HomeMy WebLinkAboutContracts & Agreements_211A-2015_CCv0001.pdf SANBAG Contract No.: 16-1001418
Epic File No.: RRND00752
Subdivision: Redlands
Milepost(s): 10.1-11.7
SANBAG Contract No. 16-1001418
RIGHT-OF-ENTRY PERMIT
BETWEEN
SANBAG
AND
CITY OF REDLANDS
RIGHT OF ENTRY PERMIT
This PERMIT ("Permit") is made and entered into as of the date executed by SANBAG by and
between SAN BERNARDINO ASSOCIATED GOVERNMENTS, acting in its capacity as
San Bernardino County Transportation Commission and the San Bernardino County
Transportation Authority("SANBAG") and City of Redlands, a corportate municipality
("PERMITTEE") as of.
PART I—BASIC PERMIT PROVISIONS
The Basic Permit Provisions provided in this Part I and the Standard Permit Provisions set forth
in Part II of this Permit, together with all Exhibits and Attachments referenced in either, are
incorporated into and made part of this Permit. In the event of conflict between Part I and Part H
or of any Exhibits and Attachments, Part I shall control.
Basic Permit Provisions Part H
Section Cross
Reference
1. Parties.
SANBAG's Address:
1170 West 3rd Street, 2nd Floor
San Bernardino, California 92410-1715
Permittee's Address:
_City of Redlands
35 Caion Street, Suite 15A
Redlands CA 92375
Attn: Ross Wittman
Telephone: (909) 798-7698
E-mail: rwhittman@cityofredlands.org
Contractor License Information and License #N/A
This Permit is associated with the following SANBAG License Agreement and
Licensee:
City of Redlands C09121 RRND007650 dated 12/2/13
16-1001418 Ri;ht-of Entry Permit
Form Approved 4/20/15
Basic Permit Provisions Part H
Section Cross
Reference
2. Description of the Premises. § 1
City/County: City of Redlands. County of San Bernardino
Subdivision: Redlands
Address or Milepost Location:
Mile Post 10.1 through 11.7
Approximate area:
80,448 Linear feet; 1.66 Miles
See map/diagram in Exhibit"A".
Description and Dimensions of Premises Area:
An at grade use of a protion of the property known as the SANBAG's
Redlands Subdivision right-of-way between Grove Avenue on the western
extent, at Mile Post 10.1 and Wabash Avenue at the easterly extent at Mile
Post 11.7, in the City of Redlands. Property is of variable width.
3. Allowable Improvements,Facilities and Uses. Permittee shall construct
only the following improvements and/or facilities and conduct or permit
only the following uses on the Premises:
Description of Improvements and/or Facilities ("Improvements"):
Landscaping activities relatingtigreement_C09121 for work on the
Orange Blossom Trail being conducted by the City of Redlands.
Use of the Premises and Permitted Hours of Entry or Work:
Use will be limited to one day use of property on November 21, 2015 during
daylight hours
4. Term and Hours of Work/Operation. § 2
Commencement Date: November 21, 2015
End Date:November 21, 2015 (Subject to earlier termination pursuant to the
terms of this Permit—see especially Standard Permit Provisions §2.2)
16-1001418 Right-Of-Entry Permit ii
Form Approved 4/20/15
Basic Permit Provisions Part 11
Section Cross
Reference
5. Fees. (check all applicable) § 3
A. Administration Fee: $00.00,.payable upon issuance ofep rmit.
B. Use Fee (check all that apply):
® (i.) One-time fee: $500.00
❑ (ii.) $ per day, payable in
advance.
❑ (iii.)_percent (_%) of the gross revenues
from the use of the Premises during the Permit
term.
❑ (iv.) Other:
6. Security Deposit(if any).$ § 4
7. Insurance Amount. See Exhibit`B" § 10
16-1001418 Right-Of-Entry Permit iii
Form Approved 4/20/15
IN WITNESS WHEREOF, this Permit was duly executed by the Parties identified in Item 1 of
this Part I on the dates below, and is effective as the date executed by SANBAG.
SANBAG
By:Y
Name: Raymond W. Wolfe
Title: Executive Director_
Date: (( —-2
Accepted, Acknowledged and Agreed to:
PERMITTEE:
By:
Name: SRM 1,Ru/1AJ
Title:
Date: i5
16-1001418 Right-Of-Entry Permit iv
Form Approved 4/20/15
PART II—STANDARD PERMIT PROVISIONS
TABLE OF CONTENTS
Section Paye
I. PERMIT TO USE; CONDITION OF PREMISES...............................................................1
2. TERM AND TERMINATION.............................................................................................1
3. PAYMENTS .........................................................................................................................2
4. SECURITY DEPOSIT..........................................................................................................3
5. TAXES..................................................................................................................................3
6. LIENS....................................................................................................................................3
7. ASSUMPTION OF RISK AND WAIVER ..........................................................................4
8. BREACH AND REMEDIES................................................................................................4
9. INDEMNIFICATION...........................................................................................................6
10. INSURANCE........................................................................................................................6
11. MAINTENANCE AND REPAIR........................................................................................7
12. ALTERATIONS AND CONSTRUCTION .........................................................................8
13. CONTRACTORS; APPROVAL AND INSURANCE........................................................8
14. REIMBURSEMENT............................................................................................................8
15. LANDSCAPING..................................................................................................................9
16. MARKERS ...........................................................................................................................9
17. COMPLIANCE WITH LAWS.............................................................................................9
18. SANBAG'S RIGHT OF ACCESS.......................................................................................9
19. ENVIRONMENTAL ASSESSMENT...............................................................................10
20. HAZARDOUS/TOXIC MATERIAL USE AND INDEMNITY.......................................10
21. PERMITTEE'S COVENANTS..........................................................................................11
22. BROKER'S FEES ..............................................................................................................12
23. SUBORDINATE RIGHTS.................................................................................................12
24. GENERAL PROVISIONS .................................................................................................12
Exhibits:
"A" Site Plan of Premises
"B" Insurance Requirements
"C" Permitted Hazardous Material
"D" Additional Provisions
16-1001418 Right-Of-Entry Permit v
Form Approved 4/20/15
PART II - STANDARD PERMIT PROVISIONS
1. PERMIT TO USE; CONDITION OF PREMISES
1.1. Permit. SANBAG hereby permits Permittee to temporarily enter upon and use the real
property of SANBAG in the location shown in the diagram attached hereto as Exhibit
"A" and described in Item 2 of the Basic Permit Provisions (the "Premises") solely for
the Use set out in Subsection 1.2 below. The Premises, adjoining real property of
SANBAG and personal property of SANBAG located thereon shall hereinafter
collectively be referred to as "SANBAG Property". This Permit does not create any
right to occupy or any tenancy of real property.
1.2. Use. The Premises shall be used only for the purposes specified in Item 3 of the Basic
Permit Provisions and for such lawful purposes as may be directly incidental thereto and
for no other purpose. Permittee shall not permit the Premises to be used for any purpose
or in any manner which would render the insurance thereon void or the insurance risk
more hazardous than that covered by the terms of this Permit.
1.3. Condition of Premises. Permittee acknowledges that it has inspected the Premises in its
present condition, including, without limitation, all existing environmental conditions.
Permittee accepts the Premises "as is" as suitable for the purpose for which the Premises
are permitted and assumes all risk with respect to all present conditions of the Premises,
whether patent or latent, including, without limitation, all existing environmental
conditions. Entry onto the Premises hereafter by Permittee shall be conclusive to
establish that the Premises are in good and satisfactory condition as of the date of entry.
1.4. Non-exclusive and Revocable Nature of Permit. The Permit granted herein is not
exclusive and SANBAG specifically reserves the right to grant other permits within the
Premises. Permittee agrees that notwithstanding the Improvements made by Permittee
to the Premises or other sums expended by Permittee in furtherance of this Permit, the
Permit granted herein is fully revocable by SANBAG in accordance with the terms of
this Permit.
2. TERM AND TERMINATION
2.1 The term of this Permit shall commence upon the"Commencement Date" specified in
Item 4 of the Basic Permit Provisions and shall continue until the "End Date" specified in
Item 4 of the Basic Permit Provisions; provided, however, that SANBAG may revoke
this Permit and deny further entry onto the Premises in accordance with the provisions
hereof, including:
(a) Without cause and in SANBAG's sole and absolute discretion,by providing Permittee
with 24 hours' prior notice; or
(b) Immediately and without notice upon any breach (Section 8) of this Permit by
Permittee.
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(c) The day upon which termination of this Permit is effective in accordance with (a) or
(b) above shall be known as the "Termination Date."
2.2 Termination of Use and Restoration of Premises. Upon the Termination Date, unless
otherwise requested in writing by SANBAG prior to the Termination Date, Permittee, at
its own cost and expense, shall immediately remove all personal property and equipment
and restore the Premises as nearly as possible to the same state and condition as existed
prior to the entry. Should Permittee fail to comply with the requirements of the preceding
sentence, SANBAG may at its option (i)perform the same at Permittee's expense
(including costs, interest, and fees), which Permittee agrees to pay to SANBAG on
demand, and/or(ii) assume title and ownership of such personal property and equipment.
No termination hereof shall release Permittee from any liability or obligation hereunder,
whether of indemnity or otherwise, resulting from any acts, omissions or events
happening prior to the date the Premises is restored.
2.3 Penalty. If Permittee fails to terminate use of the Premises and/or restore the Premises as
required in Item 2.2 above, on or before the Termination Date or the date this Permit
expires, then, in addition to any and all other remedies available to SANBAG under the
terms of this Permit or at law or equity,Permittee shall pay a Penalty equal to twice the
applicable Use Fee calculated and payable on a daily basis, for the number of days
(partial days counting as whole days)from the Termination Date to the date that
Permittee has terminated use and restored the Premises to the required condition.
Permittee shall indemnify SANBAG against all liabilities, costs and damages, including
reasonable attorneys' fees, sustained by SANBAG by reason of such failure to terminate
and restore.
3. PAYMENTS
3.1. Basic Payments. The sums specified to be paid by Permittee in Item 5 of the Basic
Permit Provisions shall constitute"Pam." Upon execution of this Permit, Permittee
shall pay to SANBAG such sums as are specified in Items 5.A and 5.B (i) and (ii) of the
Basic Permit Provisions, if any. If Item 5.B (iii) of the Basic Permit Provisions is
checked, Permittee shall deliver to SANBAG a business operating statement showing all
gross revenues and certified by Permittee as being correct,together with the outstanding
amount of the Payment required hereunder, at the address set forth in Item 1 of the Basic
Permit Provisions no later than five(5) days after the expiration or earlier termination of
this Permit. If Item 5.B (iv) is checked,payment, such sums shall be paid as specified in
Item 53 (iv).
3.2. Late Charge. Permittee acknowledges that late payment by Permittee of any Payment
owed to SANBAG under this Permit will cause SANBAG to incur costs not
contemplated by this Permit, the exact amount of such costs being extremely difficult
and impracticable to determine. Therefore,if any Payment due from Permittee is not
received by SANBAG within five (5) days of when due,Permittee shall pay to
SANBAG an additional sum of ten percent (10%) of the overdue Payment as a late
charge,up to a maximum amount of$500 for each late payment. The Parties agree that
this late charge represents a fair and reasonable estimate of the administrative costs that
16-1001418 Right-Of-Entry Permit 2
Form Approved 4/20/15
SANBAG will incur by reason of a late payment by Permittee. Acceptance of any late
payment charge shall not constitute a waiver of Permittee' s default with respect to the
overdue Payment, nor prevent SANBAG from exercising any of the other rights and
remedies available to SANBAG under this Permit, at law or in equity. In addition, any
payment not made within 15 days of when due shall bear interest at the rate of eighteen
percent(18%) per annum, or the highest legally allowable rate, whichever is lower,until
paid in full.
4. SECURITY DEPOSIT
Upon execution of this Permit and in addition to the Payment described in Section 3 of the Basic
Permit Provisions, SANBAG may require Permittee to pay SANBAG a security deposit in the
amount set forth in Item 6 of the Basic Permit Provisions ("Security Deposit"), which sum shall
be held by SANBAG in its general fund, without obligation for interest, as security for the
faithful performance by Permittee of all of the terms, covenants, conditions and obligations of
this Permit. If at any time Permittee fails to keep and perform any of the terms, covenants, and
conditions of this Permit, including making any Payment required hereunder, SANBAG may, at
its sole option, apply all or any portion of the Security Deposit to any overdue Payment and/or
any loss or damage incurred by SANBAG by reason of Permittee' s default or breach. Within a
reasonable time after termination of this Permit and after Permittee has vacated the Premises,
SANBAG shall return,without interest, said deposit or portion remaining, if any, after
deductions for an amount equal to any unpaid Payments and any losses or damage sustained by
SANBAG due to any breach or default by Permittee or any damatp
ge to the Premises or any
failure to restore the Premises to the required condition.
5. TAXES
Permittee shall be liable for and agrees to pay promptly and prior to delinquency any tax or
assessment, including but not limited to any possessory interest tax as described in California
Revenue and Taxation Code Section 107,levied or assessed by any governmental authority: (a)
against the Improvements, the Premises and/or any personal property, fixtures, and/or equipment
located or placed on the Premises, whether owned by the Permittee, or any person or entity
acting for or at the request of Permittee; or(b) as a result of the Permittee' s or the
Improvements' operations.
6. LIENS
Permittee will fully and promptly pay for all materials joined or affixed to the Premises, and
fully and promptly pay all persons who perform labor upon the Premises. Permittee shall not
suffer or permit to be filed or enforced against the Premises, or any part thereof, any mechanics',
materialmen's, contractors', or subcontractors' liens or stop notices arising from, or any claim
for damage growing out of, any testing,investigation,maintenance,Work, activities, or
operations of Permittee, or out of any other claim or demand of any kind. The term "Work"
under this Permit means any construction, reconstruction,installation, restoration, alteration,
repair, replacement or removal, other than normal maintenance. Permittee shall provide
SANBAG with immediate written notice of any such liens,claims, demands, or stop notices that
are placed against the Premises. Permittee shall pay or cause to be paid all such liens, claims or
demands, including sums due with respect to stop notices,together with attorney's fees incurred
16-1001418 Right-Of-Entry Permit 3
Form Approved 4/20/15
by SANBAG with respect thereto, within ten (10) business days after notice thereof and shall
indemnify, hold harmless and defend SANBAG from any and all such obligations and claims,
including attorney's fees. Permittee shall furnish evidence of payment upon request of
SANBAG. Permittee may contest any lien, claim or demand by furnishing a statutory lien bond
or equivalent with respect to stop notices to SANBAG in compliance with applicable California
law. If Permittee does not discharge any mechanic's lien or stop notice for works performed for
Permittee, SANBAG shall have the right to discharge same (including by paying the claimant)
and Permittee shall reimburse SANBAG for the cost of such discharge, as well as any associated
costs and fees, within ten (10) business days after billing. In such circumstances, Permittee shall
pay an additional fee to SANBAG of twenty five percent (25%) of the costs of the discharge of
the Iien or stop notice in order to cover SANBAG's administrative costs. SANBAG reserves the
right at any time to post and maintain on the Premises such notices as may be necessary to
protect SANBAG against liability for all such liens and claims. The provisions of this section
shall survive the termination of this Permit.
7. ASSUMPTION OF RISK AND WAIVER
To the maximum extent allowed by law, Permittee assumes any and all risk of loss, damage or
injury of any kind to any person or property, including without limitation, the SANBAG
Property, the Premises and any other property of, or under the control or custody of, Permittee,
which is on or near the Premises. Permittee' s assumption of risk shall include, without
limitation,loss or damage caused by defects in any structure or improvement on the Premises,
accident or fire or other casualty on the Premises, or electrical discharge, noise or vibration
resulting from SANBAG's transit operations on or near the Premises. The term "SANBAG" as
used in this section shall include: (i) any transit or rail-related company validly operating upon or
over SANBAG's tracks or other property, and(ii) any other persons or companies employed,
retained or engaged by SANBAG. Permittee, on behalf of itself and its officers, directors,
affiliates, employees, agents, independent contractors and subcontractors and anyone directly or
indirectly employed by or for whose acts Permittee is liable (collectively, "Personnel ') as a
material part of the consideration for this Permit, hereby waives all claims and demands against
SANBAG for any such loss, damage or injury of Permittee and/or its Personnel. In that
connection,Permittee waives the benefit of California Civil Code Section 1542, which
provides as follows:
A general release does not extend to claims which the creditor does
not know or suspect to exist in his favor at the time of executing the
release,which if known by him must have materially affected his
settlement with the debtor.
The provisions of this section shall survive the termination of this Permit.
S. BREACH AND REMEDIES.
8.1 Permittee Default. Permittee shall be deemed to have breached and be in default under
this Permit when any of the following occurs:
8.1.1. Permittee shall fail to make any payment or any reimbursement to SANBAG
required herein when due;
16-1001418 Right-Of-Entry Permit 4
Form Approved 4120/15
8.1.2. Permittee shall fail to comply with any other term, provision or covenant of this
Permit, and shall not cure such failure within three(3) days after written notice
thereof to Permittee; or
8.1.3. Permittee shall create or maintain, or allow any other person or entity to create or
maintain, any public nuisance or any condition that fails to comply with any
federal, state, SANBAG or rail operator specifications or safety regulations or that
presents a danger to public safety or a safety hazard to any operations, personnel,
passengers or property of SANBAG or any rail carrier operating upon the affected
rail line(s) on the Premises or SANBAG's adjacent right of way.
8.2. SANBAG's REMEDIES. Upon the occurrence of Permittee' s breach, or failure
to keep, observe or perform any agreement, covenant, term or condition on Its part herein
contained, then, in addition to any other available rights and remedies, SANBAG at its option
may:
8.2.1. Revocation. Thereafter, with or without written notice or demand, SANBAG may
immediately revoke and terminate this Permit at any time, and deny access to the
Premises or any part thereof, and expel and remove therefrom by lawful means
Permittee and any other person occupying the Premises, and again repossess and
enjoy the Premises,without prejudice to any other remedies that SANBAG may
have under this Permit, at law or equity by reason of Permittee' s default or of such
revocation and termination.
8.2.2. Corrective Measures. Perform any corrective measures deemed by SANBAG in
its sole and absolute discretion to be necessary or appropriate to protect public
health or safety, or SANBAG'S legitimate governmental or proprietary interests or
the interests of its railroad operators, at Permittee' s expense(including fees, costs
and interest)which Permittee agrees to pay to SANBAG upon demand.
8.2.3. Costs. If SANBAG incurs any cost or expense occasioned by the default of
Permittee(Including but not limited to attorneys' fees and costs), then SANBAG
shall be entitled to receive such costs together with interest on all funds SANBAG
expends at the lesser of Eighteen Percent (18%) per annum or the maximum rate
allowed by law, whichever is lower, including without limitation,brokers' fees
incurred by SANBAG in connection with relicensing the whole or any part of the
Premises; the costs of removing and storing Permittee' s or other's property; the
costs of repairing, altering, and/or otherwise restoring the Premises to a safe and
suitable condition, useable and acceptable to SANBAG and rail operators; and all
reasonable expenses incurred by SANBAG in enforcing or defending SANBAG's
rights and remedies,including reasonable attorneys' fees whether or not suit is
actually filed.
8.2.4. Remedies Cumulative. All rights,privileges and remedies of SANBAG are
cumulative and not alternative or exclusive to the extent permitted by law except as
otherwise provided herein.
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Form Approved 4120115
9. INDEMNIFICATION
9.1. Permittee, on behalf of itself and its successors and assigns, agrees to indemnify, defend
(by counsel satisfactory to SANBAG), and hold harmless SANBAG, in all its capacities,
and its members, commissioners, officers, directors, employees, agents, consultants,
contractors, partners, affiliated entities, subsidiaries, permittees, licensees, successors
and assigns (individually and collectively, "Indemnitees"),to the maximum extent
allowed by law, from and against all loss,liability, claims, demands, suits, liens, claims
of lien, damages (including consequential damages),costs and expenses (including,
without limitation, any fines,penalties,judgments,litigation expenses, and experts' and
attorneys' fees),that are incurred by or asserted against Indemnitees arising out of or
connected in any manner with (i) the acts or omissions to act of the Permittee, or its
Personnel (as defined in Section 7, Assumption of Risk and Waiver) or invitees of
Permittee in connection with the SANBAG Property or the presence upon or
performance of activities by Permittee or its Personnel with respect to the SANBAG
Property, (ii) bodily injury to or death of any person (including employees of
Indemnitees) or damage to or loss of use of property resulting from such acts or
omissions of Permittee or its Personnel, or(iii) non-performance or breach by Permittee
or its Personnel of any term or condition of this Permit, in each case whether occurring
during the Term of this Permit or thereafter.
9.2. The Permittee acknowledges that any construction allowed on the Premises pursuant to
this Permit is not being performed for SANBAG's benefit or on SANBAG's account
and that this is an agreement allowing Permittee and/or its contractor(s) to enter upon
SANBAG's Property as an accommodation within the meaning of California Civil Code
Section 2782.1. Therefore, the foregoing indemnity shall be effective regardless of any
negligence (whether active, passive, derivative,joint, concurring or comparative) on the
part of Indemnitees, unless caused solely by the gross negligence or willful misconduct
of Indemnitees; and is in addition to any other rights or remedies which Indemnitees
may have under the law or under this Permit. Upon request of SANBAG,Permittee
shall provide insurance coverage for possible claims or losses covered by the
indemnification and defense provisions of this Permit.
9.3. Claims against the Indemnitees by Permittee or its Personnel shall not limit the
Permittee' s indemnification obligations hereunder in any way, whether or not such
claims against Indemnitees may result in any limitation on the amount or type of
damages, compensation, or benefits payable by or for Permittee or its Personnel under
workers' compensation, disability benefits or other employee benefits laws or insurance.
9.4. The indemnification and defense obligations of Permittee set forth in this section shall
survive the termination or expiration of this Permit.
10.INSURANCE
10.1. SANBAG's Insurance. SANBAG may maintain insurance covering the Premises
and SANBAG's ownership and operation thereof in such types and amounts as it deems
necessary in its sole discretion. Such insurance shall be for the sole benefit of SANBAG
and under its sole control. Permittee' s insurance policies shall provide primary
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Form Approved 4/20/15
coverage to SANBAG; when any such policy issued to SANBAG provides duplicate
coverage or is similar in coverage, SANBAG's policy will be excess over Permittee' s
policies.
10.2. Permittee' s Insurance. Permittee, at its sole cost and expense, shall obtain and
maintain in full force and effect during the term of this Permit insurance as required by
SANBAG in the amounts and coverages specified and issued by insurance companies as
described on Exhibit"B". SANBAG reserves the right, throughout the term of this
Permit, to review and change the amount and type of insurance coverage it requires in
connection with this Permit or Work to be performed on the Premises. Prior to
(i) entering the Premises or(ii) performing any Work or maintenance on the Premises,
Permittee shall furnish SANBAG with insurance endorsements or certificates
evidencing the existence, amounts and coverages of the insurance required to be
maintained hereunder. SANBAG shall not be liable for the payment of any premiums or
assessments for insurance required to be maintained by Permittee under this Permit.
Self-insurance is not permitted. However, SANBAG may, in its sole and absolute
discretion, permit self-insurance on a case by case, coverage by coverage,basis where
the Permittee has documented, to SANBAG's sole satisfaction, sufficient available
assets and/or available funds and sufficient legal security in those assets to assure
SANBAG that its risk is not greater than it would have been with acceptable insurance
coverage, and otherwise meeting SANBAG's self-insurance requirements. The
privilege to self-insure with respect to any coverage required to be maintained hereunder
may be granted or revoked by SANBAG at its sole and absolute discretion at any time.
Upon revocation of self-insurance privilege,Permittee shall immediately provide all
required insurances.
10.3. Increases to Insurance. If any increase in the fire and extended coverage
insurance premiums paid by SANBAG is caused by Permittee' s use and occupancy of
the Premises, or if Permittee vacates the Premises and causes any increase in such
premiums, then Permittee shall pay as an additional fee the amount of such increase to
SANBAG, and, upon demand by SANBAG, the amount required to correct at Permittee'
s expense the cause of such disallowance, penalty or surcharge to the satisfaction of the
particular insurance authority.
11.MAINTENANCE AND REPAIR
Permittee, at Permittee' s sole expense, shall during the Term of this Permit maintain any
improvements on the Premises in a first-class condition, shall maintain the Premises in a good
condition, free from weeds, litter, debris,refuse or other nuisances, and shall perform all
maintenance and clean-up of the Premises as necessary to keep the Premises in good order and
condition, to SANBAG's sole satisfaction. If any portion of the SANBAG Property, including
improvements or fixtures, suffers damage by reason of the access to or use of the Premises by
Permittee or Permittee' s employees, agents, customers, visitors, invitees, licensees, consultants,
and contractors (collectively, "Permittee' s Parties"),including but not limited to damage arising
from any tests or investigations conducted upon the Premises, Permittee shall, at its own cost and
expense, immediately repair all such damage and restore the SANBAG Property to as good a
condition as before such cause of damage occurred. Repair of damage shall include,without
limitation, regrading and resurfacing of any holes, ditches,indentations, mounds or other inclines
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created by any excavation by Permittee or Permittee' s Parties. Permittee shall not perform any
maintenance on railroad tracks and facilities without express prior written approval of and
direction from SANBAG or the railroads with valid operating authority over SANBAG's lines.
12.ALTERATIONS AND CONSTRUCTION
Except as otherwise provided herein,Permittee shall make no alterations, additions or
improvements to the Premises without obtaining the prior written consent of SANBAG in each
instance. Any Work performed or caused to be performed by Permittee on the Improvements or
the Premises shall be performed(a) at Permittee' s sole cost and expense; (b) in accordance with
any and all applicable permit requirements, laws, rules, regulations and safety requirements
(including SANBAG's rules and regulations), and (c) in a manner which is (i) equal to or greater
than the then applicable standards of the industry for such Work, and (ii) satisfactory to
SANBAG. Prior to commencement of any Work on the Premises, Permittee shall submit Work
plans to SANBAG for review and approval. Permittee shall notify SANBAG in writing at least
fourteen (14) calendar days prior to the commencement of any Work in or about the Premises.
SANBAG shall have the right at any time and from time to time to post and maintain notices of
non-responsibility. If SANBAG consents to the construction of improvements by Permittee, all
such Work shall be carried out in compliance with any and all SANBAG rules,regulations and
requirements. Unless otherwise requested by SANBAG,upon completion of any Work;
Permittee shall restore the SANBAG Property to its condition immediately preceding the
commencement of such Work.
13. CONTRACTORS; APPROVAL AND INSURANCE
Any contractors of Permittee performing Work on the Improvements or the Premises shall first
be approved in writing by SANBAG and acquire all required right of entry permits and
authorizations from SANBAG and any rail operator utilizing affected or adjacent railroad tracks.
With respect to such Work, Permittee shall, at its sole cost and expense, obtain and maintain in
full force and effect throughout the term of such Work, insurance, as required by SANBAG, in
the amounts and coverage specified on and issued by insurance companies as described in
Exhibit"B". Additionally,Permittee shall cause any and all of its contractors and subcontractors
which may (i) be involved with such Work, or (ii)may,for any reason, need to enter onto the
Premises, to obtain and maintain in full force and effect during the Term of this Permit, or
throughout the term of such Work (as applicable), insurance, as required by SANBAG, in the
amounts and coverage specified on, and issued by insurance companies as described in, Exhibit
"B". SANBAG reserves the right, throughout the Term of this Permit, to review and change the
amount and type of insurance coverage it requires in connection with this Permit or the Work to
be performed on the Premises.
14. REIMBURSEMENT
Permittee agrees to reimburse SANBAG for all reasonable costs and expenses that SANBAG
incurs in connection with Work on or maintenance of the Premises or the Improvements,
including, but not limited to, costs incurred by SANBAG in furnishing any materials or
performing any labor, reviewing Permittee' s Work plans and inspecting any Work, installing or
removing protection beneath or along SANBAG's tracks, furnishing of watchmen, flagmen and
inspectors as SANBAG deems necessary and such other items or acts as SANBAG in its sole
16-1001418 Right-Of-Entry Permit 8
Form Approved 4/20115
discretion deems necessary to monitor or aid in compliance with this Permit, protect the safety
of, and railway operations upon, its tracks and right-of-way, and to otherwise protect its interests.
The costs and expenses addressed in this Section 14 shall include all costs that SANBAG incurs
in complying with the Work or maintenance requirements of the railroads with valid operating
authority over SANBAG's lines.
15. LANDSCAPING
If required by SANBAG, then Permittee, at its sole cost and expense, shall install barrier
landscaping to shield the Improvements from public view. SANBAG shall have the right to
review and approve landscaping plans prior to installation. All landscaping activities shall be
done in accordance with the provisions of Section 12 above (Alterations and Construction).
16. MARKERS
Except as modified by any additional provisions attached at Exhibit "D",project markers in form
and size satisfactory to SANBAG, identifying the Improvements and their owner(s), shall be
installed and constantly maintained by and at the expense of Permittee at such locations as
SANBAG shall designate. Such markers shall be relocated or removed upon request of
SANBAG without expense to SANBAG. Absence of markers in or about SANBAG Property
does not constitute a warranty by SANBAG of the absence of subsurface installations.
17. COMPLIANCE WITH LAWS
Permittee shall comply with all applicable federal, state and local laws,regulations, rules and
orders in its Work on, or maintenance, inspection, testing or use of, the SANBAG Property, and
shall furnish satisfactory evidence of such compliance promptly upon request of SANBAG.
Permittee shall obtain all required permits or leases required by any governmental authority for
its use of the Premises, at its sole cost and expense. Permittee shall comply with all SANBAG
policies, rules and regulations applicable to its properties. Subject to SANBAG's approval,
Permittee shall at its own cost and expense install and construct all physical improvements to or
needed to serve the Premises that are required by any federal, state or local building code or
other law or regulation applicable to the Premises, or that are made necessary by the nature of
Permittee' s use of the Premises. Permittee shall promptly comply with all governmental orders
and directives for the correction, prevention and abatement of nuisances in or upon, or connected
with, the Premises, all at Permittee' s sole expense.
18. SANBAG'S RIGHT OF ACCESS
18.1. Inspections. SANBAG shall have the right at any time (upon provision of
reasonable notice of inspection to Permittee) or in case of emergency (without notice), to
inspect the Premises in order to protect SANBAG's interests therein and to monitor
compliance with this Permit, including compliance with applicable federal, state and
local laws,regulations, rules and orders. Failure to submit to or cooperate with any
inspection may result in termination of the Permit.
18.2. Tests. If, in SANBAG's sole judgment, any installation on, or use or condition of
the Premises may have an adverse effect on the Premises or SANBAG Property,
16-1001418 night-Of-Entry Permit 9
Form Approved 4/20115
adjacent property or SANBAG's operations, SANBAG shall be permitted to conduct
any tests or assessments, including but not limited to environmental assessments, of, on
or about the Premises, as it determines to be necessary or useful to evaluate the
condition of the Premises. Permittee shall cooperate with SANBAG in any tests or
inspections deemed necessary by SANBAG.
18.3. Costs. Permittee shall pay or reimburse SANBAG, as appropriate, for all
reasonable costs and expenses incurred due to tests,inspections or any necessary
corrective Work, maintenance and inspections thereafter. SANBAG may establish an
inspection fee, which may be changed from time to time, as part of an inspection
program. The user shall pay such fee for each such inspection. Failure to pay the fee
may result in termination of the Permit.
18.4. Sale or Lease of Premises. SANBAG may at any time place on or about the
Premises (including any improvements) any ordinary "for sale" and"for lease" signs.
Permittee shall also permit SANBAG and its agents, upon request,to enter the Premises
or any part thereof, at reasonable times during normal business hours, to show the
Premises to prospective tenants,purchasers or mortgagees.
19. ENVIRONMENTAL ASSESSMENT
Upon execution of this Permit, SANBAG may, in its sole discretion and if applicable, require
Permittee to retain a duly licensed environmental consultant acceptable to SANBAG who shall
perform an environmental assessment of the Premises and Permittee' s and Permittee' s Parties'
business activities and prepare a report on Permittee' s and/or Permittee' s Parties' compliance
with the provisions of this section. SANBAG may, if applicable, require Permittee to cause a
similar environmental assessment to be conducted on an annual basis, and/or upon or within one
(1) year after the expiration or earlier termination of this Permit,the cost of which shall be the
sole responsibility of Permittee. Permittee shall provide a copy of the report or reports from the
consultant(s)promptly to SANBAG upon receipt and upon request shall promptly provide to
SANBAG a copy of all data, documents and other information prepared or gathered in
connection therewith.
20.HAZARDOUS/TOXIC MATERIAL USE AND INDEMNITY
20.1. Permittee shall operate and maintain the Premises in compliance with all, and
shall not cause or permit the Premises to be in violation of any, Environmental Law
which is now or may hereafter become applicable to Permittee or the Premises. As used
herein, "Environmental Law" means any federal, state or local environmental,health
and/or safety-related Iaws, regulation, standard, decision of a court, permit or permit
condition,currently existing or as amended or adopted in the future. Except for
Hazardous Material expressly approved by SANBAG in writing as shown on Exhibit
"C", Permittee shall not cause or permit, or allow any of Permittee' s Parties to cause or
permit, any Hazardous Material to be brought upon, stored, used, generated, treated or
disposed of on or about the Premises. Any Hazardous Material on the site shall be
stored, used, generated and disposed of in accordance with all applicable Environmental
Laws. As used herein, "Hazardous Material"means any chemical, substance or
material, including any mixture or solution, which by virtue of its properties or effects is
16-100 1418 Right-Of-Entry Permit to
Form Approved 4/20/15
potentially harmful to health, safety or property, or which is now or becomes in the
future listed, defined or regulated in any manner under any Environmental Law as a
hazardous or dangerous material or substance.
20.2. Permittee shall indemnify, defend (by counsel acceptable to SANBAG) and hold
harmless the Indemnities (as defined in Section 9, Indemnification) from and against all
loss, liability, claim, damage, cost or expense (including without limitation, any fines,
penalties,judgments, litigation expenses, attorneys' fees, and consulting, engineering,
and construction fees and expenses) incurred by Indemnitees as a result of(a)Permittee'
s breach of any prohibition or provision of this section, or(b) any release of Hazardous
Material upon or from the Premises or contamination of the Premises or adjacent
property (i)which occurs due to the use and occupancy of the Premises by Permittee or
Permittee' s employees, agents, customers, visitors, invitees, licensees or contractors,or
(ii) which is made worse due to the act or failure to act of Permittee or Permittee' s
Parties.
20.3. The foregoing indemnity shall be effective regardless of any negligence(whether
active,passive, derivative,joint,concurring or comparative) on the part of Indemnitees,
unless caused solely by the gross negligence or willful misconduct of Indemnitees; shall
survive termination of this Permit; and is in addition to any other rights or remedies
which Indemnitees may have under the law or under this Permit.
20.4. In addition, in the event of any release on or contamination of the Premises,
Permittee, at its sole expense, shall promptly take all actions necessary to clean up the
affected property(including the Premises and all affected adjacent property—whether or
not owned by SANBAG) and to return the affected property to the condition existing
prior to such release or contamination, to the satisfaction of SANBAG and any
governmental authorities having jurisdiction.
21.. PERMITTEE'S COVENANTS
Permittee shall:
(a) Deliver, at least five (5) days prior to any entry onto the Premises,written notice to
SANBAG of its intention to enter the Premises, the proposed date and time of such
entry and the nature, specific location and scope, of any proposed activity upon the
Premises that are consistent with the terms of the Permit. Permittee may enter only on
the dates and times specified in such notices.
(b) Enter upon and use the Premises in such manner and at such time as shall not endanger
or interfere with SANBAG's operations and in accordance with the regulations of
SANBAG and instructions of SANBAG's representative. Permittee shall submit to
SANBAG for approval all Work details and incidentals insofar as they affect
SANBAG.
(c) Provide and maintain, at Permittee' s expense,from providers approved by SANBAG,
competent flagmen to protect and control movement of vehicles and equipment of
16-1001418 Right-Of-Entry Permit 11
Form Approved 4120115
Permittee or any other user of the Premises while upon the Premises, consistent with
any applicable laws and regulations regarding work protection.
(d) Notify SANBAG within three (3) days after all entry onto the Premises hereunder is
completed.
(e) Keep all equipment, tools and materials stored at least twenty (20) feet from the center
line of any operable track. Explosives or other highly inflammable substances will not
be stored on the Premises without the prior written approval of SANBAG's
representative.
(f) Reimburse SANBAG for all cost and expense incurred by SANBAG in connection
with said entry onto the Premises, including without limitation the expense of
furnishing such inspectors, watchmen and flagmen as SANBAG deems necessary and
installation and removal of falsework beneath tracks.
22. BROKER'S FEES
Permittee agrees to indemnify and hold SANBAG harmless from and against any claims by any
broker, agent or other person claiming a commission or other form of compensation by virtue of
having dealt with Permittee with regard to obtaining this Permit.
23. SUBORDINATE RIGHTS
This Permit is subject and subordinate to the prior and continuing right and obligation of
SANBAG, its successors and assigns, to use the SANBAG Property or any portion thereof in the
exercise of its powers and in the performance of its duties,including those as a public
transportation body, and to SANBAG Bonds issued by SANBAG from time to time.
Accordingly,there is reserved and retained unto SANBAG, its successors, assigns and
permittees, the right to construct,reconstruct, operate, maintain, use and/or relocate existing and
future rail tracks, facilities and appurtenances and existing and future transportation,
communication, pipeline and other facilities and appurtenances in, upon, over, under, across and
along the SANBAG Property or any portion thereof, and in connection therewith the right to
grant and convey to others, rights and interests to the SANBAG Property or any portion thereof.
This Permit is subject to all licenses, leases, easements, reservations,restrictions, conditions,
covenants, encumbrances, liens, claims and other matters of title("title exceptions") which may
affect the Premises now or hereafter, and this Permit is executed and delivered by SANBAG
without any warranty of title, express or implied, and the words "grant' or "convey' as used
herein shall not be construed as a warranty of title or as a covenant against the existence of any
such title exception.
24. GENERAL PROVISIONS
24.1. Notices. All notices and demands which either of the Parties is required to or
desires to give to the other shall be made in writing by personal delivery,by express
courier service or by certified mail postage prepaid, and addressed to the other Party at
its address set forth in the Basic Permit Provisions. Either of the Parties may change its
address for the receipt of notice by giving written notice thereof to the other Party in the
1 6-1 00 141 8 night-Of-Entry Permit 12
Form Approved 4/20115
manner herein provided. Notices shall be effective only upon receipt by the Party to
whom notice or demand is given.
24.2. Governing Law. This Permit shall be governed by the laws of the State of
California.
24.3. BindingEffect. The terms, provisions and covenants and conditions contained in
this Permit shall apply to,inure to the benefit of, and be binding upon, the parties hereto
and upon their respective heirs,legal representatives, successors and permitted assigns,
except as otherwise herein expressly provided. If more than one person executes this
Permit as Permittee,then each shall be jointly and severally liable for all obligations of
Permittee hereunder.
24.4. No Third Party Beneficiaries. This Permit is not intended by either party to
confer any benefit on any third party other than the constituent members of SANBAG,
including without limitations any broker, finder, or brokerage firm.
24.5. Severability. If any term, covenant, condition or provision of this Permit, or the
application thereof to any person or circumstance, shall to any extent be held by a court
of competent jurisdiction to be invalid, void or unenforceable, the remainder of the
terms, covenants, conditions, or provisions of this Permit, or the application thereof to
any person or circumstance, shall remain in full force and effect and shall in no way be
affected, impaired or invalidated thereby.
24.6. Interest on Past-due Obligations. Except as expressly herein provided, any
amount due to SANBAG that is not paid when due shall bear interest, from the date due,
at the maximum rate then allowable by law. Such interest will be due SANBAG as it
accrues. Payment of such interest shall not excuse or cure any default by Permittee
under this Permit, provided,however, that interest shall not be payable on late charges
incurred by Permittee.
24.7. Cations. The captions included in this Permit are for convenience only and in no
way define,limit, or otherwise describe the scope or intent of this Permit or any
provision hereof, or in any way affect the interpretation of this Permit.
24.8. Survival of Obligations. All obligations of Permittee hereunder not fully
performed as of the expiration or earlier termination of the Term of this Permit shall
survive the expiration or earlier termination of this Permit, including without limitation
all indemnity and defense obligations, all payment obligations with respect to Payments
and all obligations concerning the condition of the SANBAG Property.
24.9. Waiver of Covenants or Conditions. The waiver by either Party of any term,
covenant, agreement or condition under this Permit shall not invalidate this Permit, nor
shall it be considered a waiver by it of any other covenant or condition or of the same
covenant or condition in another instance. To the extent patterns of practice between the
Parties are inconsistent with the terms of this Permit, such patterns of practice shall not
waive in part or in full SANBAG's right to insist upon strict accordance with any of the
provisions of this Permit. The subsequent acceptance of Payments hereunder by
16-1001418 Right-Of-Entry Permit 13
Form Approved 4/20/15
SANBAG shall not be deemed to be a waiver of any preceding breach by Permittee of
any provisions, covenant, agreement or condition of this Permit, other than the failure of
Permittee to pay the particular Payment so accepted, regardless of SANBAG's
knowledge of such proceeding breach at the time of acceptance of such Payment.
24.10. Effective Date/Nonbinding_Offer. Submission of this Permit for examination or
signature by Permittee does not constitute an offer of or option for a permit, and it is not
effective as a permit or otherwise until executed and delivered by both SANBAG and
Permittee. Each individual executing this Permit on behalf of SANBAG or Permittee
represents and warrants to the other Party that he or she is authorized to do so.
24.11. Nontransferable Permit. This Permit and the permit granted herein are personal to
Permittee. Permittee shall not assign or transfer(whether voluntary or involuntary) this
Permit in whole or in part, or permit any other person or entity to use the rights or
privileges hereby conveyed. Any attempted act in violation of the foregoing shall be
void and without effect and be a material breach of this Permit, which gives SANBAG
the right to immediately terminate this Permit and seek all other available remedies for
breach.
24.12. Entire Agreement; Amendments. This Permit, including all attached Exhibits,
constitutes the entire agreement between the Parties and supersedes all prior verbal or
written agreements and understandings between the Parties with respect to the items set
forth in this Permit. The Parties each acknowledge that no representations, inducements,
promises or agreements, oral or written, have been made by either SANBAG or
Permittee, or anyone acting on behalf of SANBAG or Permittee, other than those
contained in this Permit. No amendments, changes, revisions, or discharges, at any time
in whole or in part, of this Permit shall be binding unless in writing and duly executed
by SANBAG.
24.13. Attorneys' Fees. If either SANBAG or Permittee commences or engages in, or
threatens to commence or engage in, an action by or against the other party arising out
of or in connection with this Permit or the Premises, the prevailing party shall be entitled
to have and recover from the losing party reasonable attorneys' fees and other costs
incurred in connection with the action,preparation for such action, any appeals relating
thereto and enforcing any judgments rendered in connection therewith. If SANBAG
becomes involved in any action,threatened or actual, by or against anyone not a party to
this Permit,but arising by reason of or related to any act or omission of Permittee or
Permittee' s Parties,Permittee agrees to pay SANBAG's reasonable attorneys' fees and
other costs incurred in connection with the action, preparation for such action, any
appeals relating thereto and enforcing any judgments rendered in connection therewith.
24.14. Nondiscrimination. Permittee certifies and agrees that all persons employed by
Permitttee and
24.15. Permittee' s affiliates, subsidiaries, or holding companies, and any contractors
retained by Permittee with respect to the Premises, are and shall be treated equally
without regard to or because of race, religion, ancestry, national origin, or sex, and in
compliance with all federal and state laws prohibiting discrimination in employment,
16-1001418 Right-Of-Entry Permit 14
Form Approved 4/20/15
including but not limited to the Civil Rights Act of 1954; the Unruh Civil Rights Act;
the Cartwright Act; and the California Fair Employment Practices Act.
24.16. Further Acts. Permittee agrees to perform any further acts and to execute and
deliver in recordable form any documents which may be reasonably necessary to carry
out the provisions of this Permit.
24.17. Time of Essence. Time is of the essence for this Permit.
24.18. Certificates. Permittee agrees from time to time within ten (10) days after request
of SANBAG, to deliver to SANBAG, or SANBAG's designee, all financial statements
for the previous three (3) fiscal years of Permittee, and an estoppel certificate stating that
this Permit is in full force and effect, the date to which all applicable payments have
been paid, the unexpired Term of this Permit and such other matters pertaining to this
Permit as may be requested by SANBAG.
24.19. Security Measures. Permittee hereby acknowledges that the Payments payable to
SANBAG hereunder do not include the cost of guard service or other security measures,
and that SANBAG shall have no obligation whatsoever to provide same. Permittee
assumes all responsibility for the protection of Permittee, Permittee' s Parties and their
property from acts of third parties.
24.20. Performance Under Protest. If at any time a dispute shall arise as to any amount
or sum of money to be paid by one Party to the other under the provisions hereof, the
Party against whom the obligation to pay the money is asserted shall have the right to
make payment"under protest" and such payment shall not be regarded as a voluntary
payment, and there shall survive the right on the part of said party to institute suit for
recovery of such sum. If it shall be adjudged that there was no legal obligation on the
part of said Party to pay such sum or any part thereof, said Party shall be entitled to
recover such sum or so much thereof as it was not legally required to pay under the
provisions of this Permit.
24.21. No Recording. Permittee shall not record or permit to be recorded in the official
records of the county where the Premises is located,this Permit, any memorandum of
this Permit or any other document giving notice of the existence of this Permit or the
right-of-way permit granted hereby.
24.22. Flagmen. Where applicable, as a part of or in addition to all other safety
obligations,Permittee shall maintain, at Permittee' s expense, competent flagmen to
protect and control movement of vehicles and equipment of Permittee or any other user
of the Premises while upon the Premises,consistent with any applicable laws and
regulations regarding work protection, including the rules and policies of SANBAG
and/or any railroad operator having rights to utilize any affected or adjacent railroad
tracks.
24.23. Additional Provisions. Those additional provisions set forth in Exhibit "D",if
any, are hereby incorporated by this reference as if fully set forth herein. To the extent
16-1001418 Right-Of--Entry Permit 15
Form Approved 4/20/15
that any additional provisions in Exhibit"D" conflict with the provisions contained in
this Part R, Standard Permit Provisions, the provisions in Exhibit"D" shall control.
16-1001418 Right-Of-Entry Permit 16
Form Approved 4/20/15
Exhibit"A"
Site Plan of Premises
[To Be Inserted]
16-1001418 Right-Of-Entry Permit 1
Form Approved 4/20/15
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APN. EXHIBIT A-1
Date 10/11/2013 SAN BAG#16-1001418
0170-201-31 COOK TO GROVE Branch/Line Mile Post Lessee/Licensee -
01.70-221-10- GROVE TO JUDSON REDLANDS SANBAG 10.1 -11,7 CITY OF REDLANDSSANBAG
0170-281-11 JUDSON TO LINCOLN County- Nearest Cross Street Epic File Number
0170-291-20 LINCOLN TO DEARBORN SAN BERNARDINO GROVE-WABASH RRND007752
0170-301.-03DEABORN TO COLTON Area 1.6 MILTS City Scale SAN BERNARDINO
0168-291-09 COLTON TO WABASH 80,448 LIN FEET REDLANDS 111=30' ASSOCIATED GOVERNMENTS
Map Reference Use Thomas Guide Grid 1170 W.3rd'Street,;2nd Floor
RND4A,B, EPIC 40-45 1CONSTRUCTION 608E7-G5 San Bernardino, OA 92410-1715
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RND4A,B, EPIC 40-45 CONSTRUCTION 608E7-G5 San Bernardino, CA 92410-1715
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APN: EXHIBIT A-3
Date 10/1/12013 SANBAG#16-1001418
Branch/Line Mile Past Lessee/Licensee
REDLANDS SAN BAG 10.1 —11.7 CITY OF REDLANDS SANBAG
County Nearest Cross Street Epic File Number
SAN BERNARDINO GROVE-WABASH RRND007752
Area 1.6 MILES City Scale SAN BERNARDINO
80,448 LIN FEET REDLANDS 1"=30' ASSOCIATED GOVERNMENTS
Map Reference Use Thomas,Guide Grid 1970 W 3rd Street,2nd Floor
RND4A,B, EPIC 40-45 CONSTRUCTION 608E7-G5 San Bernardino, CA 92410-1715
Exhibit `B"
INSURANCE REQUIREMENTS
The holder of the permit, license or lease to which this Exhibit B is attached is hereinafter
referred to as "User", and shall procure and maintain, for the duration of the contract, insurance
against claims for injuries to persons or damages to property that may arise from, or in
connection with, the use of SANBAG property hereunder by the User, its agents, representatives,
employees or subcontractors as follows:
Scope of Coverages and Minimum Limits of Insurance (Check all applicable boxes)
User shall maintain and provide proof of insurance coverage at least as broad as and with
limits no less than the following:
ME1 General Liability: Coverage: Insurance Services Office Commercial General
Liability coverage (occurrence form CG 0001). Minimum limits: $1,000,000 per
occurrence for bodily injury,personal injury and property damage. If Commercial
General Liability Insurance or other form with a general aggregate Iimit is used,
either the general aggregate limit shall apply separately to this project/location or
the general aggregate limit shall be twice the required occurrence limit.
Excess and/or Umbrella insurance coverage shall be in excess over the General
Liability, Auto Liability &Workman's Compensation of:
.Q[D $5,000,000 ❑ $10,000,000
OE] Automobile Liability: Insurance Services Office Form No. CA 0001 (Ed. 1/87)
covering Automobile Liability, code 1 (any auto). $1,000,000 per accident for bodily
injury and property damage.
E[❑ Worker's Compensation insurance as required by the State of California and
Employer's Liability Insurance. $1,000,000 per occurrence for bodily injury or disease.
❑ Course of Construction: Providing coverage for "all risks" of loss in the completed value
of the project.
❑ Property Insurance against all risks of loss to any tenant improvements or betterments.:
Full replacement cost with no coinsurance penalty provision.
❑ Contractors Pollution Liability with coverage for:
a. bodily injury, sickness, disease, mental anguish or shock sustained by any person,
including death;
b. property damage including physical injury to or destruction of tangible property
including the resulting loss of use thereof,clean-up costs, and the loss of use of
tangible property that has not been physically injured or destroyed;
c. defense, including costs, charges and expenses incurred in the investigation,
adjustment or defense of claims for such compensatory damages; and
d. losses caused by pollution conditions that arise from the operations of the
contractor described under the scope of services of this contract.
$1,000,000 per occurrence $2,000,000 annual aggregate.
❑ Railroad Protective Liability Insurance: Coverage: Insurance Services Office Form
Railroad Protective Liability, AAR-AASHTO (ISO/RIMA), in the name of SANBAG
16-1001418 Exhibit B-Insurance Requirements
Form Approved 7/2/14
Exhibit "B"
with respect to the operations they or any of their subcontractors perform on the
Property. Minimum Limits: $2 million per occurrence, combined single limit, for
coverage and for losses arising out of injury to or death of all persons and for physical
loss or damage to or destruction of Property, including the loss of use thereof. A $6
million annual aggregate shall apply. If providing coverage on the London claims-
made form, the following provisions shall apply:
a. The limits of liability shall be not less than $3 million per occurrence, combined
single limit. A$9 million aggregate may apply.
b. Declarations item b, extended claims made date, shall allow an extended claims
made period no shorter than the length of the original policy period plus one year.
c. If equivalent or better, wording is not contained in the policy form, the following
endorsement must be included:
It is agreed that "physical damage to Property" means direct and accidental
loss of or damage to rolling stock and their contents, mechanical construction
equipment or motive power equipment, railroad tracks, roadbed, catenaries,
signals,bridges or buildings.
In cases of low hazard activity and insignificant risk to rail facilities, and if the
exposure to the track is physically separated by a building, floor or a continuous fence
(no thoroughfares) and the employees of the Contractor are explicitly notified,
trained, and supervised such that they are not permitted to have any contact with the
track or its related improvements, the Railroad Protective Liability Insurance
requirement may be waived by SANBAG, or its designated representative, in
SANBAG's sole and absolute discretion, where SANBAG's agreements and
obligations with rail operators allow it.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by SANBAG. At
the option of SANBAG, either: the insurer shall reduce or eliminate such deductibles or self-
insured retentions as respects SANBAG, its officials,employees, members, affiliated entities
(including the San Bernardino Associated Government Joint Powers Authority; the San
Bernardino County Transportation Commission, the San Bernardino County Transportation
Authority,the San Bernardino County Congestion Management Agency, and the San Bernardino
County Service Authority for Freeway Emergencies), contractors, consultants, authorized rail
operators and agents ("Related Parties"); or the User shall procure a bond guaranteeing payment
of losses, and related investigations, claim administration and defense expenses.
Other Insurance Provisions
1. The general liability and automobile liability policies are to contain, or be endorsed to
include, the following provisions:
a. SANBAG and Related Parties are to be covered as insured parties as respects: liability
arising out of activities performed by or on behalf of the User; products and completed
operations of the User; premises owned, occupied or used by the User; and automobiles
owned, leased, hired or borrowed by the User. The coverage shall contain no special
limitations on the scope of protection afforded to SANBAG, or its Related Parties.
16-1001418 Exhibit B-Insurance Requirements
Form Approved 7/2/14
Exhibit`B"
b. For any claims related to this project, the User's insurance coverage shall be primary
insurance as respects SANBAG, and its Related Parties. Any insurance or self-insurance
maintained by SANBAG, or its Related Parties shall be excess of the User's insurance
and shall not contribute with it.
c. Any failure to comply with reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to SANBAG and its Related
Parties.
d. The User's insurance shall apply separately to each insured against whom claim is made
or suit is brought, except with respect to the limits of the insurer's liability.
e. Each insurance policy required by this clause shall be endorsed to state that coverage
shall not be suspended, voided, canceled by either a party, or reduced in coverage or in
limits,except after thirty(30) days' prior written notice by certified mail,return receipt
requested, has been given to SANBAG.
2. All insurance policies, including without limitation, Workers' Compensation and Employer's
Liability policies, shall contain or be endorsed to include a waiver of subrogation in favor of
SANBAG and its Related Parties. No insurance coverage provided shall prohibit User or
User's employees or agents from waiving the right of subrogation prior to a loss or claim.
User hereby waives all rights of subrogation against SANBAG and its Related Parties.
3. Additional Insured: All policies, except for Employer Liability/Worker's Compensation and
Professional Liability policies, shall contain endorsements naming SANBAG and its Related
Parties as additional insured parties with respect to liabilities arising out to the performance
of Work hereunder. The additional insured endorsements shall not limit the scope of
coverage for SANBAG or its Related Parties to vicarious liability but shall allow coverage
for SANBAG and its Related Parties to the full extent provided by the policy.
4. Course of construction policies shall name SANBAG as loss payee.
Acceptability of Insurers
Insurance is to be placed with insurers admitted in California and with a current A.M. Best's
rating of no less than A:VII,unless otherwise approved by SANBAG.
Verification of Coverage
User shall furnish SANBAG with original certificates of insurance with endorsements as
verifying coverage required by this Exhibit B. All documents are to be signed by a person
authorized by that insurer to bind coverage on its behalf. All documents are to be received and
approved by the SANBAG before Work commences. As an alternative, User may provide
complete, certified copies of all required insurance policies, including endorsements effecting the
coverage required by these specifications.
Contractors and Subcontractors
User shall include all contractors and subcontractors as insured parties under its policies or
require certificates and endorsements for each contractor and subcontractor. All coverages for
contractors and subcontractors shall be subject to all of the requirements staffed herein. The
administration of insurance compliance of contractors and subcontractors shall be subject to
audit review by SANBAG.
16-1001418 Exhibit 8-Insurance Requirements
Form Approved 7/2/14
Exhibit "D"
ADDITIONAL REQUIREMENTS
The following Additional Requirements are imposed on the Tenant/Licensee/Permittee and all of
its contractors, subcontractors, employees, laborers or other persons performing any work upon
SANBAG property on behalf of Tenant/Licensee/Permittee, and are made part of the terms of
the Lease/License/Permit to which this Exhibit D is attached ("Agreement").
As used hereinafter, the term"Contractor" shall include the Tenant/Licensee/Permittee and each
and every one of its contractors, subcontractors,employees, laborers, agents or other persons
performing any work upon SANBAG property on behalf of Tenant/Licensee/Permittee; and the
term"railroad operator" or "operating railroad" shall mean Southern California Regional Rail
Authority(SORRA), Burlington Northern Santa Fe Railroad Railway Company (BNSF) and/or
any other railroad company or rail carrier having operating rights over rail lines owned or
controlled by SANBAG.
Contractor shall fully comply with each and every one of the Additional Requirements below
which is in any way applicable to the type of use, construction, installation or facility allowed
under the Contractor's Agreement and approved by SANBAG as required thereunder
("Permitted Use"). The inclusion of an Additional Requirement below that is not in any way
applicable to the Contractor's Permitted Use shall not imply any right, permission or consent to
expand the Permitted Use in any way.
1. Contractor agrees to execute and deliver to each railroad operator prior to commencing
any work within the rail right-of-way, a railroad Right of Entry Agreement which will
include agreement to abide by each railroad operator's rules and requirements for
construction on railway property. Contractor shall secure approval from SANBAG and
each railroad operator of the design of any structures and facilities prior to commencing
work on their construction or installation.
2. Contractor will acquire and comply with any and all additional permits required by the
railroad operator(s), affected public utilities and/or by any government agency having
jurisdiction. Any permit fees, inspection fees, flagging fees, or costs associated with the
use or maintenance of the Premise by any governmental agency, department, or
organization, and any labor expenses for the installation or maintenance of any permitted
improvements are the Contractor's sole responsibility. Fully conformed copies of all
permits are to be provided to SANBAG. Additional permits required of the Contractor
may include but are not limited to encroachment permits, Storm Water Pollution
Prevention Plans, environmental permits, temporary use permits,regulatory permits and
third party utility permits. Contractors shall have all original executed agreements and
permits on hand while on site and will present them on demand of representative of
SANBAG and/or the railroad operator(s). Prior to the commencement of work, the
contractor shall submit to SANBAG for review and approval, a description of the work
process including a detailed schedule of all work activities to be carried out on SANBAG
property.
16-1001418 Exhibit D—Additional Requirements
Form Approved 7/2/14
[For convenience only, SANBAG provides the following telephone numbers for
inquiries and information: SCRRA's Right of Way Engineers Office - (909) 394-
3418;BNSF's Roadmaster Office - (909) 386-4061]
3. Contractor at its sole cost and expense shall obtain and maintain, in full force and effect,
insurance, as required by SANBAG and the railroad operator(s) during the entire
construction period. The Contractor shall furnish copies of the insurance certificates to
SANBAG and all affected railroad operators.
4. Contractor agrees to comply with instructions of SANBAG and each railroad operator's
Employee-In-Charge (EIC) and other representatives in relation to the proper manner of
protection of the tracks and the traffic moving theron, pole lines, signals and other
property of SANBAG or its member agencies, tenants or licensees at or in the vicinity of
the work, and shall perform the work at such times as not to endanger or interfere with
safe and timely operations of railroad operators or of SANBAG's track and other
facilities.
5. Contractor will call the appropriate operating railroad to arrange for flagging services a
minimum of fifteen (15) working days prior to beginning work. Although every effort is
made to accommodate schedules, prior notification does not guarantee the availability of
protective/flagging services for the proposed date of work. The SCRRA/BNSF
flagman/EIC has sole authority to protect safe railroad operations and infrastructure,
therefore, only they and their representatives are permitted to perform flagging operations
within the railroad right-of-way. At all times the contractor shall follow the
flagman/EIC's direction. Contractor's work may not proceed in the absence of a flagman
in accordance with applicable rules. At no time shall any contractor be permitted to cross
any track or place or maintain any personnel or equipment within the railroad right-of-
way without the permission of the railroad flagman.
SCRRA's Flagging Office(213) 305-8424
BNSF's Flagging Office(909) 386-4061
6. Prior to the start of construction and at the contractor's expense, all personnel including
subcontractors and third parties shall complete SCRRA's/BNSF's Third Party Safety
Training course, which is required for all work near or within the railroad right-of-way.
Evidence of training must be supplied upon request of SANBAG and its representatives.
No work may commence on the railroad right-of-way until this training has been
completed. The contractor shall make the necessary arrangements for each equipment
operator to have constant and direct radio contact with their foreman. The foreman will
in turn have constant and direct contact with the SCRRA/BNSF flagman/EIC.
7. Contractor shall be responsible for the location and protection of any and all surface, sub-
surface, and overhead lines, structures and improvements. Contractor shall not damage,
destroy or interfere with any existing encumbrances, licenses and rights (whether public
or private), granted upon or relating to the railroad right-of-way. It shall be the
16-1001418 Exhibit D—Additional Requirements
Form Approved 7/2/14
Contractor's responsibility to contact Underground Alert and locate all underground
facilities prior to the commencement of construction. At the same time, the contractor
shall notify the operating railroad for signal and communications cables and conduits
mark-outs. Contractor shall obtain permission from the owners of any fiber optic, gas,
electrical, water, oil or other lines which may be impacted by work on or any use of the
Premises by Contractor.
SCRRA Signal Department (909) 592-1346
BNSF Signal Department (909) 386-4051
8. In case of signal emergencies or grade crossing problems, the contractor shall call
the following emergency numbers.
SCRRA Signal Emergency Department (888) 446-9721
BNSF Signal Emergency Department (909)386-4051
9. Contractor shall prepare and submit traffic control plan for SANBAG/SCRRA approval
for projects that will affect vehicular traffic at an existing highway-rail grade crossing.
10. If SANBAG or any of its associated rail entities or railroad operators deem it necessary in
the future, to modify, or to build additional, track or tracks or other facilities in
connection with the operation of its railroad, at the request of SANBAG,contractor shall
modify, at its own expense, any or all of its permitted facilities to conform to the rail
facilities.
11. Both Contractor and SANBAG acknowledge that the Premises is Licensed in "AS IS"
condition and any track removal, grading, paving and fencing as may be necessary or
required to meet Contractor's needs will be the sole responsibility and at the sole cost of
the Contractor and subject to SANBAG's and any affected operating railroad's prior
review and approval, which may be withheld in SANBAG's or the affected operating
railroad's sole and absolute discretion. SANBAG or the affected operating railroad may
require that any track removal and/or other work within the right-of-way be done by
SANBAG or the railroad operator, respectively,but all such work shall remain at the sole
cost of the Contractor, who may be required to deposit the estimated cost plus 25%in
advance of the work, subject to refund or additional charge at the conclusion of the work.
No permanent structures may be constructed on the premises without SANBAG's prior
written approval. Contractor will be responsible for the removal of any or all permitted
improvements upon termination of Agreement as directed by SANBAG.
12. Contractor shall pay for any and all utilities for its benefit, security and use.
13. SANBAG makes no warranties as to the suitability of the Iocation for Contractor's
intended use, and Contractor assumes all risks as to environmental compliance, zoning,
visibility, or any other factors which may affect Contractor's intended use of the
premises.
16-1001418 Exhibit D—Additional Requirements
Form Approved 7/2/14
14. Boring of carrier or direct burial utilities by directional boring methods is prohibited.
15. Signs are not permitted on or along the perimeter of the Premises unless such signs were
requested and approved under Contractor's original proposal and covered by the required
insurance. The contractor shall install permanent signs identifying the location of pipes
at the edge of the railroad right-of-way unless within a public grade crossing.
16. Contractor shall not bring upon or use any import soil on the Premises in conjunction
with any purposes allowed under this Agreement, until said import soil has been
laboratory tested by a certified hazardous waste testing laboratory and the test results
have been approved by SANBAG. Additionally, any soil currently existing on the
Premises may not be spread on the Premises unless and until it is characterized as clean
coil to the reasonable satisfaction of SANBAG. All soil piles are to be placed on a
barrier to prevent intermingling with surface soils.
17. Contractor shall keep the Premises free and clear of weeds, trash, vegetation,
unauthorized vehicle parking and graffiti and from occupancy by transients/homeless
persons or individuals. Contractor shall by fully responsible for all maintenance and
maintenance of adjoining SANBAG property that is required or necessary in connection
with Contractor's use of Premises.
18. Prior to commencement of construction, the contractor shall submit to SANBAG/
SCRRA a plan showing the proposed method of casing installation, construction access,
stockpile locations, SWPPP control measures, fencing type and location and a milestone
schedule.
19.For pipelines carrying flammable or hazardous materials, the contractor shall adhere to
special conditions stated in the Right of Entry (ROE) Agreement.
20.The jacking and receiving pits shall be constructed outside of the railroad right of way
unless shown on the SANBAG approved plans and shall not be located between any track
and the automatic signal gate arms. The contractor shall layout the proposed jack and
bore pits prior to the commencement of work. Only after the SANBAG/SCRRA
inspector has approved the layout will the Contractor be allowed to begin work.
21. Contractor shall construct a temporary fence along the railroad right—of-way, or along the
edge of pits closest to the track, on both sides of the pit, extending 50-feet in both
directions from the pit, and measuring a minimum of 6-feet high. Fences are not required
for work at grade crossings. Contractor shall pave the Premises area with asphalt or
concrete,when requested, around the entire perimeter of the property as described in the
Agreement in Part I and Exhibit"A". Contractor shall be responsible for total expense of
fencing and asphalt.
22. All jack and bore operations within the railroad right-of-way shall be performed
continuously on a 24-hour basis until work is completed with a SCRRA/BNSF flagman
and SCRRA/BNSF inspector present at all times. Should work begin without the
16-1001418 Exhibit D—Additional Requirements
Form Approved 7/2/14
flagman and inspector present, the work will be halted and any casing installed will be
abandoned in place,pressure grouted full, and capped to the satisfaction of SANBAG.
23. The contractor shall submit to SANBAG/SCRRA for review, drawings and calculations
for any shoring that may affect or be influenced by the railroad tracks. All shoring
designs shall comply with the requirements of, and be approved by, SANBAG and/or the
affected operating railroad. All drawings and calculations shall be signed and stamped by
a California licensed Civil or Structural Professional Engineer.
24. Prior to commencement of work, the contractor shall submit to SANBAG/SORRA for
review, load calculations for the proposed jacking casing with applied load as defined by
Cooper E-80 with a 50% added impact load. The calculations shall be signed and
stamped by a California licensed Civil or Structural Professional Engineer.
25. Should ground water or loose or unstable soils conditions be encountered during
construction, the contractor shall immediately stop work, notify the railroad flagman,
provide necessary structural support to track and other railroad structures, and notify the
affected operating railroads and SANBAG. It shall be the responsibility of the contractor
to make necessary corrections to the construction process to allow for said conditions.
26. All underground utilities under railroad tracks shall be encased in a Iarger pipe or conduit
tailed the "casing pipe". Said casing pipe shall be installed across the entire width of the
railroad right-of-way and shall extend beyond the right of way a minimum of 10-feet.
The top of the casing shall have a minimum depth of 6-feet below the top of tie and a
minimum depth of 5-feet below ground surface including bottom of ditches and other low
points within the railroad right-of-way. All ends of the casing pipe shall be sealed unless
otherwise authorized by SANBAG. Casing and carrier pipes shall be constructed to
prevent leakage of any substance. When casing pipes are sealed at each end, vent pipes
shall be installed. All casing pipes shall be installed with a minimum slope of 1%.
Installation of casing pipes by open trenching is prohibited.
27. Abandoned pipes shall be removed from their casing pipes. The empty casing pipe shall
be pressure grouted full for the entire length of the pipe. Should there be no casing pipe;
the abandoned pipe shall be pressure grouted full the entire length of the pipe. A
SANBAG/SCRRA inspector must be present during the grouting process.
28. Casing jacking shall adhere to the following requirements:
a. This method shall be in accordance with the American Railway Engineering and
Maintenance of Way Association recommended practices, Volume 1, Chapter 1,
Part 4, "Earth Boring and Jacking Culvert Pipe Through Fills." This operation
shall be conducted without hand-mining ahead of the pipe and without the use of
any type of boring, auguring, or drilling equipment.
b. Bracing and backstops and jacks shall be designed and used with sufficient rating
so that the jacking can progress without stoppage (except for adding lengths of
pipe)until the leading edge of the pipe reaches the receiving pit.
16-1001418 Exhibit B—Additional Requirements
Form Approved 7/2/14
c. During jacking, an earth plug 1.5 times the diameter of the casing shall be
maintained at all times. Jacking operations shall be continuous on a non-stop, 24-
hour per day basis until the jacking operation is completed.
29. Casing boring shall adhere to the following requirements:
a. This method consists of pushing the pipe into the fill with a boring auger rotating
within the pipe to remove the spoil. When augers or similar devices are used for
casing replacement, the front of the pipe shall be provided with mechanical
arrangements or devices that will positively prevent the auger from leading the
casing so that there will be no unsupported excavation ahead of the casing. The
auger and cutting head arrangement shall be removable from within the pipe in
the event an obstruction is encountered. The over-cut by the cutting head shall
not exceed the outside diameter of the pipe by more than one-half inch. The face
of the cutting head shall be arranged to provide reasonable obstruction to the free
flow of soft or poor material.
b. The use of water or other liquids to facilitate casing placement and/or spoil
removal is prohibited.
c. Plans and descriptions of the auger stop arrangement to be used shall be submitted
to SANBAG/SCRRA for approval prior to commencement of work.
d. Any method which employs simultaneous boring and jacking or drilling and
jacking for pipes over 8-inches in diameter that does not adhere to the above
requirements will not be permitted. For casings 8-inches and smaller in diameter,
augering or boring without the same requirements may be considered if approved
by SANBAG/SCRRA.
30. If an obstruction is encountered during installation of the casing pipe that will stop the
forward action of the pipe, and it becomes evident that it is impossible to advance the
pipe, operations will cease and the pipe shall be abandoned in-place and pressure grouted
full before continuing with work. Location, length, and depth of abandoned casing pipes
and carrier pipes shall be shown on the as-built drawings.
31. Bored or jacked installations shall have a bored-hole diameter essentially the same as the
outside diameter of the casing plus the thickness of the protective coating. If voids
should develop or if the bored-hole diameter is greater than the outside diameter of the
casing pipe,plus coating,by more than approximately 1-inch, grouting or other methods
as approved by SANBAG/SCRRA shall be employed to fill such voids.
32. Pressure grouting of the soils before or during jacking or boring may be required to
stabilize the soil,control water, prevent loss of material, and prevent settlement or
displacement of the ground and/or tracks. Grout shall be cement, chemical or other
special injection material selected to accomplish the necessary stabilization. The
grouting contractor shall be a specialist in the field with a minimum of 5-years
continuous experience of successfully grouting soil. Materials to be used and the method
of injection shall be prepared by a California licensed Geotechnical Engineer, or by an
experienced and qualified company specializing in this work and submitted for approval
16-1001418 Exhibit D--Additional Requirements
Form Approved 7/2/14
by SANBAG/SCRRA prior to the commencement of work. Proof of experience and
competency shall accompany the submission.
33. When water is known or expected to be encountered, pumps of sufficient capacity to
handle the flow shall be maintained at the site and be constantly attended operationally on
a 24-hour per day basis until the SANBAG/SCRRA inspector determines their operation
can be safely halted. When dewatering, close observation shall be maintained to detect
any settlement or displacement of track, ground, or facilities.
34. The dewatering system shall lower and maintain the ground water level a minimum of 2-
feet below the invert at all times during construction by utilizing well points, vacuum
well points, or deep wells to prevent the inflow of water or water and soil into the
heading. Ground water observation wells may be required to demonstrate that the
dewatering requirements are being complied with.
35. The proposed methods of dewatering shall be submitted to SANBAG/SCRRA prior to
the commencement of work. The discharge from the dewatering operations in the
vicinity of the railroad shall be carefully monitored. Should excessive fine soils particles,
pollutants, or hazardous materials or fluids be observed at any time during the dewatering
process,the dewatering shall be halted immediately and cannot resume until the
unsatisfactory condition is remedied to the satisfaction of the SANBAG/SCRRA
inspector.
36. All backfilling shall be at 90%relative dry compaction. For areas within or that affect
the railroad right-of-way, the contractor shall submit a compaction report prepared by a
California licensed Geotechnical Professional Engineer prior to release of any deposited
fund balance.
37. The Contractor shall remove all temporary facilities constructed on the railroad right-of-
way,
ight-ofway, debris, and other items not originally at the site prior to construction and shall notify
SANBAG and any affected operating railroad that all construction has been completed.
After as-builts have been received, SANBAG inspects the construction site and signs-off
the work, SANBAG will release any unused deposit funds it holds. Contractor shall be
responsible to arrange refunds due from any affected operating railroads.
38. A minimum of five feet (5')clearance is required above signal and communication lines
for overhead crossings.
39. Poles for any use within the railroad right-of-way must be located fifty-feet (50') out
from the centerline of the railroad main, branch and running tracks, CTC sidings, and
heavy tonnage spurs. Pole locations adjacent to industry track must provide at least a ten
foot (10') clearance from the centerline of track, when measured at right angles. If
located adjacent to curved track, then said clearance must be increased at the rate of 1.5
inches per degree of curved track.
1 6-1 00141 8 Exhibit D—Additional Requirements
Form Approved 7/2/14
40. Regardless of the voltage,un-guyed poles shall be located a minimum distance from the
centerline of any track, equal to the height of the pole above the ground—line plus ten feet
(10'). If guying is required, the guys shall be placed in such a manner as to keep the pole
from leaning/falling in the direction of the tracks.
41. Poles must be located a minimum distance from the railroad signal and communication
line equal to the height of the pole above the ground-line or else be guyed at right angles
to the lines. High voltage towers (34.5 kV and higher) must be located off railroad right-
of-way.
ight-
ofway.
42. Grade crossings or temporary grade crossing must not be installed under or within five-
hundred feet (500') of the end of any railroad bridge, or three hundred feet(300') from
the centerline of any culvert or switch area.
43. For overhead crossings,complete spanning of the property is encouraged with supportive
structures and appurtenances located outside of the railroad property. For electric supply
and communication lines, normally the crossing span shall not exceed one-hundred fifty-
feet (150') with adjacent span not exceeding 1.5 times the crossing span length. For
heavier type construction, longer spans will be considered.
44. To ensure that overhead crossings are clear from contact with any equipment passing
under such wires, communication lines shall be constructed with a minimum clearance
above top of rail of twenty-eight feet (28').. Electric lines must have a florescent ball
marker on low wire over centerline track.
45. The utility owner will label the poles closest to the crossing with the owner's name and
telephone number for emergency contact.
46. Overhead flammable and hazardous material lines are prohibited.
47. Because inductive interference from certain types of lines have the potential to disrupt the
railroad signal and communication systems causing failures with the signals,
communication, and at-grade crossing warning devices, . SANBAG may require that an
inductive coordination study be performed prior to approval of the permitted use at the
expense of the utility owner for proposed electrical lines crossing tracks.
48. Joint-use construction is encouraged at locations where more than one utility or type of
facility is involved. However,electricity and petroleum, natural gas or other flammable
materials shall not be combined.
Contractor SANBAG
Initials
16-1001418 Exhibit D—Additional Requirements
Form Approved 7/2/14