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2024 Agreement1 Public Highway At-Grade Crossing Agreement DOT 755176W, Project 0755371 0755371 PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT UNION PACIFIC RAILROAD COMPANY CITY OF GILROY RECITALS: Exhibit F Exhibit A Exhibit A-1 19September23 2 Public Highway At-Grade Crossing Agreement DOT 755176W, Project 0755371 with each exhibit being attached hereto and hereby made a part hereof (the “Crossing Area”). In support of its Project, the Political Body has requested the Railroad’s cooperation in connection with installing grade crossing protection devices and installing highway traffic control signals and installing the necessary relays and other materials required to interconnect and coordinate the operation of said railroad grade crossing protection devices with the operation of said highway traffic control signals. Said work is to be performed at the sole expense of Political Body. The Railroad and the Political Body are entering into this Agreement to cover the above. AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: Section 1. EXHIBIT B The general terms and conditions marked Exhibit B, are attached hereto and hereby made a part hereof. Section 2. RAILROAD GRANTS RIGHT For and in consideration of the consideration paid under the Original Agreement, the Political Body’s agreement to perform and comply with the terms of this Agreement, the Railroad hereby grants to the Political Body the right to construct, maintain and repair the Roadway over and across the Crossing Area. For purposes of advanced signal preemption, Railroad hereby grants permission and authority to Political Body and/or its Contractor (as defined below) to install the conduit with the necessary wiring on Railroad right of way on the condition that prior to performing any work on Railroad's property, Political Body shall, or shall require its Contractor to, notify the Railroad and/or enter into a right of entry agreement with Railroad, as applicable pursuant to the terms and conditions of this Agreement. Section 3. DEFINITION OF CONTRACTOR For purposes of this Agreement the term “Contractor” shall mean the contractor or contractors hired by the Political Body to perform any Project work on any portion of the Railroad’s property and shall also include the Contractor’s subcontractors and the Contractor’s and subcontractor’s respective employees, officers and agents, and others acting under its or their authority. Section 4. CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCE 3 Public Highway At-Grade Crossing Agreement DOT 755176W, Project 0755371 A.Prior to Contractor performing any work within the Crossing Area and any subsequent maintenance and repair work, the Political Body shall require the Contractor to: •execute the Railroad's then current Contractor's Right of Entry Agreement •obtain the then current insurance required in the Contractor’s Right of Entry Agreement; and •provide such insurance policies, certificates, binders and/or endorsements to the Railroad. B.The Railroad's current Contractor's Right of Entry Agreement is marked Exhibit D, attached hereto and hereby made a part hereof. The Political Body confirms that it will inform its Contractor that it is required to execute such form of agreement and obtain the required insurance before commencing any work on any Railroad property. Under no circumstances will the Contractor be allowed on the Railroad's property without first executing the Railroad's Contractor's Right of Entry Agreement and obtaining the insurance set forth therein and also providing to the Railroad the insurance policies, binders, certificates and/or endorsements described therein. C.All insurance correspondence, binders, policies, certificates and/or endorsements shall be sent to: Manager - Contracts Union Pacific Railroad Company Real Estate Department 1400 Douglas Street, Mail Stop 1690 Omaha, NE 68179-1690 UP File Folder No. 0755371 D.If the Political Body's own employees will be performing any of the Project work, the Political Body may self-insure all or a portion of the insurance coverage subject to the Railroad's prior review and approval. Section 5. FEDERAL AID POLICY GUIDE If the Political Body will be receiving any federal funding for the Project, the current rules, regulations and provisions of the Federal Aid Policy Guide as contained in 23 CFR 140, Subpart I and 23 CFR 646, Subparts A and B are incorporated into this Agreement by reference. Section 6. NO PROJECT EXPENSES TO BE BORNE BY RAILROAD The Political Body agrees that no Project costs and expenses are to be borne by the Railroad. In addition, the Railroad is not required to contribute any funding for the Project. 4 Public Highway At-Grade Crossing Agreement DOT 755176W, Project 0755371 Section 7. WORK TO BE PERFORMED BY RAILROAD; BILLING SENT TO POLITICAL BODY; POLITICAL BODY'S PAYMENT OF BILLS A.The work to be performed by the Railroad, at the Political Body's sole cost and expense, is described in the Railroad's Material and Force Account Estimate for surface dated December 29, 2022 and the Railroad’s Material and Force Account Estimate for signal work dated October 12, 2022, collectively marked Exhibit C, attached hereto and hereby made a part hereof (the "Estimate"). As set forth in the Estimate, the Railroad's estimated cost for the Railroad's work associated with the Project is Six Hundred Nine Thousand Sixty Seven Dollars ($609,067.00). B.The Railroad, if it so elects, may recalculate and update the Estimate submitted to the Political Body in the event the Political Body does not commence construction on the portion of the Project located on the Railroad’s property within six (6) months from the date of the Estimate. C.The Political Body acknowledges that the Estimate does not include any estimate of flagging or other protective service costs that are to be paid by the Political Body or the Contractor in connection with flagging or other protective services provided by the Railroad in connection with the Project. All of such costs incurred by the Railroad are to be paid by the Political Body or the Contractor as determined by the Railroad and the Political Body. If it is determined that the Railroad will be billing the Contractor directly for such costs, the Political Body agrees that it will pay the Railroad for any flagging costs that have not been paid by any Contractor within thirty (30) days of the Contractor's receipt of billing. D.The Railroad shall send progressive billing to the Political Body during the Project and final billing to the Political Body within one hundred eighty (180) days after receiving written notice from the Political Body that all Project work affecting the Railroad's property has been completed. E.The Political Body agrees to reimburse the Railroad within thirty (30) days of its receipt of billing from the Railroad for one hundred percent (100%) of all actual costs incurred by the Railroad in connection with the Project including, but not limited to, all actual costs of engineering review (including preliminary engineering review costs incurred by Railroad prior to the Effective Date of this Agreement), construction, inspection, flagging (unless flagging costs are to be billed directly to the Contractor), procurement of materials, equipment rental, manpower and deliveries to the job site and all direct and indirect overhead labor/construction costs including Railroad's standard additive rates. Section 8. PLANS A.The Political Body, at its expense, shall prepare, or cause to be prepared by others, the detailed plans and specifications for the Project and the Structure and 5 Public Highway At-Grade Crossing Agreement DOT 755176W, Project 0755371 submit such plans and specifications to the Railroad’s Assistant Vice President Engineering-Design, or his authorized representative, for prior review and approval. The plans and specifications shall include all Roadway layout specifications, cross sections and elevations, associated drainage, and other appurtenances. B.The final one hundred percent (100%) completed plans that are approved in writing by the Railroad’s Assistant Vice President Engineering-Design, or his authorized representative, are hereinafter referred to as the “Plans”. The Plans are hereby made a part of this Agreement by reference. C.No changes in the Plans shall be made unless the Railroad has consented to such changes in writing. D.The Railroad's review and approval of the Plans will in no way relieve the Political Body or the Contractor from their responsibilities, obligations and/or liabilities under this Agreement, and will be given with the understanding that the Railroad makes no representations or warranty as to the validity, accuracy, legal compliance or completeness of the Plans and that any reliance by the Political Body or Contractor on the Plans is at the risk of the Political Body and Contractor. Section 9. NON-RAILROAD IMPROVEMENTS A.Submittal of plans and specifications for protecting, encasing, reinforcing, relocation, replacing, removing and abandoning in place all non-railroad owned facilities (the "Non Railroad Facilities") affected by the Project including, without limitation, utilities, fiber optics, pipelines, wirelines, communication lines and fences is required under Section 8. The Non Railroad Facilities plans and specifications shall comply with Railroad's standard specifications and requirements, including, without limitation, American Railway Engineering and Maintenance-of-Way Association ("AREMA") standards and guidelines. Railroad has no obligation to supply additional land for any Non Railroad Facilities and does not waive its right to assert preemption defenses, challenge the right-to-take, or pursue compensation in any condemnation action, regardless if the submitted Non Railroad Facilities plans and specifications comply with Railroad's standard specifications and requirements. Railroad has no obligation to permit any Non Railroad Facilities to be abandoned in place or relocated on Railroad's property. B.Upon Railroad's approval of submitted Non Railroad Facilities plans and specifications, Railroad will attempt to incorporate them into new agreements or supplements of existing agreements with Non Railroad Facilities owners or operators. Railroad may use its standard terms and conditions, including, without limitation, its standard license fee and administrative charges when requiring supplements or new agreements for Non Railroad Facilities. Non Railroad Facilities work shall not commence before a supplement or new agreement has been fully executed by Railroad and the Non Railroad Facilities owner or operator, or before Railroad and Political Body mutually agree in writing to (i) deem the approved Non Railroad Facilities plans and specifications to be Plans pursuant to Section 8B, (ii) deem the Non Railroad Facilities part of the Structure, 6 Public Highway At-Grade Crossing Agreement DOT 755176W, Project 0755371 and (iii) supplement this Agreement with terms and conditions covering the Non Railroad Facilities. Section 10. EFFECTIVE DATE; TERM; TERMINATION A.This Agreement is effective as of the Effective Date first herein written and shall continue in full force and effect for as long as the Roadway remains on the Railroad’s property. B.The Railroad, if it so elects, may terminate this Agreement effective upon delivery of written notice to the Political Body in the event the Political Body does not commence construction on the portion of the Project located on the Railroad’s property within twelve (12) months from the Effective Date. C.If the Agreement is terminated as provided above, or for any other reason, the Political Body shall pay to the Railroad all actual costs incurred by the Railroad in connection with the Project up to the date of termination, including, without limitation, all actual costs incurred by the Railroad in connection with reviewing any preliminary or final Project Plans. Section 11. CONDITIONS TO BE MET BEFORE POLITICAL BODY CAN COMMENCE WORK Neither the Political Body nor the Contractor may commence any work within the Crossing Area or on any other Railroad property until: (i)The Railroad and Political Body have executed this Agreement. (ii)The Railroad has provided to the Political Body the Railroad’s written approval of the Plans. (iii)Each Contractor has executed Railroad’s Contractor’s Right of Entry Agreement and has obtained and/or provided to the Railroad the insurance policies, certificates, binders, and/or endorsements required under the Contractor’s Right of Entry Agreement. (iv)Each Contractor has given the advance notice(s) required under the Contractor's Right of Entry Agreement to the Railroad Representative named in the Contactor's Right of Entry Agreement. Section 12. FUTURE PROJECTS Future projects involving substantial maintenance, repair, reconstruction, renewal and/or demolition of the Roadway shall not commence until Railroad and Political Body agree on the plans for such future projects, cost allocations, right of entry terms and conditions and temporary construction rights, terms and conditions. 7 Public Highway At-Grade Crossing Agreement DOT 755176W, Project 0755371 Section 13. ASSIGNMENT; SUCCESSORS AND ASSIGNS A.Political Body shall not assign this Agreement without the prior written consent of Railroad. B.Subject to the provisions of Paragraph A above, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Railroad and Political Body. Section 14. SPECIAL PROVISIONS PERTAINING TO AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 If the Political Body will be receiving American Recovery and Reinvestment Act ("ARRA") funding for the Project, the Political Body agrees that it is responsible in performing and completing all ARRA reporting documents for the Project. The Political Body confirms and acknowledges that Section 1512 of the ARRA provisions applies only to a "recipient" receiving ARRA funding directing from the federal government and, therefore, (i) the ARRA reporting requirements are the responsibility of the Political Body and not of the Railroad, and (ii) the Political Body shall not delegate any ARRA reporting responsibilities to the Railroad. The Political Body also confirms and acknowledges that (i) the Railroad shall provide to the Political Body the Railroad's standard and customary billing for expenses incurred by the Railroad for the Project including the Railroad's standard and customary documentation to support such billing, and (ii) such standard and customary billing and documentation from the Railroad provides the information needed by the Political Body to perform and complete the ARRA reporting documents. The Railroad confirms that the Political Body and the Federal Highway Administration shall have the right to audit the Railroad's billing and documentation for the Project as provided in Section 11 of Exhibit B of this Agreement. Section 15. TERMINATION OF ORIGINAL AGREEMENT Upon the completion of the Roadway, the Original Agreement shall terminate and the terms and conditions of this Agreement shall govern the use, maintenance and repair of the Roadway. Section 16. SIGNAL PREEMPTION A.Political Body and Railroad, severally and collectively, agree to interconnect and coordinate the operation of the railroad grade crossing protection devices with the operation of the highway traffic control signals at the Crossing Area, in accordance with the design schematic marked Exhibit E, hereto attached and hereby made a part hereof (the “Designs”). B . Political Body, at its expense, shall furnish all material, labor, equipment and supervision for the installation and maintenance of highway traffic control signals at 8 Public Highway At-Grade Crossing Agreement DOT 755176W, Project 0755371 the Crossing Area, as applicable in accordance with the Designs. C.Railroad, at Political Body’s expense, shall furnish all material, labor, equipment and supervision for the work described in the Estimate(s) and in accordance with the Designs, including, as applicable, installation of signals and/or appurtenances and installation of the necessary relays and other materials required to interconnect and coordinate the operation of the highway traffic control signals to be installed by the Political Body. D.Each party shall take all suitable precautions to prevent any interference (by induction, leakage of electricity or otherwise) with the operation of the other party’s signals or communications lines, or those of its tenants; and if, at any time, the operation or maintenance of its signals results in any electrostatic effects, the party whose signals are causing the interference shall, at its expense, immediately take such action as may be necessary to eliminate such interference. E.Except as set forth in this Section, Political Body shall not be liable to Railroad on account of any failure of Railroad's warning devices to operate properly, nor shall Railroad have or be entitled to maintain any action against Political Body arising from any failure from Railroad's warning devices to operate properly. Similarly, Railroad shall not be liable to Political Body on account of any failure of Political Body’s traffic signal to operate properly, nor shall Political Body have or be entitled to maintain any action against Railroad arising from any failure of Political Body’s traffic signal to operate properly. Section 17. ANNUAL SIGNAL MAINTENANCE FEE. Railroad shall maintain, in compliance with applicable laws or regulations as determined by the Railroad, the crossing signals as long as they remain in place. Cost of maintaining said signals shall be apportioned between the parties hereto in accordance with Sections 1202.2 and 1231.1 of the California Public Utilities Code. The precise manner and method of determining applicable charges, manner and method of payment and other procedures under said sections shall be governed by the statutes as supplemented by any applicable decisions of the statutes in the California Public Utility Commission. Section 18. SPECIAL PROVISIONS. Political Body hereby agrees to pay all costs associated with the Material and Force Account for surface work dated October 30, 2017 and the Material and Force Account for signal work dated October 30, 2017 that were costs for items specifically procured under the Original Agreement. 9 Public Highway At-Grade Crossing Agreement DOT 755176W, Project 0755371 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the Effective Date first herein written. UNION PACIFIC RAILROAD COMPANY (Federal Tax ID #94-6001323) By: _________________________________ Printed Name: ________________________ Title: ________________________________ CITY OF GILROY By: ________________________________ Printed Name: ________________________ Title: ________________________________Public Works Director Daryl Jordan DocuSign Envelope ID: C9D5D2CC-10B3-4B67-AD08-99693DDCBDD8 Gen Dir Real Estate Contracts Daniel A. Leis EXHIBIT A TO PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT Exhibit A will be a print showing the Crossing Area (see Recitals) LIGIINID• CROSSING AREA · · · · · · · · · · · · · · · · · UPRRCO. R/W OUTLINE D········ --·-··--·- CADD 0755371.DGN FILENAME SCAN 0;'':U008_CAV(0006. 1 JF FILENAME NOTE: BEFORE YOU BEGIN ANY WORK, SEE AGREEMENT FOR FIBER OPTIC PROVISIONS. EXHIBIT "A" UNION PACIFIC RAILROAD COMPANY GILROY, SANTA CLARA COUNTY, CA M.P. 75.12 -COAST SUBSP CA V-7 I 6 SCALE: 1"=100' OFFICE OF REAL ESTATE OMAHA, NEBRASKA DATE: 4/20/2023 RRM FILE: 07553-71 EXHIBIT A-1 TO PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT Exhibit A-1 will be the legal description/Plans of the Crossing Area (see Recitals) LEGAL DESCRIPTION TO ACCOMPANY A DEDICATION FOR PUBLIC STREET RIGHT OF WAY PURPOSES All that real property lying within the City of Gilroy, County of Santa Clara, State of California, for Public Street Right of Way purposes lying under, over, on and across a portion of the lands of the Southern Pacific Transportation Company as shown on that certain Map of Tract No. 10276, 'Harvest Park II', filed for record October 26, 2016 in Book 898 of Maps, at Pages 17-24, Records of said County, being more particularly described as follows: Beginning at the intersection of the centerline of Cohansey Avenue (66 feet wide) with the southwesterly line of said lands of the Southern Pacific Transportation Company as shown on said Map; thence along said southwesterly line, North 22°23'01" West 33.00 feet to the point of intersection of said line with the southwesterly prolongation of the northwesterly line of said Cohansey Avenue; thence leaving said southwesterly line, along said prolongation line, North 67°39'58" East 60.00 feet to the point of intersection of said prolongation line with the northeasterly line of said lands; thence leaving said prolongation line, along said northeasterly line, South 22 °23'01" East 66.00 feet to the point of intersection of said northeasterly line with the southeasterly line of Cohansey Avenue; thence leaving said northeasterly line, along the southwesterly prolongation of said southeasterly line, South 67°39'58" West 60.00 feet to the point of intersection of said prolongation line with said southwesterly line of said lands; thence along said southwesterly line, North 22 °23'01" West 33.00 feet to the Point of Beginning. Containing 3,960 square feet of land, more or less. As shown on EXHIBIT B (plat) attached hereto and made a part hereof. End of Description This description was prepared by me or under my direction pursuant to the requirements of the Professional Land Survey or's Act. Date EXHIBIT B PLAT TO ACCOMPANY A DEDICATION FOR PUBLIC STREET RIGHT OF WAY PURPOSES IN THE CnY OF GILROY, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA BEING A PORTION OF THE LANDS OF THE SOUTHERN PACIFIC TRANSPORTATION COMPANY /1,S SHOWN ON THE MAP OF TRACT NO. 10276, 'HARVEST PARK II' , FILED IN ..... = II \ BOOK 898 OF MAPS, AT PAGES 17-24, SANTA CLARA COUNTY RECORDS. � MARCH, 2022 0\ \i\ a:\ LEGEND EXISTING LOT LINE EXISTING CENTERLINE \------NEW RIGHT OF WAY LINE EXISTING CITY LIMITS LINE � - \ \ - � t-J. �� ,,>� <:;,O \ ___ _ \ \ HANNA-BRUNE::TTI EST. 1910 CIVIL ENGINEERS • LAND SURVEYORS CONSTRUCTION MANAGERS 7651 EIGLEBERRY ST. I GILROY, CA 95020 408.842.2173 DATE K.KING, P.L.S.� "Z-1. .,zz JN 13021 Project: 13021dwg Parcel Map Check Parcel name: COHANSEY NEW ROW North: 11435.0946 East : 10888.2410Line Course: N 22-23-01 W Length: 33.00North: 11465.6082 East 10875.6744 Line Course: N 67-39-58 E Length: 60.00North: 11488.4084 East 10931.1735 Line Course: s 22-23-01 E Length: 66.00North: 11427.3812 East 10956.3067 Line Course: S 67-39-58 W Length: 60.00North: 11404.5810 East 10900.8076 Line Course: N 22-23-01 W Length: 33.00North: 11435.0946 East 10888.2410 Perimeter: 252.00 Area: 3,960 sq.ft. 0.09 acres Tue March 22 10:46:54 2022 Mapcheck Closure -(Uses Error Closure: 0.0000 listed courses, radii, and deltas) Course: S 00-00-00 W East : 0.00000 Error North: -0.00000 Precision 1: 252,000,000.00 R R1997+00.00 R R 1999+00.002000+00.002001+00.00 R R 1216.14R RR R 1996+00.001997+00.001998+00.001999+00.002000+00.002001+00.002002+00.002003+00.002004+00.002004+20.73120601530030R RR R SIGN LEGEND W3-3 (36"x36") I I I l W10-1 (15" R) W10-2(R) (36"x36") EXISTING MEDI AN TO BE REMO VED TO EXTEND LEFT TURN LANE AS SHOWN W10-2(L) (36"x36") BUS STOP 8 vT A BB4-99DB BUS STOP (15"x 22") � (3.5" DIA.) 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C) D -oo- -NEW PAVEMENT LEGEND -EXISTING ROADSIDE SIGN -NEW/RELOCATED ROADSIDE SIGN -NEW BARRICADE -EXISTING ROADSIDE SIGN TO REMAIN -EXISTING ROADSIDE SIGN TO BE REMOVED -INSTALL NEW ROADSIDE SIGN -cACTRANS-ST RTPll'fG-DETAIL -ff --- --------- ""-+ "\ -· 1 1 l IlIlIlI I;J -1 � 1 � T I I I I I ��ij l I I p I�Ill , 1 5' I 29 Ill ; 12' ,'t;. (.!) Q�==�=========�===��=-t----!t-=�=--==-:��=-:==--=-=-:==--= z-X --' ... 11 ' ... 38 11.5' "" 11 ' 1 1 ' 11 ' = ECURB 7 38 12 �"BUS STOP" SIGN 250' TO LIMff-LINE - <11 '> < 11 .5> <11 '> <11 '> -w 0 <C a::: (.!) � <C w:::::> z -- - � -----------------------------8+----UPRR R/W - - • • C) ---------------� • .� ...... � .. � ... � 0::: w � ;s:Z NEW FIBER OP TIC DOME POST MARKER o ':i ·oWITH ORANGE CO VER "'z 1"999· oo:o 1998'FOO:O n_Z ::::, <(NEW PED BARRICADE WITH R49(CA) SIGN PER · c::J CAL TR ANS STANDARD PLANS ES-70 g"' ARROW ON SIGN PANEL SH ALL BE ON NORTH � - SIDE a�· BARRICADE. ARROW ON ""SlGNSf--lA[l-- - - -- - - POINT RIGHT. U PRR 997' oo:o UPRR COAST SUBDIVISIO N DOT# 755176W ---------99 00:0 UPRR R/W __________________ R13A(CA) -ENSURE SIGN IS PLACED TO THE RIGHT OF THE NEW SIGNAL POLE TO BE CLEAR OF THE SIGNAL HEADS 14' <C >w (/) z <C I0(.) ' 0 <C 0 a::: >w a::: w1-z 0 � ('.) z Q_ 0::: I-<(f) -za:: 0I.&..::J ('.) <uz >= z 0a:: ('.) ...J C) (f) I.&.. 0 0 � w(f) u 0 Q_ 0 0::: Q_ z 0, W10�1 3: '-.. ll'. z 0 < < 0 �z ;; .-.. W3-3 I- VJ z 0::: I- ,.,-:i s:t-� "' ' c•-• --GRAPHIC SCALE" "' ., I i : ( IN FEET ) 1 inch -30 ft. RAILROAD PAVEMENT LEGEND DETAIL SCALE : 1 "=1 O' '" I SHEET PD-2 3 OF 14 SHEETS JOB NO. 202008 "' 3' ""Cl<: 0 :;:; C. 0 "' <: C ..c:00I � -ii0 ::;; co00"'0N <: C a: .c:C <: [;: /"' "' <: 'ie0 "' <: C ..c:0 0I � <: 0 ::;; 0000N � E/c0 If) N v"' � -" � -'5 -,,,,,�.. N:30 0N g1Q·3 l"1L::::==========================================================================================================================================================::::::=======:::...J c -� :, 0..., CLEAR KEEP R R 1999+00.002000+00.002001+00.00 R R1997+00.00R RSTOP CLEAR KEEP R R 1999+00.002000+00.002001+00.00 R R1997+00.00R RSTOPR RR R 2000+00.00 PROJECT NOTES (SHEETS E-1 AND E-2) OJ FURNISH AND INSTALL TYPE Ill-AF SERVICE EQUIPMENT AND ENCLOSURE. PROVIDE EQUIPMENT ITEMS 1 THROUGH 8, 10, 15 THROUGH 17, AND 20 THROUGH 27 PER CALTRANS STD PLAN ES-2D. DOOR SHALL FACE NORTH. [}] INSTALL NEW PG&E SERVICE POINT PULL BOX. COORDINATE SERVICE CONNECTION WITH PG&E (831-784-3583). [}] FURNISH AND INSTALL A TYPE 332 ANODIZED ALUMINUM CABINET WITH TYPE 2070 CONTROLLER ASSEMBLY MANUFACTURED BY MCCAIN. SEE FOUNDATION DETAILS ON CALTRANS STD PLAN ES-3C. CONTROLLER CABINET SHALL INCORPORATE A BATTERY BACK-UP SYSTEM (BBS) WITH AN EXTERNALLY-MOUNTED BATTERY ENCLOSURE. THE BBS SHALL PROVIDE A MINIMUM OF TWO-HOURS OF NORMAL SIGNAL OPERATION BEFORE SWITCHING TO FLASHING RED OPERATION FOR A TOTAL MINIMUM OF EIGHT-HOURS OF OPERATION. CONTROLLER ASSEMBLY SHALL INCLUDE THE LATEST 2033 MCCAIN SOFTWARE AND A RAILROAD INTERFACE PANEL. CABINET DOOR SHALL FACE EAST. [±J FURNISH AND INSTALL #6E PULLBOX ADJACENT TO CONTROLLER CABINET. THECOVER SHALL BE MARKED "CITY OF GILROY INTERCONNECT" AND SHALL CONFORM TO CITY STD DWGS EL-12, EL-13, & EL-14. INSTALL 2" CONDUIT WITH PULL CORD FROM CONTROLLER TO COMMUNICATIONS BOX. (]] FURNISH AND INSTALL 3M OPTICOM MODEL 764 PHASE SELECTOR. CONTRACTOR SHALL BE RESPONSIBLE TO PROVIDE A FULLY FUNCTIONAL EMERGENCY VEHICLE DETECTION SYSTEM CAPABLE OF RECEIVING INFRARED DETECTION (FROM 722 DETECTORS) AND GPS DETECTION (FROM FUTURE GPS ANTENNA). @ FURNISH AND INSTALL 3M OPTICOM MODEL NO. 722 (TWO-DIRECTION,TWO-CHANNEL) EMERGENCY VEHICLE DETECTOR, COMPLETE WITH CABLE AND MOUNTING HARDWARE. MOUNT ON SIGNAL MAST ARM AS SHOWN ON THE PLAN. THE SYSTEM SHALL BE INSTALLED PER THE MANUFACTURER'S RECOMMENDATIONS. [I] FURNISH AND INSTALL MODEL R409, LIGHT EMITTING DIODE (LED) EDGE-LIT, DOUBLESIDED, ILLUMINATED STREET NAME SIGN (ISNS) AS MANUFACTURED BY CARMANAH TECHNOLOGIES, OR APPROVED EQUAL. MOUNT ISNS ON THE SIGNAL MAST ARM USING UNDERHANG BRACKETS PER THE MANUFACTURER'S SPECIFICATIONS. REFER TO "POLE AND EQUIPMENT" SCHEDULE ON SHEET E-2 FOR SIGN LEGENDS. J �.�� PPB l!l6P a ----4I6U 4I8U 4I6L 4I8L 0 I-L{) .... r<J z 2"C, _J I-::;;; _J 2 qLC 2"C, 5 DLC, 0 _J I-I-ro ::;;; m � _J z1 Cl:'. I PPB l!l3P R/W 4I7U 6'x50' -----, FOR ADDITIONAL RAILROAD EQUIPMENT CALLOUTS AND DETAILS, REFER TO SHEETS L-2 AND L-3. 19 17 5 3 2"C, 2#6·-(SERVICE TO COiTROLLER) 2r·c. 3#2 (fERVICE i° METER ) / I, SCALE 1 "= 1 O' NOTE: CONTRACTOR TO CONTACT UPRR MANAGER PUBLIC PROJECTS FOR ANY WORK WITHIN UNION PACIFIC RAILROAD RIGHT-OF-WAY. OF , Cl:'. "' � I 14 12 ♦ r GRAPHIC SCALE ' " "' "' c-----: i i I ( IN FEET ) 1 inch -20 ft. _J =>N N..., ..., r.o r.o 60' UP � TO REMAI I 3: _J => Cl:'. r<J..., m Cl:'. r.o � :r:: Cl:'. 0 0...=> 20· � ,;, • 2"C fi'PB 11l3P -□ 1 PROJECT NOTES (CONTINUED) [fil FURNISH AND INSTALL "AUTOSCOPE TERRA" VIDEO DETECTOR CAMERA AND MOUNTING HARDWARE ON LUMINAIRE MAST ARM.REFER TO THE PROJECT SPECIAL PROVISIONS FOR EQUIPMENT SPECIFICATIONS. []J FURNISH AND INSTALL NEW 36"x36" R3-4 (CA) SIGN ON SIGNAL MAST ARM. SIGN SHALL BE HIGH INTENSITY PRISMATIC(HIP) Ill OR BETTER, PER MUTCD SHEETING STANDARDS. REFER TO CAL TRANS STD PLAN ES-7N "DETAIL U" FOR INSTALLATION DETAILS. IT§) FURNISH AND INSTALL NEW 36"x36" R73-2 (CA) SIGN ON SIGNAL MAST ARM. SIGN SHALL BE HIGH INTENSITY PRISMATIC(HIP) Ill OR BETTER, PER MUTCD SHEETING STANDARDS. REFER TO CAL TRANS STD PLAN ES-7N "DETAIL U" FOR INSTALLATION DETAILS. [DJ FURNISH AND INSTALL 30"X30" R3-1 BLANKOUT SIGN TO BE ACTIVATED ONLY WHEN RAILROAD PREEMPTION IS IN EFFECT .MOUNT SIGN PER DETAILS ON CALTRANS STANDARD PLAN RS4. R.O.W. [gj FURNISH AND INSTALL PROGRAMMED VISIBILITY SIGNAL FACES. SIGNAL FACES SHALL BE PROGRAMMED SO THAT WESTBOUNDTRAFFIC WILL NOT SEE THE SIGNAL INDICATION UNTIL PASSING THE RAILROAD WARNING DEVICE, AS DIMENSIONED ON THE PLAN. CHANGED � FURNISH AND INSTALL NEW 24"x36" R10-6(LT) SIGN MOUNTED ON SIGNAL POLE PER CALTRANS STANDARD PLAN RS4. SIGN SHALL BE HIGH INTENSITY PRISMATIC (HIP) Ill OR BETTER, PER MUTCD SHEETING STANDARDS. 3: '--., Cl:'. Cl:'. I D:: Cl:'. I0... D:: => => I [BJ FURNISH AND INSTALL 4-SECTION SIGNAL HEAD PER DETAIL "A" ON SHEET E-2.� INSTALL NEW 3" CONDUIT WITH METAL ENCASEMENT (APPROX. 68') UNDER RAILROAD TRACKS PER THE JACK & BORE METHOD. TOP OF CONDUIT CASING SHALL BE INSTALLED A MINIMUM OF 5.5' BELOW THE BASE OF THE RAIL. � FINAL CONNECTION OF RAILROAD SIGNAL INTERCONNECT FROM PULLBOX TO RAILROAD SIGNAL HOUSE WILL BE MADE BY UPRR FORCES. C#16 (RR PRiE MP T) IT2J CONTRACTOR TO ADD INTERCONNECTED WARNING LABEL IN THE TRAFFIC SIGNAL CABINET TO WARN TRAFFIC SIGNALTECHNICIANS THAT THE TRAFFIC SIGNAL IS INTERCONNECTED WITH THE RAILROAD. LABEL WILL ALSO PROVIDE BOTH HIGHWAY AND RAILROAD AGENCY CONTACT INFORMATION. �REMOVE AND DISPOSE OF EXISTING LUMINAIRE & MAST ARM FROM UTILITY POLE.I•I •[Ifil FURNISH AND INSTALL NEW 24"x36" R13A(CA) SIGN ON SIGNAL MAST ARM PER CALTRANS STD PLAN ES-7N "DETAIL U".SIGN SHALL BE HIGH INTENSITY PRISMATIC (HIP) Ill OR BETTER, PER MUTCD SHEETING STANDARDS. 1 •13 1201 FURNISH AND INSTALL NEW 24"x30" RS-8 SIGN ON SIGNAL MAST ARM PER CALTRANS STANDARD ;--@ � i®BE HIGH INTENSITY PRISMATIC (HIP) Ill OR BETTER, PER MUTCD SHEETING STANDARDS. �� \1)3 ---DLC < �I�� l�E � I -J � -- � 6'x80' 3I9L PLAN ES-7N. SIGN SHALL 175' PROGRAMMED VISIBILITY □3I5U \!l6 ---- __J � " 0L{)Xr.o => m..., L{) => � 0-----_11l4 ◄-ff-,1118 9 t----.1-1 ftl-=-=-=-=-=-�t-=-=-=-=,�=-=-=-==-=-=-=-=-=-----=-=-=-=-=-=--===--==--=-�c�o HAN s EY A VE � -"' /' -OH ----OH----OH----OH----OH ---"' 8 1-=:fo;il��u =t,--i1 -----firf'H��u· -----......oltt---+�-x - I 3: '--.,O:'. 5 � O:'. -O:'. 0... I => 0 -[ 8 ro w z _J I- • [ R/'f'_ .....X 7' =--,, X X X X - -I;-----�L I -[ PROJECT NOTES (CONTINUED) EXIST. RA IL Lq:1 xD [Ifil WIRING FOR RAILROAD INTERCONNECT SHALL BE SUCH THAT THE CONNECTION OF EACH RELAY IN THE RAILROAD SIGNALSWITCH EQW!R EN T HOUSE SHALL MATCH THE SAME CIRCUIT ON THE SIGNAL CONTROLLER RAILROAD INTERFACE PANEL (IE: "GATES DOWN" I RELAY IN RR HOUSE SHALL BE CONNECTED TO "GATES DOWN" CIRCUIT OF RR INTERFACE PANEL, ETC.). CONTRACTOR SHALL x HAVE MANUFACTURER'S TECHNICIAN PRESENT DURING THE WIRING OF THE RR INTERFACE PANEL AND THE ACTIVATION OF THE SYSTEM TO ENSURE PROPER SYSTEM FUNCTION. REFER TO SHEET E-4 FOR WIRING DIAGRAM. X I � X I - X RR PREEMPTION RELAY /CIRCUIT FUNCTION 1.ADVANCED PREEMPTION: WHEN PREEMPTION SIGNAL IS RECEIVED, SIGNAL OPERATIONS WILL GO TO R.O.W. TRANSFER, FOLLOWED BY QUEUECLEARANCE.2.GATES DOWN CIRCUIT: WHEN GATES DOWN SIGNAL IS RECEIVED, SIGNAL OPERATIONS WILL GO TO LIMITED SERVICE. WHEN GATES DOWN SIGNAL STOPS,SIGNAL WILL RETURN TO NORMAL OPERATIONS.3.SIMULTANEOUS CIRCUIT (XR): THIS CIRCUIT WILL VERIFY MINIMUM ADVANCED PREEMPTION TIME IN A VARYING CONDITION, SUCH AS WHEN A TRAINSTOPS SHORT OF A CROSSING. ONCE TRAIN REMAINS STOPPED FOR ABOUT 20 SECONDS, THE CROSSING WARNING DEVICES WILL DE-ACTIVATE;HENCE THE PREEMPTION REQUEST WILL BE CANCELLED AND THE AUTOMATIC GATES WILL RISE.4.SUPERVISED CIRCUIT: THIS IS A CIRCUIT CONFIGURATION THAT CHECKS THE INTEGRITY OF THE INTERCONNECT CIRCUIT BETWEEN THE RAILROADCONTROL CABINET AND THE TRAFFIC SIGNAL CONTROLLER AND MINIMIZES THE EFFECT OF A FALSE PREEMPTION OF THE TRAFFIC SIGNALS WHILE THERAILROAD WARNING DEVICES ARE NOT ACTIVATED. THE SUPERVISED CIRCUITRY CAN DETECT IF THE INTERCONNECT CIRCUIT IS OPEN OR WIRES ARECROSSED AND SET THE TRAFFIC SIGNALS TO FLASHING OPERATION OR SEND IN AN ALARM.5.TRAFFIC SIGNAL HEALTH CIRCUIT: INFORMS THE RAILROAD CONTROLLER ABOUT THE CONDITION OF THE TRAFFIC SIGNAL SYSTEM. 911 lL ¢5 911 AND ¢5 6 ¢6 ¢1 ¢6P❖i L 911 AND 916 t 1t of 6 916 t 916P � i ¢2 912 AND 06 ¢3P -<1---0- 04 __03 f +OLA f 03+0LA OLA OLA => m _J � ::;;; NOTE: DURING NORMAL OPERATIONS, PRESIGNAL WILL TRANSITION TO RED PRIOR TO DOWNSTREAM MOVEMENTS TO PROVIDE ON-TRACK QUEUE PREVENTION. ADEQUATE TIME TO CLEAR VEHICLES FROM THE TRACK AREA AND THE DOWNSTREAM INTERSECTION WILL BE PROVIDED. 915 912 -r<J r<J _J N 912 AND 915 PROPOSED PHASE DIAGRAM (NORMAL OPERATION) w 8 z _J 1tr •: il rCURRENT STAGE IN CYCLE OLA IMMEDIATELY TERMINATED � EXCEPT FOR OLA, WHICH SHALL REMAIN GREEN IF CURRENTLY GREEN. PED lil5 912 L{) I-=> _J .... ::;;; N N r<J _J PHASES TRUNCATED OLA + "NO RIGHT TURN" 02 AND 05 + "NO RIGHT TURN" 912 AND 06 + "NO RIGHT TURN" IMMEDIATELY. BLANKOUT SIGN BLANKOUT SIGN BLANKOUT SIGN (TRACK CLEARANCE) (LIMITED SERVICE) (LIMITED SERVICE) N N -[ RIGHT OF WAY TRANSFER QUEUE CLEARANCE LIMITED SERVICE 2·1c, 2 DLC PROPOSED RR PREEMPTION PHASE DIAGRAM (.!)z-X w 0<C a::: (.!) I I-<C w :::::> z w > <C >-w (/) z <C I 0 ' 0 <C 0 a::: >-w a::: w z 0 � �., "' "' � "' a: If> <C ll'. "' 0 0"' N >- 00 wNI <C > �� ll'. O>CO I ::::, <(,........,. Z V> u:g.... , .. , • b ............. a:::·· U)If> ...J X-< ll'. "'"-z �00r,1 z >-o ... on -<( c,:0 I _J a:: I .. a..<(� - oco N • z Ii&.! ,,, �00 hi u, <(O ... a::::U� rn "'"' .. '-I' W l[)W '" z g5 \,ii -I :, � a_ a: z <( _J Q_ <-z (_') a:: 0 z l&.. ::J I-<:r: >= (_') 0 _J a:: C) � l&.. _J � <( u z (_') (f) 0 -...... 0 -...... 0 SHEET E-1 7 OF 14 SHEETS JOB NO. 202008 "' 3' ""Cl C 0 :;:; C. 0 "' C 0 ..c: 0 0 I � -ii 0 ::;; co 0 0 "' 0 N C 0 a: ,c: 0 C [;: /"'"'C 'i eD "' C 0 ..c: 0 0 I � C 0 ::;; co 0 0 N � E / C. ON N cn N -" ---'5 . ✓-.. N =" � g1Q"i l"1 L::::::============================================================================================================================::::::::::=====:::...J o -� :,D-, r GENERAL CONSTRUCTION NOTES 1.THESE PLANS ARE ACCURATE FOR ELECTRICAL WORK ONLY. 2.ALL WORK AND MATERIALS SHALL CONFORM TO THE REQUIREMENTS OF THE 2018 CALTRANS STANDARD PLANS AND SPECIFICATIONS AND ANY SUBSEQUENT REVISIONS ADOPTED BY CALTRANS, AS WELL AS THE CA MUTCD (2014 OR LATEST VERSION). 3.A LIST OF MATERIALS PROPOSED BY THE CONTRACTOR TO BE USED ON THIS PROJECT FOR STREET LIGHTING AND/OR TRAFFIC SIGNALS INCLUDING, BUT NOT LIMITED TO, LUMINAIRES, POLES, CONDUIT, CONDUCTORS, PULL BOXES, GROUND RODS, SIGNAL EQUIPMENT AND SERVICE EQUIPMENT SHALL BE SUBMITTED TO THE CITY'S PROJECT INSPECTOR FOR APPROVAL PRIOR TO THE START OF WORK AND WITHIN TWO (2) WEEKS OF CONTRACT EXECUTION. THE LIST SHALL INCLUDE MANUFACTURER'S SPECIFICATIONS FOR ALL APPLICABLE PRODUCTS. 4.THE CONTRACTOR SHALL OBTAIN THE PERMITS NECESSARY TO PERFORM THE IMPROVEMENTS SHOWN IN THESE PLANS FROM THE APPROPRIATE AGENCIES AND SHALL COMPLY WITH THE AGENCIES' REQUIREMENTS. THE CONTRACTOR SHALL COMPLY WITH ALL APPLICABLE NATIONAL, STATE AND LOCAL LAWS. CONDUCTOR AND CONDUIT SCHEDULE CONDUCTOR NUMBER OF CONDUCTORS RUN NUMBER AWG DESIGNATION & � .& .ffi .& & !A ffi & M LJ1 ,0 1 3 3 3 ,0 2 3 3 3 3 3 ,0 3 3 3 3 3 3 ,0 4 6 3 I I 3 3 3 3 ,0 5 6 3 3 3 (\ 3 3 3 3 ,0 6 6 3 3 3 � 3r\ OLA 3 3 3 V �, BLANK-OUT LED SIGN 2 LL 2 2 2 I 0 3P 4 2 2 2 __J 2 2 2 2 I #14 0 6P 2 2 2 � --, _) A 0 3PPB 2 1 1 1 LL 1 1 1 1 0 6PPB 1 1 1 !- PPB COMMON 2 1 1 1 I 1 1 1 1 SPARES 6 3 3 3 <3 3 3 3 3 - TOTAL J/14 49 22 19 13 I, I 27 24 21 16 6 rv #16 RR PREEMP TION A' ' 19-CONDUC TOR CABLE *1 A *1 *1 *1 *1 LL #10 LED ISNS 4 2 2 I r, VI 2 2 2 2 \ I I LED LIGHTING (1 OOF) 4 2 2 2 I 2 2 2 2A SIGNAL COMMON 2 1 1 1 LL 1 1 1 1 1 #8 2. TOTAL #8 2 4 3 3 3 w 3 3 3 3 1 VIDEO DETEC. CABLE 4 1 1 3 2 1 1 VIDEO POWER CABLE 4 1 1 3 2 1 1 ¢ 1 1 1 1 1 02 4 4 4 ¢ 3 1 1 1 1 1 DLC ¢ 4 2 2 ¢5 1 1 1 ¢ 6 4 4 4 4 TOTAL DLC 13 7 5 5 6 6 1 1 EV PREEMPTION CABLE 4 1 1 3 2 1 1 CONDUIT SIZE (INCHES) 4/2 4 4 4 4 4 4/2 4/2 4/2 4 4 NUMBER OF CONDUITS 2/1 1 1 1 1 1 1 /1 1 /1 1 /1 1 1 CONDUIT FILL (%) 5.3 2.9 10.8 9.2 6.5 0.0 13.4 11.8 7.2 5.8 2.1 ALL CONDUITS & CONDUCTORS SHOWN ON THIS SCHEDULE ARE NEW. 5.THE CONTRACTOR SHALL BE RESPONSIBLE FOR VERIFICATION OF LOCATIONS AND DEPTHS OF 17.THE CONTRACTOR SHALL FURNISH AND INSTALL A REMOVABLE TUNNEL-STYLE METAL EXISTING UTILITIES BEFORE BEGINNING CONSTRUCTION. UTILITY COMPANIES AND UNDERGROUND VISOR CONFORMING TO ANSI STANDARD D-10.1 ON ALL NEW VEHICLE SIGNAL SECTIONS. SERVICE ALERT (USA) (1-800-227-2600) SHALL BE NOTIFIED 48 HOURS PRIOR TO EXCAVATION PLASTIC VISORS SHALL NOT BE USED. WITHIN THE PROJECT AREA.18.ALL NEW SIGNAL STANDARDS SHALL BE GALVANIZED. 6.ALL UTILITIES AND IMPROVEMENTS THAT BECOME DAMAGED DURING CONSTRUCTION SHALL BE COMPLETELY RESTORED BY THE CONTRACTOR TO THE SATISFACTION OF THE CITY ENGINEER AT THE 19.AUDIBLE PEDESTRIAN SIGNAL (APS) UNITS SHALL BE INSTALLED WITH EACH PEDESTRIAN CONTRACTOR'S EXPENSE.SIGNAL HOUSING. APS UNITS SHALL BE MOUNTED ON TOP OF PEDESTRIAN SIGNAL HOUSINGS AND SHALL BE WIRED TO OPERATE WITH THE "WALK" INTERVAL ASSOCIATED 7.THE CONTRACTOR SHALL BE RESPONSIBLE FOR DAMAGE INCURRED TO SERVICE LATERALS (GAS,WITH THE PEDESTRIAN PUSH BUTTON ON THE POLE. APS UNITS SHALL BE PROPERLY WATER, ELECTRICAL, SEWER, ETC.) WHICH MAY OR MAY NOT BE SHOWN ON THESE PLANS. THE PROGRAMMED WITH RESPECT TO NORTH-SOUTH AND EAST-WEST DESIGNATIONS. APS CONTRACTOR SHALL COORDINATE WITH UTILITY COMPANIES AND HAVE THEM MARK THE LATERALS.UNITS SHALL INCORPORATE DRIVER CIRCUITRY AS REQUIRED TO POWER A CALL USA BEFORE EXCAVATION BEGINS.VIBRO-TACTILE PEDESTRIAN PUSH BUTTON WITH LOCATING TONES. APS UNITS SHALL BEMODEL POLARA NAVIGATOR AS MANUFACTURED BY POLARA ENGINEERING INC., OR 8.THE CONTRACTOR SHALL COORDINATE ANY ADJUSTMENT, REMOVAL, REPLACEMENT OR RELOCATION OF APPROVED EQUAL, AND SHALL BE INSTALLED PER MANUFACTURER'S RECOMMENDATIONS. UNDERGROUND FACILITIES IN THE CONSTRUCTION AREA WITH THE UTILITY COMPANY. 20.PEDESTRIAN PUSH BUTTONS (PPB) SHALL BE ADA-COMPLIANT AND SHALL INCORPORATE 9.COORDINATE ANY ELECTRICAL SERVICE WORK WITH PG&E WELL IN ADVANCE OF THE NEED FOR THE A TACTILE HORIZONTAL ARROW SYMBOL THAT VIBRATES DURING THE "WALK" INTERVALWORK. COST FOR ANY PG&E WORK WILL BE BORNE BY CONTRACTOR.OR THE ASSOCIATED PEDESTRIAN PHASE. PPB UNITS SHALL ALSO PROVIDE A STEADY TONE CONSISTING OF LOW-VOLUME CLICKING SOUNDS TO ASSIST VISUALLY-IMPAIRED10.OBTAIN APPROVAL FOR EXACT EQUIPMENT LOCATIONS FROM THE ENGINEER PRIOR TO FINAL PEDESTRIANS IN LOCATING THE PUSH BUTTON. THE VIBRATING TACTILE SURFACE ANDPLACEMENT. LOCATIONS OF STANDARDS, PULL BOXES, LOOPS AND OTHER EQUIPMENT SHOWN ON LOCATING TONE SHALL BE DRIVEN BY CIRCUITRY CONTAINED WITHIN THE AUDIBLETHESE PLANS ARE APPROXIMATE. THE ENGINEER SHALL LOCATE THE EQUIPMENT IN THE FIELD PRIOR PEDESTRIAN SIGNAL UNIT TO BE MOUNTED ON THE PEDESTRIAN SIGNAL HOUSING ABOVETO ANY INSTALLATION WORK.THE PPB LOCATION. PPB UNITS SHALL BE MODEL POLARA NAVIGATOR AS MANUFACTURED BY POLARA ENGINEERING INC., OR APPROVED EQUAL, AND SHALL BE11.CONDUCTOR SCHEDULE IS FURNISHED AS AN INSTALLATION GUIDELINE ONLY. IT SHALL BE THE INSTALLED PER MANUFACTURER'S RECOMMENDATIONS.CONTRACTOR'S RESPONSIBILITY TO PROVIDE THE CORRECT CONDUCTORS REQUIRED FOR THE INTENDED SIGNAL OPERATIONS.21.THE CONTRACTOR SHALL FURNISH AND INSTALL A WALK/FLASHING DON'T WALK/DON'T 12.THE CONTRACTOR SHALL FURNISH AND INSTALL ALL EQUIPMENT AS SPECIFIED ON THE PLANS. THE WALK ADVISORY PLAQUE (R10-3b PER 2014 CALIFORNIA MUTCD) ON THE TRAFFIC SIGNAL POLE ABOVE EACH PEDESTRIAN PUSH BUTTON UNIT.CONTRACTOR SHALL FURNISH ALL MATERIALS, EQUIPMENT, LABOR AND INCIDENTAL WORK FOR THE PROJECT.22.ALL SIGN AL ST ANDARDS WI TH A PEDESTRI AN PUSH BU TTON SH ALL BE LOCA TED WI THIN 13.ALL NEW VEHICLE SIGNAL HEADS SHALL HAVE 12-INCH DIAMETER LENSES WITH TUNNEL-STYLE 5' OF THE NEAREST CROSSWALK/A CCESS RAMP. VISORS AND BACKPLATES. SCREWS SHALL BE PLACED IN ALL BACKPLATE SCREW HOLES.23.SIGN LE TTERING FOR ILLUMIN ATED STREE T NAME SIGNS SHALL BE 8" UPPER CASE AND 6" LOWER CASE, CLE AR VIE W W-4 FONT, PER FEDER AL HIGHWA Y ADMINISTRA TION14.THE CONTRACTOR SHALL FURNISH AND INSTALL NEW RED, AMBER, AND GREEN CIRCULAR LIGHT EMITTING DIODE (LED) MODULES IN EACH NEW VEHICLE SIGNAL HEAD. THE LED SIGNAL MODULES STAND ARDS. BACKGROUND COLOR SHALL BE GREEN. SHALL CONFORM TO THE CURRENT CALTRANS SPECIFICATIONS. THE CONTRACTOR SHALL PROVIDE 24.ILLUMINATED STREET NAME SIGNS SHALL BE CONTROLLED BY A COMMON, POLE TOPMANUFACTURER CONTACT INFORMATION FOR WARRANTY PURPOSES.MOUNTED PHOTOELECTRIC UNIT. 15.THE CONTRACTOR SHALL FURNISH AND INSTALL AN LED MODULE INCORPORATING A NUMERICAL 25.ALL DLC SH ALL BE INSTALLED WI THOU T SPLICES.COUNTDOWN DISPLAY IN COMBINATION WITH STANDARD LED PORTLAND ORANGE "UPRAISED HAND" AND LED LUNAR WHITE "WALKING PERSON" SYMBOLS IN EACH NEW PEDESTRIAN SIGNAL HEAD.26.THE CON TR ACTOR SH ALL DELI VER THE COMPLE TE CON TROLLER ASSEMBL Y INCLUDING SOF TWARE TO THE CI TY TRAFFIC SIGN AL MAIN TEN A NCE PRO VIDER. THE CONTRACTOR16.THE PRESENCE OF VEHICLES AND BICYCLES SHALL BE DETECTED BY MEANS OF A VIDEO DETECTION SHALL CALL THE PROJECT MANAGER AT LE AST 48 HOURS BEFORE DELI VERING THESYSTEM WITH ONE ( 1) COLOR VIDEO CAMERA (MINIMUM) PER INTERSECTION LEG. THE VIDEO CON TROLLER ASSEMBL Y. ALLOW 4 WE EKS FOR TES TING. WHEN THE TEST ISDETECTION SYSTEM SHALL BE ECONOLITE AUTOSCOPE TERRA, OR APPROVED EQUAL, AND SHALL BE SUCCESSFULL Y COMPLETED, THE CON TR ACTOR SHALL PICK UP THE ASSEMBL Y FORINSTALLED PER THE MANUFACTURER'S RECOMMENDATIONS. THE CONTRACTOR SHALL BE RESPONSIBLE DELI VE RY TO THE JOB SITE.FOR PROGRAMMING OF ALL VIDEO DETECTION ZONES AND PROVIDING A FULLY FUNCTIONAL VIDEO DETECTION SYSTEM.27.ALL NEW PULL BOXES SH ALL BE NO. 6 UNLESS OTHER WISE SPECIFIED ON PLANS. PULL BOXES SH ALL HAVE AN TI-THEF T LIDS PER CI TY OF GILR OY ST AND ARD DR AWING EL-14. LIDS SHALL HAVE A BL ACK SKID-RESISTAN T FINISH PER CI TY STAND ARD DR AWING EL-14. 28.ALL SAFE TY LIGH TS (SIGN AL LUMIN AIRES) SHALL BE TYPE 3 LED, 1 OOF @ 530mA, MANUF ACTURED BY LEO TEK. POLE AND EQUIPMENT SCHEDULE 0 CIRCULAR RED VEH. SIGNAL LED POLE STANDARD MOUNTING PED PPB LUMINAIRE NO. SIG. MAST LUM. MAST SIGNAL (No. & TYPE TYPE (FEET ) (FEET) MAST ARM POLE MOUNTING % OF LED) ,A-.. ® F=15')29-5-100 55 15 MAS SV-1-T 100F- MAS F=27') @ 1-8 TV-2-T SP-1-T 6P.... © 17-3-100 20 15 MAS SV-1-T SP-1-T 6P 100F- @ 15TS 15 SV-2-TA SP-1-T 3P 100F.... � AC: © F=15')29-5-100 45 15 MAS SV-2-TA SP-1-T 3P 100FMAS F=27')- ® 15TS 15 TV-1-T -100F © 24-4-100 35 15 �AS MAS F=14')SV-3-TB -100F (8) 16-2-100 20 MAS SV-1-T - NOTES: "F" DIMENSION IS SIGN AL HE AD MOUN TING DI STANCE FROM END OF MAST ARM. ALL EQUIPMEN T SHOWN ON THIS SCHEDULE IS NEW. 0 LED EDGE LIT ISNS SPECIAL REMARKS 0 [z] •cohansey Ave•m[!][Q] � � DETAIL "A": 4-SECTION NTS [z] m[!]��IHI "Monterey Rd" [z] •cohansey Ave"m[!][Q] � [z] "Monterey Rd"m[!]�[TI]IHI [TI]� CIRCULAR YELLOW CIRCULAR GREEN GREEN LEFT ARROW SIGNAL HEAD �1sofESS/0&1 °,@ c:,\.llO T l?u. ��a "'<1. ::'.!� 63950 <;;;;."' "".., ""*19-CONDUCTOR CABLE FOR RR PREEMPTION SHALL BE INSTALLED IN ITS OWN 2" CONDUIT, SEPARATE FROM ALL OTHER SIGNAL CONDUCTORS."'-Exp. 9-30-22 "'"' A* "'1-t, CIVIi.. �r:,'<f:"t- or CALI " a: "' ct� "'0 "' N >-oo w NI ct >��0:: a, co I ::::, <(,........,. Z V> u:g. ...Ill . b -- .� U) "'�� N a::: �LL . ' z w • (.!) z-X w 0 <C a::: (.!) I I-<C w :::::> z w > <C >-w (/) z <C I 0 (.) ' 0 <C 0 a::: >-w a::: w I-z 0 � �., �u >-� "' z a -"'> I"! � .. I"! �"' � � � zoo ,-.IIJz>-O on ., <( "'0 _J o:: I -I .. a..<(� -ocoa: . z 1/) � 00 Ill <(O a::::U� �w "'·· w "'w � z f66-I :, � a_ a: w � " (f) w _J :::> 0 w :r: <-0 a:: (f) 0 I.&.. ::J (? <uz I->= 0 :r: a:: ....J (? C)- _J I.&.. 0 � � u _J <( z (? -(f) , " 0 .. 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I 0 ,,,.u) I DATE I MK I SHEET REVISIONS I BY I CK I SCALE 11 I I I I I MONTEREY ROAD / COHANSEY AVENUE AT-GRADE XING SIGNAL POLE OVERHEAD CLEARANCES 'R�• r21.. RUGGERI-JENSEN-AZAR 0 0, gjtsl \.. I Ul ./' DATE 07/02/2021 /'- Drawing: W:\Jobs 20\202008 -Harvest Park Monterey-Cohansey\Drawings\Final\Plans\202008 Monterey-Cohansey Median Option.dwg Jul 02, 2021, 10:48am CITY OF GILROY, CALIFORNIA ./\.. ENGINEERS ■ PLANNERS ■ SURVEYORS 8055 CAMINO ARROYO GILROY, CA 95020 PHONE: ( 408) 848-0300 FAX: ( 408) 848-0302 .... / ' :::::0 )> ' :::::0 0 )> -I :::::0 )> .-, .-, 0 (J) G) z )> ' ""TI :::::0 l'l l'l � ""TI -I 0 z :::::0 l'l � (J) *REG I sr�-ll<; .._ '? ,,, l < O,o -,,� � 0 .-0 c:, . m �-g ..,.,("') <O u,I 0..., n<: I co � :,. - vJ lTI -; en i-"(""'" OQ ;o--:;;, I ,�o 'ii,,, :::l --.., �. ,,.,,,-1 o"\ � .. �]]\\\� '--...0 coc:, 0 '"" CABLE "-"-" ::r:: (/) ---I rT7 -::;o )> G, )> 1 Z '1 -----j )> "'Tl I ' 0 -z CD -l>- I � � -----j (/)::r:: .._ e-- t; -&» i: @- -""TI(/) ::::0' rT7 �G,0::::0 ◄ ?� O C) o ► � -----j Zf"Tl t� (/)s:: C ""D �::::0 <)> rT7 fTl zrT7 ::r:: rT7S::::oO ""D I C -----j fTl (/) -'I'- @------- � X ::;o t� � GI ?� t� ""D < )>::;o rT7 0fTl ::r:: <fTl -)>s::::o z --0 1 0 ---I rT7 rT7 @--1 -----j ::::0 f- - -I� I ?� -'I'- -- """ ""-" ,--------------------------=-=�----��--�-=-=-��----7 I �---�-+----+-----. �---� I 1 � OC) o x � hi I � 0 ::::o -u ::::o I I �---�::r:: �-----�-----��==��=====-�=;======�� I z z z z II I + O O O O O O O Z Z O Z Z 0 0 0 0 L _______________________________________________ J -- 11D :s:: 0 0 )> z :::::0 :::::0 -0 ::r:: -o z c� (/) ::::0f"T7C s:::: rT7 z -----j CD O -----J 0 0 ::::0xz► -----j ., ::::0 .,00 ' m "'z ":I oO l\) I l\) . 0 "' 0 [/J � a, I DATE I MK I SHEET REVISIONS I BY I CK I SCALE 1 I I I I I I I DATE 09/09/2021 MONTEREY ROAD / COHANSEY AVENUE AT-GRADE XING RAILROAD PREEMPTION WIRING DIAGRAM CITY OF GILROY, CALIFORNIA 'R�• r�1.. RUGGERI-JENSEN-AZAR ENGINEERS■ PLANNERS■ SURVEYORS '[/J /' _/'/'-. 8055 CAMINO ARROYO GILROY, CA 95020 PHONE: ( 408) 848-0300 FAX: ( 408) 848-0302 Drawing: W:\Jobs 20\202008 -Harvest Park Monterey-Cohansey\Drawings\Final\Plans\202008 Monterey-Cohansey Median Option.dwg Sep 16, 2021, 8:45am .., � CLEAR KEEP R R 1999+00.002000+00.002001+00.00 R RR RCLEARKEEP R R 1999+00.002000+00.002001+00.00 Steering AngleLock to Lock TimeArticulating AngleWB-40Trailer TrackTractor TrackTrailer WidthTractor Width12.503.00feet8.008.00:8.008.00:::0.003.0025.507.5033.00::: 6.020.370.045.5' "' 3" C 0 :;:, C. 0 00 C C .c 0 u I � w � C 0::::; CXJ a a N a N ./ 00 C C a: ./ C C ti: ./ 00 "' C "ji 00 C C .c 0 u I � C 0 ::::; C D.. GENERAL NOTES 1.THESE TRAFFIC CONTROL PLANS HAVE BEEN PREPARED USING INFORMATION CONTAINED IN THE 2014CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (2014 CA MUTCD LATEST REVISION). 2.ALL PROPERTY OWNERS SHALL BE NOTIFIED IN ADVANCE OF ANY CONSTRUCTION THAT MAY AFFECTPROPERTY ACCESS. ACCESS TO ALL AFFECTED PROPERTIES SHALL BE MAINTAINED OPEN DURINGCONSTRUCTION, UNLESS NOTED OTHERWISE. 3.THE CONTRACTOR SHALL INSTALL TRAFFIC CONTROL DEVICES PRIOR TO COMMENCEMENT OFCONSTRUCTION. THE CONTRACTOR SHALL ALSO MAINTAIN ALL TRAFFIC CONTROL DEVICES DURINGCONSTRUCTION AS REQUIRED BY THE CITY ENGINEER. A 24 HOUR "ON-CALL" TELEPHONE NUMBERSHALL ALSO BE PROVIDED BY THE CONTRACTOR FOR SERVICES REQUIRED BEYOND THE NORMALMAINTENANCE OPERATIONS. 4.ACTUAL SIGN INSTALLATION LOCATIONS ARE TO BE DETERMINED IN THE FIELD. ALL NEW SIGNS SHALLBE INSTALLED PER CAL TRANS STD PLANS RS1 -RS4 OR ON APPROVED BARRICADES. SIGN LOCATIONSSHALL BE APPROVED BY THE CITY ENGINEER/INSPECTOR PRIOR TO ANY INSTALLATION WORK. 5.SIGNS SHALL BE INSTALLED/PLACED AND REMOVED BY THE CONTRACTOR IN ACCORDANCE WITHTHESE PLANS AND AS DIRECTED BY THE CITY. 6.SIGNS SHALL BE DESIGNED AND COMMERCIALLY MANUFACTURED ACCORDING TO CURRENT CALTRANSSTANDARD SPECIFICATIONS AND CA MUTCD. 7.THE FRAMEWORK FOR BARRICADE-MOUNTED SIGNS SHALL CONSIST OF A BASE, FRAMEWORK, AND ASIGN. 8.SANDBAGS AND/OR GRAVEL BAGS SHALL BE PLACED OVER THE BASE LEGS OF BARRICADE-MOUNTEDSIGNS TO PREVENT ANY OVERTURNING. 9.ANY EXISTING SIGNS, STRIPING, AND/OR PAVEMENT MARKINGS THAT CONFLICT WITH THESE TRAFFICCONTROL PLANS SHALL BE COVERED OR REMOVED DURING CONSTRUCTION. REMOVAL OF ROADWAYSTRIPING AND/OR PAVEMENT MARKINGS SHALL BE DONE IN ACCORDANCE WITH CURRENT CALTRANSAND CA MUTCD STANDARDS. SIGNS, STRIPING, AND/OR PAVEMENT MARKINGS SHALL BE RESTORED TOEXISTING CONDITIONS, TO THE SATISFACTION OF THE CITY ENGINEER/INSPECTOR, ONCECONSTRUCTION IS COMPLETE. 10.ALL BARRICADES USED DURING EVENING/NIGHTIME SHALL HAVE FLASHING WARNING LIGHTS. 11.CONSTRUCTION ACTIVITIES AND TRAFFIC CONTROL MEASURES SHALL BE LIMITED TO THE HOURSBETWEEN 9:00 AM AND 4:00 PM, MONDAY THROUGH THURSDAY, UNLESS OTHERWISE APPROVED BY THE CITY ENGINEER/INSPECTOR. 12.CONTRACTOR SHALL INSTALL "NO PARKING TOW-AWAY ZONE" SIGNS AS NEEDED 48 HOURS INADVANCE OF STARTING WORK. 13.THE CONTRACTOR SHALL NOTIFY IN WRITING ALL PROPERTY OWNERS AFFECTED BY THE CLOSURE OFCOHANSEY AVENUE AT LEAST 72 HOURS IN ADVANCE OF THE DAY OF CLOSURE. 14.THE CONTRACTOR SHALL COORDINATE THE CLOSURE OF THE ROADWAY AND RAILROAD TRACK WITHTHE UNION PACIFIC RAILROAD COMPANY (UPRR) AND COMPLY WITH ALL REQUIREMENTS OF THERAILROAD ENCROACHMENT PERMIT AND THE CONSTRUCTION MAINTENANCE AGREEMENT BETWEEN THECITY OF GILROY AND UPRR. MAXIMUM SPACING OF CHANNELIZING DEVICES MAXIMUM CHANNELIZING DEVICES SPACING SPEED TAPER TANGENT CONFLICT (MPH) (FEET) (FEET) (FEET) 20 20 40 10 25 25 50 12 30 30 60 15 35 35 70 17 40 40 80 20 45 45 90 22 50 50 100 25 55 50 100 25 60 50 100 25 65 50 100 25 70 50 100 25 R1-1 ( 30"x30 ") NO PED CROSSING ♦ USE CROSSWALK R49(CA) (42"x18") C20(CA) (36"x36") W20-4 (36"x36") SIGN LEGEND R 3 -1 (24"x24") W 3-3 (36"x36") C24(CA) (36"x36") W20-5(R) (36"x36") R 3-2 (24"x24") W20-1 (36"x36") C 30(CA) (36"x36") W20-5(L) (36"x36") I' ONLY R 3-5(R) (3 0"x36") COHANSEY AVf. S 1 CLOSED W20-3 (36"x36") G) I ♦ DETOUR] SC3(CA) ( 48"x18") C9A(CA) (36"x36") KEEP • RIGHT ROAD CLOSED R4-7a (24"x30") R6-1 (R) (36"x12") R11-2 ( 48 "x30") W21-5A (36"x36") r DETOUR. M4-1 O(L) (48 "x 18") (3.5" DIA.) FIBER OPTIC DOME POST MARKER W10-1 (15" R) M4-1 O(R) (48 "x 18") BUS STOP � VTA 694-S908 W10-2(R) (36"x36") W1-4(L) (36"x36") BUS STOP ( 15"x22 ") ROAD CLO SED 1 /2 MILE AHEAD LOCAL TRAFFIC ONLY R11-3A (60"x30") W10-2(L) (36"x36") I W1 -4(R) (36"x36") ROAD CLOSED TO THRU TR AFFIC R11-4 (60"x30") PARKING ANY TIME R26(S) (12"x18") W4-2(L) (36"x36") W4-2(R) (36"x36") W3 -4 (36"x36") 40 MPH W13-1P (18"x18") c., z -X w 0 <C 0:::: c., � <C w => z � <C >w (/) z <C I 0 (.) ' 0 <C 0 0:::: >w 0:::: w 1-z 0 � � "' rn z 0 rn 0 z w (_') w _J z (_') U) 0 z <( U) w lo z z <( _J Q_ _J 0 0::: 1-z 0 u u LL LL <( 0::: SHEET <-a:: ::J < 0 >= 0 a:: ...J c3 LL. 0 � 0 "' 0 "' 0 0 TCP-1 12 OF 14 SHEETS JOB NO. 202008 1 216.1 4CLEARKEEPR RSTOP R RR RAHEADSIGNALEGK-RAILW20-1W20-1W20-4C9A(CA)C30(CA)W1-4(R)W4-2 (R),W13-1P (40)W4-2 (L),W13-1P (40)W20-5 (L)W20-1,W3-5 (40)W20-5(R)W20-1,W3-5(40)W1-4 (L)C9A(CA)W3-4C9A(CA)W3-4FGC30(CA)W20-1C30(CA)PROVIDE MIN 6' CLEARANCE FROMK-RAIL TO NEAREST RAIL LINE (TYP) 1 216.1 4CLEARKEEPR RSTOP R RR RAHEADSIGNALEGK-RAILFGW20-1W20-1W20-4C9A(CA)R3-2W1-R(4)W4-2 (L),W13-1P (40)W20-5 (L)W20-1,W3-5 (40)W1-4 (L)C30(CA)C9A(CA)W3-4C9A(CA)W3-4W4-2 (R),W13-1P (40)W20-5(R)W20-1,W3-5(40)W20-1C30(CA)PROVIDE MIN 6' CLEARANCE FROMK-RAIL TO NEAREST RAIL LINE (TYP) CLEARKEEPR R1998+00.001999+00.002000+00.002001+00.002002+00.002003+00.00R/WR/W EXISTING SPUR TRACK TO BEREMOVED DUE TO PROPOSEDMAINLINE TRACK PROFILERETAINED FILL (TYP.)REFER TO EXHIBIT F2FOR PROFILEA A PROPOSED RAIL-OVER-ROADCROSSING SURFACESECTION A-AUPRR R/WUPRR R/WR/W R/W / \.. Drawing: \ \GIL DCSRV\Work\Jobs 20\202008 -Harvest Park Monterey-Cohansey\Drawings\Fina l\Plans\Exhibi t F Rail COHANSEY.dwg Apr 16, 2021, 10:28am I <o fTl :::0 :::0 N --l 0 oz )> -I ' )> ' ....... = .......:II II ....... 0 ....... 0 ►...,,-lrnr -U►S:►0 00-<►o-z Cf) �Oz;;::O ;;o)>)> ...,,o�►-1 ►r-u� rs: CfJ0ZG)-U_ fTI ;;:: )> z z ;;o s::: oo ►►► o► O c... < r -I :ii: X CfJ)> C fTI r I -I ;;:: -I (f)-1 -.-< G) I )> )>fTI z ;;o -I <s::: -I -I )> -u fTI fTI -I fTI fTI I o ;;o r I Z ;;o fTI fTI 0 -< :ii:fTI -I Cf) -� Cf) fTI s::: o 25 o Fv-0Q ;;o Z ;;o Z-lz OCfJ fTI Z0 0 -I Cf) fTI fTI -uOz JTJ CfJo...,,JTJO;;o ;;oz;;o 0oCfJ o -c:: fTI 0 fTJ fTI 5 -< G) )> -1 -I o�r · r 0~r ;;o -;;o-1 0 rZ CIJ ► O �-------� o fTIr o� fTl,O ;;oc ,� r O )> -v, CfJJTJ_ ;;o ;;o Cf) fTI fTI *REG I srf,B ... � o, lfo<',i � � �o"" o . en �-g..,., C") co t.,J O..., n< I co c:;-:, _u (11 -, en r("'"'"oo -=b-"4\ I ,�c � � -'\'- �, -� 0' ' _._,, • �33ll I�> 0 0 0... N m I DATE I MK I 0 0 >< NZ ":I ::c [JJ D <:) -N N ICD t,;D -t,;D [JJ --I t,;t,;"'Tl ..,I Ul "'-> ---�--v::;-2 TTJ ' 2011 +00 2012+00 2013+00 2014+00 2015+00 2016+00 2017+001 I I 2018+00 LLr 2019+00 J, ..• 2020+00 I I/ I 2021+00 LAS I IMAS I r I /\> 0 � � I I (J1 0 a_ < 0 I I I I I .,, "' � "' � "' N> N>� N> N>c5 _,. NJ tr cl< -I"--I"-u, 0) 0 r u, r u, 0 u, 0 1980+ouj I I I I I I I I I I I 0 1981+00----�1� I I l I I I � 1982+00 1983+00 I I I I I I I I U1 0 0 \_ \ . I I I Ii . 1984+oul I I' 1985+00 1986+0ul I 11 ----t\ 1987+00 1988+00 1989+00 1990+0ul I I 11 I I 1� \"F.2 .o ;;-'I 2022+001 I 1-� ! ! !! !! j I I I 1991 +00 2023+00 2024+00 I I2025+00 I I N N� � 0 (J1 I I 0) � I I N N 0 SHEET REVISIONS I I N N (J1 I I N (.,j 0 BYICK I I I I N N(.,j _,,. (J1 0 SCALE DATE 04/16/2021 ,, I I N_,,. (J1 I I I I I I I <o fTl :::0 :::0 N N N N --l 0 (J1 (J1 0) 0 (J1 0 oz )> --l' )>' ' . ....... : ....... = II II ....... 0 .......0 0 1992+00 \ I I :Jl;;o 0-u0 Cf)fTI0 1993+00 1 � I �-fTIXCf)-I1994+00 z 1995+00 1996+00 1997+00 1998+00 I I I I 1999+00 I I 2000+001 I I I I �� ;;o...,, )> 7.7fTI ±17' IROAD�AY I I I CLEARANCE I . I I . . I I I 1. III I I I I 1 �-I I I 1. 11 • .• .• • . I .• • • _L I I (I I 0 r� r () r I I I r I 3' glALLASTED Ri',IL II I I I ' ,--2001 +00 I 2002+oul I I I I I I I I /1 �I I I 1,8 2003+00 • 2004+00· 2005+00 2006+00 2007+00 2008+00 2009+00 I I 1/lv!;?I I I 201 o+ou I I L::J;:-?L__....L......,_=--,,.,.,,,-, <'.: (J1 0 0 ('I (J1 0 a_ < 0 MONTEREY ROAD / COHANSEY AVENUE AT-GRADE XING CONCEPTUAL GRADE SEPARATION PROFILE CITY OF GILROY, CALIFORNIA 'R�• r�1.. RUGGERI-JENSEN-AZAR ENGINEERS• PLANNERS ■ SURVEYORS 8055 CAMINO ARROYO GILROY, CA 95020 _/\. PHONE: ( 408) 848-0300 FAX: ( 408) 84 8-0302 "I � EXHIBIT B TO PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT SECTION 1. CONDITIONS AND COVENANTS A.The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances. The Political Body shall not use or permit use of the Crossing Area for any purposes other than those described in this Agreement. Without limiting the foregoing, the Political Body shall not use or permit use of the Crossing Area for railroad purposes, or for gas, oil or gasoline pipe lines. Any lines constructed on the Railroad's property by or under authority of the Political Body for the purpose of conveying electric power or communications incidental to the Political Body's use of the property for highway purposes shall be constructed in accordance with specifications and requirements of the Railroad, and in such manner as not adversely to affect communication or signal lines of the Railroad or its licensees now or hereafter located upon said property. No nonparty shall be admitted by the Political Body to use or occupy any part of the Railroad's property without the Railroad's written consent. Nothing herein shall obligate the Railroad to give such consent. B.The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required for its convenience or purposes. In the event the Railroad shall place additional tracks upon the Crossing Area, the Political Body shall, at its sole cost and expense, modify the Roadway to conform with all tracks within the Crossing Area. C.The right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or unrecorded, and also to any renewals thereof. The Political Body shall not damage, destroy or interfere with the property or rights of nonparties in, upon or relating to the Railroad's property, unless the Political Body at its own expense settles with and obtains releases from such nonparties. D.The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent with the right hereby granted, including, but not by way of limitation, the right to construct, reconstruct, maintain, operate, repair, alter, renew and replace tracks, facilities and appurtenances on the property; and the right to cross the Crossing Area with all kinds of equipment. E.So far as it lawfully may do so, the Political Body will assume, bear and pay all taxes and assessments of whatsoever nature or kind (whether general, local or special) levied or assessed upon or against the Crossing Area, excepting taxes levied upon and against the property as a component part of the Railroad's operating property. F.If any property or rights other than the right hereby granted are necessary for the construction, maintenance and use of the Roadway and its appurtenances, or for the performance of any work in connection with the Project, the Political Body will acquire all such other property and rights at its own expense and without expense to the Railroad. SECTION 2. CONSTRUCTION OF ROADWAY A.The Political Body, at its expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for the Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained. B.Except as may be otherwise specifically provided herein, the Political Body, at its expense, will furnish all necessary labor, material and equipment, and shall construct and complete the Roadway and all appurtenances thereof. The appurtenances shall include, without limitation, all necessary and proper highway warning devices (except those installed by the Railroad within its right of way) and all necessary drainage facilities, guard rails or barriers, and right of way fences between the Roadway and the railroad tracks. Upon completion of the Project, the Political Body shall remove from the Railroad's property all temporary structures and false work, and will leave the Crossing Area in a condition satisfactory to the Railroad. C.All construction work of the Political Body upon the Railroad's property (including, but not limited to, construction of the Roadway and all appurtenances and all related and incidental work) shall be performed and completed in a manner satisfactory to the Assistant Vice President Engineering-Design of the Railroad or his authorized representative and in compliance with the Plans, and other guidelines furnished by the Railroad. D.All construction work of the Political Body shall be performed diligently and completed within a reasonable time. No part of the Project shall be suspended, discontinued or unduly delayed without the Railroad's written consent, and subject to such reasonable conditions as the Railroad may specify. It is understood that the Railroad's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trains, engines or cars may cause delays in the work of the Political Body. The Political Body hereby assumes the risk of any such delays and agrees that no claims for damages on account of any delay shall be made against the Railroad by the State and/or the Contractor. SECTION 3. INJURY AND DAMAGE TO PROPERTY If the Political Body, in the performance of any work contemplated by this Agreement or by the failure to do or perform anything for which the Political Body is responsible under the provisions of this Agreement, shall injure, damage or destroy any property of the Railroad or of any other person lawfully occupying or using the property of the Railroad, such property shall be replaced or repaired by the Political Body at the Political Body's own expense, or by the Railroad at the expense of the Political Body, and to the satisfaction of the Railroad's Assistant Vice President Engineering-Design. SECTION 4. RAILROAD MAY USE CONTRACTORS TO PERFORM WORK The Railroad may contract for the performance of any of its work by other than the Railroad forces. The Railroad shall notify the Political Body of the contract price within ninety (90) days after it is awarded. Unless the Railroad's work is to be performed on a fixed price basis, the Political Body shall reimburse the Railroad for the amount of the contract. SECTION 5. MAINTENANCE AND REPAIRS A.The Political Body shall, at its own sole expense, maintain, repair, and renew, or cause to be maintained, repaired and renewed, the entire Crossing Area and Roadway, except the portions between the track tie ends, which shall be maintained by the Railroad at the Political Body’s expense. B.If, in the future, the Political Body elects to have the surfacing material between the track tie ends, or between tracks if there is more than one railroad track across the Crossing Area, replaced with paving or some surfacing material other than timber planking, the Railroad, at the Political Body’s expense, shall install such replacement surfacing, and in the future, to the extent repair or replacement of the surfacing is necessitated by repair or rehabilitation of the Railroad’s tracks through the Crossing Area, the Political Body shall bear the expense of such repairs or replacement. SECTION 6. CHANGES IN GRADE If at any time the Railroad shall elect, or be required by competent authority to, raise or lower the grade of all or any portion of the track(s) located within the Crossing Area, the Political Body shall, at its own expense, conform the Roadway to conform with the change of grade of the trackage. SECTION 7. REARRANGEMENT OF WARNING DEVICES If the change or rearrangement of any warning device installed hereunder is necessitated for public or Railroad convenience or on account of improvements for either the Railroad, highway or both, the parties will apportion the expense incidental thereto between themselves by negotiation, agreement or by the order of a competent authority before the change or rearrangement is undertaken. SECTION 8. SAFETY MEASURES; PROTECTION OF RAILROAD COMPANY OPERATIONS It is understood and recognized that safety and continuity of the Railroad's operations and communications are of the utmost importance; and in order that the same may be adequately safeguarded, protected and assured, and in order that accidents may be prevented and avoided, it is agreed with respect to all of said work of the Political Body that the work will be performed in a safe manner and in conformity with the following standards: A.Definitions. All references in this Agreement to the Political Body shall also include the Contractor and their respective officers, agents and employees, and others acting under its or their authority; and all references in this Agreement to work of the Political Body shall include work both within and outside of the Railroad’s property. B.Entry on to Railroad's Property by Political Body. If the Political Body's employees need to enter Railroad's property in order to perform an inspection of the Roadway, minor maintenance or other activities, the Political Body shall first provide at least ten (10) working days advance notice to the Railroad Representative. With respect to such entry on to Railroad’s property, the Political Body, to the extent permitted by law, agrees to release, defend and indemnify the Railroad from and against any loss, damage, injury, liability, claim, cost or expense incurred by any person including, without limitation, the Political Body’s employees, or damage to any property or equipment (collectively the “Loss”) that arises from the presence or activities of Political Body’s employees on Railroad’s property, except to the extent that any Loss is caused by the sole direct negligence of Railroad. C.Flagging. (i)If the Political Body's employees need to enter Railroad's property as provided in Paragraph B above, the Political Body agrees to notify the Railroad Representative at least thirty (30) working days in advance of proposed performance of any work by Political Body in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such thirty (30)day notice, the Railroad Representative will determine and inform Political Body whether a flagman need be present and whether Political Body needs to implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by Railroad, Railroad will bill Political Body for such expenses incurred by Railroad. If Railroad performs any flagging, or other special protective or safety measures are performed by Railroad, Political Body agrees that Political Body is not relieved of any of its responsibilities or liabilities set forth in this Agreement. (ii)The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Political Body shall pay on the basis of the new rates and charges. (iii)Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Political Body may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Political Body must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Political Body will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad. D.Compliance With Laws. The Political Body shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work. The Political Body shall use only such methods as are consistent with safety, both as concerns the Political Body, the Political Body's agents and employees, the officers, agents, employees and property of the Railroad and the public in general. The Political Body (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts and regulations. All Federal Railroad Administration regulations shall be followed when work is performed on the Railroad's premises. If any failure by the Political Body to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged against the Railroad, the Political Body shall reimburse, and to the extent it may lawfully do so, indemnify the Railroad for any such fine, penalty, cost, or charge, including without limitation attorney's fees, court costs and expenses. The Political Body further agrees in the event of any such action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad. E.No Interference or Delays. The Political Body shall not do, suffer or permit anything which will or may obstruct, endanger, interfere with, hinder or delay maintenance or operation of the Railroad's tracks or facilities, or any communication or signal lines, installations or any appurtenances thereof, or the operations of others lawfully occupying or using the Railroad's property or facilities. F.Supervision. The Political Body, at its own expense, shall adequately police and supervise all work to be performed by the Political Body, and shall not inflict injury to persons or damage to property for the safety of whom or of which the Railroad may be responsible, or to property of the Railroad. The responsibility of the Political Body for safe conduct and adequate policing and supervision of the Project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications, or by the Railroad's collaboration in performance of any work, or by the presence at the work site of the Railroad's representatives, or by compliance by the Political Body with any requests or recommendations made by such representatives. If a representative of the Railroad is assigned to the Project, the Political Body will give due consideration to suggestions and recommendations made by such representative for the safety and protection of the Railroad's property and operations. G.Suspension of Work. If at any time the Political Body's engineers or the Vice President-Engineering Services of the Railroad or their respective representatives shall be of the opinion that any work of the Political Body is being or is about to be done or prosecuted without due regard and precaution for safety and security, the Political Body shall immediately suspend the work until suitable, adequate and proper protective measures are adopted and provided. H.Removal of Debris. The Political Body shall not cause, suffer or permit material or debris to be deposited or cast upon, or to slide or fall upon any property or facilities of the Railroad; and any such material and debris shall be promptly removed from the Railroad's property by the Political Body at the Political Body's own expense or by the Railroad at the expense of the Political Body. The Political Body shall not cause, suffer or permit any snow to be plowed or cast upon the Railroad's property during snow removal from the Crossing Area. I.Explosives. The Political Body shall not discharge any explosives on or in the vicinity of the Railroad's property without the prior consent of the Railroad's Vice President-Engineering Services, which shall not be given if, in the sole discretion of the Railroad's Vice President-Engineering Services, such discharge would be dangerous or would interfere with the Railroad's property or facilities. For the purposes hereof, the "vicinity of the Railroad's property" shall be deemed to be any place on the Railroad's property or in such close proximity to the Railroad's property that the discharge of explosives could cause injury to the Railroad's employees or other persons, or cause damage to or interference with the facilities or operations on the Railroad's property. The Railroad reserves the right to impose such conditions, restrictions or limitations on the transportation, handling, storage, security and use of explosives as the Railroad, in the Railroad's sole discretion, may deem to be necessary, desirable or appropriate. J.Excavation. The Political Body shall not excavate from existing slopes nor construct new slopes which are excessive and may create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of the Railroad. The Political Body shall not do or cause to be done any work which will or may disturb the stability of any area or adversely affect the Railroad's tracks or facilities. The Political Body, at its own expense, shall install and maintain adequate shoring and cribbing for all excavation and/or trenching performed by the Political Body in connection with construction, maintenance or other work. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the Railroad's Assistant Vice President Engineering - Design to withstand all stresses likely to be encountered, including any stresses resulting from vibrations caused by the Railroad's operations in the vicinity. K.Drainage. The Political Body, at the Political Body's own expense, shall provide and maintain suitable facilities for draining the Roadway and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon property of the Railroad. The Political Body, at the Political Body's own expense, shall provide adequate passageway for the waters of any streams, bodies of water and drainage facilities (either natural or artificial, and including water from the Railroad's culvert and drainage facilities), so that said waters may not, because of any facilities or work of the Political Body, be impeded, obstructed, diverted or caused to back up, overflow or damage the property of the Railroad or any part thereof, or property of others. The Political Body shall not obstruct or interfere with existing ditches or drainage facilities. L.Notice. Before commencing any work, the Political Body shall provide the advance notice to the Railroad that is required under the Contractor's Right of Entry Agreement. M.Fiber Optic Cables. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Political Body shall visit up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried anywhere on Railroad's property to be used by the Political Body. If it is, Political Body will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises. SECTION 9. INTERIM WARNING DEVICES If at anytime it is determined by a competent authority, by the Political Body, or by agreement between the parties, that new or improved train activated warning devices should be installed at the Crossing Area, the Political Body shall install adequate temporary warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the new or improved devices have been installed. SECTION 10. OTHER RAILROADS All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other railroad company lawfully using the Railroad's property or facilities. SECTION 11. BOOKS AND RECORDS The books, papers, records and accounts of Railroad, so far as they relate to the items of expense for the materials to be provided by Railroad under this Project, or are associated with the work to be performed by Railroad under this Project, shall be open to inspection and audit at Railroad's offices in Omaha, Nebraska, during normal business hours by the agents and authorized representatives of Political Body for a period of three (3) years following the date of Railroad's last billing sent to Political Body. SECTION 12. REMEDIES FOR BREACH OR NONUSE A.If the Political Body shall fail, refuse or neglect to perform and abide by the terms of this Agreement, the Railroad, in addition to any other rights and remedies, may perform any work which in the judgment of the Railroad is necessary to place the Roadway and appurtenances in such condition as will not menace, endanger or interfere with the Railroad's facilities or operations or jeopardize the Railroad's employees; and the Political Body will reimburse the Railroad for the expenses thereof. B.Nonuse by the Political Body of the Crossing Area for public highway purposes continuing at any time for a period of eighteen (18) months shall, at the option of the Railroad, work a termination of this Agreement and of all rights of the Political Body hereunder. C.The Political Body will surrender peaceable possession of the Crossing Area and Roadway upon termination of this Agreement. Termination of this Agreement shall not affect any rights, obligations or liabilities of the parties, accrued or otherwise, which may have arisen prior to termination. SECTION 13. MODIFICATION - ENTIRE AGREEMENT No waiver, modification or amendment of this Agreement shall be of any force or effect unless made in writing, signed by the Political Body and the Railroad and specifying with particularity the nature and extent of such waiver, modification or amendment. Any waiver by the Railroad of any default by the Political Body shall not affect or impair any right arising from any subsequent default. This Agreement and Exhibits attached hereto and made a part hereof constitute the entire understanding between the Political Body and the Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work or any part thereof. EXHIBIT C TO PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT Exhibit C (if applicable) will be Railroad's Material and Force Account Estimate. Material And Force Account Estimate CITY/STATE/FED Estimate Number: 141946 Version: 1 Standard Rates: Labor Additive = 222.97% Estimate Good Until 12/29/23 Location: COAST SUB, SIMN, 75.07-75.17 Description of Work: Coast Sub, MP 75.12 DOT 755176W-2 Cohansey Avenue, Santa Clara, CA Renew Public Crossing Prepared For: Buy America: No COMMENTS FACILITY Description QTY UOM UCST LABOR MATERIAL TOTAL UP %0 Agcy %100 ENGINEERING Engineering 1 LS 12,725.40 12,725 0 12,725 0 12,725 Bill Prep Fee - Track Surface RECOLLECT 1 LS 900.00 0 900 900 0 900 Homeline Freight - Track Surface RECOLLECT 1 LS 900.00 0 900 900 0 900 Foreign Line Freight - Track Surface RECOLLECT 1 LS 729.04 0 729 729 0 729 Sub-Total = 12,725 2,529 15,254 0 15,254 TRACK CONSTRUCTION - COMPANY RDXING RDXING 136# CON10W PP PAN COMPLETE 40 TF 965.99 19,071 19,568 38,640 0 38,640 TRACK 136# CWRIS0 24-8'6" HWD N 16 TP 40 TF 542.28 13,775 7,916 21,691 0 21,691 BALAST BALAST CL1 1 CL 3,067.76 1,767 1,301 3,068 0 3,068 COMPJT Transition Rail - 136#2 PR 7,225.51 6,784 7,667 14,451 0 14,451 Sub-Total = 41,398 36,452 77,850 0 77,850 TRACK REMOVAL - COMPANY RDXING Remove road crossing - concrete 24 TF 89.42 2,146 0 2,146 0 2,146 TRACK Remove Track 56 TF 34.94 1,957 0 1,957 0 1,957 Sub-Total = 4,103 0 4,103 0 4,103 SITE WORK - CONTRACT Asphalt 1 LS 10,000.00 0 10,000 10,000 0 10,000 Traffic Control - Detour Signs & Coordination 1 LS 10,000.00 0 10,000 10,000 0 10,000 Asphalt: Saw Cut 1 LS 2,500.00 0 2,500 2,500 0 2,500 Sub-Total = 0 22,500 22,500 0 22,500 EQUIPMENT RENTAL Equipment Rental 1 LS 10,000.00 0 10,000 10,000 0 10,000 Sub-Total = 0 10,000 10,000 0 10,000 Total Wgt. in Tons = 387 Totals = 58,226 71,481 129,707 0 129,707 Grand Total = $129,707 Please Note: The above figures are estimates only and are subject to fluctuation. In the event of an increase or decrease in the cost or amount of material or labor required, CITY/STATE/FED will pay actual construction costs at the current rates effective thereof. ______________________________________________________________________________________________________________________________________________________________________________________________ Thursday, December 29, 2022 Page 1 of 1 Material And Force Account Estimate LOCAL Estimate Creation Date: 10/12/2022 Number: 140790 Version: 1 Estimate Good Until 11/03/23 Location: COAST SUB, SIMN, 59.88-78.39 Buy America: Yes Description of Work: GILROY, CA, COHANSEY AVENUE, M.P. 75.12, COAST SUBDIVISION, DOT# 755176W, WO# 66799, PID# 125118, (100% RECOLLECTABLE) COMMENTS Description QTY UOM Unit LABOR MATERIAL TOTAL Cost SIGNAL Xing - Engineering Design 1 LS 16,852.00 16,852 0 16,852 M.P. 75.12 - COHANSEY AVENUE Xing - 1 Trk CWE w/Gates 1 EA 131,584.00 41,200 90,384 131,584 M.P. 75.12 - COHANSEY AVENUE Xing - Sidelight 2 EA 907.00 0 1,814 1,814 M.P. 75.12 - COHANSEY AVENUE Xing - Contract Services for Preempt Cutover 1 LS 20,000.00 0 20,000 20,000 M.P. 75.12 - COHANSEY AVENUE Xing - Relay Track Circuit 1 EA 6,100.00 4,800 1,300 6,100 M.P. 75.12 - COHANSEY AVENUE Xing - Dax Cable 1000'8 EA 6,440.00 32,000 19,520 51,520 Xing - Meter Service 1 LS 8,000.00 0 8,000 8,000 Xing - Fill/Rock/Gravel 1 LS 3,000.00 0 3,000 3,000 Xing - Boring 1 LS 10,000.00 0 10,000 10,000 Xing - Remove Location (Gates/Cants) 1 LS 4,000.00 4,000 0 4,000 STANDARD 229.12% (SIG)Xing - Labor Additive 1 LS 226,489.70 226,490 0 226,490 Sub-Total = 325,342 154,018 479,360 Totals = 325,342 154,018 479,360 Grand Total = $479,360 Disclaimer: The above figures are estimates only and are subject to fluctuation. In the event of an increase or decrease in cost or amount of material or labor required, Agency will pay actual costs at rates effective at the time of construction. ___________________________________________________________________________________________________________________________________ Thursday, November 3, 2022 Page 1 of 1 EXHIBIT D TO PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT Exhibit D will be the Railroad’s then current form of Contractor’s Right of Entry. Contractor's Right of Entry Public Projects Form Approved 02/09/2022 1 CONTRACTOR'S RIGHT OF ENTRY AGREEMENT THIS AGREEMENT is made and entered into as of the ______ day of _______________________, 20______, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"); and ___________________________________________________, a ______________________ corporation ("Contractor"). RECITALS: Contractor has been hired by ___________________________________________________ to perform work relating to __________________________________________________________ (the “Work”) with all or a portion of such Work to be performed on property of Railroad in the vicinity of Railroad's Milepost __________ on Railroad's ______________________________ [Subdivision or Branch] [at or near DOT No. _______________ located at or near ____________, in _______________ County, State of ______________, as such location is in the general location shown on the print marked Exhibit A, attached hereto and hereby made a part hereof, which Work is the subject of a contract dated ___________________ between Railroad and _____________________________________. Railroad is willing to permit Contractor to perform the Work described above at the location described above subject to the terms and conditions contained in this agreement AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as follows: ARTICLE 1 - DEFINITION OF CONTRACTOR. For purposes of this agreement, all references in this agreement to Contractor shall include Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. For purposes of clarity, Contractor agrees that any CIC (defined below) hired by Contractor is a subcontractor of Contractor and therefore included in the defined term Contractor pursuant to the foregoing sentence. ARTICLE 2 - RIGHT GRANTED; PURPOSE. Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the property described in the Recitals for the purpose of performing the Work described in the Recitals above. The right herein granted to Contractor is limited to those portions of Railroad's property specifically described herein, or as designated by the Railroad Representative named in Article 4. ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS B AND C. The terms and conditions contained in Exhibit B and Exhibit C, attached hereto, are hereby made a part of this agreement. 2 ARTICLE 4 - ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVE. A.Contractor shall bear any and all costs and expenses associated with any Work performed by Contractor (including without limitation any CIC), or any costs or expenses incurred by Railroad relating to this agreement. B.Contractor shall coordinate all of its Work with the following Railroad representative or his or her duly authorized representative (the "Railroad Representative"): ___________________________________ ___________________________________ ___________________________________ ___________________________________ C.Contractor, at its own expense, shall adequately police and supervise all Work to be performed by Contractor and shall ensure that such Work is performed in a safe manner as set forth in Section 7 of Exhibit B. The responsibility of Contractor for safe conduct and adequate policing and supervision of Contractor's Work shall not be lessened or otherwise affected by Railroad's approval of plans and specifications involving the Work, or by Railroad's collaboration in performance of any Work, or by the presence at the Work site of a Railroad Representative, or by compliance by Contractor with any requests or recommendations made by Railroad Representative. ARTICLE 5 - SCHEDULE OF WORK ON A MONTHLY BASIS. The Contractor, at its expense, shall provide on a monthly basis a detailed schedule of Work to the Railroad Representative named in Article 4B above. The reports shall start at the execution of this agreement and continue until this agreement is terminated as provided in this agreement or until the Contractor has completed all Work on Railroad’s property. ARTICLE 6 - TERM; TERMINATION. A.The grant of right herein made to Contractor shall commence on the date of this agreement, and continue until __________________________, unless sooner terminated as herein provided, or at such time as Contractor has completed its Work on Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its Work on Railroad's property. B.This agreement may be terminated by either party on ten (10) days written notice to the other party. ARTICLE 7 - CERTIFICATE OF INSURANCE. A.Before commencing any Work and throughout the entire term of this Agreement, Contractor, at its expense, shall procure and maintain in full force and effect the types and minimum limits of insurance specified in Exhibit C of this agreement and require each of its subcontractors to include the insurance endorsements as required under Section 12 of Exhibit B of this agreement. B.Not more frequently than once every two (2) years, Railroad 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. C.Upon request of Railroad, Contractor shall provide to Railroad a certificate issued by its insurance 3 carrier evidencing the insurance coverage required under Exhibit B. D.Contractor understands and accepts that the terms of this Article are wholly separate from and independent of the terms of any indemnity provisions contained in this Agreement. D.Upon request of Railroad, insurance correspondence, binders, policies, certificates and endorsements shall be sent to: Union Pacific Railroad Company __________________________ [Insert mailing address] __________________________ __________________________ Attn:______________________ Folder No. _________________ ARTICLE 8 - PRECONSTRUCTION MEETING. If the Work to be performed by the Contractor will involve the Railroad providing any flagging protection (or if a CIC is approved to provide flagging protection pursuant to the terms set forth herein) and/or there is separate work to be performed by the Railroad, the Contractor confirms that no work shall commence until the Railroad and Contractor participate in a preconstruction meeting involving flagging procedures and coordination of work activities of the Contractor and the Railroad (and any CIC, as applicable.) ARTICLE 9. DISMISSAL OF CONTRACTOR'S EMPLOYEE. At the request of Railroad, Contractor shall remove from Railroad's property any employee of Contractor who fails to conform to the instructions of the Railroad Representative in connection with the Work on Railroad's property, and any right of Contractor shall be suspended until such removal has occurred. Contractor shall indemnify Railroad against any claims arising from the removal of any such employee from Railroad's property. ARTICLE 10. ADMINISTRATIVE FEE. Upon the execution and delivery of this agreement, Contractor shall pay to Railroad One Thousand Twenty Five Dollars ($1,025.00) as reimbursement for clerical, administrative and handling expenses in connection with the processing of this agreement. ARTICLE 11. CROSSINGS; COMPLIANCE WITH MUTCD AND FRA GUIDELINES. A.No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Railroad's trackage shall be installed or used by Contractor without the prior written permission of Railroad. B.Any permanent or temporary changes, including temporary traffic control, to crossings must conform to the Manual of Uniform Traffic Control Devices (MUTCD) and any applicable Federal Railroad Administration rules, regulations and guidelines, and must be reviewed by the Railroad prior to any changes being implemented. In the event the Railroad is found to be out of compliance with federal safety regulations due to the Contractor’s modifications, negligence, or any other reason arising from the Contractor’s presence on the Railroad’s property, the Contractor agrees to assume liability for any civil penalties imposed upon the Railroad for such noncompliance. 4 ARTICLE 12.- EXPLOSIVES. Explosives or other highly flammable substances shall not be stored or used on Railroad's property without the prior written approval of Railroad. IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in duplicate as of the date first herein written. UNION PACIFIC RAILROAD COMPANY By: ________________________________ Title: _______________________________ _________________________________ (Name of Contractor) By: ______________________________ Name: ____________________________ Title: _____________________________ Phone: ____________________________ E-Mail: ____________________________ EXHIBIT A TO CONTRACTOR’S RIGHT OF ENTRY AGREEMENT Exhibit A will be a print showing the general location of the work site. 1 EXHIBIT B TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Section 1. NOTICE OF COMMENCEMENT OF WORK - RAILROAD FLAGGING - PRIVATE FLAGGING. A.Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance of Contractor commencing its Work and at least thirty (30) working days in advance of proposed performance of any Work by Contractor in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. B.No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad approved flagman is provided to watch for trains. Upon receipt of such thirty (30)-day notice, the Railroad Representative will determine and inform Contractor whether a flagman need be present and whether Contractor needs to implement any special protective or safety measures. C.Contractor shall be permitted to hire a private contractor to perform flagging or other special protective or safety measures (such private contractor being commonly known in the railroad industry as a contractor-in-charge (“CIC”)) in lieu of Railroad providing such services or in concert with Railroad providing such services, subject to prior written approval by Railroad, which approval shall be in Railroad’s sole and absolute discretion. If Railroad agrees to permit Contractor to utilize a CIC pursuant to the preceding sentence, Contractor shall obtain Railroad’s prior approval in writing for each of the following items, as determined in all respects in Railroad’s sole and absolute discretion: (i) the identity of the third-party performing the role of CIC; (ii) the scope of the services to be performed for the project by the approved CIC; and (iii) any other terms and conditions governing such services to be provided by the CIC. If flagging or other special protective or safety measures are performed by an approved CIC, Contractor shall be solely responsible for (and shall timely pay such CIC for) its services. Railroad reserves the right to rescind any approval pursuant to this Section 1, Subsection C., in whole or in part, at any time, as determined in Railroad’s sole and absolute discretion. D.If any flagging or other special protective or safety measures are performed by employees of Railroad and/or any contractor of Railroad, Railroad will bill Contractor for such expenses incurred by Railroad, unless Railroad and a federal, state or local governmental entity have agreed that Railroad is to bill such expenses to the federal, state or local governmental entity. If Railroad will be sending the bills to Contractor, Contractor shall pay such bills within thirty (30) days of Contractor's receipt of billing. E.If any flagging or other special protective or safety measures are performed by Railroad or a CIC, Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in this agreement. F.The provisions set forth in this subsection are only applicable for Flagging Services performed by employees of Railroad: the rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with labor agreements and schedules in effect at the time the Work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the Work is performed. One and one-half times the current hourly rate is 2 paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Contractor (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges. If flagging is performed by Railroad, reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Contractor may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Contractor must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Contractor will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five-day cessation notice has been given to Railroad. Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED A.The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and maintain its entire property including the right and power of Railroad to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Railroad without liability to Contractor or to any other party for compensation or damages. B.The foregoing grant is also subject to all outstanding superior rights (whether recorded or unrecorded and including those in favor of licensees and lessees of Railroad's property, and others) and the right of Railroad to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS. A.Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the railroad tracks and property of Railroad, including without limitation, the operations of Railroad's lessees, licensees or others, unless specifically authorized in advance by the Railroad Representative. Nothing shall be done or permitted to be done by Contractor at any time that would in any manner impair the safety of such operations. When not in use, Contractor's machinery and materials shall be kept at least twenty- five (25) feet from the centerline of Railroad's nearest track, and there shall be no vehicular crossings of Railroads tracks except at existing open public crossings. B.Operations of Railroad and work performed by Railroad personnel and delays in the Work to be performed by Contractor caused by such railroad operations and Work are expected by Contractor, and Contractor agrees that Railroad shall have no liability to Contractor, or any other person or entity for any such delays. The Contractor shall coordinate its activities with those of Railroad and third parties so as to avoid interference with railroad operations. The safe operation of Railroad train movements and other activities by Railroad takes precedence over any Work to be performed by Contractor. 3 Section 4. LIENS. Contractor shall pay in full all persons who perform labor or provide materials for the Work to be performed by Contractor. Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or enforced against any property of Railroad for any such Work performed. Contractor shall indemnify and hold harmless Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such Work done, labor performed, or materials furnished. If Contractor fails to promptly cause any lien to be released of record, Railroad may, at its election, discharge the lien or claim of lien at Contractor's expense. Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. A.Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Contractor shall visit www.up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried anywhere on Railroad's property to be used by Contractor. If it is, Contractor will telephone the telecommunications company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or other protection of the fiber optic cable. Contractor shall not commence any Work until all such protection or relocation (if applicable) has been accomplished. B.IN ADDITION TO OTHER INDEMNITY PROVISIONS IN THIS AGREEMENT, CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD RAILROAD HARMLESS FROM AND AGAINST ALL COSTS, LIABILITY AND EXPENSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, COURT COSTS AND EXPENSES) ARISING OUT OF ANY ACT OR OMISSION OF CONTRACTOR, ITS AGENTS AND/OR EMPLOYEES, THAT CAUSES OR CONTRIBUTES TO (1) ANY DAMAGE TO OR DESTRUCTION OF ANY TELECOMMUNICATIONS SYSTEM ON RAILROAD'S PROPERTY, AND/OR (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 RAILROAD'S PROPERTY. CONTRACTOR SHALL NOT HAVE OR SEEK RECOURSE AGAINST RAILROAD FOR ANY CLAIM OR CAUSE OF ACTION FOR ALLEGED LOSS OF PROFITS OR REVENUE OR LOSS OF SERVICE OR OTHER CONSEQUENTIAL DAMAGE TO A TELECOMMUNICATION COMPANY USING RAILROAD'S PROPERTY OR A CUSTOMER OR USER OF SERVICES OF THE FIBER OPTIC CABLE ON RAILROAD'S PROPERTY. Section 6. PERMITS - COMPLIANCE WITH LAWS. In the prosecution of the Work covered by this agreement, Contractor shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the Work including, without limitation, all applicable Federal Railroad Administration regulations. Section 7. SAFETY. A.Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of any Work on Railroad property performed by Contractor. Contractor shall be responsible for initiating, maintaining and supervising all safety, operations and programs in connection with the Work. Contractor shall, at a minimum, comply with Railroad's then current safety standards located at the below web address (“Railroad’s Safety Standards”) to ensure uniformity with the safety standards followed by Railroad's own forces. As a part of Contractor's safety responsibilities, Contractor shall notify Railroad if Contractor 4 determines that any of Railroad's Safety Standards are contrary to good safety practices. Contractor shall furnish copies of Railroad’s Safety Standards to each of its employees before they enter Railroad property. http://www.up.com/cs/groups/public/@uprr/@suppliers/documents/up_pdf_nativedocs/pdf_up_supplier_safety_ req.pdf B. Without limitation of the provisions of paragraph A above, Contractor shall keep the job site free from safety and health hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job. C. Contractor shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to any person injured on the job site. Contractor shall promptly notify Railroad of any U.S. Occupational Safety and Health Administration reportable injuries. Contractor shall have a nondelegable duty to control its employees while they are on the job site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any Work. D. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the Work (the "Safety Plan"). Railroad shall have the right, but not the obligation, to require Contractor to correct any deficiencies in the Safety Plan. The terms of this agreement shall control if there are any inconsistencies between this agreement and the Safety Plan. Section 8. INDEMNITY. A. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS RAILROAD, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, AGENTS AND EMPLOYEES (INDIVIDUALLY AN “INDEMNIFIED PARTY” OR COLLECTIVELY "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, INJURY, LIABILITY, CLAIM, DEMAND, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEY'S, CONSULTANT'S AND EXPERT'S FEES, AND COURT COSTS), FINE OR PENALTY (COLLECTIVELY, "LOSS") INCURRED BY ANY PERSON (INCLUDING, WITHOUT LIMITATION, ANY INDEMNIFIED PARTY, CONTRACTOR, OR ANY EMPLOYEE OF CONTRACTOR OR OF ANY INDEMNIFIED PARTY) ARISING OUT OF OR IN ANY MANNER CONNECTED WITH (I) ANY WORK PERFORMED BY CONTRACTOR, OR (II) ANY ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS OR EMPLOYEES, OR (III) ANY BREACH OF THIS AGREEMENT BY CONTRACTOR. B. THE RIGHT TO INDEMNITY UNDER THIS SECTION 8 SHALL ACCRUE UPON OCCURRENCE OF THE EVENT GIVING RISE TO THE LOSS, AND SHALL APPLY REGARDLESS OF ANY NEGLIGENCE OR STRICT LIABILITY OF ANY INDEMNIFIED PARTY, EXCEPT WHERE THE LOSS IS CAUSED BY THE SOLE ACTIVE NEGLIGENCE OF AN INDEMNIFIED PARTY AS ESTABLISHED BY THE FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION. THE SOLE ACTIVE NEGLIGENCE OF ANY INDEMNIFIED PARTY SHALL NOT BAR THE RECOVERY OF ANY OTHER INDEMNIFIED PARTY. C. CONTRACTOR EXPRESSLY AND SPECIFICALLY ASSUMES POTENTIAL LIABILITY UNDER THIS SECTION 8 FOR CLAIMS OR ACTIONS BROUGHT BY CONTRACTOR'S OWN EMPLOYEES. CONTRACTOR WAIVES ANY IMMUNITY IT MAY HAVE UNDER WORKER'S COMPENSATION OR INDUSTRIAL INSURANCE ACTS TO INDEMNIFY THE INDEMNIFIED PARTIES UNDER THIS SECTION 8. CONTRACTOR ACKNOWLEDGES THAT THIS WAIVER WAS MUTUALLY NEGOTIATED BY THE PARTIES HERETO. D. NO COURT OR JURY FINDINGS IN ANY EMPLOYEE'S SUIT PURSUANT TO ANY 5 WORKER'S COMPENSATION ACT OR THE FEDERAL EMPLOYERS' LIABILITY ACT AGAINST A PARTY TO THIS AGREEMENT MAY BE RELIED UPON OR USED BY CONTRACTOR IN ANY ATTEMPT TO ASSERT LIABILITY AGAINST ANY INDEMNIFIED PARTY. E. THE PROVISIONS OF THIS SECTION 8 SHALL SURVIVE THE COMPLETION OF ANY WORK PERFORMED BY CONTRACTOR OR THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. IN NO EVENT SHALL THIS SECTION 8 OR ANY OTHER PROVISION OF THIS AGREEMENT BE DEEMED TO LIMIT ANY LIABILITY CONTRACTOR MAY HAVE TO ANY INDEMNIFIED PARTY BY STATUTE OR UNDER COMMON LAW. Section 9. RESTORATION OF PROPERTY. In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner move or disturb any of the other property of Railroad in connection with the Work to be performed by Contractor, then in that event Contractor shall, as soon as possible and at Contractor's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed. Contractor shall remove all of Contractor's tools, equipment, rubbish and other materials from Railroad's property promptly upon completion of the Work, restoring Railroad's property to the same state and condition as when Contractor entered thereon. Section 10. WAIVER OF DEFAULT. Waiver by Railroad of any breach or default of any condition, covenant or agreement herein contained to be kept, observed and performed by Contractor shall in no way impair the right of Railroad to avail itself of any remedy for any subsequent breach or default. Section 11. MODIFICATION - ENTIRE AGREEMENT. No modification of this agreement shall be effective unless made in writing and signed by Contractor and Railroad. This agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding between Contractor and Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the Work to be performed by Contractor. Section 12. ASSIGNMENT - SUBCONTRACTING. Contractor shall not assign or subcontract this agreement, or any interest therein, without the written consent of the Railroad. Contractor shall be responsible for the acts and omissions of all subcontractors. Before Contractor commences any Work, the Contractor shall, except to the extent prohibited by law; (1) require each of its subcontractors to include the Contractor as "Additional Insured” on the subcontractor's Commercial General Liability policy and Umbrella or Excess policies (if applicable) with respect to all liabilities arising out of the subcontractor's performance of Work on behalf of the Contractor by endorsing these policies with ISO Additional Insured Endorsements CG 20 10, and CG 20 37 (or substitute forms providing equivalent coverage; (2) require each of its subcontractors to endorse their Commercial General Liability Policy with "Contractual Liability Railroads" ISO Form CG 24 17 10 01 (or a substitute form providing equivalent coverage) for the job site; and (3) require each of its subcontractors to endorse their Business Automobile Policy with "Coverage For Certain Operations In Connection With Railroads" ISO Form CA 20 70 10 01 (or a substitute form providing equivalent coverage) for the job site. 1 EXHIBIT C TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Union Pacific Railroad Company Insurance Requirements For Contractor’s Right of Entry Agreement During the entire term of this Agreement and course of the Project, and until all Project Work on Railroad’s property has been completed and all equipment and materials have been removed from Railroad’s property and Railroad’s property has been clean and restored to Railroad’s satisfaction, Contractor shall, at its sole cost and expense, procure and maintain the following insurance coverage: A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of not less than $5,000,000 each occurrence and an aggregate limit of not less than $10,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage). The policy must also contain the following endorsement, which must be stated on the certificate of insurance: • Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Railroad Company Property” as the Designated Job Site. • Designated Construction Project(s) General Aggregate Limit ISO Form CG 25 03 03 97 (or a substitute form providing equivalent coverage) showing the project on the form schedule. B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $5,000,000 for each accident and coverage must include liability arising out of any auto (including owned, hired and non-owned autos). The policy must contain the following endorsements, which must be stated on the certificate of insurance: • Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Property” as the Designated Job Site. • Motor Carrier Act Endorsement - Hazardous materials clean up (MCS-90) if required by law. C. Workers' Compensation and Employers' Liability insurance. Coverage must include but not be limited to: • Contractor's statutory liability under the workers' compensation laws of the state where the Work is being performed. • Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee. If Contractor is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. D. Railroad Protective Liability insurance. Contractor must maintain "Railroad Protective Liability" (RPL) insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurrence 2 and an aggregate of $6,000,000. The definition of "JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this agreement and shall describe all WORK or OPERATIONS performed under this agreement. Contractor shall provide this agreement to Contractor's insurance agent(s) and/or broker(s) and Contractor shall instruct such agent(s) and/or broker(s) to procure the insurance coverage required by this agreement. A BINDER STATING THE POLICY IS IN PLACE MUST BE SUBMITTED TO RAILROAD BEFORE THE WORK MAY COMMENCE AND UNTIL THE ORIGINAL POLICY IS FORWARDED TO UNION PACIFIC RAILROAD. E. Umbrella or Excess insurance. If Contractor utilizes umbrella or excess policies, these policies must “follow form” and afford no less coverage than the primary policy. F. Pollution Liability insurance. Pollution liability coverage must be included when the scope of the Work as defined in the agreement includes installation, temporary storage, or disposal of any "hazardous" material that is injurious in or upon land, the atmosphere, or any watercourses; or may cause bodily injury at any time. If required, coverage may be provided in separate policy form or by endorsement to Contractors CGL or RPL. Any form coverage must be equivalent to that provided in ISO form CG 24 15 "Limited Pollution Liability Extension Endorsement" or CG 28 31 "Pollution Exclusion Amendment" with limits of at least $5,000,000 per occurrence and an aggregate limit of $10,000,000. If the scope of Work as defined in this agreement includes the disposal of any hazardous or non- hazardous materials from the job site, Contractor must furnish to Railroad evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of $1,000,000 per loss, and an annual aggregate of $2,000,000. Other Requirements G. All policy(ies) required above (except business automobile, worker’s compensation and employers liability) must include Railroad as “Additional Insured” using ISO Additional Insured Endorsements CG 20 10, and CG 20 37 (or substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall not be limited by Contractor's liability under the indemnity provisions of this agreement. BOTH CONTRACTOR AND RAILROAD EXPECT THAT UNION PACIFIC RAILROAD COMPANY WILL BE PROVIDED WITH THE BROADEST POSSIBLE COVERAGE AVAILABLE BY OPERATION OF LAW UNDER ISO ADDITIONAL INSURED FORMS CG 20 10 AND CG 20 37. H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this agreement, or (b) all punitive damages are prohibited by all states in which this agreement will be performed. I. Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees for damages covered by the workers compensation and employers liability or commercial umbrella or excess liability obtained by Contractor required in this agreement where prohibited by law. This waiver must be stated on the certificate of insurance. J. Prior to commencing the Work, Contractor shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this agreement. 3 K. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state where the Work is being performed. L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will 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 Railroad from Contractor or any third party will not be limited by the amount of the required insurance coverage. EXHIBIT E TO PUBLIC HIGHWAY AT GRADE-CROSSING AGREEMENT Exhibit E (if applicable) will be signal design schematic 2000+00.00 EXHIBIT F TO PUBLIC HIGHWAY AT GRADE-CROSSING AGREEMENT Exhibit F (if applicable) will be the Original Agreement