Agreement - Transportation Agency of Monterey County - Extension of Passenger Rail Service from Gilroy to Salina - Signed 2022-06-28https://tamcmonterey.sharepoint.com/Shared Documents/Work Program/Rail/SALINAS RAIL EXTENSION/Gilroy/MOU/TAMC-Gilroy-VTA MOU
Final.docx
MEMORANDUM OF UNDERSTANDING
AMONG
THE TRANSPORTATION AGENCY OF MONTEREY COUNTY AND
THE CITY OF GILROY AND
THE SANTA CLARA VALLEY TRANSPORTATION AUTHORITY
REGARDING IMPROVEMENTS NEAR THE GILROY TRAIN STATION
TO SUPPORT THE EXTENSION OF PASSENGER RAIL SERVICE
FROM GILROY TO SALINAS
Effective Date: _______________
This Memorandum of Understanding (hereinafter “MOU”) is made and entered into among the
Transportation Agency for Monterey County (hereinafter “TAMC”), and the City of Gilroy
(hereinafter “the City”), and the Santa Clara Valley Transportation Authority (hereinafter “VTA”),
each a “Party” and collectively hereinafter referred to as the “Parties”, regarding the Monterey
County Rail Extension improvements near the Gilroy train station (hereinafter the “Project”).
WHEREAS, the Parties have a cooperative working relationship for planning, development, and
implementation of improvements near the Gilroy train station as part of the Monterey County
Rail Extension Project, Package 3; and
WHEREAS, through previous transportation planning studies, TAMC and the State of California
determined that they needed to invest in a system of premium transit services that could better
compete with traveling by automobile and attract new riders from the automobile modes of
travel in order to provide additional transportation capacity in the US 101 Corridor, thereby
reducing congestion, improving air quality, and saving energy in the Monterey Bay Area and San
Francisco Bay Area; and
WHEREAS, the Governor and the Legislature expressed their support and endorsement of this
Project by providing funding for the Monterey County Rail Extension project from the Traffic
Congestion Relief Act of 2000, the Proposition 116 Rail Bond, the Public Transportation Account,
and the Transit and Intercity Rail Capital Program; and
WHEREAS, to provide safe, efficient and effective transportation alternatives to the automobile,
TAMC adopted a resolution endorsing the Extension of Rail Service into Monterey County as the
Locally Preferred Alternative for the US 101 corridor on January 31, 2007; and
WHEREAS, the City recognizes the benefit and importance to the City of implementing new
passenger rail service, as expressed by support letters sent in June 2007 to the Federal Transit
Administration and in June 2013 to the California Transportation Commission; and
WHEREAS, VTA endorsed the Monterey County Rail Extension project via a transfer of
$18 million in Traffic Congestion Relief funding to the project in 2015 for improvements
pertaining to the Gilroy Caltrain station; and
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WHEREAS, TAMC, as the Lead Agency under the California Environmental Quality Act (CEQA),
certified the final Environmental Impact Report (EIR) on August 23, 2006, and adopted an
Addendum to the EIR on August 28, 2013, which EIR and Addendum to the EIR contemplate the
actions described herein; and
WHEREAS, the California Transportation Commission, as a responsible agency, approved
TAMC’s Final EIR on September 7, 2006; and
WHEREAS, AMBAG adopted the Monterey County Rail Extension project as an element of the
regional Metropolitan Transportation Plan/ Sustainable Communities Strategy in June 2018; and
WHEREAS, it is recognized that, with respect to some of the provisions set forth herein,
numerous actions must be taken pursuant to federal, state and local laws and regulations
before such policies can be implemented; and
WHEREAS, the purpose of this MOU is to provide a framework for the Parties’ cooperation, and
the respective duties of the Parties will be set forth in subsequent permits and agreements; and
NOW THEREFORE, the Parties hereby agree as follows:
PROJECT FEATURES AND LIMITS
1. To collaborate on the continued development of the Project located in the City of Gilroy along
the Union Pacific Railroad (UPRR) Coast Main Line Track, at Milepost (MP) 77.4, generally
bordered by US 101 to the south, East 7th Street to the north, Monterey Road to the west, and
either Alexander Street (on East 10th Street) or Automall Parkway (on Luchessa Avenue) to the
east. Affected local access roadways include Monterey Road, 10th Street, and Luchessa
Avenue (See Exhibit A, site map).
2. That the Project is intended to facilitate transportation uses, including, but not limited to, an
extension of passenger rail service from Gilroy southward toward Salinas.
3. That the full buildout of the Project, as described in the EIR and EIR Addendum, includes, but
is not limited to, the following capital improvement projects:
a. Extension of track from the Gilroy station and layover facility to connect to the UPRR
Coast Main Line Track;
b. Construction, relocation, and/or removal of tracks, turnouts, and railroad signaling
within the Gilroy layover facility;
c. Modification of the rail crossings on East 10th Street and East Luchessa Avenue;
d. Improvements to the sidewalk on East 10th Street; and
e. Site drainage and stormwater treatment facilities per the City of Gilroy National
Pollutant Discharge Elimination System (NPDES) Permit requirements.
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4. To the scope, character and layout of the Project, as defined by the conceptual plan dated
October 12, 2021 (Exhibit B).
5. That, within the footprint of the approved EIR, the precise limits, locations and/or alignments
of Project features may be adjusted to accommodate design refinements, specifically:
a. Right-of-way limits;
b. Utilities and subsurface constraints, if any;
c. Americans with Disabilities Act (ADA) requirements; and
d. Environmental impact mitigation, as may be required.
DESIGN STANDARDS AND COORDINATION
The Parties further agree:
6. To cooperate in good faith to develop the Project.
7. TAMC will be primarily responsible for project development, which includes the funding,
planning, any further state and any applicable federal environmental review, design, right-of-
way acquisition, and construction of the rail and other related elements of the Project (e.g.,
items identified in Paragraph 3, a-e). TAMC will collect input from the Peninsula Corridor Joint
Powers Board (Caltrain), UPRR, Amtrak, California Public Utilities Commission (CPUC), the
California High-Speed Rail Authority, and neighboring businesses, residents, property owners,
and the general public and will reflect this input, consistent with the design framework
described herein.
8. The City will be primarily responsible for maintenance of any project improvements
constructed by TAMC for the East 10th Street and East Luchessa Avenue grade crossings within
the City property or right-of-way, including, but not limited to, sidewalks, roadway pavement,
and stormwater treatment. The City is responsible for issuing encroachment permits and for
specifying any City design standards that apply to the Project. The encroachment permits shall
address TAMC’s construction contractor's indemnification obligations toward the City with
respect to construction of improvements in the City’s right of way. Following the City’s
acceptance of the improvements, TAMC and the City shall enter a separate property
acceptance agreement that shall include substantially the terms set forth in Exhibit C to this
Agreement.
9. VTA will be the lead agency for coordinating for the maintenance of any project
improvements constructed on VTA property, including, but not limited to, the Caltrain
equipment shed, track improvements, and stormwater treatment.
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10. The design of the Project shall be consistent with the following documents, as appropriate:
a. Peninsula Corridor Joint Powers Board (Caltrain) Draft Design Criteria – Third Edition,
August 2020
b. Union Pacific Railroad (UP) Track Standard Drawings – 2019
c. City of Gilroy Standard Details and Specifications
d. City of Gilroy’s Stormwater Management Guidance Manual for Low Impact
Development & Post-Construction Requirements - June 2015
11. That the Project must include all mitigations identified or to be identified through CEQA and
any applicable National Environmental Policy Act (NEPA) environmental documents, per the
adopted Mitigation Monitoring and Reporting Program.
12. That the City or VTA, as appropriate, shall authorize TAMC to act as the City’s or VTA’s agent
to effect necessary utility relocations in accordance with the City's or VTA’s utility franchise
agreements with utility owners.
13. That they will coordinate on related projects, including, but not limited to, the California High-
Speed Rail project, Caltrain’s service changes, and proposed changes to the VTA-owned yard
and parking lot. For greater clarity, the Parties’ commitment to cooperate is a commitment to
cooperate in good faith and not a commitment to pursue any particular course of action with
respect to such projects.
14. That TAMC is responsible for paying access permit fees but will not be assessed development
impact fees as a condition of permit approvals for the Project.
15. That Project implementation is contingent on funding availability.
GENERAL PROVISIONS
A. Terms of this MOU
Should any provision of this MOU prove to be invalid or illegal, the court is authorized and
instructed to modify the same to effectuate the original intent of the parties to the extent
possible. It is agreed and understood that the paramount purpose for which the Parties have
entered into this MOU is to express their mutual intent to cooperate in good faith to realize the
Project.
B. Effective Date
This MOU is effective on __________________________ and will remain in force until
December 31, 2025, unless extended or sooner terminated by mutual consent of the Parties.
The period of performance may be extended or shortened by written agreement of the Parties.
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Any Party hereto may terminate this MOU at any time by giving 180 days written notice to the
other Party.
C. Authority
Any individual executing this MOU on behalf of a Party represents and warrants hereby
that he or she has the requisite authority to enter into this MOU on behalf of such Party and
bind the party to the terms and conditions of this MOU.
D. Further Actions
Each of the Parties agrees to execute and deliver to the other Party such information
and documents, as may reasonably be required to give effect to the terms and conditions of
this MOU.
E. Modifications or Amendment
This MOU is not subject to modification or amendment except by a writing signed by all
the Parties hereto. This MOU may be executed in two or more counterparts, each of which will
be deemed an original, but all of which together shall constitute one and the same MOU.
F. Interpretations
No Party to this MOU is to be deemed the party which prepared this MOU within the
meaning of California Civil Code Section 1654
G. Disputes
In the event of a dispute arising out of the performance of this MOU, each Party must send
a written notice of dispute to the other Party. Within fifteen (15) working days of receipt of such
notice, the notified Party must respond and agree to a meeting for the purpose of negotiating a
settlement or procedure for settlement of the dispute. This is an agreement to cooperate in
good faith, and the sole remedy for a breach of any provision of this Agreement (other than a
provision for indemnification or defense) is the termination hereof.
H. Indemnification
In lieu of and notwithstanding the pro rata risk allocation that may otherwise be imposed
among the parties pursuant to Government Code Section 895.6, each party shall hold harmless,
indemnify, and defend the other parties (including their respective elected and appointed
officials, agents, and employees), from all claims, liabilities, fines or other penalties, costs, or
attorneys’ fees arising from the indemnifying party’s omissions, negligence, or willful
misconduct in the performance of this Agreement. TAMC shall also hold harmless, indemnify,
and defend the City and VTA (including their respective elected and appointed officials, agents,
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and employees) in any action or proceeding challenging the Project or any approval for it. For
greater clarity, TAMC and its construction contractor(s) are responsible for the construction of
the project, and after accepting improvements constructed as part of the Project, the City and
VTA are responsible for the ongoing maintenance of such improvements. Therefore, these
provisions for indemnification are not intended to make either the City or VTA liable or
responsible for any aspect of construction, excepting for their own sole and active negligence or
willful misconduct, and nothing herein is intended to make TAMC liable or responsible for any
maintenance obligation assumed by the City or VTA, excepting for its own negligence or willful
misconduct. This section shall survive the termination of the agreement.
I. Records
Each Party to this MOU must maintain books, accounts, records and data related to this
MOU in accordance with federal and/or state requirements and shall maintain those books,
accounts, records and data for three (3) years after termination of this MOU. For the duration of
this MOU, and for a period of three (3) years thereafter, each Party’s representatives and
representatives of the California Department of Transportation, the Auditor General of the
State of California shall have the right to examine these books, accounts, records, data and
other information relevant to this MOU for the purpose of auditing and verifying statements,
invoices, bills and revenues pursuant to this MOU.
J. Notices and Correspondence
Any notice required to be given to any Party must be in writing and deemed given if
personally delivered upon the other party or deposited in the United States mail, and sent
certified mail, return receipt requested, postage prepaid and addressed to the other party at
the address set forth below, or sent via email transmission to the party to which notice is
given:
If to TAMC: Todd A. Muck
Executive Director
Transportation Agency for Monterey County
55-B Plaza Circle
Salinas, CA 93901-2902
Telephone: (831) 775-0903
Email: todd@tamcmonterey.org
If to the City: Jimmy Forbis
City Administrator
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
DocuSign Envelope ID: 5221F90F-F51A-4CA1-B946-CEDC071464EA
TAMC/GILROY/VTA MOU – DRAFT
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Telephone: (408) 846-0250
Email: jimmy.forbis@cityofgilroy.org
If to VTA: Carolyn Gonot
General Manager
Santa Clara Valley Transportation Authority
3331 North First Street
San Jose, CA, 95134
Telephone: (408)321-5559
Email: Carolyn.Gonot@vta.org
K. Applicable Law
California law governs this MOU.
Attachments:
• Exhibit A: Site Map
• Exhibit B: Monterey County Rail Extension Package 3 Conceptual Plan, dated
October 12, 2021
• Exhibit C: Draft Terms of Property Acceptance Agreement to be Entered by Subsequent
Agreement between the City and TAMC
DocuSign Envelope ID: 5221F90F-F51A-4CA1-B946-CEDC071464EA
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IN WITNESS WHEREOF, the Parties hereto have executed this MOU as of the Effective Date and
as set forth herein:
Todd A. Muck, Executive Director Dated _______________
Transportation Agency for Monterey County
As to Form: ______________________________
Katherine A. Hansen
TAMC Counsel
Jimmy Forbis, City Administrator Dated ______________
City of Gilroy
As to Form: _____________________________
Andy Faber
Gilroy City Counsel
Carolyn Gonot, General Manager Dated ______________
Santa Clara Valley Transportation Authority
As to Form: _____________________________
Shannon Smyth-Mendoza
Sr. Assistant Counsel for VTA
Shannon Smyth-Mendoza (Mar 30, 2022 15:49 PDT)
Shannon Smyth-Mendoza
DocuSign Envelope ID: 5221F90F-F51A-4CA1-B946-CEDC071464EA
5/27/2022
6/8/2022
6/8/2022
6/28/2022
6/28/2022
Existing Track
New Track
Removed Track
Gilroy RR Station
Monterey Rd.10th St.Luchessa Ave.U.S. 101
NGILROY STATION TRACK PROJECT
Salinas Rail Extension
DESCRIPTION
• New track work to connect the Gilroy yard/station
track to the Union Pacific mainline track
• Improved vehicle/pedestrian grade crossing
improvements at Luchessa Avenue and 10th Street
SERVICE PLAN
• Extends passenger rail service from Gilroy in
Santa Clara County to Salinas in Monterey County
• At least two commute-oriented round trips
every weekday at the start of service, with the
opportunity to expand
DELIVERY STATUS
• California Environmental Quality Act document
is completed
• Design is at 75%
• Scope of construction and schedule needs to be
approved by Union Pacific Railroad
• Construction could start as early as 2021
COST ESTIMATE
• $16 million
Map Not to Scale
CONTACT: Transportation Agency for Monterey County • 55-B Plaza Circle, Salinas, CA 93901 • Phone (831) 775-0903 www.tamcmonterey.org
March 2020
DocuSign Envelope ID: 5221F90F-F51A-4CA1-B946-CEDC071464EA
GateGateGateAsphalt ParkingConcConcConc
Conc
Asphalt ParkingBrushConc
Conc
Asph ConcAsphConcConc
ConcConcConcConcBrushAsph
Asph
Asph
AsphConc
Gate
Asph Parking
Asph
Asph
ConcGateAsph
ConcPileConc
Brush
BrushAsphConcConc
Conc
GateAsphalt ParkingConcGateAsphalt Parking
Dirt
ConcConc
Dirt
Conc
Conc
Gate GateTanksTileTileDirtAsphalt Parking
Asph TrailerTrailer Tr
ail
er
AsphBrush
PilePileBrush Brush
Brush
Brush
Brush
Asphalt ParkingBrushRamp195
195
195
200
200 200200 TankMP 77.5 1597+98.521624+38.52MP 78
1625+001595+001605+001610+001615+001620+001594+79.30PC1598+17.41PT1601+03.90PC1604+44.37PT1609+59.44PC1611+14.10PT1612+14.33PC1617+13.01PCS1618+67.38PSC1623+84.05PCC(MP 77.77)END TRK 127(E) No. 10 RH HTTOPtSw 1612+24.121600+00PtSw No. 10 LH HTTO(MP 77.5)Sta 1597+02.29 T-1191615+001610+001605+001620+001600+001595+10.32POB1625+001610+80.58PCS1608+95.32PSC1611+45.58PT1608+30.32PSAsph Parking Asphalt ParkingDirtConcStairsGate
Conc Ditch
Graded Ditch
Trail
Trail
BrushGraded Ditch
Conc Ditch
GateSignSign Dense TreesDense TreesConcConcAsphConcSignConcGateGateConcAsphConc
Stairs BrushBrushConcConcGateConcGateDirt PileDirt Conc ConcGateConcDirt
Asphalt ParkingDirtDirtH
edgeConcConcDirtAsphalt ParkingAsphAsphConcDense TreesHedgeBrush
BrushBrush
AsphAsphalt ParkingAsphAsph
Conc HedgeConc ConcWallWallPileConc
DirtDirt
Asph
Brush
BrushBrush ConcWallSignConc TrailConcConcDitch
Brush
H/WWall
Gate
180
185185 185185
190190 190190190
190
190
190
190
190
190
190
190
190
190190190 190
190
195
195
195
195195
195
195
195 195195195
20020 0200200 205205 210210 215215 22022050.5'22.6'+/-22.4'+/-26.8'+/-58.9'+/-55.9'+/-925-974-2500
Walnut Creek, CA 94596
Suite 400
100 Pringle AvenueEAST LUCHESSA AVENUESALINAS RAIL EXTENSION - KICK START PROJECT
MONTEREY ROAD AUTOM
ALL PARKW
AY(SB) U.S.
1
0
1
(NB) U.S.
1
0
1
51'+/
-EL CAMI
NO REALU.S.
1
0
1 57'+/-10/12/2021
REVISED DESIGN
AS NOTEDA. GURA
A. GURA
11OF
TAMC
TRANSPORTATION AGENCY
Salinas, CA 93901
55-B Plaza Circle
FOR MONTEREY COUNTY
CHECKED:
DATE:
DESIGNED:
DRAWN:CONTRACT NO:
SCALE:
SHEET NO:
DRAWING NO:
K.P.C.
REVISED DESIGN PER CPUC COMMENTS
AND TRACK IMPROVEMENTS
PACKAGE 3 - GILROY STATION
SCHEMATIC IN NATURE
DETAILS PROVIDED ARE
COORDINATION PURPOSES ONLY.
EXHIBIT PROVIDED FOR
54.4'+/-30.6'+/-58+/-'20+/-'
- CONCEPTUAL -
FOR REVIEW/DISCUSSION
- CONCEPTUAL -
FOR REVIEW/DISCUSSION
1650+00 MP 7
8.5
1650+80.57(MP 78.67)MT1 1659+61.97EOT(MP 78.67)(E) No. 10 RH HTTOMT1 1659+49.091648+61.78PCPC 1655+99.36 1653+80.32PTPT 1658+42.48 (MP 78.67)Exist MT1 EOT 1659+65.37 1625+001625+84.03PT1645+001655+001648+16.74PCC1657+21.93PCC1658+27.04PT(MP 78.06)PC 1627+54.89Begin (E) TRK 750PtSw (E) No. 10 RH HTTO(MP 78.05)MT STA 1526+13.701650+001655+00(MP 78.49)PtSw No. 20 RH POTO= EOT 5+29.38 Trk XO2= POB 1650+56.12 Trk MT1Sta 1650+56.12 Trk 119XO1
PROPOSED TRACK / ROADWAY / STATION PLATFORMS
SHIFT TRACK
(SHADED BOX)
WORK TO BE COMPLETED BY CONTRACTOR
EXISTING TRACK
LEGEND:MP 78.5 MT2
MT1 / XO2 N0
S C A L E I N F E E T
100 200100
TRK 119
TRK MT
PROPOSED NON-UPRR TRACK (CALTRAIN OR TAMC)
EXISTING NON-UPRR TRACK (CALTRAIN OR TAMC)
TRACK REMOVAL
REMOVE NON-UPRR TRACK (CALTRAIN OR TAMC)
SHIFT NON-UPRR TRACK (CALTRAIN OR TAMC)
FORCE (UNSHADED BOX)
WORK TO BE COMPLETED BY UPRR OR OTHER
TO CARNADERO
TIMETABLE SOUTH
AND NORTH SAN LUIS OBISPO
1625+001660+00
TRK MT2
TRK MT
TRK 119
OCTOBER 12, 2021
TRK MT2
TRK MT157.1'+/-1590+00EAST TENTH STREETOLD GILROY STREETWEST 7TH STREETMONTEREY ROAD
WEST 8TH STREETWEST 9TH STREETWEST TENTH STREETT-127
MONTEREY ROADEAST 7TH STREETMT NNTRK MT
ALEXANDER STREET
HORNLEIN COURTMONTEREY ROAD
RAILROAD STREET
T
R
K
750TO CARNADERO
TIMETABLE SOUTHAND NORTH SAN LUIS OBISPO
TRK 119
TRK MT 1625+0010/12/2021 3:49:37 PM$FILES$UPRR R/W Wood, Switch Stand Outside
Install No. 20 LH POTO, 136#
Wood, Switch Stand Outside
Install No. 20 LH POTO, 136#
Shift
MT, End Track
Sta. 1642+59.48
Shift
MT, Begin Track
Sta. 1627+54.89
Shift
MT1, End Track
Sta. 1658+47.58
Wood, Switch Stand Outside
Install No. 20 RH POTO, 136#
PROPERTY BOUNDARY LIMIT
EXISTING MT1
PROPOSED XO2
SHIFT 42 TF
EXIST TRK MT
SHIFT 385 TF
TEXT
TEXT
750 HTTO
EXIST TRK
GANTRY AND 31' LONG GATE
LIGHT, BACK LIGHT, OVERHEAD
NO. 9 SIGNAL WITH FLASHING
CONSTRUCT CPUC STANDARD
CONSTRUCT 690 LF FENCE
Relocate Signal
BEGIN TRK MT1
END PROPOSED TRK XO2
END PROPOSED TRK 119
EXIST TRACK 747 HTTO
EXISTING TRK MT1
EXISTING TRK MT2
Proposed Signal
Relocate Signal Cabinet
Proposed Signal Cabinet
Track MT
Shift 865 TF
Signal
Proposed
Shift 830 TF Track MT1
REMOVE No. 9 HTTO
SOUTH LEAD TRACKS
RECONFIGURED
REMOVE 20' TRACK GATE
EXISTING TRACK T-119
600 TF TRACK SHIFT
EXISTING MT1
FLASHING LIGHT AND GATE
STANDARD NO. 9 SIGNAL WITH
REMOVE EXISTING CPUC
EXISTING TRACK 127
CHAIN LINK FENCE
INSTALL 114 LF NEW
#10 HTTO
EXISTING
EXISTING T-119
INSTALL No. 10 HTTO
INSTALL 18' DOUBLE SWING GATES
EXISTING TRK MT
INSTALL 20' TRACK GATES
CWR ON WOOD TIES
INSTALL 125 TF T-119 136#
INSTALL 300 LF CHAINLINK FENCE
PROPOSED BIORETENTION AREA
CONSTRUCT MEDIAN
AREA
BIORETENTION
PROPOSED
PEDESTRIAN SIGNAL AND 30' LONG GATE BY UPRR
OVERHEAD GANTRY, FLASHING LIGHTS,
INSTALL CPUC STANDARD NO. 9 SIGNAL WITH
PROPOSED DRIVEWAY APRON
TO BE REMOVED
EXISTING BUILDING
TO BE REMOVED
SPILL CONTAINMENT
TRANSFORMER, AND
EXISTING CABINETS,
AND SPILL CONTAINMENT
CABINETS, TRANSFORMER,
STORAGE BUILDING,
PEDESTRIAN SIGNAL AND 30' LONG GATE BY UPRR
OVERHEAD GANTRY, FLASHING LIGHTS,
INSTALL CPUC STANDARD NO. 9 SIGNAL WITH
TURNBACK TRACK T-121
CONSTRUCT 605 TF
FENCE
CHAIN LINK
LF NEW
INSTALL 657
TRK 119 1607+16.93
MP 77.67 DOT 755186C
TRK MT1 1607+17.61
EAST TENTH STREET
INSTALL 97.50 TF CONCRETE PANELS
CONSTRUCT 650 LF FENCE
STATION
EXIST GILROY
STATION PLATFORM
EXISTING 600'
Proposed Signal
Speed = 50 / 40 MPHElev. = 0.75" / 1.00"S/L = 00'00'00"°Dc = 2
12'56.19"°
Delta = 1Curve # 2Main Track 1 (Existing)
Speed = 35 / 35 MPHElev. = 0.75" / 1.00"S/L = 00'07'30"°Dc = 1
50'0.87"°Delta = 5
Curve # 1Main Track 1 (Existing)
Contractor Assemble
Remove 250 TF Trk MT
Contractor Assemble
Design Speed = 50 / 40 MPHElev. = 3/4"S/L = 50' / 0'Dc = 0°45'00" / 0°19'45.68"
R = 7,639.533' / 17,396.59
Delta = 0°57'12.53" / 1°23'32.30"
Compound Curve # 3Track 119
Design Speed = 50 / 40 MPHElev. = 3/4"
S/L = 65'Dc = 1°25'00"
R = 4,044.46'Delta = 5°25'51.37"
Curve # 2
Track 119 (Proposed)
Design Speed = 50 / 40 MPHElev. = 3/4"S/L = 65'Dc = 1°15'00"R = 4,583.72'Delta = 3°22'21.09"Curve # 4Track MT1 (Proposed)
Contractor Assemble
Remove 250 TF Trk MT1
Design Speed = 50 / 40 MPHElev. = 0.75"
S/L = 60'Dc = 1°00'00"R = 5,729.65'Delta = 3°35'14.72"Curve # 1Track MT (Shifted)
Elev. = 0.75"S/L = 50' Dc = 0°45'00"R = 7,639.53'Delta = 0°58'13.50"Compound Curve # 2Main Track (Shifted)
Design Speed = 50 / 40 MPH / 1.00"/ 00'
00'00"°20'00" / 1° / 0
/ 17,376.59' / 5,729.65'11'46.91"°54'9.13" / 0° / 0
TRK MT
TRK 119
TO MORGAN HILL
TIMETABLE NORTHAND ELMHURST
TRK MT1
Design Speed = 50 / 40 MPH
Elev. = 3/4"
S/L = 65'
D = 1°25'00"
Delta = 5°25'51.37"
Curve 2
Track 119 (Revised)
DESIGN SPEED = 50 / 40 MPH
ELEVATION = 0.75"
LS = 60'
LC = 538.12'
DELTA = 3°23'14.72"
D = 1°00'00"
CURVE # 1
TRACK MT (SHIFTED)
ELEVATION = 0.75"
S/L = 50'
Dc = 0°45'00"
R = 7,639.53'
DELTA = 0°58'13.50"
COMPOUND CURVE # 2
TRACK MT (SHIFTED)
DESIGN SPEED = 50 / 40 MPH
/ 1.00"
/ 00'
00'00"°20'00" / 1° / 0
/ 17,376.59' / 5,729.65'
11'46.91"°54'9.13" / 0° / 0
REMOVE 750 LF FENCE
T-750
T
R
K 745TR
K 747Design Speed = 50 / 40 MPH
Elev. = 3/4"
S/L = 50' / 0'
Dc = 0°45'00" / 0°19'45.68"
R = 7,639.533' / 17,396.59
Delta = 0°57'12.53" / 1°23'32.30"
Compound Curve # 3
Track 119
Design Speed = 50 / 40 MPH
Elev. = 3/4"
S/L = 65'
D = 1°15'00"
R = 4,583.72'
Delta = 3°22'21.09"
Curve 4
Track MT1 (Shifted)
STANDARD NO. 9
REMOVE EXISTING CPUC
Speed = 50 / 40 MPH
Elev. = 0.75" / 1.00"
S/L = 00'
00'00"°Dc = 2
12'56.19"°Delta = 1
Curve # 2
Main Track 1 (Existing)
UPRR R/W
UPRR R/W
UPRR R/W
UPRR R/W
T-127
T-121
T-123
MT
T-119
TRK MT
TO MORGAN HILL
TIMETABLE NORTH
AND ELMHURST
T-123
TRK 119
REMOVE EXISTING CPUC STANDARD NO. 9
REMOVE 675 LF FENCE
VTA PROPERTYVTA PROPERTY
T-119
TRK 734
UPRR R/W
UPRR R/W
UPRR R/W
VTA PROPERTY
UPRR R/W
VTA PROPERTY
T-119
UPRR R/W
UPRR R/W
1640+001655+001630+001625+001645+001635+001627+06.85PSC1640+58.20PS1626+41.85PS1652+54.96PSC1641+08.20PSC1651+89.96PS1630+90.20PCS PT 1655+89.761655+24.76PCS1646+58.08PT1630+001635+001640+00(MP 78.27)PtSw No. 20 LH POTOXO1 EOT 5+22.33MT STA 1638+73.111640+53.42PS1641+03.42PSC1630+99.77PSC1634+98.51PT1630+39.77PS1642+35.34PCCSta 1658+47.58 =1630+001635+001640+001628+79.23PCC1633+87.25PCC1646+55.06PC PCS 1642+32.86PSC 1642+59.64 =Sta 1642+59.44 MTPCC 1634+54.49 (MP 78.17)PtSw No. 20 LH POTO= POB 0+00.00 TRK XO1Sta 1633+57.62 TRK 119Operated DPSSPtSw Power Trk 119 STA 1632+90.00 (MP 78.17) 21'+/-'25'+/-'1625+001608+95.32PSC1631+55.20PT= XO2 POB 0+00.00RH POTOExist PtSw No. 20 = MT2 POB 1645+21.87MT STA 1645+21.87 (MP 78.39)30'1625+0020.1' Mi
n'26.3' MIN14.7' MIN1634+38.51PCSMATCHLINE SEE BELOWMATCHLINE SEE ABOVE101
DocuSign Envelope ID: 5221F90F-F51A-4CA1-B946-CEDC071464EA
https://tamcmonterey.sharepoint.com/Shared Documents/Work Program/Rail/SALINAS RAIL EXTENSION/Gilroy/MOU/TAMC-Gilroy-VTA MOU
EXHIBIT C.docx
EXHIBIT C
DRAFT TERMS OF PROPERTY ACCEPTANCE AGREEMENT
TO BE ENTERED BY SUBSEQUENT AGREEMENT BETWEEN THE CITY AND TAMC
1. Pursuant to that certain Memorandum of Understanding among the City of Gilroy (“City”),
the Transportation Agency for Monterey County (“TAMC”), and the Santa Clara Valley
Transportation Authority (“VTA”) dated ________________, relating to the Monterey
County Rail Extension Project, Package 3, TAMC has constructed certain improvements for
the East 10th Street and East Luchessa Avenue grade crossings within the City property or
right-of-way, including, but not limited to, sidewalks, roadway pavement, and stormwater
treatment (the “Improvements”). The Improvements are depicted in plans attached hereto
as Attachment 1.
2. The City hereby accepts the Improvements, and TAMC’s construction contractor warrants
that the Improvements shall be free from material defect, wear and tear excepted, for a
period of one year from the date of this agreement. Should the City identify any material
defect in the improvements within one year of this agreement, it shall notify TAMC’s
construction contractor of the same, and TAMC’s construction contractor shall correct the
defect at its own cost and expense.
3. From the date of this agreement, TAMC is no longer responsible for ordinary maintenance
of the Improvements. The City shall hold harmless, indemnity, and defend TAMC and its
elected and appointed officials, agents, and employees from any and all claims of damage
or other liability arising from any failure to maintain the Improvements, including, without
limitation, any claim arising for damages due to damage to any public or private property or
because of the death or bodily injury of any person
4. From the date of this agreement, City shall maintain the stormwater treatment
Improvements to standard and consistent with the City’s municipal stormwater
improvement.
5. For one year from the date of this agreement, TAMC shall hold harmless, indemnify, and
defend the City and its elected and appointed officials, agents, and employees from any and
all claims of damage or other liability arising from any defect in the construction of the
Improvements, including, without limitation, any claim arising for damages due to damage
to any public or private property or because of the death or bodily injury of any person.
6. The indemnification and defense obligations set forth herein are intended in lieu of, and
notwithstanding, the pro rata risk allocation that may otherwise be imposed between the
Parties pursuant to Government Code Section 895.6, or any other statute, regulation or rule
that may otherwise affect the terms of this agreement.
7. [Insert any other terms negotiated between the parties here.]
DocuSign Envelope ID: 5221F90F-F51A-4CA1-B946-CEDC071464EA