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HomeMy WebLinkAbout10.5_Railroad License AgreementsSTATE OF CALIFORNIA GRAY DAVIS, Govemor PUBLIC UTILITIES COMMISSION 320 West 4'h Street, Suite 500 Los Angeles, CA 90013 January 30, 2001 Gregory J. Bucknell, P.E. Principal Civil Engineer/Special Projects City of Fontana 8353 Sierra Avenue Fontana, California 92335-3528 Dear Mr. Bucknell: FILE NO. 183/36/BBB-530.00 Slover Avenue This refers to your letter, dated January 29, 2001, to the Commission's Rail Crossings Engineering Section staff, concerning the Slover Avenue sewer improvements from Cherry Avenue to Hemlock Avenue at Slover Avenue Crossing BBB-530.00 across Union Pacific Railroad Company's (UP) Declezville Branch Line tracks in Fontana, San Bernardino County. Since it appears the City is planning to install a temporary 14-foot asphalt concrete traffic lane on Slover Avenue within the railroad crossing, the City must prepare a letter requesting the alteration of the grade crossing. The request letter (including the required information) must conform to the "FORM AND'. CONTENTS OF REQUEST" (Section 5) of the Commission's General Order (GO) No. 88-A (RULES FOR ALTERING PUBLIC RAILROAD -HIGHWAY GRADE CROSSINGS). To assist the City in its preparation of the request letter, I am enclosing a copy. of General Order No. 88-A and a sample request letter, which meet the form and content requirements in Section 5 of General Order No. 88-A. The City's request letter should be addressed to Mr. Raymond Toohey, Senior Engineer, at this address. Please note that a General Order No. 88-A authorization, when granted, is issued for a one-year period. Consequently, the City should submit its request only when project initiation is imminent. Furthermore, Section 5.8 requires evidence of agreement between the parties (i.e. City and UP) relative to the proposed alteration. Although your letter included a CONTRACTOR'S RIGHT OF ENTRY AGREEMENT and PIPELINE CROSSING AGREEMENT for "an underground 15-inch sewer pipeline crossing," these agreements do not cover the alteration of Slover Avenue Crossing. Consequently, for the purposes of the City's GO 88-A request, the evidence of agreement must be between the City and UP's Industry and Public Projects department. If you have any questions or need any additional i formation pertaining to this matter, please contact the Commission staff at the above address or at (213) 576-7085. Very truly yours, STEVEN HANDELMAN, P.E. Utilities Engineer Rail Crossings Engineering Section Rail Safety and Carriers Division Enclosures cc: Bob Prince, Manager — Industry and Public Pr. jects, UP p,0. c. E Refipai J-u3- szG- zo85 80,6 /Y2c--e_ lir6-cc-Cf -e-a) FD-t_Sax No, q54 — 0 c)cro.A_IAA M Pcuc 4dz-42�-3620 GENERAL ORDER NO. 88-A (Supersedes General Order No. 88) PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA RULE FOR ALTERING PUBLIC ROAD -HIGHWAY GRADE CROSSINGS ADOPTED JANUARY 19, 1982 EFFECTIVE FEBRUARY 18, 1982 (RESOLUTION NO. ET-1297) Case No. 3145 Decision No. 24505 (37 C..R. C. 220) (Original Order Approved February 23, 1932. Effective March 15, 1932) The following rules govern the alteration of existing public railroad -highway grade crossings. 1. PURPOSE The purpose of these regulations is to establish criteria for alteration of existing public railroad - highway grade crossings. 2. SCOPE The following railroad -highway grade crossing alteration projects shall be governed by these rules: 2.1 Grade crossing widening within the existing street right-of-way. 2.2 Approach grade changes. 2.3 Track elevation changes. 2.4 Roadway realignment that is functionality related to the existing crossing and can be achieved within the existing or a contiguous right-of-way. 2.5 Addition of one track within the existing railroad right-of-way. 3. CRITERIA 3.1 The public agencies having jurisdiction over the roadway involved and the railroad corporation shall be in agreement as to the public necessity for altering the existing railroad - highway grade crossing. 3.2 The proposed alteration (s) shall comply with the Commission's General Orders 72 and 75. 4. NOTICE AND AUTHORIZATION Notice of the proposed alteration and a request for authority shall be served on the Commission. staff at least 45 days before the date the alteration is planned to start. The staff shall review the request covering the alteration and within 45 days from the date of receipt indicate, to applicant its position. 5. FORMS AND CONTENTS OF REQUEST Requests shall be filed in duplicate by letter on paper 8 1/2" by 11" size and shall include the following information: 5.1 The Commission's assigned crossing number and the U. S. Department of Transportation - American Association of Railroads' number for the crossing proposed to be altered. 5.2 A statement describing the proposed alteration (s). 5.3 A statement showing the public benefit to be achieved by the proposed alteration (s). 5.4 A statement showing why a separation of grades is not practicable under the circumstances. 5.5 A statement indicating the existing and proposed warning devices at the crossing. 5.6 A map of the immediate vicinity of the crossing proposed to be altered on a scale of 50 to 200 feet per inch showing the location of streets and roads, property lines, tracks, buildings, other obstructions to the view of the crossing, and the present width of the approaches and the roadway at the crossing. 5.7 A profile showing the present and proposed grade fines of both the railroad and the highway. 5.8 Evidence of agreement between the parties relative to the proposed alteration (s). 5.9 A general statement indicating the temporary traffic controls and type (s) of warning devices to be provided, if any, during the period of construction of the proposed alteration. The temporary traffic controls shall be in compliance with Section 8A-5, Traffic Controls During Construction and Maintenance, of the Manual on Uniform Traffic Control Devices, U.S. Department of Transportation. 5.10 Where the alteration of the crossing is of a minor nature, such as a change in elevation of eight inches or less, or a total widening of six feet or less and no additional warning devices or changes in existing warning devices are proposed, Items 5.3, 5.4, 5.5, 5.6 and 5.7 may be omitted from the request. 6. APPLICATION REQUIRED WHERE THE PARTIES ARE NOT IN AGREEMENT Where the parties, including the staff, are not in agreement as to the necessity for or extent of the alteration or apportionment of cost of a proposed change in an existing railroad -highway grade crossing, or the proposed alteration is beyond the scope of this General Order, the party desiring the change shall apply to the Commission for authority to make the alteration. The application shall comply with the Commission's Rules of Practice and Procedure (California Administrative Code, Title 20). 7. RESPONSIBILITY FOR CONSTRUCTION All work between the rails of a railroad and within two feet outside of the rails shall be performed under the supervision of the railroad. The railroad shall be responsible for the physical construction of additional warning devices or any changes in the existing warning devices at the crossing. This section shall not be construed as an apportionment of the cost of such work. 8. APPLICATION MUST BE MADE FOR NEW CROSSING Nothing contained herein shall be construed as authorizing the cconstruction of a new crossing of a railroad across a public street or highway at grade or the construction of a public street or highway at grade across the tracks of a railroad corporation. Dated January 19, 1982 at San Francisco, California. PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA By JOSEPH E. BODOVITZ Executive Director 1510 ALCAZAR STREET LOS ANGELES. CALIFORNIA 900. Telephone: (213)226.8111 LIMAS A. TIDEMANSON. Director • ,DARMACX. Chief Deputy Director f r:S L. EASTON. Chief Deputy Director MN I. SMITH. Chief Deputy Director March 18, 1986 • Public Utilities Commission • 107 South Broadway Los Angeles, CA 90012 Attention Mr. Raymond Toohey Gentlemen: SANTA FE AVENUE AT RANOOLPH STREET SOUTHERN PACIFIC TRANSPORTATION COMPANY CROSSING BBJ-487.91 CASH CONTRACT 3621N ADDRESS ALL CORRESPONDENCE TO: P.O. BOX lots! LOS ANGELES. CALIFOH.YIA 904151 11,1 REPLY PLEASE REFER TO FILE: P-1 810.52.1 The County and the Railroad are in agreement as to the work, the crossing pro- tection and the apportionment of costs for the improvement of the subject crossing and intend to proceed with construction. As required by PUC General Order No. 88A, we submit the following information as part of your review and approval process: 5.1 'The Southern Pacific Transportation Company Crossing No. BBJ-487.91. 5.2 The proposed crossing alterations are necessary for the widening of Santa Fe Avenue in the vicinity of the crossing. 5.3 The proposed project is to reconstruct and widen the roadway, to 66 feet, including upgrading of the railroad crossing protection. 5.4 The present crossing is at -grade and the widened crossing will also be at -grade. A grade separation is not economically feasible at this time. 5.5 The existing crossing protection consists of one No 1 (cross- - buck) and one No. 3 (wigwag) and• the new protection will be one No. 9A signal and one No. 9 signal. 'Public. Utilities Commission -2- 411 March 18, 1986 5.6 & 5.7 The enclosed road plans, Sheets 1 and 3, for Cash Contract 3621N show the present and proposed width of the approaches and the roadway, and the profile of the roadway at the crossing. Also attached is the traffic signal plan which shows preemption of the --traffic signal. 5.8 'Enclosed is, a copy of the Railroad letter approving the project. The Railroad protection will be upgraded under a Section 203 • project administered by the State. 5.9 The existing No.'1's and No. 3's shall be in place until the one new No. 9A and one No. 9 become operational. Very truly yours, T. A. TIDEMANSON Director of Publ orks. CECIL E. BUGH Deputy Director PO:pg/LP Enc. cc: SPTC - L.A. Office • City of Fontana CALIFORNIA Steve Handelman California Public Utilities Commission Railroad Crossing Engineering Section 320 W. 4th, Suite 500 Los Angeles, CA 90013 RE: Railroad Real Estate Folder No. 1954-70 Slover Avenue Sewer Improvements from Cherry Avenue to Hemlock Avenue Union Pacific Railroad Application Temporary 14-Foot Asphalt Concrete Traffic Lane Dear Mr. Handelman: January 29, 2001 These are the same documents that were sent to the Union Pacific Railroad offices in Omaha and Bloomington, California as follows: City's Pipeline Crossing Agreement, the Contractor's Right of Enty Agreement, copy of Drawing No. 2838, Sheet 5, and the application to cross your facilities with a 14 foot temporary asphalt concrete traffic lane on the south side of Slover Avenue. The existing railroad switches are shown on the drawing and this proposed construction would not affect the Union Pacific operations. If you have any questions, please contact the undersigned at 909-350-6646. Sincerely, Community Development Department Engineering Division Grego . Bucknell, P.E. Principal Civil Engineer/Special Projects Enclosures: as noted above cc: Acting City Engineer Consultant Project Coordinator, Special Projects Consultant Public Works Inspector (SB) www.fontana.org 8353 SIERRA AVENUE FONTANA, CALIFORNIA 92335-3528 (909) 350-7600 recycled paper i City of Fontana. CALIFORNIA Bob N. Prince Union Pacific Railroad Company 19100 Slover Avenue Bloomington, CA 92316 RE: Railroad Real Estate Folder No. 1954-70 Slover Avenue Sewer Improvements from Cherry Avenue to Hemlock Avenue Union Pacific Railroad Application Temporary 14-Foot Asphalt Concrete Traffic Lane Dear Mr. Prince: January 26, 2001 This is the same package that was sent to Paul Farrell in Omaha as follows: City's Pipeline Crossing Agreement, the Contractor's Right of Entry Agreement, three copies of Drawing No. 2838, Sheet 5, and the application to cross your facilities with a 14 foot temporary asphalt concrete traffic lane on the south side' of Slover Avenue. The existing railroad switches are shown on the drawing and this proposed construction would not affect your company's operations. The City would hope that since the other agreements are in hand, that this would expedite this application process. If you have any questions, please contact the undersigned at 909-350-6646. Sincerely, Community Development Department Engin,��ring Division Greg J. Bucknell, P.E. Princhl al Civil Engineer/Special Projects Enclosures: as noted above cc: Acting City Engineer Consultant Project Coordinator, Special Projects Consultant Public Works Inspector (SB) www.fontana.org 8353 SIERRA AVENUE FONTANA, CALIFORNIA 92335-3528 (909) 350-7600 1). Name of Licensee: a) If a corporation a corporation of the State of APPLICATION CITY OF FONTANA (Name to be shown on Document) CITY OF FONTANA (Exact Name of Corporation) CALIFORNIA (State of Incorporation) NOTE: The corporate name of a company should be exactly as stated in its Articles of Incorporation. Type of Corporation, if other than a normal business corporation, MUST be shown: Municipal. b) If an Individual (Municipal, quasi -municipal, body politic, etc.) (Name of Individual) (City & State) c) If an individual or corporation doing business under a trade name: d) If a partnership (Doing Business As or Trade Name) • a partnership consisting of: (Name of Partnership) and all of (City & State) 2). Address of Licensee: 8353 Sierra Avenue, Fontana, California 92335 3). Name and mailing address of individual to whom instrument is to be sent for execution if different than shown in Item 2: Gregory. J. Bucknel.L. -P. E . • (Name & Address) 4). Billing address if different than shown in Item 2: (Address) 5). Name and 'phone number of individual to contact in event of questions: Gregory• J. Bucknell, •.P,E. (909) 350-6646 FAX# (909) 350-6618 6 ). a) Do you plan to utilize the right-of-way for a public use (for a utility crossing)? (x) Yes ( ) No b) Do you have authority to utilize the right-of-way for a public use by condemnation? (X) Yes ( ) No c) Will you initiate condemnation proceedings to acquire the subject property in the (X) Yes ( ) No event negotiations are unsuccessful? 7). When do you expect construction to begin on the Railroad Company's property? January 2001 8). When do you need to receive this agreement from the Railroad Company? January 2001 (Please allow 30-45 days for crossings and 90-120 days for encroachments) 9). Permanent or Temporary Installation - Temporary If Temporary, estimated tens - Six Months 10). Location of installation - 24 Fontana, San Bernardino, California (City, County & State) ft. ITV , (S), (E). or (W) of the (N), (51(E), (W) or (Center) line of Section 23 Township 1 (S) (N) or (S), Range 6 (W) (E) or (W). 11) New installation, relocation or modification of existing installation which is located on the Railroad Company's property or across tracks? New Installation. 12). Do you have an existing agreement at this location with the Railroad Company which is to be affected by this request? (109 No ( ) Yes, Railroad Company Contract Number: 13). Is installation a crossing or encroachment " or both? 14). Is installation located within a dedicated public street? No Yes X , enclosed are records which identify and prove the dedication of such public way. 15). Additional information pertinent to this installation: This temporary paving is tofacilitate traffic through the construct.ion area. This is in conjun.ctibrirwith the installation of a sewer main on the north side of Slover Ave., pipeline crossing agreement and contractor's 16). If an encroachment, who will be served? right of entry folder no. 1901-90 General Public. (Railroad, Railroad Tenant, General Public, etc.) 17). Did the Railroad Company's magazine advertisement affect your decision to utilize the right-of-way for a utility corridor? ( ) Yes (IQ No. If not, did another medium impress your decision? ( ) Yes fol No. If applicable, please advise other medium: CONTRACTOR AND INSTALLATION INFORMATION 18). Will construction be by a Contractor? ( ) No (X) Yes If yes, Contractor will be: Fischer .Plumbing Address: 1372 W. 26th Street. San Bernardino. California 92405 Corporate Status: Individual Name and Phone Number of individual to contact in the event of questions: Neil Reilly (909) 881-2910 19). Describe in detail the method and manner of installation on the Railroad Company's property: 14 Foot wide Asphalt Concrete Traffic Lane per Drawing Nn,2R3R, SHT: 5 City of Fontana CALIFORNIA Mary Hauschild Union Pacific Railroad Company 1416 Dodge Street, WP001 Omaha, NE 98179 RE: Slover Avenue Sewer Improvements from Cherry Avenue to Hemlock Avenue Union Pacific Railroad Application Dear Ms. Hauschild: t).1 Enclosed for your company a feview and approval is an application to cross your facilities with a master sewer main line. The existing switches are shown on the drawings and this proposed construction will not affect your company's ope � addition to the sewer main line crossing, a temporary 14 ft. asphalt concrete traffic lane across the track�d will be removed upon construction completion through the project reach. Also, enclosed is a copy of Appendix V -Union Pacific Railroad's Contractor's Right of Entry Agreement within the City's construction bidding documents to be completed the construction contractor on this project upon award and three City approved sets of construction plans. If you have any questions, please contact the undersigned at (909) 350-6646. I will be on vacation over the next three weeks and will be returning on August 7, 2000. July 13, 2000 Sincerely, Community Development Department Engineering Division GreTy J. Bucknell, P.E. Principal Civil Engineer/Special Projects cc: City Engineer • Douglas IL Mays, P.E., L.D. King • Bob N. Prince, Union Pacific Railroad w/one set of construction plans www.fontana.org 8353 SIERRA AVENUE FONTANA, CALIFORNIA 92335-3528 (909) 350-7600 a recycled paper USA Airbill TrackinNumber g 1 From Rees epint sndpoi herd Date 1/29/01 Sender's Name Donald Gdula 8203 3625 9570 Phone( 909) 350--7610 Company CITY OF FONTANA /ENGINEERING Address 17001 UPLAND AVE city .FONTANA 2 Your Internal Billing Reference First 24 choristers wtl wpm on invoice. DepNAoor/Suiteleean State CA .. zip 92335 OPTIONAL 3 To Recipient's Steve Name Handleman Phone(213) 576-7085 Comas California Public Utilities Commission Address 320 W. 4th , Suite 500 To NOLO' atFedEx location, prhoFedEoaddreas We cannot deliverto P.O. boxes or P.O.ZIP codes. Railroad Crossing Engineering Section city Los Angeles state CA zip900.13 NEW Peel and Stick FedEx USA Airbill ;.. See back for application instructions. Questions? 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Dee 8/99•PM Otta4913•e 1994-99 FedEmPRINrm IN U.S.A. 359 c a •a s a a r c a a a a • s 9T n USA Airbill ie 8203 3625 9559 Sender's FedEx Account Number Saela Name 1\ 1420-13939-4 Phone (909) 350-7610' Company CITY OF FONTANA/ENGINEERING Address 17001 UPLAND .AVE city FONTANA 2 Your Internal Billing Reference nrat24 characters MI appear en voice. • State CA' ZIP OPTIONAL DeptlFloor/Sulte/eoom 92335. 3 To RNameecipienCO� Phone ( 1 Company 1.Ji� Address 1qob ]n�� To 'HOLD" etfedEdocadon, prkUFadFx address. We to P.OP.O. ZIP codes. cay Om ch c ,� Dept/Floor/Sub/Room c3 State r-Bzw.. q1cj NEW Peel and Stick FedEx USA `Airbill See back for application instructions. • Questions? Call. 1.800•Go•FedEx® (800-463-3339) . Visit our Web site at www.fedex.com ' By using this Airbityou agree tote service conditions onthe beck ofthis AirbilI end In our current Service Guide, Including terms Stet limit our llebll ty. 13,w"'1"� h :fN r° ' t1��911rl tl�i, t;a¢°`" r .is, lugs ,sr�..: d��dro;l f. lwkl °�°da, si • 4a ' ExpressPecka r ern Packagesup to 1501bs . 'Delivery commitmentmay be Morin some areas, ❑ FedEx Priority Ova dExStandard Overnight. •, ❑ FedEx First Ovemight, ISM business moming I a business eftemoon EadlestMO/business morning &Obli a select locations , .. FedEx Express Sayer" Third husinees day • Fad& EnvelopeAeUer Rote not evelle ble Minimum charge:One-pound rota 4b Express Freight Service FedEx l Dav Freight" Nextbuslnesa sy • Coll for ConOrmedon: 5 Packaging Cg FedEx Envelope/Letter" FedEx :DayFreight Second h sines dry . Packages over1501bs. 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Fed&bet No. CreditCerd No. Date Total Packages Total Weight Total DeclaredValuet $ Log • r liability la limited to SIOt1unless you declare a higher value. See beck for details. FedEx Use Only 8 Relea Signature sto authorize dellverywithoutobtaining signature. By signing you authorize us to deaverthis shipment without obtaining a signature ._., /y +� .1 and agree to indemnify end hold us harmless from any resulting claims. 0 13978Es$11 5RP0300•Rev. Data 8/99•Pet#154813•61994-99PodEx•PRINTED INU.SA 359 PULL AND RETAIN THIS COPY BEFORE AFFIXING TO THE PACKAGE. City of. Fontana. CALIFORNIA Roland Wedige Union Pacific Railroad Company 1800 Farnam Street Omaha, NE 98179 RE: Slover Avenue Sewer Improvements from Cherry Avenue to Hemlock Avenue Union Pacific Railroad Application Temporary 14-Foot Asphalt Concrete Traffic Lane Dear Mr. Wedige: January 12, 2001 When the City initially applied for the pipeline crossing agreement, the temporary 14-foot asphalt concrete traffic lane across the tracks was requested at that time. Upon completion of the construction through the project reach, this temporary 14-foot asphalt concrete paving will be removed. This, however, was over looked when the application was being processed. Please see the enclosed correspondence to Mary Hauschild dated July 13, 2000. Enclosed are the Pipeline Crossing and Contractor's Right of Entry Agreements Folder No: 1901-90. Enclosed for your company's review and approval is an application to cross your facilities with a 14 foot temporary asphalt concrete traffic lane on the south side of Slover Avenue. The existing railroad switches are shown on the drawing and this proposed construction would not affect your company's operations. Also, enclosed are three copies of Drawing No. 2838, Sheet 5 for your use. We would also hope that due to the fact that we have the other agreements this would expedite this application process. If you have any questions, please contact the undersigned at 909-350-6646. Sincerely, Community Development Department Engingering Division Gregor \T. Bucknell, P.E. Principa�pllCivil Engineer/Special Projects Enclosures: as noted above cc: Acting City Engineer Consultant Project Coordinator, Special Projects Consultant Public Works Inspector (SB) Bob N. Prince, Union Pacific Railroad www.fontana.org 8353 SIERRA AVENUE FONTANA, CALIFORNIA 92335-3528 (909) 350-7600 0 recycled paper PL X&E ROE 940201 Form Approved, AVP-Law • AUDIT;I0 /`� 7 Folder No: 1901-90 CONTRACTOR'S RIGHT OF ENTRY AGREEMENT THIS AGREEMENT is made and entered into as of the 19 th day of OCTOBER 20 D 0 , by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, (hereinafter the "Railroad") and FISCHER PLUMBING a SOLE PROPRIETORSHTP corporation/partnership, whose address is 1372 W. 26TH STREET SAN BERNARDINO, CA. 92405 (hereinafter the "Contractor"). RECITALS: The Contractor has been employed by CITY OF FONTANA for the purpose of constructing (hereinafter "work") only a underground 15-inch sewer pipeline crossing on and across property of the Railroad at or near Mile Post 529.80, Alhambra Subdivision, near Fontana, San Bernardino County, California. The Contractor has requested the Railroad to permit it to perform the work and Railroad is agreeable thereto, subject to the following terms and conditions. AGREEMENT:' NOW, THEREFORE, it is mutually agreed by and between the Railroad and Contractor, as follows: Article I. DEFINITION OF CONTRACTOR. For purposes of this Agreement, all references in this Agreement to the Contractor shall include the Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. Article II. RIGHT GRANTED; PURPOSE. The Railroad hereby grants to the Contractor the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contined, to enter upon and have ingress to and egress from the property described in the Recitals hereof and as shown on the attached print dated July 24, 2000, marked Exhibit A, for the purpose of performing the work described in the Recitals above. The right herein granted to Contractor is limited to those portions of the Railroad's property specifically described herein, or designated by the Railroad representative named in Article V. • • Article III. TERMS AND CONDITIONS CONTAINED IN EXHIBITS B AND B-1. The terms and conditions contained in Exhibits B and B-1, hereto attached, are hereby made a part of this Agreement. Article IV. ADMINISTRATIVE FEE. Applicant shall pay to the Railroad FIVE HUNDRED DOLLARS ($500.00) as reimbursement for clerical, administrative and handling expense in connection with the processing of this Agreement. Article V. ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVE. The Contractor shall bear any and all costs and expenses associated with any work performed by the Contractor, or any costs or expenses incurred by the Railroad relating to this Agreement. All work performed by Contractor on Railroad's property shall be performed in a manner satisfactory to the respective local Superintendent of Transportation Services of the Railroad or his authorized representative (hereinafter the "Railroad Representative"). Article VI. TERM; TERMINATION. A. The grant of right herein made to Contractor shall commence on 10— / y 'WO ci,a and continue until 5 •/%/ -,? G / , 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 property. B. This Agreement may be terminated by either party on ten (10) days' written notice to the other party. Article VII. CERTIFICATE OF INSURANCE. A. Before commencing any work, the Contractor will provide the Railroad with a Certificate, identifying Folder No. 1901-90, issued by its insurance carrier providing the insurance coverage required pursuant to Exhibit B-1 of this Agreement in a policy which contains the following type of endorsement. UNION PACIFIC RAILROAD COMPANY is named as additional insured with respect to all liabilities arising out of Insured's, as Contractor, performance of any work on the property of the Railroad. B. Contractor warrants that this Agreement has been thoroughly reviewed by its insurance agent(s)/broker(s) and that said agent(s)/broker(s) has been instructed to procure insurance coverage and an endorsement as required herein. • • By Title: C. All insurance correspondence shall be directed to: Folder No. 1901-90, Union Pacific Railroad Company, Real Estate Department, 1800 Farnam Street, Omaha, Nebraska 68102. Article VIII. CHOICE OF FORUM. Litigation arising out of or connected with this Agreement may be instituted and maintained in the courts of the States of Nebraska and California only, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation, in those courts, and consent to service of process issued by such courts. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate as of the date first herein written. UNION PACIFIC RAILROAD COMPANY By • anager Conir FISCHER d 'LA B4 (IL°i N:tR f • Telephone: (9 0 91 8 81 — 2 91 0 Fax: (909) 881-5761 HER .PLACE. ARROW INDICATING NORTH �. DIFtEBCCT1ON RELATIVE,TO CROSSING tea. �o eo Q 4Y a? 4'Fo , hy-; _ r r= ro FONTANA ,02 �() 5 (NEAREST R.R. I i I •a TORN) 10� NO SCALE OI 0 M as0 uw 1056 FT: FORM DR- 0404- 8 REV, • 5- 1 5-98 ENCASED NON-FLAMMABLE PIPELINE CROSSING NOTE: ALL AVAILABLE DIMENSIONS MUST BE FILLED IN TO PROCESS• THIS APPLICATION. 4 24 FL (SEE NOTE 3 8 5) MAIN TRACK Stover Ave. �(OESCRIBE FIXED OBJECT) (SEE NOTE 6) (DISTANCE ALONG TRACK FROM SECTION LINE CROSSING) 24 FT (NOTE: THIS DIMENSION REQUIRED IN ALL. CASES. AT LOCATIONS NOT USING SECTIONS, DISTANCE TO A LEGAL SURVEY LINE 15 REOUIRED) RR• 5 R/W 50 FT. MIN. DIST (5eo Note 2) a RR'S R/W 4224 FT. 0 FT. (SEE NOTE 3 B 5) E LA. 90 ° 00 ' 00 " (ANGLE OF CROSSING) *III Switch No. 760 (DESCRIBE FIXED OBJECT) (SEE NOTE 5) ° FT O 1 • 11 FT. (4.5 FT MIN.) . (20 FT. MAX.) Ir.- CASING PIPEJ(Seo Note 4) --- 15 ROADBED 50 FT. r SUBGRAOE 0) 631 50 F T. N 0 oa J 50 FT. To FONTANA —. ( NEAREST R. R. TOWN ) GROUND SURFACE ti 114F T. (3 FT.M1\) CARRIER PIPE 65 FT SEAL CASING NOTES ; • (CASINO LENG H WHEN SUREO ALONG PIPELINE.) 'I) ALL HORIZONTAL' DISTANCES TO BE MEASURED AT RICHT ANGLES FR R. RACK. 21 CASING TO EXTEND BEYOND THE S. OF TRACK AT RIGHT ANGLES THE GR ATER OF 20 • 20 FT., 0R 30 FT., AND BEYOND LIMIT OF RAILROAD RIGHT-OF-WAY IF NECESSARY TO PROVIDE PROPER LENGTH OUTSIDE OF TRACK. 31 MINI'h4IM OF 50' FROM THE END OF ANY'RAILROAD BRIDGE, t OF ANY CULVERT, OR FROM ANY SWITCHING AREA. 4) SIGNAL REPRESENTATIVE MUST BE PRESENT DURING INSTALLATION IF RAILROAD SIGNALS ARE IN THE VICINITY OF 5) ALLOWABLE FIXED OBJECTS INCLUDE: BACKWALLS OF BRIDGES; Q OF ROAD CROSSINGS B OVERHEAD VIADUCTS (GIVE 6) CASING AND CARRIER PIPE MAST BE PLACED A MINIMUM OF 2 FEET BELOW THE EXISTING FIBER OPTIC CABLE. ANY .5 FEET OF.THE,EXIST.ING FIBER OPTIC CABLE MUST DE HAND DUG. CROSSING.' ROAD NAME), 0R CULVERTS. EXCAVATION REOUIRED WITHIN STEEL CASING WALL THICKNESS CHART MINIMUM DIAMETER OF THICKNESS CASING PIPE . 2500" . 3125" 3750" . 4375" . 5000" . 5625" . 6250" 1/4", 12" OR LESS 5/16" OVER 12"-I8" 3/8" OVER I.8" _22."-.. 7/16" OVER -22"-28"' 1/2" OVER 28"-34" 9/16" OVER 34"-42" 5/8" OVER 42"-48" OVER 48" MUST BE APPROVED BY R. R. CO. NOTE: THIS CHART IS ONLY FOR SMOOTH STEEL CASING PIPES WITH MINIMUM YIELD STRENGTH OF 35,000 PSI. FORMULA TO FIGURE CASING LENGTH WITH ANGLE OF CROSSING'OTHER THAN 90° O MIN.DIST. (NOTE 2) A) B) D) C•) E1 FI G) H) I) I5 PIPELINE CROSSING WITHIN DEDICATED STREET ?,,._YES; NO; IF YES, NAME OF STREET SLOVER AVENUE DISTRIBUTION LINE • OR TRANSMISSION LINE XX CARRIER,PIPE : COMMODITY TO BE CONVEYED BY GRAVITY OPERATING PRESSURE 0.0 PSI WALL THICKNESS 1-5/8" ;DIAMETER. 15"ID ;MATERIAL VCP CASING PJPE : WALL. THICKNESS 9/16! ;DIAMETER 36" ;MATERIAL STEEL NOTE :CASING MUST HAVE 2" CLEARANCE BETWEEN GREATEST OUTSIDE DIAMETER. OF CARRIER PIPE AND INTERIOR DIAMETER OF CASING PIPE. WHEN FURNISHING DIMENSIONS, GIVE OUTSIDE OF CARRIER PIPE AND INSIDE OF CASING PIPE. METHOD OF INSTALLING CASING PIPE UNDER TRACK(S): XX DRY BORE AND JACK (WET BORE NOT PERMITTED) ; • TUNNEL ; OTHER WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR? X YES; NO; DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BORING AND JACKING PITS WHEN MEASURED AT RIGHT ANGLES 70 TRACK 30'. APPLICANT HAS CONTACTED 1-800-336-9193, BILL (30' MIN.) U. P. COMMUNICATION DEPARTMENT, AND HAS DETERMINED FIBER OPTIC CABLE DOES ; X DOES NOT ; EXIST•IN VICINITY OF WORK TO BE PERFORMED . TICKET NO 19991115035 EXHIBIT "A" (FOR RAILROAD USE ONLY/ UNION PACIFIC RAILROAD CO. /e I //f%/y' M4 J f. Pifcegwar Sfi'JAR ISUHO)V)0IONI M. P J 9, go E. S. /1" 4'70 ENCASED . PIy. CROSSING AT Soon, roit/r/LlM �yINeeiee .9/Ji'i CA • (NEAREST OIT1I IC0u4lTrI (Stain (,ry41,e F,47,1.v RR F I LE NO.J9Ai""7c DATE WARNING IN ALL OCCASIONS, U. P. COMMUNICATIONS DEPARTMENT MIDST BE CONTACTED IN ADVANCE OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE. PHONE 1 1-800-336-9193 111TEL IES X & E ROE 990701 Farm Approved, AVP-Ltw Section 1. EXHIBIT B TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT NOTICE OF COMMENCEMENT OF WORK - FLAGGING. The Contractor agrees to notify the Railroad Representative at least 48 hours in advance of Contractor commencing its work and at least 24 hours in advance of proposed performance of any work by the Contractor in which any person or equipment will be within 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 25 feet of any track. Upon receipt of such notice, the Railroad Representative will determine and inform the Contractor whether a flagman need be present and whether the Contractor need implement any special protective or safety measures If any flagmen or other special protective or safety measures are performed by the Railroad, such services will be provided at Contractor's expense with the understanding that if the Railroad provides pan or services the Contractor shall not be relieved of any of its responsibilities or liabilities set forth herein. y flaggingother Section 2. NO INTERFERENCE WITH RAILROAD'S OPERATION No work performed by Contractor shall cause any interference with the constant, continuous and uninterrupted use of the tracks, property and facilities of the Railroad its lessees, licensees or others, unless specifically permitted under this agreement, or specifically authorized in advance by the Railroad Representative. Nothing shall be done or suffered to be done by the Contractor at any time that would in any manner impair the safety thereof When not in use, Contractor's machinery and materials shall be kept at least 50 feet from the centerline of Railroad's nearest track, and there shall be no vehicular crossings of Railroad's tracks except at existing open public crossings. Section 3. MECHANIC'S LIENS. The Contractor shall pay in full all persons who perform labor or provide materials for the work to be performed by Contractor. The 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 the Railroad for any such work performed. The Contractor shall indemnify and hold harmless the 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 fumished. Section 4. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. a). 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. Contractor shall telephone the Railroad at 1-800-336-9193 to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the Contractor. If it is, Contractor will telephone the telecommunications company(ies) involved, arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, all at Contractor's expense, and will commence no work on the right of way until all such protection or relocation has been accomplished. b). In addition to other indemnity provisions in tbis Agreement, the Contactor shall indemnify and hold the 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 cc omission of the Contractor, its contractor, 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 5. COMPLIANCE WITH LAWS. In the prosecution of the work covered by this agreement, the 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. The Contractor shall use only such methods as are consistent with safety, both as concerns the Contractor, the Contractor's agents and employees, the officers, agents, employees and property of the Railroad and the public in general. The Contractor (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 property. If any failure by the Contractor to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being aecPcavi, imposed or charged against the Railroad, the Contractor shall reimburse and indemnify the Railroad for any such fine, penalty, cost, or charge, including without limitation attorneys' fees, court costs and expenses. The Contractor 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. Page 1 of 4 Exhibit B F�X & E ROE 990701 Approved, AVP-Law Section 6. SAFETY INSTRUCTIONS. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work pursuant to this agreement As reinforcement and in furtherance of overall safety measures to be observed by the Contractor (and not by way of limitation), the following special safety rules shall be followed: a). The 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. The Contractor shall have proper first aid supplies available on the job site so that prompt first aid services can be provided to any person that may be injured on the job site. The Contractor shall promptly notify the Railroad of any U.S. Occupational Safety and Health Administration reportable injuries occurring to any person that may arise during the work performed on the job site. The Contractor shall have a non -delegable duty to control its employees, while they are on the job site or any other property of the Railroad to be certain they do not use, be under the influence ofy or have in their possession any alcoholic beverage, drug, narcotic or other substance that may inhibit the safe performance of work by the employee. b). The employees of the Contractor chall be suitably dressed to perform their duties safely and in a manner that will not interfere with their vision, hearing or free use of their hands or feet Only waist length shirts with sleeves and trousers that cover the entire leg are to be worn. If flare -legged trousers are worn, the trouser bottoms must be tied to prevent catching The employees should wear sturdy and protective work boots and at least the following protective equipment (1) Protective head gear that meets American National Standard-Z89.1-latest revision. It is suggested that all hardhats be affixed with Contractor's or subcontractor's company logo or name. (2) Eye protection that meets American National Standard for occupational and educational eye and face protection, Z87.1-latest revision. Additional eye protection must be provided to meet specific job situations such as welding, grinding, burning etc.; and (3) Hearing protection which affords enough attenuation to give protection from noise levels that will be occurring on the job site. c). All heavy equipment provided or leased by the Contractor shall be equipped with audible back-up warning devices. If in the opinion of the Railroad Representative any of Contractor's or any of its subcontractor's equipment is unsafe for use on the Railroad's right-of-way, the Contractor, at the request of the Railroad Representative, shall remove such equipment from the Railroad's right-of-way. Section 7. INDEMNITY. a). As used in this Section, "Railroad" includes other railroad companies using the Railroad's property at or near the location of the Contracta's installation and their officers, agents, and employees; "Loss" includes loss, damage, claims, demands, actions, causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from: (a) injury to or death of persons whomsoever (including the Railroad's officers, agents, and employees, the Contractor's officers, agents, and employees, as well as any other person); and/or (b) damage to or loss or destruction of property whatsoever (including Contractor's property, damage to the roadbed, tracks, equipment, or other property of the Railroad, or property in its care or custody). b). As a major inducement and in consideration of the license and permission herein granted, the Contractor agrees to indemnify and hold harmless the Railroad from any Loss which is due to or arises from any cause and is associated in whole or in part with the work performed under this agreement, a breach of the agreement or the failure to observe the health and safety provisions herein, or any activity, omission or negligence arising out of performance or nonperformance of this agreement However, the Contractor shall not indemnify the Railroad when the Loss is caused by the sole negligence of the Railroad. c). The Contractor shall maintain whatever insurance coverage is nerpssary to adequately underwrite its general and contractual liability under the terms of this Agreement Section 8. RESTORATION OF PROPERTY. In the event the Railroad authorizes the Contractor to take down any fence of the Railroad or in any manner move or disturb any of the other property of the Railroad in connection with the work to be performed by Contractor, then in that event the 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. Page 2 of 4 Exhibit B • UTILITIES X & E ROE 990701 Nan Approved, AVRLaw Section 9. WAIVER OF BREACH. The waiver by the Railroad of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by the Contractor shall in no way impair the right of the Railroad to avail itself of any remedy for any subsequent breach thereoL Section 10. ASSIGNMENT- SUBCONTRACTING. The Contractor shall not assign, sublet or subcontract this agreement, or any interest therein, without the written consent of the Railroad and any attempt to so assign, sublet or subcontract without the written consent of the Railroad shall be void. If the Railroad gives the Contractor permission to subcontract all or any portion of the work herein described, the Contractor is and shall remain responsible for all Nwrk of subcontractors and all work of subcontractors shall be governed by the terms of this agreement. Page 3 of 4 Exhibit B z •' • ROE INS 940203 RR Protective Ins. Form ApprDved, AVP-Law EXHIBIT B-1 Right of Entry Agreement Utilities Insurance Requirements a). Contractor shall, at its own sole cost and expense, procure the following kinds of insurance and premiums for that insurance. The following insurance shall be kept in force during the life of this promptly pay when due c Agreement: ' I). General Public Liability' insurance providing bodily injury. including death, personal injury and property damage with a combined single limit of at least $1.000,000 each occurrence or claim and a general coverag $2.000.000. This insurance shall provide Broad Form Contractual Liabilityaggregate omit of at Iecc Agreement. Underground Hazard Products -Completed covering the indemnity provisions contained in thi Agreeme a separatead. Prod project Operations with product�pleted operation general a for the roject (ISO Form CG 25 03 or equivalent). Broad Form aggregate Dar severability of interests and name Railroad as an additional insured with respect to all liabilities arisingage. obligatias to Railroad in the Agreement. Coverage purchased on a claims made form shallleastout of three (3) year extended reporting or discovery period if• (a) the coverage is changedprovideofa- at a e year (b) there is a lapse%ancellation of coverage. or (3) the succeeding from a claims.made form to an occurrence faun, expiring policy. ro9 claims made policy retroactive date different from the 2). Automobile Public Liability insurance Providing bodily injury and property damage with a combined single limit of at least $1,000,000 each occurrence or claim. This insurance shall provide contractual liability or equivalent covering all motor vehicles including hired and non -owned. mobile equipmentISO Form CAc DO 25 endorsement from general liability insurance.. severability. of interests and name Railroad as an additionale extentitwimay th respect to all liabilities arising out of Contractor's obligation to Railroad in the leisured with respect to all Agreement.• • . 3). Worker's Compensation insurance covering the statutory liability as determined affected by this Agreement and Employers' Liability. Also corn fiance by the Which require plawsanic of the states) state workers' compensation fund P with all laws of states which require participation in their 4). Railroad Protective Liability insurance naming Railroad and any combined single limit of $Z000,000 per occurrence with a $l%000,000 restate operating over o its tracks as insured with a broad form coverage for Physical Damage to Propertyaggregate' The policy form shall be qqR AA.SFi'PO with ag' (ISO Form GL 00 30) or as revised ISO-RIMA (Form CG 0035) and include pollution arising out of fuels and lubricants brought to the job site (ISO Form CG 28 31 or• London policy form is used limits shall be $3,000,000 per occurrence with a $9,000,000 end th equivalent). If the Lloyd's Made Date shall be determined by adding the length of the original aggregate and the Extended Claims policy Period plus one year to the policy expirati� date. b)_ The Contractor hereby waives its right to subrogation, as res payments made to or on behalf of ern 1 peals the above insurance policy(ies), against Railroad for p oyees of Contractor or its agents and for loss of its owned or leased under its care, respectpeand aurl aee on or carried by Railroad. right-of-way or other real property. Contractor's perty or Ceshall un primary with any • c). Contractor shall furnish to Railroad certificates) of insurance evidencing the required coverage request a certified duplicate original of any of those policies. The insurance corn issuing and endorsement(s) and upon Railroad in writing of any material alteration including any change in the retroactive date any claims -made) shall eor substantial reduction of aggregate limits, if such limitsthereto. policies or apply, or cancellation thereof at least thirty (30) days prior thereto. d). The insurance policy(ies) shall be written by a reputable insurance company or corn current Best's Insurance Guide Rating of B and Class VII or better. Such insurance companyes acceptable to Railroad transact nwsa t business in the state(s) affected by this Agreement. shall be authorized to transact G: \SHARE-VNS URANCICROEMSY.EX13 Page 4 of 4 Exhibit B-t Mary Hauschild, Manager Contracts Union Pacific Railroad Company Real Estate Department 1800 Farnam Street Omaha, Nebraska 68102 City of Fontana CALIFORNIA November 2, 2000 Re: Slover Avenue Sewer from Cherry Avenue to Hemlock Avenue Pipeline Crossing and Contractor's Right of Entry Agreement Folder No.: 1901-90 Dear Ms. Hauschild: Enclosed are two executed Pipeline Crossing Agreements, a check in the amount of $3,604 for the License Fee and the required Certificate of Liability Insurance by the City of Fontana. Also, enclosed are three executed Contractor's Right of Entry Agreements, a check in the amount of $500, and the required Certificate of Liability Insurance by Fischer Plumbing. Please return one executed Pipeline Crossing Agreement and two executed Contractor's Right of Entry Agreements to this office. If you require additional information, please contact the undersigned at (909) 350-6646. Sincerely, Community Development Department Engineering Division . reg y J. Bucknell, P.E. Princi al Civil Engineer/Special Projects. cc: Acting City Engineer Consultant Project Coordinator/Special Projects www.fontana.org 8353 SIERRA AVENUE FONTANA, CALIFORNIA 92335-3528 (909) 350-7600 FISCHER PLUMBING 1372 W. 26th Street San Bernardino, CA 92405 Invoice No Gross Amount Discount 0900 500.00 0.00 Invoice No Gross Amount .Discount . Invoice No Gross Amounts Discount~ Vendor 000965 UNION PACIFIC RAILROAD Check No 00024457 10/05/2000 Gross: 500.00 Disc: 0,00 jNet: 500.00 PAY TO THE ORDER OF ®•, ARROWHEAD P.O. Box 735 = San Bernardino, California 92402 1372 W. 26th STREET SAN BERNARDINO, CA 92405 909-881-2910 • CONTROL NO 024457 FIVE HUNDRED DOLLARS AND 00/100 UNION PACIFIC RAILROAD COMPANY 90-8260/3222 10/05/2000 DATE CHECK 24457 $*500.00 AMOUNT J !PO 2445?IN 43 222826034 50002?70 CO ............................ PRODUCER FEDERATED MUTUAL INSURANCE COMPANY 2400 W. Dunlap Ave., Suite 250 Phoenix, AZ 85021 Phone: 602-944-5566 Home Office: Owatonna, MN 55060 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY FEDERATED. MUTUAL INSURANCE COMPANY OR A FEDERATED SERVICE INSURANCE COMPANY INSURED FISCHER PLUMBING 1372 W 26TH ST SAN BERNARDINO CA 92405 310-700-0 COMPANY B COMPANY C COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OFINSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR OWNER'S & CONTRACTOR'S PROT X BROAD FORM PROP DAMAGE X CONTRACTUAL LIAB X XCU X A 9271543 01 /17/00 01 /17/01 GENERAL AGGREGATE s 2,000,000 PRODUCTS - COMP/OP AGG s 2,000,000 PERSONAL & ADV INJURY s '1,000,000 EACH OCCURRENCE. s 1,000,000 FIRE DAMAGE (Any one fire) s' 100,000 MED EXP (Any one person) $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS X 9271543 01 /17/00 01/17/01 COMBINED SINGLE LIMIT $ 1,000,000 BODILY INJURY. (Per person) $ BODILY INJURY (Per accident) . $ PROPERTY DAMAGE $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT s OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE s A EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY X THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE: INCL EXCL 9271544 01 /17/00 01/17/01 EACH OCCURRENCE s 4,000,000 AGGREGATE s 4,000,000 WC STATU- TORY LIMITS EL EACH ACCIDENT OTH- ER s s EL DISEASE - POLICY LIMIT $ EL DISEASE - EA EMPLOYEE s OTHER RAILROAD POLICY A 9339604 11/6/00 11/6/01 $2,000,000 PER OCCURRENCE $6,000,000 AGGREGATE DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS THE CERTIFICATEHOLDER IS ALSO AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE CG-F-48 ADDITIONAL INSURED BY CONTRACT ENDORSEMENT. RE: UNDERGROUND 15-INCH SEWER PIPELINE CROSSING ON AND ACROSS PROPERTY OF THE RAILROAD AT OR NEAR MILE POST 529.80 ALHAMBRA SUBDIVISION, NEAR FONTANA, SAN BERNARDINO COUNTY, CA 1 3107000 UNION PACIFIC RAILROAD INDUSTRY & PUBLIC PROJECTS 19100 SLOVER AVE BLOOMINGTON CA 92316 ATTN BOB N PRINCE MGR 51 11Yt.::CCiK1: I.V IY f:Y::::;::r:;:::2: S.'•: £::;:f: •:;•: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL XNEW/XXCGOCRIX MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, noommDCXBfSNP(XXXNaB{XfKO(T4J neatr IWIPGaXN4(X onal ooxi Rk rsonmx 121RX?IMXXXXXXXWIRINXXDHEXXI&13111tP Cxxaso )g16H14TSCxxstvXRHPermu mom AUTHORIZED REPRESENTATIV ...........................................................................:::>::>::>�:lAG4FI;D::G£�Rp47R11TIC3111::::..: i • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. OWNERS AND CONTRACTORS COVERAGE PART A. WHO IS AN INSURED for "bodily injury" and "property damage" liability is amended to include: Any person or organization other than a joint venture, for which you have agreed by written contract to procure bodily injury or property damage liability insurance, arising out of operations performed by you or on your behalf; however, this additional insurance does not apply to: 1. An employee, association of employees or labor union, except with respect to work performed by or for you for such employee, association of employees or labor union under direct contract between you as contrac- tor and such employee, association of employees or labor union as owners; 2. Any railroad company except with respect to work performed by orfor you for such railroad company under direct contract or agreement between you and such railroad company; or 3. Any person or organization whose profession, business or occupation is that of an architect, surveyor or• engineer with respect to liability arising out of the preparation or approval maps, drawings, opinions, reports, surveys, change orders, designs, specifications or the performance of any other professional ` services by such person or organization; . 4. Any of you► Subcontractors, or any partner, officer, agent or employee of such Subcontractor. B. The Coverage extended to any additional Insured by this endorsement is limited to, and subject to all terms, con- ditions, and exclusions of the Coverage part to which thisendorsement is attached. In addition Coverage shall not exceed the terms and conditions that are required by the terms of the written agreement to add any insured, or to procure insurance. C. The limits of insurance applicable to such insurance shall be the lesser of the limits required by the agreement between the parties or the limits provided by this policy. D. Additional exclusions. The insurance afforded to any person or organization as an insured under this endorse- ment does not apply: 1. To "bodily injury" or "property damage" which occurs prior to the date of your contract with such person or or- ganization; 2. To "bodily injury" or "property damage" included within the "products/completed operations hazard." 3. To "bodily injury" or "property damage" arising out of the sole negligence of any person or organization that would not be an insured except for this endorsement. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CG-F-48 (06-92) Policy Number: 9271543 Effective: 01-17-00 PL X&E ROE 940201 Form Approved, AVP-Law Folder No: 1901-90 CONTRACTOR'S RIGHT OF ENTRY AGREEMENT THIS AGREEMENT is made and entered into as of the 19th day of OCTOBER 20 00, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, (hereinafter the "Railroad") and FISCHER PLUMBING a SOLE PROPRIETORSHTP corporation/partnership, whose address is 1372 W. 26TH STREET SAN BERNARDINO, CA.' 92405 (hereinafter the "Contractor"). RECITALS: The Contractor has been employed by CITY OF FONTANA for the . purpose of constructing (hereinafter "work") only a underground 15.-inch sewerpipeline crossing on and. across property of the Railroad at or near Mile Post 529.80, Alhambra Subdivision, near Fontana, San Bernardino County, California. The Contractor has requested the Railroad to permit it to perform the work and Railroad is agreeable thereto, subject to the following terms and conditions. AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between the Railroad and Contractor, as follows: Article I. DEFINITION OF CONTRACTOR. For purposes of this Agreement, all references in this Agreement to the Contractor shall include the Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. Article II. RIGHT GRANTED; PURPOSE. The Railroad hereby grants to the 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 hereof and as shown on the attached print dated July 24, 2000, marked Exhibit A, for 'the purpose of performing the work described in the Recitals above. The right herein granted to Contractor is limited to those portions of the Railroad's property specifically described herein, or designated by the Railroad representative named in Article V. Article III. TERMS AND CONDITIONS CONTAINED IN EXHIBITS B AND B-1. The terms and conditions contained in Exhibits B and B-1, hereto attached, are hereby made a part of this Agreement. Article IV. ADMINISTRATIVE FEE. Applicant shall pay to the Railroad FIVE HUNDRED DOLLARS ($500.00) as reimbursement for clerical, administrative and handling expense in connection with the processing of this Agreement. Article V. ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVE. The Contractor shall bear any and all costs and expenses associated with any work performed by the Contractor, or any costs or expenses incurred by the Railroad relating to this Agreement. All work performed by Contractor on Railroad's property shall be performed in a manner satisfactory to the respective local Superintendent of Transportation Services of the Railroad or his authorized representative (hereinafter the "Railroad Representative"). Article VI.. TERM; TERMINATION. A. The grant of right herein made to Contractor shall commence on 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 property. B. This Agreement may be terminated by either party on ten (10) days' written notice to the other party. . Article VII. CERTIFICATE OF INSURANCE. A. Before commencing any work, the Contractor will provide the Railroad with a Certificate, identifying Folder No. 1901-90, issued by its insurance carrier providing the insurance coverage required pursuant to Exhibit B-1 of this Agreement in a policy which contains the following type of endorsement. UNION PACIFIC RAILROAD COMPANY is named as additional insured with respect to all liabilities arising out of Insured's, as .'I Contractor, performance of any work on the property of the Railroad. B. Contractor warrants that this Agreement has been thoroughly reviewed by its insurance agent(s)/broker(s) and that said agent(s)/broker(s) has been instructed to p ocure insurance coverage and an endorsement as required herein. C. All insurance correspondence shall be directed to: Folder No. 1901-90, Union Pacific Railroad Company, Real Estate Department, 1800 Farnam Street, Omaha, Nebraska 68102. Article VIII. CHOICE OF FORUM. Litigation arising out of or connected with this Agreement may be instituted and maintained in the courts of the States of Nebraska and California only, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation, in those courts, and consent to service of process issued by such courts. IN WITNESS WHEREOF, the parties hereto have executed.this Agreement in duplicate as of the date first herein written. UNION PACIFIC RAILROAD COMPANY By FISCHER By Title: 0 Telephone: (9 n 91 8 R 1— 2 91 n Fax: (909) 881-5761 HER .PLACE ARROW INDICATING NORTH 2 DIraGTION 'REL.ATIVE, TO CROSSING •. Q3.Y�°= jf/I v�J. _ Q 2 ci'' 1056 FT. �to Ca ,`o < 24 FT. Oo Q / f-= ro FONTANA 2 a a. W ( NEAREST R. R. TOWN) `Fs. I ' I ; ; -I 4v, ; NO SCALE FORM OR- 0404- B REV. 5- 15-98 'ENCASED NON-FLAMMABLE PIPELINE CROSSING RR'5 R(W NOTE: ALL AVAILABLE DIMENSIONS 'MUST BE FILLED IN 'TO PROCESS THIS APPLICATION. o (SEE NOTE 3 8.5) fL MAIN TRACK 1 : E ) Stover Ave. (DESCRIBE FIXED OWECEI (SEE NOTE 6) (DISTANCE ALONG TRACK FROM SECTION LINE CROSSING' 24 FT (NOTE: THIS DIMENSION REQUIRED IN ALL CASES. AT LOCATIONS NOT USING SECTIONS, DISTANCE TO A LEG4L'SURVEY'LINE 15 REQUIRED) 50 FT. _ MIN. DIST — (See No4e .2) SEAL CASING / 14.5 FT. 0 Y Z a t N L4= 90 ° 00 ' 00 " (ANGLE OF CROSSING) 1 1; 0 I Switch No. 760' .(DESCRIBE FIXED OBJECT) (SEE NOTE 5) 4224 FT. 0 FT. (SEE. NOTE 3 8 5) U FT 11FT. (4.5 F1 MIN.) (20 F1'. MAX.) w{ CASING PIPEI(Se° Note 4),• O r ROADBED —474— 15 FT. NOTES 2, (CASING LEND 11 ALL HORIZONTAL' DISTANCES TO BE MEASURED AT RIGHT ANGLES FR • AStIREo ALONG PIPELINE.) RACK. 50 FT SUBGRADE { CARRIER of rn 50 F r. C Wa 141 50 FT. RR'S P./W r0 FONTANA (NC ARESI' R. R. T0l.'N1 GROUND SURFACE (3 FT M N.) PIPE 65 FT. SEAL CASINO 1- \ ® I 21 cAS1N0 TO EXTEND BEYOND THE 8. OF TRACK AT RICHT ANGLES THE CRATER OF 20 • 20 FT., OR 30 FT., AND BEYOND LIMIT Or RAILROAD NIGHT -OF -WAY 1F NECESSARY TO PROVIDE PROPER LENGTH 0U75IOE OF TRACK. 31 MINIMUM OF 50' FROM THE END OF ANY'RAILROAO BRIDGE, t OF ANY CULVERT. 0R FROMAANT SWITCHING AREA. a1 SIGNAL REPRESENTATIVE MUST BE PRESENT DURING INSTALLATION IF RAILROAD SIGNALS ARE fN THE VICINITY OF CROSSING.' 5) ALLOWABLE F1xED 'OBJECTS. INCLUDE: BACKWALLS OF BRIDGES; Q OF ROAD CROSSINGS 8 OVERHEAD VIAOUCTS COVE ROAD NAME!, 0R CULVERTS. 6) CASING AND CARRIER PIPE MUST BE PLACED A MINIMUM OF 2 FEET BELOW THE EXISTING FIBER OPTIC CABLE. ANY EXCAVATION REOUIRED WITHIN b FEET OF.7HE . EXISTING FIBER OPTIC CABLE MUST BE HAND DUG. ; I I I STEEL CASING WALL THICKNESS CHART MINIMUM DIAMETER OF THICKNESS CASING PIPE . 2500" . 3125" ▪ 3750" . 4375" . 5000" . 5625" . 6250" 1/4" 12" OR LESS 5/16" OVER 12"-18" 3/8" OVER '6 '18 .22"_. 7/IOVER'22"='Z8"... 1/2" OVER 28"- 34" 9/16" OVER 34"-42" 5/8" OVER 42"--48" OVER 48" MUST BE APPROVED BY R.R. CO. NOTE: THIS CHART IS ONLY FOR SMOOTH STEEL CASING PIPES WITH MINIMUM YIELD STRENGTH OF 35,000 PSI. FORMULA TO FIGURE CASING LENGTH WITH ANGLE OF CROSSING OTHER, THAN 90° B a�I !A SIN ! 21, B MIN.015T. (NOTE 2) A) (5 PIPELINE CROSSING WITHIN DEDICATED STREET ? X YES;...:___NO; 8-) IF YES, NAME OF STREET SLOVER AVENUE D) DISTRIBUTION LINE • OR TRANSMISSION LINE XX • . C) CARRIER .PIPE : COM;IOD l TY TO BE CONVEYED BY GRAVITY OPERATING PRESSURE O.O PS] WALL THICKNESS 1-518" ;DIAMETER. 15'4) ;MATERIAL VCP El CASING PIPB: • WALL. THICKNESS 9/16" ;DIAMETER 36" ;MATERIAL STEEL NOTE :CASING MUST HAVE 2" CLEARANCE BETWEEN GREATEST OUTSIDE DIAMETER, OF CARRIER PIPE AND INTERIOR DIAMETER OF CASING PIPE. WHEN FURNISHING DIMENSIONS, GIVE OUTSIDE OF 'CARRIER PIPE AND INSIDE OF CASING PIPE. F) METHOD OF INSTALLING CASING PIPE UNDER TRACK(5): XX DRY BORE AND JACK (WET BORE NOT PERMITTED) ; TUNNEL ; OTHER . G) WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR? X YES; NO; H) DISTANCE FROM CENTER LINE' OF TRACK TO NEAR FACE OF BORINp AND JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK 30. I) APPLICANT HAS CONTACTED I- 800- 336- 91 93, BILL (3G' MIN. ) U. P. COMMUNICATION DEPARTMENT, AND HAS DETERMINED FIBER OPTIC CABLE • DOES ;_X DOES NOT ;• EXIST.IN VICINITY OF WORK TO BE PERFORMED . TICKET NO. 19991115035 EXHIBIT "A" I FOR RAILROAD USE OILY: UNION PACIFIC RAILROAD CO. Gf/fJ elm fee- ,DEct wu& spore ISUBIIIVISIGNI M.P E.S. 4-70 ENCASED . �G CROSSING AT Sourr! FdNrAAM SgNeawa"N CA I NEAREST CITII ICOWTYI • (STATE; C / 77 G)' di ,/?/I w1/,9 .ARRLIC.NTI RR FILE NO. J?ol-yc DATE 7/ ° 91 A R N I N G IN ALL OCCASIONS, U. P. COMMUNICATIONS DEPARTMENT MIDST BE CONTACTED IN ADVANCE OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE. PHONE I I-800-336-9193 4171LIIESX& EROE 990701 Farm Approved, AVP-Law EXHIBIT B TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Section 1. NOTICE OF COMMENCEMENT OF WORK - FLAGGING. The Contractor agrees to notify the Railroad Representative at least 48 hours in advance of Contractor commencing its work and at least 24 hours in advance of proposed performance of any work by the Contractor in which any person or equipment will be within 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 25 feet of any track. Upon receipt of such notice, the Railroad Representative will determine and inform the Contractor whether a flagman need be present and whether the Contractor need implement any special protective or safety measures If any flagmen or other special protective or safety measures are performed by the Railroad, such services will be provided at Contractor's expense with the understanding that if the Railroad provides any flagging or other services the Contractor shall not be relieved of any of its responsibilities or liabilities set forth herein. Section 2. NO INTERFERENCE WITH RAILROAD'S OPERATION. No work performed by Contractor shall cause any interference with the constant, continuous and uninterrupted use of the tracks, property and facilities of the Railroad its lessees, licensees or others, unless specifically permitted under this agreement, or specifically authorized in advance by the Railroad Representative. Nothing safety thereofWhen not in use, Contractoor's'machinery and materials shall be kept at least t550feet from the centerline of Railroad' nearest track, by any . that would in any MEIIMer impair the and there shall be no vehicular crossings of Railroad's tracks except at existing open public crossings. Section 3. MECHANIC'S LIENS. The Contractor shall pay in full all persons who perform labor or provide materials for the work to be performed by Contractor. The Contractor shall not create, permit or suffer any mechanic's or materialmea's liens of any kind or nature to be created or enforced against any property of the Railroad for any such work performed. The Contractor shall indemnify and hold harmless the 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. Section 4. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. a). Fiberoptic 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. Contactor shall telephone the Railroad at 1-800-336-9193 to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the Contractor. If it is, Contractor will telephone the telecommunications company(ies) involved, arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, all at Contractor's expense, and will commence no work on the right of way until all such protection or relocation has been accomplished. b). In addition to other indemnity provisions in this Agreement, the Contactor shall indemnify end hold the Railroad harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and f the Contractor, its contractor, agents and/or employees,expenses) out any any act 1 omission o that causes or contributes to (1) any damage to or destruction of say telaeomrm*•+irA++nns 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 5. COMPLIANCE WITH LAWS. In the prosecution of the work covered by this agreement, the Contractor shall secure any and all rosary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work. The Contractor shall use only such methods as are consistent with safety, both as concerns the Contractor, the Contractor's agents and employees, the officers, agents, employees and property of the Railroad and the public in general. The Contractor (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 property. If any failure by the Contractor to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being AecmaA, imposed or charged against the Railroad, the Contractor shall reimburse and indemnify the Railroad for penalty, cost, or charge, including without limitation attorneys' fees, court costs andThe Contractor furtherany such fine, action, upon notice thereofprovided bythe Railroad,freeof expenses.in the event of any such being to defend such action free of cost, charge, or expense to the Railroad. Page 1 of Exhibit B FFX & E ROE 990701 Approved, AVP-law Section 6. SAFETY INSTRUCTIONS. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work pursuant to this agreement As reinforcement and in furtherance of overall safety measures to be observed by the Contractor (and not by way of limitation), the following special safety rules shall be followed: a). The 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. The Contractor shall have proper first aid supplies available on the job site so that prompt first aid services can be provided to any person that may be injured on the job site. The Contractor shall promptly notify the Railroad of any U.S. Occupational Safety and Health Administration reportable injuries occurring to any person that may arise during the work performed on the job site. The Contractor shall have a non -delegable duty to control its employees, while they are on the job site or any other property of the Railroad to be certain they do not use, be under the influence o1; or have in their possession any alcoholic beverage, drug, narcotic or other substance that may inhibit the safe performance of work by the employee.. b). The employees of the Contractor shall be suitably dressed to perform their duties safely and in a manner that will not interfere with their vision, hearing or free use of their hands or feet Only waist length shirts with sleeves and trousers that cover the entire leg are to be worn. If flare -legged trousers are worn, the trouser bottoms must be lied to prevent catching - The employees should wear sturdy and protective work boots andat least the following protective equipment; • (1) Protective head gear that meets American National Standard-Z89.1-latest revision. 'It is suggested that all hardhats be affixed with Contractor's or subcontractor's company logo or name. (2) Eye protection that meets American National Standard for occupational and . educational eye and face protection, Z87.1-latest revision. Additional eye protection must be provided to meet specific job situations such as welding, grinding, burning, etc.; and (3) ' Hearing protection which affords enough attenuation to give protection from noise levels that will be occurring on the job site. c). All heavy equipment provided or leased by the Contractor shall be equipped with audible back-up warning devices. If in the opinion of the Railroad Representative any of Contractor's or any of its subcontractor's equipment is unsafe for use on the Railroad's right-of-way, the Contractor, at the request of the Railroad Representative, shall remove such equipment from the Railroad's right-of-way. Section 7. INDEMNITY. a). As used in this Section, "Railroad" includes other railroad companies using the Railroad's property at or near the location of the Contractor's installation and their officers, agents, and employees; 'Loss" includes loss, damage, claims, demands, actions, causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from: (a) injury to or death of persons whomsoever (including the Railroad's officers, agents, and employees, the Contractor's officers, agents, and employees, as well as any other person); and/or (b) damage to or loss or destruction of property whatsoever (including Contractor's property, damage to the roadbed, tracks, 'equipment, or other property of the Railroad, or property in its care or custody). • b). As a major inducement and in consideration of the license and permission herein granted, the Contractor agrees to indemnify and hold harmless the Railroad from any Loss which is due to or arises from any cause and is associated in whole or in part with the work performed under this agreement, a breach of the agreement or the failure to observe the health and safety provisions herein, or any activity, omission or negligence arising out of performance or nonperformance of this agreement However, the Contractor shall not indemnify the Railroad when the Loss is caused by the sole negligence of the Railroad. c). The Contractor shall maintain whatever insurance coverage is neePcsary to adequately underwrite its general and contractual liability under the terms of this Agreement. Section 8. RESTORATION OF PROPERTY. In the event the Railroad authorizes the Contractor to take down any fence of the Railroad or in any manner move or disturb any of the other property of the Railroad in connection with the work to be performed by Contractor, then in that event the 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. Page 2 of Exhibit • UTILITIES X & E ROE 990701 'Pl m Approved, AVP-Law Section 9. WAIVER OF BREACIi The waiver by the Railroad of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by the Contractor shall in no way impair the right of the Railroad to avail itself of any remedy for any subsequent breach thereoL Section 10. ASSIGNMENT- SUBCONTRACTING. The Contractor cha11 not assign, sublet or subcontract this agreement, or any interest therein, without the written consent of the Railroad and any attempt to so assign, sublet or subcontract without the written consent of the Railroad shall be void. If the Railroad gives the Contractor permission to subcontract all or any portion of the work herein described, the Contractor is and shall remain responsible for all work of subcontractors and all work of subcontractors shall be governed by the terms of this agreement. Page 3 of 4 Exhibit B ROE INS 940203 RR Protective ins. Form Appmved, AVP-Law EXHIBIT B-1 Right of Entry Agreement Utilities Insurance Requirements a). Contractor shall at its own sole cost and expense, procure the following kinds of insurance and promptly premiums for that insurance_ The following insurance shall be kept in farce during the life of this P P t pay when due Agreement: • H. General Public Li ability insurance Providing bodily injury, including death, with a combined single limit of at least $I,000,000 eachcPeatinPayral ash'd�rnagecot l ac S2.000.000. This insurance shall provide Broad Form Contractualal Liability co ge aim and ' ag9regate tuna of in thi Agreement, Underground Lard, Products -Completed Operations with indemnity Pinions containedino the $2000,000, a separate general �'Ddu�Pleted operation aggregate of at lees: aggregate for the project (ISO Form CG 25 03 or equivalent), Broad Form Property Darn severability of interests and name Railroad as as additional insured with respect to all liabilities arising Damage obligation to Railroad in the Agreement. Coverage purchased on a'claims made form Shall out three 3) yea extended reporting or dis�very period if- (a) the coverage is changed Provforfor aaeast a three (3) yen (b) therein a lapse%ancellation of come � �Om a claims.made form to an occurrence fang expiringpolicy rage or (3) the succeeding claims made policy retroactive date is 'different from the 2). Automobile Public Liability insurance providing bodily injury $1, 000,000 each occurrence or claim. This insurances provand property damage with a combined single limit of at least • or equivalent covering all motor vehicles including hired and non-ownde ed, mbicontractual equipment liability by endorsement ISO Form CA 00 25 from general liability.: ed mobile to the extent it ty. Agreement. , tional ' maY1ed: insurance, severabili of interests and name Railroad as an addi insured with respect to all liabilitiesarisiiig out of Conttracor's obligation to Railroad in the 3). Worker's Compensation insurance•covering the statutoryliability as determined by the affected by this Agreement and Employers' liability. Also compliance with all. laws of statesWhich requiret'en laws of the states) state workers' compensation fund. Paciipatierl in their 4). Railroad Protective Liability insurance naming Railroad and any railroad operating a combined single limit of $2000,000 per occurrence with a $6,000,000 Perrstiay over its tracks as insured with h broad form' coverage for Physical Damage to Property � aggregate. The policy form shall be AAR ,t�F�O �� pe (ISO Form GI.00 30) or as revised ISO-RIMA (FOrm CG 0035) and include pollution arising out of fuels. and lubricants brought to the job site (ISO Form CG 26 31 or London policy form is used limits shall be S3,000,000 per occurrence with a $9, equivalent). Extended � the Lloyds Made Date shall be determined by adding the length�0•� a9gregcste and the Extended Claims of the original policy period plus one year to the policy cy expiration date. b)_ The Contractor hereby waives its right to subrogation, as respects the poryments made to or on behalf of employees aboveinsurancetsow policyase property Railroad for un der its care, custodyp oyees of Contractor or its agents and for loss of its owned or leased and control while on or near Railroad's right-of-way or. other real property.' Contractor's Pe�ur�ep�' be primary with respect to any insurance carried by Railroad.shall c). .Contractor shall it tsh to Ro limit certificate(s) of insurance evidencingthe rcoverage I . request a certified duplicate original of any of those policies. The insurace comp CO uing and endorsement(s) policy ent(s) and upon Railroad in writing of any material alteration including any change in the retroactive date in any clams made) shall es or substantial reduction of aggregate limits, if such limits apply, or cancellation thereof at least thirty (30) d policies or d). The insurance li ays Prior thereto. po cy(ies) shall be written by a reputable insurance company or con current Best's Insurance Guide Rating of B and Class VII or better. Such insurance comes acceptable to prized to transact or with r business in the states) affected by this Agreement.Parry shall be authorized to Iran a a G: \SHAREUNS URANCICROEMSY.EXB Page 4 of 4 Exhibit B-t CITY OF FONTANA 8353 SIERRA AVENUE FONTANA, CALIFORNIA 92335-3598 : . .. . PROGRAM ACCOUNTING .ponci-i;ORDE. ....'..,.....:iNiV.016ENUIVIBR:::::::::.:,•• , .....::::.:•:Annotiiki-r.,:,' /.'c...,':,'..H..::A,-.:...,:::. -:,.Y.::.,.:::::,.:....:;....,..:.:',.r:H::,....:;.::.\:::',DESCRIPTION:.....".:' :-.:.........:.‘• ....;:... .:...,", 0-6017'5717 !!,-.. ,.,) • ' :R,Ci S..1" H r29 `r.' 71::,0 3,,,C.:,i4.0.-".i :,i,LOV'iR AV. .PIP5LINE . . • 1144Z2 UNION PACIHC LiC , ' . , ' • •, CITY OF FONTANA 8353 SIERRA AVENUE FONTANA, CALIFORNIA 92335-3598 . • , • • , , • • ' , , I „•., a , . I I • 1 • s-sevino 08052E3 • - • CHECK.. DATE • 41/4"n n 1‘./ .17'.. ) MOUNT '..ifielk•**'3,1.404 .00** PAY 3.,**4, • , • THE * ',;111/. AJNIuN pAciFc:1,4,•,•-,,iiti,.. . . , :,..., , 4. ..,.. ' , .,.,,,k.. ••,4 ' ....••: ' ' '' ' ' ;1•• S, ,--,...• .,,';`,1., : , ,.,:. , :,„,,,,,, , it 100 iHk.kilAll-, sT,4,,::.,,I., ,.. -.... ,i01'1AHA., ,k6' 6i3-102.--':',,, ''':''' :: - '''' BANK OF44iVIERICA ' -Fontana, California . qioao s'2alls .:): 1.,22C;10(3661,1:,,,0,2111, 20,180 24911 9(4),110,1, 90,DAYS , (909) 881-2910 1372 W. 26th Street. San Bernardino, California 92405 FAX (909) 881-5761 • State Lic. # 452949 TO - E iO 17"c/f-k LE1T•a CDT ITMKSRIFITTM DATE SD ' ( S - lc U JO a. - S I - Li c ATTENTION 0014 GI V U LAN RE Gout TEA GZ DoGcu NA E.i4TS WE ARE SENDING YOU ❑ Attached 0 Under separate cover via O Shop drawings ❑ Copy of letter ❑ Prints ❑ Change order the following items: ❑ Plans 0 Samples 0 Specifications ❑ 014112-p c,-r D C:IJ 1set S COPIES DATE NO. DESCRIPTION 3 iO-iQ-co Q.tCtc-1- Dk5 cal- 1 N-cte,e.c&ce.-A 6LI(-0../.1 i'it.CARL Z,.i.,. . THESE ARE TRANSMITTED as checked below: O For approval 0 Approved as submitted ❑ FF r your use 0 Approved as noted P1 As requested ❑ Returned for corrections ❑ For review and comment 0 O FOR BIDS DUE ❑ Resubmit O Submit ❑ Return cop es for approval copies for distribution corrected prints 19 0 PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO SIGNED: If enclosures are not as noted, kindly notify us at once. R. D. Uhrich Assistant Vice President J. A. Anthony Director -Contracts D. D. Brown Director -Real Estate M. W. Casey General Director -Special Properties J. P. Gade Director -Facility Management To the Contractor: • • • UNION PACIFIC RAILROAD COMPANY Real Estate Department 1800 Farnam Street Omaha, Nebraska 68102 Fax: (402) 997-3601 August 29, 2000 Folder No: 1901-90 J. L. Hawkins Director -Operations Support M. E. Heenan Director -Administration & Budgets D. H. Lightwine Director -Real Estate T. K. Love Director -Real Estate Before the Railroad Company can permit you to perform work on its right of way for the installation of pipeline crossing for CITY OF FONTANA, it will be necessary to complete the enclosed Contractor's Right of Entry Agreement as follows: 1. Fill in the complete legal name of the contractor in the space provided on Page 1 of the Contractor's Right of Entry Agreement. If a corporation, give the state of incorporation. If a partnership, give the names of all partners. 2. Fill in the date construction will begin and be completed in Article VI, Paragraph A. 3. Fill in the name of the contractor in the space provided in the signature block at the end of. the Contractor's Right of Entry Agreement. If the contractor is a corporation, the person signing on its behalf must be an elected corporate officer. 4. Return all copies of the Contractor's Right of Entry Agreement, together with your Certificate of Insurance, identifying Folder No. 1901-90, as required in Exhibit B-1, in the attached self- addressed envelope. 5. Check, with Folder No. 1901-90' written on the front, made payable to the Union Pacific Railroad Company in the amount of FIVE HUNDRED DOLLARS ($500.00). ! If you require formal billing, you may consider this letter as a formal bill. In compliance with the Internal Revenue Service's new policy regarding their Form 1099, I certify that 94-6001323 is the Railroad Company's correct Federal Taxpayer Identification Number and that Union Pacific Railroad Company is doing business as a corporation. Under Exhibit B-1 of the enclosed Contractor's Right of Entry Agreement, you are required to procure Railroad Protective Liability Insurance (RPLI) for the duration of this project. In addition to your Certificate of Insurance form, you will need to provide an Insurance Binder, or an original of the policy, that designates the specific RPLI coverage. As a service to you, Union Pacific is making this coverage available to you at the rate specified on the attached Insurance Application Form. You are not required to purchase this coverage from the Railroad and are encouraged to shop the market for the best available rate. If you decide, however, • • that acquiring this coverage from the Railroad is of benefit to you, simply complete the form and follow the instructions at the bottom. After approval of the Contractor's Right of Entry Agreement and the Insurance Certificate, your fully -executed document will be returned to you, with instructions to proceed. In no event should you begin work until you have received a copy of the signed Contractor's Right of Entry Agreement. If you have any questions, please contact me at (402) 997-3553. Yours truly, Mary Hauschild Manager Contracts R. D. Uhrich Assistant Vice President J. A. Anthony Director -Contracts D. D. Brown Director -Real Estate M. W. Casey General Director -Special Properties J. P. Gade Director -Facility Management GREGORY BUCKNELL CITY OF FONTANA 8353 SIERRRA AVENUE FONTANA, CA 92335 UNION PACIFIC RAILROAD COMPANY Real Estate Department 1800 Farnarn Street Omaha, Nebraska 68102 Fax: (402) 997-3601 August 29, 2000 Folder No. 1901-90 J. L. Hawkins Director -Operations Support M. E. Heenan Director -Administration & Budgets D. H. Lightwine Director -Real Estate T. K. Love Director -Real Estate VENDOR It P.0.1 QR. # MEWL COMPLETE AMT. $ ACCT. # APPROVAL: r REVEW o -es-oC 4ec 4,7-13 Re: Proposed Underground 15-inch sewer Pipeline Crossing of Railroad Property at Mile Post 529.80 on the Alhambra Subdivision — Declezville S ur t or near. Fontana,�San Bernardino County, California --^ 4' (yet ,/�I en' tr 6 6 t nt'Ces/`'e . J Neill/cc /cc Dear Mr. Bucknell: Attached are duplicate originals of an agreement covering your use of the Railroad Company's right of way. Please RETURN ALL COPIES of the document for execution on behalf of the Railroad Company in the enclosed self-addressed envelope. Your copy of the fully -executed document will be returned to you, if approved by the Railroad Company. Also, please provide a resolution or other authorization for the party executing the documents, and Insurance • Certificates, if required by the agreement. Also attached is Contractor's Right of Entry Agreement which must be executed and returned in accordance with the attached agreement, if work is to be performed by a contractor. Payment in the amount of Three Thousand Six Hundred Four Dollars ($3,604.00) is due and payable upon your execution of the agreement. Please include your check, with Folder No. 1901-90 written on the front, made payable to Union Pacific Railroad Company, with the return of the documents. This agreement will not be accepted by the Railroad Company until the initial payment is received and all Insurance Certificates are in proper form, if required by the agreement If you require formal billing, you may consider this letter as a formal bill. In compliance with the Internal Revenue Service's policy regarding Form 1099, I certify that 94-6001323 is the Railroad Company's correct Federal Taxpayer Identification Number and that Union Pacific Railroad Company is doing business as a corporation. • If we have not received the executed documents within six months from the date of this this proposed offer of an agreement is withdrawn and becomes null and void. letter, • • We are continually trying to do a better job for our customers. In an effort to do this, we would like to know what we did right. If there were any areas where you felt that our performance could improve, we would like to hear that also. In this regard, enclosed is a survey form that we would appreciate you completing and returning to us at your earliest convenience. If you have any questions, please contact me at (402) 997-3553. Yours truly, krthektao Mary schild Manager Contracts R. D. Uhrich Assistant Vice President J. A. Anthony Director -Contracts D. D. Brown Director -Real Estate M. W. Casey General Director -Special Properties J. P. Gade Director -Facility Management GREGORY BUCKNELL CITY OF FONTANA 8353 SIERRRA AVENUE FONTANA, CA 92335 • UNION PACIFIC RAILROAD COMPANY Real Estate Department 1800 Farnam Street Omaha, Nebraska 68102 Fax: (402) 997-3601 November 7, 2000 Folder No. 1901-90 J. L. Hawkins Director -Operations Support M. E. Heenan Director -Administration & Budgets D. H. Lightwine Director -Real Estate T. K. Love Director -Real Estate Re: Proposed Underground 15-inch sewer Pipeline Crossing of Railroad Property at Mile Post 529.80 on the Alhambra Subdivision at or near Fontana, San Bernardino County, California Dear Mr. Bucknell: Attached are your original copies of our Agreements, fully executed on behalf of the Railroad Company. When you or your representative enter the Railroad Company's property, a copy of this fully - executed document must be available at the site to be shown on request to any Railroad employee or official. In accordance with the terms of the Agreement, you are required to notify the following Railroad Company's Manager of Track Maintenance and the Fiber Optics Hot Line at least 10 days in advance of the date you plan on entering the right of way for further instructions and approval to commence construction. Richard (Rusty) E. Belmore, Jr. Manager Track Maintenance Union Pacific Railroad Company 2015 South Willow Street Bloomington, California 92316 Phone: 909-879-6188 Fax: (909) 879-6085 Cell: (909) 645-2660 Fiber Optics Hot Line: 1-800-336-9193 As an additional note, the casing and carrier pipe must be placed a minimum of two (2) feet below any existing fiber optic cable. Any open excavation required within five (5) feet of the fiber optic cable must be dug by hand. All future insurance notices, if insurance is required by the Agreement, should be forwarded to: Real Estate Department Folder No: 1901-90 Union Pacific Railroad Company 1800 Farnam Street Omaha, NE 68102 If you have any questions, please contact me at (402) 997-3553. Yours truly, Mary1 e 49 auschild Manager Contracts • UNION PACIFIC RAILROAD COMPANY ` Bob N. Prince Manager Public Projects 909-879-6611 Fax 909-879-6289 19100 Slover Avenue Bloomington,CA 92316 February 22,2001 Mr. Steven Handelman, P.E. Utilities Engineer California Public Utilities Commission 320 West 4th Street, Suite 500 Los Angeles, CA 90013 Dear Mr. Handelman: File: Crossing, Public CA: Fontana Slover Avenue 530.0 Declezville DOT 746 976J Refer to your letter of January 30, 2001, File No. 183/36/BBB-530.00, in connection with the City of Fontana's request to install a temporary widening at the above crossing. We object to the request. In our opinion this will present an unsafe condition for our crews and the motoring public. Manager Industry & Public Projects CC: Mr. Gregory J. Bucknell - Fontana PL X 940206 Form Approved, AVP-Law • p/ AUDIT��A /ri� Folder No: 1901-90 PIPELINE CROSSING AGREEMENT Mile Post: 529.80, Alhambra Subdivision — Delezville Spur Location: Fontana, San Bernardino County, California THIS AGREEMENT is made and entered into as of August 24, 2000, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the "Licensor"), and CITY OF FONTANA, a California municipal corporation, whose address is 8353 Sierrra Avenue, Fontana, California 92335 (hereinafter the "Licensee"). IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Article I. LICENSE FEE Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time license fee of THREE THOUSAND SIX HUNDRED FOUR DOLLARS ($3,604.00). Article II. LICENSOR GRANTS RIGHT. In consideration of the License Fee to be paid by the Licensee and in further consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and performed, the Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to maintain and operate only a underground 15-inch sewer pipeline crossing (hereinafter the "Pipeline") in the location shown and in conformity with the dimensions and specifications indicated on the attached print dated July 24, 2000, marked Exhibit A. Under no circumstances shall Licensee modify the use of the Pipeline for a purpose other than the above -mentioned, and said Pipeline shall not be used for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement. Article HI. CONSTRUCTION, MAINTENANCE AND OPERATION. The grant of right herein made to the Licensee is subject to each and all of the terms, provisions, conditions, limitations and covenants set forth herein and in Exhibit B, hereto attached. Article IV. IF WORK IS TO BE PERFORMED BY CONTRACTOR. If a contractor is to do any of the work performed on the Pipeline (including initial construction and subsequent relocation or substantial maintenance and repair work), then the Licensee shall require its • • contractor to execute the Railroad's form Contractor's Right of Entry Agreement. Licensee acknowledges receipt of a copy of the Contractor's Right of Entry Agreement and understanding of its terms, provisions, and requirements, and will inform its contractor of the need to execute the Agreement. Under no circumstances will Licensee's contractor be allowed onto Licensor's premises without first executing the Contractor's Right of Entry Agreement. Article V. INSURANCE. A. The Licensee, at its expense, shall obtain the insurance described in Exhibit B-1, hereto attached. The Licensee will also provide to the Licensor a Certificate of Insurance, identifying Folder No. 1901-90, issued by its insurance carrier confirming the existence of such insurance and that the policy or policies contain the following endorsement: UNION PACIFIC RAILROAD COMPANY is named as an additional insured with respect to all liabilities arising out of the existence, use or any work performed on or associated with the pipeline crossing located on Railroad right of way at Mile Post 529.80 at or near Fontana, San Bernardino County, California. B. If the Licensee named in this Agreement is a public entity subject to any applicable statutory tort laws, the limits of insurance described in Exhibit B-1 shall be the limits the Licensee then has in effect or which is required by applicable current or subsequent law, whichever is greater, a portion of which may be self -insured with the consent and approval of the Licensor C. All insurance correspondence shall be directed to: Folder No. 1901-90, Union Pacific Railroad Company, Real Estate Department, 1800 Farnam Street, Omaha, NE 68102. Article VI. TERM. This Agreement shall take effect as of the date first herein written and shall continue in ful and effect until terminated as herein provided. Article VII. SPECIAL PROVISIONS -- NONE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as the date first herein written. force of UNION PACIFIC RAILROAD COMPANY By: /97' © /G%� �%'� 'r' Manager Contracts CITY OF FONTANA K'2 /-lurc-fr ',PLACE ARROW INDICATING NORTH DIFCTION RELATIVE_TO CROSSING OP 4'6G gip= 4. 43 �4w`� 0 �4,/ • . vw �_``,c� NO SCALE .kv% 4 Q .4, .- 4 .�`' oi'4 1056 FT. �c;.4o M 24 FT.— o� era FONTANA (NEAREST R.R. 1 AUDIT ENCASED NON -FILM MAIBLE PIPELINE CROSSING NOTE: ALL AVAILABLE DIMENSIONS MUST BE FILLED IN TO PROCESS THIS APPLICATION. L 2 K O. O: W RR'S RtW � tMAIN TRACK • Stover Ave. (DESCRIBE FIXED OBJECT) (SEE NOTE 6) (DISTANCE ALONG TRACK FROM SECTION LINE CROSSING) 24 FT FORM DR- 0404- B REV. 5-15-98 RR' S P./W . < 4224 FT. 0 FT, {SEE NOTE 3 6 5) LA. 90 00 ' 00 ( ANGLE OF CROSSING) 47 J (NOTE: THIS DIMENSION REQUIRED IN ALL CASES. AT LOCATIONS NOT USING SECTIONS. DISTANCE TO A LEGAL SURVEY LINE IS REQUIRED) 50 FT SEAL CASING / / } / MIN. DIST (See Note 2) 14.5 FT. D O ,1� i 1 I f Switch No. 760 (DESCRIBE FIXED OBJECT) (SEE NOTE 5) 50 FT �SUBGRADE ROADBED 11 FT. (4.5 FT MIN.) (20 F1'.II MAX.) CASING PIPET (Soo Note 4) To FONTANA ( NEARESTR. R. TOWN) GROUND SURFACE - 11FT. (3 FT. MN\) SEAL CASING 1 CARRIER PIPE I( 65 FT N• Q II s NOTES : (CASING LENG H WHEN M."SURED ALONG PIPELINE.) I) ALL HORIZONTAL' DISTANCES TO 9E MEASURED AT RIGHT ANGLES FR Q RACK. 21 CASING TO EXTEND BEYOND -THE 5. OF TRACK AT RIGHT ANGLES THE CR ATER OF 20 • 20 FT.. OR 30 FT., AND BEYGN0 L1Mit OF RAILROAD RICHT-OF-WAY IF NECESSARY TO PROVIDE PROPER LENGTH OUTSIDE OF TRACK. 31 MINIMUM OF 50' FROM THE END OF ANY'RAILROAD'BRIDGE, '4. of ANY CULVERT, OR FROM ANY SWITCHING AREA, 4) SIGNAL REPRESENTATIVE MUST BE PRESENT DURING INSTALLATION IF RAILROAD SIGNALS ARE IN 1HE VICINITY OF CROSSING.' 5) ALLOWAB4E FIXED OBJECTS INCLUDE:.BACKWALLS OF BRIDGES; .1 OF ROAD CROSSINGS 6 OVERHEAD VIADUCTS (GIVE ROAD NAME), OR CULVERTS. 6) CASING AND CARRIER PIPE MUST B'E PLACED A MINIMUM OF 2 FEET BELOW THE EXISTING FIBER OPTIC CABLE. ANY EXCAVATION REQUIRED WITHIN 5 FEET OF THE 'EXISTING FIBER OPTIC CABLE MUST 8E HAND DUG. STEEL CASING WALL THICKNESS CHART MINIMUM DIAMETER OF THICKNESS CASING PIPE .2500" .3125 . 3750" .4375" . 5000" . 5625" .62507 1/4" 5/16" 3/8" 7/16" 1 /2" 9/16" 5/8" 12" OR LESS OVER 12"-18" OVER 18"-22" OVER 22"-28" OVER 28"- 34" OVER 34"-42" OVER 42"-48" OVER 48" MUST BE APPROVED BY R.R. CO. NOTE:' THIS CHART IS ONLY FOR SMOOTH STEEL CASING PIPES WITH MINIMUM YIELD STRENGTH OF 35,000 PSI FORMULA TO FIGURE CASING LENGTH WITH ANGLE OF CROSSII))G OTHER THAN 900 LA SIN B `Ta. M!N.DIST. (NOTE 2) A) Bl D) C) E1 F) G) H) I) 15 PIPELINE CROSSING WITHIN DEDICATED STREET ? X YES; NO; IF YES, NAME OF STREET SLOVER AVENUE DISTRIBUTION LINE • OR TRANSMISSION LINE XX CARRIER .PIPE z COMMODITY TO BE CONVEYED BY GRAVITY OPERATING PRESSURE 0.0 PS] WALL THICKNESS 1-5/8" ;DIAMETER 15" ID MATERIAL VCP CASING PIPE; : WALL. THICKNESS 9/16" ;DIAMETER 36" ;MATERIAL STEEL NOTE :CASING MUST HAVE 2" CLEARANCE BETWEEN GREATEST OUTSIDE DIAMETER, OF CARRIER PIPE AND INTERIOR DIAMETER OF CASING PIPE. WHEN FURNISHING DIMENSIONS, GIVE OUTSIDE OF CARRIER PIPE AND INSIDE OF CASING PIPE. METHOD OF INSTALLING CASING PIPE UNDER TRACK(S): XX DRY BORE AND JACK (WET BORE NOT PERMITTED) ; TUNNEL ; OTHER WILL CONSTRUCTION. BE BY AN OUTSIDE CONTRACTOR? X YES; NO; DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BORING AND JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK 0'. APPLICANT HAS CONTACTED )-BOO- 336- 91 93, BILL (30' MIN.) U. P. COMMUNICATION DEPARTMENT, AND HAS DETERMINED FIBER OPTIC CABLE DOES ; X DOES NOT ;• EXIST IN VICINITY OF WORK TO BE PERFORMED . TICKET NO. 19991115035 EXHIBIT "A" (TOR RAILROAD USE ONLY' UNION PACIFIC RAILROAD CO. ,/f l //,9, 6, 4 JUG- ,D¢clez' MO SAWA I SUIBUV)4IONI M. P-C-c?"� et) E. S. ENCASED PAL CROSSING AT Sour,/ / MI rA ,4 ,5:44/ Ref fi 61/6 CA •tNEARE5T C1771 ICOUN:YI RR FILE NO J 00/-7c DATE r WARNING 1N ALL OCCASIONS,IU. P. COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE. PHONE I I-800-336-91931. PL X 980112 Fcnn pproved, AVP-Law • • =EB Section 1. 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 Licensor to use and maintain its entire property including the right and power of the Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, 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 the Licensor without liability to the Licensee or to any other party for compensation or damages. b) The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of the Licensor's property, and others) and the right of the Licensor to renew and extend the some, and is made without covenant of title or for quiet enjoyment. Section 2. CONSTRUCTION. MAINTENANCE AND OPERATION. a) The Pipeline shall be constructed, operated, maintained repaired, renewed, modified and/or reconstructed by the Licensee in strict conformity with Union Pacific Railroad Co. Common Standard Specification 1029 adopted November 1949, and all amendments thereof and supplements thereto, which by this reference is hereby made a part hereof, except as may be modified and approved by the Licensor's Vice President -Engineering Services. In the event such Specification conflicts in any respect with the requirements of any federal, state or municipal law or regulation, such requirements shall govern on all points of conflict, but in all other respects the Specification shall apply. b) All work performed on property of the Licensor in connection with the construction, maintenance, repair, renewal. modification or reconstruction of the Pipeline shall be done to the satisfaction of the Licensor. c) Prior to the commencement of any work in connection with the construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline where it passes underneath the roadbed and track or tracks of the Licensor, the Licensee shall submit to the Licensor plans setting out the method and manner of handling the work including the shoring and cribbing, if any, required to protect the Licensor's operations, and shall not proceed with the work until such plans have been approved by the Vice President -Engineering Services of the Licensor and then the work shall be done to the satisfaction of the Vice President -Engineering Services or his authorized representative. The Licensor shall have the right, if it so elects, to provide such support as it may deem necessary for the safety of its track or tracks during the time of construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline, and, in the event the Licensor provides such support, the Licensee shall pay to the Licensor, within fifteen (15) days after bills shall have been rendered therefor, all expense incurred by the Licensor in connection therewith, which expense shall include all assignable costs. d) The Licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the grade even with the adjacent surface of the ground. Section 3. NOTICE OF COMMENCEMENT OF WORK. If an emergency should arise requiring immediate attention, the Licensee shall provide as much notice as practicable to Licensor before commencing any work. In all other situations, the Licensee shall notify the Licensor at least ten (10) days (or such other time as the Licensor may allow) in advance of the commencement of any work upon property of the Licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline. All such work shall be prosecuted diligently to completion. Section 4. LICENSEE TO BEAR ENTIRE EXPENSE. The Licensee shall bear the entire cost and expense incurred in connection with the construction, maintenance, repair and renewal and any and all modification, revision, relocation, removal or reconstruction of the Pipeline, including any and all expense which may be incurred by the Licensor in connection therewith for supervision, inspection, flagging, or otherwise. pl,exb Page 1 of 4 Exhibit B PLX 980112 ' • • Fenn proved. AVP-Law Section 5. REINFORCEMENT. RELOCATION OR REMOVAL OF PIPELINE. a) The license herein granted is subject to the needs and requirements of the Licensor in the operation of its railroad and in the improvement and use of its property, and the Licensee shall, at the sole expense of the Licensee, reinforce the Pipeline, or move all or any portion of the Pipeline to such new location as the Licensor may designate, whenever, in the furtherance of its needs and requirements, the Licensor shall find such action necessary or desirable. b) All the terms, conditions and stipulations herein expressed with reference to the Pipeline on property of the Licensor in the location hereinbefore described shall, so far as the Pipeline remains on the property, apply to the Pipeline as modified, changed or relocated within the contemplation of this section. Section 6. 140 INTERFERENCE WITH LICENSOR'S OPERATION. The Pipeline and all parts thereof within and outside of the limits of the property of the Licensor shall be constructed and, at all times, maintained, repaired, renewed and operated in such manner as to cause no interference whatsoever with the constant, continuous and uninterrupted use of the tracks, property and facilities of the Licensor, and nothing shall be done or suffered to be done by the Licensee at any time that would in any manner impair the safety thereof. Section 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. a) Fiber optic cable systems may be buried on the Licensor'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. licensee shall telephone the Licensor at 1-800-336-9193 (a 24-hour number) to determine if fiber optic cable is buried anywhere on the Licensor's premises to be used by the Licensee. If it is, Licensee will telephone the telecommunications company(ies) involved, arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, all at Licensee's expense, and will commence no work on the right of way until all such protection or relocation has been accomplished. Licensee shall indemnify and hold the Licensor harmless from and against all costs, liability and expense whatsoever (including, without limitation. attorneys' fees, court costs and expenses) arising out of or caused in any way by Licensee's failure to comply with the provisions of this paragraph. b) In addition to other indemnity provisions in this Agreement, the Licensee shall indemnify and hold the Licensor harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and expenses) caused by the negligence of the Licensee, its contractor, agents and/or employees, resulting in (1) any damage to or destruction of any telecommunications system on Licensor'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 Licensor's property, except if such costs, liability or expenses are caused solely by the direct active negligence of the Licensor. Licensee further agrees that it shall not have or seek recourse against Licensor 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 Licensor's property or a customer or user of services of the fiber optic cable on Licensor's property. Section 8. CLAIMS AND LIENS TOR LABOR AND MATERIAL: TAXES. a) The Licensee shall fully pay for all materials joined or affixed to and labor performed upon property of the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline, and shall not permit or suffer any mechanic's or materialman's lien of any kind or nature to be enforced against the property for any work done or materials furnished thereon at the instance or request or on behalf of the Licensee. The Licensee shall indemnify and hold harmless the Licensor against and from any and all liens, claims, demands, costs and expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. b) The Licensee shall promptly or discharge all taxes, charges and assessments levied P P Y pay � hang upon.' in respect to, or on account of the Pipeline, to prevent the same from becoming a charge or lien upon property of the Licensor, and so that the taxes, charges and assessments levied upon or in respect to such property shall not be increased because of the location, construction or maintenance of the Pipeline or any improvement, appliance or fixture connected therewith placed upon such property, or on account of the Licensee's interest therein. Where such tax, charge or assessment may not be separately made or assessed to the licensee but shall be included in the assessment of the property of the Licensor, then the Licensee shall pay to the Licensor an equitable proportion of such taxes determined by the value of the Licensee's property upon property of the Licensor as compared with the entire value of such property. ptx.e th Page 2 of 4 Exhibit B PLX980112 Form Approved, AVP-Law • Section 9. RESTORATION OF LICENSOR'S PROPERTY. In the event the Licensor authorizes the Licensee to take down any fence of the Licensor or in any manner move or disturb any of the other property of the Licensor in connection with the construction, maintenance, repair, renewal. modification, reconstruction, relocation or removal of the Pipeline, then in that event the Licensee shall, as soon as possible and at Licensee'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 and the Licensee shall indemnify and hold harmless the Licensor, its officers, agents and employees, against and from any and all liability, loss, damages, claims, demands, costs and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from injury to or death of persons whomsoever, or damage to or loss or destruction of property whatsoever, when such injury, death, damage, loss or destruction grows out of or arises from the taking down of any fence or the moving or disturbance of any other property of the Licensor. Section 10. =ELM= a) As used in this Section, 'Licensor' includes other railroad companies using the Licensoe's property at or near the location of the Licensee's installation and their officers, agents, and employees; 'Loss° includes loss, damage, claims, demands, actions, causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from: a) injury to or death of persons whomsoever (including the Licensoe's officers, agents, and employees, the Licensee's officers, agents, and employees, as well as any other person); and/or b) damage to or loss or destruction of property whatsoever (including Licensee's property, damage to the roadbed, tracks, equipment, or other property of the Licensor, or property in its care or custody). b) As a major inducement and in consideration of the license and permission herein granted, the Licensee agrees to indemnify and hold harmless the Licensor from any Loss which is due to or arises from: 1. The prosecution of any work contemplated by this Agreement including the installation, construction, maintenance, repair, renewal, modffication, reconstruction, relocation, or removal of the Pipeline or any part thereof; or 2. The presence, operation, or use of the Pipeline or contents escaping therefrom. except to the extent that the Loss is caused by the sole and direct negligence of the Licensor. Section 11. REMOVAL OF PIPE LINE UPON TERMINATION OF AGREEMENT. Prior to the termination of this Agreement howsoever, the Licensee shall, at Licensee's sole expense, remove the Pipeline from those portions of the property not occupied by the roadbed and track or tracks of the Licensor and shall restore, to the satisfaction of the Licensor, such portions of such property to as good a condition as they were in at the time of the construction of the Pipeline. If the Licensee fails to do the foregoing, the Licensor may do such work of removal and restoration at the cost and expense of the Licensee. The Licensor may, at its option, upon such termination, at the entire cost and expense of the Licensee, remove the portions of the Pipeline located underneath its roadbed and track or tracks and restore such roadbed to as good a condition as it was in at the time of the construction of the Pipeline, or it may perrnit the Licensee to do such work of removal and restoration to the satisfaction of the Licensor. In the event of the removal by the Licensor of the property of the Licensee and of the restoration of the roadbed and property as herein provided the Licensor shall in no manner be liable to the Licensee for any damage sustained by the Licensee for or on account thereof, and such removal and restoration shall in no manner prejudice or impair any right of action for damages, or otherwise, that the Licensor may have against the Licensee. Section 12. WAIVER OF BREACIi. The waiver by the Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by the Licensee shall in no way impair the right of the Licensor to avail itself of any remedy for any subsequent breach thereof. plxexb Page 3 of 4 Fadubit B Pl. X980112 Famepproved, AVP-Law Section 13. TERMINATION. a) If the licensee does not use the right herein granted or the Pipeline for one (1) year, or if the licensee continues in default in the performance of any covenant or agreement herein contained for a period of thirty (30) days after written notice from the Licensor to the Licensee specifying such default, the Licensor may, at its option, forthwith immediately terminate this Agreement by written notice. b) In addition to the provisions of subparagraph a) above, this Agreement may be terminated by written notice given by either party hereto to the other on any date in such notice stated, not less, however, than thirty (30) days subsequent to the date upon which such notice shall be given. c) Notice of default and notice of termination may be served personally upon the Licensee or by mailing to the last known address of the Licensee. Termination of this Agreement for any reason shall not affect any of the rights or obligations of the parties hereto which may have accrued, or liabilities, accrued or otherwise, which may have arisen prior thereto. Section 14. AGREEMENT NOT TO BE ASSIGNED. The licensee shall not assign this Agreement, in whole or in part, or any rights herein granted, without the written consent of the Licensor, and it is agreed that any transfer or assignment or attempted transfer or assignment of this Agreement or any of the rights herein granted, whether voluntary, by operation of law, or otherwise, without such consent in writing, shall be absolutely void and, at the option of the Licensor, shall terminate this Agreement. Section 15. BUCCESSORS AND ASSIGNS. Subject to the provisions of Section 14 hereof, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors and assigns. pbc.cd Page 4 of 4 Exhibit B PL/WL X INS 960830 rm Approved, AVP-Law EXHIBIT B-1 Pipeline/Wireline (Hazardous, Flammable, 12" or Larger) Insurance Requirements Licensee shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: a) General Liability insurance providing bodily injury including death, personal injury and property damage coverage with a combined single limit of at least $2,000,000 each occurrence or claim and an aggregate limit 'of at least $4,000,000. This insurance shall contain broad form contractual liability with a separate general aggregate for the project (ISO Form CG 25 03 or equivalent). Exclusions for railroads (except where the Job Site is more than fifty feet (50') from any railroad tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion, collapse and underground hazard shall be removed. Coverage purchased on a claims made form shall provide for at least a two (2) year extended reporting or discovery period if (a) the coverage changes from a claims made form to an occurrence form, (b) there is a lapse/cancellation of coverage, or (c) the succeeding claims made policy retroactive date is different for the expiring policy. b) Automobile Liability insurance providing bodily injury, property damage and uninsured vehicles coverage with a combined single limit of at least $2,000,000 each occurrence or claim. This insurance shall cover all motor vehicles including hired and non -owned, and mobile equipment if excluded from coverage under the general public liability insurance. c) Workers' Compensation insurance covering Licensee's statutory liability under the workers' compensation laws of the states) affected by this Agreement, and Employers' Liability. If such insurance will not cover the liability of Licensee in states that require participation in state workers' compensation fund, Licensee shall comply with the laws of such states. If Licensee is self - insured, evidence of state approval must be provided. Licensee and their insurers shall endorse the required insurance policy(ies) to waive their righi of subroaration against Licensor. Licensee's insurance shall be primary with respect to any insurance carried by Licensor. The policies required under (a) and (b) above shall provide severability of interests and shall name Licensor as an additional insured. Prior to commencing the Work, Licensee shall furnish to Licensor certificate(s) of insurance evidencing the required coverage and endorsements and upon request, a certified duplicate original of any required policy. The certificates) shall contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify Licensor in writing of any material alteration including any change in the retroactive date in any "claims -made" policies or substantial reduction of aggregate limits, if such limits apply, or any cancellation at least thirty (30) days prior thereto. The insurance policy(ies) shall be written by a reputable insurance company(ies) acceptable to Licensor or with a current Best's Insurance Guide Rating of B and Class VII or better, and authorized to do business in the state(s) in which the Job Site is located. Licensee WARRANTS that this Agreement has been thoroughly reviewed by Licensee's insurance agent(s)/broker(s), who have been instructed by Licensee to procure the insurance coverage required by this Agreement. If Licensee fails to procure and maintain insurance as required, Licensor may elect to do so at the cost of Licensee. The fact that insurance is obtained by Licensee shall not be deemed to release or diminish the liability of Licensee, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Licensor shall not be limited by the amount of the required insurance coverage. g:\share\insuranc\exhb 1 x.exb 1:\forms \plxeexb l .kjo CITY COUNCIL ACTION REP SEPTEMBER 19, 2000 FROM: Community Development Department I�loiin Ircwh L. SUBJECT: Approval of a Pipeline Crossing Agreement with Union Pacific Railroad Companyn Company for the Slover Avenue Sewer Project RECOMMENDATION: '9% 11fa2 AUTHORIZE THE CITY MANAGER TO EXECUTE A PIPELINE CROSSING AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY FOR THE SLOVER AVENUE SEWER PROJECT IN THE AMOUNT OF $3,604.00. COUNCIL GOALS: • To promote economic development by aggressively pursuing annexations. • To invest in the City's infrastructure by providing for the development of new infrastructure. . • To concentrate on inter -governmental relations by working cooperatively with neighboring jurisdictions. DISCUSSION: The Slover Avenue sewer project is currently under construction for the installation of .a sewer system on Slover Avenue from Cherry Avenue to Hemlock Avenue. As part of tle sewer construction, the mainline sewer will cross an existing railroad spur line located near the intersection of overrAvenue and Live Oak Avenue. Since the railroad spur is controlled by the Union Pacific Railroad Company (U.P.R.R), a pipeline: crossing agreement must be exe-euTda in o er -Install and maintain the sewer system within the U.P.R.R. right of way. The pipeline crossing agreement will allow the City to cross under the Union Pacific Railroad Company's railroad tracks at the Live Oak/Slover Avenues Intersection with the Slover Avenue Sewer Line. Similar agreements with the U.P.R.R. have been executed for other projects. The agreement is now brought forward for City Council approval. FISCAL IMPACT: Funds are available in Fund 502 Sewer Capital and budgeted in the FY 2000/01. MOTION: Approvestaff recommendation. Page 1 of 2 Item: • SUBMITTED BY: APPROVED BY: Frank A. Schuma Kenneth R. Hunt Community Development Director ATTACHMENT: Vicinity Map Contract on file with City Clerk Page 2 of 2 City Manager •"/ Existing Sewers Proposed Volley Boulevard Trunk Sewer (Not a part of) Proposed South Fontana Master Sewers Direction of Flow City of Fontana Proposed South Fontana Master Sewers SLover Avenue Sewer from Cherry Avenue to Hemlock 1 = 800' VALLEY BLVD. Sewer / Railroad Tracks Crossing ,:Vicinity Map each V Reach VI AUGUST 30, 2000 10/31/00 16:21 FAX 415 495 6 AonRiskServices IQJ002 A CORD }.::q::[Y:S �: ..: �.�• .• 1Y i.,V\rf�i. �,ti9: e:�;,��y'?i;�:,�'j �': '$il.� .. . r.•n•'... .,:}••�'�: ,s^v<i.aJ, .:dii.{:.; : r+. N.:.'L'.:vt..r 4nSi$YSr. PRODUCER Aon Risk Services Inc. of No. California One Market `Spear Street Tower, Suite 2100 San Francisco, CA..94105 (415) 543-9360 INSURED DATE (MNVODNy) 10/31/00 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR I ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A City of Fontana 8353 Sierra Avenue Fontana, CA. 92335 COMPANY B - Investors Ins. Co. of America COMPANY COMPANY D :�... u. :: �•. }•::,e,.:,}} :;r.Of.}, -•.:N .s(7)K•( „.12,h>:+:+:C . yn}4::5`i.iP':n.f::.rr.:,%',yi::.iii„'fv.?".i.:.i}:i✓!i^S!<L .,...::.. }CO:YERAGES:: r:r:�c?s:�;,{.. <.� d,}?:,,..��.n<;::-,-....s.. ....; , gg g. s,s:;y:::r^^;+,•<...a J..>.-a>- .... + ..,.+. ..r:. , .x .a'•, rS•`</.•`...::b:r:: ,. ..•„ ,v... :+•..a .w r.,..., .: .yr.... ,> .o z .,R}.....>., / x. ..,:. ..,....... ..+ ..:.. .... ,.?�ur:.:,•.�:8�?1<<ti, 3,•.,. Ok S�4c.ef}mS:ss<dxrk� R.�.„i.;..f.. eb .xr�.. :.<.o>, .:K,c. Y:N:.,,. ...;:.v„•::,.:,:},.:-::::r ,,. .:..,:..:.,.::.:a...:..,.a>' ,•:; 1 ga v::., ... n.a $:.is.;, ,��d •02 Y...:•r e.:4,u ..'!e - } :., :>?knii3.,.;: ,< •:} 2:�ti£%v9cwo}. ,,e Ao'•%>:>..ot: n> :d • }:„6 •:::>,•,• :, c•;@ a .f•;.,;,..;:r' :�, :.s? .:.-; Qd 5 .. , h `:}i.o..::.., .: ....:2:+'� +:Y :. ti��t�wki4?3rb...d.adeR•re. � :.:}. ., o, •.r ;.-.}:g:> ��: � �^'.' eorJ.^'iiR: •.}s.'•-`<:$i, THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE SFOR ~'THE M1POLICY PERIOD Au4NG INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1 • CO • LTR TYPE OF INSURANCE POLICY NUMBER I POLICY EFFECTIVE 'POLICY EXPIRATION DATE mum DATE (MM/DO/YY) LIMITS • GENERAL LIABILITY I COMMERCIAL. GENERAL LIABILITY I%''.•":` I CLAIMS MADE i X .00CUR 0 APEP100199 OWNER'S & CONTRACTOR'S PROT I I ! I I AUTOMOBILE LIABILITY B X I ANY AUTO HALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY I ANY AUTO APEP100199 I GENERAL AGGREGATE S i 7/01/99 7/01/02 jPERSDNAL8AIVINJURY IS I' 17/01/99 PRODUCTS • COMP/OP AGG !S EACH OCCURRENCE i S [FIRE DAMAGE (My one fire) i S I MED EXP (Any one parson) COMBINED SINGLE LIMIT 'BODILY INJURY IPer portion) Is 250,000 1,000,000 I BODILY INJURY (Per ealden° 1 PROPERTY DAMAGE Is AUTO ONLY- EA ACCIDENT I S I OTHER THAN AUTO ONLY: EACH ACCIDENT s EXCESS LIABILITY THUMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' UABIUTY THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE: OTHER INCL EXCL APEP100199 'ESCRIPTION OF OPERATIONBILOCATIONSNENICLES/SPECIAL ITEMS 7/01/99 7/01/02 I AGGREGATE I WC STATU• AGGREGATE IS IEACH OCCURRENCE • IS 1 .000 .000 Is 1;000.000 Is ?50,000 (ATM, t.,yS;:.;�F::�zw :.}s':'::'2z::;;>:::;;�,;; Tr1gV rMn'S' I a f::},:.#"i:;�?ts;' NSMO i:''A:,i(i3 EL EACH ACCIDENT I s EL DISEASE - POLICY LIMIT I S I EL DISEASE . EA EMPLOYEE 15 The Certificate Holder is named additional insured as respects the Pipeline Crossing Agreement subject to the attached endorsement. ?:p,; o,s�}`ZF,y. - '•s-+x:-n0,0=�:` =ay:czqt `��.�W- `—'s^::v;<. Union Pacific Railroad Company Contracts & Real Estate Department 1416 Dodge Street, WP001 Omaha, NE. 68179 wy�`Sw��2{i 4°ixF151 . • : ''.lci•;yry.}I''"�•/„''4}}rtS?'=?l i�; <:h? ,S:u>. '.:r,;. �nK,„°�„' i� mN,tf' Z�As''+: 6�{„9'J}':j.•4:i: .�.-}5dtoi�}.�'v� SHOULD ANY OP THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION GATE THEREOF,' THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 •DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE. C�MPANY ITS I ENTS: OR"S-EPRESENTATNES. AUTHORIZED REPRESENTATIVy� :'.. .,'s•4• � ZwW�aal �r8i?T Qta%'"`��;'u"'£T t,y :;::ea^a:.. ?ax-, ...•,,x;,„:.�., •'.r,4.-q-,.yu,., m;q .r,.�: )--4-0y: ae">. F• n`Iyt i<<%i:;•t.:a;.:..e+..•. eaSTr,::::?��i<%<C�:':.iy,S.,�.5+:�.4:��,{JR1F4i;M'4$�L5W�4.'„ 10/31/00 16:22 FAX 415 495 6860 AonRiskServices . lg.] 003 POLICY NUMBER: APEP100199 COMMERCIAL. GENERAL LIABILITY CARRIER: Aon Risk Services THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PUBLIC ENTITY LIABILITY AUTO LIABILITY Name of Person or Organization: RE: SCHEDULE Union Pacific Railroad Company Contracts & Real Estate Department 1416 Dodge Street, WP001 Omaha, NE 68179 Pipeline Crossing Project (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. CG 20 26 1185 Copyright, Insurance Services Office Inc., 1984 PL X 940206 Form Approved, AVP-Law Folder No: 1901-90 PIPELINE. CROSSING AGREEMENT Mile Post: 529.80, Alhambra Subdivision — Delezville Spur Location: Fontana, San Bernardino County, California THIS AGREEMENT is made and entered into as of August 24, 2000, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the "Licensor"), and CITY OF FONTANA, a California municipal corporation, whose address is 8353 Sierrra Avenue, Fontana, California 92335 (hereinafter the "Licensee"). IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Article I. LICENSE FEE Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-timelicense fee of THREE THOUSAND SIX HUNDRED FOUR DOLLARS ($3,604.00). Article II. LICENSOR GRANTS RIGHT. In consideration of the License Fee to be paid by the Licensee and in further consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and performed, the Licensor hereby grants to the `Licensee the right to construct and thereafter, during the term hereof, to maintain and operate only a underground 15-inch sewer pipeline crossing (hereinafter the "Pipeline") in the location shown and in conformity with the dimensions and specifications indicated on the attached print dated July 24, 2000, marked Exhibit A. Under no circumstances shall Licensee modify the use of the Pipeline for a purpose other than the above -mentioned, and said Pipeline shall not be used for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement. Article IH. CONSTRUCTION, MAINTENANCE AND OPERATION. The grant of right herein made to the Licensee is subject to each and all of the terms, prov sions, conditions, limitations and covenants set forth herein and in Exhibit B, hereto attached. Article IV. IF WORK IS TO BE PERFORMED BY CONTRACTOR. If a contractor is to do any of the work performed on the Pipeline (including initial construction and subsequent relocation or substantial maintenance and repair work), then the Licensee shall require its • • contractor to execute the Railroad's form Contractor's Right of Entry Agreement. Licensee acknowledges receipt of a copy of the Contractor's Right of Entry Agreement and understanding of its terms, provisions, and requirements, and will inform its contractor of the need to execute the Agreement. Under no circumstances will Licensee's contractor be allowed onto Licensor's premises without first executing the Contractor's Right of Entry Agreement. Article V. INSURANCE. A. The Licensee, at its expense, shall obtain the insurance described in Exhibit B-1, hereto attached. The Licensee will also provide to the Licensor a Certificate of Insurance, identifying Folder No. 1901-90, issued by its insurance carrier confirming the existence of such insurance and that the policy or policies contain the following endorsement: UNION PACIFIC RAILROAD COMPANY is named as an additional insured with respect to all liabilities arising out of the existence, use or any work performed on or associated with the pipeline crossing located on Railroad right of way at Mile Post 529.80 at or near Fontana, San Bernardino County, California. B. If the Licensee named in this Agreement is a public entity subject to any applicable statutory tort laws, the limits of insurance described in Exhibit B-1 shall be the limits the Licensee then has in effect or which is required by applicable current or subsequent law, whichever is greater, a portion of which may be self -insured with the consent and approval of the Licensor C. All insurance correspondence shall be directed to: Folder No. 1901-90, Union Pacific Railroad Company, Real Estate Department, 1800 Farnam Street, Omaha, NE 68102. Article VI. TERM. This Agreement shall take effect asof the date first herein written and shall continue in full force and effect until terminated as herein provided. Article VII. SPECIAL PROVISIONS -- NONE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as the date first herein written. of UNION PACIFIC RAILROAD COMPANY By: Manager Contracts CITY OF FONTANA • '.PLACE ARROW INDICATING NORTH DIR-,CTION RELATIVE. TO CROSSING `QG� ov v�� 2 4Y3"0 s4, �w • fir �=w'� NO• SCALE 0 ..=ro FONTANA (NEAREST R.R. TORN) . 1. • 1 f y RR' S R/W" .0 O 6 W ENCASED NONPLAMMABL PIPELINE CROSSING NOTE: ALL AVAILABLE DIMENSIONS MUST BE FILLED INTO PROCESS THIS APPLICATION. ba 1056 F T. 24 FT. (SEENOTE 3 8 5) c. }► MAIN TRACK I• f I I I •••\.. C Stover Ave. (DESCRIBE FIXED OBJECT) (SEE NOTE 6) (DISTANCE ALONG TRACK FROM SECTION LINE CROSSING) FORM DR- 0404-• B REV. 5- 15-98 RR'S R/W 4224 FT. 0 F7, (SEF. NOTE 3 8 5) !a= 90 0 00 ' 00 '^ (ANGLE OF CROSSING) w t * I I I f I Switch No. 760 24 FT (NOTE: THIS DIMENSION REDUIRED IN ALL CASES. AT LOCATIONS NOT USING SECTIONS. DISTANCE TO A LEGAL SURVEY LINE IS REQUIRED) 50 FT. MIN. DIST (See Note 2) (DESCRIBE FIXED OBJECT) (SEE NOTE 5) U FT /4.5FT., SEAL CAS)NG 0 / 0 >I < 50 FT -SUBGRADE ROADBED 11 FT. (4.5 FT MTN. ) (20 Ft. I MAX.) P' CASING PIPEJ(Sea Note 4) 11 FT. (3 ET.him.) r 50F To FONTANA —+ ( NEAREST R. R. TORN) I I I I I 50 FT. • It ac GROUND SEAL CASING — I S FT.—►• ft CARRIER PIPE 65 FT NOTES T (CASING LENG II WHEN M S(IRF.D ALONG PIPELINE.) I) ALL HORIZONTAL' DISTANCES TO PE MEASURED AT RIGHT ANGLES FR •Q RACK. 21 CASING TO EXTEND BETOND'TPE. OF TRACE AT RIGHT ANGLES THE CR TER OF 20 • 20 FT., OR 30 FT.. ANO'OEYON0 LIMIT OF RAILROAD RIGHT-OF-WAY IF NECESSARY 70 PROVIDE PROPER LENGTH OUTSIDE OF TRACK. 3) MINIMUM OF 50' FROM THE END OF ANY RAILROAD' BRIDGE, 1. OF ANY CULVERT, OR FROM ANY SWITCHING AREA. A) SIGNAL REPRESENTATIVE MUST BE PRESENT DURING INSTALLATION IF RAILROAD SIGNALS ARE IN THE VICINITY OF SI. ALLOWABLE FIXED OBJECTS INCLUDE`. BACKWALLS OF BRIDGES; 4t OF ROAD CROSSINGS B OVERHEAD VIADUCTS (GIVE 6) CASING AND CARRIER PIPE MUST BE PLACED A MINIMUM of 2 FEET BELOW THE EXISTING FIBER OPTIC CABLE. ANY $ FEET OF THE EXISTING FIBER OPTIC CABLE MUST BE HAND DUG. t i CROSSING.' ROAD NAMEI. OR CULVERTS. EXCAVATION REQUIRED WITHIN STEEL CASING WALL THICKNESS CHART MINIMUM DIAMETER OF THICKNESS CASING PIPE . 2500" . 3125" 3750" . 4375" . 5000" . 5625" .6250" 1/4" 12" OR LESS 5/16" OVER 12"-18" 3/8" OVER 18"-22" 7/16" OVER 22"-28" 1/2" OVER 28"-34" 9/16" OVER 34"-42" 5/8" OVER 42"-48" OVER 48" MUST BE APPROVED BY R. R. CO. NOTE: THIS CHART IS ONLY FOR SMOOTH STEEL CASING PIPES WITH MINIMUM YIELD STRENGTH OF 35000 PSI, FORMULA TO FIGURE CASING LENGTH WITH ANGLE OF CROSSING OTHER THAN 90° 13 MIN.OIST. (NOTE 2) A) IS PIPELINE CROSSING WITHIN DEDICATED STREET ? X B) IF YES, NAME OF STREET SLAVER AVENUE DISTRIBUTION LINE • OR TRANSMISSION LINE XX CARRIER .PIPE : COMMODITY TO BE CONVEYED BY GRAVITY OPERATING PRESSURE 0.0 PSI WALL THICKNESS 1-5/8" ;DIAMETER 157ID MATERIAL VCP E CASING PIPE: WALL. THICKNESS 9/16" ;DIAMETER 36" ;MATERIAL, STEEL , NOTE :CASING MUST HAVE 2" CLEARANCE BETWEEN GREATEST OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF CASING PIPE. WHEN FURNISHING DIMENSIONS, GIVE OUTSIDE OF CARRIER PIPE AND INSIDE OF CASING PIPE. METHOD OF INSTALLING CASING PIPE UNDER TRACK(S): XX DRY BORE AND JACK (WET BORE NOT PERMITTED) ; TUNNEL ; OTHER G) WILL CONSTRUCTION DE BY AN OUTSIDE CONTRACTOR? X YES; NO; H)' DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BORIINp AND JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK 0. I) APPLICANT HAS CONTACTED I-800-336-9193, BILL (3o. MIN.) U. P. COMMUNICATION DEPARTMENT, AND HAS DETERMINED FIBER OPTIC CABLE _DOES ; X DOES NOT ; EXIST.IN VICINITY OF WORK TO BE PERFORMED . TICKET NO. 19991115035 D) Cl F) YES; NO; E.XHI lei T "A" " MR RAILROAD USE O,K.YI UNION PACIFIC RAILROAD CO. fa- 41 cte Y/ilE SPUR I SUBUIYISIONI MAP -rat, ea E. S. 7O' ENCASED /L A.. CROSSING AT sour,' rv,urA,1/,' x4/ eexItmoiNa CA . •t NEAREST CITY) ICOUNTY) 1571,10 RR FILE NO" 9t9/770 DATE r WARNING IN ALL OCCASIONS, U. P. COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE. PHONE 1 I-800-336-9193 PLX980112 Fame -Approval. AVP-Low EKEIIBIT B Section 1. 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 Licensor to use and maintainits entire property including the right and power of the Licensor to construct maintain; repair, renew, use, operate, change, modify or relocate railroad tracks, 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 the Licensor without liability to the Licensee or to any other party for compensation or damages. b) The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of the Licensor's property, and others) and the right of the Licensor to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 2 CONSTRUCTION. MAINTENANCE AND OPERATION. a) The Pipeline shall be constructed, operated maintained, repaired, renewed, modified and/or reconstructed by the Licensee in strict conformity with Union Pacific Railroad Co. Common Standard Specification 1029 adopted November 1949, and all amendments thereof and supplements thereto, which by this reference is hereby made a part hereof, except as maybe modified and approved by the Licensor's Vice President -Engineering Services. In the event such Specification conflicts in anyrespect with the requirements of any federal, state or municipal law or regulation, such requirements shall govern on all points of conflict, but in all other respects the Specification shall apply. b) . All work performed on property of the Licensor in connection with the construction, maintenance, repair, renewal, Modification or reconstruction of the Pipeline shall be done to the satisfaction of the Licensor. c) Prior to the commencement of any work in connection with the construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline where it passes underneath the roadbed and track or tracks of the Licensor, the Licensee shall submit to the Licensor plans setting out the method and manner of handling the work including the shoring and cribbing, if any, required to protect the Licensor's operations, and shall not proceed with the work until such plans have been approved by the Puce President -Engineering Services of the Licensor and then the work shall be done to the satisfaction of the Vice President -Engineering Services or his authorized representative. The Licensor shall have the right, if it so elects, to provide such support as it may deem necessary for the safety of its track or tracks during the time of construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline, and, in the event the Licensor provides such support, the Licensee shall pay to the Licensor, within fifteen 05) days 'after bills shall have been rendered therefor, all expense incurred by the Licensor in connection therewith, which expense shall include all assignable costs. d) The Licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the grade even with the adjacent surface of the ground. Section 3. NOTICE OF COMMENCEMENT OF WORD{. If an emergency should arise requiring immediate attention, the Licensee shall provide as' much notice as practicable to Licensor before commencing any work. In all other situations, the Licensee shall notify the Licensor at least ten (10) days (or such other time as the Licensor may allow) in advance of the commencement of any work upon property of the Licensor in connection with the construction, maintenance, repair, renewal. modification, reconstruction, relocation or removal of the Pipeline. All such work shall be prosecuted diligently to completion. • Section 4. LICENSEE TO BEAR ENTIRE EXPENSE. The Licensee shall bear the entire cost and expense incurred in connection with the construction maintenance, repair and renewal and any and all modification revision, relocation, removal or reconstruction of the Pipeline, including any and all expense which may be incurred by the Licensor in connection therewith for supervision, inspection, flagging, or otherwise. pix exb Page 1 of 4 Exhibit B PLX980112 Farm Approved, AVP-Law Section 5. jiEINFORCEMENT. RIIACATION ORREMOVAL OF PIPELINE. a) The license herein granted is subject to the needs and requirements of the Licensor in the operation of its railroad and in the improvement and use of its property, and the Licensee shall, at the sole expense of the Licensee, reinforce the Pipeline, or move all or any portion of the Pipeline to such new location as the Licensor may designate, whenever, in the furtherance of its needs and requirements, the Licensor shall find such action necessary or desirable. b) All the terms, conditions and stipulations herein expressed with reference to the Pipeline on property of the Licensor in the location hereinbefore described shall, so far as the Pipeline remains on the property, apply to the Pipeline as modified, changed or relocated within the contemplation of this section. Section 6. jJO INTERFERENCE WITH LICENSOR'S OPERATION. The Pipeline and all parts thereof within and outside of the limits of the property of the Licensor shall be constructed and. at all times, maintained, repaired renewed and operated in such manner as to cause no interference whatsoever with the constant continuous and uninterrupted use of the tracks, property and facilities of the Licensor, and nothing shall be done or suffered to be done by the Licensee at any time that would in any manner impair the safety thereof. Section 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. a) Fiber optic cable systems may be buried on the Licensor'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. Licensee shall telephone the Licensor at 1-800-336-9193 (a 24-hour number) to deterrnine•if fiber optic cable is buried anywhere on the Licensor's premises to be used by the Licensee. If it is, Licensee will telephone the telecommunications company(ies) irnrolved, arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, all at Licensee's expense, and will commence no, work on the right of way until all such protection or relocation has been accomplished. Licensee shall indemnify and hold the Licensor harmless from and against all costs, liability and expense whatsoever (including, without limitation. attorneys' fees, court costs and expenses) arising out of or caused in any way by Licensee's failure to comply with the provisions of this paragraph. b) In addition to other indemnity provisions in this Agreement, the Licensee shall indemnify and hold the Licensor harmless from and against all costs, liability and expense whatsoever (including, without limitation. attorneys' fees, court costs and expenses) caused by the negligence of the Licensee, its contractor, agents and/or employees, resulting in (1) any damage to or destruction of any telecommunications system on lcensor'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 Licensor's property, except if such costs, liability or expenses are caused solely by the direct fictive negligence of the Licensor. Licensee further agrees that it shall not have or seek recourse against Licensor 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 Licensor's property or a customer or user of services of the fiber optic cable on Licensor's property. Section 8. CLAIMS AND LIENS FOR LABORAND MATERIAL: TAXES. a) The Licensee shall fully pay for all materials joined or affixed to and labor performed upon property of the Licensor in connection with the construction. maintenance, repair, renewal, modification or reconstruction of the Pipeline, and shall not permit or suffer any mechanic's or materialman's lien of any kind or nature to be enforced against the property for any work done or materials furnished thereon at the instance or request or on behalf of the Licensee. The Licensee shall indemnify and hold harmless the Licensor against and from any and all liens, claims, demands, costs and expenses of whatsoever nature in anyway connected with or growing out of such work done, labor performed, or materials furnished. b) The Licensee shall promptly pay or discharge all taxes, charges and assessments levied upon, in respect to, or on account of the Pipeline, to prevent the same from becoming a charge or lien upon property of the Licensor, and so that • the taxes, charges and assessments levied upon or in respect to such property shall not be increased because of the location, construction or maintenance of the Pipeline or any improvement, appliance or fixture connected therewith placed upon such property, or on account of the Licensee's interest therein. Where such tax. charge or assessment may not be separately made or assessed to the Licensee but shall be included in the assessment of the property of the Licensor, then the Licensee shall pay to the Licensor an equitable proportion of such taxes determined by the value of the licensee's property upon property of the Licensor as compared with the entire value of such property. pixcxb Page 2 of 4 Exhibit B PLX980112 Farm Approved, AVP-Law Section 9. RESTORATION OF LICENSOR'S PROPERTY. In the event the Licensor authorizes the Licensee to take down any fence of the Licensor or in any manner move or disturb any of the other property of the Licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline, then in that event the Licensee shall, as soon as possible and at Licensee'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 and the Licensee shall indemnify and hold harmless the Licensor, its officers, agents and employees, against and from any and all liability, loss, damages, claims, demands, costs and expenses of whatsoever nature, fir -hiding court costs and attorneys' fees, which may result from injury to or death of persons whomsoever, or damage to or loss or destruction of property whatsoever, when such injury, death, damage, loss or destruction grows out of or arises from the taking down of any fence or the moving or disturbance of any other property of the Licensor. Section 10. INDEMNITY. a) As used in this Section, Licensor' includes other railroad companies using the Licensor's property at or near the location of the Licensee's installation and their officers, agents, and employees; 'Loss' includes loss, damage, claims, demands, actions, causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from: a) injury to or death of persons whomsoever (including the Licensor's officers, agents, and employees, the Licensee's officers, agents, and employees, as well as any other person); and/or b) damage to or loss or destruction of property whatsoever (including Licensee's property, damage to the roadbed, tracks, equipment, or other property of the Licensor, or property in its care or custody). b) As a major inducement and in consideration of the license and permission herein granted, the Licensee agrees to indemnify and hold harmless the Licensor from any Loss which is due to or arises from: 1. The prosecution of any work contemplated by this Agreement including the installation, construction, maintenance, repair, renewal, modification, reconstruction, relocation, or removal of the Pipeline or any part thereof; or 2. The presence, operation, or use of the Pipeline or contents escaping therefrom, except to the extent that the Loss is caused by the sole, and direct negligence of the. Licensor. Section 11. REMOVAL OF PIPE LINE UPON TERMINATION OF AGREEMENT. Prior to the termination of this Agreement howsoever, the Licensee shall, at Licensee's sole expense, remove the Pipeline from those portions of the property not occupied by the roadbed and track or tracks of the Licensor and shall restore, to the satisfaction of the Licensor, such portions of such property to as good a condition as they were in at the time of the construction of the Pipeline. If the Licensee fails to do the foregoing, the Licensor may do such work of removal and restoration at the cost and expense of the Licensee. The Licensor may, at its option, upon such termination, at the entire cost and expense of the Licensee, remove the portions of the Pipeline located underneath its roadbed and track or tracks and restore such roadbed to as good a condition as it was in at the time of the construction of the Pipeline, or it may permit the Licensee to do such work of removal and restoration to the satisfaction of the Licensor. In the event of the removal by the Licensor of the property of the Licensee and of the restoration of the roadbed and property as herein provided, the Licensor shall in no manner be liable to the Licensee for any damage sustained by the Licensee for or on account thereof, and such removal and restoration shall in no mariner prejudice or impair any right of action for damages, or otherwise, that the Licensor may have against the Licensee. Section 12. WAIVER OF BREAM. The waiver by the Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by the Licensee shall in no way impair the right of the Licensor to avail itself of any remedy for any subsequent breach thereof. plxexb Page 3 of 4 Exhibit B PLX980112 Farm,Appraved AVP Law Section 13. TERMINATION. a) If the licensee does not use the right herein granted or the Pipeline for one (1) year, or if the Licensee continues in default in the performance of any covenant or agreement herein contained for a period of thirty (30) days after written notice from the Licensor to the Licensee specifying such default, the Licensor may, at its option, forthwith immediately terminate this Agreement by written notice. b) In addition to the provisions of subparagraph a) above, this Agreement may be terminated by written notice given by either party hereto to the other on any date in such notice stated, not less, however, than thirty (30) days subsequent to the date upon which such notice shall be given. c) Notice of default and notice of termination may be served personally upon the Licensee or by mailing to the last known address of the Licensee. Termination of this Agreement for any reason shall not affect any of the rights or obligations of the parties hereto which may have accrued, or liabilities, accrued or otherwise, which may have arisen prior thereto. Section 14. AGREEMENT NOT TO BE ASSIGNED. The Licensee shall not assign this Agreement, in whole or in part, or any rights herein granted, without the written consent of the Licensor, and it is agreed that any transfer or assignment or attempted transfer or assignment of this Agreement or any of the rights herein granted, whether voluntary, by operation of law, or otherwise, without such consent in writing, shall be absolutely void and at the option of the Licensor, shall terminate this Agreement. Section 15. SUCCESSORS AND ASSIGNS. Subject to the provisions of Section 14 hereof, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors and assigns. pixexb Page 4 of4 Unlit B PL/WL X INS 960830 ;inn Approved, AVP-Law EXHIBIT B-1 Pipeline/Wireline (Hazardous, Flammable, 12" or Larger) Insurance Requirements Licensee shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: a) General Liability insurance providing bodily injury including death, personal injury and property damage coverage with a combined single limit of at least $2,000,000 each occurrence or claim and an aggregate limit of at least $4,000,000. This insurance shall contain broad form contractual liability with a separate general aggregate for the project (ISO Form CG 25 03 or equivalent). Exclusions for railroads (except where the Job Site is more than fifty feet (50') from any railroad tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion, collapse and underground hazard shall be removed. Coverage purchased on a claims made form shall provide for at least a two (2) year extended reporting or discovery period if (a) the coverage changes from a claims made form to an occurrence form, (b) there is a lapse/cancellation of coverage, or (c) the succeeding claims made policy retroactive date is different for the expiring policy. b) Automobile Liability insurance providing bodily injury, property damage and uninsured vehicles coverage with a combined single limit of at least $2,000,000 each occurrence or claim. This insurance shall cover all motor vehicles including hired and non -owned, and mobile equipment if excluded from coverage under the general public liability'insurance. c) Workers' Compensation insurance covering Licensee's statutory liability under the workers' compensation laws of the state(s) affected by this Agreement, and Employers' Liability. If such insurance will not cover the liability of Licensee in states that require participation in state workers' compensation fund, Licensee shall comply with the laws of such states. If Licensee is self- ' insured, evidence of state approval must be provided. Licensee and their Insurers shall endorse the required insurance policy(ies) to waive their right of subrogation against Licensor. Licensee's insurance shall be primary with respect to any insurance carried by Licensor. The policies required under (a) and (b) above shall provide severability of interests and shall name Licensor as an additional insured. Prior to commencing the Work, Licensee shall furnish to Licensor certificates) of insurance evidencing the required coverage and endorsements and upon request, a certified duplicate original of any required policy. The certificate(s) shall contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify Licensor in writing of any material alteration including any change in the retroactive date in any "claims -made" policies or substantial reduction of aggregate limits, if such limits apply, or any cancellation at least thirty (30) days prior thereto. The insurance policy(ies) shall be written by a reputable insurance company(ies) acceptable to Licensor or with a current Best's Insurance Guide Rating of B and Class VII or better, and authorized to do business in the states) in which the Job Site is located. Licensee WARRANTS that this Agreement has been thoroughly reviewed by Licensee's insurance agent(s)/broker(s), who have been instructed by Licensee to procure the insurance coverage required by this Agreement. If Licensee fails to procure and maintain insurance as required, Licensor may elect to do so at the cost of Licensee. The fact that insurance is obtained by Licensee shall not be deemed to release or diminish the liability of Licensee, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Licensor shall not be limited by the amount of the required insurance coverage. g:\share\insuranc\exhbl x.exb 1:\forms\plxeexb 1.kjo APPLICATION 1). Name of Licensee: CITY OF FONTANA (Name to be shown on Document) a) If a corporation (Exact Name of Corporation) a corporation of the State of (State of Incorporation) NOTE: The corporate name of a company should be exactly as stated in its Articles of Incorporation. Type of Corporation, if other than a normal business corporation, MUST be shown: (Municipal, quasi -municipal, body politic, etc.) b) If an Individual (Name of Individual) (City & State) c) If an individual or corporation doing business under a trade name: (Doing Business As or Trade Name) d) If a partnership (Name of Partnership) a partnership consisting of: all of (City & State) 2). Address of Licensee: 8353 Sierra Avenue, Fontana, California 92335 3). Name and mailing address of individual to whom instrument is to be sent for execution if different than shown in Item 2: Robert W. Weddle, P.E. (Name & Address) 4). Billing address if different than shown in Item 2: (Address) 5). Name and phone number of individual to contact in event of questions: Robert W. Weddle, P.E. (909) 350-7613 FAX # (909) 350-6618 6). a) Do you plan to utilize the right-of-way for a public use (for a utility crossing)? b) Do you have authority to utilize the right-of-way for a public use by condemnation? c) Will you initiate condemnation proceedings to acquire the subject property in the event negotiations are unsuccessful? (X) Yes (X) Yes (X) Yes ( ) No ( ) No ( ) No 7). When do you expect construction to begin on the Railroad Company's property? June 2000 8). When do you need to receive this agreement from the Railroad Company? May 1, 2000 (Please allow 30-45 days for crossings and 90-120 days for encroachments) 9). Permanent or Temporary Installation - If Temporary, estimated term - 10). Location of installation - 24 Permanent Fontana, San Bernardino, California (City, County & State) ft. ILI), (S), (E), or (W) of the (N),_M (E), (W) or (Center) line of Section 23 Township 1 (S) (N) or (S), Range 6 (W) (E) or (W). 11) New installation, relocation or modification of existing installation which is located on the Railroad Company's property or across tracks? New Installation. 12). Do you have an existing agreement at this location with the Railroad Company which is to be affected by this request? (Xj No ( ) Yes, Railroad Company Contract Number: 13). Is installation a crossing X or encroachment or both? 14). Is installation located within a dedicated public street? No Yes X , enclosed are records which identify and prove the dedication of such public way. 15). Additional information pertinent to this installation: Due to existing underground utilities, receiving must be located 32—feet East of the centerline of the tracks. 16). If an encroachment, who will be served? (Railroad, Railroad Tenant, General Public, etc.) 17). Did the Railroad Company's magazine advertisement affect your decision to utilize the right-of-way for a utility corridor? ( ) Yes (X) No. If not, did another medium impress your decision? O Yes n No. If applicable, please advise other medium: CONTRACTOR AND INSTALLATION INFORMATION 18). Will construction be by a Contractor? ( ) No (X) Yes If yes, Contractor will be: Not Applicable at this time; will advise when available. Address: Corporate Status: Name and Phone Number of individual to contact in the event of questions: 19). Describe in detail the method and manner of installation on the Railroad Company's property: Bore and jack a conductor casing in accordance with Exhibit "A". 'LACE ArRROW DIRECTION RELATIVE .— To FONTANA )NEAREST R.R. TOWN) U, INDICATING NORTH TO CROSSING 0 Pv 4v�\�' • ?`''gyp NO SCALE vc h �h oQ 02 of m U) Y N Ica IJ 1056 FTr' FORM DR-0404-B REV. 5- 15-98 ENCASED NON-FLAMMABLE PIPELINE CROSSING NOTE: ALL AVAILABLE DIMENSIONS MUST BE FILLED IN TO PROCESS THIS APPLICATION. 24 FT. (SEE NOTE 3 6 5) 1.. [a 90 ^ 00 ' 00 RR'S R/W 4224 FT. FT. (SEE N07E 3 8 5) / CL MAIN TRACK a { I I I I I Ii I. Stover Ave. (DESCRIBE FIXED OBJECT) (SEE NOTE 6) INSTANCE ALONG TRACK FROM SECTION LINE CROSSING) 24 FT (NOTE: THIS DIMENSION REOLIRED IN ALL CASES. AT LOCATIONS NOT USING SECTIONS, DISTANCE TO A LEGAL SURVEY LINE l5 REOUIRED) a (ANGLE OF CROSSING) I I I I (DESCRIBE FIXED OBJECT) (SEE NOTE 5) 50 FT 0 FT MIN. DIST (See Note 2) /FT. SEAL CASING 50 FT. -SUBGRACE ROADBED 11 FT. (4.5 FT MIN.) (20 FT.I MAX.) CASING PIPEI(See Note 4) n FL 50 FT. To FONTANA —> NEAREST R.H. TOWN) 50 FT. GROUND SURFACE SEAL CASING 1 \ �•- I 2f- CARRIER PIPE 2 0 5 FT. 31 FT. 4 15 FT. -- I 65 FT 96 FT. 4 96 FT. NOTES I (CASING LENGTH WHEN MEASURED ALONG PIPELINE.) II ALL HORIZONTAL DISTANCES TO BE MEASURED AT RIGHT ANGLES FROM 4. OF TRACK. 21 CASING TO EXTEND BEYOND THE S. OF TRACK AT RIGHT ANGCES THE GREATER OF 20 • 20 FT., OR 30 FT., AND BEYOND LIMIT OF RAILROAD RIGHT-OF-WAY IF NECESSARY TO PROVIDE PROPER LENGTH OUTSIDE OF TRACK. 3) MINIMUM OF 50' FROM THE END OF ANY RAILROAD BRIDGE, 'I. OF ANY CULVERT, OR FROM ANY SWITCHING AREA. 4) SIGNAL REPRESENTATIVE MUST 8E PRESENT DURING INSTALLATION IF RAILROAD SIGNALS ARE IN THE VICINITY OF CROSSING. 51 ALLOWABLE FIXED OBJECTS INCLUDE: BACXWALLS OF BRIDGES: R. OF ROAD CROSSINGS B OVERHEAD VIADUCTS (GIVE ROAD NAME), OR CULVERTS. 61 U. • STEEL CASING WALL THICKNESS CHART MINIMUM DIAMETER OF THICKNESS CASING PIPE . 2500" . 3125" . 3750" .4375" . 5000" . 5625" . 6250" I/4" 5/16" 3/8" 7/16" 1/2" 9/16" 5/8" 12" OR LESS OVER 12"-ID" OVER 18"-22" OVER 22"-28" OVER 28"-34" OVER 34"-42" OVER 42"-48" OVER 48' MUST BE APPROVED BY R. R. CO. NOTE: THIS CHART IS ONLY FOR SMOOTH STEEL CASING PIPES WITH MINIMUM YIELD STRENGTH OF 35,000 PSI. FORMULA TO FIGURE CASING LENGTH WITH ANGLE OF CROSSING OTHER THAN 90G B MIN.DIST. (NOTE 2) CASING AND CARRIER PIPE MUST BE PLACED A MINIMUM OF 2 FEET BELOW THE EXISTING FIBER OPTIC CABLE. ANY EXCAVATION REOUIRED WITHIN 5. FEET OF THE EXISTING FIBER OPTIC CABLE MUST BE HAND DUG. Al IS PIPELINE CROSSING WITHIN DEDICATED STREET ') X YES; NO; Bl IF YES, NAME OF STREET LIVE OAK AVENUE D) DISTRIBUTION LINE OR TRANSMISSION LINE XX C1 CARRIER PIPE : COMMODITY TO BE CONVEYED BY GRAVITY OPERATING PRESSURE 0.0 PSI WALL THICKNESS 1-5/8' ;DIAMETER 15' ID ;MATERIAL VCP E) CASING PIPE : STEEL WALL THICKNESS 9/16' ;DIAMETER 36' ;MATERIAL NOTE :CASING MUST HAVE 2" CLEARANCE BETWEEN GREATEST OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF CASING PIPE. WHEN FURNISHING DIMENSIONS, GIVE OUTSIDE OF CARRIER PIPE AND INSIDE OF CASING PIPE. F) METHOD OF INSTALLING CASING PIPE UNDER TRACK(S): XX DRY BORE AND JACK (WET BORE NOT PERMITTED) ; TUNNEL ; OTHER G) WILL CONSTRUCTION. BE BY. AN OUTSIDE CONTRACTOR? X YES; —NO; H) DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BORING AND JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK 30' I) APPLICANT HAS CONTACTED 1-800-336-9193, BILL , (3o' MIN.) U. P. COMMUNICATION DEPARTMENT, AND HAS DETERMINED FIBER OPTIC CABLE DOES ; X DOES NOT ; EXIST IN VICINITY OF WORK TO BE PERFORMED . TICKET NO. 19991115035 EXHI IT "A" IFOR RAILROAD USE ONLY) UNION PACIFIC RAILROAD CO. I NEAT IV IS ION) M.P E.S. ENCASED CROSSING AT INEARf.ST CIT11 I COIPI FA1 WAIL. , APPLIGANTI RR FILE NO. DATE IN ALL OCCASIONS, U. P. COMMUNICATIONS DEPARTMENT MUST BE ''CONTACTED IN ADVANCE OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE. PHONE : I-800-336-SIBS WARNING CONTRACTOR'S ROE 980204 Folder No.: Form Approved, AVP-Law CONTRACTOR'S RIGHT OF ENTRY AGREEMENT THIS AGREEMENT is made and entered into as of the day of , 199 , by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter referred to as the "Railroad"); and corporation (hereinafter referred to as the "Contractor"). RECITALS: Contractor has been hired by relating to (hereinafter " ") to perform work (the "Work"), partially located on property of Railroad in the vicinity of , which Work is the subject of a Contract dated between Railroad and Contractor has requested Railroad to permit it to perform the work on Railroad property, and Railroad is agreeable thereto, subject to the following terms and conditions. AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between the Railroad and Contractor, as follows: ARTICLE 1- DEFINITION OF CONTRACTOR For purposes of this agreement, all references in this agreement to the Contractor shall include the (Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. ARTICLE 2 - RIGHT GRANTED; PURPOSE The Railroad hereby grants to the 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 any 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 A AND A-1 The terms and conditions contained in Exhibits A and A-1, attached hereto, are hereby made a part of this agreement. ' ARTICLE 4 - ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVE The Contractor shall bear any and all costs and expenses associated with any work performed by the Contractor, or any costs or expenses incurred by the Railroad relating to this agreement. All work performed by Contractor on Railroad's property shall be performed in a manner satisfactory to the Railroad's I or his authorized representative (hereinafter the "Railroad Representative") identified below: C:\TEMP\ALAM02.WPD CONTRACTOR'S ROE 980204 Folder No.: Form Approved, AVP-Law ARTICLE 5 - 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 property. b). This agreement may be terminated by either party on ten (10) days written notice to the other party. ARTICLE 6 - CERTIFICATE OF INSURANCE a). Before commencing any work, Contractor will provide Railroad with a Certificate issued by its insurance carrier providing the insurance coverage required pursuant to Exhibit A-1 of this agreement in a policy which contains the following type of endorsement: Union Pacific Railroad Company is named as additional insured with respect to all liabilities arising out of Insured's, as Contractor, performance of any work on the property of the Railroad. b). Contractor warrants that this agreement has been thoroughly reviewed by its insurance agent(s)/broker(s) and that said agent(s)/broker(s) has been instructed to procure insurance coverage and an endorsement as required herein. c). All insurance correspondence shall be directed to: Bob N. Prince Manager, Industry & Public Projects Union Pacific Railroad Company 19100 Slover Avenue Bloomington, CA 92316 ARTICLE 7 - CHOICE OF FORUM This agreement shall be governed, construed and enforced in accordance with the laws of the State of New Mexico. Litigation arising out of or connected with this agreement may be instituted and maintained in the courts of the States of Nebraska and New Mexico only, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation, in those courts, and consent to service of process issued by such courts. ARTICLE 8 - DISMISSAL OF CONTRACTOR/SUBCONTRACTOR EMPLOYEE At the request of Railroad, Contractor shall remove from Railroad property any employee of Contractor or any subcontractor 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 property. ARTICLE 9 - ADMINISTRATIVE FEE Contractor shall pay to Railroad Five Hundred Dollars ($500.00) as reimbursement for clerical, administrative and handling expenses in connection with the processing of this agreement. ARTICLE 10 - SPECIAL PROVISIONS 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. C:\TEMP\ALAM02.WPD 2 CONTRACTOR'S ROE 980204 . Folder No.: Form Approved, AVP-Law b). Explosives or other highly flammable substances shall not be stored on Railroad property without the prior written approval of the Railroad Representative. written. IN WITNESS WHEREOF, the parties hereto have executed this agreement in duplicate as of the date first herein (Name of Contractor) By: Title: UNION PACIFIC RAILROAD COMPANY By: CHIEF ENGINEER C:\TEMP\A AM02.WPD CONTRACTOR'S ROE 980204 Folder No.: Form Approved, AVP-Law EXHIBIT A TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Section 1. NOTICE OF COMMENCEMENT OF WORK - FLAGGING. a. The Contractor agrees to notify the Railroad Representative at least 10 working days in advance of Contractor commencing its work and at least 5 working days in advance of proposed performance of any work by the Contractor in which any person or equipment will be within 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 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 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 5-day notice, the Railroad Representative will determine and inform the Contractor whether a flagman need be present and whether the Contractor need implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by the Railroad, such services will be provided at Contractor's expense with the understanding that if the Railroad provides any flagging or other services, the Contractor shall not be relieved of any of its responsibilities or liabilities set forth herein. Contractor shall promptly pay to Railroad all charges connected with such services within 30 days after presentation of a bill therefor. b. The rate of pay, per hour for each man will be the prevailing hourly rate in effect for an eight hour day for the class of men 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 & welfare, supplemental sickness, Railroad Retirement & UC, supplemental pension, Empl. Liability & Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect on the day of execution of this agreement. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays; 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 the 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, the Contractor shall pay on the basis of the new rates and charges. c. Reimbursement to the Railroad will be required covering the full eight hour day during which any flagman is furnished, unless he 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 said flagman following his assignment to work on the project for which the Railroad is required to pay the flagman and which could not reasonably be avoided by the Railroad Company by assignment of such flagman to other work , even though the Contractor may not be working during such time. 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 the 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 the Railroad without liability to the Licensee or to any other party for compensation or damages. b. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of the Railroad's property, and others) and the right of the Railroad to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 3. NO INTERFERENCE WITH RAILROAD'S OPERATION. No work performed by Contractor shall cause any interference with the constant, continuous and uninterrupted use of the tracks, property and facilities of the Railroad its lessees, licensees or others, unless specifically permitted under this agreement, or specifically authorized in advance by the Railroad Representative. Nothing shall be done or suffered to be done by the Contractor at any time that would C:\TEMPWLAM02.WPD 1 CONTRACTOR'S ROE 980204 Folder No.: Form Approved, AVP-Law in any manner impair the safety thereof. When not in use, Contractor's machinery and materials shall be kept at least 50 feet from the centerline of Railroad's nearest track, and there shall be no vehicular crossings of Railroad's tracks except at existing open public crossings. Section 4. MECHANIC'S LIENS. The Contractor shall pay in full all persons who perform labor or provide materials for the work to be performed by Contractor. The 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 the Railroad for any such work performed. The Contractor shall indemnify and hold harmless the 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. Section 5. J'ROTECTION OF FIBER OPTIC CABLE SYSTEMS. a. 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. Contractor shall telephone the Railroad at 1-800-336-9193 (a 24-hour number) to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the Contractor. If it is, Contractor will telephone the telecommunications company(ies) involved, arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, and will commence no work on the right of way until all such protection or relocation has been accomplished. b. In addition to other indemnity provisions in this Agreement, the Contractor shall indemnify and hold the 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 the Contractor, its contractor, 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. COMPLIANCE WITH LAWS. In the prosecution of the work covered by this agreement, the 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. The Contractor shall use only such methods as are consistent with safety, both as concerns the Contractor, the Contractor's agents and employees, the officers, agents, employees and property of the Railroad and the public in general. The Contractor (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 property. If any failure by the Contractor 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 Contractor shall reimburse and indemnify the Railroad for any such fine, penalty, cost, or charge, including without limitation attorneys' fees, court costs and expenses. The Contractor 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. Section 7. SAFETY INSTRUCTIONS. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the Work pursuant to this agreement. As reinforcement and in furtherance of overall safety measures to be observed by the Contractor (and not by way of limitation), the following special safety rules shall be followed: a. The 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. The Contractor shall have proper first aid supplies available on the job site so that prompt first aid services can be provided to any person that may be injured on the job site. The Contractor shall promptly notify the Railroad of any U.S. Occupational Safety and Health Administration reportable injuries occurring to any person that may arise during the work performed on the job site. The Contractor shall have a non -delegable duty to control its employees while they are on the job site or any other property of the Railroad to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug, narcotic or other substance that may inhibit the safe performance of work by the employee. C:\TEMPWLAMO2.WPD 2 CONTRACTOR'S ROE 980204 Folder No.: Form Approved, AVP-Law b. The employees of the Contractor shall be suitably dressed to perform their duties safely and in a manner that will not interfere with their vision, hearing or free use of their hands or feet. Only waist length shirts with sleeves and trousers that cover the entire leg are to be worn. If flare -legged trousers are worn, the trouser bottoms must be tied to prevent catching. The employees should wear sturdy and protective work boots and at least the following protective equipment: (1) Protective head gear that meets American National Standard-Z89.1-latest revision. It is suggested that all hardhats be affixed with Contractor's or subcontractor's company logo or name. (2) Eye protection that meets American National Standard for occupational and educational eye and face protection, Z87.1-latest revision. Additional eye protection must be provided to meet specific job situations such as welding, grinding, burning, etc.; and (3) Hearing protection which affords enough attenuation to give protection from noise levels that will be occurring on the job site. c. All heavy equipment provided or leased by the Contractor shall be equipped with audible back-up warning devices. If in the opinion of the Railroad Representative any of Contractor's or any of its subcontractor's equipment is unsafe for use on the Railroad's right-of-way, the Contractor, at the request of the Railroad Representative, shall remove such equipment from the Railroad's right-of-way. Section 8. INDEMNITY. a. As used in this Section, "Railroad" includes other railroad companies using the Railroad's property at or near the location of the Contractor's installation and their officers, agents, and employees; "Loss" includes loss, damage, claims, demands, actions, causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from: (a) injury to or death of persons whomsoever (including the Railroad's officers, agents, and employees, the Contractor's officers, agents, and employees, as well as any other person); and/or (b) damage to or loss or destruction of property whatsoever (including Contractor's property, damage to the roadbed, tracks, equipment, or other property of the Railroad, or property in its care or custody). b. As a major inducement and in consideration of the license and permission herein granted, the Contractor agrees to indemnify and hold harmless the Railroad from any Loss which is due to or arises from any cause and is associated in whole or in part with the work performed under this agreement, a breach of the agreement or the failure to observe the health and safety provisions herein, or any activity, omission or negligence arising out of performance or nonperformance of this agreement regardless of whether contributed to in part by the negligence or fault of Railroad. However, the Contractor shall not indemnify the Railroad when the Loss is caused by the sole negligence of the Railroad. c. Any liability of either party hereunder to one of its employees under any Workers' Compensation Act or the Federal Employers' Liability Act shall not be questioned or in any way challenged by the other party, nor shall any jury or court findings resulting from any employee's suit against either party pursuant to any such Act(s) be relied upon or used by either party in any attempt to assert common law liability against the other. Section 9. RESTORATION OF PROPERTY. In the event the Railroad authorizes the Contractor to take down any fence of the Railroad or in any manner move or disturb any of the other property of the Railroad in connection with the work to be performed by Contractor, then in that event the 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. The Contractor shall remove all of Contractor's tools, equipment and 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 BREACH. Waiver by the Railroad of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by the Contractor shall in no way impair the right of the Railroad to avail itself of any remedy for any subsequent breach thereof. C:\TEMPWLAMO2.WPD CONTRACTOR'S ROE 980204 Folder No.: Form Approved, AVP-Law Section 11. ASSIGNMENT - SUBCONTRACTING. The Contractor shall not assign, sublet or subcontract this agreement, or any interest therein, without the written consent of the Railroad and any attempt to so assign, sublet or subcontract without the written consent of the Railroad shall be void. If the Railroad gives the Contractor permission to subcontract all or any portion of the work herein described, the Contractor is and shall remain responsible for all work of subcontractors and all work of subcontractors shall be governed by the terms of this agreement. C:\TEMP\ALAMO2.WPD • CONTRACTOR'S ROE 980204 Folder No.: Form Approved, AVP-Law Exhibit A-1 UNION PACIFIC RAILROAD CONTRACT INSURANCE REQUIREMENTS Third Party Contractors Right Of Entry Agreement Contractor shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: (a) General Liability insurance providing bodily injury including death, personal injury and property damage coverage with a combined single limit of at least $2,000,000 each occurrence or claim and an aggregate limit of at least $4,000,000. This insurance shall contain broad form contractual liability with a separate general aggregate for the project (ISO Form CG 25 03 or equivalent). Exclusions for explosion, collapse and underground hazard shall be removed. Coverage purchased on a claims made form shall provide for at least a two (2) year extended reporting or discovery period if (a) the coverage changes from a claims made form to an occurrence form, (b) there is a lapse/cancellation of coverage, or (c) the succeeding claims made policy i etroactive date is different for the expiring policy. (b) Automobile Liability insurance providing bodily injury and property damage coverage with a combined single limit of at least $2,000,000 each occurrence or claim. This insurance shall cover all motor vehicles including hired and non -owned, and mobile equipment if excluded from coverage under the general public liability insurance. (c) Workers' Compensation insurance covering Contractor's statutory liability under the workers' compensation laws of the state(s) affected by this Agreement, and Employers' Liability. If such insurance will not cover the liability of Contractor in states that require participation in state workers' compensation fund, Contractor shall comply with the laws of such states. If Contractor is self - insured, evidence of state approval must be provided. (d) Railroad Protective Liability insurance naming the Railroad as the insured with a combined single limit of $2,000,000 per occurrence with a $6,000,000 aggregate. The policy shall be broad form coverage for "Physical Damage to Property" (ISO Form CG 00 35 or equivalent) and include pollution arising out of fuels and lubricants brought to the job site (ISO Form CG 28 31 or equivalent). A binder of insurance for Railroad Protective Liability must be submitted to the Railroad and the original policy or a certified duplicate original policy must be forwarded to the Railroad when available. Contractor and its insurers shall endorse the required insurance policy(ies) to waive their right of subrogation against Railroad. Contractor and its insurers also waive their right of subrogation against Railroad for loss of its owned or leased property or property under its care, custody and control. Contractor's insurance shall be primary with respect to any insurance carried by Railroad. The policy(ies) required under (a) and (b) above shall provide severability of interests and shall name Railroad as an additional insured. Prior to commencing the Work, Contractor shall furnish to Railroad certificate(s) of insurance evidencing the required coverage and endorsements and upon request, a certified duplicate original of any required policy. The certificate(s) shall contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify Railroad in writing of any material alteration including any change in the retroactive date in any "claims -made" policies or substantial reduction of aggregate limits, if such limits apply, or any cancellation at least thirty (30) days prior thereto. The insurance policy(ies) shall be written by a reputable insurance company(ies) acceptable to Railroad or with a current Best's Insurance Guide Rating of B and Class VII or better, and authorized to do business in the state(s) in which the Job Site is located. Contractor WARRANTS that this Agreement has been thoroughly reviewed by Contractor's insurance agent(s)/broker(s), who have been instructed by Contractor to procure the insurance coverage required by this Agreement. If Contractor fails to procure and maintain insurance as required, Railroad may elect to do so at the cost of Contractor. The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railroad shall not be limited by the amount of the required insurance coverage. C:\TEMP\ALAMO2.WPD • N PACIFIC RAILROAD COMPAA R. D. Uhrich Assistant Vice President J. A. Anthony Director -Contracts D. D. Brown Director -Real Estate M. W. Casey General Director -Special Properties J. P. Gade Director -Facility Management To the Contractor: Real Estate Department 1800 Farnam Street Omaha, Nebraska 68102 Fax: (402) 997-3601 August 24, 2000 Folder No: 1901-90 J. L. Hawkins Director -Operations Support M. E. Heenan Director -Administration & Budgets D. H. Lightwine Director -Real Estate T. K. Love Director -Real Estate Before the Railroad Company can permit you to perform work on its right of way for the installation of pipeline crossing for CITY OF FONTANA, it will be necessary to complete the enclosed Contractor's Right of Entry Agreement as follows: 1. Fill in the complete legal name of the contractor in the space provided on Page 1 of the Contractor's Right of Entry Agreement. If a corporation, give the state of incorporation. If a partnership, give the names of all partners. 2. Fill in the date construction will begin and be completed in Article VI, Paragraph A. 3. Fill in the name of the contractor in the space provided in the signature block at the end of the Contractor's Right of Entry Agreement. If the contractor is a corporation, the person signing on its behalf must be an elected corporate officer. 4. Return all copies of the Contractor's Right of Entry Agreement, together with your Certificate of Insurance, identifying Folder No. 1901-90, as required in Exhibit B-1, in the attached self- addressed envelope. 5. Check, with Folder No. 1901-90 written on the front, made payable to the Union Pacific Railroad Company in the amount of FIVE HUNDRED DOLLARS ($500.00). If you require formal billing, you may consider this letter as a formal bill. In compliance with the Internal Revenue Service's new policy regarding their Form 1099, I certify that 94-6001323 is the Railroad Company's correct Federal Taxpayer . Identification Number and that Union Pacific Railroad Company is doing business as a corporation. Under Exhibit B-1 of the enclosed Contractor's Right of Entry Agreement, you are required to procure Railroad Protective Liability Insurance (RPLI) for the duration of this project. In addition to your Certificate of Insurance form, you will need to provide an Insurance Binder, or an original of the policy, that designates the specific RPLI coverage. As a service to you, Union Pacific is making this coverage available to you at the rate specified on the attached Insurance Application Form. You are not required to purchase this coverage from the Railroad and are encouraged to shop the market for the best available rate. If you decide, however, • that acquiring this coverage from the Railroad is of benefit to you, simply complete the form and follow the instructions at the bottom. After approval of the Contractor's Right of Entry Agreement and the Insurance Certificate, your fully -executed document will be returned to you, with instructions to proceed. In no event should you begin work until you have received a copy of the signed Contractor's Right of Entry Agreement. If you have any questions, please contact me at (402) 997-3553. Yours truly, Mary Hauschild Manager Contracts UNION PACIFIC RAILROAD COMPAA R. D. Uhrich Assistant Vice President J. A. Anthony Director -Contracts D. D. Brown Director -Real Estate M. W. Casey General Director -Special Properties J. P. Gade Director -Facility Management GREGORY BUCKNELL CITY OF FONTANA 8353 SIERRRA AVENUE FONTANA, CA 92335 Real Estate Department 1800 Farnam Street Omaha, Nebraska 68102 Fax: (402) 997-3601 August 24, 2000 Folder No. 1901-90 J. L. Hawkins Director -Operations Support M. E. Heenan Director -Administration & Budgets D. H. Lightwine Director -Real Esta T. K. Love Director -Real Estate Re: Proposed Underground 15-Inch Potable Water Pipeline Crossing of Railroad Property at Mile Post 529.80 on the Alhambra Subdivision — Declezville Spur at or near Fontana, San Bernardino County, California Dear Mr. Bucknell: Attached are duplicate originals of an agreement covering your use of the Railroad Company's right of way. Please RETURN ALL COPIES of the document for execution on behalf of the Railroad Company in the enclosed self-addressed envelope. Your copy of the fully -executed document will be returned to you, if approved by the Railroad Company. Also, please provide a resolution or other authorization for the party executing the documents, and Insurance Certificates, if required by the agreement. Also attached is Contractor's Right of Entry Agreement which must be executed accordance with the attached agreement, if work is to be performed by a contractor. and returned in Payment in the amount of Three Thousand Six Hundred Four Dollars ($3,604.00) is due and payable upon your execution of the agreement. Please include your check, with Folder No. 1901-90 written on the front, made payable to Union Pacific Railroad Company, with the return of the documents. This agreement will not be accepted by the Railroad Company until the initial payment is received and all Insurance Certificates are in proper form, if required by the agreement. If you require formal billing, you may consider this letter as a formal bill. In compliance with the Internal Revenue Service's policy regarding Form 1099, I certify that 94-6001323 is the Railroad Company's correct Federal Taxpayer Identification Number and that Union Pacific Railroad Company is doing business as a corporation. If we have not received the executed documents within six months from the date of this letter, this proposed offer of an agreement is withdrawn and becomes null and void. • • We are continually trying to do a better job for our customers. In an effort to do this, we would like to know what we did right. If there were any areas where you felt that our performance could improve, we would like to hear that also. In this regard, enclosed is a survey form that we would appreciate you completing and returning to us at your earliest convenience. If you have any questions, please contact me at (402) 997-3553. /Yours truly, 0'C,) Mary Hauschild Manager Contracts Tra,smission Report' Date/Time Local ID Local Name Company Logo This document was confirmed. (reduced same l e. and deta i l s below) Document Size Letter-S FAX COMMUNICATIONS CITY OF F CALIFORNIA O FAX NUMBER: (909) 350-6618 PLEASE DELIVER ELI VER��THE FOLLOWING ING PACES TO: 1411 F7 (� NAME: Chet, tt Q11 SCJ1;l�1 LOCATION: /,M1io,l Yoci FAX: 4 d/' 4)'i / 3 [ PHONE: . T OZ— Q Sy FROM: ( G.rQtet.3.6e1.101 PHONE;ONI I Evr, 1)7-3.6e-6,b 4 W TOTAL NUMBER OF PAGES : : ���'�s d� TIME (Nc c MNG COVER SHEET) DATE • MESSAGE: dthc slrn 1.ergFk,ark- R�'.i_$fcx.tr.r saes C o ss Nl% c a�a�e�e c�u� e)c,`� ;'; I\ft,k. An pl. ease. L< 1�a0 U CITY OF PONTANA ENGINEERING DIVISION E333SIERRA AVENUE. FONrAN.A . CA 94333 PHONE NUMBER: (909) 35W761B CC: Total Pages Scanned 1 Total Pages Confirmed 1 N T Al NJ A 8-15-00;10:52AM 1234567 No. Doc Remote Station Start Time Duration Pages Mode Comments Results 1 932 914029973601 8-15-00;10:51AM 1'29" 1/ 1 EC CF 7200 ** Notes ** EC: Error Correct BC: Broadcast Send CP: Completed LS: Local Scan RE: Resend MP: Multi -Poll RM: Receive to Memory LP: Local Print PD: Polled by Remote PG: Polling a Remote DR: Document Removed FO: Forced Output MB: Receive to Mailbox PI: Power Interruption TM: Terminated by user WT: Waiting Transfer 1 From Date Nanders Name USAAirbill Nmea 8203 3625 994 Sender's FedEx � ��/Accoountt� Number e�t^/ jy/n/ 1420-8939-4 Phone( 909) 350-7610 Company C.I TY OF FONTANA/ENGINEERING Address 17001 UPLAND AVE cay FONTANA 2 Your Internal Billing Reference Fest24 characters r appeeron invoice. state CA zip.92335 PTIONAL Dept./Floor/Suite/Room 3 To Recipient's Name Company Address / Lei�/-{n�.. 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Money -Back Guarantee In the event of untimely delivery, Federal Express will, at your request and with some limitations, refund or credit all transportation charges. See current Service Guide for more information. Part /154813•Rev. 8i 9 City of Fontana CALIFORNIA Mary Hauschild Union Pacific Railroad Company 1416 Dodge Street, WP001 Omaha, NE 98179 RE: Slover Avenue Sewer Improvements • from Cherry Avenue to Hemlock Avenue Union Pacific Railroad Application c. Y" ° Dear Ms. Hauschild: \i July 13, 2000 Enclosed for your companjs7eview and approval is an application to cross your facilities with a master sewer main line. The existing railroad switches are shown on the drawings and this proposed construction will not affect your company's operations'. In addition to the sewer main line crossing, a temporary 14 ft. asphalt concrete traffic lane across the tracIdga will be removed upon construction completion through the project reach. Also, enclosed is a copy of Appendix V -Union Pacific Railroad 's Contractor's Right of Entry Agreement within the City's construction bidding documents to be completed the construction contractor on this project upon award and three City approved sets of construction plans. If you have any questions, please contact the undersigned at (909) 350-6646. I will be on vacation over the next three weeks and will be returning on August 7, 2000. Sincerely, Community Development Department Engineering Division Gre6ry J. Bucknell, P.E. Principal Civil Engineer/Special Projects cc: City Engineer Douglas H. Mays, P.E., L.D. King Bob N. Prince, Union Pacific Railroad w/one set of construction plans www.fontana.org 8353 SIERRA AVENUE FONTANA, CALIFORNIA 92335-3528 (909) 350-7600 recycled paper 1). Name of Licensee: a) If a corporation a corporation of the State of APPLICATION CITY OF FONTANA (Name to be shown on Document) CITY OF FONTANA (Exact Name of Corporation) CALIFORNIA (State of Incorporation) NOTE: The corporate name of a company should be exactly as stated in its Articles of Incorporation. Type of Corporation, if other than a normal business corporation, MUST be shown: Municipal. b) If an Individual of (Municipal, quasi -municipal, body politic, etc.) (Name of Individual) (City & State) c) If an individual or corporation doing business under a trade name: d) If a partnership (Doing Business As or Trade Name) (Name of Partnership) a partnership consisting of: and all of (City & State) 2). Address of Licensee: 8353 Sierra Avenue, Fontana, California 92335 3). Name and mailing address of individual to whom instrument is'to be sent for execution if different than shown in Item 2: Gregory.J_ Buckner•P.E. (Name & Address) 4). Billing address if different than shown in Item 2: • (Address) 5). Name and phone number of individual to contact in event of questions: Gregory.J. Bucknell,.P.E, (909) 350-6646 FAX # (909) 350-6618 6). a) Do you plan to utilize the right-of-way for a public use (for a utility crossing)? b) Do you have authority to utilize the right-of-way for a public use by condemnation? c) Will you initiate condemnation proceedings to acquire the subject property in the event negotiations are unsuccessful? (X') Yes (X) Yes (X) Yes ( ) No (. )No ( ) No Township 7). When do you expect construction to begin on the Railroad Company's property? September .2000 8). When do you need to receive this agreement from the Railroad Company? • June 1, 2000 (Please allow 30-45 days for crossings and 90-120 days for encroachments) 9). Permanent or Temporary Installation - If Temporary, estimated term - 10). Location of installation - Permanent Fontana, San Bernardino, California (City, County & State) 24 ft. fj , (S), (E), or (W) of the (N)J ) .(E), (W) or (Center) line of Section 23 1 (S) (N) or (S), Range 6 (W) (E) or (W). 11) New installation, relocation or modification of existing installation which is located on the Railroad Company's property or across tracks? New Installation. 12). Do you have an existing agreement at this location with the Railroad Company which is to be affected by this request? QO No ( ) Yes, Railroad Company Contract Number. 13). Is,installation a crossing X or encroachment or both? 14). Is installation located within a dedicated public street? No Yes X , enclosed are records which identify and prove the dedication of such public way. 15). Additional information pertinent to this installation: Due to existing underground utilities, receiving must be located 32—feet East of the centerline of the tracks. 16). If an encroachment, who will be served? General Public. (Railroad, Railroad Tenant, General Public, etc.) 17). Did the Railroad Company's magazine advertisement affect your decision to utilize the right-of-way for a utility corridor? ( ) Yes (X) No.' If not, did another medium impress your decision? ( ) Yes RI No. If applicable, please advise other medium: CONTRACTOR AND INSTALLATION INFORMATION 18). Will construction be by a Contractor? ( ) No (X) Yes If yes, Contractor will be: Not Applicable at this time; will advise Address: Corporate Status: Name and Phone Number of individual to contact in the event of questions: when available. 19). Describe in detail the method and manner of installation on the Railroad Company's property: Bore and jack a casing pipe inaccordance with Exhibit "A". ,PLACE ARROW INDICATING NORTH DIRECTION RELATIVE TO CROSSING �,'' `Y ��24��0 g. --- Q ...To FDNTANA (NEAREST P.R. TOWN o� T NO SCALE 1056 FT. • FORM DR-0404-8 REV. 5-15-98 ENCASED NON-FLAMMABLE PIPELINE CROSSING NOTE: ALL AVAILABLE DIMENSIONS MUST BE FILLED IN TO PROCESS THIS APPLICATION. 24 FT. (SEE NOTE 3 8 5) �I FLMAII TRACK C, Stover Ave. (DESCRIBE FIXED OBJECT) (SEE NOTE 6) )DISTANCE ALONG TRACE FROM SECTION LINE CROSSING) Aa VT RR'S R/W 24 FT Z U 4 PIPE ! IN (NOTE: THIS DIMENSION REQUIRED IN ALL CASES. AT LOCATIONS NOT USING SECTIONS, DISTANCE TO A LEGAL SURVEY LINE IS REQUIRED) 50 FT MIN. DIST (See Nole 2) ROADBED i 1411FT. ,5 (4,5 FT MIN.) FT. (20 FT. MAX.) Q - )0.." CASING PIPEI(See Note 4). 777 -r RR''S R/W 4224 FT. FT. (SEE NOTE 3 8 5) LA" 90 " 00 ' 00 " (ANGLE OF CROSSING) 1 1 I I I I (OESCRIDEEFIXXED ED OBJECT)5) (S 0 F7 O r- SEAL CASING �/ 50 FT. !r SUBCRADE • \ 11 FT. (3 FT. MIN.) O) of fU U7 C U' 50 FT. 50 FT. To FONTANA —. I NEAREST P.R. TOWN) GROUND SURFACE �- {- CARRIER PIPE SEAL CASING 2D 31 FT IS FT.*); I' 65 FT. 96FT. f 96FT. NOTES : (CASING LENGTH WHEN MEASURED ALONG PIPELINE.) I) ALL HORIZONTAL DISTANCES TO BA MEASURED AT RIGHT ANGLES FROM q OF TRACK. 21 CASING TO EXTEND BEYOND THE % OF TRACK AT RIGHT ANGIiES THE GREATER OF 20 • 20 FT., OR 30 FT., AND BEYOND LIMIT OF RAILROAD RIGHT-OF-WAY IF NECESSARY TO PROVIDE PROPER LENGTH OUTSIDE OF TRACK. 3) MINIMUM OF 50' FROM THE END OF ANY RAILROAD BRIDGE, 4 OF ANY CULVERT, OR FROM ANY SWITCHING AREA.. 41 SIGNAL REPRESENTATIVE MUST BE PRESENT DURING INSTALLATION IF RAILROAD SIGNALS ARE IN THE VICINITY OF CROSSING. 51 ALLOWABLE FIXED OBJECTS INCLUDE: BACKWALLS OF BRIDGES; OF ROAD CROSSINGS 8 OVERHEAD VIADUCTS (GIVE ROAD NAME), OR CULVERTS. 6) CASING AND CARRIER PIPE MUST BE PLACED A MINIMUM OF 2 FEET BELOW THE EXISTING FIBER OPTIC CABLE. ANY EXCAVATION REDUIRED WITHIN 5 FEET OF THE EXISTING FIBER OPTIC CABLEMUSTBE HAND DUG. A) IS PIPELINE CROSSING WITHIN DEDICATED STREET ? X YES; NO; B) IF YES, NAME OF STREET LIVE OAK AVENUE D) DISTRIBUTION LINE . OR TRANSMISSION LINE XX CI CARRIER PIPE : COMMODITY TO BE CONVEYED BY GRAVITY OPERATING PRESSURE MO PSI WALL THICKNESS 1-5/8' ;DIAMETER 15' ID ;MATERIAL VCP El CASING PIPE. : WALL THICKNESS 9/16' ;DIAMETER 36' ;MATERIAL STEEL NOTE :CASING MUST HAVE 2" CLEARANCE BETWEEN GREATEST OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF .CASING PIPE. WHEN FURNISHING DIMENSIONS, GIVE OUTSIDE OF • CARRIER PIPE AND INSIDE OF CASING PIPE. F) METHOD OF INSTALLING CASING PIPE UNDER TRACKtS): XX DRY BORE AND JACK (WET, BORE NOT PERMITTED) ; • TUNNEL ; OTHER C) WILL: CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR? X YES; NO; H) DISIANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BORING AND JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK =4_ I) APPLICANT HAS CONTACTED 1-800- 336- 91 93, BILL (30' LON. ) U. P. COMMUNICATION DEPARTMENT, AND HAS DETERMINED FIBER OPTIC 'CABLE. __DOES ; X DOE'S NOT ; EXIST -IN VICINITY OF WORK TO BC` -PERFORMED . TICKET NO. 19991115035 STEEL CASING WALL THICKNESS CHART MINIMUM THICKNESS DIAMETER OF CASING PIPE . 2500" . 3125" . 3750" . 4375" . 5000" . 5625" . 6250" 1/4" 5/16" 3/8" 7/16" 1/2" 9/16" 5/8" 12" OR LESS OVER 12"-18" OVER 18"-22" OVER 22"-28" OVER 28"-34" OVER 34"-42" OVER 42"-48" OVER 48' MUST BE APPROVED BY R.R. CO. NOTE: THIS CHART IS ONLY FOR SMOOTH STEEL CASING PIPES WITH MINIMUM YIELD STRENGTH OF 35,000 PSI. FORMULA TO FIGURE CASING LENGTH WITH ANGLE OF CROSSINGIOTHER THAN 90" �' B I'L`I MIN.Di2�r. ( LA SIN EXHIBIT "A" )FOR RAILROAD USE ONLY) UNION PACIFIC RAILROAD CO. I SUDOIV1510N1 M. P ENCASED E. S. CROSSING AT INE.AEST CIT,I ICOUNIYI 151,10 RR FILE NC._ , ATWI.ICANTI DATE WARNING IN ALL OCCASIONS, U. P. COMMUNICATIONS DEPARTMENT MUST RE CONTACTED IN ADVANCE OF ANY WORK IT DETERMINE EXISTENCE ANO LOCATION OF FIBER OPTIC CABLE. PHONE;. ; I-RO0-336-9193 l). Name of Licensee: a) If a corporation a corporation of the State of APPLICATION CITY OF FONTANA (Name to be shown on Document) CITY OF FONTANA (Exact Name of Corporation) CALIFORNIA (State of Incorporation) NOTE: The corporate name of a company should be exactly as stated in its Articles of Incorporation. Type of Corporation, if other than a normal business corporation, MUST be shown: Municipal. b) If an Individual (Municipal, quasi -municipal, body politic, etc.) (Name of Individual) (City & State) c) Ilan individual or corporation doing business under a trade name: d) If a partnership (Doing Business As or Trade Name) a partnership consisting of: (Name of Partnership) and all of (City & State) 2). Address of Licensee: 8353 Sierra Avenue, Fontana, California 92335 3). Name and mailing address of individual to whom instrument is'to be sent for execution if different than shown in Item 2: Gregory J_ BuckneJ_.,.P.E (Name & Address) 4) Billing address if different than shown in Item 2: (Address) 5). Name and phone number of individual to contact in event of questions: Gregory•J. Bucknell,.P,E. (909) 350-6646 FAX # (909) 350-6618 6). a) Do you plan to utilize the right-of-way for a public use (for a utility crossing)? b) Do you have authority to utilize the right-of-way for a public use by condemnation? c) Will you initiate condemnation proceedings to acquire the subject property in the event negotiations are unsuccessful? (x) Yes (X) Yes (X) Yes ( ) No (. ) No ( ) No 7). When do you expect construction to begin on the Railroad Company's property? September . 2000 8). When do you need to receive this agreement from the Railroad Company? June 1, 2000 (Please allow 30-45 days for crossings and 90-120 days for encroachments) 9). Permanent or Temporary Installation - If Temporary, estimated term - 10). Location of installation - Permanent Fontana, San Bernardino, California (City, County & State) • 24 ft. �V , (S), (E), or (W) of the (N),1S) (E), (W) or (Center) line of Section 23 , Township 1 (S) (N) or (S), Range 6 (w) (E) or (W). 11) New installation, relocation or modification of existing installation which is located on the Railroad Company's property or across tracks? New Installation. 12). Do you have an existing agreement at this location with the Railroad Company which is to be affected by this request? j No ( ) Yes, Railroad Company Contract Number. 13). Is installation a crossing X or encroachment or both? 14). Is installation located within a dedicated public street? No Yes X , enclosed are records which identify and prove the dedication of such public way. 15). Additional information pertinent to this installation: Due to existing underground utilities, receiving must be located 32—feet East of the centerline of the tracks. 16). If an encroachment, who will be served? General Public. (Railroad, Railroad Tenant, General Public, etc.) 17). Did the Railroad Company's magazine advertisement affect your decision to utilize the right-of-way for a utility corridor? ( ) Yes (4 No. If not, did another medium impress your decision? ( ) Yes «No. If applicable, please advise other medium: CONTRACTOR AND INSTALLATION INFORMATION 18). WilI construction be by a Contractor? ( ) No (X) Yes If yes, Contractor will be: Not Applicable at this time; will advise when available. Address: Corporate Status: Name and Phone Number of individual to contact in the event of questions: 19). Describe in detail the method and manner of installation on the Railroad Company's property: Bore and jack a casing pipe in accordance with Exhibit "A". .PLACE'ARROW INDICATING NORTH DIRECTION RELATIVE TO CROSSING :// 4- CJ :t• cz- NO SCALE v 2`o o) c 1056 FT. �ere mvi .— ro FONTANA (NEAREST R.R. TOWN> RR' S R/W v '- N as a w a 3 • FORM DR-0404-B REV. 5-15-98 ENCASED NON-FLAMMABLE PI ;LINE CROSSING NOTE: ALL AVAILABLE DIMENSIONS MUST BE FILLED [N TO PROCESS THIS APPLICATION. 24 FT. (SEE NOTE 3 8 5) / — Q MAIN TRACK fL Stover Ave. (DESCRIBE FIXED OBJECT) (SEE NOTE 6) (DISTANCE ALONG TRACK FROM SECTION LINE CROSSING) 24 FT (NOTE: THIS DIMENSION REOUIRED IN ALL CASES. AT LOCATIONS NOT USING SECTIONS, DISTANCE TO A LEGAL SURVEY LINE IS REWIRED) 50 FT MIN. DIST (See Note 2) SEAL CASING I . 5 FT. RR'S R/W 4224 FT. FT. (SEE N07E 3 6 5) 7 LA= 90 . 00 ' 00 " a (ANGLE or CROSSING) z (DESCRIBEEFIXED 5XED (S o. 0 FT 14.5 FT. • 20 31 FT. 15 O 50 FT. SUBGRADE ROADBED 11 FT. (4.5 FT MIN.) (20 FT. MAX.) CASING PIPE (See Note 4) -F —►{ 1 50 Fr. 50 FT. TO FONTANA —. ( NEAREST R. R. TOWN) I I (3 FT. MT. .) SEAL CASING CARRIER PIPE 65 FT. < 96 FT, 96 FT. NOTES I (CASINO LENGTH WHEN MEASURED ALONG PIPELINE.) I> ALL HORIZONTAL DISTANCES 70 BE MEASURED AT RIGHT ANGLES FROM% OF TRACK. 21 CASING TO EXTEND BEYOND THE I. OF TRACK AT RIGHT ANGLES THE GREATER OF 20 • 20 FT., OR 30 FT., AND BEYOND LIMIT OF RAILROAD RIGHT-OF-WAY IF NECESSARY 70 PROVIOE PROPER LENGTH OUTSIDE OF TRACK, 3> MINIMUM OF 50' FROM THE END OF ANY RAILROAD BRIDGE, i. OF ANY CULVERT, OR FROM ANY SWITCHING AREA.. 4) SIGNAL REPRESENTATIVE MUST BE PRESENT DURING INSTALLATION IF RAILROAD SIGNALS ARE IN THE VICINITY OF CROSSING. 51 ALLOWABLE FIXED OBJECTS INCLUDE: BACXWALLS OF BRIDGES; S OF ROAD CROSSINGS 8 OVERHEAD VIADUCTS (GIVE ROAD NAME), OR CULVERTS. 6) CASING AND CARRIER PIPE MUST BE PLACED A MINIMUM OF 2 FEET BELOW THE EXISTING FIBER OPTIC CABLE. ANY EXCAVATION REOUIRED WITHIN S FEET OF THE EXISTING FIBER OPTIC CABLEMUSTBE HAND DUG. A) IS PIPELINE CROSSING WITHIN DEDICATED STREET ? X YES; NO; 81 IF YES, NAME OF STREET LIVE OAK AVENUE D) DISTRIBUTION LINE OR TRANSMISSION LINE XX C) CARRIER PIPE ; COMMODITY TO BE CONVEYED BY GRAVITY OPERATING PRESSURE 0.0 PSI WALL THICKNESS 1-5/8' ;DIAMETER 15' ID ;MATERIAL VCP E) CASING PIP 9/16' STEEL WALL THICKNESS;DIAMETER 36' ;MATERIAL NOTE :CASING MUST HAVE 2" CLEARANCE BETWEEN GREATEST.. OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF `r CASING PIPE. WHEN FURNISHING DIMENSIONS, GIVE OUTSIDE OF CARRIER PIPE AND INSIDE OF CASING PIPE. F) METHOD OF INSTALLING CASING PIPE UNDER TRACK(S): XX DRY BORE AND JACK (WET BORE NOT PERMITTED) ; TUNNEL ; OTHER C) WILL. CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR? X YES;__- H) DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BORING AND JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK_0__ I) APPLICANT HAS CONTACTED 1-800-336-9193, BILL t3o' "4)U. P. COMMUNICATION DEPARTMENT, AND HAS DETERMINED FIBER OPTIC 'CABLE.__DOES ; X DOES NOT ; EXIST.IN VICINITY OF WORK TO BC -PERFORMED . TICKET NO. 19991115035 STEEL CASING WALL THICKNESS CHART MINIMUM DIAMETER OF THICKNESS CASING PIPE .2500" .3125" . 3750" . 4375" . 5000" . 5625" .6250" I/4" 5/16" 3/8" 7/16" 1/2" 9/16" 5/8" 12" OR LESS OVER 12"-18" OVER 18"-22" OVER 22"-28" OVER 28"-34" OVER 34"-42" OVER 42"-48" OVER 48' MUST BE APPROVED BY R. R. CO. NOTE: THIS CHART IS ONLY FOR SMOOTH STEEL CASING PIPES WITH MINIMUM YIELD STRENGTH OF 35,000 PSI. FORMULA TO FIGURE CASING LENGTH WITH ANGLE OF CROSSING OTHER THAN•900 GA SIN a y 6p, Iti EXH IT "A" B MIN. DIST. (NOTE 2) (FOR RAILROAD USE WILY) UNION IFIC RAILROAD CO. I:000IVISIONI M. f ENCASED E. S. 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