E s t a t e C o n s u l t i n g & S e r v i c e s , I n c . 2 ) A u t h o r i z e t h e E x e c u t i v e D i r e c t o r , o r d e s i g n e e , t o e x e c u t e t a s k o r d e r s a w a r d e d t o c o n t r a c t o r s u n d e r t h e t e r m s o f t h e a g r e e m e n t s ; a n d Riverside County Transportation Commission Minutes March 12, 2014 Page 8 3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreements, including option years, on behalf of the Commission. 8K. PROPOSITION 1B FISCAL YEAR 2012/13 CALIFORNIA TRANSIT SECURITY GRANT PROGRAM — CALIFORNIA TRANSIT ASSISTANCE FUND AND SUPPORTING RESOLUTION FOR THE COMMISSION'S COMMUTER RAIL PROGRAM 1) Adopt Resolution No. 14-012, "Resolution of the Riverside County Transportation Commission Approving the Allocation of FY 12-13 Proposition 18-6561-0002 California Transit Security Grant Program - California Transit Assistance Funds to the RCTC Commuter Rail Program and Designation of Authorized Agent"; and Allocate the California Transit Security Grant Program -California Transit Assistance Funds (CTSGP-CTAF) funds totaling$355,748 for the Commission's Commuter Rail Program. 8L. SB 821 PROGRAM REVISIONS 1) Approve the allocation of $285,897 to the city of Temecula (Temecula) to fully fund the Pauba Road sidewalk improvement project and apply $2,114 to the next SB 821 Call for Projects (SB 821 Call); and 2) Approve the Technical Advisory Committee (TAC) SB 821 subcommittee's (subcommittee) recommendation to maintain a competitive call is to extend the SB 821 Call from its current annual basis to a biennial basis, and set the SB 821 Call release date for the first Monday of every other February and the SB 821 Call close date for the last Thursday of every other April, beginning February 2015. 9. PROPOSED POLICY GOALS AND OBJECTIVES FOR FISCAL YEAR 2014/15 BUDGET Theresia Trevino, Chief Financial Officer, presented the proposed policy goals and objectives for FY 2014/15 Budget, and discussed the following areas: • Budget development; • Commission policy goals; • Financial and administrative policies; • Linking Commission and departmental goals; and • Next steps. • • • " " R i v e r s i d e C o u n t y T r a n s p o r t a t i o n C o m m i s s i o n M i n u t e s M a r c h 1 2 , 2 0 1 4 P a g e 4 C o m m i s s i o n e r K e v i n J e f f r i e s r e q u e s t e d s t a f f i n c l u d e a s t a t e m e n t i n t h e p o l i c y g o a l s a n d o b j e c t i v e s t o r e f l e c t i m p r o v i n g t h e C o m m i s s i o n ' s o u t r e a c h t o t h e R i v e r s i d e C o u n t y b u s i n e s s e s a n d c o n t r a c t o r s t o p r o v i d e c o m p e t i t i v e s e r v i c e s t o t h e C o m m i s s i o n . T h i s s h o u l d b e a n o b j e c t i v e o f t h i s C o m m i s s i o n t o h a v e a s m u c h b u s i n e s s d o n e l o c a l l y w h e n e v e r i t i s c o m p e t i t i v e l y p o s s i b l e . T h e r e s i a T r e v i n o r e p l i e d s o m e o f t h a t l a n g u a g e i s i n c l u d e d i n t h e f i n a n c e d e p a r t m e n t a l g o a l s a n d o b j e c t i v e s , h o w e v e r , s t a f f c a n b r i n g i t t o a t o p l e v e l a n d i n c l u d e i t i n t h e a p p r o p r i a t e s e c t i o n o f t h e d o c u m e n t . C o m m i s s i o n e r S t o n e e x p r e s s e d h i s s t r o n g s u p p o r t f o r t h e P e r r i s V a l l e y L i n e ( P V L ) p r o j e c t a n d s u g g e s t e d c o n t i n u i n g t h a t p r o g r e s s a n d s y n e r g y t o e x t e n d t h e P V L i n t o H e m e t / S a n J a c i n t o a n d T e m e c u l a a r e a s . H e r e c o m m e n d e d r e f l e c t i n g t h i s i n t h e C o m m i s s i o n ' s b u d g e t f o r t h e C o m m i s s i o n t o p l a n , f u n d , a n d b u i l d t h e P V L e x t e n s i o n , a n d a d d i t t o t h e C o m m i s s i o n ' s l o b b y i n g l i s t . A n n e M a y e r s u g g e s t e d a d d i n g a s t a t e m e n t u n d e r P r o m o t e M o b i l i t y t o d i s c u s s e v a l u a t i n g f u t u r e o p p o r t u n i t i e s . S h e e x p r e s s e d h e s i t a t i o n t o i n s e r t s p e c i f i c l a n g u a g e a s t h e C o m m i s s i o n h a s a b s o l u t e l y n o f u n d i n g t o b u i l d a n e x t e n s i o n o f t h e P V L . C o m m i s s i o n e r S t o n e s t a t e d t h e r e n e e d s t o b e s o m e s p e c i f i c i t y . H e s u g g e s t e d i n c l u d i n g t h e P V L e x t e n s i o n i n t h e C o m m i s s i o n ' s b u d g e t a n d p r o v i d e d l a n g u a g e . H e e x p r e s s e d t h e i m p o r t a n c e o f t h e e x t e n s i o n a n d r e c o m m e n d e d i t b e i d e n t i f i e d i n t h e b u d g e t . A l s o , s i n c e t h e r i g h t o f w a y i s C o m m i s s i o n - o w n e d , t h e C o m m i s s i o n i s j u s t i f i e d t o p u t a s m a l l a m o u n t o f f u n d i n g f o r s t a f f t o b e g i n t o e x p l o r e t h e e x t e n s i o n o f t h e P V L . C h a i r A s h l e y s t a t e d h e r a i s e d t h e P V L e x t e n s i o n a t t h e 2 0 1 4 C o m m i s s i o n W o r k s h o p , i n c l u d i n g t h e n e e d t o d e t e r m i n e h o w t o f u n d i t . C o m m i s s i o n e r T e r r y H e n d e r s o n r e f e r r e d t o t h e c o n t i n u i n g N a t i o n a l E n v i r o n m e n t a l P o l i c y A c t ( N E P A ) s u b s t i t u t i o n e f f o r t a n d s t a t e d s h e c o u l d n o t l o c a t e i t i n t h e p o l i c y g o a l s a n d o b j e c t i v e s . S h e e x p r e s s e d t h e C o m m i s s i o n n e e d s t o m a i n t a i n t h e p r e s s u r e t o e n s u r e t h e C o m m i s s i o n p r o m o t e s e n v i r o n m e n t a l s t e w a r d s h i p . C o m m i s s i o n e r H e n d e r s o n s t a t e d p r o j e c t c o s t s a r e m o n u m e n t a l b e c a u s e o f u n n e c e s s a r y e n v i r o n m e n t a l p r o c e s s e s . A n n e M a y e r s u g g e s t e d u n d e r P r o m o t e M o b i l i t y , u n d e r t h e b u l l e t p o i n t s f o r a d v o c a t i n g s t r e a m l i n i n g e f f o r t s , a d d i n g a s p e c i f i c r e f e r e n c e t o C E Q A a n d N E P A s t r e a m l i n i n g . C o m m i s s i o n e r H e n d e r s o n c o n c u r r e d . C o m m i s s i o n e r J o h n B e n o i t s t a t e d t h e i m p o r t a n c e o f k e e p i n g t h e n e e d t o e x p a n d r a i l s e r v i c e t o C o a c h e l l a V a l l e y o n t h e f o r e f r o n t . Riverside County Transportation Commission Minutes March 12, 2014 Page 10 Commissioner Hanson expressed appreciation to Anne Mayer and staff for giving more prominence to the rail service to Coachella Valley. Commissioner Jan Harnik expressed appreciation for Commissioner Henderson's comments as there cannot be enough emphasis on CEQA and NEPA processes. She explained every project is negatively impacted by those processes and any place this can be put into any document is beneficial. Commissioner Kotyuk stated with regard to CEQA and NEPA, the Transportation and Communications Committee for the U.S. Conference of Mayors are working on another resolution to piggy back on MAP-21. He will work with Commission staff, Western Riverside Council of Governments (WRCOG), and other agencies to further that resolution and work in parallel moving forward. Commissioner Kotyuk concurred with Commissioners Ashley and Stone's comments as he supports the PVL extension. Commissioner Kotyuk suggested updating the previous study. Theresia Trevino replied the final budget document will include all the requested changes by the Commissioners. M/S/C (Stone/J. Benoit) to approve the proposed Commission Policy Goals and Objectives for the FY 2014/15 Budget. 10. STATE AND FEDERAL LEGISLATIVE UPDATE John Standiford, Deputy Executive Director, presented the state and federal legislative activities. In response to Commissioner Henderson's request for clarification that the California State Transportation Agency is a new agency, John Standiford replied it was a cabinet level agency of business, transportation, and housing that was split apart. He explained transportation is its own cabinet level agency and oversees Caltrans, the California Highway Patrol, and the Department of Motor Vehicles. Commissioner Henderson requested clarification the state did not eliminate a department or an agency. Anne Mayer replied it is uncertain if positions were eliminated. She explained there so many responsibilities combined into one agency, to pay attention to transportation issues was difficult. This is one of the reasons why the state was not playing a leadership role in transportation issues. While this is a good move, she expressed her belief that the two reports issued need significant discussion and policy direction. • • " R i v e r s i d e C o u n t y T r a n s p o r t a t i o n C o m m i s s i o n M i n u t e s M a r c h 1 2 , 2 0 1 4 P a g e 1 1 S p e c i f i c a l l y , t h e S m a r t S t a t e T r a n s p o r t a t i o n a n d I n i t i a t i v e ( S S T I ) r e p o r t w a s s u p p o s e d t o b e a n a s s e s s m e n t o f C a l t r a n s a s a n a g e n c y , h o w e v e r , i t a l s o i n c l u d e d a c r i t i c a l r e v i e w o f t h e l o c a l a g e n c i e s . C o m m i s s i o n e r S t e v e A d a m s d i s c u s s e d h i s s u p p o r t f o r r e p u r p o s i n g h i g h - s p e e d r a i l f u n d s , a n d o p p o s i t i o n t o p u t t i n g C a p a n d T r a d e f u n d s t o w a r d s h i g h - s p e e d r a i l . J o h n S t a n d i f o r d r e p l i e d s t a f f w i l l b r i n g b a c k s p e c i f i c b i l l s a t i t s A p r i l C o m m i s s i o n m e e t i n g . M / S / C t o r e c e i v e a n d f i l e a n u p d a t e o n t h e S t a t e a n d F e d e r a l l e g i s l a t i o n . 1 1 . I T E M ( S ) P U L L E D F R O M C O N S E N T C A L E N D A R F O R D I S C U S S I O N T h e r e w e r e n o i t e m s p u l l e d f r o m t h e C o n s e n t C a l e n d a r . 1 2 . C O M M I S S I O N E R S / E X E C U T I V E D I R E C T O R ' S R E P O R T 1 2 A . A n n e M a y e r a n n o u n c e d : " T h e 2 0 1 4 C a l i f o r n i a P a s s e n g e r R a i l S u m m i t w i l l b e h e l d a t t h e L o s A n g e l e s U n i o n S t a t i o n o n A p r i l 2 - 3 , 2 0 1 4 ; " T h e C i t i z e n A d v i s o r y C o m m i t t e e ( C A C ) h a n d o u t t h a t i n c l u d e s a n o v e r v i e w o f t h e C A C a n d a n a p p o i n t e e a p p l i c a t i o n ; a n d " T h e 1 - 2 1 5 S o u t h w i d e n i n g p r o j e c t o p e n e d i n f a l l 2 0 1 3 a n d t h e 1 - 2 1 5 C e n t r a l w i d e n i n g p r o j e c t i s u n d e r c o n s t r u c t i o n . S h e h i g h l i g h t e d t h e 1 - 2 1 5 S o u t h w i d e n i n g p r o j e c t w a s c o m p l e t e d a h e a d o f s c h e d u l e a n d u n d e r b u d g e t . A t t h i s t i m e , C o m m i s s i o n e r K e v i n J e f f r i e s l e f t t h e m e e t i n g . 1 2 B . C o m m i s s i o n e r R u s h a n n o u n c e d : " T h e A n n u a l S o u t h e r n C a l i f o r n i a A s s o c i a t i o n o f G o v e r n m e n t s ( S C A G ) S u s t a i n a b i l i t y a w a r d s a r e o p e n a n d n o m i n a t i o n s w i l l b e r e c e i v e d t h r o u g h M a r c h 2 1 ; a n d " S C A G ' s A n n u a l G e n e r a l A s s e m b l y w i l l b e h e l d a t t h e R e n a i s s a n c e E s m e r a l d a I n d i a n W e l l s R e s o r t a n d S p a o n M a y 1 - 2 , 2 0 1 4 . A t t h i s t i m e , C o m m i s s i o n e r s M a r y C r a t o n , K a t h l e e n D e R o s a , G i n n y F o a t , S t e v e n H e r n a n d e z , a n d B a s e m M u a l l e m l e f t t h e m e e t i n g . Riverside County Transportation Commission Minutes March 12, 2014 Page 12 13. CLOSED SESSION 13A. CONFERENCE WITH LEGAL COUNSEL: ANTICIPATED LITIGATION Exposure to Litigation Pursuant to Subdivision of Government Code Section 54956.9 (d)(2) Potential Number of Case(s): 1 At this time, Commissioners J. Benoit and Kotyuk left the meeting. 13B. CONFERENCE WITH LEGAL COUNSEL: EXISTING LITIGATION Pursuant to Government Code Section 54956.9 (d)(1) Case No. RIC 10016058 There were no announcements from the Closed Session items. 14. ADJOURNMENT There being no further business for consideration by the Riverside County Transportation Commission, adjourned the meeting at 11:40 a.m. The next Commission meeting is scheduled to be held at 9:30 a.m., Wednesday, April 9, 2014, in the Board Room, at the County of Riverside Administrative Center, 4080 Lemon Street, Riverside, California. Respectfully submitted, )t)"^"--&._H Jennifer Harmon Clerk of the Board • PUBLIC HEARING RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: May 14, 2014 TO: Riverside County Transportation Commission FROM: Mark Lancaster, Right of Way Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Adoption of Resolutions of Necessity and an Amended Resolution of Necessity for the Acquisition of Fee, Building Access Easement, Building Demolition Easement, Permanent Wall Footing Easement, Temporary Construction Easement, and Possessory and/or Leasehold Interests in All or Portions of Certain Real Property, by Eminent Domain, More Particularly Described as Assessor Parcel Nos. 102-050-002, 102-050-010, 102-050-013, 102-050-014, and 102-050-018; 118-330-009; 102-101-001; and 102-050-005 Located in Corona, Riverside County, California, for the State Route 91 Corridor Improvement Project, Between Pierce Street on the East to the County Line on the West, in Riverside County, California • • STAFF RECOMMENDATION: This item is for the Commission to: 1) Conduct a hearing to consider the adoption of resolutions of necessity, and amend one resolution of necessity, including providing all parties interested in the affected property and their attorneys, or their representatives, an opportunity to be heard on the issues relevant to the resolutions of necessity; 2) Make the following findings as hereinafter described in this report: a) The public interest and necessity require the proposed project; b) The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; c) The real property to be acquired is necessary for the project; and d) The offer of just compensation has been made to the owner. 3) Adopt Resolution of Necessity Nos. 14-016, 14-017, 14-018, and Amended Resolution of Necessity No. 13-074, "Resolutions of Necessity, and Amended Resolution of Necessity, for the Acquisition of Fee, Building Access Easement, Building Demolition Easement, Permanent Wall Footing Easement, Temporary Construction Easement, and Possessory and/or Leasehold Interests in All or Portions of Certain Real Property, by Eminent Domain, More Particularly Described as Assessor Parcel Nos. 102-050-002, 102-050-010, 102-050-013, 102-050-014, and 102-050-018; 118-330-009; 102-101-001; and 102-050-005 Located in Corona, Riverside County, California", for the State Route 91 Corridor Improvement Project (SR-91 CIP), between Pierce Street on the east to the County line on the West, in Riverside County, California. Agenda Item 6 BACKGROUND INFORMATION: The Commission is being asked to consider the adoption of resolutions of necessity for the interests in the parcels outlined in this agenda item. These interests are required for construction of the SR-91 CIP. The power of eminent domain is used by the Commission only as a last resort to obtain interests necessary for public highway projects after: 1) negotiations have stalled; or 2) the property owner requested the Commission proceed directly to eminent domain for tax or other advantages; or 3) the eminent domain process is necessary to clear the title to the property. In this case, offers of just compensation have been made to the property owner for the full Fair Market Value as determined by an appraisal. Commission staff attempted to negotiate amicable settlements in good faith, and will continue to do so throughout the process. Fair Market Value is defined by the state of California and is one of the most inclusive definitions in the United States. It requires the highest and best use of the property be considered. All of the Commission's appraisals must meet the California definition of Fair Market Value. One of the requirements for acquiring property for improvement projects is that an offer of just compensation be made to the owners of the property. The Commission makes these offers in person whenever possible. The amount of compensation is determined by appraisals prepared by independent appraisal firms licensed by the Bureau of Real Estate Appraisers. The content of these appraisals, what elements are considered in them, and the methodologies used in the preparation are all proscribed by various laws and the Uniform Standards of Appraisal Practice (USPAP), published by the Appraisal Foundation. The Federal Government recognizes the USPAP as generally accepted appraisal standards and requires USPAP compliance for appraisers in federally related transactions. Every appraisal calculates the market value of the acquisition as defined by the California Code of Civil Procedure, based on the highest and best use, as defined in USPAP, and includes consideration of severance damages and project benefits, which is also defined in the California Code of Civil Procedure. In every case, the owner is invited to accompany the appraiser during the site visit so that as much information as possible is considered in the appraisal. A review appraisal prepared by a different certified appraiser is then conducted to ensure all proper procedures have been followed. Additionally, in accordance with state law, every owner is offered up to $5,000 to reimburse the property owner for the cost to have their own appraisal prepared. Staff will bring to the Commission those interests that meet one of the three criteria above. The timing of these resolutions will balance the need to give the property owners as much time as possible to reach an agreement, while at the same time allowing enough time for the Commission to go through the process to obtain possession in time to avoid delays to the design -build contractor. The legal process from adoption of the resolutions of necessity to receiving legal possession of the properties takes approximately 150 days. California eminent domain law provides that a public entity may not commence with eminent domain proceedings until its governing body has adopted a resolution of necessity, which Agenda Item 6 2 " r e s o l u t i o n m a y o n l y b e a d o p t e d a f t e r t h e g o v e r n i n g b o d y h a s g i v e n e a c h p a r t y w i t h a n i n t e r e s t i n t h e a f f e c t e d p r o p e r t y , o r t h e i r r e p r e s e n t a t i v e s , a r e a s o n a b l e o p p o r t u n i t y t o a p p e a r a n d b e h e a r d o n t h e f o l l o w i n g m a t t e r s : 1 ) T h e p u b l i c i n t e r e s t a n d n e c e s s i t y r e q u i r e t h e p r o p o s e d p r o j e c t ; 2 ) T h e p r o j e c t i s p l a n n e d o r l o c a t e d i n a m a n n e r t h a t w i l l b e m o s t c o m p a t i b l e w i t h t h e g r e a t e s t p u b l i c g o o d a n d t h e l e a s t p r i v a t e i n j u r y ; 3 ) T h e r e a l p r o p e r t y t o b e a c q u i r e d i s n e c e s s a r y f o r t h e p r o j e c t ; a n d 4 ) T h e o f f e r o f j u s t c o m p e n s a t i o n h a s b e e n m a d e t o t h e p r o p e r t y o w n e r . S i n c e a n a g r e e m e n t h a s n o t b e e n r e a c h e d w i t h s o m e p r o p e r t y o w n e r s , i t m a y b e n e c e s s a r y t o a c q u i r e n e c e s s a r y i n t e r e s t s d e s c r i b e d b y e m i n e n t d o m a i n . T h e i n i t i a t i o n o f t h e e m i n e n t d o m a i n p r o c e s s i s a c c o m p l i s h e d b y t h e C o m m i s s i o n ' s a d o p t i o n o f r e s o l u t i o n s o f n e c e s s i t y f o r t h e a f f e c t e d p r o p e r t i e s . R e c o r d p r o p e r t y o w n e r s m u s t b e a f f o r d e d a n o p p o r t u n i t y t o a p p e a r a t t h e h e a r i n g a n d l o d g e o b j e c t i o n s . A n o t i c e o f t h i s h e a r i n g w a s s e n t b y f i r s t c l a s s m a i l t o t h e p r o p e r t y o w n e r s , a n d s t a t e d t h e C o m m i s s i o n ' s i n t e n t t o c o n s i d e r t h e a d o p t i o n o f r e s o l u t i o n s , t h e r i g h t o f t h e p r o p e r t y o w n e r s t o a p p e a r a n d b e h e a r d o n t h e s e i s s u e s , a n d t h a t f a i l u r e t o f i l e a w r i t t e n r e q u e s t t o a p p e a r w o u l d r e s u l t i n a w a i v e r o f t h e r i g h t t o a p p e a r a n d b e h e a r d . I h e C o m m i s s i o n s c h e d u l e d t h i s h e a r i n g a t w h i c h a l l p e r s o n s w h o f i l e d a w r i t t e n r e q u e s t i n c o m p l i a n c e w i t h a p p l i c a b l e l a w m a y a p p e a r a n d b e h e a r d . A e r i a l v i e w s o f t h e p a r c e l s s u b j e c t t o t h i s s t a f f r e p o r t i n r e l a t i o n t o t h e S R - 9 1 O P a r e a t t a c h e d . F i n d i n g 1 : P u b l i c I n t e r e s t a n d N e c e s s i t y R e q u i r e t h e P r o j e c t S R - 9 1 i n R i v e r s i d e C o u n t y r a n k s a m o n g t h e n a t i o n ' s w o r s t c o m m u t e s w h e r e m o s t m o t o r i s t s e x p e r i e n c e s i g n i f i c a n t d e l a y s . S t o p - a n d - g o t r a f f i c i s t h e n o r m , e s p e c i a l l y d u r i n g m o r n i n g a n d l a t e a f t e r n o o n r u s h h o u r s . T r a f f i c c o n g e s t i o n o n e a s t b o u n d S R - 9 1 b e t w e e n t h e c i t i e s o f A n a h e i m a n d C o r o n a i s r o u t i n e l y a m o n g t h e w o r s t 1 5 a r e a s i n t h e n a t i o n . S R - 9 1 i s c o n t i n u i n g t o e x p e r i e n c e i n c r e a s e d c o n g e s t i o n a s a r e s u l t o f p o p u l a t i o n g r o w t h i n R i v e r s i d e a n d S a n B e r n a r d i n o C o u n t i e s a n d t h e i n c r e a s e i n j o b s i n L o s A n g e l e s a n d O r a n g e C o u n t i e s . D e m o g r a p h i c p r o j e c t i o n s f o r t h e S o u t h e r n C a l i f o r n i a A s s o c i a t i o n o f G o v e r n m e n t s ( S C A G ) r e g i o n s h o w p o p u l a t i o n a n d e m p l o y m e n t i n R i v e r s i d e a n d O r a n g e C o u n t i e s a r e f o r e c a s t t o i n c r e a s e s u b s t a n t i a l l y b y 2 0 3 5 . A s a r e s u l t , t r a f f i c v o l u m e s o n S R - 9 1 a r e e x p e c t e d t o i n c r e a s e b y a p p r o x i m a t e l y 5 0 p e r c e n t b y 2 0 3 5 , w h i c h w o u l d r e s u l t i n e v e n g r e a t e r c o n g e s t i o n a n d d e l a y s o n S R - 9 1 . T h e e x i s t i n g t r a v e l d e m a n d o n S R - 9 1 h a s l e d t o a h e a v y d i r e c t i o n a l c o m m u t e p a t t e r n b e t w e e n L o s A n g e l e s / O r a n g e a n d R i v e r s i d e C o u n t i e s t h a t i s p r o j e c t e d t o c o n t i n u e i n t o t h e f u t u r e . A g e n d a I t e m 6 SR-91 is the only major highway that links Orange and Riverside Counties. Extending from the Orange County/Riverside County Fine in the city of Corona to Pierce Street in Riverside, the SR-91 CIP will add mixed flow lanes, tolled express lanes, improve interchanges, bridges, ramps, and local streets. New freeway to freeway ramp connections between SR-91 and Interstate 15 also will be made. The SR-91 CIP is designed to reduce delays, improve air quality, offer a choice between regular mixed flow lanes and express lanes, allow faster emergency response, relieve local street congestion, and provide better access to public transit and rails. Finding 2: The Project is Planned or Located in a Manner Most Compatible with Greatest Public Good and Least Private Injury A thorough analysis was conducted to find the single best alternative for the SR-91 CIP. Environmental analyses and findings indicate the chosen alignment uniquely satisfies engineering, public health, and environmental issues, and is the most compatible with the greatest public good and least private injury. To minimize private injury, a thorough analysis regarding the need for each property and each interest was conducted in the planning stages of the SR-91 CIP. Efforts during the planning stages included conducting public outreach meetings and seeking feedback about the SR-91 CIP alignment and potential impacts. Staff also met regularly with various local agencies and businesses to determine if modifications to the alignment were necessary to minimize impacts. These efforts continued over the course of years to ensure the alignment design achieved the greatest public good with the least private injury. As part of the acquisition process, unless settlement was reached within the first 30 days after an offer was made, every property owner was provided an opportunity to participate in meetings with project staff. The goal of these meetings was to minimize private injury not only on the basis of information staff obtained through the planning process, but also on the information provided by the owners. As a result, staff has in some cases included mitigation measures to reduce and minimize impacts to the property. Compliance with the California Environmental Quality Act has been satisfied by Ca!trans' approval of an environmental impact report (EIR) in its role as lead agency on August 8, 2012, and the Commission's subsequent consideration of that approved EIR in its role as a responsible agency on November 14, 2012. Finding 3: The Real Property to be Acquired is Necessary for the Project The property interests sought below have been analyzed to determine if a feasible design alternative exists that would alleviate the need for the interest. As indicated above, the property owners of the interests were invited to meet with project staff and provide input to address any concerns the property owners may have with the design of the SR-91 CIP in the manner proposed and the necessity of the acquisition. To the extent the property owners Agenda Item 6 • 4 " r a i s e d s u c h c o n c e r n s ; s t a f f t o o k t h o s e c o n c e r n s i n t o c o n s i d e r a t i o n a n d a t t e m p t e d t o m a k e d e s i g n m o d i f i c a t i o n s a s f e a s i b l e a n d p o s s i b l e . I n t h e e n d , s t a f f r e c o m m e n d s t h e f o l l o w i n g i n t e r e s t s i n r e a l p r o p e r t y a r e n e c e s s a r y f o r t h e p r o j e c t . R O N N o . 1 4 - 0 1 6 O w n e r : S e r f a s S e r v i c e S t a t i o n , I n c . ; A P N s 1 0 2 - 0 5 0 - 0 0 2 , 1 0 2 - 0 5 0 - 0 1 0 , 1 0 2 - 0 5 0 - 0 1 3 , 1 0 2 - 0 5 0 - 0 1 4 , a n d 1 0 2 - 0 5 0 - 0 1 8 ; C P N s 2 2 1 2 8 - 1 , 2 2 1 2 8 - 2 , 2 2 1 2 8 - 3 , 2 2 1 2 8 - 4 , 2 2 1 2 8 - 5 , a n d 2 2 1 2 8 - 6 T h e r e a l p r o p e r t y c o m m o n l y k n o w n a s A P N s 1 0 2 - 0 5 0 - 0 0 2 , 1 0 2 - 0 5 0 - 0 1 0 , 1 0 2 - 0 5 0 - 0 1 3 , 1 0 2 - 0 5 0 - 0 1 4 , a n d 1 0 2 - 0 5 0 - 0 1 8 i s o w n e d i n f e e b y S e r f a s S e r v i c e S t a t i o n , I n c . , a C a l i f o r n i a c o r p o r a t i o n a n d i s l o c a t e d a t 8 0 0 S e r f a s C l u b D r i v e , C o r o n a , C a l i f o r n i a . T h e s u b j e c t p r o p e r t y i s i r r e g u l a r i n s h a p e a n d c o n t a i n s a p p r o x i m a t e l y 1 4 0 , 0 5 3 s q u a r e f e e t o f l a n d a r e a . T h e s u b j e c t p r o p e r t y i s p r e s e n t l y i m p r o v e d w i t h a s e r v i c e s t a t i o n , a f a s t f o o d r e s t a u r a n t , a s s o c i a t e d p a r k i n g l o t s , a n d a n u n i m p r o v e d l o t w i t h a n o u t d o o r a d v e r t i s i n g b i l l b o a r d . T h e p r o p e r t y i s b o u n d e d b y t h e e a s t b o u n d S e r f a s C l u b D r i v e o f f - r a m p t o t h e n o r t h , a n u n i m p r o v e d l o t t o t h e s o u t h , a n d S e r f a s C l u b D r i v e t o t h e e a s t . T h e C o m m i s s i o n ' s p r e l i m i n a r y d e s i g n r e q u i r e s s i x s u b - p a r c e l s : t w o f e e a c q u i s i t i o n s t o t a l i n g 1 2 , 2 4 0 s q u a r e f e e t o f l a n d a r e a , a 3 , 6 7 5 s q u a r e f o o t p e r m a n e n t w a l l f o o t i n g e a s e m e n t , a n d t h r e e t e m p o r a r y c o n s t r u c t i o n e a s e m e n t s t o t a l i n g 9 , 0 0 6 s q u a r e f e e t o f l a n d a r e a . " " T h e n o r t h a n d e a s t s i d e o f t h e s u b j e c t p r o p e r t y i s i m p a c t e d d u e t o t h e p r o p o s e d w i d e n i n g o f S R - 9 1 t o t h e s o u t h a n d r e s u l t i n g r e a l i g n m e n t o f t h e e a s t b o u n d S e r f a s C l u b D r i v e o f f - r a m p . A s t h e f r e e w a y w i l l b e e x p a n d e d t o t h e s o u t h , t h e o f f - r a m p w i l l a l s o b e s h i f t e d t o t h e s o u t h d i r e c t l y a f f e c t i n g t h e n o r t h e r n f r o n t a g e o f t h e s u b j e c t p r o p e r t y . T h i s w i d e n i n g w i l l a l s o i n v o l v e c o n s t r u c t i o n o f a r e t a i n i n g w a l l , w h i c h r e q u i r e s a p e r m a n e n t w a l l f o o t i n g e a s e m e n t a n d a t e m p o r a r y c o n s t r u c t i o n e a s e m e n t d i r e c t l y a f f e c t i n g t h e n o r t h e r n f r o n t a g e o f t h e s u b j e c t p r o p e r t y . A d d i t i o n a l l y , t h e w i d e n i n g o f t h e S e r f a s C l u b D r i v e s o u t h o f S R - 9 1 d i r e c t l y i m p a c t s t h e e a s t e r n f r o n t a g e o f t h e p r o p e r t y , b l o c k i n g o f f o n e o f t h e t w o e x i s t i n g d r i v e w a y s , w h i c h w i l l b e r e p l a c e d b y a d r i v e w a y o n t h e s o u t h s i d e o f t h e p r o p e r t y . L e g a l d e f i n i t i o n ( s ) , l e g a l d e s c r i p t i o n ( s ) a n d / o r p l a t m a p ( s ) o f t h e p o r t i o n s s o u g h t t o b e a c q u i r e d a r e a t t a c h e d a s a n e x h i b i t t o R e s o l u t i o n o f N e c e s s i t y N o . 1 4 - 0 1 6 . A n a e r i a l v i e w o f t h e p a r c e l a n d t h e p a r c e l ' s r e l a t i o n s h i p t o t h e S R - 9 1 C I P i s a l s o a t t a c h e d . T h e N o t i c e o f H e a r i n g w a s m a i l e d t o t h e p r o p e r t y o w n e r s o n M a r c h 2 8 , 2 0 1 4 . R O N N o . 1 4 - 0 1 7 O w n e r : D v o r a k & P a y n e , L t d . ; A P N 1 1 8 - 3 3 0 - 0 0 9 ; C P N s 2 2 1 7 5 - 1 , 2 2 1 7 5 - 2 , 2 2 1 7 5 - 3 , 2 2 1 7 5 - 4 , 2 2 1 7 5 - 5 , a n d 2 2 1 7 5 - 6 T h e r e a l p r o p e r t y c o m m o n l y k n o w n a s A P N 1 1 8 - 3 3 0 - 0 0 9 i s o w n e d i n f e e b y D v o r a k & P a y n e , L t d . , a l i m i t e d p a r t n e r s h i p . T h e s u b j e c t p r o p e r t y i s l o c a t e d a t 1 4 4 1 P o m o n a R o a d , C o r o n a , C a l i f o r n i a . T h e s u b j e c t p r o p e r t y i s r o u g h l y r e c t a n g u l a r i n s h a p e a n d c o n t a i n s a p p r o x i m a t e l y 8 7 , 7 4 0 s q u a r e f e e t o f l a n d a r e a . T h e p r o p e r t y i s c u r r e n t l y i m p r o v e d w i t h a n a p p r o x i m a t e l y 3 9 , 2 6 8 s q u a r e f o o t m u l t i - t e n a n t i n d u s t r i a l b u i l d i n g , a s s o c i a t e d p a r k i n g l o t , a n d o t h e r i m p r o v e m e n t s . T h e p r o p e r t y i s b o u n d e d o n t h e n o r t h , e a s t , a n d w e s t b y n e i g h b o r i n g A g e n d a I t e m 6 industrial/commercial properties and Pomona Road to the south. The Commission's preliminary design requires six sub -parcels: a fee acquisition of 5,708 square feet of land area; a 9,448 square foot building demolition easement; a 39,123 square foot building access easement; and three temporary construction easements totaling 11,299 square feet of land area. A portion of the subject property is impacted due to the widening of SR-91 and the reconfiguration of Pomona Road. The freeway widening will provide additional capacity in both the additional general purpose lane as well as the proposed toll lanes. SR-91 widens north approximately 40 feet in the vicinity of the property, which requires Pomona Road to be shifted north directly affecting the industrial building on the southern frontage of the subject property. Construction of a retaining wall of about 8 feet is also required. Legal definition(s), legal description(s) and/or plat map(s) of the portions sought to be acquired are attached as an exhibit to Resolution of Necessity No. 14-017. An aerial view of the parcel and the parcel's relationship to the SR-91 CIP is also attached. The Notice of Hearing was mailed to the property owners on March 28, 2014. RON No. 14-018 — Tenant: Giant Inland Empire RV Center, Inc.; APN 102-101-001; CPN 22135 The real property commonly known as APN 102-101-001 is now owned in fee by the Riverside County Transportation Commission. The property was acquired through negotiated purchase from the prior record owner, Brett Brinkhoff, Trustee of the Shirley Brinkhoff Charitable Remainder Unitrust U/D/T August 30, 2012. Giant Inland Empire RV Center, Inc. (Giant RV), a tenant, has a possessory and/or leasehold interest in the real property, and operates a business engaged in the sale of recreational vehicles. The subject property is located at 2200 Frontage Road, Corona, California. The subject property is rectangular in shape and is approximately 69,930 square feet. The property is currently a paved parking lot and improved with an office/sales building. The property is bounded by an existing frontage road to the north, a residential subdivision to the south, and paved parking lots to the east and west. The Commission's design of the SR-91 CIP necessitates that the Commission acquire the parcel in fee including all possessory and/or leasehold interests and any improvements located thereon. The Commission having previously acquired the ownership's interest, it is seeking a resolution of necessity to acquire all possessory and/or leasehold interests of Giant RV. The entire area of the subject property is impacted due to the proposed widening of SR-91 and resulting realignment of Frontage Road. The freeway edge of travel way will be extended about 116 feet to the south, causing both the off -ramp to Maple Street and Frontage Road to shift south. This ramp will also require the construction of a retaining and sound wall, which also directly affects the property. Agenda Item 6 • 6 The legal description(s) of the parcel in which the Commission is acquiring all leasehold and possessory interests is an exhibit to Resolution of Necessity No. 14-018. An aerial view of the parcel and the parcel's relationship .to the SR-91 CIP is also attached. The Notice of Hearing was mailed to property owners on March 28, 2014. AMENDED RON No. 13-074 — Owner: Serfas Country Clubs, Inc., APN 102-050-005; CPN 22121 The real property commonly known as APN 102-050-005 is owned in fee by Serfas Country Clubs, Inc., a California corporation. The subject property is part of the Serfas Club Golf Course and is located in Corona, California, but has no site address. The subject property is roughly triangular in shape and is currently unimproved and landlocked. It contains approximately 22,216 square feet of land area. An offer of just compensation was made to the record owners on December 20, 2012, for acquisition of a portion of the property consisting of a 6,449 square foot fee acquisition, a 1,423 square foot permanent wall footing easement, and a 911 square foot temporary construction easement. A portion of the real property to be acquired and identified as APN 102-050-005, is a "remnant" as defined in Code of Civil Procedure section 1240.410, thereby giving the Commission separate statutory authority to acquire that portion by eminent domain. • • The property is bounded by the SR-91 to the north and another unimproved lot on the remaining borders. The subject property is impacted due to the proposed widening of the SR-91 and resulting realignment of the eastbound Serfas Club Drive off -ramp. The freeway edge of travel way will be extended about 40 feet to the south, causing the off -ramp to shift south directly affecting the northern portion of the subject property. This ramp will also require a retaining wall which also directly affects the property. On November 13, 2013, the Commission adopted Resolution of Necessity No. 13-074 authorizing acquisition of portion so the property and the property interests described above. Since that time, the Commission's consultants and the record owners determined that after the Commission's acquisition of portions of the property, the remainder property or portion thereof will be left in such size, shape or condition as to be of little market value, and affectively an uneconomic "remnant" as defined by Code of Civil Procedure section 1240.410. Accordingly, the Commission is seeking an amended resolution of necessity for the purpose of acquiring the entire property in fee. The legal description(s) and/or plat map(s) of the property sought to be acquired are attached as an exhibit to Amended Resolution of Necessity No. 13-074. An aerial view of the parcel and the parcel's relationship to the SR-91 CIP is also attached. The Notice of Hearing was mailed to the property owners on April 22, 2014. Agenda Item 6 Finding 4: Offers of Just Compensation Have Been Made to the Property Owners Preliminary title reports and/or litigation guarantees were obtained from Commonwealth Land Title Insurance Company to confirm and identify the parties with an interest in the parcels affected by the SR-91 CIP. The Commission then served the affected property owners and other interested parties as appropriate, with a notice of the Commission's decision to appraise the property. The Commission had the real property interests appraised by the real estate appraisal firms of Lidgard and Associates, Inc., and Kiley Company and the fixtures and equipment interests were appraised by the appraisal firms of Hodges Lacey & Associates, LLC and Desmond, Marcello & Amster, LLC to establish the Fair Market Value of the property interests the Commission is seeking to acquire from the parties identified herein. Offers of just compensation were made to the property owners to purchase the property interests and, in the case of possessory and/or leasehold interests, to the affected tenants, based on the approved appraisals, as required by Section 7267.2 of the California Government Code. However, the Commission will acquire the fee, permanent wall footing easement, building demolition easement, building access easement, temporary construction easement, and possessory and/or leasehold interests including any improvements sought from the property owners and/or tenants through eminent domain, to ensure the property will be available to meet the time frames associated with the construction of the SR-91 CIP. Fiscal Impact There is no fiscal impact due to adoption of the resolution of necessity. All property acquisition expenses are included in the SR-91 CIP budget. Attachments: 1) Resolution No. 14-016 2) Resolution No. 14-017 3) Resolution No. 14-018 4) Amended Resolution No. 13-074 Agenda item 6 8 ATTACHMENT RESOLUTION NO. 14-016 RESOLUTION OF NECESSITY FOR THE ACQUISITION OF FEE, PERMANENT WALL FOOTING EASEMENT, AND TEMPORARY CONSTRUCTION EASEMENT INTERESTS IN CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NOS. 102-050-002, 102-050-010, 102-050-013, 102-050-014, AND 102-050-018, LOCATED IN CORONA, RIVERSIDE COUNTY, CALIFORNIA, FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT, WHICH COVERS THE AREA BETWEEN PIERCE STREET ON THE EAST TO THE COUNTY LINE ON THE WEST, IN RIVERSIDE COUNTY, CALIFORNIA WHEREAS, the Riverside County Transportation Commission (the Commission) proposes to acquire fee, permanent wall footing easement, and temporary construction easement interests in certain real property, located in Riverside County, California, more particularly described as Assessor Parcel Nos. 102-050-002, 102-050-010, 102-050-013, 102-050-014, and 102-050-018 (Caltrans Parcel Nos. 22128-1, 22128-2, 22128-3, 22128-4, 22128-5 and 22128-6), for the State Route 91 Corridor Improvement Project (SR-91 CIP) in Riverside County, California, pursuant to the authority granted to it by section 130220.5 of the California Public Utilities Code; and WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the Commission scheduled a public hearing for Wednesday, May 14, 2014 at 9:30 a.m., at the County Administration Building, Board of Supervisors Chambers, at 4080 Lemon Street, Riverside, California, and gave to each person whose property is to be acquired and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in section 1240.030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by the Commission, and the affected property owner and other interested parties were afforded an opportunity to be heard on said matters; and WHEREAS, the Commission may now adopt a Resolution of Necessity pursuant to section 1240.040 of the California Code of Civil Procedure; NOW, THEREFORE, THE COMMISSION DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS: Section 1. Compliance with California Code of Civil Procedure. There has been compliance by the Commission with the requirements of section 1245.235 of the California Code of Civil Procedure regarding notice and hearing. • Section 2. Public Use. The public use for the fee, permanent wall footing easement, and temporary construction easement interests in the property to be acquired is for the SR-91 CIP in Riverside County, California. Section 130220.5 of the California Public Utilities Code authorizes the Commission to acquire, by eminent domain, property necessary for such purposes. Section 3. Description of Property. Attached and marked as Exhibit "A" are the legal definitions, legal descriptions and/or plat maps of the portions of the parcel upon which the fee, permanent wall footing easement, and temporary construction easement interests to be acquired by the Commission are located, and which describe the general location and extent of the property with sufficient detail for reasonable identification. Section 4. Findings. The Commission hereby finds and determines each of the following: (a) The public interest and necessity require the proposed project; (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The property defined, described and/or depicted in Exhibit "A" is necessary for the proposed project; and (d) The offer required by section 7267.2 of the California Government Code was made. Section 5. Use Not Unreasonably Interfering with Existing Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights of way appropriated to existing public uses. The legal descriptions of these easements and rights of way are on file with the Commission and describe the general location and extent of the easements and rights of way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the Commission is authorized to acquire the herein described interest subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure. Section 6. More Necessary Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights of way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the Commission finds and determines that the herein described use or uses are more necessary than said existing public use. Counsel for the Commission is authorized to 10 acquire the herein described real property appropriated to such existing public uses pursuant to section 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make such improvements to the affected real property that it determines are reasonably necessary to mitigate any adverse impact upon the existing public use. Section 7. Further Activities. Counsel for the Commission is hereby authorized to acquire the hereinabove described real property in the name of and on behalf of the Commission by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may be required in connection therewith. Counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the Commission to take possession of and use said real property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non -material changes in the legal description of the real property that are deemed necessary for the conduct of the condemnation action, or other proceedings or transactions required to acquire the subject real property. Counsel is further authorized to reduce or modify the extent of the interests or property to be acquired so as to reduce the compensation payable in the action where such change would not substantially impair the construction and operation for the project for which the real property is being acquired. Section 8. Effective Date. This Resolution shall take ettR1 upon adoption. APPROVED AND ADOPTED this 14th day of May, 2014. Marion Ashley, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission 11 12 Legal Definitions of Property to be Acquired The following is a list of definitions of legal rights to be acquired by Riverside County Transportation Commission: (The rights being acquired may be exercised mutually exclusive of each other.) "Fee" also known as fee simple or fee simple absolute, grants to RCTC absolute ownership of the portion of the property to be acquired. "Permanent Wall Footing Easement" grants to RCTC, including its successors and assigns, a permanent easement to construct, maintain, operate, repair, alter, replace, and remove footings, under, along and across the easement area, together with all necessary and convenient means of ingress and egress to and from the easement area or strip or parcel of land, for the purpose of constructing, reconstructing, maintaining, operating, repairing, renewing, or enlarging in any manner the footings together with any and all of the purposes hereinbefore mentioned. "Temporary Construction Easement" (TCE) refers to the right of RCTC, its successors and assigns, to engage in construction and related activities for the project. • With respect to CPN 22128-4, such right shall be exercised for a period of 12 consecutive months, beginning no fewer than 72 hours after the date that RCTC provides written notice of commencement of possession to the property owner. With respect to CPNs 22128-5 and 22128-6, such rights shall be exercised for a period of 6 consecutive months, beginning no fewer than 72 hours after the date that RCTC provides written notice of commencement of possession to the property owner. The duration of the rights under this easement shall not extend beyond November 6, 2017, or upon filing of a Notice of Completion, whichever is earlier. Property Owner shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder. 173 3 6.02100\87 5 8966.1 EXHIBIT PAGE 1 " " 1 4 1 2 3 4 5 6 7 8 9 10 11 12 13 PS OMAS EXHIBIT `Al' LEGAL DESCRIPTION Caltrans Parcel No. 22128-1 Fee Acquisition APN 102-050-013 and 018 In the County of Riverside, State of California, being a portion of the land described in the deed recorded May 3, 2005 as Document No. 2005-0350811 of Official Records of said County, described as follows: Beginning at the most westerly corner of said land; thence South 76°15'55" East 183.13 feet along the general northerly line of said land to a point thereon, said point being the • • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 beginning of a non -tangent curve, concave southerly, having a radius of 1,500.00 feet, to which point a radial line bears North 13°44'54" East; thence easterly continuing along said general northerly line and said curve 252.62 feet through a central angle of 09°38'58" to a point thereon, said point being the beginning of a non -tangent curve, concave southerly, having a radius of 802.19 feet, to which point a radial line bears North 11°54'05" East; thence westerly along said curve 34.30 feet through a central angle of 02°26'59"; thence North 80°32'54" West 185.29 feet to the beginning of a curve concave northerly having a radius of 279.95 feet; thence westerly along said curve 41.45 feet through a central angle of 08°29'03"; thence North 72°03'52" West 42.01 feet to the beginning of a curve concave southerly having a radius of 309.00 feet; thence westerly along said curve 38.36 feet through a central angle of 07°06'45" to the beginning of a reverse curve concave northerly having a radius of 1,935.81 feet; thence westerly along said curve 25.19 feet through a central angle of 00°44'44" to a point on the southwesterly line of said land; thence North 49°32'46" West 76.92 feet along said southwesterly line to the Point of Beginning. Containing 10,883 square feet. 13:12PTG010501\SURVEY\LEGALS\22128_APN 102-050-002, 013,014,016,018\Legais\22128-1_Fee.doc 1/22/2014 Page 1 of 2 EXHIBIT PAGE 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS This conveyance is made for the purpose of a freeway and the Grantor hereby releases and relinquishes to the Grantee any and all abutter's rights or access, appurtenant to Grantor's remaining property, in and to said freeway. See Exhibit `A2' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. Prepared under the direction of Brian E. Bullock, PLS 5260 Date PA2PTG010501\SURVEYU.EGALS\22128_APN 102-050-002, 013,014,016,018\Legals\22128-1_Fee.doc 1/22/2014 Page 2 of 2 EXHIBIT PAGE 3 EXHIBIT A2 PARCEL# TITLE AREA AP 22128-1 FEE 10,883 SO. FT. 102-050-013 & 018 ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING ROUTE 91 RIVERSIDE FREEWAY 8 9 180 1 2 3 4 185 6 7 8 9 190 1 2 EXISTING R/W POB SEE SHEET 3 FOR DETAIL -- - - L 1� ,--` L 'V2°4 FOR -Rj R`SO4" TDAAG f JR rA 1s9s0A go Mr Nr--___-=""-�s 102-050-005 __--84 A8 2f7 _� PJR To/As 1Dr8r-1) ALL rJ' TM NT M8 2/-1 SEE SHEET 2 96,E FOR DETAIL RJ•N N R6S)4° POR , LOT A e-rr�r�cT ��o , 2525 me —Ji J O- J 'f J L N36 9q `• o �-, ' °30'2a E 0 rey �I o ; � �,--� W 102-050-006 ` J ml 111111 lt--' , PDR LJT A,� TRrAGT No, 525 �� slop,. co AIJJ ';' ll J D - J 'f 7.6. � ' � IN , \ c, �� \ p�_--- Q \- \ RADIAL TABLE R1 - N13°44'54"E LINE TABLE LEGEND L1 - S76°15'55"E 183.13' (R) Indicates Radial Bearing POB Point of Beginning L2 - S09°26'34"W 109.00' L3 - S01 °28'23"W 1 51 .46' ( ) Title to State L4 - S23°45'26"E 63.51' !lilt Access Prohibited NOTES 22128-1 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain FEE ACQUISITION ground distances. All distances are in feet unless otherwise noted. I FEET 0 100 200 400 600 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santo Ana,92707 (714)751 737347a14)545-M3 (Fax) DATE: 10-26-2011 REV. 6: 01-22-2014 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 RIVT17 91 3.6 1 3 CAI"1161 17i� 1-/iC7C 4 EXHIBIT A2 PARCEL# TITLE AREA APN 22128-1 FEE 10,883 S0. FT. 102-050-013 & 018 ROUTE 91 RIVERSIDE FREEWAY Y POB X it 1 S76°15'551,E 183.13' �6 92, Q�09238 834" R��5p0 r- �r R_ 150p, 00, C,59 - - C3 C2 (22128-1) L_254.2' — — LS NT90 _ C1 , N80°32'54"W 185.29' --- ,3' - — — PROPOSED R/W O.R. 102-050-006 DOC. NO. 2005-035081 1, , -(iRADIAL Pots, LOT A POR , LOT A TRACT NO, 525 993 TRACT NO 525 M8 41/10-14 °0>- me 4l/10-1'(r TABLE R1 - N13°44'54"E LINE TABLE R2 - S11°34'08"W L5 - N72°03'52"W 42.01' LEGEND CURVE TABLE C1 - 0=08°29(03" R= 279.95' L=41.45' (R) Indicates Radial Bearing POB Point of Beginning C2 - 0=07°06/45" R= 309.00' L=38.36' ' ( ) Title to State C3 - 0=00° 44'44" R=1 935.81 L=25.1 9' ) i ( i t Access Prohibited NOTES 22128-1 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain FEE ACQUISITION ground distances. All distances are in feet unless otherwise noted. I FEET 0 25 50 100 150 • EXHIBIT A2 PARCEL# TITLE AREA A P N 22128-1 FEE 10,883 SO. FT. 102-050-013 & 018 RADIAL TABLE R1 - N13°44'54"E XISTING R/W R`150p,pp, _ R=1500.00, — — R��TE 9, 1.,595a8 185.29' —_C4�" _ _ — Ri vERsiDE 4 — ^— • --- _o .0 �� co� REEwq y _ — _ _ I I L 1 A-22045,34„ d=09°38,58„ .221 28-1� . C1 PROPOSED R/W N80°32'54"W ------.--.__ — _• � (tft 4/99 <. DOC. NO. 2005-035081 1, O.R. w,,, 96-. POR , LOT .A in N � TRACI NO., 2525 p � I `� I «� ;, 1 ,N rl it — (' - In N 1�11� f 11 1 �� 1 1 ° , I 6- �� 1 z z I ���p_ 1 - _I I 102-050-006 POR„ LOT A TRACT NO, 525 I 9,7jo I �- I � ME) 'fI/10-1 i I LINE TABLE I L1 - S76° 1 5"55"E 1 83.1 3" I L5 - N72°03'52"W 42.01' LEGEND CURVE TABLE C1 - 0=08°29'03" R= 279.95' L=41.45' -li (R) Indicates Radial POB Point of Beginning Bearing C2 - A-07°06/45" R= 309.00' L=38.36' C3 - 0=00°44'44" R=1 935.81 ' L=25.1 9' ( ) Title to State (i i (t Access Prohibited C4 - A=02°26'59" R=802.19' L=34.30' NOTES 22128-1 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. FEE ACQUISITION Divide by 0.99997476 to obtain ground distances. All distances are I immommi in feet unless otherwise noted. FEET 0 25 50 100 150 PREPARED BY: DATE: 10-26-2011 REV. 6: 01-22-2014 EA: OF540 FA#: PSOMAS DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 3 Hutton Centre Drive, Ste. 200 Santa14)751-7373/(714)5459B1383 (Fox) 8 �"RIVT�q ��91 3.6 3 3 " 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 P S O M A S E X H I B I T ` B 1 ' L E G A L D E S C R I P T I O N C a ' t r a n s P a r c e l N o . 2 2 1 2 8 - 2 F e e A c q u i s i t i o n A P N 1 0 2 - 0 5 0 - 0 0 2 a n d 0 1 0 I n t h e C o u n t y o f R i v e r s i d e , S t a t e o f C a l i f o r n i a , b e i n g a p o r t i o n o f t h e l a n d d e s c r i b e d i n t h e d e e d r e c o r d e d M a y 3 , 2 0 0 5 a s D o c u m e n t N o . 2 0 0 5 - 0 3 5 0 8 1 1 o f O f f i c i a l R e c o r d s o f s a i d C o u n t y , d e s c r i b e d a s f o l l o w s : B e g i n n i n g a t t h e m o s t s o u t h e r l y c o r n e r o f s a i d l a n d ; t h e n c e N o r t h 4 9 � 3 2 ' 4 6 " W e s t 1 2 . 0 8 f e e t a l o n g t h e s o u t h w e s t e r l y l i n e o f s a i d l a n d t o a p o i n t t h e r e o n , s a i d p o i n t b e i n g t h e " " 1 4 1 5 1 6 1 7 1 8 1 9 2 0 2 1 . 2 2 2 3 2 4 2 5 2 6 2 7 2 8 2 9 3 0 3 1 b e g i n n i n g o f a n o n - t a n g e n t c u r v e c o n c a v e w e s t e r l y h a v i n g a r a d i u s o f 4 4 6 . 0 0 f e e t , t o w h i c h p o i n t a r a d i a l l i n e b e a r s S o u t h 7 8 � 1 1 ' 3 7 " E a s t ; t h e n c e n o r t h e r l y a l o n g s a i d c u r v e 1 8 . 2 7 f e e t t h r o u g h a c e n t r a l a n g l e o f 0 2 � 2 0 ' 4 8 " ; t h e n c e N o r t h 0 9 � 2 7 ' 3 5 " E a s t 3 5 . 9 4 f e e t ; t h e n c e N o r t h 0 9 � 5 5 ' 2 6 " E a s t 1 1 2 . 9 9 f e e t t o a p o i n t o n t h e g e n e r a l e a s t e r l y l i n e o f s a i d l a n d ; t h e n c e a l o n g s a i d g e n e r a l e a s t e r l y l i n e t h e f o l l o w i n g t w o ( 2 ) c o u r s e s : 1 ) S o u t h 0 1 � 2 8 ' 2 3 " W e s t 6 5 . 0 4 f e e t a n d 2 ) S o u t h 0 9 � 2 6 ' 3 4 " W e s t 1 0 9 . 0 0 f e e t t o t h e P o i n t o f B e g i n n i n g . C o n t a i n s 1 , 3 5 7 s q u a r e f e e t S e e E x h i b i t ` B 2 ' a t t a c h e d h e r e t o a n d m a d e a p a r t h e r e o f . T h e d i s t a n c e s d e s c r i b e d h e r e i n a r e g r i d d i s t a n c e s a n d a r e b a s e d o n C a l i f o r n i a C o o r d i n a t e S y s t e m o f 1 9 8 3 , Z o n e 6 , 2 0 0 7 . 0 0 e p o c h . G r o u n d d i s t a n c e s m a y b e o b t a i n e d b y d i v i d i n g g r i d d i s t a n c e s b y t h e m e a n c o m b i n a t i o n f a c t o r o f t h e c o u r s e s b e i n g d e s c r i b e d . T h e m e a n c o m b i n a t i o n f a c t o r f o r t h i s c o n v e r s i o n i s 0 . 9 9 9 9 7 4 7 6 . P A 2 P T G 0 1 0 5 0 1 \ S U R V E M E G A L S \ 2 2 1 2 8 _ A P N 1 0 2 - 0 5 0 - 0 0 2 , 0 1 3 , 0 1 4 , 0 1 6 , 0 1 8 \ L e g a l s \ 2 2 1 2 8 - 2 _ F e e . d o c 1 / 2 2 / 2 0 1 4 P a g e 1 o f 2 E X H I B I T P A G E 7 PS OMAS Prepared under the direction of Brian E. Bullock, PLS 5260 Date P:\2PTG010501\SURVEYNLEGALS\22128_APN 102-050-002, 013,014,016,018\Legals\22128-2 Fee.doc 1/22/2014 Page 2 of 2 EXHIBIT PAGE 8 EXHIBIT B2 PARCEL# TITLE AREA A P N 22128-2 FEE 1,357 SQ. FT. 102-050-002 & 010 ROUTE 91 RIVERSIDE FREEWAY 8 9 180 1 2 3 4 185 6 ROUTE 91 RIVERSIDE 7 8 9 C/L STATIONING EXISTING R/W (�Ll - :9\00,:t:ez1FREEWAY -`�=1500o39 if 1__ 595, 0 , 102-050-005 � �j-----=--r--=----8q,s POR JrLOMASr \J OR .A Q�OQOS r�I MS 2J / �1.9 i 96,, / a"E 0 30 2 36 �— N lR POR, LOT A /R 5E35 IC TRACT NO, - l 'i �221 28-2 l e ]ail ,f7./ 1 0- 9g� 1 10 I •0 ; �, ` ' I` !I� ��� 102-050-006 �c , II.,, 1_ W � DOC. NO. 200,5- POR„ LOT A 0350811 , O.R. TACT NO, 5 35 . ME1 47/ 1 0- 14 SEE SHEET W 14R 2. - - ■a 1" —. (') `- - 0.7 03 �q FOR DETAIL RADIAL TABLE R1 - N13°44'54"E LINE TABLE LEGEND L1 - S76o15'55"E 183.13' (R) Indicates Radial Bearing POB Point of Beginning L2 - S09 26'34"W 109.00' °28'23"W ( ) Title to State L3 - SO1 151 .46' I I 1 I t Access Prohibited L4 - S23°45'26"E 63.51 ' NOTES 22128-2 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain FEE ACQUISITION ground distances. All distances are in feet unless otherwise noted. f �� (•�� FEET 0 100 200 400 600 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200Santo . (714)751n 7373/(714)54S-BBB3 (Fox) DATE: 10-26-2011 REV. 6. 01-22-2014 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V , 1 91 3.7 1 2 CAI"IIt3117C, YH EXHIBIT B2 PARCEL# TITLE AREA A P N 22128-2 FEE 1,357 SQ. FT. 102-050-002 & 010 , DOC. NO. TRACT FOR, \ TOMAS YOREJA � ALLOTMENT MEI 2/ 7 \ / 2005-0350811 9 O.R. POR LOT A NO, 525 / �' Ma'f7/ 1 O J 'r �' PROPOSED R/W 0 Q f CD VARl N -co ° J 0 0 N 1 H S (2)_N Q O / / 90 �2 PJR ., LOT A6, j w ) , \ I �n 9 / in z CO v~i w v II TRACT NO 25d5' -- z cn ma I 47/ 1 O- 14r (221 28-2 � L 6- gp� Cl .O% � Q U_ mo oCC o o t o � (n -lit 102-050-006 J 1.1 qq' 44, POB RADIAL TABLE R2 - 578°11'37"E LEGEND LINE TABLE CURVE TABLE (R) Indicates Radial Bearing POB Point of Beginning L5 - 501 °28'23"W 65.04' C1 - A=02°20'48" R=446.00' ( ) Title to State L6 - N09°27'35"E 35.94' i i i i l Access Prohibited L7 - N49°32'46"W 12.08' L=18.27' NOTES 22128-2 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and.stationing are grid distances. Divide by 0.99997476 to obtain FEE ACQUISITION ground distances. All distances are in feet unless otherwise noted. I �1 FEET 0 25 50 100 15011 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santa Ana California 92707 (714)757-7373/(714)545-8883 (Fax) DATE: 10-26-2011 REV. 6: 01-22-2014 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 _R I V ... "...� �a�. 9 1 — . 3. 6 2 2 1 2 3 4 5 6 7 8 9 10 11 12 13 PS OMAS EXHIBIT Cl' LEGAL DESCRIPTION Caltrans Parcel No. 22128-3 Permanent Wall Footing Easement APN 102-050-013 and 018 In the County of Riverside, State of California, being a portion of the land described in the deed recorded May 3, 2005 as Document No. 2005-0350811 of Official Records of said County, described as follows: Beginning at the most westerly corner of said land; thence South 76°15'55" East 183.13 feet along the general northerly line of said land to a point thereon, said point being the • • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 beginning of a non -tangent curve, concave southerly, having a radius of 1,500.00 feet, to which point a radial line bears North 13°44'54" East; thence easterly continuing along said general northerly line and said curve 252.62 feet through a central angle of 09°38'58" to a point thereon, said point being the True Point of Beginning, said point also being the beginning of a non -tangent curve, concave southerly having a radius of 802.19 feet, to which point a radial line bears North 11 °54'05" East; thence westerly along said curve 34.30 feet through a central angle of 02°26'59"; thence North 80°32'54" West 185.29 feet to the beginning of a curve concave northerly having a radius of 279.95 feet; thence westerly along said curve 41.45 feet through a central angle of 08°29'03"; thence North 72°03'52" West 42.01 feet to the beginning of a curve concave southerly having a radius of 309.00 feet; thence westerly along said curve 38.36 feet through a central angle of 07°06'45" to the beginning of a reverse curve concave northerly having a radius of 1,935.81 feet; thence westerly along said curve 25.19 feet through a central angle of 00°44'44" to a point on the southwesterly line of said land, said point lying South 49°32'46" East 76.92 feet from said most westerly corner; thence South 49°32'46" East 14.92 feet along said southwesterly line to a point thereon, said point being the beginning of a non -tangent curve concave northerly having a radius of 1,943.06 feet, to which point a radial line bears South 11°11'01" West; thence easterly along said curve PA2PTG0105011SURVEY\LEGALS\22128_APN 102-050-002, 013,014,016,018\Legais\22128-3_PE.doc 1/22/2014 Page 1 of 2 EXHIBIT PPAGE 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS 12.22 feet through a central angle of 00°21'37" to the beginning of a reverse curve concave southerly having a radius of 301.75 feet; thence easterly along said curve 37.46 feet through a central angle of 07°06'45"; thence South 72°03'52" East 42.01 feet to the beginning of a curve concave northerly having a radius of 287.20 feet; thence easterly along said curve 42.53 feet through a central angle of 08°29'03'; thence South 80°32'54" East 13.44 feet; thence South 09°27'06" West 3.75 feet; thence South 80°32'54" East 171.86 feet to the beginning of a curve concave southerly having a radius of 791.19 feet; thence easterly along said curve 50.39 feet through a central angle of 03°38'57" to a point, said point being the beginning of a non -tangent curve concave southerly having a radius of 791.90 feet, to which point a radial line bears North 11'31'49" East; thence easterly along said curve 36.42 feet through a central angle of 02°38'05" to a point on said general northerly line, said point being the beginning of a non -tangent curve concave southwesterly having a radius of 1,500.00 feet, to which point ,a radial line bears North 25°28'14" East; thence northwesterly along said general northerly line and said curve 54.27 feet through a central angle of 02°04'22" to the True Point of Beginning. Containing 3,675 square feet. See Exhibit `C2' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. Prepared under the direction of 2- /¢ Brian E. Bullock, PLS 5260 Date P.\2PTG010501\SURVEY\LEGALS\22128_APN 102-050-002, 013,014,016,018\Legals\22128-3_PE.doc 1/22/2014 Page 2 of 2 EXHIBIT A l:'AGE 12 EXHIBIT C2 PARCEL# TITLE AREA A P N 22128-3 ESMT 3675 SO. FT. 102-050-013 & 018 ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING ROUTE 91 RIVERSIDE FREEWAY 8 9 180 1 2 3 4 185 6 7 8 9 190 1 EXISTING R/W POB SEE SHEET 3 FOR DETAIL POR, i�.-vRZ__ -`�s009" TOMAS YU ----• _ _�S9s-=_,:..-77_7!7-...-..•.--.84 �8 A 102-050-005 • ALLOTMENT -- ma 2/I �� N9_9 I POR , TOMfAS YURS A � f221 28-3 AL L0TI�/1FNI �9 i M8 2/7 SEE SHEET 2 6�� FOR DETAIL gI °S-o P OR , LOT A993 TRACT NO, 595 M8 '1 % / 1 U �- 1 '1 1 L_ N 6 •o,,, °30'2g�E ' � © � -� L W �� 1 � J J , 102-050-006 1t �- P O R ., L U T A p0D/ 00 TRACT NO, 2585 2 �• ., � �p . F III "'r7 / 1 0 ~ 1 ''7 �a O %\o, (6S - p Q�Sp1N�4ON \ 6�O ,... , S , . \,1 �\''� 4/01, RADIAL TABLE R1 - N13°44154"E LEGEND LINE TABLE (R) Indicates Radial Bearing POB Point of Beginning TPOB True Point of Beginning L1 - S76°15`55"E 183.13' L2 - S09°26'34"W 109.00' ° „ ( ) Title to State L3 - S01 28 23 W 151 .46 mil l Access Prohibited L4 - S23°45'26"E 63.51' NOTES 22128-3 Coordinates and bearings ore on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain PERMANENT WALL FOOTING EASEMENT ground distances. All distances are in feet unless otherwise noted. i FEET 0 100 200 400 600 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santo Ana, California 92707 (714)751-7373/(714)515-8893 (Fax) DATE: 10-26-2011 REV. 6: 01-22-2014 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V �I, r� 91 � � 3.6 1 3 C/�111011 A 11VL EXHIBIT C2 PARCEL* TITLE AREA APN 22128-3 ESMT 3675 SQ. FT. 102-050-013 & 018 il ROUTE 91 RIVERSIDE FR4i EEWAY Y POB T S76°15'55"E 183,73, 9D. N --/ p,n9038,583gR.;R50p00.00' 14.92' .__ C3 C2 00 >\ • --CR4 3_, C alliallau.6 4=22°45' `0aa..r. 5 C 1 0 5 411♦ N80 32 54 W 1;2ti 55 6z8q \ 185.29' — S'90 L7 S80' 32'54"E �2. PROPOSED R/VW — -- 96',, 1 71 .86' _. � — 102-050-006 o c`' 22128-3 0 II POiR, LOT A DOC. NO. 2005-035081 1 , O.R. RADIAL TABLE TRACT NO, 2525 '}7/ R1 - N1 3°44'54" E ma 1 0� l -'J POR, LOT A R2 - S 1 1 ° 34'OS"W 99 TRACT NO � 2525 R3 - 51 1 ° 1 1 '01 "W °G>, MS ''r l/ 1 0-1 'r LINE TABLE L5-N72°03'52"W 42.01' L6-572°03'52"E 42.01' CURVE TABLE L7-580°32'54"E 13.44' C1 - A=08°29'03" R= 279.95' L=41.45' L8-509°27'06"W 3.75' C2 - A=07°06'45" R= 309.00' L=38.36' LEGEND C3 - A=00°44'44" R=1935.81' L=25.19' C4 - 0=00°21'37" R=1943.06' L=12.22' (R) Indicates Radial Bearing POB Point of Beginning TPOB True Point of Beginning e5 - L\=07°06'45' R= 301.75' L-37.46' 0 , C6 - A=08 29 03' R= 287.20 L=42.53 ( ) Title to State 1 1 1 1 l Access Prohibited NOTES 22128-3 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain PERMANENT WALL FOOTING EASEMENT ground distances. All distances are feet unless otherwise noted. i IIin FEET 0 25 50 100 150 PREPARED BY: PSOMAS 3 Hutton Centre Drive Ste. 200 Sant ❑ Ana Coliforn is 92707 (714)751 7373A 714)545-8883 (Fox) DATE: 10-26-2011 REV. 6: 01-22-2014 EA: OF540 FA*: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V . 91 3.6 2 3 EXHIBIT C2 PARCEL# TITLE AREA APN 22128-3 ESMT 3675 SO. FT. 102-050-013 & 018 RADIAL TABLE R1 - N13°44'54"E . T ►_ C e _L1 ©=22°45'3q„ RQ(JT in r1 4=09°38,58„ R=150p N �1 R=15p0 PROPOSED R/W �C 5 i••��s�I♦� 8N80° 32'54"W L7 -- S80'32'54"E .' _ N1 ° N25a09,55„ 1 0o RJ�E. 28 1 q�F_2,=791�90 00, (_595 JQE 89 C,252° 62 1 85.29' -�.._ 171.86' _ �-- — _ — C 8-+ (R g ) FR�� °p°0o'T-/ r H/4 Y r Gl rr TPOB --' i r Ala.....- r -_1.,__C • .. 22128-3 00 _io 1 I \ .- 1 o 1 ^1 "I^ i Nio rn10 Sp90 �i� r1rn 3 11111 anal _ 2p6C DOC. NO. 2005-035081 1 9 O.R. as lgti i L711, FOR, LOT A wiw (Lc)cr i � c� �, TRACT NO, 595 Inc6j„,; i �� ��� 102-050-006 1 MEI 4 // 1 0- 1 !r P n -7-1, c i--. cv �: tn1N o1Q- I ci) 7 El FOR, LOT A ° b io1;- 1 � 1 M8 'fI/J0-J4 Z'zrn1r-- i 993 zi z i LINE TABLE .0, L1 - S76°15'55"E 183.13' L5 - N72°03'52"W 42.01' \ L6 - 572°03'52"E 42.01' ' L7 - 580°32'54"E 13.44' L8 - 509°27'06"W 3.75' CURVE TABLE LEGEND C1-=08°29'03" R= 279.95' L=41.45' (R) Indicates Radial Bearing POB Point of Beginning TPOB True Point of Beginning C6 - A=08°29'03" R= 287.20' L=42.531 -'i C7 ,- A=02°26'59" R= 802.19' L=34.30' C8 - A=03°38'57" R= 791.19' L=50.391 ( ) Title to state C9 - A=02°38'05" R= 791.90' L=36.42' MIL Access Prohibited C10 - A=02°04'22" R=1500.00' L=54.27' NOTES 22128-3 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain PERMANENT WALL FOOTING EASEMENT ground distances. All distances are in feet unless otherwise noted. 1 FEET 0 25 50 100 150 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santa Ana California 92707 014 )751-7373/(7141545-8883 (Fax) DATE: 10-26-2011 REV. 6: 01-22-2014 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 �, R I V a� 91 3.6 3 3 " 3 0 " 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 P S O M A S E X H I B I T ` D V L E G A L D E S C R I P T I O N C a l t r a n s P a r c e l N o . 2 2 1 2 8 - 4 T e m p o r a r y C o n s t r u c t i o n E a s e m e n t A P N 1 0 2 - 0 5 0 - 0 1 3 a n d 0 1 8 I n t h e C o u n t y o f R i v e r s i d e , S t a t e o f C a l i f o r n i a , b e i n g a p o r t i o n o f t h e l a n d d e s c r i b e d i n t h e d e e d r e c o r d e d M a y 3 , 2 0 0 5 a s D o c u m e n t N o . 2 0 0 5 - 0 3 5 0 8 1 1 o f O f f i c i a l R e c o r d s o f s a i d C o u n t y , d e s c r i b e d a s f o l l o w s : B e g i n n i n g a t t h e m o s t w e s t e r l y c o r n e r o f s a i d l a n d ; t h e n c e S o u t h 7 6 � 1 5 ' 5 5 " E a s t 1 8 3 . 1 3 f e e t a l o n g t h e g e n e r a l n o r t h e r l y l i n e o f s a i d l a n d t o a p o i n t t h e r e o n , s a i d p o i n t b e i n g t h e " " 1 4 1 5 1 6 1 7 1 8 1 9 2 0 2 1 2 2 2 3 2 4 2 5 2 6 2 7 2 8 2 9 3 0 3 1 b e g i n n i n g o f a n o n - t a n g e n t c u r v e , c o n c a v e s o u t h e r l y , h a v i n g a r a d i u s o f 1 , 5 0 0 . 0 0 f e e t , t o w h i c h p o i n t a r a d i a l l i n e b e a r s N o r t h 1 3 � 4 4 ' 5 4 " E a s t ; t h e n c e e a s t e r l y c o n t i n u i n g a l o n g s a i d g e n e r a l n o r t h e r l y l i n e a n d s a i d c u r v e 3 0 6 . 8 9 f e e t t h r o u g h a c e n t r a l a n g l e o f 1 1 � 4 3 ' 2 0 " t o a p o i n t t h e r e o n , s a i d p o i n t b e i n g t h e T r u e P o i n t o f B e g i n n i n g ; t h e n c e e a s t e r l y , c o n t i n u i n g a l o n g s a i d g e n e r a l n o r t h e r l y l i n e a n d s a i d c u r v e 4 0 . 6 5 f e e t t h r o u g h a c e n t r a l a n g l e o f 0 1 � 3 3 ' 1 0 " t o a p o i n t t h e r e o n , s a i d p o i n t b e i n g t h e b e g i n n i n g o f a n o n - t a n g e n t c u r v e c o n c a v e s o u t h e r l y h a v i n g a r a d i u s o f 7 8 4 . 4 0 f e e t , t o w h i c h p o i n t a r a d i a l l i n e b e a r s N o r t h 1 7 � 0 4 ' 1 1 " E a s t ; t h e n c e w e s t e r l y a l o n g s a i d c u r v e 7 5 . 9 4 f e e t t h r o u g h a c e n t r a l a n g l e o f 0 5 � 3 2 ' 4 9 " t o a p o i n t , s a i d p o i n t b e i n g t h e b e g i n n i n g o f a n o n - t a n g e n t c u r v e c o n c a v e s o u t h e r l y h a v i n g a r a d i u s o f 7 8 3 . 6 9 f e e t , t o w h i c h p o i n t a r a d i a l l i n e b e a r s N o r t h 1 3 � 0 6 ' 3 0 " E a s t ; t h e n c e w e s t e r l y a l o n g s a i d c u r v e 5 0 . 0 2 f e e t t h r o u g h a c e n t r a l a n g l e o f 0 3 � 3 9 ' 2 4 " ; t h e n c e N o r t h 8 0 � 3 2 ' 5 4 " W e s t 4 4 . 2 9 f e e t ; t h e n c e S o u t h 0 9 � 2 7 ' 0 6 " W e s t 7 . 5 0 f e e t ; t h e n c e N o r t h 8 0 � 3 2 ' 5 4 " W e s t 3 4 . 5 6 f e e t ; t h e n c e N o r t h 7 5 � 2 4 ' 5 5 " W e s t 1 4 1 . 5 1 f e e t ; t h e n c e N o r t h 7 2 � 1 5 ' 4 3 " W e s t 8 9 . 8 4 f e e t t o a p o i n t o n t h e s o u t h w e s t e r l y l i n e o f s a i d l a n d ; t h e n c e N o r t h 4 9 � 3 2 ' 4 6 " W e s t 1 1 . 7 1 f e e t a l o n g s a i d s o u t h w e s t e r l y l i n e t o a p o i n t t h e r e o n , s a i d p o i n t b e i n g t h e b e g i n n i n g o f a n o n - t a n g e n t c u r v e c o n c a v e n o r t h e r l y h a v i n g a r a d i u s o f 1 , 9 4 3 . 0 6 f e e t , t o w h i c h p o i n t a r a d i a l l i n e b e a r s S o u t h 1 1 � 1 1 ' 0 1 " W e s t ; t h e n c e e a s t e r l y a l o n g s a i d c u r v e 1 2 . 2 2 f e e t t h r o u g h a c e n t r a l a n g l e o f 0 0 � 2 1 ' 3 7 " t o t h e b e g i n n i n g o f a P A 2 P T G 0 1 0 5 0 1 \ S U R V E Y \ L E G A L S \ 2 2 1 2 8 _ A P N 1 0 2 - 0 5 0 - 0 0 2 , 0 1 3 , 0 1 4 , 0 1 6 , 0 1 8 \ L e g a l s \ 2 2 1 2 8 - 4 _ T C E . d o c 1 / 2 2 / 2 0 1 4 P a g e 1 o f 2 E X H I B I T A ? - P A G E 1 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26, 27 28 29 30 31 PS OMAS reverse curve concave southerly having a radius of 301.75 feet; thence easterly along said curve 37.46 feet through a central angle of 07°06'45"; thence South 72°03'52" East 42.01 feet to the beginning of a curve concave northerly having a radius of 287.20 feet; thence easterly along said curve 42.53 feet through a central angle of 08°29'03"; thence South 80°32'54" East 13.44 feet; thence South 09°27'06" West 3.75 feet; thence South 80°32'54" East 171.86 feet to the beginning of a curve concave southerly having a radius of 791.19 feet; thence easterly along said curve 50.39 feet through a central angle of 03°38'57" to a point, said point being the beginning of a non -tangent curve concave southerly having a radius of 791.90 feet, to which point a radial line bears North 11°31'49" East; thence easterly along said curve 36.42 feet through a central angle of 02°38'05" to the True Point of Beginning. Containing 3,796 square feet. See Exhibit `D2' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. Prepared under the direction of Brian E. Bullock, PLS 5260 Date 22 ¢ P:\2PTG010501\SURVEY\LEGALS122128_APN 102-050-002, 013,014,016,018Tegals122128-4_TCE.doc 1/22/2014 Page 2 of 2 EXHIBIT A?PAGE 17 EXHIBIT D2 PARCEL# TITLE AREA APN 22128-4 TCE 3796 SQ. FT. 102-050-013 & 018 ROUTE 91 RIVERSIDE FREEWAY 8 9 180 1 2 3 4 185 6 7 8 9 190 1 ROUTE 91 RIVERSIDE POB EXISTING SEE SHEET 3 FOR DETAIL FREEWAY C/L STATIONING --t-..— --,-,--7......11.„.. Ll -- R/W j_ 102-050-005 — — -'8q <,\ g r) i , , ,9 ti r y� N9,9 POR„ TL7)� AS YOREJA ALLOTMENT o,l � 3 C221 28-4 � l 0, ,,�- � � � SO,(, Qp� ,� ,� Jill) 2./7 96 p S OS'' Q FOR, LOT A TRACT NO, 5E5 N1E3 'r.// 1 O- 1 1. DOC . NO. 2005- 03508119 O.R. 1 L- ' 9 9• o ,% o 30 va 2a„ � ro, � ; Alec N f O� w DI ,` J 102-050-006 ' �00 FOR., LOT A 1 TRADT NO, 5E35 pF co (,) �--- Q rl it - V1 l/ 1 0 �- J '� WD,, a. P \--' / RADIAL TABLE R1 - N13°44'54"E LEGEND LINE TABLE (R) Indicates Radial Bearing POB Point of Beginning TPOB True Point of Beginning L1 - S76° 1 5'55"E 1 83.1 3' L2 - S09°26'34"W 109.00' °28'23"W ( ) Title to State L3 - S01 1 51 .46' i 1 i ) 1 Access Prohibited L4 - S23°45'26"E 63.51' NOTES 22128-4 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain TEMPORARY CONSTRUCTION EASEMENT ground distances. All distances are in feet unless otherwise noted. i FEET 0 100 200 400 600 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santa Ana, California 92707 (714)751-7373/(714)545-8883 (Fax) DATE: 10-26-2011 REV. 6: 01-22-2014 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO.TOTAL SHEETS 8 — RI V 91 3.6 1 3 1.-^ 1011 19 r7-1 V L 10 EXHIBIT D2 PARCEL# TITLE AREA APN 22128-4 TCE 3796 SQ. FT. 102-050-013 & 018 , ROUTE 91 RIVERSIDE F REE WA y .4i POB T ; 4 S76°15,55„E 1 83. 13' 9 p_�1 0 A 5'34" _ R=15 09' C4 �,� 20 ,q,15000 0' L5" ;.t� PROPOSED R/W C�300.89, R —11� •■5��11,1114,� ` L 1 0 ��.� L8 9 ���I/'L 1 • N75° S80' 32'5411E 1 71 .86' �99 24"55 W 741.51, L7 `0 � � — L5 4 6 22128-4 L6 '� 102-050-006 2005-035081 1 O.R. , DOC. NO. , POR ., LOT A POR ., LOT A TRACT NO, 585 TRACT NO, 595 ma 4 7/ J 0 - 1 ';• 99 M EI ' 7/ / 1 0 - 14 °G> N LINE TABLE RADIAL TABLE L5 - N80a32'54"W 44.29' L6 - S09 27 06 W 7.50 R1-N13°44'54"E L7 - N80°32'54"W 34.56' R2 -S1 1 ° 1 1 '0111W L8 -- N72° 1 5'43"W 89.84' L9 - 572°03'52"E 42.01' LEGEND L10 - S80°32'54"E 13.44' (R) Indicates Radial Bearing TPOB True Point of Beginning L11 - S09°27'06"W 3.75' CURVE TABLE POB Point of Beginning C4 - R=1943.06' L= 12.22' 0=00°21137" ( ). Title to State C5 - R= 301.75' L= 37.46' A=07°06'45" MI I I I Access Prohibited C6 - R= 287.20' L= 42.53' 0=08°29'03" NOTES 22128-4 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain TEMPORARY CONSTRUCTION EASEMENT ground distances. All distances are. feet unless otherwise noted. I IIin FEET 0 25 50 100 150 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santo Ana, California 92707 (714)751-73734714)545-8883 (Fax/ DATE: 10-26-2011 REV. 6: 01-22-2014 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO.TOTAL SHEETS 8 r. rvu°r�YR I VT 34-n91r en 3.6 2 3 1—/%1 L. EXHIBIT D2 • • PARCEL# TITLE AREA APN 22128-4 TCE 3796 S0. FT. 102-050-013 & 018 CURVE TABLE C1 - R=1 500.00' C3 - R= 783.69' C6 - R= 287.20' C8 - R= 791.90' ��1 �) 1 PROPOSED al..■ L 9 �ailliinn - L8 N75° L= 40.65' 0=01 °33'10" R L= 50.02' 0=03° 39'24" OTE L= 42.53' 0=08°29'03" L= 36.42' A=02°38'05" p 4=22045,34„ q 3 2p" R;15poe 1500, 00 , R/W 00, L 1 0 I.t i L L 1 1 S80`32154"E 171.86' 29'55 W 141.51' 9 J RIVER SIDE FRE-Eye, Ay P250—L1 N1,q°-Og'SSrE (R_� e 7R' T 9 l0, 90 7)'i7 _ L=5g 1306. 89 5, 8q � co i/ Q i , C7 L C8 L 7 i, C3 C 2 22128-4 L6 (ti l • :-`^ ^o l - co� o'� oo • 0 N99 DOC. NO. 2005-035081 1 , O.R. �g . `°� 00 �� l TRAol No, 5E35 fr, ct � cr ¢ __. M8 47//Jo-14 l n it ww ,llw l _Low cc !'� : V O a" l ,ro !..0 _14..1 Lei C0 ^ CO " LoN in,_ OM pM l v,_ N,.._ 0 o - 102-050-006 0 n - to ^ l ,-. - o0 zz z PDR , LoT A 9`7j z z l z N TRAGT No, 5 35 '0,>- l zz M2 'f7./1 o - J 'f � l pof� l TD�"�� \ RADIAL TABLE � !OR r-1 p , ii R1 - N13 44 54 E A-) Jr LINE TABLE l 1 u!Mr��jT 3 1/1') LEGEND L1 - S76° 1 5'55"E 1 83.1 3' 2/, L5 - N80°32154"W 44.29' (R) Indicates Radial Bearing TPOB True Point of Beginning POB Point of Beginning L6 - S09o27'06"W 7.50' L8 - N72L7 - N80°32'54 ;W 34.56 °15�43 W 89.84' L9 - 572 03 52 E 42.01 ( ) Title to State L10 - S80°32'54"E 13.44' i i I I Access Prohibited L11 - S09°27'06"W 3.75' NOTES 22128-4 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain TEMPORARY CONSTRUCTION EASEMENT ground distances. All distances are in feet unless otherwise noted. FEET 0 25 50 100 150 PREPARED BY: PSOMAS Hutton Santo Ano, Centre Ca irniVeSte. 200 (714)751-73734714)545-8883 (Fax) DATE: 0-26-2011 REV. 6: 01-22-2014 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 , R 1 V 91 3. 6 3 3 " 3 6 " 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 P S O M A S E X H I B I T ` E 1 ' L E G A L D E S C R I P T I O N C a l t r a n s P a r c e l N o . 2 2 1 2 8 - 5 T e m p o r a r y C o n s t r u c t i o n E a s e m e n t A P N 1 0 2 - 0 5 0 - 0 0 2 a n d 0 1 4 I n t h e C o u n t y o f R i v e r s i d e , S t a t e o f C a l i f o r n i a , b e i n g a p o r t i o n o f t h e l a n d d e s c r i b e d i n t h e d e e d r e c o r d e d M a y 3 , 2 0 0 5 a s D o c u m e n t N o . 2 0 0 5 - 0 3 5 0 8 1 1 o f O f f i c i a l R e c o r d s o f s a i d C o u n t y , d e s c r i b e d a s f o l l o w s : B e g i n n i n g a t t h e m o s t s o u t h e r l y c o m e r o f s a i d l a n d ; t h e n c e N o r t h 4 9 � 3 2 ' 4 6 " W e s t 1 5 0 . 6 9 f e e t a l o n g t h e s o u t h w e s t e r l y l i n e o f s a i d l a n d t o a p o i n t t h e r e o n , s a i d p o i n t b e i n g t h e T r u e " " 1 4 1 5 1 6 1 7 1 8 1 9 2 0 2 1 2 2 2 3 2 4 2 5 2 6 2 7 2 8 2 9 3 0 3 1 P o i n t o f B e g i n n i n g ; t h e n c e N o r t h 4 9 � 3 2 ' 4 6 " W e s t 1 1 1 . 2 1 f e e t c o n t i n u i n g a l o n g s a i d s o u t h w e s t e r l y l i n e t o a p o i n t t h e r e o n ; t h e n c e N o r t h 4 0 � 2 7 ' 1 4 " E a s t 1 0 . 0 0 f e e t ; t h e n c e S o u t h 4 9 � 3 2 ' 4 6 " E a s t 1 1 1 . 2 1 f e e t ; t h e n c e S o u t h 4 0 � 2 7 ' 1 4 " W e s t 1 0 . 0 0 f e e t t o t h e T r u e P o i n t o f B e g i n n i n g . C o n t a i n i n g 1 , 1 1 2 s q u a r e f e e t . S e e E x h i b i t ` E 2 ' a t t a c h e d h e r e t o a n d m a d e a p a r t h e r e o f . T h e d i s t a n c e s d e s c r i b e d h e r e i n a r e g r i d d i s t a n c e s a n d a r e b a s e d o n C a l i f o r n i a C o o r d i n a t e S y s t e m o f 1 9 8 3 , Z o n e 6 , 2 0 0 7 . 0 0 e p o c h . G r o u n d d i s t a n c e s m a y b e o b t a i n e d b y d i v i d i n g g r i d d i s t a n c e s b y t h e m e a n c o m b i n a t i o n f a c t o r o f t h e c o u r s e s b e i n g d e s c r i b e d . T h e m e a n c o m b i n a t i o n f a c t o r f o r t h i s c o n v e r s i o n i s 0 . 9 9 9 9 7 4 7 6 . P r e p a r e d u n d e r t h e d i r e c t i o n o f B r i a n E . B u l l o c k , P L S 5 2 6 0 D a t e P A 2 P T G 0 1 0 5 0 1 \ S U R V E Y \ L E G A L S \ 2 2 1 2 8 _ A P N 1 0 2 - 0 5 0 - 0 0 2 , 0 1 3 , 0 1 4 , 0 1 6 , 0 1 8 \ L . e g a l s \ 2 2 1 2 8 - 5 _ T C E . d o c 1 / 2 2 / 2 0 1 4 P a g e 1 o f 1 E X H I B I T A 7 P A G E 2 1 " 3 8 EXHIBIT E2 PARCEL# TITLE AREA A P N 22128-5 TCE 1112 SO. FT. 102-050-002 & 014 ROUTE 91 RIVERSIDE FREEWAY 8 9 180 1 2 3 4 185 6 7 8 9 190 1 ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING EXISTING R/W ��t _ = _ _ _ a.'(sq� �-- ` L 1 — R�7So9S-3OO 9 ����s �C i /\ 102-050-005 . --=---5'89' (��� \/ e) 0 �1 _-----=--=s- s POR ,rL071�j1 j\� r R.rr_ A .11 Q� N99O 3 m51 2l l cp 96 i ° p'2a' E Ali' N36 3 R POR , LOT A L TRACT NO, 2525 9 221 28- 5 r, O N MJ V/ J 0- 1, 9� � Q . 0,,,\\ � ,, ; `; 00 SEE SHEET 2/,! 102-050-006 FOR DETAIL c� DOC. NO. 202,5- POR, LOT A 0350811, O.R/.0 TRA OT No, 525 �', M8 7// 1 0- 1 't � Ov OS O O> c3 RADIAL TABLE J fit', T -� ROB Q. �/ W p R1 - N13°44'54"E LEGEND LINE TABLE (R) Indicates Radial Bearing TPOB True Point of Beginning POB Point of Beginning L1 - 576°15'55"E 183.13' L2 - 509°26'34"W 109.00' °28'23"W ( ) Title to State L3 - 501 151 .46' ) I 1 I l Access Prohibited L4 - S23°45'26"E 63.51' NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain 2 2 1 2 8- 5 TEMPORARY CONSTRUCTION EASEMENT ground distances. All distances are in feet unless otherwise noted. i FEET 0 100 200 400 600 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Sonto 92707 (714)751n 7373/C7Col014)545-8883 (Fax) DATE: 02-12-2013 REV. 1: 01-22-2014 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 2m 91 ^- 3.7 1 2 AI'Y M 17i; YHI� EXHIBIT E2 PARCEL# TITLE AREA A P N 22128-5 TCE 1112 SQ. FT. 102-050-002 & 014 4 FOR, TOMAS YORAA e/ ALLOTMENT \ M8 2/ J \ ___ ___ ___ ___ ___ ___ ___ — 1 k9 I • DOC. NO. 2005-035081 1, O.R. ' i ti9 WID oo �). FOR, LOT A l M o 4 vARI'FS 7,0 N 'Tr�r�CT �l0 , 25�35 0- F M8 ';I/JO�-1'r / N / o 77 Jcp' / CC ,°2796 } I I H O O CC // 22128-� / u z / V90, ,�°27 , cc(J) / 2 9 s90 0 / w w m J I FpR ,I LOT A TRACT;NO „ 2525 M8 27i10-J4 uo T °II 0019 .`L t o / '� �. i 7S I o 6 I .9 J, 9 Q Q a r0 o CC No.; W � o cn � I 102-050-006 °O>' 44' 44 ,„,- POB LEGEND (R) Indicates Radial Bearing TPOB True Point of Beginning POB Point of Beginning ( ) Title to State I I I I ( Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain 2 2 1 2 8- 5 TEMPORARY CONSTRUCTION EASEMENT ground distances. All distances are in feet unless otherwise noted. I 'mum' , FEET 0 25 50 100 150 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santa Ana, California 92707 (710751-7373/(714)5AS-0BU (Fox) DATE: 02-12-13 REV. 1: 01-22-2014 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 -.- - -.,� dL1 - - - -- 3.6 2 2 " " " 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 2 0 2 1 2 2 2 3 2 4 2 5 2 6 2 7 2 8 2 9 3 0 3 1 P S o M A S E X H I B I T ` F r L E G A L D E S C R I P T I O N C a l t r a n s P a r c e l N o . 2 2 1 2 8 - 6 T e m p o r a r y C o n s t r u c t i o n E a s e m e n t A P N 1 0 2 - 0 5 0 - 0 0 2 a n d 0 1 0 I n t h e C o u n t y o f R i v e r s i d e , S t a t e o f C a l i f o r n i a , b e i n g a p o r t i o n o f t h e l a n d d e s c r i b e d i n t h e d e e d r e c o r d e d M a y 3 , 2 0 0 5 a s D o c u m e n t N o . 2 0 0 5 - 0 3 5 0 8 1 1 o f O f f i c i a l R e c o r d s o f s a i d C o u n t y , d e s c r i b e d a s f o l l o w s : B e g i n n i n g a t t h e m o s t s o u t h e r l y c o r n e r o f s a i d l a n d ; t h e n c e N o r t h 4 9 � 3 2 ' 4 6 " W e s t 1 2 . 0 8 f e e t a l o n g t h e s o u t h w e s t e r l y l i n e o f s a i d l a n d t o a p o i n t t h e r e o n , s a i d p o i n t b e i n g t h e T r u e P o i n t o f B e g i n n i n g ; t h e n c e N o r t h 4 9 � 3 2 ' 4 6 " W e s t 1 5 . 2 3 f e e t c o n t i n u i n g a l o n g s a i d l i n e t o a p o i n t t h e r e o n ; t h e n c e N o r t h 0 9 � 2 6 ' 4 7 " E a s t 6 7 . 1 5 f e e t ; t h e n c e N o r t h 8 0 � 3 3 ' 1 3 " W e s t 1 9 . 6 1 f e e t ; t h e n c e N o r t h 1 8 � 2 0 ' 4 9 " E a s t 6 1 . 2 2 f e e t ; t h e n c e S o u t h 6 9 � 4 2 ' 5 3 " E a s t 3 . 7 3 f e e t ; t h e n c e N o r t h 2 0 � 1 7 ' 0 7 " E a s t 5 8 . 0 2 f e e t t o t h e b e g i n n i n g o f a c u r v e c o n c a v e w e s t e r l y h a v i n g a r a d i u s o f 6 4 . 4 5 f e e t ; t h e n c e n o r t h e r l y a l o n g s a i d c u r v e 7 0 . 6 4 f e e t t h r o u g h a c e n t r a l a n g l e o f 6 2 � 4 8 ' 1 3 " ; t h e n c e N o r t h 4 7 � 2 8 ' 5 4 " E a s t 1 7 . 9 7 f e e t t o a p o i n t o n t h e g e n e r a l e a s t e r l y l i n e o f s a i d l a n d ; t h e n c e a l o n g s a i d g e n e r a l e a s t e r l y l i n e t h e f o l l o w i n g t w o ( 2 ) c o u r s e s : 1 ) S o u t h 2 3 � 4 5 ' 2 6 " E a s t 1 9 . 1 4 f e e t a n d 2 ) S o u t h 0 1 � 2 8 ' 2 3 " W e s t 8 6 . 4 2 f e e t ; t h e n c e S o u t h 0 9 � 5 5 ' 2 6 " W e s t 1 1 2 . 9 9 f e e t ; t h e n c e S o u t h 0 9 � 2 7 ' 3 5 " W e s t 3 5 . 9 4 f e e t t o t h e b e g i n n i n g o f a c u r v e c o n c a v e w e s t e r l y h a v i n g a r a d i u s o f 4 4 6 . 0 0 f e e t ; t h e n c e s o u t h e r l y a l o n g s a i d c u r v e 1 8 . 2 7 f e e t t h r o u g h a c e n t r a l a n g l e o f 0 2 � 2 0 ' 4 8 " t o t h e T r u e P o i n t o f B e g i n n i n g . C o n t a i n i n g 4 , 0 9 8 s q u a r e f e e t . S e e E x h i b i t ` F 2 ' a t t a c h e d h e r e t o a n d m a d e a p a r t h e r e o f . P A 2 P T G 0 1 0 5 0 1 \ S U R V E Y \ L E G A L S \ 2 2 1 2 8 _ A P N 1 0 2 - 0 5 0 - 0 0 2 , 0 1 3 , 0 1 4 , 0 1 6 , 0 1 8 \ L e g a l s \ 2 2 1 2 8 - 6 _ T C E . d o c 1 / 2 2 / 2 0 1 4 P a g e 1 o f 2 E X H I B I T i 1 P A G E 2 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 . 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS oMAS The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. Prepared under the direction of ,72?&//,' 1-22-4 Brian E. Bullock, PLS 5260 Date PA2PTG010501\SURVEY \LEGALS122128_APN 102-050-002, 013,014,016,018\Legals122128-6_TCE.doc 1/22/2014 Page 2 of 2 EXHIBIT A IDAGE 25 EXHIBIT F2 PARCEL# TITLE AREA A P N 22128-6 TCE 4098 SO. FT. 102-050-002 & 010 ROUTE 91 RIVERSIDE 8 9 FREEWAY 180 1 2 3 4 185 6 7 8 9 190 1 ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING EXISTING R/W �, s ' `� �sq� L 1 4^22°45, e\S `(:)(, : R,1900. 34 Vr , 1\ 00, 102-050-005 - 1=---_______r--=- -- - 84 7. \,,, 0 Sip ,� FOR, TOM �r R8A QRoQo 99 ALLOTMENT I �- I ME 2 / / 96 "� I N3 °° -56 FOR, LOT A � ----_ I 25 TRACT/ f NO, 2 9 �22128-6 i \c NJ8 r 7/ 1 D- 1 .7 I" �' 1 O �cc 1 02-050-006 1 , " 1� w DOC. NO. 20�5- FOR, LOT A 035081 1 , O.R TRACT NO „ 2505 M8 z1-7/ 1 O- J -4 SEE SHEET I -J o co 2- �.s2- FOR DETAIL RADIAL TABLE _____- R1 - N13°44'54"E LINE TABLE LEGEND L1 - S76o15'S5 E 183.13' (R) Indicates Radial Bearing POB Point of Beginning L2 - S09 26"34"W 109.00' °28'23"W ( ) Title to State L3 - S01 1 51 .46' 1 l 1 (i Access Prohibited L4 - S23°45'26"E 63.51' NOTES 2 2 1 2 8- 6 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain TEMPORARY CONSTRUCTION EASEMENT ground distances. All distances are in feet unless otherwise noted. I FEET 0 100 200 400 600 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Sonf Ano, 73/(714)54 927087) (714 751-7373/(714)545-883 (Fox DATE: 01-22-2014 REV.: EA: OF540 FAit: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 RI 1 IV 41 91 3.7 1 2 cArIIOI I F1'Y'Hl7C L EXHIBIT F2 PARCEL# TITLE AREA A P N 22128-6 TCE 4098 SO. FT. 102-050-002 & 010 Ill LINE TABLE L5 — N49°32'46"W 12.08' L6 — N49° 32'46"W 1 L7 — N09 26`47' E 67.1 L8 — N80°33'13"W 19.61' L9 — N1 8°20'49"E 61 L10 — S69°42`53"E 3.73' L11 — N20°17'07"E 58.02' L12 — N47°28'54"E 17.97' L13 — S23°45'26HE 19.14' L14 — 509°27'35"W 35.94' DOC. NO. TRADT N. / 5.23' FOR., Jet/ 5 TOMAS YORBA N./<� Al I OTIVJPINT �i ki.' .22' MEI ,/ l � 2005-035081 1 , O.R. T J FOR, LOT A 0.) NO. 2595 L10 � N MS 'f /71 O -- 14 - \ N co S23°g5'26"E 63.51' � v . - ro N 0 N v ° � O Ln E WIDTH VARIEs � 0 i o Q O o / 114 990 (221 28-6 —' N z co / F6R TRACT, It/J 1 32 ., LOT A NO., 5 35 ' l 1 0 1 't , 96 ry \ L8 J g9 *0?, Ln in rn vv)) •Kr J � In u U.1 � •sr , 0 L0 Nc1- ° O CT)'- O in J C.), Ur) 0 w Cn I 102-050-006 k 4l 4q• TPOB 44' 1 " POB RADIAL TABLE LEGEND R1 — N47°28'54"E v'i (R) Indicates Radial Bearing TPOB True Point of Beginning R2 — 578° 1 1 '37"E CURVE TABLE POB Point of Beginning ° C1 — R= 64.45' L=70.64 A=62°48'13 ( ) Title to State (() Access Prohibited C2 — R=446.00 L=1 8.27 A=02 20 48 NOTES 22128-6 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain TEMPORARY CONSTRUCTION EASEMENT ground distances. All distances are in feet unless otherwise noted. i I FEET 0 25 50 100 150 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santo Ano, Colifornia 92707 (714)751-7373/(714)545-8883(Fox) DATE: 01-22-2014 REV.: EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 r„RIVT����91 �,� 3.6 2 2 SERFAS SERVICE STATION, INC. 102-050-002, 010, 013, 014, 018 NIMMIMINIMINRI FEE 12,240 SF mmliiillimmmomonsi PWFE (PERMANENT WALL FOOTING) 3,675 SF iimoniiimmismniiis TCE (TEMPORARY CONSTRUCTION) 9,006 SF ATTACHMENT 2 RESOLUTION NO. 14-017 RESOLUTION OF NECESSITY FOR THE ACQUISITION OF FEE, TEMPORARY CONSTRUCTION EASEMENT, BUILDING DEMOLITION EASEMENT, AND BUILDING ACCESS EASEMENT INTERESTS IN CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NO. 118-330-009, LOCATED IN CORONA, RIVERSIDE COUNTY, CALIFORNIA, FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT, WHICH COVERS THE AREA BETWEEN PIERCE STREET ON THE EAST TO THE COUNTY LINE ON THE WEST, IN RIVERSIDE COUNTY, CALIFORNIA WHEREAS, the Riverside County Transportation Commission (the Commission) proposes to acquire fee, temporary construction easement, building demolition easement, and building access easement interests in certain real property, located in Riverside County, California, more particularly described as Assessor Parcel No. 118-330-009 (Caltrans Parcel Nos. 22175-1, 22175-2, 22175-3, 22175-4, 22175-5, and 22175-6), for the State Route 91 Corridor Improvement Project in Riverside County, California, pursuant to the authority granted to it by section 130220.5 of the California Public Utilities Code; and • • WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the Commission scheduled a public hearing for Wednesday, May 14, 2014 at 9:30 a.m., at the County Administration Building, Board of Supervisors Chambers, at 4080 Lemon Street, Riverside, California, and gave to each person whose property is to be acquired and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in section 1240.030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by the Commission, and the affected property owner and other interested parties were afforded an opportunity to be heard on said matters; and WHEREAS, the Commission may now adopt a Resolution of Necessity pursuant to section 1240.040 of the California Code of Civil Procedure; NOW, THEREFORE, THE COMMISSION DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS: Section 1. Compliance with California Code of Civil Procedure. There has been compliance by the Commission with the requirements of section 1245.235 of the California Code of Civil Procedure regarding notice and hearing. 46 Section 2. Public Use. The public use for the fee, temporary construction easement, building demolition easement, and building access easement interests in the property to be acquired is for the SR-91 CIP in Riverside County, California. Section 130220.5 of the California Public Utilities Code authorizes the Commission to acquire, by eminent domain, property necessary for such purposes. Section 3. Description of Property. Attached and marked as Exhibit "A" are the legal definitions, legal descriptions, and/or plat maps of the portions of the parcel upon which the fee, temporary construction easement, building demolition easement; and building access easement interests to be acquired by the Commission are located, and which describe the general location and extent of the property with sufficient detail for reasonable identification. Section 4. Findings. The Commission hereby finds and determines each of the following: (a) The public interest and necessity require the proposed project; (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The property defined, described and/or depicted in Exhibit "A" is necessary for the proposed project; and (d) The offer required by section 7267.2 of the California Government Code was made. Section 5. Use Not Unreasonably Interfering with Existing Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights of way appropriated to existing public uses. The legal descriptions of these easements and rights of way are on file with the Commission and describe the general location and extent of the easements and rights of way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the Commission is authorized to acquire the herein described interest subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure. Section 6. More Necessary Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights of way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the Commission finds and determines that the herein described use or uses are • 47 " m o r e n e c e s s a r y t h a n s a i d e x i s t i n g p u b l i c u s e . C o u n s e l f o r t h e C o m m i s s i o n i s a u t h o r i z e d t o a c q u i r e t h e h e r e i n d e s c r i b e d r e a l p r o p e r t y a p p r o p r i a t e d t o s u c h e x i s t i n g p u b l i c u s e s p u r s u a n t t o s e c t i o n 1 2 4 0 . 6 1 0 o f t h e C a l i f o r n i a C o d e o f C i v i l P r o c e d u r e . S t a f f i s f u r t h e r a u t h o r i z e d t o m a k e s u c h i m p r o v e m e n t s t o t h e a f f e c t e d r e a l p r o p e r t y t h a t i t d e t e r m i n e s a r e r e a s o n a b l y n e c e s s a r y t o m i t i g a t e a n y a d v e r s e i m p a c t u p o n t h e e x i s t i n g p u b l i c u s e . S e c t i o n 7 . F u r t h e r A c t i v i t i e s . C o u n s e l f o r t h e C o m m i s s i o n i s h e r e b y a u t h o r i z e d t o a c q u i r e t h e h e r e i n a b o v e d e s c r i b e d r e a l p r o p e r t y i n t h e n a m e o f a n d o n b e h a l f o f t h e C o m m i s s i o n b y e m i n e n t d o m a i n , a n d c o u n s e l i s a u t h o r i z e d t o i n s t i t u t e a n d p r o s e c u t e s u c h l e g a l p r o c e e d i n g s a s m a y b e r e q u i r e d i n c o n n e c t i o n t h e r e w i t h . C o u n s e l i s f u r t h e r a u t h o r i z e d t o t a k e s u c h s t e p s a s m a y b e a u t h o r i z e d a n d r e q u i r e d b y l a w , a n d t o m a k e s u c h s e c u r i t y d e p o s i t s a s m a y b e r e q u i r e d b y o r d e r o f c o u r t , t o p e r m i t t h e C o m m i s s i o n t o t a k e p o s s e s s i o n o f a n d u s e s a i d r e a l p r o p e r t y a t t h e e a r l i e s t p o s s i b l e t i m e . C o u n s e l i s f u r t h e r a u t h o r i z e d t o c o r r e c t a n y e r r o r s o r t o m a k e o r a g r e e t o n o n - m a t e r i a l c h a n g e s i n t h e l e g a l d e s c r i p t i o n o f t h e r e a l p r o p e r t y t h a t a r e d e e m e d n e c e s s a r y f o r t h e c o n d u c t o f t h e c o n d e m n a t i o n a c t i o n , o r o t h e r p r o c e e d i n g s o r t r a n s a c t i o n s r e q u i r e d t o a c q u i r e t h e s u b j e c t r e a l p r o p e r t y . C o u n s e l i s f u r t h e r a u t h o r i z e d t o r e d u c e o r m o d i f y t h e e x t e n t o f t h e i n t e r e s t s o r p r o p e r t y t o b e a c q u i r e d s o a s t o r e d u c e t h e c o m p e n s a t i o n p a y a b l e i n t h e a c t i o n w h e r e s u c h c h a n g e w o u l d n o t s u b s t a n t i a l l y i m p a i r t h e c o n s t r u c t i o n a n d o p e r a t i o n f o r t h e p r o j e c t f o r w h i c h t h e r e a l p r o p e r t y i s b e i n g a c q u i r e d . " " S e c t i o n 8 . E f f e c t i v e D a t e . T h i s R e s o l u t i o n s h a l l t a k e e f f e c t u p o n a d o p t i o n . A P P R O V E D A N D A D O P T E D t h i s 1 4 t h d a y o f M a y , 2 0 1 4 . M a r i o n A s h l e y , C h a i r R i v e r s i d e C o u n t y T r a n s p o r t a t i o n C o m m i s s i o n A T T E S T : J e n n i f e r H a r m o n , C l e r k o f t h e B o a r d R i v e r s i d e C o u n t y T r a n s p o r t a t i o n C o m m i s s i o n 4 8 " 4 9 " " L e g a l D e f i n i t i o n s o f P r o p e r t y t o b e A c q u i r e d T h e f o l l o w i n g i s a l i s t o f d e f i n i t i o n s o f l e g a l r i g h t s t o b e a c q u i r e d b y R i v e r s i d e C o u n t y T r a n s p o r t a t i o n C o m m i s s i o n : ( T h e r i g h t s b e i n g a c q u i r e d m a y b e e x e r c i s e d m u t u a l l y e x c l u s i v e o f e a c h o t h e r . ) " F e e " a l s o k n o w n a s f e e s i m p l e o r f e e s i m p l e a b s o l u t e , g r a n t s t o R C T C , a b s o l u t e o w n e r s h i p o f t h e p r o p e r t y . " T e m p o r a r y C o n s t r u c t i o n E a s e m e n t " ( T C E ) r e f e r s t o t h e r i g h t o f R C T C , i t s s u c c e s s o r s a n d a s s i g n s , t o e n g a g e i n c o n s t r u c t i o n a n d r e l a t e d a c t i v i t i e s f o r t h e p r o j e c t . W i t h r e s p e c t t o C P N 2 2 1 7 5 - 2 , s u c h r i g h t s h a l l b e e x e r c i s e d f o r a p e r i o d o f 1 2 c o n s e c u t i v e m o n t h s , b e g i n n i n g n o f e w e r t h a n 7 2 h o u r s a f t e r t h e d a t e t h a t R C T C p r o v i d e s w r i t t e n n o t i c e o f c o m m e n c e m e n t o f p o s s e s s i o n t o t h e p r o p e r t y o w n e r . C P I s 2 2 . ' 7 5 - 5 a n d _ 2 2 1 7 5 - A , e u c h r i g h t s _ g h a l l h e e x e r c i s e d f o r a p e r i n d o f 6 c o n s e c u t i v e m o n t h s , b e g i n n i n g n o f e w e r t h a n 7 2 h o u r s a f t e r t h e d a t e t h a t R C T C p r o v i d e s w r i t t e n n o t i c e o f c o m m e n c e m e n t o f p o s s e s s i o n t o t h e p r o p e r t y o w n e r . T h e d u r a t i o n o f t h e r i g h t s u n d e r t h i s e a s e m e n t s h a l l n o t e x t e n d b e y o n d N o v e m b e r 6 , 2 0 1 7 , o r u p o n f i l i n g o f a N o t i c e o f C o m p l e t i o n , w h i c h e v e r i s e a r l i e r . P r o p e r t y O w n e r s h a l l n o t c a u s e , d i r e c t l y , i n d i r e c t l y o r n e g l i g e n t l y , a n y i n t e r f e r e n c e w i t h o r h a r m t o t h e r i g h t s c o n v e y e d h e r e u n d e r . " B u i l d i n g D e m o l i t i o n E a s e m e n t " r e f e r s t o a n e x c l u s i v e t e m p o r a r y e a s e m e n t a n d r i g h t o f w a y i n f a v o r o f R C T C , i t s s u c c e s s o r s a n d a s s i g n s , f o r t h e p u r p o s e o f d e m o l i t i o n , c o n s t r u c t i o n , r e c o n s t r u c t i o n , a n d r e p a i r o f t h e b u i l d i n g a n d i m p r o v e m e n t s l o c a t e d t h e r e i n , t o g e t h e r w i t h a l l n e c e s s a r y r i g h t s i n c i d e n t a l t h e r e t o . P r o p e r t y O w n e r s h a l l n o t e r e c t o r c o n s t r u c t , o r p e r m i t t o b e e r e c t e d o r c o n s t r u c t e d , a n y b u i l d i n g , s t r u c t u r e o r i m p r o v e m e n t o n , o v e r , o r u n d e r a n y p o r t i o n o f t h e e a s e m e n t , o r p l a n t t r e e s o r a n y o t h e r v e g e t a t i o n o n a n y p o r t i o n o f t h e e a s e m e n t e x c e p t w i t h t h e p r i o r w r i t t e n c o n s e n t o f R C T C , i t s s u c c e s s o r s a n d a s s i g n s . R C T C s h a l l h a v e t h e r i g h t t o t r i m , c u t o r c l e a r a w a y a n y t r e e s , b r u s h , o r o t h e r v e g e t a t i o n f r o m t i m e t o t i m e a s d e t e r m i n e d i n i t s s o l e d i s c r e t i o n , w i t h o u t p a y m e n t o f a d d i t i o n a l c o m p e n s a t i o n . 1 7 3 3 6 . 0 2 1 0 0 \ 8 7 6 2 7 8 1 . 1 E X H I B I T P A G E 1 No other easements shall be granted on, under or over the easement without the prior written consent of RCTC, its successors and assigns. Such right shall be exercised for a period of 6 consecutive months, beginning no fewer than 72 hours after the date that RCTC provides written notice of commencement of possession to the property owner. The duration of the rights under this easement shall not extend beyond November 6, 2017, or upon filing of a Notice of Completion, whichever is earlier. Property Owner shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder. "Building Access Easement" refers to a non-exclusive temporary easement and right of way in favor of RCTC, its successors and assigns, to use the area to disconnect and tie-in to the existing structure, utilities and mechanical systems, for inspection purposes, and to traverse an access way to access RCTC owned facilities and/or construction site, as determined necessary by RCTC, together with all necessary rights incidental thereto, on, over, under and across the property in connection with the exercise of any easement rights described herein. Property Owner shall not erect or construct, or permit to be erected or constructed, any building, structure or improvement on, over, or under any portion of the easement, or plant trees or any other vegetation on any portion of the easement except with the prior written consent of RCTC, its successors and assigns. No other easements shall be granted on, under or over the easement without the prior written consent of RCTC, its successors and assigns. Such right shall be exercised for a period of 6 consecutive months, beginning no fewer than 72 hours after the date that RCTC provides written notice of commencement of possession to the property owner. The duration of the rights under this easement shall not extend beyond November 6, 2017, or upon filing of a Notice of Completion, whichever is earlier. Property Owner shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder. 17336.02100\8762781.1 EXHIBIT PAGE 2 " 2 3 4 5 6 7 8 . 9 1 0 1 2 1 3 P S O M A S E X H I B I T ` A l ' L E G A L D E S C R I P T I O N C a l m n s P a r c e l N o . 2 2 1 7 5 - 1 F e e A c q u i s i t i o n A P N 1 1 8 - 3 3 0 - 0 0 9 I n t h e C i t y o f C o r o n a , C o u n t y o f R i v e r s i d e , S t a t e o f C a l i f o r n i a , b e i n g a p o r t i o n o f P a r c e l 1 a t s h o w n o n t h a t c e r t a i n P a r c e l M a p f i l e d i n B o o k 4 0 , P a g e s 6 5 a n d 6 6 o f P a r c e l M a p s , R e c o r d s o f R i v e r s i d e C o u n t y , C a l i f o r n i a , d e s c r i b e d a s f o l l o w s : B e g i n n i n g a t t h e s o u t h w e s t e r l y c o m e r o f s a i d P a r c e l 1 ; t h e n c e a l o n g t h e w e s t e r l y l i n e o f s a i d P a r c e l 1 , N o r t h 0 7 � 5 9 ' 0 8 " E a s t 2 9 . 1 8 f e e t t o t h e b e g i n n i n g o f a n o n - t a n g e n t c u r v e , " " 1 4 1 5 1 6 1 7 1 , 8 - 1 9 2 0 . 2 1 2 2 2 4 2 5 2 6 2 7 2 8 2 9 3 0 3 1 c o n c a v e s o u t h e r l y , h a v i n g a r a d i u s o f 5 , 1 7 2 . 0 0 f e e t , a r a d i a l h n e t o s a i d b e g h i n i n g b e a r s N o r t h 0 7 � 5 0 ' 4 8 " W e s t t h e n c e l e a . v i i i g s a i d - w e s t e r l y l i n e , a n d t r a y e l i n g e a s t e r l y 1 9 6 . 5 3 f e e t a l o n g s a i d c u r v e , t h r o u g h : a c e n t r a l a n g l e o f 0 2 � 1 0 ' 3 8 " t o a . p o i n t o n t h e e a s t e r l y l i n e : o f s a i d P a r c e l 1 , d i s t a n t t h e r e o n 3 0 . 1 2 f e e t f r o m t h e s o u t h e a s t e r l y c o m e r t h e r e o f ; t h e n c e a l o n g s a i d e a s t e r l y l i n e a n d t h e s o u t h e r l y l i n e o f s a i d P a r c e l 1 , l i i e f o l l o w i n g t h r e e ( 3 ) c o u r s e s , : 1 . S o u t h 0 7 � 5 8 ' 3 6 ' W e s t 3 0 . 1 2 f e e t t o a c u r v e c o n c a v e s o u t h e r l y h a v i n g a r a d i u s o f 5 , 1 5 3 . 0 0 f e e t , a r a d i a l l i n e t o s a i d c a r v e b e a r s N o r t h 0 5 � 3 8 ' 0 3 " W e s t ; 2 . W e s t e r l y 1 7 2 . 8 8 f e e t a l o n g s a i d c u r v e t h r o u g h a c e n t r a l a n g l e o f 0 1 � 5 5 ' 2 0 " t o t h e b e g i n n i n g o f a r e v e r s e c u r v e , c o n c a v e n o r t h e r l y , h a v i n g a r a d i u s o f 3 6 6 . 0 0 f e e t ; 3 . W e s t e r l y 2 3 . 4 2 f e e t a l o n g s a i d c u r v e , t h r o u g h a c e n t r a l a n g l e o f 0 3 � 3 9 ' 5 7 " t o t h e s o u t h w e s t e r l y c o r n e r o f s a i d P a r c e l 1 a n d t h e P o i n t o f 1 3 e g i n n i n g . C o n t a i n s 5 , 7 0 8 s q u a r e f e e t M : \ 2 P T G 0 1 0 5 0 1 \ S T _ T R V E Y \ L E G A L S \ 2 2 1 7 5 _ A P N _ 1 1 8 - 3 3 0 - 0 0 9 \ L e g a l \ 2 2 1 7 5 - 1 . d o c x P a g e 1 o f 2 1 1 / 2 1 / 1 3 . E X H I B I T P A G E 3 PSOMAS 1 2 The distances described herein are grid distances and are based on California Coordinate 3 i System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing 4 grid distances by the mean combination factor of the courses being described; The mean 5 combination factor for this conversion is 0.99997476. 6 7 See Exhibit `A2' attached hereto and made apart hereof.. 8 9 Prepared under the direction of. 10 11 12 ll 13 144.1011,011�-- 14 Jeremy L. Evans, PLS 5282 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 '6• WI Date 0t.. LAND wN,pL, 4.1;54\ o. n- No. 5282 x' 41' Exp. 12/31/13 ` s. ; 9T CAS\F M:\2PTG010501\SURVEYILEGALS122175_APN_118-330-0091Lega1122175-1.docx Page 2of2 11/21/13 EXHIBIT PAGE 4 EXHIBIT A2 • PARCEL# TITLE GRANTOR AREA APN 22175-1 FEE DVORAK & PAYNE LTD 5,708 SF 118-330-009 CURVE TABLE RADIAL TABLE Cl - A=2°10'38" R=5172.00' L=1.96.53' R1 - 503°53'26"E C2 - A=1 ° 55'20" R=51 53.00' L=1 72.88' R2 - N05° 38'0;3"W C3 - A=3°39'57" R= 366.00' L= 23.42' R3 - N07°50'48"W R4 - N05°40'10"W N8203'23"W r^ 189.99 i LI.NE TABLE L l - N07° 59'08"E 29.1 8' L'2 - S07° 58'3.6"W 30.1 2' 778-320-007J .M CV co p v- • f`- is I F ~ cv 6 . cv I I` . li ) Q q ? P r"I j 778-330-777 w Cr)" to i , 4 I PDI 2 PAR CE1 MAP P.,1V1 , F' i 2-10 / 5 'mo b PDI 3 718 320-008 `-n c) I LIJ ° I 1Co in PCI J,r- 0 1 1 1 Lo , �° AREEI C III 5Ea PR° E� R1� _j S 1 -�� j _ -'1� T� r� Z • IS- 1r11G J INA POM� NI tr ROAD l C3 1391 � VESI ReOX 5IN110INGFDRE E W AY ERSIDE Rill265 RIvv wr R ,iR09Os- )05IF E91 3 E. POUT LEGEND (R) Indicates Radial Bearing POB Point of Beginning ( ) Title to State 1 i 1 I I Access Prohibited NOTES 22175-1. Coordinates and bearings ore on CCS 1983(2007.00) Zone 6. Distances and stationingare grid distances: Divide by 0.9999747.6 to obtain FEE ACQUISITION ground distances. All distances are in feet unless otherwise noted. I �� FEET 0 50 100 200 00 PREPARED BY: PSOMAS 3 Hut -tor. Centre -give, Ste.. 200. Song Ano, C •"forr.ia 92707 1-714) 5,-73731t714)j4S-88E3'(Fm0 DATE: 10-24-2011 REV. 4:11-12-2013 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V (� J 1 5.0 1 1 EXHIBIT f* PAGE 5 " 5 5 " 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 , P S O M A S E X H I B I T B l ' L E G A L D E S C R I P T I O N C a l t r a n s P a r c e l N o . 2 2 1 7 5 - 2 T e m p o r a r y C o n s t r u c t i o n E a s e m e n t A P N 1 1 8 - 3 3 0 - 0 0 9 I n t h e C i t y o f C o r o n a , C o u n t y o f R i v e r s i d e , S t a t e o f C a l i f o r n i a , b e i n g a p o r t i o n o f P a r c e l 1 A S s h o w n o n t h a t c e r t a i n P a r c e l M a p f i l e d i n 1 3 o o k 4 0 , P a g e s 6 5 a n d 6 6 o f P a r c e l M a p s , R e c o r d s o f R i v e r s i d e C o u n t y , C a l i f o r n i a , d e s c r i b e d a s f o l l o w s : B e g i n n i n g a t a p o i n t o n t h e w e s t e r l y l i n e o f s a i d P a r c e l 1 , d i s t a n t t h e r e o n 2 9 . 1 8 f e e t f r o m t h e s o u t h w e s t e r l y c o m e r t h e r e o f ; t h e n c e a l o n g s a i d w e s t e r l y l i n e , N o r t h 0 7 � 5 9 ' 0 8 " E a s t " " 1 4 1 5 1 6 1 7 I S 1 9 2 0 2 1 2 2 2 3 2 4 2 5 2 6 2 7 2 8 2 9 3 0 3 1 , 1 5 . 5 2 f e e t t o t h e b e g i n n i n g o f a n o n - t a n g e n t c u r v e , c o n c a v e s o u t h e r l y , h a v i n g a r a d i u s o f 5 , 1 8 7 . 0 0 f e e t , a m d i a l l i n e t o s a i d b e g i n n i n g b e a u s N o r t h 0 7 ' 4 7 ' 5 9 " W e s t ; t h e n c e l e a v i n g s a i d w e s t e r l y l i n e a n d t r a v e l i n g e a s t e r l y 1 9 6 . 4 9 f e e a l o n g s a i d c u r v e t h r o u g h a c e n t r a l a n g l e o f 0 2 � 1 0 ' 1 4 " t o t h e e a s t e r l y l i n e o f s a i d P a r c e l 1 ; t h e n c e a l o n g s a i d e a s t e r l y l i n e , S o u t h 0 7 ' 5 8 ' 3 6 ' W e s t 1 5 . 4 3 f e e t t o . a p o i n t d i s t a n t t h e r e o n 3 0 , 1 2 f e e t f r o m t h e s o u t h e a s t e r l y c o r n e r o f s a i d P a r c e l 1 , s a i d p o i n t b e i n g t h e b e g i m i i n g o f a n o n - t a n g e n t c u r v e , c o n c a v e s o u t h e r l y , h a v i n g a r a d i u s o f 5 , 1 7 2 . 0 0 f e e t , a r a d i a l l i n e t o s a i d b e g i n n i n g b e a r s N o r t h 0 5 � 4 0 ' 1 0 " 1 ' e s t ; t h e n c e l e a v i n g s a i d e a s t e r l y l i n e a n d t r a v e l i n g w e s t e r l y 1 9 6 . 5 3 f e e t a l o n g s a i d c u r v e t h r o u g h a c e n t r a l a n g l e o f 2 � 1 0 ' 3 8 " t o t h e w e s t e r l y l i n e o f s a i d P a r c e l 1 a n d t h e P o i n t o f B e g i n n i n g . C o n t a i n s 2 , 9 4 8 s q u a r e f e e t T h e d i s t a n c e s d e s c r i b e d h e r e i n a r e g r i d d i s t a n c e s a n d a r e b a s e d o n C a l i f o r n i a C o o r d i n a t e S y s t e m o f 1 9 8 3 , Z o n e 6 , 2 0 0 7 . 0 0 e p o c h . G r o u n d d i s t a n c e s m a y b e o b t a i n e d b y d i v i d i n g g r i d d i s t a n c e s b y t h e m e a n c o m b i n a t i o n f a c t o r o f t h e c o u r s e s b e i n g d e s c r i b e d . T h e m e a n c o m b i n a t i o n f a c t o r f o r t h i s c o n v e r s i o n i s 0 . 9 9 9 9 7 4 7 6 . M : 1 2 P T G 0 1 0 5 0 1 \ S U R V E Y \ L E G A L S \ 2 2 1 7 5 _ A P N 1 1 8 - 3 3 0 - 0 0 9 \ L e g a 1 1 2 2 1 7 5 - 2 . d o c x P a g e 1 o f 2 E X H I B I T W P A G E 6 PS oMas See Exhibit 132' attached hereto and made apart hereof Prepared under the direction. of fidt2evvo it• 1,01$ Jeremy L. Evans, PLS. 5282 Date - Its A2PTG01-0501\SURVEYILEGALS\22175 APN_11.$-330-0091Legal\22.175-2.docu. Page 2 oft: EXHIBIT PAGE 7 EXHIBIT B2 PARCEL# TITLE GRANTOR AREA APN 2'2175-2: TCE DVORAK & PAYNE LTD 2,948 SF 118-330-009 CURVE TABLE I INF TARI F C1 - A=2°10'121" R=5187.00' L=196.49' L1 - N07°58'36"E 30.12' C2 - A=2° 10'38" R=51 7.2.00' L.=1 96.53' L2 - 1\107° 59'08"E 29.1 8' C.3 - A=1.°:55'.:20" R=5153.00' L=1.72.88' L3 - N.07°59'08"E15.59' C4. - A=3°39'57" R= 366.00' L:= 23.42' L4 - S.07°5.8'36"W 1.5.43' N82'03'23"W RADIAL TABLE i 189..g9'--- 1 j R1 - N07°50148"W R2 - N07°47'59" W I R3 - N051°37'45"W 118`-320-007 re) i 61 R4 - N05° 38'.03"W (J ( : vr i ,` R5 - S03°53'26" i re)co ' v 1 PARCEL MA P L S' 40/65 - 66 1 18-33Q-1 17 w o Cyr. ur , PDL 1 ► i 1-- iCc --- , POL 2 w FBI_ 3 118-320-008 I ti 1 1. b ( 1- z 10 M. PDL 1 R ; S , 'J5/2' 0 p1:20F9�R/W L3POB i ii ,� I T � , � is I .. � Co1 li J o i z �, o o: z OE k-Q EXIST.i �� STR�E� W RppQ C,3 R4 N CQ R5 IY RlAt4 REEWAY 9 �-'' C 1 W RIVERSIDE 6 9 1 255 4 pRopoS-pilliW pM8 go�65 r6ROu,�-E F O � 3 2 LEGEND (:R.) Indicates.Radiol Bearing POB Point of Beginning —------ ( -) Title to State i .I 1 .i I Access Prohibited NOTES 22175-2 Coordinates and bearings are on CCS .1983(2.007.00) Zone 6. Dis;tances. and stationingare grid distances. Divide by O.99997476 to obtain TEMPORARY CONSTRUCTION EASEMENT ground distances. All distances are in feet unless otherwise noted. I �� FEET 0 S0 100 200 00 PREPARED BY:: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santa Ano, Coliforlia 92707 (714)751-7373L(714)545-3863.(Foa) DATE.: 10-24-2011 REV. 4:: 11-12-2013 EA: O:F540 FA#: DISTRICT COUNTY ROUTE SHEET PM - SHEET NO... TOTAL SHEETS 8 R I V '9 1 5.0 1 1 EXHIBIT , PAGE 8 " " " 5 9 1 2 4 5 6 7 8 9 10 11 12 13 PSOMAS EXHIBIT 'CI' LEGAL DESCRIPTION Ca'trans Parcel No. 22175-3 Building Demolition Easement APN 118-330-009 In the City ofCorona, County of Riverside, State. of California, being a portion of Parcel 1 as shown on that certain Parcel Ivlap filed in. Book 40, Pages 65 and 66 of Parcel Maps, Records of RiVerside County, California, described as f011ows: Beginning. at the southwesterly comer of said Parcel 1; thence North 07°59'08" East 134.82 feet along the westerly line of said Parcel 1; thence South 82'03'18" East 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 • 35.55 feet to the True Point of Beginning; thence continuing South 82°03'18" East 118.12 feet; thence South 07°57'41" West 64.71 feet to the begiiming of a non tangent curve concave southerly having a radius of 5,172.00 feet, a radial line to said beginning bears North 06°05'04" West; thence westerly along said curve 122.21 feet through a central angle of 01'21'14"; thence North 08°00'33" East 95.73 feet to the True Point of Beginning. Contains 9,448 square feet The distances described herein are grid distances and are based on California Coordinate System of 1983,. Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being d.escribed. The mean combination factor for this conversion is 0.99997476. See Exhibit TT attached hereto and made apart hereof. MA2PTG010501\SURVEY \LEGALS\22175_APN_118-330-009\Legal\22.175-3-BDEclocx POge 1 of 2 5/18/2012 EXHIBIT PAGE 9 PS OMAS 2 Prepared under the direction of 3 4 5 ! �/. L- s Jeremy L. Evans, PLS 5282 7 8 9 10 11 1.2 13 14. 15 16 17 18 19 20 21 22 23. 24 25 26 27 28 29 30 31 1l. 6.2. t3 Date MA2PTG01050115URVEYILEGALS122175 APN_118-330-0091Lega1122175-3 BDE.docx Page 2; of 2 5/18/2012 EXHIBIT f1PAGE 10 EXHIBIT C2 PARCEL# TITLE GRANTOR AREA APN 22175-3 E3DE DVORAK & PAYNE LTD 9,448 SF 118-330-009 CURVE TAII_E LINE TABLE C1 - A=02°10'38" R=5172.00' L=196.53' L1 - N07°59'08"E 134.82' C2 - A=01°55'20" R=5153.00' L=172.88' L_2 - S82°03'18"E 35.55' C3 - A=03°39'57" R= 366.00' L= 23.42' 1_3 - S07°57"41"W 64.71' C4 - A=01°21'14" R=5172.00' L=122.21' LA - N08°00'33nE 95.73' 1/ 8-320-002 118-330-004 S82" 03123"E RADIAL TABt.E 18979-9-' - -1 R1 - S03°53'26"E 1 R2 - N05°38/03"W R3 - N07°26`17"W 7/8-320-007 - r**1 ! . 1:24 - N06°05'04"IN N Lo ra v- - • R5 - N07°50'48"W R6 - N05°40410"W -'01 I c\J I in r- re) V 118-330-117 rl 118-320-008 Lu Pei- i PCL 2 PDL 3 .7. co , C__. J PARCEL MAP in J J J 0,-.),'-' 0 R _,S , 45/20 IIII TPOB c) I. : z 1 .0 ,. 1 S82 03 18 'E rn L21 118.12 -n" .:2° in vas-v1,1\10 POB ( 0 51RE 1 iR \N SW`L..Y. CORNER _ t, 111.1M "s"-) 2 R6 PARCEL 1 I I_ ONA " PMB 40/65-66 .J _ --- _ - - ROAD kA PROPOSED R5 _ tO poiy, STREET • /W 30 R4 R2 C2 C3 R1 pRl'IN( oPOS/% r-oppEWAY P 1- I- \ t- DE *G 265 --------- CA51,11\11RST \IIN( LEGEND 91 R1VEA \t'IP'N? (R) Indicates Radial Bearing POB Point of Beginning TP013 True Point of Beginning ROUTE FRE 2. 1 RNI RSI° ' NING 1 RO c.-1- p,110 ( ) Title to State . CP... ' 11111 Actess Prohibited NOTES 22175-3 Coordinates and bearings are on CCS 1983(2007.00) Zone S. Distonces and stationing are grid distances. Divide by 0.99997476 to obtoin BUILDING DEMOLITION EASEMENT ground distances. All distances are in feet unless other -wise noted. I. FEET 0 So 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santa Apo Col i .orn I a 92707 (7141751-7'373/(714)54S-8.5133 (Fox) DATE: 05-18-2012 REV.: 1: 11-12-2013 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO, TOTAL SHEETS 8 RIV 91 5.0 1 1 EXHIBIT PAGE 11 " 6 3 " 1 2 5 4 5 6 7 8 9 1 0 1 1 1 2 1 3 P S O M A S E X H I B I T ' D r L E G A L D E S C R I P T I O N C a W a t t s P a r c e l N o . 2 2 1 7 5 - 4 B u i l d i n g A c c e s s E a s e m e n t A P N 1 1 8 . - 3 3 0 - 0 0 9 I n t h e C i t y o f C o r o n a , C o u n t y o f R i v e r s i d e , S t a t e o f C a l i f o r n i a , b e i n g a p o t i o n o f P a r c e l 1 a s s h o w n O n t h a t c e r t a i n P a r c e l M a p f i l e d i n B o o k 4 0 , P a g e s 6 5 a n d 6 6 o f P a r c e l M a p s , R e c o r d s o f R i v e r s i d e C o u n t y , C a l i f o r n i a , d e s c r i b e d a s f o l l o w s : B e g i n n i n g a t . t h e s o u t h w e s t e r l y c o r n e r o f s a i d P a r c e l 1 ; t h e n c e N o r t h 0 7 � 5 ' 9 ' 0 8 " E a s t 1 3 8 . 8 2 f e e t a l o n g t h e w e s t e r l y l i n e o f s a i d P a r c e l 1 ; t h e n c e S o u t h 8 2 � 0 3 ' 1 8 " E a s t " " 1 4 1 5 1 6 1 7 1 8 1 9 ' 2 0 2 1 2 2 2 3 2 4 2 5 . 2 6 2 7 2 8 2 9 . 3 0 3 1 3 5 . 5 5 f e e t t o t h e T r u e P o i n t o f B e g i n n i n g ; t h e n c e N o r t h 0 8 � 0 0 ' 3 3 " E a s t 3 3 1 . 6 8 f e e t ; t h e n c e S o u t h 8 1 � 5 9 ' 2 8 " E a s t 1 1 7 8 4 f e e t ; t h e n c e S o u t h 0 7 � 5 7 ' 4 1 " W e s t 3 3 1 . 5 5 f e e t ; t h e n c e N o r t h 8 2 � 0 3 ' 1 8 ' W e s t 1 1 8 . 1 2 f e e t t o t h e T r u e P o i n t o f B e g i n n i n g . C o n t a i n s : 3 ' 9 , 1 2 3 s q u a r e f e e t T h e d i s t a n c e s d e s c r i b e d h e r e i n a r e g r i d d i s t a n c e s a n d a r e b a s e d o n C a l i f o r n i a C o o r d i n a t e S y s t e m o f 1 9 8 3 , Z o n e 6 , 2 0 0 7 . 0 0 e p o c h . G r o u n d d i s t a n c e s m a y b e o b t a i n e d b y d i v i d i n g g r i d d i s t a n c e s b y t h e m e a n c t h r i b i n a t i o n f a c t o r o f t h e c o u r s e s b e i n g d e s c r i b e d . T h e m e a n c o m b i n a t i o n f a c t o r f o r t h i s c o n v e r s i o n i s 0 . 9 9 9 9 7 4 7 6 . S e e E x h i b i t ' D 2 ' a t t a c h e d h e r e t o a n d m a d e a p a r t h e r e o f M A 2 P T G 0 1 0 5 0 1 1 S U R V Y \ L E G A L S \ 2 2 1 7 5 _ A P N _ 1 1 8 - 3 3 0 - 0 0 9 \ L e g a l \ 2 2 1 7 5 - 4 - B A E . d o c x P a p 1 o f 2 5 / 1 8 t 2 0 1 2 E X H I B I T k l P A G E 1 2 PS OMAS 1 2 Prepared under the direction of 3 4 5 �c-trwo 6 Jeremy L. Evans; PLS 5282 8 9 10 11 12 13 1.4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Date MA2PTG0105011SU.RVEY\LEGALS\22175_APN_118-330-009\Lega1\22175-4-BAE:docx Page 2of2 5/18/2012 EXHIBIT ASPAGE 13 EXHIBIT D2 PAR'•CEL# TITLE GRANTOR AREA APN 221;75-4 BAE DVOR.AK & PAYN.E LTD 39,123 sr 118-330-009 CURVE TABLE LINE TABLE C,1 - A=02°10'38"' R=5172..00' C2 - A=01 °•55'20" R=51 C3 - A=03°39'57" R= L=196.53' 5.3.00' L=1 72.88' 366..00' L= 23.42' 582°03'23"E 1'89.99' L1 L2 - N0.7°59`08"E 134.82' - S82°03'1:811E 35.55' 118-.330`-009` 118-320-002 rn NI-. co '' co Q' t: �— S81 59'2'8"E 1.17.84'' >n ro r� t� N M ro q DEL: :MAP r , I0i5- 6b _ PC _ RADIAL TABLE R1 R2 ,I - 50.3°53.'26"E - N05° 38'0.3" W 118-320-007� r M ,o 0 o PAR NI P , �I m co P 11 8-330-1 1,7 2 I FEL 3 1.18-.320-008 R.'S, 4512.0 Q�B �� 2y €. L2 w z TPQB ° a 1 9 2 co ° o `�' 0� s1.REE ONP �XISTI14 �Q MONp RQAD G R WAY FREE 265 A. 3 �R��`"A\ E A RI 1 -004G SIN �1^8.12' _ II I �R �3 N82° 03'1 8�" I 1 - ,� C2 1 _ D PR°rpR w ���TE SW`LY .CORNER PARCEL ,1 PM.B 40(65.-66 PROP.O 'ED STREET R./W w� RSIDE V �1VE C, �� f LEGEND (R) Indicates PO.B Point of TPOB True Point Radial Bearing Beginning of Beginning State_ Prohibited ( ) Title: to 11 i I I Access NOTES 221 75-4 BUILDING ACCESS .EASEMENT Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain. ground distances. All distances are in feet unless otherwise noted. risinimmimn FEET A 50 100 200 300 PREPARED BY: PSOMAS -3- Mutton Centre Drive; Ste. 20e Sonfo Arlo "Cblifornia BZ AY? (714)7S1•-7373/(7141545-8887: Vox) DATE: 05.-18-2012 REV. 3: 11-12-2.013 EA: OF540 FAn: DISTRIC'T COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS - 8 R I-V 91 5.0 1 1 EXHIBIT WAGE 14 " 6 7 3 4 5 6 7. 8 9 10 11 12 13 P'S O M AS EXHIBIT `El' LEGAL DESCRIPTION Cakraus Parcel No. 22175-5 Tempora Construction Easement APN 118-330-009 In the City of Corona,..County`of Riverside, State of California, being a portion of Parcel 1 as shown on that certain Parcel Map filed in Book 4Q, Pages 65 and 66 of Parcel Maps, Records of Riverside' County, California, ,described as follows: Beginning at the southwesterly corner of said Parcel 1; thence North 07°59'08" East 29.18 feet along the westerly line of said Parcel 1 to the True Point of Beginning; thence 14 1.5 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 continuing North 07°59'08" East 105.64 feet along said westerly line; thence South 82°03'18" East45.87 feet; thence South 08°00'33 West 92.9.0 feet to the beginning of non -tangent curve concave southerly having,a radius of 5,172.00 feet, a radial :line. to said beginning bears North 07° 19'10" West; thence westerly along said curve 47.58 feet through a central angle of 00°31'38" to the True Paint of Beginning. Contains 4,550 square feet The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone. 6, 2007.00 epoch. Ground distances maybe obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. See Exhibit 'E2' attached hereto and made apart hereof MA2PTG010501\SURVEY\LEGALS\22175_APN_118' 330-009\Lega1122175-5-TCE.docx Page 1 of 2 5/18/2012 EXHIBIT WAGE 15 1 2 3 4 5 6' 7 8 9 10 11 12 13 14 15 16' 17 18 19 20 2.1 22 23 24 25 26 27 28 29' 30 RSMAS Prepared under the direction of c,lt4teYv141 G �vow.o Jeremy L. Evans, PLS 528.2 1 i . 25.1013 Date N1:12PTG010501\SURVEY\LEGALS122175_APN 118-330-009Eega1\22175-5-TCE.docx Page 2 of 5/18/2012 EXHIBIT ft9PAGE 16 EXHIBIT E2 • • PARCEL# TITLE GRANTOR AREA AP 22175-5 TCE DVORAK & PAYNE LTD 4,550 SF 118-330-009 CURVE TABLE LINE TABLE C1 - A=02° 10'38" R=51 72.00' L=1 96.53' L1 - N07° 59'08" E 29.1 8' C2 - A=01 °55'20" R=51 53.00' L=172.88' L2 - N07°59'08"E 105.64' C3 - A=03°'39'57" R= 366.00' L= 23.42' L3 - S82°03'18"E 45.87' C4 R=5172.00' L= - A=00°31',38" 47.58' L4 - S08°00'33"W 92.90' 1 18-,320-002 118-330-004 °0.3'23' E 1 9 RADIAL TABLE R1 - SO3° 53'2.6"E R2 - N05° 38'03"W N07°50'48"W 1 18-320-007 l R3 - I R4 - N07° 1 9'10"W N '` '13: 00 fE• I POI 1 o r` Frl 2 I POI 3 M 17 8-330-1 1 7 in 11g-320-00g i n F'ARe[',E'I MAP W � I F, � „ir, . 4-1 �lD.,.0c)—co r �s Rev, FIJi2.0 in Q s qa i -rRos 5 �.N I Lo i n 1 _-� o �X�s���,� I I EST R /0! s Poe g SW`LY CORNER N PARCEL40/65-66 R3 .J �) PMB PROPOSED I �1. _ - 1 _ �, - , � I - �s _.. C1 F22 R PO moNA °AD S R E T R(W a �C - C3 E STINO R1 �� `t R 7w ROPO F R E E W A Y P O Rig \OSI�E LEGEND 1 RI EWA Y 3 (R) Indicates Radial Bearing POB Point of Beginning TPOB True Point of Beginning ROUTE "RE- SjOE 2 9A '—'1N G ti R uj 5A 010\` C i Title to State 1 1 1 I 1 Access Prohibited NOTES 22175-5 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0..99997476 to obtain TEMPORARY CONSTRUCTION EASEMENT ground distances. All distances are in feet unless otherwise noted. I �� FEET 0 50 100 200 30.0 PREPARED BY: PSOMAS 3 Hutton Cei,tre Drive Ste. 200. (nii37"51-3Ana, 373iii7i4)5<5-8a83 (Fax:). DATE: 05-18-2012 REV. 1: 11-12-201.3 EA: OF540 FA# DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R IV 91 5.0 1 1 EXHIBIT A9PAGE 17 " t " 7 1 " 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 P S O M A S E X H I B I T ' F 1 ' L E G A L D E S C R I P T I O N C a ' t r a n s P a r c e l N o . 2 2 1 7 5 4 T e m n o r a z T C o n s t r u c t i o n E a s e m e n t A P N 1 1 8 - 3 3 0 - 0 0 9 I n t h e C i t y ' o f C o r o n a , C o u n t y o f R i v e r s i d e , S t a t e o f C a l i f o r n i a , b e i n g a p o r t i o n o f P a r c e l 1 a s s h o w n o n t h a t c e r t a i n P a r c e l M a p f i l e d i n B o o k 4 0 , P a g e s 6 5 a n d 6 6 o f P a r c e l / s 4 a p s , R e c o r d s o f R i v e r s i d e C o u n t y , C a l i f o r n i a , d e s c r i b e d a s f o l l o w s : B e g i n n i n g g t h e s o u t h e a s t e r l y c o r n e r o f s a i d P a r c e l 1 ; t h e n c e N o r t h 0 7 ' 5 8 ' 3 6 " E a s t 3 0 . 1 2 f e e t a l o i a g t h e e a s t e r l y l i n e o f s a i d P a r c e l 1 t o t h e T r u e P o i n t o f B e g i n n i n g ; t h e n c e 1 4 1 5 1 6 1 7 1 8 1 9 2 0 2 1 2 3 2 4 " . 2 5 2 6 2 7 2 8 2 9 3 0 3 1 " c o n t i n u i n g g o n g s a i d e a s t e r l y l i n e N o r t h 0 7 � 5 8 ' 3 6 " E a s t 7 6 . 6 3 f e e t ; t h e n c e N o r t h 8 1 � 1 3 ' 0 1 " W e s t 4 5 . 9 9 f e e t ; t h e n c e S o u t h 0 8 � 0 0 ' 3 3 " W e s t 8 8 . 6 8 f e g t o t h e b e g i n n i n g o f a n o n - t a z g e n t c u r v e c o n c a v e s o u t h e a s t e r l y h a v i n g a r a d i u s o f 5 1 7 2 . 0 0 f e e t , a r a d i a l l i n e t o s a i d b e g i n r d n g b e a r s N 0 6 � 1 1 ' 4 1 " W e s t ; t h e n c e e a s t e r l y a l o n g s a i d c u r v e 4 7 . 4 2 f e e t t h r o u g h a e e n t r a l a n g l e o f 0 0 � 3 1 ' 3 1 " t o t h e T r u e P o i n t o f B e g i n n i n g ; C o n t a i n s 3 , 8 0 1 s q u a r e f e e t T h e d i s t a n c e s d e s c r i b e d h e r e i n a r e g r i d d i s t a n c e s a n d a r e b a s e d . o n C a l i f o r n i a C o o r d i n a t e S y s t e m o f 1 9 8 3 , Z o n e 6 , 2 0 0 7 . 0 0 e p o c h . G r o u n d d i s t a n c e s m a y b e o b t a i n e d b y d i v i d i n g g r i d d i s t a n c e s b y t h e m e a n . c o m b i n a t i o n f a c t o r o f t h e c o u r s e s b e i n g d e s c r i b e d . T h e m e a n c o t r i b i n a t i o n f a c t o r f o r t h i s c o n v e r s i o n i s 0 . 9 9 9 9 7 4 7 6 . S e e E x h i b i t ` F 2 ' a t t a c h e d h e r e t o a n d m a d e a p a r t h e r e o f . M A 2 P T 6 0 1 0 5 0 1 1 S U R V E Y \ I X Q . A L S \ 2 2 1 7 5 _ , A P N _ 1 1 8 , 3 3 0 - 0 0 9 \ 1 4 0 1 \ 2 2 1 7 5 - 6 - T C . E , d o e x P a g e 1 o f 2 5 4 8 / 2 0 1 2 E X H I B I T P P A G E 1 8 1 2 3 4 5 6. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS Prepared under the direction of Jeremy L. Evans, PLS 5282 Date M:12PTG010501\SURVEY\LEGALS122175_APN_1.18-330-0091Lega1122175-6-TCE:docx Page 2 of 2 5/18/2012 EXHIBIT PPAGE 19 EXHIBIT F2 PARCEL# TITLE GRANTOR AREA APN 22175-6 TCE DVORAK. & PAYNE LTD 3,801 SE 11,8-330-009 CURVE TABLE LLNE TABLE Cl - 4=01 °55'20" R=51 53..00' L=172.138' N810 11 ' C2 - 4=03°39'57" R= 366..00' L= 23.42` L1 - N0°1358,013.6"E 8876..63 ; L2 - S0 7 C3 - 4=00°31'31" R=5172.00' L= 47.42' L3 = .508.°0©'33"W 88`.68.' 1 1:8--.320-002 1 '18°-330-0.04 ° H I 5.82 03 2:3 E i 89.93' - RADIAL TABLE. ' R1 - S03°53126"E I I R2 _ N05O 38`':Q.31,W i I 1 t R3 °- N05°40110"141 118-320-007 'in re) :-. N.06°`11 `4:'I ":W. I,:R.4 N I I NI. 1 1 r i � co P;G L . 1 i I i I PAR Ir L MAP �J 7 18 33p- t 1 7 1 1$=320.-006 I `i La1 1 W J ► i :o poi.,2 PO1 n i ' PDL 3 in 1 T P C3"B' .R:aS,. 45 2O 'tn1 9 I--, d I I I `, Z I POBi zi PROPOSED 1 --i-' 1 __ J I : -E)(.40 I - L'1 SE'LY CORNER PARCEL 1 PMB 40/65-66 J R:3 . I� X S� MCNA -VREE1-. R W" RQAD' STREET R/W i 3p,12 ,b R C Airi. ST_ n .;.-0 E FRE E AY VWY 111 vERSIp 265. LEGEND` Tr 91 R� a \N (R;) Indicates Radial Bearing. POB Point of Beginning TPOB True Point of Beginning ROO :FgE 2 � R TO .: 1 R G 1 1SIATIONIN. ( ) Title to Stote G./�- 1I I i I Access Prohibited NOTES 2 21 7 5 Coordinates and ;beari:n.gs are on CGS 1983(2007:Q0) Zone 6: Distances and stationing 'ore :grid distances. Divide by 0.99,397476 to obtain , .6 TEMPORARY "CONSTRUCTION EASEMENT ground distances.:.All distances ore in feet unless Otherwise noted. I �� FEET 0 50 10:0 2.00 .300 PREPARED BY: PSOMAS. 3 Hutton Centre Drive- sie. 200 Santa AnO COIifernio 92707 (71.4)751-7373/1714)515-8883 06x0 DATE:: 05-18-2012 REV. 1: 11-12=.2013 EA OF540 F`A#: DIS.TRICT COUNTY ROUTE SHEET Pc+A SHEET NO. TOTAL. SHEETS 8 R IV 91 5.0 1 1 XHIBIT A4PAGE 20 " " 7 5 " " F E E 5 , 7 0 8 S F ' 1 4 - 4 , ; B D E ( B U I L D I N G D E M O L I T I O N ) 9 , 4 4 8 S F B A E ( B U I L D I N G A C C E S S ) 3 9 , 1 2 3 S F m i m ' e ' m ' a m m " v � m r l ' i m T C E ( T E M P O R A R Y C O N S T R U C T I O N ) 1 1 , 2 9 9 S F 7 6 " A T T A C H M E N T 3 R E S O L U T I O N N O . 1 4 - 0 1 8 R E S O L U T I O N O F N E C E S S I T Y F O R T H E A C Q U I S I T I O N O F P O S S E S S O R Y A N D / O R L E A S E H O L D I N T E R E S T S A N D I M P R O V E M E N T S I N C E R T A I N R E A L P R O P E R T Y , B Y E M I N E N T D O M A I N , M O R E P A R T I C U L A R L Y D E S C R I B E D A S A S S E S S O R P A R C E L N O . 1 0 2 - 1 0 1 - 0 0 1 , L O C A T E D I N C O R O N A , R I V E R S I D E C O U N T Y , C A L I F O R N I A , F O R T H E S T A T E R O U T E 9 1 C O R R I D O R I M P R O V E M E N T P R O J E C T , W H I C H C O V E R S T H E A R E A B E T W E E N P I E R C E S T R E E T O N T H E E A S T T O T H E C O U N T Y L I N E O N T H E W E S T , I N R I V E R S I D E C O U N T Y , C A L I F O R N I A W H E R E A S , t h e R i v e r s i d e C o u n t y T r a n s p o r t a t i o n C o m m i s s i o n ( t h e C o m m i s s i o n ) p r o p o s e s t o a c q u i r e p o s s e s s o r y a n d / o r l e a s e h o l d i n t e r e s t s a n d i m p r o v e m e n t s i n c e r t a i n r e a l p r o p e r t y , l o c a t e d i n R i v e r s i d e C o u n t y , C a l i f o r n i a , m o r e p a r t i c u l a r l y d e s c r i b e d a s A s s e s s o r P a r c e l N o . 1 0 2 - 1 0 1 - 0 0 1 ( C a l t r a n s P a r c e l N o . 2 2 1 3 5 ) , f o r t h e S t a t e R o u t e 9 1 C o r r i d o r I m p r o v e m e n t P r o j e c t ( S R - 9 1 C I P ) i n R i v e r s i d e C o u n t y , C a l i f o r n i a , p u r s u a n t t o t h e a u t h o r i t y g r a n t e d t o i t b y s e c t i o n 1 3 0 2 2 0 . 5 o f t h e C a l i f o r n i a P u b l i c U t i l i t i e s C o d e ; a n d W H E R E A S , p u r s u a n t t o s e c t i o n 1 2 4 5 . 2 3 5 o f t h e C a l i f o r n i a C o d e o f C i v i l P r o c e d u r e , t h e C o m m i s s i o n s c h e d u l e d a p u b l i c h e a r i n g f o r W e d n e s d a y , M a y 1 4 , 2 0 1 4 a t 9 : 3 0 a . m . , a t t h e C o u n t y A d m i n i s t r a t i o n B u i l d i n g , B o a r d o f S u p e r v i s o r s C h a m b e r s , a t 4 0 8 0 L e m o n S t r e e t , R i v e r s i d e , C a l i f o r n i a , a n d g a v e t o e a c h p e r s o n w h o s e p r o p e r t y i s t o b e a c q u i r e d a n d w h o s e n a m e a n d a d d r e s s a p p e a r e d o n t h e l a s t e q u a l i z e d c o u n t y a s s e s s m e n t r o l l , n o t i c e a n d a r e a s o n a b l e o p p o r t u n i t y t o a p p e a r a t s a i d h e a r i n g a n d b e h e a r d o n t h e m a t t e r s r e f e r r e d t o i n s e c t i o n 1 2 4 0 . 0 3 0 o f t h e C a l i f o r n i a C o d e o f C i v i l P r o c e d u r e ; a n d W H E R E A S , s a i d h e a r i n g h a s b e e n h e l d b y t h e C o m m i s s i o n , a n d t h e a f f e c t e d p r o p e r t y o w n e r a n d o t h e r i n t e r e s t e d p a r t i e s w e r e a f f o r d e d a n o p p o r t u n i t y t o b e h e a r d o n s a i d m a t t e r s ; a n d W H E R E A S , t h e C o m m i s s i o n m a y n o w a d o p t a R e s o l u t i o n o f N e c e s s i t y p u r s u a n t t o s e c t i o n 1 2 4 0 . 0 4 0 o f t h e C a l i f o r n i a C o d e o f C i v i l P r o c e d u r e ; N O W , T H E R E F O R E , T H E C O M M I S S I O N D O E S H E R E B Y R E S O L V E A N D D E C L A R E A S F O L L O W S : S e c t i o n 1 . C o m p l i a n c e w i t h C a l i f o r n i a C o d e o f C i v i l P r o c e d u r e . T h e r e h a s b e e n c o m p l i a n c e b y t h e C o m m i s s i o n w i t h t h e r e q u i r e m e n t s o f s e c t i o n 1 2 4 5 . 2 3 5 o f t h e C a l i f o r n i a C o d e o f C i v i l P r o c e d u r e r e g a r d i n g n o t i c e a n d h e a r i n g . S e c t i o n 2 . P u b l i c U s e . T h e p u b l i c u s e f o r t h e p o s s e s s o r y a n d / o r l e a s e h o l d i n t e r e s t s i n t h e p r o p e r t y t o b e a c q u i r e d i s f o r t h e S R - 9 1 C I P i n R i v e r s i d e C o u n t y , C a l i f o r n i a . S e c t i o n 1 3 0 2 2 0 . 5 o f t h e C a l i f o r n i a P u b l i c U t i l i t i e s C o d e a u t h o r i z e s t h e C o m m i s s i o n t o a c q u i r e , b y e m i n e n t d o m a i n , p r o p e r t y n e c e s s a r y f o r s u c h p u r p o s e s . Section 3. Description of Property. Attached and marked as Exhibit "A" is the legal description of the entire parcel upon which the leasehold and/or possessory interests to be acquired by the Commission are located, and which describes the general location and extent of the property with sufficient detail for reasonable identification. Section 4. Findings. The Commission hereby finds and determines each of the following: (a) The public interest and necessity require the proposed project; (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The property defined, described and/or depicted in Exhibit "A" is necessary for the proposed project; and (d) The offer required by section 7267.2 of the California Government Code was made. Section 5. Use Not Unreasonably Interfering with Existing Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights of way appropriated to existing public uses. The legal descriptions of these easements and rights of way are on file with the Commission and describe the general location and extent of the easements and rights of way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the Commission is authorized to acquire the herein described interest subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure. Section 6. More Necessary Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights of way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the Commission finds and determines that the herein described use or uses are more necessary than said existing public use. Counsel for the Commission is authorized to acquire the herein described real property appropriated to such existing public uses pursuant to section 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make such improvements to the affected real property that it determines are reasonably necessary to mitigate any adverse impact upon the existing public use. Section 7. Further Activities. Counsel for the Commission is hereby authorized to acquire the hereinabove described real property in the name of and on behalf of the • 78 " C o m m i s s i o n b y e m i n e n t d o m a i n , a n d c o u n s e l i s a u t h o r i z e d t o i n s t i t u t e a n d p r o s e c u t e s u c h l e g a l p r o c e e d i n g s a s m a y b e r e q u i r e d i n c o n n e c t i o n t h e r e w i t h . C o u n s e l i s f u r t h e r a u t h o r i z e d t o t a k e s u c h s t e p s a s m a y b e a u t h o r i z e d a n d r e q u i r e d b y l a w , a n d t o m a k e s u c h s e c u r i t y d e p o s i t s a s m a y b e r e q u i r e d b y o r d e r o f c o u r t , t o p e r m i t t h e C o m m i s s i o n t o t a k e p o s s e s s i o n o f a n d u s e s a i d r e a l p r o p e r t y a t t h e e a r l i e s t p o s s i b l e t i m e . C o u n s e l i s f u r t h e r a u t h o r i z e d t o c o r r e c t a n y e r r o r s o r t o m a k e o r a g r e e t o n o n - m a t e r i a l c h a n g e s i n t h e l e g a l d e s c r i p t i o n o f t h e r e a l p r o p e r t y t h a t a r e d e e m e d n e c e s s a r y f o r t h e c o n d u c t o f t h e c o n d e m n a t i o n a c t i o n , o r o t h e r p r o c e e d i n g s o r t r a n s a c t i o n s r e q u i r e d t o a c q u i r e t h e s u b j e c t r e a l p r o p e r t y . C o u n s e l i s f u r t h e r a u t h o r i z e d t o r e d u c e o r m o d i f y t h e e x t e n t o f t h e i n t e r e s t s o r p r o p e r t y t o b e a c q u i r e d s o a s t o l e s s e n t h e i n j u r y / i m p a c t w h e r e s u c h c h a n g e w o u l d n o t s u b s t a n t i a l l y i m p a i r t h e c o n s t r u c t i o n a n d o p e r a t i o n f o r t h e p r o j e c t f o r w h i c h t h e r e a l p r o p e r t y i s b e i n g a c q u i r e d . S e c t i o n 8 . E f f e c t i v e D a t e . T h i s R e s o l u t i o n s h a l l t a k e e f f e c t u p o n a d o p t i o n . A P P R O V E D A N D A D O P T E D t h i s 1 4 t h d a y o f M a y , 2 0 1 4 . R i v e r s i d e C o u n t y T r a n s p o r t a t i o n C o m m i s s i o n A T T E S T : J e n n i f e r H a r m o n , C l e r k o f t h e B o a r d R i v e r s i d e C o u n t y T r a n s p o r t a t i o n C o m m i s s i o n " 8 0 " " " E X H I B I T A L E G A L D E S C R I P T I O N G i a n t I n l a n d E m p i r e R V C e n t e r , I n c . ' s p o s s e s s o r y a n d / o r l e a s e h o l d i n t e r e s t s a n d i m p r o v e m e n t s i n a l l t h a t c e r t a i n r e a l p r o p e r t y s i t u a t e d i n t h e C o u n t y o f R i v e r s i d e , S t a t e o f C a l i f o r n i a , d e s c r i b e d a s f o l l o w s : T h a t p o r t i o n o f t h e T o m a s Y o r b a A l l o t m e n t , i n t h e C o u n t y o f R i v e r s i d e , S t a t e o f C a l i f o r n i a , a s p e r M a p r e c o r d e d i n B o o k 2 , P a g e 7 o f M a p s , i n t h e O f f i c e o f t h e C o u n t y R e c o r d e r o f S a n B e r n a r d i n o C o u n t y , C a l i f o r n i a , d e s c r i b e d a s f o l l o w s : B e g i n n i n g a t t h e N o r t h w e s t c o r n e r o f L o t 4 6 i n T r a c t N o . 2 3 1 9 , a s p e r M a p r e c o r d e d i n B o o k 4 3 , P a g e s 7 4 t o 7 6 o f M a p s , R e c o r d s o f s a i d R i v e r s i d e C o u n t y ; T h e n c e a l o n g t h e N o r t h e r l y p r o l o n g a t i o n o f t h e W e s t e r l y l i n e o f s a i d L o t 4 6 , b e i n g a l o n g t h e E a s t e r l y l i n e o f R i d g e v i e w T e r r a c e , 6 0 f e e t w i d e , N o r t h 1 5 � 2 9 ' 0 0 " E a s t , 1 2 5 . 4 5 f e e t t o t h e b e g i n n i n g o f a t a n g e n t c u r v e , c o n c a v e W e s t e r l y a n d h a v i n g a r a d i u s o f 2 3 0 . 0 0 f e e t ; T h e n c e N o r t h e r l y a l o n g s a i d c u r v e , t h r o u g h a c e n t r a l a n g l e o f 1 1 � 3 1 ' 1 5 " , a n a r c d i s t a n c e o f 4 6 . 2 5 f e e t t o t h e b e g i n n i n g o f a r e v e r s e c u r v e , c o n c a v e S o u t h e a s t e r l y a n d h a v i n g a r a d i u s o f 1 3 . 0 0 f e e t ; T h e n c e N o r t h e a s t e r l y a l o n g s a i d c u r v e , t h r o u g h a c e n t r a l a n g l e o f 8 3 � 0 4 ' 4 6 " , a n a r c d i s t a n c e o f 1 8 . 8 5 f e e t t o a p o i n t o f t a n g e n c y o n t h e S o u t h l i n e o f F r o n t a g e R o a d , 5 0 f e e t w i d e ; T h e n c e a l o n g s a i d S o u t h l i n e N o r t h 8 7 � 0 2 ' 3 1 " E a s t , 1 0 2 . 9 6 f e e t t o t h e b e g i n n i n g o f a c u r v e , t h e r e i n , c o n c a v e S o u t h e r l y a n d h a v i n g a r a d i u s o f 1 3 4 4 . 0 0 f e e t , a r a d i a l l i n e t o s a i d b e g i n n i n g b e a r s N o r t h 2 � 5 7 ' 2 9 " W e s t ; T h e n c e E a s t e r l y 2 7 2 . 2 9 f e e t a l o n g s a i d c u r v e , t h r o u g h a c e n t r a l a n g l e o f 1 1 � 3 6 ' 2 9 " ; T h e n c e S o u t h 8 1 � 2 1 ' 0 0 " E a s t , 1 8 7 . 7 1 f e e t o n s a i d S o u t h l i n e ; T h e n c e l e a v i n g s a i d S o u t h l i n e S o u t h 8 � 3 9 ' 0 0 " W e s t , 2 . 0 0 f e e t t o t h e i n t e r s e c t i o n o f t h e S o u t h l i n e o f t h e l a n d d e s c r i b e d i n t h e d e e d t o t h e C o u n t y o f R i v e r s i d e r e c o r d e d F e b r u a r y 2 2 , 1 9 7 3 a s I n s t r u m e n t N o . 2 3 0 4 0 o f O f f i c i a l R e c o r d s , s a i d i n t e r s e c t i o n b e i n g t h e t o t h e t r u e p o i n t o f b e g i n n i n g ; T h e n c e S o u t h 8 � 3 9 ' 0 0 " W e s t 1 8 5 . 0 0 f e e t t o a l i n e p a r a l l e l w i t h a n d N o r t h e r l y 2 8 . 0 0 f e e t f r o m t h a t c e r t a i n c o u r s e o f t h e N o r t h l i n e o f a b o v e s a i d T r a c t N o . 2 3 1 9 , h a v i n g a b e a r i n g o f S o u t h 8 1 � 2 1 ' 0 0 " E a s t ; T h e n c e S o u t h 8 1 � 2 1 ' 0 0 " E a s t , 3 7 8 . 0 0 f e e t , o n s a i d p a r a l l e l l i n e ; T h e n c e N o r t h 8 � 3 9 ' 0 0 " E a s t , 1 8 5 . 0 0 f e e t t o s a i d S o u t h l i n e o f s a i d l a n d d e s c r i b e d i n t h e D e e d t o t h e C o u n t y o f R i v e r s i d e ; T h e n c e N o r t h 8 1 � 2 1 ' 0 0 " W e s t , 3 7 8 . 0 0 f e e t o n l a s t s a i d S o u t h l i n e t o t h e t o t h e t r u e p o i n t o f b e g i n n i n g ; E x c e p t t h e r e f r o m a n u n d i v i d e d 1 / 2 i n t e r e s t i n a l l o i l , m i n e r a l s a n d a n y o t h e r h y d r o c a r b o n s s u b s t a n c e s l o c a t e d i n o r u n d e r t h e a b o v e d e s c r i b e d p r o p e r t y ; p r o v i d e d h o w e v e r t h a t n o e x p l o r a t i o n o r p r o d u c t i o n a c t i v i t i e s s h a l l b e p e r m i t t e d o n t h e s u r f a c e o r w i t h i n 5 0 0 f e e t o f t h e s u r f a c e a s r e s e r v e d b y C h a r l e s A . T h o m a s a n d L a u r e t t a T h o m a s , h i s w i f e , i n d e e d r e c o r d e d S e p t e m b e r 2 9 , 1 9 5 4 i n B o o k 1 6 3 5 , P a g e 1 3 9 o f O f f i c i a l R e c o r d s ; A l s o e x c e p t t h e r e m a i n d e r i n t e r e s t i n a l l o i l , m i n e r a l s a n d o t h e r h y d r o c a r b o n s u b s t a n c e s l o c a t e d i n o r u n d e r t h e a b o v e d e s c r i b e d p r o p e r t y n o t p r e v i o u s l y r e s e r v e d t o o t h e r p e r s o n s , p r o v i d e d , h o w e v e r , t h a t n o e x p l o r a t i o n o r p r o d u c t i o n a c t i v i t i e s s h a l l b e p e r m i t t e d w i t h i n 5 0 0 f e e t o f t h e s u r f a c e a s r e s e r v e d b y L e s t e r L . L e v a n d E l i z a b e t h L . L e v , h u s b a n d a n d w i f e , i n D e e d r e c o r d e d A p r i l 1 3 , 1 9 6 2 i n B o o k 3 1 1 7 , P a g e 4 3 1 o f O f f i c i a l R e c o r d s . S a i d l a n d i s w i t h i n t h e a r e a s h o w n a s P a r c e l 2 o n a M a p r e c o r d e d i n B o o k 7 , P a g e 7 7 o f P a r c e l M a p s , i n t h e o f f i c e o f t h e C o u n t y R e c o r d e r o f R i v e r s i d e C o u n t y . S a i d l a n d i s a l s o s h o w n a s P a r c e l 2 o f P a r c e l M a p N o . 5 2 5 9 , i n t h e C o u n t y o f R i v e r s i d e , S t a t e o f C a l i f o r n i a , a s p e r M a p f i l e d i n B o o k 1 2 , P a g e 5 1 o f P a r c e l M a p s , i n t h e o f f i c e o f t h e C o u n t y R e c o r d e r o f s a i d C o u n t y . A P N : 1 0 2 - 1 0 1 - 0 0 1 - 8 E X H I B I T A , P A G E 1 8 1 82 " " " _ _ . _ - - F R O A T A G E - - A S S E S S O R S N A P B K I O I P G I O R I V E R S I D E C O U N 7 1 ' , C A L I F . P O R . 7 , 3 5 , R 7 W ( P O R R O L A S I E R R A Y O R 8 , 4 0 4 ! A A ' E X H I B I T A , P A G E 2 8 3 M B . 4 3 / 7 4 . 7 6 T r o c l N o . 2 3 / 9 k w . , r n " " " 8 4 " S S T 0 0 - T O T - Z O T ( I N V N 3 1 - A l l I N V I J ) 3 3 O H N N I 2 1 8 " " ATTACHMENT 4 AMENDED RESOLUTION NO. 13-074 RESOLUTION OF NECESSITY FOR THE ACQUISITION OF CERTAIN REAL PROPERTY, BY EMINENT DOMAIN, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NO. 102-050-005, LOCATED IN CORONA, RIVERSIDE COUNTY, CALIFORNIA, FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT, WHICH COVERS THE AREA BETWEEN PIERCE STREET ON THE EAST TO THE COUNTY LINE ON THE WEST, IN RIVERSIDE COUNTY, CALIFORNIA WHEREAS, the Riverside County Transportation Commission (the Commission) proposes to acquire fee interest in certain real property, located in Riverside County, California, more particularly described as Assessor Parcel No. 102-050-005 (Caltrans Parcel No. 22121) for the State Route 91 Corridor Improvement Project (SR-91 CIP) in Riverside County, California, pursuant to the authority granted to it by section 130220.5 of the California Public Utilities Code; and WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the Commission scheduled a public hearing for Wednesday, May 14, 2014 at 9:30 a.m., at the • County Administration Building, Board of Supervisors Chambers, at 4080 Lemon Street, Riverside, California, and gave to each person whose property is to be acquired and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in section 1240.030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by the Commission, and the affected property owners were afforded an opportunity to be heard on said matters; and WHEREAS, the Commission's construction of the SR-91 CIP necessitates the acquisition of a portion of APN 102-050-005. Acquisition of the necessary portion will leave the remainder of APN 102-050-005 in such size, shape or condition as to be of little market value and affectively a "remnant" parcel as defined by Code of Civil Procedure section 1240.410. Accordingly, the Commission now seeks to acquire the remainder portion of APN 102-050-005 as a remnant parcel, pursuant to Code of Civil Procedure section 1240.410, in addition to the fee, permanent wall footing easement, and the temporary construction easement interests that the Commission authorized for acquisition in Resolution of Necessity No. 13-074, adopted on November 13, 2013; WHEREAS, the Commission may now adopt a Resolution of Necessity pursuant to section 1240.040 of the California Code of Civil Procedure; NOW, THEREFORE, THE COMMISSION DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS: 86 Section 1. Compliance with California Code of Civil Procedure. There has been compliance by the Commission with the requirements of section 1245.235 of the California Code of Civil Procedure regarding notice and hearing. Section 2. Public Use. The public use for the fee interest in the property to be acquired is for the SR-91 CIP in Riverside County, California. Section 130220.5 of the California Public Utilities Code authorizes the Commission to acquire, by eminent domain, property necessary for such purposes. Section 3. Description of Property. Attached and marked as Exhibit "A" are the legal description and map, respectively, of the real property to be acquired by the Commission, which describe the general location and extent of the property with sufficient detail for reasonable identification. Section 4. Findings. The Commission hereby finds and determines each of the following: (a) The public interest and necessity require the proposed project; (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The property defined, described and/or depicted in Exhibit "A" is necessary for the proposed project; (d) The offer required by section 7267.2 of the California Government Code was made; and, (e) A portion of the real property to be acquired is a "remnant" as defined in Code of Civil Procedure section 1240.410, thereby giving RCTC separate statutory authority to acquire that portion by eminent domain. Section 5. Use Not Unreasonably Interfering with Existing Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights of way appropriated to existing public uses. The legal descriptions of these easements and rights of way are on file with the Commission and describe the general location and extent of the easements and rights of way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the Commission is authorized to acquire the herein described interest subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure. • • 87 Section 6. More Necessary Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights of way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the Commission finds and determines that the herein described use or uses are more necessary than said existing public use. Counsel for the Commission is authorized to acquire the herein described real property appropriated to such existing public uses pursuant to section 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make such improvements to the affected real property that it determines are reasonably necessary to mitigate any adverse impact upon the existing public use. Section 7. Further Activities. Counsel for the Commission is hereby authorized to acquire the hereinabove described real property in the name of and on behalf of the Commission by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may be required in connection therewith. Counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the Commission to take possession of and use said real property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non -material changes in the legal description of the real property that are deemed necessary for the conduct of the condemnation action, or other proceedings or transactions required to acquire the subject real property. Counsel is further authorized to reduce or modify the extent of the interests or property to be acquired so as to reduce the compensation payable in the action where such change would not substantially impair the construction and operation for the project for which the real property is being acquired. Section 8. Effective Date. This Resolution shall take effect upon adoption. APPROVED AND ADOPTED this 14th day of May, 2014. Marion Ashley, Chair Riverside County Transportation Commission ATTEST: Jennifer Harmon, Clerk of the Board Riverside County Transportation Commission • 88 " 8 9 EXHIBIT A LEGAL DESCRIPTION All that certain real property situated in the County of Riverside, State of California, described as follows: That portion of the Thomas Yorba Allotment, in the City of Corona, County of Riverside, State of California, as per map recorded in Book 2, Page(s) 7, of Maps, in the Office of the County Recorder of San Bernardino County, described as follows: Beginning at a point in that certain course described as "South 8° 39' West, 100.81 feet" in Deed to the State of California, recorded January 25, 1939 in Book 403 of Official Records, Page 471, in the Office of the County Recorder of said County of Riverside, said point being distant along said course South 8° 39' 00" West, 21.21 feet from the Northerly terminus of said course; Thence North 82° 10' 32" West, 263.33 feet to a point in that certain course described as "North 49° 09' West, 358.07 feet" in said Deed, said point being distant along said course South 49° 09' 00" East, 46.92 feet from the Northwesterly terminus of said course; Thence along said course, South 49° 09' 00" East, 311.16 feet to the Southeasterly terminus thereof; Thence along first said course, North 8° 39' 00" East, 169.60 feet to the point of beginning. Except 90% of all oil, gas, minerals, and other hydrocarbon substances in and under said lands below a depth of 500 feet, but without right of surface entry as reserved in Deed recorded October 19, 1969 as Instrument No. 103855 of Official Records. FEE APN: 102-050-005-5 • • EXHIBIT A, PAGE 1 90 " " 9 1 c't bt IDT to, ottt 330111 Al. 113/M 110 1110 • 900Z aa0 � � J I [110[11le031. . S9Si ON 10181 i1-01/Li ®1 / �1 / r / I I I I I 1 \ \, \ \ \ 1 \ \ \ \ \ t -- 8D M3 \ \ as r/t en 'es zsh ▪ en lira I`/ 1p1 I 174 I I I I I 1 /— I I I I I ) l l \` _ I / 1 - l I / \ I ,v \ \ ` / 1 1\\ `\ / --'\\ 1\ ▪ \ / \ / t �,) / / I / i ' . -VONO3 J0 Al 10 8Z a'035 Y .11103 'A3ano3 aplettoul 50'5dcZ0IArj'dYM 5,0055355Y — _ — �/ / ▪ / / / / / / / / i z a Nye / / WIN 5a80S5 ssr 'WAOHJ5 5 YlY03N1JO AT/80331( 301� 80Jn0315155Y 51, 11111/111 ON '1180 5350dUld 111311553551' NOJ 0381d38d SVAI dYN 5101 • • " 9 3 3S 91Z'ZZ 333 S00-090-ZOT 'DNI' amp AILLMOD SWIMS 5/14/2014 ROJECT rAsrscmv.wn THE COMMISSION IS REQUESTED TO MAKE THE FOLLOWING FINDINGS : 1. The public interest and necessity require the proposed project; 2. The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; 3. The real property to be acquired is necessary for the project; and 4. The offer of just compensation has been made to the property owner. 1 5/14/2014 91 ROJECT FASFFOINAFD 1. Serfas Service Station, Inc., a California Corporation 2. Dvorak & Payne, Ltd., a Limited Partnership 3. Brett Brinkhoff, Trustee (Giant RV — tenant) 4. Serfas Country Clubs, Inc., a California corporation 91 PROJECT PAS, ♦O.YMRD No.; 3 Ownership Dvorak & Payne, Ltd. Brinkhoff (Giant RV tenant) Serfas Country Clubs, Inc. Offer Date March 28, 2014 February 24, 2014 March 8, 2012 December 20, 2012 2 5/14/2014 RCM P OiEcr mwrommo No4 3 4 eta ,erson gangs> Brinkhoff (Gi tenant} Serfas buntry Clubs Inc �: .„ /9 Mailings 1 5.1„ 6..F, 3/ E- ails 13 6 *These numbers do not include contacts made with legal counsel, which in some cases has been extensive. 2 3 5/14/2014 4 5/14/2014 5 5/14/2014 RC7G pRO EC PARCEL 4 6 5/14/2014 ;WIT'!" SY 60awUro THE COMMISSION ADOPT A RESOLUTION OF NECESSITY BASED ON THE FOLLOWING FINDINGS: 1. The public interest and necessity require the proposed project; 2. The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; 3. The real property to be acquired is necessary for the project; and 4. The offer of just compensation has been made to the property owner. Indian Wells (760) 568-2611 Irvine (949) 263-2600 Los Angeles (213) 617-8100 Ontario (909) 989-8584 BEST BEST & KRIEGER ATTORNEYS AT LAW 3390 University Avenue, 5th Floor, P.O. Box 1028, Riverside, CA 92502 Phone: (951) 686-1450 I Fax: (951) 686-3083 I www.bbklaw.com Margaret L. Barnes (951) 826-8357 margaret.barnes@bbklaw.com File No. 17336.02100 April 2, 2014 VIA HAND DELIVERY Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 92501 Sacramento (916) 325-4000 San Diego (619) 525-1300 Walnut Creek (925) 977-3300 Washington, DC (202) 785-0600 ID APR 02 2L1114 TRAAR ATI O MISSIOM Re: Notice of Hearing to Property Owners as to Giant Inland Empire RV Center, Inc. (Assessor Parcel No. 102-101-001, CPN 22135), Dvorak & Payne, Ltd. (Assessor Parcel No. 118-330-009, CPNS 22175-1 through 22175-6), and Serfas Service Station (Assessor Parcel Nos. 102-050-002 and 102-050-010, CPNS 22128-1 through 22128-6) RCTC/SR91 CIP Project Dear Jennifer: Attached are the original Notices of Hearing to Property Owners, with proofs of mailing, of the hearing on the adoption of a resolution of necessity scheduled for May 14, 2014, as to Giant Inland Empire RV Center, Dvorak & Payne, Ltd., Serfas Service Station, and possessory and/or leasehold interests sought for this project. These are the only parcels to be considered for the adoption of a resolution of necessity at that hearing with regard to this project. Please do not hesitate to contact me, should have any questions. Very truly yows `r r \I6 M rgaret . Barnes Senior Litigation Paralegal for BEST BEST & KRIEGER LLP Attachments 1733 6.02100\868403 5.1 RON No. r`-1 -01lo NOTICE OF HEARING TO CONSIDER ADOPTION OF A RESOLUTION OF NECESSITY Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, May 14, 2014, at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, located at 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of real property interests in property that, according to the last equalized county assessment roll, is owned by you. The public use for which this resolution of necessity will be considered is for the SR-91 Corridor Improvement Project in Riverside County, California. The definition of the property rights to be acquired, together with the legal descriptions and corresponding depictions, are attached to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project. 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. 17336.02100\8682248.1 Pursuant to California Code of Civil Procedure section 1245.235(b)(3), your failure to file a written request with RCTC to appear and be heard within 15 days from the date that this Notice is mailed may result in the waiver of your right to appear and be heard on the above -stated matters and issues that are the subject of the hearing. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, California 92501 DATE OF HEARING: PLACE OF HEARING: DATED: March 28, 2014. Wednesday, May 14, 2014 9:30 a.m. Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 BEST BE RIEGER LLP Bv: Easter A . Shaverdian Attorneys for Riverside County Transportation Commission 17336.02100\8682248.1 PROOF OF MAILING NOTICE I, Sandra Rosales, acting on behalf of the Riverside County Transportation Commission, hereby certify that on March 28, 2014, I mailed a copy of the attached notice by first-class mail to the following owners and other interested parties of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel Nos. 102-050-002, 102-050-010, 102-050-013, 102-050-014, and 102-050-018 (CPNs 22128-1, 22128-2, 22128-3, 22128-4, 22128-5 and 22128-6): Serfas Service Station Inc. P. O. Box 2499 Corona, CA 92878 Serfas Service Station, Inc./McDonald's Corporation One McDonald's Plaza Oak Brook, IL 60523 Serfas Service Station, Inc. 800 Serfas Club Drive Corona, CA 92882 John S. Murphy, Esq. Murphy & Evertz 650 Town Center Drive, Suite 550 Costa Mesa, CA 92626 Dated: March 28, 2014. Record Owner Record Owner/ Interested Party Record Owner Courtesy Copy J� Sandr;al Rosales 17336.02100\8682248.1 Legal Definitions of Property to be Acquired The following is a list of definitions of legal rights to be acquired by Riverside County Transportation Commission: "Fee" also known as fee simple or fee simple absolute, grants to RCTC absolute ownership of the portion of the property to be acquired. "Permanent Wall Footing Easement" grants to RCTC, including its successors and assigns, a permanent easement to construct, maintain, operate, repair, alter, replace, and remove footings, under, along and across the easement area, together with all necessary and convenient means of ingress and egress to and from the easement area or strip or parcel of land, for the purpose of constructing, reconstructing, maintaining, operating, repairing, renewing, or enlarging in any manner the footings together with any and all of the purposes hereinbefore mentioned. "Temporary Construction Easement" (TCE) refers to the right of RCTC, its successors and assigns, to engage in construction and related activities for the project, together with all necessary rights of ingress and egress to the easement area in connection with the exercise of any of the easement rights. With respect to CPN 22128-4, such right shall be exercised for a period of 12 months, beginning no fewer than 72 hours after the date that RCTC provides written notice of commencement of possession to the property owner. With respect to CPNs 22128-5 and 22128-6, such right shall be exercised for a period 6 months as beginning no fewer than 72 hours after the date that RCTC provides written notice of commencement of possession to the property owner. The duration of the rights under this easement shall not extend beyond November 6, 2017, or upon filing of a Notice of Completion, whichever is earlier. Property Owner shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder. 173 3 6.0 2100\8 28 958 9.1 EXHIBIT A, PAGE 1 PS OMAS EXHIBIT `Al' LEGAL DESCRIPTION Caltrans Parcel No. 22128-1 Fee Acquisition APN 102-050-013 and 018 In the County of Riverside, State of California, being a portion of the land described in the deed recorded May 3, 2005 as Document No. 2005-0350811 of Official Records of said County, described as follows: Beginning at the most westerly corner of said land; thence South 76°15'55" East 183.13 feet along the general northerly line of said land to a point thereon, said point being the beginning of a non -tangent curve, concave southerly, having a radius of 1,500.00 feet, to which point a radial line bears North 13°44'54" East; thence easterly continuing along said general northerly line and said curve 252.62 feet through a central angle of 09°38'58" to a point thereon, said point being the beginning of a non -tangent curve, concave southerly, having a radius of 802.19 feet, to which point a radial line bears North 11 °54'05" East; thence westerly along said curve 34.30 feet through a central angle of 02°26'59"; thence North 80°32'54" West 185.29 feet to the beginning of a curve concave northerly having a radius of 279.95 feet; thence westerly along said curve 41.45 feet through a central angle of 08°29'03"; thence North 72°03'52" West 42.01 feet to the beginning of a curve concave southerly having a radius of 309.00 feet; thence westerly along said curve 38.36 feet through a central angle of 07°06'45" to the beginning of a reverse curve concave northerly having a radius of 1,935.81 feet; thence westerly along said curve 25.19 feet through a central angle of 00°44'44" to a point on the southwesterly line of said land; thence North 49°32'46" West 76.92 feet along said southwesterly line to the Point of Beginning. Containing 10,883 square feet. P:A2PTG01.0501\sURVEY\LEGALs\22128 APN]02-050-002,013,014,016,0181Legals\22128-] Fee.doc 1 /22/2014 Page 1 of 2 EXHIBIT A, PAGE 2 PS OMAS This conveyance is made for the purpose of a freeway and the Grantor hereby releases and relinquishes to the Grantee any and all abutter's rights or access, appurtenant to Grantor's remaining property, in and to said freeway. See Exhibit `A2' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. Prepared under the direction of Brian E. Bullock, PI,S 5260 Date P:A2PTG010501\SURVEY\LEGALS\22128_APN 102-050-002, 013,014,016,018\Legals\22128-1_Fee.doc 1/22/2014 Page 2 of EXHIBIT A, PAGE 3 EXHIBIT A2 PARCEL# TITLE AREA APN 22128-1 FEE 10,883 SQ. FT. 102-050-013 & 018 ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING 8 9 180 1 2 ROUTE 97 RIVERSIDE FREEWAY 3 4 185 6 7 8 9 EXISTING R/W POE 190 1 2 SEE SHEET 3 FOR DETAIL - - L 1— — 4;2 ° FOR, 9 � ------= 084' ALLOTMENT 102- 050- 005 -- __s----_Sg — _ — MIA 2/7 FOR, TOMAS Y0R2A ti99° _ _ 221 28-0 I ALLOTMENT _ Me 2/ I SEE SHEET 2 96,E °30'2$ E F OR D E T AIL 3LI� N36 QROpOS FOR, LOT A 957 � ':E TACT NO, 595 °o,. M2 'f7/ 1 0- 1 'f ' � �,---. W 102-050-006 CO �' TRACT POR , LOT A NO , 2595 ' ' J co' , o� �,� 1 C\ Oo G�(J\ •5�6\ �,/ ------ O� °F i S �� P � �F- N /,/ RADIAL TABLE \ \ R1 - N13°44'54"E \ LINE TABLE L1 - S76°15'55"E 183.13' LEGEND (R) Indicates Radial Bearing L2 - S09°26'34 W 109.00' POB Point of Beginning L3 - S01 °28'23"W 1 51 .46' ( ) Title to State L4 - S23°45'26"E 63.51' I i l l I Access Prohibited NOTES 22128-1. Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing ore grid distances. Divide by 0.99997476 to obtain FEE ACQUISITION ground distances. All distances are I in feet unless otherwise noted. FEET 0 100 200 400 600 PREPARED BY: DATE: 10-26-2011 REV. 6: 01-22-2014 EA: OF540 FA#: PSOMAS 3 Hutton Centre Drive, Ste. 200Santo DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS Ao, California 92707 (714)751n 7373/(7141545-8883 (Fax) 8 R I V T d 91 3. 6 1 3 CJII'11611 /A, 1"Hl7C'+ EXHIBIT A2 PARCEL# TITLE AREA APN 22128-1 FEE 10,883 SO o FT. 102-050-013 & 018 .4i ROUTE 91 POB RI C2 _1 VERSIDE 183.13' FREEWAY L5 _ _ PROPOSED 99,3 `0,>- LINE TABLE L5 — N72°03'52"W CURVE TABLE C1 — 0=08°29'03" C2 — 0=07° C3 — 0=00°44'44" Y C —4- °22 °45 38'SB�� A ,34 H R_R50p,1500.00 C_S9 L�252 28 � 185.29' — 1 1 — — — _ — _J-- — 2005-035081 1 , O.R. PDR,, LDT A TRACT No., E525 m5 4J/ l o— 1 'r ' L=41.45' L=38.36' L=25.19' S76°15'55"E �6 92, 4—Og `I I_. C3 _ — _ — /1/'So 3c" 96 (221 28-1� C1 , N80°32'54"W R/W DOC. NO. 42.01 R= 279.95' 06'45" R= 309.00' R=1935.81' 102-050-006 POR, LOJT A TRACT NO.. 2525 loll8 —'f J/ 1 o— l i RADIAL TABLE R1 — N13°44'54"E R2 — 51 1 ° 34'08"W LEGEND (R) Indicates Rodiol POB Point of Beginning (---) Title to State Bearing J i (i t Access Prohibited NOTES 22128_1 FEE ACQUISITION • 150 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances ond stationing ore grid distonces. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. FEET 0 25 50 100 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Sonia 2707 (714)751- 73734714)545Colifornia98883 (Fax) DATE: 0-26-2011 REV. 6: 01-22-2014 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V rs/1 ul'l,r • 91 Ink Al- r 3. 6 2 3 e EXHIBIT A2 PARCEL# TITLE AREA A P N 22128-1 FEE 10,883 SQ. FT. 102-050-013 & 018 RADIAL TABLE R1 - N13°44'54"E •T ► 2 i _" �. — DOC. ROTE 91 R=1500.00, IVER Sip E F R=� 500.00' 1,59.5 84REEw-4 1,252.62 - 185.29' _' _ _ — — — — _ _ C 4 I'^ 1' — --- _ _ T ___ — . --- _ 0)o — cV • O O OLc) I � �� I NO. 2005-035081 1, O.R. ww .� FOR, LOT A o � /: -rRADT NO, 58 I o .M I ` �1 --�, 1 �(i)>«O '- N zz o 77 I ,� I 99� I . 1oi- 1 \ I I CURVE TABLE C 1 - A=08° 29'03" R= 279.95' L=41 .45' C2 - 0=07°06/45" R- 309.00' L-38.36' C3 - A=00°44144" R=1935.81' L=25.19' C4 - 0=02°26'59" R=802.19' L=34.30' Y — c11 4,'22°45'34" -- L 1 4=09°38,58„ 221 28- 1 L 5 C1 N80°32'54"W — PROPOSED R/W \ 490 2. 96,� 102-050-006 FOR, LOT A TRACT NO, 2585 M S 4 ll 1 0 - 1 4 LINE TABLE L1 - S76° 1 5'55"E 1 83.1 3' L5 - N72°03'52"W 42.01' LEGEND (R) Indicates Radial POB Point of Beginning Bearing C ) Title to State (flit Access Prohibited NOTES 22128-1 FEE ACQUISITION Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. ......111., FEET 0 25 50 100 150 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 (714f7nto 51n 7373/(714i545-ene3 (Fox) DATE: 10-26-2011 REV. 6 01-22-2014 EA: 0F540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V .—%/1 is .-r 91 w/.r n 3.6 3 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS EXHIBIT `BF LEGAL DESCRIPTION Caltrans Parcel No. 22128-2 Fee Acquisition APN 102-050-002 and 010 In the County of Riverside, State of California, being a portion of the land described in the deed recorded May 3, 2005 as Document No. 2005-0350811 of Official Records of said County, described as follows: Beginning at the most southerly corner of said land; thence North 49°32'46" West 12.08 feet along the southwesterly line of said land to a point thereon, said point being the beginning of a non -tangent curve concave westerly having a radius of 446.00 feet, to which point a radial line bears South 78° 11'37" East; thence northerly along said curve 18.27 feet through a central angle of 02°20'48"; thence North 09°27'35" East 35.94 feet; thence North 09°55'26" East 112.99 feet to a point on the general easterly line of said land; thence along said general easterly line the following two (2) courses: 1) South 01°28'23" West 65.04 feet and 2) South 09°26'34" West 1.09.00 feet to the Point of Beginning. Contains 1,357 square feet See Exhibit 132' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. PA2PTG010501\SURVEY1LEGAI:S\22128_APN 102-050-002, 013,014,016,018\Legals\22128-2_Fee.doc 1/22/2014 Page 1 of 2 EXHIBIT A, PAGE 7 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PSOMAS Prepared under the direction of /- /e;e1 ry 214 Brian E. Bullock, PLS 5260 Date PA2PTG010501 \SURVEY\ LEGALS\22128_APN 102-050-002, 013,014,016,018\Legals\22128-2_Fee.doc 1/22/201.4 Page 2 of 2 EXHIBIT A, PAGE 8 EXHIBIT B2 PARCEL# TITLE AREA A P N 22128-2 FEE 1,357 S0. FT. 102-050-002 & 010 ROUTE 91 8 9 180 1 2 3 ROUTE 91 RIVERSIDE RIVERSIDE 4 85 L 1 99 3 POR, LOT A NO, 2585 1\A8 2-7/ 1 0- 14 FREEWAY 6 7 8 9 190 EXIST_NG R/W 1 �i' e'q os 01.-, ‘ �<, \/ (0 - . i / to 'm 00 - FREEWAY C/L t . - STATIONING POS TRADT TRACT 4-220 Rz-r 5 _ 0 � 96'� 1- 99� DOC. NO. 035081 1 , SEE 45 '34 ,, 2 q' N36 3lR a" ----- FOR, r1LrLJJ71�1J�T1 r RSA MAs AlJ 2l 7 N (221 28-2 1r 1 ---1I� , 1 IJ .o�, 2005- O.R. SHEET 2 102-050-006 FOR, LOT A NO, 2585 ME 47/ 1 0- 1 4 RADIAL TABLE FOR DETAIL 183.13' 109.00 151.46' 63.51' R1 - N13°44'54"E LINE TABLE LEGEND L1 - S76o15'55"E L2 - S09 26'34"W L3 - S01°28'23"W L4 - S23°45'26"E (R) Indicates Radial POB Point of Beginning Bearing ( ) Title to State I i i) t Access Prohibited NOTES 22128-2 FEE ACQUISITION immmm. Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. I FEET 0 600 100 200 400 PREPARED BY: PSOMAS 3 Hutton Centre Dr'IIve, Ste, 200 92707 (714)751 7373/(714)5AS-8883 (Fox) DATE: 10-26-2011 REV. 6: 01-22-2014 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 9 1 3, 7 1 2 DA IGI I /A, rr+kpc EXHIBIT B2 PARCEL# TITLE AREA APN 22128-2 FEE 1,357 S0. FT. 102-050-002 & 010 l poR , \ ToMAS YDR8A \ ALLDTI,I1P' NT M2 2/ 7 \ —-------__ ____ --_— I i DOC. NO. 2005-035081 1 , O.R. I FOR LET A TRACT No, 595 I \ \ M B 47 / 1 0 -- 1 'f � o' \ (-\Q \ PROPOSED R/W L ,- � '-- Wi* VARIi N co �, o J o� ct0 I j sS I(� 0 O / N. w ti \ 99 J'� , N. ' (n 9 \ / (n �fpR , LoT A 6 � � z m � I J w � z MS 'r 7/ 1 0-- 1 ';• �221 28-2 I Q_ -r I 4 L 6 - 99,E C 1 _ .O, �o o o o V� rn o j `� � "'ii 1 ?02-050-006 J ` 4q' I \ " qq POB RADIAL TABLE I R2 - S78°11'37"E LEGEND TABLE TABLE LINE CURVE (R) Indicates Radial Bearing POB Point of Beginning L5 - S01°28'23"W 65.04' C1 - 0=02°20'48" R=446.00 ( ) Title to State L6 - N09 27'35 E 35.94' i (i i L Access Prohibited L7 - N49° 32'46"W 1 2.08' L=1 8.27' NOTES 2212 S-2 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain FEE ACOUISITION ground distances. All distances are in feet unless otherwise noted. I FEET 0 25 50 100 150 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 714)7Ana, 1n 7373/(714')545-B883 (Fax) DATE: 10-26-2011 REV. 6: 01-22-2014 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 3. 6 2 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PSOMAS EXHIBIT `CV LEGAL DESCRIPTION Caltrans Parcel No. 22128-3 Permanent Wall Footing Easement APN 102-050-013 and 018 In the County of Riverside, State of California, being a portion of the land described in the deed recorded May 3, 2005 as Document No. 2005-0350811 of Official Records of said County, described as follows: Beginning at the most westerly corner of said land; thence South 76° 15'55" East 183.13 feet along the general northerly line of said land to a point thereon, said point being the beginning of a non -tangent curve, concave southerly, having a radius of 1,500.00 feet, to which point a radial line bears North 13°44'54" East; thence easterly continuing along said general northerly line and said curve 252.62 feet through a central angle of 09°38'58" to a point thereon, said point being the True Point of Beginning, said point also being the beginning of a non -tangent curve, concave southerly having a radius of 802.19 feet, to which point a radial line bears North 11°54'05" East; thence westerly along said curve 34.30 feet through a central angle of 02°26'59"; thence North 80°32'54" West 185.29 feet to the beginning of a curve concave northerly having a radius of 279.95 feet; thence westerly along said curve 41.45 feet through a central angle of 08°29'03"; thence North 72°03'52" West 42.01 feet to the beginning of a curve concave southerly having a radius of 309.00 feet; thence westerly along said curve 38.36 feet through a central angle of 07°06'4.5" to the beginning of a reverse curve concave northerly having a radius of 1,935.81 feet; thence westerly along said curve 25.19 feet through a central angle of 00°44'44" to a point on the southwesterly line of said land, said point lying South 49°32'46" East 76.92 feet from said most westerly corner; thence South 49°32'46" East 14.92 feet along said southwesterly line to a point thereon, said point being the beginning of a non -tangent curve concave northerly having a radius of 1,943.06 feet, to which point a radial line bears South 11°11'01" West; thence easterly along said curve PA2PTG0105011SURVEY\LI GALS\22128_APN 102-050-002, 013,014,016,018\Legals\22128-3__PE.doe 1 /22/2014 Page 1 of 2 EXHIBIT A, PAGE 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS 12.22 feet through a central angle of 00°21'37" to the beginning of a reverse curve concave southerly having a radius of 301.75 feet; thence easterly along said curve 37.46 feet through a central angle of 07°06'45"; thence South 72°03'52" East 42.01 feet to the beginning of a curve concave northerly having a radius of 287.20 feet; thence easterly along said curve 42.53 feet through a central angle of 08°29'03"; thence South 80°32'54" East 13.44 feet; thence South 09°27'06" West 3.75 feet; thence South 80°32'54" East 171.86 feet to the beginning of a curve concave southerly having a radius of 791.19 feet; thence easterly along said curve 50.39 feet through a central angle of 03°38'57" to a point, said point being the beginning of a non -tangent curve concave southerly having a radius of 791.90 feet, to which point a radial line bears North 11°31'49" East; thence easterly along said curve 36.42 feet through a central angle of 02°38'05" to a point on said general northerly line, said point being the beginning of a non -tangent curve concave southwesterly having a radius of 1,500.00 feet, to which point a radial line bears North 25°28'14" East; thence northwesterly along said general northerly line and said curve 54.27 feet through a central angle of 02°04'22" to the True Point of Beginning. Containing 3,675 square feet. See Exhibit `C2' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. Prepared under the direction of Brian E. Bullock, PLS 5260 Date PA2PTG010501\SURVEY\LEGALS\22128_„APN 102-050-002, 013,014,016,018\Legals\22128-3_PE.doe 1/22/2014 Page 2 of 2 EXHIBIT A, PAGE 12 EXHIBIT C2 PARCEL# TITLE AREA A P N 22128-3 ESMT 3675 SO. FT. 102-050-013 & 018 ROUTE 91 RIVERSIDE 2 TRACT TRACT RADIAL ROUTE q ROUTE 185 POD - N9.9o� 2 LUT A 25E35 I 97 RIVERSIDE FREEWAY 6 7 8 9 190 1 SEE SHEET 3 FOR DETAIL FREEWAY C/L STATIONING 8 9 180 1 EXISTING R/W 2 SHEET AIL ?O' ,k:,(\‘A FoR , NO, Mg 47//10-141 - =-- ------ - M J 7 ° 3 012$ � ( _i O °o�, ,, � v •- NI 1 --1 j� �. ' S OF 1\ ., P ' - - Q v \,0� � 0 ((V 7 -� W co� Co 102-050-005 PoR , ToMAs YJRBA ALLOTMENT N18 2/ 1 SEE FDE-R N 22128-31 96,, / 99� 0�, E 5 2� �. 4N ' '� 5 \ 5°�/ ����G S \'\ P l�- E \- 183.131 109.00' „ W 1 51 .46 63.51' 102-050-006 FOR „ LOT rl NO „ 2 'via4f 7 / 1 0 �- 1 O� TABLE --- - - _ R1 - N13°44'54"E LINE TABLE LEGEND (R) Indicates Radial POB Point of Beginning TPOB True Point of Bearing Beginning L1 - S76°15155"E L2 - S09°26134"W ° L3 - SO1 28 23 L4 - S23°45'26"E ( ) Title to State 1 1 1 1 I Access Prohibited NOTES 22128-3 PERMANENT WALL FOOTING EASEMENT - PREPARED BY: PSOMAS Santo Ana, C liforrniae92707 200 (714)751-7373/(714)545-8883 (Fax) DATE: 10-26-2011 REV. 6: 01-22-2014 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V -l/1 11II,1- A 91 MA ell- ... 3.6 1 3 EXHIBIT C2 PARCEL# TITLE AREA APN 22128-3 ESMT 3675 SQ. FT. 102-050-013 & 018 ROUTE 91 RIVERSIDE FR--li EEWAY Y POB x ► _R/W S76° 7 5,55"E 183.13, �6 4,-22°45,34„ <92, . L1=09°38,58" R_R=15ppapp c�, �r Sppapp, 14.92' ._ C3 C2 � — — _ _�J- /����. . L. 5 — C� '"� C �'ai'�a��//I� N80° 32'54 "W • ,. 8 S'9 3 _ L7 580.32'54"E 2 PROPOSED R/W -- 96F C -5 9 C,252a6 .04 \ 1 85.29' — 1 71 .86' _ 102-050-006 22128-3 0 FOR, 107 A DOC. NO. 2005-035081 1 , O.R. RADIAL TABLE TRACT NO, 2586 ME3 47/ 1 0- 1 ', R1 — N1 3°44'54"E PORE LOT T A R2 — S 1 1 ° 34'08"W 993 RA C r NO, 25E3S R3 — S11°11'01"W .0 , M2 47/10— 1''r N. LINE TABLE L5—N72°03'52"W 42.01 ' L6—S72°03'52"E 42.01' CURVE TABLE L7—S80°32'54"E 13.44' C1 — 0=08°29'03" R= 279.95' L=41.45' L8—S09°27'06"W 3.75' C2 — 0=07°06'45" R= 309.00' L=38.36' LEGEND C3 — 0=00°44'44" R=1935.81' L=25.19' C4 — 0=00° 21 '37" R=1 94 3.06' L=1 2.22' (R) Indicates Radial Bearing POB Point of Beginning TPOB True Point of Beginning C5 — 0-07°06'45" R— 301.75' L-37.46' ° C6 — 0=08 29 03 R= 287.20 L=42.53 ( ) Title to State i i ( 1 t Access Prohibited NOTES 22128-3 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain PERMANENT WALL FOOTING EASEMENT ground distances. All distances are in feet unless otherwise noted. I - FEET 0 25 50 100 150 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 (714)751-73�3/(70rnio 14154592707 8883 (Fox) DATE: 10-26-2011 REV. 6: 01-22-2014 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V rv1 ur,1r w 91 rse An.- • 3.6 A 2 3 EXHIBIT C2 PARCEL# TITLE AREA A P N 22128-3 ESMT 3675 SO. FT. 102-050-013 & 018 RADIAL TABLE R1 - N13°44'54"E A _ L 1=22°45'3q, RO(J�E Ln _ 6,=09°38'58„ R=15oo. cv �i R;15ooa PROPOSED R/W L5 /1••��%/� N80°32'S4"W _-- 8 �_• L 7 — _58032'S4 "E — _ N7,10o N2a_ 9 5 S „ 97 28'j 4,,E (R; 7 - 00' RI DER L (R� 1 560 1 ° 90 ') Oo L � S95 jpE FRE ` oo) ° 89 Ew% Y 185.29' L_252 62 Cl TPOB �. CI0 1 71 .86' C8 �!"� — i--- — — — -+ _ _ C . 22128-3 0 �I10 I ,10 - �' I `i''o °'' o 1 s79 ° 0i i -i � I II I ll �1� �96F DOC. NO. 2005-035081 1 , O.R. ���11� 1 5 POR , LOT A wlw �Icc i L� —I� �. fir) 7;-ADT NO 52 nICV Lti c 1 102-050-006 WI I Me 4 7/ 1 U- 14 oiLr= Iw 1 `1� .sire 0161 Ln I N O I V 1 ��� LL� POR, LOT A ° 1° „or i . -I1 TRACT NO, 2505 -NY) I�10 1 c ,�I M8 '17/ 1 0- 1 '4 zlz p,1- 993 2 z 1 LINE TABLE .0- 1 L1 - S76° 1 5'55"E 1 83.1 3' 1 L5 - N72°03'52"W 42.01 ' L6 - S72°03'52"E 42.01 ' I L7 - 580°32'54"E 13.44' 1 L8 - S09°27'06"W 3.75' CURVE TABLE 1 LEGEND C1 - A=08°29'03" R= 279.95' L=41.45' (R) Indicates Radial Bearing POB Point of Beginning TPOB True Point of Beginning C6 - A=08°29'03" R= 287.20' L=42.53' -'i C7 - A=02°26'59" R= 802.19' L=34.30' C8 - A=03°38'57" R= 791.19' L=50.39' ( ) Title to State C9 - A=02° 38'05" R= 791 .90' L=36.42' it II l Access Prohibited C10 - A=02°04/22" R=1500.00' L=54.27' NOTES 22128-3 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain PERMANENT WALL FOOTING EASEMENT ground distances. All distances are in feet unless otherwise noted. I FEET 0 25 50 100 150 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santa75 n 7373/i(714)545-8 83 (Fax) DATE: 10-26-2011 REV. 6: 01-22-2014 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 r 3. 6 3 3 IDII to F'/117C ID PS OMAS EXHIBIT `D1' LEGAL DESCRIPTION Caltrans Parcel No. 22128-4 Temporary Construction Easement APN 102-050-013 and 018 In the County of Riverside, State of California, being a portion of the land described in the deed recorded May 3, 2005 as Document No. 200.5-035081 l of Official Records of said County, described as follows: Beginning at the most westerly corner of said land; thence South 76°15'55" East 183.13 feet along the general northerly line of said land to a point thereon, said point being the beginning of a non -tangent curve, concave southerly, having a radius of 1,500.00 feet, to which point a radial line bears North 13°44'54" East; thence easterly continuing along said general northerly line and said curve 306.89 feet through a central angle of 11'4320" to a point thereon, said point being the True Point of Beginning; thence easterly, continuing along said general northerly line and said curve 40.65 feet through a central angle of 01 °3 3' 10" to a point thereon, said point being the beginning of a non - tangent curve concave southerly having a radius of 784.40 feet, to which point a radial line bears North 17°04'1 l." East; thence westerly along said curve 75.94 feet through a central angle of 05°32'49" to a point, said point being the beginning of a non -tangent curve concave southerly having a radius of 783.69 feet, to which point a radial line bears North 13°06'30" East; thence westerly along said curve 50.02 feet through a central angle of 03°39'24"; thence North 80°32'54" West 44.29 feet; thence South 09°27'06" West 7.50 feet; thence North 80°32'54" West 34.56 feet; thence North 75°24'55" West 141.51 feet; thence North 72" 15'43" West 89.84 feet to a point on the southwesterly line of said land; thence North 49°32'46" West 11.71 feet along said southwesterly line to a point thereon, said point being the beginning of a non -tangent curve concave northerly having a radius of 1,943.06 feet, to which point a radial line bears South 11°11'01" West; thence easterly along said curve 12.22 feet through a central angle of 00'21'37" to the beginning of a PA2PTG010501\SURVEYILEG ALS\22128_APN 102-050-002, 013,014,016,018\Legals\22128-4._TCE.doe 1/22/2014 Page 1 of 2 EXHIBIT A, PAGE 16 PS OMAS reverse curve concave southerly having a radius of 301.75 feet; thence easterly along said curve 37.46 feet through a central angle of 07°06'45"; thence South 72°03'52" East 42.01 feet to the beginning of a curve concave northerly having a radius of 287.20 feet; thence easterly along said curve 42.53 feet through a central angle of 08°29'03 "; thence South 80°32'54" East 13.44 feet; thence South 09°27'06" West 3.75 feet; thence South 80°32'54" East 171.86 feet to the beginning of a curve concave southerly having a radius of 791.19 feet; thence easterly along said curve 50.39 feet through a central angle of 03°38'57" to a point, said point being the beginning of a non -tangent curve concave southerly having a radius of 791.90 feet, to which point a radial line bears North 11°31'49" East; thence easterly along said curve 36.42 feet through a central angle of 02°38'05" to the True Point of Beginning. Containing 3,796 square feet. See Exhibit `D2' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 099997476. Prepared under the direction of Brian E. Bullock, PLS 5260 Date PA2PTG010501\SURVI Y\LEGALS\22128_APN 102-050-002, 013,014,016,018\Legals\22128-4_ TCE.doe 1/22/2014 Page 2 of 2 EXHIBIT A, PAGE 17 EXHIBIT D2 PARCEL# TITLE AREA A P N 22128-4 TCE 3796 S0° FT. 102-050-013 & 018 ROUTE 97 RIVERSIDE FREEWAY 8 9 180 1 2 3 _ 4 185 6 7 8 9 190 1 ROUTE 91 RIVERSIDE POB EXISTING SEE SHEET 3 FOR DETAIL FREEWAY C/L STATIONING R 1 R 1 SOOS 34 �� `�° -k°e -�S 8q , ��J� �rL� �\ r) J � 1 � �� �990 s �� �1 POR, TOMAS YOR�A .. 22128-4 � ALLOTMENT `3� l F,� �.. 40 ma 2/ l of<, oe°� 96 *' POR , LOT A TRACT NEJ 585 9v M8 47/ 1 0- 14 3 o DOC. NO. 2005- °35081 1 , O.R. O <� w 102-050-006 CJ FOR, LOT A TRADT NO., 2525 MA 47/J0-14 RADIAL TABLE R1 — N13°44'54"E LEGEND LINE TABLE (R) Indicates Radial Bearing POB Point of Beginning TPOB True Point of Beginning Ll — S76° 1 5'55"E 1 83.1 3' ° „ L2 — S09 26'34 W 109.00 °28'23"W ( ) Title to State L3 — S01 1 51 .46' ) t () t Access Prohibited L4 — S23°45'26"E 63.51 ' NOTES 22128-4 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain TEMPORARY CONSTRUCTION EASEMENT ground distances. All distances are in feet unless otherwise noted. F FEET 0 100 200 400 600 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santa Ano California 92707 (714)751.7373/(714)545--B883 (Fax) DATE: 10-26-2011 REV. 6: 01-22-2014 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS p R I V rv, unrr w 91 r+w r.r en 3 o 6 1 3 EXHIBIT D2 PARCEL# TITLE AREA APN 22128-4 TCE 3796 SQ. FT. 102-050-013 & 018 EWAY y ROUTE- 91 RIVERSIDE FRE"ii POB S76° 15.55 E T :/A 183.13' 9 Q_�7o43g203q5�" R=15 �a89, C4 a,i R_�5p0 00, �`S9 C-306. _ PROPOSED R/W 9. :�ti� FZ � ��.,+mi ` L 1 0 S80°32'54'E 171.86' N75°24'S5„w 4/990 141.57' L5 �?- L7 in 96'* 22128-4 L6 '` 102-050-006 1 O.R. FOR, LOT A DOC. NO. 2005-035081 , FOR, LOT A TRACT NO, 2595 TRACT NO 595 MS 4 7/ 1 O- 1 'f M2 '1i7/ 1 O- 1 't 993 '0). LINE TABLE RADIAL TABLE L5 - N80°32'54"W L6 - S09 27'06' 44.29' W 7.50 R1-N13°44'54"E L7 - N80°32'54"W 34.56' R2-S11°11'01"W L8 - N72°15'43"W 89.84' L9 - S72°03'52"E 42.01 ' LEGEND L10 - S80°32154"E 13.44' (R) Indicates Radial Bearing L11 - 509°27'06"W 3.75' TPOB True Point of Beginning CURVE TABLE POB Point of Beginning C4 - R=1 943.06' L= 1 2.22' 0=00° 21 '37" ( ) Title to State C5 - R= 301.75' L= 37.46' A=07°06'45" i 1) i t Access Prohibited C6 - R= 287.20' L= 42.53' 0=08°29'03" NOTES 22128-4 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. TEMPORARY CONSTRUCTION EASEMENT Divide by 0.99997476 to obtain 1•� ground distances. All distances are I in feet unless otherwise noted. FEET 0 25 50 100 150 PREPARED BY: DATE: 10-26-2011 REV. 6: 01-22-2014 EA: OF540 FPO*: PSOMAS DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 3 Hutton Centre Drive, Ste. 200 Santo Ana, Coli'ornia 92707 1714)751-7373/(714)545-8883 (Fox) 8 R I V rvlun 1T w 91 r,w �r en 3. 6 2 3 EXHIBIT D2 PARCEL# TITLE AREA APN 22128-4 TCE 3796 SO. FT. 102-050-013 & 018 CURVE TABLE C1 - R=1 500.00' C3 - R= 783.69' C7 - R= 791 .19' C8 - R= 791 .90 `L 1 6'=1 1 �` PROPOSED L 9 •111a/L Lg N75024,5S80°32'54'E L= 40.65' A=01 °33'10" L= 50.02' 0=03°39;24" R��' C 97 L= 50.39' 0=03°38"�7„ RI VERSIDE L= 36.42 0=02 38 05 F' IE 14/4 ), _ N25° °43'2po45'34" N14o-�9�55"rE (R` 75,, R_ 15� -15p0 p0 iR; j 1• 90 )-)M p° p0' i -59 R/W 1 L10 T ► G � L `306° 8g Se 84 , i l L 1 1 Q i / 171.86' C7 5 W 141.51' L5 C3 C8 C7 L 7 ) r, C 2�"' , 22128-4 L6 � i "'.. ^'� �o �- o o 99� DOC. NO. 2005-03508119 O.R. cox - �o �o � - ,- ,- ,°' � N._ � o a- 96,, Porgy , L aT A ,( )) „ n I n„ ,� v TRAC-T No, 5E35 ccct ctcc x� °° �ti �N- O N 7,00l Op ;`-N O „- I ��n WW (D ^ (o `- V) N n ,� On on V-- N 102-050-006 'o- "n " I '�N o 0 �z z Zz �� PoR , I o7 A 99..i z z N TR,(-1DT No, 25@5 .c>- I zz Ms' ',%/ J o- J } I \ RADIAL TABLE I r] MfAsJ\� fDRJ R1 - N13 44 54 E I`] LINE TABLE I Jrii4P-Nr l�l_; — LEGEND L1 - S76° 1 5'55"E 1 83.1 3' - L5 - N80°32'54"W 44.29' (R) Indicates Radial Bearing TPOB True Point of Beginning POB Point of Beginning L6 - S09o27'06' W 7.50" L7 - N80°32'54'W 34.56' L8 - N72° 1 5'43' W 89.84' L9 - 572 03'52' E 42.01 ' ( ) Title to State L10 - S80°32'54"E 13.44' l i c i t Access Prohibited L 1 1 -- 509° 27'06"VY 3.75' NOTES 22128-4 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain TEMPORARY CONSTRUCTION EASEMENT ground distances. All distances are in feet unless otherwise noted. i immm1 FEET 0 25 50 100 150 PREPARED BY: PSOMAS Hutton SantaAna, Californiac 92707 200 (714)751-7373/(714)545-B1363 (Fax) DATE: 10-26-2011 REV. 6: 01-22-2014 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 3. 6 3 3 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PSOMAS EXHIBIT `E1' LEGAL DESCRIPTION Caltrans Parcel No. 22128-5 Temporary Construction Easement APN 102-050-002 and 014 In the County of Riverside, State of California, being a portion of the land described in the deed recorded May 3, 2005 as Document No. 2005-0350811 of Official Records of said County, described as follows: Beginning at the most southerly corner of said land; thence North 49°32'46" West 150.69 feet along the southwesterly line of said land to a point thereon, said point being the True Point of Beginning; thence North 49°32'46" West 111.21 feet continuing along said southwesterly line to a point thereon; thence North 40°27'14" East 10.00 feet; thence South 49°32'46" East 111.21 feet; thence South 40°27'14" West 10.00 feet to the True Point of Beginning. Containing 1,112 square feet. See Exhibit `E2' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. Prepared under the direction of Brian E. Bullock, PLS 5260 Date P:12P'LGO10501\SURVEY\LEGALS\22128_APN 102-050-002,013,014,016,018\1,egals\22128-5_TCE.doc 1/22/2014 Page 1 of l EXHIBIT A, PAGE 21 EXHIBIT Fs2 PARCEL# TITLE AREA APN 22128-5 TCE 1112 SQ. FT. 102-050-002 & 014 ROUTE 91 RIVERSIDE FR I EENAY 8 9 180 1 2 3 I 4 185 6 7 8 9 190 1 ROUTE 91 RIVERSIDE FREEWAY C/L STATIONING EXISTING R/W s _ _ _ _ �q L 1 4=2 ° �� c.) �� L,s9v0.00, 102-050-005 . J� -----------s - =-S'8, f/��q �cs.{ 0 FOR.,O M AS y r R S A Q�oQoS� ti99 o / 1 NJ2 2/7 3-' q6 1 ° 30' Za E I P J i� LOT AL- N36 lR 221 28- 5 " Chi TRACT NO, 2525 99,.. x NIA 'i-1/ 1 0- 1' J Q' SEE SHEET 2>\ 102-050-006 FOR DETAIL ` cv DOC. NO. 2005- ?OR, LOT A 035081 1 , O.R. TRACT NO, 2525 `. MEI '; J/ 1 0 - 1 } _ J j T,�, �e � POB O - [ ,� J O 00, O> c-� RADIAL TABLE \ R1 - N13°44'54"E LEGEND-i LtNE TABLE (R) Indicates Radial Bearing TPOB True Point of Beginning POB Point of Beginning L1 - S76°15'55"E 183.13' L2 - S09°26'34"W 109.00' °28'23"W ( ) Title to State L3 - S01 1 51 .46' ) it Access Prohibited L4 - S23°45126"E 63.51' NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain 22128-5 TEMPORARY CONSTRUCTION EASEMENT ground distances. All distances are in feet unless otherwise noted. I plimmommi FEET C 100 200 400 600 PREPARED BY: PSOMAS 3 Centreive, Ste. Sontoton Ana, Califorrnia 92707 200 (714)751-7373/(714)545-8883 (Fox) DATE: 02-12-2013 REV. 1: 01-22-2014 EA: 0E540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R t V --- — 91 — -- 7 3.7 1 2 EXHIBIT E2 PARCEL# TITLE AREA A P N 22128-5 TCE 1112 S0. FT. 102-050-002 & 014 FDR 701N/1AS Y0REI,L1 l Me 2/ l \ i i ------_._._�___ ---._..._�_�_ , � i ----fi DOCe NO. 2005-035081 1 , O.R. /1490o I VWIDTH ARKS 7 2�- POR , LOT A /in Op �9 _ri�r10'7 NOJJc3J / N (--, loll EI '; l/ 1 0- 1 '; 3 o C.)S9g o in Q \ /\ 1i�•?29 /cc Ct `,D7-6F 22128-5) / cD 2!ti 777 / 990 .s"7 cc l 3`-- 96 , S90 0 / w� � I j 0 I J w U 1 POR ,, LOT A -r;�r��T NO , 2525 AIDE '' l/ 1 0 -- 1 ';• _ iY 7 `j% L to Op079�, �C a cr �44 IQ i /S o 6 I 99� 9 I Q n OLi- Zoo (:: N al f �I I � � � �' i 102-050-0061 Off' 44' qq, 1` POB ( I LEGEND (R) Indicates Radial Bearing TPOB True Point of Beginning POB Point of Beginning ( ) Title to State I ( I i t Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing ore grid distances. Divide by 0.99997476 to obtain 2 2 1 2 8— 5 TEMPORARY CONSTRUCTION EASEMENT ground distances. All distances ore in feet unless otherwise noted. i TmismiF--- ` I FEE) 0 25 50 100 150 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200Santa Ana, Calia 92107 (714)751-7373/(714r)545-8663 (Fax) DATE: 02-12-13 REV. 1: 01-22-2014 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS pp 8 �)T\/ R 1 V 91 3. 6 2 2 PS OMAS EXHIBIT `F1' LEGAL DESCRIPTION Caltrans Parcel No. 22128-6 Temporary Construction Easement APN 102-050-002 and 010 In the County of Riverside, State of California, being a portion of the land described in the deed recorded May 3, 2005 as Document No. 2005-0350811 of Official Records of said County, described as follows: Beginning at the most southerly corner of said land; thence North 49°32'46" West 12.08 feet along the southwesterly line of said land to a point thereon, said point being the True Point of Beginning; thence North 49°32'46" West 15.23 feet continuing along said line to a point thereon; thence North 09°26'47" East 67.15 feet; thence North 80°33'13" West 19.61 feet; thence North 18°20'49" East 61.22 feet; thence South 69°42'53" East 3.73 feet; thence North 20° 17'07" East 58.02 'feet to the beginning of a curve concave westerly having a radius of 64.45 feet; thence northerly along said curve 70.64 feet through a central angle of 62°48'13"; thence North 47°28'54" East 17.97 feet to a point on the general easterly line of said land; thence along said general easterly line the following two (2) courses: 1) South 23°45'26" East 19.14 feet and 2) South 01°28'23" West 86.42 feet; thence South 09°55'26" West 112.99 feet; thence South 09°27'35" West 35.94 feet to the beginning of a curve concave westerly having a radius of 446.00 feet; thence southerly along said curve 18.27 feet through a central angle of 02°20'48" to the True Point of Beginning. Containing 4,098 square feet. See Exhibit `F2' attached hereto and made a part hereof. PA2PTG010501\SURVEMEGAL.S\22128_APN 102-050-002, 013,014,016,018\Legals\22128-6_TCE.doc 1/22/2014 Page 1 of 2 EXHIBIT A, PAGE 24 PSOMAS The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. Prepared under the direction of Brian E. Bullock, PLS 5260 Date 22 P:A2PTG010501\SURVEYNL.EGALS\22128_APN 102-050-002, 013,014,01E,018\Legals\22128-6_fCE doc I/22/2014 Page 2 of 2 EXHIBIT A, PAGE 25 EXHIBIT F2 PARCEL# TITLE AREA A P N 22128-6 TCE 4098 SO. FT. 102-050-002 & 010 ROUTE 9 $ 9 1 80 1 2 � RIVERSIDE FREEWAY i 185 6 7 8 9 190 1 ROUTE 91 RIVERS E FREEWAY C/L STATIONING EXISTING R/W ��' i -a� ��`_ e�, e� R-1500 r) 4" " �����i 1 95.8 0 l 102-050-005 - ,._ �I`N ------___r--=- __ _ 4' f �(��1 ,(<) E� FOR, 0�1 R5roe99�9I 1 ALLOTMENT /J /l Q-?-6 I i N, Za" E <_ I 36° 30 I FOR, LOT AL_ N lR ._ _ I to TRACT NO, 253S N MJ 4 7/ 1 0-- 1 '1 99� 221 28-6 . o , � - �'q i� �. 102-050-006 i J I� DOC . NO. 200)5- FOR, LOT A 0350811, O.R. TRACT NO, 2585 ,, M5 ''r7/ 1 0- 1 -'r �\ rSEE SHEET 2" - / I� o3 ._ �Q- ' FOR DE TAIL � (,), RADIAL TABLE \ R1 - N13°44'54"E LINE TABLE LEGEND L1 - S76o15'55"E 183.13' (R) Indicates Radial Bearing POB Point of Beginning L2 - S09 26 34"W 109.00 ( ) Title to State L3 - S01°28'23"W 151.46' t ) t i t Access Prohibited L4 - S23°45'26"E 63.51 ' NOTES 22128-6 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain TEMPORARY CONSTRUCTION EASEMENT ground distances. All distances are in feet unless otherwise noted. I FEET 0 100 200 400 600 PREPARED BY: PSOMAS Santo Ano, Califarniae92 07 200 (714)7Si-7373/(714)54S-8FM (Fax) DATE: 01-22-2014 REV.: EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V t- .s 91 ..r- AA 3.7 1 2 EXHIBIT F2 PARCEL# TITLE AREA APN 22128-6 TCE 4098 SO. FT. 102-050-002 & 010 LINE TABLE L5 - N49° 32'46"W 1 L6 - N49° 32'46"W 1 L7 - N09°26'47"E 67.15' L8 - N80 33 13 W 19.61 L9 - N1 8°20'49"E 61 L10 - S69 42'53 E 3.73 L11 - N20°17'07"E 58.02' L12 - N47°28'54"E 17.97' L13 - S23°45'26"E 19.14' L14 - S09°27'35"W 35.94' DOC. NO. \ TRAcT \ \ / \ 2.08" 5.23' FOR, iri" TOMAS YJRrr1 ,'' , ALLJT1�/l�NT N `'' .22' M2 7/ l � _--1—`-- --- ---- 2005-035081 1 , O.R. J PoR, LoT A No, 2595 L10s M5 ''r l/ 1 0- J 4 N \ - � , 523° 4 63.51 1.0 � in a- N O Lu 09 ° O o 2 % 5'26"E WID VARIES � x 0 � � I H o O o / tig90 \ (221 28-6 iv Z / .�2 r'JR ,, LJT A \ in \ is) q 6'!y � v) w J TRACT, Me ! I No, 2535 4i/ J O- J 4 ! Lg l -J 9q / No '- = � , �o NC5 ° O O `� N 0 Q LL. cc w (f) 102-050-006 44' TPOB 44' Cv PQB RADIAL TABLE LEGEND R1 - N47°28'54"E -i (R) Indicates Radial Bearing TPOB True Point of Beginning POB R2 - S78° 1 1 '37"E CURVE TABU Point of Beginning C1 - R= 64.45' L=70.64' 0=62°48'1 3" ( Title to State ((( ) t Access Prohibited C2 - R=446.00' L=1 8.27' A=02°20'48" NOTES 22128-6 Coordinates and bearings ore on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain TEMPORARY CONSTRUCTION EASEMENT ground distances. All distances are in feet unless otherwise noted. i_--- rEET 0 25 50 100 150 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 (714)7 Ana, California (Fax) DATE: 01-22-2014 REV.: EA: OF540 FA$t: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V Ir,c"_uni,- w 91 r�_ses,._^ 3. 6 2 2 cnnio1 I /1, r/1<7C RON No. 1N NOTICE OF HEARING TO CONSIDER ADOPTION OF A RESOLUTION OF NECESSITY Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, May 14, 2014, at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, located at 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of real property interests in property that, according to the last equalized county assessment roll, is owned by you. The public use for which this resolution of necessity will be considered is for the SR-91 Corridor Improvement Project in Riverside County, California. The definition of the property rights to be acquired, together with the legal descriptions and corresponding depictions, are attached to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project. 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. 17336.02100\8682248.1 Pursuant to California Code of Civil Procedure section 1245.235(b)(3), your failure to file a written request with RCTC to appear and be heard within 15 days from the date that this Notice is mailed may result in the waiver of your right to appear and be heard on the above -stated matters and issues that are the subject of the hearing. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3`d Floor Riverside, California 92501 DATE OF HEARING: PLACE OF HEARING: DATED: March 28, 2014. Wednesday, May 14, 2014 9:30 a.m. Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 BEST BEST RIEGER LLP Mar ster Artin N. haverdian Attorneys for Riverside County Transportation Commission 17336.02100\8682248.1 PROOF OF MAILING NOTICE I, Sandra Rosales, acting on behalf of the Riverside County Transportation Commission, hereby certify that on March 28, 2014, I mailed a copy of the attached notice by first-class mail to the following owners and other interested parties of real property located in the County of Riverside, State of California, more particularly described as to Assessor Parcel No. 118-330- 009 (CPNs 22175-1, 22175-2, 22175-3, 22175-4, 22175-5 and 22175-6): Dvorak & Payne LTD 1570 E. Edinger Avenue, #12 Santa Ana, CA 92705 Dvorak & Payne, Ltd. c/o David Dvorak P. O. Box 1208 Carpinteria, CA 93014 Dvorak & Payne, Ltd. 1441 Pomona Road Corona, CA 92882 Kevin H. Brogan, Esq. Hill, Farrer & Burrill LLP One California Plaza, 37th Floor 300 South Grand Avenue Los Angeles, CA 90071-3147 Dated: March 28, 2014. Record Owner Record Owner Record Owner Courtesy Copy Sandia Xtosales 17336.02100\8682248.1 PS OMAS 2 EXHIBIT `Al' LEGAL DESCRIPTION 4 Caltrans Parcel No. 22175-1 5 Fee Acquisition 6 APN 118-330-009 7 8 In the City of Corona, County of Riverside, State of California, being a portion of 9 Parcel 1 as shown on that certain Parcel Map filed in Book 40, Pages 65 and 66 of Parcel 10 Maps, Records of Riverside County, California, described as follows: 11 12 Beginning at the southwesterly corner of said Parcel l; thence along the westerly line of 13 said Parcel 1, North 07°59'08" East 29.18 feet to the beginning of a non -tangent curve, 14 concave southerly, having a radius of 5,172.00 feet, a radial line to said beginning bears 15 North 07°50'48" West; thence leaving said westerly line, and traveling easterly 16 196.53 feet along said curve, through a central angle of 02°10'38" to a point on the 17 easterly line of said Parcel 1, distant thereon 30.12 feet from the southeasterly corner 18 thereof; thence along said easterly line and the southerly line of said Parcel 1, the 19 following three (3) courses: 20 1. South 07°58'36" West 30.12 feet to a curve concave southerly having a radius of 21 5,153.00 feet, a radial line to said curve bears North 05°38'03"West; 22 2. Westerly 172.88 feet along said curve through a central angle of 01°55'20" to the 23 beginning of a reverse curve, concave northerly, having a radius of 366.00 feet; 24 3. Westerly 23.42 feet along said curve, through a central angle of 03°39'57" to the 25 southwesterly comer of said Parcel 1 and the Point of Beginning. 26 27 Contains 5,708 square feet 28 29 30 31 M:12PTG010501\SURVEY\LEGALS122175_APN_118-330-0091Lega1122175-1.docx Page 1 of 2 11/21/13 EXHIBIT A, PAGE 1 PSOMAS The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. See Exhibit `26k2' attached hereto and made apart hereof. Prepared under the direction of Jeremy L. Evans, PLS 5282 1‘•ZS•2013 Date M:12PTG0105011SURVEYILEGALS122175_APN_118-330-0091Lega1122175-1.docx Page 2 of 2 11/21/13 EXHIBIT A, PAGE 2 EXHIBIT A2 PARCEL# TITLE GRANTOR AREA APN 22175-1 FEE DVORAK & PAYNE LTD 5,708 SF 118-330-009 CURVE TABLE RADIAL TABLE C1 - A=2°10'38" R=5172.00' L=196.53' R1 - S03°53'26"E C2 - A=1 ° 55'20" R=51 53.00' L=1 72.88' R2 - N05° 38'03"W C3 - A=3°39'57" R= 366.00' L= 23.42' R3 - N07°50'48"W R4 - N05°40'10"W N82°03'23"W r 189.99' ; LINE TABLE L1 - N07°59'08"E 29.18' L2 -- S07°58'36"W 30.12' 118-320-007 rn N l0 in co O a � Q . * 1~ ram- N . cr Poi ) ' ?� � Q �1 18-330-1 1 7 w PGI 2 pci 3 Co o w PARCEL MAP is P,M.,S, 40/65`.'r.Jc� 118-320-008 "' 0 1 1 ,,, U M 1 I O W I rn ! O z PrL 1 R,S., 45/ 0 1--- 1 O 1 z 1 s.. �� 1,0 1 r--o -�� rr) to 00 (n z . o ING STREET R / W - xISS z II 1 � RpAD DROP° E /w _ - �y - - m � pMpN A �aro c,IRE _) N cr 0 REEV4 ° ' C3 pB - 1 RI �ERSIDE P _ Rfl--TSTAAIO��NG FREEWAY DE 265 FW Y R/ N� PO R/W DIVERS 4 1 RIVE pRpPpSED IS1 TE g 3 E ROU 2 LEGEND (R) Indicates Radial Bearing POB Point of Beginning ( ) Title to State Mil 1 (l Access Prohibited NOTES 22175-1 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. FEE ACQUISITION Divide by 0.99997476 to obtain I ground distances. All distances are in feet unless otherwise noted. FEET 0 50 100 200 00 PREPARED BY: DATE: 10-24-2011 REV. 4: 11-12-2013 EA: OF540 FAat: PSOMAS DISTRICT COUNTY ROUTE SHEET PPS SHEET NO. TOTAL SHEETS 3 Hutton Centre Drive Ste. 200 Santo Ana, Californic 92707 (714)751-7373/(714)545-8883 (Fox) 8 R IV 91 5.0 1 1 EXHIBIT A, PAGE 3 PS OMAS 1 EXHIBIT `Bl' 2 LEGAL DESCRIPTION 3 4 Caltrans Parcel No. 22175-2 5 Temporary Construction Easement 6 APN 118-330-009 7 8 In the City of Corona, County of Riverside, State of California, being a portion of 9 Parcel 1 as shown on that certain Parcel Map filed in Book 40, Pages 65 and 66 of Parcel 10 Maps, Records of Riverside County, California, described as follows: I1 12 Beginning at a point on the westerly line of said Parcel 1, distant thereon 29.18 feet from 13 the southwesterly corner thereof; thence along said westerly line, North 07°59'08" East 14 15.59 feet to the beginning of a non -tangent curve, concave southerly, having a radius of 15 5,187.00 feet, a radial line to said beginning bears North 07°47'59" West; thence leaving 16 said westerly line and traveling easterly 196.49 feet along said curve through 17 a central angle of 02°10' 14" to the easterly line of said Parcel 1; thence along said 18 easterly line, South 07°58'36" West 15.43 feet to a point distant thereon 30.12 feet from 19 the southeasterly corner of said Parcel 1, said point being the beginning of a non -tangent 20 curve, concave southerly, having a radius of 5,172.00 feet, a radial line to said beginning 21 bears North 05° 40' 10" West; thence leaving said easterly line and traveling westerly 22 196.53 feet along said curve through a central angle of 2° 10'38" to the westerly line of 23 said Parcel 1 and the Point of Beginning. 24 25 Contains 2,948 square feet 26 27 The distances described herein are grid distances and are based on California Coordinate 28 System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing 29 grid distances by the mean combination factor of the courses being described. The mean 30 combination factor for this conversion is 0.99997476. 31 MA2PTG010501\SURVEY\LEGALS\22175 APN_118-330-0091Lega1122175-2.docx Page 1 of 2 EXHIBIT A, PAGE 4 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS oMAs See Exhibit ` 32' attached hereto and made apart hereof. Prepared under the direction of Jeremy L. Evans, PLS 5282 1 l • Zia • lot S Date M:12PTG0105011SURVEYILEGALS\221.75_APN 118-330-0091Lega1122175-2.docx Page 2 of 2 EXHIBIT A, PAGE 5 EXHIBIT B2 PARCEL# TITLE GRANTOR AREA APN 22175-2 TCE DVORAK & PAYNE LTD 2,948 SF 118-330-009 CURVE TABLE L1NE___TARI F Cl - A=2°10'14" R=5187.00" L=196.49' L1 - N07°58'36"E 30.12' C2 - A=2° 10'38" R=51 72.00' L=1 96.53' L2 - N07° 59'08"E 29.1 8' C3 - A=1 ° 55'20" R=51 53.00' L=1 72.88' L3 - N07° 59'08"E 1 5.59' C4 - A=3°39'57" R= 366.00' L= 23.42' _ L4 - S07° 58'36"W 1 5.43' N82°0323W RADIAL TABLE R1 - N07° 50'48"W R2 - N07°47'59"W R3 - N05° 37'45"W 1 1 8-320-007 rn "rn R4 - N05° 38'03"W `v _I co � # 4 • R5 - S03° M � 53'26"E PARDEL MAP P,M,El,, lit 0/'c> -66 Li18-330-777 o O Lt) I Pc1_ 1 PAL 2 PoL 3 118-320-008 � 1 1 - o z PCL J R,Ss ,5/20 POB I I I G; i II _ - o (J o IIZ rn zo �XISTIN C rn rn V-A � o R/W SIRE p R4 - +✓ 4 G R5 R �wY ��W E FREEWAY sw CEL ORNE66 1 R I v E R s i 265 6 PROPOS WO ?05 40 �65 Rou T E 9 a FWD R7 3 2 LEGEND (R) Indicates Radial Bearing POB Point of Beginning —_.._—•f-"- ( ) Title to State I l I i I ACCe55 Prohibited NOTES 22175-2 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain TEMPORARY CONSTRUCTION EASEMENT ground distances. All distances are in feet unless otherwise noted. 1 �1 FEET 0 50 100 200 00 PREPARED BY: PSOMAS 3 Hutton Centre give Ste. 200 Santa Ana, California 92707 (714)751-7373/(71415-05-B$S3 (Fax) DATE: 10-24-2011 REV. 4: 11-12-2013 EA: OF540 FAn: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R 1 V 91 5. 0 1 1 EXHIBIT A, PAGE 6 PSOMAS EXHIBIT `CV LEGAL DESCRIPTION Caltrans Parcel No. 22175-3 Building Demolition Easement APN 118-330-009 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 1 as shown on that certain Parcel Map filed in Book 40, Pages 65 and 66 of Parcel Maps, Records of Riverside County, California, described as follows: Beginning at the southwesterly corner of said Parcel 1; thence North 07°59'08" East 134.82 feet along the westerly line of said Parcel 1; thence South 82°03'18" East 35.55 feet to the True Point of Beginning; thence continuing South 82°03'18" East 118.12 feet; thence South 07°57'41" West 64.71 feet to the beginning of a non -tangent curve concave southerly having a radius of 5,172.00 feet, a radial line to said beginning bears North 06°05'04" West; thence westerly along said curve 122.21 feet through a central angle of 01°21'14"; thence North 08°00'33" East 95.73 feet to the True Point of Beginning. Contains 9,448 square feet The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. See Exhibit `C2' attached hereto and made apart hereof. M:A2PTG010501\SURVEY\LEGALS122175_APN_I18-330-009\Legal\22175-3-BDE.docx Page 1 of 5/18/2012 EXHIBIT A, PAGE 7 PS OMAS 1 2 Prepared under the direction of 3 4 5 8 9 10 11 12 13 14 15 16 17 18 19 20 21. 22 23 24 25 26 27 28 29 30 31 Jeremy L. Evans, PLS 5282 lt•25•Z06 Date M:12PTG0105011SURVEYILEGALS122175_APN_118-330-0091Lega1122175-3-BDE.docx Page 2 of 2 5/ 18/2012 EXHIBIT A, PAGE 8 EXHIBIT C2 PARCEL# TITLE GRANTOR AREA APN 22175-3 BDE DVORAK & PAYNE LTD 9,448 SF 118-330-009 CURVE TABLE LINE TABLE C1 - A=02°10'38" R=5172.00' L=196.53' L1 - N07°59'08"E 134.82' C2 - A=01°55'20" R=5153.00' L=172.88' L2 - S82°03'18"E 35.55' C3 - A=03°39'57" R= 366.00' L= 23.42' L3 - S07°57'41"W 64.71' C4 - A=01 °21 '14" R=51 72.00' L=1 22.21 1 L4 - N08°00'33"E 95.73' 118-320-002 118-330-004 S82'03'23"E RADIAL TABLE f 1 89.99`-- I I ' R1 - S03°53'2611E R2 - N05° 38'03"W R3 - N07°26'17"W 118-320--007 r-) `\J z R4 - N06°05'04"W co �'' i Q. R5 - N07°50'48"W R6 - N05°40'10"W c\J _n N N--) a- 1 18-330- 1 171 r� 118-320-008 w PCL. 1 Prl J PCI 3 0 PCL 1 in r�,S, 1f���U o PARCEL TPOB i ,e MAP 10/5�U ` POB L2 i S81 1 831 28..E ,. ' ZN0 in EXIST ° N- STREET RAW SW LY CORNER PARCEL 1 40/65-66 PROPOSED R5Q Q; —J ����� ...� _ -� R4F a �' AD o POMQ(J A READ STREET R/W R3CA - ' R2----Jl'' C2 03 R1 Pw°pR/WO FREEWAY ------ I p E F 265 �w FY R R S LEGEND 91 RIVE 3 a (R) Indicates Radial Bearing POB Point of Beginning TPOB True Point of Beginning R��TE RSZ� E FREEWAY 2 9. 1 RI��G ti RO T S� Ak ION ( ) Title to State C A- ( ( ( (l Access Prohibited NOTES 22175-3 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtoin BUDDING DEMOLITION EASEMENT ground distances. All distances are in feet unless otherwise noted. I �, FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Sfe. 200 Santo Ana, "olitcrnio 92707 (7'4)751-7373/P14)545-S8U (Fox} DATE: 05-18-2012 REV.: 1: 11-12-2013 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS pp 8 R I V 91 /� 5.0 1 1 EXHIBIT A, PAGE 9 3 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS EXHIBIT `DV LEGAL DESCRIPTION Caltrans Parcel No. 22175-4 Building Access Easement APN 118-330-009 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 1 as shown on that certain Parcel Map filed in Book 40, Pages 65 and 66 of Parcel Maps, Records of Riverside County, California, described as follows: Beginning at the southwesterly corner of said Parcel 1; thence North 07°59'08" East 138.82 feet along the westerly line of said Parcel 1; thence South 82°03'18" East 35.55 feet to the True Point of Beginning; thence North 08°00'33" East 331.68 feet; thence South 81°59'28" East 117.84 feet; thence South 07°57'41" West 331.55 feet; thence North 82°03'18" West 118.12 feet to the True Point of Beginning. Contains 39,123 square feet The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. See Exhibit `D2' attached hereto and made apart hereof. MA2PTG0105011SURVEYILEGALS\22175_APN_118-330-009\Lega1122175-4-BAE.docx Page 1 of 5/18/2012 EXHIBIT A, PAGE 10 PS 4MAS Prepared under the direction of Jeremy L. Evans, PLS 5282 Date WO M:12PTG0105011SURVEY \LEGALS122175 APN 118-330-0041Lega1122175-4-BAE.docx Page 2 of 5/18/2012 EXHIBIT A, PAGE 11 EXHIBIT D2 PARCEL# TITLE GRANTOR AREA APN 22175-4 BAE DVORAK & PAYNE LTD 39,123 SF 118-330-009 CURVE TABLE LINE TABLE Cl - A=02°10/38" R=5172.00' L=196.53' L1 - N07°59'08"E 134.82' C2 - A=01°55'20" R=5153.00' L=172.88' L2 - S82°03'18"E 35.55' C3 - A=03°39'57" R= 366.00' L= 23.42' 118-320-002 S82°03'23"E 118-330-004 189.99' S81 °59'28"E RADIAL TABLE i ' 117.84 R 1 - S03° 53'26"E R2 - N05° 38'03"W 1 18-320-007 ,... , y,. � o r . 2 I (V co . Q , M v- "' P.ARDr L MAP 178-330-717 w In w P � AA JEL 'rJ/t/7)-�t-D [F18-320-008 co in o � o O \ v P GL 1 ti co 60-' in o in RCS, 5/2o o z 1° IN- TPOB 0 0 PDL '7 °° Ln PDL 3 f. L 2 1 1 8 1 2' POB N82 03'18"W 0 0,1511 NG SI REED Bill SWLY PARCEL ORNER I PMB 40/65-66 I PROPOSED J I I _ _ _I I_ ` I - _ 6' m PQMON A RQAD STREET R/W - R2o C2 ,- C3 EXISTING w� iiiiiiii iii R1 a Riw Y R c- ---'"". -- p WOP R /W S I D 265 E F LEGEND 9� RIVE''4 (R) Indicates Radial Bearing POB Point of Beginning TPOB True Point of Beginning DOTE EREEwpY R RSID 2 R vE 1 �� c-jp,T10N.1 ( ) Title to State C/1 " i l l Access Prohibited NOTES 22175-4 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances arid stationing are grid distances. Divide by 0.99997476 to obtain BUILDING ACCESS EASEMENT ground distances. All distances are in feet unless otherwise noted. I FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive. Ste. 200 son -to Ann, Californio 92707 (714)751-7373,(714)545-5H63 (Fox) DATE: 05-18-2012 REV. 3: 11-12-2013 EA: OF540 FAtt: DISTRICT COUNTY ROUTE SHEET PM SHEET NO.TOTAL SHEETS 8 R I V 91 5.0 1 1 EXHIBIT A, PAGE 12 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS QMAS EXHIBIT `El' LEGAL DESCRIPTION Caltrans Parcel No. 22175-5 Temporary Construction Easement APN 118-330-009 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 1 as shown on that certain Parcel Map filed in Book 40, Pages 65 and 66 of Parcel Maps, Records of Riverside County, California, described as follows; Beginning at the southwesterly corner of said Parcel 1; thence North 07°59'08" East 29.18 feet along the westerly line of said Parcel 1 to the True Point of Beginning; thence continuing North 07°59'08" East 105.64 feet along said westerly line; thence South 82°03'18" East 45.87 feet; thence South 08°00'33" West 92.90 feet to the beginning of a non -tangent curve concave southerly having a radius of 5,172.00 feet, a radial line to said beginning bears North 07° 19' 10" West; thence westerly along said curve 47.58 feet through a central angle of 00°31'38" to the True Point of Beginning. Contains 4,550 square feet The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. See Exhibit `ET attached hereto and made apart hereof. M:A2PTG0105011SURVEYTEGALS122175_APN_118=330-0091Lega1122175-5-TCE.docx Page 1 of 2 5/18/2012 EXHIBIT A, PAGE 13 PSOMAS Prepared under the direction of cic.“-y-frii6_ Fvotievo It. 25.2013 Jeremy L. Evans, PLS 5282 Date M:\2PTG0105011SURVEYTEGALS\22175_APN_118-330-0091Lega1122175-5-TCE.docx Page 2 of 2 5/ 18/2012 EXHIBIT A, PAGE 14 EXHIBIT E2 PARCEL# TITLE GRANTOR AREA APN 22175-5 TCE DVORAK & PAYNE LTD 4,550 SF 118-330-009 CURVE TABLE LINE TABLE Cl - A=02°10'38" R=5172.00' L=196.53' L1 - N07°59'08"E 29.18' C2 - A=01°55'20" R=5153.00' L=172.88' L2 - N07°59'08"E 105.64' C3 - A=03°39157" R= 366.00' L= 23.42' L3 - S82°03'18"E 45.87' C4 - A=00°31'38" R=5172.00' L= 47.58' - S08°00'33"W 92.90' 118-320-0021 118-330-0041L4 - $82°03'23"E - 189.99 E RADIAL TABLE ---___ ` I R 1 - S03° 53'26"E 1 R2 - N05° 38'034 R3 118-320-007 - N07°50'48"W R4 - N07°19'10"W rn N Lo co, `,- p r 1 I o . Frl 2 i Prl 3 �' � 118-330-117 t 1 18-320-008 . p' FAR�EL MAP w Pc! 1 01 0- R, S ., 45i2 J in o TPOB L31 P , Ail ,IEL 4o/65-6b I 1 0 c0 1 +— in ---11 ExiS�ING R /w SSREFT POB � PARCEL SWLY CORNER � I `� PMB 40/65-66 R3� PROPOSED -;A I I'_ _ �I C1 R2 -__ Poiv�oNA ROAD SST' ET R/W �-_--,_ - R 4 C2 0 PO " R1 ROPOSE° FREEWAY 'FO R/w 265 4 LEGEND 1 RIVE TE 9 3 (R) Indicates Radial Bearing PCB Point of Beginning TPOB True Point of Beginning R0 FRE-°° RSIpE 2 9A RIvI\1G 1 RO SA A1101" ( ) Title to State C/L I I I l l Access Prohibited NOTES 22175-5 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain TEMPORARY CONSTRUCTION EASEMENT ground distances. All distances are in feet unless otherwise noted. f FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton ;ertre hive, Ste. 200 Santo7 1-7373/`714)545-M3 (Fax) DATE: 05-18-2012 REV. 1: 11-12-2013 EA: 0E540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 RIV 91 5.0 1 1 EXHIBIT A, PAGE 15 PSOMAS EXHIBIT Tr LEGAL DESCRIPTION Caltrans Parcel No. 22175-6 Temporary Construction Easement APN 118-330-009 In the City of Corona, County of Riverside, State of California, being a portion of Parcel 1 as shown on that certain Parcel Map filed in Book 40, Pages 65 and 66 of Parcel Maps, Records of Riverside County, California, described as follows: Beginning at the southeasterly corner of said Parcel 1; thence North 07°58'36" East 30.12 feet along the easterly line of said Parcel 1 to the True Point of Beginning; thence continuing along said easterly line North 07°58'36" East 76.63 feet; thence North 81°13'01" West 45.99 feet; thence South 08°00'33" West 88.68 feet to the beginning of a non -tangent curve concave southeasterly having a radius of 5172.00 feet, a radial line to said beginning bears N06°11'41" West; thence easterly along said curve 47.42 feet through a central angle of 00°31'31" to the True Point of Beginning. Contains 3,801 square feet The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. See Exhibit `F2' attached hereto and made apart hereof. M:12PTG0105011SURVEYILEGALS122175_APN_118-330-0091Lega1122175-6-TCE.docx Page 1 of 2 5/18/2012 EXHIBIT A, PAGE 16 PSOMAS Prepared under the direction of Jeremy L. Evans, PLS 5282 iS•25•2pt3 Date MA2PTG010501\SURVEYILEGALSQ2175_APN_118-330-0091Lega1122175-6-TCE.docx Page 2 of 5/18/2012 EXHIBIT A, PAGE 17 EXHIBIT F2 PARCEL# TITLE GRANTOR AREA APN 22175-6 TCE DVORAK & PAYNE LTD 3,801 SF 118-330-009 CURVE TABLE LINE TABLE Cl - A=01 °55'20" R=51 53.00' L=1 72.88` o � L1 - N81 13'O1 W 45.99' C2 - A=03°39'57" R= 366.00' L= 23.42` L2 - N07°58'36"E 76.63' C3 - A=00°31'31" R=5172.00' L= 47.42' L3 - S08°00'33"W 88.68' 118-320-002 118-330-004 I I S82°03'23"E J 1 89.99' RADIAL TABLE 1 R1 - S03°53'26"E 1 R2 - N05° 38'03"W D 1 18-320-007 ra R3 - N05°40'10"W i R4 - N06° 1 1 '41 "W n3 N •v Lo mi 1 I f, 1 I r'GL r 1 I I I I Ir J _AR 1 NJAF' GI 1 1 18-330-1 1 7 1 F,A/J,8, 40./�5-66 118-320-0O8I I I w -`1' _ -, I , - p D I - co ° TPOB r GL 3 R C S. 45/2D o1 09 ; o L 1 P O B z9' k PROPOSED 1 11 (I '1 " SE'LY CORNER _ °� PARCEL 1 1 c, R3 PMB 40/65-66 �, EXISTING I R . C !' s �NA R1W S�RE� ROAD STREET R/W t _I P - 30.12� R2 0 C1 5� t CZ � WY1NG . /W _____ R1 ,ile� EEWAY FWY ''/W FR 265 _-_� IVERsID' LEGEND 91 R a 3 WAY (R) Indicates Radial Bearing POB Point of Beginning TPOB True Point of Beginning RpUTE FLEE (R510 2 RIv 1 ErJ pT 1CNI�G ( ) Title to State C/ I I I I I. Access Prohibited NOTES 22175-6 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain TEMPORARY CONSTRUCTION EASEMENT ground distances. All distances are in feet unless otherwise noted. ( FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santa Arlo' California 92707 (7141751-7373/(7141545-8883 (Fai) DATE: 05-18-2012 REV. 1: 11-12-2013 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM" SHEET NO. TOTAL SHEETS 8 RIV 91 5.0 1 1 EXHIBIT A, PAGE 18 RoN Noe -0\?3, NOTICE OF HEARING TO CONSIDER ADOPTION OF RESOLUTION OF NECESSITY Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, May 14, 2014 at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, located at 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of any and all possessory and/or leasehold interests and improvements of Giant Inland Empire RV Center, Inc. in that certain real property situated in the County of Riverside, State of California and commonly known as Assessor Parcel No. 102-101-001 (22135). The property considered for acquisition is for a public use. The public use for which this resolution of necessity will be considered is for the SR-91 Corridor Improvement Project in Riverside County, California, Riverside County, California. The legal description of the affected property is attached to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the marmer that will be most compatible with the greatest public good and least private injury. 3. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project. 1733 6.02100\8684027.1 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. Pursuant to California Code of Civil Procedure section 1245.235(b)(3), your failure to file a written request with RCTC to appear and be heard within 15 days from the date that this Notice is mailed will result in the waiver of your right to appear and be heard on the above -stated matters and issues that are the subject of the hearing. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3`d Floor Riverside, California 92501 DATE OF HEARING: PLACE OF HEARING: DATED: March 28, 2014. Wednesday, May 14, 2014 9:30 a.m. Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 BEST BES , KRIEGER LLP By: aster Art , Shaverdian Attorneys for Riverside County Transportation Commission 17336.02100\8684027.1 PROOF OF MAILING NOTICE I, Sandra Rosales, acting on behalf of the Riverside County Transportation Commission, hereby certify that on March 28, 2014, I mailed a copy of the attached notice by first-class mail to the following parties with a possible interest in real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel No. 102-101-001 (CPN 22135): Giant Inland Empire RV Center, Inc. 9150 Benson Avenue Montclair, CA 91763 John S. Murphy, Esq. Murphy & Evertz 650 Town Center Drive, Suite 550 Costa Mesa, CA 92626 Dated: March 28, 2014. Possible Leasehold Interest Courtesy Copy 1733 6.02100\8684027.1 EXHIBIT A LEGAL DESCRIPTION Giant Inland Empire RV Center, Inc.'s possessory and/or leasehold interests and improvements in all that certain real property situated in the County of Riverside, State of California, described as follows: That portion of the Tomas Yorba Allotment, in the County of Riverside, State of California, as per Map recorded in Book 2, Page 7 of Maps, in the Office of the County Recorder of San Bernardino County, California, described as follows: Beginning at the Northwest corner of Lot 46 in Tract No. 2319, as per Map recorded in Book 43, Pages 74 to 76 of Maps, Records of said Riverside County; Thence along the Northerly prolongation of the Westerly line of said Lot 46, being along the Easterly line of Ridgeview Terrace, 60 feet wide, North 15° 29' 00" East, 125.45 feet to the beginning of a tangent curve, concave Westerly and having a radius of 230.00 feet; Thence Northerly along said curve, through a central angle of 11° 31' 15", an arc distance of 46.25 feet to the beginning of a reverse curve, concave Southeasterly and having a radius of 13.00 feet; Thence Northeasterly along said curve, through a central angle of 83° 04' 46", an arc distance of 18.85 feet to a point of tangency on the South line of Frontage Road, 50 feet wide; Thence along said South line North 87° 02' 31" East, 102.96 feet to the beginning of a curve, therein, concave Southerly and having a radius of 1344.00 feet, a radial line to said beginning bears North 2° 57' 29" West; Thence Easterly 272.29 feet along said curve, through a central angle of 11° 36' 29"; Thence South 81° 21' 00" East, 187.71 feet on said South line; Thence leaving said South line South 8° 39' 00" West, 2.00 feet to the intersection of the South line of the land described in the deed to the County of Riverside recorded February 22, 1973 as Instrument No. 23040 of Official Records, said intersection being the to the true point of beginning; Thence South 8° 39' 00" West 185.00 feet to a line parallel with and Northerly 28.00 feet from that certain course of the North line of above said Tract No. 2319, having a bearing of South 81° 21' 00" East; Thence South 81° 21' 00" East, 378.00 feet, on said parallel line; Thence North 8° 39' 00" East, 185.00 feet to said South line of said land described in the Deed to the County of Riverside; Thence North 81° 21' 00" West, 378.00 feet on last said South line to the to the true point of beginning; Except therefrom an undivided 1/2 interest in all oil, minerals and any other hydrocarbons substances located in or under the above described property; provided however that no exploration or production activities shall be permitted on the surface or within 500 feet of the surface as reserved by Charles A. Thomas and Lauretta Thomas, his wife, in deed recorded September 29, 1954 in Book 1635, Page 139 of Official Records; Also except the remainder interest in all oil, minerals and other hydrocarbon substances located in or under the above described property not previously reserved to other persons, provided, however, that no exploration or production activities shall be permitted within 500 feet of the surface as reserved by Lester L. Lev and Elizabeth L. Lev, husband and wife, in Deed recorded April 13, 1962 in Book 3117, Page 431 of Official Records. Said land is within the area shown as Parcel 2 on a Map recorded in Book 7, Page 77 of Parcel Maps, in the office of the County Recorder of Riverside County. Said land is also shown as Parcel 2 of Parcel Map No. 5259, in the County of Riverside, State of California, as per Map filed in Book 12, Page 51 of Parcel Maps, in the office of the County Recorder of said County. APN : 102-101-001-8 EXHIBIT A, PAGE 1 '•9Td FE-Nif4c-SY z } ASSESSORS MAP PP /02 PO /0 PIPERS/OE COUNTY, CAL/P. POR. r, s, R 7 w ( POR RO. LA S/ERRA YOR9A ) T. R. A.395.l, M B. 43/74-76 Trocl No.23/9 PM. 7/77 Porc*/ Mop 469/ 9-32-3 /02- 0 OCT /074 > EXHIBIT A, PAGE 2 Indian Wells (760)568-2611 Irvine (949) 263-2600 Los Angeles (213)617-8100 Ontario (909) 989-8584 BEST BEST & KRIEGER ATTORNEYS AT LAW 3390 University Avenue, 5th Floor, P.O. Box 1028, Riverside, CA 92502 Phone: (951) 686-1450 I Fax: (951) 686-3083 I www.bbklaw.com Margaret L. Barnes (951) 826-8357 margaret.barnes@bbklaw.com File No. 17336.02100 April 23, 2014 VIA HAND DELIVERY Jennifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3`d Floor Riverside, California 92501 Sacramento (916) 325-4000 San Diego (619) 525-1300 Walnut Creek (925) 977-3300 Washington, DC (202) 785-0600 -DE©lEGYEThi APR 23 2014 LUJ RDE TRANSPORTATC IONCOMMISSION Re: Notice of Hearing to Consider Adoption of an Amended Resolution of Necessity, as to Serfas Country Clubs, Inc., Assessor Parcel No. 102-050-005 (Caltrans Parcel No. 22121) RON: 13-074 (11/13/13) RCTC/SR91 CIP Project Dear Jennifer: Attached is the original Notice of Hearing to Consider Adoption of an Amended Resolution of Necessity, as to Serfas Country Clubs, Inc., Assessor Parcel No. 102-050-005 (Caltrans Parcel No. 22121, with proof of mailing, of the hearing for May 14, 2014. Please do not hesitate to contact me, should have any questions. Very truly yours, MargareBarnes Senior Litigation Paralegal for BEST BEST & KRIEGER LLP Attachment 17336.02100\8750245.1 ORIGINAL NOTICE OF HEARING TO CONSIDER ADOPTION OF AN AMENDED RESOLUTION OF NECESSITY Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Wednesday, May 14, 2014, at 9:30 a.m., at the Riverside County Administration Building, Board of Supervisors Chambers, located at 4080 Lemon Street, Riverside, California, the Commission of the Riverside County Transportation Commission intends to consider adopting an Amended Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of real property interests in property that, according to the last equalized county assessment roll, is owned by you. The public use for which this resolution of necessity will be considered is for the SR-91 Corridor Improvement Project in Riverside County, California. The legal descriptions and corresponding depictions, are attached to this notice. A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which the property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed project. 4. Whether the offer required by Section 7267.2 of the California Government Code has been made. 17336.02100\8740215.1 Pursuant to California Code of Civil Procedure section 1245.235(b)(3), your failure to file a written request with RCTC to appear and be heard within 15 days from the date that this Notice is mailed may result in the waiver of your right to appear and be heard on the above -stated matters and issues that are the subject of the hearing. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jermifer Harmon Clerk of the Board Riverside County Transportation Commission 4080 Lemon Street, 3`d Floor Riverside, California 92501 DATE OF HEARING: PLACE OF HEARING: DATED: April 22, 2014. Wednesday, May 14, 2014 9:30 a.m. Riverside County Administration Building Board of Supervisors Chambers 4080 Lemon Street Riverside, California 92501 BEST BEST & KRIEGER LLP By: Mark A. Easter Gregory G Snarr Attorneys for Riverside County Transportation Commission 17336.02100\8740215.1 EXHIBIT A LEGAL DESCRIPTION All that certain real property situated in the County of Riverside, State of California, described as follows: FEE That portion of the Thomas Yorba Allotment, in the City of Corona, County of Riverside, State of California, as per map recorded in Book 2, Page(s) 7, of Maps, in the Office of the County Recorder of San Bernardino County, described as follows: Beginning at a point in that certain course described as "South 8° 39' West, 100.81 feet" in Deed to the State of California, recorded January 25, 1939 in Book 403 of Official Records, Page 471, in the Office of the County Recorder of said County of Riverside, said point being distant along said course South 8° 39' 00" West, 21.21 feet from the Northerly terminus of said course; Thence North 82° 10' 32" West, 263.33 feet to a point in that certain course described as "North 49° 09' West, 358.07 feet" in said Deed, said point being distant along said course South 49° 09' 00" East, 46.92 feet from the Northwesterly terminus of said course; Thence along said course, South 49° 09' 00" East, 311.16 feet to the Southeasterly terminus thereof; Thence along flrst said course, North 8° 39' 00" East, 169.60 feet to the point of beginning. Except 90% of all oil, gas, minerals, and other hydrocarbon substances in and under said lands below a depth of 500 feet, but without right of surface entry as reserved in Deed recorded October 19, 1969 as Instrument No. 103855 of Official Records. APN: 102-050-005-5 EXHIBIT A, PAGE 1 n n'I 11 SI-II re tin an S111= tw S- 9-ZS-6 900Z 390 . SB6b ON 1311111 tlitht ®1 �_J I I 1 1 npp--�� 1 oto--9G011Y81 1 v \ 1- . ` \ 1 /�� \ ` .,.. 1 tn1 . 1 \\ �� ` \ I / ) (.1,- 1 �O1 / ` \ \ �\ _�\r \ � s 1 \�1 ` \ I` 101 1 t ieI11 V'tl, } / / / ,) / / / 44. as L!t w In Lsh sA lira qq.e) 1lI�� 'slunaJ aPls/9AIg SO'OdiZ01)I1'd111 SJOSS1SSY_____ - `. `. 9 170 1 I I .�� ' \ I I I I r—, Ceil�.\ I 1 1 I 1 O \ \ — / \ -- — —. / f_s� 1 l ,' \ / 1 ' ,\ \ ` \ \_/ \ / / /� — \ , / \ \ 1 i 1 I \ J , ./ , -iNtaoo Jo 1113 ?AL .81'S£'1 Sl LZ'33S , , i 13J aMf s,aossISSY MS YIar°aliHlseo uv1133V 3111110.1 o r0rn y 1111191111 O1 .11ND S3SOMIld 111311SUSSY 603 03111'd31d 501 ON Mil 1 , PROOF OF MAILING NOTICE I, Frances White, acting on behalf of the Riverside County Transportation Commission, hereby certify that on April 22, 2014, I mailed a copy of the attached notice by first-class mail to the following owners and other interested parties of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel No. 102-050-005 (CPN 22121): Serfas Country Clubs, Inc., a California corporation Record Owner 2121 Mountain View Drive Corona, CA 92882 Serfas Country Clubs, Inc., a California corporation Record Owner 901 Via San Clemente Montebello, CA 90640-1610 Jean Serfas Courtesy Copy Serfas Country Club 2108 Dove Circle Corona, CA 92852 Dated: April 22, 2014. 7(0 ( ---r1/j6 Frances White 17336.02100\8740215.1 PUBLIC HEARING " R I V E R S I D E C O U N T Y T R A N S P O R T A T I O N C O M M I S S I O N D A T E : M a y 1 4 , 2 0 1 4 T O : R i v e r s i d e C o u n t y T r a n s p o r t a t i o n C o m m i s s i o n F R O M : B u d g e t a n d I m p l e m e n t a t i o n C o m m i t t e e M i c h e l e C i s n e r o s , F i n a n c e M a n a g e r / C o n t r o l l e r T H R O U G H : A n n e M a y e r , E x e c u t i v e D i r e c t o r S U B J E C T : P r o p o s e d B u d g e t f o r F i s c a l Y e a r 2 0 1 4 / 1 5 B U D G E T A N D I M P L E M E N T A T I O N C O M M I T T E E A N D S T A F F R E C O M M E N D A T I O N : T h i s i t e m i s f o r t h e C o m m i s s i o n t o : 1 ) D i s c u s s , r e v i e w , a n d p r o v i d e g u i d a n c e o n t h e p r o p o s e d F Y 2 0 1 4 / 1 5 B u d g e t ; a n d 2 ) O p e n t h e p u b l i c h e a r i n g i n o r d e r t o r e c e i v e i n p u t a n d c o m m e n t s o n t h e p r o p o s e d F Y 2 0 1 4 / 1 5 B u d g e t o n M a y 1 4 a n d o n J u n e 1 1 , 2 0 1 4 , a n d t h e r e a f t e r c l o s e t h e p u b l i c " " h e a r i n g . B A C K G R O U N D I N F O R M A T I O N : S t a f f c o m p l e t e d t h e i n i t i a l b u d g e t p r e p a r a t i o n p r o c e s s , a n d a t t a c h e d i s a n e x e c u t i v e s u m m a r y f o r t h e p r o p o s e d F Y 2 0 1 4 / 1 5 B u d g e t . T h e p o l i c y g o a l s a n d o b j e c t i v e s a p p r o v e d b y t h e C o m m i s s i o n o n A p r i l 9 w e r e t h e b a s i s o f t h i s b u d g e t . T h e p o l i c y g o a l s a n d o b j e c t i v e s c o n s i d e r e d d u r i n g t h e p r e p a r a t i o n o f t h e b u d g e t r e l a t e t o m o b i l i t y i n i t i a t i v e s , g o o d s m o v e m e n t , i m p r o v e d s y s t e m e f f i c i e n c i e s , e n v i r o n m e n t a l s t e w a r d s h i p , e c o n o m i c d e v e l o p m e n t , i n t e r m o d a l i s m a n d a c c e s s i b i l i t y , a n d p u b l i c a n d a g e n c y c o m m u n i c a t i o n s , a s w e l l a s f i n a n c i a l a n d a d m i n i s t r a t i o n p o l i c i e s . S t a f f w i l l p r e s e n t h i g h l i g h t s o f s i g n i f i c a n t i t e m s i n c l u d e d i n t h e b u d g e t a n d i s s e e k i n g r e v i e w o f a n d i n p u t o n t h e p r o p o s e d F Y 2 0 1 4 / 1 5 B u d g e t . B a s e d o n i n p u t r e c e i v e d f r o m C o m m i s s i o n e r s , s t a f f w i l l u p d a t e t h e d o c u m e n t , a s n e c e s s a r y , a n d p r e s e n t t h e p r o p o s e d b u d g e t f o r t h e o p e n i n g o f t h e p u b l i c h e a r i n g a n d f o r t h e C o m m i s s i o n ' s r e v i e w o n M a y 1 4 . A s a r e s u l t o f i n p u t r e c e i v e d f r o m t h e p u b l i c a n d t h e C o m m i s s i o n , s t a f f w i l l m a k e a n y n e c e s s a r y c h a n g e s t o t h e b u d g e t d o c u m e n t f o r f i n a l r e v i e w , c l o s e o f t h e p u b l i c h e a r i n g , a n d a d o p t i o n a t t h e J u n e 1 1 C o m m i s s i o n m e e t i n g . T h e e x e c u t i v e s u m m a r y d o c u m e n t c o n t a i n s a s u m m a r y o f a l l d e p a r t m e n t a l b u d g e t s a n d s u m m a r i z e s t h e i n f o r m a t i o n f o r t h e e n t i r e C o m m i s s i o n . T h e d e p a r t m e n t b u d g e t s p r e s e n t t h e g o a l s a n d o b j e c t i v e s , t h e r e s o u r c e s n e e d e d t o a c c o m p l i s h t h e g o a l s , a n d t h e a p p r o p r i a t i o n s r e q u i r e d t o a c c o m p l i s h t h e t a s k s . S t a f f a l s o i n c l u d e d t h e b u d g e t s b y g o v e r n m e n t a l f u n d t y p e , a s t h i s t a b l e p r o v i d e s a s u m m a r y o f t h e b u d g e t e d r e v e n u e s a n d e x p e n d i t u r e s f r o m a f u n d A g e n d a I t e m 7 9 5 perspective. Preliminary funding estimates for transit operating and capital expenditures have been included in the budget, although the draft Short Range Transit Plans are still under review. An adjustment for a revised estimate of these transit expenditures may be included in the final budget document presented in June 2014. At the June 11 Commission meeting, staff will present the entire budget document with detailed narratives. A summary of the proposed FY 2014/15 Budget is as follows: Revenues and other financing sources: Sales taxes -Measure A and Local Transportation Funds Reimbursements (federal, state, and other) Transportation Uniform Mitigation Funds, including reimbursements State Transit Assistance Other revenues Interest on investments Debt proceeds Transfers in Total revenues and other financing sources Expenditures and other financing uses: Personnel salary and fringe benefits Professional services Support services Projects and operations Capital outlay Debt service (principal, interest and costs of issuance) Transfers out Total expenditures and other financing uses Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses Beginning fund balance (projected) Ending fund balance (projected) FY 2014/15 Budget $ 248,500,000 188,920,500 8,154,600 12, 944, 700 575,000 2,467,000 191,600,000 334,434,700 987,596,500 8,280,300 16,146,100 5,299,600 927,449,400 3,750,000 54,696,200 334,434,700 1,350,056,300 (362,459,800) 979,339,400 616,879,600 Attachment: Executive Summary for the Proposed FY 2014/15 Budget Agenda Item 7 96 Executive Summary Introduction The budget for Fiscal Year (FY) 2014/15 is presented to the Board of Commissioners (Board) and the citizens of Riverside County. The budget outlines the projects the Commission plans to undertake during the year and appropriates expenditures to accomplish these tasks. The budget also shows the funding sources and fund balances that will be used for these projects. This document will serve as the Commission's monetary guideline. To provide the reader a better understanding of the projects, staff has included descriptive information regarding each department and major projects. The discussion in each department includes a review of accomplishments, major initiatives, and key assumptions. Staff used the goals and objectives approved at the Commission meeting on April 9, 2014, to prepare this budget. In addition to the Commission's long-term goals and strategic plan, the short-term factors listed below were used to guide the development of the budget: Operational • Aggressively pursue completion of the environmental, design, and construction processes on the State Route (SR) 91, Interstate (I) 15, and 1-215 corridor improvement projects; the SR-60 truck climbing lane project; and Perris Valley Line Metrolink extension (Perris Valley Line) included in the Western Riverside County Delivery Plan. • Enhance corridor mobility and traveler choice by continuing property acquisition and construction on the SR-91 corridor improvement project and continuing to develop tolled express lanes on 1-15. • Provide leadership in the planning and development of the Coachella Valley/San Gorgonio Pass corridor rail service. • Work closely with local jurisdictions to administer the Transportation Uniform Mitigation Fee (TUMF) Regional Arterial Program and facilitate the delivery of eligible arterial improvements in western Riverside County (Western County). • Work closely with partners in the Coachella Valley to ensure the implementation of Measure A funding priorities. • Complete projects and programs included in the 1989 Measure A ordinance and determine uses for any unexpended revenues. Continue the preliminary engineering and environmental clearance for the Mid County Parkway and SR-79 realignment projects. • Work with local and regional agencies in developing resources for preservation and maintenance of the highways and regional arterials. • Continue active engagement in state and federal efforts to streamline and reform CECW and NEPA. • Consider future rail expansion opportunities including the potential for extension of the Perris Valley Line to the Hemet/San Jacinto and Temecula areas. • Support innovative programs that provide transit assistance in hard to serve rural areas or for riders with special transit needs. • Support cost controls and promote operating efficiency for transit operators. • Maintain effective partnerships among commuters, employers, and government to increase the efficiency of our transportation system by encouraging and promoting motorized and non -motorized transportation alternatives. • Continue to provide a motorist aid system that ensures safety and convenience to freeway motorists. • Maintain an active involvement in state and federal legislative matters to ensure that the Commission receives proper consideration for transportation projects and funding. • Explore local options for sustainable funding in addressing long-term transportation and quality -of -life needs for Riverside County. • Maintain close communication with Commissioners and educate policy makers on all issues of importance to the Commission. 97 Financial • Fund administrative costs with allocations from Measure A, LTF, FSP, SAFE, and TUMF funds. • Maintain administrative program delivery costs below the policy threshold of 4% of Measure.A revenues; the FY 2014/15 Management Services budget is 2.37% of Measure A revenues. • Maintain administrative salaries and benefits at less than 1% of Measure A revenues; the FY 2014/15 administrative salaries and benefits is .88% of Measure A revenues. • Continue to maintain prudent cash reserves to provide some level of insulation for unplanned expenditures. • Maintain current positive bond ratings with rating agencies. • Move forward on Measure A projects for highways and regional arterials using sales tax revenues, TUMF revenues, and state and federal funding as well as financing alternatives such as commercial paper, sales tax revenue bonds, toll revenue bonds, and federal loans. • Establish and maintain reserves for toll operations, capital improvements, and debt service in accordance with toll supported debt agreements. • Conduct enhanced outreach to businesses and contractors located in Riverside County regarding opportunities to provide competitive and qualified goods and/or services to the Commission. • Leverage and protect past Measure A investments in rail with state and federal funding for additional rail improvements, including the Perris Valley Line. • Maintain the enterprise resource planning (ERP) system to integrate project accounting needs and improve accounting efficiency. Budget Overview Total sources (Table 1) are budgeted at $.987,596,500, which is a decrease of 37% over FY 2013/14 projected sources and a 49% decrease over the FY 2013/14 revised budget. Total sources are comprised of revenues of $461,561,800, transfers in of $334,434,700, and debt proceeds of $191,600,000. The projected fund balance at June 30, 2014 available for expenditures (excluding reserves for debt service of $144,250,800 and advances receivable of $34,456,400) is $800,632,200. Accordingly, total funding available for the FY 2014/15 budget totals $1,788,228,700. Table 1— Sources FY 2013-2015 Measure A Sales Tax $ 149,428,100 $ 157,000,000 $ 157,000,000 * ' r r r'rr- $ 10,000,000 6% LTF Sales Tax 72,828,800 76,500,000 76,500,000 9 r r r r r 5,000,000 7% STASales Tax 14,170,200 13,298,000 13,298,000 gh Intergovernmental 38,817,400 234,644,200 141,302,300,�. ��' t�t�r.' (45,723,700) -19% TUMF Revenue 12,421,100 6,723,400 6,430,100 _ i# 1,431,200 21% Other Revenue 1,540,600 1,090,400 639,100 , ' gar r (515,400) -47% Investment Income 1,769,900 4,026 500 5,292 000 ,y (1559,500) -39% Operating Transfers In 133,065,300 637,010,600 485,301,700 n (302,575,900) -47% Debt Proceeds 60,000,000 810,774,000 677,183,404. 11(l9(I, (619,174,000) -76% TOTAL Sources $ 484,041,400 $ 1,941,067,100 $ 1,562,946,600 $8�," $ (953,470,600) -49% Riverside County has specific competitive advantages over nearby coastal counties (Los Angeles, Orange and San Diego) including housing that was (and remains) more available and affordable and plentiful commercial real estate and land available for development at lower costs. Prior to the national recession, Riverside County's economy thrived, reflecting the area's competitive advantages over its neighboring counties, largely as a result of the County's continuing ability to draw jobs, residents, and affordable housing away from the Los Angeles, Orange, and San Diego county areas. As a result, the County's employment and commercial base diversified and the County's share of the regional economy increased. • 98 During the nationwide recession, the County experienced high unemployment; reduced personal income, taxable sales, and residential building permits; a decrease in the rate of home sales and the median price of single-family residences; and high rates of notices of default on mortgage loans secured by single-family residences. The impact of the recession was amplified in the Inland Empire (i.e., Riverside and San Bernardino counties) due to its relatively greater growth and the relatively lower average income levels when compared to coastal areas. These factors resulted in fluctuating Measure A and LTF sales tax revenues and TUMF fees; however, as noted on Chart 1 the sales tax revenues appear to have stabilized following the recession. Chart 1— Commission Sources Trend S800,000,000 $700,000,000 ° $600,000,000 .-- $500,000,000 $400,000,000 -4- $300,000,000 S200,000,000 $100,000,003 - S0 FY10/11 FY11/12 FY12/13 FY13/14 FY14/15 -4- Measure A Sales Tax #- LTF Sales Tax + STASales Tax --Deg-TUMF - K- Federal, State, Local Revenues -4- Operating Transfers In ->-• Debt Proceeds While recovery from the nationwide recession in the local Inland Empire economy has lagged the nation and other areas of California, the local economy is experiencing significant improvement. Sales tax revenues have rebounded from the recent economic downturn's low point in 2010. The Commission's Measure A and LTF sales tax revenues for FY 2013/14 are projected to reach their highest annual level. The Commission's economic outlook for FY 2014/15 continues to be cautiously optimistic; however, the state and federal budget issues continue to affect funding of the Commission's capital projects and programs. Ongoing problems with funding of the Federal Highway Trust Fund could cause delays in receipt of federal funding. Should Measure A and LTF sales tax revenues continue to fluctuate and the availability of federal and state revenues continue to be uncertain, the timing and scope of the Commission's projects and programs may be impacted. While the Commission's primary revenues are the Measure A and LTF sales taxes, other revenues and financing sources are required to fund the Commission's programs and projects as illustrated in Chart 2. 99 Chart 2 — Sources: Major Categories Debt Proceeds 20% Operating Transfers In 34% Investment Income 0% Other Revenue 0% Measure A Sales Tax .17% ufsoios Taw 8% T, xvornmtntal 19% TUMF Revenue 1% The State Board of Equalization (SBOE) recently provided to cities and other agencies its projections that statewide taxable sales over the next fiscal year will increase X%. However, given the tenuous local economy, the Commission is not basing its estimate of revenues on the SBOE's projection and will continue its conservative projection practices. After taking the state of the local economy and recent revenue trends into consideration, staff projects Measure A sales tax revenues of $167,000,000 for FY 2014/15. This is a 6% increase from the FY 2013/14 revised projection of $157,000,000. At midyear the Commission will reassess sales tax revenue projections based on the economy and revenue trends. On behalf of the County, the Commission administers the LTF for public transportation needs, local streets and roads, and bicycle and pedestrian facilities. The majority of LTF funding received by the County and available for allocation is distributed to all public transit operators in the County, and the Commission receives allocations for administration, planning, and programming in addition to funding for western county rail operations included in the commuter rail Short Range Transit Plan (SRTP). The LTF sales tax revenue received from the State is budgeted at $81,500,000; an increase of 7%from the FY 2013/14 revised projection of $76,500,000. STA funds generated from the statewide sales tax on motor vehicle fuel are allocated by formula by the State Controller to the Commission for allocations to the County's public transit operators; however, these funds have been subject to suspension in past years due to the State's budget issues. The STA transit allocation, which is based on recent State estimates, for FY 2014/15 is $12,944,700. Intergovernmental revenues include reimbursement revenues from federal sources of $83,566,500, state sources of $99,143,000, and local agencies of $6,211,000 for highway and rail capital projects, rail operations and station maintenance, commuter assistance, and motorist assistance programs as well as planning and programming activities. Reimbursement revenues vary from year to year depending on project activities and funding levels. As a result of an amended Memorandum of Understanding (MOU) with the Western Riverside Council of Governments (WRCOG), the Commission will receive 48.7% of TUMF revenues (as updated by the most recent Nexus study). TUMF represents fees assessed on new residential and commercial development in Western County. FY 2014/15 TUMF fees are projected at $8,000,000 compared to the FY 2013/14 revised projection of $7,400,000 and reflect the slow but encouraging signs in the housing market in the Inland Empire. Additional TUMF zone reimbursements of $154,600 are expected for the 74/215 interchange project. Other revenue of $575,000 is projected to decrease 47% from the prior year's budget of $1,090,400 and is related to property management revenues from properties acquired in connection with the SR-91 corridor improvement project. Investment income is anticipated to decrease in FY 2014/15 as a result of increased activity with the Perris Valley Line and the SR-91 corridor improvement projects. Staff continues to actively manage its resources and make appropriate investments to maximize the return to the Commission without sacrificing security and affecting short- term cash requirements. 100 Transfers in of $334,434,700 relate primarily to the transfer of available debt proceeds for highway projects; LTF funding for general administration, planning and programming, rail operations and station maintenance, and grade separation project allocations; approved interfund allocations for specific projects; and debt service requirements from highway, regional arterial, and local streets and roads projects. Debt proceeds consist of drawdowns of $191,600,000 from the federal Transportation Infrastructure Finance and Innovation Act (TIFIA) loan related to the SR-91 corridor improvement project. Total uses (Table 2), including transfers out of $334,434,700, are budgeted at $1,350,056,300, a decrease of 20% from the prior year budget amount of $1,681,429,900. Program expenditures and transfers out totaling $1,335,994,400 represent 99% of total budgeted uses in FY 2014/15. Program costs have decreased by 20% from $1,667,844,500 in FY 2013/14. Table 2 — Uses FY 2013-2015 Capital Highway, Rail, and Regional Arterials Capital local Streets and Roads Commuter Assistance Debt Service Management Services Motorist Assistance Planning and Programming Public and Specialized Transit (tail Maintenance and Operations 265,264,800 $ 1,330,062,200 $ 898,118,100 44,594,900 46,865,900 46,911,900 3,019,700 4,523,900 4,567,800 22,229,400 136,660,400 121,412,500 11,712,500 13,585,400 12,599,100 4,889,300 6,755,500 5,695,200 3,099,800 5,767,000 3,241,400 71,344,100 121,409,100 98,205,600 (255,707,100) 3,016,100 (1,063,500) (81,964,200) 476,500 (1,176,700) 616,300 2,174,900 -19% 6% -24% -60% 4% -17% 11% 2% 11,278,600 15,201000 _15,D42,500 : , +team ` ) 2,254,100 _ _ 14% TOTAL Uses $ 437,433,100 $ 1,681,429,900, $ 1,205,794,100 ; ,� r+mom $ (331,373,600) -20% Note: Management Services includes Executive Management, Administration, Legislative Affairs and Communications, and Finance. Capital highway, rail, and regional arterials budgeted uses of $1,074,355,100 are 19% lower compared to the FY 2013/14 budget due to completion of construction on the 1-215 corridor improvement project and completion of final design, right of way acquisition, and utility relocations on SR-74 curve realignment project in addition to decreased operating transfers out of debt proceeds from capital projects funds to special revenue funds to finance 2009 Measure A Western County highway projects costs. Local streets and roads expenditures of $49,882,000 reflect an increase of 6% over the FY 2013/14 budget and represent the disbursements to local jurisdictions for the construction, repair, and maintenance of local streets and roads. Debt Service of $54,696,200 has decreased 60% as a result of the retirement of $60 million of outstanding commercial paper notes in FY 2013/14 from sales tax revenue bond proceeds issued in connection with the SR-91 corridor improvement project financing. Additionally, actual debt service requirements related to the 5R-91 corridor improvement project current plan of finance are lower than estimated in the original plan of finance. 101 Commuter Assistance budgeted expenditures of $3,460,400 are 24`Yo lower than FY 2013/14 budget due to decreased expenditures related to completion of the new ridematching system and streamlined media outreach for projects and operations activities. Management Services expenditures have increased 4% from the FY 2013/14 budget due to information technology equipment upgrades and administration support. Motorist Assistance expenditures have decreased 17% or $1,176,700 from the FY 2013/14 budget as a result of decreased demand for freeway service patrol services supporting construction projects and streamlining media outreach for the 1E511 service. Planning and Programming budgeted expenditures of $6,383,300 reflect an 11% increase from the FY 2013/14 budget due to increased projects and operations activities in connection with LTF disbursements for planning and programming and grade separation projects. Public and Specialized Transit budgeted expenditures of $123,584,000 are 2% higher than FY 2013/14 budget due to increased transit capital expenditures for public transit. The 14% increase in Rail Maintenance and Operation's budgeted expenditures of $18,054,600 is primarily due to additional consultant work needed to perform planning and modeling for rail projects including the 511- 91/Perris Valley Line expansion and Coachella Valley/San Gorgonio Pass corridor rail service. Total uses included in the FY 2014/15 budget by major categories are illustrated in Chart 3. Chart 3 — Uses: Major Categories Motorist Assistance 0% Management Simko 1% Planning and Publk and pap Maintenance Programming. SpecWired Tnnsh �.andOpentlons O% 1% DebtSewke 4% Commuter Assistance 0% Capital Local Streets and Roads 4% Commission Personnel The Commission's salary and benefits total $8,280,300 for FY 2014/15. This represents an increase of $330,900 or 4% over the FY 2013/14 budget of $7,949,400 (Chart 4). The increase relates to a 3% cost of living adjustment to offset the employee's contribution for their share of normal pension costs; a 3% pool for merit -based salary increases; an increase in the California Public Employees' Retirement System (CaIPERS) employer contribution rate and dental, vision, and workers' compensation premiums; and an increase in the annual required contribution for the postretirement health care costs based on a recent actuarial valuation. Beginning with FY 2013/14, the Commission implemented a phased approach over a three-year period requiring employees to pay their share of normal pension costs. The current 5% employer -paid member contribution by the Commission will be eliminated in FY 2015/16. 102 • Chart 4 —Salary and Benefits Costs: Five -Year Comparison $9,000,000 $8,000,000 $7,000,000 $6,000,000 $5,000,000 $4,000,000 53,000,000 52,000,000 $1,000,000 $- FY 10/11 FY 11/12 FY 12/13 FY 13/14 FY 14/15 The FY 2014/15 FTE of 46 positions is comparable to the FY 2013/14 level (Table 3) as the Commission prepares for significant organization changes that include large transportation capital projects resulting in toll operations and the investment of billions of dollars requiring substantial attention at many staff levels. Management continues to be firmly committed to the intent of the Commission's enabling legislation that called for a small staff. Staff will continue to be provided the tools needed to ensure an efficient and productive work environment. However, it must be recognized that small is not viewed in an absolute context; it is relative to the required tasks to be performed and the demands to be met. Table 3 — Full -Time Equivalents by Department FY 2013-2015 Executive Management 0.3 0.3 Administration 4.5 5.5 Legislative Affairs and Communications 2.2 2.4 Finance 6.8 6.9 Planning and Programming 4.7 5.3 Rail Maintenance and Operations 2.9 4.0 Public and Specialized Transit 2.5 2.4 Commuter Assistance 1.8 1.8 Motorist Assistance 0.9 1.2 Capital Project Development and Delivery 13.4 16.2 TOTAL 40.0 46.0 The Commission provides a comprehensive package of benefits to all permanent, salaried employees. The package includes: health, dental, vision, and life insurance, short and long-term disability, workers' compensation, tuition assistance, sick and vacation leave, retirement benefits in the form of participation in California Public Employees Retirement System (CaIPERS), postretirement health care, deferred compensation, and employee assistance program. The compensation components are shown in Chart 5. 103 Chart 5 — Personnel Salary and Benefits Other Fringes, 6% 1 Department Initiatives The preparation of each department's budget was based on key assumptions, accomplishments in FY 2013/14, major initiatives for FY 2014/15, and department goals and related objectives. Following are the key initiatives and summary of expenditures for each department (Tables 4 through 13). Executive Management • Continue project development and delivery as the key Measure A priority. • Continue construction on Riverside County's largest transportation project, the SR-91 corridor improvement project. • Advance public transit with the construction of the Perris Valley Line. • Launch a planning effort to advance passenger rail service in the Coachella Valley/San Gorgonio Pass corridor. • Advocate for state investments in transportation and approval of a federal transportation bill to fund needed transportation priorities in the County and stimulate the local economy. s Maintain regional cooperation and collaboration as a significant effort consistent with the philosophy and mission of the Commission. • Enhance external communications with media, business and civic groups, and the community. • Maintain an effective mid -sized transportation agency with a small and dedicated staff. Table 4 — Executive Management get Personnel $ 129,300 $ 96,700 $ 114,400 42,900 44% Professional 69,200 155,000 165,000 110,000 71% Support uppo 45,500 57,200 52,500 9,900 17%, TOTAL 244,000 $ 308,900 $ 331,900 `' 162,800 53% Administration • Provide high quality support services to the Commission and to internal and external customers. • Continue to enhance the electronic records management system. • Continue to provide timely communications to Commissioners with continued emphasis on the utilization of electronic mail. • Continue to update technology to streamline processes and provide easier access to Commission records. • Support and develop a motivated workforce with a framework of activities and practices that comply with employment laws and regulations. 104 Table 5—Administration Personnel $ 469,200 $ 628,600 $ Professional 133,100 200,200 Support 578,100 651,600 Capital Outlay 32,700 383,500 Debt Service 354300 TOTAL $ 1,238,400 r$ 1863,900 $ 1;376,903 Legislative Affairs and Communications Dollar < Percent Change 507,800 .$ 606,b04; $ (22,000) -3% 180,100 R'. 363,0� 162,800 81% 629,000 68140i}' 29,800 5% 60,00035,000, 51,500 13% N/A 222,100 12% Continue efforts to protect and seek greater state and federal investment in transportation infrastructure and goods movement. Develop effective partnerships with transportation providers to communicate a unified message to Congress regarding mobility needs. • Advocate positions in the State Legislature and in Congress that advance the County's transportation interests. • Continue a leadership role in formulating a countywide direction on federal transportation policies. • Take a leadership role on the modernization of California Environmental Quality Act (CEQA). • Continue to develop a broad public information program regarding the Commission's responsibilities and accomplishments through a variety of media formats and presentation opportunities including expanding the use of social media and other emerging technologies. • Continue to place an emphasis on providing proactive public communications support related to major project rleVeinpmpnt effortS • Conduct a concerted outreach effort to new federal and state representatives on local transportation issues. • Provide new Commissioner -orientation meetings and other continuing education opportunities for Commissioners. Table 6 — Legislative Affairs and Communications Personnel Professional Support TOTAL Finance e. 364,900 $ 506,700 $ 367,400 6 f $ 4,000 1% 383,800 507,700 396,000 15,500 3% 142,200 189,200 144,600 ° a6NI (33,700) •18% 890,900 $ 1,203,600 $ 908,000_, 1�;0� $ (14,200) -1% • Continue appropriate uses of long- and short-term financing to advance 2009 Measure A projects of the Commission and the Coachella Valley Association of Governments (CVAG). • Apply the sales tax revenue forecast update to update a financing plan to support the Western Riverside County Delivery Plan and CVAG highway and regional arterial projects. • Continue to keep abreast of Governmental Accounting Standards Board (GASB) technical activities affecting the Commission's accounting and financial reporting activities and consider early implementation of new pronouncements. • Continue to strengthen the ERP system to benefit all staff in the management of accounting and project information and automation of a paperless workflow system. • Continue to implement a centralized procurements process in order to strengthen controls and ensure consistency in the application of procurement policies and procedures and adherence to applicable laws and regulations. • Conduct outreach activities to encourage disadvantaged business enterprise (DBE) and small business enterprise (SBE) participation in various contracts. Table 7 — Finance Personnel Professional Support Capital Outlay. Transfers Out TOTAL 788,800 $ 840,300 $ 772,600 2,938,800 3,695,300 3,562,800'_'. 637,300 665,900 639,400 (400) 7,500 7,500 5,000,000 5,000,000 5,000,000 9,364,500 $ 10,209,000 $ 9,982,300 $ 81,100 10% (1,800) 0% (38,700) -6°% 17,500 233% 47,700 1% $ 105,800 1% Planning and Programming Monitor funding authority and responsibility related to the State Transportation Improvement Program (STIP) and impacts on the STIP caused by the state budget issues. s' Ensure STIP and Proposition lB funded projects are administered and implemented consistent with California Transportation Commission (CTC) and California Department of Transportation (Ca!trans) policies. s Continue to strategically program projects and obligate funds in an expeditious manner for the maximum use of all available funding, including monitoring the use of such funding to prevent funds from lapsing. •: Focus on interregional concerns and maintain effective working relationships involving various multi -county transportation issues, including goods movement. • Coordinate planning efforts with regional and local agencies relating to the development of regional transportation plans (RTP) and green house gas reduction implementation guidelines. • Secure funding through the federal transportation bill for goods movement -related needs. • Monitor and track the TUMF regional arterial projects. • Work cooperatively with member agencies to continue the work efforts on the new Community Environmental Transportation Acceptability Process (CETAP) corridors. Continue the Congestion Management Program (CMP) update and traffic monitoring along urban and rural highway systems. • Administer the SB821 Bicycle and Pedestrian Facilities Program. • Monitor the Port of Los Angeles and Port of Long Beach's (Ports) projects for impacts on Riverside County. Table 8 — Planning and Programming Personnel $ 782,400 $ 1,032,700 $ 749,700 Professional 100,700 409,400 270,900 Support 16,900 23,400 16,000 Projects and Operations 2,199,800 4,301,500 2,204,800 Transfers Out - TOTAL $ 3,099,800 $ 5,767,000 $ 3,241,400 i Rail Maintenance and Operations (49,000) -5% (52,900) -13% (2,800) -12% 221,000 5% 500,000 N/A 616,300 11% • Continue active participation in governance and operations of the Metrolink commuter rail system. • Continue the planning and implementation of capital improvements at the commuter rail stations in Riverside County, including the Perris Valley Line, security and rehabilitation projects, and parking requirements. • Continue to support activities related to the Perris Valley Line project and evaluate its operational impact. • Establish best approach to build, maintain, and operate cost effective and environmentally sustainable facilities that meet the public's transportation needs. • Lead the service development process and actively coordinate with all stakeholders along the Coachella Valley/San Gorgonio Pass corridor for intercity passenger rail service. 106 Table 9 — Rail Maintenance and Operations Personnel $ 451,900 $ 636,500 $ 681,500 Professional 233,500 588,000 351,200 s Support 1,202,800 1,723,700 1,684,700 '! Projects and Operations 9,334,700 12,804,100 12,280,100 �,Z Capital Outlay 42,900 48,200 45,000 Transfers Out 12,800 TOTAI 11,278,600 $ 15,800,500 $ 15,042,5001- Public and Specialized Transit 26,000 4% 642,400 109% 127,300 7% 1,371,600 11% 86,800 180% N/A 2,254,100 14% Support innovative programs that provide transit assistance in hard to serve rural areas or for riders having very special transit needs and monitor funding of these programs. Complete the first year of specialized transit funding allocations related to the 2013 universal call for projects and continue to monitor performance. Continue long-range planning activities to ensure that anticipated revenues are in line with projected levels of service by transit operators. • Continue public transit operator oversight and fiduciary responsibilities to ensure that annual fiscal audit and a state triennial performance audit are conducted in accordance with TDA regulations. • Provide availability for local matching funds to Western County applicants seeking FTA Section 5310 federal capital grants. • Coordinate with operators on major capital purchases and investments into new rolling stock and other system improvements in order to maintain a viable on -hand reserve. Table 10 — Public and Specialized Transit Personnel $ 318,600 $ 380,100 $ 283600,S°,` :�`�+'�r $ 1,300 0% Professional 167,300 266,500 216,100 2(36 (74,500) -28% Support 10,500 24,500 13,500 (2,000) -8% Projects and Operations 56,750,100 106,323,000 78,801,100 : 218,500 0% Transfers Out 14,097,600 14,415,000 il,892 300 2,031,600 14% TOTAL_ $ 7344,100 $: 121,409,100 $ 98,205,600 2,174,900 2% Commuter Assistance « Improve the suite of services and outreach to rideshare participants and employer partners, including personalized information and electronic access and distribution. • Maintain and grow employer partnerships through value-added services and tools for ridesharing programs. • Continue to provide leadership to the ongoing operation, maintenance, and enhancement of bi-county ridematching system with regional reach. • Maintain long-term partnership with San Bernardino Associated Governments (SANBAG) to manage and implement a "sister" Commuter Assistance program for residents and employers in San Bernardino County. Optimize park and ride facilities to support car/vanpool/buspool arrangements and facilitate transit connections. 107 Table 11— Commuter Assistance Personnel $ 263,600 $ 300,800 $ 394,100�$ (29,900) -10% Professional 300,400 815,800 804,500 Y_ (502,800) -62% Support 372,400 485,300 484,500 �� ��i (94,300) -19% Projects and Operations 1,932,000 2,802,800 2,765,500 �� (481,800) -17% Capital Outlay 7,000 7,000 � � (2,000) -29% Transfers Out 151,300 1-1Z200 112,200 47,300 42% TOTAL 3,019,700 $ 4,523,900 $ 4,567,800' � j 11,063,500) -24% Motorist Assistance • Assess opportunities for efficiency related to the call box program operations. • Maintain a high benefit -to -cost ratio related to the performance of the FSP program. • Operate and maintain the 1E511 system in accordance with national 511 implementation standards in partnership with SANBAG. • Enhance the 1E511 with more personalized traffic information services. • Utilize the opportunity to enhance coordination between California Highway Patrol (CHP) and Caltrans on traveler information. Table 12 — Motorist Assistance Personnel $ 104,600 $ 187,200 $ 162,400 Professional 515,700 766,500 771,000 Support 514,900 877,600 826,800 Projects and Operations 2,428,300 3,633,300 3,045,000 Transfers Out 1,325,800 1,290,900 890,000 TOTAL $ 4,889,300 $ 6,755,500 $ 5,695,200 Capital Project Development and Delivery 14,000 7% (50,100) -7% (246,700) -28% (504,700) -14% (389,200) -30% (1,176,700) -17% Continue project development, right of way, and construction activities on remaining 1989 Measure A projects including SR-74 curve widening, SR-91 high occupancy vehicle (HOV) lanes/Adams Street to 60/91/215 interchange, and 60/215 East Junction HOV lane connectors. • Continue project activities on the 1-215 bi-county highway and Perris Valley Line rail projects, which were included in both the 1989 Measure A and 2009 Measure A programs. • Continue project work on the Western Riverside County Delivery Plan projects, including the 91/71 connectors; the SR-91, 1-15, and 1-215 corridor improvement projects; SR-60 truck climbing lane; SR-79 realignment; and Mid County Parkway. • Provide Western County Measure A regional arterial TUMF funding and support to local jurisdictions for regional arterial project engineering, right of way acquisition, and construction. • Provide 2009 Measure A funding to the incorporated cities, CVAG and the County for local streets and roads maintenance, repair, and construction. • Provide funding and support of 2009 Measure A highway and regional arterial projects. • Develop strategies to implement alternative financing structures including public toll roads. • Maintain a right of way acquisition and management program in support of capital projects. • Manage right of way acquisition in the most cost effective manner and within project schedules, while adhering to federal and state regulations. • Maintain and manage the access, use, safety, and security of Commission -owned properties including commuter rail stations, properties in acquisition process, and income -generating properties. 108 Table 13 — Capital Project Development and Delivery 12/1 FY 13/14. FY 13/14 Actual A visetl8 2,669,100 $ 3,339,800 $ 3,914,500 $ a $ 262,500 8% 7,257,900 10,507,300 7,984,300 ,l (2,014,200) -19% "rk 277,700 879,300 215,200 ;3 i (26,900) -3% 187,031,900 745,669,200 472,494,0001 k 1 t.t - 51,090,900 7% 145,300 340,000 13,800� , l i t:+� 2,810,000 826% .y � 22,204,100 136,660,400 118,979,200 !, '= 1t" (81,964,200) -60% 112,477,800 616,192,500 460,408,200 (304,813,300) A9% 332,063,800 $ 1,513,588,500 $ 1,064,009,200 (334,655,200) -22% Personnel Professional Support Projects and Operations Capital Outlay Debt Service Transfers Out TOTAL Fund Balances The total fund balance as of June 30, 2014 is projected at $979,339,400. The Commission's budgeted activities for FY 2014/15 are expected to result in a $362,459,800 decrease of total fund balance at June 30, 2015 to $616,879,600. The primary cause of the decrease is related to the project activities in FY 2014/15 related to the SR- 91 corridor improvement project and the Perris Valley Line project. Table 14 presents the components of fund balance by governmental fund type and program at June 30, 2015. Table 14 — Projected Fund. Balances by Governmental Fund Type and Program at June 30, 2015 Management Services Flinnlrg and Programming Rail Maintenance and Operations, Budget Summary $3,676,400 Measure A Western County: 1,470,000 Bond Financing 3,362,700 Commuter Assistance Economic Development Highways Local Streets a nd Roads New Corridors Public and Specialized Transit Rail Regional Arterials Measure A Coachella Valley: $8,195,300 14,584,800 5,370,800 30,406,500 1,000 69,401,200 7,871,200 43,048,200 16,326,900 Highways and Regional Arterial 8,396,200 Local Streets and Roads 1,700 Specialized Transit 1,438,000 Measure A Palo Verde Valley Local Streets and Roads 600 Motorist Assistance 6,346,400 State Transit Assistance 40,366,900 Local Transportation Fund 107,992,400 TUMF: CETAP 16,516,200 Regional Arterials 8,586,700 HLghwatra S. 103,433,700 The overall budget for FY 2014/15 is presented in Table 15 by summarized line items, Table 16 by operating and capital classifications, and Table 17 by governmental fund type. Highway, rail, and regional arterial program expenditures by project are summarized in Table 18. 109 Table 15 - Budget Comparative by Summarized Line Item FY 2013-2015 Revenues Measure A Sales Tax LTF Sales Tax STA Sales Tax Federal Reimbursements State Reimbursements Local Reimbursements TUMF Revenue Other Revenue Investment Income TOTAL Revenues Expenditures Personnel Salary and Benefits Professional and Support Professional Services Support Costs TOTAL Professional and Support Costs Projects and Operations Program Operations - General Engineering Construction Design Build Right of Way/Land Operating and Capital Disbursements Special Studies Local Streets and Roads Regional Arterials TOTAL Projects and Operations Debt Service Principal Payments Interest Payments Cost of Issuance TOTAL Debt Service Capital Outlay TOTAL Expenditures Excess (deficiency) of Revenues over (under) Expenditures Other Financing Sources (Uses) Transfers In Transfers Out Debt Proceeds TIFIA Loan Proceeds Bond Premium Bond Discount Net Financing Sources (Uses) Excess (deficiency) of Revenues over (under) Expenditures and Other Financing Sources (Uses) Beginning Fund Balance ENDING FUND BALANCE $ 149,428,100 72,828,800 14,170,200 14,230,000 22,875,500 1,711,900 12,421,100 1,540,600 1,769 900 290,976,100 6,342,400 12,100,400 3,798,300 15,898,700 15,097,700 15,736,200 37,534,200 26,232,500 44,974,600 66,582,000 246,200 44,594,900 8,678,500 259,676,800 6,824,700 15,404,700 22,229,400 220,500 $ 157,000,000 76,500,000 13,298,000 94,389,000 137,891,200 2,364,000 6,723,400 1,090,400 4,026,500 493,282,500 7,949,400 17,911,700 5,577,700 23,489,40,0 20,111,400 22,026,000 238,479,800 217,750,000 179,087,800 122,723,000 1,019,000 46,865,900 27,471,000 875,533,900 86,100,000 41,075,800 7,051,300 134,227,100 786,200 $ 157,000,000 76,500,000 13,298,000 50,267,900 87,985,600 3,048,800 6,430,100 639,100 5,292,000 400,461,500 7,948,030 14,701,900 t 4,706,200 19,408,100 14,699,200 11,069,200 113,036,900 165,800,000 103,123,400 91,395,900 239,000 46,911,900 25,315,000 571,590500 67,100,000 44,828,300 7,050,900 118,979,200 133,300 304,367,800 1,041,986,000 718,059,100 (13,391,700) (548,703,500) 017,597,6001 133,065,300 (133,065,300) 60,000,000 60,000,000 637,010,600 485,301,700 (637,010,600) (485,301,700) 632,158,000 638,854,600 110,000,000 68,616,000 38,328,800 (2,433,300) (2,433,300) 808,340,700 674,750,100 46,608,300 259,637,200 357,152,500 575,578,600 622,186,900 622,186,900 $ 622,186,900 $ 881,824,100 $ 979,339,400: E'`-- $ 10,000,000 5,000,030 (353,300) (10,822,500) (38,748,200) 3,847,000 1,431,200 (515,400) (1,559 500. (31,720,700) 330,900 (1,765,600) (278,1001 (2,043,700) 1,093,200 (4,177,000) 1,865,100 37,053,500 4,763,600 5,321,000 51,000 3,016,100 2,929,000 51,915,500 6% 7% -3% -11% -28% 163% 21% -47% -39% -6% -10% -5% -9% S% -19% 1% 17% 3% 4% 5% 6% 11% 6% (78,700,000) -91% 6,220,400 15% (7,051,300) -100% (79,530,900) -59% 2,963,800 377% (26,364,400) -3% (5,356,300) 1% (302,575,903) -47% 302,575,900 -47% (632,158,000) -100% 81,600,000 74% (68,616,000) -100% 2,433,300 -100% (616,740,700) -76% (622,097,000) -240% 357,152,500 57% (264,944,500) -30% 110 Table 16 — Operating and Capital Budget FY 2014/15 Revenues Measure A Sales Tax LTF Sales Tax STA Sales Tax Federal Reimbursements State Reimbursements Local Reimbursements TUMF Revenue Other Revenue Investment Income TOTAL Revenues Expenditures Personnel Salary and Benefits Professional and Support Professional Services Support Costs TOTAL Professional and Support Costs Projects and Operations Program Operations - General Engineering Construction Design Build Right of Way and Land Operating and Capital Disbursements Special Studies Local Streets and Roads Regional Arterials TOTAL Projects and Operations Debt Service Principal Payments Interest Payments TOTAL Debt Service Capital Outlay TOTAL Expenditures Excess (deficiency) of Revenues over (under) Expenditures Other Financing Sources (Uses) Transfers In Transfers Out TIFIA Loan Proceeds Net Financing Sources (Uses) Excess (deficiency) of Revenues over (under) Expenditures and Other Financing Sources (Uses) Beginning Fund Balance ENDING FUND BALANCE $ 15,605,000 $ 151,395,000 81,500,000 12,944,700 396,900 9,059,000 3,185,500 466,700 123,157,800 4,678,000 5,003,000 4,429,500 9,432,500 7,235,300 210,000 1,900,000 120,544,000 800,000 83,169,600 90,084,000 3,025,500 8,154,600 575,000 2 000.300 338,404,000 3,602,300 11,143,100 870,100 12,013,200 13,969,300 17,639,000 238,444.900 254,803,500 183,851,400 7,500,000 270,000 49,882,000 30,400,000 130,689,300 796,760,100 7,400,000 47 296 200 (22,242,000) (531,817,800) 18,487,700 315,947,000 (18,055,500) (316,379,200) 191600,000 432,200 191,167,800 (21,809,800) (340,650,000) 208,918,600 770,420,800 187,108,800 $ 429,770,800 111 Table 17 — Budget by Governmental Fund Type FY 2014/15 Revenues Measure A Sales Tax LTF Sales Tax STA Sales Tax Federal Reimbursements State Reimbursements Local Reimbursements TUMF Revenue Other Revenue Investment income TOTAL Revenues Expenditures Personnel Salary and Benefits Professional and Support Professional Services Support Costs TOTAL Professional and Support Costs Projects and Operations Program Operations - General Engineering Construction Design Build Right of Way/Land Operating and Capital Disbursements Special Studies Local Streets and Roads Regional Arterials TOTAL Projects and Operations Debt Service Principal Payments Interest Payments TOTAL Debt Service Capital Outlay TOTAL Expenditures Excess (deficiency) of Revenues over (under) Expenditures Other Financing Sources (Uses) Transfers In Transfers Out TIFIA Loan Proceeds Net Financing Sources (Uses) Excess (deficiency) of Revenues over (under) Expenditures and Other Financing Sources (Uses) Beginning Fund Balance ENDING FUND BALANCE 2,900,000 $ 20,000 834,000 1,378,500 14,300 5,146,800 4,056,100 Cap 164,100,000 $ - $ 81,500,000 12,944,700 80,564,400 2,982,100 98,309,000 4,832,500 8,154,600 575,000 - 966,700 592,100 893,900 451,946,900 4,224,200 3,251,200 12,894,900 3,390,200 1,909,400 6,641,400 14,804,300 1,775,700 19,428,900 10,000 17,839,000 1,250,000 239,094,900 254,803,500 183,851,400 14,002, 500 114,041, 500 800,000 270,000 49,882,000 30,400,000 17,838,200 909,611,200 (23,983,900) (479,847,800) 592,100 3,876,000 7,400,000 47,296,200 54,696,200 592,100 (50,820,200)i 17,823,000 249,958,000 40,000,000 26,653,700 (547,700) (107,587,000) (226,300,000) 191,600,000 333,971,000 (6,708,600) (145,876,800) (185,707,900) (24,166,500) 12,400,800 533,546,200 289,141,600 144,250,800 5,692,200 $ 387,669,400 $ 103,433,700 $ 120,084,300 112 " " " T a b l e 1 8 H i g h w a y , R e g i o n a l A r t e r i a l , a n d R a i l P r o g r a m s F Y 2 0 1 4 / 1 5 D e s c r i p t i o n ; P r o j e c t s a n d o p e r a t i o n s B e c h t e l p r o g r a m m a n a g e m e n t S C R R A p r o g r a m m a n a g e m e n t O t h e r T O T A L P R O J E C T S - G E N E R A L H i g h w a y e n g i n e e r i n g 9 1 / 7 1 i n t e r c h a n g e i m p r o v e m e n t p r o j e c t 1 - 1 5 c o r r i d o r i m p r o v e m e n t s 1 - 2 1 5 b i - c o u n t y H O V i n t e r i m p r o j e c t M i d C o u n t y P a r k w a y S R - 9 1 H O V l a n e s / A d a m s S t r e e t t o 6 0 / 9 1 / 2 1 5 i n t e r c h a n g e S U B T O T A L H I G H W A Y E N G I N E E R I N G R e g i o n a l a r t e r i a l e n g i n e e r i n g V a r i o u s W e s t e r n C o u n t y T U M F r e g i o n a l a r t e r i a l p r o j e c t s , i n c l u d i n g S R - 7 9 r e a l i g n m e n t R a i l e n g i n e e r i n g L a S i e r r a S t a t i o n p a r k i n g e x p a n s i o n P e r r i s V a l l e y U n e a n d o t h e r r a i l p r o j e c t s C o a c h e l l a V a l l e y / S a n G o r g o n i o P a s s c o r r i d o r G e n e r a l S U B T O T A L R A I L E N G I N E E R I N G T O T A L H I G H I N A Y , R E G I O N A L A R T E R I A L , A N D R A I L E N G I N E E R I N G H i g h w a y c o n s t r u c t i o n S R - 6 0 / V a l l e y W a y i n t e r c h a n g e 6 0 / 2 1 5 E a s t J u n c t i o n H O V l a n e c o n n e c t o r s 7 4 / 2 1 5 i n t e r c h a n g e 1 - 2 1 5 c o r r i d o r i m p r o v e m e n t s ( c e n t r a l s e g m e n t ) / S c o t t R o a d t o N u e v o R o a d I - 2 1 5 / B l a i n e S t r e e t t o M a r t i n L u t h e r K i n g B o u l e v a r d w i d e n i n g I - 1 5 / L o s A l a m o s R o a d b r i d g e r e p l a c e m e n t S R - 7 4 c u r v e w i d e n i n g S R - 9 1 c o r r i d o r i m p r o v e m e n t s S R - 9 1 H O V l a n e s / M a r y S t r e e t t o 7 t h S t r e e t R i v e r s i d e q u i e t z o n e s G e n e r a l ( d e t a i l s p r e s e n t e d i n S e c t i o n 6 . 3 P l a n n i n g a n d P r o g r a m m i n g ) S U B T O T A L H I G H W A Y C O N S T R U C T I O N R e g i o n a l a r t e r i a l c o n s t r u c t i o n V a r i o u s W e s t e r n C o u n t y T U M F r e g i o n a l a r t e r i a l p r o j e c t s , i n c l u d i n g S R - 7 9 w i d e n i n g / T h o m p s o n t o D o m e n i g o n i V a r i o u s W e s t e r n C o u n t y M e a s u r e A r e g i o n a l a r t e r i a l p r o j e c t s S U B T O T A L R E G I O N A L A R T E R I A L C O N S T R U C T I O N R a i l c o n s t r u c t i o n R i v e r s i d e s t a t i o n p e d e s t r i a n i m p r o v e m e n t s C C T V o p e r a t i o n s c e n t e r L a S i e r r a s t a t i o n i m p r o v e m e n t s P e r r i s V a l l e y L i n e a n d o t h e r r a i l p r o j e c t s N o r t h M a i n C o r o n a s t a t i o n p a r k i n g s t r u c t u r e P e r r i s M u l t i m o d a i F a c i l i t y C o a c h e l l a V a l l e y / S a n G o r g o n i o P a s s c o r r i d o r S U B T O T A L R A I L C O N S T R U C T I O N T O T A L H I G H W A Y , R E G I O N A L A R T E R I A L , A N D R A I L C O N S T R U C T I O N H i g h w a y d e s i g n b u i l d S R - 9 1 c o r r i d o r i m p r o v e m e n t s T O T A L H I G H W A Y D E S I G N B U I L D H i g h w a y r i g h t o f w a y a n d l a n d 7 4 / 2 1 5 i n t e r c h a n g e 6 0 / 2 1 5 E a s t J u n c t i o n H O V l a n e c o n n e c t o r s 1 - 2 1 5 c o r r i d o r i m p r o v e m e n t ( c e n t r a l s e g m e n t j / S c o t t R o a d t o N u e v o R o a d M i d C o u n t y P a r k w a y S R - 7 4 c u r v e w i d e n i n g 1 - 1 5 c o r r i d o r i m p r o v e m e n t s S R - 7 4 / 1 - 1 5 t o 7 t h S t r e e t 9 1 / 7 1 i n t e r c h a n g e i m p r o v e m e n t p r o j e c t S R - 9 1 c o r r i d o r i m p r o v e m e n t s S R - 9 1 H O V l a n e s / A d a m s S t r e e t t o 6 0 / 9 1 / 2 1 5 i n t e r c h a n g e W e s t e r n C o u n t y M u l t i - s p e c i e s H a b i t a t C o n s e r v a t i o n P l a n ( M S H C P ) G e n e r a l S U B T O T A L H I G H W A Y R I G H T O F W A Y A N D L A N D R e g i o n a l a r t e r i a l r i g h t o f w a y a n d l a n d V a r i o u s W e s t e r n C o u n t y T U M F r e g i o n a l a r t e r i a l p r o j e c t s R a i l r i g h t o f w a y a n d l a n d P e r r i s V a l l e y L i n e a n d o t h e r r a i l p r o j e c t s G e n e r a l S U B T O T A L R A I L R I G H T O F W A Y A N D L A N D T O T A L H I G H W A Y , R E G I O N A L A R T E R I A L , A N D R A I L R I G H T O F W A Y A N D L A N D G R A N D T O T A L H I G H W A Y , R E G I O N A L A R T E R I A L , A N D R A I L P R O G R A M S 1 1 3 5/14/2014 Proposed Budget Fiscal Year 2014/15 Commission Policy Goals Resource Estimation Department Goals and Objectives epartment Budget Development get Compilation eview and on 1 5/14/2014 FY 2014/15 Budget Considerations • Use of accumulated reserves for projects and programs • Flexibility to change scope and timing of projects • Small staff with heavy use of consultants • Interfund borrowing policy, if required • Impact on transit operations and capital project needs • Encouraging signs of economic recovery • Use of TUMF reserves for project expenditures • Draw down of TIFIA loan proceeds in FY 2014/15 Beginning Fund Balance Revenues Debt Proceeds Transfers In Total Estimated Sources Expenditures Debt Service Transfers Out Total Estimated Uses Uses Over Sources (offset by beginning fund balance) Ending Fund Balance 461,561,800 191,600,000 334,434,700 (54,696,200) (334,434,700) 's 979,339,400 596,500 350,056,300)'. 362,459,800) 16,879,600 2 5/14/2014 Sources%b� Breakdown Measure A Sales Tax LTF Sales Tax STA Sales Tax Intergovernmental TUMF Revenue Other Revenue Investment Income Operating Transfers In Debt Proceeds TOTAL Sources $ 157,000,000 $ 157,000,000 76,500,000 76,500,000 13,298,000 13,298,000 234,644,200 141,302,300 8,923,400 8,630,100 1,090,400 639,100 4,026,500 5,292,000 637,010,600 485,301,700I 810,774,000 677,183,400 $ 1,943,267,100 $ 1,565,146,600 $'' 987.596 4" SAP a ¢cam 4Q¢ c' F a o ¢5 c O` Q'a c gt1 `4� \ O� Pa Qao ga FY 19/15 Budget ■ FY 13/19 Projected • FY 13/19 Revised Budget 3 5/14/2014 Expenditure Breakdown b Department Capital Highway, Rail, and Regional Arterials Capital Local Streets and Roads Commuter Assistance Debt Service Management Services Motorist Assistance Planning and Programming Public and Specialized Transit Rail Maintenance and Operations TOTAL Expenditures 713,869,700 46,865,900 4,411,700 134,227,100 8,585,400 5,464,600 5,767,000 106,994,100 15,800,500 437,709,900 $ 762,975,900 46,911,900E 49,882,000 4,455,600 € 3,300,900 118,979,200 54,696,200 7,599,100 1 9,014200" 4,805,200 4,677,100: 3,241,400 ;_ , 5,883;3P0 79,314,300 ' 107,137,400' 15,042,500 I 18,054,600 $ 1,041,986,000 $ 718,059,100 I $ 1,015,621,600 4 5/14/2014 Expenditure Breakdown Comparison RCTC $800 $750 $700 $650 $600 $550 $500 $450 $400 $350 $300 $250 $200 $150 $100 $50 $- s pS t apt * ca / � a 6* a46 a (° Ca xt FV 14/15 Budget ■ FV 13/14 Projected ■ FV 13/14 Revised Budget Capital Department Expenditure Highlights 5 5/14/2014 Functional E)(penditures Brea kaown j RCTC Personnel Salary and Benefits Professional Services Support Costs Projects and Operations Debt Service Capital Outlay TOTAL Expenditures $ 7,949,400 $ 7,948,000 17,911,700 14,701,900 5,577,700 4,706,200 875,533,900 571,590,500 134, 2 27,100 118, 979, 200 786,200 133,300 1,041,986,000 $ 718,059,100 Personnel Salary and Benefits 4% Projects and Operations 6% Capital Outlay 377% Professional Services 10% Support Costs 5% Debt Service 59% FLinctiOnal Expenditures RCTC, .4 f $350 $325 $300 $275 $250 $225 $200 $175 $150 $125 $100 $75 $50 $25 $ r Personnel Salary and Benefits Professional Services Support Costs Projects and Operations Debt Service Capital Outlay at FY 14/15 Budget • FY 13/14 Projected H FY 13/14 Revised Budget 6 5/14/2014 7 AGENDA ITEM 9A " R I V E R S I D E C O U N T Y T R A N S P O R T A T I O N C O M M I S S I O N D A T E : M a y 1 4 , 2 0 1 4 T O : R i v e r s i d e C o u n t y T r a n s p o r t a t i o n C o m m i s s i o n F R O M : B u d g e t a n d I m p l e m e n t a t i o n C o m m i t t e e T h e r e s i a T r e v i n o , C h i e f F i n a n c i a l O f f i c e r T H R O U G H : A n n e M a y e r , E x e c u t i v e D i r e c t o r S U B J E C T : Q u a r t e r l y S a l e s T a x A n a l y s i s B U D G E T A N D I M P L E M E N T A T I O N C O M M I T T E E A N D S T A F F R E C O M M E N D A T I O N : T h i s i t e m i s f o r t h e C o m m i s s i o n t o r e c e i v e a n d f i l e t h e s a l e s t a x a n a l y s i s f o r Q u a r t e r 4 2 0 1 3 ( Q 4 2 0 1 3 ) . B A C K G R O U N D I N F O R M A T I O N : A t i t s D e c e m b e r 2 0 0 7 m e e t i n g , t h e C o m m i s s i o n a w a r d e d a n a g r e e m e n t t o M u n i S e r v i c e s , L L C ( M u n i S e r v i c e s ) f o r q u a r t e r l y s a l e s t a x r e p o r t i n g s e r v i c e s p l u s a d d i t i o n a l f e e s c o n t i n g e n t o n a d d i t i o n a l s a l e s t a x r e v e n u e g e n e r a t e d f r o m t h e t r a n s a c t i o n s a n d u s e t a x ( s a l e s t a x ) a u d i t s e r v i c e s . A s p a r t o f t h e r e c u r r i n g c o n t r a c t s p r o c e s s , t h e C o m m i s s i o n a p p r o v e d a f i v e - y e a r e x t e n s i o n t h r o u g h J u n e 3 0 , 2 0 1 8 . T h e s e r v i c e s p e r f o r m e d u n d e r t h i s a g r e e m e n t p e r t a i n t o o n l y t h e M e a s u r e A s a l e s t a x r e v e n u e s . S i n c e t h e c o m m e n c e m e n t o f t h e s e s e r v i c e s , M u n i S e r v i c e s s u b m i t t e d a n a u d i t u p d a t e , w h i c h r e p o r t e d f i n d i n g s g e n e r a t e d a n d s u b m i t t e d t o t h e S t a t e B o a r d o f E q u a l i z a t i o n ( S B O E ) f o r r e v i e w a n d d e t e r m i n a t i o n o f e r r o r s i n s a l e s t a x r e p o r t i n g r e l a t e d t o 2 8 2 b u s i n e s s e s . F o r Q 3 2 0 1 3 , t h e S B O E a p p r o v e d c o r r e c t i o n s f o r 2 0 9 o f t h e s e a c c o u n t s f o r a t o t a l s a l e s t a x r e v e n u e r e c o v e r y o f $ 3 , 8 6 7 , 0 9 0 . U p d a t e d a m o u n t s t h r o u g h Q 4 2 0 1 3 w i l l b e p r o v i d e d o n c e r e c e i v e d f r o m M u n i S e r v i c e s . I f t h e S B O E c o n c u r s w i t h t h e e r r o r ( s ) f o r t h e r e m a i n i n g c l a i m s , t h e C o m m i s s i o n w i l l r e c e i v e a d d i t i o n a l r e v e n u e s ; h o w e v e r , t h e m a g n i t u d e o f t h e v a l u e o f t h e r e m a i n i n g f i n d i n g s w a s n o t a v a i l a b l e . I t i s i m p o r t a n t t o n o t e t h a t w h i l e t h e r e c o v e r i e s o f a d d i t i o n a l r e v e n u e s w i l l b e t a n g i b l e , i t w i l l n o t b e s u f f i c i e n t t o a l t e r t h e o v e r a l l t r e n d o f s a l e s t a x r e v e n u e s . A d d i t i o n a l l y , M u n i S e r v i c e s p r o v i d e d t h e C o m m i s s i o n w i t h t h e q u a r t e r l y s a l e s t a x s u m m a r y r e p o r t f o r t h e Q 4 2 0 1 3 . M o s t o f t h e Q 4 2 0 1 3 M e a s u r e A s a l e s t a x r e v e n u e s w e r e r e c e i v e d b y t h e C o m m i s s i o n i n t h e f i r s t q u a r t e r o f c a l e n d a r 2 0 1 4 , d u r i n g J a n u a r y t h r o u g h M a r c h 2 0 1 4 , d u e t o a l a g i n t h e s a l e s t a x c a l e n d a r . T h e s u m m a r y s e c t i o n o f t h e Q 4 2 0 1 3 r e p o r t i s a t t a c h e d a n d i n c l u d e s a n o v e r v i e w o f C a l i f o r n i a s a l e s t a x r e c e i p t s , l o c a l r e s u l t s , h i s t o r i c a l c a s h c o l l e c t i o n s a n a l y s i s , s u m m a r y o f t h e t o p 2 5 s a l e s t a x c o n t r i b u t o r s , h i s t o r i c a l s a l e s t a x a m o u n t s , s a l e s t a x b y b u s i n e s s c a t e g o r y , e c o n o m i c t r e n d s f o r s i g n i f i c a n t b u s i n e s s c a t e g o r y ( g e n e r a l r e t a i l ) , a n d r e s u l t s . T h e f o l l o w i n g o b s e r v a t i o n s w e r e n o t e d i n t h e Q 4 2 0 1 3 r e p o r t : A g e n d a I t e m 9 A 1 1 4 " S a l e s t a x r e c e i p t s f o r R i v e r s i d e C o u n t y w e r e 9 . 3 p e r c e n t c o m p a r e d t o Q 4 2 0 1 2 . W h i l e a u t o s a l e s - n e w a n d a u t o p a r t s / r e p a i r r e c e i p t s h a d t h e l a r g e s t g a i n s i n Q 4 2 0 1 3 c o m p a r e d t o Q 4 2 0 1 2 , s t a f f n o t e d t h e l a r g e s t d e c l i n e s d u r i n g t h e s a m e p e r i o d f r o m e l e c t r o n i c e q u i p m e n t a n d l i g h t i n d u s t r y . T h e d e c l i n e s w e r e a t t r i b u t a b l e t o c e r t a i n e n e r g y - r e l a t e d c o m p a n i e s , w h i c h m a y b e a t t r i b u t a b l e t o t h e c o m p l e t i o n o f r e n e w a b l e e n e r g y d e v e l o p m e n t s i n R i v e r s i d e C o u n t y . " T a x a b l e t r a n s a c t i o n s f o r t h e t o p 2 5 t a x c o n t r i b u t o r s i n R i v e r s i d e C o u n t y , w h i c h g e n e r a t e d 2 3 p e r c e n t o f t h e t a x a b l e s a l e s f o r t h e y e a r e n d e d Q 4 2 0 1 3 , w h i c h w a s c o m p a r a b l e t o t h e y e a r e n d e d Q 4 2 0 1 2 . T h e t o p 1 0 0 t a x c o n t r i b u t o r s g e n e r a t e d 3 7 p e r c e n t o f t h e t a x a b l e s a l e s f o r t h e y e a r e n d e d Q 4 2 0 1 3 , w h i c h w a s c o m p a r a b l e t o t h e y e a r e n d e d Q 4 2 0 1 2 . " A l l s i x e c o n o m i c c a t e g o r i e s e x p e r i e n c e d i n c r e a s e s i n t h e Q 4 2 0 1 3 b e n c h m a r k y e a r c o m p a r e d t o Q 4 2 0 1 2 . C o n s t r u c t i o n h a d t h e l a r g e s t i n c r e a s e a t 1 6 . 0 p e r c e n t a n d e x p e r i e n c e d s i g n i f i c a n t i n c r e a s e s f o r s e v e r a l r e c e n t q u a r t e r s . T h e c o n s t r u c t i o n i n c r e a s e w a s p r i m a r i l y r e l a t e d t o t h e b u i l d i n g m a t e r i a l s w h o l e s a l e s e g m e n t . T h e o t h e r t o p f i v e e c o n o m i c c a t e g o r i e s h a d i n c r e a s e s r a n g i n g f r o m 1 . 1 p e r c e n t t o 6 . 0 p e r c e n t . G e n e r a l R e t a i l F o o d P r o d u c t s T r a n s p o r t a t i o n C o n s t r u c t i o n B u s i n e s s t o B u s i n e s s M i s c e l l a n e o u s T o t a l 2 8 . 7 / 5 . 5 1 6 . 1 / 4 . 5 2 7 . 0 / 6 . 0 1 1 . 8 / 1 6 . 0 1 4 . 5 / 1 . 1 1 . 9 / 3 . 2 1 0 0 . 0 / 5 . 9 2 8 . 7 / 3 . 1 1 9 . 2 / 4 . 1 2 5 . 1 / 4 . 3 9 . 1 / 8 . 3 1 6 . 8 / 0 . 2 1 . 1 / - 4 . 9 1 0 0 / 3 . 5 E C O N O M I C C A T E G O R Y A N A L Y S I S 2 8 / 3 . 5 2 0 . 3 / 5 3 2 2 . 3 / 6 . 9 9 . 1 / 1 2 . 8 1 9 . 2 / - 3 . 3 1 . 1 / - 7 . 4 1 0 0 / 4 2 8 . 6 / 2 . 9 1 6 . 3 / 2 . 2 2 8 . 6 / 6 . 4 1 0 . 8 / 1 2 . 9 1 4 . 1 / 5 . 6 1 . 7 / 5 . 6 1 0 0 / 5 . 2 3 0 . 5 / 4 1 5 . 9 / 1 . 7 2 7 / 5 . 5 1 1 . 3 / 9 . 1 1 4 . 1 / 1 . 7 1 . 2 / - 1 . 3 1 0 0 / 4 . 2 2 9 . 1 / 2 . 6 2 0 . 1 / 1 8 2 4 . 7 / 2 . 6 8 / 4 . 5 1 7 / 0 . 6 1 / - 1 . 8 1 0 0 / 2 . 6 2 7 . 3 / 4 1 6 . 5 / 4 . 2 2 8 . 8 / 5 . 1 1 1 / 1 0 . 5 1 5 . 3 / 4 . 7 1 . 1 / - 1 8 . 9 1 0 0 / 4 . 8 2 8 . 6 / 3 . 3 1 8 . 1 / 3 . 2 3 1 / 1 . 5 1 2 . 6 / 1 0 . 9 8 . 9 / 3 . 4 0 . 8 / - 7 . 1 1 0 0 / 3 . 5 3 2 . 2 / 3 . 6 3 0 . 3 / 1 5 2 1 . 5 / 1 . 9 9 . 5 / 1 6 5 . 3 / - 2 . 1 1 . 1 / 7 . 6 1 0 0 / 3 . 4 G e n e r a l R e t a i l : A p p a r e l S t o r e s , D e p a r t m e n t S t o r e s , F u r n i t u r e / A p p l i a n c e s , D r u g S t o r e s , R e c r e a t i o n P r o d u c t s , F l o r i s t / N u r s e r y , a n d M i s c . R e t a i l F o o d P r o d u c t s : R e s t a u r a n t s , F o o d M a r k e t s , L i q u o r S t o r e s , a n d F o o d P r o c e s s i n g E q u i p m e n t C o n s t r u c t i o n : B u i l d i n g M a t e r i a l s R e t a i l a n d B u i l d i n g M a t e r i a l s W h o l e s a l e T r a n s p o r t a t i o n : A u t o P a r t s / R e p a i r , A u t o S a l e s - N e w , A u t o S a l e s - U s e d , S e r v i c e S t a t i o n s , a n d M i s c . V e h i c l e S a l e s B u s i n e s s t o B u s i n e s s : O f f i c e E q u i p . , E l e c t r o n i c E q u i p . , B u s i n e s s S e r v i c e s , E n e r g y S a l e s , C h e m i c a l P r o d u c t s , H e a v y I n d u s t r y , L i g h t I n d u s t r y , a n d L e a s i n g M i s c e l l a n e o u s : H e a l t h & G o v e r n m e n t , M i s c e l l a n e o u s O t h e r , a n d C l o s e d A c c o u n t A d j u s t m e n t s " F o r s e v e n o f t h e t o p t e n s e g m e n t s ( d e p a r t m e n t s t o r e s , a u t o s a l e s - n e w , r e s t a u r a n t s , b u i l d i n g m a t e r i a l s - w h o l e s a l e , m i s c e l l a n e o u s r e t a i l , a p p a r e l s t o r e s , a n d f o o d m a r k e t s ) , s a l e s t a x e s r e a c h e d a n e w h i g h p o i n t i n t h e p a s t t w o y e a r s d u r i n g Q 4 2 0 1 3 . T h e s e s e v e n s e g m e n t s r e p r e s e n t 5 5 . 9 p e r c e n t o f t h e t o t a l s a l e s t a x r e c e i p t s . S e r v i c e s t a t i o n s , o n e o f t h e t o p t e n s e g m e n t s r e p r e s e n t i n g 1 1 . 1 p e r c e n t o f t h e t o t a l s a l e s t a x r e c e i p t s , d e c r e a s e d t o a n e w l o w p o i n t i n t h e p a s t t w o - y e a r p e r i o d d u r i n g Q 4 2 0 1 3 . T h e h i g h p o i n t f o r s e r v i c e s t a t i o n s o c c u r r e d i n Q 4 2 0 1 2 . T h e o t h e r t w o t o p t e n s e g m e n t s ( b u i l d i n g m a t e r i a l s - r e t a i l a n d l i g h t i n d u s t r y ) w e r e u n d e r t h e h i g h p o i n t , w h i c h o c c u r r e d i n Q 4 2 0 1 1 . T h e s e t w o s e g m e n t s r e p r e s e n t 8 . 8 p e r c e n t o f t h e t o t a l s a l e s t a x r e c e i p t s . T h e t o p t e n s e g m e n t s r e p r e s e n t 7 5 . 8 p e r c e n t o f t h e t o t a l s a l e s t a x r e c e i p t s . F o r t h e A g e n d a I t e m 9 A " " 1 1 5 other segments representing 24.2 percent of the total sales tax receipts, the segments representing 22.5 percent of the total sales tax receipts reached new high points in the past two years during Q4 2013. • Service stations, department stores, and auto sales -new represent the three largest economic segments for Riverside County, or 32.6 percent of total sales taxes. This is the fifth consecutive quarter since Q3 2008 that auto sales -new has been in the top three economic segments, as the restaurants segment held that position since the recession. It should also be noted the growth seen in previous quarters for the service stations segment has been declining as shown by the 1.7 percent decrease for the year ended Q4 2013 due to lower gas prices. The recent increase in gas prices will affect calendar 2014. Largest Segment ECONOMIC SEGMENT ANALYSIS Service Department Department Auto Sales - Department Restaurants Restaurants Restaurants Restaurants Stations Stores Stores New Stores %of Total /%Change 11.1 / -1.7 13.3 / 5.3 14.1 / 6.5 11.9 / 3.0 14.3 / 3.6 14.2 / 5.1 11.6 / 15.2 13.6 / 1.3 20.5 / 2.3 2nd Largest Segment Department • SlOres Department Sturm Auto Sales - New Auto Sales - New Service Staticros Department Stures Service Stations Service Stations Department Stores % of Total / % Change 10.8 / 3.8 10.5 / 3.6 9.5 / 20.8 11.4 / 18.9 11.9 / 0.2 10.2 / 3.6 11.2 / -1.5 13.3 / -1.9 9.7 / 15.1 3rd Largest Segment Auto Sales - New Auto Sales - New Department Stores Restaurants Restaurants Auto Sales - New Department Stores Restaurants Misc. Retail % of Total / % Change 10.7 / 14.1 10.1 / 14.7 9.3 / 3.9 10A / 43 9.6 / 4.2 10.2 / 11.8 10.4 / 2.7 9.6 / 4.6 9.6 / -0.3 During the review of the Q4 2013 detailed report with MuniServices, information regarding sales tax comparisons by city and change by economic category from Q4 2012 to Q4 2013 was provided. The city of Jurupa Valley is currently included in the list since sufficient comparative information is available. Staff continues to monitor monthly sales tax receipts and other available economic data to determine the need for any adjustment to the revenue projections. Staff will utilize the forecast scenarios included with the complete report and recent trends in assessing such projections. Attachments: 1) Sales Tax Analysis Q4 2013 2) Sales Tax Comparison by City for Q4 2012 to Q4 2013 Agenda Item 9A 116 RCM Sales Tax Digest Summary Collections through March 2014 Sales Through December 2013 (2013Q4) ATTACHMENT 1 CALIFORNIA'S ECONOMIC OUTLOOK CoRomig safes tax receipts increased* 8 7 'over the same quarter from the previous. year, with Northern California reporting an 8.6% lncreose compared to 8.8% for Southern Coiifom ilteceipts for ROTC than s bover the same periods. Unusual 7 2%' of t),. Adoord TOtd T+ foreca$ Althougl more p years, 1us y wl nts for approximately from . last year, rch, California's ,able Sales are 15, (up 5.9%), rt rate is falling, 'r the first time in Statistics recently released by the; Cbilforni!aBepdrtrifnt of Finance indicate that California's unemployment rate dropped 0,2 Percentage point to 8.1 percent in January --the lowest rate since October 2008, and down by 1.4 percent since January 2013. California has recovered 88 percent of the jams Wiest during the recession, (the high was 15449,800 jobs in July 2007). LOGAL-R ....._.. Net C sly Receipts Analysis L©e l, ii eticins Share of. County-Pool-0 0% Shore of State i'©o10,0 SBE Net Collections Less: Amount Due County 0.0% Less: Cost of Administration Net 4Q2013 Receipts; Net 4Q2012 Receipts: Actual Percentage Change Business Arfivity Performance An Local Collections Less: Payments for Prior Periods Preliminary 4Q2013 Collections Projected 4Q2013 Late Payments 1,644,201: ,00 (447,720) 41,196,481 37,688,464> 9.3% $41,644,201 (2,360,219) 39,283,981 1,225,795 urww.MuniServices.com (800) 800-8181 117 Page 1 R.CTC Projected 4Q2013 Final Results Actual 4Q2012 Results Projected Percentage Change HISTORICAL CASH COLLECTIONS ANALYSIS BY QUARTER 40, 509, 776 39,297,030 3.1 b $30,000 o SZ6,oQo $15,000 0t)0 060 TOP 25 SAL/USE TAX CONTRIBUTORS The following list idelatifies RCTC's Top 25 S alphabet! nts,sale .,_.. 25 Sales/Use-Tateontributors generate 23 0%4 of RCTC's total sates and use AMAZON,COM' BEST BUY STORES CARMAX THE AUTO SUPERSTORE CHEVRON SERVICE -STATIONS CIRCLE K FOOD STORES COSMO WHOLESALE DEPT OF MOTOR VEHICLES DESERT SUNLIGHT GENESIS SOLAR HOME DEPOT,. K MART STORES KOHL'S DEPARTMENT STORES LOWE'S HOM IMPROVEMENT s00 S4 SO 6460 6350 /Use Tax contributors, The . lis I Ii k f!� MACY'S DEPARTMENT STORE RALPH'S GROCER COMPANY RITE AID_ DRUG STORES ROSS STORES SAM'S CLUB STATER BROS MARKETS; TARGET STORES USA SERVICE STATIONS VONS SERVICE STATIONS WAL MART STORES WALGREEN'S DRUG STORES WHIRLPOOL CORPORATION Vie. wwui.MuniServices. com (800) 800-8181 Page 2 118 RCTC • HISTORICAL SALES TAX AMOUNTS The following chart shows the sales tax level from sales through December 2013, the highs, and the lows for each segment over the last two years. I 318,000 S15a000 ; $14,00 0,' S12,00 0 ,10)600 8,(100 Sa,000' S4,000 $ 2,000 So ANNUAL SALES TAX 4Q,2013 3Q2013 2Q2013 1 Q 2 0 1 3 4Q2012 3 Q 2 0 1 2 2Q 2012 1 Q 2 0 1 2 4Q2011 3Q2011 (in ;thou sHod3 orS) (10.. 10011 a s a: do 0f �r S0 320.,000 B9�G sn ar01 8 olall ■Food 340,000 $60,000 3$0,000 S100,000 SI20,000 $140,000 3160,000 Produels ®Traorpor1a11a0 oarlraelloa NIB arlaerrTo8arlaeis ■M1reallaaaoae www.MuniServices.com (800) 800-8181 Page 3 119 1CTC FIVE-YEAR ECONOMIC TREND: General Retail $ 14,000 $12,000 310,000 $0,000 $ 0'0 0 0 $4,000 $2,000, (in 1Lo;usa*di of.S)... FINAL RESULTS: July -September 2013 Stiles Local Net Cash Collections Less: Pool Amounts Less: Prior Quarter Payments Add: Late Payments Local Net Economic Collections after Adjustments Percent Change Sales MUNISERVICES' ON-00t lG AUDIT RESULTS> This Quarter $273,408 Total to date $4,006779 $ .6,339,615 ($-447,720) ($1,863,746) www.MuniServices.com (800) 800-8181 Page 4 120 0 diction General Retail - Food Products - Trans. - - • Const. - Business to Business - -- Misc. - - - -- - Oct -Dec 2013 Oct - Dec 2012 Total Total %Chg Largest Gain 35�toSale dew , k 2nd Largest Gain Largest Decline 2ndLargest Decline z'y "': 1t atectiimEtlislit `' lhtindustey VERSIDE COUNTY -1 Banning 0.3% 5.6% 8.4% -7.5% 3.4% 56.4% 440,795 423,642 4.0% Service Stations Misc .Vehicle Sales Health & Government Bldg.Matls-Whsle Beaumont 3.9% 1.3% -12.1% 2.6% 2.9% 2.4% 931,318 943,635 -1.3% Department Stores Misc. Vehicle Sales Service Stations Auto Parts/Repair Blythe -3.3% 0.0% 1.9% -44.4% -8.0% -13.6% 420,461 455,620 -7.7% Auto Sales - New Energy Sales BIdg.Matls-Whsle Light Industry Calimesa 4.5% 6.8% -4.1% 94.1% 18.2% -16.2% 157,505 154,590 1.9%Restaurants Food Markets Service Stations Misc. Vehicle Sales Canyon Lake 10.1% 34.6% 233.9% -6.8% 54.4% 0.8% 45,419 43,602 4.2% Service Stations Department Stores Liquor Stores Food Markets Cathedral City 5.3% -1.5% 14.4% -16.7% 8.4% 7.2% 1,842,845 1,700,298 8.4%Auto Sales New Leasing BIdg.Matls-Whsle Business Services Coachella 0.5% 7.2% -0.1% 25.9% -11.1% -37.1% 797,123 776,854 2.6% BIdg.Matls-Whsle Food Markets Florist/Nursery Service Stations Corona -0.6% 1.5% 2.9% 29.0% 6.2% 0.7% 8,144,425 7,517,215 8.3%BIdg.Matls-Whsle Lightlndustry Leasing MiscellaneousRetail Desert Hot Springs 8.5% 5.1% 0.4% -2.8% 25.0% 3.6% 338,922 336,448 0.7% Office Equipment Restaurants Heavy Industry Department Stores Eastvale 0.1% 24.8% -2.8% 15.9% 6.6% 56.2% 1,502,500 1,411,526 6.4% Food Markets BIdg.Matls-Whsle Miscellaneous Retail Electronic Equipment Hemet 1.8% 4.9% 11.1% -3.3% 3.5% -24.9% 2,303,969 2,179,247 5.7% Auto Sales - New Restaurants Service Stations Light Industry Indian Wells 3.1% 5.4% 56.8% -48.1% -64.0% 1345.8% 220,290 213,536 3.2% Restaurants Recreation Products Light Industry Food Markets Indio 1.5% -0.4% 10.6% 10.6% 34.2% 3.7% 2,067,029 1,916,425 7.9% Heavy Industry Auto Sales - New Food Markets Light Industry Jurupa Valley 16.2% 1.6% -4.9% 25.8% 22.7% 23.6% 2,197,554 1,997,889 10.0% Department Stores BIdg.Matls-Whsle Service Stations Leasing LaQuin ta 0.8% 0.9% 6.2% -14.5% 9.9% 36.8% 1,997,609 1,997,290 0.0%Auto Sales - New Restaurants BIdg.Matls-Retail Service Stations Lake Elsinore -1.7% 4.4% 1.0% 18.0% -3.0% -55.7% 1,809,107 1,780,970 1.6% BIdg.Matls-Whsle Auto Sales - New Service Stations Miscellaneous Retail Menifee 2.8% 4.3% -1.2% 2.6% 12.9% 16.5% 1,249,446 1,213,502 3.0%Restaurants Misc. Vehicle Sales Service Stations Leasing Moreno Valley 2.8% 2.4% 6.3% 28.2% 16.3% -19.0% 3,598,192 3,395,702 6.0% BIdg.Matls-Whsle Auto Sales - New Office Equipment Food Markets Murrieta 1.7% 5.7% 16.9% 9.5% 20.9% 14.6% 3,050,262 2,811,712 8.5% Auto Sales - New Leasing Florist/Nursery Recreation Products Norco 1.2% 8.1% 8.5% 23.6% 6.0% -34.6% 1,221,939 1,136,814 7.5% Auto Sales - Used Auto Sales - New Service Stations Auto Parts/Repair Palm Desert 4.0% 10.0% -5.5% 0.9% 7.1% 23.6% 4,459,921 4,259,023 4.7% Apparel Stores Restaurants Auto Sales - New Service Stations Palm Springs 3.2% 5.8% 2.1% -3.3% 11.4% 20.6% 2,595,559 2,558,824 1.4%Restaurants Drug Stores Energy Sales BIdg.Matls-Retail Perris 0.0% 4.8% 10.2% 28.1% 22.1% 31.2% 1,887,302 1,659,454 13.7% Auto Sales - New Electronic Equipment Misc. Vehicle Sales Miscellaneous Retail Rancho Mirage 9.7% 1.8% 30.5% 6.9% 12.0% -14.9% 1,101,287 1,017,348 8.3% Auto Sales - New Miscellaneous Retail Misc. Vehicle Sales Bldg.Matls-Retail Riverside 2.7% 17.4% 9.9% 15.0% 11.7% 10.4% 12,519,753 11,403,637 9.8% Auto Sales - New Food Processing Eqp Service Stations Business Services Riverside County 6.6% 15.1% -3.1% -14.5% -65.9% -17.8% 7,134,212 8,120,210 -12.1% Food Processing Eqp Miscellaneous Retail Electronic Equipment Bldg.Matls-Whsle San Jacinto 0.9% 2.7% 4.4% 41.9% 2.2% 20.7% 534,400 525,657 1.7% Bldg .Matls-Whsle Restaurants Auto Sales Used Auto Parts/Repair Temecula 0.7% 3.9% 1.6% 5.6% 10.1% 9.3% 6,991,361 6,863,392 1.9%Auto Sales - Used Energy Sales Miscellaneous Retail Service 5tations Wildomar 8.4% 3.3% -2.9°% -24.7% 5.4% -4.0% 308,980 309,012 0.0%Food Markets Restaurants Service Stations BIdg.Matls-Whsle 121 MuniServices, LLC AGENDA ITEM 96 " R I V E R S I D E C O U N T Y T R A N S P O R T A T I O N C O M M I S S I O N D A T E : M a y 1 4 , 2 0 1 4 T O : R i v e r s i d e C o u n t y T r a n s p o r t a t i o n C o m m i s s i o n F R O M : B u d g e t a n d I m p l e m e n t a t i o n C o m m i t t e e M a r l a D y e , P r o c u r e m e n t A n a l y s t M a t t W a l l a c e , P r o c u r e m e n t M a n a g e r T H R O U G H : A n n e M a y e r , E x e c u t i v e D i r e c t o r S U B J E C T : S i n g l e S i g n a t u r e A u t h o r i t y R e p o r t B U D G E T A N D I M P L E M E N T A T I O N C O M M I T T E E A N D S T A F F R E C O M M E N D A T I O N : T h i s i t e m i s f o r t h e C o m m i s s i o n t o r e c e i v e a n d f i l e t h e S i n g l e S i g n a t u r e A u t h o r i t y r e p o r t f o r t h e t h i r d q u a r t e r e n d e d M a r c h 3 1 , 2 0 1 4 . B A C K G R O U N D I N F O R M A T I O N : C e r t a i n c o n t r a c t s a r e e x e c u t e d u n d e r s i n g l e s i g n a t u r e a u t h o r i t y a s p e r m i t t e d i n t h e C o m m i s s i o n ' s P r o c u r e m e n t P o l i c y M a n u a l a d o p t e d i n D e c e m b e r 2 0 1 2 . T h e E x e c u t i v e D i r e c t o r i s a u t h o r i z e d t o s i g n s e r v i c e s c o n t r a c t s t h a t a r e l e s s t h a n $ 1 0 0 , 0 0 0 i n d i v i d u a l l y a n d i n a n a g g r e g a t e a m o u n t n o t t o e x c e e d $ 1 m i l l i o n i n a n y g i v e n f i s c a l y e a r . A d d i t i o n a l l y , i n a c c o r d a n c e w i t h P u b l i c U t i l i t i e s C o d e S e c t i o n 1 3 0 3 2 3 ( c ) , t h e E x e c u t i v e D i r e c t o r i s a u t h o r i z e d t o s i g n c o n t r a c t s f o r s u p p l i e s , e q u i p m e n t , m a t e r i a l s , a n d c o n s t r u c t i o n o f a l l f a c i l i t i e s a n d w o r k s u n d e r $ 5 0 , 0 0 0 i n d i v i d u a l l y . T h e a t t a c h e d r e p o r t d e t a i l s a l l c o n t r a c t s t h a t h a v e b e e n e x e c u t e d f o r t h e t h i r d q u a r t e r e n d e d M a r c h 3 1 , 2 0 1 4 u n d e r t h e s i n g l e s i g n a t u r e a u t h o r i t y g r a n t e d t o t h e E x e c u t i v e D i r e c t o r . T h e u n u s e d c a p a c i t y o f s i n g l e s i g n a t u r e a u t h o r i t y f o r s e r v i c e s a t M a r c h 3 1 , 2 0 1 4 i s $ 5 5 5 , 4 7 3 . A t t a c h m e n t : S i n g l e S i g n a t u r e A u t h o r i t y R e p o r t a s o f M a r c h 3 1 , 2 0 1 4 A g e n d a i t e m 9 B 1 2 2 CONSULTANT AMOUNT AVAILABLE July 1, 2013 Green Com, Inc. Southern California Regional Rail Authority Switching Passenger Train Traffic at Pachappa Crossing over SR-91 0.00 30,000.00 30,000.00 Relocation Appeal Hearing Officer Services 10,000.00 5,548.59 4,451.41 SINGLE SIGNATURE AUTHOR TY AS OF March 31, 2014 DESCRIPTION OF SERVICES ORIGINAL CONTRACT PAID AMOUNT REMAINING AMOUNT CONTRACT AMOUNT Corner Stone Right of Way AECOM ThyssenKrupp Elevator Americas Baretel Associates, Inc Express Tra ns portion Systems, Inc Smith, Watts & Marinez LLC Arellano Associates Avila & Putnam, PLC HDR, Construction Control Corporation Southstar Engineering & Consulting Spectrum. Group $1,000,000.00 Public outreach services on the 1-215, Blaine St. to MLK Blvd Project 10,000.00 10,000.00 0.00 HOV Project Construction Contract Change Order Support for the I-215/SR-60 East 58,175.23 0.00 58,175.23 Junction HOV Project Elevator Maintenance Service -North Main Corona Station 54,000.00 11,981.60 42,018.40 Actuarial Valuation Serivices for OPEB Calculation 2,500.00 0.00 2,500.00 Taxi Service During the Maintenanace of the Pedestrian Crossing 1,257.20 1,257.20 0.00 Extra Work Public Opinion Survey - Quality of Life Issures in Riverside County Release sponsorship funds for specific event purposes necessary for the SR-91 GIP and PVL groundbreaking events Legal Services for Eminet Domain on the SR-91 CIP. Since anatyals fortjie CM Ser MLKSIvd Additional funds for Right of Way, Management Support SerUtces ation,SupportandErrorsand.0T1, iotaReuieerPsr, i!4,#intodal aa'Pebjeot Transportation Corridor Agencies _ FasTrakle License Agreement !" AON:Glottal Risk Consulting insurance Audit Services 63,800.00 10,000.00 53,800.00 48,590.03 11,409.97 60,000.00 50,000.00 7a 15,756.17 34,243.83 ;.4,000.00 ` ,,.... 3,625o0 3/5,00. ........... 20,000,00 1.eo o oo 1oo 45,000.00 AMOUNT USED 444,527.43 AMOUNT REMAINING through March 31, 2014 None NIA Marla, Dye Prepared by Reviewed by Agreements that fall under Public Utilities Code 130323 (C) Notes Shaded area represents new contracts Hated in thR,third quarter, $555,472.57 45,000.00: 123 " A G E N D A I T E M 9 C " " " R I V E R S I D E C O U N T Y T R A N S P O R T A T I O N C O M M I S S I O N D A T E : M a y 1 4 , 2 0 1 4 T O : R i v e r s i d e C o u n t y T r a n s p o r t a t i o n C o m m i s s i o n F R O M : W e s t e r n R i v e r s i d e C o u n t y P r o g r a m s a n d P r o j e c t s C o m m i t t e e D a v i d T h o m a s , T o l l P r o j e c t M a n a g e r T H R O U G H : A n n e M a y e r , E x e c u t i v e D i r e c t o r S U B J E C T : C o n s t r u c t i o n a n d M a i n t e n a n c e A g r e e m e n t s w i t h B u r l i n g t o n N o r t h e r n a n d S a n t a F e R a i l r o a d f o r t h e S t a t e R o u t e 9 1 C o r r i d o r I m p r o v e m e n t P r o j e c t W E S T E R N R I V E R S I D E C O U N T Y P R O G R A M S A N D P R O J E C T S C O M M I T T E E A N D S T A F F R E C O M M E N D A T I O N : T h i s i t e m i s f o r t h e C o m m i s s i o n t o : 1 ) A p p r o v e t h e c o n s t r u c t i o n a n d m a i n t e n a n c e ( C & M ) a g r e e m e n t s w i t h B u r l i n g t o n N o r t h e r n a n d S a n t a F e R a i l r o a d ( B N S F ) f o r t h e S t a t e R o u t e 9 1 C o r r i d o r I m p r o v e m e n t P r o j e c t ( S R - 9 1 C I P ) i n t h e a m o u n t $ 7 , 3 2 1 , 3 4 1 , p l u s a c o n t i n g e n c y a m o u n t o f $ 7 3 2 , 1 3 4 , f o r a t o t a l a m o u n t n o t t o e x c e e d $ 8 , 0 5 3 , 4 7 5 ; a ) A g r e e m e n t N o . 1 4 - 3 1 - 1 1 5 - 0 0 f o r W e s t P r a d o O v e r h e a d i n t h e a m o u n t o f $ 8 6 6 , 1 5 4 ; b ) A g r e e m e n t N o . 1 4 - 3 1 - 1 1 3 - 0 0 f o r E a s t P r a d o O v e r h e a d i n t h e a m o u n t o f $ 1 , 0 0 7 , 2 4 2 ; c ) A g r e e m e n t N o . 1 4 - 3 1 - 1 1 4 - 0 0 f o r W e s t P o r p h y r y O v e r h e a d i n t h e a m o u n t o f $ 4 , 9 8 5 , 6 2 4 ; a n d d ) A g r e e m e n t N o . 1 4 - 3 1 - 1 1 2 - 0 0 f o r E a s t P o r p h y r y O v e r h e a d i n t h e a m o u n t o f $ 4 6 2 , 3 2 1 ; S u b j e c t t o a n y i n c r e a s e s ( n o t t o e x c e e d t h e a u t h o r i z e d c o n t i n g e n c y ) o r r e d u c t i o n s i n f i n a l a m o u n t s , a s d e s c r i b e d ; 2 ) A u t h o r i z e t h e C h a i r o r E x e c u t i v e D i r e c t o r , p u r s u a n t t o l e g a l c o u n s e l r e v i e w , t o e x e c u t e t h e a g r e e m e n t s o n b e h a l f o f t h e C o m m i s s i o n ; a n d 3 ) A u t h o r i z e t h e E x e c u t i v e D i r e c t o r t o a p p r o v e c o n t i n g e n c y w o r k u p t o t h e t o t a l n o t t o e x c e e d a m o u n t , a s r e q u i r e d f o r t h e a g r e e m e n t s . B A C K G R O U N D I N F O R M A T I O N : 1 0 - Y e a r D e l i v e r y P l a n a n d T o l l i n g I n 2 0 0 2 , v o t e r s p a s s e d t h e 3 0 - y e a r e x t e n s i o n o f t h e M e a s u r e A p r o g r a m ( 2 0 0 9 - 2 0 3 9 ) . I n D e c e m b e r 2 0 0 6 , t h e C o m m i s s i o n a d o p t e d t h e 2 0 0 9 M e a s u r e A W e s t e r n R i v e r s i d e C o u n t y A g e n d a I t e m 9 C 1 2 4 Highway 10-Year Delivery Plan (10-Year Delivery Plan). The 10-Year Delivery Plan calls for the development of tolled express lane corridors on SR-91 and Interstate 15. Development of the SR-91 Corridor Improvement Project (CIP) The SR-91 CIP widens SR-91 through Corona, extends the existing 91 Express Lanes from the Orange County line to 1-15, improves five local interchanges, reconstructs a portion of the 15/91 interchange, and constructs other general purpose lane and toll express lane improvements within the corridor. Environmental approval for the SR-91 CIP was obtained in November 2012. Final design and construction is being accomplished via a design -build contract approved by the Commission on May 8, 2013. Corridor construction started in early 2014 with lanes scheduled to open to traffic in 2017. Construction Impacts to BNSF The SR-91 CIP crosses over BNSF property in four locations, at existing grade separated overheads, and directly impacts (i.e., shortens) the BNSF tracks in one location, the Monster Lead. The BNSF Monster Lead Wall agreement was approved by the Commission at the March 12, 2014 meeting. The four locations requiring C&M agreements are as follows and as shown on Attachment 1: 1. West Prado Overhead, which is adjacent to the SR-91/Green River Road interchange, 2. East Prado Overhead, which is located between the 71/91 interchange and the Serfas Club Drive interchange, 3. West Porphyry Overhead, which is located just west of the 15/91 interchange, and 4. East Porphyry Overhead, which is located just south of the 15/91 interchange. Over the past six months, staff has been working with the design -builder in the development of the SR-91 CIP plans to ascertain the extent of the impacts to the existing BNSF grade separation structures. In that same time period, staff worked with BNSF and Caltrans in the development of three -party C&M agreements, one for each of the four locations that would formalize the scope of work, obligations of each party, right of way required for the widening associated with the SR-91 CIP, and costs for the respective right of way and associated BNSF provided flagging services. The right of way costs associated with each location are comprised of permanent footing easements, a permanent aerial easement, and a temporary construction license. Attachment 2 provides a breakdown of all costs associated with each location. A copy of each of the four C&M agreements is included as Attachments 3, 4, 5, and 6, respectively. The total costs associated with each of the agreements are as follows: a) Agreement No. 14-31-115-00 for West Prado Overhead in the amount of $866,154; b) Agreement No. 14-31-113-00 for East Prado Overhead in the amount of $1,007,242; c) Agreement No. 14-31-114-00 for West Porphyry Overhead in the amount of $4,985,624; and d) Agreement No. 14-31-112-00 for East Porphyry Overhead in the amount of $462,321. • Agenda Item 9C 125 " T h e f o l l o w i n g s h o u l d b e n o t e d : 1 . A p o r t i o n o f t h e c o s t a s s o c i a t e d w i t h t h e W e s t P o r p h y r y O v e r h e a d C & M a g r e e m e n t , o r $ 3 , 6 1 6 , 4 9 9 , i s f o r B N S F - p r o v i d e d f l a g g i n g s e r v i c e s f o r a l l f o u r l o c a t i o n s . T h e C o m m i s s i o n w i l l b e r e i m b u r s e d b y t h e d e s i g n - b u i l d e r f o r a l l f l a g g i n g s e r v i c e s u s e d o n t h e p r o j e c t , a n d 2 . A p o r t i o n o f t h e c o s t a s s o c i a t e d w i t h t h e W e s t P r a d o O v e r h e a d C & M a g r e e m e n t , o r $ 1 2 8 , 0 0 0 , i s f o r a d d i t i o n a l B N S F - p r o v i d e d r a i l r o a d s i g n a l m a i n t e n a n c e s e r v i c e s f o r 5 0 y e a r s , t h e a n t i c i p a t e d l i f e o f t h e s i g n a l . T h i s a d d i t i o n a l m a i n t e n a n c e f e e i s d u e t o t h e f a c t t h e n e w w e s t b o u n d G r e e n R i v e r O f f R a m p s t r u c t u r e i s b e i n g c o n s t r u c t e d d i r e c t l y o v e r t h e e x i s t i n g B N S F r a i l r o a d s i g n a l t h u s i n c r e a s i n g t h e p r o b a b i l i t y t h a t s m o k e a n d s o o t f r o m r a i l r o a d l o c o m o t i v e s w i l l b e t r a p p e d u n d e r t h e s t r u c t u r e a r o u n d t h e s i g n a l a n d t h e r e f o r e i n c r e a s i n g t h e m a i n t e n a n c e r e q u i r e d f o r t h e s i g n a l . F u r t h e r , i t i s p o s s i b l e t h e a b o v e s p e c i f i e d v a l u e s f o r o n e o r m o r e o f t h e f o u r C & M a g r e e m e n t s m a y b e i n c r e a s e d o r r e d u c e d s h o u l d i t b e d e t e r m i n e d t h e S R - 9 1 C I P w i l l h a v e a g r e a t e r o r l e s s e r i m p a c t t o o n e o r m o r e o f t h e i d e n t i f i e d l o c a t i o n s . A n y s u c h i n c r e a s e s s h a l l b e l i m i t e d , i n t h e a g g r e g a t e , t o t h e a u t h o r i z e d c o n t i n g e n c y a m o u n t . s t a f f i s s e e k i n g a u t h o r i z a t i o n f o r t h e C h a i r o r E x e c u t i v e D i r e c t o r t o e x e c u t e , o n b e h a l f o f t h e C o m m i s s i o n , t h e a b o v e r e f e r e n c e d C & M a g r e e m e n t s , p u r s u a n t t o l e g a l c o u n s e l r e v i e w a n d s u b j e c t t o a n y r e v i s i o n s i n f i n a l a m o u n t s , a s d e s c r i b e d a b o v e , a n d a u t h o r i z a t i o n f o r t h e E x e c u t i v e D i r e c t o r t o a p p r o v e c o n t i n g e n c y w o r k . F i n a n c i a l I n f o r m a t i o n I n F i s c a l Y e a r B u d g e t : N / A Y e a r : F Y 2 0 1 4 / 1 5 + A m o u n t : $ 8 , 0 5 3 , 4 7 5 S o u r c e o f F u n d s : S a l e s T a x a n d T o l l B o n d P r o c e e d s , T I F I A L o a n P r o c e e d s B u d g e t A d j u s t m e n t : N / A G L / P r o j e c t A c c o u n t i n g N o . : 0 0 3 0 2 8 8 1 4 0 1 2 6 2 3 1 8 1 4 0 1 $ 4 , 0 7 5 , 3 2 6 ( e a s e m e n t s , l i c e n s e s , m a i n t e n a n c e , a d m i n i s t r a t i o n f e e s ) 0 0 3 0 2 8 8 1 3 0 4 2 6 2 3 1 8 1 3 0 1 $ 3 , 9 7 8 , 1 4 9 ( f l a g g i n g ) F i s c a l P r o c e d u r e s A p p r o v e d : v i l t e 4 , - i - , v , " - t D a t e : 0 4 / 1 8 / 2 0 1 4 A t t a c h m e n t s : ( P o s t e d o n C o m m i s s i o n W e b s i t e ) 1 ) B N S F G r a d e S e p a r a t i o n L o c a t i o n P l a n 2 ) C & M C o s t S u m m a r y 3 ) W e s t P r a d o C o n s t r u c t i o n a n d M a i n t e n a n c e A g r e e m e n t 4 ) E a s t P r a d o C o n s t r u c t i o n a n d M a i n t e n a n c e A g r e e m e n t 5 ) W e s t P o r p h y r y C o n s t r u c t i o n a n d M a i n t e n a n c e A g r e e m e n t 6 ) E a s t P o r p h y r y C o n s t r u c t i o n a n d M a i n t e n a n c e A g r e e m e n t A g e n d a I t e m 9 C 1 2 6 BRIDGE LIST ATKINSON/WALSH BRIDGE No. CALTRANS BRIDGE No. STRUCTURE NAME CROSSING MILE POST CROSSING NAME USDOT CROSSING No. 2 56-0865S W91-GREEN RIVER RD OFF -RAMP OH 29.54 WEST PRADO 026533K 3 56-0634L WEST PRADO OH (WIDEN) 6 56-0637 PRADO OVERHEAD (WIDEN) 27.92 EAST PRADO 026532D 7 24 56-0871E 91/15 EXPRESS LANES CONNECTOR 23.43 WEST PORHPYRY 026522X 25 56-0872H N15/515-W91 CONNECTOR OH 26 56-0446L W91 TEMESCAL WASH Br & OH (WIDEN) 27 56-0873 E91/TEMESCAL WASH OH 28 56-0874G E91-N15/S15 CONNECTOR OH 24 56-0871E 91/15 EXPRESS LANES CONNECTOR 22.95 EAST PORPHYRY 026595H EAST PRADO PRADO Rd -- — CRFFN Rt�ER Ra LEGEND: • BRIDGE 001 vi BNSF/AMTRAK/METROLINK WEST PRADO BNSF BRIDGE KEY MAP WEST PORPHYRY ATTACHMENT 1 BNSF/AMTRAK/METROLINK NO SCALE ATTACHMENT 2 SR91 CIP BNSF Construction and Maintenance Agreement Summary 1. West Prado Overhead Easement Type Square Footage Value per SF % of Full Value Years Cost Aerial 38,017 $8.00 50% N/A $152,068 Footings 7,674 $8.00 100% N/A $61,392 Temporary Const 217,789 $8.00 10% 3 years $522,694 Administration Fee $2,000 Right of Way Total $738,154 Signal Maintenance $128,000 Agreement Total $866,154 2. East Prado Overhead Easement Type Square Footage Value per SF % of Full Value Years Cost Aerial 25,336 $7.75 50% N/A $98,177 Footings 27,829 $7.75 100% N/A $215,675 Temporary Const 297,372 $7.75 10% 3 years $691,390 Administration Fee $2,000 Right of Way & Agreement Total $1,007,242 3. West Porphyry Overhead Easement Type Square Footage Value per SF % of Full Value Years Cost Aerial 87,397 $15.50 50% N/A $677,327 Footings 13,664 $15.50 100% N/A $211,792 Temporary Const 102,797 $15.50 10% 3 years $478,006 Administration Fee $2,000 Right of Way Total $1,369,125 Flagging Costs $3,616,499 Agreement Total $4,985,624 4. East Porphyry Overhead Easement Type Square Footage Value per SF % of Full Value Years Cost Aerial 16,154 $15.50 50% N/A $125,194 Footings 1,258 $15.50 100% N/A $19,499 Temporary Const 67,877 $15.50 10% 3 years $315,628 Administration Fee $2,000 Right of Way & Agreement Total $462,321 Total $7,321,341 ATTACHMENT 3 WEST PRADO OVERHEAD CONSTRUCTION and MAINTENANCE AGREEMENT BNSF Agreement No. BF-1000XXXX STATE Contract No. 08R189 RCTC Agreement No. 14-31-115-00 West Prado Overhead, State Bridge No. 56-634 R/L US DOT No. 026533K San Bernardino Subdivision LS 7602 MP 29.54 This Agreement ("Agreement"), is executed to be effective as of this day of , 201_ ("Effective Date"), by and between BNSF RAILWAY COMPANY, a Delaware corporation ("BNSF"), the STATE OF CALIFORNIA, acting through the Department of Transportation, hereinafter referred to as ("STATE"), and the RIVERSIDE COUNTY TRANSPORTATION COMMISSION hereinafter referred to as ("RCTC"), a public entity of the State of California, hereinafter referred to as ("Parties"). RECITALS: WHEREAS, BNSF owns and operates a line of railroad in and through the City of Corona, County of Riverside, State of California, hereinafter referred to as ("Rail Corridor"); WHEREAS, STATE and The Atchison, Topeka and Santa Fe Railway Company, predecessor in interest to BNSF entered into an agreement dated April 27, 1970 carried in BNSF's records as Contract No. 133559, ("Original Agreement") which provided for the construction and maintenance of two State Route 91 grade separation structures known as the East Prado Overhead, DOT No. 026532D, and the West Prado Overhead, DOT No. 026533K, as well as the construction of a drainage facility known as the Wardlow Wash ("Wardlow Wash") over and across BNSF's Rail Corridor, and over its tracks; WHEREAS, the Original Agreement was supplemented on April 1, 1991 to provide for the construction of HOV Lanes in the median areas on both overheads; WHEREAS, the Original Agreement was further supplemented on March 4, 1997 to provide for the seismic retrofitting of both overheads; WHEREAS, the Original Agreement and all supplements were superseded by an Overpass Agreement, dated May 18, 2009 which provided for the adding of a general purpose lane including the widening of all lanes and shoulders to standard widths on the eastbound portion of State Route 91. WHEREAS, RCTC has adopted a project to extend the existing tolled express lanes on State Route 91 between the Riverside/Orange County line and Interstate Highway 1-15 ("SR-91 Corridor Improvement Project"); WHEREAS, the SR-91 Corridor Improvement Project will involve the modification of four existing overheads, that cross BNSF's Rail Corridor: East Porphyry Overhead (1-15) DOT No. 026595H, West Porphyry Overhead (Temescal) DOT No. 026522X, East Prado Overhead DOT No. 026532D, and West Prado Overhead DOT No. 026533K, and the shortening of BNSF's Monster Lead Track No. 4365; WHEREAS, RCTC and STATE desire to proceed with the modification of the West Prado Overhead, involving the demolition and widening of the West Prado Overhead and the demolition, widening, and Page 1 of 17 West Prado Overhead C&M Agreement April 17, 2014 reconstruction of the existing westbound Green River Road Off Ramp to accommodate the SR-91 Corridor Improvement Project. The Green River Road Off Ramp will be constructed as a 5 span, cast -in - place post -tensioned reinforced concrete box girder bridge, 940 feet long. The width of the Green River Road Off Ramp varies from 38'-10" wide to a maximum width of 50'-10" and is supported on concrete piers and abutments. At Bents 2, 4, and 5, the superstructure is supported by a single 7'-0"X10'-6" octogonal column and at Bent 3 the superstructure is supported by a 2 column outrigger bent that spans across the BNSF tracks. The widened West Prado Overhead and the widened westbound Green River Road Off Ramp as reconstructed shall be referred to herein collectively as the "STRUCTURE". WHEREAS, RCTC will fund the cost to design and construct the SR-91 Corridor Improvement Project using a design build contractor ("Contractor"); WHEREAS, the Parties have entered into an agreement dated in connection with the modification of the West Porphyry Overhead ("WPCMA"); WHEREAS, the WPCMA provides for the invoicing of the costs of the railroad work performed by BNSF and the reimbursement to BNSF of such costs in connection with the modification of all four of the overheads which are part of the SR-91 Corridor Improvement Project; WHEREAS, STATE is the owner of State Route 91, Interstate Highway 1-15, and the State Highway System; WHEREAS, RCTC and STATE have entered into Cooperative Agreement No. 08-1468 dated July 25, 2012, permitting RCTC to acquire property on behalf of STATE and to design and construct the SR-91 Corridor Improvement Project; WHEREAS, upon completion and acceptance of the SR-91 Corridor Improvement Project by STATE, STATE will thereafter own and maintain all highway improvements made by RCTC under this Agreement; WHEREAS, pursuant to this Agreement, RCTC will acquire from BNSF a Temporary Construction License; and WHEREAS, pursuant to this Agreement, RCTC will acquire a permanent easement ("Easement"), on behalf of the STATE, as required for the SR-91 Corridor Improvement Project. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the Parties contained herein, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: ARTICLE I — SCOPE OF WORK 1. The term "Project" as used herein includes any and all work related to the demolition and widening of the West Prado Overhead, the demolition, widening and reconstruction of the Green River Road Off Ramp, and the cut back of the southwesterly slope of BNSF's roadbed, more particularly described and depicted on Exhibit A, which is attached hereto and incorporated herein, including but not limited to, any and all changes to telephone, telegraph, signal and electrical lines, other utilities and appurtenances, alterations to or new construction of drainage facilities, preliminary and construction engineering, construction management, and contract preparation. Additionally, temporary controls during construction must be in compliance with Section 8A-08, 'Temporary Traffic Control Zones" of the Manual of Uniform Traffic Control Devices ("MUTCD"), U.S. Department of Transportation. ARTICLE II — BNSF OBLIGATIONS In consideration of the covenants of STATE and RCTC set forth herein and the faithful performance thereof, BNSF agrees as follows: Page 2 of 17 West Prado Overhead C&M Agreement April 17, 2014 1. Upon RCTC's payment to BNSF of an administration fee in the sum of Two Thousand and No/100 Dollars ($2,000.00) and the payment of XXXX and No/100 Dollars ($00,000.00) as compensation for a temporary construction license fee, BNSF hereby grants to RCTC, its successors and assigns, upon and subject to the terms and conditions set forth in this Agreement, a temporary non-exclusive license, hereinafter called, ("Temporary Construction License") to construct the Project across or upon the portion of BNSF's Rail Corridor as described further in the Legal Description, Exhibit H and shown on Parcel Map Exhibit H1, excepting and reserving BNSF's rights, and the rights of any others who have obtained, or may obtain, permission or authority from BNSF, to do the following: (a) Operate, maintain, renew and/or relocate any and all existing railroad track or tracks, wires, pipelines and other facilities of like character upon, over or under the surface of said Rail Corridor. (b) Construct, operate, maintain, renew and/or relocate upon said Rail Corridor, without limitation, such facilities as BNSF may from time to time deem appropriate, provided such additional facilities do not materially interfere with RCTC's construction of the Project; (c) Otherwise use or operate the Rail Corridor as BNSF may from time to time deem appropriate, provided such use or operations does not materially interfere with STATE's use of the STRUCTURE; (d) Require RCTC or its Contractor to execute a Temporary Construction Crossing Agreement, for any temporary crossing requested to aid in the construction of the Project. The term of the Temporary Construction License shall begin on the Notice to Commence Construction date as set forth hereinafter in Article III, Section 15 and ends on the earlier of (i) substantial completion of the Project, or (ii) Thirty Six (36) months following the Notice to Commence Construction. The Temporary Construction License and related rights to be given by BNSF to RCTC shall be without warranty of title of any kind, express or implied, and no covenant of warranty of title will be implied from the use of any word or words therein contained. The Temporary Construction License shall be for the construction of the Proiect and for no other purpose. In the event STATE or RCTC is evicted by anyone owning, or claiming title to or any interest in said Rail Corridor, BNSF will not be liable to STATE or RCTC for any damages, losses or any expenses of any nature whatsoever. BNSF shall not grant similar rights to others, subsequent to the date of this Agreement, that impair or interfere with the rights granted to RCTC pursuant to the Temporary Construction License. 2. State or RCTC shall pay BNSF the additional sum of )000X and No/100 Dollars ($00,000.00) as compensation for the Easement, such payment to be made upon execution of this Agreement. Within thirty (30) days of BNSF's final inspection of the completed STRUCTURE, BNSF shall deliver to STATE the executed Easement in the form attached hereto as Exhibit B and incorporated herein by reference, providing STATE, its successors and assigns, a perpetual easement to enter upon and use that portion of the Rail Corridor described therein as is necessary to use and maintain the STRUCTURE. 3. BNSF will furnish all labor, materials, tools, and equipment for railroad work required for the construction of the Project. The Parties agree that the estimated cost of all railroad work for modification of the East Prado Overhead, the West Prado Overhead, the East Porphyry Overhead and the West Porphyry Overhead in connection with the SR-91 Corridor Improvement Project shall all be included such railroad work and the estimated cost thereof being as shown on Exhibit D attached to the West Porphyry Construction and Maintenance Agreement, WPCMA, and made a part thereof. In the event construction on the Project has not commenced within six (6) months following the Effective Date, BNSF may, in its sole and absolute discretion, revise the cost estimates set forth in said Exhibit D. In such event, the revised cost estimates will become a part of the WPCMA as though originally set forth therein. Any item of work incidental to the items listed on Exhibit D not specifically mentioned therein may be included as a part of the WPCMA upon written approval of RCTC, which approval will not be unreasonably withheld. Construction of the Project will include the following principal elements of railroad work by BNSF: Page 3 of 17 West Prado Overhead C&M Agreement April 17, 2014 (a) Procurement of materials, equipment and supplies necessary for the railroad work; (b) Preliminary engineering, design, and contract preparation; (c) Furnishing of flagging services necessary for the safety of BNSF's property and the operation of its trains during construction of the Project as set forth in further detail on Exhibit C, attached to this Agreement and made a part hereof; (d) Furnishing of engineering and inspection as required in connection with the construction of the Project; and (e) Providing a contract project coordinator, at RCTC's expense, to serve as a project manager for the Project. 4. BNSF will construct all railroad work set forth in Article II, Section 3 above on an actual cost basis, when BNSF, in its sole discretion, determines it is required by its labor agreements to perform such work with its own employees working under applicable collective bargaining agreements or by contractor(s) if necessary. In conducting the work hereunder, for any work that BNSF subcontracts, BNSF shall comply with all applicable State prevailing wage requirements. BNSF subcontracts for work under this Agreement shall be with the lowest qualified bidder, selected by BNSF pursuant to its normal and customary bidding processes. BNSF shall require any contractors completing work under this Agreement to obtain insurance sufficient to cover the risks associated with such work, as determined by BNSF. 5. RCTC agrees to reimburse BNSF for work of an emergency nature caused by RCTC or RCTC's Contractor in connection with the Project which is reasonably necessary for the immediate restoration of railroad operations, or for the protection of persons or BNSF property. Such work may be performed by BNSF with notification provided to RCTC as soon as practicable and RCTC agrees to fully reimburse BNSF for all such emergency work. 6. BNSF may charge RCTC for insurance expenses, including self-insurance expenses, when such expenses cover the cost of Employer's Liability (including, without limitation, liability under the Federal Employer's Liability Act) in connection with the construction of the Project. Such charges will be considered part of the actual cost of the Project, regardless of the nature or amount of ultimate liability for injury, loss or death to BNSF's employees, if any. 7. The invoicing of the costs of the railroad work performed by BNSF under this Agreement, as well as RCTC's obligation to reimburse BNSF for such costs, shall be in accordance with the provisions of the WPCMA pertaining thereto. 8. BNSF agrees to comply and to require its contractors to comply with the ("Buy America") requirements set forth in the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) Sections 1041(a) and 1048(a), 23 U.S.C. 313 and 23 C.F.R. Part 635.410, which are incorporated into this Agreement by reference, and which require that all steel, iron, and manufactured products used in FHWA-funded projects are produced in the United States, unless a waiver has been granted by FHWA or the product is subject to a general waiver. In conformance with the foregoing specified laws and regulations, all manufacturing processes for steel and iron materials furnished for incorporation into the work shall occur in the United States; with the exception that pig iron and processed, pelletized and reduced iron ore manufactured outside of the United States may be used in the domestic manufacturing process for such steel and iron materials. The application of coatings, such as epoxy coating, galvanizing, painting, and other coating that protects or enhances the value of steel or iron materials shall be considered a manufacturing process subject to the Buy America requirements. Page 4 of 17 West Prado Overhead C&M Agreement April 17, 2014 The Buy America requirements do not prevent a minimal use of foreign steel and iron materials if the total combined cost of the materials used does not exceed one -tenth of one percent (0.1%) of the total contract cost or $2,500, whichever is greater. BNSF shall maintain documentation of the quantity and value of the foreign steel and iron prior to incorporating the materials into the work, if any. ARTICLE III — RCTC OBLIGATIONS In consideration of the covenants of STATE and BNSF set forth herein and the faithful performance thereof, RCTC agrees as follows: 1. RCTC shall furnish to BNSF and STATE plans and specifications for the STRUCTURE together with calculations with the railroad clearances expressed in English Units. One complete reduced size 11" x 17" paper copy shall be submitted to BNSF's Director Bridge Engineering. A PDF copy of the plans and specifications should be sent to BNSF's Manager Public Projects and BNSF's. Director Bridge Engineering. The PDF copy with a file size of two (2) megabytes or less should be sent via an email attachment. Should the PDF copy of the plans and specifications exceed two (2) megabytes, a CD (Compact Disk) of the plans and specifications should be sent via overnight mail service to both BNSF offices. The email and mailing addresses are included in Article V, Section 21. Sets of said plans shall be submitted to BNSF and STATE for approval prior to commencement of any construction. BNSF will give RCTC final written approval of the plans and specifications substantially in the form of Exhibit E, attached to this Agreement and made a part hereof. Upon BNSF's final written approval of the plans and specifications, said plans and specifications will become part of this Agreement and are hereby incorporated herein. Any approval of the plans and specifications by BNSF shall in no way obligate BNSF in any manner with respect to the finished product design and/or construction. Any approval by BNSF shall mean only that the plans and specifications meet BNSF standard specifications, and such approval by BNSF shall not be deemed to mean that the plans and specifications or construction is structurally sound and appropriate or that such plans and specifications meet applicable regulations, laws, statutes or local ordinances and/or building codes. 2. RCTC must make application to the California Public Utility Commission ("Commission") for an order authorizing construction of the Project and will furnish the Commission plans of the proposed construction, approved by BNSF, together with a copy of this Agreement. 3. RCTC must obtain all other required permits and approvals for the construction of the Project. 4. RCTC must provide for and maintain minimum vertical and horizontal clearances, as required and approved by BNSF as part of the plans and specifications for the Project. 5. RCTC will make any and all arrangements, in compliance with BNSF's Utility Accommodation Manual (http://www.bnsf.com/communities/faqs/pdf/utility.pdf), for the installation or relocation of wire lines, pipe lines and other facilities owned by private persons, companies, corporations, political subdivisions or public utilities other than BNSF which may be necessary for the construction of the Project. 6. RCTC must construct the Project as shown on the attached Exhibit A and do all work provided for in the plans and specifications for the Project, except railroad work that will be performed by BNSF herein. RCTC must furnish all labor, materials, tools and equipment for the performance of RCTC's work. The principal elements of RCTC's work are as follows: (a) Preliminary and final Engineering; (b) Demolition and widening of the existing West Prado Overhead; (c) Demolition, widening and reconstruction of the existing westbound Green River Road Off Ramp; Page 5 of 17 West Prado Overhead C&M Agreement April 17, 2014 (d) Design and the construction of the STRUCTURE; (e) Cutback of the southwesterly slope of BNSF's roadbed; (f) Providing of suitable drainage, both temporary and permanent; (g) All other necessary grading and paving, including backfill of excavations and restoration of disturbed vegetation on BNSF's Rail Corridor; (h) Application of the DOT No. 026533K and the CPUC No. 002B-29.54-A in conspicuous locations on the STRUCTURE; (i) Providing of pedestrian and trespasser control during construction; (j) Removal of the sleeves for any CID Piles to a depth of five feet below ground surface; and (k) Job site cleanup within Project area including removal of all construction materials, concrete debris, surplus soil, refuse, disturbed contaminated soils, asphalt debris, litter and other waste materials to the satisfaction of BNSF. 7. RCTC will acquire all properties and/or easement rights or construction licenses required to construct and/or maintain the Project. 8. RCTC's Work must be performed by RCTC or RCTC's Contractor in a manner that will not endanger or interfere with the safe and timely operations of BNSF and STATE and their facilities. 9. RCTC must require its Contractor(s) to notify BNSF's Roadmaster at least thirty (30) calendar days prior to requesting a BNSF flagman in accordance with the requirements of Exhibit C attached hereto. Additionally, RCTC must require its Contractor(s) to notify BNSF's Manager Public Projects thirty (30) calendar days prior to commencing work on BNSF property or near BNSF tracks. 10. RCTC or its Contractor(s) shall submit one reduced size 11" x 17" paper copy, including calculations, expressed in English Units of the plans and specifications for proposed shoring, or cribbing to be used over, under, or adjacent to BNSF's tracks to BNSF's Director Bridge Engineering. RCTC or its Contractor(s) shall submit a PDF copy of the plans and specifications for the proposed shoring, or cribbing to both BNSF's Manager Public Projects and BNSF's Director Bridge Engineering. The PDF copy with a file size of two (2) megabytes or less should be sent via an email attachment. Should the PDF copy of the plans and specifications exceed two (2) megabytes, a CD (Compact Disk) of the plans and specifications should be sent via overnight mail service to both BNSF offices for approval. The email and mailing addresses are included in Article V, Section 21. The shoring, or cribbing used by RCTC's Contractor shall comply with the BNSF Bridge Requirements set forth on Exhibit F, and BNSF's INSTRUCTIONS FOR PREPARATION OF DEMOLITION PLANS as set forth in Exhibit G with both Exhibits attached to this Agreement and incorporated herein, and all applicable requirements promulgated by state and federal agencies, departments, commissions and other legislative bodies. 11. RCTC must include the following provisions in any contract with its Contractor(s) performing work on the Project: (a) The Contractor is placed on notice that fiber optic, communication and other cable lines and systems (collectively, the "Lines") owned by various telecommunications companies may be buried on BNSF's property or Rail Corridor. The locations of these Lines have been included on the plans based on information from the telecommunications companies. The Contractor will be responsible for contacting BNSF's OneCall (telephone number (800) 533-2891) and the telecommunications companies and Page 6 of 17 West Prado Overhead O&M Agreement April 17, 2014 notifying them of any work that may damage these Lines or facilities and/or interfere with their service. The Contractor must also mark all Lines shown on the plans or marked in the field in order to verify their locations. The Contractor must also use all reasonable methods when working in the BNSF Rail Corridor or on BNSF property to determine if any other Lines (fiber optic, cable, communication or otherwise) may exist. (b) Failure to mark or identify these Lines will be sufficient cause for any BNSF Representative to stop construction at no cost to RCTC or BNSF until these items are completed. (c) In addition to the liability terms contained elsewhere in this Agreement, the Contractor hereby indemnifies, defends and holds harmless BNSF for, from and against all cost, liability, and expense whatsoever (including, without limitation, attorney's fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of Contractor, its subcontractors, agents and/or employees that cause or in any way or degree contribute to (1) any damage to or destruction of any Lines by Contractor, and/or its subcontractors, agents and/or employees, on BNSF's property or within BNSF's Rail Corridor, (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on BNSF's property or within BNSF's Rail Corridor, and/or (3) any claim or cause of action for alleged loss of profits or revenue by, or loss of service by a customer or user of such telecommunication company(ies). THE LIABILITY ASSUMED BY CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE, DESTRUCTION, INJURY, DEATH, CAUSE OF ACTION OR CLAIM WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, UNLESS SUCH CLAIMS ARE WHOLLY CAUSED BY THE WILLFUL MISCONDUCT OR SOLE NEGLIGENCE OF BNSF. (d) The Contractor will be responsible for the rearrangement of any facilities or Lines determined to interfere with the construction. The Contractor must cooperate fully with any telecommunications company(ies) in performing such rearrangements. 12. RCTC, must incorporate in each prime contract for construction of the Project, or the specifications therefor (i) the provisions set forth in Articles III and IV, and (ii) the provisions set forth in Exhibit C, Exhibit C-1, Exhibit F, and Exhibit G, attached hereto and by reference made a part hereof. 13. Except as otherwise provided below in this Section 13, all construction work performed hereunder by RCTC for the Project will be pursuant to a contract or contracts to be let by RCTC, and all such contracts must include the following: (a) All work performed under such contract or contracts within the limits of BNSF's Rail Corridor must be performed in a good and workmanlike manner in accordance with plans and specifications approved by BNSF; (b) Changes or modifications during construction that affect safety or BNSF operations must be subject to BNSF's approval; (c) No work will be commenced within BNSF's Rail Corridor until each of the prime Contractors employed in connection with said work must have (i) executed and delivered to BNSF an agreement in the form of Exhibit C-1, and (ii) delivered to and secured BNSF's approval of the required insurance; (d) If it is in RCTC's best interest, RCTC may direct that the construction of the Project be done by day labor under the direction and control of RCTC, or if at any time, in the opinion of RCTC, the Contractor has failed to prosecute with diligence the work specified Page 7 of 17 West Prado Overhead C&M Agreement April 17, 2014 in and by the terms of said contract, RCTC may terminate its contract with the Contractor and take control over the work and proceed to complete the same by day labor or by employing another contractor(s) provided, however, that any contractor(s) replacing the original Contractor(s) must comply with the obligations in favor of BNSF set forth above and, provided further, that if such construction is performed by day labor, RCTC will, at its expense, procure and maintain on behalf of BNSF the insurance required by Exhibit C-1; (e) To facilitate scheduling for the Project, RCTC shall have its Contractor give BNSF's Project Engineer at telephone number 909 386 4079 eight (8) weeks advance notice of the proposed times and dates for work windows. BNSF and RCTC's Contractor will establish mutually agreeable work windows for the Project. RCTC shall inform its Contractor that any request for work windows with less than eight (8) weeks advance notice will have a reduced probability of approval. BNSF has the right at any time to revise or change the work windows, due to train operations or service obligations. BNSF will not be responsible for any additional costs and expenses resulting from a change in work windows. Additional costs and expenses resulting from a change in work windows shall be accounted for in the Contractor's expenses for the Project; and (f) If applicable, the plans and specifications for the STRUCTURE must be in compliance with the Bridge Requirements set forth in said Exhibit F and the INSTRUCTIONS FOR PREPARATION OF DEMOLITION PLANS set forth in Exhibit G, with both Exhibits attached to this Agreement and incorporated herein. 14. RCTC must give BNSF's Manager Public Projects written notice to proceed ("Notice to Proceed") with the railroad work and advance the funds for the estimated cost of the railroad portion of the Project to BNSF as set forth in Exhibit D. BNSF will not begin the railroad work (including, without limitation, procurement of supplies, equipment or materials) until written Notice to Proceed and funds for construction of the railroad portion of the Project are received from RCTC. The Notice to Proceed must reference BNSF's Agreement No. BF-1000XXXX. 15. Subject to the restrictions imposed by Article V, Section 11 below, construction of the Project will not commence until RCTC gives BNSF's Manager Public Projects thirty (30) days written notice to commence construction ("Notice to Commence Construction") when the Contractor has satisfied the requirements set forth hereinabove in Article III, Section 13 (c) and will enter BNSF Rail Corridor to begin construction. The Notice to Commence Construction must reference BNSF's Agreement No. BF-1000XXXX and must state the time that construction activities will begin. 16. RCTC must advise BNSF's Manager Public Projects, in writing, of the completion date of the Project within thirty (30) days after such completion date ("Notification of Completion"). Additionally, RCTC must notify BNSF's Manager Public Projects, in writing, of the date on which RCTC, and/or STATE and/or RCTC's Contractor will meet with BNSF for the purpose of making final inspection of the Project. 17. Construction of the westbound Green River Road Off Ramp over BNSF's East Bound Cantilever Signal No. MT 1 Signal 4EB, MT 2 Signal 4EA, MT 3 Signal 6E ("Signal") located at BNSF's MP 29.625 will increase the Signal's cost of maintenance. Within thirty (30) days of the Notification of Completion of the Project as set forth set forth hereinabove in Article III, Section 16 and final acceptance by BNSF, RCTC, and STATE, RCTC shall pay to BNSF directly, and BNSF agrees to accept in full, complete, and final satisfaction of the Signal's increased maintenance cost obligation over the fifty year lifetime of the Signal, a one-time, lump sum, liquidated amount of One Hundred Twenty Seven Thousand Nine Hundred Thirty Nine and No/100 Dollars ($127,939.00). 18. RCTC HEREBY RELEASES, INDEMNIFIES, DEFENDS AND HOLDS HARMLESS BNSF, ITS AFFILIATED COMPANIES, PARTNERS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, FINES, PENALTIES, COSTS, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, DEMANDS, JUDGMENTS AND EXPENSES (INCLUDING, Page 8 of 17 West Prado Overhead C&M Agreement April 17, 2014 WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS' FEES) OF ANY NATURE, KIND OR DESCRIPTION OF ANY PERSON (INCLUDING, WITHOUT LIMITATION, THE EMPLOYEES OF THE PARTIES HERETO) OR ENTITY DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM OR RELATED TO (IN WHOLE OR IN PART) (I) THE USE, OCCUPANCY OR PRESENCE OF RCTC, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES OR AGENTS IN, ON, OR ABOUT THE CONSTRUCTION SITE, (II) THE PERFORMANCE, OR FAILURE TO PERFORM BY RCTC, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR AGENTS, ITS WORK OR ANY OBLIGATION UNDER THIS AGREEMENT, (III) THE SOLE OR CONTRIBUTING ACTS OR OMISSIONS OF RCTC, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR AGENTS IN, ON, OR ABOUT THE CONSTRUCTION SITE, (IV) RCTC'S BREACH OF THE TEMPORARY CONSTRUCTION LICENSE GRANTED TO RCTC PURSUANT TO ARTICLE II OF THIS AGREEMENT, (V) ANY RIGHTS OR INTERESTS GRANTED TO RCTC PURSUANT TO THE TEMPORARY CONSTRUCTION LICENSE DISCUSSED IN ARTICLE II OF THIS AGREEMENT, (VI) RCTC'S OCCUPATION AND USE OF BNSF'S PROPERTY OR RAIL CORRIDOR AS CONTEMPLATED IN THIS AGREEMENT, OR (VII) AN ACT OR OMISSION OF RCTC OR ITS OFFICERS, AGENTS, INVITEES, EMPLOYEES OR CONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER AS RELATES TO THIS AGREEMENT. THE LIABILITY ASSUMED BY RCTC WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE, DESTRUCTION, INJURY OR DEATH WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, UNLESS SUCH CLAIMS ARE WHOLLY CAUSED BY THE WILLFUL MISCONDUCT OR SOLE NEGLIGENCE OF BNSF. ARTICLE IV - STATE OBLIGATIONS In consideration of the covenants of BNSF and RCTC herein contained and the faithful performance thereof, STATE agrees: 1. To permit RCTC to act as the responsible lead agency to design and construct the Project. 2. In addition to the terms and conditions set forth elsewhere in this Agreement, including, but not limited to, the terms and conditions stated in Exhibit F, BNSF and STATE agree to the following terms upon completion of construction of the Project: (a) BNSF will own and maintain, at its sole cost and expense, its roadbed, track, railroad drainage, and all other railroad facilities; (b) STATE will own and maintain, at its sole cost and expense, the STRUCTURE, the highway approaches, and appurtenances thereto, lighting, drainage and any access roadway to BNSF gates installed pursuant to this Agreement. BNSF may perform maintenance on the STRUCTURE in order to avoid conflicts with train operation. BNSF will notify STATE for concurrence prior to performing any such maintenance on the STRUCTURE. In the event such maintenance involves emergency repairs due to an earthquake, fire, flood, damage from vehicular impacts or other emergent situations, BNSF will immediately notify STATE of items in need of repair that are under STATE's responsibility. If the STATE does not complete the repairs that have been mutually agreed to within a reasonable time period, BNSF personnel and/or providers may perform the repairs and invoice the STATE for the entire cost of such repairs. Notwithstanding the foregoing, BNSF may remove any materials that infringe upon or violate the minimum clearances described in Exhibit C by methods that would not cause damage to the structural integrity of the bridge without prior notice to, or concurrence by, STATE. STATE agrees to reimburse BNSF for the costs it incurs pursuant to this subsection (b). Page 9 of 17 West Prado Overhead C&M Agreement April 17, 2014 (c) STATE must, at STATE's sole cost and expense, keep the STRUCTURE painted and free from graffiti; (d) STATE must maintain DOT No. 026533K and CPUC No. 002B-29.54-A in legible condition in the conspicuous locations on the STRUCTURE where applied by RCTC during construction; (e) It is understood by STATE that the right to install utilities is restricted to the placement of underground utilities beneath BNSF's tracks located a minimum of fifty (50) feet from abutments, piers, piles, or footings with the exception that upon BNSF's prior approval BNSF will permit selected utilities to be installed closer to the abutments, piers, piles, footings and/or run through the deck of the STRUCTURE. Under no circumstances will utilities be allowed to hang from the STRUCTURE. All utility crossings within the limits of BNSF's Rail Corridor will be covered by separate agreements between BNSF and each of the owners of the utilities; (f) (g) STATE must keep the STRUCTURE and surrounding areas clean and free from birds, pigeons, scavengers, vermin, creatures and other animals; and In conformance with and limited to the applicable effect of California Laws insofar as the indemnity and insurance provisions set forth in any of the preceding sections or any rider, amendment or addendum hereto, STATE is self -insured. If STATE performs (i) alterations or modifications to the STRUCTURE, or (ii) any maintenance or other work on the STRUCTURE with heavy tools, equipment or machinery at ground surface level horizontally within 25'-0" of the centerline of the nearest track, or (iii) any maintenance or other work outside the limits of the deck of the STRUCTURE vertically above the top of the rail, then STATE, shall provide BNSF defense and indemnification at least equal to the defense, indemnification and insurance provisions contained in Exhibit C-1 in accordance with California Government Code section 14662.5. Nothing herein shall be deemed to insure BNSF against its sole negligence or willful misconduct. Notwithstanding the foregoing, STATE agrees not to commence such alterations, modifications, maintenance, or other work to the STRUCTURE with day labor, until such time as (i) BNSF has procured, at STATE's sole cost and expense, a Railroad Protective Liability insurance policy naming BNSF as the insured, as required by Exhibit C-1, and (ii) STATE has reimbursed BNSF for the costs to obtain the Railroad Protective Liability insurance policy. 3. Subject to the restrictions imposed by Article V, Section 11 below, STATE must notify and obtain prior authorization from BNSF's Manager of Public Projects to perform (i) inspection, (ii), alterations or modifications to the STRUCTURE, or (iii) any maintenance or other work on, over or under the STRUCTURE before entering BNSF's Rail Corridor or for work located a minimum distance of 25'-0" measured horizontally from the centerline of the nearest track or a greater distance specified by BNSF's Manager Public Projects and must procure and maintain the insurance coverage required by Exhibit C-1 and comply with the obligations set forth in Exhibit C and Exhibit F, as the same may be revised from time to time. In the event any of the work to be done on behalf of STATE upon BNSF's Rail Corridor is to be done by a contractor, STATE will be responsible for its contractor(s) compliance with such obligations. 4. PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 14662.5, STATE HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS BNSF FROM, AND TO REPAIR OR PAY FOR ANY DAMAGE PROXIMATELY CAUSED BY REASON OF THE USES AUTHORIZED BY THIS AGREEMENT AND THE EASEMENT. ARTICLE V — JOINT OBLIGATIONS IN CONSIDERATION of the premises, the Parties hereto mutually agree to the following: Page 10 of 17 West Prado Overhead C&M Agreement April 17, 2014 1. All work contemplated in this Agreement must be performed in a good and workmanlike manner and each portion must be promptly commenced by the party obligated hereunder to perform the same and thereafter diligently prosecuted to conclusion in its logical order and sequence. Furthermore, any changes or modifications during construction which affect BNSF will be subject to BNSF's approval prior to the commencement of any such changes or modifications. BNSF will notify RCTC of potential impacts to the Project at the time said impacts are known subject to the provisions of Article II, Section 5. 2. The work hereunder must be performed in accordance with the Bridge Requirements set forth in Exhibit F, the INSTRUCTIONS FOR PREPARATION OF DEMOLITION PLANS as set forth in Exhibit G, and the detailed plans and specifications approved by BNSF. 3. RCTC must require its Contractor(s) to reasonably adhere to the Project's construction schedule for all Project work. At BNSF's discretion, any work that would affect train operations shall be scheduled at night. The Parties hereto mutually agree that BNSF's failure to complete the railroad work in accordance with the construction schedule due to inclement weather or unforeseen railroad emergencies will not constitute a breach of this Agreement by BNSF and will not subject BNSF to any liability. Regardless of the requirements of the construction schedule, BNSF reserves the right to reallocate the labor forces assigned to complete the railroad work in the event of an emergency to provide for the immediate restoration of railroad operations of either BNSF or its related railroads, or to protect persons or property on or near any BNSF owned property. BNSF will not be liable for any additional costs or expenses resulting from any such reallocation of its labor forces. The Parties mutually agree that any reallocation of labor forces by BNSF pursuant to this provision and any direct or indirect consequences or costs resulting from any such reallocation will not constitute a breach of this Agreement by BNSF. 4. BNSF shall have the right to request any RCTC employee, or STATE employee, who enters BNSF's Rail Corridor and because of their incompetence, neglect of duty and/or unsafe conduct, misconduct, or they adversely affect BNSF's operations or facilities, be removed from the Rail Corridor. In the event RCTC or STATE elects not to honor such request, BNSF may stop work within its Rail Corridor until the matter has been fully resolved to BNSF's satisfaction. The party whose employee has been asked to leave the Rail Corridor will indemnify BNSF and the other Parties against any claims arising from such removal. 5. BNSF will have the right to stop construction work on the Project if any of the following events take place ("Event of Default"): (i) Contractor (or any of its subcontractors) performs the Project work in a manner contrary to the plans and specifications approved by BNSF; (ii) Contractor (or any of its subcontractors), in BNSF's opinion, prosecutes the Project work in a manner that is hazardous to BNSF property, facilities or the safe and expeditious movement of railroad traffic; (iii) any RCTC employee or STATE employee because of their incompetence, neglect of duty and/or unsafe conduct or misconduct they adversely affect BNSF's operations or facilities as described in Article V, Section 4 above; (iv) the insurance described in the attached Exhibit C-1 is canceled during the course of the Project; or (v) RCTC or STATE breach any other provision of this Agreement. For an Event of Default as described in subsections (i), (ii), (iii), or (iv) above, BNSF may commence the work stoppage immediately, and shall provide notice to RCTC of such stoppage at the earliest time feasible. Prior to commencing any work stoppage for the Event of Default described in subsection (v) above, BNSF will first provide to RCTC thirty (30) days written notice of such Event of Default, and opportunity to cure. If RCTC fails to cure such Event of Default within the thirty (30) day period, the work stoppage may commence. Any work stoppage will continue until the breach is cured or until all necessary actions are taken by RCTC, its Contractor or subcontractors, to rectify the situation to the satisfaction of BNSF's Division Engineer or until proof of additional insurance has been delivered to and accepted by BNSF. Any work stoppage under this provision will not give rise to any liability on the part of BNSF. BNSF's right to stop the work is in addition to any other rights BNSF may have including, but not limited to, actions or suits for damages or lost profits. In the event that BNSF desires to stop construction work on the Project, BNSF agrees to immediately notify the following individual in writing: Page 11 of 17 West Prado Overhead C&M Agreement April 17, 2014 Michael Blomquist Toll Program Director RIVERSIDE COUNTY TRANSPORTATION COMMISSION 480 Lemon Street, 3`d Floor Riverside, CA 92502-2208 Office: (951) 778-1098 Fax (951) 787-7920 m blom q u istCc�rctc.org 6. RCTC's or STATE's employees, agents, Contractors, representatives and invitees shall wear Personal Protective Equipment ("PPE") when on the BNSF's Rail Corridor during construction of the Project or performing subsequent maintenance after completion of construction. The PPE shall meet applicable OSHA and ANSI specifications. Current BNSF PPE requirements are listed on the web site, www.BNSFContractor.com. A partial list of BNSF's PPE requirements include; a) safety glasses: permanently affixed side shields; no yellow lenses, b) hard hats with high visibility orange cover, c) safety shoes: hardened toe, above -the -ankle lace -up with a defined heel and d), high visibility retro-reflective orange vests are required as specified by BNSF's representative in charge of the Project. PPE requirements as defined on the web site, will be amended from time to time, and shall take precedence over the partial list of requirements outlined in this Section 6 of Article V. Hearing protection, fall protection and respirators will be worn as required by state and federal regulations. 7. RCTC must supervise and inspect the operations of all RCTC Contractors to ensure compliance with the plans and specifications approved by BNSF, the terms of this Agreement and all safety requirements of BNSF. If BNSF determines that proper supervision and inspection are not being performed by RCTC personnel or RCTC project and construction management consultants at any time during construction of the Project, BNSF has the right to stop construction (within or adjacent to its operating Rail Corridor). Construction of the Project will not proceed until RCTC corrects the situation to BNSF's reasonable satisfaction. If BNSF feels the situation is not being corrected in an expeditious manner, BNSF will immediately notify RCTC's Toll Program Director for appropriate corrective action. 8. Pursuant to this Section, and Article II, Section 7 herein, RCTC must reimburse BNSF in full for the actual costs of all work performed by BNSF under this Agreement (including taxes, such as applicable sales and use taxes, business and occupation taxes, and similar taxes). 9. In any action brought under this Agreement, the prevailing party shall be entitled to recover its actual costs and attorney's fees pursuant to California Civil Code Section 1717, as well as other litigation costs, including expert witness fees. The prevailing Party shall also be entitled to recover all actual attorney's fees and litigation costs incurred in connection with the enforcement of a judgment arising from such action or proceeding. 10. All expenses detailed in statements sent to RCTC pursuant to Article II, Section 7 herein will comply with the terms and provisions of Title 23 U.S. Code, Title 23 Code of Federal Regulations, and the Federal -Aid Policy Guide, U.S. Department of Transportation, as amended from time to time, which manual is hereby incorporated into and made a part of this Agreement by reference. RCTC agrees that BNSF's preliminary engineering, design, and contract preparation costs described in Article II herein are part of the costs of the Project even though such work may have preceded the date of this Agreement and the issuance of Notice to Proceed as more particularly described in Article III, Section 14. 11. The Parties mutually agree that no construction activities for the Project, nor future maintenance of the STRUCTURE once completed, that would interfere with operations of the Rail Corridor will be permitted during the fourth quarter of each calendar year. Emergency work will be permitted only upon prior notification to BNSF's Network Operations Center (telephone number: 800 832-5452). The Parties hereto mutually understand and agree that trains cannot be subjected to delay during this time period. 12. Within 90 days of the conclusion of the Project and final acceptance by BNSF and STATE, RCTC must provide BNSF with a complete electronic set of the bridge plans with the railroad clearances Page 12 of 17 West Prado Overhead C&M Agreement April 17, 2014 (prepared in English Units). BNSF will also accept a marked up paper copy of the bridge plans labeled "As Built". The marked up copy of those plans will reflect any and all deviations from the original plans that occurred during construction. The electronic set of bridge plans will be submitted in Micro Station *.dgn electronic format (preferred) or AutoCAD *.dwg format. Electronic plans are to be submitted in the original format used for CAD plan preparation and not converted to another format prior to submission. The As Built plans shall show actual measured "as constructed" clearances as well as depth, size and location of all foundation components. The plans shall show dimensioned locations of existing and relocated utilities. The As Built plans must comply with the Bridge Requirements set forth on Exhibit F and depict all information in BNSF engineering stationing and mile post pluses. The As Built plans must also include plan and profile, structural bridge drawings and specifications, and drainage plans. All improvements and facilities must be shown. It is understood that BNSF prefers to receive the As Built plans in an electronic format. 13. BNSF may, at its expense, make future changes or additions to its facilities if necessary or desirable, in BNSF's sole discretion, including, without limitation the following: (i) the right to raise or lower the grade or change the alignment of its tracks, (ii) the right to lay additional track or tracks, or (iii) the right to build other facilities in connection with the operation of its railroad. Such changes or additions must not change or alter the highway components of the STRUCTURE. If it becomes necessary or desirable in the future to change, alter, widen or reconstruct the highway components of the STRUCTURE to accommodate railroad projects, the cost of such work, including any cost incidental to alteration of railroad or highway facilities made necessary by any such changes to the STRUCTURE, will be divided between BNSF and STATE in such shares as may be mutually agreed to by them. Any alteration or reconstruction of the highway components of the STRUCTURE will be covered by a Commission order. 14. STATE may, at STATE's sole expense, alter or reconstruct the STRUCTURE if necessary or desirable, due to traffic conditions or pedestrian or other recreational traffic, provided, however, that any such alteration or reconstruction, must receive BNSF's prior written approval as evidenced by either a supplement to this Agreement, or execution of a new agreement that provides for the termination of this Agreement. Furthermore, any alteration or reconstruction of the highway components of the STRUCTURE will be covered by a Commission order. 15. Any books, papers, records and accounts of the Parties hereto relating to the work hereunder or the costs or expenses for labor and material connected with the construction will at all reasonable times be open to inspection and audit by the agents and authorized representatives of the Parties hereto and the Federal Highway Administration, for a period of three (3) years from the date of the final BNSF invoice under this Agreement. 16. The covenants and provisions of this Agreement are binding upon and inure to the benefit of the successors and assigns of the Parties hereto. Notwithstanding the preceding sentence, no party hereto may assign any of its rights or obligations hereunder without the prior written consent of the other party. 17. In the event construction of the Project does not commence within three (3) years of the Effective Date, this Agreement will become null and void. 18. Neither termination nor expiration of this Agreement will release any party from any liability or obligation under this Agreement, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or expiration. 19. To the maximum extent possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement is prohibited by, or held to be invalid under, applicable law, such provision will be ineffective solely to the extent of such prohibition or invalidity and the remainder of the provision will be enforceable. 20. This Agreement (including exhibits and other documents, manuals, etc. incorporated herein), together with previously acquired and recorded property rights if any, is the full and complete agreement Page 13 of 17 West Prado Overhead C&M Agreement April 17, 2014 between BNSF, RCTC, and STATE with respect to the subject matter herein and supersedes and cancels any and all other prior agreements between the Parties hereto. 21. Any notice provided for herein or concerning this Agreement must be in writing and will be deemed sufficiently given when sent by certified mail, return receipt requested, to the Parties at the following addresses: BNSF: RCTC: STATE: Manager of Public Projects Melvin Thomas 740 E. Carnegie Drive San Bernardino, CA 92408 Email: Melvin.ThomasRbnsf.com Director Bridge Engineering Ron Berry 4515 Kansas Avenue Kansas City, KS 66106 Email: Ronald.BenyAbnsf.com Project Engineer Greg Rousseau 740 E. Carnegie Drive San Bernardino, CA 92408 Email: Greq.RousseauRbnsf.com Division Engineer Adam Richardson 740 E. Carnegie Drive San Bernardino, CA 92408 Email: Adam.RichardsonRbnsf.com Michael Blomquist Toll Program Director Riverside County Transportation Commission 480 Lemon Street, 3rd Floor Riverside, CA 92502-2208 Office: (951) 778-1098 Fax (951) 787-7920 Email: mblomquistRrctc.orq Department of Transportation Ben Martin Office Chief for Railroads and Utilities Relocation Division of Right of Way & Land Surveys 1120 N. Street, MS37 Sacramento, CA 95814-5690 Office: (916) 654-5413 Email: ben.martinAdot.ca.gov IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and attested by its duly qualified and authorized officials as of the day and year first above written. (Signature pages to follow) Page 14 of 17 West Prado Overhead C&M Agreement April 17, 2014 BNSF RAILWAY COMPANY By: Name: Melvin Thomas Title: Manager Public Projects Page 15 of 17 West Prado Overhead O&M Agreement April 17, 2014 RIVERSIDE COUNTY TRANSPORTATION COMMISSION By: Name and Title REVIEWED AND RECOMMENDED FOR APPROVAL: By: Name and Title REVIEWED FOR FISCAL IMPACT: By Chief Financial Officer APPROVED AS TO FORM: By: Best Best & Krieger LLP Counsel to the Riverside County Transportation Commission Page 16 of 17 West Prado Overhead C&M Agreement April 17, 2014 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By: Name: Ben Martin Title: Office Chief for Railroads and Utilities Relocation Division of Right of Way & Land Surveys APPROVED AS TO FORMS AND PROCEDURES: By: ROGER FORMANEK, Attorney Department of Transportation APPROVAL RECOMMENDED: By: Denny Fong, P.E. Railroad Agreements Engineer Page 17 of 17 West Prado Overhead C&M Agreement April 17, 2014 L JO 13�HS (NBaIM) HO OCIV Id 1S3M :£ 30a1218 dWd2I-Ad0 2:8n11:1 N832:10 8M :Z 3001218 ALIAHdLIOd 1SV3 V-49'6Z - 9Z00 #OndO NE£99Z0 #100 49'6Z dW dSN9 1•L+6SSI. V1S 2101sJ3 dSN9 M„LZ,6£oL l• 6 :3011110N07 N..94,Z9o££ 30nllldl Z09L-S1 ONI021VN2139 NVS:NOISIn109nS :9310N OVON1IVU O0Vbd 1S3M l6 31n0a V38V >180M OOVNd 1S3M N33y5 NnOL43 ,nw`a • l6 3°.\ va1WVAISNS L. 30 L 78 9 1331-1S a) 300188 VO VNOa00 OOvad 1S3M 1V oovad 00V8d 1S3M L. 30 S 78 4 133HS ZO 30OI2i8 NOISSIMOO NOI1v1210dSNv2J1 A1Nnoo 3018213A113 ONV VIN2J0d11V0 d0 31V1S ONV ANvdW00 AVMIIVN dSN9 11,130183),H 301A N33M139 Sntix3S ONO3NVS 1N31N33219V 3ONVNalNIVIN'8 N0110f1N1SN00 V 01031-10V11V „V„ 1191HX3 SO9L 1N3WS3S 3NI1 NOISIAIOSOS °NISI:NW:08 NVS NOISING VINNOAI1V0 4 LOS ANVIRIS3d ORION SV31VOS X1'NII IOM INO3 L 30 Z 133HS (N3aIM) HO OCPAid lS3M :£ 30a12:19 cllAPA -330 13/\I2:I N33210 9M :Z 30ONEI v-49•sz - Eno #undo N££99Z0 #100 49'6Z dW dSNB 1.1.+6SS1• V1S HON3 dSNB MoLZ,6E.L l 6 :30n110NOl N„94,Z9e££ 30n111d1 Z09L-S1 ONIOaVN2i38 NVS:NOISIn10811S :S310N OVONliVLI 00V2dd 1S3M p� '�3/1 /,y >INI10813V y,V800/ASN9 LJOL91331-IS g0 30aIZIEI VO'VNOa00 OOVad 1S3M 1V 11-101S 30 3N13 OV02,131V2J 2�03 N0V91f10 3dOlS Pa ppVad -3M 0 l5 L 30 5 7S) b 1331-IS ZO 3001219 NOISSIMOO NOI1VlaOdSNVal A1Nf100 301Sa3n111 ONV VINaOdI1V0 d0 31tl1S Z09L 1N3WOSS 3N11 ONV NOISIAIOS 1S ONIONVNa39 NVS ANVdW00AVMIIV I3SN9 No1slnlovwao�nVo 1N301536d 30In N33M138 noz AavnaS3A SnHx3S'0 ONOANVS 1N31A133:10V 30NVN31NIVIN 8 N0110f1a1SN00 V Oi am-oviiv 031ON SV 31VOS V« 1191HX3 XL 'NINON iNOJ L JO C 133HS (N3CIIM) HO OCIV2:1d 1S3M :£ 3001.89 dIA1V1:1-dd0 N3310 EIM :Z 39C112:19 „ V-17T6Z - ROO #ondo NCES9Z0 #1.00 175.6Z dW JSNIS LL+69Sl VIS ?JONA ASNEI M./2,6E41.1. :30(1119N01 N.,9t,ZS.C£ :30n1I1v1 Z09L-S1 ONICNVNUal NVS:NOISIA108f1S :S310N CIV02111V1:10CIWAd ISBM ,001. = „l M]lA NVid / ANS L JO L 78 9 133HS CO 30012:1E1 VO 'VN0800 00V2id .1S3M . , US. PSYL.LL L 30 g 78 ti 133HS ZO 30012i8 NOISSIININO0 NOI1V12:10dSNV2:11 AlN000 301S2:13Al2:1 ONV VINNOJI1V0 dO 31V1S ONV ANVd1N00 AVM11‘0:IdSN9 NA3M138 smoos .o 080ANYS 1N31'13a1OV 3ONVN31NIVIN 8 NOLLOON1SNOO V 01 03HOV11V wV 11£11HX3 1N301S3lld 39IA 409L11,191,098 AM, NOISIAICIEMS ON1021VNLI313 NVS NOISIAIO VINLIOAI1V9 tioz Auvnthnd 0310N SV*31VDS 'HI1:10M lilOd L dO tb 1331-IS dWb21-dd0 213A121 N332:1O 8M :Z 3OGNEI (4GW1-9S oNl d) H(� cpo,_ lsaM (uo, odd) to owa, aEp!,q �\tom 21312Ji3V 8 NV1031111 lsix3 0,£90-9S .9N -18) HC OOV21c 1S3M 19913 — _• + P a — �— e,-,- 1s E 11,3 0v3031 5,00 uo 1 , (SOON ad<I uaoo,ddtl ,110 1S IG .vav,3oa,.. wm,aal!m,v o© (Pory L Idk.) .!Ioy MN1 ulcy0 OL .Pory LbL ad<1) ,a„og a,a, i;oO a (Pory Lp/ adSl) ,a „oq a a, 03 LI vaM ENulowa pooy„ aas 11,1M 3Sry ,a u, uap lv!ad ,Ho dryvy-J.10 0t 83Ntl N33F0-I6M, m!Pd ,Sp900-95 'oN ,N,O„ 1,W l 5310N A3Y O O SNV ld 0V021 3dS £OZ 'oN 1IVM 3SW 111J 30 d01 ZO'6£S " 00'01,+6S 83 00+09 bn _(1Sb3 Obly� . o 'I-i N/o�yb� /L/ b1 Wl1 \?3y NV 1x3N S C i 00+6S l-1. 10 JOB 00+9S a S 1N38 3j 00+LS' t Y01V .L NIVA 35N8 19Ix3 3j +SV'LS+£9S1 = 30d 31\111 „ZLIO„ ZL'96+£S ONIN3d0 N210M3S3V 1 (M0138)3001N8 OS83 1s!x3 00+9G b 1N38 3J OOl = NV Id Nd i ��_dWV2i-3d0 JNII „Ed.° lZ"Z9 t 3AOWl2 38 01 213A121 N33210 lsix3 �� t � �— - — - -- 1Sn 9.1 \nN/S //4i ,OOI = „t No _vATI] a-Aeoi-n]a 00+55 00 k5 I I W Z1W 00+£S 00+ZS Z 1N38 3j 00+15 N1038 00+OS VO'VNOa00 00Vad 1S3M 1V 3 O V 16'S9S ^919 00'00IOS PO 00+66 111 I 10 _01 3 V-VT6Z - 8Z00 #OndO >1££99Z0 #1013 17T6Z dW ASN9 1.L+6SSl V1S 210N3 dSNB M,LLZ,6£aLI.I, :3an119N01 N„94,Z90££ 30nlllVl Z09L-Sl ONI021VN2l38 NVS:NOISIAIMS :S310N OV02J11V2J OOV21d 1SAM 9 1r9V 1,07. 0_ 99-- S IN38 S3 39 SN(O±, 1921 OC'V2id s3 9i/90/ xolddV SN 1• 1 N38 n3in ,.0-,091 £ IN3P nnnin 91(1 'SN3V211 1s9x3 3SNP3j Z 1 43) dR . 'S39Id -1013 0„0£ 1119V �-- 30NIH 3j -,LZ Si A' SN` .,0-,SOZ 300121E JS83 lsix3 „o-,s0Z „0-,L8£ = Z 31111Vt3 „0-.£SS = l 3WV213 3NI9 „Z110„ ONO (1,8nsV3W „0-,01,6 1N301S3i1d 301A Sf1NX3S'0 02103NVS ---89 NOISSIVdW00 NOIIV1NOdSNV2J1 A1Nn00 301S83Al2I ONV VINNOdIlVO d0 31VIS ONV ANVd1,100 AVMIIVa dSNB N33M139 19314133210V 3ONVN3INIVW 8 NOLLOMI1SN00 V 0103HOV11V aVp 1191HX3 0.01,1, ^913 Ar Lvc d/(. '0N111, 00Z SSVTO Z09L 1N3W03S 3NI1 NOISIAIOSIS ONIOifVN:139 NVS NOISIAIO VIN80d11V0 1,10Z ANV'O2:1833 0310N SVTIVOS Xl 'H1210M 1H03 L JO 9193HS dhl\M-JJO Ngan 9M :Z 90a1219 V-b9.6Z - 9ZOo #undo >IE£99Z0 #100 b9'6Z dW dSN9 14+6551 HIS aDN3 dSN9 M„LZ,6£mL I. l :30n110N01 N„9b,Z90££ :30n111V1 Z09L-S1 ON10aHN1:139 NVS:NOISIn109nS :S310N OH01:11MA OOHad 1S3M .1 '0N15V0 NW0l0o JO 30VJ F„9/L L bE 61.3 JO a39a0o k03M011V JO INANOX3 ON), NIaOHS a ai 90J 99 9! (NMOHS�1 531id lltl LOIJ) 3lld H0:9 m„O£ ri 1P ml 9.uacbad pamsoaw aio s suawl p 93 D Iltl 'N SJLON SIM.> Jmilm!Osl 9£' (POW L 06(1) 69i11oa ryu;l bou9 tL (POW Z4L adtl) 1a1.1,9e 91a0999 bl (0.0 ZFL a0E1) a.0908 elmnum0 y! 5310N n3N ,141 'win no 9900 1V009N100 „9-,01 X ,L WV39 "UP r S,1/I a i- uryc 0-,L! U ONIcONI wall �1 '0NI80HS 9-.l OlvinssN E`.k' 99'£6b I a 13= SNP 1.0,1 O Pz = .1 N0',103S SSW.) F,9/L uiW . J JO oinwoo r9 IIVa JO 56413, d01' ^ 13 i js +3 � is xe o _ uiW ..0-GI I I N3> 51VN91S 9 51V NO'S 834 StNN015 fy �1 3N1 � a3oalo zoe 313a�No9 Sd/dl9 o� 00 xo;mdV Ma0M3501Va Wf1WMW VO 'VN02100 00Vad 1S3M 1V NOISSIWW00 N011V1aOdSNVal AiNnOo 301SN3nIN ONV VINHOdI1V0 d0 31V1S Z09L 1N3W03S 3NI1 ONV NOISIAIO9119 ONIOSVNa39 NNS ANVdW00 AVM1IVa dSN9 NOISInIO vwaodnvo 1N3OI53ad 301A N33M139 bIOZ Aavna93a smos o ONOdNVS 1N31/133210V 30NVN31NIVIN S N011onalSNOo V 0103H0V11V 0310N SV:91VOS ..VmlI8IHX3 x1 H1aoMlaOa L 30 9133HS (N3CIIM) HO Oad2id 1S3M :£ 39a1219 T iU s II ,b, 1'1 tll 3411 M a-� 'D'E valu�oll" a lY6i.- W IIOM L4 a l76 a3olda V pOn lu1aP ualsundx3 6u!1e�xa 1p 0 (01910000) 611N091 03e15 4£ (000a 0.1 40901d5V 01n103113 FF (COON a.j. 000o1ddv 0,1395 2£ 1ua'wl nal_ I01n1aa1:40�b /®/�� (Pow C a6l1) 6u�JIoN x uio4O CID ole 3008. 000 'MON 0Z (P. L£L 40.1) 101908 91z13000 LI IoM O '10 0.1) et= .i oro'8wa1 O wr13 JI1dJ auo 1a9wnN 100 '1a0wnNalua9 10iod O .01/3wN360 OOVHd '!SAL 13151 ;6,560-95 914 0691E+ 10319 Oj 310N 1.111 V-49.6Z - 8Z00 #OndO >1££99Z0 #100 49'6Z dW dSN8 I.L+6991 V1S 2ION3 dSN8 M11LZ16£4 I. :30(1110 N01 N11941Z9e££ 30n111V1 Z09L-S1 ON102101):138 NVS:NOISIn108nS -8310N 01/2,0811VU 00V2ld 1S3M F F9 255 na Nl M. F66'62+59 11 SKI AI F25'£2+31 63 N 3 M/21 +SNP — ,090 Iu1e1 • 10 l6099+001 o00 IOnowal loan 1 ;o( 1e ; 001 1n0d a 090 ( 963)9) IPnawaN 061195 \\\\ al 11115 500091 .... 3409 10 uoo+axo b 110 1.95 010110 10199 B 6 £9 NV Id 1V6131VYV ANV 04II,049V_ NO 041N3CHO 3N0+39 SNOISN3510 0131J 9N1110N1N00 11V A3143A 11515 00101,61N0J 3H1 3104 __ ___ _ - - yS— � � \ N3W_\�M/N JSNp (NOIlNOd)43001tlB 390636 ® f[ ���� qqq irik ONlbtl ON FO9'S914 Y \ \ \ ....\ ,. vb�ilifiK7MIMMIMiliiii, - L3, \ F04 960 1013 dam' h, 3 N01 / \ NO1 N e.� ,. .. i 44 4* N\ 1� 30 109 5 3990-96 'ON 350010 H0 dr1118 10 CH 6135121 NAND 6-M M3N 11350d0H4 .9FF01L = 5'9L01 - 1 .5920_09 = V 0004 = tl 3NI1 „M.0 0N3931 51V0 AN11� 61 is IN J 3104 335 <411 '66001 GIN 0N1, 13315--yE 1 L/ 3N11 v„ 1093 vtl 3001d 100M 10 .1„01-,02. 01 (1=333 lou) 0691/9 196o 101 o3ilnn w iw 6N.10ix3 9 ._„+0i1 P F,.l-,4L 0s �G66e16 1'0 a60. 0 1964 101 009990101104,0w w 669593 V 5310N NO±1VnTl3 G32,10?1111A1 19 1N 9 0 31{ON 335 6 mm 1101nn .,0-.ZF -y^� lb 1039 3N1 J613 0501V C1635V31 F.ro-,9 b-.r6 ,v 0oa>op �0 3p03 x dv-93 L 39NIN tl 310N 335 110 inn F,B-,9F vbtl Jo 2101 L6` 12 1N36 1 1 11i 1 1 1 1 1 11105 llS 12 301014 9 1 1611 ,M13., ONG V Gal 3W F„9 .s s1 �8. 9-.zu NNV VINMS 01 G1 +9.693 nal; „V, +6L-OL-95 it mall aan ,.mr3., oo30+01 P6 j,3 3011 JA13, ONOIV 03H SV315 F s-,£2S 1N301S3ad 301n SI1HX3S'0 OHO3NVS _e 3+1015 30 301 �0 0'09, ^.013 INN c 3,1019 VO 1VNO2100 00V21d 1S3M 1V NOISSIWWOO N011V1bOdSNV211A1NnOO 301S213n121 ONV VIN210d11VO d0 31V1S Z09L 1N3WO3S 3N11 0NV NOISIAIOSCIS ONIONVNa38 NVS ANVdINOO AVM11V8 dSNNOISING vwao3nvo 8 N33M138 41.0Z AaV18833 1N3IN33210V 33NVN3INIVIN 8 N011On211SNOO V Ol 03HOV11V 0310N SV TIHOS ntl111181HX3 X1 H1aOM 1a03 L 30 L 133HS (N3CIIM) HO Oab2Id 1S3M :£ 3041218 30012d8 1VN101?,10 S>i0V2:11 JSNB 1V V—V N0110]S T dAl '01,1I801-S AHVHOc N31—T,, Jon p U1N ui ,0n g wry T„C—,S L sN00�) 3j of 10.0100 ago sarNsuatdp Ilv 'V S310N ,su01d bunOR, P. .6do1461 paDunon HoM La 10.140011 0.101.0. 40JV Loin+ (a la,IN uop) 6ulnod ado ,qC (L adA1I uloo.0 (Ti.) (POW ZCL adAl) J9D.d8 91a01.100 \Zl S310N A3N l 31Vd do d01 dA1 '„o ,s N uiW T„0—,ZC NOVHI ASSNP 1slx3 }� rl 300188 "'�VNI0'.210 ion — --— -- 11VN do 3SVs 00 xoiddV �M/H 3SN8 NWMOO >uo0 ,OIx,S 313HONOO Sd H30a10/d-:? X08 V-49'6Z - 1E00 tondo >i££99Z0 #100 179'6Z dIN dSN9 1.1.+6991 V1S 2J01%,13 dSNB M„ / Z.6£0L l• 6 :30nlIJN01 1\1,,917,Z5o££ :30nlllVl Z09L-S1 ONI02JVN2J38 NVS:NOISIn108nS :S310N OV02J1IV2j OOV2Jd 1S3M z AN3N I I 1 30N H O VO'VNOHOO 00V21d 1S3M 1V NOISSIWWOO N011V1110dSNV2J1 A1NnOO 301S2 AIN ONV VINNOA1V0 d0 31V1S LOW 1N30103S 3NI3 ONV NOISUVO9OS ONIONVNa38 NVS ANVdW00 AVMIIVN dSNB NolslnlO vlNaodl3vo 11,43O1S3ad 3oln N33M138 awe Aavnas3d SOHx3S o Oao3NVS 11131/1332JOV 3ONVN3INIVV4 N0110112I1SN00 V 0103H0V11`d O310N SV TIVOS „V.1191HX3 x1 H1aoM180A EXHIBIT B EASEMENT EASEMENT DEED FOR WEST PRADO OVERHEAD (C&M Agreement) THIS EASEMENT FOR Highway Purposes ("Easement") is made and entered into as of the day of 20_ ("Effective Date"), by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Grantor"), and STATE OF CALIFORNIA, through its DEPARTMENT OF TRANSPORTATION ("Grantee"). A. Grantor owns or controls certain real property situated at or near the vicinity of Prado Dam, County of Riverside, State of California, at Mile Post 29.54, [Project # 1, as described on Exhibit Al and depicted on Exhibit A2 for the Aerial Parcel and as described on Exhibit 61 and depicted on Exhibit B2 for the Footing Parcel attached hereto and made a part hereof (the "Premises"). B. Grantor and Grantee have entered into that certain Construction and Maintenance Agreement dated as of concerning improvements on or near the Premises (the "C&M Agreement"). C. GRANTOR agrees to grant to GRANTEE, its successors and assigns an Easement over the Premises for purpose of operating a highway overpass over and above Grantor's property, subject to the reservations, covenants, terms and conditions set forth herein and more fully detailed in the previously referenced C&M Agreement. Grantee requires Easement for State highway purposes, a public use for which Grantee has the authority to exercise the power of eminent domain. Grantor is compelled to sell, and Grantee is compelled to acquire the Easement. In consideration of the foregoing recitals which are incorporated herein, the mutual promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Grantor does hereby grant to Grantee an easement for the construction, reconstruction, replacement, removal, inspection, maintenance, repair, and operating an overhead bridge and highway only for use as a public crossing at the location identified herein along with all necessary supporting columns, footings and appurtenances thereon (hereinafter collectively "Structure"). Structure shall be constructed, located, configured and maintained by Grantee, its successors and assigns in strict accordance with the terms of this Easement and the C&M Agreement. Structure and its use as a public crossing in accordance with this Easement and the C&M Agreement are compatible with railroad operations, within the meaning of California Code of Civil Procedure section 1240.510 so long as they do not impede railroad operations, create an undue safety risk, or interfere with Grantor's common carrier obligations as regulated by the Surface Transportation Board or by any successor agency. 2. Grantor further grants to Grantee the non-exclusive right of ingress to and egress from the Premises over and across Grantor's other property subject to advance notification and coordination with Grantor to ensure safety and the compatibility of Grantor's other property for such ingress and egress (which coordination by Grantor shall not be unreasonably withheld) and provided further that such right of ingress and egress shall be in accordance with the terms and provisions of the parties' separate C&M Agreement and any amendments thereto. 3. Reservations by Grantor. Grantor reserves, for itself, or to assign to third parties, the right, provided Grantor uses all commercially reasonable efforts to avoid material interference with the use of the Premises by Grantee for the Easement, including but not limited to the following: Page 1 of 5 (a) to install, construct, reconstruct, upgrade, maintain, renew, alter, repair, inspect, replace, use, operate, change, modify and relocate any existing pipe, power, communication, cable, or utility lines and appurtenances and other facilities or structures of like character (collectively, "Lines") upon, over, under or across the Premises; (b) to install, construct, maintain, renew, repair, replace, use, operate, change, modify and relocate any tracks or additional facilities or structures upon, over, under or across the Premises; and (c) to use the Premises in any manner as the Grantor in its sole discretion deems appropriate. 4. No Warranty of Any Conditions of the Premises. Grantee acknowledges that Grantor has made no representation whatsoever to Grantee concerning the state or condition of the Premises, or any personal property located thereon, or the nature or extent of Grantor's ownership interest in the Premises. Grantee has not relied on any statement or declaration of Grantor, oral or in writing, as an inducement to entering into this Easement, other than as set forth herein. GRANTOR HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, AS TO THE DESIGN OR CONDITION OF ANY PROPERTY PRESENT ON OR CONSTITUTING THE PREMISES, ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, THE QUALITY OF THE MATERIAL OR WORKMANSHIP OF ANY SUCH PROPERTY, OR THE CONFORMITY OF ANY SUCH PROPERTY TO ITS INTENDED USES. GRANTOR SHALL NOT BE RESPONSIBLE TO GRANTEE OR ANY OF GRANTEE'S CONTRACTORS FOR ANY DAMAGES RELATING TO THE DESIGN, CONDITION, QUALITY, SAFETY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY PROPERTY PRESENT ON OR CONSTITUTING THE PREMISES, OR THE CONFORMITY OF ANY SUCH PROPERTY TO ITS INTENDED USES. GRANTEE ACCEPTS ALL RIGHTS GRANTED UNDER THIS EASEMENT AGREEMENT IN THE PREMISES IN AN "AS IS, WHERE IS" AND "WITH ALL FAULTS" CONDITION, AND SUBJECT TO ALL LIMITATIONS ON GRANTOR'S RIGHTS, INTERESTS AND TITLE TO THE PREMISES. Grantee has inspected or will inspect the Premises, and enters upon Grantor's rail corridor and property with knowledge of its physical condition and the danger inherent in Grantor's rail operations on or near the Premises. Grantee acknowledges that this Easement does not contain any implied warranties that Grantee or Grantee's Contractors (as hereinafter defined) can successfully construct or operate the Improvements. 5. Nature of Grantor's Interest in the Premises. GRANTOR DOES NOT WARRANT ITS TITLE TO THE PREMISES NOR UNDERTAKE TO DEFEND GRANTEE IN THE PEACEABLE POSSESSION OR USE THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE. In case of the eviction of Grantee by anyone owning or claiming title to or any interest in the Premises, or by the abandonment by Grantor of the affected rail corridor, Grantor shall not be liable to refund Grantee any compensation paid hereunder. 6. Improvements. Grantee shall take, in a timely manner, all actions necessary and proper to the lawful establishment, construction, operation, and maintenance of the Improvements, including such actions as may be necessary to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of Page 2 of 5 existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee's sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee or Grantee's contractors or consultants must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner's written approval prior to so affecting the Other Improvements. Grantee or Grantee's contractors or consultants must mark all Other Improvements on the Plans and Specifications and mark such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above -described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises during the construction of the Structure. Said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and abate any and all hazard of fire. 7. Taxes and Recording Fees. Grantee shall pay all applicable escrow and recording fees incurred in this transaction, and if title insurance is desired by Grantee, the premium charged therefor. Any taxes applicable to this transaction shall be cleared and paid in the manner required by Section 5086 of the Revenue and Taxation Code, if unpaid at the close of escrow. 8. Compliance with Environmental Laws. Except where it is exempted, Grantee shall strictly comply with all federal and state environmental Laws in its use of the Premises, including, but not limited to, the Resource Conservation and Recovery Act, as amended (RCRA), the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the Toxic Substances Control Act (collectively referred to as the "Environmental Laws"). Grantee shall not maintain a "treatment," "storage," "transfer" or "disposal" facility, or "underground storage tank," as those terms are defined by Environmental Laws, on the Premises. Grantee shall not handle, transport, release or suffer the release of "hazardous waste" or "hazardous substances", as "hazardous waste" and "hazardous substances" may now or in the future be defined by any Environmental Laws. 9. Notice of Release. Grantee shall give Grantor immediate notice to Grantor's Resource Operations Center at (800) 832-5452 of any release of hazardous substances on or from the Premises, violation of Environmental Laws, or inspection or inquiry by governmental authorities charged with enforcing Environmental Laws with respect to Grantee's use of the Premises. Grantee shall use its best efforts to promptly respond to any release on or from the Premises. Grantee also shall give Grantor immediate notice of all measures undertaken on behalf of Grantee to investigate, remediate, respond to or otherwise cure such release or violation. 10. Remediation of Release or Violation caused by use of Easement. In the event that Grantor has notice from Grantee or otherwise of a release or violation of Environmental Laws which occurred or may occur during the term of this Easement, and which was caused by, contributed to, or Grantee or Grantee's contractor, Grantor may require Grantee, at Grantee's sole risk and expense, to take timely measures to investigate, remediate, respond to or otherwise cure such release or violation affecting the Premises. If during the construction or subsequent maintenance of the Structure, soils or other materials considered to be environmentally contaminated are exposed, Grantee will remove and safely dispose of said contaminated soils. Determination of soils contamination and applicable disposal procedures thereof, will be made only by an agency having the capacity and authority to make such a determination. Page 3 of 5 11. Preventative Measures. Grantee shall promptly report to Grantor in writing any conditions or activities upon the Premises known to Grantee which create a risk of harm to persons, property or the environment and shall take whatever action is necessary to prevent injury to persons or property arising out of such conditions or activities; provided, however, that Grantee's reporting to Grantor shall not relieve Grantee of any obligation whatsoever imposed on it by this Easement. Grantee shall promptly respond to Grantor's request for information regarding said conditions or activities. 12. Vacation. If the Easement or any portion thereof, shall cease to be needed for public crossing purpose, then the Grantee shall vacate such portion(s) of the Easement in accordance with any and all applicable State and Federal Laws. In addition, Grantee at Grantee's sole expense, shall demolish and remove the Structure in accordance with the then current standards of Grantor, including but not limited to engineering, land use and railroad operating standards, and with the terms and provisions of the C&M Agreement. 13 Tax Exchange. Grantee may assign its rights but not its obligations under this Easement to effect an exchange under applicable section(s) of the Internal Revenue Code. In such event, Grantor shall provide Grantee with a Notice of Assignment and Grantee shall execute an acknowledgement of receipt of such notice. 14. Notices. Any notice required or permitted to be given hereunder by one party to the other shall be delivered in the manner set forth in the C&M Agreement. Notices to Grantor under this Easement shall be delivered to the following address: BNSF Railway Company, Real Estate Department, 2500 Lou Menk Drive, Ft. Worth, TX 76131, Attn: Permits, or such other address as Grantor may from time to time direct by notice to Grantee. 15. Recordation. It is understood and agreed that this Easement shall be in recordable form and shall be placed on public record subject to changes required, if any, to conform such form to local recording requirements. 16. Miscellaneous. 16.1 All questions concerning the interpretation or application of provisions of this Easement Agreement shall be decided according to the substantive Laws of the State of California without regard to conflicts of law provisions. 16.2 If any action at law or in equity is necessary to enforce or interpret the terms of this Easement, the prevailing party or parties shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party or parties may be entitled. 16.3 If any provision of this Easement is held to be illegal, invalid or unenforceable under present or future Laws, such provision will be fully severable and this Easement will be construed and enforced as if such illegal, invalid or unenforceable provision is not a part hereof, and the remaining provisions hereof will remain in full force and effect. In lieu of any illegal, invalid or unenforceable provision herein, there will be added automatically as a part of this Easement a provision as similar in its terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable. 16.4 This Easement is the full and complete agreement between Grantor and Grantee except that in matters of coordination between Grantor and Grantee for construction and maintenance, the previously referenced C&M Agreement shall control in any area of conflict between the two. However, nothing herein is intended to terminate any surviving obligation of Page 4 of 5 Grantee or Grantee's obligation to defend and hold Grantor harmless in any prior written agreement between the parties. 17. Administrative Fees. Grantee acknowledges that a material consideration for this agreement, without which it would not be made, is the agreement between Grantee and Grantor, that the Grantee shall pay upon return of this Agreement signed by Grantee to Grantor's Broker a processing fee in the amount of $2,000.00 over and above the agreed upon Acquisition Price. Said fee shall be made payable to BNSF Railway Company by a separate check. Witness the execution of this Easement as of the date first set forth above. GRANTOR: BNSF RAILWAY COMPANY, a Delaware corporation By: Name: Title: THIS IS TO CERTIFY, that the State of California, acting by and through the Department of Transportation (pursuant to Government Code Section 27281), hereby accepts for public purposes the real property described in the within deed and consents to the recordation thereof. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 20 _ DIRECTOR OF TRANSPORTATION By Attorney in Fact Page 5 of 5 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS EXHIBIT `Al' LEGAL DESCRIPTION Caltrans Parcel No. 22092-1 APN 101-130-080, 101-140-035 In the City of Corona, County of Riverside, State of California, being portions of Tract Nos. "A", "H", "I" and "A.B. No. 4" of the map of the partition of the Maria Jesus Y. De Scully Estate, as per map filed in Case No. 7939, in the Superior Court of the State of California, in and for the County of Riverside, a certified copy of the decree of said case being recorded in Book 637, Page 432 of Deeds, Records of said County, being two (2) parcels described as follows: Parcel No. 1 Permanent Aerial Easement Beginning at the easterly terminus of that certain course in the northerly line of the land described as Parcel 3 of Easement from the Atchison, Topeka and Santa Fe Railway Company to the State of California recorded March 4, 1981 as Instrument No. 38035 of Official Records of said County recited as having a bearing and distance of "North 86°18'59" West 177.18 feet'; thence North 86°19'45" West 106.65 feet along said northerly line to the True Point of Beginning; thence South 70°44'11" West 66.85 feet to the beginning of curve concave southeasterly having a radius of 679.00 feet; thence southwesterly along said curve 140.91 feet through a central angle of 11 °53'24" to a point on the southerly line of said Parcel 3; thence along last said line the following two (2) courses: 1) South 74°09'22" West 41.61 feet to a point, said point being the beginning of a non -tangent curve concave southerly having a radius of 3,669.83 feet, a radial line to said point bears North 02°29'25" East; 2) westerly along said southerly line and said curve 109.72 feet through a central angle of 01 °42'47" to a point on said southerly line, N1:12PTG0105011SURVEY`LEGALS\22092__APN_101-130-080_AT&SP\LEGALS\22092-1.doc 1/13/2014 Page 1 of 3 PS OMAS said point being the beginning of a non -tangent curve concave southeasterly having a radius of 761.00 feet, a radial line to said point bears North 41°10'15" West; thence leaving said southerly line, northeasterly along said curve 290.92 feet through a central angle of 21°54'13"; thence North 70°44'11" East 128.73 feet to a point on the southerly line of the land described in the Grant Deed from the Atchison, Topeka and Santa Fe Railway Company to the State of California recorded April 26, 1988 as Instrument No. 109636 of said Official Records; thence South 86° 16'26" East 209.95 feet along said southerly line to a point thereon; thence South 70°44'11" West 255.11 feet to the True Point of Beginning. Containing 37,069 square feet. Parcel No. 2 Permanent Aerial Easement Beginning at the easterly terminus of that certain course in the northerly line of the land described as Parcel 3 of Easement from the Atchison, Topeka and Santa Fe Railway Company to the State of California recorded March 4, 1981 as Instrument No. 38035 of Official Records of said County recited as having a bearing and distance of "North 86°18'59" West 177.18 feet"; thence along said northerly line North 68°21'59" East 93.10 feet to the True Point of Beginning, said point also being the beginning of a non - tangent curve concave southeasterly having a radius of 4,138.00 feet, a radial line to said point bears North 29°42'49" West; thence northeasterly along said curve 112.72 feet through a central angle of 01 °33'38" to a point on the southerly line of the land described in the Grant Deed from the Atchison, Topeka and Santa Fe Railway Company to the State of California recorded April 26, 1988 as Instrument No. 109636 of said Official Records; thence along said southerly line, North 81 °47' 17" East 44.61 feet to a point thereon, said point being the beginning of a non -tangent curve concave southeasterly having a radius of 4,123.00 feet, a radial line to said point bears North 27°34' 13" West; thence leaving said southerly line, southwesterly along said curve 299.47 feet through a central angle of 04°09'42" to a point on the southerly line of said Parcel 3; thence along M A2PTG010501\SURVEYlLEGALS\22092_APN_I01-130-080_AT&SF\LEGALS\22092-1.doc 1/13/2014 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS said southerly line North 86°20'07" West 25.80 feet to a point thereon, said point being the beginning of a non -tangent curve concave southeasterly having a radius of 4,138.00 feet, a radial line to said point bears North 32°01'23" West; thence northeasterly along said curve 166.79 feet through a central angle of 02°18'34" to the True Point of Beginning. Containing 4,341 square feet. See Exhibit `A2' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. Prepared under the direction of Brian E. Bullock, PLS 5260 Date %- 434¢ M:12PTG0I050I SURVEXNLEGALS 22092_APN_I01-130-080_AT&SPILEGALS\22092-1.doc 1/13/2014 Page 3 of 3 EXHIBIT A2 INDEX 22092-1 PARCEL NO. 1 SEE SHEET 2 PRADO ROAD 22092-1 PARCEL NO. 2 SEE SHEET 3 LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( )Title to State III 11 Access Prohibited v G NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. 22092-1 PERMANENT AERIAL EASEMENTS i—� 11111.1111111111� FEET 0 300 600 1200 1800 PREPARED BY: PS O M A S DATE:11-26-12 REV.: 01-13-14 EA: FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 3 Hutton Centre Drive, Ste. 200 Santo Ana, California 92707 (714)751-7373/(714)545-8883 (fox) 8 RIV 91 1 3 EXHIBIT A2 PARCEL# TITLE AREA APN 22092-1 PCL 1 ESMT 37069 SOFT. 101-130-080, 101-140-035 LINE DATA CURVE DATA BEARING DISTANCE DELTA RADIUS LENGTH L 1 L2 N86° 1 9'45"W S70°44'1 1 "W 106.65' 66.85' C 1 C2 1 1° 53'24" 01 °42'47" 679.00' 3669.83' 140.91 ' 1 09.72' L3 L4 S74°09'22"W N70°44'1 1 "E 41 .61 ' 1 28.73' L5 L6 L10 S86°16'26"E S70°44`11"W (N86°18`59"W 209.95' 255.11' 177.18') _ _ _ PRA pp Rpgp I SOUTHERLY LINE OF INST. NO.109636, O.R. ,�' INST. NO. 109636, O.R. ,' - - - _ AT & SF RR R/W - \_ L5 ,' N1 9° 1 6'02"W \-A --- 6 ' -5 - BK. 637, �' p�L 32� .°� � � . PG. 432 Dds. ,,\� O o2 �,{ 0.-_5 Q35,QR-°AA'11`� , ;, '-_ ' ° 5a �,2°' 0 1-' k N°' SZ 0 \-6 � �' ,2` o ,'\ -' _' - AT & SF N41°10'15"w(R) D1�\ � `' h� L1 1 '%'iri- I BK. 637 R=761 .00' �% , - 7 - L� L i\0, , / � - -- J s PG. 432 Dds. T.P.O.B. P.O.B. 1 I! Id ! 1 1 I. 1 1_ i I I t t C2 C5 N00°46'39"E (R) PCL 3, INST. `( R=3669.83' N0. 38035�P-1 ���P a �� NO2°29'25"E (R) C22092-1 F��� N31 °09'14"W (R) PARCEL N0. 1 �5lO_G 9.5 SOUTHERLY LINE OF PCL 3 0)\ S-P �1 INST. NO. 38035, O.R. �- , 0� G 2 ,, ,LEGEND �Ol) POB Indicates Paint Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing 1 ( ) Title to State ( ) INDICATES RECORD COURSE I I I I I Access Prohibited PER INSTRUMENT NO. 38035, O.R NOTES 22�92-1 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground PERMANENT AERIAL EASEMENTS distances. All distances are in feet unless otherwise noted. I 'mom. FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santa Ana, California 92707 (714)751-7373/(714)545-8883 (Fax) DATE: 11-26-12 REV.: 01-13-14 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 1. 1 2 3 EXHIBIT A2 PARCEL# TITLE AREA APN 22092-1 PCL2 ESMT 4341 SOFT. 101-130-080, 101-140-035 RADIAL BEARINGS R1 = N29°42'49"W R2 = N27°34'13"W R3 = N32°01'23"W / R4 = N28°09'11"W l --� INST. NO. 109636, O.R. , -- ' SOUTHERLY LINE ��© OF _ _ --' R045 INST. NO. 109636, O.R, , — N U8 BK. 637, - T, T & SF -' 7 , BK. 637 F.O.B..P.O,B. '�� _ PG. 432 Dds. PG. - 432 Dds. �� L10 ;; �� 22092-3 - �— ' , ,- j '� -- \ \\NO. I \ NORTHERLY LINE 4F PCL ' PARCEL NO. 2 --__ \, 1 -- — — —— / - L9 '` N31 °43'55"W (R) PCL 3, INST. 38035, O.R. c.) 3 ( ) INDICATES RECORD COURSE y PER INST. NO. 38035, O.R. INST. NO. 38035, O.R. P � \SOUTHERLY LINE OF PCL 3 F� LINE DATA INST, N0. 38035, OR.S�� BEARING DISTANCE ' \4— ��4 ��Cv 3 --( �� �' ''' �� , t l\' 2 �� L7 L9 L1 0 N68°21 '59"E N86°20'07"W (N86° 1 8'59"W 93.1 0' 25.80' 1 77.1 8') ¢��� �r�� CURVE DATA LEGEND D DELTA RADIUS LENGTH ROB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing C3 C4 C5 01°33'38" 04°09'42" 02° 1 8'34" 4138.00' 4123.00' 4138.00' 112.72' 299.47' 1 66.79' ( ) Title to State 11 1 1 1 Access Prohibited C6 03°52'12"' 4138.00' 279.50' NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 22�92-1 PERMANENT AERIAL EASEMENTS distances. All distances are in feet unless otherwise noted. I ��--, FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200Santo ,4)751Arlo,% (7373711)545-8883 (Fax) DATE: 11-26-12 REV.: 01-13-14 EA: OF540 FA#t: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS pp 8 R I V 91 1. 1 3 3 PS OMAS EXHIBIT `BP LEGAL DESCRIPTION Caltrans Parcel No. 22092-2 APN 101-130-080, 101-140-035 In the City of Corona, County of Riverside, State of California, being portions of Tract Nos. "A", "H", "I" and "A.B. No. 4" of the map of the partition of the Maria Jesus Y. De Scully Estate, as per map filed in Case No. 7939, in the Superior Court of the State of California, in and for the County of Riverside, a certified copy of the decree of said case being recorded in Book 637, Page 432 of Deeds, Records of said County, being six (6) parcels described as follows: Parcel No.1 Permanent Footing Easement Beginning at the easterly terminus of that certain course in the northerly line of the land described as Parcel 3 of Easement from the Atchison, Topeka and Santa Fe Railway Company to the State of California recorded March 4, 1981 as Instrument No. 38035 of Official Records of said County, recited as having a bearing and distance of "North 86°18'59" West 177.18 feet"; thence along said northerly line the following three (3) courses: 1) North 86°19'45" West 177.18 feet; 2) South 76°30'55" West 196.44 feet; 3) South 89°34'45" West 16.68 feet to a point thereon, said point being the beginning of a non -tangent curve concave southeasterly having a radius of 761.00 feet, a radial line to said point bears North 35°13'44" West; thence leaving said northerly line, northeasterly along said curve 212.00 feet through a central angle of 15°57'41"; thence North 70°44'11" East 88.09 feet to the True Point of Beginning; thence North 19°15'49" West 17.24 feet to a point in the southerly line of the land described in the Grant Deed from the Atchison, Topeka and Santa Fe Railway MA2PTG010501 \ SURVEY \LEGALS122092_APN_101-130-080_AT&SP\LEGALS\22092-2.doc 1 /13/2014 Page 1 of 5 PS OMAS Company to the State of California recorded April 26, 1988 as Instrument No. 109636, Official Records of said County; thence along said southerly line South 86°16'26" East 51.60 feet to a point thereon; thence South 19°15'49" East 11.84 feet; thence South 70°44'11" West 47.50 feet; thence North 19°15'49" West 14.75 feet to the True Point of Beginning. Containing 1,041 square feet. Parcel No. 2 Permanent Footing Easement Beginning at the southwesterly terminus of that certain course in the general northerly line of the land described as Parcel 3 of Easement from the Atchison, Topeka and Santa Fe Railway Company to the State of California recorded March 4, 1981 as Instrument No. 38035 of Official Records of said County recited as having a bearing and distance of "South 68°22'45" West 281.47 feet"; thence along said general northerly line, North 68°21'59" East 206.34 feet to the True Point of Beginning; thence North 07°08'52" East 6.26 feet; thence South 82°51'08" East 56.50 feet; thence South 07°08'52" West 25.00 feet; thence North 82°51'08" West 56.50 feet; thence North 07°08'52" East 18.74 feet to the True Point of Beginning. Containing 1,412 square feet. Parcel No. 3 Permanent Footing Easement Beginning at the easterly terminus of that certain 3,669.83 feet radius curve in the southerly line of the land described as Parcel 3 of Easement from the Atchison, Topeka and Santa Fe Railway Company to the State of California recorded March 4, 1981 as Instrument No. 38035 of Official Records of said County, said curve being concave southerly, to which point a radial line bears North 02°29'25" East; thence westerly along M:\2PTG010501 \SURVEY\LEGALS\22092_APN_101-130-080_AT&SF\LEGALS\22092-2.doc 1/13/2014 Page 2 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS said curve 82.47 feet through a central angle of 01 ° 17' 15" to the True Point of Beginning; thence continuing westerly along said southerly line and said curve 12.74 feet through a central angle of 00° 11'56" to a point thereon; thence North 49° 15' 12" East 9.49 feet; thence South 40°45'14" East 8.50 feet to the True Point of Beginning. Containing 40 square feet. Parcel No. 4 Permanent Footing Easement Beginning at the easterly terminus of that certain course in the northerly line of the land described as Parcel 3 of Easement from the Atchison, Topeka and Santa Fe Railway Company to the State of California recorded March 4, 1981 as Instrument No. 38035 of Official Records of said County recited as having a bearing and distance of "North 86°18'59" West 177.18 feet"; thence along said northerly line the following two (2) courses: 1) North 86°19'45" West 177.18 feet and 2) South 76°30'55" West 73.95 feet True Point of Beginning ; thence leaving said northerly line, North 26°53'36" West 26.63 feet; thence South 63°06'24" West 47.50 feet; thence South 26°53'36" East 47.50 feet; thence North 63°06'24" East 47.50 feet; thence North 26°53'36" West 20.87 feet to the True Point of Beginning. Containing 2,256 square feet. Parcel No. 5 Permanent Footing Easement Beginning at the easterly terminus of that certain course in the northerly line of the land described as Parcel 3 of Easement from the Atchison, Topeka and Santa Fe Railway Company to the State of California recorded March 4, 1981 as Instrument No. 38035 of M:\2PTG010501\SURVEY\LEGALS\22092_APN_101-130-080 AT&SF\LEGALS\22092-2.doe 1/13/2014 Page 3 of 5 PS OMAS Official Records of said County recited as having a bearing and distance of "North 86°18'59" West 177.18 feet"; thence North 86°19'45" West 32.06 feet along said northerly line to the True Point of Beginning; thence leaving said northerly line, North 19°15'49" West 23.82 feet; thence South 70°44'11" West 47.50 feet; thence South 19°15'49" East 47.50 feet; thence North 70°44'11" East 47.50 feet; thence North 19°15'49" West 23.68 feet to the True Point of Beginning. Containing 2,256 square feet. Parcel No. 6 Permanent Footing Easement Beginning at the westerly terminus of that certain course in the southerly line of the land described as Parcel 3 of Easement from the Atchison, Topeka and Santa Fe Railway Company to the State of California recorded March 4, 1981 as Instrument No. 38035 of Official Records of said County recited as having a bearing and distance of "South 86°19'21" East 737.06 feet"; thence along said southerly line South 86°20'07" East 153.35 feet to the beginning of a non -tangent curve concave southeasterly having a radius of 4,123.00 feet, to which point a radial line bears North 31 °43'55" West; thence northeasterly along said curve 98.00 feet through a central angle of 01 °21'43" to the True Point of Beginning; thence North 03°41'01" East 4.59 feet; thence South 86°18'56" East 35.20 feet; thence South 03°41'04" West 19.00 feet; thence North 86°18'56" West 35.20 feet; thence North 03°41'01" East 14.40 feet to the True Point of Beginning. Containing 669 square feet. See Exhibit `132' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing M:\2PTG010501 \SURVEY\LEGALS\22092_APN_101-130-080_AT&SF\LEGALS\22092-2.doc I/13/2014 Page 4 of 5 PS OMAS 1 ( grid distances by the mean combination factor of the courses being described. The mean 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 combination factor for this conversion is 0.99997476. Prepared under the direction of ZdieS Brian E. Bullock, PLS 5260 Date /-4 ?-/¢ 1v1:\2PTG010501 \SURVEYT EGALS122092_APV_I 01-130-080_AT&SFI EGALS\22092-2. doc 1/13/2014 Page 5 of 5 EXHIBIT B2 INDEX 22092-2 PARCELS NO. 1, & 2 SEE SHEETS 2 & 4 PRADO ROAD 6G\9 22092-2 SEE SHEETS 3 & 5 AT&SF R.R.R/W LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( )Title to State 1 1 1 1 1 Access Prohibited a 0 0 NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. 22092-2 PERMANENT FOOTING EASEMENTS I FEET 0 400 800 1600 2400 PREPARED BY: P SOMA S DATE: 02-14-13 REV.: 01-13-14 EA: FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 3 Hutton Centre Drive, Ste. 200 Santa Ana, California 92707 1714)751-7373/(7141545-8883 (Fax) 8 RIV 91 1 5 EXHIBIT B2 PARCEL# TITLE AREA APN 22092-2 PCL 1 ESMT 1041 SQ.FT. 101-130-080, 101-140-035 22092-2 PCL 2 ESMT 1412 SQ.FT. 101-130-080, 101-140-035 T.P.O.B. FOR PARCEL NO. 2 SEE SHEET 4 SEE SHEET 4 FOR DETAIL "A" FOR DETAIL "B" ` PARCEL NO. 1 (22092-2 P RADO 1 ROAD _ INST. NO. 109636, OR. - - - , -' T.P.O.B. FOR - ' , PARCEL NO. 2 SOUTHERLY LINE OF , , _ INST. NO. 109636 O.R. PARCEL N0. t - �' 22092-2) _-' N70°44'1 1 "E ( °5 0 R� _ �° 245 ��' � '� __� 1�0 -' 19°16 W l RR R/W _ - ,, D D� lb 0 N p2 � - l56 2 Zp6 3g5o�'E NORTHERLY LINE OF / �,2�2'� �\ (N86° 18'59" W 177.18') 6a 2� PCL 3, INST. \'' .i N NO. 38035, O.R. c' , 1 77.1 8' _ i ..� \1o6.g„W ,--N86°19'45�'W �� . _ ' BK. 5 5.1\c)o 637,E .' i' PG. 432 Dds. ,ID-',_„, ,' f.s( 1 ) i ) ( ( ,�w s396aq q5 A`P� 16 .r >`1J J YDS r ��c �3 PARCELFNO. 1 & 2 F����P� ��, NO'.0 eN • c1 S,P A 5\0 PCL 3, ¢o\) G1\' \\ INST. NO. 38035, O.R. 3 N ,0) LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( ) INDICATES RECORD ( )Title to State PER INST. NO. 38035, O.R. J I I I I Access Prohibited NOTES 22092-2 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground PERMANENT FOOTING EASEMENTS distances. All distances are in feet unless otherwise noted. I FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200Santo Ana, California 92707 (714)751-7373/(714)545-B883 (Fox) DATE: 02-14-13 REV.: 01-13-14 EA: FA#t: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 1. 1 2 5 EXHIBIT B2 PARCEL# TITLE AREA APN 22092-2 PCL 3 ESMT 40 SO.FT. 101-130-080, 101-140-035 22092-2 PCL 4 ESMT 2256 SOFT. 101 -1 30-080, 101 -1 40-035 22092-2 PCL 5 ESMT 2256 SOFT. 101-130-080, 101-140-035 22092-2 PCL 6 ESMT 669 SOFT. 101-130-080, 101-140-035 PARCEL NO. 4 22092-2) T.P.O.B. FOR PARCEL NO.6 PARCEL No. 6 �22092-2 PRADO RpAD PCL 3, INST. NO. 109636, O.R. INST. 38035, O.R. P.O.B. FOR PCL NO. 4 & 5 � 1 (NO. 2a� •A PARCEL NO. 3 AT & SF RR RAW fl22'5' , 22092-2 (N86° 18'594) BK. 637, i 77. i 8') _ PG. 432 Dds. N86° 1 9'45"W-- — 1 77,1 8' FO§ � C2 �s-' ,' � .' - , ,'BK. 637, � PG. 432 Dds. \NORTHERLY T.P.O.B, L 3 LINE OF PARCEL 2 RCEL NO. 3 � , PCL 3, INST. . r1 . G1 N0. 38035, O.R. L1 , , R4 R3 (S86°_1 97 _21 E 737.06') —' � — - _._- P.O.B. FOR T.P,O.B. FOR P.O.B. FOR PARCEL NO. 6 PARCEL NO. 5 5� PARCEL No. 3 (22092-2) T.P.O,B. FOR PARCEL NO. 4 PARCEL NO. 5 a C` SEE SHEET 5 FOR DETAIL "C" SEE SHEET 5 �' FOR DETAIL ' ROUTE 91 RIVERSIDE FREEWAY 3 C/L STATIONING RADIAL BEARING 2 R1= N31°43'55"W LINE DATA R2= N30°22'12"W C BEARING DISTANCE '\\\� R3= NO2°29'25"E L1 ° S86 20'07"E 153.35' �OV R4= N01°12'10"E L2 S76°30'55"W 73.95' LEGEND L3 N86°19'45"W 32.06' ( ) INDICATES RECORD POB Indicates Point Of Beginning PER INST. NO. 38035, O.R. CURVE DATA TPOB Indicates True Point Of Beginning 9 9 DELTA RADIUS LENGTH (R) Indicates Radial Bearing C1 01°21'43" 4123.00' 98.00' ( )Title to State 1 1 1 1 Access Prohibited C2 01°17'15" 3669.83' 82.47' ( NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone b. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 22092-2 PERMANENT FOOTING EASEMENTS distances. All distances are in feet unless otherwise noted. I FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Sonno (714)7S n 7California 373/(714)54S-8883 (Pax) DATE: 02-14-13 REV.: 01-13-14 EA: FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 1. 1 3 5 EXHIBIT B2 DETAIL ' ,...„. T.P.O.B. �' PCL NO. 1 SOUTHERLY LINE OF 586° 16'26"E .-.--' �'' — — INST. N0. 109636, O.R\ 51 .60 --- -- N1 9° 1 5'49"W 1 7.24' ' 51 9° 1 5'49"E ''\' i / 11.84' ��p A 09 S,_ ,. $ 570°44'1 1 "W --� 47.50' '0, ` 5°6�p0 � � ,q9`�`N, D"'S�;212�� N�9°�51q.-I5 �22092-2� i R) PARCEL NO. 1 ' w` OZ N�� �6 DETAIL "A" NOT TO SCALE B. SOUTHERLY LINE OF PCT.PL P N INST. NO. 109636, O.R. PCL No. 2 582° 51 '08"E N07°08'52"E 56.50' _ 6.26' 2209 N07°08'52"E 2-2 507°08'52"W 18.74' PARCEL NO. 2 25.00' AS gyp; 5C 0(7.20 q, o rLN Sbi?) 1.A /fro) N82° 51 '08"W 2 NORTHERLY LINE OF 5 6.5 0" / PCL 3, INST. NO. 38035, O.R. LEGEND DETAIL "B" POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (RJ Indicates Radial Bearing NOT TO SCALE ( )Title to State ( ) INDICATES RECORD I I I I I Access Prohibited PER INST. NO. 38035, O.R. NOTES (� Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 0 9 2- 2 PERMANENT FOOTING EASEMENTS I distances. All distances are in feet unless otherwise noted. FEET 0 25 50 100 150 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santo (714)751Ana, 73734714)545-8883 (Fax) DATE: 02-14-13 REV.: 01-13-14 EA: FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO.TOTAL SHEETS 8 R I V 91 1. 1 4 5 EXHIBIT B2 DETAIL -, PARCEL NO. 4 ..--- / �N26°53'36"W / (22092-2 --- 26.63' S63°06'244 T.P.O.B. 4 7 .50' NORTHERLY LINE OF PCL NO. 4 W�`6°19'45"W PARCEL 3 INST. N0. 38035, O.R. SZ6°30�`'S �3pg5 1 77.1 8' -- (N86° 1 8'59" N PARCEL N0. 3 / � , 20 8� 3 36 �77.1 8') (22092-2) i / S26°53'36"E, 47.50 N49°1591s24'9 _540°45'14"E 2 ��E Ri �/ 8.50 .P.o.B. Np2° 2°� 5G i ill. � � o ' N63 06'24' E — _ _ _ _ Z_ PCL NO. 3 � 47.50' — SOUTHERLY LINE OF °1 NO1 °00'14"E (R) 0=01 7'15" P.O.B. FOR PARCEL 3 INST. NO. R=3669.83 ` PCL No. 3 38035, O.R. 0=00° 1 1 '56" L=82.4 7' R=3669.83' DETAIL 1�C1, L=12.74' NO1°12'10"E (R) TO SCALE NOT PARCEL N0. 5 PARCEL N0. 6 S70°44'11'�W �// 47.50' 22092-2� �22092-2� �/ q�'� PCL N0. 6 2 q5 NORTHERLY �' LINE OF (N86° '� � T P.0.8. 156� � PCL 3, INST, 1 8' 59 W 1 77.1 8') N86° 19'45"W -� � ----Si 9° 1 5'49"E 47.50' SOUTHERLY LINE OF PARCEL NST. N0. 380 5 O. S86°20'07"E (S86 19 21 E 1 P.O.B. ° 737.06 6 L PCL No. 5 / N0. 38035, O.R. / S86° 18'56"E 1 77.18 / \-5� L3 'IA "�`R2 1100.... S03°41 '04"W Q / / / 1 9.00' / FON/ (6 23 •o4A3 �N30 3 / /9:3* j i - * \ 2 35.20' N86° 1 8'564 D� 53.35' N31 °43'55"W (p) ) PARCEL NO. 6 LINE DATA LEGEND BEARING DISTANCE L3 N86°19'45"W 32.06' RADIAL BEARING POB Indicates Point Of Beginning L4 N70°44'11"E 47.50' R2= N30°22'12"W TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing L5 L6 N19°15'49"W N19°15'49"W 23.68' 23.82' DETAIL „D" ( •) Title to State L7 NO3°41'01"E 4.59' TO SCALE I I I I 'Access Prohibited L8 NO3°41'01"E 14.40' NOT NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 U 9 2- 2 PERMANENT FOOTING EASEMENTS distances. All distances are in feet unless otherwise noted. ( FEET 0 25 50 100 150 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santo (714)751Ana, 737347114)545-8883 (Fox) DATE: 02-14-13 REV.: 01-13-14 EA: FM*: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 1 .1 5 5 EXHIBIT C To West Prado Overhead Construction and Maintenance Agreement CONTRACTOR REQUIREMENTS WEST PRADO OVERHEAD CONSTRUCTION AND MAINTENANCE AGREEMENT 1.01 General: • 1.01.01 The Contractor must cooperate with BNSF RAILWAY COMPANY, hereinafter referred to as "Railway" where work is over or under on or adjacent to Railway property and/or right-of-way, hereafter referred to as "Railway Property", during RIVERSIDE COUNTY TRANSPORTATION COMMISSION, a public corporation of the State of California, hereinafter referred to as ("RCTC") modification of the West Prado Overhead, involving the demolition and widening of the West Prado Overhead and the demolition, widening, and reconstruction of the existing westbound Green River Road Off Ramp to accommodate the SR-91 Corridor Improvement Project., BNSF's Milepost 29.54, and Line Segment 7602 on BNSF's San Bernardino Subdivision. • 1.01.02 The Contractor must execute and deliver to the Railway duplicate copies of the Exhibit C-1 Agreement, in the form attached hereto, obligating the Contractor to provide and maintain in full force and effect the insurance called for under Section 3 of said Exhibit C-1. Questions regarding procurement of the Railroad Protective Liability Insurance should be directed to Rosa Martinez at Marsh, USA, 214-303-8519. • 1.01.03 The Contractor must plan, schedule and conduct all work activities so as not to interfere with the movement of any trains on Railway Property. • 1.01.04 The Contractor's right to enter Railway's Property is subject to the absolute right of Railway to cause the Contractor's work on Railway's Property to cease if, in the opinion of Railway, Contractor's activities create a hazard to Railway's Property, employees, and/or operations. Railway will have the right to stop construction work on the Project if any of the following events take place: (i) Contractor (or any of its subcontractors) performs the Project work in a manner contrary to the plans and specifications approved by Railway; (ii) Contractor (or any of its subcontractors), in Railway's opinion, prosecutes the Project work in a manner which is hazardous to Railway property, facilities or the safe and expeditious movement of railroad traffic; (iii) the insurance described in the attached Exhibit C-1 is canceled during the course of the Project; or (iv) RCTC fails to pay Railway for the Temporary Construction License or the Easement. The work stoppage will continue until all necessary actions are taken by Contractor or its subcontractor to rectify the situation to the satisfaction of Railway's Division Engineer or until additional insurance has been delivered to and accepted by Railway. In the event of a breach of (i) the Construction and Maintenance Agreement, (ii) the Temporary Construction License, or (iii) the Easement, Railway may immediately terminate the Temporary Construction License or the Easement. Any such work stoppage under this provision will not give rise to any liability on the part of Railway. Railway's right to stop the work is in addition to any other rights Railway may have including, but not limited to, actions or suits for damages or lost profits. In the event that Railway desires to stop construction work on the Project, Railway agrees to immediately notify the following individual in writing: Exhibit C West Prado Overhead Construction and Maintenance Agreement Page 1 of 13 Michael Blomquist Toll Program Director RIVERSIDE COUNTY TRANSPORTATION COMMISSION 480 Lemon Street, rl Floor Riverside, CA 92502-2208 Office: (951) 778-1098 Fax (951) 787-7920 mblomquist@rctc.org • 1.01.05 The Contractor is responsible for determining and complying with all Federal, State and Local Governmental laws and regulations, including, but not limited to environmental laws and regulations (including but not limited to the Resource Conservation and Recovery Act, as amended; the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, CERCLA), and health and safety laws and regulations. The Contractor hereby indemnifies, defends and holds harmless Railway for, from and against all fines or penalties imposed or assessed by Federal, State and Local Governmental Agencies against the Railway which arise out of Contractor's work under this Agreement. • 1.01.06 The Contractor must notify RCTC'S Toll Program Director (951-778-1098) and Railway's Manager Public Projects, telephone number 909-386-4472 at least thirty (30) calendar days before commencing any work on Railway Property. Contractor's notification to Railway must refer to Railway's file • 1.01.07 For any bridge demolition and/or falsework above any tracks or any excavations located with any part of the excavations located within, whichever is greater, twenty-five (25) feet of the nearest track or intersecting a slope from the plane of the top of rail on a 2 horizontal to 1 vertical slope beginning at eleven (11) feet from centerline of the nearest track, both measured perpendicular to center line of track, the Contractor must furnish the Railway five sets of working drawings showing details of construction affecting Railway Property and tracks. The working drawing must include the proposed method of installation and removal of falsework, shoring or cribbing, not included in the contract plans and two sets of structural calculations of any falsework, shoring or cribbing. For all excavation and shoring submittal plans, the current `BNSF-UPRR Guidelines for Temporary Shoring" must be used for determining the design loading conditions to be used in shoring design, and all calculations and submittals must be in accordance with the current "BNSF- UPRR Guidelines for Temporary Shoring". All submittal drawings and calculations must be stamped by a registered professional engineer licensed to practice in the state the project is located. All calculations must take into consideration railway surcharge loading and must be designed to meet American Railway Engineering and Maintenance -of -Way Association (previously known as American Railway Engineering Association) Coopers E-80 live loading standard. All drawings and calculations must be stamped by a registered professional engineer licensed to practice in the state the project is located. The Contractor must not begin work until notified by the Railway that plans have been approved. The Contractor will be required to use lifting devices such as, cranes and/or winches to place or to remove any falsework over Railway's tracks. In no case will the Contractor be relieved of responsibility for results obtained by the implementation of said approved plans. • 1.01.08 Subject to the movement of Railway's trains, Railway will cooperate with the Contractor such that the work may be handled and performed in an efficient manner. The Contractor will have no claim whatsoever for any type of damages or for extra or additional compensation in the event his work is delayed by the Railway. Exhibit C West Prado Overhead Construction and Maintenance Agreement Page 2 of 13 1.02 Contractor Safety Orientation • 1.02.01 No employee of the Contractor, its subcontractors, agents or invitees may enter Railway Property without first having completed Railway's Engineering Contractor Safety Orientation, found on the web site www.bnsfcontractor.com. The Contractor must ensure that each of its employees, subcontractors, agents or invitees completes Railway's Engineering Contractor Safety Orientation through internet sessions before any work is performed on the Project. Additionally, the Contractor must ensure that each and every one of its employees, subcontractors, agents or invitees possesses a card certifying completion of the Railway Contractor Safety Orientation before entering Railway Property. The Contractor is responsible for the cost of the Railway Contractor Safety Orientation. The Contractor must renew the Railway Contractor Safety Orientation annually. Further clarification can be found on the web site or from the Railway's Representative. 1.03 Railway Requirements • 1.03.01 The Contractor must take protective measures as are necessary to keep railway facilities, including track ballast, free of sand, debris, and other foreign objects and materials resulting from his operations. Any damage to railway facilities resulting from Contractor's operations will be repaired or replaced by Railway and the cost of such repairs or replacement must be paid for by RCTC. • 1.03.02 The Contractor must notify the Railway's Division Engineer at 909-386-4504 and provide blasting plans to the Railway for review seven (7) calendar days prior to conducting any blasting operations adjacent to or on Railway's Property. • 1.03.03 The Contractor must abide by the following temporary clearances during construction: ■ 15'-0" Horizontally from centerline of nearest track ■ 21'-6" Vertically above top of rail ■ 27'-0" Vertically above top of rail for electric wires carrying less than 750 volts ■ 28'-0" Vertically above top of rail for electric wires carrying 750 volts to 15,000 volts ■ 30'-0" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000 volts ■ 34'-0" Vertically above top of rail for electric wires carrying more than 20,000 volts • 1.03.04 Upon completion of construction, the following clearances shall be maintained: ■ 26'-3" Minimum measured Horizontally from centerline of nearest track ■ 24'-1" Minimum measured Vertically above top of rail • 1.03.05 Any infringement within State statutory clearances due to the Contractor's operations must be submitted to the Railway and to RCTC and must not be undertaken until approved in writing by the Railway, and until RCTC has obtained any necessary authorization from the State Regulatory Authority for the infringement. No extra compensation will be allowed in the event the Contractor's work is delayed pending Railway approval, and/or the State Regulatory Authority's approval. • 1.03.06 In the case of impaired vertical clearance above top of rail, Railway will have the option of installing tell -tales or other protective devices Railway deems necessary for protection of Railway operations. The cost of tell -tales or protective devices will be borne by RCTC. Exhibit C West Prado Overhead Construction and Maintenance Agreement Page 3 of 13 " 1 . 0 3 . 0 7 T h e d e t a i l s o f c o n s t r u c t i o n a f f e c t i n g t h e R a i l w a y ' s P r o p e r t y a n d t r a c k s n o t i n c l u d e d i n t h e c o n t r a c t p l a n s m u s t b e s u b m i t t e d t o t h e R a i l w a y b y R C T C f o r a p p r o v a l b e f o r e w o r k i s u n d e r t a k e n a n d t h i s w o r k m u s t n o t b e u n d e r t a k e n u n t i l a p p r o v e d b y t h e R a i l w a y . " 1 . 0 3 . 0 8 A t o t h e r t h a n p u b l i c r o a d c r o s s i n g s , t h e C o n t r a c t o r m u s t n o t m o v e a n y e q u i p m e n t o r m a t e r i a l s a c r o s s R a i l w a y ' s t r a c k s u n t i l p e r m i s s i o n h a s b e e n o b t a i n e d f r o m t h e R a i l w a y . T h e C o n t r a c t o r m u s t o b t a i n a " T e m p o r a r y C o n s t r u c t i o n C r o s s i n g A g r e e m e n t " f r o m t h e R a i l w a y p r i o r t o m o v i n g h i s e q u i p m e n t o r m a t e r i a l s a c r o s s t h e R a i l w a y s t r a c k s . T h e t e m p o r a r y c r o s s i n g m u s t b e g a t e d a n d l o c k e d a t a l l t i m e s w h e n n o t r e q u i r e d f o r u s e b y t h e C o n t r a c t o r . T h e t e m p o r a r y c r o s s i n g f o r u s e o f t h e C o n t r a c t o r w i l l b e c o n s t r u c t e d a n d , a t t h e c o m p l e t i o n o f t h e p r o j e c t , r e m o v e d a t t h e e x p e n s e o f t h e C o n t r a c t o r . " 1 . 0 3 . 0 9 D i s c h a r g e , r e l e a s e o r s p i l l o n t h e R a i l w a y P r o p e r t y o f a n y h a z a r d o u s s u b s t a n c e s , o i l , p e t r o l e u m , c o n s t i t u e n t s , p o l l u t a n t s , c o n t a m i n a n t s , o r a n y h a z a r d o u s w a s t e i s p r o h i b i t e d a n d C o n t r a c t o r m u s t i m m e d i a t e l y n o t i f y t h e R a i l w a y ' s R e s o u r c e O p e r a t i o n s C e n t e r a t 1 ( 8 0 0 ) 8 3 2 - 5 4 5 2 , o f a n y d i s c h a r g e , r e l e a s e o r s p i l l s i n e x c e s s o f a r e p o r t a b l e q u a n t i t y . C o n t r a c t o r m u s t n o t a l l o w R a i l w a y P r o p e r t y t o b e c o m e a t r e a t m e n t , s t o r a g e o r t r a n s f e r f a c i l i t y a s t h o s e t e r m s a r e d e f i n e d i n t h e R e s o u r c e C o n s e r v a t i o n a n d R e c o v e r y A c t o r a n y s t a t e a n a l o g u e . " 1 . 0 3 . 1 0 T h e C o n t r a c t o r u p o n c o m p l e t i o n o f t h e w o r k c o v e r e d b y t h i s c o n t r a c t , m u s t p r o m p t l y r e m o v e f r o m t h e R a i l w a y ' s P r o p e r t y a l l o f C o n t r a c t o r ' s t o o l s , e q u i p m e n t , i m p l e m e n t s a n d o t h e r m a t e r i a l s , w h e t h e r b r o u g h t u p o n s a i d p r o p e r t y b y s a i d C o n t r a c t o r o r a n y s u b c o n t r a c t o r , e m p l o y e e o r a g e n t o f C o n t r a c t o r o r o f a n y S u b c o n t r a c t o r , a n d m u s t c a u s e R a i l w a y ' s P r o p e r t y t o b e l e f t i n a c o n d i t i o n a c c e p t a b l e t o t h e R a i l w a y ' s r e p r e s e n t a t i v e . 1 . 0 4 C o n t r a c t o r R o a d w a y W o r k e r o n T r a c k S a f e t y P r o g r a m a n d S a f e t y A c t i o n P l a n : " 1 . 0 4 . 0 1 E a c h C o n t r a c t o r t h a t w i l l p e r f o r m w o r k w i t h i n 2 5 f e e t o f t h e c e n t e r l i n e o f a t r a c k m u s t d e v e l o p a n d i m p l e m e n t a R o a d w a y W o r k e r P r o t e c t i o n / O n T r a c k S a f e t y P r o g r a m a n d w o r k w i t h R a i l w a y P r o j e c t R e p r e s e n t a t i v e t o d e v e l o p a n o n t r a c k s a f e t y s t r a t e g y a s d e s c r i b e d i n t h e g u i d e l i n e s l i s t e d i n t h e o n t r a c k s a f e t y p o r t i o n o f t h e S a f e t y O r i e n t a t i o n . T h i s P r o g r a m m u s t p r o v i d e R o a d w a y W o r k e r p r o t e c t i o n / o n t r a c k t r a i n i n g f o r a l l e m p l o y e e s o f t h e C o n t r a c t o r , i t s s u b c o n t r a c t o r s , a g e n t s o r i n v i t e e s . T h i s t r a i n i n g i s r e i n f o r c e d a t t h e j o b s i t e t h r o u g h j o b s a f e t y b r i e f i n g s . A d d i t i o n a l l y , e a c h C o n t r a c t o r m u s t d e v e l o p a n d i m p l e m e n t t h e S a f e t y A c t i o n P l a n , a s p r o v i d e d f o r o n t h e w e b s i t e w w w . b n s f c o n t r a c t o r . c o m , w h i c h w i l l b e m a d e a v a i l a b l e t o R a i l w a y p r i o r t o c o m m e n c e m e n t o f a n y w o r k o n R a i l w a y P r o p e r t y . D u r i n g t h e p e r f o r m a n c e o f w o r k , t h e C o n t r a c t o r m u s t a u d i t i t s w o r k a c t i v i t i e s . T h e C o n t r a c t o r m u s t d e s i g n a t e a n o n - s i t e P r o j e c t S u p e r v i s o r w h o w i l l s e r v e a s t h e c o n t a c t p e r s o n f o r t h e R a i l w a y a n d w h o w i l l m a i n t a i n a c o p y o f t h e S a f e t y A c t i o n P l a n , s a f e t y a u d i t s , a n d M a t e r i a l S a f e t y D a t a s h e e t s ( M S D S ) , a t t h e j o b s i t e . " 1 . 0 4 . 0 2 C o n t r a c t o r s h a l l h a v e a b a c k g r o u n d i n v e s t i g a t i o n p e r f o r m e d o n a l l o f i t s e m p l o y e e s , s u b c o n t r a c t o r s a n d a g e n t s w h o w i l l b e p e r f o r m i n g a n y s e r v i c e s f o r R a i l w a y u n d e r t h i s A g r e e m e n t w h i c h a r e d e t e r m i n e d b y R a i l w a y i n i t s s o l e d i s c r e t i o n a ) t o b e o n R a i l w a y ' s p r o p e r t y , o r b ) t h a t r e q u i r e a c c e s s t o R a i l w a y C r i t i c a l I n f r a s t r u c t u r e , R a i l w a y C r i t i c a l I n f o r m a t i o n S y s t e m s , R a i l w a y ' s E m p l o y e e s , H a z a r d o u s M a t e r i a l s o n R a i l w a y ' s p r o p e r t y o r i s b e i n g t r a n s p o r t e d b y o r o t h e r w i s e i n t h e c u s t o d y o f R a i l w a y , o r F r e i g h t i n T r a n s i t i n v o l v i n g R a i l w a y . E x h i b i t C W e s t P r a d o O v e r h e a d C o n s t r u c t i o n a n d M a i n t e n a n c e A g r e e m e n t P a g e 4 o f 1 3 The required background screening shall at a minimum meet the rail industry background screening criteria defined by the e-RAILSAFE Program as outlined at http://www.e-railsafe.com, in addition to any other applicable regulatory requirements. Contractor shall obtain written consent from all its employees, subcontractors or agents screened in compliance with the e-RAILSAFE Program to participate in the Program on their behalf and to release completed background information to Railway's designee. Contractor shall be subject to periodic audit to ensure compliance. Contractor subject to the e-RAILSAFE Program hereunder shall not permit any of its employees, subcontractors or agents to perform services hereunder who are not first approved under e- RAILSAFE Program standards. Railway shall have the right to deny entry onto its premises or access as described in this section above to any of Contractor's employees, subcontractors or agents who do not display the authorized identification badge issued by a background screening service meeting the standards set forth in the e-RAILSAFE Program, or who in Railway's opinion, which may not be unreasonable, may pose a threat to the safety or security of Railway's operations, assets or personnel. Contractors shall be responsible for ensuring that its employees, subcontractors and agents are United States citizens or legally working in the United States under a lawful and appropriate work VISA or other work authorization. 1.05 Railway Flagger Services: • 1.05.01 The Contractor must give Railway's Roadmaster (telephone 909-386-4061) a minimum of thirty (30) calendar days advance notice when flagging services will be required so that the Roadmaster can make appropriate arrangements (i.e., bulletin the flagger's position). If flagging services are scheduled in advance by the Contractor and it is subsequently determined by the parties hereto that such services are no longer necessary, the Contractor must give the Roadmaster five (5) working days advance notice so that appropriate arrangements can be made to abolish the position pursuant to union requirements. • 1.05.02 Unless determined otherwise by Railway's Project Representative, Railway flagger will be required and furnished when Contractor's work activities are located over, under and/or within twenty-five (25) feet measured horizontally from centerline of the nearest track and when cranes or similar equipment positioned beyond 25 feet from the track centerline could foul the track in the event of tip over or other catastrophic occurrence, but not limited thereto for the following conditions: • 1.05.02a When, upon inspection by Railway's Representative, other conditions warrant. • 1.05.02b When any excavation is performed below the bottom of tie elevation, if, in the opinion of Railway's representative, track or other Railway facilities may be subject to movement or settlement. • 1.05.02c When work in any way interferes with the safe operation of trains at timetable speeds. Exhibit C West Prado Overhead Construction and Maintenance Agreement Page 5 of 13 " 1 . 0 5 . 0 2 d W h e n a n y h a z a r d i s p r e s e n t e d t o R a i l w a y t r a c k , c o m m u n i c a t i o n s , s i g n a l , e l e c t r i c a l , o r o t h e r f a c i l i t i e s e i t h e r d u e t o p e r s o n s , m a t e r i a l , e q u i p m e n t o r b l a s t i n g i n t h e v i c i n i t y . " 1 . 0 5 . 0 2 e S p e c i a l p e r m i s s i o n m u s t b e o b t a i n e d f r o m t h e R a i l w a y b e f o r e m o v i n g h e a v y o r c u m b e r s o m e o b j e c t s o r e q u i p m e n t w h i c h m i g h t r e s u l t i n m a k i n g t h e t r a c k i m p a s s a b l e . " 1 . 0 5 . 0 3 F l a g g i n g s e r v i c e s w i l l b e p e r f o r m e d b y q u a l i f i e d R a i l w a y f l a g g e r s . " 1 . 0 5 . 0 3 a F l a g g i n g c r e w g e n e r a l l y c o n s i s t s o f o n e e m p l o y e e . H o w e v e r , a d d i t i o n a l p e r s o n n e l m a y b e r e q u i r e d t o p r o t e c t R a i l w a y P r o p e r t y a n d o p e r a t i o n s , i f d e e m e d n e c e s s a r y b y t h e R a i l w a y s R e p r e s e n t a t i v e . " 1 . 0 5 . 0 3 b E a c h t i m e a f l a g g e r i s c a l l e d , t h e m i n i m u m p e r i o d f o r b i l l i n g w i l l b e t h e e i g h t ( 8 ) h o u r b a s i c d a y . " 1 . 0 5 . 0 3 c T h e c o s t o f f l a g g e r s e r v i c e s p r o v i d e d b y t h e R a i l w a y w i l l b e b o r n e b y R C T C . T h e e s t i m a t e d c o s t f o r o n e ( 1 ) f l a g g e r i s a p p r o x i m a t e l y b e t w e e n $ 8 0 0 . 0 0 - $ 1 , 6 0 0 . 0 0 f o r a n e i g h t ( 8 ) h o u r b a s i c d a y w i t h t i m e a n d o n e - h a l f o r d o u b l e t i m e f o r o v e r t i m e , r e s t d a y s a n d h o l i d a y s . T h e e s t i m a t e d c o s t f o r e a c h f l a g g e r i n c l u d e s v a c a t i o n a l l o w a n c e , p a i d h o l i d a y s , R a i l w a y a n d u n e m p l o y m e n t i n s u r a n c e , p u b l i c l i a b i l i t y a n d p r o p e r t y d a m a g e i n s u r a n c e , h e a l t h a n d w e l f a r e b e n e f i t s , v e h i c l e , t r a n s p o r t a t i o n , m e a l s , l o d g i n g , r a d i o , e q u i p m e n t , s u p e r v i s i o n a n d o t h e r c o s t s i n c i d e n t a l t o p e r f o r m i n g f l a g g i n g s e r v i c e s . N e g o t i a t i o n s f o r R a i l w a y l a b o r o r c o l l e c t i v e b a r g a i n i n g a g r e e m e n t s a n d r a t e c h a n g e s a u t h o r i z e d b y a p p r o p r i a t e F e d e r a l a u t h o r i t i e s m a y i n c r e a s e a c t u a l o r e s t i m a t e d f l a g g i n g r a t e s . T H E F L A G G I N G R A T E I N E F F E C T A T T H E T I M E O F P E R F O R M A N C E B Y T H E C O N T R A C T O R H E R E U N D E R W I L L B E U S E D T O C A L C U L A T E T H E A C T U A L C O S T S O F F L A G G I N G P U R S U A N T T O T H I S P A R A G R A P H . " 1 . 0 5 . 0 3 d T h e a v e r a g e t r a i n t r a f f i c o n t h i s r o u t e i s 7 8 f r e i g h t t r a i n s a n d 2 7 p a s s e n g e r t r a i n s u p t o a m a x i m u m t o t a l o f 1 0 5 t r a i n s p e r 2 4 - h o u r p e r i o d . T r a i n t i m e t a b l e s p e e d s a r e : W e s t w a r d : 6 0 M P H P a s s e n g e r , 5 0 M P H F r e i g h t E a s t w a r d : 6 0 M P H P a s s e n g e r , 5 0 M P H F r e i g h t 1 . 0 6 C o n t r a c t o r G e n e r a l S a f e t y R e q u i r e m e n t s " 1 . 0 6 . 0 1 W o r k i n t h e p r o x i m i t y o f r a i l w a y t r a c k ( s ) i s p o t e n t i a l l y h a z a r d o u s w h e r e m o v e m e n t o f t r a i n s a n d e q u i p m e n t c a n o c c u r a t a n y t i m e a n d i n a n y d i r e c t i o n . A l l w o r k p e r f o r m e d b y c o n t r a c t o r s w i t h i n 2 5 f e e t o f a n y t r a c k m u s t b e i n c o m p l i a n c e w i t h F R A R o a d w a y W o r k e r P r o t e c t i o n R e g u l a t i o n s . " 1 . 0 6 . 0 2 B e f o r e b e g i n n i n g a n y t a s k o n R a i l w a y P r o p e r t y , a t h o r o u g h j o b s a f e t y b r i e f i n g m u s t b e c o n d u c t e d w i t h a l l p e r s o n n e l i n v o l v e d w i t h t h e t a s k a n d r e p e a t e d w h e n t h e p e r s o n n e l o r t a s k c h a n g e s . I f t h e t a s k i s w i t h i n 2 5 f e e t o f a n y t r a c k , t h e j o b b r i e f i n g m u s t i n c l u d e t h e R a i l w a y ' s f l a g g e r , a s a p p l i c a b l e , a n d i n c l u d e t h e p r o c e d u r e s t h e C o n t r a c t o r w i l l u s e t o p r o t e c t i t s e m p l o y e e s , s u b c o n t r a c t o r s , a g e n t s o r i n v i t e e s f r o m m o v i n g a n y e q u i p m e n t a d j a c e n t t o o r a c r o s s a n y R a i l w a y t r a c k ( s ) . E x h i b i t C W e s t P r a d o O v e r h e a d C o n s t r u c t i o n a n d M a i n t e n a n c e A g r e e m e n t P a g e 6 o f 1 3 " 1 . 0 6 . 0 3 W o r k e r s m u s t n o t w o r k w i t h i n 2 5 f e e t o f t h e c e n t e r l i n e o f a n y t r a c k w i t h o u t a n o n t r a c k s a f e t y s t r a t e g y a p p r o v e d b y t h e R a i l w a y ' s P r o j e c t R e p r e s e n t a t i v e . W h e n a u t h o r i t y i s p r o v i d e d , e v e r y c o n t r a c t o r e m p l o y e e m u s t k n o w : ( 1 ) w h o t h e R a i l w a y f l a g g e r i s , a n d h o w t o c o n t a c t t h e f l a g g e r , ( 2 ) l i m i t s o f t h e a u t h o r i t y , ( 3 ) t h e m e t h o d o f c o m m u n i c a t i o n t o s t o p a n d r e s u m e w o r k , a n d ( 4 ) l o c a t i o n o f t h e d e s i g n a t e d p l a c e s o f s a f e t y . P e r s o n s o r e q u i p m e n t e n t e r i n g f l a g / w o r k l i m i t s t h a t w e r e n o t p r e v i o u s l y j o b b r i e f e d , m u s t n o t i f y t h e f l a g g e r i m m e d i a t e l y , a n d b e g i v e n a j o b b r i e f i n g w h e n w o r k i n g w i t h i n 2 5 f e e t o f t h e c e n t e r l i n e o f t r a c k . " 1 . 0 6 . 0 4 W h e n C o n t r a c t o r e m p l o y e e s a r e r e q u i r e d t o w o r k o n t h e R a i l w a y P r o p e r t y a f t e r n o r m a l w o r k i n g h o u r s o r o n w e e k e n d s , t h e R a i l w a y ' s r e p r e s e n t a t i v e i n c h a r g e o f t h e p r o j e c t m u s t b e n o t i f i e d . A m i n i m u m o f t w o e m p l o y e e s m u s t b e p r e s e n t a t a l l t i m e s . " 1 . 0 6 . 0 5 A n y e m p l o y e e s , a g e n t s o r i n v i t e e s o f C o n t r a c t o r o r i t s s u b c o n t r a c t o r s u n d e r s u s p i c i o n o f b e i n g u n d e r t h e i n f l u e n c e o f d r u g s o r a l c o h o l , o r i n t h e p o s s e s s i o n o f s a m e , w i l l b e r e m o v e d f r o m t h e R a i l w a y ' s P r o p e r t y a n d s u b s e q u e n t l y r e l e a s e d t o t h e c u s t o d y o f a r e p r e s e n t a t i v e o f C o n t r a c t o r m a n a g e m e n t . F u t u r e a c c e s s t o t h e R a i l w a y ' s P r o p e r t y b y t h a t e m p l o y e e w i l l b e d e n i e d . " 1 . 0 6 . 0 6 A n y d a m a g e t o R a i l w a y P r o p e r t y , o r a n y h a z a r d n o t i c e d o n p a s s i n g t r a i n s m u s t b e r e p o r t e d i m m e d i a t e l y t o t h e R a i l w a y ' s r e p r e s e n t a t i v e i n c h a r g e o f t h e p r o j e c t . A n y v e h i c l e o r m a c h i n e w h i c h m a y c o m e i n c o n t a c t w i t h t r a c k , s i g n a l e q u i p m e n t , o r s t r u c t u r e ( b r i d g e ) a n d c o u l d r e s u l t i n a t r a i n d e r a i l m e n t m u s t b e r e p o r t e d i m m e d i a t e l y t o t h e R a i l w a y r e p r e s e n t a t i v e i n c h a r g e o f t h e p r o j e c t a n d t o t h e R a i l w a y ' s R e s o u r c e O p e r a t i o n s C e n t e r a t 1 ( 8 0 0 ) 8 3 2 - 5 4 5 2 . L o c a l e m e r g e n c y n u m b e r s a r e t o b e o b t a i n e d f r o m t h e R a i l w a y r e p r e s e n t a t i v e i n c h a r g e o f t h e p r o j e c t p r i o r t o t h e s t a r t o f a n y w o r k a n d m u s t b e p o s t e d a t t h e j o b s i t e . " 1 . 0 6 . 0 7 F o r s a f e t y r e a s o n s , a l l p e r s o n s a r e p r o h i b i t e d f r o m h a v i n g p o c k e t k n i v e s , f i r e a r m s o r o t h e r d e a d l y w e a p o n s i n t h e i r p o s s e s s i o n w h i l e w o r k i n g o n R a i l w a y ' s P r o p e r t y . " 1 . 0 6 . 0 8 A l l p e r s o n n e l p r o t e c t i v e e q u i p m e n t ( P P E ) u s e d o n R a i l w a y P r o p e r t y m u s t m e e t a p p l i c a b l e O S H A a n d A N S I s p e c i f i c a t i o n s . C u r r e n t R a i l w a y p e r s o n n e l p r o t e c t i v e e q u i p m e n t r e q u i r e m e n t s a r e l i s t e d o n t h e w e b s i t e , w w w . b n s f c o n t r a c t o r . c o m , h o w e v e r , a p a r t i a l l i s t o f t h e r e q u i r e m e n t s i n c l u d e : a ) s a f e t y g l a s s e s w i t h p e r m a n e n t l y a f f i x e d s i d e s h i e l d s ( n o y e l l o w l e n s e s ) ; b ) h a r d h a t s c ) s a f e t y s h o e w i t h : h a r d e n e d t o e s , a b o v e - t h e - a n k l e l a c e - u p a n d a d e f i n e d h e e l ; a n d d ) h i g h v i s i b i l i t y r e t r o - r e f l e c t i v e w o r k w e a r . T h e R a i l w a y ' s r e p r e s e n t a t i v e i n c h a r g e o f t h e p r o j e c t i s t o b e c o n t a c t e d r e g a r d i n g l o c a l s p e c i f i c a t i o n s f o r m e e t i n g r e q u i r e m e n t s r e l a t i n g t o h i - v i s i b i l i t y w o r k w e a r . H e a r i n g p r o t e c t i o n , f a l l p r o t e c t i o n , g l o v e s , a n d r e s p i r a t o r s m u s t b e w o r n a s r e q u i r e d b y S t a t e a n d F e d e r a l r e g u l a t i o n s . ( N O T E S h o u l d t h e r e b e a d i s c r e p a n c y b e t w e e n t h e i n f o r m a t i o n c o n t a i n e d o n t h e w e b s i t e a n d t h e i n f o r m a t i o n i n t h i s p a r a g r a p h , t h e w e b s i t e w i l l . g o v e r n . ) " 1 . 0 6 . 0 9 T H E C O N T R A C T O R M U S T N O T P I L E O R S T O R E A N Y M A T E R I A L S , M A C H I N E R Y O R E Q U I P M E N T C L O S E R T H A N 2 5 ' - 0 " T O T H E C E N T E R L I N E O F T H E N E A R E S T R A I L W A Y T R A C K . M A T E R I A L S , M A C H I N E R Y O R E Q U I P M E N T M U S T N O T B E S T O R E D O R L E F T W I T H I N 2 5 0 F E E T O F A N Y H I G H W A Y / R A I L A T - G R A D E C R O S S I N G S O R T E M P O R A R Y C O N S T R U C T I O N C R O S S I N G , W H E R E S T O R A G E O F T H E S A M E W I L L O B S T R U C T T H E V I E W O F A T R A I N A P P R O A C H I N G T H E C R O S S I N G . P R I O R T O B E G I N N I N G W O R K , T H E C O N T R A C T O R M U S T E S T A B L I S H A S T O R A G E A R E A W I T H C O N C U R R E N C E O F T H E R A I L W A Y ' S R E P R E S E N T A T I V E . E x h i b i t C W e s t P r a d o O v e r h e a d C o n s t r u c t i o n a n d M a i n t e n a n c e A g r e e m e n t P a g e 7 o f 1 3 " 1 . 0 6 . 1 0 M a c h i n e s o r v e h i c l e s m u s t n o t b e l e f t u n a t t e n d e d w i t h t h e e n g i n e r u n n i n g . P a r k e d m a c h i n e s o r e q u i p m e n t m u s t b e i n g e a r w i t h b r a k e s s e t a n d i f e q u i p p e d w i t h b l a d e , p a n o r b u c k e t , t h e y m u s t b e l o w e r e d t o t h e g r o u n d . A l l m a c h i n e r y a n d e q u i p m e n t l e f t u n a t t e n d e d o n R a i l w a y ' s P r o p e r t y m u s t b e l e f t i n o p e r a b l e a n d s e c u r e d a g a i n s t m o v e m e n t . ( S e e i n t e r n e t E n g i n e e r i n g C o n t r a c t o r S a f e t y O r i e n t a t i o n p r o g r a m f o r m o r e d e t a i l e d s p e c i f i c a t i o n s ) . " 1 . 0 6 . 1 1 W o r k e r s m u s t n o t c r e a t e a n d l e a v e a n y c o n d i t i o n s a t t h e w o r k s i t e t h a t w o u l d i n t e r f e r e w i t h w a t e r d r a i n a g e . A n y w o r k p e r f o r m e d o v e r w a t e r m u s t m e e t a l l f e d e r a l , s t a t e a n d l o c a l r e g u l a t i o n s . " 1 . 0 6 . 1 2 A l l p o w e r l i n e w i r e s m u s t b e c o n s i d e r e d d a n g e r o u s a n d o f h i g h v o l t a g e u n l e s s i n f o r m e d t o t h e c o n t r a r y b y p r o p e r a u t h o r i t y . F o r a l l p o w e r l i n e s t h e m i n i m u m c l e a r a n c e b e t w e e n t h e l i n e s a n d a n y p a r t o f t h e e q u i p m e n t o r l o a d m u s t b e ; 2 0 0 K V o r b e l o w - 1 5 f e e t ; 2 0 0 t o 3 5 0 K V - 2 0 f e e t ; 3 5 0 t o 5 0 0 K V - 2 5 f e e t ; 5 0 0 t o 7 5 0 K V - 3 5 f e e t ; a n d 7 5 0 t o 1 0 0 0 K V - 4 5 f e e t . I f c a p a c i t y o f t h e l i n e i s n o t k n o w n , a m i n i m u m c l e a r a n c e o f 4 5 f e e t m u s t b e m a i n t a i n e d . A p e r s o n m u s t b e d e s i g n a t e d t o o b s e r v e c l e a r a n c e o f t h e e q u i p m e n t a n d g i v e a t i m e l y w a r n i n g f o r a l l o p e r a t i o n s w h e r e i t i s d i f f i c u l t f o r a n o p e r a t o r t o m a i n t a i n t h e d e s i r e d c l e a r a n c e b y v i s u a l m e a n s . 1 . 0 7 E x c a v a t i o n : " 1 . 0 7 . 0 1 B e f o r e e x c a v a t i n g , t h e C o n t r a c t o r m u s t d e t e r m i n e w h e t h e r a n y u n d e r g r o u n d p i p e l i n e s , e l e c t r i c w i r e s , o r c a b l e s , i n c l u d i n g f i b e r o p t i c c a b l e s y s t e m s a r e p r e s e n t a n d l o c a t e d w i t h i n t h e P r o j e c t w o r k a r e a . T h e C o n t r a c t o r m u s t d e t e r m i n e w h e t h e r e x c a v a t i o n o n R a i l w a y ' s P r o p e r t y c o u l d c a u s e d a m a g e t o b u r i e d c a b l e s r e s u l t i n g i n d e l a y t o R a i l w a y t r a f f i c a n d d i s r u p t i o n o f s e r v i c e t o u s e r s . D e l a y s a n d d i s r u p t i o n s t o s e r v i c e m a y c a u s e b u s i n e s s i n t e r r u p t i o n s i n v o l v i n g l o s s o f r e v e n u e a n d p r o f i t s . B e f o r e c o m m e n c i n g e x c a v a t i o n , t h e C o n t r a c t o r m u s t c o n t a c t B N S F ' s F i e l d E n g i n e e r i n g R e p r e s e n t a t i v e ( 9 0 9 - 3 8 6 - 4 0 7 9 ) . A l l u n d e r g r o u n d a n d o v e r h e a d w i r e s w i l l b e c o n s i d e r e d H I G H V O L T A G E a n d d a n g e r o u s u n t i l v e r i f i e d w i t h t h e c o m p a n y h a v i n g o w n e r s h i p o f t h e l i n e . I t i s t h e C o n t r a c t o r ' s r e s p o n s i b i l i t y t o n o t i f y a n y o t h e r c o m p a n i e s t h a t h a v e u n d e r g r o u n d u t i l i t i e s i n t h e a r e a a n d a r r a n g e f o r t h e l o c a t i o n o f a l l u n d e r g r o u n d u t i l i t i e s b e f o r e e x c a v a t i n g . " 1 . 0 7 . 0 2 T h e C o n t r a c t o r m u s t c e a s e a l l w o r k a n d n o t i f y t h e R a i l w a y i m m e d i a t e l y b e f o r e c o n t i n u i n g e x c a v a t i o n i n t h e a r e a i f o b s t r u c t i o n s a r e e n c o u n t e r e d w h i c h d o n o t a p p e a r o n d r a w i n g s . I f t h e o b s t r u c t i o n i s a u t i l i t y a n d t h e o w n e r o f t h e u t i l i t y c a n b e i d e n t i f i e d , t h e n t h e C o n t r a c t o r m u s t a l s o n o t i f y t h e o w n e r i m m e d i a t e l y . I f t h e r e i s a n y d o u b t a b o u t t h e l o c a t i o n o f u n d e r g r o u n d c a b l e s o r l i n e s o f a n y k i n d , n o w o r k m u s t b e p e r f o r m e d u n t i l t h e e x a c t l o c a t i o n h a s b e e n d e t e r m i n e d . T h e r e w i l l b e n o e x c e p t i o n s t o t h e s e i n s t r u c t i o n s . " 1 . 0 7 . 0 3 A l l e x c a v a t i o n s m u s t b e c o n d u c t e d i n c o m p l i a n c e w i t h a p p l i c a b l e O S H A r e g u l a t i o n s a n d , r e g a r d l e s s o f d e p t h , m u s t b e s h o r e d w h e r e t h e r e i s a n y d a n g e r t o t r a c k s , s t r u c t u r e s o r p e r s o n n e l . " 1 . 0 7 . 0 4 A n y e x c a v a t i o n s , h o l e s o r t r e n c h e s o n t h e R a i l w a y ' s P r o p e r t y m u s t b e c o v e r e d , g u a r d e d a n d / o r p r o t e c t e d w h e n n o t b e i n g w o r k e d o n . W h e n l e a v i n g w o r k s i t e a r e a s a t n i g h t a n d o v e r w e e k e n d s , t h e a r e a s m u s t b e s e c u r e d a n d l e f t i n a c o n d i t i o n t h a t w i l l e n s u r e t h a t R a i l w a y e m p l o y e e s a n d o t h e r p e r s o n n e l w h o m a y b e w o r k i n g o r p a s s i n g t h r o u g h t h e a r e a a r e p r o t e c t e d f r o m a l l h a z a r d s . A l l e x c a v a t i o n s m u s t b e b a c k f i l l e d a s s o o n a s p o s s i b l e . E x h i b i t C W e s t P r a d o O v e r h e a d C o n s t r u c t i o n a n d M a i n t e n a n c e A g r e e m e n t P a g e 8 o f 1 3 1.08 Hazardous Waste, Substances and Material Reporting: • 1.08.01 If Contractor discovers any hazardous waste, hazardous substance, petroleum or other deleterious material, including but not limited to any non -containerized commodity or material, on or adjacent to Railway's Property, in or near any surface water, swamp, wetlands or waterways, while performing any work under this Agreement, Contractor must immediately; (a) notify the Railway's Resource Operations Center at 1(800) 832-5452, of such discovery: (b) take safeguards necessary to protect its employees, subcontractors, agents and/or third parties; and (c) exercise due care with respect to the release, including the taking of any appropriate measure to minimize the impact of such release. 1.09 Personal Injury Reporting • 1.09.01 The Railway is required to report certain injuries as a part of compliance with Federal Railroad Administration (FRA) reporting requirements. Any personal injury sustained by an employee of the Contractor, subcontractor or Contractor's invitees while on the Railway's Property must be reported immediately (by phone mail if unable to contact in person) to the Railway's representative in charge of the project. The Non -Employee Personal Injury Data Collection Form contained herein is to be completed and sent by Fax to the Railway at 1(817) 352-7595 and to the Railway's Project Representative no later than the close of shift on the date of the injury. Exhibit C West Prado Overhead Construction and Maintenance Agreement Page 9 of 13 .B/VSF RA/LWAY NON -EMPLOYEE PERSONAL INJURY DATA COLLECTION (If injuries are in connection with rail equipment accident/incident, highway rail grade crossing accident or automobile accident, ensure that appropriate information is obtained, forms completed and that data entry personnel are aware that injuries relate to that specific event.) Injured Person Type: Passenger on train (C) Contractor/safety Volunteer/safety gpnsitivP (H) Non -trespasser Non -employee (N) emp of another railroad, or, non-BNSF emp involved in vehicle accident, including company vehicles) IContractor/non-safety sensitive (G) Volunteer/other non -safety sensitive (I) (D) - to include highway users involved in highway rail grade crossing accidents who did not go around or through gates Trespasser (E) - to include highway users involved in highway rail grade crossing accidents who went around or through gates Non -trespasser (J) - Off Railway Property If train involved, Train ID: Transmit attached information to Accident/Incident Reporting Center by: Fax 1-817-352-7595 or by Phone 1-800-697-6736 Reporting.Center@BNSF.com or email to: Accident - Exhibit C West Prado Overhead Construction and Maintenance Agreement Page 10 of 13 Officer Providing Information: (Name) (Employee No.) (Phone #) REPORT PREPARED TO COMPLY WITH FEDERAL ACCIDENT REPORTING REQUIREMENTS AND PROTECTED FROM DISCLOSURE PURSUANT TO 49 U.S.C. 20903 AND 83 U.S.C. 490 NON -EMPLOYEE PERSONAL INJURY DATA COLLECTION INFORMATION REQUIRED TO BE COLLECTED PURSUANT TO FEDERAL REGULATION. IT SHOULD BE USED FOR COMPLIANCE WITH FEDERAL REGULATIONS ONLY AND IT IS NOT INTENDED TO PRESUME ACCEPTANCE OF RESPONSIBILITY OR LIABIITY 1. Accident City/St: 2: Date: Time:: County: 3. Temperature: 4. Weather: (if non BNSF location) Mile Post / Line Segment 5. Driver's License No. (and state) or other ID: SSN(required): 6. Name (last, first, mi): 7. Address: City: St: Zip: Exhibit C West Prado Overhead Construction and Maintenance Agreement Page 11 of 13 8 Date of Birth: and/or Age: Gender: (If available) Phone Number: Employer: 9. Injury: 10. Body Part: (i.e. laceration, etc.) (i.e. Hand, etc.) 11. Description of Accident (To include location, action, result, etc.) 12. Treatment: First Aid Only Required Medical Treatment Other Medical Treatment 13. Dr. Name: Date: 14: Dr. Address: Street; City: St: Zip: Exhibit C West Prado Overhead Construction and Maintenance Agreement Page 12 of 13 15: Hospital Name: 16: Hospital Address: Street; City: St: Zip: 17: Diagnosis: REPORT PREPARED TO COMPLY WITH FEDERAL ACCIDENT REPORTIING REQUIREMENTS AND PROTECTED FROM DISCLOSURE PURSUANT TO 49 U.S.C. 20903 AND 83 U.S.C. 490 Exhibit C West Prado Overhead Construction and Maintenance Agreement Page 13 of 13 EXHIBIT C-i Agreement Between BNSF RAILWAY COMPANY and the CONTRACTOR BNSF RAILWAY COMPANY Attention: Manager Public Projects Railway File: BFXXXXXVOC Agency Project: WEST PRADO OVERHEAD, DOT No. 026533K Gentlemen: The undersigned (hereinafter called, the "Contractor"), has entered into a contract (the "Contract") dated 201_, with RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("RCTC") for the performance of certain work in connection with the following project: The SR-91 Corridor Improvement Project to extend the tolled express lanes for State Route 91 from its existing easterly end at Riverside County's westerly boundary joint with Orange County's easterly boundary to Interstate Highway I-15 involving the modification of existing West Prado Overhead DOT No. 026533K, involving the demolition and widening of the West Prado Overhead and the demolition, widening, and reconstruction of the existing westbound Green River Road Off Ramp to accommodate the SR-91 Corridor Improvement Project. Performance of such work will necessarily require Contractor to enter BNSF RAILWAY COMPANY ("Railway") right of way and property ("Railway Property"). The Contract provides that no work will be commenced within Railway Property until the Contractor employed in connection with said work for RCTC (i) executes and delivers to Railway an Agreement in the form hereof, and (ii) provides insurance of the coverage and limits specified in such Agreement and Section 3 herein. If this Agreement is executed by a party who is not the Owner, General Partner, President or Vice President of Contractor, Contractor must furnish evidence to Railway certifying that the signatory is empowered to execute this Agreement on behalf of Contractor. Accordingly, in consideration of Railway granting permission to Contractor to enter upon Railway Property and as an inducement for such entry, Contractor, effective on the date of the Contract, has agreed and does hereby agree with Railway as follows: Section 1. RELEASE OF LIABILITY AND INDEMNITY Contractor hereby waives, releases, indemnifies, defends and holds harmless Railway for all judgments, awards, claims, demands, and expenses (including attorneys' fees), for injury or death to all persons, including Railway's and Contractor's officers and employees, and for loss and damage to property belonging to any person, arising in any manner from Contractor's or any of Contractor's subcontractors' acts or omissions or any work performed on or about Railway's Exhibit C-1 WEST PRADO OVERHEAD — February 26, 2014 Page 1 of 8 Property. THE LIABILITY ASSUMED BY CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DESTRUCTION, DAMAGE, DEATH, OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF RAILWAY, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE WILLFUL MISCONDUCT OR SOLE NEGLIGENCE OF RAILWAY. THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR INCLUDES ANY CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAINST RAILWAY UNDER THE FEDERAL EMPLOYEE'S LIABILITY ACT, INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY APPLIANCE ACT OR THE LOCOMOTIVE INSPECTION ACT, WHENEVER SO CLAIMED. Contractor further agrees, at its expense, in the name and on behalf of Railway, that it will adjust and settle all claims made against Railway, and will, at Railway's discretion, appear and defend any suits or actions of law or in equity brought against Railway on any claim or cause of action arising or growing out of or in any manner connected with any liability assumed by Contractor under this Agreement for which Railway is liable or is alleged to be liable. Railway will give notice to Contractor, in writing, of the receipt or dependency of such claims and thereupon Contractor must proceed to adjust and handle to a conclusion such claims, and in the event of a suit being brought against Railway, Railway may forward summons and complaint or other process in connection therewith to Contractor, and Contractor, at Railway's discretion, must defend, adjust, or settle such suits and protect, indemnify, and save harmless Railway from and against all damages, judgments, decrees, attorney's fees, costs, and expenses growing out of or resulting from or incident to any such claims or suits. In addition to any other provision of this Agreement, in the event that all or any portion of this Article shall be deemed to be inapplicable for any reason, including without limitation as a result of a decision of an applicable court, legislative enactment or regulatory order, the parties agree that this Article shall be interpreted as requiring Contractor to indemnify Railway to the fullest extent permitted by applicable law. THROUGH THIS AGREEMENT THE PARTIES EXPRESSLY INTEND FOR CONTRACTOR TO INDEMNIFY RAILWAY FOR RAILWAY'S ACTS OF NEGLIGENCE. It is mutually understood and agreed that the assumption of liabilities and indemnification provided for in this Agreement survive any termination of this Agreement. Section 2. TERM This Agreement is effective from the date of the Contract until (i) the completion of the project set forth herein, and (ii) full and complete payment to Railway of any and all sums or other amounts owing and due hereunder. Section 3. INSURANCE Contractor shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: Exhibit C-1 WEST PRADO OVERHEAD — February 26, 2014 Page 2 of 8 A. Commercial General Liability insurance. This insurance shall contain broad form contractual liability with a combined single limit of a minimum of $5,000,000 each occurrence and an aggregate limit of at least $10,000,000 but in no event less than the amount otherwise carried by the Contractor. Coverage must be purchased on a post 2004 ISO occurrence form or equivalent and include coverage for, but not limit to the following: ♦ Bodily Injury and Property Damage ♦ Personal Injury and Advertising Injury ♦ Fire legal liability ♦ Products and completed operations This policy shall also contain the following endorsements, which shall be indicated on the certificate of insurance: ♦ The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. ♦ Waver of subrogation in favor of and acceptable to Railway. ♦ Additional insured endorsement in favor of and acceptable to Railway. ♦ Separation of insureds. ♦ The policy shall be primary and non-contributing with respect to any insurance carried by Railway. It is agreed that the workers' compensation and employers' liability related exclusions in the Commercial General Liability insurance policy(s) required herein are intended to apply to employees of the policy holder and shall not apply to Railway employees. No other endorsements limiting coverage as respects obligations under this Agreement may be included on the policy with regard to the work being performed under this agreement. B. Business Automobile Insurance. This insurance shall contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the following: ♦ Bodily injury and property damage ♦ Any and all vehicles owned, used or hired The policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: ♦ Waiver of subrogation in favor of and acceptable to Railway. ♦ Additional insured endorsement in favor of and acceptable to Railway. ♦ Separation of insureds. ♦ The policy shall be primary and non-contributing with respect to any insurance carried by Railway. Exhibit C-1 WEST PRADO OVERHEAD — February 26, 2014 Page 3 of 8 C. Workers Compensation and Employers Liability insurance including coverage for, but not limited to: ♦ Contractor's statutory liability under the worker's compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway. ♦ Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. This policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: ♦ Waiver of subrogation in favor of and acceptable to Railway. D. Railroad Protective Liability insurance naming only the Railway as the Insured with coverage of at least $5,000,000 per occurrence and $10,000,000 in the aggregate. The policy Must be issued on a standard ISO form CG 00 35 12 04 and include the following: ♦ Endorsed to include the Pollution Exclusion Amendment ♦ Endorsed to include the Limited Seepage and Pollution Endorsement. ♦ Endorsed to remove any exclusion for punitive damages. ♦ No other endorsements restricting coverage may be added. ♦ The original policy must be provided to the Railway prior to performing any work or services under this Agreement ♦ Definition of "Physical Damage to Property" shall be endorsed to read: "means direct and accidental loss of or damage to all property owned by any named insured and all property in any named insured' care, custody, and control arising out of the acts or omissions of the contractor named on the Declarations. In lieu of providing a Railroad Protective Liability Policy, Licensee may participate (if available) in Railway's Blanket Railroad Protective Liability Insurance Policy. Other Requirements: Where allowable by law, all policies (applying to coverage listed above) shall contain no exclusion for punitive damages. Contractor agrees to waive its right of recovery against Railway for all claims and suits against Railway. In addition, its insurers, through the terms of the policy or policy endorsement, waive their right of subrogation against Railway for all claims and suits. Contractor further waives its right of recovery, and its insurers also waive their right of subrogation against Railway for loss of its owned or leased property or property under Contractor's care, custody, or control. above. Allocated Loss Expense shall be in addition to all policy limits for coverages referenced Exhibit C-I WEST PRADO OVERHEAD — February 26, 2014 Page 4 of 8 Contractor is not allowed to self -insure without the prior written consent of Railway. If granted by Railway, self -insured retention or other financial responsibility for claims shall be covered directly by Contractor in lieu of insurance. Any and all Railway liabilities that would otherwise, in accordance with the provisions of this Agreement, be covered by Contractor's insurance will be covered as if Contractor elected not to include a deductible, self -insured retention or other financial responsibility for claims. Prior to commencing the Work, Contractor shall furnish to Railway an acceptable certificate(s) of insurance from an authorized representative evidencing the required coverage(s), endorsements, and amendments. The certificate should be directed to the following addresses: BNSF Railway Company Manager Public Projects 740 East Carnegie Drive San Bernardino, CA 92408 Phone: 909-3 86-4472 Fax: 909-386-4479 Melvin.Thomas@bnsf.com AND BNSF Railway Company c/o CertFocus P.O. Box 140528 Kansas City, MO 64114 Toll Free: 877-576-2378 Fax number: 817-840-7487 Email: BNSF@certfocus.com www.certfocus.com Contractor shall notify Railway in writing at least 30 days prior to any cancellation, non - renewal, substitution, or material alteration. Any insurance policy must be written by a reputable insurance company acceptable to Railway or with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provide. If coverage is purchased on a "claims made" basis, Contractor hereby agrees to maintain coverage in force for a minimum of three years after expiration, cancellation or termination of this contract. Annually, Contractor agrees to provide evidence of such coverage as required hereunder. Contractor represents that this Agreement has been thoroughly reviewed by Contractor's insurance agent(s)/broker(s), who have been instructed by Contractor to procure the insurance coverage required by this Agreement. Exhibit C-1 WEST PRADO OVERHEAD — February 26, 2014 Page 5 of 8 Not more frequently than once every five years, Railway may reasonably modify the required insurance coverage to reflect then -current risk management practices in the railroad industry and underwriting practices in the insurance industry. If any portion of the operation is to be subcontracted by Contractor, Contractor shall require that the subcontractor shall provide and maintain the insurance coverage(s) set forth herein, naming Railway as an additional insured, and shall require that the subcontractor shall release, defend, and indemnify Railway to the same extent and under the same terms and conditions as Contractor is required to release, defend, and indemnify Railway herein. Failure to provide evidence as required by this section shall entitle, but not require, Railway to terminate this Agreement immediately. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of Contractor's obligations hereunder. The fact that insurance (including, without limitation, self-insurance) is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railway shall not be limited by the amount of the required insurance coverage. In the event of a claim or lawsuit involving Railway arising out of this agreement, Contractor will make available any required policy covering such claim or lawsuit. These insurance provisions are intended to be a separate and distinct obligation on the part of the Contractor. Therefore, these provisions shall be enforceable and Contractor shall be bound thereby regardless of whether or not indemnity provisions are determined to be enforceable in the jurisdiction in which the work covered hereunder is performed. For purposes of this section, Railway means `Burlington Northern Santa Fe LLC", "BNSF RAILWAY COMPANY" and the subsidiaries, successors, assigns and affiliates of each. Section 4. EXHIBIT C CONTRACTOR REQUIREMENTS The Contractor must observe and comply with all provisions, obligations, requirements and limitations contained in the Contract, and the Contractor Requirements set forth on Exhibit C attached to the Contract and this Agreement, , including, but not be limited to, payment of all costs incurred for any damages to Railway roadbed, tracks, and/or appurtenances thereto, resulting from use, occupancy, or presence of its employees, representatives, or agents or subcontractors on or about the construction site. Section 5. TRAIN DELAY Contractor is responsible for and hereby indemnifies and holds harmless Railway (including its affiliated railway companies, and its tenants) for, from and against all damages arising from any unscheduled delay to a freight or passenger train which affects Railway's ability to fully utilize its equipment and to meet customer service and contract obligations. Contractor will be billed, as further provided below, for the economic losses arising from loss of use of equipment, contractual loss of incentive pay and bonuses and contractual penalties resulting from Exhibit C-1 WEST PRADO OVERHEAD — February 26, 2014 Page 6 of 8 train delays, whether caused by Contractor, or subcontractors, or by the Railway performing work under this Agreement. Railway agrees that it will not perform any act to unnecessarily cause train delay. For loss of use of equipment, Contractor will be billed the current freight train hour rate per train as determined from Railway's records. Any disruption to train traffic may cause delays to multiple trains at the same time for the same period. Additionally, the parties acknowledge that passenger, U.S. mail trains and certain other grain, intermodal, coal and freight trains operate under incentive/penalty contracts between Railway and its customer(s). Under these arrangements, if Railway does not meet its contract service commitments, Railway may suffer loss of performance or incentive pay and/or be subject to penalty payments. Contractor is responsible for any train performance and incentive penalties or other contractual economic losses actually incurred by Railway which are attributable to a train delay caused by Contractor or its subcontractors. The contractual relationship between Railway and its customers is proprietary and confidential. In the event of a train delay covered by this Agreement, Railway will share information relevant to any train delay to the extent consistent with Railway confidentiality obligations. Damages for train delay are currently $382.20 per hour per incident. THE RATE THEN IN EFFECT AT THE TIME OF PERFORMANCE BY THE CONTRACTOR HEREUNDER WILL BE USED TO CALCULATE THE ACTUAL COSTS OF TRAIN DELAY PURSUANT TO THIS AGREEMENT. Contractor and its subcontractors must give Railway's representative (BNSF Project Engineer, 909-386-4079) eight (8) weeks advance notice of the times and dates for proposed work windows. Railway and Contractor will establish mutually agreeable work windows for the project. Railway has the right at any time to revise or change the work windows due to train operations or service obligations. Railway will not be responsible for any additional costs or expenses resulting from a change in work windows. Additional costs or expenses resulting from a change in work windows shall be accounted for in Contractor's expenses for the project. Contractor and subcontractors must plan, schedule, coordinate and conduct all Contractor's work so as to not cause any delays to any trains. Exhibit C-1 WEST PRADO OVERHEAD — February 26, 2014 Page 7 of 8 Kindly acknowledge receipt of this letter by signing and returning to the Railway two original copies of this letter, which, upon execution by Railway, will constitute an Agreement between us. Contractor BNSF Railway Company By: By: Printed Name: Title: Contact Person: Address: City: State: Zip: Fax: Phone: E-mail: Name: Manager Public Projects Accepted and effective this day of 20. Exhibit C-1 WEST PRADO OVERHEAD — February 26, 2014 Page 8 of 8 EXHIBIT D The estimated cost of all railroad work for modification of the West Prado Overhead involving the demolition and widening of the West Prado Overhead and the demolition, widening, and reconstruction of the existing westbound Green River Road Off Ramp to accommodate the SR- 91 Corridor Improvement Project shall be included on Exhibit D attached to the West Porphyry Construction and Maintenance Agreement, WPCMA. Exhibit E BN RA/LWAY Date: Michael Blomquist Toll Program Director RIVERSIDE COUNTY TRANSPORTATION COMMISSION 480 Lemon Street, 3rd. Floor Riverside, CA. 92502-2208 Melvin Thomas Manager Public Projects BNSF Railway Company 740 East Carnegie Drive San Bernardino, CA 92408 (909) 386-4472 (office) (909) 831-8199 (cell) (909) 386-4479 (fax) Melvin.ThomasCilbnsf.com Re: Final Approval of Plans and Specifications dated by (consultant) (hereinafter called, the "Plans and Specifications") Dear Mr. Blomquist: This letter serves as BNSF RAILWAY COMPANY'S ("BNSF") final written approval of that portion of the Plans and Specifications covering the Project's concept for the modification of the West Prado Overhead (US DOT No. 026533K), involving the demolition and widening of the West Prado Overhead and the demolition, widening, and reconstruction of the existing westbound Green River Road Off Ramp to accommodate the SR-91 Corridor Improvement Project that will be constructed on or adjacent to BNSF's Rail Corridor. This final written approval is given to RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("RCTC") pursuant to Article III, Section 1 of that certain Construction and Maintenance Agreement between BNSF, STATE OF CALIFORNIA, and RCTC, which this Exhibit E is attached to and made a part thereof. If the Plans and Specifications are revised by RCTC subsequent to the date set forth above, this letter shall no longer serve as final written approval of the Plans and Specifications and RCTC must resubmit said Plans and Specifications to BNSF for final written approval. It is understood that the approvals contained in this letter do not cover, the approvals of plans and specifications for any falsework, shoring, and demolition that may be subsequently submitted to BNSF by RCTC or its contractor for approval. BNSF has not reviewed the design details or calculations for structural integrity or engineering accuracy. BNSF accepts no responsibility for errors or omissions in the design of the project. Respectfully, Melvin Thomas Manager Public Projects BNSF Railway Exhibit F BNSF Bridge Requirements BRIDGE DESIGN, PLANS & SPECIFICATIONS: Except for the design of temporary falsework and shoring, BNSF review of the Structure plans will be limited to the vertical and horizontal clearances, sight distance for existing train signals, foundation dimensions and drainage characteristics as they relate to existing and future tracks. BNSF will not review structural design calculations for the permanent Structure unless a member or members are influenced by railroad live loads. Temporary falsework and shoring plans and calculations must be reviewed and approved by BNSF prior to beginning construction. RCTC shall perform an independent review of the design calculations for temporary falsework and shoring prior to submitting them to BNSF for approval. Temporary construction clearances must be no less than 15 feet measured horizontally from the centerline of the nearest track and 21 feet-6inches measured vertically from the top of rail of the most elevated track to the bottom of lowest temporary falsework member. State regulatory agencies may have more restrictive requirements for temporary railroad clearances. For the permanent Structure, RCTC will submit plans showing the least horizontal distance from the centerline of existing and future tracks to the face of the nearest member of the proposed Structure. The location of the least horizontal distance must be accurately described such that BNSF can determine where it will occur in both the horizontal and vertical plane. . For the permanent Structure, RCTC will submit plans showing the least vertical clearance from top of paving to bottom the deck of the proposed Structure. Prior to beginning construction of the permanent Structure, the top of rail elevations should be checked and verified that they have not changed from the assumed elevations utilized for the design of the bridge. The general policy of the Burlington Northern and Santa Fe (BNSF) with regard to bridge and related crash wall construction is to follow the current recommendations of the American Railway Engineering and Maintenance -of -Way Association (AREMA) Current AREMA recommended practice in Manual for Railway Engineering Chapter 8 (Art. 2.1.5.1). RCTC shall require its Contractor to submit specifications for the Structure to BNSF for review and approval. Prior to issuing any invitation to bid on construction of the Structure, RCTC should conduct a pre -bid meeting where prospective Contractors have the opportunity to communicate with BNSF personnel regarding site specific train speeds, train density, and general safety requirements for men and equipment working near live tracks. BRIDGE CONSTRUCTION: Prior to the Contractor entering BNSF's railroad corridor or property, to begin construction of the Project RCTC shall conduct a pre -construction meeting with BNSF personnel in attendance to reiterate the safety requirements of construction activity adjacent to live tracks. During construction, BNSF may require an independent engineering inspector to be present during certain critical activities of the Project, including but not limited to: driving foundation piles, erecting falsework, construction of shoring and retaining walls, placing concrete, placing soil backfill and compaction processes. RCTC shall reimburse BNSF for all costs of supplemental inspection services. Within 90 days of the conclusion of the Project and final acceptance by BNSF and, RCTC will provide BNSF with a complete electronic set of the bridge plans. BNSF will also accept a marked up paper copy of the bridge plans labeled "As Built". The marked up paper copy of the plans will reflect any and all deviations from the original plans that occurred during construction. The electronic set of the bridge plans will be submitted in Micro Station *.dgn Form 0105 Rev. 4/07/08 Page 1 of 2 West Prado Overhead, Corona, CA. electronic format (preferred) or AutoCAD *.dwg format. Electronic plans are to be submitted in the original format used for CAD plan preparation and not converted to another format prior to submission. The "As Built" plans shall show actual measured "as constructed" clearances shall be shown as well as depth, size and location of all foundation components. The plans shall show dimensioned locations of existing and relocated utilities. It is understood that BNSF prefers to receive the "As Built" plans in an electronic format. BRIDGE MAINTENANCE: CITY will be responsible for maintenance and repair of the Structure including the earth retention components, embankment slopes, erosion control, surface drainage, fencing, deck drains, landscaping, paint, walkways, handrails, lighting, and other improvements associated with the Project. Fencing and other pedestrian access controls within BNSF's rail corridor and incorporated into the Project shall be designed and maintained by RCTC through construction. Trespasser control shall be the responsibility of RCTC through construction. Graffiti removal will be the responsibility of CITY. BRIDGE INSPECTION: CITY will conduct annual routine structural inspections. In the event of an earthquake, fire, flood, damage from vehicular impacts or other emergent situations, CITY will provide an immediate inspection by qualified personnel and notify BNSF of damage that may affect safe passage of trains. If necessary CITY will embargo weights or provide lane closures or other such measures to protect the structural integrity of the Structure such that there can be continuous safe passage of trains until repairs are made. BRIDGE ALTERATIONS: Except as provided otherwise by this Agreement, there will be no alterations made to the Structure that will alter the railroad vertical or horizontal clearances provided by the original design. It is expressly understood by RCTC and CITY that the right to install utilities is restricted to the placement of underground utilities beneath BNSF's tracks located a minimum of fifty (50) feet from abutments, piers, piles, or footings with the exception that upon BNSF's prior approval BNSF will permit selected utilities to be installed closer to the abutments, piers, piles, footings and/or run through the deck of the Structure. Under no circumstances will utilities be allowed to hang from the Structure. All utility crossings within the limits of BNSF's Rail Corridor will be covered by separate agreements between BNSF and each of the owners of the utilities. Page 2 of 2 West Prado Overhead, Corona, CA. Form 0105 Rev. 4/14/05 EXHIBIT G INSTRUCTIONS FOR PREPARATION OF DEMOLITION PLANS FOR STRUCTURES OVER THE BURLINGTON NORTHERN SANTA FE RAILROAD SECTION I. GENERAL A. The Conctractor will abide by and adhere to the requirements of the Exhibit C. Should there be a discrepancy between the requirements contained in the Exhibit C and this Exhibit G, the Exhibit C will govern. B. The Contractor's work shall in no way impede train operations. 1. The term "Overhead" refers to the structure to be demolished. 2. The words "demolition" and "removal" will be used interchangeably in this Exhibit G. 3. The term "Railroad" refers to the Railroad's Engineer or designated representative. C. Safety takes precedence over productivity. The Contractor shall be responsible for planning and executing all procedures necessary to remove the Overhead in a safe, predictable manner. All employees of the Contractor and Subcontractors must be Safety Trained. Refer to http:// www.BNSFContractor.com. D. The Contractor shall develop a Demolition Plan ONLY AFTER CONSULTING WITH THE RAILROAD TO GET AN ESTIMATE OF THE RANGE OF WORK WINDOWS THAT MIGHT NORMALLY BE AVAILABLE FOR THE JOB SITE. 1. A Work Window is the elapsed time between approaching trains. 2. An estimate of the availability of Work Windows can be used by the Contractor to design a Demolition Plan. The estimated Work Window is a guideline and not to be considered as a guarantee for available working time. 3. Work Windows will vary significantly, depending on the location. Low speed - low train density tracks have predictable Work Windows. The opposite is true for high density- high speed main tracks. The Railroad shall, at its sole discretion, furnish a range of Work Windows that might be expected at a specific location under normal train traffic conditions. 4. The Contractor shall plan the demolition procedures based upon the smallest ESTIMATED Work Window. Do not assume the longest Work Window will be available on any given day. Do not assume the same Work Windows will be available from one day to the next. 5. The Contractor will give BNSF's Project Engineer at telephone number 909-386-4079, eight (8) weeks advance notice of the proposed times and dates for Work Windows. BNSF and the contractor will establish mutually agreeable Work Windows for the Project. Any request for Work Windows with less than eight (8) weeks advance notice will have a reduced probability of approval. BNSF has the right at any time to revise or change the Work Windows, due to train operations or service obligations. BNSF will not be responsible for any additional costs and expenses resulting from a change in Work Windows. Additional costs and expenses resulting from a change in Work Windows shall be accounted for in the contractor's expenses for the Project. E. The Railroad's tracks and property shall be protected at all times. 1. Removal procedures shall take into account SEVERE WEATHER CONDITIONS, including high winds, heavy rains and snowfall accumulation. Page 1 of 12 Exhibit G Demolition Guidelines Nov.22, 2007 2. The contractor shall ensure that all areas adjacent to active tracks shall remain free from hazards. a) Trainmen must have an unobstructed walkway available parallel to all active tracks pursuant to the California Public Utilities Commission General Order 118. b) All open excavations shall be protected with fencing. c) Do not store materials or equipment within 25 feet of the centerline of an active track. 3. Protect the project area from vandalism. a) Do not leave debris where vandals could place it on the tracks or drop it onto the tracks from the Overhead. b) Secure all heavy equipment from potential movement by vandals. c) Do not store flammable materials on railroad right of way. Remove combustible waste materials daily. Do not store fuel or other flammable liquids on railroad right of way. F. All demolition materials and scrap shall be disposed of outside the Railroad right-of-way at no expense to the Railroad. At the conclusion of the project, the area must be left in a clean and graded condition to the exclusive satisfaction of the Railroad. G. No work is allowed within 25 feet of the nearest track unless protected by a Railroad Flagger. Refer to Exhibit C Section 1.05, Protection of Railway Facilities and Railway Flagger Services for additional flagging requirements. H. The staged demolition of any portion of the Overhead over or adjacent to operational tracks will not jeopardize the stability of other parts of the Overhead awaiting demolition. 1. Where multiple tracks are involved, the Demolition Plan should be engineered as much as practical such that no more than one track is rendered impassable at any given moment. I. No blasting will be permitted on Railroad's right-of-way. SECTION II. DEMOLITION PLAN A. The Contractor shall submit a detailed Demolition Plan to the Railroad. The Demolition Plan shall encompass the following: 1. Provide a scale drawing showing the plan view, elevation and location of the Overhead and locations of any access roads needed on railroad right of way to access the job site. The as -built drawings may be used for the submittal provided the removal steps are clearly marked and legible. 2. Indicate the position of all railroad tracks below the bridge. Identify each track as mainline, siding, spur, etc. Identify locations where temporary crossings will be installed to cross equipment over each track. 3. List in sequential order, all procedures necessary to remove the bridge in a safe and controlled manner. Include step by step details of each sequence and the elapsed time required to execute the sequence. The Demolition Plan must specify which, if any, sequences will render a track impassable to trains during execution of the sequence. If more than one track is adjacent to the work area, specify which tracks will be impassable during execution of each sequence. 4. Include text, drawings or photos to communicate the types of equipment that will be utilized. Include diagrams showing the position of the equipment in relation to the tracks. Where cranes are to be used, furnish the lifting capacities of the crane at the anticipated radius and the weights of components to be removed. Page 2 of 12 Exhibit G Demolition Guidelines Nov.22, 2007 5. For every sequence, specify the minimum horizontal clearance from centerline of track and the minimum vertical clearance above top of rail for equipment, falsework, rubble shields and temporary supports. If a crane is to be utilized, include clearances for the backswing radius of the crane counterweight and the position of the outriggers. Refer to the Frame Protection Details drawings, three sheets, attached hereto and made a part hereof, for the minimum allowable vertical and horizontal clearances. 6. If the Demolition Plan includes concrete demolition, include the details of rubble control such as maximum anticipated size of rubble, drop distance, shield size and shield position. 7. The Demolition Plan will indicate locations and types of temporary supports, shoring, cables or bracing required. a) Excavations and shoring design shall be according to the attached "GENERAL SHORING REQUIREMENTS" drawings, two pages, attached hereto and made a part hereof. b) Fassework shall be designed according to the State of California, Department of Transportation FALSEWORK MANUAL available at this Web Site: http://www.dot.ca.qov/hq/esc/construction/manuals/OSCCom pleteManuals/FalseworkManual(Rev32). pdf. c) Plans shall conform to the appropriate Federal, State and local regulations and building codes. 8. If any temporary supports interfere with the natural drainage along the Railroad right-of-way, a temporary drainage diversion plan shall be included in the Demolition Plan. The drainage plan shall route all surface water away from the railroad tracks. a) Do not block drainage in side ditches with debris. b) Do not place footing blocks in drainage ditches. c) Surface runoff must be diverted away from the footing block excavations to avoid saturation of the underlying supporting soils. 9. The Demolition Plan shall include details, limits, and locations of protective shields or other measures designed to protect the rails, ties and ballast from falling debris. Include details of catchment apparatus necessary to protect the tracks from rolling debris that may fall onto side slopes. Include the design load for the shields for both the maximum static load and the maximum anticipated impact loads from falling debris. Specify the type of equipment that will be utilized to remove the debris and shields from operational tracks. 10. Protection of the track ballast section must be provided to avoid contamination of the rock with fine dust and mud produced during demolition activities. Filter fabric or some other effective means to prevent ballast contamination should be incorporated into the Demolition Plan. 11. All overhead and underground utilities in the area affected by removal of the bridge shall be located on the drawings, including any fiber optic, railroad signal, and communication lines. 12. Indicate the limits of demolition of substructures, including depths and dimensions of excavations that might be necessary to demolish buried footings. 13. The Demolition Plan should include details of planned on -site fire suppression. B. The Contractor shall submit to the Railroad: three (3) complete sets of the Demolition Plan to BNSF's Director Bridge Engineering for review and comments. The Demolition Plan should be sent in PDF format for files up to (2) megabytes by email attachment to: Ron.Berry(abnsf.com. Should the Demolition Plan exceed a two (2) megabyte PDF file, a CD of the plans and specifications should be sent via overnight mail service to mailing address, 4515 Kansas Avenue, Kansas City, KS 66106. Page 3 of 12 Exhibit G Demolition Guidelines Nov.22, 2007 1. The Plan shall be sealed by a Civil or Structural Engineer registered in the state where the proposed demolition will take place. 2. A minimum of four (4) weeks shall be expected for the Railroad's review after the complete submittal is received. 3. No removal operations will be permitted over the Railroad right of way until the submitted material has been reviewed and approved. C. Approval and/or comments furnished by the Railroad in the course of review of the Contractor's Demolition Plan will not relieve the Contractor of the ultimate responsibility for the safe and secure demolition of the Overhead. SECTION III. PROCEDURE A. The Demolition Plan must be executed such that stability is continuously maintained for the standing portions of the Overhead over all tracks. 1. All members of the Overhead being demolished must be continuously supported to resist high winds, including wind buffets and suction forces generated by high speed trains. B. Prior to proceeding with bridge removal, the sealing Civil or Structural Engineer, or his authorized representative, shall inspect all components of the temporary support shoring, including temporary bracing and protective coverings, insuring conformity with the working drawings. 1. The sealing Engineer shall certify in writing to the Railroad that the work is in conformance with the drawings and that the materials and workmanship are satisfactory. 2. A copy of this certification shall be available at the job site at all times. C. All substructures shall be removed to at least six (6) feet below the final finished grade or at least six (6) feet below base of rail whichever is lower, unless otherwise specified by the Railroad. D. All debris and refuse shall be removed from the railroad right of way by the Contractor. The premises shall be left in a neat and presentable condition to the exclusive satisfaction of the Railroad. Soils contaminated by fuel spills, hydraulic oil leaks, etc. will be removed from railroad right of way and replaced to the exclusive satisfaction of the Railroad. E. If any hazardous materials are discovered, provide material protection as specified in local hazardous material codes and immediately contact the Railroad 1. If Contractor discovers any hazardous waste, hazardous substance, petroleum or other deleterious material, including but not limited to any non -containerized commodity or material, on or adjacent to Railway's Property, in or near any surface water, swamp, wetlands or waterways, while performing any work under this Agreement, Contractor must immediately: (a) notify the Railway's Resource Operations Center at 1(800) 832-5452, of such discovery: (b) take safeguards necessary to protect its employees, subcontractors, agents and/or third parties: and (c) exercise due care with respect to the release, including the taking of any appropriate measure to minimize the impact of such release. 2. If pipelines are attached to the Overhead, pipes must be purged of flammable or hazardous materials prior to beginning demolition. 3. Fuel spills, hydraulic fluid releases, equipment oil leaks or any other release of contaminants must be Page 4 of 12 Exhibit G Demolition Guidelines Nov.22, 2007 reported to the Railroad. Contaminated soils must be removed and replaced to the satisfaction of the Railroad and local regulatory agencies. F. The work progress shall be reviewed and logged by the Contractor's Engineer. Should an unplanned event occur, the Contractor shall inform the Railroad and submit a procedure to correct or remedy the occurrence. G. Beam removal and all other demolition procedures shall take place as much as practicable with equipment positioned adjacent to and clear of all live tracks or positioned on the Overhead structure above the track. In the rare case that beams require removal with equipment positioned fouling a live track or from below the Overhead, the following steps shall be taken before beams are allowed to straddle the tracks: 1. Certain territories with high density train traffic, especially where multiple main tracks are affected, may not grant Work Windows on all tracks simultaneously. Beam removal from the underside of Overheads may not be possible unless the procedure can be accomplished in very short Work Windows or be engineered such that only one track is affected. 2. The work shall be scheduled well in advance but no later than the requirements in Section 1, paragraph 5 of this Exhibit G. The Work windows are subject to the Railroad's operational requirements for continuous train operations. The beam removal plan must be engineered to minimize the Work Window time. 3. The rails, ties and ballast shall be protected. No equipment will be crossed over or placed on the tracks unless pre -approved by the Railroad. 4. The beams shall be blocked to prevent the beams from coming into contact with the rails. Blocking shall not be placed on the rails or ties. 5. Upon approach of a train, the beams and all personnel and equipment will be moved a position to provide a minimum of 15 feet horizontal clearance and 21 ft. 6 in. vertical clearance from the nearest rail. Care must be exercised to insure that crane booms are rotated to a position parallel with the track. SECTION IV. TRACK PROTECTION A. The track protective cover shall be constructed before beginning bridge removal work and will be supported by falsework or members of the existing Overhead. The following are examples of protective covers that may be acceptable: 1. A decking supported by the bridge or a suspended cover from the bridge above the track clearance envelope. 2. A track shield cover over the tracks per the attached detail. 3. A framed cover outside the track clearance envelope. 4. A catcher box or loader bucket under decking and parapets overhanging the exterior girders. 5. Protection of the track ballast section must be provided to avoid contamination of the rock with fine dust and mud produced during demolition activities. Filter fabric or some other effective means to prevent ballast contamination should be incorporated into the Demolition Plan. B. Construction equipment shall not be crossed over or placed on the tracks unless the rails, ties and ballast are protected against damage. 1. Track protection is required for all equipment including rubber tired equipment. Page 5 of 12 Exhibit G Demolition Guidelines Nov.22, 2007 2. A list of equipment to be crossed over or positioned on the tracks along with the intended method of protection shall be submitted to the railroad for approval prior to use at the job site. C. Temporary haul road crossings shall be either timbers or precast concrete panels. The type of crossing shall be determined by the Railroad. 1. Solid timbers or ballast with timber headers shall be used between multiple tracks. 2. If the job site is accessible to the public, all temporary haul road crossings shall be protected with barricades or locked gates when the Contractor is not actively working at the site. 3. Installation and removal of temporary track crossings for equipment shall be scheduled well in advance with the Railroad but no later than the requirements in Section 1, paragraph 5 of this Exhibit G. SECTION V. CRANES A. When cranes are operated over or adjacent to the tracks the following is required: 1. The Contractor shall verify that the foundations, soil conditions, and buried utility lines under the crane and crane outriggers can support the loads induced by the crane under an assumed maximum capacity lift. The size and material type of crane mats shall be rigid and of sufficient capacity to safely distribute the crane loads. 2. Front end loaders and backhoes cannot be used in place of a crane to lift materials over the tracks. These types of equipment do not have the necessary safety features built into the machines to circumvent overloading and tipping. Only cranes with the rated capacity to handle the loads may be used. 3. Additional track protection may be required for a crane when crossing over the track. The protection methods shall be submitted to the Railroad for review and comment well in advance of intended use. 4. Cranes and other equipment utilizing outriggers shall not place outriggers on the tracks or ballast. 5. Cranes or crane booms shall not be positioned within the track clearance envelope without Railroad Flagman protection. Cranes operating from a position farther than 25 ft. from the nearest track will need a Railroad Flagman present if the boom length is such that it could fall onto a track. 6. Upon approach of a train, the crane body shall be rotated to position the boom in a line parallel with the track. Any suspended load shall be made stationary by lowering it until contact is made with the ground. During passage of the train, the Crane Operator must stop all movements. Crane Operators shall remain in the cab with motor at idle with the load lines, boom, rotation and travel controls locked and stationary until the full length of the train has passed the job site. 7. Cranes will not be utilized during high winds. Page 6 of 12 Exhibit G Demolition Guidelines Nov.22, 2007 SECTION VI. CUTTING TORCHES A. When a cutting torch or welding equipment is used in the demolition process, the following steps shall be taken: 1. Fire suppression equipment is required on -site. 2. Do not use a torch over, between, or adjacent to the tracks unless a steel plate protective cover is used to shield against sparks and slag coming into contact with timber ties. Care shall be taken to make certain the use of a steel plate does not come in contact with the rails. See "Track Shield Details" for other requirements. Details of the shield shall be submitted to the Railroad for approval. 3. Wet the ties below the steel plate and wet other timbers and flammable demolition debris located near cutting areas. 4. Monitor the work site for at least three hours after cutting has ceased to detect a smoldering fire. B. Extensive overhead cutting may require more robust fire suppression equipment and precautions than what would normally be required for routine cuts. 1. On days when extensive torch cutting is planned, the Contractor shall have a larger water supply on hand or take other measures as needed to effectively suppress fires. 2. Overhead torch cutting and welding must cease upon approach and passage of a train. 3. Extensive torch cutting shall not take place during high winds. 4. Contractor will clear vegetation and other combustible debris from the surrounding work areas prior to engaging in extensive torch cutting. SECTION VII. UTILITIES A. The demolition operations shall be planned such that overhead and underground utility lines are operating safely at all times. The utility lines shall be protected if affected by demolition operations. Underground utility lines shall be protected from concentrated soil loads under crane outriggers and heavy rubber tired front loaders or similar equipment. All the work associated with utility lines should be coordinated by the contractor with the respective utility companies. Page 7 of 12 Exhibit G Demolition Guidelines Nov.22, 2007 LOOZ 'ZZ'AoN sauilapm9 uoi3 pwaa J mgx3 Z6 Jo g °Bed T 3anoid s 40 c nuel TaInu rand msla MEMO! wan WIPE MI S1N3WAM10311 MMHG 1V11300 SOWONd1S 300tae 4.a :lire SLN3W3HI(103t! dHSO H1IM AldWOD 01 DNIHOHS f SLf1D ONIdOIS ON) `3NOZ SIHl NI NOI1HAd0X3 HOA O311IW83d 39 11IM NIHOHS -MIMI% WINO smuirmxilmsiole MINOWNu MIMMo AM M 3; MONO MM ae mom w misiorme M 8 3NOZ S1N3W38InD3H dHSO H1IM AidWOD 01 ONIHOHS 51990C '3.3 uudn 110NU0d i / / , / 2/ 5 ittidliene MUM �yl (31dDS 01 ION ) '03W80383d 39 11IM N80M 3H1 3H3HA 31d1S 3Hl N] 03831SIO3H 6133NION3 1VNO]SS3106d d AO 03dWb1S ONV CONKS 38 ism SNO[lfi m-Ivo ONH SNtlld 'SNOI1d1091U1 NOIS30 10 03]NWW000d 30 11dHS SNNId ONINOHS°S HO d 3NOZ 01NC H3H081N3 831H/1 SNOUVAH3X3 80A '1N1110.8 AMOIMML N11A 13N113WD H1IM Ald803 01 W31SAS ONIHOHS ABtlHOdW31 3H1 30 NOIS30 'SNtlld 03A0Hddn 3H1 83d W31SAS ONCHOHS AHHH0d831 3H1 11V1SNI 11VHS HOlOVEIN03 3141 ' 3-1d0S 'OHO:IOW ONIHOHS NOI13310Hd NNW 381 d0 1N3183 ONH 314O1VN 3H1 ONI1VOCONI SNtlld 031]V130 OV081IV8 3H1 A8 1008d0 80A S3NOZ NOILVAV3X3 1aa3N39 083 83d000 10V01 3A I l OV0811141 3180I1c1d10 °d 3NOZ NI NOIlbAdDX3 80 d SOV01 OHdONd1S dHSO 01 NOIlIOOd NI 308aHJWIS OV01 3AI1 OdOHlId8 80d 03NOIS30 38 15f1W ONIHOHS .1 _ =�o ©z F?drn coo c� 1i 3NOZ �— ON1HOHS d 31‘102 z�m NOI1dAd�x3 3NI1 ONf10a0 33dWtiS S°I .9-,1 3IaIl d0 3Sb8 1i6-,L H3H10 .9-,ZI NOQHl 3NI3 NIbW .9-,5I .0-,ZI 0311I1,483d NOIIVAa0X3 NOIldAUMG ON O'd81 = 17W80S 11VHS 8012VEN00 3141 'MOM INV 9NION3WW00 01 80I8d 'NOV81 30 • 01 010010N3d83d 038NSV3N 38V SNOISN3NI0 11V 4310N 1W3N30 LOOZ 'ZZ'AoN sau((apm9 uomiowea 0 myx3 31. 40 g abed z aanoi� 0 JO 291131 I 1@9WIt .•.lr�1v 131201 Wan ROOM ave, S1N31438 r1038 0NIa0HS 1da3N30 SOmmlis ON I UDHS 300I88 sllpa 1110 111s wawa IIr1N81r pi �m�1as !N as asmel soul/ NM led us IIs1 (31HOS 01 ION) =31VOS NVld rollrsiaslo MUM 5338030 NI NOI1018J 1VN831N] d0 31ONV 3H1 SIO t 9b 1 aNVl - BSI 383HA 0 yN • Sd 'NOI1tlf103 ONIR0110d 3H1 ONISo 0 anolaO 38 Nb3 031SAS ONIaDHS 3H1 Dl 311111 MOM V 1V NOVH1 80A ONIOVDI 083 01 3f10 3HOSS38d OV01 3AI1 ,Z 35b3 Z { 6 = -''SNVIOV8 NI 0380Sa3W S3lONV 38V V ONa Kl V IIX3Z) 303 g NIS - d ] I - Sd 1WUD3 1831VAI003 ONIA01103 3H1 O1NI 03IJIldW]S 38 NdO NOIld003 3A08V 3H1 I =SOO g HIS - X}aNIS d NIS + d - Sd 'NOI1a1103 OVD1 dI813 033NISS008 3H1 ONIsn 031a1o31V3 SI W31SAS ONIHOHS D1 1311MikiNDVN1 803 ONIOV01 083 01 3no 'Sd 3HOSS38d OV01 3h11 1a1131V1 11 ARO (01)5 } 000' 8l BBA08 0 '311033a3H1 • 'H + 3I1 d0 H10N31 = 03 0C H HOd 3Sd 81L'f (1333 6)(08 6} 81 000,- 0 '300d3113H1 13I1 d0 H10031 = 01 0 ='H aD3 AB 15A01103 SH 031d10OldO 30 1105 0Nd OV01 3AIl OV0811V8 083 01 300 OV01 dIE15 3D AlISN31NI 3H1 SI 0 133d 6 SI 3I1 3O H1ON31 141d30 1N3W038113 Wl1WINIW 3H1 SI dZ '3NI1 300380 A0130 100A 3N0 01 ONI8OHS 30 801 WO83 SI 0 '9NIHOHS AD 3OVA 3H1 01 N3HH1 AO 3NI1831N30 WOH3 HVI1J10N3dH3d 33NV1SI0 d SI 5 'NOI1CO3 0S3NISS108 3H1 H1IA 03101dA3 ONI30 1NIOd 1D H1d30 3H1 S[`H 'ONINOHS 3O d01 3H1 01 3I1 d0 W01108 3H1 HOU 1H0I3H 3H1 SI `H '' H Sold 3I1 d0 H10N31 3H1 SI 01 '01 HAIA NO71f18Ia1SIO tl NO 035V0 3B 1105 0 380SS3ad 1VOI183A ( 31ti0S Ol 10N ) =31d7S OV01 0B3 811003 .5 .S ,9 Hit oo OU UUUU 1D03 aa3N[l N N N N @ CO @ @ 83d Sd[N 8 A x A A A x v v -o -a v "0 'CI -0U7 UI U7 Uf y U1 Uf fn B v y .9 .S ,9 /O0 OO N V1 N N N N N U) ;9 CJ @ a N :9 :9 UUU B N 03 x ;i N ria x -v Vs LOOZ 'ZZ•AoN saullapmO uol;lloulaa 9 wmix3 £ 30 1 :133HS LOOZ 'Ll 8380100 :3IVO SlIV130 NO1103108d 311Vdi NO111101130 ,of YAW 7/Yde Z L Jo 01• abed 11V130 30 30IS 83810 NOW NOISN31110 'NIA 3Sn OV08 5530DV ON 31 'NVN9V13 V S3810038 NOV81 V 3D 11V8 1S38V38 31-11 30 133J 9Z NIHIIM AIIA1101/ ANV '9 / 11V8 dd01 (L 310N 33S ' 03d 111038 NO I SS I Wd3d 1V 103dS ) NOI1031088 3141V83 80.E NOI1031088 30 S1I11I1 'coINIW NOI1VA313 300I89 avoa s53DDv -\ I I '81W „0-,Z1, NIW „0-,Zl I 'S18830 0811108 30 S3031d 308V1 d01S 01 03810038 Stl S8381111 3Sn '83110 80 OV08 SS300V 'N0V81 0180 0811108 1,108J S18830 183A38d 01 18311d1003 8011110W30 A9 a3Sn SOV08 01 1830VfOV ONV S3dOlS 301S 381 30 3SV8 381 038 03810038 SI 801103108d S18830 '9 '0V081IV8 381 83A0 samionals 80J ltlnNVW N80M3S1Vd SNV811V0 H11M 33NV08000V NI ONV 'S0V01 NO111101430 031Vd1011NV 381 180ddnS 01 MINI:11800 381 A9 03891S30 38 IIVHS 311tl8d 381 'SNIV81 80 OV08 5S300V 'SNOV81 OV0811V8 381 0181 98111V3 N08d 1V183IVN 381J ONV 15n0 'S18930 NO111101430 1N3A38d IIVHS 3NV83 801103108d 381 'b 'S1181103 10V81800 01 83d38 8011V1180381 801133108d ONV 30NV8V310 101011100V 803 '£ '133HS NVld 80111101130 031-13V11V 381 NO NM01-15 Stl 11101M 300189 381 1SVd ON31X3 ONV NMOHS SEAM NO111101130 381 HO1VN AnAININ V Stl IIVHS 311V83 801103108d 381 'Z 'A0839V DllBnd ONV OV0811V8 381 NOW 03810038 SI S3ONV8V310 0300038 381 803 NOISSIN83d 1V103dS '0V0811V8 381 A8 03M011V 39 AVW 031DN S3ONV8V310 0300038 381 '0V0811V8 3111 N083 NOISSIN83d 1VI03dS 1nOH11M 03M011V S308V8V310 '811,1 381 38V 03108 801103108d 30 S111111 08VONVIS 3H1 'I 1'dA11 801103108d NOV81 AO S11NI1 NOV81 30 's z NOV81 30 1S 3108 335 ' 'dA1l 801133108d S18830 NO11031088 3WV83 803 NO11031088 30 SlI11I1 08VONV1S SNOI1VA313 300I89 a 11V8 d0 d01 N W 1 'NIN „0-,8I °l s � Iz *OV08 SS330V I i I H 'NIW „0-,9Z IS 3108 33S ' 'dA11 801103108d S18030 I'dA11 NO 103108d NOV81 30 S111411 NOV81 JO $ NOV81 JO 'dAl „0-,b LOOZ `ZZA0N sau1 oPPO uoB11owea op.pc3 f JO Z :ADS LOOZ 'Lt 83901M :300 S l I VI30 NO I 10310dd 3wddd NOI1I101130 A' 11'.41 7/ O'er ....z/S"/Vs Z L b0 6 6 86ed 301S 831410 WOaj NOISN38I0 'NIW 3511 '0V08 SS303V ON 3ICIE NOI103108d d0 SlIWII 02idONd1S N0I103S SSOdO N330 300Id9 IIV8 JO d01 ('dA1) N01103108d N3V81 JO SlIW11-! — ---- 'NUN I I LA330 300I80 'NIW „0-,OL 'N01103108d 10 S11811 WfIWINIW '8010A313 300I80 33S 'S801583110 801103108d 30 S11811 'NUM 801 'NMOHS 38V NOI133108d 30 SlINIII MUNV1S 'Z '133HS 8010A313 300I80 NO S3108 11/83830 33S 'L :S310N x NOI103102:1d 302:1d 2:10d N0I10310ad d0 S1IWI1 OddONd1S ('dAll 801133108d NOV81 JO S1114I1 Ndld 300I d0 M0130 NOV8i JO M0130 N3VH1 JO \--- OV08 SS333V 1E LOOZ `ZZ'AaN saupapmD uoNowad 9;ignax3 E JD E :133HS LOOZ 'Ll 8390130 :31V0 1I d130 013I HS N3VE NOI 1 I 10W30 A PAW Jr m ..=/%0"111/ASIF lldl30 ONIN3019 >� 0131HS X3V81 J N I+ ZL do Zl a6ed 'S3I1 313801400 801 0381n038 38V SlIVI30 IV103dS 'S3I1 838WI1 80d AlddV NMOHS SlIV130 'It '511V8 N33M139 180HS V A8 031dn8S10 39 111M ONV S11V8 3H1 H0n08H1 1N3S 38V NOI1V01N001100 OV0811V8 'SlIV8 X3011 3H1 SS083V 1V13W 33V1d 10N 01 N3XV1 38 IIVHS 38V3 '01 'S1VI831104 31.1Id A9 NOIIVNIWtl1NO3 15V11V9 1N3A38d 01 035n 38 1WHS 83188V9 0189V1030 '30V80 1VN10180 01 NM00 ONV iltl8 1S38tl3N 3H1 HOU „0-,01 30 WnWINIW V 01 A13131dW03 03A01138 39 IIVHS 3188n8 3H1 'AVG 3H1 d0 ON3 3H1 1V '6 '108 30 d01 3H1 NVH1 83140111 ON NOI1VA313 NV 01 ONV 11118 1S38V3N 3H1 W08d „9-,9 JO NnWINIW V 01 03A01138 38 IIVHS Tana 3H1 '39VSSVd HIM 803 1 '0380HONV 39 IIVHS S838MIl ONINIV1438 '01311-1S 3141 01 03H3V11V 38 AVM 0131HS 3H1 AO W01109 3H1 01 11V8 d0 d01 3H1 MOW ONIX0018 '03A01138 SI 0131HS 3H1 N311111 11V8 d0 d01 3H1 3A09V ON31X3 ION 11VHS 01318S 3H1 80d S8381411 180ddnS 1VN10ni1'31401 '300189 3H1 30 3003 3H1 01 3S83ASNV81 N011110M30 d0 S11W11 3H1 ON0A39 1331 OZ 1SV31 1V ON31X3 IIVHS 01318S X3V81 3H1 '9 'NOIIVNIWV1NO3 1N3A38d 01 NOUNS 1SV11V8 3H1 3N11 11VHS 3188Vd030 '1V1831VM 3NId ONV 518930 IIV JO 03NV310 39 IIVHS 0131HS 3H1 1VA0W38 380.139 'S '319008 ONIdd080 ONV1SH11M D1 ONV SlitlB 3H1 NOdn ON18V39 1110H11M S180ddnS S,11 N33M138 NVdS 01 H1ON381S 1N3131JPS JO 39 IIVHS 01318S 3H1 'IVAON38 AilldMIS 01 SXOOH ONI1lll H1IM 0311SIN8nj ONV 031V0188Vi38d 38 IIVHS 031HS 3H1 '£ 'NNE 3H1 NOdn NMOO ONI1dIS W08d S18830 80 S1V1831VW 3NId 1N3A38d 01 A8VSS303N SV 03HSIN80d 38 IIVHS S1V1831VW 3D S83AV1 1VN011100V 'X3V81 OV08108 3H1 O1N0 ONI11Vd HOU S18830 80 1N3MdI1103 ONV S1V1831VW 1N3A38d IIVHS 0131HS 3H1 '38010Nnd ONV DUNI ONIOn13N1 'SOV01 031Vd1311NV 3H1 180ddnS 01 1110N381S 1N31011J0S d0 39 IIVHS ONV 8010V81N00 3H1 A9 03NOIS30 39 11VHS 0131HS NOV81 3H1 'Z '0131HS X0V81 V 10 35n 3H1 % ma S31411 11V IV 03811103U SI NtlW Otlld V 'l t319v1IVAV SI MOONIM 3WI1 NOV81 N3HM1 1VA014138 N030 300I89 11083 ONI11d3 SIa930 80J 1Id130 013IHS NOV81 IS310N 33S1 1SV11V8 (S310N 33S1 I'd/11 S838W11 // 180ddnS 1VNI0n110N01 X3V81 IS310N 33S1 0131HS X3tl81 1'NINI „0-,S NOV81 10 11 ZOO oy m m m m N m r O mn z, z 1'NIWI :ShON (iVn03 03A08ddV 801 X3V81 10 301S HOV3 3188Vd ON1833N19N3 Still ONOONVdS V81A381 PS OMAS EXHIBIT H LEGAL DESCRIPTION Caltrans Parcel No. 22092-3 Temporary Construction License APN 101-130-080, 101-140-035 In the City of Corona, County of Riverside, State of California, being portions of Tract Nos. "A", "H", "I" and "A.B. No. 4" of the map of the partition of the Maria Jesus Y. De Scully Estate, as per map filed in Case No. 7939, in the Superior Court of the State of California, in and for the County of Riverside, a certified copy of the decree of said case being recorded in Book 637, Page 432 of Deeds, Records of said County, described as follows: Beginning at the northeasterly terminus of that certain course in the westerly line of the land described as Parcel 3 of Easement from the Atchison, Topeka and Santa Fe Railway Company to the State of California recorded March 4, 1981 as Instrument No. 38035 of Official Records of said County recited as having a bearing and distance of "South 68°22'45" West 281.47 feet"; thence along said westerly line South 68°21'59" West 16.55 feet to a point thereon, said point also being a point on the southerly line of the land described in the Grant Deed from the Atchison, Topeka and Santa Fe Railway Company to the State of California recorded April 26, 1988 as Instrument No. 109636 of Official Records of said County; thence along said southerly line the following three (3) courses: 1) South 81°47'17" West 67.34 feet; 2) North 86°16'26" West 304.09 feet; 3) North 86°41'48" West 164.60 feet to a point thereon, said point being the beginning of a non -tangent curve concave southeasterly having a radius of 846.00 feet, a radial line to said point bears North 23°53'32" West; thence leaving said southerly line southwesterly along said curve 166.67 feet through a central angle of 11 ° 17' 17" to a point, said point being the beginning of a non -tangent MA2PTG0105011SURV EY\LEGALS\22092_APN_101-130-080_AT&SRL.EGALS\22092-3. doc 1/13/2014 Page 1 of 3 PS OMAS curve concave southerly having a radius of 3,738.56 feet, a radial line to said point bears North 00°42'06" East; thence westerly along said curve 947.32 feet through a central angle of 14°31'06" to a point on the northwesterly continuation of the southwesterly line of Parcel 5 as said parcel is shown on Parcel Map No. 23653, as filed in Book 163 of Parcel Maps, Pages 54 to 55, Records of said County, said point also being the beginning of a non -tangent curve concave northeasterly having a radius of 300.00 feet, a radial line to said point bears South 69°52'47" West; thence southeasterly along said northwesterly continuation and said curve 120.00 feet through a central angle of 22°55'05" to the most westerly corner of said Parcel 5, said point being on the westerly continuation of the southerly line of said Parcel 3, said point also being the beginning of a non -tangent curve concave southerly having a radius of 3,669.83 feet, a radial line to said point bears North 12°47'48" West; thence easterly along said westerly continuation, the southerly line of said Parcel 3, and said curve 979.15 feet through a central angle of 15°17'14" to a point on last said southerly line; thence leaving last said southerly line North 74°09'22" East 158.98 feet to the northerly terminus of that certain course recited in said Instrument No. 38035 as being "North 03°40'39" East 50.00" in the southerly line of said Parcel 3; thence South 86°20'07" East 419.82 feet along last said southerly line to a point thereon; thence North 63°25'52" East 102.08 feet; thence South 86°18'42" East 227.29 feet to the beginning of a curve concave southerly and having a radius of 490.00 feet; thence southeasterly along said curve 118.07 feet through a central angle of 13°48'20" to the beginning of a reverse curve concave northerly having a radius of 760.00 feet; thence easterly along said curve 236.68 feet through a central angle of 17°50'34"; thence North 89°39'04" East 305.04 feet; thence South 86°11'06" East 172.47 feet; thence South 02°14'46" East 38.04 feet to a point on the easterly prolongation of the southerly line of said Parcel 3; thence South 86°20'07" East 20.11 feet along said easterly prolongation to a point thereon; thence North 02° 14'46" West 58.10 feet; thence North 86° 11'06" West 191.18 feet; thence South 89°39'04" West 305.77 feet to the beginning of a curve concave northerly having a radius of 740.00 feet; thence westerly along said curve 230.45 feet through a central angle of 17°50'34" to the beginning of a reverse curve concave southerly having a radius of 510.00 feet; thence westerly along said curve 122.89 feet through a central angle of 13°48'20"; thence North 86°18'42" West 191.65 feet; thence MA2PTG010501\SURVEYILEGALS\22092_APN_101-130-080_AT&SF\LEGALS122092-3.doc 1/13/2014 Page 2 of 3 PS OMAS North 64°56'49" East 69.43 feet; thence North 65°46'02" East 57.01 feet; thence North 66°36'51" East 95.90 feet to a point on the northerly line of said Parcel 3; thence North 86°20'07" West 305.13 feet along said northerly line to the Point of Beginning. Containing 263,480 square feet. See Exhibit HI attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. Prepared under the direction of ZZlevd Brian E. Bullock, PLS 5260 Date l-/Y-/¢ M:12PTG01050 I \ SURVEY \LEGALS\22092_APN_101-130-080_AT&SF\LEGALS\22092-3.doc 1113/2014 Page 3 of 3 EXHIBIT 111 INDEX PARCEL 22092-3 SEE SHEET 2 i PARCEL 22092-3 SEE SHEET 3 9- LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( )Title to State 1 1 1 1 1 Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. 22092-3 TEMPORARY CONSTRUCTION LICENSE I FEET 0 300 600 1200 1800 PREPARED BY: PSOMAS DATE: 02-14-13 REV.: 01-13-14 EA: FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 3 Hutton Centre Drive, Ste. 200 Santa Ano, California 92707 (714)751-7373/(714)54S-8883 (Fax) 8 RIV 91 1 3 EXHIBIT H1 PARCEL# TITLE AREA APN 22092-3 TCL 263,480 SOFT. 1 01 -1 30-080 & 1 01 -1 40-035 CURVE DATA LINE TABLE DELTA RADIUS LENGTH BEARINGS DISTANCES C1 22°55'05" 300.00' 120.00' L1 N74°09122"E 158.98' C2 15°17'14" 3669.83'979.15' L2 S86°20'07"E 419.82' C7 1 1 ° 1 7'1 7" 846.00' 166.67' L1 9 N86° 16'26"W 304.09' C8 14°31'06" 3738.56' 947.32' L20 N86°41'48"W 164.60' SOUTHERLY LINE OF N1 3°49'00"W(R) R=3738.56' INST. NO. 109636, O.R. 569 52'47"W(R) R=300.00' N23°53'32"W(R) N35°10'49"W(R) R=846.00' NOO°42'06"E(R) R=3738.56' PRADp Rpq p INST NO. 109636, O.R. - L 2 0 rrt AT & SF R.R. R/W L 19 ._._, PG. 432 Dds. PCL NO. 3 BK. 6�g, INST NO. 38035, O.R. i— w (22092- 3) v) C2 /54-55 ?' ROAD NO2°29'25"E(R) L2 a Lii Vn r.,RDE1. • c<, ��", 4 V S46°57'42"W(R) R=300.00' , 11/D 4.) SOUTHERLY LINE OF �) P� PCL 3, INST. �p�©' NO. 38035, O.R. ��S gN 5� F C) G 1 �\ ,��1P 4) 0\ ��¢t�� N12°47'48"W(R) R=3669.83' n (Z\ LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing 1 ( ) Title to State a� ..",,, Access Prohibited NOTES ((�� (► Coordinates and bearings are on. CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain 2 2 V 9 2, 3 TEMPORARY CONSTRUCTION LICENSE ground distances. All distances are in feet unless otherwise noted. I pmmEmm, immommommmi FEET 0 100 200 400 600 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Sento P14)751n 7373/(714)545-8883 (Fax) DATE: 02-14-13 REV.: 01-13-14 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 1. 1 2 3 EXHIBIT H1 PARCEL# TITLE AREA APN 22092-3 TCL 263,480 SOFT, 101 -1 30-080 & 101 -1 40-035 W LLJ v7 w w v) INS. NO. 109636, O.R. P.O.B. L3 NORTHERLY LINE OF PCL 3, INST. NO. 38035, O.R. SOUTHERLY LINE OF PCL 3, INST. N0, 38035, O.R. RS J29//9 6)- ROO 65 22092-3 CURVE DATA DELTA RADIUS LENGTH C3 13°48'20" 490.00' 118.07' C4 1 7° 50'34" 760.00' 236.68' C5 1 7° 50'34" 740.00' 230.45' C6 13°48'20" 510,00' 122.89' LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( )Title to State „ Access Prohibited RIvER-s'° s 6 9r 1 nE � RIA� Rou FREEW L2 L3 L4 L5 L6 L7 L8 AT e SF P.R. R/W BK. 637, PG, 432 Dds, 20.00' L10 LINE TABLE BEARINGS S86° 20'07"E N63° 25'52"E S86° 1 8'42"E N89° 39'04 "E S86° 1 1 '06"E S02° 1 4'46"E S86° 20'07"E L9 DISTANCES 41 9,82' 1 02.08' 227.29' 305.04' 1 72.47' 38.04' 20.11' L9 NO2° 1 4'46"W 58,1 0' L10 N86°11'06"W 191 .1 8' L11 S89° 39'04 "W 305.77' L12 N86° 1 8'42"W 191 .65' L13 N64°56'49"E 69.43' L14 N65° 46'02"E 57,01' L15 N66°36'51"E 95.90' L16 N86° 20'07"W 305.1 3' L17 S68° 21 '59"W 1 6.55' L18 S81 ° 47'1 7"W 67,34' L19 N86° 1 6'26"W 304.09' NOTES Coordinates and bearings are on CCS 1983(2007,00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. 22092-3 TEMPORARY CONSTRUCTION LICENSE 1 FEET 0 100 200 400 600 PREPARED BY: PS O M A S DATE: 02-14-13 REV.: 01-13-14 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 3 Hutton Centre Drive, Ste, 200 Santo Ana, California 92707 (714)751-7373/(714)545-9883 (Fax) 8 RIV 91 3 3 ATTACHMENT 4 EAST PRADO OVERHEAD CONSTRUCTION and MAINTENANCE AGREEMENT BNSF Agreement No. BF-1000XXXX STATE Contract No. 08R188 RCTC Agreement No. 14-31-113-00 East Prado Overhead, STATE Bridge No. 56-0637 DOT No. 026532D San Bernardino Subdivision LS 7602 MP 27.92 This Agreement ("Agreement"), is executed to be effective as of this day of , 201_ ("Effective Date"), by and between BNSF RAILWAY COMPANY, a Delaware corporation ("BNSF"), the STATE OF CALIFORNIA, acting through the Department of Transportation, hereinafter referred to as ("STATE"), and the RIVERSIDE COUNTY TRANSPORTATION COMMISSION hereinafter referred to as ("RCTC"), a public entity of the State of California, hereinafter referred to as ("Parties"). RECITALS: WHEREAS, BNSF owns and operates a line of railroad in and through the City of Corona, County of Riverside, State of California, hereinafter referred to as ("Rail Corridor"); WHEREAS, STATE and The Atchison, Topeka and Santa Fe Railway Company, predecessor in interest to BNSF, hereinafter referred to as ("Santa Fe"), entered into an agreement dated April 27, 1970; carried in BNSF's records as Contract No. 133559, ("Original Agreement") which provided for the construction and maintenance of two STATE Route 91 grade separation structures known as the East Prado Overhead, DOT No. 026532D, and the West Prado Overhead, DOT No. 026533K, as well as the construction of a drainage facility known as the Wardlow Wash over and across BNSF's Rail Corridor, and over its tracks; WHEREAS, the Original Agreement was supplemented on April 1, 1991 to provide for the construction of HOV Lanes in the median areas on both overheads; WHEREAS, the Original Agreement was further supplemented on March 4, 1997 to provide for the seismic retrofitting of both overheads; WHEREAS, RCTC has adopted a project to extend the existing tolled express lanes on STATE Route 91 between the Riverside/Orange County line and Interstate Highway 1-15 ("SR-91 Corridor Improvement Project"); WHEREAS, the SR-91 Corridor Improvement Project will involve the modification of four existing overheads, that cross BNSF's Rail Corridor: East Porphyry Overhead (1-15) DOT No. 026595H, West Porphyry Overhead (Temescal) DOT No. 026522X, East Prado Overhead DOT No. 026532D, and West Prado Overhead DOT No. 026533K, and the shortening of BNSF's Monster Lead Track No. 4365; WHEREAS, the Chino section of the Elsinore Fault Zone crosses the East Prado Overhead site. Catcher Bents will be constructed as a part of the modification of the East Prado Overhead to protect for a seismic event; WHEREAS, RCTC and STATE desire to proceed with construction involving the modification of the East Prado Overhead, providing for its partial demolition, widening, construction of express lanes, as well as Page 1 of 17 East Prado Overhead C&M Agreement April 17, 2014 the construction of the Catcher Bents, hereinafter referred to as ("STRUCTURE") to accommodate the SR-91 Corridor Improvement Project; ; WHEREAS, RCTC will fund the cost to design and construct the SR-91 Corridor Improvement Project using a design build contractor ("Contractor"); WHEREAS, the Parties have entered into an agreement dated in connection with the modification of the West Porphyry Overhead ("WPCMA"); WHEREAS, the WPCMA provides for the invoicing of the costs of the railroad work performed by BNSF and the reimbursement to BNSF of such costs in connection with the modification of all four of the overheads which are part of the SR-91 Corridor Improvement Project; WHEREAS, STATE is the owner of STATE Route 91, Interstate Highway 1-15, and the STATE Highway System; WHEREAS, RCTC and STATE have entered into Cooperative Agreement No. 08-1468 dated July 25, 2012, permitting RCTC to acquire property on behalf of STATE and to design and construct the SR-91 Corridor Improvement Project; WHEREAS, upon completion and acceptance of the SR-91 Corridor Improvement Project by STATE, STATE will thereafter own and maintain all highway improvements made by RCTC under this Agreement; WHEREAS, pursuant to this Agreement, RCTC will acquire from BNSF a Temporary Construction License; and WHEREAS, pursuant to this Agreement, RCTC will acquire a permanent easement ("Easement"), on behalf of the STATE, as required for the SR-91 Corridor Improvement Project. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the Parties contained herein, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: ARTICLE 1— SCOPE OF WORK 1. The term "Project" as used herein includes any and all work related to, the modification of the STRUCTURE, more particularly described and depicted on Exhibit A, which is attached hereto and incorporated herein, including but not limited to, the construction of the Catcher Bents, any and all changes to telephone, telegraph, signal and electrical lines, other utilities and appurtenances, alterations to or new construction of drainage facilities, preliminary and construction engineering, construction management, and contract preparation. Additionally, temporary controls during construction must be in compliance with Section 8A-08, "Temporary Traffic Control Zones" of the Manual of Uniform Traffic Control Devices ("MUTCD"), U.S. Department of Transportation. ARTICLE II — BNSF OBLIGATIONS In consideration of the covenants of RCTC and STATE set forth herein and the faithful performance thereof, BNSF agrees as follows: 1. Upon RCTC's payment to BNSF of an administration fee in the sum of Two Thousand and No/100 Dollars ($2,000.00) and the payment of X000( and No/100 Dollars ($00,000.00) as compensation for a temporary construction license fee, BNSF hereby grants to RCTC, its successors and assigns, upon and subject to the terms and conditions set forth in this Agreement, a temporary non-exclusive license (hereinafter called, "Temporary Construction License") to construct the Project across or upon the portion of BNSF's Rail Corridor as described further in the Legal Description, Exhibit H and shown on Parcel Map Page 2 of 17 East Prado Overhead C&M Agreement April 17, 2014 Exhibit H1, excepting and reserving BNSF's rights, and the rights of any others who have obtained, or may obtain, permission or authority from BNSF, to do the following: (a) Operate, maintain, renew and/or relocate any and all existing railroad track or tracks, wires, pipelines and other facilities of like character upon, over or under the surface of said Rail Corridor; (b) Construct, operate, maintain, renew and/or relocate upon said Rail Corridor, without limitation, such facilities as BNSF may from time to time deem appropriate, provided such additional facilities do not materially interfere with RCTC's construction of the Project; (c) Otherwise use or operate the Rail Corridor as BNSF may from time to time deem appropriate, provided such use or operations does not materially interfere with STATE's use of the STRUCTURE; (d) Require RCTC or its Contractor to execute a Temporary Construction Crossing Agreement, for any temporary crossing requested to aid in the construction of the Project. The term of the Temporary Construction License shall begin on the Notice to Commence Construction date as set forth hereinafter in Article III, Section 15 and ends on the earlier of (i) substantial completion of the Project, or (ii) Thirty Six (36) months following the Notice to Commence Construction. The Temporary Construction License and related rights to be given by BNSF to RCTC shall be without warranty of title of any kind, express or implied, and no covenant of warranty of title will be implied from the use of any word or words therein contained. The Temporary Construction License shall be for the construction of the Project and for no other purpose. In the event STATE or RCTC is evicted by anyone owning, or claiming title to or any interest in said Rail Corridor, BNSF will not be liable to STATE or RCTC for any damages, losses or any expenses of any nature whatsoever. BNSF shall not grant similar rights to others, subsequent to the date of this Agreement, that impair or interfere with the rights granted to RCTC pursuant to the Temporary Construction License. 2. RCTC shall pay to BNSF the additional sum of XXXX and No/100 Dollars ($00,000.00) as compensation for the Easement, such payment to be made upon execution of this Agreement. Within thirty (30) days of BNSF's final inspection of the completed STRUCTURE, BNSF shall deliver to STATE the executed Easement in the form attached hereto as Exhibit B and incorporated herein by reference, providing STATE, its successors and assigns, a perpetual easement to enter upon and use that portion of the Rail Corridor described therein as is necessary to use and maintain the STRUCTURE. 3. BNSF will furnish all labor, materials, tools, and equipment for railroad work required for the construction of the Project. The Parties agree that the estimated cost of all railroad work for the modification of the East Prado Overhead, the West Prado Overhead, the East Porphyry Overhead and the West Porphyry Overhead in connection with the SR-91 Corridor Improvement Project shall all be included on Exhibit D attached to the WPCMA and made a part thereof. In the event construction on the Project has not commenced within six (6) months following the Effective Date, BNSF may, in its sole and absolute discretion, revise the cost estimates set forth in said Exhibit D. In such event, the revised cost estimates will become a part of the WPCMA as though originally set forth therein. Any item of work incidental to the items listed on Exhibit D not specifically mentioned therein may be included as a part of the WPCMA upon written approval of RCTC, which approval will not be unreasonably withheld. Construction of the Project will include the following principal elements of railroad work by BNSF: (a) Procurement of materials, equipment and supplies necessary for the railroad work; (b) Preliminary engineering, design, and contract preparation; (c) Furnishing of flagging services necessary for the safety of BNSF's property and the operation of its trains during construction of the Project as set forth in further detail on Exhibit C, attached to this Agreement and made a part hereof; Page 3 of 17 East Prado Overhead C&M Agreement April 17, 2014 (d) Furnishing of engineering and inspection as required in connection with the construction of the Project; and (e) Providing a contract project coordinator, at RCTC's expense, to serve as a project manager for the Project. 4. BNSF will construct all railroad work set forth in Article II, Section 3 above on an actual cost basis, when BNSF, in its sole discretion, determines it is required by its labor agreements to perform such work with its own employees working under applicable collective bargaining agreements or by Contractor(s) if necessary. In conducting the work hereunder, for any work that BNSF subcontracts, BNSF shall comply with all applicable State prevailing wage requirements. BNSF subcontracts for work under this Agreement shall be with the lowest qualified bidder, selected by BNSF pursuant to its normal and customary bidding processes. BNSF shall require any contractors completing work under this Agreement to obtain insurance sufficient to cover the risks associated with such work, as determined by BNSF. 5. RCTC agrees to reimburse BNSF for work of an emergency nature caused by RCTC or RCTC's Contractor in connection with the Project which is reasonably necessary for the immediate restoration of railroad operations, or for the protection of persons or BNSF property. Such work may be performed by BNSF with notification provided to RCTC as soon as practicable and RCTC agrees to fully reimburse BNSF for all such emergency work. 6. BNSF may charge RCTC for insurance expenses, including self-insurance expenses, when such expenses cover the cost of Employer's Liability (including, without limitation, liability under the Federal Employer's Liability Act) in connection with the construction of the Project. Such charges will be considered part of the actual cost of the Project, regardless of the nature or amount of ultimate liability for injury, loss or death to BNSF's employees, if any. 7. The invoicing of the costs of the railroad work performed by BNSF under this Agreement, as well as RCTC's obligation to reimburse BNSF for such costs, shall be in accordance with the provisions of the WPCMA pertaining thereto. 8. BNSF agrees to comply and to require its contractors to comply with the "Buy America" requirements set forth in the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) Sections 1041(a) and 1048(a), 23 U.S.C. 313 and 23 C.F.R. Part 635.410, which are incorporated into this Agreement by reference, and which require that all steel, iron, and manufactured products used in FHWA-funded projects are produced in the United States, unless a waiver has been granted by FHWA or the product is subject to a general waiver. In conformance with the foregoing specified laws and regulations, all manufacturing processes for steel and iron materials furnished for incorporation into the work shall occur in the United States; with the exception that pig iron and processed, pelletized and reduced iron ore manufactured outside of the United States may be used in the domestic manufacturing process for such steel and iron materials. The application of coatings, such as epoxy coating, galvanizing, painting, and other coating that protects or enhances the value of steel or iron materials shall be considered a manufacturing process subject to the Buy America requirements. The Buy America requirements do not prevent a minimal use of foreign steel and iron materials if the total combined cost of the materials used does not exceed one -tenth of one percent (0.1%) of the total contract cost or $2,500, whichever is greater. BNSF shall maintain documentation of the quantity and value of the foreign steel and iron prior to incorporating the materials into the work, if any. ARTICLE III — RCTC OBLIGATIONS In consideration of the covenants of STATE and BNSF set forth herein and the faithful performance thereof, RCTC agrees as follows: Page 4 of 17 East Prado Overhead C&M Agreement April 17, 2014 1. RCTC shall furnish to BNSF and STATE plans and specifications for the Project together with calculations with the railroad clearances expressed in English Units. One complete reduced size 11" x 17 paper copy shall be submitted to BNSF's Director Bridge Engineering. A PDF copy of the plans and specifications should be sent to BNSF's Manager Public Projects and BNSF's Director Bridge Engineering. The PDF copy with a file size of two (2) megabytes or less should be sent via an email attachment. Should the PDF copy of the plans and specifications exceed two (2) megabytes, a CD (Compact Disk) of the plans and specifications should be sent via overnight mail service to both BNSF offices. The email and mailing addresses are included in Article V, Section 21. Sets of said plans shall be submitted to BNSF and STATE for approval prior to commencement of any construction. BNSF will give RCTC final written approval of the plans and specifications substantially in the form of Exhibit E, attached to this Agreement and made a part hereof. Upon BNSF's final written approval of the plans and specifications, said plans and specifications will become part of this Agreement and are hereby incorporated herein. Any approval of the plans and specifications by BNSF shall in no way obligate BNSF in any manner with respect to the finished product design and/or construction. Any approval by BNSF shall mean only that the plans and specifications meet BNSF standard specifications, and such approval by BNSF shall not be deemed to mean that the plans and specifications or construction is structurally sound and appropriate or that such plans and specifications meet applicable regulations, laws, statutes or local ordinances and/or building codes. 2. RCTC must make application to the California Public Utility Commission ("Commission") for an order authorizing construction of the Project and will furnish the Commission plans of the proposed construction, approved by BNSF, together with a copy of this Agreement. 3. RCTC must obtain all other required permits and approvals for the construction of the Project. 4. RCTC must provide for and maintain minimum vertical and horizontal clearances, as required and approved by BNSF as part of the plans and specifications for the STRUCTURE. 5. RCTC will make any and all arrangements, in compliance with BNSF's Utility Accommodation Manual (http://www.bnsf.com/communities/fags/pdf/utility.pdf), for the installation or relocation of wire lines, pipe lines and other facilities owned by private persons, companies, corporations, political subdivisions or public utilities other than BNSF which may be necessary for the construction of the STRUCTURE. 6. RCTC must construct the STRUCTURE as shown on the attached Exhibit A and do all work provided for in the plans and specifications for the STRUCTURE, except railroad work that will be performed by BNSF herein. RCTC must furnish all labor, materials, tools and equipment for the performance of RCTC's work. The principal elements of RCTC's work are as follows: (a) Preliminary and final Engineering; (b) Demolition and removal of a portion of the existing East Prado Overhead; (c) Design and the construction of the STRUCTURE; (d) Providing of suitable drainage, both temporary and permanent; (e) All other necessary grading and paving, including backfill of excavations and restoration of disturbed vegetation on the Rail Corridor; (f) Application of the DOT No. 026532D and the CPUC No. 002B-27.85-A in conspicuous locations on the STRUCTURE; (g) Providing of pedestrian and trespasser control during construction; and Page 5 of 17 East Prado Overhead C&M Agreement April 17, 2014 (h) Job site cleanup within Project area including removal of all construction materials, concrete debris, surplus soil, refuse, disturbed contaminated soils, asphalt debris, litter and other waste materials to the satisfaction of BNSF. 7. RCTC will acquire all properties and/or easement rights or construction licenses required to construct and/or maintain the Project. 8. RCTC's work must be performed by RCTC or RCTC's Contractor in a manner that will not endanger or interfere with the safe and timely operations of BNSF and STATE and their facilities. 9. RCTC must require its Contractor(s) to notify BNSF's Roadmaster at least thirty (30) calendar days prior to requesting a BNSF flagman in accordance with the requirements of Exhibit C attached hereto. Additionally, RCTC must require its Contractor(s) to notify BNSF's Manager Public Projects thirty (30) calendar days prior to commencing work on BNSF property or near BNSF tracks. 10. RCTC or its Contractor(s) shall submit one reduced size 11" x 17" paper copy, including calculations, expressed in English Units of the plans and specifications for proposed shoring, or cribbing to be used over, under, or adjacent to BNSF's tracks to BNSF's Director Bridge Engineering. RCTC or its Contractor(s) shall submit a PDF copy of the plans and specifications for the proposed shoring, or cribbing to both BNSF's Manager Public Projects and BNSF's Director Bridge Engineering. The PDF copy with a file size of two (2) megabytes or less should be sent via an email attachment. Should the PDF copy of the plans and specifications exceed two (2) megabytes, a CD (Compact Disk) of the plans and specifications should be sent via overnight mail service to both BNSF offices for approval. The email and mailing addresses are included in Article V, Section 21. The shoring, or cribbing used by RCTC's Contractor(s) shall comply with the BNSF Bridge Requirements set forth on Exhibit F, and BNSF's INSTRUCTIONS FOR PREPARATION OF DEMOLITION PLANS as set forth in Exhibit G with both Exhibits attached to this Agreement and incorporated herein, and all applicable requirements promulgated by state and federal agencies, departments, commissions and other legislative bodies. Falsework shall be designed according to the State of California, Department of Transportation FALSEWORK MANUAL available at this Web Site: http://www.dot.ca.gov/hq/esc/construction/manuals/OSCCom pleteManuals/FalseworkManual.pdf 11. RCTC must include the following provisions in any contract with its Contractor(s) performing work on the Project: (a) The Contractor is placed on notice that fiber optic, communication and other cable lines and systems (collectively, the "Lines") owned by various telecommunications companies may be buried on BNSF's property or Rail Corridor. The locations of these Lines have been included on the plans based on information from the telecommunications companies. The Contractor will be responsible for contacting BNSF's OneCall (telephone number (800) 533-2891) and the telecommunications companies and notifying them of any work that may damage these Lines or facilities and/or interfere with their service. The Contractor must also mark all Lines shown on the plans or marked in the field in order to verify their locations. The Contractor must also use all reasonable methods when working in the BNSF Rail Corridor or on BNSF property to determine if any other Lines (fiber optic, cable, communication or otherwise) may exist. (b) Failure to mark or identify these Lines will be sufficient cause for any BNSF Representative to stop construction at no cost to RCTC or BNSF until these items are completed. (c) In addition to the liability terms contained elsewhere in this Agreement, the Contractor hereby indemnifies, defends and holds harmless BNSF for, from and against all cost, liability, and expense whatsoever (including, without limitation, attorney's fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of Page 6 of 17 East Prado Overhead C&M Agreement April 17, 2014 Contractor, its subcontractors, agents and/or employees that cause or in any way or degree contribute to (1) any damage to or destruction of any Lines by Contractor, and/or its subcontractors, agents and/or employees, on BNSF's property or within BNSF's Rail Corridor, (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on BNSF's property or within BNSF's Rail Corridor, and/or (3) any claim or cause of action for alleged loss of profits or revenue by, or loss of service by a customer or user of such telecommunication company(ies). THE LIABILITY ASSUMED BY CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE, DESTRUCTION, INJURY, DEATH, CAUSE OF ACTION OR CLAIM WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, UNLESS SUCH CLAIMS ARE WHOLLY CAUSED BY THE WILLFUL MISCONDUCT OR SOLE NEGLIGENCE OF BNSF. (d) The Contractor will be responsible for the rearrangement of any facilities or Lines determined to interfere with the construction. The Contractor must cooperate fully with any telecommunications company(ies) in performing such rearrangements. 12. RCTC must incorporate in each prime contract for construction of the Project, or the specifications therefor (i) the provisions set forth in Articles III and IV, and (ii) the provisions set forth in Exhibit C, Exhibit C-1, Exhibit F, and Exhibit G, attached hereto and by reference made a part hereof. 13. Except as otherwise provided below in this Section 13, all construction work performed hereunder by RCTC for the Project will be pursuant to a contract or contracts to be let by RCTC, and all such contracts must include the following: (a) All work performed under such contract or contracts within the limits of BNSF's Rail Corridor must be performed in a good and workmanlike manner in accordance with plans and specifications approved by BNSF; (b) Changes or modifications during construction that affect safety or BNSF operations must be subject to BNSF's approval; (c) No work will be commenced within BNSF's Rail Corridor until each of the prime Contractors employed in connection with said work must have (i) executed and delivered to BNSF an agreement in the form of Exhibit C-1, and (ii) delivered to and secured BNSF's approval of the required insurance; (d) If it is in RCTC's best interest, RCTC may direct that the construction of the Project be done by day labor under the direction and control of RCTC, or if at any time, in the opinion of RCTC, the Contractor has failed to prosecute with diligence the work specified in and by the terms of said contract, RCTC may terminate its contract with the Contractor and take control over the work and proceed to complete the same by day labor or by employing another contractor(s) provided however, that any contractor(s) replacing the original Contractor(s) must comply with the obligations in favor of BNSF set forth above and, provided further, that if such construction is performed by day labor, RCTC will, at its expense, procure and maintain on behalf of BNSF the insurance required by Exhibit C-1; (e) To facilitate scheduling for the Project, RCTC shall have its Contractor give BNSF's Project Engineer at telephone number 909 386 4079 eight (8) weeks advance notice of the proposed times and dates for work windows. BNSF and RCTC's Contractor will establish mutually agreeable work windows for the Project. RCTC shall inform its Contractor that any request for work windows with less than eight (8) weeks advance notice will have a reduced probability of approval. BNSF has the right at any time to revise or change the work windows, due to train operations or service obligations. BNSF Page 7 of 17 East Prado Overhead C&M Agreement April 17, 2014 (f) will not be responsible for any additional costs and expenses resulting from a change in work windows. Additional costs and expenses resulting from a change in work windows shall be accounted for in the Contractor's expenses for the Project; and If applicable, the plans and specifications for the STRUCTURE must be in compliance with the Bridge Requirements set forth in said Exhibit F and the INSTRUCTIONS FOR PREPARATION OF DEMOLITION PLANS set forth in Exhibit G, with both Exhibits attached to this Agreement and incorporated herein. 14. RCTC must give BNSF's Manager Public Projects written notice to proceed ("Notice to Proceed") with the railroad work and advance the funds for the estimated cost of the railroad portion of the Project to BNSF as set forth in Exhibit D attached to the WPCMA. BNSF will not begin the railroad work (including, without limitation, procurement of supplies, equipment or materials) until written Notice to Proceed and funds for construction of the railroad portion of the Project are received from RCTC. The Notice to Proceed must reference BNSF's Agreement No. BF-1000XXXX . 15. Subject to the restrictions imposed by Article V, Section 11 below, construction of the Project will not commence until RCTC gives BNSF's Manager Public Projects thirty (30) days written notice to commence construction ("Notice to Commence Construction") when the Contractor has satisfied the requirements set forth hereinabove in Article III, Section 13 (c) and will enter BNSF Rail Corridor to begin construction. The Notice to Commence Construction must reference BNSF's Agreement No. BF-1000XXXX and must state the time that construction activities will begin. 16. RCTC must advise BNSF's Manager Public Projects, in writing, of the completion date of the Project within thirty (30) days after such completion date. Additionally, RCTC must notify BNSF's Manager Public Projects, in writing, of the date on which RCTC, and/or STATE and/or RCTC's Contractor will meet with BNSF for the purpose of making final inspection of the STRUCTURE. 17. RCTC HEREBY RELEASES, INDEMNIFIES, DEFENDS AND HOLDS HARMLESS BNSF, ITS AFFILIATED COMPANIES, PARTNERS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, FINES, PENALTIES, COSTS, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, DEMANDS, JUDGMENTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS' FEES) OF ANY NATURE, KIND OR DESCRIPTION OF ANY PERSON (INCLUDING, WITHOUT LIMITATION, THE EMPLOYEES OF THE PARTIES HERETO) OR ENTITY DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM OR RELATED TO (IN WHOLE OR IN PART) (I) THE USE, OCCUPANCY OR PRESENCE OF RCTC, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES OR AGENTS IN, ON, OR ABOUT THE CONSTRUCTION SITE, (II) THE PERFORMANCE, OR FAILURE TO PERFORM BY RCTC, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR AGENTS, ITS WORK OR ANY OBLIGATION UNDER THIS AGREEMENT, (III) THE SOLE OR CONTRIBUTING ACTS OR OMISSIONS OF RCTC, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR AGENTS IN, ON, OR ABOUT THE CONSTRUCTION SITE, (IV) RCTC'S BREACH OF THE TEMPORARY CONSTRUCTION LICENSE GRANTED TO RCTC PURSUANT TO ARTICLE II OF THIS AGREEMENT, (V) ANY RIGHTS OR INTERESTS GRANTED TO RCTC PURSUANT TO THE TEMPORARY CONSTRUCTION LICENSE DISCUSSED IN ARTICLE II OF THIS AGREEMENT, (VI) RCTC'S OCCUPATION AND USE OF BNSF'S PROPERTY OR RAIL CORRIDOR AS CONTEMPLATED IN THIS AGREEMENT, OR (VII) AN ACT OR OMISSION OF RCTC OR ITS OFFICERS, AGENTS, INVITEES, EMPLOYEES OR CONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER AS RELATES TO THIS AGREEMENT. THE LIABILITY ASSUMED BY RCTC WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE, DESTRUCTION, INJURY OR DEATH WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, UNLESS SUCH CLAIMS ARE WHOLLY CAUSED BY THE WILLFUL MISCONDUCT OR SOLE NEGLIGENCE OF BNSF. Page 8 of 17 East Prado Overhead C&M Agreement April 17, 2014 ARTICLE IV - STATE OBLIGATIONS In consideration of the covenants of BNSF and RCTC herein contained and the faithful performance thereof, STATE agrees: 1. To permit RCTC to act as the responsible lead agency to design and construct the Project. 2. In addition to the terms and conditions set forth elsewhere in this Agreement, including, but not limited to, the terms and conditions stated in Exhibit F, BNSF and STATE agree to the following terms upon completion of construction of the Project: (a) BNSF will own and maintain, at its sole cost and expense, its roadbed, track, railroad drainage, and all other railroad facilities, however; nothing herein contained shall relieve STATE of any liability it would otherwise have with respect to damage caused to said STRUCTURE by negligent act or omission of STATE or its employees; (b) STATE will own and maintain, at its sole cost and expense, the STRUCTURE, the highway approaches, and appurtenances thereto, lighting, drainage and any access roadway to BNSF gates installed pursuant to this Agreement. BNSF may perform maintenance on the STRUCTURE in order to avoid conflicts with train operation. BNSF will notify STATE for concurrence prior to performing any such maintenance on the STRUCTURE. In the event such maintenance involves emergency repairs due to an earthquake, fire, flood, damage from vehicular impacts or other emergent situations, BNSF will immediately notify STATE of items in need of repair that are under STATE's responsibility. If the STATE does not complete the repairs that have been mutually agreed to within a reasonable time period, BNSF personnel and/or providers may perform the repairs and invoice the STATE for the entire cost of such repairs. Notwithstanding the foregoing, BNSF may remove any materials that infringe upon or violate the minimum clearances described in Exhibit C by methods that would not cause damage to the structural integrity of the bridge without prior notice to, or concurrence by, STATE. STATE agrees to reimburse BNSF for the costs it incurs pursuant to this subsection (b). (c) STATE must, at STATE's sole cost and expense, keep the STRUCTURE painted and free from graffiti; (d) STATE must maintain DOT No. 026532D and CPUC No. 002B-27.85-A in legible condition in the conspicuous locations on the STRUCTURE where applied by RCTC during construction; (e) It is understood by STATE that the right to install utilities is restricted to the placement of underground utilities beneath BNSF's tracks located a minimum of fifty (50) feet from abutments, piers, piles, or footings with the exception that upon BNSF's prior approval, BNSF will permit selected utilities to be installed closer to the abutments, piers, piles, footings and/or run through the deck of the STRUCTURE. Under no circumstances will utilities be allowed to hang from the STRUCTURE. All utility crossings within the limits of BNSF's Rail Corridor will be covered by separate agreements between BNSF and each of the owners of the utilities; (f) (g) STATE must keep the STRUCTURE and surrounding areas clean and free from birds, pigeons, scavengers, vermin, creatures and other animals; and In conformance with and limited to the applicable effect of California Laws insofar as the indemnity and insurance provisions set forth in any of the preceding sections or any rider, amendment or addendum hereto, STATE is self -insured. If STATE performs (i) alterations or modifications to the STRUCTURE, or (ii) any maintenance or other work on Page 9 of 17 East Prado Overhead C&M Agreement April 17, 2014 the STRUCTURE with heavy tools, equipment or machinery at ground surface level, horizontally within 25'-0" of the centerline of the nearest track, or (iii) any maintenance or other work outside the limits of the deck of the STRUCTURE vertically above the top of the rail, then STATE, shall provide BNSF defense and indemnification at least equal to the defense, indemnification and insurance provisions contained in the current Exhibit C-1 at the time alterations or modifications to the STRUCTURE are undertaken, accordance with California Government Code section 14662.5. Nothing herein shall be deemed to insure BNSF against its sole negligence or willful misconduct. Notwithstanding the foregoing, STATE agrees not to commence such alterations, modifications, maintenance, or other work to the STRUCTURE with day labor, until such time as (i) BNSF has procured, at STATE's sole cost and expense, a Railroad Protective Liability insurance policy naming BNSF as the insured, as required by the current Exhibit C-1, and (ii) STATE has reimbursed BNSF for the costs to obtain the Railroad Protective Liability insurance policy. 3. Subject to the restrictions imposed by Article V, Section 11 below, STATE must notify and obtain prior authorization from BNSF's Manager Public Projects to perform (i) inspection, (ii), alterations or modifications to the STRUCTURE, or (iii) any maintenance or other work on, over or under the STRUCTURE before entering BNSF's Rail Corridor or for work located a minimum distance of 25' 0" measured horizontally from the centerline of the nearest track or a greater distance specified by BNSF's Manager Public Projects and must procure and maintain the insurance coverage required by Exhibit C-1 and comply with the obligations set forth in Exhibit C and Exhibit F, as the same may be revised from time to time. In the event any of the work to be done on behalf of STATE upon BNSF's Rail Corridor is to be done by a contractor, STATE will be responsible for its contractor(s) compliance with such obligations. 4. PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 14662.5, STATE HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS BNSF FROM, AND TO REPAIR OR PAY FOR ANY DAMAGE PROXIMATELY CAUSED BY REASON OF THE USES AUTHORIZED BY THIS AGREEMENT AND THE EASEMENTS PERTAINING TO THE STRUCTURE. ARTICLE V — JOINT OBLIGATIONS IN CONSIDERATION of the premises, the Parties hereto mutually agree to the following: 1. All work contemplated in this Agreement must be performed in a good and workmanlike manner and each portion must be promptly commenced by the party obligated hereunder to perform the same and thereafter diligently prosecuted to conclusion in its logical order and sequence. Furthermore, any changes or modifications during construction which affect BNSF will be subject to BNSF's approval prior to the commencement of any such changes or modifications. BNSF will notify RCTC of potential impacts to the Project at the time said impacts are known subject to the provisions of Article II, Section 5. 2. The work hereunder must be performed in accordance with the Bridge Requirements set forth in Exhibit F, the INSTRUCTIONS FOR PREPARATION OF DEMOLITION PLANS as set forth in Exhibit G, and the detailed plans and specifications approved by BNSF. 3. RCTC must require its Contractor(s) to reasonably adhere to the Project's construction schedule for all Project work. At BNSF's discretion, any work that would affect train operations shall be scheduled at night. The Parties hereto mutually agree that BNSF's failure to complete the railroad work in accordance with the construction schedule due to inclement weather or unforeseen railroad emergencies will not constitute a breach of this Agreement by BNSF and will not subject BNSF to any liability. Regardless of the requirements of the construction schedule, BNSF reserves the right to reallocate the labor forces assigned to complete the railroad work in the event of an emergency to provide for the immediate restoration of railroad operations of either BNSF or its related railroads, or to protect persons or property on or near any BNSF owned property. BNSF will not be liable for any additional costs or expenses resulting from any such reallocation of its labor forces. The Parties mutually agree that any Page 10 of 17 East Prado Overhead C&M.Agreement April 17, 2014 reallocation of labor forces by BNSF pursuant to this provision and any direct or indirect consequences or costs resulting from any such reallocation will not constitute a breach of this Agreement by BNSF. 4. BNSF shall have the right to request any RCTC employee, or STATE employee, who enters BNSF's Rail Corridor and because of their incompetence, neglect of duty and/or unsafe conduct or misconduct, they adversely affect BNSF's operations or facilities, be removed from the Rail Corridor. In the event RCTC or STATE elects not to honor such request, BNSF may stop work within its Rail Corridor until the matter has been fully resolved to BNSF's satisfaction. The party whose employee has been asked to leave the Rail Corridor will indemnify BNSF and the other Parties against any claims arising from such removal. 5. BNSF will have the right to stop construction work on the Project if any of the following events take place ("Event of Default"): (i) Contractor (or any of its subcontractors) performs the Project work in a manner contrary to the plans and specifications approved by BNSF; (ii) Contractor (or any of its subcontractors), in BNSF's opinion, prosecutes the Project work in a manner that is hazardous to BNSF property, facilities or the safe and expeditious movement of railroad traffic; (iii) any RCTC employee or STATE Employee because of their incompetence, neglect of duty and/or unsafe conduct or misconduct they adversely affect BNSF's operations or facilities as described in Article V, Section 4 above, (iv) the insurance described in the attached Exhibit C-1 is canceled during the course of the Project; or (v) RCTC or STATE breach any other provision of this Agreement. For an Event of Default as described in subsections (i), (ii), (iii), or (iv) above, BNSF may commence the work stoppage immediately, and shall provide notice to RCTC of such stoppage at the earliest time feasible. Prior to commencing any work stoppage for the Event of Default described in subsection (v) above, BNSF will first provide to RCTC thirty (30) days written notice of such Event of Default, and opportunity to cure. If RCTC fails to cure such Event of Default within the thirty (30) day period, the work stoppage may commence. Any work stoppage will continue until the breach is cured or until all necessary actions are taken by RCTC, its Contractor or subcontractors, to rectify the situation to the satisfaction of BNSF's Division Engineer or until proof of additional insurance has been delivered to and accepted by BNSF. Any work stoppage under this provision will not give rise to any liability on the part of BNSF. BNSF's right to stop the work is in addition to any other rights BNSF may have including, but not limited to, actions or suits for damages or lost profits. In the event that BNSF desires to stop construction work on the Project, BNSF agrees to immediately notify the following individual in writing: Michael Blomquist Toll Program Director RIVERSIDE COUNTY TRANSPORTATION COMMISSION 480 Lemon Street, 3`d Floor Riverside, CA 92502-2208 Office: (951) 778-1098 Fax (951) 787-7920 m blomquistCa�rctc.org 6. RCTC's or STATE's employees, agents, contractors, representatives and invitees shall wear Personal Protective Equipment ("PPE") when on the BNSF's Rail Corridor during construction of the Project or performing subsequent maintenance after completion of construction. The PPE shall meet applicable OSHA and ANSI specifications. Current BNSF PPE requirements are listed on the web site, www.BNSFContractor.com. A partial list of BNSF's PPE requirements include; a) safety glasses: permanently affixed side shields; no yellow lenses, b) hard hats with high visibility orange cover, c) safety shoes: hardened toe, above -the -ankle lace -up with a defined heel and d) high visibility retro-reflective orange vests are required as specified by BNSF's representative in charge of the Project. PPE requirements as defined on the web site, will be amended from time to time, and shall take precedence over the partial list of requirements outlined in this Section 6 of Article V. Hearing protection, fall protection and respirators will be worn as required by state and federal regulations. 7. RCTC must supervise and inspect the operations of all RCTC Contractors to ensure compliance with the plans and specifications approved by BNSF, the terms of this Agreement and all safety Page 11 of 17 East Prado Overhead C&M Agreement April 17, 2014 requirements of BNSF. If BNSF determines that proper supervision and inspection are not being performed by RCTC personnel or RCTC project and construction management consultants at any time during construction of the Project, BNSF has the right to stop construction (within or adjacent to its operating Rail Corridor). Construction of the Project will not proceed until RCTC corrects the situation to BNSF's reasonable satisfaction. If BNSF feels the situation is not being corrected in an expeditious manner, BNSF will immediately notify RCTC's Toll Program Director for appropriate corrective action. 8. Pursuant to this Section, and Article II, Section 7 herein, RCTC must reimburse BNSF in full for the actual costs of all work performed by BNSF under this Agreement (including taxes, such as applicable sales and use taxes, business and occupation taxes, and similar taxes). 9. In any action brought under this Agreement, the prevailing party shall be entitled to recover its actual costs and attorney's fees pursuant to California Civil Code Section 1717, as well as other litigation costs, including expert witness fees. The prevailing Party shall also be entitled to recover all actual attorney's fees and litigation costs incurred in connection with the enforcement of a judgment arising from such action or proceeding. 10. All expenses detailed in statements sent to RCTC pursuant to Article II, Section 7 herein will comply with the terms and provisions of Title 23 U.S. Code, Title 23 Code of Federal Regulations, and the Federal -Aid Policy Guide, U.S. Department of Transportation, as amended from time to time, which manual is hereby incorporated into and made a part of this Agreement by reference. RCTC agrees that BNSF's preliminary engineering, design, and contract preparation costs described in Article II, Section 3 herein are part of the costs of the Project even though such work may have preceded the date of this Agreement and the issuance of Notice to Proceed as more particularly described in Article III, Section 14. 11. The Parties mutually agree that no construction activities for the Project, nor future maintenance of the STRUCTURE once completed, that would interfere with operations of the Rail Corridor will be permitted during the fourth quarter of each calendar year. Emergency work will be permitted only upon prior notification to BNSF's Network Operations Center (telephone number: 800 832-5452). The Parties hereto mutually understand and agree that trains cannot be subjected to delay during this time period. 12. Within 90 days of the conclusion of the Project and final acceptance by BNSF and STATE, RCTC must provide BNSF with a complete electronic set of the bridge plans with the railroad clearances (prepared in English Unitst. BNSF will also accept a marked up paper copy of the bridge plans labeled "As Built". The marked up copy of those plans will reflect any and all deviations from the original plans that occurred during construction. The electronic set of bridge plans will be submitted in Micro Station ".dgn electronic format (preferred) or AutoCAD ".dwg format. Electronic plans are to be submitted in the original format used for CAD plan preparation and not converted to another format prior to submission. The As Built plans shall show actual measured "as constructed" clearances as well as depth, size and location of all foundation components. The plans shall show dimensioned locations of existing and relocated utilities. The As Built plans must comply with the Bridge Requirements set forth on Exhibit F and depict all information in BNSF engineering stationing and mile post pluses. The As Built plans must also include plan and profile, structural bridge drawings and specifications, and drainage plans. All improvements and facilities must be shown. It is understood that BNSF prefers to receive the As Built plans in an electronic format. 13. BNSF may, at its expense, make future changes or additions to its facilities if necessary or desirable, in BNSF's sole discretion, including, without limitation the following: (i) the right to raise or lower the grade or change the alignment of its tracks, (ii) the right to lay additional track or tracks, or (iii) the right to build other facilities in connection with the operation of its railroad. Such changes or additions must not change or alter the highway components of the STRUCTURE. If it becomes necessary or desirable in the future to change, alter, widen or reconstruct the highway components of the STRUCTURE to accommodate railroad projects, the cost of such work, including any cost incidental to alteration of railroad or highway facilities made necessary by any such changes to the STRUCTURE, will be divided between BNSF and STATE in such shares as may be mutually agreed to by them. Any Page 12 of 17 East Prado Overhead C&M Agreement April 17, 2014 alteration or reconstruction of the highway components of the STRUCTURE will be covered by a Commission order. 14. STATE may, at STATE's sole expense, alter or reconstruct the STRUCTURE if necessary or desirable, due to traffic conditions or pedestrian or other recreational traffic, provided, however, that any such alteration or reconstruction, must receive BNSF's prior written approval as evidenced by either a supplement to this Agreement, or execution of a new agreement that provides for the termination of this Agreement. Furthermore, any alteration or reconstruction of the highway components of the STRUCTURE will be covered by a Commission order. 15. Any books, papers, records and accounts of the Parties hereto relating to the work hereunder or the costs or expenses for labor and material connected with the construction will at all reasonable times be open to inspection and audit by the agents and authorized representatives of the Parties hereto and the Federal Highway Administration, for a period of three (3) years from the date of the final BNSF invoice under this Agreement. 16. The covenants and provisions of this Agreement are binding upon and inure to the benefit of the successors and assigns of the Parties hereto. Notwithstanding the preceding sentence, no party hereto may assign any of its rights or obligations hereunder without the prior written consent of the other party. 17. In the event construction of the Project does not commence within three (3) years of the Effective Date, this Agreement will become null and void. 18. Neither termination nor expiration of this Agreement will release any party from any liability or obligation under this Agreement, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or expiration. 19. To the maximum extent possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement is prohibited by, or held to be invalid under, applicable law, such provision will be ineffective solely to the extent of such prohibition or invalidity and the remainder of the provision will be enforceable. 20. Only that portion of the aforesaid Original Agreement between the STATE and Santa Fe that pertains to the East Prado Overhead as originally constructed shall terminate on the completion date of the Project as provided for in Article III, Section 16 of this Agreement. The Original Agreement shall remain in full force and effect for the remaining West Prado Overhead until the West Prado Overhead portion of the Original Agreement is terminated by separate agreement. Such termination shall not release any party thereto from any liability or obligation thereunder, resulting from any act, omission or event happening prior to the date of termination or thereafter, in the event the terms of said Original Agreement provide that anything shall or may be done after termination thereof. 21. Any notice provided for herein or concerning this Agreement must be in writing and will be deemed sufficiently given when sent by certified mail, return receipt requested, to the Parties at the following addresses: BNSF: Manager Public Projects Melvin Thomas 740 E. Carnegie Drive San Bernardino, CA 92408 Email: Melvin.Thomasa.bnsf.com Page 13 of 17 East Prado Overhead C&M Agreement April 17, 2014 BNSF: RCTC: STATE: Director Bridge Engineering Ron Berry 4515 Kansas Avenue Kansas City, KS 66106 Email: Ronald.BerrvAbnsf.com Project Engineer Greg Rousseau 740 E. Carnegie Drive San Bernardino, CA 92408 Email: Greq.Rousseaua,bnsf.com Division Engineer Adam Richardson 740 E. Carnegie Drive San Bernardino, CA 92408 Email: Adam.Richardson4bnsf.com Michael Blomquist Toll Program Director Riverside County Transportation Commission 480 Lemon Street, 3`d Floor Riverside, CA 92502-2208 Office: (951) 778-1098 Fax (951) 787-7920 Email: mblomquistArctc.orq Department of Transportation Ben Martin Office Chief for Railroads and Utilities Relocation Division of Right of Way & Land Surveys 1120 N. Street, MS 37 Sacramento, CA 95814-5690 Office: (916) 654-5413 Email: ben.martinaslot.ca.gov IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and attested by its duly qualified and authorized officials as of the day and year first above written. (Signature pages to follow) Page 14 of 17 East Prado Overhead C&M Agreement April 17, 2014 BNSF RAILWAY COMPANY By: Name: Melvin Thomas Title: Manager Public Projects Page 15 of 17 East Prado Overhead C&M Agreement April 17, 2014 RIVERSIDE COUNTY TRANSPORTATION COMMISSION By: Name and Title REVIEWED AND RECOMMENDED FOR APPROVAL: By: Name and Title REVIEWED FOR FISCAL IMPACT: By: Chief Financial Officer APPROVED AS TO FORM: By: Best Best & Krieger LLP Counsel to the Riverside County Transportation Commission Page 16 of 17 East Prado Overhead C&M Agreement April 17, 2014 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By: Name: Ben Martin Title: Office Chief for Railroads and Utilities Relocation Division of Right of Way & Land Surveys APPROVED AS TO FORMS AND PROCEDURES: By: ROGER FORMANEK, Attorney Department of Transportation APPROVAL RECOMMENDED: By: Denny Fong, P.E. Railroad Agreements Engineer Page 17 of 17 East Prado Overhead C&M Agreement April 17, 2014 9 30 1. 133HS L0'890-23E1 (N3aIM) dd3H213n0 Oab6d l WO-Id2JOd 1S3M X2JXI-IMOd 1SV3 V32JV MOM OCV2Jd 1SV3 V-991Z - EIZOo #OndO OZE99Z0 #100 Z61Z dW dSN9 86+17L176 V1S bONI3 dSN9 M„8E,LE.L 6 6 :30111I0N01 N„60.£9o£E :30n111V1 Z09L-S1 ONICNVN2138 NVS:NOISIAIO9nS :S310N OV0211IV21 OOV21d 1SV3 b NNnONOWNVainv/JSNB VD 'VN02100 OOVHd 1SV31V va oovad 00V2Jd 1S3M NOISSIW14100 N011V1210dSNV211 kumoo 301SH3AN ONV VIN210d11V0 d0 31V1S Z09L 1N316103S 3N11 ONV NOISVU090S ONIOVNi139 NVS ANVdW00 AVM11V21 AS/VS NOISInIo VwaolnVo 1N301S321d 301A N33M138 twz A21VnaeA snmas Oa03NVS 11\131A133HOV 3ONVN3INIVW 8 N0110n2I1SNOO V 01031-10V11V 0310N Stl 31VOS V„ 1I81HX3 x1 N1aOM 12 0A 9 JO Z 133HS LOV90-2:18 (N3CIIM) ad31-12:13n0 Oab2id V-99*LZ - 8300 #0nd0 OZ£99Z0 #100 Z6'LZ dIN dSN8 BL+VLVL V1S 210N3 dSN8 M..8£,LEeL I I :30f1110N01 N„L0,£9e££ :301111V1 Z09L-S1 ON1021VN2138 NVS:NOISIAI08(1S :S310N OV0211IVN 00VNd 1SV3 LO 300168 90 3001219 17'8Z1d8 #a8 dSN8 11V130 HSVM MOlOWM \, 6 L� VO VN0ao0 00tl63 1SV31V 80a , I MO l 180 DA/ono HSVM M01021VM 13. NOISSIWW00 N011V1230dSNVal A1Nf100 301Sa3A1a 0NV VINaOJI1V0 30 31V1S Z09L 1N3INS3S 3Ni1 ONV NOISIn10911S ONIONVNa3S NVS ANVdW00 AVM11Va JSN9 NOISING vwaodnvo 1N301S3ad 301A N33M138 atm Aavna83d S1111x3S'0 ONOANVS 1N314391JOV 30NVN31NIVIN 8 N0110M1SN00 V Ol 031-10V11V 0310N SV 31VOS .V. 1I81HX3 x1 H1NOM land 9 JO £ 133HS L01890-�19 (N3OIM) C1V3Hb3n0 0a`d2:1d 900491 P910995 II^M (Z-0 d'1) ulo,0 M�aO 4.14g0a,1 10,n10a1140,, y11ry (alwouoD) 60!nod ado1S (00418 adRl 4aoo,ddy a,nlon,is L (00f)N *MI 4o0o,ddy a,nlon,l5 Z iI loaunna,1 in,nl0a1140,V 0+ 110M 111101 (RIuO SM0o,1 88 ,an0) (Poi, L ad,i) 6u!1!o8 Mull uio40 (Pary V09adtl) ,a „og ala,ouo0 (Pory az ad41) ,a „Pg alauuoD IIOM� 6u!u!P lab („0- b) ,nod a,nsolD ,39099 Dodo Pun Acio,N 100 ',a9wnN lung mlod V90Z 'oN M8 0 rb M„PUS./ a:1(191090i N,l0,£S.£E';30n0191 Z094-9I ONIONVN839 NVS .140ISIA109nS 661Z '214 88 '5310N OVON'IVa V SB'LL AL00 'oo Dnei0 0E0g9z0 N 100 — 16 3L/108 3L V15 $LL—Z6$ "91 „HO oPn,d„ lumd Z _M/N ISNA�/ ,Lf90 9c 'oN a6Pug N 'S3101.0 N .:3N / L4'69+9S1 3NI1 1suPD ll 93 = ,E�4'i9 Tl-L6'65+4511N-„V„ J 9 6,1 'fill a 6 NIn V-981Z - 9Zoo #OndO ,o yn;; e4 c OZ£99Z0 #100 :i•3 io i4 a ED Z6'LZ dW dSN9 u, . w T 1P rotas Io00,an 415 84+17L174 V1S 210N3 3SN9 n!,Pd, M„8£,L£PL44 :3011110NO1 "Pult Jn a4P1'� NI,40,£5a££ :30f1111V1 od a,nanla JO d01 ON1011 Z09L-S1 ONIOUV10:139 NVS:NOISIn109nS :6310N 0V01111V2i OOV2id 1SV3 451 Il suo 1 ,L£'S6 18 9Z'bS+l9t 3N ZSI M3NS .LC,SO„6S 3US 94,El k9 E 103E L933 -_.. dlI '111-1 30 10 OMN3,0 NNOM3S1V-1 ii‘u nAg �t/'� . MJYS .99 MsIZi90.,C9N i P S30Dtl Is!x sY0'9Sc nd01a13 'iva Jo Z 11,136 3 3J 007Z-115I 3NI1 1s1,10 11 $ BE = N0,1 VA313 Nvld ,V1 '111JJ JO dal / 3N'l 17D 1N 5 M3NS 30!583418 01 dll dRl 'TI3 30 301 N30IM 0 80L2fIW bSl ESL -00 1,on19193 98 SS j33v r I 38 Z 1938 ->8 IZ „9/f 6 ,6 tat 'Ik1A „e/f L-,£e 93-1 3911 19093 11 $ 00019 03595935 ,9/L S-,L9Z —88 .E£'E9 11 00'ZL+191 3NI' ,tl„ 191 M/8 SNtlal'tlD 134-' nal 195 30 301 VO 'VN02100 OOV21d 13V31V yd 30 '9 4J IMW 4 ,LZ 3N5 19 _ / 64 99+991 3911 1909O )5 3 88 N20IM 1H9I21 OSI -00 l,an u!ry N301M 15 EE'S6 lU 6L'54,991 3NIi ,tl 641 I I l'99+L91 03 ;,Z/l S-.64 I—Ml 1N39 1j •DI-,9L1 Z. 1,1 7,111 ISuOO 7U'S ONOItl 038nS9391 „9-,90£ 0.OlS 90l3 rvn1V0 NOISSIWWOO NOLLVMOdSNV2fl A1Nn00 301SUAAILl ONV VIN80dI1VO d0 31V1S Z09L 1N311038 3NI1 ONV NOISInIOenS ONIONVNa3e NVS ANVdW00 AVM11VL1 dSN9 NOISInIa vwaodnvo 1N30IS3ad 301n N33M139 aloz navnae3d SNI-IX3S'00210ANVS 1N31N33210V 30NVN31NIVIN'8 NOIlOnalSN00 V 0103HOV11V 0310N SV lVOS nVa 1191HX3 xl HlaOM land 9 JO 17 123HS LOV90-2H8 (N3dIM) OV3I-2 3A0 0C1V2id 1U0,0a woaA-4O1o0 ,01,13911 1'IJOa132J apob alwaJd buns!. yolow q. adols .010 Emus!. yoloyy , (uouJod) IoAUwaJ abp,Ja ENE a Jnlnn4s Bops!. ----- ON3031 641 '311d0a01 NOI. 31S 1VOldl..I. Iuawl09.1 150J1u00 \ !thuoAO alanuoo Jalsax lod luawloa,l l0,nlna)�U�JV 0� IIOM II!1 ul ru0 ax00J1 as ,an0) (PcW L a 1) 6wlioa 11111 u,ou0 (V09 atl.(l) ,au,n0 a12,1u00 gI' (POW Z£L ad(,) Jaum9 alauuo0 Cij (y ad(1) 6u!I!oa RJo.Jodwal (cj („0-,b) ',noo aJusol0 V 5310N A3N L J I VOVN0a00 00Vad 1Sd31V ti of ouoa3°0)d d: x ,9 0 5/ Uf Z I (6) SJNI1 011d0 a30IJ V „b 8 „Z dxl 11!yy„0—,Z Z V} TATl- a30a10 xoa uo0 Isix3 N30alO XOFI 0uo0 5/d ls!x_ 00 xo,ddy PS OS OVIOnS 3Jld 1-111A S+1V Id 11115 4 1�,ff incly�l G91_1+L. ^ x08 I� 0 0 (N301M la) Jan l8 L!IN V-98'LZ - 9Z0o 'tondo OZ£59Z0 #100 3NIl 1suo0 la Ze'LZ dIN dSN9 81.+4L46 V1S }JONA ASN9 M„43E.LEaL 6l :30111.I9N01 Na60,£9>££ :30nLI1V1 Z09L-S1 ONICIWN2i39 NVS:NOISIn1091S :S310N 0V0t11IV23 00V2id 1Sb 3 ,0—,ZL ,Ll ® S3NV1 9 „0-,9£ = ,Z1 ® S3NV1 £ l „0—,VZ = ,Zl „0—,bt ,I S3NV1 Z ,oA 1p Lary „0-.Z dx,. 'ONOA39 11VM llLNl J Qf .uo0 / a30a10 XCE „0-,ZL = ,Z1 0 S3NV1 T„0-,b6 3NIl T„0-,Z9 8318aV8 NV103IN 03Ltl001a (N301M 11) Jon R .94 31,0 1su00 l- g Z NOISSMINO0 NOI1V1LIOdSNVal A1Nn00 301SMAN ONV VINaOdIIV0 d0 31V1S Z09L 1N3WO3S 3NI1 ONd NOISIAIOSfIS ONIOaVN839 NVS ANVdW00 AVMlIV2f dSN9 No1slnla vlNao3nv0 1N30IS3ad 301A N33M139 bIOZ AaVna53d sn1-1x3S'0 ONO3NVS 11\131N3MIOV 30NVN31NIVIN NOIlOnalSNOo V 0103HOV11V 0310N SVI91VOS „V„ 1191HX3 xl a1NOM laod 9 JO 51331-IS 90 300I'd9 (N3aiM) ab3I-N3n0 Oab2:Id 931 M„IZ.90.L9N V-S9 LZ-8Z00 'oN Ond3 OZLS9Z0 'ory 100 16 31L1021 31V1S SS. 3NI1 ,V„ 10 11 OS'8 +451 31,111 ,V„ _ OS195+431 3N1' 19900 it s M/8 3SN8 / 11,I0d 310NY SL Nf 11 tra+551 319I1 I9993 ll „IZ,99„L9Nf G' V90Z 'oN MN ,., IZ,90.IOIq V-981Z - 8Z00 #OndO OZ£99Z0 #100 Z6'LZ dW dSNB 8L+PLVI V1S 219N3 dSNB M118£IL£9L L l :3011110N01 N1,60,£9a££ :30n111V1 Z09L-S1 ONIOUVN2138 NVSNOISIniOBnS :S310N 0V02111V2100V21d 1SV3 31911 is -99 ll M.2,90.0 ,OZ.9E.,99N 199,19N 9,998-49190 1Ja»eN ,uawln9V .ON3031 11302113N Nall a,16 a�clonm a1,10n15 6u115,x3 — ,uaweso3 ENNIoo. 3sN8 I ,OS — „ ON3031 (11_10Nli INV NJOIM 1_01) — NVld 1N10d 319NV ,96'OL 11 44'0L'Z51 3NI1 19993 it 119I0d 310NV 3.6Z'59 IN 39Z'99+,S l 1NI1 1sVo3 ll 1NIOd 319NV 11 1.9'59+Z51 3N1' „V„ 19' LSI All 199a3 1115 Z a 1 9 .iL'f8 I1 69SL+L51 31911 V„ = / 6o-9L-IE5l 31,11 ,9903 11's 4 lua9 , 15'Lt. +Z31 3NI1 „V E NV38-1-101V3 3j .�y31 �4 i0.� Ld0 3 56'96+031 3NI': ,tl, Z 91V38-N3i V3.3� as1 1NIOd 31019V 3 31'39 IN. 5S-94+151 3 11 19993 I' ,f£'E9 Il L6'Z�L+ISI 3N.1 „b„= L6"ZL+ISI 3N'l Isua3 li s l ln9tl b19 j VSOZ '0N MN VO VNOL100 OOVNd 13V31V NOISSIW1100 N011V1210dSNV81 A1NnOO 301SN3nIN ONV VINNOd11V0 d0 31V1S Z09/ 1NaVeaS 3NI1 ONV NOISIAKIEMS ONI021VN838 NVS ANVd1N00 AVM1IV1 dSNB No1SIAlovwaoanVo 2 1N301SANd 301A N33M138 4LOZ A21V11H833 St1Hx3S'0 Oao1NVS 1N3W33219V 3ONVN3INIVIN N0110nzasN00 V 0103HOV11V 0310N SV:3lVOS nVa1181HX3 x1 H1NOM1210A 9 JO 9133HS LO 30012:18 (N30IM) OV31-12:13n0 00b2:Id 19a11ay woaEl-4a1o0 Z� 11ImlaH Vawp:Ny e :01,2031 11i08_38 0g11511101104=o,!a ra I. r, boiioos 1.1.3 a.tmor. 6ullsiv3 luawaso3 6u!100j 35N6 I ON3031 CC-S6 ltl FLl'fS+ISI -Nll tlr1� f LfS+ISI 3NI1 aooa le 1 4 In�y"S�B 9 M/N V-512u-SZOO ends OLE59Z0 N 100 16 31l10H 31105 l611,-ZSI, 3Nr V„ F NV38-1-01.V� 1NWd 310NV 96'DL N 0,4'OC+Z f 1n136 1s:R3 3j V-981Z - 9Z00 #Ondo 0Z£99Z0 #100 Z6'LZ dW dSNB 84+VL174 V1S 1:10N3 dSNB M„8£1L£44 4 :30n110N01 :30n111V1 Z09L-S1 ONIOaVNa38 NVS:NOISIA108nS :9310N OVOaIIVLI 00`0:1d 1SV3 i3„0f,B5„E914 gN qg'r� 1 ,Og = „l (11JON17?J ONV N aIM 1[19N) - NV-d M„IZ,9D�L9N 103NM ff'SE ltl fB'4L'O t Nll tl = FB'4C+OSl 3NIl 1s000 1tl - C 1N38 . 56136+05. 7; 141 ,s Z YItl3B-1-01V0 3 �. 00 .44a.-41ox M..IL.90.C9N/ .CC'96 )tl i8'9Y+Bbl 3Nn V,- 1 t Sot �yt qd VO VN02100 Oavad 1SV3 1V 0C1 ,ZE 56 18 00'04+641 31,1I1 „V,= 00.04+641 ]}Ill 1suo0 1>: $ Z 1830 T M/B 35148 6:1 - -__— _ - — N4l / I1.'951+/01 01 V-00'CL-HL00 0o elldJ OZCS9E0 N 100 16 31/ION 31V15 NOISSIWWOO N011V180dSNVal A1Nnoo 301Sa3A121 0NV VINaOdI1V0 d0 31V1S Z09L 1N31NO3S 3NI1 ONV NOISIAIOenS ONIONVNN3e NVS ANVdW00 AVMIIVa ASN9 NOISInIO VINao�nVo 1N30IS3ad 301A N33M139 >LOZ AaVnae3A Sn1-Ix3S'0 ON0dNVS 1N31433HOV 3ONVN3INIVIN $ NOIlOnalSNOo V 0103H0V11V 0310N SV,31VOS „Va 1181HX3 x1 H1210M 1NO3 EXHIBIT B EASEMENT EASEMENT DEED FOR EAST PRADO OVERHEAD (C&M Agreement) THIS EASEMENT FOR Highway Purposes ("Easement") is made and entered into as of the day of 20_ ("Effective Date"), by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Grantor"), and STATE OF CALIFORNIA, through its DEPARTMENT OF TRANSPORTATION ("Grantee"). A. Grantor owns or controls certain real property situated at or near the vicinity of West Corona, County of Riverside, State of California, at Mile Post 27.92, [Project # j, as described on Exhibit Al and depicted on Exhibit A2 for the Aerial Parcel and as described on Exhibit 61 and depicted on Exhibit B2 for the Footing Parcel attached hereto and made a part hereof (the "Premises"). B. Grantor and Grantee have entered into that certain Construction and Maintenance Agreement dated as of concerning improvements on or near the Premises (the "C&M Agreement"). C. GRANTOR agrees to grant to GRANTEE, its successors and assigns an Easement over the Premises for purpose of operating a highway overpass over and above Grantor's property, subject to the reservations, covenants, terms and conditions set forth herein and more fully detailed in the previously referenced C&M Agreement. Grantee requires Easement for State highway purposes, a public use for which Grantee has the authority to exercise the power of eminent domain. Grantor is compelled to sell, and Grantee is compelled to acquire the Easement. In consideration of the foregoing recitals which are incorporated herein, the mutual promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Grantor does hereby grant to Grantee an easement for the construction, reconstruction, replacement, removal, inspection, maintenance, repair, and operating an overhead bridge and highway only for use as a public crossing at the location identified herein along with all necessary supporting columns, footings and appurtenances thereon (hereinafter collectively "Structure"). Structure shall be constructed, located, configured and maintained by Grantee, its successors and assigns in strict accordance with the terms of this Easement and the C&M Agreement. Structure and its use as a public crossing in accordance with this Easement and the C&M Agreement are compatible with railroad operations, within the meaning of California Code of Civil Procedure section 1240.510 so long as they do not impede railroad operations, create an undue safety risk, or interfere with Grantor's common carrier obligations as regulated by the Surface Transportation Board or by any successor agency. 2. Grantor further grants to Grantee the non-exclusive right of ingress to and egress from the Premises over and across Grantor's other property subject to advance notification and coordination with Grantor to ensure safety and the compatibility of Grantor's other property for such ingress and egress (which coordination by Grantor shall not be unreasonably withheld) and provided further that such right of ingress and egress shall be in accordance with the terms and provisions of the parties' separate C&M Agreement and any amendments thereto. 3. Reservations by Grantor. Grantor reserves, for itself, or to assign to third parties, the right, provided Grantor uses all commercially reasonable efforts to avoid material interference with the use of the Premises by Grantee for the Easement, including but not limited to the following: Page 1 of 5 (a) to install, construct, reconstruct, upgrade, maintain, renew, alter, repair, inspect, replace, use, operate, change, modify and relocate any existing pipe, power, communication, cable, or utility lines and appurtenances and other facilities or structures of like character (collectively, "Lines") upon, over, under or across the Premises; (b) to install, construct, maintain, renew, repair, replace, use, operate, change, modify and relocate any tracks or additional facilities or structures upon, over, under or across the Premises; and (c) to use the Premises in any manner as the Grantor in its sole discretion deems appropriate. 4. No Warranty of Any Conditions of the Premises. Grantee acknowledges that Grantor has made no representation whatsoever to Grantee concerning the state or condition of the Premises, or any personal property located thereon, or the nature or extent of Grantor's ownership interest in the Premises. Grantee has not relied on any statement or declaration of Grantor, oral or in writing, as an inducement to entering into this Easement, other than as set forth herein. GRANTOR HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, AS TO THE DESIGN OR CONDITION OF ANY PROPERTY PRESENT ON OR CONSTITUTING THE PREMISES, ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, THE QUALITY OF THE MATERIAL OR WORKMANSHIP OF ANY SUCH PROPERTY, OR THE CONFORMITY OF ANY SUCH PROPERTY TO ITS INTENDED USES. GRANTOR SHALL NOT BE RESPONSIBLE TO GRANTEE OR ANY OF GRANTEE'S CONTRACTORS FOR ANY DAMAGES RELATING TO THE DESIGN, CONDITION, QUALITY, SAFETY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY PROPERTY PRESENT ON OR CONSTITUTING THE PREMISES, OR THE CONFORMITY OF ANY SUCH PROPERTY TO ITS INTENDED USES. GRANTEE ACCEPTS ALL RIGHTS GRANTED UNDER THIS EASEMENT AGREEMENT IN THE PREMISES IN AN "AS IS, WHERE IS" AND "WITH ALL FAULTS" CONDITION, AND SUBJECT TO ALL LIMITATIONS ON GRANTOR'S RIGHTS, INTERESTS AND TITLE TO THE PREMISES. Grantee has inspected or will inspect the Premises, and enters upon Grantor's rail corridor and property with knowledge of its physical condition and the danger inherent in Grantor's rail operations on or near the Premises. Grantee acknowledges that this Easement does not contain any implied warranties that Grantee or Grantee's Contractors (as hereinafter defined) can successfully construct or operate the Improvements. 5. Nature of Grantor's Interest in the Premises. GRANTOR DOES NOT WARRANT ITS TITLE TO THE PREMISES NOR UNDERTAKE TO DEFEND GRANTEE IN THE PEACEABLE POSSESSION OR USE THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE. In case of the eviction of Grantee by anyone owning or claiming title to or any interest in the Premises, or by the abandonment by Grantor of the affected rail corridor, Grantor shall not be liable to refund Grantee any compensation paid hereunder. 6. Improvements. Grantee shall take, in a timely manner, all actions necessary and proper to the lawful establishment, construction, operation, and maintenance of the Improvements, including such actions as may be necessary to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of Page 2 of 5 existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee's sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee or Grantee's contractors or consultants must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner's written approval prior to so affecting the Other Improvements. Grantee or Grantee's contractors or consultants must mark all Other Improvements on the Plans and Specifications and mark such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above -described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises during the construction of the Structure. Said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and abate any and all hazard of fire. 7. Taxes and Recording Fees. Grantee shall pay all applicable escrow and recording fees incurred in this transaction, and if title insurance is desired by Grantee, the premium charged therefor. Any taxes applicable to this transaction shall be cleared and paid in the manner required by Section 5086 of the Revenue and Taxation Code, if unpaid at the close of escrow. 8. Compliance with Environmental Laws. Except where it is exempted, Grantee shall strictly comply with all federal and state environmental Laws in its use of the Premises, including, but not limited to, the Resource Conservation and Recovery Act, as amended (RCRA), the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the Toxic Substances Control Act (collectively referred to as the "Environmental Laws"). Grantee shall not maintain a "treatment," "storage," "transfer" or "disposal" facility, or "underground storage tank," as those terms are defined by Environmental Laws, on the Premises. Grantee shall not handle, transport, release or suffer the release of "hazardous waste" or "hazardous substances", as "hazardous waste" and "hazardous substances" may now or in the future be defined by any Environmental Laws. 9. Notice of Release. Grantee shall give Grantor immediate notice to Grantor's Resource Operations Center at (800) 832-5452 of any release of hazardous substances on or from the Premises, violation of Environmental Laws, or inspection or inquiry by governmental authorities charged with enforcing Environmental Laws with respect to Grantee's use of the Premises. Grantee shall use its best efforts to promptly respond to any release on or from the Premises. Grantee also shall give Grantor immediate notice of all measures undertaken on behalf of Grantee to investigate, remediate, respond to or otherwise cure such release or violation. 10. Remediation of Release or Violation caused by use of Easement. In the event that Grantor has notice from Grantee or otherwise of a release or violation of Environmental Laws which occurred or may occur during the term of this Easement, and which was caused by, contributed to, or Grantee or Grantee's contractor, Grantor may require Grantee, at Grantee's sole risk and expense, to take timely measures to investigate, remediate, respond to or otherwise cure such release or violation affecting the Premises. If during the construction or subsequent maintenance of the Structure, soils or other materials considered to be environmentally contaminated are exposed, Grantee will remove and safely dispose of said contaminated soils. Determination of soils contamination and applicable disposal procedures thereof, will be made only by an agency having the capacity and authority to make such a determination. Page 3 of 5 11. Preventative Measures. Grantee shall promptly report to Grantor in writing any conditions or activities upon the Premises known to Grantee which create a risk of harm to persons, property or the environment and shall take whatever action is necessary to prevent injury to persons or property arising out of such conditions or activities; provided, however, that Grantee's reporting to Grantor shall not relieve Grantee of any obligation whatsoever imposed on it by this Easement. Grantee shall promptly respond to Grantor's request for information regarding said conditions or activities. 12. Vacation. If the Easement or any portion thereof, shall cease to be needed for public crossing purpose, then the Grantee shall vacate such portion(s) of the Easement in accordance with any and all applicable State and Federal Laws. In addition, Grantee at Grantee's sole expense, shall demolish and remove the Structure in accordance with the then current standards of Grantor, including but not limited to engineering, land use and railroad operating standards, and with the terms and provisions of the C&M Agreement. 13 Tax Exchange. Grantee may assign its rights but not its obligations under this Easement to effect an exchange under applicable section(s) of the Internal Revenue Code. In such event, Grantor shall provide Grantee with a Notice of Assignment and Grantee shall execute an acknowledgement of receipt of such notice. 14. Notices. Any notice required or permitted to be given hereunder by one party to the other shall be delivered in the manner set forth in the C&M Agreement. Notices to Grantor under this Easement shall be delivered to the following address: BNSF Railway Company, Real Estate Department, 2500 Lou Menk Drive, Ft. Worth, TX 76131, Attn: Permits, or such other address as Grantor may from time to time direct by notice to Grantee. 15. Recordation. It is understood and agreed that this Easement shall be in recordable form and shall be placed on public record subject to changes required, if any, to conform such form to local recording requirements. 16. Miscellaneous. 16.1 All questions concerning the interpretation or application of provisions of this Easement Agreement shall be decided according to the substantive Laws of the State of California without regard to conflicts of law provisions. 16.2 If any action at law or in equity is necessary to enforce or interpret the terms of this Easement, the prevailing party or parties shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party or parties may be entitled. 16.3 If any provision of this Easement is held to be illegal, invalid or unenforceable under present or future Laws, such provision will be fully severable and this Easement will be construed and enforced as if such illegal, invalid or unenforceable provision is not a part hereof, and the remaining provisions hereof will remain in full force and effect. In lieu of any illegal, invalid or unenforceable provision herein, there will be added automatically as a part of this Easement a provision as similar in its terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable. 16.4 This Easement is the full and complete agreement between Grantor and Grantee except that in matters of coordination between Grantor and Grantee for construction and maintenance, the previously referenced C&M Agreement shall control in any area of conflict between the two. However, nothing herein is intended to terminate any surviving obligation of Page 4 of 5 Grantee or Grantee's obligation to defend and hold Grantor harmless in any prior written agreement between the parties. 17. Administrative Fees. Grantee acknowledges that a material consideration for this agreement, without which it would not be made, is the agreement between Grantee and Grantor, that the Grantee shall pay upon return of this Agreement signed by Grantee to Grantor's Broker a processing fee in the amount of $2,000.00 over and above the agreed upon Acquisition Price. Said fee shall be made payable to BNSF Railway Company by a separate check. Witness the execution of this Easement as of the date first set forth above. GRANTOR: BNSF RAILWAY COMPANY, a Delaware corporation By: Name: Title: THIS IS TO CERTIFY, that the State of California, acting by and through the Department of Transportation (pursuant to Government Code Section 27281), hereby accepts for public purposes the real property described in the within deed and consents to the recordation thereof. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 20 DIRECTOR OF TRANSPORTATION By Attorney in Fact Page 5 of 5 PS OMAS EXHIBIT `Al' LEGAL DESCRIPTION Caltrans Parcel No. 22101-1 APN 101-170-041 Parcel No. 1 Permanent Aerial Easement In the City of Corona, County of Riverside, State of California, being a portion of the Rancho La Sierra Yorba allotted to Concepcion Serrano de Yorba and Maria Jesus Shorb by Final Decree of Partition entered January 16, 1878, in the District Court of the 17th Judicial District of said State, in and for the County of Los Angeles, Case No. 31110, a certified copy of said Final Decree being recorded July 16, 1878, in Book "U" of Deeds, Page 239, Records of San Bernardino County, described as follows: Beginning at the "TRUE POINT OF BEGINNING" of Parcel No. 1 (State Parcel No. 2158-3) as described in the Deed recorded March 4, 1981 as Instrument No. 38035 of said Official Records; thence along the southeasterly line of said Parcel 1, North 79°21'32" East 51.47 feet; thence North 66°44'04" West 463.00 feet to northwesterly line of said Parcel 1 and the beginning of a non -tangent curve concave northerly having a radius of 5604.65 feet, a radial line to said beginning bears South 07°41'04" East; thence westerly 22.45 feet along said curve through a central angle of 00°13'46; thence South 49°07'06" East 70.23 feet; thence South 22°29'22" West 19.00 feet; thence South 67°30'38" East 204.28 feet; thence North 80°05'07" East 33.59 feet; thence South 67°30'38" East 140.00 feet to the Point of Beginning. Containing 17,556 square feet M:12PTG0105011SURVEYILEGALS\22101_APN_101-170-041_AT&SRLEGALS\22101-1.doc 1 /3/2014 Page 1 of 3 PS OMAS Parcel No. 2 Permanent Aerial Easement In the City of Corona, County of Riverside, State of California, being a portion of the Rancho La Sierra Yorba allotted to Concepcion Serrano de Yorba and Maria Jesus Shorb by Final Decree of Partition entered January 16, 1878, in the District Court of the 17th Judicial District of said State, in and for the County of Los Angeles, Case No. 31110, a certified copy of said Final Decree being recorded July 16, 1878, in Book "U" of Deeds, Page 239, Records of San Bernardino County, described as follows: Beginning at the "TRUE POINT OF BEGINNING" of Parcel No. 1 (State Parcel No. 2158-3) as described in the Deed recorded March 4, 1981 as Instrument No. 38035 of said Official Records; thence along the southerly line of said Parcel 1 the following four (4) courses: 1) South 79°21'32" West 47.07 feet; thence 2) South 80°30'04" West 170.37 feet to the beginning of a non -tangent curve concave northerly having a radius of 5854.65 feet, a radial line to said beginning bears South 08°56'49" East; thence 3) westerly 250.58 feet along said curve through a central angle of 02°27'08" to the True Point of Beginning; thence 4) continuing westerly 21.98 feet along said curve through a central angle of 00°12'54"; thence leaving said southerly line, on a non -tangent line, North 67°06'20" West 228.10 feet to the beginning a curve concave southwesterly and having a radius of 4397.00 feet; thence northwesterly 360.55 feet along said curve through a central angle of 04°41'53" to the prolongation of the northerly line of said Parcel No. 1; thence along said prolongation, North 88°07'27" East 85.40 feet; thence leaving said prolongation, South 67°30'38" East 195.64 feet; thence North 82°57'09" East 34.48 feet; thence South 67°30'38" East 232.00 feet; thence South 22°29'22" West 31.00 feet; thence South 67°30'38" East 72.15 feet to the True Point of Beginning. MA2PTG0105011SURVEYU.EGALS122101_APN_I01-170-041_AT&SF\LEGALS122101-1.doc 1/3/2014 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS Containing 17,222 square feet. See Exhibit `A2' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476, Prepared under the direction of /-OS- /4- Brian E. Bullock, PLS 5260 Date M:\2PTG010501 \SURVEY\LEGALS\22101_APN_101-170-041_AT&SF\LEGALS\22101-1.doc 1/3/2014 Page 3 of 3 EXHIBIT A2 INDEX 22101-1 !PARCEL NO. 1 SEE SHEET 2 AT & S PARCEL MAP No- 30911 PM 207 / 12- 17 22101 -1 PARCEL NO. 2 SEE SHEET 2 LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing < ) Title to State 1 1 1 1 1 Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. 22101-1 PERMANENT AERIAL EASEMENT FEET 0 150 300 600 900 PREPARED BY: PS O M A S DATE: 11-26-12 REV. 2 01-03-14 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 3 Hutton Centre Drive, Ste. 200 Santa Ana, California 92707 (714)751-7373/(714)545-8883 (Fax) 8 RIV 91 2.9 1 2 EXHIBIT A2 PARCEL# TITLE AREA APN 22101-1 PCL 1 PAE 17556 SQ.FT. 101-170-041 221 01 -1 PCL 2 PAE 17222 SQ.FT. 101 -1 70-041 CURVE DATA LINE DATA LINE DATA DELTA RADIUS LENGTH BEARING DISTANCE BEARING DISTANCE C1 C2 C3 C4 00°13'46" 02°27'08" 00°12'54" 04°41'53" 5604.65' 5854.65' 5854.65' 4397.00' 22.45' 250.58' 21.98' 360.55 L1 L2 L3 L4 N79°21'32"E N66°44'04"W S49°07'06"E 522°29'22"W 51.47' 463.00' 70.23' 19.00' L10 L11 L12 L13 N67°06'20"W N88°07'27"E 567°30'38"E N82°57'09"E 228.10' 85.40' 195.64' 34.48' L5 L6 L7 567°30'38"E N80°05'07"E 567°30'38"E 204.28' 33.59' 140.00' L14 L15 L16 567°30'38"E 522°29'22"W 567°30'38"E 232.00' 31.00' 72.15' L8 L9 579°21'32"W 580°30'04"W 47.07' 170.37' PARCEL 1 INST. NO. 38035 O.R. Rp�T, REC'D 3-4-81 PARCEL NO. 1 `9� Rf Spy° 221 01 -1 '9 IrFRS foF 4 04 L11 L3 . �� ------ (B - 5591 O. - _ 9 -_:. AT & SF C4 __�--�=�=� , - ` , _- J 4s- ` -------- G74 _ v8 _ `--, 1 j 1 A- PG. 226, O.R.) �' G� p r<<I6 �9 P.O.B. i ' L8�II C2 S L1 PARCEL NO. 1 &t. PARCEL NO. 2\ -- PARCEL NO. 2 )�J� PARCEL N0. 2 w w ST jpvlfvF�s� ASS �) I I PARCEL - N N a, N 1\1r FRFF�gY . 309 1 1 1-P1V1 207 °,1) / 1 2- 1 1 LEGEND N Lo (n POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( )Title to State IIIIIIAccess Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 1 0 1- 1 PERMANENT AERIAL EASEMENT distances. All distances are in feet unless otherwise noted. ' FEET 0 100 200 400 600 PREPARED BY: DATE: 11-26-12 REV. 2: 01-03-14 EA: OF540 FAtt: PSOMAS 3 Hutton Centre Drive, Ste. 200Santa DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS (714)751Ana, 7373/(714)545-8883 (Fox) 8 R I V 91 2.8 2 2 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS EXHIBIT `Bl' LEGAL DESCRIPTION Caltrans Parcel No. 22101-2 APN 101-170-041 In the City of Corona, County of Riverside, State of California, being a portion of the Rancho La Sierra Yorba allotted to Concepcion Serrano de Yorba and Maria Jesus Shorb by Final Decree of Partition entered January 16, 1878, in the District Court of the 17th Judicial District of said State, in and for the County of Los Angeles, Case No. 31110, a certified copy of said Final Decree being recorded July 16, 1878, in Book "U" of Deeds, Page 239, Records of San Bernardino County, being twenty-five (25) parcels described as follows: Parcel 1 Permanent Footing Easement Beginning at the "TRUE POINT OF BEGINNING" of Parcel No. 1 (State Parcel No. 2158-3) as described in the Deed recorded March 4, 1981 as Instrument No. 38035 of Official Records of said Riverside County; thence along the northeasterly line of said Parcel No. 1 North 67°30'38" West 86.32 feet to the True Point of Beginning; thence leaving said northeasterly line South 81°53'44" West 62.58 feet; thence North 67°14'58" West 19.50 feet; thence South 81 °53'44" West 128.82 feet to a point hereinafter referenced as Point "A"; thence North 08°06'16" West 7.50 feet; thence North 81°53'44" East 116.26 feet; thence South 67°14'58" East 0.97 feet; thence North 81°53'44" East 101.34 feet; thence South 67°06'21" East 74.81 feet; thence North 22°53'39" East 9.17 feet; thence South 67°06'21" East 16.50 feet; thence South 22°53'39" West 9.17 feet; thence South 67°06'21" East 24.01 feet to a point on the easterly prolongation of the southeasterly line of said Parcel No. 1 (State Parcel No. 2158-3); thence South 79°21'32" West 28.51 feet along said prolongation to a point thereon; thence North 67°06'21" West 84.76 feet; thence South 81 °53'44" West 8.02 feet to the True Point of Beginning. PA 2PTG010501\SURVEY\LEGALS\22101_APN_101-170-041\Legals\22101-2-Footing Esmt-CDO.doc Page 1 of 12 1/6/2014 PSOMAS Containing 4,107 square feet. Parcel 2 Permanent Footing Easement Beginning at said Point "A" of Parcel 1 as said parcel is described herein; thence South 76°09'52" West 32.32 feet to the True Point of Beginning; thence South 84°11'11" West 166.19 feet; thence South 05°54'19" East 9.79 feet; thence South 84°13'01" West 59.77 feet; thence South 22°53'39" West 8.99 feet; thence North 67°06'21" West 33.47 feet; thence North 22°53'39" East 10.06 feet; thence North 84°05'47" East 240.85 feet; thence South 67°06'21" East 15.89 feet to the True Point of Beginning. Containing 2,785 square feet. Parcel 3 Permanent Footing Easement Beginning at the "TRUE POINT OF BEGINNING" of Parcel No. 1 (State Parcel No. 2158-3) as described in the Deed recorded March 4, 1981 as Instrument No. 38035 of Official Records of said Riverside County; thence along the northeasterly line of said Parcel No. 1 the following three (3) courses: 1) North 67°30'38" West 140.00 feet ; thence 2) South 80°05'07" West 33.59 feet; thence 3) North 67°30'38" West 27.49 feet to the True Point of Beginning; thence leaving said northeasterly line, South 81 °59'50" West 30.53 feet to a point hereinafter referenced as Point `B"; thence North 08°00'10" West 22.00 feet; thence North 81°59'50" East 71.00 feet; thence South 08°00'10" East 22.00 feet; thence South 81 °59'50" West 40.47 feet to the True Point of Beginning. Containing 1,562 square feet. PA\2PTG010501\ SURVEY \LEGALS\22101_APN_101-1.70-041\Lega►s\22101-2-Footing Esmt-CDO.doc Page 2 of 12 1/6/2014 PS OMAS Parcel 4 Permanent Footing Easement Beginning at said Point `B" of Parcel 3 as said parcel is described herein; thence South 18°04'29" West 6.68 feet to the True Point of Beginning; thence South 81°59'50" West 20.00 feet to a point hereinafter referenced as Point "C"; thence North 08°00' 10" West 20.00 feet; thence North 81°59'50" East 20.00 feet; thence South 08°00'10" East 20.00 feet to the True Point of Beginning. Containing 400 square feet. Parcel 5 Permanent Footing Easement Beginning at said Point "C" of Parcel 4 as said parcel is described herein; thence South 81°59'50" West 15.00 feet to the True Point of Beginning; thence South 81°59'50" West 20.00 feet to a point hereinafter referenced as Point "D"; thence North 08°00'10" West 20.00 feet; thence North 81°59'50" East 20.00 feet; thence South 08°00'10" East 20.00 feet to the True Point of Beginning. Containing 400 square feet. Parcel 6 Permanent Footing Easement Beginning at said Point "D" of Parcel 5 as said parcel is described herein; thence South 81°59'50" West 15.00 feet to the True Point of Beginning; thence South 81°59'50" West 40.00 feet to a point hereinafter referenced as Point "E"; thence North 08°00'10" West 20.00 feet; thence North 81°59'50" East 40.00 feet; thence South 08°00'10" East 20.00 feet to the True Point of Beginning. PAI2PTG010501\ SURVEY \LEGALS\22101_APN_101-170-041\Legals\22101-2-Footing Esmt-CDO.doc Page 3 of 12 1/6/2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 PS OMAS Containing 800 square feet. Parcel 7 Permanent Footing Easement Beginning at said Point "E" of Parcel 6 as said parcel is described herein; thence South 82°10'19" West 16.26 feet to the True Point of Beginning; thence South 84°07'25" West 20.00 feet to a point hereinafter referenced as Point "F"; thence North 05°52'35" West 20.00 feet; thence North 84°07'25" East 20.00 feet; thence South 05°52'35" East 20.00 feet to the True Point of Beginning. Containing 400 square feet. Parcel 8 Permanent Footing Easement Beginning at said Point "F" of Parcel 7 as said parcel is described herein; thence South 84°07'25" West 7.67 feet to the True Point of Beginning; thence South 84°07'25" West 20.00 feet to a point hereinafter referenced as Point "G"; thence North 05°52'35" West 20.00 feet; thence North 84°07'25" East 20.00 feet; thence South 05°52'35" East 20.00 feet to the True Point of Beginning. Containing 400 square feet. Parcel 9 Permanent Footing Easement Beginning at said Point "G" of Parcel 8 as said parcel is described herein; thence South 84°07'25" West 16.84 feet to the True Point of Beginning; thence South 84°07'25" West 20.00 feet to a point hereinafter referenced as Point "H"; thence North 05°52'35" West PA\2PTG010501\ SURVEY \LEGALS\22101_APN_101-170-041\Legals\22101-2-Footing Esmt-CDO.doc Page 4 of 12 1/6/2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS 20.00 feet; thence North 84°07'25" East 20.00 feet; thence South 05°52'35" East 20.00 feet to the True Point of Beginning. Containing 400 square feet. Parcel 10 Permanent Footing Easement Beginning at said Point "H" of Parcel 9 as said parcel is described herein; thence South 84°07'25" West 13.25 feet to the True Point of Beginning; thence South 84°07'25" West 20.00 feet to a point hereinafter referenced as Point "I"; thence North 05°52'35" West 20.00 feet; thence North 84°07'25" East 20.00 feet; thence South 05°52'35" East 20.00 feet to the True Point of Beginning. Containing 400 square feet. Parcel 11 Permanent Footing Easement Beginning at said Point "I" of Parcel 10 as said parcel is described herein; thence South 84°07'25" West 13.25 feet to the True Point of Beginning; thence South 84°07'25" West 37.50 feet to a point hereinafter referenced as Point "J"; thence North 05°52'35" West 20.00 feet; thence North 84°07'25" East 37.50 feet; thence South 05°52'35" East 20.00 feet to the True Point of Beginning. Containing 750 square feet. P:\2PTG010501\SURVEY\LEGALS\22101 APN_101-170-041\Legals\22101-2-Footing Esmt-CDO.doc Page 5 of 12 1/6/2014 PS OMAS Parcel 12 Permanent Footing Easement Beginning at said Point "J" of Parcel 11 as said parcel is described herein; thence South 84°07'25" West 22.00 feet to the True Point of Beginning; thence South 84°07'25" West 20.00 feet to a point hereinafter referenced as Point "K"; thence North 05°52'35" West 20.00 feet; thence North 84°07'25" East 20.00 feet; thence South 05°52'35" East 20.00 feet to the True Point of Beginning. Containing 400 square feet. Parcel 13 Permanent Footing Easement Beginning at said Point "K" of Parcel 12 as said parcel is described herein; thence South 76°49'25" West 9.91 feet to the True Point of Beginning; thence South 84°07'25" West 71.00 feet; thence North 05°52'35" West 22.00 feet; thence North 84°07'25" East 71.00 feet; thence South 05°52'35" East 22.00 feet to the True Point of Beginning. Containing 1,562 square feet. Parcel 14 Permanent Footing Easement Beginning at the "TRUE POINT OF BEGINNING" of Parcel No. 1 (State Parcel No. 2158-3) as described in the Deed recorded March 4, 1981 as Instrument No. 38035 of Official Records of said Riverside County; thence along the northeasterly line of said Parcel No. 1 the following three (3) courses: 1) North 67°30'38" West 140.00 feet; thence 2) South 80°05'07" West 33.59 feet; thence 3) North 67°30'38" West 150.63 feet to the True Point of Beginning; PA2PTG010501\SURVEY1LEGALS\22101_APN_101-170-041\Legals\22101-2-Footing Esmt-CDO.doc Page 6 of 12 1/6/2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS thence leaving said northeasterly line, South 80°01'00" West 28.02 feet to a point hereinafter referenced as Point "L"; thence North 09°59'00" West 22.00 feet; thence North 80°01'00" East 71.00 feet; thence South 09°59'00" East 22.00 feet; thence South 80°01'00" West 42.98 feet to the True Point of Beginning. Containing 1,562 square feet. Parcel 15 Permanent Footing Easement Beginning at said Point "L" of Parcel 14 as said parcel is described herein; thence North 81°41'21" West 28.53 feet to the True Point of Beginning; thence South 82°00'53" West 40.00 feet to a point hereinafter referenced as Point "M"; thence North 07°59'07" West 20.00 feet; thence North 82°00'53" East 40.00 feet; thence South 07°59'07" East 20.00 feet to the True Point of Beginning. Containing 800 square feet. Parcel 16 Permanent Footing Easement Beginning at said Point "M" of Parcel 15 as said parcel is described herein; thence South 82°04'46" West 14.99 feet to the True Point of Beginning; thence South 81 °59'50" West 20.00 feet to a point hereinafter referenced as Point "N"; thence North 08°00'10" West 20.00 feet; thence North 81°59'50" East 20.00 feet; thence South 08°00'10" East 20.00 feet to the True Point of Beginning. Containing 400 square feet. PA2PTG0105011SURVEYU.EGALS122101 APN_101-170-041\Legals122101-2-Footing Esmt-CDO.doc Page 7 of 12 1/6/2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS Parcel 17 Permanent Footing Easement Beginning at said Point "N" of Parcel 16 as said parcel is described herein; thence South 80°45'41" West 15.38 feet to the True Point of Beginning; thence South 84°07'25" West 20.00 feet to a point hereinafter referenced as Point "O"; thence North 05°52'35" West 20.00 feet; thence North 84°07'25" East 20.00 feet; thence South 05°52'35" East 20.00 feet to the True Point of Beginning. Containing 400 square feet. Parcel 18 Permanent Footing Easement Beginning at said Point "O" of Parcel 17 as said parcel is described herein; thence South 84°05'03" West 18.14 feet to the True Point of Beginning; thence South 84°07'25" West 20.00 feet to a point hereinafter referenced as Point "P"; thence North 05°52'35" West 20.00 feet; thence North 84°07'25" East 20.00 feet; thence South 05°52'35" East 20.00 feet to the True Point of Beginning. Containing 400 square feet. Parcel 19 Permanent Footing Easement Beginning at said Point "P" of Parcel 18 as said parcel is described herein; thence South 84°04'57" West 16.72 feet to the True Point of Beginning; thence South 84°07'25" West 20.00 feet to a point hereinafter referenced as Point "Q"; thence North 05°52'35" West 20.00 feet; thence North 84°07'25" East 20.00 feet; thence South 05°52'35" East 20.00 feet to the True Point of Beginning. PA2PTG010501\SURVEY\LEGALS\22101_APN_101-170-041\Lega1s122101-2-Footing Esmt-CDO.doc Page 8 of 12 1/6/2014 PS OMAS Containing 400 square feet. Parcel 20 Permanent Footing Easement Beginning at said Point "Q" of Parcel 19 as said parcel is described herein; thence South 84°04'35" West 13.25 feet to the True Point of Beginning; thence South 84°07'25" West 20.00 feet to a point hereinafter referenced as Point "R' ; thence North 05°52'35" West 20.00 feet; thence North 84°07'25" East 20.00 feet; thence South 05°52'35" East 20.00 feet to the True Point of Beginning. Containing 400 square feet. Parcel 21 Permanent Footing Easement Beginning at said Point "R" of Parcel 20 as said parcel is described herein; thence South 84°05'16" West 22.00 feet to the True Point of Beginning; thence South 84°07'25" West 20.00 feet to a point hereinafter referenced as Point "S' ; thence North 05°52'35" West 20.00 feet; thence North 84°07'25" East 20.00 feet; thence South 05°52'35" East 20.00 feet to the True Point of Beginning. Containing 400 square feet. Parcel 22 Permanent Footing Easement Beginning at said Point "S" of Parcel 21 as said parcel is described herein; thence South 84°04'35" West 13.25 feet to the True Point of Beginning; thence South 84°07'25" West 20.00 feet to a point hereinafter referenced as Point "T"; thence North 05°52'35" West PA2PTG010501\SURVEYILEGALS\22101_APN_101-170-041\Legals\22101-2-Footing Esmt-CDO.doc Page 9 of 12 1/6/2014 PS OMAS 20.00 feet; thence North 84°07'25" East 20.00 feet; thence South 05°52'35" East 20.00 feet to the True Point of Beginning. Containing 400 square feet. Parcel 23 Permanent Footing Easement Beginning at said Point "T" of Parcel 22 as said parcel is described herein; thence South 84°05'16" West 22.00 feet to the True Point of Beginning; thence South 84°07'25" West 18.99 feet; thence South 05°54'03" East 7.99 feet; thence South 84°05'56" West 71.00 feet; thence North 05°54'03" West 22.00 feet; thence North 84°05'57" East 70.00 feet; thence North 05°52'35" West 5.99 feet; thence North 84°07'25" East 20.00 feet; thence South 05°52'35" East 20.00 feet to the True Point of Beginning. Containing 1,948 square feet. Parcel 24 Permanent Footing Easement Beginning at the "TRUE POINT OF BEGINNING" of Parcel No. 1 (State Parcel No. 2158-3) as described in the Deed recorded March 4, 1981 as Instrument No. 38035 of Official Records of said Riverside County; thence along the northeasterly line of said Parcel No. 1 the following five (5) courses: 1) North 67°30'38" West 140.00 feet; thence 2) South 80°05'07" West 33.59 feet; thence 3) North 67°30'38" West 204.28 feet; thence 4) North 22°29'22" East 19.00 feet; thence 5) North 49°07'06" West 0.49 feet to the True Point of Beginning; thence leaving said northeasterly line, thence South 81°59'16" West 61.63 feet; thence North 67°06'21" West 0.65 feet; thence South 81°59'16"West 137.78 feet to a point PA2PTG010501\ SURVEY \LEGALS\22101_APN_101-170-041\Legals\22101-2-Footing Esmt-CDO.doc Page 10 of 12 1/6/2014 1 2 3 4 5 6 7 8 9 10 I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS hereinafter referenced as Point "U"; thence North 13°25'42" West 7.16 feet; thence North 82°02'27" East 126.49 feet; thence North 08°00'44" West 9.66 feet; thence North 81°59'16" East 60.29 feet; thence North 23°23'44" East_4.72 feet; thence North 66°36'22" West 60.86 feet to a point on the northerly line of said Parcel No. 1, said point being further described as the beginning of a non -tangent curve concave northerly having a radius of 5,604.65 feet, to which point a radial line bears South 07°16'34" East; thence easterly along said northerly line, the easterly prolongation thereof, and said curve 22.14 feet through a central angle of 00°13'35"; thence South 66°36'22" East 80.19 feet; thence South 23°23'38" West 12.55 feet; thence South 81°59'16" West 20.70 feet to the True Point of Beginning. Containing 3,337 square feet. Parcel 25 Permanent Footing Easement Beginning at said Point "U" of Parcel 24 as said parcel is described herein; thence South 89°50'39" West 56.85 feet to the True Point of Beginning; thence South 84°05'47" West 151.52 feet; thence South 05°54'54" East 0.45 feet; thence South 84°05'47" West 100.57 feet to the beginning of a non -tangent curve concave southwesterly having a radius of 4,407.58 feet to which point a radial line bears North 20°39'33" East; thence northwesterly along said curve 34.02 feet through a central angle of 00°26'32"; thence North 20°17'17" East 11.00 feet; thence South 69°39'59" East 18.01 feet; thence North 84°05'06" East 79.90 feet; thence South 67°06'56" East 18.83 feet; thence North 84°05'47" East 165.17 feet; thence South 05°54'13" East 7.50 feet to the True Point of Beginning. Containing 3,016 square feet. See Exhibit 132' attached hereto and made a part hereof. PA2PTG010501\ SURVEY \LEGALS\22101_APN_I01-170-041\Legals\22101-2-Footing Esmt-CDO.doc Page 11 of 12 1/6/2014 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, and 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. Prepared under the direction of Brian E. Bullock, PLS 5260 Date /- 6 1¢ PA\2PTG010501\SURVEY\LEGALS\22101_APN_101-170-041\Legals\22101-2-Footing Esmt-CDO.doc Page 12 of 12 1/6/2014 EXHIBIT B2 VICINITY MAP 22101-2 PARCELS 1-25 SEE SHEETS 3,4,5&6 • AT & SF PARCEL MAP NO. 30911 PM 207 / 12- 17 SEE SHEET 7 FOR PARCEL INFORMATION AND AREAS LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing C )Title to State 1 1 1 1 1 Access Prohibited 19420 M.S. 63-65 RIVE- —"-'A-P�ow - .._ RSI4-E FREE-�I,q Y` --- NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. 22101-2 PERMANENT FOOTING EASEMENT FEET 0 400 800 1600 2400 PREPARED BY: P SOMA S DATE: 11-26-12 REV.: 01-06-14 EA: FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 3 Hu+ton Centre Drive, Ste. 200 Santa Ana, California 92707 (714)751-7373/(714)545-8883 (Fax) 8 RIV 91 2.9 1 7 EXHIBIT B2 SHEET INDEX R00TF 97 PARCEL NO. 1 INST. NO. 38035 O.R. REC"D 3-4-81 r Rf�FRSj�F SEE SHEET 6 FOR DETAIL "D" AT & SF� T.P.O.B.�—'-, PARCEL 25 -1 (BK 559, PG. 226, O.R.); r rr rr rf rr r T.P.O.B. PARCEL 4 iI I I SEE SHEET 4 FOR DETAIL 'B F R4,44Y SEE SHEET 5 FOR DETAIL " -s t �i • 0 0 — ,1 96111111116 ONS T.P.O.B. PARCEL 14 „ LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( ) Title to State IIIIIIAccess Prohibited T.P.O.B. PARCEL 2 goo R, /4' 97 SEE SHEET 3 FOR DETAIL "A" _ AT & SF ---- (BK. 559,---- PG. 226, O.R.) ARCEL 1 \ T.P.O.B. S2 PARCEL NO. 1 (INST. 38035) PARR I MAF NO., 30911 PM 201 / 1 2 11 F, %Yq r .\ 0 0 0 NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. 22101-2 PERMANENT FOOTING EASEMENT FEET 0 100 200 400 600 PREPARED BY: PS O M A S DATE: 11-26-12 REV.: 01-06-14 EA: FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 3 Hutton Centre Drive, Ste. 200 Santa Ana, California 92707 (714)7Si-7373/(714)545-8883 (Fax) 8 RIV 91 2.9 2 7 EXHIBIT B2 DETAIL "A" L42 v PT. w ,.E„ w. V) N ▪ • �09 F \ C06 Csj . PCL 5 PCL 6 L40 L39 r� T.P.O.B. D. T.P.O. PCL 6 PCL 5 L1T_1 PT. "A" 97 \ \ \ \ \ \ \ PCL A L31 LS(. o ..PT. "B" PCL 3 J L33 L39 35 L34 C PT. T.P.O.B. 8 L27 C. L6 PCL 4 _.,---L7 4'19Sfo DSO F X` 'QF, LINE DATA BEARING DISTANCE L1 N67°30'38"W 86.32' L2 581°53'44"W 62.58' L3 N67°14'58"W 19.50' L4 581°53'44"W 128.82' L5 N08°06'16"W 7.50' L6 N81 °53'44"E 116.26' L7 567°14'58"E 0.97' L8 N81°53'44"E 101.34' L9 567°06'21"E 74.81' LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing Title to State I I I I Access Prohibited () AT & SF R.R. Raw (BK. 5599 PG. 226, O°R•) T.P.O.B. T.P.O.B. <26 PCL 1 T.P.O.B. PARCEL NO. 1 (INST. 38035) LINE DATA BEARING DISTANCE L10 N22°53'39"E 9.17' L11 S67°06'21"E 16.50' L12 522°53'39"W 9.17' L13 S67°06'21"E 24.01' L14 S79°21'32"W 28.51' L15 N67°06'21"W 84.76' L1 6 581 ° 53'44"W 8.02' L17 576°09'52"W 32.32' L26 N67°30'38"W 140.00' L27 580°05'07"W 33.59' L28 N67°30'38"W 27.49' L29 S81°59'50"W 30.53' L30 N08°00'10"W 22.00' L31 N81°59'50"E 71.00' L32 508°00'10"E 22.00' L33 581°59'50"W 40.47' L14 LINE DATA BEARING DISTANCE L34 S18°04'29"W 6.68' L35 S81°59'50"W 20.00' L36 N08°00'10"W 20.00' L37 N81°59'50"E 20.00' L38 S08°00'10"E 20.00' L39 S81°59'50"W 15.00' L40 S81°59'50"W 40.00' 1_41 N81°59'50"E 40.00' L42 582°10'19"W 16.26' L57 N67°30'38"W 150.63' L58 S80°01'00"W 28.02' L59 N09°59'00"W 22.00' L60 N80°01'00"E 71.00' L61 S09°59'00"E 22.00' L62 580°01'00"W 42.98' L63 N81°41'21"W 28.53' L86 N67°30'38"W 204.28' NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances ore in feet unless otherwise noted. 22101-2 PERMANENT FOOTING EASEMENT FEET 0 25 50 100 150 PREPARED BY: PS O M A S DATE: 11-26-12 REV.: 01-06-14 EA: FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 3 Hutton Centre Drive Ste. 200 Santa Ana, California 92707 (714)751-7373/(714)545-8883 (Fax) 8 RIV 91 2.9 3 7 EXHIBIT B2 SEE SHEET 6 L55 PCL 12 P PCL 1 1 P 10 PCL 9 _ PCL B PCL 7 c �LV7 13' J � J L53 `152 \ T.P.O.B.T.P.0.8. PCL 13 ,Qo DETAIL "B" 6 oTF ; ,Pf`F�s jo F SEE SHEET 5 1 I 11. L48 L48 PT. ' J PT. I T.P.O.B. T.P.O.B. \ v \_ \PCL 12 PCL 11 '\ PCL 2 r ,.. z, , ......... .., ,, L20 \` FFit4y 147 PT. "G" PT. "F T.P.O.B. T.P.O.B. PCL 10 PCL 9 PCL 8 L24 T. H T.P.O.B. L18 AT & SF R.R. R/W (BK. 559, PG. 226, O.R.) 1 1 L42 PCL 6 PT. "E" PCL 7 T.P.O.B. PCL 2 9 I I I M 1-- w w 1n w w 17_ _ PT. LINE DATA BEARING DISTANCE L17 576°09'52"W 32.32' L18 584°11'11"W 166.19' L19 505°54'19"E 9.79' L20 584°13'01"W 59.77' L21 522°53'39"W 8.99' L22 N67°06'21"W 33.47' L23 N22°53'39"E 10.06' L24 N84°05'47"E 240.85' L25 567°06'21"E 15.89' LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( )Title to State 1 1 1 1 1 Access Prohibited LINE DATA BEARING DISTANCE L42 582°10'19"W 16.26' L43 584°07'25"W 20.00' L44 N05°52'35"W 20.00' L45 N84°07'25"E 20.00' L46 505°52'35"E 20.00' L47 584°07'25"W 16.84' L48 584°07'25"W 13.25' L49 584°07'25"W 37.50' LINE DATA BEARING DISTANCE L50 N84°07'25"E 37.50' L51 584°07'25"W 22.00' L52 576°49'25"W 9.91' L53 584°07'25"W 71.00' L54 N05°52'35"W 22.00' L55 N84°07'25"E 71.00' L56 505°52'35"E 22.00' L116 584°07'25"W 7.67' NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. 22101-2 PERMANENT FOOTING EASEMENT FEET 0 25 50 100 150 PREPARED BY: PS O M A S DATE: 11-26-12 REV.: 01-06-14 EA: FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 3 Hutton Centre Drive, Ste. 200 Santa Ana, California 92707 (714)751-7373/17141545-8883 (Fax) 8 RIV 91 2.9 4 7 EXHIBIT B2 DETAIL "C" CURVE DATA DELTA RADIUS LENGTH C1 00°13'35" 5604.65' 22.14' 7Is rF PCL 25 SEE SHEET 6 PCL 22 L80 i_ 4 -6-1-i 06 -� PCL 21 PCL 20 PCL 19 PT. "S" T.P.O.B. PCL 21 _L81 PT. "0" PCL 20 PCL 19 LINE DATA BEARING DISTANCE L63 N81°41'21"W 28.53' L64 582°00'53"W 40.00' L65 N07°59'07"W 20.00' L66 N82°00'53"E 40.00' L67 S07°59'07"E 20.00' L68 582°04'46"W 14.99' L69 S81°59'50"W 20.00' L70 N08°00'10"W 20.00' L71 N81°59'50"E 20.00' 44,45.)p AT E SF R R S10� (BK. R. . R/w (,�� l F�FFq, 55g, PG" 226, O.R.) � L9� �}' L97 �) PCL 24 L93 L95 L94-� P 18 PCL 17 PC_ 16 PCL 15 PT. "P" T.P.O.B. PCL 18 LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing Title to State 1 1 1 1 1 Access Prohibited L73 L.' L68 PT. "N" T.P.O.B. PCL 17 SEE SHEET 4 PT. "M" T.P.O.B. PCL 16 LINE DATA BEARING DISTANCE L72 508°00'10"E 20.00' L73 S80°45'41"W 15.38' L74 584°07'25"W 20.00' L75 N05°52'35"W 20.00' L76 N84°07'25"E 20.00' L77 S05°52'35"E 20.00' L78 S84°05'03"W 18.14' L79 S84°04'57"W 16.72' L80 S84°04'35"W 13.25' L81 584°05'16"W 22.00' L86 N67°30'38"W 204.28' L91 N22°29'22"E 19.00' L92 w w L105 �p w w T.P.O.B. PCL 24 .,` PCL 14 C 63 T.P.0.6. PT. , L,.C86 PCL 15 LINE DATA BEARING DISTANCE L92 N49°07'06"W 0.49' L93 S81°59'16"W 61.63' L94 N67°06'21"W 0.65' L95 S81°59'16"W 137.78' L96 N13°25'42"W 7.16' L97 N82°02'27"E 126.49' L98 N08°00'44"W 9.66' L99 N81°59'16"E 60.29' L100 N23°23'44"E 4.72' L101 N66°36'22"W 60.86' L103 S66°36'22"E 80.19' L104 523°23'38"W 12.55' L105 S81°59'16"W 20.70' L106 S89°50'39"W 56.85' NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. 22101-2 PERMANENT FOOTING EASEMENT FEET 0 25 50 100 150 PREPARED BY: P SOMA S DATE: 11-26-12 REV.: 01-06-14 EA: FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 3 Hutton Centre Drive, Ste. 200 Santa Ana, California 92707 (714)751-7373/(714)545-8883 (Fax) 8 RIV 91 2.9 5 7 EXHIBIT B2 DETAIL "D" L112 `\ L109 i �, �L108 ofi - \\ v1 L87 wl w \ o1 1 \ ` �° of VI \ O°� PCL` 2t"-. M( of c' l \ NI ON( \ z( Zi �\ AT & SF R.R. R/Vy (BK. 559, PG. 226, O.R.) PCL 25 L114 /PO& 9� 9S R Sf�F LINE DATA BEARING DISTANCE L74 584°07'25"W 20.00' L75 N05°52'35"W 20.00' L76 N84°07'25"E 20.00' L77 S05°52'35"E 20.00' L80 584°04'35"W 13.25' L82 584°05'16"W 22.00' L83 S84°07'25"W 18.99' L84 S05°54'03"E 7.99' L85 584°05'56"W 71.00' LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( ) Title to State 1 1 1 1 1 Access Prohibited L85 J' L107 T.P.O.B. L89 PC P2225 PCL 21 c OOI L83 L82 PT. "T T.P.O.B T.P.O.B. PCL 22 PCL 23 180 PT. "S" 6-06-6 FF�4l- PCL 24 in PT. "U' w PCL 20 PC__ 19 = 1 in 'w w , PCL 13' LINE DATA BEARING DISTANCE L86 N05°54'03"W 22.00' L87 N84°05'57"E 70.00' L88 N05°52'35"W 5.99' L89 N84°07'25"E 20.00' L106 589°50'39"W 56.85' L107 584°05'47"W 151.52' L108 S05°54'54"E 0.45' \ PCL 12 LINE DATA BEARING DISTANCE L109 584°05'47"W 100.57' L1 1 0 N20° 1 7'1 7"E 1 1 .00' L111 569°39'59"E 18.01' L112 N84°05'06"E 79.90' L113 567°06'56"E 18.83' L114 N84°05'47"E 165.17' L115 S05°54'13"E 7.50' CURVE DATA DELTA RADIUS LENGTH C2 00°26'32" 4407.58' 34.02' SEE SHEET 4 NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. 22101-2 PERMANENT FOOTING EASEMENT FEET 0 25 50 100 150 PREPARED BY: PSOMAS DATE: 11-26-12 REV.: 01-06-14 EA: FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 3 Hutton Centre Drive, Ste. 200 Santa Ana, California 92707 (714)751-7373/(714)545-B8U (Fax) 8 RIV 91 2.9 6 7 EXHIBIT B2 PARCEL* TITLE AREA APN 22101 -2 PCL 1 ESMT 4107 SQ.FT. 1 01 -1 70-041 22101-2 PCL 2 ESMT 2785 SQ.FT. 101-170-041 22101 -2 PCL 3 ESMT 1 562 SQ.FT. 1 01 -1 70-041 22101-2 PCL 4 ESMT 400 SQ.FT. 101-170-041 221 01 -2 PCL 5 ESMT 400 SQ.FT. 1 01 -1 70-041 22101-2 PCL 6 ESMT 800 SQ.FT. 101-170-041 221 01 -2 PCL 7 ESMT 400 SQ.FT. 1 01 -1 70-041 22101-2 PCL 8 ESMT 400 SQ.FT. 101-170-041 22101 -2 PCL 9 ESMT 400 SQ.FT. 1 01 -1 70-041 22101-2 PCL 10 ESMT 400 SQ.FT. 101-170-041 221 01 -2 PCL 11 ESMT 750 SQ.FT. 1 01 -1 70-041 22101-2 PCL 12 ESMT 400 SQ.FT. 101-170-041 22101-2 PCL 13 ESMT 1562 SQ.FT. 101-170-041 22101-2 PCL 14 ESMT 1562 SQ.FT. 101-170-041 22101-2 PCL 15 ESMT 800 SQ.FT. 101-170-041 22101-2 PCL 16 ESMT 400 SQ.FT. 101-170-041 22101-2 PCL 17 ESMT 400 SQ.FT. 101-170-041 22101-2 PCL 18 ESMT 400 SQ.FT. 101-170-041 22101-2 PCL 19 ESMT 400 SQ.FT. 101-170-041 22101-2 PCL 20 ESMT 400 SQ.FT. 101-170-041 22101-2 PCL 21 ESMT 400 SQ.FT. 101-170-041 22101-2 PCL 22 ESMT 400 SQ.FT. 101-170-041 22101-2 PCL 23 ESMT 1948 SQ.FT. 101-170-041 22101-2 PCL 24 ESMT 3337 SQ.FT. 101-170-041 22101-2 PCL 25 ESMT 3016 SQ.FT. 101-170-041 LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( )Title to State llilll Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. 2 2 1 0 1- 2 PERMANENT FOOTING EASEMENT PREPARED BY: DATE: 11-26-12 REV.: 01-06-14 EA: FA#: PSOMAS 3 Hutton Centre Drive, Ste. 200 DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS Santa (714)751Ana, 7373/(714)54598883 (Fax) 8 R I V 91 2. 9 7 7 EXHIBIT C To East Prado Overhead Construction and Maintenance Agreement CONTRACTOR REQUIREMENTS EAST PRADO OVERHEAD CONSTRUCTION AND MAINTENANCE AGREEMENT 1.01 General: • 1.01.01 The Contractor must cooperate with BNSF RAILWAY COMPANY, hereinafter referred to as "Railway" where work is over or under on or adjacent to Railway property and/or right-of-way, hereafter referred to as "Railway Property", during RIVERSIDE COUNTY TRANSPORTATION COMMISSION, a public corporation of the State of California, hereinafter referred to as ("RCTC") the construction involving the modification of the East Prado Overhead, providing for its partial demolition, widening, construction of express lanes, as well as the construction of the Catcher Bents, BNSF's Milepost 27.92, and Line Segment 7602 on BNSF's San Bernardino Subdivision. • 1.01.02 The Contractor must execute and deliver to the Railway duplicate copies of the Exhibit C-1 Agreement, in the form attached hereto, obligating the Contractor to provide and maintain in full force and effect the insurance called for under Section 3 of said Exhibit C-1. Questions regarding procurement of the Railroad Protective Liability Insurance should be directed to Rosa Martinez at Marsh, USA, 214-303-8519. • 1.01.03 The Contractor must plan, schedule and conduct all work activities so as not to interfere with the movement of any trains on Railway Property. • 1.01.04 The Contractor's right to enter Railway's Property is subject to the absolute right of Railway to cause the Contractor's work on Railway's Property to cease if, in the opinion of Railway, Contractor's activities create a hazard to Railway's Property, employees, and/or operations. Railway will have the right to stop construction work on the Project if any of the following events take place: (i) Contractor (or any of its subcontractors) performs the Project work in a manner contrary to the plans and specifications approved by Railway; (ii) Contractor (or any of its subcontractors), in Railway's opinion, prosecutes the Project work in a manner which is hazardous to Railway property, facilities or the safe and expeditious movement of railroad traffic; (iii) the insurance described in the attached Exhibit C-1 is canceled during the course of the Project; or (iv) RCTC fails to pay Railway for the Temporary Construction License or the Easement. The work stoppage will continue until all necessary actions are taken by Contractor or its subcontractor to rectify the situation to the satisfaction of Railway's Division Engineer or until additional insurance has been delivered to and accepted by Railway. In the event of a breach of (i) the Construction and Maintenance Agreement, (ii) the Temporary Construction License, or (iii) the Easement, Railway may immediately terminate the Temporary Construction License or the Easement. Any such work stoppage under this provision will not give rise to any liability on the part of Railway. Railway's right to stop the work is in addition to any other rights Railway may have including, but not limited to, actions or suits for damages or lost profits. In the event that Railway desires to stop construction work on the Project, Railway agrees to immediately notify the following individual in writing: Exhibit C East Prado Overhead Construction and Maintenance Agreement Page 1 of 13 Michael Blomquist Toll Program Director RIVERSIDE COUNTY TRANSPORTATION COMMISSION 480 Lemon Street, 3`d Floor Riverside, CA 92502-2208 Office: (951) 778-1098 Fax (951) 787-7920 mblomquist@,rctc.org • 1.01.05 The Contractor is responsible for determining and complying with all Federal, State and Local Governmental laws and regulations, including, but not limited to environmental laws and regulations (including but not limited to the Resource Conservation and Recovery Act, as amended; the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, CERCLA), and health and safety laws and regulations. The Contractor hereby indemnifies, defends and holds harmless Railway for, from and against all fines or penalties imposed or assessed by Federal, State and Local Governmental Agencies against the Railway which arise out of Contractor's work under this Agreement. • 1.01.06 The Contractor must notify ROTC' S Toll Program Director (951-778-1098) and Railway's Manager Public Projects, telephone number 909-386-4472 at least thirty (30) calendar days before commencing any work on Railway Property. Contractor's notification to Railway must refer to Railway's file • 1.01.07 For any bridge demolition and/or falsework above any tracks or any excavations located with any part of the excavations located within, whichever is greater, twenty-five (25) feet of the nearest track or intersecting a slope from the plane of the top of rail on a 2 horizontal to 1 vertical slope beginning at eleven (11) feet from centerline of the nearest track, both measured perpendicular to center line of track, the Contractor must furnish the Railway five sets of working drawings showing details of construction affecting Railway Property and tracks. The working drawing must include the proposed method of installation and removal of falsework, shoring or cribbing, not included in the contract plans and two sets of structural calculations of any falsework, shoring or cribbing. For all excavation and shoring submittal plans, the current `BNSF-UPRR Guidelines for Temporary Shoring" must be used for determining the design loading conditions to be used in shoring design, and all calculations and submittals must be in accordance with the current `BNSF- UPRR Guidelines for Temporary Shoring". All submittal drawings and calculations must be stamped by a registered professional engineer licensed to practice in the state the project is located. All calculations must take into consideration railway surcharge loading and must be designed to meet American Railway Engineering and Maintenance -of -Way Association (previously known as American Railway Engineering Association) Coopers E-80 live loading standard. All drawings and calculations must be stamped by a registered professional engineer licensed to practice in the state the project is located. The Contractor must not begin work until notified by the Railway that plans have been approved. The Contractor will be required to use lifting devices such as, cranes and/or winches to place or to remove any falsework over Railway's tracks. In no case will the Contractor be relieved of responsibility for results obtained by the implementation of said approved plans. • 1.01.08 Subject to the movement of Railway's trains, Railway will cooperate with the Contractor such that the work may be handled and performed in an efficient manner. The Contractor will have no claim whatsoever for any type of damages or for extra or additional compensation in the event his work is delayed by the Railway. Exhibit C East Prado Overhead Construction and Maintenance Agreement Page 2 of 13 1.02 Contractor Safety Orientation • 1.02.01 No employee of the Contractor, its subcontractors, agents or invitees may enter Railway Property without first having completed Railway's Engineering Contractor Safety Orientation, found on the web site www.bnsfcontractor.com. The Contractor must ensure that each of its employees, subcontractors, agents or invitees completes Railway's Engineering Contractor Safety Orientation through internet sessions before any work is performed on the Project. Additionally, the Contractor must ensure that each and every one of its employees, subcontractors, agents or invitees possesses a card certifying completion of the Railway Contractor Safety Orientation before entering Railway Property. The Contractor is responsible for the cost of the Railway Contractor Safety Orientation. The Contractor must renew the Railway Contractor Safety Orientation annually. Further clarification can be found on the web site or from the Railway's Representative. 1.03 Railway Requirements • 1.03.01 The Contractor must take protective measures as are necessary to keep railway facilities, including track ballast, free of sand, debris, and other foreign objects and materials resulting from his operations. Any damage to railway facilities resulting from Contractor's operations will be repaired or replaced by Railway and the cost of such repairs or replacement must be paid for by RCTC. • 1.03.02 The Contractor must notify the Railway's Division Engineer at 909-386-4504 and provide blasting plans to the Railway for review seven (7) calendar days prior to conducting any blasting operations adjacent to or on Railway's Property. • 1.03.03 The Contractor must abide by the following temporary clearances during construction: ■ 15'-0" Horizontally from centerline of nearest track ■ 21'-6" Vertically above top of rail ■ 27'-0" Vertically above top of rail for electric wires carrying less than 750 volts ■ 28'-0" Vertically above top of rail for electric wires carrying 750 volts to 15,000 volts ■ 30'-0" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000 volts ■ 34'-0" Vertically above top of rail for electric wires carrying more than 20,000 volts • 1.03.04 Upon completion of construction, the following clearances shall be maintained: ■ 11'-0" Minimum measured Horizontally from centerline of nearest track ■ 24'-7" Minimum measured Vertically above top of rail • 1.03.05 Any infringement within State statutory clearances due to the Contractor's operations must be submitted to the Railway and to RCTC and must not be undertaken until approved in writing by the Railway, and until RCTC has obtained any necessary authorization from the State Regulatory Authority for the infringement. No extra compensation will be allowed in the event the Contractor's work is delayed pending Railway approval, and/or the State Regulatory Authority's approval. • 1.03.06 In the case of impaired vertical clearance above top of rail, Railway will have the option of installing tell -tales or other protective devices Railway deems necessary for protection of Railway operations. The cost of tell -tales or protective devices will be borne by RCTC. Exhibit C East Prado Overhead Construction and Maintenance Agreement Page 3 of 13 " 1 . 0 3 . 0 7 T h e d e t a i l s o f c o n s t r u c t i o n a f f e c t i n g t h e R a i l w a y ' s P r o p e r t y a n d t r a c k s n o t i n c l u d e d i n t h e c o n t r a c t p l a n s m u s t b e s u b m i t t e d t o t h e R a i l w a y b y R C T C f o r a p p r o v a l b e f o r e w o r k i s u n d e r t a k e n a n d t h i s w o r k m u s t n o t b e u n d e r t a k e n u n t i l a p p r o v e d b y t h e R a i l w a y . " 1 . 0 3 . 0 8 A t o t h e r t h a n p u b l i c r o a d c r o s s i n g s , t h e C o n t r a c t o r m u s t n o t m o v e a n y e q u i p m e n t o r m a t e r i a l s a c r o s s R a i l w a y ' s t r a c k s u n t i l p e r m i s s i o n h a s b e e n o b t a i n e d f r o m t h e R a i l w a y . T h e C o n t r a c t o r m u s t o b t a i n a " T e m p o r a r y C o n s t r u c t i o n C r o s s i n g A g r e e m e n t " f r o m t h e R a i l w a y p r i o r t o m o v i n g h i s e q u i p m e n t o r m a t e r i a l s a c r o s s t h e R a i l w a y s t r a c k s . T h e t e m p o r a r y c r o s s i n g m u s t b e g a t e d a n d l o c k e d a t a l l t i m e s w h e n n o t r e q u i r e d f o r u s e b y t h e C o n t r a c t o r . T h e t e m p o r a r y c r o s s i n g f o r u s e o f t h e C o n t r a c t o r w i l l b e c o n s t r u c t e d a n d , a t t h e c o m p l e t i o n o f t h e p r o j e c t , r e m o v e d a t t h e e x p e n s e o f t h e C o n t r a c t o r . " 1 . 0 3 . 0 9 D i s c h a r g e , r e l e a s e o r s p i l l o n t h e R a i l w a y P r o p e r t y o f a n y h a z a r d o u s s u b s t a n c e s , o i l , p e t r o l e u m , c o n s t i t u e n t s , p o l l u t a n t s , c o n t a m i n a n t s , o r a n y h a z a r d o u s w a s t e i s p r o h i b i t e d a n d C o n t r a c t o r m u s t i m m e d i a t e l y n o t i f y t h e R a i l w a y ' s R e s o u r c e O p e r a t i o n s C e n t e r a t 1 ( 8 0 0 ) 8 3 2 - 5 4 5 2 , o f a n y d i s c h a r g e , r e l e a s e o r s p i l l s i n e x c e s s o f a r e p o r t a b l e q u a n t i t y . C o n t r a c t o r m u s t n o t a l l o w R a i l w a y P r o p e r t y t o b e c o m e a t r e a t m e n t , s t o r a g e o r t r a n s f e r f a c i l i t y a s t h o s e t e r m s a r e d e f i n e d i n t h e R e s o u r c e C o n s e r v a t i o n a n d R e c o v e r y A c t o r a n y s t a t e a n a l o g u e . " 1 . 0 3 . 1 0 T h e C o n t r a c t o r u p o n c o m p l e t i o n o f t h e w o r k c o v e r e d b y t h i s c o n t r a c t , m u s t p r o m p t l y r e m o v e f r o m t h e R a i l w a y ' s P r o p e r t y a l l o f C o n t r a c t o r ' s t o o l s , e q u i p m e n t , i m p l e m e n t s a n d o t h e r m a t e r i a l s , w h e t h e r b r o u g h t u p o n s a i d p r o p e r t y b y s a i d C o n t r a c t o r o r a n y s u b c o n t r a c t o r , e m p l o y e e o r a g e n t o f C o n t r a c t o r o r o f a n y S u b c o n t r a c t o r , a n d m u s t c a u s e R a i l w a y ' s P r o p e r t y t o b e l e f t i n a c o n d i t i o n a c c e p t a b l e t o t h e R a i l w a y ' s r e p r e s e n t a t i v e . 1 . 0 4 C o n t r a c t o r R o a d w a y W o r k e r o n T r a c k S a f e t y P r o g r a m a n d S a f e t y A c t i o n P l a n : " 1 . 0 4 . 0 1 E a c h C o n t r a c t o r t h a t w i l l p e r f o r m w o r k w i t h i n 2 5 f e e t o f t h e c e n t e r l i n e o f a t r a c k m u s t d e v e l o p a n d i m p l e m e n t a R o a d w a y W o r k e r P r o t e c t i o n / O n T r a c k S a f e t y P r o g r a m a n d w o r k w i t h R a i l w a y P r o j e c t R e p r e s e n t a t i v e t o d e v e l o p a n o n t r a c k s a f e t y s t r a t e g y a s d e s c r i b e d i n t h e g u i d e l i n e s l i s t e d i n t h e o n t r a c k s a f e t y p o r t i o n o f t h e S a f e t y O r i e n t a t i o n . T h i s P r o g r a m m u s t p r o v i d e R o a d w a y W o r k e r p r o t e c t i o n / o n t r a c k t r a i n i n g f o r a l l e m p l o y e e s o f t h e C o n t r a c t o r , i t s s u b c o n t r a c t o r s , a g e n t s o r i n v i t e e s . T h i s t r a i n i n g i s r e i n f o r c e d a t t h e j o b s i t e t h r o u g h j o b s a f e t y b r i e f i n g s . A d d i t i o n a l l y , e a c h C o n t r a c t o r m u s t d e v e l o p a n d i m p l e m e n t t h e . S a f e t y A c t i o n P l a n , a s p r o v i d e d f o r o n t h e w e b s i t e w w w . b n s f c o n t r a c t o r . c o m , w h i c h w i l l b e m a d e a v a i l a b l e t o R a i l w a y p r i o r t o c o m m e n c e m e n t o f a n y w o r k o n R a i l w a y P r o p e r t y . D u r i n g t h e p e r f o r m a n c e o f w o r k , t h e C o n t r a c t o r m u s t a u d i t i t s w o r k a c t i v i t i e s . T h e C o n t r a c t o r m u s t d e s i g n a t e a n o n - s i t e P r o j e c t S u p e r v i s o r w h o w i l l s e r v e a s t h e c o n t a c t p e r s o n f o r t h e R a i l w a y a n d w h o w i l l m a i n t a i n a c o p y o f t h e S a f e t y A c t i o n P l a n , s a f e t y a u d i t s , a n d M a t e r i a l S a f e t y D a t a s h e e t s ( M S D S ) , a t t h e j o b s i t e . " 1 . 0 4 . 0 2 C o n t r a c t o r s h a l l h a v e a b a c k g r o u n d i n v e s t i g a t i o n p e r f o r m e d o n a l l o f i t s e m p l o y e e s , s u b c o n t r a c t o r s a n d a g e n t s w h o w i l l b e p e r f o r m i n g a n y s e r v i c e s f o r R a i l w a y u n d e r t h i s A g r e e m e n t w h i c h a r e d e t e r m i n e d b y R a i l w a y i n i t s s o l e d i s c r e t i o n a ) t o b e o n R a i l w a y ' s p r o p e r t y , o r b ) t h a t r e q u i r e a c c e s s t o R a i l w a y C r i t i c a l I n f r a s t r u c t u r e , R a i l w a y C r i t i c a l I n f o r m a t i o n S y s t e m s , R a i l w a y ' s E m p l o y e e s , H a z a r d o u s M a t e r i a l s o n R a i l w a y ' s p r o p e r t y o r i s b e i n g t r a n s p o r t e d b y o r o t h e r w i s e i n t h e c u s t o d y o f R a i l w a y , o r F r e i g h t i n T r a n s i t i n v o l v i n g R a i l w a y . E x h i b i t C E a s t P r a d o O v e r h e a d C o n s t r u c t i o n a n d M a i n t e n a n c e A g r e e m e n t P a g e 4 o f 1 3 The required background screening shall at a minimum meet the rail industry background screening criteria defined by the e-RAILSAFE Program as outlined at http://www.e-railsafe.com, in addition to any other applicable regulatory requirements. Contractor shall obtain written consent from all its employees, subcontractors or agents screened in compliance with the e-RAILSAFE Program to participate in the Program on their behalf and to release completed background information to Railway's designee. Contractor shall be subject to periodic audit to ensure compliance. Contractor subject to the e-RAILSAFE Program hereunder shall not permit any of its employees, subcontractors or agents to perform services hereunder who are not first approved under e- RAILSAFE Program standards. Railway shall have the right to deny entry onto its premises or access as described in this section above to any of Contractor's employees, subcontractors or agents who do not display the authorized identification badge issued by a background screening service meeting the standards set forth in the e-RAILSAFE Program, or who in Railway's opinion, which may not be unreasonable, may pose a threat to the safety or security of Railway's operations, assets or personnel. Contractors shall be responsible for ensuring that its employees, subcontractors and agents are United States citizens or legally working in the United States under a lawful and appropriate work VISA or other work authorization. 1.05 Railway Flagger Services: • 1.05.01 The Contractor must give Railway's Roadmaster (telephone 909-386-4061) a minimum of thirty (30) calendar days advance notice when flagging services will be required so that the Roadmaster can make appropriate arrangements (i.e., bulletin the flagger's position). If flagging services are scheduled in advance by the Contractor and it is subsequently determined by the parties hereto that such services are no longer necessary, the Contractor must give the Roadmaster five (5) working days advance notice so that appropriate arrangements can be made to abolish the position pursuant to union requirements. • 1.05.02 Unless determined otherwise by Railway's Project Representative, Railway flagger will be required and furnished when Contractor's work activities are located over, under and/or within twenty-five (25) feet measured horizontally from centerline of the nearest track and when cranes or similar equipment positioned beyond 25 feet from the track centerline could foul the track in the event of tip over or other catastrophic occurrence, but not limited thereto for the following conditions: • 1.05.02a When, upon inspection by Railway's Representative, other conditions warrant. • 1.05.02b When any excavation is performed below the bottom of tie elevation, if, in the opinion of Railway's representative, track or other Railway facilities may be subject to movement or settlement. • 1.05.02c When work in any way interferes with the safe operation of trains at timetable speeds. • 1.05.02d When any hazard is presented to Railway track, communications, signal, electrical, or other facilities either due to persons, material, equipment or blasting in the vicinity. Exhibit C East Prado Overhead Construction and Maintenance Agreement Page 5 of 13 " 1 . 0 5 . 0 2 e S p e c i a l p e r m i s s i o n m u s t b e o b t a i n e d f r o m t h e R a i l w a y b e f o r e m o v i n g h e a v y o r c u m b e r s o m e o b j e c t s o r e q u i p m e n t w h i c h m i g h t r e s u l t i n m a k i n g t h e t r a c k i m p a s s a b l e . " 1 . 0 5 . 0 3 F l a g g i n g s e r v i c e s w i l l b e p e r f o r m e d b y q u a l i f i e d R a i l w a y n a g g e r s . " 1 . 0 5 . 0 3 a F l a g g i n g c r e w g e n e r a l l y c o n s i s t s o f o n e e m p l o y e e . H o w e v e r , a d d i t i o n a l p e r s o n n e l m a y b e r e q u i r e d t o p r o t e c t R a i l w a y P r o p e r t y a n d o p e r a t i o n s , i f d e e m e d n e c e s s a r y b y t h e R a i l w a y s R e p r e s e n t a t i v e . " 1 . 0 5 . 0 3 b E a c h t i m e a f l a g g e r i s c a l l e d , t h e m i n i m u m p e r i o d f o r b i l l i n g w i l l b e t h e e i g h t ( 8 ) h o u r b a s i c d a y . " 1 . 0 5 . 0 3 c T h e c o s t o f f l a g g e r s e r v i c e s p r o v i d e d b y t h e R a i l w a y w i l l b e b o r n e b y R C T C . T h e e s t i m a t e d c o s t f o r o n e ( 1 ) f l a g g e r i s a p p r o x i m a t e l y b e t w e e n $ 8 0 0 . 0 0 - $ 1 , 6 0 0 . 0 0 f o r a n e i g h t ( 8 ) h o u r b a s i c d a y w i t h t i m e a n d o n e - h a l f o r d o u b l e t i m e f o r o v e r t i m e , r e s t d a y s a n d h o l i d a y s . T h e e s t i m a t e d c o s t f o r e a c h f l a g g e r i n c l u d e s v a c a t i o n a l l o w a n c e , p a i d h o l i d a y s , R a i l w a y a n d u n e m p l o y m e n t i n s u r a n c e , p u b l i c l i a b i l i t y a n d p r o p e r t y d a m a g e i n s u r a n c e , h e a l t h a n d w e l f a r e b e n e f i t s , v e h i c l e , t r a n s p o r t a t i o n , m e a l s , l o d g i n g , r a d i o , e q u i p m e n t , s u p e r v i s i o n a n d o t h e r c o s t s i n c i d e n t a l t o p e r f o r m i n g f l a g g i n g s e r v i c e s . N e g o t i a t i o n s f o r R a i l w a y l a b o r o r c o l l e c t i v e b a r g a i n i n g a g r e e m e n t s a n d r a t e c h a n g e s a u t h o r i z e d b y a p p r o p r i a t e F e d e r a l a u t h o r i t i e s m a y i n c r e a s e a c t u a l o r e s t i m a t e d f l a g g i n g r a t e s . T H E F L A G G I N G R A T E I N E F F E C T A T T H E T I M E O F P E R F O R M A N C E B Y T H E C O N T R A C T O R H E R E U N D E R W I L L B E U S E D T O C A L C U L A T E T H E A C T U A L C O S T S O F F L A G G I N G P U R S U A N T T O T H I S P A R A G R A P H . " 1 . 0 5 . 0 3 d T h e a v e r a g e t r a i n t r a f f i c o n t h i s r o u t e i s 7 8 f r e i g h t t r a i n s a n d 2 7 p a s s e n g e r t r a i n s u p t o a m a x i m u m t o t a l o f 1 0 5 t r a i n s p e r 2 4 - h o u r p e r i o d . T r a i n t i m e t a b l e s p e e d s a r e : W e s t w a r d : 6 0 M P H P a s s e n g e r , 5 0 M P H F r e i g h t E a s t w a r d : 6 0 M P H P a s s e n g e r , 5 0 M P H F r e i g h t 1 . 0 6 C o n t r a c t o r G e n e r a l S a f e t y R e q u i r e m e n t s " 1 . 0 6 . 0 1 W o r k i n t h e p r o x i m i t y o f r a i l w a y t r a c k ( s ) i s p o t e n t i a l l y h a z a r d o u s w h e r e m o v e m e n t o f t r a i n s a n d e q u i p m e n t c a n o c c u r a t a n y t i m e a n d i n a n y d i r e c t i o n . A l l w o r k p e r f o r m e d b y c o n t r a c t o r s w i t h i n 2 5 f e e t o f a n y t r a c k m u s t b e i n c o m p l i a n c e w i t h F R A R o a d w a y W o r k e r P r o t e c t i o n R e g u l a t i o n s . " 1 . 0 6 . 0 2 B e f o r e b e g i n n i n g a n y t a s k o n R a i l w a y P r o p e r t y , a t h o r o u g h j o b s a f e t y b r i e f i n g m u s t b e c o n d u c t e d w i t h a l l p e r s o n n e l i n v o l v e d w i t h t h e t a s k a n d r e p e a t e d w h e n t h e p e r s o n n e l o r t a s k c h a n g e s . I f t h e t a s k i s w i t h i n 2 5 f e e t o f a n y t r a c k , t h e j o b b r i e f i n g m u s t i n c l u d e t h e R a i l w a y ' s f l a g g e r , a s a p p l i c a b l e , a n d i n c l u d e t h e p r o c e d u r e s t h e C o n t r a c t o r w i l l u s e t o p r o t e c t i t s e m p l o y e e s , s u b c o n t r a c t o r s , a g e n t s o r i n v i t e e s f r o m m o v i n g a n y e q u i p m e n t a d j a c e n t t o o r a c r o s s a n y R a i l w a y t r a c k ( s ) . " 1 . 0 6 . 0 3 W o r k e r s m u s t n o t w o r k w i t h i n 2 5 f e e t o f t h e c e n t e r l i n e o f a n y t r a c k w i t h o u t a n o n t r a c k s a f e t y s t r a t e g y a p p r o v e d b y t h e R a i l w a y ' s P r o j e c t R e p r e s e n t a t i v e . W h e n a u t h o r i t y i s p r o v i d e d , e v e r y c o n t r a c t o r e m p l o y e e m u s t k n o w : ( 1 ) w h o t h e R a i l w a y f l a g g e r i s , a n d h o w t o c o n t a c t t h e f l a g g e r , ( 2 ) l i m i t s o f t h e a u t h o r i t y , ( 3 ) t h e m e t h o d o f c o m m u n i c a t i o n t o s t o p a n d r e s u m e w o r k , a n d E x h i b i t C E a s t P r a d o O v e r h e a d C o n s t r u c t i o n a n d M a i n t e n a n c e A g r e e m e n t P a g e 6 o f 1 3 (4) location of the designated places of safety. Persons or equipment entering flag/work limits that were not previously job briefed, must notify the flagger immediately, and be given a job briefing when working within 25 feet of the center line of track. • 1.06.04 When Contractor employees are required to work on the Railway Property after normal working hours or on weekends, the Railway's representative in charge of the project must be notified. A minimum of two employees must be present at all times. • 1.06.05 Any employees, agents or invitees of Contractor or its subcontractors under suspicion of being under the influence of drugs or alcohol, or in the possession of same, will be removed from the Railway's Property and subsequently released to the custody of a representative of Contractor management. Future access to the Railway's Property by that employee will be denied. • 1.06.06 Any damage to Railway Property, or any hazard noticed on passing trains must be reported immediately to the Railway's representative in charge of the project. Any vehicle or machine which may come in contact with track, signal equipment, or structure (bridge) and could result in a train derailment must be reported immediately to the Railway representative in charge of the project and to the Railway's Resource Operations Center at 1(800) 832-5452. Local emergency numbers are to be obtained from the Railway representative in charge of the project prior to the start of any work and must be posted at the job site. • 1.06.07 For safety reasons, all persons are prohibited from having pocket knives, firearms or other deadly weapons in their possession while working on Railway's Property. • 1.06.08 All personnel protective equipment (PPE) used on Railway Property must meet applicable OSHA and ANSI specifications. Current Railway personnel protective equipment requirements are listed on the web site, www.bnsfcontractor.com, however, a partial list of the requirements include: a) safety glasses with permanently affixed side shields (no yellow lenses); b) hard hats c) safety shoe with: hardened toes, above -the -ankle lace -up and a defined heel; and d) high visibility retro-reflective work wear. The Railway's representative in charge of the project is to be contacted regarding local specifications for meeting requirements relating to hi -visibility work wear. Hearing protection, fall protection, gloves, and respirators must be worn as required by State and Federal regulations. (NOTE — Should there be a discrepancy between the information contained on the web site and the information in this paragraph, the web site will govern.) • 1.06.09 THE CONTRACTOR MUST NOT PILE OR STORE ANY MATERIALS, MACHINERY OR EQUIPMENT CLOSER THAN 25'-0" TO THE CENTER LINE OF THE NEAREST RAILWAY TRACK. MATERIALS, MACHINERY OR EQUIPMENT MUST NOT BE STORED OR LEFT WITHIN 250 FEET OF ANY HIGHWAY/RAIL AT -GRADE CROSSINGS OR TEMPORARY CONSTRUCTION CROSSING, WHERE STORAGE OF THE SAME WILL OBSTRUCT THE VIEW OF A TRAIN APPROACHING THE CROSSING. PRIOR TO BEGINNING WORK, THE CONTRACTOR MUST ESTABLISH A STORAGE AREA WITH CONCURRENCE OF THE RAILWAY'S REPRESENTATIVE. • 1.06.10 Machines or vehicles must not be left unattended with the engine running. Parked machines or equipment must be in gear with brakes set and if equipped with blade, pan or bucket, they must be lowered to the ground. All machinery and equipment left unattended on Railway's Property must be left inoperable and secured against movement. (See internet Engineering Contractor Safety Orientation program for more detailed specifications). Exhibit C East Prado Overhead Construction and Maintenance Agreement Page 7 of 13 " 1 . 0 6 . 1 1 W o r k e r s m u s t n o t c r e a t e a n d l e a v e a n y c o n d i t i o n s a t t h e w o r k s i t e t h a t w o u l d i n t e r f e r e w i t h w a t e r d r a i n a g e . A n y w o r k p e r f o r m e d o v e r w a t e r m u s t m e e t a l l f e d e r a l , s t a t e a n d l o c a l r e g u l a t i o n s . " 1 . 0 6 . 1 2 A l l p o w e r l i n e w i r e s m u s t b e c o n s i d e r e d d a n g e r o u s a n d o f h i g h v o l t a g e u n l e s s i n f o r m e d t o t h e c o n t r a r y b y p r o p e r a u t h o r i t y . F o r a l l p o w e r l i n e s t h e m i n i m u m c l e a r a n c e b e t w e e n t h e l i n e s a n d a n y p a r t o f t h e e q u i p m e n t o r l o a d m u s t b e ; 2 0 0 K V o r b e l o w - 1 5 f e e t ; 2 0 0 t o 3 5 0 K V - 2 0 f e e t ; 3 5 0 t o 5 0 0 K V - 2 5 f e e t ; 5 0 0 t o 7 5 0 K V - 3 5 f e e t ; a n d 7 5 0 t o 1 0 0 0 K V - 4 5 f e e t . I f c a p a c i t y o f t h e l i n e i s n o t k n o w n , a m i n i m u m c l e a r a n c e o f 4 5 f e e t m u s t b e m a i n t a i n e d . A p e r s o n m u s t b e d e s i g n a t e d t o o b s e r v e c l e a r a n c e o f t h e e q u i p m e n t a n d g i v e a t i m e l y w a r n i n g f o r a l l o p e r a t i o n s w h e r e i t i s d i f f i c u l t f o r a n o p e r a t o r t o m a i n t a i n t h e d e s i r e d c l e a r a n c e b y v i s u a l m e a n s . 1 . 0 7 E x c a v a t i o n : " 1 . 0 7 . 0 1 B e f o r e e x c a v a t i n g , t h e C o n t r a c t o r m u s t d e t e r m i n e w h e t h e r a n y u n d e r g r o u n d p i p e l i n e s , e l e c t r i c w i r e s , o r c a b l e s , i n c l u d i n g f i b e r o p t i c c a b l e s y s t e m s a r e p r e s e n t a n d l o c a t e d w i t h i n t h e P r o j e c t w o r k a r e a . T h e C o n t r a c t o r m u s t d e t e r m i n e w h e t h e r e x c a v a t i o n o n R a i l w a y ' s P r o p e r t y c o u l d c a u s e d a m a g e t o b u r i e d c a b l e s r e s u l t i n g i n d e l a y t o R a i l w a y t r a f f i c a n d d i s r u p t i o n o f s e r v i c e t o u s e r s . D e l a y s a n d d i s r u p t i o n s t o s e r v i c e m a y c a u s e b u s i n e s s i n t e r r u p t i o n s i n v o l v i n g l o s s o f r e v e n u e a n d p r o f i t s . B e f o r e c o m m e n c i n g e x c a v a t i o n , t h e C o n t r a c t o r m u s t c o n t a c t B N S F ' s F i e l d E n g i n e e r i n g R e p r e s e n t a t i v e ( 9 0 9 - 3 8 6 - 4 0 7 9 ) . A l l u n d e r g r o u n d a n d o v e r h e a d w i r e s w i l l b e c o n s i d e r e d H I G H V O L T A G E a n d d a n g e r o u s u n t i l v e r i f i e d w i t h t h e c o m p a n y h a v i n g o w n e r s h i p o f t h e l i n e . I t i s t h e C o n t r a c t o r ' s r e s p o n s i b i l i t y t o n o t i f y a n y o t h e r c o m p a n i e s t h a t h a v e u n d e r g r o u n d u t i l i t i e s i n t h e a r e a a n d a r r a n g e f o r t h e l o c a t i o n o f a l l u n d e r g r o u n d u t i l i t i e s b e f o r e e x c a v a t i n g . " 1 . 0 7 . 0 2 T h e C o n t r a c t o r m u s t c e a s e a l l w o r k a n d n o t i f y t h e R a i l w a y i m m e d i a t e l y b e f o r e c o n t i n u i n g e x c a v a t i o n i n t h e a r e a i f o b s t r u c t i o n s a r e e n c o u n t e r e d w h i c h d o n o t a p p e a r o n d r a w i n g s . I f t h e o b s t r u c t i o n i s a u t i l i t y a n d t h e o w n e r o f t h e u t i l i t y c a n b e i d e n t i f i e d , t h e n t h e C o n t r a c t o r m u s t a l s o n o t i f y t h e o w n e r i m m e d i a t e l y . I f t h e r e i s a n y d o u b t a b o u t t h e l o c a t i o n o f u n d e r g r o u n d c a b l e s o r l i n e s o f a n y k i n d , n o w o r k m u s t b e p e r f o r m e d u n t i l t h e e x a c t l o c a t i o n h a s b e e n d e t e r m i n e d . T h e r e w i l l b e n o e x c e p t i o n s t o t h e s e i n s t r u c t i o n s . " 1 . 0 7 . 0 3 A l l e x c a v a t i o n s m u s t b e c o n d u c t e d i n c o m p l i a n c e w i t h a p p l i c a b l e O S H A r e g u l a t i o n s a n d , r e g a r d l e s s o f d e p t h , m u s t b e s h o r e d w h e r e t h e r e i s a n y d a n g e r t o t r a c k s , s t r u c t u r e s o r p e r s o n n e l . " 1 . 0 7 . 0 4 A n y e x c a v a t i o n s , h o l e s o r t r e n c h e s o n t h e R a i l w a y ' s P r o p e r t y m u s t b e c o v e r e d , g u a r d e d a n d / o r p r o t e c t e d w h e n n o t b e i n g w o r k e d o n . W h e n l e a v i n g w o r k s i t e a r e a s a t n i g h t a n d o v e r w e e k e n d s , t h e a r e a s m u s t b e s e c u r e d a n d l e f t i n a c o n d i t i o n t h a t w i l l e n s u r e t h a t R a i l w a y e m p l o y e e s a n d o t h e r p e r s o n n e l w h o m a y b e w o r k i n g o r p a s s i n g t h r o u g h t h e a r e a a r e p r o t e c t e d f r o m a l l h a z a r d s . A l l e x c a v a t i o n s m u s t b e b a c k f i l l e d a s s o o n a s p o s s i b l e . 1 . 0 8 H a z a r d o u s W a s t e , S u b s t a n c e s a n d M a t e r i a l R e p o r t i n g : " 1 . 0 8 . 0 1 I f C o n t r a c t o r d i s c o v e r s a n y h a z a r d o u s w a s t e , h a z a r d o u s s u b s t a n c e , p e t r o l e u m o r o t h e r d e l e t e r i o u s m a t e r i a l , i n c l u d i n g b u t n o t l i m i t e d t o a n y n o n - c o n t a i n e r i z e d c o m m o d i t y o r m a t e r i a l , o n o r a d j a c e n t t o R a i l w a y ' s P r o p e r t y , i n o r n e a r a n y s u r f a c e w a t e r , s w a m p , w e t l a n d s o r w a t e r w a y s , w h i l e p e r f o r m i n g a n y w o r k u n d e r t h i s A g r e e m e n t , C o n t r a c t o r m u s t i m m e d i a t e l y ; ( a ) n o t i f y t h e E x h i b i t C E a s t P r a d o O v e r h e a d C o n s t r u c t i o n a n d M a i n t e n a n c e A g r e e m e n t P a g e 8 o f 1 3 Railway's Resource Operations Center at 1(800) 832-5452, of such discovery: (b) take safeguards necessary to protect its employees, subcontractors, agents and/or third parties; and (c) exercise due care with respect to the release, including the taking of any appropriate measure to minimize the impact of such release. 1.09 Personal Injury Reporting • 1.09.01 The Railway is required to report certain injuries as a part of compliance with Federal Railroad Administration (FRA) reporting requirements. Any personal injury sustained by an employee of the Contractor, subcontractor or Contractor's invitees while on the Railway's Property must be reported immediately (by phone mail if unable to contact in person) to the Railway's representative in charge of the project. The Non -Employee Personal Injury Data Collection Form contained herein is to be completed and sent by Fax to the Railway at 1(817) 352-7595 and to the Railway's Project Representative no later than the close of shift on the date of the injury. Exhibit C East Prado Overhead Construction and Maintenance Agreement Page 9 of 13 IlEirMIAsAI=" RA/LWAY COLLECTION NON -EMPLOYEE PERSONAL INJURY DATA (If injuries are in connection with rail equipment accident/incident, highway rail grade crossing accident or automobile accident, ensure that appropriate information is obtained, forms completed and that data entry personnel are aware that injuries relate to that specific event.) Injured Person Type: Passenger on train (C) Contractor/safety Non -employee (N) (i.e., emp of another railroad, or, non-B/VSF emp involved in vehicle accident, including company vehicles) Contractor/non-safety sensitive (G) Volunteer/safety Volunteer/other non -safety sensitive (I) sensitive (Hl Non -trespasser (D) - to include highway users involved in highway rail grade crossing accidents who did not go around or through gates Trespasser (E) - to include highway users involved in highway rail grade crossing accidents who went around or through gates Non -trespasser (J) - Off Railway Property If train involved, Train ID: Transmit attached information to Accident/Incident Reporting Center by: Fax 1-817-352-7595 or by Phone 1-800-697-6736 Reporting.Center@BNSF.com Officer Providing Information: or email to: Accident - Exhibit C East Prado Overhead Construction and Maintenance Agreement Page 10 of 13 (Name) (Employee No.) (Phone #) REPORT PREPARED TO COMPLY WITH FEDERAL ACCIDENT REPORTING REQUIREMENTS AND PROTECTED FROM DISCLOSURE PURSUANT TO 49 U.S.C. 20903 AND 83 U.S.C. 490 NON -EMPLOYEE PERSONAL INJURY DATA COLLECTION INFORMATION REQUIRED TO BE COLLECTED PURSUANT TO FEDERAL REGULATION. IT SHOULD BE USED FOR COMPLIANCE WITH FEDERAL REGULATIONS ONLY AND IT IS NOT INTENDED TO PRESUME ACCEPTANCE OF RESPONSIBILITY OR LIABIITY 1. Accident City/St: 2: Date: Time:: County: 3. Temperature: 4. Weather: (if non BNSF location) Mile Post / Line Segment 5. Driver's License No. (and state) or other ID: SSN(required): 6. Name (last, first, mi): 7. Address: City: St: Zip: 8 Date of Birth: and/or Age: Gender: Exhibit C East Prado Overhead Construction and Maintenance Agreement Page 11 of 13 (If available) Phone Number: Employer: 9. Injury: 10. Body Part: (i.e. laceration, etc.) (i.e. Hand, etc.) 11. Description of Accident (To include location, action, result, etc.) 12. Treatment: First Aid Only o Required Medical Treatment Other Medical Treatment 13. Dr. Name: Date: 14: Dr. Address: Street; City: St: Zip: 15: Hospital Name: Exhibit C East Prado Overhead Construction and Maintenance Agreement Page 12 of 13 16: Hospital Address: Street; City: St: Zip: 17: Diagnosis: REPORT PREPARED TO COMPLY WITH FEDERAL ACCIDENT REPORTIING REQUIREMENTS AND PROTECTED FROM DISCLOSURE PURSUANT TO 49 U.S.C. 20903 AND 83 U.S.C. 490 Exhibit C East Prado Overhead Construction and Maintenance Agreement Page 13 of 13 EXHIBIT C-1 Agreement Between BNSF RAILWAY COMPANY and the CONTRACTOR BNSF RAILWAY COMPANY Attention: Manager Public Projects Railway File: BF Agency Project: EAST PRADO OVERHEAD, DOT No. 026532D Gentlemen: The undersigned (hereinafter called, the "Contractor"), has entered into a contract (the "Contract") dated 201_, with RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("RCTC") for the performance of certain work in connection with the following project: The SR-91 Corridor Improvement Project to extend the tolled express lanes for State Route 91 from its existing easterly end at Riverside County's westerly boundary joint with Orange County's easterly boundary to Interstate Highway I-15 involving the modification of existing East Prado Overhead DOT No. 026532D, providing for its partial demolition, widening, construction of express lanes, as well as the construction of the Catcher Bents. Performance of such work will necessarily require Contractor to enter BNSF RAILWAY COMPANY ("Railway") right of way and property ("Railway Property"). The Contract provides that no work will be commenced within Railway Property until the Contractor employed in connection with said work for RCTC (i) executes and delivers to Railway an Agreement in the form hereof, and (ii) provides insurance of the coverage and limits specified in such Agreement and Section 3 herein. If this Agreement is executed by a party who is not the Owner, General Partner, President or Vice President of Contractor, Contractor must furnish evidence to Railway certifying that the signatory is empowered to execute this Agreement on behalf of Contractor. Accordingly, in consideration of Railway granting permission to Contractor to enter upon Railway Property and as an inducement for such entry, Contractor, effective on the date of the Contract, has agreed and does hereby agree with Railway as follows: Section 1. RELEASE OF LIABILITY AND INDEMNITY Contractor hereby waives, releases, indemnifies, defends and holds harmless Railway for all judgments, awards, claims, demands, and expenses (including attorneys' fees), for injury or death to all persons, including Railway's and Contractor's officers and employees, and for loss and damage to property belonging to any person, arising in any manner from Contractor's or any of Contractor's subcontractors' acts or omissions or any work performed on or about Railway's Property. THE LIABILITY ASSUMED BY CONTRACTOR WILL NOT BE AFFECTED Exhibit C-1 EAST PRADO OVERHEAD — February 26, 2014 Page 1 of 8 BY THE FACT, IF IT IS A FACT, THAT THE DESTRUCTION, DAMAGE, DEATH, OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF RAILWAY, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE WILLFUL MISCONDUCT OR SOLE NEGLIGENCE OF RAILWAY. THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR INCLUDES ANY CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAINST RAILWAY UNDER THE FEDERAL EMPLOYEE'S LIABILITY ACT, INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY APPLIANCE ACT OR THE LOCOMOTIVE INSPECTION ACT, WHENEVER SO CLAIMED. Contractor further agrees, at its expense, in the name and on behalf of Railway, that it will adjust and settle all claims made against Railway, and will, at Railway's discretion, appear and defend any suits or actions of law or in equity brought against Railway on any claim or cause of action arising or growing out of or in any manner connected with any liability assumed by Contractor under this Agreement for which Railway is liable or is alleged to be liable. Railway will give notice to Contractor, in writing, of the receipt or dependency of such claims and thereupon Contractor must proceed to adjust and handle to a conclusion such claims, and in the event of a suit being brought against Railway, Railway may forward summons and complaint or other process in connection therewith to Contractor, and Contractor, at Railway's discretion, must defend, adjust, or settle such suits and protect, indemnify, and save harmless Railway from and against all damages, judgments, decrees, attorney's fees, costs, and expenses growing out of or resulting from or incident to any such claims or suits. In addition to any other provision of this Agreement, in the event that all or any portion of this Article shall be deemed to be inapplicable for any reason, including without limitation as a result of a decision of an applicable court, legislative enactment or regulatory order, the parties agree that this Article shall be interpreted as requiring Contractor to indemnify Railway to the fullest extent permitted by applicable law. THROUGH THIS AGREEMENT THE PARTIES EXPRESSLY INTEND FOR CONTRACTOR TO INDEMNIFY RAILWAY FOR RAILWAY'S ACTS OF NEGLIGENCE. It is mutually understood and agreed that the assumption of liabilities and indemnification provided for in this Agreement survive any termination of this Agreement. Section 2. TERM This Agreement is effective from the date of the Contract until (i) the completion of the project set forth herein, and (ii) full and complete payment to Railway of any and all sums or other amounts owing and due hereunder. Section 3. INSURANCE Contractor shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: Exhibit C-I EAST PRADO OVERHEAD — February 26, 2014 Page 2 of 8 A. Commercial General Liability insurance. This insurance shall contain broad form contractual liability with a combined single limit of a minimum of $5,000,000 each occurrence and an aggregate limit of at least $10,000,000 but in no event less than the amount otherwise carried by the Contractor. Coverage must be purchased on a post 2004 ISO occurrence form or equivalent and include coverage for, but not limit to the following: ♦ Bodily Injury and Property Damage ♦ Personal Injury and Advertising Injury ♦ Fire legal liability ♦ Products and completed operations This policy shall also contain the following endorsements, which shall be indicated on the certificate of insurance: ♦ The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. ♦ Waver of subrogation in favor of and acceptable to Railway. ♦ Additional insured endorsement in favor of and acceptable to Railway. ♦ Separation of insureds. ♦ The policy shall be primary and non-contributing with respect to any insurance carried by Railway. It is agreed that the workers' compensation and employers' liability related exclusions in the Commercial General Liability insurance policy(s) required herein are intended to apply to employees of the policy holder and shall not apply to Railway employees. No other endorsements limiting coverage as respects obligations under this Agreement may be included on the policy with regard to the work being performed under this agreement. B. Business Automobile Insurance. This insurance shall contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the following: ♦ Bodily injury and property damage ♦ Any and all vehicles owned, used or hired The policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: ♦ Waiver of subrogation in favor of and acceptable to Railway. ♦ Additional insured endorsement in favor of and acceptable to Railway. ♦ Separation of insureds. ♦ The policy shall be primary and non-contributing with respect to any insurance carried by Railway. Exhibit C-1 EAST PRADO OVERHEAD — February 26, 2014 Page 3 of 8 C. Workers Compensation and Employers Liability insurance including coverage for, but not limited to: ♦ Contractor's statutory liability under the worker's compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway. ♦ Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. This policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: ♦ Waiver of subrogation in favor of and acceptable to Railway. D. Railroad Protective Liability insurance naming only the Railway as the Insured with coverage of at least $5,000,000 per occurrence and $10,000,000 in the aggregate. The policy Must be issued on a standard ISO form CG 00 35 12 04 and include the following: ♦ Endorsed to include the Pollution Exclusion Amendment ♦ Endorsed to include the Limited Seepage and Pollution Endorsement. ♦ Endorsed to remove any exclusion for punitive damages. ♦ No other endorsements restricting coverage may be added. ♦ The original policy must be provided to the Railway prior to performing any work or services under this Agreement ♦ Definition of "Physical Damage to Property" shall be endorsed to read: "means direct and accidental loss of or damage to all property owned by any named insured and all property in any named insured' care, custody, and control arising out of the acts or omissions of the contractor named on the Declarations. In lieu of providing a Railroad Protective Liability Policy, Licensee may participate (if available) in Railway's Blanket Railroad Protective Liability Insurance Policy. Other Requirements: Where allowable by law, all policies (applying to coverage listed above) shall contain no exclusion for punitive damages. Contractor agrees to waive its right of recovery against Railway for all claims and suits against Railway. In addition, its insurers, through the terms of the policy or policy endorsement, waive their right of subrogation against Railway for all claims and suits. Contractor further waives its right of recovery, and its insurers also waive their right of subrogation against Railway for loss of its owned or leased property or property under Contractor's care, custody, or control. above. Allocated Loss Expense shall be in addition to all policy limits for coverages referenced Exhibit C-1 EAST PRADO OVERHEAD — February 26, 2014 Page 4 of 8 Contractor is not allowed to self -insure without the prior written consent of Railway. If granted by Railway, self -insured retention or other financial responsibility for claims shall be covered directly by Contractor in lieu of insurance. Any and all Railway liabilities that would otherwise, in accordance with the provisions of this Agreement, be covered by Contractor's insurance will be covered as if Contractor elected not to include a deductible, self -insured retention or other financial responsibility for claims. Prior to commencing the Work, Contractor shall furnish to Railway an acceptable certificate(s) of insurance from an authorized representative evidencing the required coverage(s), endorsements, and amendments. The certificate should be directed to the following addresses: BNSF Railway Company Manager Public Projects 740 East Carnegie Drive San Bernardino, CA 92408 Phone: 909-386-4472 Fax: 909-386-4479 Melvin.Thomas@bnsf.com AND BNSF Railway Company c/o CertFocus P.O. Box 140528 Kansas City, MO 64114 Toll Free: 877-576-2378 Fax number: 817-840-7487 Email: BNSF@certfocus.com www.certfocus.com Contractor shall notify Railway in writing at least 30 days prior to any cancellation, non - renewal, substitution, or material alteration. Any insurance policy must be written by a reputable insurance company acceptable to Railway or with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provide. If coverage is purchased on a "claims made" basis, Contractor hereby agrees to maintain coverage in force for a minimum of three years after expiration, cancellation or termination of this contract. Annually, Contractor agrees to provide evidence of such coverage as required hereunder. Contractor represents that this Agreement has been thoroughly reviewed by Contractor's insurance agent(s)/broker(s), who have been instructed by Contractor to procure the insurance coverage required by this Agreement. Exhibit C-1 EAST PRADO OVERHEAD — February 26, 2014 Page 5 of 8 Not more frequently than once every five years, Railway may reasonably modify the required insurance coverage to reflect then -current risk management practices in the railroad industry and underwriting practices in the insurance industry. If any portion of the operation is to be subcontracted by Contractor, Contractor shall require that the subcontractor shall provide and maintain the insurance coverage(s) set forth herein, naming Railway as an additional insured, and shall require that the subcontractor shall release, defend, and indemnify Railway to the same extent and under the same terms and conditions as Contractor is required to release, defend, and indemnify Railway herein. Failure to provide evidence as required by this section shall entitle, but not require, Railway to terminate this Agreement immediately. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of Contractor's obligations hereunder. The fact that insurance (including, without limitation, self-insurance) is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railway shall not be limited by the amount of the required insurance coverage. In the event of a claim or lawsuit involving Railway arising out of this agreement, Contractor will make available any required policy covering such claim or lawsuit. These insurance provisions are intended to be a separate and distinct obligation on the part of the Contractor. Therefore, these provisions shall be enforceable and Contractor shall be bound thereby regardless of whether or not indemnity provisions are determined to be enforceable in the jurisdiction in which the work covered hereunder is performed. For purposes of this section, Railway means `Burlington Northern Santa Fe LLC", `BNSF RAILWAY COMPANY" and the subsidiaries, successors, assigns and affiliates of each. Section 4. EXHIBIT C CONTRACTOR REQUIREMENTS The Contractor must observe and comply with all provisions, obligations, requirements and limitations contained in the Contract, and the Contractor Requirements set forth on Exhibit C attached to the Contract and this Agreement, , including, but not be limited to, payment of all costs incurred for any damages to Railway roadbed, tracks, and/or appurtenances thereto, resulting from use, occupancy, or presence of its employees, representatives, or agents or subcontractors on or about the construction site. Section 5. TRAIN DELAY Contractor is responsible for and hereby indemnifies and holds harmless Railway (including its affiliated railway companies, and its tenants) for, from and against all damages arising from any unscheduled delay to a freight or passenger train which affects Railway's ability to fully utilize its equipment and to meet customer service and contract obligations. Contractor will be billed, as further provided below, for the economic losses arising from loss of use of equipment, contractual loss of incentive pay and bonuses and contractual penalties resulting from Exhibit C-1 EAST PRADO OVERHEAD — February 26, 2014 Page 6 of 8 train delays, whether caused by Contractor, or subcontractors, or by the Railway performing work under this Agreement. Railway agrees that it will not perform any act to unnecessarily cause train delay. For loss of use of equipment, Contractor will be billed the current freight train hour rate per train as determined from Railway's records. Any disruption to train traffic may cause delays to multiple trains at the same time for the same period. Additionally, the parties acknowledge that passenger, U.S. mail trains and certain other grain, intermodal, coal and freight trains operate under incentive/penalty contracts between Railway and its customer(s). Under these arrangements, if Railway does not meet its contract service commitments, Railway may suffer loss of performance or incentive pay and/or be subject to penalty payments. Contractor is responsible for any train performance and incentive penalties or other contractual economic losses actually incurred by Railway which are attributable to a train delay caused by Contractor or its subcontractors. The contractual relationship between Railway and its customers is proprietary and confidential. In the event of a train delay covered by this Agreement, Railway will share information relevant to any train delay to the extent consistent with Railway confidentiality obligations. Damages for train delay are currently $382.20 per hour per incident. THE RATE THEN IN EFFECT AT THE TIME OF PERFORMANCE BY THE CONTRACTOR HEREUNDER WILL BE USED TO CALCULATE THE ACTUAL COSTS OF TRAIN DELAY PURSUANT TO THIS AGREEMENT. Contractor and its subcontractors must give Railway's representative (BNSF Project Engineer, 909-386-4079) eight (8) weeks advance notice of the times and dates for proposed work windows. Railway and Contractor will establish mutually agreeable work windows for the project. Railway has the right at any time to revise or change the work windows due to train operations or service obligations. Railway will not be responsible for any additional costs or expenses resulting from a change in work windows. Additional costs or expenses resulting from a change in work windows shall be accounted for in Contractor's expenses for the project. Contractor and subcontractors must plan, schedule, coordinate and conduct all Contractor's work so as to not cause any delays to any trains. Exhibit C-1 EAST PRADO OVERHEAD — February 26, 2014 Page 7 of 8 Kindly acknowledge receipt of this letter by signing and returning to the Railway two original copies of this letter, which, upon execution by Railway, will constitute an Agreement between us. Contractor BNSF Railway Company By: By: Printed Name: Title: Contact Person: Address: City: State: Zip: Fax: Phone: E-mail: Name: Manager Public Projects Accepted and effective this day of 20. Exhibit C-1 EAST PRADO OVERHEAD — February 26, 2014 Page 8 of 8 EXHIBIT D The estimated cost of all railroad work for modification of the East Prado Overhead providing for its partial demolition, widening, construction of express lanes, as well as the construction of the Catcher Bents to accommodate the SR-91 Corridor Improvement Project shall be included on Exhibit D attached to the West Porphyry Construction and Maintenance Agreement, WPCMA. Exhibit E AMA RA/L WA Y Date: Michael Blomquist Toll Program Director RIVERSIDE COUNTY TRANSPORTATION COMMISSION 480 Lemon Street, 3rd. Floor Riverside, CA. 92502-2208 Melvin Thomas Manager Public Projects BNSF Railway Company 740 East Carnegie Drive San Bernardino, CA 92408 (909) 386-4472 (office) (909) 831-8199 (cell) (909) 386-4479 (fax) Melvin.Thomas{�bnsf.com Re: Final Approval of Plans and Specifications dated by (consultant) (hereinafter called, the "Plans and Specifications") Dear Mr. Blomquist: This letter serves as BNSF RAILWAY COMPANY'S (`BNSF") final written approval of that portion of the Plans and Specifications covering the Project's concept for construction involving the modification of the East Prado Overhead (DOT No. 026532D), providing for its partial demolition, widening, construction of express lanes, as well as the construction of the Catcher Bents that will be constructed on or adjacent to BNSF's Rail Corridor. This final written approval is given to RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("RCTC") pursuant to Article III, Section 1 of that certain Construction and Maintenance Agreement between BNSF, STATE OF CALIFORNIA, and RCTC, which this Exhibit E is attached to and made a part thereof. If the Plans and Specifications are revised by RCTC subsequent to the date set forth above, this letter shall no longer serve as final written approval of the Plans and Specifications and RCTC must resubmit said Plans and Specifications to BNSF for final written approval. It is understood that the approvals contained in this letter do not cover, the approvals of plans and specifications for any falsework, shoring, and demolition that may be subsequently submitted to BNSF by RCTC or its contractor for approval. BNSF has not reviewed the design details or calculations for structural integrity or engineering accuracy. BNSF accepts no responsibility for errors or omissions in the design of the project. Respectfully, Melvin Thomas Manager Public Projects BNSF Railway Exhibit F BNSF Bridge Requirements BRIDGE DESIGN, PLANS & SPECIFICATIONS: Except for the design of temporary falsework and shoring, BNSF review of the Structure plans will be limited to the vertical and horizontal clearances, sight distance for existing train signals, foundation dimensions and drainage characteristics as they relate to existing and future tracks. BNSF will not review structural design calculations for the permanent Structure unless a member or members are influenced by railroad live loads. Temporary falsework and shoring plans and calculations must be reviewed and approved by BNSF prior to beginning construction. RCTC shall perform an independent review of the design calculations for temporary falsework and shoring prior to submitting them to BNSF for approval. Temporary construction clearances must be no less than 15 feet measured horizontally from the centerline of the nearest track and 21 feet-6inches measured vertically from the top of rail of the most elevated track to the bottom of lowest temporary falsework member. State regulatory agencies may have more restrictive requirements for temporary railroad clearances. For the permanent Structure, RCTC will submit plans showing the least horizontal distance from the centerline of existing and future tracks to the face of the nearest member of the proposed Structure. The location of the least horizontal distance must be accurately described such that BNSF can determine where it will occur in both the horizontal and vertical plane. . For the permanent Structure, RCTC will submit plans showing the least vertical clearance from top of paving to bottom the deck of the proposed Structure. Prior to beginning construction of the permanent Structure, the top of rail elevations should be checked and verified that they have not changed from the assumed elevations utilized for the design of the bridge. The general policy of the Burlington Northern and Santa Fe (BNSF) with regard to bridge and related crash wall construction is to follow the current recommendations of the American Railway Engineering and Maintenance -of -Way Association (AREMA) Current AREMA recommended practice in Manual for Railway Engineering Chapter 8 (Art. 2.1.5.1). RCTC shall require its Contractor to submit specifications for the Structure to BNSF for review and approval. Prior to issuing any invitation to bid on construction of the Structure, RCTC should conduct a pre -bid meeting where prospective Contractors have the opportunity to communicate with BNSF personnel regarding site specific train speeds, train density, and general safety requirements for men and equipment working near live tracks. BRIDGE CONSTRUCTION: Prior to the Contractor entering BNSF's railroad corridor or property, to begin construction of the Project RCTC shall conduct a pre -construction meeting with BNSF personnel in attendance to reiterate the safety requirements of construction activity adjacent to live tracks. During construction, BNSF may require an independent engineering inspector to be present during certain critical activities of the Project, including but not limited to: driving foundation piles, erecting falsework, construction of shoring and retaining walls, placing concrete, placing soil backfill and compaction processes. RCTC shall reimburse BNSF for all costs of supplemental inspection services. Within 90 days of the conclusion of the Project and final acceptance by BNSF and, RCTC will provide BNSF with a complete electronic set of the bridge plans. BNSF will also accept a marked up paper copy of the bridge plans labeled "As Built". The marked up paper copy of the plans will reflect any and all deviations from the original plans that occurred during construction. The electronic set of the bridge plans will be submitted in Micro Station *.dgn Form 0105 Rev. 4/07/08 Page 1 of 2 East Prado Overhead, Corona, CA. electronic format (preferred) or AutoCAD *.dwg format. Electronic plans are to be submitted in the original format used for CAD plan preparation and not converted to another format prior to submission. The "As Built" plans shall show actual measured "as constructed" clearances shall be shown as well as depth, size and location of all foundation components. The plans shall show dimensioned locations of existing and relocated utilities. It is understood that BNSF prefers to receive the "As Built" plans in an electronic format. BRIDGE MAINTENANCE: CITY will be responsible for maintenance and repair of the Structure including the earth retention components, embankment slopes, erosion control, surface drainage, fencing, deck drains, landscaping, paint, walkways, handrails, lighting, and other improvements associated with the Project. Fencing and other pedestrian access controls within BNSF's rail corridor and incorporated into the Project shall be designed and maintained by RCTC through construction. Trespasser control shall be the responsibility of RCTC through construction. Graffiti removal will be the responsibility of CITY. BRIDGE INSPECTION: CITY will conduct annual routine structural inspections. In the event of an earthquake, fire, flood, damage from vehicular impacts or other emergent situations, CITY will provide an immediate inspection by qualified personnel and notify BNSF of damage that may affect safe passage of trains. If necessary CITY will embargo weights or provide lane closures or other such measures to protect the structural integrity of the Structure such that there can be continuous safe passage of trains until repairs are made. BRIDGE ALTERATIONS: Except as provided otherwise by this Agreement, there will be no alterations made to the Structure that will alter the railroad vertical or horizontal clearances provided by the original design. It is expressly understood by RCTC and CITY that the right to install utilities is restricted to the placement of underground utilities beneath BNSF's tracks located a minimum of fifty (50) feet from abutments, piers, piles, or footings with the exception that upon BNSF's prior approval BNSF will permit selected utilities to be installed closer to the abutments, piers, piles, footings and/or run through the deck of the Structure. Under no circumstances will utilities be allowed to hang from the Structure. All utility crossings within the limits of BNSF's Rail Corridor will be covered by separate agreements between BNSF and each of the owners of the utilities. Page 2 of 2 East Prado Overhead, Corona, CA. Form 0105 Rev. 4/14/05 EXHIBIT G INSTRUCTIONS FOR PREPARATION OF DEMOLITION PLANS FOR STRUCTURES OVER THE BURLINGTON NORTHERN SANTA FE RAILROAD SECTION I. GENERAL A. The Conctractor will abide by and adhere to the requirements of the Exhibit C. Should there be a discrepancy between the requirements contained in the Exhibit C and this Exhibit G, the Exhibit C will govern. B. The Contractor's work shall in no way impede train operations. 1. The term "Overhead" refers to the structure to be demolished. 2. The words "demolition" and "removal" will be used interchangeably in this Exhibit G. 3. The term "Railroad" refers to the Railroad's Engineer or designated representative. C. Safety takes precedence over productivity. The Contractor shall be responsible for planning and executing all procedures necessary to remove the Overhead in a safe, predictable manner. All employees of the Contractor and Subcontractors must be Safety Trained. Refer to http:// www.BNSFContractor.com. D. The Contractor shall develop a Demolition Plan ONLY AFTER CONSULTING WITH THE RAILROAD TO GET AN ESTIMATE OF THE RANGE OF WORK WINDOWS THAT MIGHT NORMALLY BE AVAILABLE FOR THE JOB SITE. 1. A Work Window is the elapsed time between approaching trains. 2. An estimate of the availability of Work Windows can be used by the Contractor to design a Demolition Plan. The estimated Work Window is a guideline and not to be considered as a guarantee for available working time. 3. Work Windows will vary significantly, depending on the location. Low speed - low train density tracks have predictable Work Windows. The opposite is true for high density- high speed main tracks. The Railroad shall, at its sole discretion, furnish a range of Work Windows that might be expected at a specific location under normal train traffic conditions. 4. The Contractor shall plan the demolition procedures based upon the smallest ESTIMATED Work Window. Do not assume the longest Work Window will be available on any given day. Do not assume the same Work Windows will be available from one day to the next. 5. The Contractor will give BNSF's Project Engineer at telephone number 909-386-4079, eight (8) weeks advance notice of the proposed times and dates for Work Windows. BNSF and the contractor will establish mutually agreeable Work Windows for the Project. Any request for Work Windows with less than eight (8) weeks advance notice will have a reduced probability of approval. BNSF has the right at any time to revise or change the Work Windows, due to train operations or service obligations. BNSF will not be responsible for any additional costs and expenses resulting from a change in Work Windows. Additional costs and expenses resulting from a change in Work Windows shall be accounted for in the contractor's expenses for the Project. E. The Railroad's tracks and property shall be protected at all times. 1. Removal procedures shall take into account SEVERE WEATHER CONDITIONS, including high winds, heavy rains and snowfall accumulation. Page 1 of 12 Exhibit G Demolition Guidelines Nov.22, 2007 2. The contractor shall ensure that all areas adjacent to active tracks shall remain free from hazards. a) Trainmen must have an unobstructed walkway available parallel to all active tracks pursuant to the California Public Utilities Commission General Order 118. b) All open excavations shall be protected with fencing. c) Do not store materials or equipment within 25 feet of the centerline of an active track. 3. Protect the project area from vandalism. a) Do not leave debris where vandals could place it on the tracks or drop it onto the tracks from the Overhead. b) Secure all heavy equipment from potential movement by vandals. c) Do not store flammable materials on railroad right of way. Remove combustible waste materials daily. Do not store fuel or other flammable liquids on railroad right of way. F. All demolition materials and scrap shall be disposed of outside the Railroad right-of-way at no expense to the Railroad. At the conclusion of the project, the area must be left in a clean and graded condition to the exclusive satisfaction of the Railroad. G. No work is allowed within 25 feet of the nearest track unless protected by a Railroad Flagger. Refer to Exhibit C Section 1.05, Protection of Railway Facilities and Railway Flagger Services for additional flagging requirements. H. The staged demolition of any portion of the Overhead over or adjacent to operational tracks will not jeopardize the stability of other parts of the Overhead awaiting demolition. 1. Where multiple tracks are involved, the Demolition Plan should be engineered as much as practical such that no more than one track is rendered impassable at any given moment. I. No blasting will be permitted on Railroad's right-of-way. SECTION II. DEMOLITION PLAN A. The Contractor shall submit a detailed Demolition Plan to the Railroad. The Demolition Plan shall encompass the following: 1. Provide a scale drawing showing the plan view, elevation and location of the Overhead and locations of any access roads needed on railroad right of way to access the job site. The as -built drawings may be used for the submittal provided the removal steps are clearly marked and legible. 2. Indicate the position of all railroad tracks below the bridge. Identify each track as mainline, siding, spur, etc. Identify locations where temporary crossings will be installed to cross equipment over each track. 3. List in sequential order, all procedures necessary to remove the bridge in a safe and controlled manner. Include step by step details of each sequence and the elapsed time required to execute the sequence. The Demolition Plan must specify which, if any, sequences will render a track impassable to trains during execution of the sequence. If more than one track is adjacent to the work area, specify which tracks will be impassable during execution of each sequence. 4. Include text, drawings or photos to communicate the types of equipment that will be utilized. Include diagrams showing the position of the equipment in relation to the tracks. Where cranes are to be used, furnish the lifting capacities of the crane at the anticipated radius and the weights of components to be removed. Page 2 of 12 Exhibit G Demolition Guidelines Nov.22, 2007 5. For every sequence, specify the minimum horizontal clearance from centerline of track and the minimum vertical clearance above top of rail for equipment, falsework, rubble shields and temporary supports. If a crane is to be utilized, include clearances for the backswing radius of the crane counterweight and the position of the outriggers. Refer to the Frame Protection Details drawings, three sheets, attached hereto and made a part hereof, for the minimum allowable vertical and horizontal clearances. 6. If the Demolition Plan includes concrete demolition, include the details of rubble control such as maximum anticipated size of rubble, drop distance, shield size and shield position. 7. The Demolition Plan will indicate locations and types of temporary supports, shoring, cables or bracing required. a) Excavations and shoring design shall be according to the attached "GENERAL SHORING REQUIREMENTS" drawings, two pages, attached hereto and made a part hereof. b) Fassework shall be designed according to the State of California, Department of Transportation FALSEWORK MANUAL available at this Web Site: http://www.dot.ca.gov/hWesc/construction/manuals/OSCComoleteManuals/FalseworkManual(Rev32).odf. c) Plans shall conform to the appropriate Federal, State and local regulations and building codes. 8. If any temporary supports interfere with the natural drainage along the Railroad right-of-way, a temporary drainage diversion plan shall be included in the Demolition Plan. The drainage plan shall route all surface water away from the railroad tracks. a) Do not block drainage in side ditches with debris. b) Do not place footing blocks in drainage ditches. c) Surface runoff must be diverted away from the footing block excavations to avoid saturation of the underlying supporting soils. 9. The Demolition Plan shall include details, limits, and locations of protective shields or other measures designed to protect the rails, ties and ballast from falling debris. Include details of catchment apparatus necessary to protect the tracks from rolling debris that may fall onto side slopes. Include the design load for the shields for both the maximum static load and the maximum anticipated impact loads from falling debris. Specify the type of equipment that will be utilized to remove the debris and shields from operational tracks. 10. Protection of the track ballast section must be provided to avoid contamination of the rock with fine dust and mud produced during demolition activities. Filter fabric or some other effective means to prevent ballast contamination should be incorporated into the Demolition Plan. 11. All overhead and underground utilities in the area affected by removal of the bridge shall be located on the drawings, including any fiber optic, railroad signal, and communication lines. 12. Indicate the limits of demolition of substructures, including depths and dimensions of excavations that might be necessary to demolish buried footings. 13. The Demolition Plan should include details of planned on -site fire suppression. B. The Contractor shall submit to the Railroad: three (3) complete sets of the Demolition Plan to BNSF's Director Bridge Engineering for review and comments. The Demolition Plan should be sent in PDF format for files up to (2) megabytes by email attachment to: Ron.Berrytc7i bnsf.com. Should the Demolition Plan exceed a two (2) megabyte PDF file, a CD of the plans and specifications should be sent via overnight mail service to mailing address, 4515 Kansas Avenue, Kansas City, KS 66106. Page 3 of 12 Exhibit G Demolition Guidelines Nov.22, 2007 1. The Plan shall be sealed by a Civil or Structural Engineer registered in the state where the proposed demolition will take place. 2. A minimum of four (4) weeks shall be expected for the Railroad's review after the complete submittal is received. 3. No removal operations will be permitted over the Railroad right of way until the submitted material has been reviewed and approved. C. Approval and/or comments furnished by the Railroad in the course of review of the Contractor's Demolition Plan will not relieve the Contractor of the ultimate responsibility for the safe and secure demolition of the Overhead. SECTION III. PROCEDURE A. The Demolition Plan must be executed such that stability is continuously maintained for the standing portions of the Overhead over all tracks. 1. All members of the Overhead being demolished must be continuously supported to resist high winds, including wind buffets and suction forces generated by high speed trains. B. Prior to proceeding with bridge removal, the sealing Civil or Structural Engineer, or his authorized representative, shall inspect all components of the temporary support shoring, including temporary bracing and protective coverings, insuring conformity with the working drawings. 1. The sealing Engineer shall certify in writing to the Railroad that the work is in conformance with the drawings and that the materials and workmanship are satisfactory. 2. A copy of this certification shall be available at the job site at all times. C. All substructures shall be removed to at least six (6) feet below the final finished grade or at least six (6) feet below base of rail whichever is lower, unless otherwise specified by the Railroad. D. All debris and refuse shall be removed from the railroad right of way by the Contractor. The premises shall be left in a neat and presentable condition to the exclusive satisfaction of the Railroad. Soils contaminated by fuel spills, hydraulic oil leaks, etc. will be removed from railroad right of way and replaced to the exclusive satisfaction of the Railroad. E. If any hazardous materials are discovered, provide material protection as specified in local hazardous material codes and immediately contact the Railroad 1. If Contractor discovers any hazardous waste, hazardous substance, petroleum or other deleterious material, including but not limited to any non -containerized commodity or material, on or adjacent to Railway's Property, in or near any surface water, swamp, wetlands or waterways, while performing any work under this Agreement, Contractor must immediately: (a) notify the Railway's Resource Operations Center at 1(800) 832-5452, of such discovery: (b) take safeguards necessary to protect its employees, subcontractors, agents and/or third parties: and (c) exercise due care with respect to the release, including the taking of any appropriate measure to minimize the impact of such release. 2. If pipelines are attached to the Overhead, pipes must be purged of flammable or hazardous materials prior to beginning demolition. 3. Fuel spills, hydraulic fluid releases, equipment oil leaks or any other release of contaminants must be Page 4 of 12 Exhibit G Demolition Guidelines Nov.22, 2007 reported to the Railroad. Contaminated soils must be removed and replaced to the satisfaction of the Railroad and local regulatory agencies. F. The work progress shall be reviewed and logged by the Contractor's Engineer. Should an unplanned event occur, the Contractor shall inform the Railroad and submit a procedure to correct or remedy the occurrence. G. Beam removal and all other demolition procedures shall take place as much as practicable with equipment positioned adjacent to and clear of all live tracks or positioned on the Overhead structure above the track. In the rare case that beams require removal with equipment positioned fouling a live track or from below the Overhead, the following steps shall be taken before beams are allowed to straddle the tracks: 1. Certain territories with high density train traffic, especially where multiple main tracks are affected, may not grant Work Windows on all tracks simultaneously. Beam removal from the underside of Overheads may not be possible unless the procedure can be accomplished in very short Work Windows or be engineered such that only one track is affected. 2. The work shall be scheduled well in advance but no later than the requirements in Section 1, paragraph 5 of this Exhibit G. The Work windows are subject to the Railroad's operational requirements for continuous train operations. The beam removal plan must be engineered to minimize the Work Window time. 3. The rails, ties and ballast shall be protected. No equipment will be crossed over or placed on the tracks unless pre -approved by the Railroad. 4. The beams shall be blocked to prevent the beams from coming into contact with the rails. Blocking shall not be placed on the rails or ties. 5. Upon approach of a train, the beams and all personnel and equipment will be moved a position to provide a minimum of 15 feet horizontal clearance and 21 ft. 6 in. vertical clearance from the nearest rail. Care must be exercised to insure that crane booms are rotated to a position parallel with the track. SECTION IV. TRACK PROTECTION A. The track protective cover shall be constructed before beginning bridge removal work and will be supported by falsework or members of the existing Overhead. The following are examples of protective covers that may be acceptable: 1. A decking supported by the bridge or a suspended cover from the bridge above the track clearance envelope. 2. A track shield cover over the tracks per the attached detail. 3. A framed cover outside the track clearance envelope. 4. A catcher box or loader bucket under decking and parapets overhanging the exterior girders. 5. Protection of the track ballast section must be provided to avoid contamination of the rock with fine dust and mud produced during demolition activities. Filter fabric or some other effective means to prevent ballast contamination should be incorporated into the Demolition Plan. B. Construction equipment shall not be crossed over or placed on the tracks unless the rails, ties and ballast are protected against damage. 1. Track protection is required for all equipment including rubber tired equipment. Page 5 of 12 Exhibit G Demolition Guidelines Nov.22, 2007 2. A list of equipment to be crossed over or positioned on the tracks along with the intended method of protection shall be submitted to the railroad for approval prior to use at the job site. C. Temporary haul road crossings shall be either timbers or precast concrete panels. The type of crossing shall be determined by the Railroad. 1. Solid timbers or ballast with timber headers shall be used between multiple tracks. 2. If the job site is accessible to the public, all temporary haul road crossings shall be protected with barricades or locked gates when the Contractor is not actively working at the site. 3. Installation and removal of temporary track crossings for equipment shall be scheduled well in advance with the Railroad but no later than the requirements in Section 1, paragraph 5 of this Exhibit G. SECTION V. CRANES A. When cranes are operated over or adjacent to the tracks the following is required: 1. The Contractor shall verify that the foundations, soil conditions, and buried utility lines under the crane and crane outriggers can support the loads induced by the crane under an assumed maximum capacity lift. The size and material type of crane mats shall be rigid and of sufficient capacity to safely distribute the crane loads. 2. Front end loaders and backhoes cannot be used in place of a crane to lift materials over the tracks. These types of equipment do not have the necessary safety features built into the machines to circumvent overloading and tipping. Only cranes with the rated capacity to handle the loads may be used. 3. Additional track protection may be required for a crane when crossing over the track. The protection methods shall be submitted to the Railroad for review and comment well in advance of intended use. 4. Cranes and other equipment utilizing outriggers shall not place outriggers on the tracks or ballast. 5. Cranes or crane booms shall not be positioned within the track clearance envelope without Railroad Flagman protection. Cranes operating from a position farther than 25 ft. from the nearest track will need a Railroad Flagman present if the boom length is such that it could fall onto a track. 6. Upon approach of a train, the crane body shall be rotated to position the boom in a line parallel with the track. Any suspended load shall be made stationary by lowering it until contact is made with the ground. During passage of the train, the Crane Operator must stop all movements. Crane Operators shall remain in the cab with motor at idle with the load lines, boom, rotation and travel controls locked and stationary until the full length of the train has passed the job site. 7. Cranes will not be utilized during high winds. Page 6 of 12 Exhibit G Demolition Guidelines Nov.22, 2007 SECTION VI. CUTTING TORCHES A. When a cutting torch or welding equipment is used in the demolition process, the following steps shall be taken: 1. Fire suppression equipment is required on -site. 2. Do not use a torch over, between, or adjacent to the tracks unless a steel plate protective cover is used to shield against sparks and slag coming into contact with timber ties. Care shall be taken to make certain the use of a steel plate does not come in contact with the rails. See "Track Shield Details" for other requirements. Details of the shield shall be submitted to the Railroad for approval. 3. Wet the ties below the steel plate and wet other timbers and flammable demolition debris located near cutting areas. 4. Monitor the work site for at least three hours after cutting has ceased to detect a smoldering fire. B. Extensive overhead cutting may require more robust fire suppression equipment and precautions than what would normally be required for routine cuts. 1. On days when extensive torch cutting is planned, the Contractor shall have a larger water supply on hand or take other measures as needed to effectively suppress fires. 2. Overhead torch cutting and welding must cease upon approach and passage of a train. 3. Extensive torch cutting shall not take place during high winds. 4. Contractor will clear vegetation and other combustible debris from the surrounding work areas prior to engaging in extensive torch cutting. SECTION VII. UTILITIES A. The demolition operations shall be planned such that overhead and underground utility lines are operating safely at all times. The utility lines shall be protected if affected by demolition operations. Underground utility lines shall be protected from concentrated soil loads under crane outriggers and heavy rubber tired front loaders or similar equipment. All the work associated with utility lines should be coordinated by the contractor with the respective utility companies. Page 7 of 12 Exhibit G Demolition Guidelines Nov.22, 2007 LOOZ 'ZZ'AoN saullePPO 004110waa 9;Iq!gx3 Z 140 9 e6ed z a [ °L3 4 '1i111111I2 °'Rc ram CO-1.0 IMMO' YBdI wawa !MA S1N3W3HInO3N ONIaONS 11:413N30 SOHVONtl1S 300Ia8 SLN43HIno 8 VHS() HEM AldWD0 01 DNIHOHS (51(10 ONId03S ON} '3NOZ SIHl NI NOIldAVOX3 HD3 0311IWH3d 3B 13IM NIHOHS 1VDIDD A ONO imiampuirimsir IMMO w all MONO III" W onigj pie mons 8 3NOZ S1N3WIII003H VHSO H1IM OdW00 01 ONIHOHS .a Alt ti 38noi� MOOR '2 9 Imo 11112WWW (31d3S Ol ION) latasME1 MlsfNla %S1 '03WH0d83d 38 -MA NUN 3H1 ABM 31d1S 3H1 N] 03831SI038 1H33NION3 1dNO1SS33a1d tl A8 03dWtl1S ONd 03NDIS 38 1sf1W SNO[1tllf1Dlb0 0Ntl SNH'ld 'SNOI1tll001tl0 NOMO AO 03INWW030tl 3B 11VHS SNHId ON780HS°8 80 tl 3NOZ 01N[ H3d083N3 H31HM SNOUVAH3X3 80H ' IWI AMAMI lod UNI1MO D HIIM AIdWOO 01 1131SAS ONINDHS AWV80d1,131 3H1 JO NOI530 'SNtlld 03A0Hddd 3H1 113d W31SAS ONEHOHS 18080dW31 3H1 11V1SNI 11VHS mini al:1D 3H1 3110139 '0350d08d ON[80HS NOI133108d N3d81 3H1 d0 1N31X3 ONi mplHN 3H1 ONI1d3[ONI SNtlld 031]tl130 OtlOaim 3H1 A6 1VAOHddtl HOd S3NOZ NOI WAV3X3 11/831430 083 a3d003 :0V01 3A i l avoid Iva 318V3l lddid °d 3NOZ NI NOINAdOX3 LOA SOV01 OHdONa1S dHSO 01 NOI1I00d NI 30HdHOWS 0001 3AI1 OVOHlIV8 H03 03NOIS30 30 iSf1W ONIaOHS JO cry =a SIR zlm c-� .c NOI1dAV 53 3NI1 anon 31d4HS d 3NOZ — ONI HORS H 3N07 S°I 0311IWH]d NOINAdOX3 3IHH 3O 3SV9 — 6-,L OH10 s XOdH1 3NI3 NIVW .9-,5I 10-.ZI NOI1HAd3X3 ON 17Nef1S 11VHS 8013tl81N00 3H1 'NHOM ANV ONIONAWW03 01 8DI8d 'NOV81 AO • 01 8V103ION3d83d 0380Stl3W 38V SNOISNAI0 11V 4310N 1d!l3N30 LOOZ 'ZZ'AoN seuilap)n0 uomiowea 0 miyx3 Z l ;o 6 96ed z aim v«eI 1ee4u l'anw Iswl ewn Wseo FHA, S1N3W38I11038 0NIUMS 110a3N39 508VONals ON I UMS 300[88 imanwPwrompe mu maws mom Loom w a8 MOM spew Mnolwr ue Mil (31VOS 01 10N) -31U3S 31Id 30 301 tiVid r Z 82 3NI1 300110— r z H r `H t Ol S %Al 11.1.36111 53311930 NI WILMA 1@N831NI 30 310NId 3H1 SIO ( 1- 9b 1,MA - S1 383HM ON • Sd 'NOI1V003 DNIR01103 3H1 ONI511 03lanOIdO 38 NO W31SAS ONI8DHS 3H1 D1 311m MOON V ld AOVH1 803 ONI001 083 Ol 3n0 3805930d OV01 3AI1 :Z 35110 Z { B = )°'SNVI OVU NI 03H(iSOW S31ONV 3Hd OM ° ItpZ) 500 5 NIS - 1t ] • Rd 0Z 'RDA 101dAIn03 ONIN0110d 3H1 01NI 03IAIldW]S 38 NVO N0IlU0D3 3A08H 3H1 t )° ,S03 NCS - lja!NIS d NIS + El 1 - 5d 'NOI1V1103 OVD1 dIII1S 0S3NISSnOB 3H1 9NISn 031V111010 SI W31SAS ONIH0H5 Dl 1311'MMi)081 80A °MUNI 083 Ol 3n0 'Sd 38nSS3ad OV01 3AI1 1V831V1 'I 35HO 01)I1331 S) 81 800`08 O'11033H31-11 114 3I1 30 1410N31 = 01 0( 'N 801 '380d3H3H1 '311 d0 H1ON31 = 01 0 ='H aDd ,SA01103 SV 031d1n3lo 38 11VHS ONV OV01 3AIl 00381EV8 0E13 01 3f10 atm dI815 3D AlISN31NI 3H1 SI 0 1333 6 SI 3I1 30 H1ON31 'H1d30 1N30038W3 WnWINIW 3H1 51 dZ '3NI1 300383 A0130 100A 3N0 01 ONIHOHS 30 4:101 W0H3 SI 0 'ONIHOHS 30 33VA 3H1 01 71W' 3O 3NI1831N30 WON3 8VM3I0N3d83d 33NV1510 d SI S 'NOI1V003 0S3NISS(108 3H1 H1IM 031VO1VA3 ONI38 1NIOd 10 H1d30 3H1 SI'H 'ONI8DHS 3O d01 3H1 01 3I1 30 W011013 3H1 NO83 1HOI3H 3H1 SI 'H "H snld 3I1 d0 H1ON31 3H1 SI 01 '01 HAIM NOI1n8IH1SIO Y NO 03SV8 38 11YHS 0 38(15538d 101183A 1D03 HWAI1 U3d Sd M 8 Bd 8111- (1333 6)(133A 6) 01000`00 (31a3S 01 10Ni '31V35. 0tl01 683 83d000 :9 .4 :5 UO 00 N N N v N N x N a ,b' .0 :0 0000 B m CO CO X x X U7 MM M .8' o� B N ;9 :S .4 00 00 LOCN N N N XXXX W M A -0 :4 .4 .A 0000 COM e m X h x X n chi M y LON 'ZZ'AoN saullapm0 uomiowea J llglyx3 Zl do 06 a6ed £ 30 t 1133HS LOOZ 'LI 8380130 :311(0 S11V130 N0110310dd 311V8J NO111101430 w rwr Vireo _ ...=rsivs 11V130 30 30IS 83H10 NOW NOISN3A10 'NIA 35n °VON SS333V ON 3I • 'NVNOVI.1 V S3810038 N31/81 V JO 1108 IS3803N 3H1 d0 133d 5Z NIHIIM AllAllOV ANV '9 I I % 11V8 dd01 (6 310N 33S `aid I (103d NO I SS I Mad 1d 103dS ) NOI10310dd 311d83 d03 NOI103108d 30 S1I1111 Wf1 w w NOI1dA313 300I89 'S18930 91411108 d0 S3331d 39801 dOlS O1 0381n038 SV S839N11 3Sn 1131I0 HO OV08 SS3331/ '10081 01N0 9NI1108 141083 S18930 1N3A3Hd 01 1N304d1003 NO111101430 A9 03Sn SOV08 01 1N33VPOV ONV S3dOlS 301S 3H1 d0 3SV9 3H1 8V3N 03810038 SI N01133108d S18930 'S '0V0811V8 3H1 83A0 sa n13ms 803 1V0NVA 180M3S1VJ SNV811V3 HUM 3341V08030V NI ONV 'SOV01 N011110N30 0310d1011NV 3H1 180dd0S 01 8013V81N00 3H1 A9 03NOIS30 39 IIVHS 3408d 3H1 'SN1V81 HO &OH SS303V 'SN31/81 OV0811V8 3H1 01N1 ON111Vd 1108d 101831VW 3NI3 ONV 1SnO 'S18830 NO111100430 1N3A38d 1IVHS 14081 NO1133108d 3H1 '0 'S1191HX3 13081N00 01 83.338 NOI1VN80iN1 N01103108d ONV 30N1/81/310 1tlN0I1100V 803 '£ '133HS NVId NO111101130 03H30110 3H1 NO NMONS SV H10114 300189 3H1 1SVd 01131X3 ONV NMOHS S11AIl NO111101130 3H1 H311/04 AOAININ V SV IIVHS 3111/83 N01133108d 3H1 'Z '10N3011 3ll9nd ONV 0V0811V8 3H1 NOW 03810038 SI S3ONV8V310 °33n038 3H1 80J NOISSIN83d 1V133dS '0V081I118 3H1 A9 03M0110 39 AVM 0310N S33NV8V310 0330038 3H1 '00081108 3H1 MOH NOISSI1183d 1VI03dS 100H1IM 03110110 S33N0814313 'NIN 3141 38V 0310N N01133108d JO S11NI1 08VONVIS 3H1 '1 ('d11) N01133108d NOV81 30 S111111 NOV81 30 OV08 SS330V I N3V81 10 (S 310N 33S ' 'dAl1 N01103108d S18930 N0110310dd 3101dd3 803 NOI103108d 30 S1I11I1 O8dONd1S SNOIINA313 300I89 11118 d0 dOl 'NIN „0-,9I *OV08 SS330V 'NIN „0-,SZ (S 310N 33S ' 'dA1) N01133108d S18930 1'dA11 NO 103108d 101/81 30 S11NI1 N3V81 JO 1) NOV81 JO i 'dAl „0-,6 LOOZ `ZZ'AoN seulloPTIO uomlowaa 0 ijcpyx3 £ JO Z :133HS LOOZ 'LL 8390100 :31V0 SlIdl30 NOI10310dd 30Idd3 NOI1I1000] .r riff 7i 4111,41' ,157 Z 6 do L L 96ed 3015 831110 WOU NOISN31110 'NIW 3sn '0V08 SS303V ON 31* NOI10310dd 30 S1IWIl OddON'd1S N01103S SS080 Nom 300Id8 MIMMDDIXIMIXiD9291,XIKANIPXINKxIXILXIaIX.P4KIKIN 11V8 30 d01 7 1'dAl) N01103108d N3V81 30 S111411-/-------_ — . ' NIW 1 i LN030 300189 'NIW „0-,01 'N01103108d 30 S111411 mnimiW 'NOI1VA313 300189 335 'SNOISN31110 N01103108d 30 S11WIl 'NIA 110.E 'NUNS 38V N01103108d d0 S11W11 011VONVIS 'Z ' 133HS NOI1VA313 300189 NO S310N 1V83N30 33S 'I :S310N x NOI10310dd 31083 d03 NOI10310dd 30 G OONd1S ('dAll N01103108d N3V81 AO S11W11 Nd3d 300I dO M0139 N0V81 30 M0139 )10V81 JO LOOZ 'ZZ'AoN sauil9pin9 uomlowaa J pcipx3 £ d0 £ :133HS lOOZ '!I 8380130 :31V0 l [ V130 013I HS NOV81 NO I 1 I 1OW30 A rw 7/ IYJV l I V130 ON I N0019 X 0131HS X3V81 J a 40 ZL °Bed 'S3I1 31383NO3 80! 0381n038 38V SlIV130 1V103dS 'S311 838N11 803 AlddV NMOHS SlIV130 'II S11V8 N33M139 I80HS Y AB 031dn8S10 38 111M OW SIIVd 3H1 HT108H1 1N3S 38V NOIIVOINONN03 OV081108 'SlIV8 X3V8! 3H1 SS083V 1V13N 33V1d ION 01 N3XV1 39 IIVHS 38V3 '01 'SIV1831VN 3NIJ A8 NOIIVNINVINOD 1SV11V8 1N3A38d 01 03Sn 38 11YHS 83188V8 3189V1030 '3OV89 11/N10180 01 NM00 0Nv 11V8 1S38V3N 3H1 11083 „0-,01 10 NIWIININ V 01 A13131dNO3 03A0N38 38 IIVHS 3198n8 3H1 'AVO 3H1 30 ON] 3H1 IV 'S '11V8 JO d01 3H1 NVH1 831I91H ON NOI1VA313 NV 01 ONV 11V8 1S3803N 3H1 NO81 9-,8 JO NnNININ V 01 03A0N38 38 IIVHS 3198n8 3H1 '39VSSVd NIV81 803 '8 1131OHONV 39 11VHS S838M11 DNINIVM38 '0131HS 3H1 01 03H3V1IV 39 AVM 0131HS 3H1 d0 NO1109 3H1 01 11V8 10 d01 3H1 NOdd DNIX3019 '03A01438 SI 013IHS 3H1 N3HM 111(8 10 d01 3H1 3A08V 01431X3 ION IIVHS 0131HS 3H1 80J S83B1N11 180ddnS IVNIOn11ON01 ! '390189 3H1 10 3003 3H1 01 3583ASNV81 NO111101430 30 S11NI1 3H1 ON0A38 1333 OZ 1SV31 ltl ON31X3 IIVHS 013IHS X3V81 3H1 '9 'NOIIVNINVIN03 IN3A38d 01 NOUNS 1SV11V9 3H1 3N11 11VHS 3188V3030 '1V1831VN 3N1! ONV S18830 IIV 30 03NV313 38 IIVHS 0131HS 3H1 1VAON38 380339 'S '3198n8 ONIdd080 ONV1SH11M D1 ONV S111/8 3H1 NOdn ONI1038 1n0H11M S180deS 5,11 N33M1313 NVdS 01 H1DN381S 1N3131JJnS JO 38 IIVHS 0131HS 3H1 '0 '11/A0N38 A31IdNIS 01 SXOOH DN11311 HUM 03HSINIIN ONV 031V3188V338d 38 IIVHS 03IHS 3H1 '£ 'X3V81 3H1 NOdn NAM °HMIS NOW SI8930 80 S1V1831VN 3NId 1N3A38d 01 A8VSS333N SV 03HSINdnd 38 11VHS S1V1831VN JO S8301 1VN0111000 'NOV81 OV0811V8 3H1 DINO 9N111V3 NO83 S18830 80 1N3Nd11103 ONV S1V1831VN 1N3A38d IIVHS 0131HS 3H1 '38n1DNnd ONV DUNl ONIOn13N1 'SOVOI 0310d1011NV 3H1 180ddnS 01 H1ON381S 1N3131111IS d0 38 11VHS ONV 8010V81NO3 3H1 AB 031491S30 38 IIVHS 0131HS NOV81 3H1 'Z '0131HS X3V8! V !0 35n 3H1 %IMO S31411 11V IV 0381n038 SI NVM 91,11 V 'l (319V IIVAV SI M00NIM 3141I1 NOV81 N3HM) 1VA01138 N330 300[89 1,1083 ONI11VJ SI8930 a03 1 I V130 013 I HS NOVHl IS310N 33S1 1SV11V9 (S31014 33S) ('d11) MINI! 180ddnS IVNIOn11ONO1 X3V81 IS310N 33S) 0131HS 'M -1- )I3V81 I'NINI „0-,S N3V81 d0 I'NINI :S310N (1tln03 03A08ddV 80) N3V81 10 301S H3V3 3188V3 9N1833NION3 Olt 0N08146 V81A381 PS OMAS EXHIBIT H LEGAL DESCRIPTION Caltrans Parcel No. 22101-3 Temporary Construction License APN 101-170-041, 101-170-033, & 102-020-006 In the City of Corona, County of Riverside, State of California, being a portion of the Rancho La Sierra Yorba allotted to Concepcion Serrano de Yorba and Maria Jesus Shorb by Final Decree of Partition entered January 16, 1878, in the District Court of the 17tn Judicial District of said State, in and for the County of Los Angeles, Case No. 31110, a certified copy of said Final Decree being recorded July 16, 1878, in Book "U" of Deeds, Page 239, Records of San Bernardino County, described as follows: Beginning at the "TRUE POINT OF BEGINNING" of Parcel No. 1 (State Parcel No. 2158-3) as described in the Deed recorded March 4, 1981 as Instrument No. 38035 of said Official Records; thence along the southeasterly line of said Parcel No. 1 and its easterly prolongation thereof, North 79°21'32" East 55.89 feet; thence leaving said prolongation, North 10°38'28" West 25.00 feet; thence North 79°21'32" East 111.72 feet; thence North 67°06'21" West 233.96 feet; thence North 79°13'42" East 3,174.25 feet; thence North 57°47'49" West 29.34 feet; thence South 79° 13'42" West 2,793.79 feet; thence North 67°06'21" West 51.95 feet; thence South 79°12'09" West 386.90 feet; thence North 66°36'22" West 89.06 feet; thence South 80°28'11" West 37.54 feet to a point on the easterly prolongation of the northerly line of said Parcel No. 1, said point being further described as the beginning of a non -tangent curve concave northerly having a radius of 5,604.65 feet, a radial line to said point bears South 08°56'28" East; thence westerly along said prolongation, said northerly line, and said curve 634.14 feet through a central angle of 06°28'58; thence continuing along said northerly line and the westerly prolongation thereof, South 88°07'27" West 169.63 feet; thence leaving said westerly prolongation South 89°14'30" West 237.31 feet; thence South 71°48'14" East 204.01 feet; thence North 82°20'47" West 130.44 feet; thence South 89°06'56" West 764.09 feet; P:\2PTG010501 \SUR V EY\LEGALS\22101_APN_ 101-170-041 \Legals\22101-3 RE V. doc 1 /6/2014 Page 1 of 2 1 6 8 9 10 I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS thence North 88°48'53" West 462.29 feet; thence North 00°45'51" West 33.12 feet; thence South 89°14'09" West 20.00 feet; thence South 00°45'51" East 52.45 feet; thence South 88°48'53" East 481.99 feet; thence North 89°06'56" East 762.96 feet; thence South 82°20'47" East 233.65 feet to the beginning of a non -tangent curve concave southwesterly having a radius of 4,869.54 feet, a radial line to said point bears North 19°10'19" East; thence southeasterly along said curve 128,95 feet through a central angle of 01°31'02"; thence South 10'56'14" West 102.20 feet; thence North 88°05'30" East 20.83 feet to a point on the westerly projection of said southeasterly line of said Parcel No. 1, said point being further described as the beginning of a non -tangent curve concave northerly having a radius of 5,854.65 feet, a radial line to said point bears South 02°27'30" East; thence easterly along said prolongation, said southeasterly line, and said curve 662.43 feet through a central angle of 06°28'58"; thence continuing along said southerly line North 80°30'04" East 170.37 feet to an angle point therein; thence North 79°21'32" East 47.07 feet continuing along last said line to the Point of Beginning. Containing 350,537 square feet See Exhibit H1 attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. Prepared under the direction of -66 - l4 Brian E. Bullock, PLS 5260 Date P:\2PTG010501 \SURVEY\LEGALS\22101_APN_101-170-0411egals\22101-3REV.doc 1/6/2014 Page 2 of 2 EXHIBIT H1 INDEX 22101-3 SEE SHEET 3 22101-3 SEE SHEET 2 PARCEL MAP NO, 3091i Pal 207 / 12- 17 LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( ) Title to State 1 1 1 1 ( Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. 22101-3 TEMPORARY CONSTRUCTION LICENSE FEET 0 600 1200 2400 3600 PREPARED BY: PS O M A S DATE: 11-26-12 REV. 2: 01-06-14 EA: FA#: DISTRICT COUNTY ROUTE SHEET RM SHEET NO. TOTAL SHEETS 3 Hutton Centre Drive, Ste. 200 Santo Ana, California 92707 (714)751-7373/(714)545-8893 (Fax) 8 RIV 91 2.9 1 3 EXHIBIT 111 PARCEL# TITLE AREA APN 22101 -3 TCL 350,537 SOFT. 1 01 -1 70-N1 , 033; 1 02-020-006 CURVE DATA N57°47'49"W DELTA RADIUS LENGTH N67°06'21"W29.34' vp C1 01°31'02" 4869.54' 128.95' 51.95' A. o �`` 3, RADIAL TABLE �� ,:�oNA' BEARINGS 4' �"\ R1 N1 9° 1 0'1 9"E Ap0 R2 N20° 41 '21 "E N66° 36'22"W "3/ R3 S08° 56'28"E 89.06' N \-9 c-' L 8 S80°28'11"W ' L7 37.54' L6 S08°56'28"E(R) L5� POB �2 21 01 - 3 A 7-- 3 ---� 2 �5° N80° 30'04"E ��* °ti`b (0a 9 R3 1 70.37' (o �o0 // 4%4O) 11 SIDE ING � \, 6 91 R1 s PION 4y , L A _ � R00� WP`( Ci3 ,,�—�� (0h LINE TABLE , FREE 2 S02°21-'30"E(R) °`vP*PJ BEARINGS DISTANCES 1 px1 � ,,�' ,p<ocbCo L1 582°20'47"E 233.65' �Ao '(C -) ��' ��� 2 0<5o L2 N82° 20'47"W 1 30.44' 9 RO(L �� L3 L3 S10°56'14"W 102.20' RS 4) \ L4 N88°05'30"E 20.83' _/S• °27'30"E(R) 0 L5 N79°21'32"E 47.07' �rL \' '32"E -L ' L6 N79° 21 55.89' �2 � L7 N10°38'28"W 25.00' � L8 N79°21'32"E 111.72' SEE SHEET 3 L9 N67°06'21"W 233.96' LEGEND \ L10 S79° 1 3'42"W 2793.79' 169.63' POB Indicates Point Of Beginning L11 S88°07'27"W TPOB Indicates True Point Of Beginning L1 2 S89° 1 4'30"W 237.31 ' (R) Indicates Radial Bearing \ L13 S71°48'14"E 204.01' ( )Title to State . " . " Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to 2 2 1 0 1- 3 TEMPORARY CONSTRUCTION LICENSE obtain ground distances. All distances are in feet unless otherwise noted. FEET 0 100 200 400 600 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santo (714)751Ana, 73734714)545-8883 (Fax) DATE: 11-26-12 REV. 2: 01-06-14 EA OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 2 . 9 2 3 EXHIBIT H1 PARCEL# TITLE AREA APN 221 01 -3 TCL 350,537 SQ.FT. 1 01 -1 70-041 , 033; 102-020-006 SEE SHEET 2 / ,',.') RADIAL TABLE :-- BEARINGS ,�; 2 , ,f--7 R1 N1 9° 1 0'1 9"E , �`�l ,- ' R2 N20° 41 '21 "E <( �A ' � N �P N.' �i 9 2 �2 �A e Sp 0 Ilk SZ� N \-3 N00''' b l, 1 1 ,` �3 i �1 '�� A F��P 'Sod '� E�S�p� ' oo; ° 9. 2 � �0 " ,/• 1(0.• �o coti 1 c11 ' '� '' 9 ,," �oL. n4' 4) G s. � \� � \ \ • Pulp �o �0- 5� L2 21 01 - 3 ••'� cod �, I � r \ p) ,"' (_�O� o��J �� o • o s i\�� -J \�°5 Q-°�co 9 ��+1 1 " \ (� (� ,i C_ 1/ (� N. .\ �s %� 4 QV. S.' otr0 �,: �} raj q 01 <) 9 \ 9, ''� 2 r 00 43 , 0) KO-. 0 Qe/\�- LINE TABLE `t/ s' ' 9; o, --a )I� BEARINGS DISTANCES p°o (r) / $ IX(C) q; • 44- 0 �'• VA', L1 S82°20'47"E 233.65' °\a �''� 9) F,A O o,. L2 N82°20'47"W 130.44' ,°' �'r N 4 ' L3 S10°56'1 4' W 102.20' �,ti �\ G' L4 N88°05'30"E 20.83' ° ' L1 1 S88°07'27"W 1 69.63' C., �� ah L1 2 S89° 1 4'30"W 237.31 ' ID L13 S71°48'14"E 204.01' \ LEGEND CURVE DATA DELTA RADIUS LENGTH POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning C1 01 °31 '02" 4869.54' 1 28.95' (R) Indicates Radial Bearing \ C2 06°28'58" 5604.65' 634.1 4' ( )Title to State o A NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing ore grid distances. Divide to 2 2 1 0 1- 3 TEMPORARY CONSTRUCTION LICENSE by 0.99997476 obtain ground distances. All distances are in feet unless otherwise noted. I FEET 0 100 200 400 600 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200Santa (714)751n7373/(714)545-8883 (Fax) DATE: 11-26-12 REV. 2: 01-06-14 EA: OF540 FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 2. 9 3 3 ATTACHMENT 5 WEST PORPHYRY OVERHEAD CONSTRUCTION and MAINTENANCE AGREEMENT BNSF Agreement No. BF-1000X00C STATE Contract No. 08R191 RCTC Agreement No. 14-31-114-00 W. Porphyry (Temescal Bridge and Overhead) STATE Br. No. 56-446 DOT No. 026522X San Bernardino Subdivision LS 7602 MP 23.43 This Agreement ("Agreement"), is executed to be effective as of this day of 201_ ("Effective Date"), by and between BNSF RAILWAY COMPANY, a Delaware corporation (BNSF"), the STATE OF CALIFORNIA, acting through the Department of Transportation, hereinafter referred to as ("STATE"), and the RIVERSIDE COUNTY TRANSPORTATION COMMISSION hereinafter referred to as ("RCTC"), a public entity of the State of California, hereinafter referred to as ("Parties"). RECITALS: WHEREAS, BNSF owns and operates a line of railroad in and through the City of Corona, County of Riverside, State of California, hereinafter referred to as ("Rail Corridor"); WHEREAS, under STATE Records, the West Porphyry Overhead is also called the Temescal Bridge and Overhead. For the purpose of this Agreement, these two names are interchangeable and may be referred to hereinafter as West Porphyry Overhead or Temescal Overhead; WHEREAS, BNSF's predecessor in interest, The Atchison, Topeka and Santa Fe Railway Company and STATE entered into an Agreement dated June 15, 1959, carried in BNSF's records as BNSF Secretary's Contract No. CL-63822, ("Original Agreement") which provided for STATE's construction of the West Porphyry Overhead (Temescal Bridge and Overhead) STATE Br. No. 56-446, DOT No. 026522X, ("OVERHEAD") over the Rail Corridor; WHEREAS, the RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ("DISTRICT") was added as a party to the Original Agreement by supplement dated July 23, 1985, providing for STATE's widening of the OVERHEAD over the Rail Corridor, the construction of the Temescal Flood Control Channel ("CHANNEL") across the Rail Corridor, and the replacement of BNSF's Br. 23.5, ("STRUCTURE") over the CHANNEL; WHEREAS, RCTC has adopted a project to extend the existing tolled express lanes on STATE Route 91 between the Riverside/Orange County line and Interstate Highway 1-15 ("SR-91 Corridor Improvement Project"); WHEREAS, the SR-91 Corridor Improvement Project will involve the modification of four existing overpasses that cross BNSF's Rail Corridor, including the East Porphyry Overhead (1-15) DOT No. 026595H, as well as the OVERHEAD; WHEREAS, this Agreement shall provide for the invoicing of the costs of the railroad work to be performed by BNSF and the reimbursement to BNSF of such costs in connection with the modification of all four of the overpasses which are part of the SR-91 Corridor Improvement Project; WHEREAS, BNSF and DISTRICT will enter into a separate Ownership and Maintenance Agreement covering the ownership and maintenance responsibilities for the CHANNEL and STRUCTURE; Page 1 of 17 West Porphyry (Temescal) OH — April 17, 2014 WHEREAS, BNSF, STATE and DISTRICT will enter into a separate Termination Agreement providing for the cancellation and termination of the Original Agreement, as supplemented, effective upon completion of the construction of the SR-91 Corridor Improvement Project's modification of the OVERHEAD; WHEREAS, RCTC and STATE desire to proceed with construction involving the modification of the OVERHEAD providing for its partial demolition, widening, construction of express lanes, and new ramp connections to Interstate Highway I-15 to accommodate the SR-91 Corridor Improvement Project; WHEREAS, a portion of the construction for modification of the OVERHEAD will encroach into and on BNSF's existing northerly Maintenance Road ("Maintenance Road") requiring the construction of a ("Cantilever Bridge") over the adjacent Arlington Channel to accommodate realignment of a portion of the Maintenance Road; WHEREAS, RCTC will fund the cost to design and construct the SR-91 Corridor Improvement Project using a design build contractor ("Contractor"); WHEREAS, STATE is the owner of STATE Route 91, Interstate Highway 1-15 and the STATE Highway System; WHEREAS, RCTC and STATE have entered into Cooperative Agreement No. 08-1468 dated July 25, 2012, permitting RCTC to acquire property on behalf of STATE and to design and construct the SR-91 Corridor Improvement Project; WHEREAS, upon completion and acceptance of the SR-91 Corridor Improvement Project by STATE, STATE will thereafter own and maintain all highway improvements made by RCTC under this Agreement; WHEREAS, pursuant to this Agreement, RCTC will acquire from BNSF a Temporary Construction License; and WHEREAS, pursuant to this Agreement, RCTC will acquire a permanent easement ("Easement"), on behalf of the STATE, as required for the SR-91 Corridor Improvement Project. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the Parties contained herein, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: ARTICLE I — SCOPE OF WORK 1. The term "Project" as used herein includes any and all work related to the modification of the OVERHEAD, more particularly described on Exhibit A, which is attached hereto and incorporated herein, including but not limited to, any and all changes to telephone, telegraph, signal and electrical lines, other utilities and appurtenances, alterations to or new construction of drainage facilities, preliminary and construction engineering, right of way acquisition, construction management, and contract preparation, preliminary and construction engineering, right of way acquisition, construction management, and contract preparation. ARTICLE II — BNSF OBLIGATIONS In consideration of the covenants of RCTC and STATE set forth herein and the faithful performance thereof, BNSF agrees as follows: 1. Upon RCTC's payment to BNSF of an administrative fee in the sum of Two Thousand and No/100 Dollars ($2,000.00) and the payment of XXXX and No/100 Dollars ($00,000.00) as compensation for a temporary construction license fee, BNSF hereby grants to RCTC, its successors and assigns, upon and subject to the terms and conditions set forth in this Agreement, a temporary non-exclusive license Page 2 of 17 West Porphyry (Temescal) OH — April 17, 2014 (hereinafter called ("Temporary Construction License") to construct the Project, as well as the East Porphyry Overhead (1-15) project, across or upon that portion of BNSF's Rail Corridor shown on Exhibit A-1, as described further in the Legal Description, Exhibit H and shown on Parcel Map Exhibit H1,attached to this Agreement, excepting and reserving BNSF's rights, and the rights of any others who have obtained, or may obtain, permission or authority from BNSF, to do the following: (a) Operate, maintain, renew and/or relocate any and all existing railroad track or tracks, wires, pipelines and other facilities of like character upon, over or under the surface of said Rail Corridor; (b) Construct, operate, maintain, renew and/or relocate upon said Rail Corridor, without limitation, such facilities as BNSF may from time to time deem appropriate, provided such facilities do not materially interfere with RCTC's construction of the Project; (c) Otherwise use or operate the Rail Corridor as BNSF may from time to time deem appropriate, provided such use or operations does not materially interfere with STATE's use of the of the OVERHEAD; (d) Require RCTC or its Contractor to execute a Temporary Construction Crossing Agreement, for any temporary crossing requested to aid in the construction of the Project. The term of the Temporary Construction License shall begin on the Notice to Commence Construction date as set forth hereinafter in Article III, Section 15 and ends on the earlier of (i) substantial completion of the Project, or (ii) Thirty Six (36) months following the Notice to Commence Construction. The Temporary Construction License and related rights to be given by BNSF to RCTC shall be without warranty of title of any kind, express or implied, and no covenant of warranty of title will be implied from the use of any word or words therein contained. The Temporary Construction License shall be for the construction of the Project, as well as the East Porphyry Overhead (1-15) DOT No. 026595H project, and for no other purpose. In the event STATE or RCTC is evicted by anyone owning, or claiming title to or any interest in said Rail Corridor, BNSF will not be liable to STATE or RCTC for any damages, losses or any expenses of any nature whatsoever. BNSF shall not grant similar rights to others, subsequent to the date of this Agreement, that impair or interfere with the rights granted to RCTC pursuant to the Temporary Construction License. 2. RCTC shall pay to BNSF the additional sum of XXXX and No/100 Dollars ($00,000.00) as compensation for the Easement, such payment to be made upon execution of this Agreement. Within thirty (30) days of BNSF's final inspection of the modification to the OVERHEAD, BNSF shall deliver to STATE the executed Easement in the form attached hereto as Exhibit B and incorporated herein by reference, providing STATE, its successors and assigns, a perpetual easement to enter upon and use that portion of the Rail Corridor described therein as is necessary to use and maintain the OVERHEAD. 3. BNSF will furnish all labor, materials, tools, and equipment for railroad work required for the construction of the Project. The Parties agree that the estimated cost of all railroad work required for the modification of the East Prado Overhead, the West Prado Overhead, the East Porphyry Overhead, as well as the OVERHEAD in connection with the SR-91 Corridor Improvement Project is as shown on Exhibit D attached hereto and made a part hereof. In the event construction on the Project has not commenced within six (6) months following the Effective Date, BNSF may, in its sole and absolute discretion, revise the cost estimates set forth in said Exhibit D. In such event, the revised cost estimates will become a part of this Agreement as though originally set forth herein. Any item of work incidental to the items listed on Exhibit D not specifically mentioned therein may be included as a part of this Agreement upon written approval of RCTC, which approval will not be unreasonably withheld. Construction of the Project will include the following principal elements of railroad work by BNSF: (a) Procurement of materials, equipment and supplies necessary for the railroad work; (b) Preliminary engineering, design, and contract preparation; Page 3 of 17 West Porphyry (Temescal) OH — April 17, 2014 (c) Furnishing of flagging services necessary for the safety of BNSF's property and the operation of its trains during construction of the Project as set forth in further detail on Exhibit C, attached to this Agreement and made a part hereof; (d) Furnishing of engineering and inspection as required in connection with the construction of the Project; and (e) Providing a contract project coordinator, at RCTC's expense, to serve as a project manager for the Project. 4. BNSF will construct all railroad work set forth in Article II, Section 3 above on an actual cost basis, when BNSF, in its sole discretion, determines it is required by its labor agreements to perform such work with its own employees working under applicable collective bargaining agreements or by contractor(s) if necessary. In conducting the work hereunder, for any work that BNSF subcontracts, BNSF shall comply with all applicable State prevailing wage requirements. BNSF subcontracts for work under this Agreement shall be with the lowest qualified bidder, selected by BNSF pursuant to its normal and customary bidding processes. BNSF shall require any contractors completing work under this Agreement to obtain insurance sufficient to cover the risks associated with such work, as determined by BNSF. 5. RCTC agrees to reimburse BNSF for work of an emergency nature caused by RCTC or RCTC's Contractor in connection with the Project which is reasonably necessary for the immediate restoration of railroad operations, or for the protection of persons or BNSF property. Such work may be performed by BNSF with notification provided to RCTC as soon as practicable and RCTC agrees to fully reimburse BNSF for all such emergency work. 6. BNSF may charge RCTC for insurance expenses, including self-insurance expenses, when such expenses cover the cost of Employer's Liability (including, without limitation, liability under the Federal Employer's Liability Act) in connection with the construction of the Project. Such charges will be considered part of the actual cost of the Project, regardless of the nature or amount of ultimate liability for injury, loss or death to BNSF's employees, if any. 7. During the construction of the four overhead projects referred to in Article II, Section 3 above, BNSF will send RCTC progressive invoices detailing the costs of the railroad work performed by BNSF for all four overhead projects. RCTC must reimburse BNSF for completed force -account work within forty- five (45) calendar days from the date of RCTC's receipt of the invoice for such work. Upon completion of all four of the overhead projects, BNSF will send RCTC a detailed invoice of final costs, segregated as to labor and materials for each item in the recapitulation shown on Exhibit D. Pursuant to this Section, RCTC will verify such final costs. All undisputed costs set forth in the final invoice shall be paid within ninety (90) calendar days from the date of the final invoice. BNSF and RCTC agree to take reasonable efforts to resolve any disputed cost in a timely manner. BNSF will assess a finance charge of 0.033% per day (12% per annum) on any unpaid sums or other charges due under this Agreement which are past its credit terms. The finance charge continues to accrue daily until the date the payment is received by BNSF, not the date that payment is made or the date postmarked on the payment. Finance charges will be assessed on delinquent sums and other charges as of the end of the month and will be reduced by amounts in dispute and any un-posted payments received by the month's end. Finance charges will be noted on invoices sent to RCTC under this Section 7. For purposes of computing the time limits prescribed by Section 911.2 of the CALIFORNIA GOVERNMENT CODE for the presentment of a claim against the RCTC, the cause of action for failure to reimburse BNSF for the cost of the railroad work performed by it pursuant to this Agreement shall be deemed to have accrued one hundred eighty (180) days from the date of the final invoice. 8. BNSF agrees to comply and to require its contractors to comply with the ("Buy America") requirements set forth in the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) Sections 1041(a) and 1048(a), 23 U.S.C. 313 and 23 C.F.R. Part 635.410, which are incorporated into this Agreement by reference, and which require that all steel, iron, and manufactured products used in FHWA-funded projects are produced in the United States, unless a waiver has been granted by FHWA or Page 4 of 17 West Porphyry (Temescal) OH — April 17, 2014 the product is subject to a general waiver. In conformance with the foregoing specified laws and regulations, all manufacturing processes for steel and iron materials furnished for incorporation into the work shall occur in the United States; with the exception that pig iron and processed, pelletized and reduced iron ore manufactured outside of the United States may be used in the domestic manufacturing process for such steel and iron materials. The application of coatings, such as epoxy coating, galvanizing, painting, and other coating that protects or enhances the value of steel or iron materials shall be considered a manufacturing process subject to the Buy America requirements. The Buy America requirements do not prevent a minimal use of foreign steel and iron materials if the total combined cost of the materials used does not exceed one -tenth of one percent (0.1 %) of the total contract cost or $2,500, whichever is greater. BNSF shall maintain documentation of the quantity and value of the foreign steel and iron prior to incorporating the materials into the work, if any. 9. BNSF shall invoice RCTC for the railroad work as set forth in Exhibit D in the amount of Three Million Six Hundred Sixteen Thousand Four Hundred Ninety Nine and No/100 Dollars ($3,616,499.00) to be paid in advance of BNSF's commencement of services, as provided herein below in Article III, Section 14. ARTICLE III — RCTC OBLIGATIONS In consideration of the covenants of STATE and BNSF set forth herein and the faithful performance thereof, RCTC agrees as follows: 1. RCTC shall furnish to BNSF and STATE plans and specifications for the Project together with calculations with the railroad clearances expressed in English Units. One complete reduced size 11" x 17" paper copy shall be submitted to BNSF's Director Bridge Engineering. A PDF copy of the plans and specifications should be sent to both BNSF's Manager Public Projects and BNSF's Director Bridge Engineering. The PDF copy with a file size of two (2) megabytes or less should be sent via an email attachment. Should the PDF copy of the plans and specifications exceed two (2) megabytes, a CD (Compact Disk) of the plans and specifications should be sent via overnight mail service to both BNSF offices. The email and mailing addresses are included in Article V, Section 21. Sets of said plans shall be submitted to BNSF and STATE for approval prior to commencement of any construction. BNSF will give RCTC final written approval of the plans and specifications substantially in the form of Exhibit E, attached to this Agreement and made a part hereof. Upon BNSF's final written approval of the plans and specifications, said plans and specifications will become part of this Agreement and are hereby incorporated herein. Any approval of the plans and specifications by BNSF shall in no way obligate BNSF in any manner with respect to the finished product design and/or construction. Any approval by BNSF shall mean only that the plans and specifications meet BNSF standard specifications, and such approval by BNSF shall not be deemed to mean that the plans and specifications or construction is structurally sound and appropriate or that such plans and specifications meet applicable regulations, laws, statutes or local ordinances and/or building codes. 2. RCTC must make application to the California Public Utility Commission ("Commission") for an order authorizing construction of the Project and will furnish the Commission plans of the proposed construction, approved by BNSF, together with a copy of this Agreement. 3. RCTC must obtain all other required permits and approvals for the construction of the Project. 4. RCTC must provide for and maintain minimum vertical and horizontal clearances, as required and approved by BNSF as part of the plans and specifications for the Project. 5. RCTC must make any and all arrangements, in compliance with BNSF's Utility Accommodation Manual (http://www.bnsf.com/communities/faqs/pdf/utility.pdf), for the installation or relocation of wire lines, pipe lines and other facilities owned by private persons, companies, corporations, political subdivisions or public utilities other than BNSF which may be necessary for the construction of the Project. Page 5 of 17 West Porphyry (Temescal) OH —April 17, 2014 6. RCTC must construct the Project as shown on the attached Exhibit A and do all work provided for in the plans and specifications for the Project, except railroad work that will be performed by BNSF herein. RCTC must furnish all labor, materials, tools and equipment for the performance of RCTC's work. The principal elements of RCTC's work are as follows: (a) Preliminary and final Engineering; (b) Demolition and removal of a portion of the existing OVERHEAD; (c) Design and the construction of the OVERHEAD; (d) Construction of required retaining walls; (e) Construction of a Cantilever Bridge for the realignment of the Maintenance Road over the Arlington Channel; (f) Providing of suitable drainage both temporary and permanent; (9) All other necessary grading and paving, including backfill of excavations and restoration of disturbed vegetation on BNSF's Rail Corridor; (h) Application of the DOT No. 026522X and the CPUC No. 002B-23.50-A in conspicuous locations on the OVERHEAD; (i) Removal of the sleeves for the CID Piles to a depth of five feet below ground surface; and (j) Job site cleanup within Project area including removal of all construction materials, all temporary track embankment not being reused by BNSF, all ballast not reclaimed by BNSF, concrete debris, surplus soil, refuse, disturbed contaminated soils, asphalt debris, litter and other waste materials to the satisfaction of BNSF. 7. RCTC will acquire all properties and/or easement rights or construction licenses required to construct and/or maintain the Project. 8. RCTC's work must be performed by RCTC or RCTC's Contractor in a manner that will not endanger or interfere with the safe and timely operations of BNSF and its facilities. 9. RCTC must require its Contractor(s) to notify BNSF's Roadmaster at least thirty (30) calendar days prior to requesting a BNSF flagman in accordance with the requirements of Exhibit C attached hereto. Additionally, RCTC must require its Contractor(s) to notify BNSF's Manager Public Projects thirty (30) calendar days prior to commencing work on BNSF property or near BNSF tracks. 10. RCTC or its Contractor(s) shall submit one reduced size 11" x 17" paper copy, including calculations, expressed in English Units of the plans and specifications for proposed shoring, or cribbing to be used over, under, or adjacent to BNSF's tracks to BNSF's Director Bridge Engineering. RCTC or its Contractor(s) shall submit a PDF copy of the plans and specifications for the proposed shoring, or cribbing to both BNSF's Manager Public Projects and BNSF's Director Bridge Engineering. The PDF copy with a file size of two (2) megabytes or less should be sent via an email attachment. Should the PDF copy of the plans and specifications exceed two (2) megabytes, a CD (Compact Disk) of the plans and specifications should be sent via overnight mail service to both BNSF offices for approval. The email and mailing addresses are included in Article V, Section 21. The shoring or cribbing used by RCTC's Contractor(s) shall comply with the BNSF Bridge Requirements set forth on Exhibit F, and BNSF's INSTRUCTIONS FOR PREPARATION OF DEMOLITION PLANS as set forth in Exhibit G with both Exhibits attached to this Agreement and incorporated herein, and all applicable requirements promulgated by state and federal agencies, departments, commissions and other legislative bodies. Page 6 of 17 West Porphyry (Temescal) OH — April 17, 2014 Falsework shall be designed according to the State of California, Department of Transportation FALSEWORK MANUAL available at this Web Site: http://www.dot.ca.gov/hq/esc/construction/manuals/OSCCompleteManuals/FalseworkManual.pdf 11. RCTC must include the following provisions in any contract with its Contractor(s) performing work on the Project: (a) The Contractor is placed on notice that fiber optic, communication and other cable lines and systems (collectively, the "Lines") owned by various telecommunications companies may be buried on BNSF's property or Rail Corridor. The locations of these Lines have been included on the plans based on information from the telecommunications companies. The Contractor will be responsible for contacting BNSF's OneCall (telephone number (800) 533-2891) and the telecommunications companies and notifying them of any work that may damage these Lines or facilities and/or interfere with their service. The Contractor must also mark all Lines shown on the plans or marked in the field in order to verify their locations. The Contractor must also use all reasonable methods when working in the BNSF Rail Corridor or on BNSF property to determine if any other Lines (fiber optic, cable, communication or otherwise) may exist. (b) Failure to mark or identify these Lines will be sufficient cause for any BNSF Representative to stop construction at no cost to RCTC or BNSF until these items are completed. (c) In addition to the liability terms contained elsewhere in this Agreement, the Contractor hereby indemnifies, defends and holds harmless BNSF for, from and against all cost, liability, and expense whatsoever (including, without limitation, attorney's fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of Contractor, its subcontractors, agents and/or employees that cause or in any way or degree contribute to (1) any damage to or destruction of any Lines by Contractor, and/or its subcontractors, agents and/or employees, on BNSF's property or within BNSF's Rail Corridor, (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on BNSF's property or within BNSF's Rail Corridor, and/or (3) any claim or cause of action for alleged loss of profits or revenue by, or loss of service by a customer or user of such telecommunication company(ies). THE LIABILITY ASSUMED BY CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE, DESTRUCTION, INJURY, DEATH, CAUSE OF ACTION OR CLAIM WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, UNLESS SUCH CLAIMS ARE WHOLLY CAUSED BY THE WILLFUL MISCONDUCT OR SOLE NEGLIGENCE OF BNSF. (d) The Contractor will be responsible for the rearrangement of any facilities or Lines determined to interfere with the construction. The Contractor must cooperate fully with any telecommunications company(ies) in performing such rearrangements. 12. RCTC must incorporate in each prime contract for construction of the Project, or the specifications therefor (i) the provisions set forth in Articles III and IV, and (ii) the provisions set forth in Exhibit C, Exhibit C-1, Exhibit F, and Exhibit G, attached hereto and by reference made a part hereof. 13. Except as otherwise provided below in this Section 13, all construction work performed hereunder by RCTC for the Project will be pursuant to a contract or contracts to be let by RCTC, and all such contracts must include the following: Page 7 of 17 West Porphyry (Temescal) OH — April 17, 2014 (a) All work performed under such contract or contracts within the limits of BNSF's Rail Corridor must be performed in a good and workmanlike manner in accordance with plans and specifications approved by BNSF; (b) Changes or modifications during construction that affect safety or BNSF operations must be subject to BNSF's approval; (c) No work will be commenced within BNSF's Rail Corridor until each of the prime Contractors employed in connection with said work must have (i) executed and delivered to BNSF an agreement in the form of Exhibit C-1, and (ii) delivered to and secured BNSF's approval of the required insurance; (d) If it is in RCTC's best interest, RCTC may direct that the construction of the Project be done by day labor under the direction and control of RCTC, or if at any time, in the opinion of RCTC, the Contractor has failed to prosecute with diligence the work specified in and by the terms of said contract, RCTC may terminate its contract with the Contractor and take control over the work and proceed to complete the same by day labor or by employing another contractor(s) provided however, that any contractor(s) replacing the original Contractor(s) must comply with the obligations in favor of BNSF set forth above and, provided further that if such construction is performed by day labor, RCTC will, at its expense, procure and maintain on behalf of BNSF the insurance required by Exhibit C-1; (e) To facilitate scheduling for the Project, RCTC shall have its Contractor give BNSF's Project Engineer at telephone number 909 386 4079 eight (8) weeks advance notice of the proposed times and dates for work windows. BNSF and RCTC's Contractor will establish mutually agreeable work windows for the Project. RCTC shall inform its Contractor that any request for work windows with less than eight (8) weeks advance notice will have a reduced probability of approval. BNSF has the right at any time to revise or change the work windows, due to train operations or service obligations. BNSF will not be responsible for any additional costs and expenses resulting from a change in work windows. Additional costs and expenses resulting from a change in work windows shall be accounted for in the Contractor's expenses for the Project; and If applicable, the plans and specifications for the OVERHEAD must be in compliance with the Bridge Requirements set forth in said Exhibit F and the INSTRUCTIONS FOR PREPARATION OF DEMOLITION PLANS set forth in Exhibit G, with both Exhibits attached to this Agreement and incorporated herein. 14. RCTC must give BNSF's Manager Public Projects written notice to proceed ("Notice to Proceed") with the railroad work and advance the funds for the estimated cost of the railroad portion of the Project to BNSF as set forth in said Exhibit D. BNSF will not begin the railroad work (including, without limitation, procurement of supplies, equipment or materials) until written Notice to Proceed and funds for construction of the railroad portion of the Project are received from RCTC. The Notice to Proceed must reference BNSF's Agreement No. BF-1000XXXX. 15. Subject to the restrictions imposed by Article V, Section 11 below, the construction of the Project will not commence until RCTC gives BNSF's Manager Public Projects thirty (30) days written notice to commence construction ("Notice to Commence Construction") when the Contractor has satisfied the requirements set forth hereinabove in Article III, Section 13 (c) and will enter BNSF Rail Corridor to begin construction. The Notice to Commence Construction must reference BNSF's Agreement No. BF-1000)000( and must state the time that construction activities will begin. 16. RCTC must advise the BNSF Manager Public Projects, in writing, of the completion date of the Project within thirty (30) days after such completion date. Additionally, RCTC must notify BNSF's Manager Public Projects, in writing, of the date on which RCTC, and/or STATE, and/or RCTC's Contractor will meet with BNSF for the purpose of making final inspection of the Project. (f) Page 8 of 17 West Porphyry (Temescal) OH — April 17, 2014 17. RCTC HEREBY RELEASES, INDEMNIFIES, DEFENDS AND HOLDS HARMLESS BNSF, ITS AFFILIATED COMPANIES, PARTNERS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, FINES, PENALTIES, COSTS, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, DEMANDS, JUDGMENTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS' FEES) OF ANY NATURE, KIND OR DESCRIPTION OF ANY PERSON (INCLUDING, WITHOUT LIMITATION, THE EMPLOYEES OF THE PARTIES HERETO) OR ENTITY DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM OR RELATED TO (IN WHOLE OR IN PART) (I) THE USE, OCCUPANCY OR PRESENCE OF RCTC, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES OR AGENTS IN, ON, OR ABOUT THE CONSTRUCTION SITE, (II) THE PERFORMANCE, OR FAILURE TO PERFORM BY RCTC, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR AGENTS, ITS WORK OR ANY OBLIGATION UNDER THIS AGREEMENT, (III) THE SOLE OR CONTRIBUTING ACTS OR OMISSIONS OF RCTC, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR AGENTS IN, ON, OR ABOUT THE CONSTRUCTION SITE, (IV) RCTC'S BREACH OF THE TEMPORARY CONSTRUCTION LICENSE GRANTED TO RCTC PURSUANT TO ARTICLE II OF THIS AGREEMENT, (V) ANY RIGHTS OR INTERESTS GRANTED TO RCTC PURSUANT TO THE TEMPORARY CONSTRUCTION LICENSE DISCUSSED IN ARTICLE II OF THIS AGREEMENT, (VI) RCTC'S OCCUPATION AND USE OF BNSF'S PROPERTY OR RAIL CORRIDOR AS CONTEMPLATED IN THIS AGREEMENT, OR (VII) AN ACT OR OMISSION OF RCTC OR ITS OFFICERS, AGENTS, INVITEES, EMPLOYEES OR CONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER AS RELATES TO THIS AGREEMENT. THE LIABILITY ASSUMED BY RCTC WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE, DESTRUCTION, INJURY OR DEATH WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, UNLESS SUCH CLAIMS ARE WHOLLY CAUSED BY THE WILLFUL MISCONDUCT OR SOLE NEGLIGENCE OF BNSF. ARTICLE IV - STATE OBLIGATIONS In consideration of the covenants of BNSF and RCTC herein contained and the faithful performance thereof, STATE agrees: 1. To permit RCTC to act as the responsible lead agency to design and construct the Project. 2. In addition to the terms and conditions set forth elsewhere in this Agreement, including, but not limited to, the terms and conditions stated in Exhibit F, BNSF and STATE agree to the following terms upon completion of construction of the Project: (a) BNSF will own and maintain, at its sole cost and expense, its roadbed, track, railroad drainage, and all other railroad facilities, however, nothing herein contained shall relieve STATE of any liability it would otherwise have with respect to damage caused to said OVERHEAD by negligent act or omission of STATE or its employees; (b) STATE will own and maintain, at its sole cost and expense, the OVERHEAD, the Maintenance Road's Cantilever Bridge over the Arlington Channel, the highway approaches, and appurtenances thereto, lighting, drainage and any access roadway to BNSF gates installed pursuant to this Agreement. BNSF may perform maintenance on the OVERHEAD and/or the Cantilever Bridge in order to avoid conflicts with train operation. BNSF will notify STATE for concurrence prior to performing any such maintenance on the OVERHEAD or Cantilever Bridge. In the event such maintenance involves emergency repairs due to an earthquake, fire, flood, damage from vehicular impacts or other emergent situations, BNSF will immediately notify STATE of items in need of repair that are under STATE's responsibility. If the STATE does not complete the repairs that have been mutually agreed to within a reasonable time period, BNSF personnel and/or providers may perform the repairs and invoice the STATE for the entire Page 9 of 17 West Porphyry (Temescal) OH —April 17, 2014 cost of such repairs. Notwithstanding the foregoing, BNSF may remove any materials that infringe upon or violate the minimum clearances described in Exhibit (C) by methods that would not cause damage to the structural integrity of the bridge without prior notice to, or concurrence by, STATE. STATE agrees to reimburse BNSF for the costs it incurs pursuant to this subsection (b); (c) STATE must, at STATE's sole cost and expense, keep the OVERHEAD painted and free from graffiti; (d) STATE must maintain the DOT No. 026522X and CPUC No. 002B-23.50-A in legible condition in the conspicuous locations on the OVERHEAD; (e) It is understood by STATE that the right to install utilities is restricted to the placement of underground utilities beneath BNSF's tracks located a minimum of fifty (50) feet from abutments, piers, piles, or footings with the exception that upon BNSF's prior approval BNSF will permit selected utilities to be installed closer to the abutments, piers, piles, footings and/or run through the deck of the OVERHEAD. Under no circumstances will utilities be allowed to hang from the OVERHEAD. All utility crossings within the limits of BNSF's Rail Corridor will be covered by separate agreements between BNSF and each of the owners of the utilities; (f) (g) STATE must keep the OVERHEAD and surrounding areas clean and free from birds, pigeons, scavengers, vermin, creatures and other animals; and In conformance with and limited to the applicable effect of California Laws insofar as the indemnity and insurance provisions set forth in any of the preceding sections or any rider, amendment or addendum hereto, STATE is self -insured. If STATE performs (i) alterations or modifications to the OVERHEAD the Cantilever Bridge, or (ii) any maintenance or other work on the OVERHEAD and/or the Cantilever Bridge with heavy tools, equipment or machinery at ground surface level, horizontally within 25'-0" of the centerline of the nearest track, or (iii) any maintenance or other work outside the limits of the deck of the OVERHEAD vertically above the top of the rail, then STATE shall provide BNSF defense and indemnification at least equal to the defense, indemnification and insurance provisions contained in the current Exhibit C-1 at the time alterations or modifications to the OVERHEAD and/or the Cantilever Bridge are undertaken, in accordance with California Government Code section 14662.5. Nothing herein shall be deemed to insure BNSF against its sole negligence or willful misconduct. Notwithstanding the foregoing, STATE agrees not to commence such alterations, modifications, maintenance, or other work to the OVERHEAD and/or the Cantilever Bridge with day labor, until such time as (i) BNSF has procured, at STATE's sole cost and expense, a Railroad Protective Liability insurance policy naming BNSF as the insured, as required by the current Exhibit C-1, and (ii) STATE has reimbursed BNSF for the costs to obtain the Railroad Protective Liability insurance policy. 3. Subject to the restrictions imposed by Article V, Section 11 below, STATE must notify and obtain prior authorization from BNSF's Manager Public Projects to perform (i) inspection, (ii) alterations or modifications to the OVERHEAD, or (iii) any maintenance or other work on, over or under the OVERHEAD before entering BNSF's Rail Corridor or for work located a minimum distance of 25'-0" measured horizontally from the centerline of the nearest track or a greater distance specified by BNSF's Manager Public Projects and must procure and maintain the insurance coverage required by Exhibit C-1 and comply with the obligations set forth in Exhibit C and Exhibit F, as the same may be revised from time to time. In the event any of the work to be done on behalf of STATE upon BNSF's Rail Corridor is to be done by a contractor, STATE will be responsible for its contractor(s) compliance with such obligations. Page 10 of 17 West Porphyry (Temescal) OH — April 17, 2014 4. PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 14662.5, STATE HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS BNSF FROM, AND TO REPAIR OR PAY FOR ANY DAMAGE PROXIMATELY CAUSED BY REASON OF THE USES AUTHORIZED BY THIS AGREEMENT AND THE EASEMENT. ARTICLE V — JOINT OBLIGATIONS IN CONSIDERATION of the premises, the Parties hereto mutually agree to the following: 1. All work contemplated in this Agreement must be performed in a good and workmanlike manner and each portion must be promptly commenced by the party obligated hereunder to perform the same and thereafter diligently prosecuted to conclusion in its logical order and sequence. Furthermore, any changes or modifications during construction which affect BNSF will be subject to BNSF's approval prior to the commencement of any such changes or modifications. BNSF will notify RCTC of potential impacts to Project at the time said impacts are known, subject to the provisions of Article II, Section 5. 2. The work hereunder must be performed in accordance with the Bridge Requirements set forth in Exhibit F, the INSTRUCTIONS FOR PREPARATION OF DEMOLITION PLANS as set forth in Exhibit G, and the detailed plans and specifications approved by BNSF. 3. RCTC must require its Contractor(s) to reasonably adhere to the Project's construction schedule for all Project work. At BNSF's discretion, any work that would affect train operations shall be scheduled at night. The Parties hereto mutually agree that BNSF's failure to complete the railroad work in accordance with the construction schedule due to inclement weather or unforeseen railroad emergencies will not constitute a breach of this Agreement by BNSF and will not subject BNSF to any liability. Regardless of the requirements of the construction schedule, BNSF reserves the right to reallocate the labor forces assigned to complete the railroad work in the event of an emergency to provide for the immediate restoration of railroad operations of either BNSF or its related railroads, or to protect persons or property on or near any BNSF owned property. BNSF will not be liable for any additional costs or expenses resulting from any such reallocation of its labor forces. The Parties mutually agree that any reallocation of labor forces by BNSF pursuant to this provision and any direct or indirect consequences or costs resulting from any such reallocation will not constitute a breach of this Agreement by BNSF. 4. BNSF shall have the right to request any RCTC employee, or STATE employee, who enters BNSF's Rail Corridor and because of their incompetence, neglect of duty and/or unsafe conduct, misconduct, or they adversely affect BNSF's operations or facilities, be removed from the Rail Corridor. In the event RCTC or STATE elects not to honor such request, BNSF may stop work within its Rail Corridor until the matter has been fully resolved to BNSF's satisfaction. The party whose employee has been asked to leave the Rail Corridor will indemnify BNSF and the other Parties against any claims arising from such removal. 5. BNSF will have the right to stop construction work on the Project if any of the following events take place ("Event of Default"): (i) Contractor (or any of its subcontractors) performs the Project work in a manner contrary to the plans and specifications approved by BNSF; (ii) Contractor (or any of its subcontractors), in BNSF's opinion, prosecutes the Project work in a manner that is hazardous to BNSF property, facilities or the safe and expeditious movement of railroad traffic; (iii) any RCTC employee or STATE Employee because of their incompetence, neglect of duty and/or unsafe conduct or misconduct they adversely affect BNSF's operations or facilities as described in Article V, Section 4 above, or (iv) the insurance described in the attached Exhibit C-1 is canceled during the course of the Project; or (v) RCTC or STATE breach any other provision of this Agreement. For an Event of Default as described in subsections (i), (ii), (iii), or (iv) above, BNSF may commence the work stoppage immediately, and shall provide notice to RCTC of such stoppage at the earliest time feasible. Prior to commencing any work stoppage for the Event of Default described in subsection (v) above, BNSF will first provide to RCTC thirty (30) days written notice of such Event of Default, and opportunity to cure. If RCTC fails to cure such Event of Default within the thirty (30) day period, the work stoppage may commence. Any work stoppage will continue until the breach is cured or until all necessary actions are taken by RCTC, its Contractor or Page 11 of 17 West Porphyry (Temescal) OH — April 17, 2014 subcontractors, to rectify the situation to the satisfaction of BNSF's Division Engineer or until proof of additional insurance has been delivered to and accepted by BNSF. Any work stoppage under this provision will not give rise to any liability on the part of BNSF. BNSF's right to stop the work is in addition to any other rights BNSF may have including, but not limited to, actions or suits for damages or lost profits. In the event that BNSF desires to stop construction work on the Project, BNSF agrees to immediately notify the following individual in writing: Michael Blomquist Toll Program Director RIVERSIDE COUNTY TRANSPORTATION COMMISSION 480 Lemon Street, 3rd Floor Riverside, CA 92502-2208 Office: (951) 778-1098 Fax (951) 787-7920 mblomquist@rctc.orq 6. RCTC's or STATE's employees, agents, contractors, representatives and invitees shall wear Personal Protective Equipment ("PPE") when on the BNSF's Rail Corridor during construction of the Project or performing subsequent maintenance after completion of construction. The PPE shall meet applicable OSHA and ANSI specifications. Current BNSF PPE requirements are listed on the web site, www.BNSFContractor.com. A partial list of BNSF's PPE requirements include: a) safety glasses: permanently affixed side shields; no yellow lenses, b) hard hats with high visibility orange cover, c) safety shoes: hardened toe, above -the -ankle lace -up with a defined heel and d), high visibility retro-reflective orange vests are required as specified by BNSF's representative in charge of the Project. PPE requirements as defined on the web site, will be amended from time to time, and shall take precedence over the partial list of requirements outlined in this Section 6 of Article V. Hearing protection, fall protection and respirators will be worn as required by state and federal regulations. 7. RCTC must supervise and inspect the operations of all RCTC Contractors to ensure compliance with the plans and specifications approved by BNSF, the terms of this Agreement and all safety requirements of BNSF. If BNSF determines that proper supervision and inspection are not being performed by RCTC personnel and construction management consultants at any time during construction of the Project, BNSF has the right to stop construction (within or adjacent to its operating Rail Corridor). Construction of the Project will not proceed until RCTC corrects the situation to BNSF's reasonable satisfaction. If BNSF feels the situation is not being corrected in an expeditious manner, BNSF will immediately notify RCTC's Toll Program Director for appropriate corrective action. 8. Pursuant to this Section and Article II, Section 7 herein, RCTC must reimburse BNSF in full for the actual costs of all work performed by BNSF under this Agreement (including taxes, such as applicable sales and use taxes, business and occupation taxes, and similar taxes). 9. In any action brought under this Agreement, the prevailing Party shall be entitled to recover its actual costs and attorney's fees pursuant to California Civil Code Section 1717, as well as other litigation costs, including expert witness fees. The prevailing Party shall also be entitled to recover all actual attorney's fees and litigation costs incurred in connection with the enforcement of a judgment arising from such action or proceeding. 10. All expenses detailed in statements sent to RCTC pursuant to Article II, Section 7 herein will comply with the terms and provisions of the Title 23 U.S. Code, Title 23 Code of Federal Regulations, and the Federal -Aid Policy Guide, U.S. Department of Transportation, as amended from time to time, which manual is hereby incorporated into and made a part of this Agreement by reference. RCTC agrees that BNSF's preliminary engineering, design, and contract preparation costs described in Article II, Section 3 herein are part of the costs of the Project even though such work may have preceded the date of this Agreement and the issuance of the Notice to Proceed as more particularly described in Article III, Section 14. Page 12 of 17 West Porphyry (Temescal) OH — April 17, 2014 11. The Parties mutually agree that no construction activities for the Project, nor future maintenance of the OVERHEAD once completed that would interfere with operations of the Rail Corridor will be permitted during the fourth quarter of each calendar year. Emergency work will be permitted only upon prior notification to BNSF's Network Operations Center (telephone number: 800 832-5452). The Parties hereto mutually understand and agree that trains cannot be subjected to delay during this time period. 12. Within 90 days of the conclusion of the Project and final acceptance by BNSF and STATE, RCTC must provide BNSF with a complete electronic set of the bridge plans with the railroad clearances (prepared in English Units). BNSF will also accept a marked up paper copy of the bridge plans labeled "As Built". The marked up copy of those plans will reflect any and all deviations from the original plans that occurred during construction. The electronic set of bridge plans will be submitted in Micro Station *.dgn electronic format (preferred) or AutoCAD *.dwg format. Electronic plans are to be submitted in the original format used for CAD plan preparation and not converted to another format prior to submission. The As Built plans shall show actual measured "as constructed" clearances as well as depth, size and location of all foundation components. The plans shall show dimensioned locations of existing and relocated utilities. The As Built plans must comply with the Bridge Requirements set forth on Exhibit F and depict all information in BNSF engineering stationing and mile post pluses. The As Built plans must also include plan and profile, structural bridge drawings and specifications, and drainage plans. All improvements and facilities must be shown. It is understood that BNSF prefers to receive the As Built plans in an electronic format. 13. BNSF may, at its expense, make future changes or additions to its facilities if necessary or desirable, in BNSF's sole discretion, including, without limitation the following: (i) the right to raise or lower the grade or change the alignment of its tracks, (ii) the right to lay additional track or tracks, or (iii) the right to build other facilities in connection with the operation of its railroad. Such changes or additions must not change or alter the highway components of the OVERHEAD. If it becomes necessary or desirable in the future to change, alter, widen or reconstruct the highway components of the OVERHEAD to accommodate railroad projects, the cost of such work, including any cost incidental to alteration of railroad or highway facilities made necessary by any such changes to the OVERHEAD, will be divided between BNSF and STATE in such shares as may be mutually agreed to by them. Any alteration or reconstruction of the highway components of the OVERHEAD will be covered by a Commission order. 14. STATE may, at STATE's sole expense, alter or reconstruct the OVERHEAD if necessary or desirable, due to traffic conditions or pedestrian or other recreational traffic, provided, however, that any such alteration or reconstruction, must receive BNSF's prior written approval as evidenced by either a supplement to this Agreement, or execution of a new agreement that provides for the termination of this Agreement. Furthermore, any alteration or reconstruction of the highway components of the OVERHEAD will be covered by a Commission order. 15. Any books, papers, records and accounts of the Parties hereto relating to the work hereunder or the costs or expenses for labor and material connected with the construction will at all reasonable times be open to inspection and audit by the agents and authorized representatives of the Parties hereto and the Federal Highway Administration, for a period of three (3) years from the date of the final BNSF invoice under this Agreement. 16. The covenants and provisions of this Agreement are binding upon and inure to the benefit of the successors and assigns of the Parties hereto. Notwithstanding the preceding sentence, no party hereto may assign any of its rights or obligations hereunder without the prior written consent of the other party. 17. In the event construction of the Project does not commence within three (3) years of the Effective Date, this Agreement will become null and void. 18. Neither termination nor expiration of this Agreement will release any party from any liability or obligation under this Agreement, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or expiration. 19. To the maximum extent possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement is prohibited Page 13 of 17 West Porphyry (Temescal) OH — April 17, 2014 by, or held to be invalid under, applicable law, such provision will be ineffective solely to the extent of such prohibition or invalidity and the remainder of the provision will be enforceable. 20. This Agreement (including exhibits and other documents, manuals, etc. incorporated herein), together with previously acquired and recorded property rights if any, is the full and complete agreement between BNSF, RCTC and STATE with respect to the subject matter herein and supersedes any and all other prior agreements between the Parties hereto. 21. Any notice provided for herein or concerning this Agreement must be in writing and will be deemed sufficiently given when sent by certified mail, return receipt requested, to the Parties at the following addresses: BNSF: RCTC: STATE: Manager Public Projects Melvin Thomas 740 E. Carnegie Drive San Bernardino, CA 92408 Email: Melvin.Thomas4bnsf.com Director Bridge Engineering Ron Berry 4515 Kansas Avenue Kansas City, KS 66106 Email: Ronald.Berrv(abnsf.com Project Engineer Greg Rousseau 740 E. Carnegie Drive San Bernardino, CA 92408 Email: Greq.Rousseau@bnsf.com Division Engineer Adam Richardson 740 E. Carnegie Drive San Bernardino, CA 92408 Email: Adam.Richardson(a�bnsf.com Michael Blomquist Toll Program Director Riverside County Transportation Commission 480 Lemon Street, 3rd Floor Riverside, CA 92502-2208 Office: (951) 778-1098 Fax (951) 787-7920 Email: mblomquistArctc.orq Department of Transportation Ben Martin Office Chief for Railroads and Utilities Relocation Division of Right of Way & Land Surveys 1120 N. Street, MS 37 Sacramento, CA 95814-5690 Office: (916) 654-5413 Email: ben.martinAdot.ca.gov IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and attested by its duly qualified and authorized officials as of the day and year first above written. (Signature pages to follow) Page 14 of 17 West Porphyry (Temescal) OH — April 17, 2014 BNSF RAILWAY COMPANY By: Printed Name: Sanford C. Sexhus Title: Vice President of Engineering Page 15 of 17 West Porphyry (Temescal) OH — April 17, 2014 RIVERSIDE COUNTY TRANSPORTATION COMMISSION By: Name and Title REVIEWED AND RECOMMENDED FOR APPROVAL: By: Name and Title REVIEWED FOR FISCAL IMPACT: By: Chief Financial Officer APPROVED AS TO FORM: By: Best Best & Krieger LLP Counsel to the Riverside County Transportation Commission Page 16 of 17 West Porphyry (Temescal) OH — April 17, 2014 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By: Name: Ben Martin Title: Office Chief for Railroads and Utilities Relocation Division of Right of Way & Land Surveys APPROVED AS TO FORMS AND PROCEDURES: By: ROGER FORMANEK, Attorney Department of Transportation APPROVAL RECOMMENDED: By: Denny Fong, P.E. Railroad Agreements Engineer Page 17 of 17 West Porphyry (Temescal) OH — April 17, 2014 Z� dO A2JAHd2:I0d 163M w A21AHd2jOd 1SV3 8Z 3001d8 V32JV MOM AM-1&10d 1S3M -frZ 3oado �d V-O9•£Z - SZOO #undo XZZ99Z0 #lOO £17TZ dW dSNB OL+L£ZL V1S UON3 dSNB M.60.££oL l l :30 n110NOl N.117. 9o££ :30n111V1 Z09L-S1 ONIONVN2138 NVSNOISIn108nS :S310N OV02111V13 A21AHd210d 1S3M A21AHdKd 1S3M LZ 3001N8 "s 5Z 300a9 9Z 300118 1N301S3ad 301A SOHX3S'O OaOdNVS 00VNd 1SV3 „003'" y91plll3W/NtlWWtl/$N0 18 31noa 34Nllz p_a13W/Hya1Wtl/JSNB 3Is\ N3 VO 'VNo2100 AHAHd210d 1S3M 1V IL 311108 as oom OOVNd 1S3M NOISSIWWOO N011V1210dSNV211 A1NnOO 301883/ 1 ONV VINa0311V0 AO 31V1S Z09L 1N3N103S 3NI1 ONV NOISIAIOBOS ONIONVN2138 NVS ANVdINOO AVM1IVa1 3SN9 NOISIAIo VINa01Y1v0 N33M139 noz Aavnas3l 1N31N33210V 3ONVNaLNIVIN'8 NOI10na1SNOO V 0103H0V11V 0310N SV 3lVOS .V 119IHX3 X1 H1aOM1801 Z� JO Z 1331-IS A2:IAHd2j0d 1S3M (Zl 30 01 V 6 S133HS 33S) LZ 300189 �SNB NI1U (Z l HO Z l 1 1 S133HS 33S) 8Z 30012�8 V-os£Z - 8Z00 #undo XZZ99Z0 kwa £4'£Z dW dSN8 OL+LSZL V1S?:IDN3 dSN8 M.60,££0LL I :30n110N01 N„ V,ZSe££ :30n111V1 Z09L-S1 ON10ZlVNZl36 NVSNOISIAI09nS :S310N OVOIDIVt1 AHAHd1:10d 1S3M VO 'VNO2J00 AZ1AHalOd 133M 1V (ZL 30 9 V S S1331-1S 33S) SZ 39003 (Zl AO a 28 L. S133HS 33S) 9Z 30012i8 (Z l 30 ti S133HS 33S) tZ 30012A NOISSIWW00 NOIIVIHOdSNVZ11 A1Nn00 301SZ13AIZI ONV VINN0311V0 d0 31V1S ONV ANVdW00 AVMlitltl 3SN9 1N301S3Nd 301A N33M139 SOHX3S 00LI03NVS 1N31413Mi0V 30NVN31NIVIN N0110nN1SN00 V Ol 03HOV11V ..V.1181HX3 MSG 1N31,1939 3NI1 NOISIAIOSOS ONIOLIVN13S NHS NOISIMO VINi10311H0 9lOZ AbVf121S3d 0310N SY:31H0S X1'H1aOM 1210d ZI. JO £ 133HS VZ 3OGN8 - 12:111-Id2:10d 1S3M u!w0 1.0 Ao13 AI Al 1481H oonlonos fiullcls3 aauonap loson8 unt.. to lulod Nog 10 8011.80 • 3 0 aw► 0N3031 cueld 9811011, aas 1811N811 8.48.W IIoM 9apem uoHelosl ® luau owi IolnVallaaN ® (Foil L aal) 8011189 .11 81.3 (voa awl) o1Nog almeao0 0 (Pon Z1L adtl) roluog awaao0 1) (MI Z£L 9a1) 8I11e9 a19uuo3 Q la91.889 Diu) 8 x9unN 100 .MQunN lung lulod O 1310N A3N V-oSTZ - azoo #OndO XZZS9Z0 #100 £ti'£Z dW dSN9 OL+L£ZI• VIE 21JN3 dSN9 Ma60.££eL l I. :30n110N01 NnLtZSa££ 30nlllVl Z09L-S3 ONI021VN838 NVSNOISIn108nS :S310N OV01:11IVa A21AHd210d 1S3M 13NNVH0 W901S Noioanav ONI1SIX3 00'L9+911 .3MS. ONnIVa XNn NIVHO 093 M/9 dSN ,°5=.l rkk„ NVld a£L90-95 'oil 300199 HO HSVM 1VOS3W31/193), dSN9 - _ r NS1-316 3ann3 VO'VNOH00 AHAHdHOd 1S3M 1V - a9f`0-9S '8N 'Ie-eoe -. HSVM 1V3S31131 ONILSIX3 00'C9+f11 .3M5 1 �. \�( \/ ONNIVa aNn NIV— NI039 ' _ - - e 1N39 j ~' a SNOVal as 3j ,�� OV 10 . off 0NIN3d0 ` SIY 00310 NVS Ol ice-. ,f � 5 \ iry ,0-,Zl �� �`��� 91f ! 5l „0-,99 9 1N3B 9 it* - v 3.51..L£.ILN u. 3Nn .3M5. ` L 1N39 �' by WI3HVNV 01 I ., �.,-N",. . Z 391411.1' 19.0-9S 'oil 313 HOS HSVM 11/0531131 ONaSIX3 BIS L li M16 -SS I 3811103 00139+91f .3MS ONnNa NNn NIVHO 093 N011VA313 03d013h30 9lf 30S'919 no(3/ lltla d0 d01 4. • SIi W13HVNV 01 ili B 11.139 n 1 3NI1 .311S. ONOIV O0 'muddy 31.1n .3MS. 0901V 0d=� •o,ddy 11VM 13NNVH0 30 NOILaOd 10na1SN033a a 13NNVH0 WNO1S 14010NI181/ ONILSIX3 1/119Yf0-95 'ON ,13 HOBJ HSVM 1V0S311131 ONBSIX3 L 1N39 � 311d VIOYJ 009S 8813 Nniv «1 '311d dH 1331S--, 9 1N313 0 -00 7/8A dual u1ry .9-.IZ mesa WPM i0 u1ry • -•0, 1.. ilia N3 u!ry J d013AN3 X80M3S1Vd 0- .0-,0£ .0-.981 0-,I£1 = £ 31•Ceae „0-,S95 = z SMVSJ 3NI1 .3MS. °NOW 031,1nSV3N .0-.L99£ NOISSIWWOO NOIIV1HOdSNV81 A1NnOO 301SIMIH ONV VINHOdIWO 30 31V1S Z09L 1NSVVO3S 3N11 0NV NOISInIORNS ONIONVNN3S NVS ANVdW00 AVMIIVH dSNB NOISInIO VwaodnVo 1NSOIS3Nd 39in N33M139 bLOZ ANVntie J snmes'o ONOdNVS 1N31133219V 3ONVNalNIVIN 8 NOIlOnH1SNOO V Ol 03HOV11V 0310N SV -IVOS nVn 1191HX3 xt IHINOM 1NOd Z 30 b' 133HS VZ 30a12:18 - MJAHd2:10d 1S3M •amid eyl4en. N• 88100 .1.81 PM ey0 yw•P•I (owl L •*A e9e•tl Ny1 •PYO 431 (cwl LEL •d(1) .8•11 •1.1•N•0 0 3310N A3N ••IlP. mIM1 Pill =S • roh•9• ey1•.3 _ _ 4183031 SNOV211 3SN8 3N112131N30 Ol 1VOI8ON NOUVA313 un 1•n3 D 15 1983 nN Nao • .111,4'",,` a I I I 1 iI —_. - W I I sXnILLp .jMPH I n 1 rt rt — f y_-__.. L....---dIO 31N �� � h lTi ,�. I I � 1.u•u ���� J a m MPS. ntl01S� W10NnlN SNLLS. (WRN3nq AP0111.3188 (10-.11•18 TIYM MOW. JO Nl.31 3.0-A[ 100015NW (80.1.0 AOVNInnPid) 0.4.80 3A-.1 131118S 1/11111.0-8S MI MI WSJ NSVM N053N31 0.81R3 J dal l'4 AYM 3W W3A N72 eWIW-IVNOdM00 AI•,t tl SW Od•W ••1ddV I MONO L08 D V-OSTZ - SZOO #ond0 XZZ99Z0 #100 £VEZ dW 3SN8 06+L£ZL V1S L10N3 3SN8 MN60•££0LLI• :30n110N01 N,IVZS•££ :301111V1 Z09L-S1 ONI02iVN2i38 NVS:NOISIA10811S :S310N OVOMlIV2J A2iAHd2i0d 1S3M Sid d t oca ?t S 1N3B 8 VO`HNON00 AUAHd210d 1S3M 1V �..1 L LNl8 - NOLL03S 1V01d1.1 11.1103 • .311-ti 11 TD AR • 1410-1.0711.% 3u4d/ hums m (3- M1b LxB +w) 0.1.•414 .'•i w•0 NO9 .1) b•ma .1 .m1 O. w1. 1) .,.n w... 0 (r.n LCA .91) .I••• m...O Yob n t AI i) SINd8 - NOLLOdS 1V01d i M�u u NOISSIWWOO N011V1U0dSNV2i1 A1M100 301S213A121 ONV VIN2i0311VO d0 31V1S (INV ANV81N00 AVM11V21 ASN9 11\130183)3d 301A N33M138 SNHx3S .o oaodNvs 1N31,133 JOV 3ONVN31NIVIN V NOIlOf12i1SN00 V 01031-13V11V •V• 1191HX3 •1b• mkM Z09L 11431NO3S 3NI1 NOISIA1080S ONIONVNa38 NVS NOISIAIO VINNOd11V0 INOZ Aatlna93j 0310N SVI IVOS X1'H1aoM 1NOJ Z6 dO 9138HS 5Z 30a12:18 - /WAHc12:10d 1S8M out '6uny61i palunoW uwnp0 luawloal mpallyoly 0. (ala= �uX ado6 4® (SOON od(1 yonolddy aln7onNS luawlooll Iol N.811.1V 0® WO M/N NN 1en0) (poW L edilSABu9lo8 gull u1o40 l (pun Z£L ad(1) laumg ola» uo3 IIoM 6umul°8 IIoM umlo8 .suold IIoM 6u1u1olum. oot '110M 3SM 0 mqumN Ond0 8 109113nN 100 ',swum lua8 ;Nod ® „H0 80103NN00 16M—SIS/SIN„ 119od OZ „HZL90-9S 'ON 8691.0. lulnd S310N 13N Aal3 1oloM MoU 10 .011.110 a19.0 10 uolloa110 a o.Jmongo 6uneN9 10 VoA ulW to lolod 0 003031 „Wild OV0ZZZ 335 8. oN 11tlM O0101tl13 NI3HVNV 01 cre 4Z = ,Ll W13HVNV 01 �% 0N'O�rNO�ir Hy3� 4:£1:3H O \ f \ lf2S9 no13`. 09'90+SL£ 93 09 =„l Ned 90'919 no13 11V8 AO d01 8 3/ON 33 (03AOW38 38 01 (9440-9S 'oN 330188 HO V 18 HSVM 1V0S39131 1e1•3\ (14V NV/0 1 I0S3W31 16M H0B V 3Nn „M00„ W13HVNV 01 ,4Z = ,Zl O Z OZZ 'oN 11VM ONIN1V138 3d0S 101•3 A0 d01 V-09'EZ - 8Z00 #OndO XZZ99Z0 #100 £b'£Z dW 3SN9 OL+LEZI V1S 2101%13 .3SN8 M.,60.££aLl6 :3O1119N01 N„ 17.M.EE .3OnlllVl sze£= Z09L-Sl ONIO21VN2139 NVSNOISIAIGE MS :S310N OVOH11V2J A21AHd21Od 1S3M 0 I l'049 ^013 0009+6L£ OA3 ,21 'cv 1W1r =" 0 £ '�► -- ©O �Q 0 9L£ 3dOlS lolo3 30 301 UN WPM lolo3 13NNVH3 W801S 00100118V lolo3 3j SL£ 4L£ Z ,ZL Q M/8 TZB'L 19 .13 11VN 30 d01 LLO6`11 "`CZ\ � `£ 1N38 33SN8 �'1' `�• d'd' rfS`\ 1f1* \ 13NNVH3 HSVM 1V3S3W31 1.1•3 3 £L£ 3x5 .00M,00„OZ VD 'VNOWD 421AHdaOd 1S3M lV lC'649 Ao13 Et St 99£ .. `1 1, - ,00ZLBZ 00,00„ M3NSOZ 00 Z 10313 3 M3NS 00,00 OZ Q 1113 30 301 rr'40 6LZ 'oN 11VM ONINIVI321 dbJ s � Nryro (S'£Z8881\0 3001813 811 ASNNNVH3 HSVM B lo1o3 7'r SOf,I-31;N 1O f •wnoyt lou HO 8 18 YooM looeawol 7.1•3 3.10N ,09 = „l ZL£ NO11VA313 LLf OL£ 69£ 99£ L9£ 13NNVH0 WNO1S NO13N118V 7111•3 SA 8 SN OO .o1ddV SN SAC 83 1N38 11 L1S Z1N IIVN 13NNVH3 HSVM 1tl0S3W31 1.1•3 Z 1N38 J 00 aolddu/ 99£ 001S n1113 11171V0 sACO l 1n9V 10 11.A.J w dal um ,.9—.1u / S l� �J o z 0 4O 11oA NM .l—,SZ c141 '14138 1— „0—,OIZ .0—,OSZ „0—,9ZZ .Z-0/1. o1S/8OOS'0—=0/8 0A ,000001 N11 JA00„ ONO3V 03NOSV3W „Z—,198 31tl0S ON 31\1I1 „MOO„ — 3OV2JO 3�IdO2Jd ££'£S9 .13 0009+69£ OA8 891' 1 161301838d 301A SOHx3S'0 ONOdNVS 44'OSS .13 / 00'91+L9£ 0A3 oiS/Y9S£'0 = 0/8 0A ,00 00S sd© SAC — 88 S 66'949 .13 00'S1+89£ 0A8� NOISSIMOO NO11V1HOdSNV211 A1NMOO 3O1S213AIH ONV VIN21O311VO 30 31V1S ONV ANVMOO AVM11V21 3SN9 N33M138 1N31133210V 3ONVN3INIVW 8 NOIlOMN1SNOO V O1 O3H3V11V .V 119IHX3 S 9N ill! 30 d01 Y09'0- 809L 11138183E 3661 NOISIA108OS ONIONVNN39 NVS NOISIAIO VINN03I1V0 4lOZ ANVON83d 031ON SV,3IVOS X11FII80M lNOd FORT WORTH, TX EXHIBIT "A" SCALE:AS NOTED ATTACHED TO A CONSTRUCTION & MAINTENANCE AGREEMENT SANFORD C. SEXHUS FEBRUARY 2014 BETWEEN VICE PRESIDENT CALIFORNIA DIVISION BNSF RAILWAY COMPANY SAN BERNARDINO SUBDIVISION AND LINE SEGMENT 7602 STATE OF CALIFORNIA AND RIVERSIDE COUNTY TRANSPORTATION COMMISSION Min Const Clr ENVELOPE BRIDGE SOFFIT Approx OG ST1 MT2 MT1 BENT 4 "'""%i44IKg; i+ig Air i4rm!ii�i�i�i+i�i!►+i�i�►�i�i� � i44400A!O444i•i•i•4t44414 4+1►2440M.A2.4144,41 10.-1" MIN. IN. TOP OF ASE RAIL RAIL 14.-3"d: Max 13'-11"t 17'-10" Mox I� Min 20.-5" OF 7'-0" 0 COLUMN, Typ G=OG —6" FACE OF SHORING TO Min FACE OF CHANNEL WALL Exist ARLINGTON STORM CHANNEL SHORING FOR CIDH PILE Const 108" 0 CIDH PILE, Typ FACE OF SHORING FACE OF COLUMN Min SECTION AT BNSF TRACKS NO SCALE NOTE: All dimensions are measured perpendicular to FL tracks AT WEST PORPHYRY CORONA, CA KEY NOTES: 12 Concrete Barrier (Type 732 Mod) 21 Chain Link Railing (Type 7 Mod) (Over RR R/W Only) 30 Architectural Treatment 36 Isolation Casing 47 Column Mounted Lighting, see "Lighting Plans" WEST PORPHYRY RAILROAD NOTES: SUBDIVISION:SAN BERNARDINO LS-7602 LATITUDE: 33°52.47"N LONGITUDE: 117 °33'09"W BNSF ENGR STA 1237+10 BNSF MP 23.43 DOT# 026522X W91 TEMESCAL WASH Br &off CPUC# 002B - 23.50-A (WIDEN) (BRIDGE No. 56-0446L) Exist TEMESCAL WASH Br & OH (BRIDGE No. 56-0446) (TO BE REMOVED), SEE NOTE A "NW" LINE \ ,_,C[)W" LINE CIP/PS Cone BOX GIRDER Approx OG / SHORING FOR CIDH PILE Cons (MIDDLE AND RIGHT COLUMN ONLY) TYPICAL SECTION - BENT 4 1... 30' NOTE: For information not shown, see "TYPICAL SECTION — BENT 3". TEMPORARY SUPPORT, SEE NOTE B (NEAR EXIST BENT 14) WEST PORPHYRY - BRIDGE 25 SHEET 6 OF 12 Z6 JO L 188HS 9Z 80a12:18 - AldilHdbOd 1S8M V-05'EZ - 8Z00 #OndO XZZ99Z0 #100 EVEZ dIN 3SN8 OL+LEZI V1S tiON3 3SN8 Me60,EEaL I I :30 n110N01 NnLb,Z9oEE :30n111V1 Z09L-S1 ONI021VN2i38 NVSNOISIn108n9 :S310N 13V02111V21 A21AHd210d 1S3M OA„,_ 1S1� �d Sl 1N38 1N3 Gl 8 \ _ _- 9L 1N38 _ Bl 1nQV�j� '"Z3 lj f £BC Z9C • 1 M/a ANS it 1N ialx3 - - „f l�N3B NVid B 1N38 3j U 1N38 Z11N38191x3-6 OL 14438 14143 5 lelx3 3J L 30NIH 14143 (9Y40-9S 'oN 3001a8) L 1N3 HO ONV �e HSVM 1V053W31 14143 8 3v 1N38 N3� 9 1N3 £ 1N3B L 1nSV 3j B 1 1 1N38 Z 1N38 3j ,\ \ ,\,\ \ \ _ _ _ _ _ _ 1 VO 'VN02100 ANAHd210d 1S3M 1V (31/90-9S 'aN 48) 80103NN00 53NV1 5538dX3 51/1.6 Lr 3 •1S9 4413 N\Aka. 3 1 _ Oti 3 _�1 __I 3044I11---_-- II 1 0 T9l L19 4413 LO 9L+19C 93 .__-_.-.__.__--- 4nod Daman (uon»d) lnnouma e6pla8 art nel3 AIM 461H -S' Moy to u0naw40 eV4444914 anlangs 6upelx3 ._.._ alyoq to uonaem .4= 410 YeA WW )0 7u10d :0N3031 (MI) 6u11149 1494H9 04-15 olu»LIMO euold 6u114611. 444 '64114611 Pe1u4444 IIeM 1 uewioo.ti lomloo944a41 41IM (81e4au410) 6uNod edols (OK) a 44411 4a00uddy wongs (00C) N will 4aoo4ddy em7ana75 1110w1o0.11 loanloomouV (PoW 9CL oat) aolwog eleaouo0 ;mold Pooa, oea 'a09W (Pow Z£L Dal) aoluo8 0.1.0D aegwnN OOdO Puo .441.4441 100 144,94.44/ 1ue8 lmlod „HO ONV aB HSVM 1V3531131 16M. 1u14d .1911,0-9S •oN 44143. 1m14d a O 0 83- 15310N A3X Si 0.91 ne 13NNVHO Wa015 N010441121V 14143 Pa 1W444 14M oq£ 6fC 9f¢ Ll 1N38 911N39 13NNVHO 118015 N010NI1HV ]alx3 Sl 14439 1 11 tl 11438 I 1 1 1 13NNVH0 HSVM 1V0534431 14143 3j .09 , l e 4s (4, kGyOH 2`4bo41-1.u., SO�,p3.1 1 O! (S'£Z88) 13NNVHO HSVM T10531431 a3A0 300018 as d5N8 14143 NOIlVn3-13 038082-11W Lie 9fC SfC tfc 06, (HZL80-95 'eN 48) HO a01O3 0 l6M-S l5 SIN `- SNVId WOK. 335 3anionsis OaV091118 14143 31V001321 W 3A0443a £f£ ZfC N13NyN`oi LfC 04C 0'00S 4e13 hN.VO 11S £L 114386 1N38 9 1N38 L 1N38 S 1N38 L1W 13NNVHO HSVM 9 1N38 1 1N38 I ldrvQa1 'IVO53W3L lelx3 ONIN30VA �p 30p� Z 1N38 LLW go 11 _. 41d _ T ONOIV 00 �.1oaM £ 1N3B L in4V m n, © nn nn �� 1 �.J - i _t _ nn nn r/1 o-.41.Ur L-.es 1.str 1v I .9-.ts Si (3 u7 1/eA u61 „9-,1Z .L/r L-,fbr 1 .94' 6-fl l iONIH Z I 1 I0 4X1 111438 3j 1 .L/1 b-,9r1 z/r r ;6s I.br a-,6s .r-.es 414 r-,,6s.811 r,6s _tic r aair s-6£l 1 3WVad C 3WV8d Z 3WVad L 3WVa.1 a30a10 .1. Oa/d13 83080 .331—ein8. Sd/Od a3OaI0 „1„ 011/d10 3Nl1 .MV. ONOIV OM:MS*3W,„L—,Z86 .b/r r-.0 - 3 NOISSIWW00 NOI1V12fOdSNV211 M.Nf100 301StAAIN ONV VINM0311V0 30 31V1S ONV ANVdW00 AVM11V8 3SN9 N33M138 511HX35 002104NVS 1N3W33210V 3ONVN31NIVW 8 N0110111 1SN00 V 01031-13V11V ..V.1181HX3 1N301SSHd 301A Z09L 1N3W03S 3NI1 NOISIA10841S ONIONVN898 NVS NOISIAIO VINHOdnVO 410znaV11893d 0310N SV:3IVOS X1'H1130M 1130d ZI AO 9 l331-1S 9Z 39012:19 - A2:1AHc1210d 1SDM N6pue OY (S uiw°7I g IuNU400q INonwO Bu114611. NNs '8414611 19941II M wNwloOu lomla0aw,r 0© (poN scL Nd<p ,Nv,oe 919.0900 (p°N Zit 9d(1) 99909 919,a990 '(X odin SVIBoa 1.C: ao8uwi 0 'mod °n9N10 vY S310N A3)1 41096 N190,d BunNI°° 9099, ,. Nd01N NINO BUnNIN° 9010N ,mod 491900 ,d (wnmd) 9901 641Vg � (u011991) IwOwei e6p� 091E101 499,999 6914:3 - 0N3031 daol8 .991a1°0 egi 91N3031 113091313 V-o9•EZ - 8Z00 #undo XZZ99Z0 #100 WEZ dw ASN9 01.+LEZl V1S 2:19N3 dSN8 MN60r£ENL l :3011110N01 N.117290££ :30n1I1Vl Z09L-S1 ON1021VN2:138 NVSNOISIA108118 :S310N OV0811VH ANAHdliOd 1SAM Ado!. CI Idd8 310N F-Y 1 1 l'NM �IILiNI lryM HStl7lJ I HSV., ININ3 of tl $•9-•L )nz3 II —1`L n —Inl n —_L I I n n n n L 1 =1_ 1;-_ L 111 I_1_ 11 LI 1 11 I I II , 11111 1 II I II I I I_'I_ v,c��<� I t 1 BaI 093514. I I saf I IINiN3 1 rnM H5Va0 °i I 1493 30 d01 - M- 11 I 1 11 11 II I II '.1 III _ A d nowvlll iq SNVId 31L80-95 "°N �9 335 19901139 9 03001a8 3911 .9. 801339900 3NVll SS3adX3 Sl/ 6 (unprui° 6E40I93 - . 0(13031 (tlaNl .9) 41008 999a(191f11d 490Id Peea. NNc '(N 119(1) 6911109 ,(mmdwNl O (.0-.F) 'mod w9.00 Oy 3310N A3N N01103S ltadAl (b l 1N38) dll %Ivrea O1 3114 1NIN3 rnM Y113NI 0 13315 310N sA-,l 1NIN3 41335 311d-H rl n n n e n -- n �I II III 1 II I I --Ir1 I I 8 �11,,,l, I 1 I sdianl70.I r1 11 — I I I r61 I I ad00 .e-,z 183610 731-1 U 30ln?. Sd/Od II II II II 11 I II II^ I �A A uN w Od 3NI1 Mtl, LL® ,BY ,0-.81 O 53NV1 4 0-.01 31I1 J.100. (N30N 1 901 A wN .9-,98 VO'VNON00 AHAHd210d 1S3M 1V jb 1N38 — 9Z-88) 1 I i I I I 1 I+ I I I lltla 30 d01 II 11 _ JL__JL__ JL__ JL 801034NO??BM Sl5/gN2 A ulN SNOV211 dSN8 lV N01103S 0Na0 00 d3.01i5 d0 30Y3 0NIa0115 NON ONLL003 30 30V3 T .Im 1 13NNVH0 I I Np10Nllatl � 1°I*3— - -{ ---1 I t.8-,LL I I 1 I 30tl3 l 0 0-.8 1 iA-.il t 0 91 1 I I 1 L1N 1 S11Yill 70I13 1 NOLLVAV0X3` r; L1N 119 3 > .1 1 1 115 1NIN3 -Y -G _ e T,T'-.-T' -- 1 8/1 113 Np�38 py� .8 .81 e m �IN3 i0 30V3 I 1 q � HSVIYJ 1 .9-Al = 3 TVM .9-,L ONRXNIS •uN ON11003 30 30tl3 413 �I1 I I 1 \\193831(31 1� 13 90 WN I,11-49L I ^ —IuIN ,Sl I i 00 )(OaddV Vd IIVM TV .331gWA 5 0d 30 W01108 I NOISN d%3 Si. 1938 �M✓a 35N8 Yl 1938 ON0A38 '31 1N38 1°IN3 j 30NVaV310 I` Nouona1sNo0 8111139 9 M/a d5N8 dll 'Sa3NItla1S3a t 1EINJ 11101 N06NVdX3 NOISSIWWOO N011V1210dSNVH1 A1N(100 301SU3A121 ONV VINHOJIlVO d0 31V1S Z09L 11,1314103S 3NI1 0NV NOISIAICIEMS ONIOLIVNi139 NVS ANVdw00 AVM11V21 dSN8 Nolslnla YINao31lY0 1N301Sald 30In N33M138 bIOZ AU991893A SI1Hx3S •0 02103NYS 1N3IN33210%, 30NVN31NIVW 8 NOIlOf1N1SN00 V 0103H0V11V 0310N SV 3lVOS „V 1181HX3 x1 HlaonnlaoA Z6 JO 6133HS LZ 30a11:19 - A1:1AHd:10d 1S3M 13NNYH0 918015 NOloNnNY 1•1• 53 IAA 30583A18, 01 53 WON DN x ,(l 3qD� \\6.1111011111-6 `\ \�;'� \L M3Ns—.,�M/N sue -r�� \\\\\\\\\\\\\\Z\\\\!\\\\\\\\\\\'\\7�\\\\\1\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ .\\?\\\\\ \T TT� o -- .1 ..�avvvAA �A\� \\\ �uw a 'IN. � vvv8'.t., vv� D ��_ \\\\ \ dADO'S do�o1i +L oun- 5 1.1 3 Cr S3 ab ��\ NNnIM c !N3e b \�Oa\� \ \\\�� �\ \`� .... (NouaOo) 3Aorr3� z ! : \ �Q\�` 1/4`\\\\ \.. \ �r rosy. ♦ 1N3e 3' ,, '(96ro-99 N 30018e 3Nn ,N; HOB HSVM 1Y053N31 M. \ i•.O Aa_ BLl-M8 cwld 60114611, oos '6u146n munoN IIoM Q (50£)N od(1 4aoolddY wnlpngg I:i..::Jl Iwn1oo rE Ilon6uM IIoM 4eoJ0 ,00I . .l S(L�uo4/tl tl8 m^0) 0.11 L .X1) 6y6o8 gh40 0 s,051319 ^013 1198 do dal ,001 - .1 NVid (06L8O-95 'oN 30 188 HO NO133N8103 51SLN-183- 044 1s$,,s 51 Ff+SLF ONnNN 13NNVHO HSVM 19053/131 11993 N \ • °S1F6 �. o AHAHdliOd 1S3M 1V M,BO,CLL l l 3011L 10N01 N,Lf,Z5.CC 300111Y1 Z09L-51 ON108V14838 NYS:5051110805 Ci'CZ ;dry 88 -53105 OY0811YN 0CI-M8 90'•0059 A. 9f• Dooq a ounmela lolwo1 x104 wuoury • (Pp11) LO od(l - yoJP Moo() re 09119n919 orlon 461H a Noy Jo uoHooya w..•► 9f O4[ JI3 VOA DIN .f-,SZ 9 lops( )7 �_ - V-oS.Ez - azoo #undo XZZS9Z0 #100 £b'EZ dW dSN8 O+LEZI V1S UONIA dSN8 M4601£CoL L I :3On11 JN01 N„Lb,ZSo££ �3Onlilb'l Z09L-S1 ONICIHVN2138 NVS:NOISIAIGEMS :S310N OV0811V2I A2IAHalOd 1S3M x 05'819 A913 IY8 10 d01 M/tl dSN8 (uol)1od) IMMO! 061:118 EMS wrong. 6D89193 olNo» 10 u011o9J10 F mold 1oulJon wnupulw 10 7DIod CIN3031 OL£ 13NNY1-10 118015 Jp /HA N010NnNY 1NR ,ry ,L-LL JI .BS,6 6Z\ NOLLVATI3 Sir Lit 9L(£ 5LC f[f C/l[ S 1538 _L f 1N38 Jq pop DWI .L-•LZ\ f 1N38 J111T15 1- I 03 = oo 9D,OOY 3Nn .Fs( zC 13NNVH3 NSYM 18053M31 19193 L 11,138 ?DNO Pooh, ogre 'NOON 63 (Pow LfL *al) mlwog o/omup0 O 119M 6uulo1921 O auoy IPM ADID19198, 999 'IIoM 35P1 0 .H0 HSVM 19053N31/163, lulod 0 .NCL80-95 'oN 9,6PN8. 11119d 0 Tu310N A3M lL£ ollf 69C O'OSS ^0l3 NOLYO m tl 83— 0 1mA ulw .L-,6L .F-.8C1 L 311084 �l 'N0YN1 dSN8 19193 3j -I 30NIH 3j .411E-.eet 0 1JOA DIN .Z-,LZ .8-,861 3NY lnpV p 00 DoJddY 59'Of+85C 08 o _E0 eg-J — 88 .01-,L 15 4N8z- LO'fC9 ^013 100'00+98C OA3 3N0 SY. ONOW 038115Y311 .C-,589 015 83d 8WL'0- 0/8 �n ,00'0991 31V05 ON 30V2l0 31Id08d 9Z-959 ^o 00'0f+89F 0A9 3015 111110NO 11,1301S3Nd 301A SnHX3S'0 ONOANVS sof'0 NOISSIWWOO N011V1210dSNV2fl A1Nn00 301S213AIN ONV VIN80A11VO d0 31V1S Z09L 11‘131103S 3N11 ONy No1s1n1oens ONIOaVNN39 NVS ANVdW00 AVM11V21 dSN8 No1sIn10 VwaodnVO N33M138 rola Aavn883d 1N3W33210V 30NVN31NIVIN 8 NOI10(1211SN00 V 01031A0V11V 0310N SV 31VOS „V„ 1191HX3 X1 N1aoAA 180A "kfic 330la law ,0—.9' l3NNVH0I. 6801S 6101014I186 16!63 ONISVO 133.15 Aa1/60d1131J V-OS'£Z - 9ZOO'tondo lvaru3311N� /AVM w � tl 3140 H1M1 121100 XZZS9Z0 #100 313a0 O,L £b'£Z dW dSN9 OI+L£Zl V1S 210N3 ASN9 M„60,££9LL6 (3011110N01 N„L17,Z59££ :30f1111Vi Z09L-S1 ONIO2:IVNa39 NVSNOISIn109f1S :S310N 0VOa11Va A21AHd210d 1S3M ZI, JO 01, 133HS LZ 39a12:18 - A?:IAHdHOd 1S3M OA e Op vatldV f (0hL80-9S N 3001681 NO 60133146100 GIS/SIN-163 L111 16!63 3 LLW 76163 lj 1S 16163 3 /qil 3 43S3 11VM 14S1133 30 30Vd- 531aVA A 1aW 1dVH5 30 d01 )13YN1 OV11 ANLSnONI Ol 11Ya d0 35681 'I ..01-01.' 6,0-.h1 6,0-,i1 I,Lj(B-.CI 3 Ol 6316VA 0V (aV11W5 h 1639) S 1N39 1V N01103S 1VOIdA1 M1 '3aVV 1Van10311H066 AVM NO 141.P6 6110100 31380600 !,L-� a30XOB 313tl0N00 Sa10 d/dl0 rnmrn_rnIll nr rn_m'01 gI'01�� ll \\mod A1N0 S 1N38 53RlVA A vow YL- / • 06613610 30680 311308d A1111.01 /,L1 314Y1 lOH ,K ,Z1 • S31461 63141113 , 3611 10. (NOILMOd) 3606321 19660 96 814 HSVM 16063631 1e�3 601©h ,0S . ,l S>13V81 3SNS d0 3N11831N30 Ol 1VYV80N NOIlV�313 I 1! z av3 ON .10 ul .0 I ,6 c Q 1 0141143610 • r----T� 36163 I 11111111111111111111 S 11438 3 !O d01 66816613 666M 46!H d ainlanna Bu0sm3 - - -0N3031 /13405 ouold 6616•I1, 166 '66900 6616.6 IIoM dD 601106 116696661 19866966ary IMM 41613 ,am Ma as ^o) (w�A w t 6m69a(Al,14!l/4!9yo (Pow LCL 1661) •16613 6/1866a0 yO •310N A3)1 VO 'VN02100 2IAHd210d 1S3M 1V avnVnnS 66116163 - _ (uolYod) 66968 mm666 463031 auold 601146!1, 616 '6691011 P„Iunow IIoM ©h 16968664 w,nlaol!Wry 410 IIoM uoo.,3 q AV as 660) (Pow L .01) 66•66 muui m660 rc 091 LCL 66(1) w1668 616860 :S310N A3M L N0Va1 30V801S 498NA A NwnWO 40 3363 3 01 53IWA 1 ! 00 Ww :11-.91 �- �� Toya36 ,901 1 -1- j V 3106 336 NW& OV31 11 lx3 q• a/1 J I I � 3aV1d 111111.1.33.1.160136 11611103 313tl0 AYM 3N0 0 6,L H1VA !WM f 131313 3 NOISSIWW00 NOI1V1210dSNVH1 A1Nf100 301Sa3n12I ONV VINNOd11V0 d0 31V1S ONV ANVdiN00 AVM11Va dSN9 1N301S3ad 39IA - N33M139 SL1Hx3S 'O OdJOdNVS 1N3W33210V 3ONVN3INIVIN NolionalSN00 V 01031-10V11V „V„ 1191HX3 d0 801109 30 30 d01 LOS/ 16/316103S 3N11 N0191810908 ON1061tlNa38 NVS NOISIn10 VIN140d11V0 b IOZ AaVna833 0310N SV131V0S X1'H1a0M la0d Z I, JO 1.1, 188HS 8Z 89012:18 - A.HAHd210d 193M Noigi I� OONLL51%3 5/t-MN 003a NYS 01 3.tOSTLUN l ZB9 3N11 ,S3, MO1 aV9 0 9Z1-. 0515* NM 53 98'059 ^o a p ll. 08'LS+LBL� . O. 1N 4L 00'u+let 93 vuold toWO 1, ooa 'Bu114811 Pelurwry IIoM (SOON od(y 4aooiddY omtongS luowlooiy IomlaatlION oM 4outO (Liao M/N 3SN9 (.0) (Pory L ody) &WINN Mull ulo4O CNC °�— \ \ 9C+6LC ,303 ONOIVM NN1 NIVHO ON3 _ \ 3015N3AIN Ol \ Z _ _ " d1� FLL111B ^013 1NN d0 d01 IN WO 1,8+9LE ,3O, l9£ M3%S � Ah,54„9S 305 319 Ao -INN 30 d01 (NM ZEL Nal) Awns o1anuo3 auold PM SWOON, aoo 'IIOM BulololaN IPM NOINN auold IPM euluPloN. aov 'IIOM 3511 .HO N0133NNO3 S1S/SLN-183. WINO .04(.50i5 'oN e8P!ie. luPd 5310N A3N 09t eL£ mia d5 Cad) TOM 13NNVI43 40 d01 Bit OOL=,l NVId 9Z+LLt ,30Ov MOWN NO NIVHJ NO313 LLC .00I�.I NOtlVA313 9LE ON eP \ ,W \ l3NM HSVM lYJS3N31 ONLLSI%3 :111.111111111,01111111 5133%5 �\ y\ Q \ .00A£.01, cl \ \ 9'SS9 ^o13v Atha ANS 9 3\ \ \ ONOIYN %N11 NNHO N103e a[L90-95 'oN 300ItlB \. \ NO HSVM 1V0531531/183 .5Z'0591 e 1 ,BL'ISB t• 1 ,£f,L0.tt Y ,001)0Zt . a OM ,303, OV VIVO 3AaO0 SLt 1Lt M3N5 ,LL otl M,60,EE.LLL:3011.LON01 N,L4,ZS.Ct 100111'01 L09L-51 ONIONVN13e NYSINOISNIONOS IS310N OYONNYN CLE ZL£ VO 'VN02100 A21AHcM0d 1S3M 1V 05Lt Ma 1LE 0. V-OT£Z - SZOO #undo XZZ59Z0 #100 Eb'£Z dW dSN9 OL+LEZL V1S 210N3 dSN9 M.60.E£oLL 6 :3011110N01 N,,L1;25a££ :30111OP Z09L-S1 ONI02NN2139 NVS:NOISIn109nS :S310N OV02111V21 M21.11-1d210d 1S3M -00 l oA tot ,01-,9Z 13NNV113 11N015 NO.LONOaY ONtLSIX e3-.{ .C-,981 f 1N39 al IN3Ya_1 ASNB ONI151%3 t 1N3B q ret l�T ,5-,6IL I ,0-,OZZ Z 1N3e C �LL-'1 1 lo9V 13NNYN3 NSW 1V3531331 ONI15O3 YZZ'L o1S a3d 50960- 0/N OA .00'00Z 3N11 303, ONTO 03NOSV3I1 ,0-,9C9 31V05 ON 0'095 ^013 NONO 10,1=Op vo�ddy 99 uo9o^o13 IOWA 48114 'S (L-0 Yal.) uln.v0 NooO tog to ue0oog0 M,► aauwoalo PalVov wnuqulw to ;Lod oltto,l to w»oo,l0 •C= olnlarut9 Booloo3 — ON3031 NOISSIWWOO NOI1V1210dSNV81 A1Nn00 301S2l3Altl ONV VIN210dI1V0 d0 31V1S Z09L 1N3WO3S 3N11 ONd NOISIAIOSIIS ONIO2NN2139 NVS ANVdW00 AVMIIVN dSN9 NoreInIO VlNaodnv0 1N3OI5321d 30IA N33M139 f(Oz A21Vn21S3d 5nHx3S'0 0210ANVS 1N31N33210V 30NVN31NIVIN NOI10nN1SN00 V Ol 031-10V11V 0310N SM31VOS „V„ 1191HX3 x1 N1aoMtaod Z I JO Z 133HS 8Z 30012:18 - A21AHd210d 1S3M 0.0 ,,,a J X • .I 4 1N3S - N01133S 10.31dA1 - —1I I I r---11 I----ll a- _-1 1-- ---�r--------A---1---J1'--'i I_ h`lJl-- r I vaN,0. w00 an .3m. ...old 8011011. 000 '6.11 11 PawneW IroM Q 00M V0013 0100 M/N ANS 3NO) (P011 L 0c31) B011103 Null N043 (P03 Z£L .d(1) .1.0e quau03 O 3310N A3N V-09TZ - 9300 #undo XZZ99Z0 #100 EVEZ dW dSN9 OI+L£Zl V1S 2101\13 dSN9 M060.££eL l l :30n110N01 NnL4,Z9e££ :30n111V1 Z09L-S1 ONIO21VN2139 NVS:NOISIA109nS :S310N CIVOa-1IV2i A21AHd210d 1S3M 133NV143 112101S NO1ON11NV 014118133--...,\ a' �1 'N3oNIO %OS 31333303 Sid dq-...\ 1 Nee I 1 1 1 1 1 I 1 1 �— -1- wrvM... + �, e-Pn Me wl%� �w > w.remu M. Nu re,e �1 In.e e O...tt331011 11110103 lj 0.3 Nem. " V0'VNOa00 AHAHdNOd 1S3M 1V £ 1N38 - N01133S 1VOIdAl I I I I - - -�--.� -- - L 1,1 --- -' -- ,- ;----- r� SH0Val 3SN9 d0 3NI1631N30 Ol 11VM NSV33 JO 333J--- I UN 1e103 I15 leN3�j NWnl00 JO 33VJ 1JVNS JO d01 01 u!W 1 INN Jo 3SV8 NW .0-,B 3116 31333300 M013 0 .BOI-r ON6V3 1331S ANVN0dW311 �O W03 NWnl03 0 ,L-- .r-,u I 1 3NOZ .3 ON I1S 1e12[3 3u I Z1S 10103 3 .0-,41, 1 .0-,hl I S301VA 1 S31NVA I S31NVA 1 I 1 1 I 1 1 I 1 1 1 I 1q NW .1. WIN N011VA313 33103 01/31 ANLSnONI 10103 3j I I r��.J 1.1011.0.00 MI* 461H aNNange SuneN3 - - 0N3O31 1 V lroa Jo d01 0IW 1 3 1 9 I I `- ONIN3d0 NNOM3SIV1 M/N ANS S31WA 31A -N30103 JO 33VJ 1 311d 11333303 1 NO13 0 .OZI-++ NOISSMINO0 NOI1V1HOdSNV211 A1NnOO 301S2J3AIN ONV VIN210dI1V0 d0 31V1S ONV ANVd1100 AVM11VH dSN9 11,1301538d 301A N33M139 aIOZ navna83J SnHx35'0 a210dNVS 1N3IN33210V 3ONVN3INIVIN NOIlOnb1SNOO V 0103H0V11V 0310N SV:31VOS „Ve 1191HX3 x1 H1aoM 1a0d Z09L 1N3N1O3S 3NIl NOISIAIOSnS ONIONVN838 NVS NOISIAIO VINa031lVO OSt = „l :31VOS 1 0 SL OSt Z 30 6 133HS AIAAHd2i0d 1SV3 a NV A2:1AHd2lOd 1S3M S11WI3 (101) 3SN3011 NOLLOMIISN00.1 VH0d1A131 t td) t Ht1d5 '1SIX3 lJ 00£ OS 13 OS YZ►60Z 131 AHAHdHOd ISBN 1143015313d 331A SOHX3S'0 OaOdNVS NOISSIM100 NOIlV1a0dSNV231 A1Nf10O 301S213A1U 0NV VINa0311V0 30 31V1S ONV ANVdW00 AVM11V2I 3SN9 N33M139 1N3W33aDV NOIlOf1a1SN00 V Ol 031-10VllV ,.6V.. 1181HX3 VO'VNOaOO AtIAHdaOd 1V Z09L 1N3INO3S 31.1I1 NOISIAIOSOS ONIOHVN2139 NVS NOISIAIO VIN210311V0 KOZ HONVYY X1'1-11a0M 1NOA Z AO Z 133HS A2:1AHd210d 1Sd3 a NV /12:IAHd2:10d 1S3M S111A/I1 (lap 3SN30I1 NO110(1a1SN0o ANV210dIN31 00E OSl ,OSt = „l :31V)S 0 SL OSl M/N ASN8 VO 'VN0210O AUAHd2i0d 1V 1251 2 i9YiMlC '15123 -tIS1.1 39141615 •ti1X1 IMI ONl�l.s 1 NI'1N '1S143 ONIOUVN838 NVS OL , _. .°Y1 - - _ S313ONV $01 01 M/8 ASN8 13 OS tt669 131 A8AHd8Od 15V3 13 OS VZb60Z 101 ANAHd80d 1S30 Oy O, 01. 8, 1N301S3ad 301A SIIHX3S'0 Oa03NVS NOISS1111100 N011V1210dSNV211 A1Nf100 301S213AR1 ONV VINaOdIWO 30 31V1S ONV ANVd1A100 AVM1IV21 3SN9 N33M139 1N3W3M2IOV N011OM11SN00 V Ol 03HOV11V „tV„ 1191HX3 Z09Z 11431193S 3NI1 NOISIAIOEMS ONIOaVN1338 NVS NOISING VINLIO311V0 KOZ HOaVW X1'HltiOM 1210d EXHIBIT B EASEMENT EASEMENT DEED FOR WEST PORPHYRY OVERHEAD (C&M Agreement) THIS EASEMENT FOR Highway Purposes ("Easement") is made and entered into as of the day of 20_ ("Effective Date"), by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Grantor"), and STATE OF CALIFORNIA, through its DEPARTMENT OF TRANSPORTATION ("Grantee"). A. Grantor owns or controls certain real property situated at or near the vicinity of Porphyry, County of Riverside, State of California, at Mile Post 23.43, [Project # j, as described on Exhibit A2 and depicted on Exhibit A3 for the Aerial Parcel and as described on Exhibit B1 and depicted on Exhibit B2 for the Footing Parcel attached hereto and made a part hereof (the "Premises"). B. Grantor and Grantee have entered into that certain Construction and Maintenance Agreement dated as of concerning improvements on or near the Premises (the "C&M Agreement"). C. GRANTOR agrees to grant to GRANTEE, its successors and assigns an Easement over the Premises for purpose of operating a highway overpass over and above Grantor's property, subject to the reservations, covenants, terms and conditions set forth herein and more fully detailed in the previously referenced C&M Agreement. Grantee requires Easement for State highway purposes, a public use for which Grantee has the authority to exercise the power of eminent domain. Grantor is compelled to sell, and Grantee is compelled to acquire the Easement. In consideration of the foregoing recitals which are incorporated herein, the mutual promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Grantor does hereby grant to Grantee an easement for the construction, reconstruction, replacement, removal, inspection, maintenance, repair, and operating an overhead bridge and highway only for use as a public crossing at the location identified herein along with all necessary supporting columns, footings and appurtenances thereon (hereinafter collectively "Structure"). Structure shall be constructed, located, configured and maintained by Grantee, its successors and assigns in strict accordance with the terms of this Easement and the C&M Agreement. Structure and its use as a public crossing in accordance with this Easement and the C&M Agreement are compatible with railroad operations, within the meaning of California Code of Civil Procedure section 1240.510 so long as they do not impede railroad operations, create an undue safety risk, or interfere with Grantor's common carrier obligations as regulated by the Surface Transportation Board or by any successor agency. 2. Grantor further grants to Grantee the non-exclusive right of ingress to and egress from the Premises over and across Grantor's other property subject to advance notification and coordination with Grantor to ensure safety and the compatibility of Grantor's other property for such ingress and egress (which coordination by Grantor shall not be unreasonably withheld) and provided further that such right of ingress and egress shall be in accordance with the terms and provisions of the parties' separate C&M Agreement and any amendments thereto. 3. Reservations by Grantor. Grantor reserves, for itself, or to assign to third parties, the right, provided Grantor uses all commercially reasonable efforts to avoid material interference with the use of the Premises by Grantee for the Easement, including but not limited to the following: Page 1 of 5 (a) to install, construct, reconstruct, upgrade, maintain, renew, alter, repair, inspect, replace, use, operate, change, modify and relocate any existing pipe, power, communication, cable, or utility lines and appurtenances and other facilities or structures of like character (collectively, "Lines") upon, over, under or across the Premises; (b) to install, construct, maintain, renew, repair, replace, use, operate, change, modify and relocate any tracks or additional facilities or structures upon, over, under or across the Premises; and (c) to use the Premises in any manner as the Grantor in its sole discretion deems appropriate. 4. No Warranty of Any Conditions of the Premises. Grantee acknowledges that Grantor has made no representation whatsoever to Grantee concerning the state or condition of the Premises, or any personal property located thereon, or the nature or extent of Grantor's ownership interest in the Premises. Grantee has not relied on any statement or declaration of Grantor, oral or in writing, as an inducement to entering into this Easement, other than as set forth herein. GRANTOR HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, AS TO THE DESIGN OR CONDITION OF ANY PROPERTY PRESENT ON OR CONSTITUTING THE PREMISES, ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, THE QUALITY OF THE MATERIAL OR WORKMANSHIP OF ANY SUCH PROPERTY, OR THE CONFORMITY OF ANY SUCH PROPERTY TO ITS INTENDED USES. GRANTOR SHALL NOT BE RESPONSIBLE TO GRANTEE OR ANY OF GRANTEE'S CONTRACTORS FOR ANY DAMAGES RELATING TO THE DESIGN, CONDITION, QUALITY, SAFETY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY PROPERTY PRESENT ON OR CONSTITUTING THE PREMISES, OR THE CONFORMITY OF ANY SUCH PROPERTY TO ITS INTENDED USES. GRANTEE ACCEPTS ALL RIGHTS GRANTED UNDER THIS EASEMENT AGREEMENT IN THE PREMISES IN AN "AS IS, WHERE IS" AND "WITH ALL FAULTS" CONDITION, AND SUBJECT TO ALL LIMITATIONS ON GRANTOR'S RIGHTS, INTERESTS AND TITLE TO THE PREMISES. Grantee has inspected or will inspect the Premises, and enters upon Grantor's rail corridor and property with knowledge of its physical condition and the danger inherent in Grantor's rail operations on or near the Premises. Grantee acknowledges that this Easement does not contain any implied warranties that Grantee or Grantee's Contractors (as hereinafter defined) can successfully construct or operate the Improvements. 5. Nature of Grantor's Interest in the Premises. GRANTOR DOES NOT WARRANT ITS TITLE TO THE PREMISES NOR UNDERTAKE TO DEFEND GRANTEE IN THE PEACEABLE POSSESSION OR USE THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE. In case of the eviction of Grantee by anyone owning or claiming title to or any interest in the Premises, or by the abandonment by Grantor of the affected rail corridor, Grantor shall not be liable to refund Grantee any compensation paid hereunder. 6. Improvements. Grantee shall take, in a timely manner, all actions necessary and proper to the lawful establishment, construction, operation, and maintenance of the Improvements, including such actions as may be necessary to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of Page 2 of 5 existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee's sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee or Grantee's contractors or consultants must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner's written approval prior to so affecting the Other Improvements. Grantee or Grantee's contractors or consultants must mark all Other Improvements on the Plans and Specifications and mark such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above -described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises during the construction of the Structure. Said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and abate any and all hazard of fire. 7. Taxes and Recording Fees. Grantee shall pay all applicable escrow and recording fees incurred in this transaction, and if title insurance is desired by Grantee, the premium charged therefor. Any taxes applicable to this transaction shall be cleared and paid in the manner required by Section 5086 of the Revenue and Taxation Code, if unpaid at the close of escrow. 8. Compliance with Environmental Laws. Except where it is exempted, Grantee shall strictly comply with all federal and state environmental Laws in its use of the Premises, including, but not limited to, the Resource Conservation and Recovery Act, as amended (RCRA), the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the Toxic Substances Control Act (collectively referred to as the "Environmental Laws"). Grantee shall not maintain a "treatment," "storage," "transfer" or "disposal" facility, or "underground storage tank," as those terms are defined by Environmental Laws, on the Premises. Grantee shall not handle, transport, release or suffer the release of "hazardous waste" or "hazardous substances", as "hazardous waste" and "hazardous substances" may now or in the future be defined by any Environmental Laws. 9. Notice of Release. Grantee shall give Grantor immediate notice to Grantor's Resource Operations Center at (800) 832-5452 of any release of hazardous substances on or from the Premises, violation of Environmental Laws, or inspection or inquiry by governmental authorities charged with enforcing Environmental Laws with respect to Grantee's use of the Premises. Grantee shall use its best efforts to promptly respond to any release on or from the Premises. Grantee also shall give Grantor immediate notice of all measures undertaken on behalf of Grantee to investigate, remediate, respond to or otherwise cure such release or violation. 10. Remediation of Release or Violation caused by use of Easement. In the event that Grantor has notice from Grantee or otherwise of a release or violation of Environmental Laws which occurred or may occur during the term of this Easement, and which was caused by, contributed to, or Grantee or Grantee's contractor, Grantor may require Grantee, at Grantee's sole risk and expense, to take timely measures to investigate, remediate, respond to or otherwise cure such release or violation affecting the Premises. If during the construction or subsequent maintenance of the Structure, soils or other materials considered to be environmentally contaminated are exposed, Grantee will remove and safely dispose of said contaminated soils. Determination of soils contamination and applicable disposal procedures thereof, will be made only by an agency having the capacity and authority to make such a determination. Page 3 of 5 11. Preventative Measures. Grantee shall promptly report to Grantor in writing any conditions or activities upon the Premises known to Grantee which create a risk of harm to persons, property or the environment and shall take whatever action is necessary to prevent injury to persons or property arising out of such conditions or activities; provided, however, that Grantee's reporting to Grantor shall not relieve Grantee of any obligation whatsoever imposed on it by this Easement. Grantee shall promptly respond to Grantor's request for information regarding said conditions or activities. 12. Vacation. If the Easement or any portion thereof, shall cease to be needed for public crossing purpose, then the Grantee shall vacate such portion(s) of the Easement in accordance with any and all applicable State and Federal Laws. In addition, Grantee at Grantee's sole expense, shall demolish and remove the Structure in accordance with the then current standards of Grantor, including but not limited to engineering, land use and railroad operating standards, and with the terms and provisions of the C&M Agreement. 13 Tax Exchange. Grantee may assign its rights but not its obligations under this Easement to effect an exchange under applicable section(s) of the Internal Revenue Code. In such event, Grantor shall provide Grantee with a Notice of Assignment and Grantee shall execute an acknowledgement of receipt of such notice. 14. Notices. Any notice required or permitted to be given hereunder by one party to the other shall be delivered in the manner set forth in the C&M Agreement. Notices to Grantor under this Easement shall be delivered to the following address: BNSF Railway Company, Real Estate Department, 2500 Lou Menk Drive, Ft. Worth, TX 76131, Attn: Permits, or such other address as Grantor may from time to time direct by notice to Grantee. 15. Recordation. It is understood and agreed that this Easement shall be in recordable form and shall be placed on public record subject to changes required, if any, to conform such form to local recording requirements. 16. Miscellaneous. 16.1 All questions concerning the interpretation or application of provisions of this Easement Agreement shall be decided according to the substantive Laws of the State of California without regard to conflicts of law provisions. 16.2 If any action at law or in equity is necessary to enforce or interpret the terms of this Easement, the prevailing party or parties shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party or parties may be entitled. 16.3 If any provision of this Easement is held to be illegal, invalid or unenforceable under present or future Laws, such provision will be fully severable and this Easement will be construed and enforced as if such illegal, invalid or unenforceable provision is not a part hereof, and the remaining provisions hereof will remain in full force and effect. In lieu of any illegal, invalid or unenforceable provision herein, there will be added automatically as a part of this Easement a provision as similar in its terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable. 16.4 This Easement is the full and complete agreement between Grantor and Grantee except that in matters of coordination between Grantor and Grantee for construction and maintenance, the previously referenced C&M Agreement shall control in any area of conflict between the two. However, nothing herein is intended to terminate any surviving obligation of Page 4 of 5 Grantee or Grantee's obligation to defend and hold Grantor harmless in any prior written agreement between the parties. 17. Administrative Fees. Grantee acknowledges that a material consideration for this agreement, without which it would not be made, is the agreement between Grantee and Grantor, that the Grantee shall pay upon return of this Agreement signed by Grantee to Grantor's Broker a processing fee in the amount of $2,000.00 over and above the agreed upon Acquisition Price. Said fee shall be made payable to BNSF Railway Company by a separate check. Witness the execution of this Easement as of the date first set forth above. GRANTOR: BNSF RAILWAY COMPANY, a Delaware corporation By: Name: Title: THIS IS TO CERTIFY, that the State of California, acting by and through the Department of Transportation (pursuant to Government Code Section 27281), hereby accepts for public purposes the real property described in the within deed and consents to the recordation thereof. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 20 DIRECTOR OF TRANSPORTATION By Attorney in Fact Page 5 of 5 PS OMAS EXHIBIT A2 LEGAL DESCRIPTION Caltrans Parcel No. 22305-1 Permanent Aerial Easements APN's 115-050-014, 115-060-004, & 115-070-001 In the City of Corona, County of Riverside, State of California, being a portion of Section 30, Township 3 South, Range 6 West, San Bernardino Meridian, as said Section 30 is shown on map of Rancho El Sobrante De San Jacinto, recorded in Book 7, Page 10 of Maps, Records of San Bernardino County, being two (2) parcels described as follows: Parcel No. 1 Beginning at the most southerly comer of the land described as Parcel No. 2 (4741-2) in the Deed recorded December 08, 1987 to the State of California as Instrument No. 347946 of Official Records of said County, said corner being a point on the southerly line of that certain 16.86 acre parcel of land as described in the Deed dated September 1, 1897, to the Southern California Railway Company (predecessor in interest to the Atchison, Topeka and Santa Fe Railway Company), recorded October 2, 1897 in Book 62, Page 46 of Deeds, Records of said County; thence along said southerly line North 77°34' 12" West 599.75 feet to a point thereon, said point being the beginning of a non - tangent curve concave northerly having a radius of 2,837.00 feet, to which point a radial line bears South 15°40'16" East; thence easterly along said curve 199.35 feet through a central angle of 04°01'34" to a point on the northerly line of the lands described in said deed to the Southern California Railway Company; thence South 77°34'12" East 839.06 feet to a point thereon; thence South 72°03'03" West 39.38 feet to the beginning of a curve concave southerly having a radius of 2,483.58 feet; thence westerly along said curve 124.08 feet through a central angle of 02°51'45"; thence South 69°11'18" West 145.37 feet to a point on the southerly line of the land described in the Deed dated November 9, 1966, to the Atchison, Topeka and Santa Fe Railway Company, recorded MA2PTG010501\SURVEY\LEGALS\22305_APN_115-050-014 AT&SF\Lega1s\22305-1.doc 1/28/2014 Page 1 of 3 PS OMAS December 7, 1966, as Instrument No. 117348 of said Official Records; thence North 77°34'12" West 273.54 feet along last said southerly line to the most southerly corner of the land described as Parcel No. 1 (4741-1) in said Instrument No. 347946; thence along the southerly line of said Parcel No.1 the following two (2) courses: 1) North 74°11'31" East 68.32 feet to the beginning of a curve concave southerly having a radius of 2,985.00 feet; thence 2) Easterly along said curve 70.62 feet through a central angle of 1°21'20" to the Point of Beginning. Containing 101,061 square feet. Parcel No. 2 Beginning at the northeasterly corner of that certain 10 foot wide strip of land described in the Deed dated November 20, 1984, to the Atchison, Topeka and Santa Fe Railway Company, recorded January 2, 1985, as Instrument No. 681 of Official Records of said County; thence North 77°34'12" West 218.90 feet along the northerly line of said strip of land to a point thereon, said point being the True Point of Beginning; thence. North 77°34'12" West 101.24 feet continuing along said northerly line to a point thereon, said point being the beginning of a non -tangent curve concave westerly having a radius of 1,060.58 feet, to which point a radial line bears North 79°06'50" East; thence northerly along said curve 187.80 feet through a central angle of 10°08'44" to a point on the northerly line of the land described as Parcel No. 4 (4601-1) in the Deed to the State of California recorded December 08, 1987 as Instrument No. 347946 of Official Records of said County, thence South 77°34'12" East 110.55 feet along last said northerly line to a point thereon, said point being the beginning of a non -tangent curve concave westerly having a radius of 1,154.42 feet, to which point a radial line bears North 71°59'42" East; thence southerly along said curve 172.07 feet through a central angle of 08°32'25"; thence South 08°20'16" East 11.45 feet to the True Point of Beginning. Containing 17,412 square feet. MA2PTG010501 \SURVEY\LEGALS\22305_APN_115-050-014_AT&SF\Legals\22305-1.doc 1/28/2014 Page 2 of 3 PSOMAS See Exhibit A3 attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. Prepared under the direction of l zg-/¢ Brian E. Bullock, PLS 5260 Date Ma2PTG010501 \SURVEY\LEGALS\22305_APN_115-050-014_AT&SF\Legals\22305 -1.doc 1/28/2014 Page 3 of 3 EXHIBIT A3 INDEX r 22305-1 PARCEL 2 SEE SHEET 4 QUARRY STREET in r LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( ) Title to State II III Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. 22305-1 PERMANENT AERIAL EASEMENTS FEET 0 400 BOO 1600 2400 PREPARED BY: PS O M A S DATE: 11-26-12 REV. 3: 01-28-2014 EA: FAQ: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 3 Hutton Centre Drive, Ste. 200 Santa Ana, California 92707 (714)751-7373/(714)545-8883 (Fax) 8 RIV 91 7.2 1 4 EXHIBIT A3 PARCEL# TITLE AREA APN 22305-1 PCL 1 ESMT 101,061 SOFT. 115-050-014 & 115-060-004 22305-1 PCL 2 ESMT 17,412 SQ.FT. 115-050-014 & 115-070-001 CURVE DATA DELTA RADIUS LENGTH C1 01°21'20" 2985.00' 70.62' v1 "51O 0 030 `9° 6, 15,050� i" o, � � i , i �5, , — - - 3 , gg• 00 BK. 62, R,2gop13A ice, S77°34'�2„ E D,p AT & SF V%°' 3 N�� --- 839•06, ?C3� �01° i � -' - . PARCEL 1 y / <— (22305-1) .- ''— PG. — 447 3 �5 / ' � N7 ° 2 0ds• N7 O PL,1. ,yo 34'1 „w Sg 99 2� 09,,E 7946 i '5 g• 75 R i EwAY _ RIVERSiD 5T r' TONING 2 N7 i .. . 32 1 f C 1 �— ` 1 L 68..32, ROTE 9 c� SWAY 01111w- P 0. FRE ,4 N77° P�� SIDE 3,° IvER51 �‘' , 2�3 54' ' 9 91 R 26 <, / Za ROUTE 115-060,0 • ��t 115,060"0 \/, i i �/ SEC -NON 30 -- M �1- w _ 0 .....w w ,;� 1 LEGENDL+�1 POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing RANCHO EL SJJRAN Jr r Ur SAN JACINTO ( ) Title to State I I I I 1 Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 3 0 5- 1 PERMANENT AERIAL EASEMENTS distances. All distances are in feet unless otherwise noted. I FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200Santa (714)751Ana, 737347114)54598883 (Fax) DATE: 11-26-12 REV. 3: 01-28-2014 EA: FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO.TOTAL SHEETS 8 R IV 91 7.2 2 4 EXHIBIT A3 PARCEL# TITLE AREA APN 22305-1 PCL 1 ESMT 101,061 SQ.FT. 115-050-014 & 115-060-004 22305-1 PCL 2 ESMT 17,412 SQ.FT. 115-050-014 & 115-070-001 CURVE DATA DELTA RADIUS LENGTH C 1 01 ° 21 '20" 2985.00' 70.62' REEW PY pE FREEWAY , DE RIVERS` 380 SIROOT RIVER S�A�IONING 9 O��E 9 cis R a _` 1 6 S77°34 w�2PARO L t15 � 12„F w 31 i _ , 839° _ 0 w x ��! j\jo 7 -_-_ -- _ _ ,— j �!�,0, N7703 „ P -_ __ 311E w' �_ `\N14°27'09"W(R) B° 469 DaS° S72°03, G1 . -- . „ ° 1 \ / i N77°34,12"W` 1 '�,,`I 05•��S-w __ ,mod 02°5>,58, �\ ��\.'' 1--INS 34 ST. N0, `--- ., MOST SLY COR. 8, 0:R0_ _ PARCEL NO. 2 ....... INST. N0. 347946, O.R. 060,OZA � 115 -'" SrC-r)O�� 30 / / RANCHO EL SOSRAN-f LEGEND Dr SAN JACINTO POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( )Title to State J 1 1 1 1 Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide 2 2 3 0 5- 1 PERMANENT AERIAL EASEMENTS by 0.99997476 to obtain ground I distances. All distances are in feet unless otherwise noted. FEET 0 50 100 200 300 PREPARED BY: DATE: 11-26-12 REV. 3: 01-28-2014 EA: FA#: PSOMAS DISTRICT COUNTY ROUTE SHEET PM SHEET NO.TOTAL SHEETS 3 Hutton Centre Drive, Ste. ZOO (714)751n 7373/(71141545 0883 (Fax) 8 R I V 91 7. 2 3 4 EXHIBIT A3 PARCEL# TITLE AREA APN 22305-1 PCL 1 ESMT 101,061 SQ.FT. 115-050-014 & 115-060-004 22305-1 PCL 2 ESMT 17,412 SQ.FT. 115-050-014 & 115-070-001 AT _ -� R� SF \ , 06'`.l 0 5\a N6$ \ \ \ ��! ,--, �— z m 73 o D co --‘ N m Ul „ 0 S 1T0552"E N1\05gg2 / 1 _ zw V PARCEL 2 0 0 _ _ - - — l\J I � \\ r � r o (2 2 3 0 5 —1) " " �0 ``' \ _ \ K.� 6 — — r J - o �, �, 0 4 ��� j '\ I-JJ J o � co DN N -s \ 7. f,) r6 \ ts0s> .A0N n \ - y � J,, R 09 �: N -s, � \ 2 _ 9 Pia' — 469—Dds. - - -_ NE'LY COR. \ _ \ I A51� 1o2� \ INST. NO. 681, O.R. P.O.B. _ ��—T.P\.O,B° EIR� - —1 PARCEL 2 0 50 __ �c,0� N-Ig 06 PARCEL 2 - N770 r- _ _ 34'/2"w N77 3q �2 - _____ - W J1yvr SECT 1 ON 30 08 J .1,l1JJ0 RANCHO r L SOEIRA \1Tr J, Dr SAN J.AC 1 NT0 Lc) - 218.9�, -- - - - - -- —__ _ --___ — f�� LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( ) Title to State I I I I I Access Prohibited — NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 3 0 5- 1 PERMANENT AERIAL EASEMENTS distances. All distances are in feet unless otherwise noted. i FEET 0 40 80 160 240 PREPARED BY: PSOMAS Hutton SantaA Ana, Californiae S200 2707 (714)751-7373/(714)545-8883 (Fax) DATE: 11-26-12 REV. 3: 01-28-2014 EA: FM*: DISTRICT _ COUNTY ROUTE SHEET PM SHEET NO.TOTAL SHEETS 8 R I V 91 7. 2 4 4 PSOMAS EXHIBIT `Bl' LEGAL DESCRIPTION Caltrans Parcel No. 22305-2 Permanent Footing Easements APN 115-060-004, 115-050-014 In the City of Corona, County of Riverside, State of California, being a portion of Section 30, Township 3 South, Range 6 West, San Bernardino Meridian, as said Section 30 is shown on map of Rancho El Sobrante De San Jacinto, recorded in Book 7, Page 10 of Maps, Records of San Bernardino County, being ten (10) parcels described as follows: Parcel 1 Beginning at the most northerly corner of the land described as Parcel No. 3 (4741-3) in the Deed to the State of California recorded December 08, 1987 as Instrument No. 347946 of Official Records of said County, said corner being on the northerly line of that certain 16.86 acre parcel of land described in the Deed dated September 1, 1897, to the Southern California Railway Company (predecessor in interest to the Atchison, Topeka and Santa Fe Railway Company), recorded October 2, 1897 in Book 62, Page 46 of Deeds, Records of said County; thence South 77°34'12" East 37.42 feet along the northerly line of said Parcel No. 3 and said lands of Southern California Railway Company to a point thereon, said point being the True Point of Beginning; thence South 54°09'57" East 17.77 feet to a point hereinafter referenced as Point "A"; thence South 35°50'03" West 19.00 feet; thence North 54°09'57" West 61.66 feet to a point on the northerly line of said lands of Southern California Railway Company, said point being North 77°34'12" West 10.41 feet of said most northerly corner; thence South 77°34'12" East 47.83 feet along said northerly line to the True Point of Beginning. Containing 755 square feet. MA2PTG010501\SURVEY\LEGALS\22305_APN_115-050-014_AT&SF\Lega1s\22305-2.doc 1/28/2014 Page 1 of 6 PS OMAS Parcel 2 Beginning at said Point "A" of Parcel 1 as said parcel is described herein; thence South 27°28'52" East 6.16 feet to the True Point of Beginning; thence South 77°34'02" East 49.25 feet; thence South 12°25'58" West 17.50 feet; thence North 77°34'02" West 49.25 feet; thence North 12°25'58" East 17.50 feet to the True Point of Beginning. Containing 862 square feet. Parcel 3 Beginning at the most easterly corner of the land described as Parcel No. 2 (4741-2) in the Deed to the State of California recorded December 08, 1987 as Instrument No. 347946 of Official Records said County, said corner being on the northerly line of that certain 16.86 acre parcel of land described in the Deed dated September 1, 1897, to the Southern California Railway Company (predecessor in interest to the Atchison, Topeka and Santa Fe Railway Company), recorded October 2, 1897 in Book 62, Page 46 of Deeds, Records of said Riverside County; thence North 77°34'12" West 278.97 feet along said northerly line to a point thereon, said point being the True Point of Beginning; thence South 71°37'15" West 58.80 feet; thence North 77°38'41" West 22.00 feet; thence North 12°21'19" East 22.00 feet; thence North 71°37'15" East 15.90 feet to a point on said northerly line; thence South 77°34'12" East 58.87 feet along said northerly line to the True Point of Beginning. Containing 1,368 square feet. Parcel 4 Beginning at the most easterly corner of the land described as Parcel No. 2 (4741-2) in the Deed to the State of California recorded December 08, 1987 as Instrument No. 347946 of Official Records said County, said corner being on the northerly line of that MA2PTG010501\SURVEY \LEGALS\22305 APN_115-050-014 AT&SRLegals\22305-2.doc 1/28/2014 Page 2 of 6 PS OMAS certain 16.86 acre parcel of land described in the Deed dated September 1, 1897, to the Southern California Railway Company (predecessor in interest to the Atchison, Topeka and Santa Fe Railway Company), recorded October 2, 1897 in Book 62, Page 46 of Deeds, Records of said Riverside County; thence South 77°34'12" East 114.49 feet along said northerly line to a point thereon; thence South 72°03'03" West 23.84 feet to the True Point of Beginning; thence South 72°03'03" West 15.54 feet to the beginning of a curve concave southerly having a radius of 2,483.58 feet; thence southwesterly along said curve 21.42 feet through a central angle of 00°29'39"; thence North 77°09'13" West 128.23 feet; thence North 79°06'52" West 25.45 feet; thence North 77°34'21" West 144.46 feet; thence North 12°25'39" East 19.00 feet; thence South 77°34'21" East 144.46 feet; thence South 79°06'48" East 25.46 feet; thence South 77°09'13" East 160.06 feet to the True Point of Beginning. Containing 5,966 square feet. Parcel 5 Beginning at the most westerly corner of the land described as Parcel No. 3 (4741-3) in the Deed to the State of California recorded December 08, 1987 as Instrument No. 347946 of Official Records said County, said corner being on the southerly line of that certain 16.86 acre parcel of land described in the Deed dated September 1, 1897, to the Southern California Railway Company (predecessor in interest to the Atchison, Topeka and Santa Fe Railway Company), recorded October 2, 1897 in Book 62, Page 46 of Deeds, Records of said Riverside County; thence South 77°34'12" East 63.23 feet along said southerly line to a point thereon, said point being the True Point of Beginning; thence North 12°26'04" East 14.20 feet; thence South 77°33'56" East 54.83 feet; thence South 12°26'04" West 14.19 feet to a point on said southerly line; thence North 77°34'12" West 54.83 feet along said southerly line to the True Point of Beginning. Containing 778 square feet. MA2PTG010501\SURVEY\LEGALS\22305 APN_115-050-014 AT&SF\Legals\22305-2.doc 1/28/2014 Page 3 of 6 PS OMAS Parcel 6 Beginning at the most westerly comer of the land described as Parcel No. 3 (4741-3) in the Deed to the State of California recorded December 08, 1987 as Instrument No. 347946 of Official Records said County, said corner being on the southerly line of that certain 16.86 acre parcel of land described in the Deed dated September 1, 1897, to the Southern California Railway Company (predecessor in interest to the Atchison, Topeka and Santa Fe Railway Company), recorded October 2, 1897 in Book 62, Page 46 of Deeds, Records of said Riverside County; thence South 77°34' 12" East 263.65 feet along said southerly line to a point thereon, said point being the True Point of Beginning; thence North 71°37'15" East 57.77 feet; thence South 18°22'45" East 34.45 feet to a point on said southerly line; thence North 77°34'12 West 67.26 feet along said southerly line to the True Point of Beginning. Containing 995 square feet. Parcel 7 Beginning at the most southerly comer of the land described as Parcel No. 2 (4741-2) in the Deed to the State of California recorded December 08, 1987 as Instrument No. 347946 of Official Records said County; thence North 77°34'12" West 40.48 feet along the southerly line of said Parcel No. 2 to a point thereon; thence North 30°13'51" East 16.23 feet; thence South 59°46'09" East 92.00 feet to a point hereinafter referenced as Point `B"; thence South 30°13'51" West 19.00 feet; thence North 59°46'09" West 68.66 feet to a point on the general southeasterly line of Parcel No. 1 (4747-1) as said parcel is described in said deed; said point also being the beginning of a non -tangent curve concave southerly having a radius of 2,985.00 feet, to which point a radial line bears North 14°51'51" West; thence easterly along said general southeasterly line and said curve 21.45 feet through a central angle of 00°24'42" to the Point of Beginning. Containing 1,518 square feet. MA2PTG010501\SURVEY \LEGALS\22305 APN_115-050-014_AT&SF\Legals\22305-2.doc 1/28/2014 Page 4 of 6 PS OMAS Parcel No 8 Beginning at said Point `B" of Parcel 7 as said parcel is described herein; thence South 24°34'57" East 21.96 feet to the True Point of Beginning; thence South 70°48'42" East 71.08 feet; thence South 19°11'18" West 20.00 feet; thence North 70°48'42" West 71.08 feet; thence North 19° 11' 18" East 20.00 feet to the True Point of Beginning. Containing 1,422 square feet. Parcel 9 Beginning at the most northerly corner of the land described as Parcel No. 4 (4601-1) in the Deed to the State of California recorded December 08, 1987 as Instrument No. 347946 of Official Records of said County, thence South 77°34'12" East 292.01 feet along the northerly line of said Parcel No. 4 to a point thereon, said point being the True Point of Beginning; thence South 77°34'12" East 43.00 feet continuing along said northerly line to a point thereon; thence South 12°25'39" West 27.12 feet; thence North 77°34'21" West 43.00 feet; thence North 12°25'39" East 27.13 to the True Point of Beginning. Containing 1,166 square feet. Parcel 10 Beginning at the northeasterly corner of that certain 10 foot wide strip of land described in the Deed dated November 20, 1984, to the Atchison, Topeka and Santa Fe Railway Company, recorded January 2, 1985, as Instrument No. 681 of Official Records of said County; thence North 77°34'12" West 247.25 feet along the northerly line of said strip of land to a point thereon, said point being the True Point of Beginning; thence North 77°34' 12" West 23.09 feet continuing along said northerly line to a point thereon; thence MA2PTG010501\SURVEYALEGALS\22305 APN_115-050-014_AT&SF\Legals\22305-2.doe 1/28/2014 Page 5 of 6 1 2 3 4 7 PS OMAS North 80°31'27" East 21.43 feet; thence South 09°28'33" East 8.62 feet to the True Point of Beginning. Containing 92 square feet. See Exhibit 132' attached hereto and made a park hereof. 8The distances described herein are grid distances and are based on California Coordinate 9 10 11 12 1 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. Prepared under the direction of �r ‘e Brian E. Bullock, PLS 5260 Date f - 28-4 NL\2PTG010501\SURV EYCLEGALS\22305_APN_115-050-014_AT&SF U.egals\22305-2.doc 1/28/2014 Page 6 of 6 EXHIBIT B2 INDEX h W 22305-2 0 PARCELS 1, 2, 5 & 6 SEE SHEETS 2 & 4 RIvERSIpE E. 3RD S TREE T 2- F REEw“ v m 22305-2 PARCEL 9 SEE SHEET 7 :ARRY STREET mN 22305-2 PARCELS 7 & 133 � SEE SHEETS 3 & 6 -23 a z -4 m 0 D O LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( ) Title to State 1 1 1 1 L Access Prohibited 22305-2 PARCEL 10 SEE SHEET 7 NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. 22305-2 PERMANENT FOOTING EASEMENTS I FEET 0 400 800 1600 2400 PREPARED BY: PS O M A S DATE: 11-26-12 REV. 3: 01-28-2014 EA: FA*: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 3 Hutton Centre Drive, Ste. 200 Santa Ano, California 92707 (714)751-7373/(714)545-8883 (Fax) 8 RIV 91 7.2 1 7 EXHIBIT B2 PARCEL# TITLE AREA APN 22305-2 PCL 1 ESMT 755 50.FT. 115-060-004 22305-2 PCL 2 ESMT 862 SOFT. 115-060-004 22305-2 PCL 5 ESMT 778 SQ.FT. 115-060-004 22305-2 PCL 6 ESMT 995 SOST. 115-060-004 MO-S4 N'L4'-,QOR. OF PARCEL A0. 3`0741-3) INST. NO. 3-4.7946,TQ.R. MOST W'LY COR. OF \- PARCEL N0. 3 (4741-3) / INST. NO. 347946, O.R. / SEE SHEET 4 T.P.O.B. PARCEL 1 FOR DETAIL "A" PARCEL 1 22305-2 T.P.O.B. PARCEL 2 ,- ,- —�-- �- PARCEL 2 i BK• 62, -'� _ 22305-2 -' '' A/& Sp�- ' ( 01\...l-b P 6 —G• 469 ' M -I._ \\�� �__ ��? 34,,- -- w T.P.O.B. 22305-2 _ PARCEL 5 PARCEL 5 /... N 2 T.P.O.B. PARCEL 6 ` UJ \ w '1/4AY \ � iv)F REEW \,� 310 ERSIDE 9 9� RIv// N 22305-2 U r E R� ' • .. sECTION 30 PARCEL 6 \f. . // �/ \// \. / LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing RANCHO EL sOaRANTr Dr SAN JACINTO ( )Title to State 1 1 1 1 1 Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 3 0 5- 2 PERMANENT FOOTING EASEMENTS distances. All distances are in feet unless otherwise noted. 1 FEET 0 50 100 200 300 PREPARED BY: DATE: 11-26-12 REV. 3: 01-28-2014 EA: FA#: PSOMAS DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 3 Hutton Centre Drive, Ste. 200 (714)751n 7373/(7114)545-8883 (Fax) 8 R I V 91 7. 2 2 7 EXHIBIT B2 PARCEL# TITLE AREA APN 22305-2 PCL 3 ESMT 1368 SQ.FT. 115-050-014 22305-2 PCL 4 ESMT 5966 SQ.FT. 115-050-014 22305-2 PCL 7 ESMT 1518 SQ.FT. 115-050-014 22305-2 PCL 8 ESMT 1422 SQ.FT. 115-060-004 ,.' F EW AY RE IOE PARCEL 3 v f RS G (22305-2 9� RI -yap R0�TE 9 T.P.O.B. PARCEL 4 PARCEL 3 a 22305-2� E'LY COR. 1 MOST SEE SHEET 5 PARCEL NO. 2 INST. NO. 347946, O.R. N 6 _ f- _ FOR DETAIL „B., & „C., T.P.O.B. w 315 \ -._ PARCEL 4 _ -.,� —� cn —4-' `, gK• 62 � � .• -- � � w' 9 �x�C/ iy _� —, cavil =`` 3`� /fig ��" ■\�' o ' \ �' P.O.B. � P i PARCEL 7 T.P.O.B. G• 46, — % , ' --4111111111111111r OST S'LY COR. PARCEL 8 ' GdS, � '— — 1 i' -- �' i ��� �i Alliklip \ -' AT 'SF . ,,,, ��'' ,' -- PAARCEL NO. 2 �� / ' INST �I�OI.i347946, O.R.11111111°P-\�' � ' .�, 22305-2 .,�� --__ i/ -- PARCEL 7 ' - - `'/. /' 22305-2 �' �„ PARCEL 8 SEE SHEET 6 .. SECTION 3� ,,-' . � FOR DETAIL D' .. RANCHO EL SO8RANTE LEGEND\ OE SAN JACINTO POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( ) Title to State 11 1 I I Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing ore grid distances. Divide to 2 2 3 0 5- 2 PERMANENT FOOTING EASEMENTS by 0.99997476 obtain ground distances. All distances are in feet unless otherwise noted. FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 (714)751-7373/(7114)5459 8883 (Fax) DATE: 11-26-12 REV. 3: 01-28-2014 EA: FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 7. 2 3 7 EXHIBIT B2 DETAIL P.O.B. PCL 1 MOST N'LY COR. OF PCL NO. 3 (4741-3) INST. NO. 347946, O.R. L1 PARCEL 1 22305-2 L3 L 2 T.P.O.B. PCL 1 L4 �6 L5 MOST W'LY COR. OF PCL �Ir�, 3 PCL NO. 3 (4741-3) 32119-4 L10 INST. NO. PARCEL 5 347946, O.R., 22305-2) LINE DATA BEARING DISTANCE L1 S77°34112"E 10.41' L2 S77°34'12"E 37.42' L3 S77° 34'1 2"E 47.83' L4 S54°09'57"E 17.77' L5 S35°50'03"W 19.00' L6 N54°09'57"W 61.66' L7 S77° 34'02"E 49.25' LEGEND POB Indicates Point Of. Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ) Title to State II II l Access Prohibited L14 POINT "A" S27°28'52"E 6.16'T.P.O.B.� PCL 2i L9 AT & SF BK. 62, PG. 46, Dds. T.P.O.B. PCL 6 L16 DETAIL "A" NOT TO SCALE LINE DATA BEARING DISTANCE L8 S12°25'58"W 17.50' L9 N77°34'02"W 49.25' L10 N12°25'58"E 17.50' L11 S77°34112"E 63.23' L12 N12°26'04"E 14.20' L13 S77°33'56"E 54.83' L14 S12°26'04"W 14.19' L15 N77°34'12"W 54.83' L1 6 S77° 34'1 2"E 263.65' L1 7 N71 ° 37'1 5"E 57.77' L18 S18°22'45"E 34.45' L19 N77°34'12"W 67.26' PARCEL 2 22305-2 i L8 PARCEL 6 (22305-2 \-‘ L19 NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. 22305-2 PERMANENT FOOTING EASEMENTS PREPARED BY: PSOMAS DATE: 11-26-12 REV. 3: 01-28-2014 EA: FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 3 Hutton Centre Drive, Ste. 200 Santa Ana, California 92707 (714)751-7373/(714)545-8883 (Fax) 8 RIV 91 7.2 4 7 EXHIBIT B2 DETAIL LINE TABLE BEARING DISTANCE L20 S71 °37'1 5"W 58.80' L21 N77°38'41"W 22.00' L22 N12°21'19"E 22.00' L23 N71 °37'1 5"E 1 5.90' L24 S77°34'12"E 58.87' L23 L22 BK. 62, PG. 4N 91 L21 46, Dds. L24 i 0 22305-2) PARCEL 3 DETAIL "B" SCALE: 1" = 50' MOST E'LY COR. PARCEL NO. 2 INST. NO. 347946, O.R. T.P.O.B. PCL 3 P.O.B. PCL'S 3 & 4 N77°34'12"W 278.97' / / Q03.4I CURVE DATA DELTA RADIUS LENGTH C1 00°29'39" 2483.58' 21.42' S79°06'48"E 25.46' PARCEL 4 22305-2) MOST E'LY COR. PARCEL NO. 2 INST. NO. 347946, O.R. P.O.B. PCL'S 3 & 4 S77°34'12"E 1 1 4.49' S f 7° 34'21 "E 1 44.46' ---S77°09'13"E 160.06' 5 2° 7:l C1 144.46' o N77° 34'21 "W rn PCL NO, 2 f----- 341946 --- ��- 1 2 8.2 3' N77°09113"W 25.45' N79° 06'52"W BK. 62, PG. 46, Dds. DETAIL "C" SCALE: 1" = 50' LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( ) Title to State 1 1 1 1 1 Access Prohibited RADIAL TABLE BEARING R1 N18° 26'36"W R1 T.P.O.B PCL 4 LINE TABLE BEARING DISTANCE L25 L26 L27 S72°03'03"W S72°03'03"W S72°03'03"E 23.84' 15.54' 39.38' NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. 22305-2 PERMANENT FOOTING EASEMENTS FEET 0 25 50 100 150 PREPARED BY: P SOMA S DATE:11-26-12 REV. 3: 01-28-2014 EA: FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 3 Hutton Centre Drive, Ste. 200 Santa Ana California 92707 (714)751-73734 714)545-8883 (Fax) 8 RIV 91 7.2 5 7 C ) EXHIBIT B2 DETAIL RIVERSIDE ROUTE 91 3z5 1 6 r' eK: SFR� 3.-47,2462, P0.46 /W � l7:°2 Ods, --PARCEL 7 ' L30 r- P.O.B. PCL 7 --L29 4 MOST S'LY COR. PARCEL NO. 2 --INST. NO. 347946, O.R 1 sEOT10N 30 N / RANCHO EL SOSRANTE \ DE' SAN .JACINTO /1 CURVE DATA DELTA RADIUS LENGTH C2 00°24'42" 2985.00' 21.45' LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing Title to State 1 1 1 1 I Access Prohibited POINT "B" L34 PARCEL 8 DETAIL "D" SCALE: 1" = 50' T.P.O.B. PCL 8 L 36 �i LINE TABLE BEARING DISTANCE L29 N77°34'12"W 40.48' L30 N30° 1 3'51 "E 16.23' L31 S59°46'09"E 92.00' L32 530° 1 3'51 "W 19.00' L33 N59°46'09"W 68.66' L34 524°34'57"E 21.96' L35 S70°48'42"E 71.08" L36 S19° 1 1 '1 8"W 20.00' L37 N70°48'42"W 71.08' L38 N19°11'18"E 20.00' NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. 22305-2 PERMANENT FOOTING EASEMENTS FEET 0 25 50 100 150 PREPARED BY: PSOMAS DATE: 11-26-12 REV. 3: 01-28-2014 EA: FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 3 Hutton Centre Drive, Ste. 200 Santa Ana, California 92707 (714)751-7373/(714)545-8883 (Fax) 8 RIV 91 7.2 6 7 EXHIBIT B2 PARCEL# TITLE AREA APN 22305-2 PCL 9 ESMT 1166 SQ.FT. 115-040-001 22305-2 PCL 10 ESMT 92 SQ.FT. 115-040-001 1---, z —1 LINE TABLE MOST N'LY COR. 1r1 BEARING DISTANCE PARCEL NO. 4 73 INST. NO. 347946, O.R. C.n L38 L39 N77°34'21"W N12°25'39"E 43.00' 27.13' --1 o D PARCEL 9 T.P.O.B. N m PARCEL 9 _ 57703412' A - - _ 292. Cs ---_ \ AT & SF \ PARCEL 9 L39 43,00, E \ \ .ter \\ 22305-2 �� \ S1 ° 2 ,l I�JJ 1 L3g 25'3 „ \ 9 �1 Il�jv-r l \ 1 1 2�,12, W -- S f" , -IJ � \ \ 1 g K t _ \ lc'i \ 1 1 62, PG.\ _ r?� \ \ 1 \46, Dag. _ _ 1 1 5p 028 331E _ _ _ _ NE'LY CDR. \ N800i� 2? E t g,62 1 _ 21 43I -_ , _ 1 t T.P.O.B. 1 _ _ INST. NO. 681, O.R. -- _ - - t P 10\ P.O.B. _ NCEo W �►j _ N77 23 09? ~ _ 1 - - _ 3q '12„w 24 V PARCEL 10 -e�5, _ _ _ C2305-2 lNsr ' - - _ _ SEC r 1 ON 30 PARCEL 10 6s l .1:.. J iN,1 RANCHO EL SO8RAN 1 r Or 'AN JAC 1 N TO LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( ) Title to State I I I I ( Access Prohibited NOTES ((�� 1 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 3 V 5- 1 PERMANENT AERIAL EASEMENTS distances. All distances are in feet unless otherwise noted. I FEET 0 40 80 160 240 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 (714)75i-7373/(7114)545 8883 (Fax) DATE: 11-26-12 REV. 3: 01-28-2014 EA: FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 RIV 91 7.2 7 7 EXHIBIT C To West Porphyry Overhead Construction and Maintenance Agreement CONTRACTOR REQUIREMENTS WEST PORPHYRY OVERHEAD CONSTRUCTION AND MAINTENANCE AGREEMENT 1.01 General: • 1.01.01 The Contractor must cooperate with BNSF RAILWAY COMPANY, hereinafter referred to as "Railway" where work is over or under on or adjacent to Railway property and/or right-of-way, hereafter referred to as "Railway Property", during RIVERSIDE COUNTY TRANSPORTATION COMMISSION, a public corporation of the State of California, hereinafter referred to as ("RCTC") construction involving the modification of the West Porphyry Overhead providing for its partial demolition, widening, construction of express lanes, and new ramp connections to Interstate Highway I-15 and a railroad maintenance road to accommodate the SR-91 Corridor Improvement Project, BNSF's Milepost 23.43, and Line Segment 7602 on BNSF's San Bernardino Subdivision. • 1.01.02 The Contractor must execute and deliver to the Railway duplicate copies of the Exhibit C-1 Agreement, in the form attached hereto, obligating the Contractor to provide and maintain in full force and effect the insurance called for under Section 3 of said Exhibit C-1. Questions regarding procurement of the Railroad Protective Liability Insurance should be directed to Rosa Martinez at Marsh, USA, 214-303-8519. • 1.01.03 The Contractor must plan, schedule and conduct all work activities so as not to interfere with the movement of any trains on Railway Property. • 1.01.04 The Contractor's right to enter Railway's Property is subject to the absolute right of Railway to cause the Contractor's work on Railway's Property to cease if, in the opinion of Railway, Contractor's activities create a hazard to Railway's Property, employees, and/or operations. Railway will have the right to stop construction work on the Project if any of the following events take place: (i) Contractor (or any of its subcontractors) performs the Project work in a manner contrary to the plans and specifications approved by Railway; (ii) Contractor (or any of its subcontractors), in Railway's opinion, prosecutes the Project work in a manner which is hazardous to Railway property, facilities or the safe and expeditious movement of railroad traffic; (iii) the insurance described in the attached Exhibit C-1 is canceled during the course of the Project; or (iv) RCTC fails to pay Railway for the Temporary Construction License or the Easement. The work stoppage will continue until all necessary actions are taken by Contractor or its subcontractor to rectify the situation to the satisfaction of Railway's Division Engineer or until additional insurance has been delivered to and accepted by Railway. In the event of a breach of (i) the Construction and Maintenance Agreement, (ii) the Temporary Construction License, or (iii) the Easement, Railway may immediately terminate the Temporary Construction License or the Easement. Any such work stoppage under this provision will not give rise to any liability on the part of Railway. Railway's right to stop the work is in addition to any other rights Railway may have including, but not limited to, actions or suits for damages or lost profits. In the event that Railway desires to stop construction work on the Project, Railway agrees to immediately notify the following individual in writing: Exhibit C West Porphyry Overhead Constriction and Maintenance Agreement Page 1 of 13 Michael Blomquist Toll Program Director RIVERSIDE COUNTY TRANSPORTATION COMMISSION 480 Lemon Street, 3rd Floor Riverside, CA 92502-2208 Office: (951) 778-1098 Fax (951) 787-7920 mblomquist@rctc.org • 1.01.05 The Contractor is responsible for determining and complying with all Federal, State and Local Governmental laws and regulations, including, but not limited to environmental laws and regulations (including but not limited to the Resource Conservation and Recovery Act, as amended; the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, CERCLA), and health and safety laws and regulations. The Contractor hereby indemnifies, defends and holds harmless Railway for, from and against all fines or penalties imposed or assessed by Federal, State and Local Governmental Agencies against the Railway which arise out of Contractor's work under this Agreement. • 1.01.06 The Contractor must notify RCTC'S Toll Program Director (951-778-1098) and Railway's Manager Public Projects, telephone number 909-386-4472 at least thirty (30) calendar days before commencing any work on Railway Property. Contractor's notification to Railway must refer to Railway's file • 1.01.07 For any bridge demolition and/or falsework above any tracks or any excavations located with any part of the excavations located within, whichever is greater, twenty-five (25) feet of the nearest track or intersecting a slope from the plane of the top of rail on a 2 horizontal to 1 vertical slope beginning at eleven (11) feet from centerline of the nearest track, both measured perpendicular to center line of track, the Contractor must furnish the Railway five sets of working drawings showing details of construction affecting Railway Property and tracks. The working drawing must include the proposed method of installation and removal of falsework, shoring or cribbing, not included in the contract plans and two sets of structural calculations of any falsework, shoring or cribbing. For all excavation and shoring submittal plans, the current `BNSF-UPRR Guidelines for Temporary Shoring" must be used for determining the design loading conditions to be used in shoring design, and all calculations and submittals must be in accordance with the current "BNSF- UPRR Guidelines for Temporary Shoring". All submittal drawings and calculations must be stamped by a registered professional engineer licensed to practice in the state the project is located. All calculations must take into consideration railway surcharge loading and must be designed to meet American Railway Engineering and Maintenance -of -Way Association (previously known as American Railway Engineering Association) Coopers E-80 live loading standard. All drawings and calculations must be stamped by a registered professional engineer licensed to practice in the state the project is located. The Contractor must not begin work until notified by the Railway that plans have been approved. The Contractor will be required to use lifting devices such as, cranes and/or winches to place or to remove any falsework over Railway's tracks. In no case will the Contractor be relieved of responsibility for results obtained by the implementation of said approved plans. • 1.01.08 Subject to the movement of Railway's trains, Railway will cooperate with the Contractor such that the work may be handled and performed in an efficient manner. The Contractor will have no claim whatsoever for any type of damages or for extra or additional compensation in the event his work is delayed by the Railway. Exhibit C West Porphyry Overhead Construction and Maintenance Agreement Page 2 of 13 1.02 Contractor Safety Orientation • 1.02.01 No employee of the Contractor, its subcontractors, agents or invitees may enter Railway Property without first having completed Railway's Engineering Contractor Safety Orientation, found on the web site www.bnsfcontractor.com. The Contractor must ensure that each of its employees, subcontractors, agents or invitees completes Railway's Engineering Contractor Safety Orientation through internet sessions before any work is performed on the Project. Additionally, the Contractor must ensure that each and every one of its employees, subcontractors, agents or invitees possesses a card certifying completion of the Railway Contractor Safety Orientation before entering Railway Property. The Contractor is responsible for the cost of the Railway Contractor Safety Orientation. The Contractor must renew the Railway Contractor Safety Orientation annually. Further clarification can be found on the web site or from the Railway's Representative. 1.03 Railway Requirements • 1.03.01 The Contractor must take protective measures as are necessary to keep railway facilities, including track ballast, free of sand, debris, and other foreign objects and materials resulting from his operations. Any damage to railway facilities resulting from Contractor's operations will be repaired or replaced by Railway and the cost of such repairs or replacement must be paid for by RCTC. • 1.03.02 The Contractor must notify the Railway's Division Engineer at 909-386-4504 and provide blasting plans to the Railway for review seven (7) calendar days prior to conducting any blasting operations adjacent to or on Railway's Property. • 1.03.03 The Contractor must abide by the following temporary clearances during construction: ■ 15'-0" Horizontally from centerline of nearest track ■ 21'-6" Vertically above top of rail ■ 27'-0" Vertically above top of rail for electric wires carrying less than 750 volts ■ 28'-0" Vertically above top of rail for electric wires carrying 750 volts to 15,000 volts ■ 30'-0" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000 volts ■ 34'-0" Vertically above top of rail for electric wires carrying more than 20,000 volts • 1.03.04 Upon completion of construction, the following clearances shall be maintained: ■ 9-0" Minimum measured Horizontally from centerline of nearest track ■ 25'-4" Minimum measured Vertically above top of rail • 1.03.05 Any infringement within State statutory clearances due to the Contractor's operations must be submitted to the Railway and to RCTC and must not be undertaken until approved in writing by the Railway, and until RCTC has obtained any necessary authorization from the State Regulatory Authority for the infringement. No extra compensation will be allowed in the event the Contractor's work is delayed pending Railway approval, and/or the State Regulatory Authority's approval. • 1.03.06 In the case of impaired vertical clearance above top of rail, Railway will have the option of installing tell -tales or other protective devices Railway deems necessary for protection of Railway operations. The cost of tell -tales or protective devices will be borne by RCTC. Exhibit C West Porphyry Overhead Construction and Maintenance Agreement Page 3 of 13 " 1 . 0 3 . 0 7 T h e d e t a i l s o f c o n s t r u c t i o n a f f e c t i n g t h e R a i l w a y ' s P r o p e r t y a n d t r a c k s n o t i n c l u d e d i n t h e c o n t r a c t p l a n s m u s t b e s u b m i t t e d t o t h e R a i l w a y b y R C T C f o r a p p r o v a l b e f o r e w o r k i s u n d e r t a k e n a n d t h i s w o r k m u s t n o t b e u n d e r t a k e n u n t i l a p p r o v e d b y t h e R a i l w a y . " 1 . 0 3 . 0 8 A t o t h e r t h a n p u b l i c r o a d c r o s s i n g s , t h e C o n t r a c t o r m u s t n o t m o v e a n y e q u i p m e n t o r m a t e r i a l s a c r o s s R a i l w a y ' s t r a c k s u n t i l p e r m i s s i o n h a s b e e n o b t a i n e d f r o m t h e R a i l w a y . T h e C o n t r a c t o r m u s t o b t a i n a " T e m p o r a r y C o n s t r u c t i o n C r o s s i n g A g r e e m e n t " f r o m t h e R a i l w a y p r i o r t o m o v i n g h i s e q u i p m e n t o r m a t e r i a l s a c r o s s t h e R a i l w a y s t r a c k s . T h e t e m p o r a r y c r o s s i n g m u s t b e g a t e d a n d l o c k e d a t a l l t i m e s w h e n n o t r e q u i r e d f o r u s e b y t h e C o n t r a c t o r . T h e t e m p o r a r y c r o s s i n g f o r u s e o f t h e C o n t r a c t o r w i l l b e c o n s t r u c t e d a n d , a t t h e c o m p l e t i o n o f t h e p r o j e c t , r e m o v e d a t t h e e x p e n s e o f t h e C o n t r a c t o r . " 1 . 0 3 . 0 9 D i s c h a r g e , r e l e a s e o r s p i l l o n t h e R a i l w a y P r o p e r t y o f a n y h a z a r d o u s s u b s t a n c e s , o i l , p e t r o l e u m , c o n s t i t u e n t s , p o l l u t a n t s , c o n t a m i n a n t s , o r a n y h a z a r d o u s w a s t e i s p r o h i b i t e d a n d C o n t r a c t o r m u s t i m m e d i a t e l y n o t i f y t h e R a i l w a y ' s R e s o u r c e O p e r a t i o n s C e n t e r a t 1 ( 8 0 0 ) 8 3 2 - 5 4 5 2 , o f a n y d i s c h a r g e , r e l e a s e o r s p i l l s i n e x c e s s o f a r e p o r t a b l e q u a n t i t y . C o n t r a c t o r m u s t n o t a l l o w R a i l w a y P r o p e r t y t o b e c o m e a t r e a t m e n t , s t o r a g e o r t r a n s f e r f a c i l i t y a s t h o s e t e r m s a r e d e f i n e d i n t h e R e s o u r c e C o n s e r v a t i o n a n d R e c o v e r y A c t o r a n y s t a t e a n a l o g u e . " 1 . 0 3 . 1 0 T h e C o n t r a c t o r u p o n c o m p l e t i o n o f t h e w o r k c o v e r e d b y t h i s c o n t r a c t , m u s t p r o m p t l y r e m o v e f r o m t h e R a i l w a y ' s P r o p e r t y a l l o f C o n t r a c t o r ' s t o o l s , e q u i p m e n t , i m p l e m e n t s a n d o t h e r m a t e r i a l s , w h e t h e r b r o u g h t u p o n s a i d p r o p e r t y b y s a i d C o n t r a c t o r o r a n y s u b c o n t r a c t o r , e m p l o y e e o r a g e n t o f C o n t r a c t o r o r o f a n y S u b c o n t r a c t o r , a n d m u s t c a u s e R a i l w a y ' s P r o p e r t y t o b e l e f t i n a c o n d i t i o n a c c e p t a b l e t o t h e R a i l w a y ' s r e p r e s e n t a t i v e . 1 . 0 4 C o n t r a c t o r R o a d w a y W o r k e r o n T r a c k S a f e t y P r o g r a m a n d S a f e t y A c t i o n P l a n : " 1 . 0 4 . 0 1 E a c h C o n t r a c t o r t h a t w i l l p e r f o r m w o r k w i t h i n 2 5 f e e t o f t h e c e n t e r l i n e o f a t r a c k m u s t d e v e l o p a n d i m p l e m e n t a R o a d w a y W o r k e r P r o t e c t i o n / O n T r a c k S a f e t y P r o g r a m a n d w o r k w i t h R a i l w a y P r o j e c t R e p r e s e n t a t i v e t o d e v e l o p a n o n t r a c k s a f e t y s t r a t e g y a s d e s c r i b e d i n t h e g u i d e l i n e s l i s t e d i n t h e o n t r a c k s a f e t y p o r t i o n o f t h e S a f e t y O r i e n t a t i o n . T h i s P r o g r a m m u s t p r o v i d e R o a d w a y W o r k e r p r o t e c t i o n / o n t r a c k t r a i n i n g f o r a l l e m p l o y e e s o f t h e C o n t r a c t o r , i t s s u b c o n t r a c t o r s , a g e n t s o r i n v i t e e s . T h i s t r a i n i n g i s r e i n f o r c e d a t t h e j o b s i t e t h r o u g h j o b s a f e t y b r i e f i n g s . A d d i t i o n a l l y , e a c h C o n t r a c t o r m u s t d e v e l o p a n d i m p l e m e n t t h e S a f e t y A c t i o n P l a n , a s p r o v i d e d f o r o n t h e w e b s i t e w w w . b n s f c o n t r a c t o r . c o m , w h i c h w i l l b e m a d e a v a i l a b l e t o R a i l w a y p r i o r t o c o m m e n c e m e n t o f a n y w o r k o n R a i l w a y P r o p e r t y . D u r i n g t h e p e r f o r m a n c e o f w o r k , t h e C o n t r a c t o r m u s t a u d i t i t s w o r k a c t i v i t i e s . T h e C o n t r a c t o r m u s t d e s i g n a t e a n o n - s i t e P r o j e c t S u p e r v i s o r w h o w i l l s e r v e a s t h e c o n t a c t p e r s o n f o r t h e R a i l w a y a n d w h o w i l l m a i n t a i n a c o p y o f t h e S a f e t y A c t i o n P l a n , s a f e t y a u d i t s , a n d M a t e r i a l S a f e t y D a t a s h e e t s ( M S D S ) , a t t h e j o b s i t e . " 1 . 0 4 . 0 2 C o n t r a c t o r s h a l l h a v e a b a c k g r o u n d i n v e s t i g a t i o n p e r f o r m e d o n a l l o f i t s e m p l o y e e s , s u b c o n t r a c t o r s a n d a g e n t s w h o w i l l b e p e r f o r m i n g a n y s e r v i c e s f o r R a i l w a y u n d e r t h i s A g r e e m e n t w h i c h a r e d e t e r m i n e d b y R a i l w a y i n i t s s o l e d i s c r e t i o n a ) t o b e o n R a i l w a y ' s p r o p e r t y , o r b ) t h a t r e q u i r e a c c e s s t o R a i l w a y C r i t i c a l I n f r a s t r u c t u r e , R a i l w a y C r i t i c a l I n f o r m a t i o n S y s t e m s , R a i l w a y ' s E m p l o y e e s , H a z a r d o u s M a t e r i a l s o n R a i l w a y ' s p r o p e r t y o r i s b e i n g t r a n s p o r t e d b y o r o t h e r w i s e i n t h e c u s t o d y o f R a i l w a y , o r F r e i g h t i n T r a n s i t i n v o l v i n g R a i l w a y . E x h i b i t C W e s t P o r p h y r y O v e r h e a d C o n s t r u c t i o n a n d M a i n t e n a n c e A g r e e m e n t P a g e 4 o f 1 3 The required background screening shall at a minimum meet the rail industry background screening criteria defined by the e-RAILSAFE Program as outlined at http://www.e-railsafe.com, in addition to any other applicable regulatory requirements. Contractor shall obtain written consent from all its employees, subcontractors or agents screened in compliance with the e-RAILSAFE Program to participate in the Program on their behalf and to release completed background information to Railway's designee. Contractor shall be subject to periodic audit to ensure compliance. Contractor subject to the e-RAILSAFE Program hereunder shall not permit any of its employees, subcontractors or agents to perform services hereunder who are not first approved under e- RAILSAFE Program standards. Railway shall have the right to deny entry onto its premises or access as described in this section above to any of Contractor's employees, subcontractors or agents who do not display the authorized identification badge issued by a background screening service meeting the standards set forth in the e-RAILSAFE Program, or who in Railway's opinion, which may not be unreasonable, may pose a threat to the safety or security of Railway's operations, assets or personnel. Contractors shall be responsible for ensuring that its employees, subcontractors and agents are United States citizens or legally working in the United States under a lawful and appropriate work VISA or other work authorization. 1.05 Railway Flagger Services: • 1.05.01 The Contractor must give Railway's Roadmaster (telephone 909-386-4061) a minimum of thirty (30) calendar days advance notice when flagging services will be required so that the Roadmaster can make appropriate arrangements (i.e., bulletin the flagger's position). If flagging services are scheduled in advance by the Contractor and it is subsequently determined by the parties hereto that such services are no longer necessary, the Contractor must give the Roadmaster five (5) working days advance notice so that appropriate arrangements can be made to abolish the position pursuant to union requirements. • 1.05.02 Unless determined otherwise by Railway's Project Representative, Railway flagger will be required and furnished when Contractor's work activities are located over, under and/or within twenty-five (25) feet measured horizontally from centerline of the nearest track and when cranes or similar equipment positioned beyond 25 feet from the track centerline could foul the track in the event of tip over or other catastrophic occurrence, but not limited thereto for the following conditions: • 1.05.02a When, upon inspection by Railway's Representative, other conditions warrant. • 1.05.02b When any excavation is performed below the bottom of tie elevation, if, in the opinion of Railway's representative, track or other Railway facilities may be subject to movement or settlement. • 1.05.02c When work in any way interferes with the safe operation of trains at timetable speeds. • 1.05.02d When any hazard is presented to Railway track, communications, signal, electrical, or other facilities either due to persons, material, equipment or blasting in the vicinity. Exhibit C West Porphyry Overhead Construction and Maintenance Agreement Page 5 of 13 " 1 . 0 5 . 0 2 e S p e c i a l p e r m i s s i o n m u s t b e o b t a i n e d f r o m t h e R a i l w a y b e f o r e m o v i n g h e a v y o r c u m b e r s o m e o b j e c t s o r e q u i p m e n t w h i c h m i g h t r e s u l t i n m a k i n g t h e t r a c k i m p a s s a b l e . " 1 . 0 5 . 0 3 F l a g g i n g s e r v i c e s w i l l b e p e r f o r m e d b y q u a l i f i e d R a i l w a y f l a g g e r s . " 1 . 0 5 . 0 3 a F l a g g i n g c r e w g e n e r a l l y c o n s i s t s o f o n e e m p l o y e e . H o w e v e r , a d d i t i o n a l p e r s o n n e l m a y b e r e q u i r e d t o p r o t e c t R a i l w a y P r o p e r t y a n d o p e r a t i o n s , i f d e e m e d n e c e s s a r y b y t h e R a i l w a y s R e p r e s e n t a t i v e . " 1 . 0 5 . 0 3 b E a c h t i m e a f l a g g e r i s c a l l e d , t h e m i n i m u m p e r i o d f o r b i l l i n g w i l l b e t h e e i g h t ( 8 ) h o u r b a s i c d a y . " 1 . 0 5 . 0 3 c T h e c o s t o f f l a g g e r s e r v i c e s p r o v i d e d b y t h e R a i l w a y w i l l b e b o r n e b y R C T C . T h e e s t i m a t e d c o s t f o r o n e ( 1 ) f l a g g e r i s a p p r o x i m a t e l y b e t w e e n $ 8 0 0 . 0 0 - $ 1 , 6 0 0 . 0 0 f o r a n e i g h t ( 8 ) h o u r b a s i c d a y w i t h t i m e a n d o n e - h a l f o r d o u b l e t i m e f o r o v e r t i m e , r e s t d a y s a n d h o l i d a y s . T h e e s t i m a t e d c o s t f o r e a c h f l a g g e r i n c l u d e s v a c a t i o n a l l o w a n c e , p a i d h o l i d a y s , R a i l w a y a n d u n e m p l o y m e n t i n s u r a n c e , p u b l i c l i a b i l i t y a n d p r o p e r t y d a m a g e i n s u r a n c e , h e a l t h a n d w e l f a r e b e n e f i t s , v e h i c l e , t r a n s p o r t a t i o n , m e a l s , l o d g i n g , r a d i o , e q u i p m e n t , s u p e r v i s i o n a n d o t h e r c o s t s i n c i d e n t a l t o p e r f o r m i n g f l a g g i n g s e r v i c e s . N e g o t i a t i o n s f o r R a i l w a y l a b o r o r c o l l e c t i v e b a r g a i n i n g a g r e e m e n t s a n d r a t e c h a n g e s a u t h o r i z e d b y a p p r o p r i a t e F e d e r a l a u t h o r i t i e s m a y i n c r e a s e a c t u a l o r e s t i m a t e d f l a g g i n g r a t e s . T H E F L A G G I N G R A T E I N E F F E C T A T T H E T I M E O F P E R F O R M A N C E B Y T H E C O N T R A C T O R H E R E U N D E R W I L L B E U S E D T O C A L C U L A T E T H E A C T U A L C O S T S O F F L A G G I N G P U R S U A N T T O T H I S P A R A G R A P H . " 1 . 0 5 . 0 3 d T h e a v e r a g e t r a i n t r a f f i c o n t h i s r o u t e i s 7 8 f r e i g h t t r a i n s a n d 2 7 p a s s e n g e r t r a i n s u p t o a m a x i m u m t o t a l o f 1 0 5 t r a i n s p e r 2 4 - h o u r p e r i o d . T r a i n t i m e t a b l e s p e e d s a r e : W e s t w a r d : 6 0 M P H P a s s e n g e r , 5 0 M P H F r e i g h t E a s t w a r d : 6 0 M P H P a s s e n g e r , 5 0 M P H F r e i g h t 1 . 0 6 C o n t r a c t o r G e n e r a l S a f e t y R e q u i r e m e n t s " 1 . 0 6 . 0 1 W o r k i n t h e p r o x i m i t y o f r a i l w a y t r a c k ( s ) i s p o t e n t i a l l y h a z a r d o u s w h e r e m o v e m e n t o f t r a i n s a n d e q u i p m e n t c a n o c c u r a t a n y t i m e a n d i n a n y d i r e c t i o n . A l l w o r k p e r f o r m e d b y c o n t r a c t o r s w i t h i n 2 5 f e e t o f a n y t r a c k m u s t b e i n c o m p l i a n c e w i t h F R A R o a d w a y W o r k e r P r o t e c t i o n R e g u l a t i o n s . " 1 . 0 6 . 0 2 B e f o r e b e g i n n i n g a n y t a s k o n R a i l w a y P r o p e r t y , a t h o r o u g h j o b s a f e t y b r i e f i n g m u s t b e c o n d u c t e d w i t h a l l p e r s o n n e l i n v o l v e d w i t h t h e t a s k a n d r e p e a t e d w h e n t h e p e r s o n n e l o r t a s k c h a n g e s . I f t h e t a s k i s w i t h i n 2 5 f e e t o f a n y t r a c k , t h e j o b b r i e f i n g m u s t i n c l u d e t h e R a i l w a y ' s f l a g g e r , a s a p p l i c a b l e , a n d i n c l u d e t h e p r o c e d u r e s t h e C o n t r a c t o r w i l l u s e t o p r o t e c t i t s e m p l o y e e s , s u b c o n t r a c t o r s , a g e n t s o r i n v i t e e s f r o m m o v i n g a n y e q u i p m e n t a d j a c e n t t o o r a c r o s s a n y R a i l w a y t r a c k ( s ) . " 1 . 0 6 . 0 3 W o r k e r s m u s t n o t w o r k w i t h i n 2 5 f e e t o f t h e c e n t e r l i n e o f a n y t r a c k w i t h o u t a n o n t r a c k s a f e t y s t r a t e g y a p p r o v e d b y t h e R a i l w a y ' s P r o j e c t R e p r e s e n t a t i v e . W h e n a u t h o r i t y i s p r o v i d e d , e v e r y c o n t r a c t o r e m p l o y e e m u s t k n o w : ( 1 ) w h o t h e R a i l w a y f l a g g e r i s , a n d h o w t o c o n t a c t t h e f l a g g e r , ( 2 ) l i m i t s o f t h e a u t h o r i t y , ( 3 ) t h e m e t h o d o f c o m m u n i c a t i o n t o s t o p a n d r e s u m e w o r k , a n d E x h i b i t C W e s t P o r p h y r y O v e r h e a d C o n s t r u c t i o n a n d M a i n t e n a n c e A g r e e m e n t P a g e 6 o f 1 3 (4) location of the designated places of safety. Persons or equipment entering flag/work limits that were not previously job briefed, must notify the flagger immediately, and be given a job briefing when working within 25 feet of the center line of track. • 1.06.04 When Contractor employees are required to work on the Railway Property after normal working hours or on weekends, the Railway's representative in charge of the project must be notified. A minimum of two employees must be present at all times. • 1.06.05 Any employees, agents or invitees of Contractor or its subcontractors under suspicion of being under the influence of drugs or alcohol, or in the possession of same, will be removed from the Railway's Property and subsequently released to the custody of a representative of Contractor management. Future access to the Railway's Property by that employee will be denied. • 1.06.06 Any damage to Railway Property, or any hazard noticed on passing trains must be reported immediately to the Railway's representative in charge of the project. Any vehicle or machine which may come in contact with track, signal equipment, or structure (bridge) and could result in a train derailment must be reported immediately to the Railway representative in charge of the project and to the Railway's Resource Operations Center at 1(800) 832-5452. Local emergency numbers are to be obtained from the Railway representative in charge of the project prior to the start of any work and must be posted at the job site. • 1.06.07 For safety reasons, all persons are prohibited from having pocket knives, firearms or other deadly weapons in their possession while working on Railway's Property. • 1.06.08 All personnel protective equipment (PPE) used on Railway Property must meet applicable OSHA and ANSI specifications. Current Railway personnel protective equipment requirements are listed on the web site, www.bnsfcontractor.com, however, a partial list of the requirements include: a) safety glasses with permanently affixed side shields (no yellow lenses); b) hard hats c) safety shoe with: hardened toes, above -the -ankle lace -up and a defined heel; and d) high visibility retro-reflective work wear. The Railway's representative in charge of the project is to be contacted regarding local specifications for meeting requirements relating to hi -visibility work wear. Hearing protection, fall protection, gloves, and respirators must be worn as required by State and Federal regulations. (NOTE — Should there be a discrepancy between the information contained on the web site and the information in this paragraph, the web site will govern.) • 1.06.09 THE CONTRACTOR MUST NOT PILE OR STORE ANY MATERIALS, MACHINERY OR EQUIPMENT CLOSER THAN 25'-0" TO THE CENTER LINE OF THE NEAREST RAILWAY TRACK. MATERIALS, MACHINERY OR EQUIPMENT MUST NOT BE STORED OR LEFT WITHIN 250 FEET OF ANY HIGHWAY/RAIL AT -GRADE CROSSINGS OR TEMPORARY CONSTRUCTION CROSSING, WHERE STORAGE OF THE SAME WILL OBSTRUCT THE VIEW OF A TRAIN APPROACHING THE CROSSING. PRIOR TO BEGINNING WORK, THE CONTRACTOR MUST ESTABLISH A STORAGE AREA WITH CONCURRENCE OF THE RAILWAY'S REPRESENTATIVE. • 1.06.10 Machines or vehicles must not be left unattended with the engine running. Parked machines or equipment must be in gear with brakes set and if equipped with blade, pan or bucket, they must be lowered to the ground. All machinery and equipment left unattended on Railway's Property must be left inoperable and secured against movement. (See internet Engineering Contractor Safety Orientation program for more detailed specifications). Exhibit C West Porphyry Overhead Construction and Maintenance Agreement Page 7 of 13 " 1 . 0 6 . 1 1 W o r k e r s m u s t n o t c r e a t e a n d l e a v e a n y c o n d i t i o n s a t t h e w o r k s i t e t h a t w o u l d i n t e r f e r e w i t h w a t e r d r a i n a g e . A n y w o r k p e r f o r m e d o v e r w a t e r m u s t m e e t a l l f e d e r a l , s t a t e a n d l o c a l r e g u l a t i o n s . " 1 . 0 6 . 1 2 A l l p o w e r l i n e w i r e s m u s t b e c o n s i d e r e d d a n g e r o u s a n d o f h i g h v o l t a g e u n l e s s i n f o r m e d t o t h e c o n t r a r y b y p r o p e r a u t h o r i t y . F o r a l l p o w e r l i n e s t h e m i n i m u m c l e a r a n c e b e t w e e n t h e l i n e s a n d a n y p a r t o f t h e e q u i p m e n t o r l o a d m u s t b e ; 2 0 0 K V o r b e l o w - 1 5 f e e t ; 2 0 0 t o 3 5 0 K V - 2 0 f e e t ; 3 5 0 t o 5 0 0 K V - 2 5 f e e t ; 5 0 0 t o 7 5 0 K V - 3 5 f e e t ; a n d 7 5 0 t o 1 0 0 0 K V - 4 5 f e e t . I f c a p a c i t y o f t h e l i n e i s n o t k n o w n , a m i n i m u m c l e a r a n c e o f 4 5 f e e t m u s t b e m a i n t a i n e d . A p e r s o n m u s t b e d e s i g n a t e d t o o b s e r v e c l e a r a n c e o f t h e e q u i p m e n t a n d g i v e a t i m e l y w a r n i n g f o r a l l o p e r a t i o n s w h e r e i t i s d i f f i c u l t f o r a n o p e r a t o r t o m a i n t a i n t h e d e s i r e d c l e a r a n c e b y v i s u a l m e a n s . 1 . 0 7 E x c a v a t i o n : " 1 . 0 7 . 0 1 B e f o r e e x c a v a t i n g , t h e C o n t r a c t o r m u s t d e t e r m i n e w h e t h e r a n y u n d e r g r o u n d p i p e l i n e s , e l e c t r i c w i r e s , o r c a b l e s , i n c l u d i n g f i b e r o p t i c c a b l e s y s t e m s a r e p r e s e n t a n d l o c a t e d w i t h i n t h e P r o j e c t w o r k a r e a . T h e C o n t r a c t o r m u s t d e t e r m i n e w h e t h e r e x c a v a t i o n o n R a i l w a y ' s P r o p e r t y c o u l d c a u s e d a m a g e t o b u r i e d c a b l e s r e s u l t i n g i n d e l a y t o R a i l w a y t r a f f i c a n d d i s r u p t i o n o f s e r v i c e t o u s e r s . D e l a y s a n d d i s r u p t i o n s t o s e r v i c e m a y c a u s e b u s i n e s s i n t e r r u p t i o n s i n v o l v i n g l o s s o f r e v e n u e a n d p r o f i t s . B e f o r e c o m m e n c i n g e x c a v a t i o n , t h e C o n t r a c t o r m u s t c o n t a c t B N S F ' s F i e l d E n g i n e e r i n g R e p r e s e n t a t i v e ( 9 0 9 - 3 8 6 - 4 0 7 9 ) . A l l u n d e r g r o u n d a n d o v e r h e a d w i r e s w i l l b e c o n s i d e r e d H I G H V O L T A G E a n d d a n g e r o u s u n t i l v e r i f i e d w i t h t h e c o m p a n y h a v i n g o w n e r s h i p o f t h e l i n e . I t i s t h e C o n t r a c t o r ' s r e s p o n s i b i l i t y t o n o t i f y a n y o t h e r c o m p a n i e s t h a t h a v e u n d e r g r o u n d u t i l i t i e s i n t h e a r e a a n d a r r a n g e f o r t h e l o c a t i o n o f a l l u n d e r g r o u n d u t i l i t i e s b e f o r e e x c a v a t i n g . " 1 . 0 7 . 0 2 T h e C o n t r a c t o r m u s t c e a s e a l l w o r k a n d n o t i f y t h e R a i l w a y i m m e d i a t e l y b e f o r e c o n t i n u i n g e x c a v a t i o n i n t h e a r e a i f o b s t r u c t i o n s a r e e n c o u n t e r e d w h i c h d o n o t a p p e a r o n d r a w i n g s . I f t h e o b s t r u c t i o n i s a u t i l i t y a n d t h e o w n e r o f t h e u t i l i t y c a n b e i d e n t i f i e d , t h e n t h e C o n t r a c t o r m u s t a l s o n o t i f y t h e o w n e r i m m e d i a t e l y . I f t h e r e i s a n y d o u b t a b o u t t h e l o c a t i o n o f u n d e r g r o u n d c a b l e s o r l i n e s o f a n y k i n d , n o w o r k m u s t b e p e r f o r m e d u n t i l t h e e x a c t l o c a t i o n h a s b e e n d e t e r m i n e d . T h e r e w i l l b e n o e x c e p t i o n s t o t h e s e i n s t r u c t i o n s . " 1 . 0 7 . 0 3 A l l e x c a v a t i o n s m u s t b e c o n d u c t e d i n c o m p l i a n c e w i t h a p p l i c a b l e O S H A r e g u l a t i o n s a n d , r e g a r d l e s s o f d e p t h , m u s t b e s h o r e d w h e r e t h e r e i s a n y d a n g e r t o t r a c k s , s t r u c t u r e s o r p e r s o n n e l . " 1 . 0 7 . 0 4 A n y e x c a v a t i o n s , h o l e s o r t r e n c h e s o n t h e R a i l w a y ' s P r o p e r t y m u s t b e c o v e r e d , g u a r d e d a n d / o r p r o t e c t e d w h e n n o t b e i n g w o r k e d o n . W h e n l e a v i n g w o r k s i t e a r e a s a t n i g h t a n d o v e r w e e k e n d s , t h e a r e a s m u s t b e s e c u r e d a n d l e f t i n a c o n d i t i o n t h a t w i l l e n s u r e t h a t R a i l w a y e m p l o y e e s a n d o t h e r p e r s o n n e l w h o m a y b e w o r k i n g o r p a s s i n g t h r o u g h t h e a r e a a r e p r o t e c t e d f r o m a l l h a z a r d s . A l l e x c a v a t i o n s m u s t b e b a c k f i l l e d a s s o o n a s p o s s i b l e . 1 . 0 8 H a z a r d o u s W a s t e , S u b s t a n c e s a n d M a t e r i a l R e p o r t i n g : " 1 . 0 8 . 0 1 I f C o n t r a c t o r d i s c o v e r s a n y h a z a r d o u s w a s t e , h a z a r d o u s s u b s t a n c e , p e t r o l e u m o r o t h e r d e l e t e r i o u s m a t e r i a l , i n c l u d i n g b u t n o t l i m i t e d t o a n y n o n - c o n t a i n e r i z e d c o m m o d i t y o r m a t e r i a l , o n o r a d j a c e n t t o R a i l w a y ' s P r o p e r t y , i n o r n e a r a n y s u r f a c e w a t e r , s w a m p , w e t l a n d s o r w a t e r w a y s , w h i l e p e r f o r m i n g a n y w o r k u n d e r t h i s A g r e e m e n t , C o n t r a c t o r m u s t i m m e d i a t e l y ; ( a ) n o t i f y t h e E x h i b i t C W e s t P o r p h y r y O v e r h e a d C o n s t r u c t i o n a n d M a i n t e n a n c e A g r e e m e n t P a g e 8 o f 1 3 Railway's Resource Operations Center at 1(800) 832-5452, of such discovery: (b) take safeguards necessary to protect its employees, subcontractors, agents and/or third parties; and (c) exercise due care with respect to the release, including the taking of any appropriate measure to minimize the impact of such release. 1.09 Personal Injury Reporting • 1.09.01 The Railway is required to report certain injuries as a part of compliance with Federal Railroad Administration (FRA) reporting requirements. Any personal injury sustained by an employee of the Contractor, subcontractor or Contractor's invitees while on the Railway's Property must be reported immediately (by phone mail if unable to contact in person) to the Railway's representative in charge of the project. The Non -Employee Personal Injury Data Collection Form contained herein is to be completed and sent by Fax to the Railway at 1(817) 352-7595 and to the Railway's Project Representative no later than the close of shift on the date of the injury. Exhibit C West Porphyry Overhead Constriction and Maintenance Agreement Page 9 of 13 B/idr.:F RA/LrvAY NON -EMPLOYEE PERSONAL INJURY DATA COLLECTION (If injuries are in connection with rail equipment accident/incident, highway rail grade crossing accident or automobile accident, ensure that appropriate information is obtained, forms completed and that data entry personnel are aware that injuries relate to that specific event.) Injured Person Type: Passenger on train IContractor/safety (c) I Non -employee (N) (i e., emp of another railroad, or, non-B1VSF emp involved in vehicle accident including company vehicles) Contractor/non-safety sensitive (G) Volunteer/safety Volunteer/other non -safety sensitive (I) cPntitivP (H) Non -trespasser (D) - to include highway users involved in highway rail grade crossing accidents who did not go around or through pates Trespasser (E) - to include highway users involved in highway rail grade crossing accidents who went around or through gates Non -trespasser (J) - Off Railway Property If train involved, Train ID: Transmit attached information to Accident/Incident Reporting Center by: Fax 1-817-352-7595 or by Phone 1-800-697-6736 Reporting.Center@BNSF.com Officer Providing Information: or email to: Accident - Exhibit C West Porphyry Overhead Construction and Maintenance Agreement Page 10 of 13 (Name) (Employee No.) (Phone #) REPORT PREPARED TO COMPLY WITH FEDERAL ACCIDENT REPORTING REQUIREMENTS AND PROTECTED FROM DISCLOSURE PURSUANT TO 49 U.S.C. 20903 AND 83 U.S.C. 490 NON -EMPLOYEE PERSONAL INJURY DATA COLLECTION INFORMATION REQUIRED TO BE COLLECTED PURSUANT TO FEDERAL REGULATION. IT SHOULD BE USED FOR COMPLIANCE WITH FEDERAL REGULATIONS ONLY AND IT IS NOT INTENDED TO PRESUME ACCEPTANCE OF RESPONSIBILITY OR LIABIITY 1. Accident City/St: 2: Date: Time:: County: 3. Temperature: 4. Weather: (if non BNSF location) Mile Post / Line Segment 5. Driver's License No. (and state) or other ID: SSN(required): 6. Name (last, first, mi): 7. Address: City: St: Zip: 8 Date of Birth: and/or Age: Gender: Exhibit C West Porphyry Overhead Construction and Maintenance Agreement Page 11 of 13 (If available) Phone Number: Employer: 9. Injury: 10. Body Part: (i.e. laceration, etc.) (i.e. Hand, etc.) 11. Description of Accident (To include location, action, result, etc.) 12. Treatment: First Aid Only Required Medical Treatment Other Medical Treatment 13. Dr. Name: Date: 14: Dr. Address: Street; City: St: Zip: 15: Hospital Name: Exhibit C West Porphyry Overhead Construction and Maintenance Agreement Page 12 of 13 16: Hospital Address: Street; City: St: Zip: 17: Diagnosis: REPORT PREPARED TO COMPLY WITH FEDERAL ACCIDENT REPORTIING REQUIREMENTS AND PROTECTED FROM DISCLOSURE PURSUANT TO 49 U.S.C. 20903 AND 83 U.S.C. 490 Exhibit C West Porphyry Overhead Constriction and Maintenance Agreement Page 13 of 13 EXHIBIT C-1 Agreement Between BNSF RAILWAY COMPANY and the CONTRACTOR BNSF RAILWAY COMPANY Attention: Manager Public Projects Railway File: B Agency Project: WEST PORPHYRY OVERHEAD, DOT No. 026522X Gentlemen: The undersigned (hereinafter called, the "Contractor"), has entered into a contract (the "Contract") dated 201_, with RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("RCTC") for the performance of certain work in connection with the following project: The SR-91 Corridor Improvement Project to extend the tolled express lanes for State Route 91 from its existing easterly end at Riverside County's westerly boundary joint with Orange County's easterly boundary to Interstate Highway I-15 involving the modification of existing West Porphyry Overhead DOT No. 026522X, providing for its partial demolition, widening, construction of express lanes, and new ramp connections to Interstate Highway I-15 and a railroad maintenance road to accommodate the SR-91 Corridor Improvement Project. Performance of such work will necessarily require Contractor to enter BNSF RAILWAY COMPANY ("Railway") right of way and property ("Railway Property"). The Contract provides that no work will be commenced within Railway Property until the Contractor employed in connection with said work for RCTC (i) executes and delivers to Railway an Agreement in the form hereof, and (ii) provides insurance of the coverage and limits specified in such Agreement and Section 3 herein. If this Agreement is executed by a party who is not the Owner, General Partner, President or Vice President of Contractor, Contractor must furnish evidence to Railway certifying that the signatory is empowered to execute this Agreement on behalf of Contractor. Accordingly, in consideration of Railway granting permission to Contractor to enter upon Railway Property and as an inducement for such entry, Contractor, effective on the date of the Contract, has agreed and does hereby agree with Railway as follows: Section 1. RELEASE OF LIABILITY AND INDEMNITY Contractor hereby waives, releases, indemnifies, defends and holds harmless Railway for all judgments, awards, claims, demands, and expenses (including attorneys' fees), for injury or death to all persons, including Railway's and Contractor's officers and employees, and for loss and damage to property belonging to any person, arising in any manner from Contractor's or any of Contractor's subcontractors' acts or omissions or any work performed on or about Railway's Exhibit C-1 WEST PORPHYRY OVERHEAD — February 26, 2014 Page 1 of 8 Property. THE LIABILITY ASSUMED BY CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DESTRUCTION, DAMAGE, DEATH, OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF RAILWAY, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE WILLFUL MISCONDUCT OR SOLE NEGLIGENCE OF RAILWAY. THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR INCLUDES ANY CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAINST RAILWAY UNDER THE FEDERAL EMPLOYEE'S LIABILITY ACT, INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY APPLIANCE ACT OR THE LOCOMOTIVE INSPECTION ACT, WHENEVER SO CLAIMED. Contractor further agrees, at its expense, in the name and on behalf of Railway, that it will adjust and settle all claims made against Railway, and will, at Railway's discretion, appear and defend any suits or actions of law or in equity brought against Railway on any claim or cause of action arising or growing out of or in any manner connected with any liability assumed by Contractor under this Agreement for which Railway is liable or is alleged to be liable. Railway will give notice to Contractor, in writing, of the receipt or dependency of such claims and thereupon Contractor must proceed to adjust and handle to a conclusion such claims, and in the event of a suit being brought against Railway, Railway may forward summons and complaint or other process in connection therewith to Contractor, and Contractor, at Railway's discretion, must defend, adjust, or settle such suits and protect, indemnify, and save harmless Railway from and against all damages, judgments, decrees, attorney's fees, costs, and expenses growing out of or resulting from or incident to any such claims or suits. In addition to any other provision of this Agreement, in the event that all or any portion of this Article shall be deemed to be inapplicable for any reason, including without limitation as a result of a decision of an applicable court, legislative enactment or regulatory order, the parties agree that this Article shall be interpreted as requiring Contractor to indemnify Railway to the fullest extent permitted by applicable law. THROUGH THIS AGREEMENT THE PARTIES EXPRESSLY INTEND FOR CONTRACTOR TO INDEMNIFY RAILWAY FOR RAILWAY'S ACTS OF NEGLIGENCE. It is mutually understood and agreed that the assumption of liabilities and indemnification provided for in this Agreement survive any termination of this Agreement. Section 2. TERM This Agreement is effective from the date of the Contract until (i) the completion of the project set forth herein, and (ii) full and complete payment to Railway of any and all sums or other amounts owing and due hereunder. Section 3. INSURANCE Contractor shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: Exhibit C-1 WEST PORPHYRY OVERHEAD — February 26, 2014 Page 2 of 8 A. Commercial General Liability insurance. This insurance shall contain broad form contractual liability with a combined single limit of a minimum of $5,000,000 each occurrence and an aggregate limit of at least $10,000,000 but in no event less than the amount otherwise carried by the Contractor. Coverage must be purchased on a post 2004 ISO occurrence form or equivalent and include coverage for, but not limit to the following: ♦ Bodily Injury and Property Damage ♦ Personal Injury and Advertising Injury ♦ Fire legal liability ♦ Products and completed operations This policy shall also contain the following endorsements, which shall be indicated on the certificate of insurance: ♦ The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. ♦ Waver of subrogation in favor of and acceptable to Railway. ♦ Additional insured endorsement in favor of and acceptable to Railway. ♦ Separation of insureds. ♦ The policy shall be primary and non-contributing with respect to any insurance carried by Railway. It is agreed that the workers' compensation and employers' liability related exclusions in the Commercial General Liability insurance policy(s) required herein are intended to apply to employees of the policy holder and shall not apply to Railway employees. No other endorsements limiting coverage as respects obligations under this Agreement may be included on the policy with regard to the work being performed under this agreement. B. Business Automobile Insurance. This insurance shall contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the following: ♦ Bodily injury and property damage ♦ Any and all vehicles owned, used or hired The policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: ♦ Waiver of subrogation in favor of and acceptable to Railway. ♦ Additional insured endorsement in favor of and acceptable to Railway. ♦ Separation of insureds. ♦ The policy shall be primary and non-contributing with respect to any insurance carried by Railway. Exhibit C-1 WEST PORPHYRY OVERHEAD — February 26, 2014 Page 3 of 8 C. Workers Compensation and Employers Liability insurance including coverage for, but not limited to: ♦ Contractor's statutory liability under the worker's compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway. ♦ Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. This policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: ♦ Waiver of subrogation in favor of and acceptable to Railway. D. Railroad Protective Liability insurance naming only the Railway as the Insured with coverage of at least $5,000,000 per occurrence and $10,000,000 in the aggregate. The policy Must be issued on a standard ISO form CG 00 35 12 04 and include the following: ♦ Endorsed to include the Pollution Exclusion Amendment ♦ Endorsed to include the Limited Seepage and Pollution Endorsement. ♦ Endorsed to remove any exclusion for punitive damages. ♦ No other endorsements restricting coverage may be added. ♦ The original policy must be provided to the Railway prior to performing any work or services under this Agreement ♦ Definition of "Physical Damage to Property" shall be endorsed to read: "means direct and accidental loss of or damage to all property owned by any named insured and all property in any named insured' care, custody, and control arising out of the acts or omissions of the contractor named on the Declarations. In lieu of providing a Railroad Protective Liability Policy, Licensee may participate (if available) in Railway's Blanket Railroad Protective Liability Insurance Policy. Other Requirements: Where allowable by law, all policies (applying to coverage listed above) shall contain no exclusion for punitive damages. Contractor agrees to waive its right of recovery against Railway for all claims and suits against Railway. In addition, its insurers, through the t-iins of the policy or policy endorsement, waive their right of subrogation against Railway for all claims and suits. Contractor further waives its right of recovery, and its insurers also waive their right of subrogation against Railway for loss of its owned or leased property or property under Contractor's care, custody, or control. above. Allocated Loss Expense shall be in addition to all policy limits for coverages referenced Exhibit C-I WEST PORPHYRY OVERHEAD — February 26, 2014 Page 4 of 8 Contractor is not allowed to self -insure without the prior written consent of Railway. If granted by Railway, self -insured retention or other financial responsibility for claims shall be covered directly by Contractor in lieu of insurance. Any and all Railway liabilities that would otherwise, in accordance with the provisions of this Agreement, be covered by Contractor's insurance will be covered as if Contractor elected not to include a deductible, self -insured retention or other financial responsibility for claims. Prior to commencing the Work, Contractor shall furnish to Railway an acceptable certificate(s) of insurance from an authorized representative evidencing the required coverage(s), endorsements, and amendments. The certificate should be directed to the following addresses: BNSF Railway Company Manager Public Projects 740 East Carnegie Drive San Bernardino, CA 92408 Phone: 909-386-4472 Fax: 909-386-4479 Melvin.Thomas@bns£com AND BNSF Railway Company c/o CertFocus P.O. Box 140528 Kansas City, MO 64114 Toll Free: 877-576-2378 Fax number: 817-840-7487 Email: BNSF@certfocus.com www.certfocus.com Contractor shall notify Railway in writing at least 30 days prior to any cancellation, non - renewal, substitution, or material alteration. Any insurance policy must be written by a reputable insurance company acceptable to Railway or with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provide. If coverage is purchased on a "claims made" basis, Contractor hereby agrees to maintain coverage in force for a minimum of three years after expiration, cancellation or termination of this contract. Annually, Contractor agrees to provide evidence of such coverage as required hereunder. Contractor represents that this Agreement has been thoroughly reviewed by Contractor's insurance agent(s)/broker(s), who have been instructed by Contractor to procure the insurance coverage required by this Agreement. Exhibit C-1 WEST PORPHYRY OVERHEAD - February 26, 2014 Page 5 of 8 Not more frequently than once every five years, Railway may reasonably modify the required insurance coverage to reflect then -current risk management practices in the railroad industry and underwriting practices in the insurance industry. If any portion of the operation is to be subcontracted by Contractor, Contractor shall require that the subcontractor shall provide and maintain the insurance coverage(s) set forth herein, naming Railway as an additional insured, and shall require that the subcontractor shall release, defend, and indemnify Railway to the same extent and under the same terms and conditions as Contractor is required to release, defend, and indemnify Railway herein. Failure to provide evidence as required by this section shall entitle, but not require, Railway to terminate this Agreement immediately. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of Contractor's obligations hereunder. The fact that insurance (including, without limitation, self-insurance) is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railway shall not be limited by the amount of the required insurance coverage. In the event of a claim or lawsuit involving Railway arising out of this agreement, Contractor will make available any required policy covering such claim or lawsuit. These insurance provisions are intended to be a separate and distinct obligation on the part of the Contractor. Therefore, these provisions shall be enforceable and Contractor shall be bound thereby regardless of whether or not indemnity provisions are determined to be enforceable in the jurisdiction in which the work covered hereunder is performed. For purposes of this section, Railway means "Burlington Northern Santa Fe LLC", "BNSF RAILWAY COMPANY" and the subsidiaries, successors, assigns and affiliates of each. Section 4. EXHIBIT C CONTRACTOR REQUIREMENTS The Contractor must observe and comply with all provisions, obligations, requirements and limitations contained in the Contract, and the Contractor Requirements set forth on Exhibit C attached to the Contract and this Agreement, , including, but not be limited to, payment of all costs incurred for any damages to Railway roadbed, tracks, and/or appurtenances thereto, resulting from use, occupancy, or presence of its employees, representatives, or agents or subcontractors on or about the construction site. Section 5. TRAIN DELAY Contractor is responsible for and hereby indemnifies and holds harmless Railway (including its affiliated railway companies, and its tenants) for, from and against all damages arising from any unscheduled delay to a freight or passenger train which affects Railway's ability to fully utilize its equipment and to meet customer service and contract obligations. Contractor will be billed, as further provided below, for the economic losses arising from loss of use of equipment, contractual loss of incentive pay and bonuses and contractual penalties resulting from Exhibit C-1 WEST PORPHYRY OVERHEAD — February 26, 2014 Page 6 of 8 train delays, whether caused by Contractor, or subcontractors, or by the Railway performing work under this Agreement. Railway agrees that it will not perform any act to unnecessarily cause train delay. For loss of use of equipment, Contractor will be billed the current freight train hour rate per train as determined from Railway's records. Any disruption to train traffic may cause delays to multiple trains at the same time for the same period. Additionally, the parties acknowledge that passenger, U.S. mail trains and certain other grain, intermodal, coal and freight trains operate under incentive/penalty contracts between Railway and its customer(s). Under these arrangements, if Railway does not meet its contract service commitments, Railway may suffer loss of performance or incentive pay and/or be subject to penalty payments. Contractor is responsible for any train performance and incentive penalties or other contractual economic losses actually incurred by Railway which are attributable to a train delay caused by Contractor or its subcontractors. The contractual relationship between Railway and its customers is proprietary and confidential. In the event of a train delay covered by this Agreement, Railway will share information relevant to any train delay to the extent consistent with Railway confidentiality obligations. Damages for train delay are currently $382.20 per hour per incident. THE RATE THEN IN EFFECT AT THE TIME OF PERFORMANCE BY THE CONTRACTOR HEREUNDER WILL BE USED TO CALCULATE THE ACTUAL COSTS OF TRAIN DELAY PURSUANT TO THIS AGREEMENT. Contractor and its subcontractors must give Railway's representative (BNSF Project Engineer, 909-386-4079) eight (8) weeks advance notice of the times and dates for proposed work windows. Railway and Contractor will establish mutually agreeable work windows for the project. Railway has the right at any time to revise or change the work windows due to train operations or service obligations. Railway will not be responsible for any additional costs or expenses resulting from a change in work windows. Additional costs or expenses resulting from a change in work windows shall be accounted for in Contractor's expenses for the project. Contractor and subcontractors must plan, schedule, coordinate and conduct all Contractor's work so as to not cause any delays to any trains. Exhibit C-1 WEST PORPHYRY OVERHEAD — February 26, 2014 Page 7 of 8 Kindly acknowledge receipt of this letter by signing and returning to the Railway two original copies of this letter, which, upon execution by Railway, will constitute an Agreement between us. Contractor BNSF Railway Company By: By: Printed Name: Title: Contact Person: Address: City: State: Zip: Fax: Phone: E-mail: Name: Manager Public Projects Accepted and effective this day of 20. Exhibit C-1 WEST PORPHYRY OVERHEAD — February 26, 2014 Page 8 of 8 PLAN ITEM 406283004 406283005 406283006 406283007 Total: 406283009 406283008 Total 406283000 406283001 406283002 406283003 Total EXHIBIT D RECAPITULATION BNSF COST ESTIMATE for the "SR-91 Corridor Improvement Project" East Porphyry - DOT No. 026595H West Porphyry - DOT No. 026522X East Prado - DOT No. 026532D West Prado - DOT No. 026533K DESCRIPTION OF WORK Inspector/Coordinator Inspector/Coordinator Inspector/Coordinator Inspector/Coordinator Structual and Other Submittal Reviews Structual and Other Submittal Reviews Flagging Flagging Flagging Flagging BUDGET YEAR 2014 $ 2015 2016 2017 AMOUNT 151,500.00 $ 252,500.00 $ 202,000.00 $ 30,300.00 $ 636,300.00 2014 $ 80,800.00 2015 $ 80,800.00 $ 161,600.00 2014 2015 2016 2017 $ 421,733.00 $ 1,827,523.00 $ 527,171.00 $ 42,172.00 $ 2,818,599.00 Grand Total $ 3,616,499.00 MAINTAIN PROPRIETARY CONFIDENTIALITY BNSF RAILWAY COMPANY FHPM ESTIMATE FOR RIVERSIDE COUNTY LOCATION EAST PORPHYRY TO PRADO DAM DETAILS OF ESTIMATE PLAN ITEM : 406283004 VERSION • 1 PURPOSE, JUSTIFICATION AND DESCRIPTION '*BUY AMERICA PROVISIONS APPLY - INSP SC DI V SAN BERNARDINO SUB LS 7602 MP 22.5 - 30.5 -91 FREEWAY WIDENING - INSPECTOR COORDINATOR 2014-100°/ BILLABLE TO RIVERSIDE COUNTY TRANSPORTATION COMMISSION S150,000INSPECTOR i COORDINATOR 91 FREEWAY WIDENING AT 4 LOCATIONS: E PORPHYRY MP 22.9, W PORPHYRY MP 23.4, E PRADO MP 27.9, AND W PRADO MP 29.5 BILLING INFO: MICHAEL BLOMQUIST - TOLL PROGRAM DIRECTOR - RIVERSIDE COUNTY TRANSPORTATION COMMISSION - 480 LEMON STREET 3RD FLOOR - RIVERSIDE, CA 92502-220R REQUESTED BY: GREG ROUSSEAU DESCRIPTION QUANTITY UN COST TOTAL S LABOR TOTAL LABOR COST MATERIAL TOTAL MATERIAL COST OTHER INSPECTOR; COORDINATOR TOTAL OTHER ITEMS COST PROJECT SUBTOTAL CONTINGENCIES BILL PREPARATION FEE GROSS PROJECT COST LESS COST PAID BY BNSF 1.0 LS 150,000 150,000 150,000 150.000 0 1,500 151,500 0 TOTAL BILLABLE COST 151,500 Page 5 of 20 " " " " " M A I N T A I N P R O P R I E T A R Y C O N F I D E N T I A L I T Y " " " i " B N S F R A I L W A Y C O M P A N Y F H P M E S T I M A T E F O R R I V E R S I D E C O U N T Y L O C A T I O N E A S T P O R P H Y R Y T O P R A D O D A M D E T A I L S O F E S T I M A T E P L A N I T E M : 4 0 6 2 8 3 0 0 5 V E R S I O N : I P U R P O S E , J U S T I F I C A T I O N A N D D E S C R I P T I O N " B U Y A M E R I C A P R O V I S I O N S A P P L Y - I N S P S C D I V S A N B E R N A R D I N O S U B L S 7 6 0 2 M P 2 2 . 5 - 3 0 . 5 - 9 1 F R E E W A Y W I D E N I N G - I N S P E C T O R t C O O R D I N A T O R 2 0 1 5 - 1 0 0 % B I L L A B L E T O R I V E R S I D E C O U N T Y T R A N S P O R T A T I O N C O M M I S S I O N S 2 5 0 , 0 0 0 I N S P E C T O R : C O O R D I N A T O R 9 1 F R E E W A Y W I D E N I N G A T 4 L O C A T I O N S : E P O R P H Y R Y M P 2 2 . 9 , W P O R P H Y R Y M P 2 3 . 4 , E P R A D O M P 2 7 . 9 , A N D W P R A D O M P 2 9 . 5 B I L L I N G I N F O : M I C H A E L B L O M Q U I S T - T O L L P R O G R A M D I R E C T O R - R I V E R S I D E C O U N T Y T R A N S P O R T A T I O N C O M M I S S I O N - 4 8 0 L E M O N S T R E E T 3 R D F L O O R - R I V E R S I D E , C A 9 2 5 0 2 - 2 2 0 8 R E Q U E S T E D B Y : G R E G R O U S S E A U D E S C R I P T I O N Q U A N T I T Y W M C O S T T O T A L S f&. . . . . . . i . L A B O R T O T A L L A B O R C O S T i . . . . i f&i i > > . t M A T E R I A L T O T A L M A T E R I A L C O S T O T H E R I N S P E C T O R C O O R D I N A T O R T O T A L O T H E R I T E M S C O S T P R O J E C T S U B T O T A L C O N T I N G E N C I E S B I L L P R E P A R A T I O N F E E G R O S S P R O J E C T C O S T L E S S C O S T P A I D B Y B N S F 1 . 0 L S 2 5 0 , 0 0 0 2 5 0 , 0 0 0 2 5 0 , 0 0 0 2 5 0 , 0 0 0 0 2 , 5 0 0 2 5 2 , 5 0 0 0 T O T A L B I L L A B L E C O S T 2 5 2 , 5 0 0 P a g e 1 1 o f 2 0 **••• MAINTAIN PROPRIETARY CONFIDENTIALITY BNSF RAILWAY COMPANY FHPM ESTIMATE FOR RIVERSIDE COUNTY LOCATION EAST PORPHYRY TO PRADO DAM DETAILS OF ESTIMATE PLAN ITEM : 406283006 VERSION : 1 PURPOSE, JUSTIFICATION AND DESCRIPTION '•BUY AMERICA PROVISIONS APPLY - INSP SC DIV SAN BERNARDINO SUB LS 7602 MP 22.5 - 30.5 - 91 FREEWAY WIDENING - INSPECTOR r COORDINATOR 2016 - 100 % BILLABLE TO RIVERSIDE COUNTY TRANSPORTATION COMMISSION S200,000 INSPECTOR COORDINATOR 91 FREEWAY WIDENING AT 4 LOCATION'S: E PORPHYRY MP 22.9, W PORPHYRY MP 23.4, E PRADO MP 27.9, AND W PR.ADO MP 29.5 BILLING INFO: MICHAEL BLOMQUIST - TOLL PROGRAM DIRECTOR - RIVERSIDE COUNTY TRANSPORTATION COMMISSION - 480 LEMON STREET 3RD FLOOR - RIVERSIDE, CA 92502-2208 REQUESTED BY: GREG ROUSSEAU DESCRIPTION QUANTITY U1M COST TOTAL S LABOR TOTAL LABOR COST 0 0 MATERIAL TOTAL MATERIAL COST 0 0 OTHER INSPECTOR: COORDINATOR IA LS 200,000 TOTAL OTHER ITEMS COST 200,000 200,000 PROJECT SUBTOTAL 200,000 CONTINGENCIES 0 BILL PREPARATION FEE 2,000 GROSS PROJECT COST 202,000 LESS COST PAID BY BNSF 0 TOTAL BILLABLE COST 202,000 Page 17 of 20 MAINTAIN PROPRIETARY CONFIDENTIALITY BNSF RAILWAY COMPANY FHPM ESTIMATE• FOR RIVERSIDE COUNTY LOCATION EAST PORPHYRY TO PRADO DAM DETAILS OF ESTIMATE PLAN ITEM : 406283007 VERSION: I PURPOSE, JUSTIFICATION AND DESCRIPTION "'BUY AMERICA PROVISIONS APPLY - INSP SC DIV SAN BERNARDINO SUB LS 7602 MP 22.5 - 30.5 -91 FREEWAY WIDENING - INSPECTOR! COORDINATOR 2017 - 100 o BILLABLE: TO RIVERSIDE COUNTY TRANSPORTATION COMMISSION S30,000 INSPECTOR / COORDINATOR 91 FREEWAY WIDENING AT 4 LOCATIONS: E PORPHYRY MP 22.9, W PORPHYRY MP 23.4, E PRADO MP 27.9. AND W PRADO MP 29.5 BILLING INFO: MICHAEL BLOMQUIST - TOLL PROGRAM DIRECTOR - RIVERSIDE COUNTY TRANSPORTATION COMMISSION - 480 LEMON STREET 3RD FLOOR - RIVERSIDE, CA 92502-2208 REQUESTED BY: GREG ROUSSEAU DESCRIPTION QUANTITY U/M COST TOTAL S LABOR TOTAL LABOR COST . s.srs....r.. MATERIAL TOTAL MATERIAL COST OTHER ssrr.w.www INSPECTOR i COORDINATOR 1.0 LS 30,000 TOTAL OTHER ITEMS COST 30,000 30,000 PROJECT SUBTOTAL 30,000 CONTINGENCIES 0 BILL PREPARATION FEE 300 GROSS PROJECT COST 30,300 LESS COST PAID BY BNSF 0 TOTAL BILLABLE COST 30,300 Page 20 of 20 MAINTAIN PROPRIETARY CONFIDENTIALITY "••"• ANSE RAILWAY COMPANY FHPM ESTIMATE FOR RIVERSIDE COUNTY LOCATION EAST PORPHYRY TO PRADO DAM DETAILS OF ESTIMATE PLAN ITEM : 406283009 VERSION : 1 PURPOSE, JUSTIFICATION AND DESCRIPTION ••BUY AMERICA PROVISIONS APPLY - INSP SC DIV SAN BERNARDINO SUB LS 7602 MP 22.5 - 30.5 - 91 FREEWAY WIDENING - STRUCTURAL AND OTHER SUBMITTAL REVIEWS 2014- 100%BILLABLE TO RIVERSIDE COUNTY TRANSPORTATION COMMISSION S80,000 INSPECTOR . COORDINATOR 91 FREEWAY WIDENING AT 4 LOCATIONS: E PORPHYRY MP 22.9, W PORPHYRY MP 23.4, E PRADO MP 27.9, AND \V PRADO MP 29.5 BILLING INFO: MICHAEL BLOMQUIST-TOLL PROGRAM DIRECTOR - RIVERSIDE COUNTY TRANSPORTATION COMMISSION -480 LEMON STREET 3RD FLOOR - RIVERSIDE, CA 92502-2208 REQUESTED BY: GREG ROUSSEAU DESCRIPTION QUANTITY U/M COST TOTAL S LABOR TOTAL LABOR COST MATERIAL TOTAL MATERIAL COST OTHER 0 0 rrr•"".rrr INSPECTOR/COORDINATOR 1.0 LS 80,000 TOTAL OTHER ITEMS COST 80,000 80,000 PROJECT SUBTOTAL 80,000 CONTINGENCIES 0 BILL PREPARATION FEE 800 GROSS PROJECT COST 80,800 LESS COST PAID BY BNSF 0 TOTAL BILLABLE COST 80,800 Page 8 of 20 MAINTAIN PROPRIETARY CONFIDENTIALITY •"** BNSF RAILWAY COMPANY FIIPM ESTIMATE FOR RIVERSIDE COUNTY LOCATION EAST PORPHYRY TO PRADO DAM DETAILS OF ESTIMATE PLAN ITEM: 406283008 VERSION: I PURPOSE, JUSTIFICATION AND DESCRIPTION **BUY AMERICA PROVISIONS APPLY - INSP SC DIV SAN BERNARDINO SUB LS 7602 MP 22.5 - 30.5 - 91 FREEWAY WIDENING - STRUCTURAL AND OTHER SUBMITTAL REVIEWS 2015 - 100% BILLABLE TO RIVERSIDE COUNTY TRANSPORTATION COMMISSION S80,000 INSPECTOR? COORDINATOR 91 FREEWAY WIDENING AT 4 LOCATIONS: E PORPHYRY MP 22.9, W PORPHYRY MP 23.4, E PRADO MP 27.9, AND W PRADO MP 29.5 BILLING INFO: MICHAEL BLOMQUIST - TOLL PROGRAM DIRECTOR - RIVERSIDE COUNTY TRANSPORTATION COMMISSION - 480 LEMON STREET 3RD FLOOR - RIVERSIDE, CA 92502-2208 REQUESTED BY:GREG ROUSSEAU DESCRIPTION QUANTITY UM COST TOTALS *rr*s*r*** LABOR TOTAL LABOR COST ********rr•:r MATERIAL TOTAL, MATERIAL COST OTHER INSPECTOR COORDINATOR 1.0 LS 80,000 TOTAL OTHER ITEMS COST 80,000 80,000 PROJECT SUBTOTAI. 80,000 CONTINGENCIES 0 BILL PREPARATION FEE 800 GROSS PROJECT COST 80,800 LESS COST PAID BY BNSF 0 TOTAL BILLABLE COST 80,800 Page 14 of 20 ***** MAINTAIN PROPRIETARY CONFIDENTIALITY BNSF RAILWAY COMPANY FtiPM ESTIMATE FOR RIVERSIDE COUNTY LOCATION EAST PORPHYRY TO PRADO DA141 DE -TAILS OF ESTIMATE PLAN ITEM : 406283000 VERSION : I PURPOSE, JUSTIFICATION AND DESCRIPTION **BUY AMERICA PROVISIONS APPLY - FLG SC DIV SAN BERNARDINO SUB LS 7602 MP 22.5 - 30.5 - 91 FREEWAY WIDENING - FLAGGING 2014 - DOT IPS 02659511, 026522X, 026532D, AND 026533K - I00% BILLABLE 'TO RIVERSIDE COUNTY TRANSPORTATION COMMISSION FLAGGING FOR 91 FREEWAY WIDENING AT 4 LOCATIONS: E PORPHYRY MP 22.9, W PORPHYRY MP 23.4, E PRADO MP 27.9, AND W PRADO MP 29.5 BILLING INFO: MICHAEL BLOMQUIST - TOLL PROGRAM DIRECTOR - RIVERSIDE COUNTY TRANSPORTATION COMMISSION -480 LEMON STREET 3RD FLOOR - RIVERSIDE, CA 92502-2208 REQUESTED BY:GREG ROUSSEAU DESCRIPTION QUANTITY UN COST TOTAL S LABOR ♦ffffif fff FLAGGING - OTHER R.O.W: CAP PAYROLL ASSOCIATED COSTS DA OVERHEADS EQUIPMENT EXPENSES INSURANCE EXPENSES MATERIAL OTHER 5100.0 MH 122,298 80,679 121,882 34,206 20.533 TOTAL. LABOR COST 379,598 379598 TOTAL MATERIAL COST 0 0 TOTAL OTHER ITEMS COST 0 0 PROJECT SUBTOTAL 379,598 CONTINGENCIES 37,959 BILL PREPARATION FEE 4,176 GROSS PROJECT COST 421,733 LESS COST PAID BY BNSF 0 TOTAL BILLABLE COST 421,733 Page 5 of 14 " " " M A I N T A I N P R O P R I E T A R Y C O N F I D E N T I A L I T Y " B N S F R A I L W A Y C O M P A N Y F H P M E S T I M A T E F O R R I V E R S I D E C O U N T Y L O C A T I O N E A S T P O R P H Y R Y T O P R A D O D A M D E T A I L S O F E S T I M A T E P L A N I T E M 4 0 6 2 8 3 0 0 1 V E R S I O N : 1 P U R P O S E , J U S T I F I C A T I O N A N D D E S C R I P T I O N " B U Y A M E R I C A P R O V I S I O N S A P P L Y - F L G S C D I V S A N B E R N A R D I N O S U B L S 7 6 0 2 M P 2 2 . 5 - 3 0 . 5 - 9 1 F R E E W A Y W I D E N I N G - F L A G G I N G 2 0 1 5 - D O T I ' S 0 2 6 5 9 5 H , 0 2 6 5 2 2 X , 0 2 6 5 3 2 D , A N D 0 2 6 5 3 3 K - 1 0 0 % B I L L A B L E T O R I V E R S I D E C O U N T Y T R A N S P O R T A T I O N C O M M I S S I O N F L A G G I N G F O R 9 1 F R E E W A Y W I D E N I N G A T 4 L O C A T I O N S : E P O R P H Y R Y M P 2 2 . 9 , W P O R P H Y R Y M P 2 3 . 4 , E P R A D O M P 2 7 . 9 , A N D W P R A D O M P 2 9 . 5 B I L L I N G I N F O : M I C H A E L B L O M Q U I S T - T O L L P R O G R A M D I R E C T O R - R I V E R S I D E C O U N T Y T R A N S P O R T A T I O N C O M M I S S I O N - 4 8 0 L E M O N S T R E E T 3 R D F L O O R - R I V E R S I D E . C A 9 2 5 0 2 . 2 2 0 8 R E Q U E S T E D B Y : G R E G R O U S S E A U D E S C R I P T I O N Q U A N T I T Y U ! M C O S T T O T A L 5 L A B O R F L A G G I N G - O T H E R R . O . W . - C A P P A Y R O L L A S S O C I A T E D C O S T S D A O V E R H E A D S E Q U I P M E N T E X P E N S E S . I N S U R A N C E E X P E N S E S M A T E R I A L O T H E R 2 2 1 0 0 . 0 M H 5 2 9 , 9 5 8 3 4 9 , 6 1 3 5 2 8 , 1 5 6 1 4 8 , 2 2 9 8 8 , 9 7 9 T O T A L L A B O R C O S T 1 , 6 4 4 , 9 3 5 1 , 6 4 4 , 9 3 5 T O T A L M A T E R I A L C O S T 0 0 T O T A L O T H E R I T E M S C O S T 0 0 P R O J E C T S U B T O T A L 1 , 6 4 4 , 9 3 5 C O N T I N G E N C I E S 1 6 4 , 4 9 3 B I L L P R E P A R A T I O N F E E 1 8 , 0 9 5 G R O S S P R O J E C T C O S T L E S S C O S T P A I D B Y B N S F 1 , 8 2 7 , 5 2 3 0 T O T A L B I L L A B L E C O S T 1 , 8 2 2 7 , 5 2 3 P a g e 8 o f 1 4 . MAINTAIN PROPRIETARY CONFIDENTIALITY •"" BNSF RAILWAY COMPANY FIIPM ESTIMATE FOR RIVERSIDE COUNTY LOCATION EAST PORPHYRY TO PRADO DAM DETAILS OF ESTIMATE PLAN ITEM : 4062830(13 VERSION : 1 PURPOSE, JUSTIFICATION AND DESCRIPTION '"BUY AMERICA PROVISIONS APPLY - FLG SC DIV SAN BERNARDINO SUB 1 S 7602 MP 22.5 - 30.5 -91 FREEWAY WIDENING - FLAGGING 2017 - DOT WS 0265951-1, 026522X, 026532D, AND 026533K - 100% BILLABLE TO RIVERSIDE COUNTY TRANSPORTATION COMMISSION FLAGGING FOR 91 FREEWAY WIDENING AT 4 LOCATIONS: E PORPHYRY MP 22.9, W PORPHYRY MP 23.4, E PRADO MP 27.9, AND W PRADO MP 29.5 BILLING INFO: MICHAEL BLOMQUIST -TOLL PROGRAM DIRECTOR - RIVERSIDE COUNTY TRANSPOR'FAT1ON COMMISSION - 480 LEMON STREET 3RD FLOOR - RIVERSIDE. CA 92502-2208 REQUESTED BY:GREG ROUSSEAU DESCRIPTION QUANTITY UJM COST TOTAL S LABOR FLAGGING - OTHER R.O.W. CAP PAYROLL ASSOCIATED COSTS DA OVERHEADS EQUIPMENT EXPENSES INSURANCE EXPENSES MATERIAL .......«.s«.. OTHER 510.0 MH 12,230 8,068 12,188 3,420 2,053 TOTAL LABOR COST 37,959 37,959 TOTAL MATERIAL COST 0 0 TOTAL, OTHER ITEMS COST 0 0 PROJECT SUBTOTAL 37,959 CONTINGENCIES 3,795 BILL PREPARATION FEE 418 GROSS PROJECT COST 42,172 LESS COST PAID BY BNSF 0 TOTAL BILLABLE COST 42.172 Page 14 of 14 MAINTAIN PROPRIETARY CONFIDENTIALITY *"*"* 13NSF RAILWAY COMPANY FHPM ESTIMATE FOR RIVERSIDE COUNTY LOCH PION EAST PORPHYRY TO PRADO DAM DETAILS OF ESTIMATE. PLAN ITEM _ 406283002 VERSION: I PURPOSE, JUSTIFICATION AND DESCRIPTION '*BUY AMERICA PROVISIONS APPLY - FUG SC DIV SAN BERNARDINO SUB LS 7602 VIP 22.5- 30,5-91 FREEWAY WIDENING- FLAGGING 2016 - our "'B 02659511, 026522X, 0265321), AND 026533K - 100% BILLABLE TO RIVERSIDE COUNTY TRANSPORTATION COMMISSION FLAGGING FOR 91 FREEWAY WIDENING AT LOCATIONS: E PORPHYRY MP 22,9, W PORPHYRY MP 23.4. E PRADO MP 27. 9, AND \V PRADO MP 29.5 BILLING INFO: MICIIAEL BLOMQUIST - TOLL PROGRAM DIRECTOR - RIVERSIDE COUNTY TRANSPORTATION COMMISSION • 480 LEMON STREET 3RD FLOOR - RIVERSIDE, CA 92502-2208 REQUESTED BY: GREG ROUSSEAU DESCRIPTION QUANTIFY UM COST TOTAL S LABOR FLAGGING - OTHER RUM.- CAP PAYROLL. ASSOCIATED COSTS DA OVERHEADS EQUIPMENT EXPENSES INSURANCE. EXPENSES M.ATERI.AL. Olt OTHER 6375.0 MII 152,873 100,850 152.353 42,758 25,667 MIA1, LABOR COST 474,501 474,501 TOTAL MA TERI At, COST 0 C TOTAL OTHER ITEMS COST 0 0 PROJECT SUBTOTAL 474,501 CONTINGENCIES 47.450 BILL PREPARATION FEE 5,220 GROSS PROJECT COST LESS COST PAID BY 13NSF 527,171 0 TOTAL BILLABLE COST 527,171 Page 11 of 14 Exhibit E RA/LWAY Date: Michael Blomquist Toll Program Director RIVERSIDE COUNTY TRANSPORTATION COMMISSION 480 Lemon Street, 3rd. Floor Riverside, CA. 92502-2208 Melvin Thomas Manager Public Projects BNSF Railway Company 740 East Carnegie Drive San Bernardino, CA 92408 (909) 386-4472 (office) (909) 831-8199 (cell) (909) 386-4479 (fax) Melvin.ThomasCa�bnsf.com Re: Final Approval of Plans and Specifications dated by (consultant) (hereinafter called, the "Plans and Specifications") Dear Mr. Blomquist: This letter serves as BNSF RAILWAY COMPANY'S ("BNSF") final written approval of that portion of the Plans and Specifications covering the Project's concept for the modification of the West Porphyry Overhead (DOT No. 026522X) providing for its partial demolition, widening, construction of express lanes, and new ramp connections to Interstate Highway 1-15 to accommodate the SR-91 Corridor Improvement Project that will be constructed on or adjacent to BNSF's Rail Corridor. This final written approval is given to RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("RCTC") pursuant to Article III, Section 1 of that certain Construction and Maintenance Agreement between BNSF, STATE OF CALIFORNIA, and RCTC, which this Exhibit E is attached to and made a part thereof. If the Plans and Specifications are revised by RCTC subsequent to the date set forth above, this letter shall no longer serve as final written approval of the Plans and Specifications and RCTC must resubmit said Plans and Specifications to BNSF for final written approval. It is understood that the approvals contained in this letter do not cover, the approvals of plans and specifications for any falsework, shoring, and demolition that may be subsequently submitted to BNSF by RCTC or its contractor for approval. BNSF has not reviewed the design details or calculations for structural integrity or engineering accuracy. BNSF accepts no responsibility for errors or omissions in the design of the project. Respectfully, Melvin Thomas Manager Public Projects BNSF Railway Exhibit F BNSF Bridge Requirements BRIDGE DESIGN, PLANS & SPECIFICATIONS: Except for the design of temporary falsework and shoring, BNSF review of the Structure plans will be limited to the vertical and horizontal clearances, sight distance for existing train signals, foundation dimensions and drainage characteristics as they relate to existing and future tracks. BNSF will not review structural design calculations for the permanent Structure unless a member or members are influenced by railroad live loads. Temporary falsework and shoring plans and calculations must be reviewed and approved by BNSF prior to beginning construction. RCTC shall perform an independent review of the design calculations for temporary falsework and shoring prior to submitting them to BNSF for approval. Temporary construction clearances must be no less than 15 feet measured horizontally from the centerline of the nearest track and 21 feet-6inches measured vertically from the top of rail of the most elevated track to the bottom of lowest temporary falsework member. State regulatory agencies may have more restrictive requirements for temporary railroad clearances. For the permanent Structure, RCTC will submit plans showing the least horizontal distance from the centerline of existing and future tracks to the face of the nearest member of the proposed Structure. The location of the least horizontal distance must be accurately described such that BNSF can determine where it will occur in both the horizontal and vertical plane. . For the permanent Structure, RCTC will submit plans showing the least vertical clearance from top of paving to bottom the deck of the proposed Structure. Prior to beginning construction of the permanent Structure, the top of rail elevations should be checked and verified that they have not changed from the assumed elevations utilized for the design of the bridge. The general policy of the Burlington Northern and Santa Fe (BNSF) with regard to bridge and related crash wall construction is to follow the current recommendations of the American Railway Engineering and Maintenance -of -Way Association (AREMA) Current AREMA recommended practice in Manual for Railway Engineering Chapter 8 (Art. 2.1.5.1). RCTC shall require its Contractor to submit specifications for the Structure to BNSF for review and approval. Prior to issuing any invitation to bid on construction of the Structure, RCTC should conduct a pre -bid meeting where prospective Contractors have the opportunity to communicate with BNSF personnel regarding site specific train speeds, train density, and general safety requirements for men and equipment working near live tracks. BRIDGE CONSTRUCTION: Prior to the Contractor entering BNSF's railroad corridor or property, to begin construction of the Project RCTC shall conduct a pre -construction meeting with BNSF personnel in attendance to reiterate the safety requirements of construction activity adjacent to live tracks. During construction, BNSF may require an independent engineering inspector to be present during certain critical activities of the Project, including but not limited to: driving foundation piles, erecting falsework, construction of shoring and retaining walls, placing concrete, placing soil backfill and compaction processes. RCTC shall reimburse BNSF for all costs of supplemental inspection services. Within 90 days of the conclusion of the Project and final acceptance by BNSF and, RCTC will provide BNSF with a complete electronic set of the bridge plans. BNSF will also accept a marked up paper copy of the bridge plans labeled "As Built". The marked up paper copy of the plans will reflect any and all deviations from the original plans that occurred during construction. The electronic set of the bridge plans will be submitted in Micro Station *.dgn Form 0105 Rev. 4/07/08 Page 1 of 2 West Porphyry Overhead, Corona, CA. electronic format (preferred) or AutoCAD *.dwg format. Electronic plans are to be submitted in the original format used for CAD plan preparation and not converted to another format prior to submission. The "As Built" plans shall show actual measured "as constructed" clearances shall be shown as well as depth, size and location of all foundation components. The plans shall show dimensioned locations of existing and relocated utilities. It is understood that BNSF prefers to receive the "As Built" plans in an electronic format. BRIDGE MAINTENANCE: CITY will be responsible for maintenance and repair of the Structure including the earth retention components, embankment slopes, erosion control, surface drainage, fencing, deck drains, landscaping, paint, walkways, handrails, lighting, and other improvements associated with the Project. Fencing and other pedestrian access controls within BNSF's rail corridor and incorporated into the Project shall be designed and maintained by RCTC through construction. Trespasser control shall be the responsibility of RCTC through construction. Graffiti removal will be the responsibility of CITY. BRIDGE INSPECTION: CITY will conduct annual routine structural inspections. In the event of an earthquake, fire, flood, damage from vehicular impacts or other emergent situations, CITY will provide an immediate inspection by qualified personnel and notify BNSF of damage that may affect safe passage of trains. If necessary CITY will embargo weights or provide lane closures or other such measures to protect the structural integrity of the Structure such that there can be continuous safe passage of trains until repairs are made. BRIDGE ALTERATIONS: Except as provided otherwise by this Agreement, there will be no alterations made to the Structure that will alter the railroad vertical or horizontal clearances provided by the original design. It is expressly understood by RCTC and CITY that the right to install utilities is restricted to the placement of underground utilities beneath BNSF's tracks located a minimum of fifty (50) feet from abutments, piers, piles, or footings with the exception that upon BNSF's prior approval BNSF will permit selected utilities to be installed closer to the abutments, piers, piles, footings and/or run through the deck of the Structure. Under no circumstances will utilities be allowed to hang from the Structure. All utility crossings within the limits of BNSF's Rail Corridor will be covered by separate agreements between BNSF and each of the owners of the utilities. Page 2 of 2 West Porphyry, Corona, CA. Form 0105 Rev. 4/14/05 EXHIBIT G INSTRUCTIONS FOR PREPARATION OF DEMOLITION PLANS FOR STRUCTURES OVER THE BURLINGTON NORTHERN SANTA FE RAILROAD SECTION I. GENERAL A. The Conctractor will abide by and adhere to the requirements of the Exhibit C. Should there be a discrepancy between the requirements contained in the Exhibit C and this Exhibit G, the Exhibit C will govern. B. The Contractor's work shall in no way impede train operations. 1. The term "Overhead" refers to the structure to be demolished. 2. The words "demolition" and "removal" will be used interchangeably in this Exhibit G. 3. The term "Railroad" refers to the Railroad's Engineer or designated representative. C. Safety takes precedence over productivity. The Contractor shall be responsible for planning and executing all procedures necessary to remove the Overhead in a safe, predictable manner. All employees of the Contractor and Subcontractors must be Safety Trained. Refer to http:// www.BNSFContractor.com. D. The Contractor shall develop a Demolition Plan ONLY AFTER CONSULTING WITH THE RAILROAD TO GET AN ESTIMATE OF THE RANGE OF WORK WINDOWS THAT MIGHT NORMALLY BE AVAILABLE FOR THE JOB SITE. 1. A Work Window is the elapsed time between approaching trains. 2. An estimate of the availability of Work Windows can be used by the Contractor to design a Demolition Plan. The estimated Work Window is a guideline and not to be considered as a guarantee for available working time. 3. Work Windows will vary significantly, depending on the location. Low speed - low train density tracks have predictable Work Windows. The opposite is true for high density- high speed main tracks. The Railroad shall, at its sole discretion, furnish a range of Work Windows that might be expected at a specific location under normal train traffic conditions. 4. The Contractor shall plan the demolition procedures based upon the smallest ESTIMATED Work Window. Do not assume the longest Work Window will be available on any given day. Do not assume the same Work Windows will be available from one day to the next. 5. The Contractor will give BNSF's Project Engineer at telephone number 909-386-4079, eight (8) weeks advance notice of the proposed times and dates for Work Windows. BNSF and the contractor will establish mutually agreeable Work Windows for the Project. Any request for Work Windows with less than eight (8) weeks advance notice will have a reduced probability of approval. BNSF has the right at any time to revise or change the Work Windows, due to train operations or service obligations. BNSF will not be responsible for any additional costs and expenses resulting from a change in Work Windows. Additional costs and expenses resulting from a change in Work Windows shall be accounted for in the contractor's expenses for the Project. E. The Railroad's tracks and property shall be protected at all times. 1. Removal procedures shall take into account SEVERE WEATHER CONDITIONS, including high winds, heavy rains and snowfall accumulation. Page 1 of 12 Exhibit G Demolition Guidelines Nov.22, 2007 2. The contractor shall ensure that all areas adjacent to active tracks shall remain free from hazards. a) Trainmen must have an unobstructed walkway available parallel to all active tracks pursuant to the California Public Utilities Commission General Order 118. b) All open excavations shall be protected with fencing. c) Do not store materials or equipment within 25 feet of the centerline of an active track. 3. Protect the project area from vandalism. a) Do not leave debris where vandals could place it on the tracks or drop it onto the tracks from the Overhead. b) Secure all heavy equipment from potential movement by vandals. c) Do not store flammable materials on railroad right of way. Remove combustible waste materials daily. Do not store fuel or other flammable liquids on railroad right of way. F. All demolition materials and scrap shall be disposed of outside the Railroad right-of-way at no expense to the Railroad. At the conclusion of the project, the area must be left in a clean and graded condition to the exclusive satisfaction of the Railroad. G. No work is allowed within 25 feet of the nearest track unless protected by a Railroad Flagger. Refer to Exhibit C Section 1.05, Protection of Railway Facilities and Railway Flagger Services for additional flagging requirements. H. The staged demolition of any portion of the Overhead over or adjacent to operational tracks will not jeopardize the stability of other parts of the Overhead awaiting demolition. 1. Where multiple tracks are involved, the Demolition Plan should be engineered as much as practical such that no more than one track is rendered impassable at any given moment. I. No blasting will be permitted on Railroad's right-of-way. SECTION II. DEMOLITION PLAN A. The Contractor shall submit a detailed Demolition Plan to the Railroad. The Demolition Plan shall encompass the following: 1. Provide a scale drawing showing the plan view, elevation and location of the Overhead and locations of any access roads needed on railroad right of way to access the job site. The as -built drawings may be used for the submittal provided the removal steps are clearly marked and legible. 2. Indicate the position of all railroad tracks below the bridge. Identify each track as mainline, siding, spur, etc. Identify locations where temporary crossings will be installed to cross equipment over each track. 3. List in sequential order, all procedures necessary to remove the bridge in a safe and controlled manner. Include step by step details of each sequence and the elapsed time required to execute the sequence. The Demolition Plan must specify which, if any, sequences will render a track impassable to trains during execution of the sequence. If more than one track is adjacent to the work area, specify which tracks will be impassable during execution of each sequence. 4. Include text, drawings or photos to communicate the types of equipment that will be utilized. Include diagrams showing the position of the equipment in relation to the tracks. Where cranes are to be used, furnish the lifting capacities of the crane at the anticipated radius and the weights of components to be removed. Page 2 of 12 Exhibit G Demolition Guidelines Nov.22, 2007 5. For every sequence, specify the minimum horizontal clearance from centerline of track and the minimum vertical clearance above top of rail for equipment, falsework, rubble shields and temporary supports. If a crane is to be utilized, include clearances for the backswing radius of the crane counterweight and the position of the outriggers. Refer to the Frame Protection Details drawings, three sheets, attached hereto and made a part hereof, for the minimum allowable vertical and horizontal clearances. 6. If the Demolition Plan includes concrete demolition, include the details of rubble control such as maximum anticipated size of rubble, drop distance, shield size and shield position. 7. The Demolition Plan will indicate locations and types of temporary supports, shoring, cables or bracing required. a) Excavations and shoring design shall be according to the attached "GENERAL SHORING REQUIREMENTS" drawings, two pages, attached hereto and made a part hereof. b) Fassework shall be designed according to the State of California, Department of Transportation FALSEWORK MANUAL available at this Web Site: http://www.dot.ca.gov/hq/esc construction/manuals/OSCCompleteManuals/FalseworkManual(Rev32).pdf. c) Plans shall conform to the appropriate Federal, State and local regulations and building codes. 8. If any temporary supports interfere with the natural drainage along the Railroad right-of-way, a temporary drainage diversion plan shall be included in the Demolition Plan. The drainage plan shall route all surface water away from the railroad tracks. a) Do not block drainage in side ditches with debris. b) Do not place footing blocks in drainage ditches. c) Surface runoff must be diverted away from the footing block excavations to avoid saturation of the underlying supporting soils. 9. The Demolition Plan shall include details, limits, and locations of protective shields or other measures designed to protect the rails, ties and ballast from falling debris. Include details of catchment apparatus necessary to protect the tracks from rolling debris that may fall onto side slopes. Include the design load for the shields for both the maximum static load and the maximum anticipated impact loads from falling debris. Specify the type of equipment that will be utilized to remove the debris and shields from operational tracks. 10. Protection of the track ballast section must be provided to avoid contamination of the rock with fine dust and mud produced during demolition activities. Filter fabric or some other effective means to prevent ballast contamination should be incorporated into the Demolition Plan. 11. All overhead and underground utilities in the area affected by removal of the bridge shall be located on the drawings, including any fiber optic, railroad signal, and communication lines. 12. Indicate the limits of demolition of substructures, including depths and dimensions of excavations that might be necessary to demolish buried footings. 13. The Demolition Plan should include details of planned on -site fire suppression. B. The Contractor shall submit to the Railroad: three (3) complete sets of the Demolition Plan to BNSF's Director Bridge Engineering for review and comments. The Demolition Plan should be sent in PDF format for files up to (2) megabytes by email attachment to: Ron.Berry anbnsf.com. Should the Demolition Plan exceed a two (2) megabyte PDF file, a CD of the plans and specifications should be sent via overnight mail service to mailing address, 4515 Kansas Avenue, Kansas City, KS 66106. Page 3 of 12 Exhibit G Demolition Guidelines Nov.22, 2007 1. The Plan shall be sealed by a Civil or Structural Engineer registered in the state where the proposed demolition will take place. 2. A minimum of four (4) weeks shall be expected for the Railroad's review after the complete submittal is received. 3. No removal operations will be permitted over the Railroad right of way until the submitted material has been reviewed and approved. C. Approval and/or comments furnished by the Railroad in the course of review of the Contractor's Demolition Plan will not relieve the Contractor of the ultimate responsibility for the safe and secure demolition of the Overhead. SECTION III. PROCEDURE A. The Demolition Plan must be executed such that stability is continuously maintained for the standing portions of the Overhead over all tracks. 1. All members of the Overhead being demolished must be continuously supported to resist high winds, including wind buffets and suction forces generated by high speed trains. B. Prior to proceeding with bridge removal, the sealing Civil or Structural Engineer, or his authorized representative, shall inspect all components of the temporary support shoring, including temporary bracing and protective coverings, insuring conformity with the working drawings. 1. The sealing Engineer shall certify in writing to the Railroad that the work is in conformance with the drawings and that the materials and workmanship are satisfactory. 2. A copy of this certification shall be available at the job site at all times. C. All substructures shall be removed to at least six (6) feet below the final finished grade or at least six (6) feet below base of rail whichever is lower, unless otherwise specified by the Railroad. D. All debris and refuse shall be removed from the railroad right of way by the Contractor. The premises shall be left in a neat and presentable condition to the exclusive satisfaction of the Railroad. Soils contaminated by fuel spills, hydraulic oil leaks, etc. will be removed from railroad right of way and replaced to the exclusive satisfaction of the Railroad. E. If any hazardous materials are discovered, provide material protection as specified in local hazardous material codes and immediately contact the Railroad 1. If Contractor discovers any hazardous waste, hazardous substance, petroleum or other deleterious material, including but not limited to any non -containerized commodity or material, on or adjacent to Railway's Property, in or near any surface water, swamp, wetlands or waterways, while performing any work under this Agreement, Contractor must immediately: (a) notify the Railway's Resource Operations Center at 1(800) 832-5452, of such discovery: (b) take safeguards necessary to protect its employees, subcontractors, agents and/or third parties: and (c) exercise due care with respect to the release, including the taking of any appropriate measure to minimize the impact of such release. 2. If pipelines are attached to the Overhead, pipes must be purged of flammable or hazardous materials prior to beginning demolition. 3. Fuel spills, hydraulic fluid releases, equipment oil leaks or any other release of contaminants must be Page 4 of 12 Exhibit G Demolition Guidelines Nov.22, 2007 reported to the Railroad. Contaminated soils must be removed and replaced to the satisfaction of the Railroad and local regulatory agencies. F. The work progress shall be reviewed and logged by the Contractor's Engineer. Should an unplanned event occur, the Contractor shall inform the Railroad and submit a procedure to correct or remedy the occurrence. G. Beam removal and all other demolition procedures shall take place as much as practicable with equipment positioned adjacent to and clear of all live tracks or positioned on the Overhead structure above the track. In the rare case that beams require removal with equipment positioned fouling a live track or from below the Overhead, the following steps shall be taken before beams are allowed to straddle the tracks: 1. Certain territories with high density train traffic, especially where multiple main tracks are affected, may not grant Work Windows on all tracks simultaneously. Beam removal from the underside of Overheads may not be possible unless the procedure can be accomplished in very short Work Windows or be engineered such that only one track is affected. 2. The work shall be scheduled well in advance but no later than the requirements in Section 1, paragraph 5 of this Exhibit G. The Work windows are subject to the Railroad's operational requirements for continuous train operations. The beam removal plan must be engineered to minimize the Work Window time. 3. The rails, ties and ballast shall be protected. No equipment will be crossed over or placed on the tracks unless pre -approved by the Railroad. 4. The beams shall be blocked to prevent the beams from coming into contact with the rails. Blocking shall not be placed on the rails or ties. 5. Upon approach of a train, the beams and all personnel and equipment will be moved a position to provide a minimum of 15 feet horizontal clearance and 21 ft. 6 in. vertical clearance from the nearest rail. Care must be exercised to insure that crane booms are rotated to a position parallel with the track. SECTION IV. TRACK PROTECTION A. The track protective cover shall be constructed before beginning bridge removal work and will be supported by falsework or members of the existing Overhead. The following are examples of protective covers that may be acceptable: 1. A decking supported by the bridge or a suspended cover from the bridge above the track clearance envelope. 2. A track shield cover over the tracks per the attached detail. 3. A framed cover outside the track clearance envelope. 4. A catcher box or loader bucket under decking and parapets overhanging the exterior girders. 5. Protection of the track ballast section must be provided to avoid contamination of the rock with fine dust and mud produced during demolition activities. Filter fabric or some other effective means to prevent ballast contamination should be incorporated into the Demolition Plan. B. Construction equipment shall not be crossed over or placed on the tracks unless the rails, ties and ballast are protected against damage. 1. Track protection is required for all equipment including rubber tired equipment. Page 5 of 12 Exhibit G Demolition Guidelines Nov.22, 2007 2. A list of equipment to be crossed over or positioned on the tracks along with the intended method of protection shall be submitted to the railroad for approval prior to use at the job site. C. Temporary haul road crossings shall be either timbers or precast concrete panels. The type of crossing shall be determined by the Railroad. 1. Solid timbers or ballast with timber headers shall be used between multiple tracks. 2. If the job site is accessible to the public, all temporary haul road crossings shall be protected with barricades or locked gates when the Contractor is not actively working at the site. 3. Installation and removal of temporary track crossings for equipment shall be scheduled well in advance with the Railroad but no later than the requirements in Section 1, paragraph 5 of this Exhibit G. SECTION V. CRANES A. When cranes are operated over or adjacent to the tracks the following is required: 1. The Contractor shall verify that the foundations, soil conditions, and buried utility lines under the crane and crane outriggers can support the loads induced by the crane under an assumed maximum capacity lift. The size and material type of crane mats shall be rigid and of sufficient capacity to safely distribute the crane loads. 2. Front end loaders and backhoes cannot be used in place of a crane to lift materials over the tracks. These types of equipment do not have the necessary safety features built into the machines to circumvent overloading and tipping. Only cranes with the rated capacity to handle the loads may be used. 3. Additional track protection may be required for a crane when crossing over the track. The protection methods shall be submitted to the Railroad for review and comment well in advance of intended use. 4. Cranes and other equipment utilizing outriggers shall not place outriggers on the tracks or ballast. 5. Cranes or crane booms shall not be positioned within the track clearance envelope without Railroad Flagman protection. Cranes operating from a position farther than 25 ft. from the nearest track will need a Railroad Flagman present if the boom length is such that it could fall onto a track. 6. Upon approach of a train, the crane body shall be rotated to position the boom in a line parallel with the track. Any suspended load shall be made stationary by lowering it until contact is made with the ground. During passage of the train, the Crane Operator must stop all movements. Crane Operators shall remain in the cab with motor at idle with the load lines, boom, rotation and travel controls locked and stationary until the full length of the train has passed the job site. 7. Cranes will not be utilized during high winds. Page 6 of 12 Exhibit G Demolition Guidelines Nov.22, 2007 SECTION VI. CUTTING TORCHES A. When a cutting torch or welding equipment is used in the demolition process, the following steps shall be taken: 1. Fire suppression equipment is required on -site. 2. Do not use a torch over, between, or adjacent to the tracks unless a steel plate protective cover is used to shield against sparks and slag coming into contact with timber ties. Care shall be taken to make certain the use of a steel plate does not come in contact with the rails. See "Track Shield Details" for other requirements. Details of the shield shall be submitted to the Railroad for approval. 3. Wet the ties below the steel plate and wet other timbers and flammable demolition debris located near cutting areas. 4. Monitor the work site for at least three hours after cutting has ceased to detect a smoldering fire. B. Extensive overhead cutting may require more robust fire suppression equipment and precautions than what would normally be required for routine cuts. 1. On days when extensive torch cutting is planned, the Contractor shall have a larger water supply on hand or take other measures as needed to effectively suppress fires. 2. Overhead torch cutting and welding must cease upon approach and passage of a train. 3. Extensive torch cutting shall not take place during high winds. 4. Contractor will clear vegetation and other combustible debris from the surrounding work areas prior to engaging in extensive torch cutting. SECTION VII. UTILITIES A. The demolition operations shall be planned such that overhead and underground utility lines are operating safely at all times. The utility lines shall be protected if affected by demolition operations. Underground utility lines shall be protected from concentrated soil loads under crane outriggers and heavy rubber tired front loaders or similar equipment. All the work associated with utility lines should be coordinated by the contractor with the respective utility companies. Page 7 of 12 Exhibit G Demolition Guidelines Nov.22, 2007 LOOZ `ZZ'AoN saulleNn9 uomiowea 9 3igiyx3 Z6 30 8 a6ed sA•«+al one •VIVrld q•9.0 mom vain wasp FBA, S1N3Wall 10311 ONWOHS 1WON30 SOadONtl1S 300 [ 88 Or- r SLNN3HII103H VHSO NIIA AldWDO 01 ONIHOHS SLf13 ONIdOIS ON} '3NOZ SIHl NI NOIlHAdOX3 HOd 011IWH3d 3B IIIM NIEJOHS 10I183A ONO sisuimsairalr NMI IMMO MUM Misr ti• m��ll yr mu ammo! or mu ion Ideal MOM 8 3NOZ 51N3W3dIOD3H dHSO HUM AldW00 01 ONIHOHS r .r T 38noI clam .a.9 %ham 111011404 (31b3S 01 10N) rOtlrlarlq MOM 1 'No '03WHOd83d 38 11IM NUN 381 38314 31d1S 381 N] 03831SI038 [I33NION3 1dN07SS3108d d A8 03dWtl1S ONd ONOIS 38 1SON SN0[1d1O D1tl0 ONd SNtlld 'SNOI1V1001U3 NOIS30 AO 03INYA03010 38 11UHS SNtlld 8NMOHS°8 HO Y 3NOZ 01N[ HOHOHON3 HOIHA SNOUWAHOX3 80d '1w1� ANNO 11 13d 13111111f0 H1IN 11dW03 01 W31SAS ONIBDHS A8tl80dW31 3H1 d0 NOIS30 'SNtlld 03A0Hddtl 3H1 83d W31SAS ONCHOHS 1HdHOdW31 3H1 11V1SNI 11VHS 8010WINOO 3H1 3 1b3S •0350d0Hd ONWOHS NOI13108d M3V81 3H1 d0 1N31X3 ONV 3HO1VN 3H1 ONI1dOCONI SNtlld 03-0130 OV081IVH 3H1 A8 WADBddp 803 S3NOZ NO LWAVOX3 11483N30 1IW80S 11UHS HOlOHH1NO3 3H1 'AMA ANY ONION3NWOO 01 HDI8d 'MOV81 d0 = 01 UVTIOION3a3d 0380SV3N 38b SNOISN3NIO llq 083 U3d003 :0b01 3AIl OV081idd 318tl311ddki °d 3NOZ NI NOINAH3X3 80d SOV01 OHdONd1S dHSO 01 NOI1I00d NI 30HdHJ W S Od03 3AI1 OVOHIIdH HOA 03NOIS30 38 15f1W ONIHOHS olz d 3NOZ — ONIHOHS H 3NOZ x S3Iz 6Im NOI NAV DX 3 3NI1 ONf10H0 31dWVS S°1 0311IWH3d NOIldAdOX3 IIV8 d0 3Sd9 H31-110 .9- 21 a. y X0dH1 3NI1 NIVW .9-,51 .0-,Zi NOIIVAd3X] ON r X3HH1 = 18310N 1W13160 LOOZ `ZZ'AoN saullapin0 uo1lllowea 0 pcm.pc3 Z10 g a6ed i A 2a133411 1E87IL I'M Mid rival win AWN 31IA S1N3N38In038 0NIa0HS 11A0N3J SOHVONtl1S ON I DOHS 300[HB x nowalKuplanyair 404. 1m.10uw w.N 41:00371 Mein wrmMr uy Mel= (31HOS 01 10N} =31d3S Nrld 2 amoid MA141ggo IfMlf1<111� 11l<1 S338930 NI NO113[114 1gN831NI 30 319NV 3H1 SIO t 9b 1 aNgl - 51 383HA OW • Sd 'NOI1V003 DNIR01103 3H1 mon 031gn01g0 38 Nd3 W31SAS ONI8DHS 3H1 Dl 31011n 1FOIV d 1V NOV81 803 ONIOV01 OH 01 3n0 3000938d OV01 3AI1 ;Z 3SVO 1 + 9 = 'K)'SNdIOV8 NI 03fiASd3W S319NV 38V g ONV 4° [ IpZ) SO3 g NIS - 1I' I F� - Sd 1WHDJ 1N31VAI003 ONIA01103 3H1 01NI 03IlIldWISy�y8 NU1 W0I1dA03 3A08U 3H1 f K;1 ,SOO NIS - ' a NIS it NIS ' d 1 - Sd 'NOI1H003 OdD1 dI81S 0S3NISS008 3H1 ONISn 031V10110 SI W31SAS ONIHOHS 01 13,11011WOVH1 003 ON[Og01 003 01 3n0 'Sd 3B0SS30d 0g01 3AI1 1g031101 tI 35100 (Ol } 1g) 81 B00BB.BS - 0 '311033H31-11 • 'H . 3I1 10 010N31 = 01 OC H II01 j5d 8LL'[- (1333 6}(51 81 BBB0'- 0 '3N03383H1 111 30 H10N31 . 01 B .'H aDd 08 BB aSA01103 Sd 031d1nalm 39 11NNS ONV Og01 3AIl Og081[V8 OB3 01 300 01001 dI015 30 AlISN31NI 3141 5I 0 133A 6 SI 3I1 30 H1ON31 'H1d30 1N3W039W3 WnWINIW 3H1 51 dZ '3NI1 300380 A0138 1D01 3ND 01 ONIHOHS 3O d01 111083 S[ 0 'ONIHOHS 30 3OVA 311 01 NOGH1 30 3NI18311433 WOH3 Hd1M ON3dH3d 33Ntl1SI0 V S[ 5 'N0I1b003 0S3NISSnO8 3H1 HlIA 031VOlVA3 ONI38 1NIOd 10 H1d30 3H1 S[aH 'ONIHOHS 30 d01 3H1 01 3I1 30 W011013 3H1 NON3 1HOI3H 3H1 SI `H "H Sold 3I1 JO H101431 3H1 SI 01 '01 H10IA NOI1n9IZ11SI0 tl NO 03909 30 111115 0 380SS30d 1g3I1a3A f ffi f f f ' 1D03 Hd3N[1 83d Sd[51 8 :9 ,9 I31103S 01 10N1 131WS ;9 OV01 1163 811003 ;9 .9 ;S :9 '.6' .i 00 00 000 700 00 0000 / N N N N @ m m M M N N N N m e B @ m XXXXNNAX F X F F F F F X IS N NN▪ NN NON• N fA W ▪ to M M N▪ M M N LOOZ `ZZ'AoN saunapp0 uoMlowaa J pgNx3 ZL do 06 a6ed £ d0 1 :133HS LOOZ 'LI 8380100 :31V0 Sl I V130 NO [ 10310ad 311V8i NO11110h30 .r rwv 7i raf ,,,..=/S'/VS 1IV130 30 30IS 83810 A083 NOISN3A10 'NIA 35f1 OVON SS300V ON AI * 'NVA9V1d V S3810038 X3V81 V 30 11V8 1S38V38 3H1 30 1333 SZ 818118 AlIAI10V ANV '9 'SI8030 9811108 30 S3331d 398V1 dOlS 01 03810038 SV S8391111 3Sf1 'H3110 80 OV08 SS300V 'NOV81 0180 9811108 18083 S111830 183A38d 01 1N3Wd1003 NO111101130 A8 03S11 SOV08 01 11430VfOV ONV S3dOlS 301S 381 d0 3SV8 381 8V38 03810038 SI 801103108d SI8830 'S '0V08111/8 381 83A0 S38f113f181S 80J lVONVA X80M3S1Vd SNV811V0 8118 3081108000V NI ONV 'SOV01 NO111100130 031VdI311NV 381 180dalS 01 8010V81800 381 A8 0389IS30 38 IIVHS 3111/8j 381 'SNIVEL 80 OV08 SS330V 'SXOV81 OV0811V8 381 0181 08111VA 1108A 1VI831VW 3NIA 0Nv 1500 'S18830 NO111101430 183A38d IIVHS 31VBd 801103108d 3H1 '0 'S1181103 13V81800 01 83d38 8011VA803NI 801103108d ONV 338V8V310 1104011100V 80A '£ '133HS NVId 80I11101N30 03113V11V 381 NO NAOHS SV 141018 300189 381 1SVd 0831X3 ONV NMOHS S1IAI1 NO111101430 381 1.101V8 AOAINIA V SV IIVHS 311V83 801103108d 381 'Z 'A08391/ 01180d ONV OV0811V8 381 8083 (381f1038 SI S33NV8V313 0300038 381 803 NOISSIA83d 1V103dS '0V0811V8 381 A8 038011V 38 AVM 0310N S3301V8V313 0300038 381 '0V0811V8 381 A083 NOISSIA83d 1VI03dS 100H1IM 038011V S3301V8V310 'NIA 3H1 38V 031014 801103108d AO SlIA11 08VONVIS 381 '1 IL 310N 33S '03811103d NOISSI1183d 1d1038S) N0110310dd 311d83 803 NOI103108d 30 SlI1111 wnwINIIN NO I 1dA313 300189 'NIW 0-,Z1 1'dA1l 801103108d NOV81 30 S11All NOV81 to $ NOV81 30 OV08 SS300V I IS 310111 33S ' 'dA11 801103108d S18930 NO11031088 31/d83 803 NO11031088 30 SIA M addaNdlS SNO1ldA313 300189 v 11,18 d0 d01 *OV08 SS330V I I 'NIA „0-,81 _ 'NIA 0-,SZ CIS 3108 33S ' 'dA1) \ 801103108d SI8830 I'dAll NO 103108d NOV81 30 S1101I1 NOV81 30 $ NOV81 AO 'dAl u0-,0 LOOZ `ZZ'AoN saugapp9 uomlowaa 9 Aglyx3 £ d0 Z :133HS LOOZ 'LI 8390130 :31V0 SlId130 NOI103108d 311dd3 NOI1I101130 A Fief 7i Fey =/.51°,11/41ST Z1.10 1.I. a6ed 301S 83810 808J NOISN1110 'NIA Bn '0V08 SS300V ON d1SIP NOI103lOdd 30 SlIWII OdbONG1S NOI103S SS0d0 N330 390I2:19 11Vd JO d01 J ('dA1) N01133108d N3V81 JO S111411 ! — — _ ' NIW _ 'NIW �l „0-,Ol NO30 390189 '80113310dd 10 S111411 mmiNIN '8011VA313 390189 335 'SNOISN3810 801103108d 30 S11811 'NIW 801 'NMOHS 38V 801133108d JO S11W11 08VONV1S 'Z ' 133HS 8011VA313 390180 NO S3108 1V83839 33S 'I :S310N NOI103108d 301d83 d03 NOI103108d 30 S1IWI1 08dONd1S ('dA11 801103108d N3V81 d0 SlIAll Ndld 390I d9 M0139 NOV81 d0 M0139 NOV81 d0 N330 300189 LOOZ 'ZZ'AoN seuilapin9 uolmowaa 9 miyx3 E JO E :133HS LOOZ 'L1 H390130 :31V0 l I d13O 013IHS NOVal N0I 1 I 101130 A rill 7/Orr-.■_— 1 I VI30 ON I NO019 I 013IHS X3V81—� Zl Jo Zl 96ed 'S311 31380)103 H03 038In0321 3HV S11V130 1V133dS 'S311 H38N11 80A AlddV NMOHS SlIV130 '11 SIIVH N33M139 1HOHS V A8 031dnHS10 39 111M ONV S11VH 3H1 H9n0H811 1N3S 3HV NOILV31NnNN00 OVOHIIVH 'SIIVH NOVH1 3H1 SSOH3V 1V1311 33V1d 1DN 01 N3XV1 38 IIVHS 38Y3 '01 'S1VIH31VN 3NI3 AB NOIIVNINVINOO 1SV11V8 1N3A3Hd 01 (ma 38 11VHS 83188V9 31)19V3030 '30V110 IVNI0180 01 NM00 aNV 11VH 1S3HV3N 3H1 HOU „0-,01 30 ICHININ V 01 A13131d1103 03A01138 38 IIVHS 3189141 3H1 'AVO 3H1 30 ON3 3H1 1V '6 '11VH 30 d01 3H1 NVH1 /MOTH ON N011VA313 NV OL ONV 11VH 1S303N 3H1 NOMA «9-,8 30 NnNININ V 01 03A011311 38 IIVHS num 3H1 '39VSSVd HIM H03 '8 '03HOHONV 39 11VHS SH39N11 9NINIVW11 '0131HS 3H1 01 03H3V11V 39 AYH 0131HS 3H1 30 N01109 3H1 01 11VH 30 d01 3H1 HOU ONIX3018 '03A0N38 SI 013IHS 3H1 N3HM 11VH 30 d01 3H1 3A09V ON31X3 10N IIVHS 0131HS 3H1 803 S2138N11 1HOddnS IVNIOn11OND1 1 '390189 3111 30 3903 3H1 01 3S213ASNVHI NO111100130 30 S111111 3H1 ON0A39 133A OZ 1SV31 1V ON31X3 11VHS 0131HS NOVH1 3H1 '9 'N011VNINV1NO3 1N3A3Hd 01 NORMS 1S1/11V8 3H1 3NI1 IIVHS 3188V3030 '1V1831V11 3N13 ONV SIH930 11V 30 03NV313 38 IIVHS al3IHS 3H1 1VA0113H 310338 '5 '3188nH ONIddOHO ONV1SH11M 01 ONV SIIVH 3H1 NOdn ONI8V38 1nOH11M S180ddnS 5,11 N33M138 NVdS 01 H19N381S 1N3101APS 30 39 11VHS 013IHS 3H1 '6 '1VAON3H A31ldNIS 01 SXOOH 90111311 HUAI 03HS1NHn3 ONV 031VOIHOV33Hd 38 11VHS 031HS 3141 '£ X3VH1 3H1 NOdn NM00 MUM MOH SIH83a HO S1VIH31VW 3N13 1N3A321d 01 AHVSS303N SV 03HSINHn3 38 11VHS S1V1831VW 30 SH3AVI 1VN011100V 'NOV81 OV01111VH 3H1 01N0 9NI11V3 HOW Si11930 HO 1N3Nd1n03 ONV S1VIH31VN 1N3A3Hd IIVHS 0131HS 3H1 '3Hn13Nnd (INV 13VdN1 9NIanl3Nl 'S0V01 031Vd1311NV 3H1 180ddnS 01 H19N3H1S 1N313133nS 30 39 IIVHS ONV H0101/81N00 3H1 A8 03NOIS30 38 IIVHS a131HS NOM 3H1 'Z '0131HS NOV81 V 30 35n 3H1 9NIHna S3W11 11V 1V 0381n038 SI NVW OVl3 V '1 ( 319V 1 I VAV SI MOON I M 314111 NOV81 N3HA ) 1VA014138 NO30 300 [ a9 11083 ON I lld3 slam 803 IS310N 33S1 1SV11V9 IS310N 33S) I'dA11 SH38NI1 1HOddnS IVNIOn11ON01 / XOVH1 IS310N 33S) 0131HS 1Id130 013IHS NOd81 NOY81 1'NINI o rn -1 m m s r r 0 sn zpc 1'NIWI X3VH1 30 11 ,0-,5 :5310N Iltln03 03A0HddV HO) X3VH1 30 301S HOU 01H9V3 9NI833N19N3 S611 ONOBNVdS VHIA3H1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PSOMAS EXHIBIT H LEGAL DESCRIPTION Ca'trans Parcel No. 22305-4 Temporary Construction Licenses APN 115-050-014, 115-060-004, 115-070-001 In the City of Corona, County of Riverside, State of California, being a portion of Section 30, Township 3 South, Range 6 West, San Bernardino Meridian, as said Section 30 is shown on map of Rancho El Sobrante De San Jacinto, recorded in Book 7, Page 10 of Maps, Records of San Bernardino County, being two (2) parcels described as follows: Parcel 1 Beginning at the northeasterly corner of that certain 10 foot wide strip of land described in the Deed dated November 20, 1984, to the Atchison, Topeka and Santa Fe Railway Company, recorded January 2, 1985, as Instrument No. 681, Official Records of Riverside County; thence North 77°34'12" West 412.83 feet along the northerly line of said strip of land to a point thereon, said point being the True Point of Beginning; thence North 77°34'12" West 2,169.73 feet continuing along said northerly line and the westerly prolongation of said northerly line to a point thereon, said point also being the most southerly corner of the land described as Parcel No. 1 (4741-1) in the Deed to the State of California recorded December 08, 1987 as Instrument No. 347946 of Official Records of Riverside County; thence along the southerly line of said Parcel No. 1 (4741-1) the following two (2) courses: 1) North 74°11'31" East 68.32 feet to the beginning of a curve concave southerly having a radius of 2,985.00 feet; 2) Easterly along said curve 70.62 feet through a central angle of 01 °21'20" to the most easterly corner thereof, said corner being on the southerly line of that certain 16.86 acre parcel of land described in the Deed dated September 1, 1897, to the Southern California Railway Company (predecessor in interest to the Atchison, Topeka and Santa MA2PTG010501\SURVEY\LEGALS\22305_APN_115-050-014_AT&SRLegals\22305-4.doc 2/3/2014 Page 1 of4 PSOMAS Fe Railway Company), recorded October 2, 1897 in Book 62, Page 46 of Deeds, Records of Riverside County, thence along last said southerly line the following two (2) courses: 1) North 77°34'12" West 741.76 feet to the beginning of a curve concave northerly having a radius of 5,779.66 feet; 2) Westerly along last said southerly line and said curve 55.31 feet through a central angle of 00°32'54" to a point thereon, said point being the beginning of a non -tangent curve concave northerly having a radius of 2,752.00 feet, to which point a radial line bears South 10°50'24" East; thence easterly along said curve 126.94 feet through a central angle of 02°38'34" to a point, said point being the beginning of a non -tangent curve concave northerly having a radius of 2,752.00 feet, to which point a radial line bears South 14°41'14" East; thence easterly along said curve 99.44 feet through a central angle of 02°04'13" to a point on the northerly line of said lands of Southern California Railway Company, distant thereon North 77°34'12" West 240.73 feet from the most northerly corner of the land described as Parcel No. 3 (4741-3) in said Instrument No. 347946; thence South 77°34'12" East 2,541.32 feet along last said northerly line to a point thereon; said point being the beginning of a non -tangent curve concave westerly having a radius of 1,377.82 feet, to which point a radial line bears North 67°18'16" East; thence southerly along said curve 24.91 feet through a central angle of 01°02'09"; thence North 77°34'12" West 1,416.65 feet; thence South 71°24'29" West 241.58 feet; thence South 77°34'12" East 1,698.68 feet to a point on the southerly continuation of the above described curve cited herein as having a radius of 1,377.82 feet, to which point a radial line bears North 74°23'14" East; thence southerly along said southerly continuation of said curve 22.56 feet through a central angle of 00°56'18" to the True Point of Beginning. Containing 208,965 square feet. M A2PTG010501 \SURVEY\LEGALS\22305_APN_115-050-014_AT&SF\Legals\22305-4.doc 2/3/2014 Page 2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS Parcel 2 Beginning at the northeasterly corner of that certain 10 foot wide strip of land described in the Deed dated November 20, 1984, to the Atchison, Topeka and Santa Fe Railway Company, recorded January 2, 1985, as Instrument No. 681, Official Records of Riverside County; thence North 77°34'12" West 412.83 feet along the northerly line of said strip of land to a point thereon, said point being the beginning of a non -tangent curve concave westerly having a radius of 1,377.82 feet, to which point a radial line bears North 75°19'31" East; thence northerly along said curve 192.88 feet through a central angle of 08°01'16" to a point on the northerly line of that certain 16.86 acre parcel of land described in the Deed dated September 1, 1897, to the Southern California Railway Company (predecessor in interest to the Atchison, Topeka and Santa Fe Railway Company), recorded October 2, 1897 in Book 62, Page 46 of Deeds, Records of Riverside County; thence along the northerly line of said 16.86 acre parcel the following four (4) courses: 1) South 77°34'12" East 511.54 feet; 2) South 77°10'28" East 671.95 feet; 3) South 77°34'57" East 44.31 feet; 4) South 79°29'08" East 22.75 feet; thence South 11 °02'57" West 21.24 feet; thence North 77° 10'28" West 667.25 feet; thence North 77°34'12" West 261.97 feet to the beginning of a non -tangent curve concave westerly having a radius of 3,068.01 feet, to which point a radial line bears North 77°13'30" East; thence southerly along said curve 136.22 feet through a central angle of 02°32'38"; thence South 77°34'12" East 134.05 feet; thence South 84°57'18" East 392.25 feet; thence South 77°47'28" East 352.54 feet; thence South 11°02'57" West 11.78 feet; thence North 77°36'29" West 9.41 feet; thence South 05°37'44" West 8.31 feet; thence North 77°47'28" West 343.07 feet; thence North 84°57'18" West 392.29 feet to the Point of Beginning. Containing 85,289 square feet. M:\2PTG010501\SURVEY\LEGALS\22305_APN_ 115-050-014_AT&SP\Legais\22305-4.doc 2/3/2014 Page 3 of 4 PS OMAS See Exhibit H1 attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. Prepared under the direction of Brian E. Bullock, PLS 5260 Date M Ai2PTG010501\SURV EY\LEGALS\22305_APN_ 115-050-014_AT&SF\Legals\22305-4.doc 2/3/2014 Page 4 of 4 EXHIBIT 111 INDEX F, W U, 0 22305-4 PARCEL 1 SEE SHEETS 2 TO 5 E. 3RD STREET pE FREEWAY �,, RIVERSI v ITN m 22305-4 QUARRY STREET m r 0 a z m 0 a 0 LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing C ) Title to State 1 1 1 1 1 Access Prohibited PARCEL 2 SEE SHEETS 6 & 7 1 NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. 22305-4 TEMPORARY CONSTRUCTION LICENSES I FEET 0 400 800 1600 2400 PREPARED BY: PS O M A S DATE: 11-26-12 REV. 3: 02-03-14 EA: FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 3 Hutton Centre Drive Ste. 200 Santa Ana, California 92707 (714)751-73734 714)545-8883 (Fax) 8 RIV 91 7.2 1 7 EXHIBIT Hl PARCEL# TITLE AREA APN 22305-4 PCL 1 TCL 208965 SQ.FT. 115-050-014, 115-060-004, & 115-070-001 22305-4 PCL 2 TCL 85289 SQ.FT. 115-050-014 & 115-070-001 MOST N'LY COR. OF 030 PARCEL 3 (4741-3) S7q° g7'7q„ 5760 115,050� REC D412 8/87R. 3 28'58„ElR ) NE1 v 28"E (R) `_— Sw2Y 4-0 2°pq, R_275 3, Rp ° 0 •qq C 27.5 O4,, AT Zgp7�33q 72„E �_ 726•gq, SF R - �� BK. 62 R Riw, 2541.32 !.. _ ,223°5-4 S72° N77°3q' /„ PARCEL 1 �0n+ �T _ S7 P 58'4,, C2 72 W ��,`4 6Ao -- - - _ _i R_ Oi 5p Zq E(R) R_ 577g•66' l _� / / 7g7PGo '65 DC's• _2 �52. pp , 76 15,060-015 _` 9 - � \` 1 016 Y 3 115'060/ VERSI�ETARiON NG a Y RpUTE 91 . C/� 5 REEW A 3,0 RIVERSID g1 ,/ �N 9 �I1-�EN. a R (0 I 15,p60 \ SCTI ON 3 A O r 1 '� RANCHO r I SOFJRANTE M F- _ cn w w LEGEND DE SAN JAC1NT0 POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning CURVE DATA (R) Indicates Radial Bearing DELTA RADIUS LENGTH ( )Title to State ' I I I I !Access Prohibited C2 00° 32'54" 5779.66' 55.31 NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 3 0 5- 4 TEMPORARY CONSTRUCTION LICENSES distances. All distances are in feet unless otherwise noted. I FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santa Ana, California 92707 (714)751-7 3734714)545-8883 (Fax) DATE: 11-26-12 REV. 3: 02-03-14 EA: FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 7. 2 2 7 EXHIBIT H1 PARCEL# TITLE AREA APN 22305-4 PCL 1 TCL 208965 SQ.FT. 115-050-014, 115-060-004, & 115-070-001 22305-4 PCL 2 TCL 85289 SQ.FT. 115-050-014 & 115-070-001 CURVE DATA 2 1 C1 01D21T20" 2985U00' 70N62H ROE FREEWAY �( OQ F— LU N w N R5I Sao 1\1 ROUE 5 gAT IONI�G 9 E R FREE a 1 IVERSI� RoU E 9 6 315 i S7i°34 12 E �� 8K � "—2541. 2 -..►_ �` L . 62 -7 _ 3 / 1 9 � , y0 , AT _ ? _ --j °)'` 0 SF , CO RR --R 4r\' y10 CA•�\ N14 27'09"W(R) P0, �-� �-► N 74 4 6 � Dds. 68?32'1 ,EL -, (22305-4) v C2 N?7° �% PARCEL 1 A1 �S8 ill MOST S'LY COR. 34 12" ly \ 20 ZA `Lg W w OF PARCEL NO. 1 S-0 INST. NO. 347946, O.R. S70 ' 34 '12 ,1 60,024 SrCTJON 30 2769.73' E 16g8'6UJ 8,`_ 1 5,0 ;fir NCI-JO EL SOERANTr Dr SAN JACINTO 20.00, = N w 0 LEGEND LINE DATA POB Indicates Point Of Beginning BEARING DISTANCE TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing L1 L2 N77°34'12"W N77°34'12"W 741.76' 1416.65' ( ) Title to State 1 1 1 1 1 Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 3 0 5- 4 TEMPORARY CONSTRUCTION LICENSES distances. All distances are in feet unless otherwise noted. I FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santa (714)751Ana, - 73734714)545-8883 (Fax) DATE: 11-26-12 REV. 3: 02-03-14 EA: FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 7.2 3 7 EXHIBIT Hl PARCEL# TITLE AREA APN 22305-4 PCL 1 TCL 208965 SQ.FT. 115-050-014, 115-060-004, & 115-070-001 22305-4 PCL 2 TCL 85289 SQ.FT. 115-050-014 & 115-070-001 033 0 "'--_ rn S77o34'12,,E 4 LU = ul w w 0 PARCEL 1 �� 20,50, N7?o34,124 BK• 62, 2541.32, —� __ S77o34, AT & SF RR PG" 46 1416°65 12 E RiW Dds �—� ''--- 77034 124 1698.68 a �� 115,p6p�p2 20.00, 2/69.73 1 �n I— w w cn w w V) 22305-4 1 __ PARCEL 1 " � SECTION 30 LEGEND RANCHO El. SJ8RANTr POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing Dr SAi`7 Jr1Cl i`JTO ( )Title to State I I I I 1 Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 22305-4 TEMPORARY CONSTRUCTION LICENSES distances. All distances are in feet unless otherwise noted. I FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200Santo 2707 (714)751n 73734714)545a California 98883 (Fax) DATE: 11-26-12 REV. 3: 02-03-14 EA: FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 17 . 2 4 7 EXHIBIT Hl PARCEL# TITLE AREA APN 22305-4 PCL 1 TCL 208965 SQ. FT. 115-050-014, 115-060-004, & 115-070-001 22305-4 PCL 2 TCL 85289 SQ.FT. 115-050-014 & 115-070-001 050 1l�033 5� 22305-4 �STT034'I2„E w Lu 0 w cw PARCEL 1 20.5p, S7?°34, „ �� 2541.3 , 51 1. 54 ? E 8 N77°34'12„ N67° 18 16 "E (R) K° 62, W P�• 46 1416.65, "� 9 od ° C3 AT & SF S• N68 20,25„ r1 RR RiW E I R) S77°34'12„E c9 1— �� _ 22305-4 16g8°68' w w - N77°34, PARCEL 2 J` /2 W N74°23 14„E (R) 20e00, N w 22305-4 2�69° v' 73,\��� C4 PARCEL 1 SrC-f1ON 30 \ N75° RANCHO EL SO.9RANTr 19, � � �- = 37„ E (R) DE SAN JACINTO T.P.O.B. 6 PARCEL 1 12483 1 5 010'0a N74' LEGEND CURVE DATA POB Indicates Point Of Beginning DELTA RADIUS LENGTH TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing C3 C4 01 °02'09 00°56'18" 1 377.82' 1377.82' 24.91' 22.56' ( )Title to State C5 08°01'16" 1 377.82' 192.88' 11 1 1 1 Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 3 0 5- 4 TEMPORARY CONSTRUCTION LICENSES distances. All distances are in feet unless otherwise noted. I FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santa (714)751n 73734 7114)545-8HO (Fax) DATE: 11-26-12 REV. 3: 02-03-14 EA: FAn: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 7. 2 5 7 EXHIBIT Hl PARCEL# TITLE AREA APN 22305-4 PCL 1 TCL 208965 SQ.FT. 115-050-014, 115-060-004, & 115-070-001 22305-4 PCL 2 TCL 85289 SQ.FT. 115-050-014 & 115-070-001 � I- LU LU _ Ul Z. m A 22�0 N �-/ P P�G� -1 m N67°l8'�6"E (R) -' ul S�7°34'12,,E \ / I \ -- 5-1 7.54, \ \ 0, � \ �, �-- Z _ - 2ppp, -p _ S 7 ° 7 10'28 , 67r°95' E� F- LU w _ ``' `(22305-4�� o o N77°34' 26 1\ 1\ T 2 W LU uj PARCEL 2 r° 9 �- rn W \1 t) o' o R-3p °32 38' N 67° 0 28 \ _ - -_ i ) to vi L=136 . 1, 67.25' W� c N770 -1. L3 S84 57 1 o)O T 75 ° , .. '311,E 4 2 "w -41- _ _ _ _ _ _ 3 92.2 5 8 E -_ s .P,p. (R) 2.83, - - _ _ _ N84°57'1 8 1" 392, PgRCEL 61 Ii�1sr N 29-- 6011 0,R., P.O.B. 07 20.00' CURVE DATA ?��> DELTA RADIUS LENGTH 0 3 �9 6 C5 08°01'16`� 1377.82' 192.88' `� 01`-' Al LEGEND POB Indicates Point Of Beginning LINE DATA TPOB Indicates True Point Of Beginning BEARING DISTANCE (R) Indicates Radial Bearing ° E 1 34.05 ( ) Title to State L3 S77 34 1 2 I I I I (Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain 2 2 3 0 5- 4 TEMPORARY CONSTRUCTION LICENSES ground distances. All distances are in feet unless otherwise noted. I FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 (714)751n 7373/(714)545-8883 (Fax) DATE: 11-26-12 REV. 3: 02-03-14 EA: FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 7. 2 6 7 EXHIBIT H1 PARCEL# TITLE AREA APN 22305-4 PCL 1 TCL 208965 SQ.FT. 115-050-014, 115-060-004, & 115-070-001 22305-4 PCL 2 TCL 85289 SQ.FT. 115-050-014 & 115-070-001 PARCEL 2 22305-4 (I) w = —� S7701p 28E 2p.00 577034, —_____ 67/.95, 44.3157„E 1\177o 10 28 W S7902g,0 8"E L 4 20. 00 , 2. 75 667.25, S7704 , S11°p2, L5 7 2g"E 35221,2q 7"W . ' N77°47"28„W 54 1 343°p7" ��- / u) 22305-4 _ — — _\� w PARCEL 2 SEE/ ���/— ?c,L J 2. DETAIL "A" � \ � \ 0 y >>� / / /—_S77°47 28 / 352.54 , E i / I // N77°36'29' / / 9°41 " W S1 1 ° / 1 1 8 74/ / / / N770 S05037, / / 343.07 8"W 8°3144 j/ / / 1 / DETAIL"A" // SCALE: 1, = 20 _---/ ,..,„ _— ,------ LEGEND LINE DATA BEARING DISTANCE POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing L4 L5 S84°57'18"E N84°57'18"W 392.25' 392.29' ( ) Title to State I I I I I Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 3 0 5- 4 TEMPORARY CONSTRUCTION LICENSES distances. All distances are in feet unless otherwise noted. i FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 (714)751Ana, 7373/(714)54598883 (Fax) DATE: 11-26-12 REV. 3: 02-03-14 EA: FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 7. 2 7 7 ATTACHMENT 6 EAST PORPHYRY OVERHEAD CONSTRUCTION and MAINTENANCE AGREEMENT BNSF Agreement No. BF-1000X00( STATE Contract No. 08R190 RCTC Agreement No. 14-31-112-00 E. Porphyry (1-15, E. Corona Overhead) State Br. No. 56-495S DOT No. 026595H San Bernardino Subdivision LS 7602 MP 22.95 This Agreement ("Agreement"), is executed to be effective as of this day of , 201_ ("Effective Date"), by and between BNSF RAILWAY COMPANY, a Delaware corporation ("BNSF"), the STATE OF CALIFORNIA, acting through the Department of Transportation, hereinafter referred to as ("STATE"), and the RIVERSIDE COUNTY TRANSPORTATION COMMISSION hereinafter referred to as ("RCTC"), a public entity of the State of California, hereinafter referred to as ("Parties"). RECITALS: WHEREAS, BNSF owns and operates a line of railroad in and through the City of Corona, County of Riverside, State of California, hereinafter referred to as ("Rail Corridor"); WHEREAS, BNSF's predecessor in interest, The Atchison, Topeka and Santa Fe Railway Company and STATE entered into an Agreement dated January 14, 1980; carried in BNSF's records as BNSF Secretary's Contract No. CL-160452, ("Original Agreement") which provided for STATE's construction of the East Porphyry Overhead (1-15, East Corona Overhead) State Br. No. 56-495S, DOT No. 026595H, over the Rail Corridor; WHEREAS, the Original Agreement was supplemented with a First Supplemental Agreement, dated July 23, 1985 to provide for the construction of the San Diego to Riverside Connector Ramp and the widening of the East Corona Overhead by adding two lanes to accommodate a new San Diego to Los Angeles Connector Ramp; WHEREAS, the Original Agreement was further supplemented with a Second Supplemental Agreement dated July 23, 1985 to provide for the construction of the Interstate Highway 1-15 Northbound Southbound Overheads as part of the construction of the Route-15/Route-91 interchange. The Interstate Southbound Overhead also carries a Los Angeles to San Diego Connector Ramp; WHEREAS, the Original Agreement was further supplemented with a Third Supplemental Agreement dated July 23, 1985 to complete the construction of the Route-15/Route-91 interchange by construction of the Riverside to San Diego Connector Ramp; WHEREAS, RCTC has adopted a project to extend the existing tolled express lanes on State Route 91 between the Riverside/Orange County line and Interstate Highway 1-15 ("SR-91 Corridor Improvement Project'); WHEREAS, the SR-91 Corridor Improvement Project will involve the modification of four existing overheads that cross BNSF's Rail Corridor: East Porphyry Overhead (1-15) DOT No. 026595H, West Porphyry Overhead (Temescal) DOT No. 026522X, East Prado Overhead DOT No. 026532D, and West Prado Overhead DOT No. 026533K, and the shortening of BNSF's Monster Lead Track No. 4365; Page 1 of 17 E. Porphyry (1-15, E. Corona Overhead) April 17, 2014 WHEREAS, RCTC and STATE desire to proceed with modifying the East Porphyry Overhead as part of the Route-15/Route-91 interchange by constructing a new overhead bridge to accommodate an Eastbound Route-91 to Southbound Route-15 express lane and a Northbound Route-15 to a Westbound Route-91 express lane hereinafter referred to as the ("EXPRESS LANE OVERHEAD"); WHEREAS, RCTC will fund the cost to design and construct the SR-91 Corridor Improvement Project using a design build contractor ("Contractor"); WHEREAS, the Parties have entered into an agreement dated in connection with the modification of the West Porphyry Overhead ("WPCMA"); WHEREAS, the WPCMA provides for the invoicing of the costs of the railroad work performed by BNSF and the reimbursement to BNSF of such costs in connection with the modification of all four of the overheads which are part of the SR-91 Corridor Improvement Project; WHEREAS, STATE is the owner of State Route 91, Interstate Highway 1-15, and the STATE Highway System; WHEREAS, RCTC and STATE have entered into a Cooperative Agreement No. 08-1468 dated July 25, 2012, permitting RCTC to acquire property on behalf of STATE and to design and construct the SR-91 Corridor Improvement Project; WHEREAS, upon completion and acceptance of the SR-91 Corridor Improvement Project by STATE, STATE will thereafter own and maintain all highway improvements made by RCTC under this Agreement; WHEREAS, pursuant to this Agreement, RCTC will acquire from BNSF a Temporary Construction License; and WHEREAS, pursuant to this Agreement, RCTC will acquire a permanent easement ("Easement"), on behalf of the STATE, as required for the SR-91 Corridor Improvement Project. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the Parties contained herein, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: ARTICLE I — SCOPE OF WORK 1. The term "Project" as used herein includes any and all work related to the construction of the EXPRESS LANE OVERHEAD, more particularly described on Exhibit A, which is attached hereto and incorporated herein, including but not limited to, any and all changes to telephone, telegraph, signal and electrical lines, other utilities and appurtenances, alterations to or new construction of drainage facilities, the repair of the scouring of the head of banks by storm water runoff from the highway surface above at the south abutment of the existing East Porphyry Overhead and the installation of slope paving, preliminary and construction engineering, right of way acquisition, construction management, and contract preparation, preliminary and construction engineering, right of way acquisition, construction management, and contract preparation. Additionally, temporary controls during construction must be in compliance with Section 8A-08, "Temporary Traffic Control Zones" of the Manual of Uniform Traffic Control Devices ("MUTCD"), U.S. Department of Transportation. The existing East Porphyry Overhead and the EXPRESS LANE OVERHEAD, as constructed, shall be referred herein collectively as the "STRUCTURE". ARTICLE II — BNSF OBLIGATIONS In consideration of the covenants of RCTC and STATE set forth herein and the faithful performance thereof, BNSF agrees as follows: Page 2 of 17 E. Porphyry (1-15, E. Corona Overhead) April 17, 2014 1. Upon RCTC's payment to BNSF of an administrative fee in the sum of Two Thousand and No/100 Dollars ($2,000.00) and the payment of XXXX and No/100 Dollars ($00,000.00) as compensation for a temporary construction license fee, BNSF hereby grants to RCTC, its successors and assigns, upon and subject to the terms and conditions set forth in this Agreement, a temporary non-exclusive license (hereinafter called ("Temporary Construction License") to construct the Project, as well as the WPCMA project, across or upon that portion of BNSF's Rail Corridor shown on Exhibit A-1, as described further in the Legal Descriptions, Exhibit G and Exhibit G2 and as shown on Parcel Maps Exhibit G1 and G3, attached to this Agreement, excepting and reserving BNSF's rights, and the rights of any others who have obtained, or may obtain, permission or authority from BNSF, to do the following: (a) Operate, maintain, renew and/or relocate any and all existing railroad track or tracks, wires, pipelines and other facilities of like character upon, over or under the surface of said Rail Corridor; (b) Construct, operate, maintain, renew and/or relocate upon said Rail Corridor, without limitation, such facilities as BNSF may from time to time deem appropriate, provided such facilities do not materially interfere with RCTC's construction of the Project; (c) Otherwise use or operate the Rail Corridor as BNSF may from time to time deem appropriate, provided such use or operations does not materially interfere with STATE's use of the EXPRESS LANE OVERHEAD; (d) Require RCTC or its Contractor to execute a Temporary Construction Crossing Agreement, for any temporary crossing requested to aid in the construction of the Project. The term of the Temporary Construction License shall begin on the Notice to Commence Construction date as set forth hereinafter in Article III, Section 15 and ends on the earlier of (i) substantial completion of the Project, or (ii) Thirty Six (36) months following the Notice to Commence Construction. The Temporary Construction License and related rights to be given by BNSF to RCTC shall be without warranty of title of any kind, express or implied, and no covenant of warranty of title will be implied from the use of any word or words therein contained. The Temporary Construction License shall be for the construction of the Project, as well as the WPCMA project, and for no other purpose. In the event STATE or RCTC is evicted by anyone owning, or claiming title to or any interest in said Rail Corridor, BNSF will not be liable to STATE or RCTC for any damages, losses or any expenses of any nature whatsoever. BNSF shall not grant similar rights to others, subsequent to the date of this Agreement, that impair or interfere with the rights granted to RCTC pursuant to the Temporary Construction License. 2. RCTC shall pay to BNSF the additional sum of XXXX and No/100 Dollars ($00,000.00) as compensation for the Easement, such payment to be made upon execution of this Agreement. Within thirty (30) days of BNSF's final inspection of the construction of the EXPRESS LANE OVERHEAD, BNSF shall deliver to STATE the executed Easement in the form attached hereto as Exhibit B and incorporated herein by reference, providing STATE, its successors and assigns, a perpetual easement to enter upon and use that portion of the Rail Corridor described therein as is necessary to use and maintain the EXPRESS LANE OVERHEAD. 3. BNSF will furnish all labor, materials, tools, and equipment for railroad work required for the construction of the Project. The Parties agree that the estimated cost of all railroad work for modification of the East Prado Overhead, the West Prado Overhead, the East Porphyry Overhead and the West Porphyry Overhead in connection with the SR-91 Corridor Improvement Project shall all be included such railroad work and the estimated cost thereof being as shown on Exhibit D attached to the West Porphyry Construction and Maintenance Agreement, WPCMA, and made a part thereof. In the event construction on the Project has not commenced within six (6) months following the Effective Date, BNSF may, in its sole and absolute discretion, revise the cost estimates set forth in said Exhibit D. In such event, the revised cost estimates will become a part of the WPCMA as though originally set forth therein. Any item of work incidental to the items listed on Exhibit D not specifically mentioned therein may be included as a part of the WPCMA upon written approval of RCTC, which approval will not be unreasonably withheld. Construction of the Project will include the following principal elements of railroad work by BNSF: Page 3 of 17 E. Porphyry (1-15, E. Corona Overhead) April 17, 2014 (a) Procurement of materials, equipment and supplies necessary for the railroad work; (b) Preliminary engineering, design, and contract preparation; (c) Furnishing of flagging services necessary for the safety of BNSF's property and the operation of its trains during construction of the Project as set forth in further detail on Exhibit C, attached to this Agreement and made a part hereof; (d) Furnishing of engineering and inspection as required in connection with the construction of the Project; and (e) Providing a contract project coordinator, at RCTC's expense, to serve as a project manager for the Project. 4. BNSF will construct all railroad work set forth in Article II, Section 3 above on an actual cost basis, when BNSF, in its sole discretion, determines it is required by its labor agreements to perform such work with its own employees working under applicable collective bargaining agreements or by contractor(s) if necessary. In conducting the work hereunder, for any work that BNSF subcontracts, BNSF shall comply with all applicable State prevailing wage requirements. BNSF subcontracts for work under this Agreement shall be with the lowest qualified bidder, selected by BNSF pursuant to its normal and customary bidding processes. BNSF shall require any contractors completing work under this Agreement to obtain insurance sufficient to cover the risks associated with such work, as determined by BNSF. 5. RCTC agrees to reimburse BNSF for work of an emergency nature caused by RCTC or RCTC's Contractor in connection with the Project which is reasonably necessary for the immediate restoration of railroad operations, or for the protection of persons or BNSF property. Such work may be performed by BNSF with notification provided to RCTC as soon as practicable and RCTC agrees to fully reimburse BNSF for all such emergency work. 6. BNSF may charge RCTC for insurance expenses, including self-insurance expenses, when such expenses cover the cost of Employer's Liability (including, without limitation, liability under the Federal Employer's Liability Act) in connection with the construction of the Project. Such charges will be considered part of the actual cost of the Project, regardless of the nature or amount of ultimate liability for injury, loss or death to BNSF's employees, if any. 7. The invoicing of the costs of the railroad work performed by BNSF under this Agreement, as well as RCTC's obligation to reimburse BNSF for such costs, shall be in accordance with the provisions of the WPCMA pertaining thereto. 8. BNSF agrees to comply and to require its contractors to comply with the ("Buy America") requirements set forth in the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) Sections 1041(a) and 1048(a), 23 U.S.C. 313 and 23 C.F.R. Part 635.410, which are incorporated into this Agreement by reference, and which require that all steel, iron, and manufactured products used in FHWA-funded projects are produced in the United States, unless a waiver has been granted by FHWA or the product is subject to a general waiver. In conformance with the foregoing specified laws and regulations, all manufacturing processes for steel and iron materials furnished for incorporation into the work shall occur in the United States; with the exception that pig iron and processed, pelletized and reduced iron ore manufactured outside of the United States may be used in the domestic manufacturing process for such steel and iron materials. The application of coatings, such as epoxy coating, galvanizing, painting, and other coating that protects or enhances the value of steel or iron materials shall be considered a manufacturing process subject to the Buy America requirements. Page 4 of 17 E. Porphyry (1-15, E. Corona Overhead) April 17, 2014 The Buy America requirements do not prevent a minimal use of foreign steel and iron materials if the total combined cost of the materials used does not exceed one -tenth of one percent (0.1 %) of the total contract cost or $2,500, whichever is greater. BNSF shall maintain documentation of the quantity and value of the foreign steel and iron prior to incorporating the materials into the work, if any. ARTICLE III — RCTC OBLIGATIONS In consideration of the covenants of STATE and BNSF set forth herein and the faithful performance thereof, RCTC agrees as follows: 1. RCTC shall furnish to BNSF and STATE plans and specifications for the Project together with calculations with the railroad clearances expressed in English Units. One complete reduced size 11" x 17" paper copy shall be submitted to BNSF's Director Bridge Engineering. A PDF copy of the plans and specifications should be sent to both BNSF's Manager Public Projects and BNSF's Director Bridge Engineering. The PDF copy with a file size of two (2) megabytes or less should be sent via an email attachment. Should the PDF copy of the plans and specifications exceed two (2) megabytes, a CD (Compact Disk) of the plans and specifications should be sent via overnight mail service to both BNSF offices. The email and mailing addresses are included in Article V, Section 21. Sets of said plans shall be submitted to BNSF and STATE for approval prior to commencement of any construction. BNSF will give RCTC final written approval of the plans and specifications substantially in the form of Exhibit E, attached to this Agreement and made a part hereof. Upon BNSF's final written approval of the plans and specifications, said plans and specifications will become part of this Agreement and are hereby incorporated herein. Any approval of the plans and specifications by BNSF shall in no way obligate BNSF in any manner with respect to the finished product design and/or construction. Any approval by BNSF shall mean only that the plans and specifications meet BNSF standard specifications, and such approval by BNSF shall not be deemed to mean that the plans and specifications or construction is structurally sound and appropriate or that such plans and specifications meet applicable regulations, laws, statutes or local ordinances and/or building codes. 2. RCTC must make application to the California Public Utility Commission ("Commission") for an order authorizing construction of the Project and will furnish the Commission plans of the proposed construction, approved by BNSF, together with a copy of this Agreement. 3. RCTC must obtain all other required permits and approvals for the construction of the Project. 4. RCTC must provide for and maintain minimum vertical and horizontal clearances, as required and approved by BNSF as part of the plans and specifications for the Project. 5. RCTC must make any and all arrangements, in compliance with BNSF's Utility Accommodation Manual (http://www.bnsf.com/communities/fags/pdf/utilitv.pdf), for the installation or relocation of wire lines, pipe lines and other facilities owned by private persons, companies, corporations, political subdivisions or public utilities other than BNSF which may be necessary for the construction of the Project. 6. RCTC must construct the Project as shown on the attached Exhibit A and do all work provided for in the plans and specifications for the Project, except railroad work that will be performed by BNSF herein. RCTC must furnish all labor, materials, tools and equipment for the performance of RCTC's work. The principal elements of RCTC's work are as follows: (a) Preliminary and final Engineering; (b) Design and the construction of the EXPRESS LANE OVERHEAD; (c) Construction of required retaining walls; Page 5 of 17 E. Porphyry (1-15, E. Corona Overhead) April 17, 2014 (d) Repairing the scouring of the head of banks by storm water runoff from the highway surface above at the south abutment for the existing structure and installation of slope paving; (e) Providing of suitable drainage, both temporary and permanent, and correct the drainage that is currently flowing to BNSF's property so that no highway drainage is directed to BNSF's Rail Corridor; (9) All other necessary grading and paving, including backfill of excavations and restoration of disturbed vegetation on BNSF's Rail Corridor; Application of the DOT No. 026595H and the CPUC No. 002B-22.90-A in conspicuous locations on the EXPRESS LANE OVERHEAD; (h) Removal of the sleeves for any CID Piles to a depth of five feet below ground surface; and (i) Job site cleanup within Project area including removal of all construction materials, all temporary track embankment not being reused by BNSF, all ballast not reclaimed by BNSF, concrete debris, surplus soil, refuse, disturbed contaminated soils, asphalt debris, litter and other waste materials to the satisfaction of BNSF. 7. RCTC will acquire all properties and/or easement rights or construction licenses required to construct and/or maintain the Project. 8. RCTC's work must be performed by RCTC or RCTC's Contractor in a manner that will not endanger or interfere with the safe and timely operations of BNSF and STATE and their facilities. 9. RCTC must require its Contractor(s) to notify BNSF's Roadmaster at least thirty (30) calendar days prior to requesting a BNSF flagman in accordance with the requirements of Exhibit C attached hereto. Additionally, RCTC must require its Contractor(s) to notify BNSF's Manager Public Projects thirty (30) calendar days prior to commencing work on BNSF property or near BNSF tracks. 10. RCTC or its Contractor(s) shall submit one reduced size 11" x 17" paper copy, including calculations, expressed in English Units of the plans and specifications for proposed shoring, or cribbing to be used over, under, or adjacent to BNSF's tracks to BNSF's Director Bridge Engineering. RCTC or its Contractor(s) shall submit a PDF copy of the plans and specifications for the proposed shoring, or cribbing to both BNSF's Manager Public Projects and BNSF's Director Bridge Engineering. The PDF copy with a file size of two (2) megabytes or less should be sent via an email attachment. Should the PDF copy of the plans and specifications exceed two (2) megabytes, a CD (Compact Disk) of the plans and specifications should be sent via overnight mail service to both BNSF offices for approval. The email and mailing addresses are included in Article V, Section 21. The shoring or cribbing used by RCTC's Contractor(s) shall comply with the BNSF Bridge Requirements set forth on Exhibit F attached to this Agreement and incorporated herein, and all applicable requirements promulgated by state and federal agencies, departments, commissions and other legislative bodies. Falsework shall be designed according to the State of California, Department of Transportation FALSEWORK MANUAL available at this Web Site: http://www.dot.ca.gov/hq/esc/construction/manuals/OSCCom pleteManuals/FalseworkManual. pdf 11. RCTC must include the following provisions in any contract with its Contractor(s) performing work on the Project: (a) The Contractor is placed on notice that fiber optic, communication and other cable lines and systems (collectively, the "Lines") owned by various telecommunications companies may be buried on BNSF's property or Rail Corridor. The locations of these Lines have been included on the plans based on information from the telecommunications Page 6 of 17 E. Porphyry (1-15, E. Corona Overhead) April 17, 2014 companies. The Contractor will be responsible for contacting BNSF's OneCall (telephone number (800) 533-2891) and the telecommunications companies and notifying them of any work that may damage these Lines or facilities and/or interfere with their service. The Contractor must also mark all Lines shown on the plans or marked in the field in order to verify their locations. The Contractor must also use all reasonable methods when working in the BNSF Rail Corridor or on BNSF property to determine if any other Lines (fiber optic, cable, communication or otherwise) may exist. (b) Failureto mark or identify these Lines will be sufficient cause for any BNSF Representative to stop construction at no cost to RCTC or BNSF until these items are completed. (c) In addition to the liability terms contained elsewhere in this Agreement, the Contractor hereby indemnifies, defends and holds harmless BNSF for, from and against all cost, liability, and expense whatsoever (including, without limitation, attorney's fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of Contractor, its subcontractors, agents and/or employees that cause or in any way or degree contribute to (1) any damage to or destruction of any Lines by Contractor, and/or its subcontractors, agents and/or employees, on BNSF's property or within BNSF's Rail Corridor, (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on BNSF's property or within BNSF's Rail Corridor, and/or (3) any claim or cause of action for alleged loss of profits or revenue by, or loss of service by a customer or user of such telecommunication company(ies). THE LIABILITY ASSUMED BY CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE, DESTRUCTION, INJURY, DEATH, CAUSE OF ACTION OR CLAIM WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, UNLESS SUCH CLAIMS ARE WHOLLY CAUSED BY THE WILLFUL MISCONDUCT OR .SOLE NEGLIGENCE OF BNSF. (d) The Contractor will be responsible for the rearrangement of any facilities or Lines determined to interfere with the construction. The Contractor must cooperate fully with any telecommunications company(ies) in performing such rearrangements. 12. RCTC must incorporate in each prime contract for construction of the Project, or the specifications therefor (i) the provisions set forth in Articles III and IV, and (ii) the provisions set forth in Exhibit C, Exhibit C-1, and Exhibit F attached hereto and by reference made a part hereof. 13. Except as otherwise provided below in this Section 13, all construction work performed hereunder by RCTC for the Project will be pursuant to a contract or contracts to be let by RCTC, and all such contracts must include the following: (a) All work performed under such contract or contracts within the limits of BNSF's Rail Corridor must be performed in a good and workmanlike manner in accordance with plans and specifications approved by BNSF; (b) Changes or modifications during construction that affect safety or BNSF operations must be subject to BNSF's approval; (c) No work will be commenced within BNSF's Rail Corridor until each of the prime Contractors employed in connection with said work must have (i) executed and delivered to BNSF an agreement in the form of Exhibit C-1, and (ii) delivered to and secured BNSF's approval of the required insurance; (d) If it is in RCTC's best interest, RCTC may direct that the construction of the Project be done by day labor under the direction and control of RCTC, or if at any time, in the Page 7 of 17 E. Porphyry (1-15, E. Corona Overhead) April 17, 2014 opinion of RCTC, the Contractor has failed to prosecute with diligence the work specified in and by the terms of said contract, RCTC may terminate its contract with the Contractor and take control over the work and proceed to complete the same by day labor or by employing another contractor(s) provided however, that any contractor(s) replacing the original Contractor(s) must comply with the obligations in favor of BNSF set forth above and, provided further that if such construction is performed by day labor, RCTC will, at its expense, procure and maintain on behalf of BNSF the insurance required by Exhibit C-1; (e) To facilitate scheduling for the Project, RCTC shall have its Contractor give BNSF's Project Engineer at telephone number 909 386 4079 eight (8) weeks advance notice of the proposed times and dates for work windows. BNSF and RCTC's Contractor will establish mutually agreeable work windows for the Project. RCTC shall inform its Contractor that any request for work windows with less than eight (8) weeks advance notice will have a reduced probability of approval. BNSF has the right at any time to revise or change the work windows, due to train operations or service obligations. BNSF will not be responsible for any additional costs and expenses resulting from a change in work windows. Additional costs and expenses resulting from a change in work windows shall be accounted for in the Contractor's expenses for the Project; and (f) If applicable, the plans and specifications for the Project must be in compliance with the Bridge Requirements set forth in said Exhibit F attached to this Agreement and incorporated herein. 14. RCTC must give BNSF's Manager Public Projects written notice to proceed ("Notice to Proceed") with the railroad work and advance the funds for the estimated cost of the railroad portion of the Project to BNSF as set forth in Exhibit D attached to the WPCMA. BNSF will not begin the railroad work (including, without limitation, procurement of supplies, equipment or materials) until written Notice to Proceed and funds for construction of the railroad portion of the Project are received from RCTC. The Notice to Proceed must reference BNSF's Agreement No. BF-1000XXXX. 15. Subject to the restrictions imposed by Article V, Section 11 below, the construction of the Project will not commence until RCTC gives BNSF's Manager Public Projects thirty (30) days written notice to commence construction ("Notice to Commence Construction") when the Contractor has satisfied the requirements set forth hereinabove in Article III, Section 13 (c) and will enter BNSF Rail Corridor to begin construction. The Notice to Commence Construction must reference BNSF's Agreement No. BF-1000XXXX and must state the time that construction activities will begin. 16. RCTC must advise the BNSF Manager Public Projects, in writing, of the completion date of the Project within thirty (30) days after such completion date. Additionally, RCTC must notify BNSF's Manager Public Projects, in writing, of the date on which RCTC, and/or STATE, and/or RCTC's Contractor will meet with BNSF for the purpose of making final inspection of the Project. 17. RCTC HEREBY RELEASES, INDEMNIFIES, DEFENDS AND HOLDS HARMLESS BNSF, ITS AFFILIATED COMPANIES, PARTNERS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, FINES, PENALTIES, COSTS, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, DEMANDS, JUDGMENTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS' FEES) OF ANY NATURE, KIND OR DESCRIPTION OF ANY PERSON (INCLUDING, WITHOUT LIMITATION, THE EMPLOYEES OF THE PARTIES HERETO) OR ENTITY DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM OR RELATED TO (IN WHOLE OR IN PART) (I) THE USE, OCCUPANCY OR PRESENCE OF RCTC, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES OR AGENTS IN, ON, OR ABOUT THE CONSTRUCTION SITE, (II) THE PERFORMANCE, OR FAILURE TO PERFORM BY RCTC, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR AGENTS, ITS WORK OR ANY OBLIGATION UNDER THIS AGREEMENT, (III) THE SOLE OR CONTRIBUTING ACTS OR OMISSIONS OF RCTC, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR AGENTS IN, ON, OR ABOUT THE CONSTRUCTION SITE, (IV) RCTC'S BREACH OF THE TEMPORARY Page 8 of 17 E. Porphyry (1-15, E. Corona Overhead) April 17, 2014 CONSTRUCTION LICENSE GRANTED TO RCTC PURSUANT TO ARTICLE II OF THIS AGREEMENT, (V) ANY RIGHTS OR INTERESTS GRANTED TO RCTC PURSUANT TO THE TEMPORARY CONSTRUCTION LICENSE DISCUSSED IN ARTICLE II OF THIS AGREEMENT, (VI) RCTC'S OCCUPATION AND USE OF BNSF'S PROPERTY OR RAIL CORRIDOR AS CONTEMPLATED IN THIS AGREEMENT, OR (VII) AN ACT OR OMISSION OF RCTC OR ITS OFFICERS, AGENTS, INVITEES, EMPLOYEES OR CONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER AS RELATES TO THIS AGREEMENT. THE LIABILITY ASSUMED BY RCTC WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE, DESTRUCTION, INJURY OR DEATH WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, UNLESS SUCH CLAIMS ARE WHOLLY CAUSED BY THE WILLFUL MISCONDUCT OR SOLE NEGLIGENCE OF BNSF. ARTICLE IV - STATE OBLIGATIONS In consideration of the covenants of BNSF and RCTC herein contained and the faithful performance thereof, STATE agrees: 1. To permit RCTC to act as the responsible lead agency to design and construct the Project. 2. In addition to the terms and conditions set forth elsewhere in this Agreement, including, but not limited to, the terms and conditions stated in Exhibit F, BNSF and STATE agree to the following terms upon completion of construction of the Project: (a) BNSF will own and maintain, at its sole cost and expense, its roadbed, track, railroad drainage, and all other railroad facilities, however, nothing herein contained shall relieve STATE of any liability it would otherwise have with respect to damage caused to the STRUCTURE by negligent act or omission of STATE or its employees; (b) STATE will own and maintain, at its sole cost and expense, the STRUCTURE, the highway approaches, and appurtenances thereto, lighting, drainage and any access roadway to BNSF gates installed pursuant to this Agreement. BNSF may perform maintenance on the STRUCTURE in order to avoid conflicts with train operation. BNSF will notify STATE for concurrence prior to performing any such maintenance on the STRUCTURE. In the event such maintenance involves emergency repairs due to an earthquake, fire, flood, damage from vehicular impacts or other emergent situations, BNSF will immediately notify STATE of items in need of repair that are under STATE's responsibility. If the STATE does not complete the repairs that have been mutually agreed to within a reasonable time period, BNSF personnel and/or providers may perform the repairs and invoice the STATE for the entire cost of such repairs. Notwithstanding the foregoing, BNSF may remove any materials that infringe upon or violate the minimum clearances described in Exhibit C by methods that would not cause damage to the structural integrity of the bridge without prior notice to, or concurrence by, STATE. STATE agrees to reimburse BNSF for the costs it incurs pursuant to this subsection (b). (c) STATE must, at STATE's sole cost and expense, keep the STRUCTURE painted and free from graffiti; (d) STATE must maintain the DOT No. 026595H and CPUC No. 002B-22.90-A in legible condition in the conspicuous locations on the STRUCTURE where applied by RCTC during construction; (e) It is understood by STATE that the right to install utilities is restricted to the placement of underground utilities beneath BNSF's tracks located a minimum of fifty (50) feet from abutments, piers, piles, or footings with the exception that upon BNSF's prior approval Page 9 of 17 E. Porphyry (1-15, E. Corona Overhead) April 17, 2014 (0 (g) BNSF will permit selected utilities to be installed closer to the abutments, piers, piles, footings and/or run through the deck of the STRUCTURE. Under no circumstances will utilities be allowed to hang from the STRUCTURE. All utility crossings within the limits of BNSF's Rail Corridor will be covered by separate agreements between BNSF and each of the owners of the utilities; STATE must keep the STRUCTURE and surrounding areas clean and free from birds, pigeons, scavengers, vermin, creatures and other animals; and In conformance with and limited to the applicable effect of California Laws insofar as the indemnity and insurance provisions set forth in any of the preceding sections or any rider, amendment or addendum hereto, STATE is self -insured. If STATE performs (i) alterations or modifications to the STRUCTURE, or (ii) any maintenance or other work on the STRUCTURE with heavy tools, equipment or machinery at ground surface level, horizontally within 25'-0" of the centerline of the nearest track, or (iii) any maintenance or other work outside the limits of the deck of the STRUCTURE vertically above the top of the rail, then STATE shall provide BNSF defense and indemnification at least equal to the defense, indemnification and insurance provisions contained in the current Exhibit C-1 at the time alterations or modifications to the STRUCTURE are undertaken, in accordance with California Government Code section 14662.5. Nothing herein shall be deemed to insure BNSF against its sole negligence or willful misconduct. Notwithstanding the foregoing, STATE agrees not to commence such alterations, modifications, maintenance, or other work to the STRUCTURE with day labor, until such time as (i) BNSF has procured, at STATE's sole cost and expense, a Railroad Protective Liability insurance policy naming BNSF as the insured, as required by the current Exhibit C-1, and (ii) STATE has reimbursed BNSF for the costs to obtain the Railroad Protective Liability insurance policy. 3. Subject to the restrictions imposed by Article V, Section 11 below, STATE must notify and obtain prior authorization from BNSF's Manager Public Projects to perform (i) inspection, (ii) alterations or modifications to the STRUCTURE, or (iii) any maintenance or other work on, over or under the STRUCTURE before entering BNSF's Rail Corridor or for work located a minimum distance of 25'-0" measured horizontally from the centerline of the nearest track or a greater distance specified by BNSF's Manager Public Projects and must procure and maintain the insurance coverage required by Exhibit C-1 and comply with the obligations set forth in Exhibit C and Exhibit F, as the same may be revised from time to time. In the event any of the work to be done on behalf of STATE upon BNSF's Rail Corridor is to be done by a contractor, STATE will be responsible for its contractor(s) compliance with such obligations. 4. PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 14662.5, STATE HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS BNSF FROM, AND TO REPAIR OR PAY FOR ANY DAMAGE PROXIMATELY CAUSED BY REASON OF THE USES AUTHORIZED BY THIS AGREEMENT AND THE EASEMENTS PERTAINING TO THE STRUCTURE. ARTICLE V — JOINT OBLIGATIONS IN CONSIDERATION of the premises, the Parties hereto mutually agree to the following: 1. All work contemplated in this Agreement must be performed in a good and workmanlike manner and each portion must be promptly commenced by the party obligated hereunder to perform the same and thereafter diligently prosecuted to conclusion in its logical order and sequence. Furthermore, any changes or modifications during construction which affect BNSF will be subject to BNSF's approval prior to the commencement of any such changes or modifications. BNSF will notify RCTC of potential impacts to Project at the time said impacts are known, subject to the provisions of Article II, Section 5. 2. The work hereunder must be performed in accordance with the Bridge Requirements set forth in Exhibit F and the detailed plans and specifications approved by BNSF. Page 10 of 17 E. Porphyry (1-15, E. Corona Overhead) April 17, 2014 3. RCTC must require its Contractor(s) to reasonably adhere to the Project's construction schedule for all Project work. At BNSF's discretion, any work that would affect train operations shall be scheduled at night. The Parties hereto mutually agree that BNSF's failure to complete the railroad work in accordance with the construction schedule due to inclement weather or unforeseen railroad emergencies will not constitute a breach of this Agreement by BNSF and will not subject BNSF to any liability. Regardless of the requirements of the construction schedule, BNSF reserves the right to reallocate the labor forces assigned to complete the railroad work in the event of an emergency to provide for the immediate restoration of railroad operations of either BNSF or its related railroads, or to protect persons or property on or near any BNSF owned property. BNSF will not be liable for any additional costs or expenses resulting from any such reallocation of its labor forces. The Parties mutually agree that any reallocation of labor forces by BNSF pursuant to this provision and any direct or indirect consequences or costs resulting from any such reallocation will not constitute a breach of this Agreement by BNSF. 4. BNSF shall have the right to request any RCTC employee, or STATE employee, who enters BNSF's Rail Corridor and because of their incompetence, neglect of duty and/or unsafe conduct, misconduct, or they adversely affect BNSF's operations or facilities, be removed from the Rail Corridor. In the event RCTC or STATE elects not to honor such request, BNSF may stop work within its Rail Corridor until the matter has been fully resolved to BNSF's satisfaction. The party whose employee has been asked to leave the Rail Corridor will indemnify BNSF and the other Parties against any claims arising from such removal. 5. BNSF will have the right to stop construction work on the Project if any of the following events take place ("Event of Default"): (i) Contractor (or any of its subcontractors) performs the Project work in a manner contrary to the plans and specifications approved by BNSF; (ii) Contractor (or any of its subcontractors), in BNSF's opinion, prosecutes the Project work in a manner that is hazardous to BNSF property, facilities or the safe and expeditious movement of railroad traffic; (iii) any RCTC employee or STATE employee because of their incompetence, neglect of duty and/or unsafe conduct or misconduct they adversely affect BNSF's operations or facilities as described in Article V, Section 4 above; (iv) the insurance described in the attached Exhibit C-1 is canceled during the course of the Project; or (v) RCTC or STATE breach any other provision of this Agreement. For an Event of Default as described in subsections (i), (ii), (iii), or (iv) above, BNSF may commence the work stoppage immediately, and shall provide notice to RCTC of such stoppage at the earliest time feasible. Prior to commencing any work stoppage for the Event of Default described in subsection (v) above, BNSF will first provide to RCTC thirty (30) days written notice of such Event of Default, and opportunity to cure. If RCTC fails to cure such Event of Default within the thirty (30) day period, the work stoppage may commence. Any work stoppage will continue until the breach is cured or until all necessary actions are taken by RCTC, its Contractor or subcontractors, to rectify the situation to the satisfaction of BNSF's Division Engineer or until proof of additional insurance has been delivered to and accepted by BNSF. Any work stoppage under this provision will not give rise to any liability on the part of BNSF. BNSF's right to stop the work is in addition to any other rights BNSF may have including, but not limited to, actions or suits for damages or lost profits. In the event that BNSF desires to stop construction work on the Project, BNSF agrees to immediately notify the following individual in writing: Michael Blomquist Toll Program Director RIVERSIDE COUNTY TRANSPORTATION COMMISSION 480 Lemon Street, 3rd Floor Riverside, CA 92502-2208 Office: (951) 778-1098 Fax (951) 787-7920 mblomquist(r�rctc.orq 6. RCTC's or STATE's employees, agents, contractors, representatives and invitees shall wear Personal Protective Equipment ("PPE") when on the BNSF's Rail Corridor during construction of the Project or performing subsequent maintenance after completion of construction. The PPE shall meet applicable OSHA and ANSI specifications. Current BNSF PPE requirements are listed on the web site, Page 11 of 17 E. Porphyry (1-15, E. Corona Overhead) April 17, 2014 www.BNS.FContractor.com. A partial list of BNSF's PPE requirements include: a) safety glasses: permanently affixed side shields; no yellow lenses, b) hard hats with high visibility orange cover, c) safety shoes: hardened toe, above -the -ankle lace -up with a defined heel and d) high visibility retro-reflective orange vests are required as specified by BNSF's representative in charge of the Project. PPE requirements as defined on the web site, will be amended from time to time, and shall take precedence over the partial list of requirements outlined in this Section 6 of Article V. Hearing protection, fall protection and respirators will be worn as required by state and federal regulations. 7. RCTC must supervise and inspect the operations of all RCTC Contractors to ensure compliance with the plans and specifications approved by BNSF, the terms of this Agreement and all safety requirements of BNSF. If BNSF determines that proper supervision and inspection are not being performed by RCTC personnel and construction management consultants at any time during construction of the Project, BNSF has the right to stop construction (within or adjacent to its operating Rail Corridor). Construction of the Project will not proceed until RCTC corrects the situation to BNSF's reasonable satisfaction. If BNSF feels the situation is not being corrected in an expeditious manner, BNSF will immediately notify RCTC's Toll Program Director for appropriate corrective action. 8. Pursuant to this Section and Article II, Section 7 herein, RCTC must reimburse BNSF in full for the actual costs of all work performed by BNSF under this Agreement (including taxes, such as applicable sales and use taxes, business and occupation taxes, and similar taxes). 9. In any action brought under this Agreement, the prevailing Party shall be entitled to recover its actual costs and attorney's fees pursuant to California Civil Code Section 1717, as well as other litigation costs, including expert witness fees. The prevailing party shall also be entitled to recover all actual attorney's fees and litigation costs incurred in connection with the enforcement of a judgment arising from such action or proceeding. 10. All expenses detailed in statements sent to RCTC pursuant to Article II, Section 7 herein will comply with the terms and provisions of the Title 23 U.S. Code, Title 23 Code of Federal Regulations, and the Federal -Aid Policy Guide, U.S. Department of Transportation, as amended from time to time, which manual is hereby incorporated into and made a part of this Agreement by reference. RCTC agrees that BNSF's preliminary engineering, design, and contract preparation costs described in Article II, Section 3 herein are part of the costs of the Project even though such work may have preceded the date of this Agreement and the issuance of the Notice to Proceed as more particularly described in Article III, Section 14. 11. The Parties mutually agree that no construction activities for the Project, nor future maintenance of the STRUCTURE once completed that would interfere with operations of the Rail Corridor will be permitted during the fourth quarter of each calendar year. Emergency work will be permitted only upon prior notification to BNSF's Network Operations Center (telephone number: 800 832-5452). The Parties hereto mutually understand and agree that trains cannot be subjected to delay during this time period. 12. Within 90 days of the conclusion of the Project and final acceptance by BNSF, RCTC must provide BNSF with a complete electronic set of the bridge plans with the railroad clearances (prepared in English Units). BNSF will also accept a marked up paper copy of the EXPRESS LANE OVERHEAD plans labeled "As Built". The marked up copy of those plans will reflect any and all deviations from the original plans that occurred during construction. The electronic set of bridge plans will be submitted in Micro Station *.dgn electronic format (preferred) or AutoCAD *.dwg format. Electronic plans are to be submitted in the original format used for CAD plan preparation and not converted to another format prior to submission. The As Built plans shall show actual measured "as constructed" clearances as well as depth, size and location of all foundation components. The plans shall show dimensioned locations of existing and relocated utilities. The As Built plans must comply with the Bridge Requirements set forth on Exhibit F and depict all information in BNSF engineering stationing and mile post pluses. The As Built plans must also include plan and profile, structural bridge drawings and specifications, and drainage plans. All improvements and facilities must be shown. It is understood that BNSF prefers to receive the As Built plans in an electronic format. Page 12 of 17 E. Porphyry (I-15, E. Corona Overhead) April 17, 2014 13. BNSF may, at its expense, make future changes or additions to its facilities if necessary or desirable, in BNSF's sole discretion, including, without limitation the following: (i) the right to raise or lower the grade or change the alignment of its tracks, (ii) the right to lay additional track or tracks, or (iii) the right to build other facilities in connection with the operation of its railroad. Such changes or additions must not change or alter the highway components of the STRUCTURE. If it becomes necessary or desirable in the future to change, alter, widen or reconstruct the highway components of the STRUCTURE to accommodate railroad projects, the cost of such work, including any cost incidental to alteration of railroad or highway facilities made necessary by any such changes to the STRUCTURE, will be divided between BNSF and STATE in such shares as may be mutually agreed to by them. Any alteration or reconstruction of the highway components of the STRUCTURE will be covered by a Commission order. 14. STATE may, at STATE's sole expense, alter or reconstruct the STRUCTURE if necessary or desirable, due to traffic conditions or pedestrian or other recreational traffic, provided, however, that any such alteration or reconstruction, must receive BNSF's prior written approval as evidenced by either a supplement to this Agreement, or execution of a new agreement that provides for the termination of this Agreement. Furthermore, any alteration or reconstruction of the highway components of the STRUCTURE will be covered by a Commission order. 15. Any books, papers, records and accounts of the Parties hereto relating to the work hereunder or the costs or expenses for labor and material connected with the construction will at all reasonable times be open to inspection and audit by the agents and authorized representatives of the Parties hereto and the Federal Highway Administration, for a period of three (3) years from the date of the final BNSF invoice under this Agreement. 16. The covenants and provisions of this Agreement are binding upon and inure to the benefit of the successors and assigns of the Parties hereto. Notwithstanding the preceding sentence, no party hereto may assign any of its rights or obligations hereunder without the prior written consent of the other party. 17. In the event construction of the Project does not commence within three (3) years of the Effective Date, this Agreement will become null and void. 18. Neither termination nor expiration of this Agreement will release any party from any liability or obligation under this Agreement, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or expiration. 19. To the maximum extent possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement is prohibited by, or held to be invalid under, applicable law, such provision will be ineffective solely to the extent of such prohibition or invalidity and the remainder of the provision will be enforceable. 20. This Agreement (including exhibits and other documents, manuals, etc. incorporated herein), together with previously acquired and recorded property rights if any, is the full and complete agreement between BNSF, RCTC and STATE with respect to the subject matter herein and supersedes the Original Agreement, as supplemented, and any and all other prior agreements between the Parties hereto. 21. Any notice provided for herein or concerning this Agreement must be in writing and will be deemed sufficiently given when sent by certified mail, return receipt requested, to the Parties at the following addresses: BNSF: Manager Public Projects Melvin Thomas 740 E. Carnegie Drive San Bernardino, CA 92408 Email: Melvin.Thomas anbnsf.com Page 13 of 17 E. Porphyry (1-15, E. Corona Overhead) April 17, 2014 BNSF: RCTC: STATE: Director Bridge Engineering Ron Berry 4515 Kansas Avenue Kansas City, KS 66106 Email: Ronald.Berrv4bnsf.com Project Engineer Greg Rousseau 740 E. Carnegie Drive San Bernardino, CA 92408 Email: Greq.Rousseau(a�bnsf.com Division Engineer Adam Richardson 740 E. Carnegie Drive San Bernardino, CA 92408 Email: Adam.Richardson4bnsf.com Michael Blomquist Toll Program Director Riverside County Transportation Commission 480 Lemon Street, 3rd Floor Riverside, CA 92502-2208 Office: (951) 778-1098 Fax (951) 787-7920 Email: mblomquist(�rctc.orq Department of Transportation Ben Martin Office Chief for Railroads and Utilities Relocation Division of Right of Way & Land Surveys 1120 N Street Sacramento, CA 95814-5690 Office: (916) 654-5413 Email: ben.martin (c�dot.ca.gov IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and attested by its duly qualified and authorized officials as of the day and year first above written. Signature pages to follow. Page 14 of 17 E. Porphyry (1-15, E. Corona Overhead) April 17, 2014 BNSF RAILWAY COMPANY By: Name: Title: Melvin Thomas Manager Public Projects Page 15 of 17 E. Porphyry (1-15, E. Corona Overhead) April 17, 2014 RIVERSIDE COUNTY TRANSPORTATION COMMISSION By: Name and Title REVIEWED AND RECOMMENDED FOR APPROVAL: By: Name and Title REVIEWED FOR FISCAL IMPACT: By: Chief Financial Officer APPROVED AS TO FORM: By: Best Best & Krieger LLP Counsel to the Riverside County Transportation Commission Page 16 of 17 E. Porphyry (1-15, E. Corona Overhead) April 17, 2014 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By: Name: Ben Martin Title: Office Chief for Railroads and Utilities Relocation Division of Right of Way & Land Surveys APPROVED AS TO FORMS AND PROCEDURES: BY: ROGER FORMANEK, Attorney Department of Transportation APPROVAL RECOMMENDED: By: Denny Fong, P.E. Railroad Agreements Engineer Page 17 of 17 E. Porphyry (1-15, E. Corona Overhead) April 17, 2014 b 30 1. 133HS S3Nb1 SS32idX3 iona`dln 1.62:1S 1amisNOa A2J1Hd2JOd 1S3M V32JV A8OM AdAHddOd 1SV3 AW.Hd2JOd 1SV3 4Z 30(103 V-067Z - 9Z00 #OfldO 149699Z0 #100 46'ZZ dIN dSN9 £Z+1. V1S a0N3 dSN9 M„£Z,4EeLLL :30f1110N01 N,01.,£9o££ :30f1111V1 Z09L-S1 ONICINVNH39 NVS:NOISIAIO911S :S310N OV01111VZI MAHd210d 13V3 00WJd 1SV3 VO'VNOMOO ANAHAIOd 1SV31V as oavaa Oavad 1S3M NOISSMINO0 N011V1210dSNVN1 A1N1100 301S213A1H ONV VINNOdrIV0 d0 31V1S ONV ANVdIN00 AVM11V21 dSN9 1N301S3Nd 301A N33M138 SMOGS *O ONOANVS 1N3W3321JV 30NVN31NIVW 8 N011011211SN00 V 0103HOV11V .V 1181HX3 Z09L 1N3WO3S 3N11 NOISINOSf1S ONIONVNN3S NVS NOISIAIO VINNOA11V0 b LOZ ANV0893d 0310N SY:MVOS X11H1NOM 1210d t JO Z 1331-1S S3Nd1 SS31:IdX3 lafla`din 1,61JS "omi tsNOa V-067Z - 8Z00 #0f1d0 1-196S9Z0 #100 1,62Z dW dSN8 EZ+LIZI V1S 801%3 dSN8 M..£Z.VC.LI, :30f1110N01 N„01..£9.E£ :30f1111V1 Z09L-S1 ON1021VN2138 NVSINOISIAICIS S :9310N OVON11V21 A21AHd210d 1SV3 ),A)\H680 1S3M VO'VNON00 ANAHdNOd 1SV31V NOISSIWI100 N011V1NOdSNV131 A1Nf100 301Sa3A121 ONV VINNOd11V0 d0 31V1S Z09L 1N3WO3S 3NI1 ONV NOISIAIOBnS ONIONVNi138 NVS ANVdW00 AVMIIVN dSN8 Nolslnw VlNaodnVo 1N3OIS3ild 30IA N33M138 PlaZ ANVna83d snwas o ONOdNVS 1N3W33210V 30NVN31NIVW'8 NOI13f11,11SN00 V 01031-13V11V O310N SV:31YOS .V 1181HX3 xl HINOMlaod 'b JO £ 1331-1S S3Nd1 SSaldX310fladln 1.621S 1OMAISNO0 056h0-99 'oN 80103NN00 ON1150(3 N✓8 !SN (0350d08d) 515 61It )18L d5N8 33 AVN NOLLV15 1X3N ON108YN838 NVS 01 (ONXIIS ANAHd80d) lO[h 4SN8 .114 JSNB NV!! ASNe,.....s. 13NNYH0 N801S NOlON118V ONLL51X3 U V-o6•ZZ - 9Z00 #Ondo H5699Z0 #100 46'ZZ dW JSNB EZ+IIZI V1S 2191\13 JSNB AlEZ.b£>Lll :30n110N01 N„Ol £9o£E :30n111V1 Z09L-S1 ONIOZIVN2z139 NVS:NOISIn10911S :S310N OV0211IV2i AHAHd110d 1SV3 OV31.83,10 YN080061SY3501,111SIX3 tZ 3001?l8 �OV3H8340 VN080J615V350NLLSU(1 /OH d5N8 VO 'VN02100 A21AHdaOd 1SV3 1V AS6500-95 -oN '49 210133NN00 ONLLSI)(3 ALIAHd80d NOIIYIS DON 53130- NY SO1 Ol 13NNYHO 1.1801S N01ONn8V ONIL511(3 NOISSIWWOO NOI1V1210dSNV2Il A1NnOO 3016213AIN ONV VINHOJI1VO JO 31V1S ONV ANVdWOO AVMlIV8 JSNB N33M139 snwes 02f0ANVS 1N3013321OV 3ONVN3INIVIN $ NOIlOnaisNOO V 0103HOV11V V1191HX3 1N301S321d 301A Z09L 1N31M'J3S 3NI1 NOISIAIG50S ONIOi)VNH39 NVS NOISING VINNOAIWO 9LOZ M A/11893J 0310N SV,3IV3S X1'1-11a0M 1210A 17 JO b l33HS S31\1d1 SSaldX3 lafladln 1-62:1S 10112:11SNOO pc -.I 06 1Nd8 - NO11035 11,01dA1 rn—(�----r� L-----J vmlm ti 3..3o «.. nn .arx.4 R a:11;0 ! / 15V3 0 `43N ii% 1Sy3 DNi 41.4 1poO A1113 1o1.M 4918 3 oarpwle porodom amprllo 614961x3 __.. _... aouo.10010 100410/, wnw!Iryw 1e lined 0 wog 10 1101.130.110 x4n3► 10913031 V-06•ZZ - SZOO ',tondo HS699Z0 #100 t6'ZZ dW dS1‘18 £Z+LLZL V1S 2101%13 dSN8 Me£Z1b£oL I. :30nlION0I Ne01.1£90££ :30nlllVl Z09L-S1 ONI0adN2138 NVSINOISInIOBnS :S310N OV021lIVa AaAHd210d 1SV3 3NIl .3Mxo 5. DN01V D3=00 3ddy Z 1913 00'LZ+Lhh .3N5 3 ,Z5'1££Z = l 55'L1311 = 1 00.54„9Z = Y .00 0005 = a 31,111 .9.Q M/a 459161 dRl '311d d11 13315 L44 ,444061 = 1 .95'16E1 = 1 .£1.45,.96 = Y .00.5011 = a 1rva AO d01 f 11.38 0141151X3 ,05=.1 Y SNObltl. as 8101% rlmH .5-.CZ NVId 13N9VHO I1a015 O1DNI1aV 091I150(3 u # 11VM 131491V1.10 01 40 zlmH WI .9,51 00'65+044 DNrlrva NNII WHO NrJ h 11438 014I151X3 , 1/N5640-95 'oN OV31-121390 V910800 15V3 01415413J [ N0tl81 30V8015 1o!1,31 40 mN 5 NOtlal 30V8015 I I 0350d08d1 Z NOV81 30V8015 .'x!x31 1 1 NOV81 0Va015 1.1.3, L _ _ _ _ _ J l •INOV81 0141015 IWO', NOIIVA313 03d013A30 MOlSayB O! VO'VNOa00 ANAHd210d 1SV31V ii 0 15640-95 'oN NEI 0V3H83A0 V910800 15V3 0961.51X3 5 11438 09111,03/ 1 � /53 OWLS 6E4 53 381110d O'099 ^0l3 11101V0 l NOV81 NIVW lx!x31 OZ 11438 NOV81 NIVW Ixx3♦ 113 )mn du../1r° - - f — — g 19.14.9-,16 L-1+Ir --1 LK CIO �oH „5-.Ol I f 114313 1o!13 O LaA CD- 10 IAA IW ,Z-,95 L 3 13NNV110 1118015 N010N118V ONLL56(3 391I1 .3215. DN01V Ddv00 xolddV 1/85640-95 'oN 'IB OV31-183A0J V910a00 15V3 014I156(3 41W .0- -0O zuou ulw .0-.9 xuold 64446n. Nos '6u!146n paluneW IIOM L4 6u!oo0 maws' 9® 7 uowioa�l 1.44.11114o1V (pow L a441) 6u4M8 NNn 111e40 1L (V09 adll) mwo8 o1omuo0 0 (pow ZYL ad(1) IaWoB a4aAo4o0 O (pow ZEL aM1) 3o9m8 ge3ouoO Zl io4wnN OndO puo Io5wrN 100 ,mgWeN 1.8 141ed EO 1531091 A3N 61 1N39 al'311d H010-,Ita (Y) V .9=H 9 I 1 9 1.111 AL 1 I 0— .9-.061 .9-,OZZ .0-.ZLl .0-.999 = 9 31W83 11,1301S3ad 30In S111-1X3S'O OaOdNVS 3141 .3N5. 01101V 038115V3W .D-,L99E NOISSIWWOO N011V1210dSNV2il A1Nf10O 301S213Na ONV VINaOd11VO d0 31V.LS Z09L 11,131N935 3N11 ONV NOISIAICIMS ONIOINNa38 NVS ANVdWOO AVM11Va dSN8 Nolslnlovwao3nvo N33M139 41oz Aatlna83d 1N31413MOV 3ONVN3INIVIN 8 NOIlO(lalSNOO V Ol 03HOV11V 0310N SV;3IVOS xVxlI81HX3 Xl H1aOM1ao1 0 SL 05t Z 30 6 133HS AHAI-Id210d 1SV3 a NV AIJAHdHOd 1S3M SllWll (101) 3SN3011 N0110f1H1SN00 A2 M0c1W31 (Id/ l ands '151X3 ) ONIONVN83E NVS 01 ,OSt „t :31VOS 00£ OSt 13 OS YZY6OZ 1O1 AtJAHdNOd 1S3M 111301332,d 301A SOHX35'0 ONOdNVS NOISSIWW00 N011V12:10dSNVH1 A1Nf100 3OISIAAIN ONV VINUOd11V0 d0 31V1S ONV ANVd11100 AVMIIV?J dSN9 N33M139 1N30133tIOV NOI10f1a1SNOO V Ol 031-13V11V ,,tV., 11811-1X3 VO 'VNOl00 MJAHdU0d lV Z09L 1N3IND3S 3NI1 NOISIAIO68S ONIONVNi13S NVS NOISIAIO VINN0311V3 bIOZ HONVIN Xl 'H1NOM INOd Z 30 Z 133HS AHAHc1H0d 1Stf3 d Md /12:1AHd2:10d 1S3M S111A111 (101) 3SN3011 N0110fki1SN00 /121V1:10d►N31 ys 0"s) ONIOHVN138 NVS 01 ,051 = „l :31d0S i 00£ 05l AI/8 3SN8 13 OS 11b68 101 ABMWEIOd 1SV3 13 OS VZ1,60Z 131 AHAHd210d 1S3A 04, 0/ r. 0 SL 05l 1N3015321d 301A SI71-1X3S "0 OaOjNVS AI/N JSN8 NOISSIWW00 N011V12JOdSNVH1 A1Nf100 301S213ADJ ONV VIN2JOd11VO 30 31V1S ONV ANVdW00,1VM11V2J JSNB N33M138 1N31/433bOV N0110MkJ1SNOO V 01031-10V11V .1V» 118IHX3 VO `VN02100 AHAHd210d 1V O. S313ONV SO1 01 Z09L 1N3WO35 3NI1 NOISI MEMS ONMIVN838 NVS NOISIAIO VININCPA 1V0 140Z H021VW x1'H1NOM 1LlOj EXHIBIT B EASEMENT EASEMENT DEED FOR EAST PORPHYRY OVERHEAD (C&M Agreement) THIS EASEMENT FOR Highway Purposes ("Easement") is made and entered into as of the day of 20_ ("Effective Date"), by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Grantor"), and STATE OF CALIFORNIA, through its DEPARTMENT OF TRANSPORTATION ("Grantee"). A. Grantor owns or controls certain real property situated at or near the vicinity of East Porphyry, County of Riverside, State of California, at Mile Post 22.95, [Project # j, as described on Exhibit A2 and Exhibit A4, and depicted on Exhibit A3 and Exhibit A5 for the Aerial Parcels and as described on Exhibit B1 and B3 and depicted on B2 and B4 as Footing Parcels attached hereto and made a part hereof (the "Premises"). B. Grantor and Grantee have entered into that certain Construction and Maintenance Agreement dated as of concerning improvements on or near the Premises (the "C&M Agreement"). C. GRANTOR agrees to grant to GRANTEE, its successors and assigns an Easement over the Premises for purpose of operating a highway overpass over and above Grantor's property, subject to the reservations, covenants, terms and conditions set forth herein and more fully detailed in the previously referenced C&M Agreement. Grantee requires Easement for State highway purposes, a public use for which Grantee has the authority to exercise the power of eminent domain. Grantor is compelled to sell, and Grantee is compelled to acquire the Easement. In consideration of the foregoing recitals which are incorporated herein, the mutual promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Grantor does hereby grant to Grantee an easement for the construction, reconstruction, replacement, removal, inspection, maintenance, repair, and operating an overhead bridge and highway only for use as a public crossing at the location identified herein along with all necessary supporting columns, footings and appurtenances thereon (hereinafter collectively "Structure"). Structure shall be constructed, located, configured and maintained by Grantee, its successors and assigns in strict accordance with the terms of this Easement and the C&M Agreement. Structure and its use as a public crossing in accordance with this Easement and the C&M Agreement are compatible with railroad operations, within the meaning of California Code of Civil Procedure section 1240.510 so long as they do not impede railroad operations, create an undue safety risk, or interfere with Grantor's common carrier obligations as regulated by the Surface Transportation Board or by any successor agency. 2. Grantor further grants to Grantee the non-exclusive right of ingress to and egress from the Premises over and across Grantor's other property subject to advance notification and coordination with Grantor to ensure safety and the compatibility of Grantor's other property for such ingress and egress (which coordination by Grantor shall not be unreasonably withheld) and provided further that such right of ingress and egress shall be in accordance with the terms and provisions of the parties' separate C&M Agreement and any amendments thereto. 3. Reservations by Grantor. Grantor reserves, for itself, or to assign to third parties, the right, provided Grantor uses all commercially reasonable efforts to avoid material interference with the use of the Premises by Grantee for the Easement, including but not limited to the following: Page 1 of 5 (a) to install, construct, reconstruct, upgrade, maintain, renew, alter, repair, inspect, replace, use, operate, change, modify and relocate any existing pipe, power, communication, cable, or utility lines and appurtenances and other facilities or structures of like character (collectively, "Lines") upon, over, under or across the Premises; (b) to install, construct, maintain, renew, repair, replace, use, operate, change, modify and relocate any tracks or additional facilities or structures upon, over, under or across the Premises; and (c) to use the Premises in any manner as the Grantor in its sole discretion deems appropriate. 4. No Warranty of Any Conditions of the Premises. Grantee acknowledges that Grantor has made no representation whatsoever to Grantee concerning the state or condition of the Premises, or any personal property located thereon, or the nature or extent of Grantor's ownership interest in the Premises. Grantee has not relied on any statement or declaration of Grantor, oral or in writing, as an inducement to entering into this Easement, other than as set forth herein. GRANTOR HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, AS TO THE DESIGN OR CONDITION OF ANY PROPERTY PRESENT ON OR CONSTITUTING THE PREMISES, ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, THE QUALITY OF THE MATERIAL OR WORKMANSHIP OF ANY SUCH PROPERTY, OR THE CONFORMITY OF ANY SUCH PROPERTY TO ITS INTENDED USES. GRANTOR SHALL NOT BE RESPONSIBLE TO GRANTEE OR ANY OF GRANTEE'S CONTRACTORS FOR ANY DAMAGES RELATING TO THE DESIGN, CONDITION, QUALITY, SAFETY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY PROPERTY PRESENT ON OR CONSTITUTING THE PREMISES, OR THE CONFORMITY OF ANY SUCH PROPERTY TO ITS INTENDED USES. GRANTEE ACCEPTS ALL RIGHTS GRANTED UNDER THIS EASEMENT AGREEMENT IN THE PREMISES IN AN "AS IS, WHERE IS" AND "WITH ALL FAULTS" CONDITION, AND SUBJECT TO ALL LIMITATIONS ON GRANTOR'S RIGHTS, INTERESTS AND TITLE TO THE PREMISES. Grantee has inspected or will inspect the Premises, and enters upon Grantor's rail corridor and property with knowledge of its physical condition and the danger inherent in Grantor's rail operations on or near the Premises. Grantee acknowledges that this Easement does not contain any implied warranties that Grantee or Grantee's Contractors (as hereinafter defined) can successfully construct or operate the Improvements. 5. Nature of Grantor's Interest in the Premises. GRANTOR DOES NOT WARRANT ITS TITLE TO THE PREMISES NOR UNDERTAKE TO DEFEND GRANTEE IN THE PEACEABLE POSSESSION OR USE THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE. In case of the eviction of Grantee by anyone owning or claiming title to or any interest in the Premises, or by the abandonment by Grantor of the affected rail corridor, Grantor shall not be liable to refund Grantee any compensation paid hereunder. 6. Improvements. Grantee shall take, in a timely manner, all actions necessary and proper to the lawful establishment, construction, operation, and maintenance of the Improvements, including such actions as may be necessary to obtain any required permits, approvals or authorizations from applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of Page 2 of 5 existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee's sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee or Grantee's contractors or consultants must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner's written approval prior to so affecting the Other Improvements. Grantee or Grantee's contractors or consultants must mark all Other Improvements on the Plans and Specifications and mark such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the above -described premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises during the construction of the Structure. Said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and abate any and all hazard of fire. 7. Taxes and Recording Fees. Grantee shall pay all applicable escrow and recording fees incurred in this transaction, and if title insurance is desired by Grantee, the premium charged therefor. Any taxes applicable to this transaction shall be cleared and paid in the manner required by Section 5086 of the Revenue and Taxation Code, if unpaid at the close of escrow. 8. Compliance with Environmental Laws. Except where it is exempted, Grantee shall strictly comply with all federal and state environmental Laws in its use of the Premises, including, but not limited to, the Resource Conservation and Recovery Act, as amended (RCRA), the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the Toxic Substances Control Act (collectively referred to as the "Environmental Laws"). Grantee shall not maintain a "treatment," "storage," "transfer" or "disposal" facility, or "underground storage tank," as those terms are defined by Environmental Laws, on the Premises. Grantee shall not handle, transport, release or suffer the release of "hazardous waste" or "hazardous substances", as "hazardous waste" and "hazardous substances" may now or in the future be defined by any Environmental Laws. 9. Notice of Release. Grantee shall give Grantor immediate notice to Grantor's Resource Operations Center at (800) 832-5452 of any release of hazardous substances on or from the Premises, violation of Environmental Laws, or inspection or inquiry by governmental authorities charged with enforcing Environmental Laws with respect to Grantee's use of the Premises. Grantee shall use its best efforts to promptly respond to any release on or from the Premises. Grantee also shall give Grantor immediate notice of all measures undertaken on behalf of Grantee to investigate, remediate, respond to or otherwise cure such release or violation. 10. Remediation of Release or Violation caused by use of Easement. In the event that Grantor has notice from Grantee or otherwise of a release or violation of Environmental Laws which occurred or may occur during the term of this Easement, and which was caused by, contributed to, or Grantee or Grantee's contractor, Grantor may require Grantee, at Grantee's sole risk and expense, to take timely measures to investigate, remediate, respond to or otherwise cure such release or violation affecting the Premises. If during the construction or subsequent maintenance of the Structure, soils or other materials considered to be environmentally contaminated are exposed, Grantee will remove and safely dispose of said contaminated soils. Determination of soils contamination and applicable disposal procedures thereof, will be made only by an agency having the capacity and authority to make such a determination. Page 3 of 5 11. Preventative Measures. Grantee shall promptly report to Grantor in writing any conditions or activities upon the Premises known to Grantee which create a risk of harm to persons, property or the environment and shall take whatever action is necessary to prevent injury to persons or property arising out of such conditions or activities; provided, however, that Grantee's reporting to Grantor shall not relieve Grantee of any obligation whatsoever imposed on it by this Easement. Grantee shall promptly respond to Grantor's request for information regarding said conditions or activities. 12. Vacation. If the Easement or any portion thereof, shall cease to be needed for public crossing purpose, then the Grantee shall vacate such portion(s) of the Easement in accordance with any and all applicable State and Federal Laws. In addition, Grantee at Grantee's sole expense, shall demolish and remove the Structure in accordance with the then current standards of Grantor, including but not limited to engineering, land use and railroad operating standards, and with the terms and provisions of the C&M Agreement. 13 Tax Exchange. Grantee may assign its rights but not its obligations under this Easement to effect an exchange under applicable section(s) of the Internal Revenue Code. In such event, Grantor shall provide Grantee with a Notice of Assignment and Grantee shall execute an acknowledgement of receipt of such notice. 14. Notices. Any notice required or permitted to be given hereunder by one party to the other shall be delivered in the manner set forth in the C&M Agreement. Notices to Grantor under this Easement shall be delivered to the following address: BNSF Railway Company, Real Estate Department, 2500 Lou Menk Drive, Ft. Worth, TX 76131, Attn: Permits, or such other address as Grantor may from time to time direct by notice to Grantee. 15. Recordation. It is understood and agreed that this Easement shall be in recordable form and shall be placed on public record subject to changes required, if any, to conform such form to local recording requirements. 16. Miscellaneous. 16.1 All questions concerning the interpretation or application of provisions of this Easement Agreement shall be decided according to the substantive Laws of the State of California without regard to conflicts of law provisions. 16.2 If any action at law or in equity is necessary to enforce or interpret the terms of this Easement, the prevailing party or parties shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party or parties may be entitled. 16.3 If any provision of this Easement is held to be illegal, invalid or unenforceable under present or future Laws, such provision will be fully severable and this Easement will be construed and enforced as if such illegal, invalid or unenforceable provision is not a part hereof, and the remaining provisions hereof will remain in full force and effect. In lieu of any illegal, invalid or unenforceable provision herein, there will be added automatically as a part of this Easement a provision as similar in its terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable. 16.4 This Easement is the full and complete agreement between Grantor and Grantee except that in matters of coordination between Grantor and Grantee for construction and maintenance, the previously referenced C&M Agreement shall control in any area of conflict between the two. However, nothing herein is intended to terminate any surviving obligation of Page 4 of 5 Grantee or Grantee's obligation to defend and hold Grantor harmless in any prior written agreement between the parties. 17. Administrative Fees. Grantee acknowledges that a material consideration for this agreement, without which it would not be made, is the agreement between Grantee and Grantor, that the Grantee shall pay upon return of this Agreement signed by Grantee to Grantor's Broker a processing fee in the amount of $2,000.00 over and above the agreed upon Acquisition Price. Said fee shall be made payable to BNSF Railway Company by a separate check. Witness the execution of this Easement as of the date first set forth above. GRANTOR: BNSF RAILWAY COMPANY, a Delaware corporation By: Name: Title: THIS IS TO CERTIFY, that the State of California, acting by and through the Department of Transportation (pursuant to Government Code Section 27281), hereby accepts for public purposes the real property described in the within deed and consents to the recordation thereof. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 20 _. DIRECTOR OF TRANSPORTATION By Attorney in Fact Page 5 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS EXHIBIT A2 LEGAL DESCRIPTION Caltrans Parcel No. 22305-1 Permanent Aerial Easements APN's 115-050-014, 115-060-004, & 115-070-001 In the City of Corona, County of Riverside, State of California, being a portion of Section 30, Township 3 South, Range 6 West, San Bernardino Meridian, as said Section 30 is shown on map of Rancho El Sobrante De San Jacinto, recorded in Book 7, Page 10 of Maps, Records of San Bernardino County, being two (2) parcels described as follows: Parcel No. 1 Beginning at the most southerly corner of the land described as Parcel No. 2 (4741-2) in the Deed recorded December 08, 1987 to the State of California as Instrument No. 347946 of Official Records of said County, said corner being a point on the southerly line of that certain 16.86 acre parcel of land as described in the Deed dated September 1, 1897, to the Southern California Railway Company (predecessor in interest to the Atchison, Topeka and Santa Fe Railway Company), recorded October 2, 1897 in Book 62, Page 46 of Deeds, Records of said County; thence along said southerly line North 77°34'12" West 599.75 feet to a point thereon, said point being the beginning of a non - tangent curve concave northerly having a radius of 2,837.00 feet, to which point a radial line bears South 15°40'16" East; thence easterly along said curve 199.35 feet through a central angle of 04°01'34" to a point on the northerly line of the lands described in said deed to the Southern California Railway Company; thence South 77°34' 12" East 839.06 feet to a point thereon; thence South 72°03'03" West 39.38 feet to the beginning of a curve concave southerly having a radius of 2,483.58 feet; thence westerly along said curve 124.08 feet through a central angle of 02°51'45"; thence South 69°11'18" West 145.37 feet to a point on the southerly line of the land described in the Deed dated November 9, 1966, to the Atchison, Topeka and Santa Fe Railway Company, recorded M:\2PTG0105011SURVEYTEGALS\22305_APN_115-050-014_AT&SFEega1sk22305-1.doc 1/28/2014 Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS December 7, 1966, as Instrument No. 117348 of said Official Records; thence North 77°34'12" West 273.54 feet along last said southerly line to the most southerly corner of the land described as Parcel No. 1 (4741-1) in said Instrument No. 347946; thence along the southerly line of said Parcel No.1 the following two (2) courses: 1) North 74°11'31" East 68.32 feet to the beginning of a curve concave southerly having a radius of 2,985.00 feet; thence 2) Easterly along said curve 70.62 feet through a central angle of 1 °21'20" to the Point of Beginning. Containing 101,061 square feet. Parcel No. 2 Beginning at the northeasterly corner of that certain 10 foot wide strip of land described in the Deed dated November 20, 1984, to the Atchison, Topeka and Santa Fe Railway Company, recorded January 2, 1985, as Instrument No. 681 of Official Records of said County; thence North 77°34'12" West 218.90 feet along the northerly line of said strip of land to a point thereon, said point being the True Point of Beginning; thence North 77°34'12" West 101.24 feet continuing along said northerly line to a point thereon, said point being the beginning of a non -tangent curve concave westerly having a radius of 1,060.58 feet, to which point a radial line bears North 79°06'50" East; thence northerly along said curve 187.80 feet through a central angle of 10°08'44" to a point on the northerly line of the land described as Parcel No. 4 (4601-1) in the Deed to the State of California recorded December 08, 1987 as Instrument No. 347946 of Official Records of said County, thence South 77°34'12" East 110.55 feet along last said northerly line to a point thereon, said point being the beginning of a non -tangent curve concave westerly having a radius of 1,154.42 feet, to which point a radial line bears North 71 °59'42" East; thence southerly along said curve 172.07 feet through a central angle of 08°32'25"; thence South 08°20'16" East 11.45 feet to the True Point of Beginning. Containing 17,412 square feet. MA2PTG010501\SURVEYlLEGALS\22305_APN_115-050-014_AT&SF\Legals\22305-1.doc 1/28/2014 Page 2 of 3 3 6 8 9 10 11 12 13 14 15 16 17 1 19 20 21 22 23 24 25 26 27 28 29 30 31 PSOMAS See Exhibit A3 attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. Prepared under the direction of Brian E. Bullock, PLS 5260 Date MA2PTG0105011SURVEYlLEGALSk22305_APN_II5-050-014_AT&SPLegals\22305-1.doc 1/28/2014 Page 3 of 3 EXHIBIT A3 INDEX Ur 22305-1 PARCEL 2 SEE SHEET 4 1 E. 3RD STREET 0 LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( ) Title to State 1 1 1 1 1 Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. 22305-1 PERMANENT AERIAL EASEMENTS I FEET 0 400 800 1600 2400 PREPARED BY: P SOMA S DATE: 11-26-12 REV. 3: 01-28-2014 EA: FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 3 Hutton Centre Drive, Ste. 200 Santa Ana California 92707 (714)751-7373/(714)545-B883 (Fax) 8 RIV 91 7.2 1 4 EXHIBIT A3 PARCEL# TITLE AREA APN 22305-1 PCL 1 ESMT 101,061 SQ.FT. 115-050-014 & 115-060-004 22305-1 PCL 2 ESMT 17,412 SQ.FT. 115-050-014 & 115-070-001 CURVE DATA DELTA RADIUS LENGTH Cl 01°21'20" 2985.00' 70.62' s O j l5% O p5p,030 n rn 5- 1s r" 110.. 70 0:\ -' - - ' �--�- 9 �35 BK° 62, R;2gop1 3A i�• �^ S��°34'2,,E D'0 AT & S_ y0, S ��T - 839,p6, ?�,-' �0`j � � _ - PARCEL 1 6 _ 1_�_ (22305-1) e Pp° 46 3�5 1 , , N7 pds. N19 ° Pei ��- ' 7°34 W Sgg. ?� 1 Og W R —i 5 AY 3 N74° /\``_ FpN NG „� , M /w (n RIVERS' 2 91 RIVEC/L TAT'SC°32 �1�'= \ �` w .� �� ROE ` EEWpY �1 Vi° �� P.0:6 SIDE FR 0i1 1 N77° ' cL '. 9 3,0 RIVER '' 27354' i 3, g1 ROUTE 026 ` , 024 115�060/ /i� � 115-060 / • •i, / / �./ Sr CTl ON 30 LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing RANCHO EL 90'1:MaN`F DE SAN JA C 1 NTO ( ) Title to State J l I I I Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 3 0 5- 1 PERMANENT AERIAL EASEMENTS distances. All distances are in feet unless otherwise noted. I FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 (714)751n 7373/(7114)545-8883 (Fax) DATE: 11-26-12 REV. 3: 01-28-2014 EA: FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO.TOTAL SHEETS 8 R I V 91 7.2 2 4 EXHIBIT A3 PARCEL# TITLE AREA APN 22305-1 PCL 1 ESMT 101,061 SQ.FT. 1 1 5-050-014 & 1 1 5-060-004 22305-1 PCL 2 ESMT 17,412 SQ.FT. 115-050-014 & 115-070-001 CURVE DATA DELTA RADIUS LENGTH C1 01°21'20" 2985.00' 70.62' REEW P� pE FREEWAY N SIpE F RIVERSI 3s0 vER g1 INS R I ROIL 5� AT ION g 91 R00TE 0 s -..._ 1 �,22305-1� 6 S?�°34/ w PARCEL 1 315 2„E w _ _ $39° 06 (r) a,—N BK. 62 T & SF /mil'>.__-__ w�� \ PAL N,.., s F 7 '—_ _ _—�_ 111.11:111 ilalik. J /1 �� , „� �; .. N14°27'09"W(R) p-. 46 ,• 9 S.3°03 01 321 `.. i __--_ aS. ' , 03"11 I4 • ./ N77 34C 1 �, , W 4-0 083 08" ` _I_ / �\\r ��.y' 3S 8 -- - \MOST S'LY COR. 1 17 q FOR._ ' — — _ PARCEL NO. 2 _ INST. NO. 347946,, O.R. 060,024 115_ �`— � Srr71DNJ _�` RANCHO EL SOFIRANTr LEGEND JAc1N-1'0 POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing DE SAN ( )Title to State 11 1 II Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 3 0 5- 1 PERMANENT AERIAL EASEMENTS distances. All distances are in feet unless otherwise noted. I FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santo (714)751Ana, 7373/(714154598883 (Fax) DATE: 11-26-12 REV. 3: 01-28-2014 EA: FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 7.2 3 4 EXHIBIT A3 PARCEL# TITLE AREA APN 22305-1 PCL 1 ESMT 101,061 SQ.FT. 1 1 5-050-01 4& 1 1 5-060-004 22305-1 PCL 2 ESMT 17,412 SQ.FT. 115-050-014 & 115-070-001 - _ AT & SF �\ p6,,��Fk \ Pr,/ \ z m o D co --A rm „��Rl S77034'7 , o 5pl q2 110,55 E N1 � rV PARCEL 2 rV _ _ - _ _ v j\JJ,\ �+ `�`�o (22305-1) `1,jCS% N \\ gK�� \-r 0 62' —_ 0o o ._, ;_+1 JlJ" r'\ J�Jr o ` sN N O 1 ___ - A/ \ J co> �' oN rn 1 ' f J'" \ J� f� J �0 D 'N_`s`. 1 _ 9 PG`_469 Das� — _ _ ' NE'LY COR. 1 1): q - _ 1 ` __ _ 1o�Lp — INST. NO. 681, O.R. P.O.B. _ T.PI.O,B, - 1 PARCEL 2 N�9a p6 50 `- ��p�b N7 PARCEL 2 1— ' -� _ 7 34'p 2 _ N77 3-24, _ __ W 12W Ij\Jsr, EO rl Jul :30 68J y ENO., RANCHO r I SOEIR NTri DE' SAN JAC J NTO ,$) - _ 21g�90,'- --____ --- - - -_ ---- fv, LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( ) Title to State I I I I [Access Prohibited - NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 3 0 5- 1 PERMANENT AERIAL EASEMENTS distances. All distances are in feet unless otherwise noted. I FEET 0 40 80 160 240 PREPARED BY: PSOMAS Santa Drive,on Centre na, California9200 2707 San (714)751-7373/(714)595-8883 (Fax) DATE: 11-26-12 REV. 3: 01-28-2014 EA: FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 7. 2 4 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS EXHIBIT A4 LEGAL DESCRIPTION Caltrans Parcel No. 22738-1 Permanent Aerial Easement APN 115-070-036 In the City of Corona, County of Riverside, State of California, being a portion of Section 30, Township 3 South, Range 6 West, San Bernardino Meridian, as said Section 30 is shown on map of Rancho El Sobrante De San Jacinto, recorded in Book 7, Page 10 of Maps, Records of San Bernardino County, also being a portion of that certain strip of land, 10.00 feet wide, described in the Deed dated November 20, 1984, to the Atchison, Topeka and Santa Fe Railway Company, recorded January 2, 1985, as Instrument No. 681 of Official Records of Riverside County, being described as follows: Beginning at the northeasterly corner of said strip of land; thence North 77°34'12" West 218.90 feet along the northerly line thereof to a point thereon, said point being the True Point of Beginning; thence North 77°34'12" West 101.24 feet continuing along said northerly line to a point thereon, said point being the beginning of a non -tangent curve concave westerly having a radius of 1,060.58 feet, to which point a radial line bears North 79°06'50" East; thence southerly along said curve 10.87 feet through a central angle of 00°35'13" to a point on the southerly line of said strip of land; thence South 77°34'12" East 100.78 feet along said southerly line to a point thereon; thence North 08°20'16" West 10.69 feet to the True Point of Beginning. Containing 1,010 square feet. See Exhibit A5 attached hereto and made a part hereof. MA2PTG010501 \ SURVEY \LEGALS\22738_APN_ 115-070-036U.egals\22738-1.doc 2/4/2014 Page 1 of 2 1 3 4 5 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. Prepared under the direction of Brian E. Bullock, PLS 5260 2- ©4 -4 Date M: 2 P1'6010501 \SURVEY\LEGALS\22738_APN_ l 15-070-036\Legals122738-1.doc 2/4/2014 Page 2 of 2 EXHIBIT A5 INDEX .?fly SECTION 3o h DP o �'� J� RAAITr � E. 3RD STREET 922 CINTO __ QUARRY STREET in r- LA 0 CD 73 D Z m A O a 0 LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( ) Title to State 1 1 1 1 1 Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. 22738-1 PERMANENT AERIAL EASEMENT I FEET 0 400 800 1600 2400 PREPARED BY: PS O M A S DATE: 11-26-12 REV. 2: 02-04-14 EA: FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 3 Hutton Centre Drive, Ste. 200 Santa Ana, California 92707 (714)751-7373/(714)545-8883 (Fox) 8 RIV 91 7.2 1 2 EXHIBIT A5 PARCEL# TITLE AREA AP 22738-1 ESMT 1010 SQ.FT. 115-070-036 _ _� AT \ \ & SF \RR Riw \\ \ \ 1 P�- ND \ J \ f ,r 1 Ns --r , — y � `�J, \,„ \ _ 9O p6 5p EIR) L=10• RN 106ly.�000 , a'Dj 13 87 o ,p3'EO N79 42 SECTION 30 i ANr.,J-JJ r L SOSRANTE Dr SAN JAC J ,--, o w N ., / _ I \ \ 1 1 \ \ \\ N 101 z m un D m ut \ \ \ 1 \ 1 \ 212 4� r- 3• 78' 9'12„ E QD _ \ — \ BK• \ \ 162 PG_ 9 •469 _ _ NE'LY COR. _ — — _ - - _ \ 22738-1�\ INST. NO. 681, O.R. P.O.B. - - W\ T.P.O.B\�\ ` 100 S77o NTO _ 21 _ — B•90' - ------ iIjJJ ' --- J fi J -�� /V77o31 — _ �� 4 12 W � ll�� o , Ns. -1- a'oo ., �0_9- .2.J 7 6 LEGEND POB Indicates Point Of TPOB Indicates True Point (R) Indicates Radial Beginning Of Beginning Bearing ( ) Title to State 1 1 I I I Access Prohibited NOTES 2 2 7 3 8- 1 PERMANENT AERIAL EASEMENT I Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances ore in feet unless otherwise noted. FEET 0 40 80 160 240 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 (714)751Ana, 7373/1714)54598883 (Fax) DATE: 11-26-12 REV. 2: 02-04-14 EA: FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 7. 2 2 2 22738-1.txt Lot Report Lot File: P:\2PTG010501\SURVEY\MAPCHECK\22738.1ot CRD File: P:\2PTG010501\SURVEY\MAPCHECK\X-BNDY-MASTER_Parcels.crd LOT 22738-1 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting 4776 2265665.53 6168306.17 N 77°34'12" W 101.24 4775 2265687.33 6168207.31 Radius: 1060.58 Length: 10.87 Chord: 10.87 Delta: 0°35713" Chord BRG: S 10°35'33" E Rad-In: S 79°06'50" W Rad-out: S 79°42'03" W Radius Pt: 4718 2265487.03,6167165.81 Tangent: 5.43 Dir: Right Tangent -In: S 10°53'10" E Tangent -Out: S 10°17'57" E Non Tangential -In Non Tangential -out 4715 2265676.65 6168209.30 S 77°34'12" E 100.78 4716 2265654.95 6168307.72 N 08'20'16" W 10.69 4776 2265665.53 6168306.17 Closure Error Distance> 0.0000 Total Distance> 223.58 Area: 1010 Sq. Feet, 0.023 Acres Block 1 Total Area: 1010 Sq. Feet, 0.023 Acres Page 1 PSOMAS EXHIBIT `BF LEGAL DESCRIPTION Caltrans Parcel No. 22305-2 Permanent Footing Easements APN 115-060-004, 115-050-014 In the City of Corona, County of Riverside, State of California, being a portion of Section 30, Township 3 South, Range 6 West, San Bernardino Meridian, as said Section 30 is shown on map of Rancho El Sobrante De San Jacinto, recorded in Book 7, Page 10 of Maps, Records of San Bernardino County, being ten (10) parcels described as follows: Parcel 1 Beginning at the most northerly corner of the land described as Parcel No. 3 (4741-3) in the Deed to the State of California recorded December 08, 1987 as Instrument No. 347946 of Official Records of said County, said corner being on the northerly line of that certain 16.86 acre parcel of land described in the Deed dated September 1, 1897, to the Southern California Railway Company (predecessor in interest to the Atchison, Topeka and Santa Fe Railway Company), recorded October 2, 1897 in Book 62, Page 46 of Deeds, Records of said County; thence South 77°34'12" East 37.42 feet along the northerly line of said Parcel No. 3 and said lands of Southern California Railway Company to a point thereon, said point being the True Point of Beginning; thence South 54°09'57" East 17.77 feet to a point hereinafter referenced as Point "A"; thence South 35°50'03" West 19.00 feet; thence North 54°09'57" West 61.66 feet to a point on the northerly line of said lands of Southern California Railway Company, said point being North 77°34'12" West 10.41 feet of said most northerly corner; thence South 77°34'12" East 47.83 feet along said northerly line to the True Point of Beginning. Containing 755 square feet. MA2PTG010501\SURVEY\LEGALS\22305_APN_115-050-014 AT&SF\L.egals\22305-2.doc 1/28/2014 Page 1 of 6 PS OMAS Parcel 2 Beginning at said Point "A" of Parcel 1 as said parcel is described herein; thence South 27°28'52" East 6.16 feet to the True Point of Beginning; thence South 77°34'02" East 49.25 feet; thence South 12°25'58" West 17.50 feet; thence North 77°34'02" West 49.25 feet; thence North 12°25'58" East 17.50 feet to the True Point of Beginning. Containing 862 square feet. Parcel 3 Beginning at the most easterly corner of the land described as Parcel No. 2 (4741-2) in the Deed to the State of California recorded December 08, 1987 as Instrument No. 347946 of Official Records said County, said corner being on the northerly line of that certain 16.86 acre parcel of land described in the Deed dated September 1, 1897, to the Southern California Railway Company (predecessor in interest to the Atchison, Topeka and Santa Fe Railway Company), recorded October 2, 1897 in Book 62, Page 46 of Deeds, Records of said Riverside County; thence North 77°34'12" West 278.97 feet along said northerly line to a point thereon, said point being the True Point of Beginning; thence South 71°37'15" West 58.80 feet; thence North 77°38'41" West 22.00 feet; thence North 12°21'19" East 22.00 feet; thence North 71°37'15" East 15.90 feet to a point on said northerly line; thence South 77°34'12" East 58.87 feet along said northerly line to the True Point of Beginning. Containing 1,368 square feet. Parcel 4 Beginning at the most easterly corner of the land described as Parcel No. 2 (4741-2) in the Deed to the State of California recorded December 08, 1987 as Instrument No. 347946 of Official Records said County, said corner being on the northerly line of that M:12PTG010501 \SURVEY\LEGALS\22305_APN_115-050-014_AT&SF\Legals\22305-2. doc 1/28/2014 Page 2 of 6 PSOMAS certain 16.86 acre parcel of land described in the Deed dated September 1, 1897, to the Southern California Railway Company (predecessor in interest to the Atchison, Topeka and Santa Fe Railway Company), recorded October 2, 1897 in Book 62, Page 46 of Deeds, Records of said Riverside County; thence South 77°34'12" East 114.49 feet along said northerly line to a point thereon; thence South 72°03'03" West 23.84 feet to the True Point of Beginning; thence South 72°03'03" West 15.54 feet to the beginning of a curve concave southerly having a radius of 2,483.58 feet; thence southwesterly along said curve 21.42 feet through a central angle of 00°29'39"; thence North 77°09'13" West 128.23 feet; thence North 79°06'52" West 25.45 feet; thence North 77°34'21" West 144.46 feet; thence North 12°25'39" East 19.00 feet; thence South 77°34'21" East 144.46 feet; thence South 79°06'48" East 25.46 feet; thence South 77°09'13" East 160.06 feet to the True Point of Beginning. Containing 5,966 square feet. Parcel 5 Beginning at the most westerly corner of the land described as Parcel No. 3 (4741-3) in the Deed to the State of California recorded December 08, 1987 as Instrument No. 347946 of Official Records said County, said corner being on the southerly line of that certain 16.86 acre parcel of land described in the Deed dated September 1, 1897, to the Southern California Railway Company (predecessor in interest to the Atchison, Topeka and Santa Fe Railway Company), recorded October 2, 1897 in Book 62, Page 46 of Deeds, Records of said Riverside County; thence South 77°34'12" East 63.23 feet along said southerly line to a point thereon, said point being the True Point of Beginning; thence North 12°26'04" East 14.20 feet; thence South 77°33'56" East 54.83 feet; thence South 12°26'04" West 14.19 feet to a point on said southerly line; thence North 77°34' 12" West 54.83 feet along said southerly line to the True Point of Beginning. Containing 778 square feet. MA2PTG010501 \SURVEYEEGALS\22305_APN_115-050-014_AT&SF\Legals\22305-2.doe 1/28/2014 Page 3 of 6 PS OMAS Parcel 6 Beginning at the most westerly corner of the land described as Parcel No. 3 (4741-3) in the Deed to the State of California recorded December 08, 1987 as Instrument No. 347946 of Official Records said County, said corner being on the southerly line of that certain 16.86 acre parcel of land described in the Deed dated September 1, 1897, to the Southern California Railway Company (predecessor in interest to the Atchison, Topeka and Santa Fe Railway Company), recorded October 2, 1897 in Book 62, Page 46 of Deeds, Records of said Riverside County; thence South 77°34'12" East 263.65 feet along said southerly line to a point thereon, said point being the True Point of Beginning; thence North 71°37'15" East 57.77 feet; thence South 18°22'45" East 34.45 feet to a point on said southerly line; thence North 77°34'12" West 67.26 feet along said southerly line to the True Point of Beginning. Containing 995 square feet. Parcel 7 Beginning at the most southerly corner of the land described as Parcel No. 2 (4741-2) in the Deed to the State of California recorded December 08, 1987 as Instrument No. 347946 of Official Records said County; thence North 77°34'12" West 40.48 feet along the southerly line of said Parcel No. 2 to a point thereon; thence North 30°13'51" East 16.23 feet; thence South 59°46'09" East 92.00 feet to a point hereinafter referenced as Point `B"; thence South 30°13'51" West 19.00 feet; thence North 59°46'09" West 68.66 feet to a point on the general southeasterly line of Parcel No. 1 (4747-1) as said parcel is described in said deed; said point also being the beginning of a non -tangent curve concave southerly having a radius of 2,985.00 feet, to which point a radial line bears North 14°51'51" West; thence easterly along said general southeasterly line and said curve 21.45 feet through a central angle of 00°24'42" to the Point of Beginning. Containing 1,518 square feet. MA2PTG010501\SURVEY\LEGALS\22305 APN_115-050-014_AT&SF\Legals\22305-2.doe 1/28/2014 Page 4 of 6 PS OMAS Parcel No 8 Beginning at said Point `B" of Parcel 7 as said parcel is described herein; thence South 24°34'57" East 21.96 feet to the True Point of Beginning; thence South 70°48'42" East 71.08 feet; thence South 19°11'18" West 20.00 feet; thence North 70°48'42" West 71.08 feet; thence North 19°11'18" East 20.00 feet to the True Point of Beginning. Containing 1,422 square feet. Parcel 9 Beginning at the most northerly corner of the land described as Parcel No. 4 (4601-1) in the Deed to the State of California recorded December 08, 1987 as Instrument No. 347946 of Official Records of said County, thence South 77°34'12" East 292.01 feet along the northerly line of said Parcel No. 4 to a point thereon, said point being the True Point of Beginning; thence South 77°34'12" East 43.00 feet continuing along said northerly line to a point thereon; thence South 12°25'39" West 27.12 feet; thence North 77°34'21" West 43.00 feet; thence North 12°25'39" East 27.13 to the True Point of Beginning. Containing 1,166 square feet. Parcel 10 Beginning at the northeasterly corner of that certain 10 foot wide strip of land described in the Deed dated November 20, 1984, to the Atchison, Topeka and Santa Fe Railway Company, recorded January 2, 1985, as Instrument No. 681 of Official Records of said County; thence North 77°34'12" West 247.25 feet along the northerly line of said strip of land to a point thereon, said point being the True Point of Beginning; thence North 77°34'12" West 23.09 feet continuing along said northerly line to a point thereon; thence MA2PTG010501\SURVEY\LEGALS\22305_APN_115-050-014_AT&SRLegals\22305-2.doc 1/28/2014 Page 5 of 6 PSOMAS North 80°31'27" East 21.43 feet; thence South 09°28'33" East 8.62 feet to the True Point of Beginning. Containing 92 square feet. See Exhibit 'B2' attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. Prepared under the direction of 1-28-4 Brian E. Bullock, PLS 5260 Date IVIA2PTG010501\SURVEYNLEGALS\22305_APN_115-050-014_AT&SF\Legals\22305-2.doc 1120014 Page 6 of 6 EXHIBIT B2 INDEX W • 22305-2 0 PARCELS 1, 2, 5 & 6 SEE SHEETS 2 & 4 0051" y E. 3RD STREET z � F REEW ° v m u - l 22305-2 PARCEL 9 SEE SHEET 7 :AR" STREET�22305-20PARCELS 7 & SEE SHEETS 3 & 6 Z 0 a 0 LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing Title to Stote 1 1 1 1 1 Access Prohibited ) 22305-2 PARCEL 10 SEE SHEET 7 NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. 22305-2 PERMANENT FOOTING EASEMENTS 1 FEET 0 400 800 1600 2400 PREPARED BY: PS O M A S DATE: 11-26-12 REV. 3: 01-28-2014 EA: FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 3 Hutton Centre Drive, Ste. 200 Santa Ana, California 92707 (714)751-7373/(714)545-8883 (Fax) 8 RIV 91 7.2 1 7 EXHIBIT B2 PARCEL# TITLE AREA APN 22305-2 PCL 1 ESMT 755 SQ.FT. 115-060-004 22305-2 PCL 2 ESMT 862 SQ.FT. 115-060-004 22305-2 PCL 5 ESMT 778 SQ.FT. 115-060-004 22305-2 PCL 6 ESMT 995 SQ.FT. 115-060-004 MOS-T,N'LY-OR. OF PARCEL" A0. 3` 4741-3) INST. NO. 3`4J946 j-Q.R. MOST W'LY COR. OF � ", PARCEL NO. 3 (4741-3) / INST. NO. 347946, O.R. / SEE SHEET 4 T.P.O.B. PARCEL 1 FOR DETAIL "A" PARCEL 1 22305-2 T.P.O.B. PARCEL 2 _,- �, . —'-' -' PARCEL 2 i _ 1 BK. 62_ -' � 22305-2 ,- -- A%& SF�� _ %' P-. 46 ids in --. \\�, �__ 'w �/7 T.P.O.B. 22305-2 0 ' PARCEL 5 3 _ _ /...... N PARCEL 5 2 T.P.O.B. PARCEL 6 � � FREEWp,Y 3,o ,/ ` ..' `w - .. pp vCRS'DE 9 91 RI/ . 22305-2 ROUE • ♦♦ SECTION 30 ( PARCEL 6 \! /./', \� / LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing RANCHO EL uOnRANTr DE SAN JACI NTO ( ) Title to State I I I I I Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 3 0 5- 2 PERMANENT FOOTING EASEMENTS distances. All distances are in feet unless otherwise noted. ( FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santo (714)751- 7373/(7114)545-S883 (fax) DATE: 11-26-12 REV. 3: 01-28-2014 EA: FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 7.2 2 7 EXHIBIT B2 PARCEL# TITLE AREA APN 22305-2 PCL 3 ESMT 1368 SQ.FT. 115-050-014 22305-2 PCL 4 ESMT 5966 SQ.FT. 115-050-014 22305-2 PCL 7 ESMT 1518 SQ.FT. 115-050-014 22305-2 PCL 8 ESMT 1422 SQ.FT. 115-060-004 .� ..' REEW P,Y E F PARCEL 3 IvERSID (22305-2 9� R tso Rov r E 9 T.P.O.B. PARCEL 4 PARCEL 3 6 22305-2 1 MOST E'LY COR. SEE SHEET 5 PARCEL NO. 2 �- FOR DETAIL INST. NO. 347946, O.R. N ill— T.P.O.B. _ w 3-15 \ v '� -__ � PARCEL 4 _ �� —� cn �,,� BK. � �\ w ' 62, x C/ W —� ` J� �. '- -� � 7q.�,, to `` ` / \ PG PARCEL 7 T.P.O.B. 46 _ :, PARCEL 8 ' �dS ` — — — i . \ �� �� Alliklir \ S'LY COR. �ARCEL /MOST �� , NO. 2 % i �� -- 1NST�1�01./47946, O.R.• Wow ,� „�- -, • �� PARCEL 7 ' — _ \�// _ , �.. i 22305-2) - PARCEL 8 SEE SHEET 6 ,,, SECTION 3Q ,,- �\ FOR DETAIL D .. RANCHO EL SOERANTE LEGEND\ JACI NTO POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing Jr SAN ( )Title to State J I I I I Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 3 O 5- 2 PERMANENT FOOTING EASEMENTS distances. All distances are in feet unless otherwise noted. i FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santo (714)751Ana, 7373/(714)545-8803 (Fax) DATE: 11-26-12 REV. 3: 01-28-2014 EA: FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO.TOTAL SHEETS 8 R I V 91 7. 2 3 7 EXHIBIT B2 DETAIL P.O.B. PCL 1 MOST N'LY COR. OF PCL NO. 3 (4741-3) INST. NO. 347946, O.R. L1 MOST W'LY COR. OF PCL NO. 3 (4741-3) INST. NO. 347946, O.R., PARCEL 1 (22305-2 46 T.P.O.B. PCL 1 L4 POINT "A" L L10 PARCEL 5 22305-2) PCL 5 PCL NO. 3 3-'r'7r-46 LINE DATA BEARING DISTANCE L1 S77°34'12"E 10.41' L2 S77° 34'12"E 37.42' L3 S77° 34'1 2"E 47.83' L4 S54°09'57"E 17.77' L5 S35°50'03"W 19.00' L6 N54°09'57"W 61.66' L7 S77° 34'02"E 49.25' LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( ) Title to State 1 1 1 1 1 Access Prohibited L14 PARCEL 2 22305-2) L8 L9 �/ PARCEL 6 (22305-2 AT & SF BK. 62, PG. 46, Dds. T.P.O.B. PCL 6 L16 DETAIL "A" NOT TO SCALE LINE DATA BEARING DISTANCE L8 S12°25'58"W 17.50' L9 N77°34102"W 49.25' L10 N12°25'58"E 17.50' L11 S77°34'12"E 63.23' L12 N12°26'04"E 14.20' L13 S77°33'56"E 54.83' L14 S12°26'04"W 14.19' L15 N77°34'12"W 54.83' L16 S77°34'12"E 263.65' L17 N71°37'15"E 57.77' L18 S18°22'45"E 34.45' L19 N77°34'12"W 67.26' L19 NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. 22305-2 PERMANENT FOOTING EASEMENTS PREPARED BY: PS O M A S DATE: 11-26-12 REV. 3: 01-28-2014 EA: FAQ: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 3 Hutton Centre ()rive, Ste. 200 Santa Ana, California 92707 (714)751-7373/(714)545-8883 (Fax) 8 RIV 91 7.2 4 7 EXHIBIT B2 C ) DETAIL LINE TABLE BEARING DISTANCE L20 S71 °37'1 5"W 58.80' L21 N77° 38'41 "W 22.00' L22 N12°21'19"E 22.00' L23 N71 °37'1 5"E 1 5.90' L24 S77°34'12"E 58.87' 91 L23 L22 L21 BK. 62, PG. 46, Dds. DETAIL 0 °1'1/4 L24 22305-2) PARCEL 3 SCALE: 1" = 50' MOST E'LY COR. PARCEL NO. 2 INST. NO. 347946, O.R. T.P.O.B. PCL 3 P.O.B. PCL'S 3 & 4 N77° 34'1 2"W 278.97' / / / 'l / / l�0 AD CURVE DATA DELTA RADIUS LENGTH C1 00°29'39" 2483.58' 21.42' S79°06'48"E 25.46' PARCEL 4 22305-2 MOST E'LY COR. PARCEL NO. 2 INST. NO. 347946, O.R. P.O.B. PCL S 3 & 4 S77° 34'1 2"E 1 14.49' S (7°34'21 "E 1 44.46' --S77°09'13"E 160.06' \,2 144.46' 1-- o N77° 34'21 "W rn PGL NO, 2 � ---- 347946 -- i LEGEND ----- 1 28.23' N77°09'13"W 25.45' N79°06'52"W BK. 62, PG. 46, Dds. DETAIL "C" POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing Title to State 1 1 1 1 1 Access Prohibited SCALE: 1 " = 50' RADIAL TABLE BEARING R1 N 1 8° 26'36"W R1 Cl T.P.O.B PCL 4 LINE TABLE BEARING DISTANCE L25 L26 L27 S72°03'03"W S72°03'03"W S72°03'03"E 23.84' 15.54' 39.38' NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. I 22305-2 PERMANENT FOOTING EASEMENTS FEET 0 25 50 100 150 PREPARED BY: PS O M A S 3 Hutton Centre Drive, Ste. 200 Santa Ana California 92707 (714)751-73734 714)545-8883 (Fax) DATE: 11-26-12 REV. 3: 01-28-2014 EA: FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 RIV 91 7.2 5 7 EXHIBIT B2 DETAIL ROUE g 1 1 RtvERSIpE 3Z 5 F REo pY 6 1 eK, s SF R.R.- 2, P�. Riyy q6 N�q° , DdS� �� 27 09 w(R J, l ids L30 PARCEL 7 22305-2) P.O.B. PCL 7 L29 MOST S'LY COR. PARCEL NO. 2 --INST. NO. 347946, O.R. 1 SECTION 30 I / RANCHO EL SOSRANTr /l \ DE SAN JACINTO CURVE DATA DELTA RADIUS LENGTH C2 00°24'42" 2985.00' 21.45' LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( ) Title to State 1 1 1 1 1 Access Prohibited — — — — POINT HB" L34 PARCEL 8 DETAIL "D" SCALE: 1" = 50' T.P.O.B. PCL 8 36 i �i LINE TABLE BEARING DISTANCE L29 N77°34'12"W 40.48' L30 N30° 1 3'51 "E 1 6.23' L31 S59°46'09"E 92.00' L32 S30° 1 3'51 "W 1 9.00' L33 N59°46'09"W 68.66' L34 S24°34'57"E 21.96' L35 S70°48'42"E 71.08' L36 S19°11118"W 20.00' L37 N70°48'42"W 71.08' L38 N1 9° 1 1 '1 8"E 20.00' NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. 22305-2 PERMANENT FOOTING EASEMENTS 1 FEET 0 25 50 100 150 PREPARED BY: PS O M A S DATE: 11-26-12 REV. 3: 01-28-2014 EA: FM*: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 3 Hutton Centre Drive, Ste. 200 Santa Ana, California 92707 (714)751-73734714)545-8883 (Fax) 8 RIV 91 7.2 6 7 EXHIBIT B2 PARCEL# TITLE AREA APN 22305-2 PCL 9 ESMT 1166 SQ.FT. 115-040-001 22305-2 PCL 10 ESMT 92 SQ.FT. 115-040-001 Hi z --I LINE TABLE MOST N'LY COR. 7-1 BEARING DISTANCE PARCEL NO. 4 73 INST. NO. 347946, O.R. C/1 L38 L39 N77° 34'21 "W N12°25139"E 43.00' 27.13' o -3> PAR 9 T.P.O.B. N Fl PARCEL PARCEL 9 _ _ _ S77°34 �2,,,.. 2g2°01 CS - S \ - -, Aia ��°34, , \ AT & SF \ PARCEL 9 L3g 43p�0, E \ \ Pr \\ 22305-2 I 11116/0„,j20 ��J� 25'3 ,,J,\9 \L38 1 \ 27'�2' W — J -`�-' \ \ 1 6, Dos. _ -- _ \ 1 \ , _ - - - 1 1 1 5p9° 28'33 1E \ NE'LY COR. N80°i1'2? E \ 8.62 \ _ _ 21 �43 \ - II T.P.O.B. �_ INST. NO. 681, O.R. �\,.- ____ ti PARCEL 10 P.O.B. _ A►� �. N7° l _ NTT23 092 w - _ _ ? 34'i2,,W 2q7° _ _ _ PARCEL 10 _ _ _ _ 25, _ (2305-2 /Aisr - _ _ PARCEL 10 6a f No SrCTlOil 30 y JJf�: RANCHO EL SO8R.A \1Tr Or SAN JAC J NTO � LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( ) Title to State I I I I 1 Access Prohibited NOTES 1 Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide 0.99997476 to obtain 2 2 3 U 5- 1 PERMANENT AERIAL EASEMENTS by ground I distances. All distances are in feet unless otherwise noted. FEET 0 40 80 160 240 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 (714)751-7373/(714)545-8883 (Fax) DATE: 11-26-12 REV. 3: 01-28-2014 EA: FA*: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 7.2 7 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS EXHIBIT B3 LEGAL DESCRIPTION Caltrans Parcel No. 22738-2 Permanent Footing Easement APN 115-070-036 In the City of Corona, County of Riverside, State of California, being a portion of Section 30, Township 3 South, Range 6 West, San Bernardino Meridian, as said Section 30 is shown on map of Rancho El Sobrante De San Jacinto, recorded in Book 7, Page 10 of Maps, Records of San Bernardino County, also being a portion of that certain strip of land, 10.00 feet wide, described in the Deed dated November 20, 1984, to the Atchison, Topeka and Santa Fe Railway Company, recorded January 2, 1985, as Instrument No. 681 of Official Records of Riverside County, being described as follows: Beginning at the northeasterly corner of said strip of land; thence North 77°34'12" West 247.25 feet along the northerly line thereof to a point thereon, said point being the True Point of Beginning; thence North 77°34'12" West 23.09 feet continuing along said northerly line to a point thereon, thence South 80°31'27" West 19.57 feet; thence South 09°28'33" East 2.91 feet to a point on the southerly line of said strip of land; thence South 77°34'12" East 44.19 feet along said southerly line to a point thereon; thence North 09°28'33" West 10.78 feet to the True Point of Beginning. Containing 365 square feet. See Exhibit B4 attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. M:12PTG010501\SURVEY\LEGALS\22738_APN_ 115-070-036\Legals\22738-2.doc 2/4/2014 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS Prepared under the direction of Brian E. Bullock, PLS 5260 Date 2 4 -4 M A2 PTG010501 \SURVEY\LEGA LS\22738_APN_115-070-036\Legals\22733-2. doc 2/4/2014 Page 2 of 2 EXHIBIT B4 C ) INDEX Lu jL 3, 0 E. 3RD STREET QUARRY STREET m LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing Title to State l I l l I Access Prohibited 0 D O NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. 22738-2 PERMANENT FOOTING EASEMENT I FEET 0 400 800 1600 2400 PREPARED BY: PS O M A S 3 Hutton Centre Drive, Ste. 200 Santa Ana California 92707 (710751-7373/(714)545-8883 (Fax) DATE: 11-26-12 REV. 2: 02-04-14 EA: FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 RIV 91 7.2 1 2 EXHIBIT B4 PARCEL# TITLE AREA APN 22738-2 ESMT 365 SQ.FT. 115-070-036 i o s- u° ;� l 01 ("111111111101111 Ln o oN u3 1-6— AT`& N -,1 lir o Q cry °_ D � � -N m SF RR Rzw 1 Poi_ (3 Noa ��\15 3f f �48 , 1 N77°34'12"W 23.09' --- , 4f l'l�j,' � \ t N77°34 �2' W 24 70 23 68 i -NO J 1 y J F� J sr0-rJ DN 3O RANCHO r I r 1 J� �AN B• , SOSRANTr JAB 1 N _ C'2' PG. �- 4a Das° NE'LY COR. - _ 22738-2) T.P.O.B. INST. NO. 681, O.R. P.0.8. — �_ z Z o -- ,, tO � �� c, �, D —j m u, 6' -- — _ — _ rD LEGEND POB Indicates TPOB Indicates (R) Indicates Point Of Beginning True Point Of Beginning Radial Bearing State Prohibited ( ) Title to III I ( Access NOTES 2 2 7 3 8- 2 PERMANENT FOOTING EASEMENT Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. FEET 0 25 50 100 150 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200Santa no California 92707 (7)4)7517373/(714)54S-8883 (Fax) DATE: 11-26-12 REV. 2: 02-04-14 EA: FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R IV 91 7. 2 2 2 22738-2.txt Lot Report Lot File: P:\2PTG010501\SURVEY\MAPCHECK\22738.1ot CRD File: P:\2PTG010501\SURVEY\MAPCHECK\X-BNDY-MASTER_Parcels.crd LOT 22738-2 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting 4777 2265671.64 6168278.49 N 77°34'12" W 23.09 4778 2265676.61 6168255.94 S 80°31'27" w 19.57 4782 2265673.38 6168236.63 S 09°28'33" E 2.91 4781 2265670.52 6168237.11 S 77°34'12" E 44.19 4780 2265661.00 6168280.27 N 09°28'33" w 10.78 4777 2265671.64 6168278.49 Closure Error Distance> 0.0000 Total Distance> 100.54 Area: 365 Sq. Feet, 0.008 Acres Block 1 Total Area: 365 Sq. Feet, 0.008 Acres Page 1 EXHIBIT C To East Porphyry Overhead Construction and Maintenance Agreement CONTRACTOR REQUIREMENTS EAST PORPHYRY OVERHEAD CONSTRUCTION AND MAINTENANCE AGREEMENT 1.01 General: • The Contractor must cooperate with BNSF RAILWAY COMPANY, hereinafter referred to as "Railway" where work is over or under on or adjacent to Railway property and/or right-of-way, hereafter referred to as "Railway Property", during RIVERSIDE COUNTY TRANSPORTATION COMMISSION, a public corporation of the State of California, hereinafter referred to as ("RCTC") modifying the East Porphyry Overhead as part of the Route-15/Route-91 interchange by constructing a new overhead bridge to accommodate an Eastbound Route-91 to Southbound Route-15 express lane and a Northbound Route-15 to a Westbound Route-91 express lane, BNSF's Milepost 22.95, and Line Segment 7602 on BNSF's San Bernardino Subdivision. • 1.01.02 The Contractor must execute and deliver to the Railway duplicate copies of the Exhibit C-1 Agreement, in the form attached hereto, obligating the Contractor to provide and maintain in full force and effect the insurance called for under Section 3 of said Exhibit C-1. Questions regarding procurement of the Railroad Protective Liability Insurance should be directed to Rosa Martinez at Marsh, USA, 214-303-8519. • 1.01.03 The Contractor must plan, schedule and conduct all work activities so as not to interfere with the movement of any trains on Railway Property. • 1.01.04 The Contractor's right to enter Railway's Property is subject to the absolute right of Railway to cause the Contractor's work on Railway's Property to cease if, in the opinion of Railway, Contractor's activities create a hazard to Railway's Property, employees, and/or operations. Railway will have the right to stop construction work on the Project if any of the following events take place: (i) Contractor (or any of its subcontractors) performs the Project work in a manner contrary to the plans and specifications approved by Railway; (ii) Contractor (or any of its subcontractors), in Railway's opinion, prosecutes the Project work in a manner which is hazardous to Railway property, facilities or the safe and expeditious movement of railroad traffic; (iii) the insurance described in the attached Exhibit C-1 is canceled during the course of the Project; or (iv) RCTC fails to pay Railway for the Temporary Construction License or the Easement. The work stoppage will continue until all necessary actions are taken by Contractor or its subcontractor to rectify the situation to the satisfaction of Railway's Division Engineer or until additional insurance has been delivered to and accepted by Railway. In the event of a breach of (i) the Construction and Maintenance Agreement, (ii) the Temporary Construction License, or (iii) the Easement, Railway may immediately terminate the Temporary Construction License or the Easement. Any such work stoppage under this provision will not give rise to any liability on the part of Railway. Railway's right to stop the work is in addition to any other rights Railway may have including, but not limited to, actions or suits for damages or lost profits. In the event that Railway desires to stop construction work on the Project, Railway agrees to immediately notify the following individual in writing: Exhibit C East Porphyry Overhead Construction and Maintenance Agreement Page 1 of 13 Michael Blomquist Toll Program Director RIVERSIDE COUNTY TRANSPORTATION COMMISSION 480 Lemon Street, 3rd Floor Riverside, CA 92502-2208 Office: (951) 778-1098 Fax (951) 787-7920 mblomquist@rctc.org • 1.01.05 The Contractor is responsible for determining and complying with all Federal, State and Local Governmental laws and regulations, including, but not limited to environmental laws and regulations (including but not limited to the Resource Conservation and Recovery Act, as amended; the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, CERCLA), and health and safety laws and regulations. The Contractor hereby indemnifies, defends and holds harmless Railway for, from and against all fines or penalties imposed or assessed by Federal, State and Local Governmental Agencies against the Railway which arise out of Contractor's work under this Agreement. • 1.01.06 The Contractor must notify RCTC'S Toll Program Director (951-778-1098) and Railway's Manager Public Projects, telephone number 909-386-4472 at least thirty (30) calendar days before commencing any work on Railway Property. Contractor's notification to Railway must refer to Railway's file • 1.01.07 For any bridge demolition and/or falsework above any tracks or any excavations located with any part of the excavations located within, whichever is greater, twenty-five (25) feet of the nearest track or intersecting a slope from the plane of the top of rail on a 2 horizontal to 1 vertical slope beginning at eleven (11) feet from centerline of the nearest track, both measured perpendicular to center line of track, the Contractor must furnish the Railway five sets of working drawings showing details of construction affecting Railway Property and tracks. The working drawing must include the proposed method of installation and removal of falsework, shoring or cribbing, not included in the contract plans and two sets of structural calculations of any falsework, shoring or cribbing. For all excavation and shoring submittal plans, the current `BNSF-UPRR Guidelines for Temporary Shoring" must be used for determining the design loading conditions to be used in shoring design, and all calculations and submittals must be in accordance with the current "BNSF- UPRR Guidelines for Temporary Shoring". All submittal drawings and calculations must be stamped by a registered professional engineer licensed to practice in the state the project is located. All calculations must take into consideration railway surcharge loading and must be designed to meet American Railway Engineering and Maintenance -of -Way Association (previously known as American Railway Engineering Association) Coopers E-80 live loading standard. All drawings and calculations must be stamped by a registered professional engineer licensed to practice in the state the project is located. The Contractor must not begin work until notified by the Railway that plans have been approved. The Contractor will be required to use lifting devices such as, cranes and/or winches to place or to remove any falsework over Railway's tracks. In no case will the Contractor be relieved of responsibility for results obtained by the implementation of said approved plans. • 1.01.08 Subject to the movement of Railway's trains, Railway will cooperate with the Contractor such that the work may be handled and performed in an efficient manner. The Contractor will have no claim whatsoever for any type of damages or for extra or additional compensation in the event his work is delayed by the Railway. Exhibit C East Porphyry Overhead Construction and Maintenance Agreement Page 2 of 13 1.02 Contractor Safety Orientation • 1.02.01 No employee of the Contractor, its subcontractors, agents or invitees may enter Railway Property without first having completed Railway's Engineering Contractor Safety Orientation, found on the web site www.bnsfcontractor.com. The Contractor must ensure that each of its employees, subcontractors, agents or invitees completes Railway's Engineering Contractor Safety Orientation through internet sessions before any work is performed on the Project. Additionally, the Contractor must ensure that each and every one of its employees, subcontractors, agents or invitees possesses a card certifying completion of the Railway Contractor Safety Orientation before entering Railway Property. The Contractor is responsible for the cost of the Railway Contractor Safety Orientation. The Contractor must renew the Railway Contractor Safety Orientation annually. Further clarification can be found on the web site or from the Railway's Representative. 1.03 Railway Requirements • 1.03.01 The Contractor must take protective measures as are necessary to keep railway facilities, including track ballast, free of sand, debris, and other foreign objects and materials resulting from his operations. Any damage to railway facilities resulting from Contractor's operations will be repaired or replaced by Railway and the cost of such repairs or replacement must be paid for by RCTC. • 1.03.02 The Contractor must notify the Railway's Division Engineer at 909-386-4504 and provide blasting plans to the Railway for review seven (7) calendar days prior to conducting any blasting operations adjacent to or on Railway's Property. • 1.03.03 The Contractor must abide by the following temporary clearances during construction: ■ 15'-0" Horizontally from centerline of nearest track ■ 21'-6" Vertically above top of rail ■ 27'-0" Vertically above top of rail for electric wires carrying less than 750 volts ■ 28'-0" Vertically above top of rail for electric wires carrying 750 volts to 15,000 volts ■ 30'-0" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000 volts ■ 34'-0" Vertically above top of rail for electric wires carrying more than 20,000 volts • 1.03.04 Upon completion of construction, the following clearances shall be maintained: ■ 10-3" Minimum measured Horizontally from centerline of nearest track ■ 34'-11" Minimum measured Vertically above top of rail • 1.03.05 Any infringement within State statutory clearances due to the Contractor's operations must be submitted to the Railway and to RCTC and must not be undertaken until approved in writing by the Railway, and until RCTC has obtained any necessary authorization from the State Regulatory Authority for the infringement. No extra compensation will be allowed in the event the Contractor's work is delayed pending Railway approval, and/or the State Regulatory Authority's approval. • 1.03.06 In the case of impaired vertical clearance above top of rail, Railway will have the option of installing tell -tales or other protective devices Railway deems necessary for protection of Railway operations. The cost of tell -tales or protective devices will be borne by RCTC. Exhibit C East Porphyry Overhead Construction and Maintenance Agreement Page 3 of 13 " 1 . 0 3 . 0 7 T h e d e t a i l s o f c o n s t r u c t i o n a f f e c t i n g t h e R a i l w a y ' s P r o p e r t y a n d t r a c k s n o t i n c l u d e d i n t h e c o n t r a c t p l a n s m u s t b e s u b m i t t e d t o t h e R a i l w a y b y R C T C f o r a p p r o v a l b e f o r e w o r k i s u n d e r t a k e n a n d t h i s w o r k m u s t n o t b e u n d e r t a k e n u n t i l a p p r o v e d b y t h e R a i l w a y . " 1 . 0 3 . 0 8 A t o t h e r t h a n p u b l i c r o a d c r o s s i n g s , t h e C o n t r a c t o r m u s t n o t m o v e a n y e q u i p m e n t o r m a t e r i a l s a c r o s s R a i l w a y ' s t r a c k s u n t i l p e r m i s s i o n h a s b e e n o b t a i n e d f r o m t h e R a i l w a y . T h e C o n t r a c t o r m u s t o b t a i n a " T e m p o r a r y C o n s t r u c t i o n C r o s s i n g A g r e e m e n t " f r o m t h e R a i l w a y p r i o r t o m o v i n g h i s e q u i p m e n t o r m a t e r i a l s a c r o s s t h e R a i l w a y s t r a c k s . T h e t e m p o r a r y c r o s s i n g m u s t b e g a t e d a n d l o c k e d a t a l l t i m e s w h e n n o t r e q u i r e d f o r u s e b y t h e C o n t r a c t o r . T h e t e m p o r a r y c r o s s i n g f o r u s e o f t h e C o n t r a c t o r w i l l b e c o n s t r u c t e d a n d , a t t h e c o m p l e t i o n o f t h e p r o j e c t , r e m o v e d a t t h e e x p e n s e o f t h e C o n t r a c t o r . " 1 . 0 3 . 0 9 D i s c h a r g e , r e l e a s e o r s p i l l o n t h e R a i l w a y P r o p e r t y o f a n y h a z a r d o u s s u b s t a n c e s , o i l , p e t r o l e u m , c o n s t i t u e n t s , p o l l u t a n t s , c o n t a m i n a n t s , o r a n y h a z a r d o u s w a s t e i s p r o h i b i t e d a n d C o n t r a c t o r m u s t i m m e d i a t e l y n o t i f y t h e R a i l w a y ' s R e s o u r c e O p e r a t i o n s C e n t e r a t 1 ( 8 0 0 ) 8 3 2 - 5 4 5 2 , o f a n y d i s c h a r g e , r e l e a s e o r s p i l l s i n e x c e s s o f a r e p o r t a b l e q u a n t i t y . C o n t r a c t o r m u s t n o t a l l o w R a i l w a y P r o p e r t y t o b e c o m e a t r e a t m e n t , s t o r a g e o r t r a n s f e r f a c i l i t y a s t h o s e t e r m s a r e d e f i n e d i n t h e R e s o u r c e C o n s e r v a t i o n a n d R e c o v e r y A c t o r a n y s t a t e a n a l o g u e . " 1 . 0 3 . 1 0 T h e C o n t r a c t o r u p o n c o m p l e t i o n o f t h e w o r k c o v e r e d b y t h i s c o n t r a c t , m u s t p r o m p t l y r e m o v e f r o m t h e R a i l w a y ' s P r o p e r t y a l l o f C o n t r a c t o r ' s t o o l s , e q u i p m e n t , i m p l e m e n t s a n d o t h e r m a t e r i a l s , w h e t h e r b r o u g h t u p o n s a i d p r o p e r t y b y s a i d C o n t r a c t o r o r a n y s u b c o n t r a c t o r , e m p l o y e e o r a g e n t o f C o n t r a c t o r o r o f a n y S u b c o n t r a c t o r , a n d m u s t c a u s e R a i l w a y ' s P r o p e r t y t o b e l e f t i n a c o n d i t i o n a c c e p t a b l e t o t h e R a i l w a y ' s r e p r e s e n t a t i v e . 1 . 0 4 C o n t r a c t o r R o a d w a y W o r k e r o n T r a c k S a f e t y P r o g r a m a n d S a f e t y A c t i o n P l a n : " 1 . 0 4 . 0 1 E a c h C o n t r a c t o r t h a t w i l l p e r f o r m w o r k w i t h i n 2 5 f e e t o f t h e c e n t e r l i n e o f a t r a c k m u s t d e v e l o p a n d i m p l e m e n t a R o a d w a y W o r k e r P r o t e c t i o n / O n T r a c k S a f e t y P r o g r a m a n d w o r k w i t h R a i l w a y P r o j e c t R e p r e s e n t a t i v e t o d e v e l o p a n o n t r a c k s a f e t y s t r a t e g y a s d e s c r i b e d i n t h e g u i d e l i n e s l i s t e d i n t h e o n t r a c k s a f e t y p o r t i o n o f t h e S a f e t y O r i e n t a t i o n . T h i s P r o g r a m m u s t p r o v i d e R o a d w a y W o r k e r p r o t e c t i o n / o n t r a c k t r a i n i n g f o r a l l e m p l o y e e s o f t h e C o n t r a c t o r , i t s s u b c o n t r a c t o r s , a g e n t s o r i n v i t e e s . T h i s t r a i n i n g i s r e i n f o r c e d a t t h e j o b s i t e t h r o u g h j o b s a f e t y b r i e f i n g s . A d d i t i o n a l l y , e a c h C o n t r a c t o r m u s t d e v e l o p a n d i m p l e m e n t t h e S a f e t y A c t i o n P l a n , a s p r o v i d e d f o r o n t h e w e b s i t e w w w . b n s f c o n t r a c t o r . c o m , w h i c h w i l l b e m a d e a v a i l a b l e t o R a i l w a y p r i o r t o c o m m e n c e m e n t o f a n y w o r k o n R a i l w a y P r o p e r t y . D u r i n g t h e p e r f o r m a n c e o f w o r k , t h e C o n t r a c t o r m u s t a u d i t i t s w o r k a c t i v i t i e s . T h e C o n t r a c t o r m u s t d e s i g n a t e a n o n - s i t e P r o j e c t S u p e r v i s o r w h o w i l l s e r v e a s t h e c o n t a c t p e r s o n f o r t h e R a i l w a y a n d w h o w i l l m a i n t a i n a c o p y o f t h e S a f e t y A c t i o n P l a n , s a f e t y a u d i t s , a n d M a t e r i a l S a f e t y D a t a s h e e t s ( M S D S ) , a t t h e j o b s i t e . " 1 . 0 4 . 0 2 C o n t r a c t o r s h a l l h a v e a b a c k g r o u n d i n v e s t i g a t i o n p e r f o r m e d o n a l l o f i t s e m p l o y e e s , s u b c o n t r a c t o r s a n d a g e n t s w h o w i l l b e p e r f o r m i n g a n y s e r v i c e s f o r R a i l w a y u n d e r t h i s A g r e e m e n t w h i c h a r e d e t e r m i n e d b y R a i l w a y i n i t s s o l e d i s c r e t i o n a ) t o b e o n R a i l w a y ' s p r o p e r t y , o r b ) t h a t r e q u i r e a c c e s s t o R a i l w a y C r i t i c a l I n f r a s t r u c t u r e , R a i l w a y C r i t i c a l I n f o r m a t i o n S y s t e m s , R a i l w a y ' s E m p l o y e e s , H a z a r d o u s M a t e r i a l s o n R a i l w a y ' s p r o p e r t y o r i s b e i n g t r a n s p o r t e d b y o r o t h e r w i s e i n t h e c u s t o d y o f R a i l w a y , o r F r e i g h t i n T r a n s i t i n v o l v i n g R a i l w a y . E x h i b i t C E a s t P o r p h y r y O v e r h e a d C o n s t r u c t i o n a n d M a i n t e n a n c e A g r e e m e n t P a g e 4 o f 1 3 The required background screening shall at a minimum meet the rail industry background screening criteria defined by the e-RAILSAFE Program as outlined at http://www.e-railsafe.com, in addition to any other applicable regulatory requirements. Contractor shall obtain written consent from all its employees, subcontractors or agents screened in compliance with the e-RAILSAFE Program to participate in the Program on their behalf and to release completed background information to Railway's designee. Contractor shall be subject to periodic audit to ensure compliance. Contractor subject to the e-RAILSAFE Program hereunder shall not permit any of its employees, subcontractors or agents to perform services hereunder who are not first approved under e- RAILSAFE Program standards. Railway shall have the right to deny entry onto its premises or access as described in this section above to any of Contractor's employees, subcontractors or agents who do not display the authorized identification badge issued by a background screening service meeting the standards set forth in the e-RAILSAFE Program, or who in Railway's opinion, which may not be unreasonable, may pose a threat to the safety or security of Railway's operations, assets or personnel. Contractors shall be responsible for ensuring that its employees, subcontractors and agents are United States citizens or legally working in the United States under a lawful and appropriate work VISA or other work authorization. 1.05 Railway Flagger Services: • 1.05.01 The Contractor must give Railway's Roadmaster (telephone 909-386-4061) a minimum of thirty (30) calendar days advance notice when flagging services will be required so that the Roadmaster can make appropriate arrangements (i.e., bulletin the flagger's position). If flagging services are scheduled in advance by the Contractor and it is subsequently determined by the parties hereto that such services are no longer necessary, the Contractor must give the Roadmaster five (5) working days advance notice so that appropriate arrangements can be made to abolish the position pursuant to union requirements. • 1.05.02 Unless determined otherwise by Railway's Project Representative, Railway flagger will be required and furnished when Contractor's work activities are located over, under and/or within twenty-five (25) feet measured horizontally from centerline of the nearest track and when cranes or similar equipment positioned beyond 25 feet from the track centerline could foul the track in the event of tip over or other catastrophic occurrence, but not limited thereto for the following conditions: • 1.05.02a When, upon inspection by Railway's Representative, other conditions warrant. • 1.05.02b When any excavation is performed below the bottom of tie elevation, if, in the opinion of Railway's representative, track or other Railway facilities may be subject to movement or settlement. • 1.05.02c When work in any way interferes with the safe operation of trains at timetable speeds. • 1.05.02d When any hazard is presented to Railway track, communications, signal, electrical, or other facilities either due to persons, material, equipment or blasting in the vicinity. Exhibit C East Porphyry Overhead Construction and Maintenance Agreement Page 5 of 13 " 1 . 0 5 . 0 2 e S p e c i a l p e r m i s s i o n m u s t b e o b t a i n e d f r o m t h e R a i l w a y b e f o r e m o v i n g h e a v y o r c u m b e r s o m e o b j e c t s o r e q u i p m e n t w h i c h m i g h t r e s u l t i n m a k i n g t h e t r a c k i m p a s s a b l e . " 1 . 0 5 . 0 3 F l a g g i n g s e r v i c e s w i l l b e p e r f o r m e d b y q u a l i f i e d R a i l w a y f l a g g e r s . " 1 . 0 5 . 0 3 a F l a g g i n g c r e w g e n e r a l l y c o n s i s t s o f o n e e m p l o y e e . H o w e v e r , a d d i t i o n a l p e r s o n n e l m a y b e r e q u i r e d t o p r o t e c t R a i l w a y P r o p e r t y a n d o p e r a t i o n s , i f d e e m e d n e c e s s a r y b y t h e R a i l w a y s R e p r e s e n t a t i v e . " 1 . 0 5 . 0 3 b E a c h t i m e a f l a g g e r i s c a l l e d , t h e m i n i m u m p e r i o d f o r b i l l i n g w i l l b e t h e e i g h t ( 8 ) h o u r b a s i c d a y . " 1 . 0 5 . 0 3 c T h e c o s t o f f l a g g e r s e r v i c e s p r o v i d e d b y t h e R a i l w a y w i l l b e b o r n e b y R O T C . T h e e s t i m a t e d c o s t f o r o n e ( 1 ) f l a g g e r i s a p p r o x i m a t e l y b e t w e e n $ 8 0 0 . 0 0 - $ 1 , 6 0 0 . 0 0 f o r a n e i g h t ( 8 ) h o u r b a s i c d a y w i t h t i m e a n d o n e - h a l f o r d o u b l e t i m e f o r o v e r t i m e , r e s t d a y s a n d h o l i d a y s . T h e e s t i m a t e d c o s t f o r e a c h f l a g g e r i n c l u d e s v a c a t i o n a l l o w a n c e , p a i d h o l i d a y s , R a i l w a y a n d u n e m p l o y m e n t i n s u r a n c e , p u b l i c l i a b i l i t y a n d p r o p e r t y d a m a g e i n s u r a n c e , h e a l t h a n d w e l f a r e b e n e f i t s , v e h i c l e , t r a n s p o r t a t i o n , m e a l s , l o d g i n g , r a d i o , e q u i p m e n t , s u p e r v i s i o n a n d o t h e r c o s t s i n c i d e n t a l t o p e r f o r m i n g f l a g g i n g s e r v i c e s . N e g o t i a t i o n s f o r R a i l w a y l a b o r o r c o l l e c t i v e b a r g a i n i n g a g r e e m e n t s a n d r a t e c h a n g e s a u t h o r i z e d b y a p p r o p r i a t e F e d e r a l a u t h o r i t i e s m a y i n c r e a s e a c t u a l o r e s t i m a t e d f l a g g i n g r a t e s . T H E F L A G G I N G R A T E I N E F F E C T A T T H E T I M E O F P E R F O R M A N C E B Y T H E C O N T R A C T O R H E R E U N D E R W I L L B E U S E D T O C A L C U L A T E T H E A C T U A L C O S T S O F F L A G G I N G P U R S U A N T T O T H I S P A R A G R A P H . " 1 . 0 5 . 0 3 d T h e a v e r a g e t r a i n t r a f f i c o n t h i s r o u t e i s 7 8 f r e i g h t t r a i n s a n d 2 7 p a s s e n g e r t r a i n s u p t o a m a x i m u m t o t a l o f 1 0 5 t r a i n s p e r 2 4 - h o u r p e r i o d . T r a i n t i m e t a b l e s p e e d s a r e : W e s t w a r d : 6 0 M P H P a s s e n g e r , 5 0 M P H F r e i g h t E a s t w a r d : 6 0 M P H P a s s e n g e r , 5 0 M P H F r e i g h t 1 . 0 6 C o n t r a c t o r G e n e r a l S a f e t y R e q u i r e m e n t s " 1 . 0 6 . 0 1 W o r k i n t h e p r o x i m i t y o f r a i l w a y t r a c k ( s ) i s p o t e n t i a l l y h a z a r d o u s w h e r e m o v e m e n t o f t r a i n s a n d e q u i p m e n t c a n o c c u r a t a n y t i m e a n d i n a n y d i r e c t i o n . A l l w o r k p e r f o r m e d b y c o n t r a c t o r s w i t h i n 2 5 f e e t o f a n y t r a c k m u s t b e i n c o m p l i a n c e w i t h F R A R o a d w a y W o r k e r P r o t e c t i o n R e g u l a t i o n s . " 1 . 0 6 . 0 2 B e f o r e b e g i n n i n g a n y t a s k o n R a i l w a y P r o p e r t y , a t h o r o u g h j o b s a f e t y b r i e f i n g m u s t b e c o n d u c t e d w i t h a l l p e r s o n n e l i n v o l v e d w i t h t h e t a s k a n d r e p e a t e d w h e n t h e p e r s o n n e l o r t a s k c h a n g e s . I f t h e t a s k i s w i t h i n 2 5 f e e t o f a n y t r a c k , t h e j o b b r i e f i n g m u s t i n c l u d e t h e R a i l w a y ' s f l a g g e r , a s a p p l i c a b l e , a n d i n c l u d e t h e p r o c e d u r e s t h e C o n t r a c t o r w i l l u s e t o p r o t e c t i t s e m p l o y e e s , s u b c o n t r a c t o r s , a g e n t s o r i n v i t e e s f r o m m o v i n g a n y e q u i p m e n t a d j a c e n t t o o r a c r o s s a n y R a i l w a y t r a c k ( s ) . " 1 . 0 6 . 0 3 W o r k e r s m u s t n o t w o r k w i t h i n 2 5 f e e t o f t h e c e n t e r l i n e o f a n y t r a c k w i t h o u t a n o n t r a c k s a f e t y s t r a t e g y a p p r o v e d b y t h e R a i l w a y ' s P r o j e c t R e p r e s e n t a t i v e . W h e n a u t h o r i t y i s p r o v i d e d , e v e r y c o n t r a c t o r e m p l o y e e m u s t k n o w : ( 1 ) w h o t h e R a i l w a y f l a g g e r i s , a n d h o w t o c o n t a c t t h e f l a g g e r , ( 2 ) l i m i t s o f t h e a u t h o r i t y , ( 3 ) t h e m e t h o d o f c o m m u n i c a t i o n t o s t o p a n d r e s u m e w o r k , a n d E x h i b i t C E a s t P o r p h y r y O v e r h e a d C o n s t r u c t i o n a n d M a i n t e n a n c e A g r e e m e n t P a g e 6 o f 1 3 (4) location of the designated places of safety. Persons or equipment entering flag/work limits that were not previously job briefed, must notify the flagger immediately, and be given a job briefing when working within 25 feet of the center line of track. • 1.06.04 When Contractor employees are required to work on the Railway Property after normal working hours or on weekends, the Railway's representative in charge of the project must be notified. A minimum of two employees must be present at all times. • 1.06.05 Any employees, agents or invitees of Contractor or its subcontractors under suspicion of being under the influence of drugs or alcohol, or in the possession of same, will be removed from the Railway's Property and subsequently released to the custody of a representative of Contractor management. Future access to the Railway's Property by that employee will be denied. • 1.06.06 Any damage to Railway Property, or any hazard noticed on passing trains must be reported immediately to the Railway's representative in charge of the project. Any vehicle or machine which may come in contact with track, signal equipment, or structure (bridge) and could result in a train derailment must be reported immediately to the Railway representative in charge of the project and to the Railway's Resource Operations Center at 1(800) 832-5452. Local emergency numbers are to be obtained from the Railway representative in charge of the project prior to the start of any work and must be posted at the job site. • 1.06.07 For safety reasons, all persons are prohibited from having pocket knives, firearms or other deadly weapons in their possession while working on Railway's Property. • 1.06.08 All personnel protective equipment (PPE) used on Railway Property must meet applicable OSHA and ANSI specifications. Current Railway personnel protective equipment requirements are listed on the web site, www.bnsfcontractor.com, however, a partial list of the requirements include: a) safety glasses with permanently affixed side shields (no yellow lenses); b) hard hats c) safety shoe with: hardened toes, above -the -ankle lace -up and a defined heel; and d) high visibility retro-reflective work wear. The Railway's representative in charge of the project is to be contacted regarding local specifications for meeting requirements relating to hi -visibility work wear. Hearing protection, fall protection, gloves, and respirators must be worn as required by State and Federal regulations. (NOTE — Should there be a discrepancy between the information contained on the web site and the information in this paragraph, the web site will govern.) • 1.06.09 THE CONTRACTOR MUST NOT PILE OR STORE ANY MATERIALS, MACHINERY OR EQUIPMENT CLOSER THAN 25'-0" TO THE CENTER LINE OF THE NEAREST RAILWAY TRACK. MATERIALS, MACHINERY OR EQUIPMENT MUST NOT BE STORED OR LEFT WITHIN 250 FEET OF ANY HIGHWAY/RAIL AT -GRADE CROSSINGS OR TEMPORARY CONSTRUCTION CROSSING, WHERE STORAGE OF THE SAME WILL OBSTRUCT THE VIEW OF A TRAIN APPROACHING THE CROSSING. PRIOR TO BEGINNING WORK, THE CONTRACTOR MUST ESTABLISH A STORAGE AREA WITH CONCURRENCE OF THE RAILWAY'S REPRESENTATIVE. • 1.06.10 Machines or vehicles must not be left unattended with the engine running. Parked machines or equipment must be in gear with brakes set and if equipped with blade, pan or bucket, they must be lowered to the ground. All machinery and equipment left unattended on Railway's Property must be left inoperable and secured against movement. (See internet Engineering Contractor Safety Orientation program for more detailed specifications). Exhibit C East Porphyry Overhead Construction and Maintenance Agreement Page 7 of 13 " 1 . 0 6 . 1 1 W o r k e r s m u s t n o t c r e a t e a n d l e a v e a n y c o n d i t i o n s a t t h e w o r k s i t e t h a t w o u l d i n t e r f e r e w i t h w a t e r d r a i n a g e . A n y w o r k p e r f o r m e d o v e r w a t e r m u s t m e e t a l l f e d e r a l , s t a t e a n d l o c a l r e g u l a t i o n s . " 1 . 0 6 . 1 2 A l l p o w e r l i n e w i r e s m u s t b e c o n s i d e r e d d a n g e r o u s a n d o f h i g h v o l t a g e u n l e s s i n f o r m e d t o t h e c o n t r a r y b y p r o p e r a u t h o r i t y . F o r a l l p o w e r l i n e s t h e m i n i m u m c l e a r a n c e b e t w e e n t h e l i n e s a n d a n y p a r t o f t h e e q u i p m e n t o r l o a d m u s t b e ; 2 0 0 K V o r b e l o w - 1 5 f e e t ; 2 0 0 t o 3 5 0 K V - 2 0 f e e t ; 3 5 0 t o 5 0 0 K V - 2 5 f e e t ; 5 0 0 t o 7 5 0 K V - 3 5 f e e t ; a n d 7 5 0 t o 1 0 0 0 K V - 4 5 f e e t . I f c a p a c i t y o f t h e l i n e i s n o t k n o w n , a m i n i m u m c l e a r a n c e o f 4 5 f e e t m u s t b e m a i n t a i n e d . A p e r s o n m u s t b e d e s i g n a t e d t o o b s e r v e c l e a r a n c e o f t h e e q u i p m e n t a n d g i v e a t i m e l y w a r n i n g f o r a l l o p e r a t i o n s w h e r e i t i s d i f f i c u l t f o r a n o p e r a t o r t o m a i n t a i n t h e d e s i r e d c l e a r a n c e b y v i s u a l m e a n s . 1 . 0 7 E x c a v a t i o n : " 1 . 0 7 . 0 1 B e f o r e e x c a v a t i n g , t h e C o n t r a c t o r m u s t d e t e r m i n e w h e t h e r a n y u n d e r g r o u n d p i p e l i n e s , e l e c t r i c w i r e s , o r c a b l e s , i n c l u d i n g f i b e r o p t i c c a b l e s y s t e m s a r e p r e s e n t a n d l o c a t e d w i t h i n t h e P r o j e c t w o r k a r e a . T h e C o n t r a c t o r m u s t d e t e r m i n e w h e t h e r e x c a v a t i o n o n R a i l w a y ' s P r o p e r t y c o u l d c a u s e d a m a g e t o b u r i e d c a b l e s r e s u l t i n g i n d e l a y t o R a i l w a y t r a f f i c a n d d i s r u p t i o n o f s e r v i c e t o u s e r s . D e l a y s a n d d i s r u p t i o n s t o s e r v i c e m a y c a u s e b u s i n e s s i n t e r r u p t i o n s i n v o l v i n g l o s s o f r e v e n u e a n d p r o f i t s . B e f o r e c o m m e n c i n g e x c a v a t i o n , t h e C o n t r a c t o r m u s t c o n t a c t B N S F ' s F i e l d E n g i n e e r i n g R e p r e s e n t a t i v e ( 9 0 9 - 3 8 6 - 4 0 7 9 ) . A l l u n d e r g r o u n d a n d o v e r h e a d w i r e s w i l l b e c o n s i d e r e d H I G H V O L T A G E a n d d a n g e r o u s u n t i l v e r i f i e d w i t h t h e c o m p a n y h a v i n g o w n e r s h i p o f t h e l i n e . I t i s t h e C o n t r a c t o r ' s r e s p o n s i b i l i t y t o n o t i f y a n y o t h e r c o m p a n i e s t h a t h a v e u n d e r g r o u n d u t i l i t i e s i n t h e a r e a a n d a r r a n g e f o r t h e l o c a t i o n o f a l l u n d e r g r o u n d u t i l i t i e s b e f o r e e x c a v a t i n g . " 1 . 0 7 . 0 2 T h e C o n t r a c t o r m u s t c e a s e a l l w o r k a n d n o t i f y t h e R a i l w a y i m m e d i a t e l y b e f o r e c o n t i n u i n g e x c a v a t i o n i n t h e a r e a i f o b s t r u c t i o n s a r e e n c o u n t e r e d w h i c h d o n o t a p p e a r o n d r a w i n g s . I f t h e o b s t r u c t i o n i s a u t i l i t y a n d t h e o w n e r o f t h e u t i l i t y c a n b e i d e n t i f i e d , t h e n t h e C o n t r a c t o r m u s t a l s o n o t i f y t h e o w n e r i m m e d i a t e l y . I f t h e r e i s a n y d o u b t a b o u t t h e l o c a t i o n o f u n d e r g r o u n d c a b l e s o r l i n e s o f a n y k i n d , n o w o r k m u s t b e p e r f o r m e d u n t i l t h e e x a c t l o c a t i o n h a s b e e n d e t e r m i n e d . T h e r e w i l l b e n o e x c e p t i o n s t o t h e s e i n s t r u c t i o n s . " 1 . 0 7 . 0 3 A l l e x c a v a t i o n s m u s t b e c o n d u c t e d i n c o m p l i a n c e w i t h a p p l i c a b l e O S H A r e g u l a t i o n s a n d , r e g a r d l e s s o f d e p t h , m u s t b e s h o r e d w h e r e t h e r e i s a n y d a n g e r t o t r a c k s , s t r u c t u r e s o r p e r s o n n e l . " 1 . 0 7 . 0 4 A n y e x c a v a t i o n s , h o l e s o r t r e n c h e s o n t h e R a i l w a y ' s P r o p e r t y m u s t b e c o v e r e d , g u a r d e d a n d / o r p r o t e c t e d w h e n n o t b e i n g w o r k e d o n . W h e n l e a v i n g w o r k s i t e a r e a s a t n i g h t a n d o v e r w e e k e n d s , t h e a r e a s m u s t b e s e c u r e d a n d l e f t i n a c o n d i t i o n t h a t w i l l e n s u r e t h a t R a i l w a y e m p l o y e e s a n d o t h e r p e r s o n n e l w h o m a y b e w o r k i n g o r p a s s i n g t h r o u g h t h e a r e a a r e p r o t e c t e d f r o m a l l h a z a r d s . A l l e x c a v a t i o n s m u s t b e b a c k f i l l e d a s s o o n a s p o s s i b l e . 1 . 0 8 H a z a r d o u s W a s t e , S u b s t a n c e s a n d M a t e r i a l R e p o r t i n g : " 1 . 0 8 . 0 1 I f C o n t r a c t o r d i s c o v e r s a n y h a z a r d o u s w a s t e , h a z a r d o u s s u b s t a n c e , p e t r o l e u m o r o t h e r d e l e t e r i o u s m a t e r i a l , i n c l u d i n g b u t n o t l i m i t e d t o a n y n o n - c o n t a i n e r i z e d c o m m o d i t y o r m a t e r i a l , o n o r a d j a c e n t t o R a i l w a y ' s P r o p e r t y , i n o r n e a r a n y s u r f a c e w a t e r , s w a m p , w e t l a n d s o r w a t e r w a y s , w h i l e p e r f o r m i n g a n y w o r k u n d e r t h i s A g r e e m e n t , C o n t r a c t o r m u s t i m m e d i a t e l y ; ( a ) n o t i f y t h e R a i l w a y ' s R e s o u r c e O p e r a t i o n s C e n t e r a t 1 ( 8 0 0 ) 8 3 2 - 5 4 5 2 , o f s u c h d i s c o v e r y : ( b ) t a k e s a f e g u a r d s E x h i b i t C E a s t P o r p h y r y O v e r h e a d C o n s t r u c t i o n a n d M a i n t e n a n c e A g r e e m e n t P a g e 8 o f 1 3 necessary to protect its employees, subcontractors, agents and/or third parties; and (c) exercise due care with respect to the release, including the taking of any appropriate measure to minimize the impact of such release. 1.09 Personal Injury Reporting • 1.09.01 The Railway is required to report certain injuries as a part of compliance with Federal Railroad Administration (FRA) reporting requirements. Any personal injury sustained by an employee of the Contractor, subcontractor or Contractor's invitees while on the Railway's Property must be reported immediately (by phone mail if unable to contact in person) to the Railway's representative in charge of the project. The Non -Employee Personal Injury Data Collection Form contained herein is to be completed and sent by Fax to the Railway at 1(817) 352-7595 and to the Railway's Project Representative no later than the close of shift on the date of the injury. Exhibit C East Porphyry Overhead Construction and Maintenance Agreement Page 9 of 13 AdEr All=w RA/LWAY NON -EMPLOYEE PERSONAL INJURY DATA COLLECTION (If injuries are in connection with rail equipment accident/incident, highway rail grade crossing accident or automobile accident, ensure that appropriate information is obtained, forms completed and that data entry personnel are aware that injuries relate to that specific event.) Injured Person Type: Passenger on train (C) IContractor/safety Non -employee (N) (i.e., emp of another railroad, or, non-BNSF emp involved in vehicle accident, including company vehicles) Contractor/non-safety sensitive (G) Volunteer/safety Volunteer/other non -safety sensitive (I) cPncitive (H) Non -trespasser (D) - to include highway users involved in highway rail grade crossing accidents who did not go around or through gates Trespasser (E) - to include highway users involved in highway rail grade crossing accidents who went around or through gates Non -trespasser (J) - Off Railway Property If train involved, Train ID: Transmit attached information to Accident/Incident Reporting Center by: Fax 1-817-352-7595 or by Phone 1-800-697-6736 Reporting.Center@BNSF.com Officer Providing Information: or email to: Accident - Exhibit C East Porphyry Overhead Construction and Maintenance Agreement Page 10 of 13 (Name) (Employee No.) (Phone #) REPORT PREPARED TO COMPLY WITH FEDERAL ACCIDENT REPORTING REQUIREMENTS AND PROTECTED FROM DISCLOSURE PURSUANT TO 49 U.S.C. 20903 AND 83 U.S.C. 490 NON -EMPLOYEE PERSONAL INJURY DATA COLLECTION INFORMATION REQUIRED TO BE COLLECTED PURSUANT TO FEDERAL REGULATION. IT SHOULD BE USED FOR COMPLIANCE WITH FEDERAL REGULATIONS ONLY AND IT IS NOT INTENDED TO PRESUME ACCEPTANCE OF RESPONSIBILITY OR LIABIITY 1. Accident City/St: 2: Date: Time:: County: 3. Temperature: 4. Weather: (if non. BNSF location) Mile Post / Line Segment 5. Driver's License No. (and state) or other ID: SSN(required): 6. Name (last, first, mi): 7. Address: City: St: Zip: 8 Date of Birth: and/or Age: Gender: Exhibit C East Porphyry Overhead Construction and Maintenance Agreement Page 11 of 13 (If available) Phone Number: Employer: 9. Injury: 10. Body Part: (i.e. laceration, etc.) (i.e. Hand, etc.) 11. Description of Accident (To include location, action, result, etc.) 12. Treatment: First Aid Only o Required Medical Treatment Other Medical Treatment 13. Dr. Name: Date: 14: Dr. Address: Street; City: St: Zip: 15: Hospital Name: Exhibit C East Porphyry Overhead Constriction and Maintenance Agreement Page 12 of 13 16: Hospital Address: Street; City: St: Zip: 17: Diagnosis: REPORT PREPARED TO COMPLY WITH FEDERAL ACCIDENT REPORTIING REQUIREMENTS AND PROTECTED FROM DISCLOSURE PURSUANT TO 49 U.S.C. 20903 AND 83 U.S.C. 490 Exhibit C East Porphyry Overhead Construction and Maintenance Agreement Page 13 of 13 EXHIBIT C-1 Agreement Between BNSF RAILWAY COMPANY and the CONTRACTOR BNSF RAILWAY COMPANY Attention: Manager Public Projects Railway File: B Agency Project: EAST PORPHYRY OVERHEAD, DOT No. 026595H Gentlemen: The undersigned (hereinafter called, the "Contractor"), has entered into a contract (the "Contract") dated 201_, with RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("RCTC") for the performance of certain work in connection with the following project: The SR-91 Corridor Improvement Project to extend the tolled express lanes for State Route 91 from its existing easterly end at Riverside County's westerly boundary joint with Orange County's easterly boundary to Interstate Highway 1-15 involving the modification of existing East Porphyry Overhead DOT No. 026595H, as part of the Route-15/Route-91 interchange by constructing a new overhead bridge to accommodate an Eastbound Route-91 to Southbound Route-15 express lane and a Northbound Route-15 to a Westbound Route-91 express lane. Performance of such work will necessarily require Contractor to enter BNSF RAILWAY COMPANY ("Railway") right of way and property ("Railway Property"). The Contract provides that no work will be commenced within Railway Property until the Contractor employed in connection with said work for RCTC (i) executes and delivers to Railway an Agreement in the form hereof, and (ii) provides insurance of the coverage and limits specified in such Agreement and Section 3 herein. If this Agreement is executed by a party who is not the Owner, General Partner, President or Vice President of Contractor, Contractor must furnish evidence to Railway certifying that the signatory is empowered to execute this Agreement on behalf of Contractor. Accordingly, in consideration of Railway granting permission to Contractor to enter upon Railway Property and as an inducement for such entry, Contractor, effective on the date of the Contract, has agreed and does hereby agree with Railway as follows: Section 1. RELEASE OF LIABILITY AND INDEMNITY Contractor hereby waives, releases, indemnifies, defends and holds harmless Railway for all judgments, awards, claims, demands, and expenses (including attorneys' fees), for injury or death to all persons, including Railway's and Contractor's officers and employees, and for loss and damage to property belonging to any person, arising in any manner from Contractor's or any of Contractor's subcontractors' acts or omissions or any work performed on or about Railway's Exhibit C-1 EAST PORPHYRY OVERHEAD — February 26, 2014 Page 1 of 8 Property. THE LIABILITY ASSUMED BY CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, -IF IT IS A FACT, THAT THE DESTRUCTION, DAMAGE, DEATH, OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF RAILWAY, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE WILLFUL MISCONDUCT OR SOLE NEGLIGENCE OF RAILWAY. THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR INCLUDES ANY CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAINST RAILWAY UNDER THE FEDERAL EMPLOYEE'S LIABILITY ACT, INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY APPLIANCE ACT OR THE LOCOMOTIVE INSPECTION ACT, WHENEVER SO CLAIMED. Contractor further agrees, at its expense, in the name and on behalf of Railway, that it will adjust and settle all claims made against Railway, and will, at Railway's discretion, appear and defend any suits or actions of law or in equity brought against Railway on any claim or cause of action arising or growing out of or in any manner connected with any liability assumed by Contractor under this Agreement for which Railway is liable or is alleged to be liable. Railway will give notice to Contractor, in writing, of the receipt or dependency of such claims and thereupon Contractor must proceed to adjust and handle to a conclusion such claims, and in the event of a suit being brought against Railway, Railway may forward summons and complaint or other process in connection therewith to Contractor, and Contractor, at Railway's discretion, must defend, adjust, or settle such suits and protect, indemnify, and save harmless Railway from and against all damages, judgments, decrees, attorney's fees, costs, and expenses growing out of or resulting from or incident to any such claims or suits. In addition to any other provision of this Agreement, in the event that all or any portion of this Article shall be deemed to be inapplicable for any reason, including without limitation as a result of a decision of an applicable court, legislative enactment or regulatory order, the parties agree that this Article shall be interpreted as requiring Contractor to indemnify Railway to the fullest extent permitted by applicable law. THROUGH THIS AGREEMENT THE PARTIES EXPRESSLY INTEND FOR CONTRACTOR TO INDEMNIFY RAILWAY FOR RAILWAY'S ACTS OF NEGLIGENCE. It is mutually understood and agreed that the assumption of liabilities and indemnification provided for in this Agreement survive any termination of this Agreement. Section 2. TERM This Agreement is effective from the date of the Contract until (i) the completion of the project set forth herein, and (ii) full and complete payment to Railway of any and all sums or other amounts owing and due hereunder. Section 3. INSURANCE Contractor shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: Exhibit C-1 EAST PORPHYRY OVERHEAD — February 26, 2014 Page 2 of 8 A. Commercial General Liability insurance. This insurance shall contain broad form contractual liability with a combined single limit of a minimum of $5,000,000 each occurrence and an aggregate limit of at least $10,000,000 but in no event less than the amount otherwise carried by the Contractor. Coverage must be purchased on a post 2004 ISO occurrence form or equivalent and include coverage for, but not limit to the following: ♦ Bodily Injury and Property Damage ♦ Personal Injury and Advertising Injury ♦ Fire legal liability ♦ Products and completed operations This policy shall also contain the following endorsements, which shall be indicated on the certificate of insurance: ♦ The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. ♦ Waver of subrogation in favor of and acceptable to Railway. ♦ Additional insured endorsement in favor of and acceptable to Railway. ♦ Separation of insureds. ♦ The policy shall be primary and non-contributing with respect to any insurance carried by Railway. It is agreed that the workers' compensation and employers' liability related exclusions in the Commercial General Liability insurance policy(s) required herein are intended to apply to employees of the policy holder and shall not apply to Railway employees. No other endorsements limiting coverage as respects obligations under this Agreement may be included on the policy with regard to the work being performed under this agreement. B. Business Automobile Insurance. This insurance shall contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the following: ♦ Bodily injury and property damage ♦ Any and all vehicles owned, used or hired The policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: ♦ Waiver of subrogation in favor of and acceptable to Railway. ♦ Additional insured endorsement in favor of and acceptable to Railway. ♦ Separation of insureds. ♦ The policy shall be primary and non-contributing with respect to any insurance carried by Railway. Exhibit C-1 EAST PORPHYRY OVERHEAD — February 26, 2014 Page 3 of 8 C. Workers Compensation and Employers Liability insurance including coverage for, but not limited to: ♦ Contractor's statutory liability under the worker's compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway. ♦ Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. This policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: ♦ Waiver of subrogation in favor of and acceptable to Railway. D. Railroad Protective Liability insurance naming only the Railway as the Insured with coverage of at least $5,000,000 per occurrence and $10,000,000 in the aggregate. The policy Must be issued on a standard ISO form CG 00 35 12 04 and include the following: ♦ Endorsed to include the Pollution Exclusion Amendment ♦ Endorsed to include the Limited Seepage and Pollution Endorsement. ♦ Endorsed to remove any exclusion for punitive damages. ♦ No other endorsements restricting coverage may be added. ♦ The original policy must be provided to the Railway prior to performing any work or services under this Agreement ♦ Definition of "Physical Damage to Property" shall be endorsed to read: "means direct and accidental loss of or damage to all property owned by any named insured and all property in any named insured' care, custody, and control arising out of the acts or omissions of the contractor named on the Declarations. In lieu of providing a Railroad Protective Liability Policy, Licensee may participate (if available) in Railway's Blanket Railroad Protective Liability Insurance Policy. Other Requirements: Where allowable by law, all policies (applying to coverage listed above) shall contain no exclusion for punitive damages. Contractor agrees to waive its right of recovery against Railway for all claims and suits against Railway. In addition, its insurers, through the terms of the policy or policy endorsement, waive their right of subrogation against Railway for all claims and suits. Contractor further waives its right of recovery, and its insurers also waive their right of subrogation against Railway for loss of its owned or leased property or property under Contractor's care, custody, or control. above. Allocated Loss Expense shall be in addition to all policy limits for coverages referenced Exhibit C-1 EAST PORPHYRY OVERHEAD — February 26, 2014 Page 4 of 8 Contractor is not allowed to self -insure without the prior written consent of Railway. If granted by Railway, self -insured retention or other financial responsibility for claims shall be covered directly by Contractor in lieu of insurance. Any and all Railway liabilities that would otherwise, in accordance with the provisions of this Agreement, be covered by Contractor's insurance will be covered as if Contractor elected not to include a deductible, self -insured retention or other financial responsibility for claims. Prior to commencing the Work, Contractor shall furnish to Railway an acceptable certificate(s) of insurance from an authorized representative evidencing the required coverage(s), endorsements, and amendments. The certificate should be directed to the following addresses: BNSF Railway Company Manager Public Projects 740 East Carnegie Drive San Bernardino, CA 92408 Phone: 909-3 86-4472 Fax: 909-386-4479 Melvin.Thomas@bnsf.com AND BNSF Railway Company c/o CertFocus P.O. Box 140528 Kansas City, MO 64114 Toll Free: 877-576-2378 Fax number: 817-840-7487 Email: BNSF@certfocus.com www.certfocus.com Contractor shall notify Railway in writing at least 30 days prior to any cancellation, non - renewal, substitution, or material alteration. Any insurance policy must be written by a reputable insurance company acceptable to Railway or with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provide. If coverage is purchased on a "claims made" basis, Contractor hereby agrees to maintain coverage in force for a minimum of three years after expiration, cancellation or termination of this contract. Annually, Contractor agrees to provide evidence of such coverage as required hereunder. Contractor represents that this Agreement has been thoroughly reviewed by Contractor's insurance agent(s)/broker(s), who have been instructed by Contractor to procure the insurance coverage required by this Agreement. Exhibit C-1 EAST PORPHYRY OVERHEAD — February 26, 2014 Page 5 of 8 Not more frequently than once every five years, Railway may reasonably modify the required insurance coverage to reflect then -current risk management practices in the railroad industry and underwriting practices in the insurance industry. If any portion of the operation is to be subcontracted by Contractor, Contractor shall require that the subcontractor shall provide and maintain the insurance coverage(s) set forth herein, naming Railway as an additional insured, and shall require that the subcontractor shall release, defend, and indemnify Railway to the same extent and under the same terms and conditions as Contractor is required to release, defend, and indemnify Railway herein. Failure to provide evidence as required by this section shall entitle, but not require, Railway to terminate this Agreement immediately. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of Contractor's obligations hereunder. The fact that insurance (including, without limitation, self-insurance) is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railway shall not be limited by the amount of the required insurance coverage. In the event of a claim or lawsuit involving Railway arising out of this agreement, Contractor will make available any required policy covering such claim or lawsuit. These insurance provisions are intended to be a separate and distinct obligation on the part of the Contractor. Therefore, these provisions shall be enforceable and Contractor shall be bound thereby regardless of whether or not indemnity provisions are determined to be enforceable in the jurisdiction in which the work covered hereunder is performed. For purposes of this section, Railway means `Burlington Northern Santa Fe LLC", "BNSF RAILWAY COMPANY" and the subsidiaries, successors, assigns and affiliates of each. Section 4. EXHIBIT C CONTRACTOR REQUIREMENTS The Contractor must observe and comply with all provisions, obligations, requirements and limitations contained in the Contract, and the Contractor Requirements set forth on Exhibit C attached to the Contract and this Agreement, , including, but not be limited to, payment of all costs incurred for any damages to Railway roadbed, tracks, and/or appurtenances thereto, resulting from use, occupancy, or presence of its employees, representatives, or agents or subcontractors on or about the construction site. Section 5. TRAIN DELAY Contractor is responsible for and hereby indemnifies and holds harmless Railway (including its affiliated railway companies, and its tenants) for, from and against all damages arising from any unscheduled delay to a freight or passenger train which affects Railway's ability to fully utilize its equipment and to meet customer service and contract obligations. Contractor will be billed, as further provided below, for the economic losses arising from loss of use of equipment, contractual loss of incentive pay and bonuses and contractual penalties resulting from Exhibit C-1 EAST PORPHYRY OVERHEAD — February 26, 2014 Page 6 of 8 train delays, whether caused by Contractor, or subcontractors, or by the Railway performing work under this Agreement. Railway agrees that it will not perform any act to unnecessarily cause train delay. For loss of use of equipment, Contractor will be billed the current freight train hour rate per train as determined from Railway's records. Any disruption to train traffic may cause delays to multiple trains at the same time for the same period. Additionally, the parties acknowledge that passenger, U.S. mail trains and certain other grain, intermodal, coal and freight trains operate under incentive/penalty contracts between Railway and its customer(s). Under these arrangements, if Railway does not meet its contract service commitments, Railway may suffer loss of performance or incentive pay and/or be subject to penalty payments. Contractor is responsible for any train performance and incentive penalties or other contractual economic losses actually incurred by Railway which are attributable to a train delay caused by Contractor or its subcontractors. The contractual relationship between Railway and its customers is proprietary and confidential. In the event of a train delay covered by this Agreement, Railway will share information relevant to any train delay to the extent consistent with Railway confidentiality obligations. Damages for train delay are currently $382.20 per hour per incident. THE RATE THEN IN EFFECT AT THE TIME OF PERFORMANCE BY THE CONTRACTOR HEREUNDER WILL BE USED TO CALCULATE THE ACTUAL COSTS OF TRAIN DELAY PURSUANT TO THIS AGREEMENT. Contractor and its subcontractors must give Railway's representative (BNSF Project Engineer, 909-386-4079) eight (8) weeks advance notice of the times and dates for proposed work windows. Railway and Contractor will establish mutually agreeable work windows for the project. Railway has the right at any time to revise or change the work windows due to train operations or service obligations. Railway will not be responsible for any additional costs or expenses resulting from a change in work windows. Additional costs or expenses resulting from a change in work windows shall be accounted for in Contractor's expenses for the project. Contractor and subcontractors must plan, schedule, coordinate and conduct all Contractor's work so as to not cause any delays to any trains. Exhibit C-1 EAST PORPHYRY OVERHEAD — February 26, 2014 Page 7 of 8 Kindly acknowledge receipt of this letter by signing and returning to the Railway two original copies of this letter, which, upon execution by Railway, will constitute an Agreement between us. Contractor BNSF Railway Company By: By: Printed Name: Title: Contact Person: Address: City: State: Zip: Fax: Phone: E-mail: Name: Manager Public Projects Accepted and effective this day of 20. Exhibit C-1 EAST PORPHYRY OVERHEAD — February 26, 2014 Page 8 of 8 EXHIBIT D The estimated cost of all railroad work modifying the East Porphyry Overhead as part of the Route-15/Route-91 interchange by constructing the EXPRESS LANE OVERHEAD to accommodate the SR-91 Corridor Improvement Project shall be included on Exhibit D attached to the West Porphyry Construction and Maintenance Agreement, WPCMA. Exhibit E RA/L WA Y Date: Michael Blomquist Toll Program Director RIVERSIDE COUNTY TRANSPORTATION COMMISSION 480 Lemon Street, 3rd. Floor Riverside, CA. 92502-2208 Melvin Thomas Manager Public Projects BNSF Railway Company 740 East Carnegie Drive San Bernardino, CA 92408 (909) 386-4472 (office) (909) 831-8199 (cell) (909) 386-4479 (fax) Melvin.ThomasObnsf.com Re: Final Approval of Plans and Specifications dated by (consultant) (hereinafter called, the "Plans and Specifications") Dear Mr. Blomquist: This letter serves as BNSF RAILWAY COMPANY'S ("BNSF") final written approval of that portion of the Plans and Specifications covering the Project's concept for modifying the East Porphyry Overhead (DOT No. 026595H) as part of the Route-15/Route-91 interchange by constructing a new overhead bridge to accommodate an Eastbound Route-91 to Southbound Route-15 express lane and a Northbound Route-15 to a Westbound Route-91 express lane that will be constructed on or adjacent to BNSF's Rail Corridor. This final written approval is given to RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("RCTC") pursuant to Article III, Section 1 of that certain Construction and Maintenance Agreement between BNSF, STATE OF CALIFORNIA, and RCTC, which this Exhibit E is attached to and made a part thereof. If the Plans and Specifications are revised by RCTC subsequent to the date set forth above, this letter shall no longer serve as final written approval of the Plans and Specifications and RCTC must resubmit said Plans and Specifications to BNSF for final written approval. It is understood that the approvals contained in this letter do not cover, the approvals of plans and specifications for any falsework, shoring, and demolition that may be subsequently submitted to BNSF by RCTC or its contractor for approval. BNSF has not reviewed the design details or calculations for structural integrity or engineering accuracy. BNSF accepts no responsibility for errors or omissions in the design of the project. Respectfully, Melvin Thomas Manager Public Projects BNSF Railway Exhibit F BNSF Bridge Requirements BRIDGE DESIGN, PLANS & SPECIFICATIONS: Except for the design of temporary falsework and shoring, BNSF review of the Structure plans will be limited to the vertical and horizontal clearances, sight distance for existing train signals, foundation dimensions and drainage characteristics as they relate to existing and future tracks. BNSF will not review structural design calculations for the permanent Structure unless a member or members are influenced by railroad live loads. Temporary falsework and shoring plans and calculations must be reviewed and approved by BNSF prior to beginning construction. RCTC shall perform an independent review of the design calculations for temporary falsework and shoring prior to submitting them to BNSF for approval. Temporary construction clearances must be no less than 15 feet measured horizontally from the centerline of the nearest track and 21 feet-6inches measured vertically from the top of rail of the most elevated track to the bottom of lowest temporary falsework member. State regulatory agencies may have more restrictive requirements for temporary railroad clearances. For the permanent Structure, RCTC will submit plans showing the least horizontal distance from the centerline of existing and future tracks to the face of the nearest member of the proposed Structure. The location of the least horizontal distance must be accurately described such that BNSF can determine where it will occur in both the horizontal and vertical plane. . For the permanent Structure, RCTC will submit plans showing the least vertical clearance from top of paving to bottom the deck of the proposed Structure. Prior to beginning construction of the permanent Structure, the top of rail elevations should be checked and verified that they have not changed from the assumed elevations utilized for the design of the bridge. The general policy of the Burlington Northern and Santa Fe (BNSF) with regard to bridge and related crash wall construction is to follow the current recommendations of the American Railway Engineering and Maintenance -of -Way Association (AREMA) Current AREMA recommended practice in Manual for Railway Engineering Chapter 8 (Art. 2.1.5.1). RCTC shall require its Contractor to submit specifications for the Structure to BNSF for review and approval. Prior to issuing any invitation to bid on construction of the Structure, RCTC should conduct a pre -bid meeting where prospective Contractors have the opportunity to communicate with BNSF personnel regarding site specific train speeds, train density, and general safety requirements for men and equipment working near live tracks. BRIDGE CONSTRUCTION: Prior to the Contractor entering BNSF's railroad corridor or property, to begin construction of the Project RCTC shall conduct a pre -construction meeting with BNSF personnel in attendance to reiterate the safety requirements of construction activity adjacent to live tracks. During construction, BNSF may require an independent engineering inspector to be present during certain critical activities of the Project, including but not limited to: driving foundation piles, erecting falsework, construction of shoring and retaining walls, placing concrete, placing soil backfill and compaction processes. RCTC shall reimburse BNSF for all costs of supplemental inspection services. Within 90 days of the conclusion of the Project and final acceptance by BNSF and, RCTC will provide BNSF with a complete electronic set of the bridge plans. BNSF will also accept a marked up paper copy of the bridge plans labeled "As Built". The marked up paper copy of the plans will reflect any and all deviations from the original plans that occurred during construction. The electronic set of the bridge plans will be submitted in Micro Station *.dgn Form 0105 Rev. 4/07/08 Page 1 of 2 East Porphyry Overhead, Corona, CA. electronic format (preferred) or AutoCAD *.dwg format. Electronic plans are to be submitted in the original format used for CAD plan preparation and not converted to another format prior to submission. The "As Built" plans shall show actual measured "as constructed" clearances shall be shown as well as depth, size and location of all foundation components. The plans shall show dimensioned locations of existing and relocated utilities. It is understood that BNSF prefers to receive the "As Built" plans in an electronic format. BRIDGE MAINTENANCE: CITY will be responsible for maintenance and repair of the Structure including the earth retention components, embankment slopes, erosion control, surface drainage, fencing, deck drains, landscaping, paint, walkways, handrails, lighting, and other improvements associated with the Project. Fencing and other pedestrian access controls within BNSF's rail corridor and incorporated into the Project shall be designed and maintained by RCTC through construction. Trespasser control shall be the responsibility of RCTC through construction. Graffiti removal will be the responsibility of CITY. BRIDGE INSPECTION: CITY will conduct annual routine structural inspections. In the event of an earthquake, fire, flood, damage from vehicular impacts or other emergent situations, CITY will provide an immediate inspection by qualified personnel and notify BNSF of damage that may affect safe passage of trains. If necessary CITY will embargo weights or provide lane closures or other such measures to protect the structural integrity of the Structure such that there can be continuous safe passage of trains until repairs are made. BRIDGE ALTERATIONS: Except as provided otherwise by this Agreement, there will be no alterations made to the Structure that will alter the railroad vertical or horizontal clearances provided by the original design. It is expressly understood by RCTC and CITY that the right to install utilities is restricted to the placement of underground utilities beneath BNSF's tracks located a minimum of fifty (50) feet from abutments, piers, piles, or footings with the exception that upon BNSF's prior approval BNSF will permit selected utilities to be installed closer to the abutments, piers, piles, footings and/or run through the deck of the Structure. Under no circumstances will utilities be allowed to hang from the Structure. All utility crossings within the limits of BNSF's Rail Corridor will be covered by separate agreements between BNSF and each of the owners of the utilities. Page 2 of 2 East Porphyry, Corona, CA. Form 0105 Rev. 4/14/05 PSOMAS EXHIBIT G LEGAL DESCRIPTION Caltrans Parcel No. 22305-4 Temporary Construction Licenses APN 115-050-014, 115-060-004, 115-070-001 In the City of Corona, County of Riverside, State of California, being a portion of Section 30, Township 3 South, Range 6 West, San Bernardino Meridian, as said Section 30 is shown on map of Rancho El Sobrante De San Jacinto, recorded in Book 7, Page 10 of Maps, Records of San Bernardino County, being two (2) parcels described as follows: Parcel 1 Beginning at the northeasterly corner of that certain 10 foot wide strip of land described in the Deed dated November 20, 1984, to the Atchison, Topeka and Santa Fe Railway Company, recorded January 2, 1985, as Instrument No. 681, Official Records of Riverside County; thence North 77°34'12" West 412.83 feet along the northerly line of said strip of land to a point thereon, said point being the True Point of Beginning; thence North 77°34'12" West 2,169.73 feet continuing along said northerly line and the westerly prolongation of said northerly line to a point thereon, said point also being the most southerly corner of the land described as Parcel No. 1 (4741-1) in the Deed to the State of California recorded December 08, 1987 as Instrument No. 347946 of Official Records of Riverside County; thence along the southerly line of said Parcel No. 1 (4741-1) the following two (2) courses: 1) North 74°11'31" East 68.32 feet to the beginning of a curve concave southerly having a radius of 2,985.00 feet; 2) Easterly along said curve 70.62 feet through a central angle of 01 °21'20" to the most easterly corner thereof, said corner being on the southerly line of that certain 16.86 acre parcel of land described in the Deed dated September 1, 1897, to the Southern California Railway Company (predecessor in interest to the Atchison, Topeka and Santa MA2PTG010501\SURVEY \LEGALS\22305_APN_ 115-050-014_AT&SRLzgals\22305-4.doc 2/3/2014 Page 1 of 4 PSOMAS Fe Railway Company), recorded October 2, 1897 in Book 62, Page 46 of Deeds, Records of Riverside County, thence along last said southerly line the following two (2) courses: 1) North 77°34'12" West 741.76 feet to the beginning of a curve concave northerly having a radius of 5,779.66 feet; 2) Westerly along last said southerly line and said curve 55.31 feet through a central angle of 00°32'54" to a point thereon, said point being the beginning of a non -tangent curve concave northerly having a radius of 2,752.00 feet, to which point a radial line bears South 10'50'24" East; thence easterly along said curve 126.94 feet through a central angle of 02°38'34" to a point, said point being the beginning of a non -tangent curve concave northerly having a radius of 2,752.00 feet, to which point a radial line bears South 14°41'14" East; thence easterly along said curve 99.44 feet through a central angle of 02°04'13" to a point on the northerly line of said lands of Southern California Railway Company, distant thereon North 77°34'12" West 240.73 feet from the most northerly comer of the land described as Parcel No. 3 (4741-3) in said Instrument No. 347946; thence South 77°34'12" East 2,541.32 feet along last said northerly line to a point thereon; said point being the beginning of a non -tangent curve concave westerly having a radius of 1,377.82 feet, to which point a radial line bears North 67°18'16" East; thence southerly along said curve 24.91 feet through a central angle of 01°02'09'; thence North 77°34'12" West 1,416.65 feet; thence South 71°24'29" West 241.58 feet; thence South 77°34'12" East 1,698.68 feet to a point on the southerly continuation of the above described curve cited herein as having a radius of 1,377.82 feet, to which point a radial line bears North 74°23'14" East; thence southerly along said southerly continuation of said curve 22.56 feet through a central angle of 00°56'18" to the True Point of Beginning. Containing 208,965 square feet. M A2PTG010501\SURVEY\LEGALS\22305_APN_115-050-014_AT&SF\Legals\22305-4.doc 2/3/2014 Page 2 of 4 PS OMAS Parcel 2 Beginning at the northeasterly corner of that certain 10 foot wide strip of land described in the Deed dated November 20, 1984, to the Atchison, Topeka and Santa Fe Railway Company, recorded January 2, 1985, as Instrument No. 681, Official Records of Riverside County; thence North 77°34'12" West 412.83 feet along the northerly line of said strip of land to a point thereon, said point being the beginning of a non -tangent curve concave westerly having a radius of 1,377.82 feet, to which point a radial line bears North 75°19'31" East; thence northerly along said curve 192.88 feet through a central angle of 08°01'16" to a point on the northerly line of that certain 16.86 acre parcel of land described in the Deed dated September 1, 1897, to the Southern California Railway Company (predecessor in interest to the Atchison, Topeka and Santa Fe Railway Company), recorded October 2, 1897 in Book 62, Page 46 of Deeds, Records of Riverside County; thence along the northerly line of said 16.86 acre parcel the following four (4) courses: 1) South 77°34'12" East 511.54 feet; 2) South 77°10'28" East 671.95 feet; 3) South 77°34'57" East 44.31 feet; 4) South 79°29'08" East 22.75 feet; thence South 11°02'57" West 21.24 feet; thence North 77°10'28" West 667.25 feet; thence North 77°34'12" West 261.97 feet to the beginning of a non -tangent curve concave westerly having a radius of 3,068.01 feet, to which point a radial line bears North 77°13'30" East; thence southerly along said curve 136.22 feet through a central angle of 02°32'38"; thence South 77°34'12" East 134.05 feet; thence South 84°57'18" East 392.25 feet; thence South 77°47'28" East 352.54 feet; thence South 11°02'57" West 11.78 feet; thence North 77°36'29" West 9.41 feet; thence South 05°37'44" West 8.31 feet; thence North 77°47'28" West 343.07 feet; thence North 84°57'18" West 392.29 feet to the Point of Beginning. Containing 85,289 square feet. MA2PTG010501\SURVEY \LEGALS\22305_APN_ 115-050-014_AT&SF\Legais\22305-4.doc 2/3/2014 Page 3 of 4 PS OMAS See Exhibit Gl attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. Prepared under the direction of ,get Brian E. Bullock PLS 5260 Date 2 e93-/1. M:12PTG010501 \SURV EYU.EGALS122305_APN_ 115-050-014_AT&SF\L.ega1s\223054.doc 2/3/2014 Page 4 of 4 EXHIBIT GI INDEX 22305-4 PARCEL 1 SEE SHEETS 2 TO 5 E. 3RD STREET QUARRY LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( )Title to State 1 1 1 1 1 Access Prohibited � pE FREEWAY RIVERSI v m 22305-4 l STREET m r U1 ca 7, Z m O CZ 0 PARCEL 2 SEE SHEETS 6 & 7 1 NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. 22305-4 TEMPORARY CONSTRUCTION LICENSES I FEET 0 400 800 1600 2400 PREPARED BY: P SOMA S 3 Hutton Centre Drive Ste. 200 Santa Ana, California 92707 (714)751-7373/M 4)545-8883 (Fax) DATE: 11-26-12 REV. 3: 02-03-14 EA: FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 RIV 91 7.2 1 7 EXHIBIT G1 PARCEL# TITLE AREA APN 22305-4 PCL 1 TCL 208965 SQ.FT. 115-050-014, 115-060-004, & 115-070-001 22305-4 PCL 2 TCL 85289 SQ. FT. 115-050-014 & 115-070-001 MOST N'LY COR. OF 030 PARCEL 3 (4741-3) cs-050- NO. 347946, O.R. Slgog1 Sl o 11J REC'D 12/8/87 S / 3 °28 ,58,,E lR) NE 6 Y 5 28',E (R) ) SW,CY 4;p2° R_279 4'13'i R �2°38'3 L_g9 °99, 2gS�7°3q �2„E L 126 .00' A r & 0° 73, -_ SF 94 RR BK. 62 RiW, -' 2541, 32 , —� `N 9 22 5-4 S�2�0 C N?7°3q'� PA O 1 r�� \`1O'r 3 \ iIT ' - i — _ I S10P Sg g2.`W(R 2 2 W �J3'4���' PG. 15024„E(R) R_5779°66' _ I �`/ -, 469 ids• _2 752. 00 , �6 �� 5 115--060'01 9' 60,016 EWO 3 10 RIVERSIDSTARIONING 2 WA USE 91 Cis , FREE Y Ro vERSIpE 3�o R 1 9 9 2� a ROUTE 0 06016 115' SECTION 30 RANCHO r . SO8RANTr / \\ N \ M I— w _ cn iii cn LEGEND DE SAN JAC]NTO POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning CURVE DATA (R) Indicates Radial Bearing DELTA RADIUS LENGTH C )Title to State 5779.66' 55.31 ' C2 00° 32'54" I I I I ( Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 3 O 5- 4 TEMPORARY CONSTRUCTION LICENSES distances. All distances are in feet unless otherwise noted. I immommommi FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santo Ana, California 92707 74)751-7373/C714)545-8 (1883 (Fax) DATE: 11-26-12 REV. 3: 02-03-14 EA: FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 RIV 91 7.2 2 7 EXHIBIT Gl PARCEL# TITLE AREA APN 22305-4 PCL 1 TCL 208965 SQ.FT. 115-050-014, 115-060-004, & 115-070-001 22305-4 PCL 2 TCL 85289 SQ. FT. 115-050-014 & 115-070-001 CURVE DATA 2 DELTA RADIUS LENGTH F RE SWAY C1 01 ° 21 '20" 2985.00' 70.62' N F- Ld =N RIVER510E 36o U1E g1�lONING FREE A � R� STA 9 RSI 0 91 RISE -� ROUE E 6 31 5 / 34�2"E f i �i� 8 _.►�� 62 � 7 � ` -- 54I�32, 0-:3.rt .) F R __' �- 0• °27- R W ���� ? �1 �, 0��\ \N14 09 W(R) :G. 46 68.32; E( ---� (22305-4) L2 N7 -- 7 PARCEL 1 A� .5� w MOST S'LY COR. 7°39 12" W ` Zo 2A 2g W W OF PARCEL NO. 1 INST. NO. 347946, O.R. S7�°34 �2 0 60,OZQ SECT] ON 30 2169. 73' E � 6gge 68' 1 5� RANC1-10 EL SO8RANTE ----, CJr Sr' N JACINTO 20,00, _ 0 w cn LEGEND LINE DATA POB Indicates Point Of Beginning BEARING DISTANCE TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing L1 L2 N77°34'12'W N77° 34'1 2' W 741.76' 1 41 6.65' ( ) Title to State I I II I Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 3 0 5- 4 TEMPORARY CONSTRUCTION LICENSES distances. All distances are in feet unless otherwise noted. I FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santo (714)751Ana, 7373/(7114)545-8E183 (Fax) DATE: 11-26-12 REV. 3: 02-03-14 EA: FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 7. 2 3 7 EXHIBIT Gl PARCEL# TITLE AREA APN 22305-4 PCL 1 TCL 208965 SQ.FT. 115-050-014, 115-060-004, & 115-070-001 22305-4 PCL 2 TCL 85289 SQ.FT. 115-050-014 & 115-070-001 p5p�0 33 115� --____ re-)5��0 4 4'12„E I LI LLI = v7 w w v`1 PARCEL 1 �� 20, 50 , N77°34'12„w BK. 62, 2541, 32, �_ S770, , AT SF RR PG, q6 1 g16.65 12 E RAW Ddsa ti �-� N7703q 12 W 169g. 6g —� pea 115,p60' 20.0p 2169.73 1 in F- w w in w w i„ 22305-4 i _ _ _ PARCEL 1 ' -- `_ SECTION 30 LEGEND RAJ\1G1-IU" EL SOBRANT POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing E SAN JACINTO ( ) Title to State I I I I I Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 3 0 5- 4 TEMPORARY CONSTRUCTION LICENSES distances. All distances are in feet unless otherwise noted. I FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200Santo (714)751n-a7373/(7114)54598883 (Fax) DATE: 11-26-12 REV. 3: 02-03-14 EA: FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 RIV 91 7.2 4 7 EXHIBIT G1 PARCEL# TITLE AREA APN 22305-4 PCL 1 TCL 208965 SQ. FT. 115-050-014, 115-060-004, & 115-070-001 22305-4 PCL 2 TCL 85289 SQ.FT. 115-050-014 & 115-070-001 033 0 5,05 , 11 22305-4 v w w 0 w cn LU PARCEL 1 S7703q '2„E 20•Sp, S77034, _,, 25g1.32, N6? 5j1 °5q2"E ° B N7703q ,12" ' 8 6"E (q) K° 62, W Pr; 46 I q 16° 65 3 —� pa C AT SF RR S° N68°2p 25"E R/W (R) S��°3q -..� 12„E __ 22305-4 16g8.68' w w N7703,, PARCEL 2 s 2 W N74 °23 / q E (R) 20°00, w 22305-4 216g° N 3,---,,,_ Cq PARCEL 1 Sr CT D`1 3J N75° RANCHO E'L SOBRANTr � 9 31 E (R) Jr SAN JAC1 INTO T.P.O.B. PARCEL 1 036070'1\177034'12 W 11 ' 412.83 LEGEND CURVE DATA P08 Indicates Point Of Beginning DELTA RADIUS LENGTH TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing C3 C4 01°02'09' o 00°56 1 8 1377°82' 1 377.82 24.91' 22.56 C )Title to State C5 08 01 16 1377.82 192.88 I I I I I Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 3 0 5- 4 TEMPORARY CONSTRUCTION LICENSES distances. All distances are in feet unless otherwise noted. i FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 (714)751n 7373/(714)54S-8883 (Fax) DATE: 11-26-12 REV. 3: 02-03-14 EA: FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 7. 2 5 7 EXHIBIT GI PARCEL# TITLE AREA APN 22305-4 PCL 1 TCL 208965 SQ.FT. 115-050-014, 115-060-004, & 115-070-001 22305-4 PCL 2 TCL 85289 SQ.FT. 115-050-014 & 115-070-001 Ln I— _ ur) uJ z m 2230 S/ A can P P�C� -1 m N670 18 16 E (R) J LA S77°34'12"E 1 t `� ` _ _ Jt \` 51 1 •54 s \ \ .a ,---z 0 �N77034, ,`1(22305-4) • - 2p• p0 _ S77010, 671• 8 E N I— w = cn w tI> ° �--1 2 9 5' ° 7 �� 61 bV w w o� v of �f s • g 7, �— PARCEL 2 \ 01 "(_-;1 '‘ g W I�R°2°32'N766°7 10'5w--_ m =l568°0318 \ +.2' - 22_ ; L3 N o N77°3 L-1, _ S84°57'18"E 75 19'3 4 12'w '- 392.25' T.P 0, 1 E (R) 4/2.83, '-___, _ N84°57'18"W 392.29 PARCEL B, JAisr, �� 6e1, 1O, ,,f�,, P.O.B. cn 20.00' CURVE DATA ?°f 1 DELTA RADIUS LENGTH S 11- 6 C5 08°01'16" 1377.82' 192.88' �01`.' 115 LEGEND POB Indicates Point Of Beginning LINE DATA TPOB Indicates True Point Of Beginning (R) BEARING DISTANCE Indicates Radial Bearing ( ) Title to State L3 S77°34'12"E 134.05' I I I I !Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 3 0 5- 4 TEMPORARY CONSTRUCTION LICENSES distances. All distances are in feet unless otherwise noted. I FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200 Santa (714)751n 7373/(7114)545-8883 (Fax) DATE: 11-26-12 REV. 3: 02-03-14 EA: FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 7. 2 6 7 EXHIBIT G1 PARCEL# TITLE AREA APN 22305-4 PCL 1 TCL 208965 SQ. FT. 115-050-014, 115-060-004, & 115-070-001 22305-4 PCL 2 TCL 85289 SQ.FT. 115-050-014 & 115-070-001 PARCEL 2 22305-4 c9 w = --__ S77°1p 28 E 2•p o0 S77°34' _—_ 671.95, 44�3157 E N7 72p 28 W 572g 08,, --- L4 .0p22 ' 5 E 667e25 S.—S1 1 ° L5 S77°47 28•,E 352s 21u2q 7"W 5q, N77° _ 47'2g„ W 1 3q3°07 / �� � 22305-4 �/ _ LU __-- ��\' / PARCEL 2 SEE DETAIL " A" ,�� /�i� 2y , � —_____ S77°g7'2g„ / / 352,54E i i // N77036'29,, / / 9°41' IN S11 °7/ 1. 8 7„W/ / / / �— N770 S05°37, / 3q3 0�8"W 8.3j 44 �/ / i .' I DETAIL "A" � � \ SCALE: 1 " = 20' --- �� \`_----J� LEGEND LINE DATA BEARING DISTANCE POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing L4 L5 S84 57 18 E N84°57'18"W 392.25 392.29' ( ) Title to State I I I I 1 Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground 2 2 3 0 5- 4 TEMPORARY CONSTRUCTION LICENSES distances. All distances are in feet unless otherwise noted. 1 FEET 0 50 100 200 300 PREPARED BY: PSOMAS 3 Hutton Centre Drive, Ste. 200Santa (714)751Ana, 7373/(714)54598883 (Fax) DATE: 11-26-12 REV. 3: 02-03-14 EA: FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO.TOTAL SHEETS 8 R I V 91 7. 2 7 I 7 PS OMAS EXHIBIT G2 LEGAL DESCRIPTION Caltrans Parcel No. 22738-3 Temporary Construction License APN 115-070-036 In the City of Corona, County of Riverside, State of California, being a portion of Section 30, Township 3 South, Range 6 West, San Bernardino Meridian, as said Section 30 is: shown on map of Rancho El Sobrante De San Jacinto, recorded in Book 7, Page 10 of Maps, Records of San Bernardino County, also being a portion of that certain strip of land, 10.00 feet wide, described in the Deed dated November 20, 1984, to the Atchison, Topeka and Santa Fe Railway Company, recorded January 2, 1985, as Instrument No. 681 of Official Records of Riverside County, being described as follows: Beginning at the northeasterly corner of said strip of land; thence along the northerly, westerly, southerly, and easterly lines of said strip of land the following four (4) courses: 1) North 77°34'12" West 460.36 feet; 2) South 11 °37'08" East 10.95 feet; 3) South 77°34'12" East 459.73 feet; 4) North 08°33'08" West 10.71 feet to the Point of Beginning. Containing 4,600 square feet. See Exhibit G3 attached hereto and made a part hereof. The distances described herein are grid distances and are based on California Coordinate System of 1983, Zone 6, 2007.00 epoch. Ground distances may be obtained by dividing grid distances by the mean combination factor of the courses being described. The mean combination factor for this conversion is 0.99997476. M:U PTG010501 \ SURVEY \LEGALS\22 73 8_APN_ 115-070-036\Legals\22738-3. doc 2/4/2014 Page 1 of 2 1 2 3 5 6 7 8 9 10 11 l2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PS OMAS Prepared under the direction of Brian E. Bullock, PLS 5260 Date 2- 4 - 44 M\2PTG010501 \SURVEY\LEGALS\22738_APN_ 115-070-036\Legals\22738-3.doc 2/4/2014 Page 2 of 2 EXHIBIT G3 INDEX E. 3R0 STREET QUARRY STREET LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing ( ) Title to State J 1 1 I I Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain ground distances. All distances are in feet unless otherwise noted. 22738-3 TEMPORARY CONSTRUCTION LICENSE FEET 0 400 800 1600 2400 PREPARED BY: PS O M A S DATE: 11-26-12 REV. 2: 02-04-14 EA: F A#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 3 Hutton Centre Drive, Ste. 200 Santo Ana, California 92707 (714)751-7373t(714)545-8883 (Fax) 8 RIV 91 7.2 2 EXHIBIT G3 PARCEL# TITLE AREA APN 22738-3 TCL 4600 SOFT. 115-070-036 ,--, Z Fl CD m (./) r N —k D --A 71 -`_ - --, AT \ \ L1 & Sr\RR Riw \ r \ 1 - \ \ 1 r'�1 AM,\ \ j — _ \ -1 \ \ 81(- 1 _ — �= 1 j\is f,'\ l�lrj ; , \ \ is�9 PC. 4S� Dtys� _ — — _ — _ } 7 ,�}�, \ \ t i \ \ 22738-3 2' ? \\ j NE'LY COR. _ , _,704 INST. NO. S/1°` S1 34'1 t i 1 681, O.R. 7 03 �'0$,,E 2 - 9 g3 +- 460. 36`1— — _ 439•73' _—' — —__ P.O.B. , er I RANCHO r L SO8RANI .i0, R, °cPo DE S, N J A G Ji r 0 1,�o 0; 4 LEGEND POB Indicates Point Of Beginning TPOB Indicates True Point Of Beginning (R) Indicates Radial Bearing _ ( ) Title to State 1 1 1 1 1 Access Prohibited NOTES Coordinates and bearings are on CCS 1983(2007.00) Zone 6. Distances and stationing are grid distances. Divide by 0.99997476 to obtain 2 2 7 3 8 e 3 TEMPORARY CONSTRUCTION LICENSE ground distances. A11 distances are in feet unless otherwise noted. FEET 0 40 80 160 240 PREPARED BY: PSOMAS 3 Hutton Centre Drive Ste. 200 Santa (7,4)751Ana, 7373/(7141545-8883 (Fox) DATE: 11-26-12 REV. 2: 02-04-14 EA: FA#: DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS 8 R I V 91 7.2 2 2 AGENDA ITEM 9D RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: May 14, 2014 TO: Riverside County Transportation Commission FROM: Western Riverside County Programs and Projects Committee David Thomas, Toll Project Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Construction Agreement with Dalke & Sons Construction, Inc. for State Route 91 Corridor Improvement Project Right of Way Property Mitigation Package 3 WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: • • 1) Award Agreement No. 14-31-081-00 to Dalke & Sons Construction, Inc. (Dalke & Sons) for the construction of State Route 91 Corridor Improvement Project (SR-91 CIP) Right of Way (ROW) Property Mitigation Package 3 in the amount of $5,147,846, plus a contingency amount of $514,785, for a total amount not to exceed $5,662,631; 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; and 3) Authorize the Executive Director to approve contingency work pursuant to the agreement terms up to the total amount. BACKGROUND INFORMATION: At its May 2013 meeting, the Commission approved the award of Agreement No. 12-31-113-00 to Atkinson/Walsh, a Joint Venture (AWJV), for the design and construction of the SR-91 CIP, which widens SR-91 through Corona, extends the existing 91 Express Lanes from the Orange County line to Interstate 15, and constructs other general purpose lane and toll express lane improvements within the corridor. Subsequent to this approval, AWJV has been issued the full Notice to Proceed (NTP), in accordance the design -build contract and is currently proceeding with final design and construction of the SR-91 CIP. Additionally at its May 2013 meeting, the Commission approved Agreement No. 09-31-081-03, Amendment No. 3 to Agreement No. 09-31-081-00, with Parsons Transportation Group, Inc. (Parsons) to further expand the project and construction management (PCM) services to support the SR-91 CIP design -build contract. This expanded scope included providing ROW Agenda Item 9D 127 mitigation design services for certain properties affected by the SR-91 CIP. ROW mitigation design services are needed to reconfigure partially acquired properties to maximize the utility and minimize business impacts to the property owner. Following the Commission's approval, Parsons was given authorization by staff to begin ROW mitigation design in June 2013. The mitigation properties were divided into separate design packages based on complexity of work and commitment dates set forth in the SR-91 CIP design - build contract. Throughout the design process, staff offered property owners the opportunity to review and provide comments or concerns to the designs as they were developed. Input received from the property owners was taken into consideration and incorporated into the designs to the extent feasible. At its December 2013 meeting, the Commission authorized the Executive Director to award Agreement No. 14-31-022-00 to Dalke & Sons for the construction of ROW Property Mitigation Package 2. SR-91 CIP ROW Property Mitigation Package 3 consists of five properties: 1441 Pomona Road (Dvorak and Payne Property), 2785 Palisades (All Size Storage Property), 1351 Pomona Road (El Corona Property), Wardlow Circle Parcel 9 (Auto Center Drive Sign), and 1454 Pomona Road (Bensen Property). The general scope of this property mitigation involves the partial removal and reconstruction of the existing building facades and reconfiguration of the sites to accommodate the additional ROW required for the SR-91 CIP. Individual NTPs will be given for construction on each of the five parcels within ROW Property Mitigation Package 3 in order to provide schedule flexibility throughout the acquisition process. Individual NTPs will only be given once full rights to the associated property is received. Staff is currently working through the acquisition process and anticipates receiving full rights for each of the five properties between May 2014 and October 2014. Procurement Process On March 7, 2014, the Commission advertised Invitation for Bids (IFB) No. 14-31-081-00 for ROW Property Mitigation Package 3. A public notice was advertised in the Press Enterprise, and the IFB was posted on the Commission's PlanetBids website, which is accessible through the Commission's website. Electronic mail messages were sent to vendors registered in the Commission's PlanetBids database that fit the IFB qualifications. Additionally, postcards were sent to firms who had expressed past interest in these services. Thirty-seven firms downloaded the Notice to Bidders. Seven are located in Riverside County. Nineteen firms purchased the bid documents. Two are located in Riverside County. On April 10, 2014, two bids were received and publicly opened. A summary of the bids received is shown in Table A. Agenda Item 9D • 128 " " " T a b l e A S R - 9 1 C I P R O W P r o p e r t y M i t i g a t i o n a n d C o n s t r u c t i o n S e r v i c e s ( P a c k a g e 3 ) B i d S u m m a r y F i r m ( I n o r d e r f r o m l o w b i d t o h i g h b i d ) B i d A m o u n t E n g i n e e r ' s E s t i m a t e $ 6 , 5 6 6 , 0 0 0 1 D a l k e & S o n s C o n s t r u c t i o n , I n c . ( R i v e r s i d e ) $ 5 , 1 4 7 , 8 4 6 2 A m e r i c a n I n t e g r a t e d S e r v i c e s ( W i l m i n g t o n ) $ 5 , 9 2 7 , 0 0 0 T h e b a s i s f o r a w a r d f o r a p u b l i c w o r k s c o n t r a c t i s t h e l o w e s t r e s p o n s i v e a n d r e s p o n s i b l e b i d d e r a s d e f i n e d b y t h e C o m m i s s i o n ' s p r o c u r e m e n t p o l i c y a n d s t a t e l a w . T h e b i d p r i c e s u b m i t t e d b y D a l k e & S o n s w a s 2 2 p e r c e n t l o w e r t h a n t h e e n g i n e e r ' s e s t i m a t e f o r c o n s t r u c t i o n . F e d e r a l l y - f u n d e d c o n t r a c t s a d m i n i s t e r e d b y t h e C o m m i s s i o n a r e s u b j e c t t o t h e r e q u i r e m e n t s o f t h e C o d e o f F e d e r a l R e g u l a t i o n s , P a r t 2 6 , T i t l e 4 9 e n t i t l e d P a r t i c i p a t i o n b y D i s a d v a n t a g e d B u s i n e s s E n t e r p r i s e s ( D B E ) i n D e p a r t m e n t o f T r a n s p o r t a t i o n F i n a n c i a l A s s i s t a n c e P r o g r a m s . P u r s u a n t t o t h e r e l e v a n t f e d e r a l D B E p r o v i s i o n s , t h e C o m m i s s i o n e s t a b l i s h e d a 7 . 6 p e r c e n t D B E p a r t i c i p a t i o n g o a l i n t h e c o n s t r u c t i o n b i d a d v e r t i s e m e n t f o r t h i s p r o j e c t . O n l y a b i d d e r m e e t i n g t h e e s t d b l i s t r e d D B E g o d l f a r t h i s p r o j e u l L d r l b e c u n s i d e r e d f u l l y r e s p o n s i v e t o t h e b i d r e q u i r e m e n t s . T o m e e t t h i s r e q u i r e m e n t , b i d d e r s m u s t e i t h e r a c h i e v e t h e D B E g o a l , o r , a l t e r n a t i v e l y , m e e t t h e g o o d f a i t h e f f o r t s ( G F E ) r e q u i r e m e n t s e t f o r t h i n t h e i n v i t a t i o n f o r b i d . T h e l o w b i d d e r , D a l k e & S o n s , c o u l d n o t m e e t t h e 7 . 6 p e r c e n t D B E g o a l ; h o w e v e r , i t s G F E d e m o n s t r a t e d a d e q u a t e e f f o r t s w e r e m a d e t o s u b c o n t r a c t w i t h D B E f i r m s . A f t e r a n a l y z i n g t h e t w o l o w e s t b i d s p e r t h e F e d e r a l H i g h w a y A d m i n i s t r a t i o n / C a l t r a n s a n a l y s i s p r o c e s s , s t a f f a n d P a r s o n s c o n c l u d e d t h e D a l k e & S o n s b i d i n t h e a m o u n t o f $ 5 , 1 4 7 , 8 4 6 i s t h e l o w e s t r e s p o n s i b l e a n d r e s p o n s i v e b i d r e c e i v e d f o r t h e p r o j e c t . S t a f f r e c o m m e n d s a w a r d o f A g r e e m e n t N o . 1 4 - 3 1 - 0 8 1 - 0 0 f o r t h e c o n s t r u c t i o n o f t h e p r o j e c t t o D a l k e & S o n s i n t h e a m o u n t o f $ 5 , 1 4 7 , 8 4 6 p l u s a c o n t i n g e n c y a m o u n t o f $ 5 1 4 , 7 8 5 , t o f u n d p o t e n t i a l c h a n g e o r d e r s a n d s u p p l e m e n t a l w o r k , f o r a t o t a l a m o u n t n o t t o e x c e e d $ 5 , 6 6 2 , 6 3 1 . F i n a n c i a l I n f o r m a t i o n I n F i s c a l Y e a r B u d g e t : Y e s N / A Y e a r : F Y 2 0 1 3 / 1 4 F Y 2 0 1 4 / 1 5 A m o u n t : $ 1 , 0 0 0 , 0 0 0 $ 4 , 6 6 2 , 6 3 1 S o u r c e o f F u n d s : S a l e s T a x a n d T o l l B o n d P r o c e e d s ; T I F I A L o a n P r o c e e d s B u d g e t A d j u s t m e n t : N o N / A G L A / P r o j e c t A c c o u n t i n g N o . : 0 0 3 0 2 8 8 1 4 0 2 0 0 0 0 0 0 0 0 0 2 6 2 3 1 8 1 4 0 2 F i s c a l P r o c e d u r e s A p p r o v e d : \ I - X - e - L a - 4 , i ' D a t e : 0 4 / 1 8 / 2 0 1 4 A t t a c h m e n t : D r a f t A g r e e m e n t N o . 1 4 - 3 1 - 0 8 1 - 0 0 A g e n d a I t e m 9 D 1 2 9 CONTRACT FOR CONSTRUCTION THIS CONTRACT is made this day of , 2014, in the County of Riverside, State of California, by and between the Riverside County Transportation Commission, hereinafter called Commission, and Dalke & Sons Construction, Inc., hereinafter called Contractor. The Commission and Contractor are sometimes referred to herein, individually, as "Party" and, collectively, as the "Parties". The Commission and the Contractor for the considerations stated herein agree as follows: ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all work within the time stipulated in the Contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following work, as further specified in this Article: CONSTRUCTION SERVICES TO DEMOLISH, REPAIR, REMODEL, RE- CONSTRUCT AND/OR MITIGATE FIVE (5) RIGHT OF WAY (ROW) PROPERTIES FOR THE STATE ROUTE 91 CORRIDOR IMPROVEMENT PROJECT - PACKAGE 3 (hereinafter "Project") The Contractor and its surety shall be liable to the Commission for any damages arising as a • result of the Contractor's failure to comply with this obligation. ARTICLE 2. CONTRACT TIME. Time is of the essence in the performance of the Work. The Work shall be commenced on the dates stated in the Commission's Notices to Proceed 1 through 5, inclusive, as forth below. The Contractor shall complete all Work required by the Contract Documents in accordance with the Completion Dates set forth in the table below and within TWO HUNDRED EIGHTY NINE (289) calendar days from the commencement date stated in Notice to Proceed (NTP) 1 hereafter the Contract Time. Contractor will be provided access to begin work on each individual parcel in accordance with the following intermediate NTP dates. These dates are subject to revision by the Commission based on actual progress of preceding parcel acquisitions. Revision of the NTP dates indicated below shall not constitute entitlement for additional compensation provided that the overall contract period is not extended beyond 289 calendar days. NTP NO. PARCEL ANTICIPATED DATE INTERIM MILESTONE DATE COMPLETION DATE 1 Bensen (CPN 22173) 5/21/14 7/3/14 NTP 1 + 150 Days 2 Auto Center Dr. Electronic Sign(CPN22111) 5/21/14 None NTP 2 + 100 Days 3 EI Corona (CPN 22176) 7/18/14 10/1/14 NTP 3 + 180 Days 4 All Size Storage (CPN 22114) 7/18/14 None NTP 4 + 150 Days 5 Dvorak and Payne (CPN 22175) 10/6/14 11/17/14 NTP 5 + 150 Days 130 Contractor shall further complete elements of the work in accordance with the following interim milestones: ➢ Interim Milestone - Bensen (CPN 22173): July 3, 2014 - Complete all contract work scope within the areas between the existing and proposed Caltrans Right of Way lines. Provide access to aforementioned areas for use by SR-91 CIP Design -Build Contractor. Subsequent to the Interim Milestone date, Contractor's use of the area may be restricted in whole, or in part, by the Commission. Bathroom facilities must be maintained for use by the property owner at all times. Temporary bathroom facilities, equivalent to the property's existing bathroom facilities (i.e. mobile restroom trailer), shall be provided by the Contractor as required to facilitate the work. ➢ Interim Milestone — EI Corona (CPN 22176): October 1, 2014 - Complete all contract work scope within the areas between the existing Caltrans Right of Way and the proposed City of Corona Right of Way lines. Provide access to aforementioned areas for use by SR-91 CIP Design -Build Contractor. Subsequent to the Interim Milestone date, Contractor's use of the area may be restricted in whole, or in part, by the Commission: ➢ Interim Milestone — Dvorak and Payne (CPN 22175): November 17, 2014 - Complete all contract work scope within the areas between the existing Caltrans Right of Way and the proposed City of Corona Right of Way lines. Provide access to aforementioned areas for use by SR-91 CIP Design -Build Contractor. Subsequent to the Interim Milestone date, Contractor's use of the area may be restricted in whole, or in part, by the Commission. RCTC reserves the right to withhold payment to the Contractor if the Contractor fails to complete the work under any of the Interim Milestones set forth above until such work is complete and accepted by RCTC. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. ARTICLE 3. CONTRACT PRICE. The Commission shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Five Million One Hundred Forty Seven Thousand Eight Hundred Forty Six dollars ($5,147,846), hereinafter, the Contract Price. Payment shall be made as set forth in the General Conditions. ARTICLE 4. LIQUIDATED DAMAGES. In accordance with Government Code Section 53069.85, it is agreed that the contractor will pay the Commission the sum of One Thousand Four Hundred Dollars ($1,400) for each and every calendar day of delay in completing the Work beyond each Completion Date set forth in Article 2 above, or beyond the Contract Time, as liquidated damages and not as a penalty or forfeiture. In the event the Contractor is assessed or incurs liquidated damages due to its delay of one or more Completion Dates or the Contract Time, such liquidated damages shall be cumulative. In the event this is not paid, the contractor agrees the Commission may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents. 131 In anticipation of, and compliance with, the provisions of California Public Contract Code § 7102 and because it is agreed that the Contractor and the Commission that actual damages are impracticable and extremely difficult to ascertain, if the Contractor is delayed in completing the work due solely to the fault of the Commission, and where such delay is unreasonable under the circumstances and not contemplated by the parties, the Contractor shall be entitled to the appropriate time extension and to payment of liquidated damages in the sum of One Thousand Four Hundred Dollars ($1,400) for each and every calendar day of delay. The Contractor expressly agrees to be limited solely to the liquidated damages for all such delays as defined in this subsection. ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The "Contract Documents" include only the following documents, each of which is incorporated into this Agreement by reference: , 1. Notice Inviting Bids 2. Instructions to Bidders 3. Contractor's Bid Forms 4. Contractor's Certificate Regarding Workers' Compensation • • 5. Bid Bond 6. Designation of Subcontractors 7. Information Required of Bidders 8. Non -Collusion Declaration form 9. Iran Contracting Act Certification 10. Contract 11. Performance Bond 12. Payment (Labor and Materials) Bond 13. General Conditions 14. Special Provisions (or Special Conditions) 15. Federal Requirements Technical Specifications dated September 27, 2013 16. Greenbook Standard Specifications (Excluding Sections 1-9 in their entirety) 17. City of Corona Public Works Department Standard Plans and Special Provisions 18. Addenda 19. Plans and Contract Drawings 20. Approved and fully executed change orders The Contactor shall complete the Work in strict accordance with all of the Contract Documents. All of the Contract Documents are intended to be complementary. Work required by one of the 132 Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties, whether written or oral. The Contract can be modified only by a written Change Order executed in accordance with the Contract Documents. ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work. ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions. ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay not less than the prevailing rate of wages in accordance with the Labor Code, which rates have been determined by the Director of the California Department of Industrial Relations and shall be made available at the Offices of the Commission or may be obtained online at http//www.dir.ca.gov/dlsr. The wage rates must be posted at the job site. IN WITNESS WHEREOF, this Contract has been duly executed by the above -named parties, on the day and year above written. [SIGNATURES ON FOLLOWING PAGE] 133 " R i v e r s i d e C o u n t y T r a n s p o r t a t i o n C o m m i s s i o n B y : D a l k e & S o n s C o n s t r u c t i o n , I n c . B y : S i g n a t u r e S i g n a t u r e N a m e N a m e T i t l e A t t e s t : T i t l e L i c e n s e N u m b e r A t t e s t : C o m m i s s i o n C l e r k A p p r o v e d a s t o f o r m : B y . S i g n a t u r e I t s : S e c r e t a r y N a m e T i t l e AGENDA ITEM 9E " R I V E R S I D E C O U N T Y T R A N S P O R T A T I O N C O M M I S S I O N D A T E : M a y 1 4 , 2 0 1 4 T O : R i v e r s i d e C o u n t y T r a n s p o r t a t i o n C o m m i s s i o n F R O M : B u d g e t a n d I m p l e m e n t a t i o n C o m m i t t e e S h i r l e y M e d i n a , P l a n n i n g a n d P r o g r a m m i n g D i r e c t o r T H R O U G H : A n n e M a y e r , E x e c u t i v e D i r e c t o r S U B J E C T : A c t i v e T r a n s p o r t a t i o n P r o g r a m M e t r o p o l i t a n P l a n n i n g O r g a n i z a t i o n R e g i o n a l P r o g r a m G u i d a n c e a n d M e t h o d o l o g y f o r A s s i g n i n g A d d i t i o n a l P o i n t s f o r R i v e r s i d e C o u n t y P r o j e c t A p p l i c a t i o n s B U D G E T A N D I M P L E M E N T A T I O N C O M M I T T E E A N D S T A F F R E C O M M E N D A T I O N : T h i s i t e m i s f o r t h e C o m m i s s i o n t o a p p r o v e t h e M e t r o p o l i t a n P l a n n i n g O r g a n i z a t i o n ( M P O ) R e g i o n a l P r o g r a m G u i d a n c e a n d M e t h o d o l o g y f o r a s s i g n i n g a n a d d i t i o n a l 1 0 p o i n t s t o R i v e r s i d e C o u n t y A c t i v e T r a n s p o r t a t i o n P r o g r a m ( A T P ) p r o j e c t a p p l i c a t i o n s c o r e s , s u b s e q u e n t t o t h e " " C a l i f o r n i a T r a n s p o r t a t i o n C o m m i s s i o n ' s ( C T C ) e v a l u a t i o n p r o c e s s . B A C K G R O U N D I N F O R M A T I O N : P e r S B 9 9 , t h e A T P w a s c r e a t e d c o n s o l i d a t i n g s e v e r a l f u n d i n g p r o g r a m s i n t e n d e d f o r i m p r o v i n g a c t i v e t r a n s p o r t a t i o n , w h i c h i n c l u d e d f e d e r a l T r a n s p o r t a t i o n A l t e r n a t i v e P r o g r a m f u n d s , H i g h w a y S a f e t y I m p r o v e m e n t P r o g r a m f u n d s , a n d S t a t e H i g h w a y A c c o u n t f u n d s . T h e g o a l s o f t h e A T P a r e t o : " I n c r e a s e t h e p r o p o r t i o n o f t r i p s a c c o m p l i s h e d b y w a l k i n g a n d b i k i n g . " I n c r e a s e t h e s a f e t y a n d m o b i l i t y o f n o n - m o t o r i z e d u s e r s . " A d v a n c e t h e a c t i v e t r a n s p o r t a t i o n e f f o r t s o f r e g i o n a l a g e n c i e s t o a c h i e v e g r e e n h o u s e g a s r e d u c t i o n g o a l s a s e s t a b l i s h e d p u r s u a n t t o S B 3 7 5 a n d S B 3 9 1 . " E n h a n c e p u b l i c h e a l t h , i n c l u d i n g r e d u c t i o n o f c h i l d h o o d o b e s i t y t h r o u g h t h e u s e o f p r o g r a m s i n c l u d i n g , b u t n o t l i m i t e d t o , p r o j e c t s e l i g i b l e f o r S a f e R o u t e s t o S c h o o l p r o g r a m f u n d i n g . " E n s u r e d i s a d v a n t a g e d c o m m u n i t i e s f u l l y s h a r e i n t h e b e n e f i t s o f t h e p r o g r a m . " P r o v i d e a b r o a d s p e c t r u m o f p r o j e c t s t o b e n e f i t m a n y t y p e s o f a c t i v e t r a n s p o r t a t i o n u s e r s . T h e C T C i s r e s p o n s i b l e f o r a d m i n i s t e r i n g t h e A T P i n c l u d i n g d e v e l o p i n g g u i d e l i n e s , p r o j e c t s e l e c t i o n c r i t e r i a , e v a l u a t i o n o f p r o j e c t s , a n d a l l o c a t i o n o f f u n d s . O n M a r c h 2 1 , 2 0 1 4 , t h e C T C r e l e a s e d t h e f i r s t C a l l f o r A T P p r o j e c t s . A p p l i c a t i o n s a r e d u e t o C a l t r a n s b y M a y 2 1 . A g e n d a I t e m 9 E 1 3 5 Funding Availability The ATP is divided into three categories: 50 percent to Statewide, 10 percent to small urban and rural areas, and 40 percent to MPO Urban Areas. The first call for ATP projects includes three years of funding totaling $360 million. The Southern California Association of Governments (SCAG) region will receive approximately $76 million with the Commission's target share at $8,757,000. Eligible Proiect Applicants The following agencies are eligible to apply for ATP funds: • Local, regional or state agencies (Caltrans, city, county, MPO, etc.) • Transit agencies • Public schools or school districts • Tribal governments • Natural resource or public land agencies (state or local park or forest agencies, state or local fish and game or wildlife agencies, Department of Interior Land Management agencies, U.S. Forest Service) • Private non-profit tax-exempt organizations • Other entities with responsibility for oversight of transportation or recreational trails that the CTC determines eligible Applicants must comply with all federal and state laws, regulations, policies and procedures required to enter into a local administering agency -state master agreement. Additionally, applicants must adhere to the Caltrans Local Assistance Procedures manual for administering federal funds. CTC Evaluation Criteria The CTC developed project evaluation criteria and will score all project applications. The evaluation criteria include the following: • Potential for increased walking and bicycling, especially among students, including the identification of walking and bicycling routes to and from schools, transit facilities, community centers, employment centers, and other destinations; and including increasing and improving connectivity and mobility of non -motorized users. (0 to 30 points) • Potential for reducing the number and/or rate of pedestrian and bicyclist fatalities and injuries, including the identification of safety hazards for pedestrians and bicyclists. (0 to 25 points) • Public participation and planning, including identification of the community -based public participation process that culminated in the project proposal, which may include noticed meetings and consultation with local stakeholders. (0 to 15 points) Agenda Item 9E • 136 " " C o s t - e f f e c t i v e n e s s . ( 0 t o 1 0 p o i n t s ) " I m p r o v e d p u b l i c h e a l t h t h r o u g h t h e t a r g e t i n g o f p o p u l a t i o n s w i t h h i g h r i s k f a c t o r s f o r o b e s i t y , p h y s i c a l i n a c t i v i t y , a s t h m a , o r o t h e r h e a l t h i s s u e s . ( 0 t o 1 0 p o i n t s ) " B e n e f i t t o d i s a d v a n t a g e d c o m m u n i t i e s . ( 0 t o 1 0 p o i n t s ) " U s e o f t h e C a l i f o r n i a C o n s e r v a t i o n c o r p s o r a q u a l i f i e d c o m m u n i t y c o n s e r v a t i o n c o r p s . P o i n t s w i l l b e d e d u c t e d i f a n a p p l i c a n t d o e s n o t s e e k c o r p s p a r t i c i p a t i o n o r i f a n a p p l i c a n t i n t e n d s n o t t o u t i l i z e a c o r p s i n a p r o j e c t i n w h i c h t h e c o r p s c a n p a r t i c i p a t e . ( 0 t o - 5 p o i n t s ) " A p p l i c a n t ' s p e r f o r m a n c e o n p a s t g r a n t s . A p p l i c a t i o n s f r o m a g e n c i e s w i t h d o c u m e n t e d p o o r p e r f o r m a n c e r e c o r d s o n p a s t g r a n t s m a y b e e x c l u d e d f r o m c o m p e t i n g o r m a y b e p e n a l i z e d i n s c o r i n g . ( 0 t o - 1 0 p o i n t s ) T h e C T C w i l l a p p r o v e p r o j e c t s f o r t h e s t a t e w i d e a n d s m a l l u r b a n a n d r u r a l a r e a s f u n d i n g o n A u g u s t 2 0 . T h e C T C w i l l t h e n p r o v i d e t h e M P O ' s a l i s t i n g o f p r o j e c t a p p l i c a t i o n s t h a t w e r e n o t f u n d e d f r o m t h e s t a t e w i d e f u n d s f o r c o n s i d e r a t i o n f o r f u n d i n g i n t h e M P O 4 0 p e r c e n t u r b a n a r e a r e g i o n a l p r o g r a m . M P O R e g i o n a l P r o g r a m " " I n t h e S C A G r e g i o n , S B 9 9 r e q u i r e s t h e f o l l o w i n g : " S C A G m u s t c o n s u l t w i t h c o u n t y t r a n s p o r t a t i o n c o m m i s s i o n s , t h e C T C , a n d C a l t r a n s i n t h e d e v e l o p m e n t o f c o m p e t i t i v e s e l e c t i o n c r i t e r i a . " T h e c r i t e r i a u s e d b y S C A G s h o u l d i n c l u d e c o n s i d e r a t i o n o f g e o g r a p h i c e q u i t y , c o n s i s t e n t w i t h p r o g r a m o b j e c t i v e s . " S C A G m u s t p l a c e p r i o r i t y o n p r o j e c t s t h a t a r e c o n s i s t e n t w i t h p l a n s a d o p t e d b y l o c a l a n d r e g i o n a l g o v e r n m e n t s w i t h i n t h e c o u n t y w h e r e t h e p r o j e c t i s l o c a t e d . " S C A G m u s t o b t a i n c o n c u r r e n c e f r o m t h e c o u n t y t r a n s p o r t a t i o n c o m m i s s i o n s . M P O s a r e g i v e n t h e o p t i o n o f d e v e l o p i n g a n d a p p r o v i n g s e p a r a t e p r o j e c t s e l e c t i o n c r i t e r i a a s l o n g a s t h e c r i t e r i a a r e c o n s i s t e n t w i t h t h e C T C ' s g u i d e l i n e s . G i v e n t h e t i m i n g o f t h i s f i r s t c y c l e o f f u n d i n g a n d t h e n e e d t o q u i c k l y d e l i v e r p r o j e c t s i n t h e r e g i o n , S C A G o p t e d t o u s e t h e C T C ' s a d o p t e d p r o j e c t s e l e c t i o n c r i t e r i a . A d d i t i o n a l l y , S C A G w i l l a l l o w e a c h r e s p e c t i v e c o u n t y t r a n s p o r t a t i o n c o m m i s s i o n t o a s s i g n u p t o 1 0 p o i n t s t o t h e C T C ' s p r o j e c t s c o r e s f o r p r o j e c t s t h a t a r e c o n s i s t e n t w i t h l o c a l a n d r e g i o n a l p l a n s . E a c h c o u n t y t r a n s p o r t a t i o n c o m m i s s i o n i n t h e S C A G r e g i o n i s r e s p o n s i b l e f o r d e f i n i n g " p l a n s " a n d d e v e l o p i n g i t s g u i d a n c e a n d m e t h o d o l o g y f o r a s s i g n i n g t h e a d d i t i o n a l 1 0 p o i n t s . I n a d d i t i o n , i f a c o u n t y t r a n s p o r t a t i o n c o m m i s s i o n a s s i g n s p o i n t s t o a p r o j e c t f o r w h i c h i t i s t h e l e a d a p p l i c a n t , a n e x p l a n a t i o n m u s t b e p r o v i d e d o n h o w t h e s c o r i n g p r o c e s s r e s u l t e d i n a n u n b i a s e d e v a l u a t i o n o f p r o j e c t s . A p p l i c a t i o n s s u b m i t t e d f o r p l a n n i n g a c t i v i t i e s t h a t w e r e n o t r e c o m m e n d e d f o r t h e s t a t e w i d e f u n d s w i l l b e f u r t h e r r e v i e w e d b y S C A G f o r i n c l u s i o n i n t h e 5 p e r c e n t M P O s e t a s i d e f o r p l a n n i n g a c t i v i t i e s , w h i c h m a y i n c l u d e t h e d e v e l o p m e n t o f a c t i v e t r a n s p o r t a t i o n p l a n s i n A g e n d a I t e m 9 E 1 3 7 disadvantaged communities or non -infrastructure projects. SCAG will also ensure 25 percent of the total regional program is dedicated for projects benefitting disadvantaged communities as required by state law. Per CTC guidelines, "disadvantaged communities" can be determined as follows: • The median household income is less than 80 percent of the statewide median based on the most current census tract level data from the American Community Survey. • An area identified as among the most disadvantaged 10 percent in the state according to latest versions of the California Communities Environmental Health Screening Tool scores. • At least 75 percent of public school students in the project area are eligible to receive free or reduced -price meals under the National School Lunch Program. If a project applicant believes a project benefits a disadvantaged community but the project does not meet the aforementioned criteria, the applicant must submit for consideration a quantitative assessment of why the community should be considered disadvantaged. The Commission Proposed Guidelines and Methodology for Assigning 10 Points Considering this is the first call for projects under the new ATP, staff recommends providing as much flexibility and discretion to Riverside County projects selected for the MPO Regional Program. Therefore, for the purposes of defining consistency with adopted local and regional "plans", plans may include, but are not limited to, the following: • Measure A Expenditure Plan • Riverside County Public Transportation — Annual Countywide Performance Report • SCAG Regional Transportation Plan (RTP)/Sustainability Communities Strategy (SCS) • Western Riverside County Non -motorized Transportation Plan • Coachella Valley Non -motorized Transportation Plan • City/County/School District Bicycle Plans • City/County/School District Pedestrian Facilities • Trail System — Regional or Multi -County Trail System (e.g. Santa Ana River Trail, CV -Link) • Other Consistency with the above and/or similar bicycle and pedestrian plans may include the following project improvements: Extensions, gap closures, safety enhancements, and other physical features that enhance the current or planned facilities or systems, and also encourage and/or increase usage of non - motorized or low emission vehicle transportation. Agenda Item 9E 138 " F o r p r o j e c t s d e t e r m i n e d t o b e c o n s i s t e n t w i t h l o c a l a n d r e g i o n a l p l a n s , s t a f f w i l l a s s i g n 1 0 p o i n t s t o t h e C T C p r o j e c t s c o r e . S t a f f w i l l a l s o c o n s u l t w i t h t h e r e s p e c t i v e l o c a l o r r e g i o n a l a g e n c i e s r e g a r d i n g t h e c o n s i s t e n c y a n d a d o p t i o n s t a t u s o f s u c h p l a n s . I n a d d i t i o n , s t a f f w i l l c o n s i d e r t h e f o l l o w i n g a s p a r t o f i t s s u b m i t t a l t o S C A G : 1 ) T h e r e q u i r e m e n t t h a t 2 5 p e r c e n t o f t h e f u n d s d i s t r i b u t e d t o e a c h M P O m u s t b e n e f i t d i s a d v a n t a g e d c o m m u n i t i e s a s p a r t o f i t s p r o j e c t r e c o m m e n d a t i o n ; a n d 2 ) G e o g r a p h i c e q u i t y , c o n s i s t e n t w i t h p r o g r a m o b j e c t i v e s . E a c h c o u n t y t r a n s p o r t a t i o n c o m m i s s i o n w i l l s u b m i t t o S C A G i t s r e c o m m e n d e d p r o j e c t l i s t a n d S C A G , i n t u r n , w i l l s u b m i t t h e M P O R e g i o n a l P r o g r a m r e c o m m e n d a t i o n ( i n c l u d i n g a l l s i x c o u n t i e s w i t h i n t h e S C A G r e g i o n ) t o t h e C T C b y S e p t e m b e r 3 0 . T h e C T C A T P g u i d e l i n e s i n d i c a t e t h e A T P M P O R e g i o n a l P r o g r a m o f P r o j e c t s w i l l b e a p p r o v e d b y t h e C T C i n N o v e m b e r 2 0 1 4 . A T P f u n d s a r e a d m i n i s t e r e d t h r o u g h t h e C T C , C a [ t r a n s , a n d F H W A . T h e r e f o r e , t h e r e i s n o f i s c a l i m p a c t t o t h e C o m m i s s i o n ' s b u d g e t . " " A g e n d a I t e m 9 E 1 3 9 AGENDA ITEM 9F " R I V E R S I D E C O U N T Y T R A N S P O R T A T I O N C O M M I S S I O N D A T E : M a y 1 4 , 2 0 1 4 T O : R i v e r s i d e C o u n t y T r a n s p o r t a t i o n C o m m i s s i o n F R O M : B u d g e t a n d I m p l e m e n t a t i o n C o m m i t t e e T h e r e s i a T r e v i n o , C h i e f F i n a n c i a l O f f i c e r T H R O U G H : A n n e M a y e r , E x e c u t i v e D i r e c t o r S U B J E C T : T r a n s p o r t a t i o n U n i f o r m M i t i g a t i o n F e e R e v e n u e P r o j e c t i o n B U D G E T A N D I M P L E M E N T A T I O N C O M M I T T E E A N D S T A F F R E C O M M E N D A T I O N : T h i s i t e m i s f o r t h e C o m m i s s i o n t o : 1 ) A p p r o v e t h e r e v i s e d F i s c a l Y e a r 2 0 1 3 / 1 4 T r a n s p o r t a t i o n U n i f o r m M i t i g a t i o n F e e ( T U M F ) r e v e n u e p r o j e c t i o n o f $ 7 . 4 m i l l i o n , c o m p r i s e d o f $ 3 . 7 m i l l i o n r e l a t e d t o r e g i o n a l a r t e r i a l s a n d $ 3 . 7 m i l l i o n t o C o m m u n i t y E n v i r o n m e n t a l T r a n s p o r t a t i o n A c c e p t a b i l i t y P r o c e s s " " ( C E T A P ) c o r r i d o r s ; a n d 2 ) A p p r o v e t h e b u d g e t d e c r e a s e a d j u s t m e n t s t o T U M F r e v e n u e s o f $ 2 . 3 m i l l i o n r e l a t e d t o r e g i o n a l a r t e r i a l s a n d $ 2 . 3 m i l l i o n t o C E T A P c o r r i d o r s . B A C K G R O U N D I N F O R M A T I O N : A t i t s J a n u a r y 8 , 2 0 1 4 m e e t i n g , t h e C o m m i s s i o n a p p r o v e d t h e F Y 2 0 1 3 / 1 4 m i d - y e a r r e v e n u e p r o j e c t i o n s f o r M e a s u r e A , L o c a l T r a n s p o r t a t i o n F u n d , a n d T U M F . S t a f f c o n t i n u e d t o m o n i t o r t h e F Y 2 0 1 3 / 1 4 r e v e n u e s t o d e t e r m i n e i f a n y a d j u s t m e n t s t o t h e r e v e n u e p r o j e c t i o n s a r e n e c e s s a r y . I t a p p e a r s T U M F r e v e n u e s h a v e s l o w e d d o w n d u r i n g F Y 2 0 1 3 / 1 4 a n d c o m p a r e d t o F Y 2 0 1 2 / 1 3 a c t u a l o f $ 1 1 . 9 m i l l i o n . T h e m i d - y e a r T U M F r e v e n u e p r o j e c t i o n w a s $ 1 2 m i l l i o n , o r $ 6 m i l l i o n f o r r e g i o n a l a r t e r i a l s a n d $ 6 m i l l i o n f o r C E T A P c o r r i d o r s . T h e r e v i s e d T U M F r e v e n u e p r o j e c t i o n i s $ 7 . 4 m i l l i o n , o r $ 3 . 7 m i l l i o n f o r r e g i o n a l a r t e r i a l s a n d $ 3 . 7 m i l l i o n f o r C E T A P c o r r i d o r s . T h i s r e s u l t s i n a $ 4 . 6 m i l l i o n d e c r e a s e i n t h e T U M F r e v e n u e p r o j e c t i o n a n d b u d g e t e d r e v e n u e s , o r $ 2 . 3 m i l l i o n d e c r e a s e f o r e a c h T U M F p r o g r a m . A s a r e s u l t o f t h e r e v i s e d T U M F r e v e n u e p r o j e c t i o n f o r F Y 2 0 1 3 / 1 4 , t h e a m o u n t s e t a s i d e i n t h e T U M F r e g i o n a l a r t e r i a l p r o g r a m f o r d e v e l o p e r c r e d i t r e i m b u r s e m e n t s i s a f f e c t e d . I n O c t o b e r 2 0 1 3 , t h e C o m m i s s i o n a p p r o v e d a p a y m e n t p l a n f o r a d e v e l o p e r r e i m b u r s e m e n t a g r e e m e n t t h a t i n c l u d e d a n i n i t i a l p a y m e n t o f $ 6 6 5 , 0 0 0 f o r a m o u n t s s e t a s i d e t h r o u g h F Y 2 0 1 2 / 1 3 p l u s 1 0 p e r c e n t o f a n n u a l b u d g e t e d r e v e n u e s , c o m m e n c i n g w i t h F Y 2 0 1 3 / 1 4 , u n t i l t h e $ 3 , 0 5 1 , 6 3 6 o b l i g a t i o n i s s a t i s f i e d . B a s e d o n t h e r e v i s e d T U M F r e v e n u e p r o j e c t i o n , t h e a m o u n t s e t a s i d e i n F Y 2 0 1 3 / 1 4 f o r t h e d e v e l o p e r c r e d i t r e i m b u r s e m e n t a g r e e m e n t w i l l b e $ 3 7 0 , 0 0 0 , o r 1 0 p e r c e n t o f t h e T U M F r e g i o n a l a r t e r i a l p r o g r a m r e v e n u e s . A b u d g e t a d j u s t m e n t i s n o t r e q u i r e d f o r t h i s e x p e n d i t u r e , a s t h e r e a r e s u f f i c i e n t b u d g e t e d T U M F r e g i o n a l a r t e r i a l e x p e n d i t u r e s . A g e n d a I t e m 9 F 1 4 0 Financial Information In Fiscal Year Budget: No Year: FY 2013/14 Amount: ($4,600,000) Source of Funds: TUMF Budget Adjustment: Yes GLA No.: 210 72 42110 ($2,300,000) 210 73 42110 ($2,300,000) Fiscal Procedures Approved: \I-41.14443liwo Date: 04/22/14 Agenda Item 9F 141 AGENDA ITEM 9G " R I V E R S I D E C O U N T Y T R A N S P O R T A T I O N C O M M I S S I O N D A T E : M a y 1 4 , 2 0 1 4 T O : R i v e r s i d e C o u n t y T r a n s p o r t a t i o n C o m m i s s i o n F R O M : W e s t e r n R i v e r s i d e C o u n t y P r o g r a m s a n d P r o j e c t s C o m m i t t e e A l e x M e n o r , C a p i t a l P r o j e c t s M a n a g e r T H R O U G H : A n n e M a y e r , E x e c u t i v e D i r e c t o r S U B J E C T : A m e n d m e n t t o T r a n s p o r t a t i o n U n i f o r m M i t i g a t i o n F e e R e g i o n a l A r t e r i a l A g r e e m e n t f o r t h e I n t e r s t a t e 1 5 / R a i l r o a d C a n y o n R o a d I n t e r c h a n g e P r o j e c t i n t h e C i t y o f L a k e E l s i n o r e W E S T E R N R I V E R S I D E C O U N T Y P R O G R A M S A N D P R O J E C T S C O M M I T T E E A N D S T A F F R E C O M M E N D A T I O N : T h i s i t e m i s f o r t h e C o m m i s s i o n t o : " " 1 ) A p p r o v e A g r e e m e n t N o . 1 0 - 7 2 - 0 1 6 - 0 3 , A m e n d m e n t N o . 3 t o A g r e e m e n t N o . 1 0 - 7 2 - 0 1 6 - 0 0 , w i t h t h e c i t y o f L a k e E l s i n o r e ( L a k e E l s i n o r e ) f o r t h e I n t e r s t a t e 1 5 / R a i l r o a d C a n y o n R o a d i n t e r c h a n g e p r o j e c t t o a u t h o r i z e a d d i t i o n a l s c o p e t o a n a l y z e a r o u n d a b o u t a l t e r n a t i v e a s p a r t o f t h e p r o j e c t a p p r o v a l a n d e n v i r o n m e n t a l d o c u m e n t ( P A & E D ) p h a s e w i t h a n a d d i t i o n a l $ 6 0 0 , 0 0 0 o f T U M F f u n d s t o b e a l l o c a t e d t o t h i s p h a s e f o r a t o t a l a m o u n t n o t t o e x c e e d $ 2 , 2 0 5 , 0 0 0 ; 2 ) A p p r o v e A g r e e m e n t N o . 1 1 - 3 1 - 1 0 7 - 0 3 , A m e n d m e n t N o . 3 t o A g r e e m e n t N o . 1 1 - 3 1 - 1 0 7 - 0 0 , w i t h S C E n g i n e e r i n g t o a d d a r o u n d a b o u t a l t e r n a t i v e t o t h e P A & E D s e r v i c e s a s s o c i a t e d w i t h t h e p r o j e c t i n t h e a m o u n t o f $ 5 0 0 , 0 0 9 , p l u s a n a d d i t i o n a l c o n t i n g e n c y a m o u n t o f $ 2 5 , 0 0 0 f o r a t o t a l i n c r e a s e o f $ 5 2 5 , 0 0 9 , r e s u l t i n g i n a t o t a l n o t t o e x c e e d a m o u n t o f $ 1 , 2 3 0 , 0 0 9 ; 3 ) A u t h o r i z e t h e C h a i r o r E x e c u t i v e D i r e c t o r , p u r s u a n t t o l e g a l c o u n s e l r e v i e w , t o e x e c u t e t h e a g r e e m e n t s o n b e h a l f o f t h e C o m m i s s i o n ; 4 ) A u t h o r i z e t h e E x e c u t i v e D i r e c t o r t o a p p r o v e r e l e a s e o f c o n t i n g e n c y w o r k u p t o t h e t o t a l a u t h o r i z e d a m o u n t a s m a y b e r e q u i r e d f o r t h e p r o j e c t ; a n d 5 ) A u t h o r i z e t h e E x e c u t i v e D i r e c t o r , p u r s u a n t t o l e g a l c o u n s e l r e v i e w , t o e x e c u t e a g r e e m e n t s w i t h C a l t r a n s t o r e f l e c t n o n - f u n d i n g c h a n g e s r e l a t e d t o t h e p r o j e c t o n b e h a l f o f t h e C o m m i s s i o n . B A C K G R O U N D I N F O R M A T I O N : I n A p r i l 2 0 0 0 , L a k e E l s i n o r e i n i t i a t e d t h e I - 1 5 / R a i l r o a d C a n y o n R o a d i n t e r c h a n g e p r o j e c t t o i m p r o v e s a f e t y , c i r c u l a t i o n , a n d l e v e l o f s e r v i c e o f t h e i n t e r c h a n g e . I n S e p t e m b e r 2 0 0 3 , L a k e E l s i n o r e c o m p l e t e d t h e p r o j e c t s t u d y r e p o r t . B e t w e e n J a n u a r y 2 0 0 4 a n d J u n e 2 0 0 5 , A g e n d a I t e m 9 G 1 4 2 Lake Elsinore completed interim improvements at the interchange to improve operations. In January 2006, Lake Elsinore contracted with SC Engineering to prepare the required studies for the PA&ED phase. In February 2010, the Commission entered into Agreement No. 10-72-016-00 with Lake Elsinore to provide $1 million of TUMF Regional Arterial program funds for the project's PA&ED phase. In January 2011, the city council approved a resolution requesting the Commission to assume the PA&ED phase contract with SC Engineering. In May 2011, the Commission approved Agreement No. 10-72-016-01 to increase the TUMF Regional Arterial program funds by $206,000 and Agreement No. 11-31-107-00 for the Commission to assume the SC Engineering agreement in the amount of $192,000, plus a contingency of $32,000, for a total amount not to exceed $224,000 in order to manage the completion of the PA&ED phase for the project. In late 2011, new requirements to analyze greenhouse gases for the air quality report and to include new 2010 census data in the community impact assessment report resulted in an additional $75,000 in out -of -scope work. Subsequently, work on the project stopped until October 2013, when Lake Elsinore requested the Commission restart work on this project. Commission staff then determined the amount of work required to complete the PA&ED phase. Lake Elsinore secured approval at its November 12, 2013, council meeting to increase the TUMF allocated to this phase and to increase the PA&ED funding by $399,000 to $1,605,000. The additional TUMF funds were approved by the Commission in December 2013 and reprogrammed from a future right of way phase. In December 2013, the Commission approved staff's recommendation to amend SC Engineering's contract Amendment No. 2 for an additional amount of $481,000 to continue with the PA&ED phase of work. The total Commission authorization for this additional work was $705,000. DISCUSSION: Due to the immediate need to alleviate traffic conditions at the I-15/Railroad Canyon Road interchange, staff in cooperation with Lake Elsinore and Caltrans has been looking at different alternatives to expedite much needed improvements in this location. After preliminary studies and numerous meetings with Lake Elsinore, Federal Highway Administration, Caltrans, and the project development team, it was agreed that a roundabout alternative should be added in the PA&ED suite of alternatives currently under consideration. At its March 25, 2014, council meeting, Lake Elsinore approved a request to the Commission to include the roundabout alternative in the project's PA&ED phase. The roundabout alternative analysis is estimated to cost $600,000. The additional TUMF funds will be programmed from a future right of way phase. Staff estimates the phase can be completed in about 18 months. The major benefits of the roundabout alternative are minimal right of way impacts and considerably lower construction cost of between $10-$15 million compared to the construction cost for the alternatives under consideration of between $65-$70 million. Additionally, the Agenda Item 9G 143 " c u r r e n t a l t e r n a t i v e s u n d e r c o n s i d e r a t i o n w i l l b e d e s i g n e d t o a 3 0 p e r c e n t p l a n l e v e l w h i l e t h e r o u n d a b o u t a l t e r n a t i v e w i l l b e d e s i g n e d t o a b o u t 8 0 p e r c e n t p l a n l e v e l d u r i n g t h i s P A & E D p h a s e . C o m m i s s i o n s t a f f r e v i e w e d S C E n g i n e e r i n g ' s p r o p o s a l t o a d d a r o u n d a b o u t a l t e r n a t i v e a n d r e c o m m e n d s t h e C o m m i t t e e a p p r o v e t h i s r e q u e s t t o c o m p l e t e t h e P A & E D p h a s e . S t a f f e s t i m a t e s t h e a d d i t i o n a l c o s t t o c o m p l e t e t h i s p h a s e i s $ 6 0 0 , 0 0 0 , c o m p r i s e d o f $ 5 0 0 , 0 0 9 f o r S C E n g i n e e r i n g , $ 2 5 , 0 0 0 f o r c o n t i n g e n c y , a n d C o m m i s s i o n s t a f f c o s t s o f $ 7 4 , 9 9 1 . T h e r e f o r e , s t a f f r e c o m m e n d s a n a m e n d m e n t t o t h e S C E n g i n e e r i n g a g r e e m e n t f o r $ 5 2 5 , 0 0 9 . A s a r e s u l t o f a p p r o v a l o f A m e n d m e n t N o . 3 t o S C E n g i n e e r i n g a g r e e m e n t , t h e t o t a l C o m m i s s i o n a u t h o r i z a t i o n w i l l b e $ 1 , 2 3 0 , 0 0 9 . F i n a n c i a l I n f o r m a t i o n I n F i s c a l Y e a r B u d g e t : N / A Y e a r : F Y 2 0 1 4 / 1 5 + A m o u n t : $ 6 0 0 , 0 0 0 r e v e n u e s a n d e x p e n d i t u r e s S o u r c e o f F u n d s : T U M F R e g i o n a l A r t e r i a l B u d g e t A d j u s t m e n t : N / A G L / P r o j e c t 0 0 5 1 0 4 4 1 6 4 1 6 0 7 2 1 0 7 2 4 2 1 1 0 $ 6 0 0 , 0 0 0 T U M F f u n d i n g f 1 n 5 1 0 4 m i n i 2 1 0 7 7 R 1 1 0 1 $ 5 2 5 , 0 0 9 E n g i n P e r I n g e x p e n d i t u r e s A c c o u n t i n g N o . : 0 0 5 1 0 4 6 X X X X 2 1 0 7 2 6 X X X X $ 7 4 , 9 9 1 C o m m i s s i o n s t a f f a n d o t h e r c o s t s F i s c a l P r o c e d u r e s A p p r o v e d : \ �� 4 4 0 _ , , w D a t e : 0 4 / 1 8 / 2 0 1 4 A t t a c h m e n t s : 1 ) D r a f t T U M F F u n d i n g A m e n d m e n t A g r e e m e n t N o . 1 0 - 7 2 - 0 1 6 - 0 3 2 ) D r a f t S C E n g i n e e r i n g A m e n d m e n t A g r e e m e n t N o . 1 1 - 3 1 - 1 0 7 - 0 3 3 ) S C E n g i n e e r i n g S c o p e a n d F e e f o r A m e n d m e n t N o . 3 4 ) S C E n g i n e e r i n g A m e n d m e n t 3 S c h e d u l e A g e n d a I t e m 9 G 1 4 4 " " A T T A C H M E N T 1 A g r e e m e n t N o . 1 0 - 7 2 - 0 1 6 - 0 3 A M E N D M E N T N O . 3 T O A G R E E M E N T F O R T H E F U N D I N G O F T U M F R E G I O N A L A R T E R I A L I M P R O V E M E N T S W I T H T H E C I T Y O F L A K E E L S I N O R E F O R T H E R A I L R O A D C A N Y O N R O A D A T 1 - 1 5 I M P R O V E M E N T S 1 . P A R T I E S A N D D A T E T h i s A m e n d m e n t N o . 3 i s m a d e a n d e , 2 0 1 4 , b y a n d b e t w e e n t h e R I C O M M I S S I O N ( " C o m m i s s i o n " ) a n d C I T Y O 2 . R E C I T A L S 2 . 1 T h e C o m m i s s i o n a n d t h e C i t y F " A g r e e m e n t f o r t h d n g o f T U M t h e C i t y o f L a k e = n ` e " d a t e d A g r e e m e n t " ) . T h e M r e n t p s c o p e o f w o r k , s c h e d u E n v i r o B o c u m e C a n o a " " e ��' ` a 1 - 1 5 1 T h e P r e c t i s . e s p e c i d e s c r i b A g r e e r r i ' a s o f t h i s d a y o f T Y T R A N S P O R T A T I O N " C i t y " ) . d i n t o a n a m e n t e n t i t l e d T o n a l A r t e r i a l I m p ` o v e m e n t s w i t h r u a r y 4 , 2 0 1 0 ( t h e " M a s t e r s t h e t e r m s a n d c o n d i t i o n s , r t h e P r o j e c t A p p r o v a l a n d e l a t e d t o t h e R a i l r o a d c t ( h e r e i n a f t e r t h e " P r o j e c t " ) . e " ' i n E x h i b i t " B " o f t h e M a s t e r " a n d t h e a e n t e r e d i n t o a n A m e n d m e n t N o . 1 t o r e g r e t , d a t e d d u n e 6 , 2 0 1 1 , ( " A m e n d m e n t N o . 1 " ) f o r t h e p u r p o s e n c r e a S i n g _ _ t h e F u n d i n g A m o u n t a n d a s s u m i n g t h e C i t y ' s , x i s t i n g p r o f e s s i o n a l s e r v i c e s a g r e e m e n t w i t h S C E n g i n e e r i n g f o r t h e ��t & E D s e r v i c e " # o r t h e P r o j e c t . 2 . 3 T h e C e r n n i i s s l n a n d t h e C i t y h a v e e n t e r e d i n t o a n A m e n d m e n t N o . 2 t o t h e M a s t e r e m e n t , d a t e d D e c e m b e r 1 9 , 2 0 1 3 , ( " A m e n d m e n t N o . 2 " ) f o r t h e p u r p o s e o f i n c r e a s i n g t h e F u n d i n g A m o u n t a n d a s s u m i n g t h e C i t y ' s e x i s t i n g p r o f e s s i o n a l s e r v i c e s a g r e e m e n t w i t h S C E n g i n e e r i n g f o r t h e P A & E D s e r v i c e s f o r t h e P r o j e c t . 2 . 4 T h e p a r t i e s n o w d e s i r e t o a m e n d t h e M a s t e r A g r e e m e n t i n o r d e r t o p r o v i d e a d d i t i o n a l T U M F f u n d i n g f o r t h e c o m p l e t i o n o f t h e P A & E D P h a s e o f t h e P r o j e c t . 1 7 3 3 6 . 0 1 2 0 0 \ 8 3 8 1 0 4 8 . 2 1 1 4 5 3. TERMS 3.1 The Funding Amount, as set forth in Section 3.2 of the Master Agreement, as amended by Amendment No. 2, shall be increased from One Million Six Hundred Five Thousand Dollars ($1,605,000) to Two Million Two Hundred Five Hundred Dollars (2,205,000). 3.2 The funding allocations identified in Exhib" of the Master Agreement shall be replaced by the funding al � ns identified in Exhibit "A" attached to this Amendment and in ° ted herein by reference. The Funding Amount shall be utilized a`ec • in the attached Exhibit "A" and in accordance with the terra ° _tle Mast reement. 3.3 Except as amended by th Agreement, as amended by limitation the indemnity and ins and effect_ and govern Amendment. 2 1733 6.01200\83 8104 8.2 mendment, all pr'sions of the Master endment Flo. 1 and including without e p ons, shall in in full force ns of the parties under this wing • 146 " " S I G N A T U R E P A G E T O A G R E E M E N T N O . 1 0 - 7 2 - 0 1 6 - 0 3 I N W I T N E S S W H E R E O F , t h e p a r t i e s h e r e t o h a v e e x e c u t e d t h i s A m e n d m e n t o n t h e d a t e f i r s t h e r e i n a b o v e w r i t t e n . R I V E R S I D E C O U N T Y C I T Y O F . K E E L S I N O R E T R A N S P O R T A T I O N C O M M I S S I O N B y : M a r i o n A s h l e y , C h a i r A P P R O V E D A S T O B y : o n , M a y o r T O F O R M : s t B e s t & K ' e r L L P B a r b a r a L i e b o l d J s e l t o t h e R 1 V r s l d e C a n t y C i t y A t t o r n e y r a n s p o r t a t i o n C o M 4 ' s i o n 1 7 3 3 6 . 0 1 2 0 0 \ 8 3 8 1 0 4 8 . 2 3 1 4 7 EXHIBIT "A" FUNDING FUNDING: PHASE TUMF LOCAL TOTAL PA&ED $2,205,000 $0 $2,205,000 TOTAL $2,205,000 N/A n, $2,205,000 17336.01200\8381048.2 EXHIBIT "A" 148 " " " A T T A C H M E N T 2 A g r e e m e n t N o . 1 1 - 3 1 - 1 0 7 - 0 3 A M E N D M E N T N O . 3 T O A G R E E M E N T F O R P R O F E S S I O N A L S E R V I C E S W I T H S C E N G I N E E R I N G F O R T H E R A I L R O A D C A N Y O N / D I A M O N D D R I V E I N T E R C H A N G E A T T H E 1 - 1 5 F R E E W A Y 1 P A R T I E S A N D D A T E T h i s A m e n d m e n t N o . 3 i s m a d e a n d , 2 0 1 4 , b y a n d b e t w e e n t h e C O M M I S S I O N ( " C o m m i s s i o n " ) a n d R E Y E E N G I N E E R I N G ( " C o n s u l t a n t " ) . 2 . R E C I T A L S 2 . 1 T h e C i t y o f L a k e A g r e e m e n t F o r P r o " M a s t e r A g r e e m e n t " ) P r o j e c t ' n d D r a f t y ; f o r t - ���� a n y o n F r e e ` ( t h e " P " p a c t " ) . 2 . 2 3 1 - 1 0 f c r i g h t s a n d , b y t h i s A m y b f i c e s o f t h e ��d t R S I D E C H A V E Z , a s o " C i t y " ) a S S e r v i c e s , s * u s e o f r e , a s o f t h i s d a y o f T Y T R A N S P O R T A T I O N ; o p r i e t o r s h i p , d / b / a S C C E n g i n e e r i n g e n t e r e d i n t o a n _ _ t e d D e c e m b e r 1 , 2 0 0 5 ( t h e �% r i g C o n s u l t a n t t o p r e p a r e a i D o c 9 , n t ( " P A & E D " ) n e c e s s a r y ' " r i v e I n t e r c h a n g e a t t h e 1 - 1 5 C i t y e n t e r e d i n t o a n A s s i g n m e n t a n d n t " ) , C o m m i s s i o n A g r e e m e n t N o . 1 1 - r p o s e a i g n i n g t o t h e C o m m i s s i o n a l l o f t h e C i t y ' s a n d t o t h e M a s t e r A g r e e m e n t , e x c e p t a s a m e n d e d e n t 1 . A c o p y o f t h e A s s i g n m e n t i s o n f i l e a t t h e m i s s i o n : 2 . 3 P r i o r I t o A m e n d m e n t N o . 1 , a n d i n o r d e r t o e n s u r e t h e t i m e l y p r o g r e s t C a x ' C o n s u l t a n t ' s s e r v i c e s , t h e C o m m i s s i o n a n d C o n s u l t a n t e n t e r e d i n l e t t e r a g r e e m e n t f o r c e r t a i n s e r v i c e s r e l a t e d t o t h e P r o j e c t ( t h e " L e t t e r A g r e e m e n t " ) . 2 . 4 T h e C o m m i s s i o n a n d t h e C o n s u l t a n t h a v e e n t e r e d i n t o a n A m e n d m e n t N o . 1 t o t h e M a s t e r A g r e e m e n t , d a t e d J u n e 1 , 2 0 1 1 , w h i c h a m e n d e d a n d s u p e r s e d e d t h e L e t t e r A g r e e m e n t , a n d i n c o r p o r a t e d a d d i t i o n a l t e r m s a n d c o n d i t i o n s i n t o t h e M a s t e r A g r e e m e n t . 1 7 3 3 6 . 0 1 2 0 0 \ 8 4 8 9 1 7 6 . 1 1 4 9 2.5 The Commission and the Consultant have entered into an Amendment No. 2 to the Master Agreement, dated January 6, 2014, to revise the Scope of Services and provide additional compensation to complete the PA&ED Phase of the Project. 2.6 The parties now desire to amend the Master Agreement in order to provide additional compensation to complete the PA&ED Phase of the Project. 3. TERMS 3.1 The maximum compensation for Services performed pursuant to this Amendment shall not exceed Five Hundred Thousand Nine Dollars ($500,009) attached to this Amendment and incorporated herein by reference. Work shall be performed at the rates set forth in the Master Agreement. 3.2 The total not -to -exceed value of the Master Agreement, as previously amended and as amended by this Amendment No. 3, shall be increased from Six Hundred Fifty -Six Thousand Dollars ($656,000) to One Million One Hundred Fifty -Six Thousand Nine Dollars ($1,156,009). 3.3 Except as amended by this Amendment, all provisions of the Master Agreement, as amended by Amendment No. 1 and 2, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the parties under this Amendment. 17336.01200\84 89176.1 [Signatures on following page] 2 • 150 SIGNATURE PAGE TO AGREEMENT NO. 11-31-107-03 IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date first herein above written. RIVERSIDE COUNTY REYES S. CHAVEZ TRANSPORTATION COMMISSION d/b/a SC ENGINEERING By: By: Marion Ashley, Chair Reyes S. Chavez, President • • APPROVED AS TO FORM: By: Best Best & Krieger LLP Counsel to the Riverside County Transportation Commission 17336.01200\8489176.1 3 151 17336.01200\8489176.1 Exhibit C • 152 ATTACHMENT TRANSPORTATION TRAFFIC CIVIL ENGINEERING PROJECT/CONSTRUCTION MANAGEMENT April 11, 2014 I-15/Railroad Canyon Road and I-15/Franklin Street IC Reconstruct IC and New IC Riverside County Transportation Commission 4080 Lemon Street, 3`d Floor PO BOX 12008 Riverside, CA 92502-2208 Attention: Mr. Alex Menor Capital Projects Manager Subject: New Alternative 4 — Roundabouts Scope of Work and Fee Proposal Project Approval/Environmental Document (PA/ED) Phase Dear Mr. Menor: As part of the Project Development Process the City of Lake Elsinore has requested that a new Alternative be investigated during the PA/ED phase. The new Alternative 4 will include roundabouts along Railroad Canyon Road from Mission Trail -Lake Shore Drive to Grape Street-Summerhill Drive. In addition, at the direction of Association of Governments (SCAG) new growth rates for the Lake Elsinore/Canyon Lake area. Itemized below is a detailed description of a cost to complete the PA/ED phase of the project. SCOPE OF SERVICES Engineering Services 1. Supplemental Traffic Impact Analysis (STIA) The Traffic Impact Analysis (TIA) was approved in September 2009; and the STIA were approved in March 2010, November 2010, and March 2011. The STIA will be updated to include new Alternative 4 and update the forecasted 2040 Design Year based on new SCAG growth rates as follow: • Opening Year 2019 Analysis — Alternative 4, Roundabouts. • Phase 1 Failure Year — Alternative 4, Roundabouts. • Updated Forecasted Design Year 2040 - Alternative 2, 3 and 4. • Roundabout Capacity Analysis — An analysis of the proposed roundabouts will be conducted using the roundabout design software tools of SIDRA, VISSIM, and RODEL. All three software should be used on this type of project due to the intersection spacing and complexity of volumes to verify results, eliminate or identify anomalies in software types, and arrive upon proper capacity needs for the corridor. In addition, lane -by -lane hand calculations will also be performed based on prior high capacity roundabout analyses and experience to ensure software results are appropriate, reasonable, and within tolerance levels of past experience. The VISSIM analyses will be conducted simultaneously with the SIDRA and RODEL analyses to balance the results within VISSIM and stay on schedule. The VISSIM analyses will be based on the ultimate geometry developed after hand calculations and preliminary RODEL/SIDRA calculations are conducted. Using the ultimate geometry, the traffic projections for 2019, failure year and 2040 for the AM and PM peak hours will be modeled in VISSIM. The measures -of -effectiveness obtained from VISSIM will be tabulated. The LOS results from VISSIM will be based on the criteria specified by the 2010 Highway Capacity Manual for roundabouts. All analyses will be reviewed and checked for consistency and Serving the Transportation Needs of the Inland Empire and High Desert Headquarters 16096 Chiwi Road Apple Valley, CA 92307 760.242.2081 ♦ 951.204.8073 153 Mr. Alex Menor Cost to Complete Scope of WorkandFee -Proposal -- - Capitals Project Manager April 11, 2014 • RCTC Page 2 of 8 resulting lane configurations for the best lane configurations. The capacity analysis calculations from all software will provide the number of approach lanes and capacity requirements for the roundabouts based on the interim and future design volumes. This will set the design requirements for the initial roundabout designs at each of the five intersections. The AM and PM traffic volumes will need to be analyzed at each of the five intersections at both the standard and peak percentile confidence levels for a total of twenty RODEL model runs/calculations. This will verify how each roundabout will operate under both peak hour traffic conditions during typical design and critical design operations (a function SIDRA does not provide). The Level of Service (LOS) will be updated for intersections, Ramp Merge -Weave, Ramp Merge -Diverge, and freeway mainline for Alternative 1, 2, 3 and 4. The LOS will be based on the 2000 Highway Capacity Manual Methodology. The LOS and Roundabout analysis will be documented in the STIA. 2. New Connection Report (NCR) The NCR will be updated to include new Alternative 4 (Roundabouts) and will include a Safety Analysis, incorporation of STIA data/information including the 2040 Design Year data. 3. Life Cycle Cost Analysis (LCCA) No new activity is anticipated. 4. Traffic Management Plan (TMP) Data Sheet No new activity is anticipated. 5. Storm Water Data Report -Project Approval/Environmental Document (SWDR-PA/ED) No new activity is anticipated. 6. Water Quality Assessment Supplemental Memorandum No new activity is anticipated. 7. Right of Way Requirements Preparation and Data Sheet Coordination Right of Way Requirements will be prepared for the new Alternative 4, Roundabouts. Caltrans will prepare the Right of Way Data Sheet, but coordination between the consultant and Caltrans staff is required. 8. Bridge Advance Planning Studies (APS) No new activity is anticipated. 9. Update Geometric Approval Drawings (GADs) and Design Fact Sheet for Alternative 4, Roundabouts The GADs were approved in May 2010. New GADs will be prepared for new Alternative 4, Roundabouts. The GADs will include horizontal and vertical control; lane configuration and advance traffic signage; pedestrian and bicyclist movements; access to existing business; and truck turn diagrams. If required, Supplemental Advisory Design Exception and/or Supplemental Mandatory Design Exception will be prepared. 10. Intersection Control Evaluation (ICE) Report The ICE report will be updated to include the incorporation of new Alternative 4, Roundabouts. 11. Update Preliminary Material Report (PMR) to Current Standards No new activity is anticipated. 154 Mr. Alex Menor Cost to Complete Scope of Work and Fee Proposal Capitals Project Manager April 11, 2014 RCTC Page 3 of 8 12. Update Preliminary Geotechnical Design Report (PGDR) to Current Standards No new activity is anticipated. 13. Draft Project Report (DPR) The DPR will be updated to incorporate new Alternative 4, Roundabouts and address the following: a. Safety Analysis and Traffic Accident Data Update b. Preliminary Construction Cost Estimate c. STIA Data Incorporation d. GADs and Fact Sheets 14. Final Project Report (FPR) No new activity is anticipated. 15. Project Management/Administration/Meetings/Public Outreach General Project Management and Coordination efforts related to completion of the PA/ED phase. It is anticipated that another 6 months will be required to complete the PANED phase due to new Alternative 4, Roundabouts. In addition, a Public Outreach Program and Information Data will be developed for New Alternative 4, Roundabouts. Environmental Services All documentation will be prepared pursuant to the Caltrans Project Development Procedures and Workflow Tasks Manuals (including the PR Guidelines), and the Caltrans Standard Environmental Reference (SER) Web page as of March 18, 2014 (including the annotated IS/EA template dated August 2013). If, after the first drafts of these documents are completed, substantial effort is required to comply with new revisions to Caltrans guidelines for the technical studies or the IS/EA, the scope and budget may need to be modified accordingly. Task 1.0: Project Re -initiation The scope and budget for Task 1.0 as specified in the July 10, 2013 Proposal to complete Initial Study/Environmental Assessment (IS/EA) and Environmental Services for the I-15/Railroad Canyon Road Interchange project is adequate. No new additional work under Task 1.0 is anticipated for the inclusion of the additional alternative (Alternative 4) as part of the project. Task 2.0: Project Management/Meetings In addition to project management, this task includes ongoing project team coordination and attendance at up to an additional 6 Project Development Team (PDT) meetings (assuming LSA will be required to attend every monthly PDT meeting for the 24-month schedule) or other meetings. Task 3.0: Updates to Environmental Technical Studies Unless otherwise noted, this scope and budget are based on three rounds of Caltrans review for the draft revised technical studies. The first round of review is for major comments, and the second and third rounds are for minor cleanup comments (no new comments requiring substantial revisions). The first submittal includes a "5 day completeness review submittal' to enable Caltrans to review the report to ensure it provides the basic information required per the SER, prior to submitting the first draft reports for full review. If the concept plans for the project are revised after the analysis for the technical studies is complete, new analysis based on the revised plans may be required, and the scope and budget may need to be modified accordingly. Task 3.1 Air Quality Report (AQR) and Air Quality Conformity Analysis (AQCA). CONSULTANT prepared an Air Quality Report and Air Quality Conformity Analysis for the proposed project. The AQR and AQCA received concurrence from Caltrans on April 19, 2010. 1E N O I N E E 8 1 N C 155 Mr. Alex Menor Cost to Complete Scope of Work and Fee Proposal Capitals Project Manager April 11, 2014 • RCTC Page 4 of 8 Based on the March 2014 PDT meeting, LSA will evaluate an additional alternative (Alternative 4) in the updated Air Quality Assessment Report (AQAR) and Air Quality Conformity Analysis (AQCA) specified in the January 6, 2014 contract to complete Initial Study/Environmental Assessment (IS/EA) and Environmental Services for the I-15/Railroad Canyon Road Interchange project Task 3.2 Noise Study Report (NSR). CONSULTANT prepared a Noise Study Report (NSR) for the proposed project. The NSR received concurrence from Caltrans on February 10, 2011. Based on the March 2014 PDT meeting, LSA will evaluate an additional alternative (Alternative 4) in the updated Noise Study Report (NSR) specified in the January 6, 2014 contract to complete the Initial Study/Environmental Assessment (IS/EA) and Environmental Services for the I-15/Railroad Canyon Road Interchange project. Task 3.3 Noise Abatement Decision Report (NADR). CONSULTANT prepared a Noise Abatement Decision Report (NADR) for the proposed project. Based on the March 2014 PDT meeting, LSA will evaluate an additional alternative (Alternative 4) in the updated Noise Abatement Decision Report (NADR) specified in the January 6, 2014 contract to complete Initial Study/Environmental Assessment (IS/EA) and Environmental Services for the I-15/Railroad Canyon Road Interchange project. Task 3.4 Community Impact Assessment. CONSULTANT prepared a Community Impact Assessment (CIA) that identified the project's community impacts on neighborhoods, businesses, and minority and low- income populations. The CIA received concurrence from Caltrans on December 29, 2010. In addition, a supplemental memo documenting limited 2010 Census updates was prepared and submitted to Caltrans in December 2011. Based on the March 2014 PDT meeting, LSA will evaluate an additional alternative (Alternative 4) in the updated Community Impact Assessment (CIA) specified in the January 6, 2014 contract to complete Initial Study/Environmental Assessment (IS/EA) and Environmental Services for the I-15/Railroad Canyon Road Interchange project Task 3.5 Biological Natural Environment Study (NES). CONSULTANT prepared a Biological Natural Environment Study (NES) for the proposed project. The NES received concurrence from Caltrans on November 24, 2010. The Natural Environment Study (NES) dated August 2010, and associated studies (Determination of Biological Equivalent or Superior Preservation (DBESP) and the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) Consistency Analysis) will be updated to include Alternative 4. The Biological Study Area in the 2010 NES encompasses the majority of Alternative 4 with exception to a small area south of the intersection of Diamond Drive and E. Lake Elsinore Drive/Mission Trail. A field visit will be conducted of this additional area, and vegetation and land uses will be mapped and habitat for sensitive species and other biological resources will be assessed. Based on a preliminary aerial photograph review, no additional focused biological studies are anticipated to be required. The database records search for Federal and State lists of sensitive species will be updated via review of the California Natural Diversity Data Base (CNDDB) (California Department of Fish and Wildlife [CDFW], 2014) and the California Native Plant Society's Electronic Inventory of Rare and Endangered Vascular Plants of California (Skinner, et al., 2014). The project description and graphics will also be revised to address Alternative 4. Task 3.6 Visual Impact Assessment (VIA). CONSULTANT prepared a Visual Impact Assessment (VIA) for the proposed project. The VIA received concurrence from Caltrans on October 5, 2010. MNUINEERING 156 Mr. Alex Menor Cost to Complete Scope of Work and Fee Proposal Capitals Project Manager April 11, 2014 RCTC Page 5 of 8 There is an approved Visual Impact Assessment for the I-15/Railroad Canyon Road Interchange Project containing three project alternatives (Alternatives 1, 2 & 3) dated October 2010. Estrada Land Planning will provide visual assessment services for an additional alternative (Alternative 4). Estrada Land Planning will prepare a Visual Impact Analysis (VIA) for Alternative 4 using FHWA format and requirements for submittal to the City, RCTC, and Caltrans. The VIA report will analyze the potential visual impacts to the project view sheds, including the existing and proposed visual quality, anticipated viewer response to changes; selection of representative key views, simulating the appearance of the project features and preparation of mitigation or offset measures for potential impacts in conformance with FHWA standards. The analysis will be based on the proposed grading, construction and landscape plans provided by the LSA. The VIA simulations of proposed views will be based on the mitigation measures developed as part of the VIA. Following is the scope of services for the VIA. Initial Meeting. Estrada Land Planning will meet with the project team to discuss the project goals, design options, schedule, special issues or site constraints, obtain base information, and obtain input for key viewpoints and report formatting. Site Inventory/Field Verification. Estrada Land Planning will conduct a site visit to obtain a general understanding of the project area, establish existing site conditions, analyze the predominant visual character, determine affected view sheds, and evaluate key viewpoints. The information will be documented using digital photographs, field notes and observations. The photographs will be used to prepare the visual impact assessment and key views. to determine applicable regulations, codes, applicable visual evaluation criteria, and evidence of the community's relative sensitivity to visual issues. Key View Selection. Estrada Land Planning will use the ten (10) key views used for the approved VIA. The selected key views will be submitted to the City, RCTC, and Caltrans for review and approval prior to proceeding with the visual simulations. OPTIONAL: Two (2) more key views may be selected based on input from the project team and Caltrans. Visual Simulations. Up to two (2) visual simulations for the alternative, consisting of existing and proposed key views, will be prepared for inclusion in the Visual Impact Assessment submittal. The key viewpoints, as determined by the project team, and confirmed by the City, RCTC, and Caltrans will be used in preparing the visual simulations. The simulations will consist of single frame "still" views. A digital terrain model (DTM) will be prepared from 3d AutoCAD data provided by the engineer as a basis for the simulations. Up to 5 color copies and a digital file of the Proposed Key View simulations with a brief description of reasons for selection will be provided. OPTIONAL: Two (2) more simulations for the alternative may be selected based on input from the project team and Caltrans. Draft Visual Impact Assessment. A Draft Visual Impact Assessment (VIA) will be prepared for this project in accordance with the objectives and methods described in the CEQA requirements, and Visual Impact Assessment for Highway Projects (FHWA 1981), using the current Caltrans boilerplate format for "Draft Visual Impact Assessment" submittal. The objectives of the Visual Impact Assessment will be to analyze the project impacts on visual resources including how the proposed construction will fit into the visual contexts of the existing landscape and community visual quality. The assessment will describe the existing visual characteristics and significant visual resources of the area to be affected by the project construction. Simulations of the representative key views will be prepared and analyzed to determine qualitative effects and impacts on the visual environment. Mitigation measures will be recommended to reduce significant impacts. The analysis will be assembled in booklet form, combining text, existing photos, visual simulations and concepts. The Draft Visual Impact Assessment will be provided for review by LSA and RCTC as a PDF file prior to submittal to Caltrans and the draft will be modified by Estrada Land Planning. One submittal and revision to the Draft Visual Impact Assessment is included before finalizing the draft document for submittal to Caltrans. 157 Mr. Alex Menor _ Cost to Complete Scope of Work and Fee Proposal Capitals Project Manager April 11, 2014 RCTC Page 6 of 8 • Final VIA. Estrada Land Planning will make appropriate revisions to the VIA and simulations based on comments provided by the City, RCTC, or Caltrans. Two revisions to the Draft Final Visual Impact Assessment are included before finalizing the document. Up to 5 color copies of the Final Visual Assessment and a .PDF electronic file will be provided. Meetings: Up to two meetings with the City, RCTC, Caltrans, or project team will be provided during the Visual Impact Assessment phase. Optional Task; Update Approved VIA to Current Guidelines: If directed by the project team to use the new VIA template, Estrada Land Planning will format and edit the approved Visual Impact Analysis (VIA) to meet the new FHWA guidelines/methodology, with the inclusion of Alternative 4, for submittal to the City, RCTC, and Caltrans. Task 3.7 Relocation Impact Memorandum (RIM). CONSULTANT prepared a Relocation Impact Memorandum (RIM) for the proposed project. The NSR received concurrence from Caltrans on April 14, 2010. LSA will update the Relocation Impact Memorandum (RIM) to include the new build alternative (Alternative 4) based on updated right of way information provided by SC Engineering. The budget to prepare the revised RIM ($1,200) would be covered by the budget originally identified as part of Task 3.5 (Supplemental Technical Memoranda) in the January 6, 2014 contract. Task 3.8 Hazardous Waste Initial Site Assessment (ISA). Leighton Consulting prepared a Hazardous Waste Initial Site Assessment (ISA) for the proposed project. The ISA received concurrence from Caltrans on November 16, 2010. The project originally anticipated full or partial acquisition of 108 parcels within the project footprint. However the addition of a new build alternative (Alternative 4) with roundabout intersections has extended the project area to include an additional five (5) parcels for full or partial takes. In addition, due to the age of the ISA, Caltrans has requested an updated ISA to current standards and inclusion of the additional five parcels. The new ASTM standard for Phase I ESAs, ASTM E1527-13, has recently taken effect and Leighton Consulting will update the existing ISA to this standard and any new standards promulgated by Caltrans since the time of the final ISA report. Leighton will approach this project by performing an update to our 2010 corridor ISA of the portion of each of the 108 parcels anticipated to be acquired through the easements in accordance with ASTM E1527-13 Standard and include new assessments to include the five additional parcels included for full or partial takes. The assessment will be restricted to the anticipated easement portions of the parcels and will not include assessments of the full parcels involved, other than to assess the nature of adjoining land as described by the ASTM standard. If structures are encountered within the easement during our ISA, recommendations will be provided on the need for hazardous materials surveys, which may include recommended surveys for asbestos, lead -based paint, and other hazardous substances that might be present. These services can be provided for additional fees based on the nature, age, and square footage of the structures identified during the ISA. The proposed study consists of the following components: • Updated Records Review. • Updated review of site history for the years between 2010 report and the current assessment. • Current Site Reconnaissance. • Full ASTM Standard E1527-13 assessment for the five additional parcels associated with the project area expansion. • Updated ISA Report to ASTM Standard E1527-13. 158 • Mr. Alex Menor Cost to Complete Scope of Work and Fee Proposal Capitals Project Manager April 11, 2014 RCTC Page 7 of 8 Leighton Consulting will prepare a single comprehensive report in draft and final form. Leighton Consulting will submit a total of three hard copies one electronic copy on CD ROM of the draft and Task 3.9 Historic Property Survey Report (HPSR). CONSULTANT prepared a Historic Property Survey Report (HPSR) for the project and received Caltrans approval on June 30, 2011. A supplemental HPSR is now required by Caltrans to address current changes to the project engineering that have necessitated a revision of the Area of Potential Effects (APE) map. Based on current coordination with Caltrans, LSA understands that no supplemental records search or Archaeological Survey Report (ASR) will be required, and that no additional Native American consultation will be conducted by Caltrans that requires documentation. LSA will coordinate one iteration of the revised APE Map with the project engineer for submission to Caltrans. Coordination is not anticipated to take more than one day (8 hours). No substantive comments are anticipated from Caltrans. Based upon coordination with Caltrans, a supplemental HPSR will be prepared that incorporates a detailed, revised project description provided by SC Engineering and includes the revised APE map as an attachment. The format of the Supplemental HPSR will be consistent with Caltrans guidelines as indicated in the Caltrans SER. LSA will provide an electronic version of the draft report to the PDT and four hard copies to Caltrans for review. Four hardcopies of the final report will be provided to Caltrans, and a pdf of the final report will be forwarded to the PDT. Task 4.0: Update Second Administrative Draft IS/EA Based on the March 2014 PDT meeting, LSA will evaluate an additional alternative (Alternative 4) in the updated Second Administrative Draft IS/EA as specified in the January 6, 2014 contract to complete Initial Study/Environmental Assessment (IS/EA) and Environmental Services for the I-15/Railroad Canyon Road Interchange project. The Draft IS/EA will be updated to use the IS/EA Annotated Outline dated August 13, 2013, as currently posted on the SER website. Task 5.0: Prepare Draft IS/EA for Approval to Circulate (One Copy for Signature) The scope and budget for Task 5.0 as specified in the January 6, 2014 contract to complete Initial Study/Environmental Assessment (IS/EA) and Environmental Services for the I-15/Railroad Canyon Road Interchange project is adequate. No new additional work under Task 5.0 is anticipated for the inclusion of the additional alternative (Alternative 4) in the updated Draft IS/EA. Task 6.0: Public Review The scope and budget for Task 6.0 as specified in the January 6, 2014 contract to complete Initial Study/Environmental Assessment (IS/EA) and Environmental Services for the I-15/Railroad Canyon Road Interchange project is adequate. No new additional work under Task 6.0 is anticipated for the inclusion of the additional alternative (Alternative 4). Task 7.0: Prepare Draft Response to Comments The Draft Response to Comments will be prepared for submittal to the PDT (SC Engineering, RCTC, the City, and Caltrans) (up to 15 copies) for review and comment. The Draft Response to Comments will be revised per the PDT's comments and submitted to Caltrans for approval. LSA will prepare responses for its areas of responsibility and will coordinate with SC Engineering, RCTC, the City, and Caltrans to prepare responses for their respective areas of responsibility. With the inclusion of a new build alternative (Alternative 4) to the Draft IS/EA, an additional 40 LSA staff hours would be required to complete this task. 159 01 jENOINE ERI NOI Mr. Alex Menor _ _ Cost to_ Complete_ Scope of Work and Fee _Proposal Capitals Project Manager April 11, 2014 . RCTC Page 8 of 8 Task 8.0: Prepare Draft MND/FONSI The scope and budget for Task 8.0 as specified in the January 6, 2014 contract to complete Initial Study/Environmental Assessment (IS/EA) and Environmental, Services for the I-15/Railroad Canyon Road Interchange project is adequate. No new additional work under Task 8.0 is anticipated for the inclusion of the additional alternative (Alternative 4) for the preparation of the Draft MND/FONSI. Task 9.0: Prepare Final MND/FONSI The scope and budget for Task 9.0 as specified in the January 6, 2014 contract to complete Initial Study/Environmental Assessment (IS/EA) and Environmental Services for the I-15/Railroad Canyon Road Interchange project is adequate. No new additional work under Task 9.0 is anticipated for the inclusion of the additional alternative (Alternative 4) in the Final MND/FONSI. Task 10.0: Environmental Commitments Record The scope and budget for Task 10.0 as specified in the January 6, 2014 contract to complete Initial Study/Environmental Assessment (IS/EA) and Environmental Services for the I-15/Railroad Canyon Road Interchange project is adequate. No new additional work under Task 10.0 is anticipated for the inclusion of the additional alternative (Alternative 4) in the Environmental Commitments Record. Once again, I appreciate the opportunity to serve the RCTC and assist in the process of the approval of the necessary documents to provide a safer transportation facility in the City of Lake Elsinore and County of Riverside. Should you have any questions, do not hesitate to call me at 951-204-8073. Sincerely, SC ENGINEERING 42. c„-Th Sal Chavez, PE Principal/Project Manager cc: Project Files-55 Attachments Fee Proposal 160 • to• 16NOIffEEA1 NG� RCT C_R o un d a bout-Ra ilroa d_04.11.2014_R-1 • • • I-15/Railroad Canyon Road FEE PROPOSAL - ROUNDABOUT ALTERNATIVE PROJECT APPROVAUENVIRONMENTAL DOCUMENT (PA/ED) 4/11/2014 TASK Estimated No of Itemc Estimated Hnurc/Itpm Hours Budget , Additional Engineering and Environmental Services Engineering Services 1. Supplemental Traffic Impact Analysis (STIA) - Alternative 4 (Roundabouts) and Updated 2040 Design Year based on New SCAG Growth Rates Opening Year 2019 Analysis Volume Development Analysis (Project Phase 1, Alternative 4) LOS - Intersections (Project Phase 1, Alternative 4) (Covered under Roundabout Analy LOS - Merge Weave (Project Phase 1, Alternative 4) LOS - Ramp Merge -Diverge (Project Phase 1, Alternative 4) LOS - Freeway Mainline (Project Phase 1, Alternative 4) Phase 1 Project Failure Year Analysis Volume Development Analysis (Project Phase 1, Alternative 4) LOS - Intersections (Project Phase 1, Alternative 4) (Covered under Roundabout Analy LOS - Merge Weave (Project Phase 1, Alternative 4) LOS - Ramp Merge -Diverge (Project Phase 1, Alternative 4) Level of Service - Freeway Mainline (Project Phase 1, Alternative 4) 2040 Volume Development (Alternative 1, 2, 3, and 4) 2040 Volume Development (with and without Franklin Street Interchange) Level of Service (LOS) - Intersections (Excludes Roundabout) LOS - Ramp Merge -Weave LOS - Ramp Merge -Diverge LOS - Freeway Mainline Supplemental TIA-Alternative 4 and 2040 Design Year Exhibits/Attachments-Alternative 4 and 2040 Design Year Subtotal Roundabout STIA Support Review of Existing and Future Conditions / Plans / Alignments Capacity Analyses Rodel: 3 Scenarios; AM and PM Peak Hour VISSIM/SIDRA 1 0 1 1 1 1 0 1 1 1 4 3 4 4 4 1 1 1 5 1 12 0 8 8 8 32 0 20 20 20 40 32 12 12 12 48 60 10 12 198 12 0 8 8 8 32 0 20 20 20 160 96 48 48 48 48 60 636 10 60 198 $1,251 $0 $834 $834 $834 $3,335 $0 $2,085 $2,085 $2,085 $16,677 $10,006 $5,003 $5,003 $5,003 $5,003 $6,254 $66,289 $1,750 $10,500 $20,265 Lane Configuration and Hand Check Calculations 5 b 30 $5,2o0 Technical Roundabout Summary Report 5 6 30 $5,250 Subtotal 328 $43,015 Grand Subtotal 964 $109,304 2. New Connection Report (NCR) Safety Analysis (Alternative 4) 1 16 16 $1,668 Incorporation of Supplemental STIA Data for Alternative 4 and 2040 Design Year 1 40 40 $4,169 Update NCR Exhibits to incorporate Alternative 4 and 2040 Design Year 1 40 40 $4,169 Subtotal 96 $10,006 3. Life Cycle Cost Analysis (LCCA) Update per revised Preliminary Material Report 1 0 0 $0 Finalize/Update LCCA to current standards 1 0 0 $0 Subtotal 0 $0 4. Traffic Management Plan Data Sheet, Update to Current Standards 1 0 0 $0 5. Storm Water Data Report, update to current standards 1 0 0 $0 6. Water Quality Memo Update 1 0 0 $0 7. Right of Way Requirements and Data Sheet Coordination - Alternative 4 1 16 16 $1,668 8. Bridge Advance Planning Studies (APS) - Metric to English Grape Street Northbound Entrance Ramp Undercrossing Bridge 1 0 0 $0 Southbound Railroad Canyon Road Undercrossing Bridge 1 0 0 $0 Franklin Street Overcrossing Bridge 1 0 0 $0 Subtotal 0 $0 9. Update Geometric Approval Drawings (GADS) and Design Fact Sheets for Altemative 4 Roundabout GADS (Horizontal and Vertical) 1 340 340 $35,438 Supplemental Mandatory Design Exception Fact Sheet (If Required) 1 16 16 $1,668 Supplemental Advisory Design Exception Fact Sheet (If Required) 1 16 16 $1,668 Subtotal 372 $38,773 Roundabout GAD Support Roundabout Placements and Roadway Alignment 5 6 30 $5,250 Preliminary Roundabouts Corridor Impacts 5 28 140 $24,500 Ultimate Horizontal Roundabout Layouts 5 32 160 $28,000 Truck / Design Vehicles 5 4 20 $3,500 Roundabout Striping Design 5 4 20 $3,500 Roundabout Signing Design and Report 5 4 20 $3,500 Pedestrian / Cyclist Design 5 3 15 $2,625 Sight Distances 5 2 10 $1,750 Design Check Exhibits 5 2 10 $1,750 GADS Final Review and Support 5 3 15 $2,625 Subtotal 440 $77,000 Grand Subtotal 812 $115,773 1OF2 161 RCTC_Roundabout-Railroad_04.11.2014_R-1 I-15/Railroad Canyon Road FEE PROPOSAL - ROUNDABOUT ALTERNATIVE _ PROJECT APPROVAUENVIRONMENTAL-DOCUMENT (PA/ED) 4/11/2014 TASK Estimated No of Items Estimated Hours/It-pm Hours Budget 10. Intersection Control Evaluation (ICE) Report Update 1 80 80 $8,338 11. Update Preliminary Material Report to Current Standards 1 0 0 $0 12. Update Preliminary Geotechnical Design Report to Current Standards 1 0 0 $0 13. Draft Project Report (DPR) a. Safety Analysis and Traffic Accident Data 1 12 12 $1,251 b. Preliminary Construction Cost Estimate 1 80 80 $8,338 c. STIA Data Incorporation - Alternative 4 1 40 40 $4,169 d. GADs and Fact Sheet Incorporation - Aftemative 4 1 60 60 $6,254 Subtotal 192 $20,012 14. Final Project Report (FPR) 1 0 0 $0 15. Project Management/Administration/Meetings/Public Outreach Project Management/Administration/Meeting 1 200 200 $20,846 Public Outreach Program and Information Data 1 80 80 $8,338 Subtotal 280 $29,184 Roundabout Meeting, Public Outreach and Support Coordination 1 42 42 $6,873 In -Person Team Meeting (6) (Assume 4 mtg overlap with public Mtgs) 1 42 42 $13,527 Public Workshops / Presentation (6 total) 1 102 102 $17,850 Develop Power Point Presentation 1 16 16 $2,800 Grading Parameters and Landscape Report 1 19.0 19 $3,325 Lighting Design Recommendations 1 13.0 13 $2,275 Construction Material Recommendations 1 5 5 $875 Preliminary Vertical Design Recommendations/Assistance 1 12 12 $2,100 Color Images / Static Rendering (4 total) 1 16 16 $7,800 Animation of Rendering with Vehicular Motion / 3D Animation Static Viewpoint 1 12 12 $8,350 Roundabout Brochure - How to Drive Railroad Canyon Road Roundabout / Rendering 1 10 10 $4,250 Roundabout Safety Brochure / Rendering of Brochure 1 12 12 $4,600 Internet Web Site Development / Maintenance 1 16 16 $7,800 Subtotal 317 $82,425 Grand Subtotal 597 $111,609 Subtotal (Engineering Services) 2757 $376,710 Environmental Services Environmental Project Management 1.0 Project Re -Initiation 1 0 0 $0 2.0 Project Management/Meetings/Administration 1 132 132 $13,160 Subtotal 132 $13,160 Environmental Technical Studies 3.1 Air Quality Report (AQR)/Air Quality Conformity Analysis (AQCA) 1 14 14 $1,920 3.2 Noise Study Report (NSR) 1 21 21 $2,600 3.3 Noise Abatement Decision Report (NADR) 1 6 6 $800 3.4 Community Impact Analysis (CIA) 1 84 84 $5,510 3.5 Natural Environmental Study 1 82 82 $11,000 3.6 Visual Impact Assessment (Alternative 4) 1 $22,350 3.6 Visual Impact Assessment (Update to Current Template, If required) 1 $22,440 3.7 Relocation Impact Memorandum 1 0 $0 3.8 Initial Site Assessment 1 $14,700 3.9 Supplemental Historic Property Survey Report 1 54 $5,060 Subtotal 207 $86,380 Draft Environmental Document (Initial Study/Environmental Assessment (IS/EA) 4.0 Update 2nd Administrative Draft IS/EA 1 100 100 $13,560 5.0 Prepare IS/EA for Circulate 1 0 0 $0 Subtotal 100 $13,560 Final Environmental Document 6.0 Public Review/Hearing 1 0 0 $0 6.1 Public Review Displays/Exhibits/Handouts 1 14 14 $1,459 7.0 Prepare Record of Public Hearing/Draft Response to Comments 1 80 80 $8,740 8.0 Draft MND/FONSI 1 0 0 $0 9.0 Final ND/FONSI 1 0 0 $0 10.0 Environmental Commitments Records 1 0 0 $0 Subtotal 94 $10,199 Subtotal (Environmental Services) 533 $123,299 TOTAL 3,290 $500,009 2 OF 162 " R C T C R o u n d a b o u t - R a i l r o a d 0 4 . 1 1 . 2 0 1 4 R - 1 S C E N G I N E E R I N G 4 / 1 1 / 2 0 1 4 C O M P A N Y : S C O P E O F W O R K S C E n g i n e e r i n g P A / E D - R o u n d a b o u t A l t e r a n t i v e 4 D A T E A p r i l 1 1 , 2 0 1 4 R E V I S I O N P R O J E C T : I - 1 5 / R a i l r o a d C a n y o n R d I n t e r c h a n g e & I - 1 5 / F r a n k l i n A v e I n t e r c h a n g e M I L E S T O N E / P H A S E / P R O J E C T S U M M A R Y : D I R E C T L A B O R 1 0 % 1 2 % 1 5 % 2 5 % 3 3 % 0 % 0 % 5 % 1 0 0 % P E R S O N N E L I F U N C T I O N I H O U R S I R A T E I A M O U N T S . C h a v e z D . G i n n / S t a f f J . D a v i s / S t a f f S t a f f S t a f f S t a f f S t a f f S t a f f P r o j e c t M a n a g e r S e n i o r C i v i l E n g i n e e r S e n i o r C i v i l E n g i n e e r C i v i l E n g i n e e r C A D D O p e r a t o r / T e c h n i c i a n B r i d g e E n g i n e e r L a n d s c a p e A r c h i t e c t A d m i n i s t r a t i v e / P r o j e c t C o n t r o l ; 1 6 9 $ 6 3 . 0 0 $ 1 0 , 6 4 7 2 0 2 $ 5 0 . 5 0 $ 1 0 , 2 0 1 2 5 3 $ 4 7 . 5 0 $ 1 2 , 0 1 8 4 2 2 $ 4 2 . 0 0 $ 1 7 , 7 2 4 5 5 6 $ 3 1 . 0 0 $ 1 7 , 2 3 6 0 $ 0 . 0 0 $ 0 0 $ 0 . 0 0 $ 0 8 4 $ 2 7 . 0 0 $ 2 , 2 6 8 O V E R H E A D R A T E T O T A L H O U R S ! 1 , 6 8 6 1 $ 7 0 , 0 9 4 1 , 6 8 6 O V E R H E A D ( 1 . 4 5 ) T O T A L O V E R H E A D $ 1 0 1 , 6 3 6 I O T H E R D I R E C T C O S T I T E M I Q U A N T I T Y 1 U N I T I U N I T C O S T I A M O U N T R E P R O D U C T I O N P U B L I C O U T R E A C H D I S P L A Y S C O U R T R E P O R T ( P U B L I C H E A R I N G ) S P A N I S H T R A N S L A T I O N T R A F F I C C O U N T S @ F R A N K L I N S T N E W P A P E R N O T I C E S ( E s t i m a t e 3 ) 1 3 L S $ 0 . 0 0 $ 0 L S $ 1 , 0 0 0 . 0 0 $ 1 , 0 0 0 L S $ 0 . 0 0 $ 0 L S $ 0 . 0 0 $ 0 E A $ 0 . 0 0 $ 0 E A $ 1 , 0 0 0 . 0 0 $ 3 , 0 0 0 S U B C O N S U L T A N T ' S C O S T T O T A L O T H E R D I R E C T E X P E N S E S $ 4 , 0 0 0 C O M P A N Y I H O U R S j A M O U N T L S A A s s o c i a t e s R T E E n g i n e e r i n g 5 1 9 $ 1 2 1 , 8 4 0 1 , 0 8 5 $ 2 0 2 , 4 4 0 F E E S T O T A L S U B C O N S U L T A N T S C O S T $ 3 2 4 , 2 8 0 I F I X E D F E E 0 % $ 0 . 0 0 T O T A L F E E R E M A I N I N G B U D G E T T O T A L P R O J E C T C O S T $ 0 I $ 5 0 0 , 0 0 9 1 6 3 " P R O P O S A L I N I T I A L S T U D Y / E N V I R O N M E N T A L A S S E S S M E N T ( I S / E A ) A N D E N V I R O N M E N T A L S E R V I C E S I - 1 5 / R A I L R O A D C A N Y O N R O A D I N T E R C H A N G E P R O J E C T P r e p a r e d b y : L S A A s s o c i a t e s , I n c . 1 5 0 0 I o w a A v e n u e , S u i t e 2 0 0 R i v e r s i d e , C a l i f o r n i a 9 2 5 0 7 ( 9 5 1 ) 7 8 1 - 9 3 1 0 L S D A p r i l i o , 2 0 1 4 . 1 6 4 " L S A A S S O C I A T E S , I N C . A P R I L 2 0 1 4 P R o P O S A L I N I T I A L S T U D Y / E N V I R O N M E N T A L A S S E S S M E N T A N D E N V I R O N M E N T A L S E R V I C E S I - 1 5 / R A I L R O A D c A N Y o N I N T E R C H A N G E P R O J E C T S C O P E O F W O R K I N T R O D U C T I O N T h e R i v e r s i d e C o u n t y T r a n s p o r t a t i o n C o m m i s s i o n ( R O T C ) i n c o o r d i n a t i o n w i t h t h e C i t y o f L a k e E l s i n o r e ( C i t y ) a n d t h e C a l i f o r n i a D e p a r t m e n t o f T r a n s p o r t a t i o n ( C a l t r a n s ) i s s e e k i n g t o c o m p l e t e t h e P r o j e c t A p p r o v a l / E n v i r o n m e n t a l D o c u m e n t a t i o n ( P A / E D ) p h a s e o f w o r k f o r p r o p o s e d i m p r o v e m e n t s t o t h e I - 1 5 / R a i l r o a d C a n y o n i n t e r c h a n g e . U n d e r a p r e v i o u s c o n t r a c t , L S A A s s o c i a t e s , I n c . ( L S A ) p r e p a r e d r e c e i v e d c o n c u r r e n c e o n m u l t i p l e t e c h n i c a l r e p o r t s f o r t h e I - 1 5 / R a i l r o a d C a n y o n i n t e r c h a n g e p r o j e c t . T h e s e t e c h n i c a l r e p o r t s c o n s i s t o f t h e f o l l o w i n g : A i r Q u a l i t y A n a l y s i s . L S A p r e p a r e d a n A i r Q u a l i t y A n a l y s t s f o r p r o j e c t m a c c o l u ��a n c e w i t h t h e g u i d e l i n e s a n d r e q u i r e m e n t s ( a s o f D e c e m b e r 1 , 2 0 0 8 ) o n t h e C a l t r a n s S E R W e b s i t e . I n a d d i t i o n t o t h e A i r Q u a l i t y A n a l y s i s , L S A p r e p a r e d t h e " C o n f o r m i t y A n a l y s i s D o c u m e n t a t i o n ( C o n f o r m i t y C h e c k l i s t a n d C o n f o r m i t y R e p o r t ) f o r P r o j e c t - L e v e l C o n f o r m i t y D e t e r m i n a t i o n s i n M e t r o p o l i t a n N o n a t t a i n m e n t / M a i n t e n a n c e A r e a s " r e q u i r e d f o r N E P A d e l e g a t i o n . T h e A i r Q u a l i t y A n a l y s i s r e c e i v e d c o n c u r r e n c e f r o m C a l t r a n s o n A p r i l 1 9 , 2 0 1 0 . N o i s e S t u d y R e p o r t ( N S R ) . L S A p r e p a r e a N o i s e S t u d y R e p o r t c o n s i s t e n t w i t h t h e C a l t r a n s N o i s e A n a l y s i s P r o t o c o l ( A u g u s t 2 0 0 6 ) a n d T e c h n i c a l N o i s e S u p p l e m e n t ( T e N S ) t o a d d r e s s t r a f f i c n o i s e i m p a c t s o n n o i s e - s e n s i t i v e l a n d u s e s s u c h a s e x i s t i n g a n d f u t u r e a p p r o v e d r e s i d e n t i a l a r e a s l o c a t e d w i t h i n t h e s t u d y a r e a f o r t h e I - 1 5 / R a i l r o a d C a n y o n R o a d I n t e r c h a n g e . T h e N o i s e S t u d y R e p o r t r e c e i v e d c o n c u r r e n c e f r o m C a l t r a n s o n F e b r u a r y 1 0 , 2 0 1 1 . B i o l o g i c a l N a t u r a l E n v i r o n m e n t S t u d y ( N E S ) . L S A p r e p a r e d a n N E S t h a t i n c l u d e d a d e s c r i p t i o n o f t h e f i e l d m e t h o d s u s e d a n d t h e r e s u l t s o f t h e b i o l o g i c a l a s s e s s m e n t o f t h e p r o j e c t a r e a . T h i s i n c l u d e d b u r r o w i n g o w l s u r v e y s , r i p a r i a n b i r d s u r v e y s , a n d a j u r i s d i c t i o n a l d e l i n e a t i o n . T h e N E S p r e p a r e d f o r t h e p r o p o s e d p r o j e c t r e c e i v e d c o n c u r r e n c e f r o m C a l t r a n s o n N o v e m b e r 2 4 , 2 0 1 0 . V i s u a l I m p a c t A s s e s s m e n t . L S A p r e p a r e d a V i s u a l I m p a c t A s s e s s m e n t ( V I A ) t h a t e v a l u a t e d t h e v i s u a l / a e s t h e t i c c o m p a t i b i l i t y o f t h e p r o p o s e d p r o j e c t w i t h t h e s u r r o u n d i n g a r e a . T h e V I A r e c e i v e d c o n c u r r e n c e f r o m C a l t r a n s o n O c t o b e r 5 , 2 0 1 0 . R e l o c a t i o n I m p a c t M e m o r a n d u m . L S A p r e p a r e d a R e l o c a t i o n I m p a c t M e m o r a n d u m ( R I M ) f o r t h e p r o p o s e d p r o j e c t . T h e R I M r e c e i v e d c o n c u r r e n c e f r o m C a l t r a n s o n A p r i l 1 4 , 2 0 1 0 . C o m m u n i t y I m p a c t A s s e s s m e n t . L S A p r e p a r e d a C o m m u n i t y I m p a c t A s s e s s m e n t ( C I A ) t h a t i d e n t i f i e d t h e p r o j e c t ' s c o m m u n i t y i m p a c t s o n n e i g h b o r h o o d s , b u s i n e s s e s , a n d m i n o r i t y a n d l o w - i n c o m e p o p u l a t i o n s . T h e C I A r e c e i v e d c o n c u r r e n c e f r o m C a l t r a n s o n D e c e m b e r 2 9 , 2 0 1 0 . L A P R O P O S A L \ Z Z Z 3 6 6 . 1 1 - I 1 5 _ R R C R I C E n v \ P A E D S c o p e a n d B u d g e t 0 4 _ 1 0 _ 1 4 . d o c 1 1 6 5 LSA ASSOCIATES, INC. APRIL 2014 PROPOSAL • INITIAL STUDY/ENVIRONMENTAL ASSESSMENT AND ENVIRONMENTAL SERVICES I-15/RAILROAD CANYON INTERCHANGE PROJECT Paleontological Identification Report. LSA prepared a Paleontological Identification Report (PIR), consistent with Caltrans SER (December 1, 2008), Environmental Handbook, Volume I, Chapter 8, to address the potential for paleontological resources to occur within the anticipated disturbance limits for the I-15/Railroad Canyon Road Interchange project. The PIR was approved by Caltrans in April 2010. Hazardous Waste Initial Site Assessment. The Initial Site Assessment (ISA) prepared for the project and received Caltrans concurrence on November 16, 2010. Historic Property Survey Report. LSA prepared a Historic Property Survey Report (HPSR) for the project and received Caltrans approval on June 30, 2011. PROJECT HISTORY As a result of funding constraints, the City issued a Stop Work Notice on the PANED activities to SC Engineering and LSA on January 12, 2011. At that time, LSA was in the process of completing the remaining technical studies (cultural resources and Noise Abatement Decision Report) and preparing an Initial Study/Environmental Assessment (IS/EA) based on the technical reports prepared for the proposed project. As a result, the IS/EA was still in its draft phase. The I-15/Railroad Canyon Road Interchange project was resumed under management by RCTC in coordination with the City in May 2011. The remaining outstanding technical studies (NADR and Cultural) were completed and approved in August and September 2011. An Administrative Draft IS/EA was submitted to Caltrans and the PDT for review in August 2011. LSA was in the process of preparing the 2nd Administrative Draft IS/EA with a focus on revisions involving supplemental work on the CIA to incorporate limited 2010 census data, additional VHTNMT modeling, CO2 modeling analysis, and changes to the climate change section based on comments received from Caltrans. A revised CO2 modeling analysis and revised Climate Change IS/EA section was submitted to Caltrans and the PDT for review in February 2011 with the anticipated submittal date of the fully revised 2nd Administrative Draft IS/EA set to occur once these revised analysis were reviewed and approved by Caltrans and the PDT. As a result of funding constraints, the City once again submitted a Stop Work Notice on the PANED activities to SC Engineering and LSA on April 1, 2012. In June 2013, Caltrans issued a letter identifying the remaining tasks required to obtain PANED for the I-15/Railroad Canyon Interchange Project. These tasks included updates to various technical reports and revisions to the original IS/EA based on these updates. A PDT meeting was held on June 26, 2013 to discuss the work needed to update the technical studies and the draft environmental document. The direction from the PDT is reflected in the scope of services provided below. Although the project may be phased for construction depending upon the availability of funding, the analysis of the project in the technical studies and the environmental document is based upon it being constructed as a single project. In February 2014, a meeting was held at the City of Lake Elsinore with Caltrans, City, RCTC, FHWA and SC Engineering staff. At the conclusion of the meeting, it was recommended by FHWA and Caltrans District 8 and Headquarters (HQ) Intersection Control Evaluation (ICE) Coordinator that the roundabouts along Railroad Canyon Road be further investigated as an alternative in the Project Approval/Environmental Document (PANED) process. At the March 2014 PDT meeting, it was agreed LAPROPOSAL\ZZZ366J1 - 115_RRCR 1C Env\PAED Scope and Budget 04_10_14.doc 2 • 166 " L S A A S S O C I A T E S , I N C . A P R I L 2 0 1 4 P R O P O S A L I N I T I A L S T U D Y / E N V I R O N M E N T A L A S S E S S M E N T A N D E N V I R O N M E N T A L S E R V I C E S I - 1 S / R A I L R O A D C A N Y O N I N T E R C H A N G E P R O J E C T t o i n c l u d e A l t e r n a t i v e 4 a s p a r t o f t h e P A N E D p r o c e s s . A l t e r n a t i v e 1 ( N o B u i l t ) , A l t e r n a t i v e 2 ( N o r t h b o u n d H o o k R a m p s t o G r a p e S t r e e t ) a n d A l t e r n a t i v e 3 ( N o r t h b o u n d H o o k R a m p s t o G r a p e S t r e e t a n d S o u t h b o u n d H o o k R a m p s t o C a s i n o D r i v e ) w i l l c o n t i n u e t o b e i n c l u d e d i n t h e P A N E D p r o c e s s . W O R K P R O G R A M F O R I N I T I A L S T U D Y / E N V I R O N M E N T A L A S S E S S M E N T T h i s p r o p o s a l a d d r e s s e s L S A A s s o c i a t e s , I n c . ' s ( L S A ) C o n t r a c t M o d i f i c a t i o n R e q u e s t f o r t h e p r o j e c t . T h e s e r v i c e s i n c l u d e d i n t h i s c o n t r a c t m o d i f i c a t i o n r e q u e s t a r e n o t i n c l u d e d i n t h e o r i g i n a l s c o p e a n d b u d g e t i n c l u d e d i n t h e L S A ' s c o n t r a c t w i t h S C E n g i n e e r i n g d a t e d J a n u a r y 6 , 2 0 1 4 . A s d e s c r i b e d i n d e t a i l b e l o w , t h i s r e q u e s t c o v e r s t h e c o s t o f a d d i t i o n a l s e r v i c e s r e q u e s t e d b y t h e P D T t o i n c o r p o r a t e a d d i t i o n a l i n f o r m a t i o n a n d a n a l y s i s a s s o c i a t e d w i t h t h e n e w A l t e r n a t i v e 4 ( R o u n d a b o u t O p t i o n ) f o r t h e p r o p o s e d p r o j e c t . T h e t a s k s i d e n t i f i e d b e l o w o u t l i n e t h e w o r k p r o g r a m f o r e n v i r o n m e n t a l c l e a r a n c e o f t h e p r o j e c t u n d e r b o t h C E Q A a n d N E P A . T h e l e v e l o f e f f o r t i s b a s e d o n ( 1 ) p r e p a r a t i o n o f a n I n i t i a l S t u d y / E n v i r o n m e n t a l A s s e s s m e n t ( I S / E A ) l e a d i n g t o a M i t i g a t e d N e g a t i v e D e c l a r a t i o n / F i n d i n g o f N o S i g m f i c a n t I m p a c t ( M N D / F O N S I ) , ( 2 ) a s - c h e d u l e o f - u p t o 2 4 - m o n t h s t o c o m p l e t e t h e p i u j e c l , a i d t h e i n c l u s i o n o f A l t e r n a t i v e 4 i n a d d i t i o n t o t h e o r i g i n a l e v a l u a t i o n o f u p t w o B u i l d A l t e r n a t i v e s a n d t h e N o B u i l d c o n d i t i o n i n t h e P A N E D p h a s e . S h o u l d c i r c u m s t a n c e s a r i s e t h a t i n d i c a t e t h e n e e d f o r a h i g h e r - l e v e l e n v i r o n m e n t a l d o c u m e n t ( i . e . , a n E n v i r o n m e n t a l I m p a c t R e p o r t / E n v i r o n m e n t a l I m p a c t S t a t e m e n t [ E I R / E I S j ) o r a n e x t e n s i o n o f t h e p r o j e c t s c h e d u l e b e y o n d t w o y e a r s , t h e s c o p e o f w o r k a n d b u d g e t w o u l d n e e d t o b e r e v i s e d a c c o r d i n g l y . A l l d o c u m e n t a t i o n w i l l b e p r e p a r e d p u r s u a n t t o t h e C a l t r a n s P r o j e c t D e v e l o p m e n t P r o c e d u r e s a n d W o r k f l o w T a s k s M a n u a l s ( i n c l u d i n g t h e P R G u i d e l i n e s ) , a n d t h e C a l t r a n s S t a n d a r d E n v i r o n m e n t a l R e f e r e n c e ( S E R ) W e b p a g e a s o f M a r c h 1 8 , 2 0 1 4 ( i n c l u d i n g t h e a n n o t a t e d I S / E A t e m p l a t e d a t e d A u g u s t 2 0 1 3 ) . I f , a f t e r t h e f i r s t d r a f t s o f t h e s e d o c u m e n t s a r e c o m p l e t e d , s u b s t a n t i a l e f f o r t i s r e q u i r e d t o c o m p l y w i t h n e w r e v i s i o n s t o C a l t r a n s g u i d e l i n e s f o r t h e t e c h n i c a l s t u d i e s o r t h e I S / E A , t h e s c o p e a n d b u d g e t m a y n e e d t o b e m o d i f i e d a c c o r d i n g l y . T a s k 1 . 0 : P r o j e c t R e - i n i t i a t i o n T h e s c o p e a n d b u d g e t f o r T a s k 1 . 0 a s s p e c i f i e d i n t h e J u l y 1 0 , 2 0 1 3 P r o p o s a l t o c o m p l e t e I n i t i a l S t u d y / E n v i r o n m e n t a l A s s e s s m e n t ( I S / E A ) a n d E n v i r o n m e n t a l S e r v i c e s f o r t h e I - 1 5 / R a i l r o a d C a n y o n R o a d I n t e r c h a n g e p r o j e c t i s a d e q u a t e . N o n e w a d d i t i o n a l w o r k u n d e r T a s k 1 . 0 i s a n t i c i p a t e d f o r t h e i n c l u s i o n o f t h e a d d i t i o n a l a l t e r n a t i v e ( A l t e r n a t i v e 4 ) a s p a r t o f t h e p r o j e c t . T a s k 2 . 0 : P r o j e c t M a n a g e m e n t / M e e t i n g s I n a d d i t i o n t o p r o j e c t m a n a g e m e n t , t h i s t a s k i n c l u d e s o n g o i n g p r o j e c t t e a m c o o r d i n a t i o n a n d a t t e n d a n c e a t u p t o a n a d d i t i o n a l 6 P r o j e c t D e v e l o p m e n t T e a m ( P D T ) m e e t i n g s ( a s s u m i n g L S A w i l l b e r e q u i r e d t o a t t e n d e v e r y m o n t h l y P D T m e e t i n g f o r t h e 2 4 - m o n t h s c h e d u l e ) o r o t h e r m e e t i n g s . L A P R O P O S A L \ Z Z Z 3 6 6 J 1 - I 1 5 _ R R C R I C E n v \ P A E D S c o p e a n d B u d g e t 0 4 _ 1 0 _ 1 4 . d o c 3 1 6 7 LSA ASSOCIATES, INC. APRIL 2014 PROPOSAL INITIAL STUDY/ENVIRONMENTAL ASSESSMENT AND ENVIRONMENTAL SERVICES 1-15/RAILROAD CANYON INTERCHANGE PROJECT Task 3.0: Updates to Environmental Technical Studies Unless otherwise noted, this scope and budget are based on three rounds of Caltrans review for the draft revised technical studies. The first round of review is for major comments, and the second and third rounds are for minor cleanup comments (no new comments requiring substantial revisions). The first submittal includes a "5 day completeness review submittal" to enable Caltrans to review the report to ensure it provides the basic information required per the SER, prior to submitting the first draft reports for full review. If the concept plans for the project are revised after the analysis for the technical studies is complete, new analysis based on the revised plans may be required, and the scope and budget may need to be modified accordingly. Task 3.1 Air Quality Report (AQR) and Air Quality Conformity Analysis (AQCA). CONSULTANT prepared an Air Quality Report and Air Quality Conformity Analysis for the proposed project. The AQR and AQCA received concurrence from Caltrans on April 19, 2010. Based on the March 2014 PDT meeting, LSA will evaluate an additional alternative (Alternative 4) in the updated Air Quality Assessment Report (AQAR) and Air Quality Conformity Analysis (AQCA) specified in the January 6, 2014 contract to complete Initial Study/Environmental Assessment (IS/EA) and Environmental Services for the I-15/Railroad Canyon Road Interchange project. Task 3.2 Noise Study Report (NSR). CONSULTANT prepared a Noise Study Report (NSR) for the proposed project. The NSR received concurrence from Caltrans on February 10, 2011. Based on the March 2014 PDT meeting, LSA will evaluate an additional alternative (Alternative 4) in the updated Noise Study Report (NSR) specified in the January 6, 2014 contract to complete the Initial Study/Environmental Assessment (IS/EA) and Environmental Services for the I-15/Railroad Canyon Road Interchange project. Task 3.3 Noise Abatement Decision Report (NADR). CONSULTANT prepared a Noise Abatement Decision Report (NADR) for the proposed project. Based on the March 2014 PDT meeting, LSA will evaluate an additional alternative (Alternative 4) in the updated Noise Abatement Decision Report (NADR) specified in the January 6, 2014 contract to complete Initial Study/Environmental Assessment (IS/EA) and Environmental Services for the I- 15/Railroad Canyon Road Interchange project. Task 3.4 Community Impact Assessment. CONSULTANT prepared a Community Impact Assessment (CIA) that identified the project's community impacts on neighborhoods, businesses, and minority and low-income populations. The CIA received concurrence from Caltrans on December 29, 2010. In addition, a supplemental memo documenting limited 2010 Census updates was prepared and submitted to Caltrans in December 2011. Based on the March 2014 PDT meeting, LSA will evaluate an additional alternative (Alternative 4) in the updated Community Impact Assessment (CIA) specified in the January 6, 2014 contract to LAPROPOSAL\ZZZ366J1 - I15_RRCR IC Env\PAED Scope and Budget 04_10_14.doc 4 168 " " " L S A A S S O C I A T E S . I N C . A P R I L 2 0 1 4 P R O P O S A L I N I T I A L S T U D Y / E N V I R O N M E N T A L A S S E S S M E N T A N D E N V I R O N M E N T A L S E R V I C E S I - 1 5 / R A I L R O A D C A N Y O N I N T E R C H A N G E P R O J E C T c o m p l e t e I n i t i a l S t u d y / E n v i r o n m e n t a l A s s e s s m e n t ( I S / E A ) a n d E n v i r o n m e n t a l S e r v i c e s f o r t h e I - 1 5 / R a i l r o a d C a n y o n R o a d I n t e r c h a n g e p r o j e c t . T a s k 3 . 5 B i o l o g i c a l N a t u r a l E n v i r o n m e n t S t u d y ( N E S ) . C O N S U L T A N T p r e p a r e d a B i o l o g i c a l N a t u r a l E n v i r o n m e n t S t u d y ( N E S ) f o r t h e p r o p o s e d p r o j e c t . T h e N E S r e c e i v e d c o n c u r r e n c e f r o m C a l t r a n s o n N o v e m b e r 2 4 , 2 0 1 0 . T h e N a t u r a l E n v i r o n m e n t S t u d y ( N E S ) d a t e d A u g u s t 2 0 1 0 , a n d a s s o c i a t e d s t u d i e s ( D e t e r m i n a t i o n o f B i o l o g i c a l E q u i v a l e n t o r S u p e r i o r P r e s e r v a t i o n ( D B E S P ) a n d t h e W e s t e r n R i v e r s i d e C o u n t y M u l t i p l e S p e c i e s H a b i t a t C o n s e r v a t i o n P l a n ( M S H C P ) C o n s i s t e n c y A n a l y s i s ) w i l l b e u p d a t e d t o i n c l u d e A l t e r n a t i v e 4 . T h e B i o l o g i c a l S t u d y A r e a i n t h e 2 0 1 0 N E S e n c o m p a s s e s t h e m a j o r i t y o f A l t e r n a t i v e 4 w i t h e x c e p t i o n t o a s m a l l a r e a s o u t h o f t h e i n t e r s e c t i o n o f D i a m o n d D r i v e a n d E . L a k e E l s i n o r e D r i v e / M i s s i o n T r a i l . A f i e l d v i s i t w i l l b e c o n d u c t e d o f t h i s a d d i t i o n a l a r e a , a n d v e g e t a t i o n a n d l a n d u s e s w i l l b e m a p p e d a n d h a b i t a t f o r s e n s i t i v e s p e c i e s a n d o t h e r b i o l o g i c a l r e s o u r c e s w i l l b e a s s e s s e d . B a s e d o n a p r e l i m i n a r y a e r i a l p h o t o g r a p h r e v i e w , n o a d d i t i o n a l f o c u s e d b i o l o g i c a l s t u d i e s a r e a n t i c i p a t e d t o b e r e q u i r e d . T h e d a t a b a s e r e c o r d s s e a r c h f o r F e d e r a l a n d S t a t e l i s t s o f s e n s i t i v e s p e c i e s w i l l b e u p d a t e d v i a r e v i e w o f t h e C a l i f o r n i a N a t u r a l D i v e r s i t y D a t a B a s e ( C N D D B ) ( C a l i f o r n i a D e p a r t m e n t o f F i s h a n d W i l d l i f e [ C D F W ] , 2 0 1 4 ) a n d t h e C a l i f o r n i a N a t i v e P l a n t S o c i e t y ' s E l e c t r o n i c I n v e n t o r y o f R a r e a n d E n d a n g e r e d V a s c u l a r P l a n t s o f C a l i f o r n i a ( S k i n n e r , e t a l . , 2 0 1 4 ) . T h e p r o j e c t d e s c r i p t i o n a n d g r a p h i c s w i l l a l s o b e r e v i s e d t o a d d r e s s A l t e r n a t i v e 4 . T a s k 3 . 6 V i s u a l I m p a c t A s s e s s m e n t ( V I A ) . C O N S U L T A N T p r e p a r e d a V i s u a l I m p a c t A s s e s s m e n t ( V I A ) f o r , t h e p r o p o s e d p r o j e c t . T h e V I A r e c e i v e d c o n c u r r e n c e f r o m C a l t r a n s o n O c t o b e r 5 , 2 0 1 0 . T h e r e i s a n a p p r o v e d V i s u a l I m p a c t A s s e s s m e n t f o r t h e I - 1 5 / R a i l r o a d C a n y o n R o a d I n t e r c h a n g e P r o j e c t c o n t a i n i n g t h r e e p r o j e c t a l t e r n a t i v e s ( A l t e r n a t i v e s 1 , 2 & 3 ) d a t e d O c t o b e r 2 0 1 0 . E s t r a d a L a n d P l a n n i n g w i l l p r o v i d e v i s u a l a s s e s s m e n t s e r v i c e s f o r a n a d d i t i o n a l a l t e r n a t i v e ( A l t e r n a t i v e 4 ) . E s t r a d a L a n d P l a n n i n g w i l l p r e p a r e a V i s u a l I m p a c t A n a l y s i s ( V I A ) f o r A l t e r n a t i v e 4 u s i n g F H W A f o r m a t a n d r e q u i r e m e n t s f o r s u b m i t t a l t o t h e C i t y , R C T C , a n d C a l t r a n s . T h e V I A r e p o r t w i l l a n a l y z e t h e p o t e n t i a l v i s u a l i m p a c t s t o t h e p r o j e c t v i e w s h e d s , i n c l u d i n g t h e e x i s t i n g a n d p r o p o s e d v i s u a l q u a l i t y , a n t i c i p a t e d v i e w e r r e s p o n s e t o c h a n g e s ; s e l e c t i o n o f r e p r e s e n t a t i v e k e y v i e w s , s i m u l a t i n g t h e a p p e a r a n c e o f t h e p r o j e c t f e a t u r e s a n d p r e p a r a t i o n o f m i t i g a t i o n o r o f f s e t m e a s u r e s f o r p o t e n t i a l i m p a c t s i n c o n f o r m a n c e w i t h F H W A s t a n d a r d s . T h e a n a l y s i s w i l l b e b a s e d o n t h e p r o p o s e d g r a d i n g , c o n s t r u c t i o n a n d l a n d s c a p e p l a n s p r o v i d e d b t h e L S A . T h e V I A s i m u l a t i o n s o f p r o p o s e d v i e w s w i l l b e b a s e d o n t h e P P P Y P P m i t i g a t i o n m e a s u r e s d e v e l o p e d a s p a r t o f t h e V I A . F o l l o w i n g i s t h e s c o p e o f s e r v i c e s f o r t h e V I A I n i t i a l M e e t i n g . E s t r a d a L a n d P l a n n i n g w i l l m e e t w i t h t h e p r o j e c t t e a m t o d i s c u s s t h e p r o j e c t g o a l s , d e s i g n o p t i o n s , s c h e d u l e , s p e c i a l i s s u e s o r s i t e c o n s t r a i n t s , o b t a i n b a s e i n f o r m a t i o n , a n d o b t a i n i n p u t f o r k e y v i e w p o i n t s a n d r e p o r t f o r m a t t i n g . S i t e I n v e n t o r y / F i e l d V e r i f i c a t i o n . E s t r a d a L a n d P l a n n i n g w i l l c o n d u c t a s i t e v i s i t t o o b t a i n a g e n e r a l u n d e r s t a n d i n g o f t h e p r o j e c t a r e a , e s t a b l i s h e x i s t i n g s i t e c o n d i t i o n s , a n a l y z e t h e p r e d o m i n a n t v i s u a l c h a r a c t e r , d e t e r m i n e a f f e c t e d v i e w s h e d s , a n d e v a l u a t e k e y v i e w p o i n t s . T h e i n f o r m a t i o n w i l l b e d o c u m e n t e d u s i n g d i g i t a l p h o t o g r a p h s , f i e l d n o t e s a n d o b s e r v a t i o n s . T h e p h o t o g r a p h s w i l l b e u s e d t o p r e p a r e t h e v i s u a l i m p a c t a s s e s s m e n t a n d k e y v i e w s . L A P R O P O S A L t 7 . 7 . 7 3 6 6 J 1 - I 1 5 _ R R C R I C E n v W A E D S c o p e a n d B u d g e t 0 4 _ 1 0 _ 1 4 . d o c 5 1 6 9 LSA ASSOCIATES, INC. APRIL 2014 PROPOSAL INITIAL STUDY/ENVIRONMENTAL ASSESSMENT AND ENVIRONMENTAL SERVICES I-15/RAILROAD CANYON INTERCHANGE PROJECT Research Existing Documents. Estrada Land Planning will research applicable plans and public documents to determine applicable regulations, codes, applicable visual evaluation criteria, and evidence of the community's relative sensitivity to visual issues. Key View Selection. Estrada Land Planning will use the ten (10) key views used for the approved VIA. The selected key views will be submitted to the City, RCTC, and Caltrans for review and approval prior to proceeding with the visual simulations. OPTIONAL: Two (2) more key views may be selected based on input from the project team and Caltrans. Visual Simulations. Up to two (2) visual simulations for the alternative, consisting of existing and proposed key views, will be prepared for inclusion in the Visual Impact Assessment submittal. The key viewpoints, as determined by the project team, and confirmed by the City, RCTC, and Caltrans will be used in preparing the visual simulations. The simulations will consist of single frame "still" views. A digital terrain model (DTM) will be prepared from 3d AutoCAD data provided by the engineer as a basis for the simulations. Up to 5 color copies and a digital file of the Proposed Key View simulations with a brief description of reasons for selection will be provided. OPTIONAL: Two (2) more simulations for the alternative may be selected based on input from the project team and Caltrans. Draft Visual Impact Assessment. A Draft Visual Impact Assessment (VIA) will be prepared for this project in accordance with the objectives and methods described in the CEQA requirements, and Visual Impact Assessment for Highway Projects (FHWA 1981), using the current Caltrans boilerplate format for "Draft Visual Impact Assessment" submittal. The objectives of the Visual Impact Assessment will be to analyze the project impacts on visual resources including how the proposed construction will fit into the visual contexts of the existing landscape and community visual quality. The assessment will describe the existing visual characteristics and significant visual resources of the area to be affected by the project construction. Simulations of the representative key views will be prepared and analyzed to determine qualitative effects and impacts on the visual environment. Mitigation measures will be recommended to reduce significant impacts. The analysis will be assembled in booklet form, combining text, existing photos, visual simulations and concepts. The Draft Visual Impact Assessment will be provided for review by LSA and RCTC as a PDF file prior to submittal to Caltrans and the draft will be modified by Estrada Land Planning. One submittal and revision to the Draft Visual Impact Assessment is included before finalizing the draft document for submittal to Caltrans. Final VIA. Estrada Land Planning will make appropriate revisions to the VIA and simulations based on comments provided by the City, RCTC, or Caltrans. Two revisions to the Draft Final Visual Impact Assessment are included before finalizing the document. Up to 5 color copies of the Final Visual Assessment and a .PDF electronic file will be provided. Meetings: Up to two meetings with the City, RCTC, Caltrans, or project team will be provided during the Visual Impact Assessment phase. Optional Task: LAPROPOSALVZZ366J1 - I15_RRCR IC Env\PAED Scope and Budget 04_10_14.doc 6 170 LSA ASSOCIATES. INC. APRIL 2014 PROPOSAL INITIAL STUDY/ENVIRONMENTAL ASSESSMENT AND ENVIRONMENTAL SERVICES I-15/RAILROAD CANYON INTERCHANGE PROJECT Update Approved VIA to Current Guidelines: If directed by the project team to use the new VIA template, Estrada Land Planning will format and edit the approved Visual Impact Analysis (VIA) to meet the new FHWA guidelines/methodology, with the inclusion of Alternative 4, for submittal to the City, ROTC, and Caltrans. Task 3.7 Relocation Impact Memorandum (RIM). CONSULTANT prepared a Relocation Impact Memorandum (RIM) for the proposed project. The NSR received concurrence from Caltrans on April 14, 2010. LSA will update the Relocation Impact Memorandum (RIM) to include the new build alternative (Alternative 4) based on updated right of way information provided by SC Engineering. The budget to prepare the revised RIM ($1,200) would be covered by the budget originally identified as part of Task 3.5 (Supplemental Technical Memoranda) in the January 6, 2014 contract. Task 3.8 Hazardous Waste Initial Site Assessment (ISA). Leighton Consulting prepared an Hazardous Waste Initial Site Assessment (ISA) for the proposed project. The ISA received concurrence from Caltrans on November 16. 2010. The project originally anticipated full or partial acquisition of 108 parcels within the project footprint. However the addition of a new build alternative (Alternative 4) with roundabout intersections has extended the project area to include an additional five (5) parcels for full or partial takes. In addition, due to the age of the ISA, Caltrans has requested an updated ISA to current standards and inclusion of the additional five parcels. The new ASTM standard for Phase I ESAs, ASTM E1527-13, has recently taken effect and Leighton Consulting will update the existing ISA to this standard and any new standards promulgated by Caltrans since the time of the final ISA report. Leighton will approach this project by performing an update to our 2010 corridor ISA of the portion of each of the 108 parcels anticipated to be acquired through the easements in accordance with ASTM E1527-13 Standard and include new assessments to include the five additional parcels included for full or partial takes. The assessment will be restricted to the anticipated easement portions of the parcels and will not include assessments of the full parcels involved, other than to assess the nature of adjoining land as described by the ASTM standard. If structures are encountered within the easement during our ISA, recommendations will be provided on the need for hazardous materials surveys, which may include recommended surveys for asbestos, lead -based paint, and other hazardous substances that might be present. These services can be provided for additional fees based on the nature, age, and square footage of the structures identified during the ISA. The proposed study consists of the following components: • Updated Records Review. • Updated review of site history for the years between 2010 report and the current assessment. • Current Site Reconnaissance. • Full ASTM Standard E1527-13 assessment for the five additional parcels associated with the project area expansion. • Updated ISA Report to ASTM Standard E1527-13. LAPROPOSAL\ZZZ3601 - I15_RRCR IC Env\PAED Scope and Budget 04_10_14.doc 7 171 LSA ASSOCIATES. INC. APRIL 2014 PROPOSAL INITIAL STUDY/ENVIRONMENTAL ASSESSMENT AND ENVIRONMENTAL SERVICES I-IS/RAILROAD CANYON INTERCHANGE PROJECT Leighton Consulting will prepare a single comprehensive report in draft and final form. Leighton Consulting will submit a total of three hard copies one electronic copy on CD ROM of the draft and final reports to Caltrans. Additional iterations of report preparation and additional hard copy reports and electronic CD ROMs can be provided for an additional fee. Task 3.9 Historic Property Survey Report (HPSR). CONSULTANT prepared a Historic Property Survey Report (HPSR) for the project and received Caltrans approval on June 30, 2011. A supplemental HPSR is now required by Caltrans to address current changes to the project engineering that have necessitated a revision of the Area of Potential Effects (APE) map. Based on current coordination with Caltrans, LSA understands that no supplemental records search or Archaeological Survey Report (ASR) will be required, and that no additional Native American consultation will be conducted by Caltrans that requires documentation. LSA will coordinate one iteration of the revised APE Map with the project engineer for submission to Caltrans. Coordination is not anticipated to take more than one day (8 hours). No substantive comments are anticipated from Caltrans. Based upon coordination with Caltrans, a supplemental HPSR will be prepared that incorporates a detailed, revised project description provided by SC Engineering and includes the revised APE map as an attachment. The format of the Supplemental HPSR will be consistent with Caltrans guidelines as indicated in the Caltrans SER. LSA will provide an electronic version of the draft report to the PDT and four hard copies to Caltrans for review. Four hardcopies of the final report will be provided to Caltrans, and a pdf of the final report will be forwarded to the PDT. Task 4.0: Update Second Administrative Draft IS/EA Based on the March 2014 PDT meeting, LSA will evaluate an additional alternative (Alternative 4) in the updated Second Administrative Draft IS/EA as specified in the January 6, 2014 contract to complete Initial Study/Environmental Assessment (IS/EA) and Environmental Services for the I- 15/Railroad Canyon Road Interchange project. The Draft IS/EA will be updated to use the IS/EA Annotated Outline dated August 13, 2013, as currently posted on the SER website. Task 5.0: Prepare Draft IS/EA for Approval to Circulate (One Copy for Signature) The scope and budget for Task 5.0 as specified in the January 6, 2014 contract to complete Initial Study/Environmental Assessment (IS/EA) and Environmental Services for the I-15/Railroad Canyon Road Interchange project is adequate. No new additional work under Task 5.0 is anticipated for the inclusion of the additional alternative (Alternative 4) in the updated Draft IS/EA. Task 6.0: Public Review The scope and budget for Task 6.0 as specified in the January 6, 2014 contract to complete Initial Study/Environmental Assessment (IS/EA) and Environmental Services for the I-15/Railroad Canyon LAPROPOSAL\ZZZ366J1 - I15_RRCR IC Env\PAED Scope and Budget 04_10_14.doc 8 172 LSA ASSOCIATES, INC. APRIL 2014 PROPOSAL INITIAL STUDY/ENVIRONMENTAL ASSESSMENT AND ENVIRONMENTAL SERVICES I-15/RAILROAD CANYON INTERCHANGE PROJECT Road Interchange project is adequate. No new additional work under Task 6.0 is anticipated for the inclusion of the additional alternative (Alternative 4). Task 7.0: Prepare Draft Response to Comments The Draft Response to Comments will be prepared for submittal to the PDT (SC Engineering, RCTC, the City, and Caltrans) (up to 15 copies) for review and comment. The Draft Response to Comments will be revised per the PDT's comments and submitted to Caltrans for approval. LSA will prepare responses for its areas of responsibility and will coordinate with SC Engineering, RCTC, the City, and Caltrans to prepare responses for their respective areas of responsibility. With the inclusion of a new build alternative (Alternative 4) to the Draft IS/EA, an additional 40 LSA staff hours would be required to complete this task. Task 8.0: Prepare Draft MND/FONSI The scope and budget for Task 8.0 as specified in the January 6, 2014 contract to complete Initial Study/Environmental Assessment (IS/EA}a►d Environmental Services for the I-15/Raiko d Canyon Road Interchange project is adequate. No new additional work under Task 8.0 is anticipated for the inclusion of the additional alternative (Alternative 4) for the preparation of the Draft MND/FONSI. Task 9.0: Prepare Final MND/FONSI The scope and budget for Task 9.0 as specified in the January 6, 2014 contract to complete Initial Study/Environmental Assessment (IS/EA) and Environmental Services for the I-15/Railroad Canyon Road Interchange project is adequate. No new additional work under Task 9.0 is anticipated for the inclusion of the additional alternative (Alternative 4) in the Final MND/FONSI. Task 10.0: Environmental Commitments Record The scope and budget for Task 10.0 as specified in the January 6, 2014 contract to complete Initial Study/Environmental Assessment (IS/EA) and Environmental Services for the I-15/Railroad Canyon Road Interchange project is adequate. No new additional work under Task 10.0 is anticipated for the inclusion of the additional alternative (Alternative 4) in the Environmental Commitments Record. ESTIMATED BUDGET LSA estimates the total cost of the work required to be $99,400 (without optional tasks) and $121,840 (with optional tasks) based on the scope of services described above. When the $99,400.00 (without optional tasks) for this contract amendment request is added to the currently authorized budget of $228,540.00, the new total budget is $327,940.00 (without optional tasks) or $350,380 (with optional tasks). LSA will not exceed this amount without prior authorization by SC Engineering and RCTC. LAPROPOSAL\7.7.7366J1 - I15_RRCR IC Env WAED Scope and Budget 04_10_14.doc 173 I-15/ Railroad Canyon Interchange Project PAED Cost Estimate Prtncipar Cillige . , i' .1,',› , „ , -,:# „ ' • - , ' - ra' S' ''' ''''!.'' ''. ,: ''''''''::: ' "" '''' ;0151, ' ' 4.-- ) Sr PrinciPal Associate Project Professional Senior Staff Professtoilal Staff Professional Admin Staff Leighton Total Hours Leighton Costs (Roimb.) . . 1 PrioctriaArchitect___ Sr Landscpe Landscpe Architect ksst Landscp Designer Admin Staff Estrada Tote 1 11 _ours Estrada Casts ,„.eitub.) IIK Total COSI Tasks I Hourly Rate --> P4'17-6,. ,,eZ , Zoe$1, , ,, '' - 4, ' 4;1 , „ , 10;4_ , Tfals,,- -,-.4fis'„,„„' $270.00 $210.00 $165.00 $145.00 $130.00 $80.00 $250.00 $160.00 $120.00 _ $80.00 ___ _ $50,013 I .0 Project Re -Initiation 0 $o 2.0 Project Management/Meetings 16 72 88 $200 $13,160 3.1 Air Quality Report/Air Quality Conformity Analy is 3 8 3 14 $20 $1,920 3.2 Noise Study Report I 12 4 4 21 $40 $2,600 3.3 Noise Abatement Decision Report 1 4 I 6 $0 $800 3.4 Community Impact Assessment 4 8 20 4 8 44 $50 $5,510 3.5 Natural Environment Study 6 6 42 8 16 4 82 $300 $11,000 3.6 Visual Impact Assessment (Alt 4) 7 48 74 48 177 $200 $22,350 3.6 Visual Impact Assessment (optional task) 4 104 30 20 158 $200 $22,440 3.7 Relocation Impact Memorandum $0 3.8 Initial Site Assessment 1 20 4 52 4 6 87 $1,030 $14,700 3.9 Supplemental Historic Property Survey Report 4 4 12 4 16 40 $5,060 4.0 Update Second Administrative Draft IS/EA 4 16 24 24 16 16 100 $1,000 $13,560 5.0 Prepare Draft IS/EA for Approval to Circulate 0 $0 6.0 Public Review 0 $0 7.0 Prepare Draft Response to Comments 8 20 24 12 4 68 $8,740 8.0 Prepare Draft MND/FONSI 0 $0 9.0 Prepare Final MND/FONSI 0 $0 10.0 Environmental Commitments Record 0 $0 TOTAL HOURS 42 16 134 80 5 24 42 52 64 4 463 I 20 4 52 4 6 87 11 152 104 48 20 335 TOTAL COST $11,340 $2,640 $16,080 $8,400 $1,000 $3,000 $5,460 $5,200 $7,360 $260 $1,610 $270 $4,200 $660 $7,540 $520 $480 $1,030 $2,750 $24,320 $12,480 $3,840 $1,000 $400 $121,840 LSA LABOR $60,740 LSA REIMBURSIBLES $1,610 SUBCONSULTANTS $59,490 TOTAL BUDGET ESTIMATE (with optional task) $121,840 TOTAL BUDGET ESTIMATE (without optional task) $99,400 Note: Reimbursibles include mileage, printing, mailing, fat, and overnight mall. 174 " " R T E F I N A L R o u n d a b o u t - R a i l r o a d _ 0 4 . 1 1 . 2 0 1 4 _ S C - F i n a l I - 1 5 / R a i l r o a d C a n y o n R o a d F E E P R O P O S A L R O U N D A B O U T E N G I N E E R I N G S E R V I C E S 4 / 1 1 / 2 0 1 4 T A S K E s t i m a t e d N o . o f I t e m s E s t i m a t e d H o u r s / I t e m H o u r s B u d g e t F I R M S e c t i o n 1 : S T I A S u p p o r t T a s k 1 R e v i e w o f E x i s t i n g C o n d i t i o n s / P l a n s / A l i g n m e n t s T a s k 2 R e v i e w o f F u t u r e C o n d i t i o n s 5 5 1 1 5 5 $ 8 7 5 $ 8 7 5 R T E R T E T a s k 3 C a p a c i t y A n a l y s e s ( R o d e l ; 3 S c e n a r i o s ; A M & P M ) 5 1 2 6 0 $ 1 0 , 5 0 0 R T E T a s k 4 L a n e C o n f i g u r a t i o n s & H a n d C a l c u l a t i o n s 5 6 3 0 $ 5 , 2 5 0 R T E T a s k 5 C a p a c i t y A n a l y s i s T e c h n i c a l S u m m a r y R e p o r t 5 6 3 0 $ 5 , 2 5 0 R T E R e v i e w , A n a l y s e s ( V I S S I M / S I D R A ) , R e p o r t A s s i s t a n c e 1 1 9 8 1 9 8 $ 2 0 , 2 6 5 J a c o b s S u b t o t a l 1 6 3 2 8 $ 4 3 , 0 1 5 R T E + J a c o b s S e c t i o n 2 : G A D S u p p o r t T a s k 6 R o u n d a b o u t P l a c e m e n t s & R o a d w a y A l i g n m e n t s 5 6 3 0 $ 5 , 2 5 0 R T E T a s k 7 P r e l i m i n a r y R o u n d a b o u t C o r r i d o r I m p a c t s 5 2 8 1 4 0 $ 2 4 , 5 0 0 R T E T a s k 8 U l t i m a t e H o r i z o n t a l R o u n d a b o u t L a y o u t s 5 3 2 1 6 0 $ 2 8 , 0 0 0 R T E T a s k 9 T r u c k s / D e s i g n V e h i c l e s 5 4 2 0 $ 3 , 5 0 0 R T E T a s k 1 0 R o u n d a b o u t S t r i p i n g D e s i g n 5 4 2 0 $ 3 , 5 0 0 R T E T a s k 1 1 R o u n d a b o u t S i g n i n g D e s i g n & R e p o r t 5 4 2 0 $ 3 , 5 0 0 R T E T a s k 1 2 P e d e s t r i a n / C y c l i s t D e s i g n 5 3 1 5 $ 2 , 6 2 5 R T E T a c k 1 3 S i g h t r l i s t a n c p 5 2 1 0 $ 1 , 7 5 0 R T E T a s k 1 4 D e s i g n C h e c k E x h i b i t s 5 2 1 0 $ 1 , 7 5 0 R T E T a s k 1 5 G A D s R e v i e w & S u p p o r t 5 3 1 5 $ 2 , 6 2 5 R T E S u b t o t a l 5 0 4 4 0 $ 7 7 , 0 0 0 R T E S e c t i o n : M e e t i n g , P u b l i c O u t r e a c h , & P A / E D S u p p o r t T a s k 1 6 C o o r d i n a t i o n 1 2 4 2 4 $ 4 , 2 0 0 R T E T a s k 1 7 I n - P e r s o n T e a m M e e t i n g ( 6 ) ( A s s u m e 4 M t g O v e r l a p w / P u b l i c M t g s ) 1 4 2 4 2 $ 1 3 , 5 2 7 R T E T a s k 1 8 P u b l i c W o r k s h o p s / P r e s e n t a t i o n s ( 6 ) 1 1 0 2 1 0 2 $ 1 7 , 8 5 0 R T E - D e v e l o p P P P r e s e n t a t i o n ( a s s u m e d s i m i l a r P P e a c h m t g ) 1 1 6 1 6 $ 2 , 8 0 0 R T E T a s k 1 9 G r a d i n g P a r a m e t e r s & L a n d s c a p i n g R e p o r t 1 1 9 1 9 $ 3 , 3 2 5 R T E T a s k 2 0 L i g h t i n g D e s i g n R e c o m m e n d a t i o n s 1 1 3 1 3 $ 2 , 2 7 5 R T E T a s k 2 1 C o n s t r u c t i o n M a t e r i a l s R e c o m m e n d a t i o n s 1 5 5 $ 8 7 5 R T E T a s k 2 2 P r e l i m i n a r y V e r t i c a l D e s i g n R e c o m m e n d a t i o n s / A s s i s t a n c e 1 1 2 1 2 $ 2 , 1 0 0 R T E T a s k 2 3 C o o r d i n a t i o n / M e e t i n g s ( J a c o b s ) 1 1 8 1 8 $ 2 , 6 7 3 J a c o b s T a s k 2 4 C o l o r I m a g e s / S t a t i c R e n d e r i n g ( 4 t o t a l ) 1 1 6 1 6 $ 2 , 8 0 0 R T E S t a t i c R e n d e r i n g s ( M e l t o n D e s i g n G r o u p - s u b ) $ 5 , 0 0 0 M D G T a s k 2 5 A n i m a t i o n o f R e n d e r i n g w i t h V e h i c u l a r M o t i o n 1 1 2 1 2 $ 2 , 1 0 0 R T E 3 D A n i m a t i o n S t a t i c V i e w p o i n t ( M e l t o n D e s i g n G r o u p - s u b ) $ 6 , 2 5 0 M D G T a s k 2 6 H o w t o D r i v e R a i l r o a d C a n y o n R o a d R o u n d a b o u t s B r o c h u r e 1 1 0 1 0 $ 1 , 7 5 0 R T E R e n d e r i n g B r o c h u r e ( M e l t o n D e s i g n G r o u p - s u b ) $ 2 , 5 0 0 M D G T a s k 2 7 R o u n d a b o u t S a f e t y B r o c h u r e ( 6 p a g e p a m p h l e t ) 1 1 2 1 2 $ 2 , 1 0 0 R T E R e n d e r i n g B r o c h u r e ( M e l t o n D e s i g n G r o u p - s u b ) $ 2 , 5 0 0 M D G T a s k 2 8 P r o j e c t W e b s i t e D e v e l o p m e n t 1 1 6 1 6 $ 2 , 8 0 0 R T E W e b s i t e D e v e l o p m e n t ( F o r r e s t H u t t o n - s u b ) $ 5 , 0 0 0 F H S u b t o t a l 1 4 3 1 7 $ 8 2 , 4 2 5 R T E + S u b s R T E + S u b s T O T A L 1 , 0 8 5 $ 2 0 2 , 4 4 0 1 O F 2 1 7 5 ATTACHMENT 4 PROJECT SCHEDULE 1-15/Railroad Canyon Road Interchange Project Approval/Environmental Document (PA/ED) 08-RIV-15 Reconstruct Interchange EA OA4400 ID Task Name Duration Start Finish Qtr 2, 2014 Qtr 3,2014 Qtr 4,2014 Qtr 1, 2015 Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar 1 2 3 4 5 6 7 8 9 10 Task 1 -Supplemental Traffic Impact Analysis (STIA) Task 1.10 - STIA (2013 Opening Year 2019, Failure Year, Update 2040) Task 1.10 - STIA (Roundabout) Agency Review Task 1.10 - Update/Revise STIA Agency STIA Review/Approval .......... .. .......... .. .......... ......... ........... . . ............ ............. Task 2 - Caltrans WBS 160 Engineering Studies (PA/ED Phase) 160.10.15 Draft Geometric Approvals Drawings (GADs)-Update 160.10.15 Draft Geometric Approvals Drawings (GADS) -Roundabouts Agency Review Update/Revise GADs 11 12 13 Agency 2nd Review 160.15.05 Cost Estimates for Altematives 14 15 16 160.15.10 Approval of Fact Sheets/GADS New Connection Report 1st Caltrans Review of New Connection Report 17 18 19 20 21 22 Revise/update New Connection Report 2nd Cahrans Review of New Connection Report Revise/update New Connection Report 23 24 25 26 27 3rd Caltrans Review of New Connection Report ................................................. Revise/update New Connection Report Caltrans Approval NCR/Transmit to FHWA 160.15.20 Prepare Draft Project Report 1st Cahrans Review of Draft Project Report Update Draft Project Report 2nd Caltrans Review of Draft Project Report Update Draft Project Report 28 29 30 3rd Caltrans Review of Draft Project Report Update Draft Project Report (2013, 2018, and Failure Year) Final Caltrans Review of Draft Project Report 31 32 33 34 35 36 Update Draft Project Report (Final) 160.15.25 Approve Draft Project Report ................................................................................................................................................ Task 2A - Public Outreach Program (Roundabouts) Public Outreach Stakeholder/Public Meeting No. 1 Public Outreach Stakeholder/Public Meeting No. 2 Public Outreach Stakeholder/Public Meeting No. 3 37 38 39 Public Outreach Stakeholder/Public Meeting No. 4 Task 3 - Caltrans WBS 165 to 180 Environmental Studies (PA/ED Phase) Environmental Technical Studies 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Caltrans Completeness Review Period ......................................................................................................................................................................... Update Environmental Technical Studies & Resubmit to Caltrans Caltrans Environmental Technical Studies Review 165.25.05 Draft Environmental Document (IS/EA) 165 25 20 Caltrans NEPA QC and Reviews Revise Environmental Technical Studies and ED (IS/EA) 165.25.20 2nd Cahrans NEPA QC and Reviews 2nd Revise Environmental Technical Studies and ED (IS/EA) FHWA NCR Review/Approval (Regional) �^ Revise/Update NCR FHWA NCR Review/Approval (Washington DC) Pavement Life Cycle Cost Analysis (LCCA) Caltrans Review/Concurrence Storm Water Data Report (SWDR-PA/ED) Re -Approval 181 days Mon 1/6/14 ] Mon 9/15/14 131 daYil Mon 1/6/14 i Mon 7/7/14 26 days Mon 6/2/14 1 Mon 7/7/14 20 days 1 Tue 7!8l14 Mon B/4/14 10 daysl Tue 8/5/14 - - Mon 8/18/14 20-days. Tue 8119/14 .' Mon 9/15/14 191 days Mon 5/5/14 Mon 1/26/15 46 days ; Mon5 5 14 Mon N7/14 26 days:• Mon 6/2/14 Mon 7/7/14 20 days i Tue 7/8/14 • Mon 814l14 10 daysl Tue 8/5/14 Mon 8/18/14 20 days Tue 8/19/14 Mon 9/15/14 10 days _ Tue 729/14 Mon 8/11/14 Sdays€Tue -9%16/14 Mon 922/14 15 days. Tue 7/8/14 • Mon 728/14 20 days Tue 7/29/14 ; -- Mon 8/25/14 5days'?�Tue 826/14 Mon9/1/14 20 days Tue 9/2114 Mon 9129114 5 days i Tue 9/30/14 Mon 10/6/14 20 days ' Tue 10M14 ?; Mon 1 a3l14 5 days ....................a........Tue 11/4/14 ............................._..._...._Mon �11 /10/14 10 days Tue 11 /11114 Mon 11/24/14 20 days ; Tue 7/8114 Mon 8/4/14 20 days Tue 8/5/14 Mon 9/1/14 10 days i Tue 92/14 Mon 9/15/14 20 days i Tue 9/16/14 -'-- Mon 10/13/14 10 days; T• ue 10/14/14 ! Mon 1027/14 20 days Tue 10/28/14 Mon 11/24/14 5 days i Tue 1125/14 Mon 12/1/14 30 days Tue 12/2/14j Mon 1/12115 _ 5 days i Tue 1/13/15 Mon 1/19/15 5 days : Tue 1/20/15 I Mon 1/26/15 265 days ? M• on 7/14/14 Fri 7/17/15 6 days Mon 7/14/14 Mon 721/14 5 days; Mon 11/17/14 I Fri 1121/14 5 days! Mon 3/16/15 Fri 3/20/15 5 days • M• on 7/13/15 Fri 7/17/15 Caltrans Review/Concurrence 165.25.25 Approval to Circulate 175.05.15 Publish and Circulated DED 57 58 59 175.10.35 Public Heating 175.15 Respond to Public Comments Caltrans Review of Response to Comments 60 61 62 63 92 99 108 115 Revise/Update ED Caltrans NEPA QC Compliance 180 Approve Final PR and ED Task 4 - Caltrans WBS 185 to 255 PS&E ................................................................................................................................................................................................................. Task 5 - Caltrans WBS 200 Coordinate Utilities Task 6- Caltrans WBS 220 Right of Way Task 7- Caltrans WBS 265 Advertise, Open Bids, Award & Approve Contract Task 8- Caltrans WBS 270 Construct Project 422 days Mon 2/24/14 Tue 10/6/15 136 days ! Mon 224/14 Mon 9/1 /14 30 days Tue 9/2/14 Mon 10/13/14 .......................:................................................:................................................ 10 days Tue 10/14/14 ! Mon 1027/14 30 days i Tue 10/28/14 Mon 1218/14 20 days i Tue 12/9/14 ._ Mon 1/5/15 30 days i Tue 1/6/15 i Mon 2/16/15 14 days I. Tue 2/17/15 - Fri 3/6/15 20 days Mon 3/9/15 Fri 4/3/15 14 days Mon 4/6/15 Thu 4/23/15 45 daysT Tue 11/25/14 - - Mon 1/26/15 5 days . Tue 127/15 Mon 22/15 ....................... .:................................................................................................ 45 days Tue 2/3/15 Mon 4/6H5 20 days !• • T• ue 120/15 Mon 2/16/15 20 days T Tue 2/17115 i Mon 3/16/15 ......................:.............................................. _ t................................................ 20 days Tue 1/20/15i Mon 2/16/15 20 days', Tue 2/17115 j Mon 3/16/15 10 days! Fri 4/24/15 Thu 5/7/15 30 days; Fri 5/8/15 Thu 6/18/15 1 day Fri 6/19/15 Fri 6/19/15 10 daysr Mon 622/15 j Fri 7/3/15 7 days . Mon 7/6/15 •3 Tue 7/14/15 14 days Wed 7/15/15 Mon 8/3/15 30 days r Tue 8/4/15 Mon 9/14/15 16 daysl Tue 9/15/15 Tue 10/6/15 370 days Wed 10/7115 Tue 3/7/17 486 days Wed 12/9/15 Wed 10/18/17 486 days Wed 1219/15 Wed 10/18/17 122 days Thu 10/19/17 Fri 4/6/18 413 days Mon 4/9/18 ; Wed 11/6/19 V3 Project: 15_Railroad PA-ED 04.07.20 Date: Mon 4/14/14 Task Split t � �oiooe or Mu r �niaw Progress Milestone Summary External Tasks .. ♦ Project Summary1 External Milestone • Deadline SC ENGINEERING Page 1 RCTC/CITY OF LAKE ELSINORE 176 ATTACHMENT 5 BEGIN CONSTRUCTION STA 877+84 PM 18.5 J� 930 940 4%%1141. 950 9 A 970 O GRAPE g 5 vol T AUTO CENTER DRIVE f.."N ilek 40 P I o oao .2Y END CONSTRUCTION STA 1107+10 PM 21.0 LAKE ELSINORE Al 0314) SO dpCl� -9 SPA- v o GPt� 9 0 -a a ALTERNATIVE 2 y Z ,s BEGIN CONSTRUCTI • N 930 m � 0 0 O 990 960 0�J� 980 O, GRAPE ST Y l'1,11343�" JAC01S0 ow P11411 rE c END CONSTRUCTION "Tel' STA 1107+10 PM 21.0 Sl Qo�t�aA LAKE ELSINORE ALTERNATIVE 3 AUTp O 177 PHASE 1 :$11100010N PHAIE z$11510001000 TOTAL =$5010001000 ALTERNATIVE 4 (NEW) ROUNDABOUTS ALONG RAILROAD CANYON ROAD; NEW INTERCHANGE AT FRANKLIN STREET ALTERNATIVE 4, PHASE 1 ROUNDABOUNTS ALONG RAILROAD CANYON ROAD PRELIMINARY TOTAL COST PHASE 1 IMPROVEMENTS=$15, OOO, OO 9 a m r 0 w 9 9' LEGEND AM PM 2025 AM/PM PEAK HOUR VOLUMES TRAFFIC LANE MOVEMENT $cz- DIRECTION OF TRAVEL/TRAFFIC LANE PRELIMINARY ENGINEERING DRAWING ROUNDABOUT INTERCHANGE RAILROAD CANYON ROAD NO SCALE PE-5 179 AGENDA ITEM 9H RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: May 14, 2014 TO: Riverside County Transportation Commission FROM: Western Riverside County Programs and Projects Committee Mark Lancaster, Right of Way Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Property Conveyance at Pedley Station WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve Agreement No. 14-33-104-00 between the Commission and Sergio Hernandez and Angela Avila, property owner of Assessor's Parcel Number (APN) 165-190-044, for • property conveyances to perfect title at the Pedley Station without any monetary compensation exchanged between the parties; and Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. BACKGROUND INFORMATION: The Commission is the owner of the Pedley Station located at 6001 Pedley Road, in the city of Jurupa Valley, also known as APN 165-185-005. The station opened on June 14, 1993, and is currently improved with 283 parking spaces, which includes eight motorcycle spaces. Pedley Station serves 12 daily trains operating through Metrolink's Riverside Line and offers connecting transit service through Riverside Transit Agency. Prior to the construction of the station, the Commission attempted to secure a triangular shaped 3,457 square foot easement from APN 165-190-044 and the property owner at the time, for a secondary driveway approach in order to provide ingress and egress. The easement was never recorded and no money was spent on the easement. It cannot be verified if this easement was ever executed. In 2006, ownership of APN 165-190-044 changed and the property owner informed the Commission of an encroachment problem that encumbered the entire unrecorded easement area. Both parties were working collectively to clear the encroachment problem by providing a possible solution with a property conveyance agreement. Unfortunately, shortly thereafter, negotiations stopped after the property owner filed bankruptcy and the property ownership changed. Agenda Item 9H 180 In October 2013, the new property owners Sergio Hernandez and Angela Avila informed the Commission of their new ownership of the property, the Commission's encroachment and the desire to develop the parcel, and negotiations resumed. Staff met with the new property owners at the site and agreed to have the property surveyed by a licensed surveyor in an effort to identify an equal land area comparable to the 3,457 square feet easement that is encroaching on APN 165-190-044. After the survey was completed, both parties agreed to specific conveyance areas to convey to one another in fee simple interest. The Commission proposed to provide the property owner 3,457 square feet in fee and, in exchange, the property owner will grant the fee ownership of the entire area outlined in the 3,457 square feet easement to the Commission. These conveyance areas will benefit both parties and will shift the property line only slightly along the southeast corner of the Commission's Pedley Station. The shift in the property line will require the Commission to relocate two light poles and chain link fence westerly, remove old asphalt and motorcycle parking, and replace an asphalt curb to the new right of way line. The loss of motorcycle parking will not affect parking at the Pedley Station as there is sufficient parking available to meet demand. The costs to cure the site and move the improvements located thereon are estimated at $20,000. Financial information In Fiscal Year Budget: Yes Year: FY 2013/14 Amount: $ 20,000 Source of Funds: 1989 Measure A Western County Rail Budget Adjustment: No GL/Project Accountmg No.: 332402 65520 221 33 65520 Fiscal Procedures Approved: N_Pe-z-L"-e.,v,ibui Date: 04/16/2014 Attachment: Agreement for Property Conveyances Agenda Item 9H • 181 " " " A g r e e m e n t N o . 1 4 - 3 3 - 1 0 4 - 0 0 A G R E E M E N T F O R P R O P E R T Y C O N V E Y A N C E S B E T W E E N T H E R I V E R S I D E C O U N T Y T R A N S P O R T A T I O N C O M M I S S I O N A N D S E R G I O H E R N A N D E Z A N D A N G E L A A V I L A T H I S A G R E E M E N T F O R P R O P E R T Y C O N V E Y A N C E S ( " A g r e e m e n t " ) i s e n t e r e d i n t o t h i s d a y o f , 2 0 1 4 , b y a n d b e t w e e n t h e R i v e r s i d e C o u n t y T r a n s p o r t a t i o n C o m m i s s i o n ( " C o m m i s s i o n " ) , a p u b l i c a g e n c y e x i s t i n g u n d e r t h e a u t h o r i t y o f t h e l a w s o f t h e S t a t e o f C a l i f o r n i a a n d S e r g i o H e r n a n d e z a n d A n g e l a A v i l a , H u s b a n d a n d W i f e a s J o i n t T e n a n t s ( " H e r n a n d e z / A v i l a " ) . R E C I T A L S A . C o m m i s s i o n o w n s t h a t c e r t a i n r e a l p r o p e r t y c o m m o n l y d e s c r i b e d a s t h e P e d l e y S t a t i o n , b e a r i n g A s s e s s o r ' s P a r c e l N u m b e r 1 6 5 - 1 8 5 - 0 0 5 , i n u n i n c o r p o r a t e d R i v e r s i d e C o u n t y ( " S t a t i o n P a r c e l " ) . A p o r t i o n o f t h e S t a t i o n P a r c e l i s m o r e p a r t i c u l a r l y d e s c r i b e d a n d d e p i c t e d i n E x h i b i t " A " a t t a c h e d h e r e t o a n r i i n c o r p n r a t e d h e r e i n b y r e f e r e n c e ( " C o m m i s s i o n S w a p P r o p e r t y " ) . B . H e r n a n d e z / A v i l a o w n s c e r t a i n a d j o i n i n g r e a l p r o p e r t y , b e a r i n g A s s e s s o r ' s P a r c e l N u m b e r 1 6 5 - 1 9 0 - 0 4 4 ( " H e r n a n d e z / A v i l a P a r c e l " ) . A p o r t i o n o f t h e H e r n a n d e z / A v i l a P a r c e l i s m o r e p a r t i c u l a r l y d e s c r i b e d a n d d e p i c t e d i n E x h i b i t " B " a t t a c h e d h e r e t o a n d i n c o r p o r a t e d h e r e i n b y r e f e r e n c e ( " H e r n a n d e z / A v i l a S w a p P r o p e r t y " ) . C . T h e p a r t i e s d e s i r e t o e n t e r i n t o t h i s A g r e e m e n t i n o r d e r t o p r o v i d e f o r c o n v e y a n c e o f t h e C o m m i s s i o n S w a p P r o p e r t y t o H e r n a n d e z / A v i l a a n d c o n v e y a n c e o f t h e H e r n a n d e z / A v i l a S w a p P r o p e r t y t o t h e C o m m i s s i o n , a l o n g w i t h a c c o m p a n y i n g e a s e m e n t s a n d o t h e r r e a l p r o p e r t y i n t e r e s t s a s p r o v i d e d h e r e u n d e r . N O W , T H E R E F O R E , i n c o n s i d e r a t i o n f o r t h e c o v e n a n t s a n d o b l i g a t i o n s s e t f o r t h b e l o w , a n d f o r o t h e r g o o d a n d v a l u a b l e c o n s i d e r a t i o n , t h e r e c e i p t a n d a d e q u a c y o f w h i c h i s h e r e b y a c k n o w l e d g e d , t h e p a r t i e s h e r e b y a g r e e a s f o l l o w s : 1 . C o n v e y a n c e s o f R e a l P r o p e r t y I n t e r e s t s ( a ) C o m m i s s i o n S w a p P r o p e r t y C o m m i s s i o n h e r e b y c o n v e y s a n d o t h e r w i s e t r a n s f e r s t o H e r n a n d e z / A v i l a t h e C o m m i s s i o n S w a p P r o p e r t y p u r s u a n t t o t h a t c e r t a i n g r a n t d e e d s u b s t a n t i a l l y i n t h e f o r m a t t a c h e d h e r e t o a s E x h i b i t " C " a n d i n c o r p o r a t e d h e r e i n b y r e f e r e n c e ( " C o m m i s s i o n S w a p P r o p e r t y G r a n t D e e d " ) . ( b ) H e r n a n d e z / A v i l a S w a p P r o p e r t y H e r n a n d e z / A v i l a h e r e b y c o n v e y s a n d o t h e r w i s e t r a n s f e r s t o C o m m i s s i o n t h e H e r n a n d e z / A v i l a S w a p P r o p e r t y p u r s u a n t R V P U B \ E L B \ 6 8 5 2 5 3 . 1 1 1 8 2 that certain grant deed substantially in the form attached hereto as Exhibit "D" and incorporated herein by reference ("Hernandez/Avila Swap Property Grant Deed"). (c) Real Property Interests All of the real property interests, as described in Section 1 hereof, shall collectively be referred to as "Real Property Interests" and individually as a "Real Property Interest." 2. Condition of Real Property Interests Both parties hereby accept the conveyance, delivery and transfer of all of the applicable Real Property Interests, as set forth herein, in an AS -IS, WHERE -IS CONDITION, WITH ALL FAULTS. Neither party makes any representations or warranties of any kind as to the title, condition or use of the Real Property Interests. 3. Lot Line Adjustments Hernandez/Avila will be responsible for conducting any lot line adjustments or other City/County requirements (including all processing fees, permit fees, consultant costs, etc.) to integrate the Commission Swap Property into the Hernandez/Avila Parcel. Commission will be responsible for conducting any lot line adjustments or other City/County requirements (including all processing fees, permit fees, consultant costs, etc.) to integrate the Hernandez/Avila Swap Property into the Station Parcel 4. Removal of Facilities by Commission Within 30 days of execution of this Agreement, Commission will remove existing Commission -owned fencing, light standards, curb and asphalt from the Commission Swap Property and the Hernandez/Avila Parcel Hernandez/Avila hereby grant a right of entry to Commission onto the Hernandez/Avila Parcel for the removal of such improvements. 5. Representations and Warranties The parties make the following representations and warranties with respect to the applicable Real Property Interests: (a) Authority Each party has all requisite power and authority to execute and deliver and to perform all if its obligations under this Agreement and nothing prohibits or restricts the right or ability of each party to close the transactions contemplated hereunder and carry out the terms hereof. (b) Due Execution, Enforceability This Agreement and all agreements, instruments and documents herein provided to be executed or to be caused to be executed by each party are duly authorized, executed and delivered by and are binding upon each party. 6. Notices Any and all notices required or permitted to be given hereunder shall be in writing and shall be personally delivered, sent by ,recognized overnight delivery service or mailed by certified or registered mail, return receipt requested, postage prepaid, to the parties at the addresses indicated below: RVPUB1BLI31685253.1 �83 Commission: Executive Director Riverside County Transportation Commission 4080 Lemon Street, Third Floor Riverside, CA 92502-2208 Hernandez/ Avila: 5017 Tyrolite Street Riverside, CA 92509 7. Miscellaneous (a) Integration This Agreement supersedes all prior agreements and understandings between the parties to the subject matter hereof. Neither of the parties has relied upon any oral or written representation or oral or written information given to it by any representative of the other party. • (b) Binding Effect This Agreement shall bind and inure to the benefit of parties, their respective heirs, successors and assigns. (c) Governing LawNenue This Agreement shall be construed, interpreted and applied in accordance with the laws of the State of California. Any litigation or arbitration regarding this Agreement will be brought in Superior Court of Riverside County, California, or conducted in Riverside County. (d) Waiver No waiver of any breach or default shall be construed as a continuing waiver of any provision or as a waiver of any other or subsequent breach of any provision contained in this Agreement. (e) Attorneys' Fees In the event of any action or proceeding to enforce or construe any of the provisions of this Agreement, the prevailing party in any such action or proceeding shall be entitled to reasonable attorneys' fees and costs. (f) Counterparts This Agreement may be executed in counterparts and when so executed by the parties, shall become binding upon them and each such counterpart will be an original document. RVPUBIELB1685253. I [Signatures Follow on Next Page] 3 184 IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate the day and year first above written. RIVERSIDE COUNTY SERGIO HERNANDEZ AND TRANSPORTATION COMMISSION ANGELA AVILA By: By: Anne Mayer, Sergio Hernandez Executive Director APPROVED AS TO FORM: By: Best, Best & Krieger Counsel to the Riverside County Transportation Commission RVPUB LB\685253.1 By: Angela Avila 4 185 " E X H I B I T " A " D E S C R I P T I O N O F C O M M I S S I O N S W A P P R O P E R T Y S e e A t t a c h e d . " " R V P U B T L B 1 6 8 5 2 5 3 . 1 5 1 8 6 EXHIBIT "A" LEGAL DESCRIPTION (APN: 165-185-005) Being portions of the southeast quarter of Section 23, Township 2 South, Range 6 West, S.B.M., located in the City of Jurupa Valley, County of Riverside, State of California, more particularly described as follows: Commencing at the centerline intersection of Collins Street with Limonite Avenue as shown on Record of Survey filed in Book 94, pages 54 and 55 of Surveys, records of Riverside County, California, said point also being on the southerly line of said section 23; Thence along the sottth line of said Section 23, said south line also being the old centerline of said Limonite Avenue, South 89°28'52" East 695.32 feet to the old centerline of Pedley Road (formerly Garnet Street) as shown on said Record of Survey; Thence along said old centerline North 00°35'26" East 213.03 feet to the "Ultimate Right -of -Way" of Limonite Avenue per County of Riverside Right -of -Way Map 892-Y dated 11/22/88 as shown on said Record of Survey, and the Point of Beginning; Thence continuing along said old centerline North 00°35'26" East 201.13; Thence South 74°46'37" West 27.32 feet; Thence South 14°53'39" East 67.68 feet; Thence South 74°46' 13" West 27.11 feet; Thence South 15°13'51" East 125.83 feet to the Point of Beginning. Page 1 of 2 187 " T h e a b o v e d e s c r i b e d p a r c e l c o n t a i n s 3 , 4 5 7 s q . f t . m o r e o r l e s s . S e e E x h i b i t " B " a t t a c h e d h e r e t o a n d m a d e a p a r t h e r e o f . T h i s l e g a l d e s c r i p t i o n i s n o t i n t e n d e d f o r u s e i n t h e d i v i s i o n a n d / o r c o n v e y a n c e o f l a n d i n v i o l a t i o n o f t h e s u b d i v i s i o n m a p a c t o f t h e S t a t e o f C a l i f o r n i a . P r e f a c e d u n d e r t h e d i r e c t i o n o f C l . - l : F O N R I ) s ��9 ����t ) A : 4 . M E N T A L N o . 5 0 2 2 " " C l i f l ' o r c A . S n e n t a l , P L S 5 0 2 2 D a t e P a g e 2 o f 2 1 8 8 WESTERLY LINE OF^ PEDLEY ROAD AS SHOWN ON RS 94/55 SCALE: 1 "=50' U.P.R.R. RIGHT-OF-WAY AS SHOWN ON RS 94/55 POR. LOT 15 M.B. 9/26 SEC. 23. T2S, RIM S.B.M. OWNER: RCTC (APN: 165-185-000 G L Z SURVEYORS NOTES: ( ) INDICATES MEASURED & RECORD DATA PER RS 94/95 EASEMENT NOTES: O EASEMENT FOR PUBLIC UTILITIES, PUBLIC SERVICES AND STORM DRAINS PER DOCUMENT REC. 08/06/79, AS INST. NO. 165179, O.R. AS SHOWN ON RS 94/55 S7 A23.32' W S7 4.46�11 „ 21 -0 �n -6 - n AREA: 3,457 SQUARE FEET. O 1 p 'vim O 0 -0 2 _c V)1-- zw J LE1 Eje POINT OF U (f) COMMENCEMENT N �. ut i� N in 0 0 Z 5d 1 (S89'28'52"E 695.32') �1 - �Q yd OWNER: SERGIO HERNANDEZ (APN: 165-190-044) 1 1 POINT OF ULTIMATE RIGHT-OF-WAY BEGINNING OF LIMONITE AVENUE AS SHOWN ON RS 94/55 OLD CENTERLINE OF PEDLEY ROAD (FORMERLY GARNET STREET -VACATED) SOUTH WESTERLY LINE OF PEDLEY ROAD AS SHOWN ON RS 94/55 POR. LOT 15 M.B. 9/26 SEC. 23, T2S. R6W S.B.M. LIMONITE AVENUE S'LY LINE OF SECTION �T2S, R6W, S.B.M. EXHIBIT "A" PLAT SHEET 1 OF 1 PSOMAS 1500 IOWA AVENUE, SUITE 200 RIVERSIDE, Conlon* 92503 (951) 787-8421 vrcpaomoscom SCALE 1" 50' DRAFTED JRR CHECKED SMS DATE: FEBRUARY 19, 2014 JOB NUMBER 4RCT010108 189 EXHIBIT "B" DESCRIPTION OF HERNANDEZ/AVILA SWAP PROPERTY See Attached. RVPUMELB1685253. [ 190 PS OMAS EXHIBIT "B" LEGAL DESCRIPTION (APN: 165-190-044) Being portions of the southeast quarter of.Section 23, Township 2 South, Range 6 West, S.B.M., located in the City of Jurupa Valley, County of Riverside, State of California, more particularly described as follows: Commencing at the centerline intersection of Collins Street with Limonite Avenue as shown on Record of Survey filed in Book 94, pages 54 and 55 of Surveys, records of Riverside County, California, said point also being on the southerly line of said section 23; • • Thence along the south line of said Section 23, said south line also being the old centerline of said Limonite Avenue, South 89°28'52" East 695.32 feet to the old centerline of Pedley Road (formerly Garnet Street) as shown on said Record of Survey; Thence along said old centerline North 00°35'26" East 213.03 feet to the "Ultimate Right -of -Way" of Limonite Avenue per County of Riverside Right -of -Way Map 892-Y dated 11/22/88 as shown on said Record of Survey; Thence continuing along said old centerline North 00°35'26" East 201.13 feet to the Point of Beginning; Thence continuing along said old centerline of Pedley Road North 00°35'26" East 140.00 feet to a point on a curve concave northeasterly having a radius of 1050.00 feet, a radial line from said beginning bears North 72°50' 16" East, also being the westerly line of the realigned Pedley Road per County of Riverside Right -of -Way Map 892-Y dated 11/22/88 as shown on said Record of Survey; Page I of 2 191 S Thence southeasterly along said curve an arc length of 51.82 feet through a central, angle of 02°49'39", to the beginning of a compound curve concave northeasterly having a radius of 350.00 feet, a radial line from said beginning bears North 70°00'37" East; Thence southeasterly along said carve an arc length of 84.95 feet through a central angle of13°54'26" Thence South 74°46'37" West 58.40 feet to the Point of Beginning. The above described parcel contains 3457 sq. fl. more of less. See Exhibit "B" attached hereto and made a part hereof, - This legal description is not intended for use in the division and/or conveyance of land in violation of the sttbdivision map act of the State of California. Prepared udder the direction of: IO Clifford A.'Sitnental, PLS 5022 Page 2 of 2 G14C Date 192 WESTERLY LINE OF PEDLEY ROAD AS SHOWN ON RS 94/55 SCALE: 1 "=50' U.P.R.R. RIGHT-OF-WAY AS SHOWN ON RS 94/55 POR. LOT 15 M.B. 9/28 SEC. 23, T2S, R8W S.B.M. OWNER: RCTC (APN: 185-185-005) 7- POINT OF BEGINNING Z -0 0 0 -� S C) AREA: 1 5. 3,457 SQUARE FEET. 1 0 �z V O SURVEYORS NOTES: ( ) INDICATES MEASURED & DATA PER RS 94/95 EASEMENT NOTES: 0 RECORD � -0 Z a. O EASEMENT FOR PUBLIC UTILITIES, PUBLIC SERVICES AND STORM DRAINS PER DOCUMENT REC. 08/06/79, AS INST. NO. 165179, O.R. AS SHOWN ON RS 94/55 zw ol/— POINT OF U u) COMMENCEMENT 0 0 i7 0 N io 1 1 50' RAR' 6" t N?2501 A=02'49'39" R= 1050.00' L= 51.82' 019, G RPp. 58.go 57 A,A6 31 o(`..‘ o� A=13'54.26" 10 R=350.00 y L=84.95' OWNER: SERGIO HERNANDEZ (APN: 165-190-044) SOUTH WESTERLY LINE OF PEDLEY ROAD AS SHOWN ON RS 94/55 POR. LOT 15 M.B. 9/28 SEC. 23, T2S, R8W S.B.M. 1 1 1 1 11 (SB9'28'52"E 695.32') M1 f 0 ri N ULTIMATE RIGHT-OF-WAY OF LIMONITE AVENUE AS SHOWN ON RS 94/55 OLD CENTERLINE OF PEDLEY ROAD (FORMERLY GARNET STREET -VACATED) LIMONITE AVENUE S'LY LINE OF SECTION �T2S, R6W, S.B.M. EXHIBIT "B'' PLAT SHEET 1 OF 1 PSOMAS 1500 IOWA AVENUE, WOE 200 PIVERSIDF Cdifernio 82503 WI) 787-0421 .r".pfcmocoan SCALE 1' 50' DRAFTED JRR CHECKED SMS DATE: FEBRUARY 19, 2014 JOB NUMBER 4RCT010108 193 EXHIBIT "C" COMMISSION SWAP PROPERTY GRANT DEED See Attached. • • RVPUBTLB\685253. } 194 RECORDING REQUESTED AND WHEN RECORDED RETURN TO: RIVERSIDE COUNTY TRANSPORTATION COMMISSION P.O. Box 12008 Riverside, California 92505-2208 APN:165-185-005 SPACE ABOVE THIS LINE FOR RECORDER'S USE EXEMPT FROM RECORDING FEES PURSUANT TO GOV. CODE § 27383 NO DOCUMENTARY TRANSFER TAX PURSUANT TO CALIFORNIA REVENUE & TAXATION CODE § 11922 GRANT DEED FOR GOOD AND VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, RIVERSIDE COUNTY TRANSPORTATION COMMISSION, a public agency of the State of • California ("Grantor") hereby gram's to SERGK1 IiE NllEZ ArP�li) A1VlzLLA Av�t,A, llsusnann and Wife as Joint Tenants (collectively "Grantee"), that certain real property located in the City of Riverside, County of Riverside, State of California, more particularly described in Exhibit 1 and depicted in Exhibit 2 attached hereto and made a part hereof (the "Property"). IN WITNESS WHEREOF, Grantor has caused its name to be affixed hereto and this instrument to be executed by its duly authorized officer. GRANTOR: DATED: , 201_ RIVERSIDE COUNTY TRANSPORTATION COMMISSION By: Anne Mayer, Executive Director 17336.00603\7462919.1 1 195 ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF ) On before me, (here insert name and title of the officer), personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrinnent the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 17336.0060317462919.1 2 196 EXHIBIT 1 TO GRANT DEED LEGAL DESCRIPTION OF PROPERTY Real property in the City of Riverside, County of Riverside, State of California, described as follows: • • 17336.00603\74 62919.1 197 " P S O M . S E X H I B I T " A " L E G A L D E S C R I P T I O N ( A P N : 1 6 5 - 1 8 5 - 0 0 5 ) B e i n g p o r t i o n s o f t h e s o u t h e a s t q u a r t e r o f S e c t i o n 2 3 , T o w n s h i p 2 S o u t h , R a n g e 6 W e s t , S . B . M . , l o c a t e d i n t h e C i t y o f J u r u p a V a l l e y , C o u n t y o f R i v e r s i d e , S t a t e o f C a l i f o r n i a , m o r e p a r t i c u l a r l y d e s c r i b e d a s f o l l o w s : C o m m e n c i n g a t t h e c e n t e r l i n e i n t e r s e c t i o n o f C o l l i n s S t r e e t w i t h L i m o n i t e A v e n u e a s s h o w n o n R e c o r d o f S u r v e y f i l e d i n B o o k 9 4 , p a g e s 5 4 a n d 5 5 o f S u r v e y s , r e c o r d s o f R i v e r s i d e C o u n t y , C a l i f o r n i a , s a i d p o i n t a l s o b e i n g o n t h e s o u t h e r l y l i n e o f s a i d s e c t i o n 2 3 ; T h e n c e a l o n g t h e s o u t h l i n e o f s a i d S e c t i o n 2 3 , s a i d s o u t h l i n e a l s o b e i n g t h e o l d c e n t e r l i n e o f s a i d L i m o n i t e A v e n u e , S o u t h 8 9 � 2 8 ' 5 2 " E a s t 6 9 5 . 3 2 f e e t t o t h e o l d c e n t e r l i n e o f P e d l e y R o a d ( f o r m e r l y G a r n e t S t r e e t ) a s s h o w n o n s a i d R e c o r d o f S u r v e y ; T h e n c e a l o n g s a i d o l d c e n t e r l i n e N o r t h 0 0 � 3 5 ' 2 6 " E a s t 2 1 3 . 0 3 f e e t t o t h e " U l t i m a t e R i g h t - o f - W a y " o f L i m o n i t e A v e n u e p e r C o u n t y o f R i v e r s i d e R i g h t - o f - W a y M a p 8 9 2 - Y d a t e d 1 1 / 2 2 / 8 8 a s s h o w n o n s a i d R e c o r d o f S u r v e y , a n d t h e P o i n t o f B e g i n n i n g ; T h e n c e c o n t i n u i n g a l o n g s a i d o l d c e n t e r l i n e N o r t h 0 0 � 3 5 ' 2 6 " E a s t 2 0 1 . 1 3 ; T h e n c e S o u t h 7 4 � 4 6 ' 3 7 " W e s t 2 7 . 3 2 f e e t ; T h e n c e S o u t h 1 4 � 5 3 ' 3 9 " E a s t 6 7 . 6 8 f e e t ; T h e n c e S o u t h 7 4 � 4 6 ' 1 3 " W e s t 2 7 . 1 1 f e e t ; T h e n c e S o u t h 1 5 � 1 3 ' 5 1 " E a s t 1 2 5 . 8 3 f e e t t o t h e P o i n t o f B e g i n n i n g . P a g e 1 o f 2 1 9 8 PS ®MAS The above described parcel contains 3,457 sq. ft, more or less. See Exhibit "B" attached hereto and made a part hereof. This legal description is not intended for use in the division and/or conveyance of land in violation of the subdivision map act of the State of California. Prepared under the direction of ILL-- CliffordA. Sirnental, PLS 5022 SAND SU�Ir c�nn�n►Tni o ,t s-V \u-4,\ 5 LC:A Date Page 2 of 2 199 EXHIBIT 2 TO GRANT DEED DEPICTION OF PROPERTY [To be attached] 17336.0060317462919.1 200 WESTERLY LINE O.F PEDLEY ROAD AS SHOWN ON RS 94/55 SCALE: 1 "=50' U.P.R.R. RIGHT—OF—WAY AS SHOWN ON RS 94/55 A 3,457 SQUARE FEET. POR. LOT 15 M.B. 9,128 SEC. 23. T2S; ROW &S.M. OWNER: RCM (APME 85-185-005) 574,451311 8 27.52 9 C,? 574 .0 1 v 21 11 0 1 � �t 10 SURVEYORS NOTES ) INDICATES MEASURED & RECORD t DATA PER RS 94/95 EASEMENT NOTES: EASEMENT FOR PUBLIC UTILITIES, PUBLIC' SERVICES AND STORM DRAINS PER DOCUMENT REC. 08/06/79, AS INST. NO. 165179, O.R. AS SHOWN ON RS 94/55 POINT OF COMMENCEMENT 11 (S89'28'52"E 69_^5.32')_..,,�` a N v co M 0 a z 60' 130 �o 50 OWNER: SERGIO HERNANDEZ (APN: 185-190-044) SOUTH WESTERLY LINE OF PEDLEY ROAD AS SHOWN ON RS 94/55 POR. LOT 15 M.D. 9/213 SAC. 23, T2S. R5W S.B.M. POINT OF ULTIMATE RIGHT-OF-ViA`( BEGINNING OF LIMONITE AVENUE AS SHOWNON RS 94/55 OLD CENTERLINE OF PEDLEY ROAD (FORMERLY GARNET STREET —VACATED) LIMONITE AVENUE S'LY LINE OF SECTION T2S, R6W, S.B.M. EXHIBIT "Bn PLAT SHEET 1OF1 PSOMAS 1500 IOWA AVEA4/E, WiTE 20D R1VERk0E. Copfcinla 02.503 (951) 787-8421 rev:pfomoaam SCALE 1- = 50' DRAFTED JRR CHECKED SMS DATE: FEBRUARY 19, 2014 J08 NUMBER 4RCT010108 201 " E X H I B I T " D " H E R N A N D E Z / A V I L A S W A P P R O P E R T Y G R A N T D E E D S e e A t t a c h e d . " " R V P U I R E L I 3 1 6 8 5 2 5 3 . 1 8 2 0 2 RECORDING REQUESTED AND WHEN RECORDED RETURN TO: Sergio Hernandez and Angela Avila 5017 Tyrolite Street Riverside, CA 92509 APN:165-190.044 SPACE ABOVE THIS LINE. FOR RECORDER'S USE • EXEMPT FROM RECORDING FEES PURSUANT TO GOV. CODE § 27383 NO DOCUMENTARY TRANSFER TAX PURSUANT 10 CALIFORNIA REVENUE R'. TAXATION CODE § 11922 GRANT DEED FOR GOOD AND VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SERGIO HERNANDEZ AND ANGELA AVILA, Husband and Wife as Joint Tenants (collectively "Grantor") hereby grants to RIVERSIDE COUNTY TRANSPORTATION COMMISSION, a public agency of the State of Califorma ("Grantee"), that certain real property located iu the City of Riverside, County of Riverside, State of California, more particularly described in Exhibit 1 and depicted in Exhibit 2 attached hereto and made a part hereof (the "Property"). IN WITNESS WHEREOF, Grantor has caused its name to be affixed hereto and this instrument to be executed by its duly authorized officer. GRANTOR: DATED: , 201_ SERGIO HERNANDEZ AND ANGELA AVILA By: Sergio Hernandez By: Angela Avila 17336.00603\7462919.1 l 203 STATE OF CALIFORNIA COUNTY OF ACKNOWLEDGEMENT On before me, (here insert name and title of the officer), personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my band and official seal. Signature (Seal) 17336.00603\7462919.1 2 204 " R I V E R S I D E C O U N T Y T R A N S P O R T A T I O N C O M M I S S I O N C E R T I F I C A T E O F A C C E P T A N C E T h i s i s t o c e r t i f y t h a t t h e i n t e r e s t i n r e a l p r o p e r t y c o n v e y e d b y t h e G r a n t D e e d t o w h i c h t h i s C e r t i f i c a t e o f A c c e p t a n c e i s a t t a c h e d f r o m : S E R G I O H E R N A N D E Z A N D A N G E L A A V I L A , H u s b a n d a n d W i f e a s J o i n t T e n a n t s ( " G r a n t o r " ) t o : R I V E R S I D E C O U N T Y T R A N S P O R T A T I O N C O M M I S S I O N , a p u b l i c a g e n c y o f t h e S t a t e o f C a l i f o r n i a ( " G r a n t e e " ) i s h e r e b y a c c e p t e d b y t h e u n d e r s i g n e d o f f i c e r o n b e h a l f o f G r a n t e e p u r s u a n t t o a u t h o r i t y c o n f e r r e d b y t h e G r a n t e e ' s g o v e r n i n g b o a r d , a n d G r a n t e e h e r e b y c o n s e n t s t o r e c o r d a t i o n o f s a i d G r a n t D e e d . D a t e d : R I V E R S I D E C O U N T Y T R A N S P O R T A T I O N C O M M I S S I O N , a p u b l i c a g e n c y o f t h e S t a t e o f C a l i f o r n i a B y : A n n e M a y e r E x e c u t i v e D i r e c t o r 1 7 3 3 6 . 0 0 6 0 3 \ 7 4 6 2 9 1 9 . 1 2 0 5 EXHIBIT 1 TO GRANT DEED LEGAL DESCRIPTION OF PROPERTY Real property in the City of Riverside, County of Riverside, State of California, described as follows: • • 17336.0060317462919.1 206 " P S O M A . S E X H I B I T " A " L E G A L D E S C R I P T I O N ( A P N : 1 6 5 - 1 9 0 - 0 4 4 ) B e i n g p o r t i o n s o f t h e s o u t h e a s t q u a r t e r o f S e c t i o n 2 3 , T o w n s h i p 2 S o u t h , R a n g e 6 W e s t , S . S . M . , l o c a t e d i n t h e C i t y o f J u r u p a V a l l e y , C o u n t y o f R i v e r s i d e , S t a t e o f C a l i f o r n i a , m o r e p a r t i c u l a r l y d e s c r i b e d a s f o l l o w s : C o m m e n c i n g a t t h e c e n t e r l i n e i n t e r s e c t i o n o f C o l l i n s S t r e e t w i t h L i m o n i t e A v e n u e a s s h o w n o n R e c o r d o f S u r v e y f i l e d i n B o o k 9 4 , p a g e s 5 4 a n d 5 5 o f S u r v e y s , r e c o r d s o f . R i v e r s i d e C o u n t y , C a l i f o r n i a , s a i d p o i n t a l s o b e i n g o n t h e s o u t h e r l y l i n e o f s a i d s e c t i o n 2 3 ; T h e n c e a l o n g t h e s o u t h l i n e o f s a i d S e c t i o n 2 3 , s a i d s o u t h l i n e a l s o b e i n g t h e o l d c e n t e r l i n e o f s a i d L i m o n i t e A v e n u e , S o u t h 8 9 � 2 8 ' 5 2 " E a s t 6 9 5 . 3 2 f e e t t o t h e o l d c e n t e r l i n e o f P e d l e y R o a d ( f o r m e r l y G a r n e t S t r e e t ) a s s h o w n o n s a i d R e c o r d o f S u r v e y ; T h e n c e a l o n g s a i d o l d c e n t e r l i n e N o r t h 0 0 � 3 5 ' 2 6 " E a s t 2 1 3 , 0 3 f e e t t o t h e " U l t i m a t e R i g h t - o f - W a y " o f L i m o n i t e A v e n u e p e r C o u n t y o f R i v e r s i d e R i g h t - o f - W a y M a p 8 9 2 - Y d a t e d 1 1 / 2 2 / 8 8 a s s h o w n o n s a i d R e c o r d o f S u r v e y ; T h e n c e c o n t i n u i n g a l o n g s a i d o l d c e n t e r l i n e N o r t h 0 0 � 3 5 ' 2 6 " E a s t 2 0 1 . 1 3 f e e t t o t h e P o i n t o f B e g i n n i n g ; T h e n c e c o n t i n u i n g a l o n g s a i d o l d c e n t e r l i n e o f P e d l e y R o a d N o r t h 0 0 � 3 5 ' 2 6 " E a s t 1 4 0 . 0 0 f e e t t o a p o i n t o n a c u r v e c o n c a v e n o r t h e a s t e r l y h a v i n g a r a d i u s o f 1 0 5 0 . 0 0 f e e t , a r a d i a l l i n e , f r o m s a i d b e g i n n i n g b e a r s N o r t h 7 2 � 5 0 ' 1 6 " E a s t , a l s o b e i n g t h e w e s t e r l y l i n e o f t h e r e a l i g n e d P e d l e y R o a d p e r C o u n t y o f R i v e r s i d e R i g h t - o f - W a y M a p 8 9 2 - Y d a t e d 1 1 / 2 2 / 8 8 a s s h o w n o n s a i d R e c o r d o f S u r v e y ; P a g e 1 o f 2 2 0 7 S OMAS Thence southeasterly along said curve an arc length of 51.82 feet through a central angle of 02°49'39", to the beginning of a compound curve concave northeasterly having a radius of 350.00 feet, a radial line from said beginning bears North 70°00'37" East; Thence southeasterly along said curve an arc length of 84.95 feet through a central angle of 13°54'26'; Thence South 74°46'37" West 58.40 feet to the Point of Beginning. The above described parcel contains 3457 sq. ft. more or less. See Exhibit "B" attached hereto and made a part hereof. This legal description is not intended for use in the division and/or conveyance of land in violation of the subdivision map act of the State of California. Prepared under the direction of: LAND y.. G- �� CL,IPFOM k;�• _—, 51iG1 Nt A`t� `9 No .5M �M,e �-(—� 1�� �� . _ '� ,zoW4S Clifford A. Simental, PLS 5022 Date Page 2 of 2 i� 208 " E X H I B I T 2 T O G R A N T D E E D D E P I C T I O N O F P R O P E R T Y [ T o b e a t t a c h e d ] 1 7 3 3 6 . 0 0 6 0 3 \ 7 4 6 2 9 1 9 . 1 2 0 9 " W E S T E R L Y L I N E O F P E D L E Y R O A D A S �� S H O W N O N R S 9 4 / 5 5 T �� S C A L E : 1 " = 5 0 ' U . P . R . R . R I G H T - - O F - W A Y A S S H O W N O N R S 9 4 / 5 5 A R E A : 3 , 4 5 7 S Q U A R E F E E T . P O R . L O T 1 5 M . B . 9 / 2 8 S E C . 2 3 , T 2 S , R O W & S . M . O W N E R : R C T C ( A P N : 1 8 5 - 1 8 5 - 0 0 5 ) S U R V E Y O R S N O T E S : ( ) I N D I C A T E S M E A S U R E D & R E C O R D D A T A P E R R S 9 4 / 9 5 E A S E M E N T N O T E S : P O I N T O F B E G I N N I N G O E A S E M E N T F O R P U B L I C U T I L I T I E S , P U B L I C S E R V I C E S A N D S T O R M D R A I N S P E R D O C U M E N T R E C . " 0 8 / 0 6 / 7 9 , A S I N S T . N O . 1 6 5 1 7 9 , O . R . A S S H O W N O N R S 9 4 / 5 5 V ) z w L L I Q 1 �� U ( 1 ) P O I N T O f C O M M E N C E M E N T ( S 8 9 ' 2 8 ' 5 2 " E 6 9 5 . 3 2 ' ) r d N t i l N 7 n M O O Z v 5 0 ' 1 4 1 2 A = 0 2 ' 4 9 ' 3 9 " R = 1 0 5 0 . 0 0 ' L = 5 1 . 8 2 ' P p O p p 5 8 . 4 d . 4 1 S 7 h h 6 3 ? F o ( ; . G = 1 3 ' 5 4 ' 2 6 " ��O R = 3 5 0 . 0 0 y L = 8 4 . 9 5 ' , 6 0 6 0 ; E R P . 4 ) 0 O W N E R : S E R G I O H E R N A N D E 2 ( A P N : 1 8 5 - 1 9 0 - 0 4 4 ) S O U T H W E S T E R L Y L I N E O F P E D L E Y R O A D A S S H O W N O N R S 9 4 / 5 5 P O R . L O T 1 5 M . B . 9 / 2 8 S E C . 2 3 , T 2 S , R O W S . B . M . U L T I M A T E R I G H T - O F - W A Y O F L I M O N I T E A V E N U E A S S H O W N O N R S 9 4 / 5 5 O L D C E N T E R L I N E O F \ o - - - - - P E D L E Y R O A D ( F O R M E R L Y ��1 G A R N E T S T R E E T - V A C A T E D ) ` N L I M O N I T E A V E N U E S ' L Y L I N E O F S E C T I O N T 2 S , R 6 W , S . B . M . E X H I B I T " B n P L A T S H E E T 1 O F 1 P S O M A S 1 5 0 0 I O W A A V E N U E , S U R E 2 0 0 9 I 1 4 9 5 1 0 9 . C 0 1 1 ( o r n b 9 2 5 0 3 ( 9 5 1 ) 7 8 7 - 8 4 2 1 r r r . p u m o . . 0 0 m S C A L E 1 " 5 0 ' D R A F T E D J R R C H E C K E D S 1 S D A T E : F E B R U A R Y 1 9 , 2 0 1 4 J 0 0 N U M B E R 4 R C T 0 1 0 1 0 8 2 1 0 AGENDA ITEM 91 " " R I V E R S I D E C O U N T Y T R A N S P O R T A T I O N C O M M I S S I O N D A T E : M a y 1 4 , 2 0 1 4 T O : R i v e r s i d e C o u n t y T r a n s p o r t a t i o n C o m m i s s i o n F R O M : W e s t e r n R i v e r s i d e C o u n t y P r o g r a m s a n d P r o j e c t s C o m m i t t e e P a t t i C a s t i l l o , C a p i t a l P r o j e c t s M a n a g e r T H R O U G H : A n n e M a y e r , E x e c u t i v e D i r e c t o r S U B J E C T : A g r e e m e n t f o r C o n s t r u c t i o n M a n a g e m e n t S e r v i c e s , M a t e r i a l s T e s t i n g , a n d C o n s t r u c t i o n S u r v e y i n g f o r R i v e r s i d e D o w n t o w n S t a t i o n O p e r a t i o n s C o n t r o l C e n t e r W E S T E R N R I V E R S I D E C O U N T Y P R O G R A M S A N D P R O J E C T S C O M M I T T E E A N D S T A F F R E C O M M E N D A T I O N : T h i s i t e m i s f o r t h e C o m m i s s i o n t o : 1 ) A w a r d A g r e e m e n t N o . 1 4 3 1 - 0 7 5 0 0 t o A b a c u s P r o j e c t - M a n a g e m e n t , I n c . ( A b a c u s ) f o r c o n s t r u c t i o n m a n a g e m e n t ( C M ) , m a t e r i a l s t e s t i n g , a n d c o n s t r u c t i o n s u r v e y i n g s e r v i c e s f o r t h e R i v e r s i d e D o w n t o w n S t a t i o n O p e r a t i o n s C o n t r o l C e n t e r ( R D N O C C ) , i n t h e a m o u n t o f $ 1 6 5 , 2 5 3 , p l u s a c o n t i n g e n c y a m o u n t o f $ 1 6 , 5 2 5 , f o r a t o t a l a m o u n t n o t t o e x c e e d $ 1 8 1 , 7 7 8 ; 2 ) A u t h o r i z e t h e C h a i r o r E x e c u t i v e D i r e c t o r , p u r s u a n t t o l e g a l c o u n s e l r e v i e w , t o e x e c u t e t h e a g r e e m e n t o n b e h a l f o f t h e C o m m i s s i o n ; a n d 3 ) A u t h o r i z e t h e E x e c u t i v e D i r e c t o r t o a p p r o v e c o n t i n g e n c y w o r k a s m a y b e r e q u i r e d f o r t h e p r o j e c t . B A C K G R O U N D I N F O R M A T I O N : T h e C o m m i s s i o n o w n s a n d o p e r a t e s f i v e c o m m u t e r r a i l s t a t i o n s R i v e r s i d e D o w n t o w n , L a S i e r r a , N o r t h M a i n C o r o n a , P e d l e y , a n d W e s t C o r o n a a n d t h e P e r r i s T r a n s i t C e n t e r . T h e R i v e r s i d e D o w n t o w n M e t r o l i n k S t a t i o n o p e n e d i n 1 9 9 3 . T h e f a c i l i t y i n c l u d e s a n o p e r a t i o n s c o n t r o l c e n t e r h o u s i n g a c e n t r a l i z e d C l o s e d C i r c u i t T e l e v i s i o n ( C C T V ) s u r v e i l l a n c e s y s t e m f o r a l l o f R i v e r s i d e C o u n t y ' s M e t r o l i n k s t a t i o n s . I n o r d e r t o e n h a n c e p u b l i c s a f e t y , r e d u c e v a n d a l i s m , p r e v e n t c r i m e , a n d i d e n t i f y c r i m i n a l a c t i v i t y , t h e s y s t e m m o n i t o r s a v a r i e t y o f s t a t i o n e n v i r o n m e n t s a n d a c t i v i t i e s 2 4 h o u r s a d a y . T h e s y s t e m p r e s e n t l y i n c l u d e s 1 1 5 c a m e r a s d i s t r i b u t e d a m o n g t h e v a r i o u s s t a t i o n s i t e s . T h e f a c i l i t y w h e r e t h e C C T V s y s t e m i s h o u s e d a n d m o n i t o r e d i s k n o w n a s t h e R D N O C C . A g e n d a I t e m 9 1 2 1 1 In 1994, Metrolink installed modular crew layover offices at the station. Over the past two decades, the Commission's security surveillance system and Metrolink's rail operations have expanded and outgrown the capacity of their existing buildings. In response, staff developed a scope for comprehensive assessment of the Commission's security and surveillance operations. In January 2009, the Commission authorized staff to commission a station and park & ride security plan (Security Plan) to assess the security, surveillance, facility improvements, future facility design, and development of facility emergency response plans. The Security Plan recommended relocating video surveillance and security guard operations to a new RDNOCC. At its December 2010 meeting, the Commission approved an agreement to provide engineering design and support services for the relocation, expansion, and upgrade of the RDNOCC. Due to funding constraints, the plans were placed on hold. At its March 2013 meeting, the Commission reallocated $1.3 million of surplus Proposition 1B grant funds to construct a new operations control center. The design of the RDNOCC has now been completed and the project plans are currently under review by the planning department at the city of Riverside. Once CM services have been procured, the Commission will seek bids for the construction of the RDNOCC. Staff anticipates releasing construction bids in summer of 2014. Procurement Process Pursuant to Government Code 4525 et seq, selectionof architectural, engineering, and related services shall be on the basis of demonstrated competence and on professional qualifications necessary for the satisfactory performance of the services required. Therefore, staff used the qualification method of selection for the procurement of these services. Evaluation criteria included elements such as qualifications of firm, qualifications of personnel, understanding and approach, and the ability to respond to the requirements set forth under the terms of a request for qualifications (RFQ). RFQ No. 14-31-075-00 for CM, materials testing, and construction surveying services for the RDNOCC was released by staff on February 11. A public notice was advertised in the Press Enterprise, and the RFQ was posted on the Commission's PlanetBids website, which is accessible through the Commission's website. Using data from PlanetBids, postcards were sent to 154 firms, 22 of which are located in Riverside County. Using PlanetBids, 73 firms downloaded the RFQ; 15 of these firms are located in Riverside County. A pre -bid conference was held on February 20 and attended by 16 firms; 3 of these firms are located in Riverside County. Staff responded to all questions submitted by potential proposers prior to the February 27 clarification deadline date. Two firms — Abacus (Riverside) and Z&K Consultants Inc. (Corona) — submitted responsive and responsible statements of qualifications (SOQ) prior to the 2:00 p.m. submittal deadline on March 13. Utilizing the evaluation criteria set forth in the RFQ, the firms were evaluated and scored by an evaluation committee comprised of Commission and Bechtel staff. Agenda Item 91 212 Based on the evaluation committee's assessment of the written proposals and pursuant to the terms of the RFQ, the evaluation committee short listed and invited both firms to the interview phase of the evaluation and selection process. Interviews were conducted on April 1. The evaluation committee conducted a subsequent evaluation of each firm, based on both written and interview components presented to the evaluation committee by each proposer. Accordingly, the evaluation committee recommends contract award to Abacus to provide CM, materials testing and construction surveying services for the RDNOCC, as it earned the highest total evaluation scores. Subsequently, staff entered into negotiations to further define the scope (including the appropriate level of effort, labor categories/mix, etc.), cost, and schedule proposal with Abacus for the project services to establish a fair and reasonable price. Staff estimates the cost of these services to be approximately $165,862; however, there may be minor adjustments to this amount. Staff recommends award of Agreement No. 14-31-075-00 to Abacus to perform CM services, materials testing, and construction surveying services for the RDNOCC project in the amount of $165,253, plus contingency amount of $16,525 for unanticipated changes, for a total amount not to exceed $181,778. Staff will bring the final cost to the Commission at its May 14 meeting. Financial Information In Fiscal Year Budget: Yes N/A Year: FY 2013/14 FY 2014/15+ Amount: $ 10,000 $ 171,778 Source of Funds: Prop 16 PTIMSEA Budget Adjustment: No N/A GL/Project Accounting No.: 004018 81302 00000 0000 265 33 81301 Fiscal Procedures Approved: 1--b,i.,.d.,.4/.34 Date: 04/18/2014 Attachment: Draft Agreement No. 14-31-075-00 Agenda Item 91 213 " M O D E L P R O F E S S I O N A L S E R V I C E S A G R E E M E N T W I T H P R O P O S I T I O N 1 B A S S I S T A N C E R I V E R S I D E C O U N T Y T R A N S P O R T A T I O I C O M M I S S I O N A G R E E M E N T W I T H [ C O N S U L T A N T F O R [ D E S C R I P T I O N O F F O R [ N A M E O ' ��` E J E C T ] 1 . P A R T I E S A N D D A T E . T h i s A g r e e m e n t i s b y a n d b e t w e e n t h e R I V E R S I D C o m m i s s i o n ' ' ) a n d [ N a m e o f C o n s u l t a n t ] . 2 . R E C I T 2 . 1 M e a s u r e A a p o r r i z i n g u s e t a x o f u n o f R i v e , a n d a d t " P l a n ` t h i s d a y o f , 2 0 1 4 , R T A T I O N C O M M I S S I O N ( " t h e n t " ) , [ L e g a l S t a l u s o r 8 , 1 9 8 u e v o t e r s o f R i v e r s i d e C o u n t y a p p r o v e d a a o n I f p e r c e n t ( ' / z % ) r e t a i l t r a n s a c t i o n s a n d o r t a r a n d i m p r o v e m e n t s w i t h i n t h e C o u n t y i v e r s i d e t y T r a n s p o r t a t i o n I m p r o v e m e n t P l a n ( t h e 2 P u r s u a t o P a l i C U t i l i t y C o d e S e c t i o n s 2 4 0 0 0 0 e t s e q . , t h e C o m m i s s i o n i s a u t h o r i z e d t o l o c a t e t h e p r o c e e d s o f t h e T a x i n f u r t h e r a n c e o f t h e P l a n . 2 . 3 Q t N o u b e r 5 , 2 0 0 2 , t h e v o t e r s o f R i v e r s i d e C o u n t y a p p r o v e d a n e x t e n s i o n o f t h e M e a d t a x f o r a n a d d i t i o n a l t h i r t y ( 3 0 ) y e a r s f o r t h e c o n t i n u e d f u n d i n g o f t r a n s p o r t a t i o n a n d i m p r o v e m e n t s w i t h i n t h e C o u n t y o f R i v e r s i d e . 2 . 4 A s o u r c e o f f u n d i n g f o r p a y m e n t f o r p r o f e s s i o n a l s e r v i c e s p r o v i d e d u n d e r t h i s A g r e e m e n t i s s t a t e f u n d s f r o m P r o p o s i t i o n 1 B a d m i n i s t e r e d b y t h e C a l i f o r n i a D e p a r t m e n t o f T r a n s p o r t a t i o n ( " C a l t r a n s " ) t h r o u g h t h e P u b l i c T r a n s p o r t a t i o n M o d e r n i z a t i o n , I m p r o v e m e n t , a n d S e r v i c e E n h a n c e m e n t A c c o u n t y ( " P T M I S E A " ) . T h i s A g r e e m e n t s h a l l n o t b e d e e m e d t o b e a p p r o v e d b y t h e C o m m i s s i o n u n t i l t h e c e r t i f i c a t i o n s h o w n i n E x h i b i t " E " a t t a c h e d h e r e t o a n d i n c o r p o r a t e d h e r e i n b y r e f e r e n c e , i s e x e c u t e d . B - 1 2 1 4 2.5 Consultant desires to perform and assume responsibility for the provision of certain professional services required by the Commission on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing [ INSERT TYPE OF SERVICES ] to public clients, is licensed in the State of California (if necessary), and is familiar with the plans of the Commission. 2.6 The Commission desires to engage Consultant to render such services for the [ INSERT NAME OF PROJECT ] ("Project"), as set forth in this Agreement. 3. TERMS. 3.1 General Scope of Servi . l and professional services, including I supervision and expertise, and incident adequately supply the [ INSERT TY Project ("Services"). The Services are more attached hereto and incorporates .-rein by ref and performed in accordance i Agreem incorporated herein by reference, • " licable and regulations. 3.2 NOTICE TO PR Consultant to com . Con "Notice t all ind for th issuanc pre -award before th provided could be the procedures are manner to facilitate pros`reviews. onsult material, e id customary wor OF SERVICES hall furnish all technical ment, transportation, cessary to fully and necessary for the -early describe in Exhibit "A" All Services sh a subject to, he exhibits attached hereto and , state and federal laws, rules ment o erv°° SE THIS PARAGRAPH IF f1 hall" insu i" catio oject, and e . Notice to e �'t. Any qu e �y ission wig underAgreeme withdra ereb BEEN D commission has authorized ance of ; Services by a "Notice to Proceed" dated that ...ces already performed pursuant to the rovisions of this Agreement, including proviso A a result of the Proposition 1B funding Caltrans rocedures apply in connection therewith, be contingent upon completion and approval of a �d during the pre -award audit shall be resolved consider approval of this Agreement. The state aid is contingent on meeting all Federal requirements and entitling the Commission to terminate this Agreement, if leted. The Consultant's files shall be maintained in a all th; [ USE THIS PARAGRAPH IF NO NOTICE TO PROCEED HAS BEEN ISSUED ] The Consultant shall commence work upon receipt of a written "Notice to Proceed" from the Commission. As a result of the Proposition 1 B funding for this Project, and to the extent Caltrans procedures apply in connection therewith, issuance of a "Notice to Proceed" may be contingent upon completion and approval of a pre - award audit. Any questions raised during the pre -award audit shall be resolved before the Commission will consider approval of this Agreement. The Proposition 1 B aid provided under this Agreement is contingent on meeting all Federal requirements and could be withdrawn, thereby entitling the Commission to terminate this Agreement, if B-2 215 " " t h e p r o c e d u r e s a r e n o t c o m p l e t e d . T h e C o n s u l t a n t ' s f i l e s s h a l l b e m a i n t a i n e d i n a m a n n e r t o f a c i l i t a t e p r o c e s s r e v i e w s . 3 . 3 T e r m . T h e t e r m o f t h i s A g r e e m e n t s h a l l b e f r o m t h e d a t e o f e x e c u t i o n o f t h i s A g r e e m e n t o r t h e d a t e o f i s s u a n c e o f t h e " N o t i c e t o P r o c e e d " b y t h e C o m m i s s i o n , w h i c h e v e r o c c u r s f i r s t , t o [ I N S E R T E N D I N G D A T E ] , u n l e s s e a r l i e r t e r m i n a t e d a s p r o v i d e d h e r e i n . C o n s u l t a n t s h a l l c o m p l e t e t h e S e r v i c e s w i t h i n t h e t e r m o f t h i s A g r e e m e n t , a n d s h a l l m e e t a n y o t h e r e s t a b l i s h e d s c h e d u l e s a n d d e a d l i n e s . A l l a p p l i c a b l e i n d e m n i f i c a t i o n p r o v i s i o n s o f t h i s A g r e e m e n - I I r e m a i n i n e f f e c t f o l l o w i n g t h e t e r m i n a t i o n o f t h i s A g r e e m e n t . 3 . 4 C o m m i s s i o n ' s R e p r e s e n t a d e s i g n a t e s t h e C o m m i s s i o n ' s E x e c u t i v e D i r R e p r e s e n t a t i v e f o r t h e p e r f o r m a n c R e p r e s e n t a t i v e " ) . C o m m i s s i o n ' s R e p r b e h a l f o f t h e C o m m i s s i o n f o r a l l p u r p o s e s s e n t a t i v e s h a l l a l s o r e v i e w a n d g i v e a p p r o v a w o r k a s i t p r o g r e s s e s . C o n s u l t a l l n o t a c o t h e r t h a n t h e C o m m i s s i o n ' s R e t i v e o r h i 3 . 5 C o n s u l t a n t ' s R [ I N S E R T N A M E t h i s A g r e e m e n t ( " h a v e f u l l a u t h o r i t y T h e C o n s u l t a n t ' s p r o f e s s i o n a l s k i l l a n t e c h n i q u p o r t i o n c o o p e h a v e f u n s b e a v a i l a b R e p r e s e n t a t i v e . C o n s u l t a n t ' s c t o n b - s e n t a t x ��t . - n t i a c e s t h e �� r - s u = _ ��' f u l l y w i t h " i s s t i o n o v e r , o ` . o t h e C o m F " w p r e s e n t a t i v ; E ] t �� t R e p r e ��' t �� f o f C o s h a l l s ��d " s h a l , o r h i s t h i s A g i n t i v e s h a l l h a v e r t h i s A g r e e m e n t . n e e d : t o t h e d e t h e C o m m i s s i o n h e r e b y r d e s i g n e e , t o a c t a s i t s e n t ( " C o m m i s s i o n ' s , a u t h o r i t y t o a c t o n m i s s i o n ' s R e p r e - o f C o n s u l t a n t ' s L i o n o r o r d e r s f r m a n y p e r s o n e r d e s i g n e e . s u l t a n t h e r e b y d e s i g n a t e s k t y e f o r t h e p e r f o r m a n c e o f s u l t e i t ' s R e p r e s e n t a t i v e s h a l l f o r a o s e s u n d e r t h i s A g r e e m e n t . I s e a n d d i r e c t t h e S e r v i c e s , u s i n g h i s r e s p o n s i b l e f o r a l l m e a n s , m e t h o d s , r t h e s a t i s f a c t o r y c o o r d i n a t i o n o f a l l t h i s " e m s ' ` . C o n s u l t a n t s h a l l w o r k c l o s e l y a n d R e p r e s - E t a t i v e a n d a n y o t h e r a g e n c i e s w h i c h m a y i n t e r - , t h e S e r v i c e s . C o n s u l t a n t ' s R e p r e s e n t a t i v e s h a l l i o n w a t a l l r e a s o n a b l e t i m e s . A n y s u b s t i t u t i o n i n s h a l l � b e a p p r o v e d i n w r i t i n g b y C o m m i s s i o n ' s 3 . 6 � - e n o f K e y P e r s o n n e l . C o n s u l t a n t h a s r e p r e s e n t e d t o t h e C o m m i s s i o n t h a t c e r t a i n p e r s o n n e l w i l l p e r f o r m a n d c o o r d i n a t e t h e S e r v i c e s u n d e r t h i s A g r e e m e n t . S h o u l d o n e o r m o r e o f s u c h p e r s o n n e l b e c o m e u n a v a i l a b l e , C o n s u l t a n t m a y s u b s t i t u t e o t h e r p e r s o n n e l o f a t l e a s t e q u a l c o m p e t e n c e u p o n w r i t t e n a p p r o v a l b y t h e C o m m i s s i o n . I n t h e e v e n t t h a t t h e C o m m i s s i o n a n d C o n s u l t a n t c a n n o t a g r e e a s t o t h e s u b s t i t u t i o n o f t h e k e y p e r s o n n e l , t h e C o m m i s s i o n s h a l l b e e n t i t l e d t o t e r m i n a t e t h i s A g r e e m e n t f o r c a u s e , p u r s u a n t t o t h e p r o v i s i o n s o f S e c t i o n 3 . 1 4 . T h e k e y p e r s o n n e l f o r p e r f o r m a n c e o f t h i s A g r e e m e n t a r e : [ L I S T N A M E S A N D T I T L E S ] . 3 . 7 P r e l i m i n a r y R e v i e w o f W o r k . A l l r e p o r t s , w o r k i n g p a p e r s , a n d s i m i l a r w o r k p r o d u c t s p r e p a r e d f o r s u b m i s s i o n i n t h e c o u r s e o f p r o v i d i n g S e r v i c e s u n d e r B - 3 2 1 6 this Agreement shall be submitted to the Commission's Representative in draft form, and the Commission may require revisions of such drafts prior to formal submission and approval. In the event plans and designs are to be developed as part of the Project, final detailed plans and designs shall be contingent upon obtaining environmental clearance as may be required in connection with Proposition 1 B funding. In the event that Commission's Representative, in his sole discretion, determines the formally submitted work product to be not in accordance with the standard of care established under this contract, Commission's Representative may require Consultant to revise and resubmit the work at no cost to the Comm'_ gin. 3.8 Appearance at Hearings. If a Consultant shall render assistance at public he Project or necessary to the performance of the be required to, and will not, render any regarding questions of a legal nature or opinion. ices. ion, interpr may be constru 3.9 Standard of e. License's that it is skilled in the profession necess obligations required by this Agree ully an Consultant shall perform the Service - no e°: in co the standards genera, discipline in the S subcontractors s assigned to them. its employees and approval such Agre reimbur omissions care provi damages Agreementg Consultant or its uncooperative, incomp ave s �sultant ss �' ontr er t. Consu Uent from th h are caus ded�r herein, and dr liabiliti arising om th+ ognized ifornia. cient s her rep s have ally omen required by the Commission, er meetings related to the ver, Consultant shall not n or recommendation constituting a legal tant represen.,F�nd maintains perform all Services, duties and quately complete the Project. ance to and consistent with rofessionals in the same that all employees and expe - = e to perform the Services nts and warrants to the Commission that l licenses, permits, qualifications and a aired to perform the Services, and that shall alained throughout the term of this grform, its own cost and expense and without Lon, any services necessary to correct errors or by th'" onsultant's failure to comply with the standard of shall De fully responsible to the Commission for all provided for in the indemnification provisions of this consultant's errors and omissions. Any employee of Ttants who is determined by the Commission to be , a threat to the adequate or timely completion of the eing on an Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the Commission, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.10 Opportunity to Cure. Commission may provide Consultant an opportunity to cure, at Consultant's expense, all errors and omissions which may be disclosed during Project implementation. Should Consultant fail to make such correction in a timely manner, such correction may be made by the Commission, and the cost thereof charged to Consultant. B-4 217 " " 3 . 1 1 I n s p e c t i o n o f W o r k . C o n s u l t a n t s h a l l a l l o w t h e C o m m i s s i o n ' s R e p r e s e n t a t i v e t o i n s p e c t o r r e v i e w C o n s u l t a n t ' s w o r k i n p r o g r e s s a t a n y r e a s o n a b l e t i m e . 3 . 1 2 F i n a l A c c e p t a n c e . U p o n d e t e r m i n a t i o n b y t h e C o m m i s s i o n t h a t C o n s u l t a n t h a s s a t i s f a c t o r i l y c o m p l e t e d t h e S e r v i c e s r e q u i r e d u n d e r t h i s A g r e e m e n t a n d w i t h i n t h e t e r m s e t f o r t h i n S e c t i o n 3 . 3 , t h e C o m m i s s i o n s h a l l g i v e C o n s u l t a n t a w r i t t e n N o t i c e o f F i n a l A c c e p t a n c e . U p o n r e c e i p t o f s u c h n o l , C o n s u l t a n t s h a l l i n c u r n o f u r t h e r c o s t s h e r e u n d e r , u n l e s s o t h e r w i s e s p e c i f i e d i n - = . e N o t i c e o f F i n a l A c c e p t a n c e . C o n s u l t a n t m a y r e q u e s t i s s u a n c e o f a N o t i c e o f F i e p t a n c e w h e n , i n i t s o p i n i o n , i t h a s s a t i s f a c t o r i l y c o m p l e t e d a l l S e r v i c e s r e q u i r e e r e r m s o f t h i s A g r e e m e n t . I n t h e e v e n t c o p y r i g h t s a r e p e r m i t t e d u n d e r X g r e e m �� ' > r t h e n i n c o n n e c t i o n w i t h P r o p o s i t i o n 1 B f u n d i n g , i t i s h e r e b y a c k n o , r e d a n d a g r e � r a t C a l t r a n s s h a l l h a v e t h e r o y a l t y - f r e e n o n - e x c l u s i v e a n d i r r e v o e r i g h t t o r e p r o d u c u b l i s h , o r o t h e r w i s e u s e , a n d t o a u t h o r i z e o t h e r s t o u s e , t h e w o ' . y o r g o v e r n m e n t a l p u 3 . 1 3 L a w s a n d l a t i o n s C 6 s h a l l k e e p i t s e ` f u l l y i n f o r m e d o f a n d i n c o m p l i a n c e w i t h a l l t o - a n d f e d J a w s , r u l e s a n d r e g u l a t i o n s i n a n y m a n n e r a f f e c t i n g t h e p e r f o r m a n c e t m _ e c t o r t e - - S e r v i c e s , i n c l u d i n g a l l C a l / O S H A r e q u i r e m e n t s , a n d s h a l l g i v e a l l n o t o f l i m i t a t i o n , C o n s u l t . i m p l e m e n t i n g r e g u l . m u s t b e i n c o r p o r . a t h o s e o f C a l t r a n s . �� s u b c o n s u l t a n t u n d e r ! i C F R , F e " � � $ i s i t i o u s e d t a m a d m i ` : R e q u i r e " G o v e r n m e x i t t o b e c o n t r , t t h e C o m m i s s i o r ��t i C o n s u l t a n t s h a l l d r m i t i v e p r o c e i s f o r G r ' h a l l a p p l y o s u c h l a o n s u l t a n q d , i n e m p l o y e e s a n d a g e t h i s A g r e e m e n t , f r o m a c o m p l y w i t h s u c h l a w s , r u l e s o r r e g u l a t i o n s . I I k e e p i n s t a n n o f t h c e w i t h t ( a ) i t y o f i d a n c e b y l a w r e x a m p l e , a n d n o t b y w a y m e d d i n c o m p l i a n c e w i t h a l l r e v i o u s c o m m i t m e n t s t h a t e t , a n i n i s t r a t i v e c o n t r o l s i n c l u d i n g I t r a n s p r o c e d u r e s , C o n s u l t a n t a n d a n y r a c t C o s t P r i n c i p l e s a n d P r o c e d u r e s , 4 8 C h a p t e r 1 , P a r t 3 1 , e t s e q . , s h a l l b e a { ' r o j e c t c o s t i t e m s a n d ( b ) t h e F e d e r a l 4 9 C F R , P a r t 1 8 , U n i f o r m A d m i n i s t r a t i v e o o p e r a t i v e A g r e e m e n t s t o S t a t e a n d . L o c a l i s C o . c t . I f t h e C o n s u l t a n t p e r f o r m s a n y w o r k k n o w i n g u l e s a n d r e g u l a t i o n s a n d w i t h o u t g i v i n g w r i t t e n n o t i c e t o a l l b e s o l e l y r e s p o n s i b l e f o r a l l c o s t s a r i s i n g t h e r e f r o m . i f y a n d h o l d C o m m i s s i o n , i t s o f f i c i a l s , d i r e c t o r s , o f f i c e r s , d h a r m l e s s , p u r s u a n t t o t h e i n d e m n i f i c a t i o n p r o v i s i o n s o f f a i m o r l i a b i l i t y a r i s i n g o u t o f a n y f a i l u r e o r a l l e g e d f a i l u r e t o 3 . 1 4 T e r m i n a t i o n . 3 . 1 4 . 1 N o t i c e ; R e a s o n . C o m m i s s i o n m a y , b y w r i t t e n n o t i c e t o C o n s u l t a n t , t e r m i n a t e t h i s A g r e e m e n t , i n w h o l e o r i n p a r t , a t a n y t i m e b y g i v i n g w r i t t e n n o t i c e t o C o n s u l t a n t o f s u c h t e r m i n a t i o n , a n d s p e c i f y i n g t h e e f f e c t i v e d a t e t h e r e o f ( " N o t i c e o f T e r m i n a t i o n " ) . S u c h t e r m i n a t i o n m a y b e f o r C o m m i s s i o n ' s c o n v e n i e n c e o r b e c a u s e o f C o n s u l t a n t ' s f a i l u r e t o p e r f o r m i t s d u t i e s a n d o b l i g a t i o n s u n d e r t h i s A g r e e - m e n t , i n c l u d i n g , b u t n o t l i m i t e d t o , t h e f a i l u r e o f C o n s u l t a n t t o t i m e l y p e r f o r m S e r v i c e s B - 5 2 1 8 pursuant to the Schedule of Services described in Section 3.15 of this Agreement. Consultant may not terminate this Agreement except for cause. 3.14.2 Discontinuance of Services. Upon receipt of the written Notice of Termination, Consultant shall discontinue all affected Services as directed in the Notice or as otherwise provided herein, and deliver to the Commission all Documents and Data, as defined in this Agreement, as may have been prepared or accumulated by Consultant in performance of the Services, whether completed or in progress. 3.14.3 Effect of Termination F to be for the convenience of the Commissio Consultant for Services fully and adequate termination. Such payment shall include no amount shall be paid for anticipate shall provide documentation deemed a show the Services actually completed by termination. This Agreement terminate Termination. 3.14.4 Effect o cause, Consultant shag adequately complet provides the Noti work and prosecut Consultant shall be incurred ? Consu discr' needs to b not me the standar Agreemen fir, cause ma enter into future„agreement Parties provided in provided by law or undd' ompens ' pted b Termi ,•n. In e sa - F to com toJ- Comm k fo resided ated amoun " it on unperforme ate by Commissio rior to th -ffective date Lenience. If the termination is mission shall compensate h the effective date of rofit, if applicable, but rvices. Consultant epresentative to ective date of the Notice of . If the termination is for hick have been fully and the date the Commission e, th'- mmission may take over the on by contract or otherwise. Further, n for any reasonable additional costs ich the Commission has compensated ommission has determined in its sole art or w e, to complete the Project because it did stablished in Section 3.9. Termination of this consi d by the Commission in determining whether to ith Con ultant. 14.5 Q i ulative Remedies. The rights and remedies of the ion are in addition to any other rights and remedies "s Agreement. 3.14.6 Procurement of Similar Services. In the event this Agreement is terminated, in whole or in part, as provided by this Section, the Commission may procure, upon such terms and in such manner as it deems appropriate, services similar to those terminated. 3.14.7 Waivers. Consultant, in executing this Agreement, shall be deemed to have waived any and all claims for damages which may otherwise arise from the Commission's termination of this Agreement, for convenience or cause, as provided in this Section. B-6 219 3.15 Schedule and Progress of Services. 3.15.1 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, the Co sultant's submittals in a timely manner. Upon reque Consultant shall provide a more detailed schedul the Schedule of Services. sion shall respond to Con- ommission's Representative, icipated performance to meet 3.15.2 Modification of thet Schedule. sultant shall regularly report to the Commission, through correg ffi dence or progresorts, its progress in providing required Services within the sc duled time periods. mission shall be promptly informed of all anticipated delays. the t that Co ` ant determines that a schedule modification is e ssary, Cori all promptly mit a revised Schedule of Services for approv £� _s ommission=.resentative. 3.15.3 Trend with the Commission's Commission, on a standard day and discussions concer cost issues, and futu preparati• ; a 4" • ributi other - 4 • ees rYr tha Sub shall subnii indicate the Services. precedent t submitted. 3.154 progress red p ess achieu ion of o sec Vie, of oc sentativ �d c •. sis or a trend �erchedule, -•.fiectives' fee (3) nsultar all conduct trend meetings reste sties, as requested by the eduled by the Parties at a will �-�... pass focused and informal d current progress of Services, relevant onsultant shall be responsible for the o be received by the Commission and ys prior to the meeting. E?rogro�Reports. As part of its monthly invoice, Consultant , in orm determined by the Commission, which will during the previous month in relation to the Schedule of progress report by Consultant shall be a condition ent from the Commission for each monthly invoice 3.16 Delay in Performance. 3.16.1 Excusable Delays. Should Consultant be delayed or prevented from the timely performance of any act or Services required by the terms of the Agreement by reason of acts of God or of the public enemy, acts or omissions of the Commission or other governmental agencies in either their sovereign or contractual capacities, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes or unusually severe weather, performance of such act shall be excused for the period of such delay. B-7 220 3.16.2 Written Notice. If Consultant believes it is entitled to an extension of time due to conditions set forth in subsection 3.16.1, Consultant shall pro- vide written notice to the Commission within seven (7) working days from the time Consultant knows, or reasonably should have known, that performance of the Services will be delayed due to such conditions. Failure of Consultant to provide such timely notice shall constitute a waiver by Consultant of any right to an excusable delay in time of performance. 3.16.3 Mutual Agreement. Perform Agreement may be delayed upon mutual agreem,, agreement, Consultant's Schedule of Services sh Commission. Consultant shall take all rea completion, and additional costs, resulting fro 3.17 Status of Consultan onsultants. 3.17.1 Independent Con by Consultant or under its supe .n. Consu and details of performing the S= ubject Commission retains Consultant • a -pe employee, agent or representative perform similar or diff-,r, ervices additional personn-- g the Consultant shall time- under Consultant shall p- b wage salaries connection with their p m - • Servic be respoo ,` - .II re • h� `- • �.vons not limi es, Inc disabitt�y nsurance, a ork- ompens: inn Consultant Sections 1720 8, Section 1600 prevailing wage rat works" and "maintenar% e of any Services under this f the Parties. Upon such xtended as necessary by the eps to minimize delay in .sion. Services s ' be performed etermine the ` -ans, methods to requirements requirements of this Agreement. nden*�ntractor basis and not as an ission. _nsultant retains the right to the - of this Agreement. Any greement on behalf of tant's-iusive direction and control. other amounts due such personnel in nd as required by law. Consultant shall pecting such personnel, including but ithholdings, unemployment insurance, insurance. vailinnAlages. By its execution of this Agreement, aware-'equirems C et seq.of, asthe welrl as Califoentrnia of Code ofalifornia RegulationsLabor,Code Title revailing Wage Laws"), which require the payment of performance of other requirements on certain "public projects. The Services hereunder include construction surveying and other services that required the payment of prevailing wage rates. Therefore, Consultant agrees to fully comply with such Prevailing Wage Laws. Copies of the prevailing rate of per diem wages that are on file at the Commission's offices. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the Commission, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or B-8 • 221 " a l l e g e d f a i l u r e t o c o m p l y w i t h t h e P r e v a i l i n g W a g e L a w s . C e r t i f i e d P a y r o l l s a r e t o b e s u b m i t t e d w h e n e v e r r e q u i r e d b y P r e v a i l i n g W a g e l a w s . 3 . 1 7 . 3 A s s i g n m e n t o r T r a n s f e r . C o n s u l t a n t s h a l l n o t a s s i g n , h y p o t h e c a t e , o r t r a n s f e r , e i t h e r d i r e c t l y o r b y o p e r a t i o n o f l a w , t h i s A g r e e m e n t o r a n y i n t e r e s t h e r e i n , w i t h o u t t h e p r i o r w r i t t e n c o n s e n t o f t h e C o m m i s s i o n . A n y a t t e m p t t o d o s o s h a l l b e n u l l a n d v o i d , a n d a n y a s s i g n e e s , h y p o t h e c a t e s o r t r a n s f e r e e s s h a l l a c q u i r e n o r i g h t o r i n t e r e s t b y r e a s o n o f s u c h a t t e m p t e d a s s i g n m e n t , h y p o t h e c a t i o n o r t r a n s f e r . 3 . 1 7 . 4 S u b c o n t r a c t i n g . C o n s u p o r t i o n o f t h e w o r k o r S e r v i c e s r e q u i r e d b y t h i s A h e r e i n , w i t h o u t p r i o r w r i t t e n a p p r o v a l o f t h e C o r n f i r m a s a s u b c o n t r a c t o r w h i c h i s n o t s p i n A g r e e m e n t w a s a w a r d e d , p r i o r w r i t t e r o y a l C o m m i s s i o n . T h e S u b c o n t r a c t s , i f a n y , " c o n t a i n t o a l l p r o v i s i o n s s t i p u l a t e d i n t h i s A g r e e m e C o n s u l t a n t c o m p a n i e s / f i r m s t h a t w i l l b e s u f o r P r o j e c t d e l i v e r y . A l i s t o f s a i d 2 a n d m a d e a p a r t h e r e o f . T h e C o t h e S u b c o n s u l t a n t s i - _ - f _ e d i n E x r e p l a c e m e n t o f a n o b t a i n t h e C o m m i w h i c h e a c h S u b c o n r e i m b u r s e m e n t b y t h e E x h i b i t C ' . u � t s h a l l b u n l e s s a s p a , t a n t s u t i l i t a g I t a n t a p ' i p p r o v a i l l t h e C C o n s h i b i t " t h e m u s - a p r o v i s i s h a l l n o t s u b c o n t r a c t a n y n t , e x c e p t a s e x p r e s s l y s t a t e d C o n s u l t a n t w i s h e s t o u s e a c p o s a l u p o n w h i c h t h i s o b t a i n e d f r o m t h e a k i n g t h e m s u b j e c t p r o p o s a l , i d e t i f i e d c e r t a i n y C o n s u l t a n t ( " S u b c o n s u l t a n t s " ) [ l e d h e r e t o a s E x h i b i t " C " P a r t e s t h e u s e b y C o n s u l t a n t o f e v e n t a n d p r i o r t o t h e n s u l t a n t s h a l l s e e k a n d t " C ' ' 2 a l s o s e t s f o r t h t h e r a t e s a t R a n t f o r S e r v i c e s a n d t h a t a r e s u b j e c t t o t . A d d i t i o n a l D i r e c t C o s t s , a s d e f i n e d i n e C o n s u l t a n t a n d a l l s u b c o n s u l t a n t s , C o n k " n t a w l e d g e s t h a t a p p r o v a l o f C o n s u l t a n t ' s u t i l i z a t i o n o f t h e i d e n t i f i e d S u b c o n s u l t t o g e - I r e , w i t h t h e i n c o r p o r a t i o n o f S u b c o n s u l t a n t s ' r a t e s c h e d u l e s a n i o s t r o o s p p r i n t o t h i s A g r e e m e n t s h a l l i n n o w a y b e c o n s t r u e d t o c r e a t e a n y c o n t r e t u a l r e l a t i o t s h i p b e t w e e n a n y S u b c o n s u l t a n t a n d t h e C o m m i s s i o n . T h e S u b c o n s u l t a n t T a t e s c h e d u l e s a n d c o s t p r o p o s a l s c o n t a i n e d h e r e i n a r e f o r a c c o u n t i n g p u r p o s e S : g t l y k A h t h e e v e n t t h a t a n y S u b c o n s u l t a n t s h a l l b r i n g a n y a c t i o n , c l a i m o r p r o c e e d i n g p u r O r t i n g t o e n f o r c e a n y r i g h t p u r p o r t e d l y a r i s i n g u n d e r t h i s A g r e e m e n t , t h e C o n s u l t a n t s h a l l b e r e s p o n s i b l e f o r t h e C o m m i s s i o n ' s r e a s o n a b l e l e g a l f e e s w i t h o u t r e g a r d t o t h e m e r i t s o f a n y s u c h c l a i m . 3 . 1 8 O w n e r s h i p o f M a t e r i a l s / C o n f i d e n t i a l i t y . 3 . 1 8 . 1 D o c u m e n t s & D a t a . T h i s A g r e e m e n t c r e a t e s a n e x c l u s i v e a n d p e r p e t u a l l i c e n s e f o r C o m m i s s i o n t o c o p y , u s e , m o d i f y , r e u s e , o r s u b - l i c e n s e a n y a n d a l l c o p y r i g h t s a n d d e s i g n s e m b o d i e d i n p l a n s , s p e c i f i c a t i o n s , s t u d i e s , d r a w i n g s , e s t i m a t e s , m a t e r i a l s , d a t a a n d o t h e r d o c u m e n t s o r w o r k s o f a u t h o r s h i p f i x e d i n a n y t a n g i b l e m e d i u m o f e x p r e s s i o n , i n c l u d i n g b u t n o t l i m i t e d t o , p h y s i c a l d r a w i n g s o r d a t a B - 9 2 2 2 magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that Commission is granted an exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to grant the exclusive and perpetual license for all such Documents & Data. Consultant makes no such representation and warra regard to Documents & Data which were prepared by design professionals of n Consultant or provided to Consultant by the Commission. Commission shall no Documents & Data at any time, provide intended by this Agreement shall be at Co 3.18.2 Intell and retain all right, title and inte proprietary rights) in all plans, s data, computer programs or softw and any and all wore. authorsh including but not li recorded on com behalf of Consulta Property prepared or Intelle for wh Consultan separate w Property up Property �r in part b+ d whether� ri ssignmen on-st of Co r sical d tellect Agree car on be imited in a at any such use mission's sole risk. 1 Property, lauding co ,s, studii orce co tan ay in its use of the within the purposes ition, Commisn shall have lit, patent, trade secret and other rawings, estimates, materials, nhancements, documents, medium or expression, Magnetically or otherwise erty" )` dared or developed by or on as well as any other such Intellectual of Consultant under this Agreement. Co: ssion sf ave and retain all right, title and interest in ope.ymodified' tinder this Agreement whether or not paid mmi fin, whether or not developed in conjunction with not loped by Consultant. Consultant will execute f any and all rights to the above referenced Intellectual ission. shall also be responsible to obtain in writing separate written assignments frm,_ny subcontractors or agents of Consultant of any and all right to the above referenced Intellectual Property. Should Consultant, either during or following termination of this Agreement, desire to use any of the above -referenced Intellectual Property, it shall first obtain the written approval of the Commission. All materials and documents which were developed or prepared by the Consultant for general use prior to the execution of this Agreement and which are not the copyright of any other party or publicly available and any other computer applications, shall continue to be the property of the Consultant. However, unless otherwise identified and stated prior to execution of this Agreement, Consultant B-10 223 " r e p r e s e n t s a n d w a r r a n t s t h a t i t h a s t h e r i g h t t o g r a n t t h e e x c l u s i v e a n d p e r p e t u a l l i c e n s e f o r a l l s u c h I n t e l l e c t u a l P r o p e r t y a s p r o v i d e d h e r e i n . C o m m i s s i o n f u r t h e r i s g r a n t e d b y C o n s u l t a n t a n o n - e x c l u s i v e a n d p e r p e t u a l l i c e n s e t o c o p y , u s e , m o d i f y o r s u b - l i c e n s e a n y a n d a l l I n t e l l e c t u a l P r o p e r t y o t h e r w i s e o w n e d b y C o n s u l t a n t w h i c h i s t h e b a s i s o r f o u n d a t i o n f o r a n y d e r i v a t i v e , c o l l e c t i v e , i n s u r r e c t i o n a l , o r s u p p l e m e n t a l w o r k c r e a t e d u n d e r t h i s A g r e e m e n t . 3 . 1 8 . 3 C o n f i d e n t i a l i t y . A l l i d e a s , m p r o c e d u r e s , d r a w i n g s , d e s c r i p t i o n s , c o m p u t e r p r o g r i n f o r m a t i o n , a n d o t h e r D o c u m e n t s a n d D a t a C o n s u l t a n t i n c o n n e c t i o n w i t h t h e p e r f o r m a n c o n f i d e n t i a l b y C o n s u l t a n t . S u c h m a t e r i a l s s C o m m i s s i o n , b e u s e d b y C o n s u l t a n t f o r t h e S e r v i c e s . N o r s h a l l s u c h m a t e r i a c o n n e c t e d w i t h t h e p e r f o r m a n c e o f t h e C o n s u l t a n t w h i c h i s o t h e r w i s e k n o w n t o b e c o m e k n o w n , t o t h e r e l a t e d i s t r y s h a l l b n o t u s e C o m m i s s i o n ' s n a m e o p e r t a i n i n g t o t h e S e r v i c e s o r t h e t e l e v i s i o n o r r a d i o p r o d u c t i o n o r o f o f C o m m i s s i o n . i n d e m n i f y a n d h o r s v o l u n t e e r s a n d a g e n t s t h i s A g r t r a d e n ' a r a d . 6 c o n s e i s W i n c e o f t h e i n c l u d i n g c r m e t h o d , p ' ' 1 8 . 4 I n e C o a = _ a a n y � a l p t , w i t r p o s e s d i s c l o s e e s o r t h , p h o t o g e m e n t f i s s i o n , l e s s , I t a d i u m h o t h d t o a n i e P r o j e c t . i s g e n e r r a n d a , s p e c i f i c a t i o n s , p l a n s , a , i n p u t r e c o r d d a t a , w r i t t e n c r e a t e d b y o r p r o v i d e d t o A g r e e m e n t s h a l l b e h e l d e p r i o r w r i t t e n c o n s e n t o f n t h e p e r f o r m a n c e o f p e r s o n o r e n t i t y n o t , t h i n g f u r n i s h e d t o n o w n , o r h a s c o n f i d e n t i a l g " - n s u l t a n t s h a l l o f t h e P r o j e c t , o r a n y p u b l i c i t y i n e , t r a d e p a p e r . n e w s p a p e r , u t t h e p r i o r w r i t t e n c o n s e n t i f i c a f i " C o n s u l t a n t s h a l l d e f e n d , d i r e c t o r s , o f f i c i a l s , o f f i c e r s , e m p l o y e e s , u a n t t o t h e i n d e m n i f i c a t i o n p r o v i s i o n s o f f a n y p a t e n t , c o p y r i g h t , t r a d e s e c r e t , o t h e : " " n a r y r i g h t o f a n y p e r s o n o r e n t i t y i n P r o j e c t " . o m m i s s i o n o f t h e D o c u m e n t s & D a t a , . c t , o r c o n c e p t s p e c i f i e d o r d e p i c t e d . I n d e m n : t i o n . T o t h e f u l l e s t e x t e n t p e r m i t t e d b y l a w , C o n s u l t a n t s h a l l d e f e n d , 1 1 m n i f y " j h o l d C o m m i s s i o n , i t s d i r e c t o r s , o f f i c i a l s , o f f i c e r s , e m p l o y e e s , c o n s u s , v o ' 9 e e r s , a n d a g e n t s f r e e a n d h a r m l e s s f r o m a n y a n d a l l c l a i m s , d e m a n d s , c a a u c t i o n , c o s t s , e x p e n s e s , l i a b i l i t y , l o s s , d a m a g e o r i n j u r y , i n l a w o r e q u i t y , t o p r o p e r p e r s o n s , i n c l u d i n g w r o n g f u l d e a t h , i n a n y m a n n e r a r i s i n g o u t o f o r i n c i d e n t t o a l l e g e d n e g l i g e n t a c t s , o m i s s i o n s , o r w i l l f u l m i s c o n d u c t o f C o n s u l t a n t , i t s o f f i c i a l s , o f f i c e r s , e m p l o y e e s , a g e n t s , c o n s u l t a n t s , a n d c o n t r a c t o r s a r i s i n g o u t o f o r i n c o n n e c t i o n w i t h t h e p e r f o r m a n c e o f t h e S e r v i c e s , t h e P r o j e c t o r t h i s A g r e e m e n t , i n c l u d i n g w i t h o u t l i m i t a t i o n t h e p a y m e n t o f c o n s e q u e n t i a l d a m a g e s , e x p e r t w i t n e s s f e e s , a n d a t t o r n e y s f e e s a n d o t h e r r e l a t e d c o s t s a n d e x p e n s e s . C o n s u l t a n t s h a l l d e f e n d , a t C o n s u l t a n t ' s o w n c o s t , e x p e n s e a n d r i s k , a n y a n d a l l s u c h a f o r e s a i d s u i t s , a c t i o n s o r o t h e r l e g a l p r o c e e d i n g s o f e v e r y k i n d t h a t m a y b e b r o u g h t o r i n s t i t u t e d a g a i n s t C o m m i s s i o n , i t s d i r e c t o r s , o f f i c i a l s , o f f i c e r s , e m p l o y e e s , c o n s u l t a n t s , a g e n t s , o r v o l u n t e e r s . C o n s u l t a n t s h a l l p a y a n d s a t i s f y a n y j u d g m e n t , a w a r d o r d e c r e e t h a t m a y b e r e n d e r e d a g a i n s t C o m m i s s i o n o r i t s d i r e c t o r s , o f f i c i a l s , o f f i c e r s , e m p l o y e e s , B - 1 1 2 2 4 consultants, agents, or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse Commission and its directors, officials, officers, employees, consultants, agents, and/or volunteers, for any and all legal expenses and costs, including reasonable attorney's fees, incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Commission, its directors, officials officers, employees, consultants, agents, or volunteers. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent 2782.8, to claims that arise out of, pertain to, or rela or willful misconduct of the Consultant. Consul Section 3.19 shall survive expiration or terminati 3.20 Insurance. r red by Civil Code Section e negligence, recklessness, bligations as set forth in this reement. 3.20.1 Time for Compce. Consultant sha commence work under this Agreement until it has provided evr ice s �ctory to t mmission that it has secured all insurance req j d under thi In addition, sultant shall not allow any subcontractor to c� a work o subcontract until it has secured all insurance required under this s 3. procure and maint j injuries to person the performance ° o employees or subcon' procure insura int shall, at its expense, rance against claims for e from or in connection with Consultant, its agents, representatives, 1 also require all of its subcontractors to he duration of the Agreement. Such um levels of coverage: ) inimum Scope of Insurance. Coverage shall be at - III i least as br�Mrt^as the later .versio-ramf the following: (1) General Liability: Insurance Services Offs ` .ommercial neral Liability coverage (occurrence form CG 0001); (2) Automobile Lia Insuran�gServices Office Business Auto Coverage form number CA 0001, code ` �� . ny ��); and (3) if Consultant has employees, Workers' Compensation and '" Liability: Workers' Compensation insurance as required by the State of Californi'd Employer's Liability Insurance. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal and advertising injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by B-12 225 " " " t h e L a b o r C o d e o f t h e S t a t e o f C a l i f o r n i a . E m p l o y e r ' s L i a b i l i t y l i m i t s o f $ 1 , 0 0 0 , 0 0 0 p e r a c c i d e n t f o r b o d i l y i n j u r y o r d i s e a s e . 3 . 2 0 . 3 P r o f e s s i o n a l L i a b i l i t y . C o n s u l t a n t s h a l l p r o c u r e a n d m a i n t a i n , a n d r e q u i r e i t s s u b c o n s u l t a n t s t o p r o c u r e a n d m a i n t a i n , f o r a p e r i o d o f f i v e ( 5 ) y e a r s f o l l o w i n g c o m p l e t i o n o f t h e P r o j e c t , e r r o r s a n d o m i s s i o n s l i a b i l i t y i n s u r a n c e a p p r o p r i a t e t o t h e i r p r o f e s s i o n . S u c h i n s u r a n c e s h a l l b e i n a n a m o u n t n o t l e s s t h a n $ 2 , 0 0 0 , 0 0 0 p e r c l a i m . 3 . 2 0 . 4 A i r c r a f t L i a b i l i t y I n s u r a n c e ] o f a n y c i v i l a i r c r a f t t o p r o v i d e S e r v i c e s u n d e r t h i s a n d m a i n t a i n , o r c a u s e t o b e p r o c u r e d a n d m e q u i v a l e n t f o r m , w i t h a s i n g l e l i m i t o f n o t l e S u c h i n s u r a n c e s h a l l i n c l u d e c o v e r a g e f p a s s e n g e r s , a n d s h a l l n a m e , o r b e e n d o f f i c i a l s , o f f i c e r s , e m p l o y e e s , c o n s u l t a n r e s p e c t t o t h e S e r v i c e s o r o p e r a t i o n s p e r f o r m c o n t a i n t h e f o l i o a n $ 5 , e d , h i r e d a n t o n a m e , t h e C o d d a g e n t s a s a d d * o r c h = b e h a l f o f t h e 3 . 2 0 . 5 l n s u r . , i d o r s e m e ���% �� - I a n t s h i p a p p r o v e d b y t h e C o m m i s s i o n t o a d e n d o r s e d t o s t a t e : ( 1 ) a n d a g e n t s s h a l l b - , w e r e o p e r a t i o n s p e r f o r m e d " r e q u i p m e - , " i n c " b e p r i s r t a s r . e m p l = e x c e s s i n s u r a n c e a n d a g e n t s s l y t o c o n t r i b u t e w i t a n y w i n s s a n d a g e e C o n s u l t a r � t a i n e d b y � - b e e x c e s s p r o v i s ' r t o t h e d i r e c t o r i n d i r e c t u s e e n t , C o n s u l t a n t s h a l l p r o c u r e i r c r a f t l i a b i l i t y i n s u r a n c e o r 0 0 p e r e a c h o c c u r r e n c e . o n - o w n e d a i r c r a f t a n d i s s i o n , i t s d i r e c t o r s , a l i n s u r e d s w i t h n s u l t a n t . T h e i n s u r a n c e p o l i c i e s s h a l l n v i d e e n d o r s e m e n t s o n f o r m s t o t h e i n s u r a n c e p o l i c i e s : G e n e a _ L i a e n r e ! l i a b i l i t y p o l i c y s h a l l b e o m m i s d i r e c o f f i c i a l s , o f f i c e r s , e m p l o y e e s a d d i t i o n s u r e d s w i t h r e s p e c t t o t h e S e r v i c e s o r I f o f t c o n s u l t a n t , i n c l u d i n g m a t e r i a l s , p a r t s o r a n d ( 2 ) t h e i n s u r a n c e c o v e r a g e s h a l l s s i o n , i t s d i r e c t o r s , o f f i c i a l s , o f f i c e r s , s s , s h a i t a n d i n a n u n b r o k e n c h a i n o f c o v e r a g e s c h e ' d u n d e r l y i n g c o v e r a g e . A n y i n s u r a n c e o r s e l f - C o m i o n , i t s d i r e c t o r s , o f f i c i a l s , o f f i c e r s , e m p l o y e e s t h e C o n s u l t a n t ' s i n s u r a n c e a n d s h a l l n o t b e c a l l e d u p o n A u t o m o b i l e L i a b i l i t y . T h e a u t o m o b i l e l i a b i l i t y p o l i c y s h a l l b e e n d o r s e d t o t h a t : ( 1 ) t h e C o m m i s s i o n , i t s d i r e c t o r s , o f f i c i a l s , o f f i c e r s , e m p l o y e e s a n d a g e n t s s h a l l b e c o v e r e d a s a d d i t i o n a l i n s u r e d s w i t h r e s p e c t t o t h e o w n e r s h i p , o p e r a t i o n , m a i n t e n a n c e , u s e , l o a d i n g o r u n l o a d i n g o f a n y a u t o o w n e d , l e a s e d , h i r e d o r b o r r o w e d b y t h e C o n s u l t a n t o r f o r w h i c h t h e C o n s u l t a n t i s r e s p o n s i b l e ; a n d ( 2 ) t h e i n s u r a n c e c o v e r a g e s h a l l b e p r i m a r y i n s u r a n c e a s r e s p e c t s t h e C o m m i s s i o n , i t s d i r e c t o r s , o f f i c i a l s , o f f i c e r s , e m p l o y e e s a n d a g e n t s , o r i f e x c e s s , s h a l l s t a n d i n a n u n b r o k e n c h a i n o f c o v e r a g e e x c e s s o f t h e C o n s u l t a n t ' s s c h e d u l e d u n d e r l y i n g c o v e r a g e . A n y i n s u r a n c e o r s e l f - i n s u r a n c e m a i n t a i n e d b y t h e C o m m i s s i o n , i t s d i r e c t o r s , o f f i c i a l s , o f f i c e r s , e m p l o y e e s a n d a g e n t s s h a l l b e e x c e s s o f t h e C o n s u l t a n t ' s i n s u r a n c e a n d s h a l l n o t b e c a l l e d u p o n t o c o n t r i b u t e w i t h i t i n a n y w a y . B - 1 3 2 2 6 (C) Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the Commission, its directors, officials, officers, employees and agents for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided or canceled except after thirty (30) days prior return receipt requested, has been given to the C comply with reporting or other provisions of warranties, shall not affect coverage provided to officers, employees and agents. ten notice by certified mail, sion; and (B) any failure to icies, including breaches of ssion, its directors, officials, 3.20.6 Deductibles a "=If -Insurance Ret ns. Any deductibles or self -insured retentions must be declare • . nd approved by t mmission. If the Commission does not approve the deductib = sel :; red reten as presented, Consultant shall guarantee that, shall reduce or eliminate such Commission, its directors, offic Consultant shall procure a bon investigation costs, cld admin Az n 10.7 insurance required this provisions. In additiori ch scope o emplo insurers wi California, a e option o es or rs, ion sha ce sh mission, eithe°" 1) the insurer ured retentions as respects the es and agents; or (2) the nt of losses and related enses. reds. Special Limitations. All ontain standard separation of insureds of contain any special limitations on the ion, its directors, officials, officers, t.acce` m:'tity of Insurers. Insurance is to be placed with est's yg no less than A:VIII, licensed to do business in e Com fission. fication of Coverage. Consultant shall furnish Commission with orimates of insurance and endorsements effecting coverage required by this Agree s -� on forms satisfactory to the Commission. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by the Commission before work commences. The Commission reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.20.10 Other Insurance. At its option, the Commission may require such additional coverage(s), limits and/or the reduction of deductibles or retentions it considers reasonable and prudent based upon risk factors that may directly or indirectly impact the Project. In retaining this option Commission does not warrant Consultant's B-14 227 " " i n s u r a n c e p r o g r a m t o b e a d e q u a t e . C o n s u l t a n t s h a l l h a v e t h e r i g h t t o p u r c h a s e i n s u r a n c e i n a d d i t i o n t o t h e i n s u r a n c e r e q u i r e d i n t h i s S e c t i o n . 3 . 2 1 S a f e t y . C o n s u l t a n t s h a l l e x e c u t e a n d m a i n t a i n i t s w o r k s o a s t o a v o i d i n j u r y o r d a m a g e t o a n y p e r s o n o r p r o p e r t y . I n c a r r y i n g o u t i t s S e r v i c e s , t h e C o n s u l t a n t s h a l l a t a l l t i m e s b e i n c o m p l i a n c e w i t h a l l a p p l i c a b l e l o c a l , s t a t e a n d f e d e r a l l a w s , r u l e s a n d r e g u l a t i o n s , a n d s h a l l e x e r c i s e a l l n e c e s s a r y p r e c a u t i o n s f o r t h e s a f e t y o f e m p l o y e e s a p p r o p r i a t e t o t h e n a t u r e o f t h e w o r k a n d t h e c o n d i t i o n s u n d e r w h i c h t h e w o r k i s t o b e p e r f o r m e d . S a f e t y p r e c a u t i o n s a s a p p l i c a " = ' $ a l l i n c l u d e , b u t s h a l l n o t b e l i m i t e d t o : ( A ) a d e q u a t e l i f e p r o t e c t i o n a n d l i f e s a v e , . _ - " t t i p m e n t a n d p r o c e d u r e s ; ( B ) 4 �� i n s t r u c t i o n s i n a c c i d e n t p r e v e n t i o n f o r a l l e m p l o y e , s , r " s u b c o n t r a c t o r s , s u c h a s s a f e w a l k w a y s , s c a f f o l d s , f a l l p r o t e c t i o n l a d d e r s , n g p l a n k s , c o n f i n e d s p a c e p r o c e d u r e s , t r e n c h i n g a n d s h o r i n g , e q u i p m e n b o t h e r s d e v i c e s , e q u i p m e n t a n d w e a r i n g a p p a r e l a s a r e n e c e s s a r y o r l a w f q u i r e d t o p r . t a c c i d e n t s o r i n j u r i e s ; a n d ( C ) a d e q u a t e f a c i l i t i e s f o r t h e p r o 4 n s p e c t i o n a n d m n a n c e o f a l l s a f e t y m e a s u r e s . 3 . 2 2 F e e s a n d P n t . r , , i y r i n c l u d i n g a u t h o r i z e d r e i m b u r s e m e n t f t o r t h e r a t e s s e t f o r t h i n E x l l t Y " C " a t t a d r e d h e r e T h e T o t a l C o m e n p �� - a o n t I a s i s e t f o r t h i n E x h i b i t a n d i s o e x c e m o n t h l y r e n d e r s u p p l s u b s e q s p e c i f i c t o o n a n a t t a m o n t h l y p r e a c h m o n t h b e a r i n g a c e r t i f i c a t i o n , P r o j e c t M a n a g e r o r o t h e r . 3 . 2 2 . 1 C o m p e a t t o �� < _ C o n s u l t ���� s h a l l r e c e i v e c o m p e n s a t i o n , i c e s r e ' ' - g y r e d u n d e r t h i s A g r e e m e n t a t 3 . a t e m o t . r o v i d e d s i - " ��b t h e b i l l i n g p e r i o a h M i l e s t o n e c h t t o e a c h { H o g r e s ' s p o r t a n c a n d t 7 t o t a l P a t e d h e r e i n b y r e f e r e n c e . l u s a f i x e d f e e a s f u r t h e r g E R T ` A R A M O U N T ] . o f C o ' ' - n s a t i o n . C o n s u l t a n t s h a l l s u b m i t a r k c o m p l e t e d a n d h o u r s o f S e r v i c e s s t a t e m e ' d e s c r i b e t h e a m o u n t o f S e r v i c e s a n d I c o m m e n t e m e n t d a t e , o r s i n c e t h e s t a r t o f t h e s a p ? h a t e , t h r o u g h t h e d a t e o f t h e S t a t e m e n t . C h a r g e s e d i n ` I e S c h e d u l e o f S e r v i c e s s h a l l b e l i s t e d s e p a r a t e l y t e m e n t . E a c h s t a t e m e n t s h a l l b e a c c o m p a n i e d b y a r e a d s h e e t s s h o w i n g h o u r s e x p e n d e d f o r e a c h t a s k f o r c t t o d a t e . E a c h s t a t e m e n t s h a l l i n c l u d e a c o v e r s h e e t e a c c u r a c y o f t h e s t a t e m e n t s i g n e d b y t h e C o n s u l t a n t ' s t h o r i z e d o f f i c e r . t e s 3 . 2 2 . 3 A d d i t i o n a l W o r k . A n y w o r k o r a c t i v i t i e s t h a t a r e i n a d d i t i o n t o , o r o t h e r w i s e o u t s i d e o f , t h e S e r v i c e s t o b e p e r f o r m e d p u r s u a n t t o t h i s A g r e e m e n t s h a l l o n l y b e p e r f o r m e d p u r s u a n t t o a s e p a r a t e a g r e e m e n t b e t w e e n t h e p a r t i e s . N o t w i t h s t a n d i n g t h e f o r e g o i n g , t h e C o m m i s s i o n ' s E x e c u t i v e D i r e c t o r m a y m a k e a c h a n g e t o t h e A g r e e m e n t , o t h e r t h a n a C a r d i n a l C h a n g e . F o r p u r p o s e s o f t h i s A g r e e m e n t , a C a r d i n a l C h a n g e i s a c h a n g e w h i c h i s " o u t s i d e t h e s c o p e " o f t h e A g r e e m e n t ; i n o t h e r w o r d s , w o r k w h i c h s h o u l d n o t b e r e g a r d e d a s h a v i n g b e e n f a i r l y a n d r e a s o n a b l y w i t h i n t h e c o n t e m p l a t i o n o f t h e p a r t i e s w h e n t h e A g r e e m e n t w a s e n t e r e d i n t o . A n e x a m p l e o f a c h a n g e w h i c h i s n o t a C a r d i n a l C h a n g e w o u l d b e w h e r e , B - 1 5 2 2 8 in a contract to construct a building there are many changes in the materials used, but the size and layout of the building remains the same. (a) In addition to the changes authorized above, a modification which is signed by Consultant and the Commission's Executive Director, other than a Cardinal Change, may be made in order to: (1) make a negotiated equitable adjustment to the Agreement price, delivery schedule and other terms resulting from the issuance of a Change Order, (2) reflect definitive letter contracts, and (3) reflect other agreements of the parties modifying terms of this Agreement ("Bilateral Contract Modification"). (b) Consultant shall any change, without written authorization fro set forth herein. In the event such a cha the Commission's Executive Director, Co 3.22.4 Reimbursement , nor be compensated for Comm n's Executive Director as thorization r issued and signed by nt shall not prove ch change. reimbursed for any expenses ess autho Representative. 3.23 Prohibited Inter not employed nor working solely for warrants that it has no a bona fio-1 .ee w broker makir shall ha member, office with the Commis present or anticipate shall not be the:Commission's tairr° and warrants that it has son, •z- than a bona fide employee ure this Agreement. Further, Consultant pay any company or person, other than nt, any fee, commission, percentage, ideratrnt upon or resulting from the award or reach oolation of this warranty, the Commission �eement without liability. flict of interest. For the term of this Agreement, no the Commission, during the term of his or her service e any direct interest in this Agreement, or obtain any benefit arising therefrom. 3.23.3 Conflict of Employment. Employment by the Consultant of personnel currently on the payroll of the Commission shall not be permitted in the performance of this Agreement, even though such employment may occur outside of the employee's regular working hours or on weekends, holidays or vacation time. Further, the employment by the Consultant of personnel who have been on the Commission payroll within one year prior to the date of execution of this Agreement, where this employment is caused by and or dependent upon the Consultant securing this or related Agreements with the Commission, is prohibited. B-16 229 0 or he a� nt, , or fe ther tha urpose ncy, 3.23.4 Covenant Against Contingent Fees. As required in connection with Proposition 1 B funding, the Consultant warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this Agreement, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Commission shall have the right to terminate this Agreement without liability pursuant to Section 3.14, or is discretion to deduct from a the Agreement price or consideration, or otherwise r-; . the full amount of such fee, commission, percentage, brokerage fee, gift, or co. t fee. 3.23.5 Covenant Against Federal Funds for Lobbying. The Con knowledge and belief no state, federal paid, or will be paid by or on behalf of the influencing or attempting to influence an o agency; a Member of the State -- • islature employee of the Legislature oess; egiclature or Congress, in cnnne ;= - grant, loan, or cooperative agre amendment, or modif.of any s agreement. a) or will be paid to any p" officer o= emplo Con a r; this A® = G Standar• , attached it ment, the orm-LLL, " ctions. of ,y fun y n f or a �_- ulta .losure nditur= Local Agency, State or certifies th'. the best of his/ her al agency appro d funds have been sultant to any per . or the purpose of oyee of a-tate or federal tates Congre - an officer or employee of a Member of the any state or federal contract, e ex d _ ontr on, continuation, renewal, rant, loan, or cooperative deral appropriated funds have been paid, influencing or attempting to influence an Member of Congress; an officer or mploye mber of Congress; in connection with hall co le and submit the attached Exhibit "F", rm to Report Lobbying," in accordance with the bThe Cons tant's certification provided in this section is a material representation of fdct upon hich reliance was placed when this Agreement was entered into, and is a pfr isite for entering into this Agreement pursuant to Section 1352, Title 31, US. CodecFailure to comply with the restrictions on expenditures, or the disclosure and certification requirements set forth in Section 1352, Title 31, US. Code may result in a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. c) The Consultant also agrees by signing this Agreement that he/she shall require that the Language set forth in this Section 3.23.5 be included in all Consultant subcontracts which exceed $100,000, and that all such subcontractors shall certify and disclose accordingly. B-17 230 3.23.6 Employment Adverse to the Commission. Consultant shall notify the Commission, and shall obtain the Commission's written consent, prior to accepting work to assist with or participate in a third -party lawsuit or other legal or administrative proceeding against the Commission during the term of this Agreement. 3.24 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred and fees charged under this Agreement. As required in connection with Proposition 1 B funding, the Federal Acquisition Regulations in Title 48, CFR 31 regarding allowable elements of cost. All such record£ accounting system of Consultant and each sub Generally Accepted Accounting Principles representative of the Commission, the State,e Califon authorized representative of the State dun • rmal busine and make transcripts or copies of any a it ledgers and bo vouchers, canceled checks, and any oth cords or documen this Agreement. All such information shall bi.'taineConsulta (3) years following termination k is Agree •lowing final contract accounts with Caltrans may microfilmed at the option for said three (3) year period a Consultant and each .g,•nsultant employment adve and records by th other agency of the investigation to asce project cs� ch subse 49 C through within thi writing be withhold # future to Far e of C' Part 18, a 7Commissio 0) days twe` the P •w` en of ®' artier is du r this Agre 11 be the governing factors 11 be clearly identifiable. The nt under it shall conform to Consultant shall allow a tate Auditor or any duly urs to examine, audit, f account, invoices, ated pursuant to r at least three ement of the t, such records and documents mission,t in any event shall be retained ng of final voucher by Caltrans. ess records of employment, mploy a•P( ttorms, and other pertinent data ploym ctices :'Housing Commission, or any ornia de •' ated by the State, for the purpose of any with.•osition 1B funding requirements. Any 'ved payment that are determined by ble 225, 48CFR, Chapter 1, Part 31 or repaym by the Consultant to the State by and Consultant fail to repay moneys due to the State and, or_ within such other period as may be agreed in ereto, the Commission is authorized to intercept and e Consultant hereunder. 3.25 rn• t ortunity Employment. Consultant represents that it is an equal opportunity emp and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 3.26 Right to Employ Other Consultants. Commission reserves the right to employ other consultants in connection with the Project. Consultant shall cooperate fully with any other consultant engaged by the Commission on the Project. B-18 231 " " 3 . 2 7 G o v e r n i n g L a w . T h i s A g r e e m e n t s h a l l b e g o v e r n e d b y a n d c o n s t r u e d w i t h t h e l a w s o f t h e S t a t e o f C a l i f o r n i a . V e n u e s h a l l b e i n R i v e r s i d e C o u n t y . 3 . 2 8 A t t o r n e y s ' F e e s . I f e i t h e r p a r t y c o m m e n c e s a n a c t i o n a g a i n s t t h e o t h e r p a r t y , e i t h e r l e g a l , a d m i n i s t r a t i v e o r o t h e r w i s e , a r i s i n g o u t o f o r i n c o n n e c t i o n w i t h t h i s A g r e e m e n t , t h e p r e v a i l i n g p a r t y i n s u c h l i t i g a t i o n s h a l l b e e n t i t l e d t o h a v e a n d r e c o v e r f r o m t h e l o s i n g p a r t y r e a s o n a b l e a t t o r n e y s ' f e e s a n d , a l l o t h e r c o s t s o f s u c h a c t i o n s . 3 . 2 9 T i m e o f E s s e n c e . T i m e i s o f e s s e n c e f o r e a c h a n d e v e r y p r o v i s i o n o f t h i s A g r e e m e n t . 3 . 3 0 H e a d i n g s . A r t i c l e a n d m a r g i n a l h e a d i n g s c o n t a i n e d i n t h i s A g r e e n o e f f e c t i n t h e c o n s t r u c t i o n o r i n t e r p r e t a 3 . 3 1 N o t i c e s . A l l n o t i c e s p e . s h a l l b e g i v e n t o t h e r e s p e c t i a r t i e s a t t a d d r e s s a s t h e r e s p e c t i v e p a r t i e _ , o v i d e i n n H e a r e f o r c o n v e a n y p r o v i s i o n h C O N S U L T A N T : A t t n : u c ' m a i l e d j . I t y - e i g h t ( 4 a n d a d d r e s s e d t o t h e p a d e q u a t e n o t i c e o n t h e s e r v i c e . I O N : i d e , r � m y T L l ' e f C o m m i s s i o n 8 0 L e i S t r e e t , 3 ` d F l o o r R i v e r s i d e , C A 9 2 5 0 1 t t n : E x e c u t i v e D i r e c t o r , p a r a g r a p h c a p t i o n s o r c e o n l y a n d s h a l l h a v e u i r e d u n n g a d d r e s s , f o r t h i s p u r p o s e h i s A g r e e m e n t f a t s u c h o t h e r b e d e = e w h e n p e r s o n a l l y d e l i v e r e d o r w h e n d e p o s i t T h e U . S . m a i l , f i r s t c l a s s p o s t a g e p r e p a i d , D l i c a b l e a d d r e s s . A c t u a l n o t i c e s h a l l b e d e e m e d I ' i p o t i c e o c c u r r e d , r e g a r d l e s s o f t h e m e t h o d o f 3 . 3 2 o n f l i c t i P r o v i s i o n s . I n t h e e v e n t t h a t p r o v i s i o n s o f a n y a t t a c h e d e x h i b i t s c o n f l i c t i n a n ' t h e p r o v i s i o n s s e t f o r t h i n t h i s A g r e e m e n t , t h e l a n g u a g e , t e r m s a n d c o n d i t i o n s ` ' ��' @ ��= - w i n e d i n t h i s A g r e e m e n t s h a l l c o n t r o l t h e a c t i o n s a n d o b l i g a t i o n s o f t h e P a r t i e s a n d t h e i n t e r p r e t a t i o n o f t h e P a r t i e s ' u n d e r s t a n d i n g c o n c e r n i n g t h e p e r f o r m a n c e o f t h e S e r v i c e s . 3 . 3 3 A m e n d m e n t o r M o d i f i c a t i o n . N o s u p p l e m e n t , m o d i f i c a t i o n , o r a m e n d m e n t o f t h i s A g r e e m e n t s h a l l b e b i n d i n g u n l e s s e x e c u t e d i n w r i t i n g a n d s i g n e d b y b o t h P a r t i e s . 3 . 3 4 E n t i r e A g r e e m e n t . T h i s A g r e e m e n t c o n t a i n s t h e e n t i r e a g r e e m e n t o f t h e P a r t i e s r e l a t i n g t o t h e s u b j e c t m a t t e r h e r e o f a n d s u p e r s e d e s a l l p r i o r n e g o t i a t i o n s , a g r e e m e n t s o r u n d e r s t a n d i n g s . B - 1 9 2 3 2 3.35 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.36 Provisions Applicable When Proposition 1B Funds Are Involved. When funding for the Services provided by this Agreement are provided, in whole or in part, from Proposition 1 B funds, Consultant shall fully and adequately comply with the provisions included in Exhibit "D" (Proposition 1 B Re • ents) attached hereto and incorporated herein by reference. 3.37 No Waiver. Failure of Com upon strict compliance with any of the terms, y be deemed a waiver of such term, cov relinquishment of any rights or powers deemed a waiver or relinquishment of s times. G' 3.38 Survival. At are to be performed after any ex any such expiration or termination. 3.39 that it is requir under comply each of which s insist on any one occasion vnants• •nditions hereof shall not or conditio , •r shall any waiver or nder at any one - or more times be ,other right or powe ny other time or and oblig a terminal s hereunder that by their nature f this Agreement shall survive tion as$' ;by the - ''es. no intended third party � beneficiaries of a ion. By itsesignature hereunder, Consultant certifies tion 60 of the California Labor Code which sured ,e t ikAility for Workers' Compensation or to ance wi °the provisions of that Code, and agrees to ommencing the performance of the Services. irts. This Agreement may be signed in counterparts, original. 3.42 bp : "'`s or Court Orders. Should Consultant receive a ado.. � subpoena or court ordelated to this Agreement, the Services or the Project, Consultant shall immediately provide written notice of the subpoena or court order to the Commission. Consultant shall not respond to any such subpoena or court order until notice to the Commission is provided as required herein, and shall cooperate with the Commission in responding to the subpoena or court order. 3.43 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties, and shall not be assigned by Consultant without the prior written consent of Commission. B-20 233 " " 3 . 4 4 E i g h t - H o u r L a w . P u r s u a n t t o t h e p r o v i s i o n s o f t h e C a l i f o r n i a L a b o r C o d e , e i g h t h o u r s o f l a b o r s h a l l c o n s t i t u t e a l e g a l d a y ' s w o r k , a n d t h e t i m e o f s e r v i c e o f a n y w o r k e r e m p l o y e d o n t h e w o r k s h a l l b e l i m i t e d a n d r e s t r i c t e d t o e i g h t h o u r s d u r i n g a n y o n e c a l e n d a r d a y , a n d f o r t y h o u r s i n a n y o n e c a l e n d a r w e e k , e x c e p t w h e n p a y m e n t f o r o v e r t i m e i s m a d e a t n o t l e s s t h a n o n e a n d o n e - h a l f t h e b a s i c r a t e f o r a l l h o u r s w o r k e d i n e x c e s s o f e i g h t h o u r s p e r d a y ( " E i g h t - H o u r L a w " ) , u n l e s s C o n s u l t a n t o r t h e S e r v i c e s a r e n o t s u b j e c t t o t h e E i g h t - H o u r L a w . C o n s u l t a n t s h a l l f o r f e i t t o C o m m i s s i o n a s a p e n a l t y , $ 5 0 . 0 0 f o r e a c h w o r k e r e m p l o y e d i n t h e e x e c u t i o n o f t h i s A g r e e m e n t b y h i m , o r b y a n y s u b - c o n s u l t a n t u n d e r h i m , f o r e a c h c w o r k m a n i s r e q u i r e d o r p e r m i t t e d t o w o r k m o r e t h a a n d f o r t y h o u r s i n a n y o n e c a l e n d a r w e e k w i t h ( ) v i o l a t i o n o f t h e p r o v i s i o n s o f t h e C a l i f o r n i a L S e r v i c e s a r e n o t s u b j e c t t o t h e E i g h t - H o u r L a a c c o r d a n c e w i t 3 . 4 5 E m p l o y m e n t o f A p p r e s . T h i s e m p l o y m e n t o f p r o p e r l y i n d e n t u r e d a p p r e s i n C o d e , a n d n o e m p l o y e r o r l a b o r u n i o n s 1 r e f u s r m e d h e r e u n e m p l o y e e s a s i n d e n t u r e d a p p r e , g r o u n d o f r a c e , c r e e d , n a t i o n a l s h a l l b e p a i d t h e s t a n d a r d w a g e p t r a d e i n w h i c h h e o r s h e i s e m p l o y e w h i c h h e o r s h e i s r e g I f C r n i a C o n s u l t a n t a n d s u a p p r e n t i c e a b l e c r a f t o a p p l i c a b l f o r e m p l o ��y �� ��Y r ` a . b a n a n d a u c o n s u l t w e l l a s 4 ' i b u t e t o t h t r a d e i n t h e , a o f t h e w o g T w i t h p r o v i s i o n s o C a l i f o r n i a L a b o r C o a o d e r d a y d u r i n g w h i c h s u c h t h o u r s i n a n y c a l e n d a r d a y c h c o m p e n s a t i o n f o r o v e r t i m e u n l e s s C o n s u l t a n t o r t h e A g r e e r r i t , s h a l l n o t p r e v e n t t h e a C a l i f o r n i a L a b o r o a c c e p t o f ��e r w i s e q u a l i f i e d a p e r . s o l e l y o n t h e r s e x . E v e r y q u a l i f i e d a p p r e n t i c e p i e r t h e r e g u l a t i o n s o f t h e c r a f t o r t c t l o n l y i n t h e c r a f t o r t r a d e t o o n 1 7 a p p l i e s t o t h e S e r v i c e s , n d e r w h o e m p l o y s w o r k e r s i n a n y i n t a p p r e n t i c e s h i p c o u n c i l a d m i n i s t e r i n g o n s u l t a n t o r a n y s u b - c o n s u l t a n t f o r t h e r e n t i c s s u a n c e o f t h i s c e r t i f i c a t e , C o n s u l t a n t y t h e n b i e r o f a p p r e n t i c e s p r o v i d e d f o r t h e r e i n , a s d t o a t l i e n i s t e r t h e a p p r e n t i c e s h i p p r o g r a m i n e a c h c r a f t o r e r e u s o n t h e c e s t r y , c c ) e n t i c e s C o d c t o r h p l y t o o v e n t s s l y u n d e r s t a n d t h a t t h e r e s p o n s i b i l i t y f o r c o m p l i a n c e a n d w i t h S e c t i o n s 1 7 7 7 . 5 , 1 7 7 7 . 6 a n d 1 7 7 7 . 7 o f t h e d t o a l l a p p r e n t i c e a b l e o c c u p a t i o n s l i e s w i t h C o n s u l t a n t . 3 . 4 6 I n c o r p o r a t i o n o f R e c i t a l s . T h e r e c i t a l s s e t f o r t h a b o v e a r e t r u e a n d c o r r e c t a n d a r e i n c o r p o r a t e d i n t o t h i s A g r e e m e n t a s t h o u g h f u l l y s e t f o r t h h e r e i n . 3 . 4 7 A u t h o r i t y t o E n t e r A g r e e m e n t . C o n s u l t a n t h a s a l l r e q u i s i t e p o w e r a n d a u t h o r i t y t o c o n d u c t i t s b u s i n e s s a n d t o e x e c u t e , d e l i v e r , a n d p e r f o r m t h e A g r e e m e n t . E a c h P a r t y w a r r a n t s t h a t t h e i n d i v i d u a l s w h o h a v e s i g n e d t h i s A g r e e m e n t h a v e t h e l e g a l p o w e r , r i g h t , a n d a u t h o r i t y t o m a k e t h i s A g r e e m e n t a n d b i n d e a c h r e s p e c t i v e P a r t y . B - 2 1 2 3 4 [SIGNATURES ON FOLLOWING PAGE] B-22 235 " a b o v e . S I G N A T U R E P A G E T O P R O F E S S I O N A L S E R V I C E S A G R E E M E N T W I T H P R O P O S I T I O N 1 B A S S I S T A N C E I N W I T N E S S W H E R E O F , t h i s A g r e e m e n t w a s e x e c u t e d o n t h e d a t e f i r s t w r i t t e n R I V E R S I D E C O U N T Y C O N S U L T A N T T R A N S P O R T A T I O N C O M M I S S I O N B y : " M a r i o n A s h l e y C h a i r A p p r o v e B y : " B e s G e n e r B - 2 3 S i g n " N a m e S e c r e t a r y 2 3 6 17336.00603\8581981.2 EXHIBIT "A" SCOPE OF SERVICES [ INSERT ] Exhibit A 237 " 1 7 3 3 6 . 0 0 6 0 3 \ 8 5 8 1 9 8 1 . 2 E X H I B I T " B " S C H E D U L E O F S E R V I C E S E x h i b i t B 2 3 8 " E X H I B I T " C " C O M P E N S A T I O N A N D P A Y M E N T F o r t h e s a t i s f a c t o r y p e r f o r m a n c e a n d c o m p l e t i o n o f t h e S e r v i c e s u n d e r t h i s A g r e e m e n t , t h e C o m m i s s i o n w i l l p a y t h e C o n s u l t a n t c o m p e n s a t i o n a s s e t f o r t h h e r e i n . 1 . E L E M E N T S O F C O M P E N S A T I O N . C o m p e n s a t i o n f o r t h e S e r v i c e s w i l l b e c o m - t h e f o l l o w i n g e l e m e n t s : 1 . 1 D i r e c t L a b o r C o s t s ; 1 . 2 F i x e d F e e ; a n d ����� + d i t i " �� d r i r e c t C o s t s . 1 . 1 D I R E C T L A B O R C O S T S . D i r e c t L a b o r c o s t s s h a l l b e p a n a n t e q u a l ` e p r o d u c t o f t h e D i r e c t S a l a r y C o s t s a n d t h e M u l t w r e d e f i n e d ( l o w s : 1 . 1 . 1 D I R E C T S A L A D i r e c t S a l a C o n s u l t s u n d e p e r s a f 2 M u 1 7 3 3 6 . 0 0 6 0 3 \ 8 5 8 1 9 8 1 . 2 w a g e s a c t u a l l y p a i d t o t h e r m a n c e o f t h e S e r v i c e s a t e s p a i d t o t h e C o n s u l t a n t ' s D i r e c t S a l a r y C o s t s t o d e t e r m i n e t h e , a n d i s t h e s u m o f t h e D i r e c t S a l a r y C o s t s P a y r o l l A d d i t i v e s T h e ' e c i m a l r a t i o o f P a y r o l l A d d i t i v e s t o D i r e c t S a l a r y C o s t s . P a y r o l l A d d i t i v e s i n c l u d e a l l e m p l o y e e b e n e f i t s , a l l o w a n c e s f o r v a c a t i o n , s i c k l e a v e , a n d h o l i d a y s , a n d c o m p a n y p o r t i o n o f e m p l o y e e i n s u r a n c e a n d s o c i a l a n d r e t i r e m e n t b e n e f i t s , a l l f e d e r a l a n d s t a t e p a y r o l l t a x e s , p r e m i u m s f o r i n s u r a n c e w h i c h a r e m e a s u r e d b y p a y r o l l c o s t s , a n d o t h e r c o n t r i b u t i o n s a n d b e n e f i t s i m p o s e d b y a p p l i c a b l e l a w s a n d r e g u l a t i o n s . E x h i b i t C - 1 2 3 9 1.1.2.3 Overhead Costs The decimal ratio of allowable Overhead Costs to the Consultant firm's total direct salary costs. Allowable Overhead Costs include general, administrative and overhead costs of maintaining and operating established offices, and consistent with established firm policies, and as defined in the Federal Acquisitions Regulations, Part 31.2. Total Multiplier (sum o .2.1, ° 2.2, and 1.1.2.3) 1.2 Fixed Fee. A Fixed Fee of sh:' paid to Consultant for Consultant's complete an 4tisfacto erforman m this Agreement and all Services required hereurid0 C ssion shal b the Fixed Fee in monthly install based u b percentage • the Services completed at the of each billin -iod, as determined in the sole discretion of the Co f is 1 Repres° r tive, or his or her designee. Consultant shall not be title d sha eit any portion of the Fixed Fee not as provi�herei a 4, 1.3 DITIoNA Ca Trave Comput Photocopies Blueline LD Telephone Fax Photographs es RSEMENT RATE insert charges ] $ /day $ /mile $ /trip $ /hour $ /copy $ /sheet $ /call $ /sheet $ /sheet Travel by air and travel in excess of 100 miles from the Consultant's office nearest to the Commission's office must have the Commission's prior written approval to be reimbursed under this Agreement. 2. DIRECT SALARY RATES 17336.00603\8581981.2 Exhibit C-2 240 " " " D i r e c t S a l a r y R a t e s , w h i c h a r e t h e r a n g e o f h o u r l y r a t e s t o b e u s e d i n d e t e r m i n i n g D i r e c t S a l a r y C o s t s i n S e c t i o n 1 . 1 . 1 a b o v e , a r e g i v e n b e l o w a n d a r e s u b j e c t t o t h e f o l l o w i n g : 2 . 1 D i r e c t S a l a r y R a t e s s h a l l b e a p p l i c a b l e t o b o t h s t r a i g h t t i m e a n d o v e r t i m e w o r k , u n l e s s p a y m e n t o f a p r e m i u m f o r o v e r t i m e w o r k i s r e q u i r e d b y l a w , r e g u l a t i o n o r c r a f t a g r e e m e n t , o r i s o t h e r w i s p e c i f i e d i n t h i s A g r e e m e n t . I n s u c h e v e n t , t h e p r e m i u m p o r t i o n o f : f i t S a l a r y C o s t s w i l l n o t b e s u b j e c t t o t h e M u l t i p l i e r d e f i n e d i n P a r 1 . 1 . 2 a b o v e . 2 . 2 D i r e c t S a l a r y R a t e s s h o w n h e r e i a - i n a f o r o n e y e a r f o l l o w i n g t h e e f f e c t i v e d a t e o f t h e A g r e e T h e r e a r t h e y m a y b e a d j u s t e d a n n u a l l y t o r e f l e c t t h e i s u l t a n t ' s a d j e n t s t o i n d i v i d u a l c o m p e n s a t i o n . T h e C o n s u s h a l l n o t i f y t h e C o s i o n i n w r i t i n g p r i o r t o a c h a n g e i n t h e r a n g e o e s i n c l u d e d h e r e i n ] a n d p r i o r t o e a c h s u b s e q u e n t c h a n g e . P O S I T I O N O R C L ' ` k T I O N G E O F H O U R L Y R A T E S P r i n c e R ��0 = $ . 0 0 / h o u r P r o j ���� M a n a g e r �� $ f �� - $ . 0 0 / h o u r S r . E n $ . 0 0 - $ . 0 0 / h o u r r o . e c t E f a - e - $ . 0 0 - $ . 0 0 / h o u r $ . 0 0 - $ . 0 0 / h o u r $ . 0 0 - $ . 0 0 / h o u r $ . 0 0 - $ . 0 0 / h o u r $ . 0 0 - $ . 0 0 / h o u r 2 . 3 a b o v e r a t r e f o r t h e C o n s u l t a n t o n l y . A l l r a t e s f o r s u b c o n s u l t a n t s t o C o n s u t w i l l b e i n a c c o r d a n c e w i t h t h e C o n s u l t a n t ' s c o s t p r o p o 3 . I N V O I C I N G . 3 . 1 E a c h m o n t h t h e C o n s u l t a n t s h a l l s u b m i t a n i n v o i c e f o r S e r v i c e s p e r f o r m e d d u r i n g t h e p r e c e d i n g m o n t h . T h e o r i g i n a l i n v o i c e s h a l l b e s u b m i t t e d t o t h e C o m m i s s i o n ' s E x e c u t i v e D i r e c t o r w i t h t w o ( 2 ) c o p i e s t o t h e C o m m i s s i o n ' s P r o j e c t C o o r d i n a t o r . 3 . 2 C h a r g e s s h a l l b e b i l l e d i n a c c o r d a n c e w i t h t h e t e r m s a n d r a t e s i n c l u d e d h e r e i n , u n l e s s o t h e r w i s e a g r e e d i n w r i t i n g b y t h e C o m m i s s i o n ' s R e p r e s e n t a t i v e . 1 7 3 3 6 . 0 0 6 0 3 \ 8 5 8 1 9 8 1 . 2 E x h i b i t C - 3 2 4 1 4. wit 3.3 Base Work shall be charged separately, and the charges for each task and Milestone listed in the Scope of Services, shall be listed separately. The charges for each individual assigned by the Consultant under this Agreement shall be listed separately on an attachment to the invoice. 3.4 A charge of $500 or more for any one item of Additional Direct Costs shall be accompanied by substantiating documentation satisfactory to the Commission such as invoices, telephone lo•, etc. 3.5 Each copy of each invoice shall be a Report and spreadsheets showin month and total project to date. 3.6 Each invoice shall indicate by dollar amount and as a 3.7 Each invoice shall %.include a Representative or cer of the anied by a Monthly Progress expended by task for each nts to DBE s • nsultants or supplies ntage of the total i , e. signed by Consultant's ch reads as follaVvls: I hereby certify that t0d sala .. -s charged in this invoice are the actual hours and ra .wor d pala employees listed. Signe Title Date nvoice The Commie ceipt by the est any po F "interest n sh�Tay the Consultant within four to six weeks after mmissfon of an original invoice. Should the Commission n of an invoice, that portion shall be held for resolution, t the uncontested balance shall be paid. 4.2 The final . e dent for Services under this Agreement will be made only after the C®hsultant has executed a Release and Certificate of Final Payment. 17336.00603\8581981.2 Exhibit C-4 242 " " E X H I B I T " D " P R O P O S I T I O N 1 B R E Q U I R E M E N T S N o t w i t h s t a n d i n g a n y t h i n g t o t h e c o n t r a r y c o n t a i n e d i n t h e A g r e e m e n t , i n c l u d i n g t h e o t h e r E x h i b i t s a t t a c h e d t h e r e t o , t h e f o l l o w i n g p r o v i s i o n s s h a l l a p p l y i f f u n d i n g f o r t h e S e r v i c e s i s p r o v i d e d , i n w h o l e o r i n p a r t , f r o m P r o p o s l i o n 1 B b y a n d t h r o u g h t h e C a l i f o r n i a D e p a r t m e n t o f T r a n s p o r t a t i o n ( " C a l t r a n s " ) 1 . E q u a l E m p l o y m e n t O p p o r t u n i t y C o n t m u s t c o m p l y w i t h E x e c u t i v e O r d e r 1 1 2 4 6 ( 3 C F R , 1 9 6 4 - 1 9 6 5 C o m p . , p . 3 3 m p l o y m e n t O p p o r t u n i t y , " a s a m e n d e d b y E x e c u t i v e O r d e r 1 1 3 7 5 ( 3 C F R a 1 9 B - 1 9 7 ' o m p . , p . 6 8 4 ) , " A m e n d i n g E x e c u t i v e O r d e r 1 1 2 4 6 R e l a t i n g t o E � E m p l o y m e " O p p o r t u n i t y , " a n d a s s u p p l e m e n t e d b y r e g u l a t i o n s a t 4 1 C f i a p t e r 6 0 , " O f F e d e r a l C o n t r a c t C o m p l i a n c e P r o g r a m s , E q u a l E m p l o y m e ��p o r t u n i t y , D e p a r t m f L a b o r . " 2 . C o p e l a n d " A n t i - K i c C o n s u l t a n t m u s t c o m p l y w i t h t s u p p l e m e n t e d b y D e p a r t m e n t o S u b c o n s u l t a n t s o n P u b l i c B u i l d . b a c k " A c t ( 1 8 " e l a n d " A r u l a t i o n s W o r k L o a n s o r G r a n t s f r o m t h e U n i t e d s u b r e c i p i e n t m u s t b t h e c o n s t r u c t i o n , c o m p e n s a t i o n t o s u s p e c t e d o r r e p o r t e 3 . a C o n s S a f e t y r e g u l a t i o t o c o m p u t w e e k o f 4 0 h - t h a t t h e w o r k e r p a y f o r a l l h o u r s i s a p p l i c a b l e t o c o n s t o w o r k i n s u r r o u n d i n g s w a g e s o f e . W o r k i n 1 s o m p e n s w o d i n 7 4 a n d 4 S . C . 2 7 6 c ) b a c k " A c t ( 1 8 L S . C . 8 7 4 ) , a s C F R P a r t 3 , " C o n s u l t a n t s a n d c c d i n W h o l e o r i n P a r t b y p r . # . e s t h a t e a c h c o n t r a c t o r o r y . ��- a n y p e r s o n e m p l o y e d i n t o g i v e u p a n y p a r t o f t h e t l e d . T h e - C o m m i s s i o n s h a l l r e p o r t a l l i b l e D O E c o n t r a c t i n g o f f i c e r . a n d a r d s A c t ( 4 0 U . S . C . 3 2 7 - 3 3 3 ) c t i o n s 1 0 7 o f t h e C o n t r a c t W o r k H o u r s a n d 2 7 - 3 3 3 ) a s s u p p l e m e n t e d b y D e p a r t m e n t o f L a b o r U n d e r a e c t i o n 1 0 2 o f t h e A c t , e a c h C o n s u l t a n t i s r e q u i r e d m e l c a n d l a b o r e r o n t h e b a s i s o f a s t a n d a r d w o r k e s s o f t h e s t a n d a r d w o r k w e e k i s p e r m i s s i b l e p r o v i d e d a t a r a t e o f n o t l e s s t h a n 1 1 / 2 t i m e s t h e b a s i c r a t e o f l e s s o f 4 0 h o u r s i n t h e w o r k w e e k . S e c t i o n 1 0 7 o f t h e A c t o r k a n d p r o v i d e s t h a t n o l a b o r e r o r m e c h a n i c i s r e q u i r e d n d e r w o r k i n g c o n d i t i o n s w h i c h a r e u n s a n i t a r y , h a z a r d o u s o r d f r o m r r e p a l t h e r w i s t h e r e s d a n g e r o u s . T h e s e r e q u i r e m e n t s d o n o t a p p l y t o t h e p u r c h a s e s o f s u p p l i e s o r m a t e r i a l s o r a r t i c l e s o r d i n a r i l y a v a i l a b l e o n t h e o p e n m a r k e t , o r c o n t r a c t s f o r t r a n s p o r t a t i o n o r t r a n s m i s s i o n o f i n t e l l i g e n c e . 4 . R i g h t s t o I n v e n t i o n s a n d D a t a M a d e U n d e r a C o n t r a c t o r A g r e e m e n t C o n s u l t a n t s h a l l c o m p l y w i t h F e d e r a l r e q u i r e m e n t s a n d r e g u l a t i o n s p e r t a i n i n g t o p a t e n t r i g h t s w i t h r e s p e c t t o a n y d i s c o v e r y o r i n v e n t i o n w h i c h a r i s e s o r i s d e v e l o p e d i n t h e c o u r s e o f o r u n d e r t h e C o n t r a c t , a n d s h a l l b e i n c o m p l i a n c e w i t h 1 0 C F R 6 0 0 . 3 2 5 a n d A p p e n d i x A P a t e n t a n d D a t a R i g h t s t o S u b p a r t D , P a r t 6 0 0 . 1 7 3 3 6 . 0 0 6 0 3 \ 8 5 8 1 9 8 1 . 2 E x h i b i t D - 1 2 4 3 5. Clean Air Act (42 U.S.C. 7401 et seq.), Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15), as amended — Consultant shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (41 U.S.C. 7401 et seq. ), Federal Water Pollution Control Act (33 U.S.C. 1251 et seq. ), Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15), as amended. The Commission will report violations to the ..esponsible contracting officer and the Regional Office of the Environmental Protectio ncy (EPA). 6. Davis -Bacon Act (40 U.S.C. 276a) — ltant shall comply with the Davis -Bacon Act (40 U.S.C. 276a to 276a-7) as ted by Department of Labor regulations (29 CFR Part 5). 7. Contract Violations — Co t shall co with the applicable administrative, contractual, and legal re s in instances w ,Consultant violates or breaches contract terms, and will be s et to sanctions and ' alties as may be appropriate and as outlined in the Contract. 8. Termination Provisions and termination for convenience manner by which it will be effected ultant sh as ou As _ for se• ply with termination for cause in the Contract, including the ent. 9. Reporting — t shall c•ly wi - r._ns `� irements and regulations pertaining to repo 10. Access to [�,e ents x Cons t shall grant access by the grantee (Commission) the gram - �a� �; (trans ,: a State of California, or any of their duly authorize ments1 papers, tative `" • , and records of the e ��n � 1. 1 Consu t 'which- irec ertine a specific contract for the purpose of makin Oft, examin 1 exc �. , and trafitcriptions. 11. Retn of Recor" three years ar. Commissi closed. tent shall retain all required records for at least makeslinal payment and all other pending matters are 12. Energy Poli n rn nservation Act (Pub. L. 94-163, 89 Stat. 871.) — Consultant shall comp t R h mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871), which are incorporated by reference in this Contract. (10 CFR 600.236(i)(13).) 17336.00603\8581981.2 Exhibit D-2 244 " " " E X H I B I T " E " C E R T I F I C A T E O F C O N S U L T A N T I H E R E B Y C E R T I F Y t h a t I a m t h e d u l y a u t h o r i z e d r e p r e s e n t a t i v e o f t h e f i r m o f w h o s e a d d r e s s i s a n d a n d t h a t , e x c e p t a s h e r e b y e x p r e s s l y s t a t e d , n e i t h e r h a v e : ( a ) e m p l o y e d o r r e t a i n e d f o r c o n t i n g e n t f e e , o r o t h e r c o b o n a f i d e e m p l o y e e w o r k i r s o l i c i t o r s e c u r e t h i s a g r e e m e ( b ) a g r e e d , a s a n e x p o r i m p l i e m p l o y o r r e t a i n t s ' e s c a r r y i n g o u t t h e a g r e e ( c ) p a i d , o r b o n a f e e , c o n n e c 1 7 3 3 6 . 0 0 6 0 3 \ 8 5 8 1 9 8 1 . 2 t o p a y , a e w o r l d o n a t i o c u r i n g o r S i g n a t u r e N a m e o m m i s s i o a t i o n , a n y f i r o l e l y f o r m e o r t h o r e a b o v e f i r m t h a t I r e p r e s e n t e r c e n t a g e , b r o k e r a g e , e r s o n ( o t h e r t h a n a o v e c o n s u l t a n t ) t o e d n f o r o b t a i n i n g t h i s c o n t r a c t , t o o f a n m o r p e r s o n i n c o n n e c t i o n w i t h o r p e r s o n ( o t h e r t h a n a r t h e a b o v e c o n s u l t a n t ) a n y c o n s i d e = o n o f a n y k i n d f o r , o r i n ; t y i n g o u t t h i s a g r e e m e n t . T i t l e D a t e E x h i b i t E 2 4 5 17336.00603\8581981.2 EXHIBIT "F" DISCLOSURE OF LOBBYING ACTIVITIES [ATTACH BEHIND THIS PAGE] Exhibit F-2 246 AGENDA ITEM 9J RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: May 14, 2014 TO: Riverside County Transportation Commission FROM: Western Riverside County Programs and Projects Committee Jillian Guizado, Staff Analyst Brian Cunanan, Commuter and Motorist Assistance Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Fiscal Year 2014/15 Measure A Commuter Assistance Buspool Subsidy Funding Continuation Requests WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: • 1) Authorize payment of $1,645/month maximum subsidy per buspool for the period July 1, 2014 to June 30, 2015, to the existing Mira Loma, Riverside, and Riverside II buspools; and 2) Require subsidy recipients to meet monthly buspool reporting requirements as supporting documentation to receive payments. BACKGROUND INFORMATION: As part of the Measure A Commuter Assistance Program, the Commission provides funding support to buspools used by Riverside County residents for their commutes along the State Route 91 corridor. The Commission adopted the Measure A buspool subsidy in October 1990 and established a monthly subsidy rate of $1,175 or $25/seat/month in support of commuter buspool operations. In July 2004, the Commission set the subsidy rate at $35/seat/month ($1,645/month) to help offset increases to operational costs during the previous 14 years. To provide additional guidance, the Commission also established a minimum buspool ridership policy in June 1995. The policy requires staff to report to the Commission when a buspool's ridership falls to 25 or below and to seek direction regarding the continuation of the buspool's subsidy. Like all commuter assistance incentives provided by the Commission to encourage use of alternative modes of transportation, the Measure A $35/seat/month subsidy is administered as a user end subsidy. The Commission's subsidy is an important factor that makes buspools an attractive alternative for these commuters with roundtrip commutes in excess of 100 miles. Also, the Commission's subsidy remains cost-effective compared to the typical public transit Agenda Item 9J 247 subsidy rate of 83 percent. While the monthly cost of each buspool varies according to the number of route miles and the resulting negotiated service price, the Commission's monthly subsidy reflects a subsidy rate of 13 percent. Average Monthly Buspool Pare Per Rider $260.00 RCTC Subsidy Per Seat $35.00 Subsidy Rate 13% Unlike some of the other Commission -approved ridesharing incentives that have a limited term, the buspool subsidy is ongoing. To renew its annual subsidy, an existing buspool is required to: • Request in writing, continuation of funding from the Commission for the new fiscal year; • Consistently meet minimum ridership requirements; and • Submit monthly ridership reports throughout the year. The three existing buspools have completed all the requirements for funding as set forth by the Commission, including the submittal of monthly ridership reports and annual funding continuation requests. They have consistently exceeded the minimum ridership level of 25 riders per month and have collectively averaged 36 riders/month/buspool. The traffic and environmental benefits realized in FY 2013/14 by offering this subsidy are illustrated below: Mira Loma 30 —120 mi 926,640 15,444 Riverside 41 —144 mi 1,526,976 21,208 Riverside II 37 —200 mi 1,874,400 18,744 Estimated Pounds of Emissions Reduced 40,707 Miles Saved 4,328,016 Trips Reduced 55,396 In reducing the number of vehicles on SR-91 during peak periods, the buspool program saved more than 4 million miles and 40,707 pounds of vehicle emissions in FY 2013/14. The buspool subsidy proves to be an effective use of Measure A Commuter Assistance Program funds and a budget of $80,000 is proposed for FY 2014/15. Based on the established monthly $1,645/month per buspool subsidy policy, the funds will support the continuation of the three existing buspools and the possibility for one new buspool. Agenda Item 9J 248 " F i n a n c i a l I n f o r m a t i o n I n F i s c a l Y e a r B u d g e t : Y e s Y e a r : F Y 2 0 1 4 / 1 5 A m o u n t : $ 8 0 , 0 0 0 S o u r c e o f F u n d s : M e a s u r e A B u d g e t A d j u s t m e n t : N o G L / P r o j e c t A c c o u n t i n g N o . : 0 0 2 1 0 9 8 1 0 3 0 2 6 3 4 1 8 1 0 0 2 F i s c a l P r o c e d u r e s A p p r o v e d : \ l a . i i D a t e : 0 4 / 1 6 / 2 0 1 4 A t t a c h m e n t s : 1 ) M i r a L o m a R e n e w a l R e q u e s t 2 ) R i v e r s i d e R e n e w a l R e q u e s t 3 ) R i v e r s i d e I I R e n e w a l R e q u e s t " " A g e n d a I t e m 9 J 2 4 9 HARLAN ALPERT Send correspondences to: Harlan Alpert 5522 Sulphur Drive Mira Loma, CA 91752 April 4, 2014 Attn.: Brian Cunanan, Commuter and Motorist Assistance Manager Riverside County Transportation Commission P.O. Box 12008 Riverside, CA 92502-2208 Dear Mr. Cunanan, • ATTACHMENT 1 In compliance with the requirements of the Riverside County Transportation Commission (ROTC); I am requesting an extension of funding for the period of July 1, 2014 to June 30, 2015 for the "Mira Loma' (Mira Loma/Corona) to El Segundo Commuter Buspool. I am the buspool operator and coordinate this buspool independently from any employer. The monthly cost to operate this buspool from Tour Coach is $254. ROTC provides a $35 en*'�subsidy-per seat -any the ren aininL-g �c nrr,vided hetween.the riders and their employers. The following is the Mira Loma/Corona Buspool schedule: (Monday - Thursday) (Friday) AM Departure Mira Loma 4:1.0 a.m. 4:10 a.m. AM Departure Corona Park & Ride Lot 4:25 a.m. 4:25 a.m. AM Arrival El Segundo 5:30 a.m. 5:30 a.m. PM Departure El Segundo 3:00 p.m. 2:30 p.m. PM Arrival Corona Park & Ride Lot 4:30 p.m. 4:00 p.m. PM Arrival. Mira Loma 4:45 p.m. 4:15 p.m. Information on this Buspool is available with rideshare programs at Raytheon, Boeing, Aerospace Corporation, and the Los Angeles Air Force base. Employees receive this information through direct mailings, newsletter articles, and electronic messaging from these employers. These employer rideshare programs also share this information with other local employee transportation coordinators. Thank you for your continued support of this successful buspool program. Harlan Alpert Mira Loma Buspool Operator 250 ATTACHMENT • CATALINA FUENTES Send correspondences to: Raytheon Company 2000 E. El Segundo Blvd. El Segundo, CA 90245-4501 April 4, 2014 Attn.: Brian Cunanan, Commuter Assistance Manager Riverside County Transportation Commission P.O. Box 12008 Riverside, CA 92502-2208 Dear Mr. Cunanan, In compliance with the requirements of the Riverside County Transportation Commission (RCTC), I am requesting an extension of funding for the period of July 1, 2014 to June 30, 2015 for the "Riverside" to El Segundo Commuter Buspool. I am the buspool operator and coordinate this buspool independently from any employer. The monthly cost to operate this bus pool from Tour Coach is $267. RCTC provides a $35 monthly subsidy per seat and the remaining $232 is provided between the riders and their employers. The following is the Riverside to El Segundo Buspool schedule: AM Departure AM Departure AM Arrival PM Departure PM Arrival PM Arrival Galleria at Tyler, Riverside Corona Park & Ride Lot Raytheon, El Segundo Raytheon, El Segundo Corona Park & Ride Lot Galleria at Tyler, Riverside 4.15 a.m. 4:25 a.m. 5:20 a.m. 3:00 p.m. 4:30 p.m. 4:45 p.m. Information on this buspool is available with rideshare programs at Raytheon, Aerospace Corporation, and the Los Angeles Air Force base. Employees receive this information through direct mailings, newsletter articles, and electronic messaging from these employers. These employer rideshare programs also share this information with other local employee transportation coordinators. Thank you for your continued support of this successful buspool program. Sincerely, Catalina Fuentes Riverside Buspool Coordinator 251 ATTACHMENT 3 TRACY HUTCHINSON Send correspondences to: Raytheon Company 2200 E. Imperial Highway El Segundo, CA 90245 April 3, 2014 Ann.: Brian Cunanan, Commuter and Motorist Assistance Manager Riverside County Transportation Commission P.O. Box 12008 Riverside, CA 92502-2208 Dear Mr. Cunanan, In compliance with the requirements of the Riverside County Transportation Commission (RCTC), I am requesting an extension of funding for the period of July 1, 2014 to June 30, 2015 for the "Riverside 2" to El Segundo Commuter Buspool. I am the buspool operator and coordinate this buspool independently from any employer. The monthly cost to operate this buspool from Tour Coach is $260. RCTC provides a $35 monthly subsidy per seat and the remaining $225 is provided between the riders and their employers. The following is the Riverside to El Segundo Buspool schedule: AM Departure AM Departure AM Arrival PM Departure PM Arrival PM Arrival Riverside -Downtown Metrolink Station North Main Corona Metrolink Station Raytheon, El Segundo Raytheon, El Segundo North Main Corona Metrolink Station Riverside -Downtown Metrolink Station 4:37 a.m. 5:00 a.m. 6:00 a.m. 4:00 p.m. 5:10 p.m. 5:35 p.m. Information on this buspool is available with rideshare programs at Raytheon, Boeing, Aerospace Corporation, and the Los Angeles Air Force base. Employees receive this information through direct mailings, newsletter articles, and electronic messaging from these employers. These employer rideshare programs also share this information with other local employee transportation coordinators. Thank you for your continued support of this successful buspool program. Sincerely, Lei 6/14.41,,, Tracy Hutchinson Riverside Buspool Coordinator 252 AGENDA ITEM 9K RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: May 14, 2014 TO: Riverside County Transportation Commission FROM: Western Riverside County Programs and Projects Committee Jillian Guizado, Staff Analyst Brian Cunanan, Commuter and Motorist Assistance Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Amendment to Freeway Service Patrol Agreement WESTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Approve Agreement No. 12-45-046-01, Amendment No. 1 to Agreement No. 12-45-046-00, with Pepe's Towing (Pepe's) to provide freeway service patrol (FSP) services on the Commission's Interstate 215 Central widening project in the amount of $475,000; and 2) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission. BACKGROUND INFORMATION: At its April 2012 meeting, the Commission awarded a FSP contract to Pepe's for tow truck services on Beat No. 19. This beat operates with two trucks on 1-215 from Alessandro Boulevard to State Route 74/4th Street. The agreement awarded was for a three-year term with two one-year options to extend the agreement. The agreement is currently in the initial three- year term. In March 2013, the Commission began construction on the 1-215 Central widening project. Per the Traffic Management Plan, FSP must be provided during peak morning and evening commutes when freeway shoulders are closed. Though regular FSP service does not currently exist in the project boundaries of the 1-215 Central widening project, Pepe's, operating on Beat No. 19 just north of the project, was offered the construction FSP work and accepted at the current contract rate of $51.74 per hour. DISCUSSION: The Beat No. 19 agreement provides for the standard level of FSP services on Beat No. 19. Due to the construction services provided, it is now necessary to amend the existing Beat No. 19 Agenda Item 9K 253 agreement to increase the total amount of the agreement by $475,000. This amount is projected to cover the construction FSP services provided since March 2013 through the estimated project completion date of April 2015. Funding to support construction FSP is provided through transfers of 2009 Measure A Western County highway funds from the 1-215 Central widening project funding. Financial information Yes FY 2013/14 $200,000 in Fiscal Year Budget: N/A Year: FY 2014/15+ Amount: $275,000 2009 Measure A Western County No Source of Funds: highway Budget Adjustment: N/A GL/Project Accounting No.: 002173 81014 00000 0000 20145 81014 Fiscal Procedures Approved: \i/ii-L../..,v,1. Date: 04/16/2014 Agenda Item 9K 254 AGENDA ITEM 9L " " R I V E R S I D E C O U N T Y T R A N S P O R T A T I O N C O M M I S S I O N D A T E : M a y 1 4 , 2 0 1 4 T O : R i v e r s i d e C o u n t y T r a n s p o r t a t i o n C o m m i s s i o n F R O M : B u d g e t a n d I m p l e m e n t a t i o n C o m m i t t e e T a n y a L o v e , G o o d s M o v e m e n t M a n a g e r T H R O U G H : A n n e M a y e r , E x e c u t i v e D i r e c t o r S U B J E C T : A g r e e m e n t s f o r t h e T r a f f i c S i g n a l C o o r d i n a t i o n P a r t n e r s h i p P r o g r a m B U D G E T A N D I M P L E M E N T A T I O N C O M M I T T E E A N D S T A F F R E C O M M E N D A T I O N : T h i s i t e m i s f o r t h e C o m m i s s i o n t o : 1 ) A p p r o v e A g r e e m e n t N o . 1 4 - 6 5 - 1 0 6 - 0 0 w i t h t h e S o u t h C o a s t A i r Q u a l i t y M a n a g e m e n t D i s t r i c t ( S C A Q M D ) f o r $ 1 . 2 5 m i l l i o n t o f u n d t r a f f i c f l o w i m p r o v e m e n t s l o c a t e d w i t h i n R i v e r s i d e C o u n t y ; 2 ) A p p r o v e t h e f o l l o w i n g a g r e e m e n t s f o r a t o t a l a m o u n t n o t t o e x c e e d $ 1 . 2 5 m i l l i o n : a ) A g r e e m e n t N o . 1 4 - 6 5 - 1 0 7 - 0 0 w i t h C o a c h e l l a V a l l e y A s s o c i a t i o n o f G o v e r n m e n t s ( C V A G ) i n t h e a m o u n t n o t t o e x c e e d $ 3 1 0 , 3 7 5 ; b ) A g r e e m e n t N o . 1 4 - 6 5 - 1 0 8 - 0 0 w i t h t h e c i t y o f E a s t v a l e i n a n a m o u n t n o t t o e x c e e d $ 7 4 , 6 2 5 ; c ) A g r e e m e n t N o . 1 4 - 6 5 - 1 0 9 - 0 0 w i t h t h e c i t y o f M o r e n o V a l l e y i n a n a m o u n t n o t t o e x c e e d $ 4 9 0 , 0 0 0 ; d ) A g r e e m e n t N o . 1 4 - 6 5 - 1 1 0 - 0 0 w i t h t h e c i t y o f R i v e r s i d e i n a n a m o u n t n o t t o e x c e e d $ 3 7 5 , 0 0 0 ; 3 ) A u t h o r i z e t h e C h a i r o r E x e c u t i v e D i r e c t o r , p u r s u a n t t o l e g a l c o u n s e l r e v i e w , t o e x e c u t e t h e a g r e e m e n t s o n b e h a l f o f t h e C o m m i s s i o n ; a n d 4 ) R e p l a c e $ 9 3 9 , 6 2 5 i n C o n g e s t i o n M i t i g a t i o n A i r Q u a l i t y ( C M A Q ) f u n d i n g p r e v i o u s l y a l l o c a t e d t o t h e c i t i e s o f E a s t v a l e , M o r e n o V a l l e y , a n d R i v e r s i d e t h r o u g h t h e C o m m i s s i o n ' s 2 0 1 3 M u l t i - f u n d i n g C a l l f o r P r o j e c t s a p p r o v e d o n J a n u a r y 8 , 2 0 1 4 , w i t h f u n d i n g a v a i l a b l e t h r o u g h S C A Q M D ' s M o b i l e S o u r c e A i r P o l l u t i o n R e d u c t i o n R e v i e w C o m m i t t e e ( M S R C ) P r o g r a m . B A C K G R O U N D I N F O R M A T I O N : A n e l e m e n t o f M S R C ' s F Y s 2 0 1 1 / 1 2 2 0 1 3 / 1 4 W o r k P r o g r a m s e t a s i d e $ 5 m i l l i o n f o r p r o j e c t s t o a c c e l e r a t e t r a f f i c f l o w i m p r o v e m e n t s i n t h e S C A Q M D . H i s t o r i c a l l y , t h e M S R C s o l i c i t s p r o p o s a l s t h r o u g h a c o m p e t i t i v e c a l l f o r p r o j e c t s p r o c e s s ; h o w e v e r , f o r t h e t r a f f i c f l o w i m p r o v e m e n t p r o g r a m , M S R C e l e c t e d t o a l l o c a t e $ 1 . 2 5 m i l l i o n t o t h e f o u r c o u n t y t r a n s p o r t a t i o n c o m m i s s i o n s o n b e h a l f o f t h e i r m e m b e r c i t i e s , c o u n t y , a n d p o s s i b l y r e g i o n a l C a l t r a n s D i s t r i c t s t o a c c e l e r a t e t r a f f i c s i g n a l c o o r d i n a t i o n p r o j e c t s . T h e C o m m i s s i o n ' s s h a r e o f t h e $ 5 m i l l i o n a l l o c a t i o n i s $ 1 . 2 5 m i l l i o n . A g e n d a I t e m 9 L 2 5 5 The Commission's 2013 Multi -Funding Call for Projects In June 2013, the Commission approved the release of the 2013 Multi -Funding Call for Projects for CMAQ funds, Surface Transportation Program and 2009 Measure A Western Riverside County Regional Arterial funds. As a result- of that call, $3,635,975 in CMAQ funding was allocated to the cities of Eastvale, Moreno Valley, and Riverside for traffic flow improvement projects at the Commission's January 8, 2014 meeting. Staff recommends $939,625 in MSRC funding be allocated to support these three projects and $939,625 in CMAQ funding be deprogrammed and returned to the Western Riverside County CMAQ funds for future allocations. If approved, a balance of $2,696,350 in CMAQ funding will remain allocated to the cities of Eastvale, Moreno Valley, and Riverside. The following table provides an overview of the three projects: Agency Eastvale Moreno Valley Riverside Project Title Hammer Avenue Traffic Signal Sync. Transportation Management Center Magnolia Avenue Signal Interconnect CVAG's CMAQ Call for Projects Total Agency Project Cost Match $ 333,500 $116,725 2,300,000 268,300 1,850,000 462,500 $ 4,483, 500 $ 847, 525 CMAQ Funding, Proposed as revised MSRC Funding $ 142,150 $ 74,625 1,541,700 490,000 1,012,500 375,000 $ 2,696,350 $ 939,625 CVAG's CMAQ call for projects identified an Advanced Transportation Management System (ATMS) project to develop a region wide traffic monitoring system that monitors all traffic signals along the Highway 111 corridor from the city of Palm Springs to the city of Coachella. The estimated cost of the ATMS project is $2,634,500; CVAG is requesting $310,375 in MSRC funding be allocated to serve as match funds for the project. At the time of writing this staff report, CVAG's request is pending SCAQMD approval; however, staff is requesting approval to enter into an agreement with CVAG for $310,375 in MSRC funding based on CVAG's February 24, 2014, Executive Committee action to request the MSRC funding for the ATMS project. Financial Information In Fiscal Year Budget: N/A Year: FY 2014/15+ Amount: $1,250,000 Source of Funds: MSRC Grant Funds Budget Adjustment N/A GL/Project Accounting No.: 106 65 41203 $1,250,000 Local agency revenues 106 65 81301 $1,250,000 Construction expenditures Fiscal Procedures Approved: \11/et eavI.e o� Date: 04/21/14 Attachment: MSRC's Letter Dated April 10, 2014 Agenda Item 9L 256 " . " C i e a n T r a n s p o r t a t i o n F u n d i n g f r o m t h e M S R C M o b i l e S o u r c e A i r P o l l u t i o n R e d u c t i o n R e v i e w C o m m i t t e e A p r i l 1 0 , 2 0 1 4 T a n y a L o v e G o o d s M o v e m e n t P r o g r a m M a n a g e r R i v e r s i d e C o u n t y T r a n s p o r t a t i o n C o m m i s s i o n P O B o x 1 2 0 0 8 R i v e r s i d e , C A 9 2 5 0 2 S u b j e c t : M S R C F u n d i n g T o I m p l e m e n t S i g n a l S y n c h r o n i z a t i o n P r o j e c t s I n R e g i o n a l l y S i g n i f i c a n t C o r r i d o r s W E 2 1 8 6 5 C o p l e y D r i v e D i a m o n d B a r C A 9 1 7 6 5 9 0 9 . 3 9 6 . 3 2 6 9 f a x 9 0 9 . 3 9 6 . 3 6 8 2 k . i 4 L ' . . i i 6 1 0 C O U N T Y ' R A N S P O R T A T I O N O O M M I S S I O N " T h e S o u t h C o a s t A i r Q u a l i t y M a n a g e m e n t D i s t r i c t G o v e r n i n g B o a r d a p p r o v e d f u n d i n g f o r y o u r p r o j e c t o n A p r i l - 4 , 2 0 1 4 . C o n g r a t u l a t i o n s o n t h e s u c n e s s o f y o u r M S R C p r o p o s a l a n d s u b s e q u e n t a w a r d o f f u n d s i n t h e a m o u n t o f $ 9 3 9 , 6 2 5 . M S R C s t a f f w i l l c o n t a c t y o u w i t h a c o n t r a c t d e t a i l i n g h o w w o r k , p a y m e n t s , r e p o r t s , e t c . , w i l l o c c u r . G e n e r a l l y , y o u s h o u l d n o t s t a r t w o r k u n t i l a c o n t r a c t h a s b e e n e x e c u t e d . A n y c o s t s i n c u r r e d p r i o r t o c o n t r a c t e x e c u t i o n s h a l l b e i n c u r r e d s o l e l y a t y o u r o w n r i s k . P l e a s e n o t e t h a t w e n e e d d o c u m e n t a t i o n o f w o r k e r ' s c o m p e n s a t i o n , g e n e r a l a n d a u t o m o b i l e l i a b i l i t y i n s u r a n c e b e f o r e w e c a n s e n d y o u a c o n t r a c t f o r e x e c u t i o n . I f y o u h a v e a n y q u e s t i o n s r e g a r d i n g t h i s a w a r d o f f u n d s o r t h e p r o c e s s t h a t w i l l t a k e p l a c e , p l e a s e c o n t a c t m e a t ( 9 0 9 ) 3 9 6 - 3 2 6 9 . I l o o k f o r w a r d t o w o r k i n g w i t h y o u . S i n c e r e l y , C y n t h i a R a v e n s t e i n M S R C C o n t r a c t s A d m i n i s t r a t o r c v n t h i a g c l e a n t r a n s p o r t a t i o n f u n d i r n o r q M E M B E R O R G A N I Z A T I O N S : C a l i f o r n i a A i r R e s o u r c e s B o a r d " L o s A n g e l e s C o u n t y M e t r o p o l i t a n T r a n s p o r t a t i o n A u t h o r i t y " O r a n g e C o u n t y T r a n s p o r t a t i o n A u t h o r i t y " R i v e r s i d e C o u n t y T r a n s p o r t a t i o n C o m m i s s i o n " S a n B e r n a r d i n o A s s o c i a t e d G o v e r n m e n t s " S o u t h C o a s t A i r Q u a l i t y M a n a g e m e n t D i s t r i c t " S o u t h e r n C a l i f o r n i a A s s o c i a t i o n o f G o v e r n m e n t s " R e g i o n a l R i d e s h a r i n g A g e n c y 2 5 7 AGENDA ITEM 9M RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: May 14, 2014 TO: Riverside County Transportation Commission FROM: Budget and Implementation Committee Aaron Hake, Government Relations Manager THROUGH: Anne Mayer, Executive Director SUBJECT: State and Federal Legislative Update BUDGET AND IMPLEMENTATION COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Receive and file an update on MAP-21 reauthorization; 2) Adopt the following state bill positions: a) AB 2036 (Mansoor) — Oppose Unless Amended; • b) AB 2651 (Linder) — Support; c) AB 2728 (Perea) —Support; and d) HR 29 (Gomez) — Oppose. BACKGROUND INFORMATION: MAP-21 Reauthorization Picks Up Momentum In recent weeks the Senate Environment and Public Works (EPW) Committee, chaired by California Senator Barbara Boxer, acknowledged it is moving quickly toward markup of a multi -year reauthorization of MAP-21. In early April, Senator Boxer and Ranking Member David Vitter (R-LA) made a major announcement that a consensus had been reached with the top two members of the Transportation and Infrastructure Subcommittee of EPW, Senators Tom Carper (D-DE) and John Barrasso (R-WY), on the basic principles of a bill. The "big four" agreement centers on: • Passing a long-term bill, as opposed to a short-term patch; • Maintaining the formulas for existing core programs; • Promoting fiscal responsibility by maintaining current levels of funding, plus inflation; • Focusing on policies that expand opportunities for rural areas; • Continuing efforts to leverage local resources to accelerate the construction of transportation projects, create jobs, and spur economic growth; and • Requiring better information sharing regarding federal grants. Agenda Item 9M 258 Wholesale policy rewrites of MAP-21 are not to be expected. Many have viewed MAP-21 as a "six -year policy bill with only two years of funding." This round, the focus on major changes is expected to be on the funding issue. As stated in previous staff reports to the Commission, it will take upwards of $19 billion of new revenue to keep the federal highway program at flat funding levels for the next fiscal year plus inflation and more than $100 billion for a full six -year bill. Many are prognosticating this new revenue will need to come from the General Fund, and the most likely prospect for an offset for this new spending is from corporate tax reform. The prospects of tax reform are debatable, and tying transportation's success to the outcome of. such a major legislative overhaul presents a fair amount of risk. The Senate Finance Committee and House Ways and Means Committee will need to work swiftly on a solution. It is expected the Highway Trust Fund will sink below minimum levels by July, triggering a slowdown in reimbursements to states. Such a slowdown in federal payments to states could have .a downstream impact to federally -funded projects. Worse yet, the slowdown would come during the peak of the summer construction season, meaning potentially significant job losses around the country. Commission staff is working closely with regional partners, national associations, and directly with congressional committees, on two primary issues: a new funding program for goods movement projects, and project delivery acceleration (mainly, National Environmental Policy Act — California Environmental Quality Act reciprocity). Freight issues appear to be front and center for both House and Senate Committees, however the issue of elaborating on the project delivery acceleration progress of MAP-21 does not have consensus. The Commission put forward draft legislative language to address the several gaps in the Primary Freight Network (PFN) on State Routes 60 and 86, and Interstate 215, which the Commission identified as a major concern last winter. The Commission's proposal is to allow states and metro regions the flexibility to self -designate additional miles on the PFN that close gaps in the network and also add "first/last mile" connections to major goods movement hubs such as rail yards and intermodal facilities. This would help the national freight network map to be truly reflective of how the supply chain operates and ensure all of these critical facilities are eligible for funding from a future freight program. The Obama Administration signaled that it has drafted a legislative proposal for MAP-21 reauthorization and intends to release it soon. Commission Sponsored Legislation Advances Two Commission -sponsored bills received their first hearings in policy committees in the State Assembly and Senate in late April. AB 1721 (Linder) received a 15-0 vote in Assembly Transportation Committee contingent upon the bill being amended. The amendments change the following: • The bill no longer is specific to the Commission's 1-15 Corridor Improvement Project and instead applies to all three toll projects statewide authorized under Streets and Agenda Item 9M 259 " " H i g h w a y s C o d e � 1 4 9 . 7 ( L . A . M e t r o ' s d e m o n s t r a t i o n p r o j e c t s o n 1 - 1 0 a n d S R - 1 1 0 , t h e C o m m i s s i o n ' s 1 - 1 5 p r o j e c t , a n d t h e f u t u r e B a y A r e a E x p r e s s L a n e s n e t w o r k ) ; a n d " I n s t e a d o f e x c l u d i n g a l l g r e e n o r w h i t e - s t i c k e r e d l o w - e m i s s i o n v e h i c l e s f r o m t o l l s c o m p l e t e l y , t h e b i l l n o w p e r m i t s t o l l i n g o f t h e s e v e h i c l e s a t a r e d u c e d r a t e . T h e a m e n d e d b i l l i s a c o m p r o m i s e t h a t a l l o w s t h e C o m m i s s i o n t o t o l l l o w e m i s s i o n v e h i c l e s , i n s t e a d o f b e i n g f o r c e d t o e x e m p t t h e m f r o m t o l l s , g i v i n g t h e C o m m i s s i o n g r e a t e r c o n t r o l o v e r d e b t r e p a y m e n t a n d c o n g e s t i o n m a n a g e m e n t f o r t h e 1 - 1 5 p r o j e c t . M e a n w h i l e , t h e o w n e r s o f t h e s e v e h i c l e s c a n c o n t i n u e t o r e c e i v e a n e c o n o m i c i n c e n t i v e , w h i c h f u r t h e r s t h e s t a t e ' s a m b i t i o u s g o a l s o f r e d u c i n g e m i s s i o n s . I n t h e S e n a t e T r a n s p o r t a t i o n a n d H o u s i n g C o m m i t t e e , S B 9 5 3 ( R o t h ) r e c e i v e d a 1 0 - 0 v o t e w h i l e a l s o a c c e p t i n g m i n o r a m e n d m e n t s . A t t h e r e q u e s t o f S a n B e r n a r d i n o A s s o c i a t e d G o v e r n m e n t s ( S A N B A G ) , t h e b i l l h a s b e e n b r o a d e n e d t o p r o v i d e p a r k i n g e n f o r c e m e n t a u t h o r i t y f o r b o t h t h e C o m m i s s i o n a n d S A N B A G . S A N B A G w i l l b e a c c e p t i n g r e s p o n s i b i l i t y f o r t h e n e w d o w n t o w n S a n B e r n a r d i n o t r a n s i t c e n t e r w h e r e M e t r o l i n k w i l l t e r m i n a t e , a s w e l l a s n e w s t a t i o n s c o n s t r u c t e d f o r t h e f u t u r e R e d l a n d s r a i l e x t e n s i o n . B o t h A B 1 7 2 1 a n d S B 9 5 3 n o w h c t a d t o t h e r e s p e c t i v e c h a m b e r f l o o r s f s r a v o t e . N e i t h e r b i l l i s c o n s i d e r e d a " f i s c a l " b i l l , t h e r e f o r e t h e r e i s n o n e e d f o r e i t h e r b i l l t o b e h e a r d b y a p p r o p r i a t i o n s c o m m i t t e e s . S t a t e T r a n s p o r t a t i o n L e g i s l a t i o n F i l l s C o m m i t t e e A g e n d a s S p r i n g i s p e a k s e a s o n f o r p o l i c y c o m m i t t e e s t o h e a r b i l l s i n S a c r a m e n t o . T h i s y e a r t h e t r a n s p o r t a t i o n c o m m i t t e e s i n t h e A s s e m b l y a n d S e n a t e h a v e a n u n u s u a l l y h i g h v o l u m e o f l e g i s l a t i o n t o c o n s i d e r . S t a f f p r o p o s e s t h e C o m m i s s i o n a d o p t p o s i t i o n s o n t h e f o l l o w i n g b i l l s : A B 2 0 3 6 ( M a n s o o r ) S t a f f R e c o m m e n d a t i o n : O P P O S E U N L E S S A M E N D E D T h i s b i l l w o u l d r e q u i r e a t w o - t h i r d s v o t e o f t h e p e o p l e o f O r a n g e C o u n t y t o a u t h o r i z e t h e i m p l e m e n t a t i o n o f a n y t o l l f a c i l i t y w i t h i n t h e b o u n d a r i e s o f O r a n g e C o u n t y . A s d r a f t e d , s t a f f b e l i e v e s t h e b i l l w o u l d s u b j e c t t h e C o m m i s s i o n ' s S R - 9 1 C o r r i d o r I m p r o v e m e n t P r o j e c t t o a v o t e o f t h e p e o p l e o f O r a n g e C o u n t y . T h e C o m m i s s i o n ' s p r o j e c t t r a n s c e n d s t h e O r a n g e R i v e r s i d e C o u n t y F i n e f o r a p p r o x i m a t e l y o n e m i l e t o c o n s t r u c t t h e t r a n s i t i o n l a n e b e t w e e n t h e e x i s t i n g O r a n g e C o u n t y T r a n s p o r t a t i o n A u t h o r i t y ( O C T A ) 9 1 E x p r e s s L a n e s a n d t h e C o m m i s s i o n ' s n e w e x t e n s i o n o f t h a t f a c i l i t y . S t a f f b e l i e v e s , a t t h e v e r y l e a s t , a n a m e n d m e n t t o t h e b i l l i s n e c e s s a r y t o e n s u r e t h e b i l l d o e s n o t a p p l y t o p r o j e c t s p r e v i o u s l y a u t h o r i z e d b y t h e L e g i s l a t u r e o r u n d e r c o n t r a c t f o r c o n s t r u c t i o n . C l a r i t y s h o u l d a l s o b e a d d e d t o t h e b i l l r e g a r d i n g p r o j e c t s t h a t c r o s s t h e O r a n g e C o u n t y l i n e . S t a f f i d e n t i f i e d a n u m b e r o f o t h e r l e g a l a n d p r a c t i c a l c o n c e r n s w i t h t h e b i l l , t h a t i f s i g n e d i n t o l a w , c o u l d s e t p r e c e d e n t f o r f u t u r e p r o j e c t s i n o t h e r c o u n t i e s . A g e n d a I t e m 9 M 2 6 0 AB 2036 is a direct reaction to the author's publicly -stated dissatisfaction with the potential tolling alternative that has been studied on OCTA's 1-405 widening project. In Assembly Transportation Committee, this bill failed on its first hearing due to lack of a second for the motion to "pass" the bill. AB 2651 (Linder) and AB 2728 (Peres) — Staff Recommendation: SUPPORT Two bills have been introduced in the Assembly to end the transfer of truck weight fees from the State Highway Account to the General Fund. During the FY 2010/11 budget crisis, the Administration and Legislature enacted a series of fiscal maneuvers that provided relief to the General Fund by way of transportation revenues. Following the passage of Proposition 22 in 2010, which further walled -off most other transportation funds from the General Fund, the state sought the diversion of truck weight fees to the General Fund for the purpose of servicing debt on the Proposition 1B transportation bonds. The nexus of Proposition 1B debt repayment to transportation purposes enabled the state to provide approximately $900 million of budget relief within the bounds of the Constitution. As the General Fund improves and as transportation revenues decline from erosion of the gas tax, the return of truck weight fees to the State Highway Account would boost funding available for transportation annually by nearly $1 billion. The Commission's adopted 2014 legislative platform states: "Revenue derived from transportation sources should be spent exclusively on transportation projects. Support measures to strengthen the relationship between transportation revenue and expenditures; oppose measures that weaken them." Therefore, staff recommends full support for two measures that restore truck weight fees to the State Highway Account: AB 2651 (Linder) and AB 2728 (Perea). The two proposals differ slightly: AB 2728 (Perea) Prohibits diversion of truck weight fees as of January 1, 2015 through January 1, 2019. In late April, Assemblyman Linder indicated that he would drop his bill and stand behind Assemblyman Perea's bill in the interest of bipartisan unity on this issue. Mr. Perea's bill has advanced out of the Assembly Transportation Committee. In the interest of full disclosure, staff is aware the California State Association of Counties does not intend to be supportive of these bills because they would have the effect of reducing the Agenda Item 9M • 261 General Fund. The California Association of Councils of Governments and other transportation industry groups are expected to support one or both of these bills. The California Transportation Commission expressed supportive statements about bills in this vein. HR 29 (Gomez) — Staff Recommendation: OPPOSE This nonbinding resolution of the State Assembly expresses opposition to "outsourcing of public services and assets, which harms transparency, accountability, shared prosperity, and competition." The resolution also supports, "processes that give public service workers the opportunity to develop their own plan on how to deliver cost-effective, high -quality services." The resolution references the Taxpayer Empowerment Agenda (TEA), a proposal by a group called "In the Public Interest", which is a project of a national coalition known as the Partnership for Working Families. HR 29 itself is sponsored by the American Federation of State, County, and Municipal Employees. TEA and HR 29 presents a blanket one -size -fits -all understanding of government services being contracted to the private sector that does not fit the reality of several agencies, including the Commission and other special-purpose entities. Much of the Commission's work is project - focused, which means workload ebbs andflows with many johs lasting only a few years, and many of those jobs requiring extremely specialized expertise. Hiring full-time public workers for these temporary, specialized jobs is impractical, cost inefficient, and would cause the Commission to move its work forward more slowly. Historically, the Commission has retained a lean staff of public servants, staying within the 1 percent statutory cap in voter -approved Measure A for administrative salaries and benefits, and the 4 percent Measure A administrative cost cap that has been Commission policy for many years. For FY 2013/14, the Commission's adopted budget provided for approximately $8 million for public staff salaries and benefits, accounting for less than 1 percent of the total Commission budget. The Commission's budget also includes the following stated objectives: • "Commission staffing levels will be consistent with the intent of its enabling legislation, which envisioned a small, but effective staff;" and • "Contract staff and consultants will be used to augment staff efforts as much as possible to support programs or workloads, which do not appear to be of a permanent nature." TEA outlines a number of policies the Commission currently adheres to, including, in general: ✓ Contract audits and oversight; ✓ Language allowing the Commission to cancel contracts if the company does not meet expectations; ✓ Competitive bidding requirements and transparency for recurring contracts; ✓ Transparency to public of contracting processes; and ✓ Audits to ensure contractors have not broken the law. Agenda Item 9M 262 However, a number of provisions of TEA are problematic in that these provisions either run afoul of existing federal requirements and would slow the Commission's work dramatically while increasing costs of operating the agency. For example: TEA Provision RCTC Concern Require a study to determine how privatization would affect the larger community and post the results online before any contract is signed. Ban contract language that guarantees company profits. Would increase project delivery timelines and costs dramatically as a new study would need to be conducted for each phase of a project (environmental, design, right of way, construction). Conflicts with federal requirements ' to delineate "fees" (profits) in contractor invoices. Ensure that public service workers have the Would increase project delivery timelines and opportunity to submit their own plan to save costs for every contract as Commission staff money and provide quality services. would need to repeatedly evaluate contracting vs. hiring additional staff, rather than adhering the Commission's consistent adopted budget policy. The most concerning language of HR 29 is, "the Assembly intends to introduce and advocate for responsible outsourcing legislation," signaling that future bills will be coming forward to implement some of these provisions into state law. The resolution passed the Assembly on a 44-22 vote with 13 Members not voting. The resolution is supported and opposed by numerous organizations, including but not limited: Support Oppose AFSCM E California Professional Firefighters Professional Engineers in California Government (PECG) Riverside Sheriff's Association Agenda Item 9M California Chamber of Commerce California Special Districts Association City of Indian Wells City of Riverside League of California Cities Southwest California Legislative Council 263 1 RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: May 14, 2014 TO: Riverside County Transportation Commission FROM: Eastern Riverside County Programs and Projects Committee Sheldon Peterson, Rail Manager THROUGH: Anne Mayer, Executive Director SUBJECT: Agreement for Forecasting Services for the Coachella Valley -San Gorgonio Pass Rail Corridor Service Development Plan EASTERN RIVERSIDE COUNTY PROGRAMS AND PROJECTS COMMITTEE AND STAFF RECOMMENDATION: This item is for the Commission to: 1) Award Agreement No. 14-25-072-00 to HDR Engineering, Inc. (HDR) for forecasting • • services foT the Coachella Valley -San Gb7gE3nio Pass Rail Corridor (CbMCI r) Service Development Plan (SDP) in the amount of $1,697,645, plus a contingency amount of $150,000 for a total amount not to exceed $1,847,645; 2) Authorize staff to proceed with the Phase 1 work, including Tasks 1 and 2 through a limited notice to proceed (NTP) in the amount of $1,847,645; 3) Authorize the Chair or Executive Director, pursuant to legal counsel review, to execute the agreement on behalf of the Commission; 4) Authorize the Executive Director to approve contingency work as may be required for the project; and 5) Authorize staff to negotiate the scope and fee for Phase 2 (Tasks 3 and 4) and to bring back to the Commission, at a later date, a separate request for authorization to execute a separate contract amendment to proceed to the next phase of work, if warranted. BACKGROUND INFORMATION: Providing some form of passenger rail service to the Corridor has been a long-standing priority for more than two decades with the first studies completed in the early 1990's. Additional studies have been performed over time with one of the more recent efforts completed in April 2010. This was later followed in May 2013 with the state of California Department of Transportation (Caltrans) Division of Rail completing the first phase of a planning study and initial alternatives analysis for the Corridor. This planning study was very supportive of the potential for a viable service, and future studies would then be able to expand on the Caltrans' effort by determining ridership demand and more detailed cost estimates. Agenda Item 10 264 Caltrans also included an updated project description and analysis of the Corridor service in the latest state rail plan, which was approved on September 5, 2013, by the California State Transportation Agency. The next update will take place in 2017. DISCUSSION: As the result of past studies from the Coachella Valley Association of Governments (CVAG), Commission, and Caltrans, it was determined that using state -supported intercity trains presents the best alternative for developing passenger rail service along the Corridor. The 141-mile trip between Los Angeles and the Coachella Valley would cross four counties. Stops and station locations are yet to be determined. Due .to the trip length and time of approximately three hours, Amtrak -style state -supported intercity service with larger seats and food service would be more appealing to the riders. While the Corridor was part of the state's planning study effort, Caltrans Division of Rail was also very clear it did not have the funding in place to further analyze the Corridor. Accordingly, and to further the project development of the Corridor and to leverage the work already conducted by the state, a number of key initiatives were approved by the Commission in October 2013 and subsequently carried out. These included: • Establishment of a memorandum of understanding (MOU) between CVAG and the Commission that establishes cooperation on the Corridor and a Transportation Development Act (TDA) bus/rail funding split for transit funding; • Authorization of $4.2 million of Proposition 1B Public Transportation, Modernization, Improvement, and Service Enhancement Account (PTMISEA) funds to be used to initiate Corridor planning and limited capital improvements. The funding confirmation and approval notice from Caltrans was received on April 16, 2014; • Agreement and the execution of a letter of understanding between the Commission and Caltrans Division of Rail in which both agencies agreed on the performance of certain modeling efforts. Caltrans staff initiated its contractor's efforts to begin work on the ridership modeling for the project; and • Approval of the Commission's Resolution of Support for the Corridor and initiation of outreach to get project letters of support. There are now over 18 cities and organizations who have submitted letters with more to come. Next Step — The Service Development Plan The true success of this effort will be to develop comprehensive and convincing planning documents that will allow the Corridor to compete for limited state and federal rail funds. To move in this direction, the Commission will need to construct a SDP for the Corridor meets the following requirements: Agenda Item 10 265 " C l e a r l y d e m o n s t r a t e t h e p u r p o s e o f a n d n e e d f o r t h e p r o j e c t ; " A n a l y z e a l t e r n a t i v e s f o r t h e p r o p o s e d p a s s e n g e r r a i l s e r v i c e ; " I d e n t i f y t h e a l t e r n a t i v e t h a t b e s t m e e t s t h e p u r p o s e a n d n e e d ; " I d e n t i f y t h e d i s c r e t e c a p i t a l p r o j e c t s r e q u i r e d t o s u p p o r t t h e s e r v i c e ; a n d " D e m o n s t r a t e t h e o p e r a t i o n a l a n d f i n a n c i a l f e a s i b i l i t y o f t h e p r o j e c t . T h e S D P p r o c e s s w a s d e v e l o p e d b y t h e F e d e r a l R a i l r o a d A d m i n i s t r a t i o n ( F R A ) , a n d t h e r u l e m a k i n g a n d g u i d a n c e f o r i t a r e c o n t a i n e d i n t h e F e d e r a l R e g i s t e r . B o t h C a l t r a n s a n d F R A h a v e b e e n w o r k i n g t o e i t h e r d e v e l o p o r a p p r o v e S D P s f o r v a r i o u s c o r r i d o r s a c r o s s t h e s t a t e a n d c o u n t r y ; t h e r e f o r e , i t w a s c l e a r a r e q u e s t f o r p r o p o s a l ( R F P ) w i t h a v e r y s p e c i f i c s c o p e o f w o r k w o u l d n e e d t o b e d e v e l o p e d i n o r d e r t o p r o c u r e a c o n s u l t a n t w i t h t h e a p p r o p r i a t e l e v e l o f e x p e r i e n c e . S t a f f m e t w i t h b o t h C a l t r a n s D i v i s i o n o f R a i l a n d t h e F R A t o d e t e r m i n e t h e p r o p e r m i x o f t h e r e q u i r e d e l e m e n t s f o r a s c o p e o f w o r k . B o t h a g e n c i e s w e r e s u p p o r t i v e a n d o f f e r e d s o m e v e r y h e l p f u l s u g g e s t i o n s o n h o w t h e C o m m i s s i o n c o u l d b e s t c o n d u c t t h i s p l a n n i n g e f f o r t . T o m e e t t h e n e e d s o f t h e p r o j e c t , t h e s c o p e h a s b e e n d e v e l o p e d w i t h m u l t i p l e p h a s e s a n d t a s k s t h e s e d e c i s i o n s . P h a s e 1 i n c l u d e s o v e r a l l p r o j e c t m a n a g e m e n t a n d t w o r e q u i r e d t a s k s . F o r T a s k 1 , t h e c o n s u l t a n t w i l l n e e d t o d e v e l o p t h e d e t a i l e d o v e r a l l p r o j e c t w o r k p l a n , p r o j e c t " a p p r o a c h , a n d p r o j e c t o u t r e a c h p l a n . T a s k 2 w i l l r e q u i r e t h e c o n s u l t a n t t o d e v e l o p t h e d e t a i l e d p r e l i m i n a r y s e r v i c e p l a n a n d a l t e r n a t i v e s a n a l y s i s . T h i s t a s k i n c l u d e s d e v e l o p m e n t o f t h e c o m p r e h e n s i v e r i d e r s h i p a n d c o s t e s t i m a t e s t h a t w i l l p r o v i d e t h e l e v e l o f d e t a i l n e e d e d t o m a k e a r e s p o n s i b l e p l a n n i n g d e c i s i o n o n t h e f i n a n c i a l v i a b i l i t y o f t h e p r o p o s e d s e r v i c e . " T h e r e s u l t s o f P h a s e 1 w i l l b e b r o u g h t b a c k t o t h e C o m m i s s i o n f o r r e v i e w a n d a d e t e r m i n a t i o n o f t h e p r o j e c t ' s v i a b i l i t y t o c o n t i n u e o n t o P h a s e 2 . I n P h a s e 2 , t h e p r o c e s s w i l l i n c l u d e T a s k 3 , w h i c h c o n s i s t s o f t h e n e c e s s a r y N a t i o n a l E n v i r o n m e n t a l P o l i c y A c t ( N E P A ) / C a l i f o r n i a E n v i r o n m e n t a l Q u a l i t y A c t ( C E Q A ) d o c u m e n t a t i o n . A t i s s u e a n d s t i l l t o b e d e t e r m i n e d i s t h e a c t u a l s c o p e o f t h e e n v i r o n m e n t a l d o c u m e n t a t i o n n e e d e d f o r t h e p r o j e c t . T h i s w i l l b e d e t e r m i n e d b y t h e p r e l i m i n a r y p l a n n i n g c o n d u c t e d i n T a s k 2 , a n d , a s s u c h , s t a f f w i l l n e e d t o n e g o t i a t e t h e s c o p e a n d f e e a n d r e t u r n t o t h e C o m m i s s i o n f o r f u r t h e r a c t i o n . T h e f i n a l s t e p i n P h a s e 2 w i l l b e T a s k 4 t o d e v e l o p t h e c o m p r e h e n s i v e S D P t h a t w i l l b e s u b m i t t e d t o C a l t r a n s a n d t h e F R A f o r a p p r o v a l . A g a i n , t h e e x a c t s c o p e a n d n a t u r e o f t h i s w o r k w i l l b e d e t e r m i n e d b y t h e r e s u l t s o f t h e p r e v i o u s t a s k s a n d r e t u r n e d t o t h e C o m m i s s i o n f o r a c t i o n e i t h e r i n c o n j u n c t i o n w i t h t h e e n v i r o n m e n t a l d o c u m e n t a t i o n t a s k o r s e p a r a t e l y . S t a f f w o u l d l i k e t o p o i n t o u t t h e s c o p e o f w o r k i n t h e R F P i n c l u d e d t h e s e t a s k s a n d t h e r e w e r e t w o r e a s o n s f o r d o i n g s o . F i r s t , g i v e n t h e c r i t i c a l a n a l y s i s t h a t f o r m s t h e u n d e r l y i n g p l a n , s t a f f f e l t t h a t h a v i n g t o g o o u t t o b i d f o r a n o t h e r c o n s u l t a n t w o u l d r e s u l t i n a d u p l i c a t i o n o f w o r k s i n c e i t m i g h t b e p o s s i b l e a s e c o n d c o n s u l t a n t w o u l d b e p r o c u r e d i n a c o m p e t i t i v e b i d p r o c e s s f o r t h e s e c o n d p h a s e o f t h e w o r k . S t a f f w a s c o n c e r n e d a n e w c o n s u l t a n t w o u l d h a v e a d i f f i c u l t A g e n d a I t e m 1 0 2 6 6 time with using analysis and data born by a different consultant. Additionally, in that the scope of work was included in the RFP, the Commission is in possession of pricing information and staff now has a better idea of the nature and cost for the remainder of the work to be performed. Task : Pfliimininf Sonic* Plimmigig and idten 7r a. Procurement Process Pursuant to Government Code 4525 et seq, selection of architect engineer and related services shall be on the basis of demonstrated competence and on professional qualifications necessary for the satisfactory performance of the services required. Therefore, staff used the qualification method of selection for the procurement of these services. Evaluation criteria included elements such as qualifications of firm, qualifications of personnel, understanding and approach, and the ability to respond to the requirements set forth under the terms of a RFP. RFP No. 14-25-072-00 for forecasting services for the Corridor SDP was released by the Commission on February 14. A public notice was advertised in the Press Enterprise, and the RFP was posted on the Commission's PlanetBids website, which is accessible through the Agenda Item 10 267 " " " C o m m i s s i o n ' s w e b s i t e . U s i n g d a t a f r o m P l a n e t B i d s , p o s t c a r d s w e r e s e n t t o 1 3 f i r m s , o n e o f w h i c h i s l o c a t e d i n R i v e r s i d e C o u n t y . U s i n g P l a n e t B i d s , 6 8 f i r m s d o w n l o a d e d t h e R F P , 8 o f t h e s e f i r m s a r e l o c a t e d i n R i v e r s i d e C o u n t y . A p r e - b i d c o n f e r e n c e w a s h e l d o n F e b r u a r y 1 9 a n d w a s a t t e n d e d b y 1 5 f i r m s , o f w h i c h f i v e f i r m s a r e l o c a t e d i n R i v e r s i d e C o u n t y . S t a f f r e s p o n d e d t o a l l q u e s t i o n s s u b m i t t e d b y p o t e n t i a l p r o p o s e r s p r i o r t o t h e F e b r u a r y 2 7 c l a r i f i c a t i o n d e a d l i n e d a t e . F i v e f i r m s A E C O M ( L o s A n g e l e s ) ; C H 2 M H i l l , I n c . ( R i v e r s i d e ) ; H D R ( R i v e r s i d e ) ; P a r s o n s B r i n c k e r h o f f , I n c . ( S a n B e r n a r d i n o ) ; a n d S T V I n c o r p o r a t e d ( R a n c h o C u c a m o n g a ) s u b m i t t e d r e s p o n s i v e a n d r e s p o n s i b l e s t a t e m e n t s o f q u a l i f i c a t i o n s ( S O O ) p r i o r t o t h e 2 : 0 0 p . m . s u b m i t t a l d e a d l i n e o n M a r c h 2 0 . U t i l i z i n g t h e e v a l u a t i o n c r i t e r i a s e t f o r t h i n t h e R F P , t h e f i r m s w e r e e v a l u a t e d a n d s c o r e d b y a n e v a l u a t i o n c o m m i t t e e c o m p r i s e d o f C o m m i s s i o n a n d B e c h t e l s t a f f . B a s e d o n t h e e v a l u a t i o n c o m m i t t e e ' s a s s e s s m e n t o f t h e w r i t t e n p r o p o s a l s a n d p u r s u a n t t o t h e t e r m s o f t h e R F P , t h e e v a l u a t i o n c o m m i t t e e s h o r t l i s t e d a n d i n v i t e d a l l f i v e f i r m s t o t h e i n t e r v i e w p h a s e o f t h e e v a l u a t i o n a n d s e l e c t i o n p r o c e s s . I n t e r v i e w s w e r e c o n d u c t e d o n A p r i l 1 0 . T h e e v a l u a t i o n c o m m i t t e e c o n d u c t e d a s u b s e q u e n t e v a l u a t i o n o f e a c h f i r m , b a s e d o n b o t h w r i t t e n a n d i n t e r v i e w c o m p o n e n t s p r e s e n t e d t o t h e e v a l u a t i o n c o m m i t t e e b y e a c h p r o p o s e r . A c c o r d i n g l y , t h e e v a l u a t i o n c c u m m i t t e e r e c o m m e n d s c o n t r a c t a w a r d t o H D R f o r f o r e c a s t i n g s e r v i c e s f o r t h e C o r r i d o r S D P , a s i t e a r n e d t h e h i g h e s t t o t a l e v a l u a t i o n s c o r e . N E X T S T E P S : S t a f f n e g o t i a t e d t h e s c o p e ( i n c l u d i n g t h e a p p r o p r i a t e l e v e l o f e f f o r t , l a b o r c a t e g o r i e s / m i x , e t c . ) , c o s t , a n d s c h e d u l e p r o p o s a l w i t h H D R f o r t h e p r o j e c t s e r v i c e s f o r P h a s e 1 a n d h a s e s t a b l i s h e d a f a i r a n d r e a s o n a b l e p r i c e . T h e P h a s e 1 p r o p o s a l c o s t i s $ 1 , 6 9 7 , 6 4 5 w i t h a c o n t i n g e n c y o f $ 1 5 0 , 0 0 0 , f o r a t o t a l a m o u n t n o t t o e x c e e d $ 1 , 8 4 7 , 6 4 5 . U p o n C o m m i s s i o n a p p r o v a l , t h e a g r e e m e n t b e t w e e n t h e C o m m i s s i o n a n d H D R w i l l b e e x e c u t e d a n d a N T P i s s u e d . A t t h a t p o i n t , s t a f f w i l l e n g a g e H D R t o o r g a n i z e t h e p r o j e c t w o r k p l a n a n d b e g i n t h e o u t r e a c h p r o c e s s . H D R p r o p o s e d a 1 2 - m o n t h s c h e d u l e f o r t h e c o m p l e t i o n o f P h a s e 1 a n d T a s k s 1 a n d 2 . U p o n c o m p l e t i o n o f P h a s e 1 , t h e r e s u l t s w i l l b e b r o u g h t b a c k t o t h e C o m m i s s i o n f o r r e v i e w a n d d e t e r m i n a t i o n i f t h e p r o j e c t w i l l m o v e f o r w a r d i n t o P h a s e 2 . A n e w c o s t p r o p o s a l a n d e s t i m a t e w i l l b e p r o v i d e d a t t h a t t i m e t o d e t e r m i n e t h e a p p r o p r i a t e a m o u n t f o r a c o n t r a c t a m e n d m e n t w i t h H D R . T h i s m u l t i - p h a s e d a p p r o a c h w i l l a l l o w t h e C o m m i s s i o n t o p r o v i d e d i r e c t i n p u t i n t o t h e p r o c e s s a n d p r o v i d e f o r a m o r e c o s t e f f e c t i v e p r o j e c t i f i t i s d e t e r m i n e d t o p r o c e e d w i t h P h a s e 2 . W i t h r e s p e c t t o t h e f u n d i n g o f P h a s e 2 , t h e g r a n t f u n d s p r e v i o u s l y a w a r d e d f o r t h i s p r o j e c t a s a p p r o v e d b y t h e s t a t e a r e o n l y s u f f i c i e n t f o r f u n d i n g $ 1 . 5 m i l l i o n o f t h e P h a s e 1 e f f o r t . E n v i r o n m e n t a l w o r k i s e x p l i c i t l y p r o h i b i t e d b y t h e P r o p o s i t i o n 1 B f u n d i n g g u i d e l i n e s . A s s u c h , o t h e r s o u r c e s w i l l n e e d t o b e f o u n d i n o r d e r t o m a k e a f u n d i n g d e c i s i o n f o r P h a s e 2 . A g e n d a I t e m 1 0 2 6 8 Financial Information In Fiscal Year Budget: Yes Year: FY 2013/14 Amount: $ 150,000 N/A FY 2014/15+ $ 1,697,645 Source of Funds: PTMISEA and Coachella Valley TDA Rail Budget Adjustment: No Split N/A 245 25 004202 65520 GL/Project Accounting No.: 245 25 454199 65520 Fiscal Procedures Approved:-3 Date: 04/28/2014 Attachments: 1) Scope of Services 2) Draft Agreement No. 14-25-072-00 Agenda Item 10 269 ttz SCOPE OF SERVICES • TASK 1: PROJECT WORK PLAN AND OUTREACH PLAN Description: The purpose of this task is to define the project approach and de work will map the steps and procedures to be followed for the duration of this TASK 1.1 COORDINATION MEETINGS Description: The coordination meetings included in this subtask are specific Outreach Plan, and are separate from the general administrative meetings dis various project stakeholders, as well as the team discipline leaders. Assumptions: Up to five (5) coordination meetings will be required to develo will be held at the RCTC or HDR offices in Riverside, CA. Deliverables: Meeting agendas and meeting minutes. TASK 1.2 DETAILED PROJECT WORK PLAN Description: The purpose of this task is to develop a detailed Project Work P necessary to complete the statement of work. The plan will also include infor including the team organization, team decision -making, and roles and respon project schedule and a detailed project budget. It is anticipated that the work stakeholder agencies. (Meetings are part of Task 2.1.) Deliverables: Detailed Project work plan including: project budget, work plan plan activities and steps document. TASK 1.3 DETAILED STAKEHOLDER COORDINATION AND OUTREACH Description: The purpose of this task is to develop a detailed outreach plan Commission for approval. (Meetings are part of Task 2.1) It is anticipated tha media campaign; technical advisory meetings; a database of interested partie Deliverables: Detailed plan for stakeholder and public outreach. 270 RIVERSIDE COUNTY TRANSPORTATION COMMISSION Coachella Valley -San Gorgonio Pass Rail Corridor Service Development Plan 5/8/2014 LEAD: JD DOUGLAS (HDR) elop a stakeholder outreach plan. This early planning roject. SUBTASK LEAD: ROBERT KLOVSKY (HDR) the development of the Project Work Plan and Public ussed in Item 1 above. These meetings will involve the Project Work Plan and Outreach Plan. Meetings SUBTASK LEAD: JD DOUGLAS (HDR) an. The plan will describe the activities and steps ation about the project management approach, ibilities. In addition, the work plan will include the Ian will be reviewed by RCTC, FRA, and other key roject schedule, project management approach, work LANSUBTASK LEAD: CHERYL DONAHUE (ARELLANO) ith stakeholder coordination for submittal to the the outreach strategy will include: a website; a social ; and written fact sheets and newsletters. Page 1 TASK 1.4 PROJECT MANAGEMENTACTIVITIES SUBTASK LEAD: ROB KLOVSKY (HDR) Description: The purpose of this scope item will be to work with RCTC's Project Manager, individual task leads, and project administrators to develop and manage project schedules, project milestones, project reports, and invoices. The work also involves the overall coordination and administration of team meetings, supervision of the project QC plan for compliance, and general administrative duties. Assumptions: This cost proposal is based on a 12-month project schedule for Tasks 1 and 2. The HDR Project Manager will conduct monthly coordination meetings with RCTC's Project Manager. Deliverables: Project schedules and milestones; progress reports and invoices; administrative and coordination meeting agenda and minutes; and QA/QC plan. TASK 2: PRELIMINARY SERVICE PLANNING AND ALTERNATIVES LEAD: ROBERT KLOVSKY (HDR) Description: The purpose of this scope item is to complete the planning effort necessary to properly identify the purpose and need for an improvement to the transportation system service within the market. Based on the initial indication of pure/latent demand, work will also be completed to identify and analyze improvement alternatives for the Corridor Program. TASK 2.1 COORDINATION MEETINGS SUBTASK LEAD: ROBERT KLOVSKY (HDR) Description: The coordination meetings included in this subtask are specific to the development of the project purpose and need document, identification and analysis of alternatives, generation of a conceptual passenger transportation service plan, generation of conceptual engineering, and preparation of the AA document. The meetings included under this subtask are separate from the general administrative meetings discussed in Task 1 above and will include monthly meetings with a Technical Advisory Committee, meetings with elected officials, as well as meetings with individual participating agencies or other project stakeholders. Assumptions: Up to forty (40) coordination meetings will be conducted. Meetings will be held at the RCTC or HDR offices in Riverside, CA, or at alternative locations within the study corridor. Deliverables: Meeting agendas and meeting minutes. 271 RI SIDE COUNTY TRANSPORTATION COMMISSION Ila Valley -San Gorgonio Pass Rail Corridor Service Development Plan 5/8. Page) TASK 2.2 SITE VISITS Description: Project team members will need to visit proposed infrastructure understand existing conditions, and to investigate the impacts the proposed i Assumptions: Up to two (2) site visits by key staff will be made during Task outside the railroad right-of-way, so flagging protection and entry permits will TASK 2.3 RAILROAD AND FRA COORDINATION MEETINGS Description: The purpose of this task is to coordinate and participate in meet Railroads that may be impacted by any proposed infrastructure or service im Amtrak. Public agencies that may be required to participate in the meetings i Assumptions: Up to five (5) railroad coordination meetings will be required d headquarters or railroads' local offices. Any exhibit preparation work required below. Deliverables: Meeting agendas and meeting minutes. TASK 2.4 MARKET ANALYSIS AND PURPOSE AND NEED STATEMENT DEVELOPMENT Description: The purpose of this task is to develop the Purpose and Need (P guiding document for all the activities involved in preliminary service planning Service Development Plan. The travel market for the corridor is not well and to develop a thorough and data -based understanding of the travel market. Al deficiencies in the corridor will provide the basis for defining the need. The dr consultation with the study's Technical Advisory Committee (TAC) and electe document for the corridor study. • SUBTASK LEAD: MICHAEL HARRINGTON (HDR) improvement sites along the corridor in order to better provements will have on surrounding areas. . It is assumed that site visits will be performed of be needed. SUBTASK LEAD: ROBERT KLOVSKY (HDR) ngs with railroad officials and public agency staff. ovement include the BNSF, UPRR, Metrolink, and clude RCTC, Caltrans, FRA, and others. ring Task 3. Meetings will be held at RCTC in support of the meetings is covered under Task 3.6 SUBTASK LEAD: JD DOUGLAS (HDR) N) Statement for the corridor, which will be the alternatives analysis, environmental analysis, and the rstood, so a critical precursor to preparing the P&N is o, a high-level evaluation of transportation system ft P&N statement will be reviewed and refined in officials, and RCTC will adopt the P&N as the guiding Assumptions: The market analysis will involve the following data sources: 'rSage cell phone data (to obtain trip origins and destinations of 1-10 users who travel through the Banning Pass on each of thr-e days in a given month), PeMS traffic count data for 1-10 in Banning Pass, SCAG regional model data (existing and future trip ori. ins and destinations by trip purpose), SCAG and CVAG origin -destination surveys, ridership data for Sunline Commuter Link 220 and mtrak Thruway service, initial corridor rail ridership forecasts to be provided by Caltrans Division of Rail, data from the National H • usehold Travel Survey, and tourism data from the RIVERSIDE COUNTY TRANSPORTATION COMMISSION Coachella Valley -San Gorgonio Pass Rail Corridor Service Development Plan 5/8/2014 Page 3 272 Greater Palm Springs Convention and Visitors Bureau. The evaluation of transportation system deficiencies will involve documenting the transportation system elements (major highways and transit services) that serve the defined study corridor, their capacities (existing, programmed, and planned), and their capacity deficiencies (existing and projected future). Meetings with the TAC and elected officials to refine and adopt the P&N are included in Task 3.1. Deliverables: Technical Memorandum of market analysis and transportation system evaluation. Purpose and Need Statement (draft and final). TASK 2.5 TECHNICAL MEMO ON ALTERNATIVES ANALYSIS CRITERIA AND PRELIMINARY SDP METHODOLOGY SUBTASK LEAD: JD DOUGLAS (HDR) Description: The purpose of this task is to identify the criteria that will be used to evaluate and compare the alternatives, as well as the methodology that will be applied for each criterion. The evaluation criteria will address the various objectives in the P&N as well as the FRA's information requirements for the SDP, and the methodologies will provide the basis for evaluating how well each alternative achieves the P&N objectives. The criteria and methods will be reviewed and approved by the TAC and RCTC before the alternatives analysis (meetings are part of Task 3.1). Assumptions: Technical Memorandum on Evaluation Criteria and Methodologies (draft and final) TASK 2.6 CONCEPTUAL ENGINEERING SUBTASK LEAD: MICHAEL HARRINGTON (HDR) Description: The purpose of this task is to develop conceptual engineering work to a level sufficient to broadly identify necessary infrastructure improvements (approximately 5% level of engineering), and to determine order -of -magnitude cost estimates for each potential route alternative. The conceptual engineering designs will form an initial basis for the footprint of the environmental analysis to be completed in Task 4. Specific subtasks included in Conceptual Engineering include: Data collection and research; GIS background mapping; basis of design (design criteria); track alignment concepts; roadway and bus route concepts; identification of location and type of structures; layover facility elements and potential site(s); station elements and potential sites; conceptual engineering details for critical design areas; railroad signals and PTC improvements determinations; environmental "Red Flag" screening analysis; conceptual capital cost estimates; right-of-way impacts determinations; phased implementation alternatives development and analysis; and environmental footprint determination. Assumptions: In order to address the potentially broad scope of required infrastructure improvements, conceptual engineering assumptions include: GIS-level and railroad straight-line mapping will be used as the basis for the development of conceptual alignment alternatives (it is not cost-effective to complete a topographic surrey of the entire corridor); one (1) mainline track alignment alternative will be developed; up to five (5) new stationlocation alternatives will be identified; and concept plans will be 273 RRISIDE COUNTY TRANSPORTATION COMMISSION 11a Valley -San Gorgonio Pass Rail Corridor Service Development Plan 5/81) Pag� " d e v e l o p e d f o r a n e w r a i l l a y o v e r f a c i l i t y n e a r t h e e x i s t i n g I n d o , C A m u l t i m o d a l b a s e d o n m a t c h i n g o f t h e e x i s t i n g b r i d g e s . D e l i v e r a b l e s : C o n c e p t u a l e n g i n e e r i n g p l a n s ; e x h i b i t s f o r p u b l i c o u t r e a c h a n d d o c u m e n t ; o r d e r - o f - m a g n i t u d e c a p i t a l a n d o p e r a t i o n a l c o s t e s t i m a t e s ; c o n c e p f o o t p r i n t G I S s h a p e f i l e f o r u s e i n T a s k 4 . T A S K 2 . 7 A L T E R N A T I V E S A N A L Y S I S D e s c r i p t i o n : T h e p u r p o s e o f t h i s t a s k i s t o i d e n t i f y a n d a n a l y z e s e r v i c e a l t e r n a l t e r n a t i v e s . T h e i d e n t i f i e d a l t e r n a t i v e s w i l l b e e v a l u a t e d i n a c c o r d a n c e w i t h t d e t e r m i n e t h e m o s t r e a s o n a b l e a n d f e a s i b l e a l t e r n a t i v e s f o r i n c l u s i o n i n t h e j o D e v e l o p m e n t P l a n . S p e c i f i c s u b t a s k s i n c l u d e d i n t h e w o r k i t e m i n c l u d e : " C o n c e p t u a l b u s t r a n s p o r t a t i o n p l a n d e v e l o p m e n t , i n c l u d i n g d e v e l o p m : f o r e c a s t s , a n d p o t e n t i a l s t a t i o n l o c a t i o n i d e n t i f i c a t i o n " C o n c e p t u a l p a s s e n g e r t r a i n t r a n s p o r t a t i o n p l a n d e v e l o p m e n t , i n c l u d i n g i n i t i a l r i d e r s h i p a n d r e v e n u e f o r e c a s t s , p o t e n t i a l s t a t i o n l o c a t i o n i d e n t i f i r e q u i r e m e n t s " D e v e l o p m e n t o f i n i t i a l p a s s e n g e r t r a i n s c h e d u l e s i n c l u d e s : o S e l e c t i o n o f i n i t i a l p o t e n t i a l r o l l i n g s t o c k ( i . e . , i d e n t i f i c a t i o n o f k : s p e e d , m a x i m u m u n b a l a n c e , w e i g h t , a n d l e n g t h ) o A s s e s s m e n t o f p o t e n t i a l f o r c o s t - e f f e c t i v e s p e e d i n c r e a s e s o n r o u t e s C o l t o n - L A D S ) o I n i t i a l i d e n t i f i c a t i o n o f p o t e n t i a l s t a t i o n s t o p s o D e v e l o p m e n t o f T r a i n P e r f o r m a n c e C a l c u l a t i o n s ( T P C s ) f o r i n i a n d s t a t i o n s t o p s ( T P C s w i l l b e d e v e l o p e d u s i n g t h e R a i l T r a f f i a n d C o l t o n - L A U S o n S C R R A S a n G a b r i e l S u b d i v i s i o n , U P R R S a n B e r n a r d i n o S u b d i v i s i o n ) o D e v e l o p m e n t o f i n i t i a l p o t e n t i a l t r a i n s c h e d u l e s u s i n g t h e T P C - o D e s c r i p t i o n o f i n i t i a l t r a n s p o r t a t i o n p l a n a l t e r n a t i v e s , i n c l u d i n g s c h e d u l e s s h o w i n g f r e q u e n c y o f s e r v i c e , a r r i v a l a n d d e p a r t u r e i n f r a s t r u c t u r e r e q u i r e m e n t s a n d o r d e r - o f - m a g n i t u d e c a p i t a l a n . 2 7 4 R I V E R S I D E C O U N T Y T R A N S P O R T A T I O N C O M M I S S I O N C o a c h e l l a V a l l e y - S a n G o r g o n i o P a s s R a i l C o r r i d o r S e r v i c e D e v e l o p m e n t P l a n 5 / 8 / 2 0 1 4 " r a n s i t s t a t i o n . B r i d g e c o n c e p t s a n d c o s t s w i l l b e o o r d i n a t i o n m e e t i n g s ; B a s i s o f D e s i g n C r i t e r i a u a l s t a t i o n s i t e p l a n s a n d e x h i b i t s ; e n v i r o n m e n t a l S U B T A S K L E A D : J D D O U G L A S ( H D R ) : t i v e s f o r t h e C o r r i d o r , i n c l u d i n g t h e n o - b u i l d a n d b u s - c r i t e r i a a n d m e t h o d o l o g i e s d e f i n e d i n T a s k 3 . 5 t o n t N E P A / C E Q A e n v i r o n m e n t a l d o c u m e n t a n d S e r v i c e n t o f i n i t i a l b u s s c h e d u l e s , i n i t i a l r i d e r s h i p a n d r e v e n u e d e v e l o p m e n t o f i n i t i a l p a s s e n g e r t r a i n s c h e d u l e s , a t i o n , a n d i n i t i a l a s s e s s m e n t o f i n f r a s t r u c t u r e y c h a r a c t e r i s t i c s s u c h a s s e a t i n g c a p a c i t y , m a x i m u m x i s t i n g r a i l i n f r a s t r u c t u r e ( o n e r o u t e I n d i o - C o l t o n ; f o u r a l l y p r o p o s e d r o l l i n g s t o c k , m a x i m u m s p e e d s , r o u t e s , C o n t r o l l e r ( R T C ) m o d e l f o r I n d i o - C o l t o n o n U P R R , I h a m b r a a n d L o s A n g e l e s S u b d i v i s i o n s , a n d B N S F a n d A m t r a k r e c o v e r y a n d d w e l l t i m e f a c t o r s j u t e , r o l l i n g s t o c k , s t a t i o n s t o p s , m a x i m u m s p e e d , a n d I m e s , a n d s t a t i o n s t o p s , a n d i n i t i a l a s s e s s m e n t o f l i k e l y o p e r a t i n g / m a i n t e n a n c e c o s t f o r e a c h a l t e r n a t i v e . C o s t P a g e 5 estimates will be captured as likely ranges and be indexed to each other. These alternatives will inform the development of Conceptual Engineering described in Task 3.6. • Development of inputs for initial ridership and revenue forecasts for initial potential train schedules (forecasts will be performed by Caltrans Division of Rail) • Initial screening of initial potential transportation plan alternatives for cost-effectiveness (ridership/revenue compared to operating/maintenance cost and conformance with Purpose & Need • Development of high-level environmental impacts of each alternative • Development of the Alternatives Analysis Document, including: o Methodology o Statement of Project Purpose and Need and Screening Criteria o Description of No -Build alternative o Description of bus alternatives o Description of potential rail routes o Rolling stock initial selection o High-level assessment of existing infrastructure to support higher train speeds o High-level assessment of capacity of existing infrastructure for proposed frequency and schedule of trains o TPC development o Initial potential train schedules o Initial potential rail transportation plan alternatives o Ridership/revenue forecast for each alternative (bus and rail) (by Caltrans Division of Rail) o Conceptual Engineering (from Task 3.6) o High-level assessment of capital, operating, and maintenance cost for each alternative (bus and rail) o High-level environmental impact assessment of each alternative o Comparison of the initial potential bus and rail transportation plan and the No -Build alternatives to the Screening Criteria o Selection of modal and route alternatives for further study (if No -Build alternative is rejected) o Selection of initial potential rail transportation plan alternatives for further study (if rail is selected as preferred mode), including initial ridership/revenue forecast and high-level capital, operating and maintenance cost estimate. Assumptions: Ridership forecasts and travel demand will be provided by Caltrans through the Intercity Rail Ridership Model; the HDR Team will be responsible for coordinating and providing modeling inputs. Host railroads will supply current data including track charts, programmed capital projects, average and maximum train counts per day per route, and other train operations data useful to 275 0IRIDE COUNTY TRANSPORTATION COMMISSION C la Valley -San Gorgonio Pass Rail Corridor Service Development Plan 5/8/410 Page. ��z " t h e h i g h - l e v e l c a p i t a l c o s t s a s s e s s m e n t , B N S F , U P R R , A m t r a k , a n d M e t r o l i n k a s s e s s m e n t s o f p o t e n t i a l s p e e d i n c r e a s e s , i n f r a s t r u c t u r e r e q u i r e m e n t s , a n d p b e c a u s e t h e y w i l l b e u s e d o n l y f o r a h i g h - l e v e l r i d e r s h i p / r e v e n u e f o r e c a s t a n d d e t a i l e d w i t h i n L A U S f o r t r a c k o c c u p a n c i e s , o r r e s o l v e a l l m e e t / p a s s c o n f l i c t s B e n e f i t A n a l y s i s p r o c e d u r e i s n o t i n c l u d e d . D e l i v e r a b l e s : R i d e r s h i p m o d e l i n g i n p u t s ( i n c l u d i n g t r a i n s c h e d u l e s ) ; I n i t i a l a l t A l t e r n a t i v e s A n a l y s i s R e p o r t . T A S K 2 . 8 O U T R E A C H P L A N I M P L E M E N T A T I O N D e s c r i p t i o n : T h e o u t r e a c h p l a n d e v e l o p e d i n T a s k 2 w i l l b e i m p l e m e n t e d t o e a n d r e v i e w p o t e n t i a l a l t e r n a t i v e s a n d s t a t i o n s . I t i s a n t i c i p a t e d t h a t t h e o u t r e a t e c h n i c a l a d v i s o r y m e e t i n g s ; a d a t a b a s e o f i n t e r e s t e d p a r t i e s ; a n d w r i t t e n f a c t D e l i v e r a b l e s : P r o j e c t w e b s i t e d e v e l o p m e n t a n d m a i n t e n a n c e , s o c i a l m e d i a c d a t a b a s e , p r o j e c t f a c t s h e e t s a n d n e w s l e t t e r s , a n d s u m m a r i e s o f i n p u t r e c e i v 2 7 6 R I V E R S I D E C O U N T Y T R A N S P O R T A T I O N C O M M I S S I O N C o a c h e l l a V a l l e y - S a n G o r g o n i o P a s s R a i l C o r r i d o r S e r v i c e D e v e l o p m e n t P l a n 5 / 8 / 2 0 1 4 " i l l r e v i e w a n d p r o v i d e c o m m e n t s o n h i g h - l e v e l s s e n g e r - t r a i n s c h e d u l e s . P a s s e n g e r t r a i n s c h e d u l e s , : s s e s s m e n t o f i n f r a s t r u c t u r e r e q u i r e m e n t s , w i l l n o t b e i t h o t h e r p a s s e n g e r a n d f r e i g h t t r a i n s . A f o r m a l C o s t - r n a t i v e t r a n s p o r t a t i o n p l a n c o n c e p t s , P r o j e c t S U B T A S K L E A D : C H E R Y L D O N A H U E ( A R E L L A N O ) g a g e s t a k e h o l d e r s a n d i n v o l v e d a g e n c i e s t o i d e n t i f y h w i l l i n c l u d e : a w e b s i t e ; a s o c i a l m e d i a c a m p a i g n ; h e e t s a n d n e w s l e t t e r s . m p a i g n , t e c h n i c a l a d v i s o r y m e e t i n g s , s t a k e h o l d e r d f r o m t h e o u t r e a c h a c t i v i t i e s . P a g e 7 1-31 TASK 3: ENVIRONMENTAL DOCUMENTATION LEAD: PATRICK O'NEILL (HDR) TASK 3.1 COORDINATION MEETINGS SUBTASK LEAD: ROBERT KLOVSKY (HDR) TASK 3.2 ENVIRONMENTAL DOCUMENT TYPE RECOMMENDATION MEMO SUBTASK LEAD: PATRICK O'NEILL (HDR) TASK 3.3 NEPA/CEQA SCOPING AND OUTREACH SUBTASK LEAD: PATRICK O'NEILL (HDR) TASK 3.4 ENVIRONMENTAL STUDIES SUBTASK LEAD: PATRICK O'NEILL (HDR) TASK 3.5 ENVIRONMENTAL DOCUMENT SUBTASK LEAD: PATRICK O'NEIL (HDR) TASK 3.6 CONTINUED OUTREACH PLAN IMPLEMENTATION SUBTASK LEAD: ARELLANO (AA) TASK 4: SERVICE DEVELOPMENT PLAN (SDP) LEAD: ROBERT KLOVSKY (HDR) TASK 4.1 COORDINATION MEETINGS SUBTASK LEAD: ROBERT KLOVSKY (HDR) TASK 4.2 TECHNICAL MEMO ON SDP OUTLINE AND METHODOLOGY SUBTASK LEAD: JD DOUGLAS (HDR) TASK 4.3 DRAFT SDP DEVELOPMENT SUBTASK LEAD: JD DOUGLAS (HDR) TASK 4.4 FINAL SDP SUBTASK LEAD: JD DOUGLAS (HDR) TASK 4.5 PRELIMINARY ENGINEERING SUBTASK LEAD: MICHAEL HARRINGTON (HDR) 277 RI SIDE COUNTY TRANSPORTATION COMMISSION Ila Valley -San Gorgonio Pass Rail Corridor Service Development Plan 5/8/41111 Pagli) " " A T T A C H M E N T 2 A g r e e m e n t N o . 1 4 - 2 5 - 0 7 2 - 0 0 P R O F E S S I O N A L S E R V I C E S A G R E E M E N T W I T H P R O P O S I T I O N 1 B A S S I S T A N C E R I V E R S I D E C O U N T Y T R A N S P O R T A T I O N C O M M I S S I O N A G R E E M E N T W I T H H D R E N G I N E E R I N G , I N C . F O R F O R E C A S T I N G S E R V I C E T H E C O A C H E L L A V A L L E Y - S A N G O R G O N S E R V I C E D E V E L O P 1 1 1 1 A " N 1 . P A R T I E S A N D D A T E . T h i s A g r e e m e n t i s m a d e a n d e b y a n d b e t w e e n t h e R I V E R S I D E . C O U N T Y ; r e d i n t o . : , f l �� C o m m i s s i o n " ) a n d H D R E N G I N E G , I N C . ( " 2 . R E C I T A L S . 2 . 1 M e a s u r e A a u t h o r ' u s e t a x ( t h e " t a x " ) o f R i v e r s i d e , a n d a d " P l a n ' ) . e n d t r a n a e " t h e b e r 8 c t i o n o f d a t i o n e r s i d e C i f S S R A I L C O R R I D O R i s d a , 2 0 1 4 , T A T I O N C I S S I O N ( " t h e C a n t " ) . a N e b r a s k a - c o r p o r a t i o n . e r s i d e C o u n t y a p p r o v e d p e r ( ' / z % ) r e t a i l t r a n s a c t i o n s a n d m s a n d i m p r o v e m e n t s w i t h i n t h e C o u n t y t y T r a n s p o r t a t i o n I m p r o v e m e n t P l a n ( t h e u a n P u b l i c y - C o d e S e c t i o n s 2 4 0 0 0 0 e t s e q . , t h e a l l t h e p r o c e e d s o f t h e T a x i n f u r t h e r a n c e o f t h e P l a n . ����3 O n N o N b e r 5 , 0 0 2 , t h e v o t e r s o f R i v e r s i d e C o u n t y a p p r o v e d a n e x t e n s i o n o f / l e a s u r e f a x f o r a n a d d i t i o n a l t h i r t y ( 3 0 ) y e a r s f o r t h e c o n t i n u e d f u n d i n g o f t r a n s p ` i o n a n ` p r o v e m e n t s w i t h i n t h e C o u n t y o f R i v e r s i d e . 2 . 4 A ' - ' ' f e � o f f u n d i n g f o r p a y m e n t f o r p r o f e s s i o n a l s e r v i c e s p r o v i d e d u n d e r t h i s A g r e e m e n t i s s a t e f u n d s f r o m P r o p o s i t i o n 1 B a d m i n i s t e r e d b y t h e C a l i f o r n i a D e p a r t m e n t o f T r a n s p o r t a t i o n ( " C a l t r a n s " ) t h r o u g h t h e P u b l i c T r a n s p o r t a t i o n , M o d e r n i z a t i o n , I m p r o v e m e n t , a n d S e r v i c e E n h a n c e m e n t A c c o u n t ( " P T M I S E A " ) . T h i s A g r e e m e n t s h a l l n o t b e d e e m e d t o b e a p p r o v e d b y t h e C o m m i s s i o n u n t i l t h e c e r t i f i c a t i o n s h o w n i n E x h i b i t " E " a t t a c h e d h e r e t o a n d i n c o r p o r a t e d h e r e i n b y r e f e r e n c e , i s e x e c u t e d . 2 . 5 C o n s u l t a n t d e s i r e s t o p e r f o r m a n d a s s u m e r e s p o n s i b i l i t y f o r t h e p r o v i s i o n o f c e r t a i n p r o f e s s i o n a l s e r v i c e s r e q u i r e d b y t h e C o m m i s s i o n o n t h e t e r m s a n d c o n d i t i o n s s e t f o r t h i n t h i s A g r e e m e n t . C o n s u l t a n t r e p r e s e n t s t h a t i t i s e x p e r i e n c e d i n 2 7 8 providing [ .INSERT TYPE OF SERVICES ] to public clients, is licensed in the State of California (if necessary), and is familiar with the plans of the Commission. 2.6 The Commission desires to engage Consultant to render such services for the [ INSERT NAME OF PROJECT ] ("Project"), as set forth in this Agreement. 3. TERMS. 3.1 General Scope of Services. Consultant shall furnish all technical and professional services, including labor, material, equipment, transportation, supervision and expertise, and incidental and customary work necessary to fully and adequately supply the [ INSERT TYPE OF SERVICES ] necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.2 Commencement of Services. [ USE THIS PARAGRAPH IF NOTICE TO PROCEED HAS BEEN ISSUED ] Commission has authorized Consultant to commence performance of the Services by a "Notice to Proceed" dated . Consultant agrees that Services already performed pursuant to the "Notice to Proceed" shall be governed by all the provisions of this Agreement, including all indemnification and insurance provisions. As a result of the Proposition 1 B funding for this Project, and to the extent Ca!trans procedures apply in connection therewith, issuance of a Notice to Proceed may be contingent upon completion and approval of a pre -award audit. Any questions raised during the pre -award audit shall be resolved before the Commission will consider approval of this Agreement. The state aid provided under this Agreement is contingent on meeting all Federal requirements and could be withdrawn, thereby entitling the Commission to terminate this Agreement, if the procedures are not completed. The Consultant's files shall be maintained in a manner to facilitate process reviews. [ USE THIS PARAGRAPH IF NO NOTICE TO PROCEED HAS BEEN ISSUED ] The Consultant shall commence work upon receipt of a written "Notice to Proceed" from the Commission. As a result of the Proposition 1 B funding for this Project, and to the extent Ca[trans procedures apply in connection therewith, issuance of a "Notice to Proceed" may be contingent upon completion and approval of a pre - award audit. Any questions raised during the pre -award audit shall be resolved before the Commission will consider approval of this Agreement. The Proposition 1 B aid provided under this Agreement is contingent on meeting all Federal requirements and could be withdrawn, thereby entitling the Commission to terminate this Agreement, if the procedures are not completed. The Consultant's files shall be maintained in a manner to facilitate process reviews. 17336.00603\8581981.2 279 " " 3 . 3 T e r m . T h e t e r m o f t h i s A g r e e m e n t s h a l l b e f r o m t h e d a t e o f e x e c u t i o n o f t h i s A g r e e m e n t o r t h e d a t e o f i s s u a n c e o f t h e " N o t i c e t o P r o c e e d " b y t h e C o m m i s s i o n , w h i c h e v e r o c c u r s f i r s t , t o [ I N S E R T E N D I N G D A T E ] , u n l e s s e a r l i e r t e r m i n a t e d a s p r o v i d e d h e r e i n . C o n s u l t a n t s h a l l c o m p l e t e t h e S e r v i c e s w i t h i n t h e t e r m o f t h i s A g r e e m e n t , a n d s h a l l m e e t a n y o t h e r e s t a b l i s h e d s c h e d u l e s a n d d e a d l i n e s . A l l a p p l i c a b l e i n d e m n i f i c a t i o n p r o v i s i o n s o f t h i s A g r e e m e n t s h a l l r e m a i n i n e f f e c t f o l l o w i n g t h e t e r m i n a t i o n o f t h i s A g r e e m e n t . 3 . 4 C o m m i s s i o n ' s R e p r e s e n t a t i v e . T h e C o m m i s s i o n h e r e b y d e s i g n a t e s t h e C o m m i s s i o n ' s E x e c u t i v e D i r e c t o r , o r h i s o r h e r d e s i g n e e , t o a c t a s i t s R e p r e s e n t a t i v e f o r t h e p e r f o r m a n c e o f t h i s A g r e e m e n t ( " C o m m i s s i o n ' s R e p r e s e n t a t i v e " ) . C o m m i s s i o n ' s R e p r e s e n t a t i v e s h a l l h a v e t h e a u t h o r i t y t o a c t o n b e h a l f o f t h e C o m m i s s i o n f o r a l l p u r p o s e s u n d e r t h i s A g r e e m e n t . C o m m i s s i o n ' s R e p r e s e n t a t i v e s h a l l a l s o r e v i e w a n d g i v e a p p r o v a l , a s n e e d e d , t o t h e d e t a i l s o f C o n s u l t a n t ' s w o r k a s i t p r o g r e s s e s . C o n s u l t a n t s h a l l n o t a c c e p t d i r e c t i o n o r o r d e r s f r o m a n y p e r s o n o t h e r t h a n t h e C o m m i s s i o n ' s R e p r e s e n t a t i v e o r h i s o r h e r d e s i g n e e . 3 . 5 C o n s u l t a n t ' s R e p r e s e n t a t i v e . C o n s u l t a n t h e r e b y d e s i g n a t e s [ I N S E R T N A M E O R T I T L E ] t o a c t a s i t s R e p r e s e n t a t i v e f o r t h e p e r f o r m a n c e o f t h i s A g r e e m e n t ( " C o n s u l t a n t ' s R e p r e s e n t a t i v e " ) . C o n s u l t a n t ' s R e p r e s e n t a t i v e s h a l l h a v e f u l l a u t h o r i t y t o a c t o n b e h a l f o f C o n s u l t a n t f o r a l l p u r p o s e s u n d e r t h i s A g r e e m e n t . T h e C o n s u l t a n t ' s R e p r e s e n t a t i v e s h a l l s u p e r v i s e a n d d i r e c t t h e S e r v i c e s , u s i n g h i s p r o f e s s i o n a l s k i l l a n d a t t e n t i o n , a n d s h a l l b e r e s p o n s i b l e f o r a l l m e a n s , m e t h o d s , t e c h n i q u e s , s e q u e n c e s a n d p r o c e d u r e s a n d f o r t h e s a t i s f a c t o r y c o o r d i n a t i o n o f a l l p o r t i o n s o f t h e S e r v i c e s u n d e r t h i s A g r e e m e n t . C o n s u l t a n t s h a l l w o r k c l o s e l y a n d c o o p e r a t e f u l l y w i t h C o m m i s s i o n ' s R e p r e s e n t a t i v e a n d a n y o t h e r a g e n c i e s w h i c h m a y h a v e j u r i s d i c t i o n o v e r , o r a n i n t e r e s t i n , t h e S e r v i c e s . C o n s u l t a n t ' s R e p r e s e n t a t i v e s h a l l b e a v a i l a b l e t o t h e C o m m i s s i o n s t a f f a t a l l r e a s o n a b l e t i m e s . A n y s u b s t i t u t i o n i n C o n s u l t a n t ' s R e p r e s e n t a t i v e s h a l l b e a p p r o v e d i n w r i t i n g b y C o m m i s s i o n ' s R e p r e s e n t a t i v e . 3 . 6 S u b s t i t u t i o n o f K e y P e r s o n n e l . C o n s u l t a n t h a s r e p r e s e n t e d t o t h e C o m m i s s i o n t h a t c e r t a i n k e y p e r s o n n e l w i l l p e r f o r m a n d c o o r d i n a t e t h e S e r v i c e s u n d e r t h i s A g r e e m e n t . S h o u l d o n e o r m o r e o f s u c h p e r s o n n e l b e c o m e u n a v a i l a b l e , C o n s u l t a n t m a y s u b s t i t u t e o t h e r p e r s o n n e l o f a t l e a s t e q u a l c o m p e t e n c e u p o n w r i t t e n a p p r o v a l b y t h e C o m m i s s i o n . I n t h e e v e n t t h a t t h e C o m m i s s i o n a n d C o n s u l t a n t c a n n o t a g r e e a s t o t h e s u b s t i t u t i o n o f t h e k e y p e r s o n n e l , t h e C o m m i s s i o n s h a l l b e e n t i t l e d t o t e r m i n a t e t h i s A g r e e m e n t f o r c a u s e , p u r s u a n t t o t h e p r o v i s i o n s o f S e c t i o n 3 . 1 4 . T h e k e y p e r s o n n e l f o r p e r f o r m a n c e o f t h i s A g r e e m e n t a r e : [ L I S T N A M E S A N D T I T L E S ] . 3 . 7 P r e l i m i n a r y R e v i e w o f W o r k . A l l r e p o r t s , w o r k i n g p a p e r s , a n d s i m i l a r w o r k p r o d u c t s p r e p a r e d f o r s u b m i s s i o n i n t h e c o u r s e o f p r o v i d i n g S e r v i c e s u n d e r t h i s A g r e e m e n t s h a l l b e s u b m i t t e d t o t h e C o m m i s s i o n ' s R e p r e s e n t a t i v e i n d r a f t f o r m , a n d t h e C o m m i s s i o n m a y r e q u i r e r e v i s i o n s o f s u c h d r a f t s p r i o r t o f o r m a l s u b m i s s i o n a n d a p p r o v a l . I n t h e e v e n t p l a n s a n d d e s i g n s a r e t o b e d e v e l o p e d a s p a r t o f t h e P r o j e c t , f i n a l d e t a i l e d p l a n s a n d d e s i g n s s h a l l b e c o n t i n g e n t u p o n o b t a i n i n g e n v i r o n m e n t a l 1 7 3 3 6 . 0 0 6 0 3 \ 8 5 8 1 9 8 1 . 2 2 8 0 clearance as may be required in connection with Proposition 1 B funding. In the event that Commission's Representative, in his sole discretion, determines the formally submitted work product to be not in accordance with the standard of care established under this contract, Commission's Representative may require Consultant to revise and resubmit the work at no cost to the Commission. 3.8 Appearance at Hearings. If and when required by the Commission, Consultant shall render assistance at public hearings or other meetings related to the Project or necessary to the performance of the Services. However, Consultant shall not be required to, and will not, render any decision, interpretation or recommendation regarding questions of a legal nature or which may be construed as constituting a legal opinion. 3.9 Standard of Care; Licenses. Consultant represents and maintains that it is skilled in the professional calling necessary to perform all Services, duties and obligations required by this Agreement to fully and adequately complete the Project. Consultant shall perform the Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Consultant further represents and warrants to the Commission that its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the Commission, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein, and shall be fully responsible to the Commission for all damages and other liabilities provided for in the indemnification provisions of this Agreement arising from the Consultant's errors and omissions. Any employee of Consultant or its sub - consultants who is determined by the Commission to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the Commission, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.10 Opportunity to Cure. Commission may provide Consultant an opportunity to cure, at Consultant's expense, all errors and omissions which may be disclosed during Project implementation. Should Consultant fail to make such correction in a timely manner, such correction may be made by the Commission, and the cost thereof charged to Consultant. 3.11 Inspection of Work. Consultant shall allow the Commission's Representative to inspect or review Consultant's work in progress at any reasonable time. 17336.00603\8581981.2 281 3.12 Final Acceptance. Upon determination by the Commission that Consultant has satisfactorily completed the Services required under this Agreement and within the term set forth in Section 3.3, the Commission shall give Consultant a written Notice of Final Acceptance. Upon receipt of such notice, Consultant shall incur no further costs hereunder, unless otherwise specified in the Notice of Final Acceptance. Consultant may request issuance of a Notice of Final Acceptance when, in its opinion, it has satisfactorily completed all Services required under the terms of this Agreement. In the event copyrights are permitted under this Agreement, then in connection with Proposition 1 B funding, it is hereby acknowledged and agreed that Caltrans shall have the royalty -free non-exclusive and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use, the work for governmental purposes. 3.13 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. For example, and not by way of limitation, Consultant shall keep itself fully informed of and in compliance with all implementing regulations, design standards, specifications, previous commitments that must be incorporatPd in the design of thP Prniect, and administrative controls including those of Caltrans. In compliance with Caltrans procedures, Consultant and any subconsultant under it shall agree that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual project cost items and (b) the Federal administrative procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments shall apply to this Contract. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the Commission, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold Commission, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.14 Termination. 3.14.1 Notice; Reason. Commission may, by written notice to Consultant, terminate this Agreement, in whole or in part, at any time by giving written notice to Consultant of such termination, and specifying the effective date thereof ("Notice of Termination"). Such termination may be for Commission's convenience or because of Consultant's failure to perform its duties and obligations under this Agree- ment, including, but not limited to, the failure of Consultant to timely perform Services pursuant to the Schedule of Services -described in Section 3.15 of this Agreement. Consultant may not terminate this Agreement except for cause. 17336.00603\8581981.2 282 3.14.2 Discontinuance of Services. Upon receipt of the written Notice of Termination, Consultant shall discontinue all affected Services as directed in the Notice or as otherwise provided herein, and deliver to the Commission all Documents and Data, as defined in this Agreement, as may have been prepared or accumulated by Consultant in performance of the Services, whether completed or in progress. 3.14.3 Effect of Termination For Convenience. If the termination is to be for the convenience of the Commission, the Commission shall compensate Consultant for Services fully and adequately provided through the effective date of termination. Such payment shall include a prorated amount of profit, if applicable, but no amount shall be paid for anticipated profit on unperformed Services. Consultant shall provide documentation deemed adequate by Commission's Representative to show the Services actually completed by Consultant prior to the effective date of termination. This Agreement shall terminate on the effective date of the Notice of Termination. 3.14.4 Effect of Termination for Cause. If the termination is for cause, Consultant shall be compensated for those Services which have been fully and adequately completed and accepted by the Commission as of the date the Commission provides the Notice of Termination. In such case, the Commission may take over the work and prosecute the same to completion by contract or otherwise. Further, Consultant shall be liable to the Commission for any reasonable additional costs incurred by the Commission to revise work for which the Commission has compensated Consultant under this Agreement, but which the Commission has determined in its sole discretion needs to be revised, in part or whole, to complete the Project because it did not meet the standard of care established in Section 3.9. Termination of this Agreement for cause may be considered by the Commission in determining whether to enter into future agreements with Consultant. 3.14.5 Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement. 3.14.6 Procurement of Similar Services. In the event this Agreement is terminated, in whole or in part, as provided by this Section, the Commission may procure, upon such terms and in such manner as it deems appropriate, services similar to those terminated. 3.14.7 Waivers. Consultant, in executing this Agreement, shall be deemed to have waived any and all claims for damages which may otherwise arise from the Commission's termination of this Agreement, for convenience or cause, as provided in this Section. 3.15 Schedule and Progress of Services. 17336.00603\8581981.2 283 " 3 . 1 5 . 1 S c h e d u l e o f S e r v i c e s . C o n s u l t a n t s h a l l p e r f o r m t h e S e r v i c e s e x p e d i t i o u s l y , w i t h i n t h e t e r m o f t h i s A g r e e m e n t , a n d i n a c c o r d a n c e w i t h t h e S c h e d u l e o f S e r v i c e s s e t f o r t h i n E x h i b i t " B " a t t a c h e d h e r e t o a n d i n c o r p o r a t e d h e r e i n b y r e f e r e n c e . C o n s u l t a n t r e p r e s e n t s t h a t i t h a s t h e p r o f e s s i o n a l a n d t e c h n i c a l p e r s o n n e l t o p e r f o r m t h e S e r v i c e s i n c o n f o r m a n c e w i t h s u c h c o n d i t i o n s . I n o r d e r t o f a c i l i t a t e C o n s u l t a n t ' s c o n f o r m a n c e w i t h t h e S c h e d u l e , t h e C o m m i s s i o n s h a l l r e s p o n d t o C o n s u l t a n t ' s s u b m i t t a l s i n a t i m e l y m a n n e r . U p o n r e q u e s t o f C o m m i s s i o n ' s R e p r e s e n t a t i v e , C o n s u l t a n t s h a l l p r o v i d e a m o r e d e t a i l e d s c h e d u l e o f a n t i c i p a t e d p e r f o r m a n c e t o m e e t t h e S c h e d u l e o f S e r v i c e s . 3 . 1 5 . 2 M o d i f i c a t i o n o f t h e S c h e d u l e . C o n s u l t a n t s h a l l r e g u l a r l y r e p o r t t o t h e C o m m i s s i o n , t h r o u g h c o r r e s p o n d e n c e o r p r o g r e s s r e p o r t s , i t s p r o g r e s s i n p r o v i d i n g r e q u i r e d S e r v i c e s w i t h i n t h e s c h e d u l e d t i m e p e r i o d s . C o m m i s s i o n s h a l l b e p r o m p t l y i n f o r m e d o f a l l a n t i c i p a t e d d e l a y s . I n t h e e v e n t t h a t C o n s u l t a n t d e t e r m i n e s t h a t a s c h e d u l e m o d i f i c a t i o n i s n e c e s s a r y , C o n s u l t a n t s h a l l p r o m p t l y s u b m i t a r e v i s e d S c h e d u l e o f S e r v i c e s f o r a p p r o v a l b y C o m m i s s i o n ' s R e p r e s e n t a t i v e . 3 . 1 5 . 3 T r e n d M e e t i n g s . C o n s u l t a n t s h a l l c o n d u c t t r e n d m e e t i n g s w i t h t h e C o m m i s s i o n ' s R e p r e s e n t a t i v e a n d o t h e r i n t e r e s t e d p a r t i e s , a s r e q u e s t e d b y t h e C o m m i s s i o n , o n a b i - w e e k l y b a s i s o r a s m a y b e m u t u a l l y s c h e d u l e d b y t h e P a r t i e s a t a s t a n d a r d d a y a n d t i m e . T h e s e t r e n d m e e t i n g s w i l l e n c o m p a s s f o c u s e d a n d i n f o r m a l d i s c u s s i o n s c o n c e r n i n g s c o p e , s c h e d u l e , a n d c u r r e n t p r o g r e s s o f S e r v i c e s , r e l e v a n t c o s t i s s u e s , a n d f u t u r e P r o j e c t o b j e c t i v e s . C o n s u l t a n t s h a l l b e r e s p o n s i b l e f o r t h e p r e p a r a t i o n a n d d i s t r i b u t i o n o f m e e t i n g a g e n d a s t o b e r e c e i v e d b y t h e C o m m i s s i o n a n d o t h e r a t t e n d e e s n o l a t e r t h a n t h r e e ( 3 ) w o r k i n g d a y s p r i o r t o t h e m e e t i n g . 3 . 1 5 . 4 P r o g r e s s R e p o r t s . A s p a r t o f i t s m o n t h l y i n v o i c e , C o n s u l t a n t s h a l l s u b m i t a p r o g r e s s r e p o r t , i n a f o r m d e t e r m i n e d b y t h e C o m m i s s i o n , w h i c h w i l l i n d i c a t e t h e p r o g r e s s a c h i e v e d d u r i n g t h e p r e v i o u s m o n t h i n r e l a t i o n t o t h e S c h e d u l e o f S e r v i c e s . S u b m i s s i o n o f s u c h p r o g r e s s r e p o r t b y C o n s u l t a n t s h a l l b e a c o n d i t i o n p r e c e d e n t t o r e c e i p t o f p a y m e n t f r o m t h e C o m m i s s i o n f o r e a c h m o n t h l y i n v o i c e s u b m i t t e d . 3 . 1 6 D e l a y i n P e r f o r m a n c e . 3 . 1 6 . 1 E x c u s a b l e D e l a y s . S h o u l d C o n s u l t a n t b e d e l a y e d o r p r e v e n t e d f r o m t h e t i m e l y p e r f o r m a n c e o f a n y a c t o r S e r v i c e s r e q u i r e d b y t h e t e r m s o f t h e A g r e e m e n t b y r e a s o n o f a c t s o f G o d o r o f t h e p u b l i c e n e m y , a c t s o r o m i s s i o n s o f t h e C o m m i s s i o n o r o t h e r g o v e r n m e n t a l a g e n c i e s i n e i t h e r t h e i r s o v e r e i g n o r c o n t r a c t u a l c a p a c i t i e s , f i r e s , f l o o d s , e p i d e m i c s , q u a r a n t i n e r e s t r i c t i o n s , s t r i k e s , f r e i g h t e m b a r g o e s o r u n u s u a l l y s e v e r e w e a t h e r , p e r f o r m a n c e o f s u c h a c t s h a l l b e e x c u s e d f o r t h e p e r i o d o f s u c h d e l a y . 3 . 1 6 . 2 W r i t t e n N o t i c e . I f C o n s u l t a n t b e l i e v e s i t i s e n t i t l e d t o a n e x t e n s i o n o f t i m e d u e t o c o n d i t i o n s s e t f o r t h i n s u b s e c t i o n 3 . 1 6 . 1 , C o n s u l t a n t s h a l l p r o - v i d e w r i t t e n n o t i c e t o t h e C o m m i s s i o n w i t h i n s e v e n ( 7 ) w o r k i n g d a y s f r o m t h e t i m e 1 7 3 3 6 . 0 0 6 0 3 \ 8 5 8 1 9 8 1 . 2 2 8 4 Consultant knows, or reasonably should have known, that performance of the Services will be delayed due to such conditions. Failure of Consultant to provide such timely notice shall constitute a waiver by Consultant of any right to an excusable delay in time of performance. 3.16.3 Mutual Agreement. Performance of any Services under this Agreement may be delayed upon mutual agreement of the Parties. Upon such agreement, Consultant's Schedule of Services shall be extended as necessary by the Commission. Consultant shall take all reasonable steps to minimize delay in completion, and additional costs, resulting from any such extension. 3.17 Status of Consultant/Subconsultants. 3.17.1 Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. Commission retains Consultant on an independent contractor basis and not as an employee, agent or representative of the Commission. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries and other amounts due such personnel in connection with their performance of Services and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including but not limited to, social security taxes, income tax withholdings, unemployment insurance, disability insurance, and workers' compensation insurance. 3.17.2 Prevailing Wages. By its execution of this Agreement, Consultant certifies that it is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. The Services hereunder include construction surveying and other services that required the payment of prevailing wage rates. Therefore, Consultant agrees to fully comply with such Prevailing Wage Laws. Copies of the prevailing rate of per diem wages that are on file at the Commission's offices. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the Commission, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Certified Payrolls are to be submitted whenever required by Prevailing Wage laws. 17336.00603\8581981.2 • • 285 " " 3 . 1 7 . 3 A s s i g n m e n t o r T r a n s f e r . C o n s u l t a n t s h a l l n o t a s s i g n , h y p o t h e c a t e , o r t r a n s f e r , e i t h e r d i r e c t l y o r b y o p e r a t i o n o f l a w , t h i s A g r e e m e n t o r a n y i n t e r e s t h e r e i n , w i t h o u t t h e p r i o r w r i t t e n c o n s e n t o f t h e C o m m i s s i o n . A n y a t t e m p t t o d o s o s h a l l b e n u l l a n d v o i d , a n d a n y a s s i g n e e s , h y p o t h e c a t e s o r t r a n s f e r e e s s h a l l a c q u i r e n o r i g h t o r i n t e r e s t b y r e a s o n o f s u c h a t t e m p t e d a s s i g n m e n t , h y p o t h e c a t i o n o r t r a n s f e r . 3 . 1 7 . 4 S u b c o n t r a c t i n g . C o n s u l t a n t s h a l l n o t s u b c o n t r a c t a n y p o r t i o n o f t h e w o r k o r S e r v i c e s r e q u i r e d b y t h i s A g r e e m e n t , e x c e p t a s e x p r e s s l y s t a t e d h e r e i n , w i t h o u t p r i o r w r i t t e n a p p r o v a l o f t h e C o m m i s s i o n . I f C o n s u l t a n t w i s h e s t o u s e a f i r m a s a s u b c o n t r a c t o r w h i c h i s n o t s p e c i f i e d i n t h e p r o p o s a l u p o n w h i c h t h i s A g r e e m e n t w a s a w a r d e d , p r i o r w r i t t e n a p p r o v a l m u s t b e o b t a i n e d f r o m t h e C o m m i s s i o n . T h e S u b c o n t r a c t s , i f a n y , s h a l l c o n t a i n a p r o v i s i o n m a k i n g t h e m s u b j e c t t o a l l p r o v i s i o n s s t i p u l a t e d i n t h i s A g r e e m e n t . C o n s u l t a n t h a s , a s p a r t o f i t s p r o p o s a l , i d e n t i f i e d c e r t a i n c o m p a n i e s / f i r m s t h a t w i l l b e s u b c o n s u l t a n t s u t i l i z e d b y C o n s u l t a n t ( " S u b c o n s u l t a n t s " ) f o r P r o j e c t d e l i v e r y . A l i s t o f s a i d S u b c o n s u l t a n t s i s a t t a c h e d h e r e t o a s E x h i b i t " C " P a r t 2 a n d m a d e a p a r t h e r e o f . T h e C o m m i s s i o n h e r e b y a p p r o v e s t h e u s e b y C o n s u l t a n t o f t h e S u b c o n s u l t a n t s i d e n t i f i e d i n E x h i b i t � C " P a r t 2 . I n t h e e v e n t a n d p r i o r t o t h e r e p l a c e m e n t o f a n y S u b c o n s u l t a n t a p p r o v e d h e r e i n , t h e C o n s u l t a n t s h a l l s e e k a n d o b t a i n t h e C o m m i s s i o n ' s w r i t t e n a p p r o v a l . E x h i b i t " C " P a r t 2 a l s o s e t s f o r t h t h e r a t e s a t w h i c h e a c h S u b c o n s u l t a n t s h a l l b i l l t h e C o n s u l t a n t f o r S e r v i c e s a n d t h a t a r e s u b j e c t t o r e i m b u r s e m e n t b y t h e C o m m i s s i o n t o C o n s u l t a n t . A d d i t i o n a l D i r e c t C o s t s , a s d e f i n e d i n E x h i b i t " C " P a r t 1 s h a l l b e t h e s a m e f o r b o t h t h e C o n s u l t a n t a n d a l l s u b c o n s u l t a n t s , u n l e s s o t h e r w i s e i d e n t i f i e d i n E x h i b i t � C " P a r t 2 . C o n s u l t a n t a c k n o w l e d g e s t h a t a p p r o v a l o f C o n s u l t a n t ' s u t i l i z a t i o n o f t h e i d e n t i f i e d S u b c o n s u l t a n t s t o g e t h e r w i t h t h e i n c o r p o r a t i o n o f S u b c o n s u l t a n t s ' r a t e s c h e d u l e s a n d c o s t p r o p o s a l s i n t o t h i s A g r e e m e n t s h a l l i n n o w a y b e c o n s t r u e d t o c r e a t e a n y c o n t r a c t u a l r e l a t i o n s h i p b e t w e e n a n y S u b c o n s u l t a n t a n d t h e C o m m i s s i o n . T h e S u b c o n s u l t a n t r a t e s c h e d u l e s a n d c o s t p r o p o s a l s c o n t a i n e d h e r e i n a r e f o r a c c o u n t i n g p u r p o s e s o n l y . I n t h e e v e n t t h a t a n y S u b c o n s u l t a n t s h a l l b r i n g a n y a c t i o n , c l a i m o r p r o c e e d i n g p u r p o r t i n g t o e n f o r c e a n y r i g h t p u r p o r t e d l y a r i s i n g u n d e r t h i s A g r e e m e n t , t h e C o n s u l t a n t s h a l l b e r e s p o n s i b l e f o r t h e C o m m i s s i o n ' s r e a s o n a b l e l e g a l f e e s w i t h o u t r e g a r d t o t h e m e r i t s o f a n y s u c h c l a i m . 3 . 1 8 O w n e r s h i p o f M a t e r i a l s / C o n f i d e n t i a l i t y . 3 . 1 8 . 1 D o c u m e n t s & D a t a . T h i s A g r e e m e n t c r e a t e s a n e x c l u s i v e a n d p e r p e t u a l l i c e n s e f o r C o m m i s s i o n t o c o p y , u s e , m o d i f y , r e u s e , o r s u b - l i c e n s e a n y a n d a l l c o p y r i g h t s a n d d e s i g n s e m b o d i e d i n p l a n s , s p e c i f i c a t i o n s , s t u d i e s , d r a w i n g s , e s t i m a t e s , m a t e r i a l s , d a t a a n d o t h e r d o c u m e n t s o r w o r k s o f a u t h o r s h i p f i x e d i n a n y t a n g i b l e m e d i u m o f e x p r e s s i o n , i n c l u d i n g b u t n o t l i m i t e d t o , p h y s i c a l d r a w i n g s o r d a t a m a g n e t i c a l l y o r o t h e r w i s e r e c o r d e d o n c o m p u t e r d i s k e t t e s , w h i c h a r e p r e p a r e d o r c a u s e d t o b e p r e p a r e d b y C o n s u l t a n t u n d e r t h i s A g r e e m e n t ( " D o c u m e n t s & D a t a " ) . 1 7 3 3 6 . 0 0 6 0 3 \ 8 5 8 1 9 8 1 . 2 2 8 6 Consultant shall require all subcontractors to agree in writing that Commission is granted an exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to grant the exclusive and perpetual license for all such Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the Commission. Commission shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at Commission's sole risk. 3.18.2Intellectual Property. In addition, Commission shall have and retain all right, title and interest (including copyright, patent, trade secret and other proprietary rights) .in all plans, specifications, studies, drawings, estimates, materials, data, computer programs or software and source code, enhancements, documents, and any and all works of authorship fixed in any tangible medium or expression, including but not limited to, physical drawings or other data magnetically or otherwise recorded on computer media ("Intellectual Property")` prepared or developed by or on behalf of Consultant under this Agreement as well as any other such Intellectual Property prepared or developed by or on behalf of Consultant under this Agreement. The Commission shall have and retain all right, title and interest in Intellectual Property developed or modified under this Agreement whether or not paid for wholly or in part by Commission, whether or not developed in conjunction with Consultant, and whether or not developed by Consultant. Consultant will execute separate written assignments of any and all rights to the above referenced Intellectual Property upon request of Commission. Consultant shall also be responsible to obtain in writing separate written assignments from any subcontractors or agents of Consultant of any and all right to the above referenced Intellectual Property. Should Consultant, either during or following termination of this Agreement, desire to use any of the above -referenced Intellectual Property, it shall first obtain the written approval of the Commission. All materials and documents which were developed or prepared by the Consultant for general use prior to the execution of this Agreement and which are not the copyright of any other party or publicly available and any other computer applications, shall continue to be the property of the Consultant. However, unless otherwise identified and stated prior to execution of this Agreement, Consultant represents and warrants that it has the right to grant the exclusive and perpetual license for all such Intellectual Property as provided herein. 17336.00603\8581981.2 • 287 " " C o m m i s s i o n f u r t h e r i s g r a n t e d b y C o n s u l t a n t a n o n - e x c l u s i v e a n d p e r p e t u a l l i c e n s e t o c o p y , u s e , m o d i f y o r s u b - l i c e n s e a n y a n d a l l I n t e l l e c t u a l P r o p e r t y o t h e r w i s e o w n e d b y C o n s u l t a n t w h i c h i s t h e b a s i s o r f o u n d a t i o n f o r a n y d e r i v a t i v e , c o l l e c t i v e , i n s u r r e c t i o n a l , o r s u p p l e m e n t a l w o r k c r e a t e d u n d e r t h i s A g r e e m e n t . 3 . 1 8 . 3 C o n f i d e n t i a l i t y . A l l i d e a s , m e m o r a n d a , s p e c i f i c a t i o n s , p l a n s , p r o c e d u r e s , d r a w i n g s , d e s c r i p t i o n s , c o m p u t e r p r o g r a m d a t a , i n p u t r e c o r d d a t a , w r i t t e n i n f o r m a t i o n , a n d o t h e r D o c u m e n t s a n d D a t a e i t h e r c r e a t e d b y o r p r o v i d e d t o C o n s u l t a n t i n c o n n e c t i o n w i t h t h e p e r f o r m a n c e o f t h i s A g r e e m e n t s h a l l b e h e l d c o n f i d e n t i a l b y C o n s u l t a n t . S u c h m a t e r i a l s s h a l l n o t , w i t h o u t t h e p r i o r w r i t t e n c o n s e n t o f C o m m i s s i o n , b e u s e d b y C o n s u l t a n t f o r a n y p u r p o s e s o t h e r t h a n t h e p e r f o r m a n c e o f t h e S e r v i c e s . N o r s h a l l s u c h m a t e r i a l s b e d i s c l o s e d t o a n y p e r s o n o r e n t i t y n o t c o n n e c t e d w i t h t h e p e r f o r m a n c e o f t h e S e r v i c e s o r t h e P r o j e c t . N o t h i n g f u r n i s h e d t o C o n s u l t a n t w h i c h i s o t h e r w i s e k n o w n t o C o n s u l t a n t o r i s g e n e r a l l y k n o w n , o r h a s b e c o m e k n o w n , t o t h e r e l a t e d i n d u s t r y s h a l l b e d e e m e d c o n f i d e n t i a l . C o n s u l t a n t s h a l l n o t u s e C o m m i s s i o n ' s n a m e o r i n s i g n i a , p h o t o g r a p h s o f t h e P r o j e c t , o r a n y p u b l i c i t y p e r t a i n i n g t o t h e S e r v i c e s o r t h e P r o j e c t i n a n y m a g a z i n e , t r a d e p a p e r , n e w s p a p e r , t e l e v i s i o n o r r a d i o p r o d u c t i o n o r o t h e r s i m i l a r m e d i u m w i t h o u t t h e p r i o r w r i t t e n c o n s e n t o f C o m m i s s i o n . 3 . 1 8 . 4 l n f r i n g e m e n t I n d e n a l l f i c a i n . C o n s u l t a n t s h a l l d e f e n d , i n d e m n i f y a n d h o l d t h e C o m m i s s i o n , i t s d i r e c t o r s , o f f i c i a l s , o f f i c e r s , e m p l o y e e s , v o l u n t e e r s a n d a g e n t s f r e e a n d h a r m l e s s , p u r s u a n t t o t h e i n d e m n i f i c a t i o n p r o v i s i o n s o f t h i s A g r e e m e n t , f o r a n y a l l e g e d i n f r i n g e m e n t o f a n y p a t e n t , c o p y r i g h t , t r a d e s e c r e t , t r a d e n a m e , t r a d e m a r k , o r a n y o t h e r p r o p r i e t a r y r i g h t o f a n y p e r s o n o r e n t i t y i n c o n s e q u e n c e o f t h e u s e o n t h e P r o j e c t b y C o m m i s s i o n o f t h e D o c u m e n t s & D a t a , i n c l u d i n g a n y m e t h o d , p r o c e s s , p r o d u c t , o r c o n c e p t s p e c i f i e d o r d e p i c t e d . 3 . 1 9 I n d e m n i f i c a t i o n . T o t h e f u l l e s t e x t e n t p e r m i t t e d b y l a w , C o n s u l t a n t s h a l l d e f e n d , i n d e m n i f y a n d h o l d C o m m i s s i o n , i t s d i r e c t o r s , o f f i c i a l s , o f f i c e r s , e m p l o y e e s , c o n s u l t a n t s , v o l u n t e e r s , a n d a g e n t s f r e e a n d h a r m l e s s f r o m a n y a n d a l l c l a i m s , d e m a n d s , c a u s e s o f a c t i o n , c o s t s , e x p e n s e s , l i a b i l i t y , l o s s , d a m a g e o r i n j u r y , i n l a w o r e q u i t y , t o p r o p e r t y o r p e r s o n s , i n c l u d i n g w r o n g f u l d e a t h , i n a n y m a n n e r a r i s i n g o u t o f o r i n c i d e n t t o a l l e g e d n e g l i g e n t a c t s , o m i s s i o n s , o r w i l l f u l m i s c o n d u c t o f C o n s u l t a n t , i t s o f f i c i a l s , o f f i c e r s , e m p l o y e e s , a g e n t s , c o n s u l t a n t s , a n d c o n t r a c t o r s a r i s i n g o u t o f o r i n c o n n e c t i o n w i t h t h e p e r f o r m a n c e o f t h e S e r v i c e s , t h e P r o j e c t o r t h i s A g r e e m e n t , i n c l u d i n g w i t h o u t l i m i t a t i o n t h e p a y m e n t o f c o n s e q u e n t i a l d a m a g e s , e x p e r t w i t n e s s f e e s , a n d a t t o r n e y s f e e s a n d o t h e r r e l a t e d c o s t s a n d e x p e n s e s . C o n s u l t a n t s h a l l d e f e n d , a t C o n s u l t a n t ' s o w n c o s t , e x p e n s e a n d r i s k , a n y a n d a l l s u c h a f o r e s a i d s u i t s , a c t i o n s o r o t h e r l e g a l p r o c e e d i n g s o f e v e r y k i n d t h a t m a y b e b r o u g h t o r i n s t i t u t e d a g a i n s t C o m m i s s i o n , i t s d i r e c t o r s , o f f i c i a l s , o f f i c e r s , e m p l o y e e s , c o n s u l t a n t s , a g e n t s , o r v o l u n t e e r s . C o n s u l t a n t s h a l l p a y a n d s a t i s f y a n y j u d g m e n t , a w a r d o r d e c r e e t h a t m a y b e r e n d e r e d a g a i n s t C o m m i s s i o n o r i t s d i r e c t o r s , o f f i c i a l s , o f f i c e r s , e m p l o y e e s , c o n s u l t a n t s , a g e n t s , o r v o l u n t e e r s , i n a n y s u c h s u i t , a c t i o n o r o t h e r l e g a l p r o c e e d i n g . C o n s u l t a n t s h a l l r e i m b u r s e C o m m i s s i o n a n d i t s d i r e c t o r s , o f f i c i a l s , o f f i c e r s , e m p l o y e e s , c o n s u l t a n t s , a g e n t s , a n d / o r v o l u n t e e r s , f o r a n y a n d a l l l e g a l e x p e n s e s a n d c o s t s , i n c l u d i n g r e a s o n a b l e a t t o r n e y ' s f e e s , i n c u r r e d b y e a c h o f t h e m i n c o n n e c t i o n t h e r e w i t h 1 7 3 3 6 . 0 0 6 0 3 \ 8 5 8 1 9 8 1 . 2 2 8 8 or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Commission, its directors, officials officers, employees, consultants, agents, or volunteers. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant's obligations as set forth in this Section 3.19 shall survive expiration or termination of this Agreement. 3.20 Insurance. 3.20,1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the Commission that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. 3.20.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the 'Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) if Consultant has employees, Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal and advertising injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $1,000,000 per accident for bodily injury or disease. 3.20.3 Professional Liability. Consultant shall procure and maintain, and require its subconsultants to procure and maintain, for a period of five (5) 17336.00603\8581981.2 289 " y e a r s f o l l o w i n g c o m p l e t i o n o f t h e P r o j e c t , e r r o r s a n d o m i s s i o n s l i a b i l i t y i n s u r a n c e a p p r o p r i a t e t o t h e i r p r o f e s s i o n . S u c h i n s u r a n c e s h a l l b e i n a n a m o u n t n o t l e s s t h a n $ 2 , 0 0 0 , 0 0 0 p e r c l a i m . 3 . 2 0 . 4 A i r c r a f t L i a b i l i t y I n s u r a n c e . P r i o r t o t h e d i r e c t o r i n d i r e c t u s e o f a n y c i v i l a i r c r a f t t o p r o v i d e S e r v i c e s u n d e r t h i s A g r e e m e n t , C o n s u l t a n t s h a l l p r o c u r e a n d m a i n t a i n , o r c a u s e t o b e p r o c u r e d a n d m a i n t a i n e d , a i r c r a f t l i a b i l i t y i n s u r a n c e o r e q u i v a l e n t f o r m , w i t h a s i n g l e l i m i t o f n o t l e s s t h a n $ 5 , 0 0 0 , 0 0 0 p e r e a c h o c c u r r e n c e . S u c h i n s u r a n c e s h a l l i n c l u d e c o v e r a g e f o r o w n e d , h i r e d a n d n o n - o w n e d a i r c r a f t a n d p a s s e n g e r s , a n d s h a l l n a m e , o r b e e n d o r s e d t o n a m e , t h e C o m m i s s i o n , i t s d i r e c t o r s , o f f i c i a l s , o f f i c e r s , e m p l o y e e s , c o n s u l t a n t s a n d a g e n t s a s a d d i t i o n a l i n s u r e d s w i t h r e s p e c t t o t h e S e r v i c e s o r o p e r a t i o n s p e r f o r m e d b y o r o n b e h a l f o f t h e C o n s u l t a n t . 3 . 2 0 . 5 I n s u r a n c e E n d o r s e m e n t s . T h e i n s u r a n c e p o l i c i e s s h a l l c o n t a i n t h e f o l l o w i n g p r o v i s i o n s , o r C o n s u l t a n t s h a l l p r o v i d e e n d o r s e m e n t s o n f o r m s a p p r o v e d b y t h e C o m m i s s i o n t o a d d t h e f o l l o w i n g p r o v i s i o n s t o t h e i n s u r a n c e p o l i c i e s : ( A ) G e n e r a l L i a b i l i t y . T h e g e n e r a l l i a b i l i t y p o l i c y s h a l l b e e n d o r s e d t o s t a t e t h a t : ( 1 ) t h e C o m m i s s i o n , i t s d i r e c t o r s , o f f i c i a l s , o f f i c e r s , e m p l o y e e s a n d a g e n t s s h a l l b e c o v e r e d a s a d d i t i o n a l i n s u r e d s w i t h r e s p e c t t o t h e S e r v i c e s o r o p e r a t i o n s p e r f o r m e d b y o r o n b e h a l f o f t h e C o n s u l t a n t , i n c l u d i n g m a t e r i a l s , p a r t s o r e q u i p m e n t f u r n i s h e d i n c o n n e c t i o n w i t h s u c h w o r k ; a n d ( 2 ) t h e i n s u r a n c e c o v e r a g e s h a l l b e p r i m a r y i n s u r a n c e a s r e s p e c t s t h e C o m m i s s i o n , i t s d i r e c t o r s , o f f i c i a l s , o f f i c e r s , e m p l o y e e s a n d a g e n t s , o r i f e x c e s s , s h a l l s t a n d i n a n u n b r o k e n c h a i n o f c o v e r a g e e x c e s s o f t h e C o n s u l t a n t ' s s c h e d u l e d u n d e r l y i n g c o v e r a g e . A n y i n s u r a n c e o r s e l f - i n s u r a n c e m a i n t a i n e d b y t h e C o m m i s s i o n , i t s d i r e c t o r s , o f f i c i a l s , o f f i c e r s , e m p l o y e e s a n d a g e n t s s h a l l b e e x c e s s o f t h e C o n s u l t a n t ' s i n s u r a n c e a n d s h a l l n o t b e c a l l e d u p o n t o c o n t r i b u t e w i t h i t i n a n y w a y . ( l 3 ) A u t o m o b i l e L i a b i l i t y . T h e a u t o m o b i l e l i a b i l i t y p o l i c y s h a l l b e e n d o r s e d t o s t a t e t h a t : ( 1 ) t h e C o m m i s s i o n , i t s d i r e c t o r s , o f f i c i a l s , o f f i c e r s , e m p l o y e e s a n d a g e n t s s h a l l b e c o v e r e d a s a d d i t i o n a l i n s u r e d s w i t h r e s p e c t t o t h e o w n e r s h i p , o p e r a t i o n , m a i n t e n a n c e , u s e , l o a d i n g o r u n l o a d i n g o f a n y a u t o o w n e d , L e a s e d , h i r e d o r b o r r o w e d b y t h e C o n s u l t a n t o r f o r w h i c h t h e C o n s u l t a n t i s r e s p o n s i b l e ; a n d ( 2 ) t h e i n s u r a n c e c o v e r a g e s h a l l b e p r i m a r y i n s u r a n c e a s r e s p e c t s t h e C o m m i s s i o n , i t s d i r e c t o r s , o f f i c i a l s , o f f i c e r s , e m p l o y e e s a n d a g e n t s , o r i f e x c e s s , s h a l l s t a n d i n a n u n b r o k e n c h a i n o f c o v e r a g e e x c e s s o f t h e C o n s u l t a n t ' s s c h e d u l e d u n d e r l y i n g c o v e r a g e . A n y i n s u r a n c e o r s e l f - i n s u r a n c e m a i n t a i n e d b y t h e C o m m i s s i o n , i t s d i r e c t o r s , o f f i c i a l s , o f f i c e r s , e m p l o y e e s a n d a g e n t s s h a l l b e e x c e s s o f t h e C o n s u l t a n t ' s i n s u r a n c e a n d s h a l l n o t b e c a l l e d u p o n t o c o n t r i b u t e w i t h i t i n a n y w a y . ( C ) W o r k e r s ' C o m p e n s a t i o n a n d E m p l o y e r s L i a b i l i t y C o v e r a g e . T h e i n s u r e r s h a l l a g r e e t o w a i v e a l l r i g h t s o f s u b r o g a t i o n a g a i n s t t h e C o m m i s s i o n , i t s d i r e c t o r s , o f f i c i a l s , o f f i c e r s , e m p l o y e e s a n d a g e n t s f o r l o s s e s p a i d u n d e r t h e t e r m s o f t h e i n s u r a n c e p o l i c y w h i c h a r i s e f r o m w o r k p e r f o r m e d b y t h e C o n s u l t a n t . 1 7 3 3 6 . 0 0 6 0 3 \ 8 5 8 1 9 8 1 . 2 2 9 0 (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Commission; and (B) any failure to comply with reporting or other provisions of the policies, including' breaches of warranties, shall not affect coverage provided to the Commission, its directors, officials, officers, employees and agents. 3.20.6 Deductibles and Self -Insurance Retentions. Any deductibles or self -insured retentions must be declared to and approved by the Commission. If the Commission does not approve the deductibles or self -insured retentions as presented, Consultant shall guarantee that, at the option of the Commission, either: (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the Commission, its directors, officials, officers, employees and agents; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.20.7 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the Commission, its directors, officials, officers, employees, and agents. 3.20.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the Commission. 3.20.9 Verification of Coverage. Consultant shall furnish Commission with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the Commission. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverageon its behalf. All certificates and endorsements must be received and approved by the Commission before work commences. The Commission reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.20.10 Other Insurance. At its option, the Commission may require such additional coverage(s), limits and/or the reduction of deductibles or retentions it considers reasonable and prudent based upon risk factors that may directly or indirectly impact the Project. In retaining this option Commission does not warrant Consultant's insurance program to be adequate. Consultant shall have the right to purchase insurance in addition to the insurance required in this Section. 3.21 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the 17336.00603\8581981.2 291 " C o n s u l t a n t s h a l l a t a l l t i m e s b e i n c o m p l i a n c e w i t h a l l a p p l i c a b l e l o c a l , s t a t e a n d f e d e r a l l a w s , r u l e s a n d r e g u l a t i o n s , a n d s h a l l e x e r c i s e a l l n e c e s s a r y p r e c a u t i o n s f o r t h e s a f e t y o f e m p l o y e e s a p p r o p r i a t e t o t h e n a t u r e o f t h e w o r k a n d t h e c o n d i t i o n s u n d e r w h i c h t h e w o r k i s t o b e p e r f o r m e d . S a f e t y p r e c a u t i o n s a s a p p l i c a b l e s h a l l i n c l u d e , b u t s h a l l n o t b e l i m i t e d t o : ( A ) a d e q u a t e l i f e p r o t e c t i o n a n d l i f e s a v i n g e q u i p m e n t a n d p r o c e d u r e s ; ( B ) i n s t r u c t i o n s i n a c c i d e n t p r e v e n t i o n f o r a l l e m p l o y e e s a n d s u b c o n t r a c t o r s , s u c h a s s a f e w a l k w a y s , s c a f f o l d s , f a l l p r o t e c t i o n l a d d e r s , b r i d g e s , g a n g p l a n k s , c o n f i n e d s p a c e p r o c e d u r e s , t r e n c h i n g a n d s h o r i n g , e q u i p m e n t a n d o t h e r s a f e t y d e v i c e s , e q u i p m e n t a n d w e a r i n g a p p a r e l a s a r e n e c e s s a r y o r l a w f u l l y r e q u i r e d t o p r e v e n t a c c i d e n t s o r i n j u r i e s ; a n d ( C ) a d e q u a t e f a c i l i t i e s f o r t h e p r o p e r i n s p e c t i o n a n d m a i n t e n a n c e o f a l l s a f e t y m e a s u r e s . 3 . 2 2 F e e s a n d P a y m e n t . 3 . 2 2 . 1 C o m p e n s a t i o n . C o n s u l t a n t s h a l l r e c e i v e c o m p e n s a t i o n , i n c l u d i n g a u t h o r i z e d r e i m b u r s e m e n t s , f o r a l l S e r v i c e s r e n d e r e d u n d e r t h i s A g r e e m e n t a t t h e r a t e s s e t f o r t h i n E x h i b i t " C " a t t a c h e d h e r e t o a n d i n c o r p o r a t e d h e r e i n b y r e f e r e n c e . T h e T o t a l C o m p e n s a t i o n s h a l l b e o n t h e b a s i s o f d i r e c t c o s t s p l u s a f i x e d f e e a s f u r t h e r s e t f o r t h i n E x h i b i t " C " a n d i s n o t t o e x c e e d $ [ I N S E R T D O L L A R A M O U N T ] . " " 3 . 2 2 . 2 P a y m e n t o f C o m p e n s a t i o n . C o n s u l t a n t s h a l l s u b m i t a m o n t h l y i t e m i z e d s t a t e m e n t w h i c h i n d i c a t e s w o r k c o m p l e t e d a n d h o u r s o f S e r v i c e s r e n d e r e d b y C o n s u l t a n t . T h e s t a t e m e n t s h a l l d e s c r i b e t h e a m o u n t o f S e r v i c e s a n d s u p p l i e s p r o v i d e d s i n c e t h e i n i t i a l c o m m e n c e m e n t d a t e , o r s i n c e t h e s t a r t o f t h e s u b s e q u e n t b i l l i n g p e r i o d s , a s a p p r o p r i a t e , t h r o u g h t h e d a t e o f t h e S t a t e m e n t . C h a r g e s s p e c i f i c t o e a c h M i l e s t o n e l i s t e d i n t h e S c h e d u l e o f S e r v i c e s s h a l l b e l i s t e d s e p a r a t e l y o n a n a t t a c h m e n t t o e a c h s t a t e m e n t . E a c h s t a t e m e n t s h a l l b e a c c o m p a n i e d b y a m o n t h l y p r o g r e s s r e p o r t a n d s p r e a d s h e e t s s h o w i n g h o u r s e x p e n d e d f o r e a c h t a s k f o r e a c h m o n t h a n d t h e t o t a l P r o j e c t t o d a t e . E a c h s t a t e m e n t s h a l l i n c l u d e a c o v e r s h e e t b e a r i n g a c e r t i f i c a t i o n a s t o t h e a c c u r a c y o f t h e s t a t e m e n t s i g n e d b y t h e C o n s u l t a n t ' s P r o j e c t M a n a g e r o r o t h e r a u t h o r i z e d o f f i c e r . 3 . 2 2 . 3 A d d i t i o n a l W o r k . A n y w o r k o r a c t i v i t i e s t h a t a r e i n a d d i t i o n t o , o r o t h e r w i s e o u t s i d e o f , t h e S e r v i c e s t o b e p e r f o r m e d p u r s u a n t t o t h i s A g r e e m e n t s h a l l o n l y b e p e r f o r m e d p u r s u a n t t o a s e p a r a t e a g r e e m e n t b e t w e e n t h e p a r t i e s . N o t w i t h s t a n d i n g t h e f o r e g o i n g , t h e C o m m i s s i o n ' s E x e c u t i v e D i r e c t o r m a y m a k e a c h a n g e t o t h e A g r e e m e n t , o t h e r t h a n a C a r d i n a l C h a n g e . F o r p u r p o s e s o f t h i s A g r e e m e n t , a C a r d i n a l C h a n g e i s a c h a n g e w h i c h i s " o u t s i d e t h e s c o p e " o f t h e A g r e e m e n t ; i n o t h e r w o r d s , w o r k w h i c h s h o u l d n o t b e r e g a r d e d a s h a v i n g b e e n f a i r l y a n d r e a s o n a b l y w i t h i n t h e c o n t e m p l a t i o n o f t h e p a r t i e s w h e n t h e A g r e e m e n t w a s e n t e r e d i n t o . A n e x a m p l e o f a c h a n g e w h i c h i s n o t a C a r d i n a l C h a n g e w o u l d b e w h e r e , i n a c o n t r a c t t o c o n s t r u c t a b u i l d i n g t h e r e a r e m a n y c h a n g e s i n t h e m a t e r i a l s u s e d , b u t t h e s i z e a n d l a y o u t o f t h e b u i l d i n g r e m a i n s t h e s a m e . ( a ) I n a d d i t i o n t o t h e c h a n g e s a u t h o r i z e d a b o v e , a m o d i f i c a t i o n w h i c h i s s i g n e d b y C o n s u l t a n t a n d t h e C o m m i s s i o n ' s E x e c u t i v e D i r e c t o r , 1 7 3 3 6 . 0 0 6 0 3 \ 8 5 8 1 9 8 1 . 2 2 9 2 other than a Cardinal Change, may be made in order to: (1) make a negotiated equitable adjustment to the Agreement price, delivery schedule and other terms resulting from the issuance of a Change Order, (2) reflect definitive letter contracts, and (3) reflect other agreements of the parties modifying the terms of this Agreement ("Bilateral Contract Modification"). (b) Consultant shall not perform, nor be compensated for any change, without written authorization from the Commission's Executive Director as set forth herein. In the event such a change authorization is not issued and signed by the Commission's Executive Director, Consultant shall not provide such change. 3.22.4 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by the Commission's Representative. 3.23 Prohibited Interests. 3.23.1 Solicitation. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the Commission shall have the right to rescind this Agreement without liability. 3.23.2 Conflict of interest. For the term of this Agreement, no member, officer or employee of the Commission, during the term of his or her service with the Commission, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.23.3 Conflict of Employment. Employment by the Consultant of personnel currently on the payroll of the Commission shall not be permitted in the performance of this Agreement, even though such employment may occur outside of the employee's regular working hours or on weekends, holidays or vacation time. Further, the employment by the Consultant of personnel who have been on the Commission payroll within one year prior to the date of execution of this Agreement, where this employment is caused by and or dependent upon the Consultant securing this or related Agreements with the Commission, is prohibited. 3.23.4 Covenant Against Contingent Fees. As required in connection with Proposition 1 B funding, the Consultant warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this Agreement, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent 17336.00603\8581981.2 • 293 " " u p o n o r r e s u l t i n g f r o m t h e a w a r d o r f o r m a t i o n o f t h i s A g r e e m e n t . F o r b r e a c h o r v i o l a t i o n o f t h i s w a r r a n t y , t h e C o m m i s s i o n s h a l l h a v e t h e r i g h t t o t e r m i n a t e t h i s A g r e e m e n t w i t h o u t l i a b i l i t y p u r s u a n t t o S e c t i o n 3 . 1 4 , o r a t i t s d i s c r e t i o n t o d e d u c t f r o m t h e A g r e e m e n t p r i c e o r c o n s i d e r a t i o n , o r o t h e r w i s e r e c o v e r , t h e f u l l a m o u n t o f s u c h f e e , c o m m i s s i o n , p e r c e n t a g e , b r o k e r a g e f e e , g i f t , o r c o n t i n g e n t f e e . 3 . 2 3 . 5 C o v e n a n t A g a i n s t E x p e n d i t u r e o f L o c a l A g e n c y , S t a t e o r F e d e r a l F u n d s f o r L o b b y i n g . T h e C o n s u l t a n t c e r t i f i e s t h a t t o t h e b e s t o f h i s / h e r k n o w l e d g e a n d b e l i e f n o s t a t e , f e d e r a l o r l o c a l a g e n c y a p p r o p r i a t e d f u n d s h a v e b e e n p a i d , o r w i l l b e p a i d b y o r o n b e h a l f o f t h e C o n s u l t a n t t o a n y p e r s o n f o r t h e p u r p o s e o f i n f l u e n c i n g o r a t t e m p t i n g t o i n f l u e n c e a n o f f i c e r o r e m p l o y e e o f a n y s t a t e o r f e d e r a l a g e n c y ; a M e m b e r o f t h e S t a t e L e g i s l a t u r e o r U n i t e d S t a t e s C o n g r e s s ; a n o f f i c e r o r e m p l o y e e o f t h e L e g i s l a t u r e o r C o n g r e s s ; o r a n y e m p l o y e e o f a M e m b e r o f t h e L e g i s l a t u r e o r C o n g r e s s , i n c o n n e c t i o n w i t h t h e a w a r d o f a n y s t a t e o r f e d e r a l c o n t r a c t , g r a n t , l o a n , o r c o o p e r a t i v e a g r e e m e n t , o r t h e e x t e n s i o n , c o n t i n u a t i o n , r e n e w a l , a m e n d m e n t , o r m o d i f i c a t i o n o f a n y s t a t e o r f e d e r a l c o n t r a c t , g r a n t , l o a n , o r c o o p e r a t i v e a g r e e m e n t . a ) I f a n y f u n d s o t h e r t h a n f e d e r a l a p p r o p r i a t e d f u n d s h a v e b e e n p a i d , o r w i l l b e p a i d t o a n y p e r s o n f o r t h e p u r p n s e o f i n f l u e n c i n g o r a t t e m p t i n g t o i n f l u e n c e a n o f f i c e r o r e m p l o y e e o f a n y f e d e r a l a g e n c y ; a M e m b e r o f C o n g r e s s ; a n o f f i c e r o r e m p l o y e e o f C o n g r e s s , o r a n e m p l o y e e o f a M e m b e r o f C o n g r e s s ; i n c o n n e c t i o n w i t h t h i s A g r e e m e n t , t h e C o n s u l t a n t s h a l l c o m p l e t e a n d s u b m i t t h e a t t a c h e d E x h i b i t " F " , S t a n d a r d F o r m - L L L , " D i s c l o s u r e F o r m t o R e p o r t L o b b y i n g , " i n a c c o r d a n c e w i t h t h e a t t a c h e d i n s t r u c t i o n s . b ) T h e C o n s u l t a n t ' s c e r t i f i c a t i o n p r o v i d e d i n t h i s s e c t i o n i s a m a t e r i a l r e p r e s e n t a t i o n o f f a c t u p o n w h i c h r e l i a n c e w a s p l a c e d w h e n t h i s A g r e e m e n t w a s e n t e r e d i n t o , a n d i s a p r e r e q u i s i t e f o r e n t e r i n g i n t o t h i s A g r e e m e n t p u r s u a n t t o S e c t i o n 1 3 5 2 , T i t l e 3 1 , U S . C o d e . F a i l u r e t o c o m p l y w i t h t h e r e s t r i c t i o n s o n e x p e n d i t u r e s , o r t h e d i s c l o s u r e a n d c e r t i f i c a t i o n r e q u i r e m e n t s s e t f o r t h i n S e c t i o n 1 3 5 2 , T i t l e 3 1 , U S . C o d e m a y r e s u l t i n a c i v i l p e n a l t y o f n o t l e s s t h a n $ 1 0 , 0 0 0 a n d n o t m o r e t h a n $ 1 0 0 , 0 0 0 f o r e a c h s u c h f a i l u r e . c ) T h e C o n s u l t a n t a l s o a g r e e s b y s i g n i n g t h i s A g r e e m e n t t h a t h e / s h e s h a l l r e q u i r e t h a t t h e l a n g u a g e s e t f o r t h i n t h i s S e c t i o n 3 . 2 3 . 5 b e i n c l u d e d i n a l l C o n s u l t a n t s u b c o n t r a c t s w h i c h e x c e e d $ 1 0 0 , 0 0 0 , a n d t h a t a l l s u c h s u b c o n t r a c t o r s s h a l l c e r t i f y a n d d i s c l o s e a c c o r d i n g l y . 3 . 2 3 . 6 E m p l o y m e n t A d v e r s e t o t h e C o m m i s s i o n . C o n s u l t a n t s h a l l n o t i f y t h e C o m m i s s i o n , a n d s h a l l o b t a i n t h e C o m m i s s i o n ' s w r i t t e n c o n s e n t , p r i o r t o a c c e p t i n g w o r k t o a s s i s t w i t h o r p a r t i c i p a t e i n a t h i r d - p a r t y l a w s u i t o r o t h e r l e g a l o r a d m i n i s t r a t i v e p r o c e e d i n g a g a i n s t t h e C o m m i s s i o n d u r i n g t h e t e r m o f t h i s A g r e e m e n t . 3 . 2 4 A c c o u n t i n g R e c o r d s . C o n s u l t a n t s h a l l m a i n t a i n c o m p l e t e a n d a c c u r a t e r e c o r d s w i t h r e s p e c t t o a l l c o s t s a n d e x p e n s e s i n c u r r e d a n d f e e s c h a r g e d 1 7 3 3 6 . 0 0 6 0 3 \ 8 5 8 1 9 8 1 . 2 2 9 4 under this Agreement. As required in connection with Proposition 1 B funding, the Federal Acquisition Regulations in Title 48, CFR 31 shall be the governing factors regarding allowable elements of cost. All such records shall be clearly identifiable. The accounting system of Consultant and each subconsultant under it shall conform to Generally Accepted Accounting Principles (GAAP). Consultant shall allow a representative of the Commission, the State, the California State Auditor or any duly authorized representative of the State during normal business hours to examine, audit, and make transcripts or copies of any and all ledgers and books of account, invoices, vouchers, canceled checks, and any other records or documents created pursuant to this Agreement. All such information shall be retained by Consultant for at least three (3) years following termination of this Agreement. Following final settlement of the contract accounts with Caltrans under this Agreement, such records and documents may be microfilmed at the option of the Commission, but in any event shall be retained for said three (3) year period after processing of the final voucher by Caltrans. Consultant and each subconsultant will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by the State, for the purpose of any investigation to ascertain compliance with Proposition 1 B funding requirements. Any project cost for which the Consultant has received payment that are determined by subsequent audit to be unallowable under 2 CFR 225, 48 CFR, Chapter 1, Part 31 or 49 CFR, Part 18, are subject to repayment by the Consultant to the State by and through the Commission. Should the Consultant fail to repay moneys due to the State within thirty (30) days of demand, or within such other period as may be agreed in writing between the Parties hereto, the Commission is authorized to intercept and withhold future payments due the Consultant hereunder. 3.25 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 3.26 Right to Employ Other Consultants. Commission reserves the right to employ other consultants in connection with the Project. Consultant shall cooperate fully with any other consultant engaged by the Commission on the Project. 3.27 Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. Venue shall be in Riverside County. 3.28 Attorneys' Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and, all other costs of such actions. 17336.00603\8581981.2 295 " " " 3 . 2 9 T i m e o f E s s e n c e . T i m e i s o f t h e e s s e n c e f o r e a c h a n d e v e r y p r o v i s i o n o f t h i s A g r e e m e n t . 3 . 3 0 H e a d i n g s . A r t i c l e a n d S e c t i o n H e a d i n g s , p a r a g r a p h c a p t i o n s o r m a r g i n a l h e a d i n g s c o n t a i n e d i n t h i s A g r e e m e n t a r e f o r c o n v e n i e n c e o n l y a n d s h a l l h a v e n o e f f e c t i n t h e c o n s t r u c t i o n o r i n t e r p r e t a t i o n o f a n y p r o v i s i o n h e r e i n . 3 . 3 1 N o t i c e s . A l l n o t i c e s p e r m i t t e d o r r e q u i r e d u n d e r t h i s A g r e e m e n t s h a l l b e g i v e n t o t h e r e s p e c t i v e p a r t i e s a t t h e f o l l o w i n g a d d r e s s , o r a t s u c h o t h e r a d d r e s s a s t h e r e s p e c t i v e p a r t i e s m a y p r o v i d e i n w r i t i n g f o r t h i s p u r p o s e : C O N S U L T A N T : A t t n : C O M M I S S I O N : R i v e r s i d e C o u n t y T r a n s p o r t a t i o n C o m m i s s i o n 4 0 8 0 L e m o n S t r e e t , 3 ` d F l o o r R i v e r s i d e , C A 9 2 5 0 1 A t t n : E x e c u t i v e D i r e c t o r S u c h n o t i c e s h a l l h e d e e m e d m a d e w h e n p e r s o n a l l y d e l i v e r e d o r w h e n m a i l e d , f o r t y - e i g h t ( 4 8 ) h o u r s a f t e r d e p o s i t i n t h e U . S . m a i l , f i r s t c l a s s p o s t a g e p r e p a i d , a n d a d d r e s s e d t o t h e p a r t y a t i t s a p p l i c a b l e a d d r e s s . A c t u a l n o t i c e s h a l l b e d e e m e d a d e q u a t e n o t i c e o n t h e d a t e a c t u a l n o t i c e o c c u r r e d , r e g a r d l e s s o f t h e m e t h o d o f s e r v i c e . 3 . 3 2 C o n f l i c t i n g P r o v i s i o n s . I n t h e e v e n t t h a t p r o v i s i o n s o f a n y a t t a c h e d e x h i b i t s c o n f l i c t i n a n y w a y w i t h t h e p r o v i s i o n s s e t f o r t h i n t h i s A g r e e m e n t , t h e l a n g u a g e , t e r m s a n d c o n d i t i o n s c o n t a i n e d i n t h i s A g r e e m e n t s h a l l c o n t r o l t h e a c t i o n s a n d o b l i g a t i o n s o f t h e P a r t i e s a n d t h e i n t e r p r e t a t i o n o f t h e P a r t i e s ' u n d e r s t a n d i n g c o n c e r n i n g t h e p e r f o r m a n c e o f t h e S e r v i c e s . 3 . 3 3 A m e n d m e n t o r M o d i f i c a t i o n . N o s u p p l e m e n t , m o d i f i c a t i o n , o r a m e n d m e n t o f t h i s A g r e e m e n t s h a l l b e b i n d i n g u n l e s s e x e c u t e d i n w r i t i n g a n d s i g n e d b y b o t h P a r t i e s . 3 . 3 4 E n t i r e A g r e e m e n t . T h i s A g r e e m e n t c o n t a i n s t h e e n t i r e a g r e e m e n t o f t h e P a r t i e s r e l a t i n g t o t h e s u b j e c t m a t t e r h e r e o f a n d s u p e r s e d e s a l l p r i o r n e g o t i a t i o n s , a g r e e m e n t s o r u n d e r s t a n d i n g s . 3 . 3 5 I n v a l i d i t y ; S e v e r a b i l i t y . I f a n y p o r t i o n o f t h i s A g r e e m e n t i s d e c l a r e d i n v a l i d , i l l e g a l , o r o t h e r w i s e u n e n f o r c e a b l e b y a c o u r t o f c o m p e t e n t j u r i s d i c t i o n , t h e r e m a i n i n g p r o v i s i o n s s h a l l c o n t i n u e i n f u l l f o r c e a n d e f f e c t . 3 . 3 6 P r o v i s i o n s A p p l i c a b l e W h e n P r o p o s i t i o n 1 B F u n d s A r e I n v o l v e d . W h e n f u n d i n g f o r t h e S e r v i c e s p r o v i d e d b y t h i s A g r e e m e n t a r e p r o v i d e d , i n w h o l e o r i n p a r t , f r o m P r o p o s i t i o n 1 B f u n d s , C o n s u l t a n t s h a l l f u l l y a n d a d e q u a t e l y c o m p l y w i t h t h e 1 7 3 3 6 . 0 0 6 0 3 \ 8 5 8 1 9 8 1 . 2 2 9 6 provisions included in Exhibit "D" (Proposition 1 B Requirements) attached hereto and incorporated herein by reference. 3.37 No Waiver. Failure of Commission to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times. 3.38 Survival. All rights and obligations hereunder that by their nature are to be performed after any expiration or termination of this Agreement shall survive any such expiration or termination. 3.39 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.40 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.41 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.42 Subpoenas or Court Orders. Should Consultant receive a subpoena or court order related to this Agreement, the Services or the Project, Consultant shall immediately provide written notice of the subpoena or court order to the Commission. Consultant shall not respond to any such subpoena or court order until notice to the Commission is provided as required herein, and shall cooperate with the Commission in responding to the subpoena or court order. 3.43 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties, and shall not be assigned by Consultant without the prior written consent of Commission. 3.44 Eight -Hour Law. Pursuant to the provisions of the California Labor Code, eight hours of labor shall constitute a legal day's work, and the time of service of any worker employed on the work shall be limited and restricted to eight hours during any one calendar day, and forty hours in any one calendar week, except when payment for overtime is made at not less than one and one-half the basic rate for all hours worked in excess of eight hours per day ("Eight -Hour Law"), unless Consultant or the Services are not subject to the Eight -Hour Law. Consultant shall forfeit to Commission as a penalty, $50.00 for each worker employed in the execution of this Agreement by him, or by any sub -consultant under him, for each calendar day during which such 17336.00603\8581981.2 • • 297 workman is required or permitted to work more than eight hours in any calendar day and forty hours in any one calendar week without such compensation for overtime violation of the provisions of the California Labor Code, unless Consultant or the Services are not subject to the Eight -Hour Law. 3.45 Employment of Apprentices. This Agreement shall not prevent the employment of properly indentured apprentices in accordance with the California Labor Code, and no employer or labor union shall refuse to accept otherwise qualified employees as indentured apprentices on the work performed hereunder solely on the ground of race, creed, national origin, ancestry, color or sex. Every qualified apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade in which he or she is employed and shall be employed only in the craft or trade to which he or she is registered. If California Labor Code Section 1777.5 applies to the Services, Consultant and any subcontractor hereunder who employs workers in any apprenticeable craft or trade shall apply to the joint apprenticeship council administering applicable standards for a certificate approving Consultant or any sub -consultant for the employment and training of apprentices. Upon issuance of this certificate, Consultant and any sub -consultant shall employ the number of apprentices_provided for therein, as well as contribute to the fund to administer the apprenticeship program in each craft or trade in the area of the work hereunder. The parties expressly understand that the responsibility for compliance with provisions of this Section and with Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code in regard to all apprenticeable occupations lies with Consultant. 3.46 Incorporation of Recitals. The recitals set forth above are true and correct and are incorporated into this Agreement as though fully set forth herein. 3.47 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 17336.00603\8581981.2 [SIGNATURES ON FOLLOWING PAGE] 298 SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT WITH PROPOSITION 1 B ASSISTANCE IN WITNESS WHEREOF, this Agreement was executed on the date first written above. RIVERSIDE COUNTY CONSULTANT TRANSPORTATION COMMISSION By: By: [__INSERT NAME ] Signature Chairman Name Title [NOT NEEDED IF APPROVED BY ATTEST: COMMISSION] By: By: Anne Mayer, Executive Director Its: Secretary Approved as to Form: By: Best Best & Krieger LLP General Counsel 17336.00603\8581981.2 299 EXHIBIT "A" SCOPE OF SERVICES [ INSERT ] 17336.00603\8581981.2 Exhibit A 300 17336.00603\8581981.2 EXHIBIT "B" SCHEDULE OF SERVICES [ INSERT ] Exhibit B 301 EXHIBIT "C" COMPENSATION AND PAYMENT For the satisfactory performance and completion of the Services under this Agreement, the Commission will pay the Consultant compensation as set forth herein. 1. ELEMENTS OF COMPENSATION. Compensation for the Services will be comprised of the following elements: 1.1 Direct Labor Costs; 1.2 Fixed Fee; and 1.3 Additional Direct Costs. 1.1 DIRECT LABOR COSTS. Direct Labor costs shall be paid in an amount equal to the product of the Direct Salary Costs and the Multiplier which are defined as follows: 1.1.1 DIRECT SALARY COSTS • Direct Salary Costs are the base salaries and wages actually paid to the Consultant's personnel directly engaged in performance of the Services under the Agreement. (The range of hourly rates paid to the Consultant's personnel appears in Section 2 below.) 1.1.2 MULTIPLIER The Multiplier to be applied to the Direct Salary Costs to determine the Direct Labor Costs is , and is the sum of the following components: 17336.00603\8581981.2 1.1.2.1 Direct Salary Costs 1.1.2.2 Payroll Additives The decimal ratio of Payroll Additives to Direct Salary Costs. Payroll Additives include all employee benefits, allowances for vacation, sick leave, and holidays, and company portion of employee insurance and social and retirement benefits, all federal and state payroll taxes, premiums for insurance which are measured by payroll costs, and other contributions and benefits imposed by applicable laws and regulations. Exhibit C-1 302 1.1.2.3 Overhead Costs The decimal ratio of allowable Overhead Costs to the Consultant firm's total direct salary costs. Allowable Overhead Costs include general, administrative and overhead costs of maintaining and operating established offices, and consistent with established firm policies, and as defined in the Federal Acquisitions Regulations, Part 31.2. Total Multiplier (sum of 1.1.2.1, 1.1.2.2, and 1.1.2.3) 1.2 Fixed Fee. A Fixed Fee of shall be paid to Consultant for Consultant's complete and satisfactory performance of this Agreement and all Services required hereunder. Commission shall pay the Fixed Fee in monthly installments based upon the percentage of the Services completed at the end of each billing period, as determined in the sole discretion of the Commission's Representative, or his or her designee. Consultant shall not be entitled to and shall forfeit any portion of the Fixed Fee not earned as provided herein. 1.3 ADDITIONAL DIRECT COSTS. ITEM REIMBURSEMENT RATE insert charges ] Per Diem $ /day Car mileage $ /mile Travel $ /trip Computer Charges $ /hour Photocopies $ /copy Blueline $ /sheet LD Telephone $ /call Fax $ /sheet Photographs $ /sheet Travel by air and travel in excess of 100 miles from the Consultant's office nearest to the Commission's office must have the Commission's prior written approval to be reimbursed under this Agreement. 2. DIRECT SALARY RATES 17336.00603\8581981.2 Exhibit C-2 303 Direct Salary Rates, which are the range of hourly rates to be used in determining Direct Salary Costs in Section 1.1.1 above, are given below and are subject to the following: 2.1 Direct Salary Rates shall be applicable to both straight time and overtime work, unless payment of a premium for overtime work is required by law, regulation or craft agreement, or is otherwise specified in this Agreement. In such event, the premium portion of Direct Salary Costs will not be subject to the Multiplier defined in Paragraph 1.1.2 above. 2.2 Direct Salary Rates shown herein are in effect for one year following the effective date of the Agreement. Thereafter, they may be adjusted annually to reflect the Consultant's adjustments to individual compensation. The Consultant shall notify the Commission in writing prior to a change in the range of rates included herein, and prior to each subsequent change. POSITION OR CLASSIFICATION RANGE OF HOURLY RATES • • sample ] Principal $ .00 - $ .00/hour Project Manager $ .00 - $ .00/hour Sr. Engineer/Planner $ .00 - $ .00/hour Project Engineer/Planner $ .00 - $ .00/hour Assoc. Engineer/Planner $ .00 - $ .00/hour Technician $ .00 - $ .00/hour Drafter/CADD Operator $ .00 - $ .00/hour Word Processor $ .00 - $ .00/hour 2.3 The above rates are for the Consultant only. All rates for subconsultants to the Consultant will be in accordance with the Consultant's cost proposal. 3. INVOICING. 3.1 Each month the Consultant shall submit an invoice for Services performed during the preceding month. The original invoice shall be submitted to the Commission's Executive Director with two (2) copies to the Commission's Project Coordinator. 3.2 Charges shall be billed in accordance with the terms and rates included herein, unless otherwise agreed in writing by the Commission's Representative. 17336.00603\8581981.2 Exhibit C-3 304 3.3 Base Work shall be charged separately, and the charges for each task and Milestone listed in the Scope of Services, shall be listed separately. The charges for each individual assigned by the Consultant under this Agreement shall be listed separately on an attachment to the invoice. 3.4 A charge of $500 or more for any one item of Additional Direct Costs shall be accompanied by substantiating documentation satisfactory to the Commission such as invoices, telephone logs, etc. 3.5 Each copy of each invoice shall be accompanied by a Monthly Progress Report and spreadsheets showing hours expended by task for each month and total project to date. 3.6 Each invoice shall indicate payments to DBE subconsultants or supplies by dollar amount and as a percentage of the total invoice. 3.7 Each invoice shall include a certification signed by the Consultant's Representative or an officer of the firm which reads as follows: I hereby certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed. Signed Title Date Invoice No. 4. PAYMENT 4.1 The Commission shall pay the Consultant within four to six weeks after receipt by the Commission of an original invoice. Should the Commission contest any portion of an invoice, that portion shall be held for resolution, without interest, but the uncontested balance shall be paid. 4.2 The final payment for Services under this Agreement will be made only after the Consultant has executed a Release and Certificate of Final Payment. 17336.00603\8581981.2 Exhibit C-4 • • 305 " " E X H I B I T " D " P R O P O S I T I O N 1 B R E Q U I R E M E N T S N o t w i t h s t a n d i n g a n y t h i n g t o t h e c o n t r a r y c o n t a i n e d i n t h e A g r e e m e n t , i n c l u d i n g t h e o t h e r E x h i b i t s a t t a c h e d t h e r e t o , t h e f o l l o w i n g p r o v i s i o n s s h a l l a p p l y i f f u n d i n g f o r t h e S e r v i c e s i s p r o v i d e d , i n w h o l e o r i n p a r t , f r o m P r o p o s i t i o n 1 B b y a n d t h r o u g h t h e C a l i f o r n i a D e p a r t m e n t o f T r a n s p o r t a t i o n ( " C a l t r a n s " ) . 1 . E q u a l E m p l o y m e n t O p p o r t u n i t y C o n s u l t a n t m u s t c o m p l y w i t h E x e c u t i v e O r d e r 1 1 2 4 6 ( 3 C F R , 1 9 6 4 - 1 9 6 5 C o m p . , p . 3 3 9 ) , " E q u a l E m p l o y m e n t O p p o r t u n i t y , " a s a m e n d e d b y E x e c u t i v e O r d e r 1 1 3 7 5 ( 3 C F R , 1 9 6 6 - 1 9 7 0 C o m p . , p . 6 8 4 ) , " A m e n d i n g E x e c u t i v e O r d e r 1 1 2 4 6 R e l a t i n g t o E q u a l E m p l o y m e n t O p p o r t u n i t y , " a n d a s s u p p l e m e n t e d b y r e g u l a t i o n s a t 4 1 C F R c h a p t e r 6 0 , " O f f i c e o f F e d e r a l C o n t r a c t C o m p l i a n c e P r o g r a m s , E q u a l E m p l o y m e n t O p p o r t u n i t y , D e p a r t m e n t o f L a b o r . " 2 . C o p e l a n d " A n t i - K i c k b a c k " A c t ( 1 8 U . S . C . 8 7 4 a n d 4 0 U . S . C . 2 7 6 c ) C o n s u l t a n t m u s t c o m p l y w i t h t h e C o p e l a n d " A n t i - K i c k b a c k " A c t ( 1 8 U . S . C . 8 7 4 ) , a s s u p p l e m e n t e d b y D e p a r t m e n t o f I a h o r r e g u l a t i o n s ( 2 9 C F R P a r t 3 . " C o n s u l t a n t s a n d S u b c o n s u l t a n t s o n P u b l i c B u i l d i n g o r P u b l i c W o r k F i n a n c e d i n W h o l e o r i n P a r t b y L o a n s o r G r a n t s f r o m t h e U n i t e d S t a t e s " ) . T h e A c t p r o v i d e s t h a t e a c h c o n t r a c t o r o r s u b r e c i p i e n t m u s t b e p r o h i b i t e d f r o m i n d u c i n g , b y a n y m e a n s , a n y p e r s o n e m p l o y e d i n t h e c o n s t r u c t i o n , c o m p l e t i o n , o r r e p a i r o f p u b l i c w o r k , t o g i v e u p a n y p a r t o f t h e c o m p e n s a t i o n t o w h i c h h e i s o t h e r w i s e e n t i t l e d . T h e C o m m i s s i o n s h a l l r e p o r t a l l s u s p e c t e d o r r e p o r t e d v i o l a t i o n s t o t h e r e s p o n s i b l e D O E c o n t r a c t i n g o f f i c e r . 3 . C o n t a c t W o r k H o u r s a n d S a f e t y S t a n d a r d s A c t ( 4 0 U . S . C . 3 2 7 - 3 3 3 ) C o n s u l t a n t m u s t c o m p l y w i t h S e c t i o n s 1 0 2 a n d 1 0 7 o f t h e C o n t r a c t W o r k H o u r s a n d S a f e t y S t a n d a r d s A c t ( 4 0 U . S . C . 3 2 7 - 3 3 3 ) , a s s u p p l e m e n t e d b y D e p a r t m e n t o f L a b o r r e g u l a t i o n s ( 2 9 C F R P a r t 5 ) . U n d e r S e c t i o n 1 0 2 o f t h e A c t , e a c h C o n s u l t a n t i s r e q u i r e d t o c o m p u t e t h e w a g e s o f e v e r y m e c h a n i c a n d l a b o r e r o n t h e b a s i s o f a s t a n d a r d w o r k w e e k o f 4 0 h o u r s . W o r k i n e x c e s s o f t h e s t a n d a r d w o r k w e e k i s p e r m i s s i b l e p r o v i d e d t h a t t h e w o r k e r i s c o m p e n s a t e d a t a r a t e o f n o t l e s s t h a n 1 1 / 2 t i m e s t h e b a s i c r a t e o f p a y f o r a l l h o u r s w o r k e d i n e x c e s s o f 4 0 h o u r s i n t h e w o r k w e e k . S e c t i o n 1 0 7 o f t h e A c t i s a p p l i c a b l e t o c o n s t r u c t i o n w o r k a n d p r o v i d e s t h a t n o l a b o r e r o r m e c h a n i c i s r e q u i r e d t o w o r k i n s u r r o u n d i n g s o r u n d e r w o r k i n g c o n d i t i o n s w h i c h a r e u n s a n i t a r y , h a z a r d o u s o r d a n g e r o u s . T h e s e r e q u i r e m e n t s d o n o t a p p l y t o t h e p u r c h a s e s o f s u p p l i e s o r m a t e r i a l s o r a r t i c l e s o r d i n a r i l y a v a i l a b l e o n t h e o p e n m a r k e t , o r c o n t r a c t s f o r t r a n s p o r t a t i o n o r t r a n s m i s s i o n o f i n t e l l i g e n c e . 4 . R i g h t s t o I n v e n t i o n s a n d D a t a M a d e U n d e r a C o n t r a c t o r A g r e e m e n t C o n s u l t a n t s h a l l c o m p l y w i t h F e d e r a l r e q u i r e m e n t s a n d r e g u l a t i o n s p e r t a i n i n g t o p a t e n t r i g h t s w i t h r e s p e c t t o a n y d i s c o v e r y o r i n v e n t i o n w h i c h a r i s e s o r i s d e v e l o p e d i n t h e c o u r s e o f o r u n d e r t h e C o n t r a c t , a n d s h a l l b e i n c o m p l i a n c e w i t h 1 0 C F R 6 0 0 . 3 2 5 a n d A p p e n d i x A P a t e n t a n d D a t a R i g h t s t o S u b p a r t D , P a r t 6 0 0 . E x h i b i t D - 1 1 7 3 3 6 . 0 0 6 0 3 \ 8 5 8 1 9 8 1 . 2 3 0 6 5. Clean Air Act (42 U.S.C. 7401 et seq.), Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15), as amended — Consultant shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (41 U.S.C. 7401 et seq. ), Federal Water Pollution Control Act (33 U.S.C. 1251 et seq. ), Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15), as amended. The Commission will report violations to the responsible contracting officer and the Regional Office of the Environmental Protection Agency (EPA). 6. Davis -Bacon Act (40 U.S.C. 276a) — Consultant shall comply with the Davis -Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR Part 5). 7. Contract Violations — Consultant shall comply with the applicable administrative, contractual, and legal remedies in instances where Consultant violates or breaches contract terms, and will be subject to sanctions and penalties as may be appropriate and as outlined in the Contract. 8. Termination Provisions — Consultant shall comply with termination for cause and termination for convenience provisions as outlined in the Contract, including the manner by which it will be effected and the basis for settlement. 9. Reporting Consultant shall comply with Caltrans requirements and regulations pertaining to reporting. 10. Access to Documents — Consultant shall grant access by the grantee (Commission), the grantor agency (Caltrans), the State of California, or any of their duly authorized representatives to any books, documents, papers, and records of the Consultant which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. 11. Retention of Records — Consultant shall retain all required records for at least three years after Commission makes final payment and all other pending matters are closed. 12. Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871.) — Consultant shall comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871), which are incorporated by reference in this Contract. (10 CFR 600.236(i)(13).) 17336.00603\8581981.2 Exhibit D-2 307 " " E X H I B I T " E " C E R T I F I C A T E O F C O N S U L T A N T I H E R E B Y C E R T I F Y t h a t I a m t h e a n d d u l y a u t h o r i z e d r e p r e s e n t a t i v e o f t h e f i r m o f w h o s e a d d r e s s i s a n d t h a t , e x c e p t a s h e r e b y e x p r e s s l y s t a t e d , n e i t h e r I n o r t h e a b o v e f i r m t h a t I r e p r e s e n t h a v e : ( a ) e m p l o y e d o r r e t a i n e d f o r a c o m m i s s i o n , p e r c e n t a g e , b r o k e r a g e , c o n t i n g e n t f e e , o r o t h e r c o n s i d e r a t i o n , a n y f i r m o r p e r s o n ( o t h e r t h a n a b o n a f i d e e m p l o y e e w o r k i n g s o l e l y f o r m e o r t h e a b o v e c o n s u l t a n t ) t o s o l i c i t o r s e c u r e t h i s a g r e e m e n t ; n o r ( b ) a g r e e d , a s a n e x p r e s s o r i m p l i e d c o n d i t i o n f o r o b t a i n i n g t h i s c o n t r a c t , t o e m p l o y o r r e t a i n t h e s e r v i c e s o f a n y f i r m o r p e r s o n i n c o n n e c t i o n w i t h c a r r y i n g o u t t h e a g r e e m e n t ; n o r ( c ) p a i d , o r a g r e e d t o p a y , t o a n y f i r m , o r g a n i z a t i o n o r p e r s o n ( o t h e r t h a n a b o n a f i d e e m p l o y e e w o r k i n g s o l e l y f o r m e o r t h e a b o v e c o n s u l t a n t ) a n y f e e , c o n t r i b u t i o n , d o n a t i o n , o r c o n s i d e r a t i o n o f a n y k i n d f o r , o r i n c o n n e c t i o n w i t h , p r o c u r i n g o r c a r r y i n g o u t t h i s a g r e e m e n t . 1 7 3 3 6 . 0 0 6 0 3 \ 8 5 8 1 9 8 1 . 2 B y : S i g n a t u r e N a m e T i t l e D a t e E x h i b i t E 3 0 8 17336.00603\8581981.2 EXHIBIT "F" DISCLOSURE OF LOBBYING ACTIVITIES [ATTACHED BEHIND THIS PAGE] Exhibit F-1 309 " L o c a l A s s i s t a n c e P r o c e d u r e s M a n u a l E X I I B I T 1 0 - Q D i s c o s u r e o f L o b b y i n g A c t i v i t i e s E x h i b i t 1 0 - Q D i s c l o s u r e o f L o b b y i n g A c t i v i t i e s D I S C L O S U R E O F L O B B Y I N G A C T I V I T I E S C O M P L E T E T H I S F O R M T O D I S C L O S E L O B B Y I N G A C T I V I T I E S P U R S U A N T T O 3 1 U . S . C . 1 3 5 2 1 . T y p e o f F e d e r a l A c t i o n : Q' a . c o n t r a c t b . g r a n t c . c o o p e r a t i v e a g r e e m e n t d . l o a n e . l o a n g u a r a n t e e f . l o a n i n s u r a n c e 2 . S t a t u s o f F e d e r a l A c t i o n : Q' a . b i d / o f f e r / a p p l i c a t i o n b . i n i t i a l a w a r d c . p o s t - a w a r d 4 . N a m e a n d A d d r e s s o f R e p o r t i n g E n t i t y Q' P r i m e Q' S u b a w a r d e e T i e r , i f k n o w n C o n g r e s s i o n a l D i s t r i c t , i f k n o w n 6 . F e d e r a l D e p a r t m e n t / A g e n c y : s . F e d e r a l A c t i o n N u m b e r , i f k n o w n : 1 0 . a . N a m e a n d A d d r e s s o f L o b b y E n t i t y ( I f i n d i v i d u a l , l a s t n a m e , f i r s t n a m e , M T ) 3 . R e p o r t T y p e : Q' a . i a i t i a l h . m a t e r i a l c h a n g e F o r M a t e r i a l C h a n g e O n l y : y e a r q u a r t e r d a t e o f l o s t r e p o r t 5 . i f R e p o r t i n g E n t i t y i n N o . 4 i s S u b a w a r d e e , E n t e r N a m e a n d A d d r e s s o f P r i m e : C o n g r e s s i o n a l D i s t r i c t , i f k n o w n 7 . F e d e r a l P r o g r a m N a m e / D e s c r i p t i o n : C F D A N u m b e r , i f a p p l i c a b l e 9 . A w a r d A m o u n t , M o t o w n : b . I n d i v i d u a l s P e r f o r m i n g S e r v i c e s ( i n c l u d i n g a d d r e s s i f d i f f e r e n t f r o m N o . 1 0 a ) ( l a s t n a m e , f i r s t n a m e , M I ) ( a t t a c h C o n t i n u a t i o n S h e e t ( s ) i f n e c e s s a r y ) I 1 . A m o u n t o f P a y m e n t ( c h e c k a l l d i a l a p p l y ) S a c t u a l Q' p l a n n e d 1 2 . F o r m o f P a y m e n t ( c h e c k a l l t h a t a p p l y ) : E l a . c a s h b . i n - k i n d ; s p e c i t ' y : n a t u r e v a l u e 1 3 . T y p e o f P a y m e n t ( c h e c k a l l t h a t a p p l y ) a . r e t a i n e r b . o n e - t i m e f e e c . c o t m n i s s i o n d . c o n t i n g e n t f e e e d e f e r r e d f . o t h e r , s p e c i f y . 1 4 . B r i e f D e s c r i p t i o n o f S e r v i c e s P e r f o r m e d o r t o b e p e r f o r m e d a n d D a t e ( s ) o f S e r v i c e , i n c l u d i n g o f f i c e r ( s ) , e m p l o y e e ( s ) , o r m e m b e r ( s ) c o n t a c t e d , f o r P a y m e n t I n d i c a t e d i n i t e m 1 1 : ( a t t a c h C o n t i n u a t i o n S h e e t ( s ) i f n e c e s s a r y ) 1 5 . C o n t i n u a t i o n S h e e t ( s ) a t t a c h e d : Y e s Q' N o 1 6 . I n f o r m a t i o n r e q u e s t e d t h r o u g h t h i s f a r m i s a u t h o r i z e d b y T i t l e 3 1 U . S . C . S e c t i o n 1 3 5 2 . T h i s d i s c l o s u r e o f l u b b y i n g r e l i a n c e w a s p l a c e d b y t h e t i e r a b o v e w h e n h i s t r a n s a c t i o n w a s m a d e o r e n t e r e d i n t o . T h i s d i s c l o s u r e i s r e q u i r e d p u r s u a n t t o 3 1 U . S . C . 1 3 5 2 . T h i s i n f o r m a t i o n w i l l b e r e p o r t e d t o C o n g r e s s s e m i a n n u a l l y a n d w i l l b e a v a i l a b l e f o r p u b l i c i n s p e c t i o n . A n y p e r s o n w h o f a i l s t o t i l e t h e r e q u i r e d d i s c l o s u r e s h a l l b e s u b j e c t S i g n a t u r e : P r i n t N a m e : ' f i t l e : t o a c i v i l p e n a l t y o f n o t l e s s t h a n 5 1 0 , 0 0 0 a n d n o t m o r e t h a n 5 1 0 0 , 0 0 0 f o r e a c h s u c h f a i l u r e . T e l e p h o n e N o . : D a t e : A u t h o r i z e d f o r L o c a l R e p r o d u c t i o n F e d e r a l U s e O n l y : S t a n d a r d F o r m - L L L S t a n d a r d F o n n [ . I . L S e t t 0 4 - 2 8 - 0 6 L P P 0 6 - 0 2 1 7 3 3 6 . 0 0 6 0 3 \ 8 5 8 1 9 8 1 . 2 E x h i b i t F - 2 P a g e 1 0 - 7 7 M a y I , 2 0 0 6 3 1 0 EXHIBIT 10-Q Local Assistance Procedures Manual Disclosure of Lobbying Activities INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient at the initiation or receipt of covered federal action or a material change to previous tiling pursuant to title 31 I1.S.C. Section 1352. The filing of a fotmis required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered fedetal action. Attach a continuation shed for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. ). Identify the type of covered federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered federal action. 2. Identify the status of the covered federal action. 3. Identify the appropriate classification of this report If this is a follow-up report caused by a )material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Cheek the appropriate classification of the reporting entity that designates if it is or expects to be a prime or sub -award recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under gents. 5. If the organization filing the report in hem 4. checks "subawardee" then enter the full name, address, city, State and zip code of the prime federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the federal program name or description for the covered federal action (item 1). if known, enter the hill Catalog of Federal Domestic Assistance (CF'DA) number for grants, cooperative agreements, loans and loan commitments. g. Enter the most appropriate federal identifying number available for the federal action identifieation in item 1 (e.g., Request for Proposal (RFP) number, Invitation fnr Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered federal action where there has been an award or loan enmmitment by the Federat agency, enter the federal amount of the awardiloan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in Item 4. to influenced the covered federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter last Name, First Name and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (Item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to he made. 12. Check the appropriate box(es). Check all boxes that apply. if payment is made through an in -kind contribution, specify the nature and value of the in -kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify' nature. 14.Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s)or Member(s) of Congress that were contacted 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name title and telephone rmmber. Public reporting burden for this collection of information is estimated to average 30-minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SI'-1.1.1: Inan:ctinn, Rev. nh-04-90oliN1)II'n Page ]0-78 May 1, 2006 17336.00603\8581981.2 Exhibit F-3 LPP 06-02 311 COACHELLA VALLEY- SAN GORGONIO PASS Service Development Plan • RFP for Service Development Plan and Environmental • Clearly demonstrate purpose and need • More detailed Alternatives Analysis • Including equipment/technology options • Ridership demand and benefits of connections • Identify required capital projects • Demonstrate operational and financial feasibility 1 Task 1: Project work Plan & Outreach Plan Task 2: Preliminary Service Planning and Alternatives Decision Point: Is the Project Viable to Continue? Task 3: Environmental Documentation Task 4: Service Developmen Phase 1 Deliverables Task 1 • Detailed Project Work Plan • Five coordination meetings/monthly project management (PM) meetings • Project budget, schedule, PM approach, work plan • Detailed Stakeholder and Coordination Outreach Plan • Multiple meetings/monthly PM meetings • Website, social media campaign, technical advisory committee (TAC) meetings, database of interested parties, fact sheets and newsletters 2 Phase 1 Deliverables Task 2- Preliminary Service Planning and Alternatives • Coordination/Outreach/Stakeholder Involvement • 40 coordination and outreach meetings • Multiple site visits • 5 Railroad and FRA coordination meetings • Market Analysis and Purpose and Need • AirSage cell phone data, CVB data, bus ridership data • Meet with TAC and elected officials for Purpose and Need • Technical memo of Market Analysis • Draft and final Purpose and Need Phase 1 Deliverables Task 2- Preliminary Service Planning and Alternatives • Conceptual Engineering • 5% engineering and order of magnitude costs • Comprehensive Alternatives Analysis • Conceptual bus and train plans, schedules, equipment • Train performance calculations various alternatives • Inputs and review of ridership models • High-level environmental impact • Review for cost effectiveness • Outreach Plan Implementation 3 ��. �� 5 e r v i o e D e v e l o p m e n t P L a n ( S D P ) 4 f > ` P S t e . 1 4 - 2 s , 3 % : 0 P R O J E C T S C H E D U L E n ��. . . . . . . . . . . �� 1 1 1 1 1 1 E M M w w w w r r w " r . . . m r " . . . . ��^ + . . r r - 6 . . . " ����i . e " . ��r a . 1 1 1 p - r w M l i E 0 S C H E M E . P r o c u r e m e n t P r o c e s s " R F P r e l e a s e d F e b r u a r y 1 4 " P r e - b i d c o n f e r e n c e F e b r u a r y 1 9 1 5 f i r m s p r e s e n t " 6 8 f i r m s d o w n l o a d e d t h e R F P " 5 f i r m s s u b m i t t e d b y t h e M a r c h 2 0 d e a d l i n e " A l l 5 f i r m s w e r e i n t e r v i e w e d o n A p r i l 1 0 " I n t e r v i e w c o m m i t t e e c o n s i s t e d o f C o m m i s s i o n s t a f f , w i t h s u p p o r t f r o m C V A G , S u n L i n e a n d O C T A " E v a l u a t i o n c o m m i t t e e r e c o m m e n d e d H D R w i t h t h e h i g h e s t t o t a l s c o r e b a s e d o n s e t e v a l u a t i o n c r i t e r i a 4 333 3 3,33,33.> ext Steps • Staff negotiated scope, schedule, and cost for Phase 1 • Expedited schedule is anticipated to take 12 months • Phase 1 costs are $1,697,645 with a contingency of $150,000, for a total amount not to exceed $1,847,645 • Price was determined to be fair and reasonable • Upon completion of Phase 1, results will be brought back to the Commission for review and further direction • If directed to continue with Phase 2 a new scope, schedule, budget and contract amendment will be completed (funding will need to be identified) 5