Resolution No. 2020-041 RESOLUTION NO. 2020-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON
APPROVING AND AUTHORIZING THE EXECUTION OF A
SUPPLEMENTAL AGREEMENT BY AND BETWEEN THE CITY OF
VERNON AND UNION PACIFIC RAILROAD COMPANY TO APPROVE
THE CITY'S INTENT TO REBUILD THE EXISTING OVERHEAD
WIRELINE CROSSING TO 16.340KV
SECTION 1 . Recitals.
A. The City of Vernon ("City') is a chartered municipal corporation of the State of
California that owns and operates a system for the generation. purchase. transmission,
distribution and sale of electric capacity and energy.
B. The General Manager of Public Utilities has recommended that the City Council
approve and authorize the execution of a Supplemental Agreement with the Union Pacific
Railroad Company to rebuild the existing overhead wireline railroad tracks crossing to
16.340kV located on the east side of Downey Road just north of Fruitland Avenue and to
pay the administrative fee for processing.
NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VERNON AS FOLLOWS:
SECTION 2. The City Council of the City of Vernon hereby finds and determines
that the above recitals are true and correct.
SECTION 3. The City Council of the City of Vernon hereby approves the
Supplemental Agreement with Union Pacific Railroad Company. in substantially the
same form as attached hereto as Exhibit A.
SECTION 4. The City Council of the City of Vernon hereby authorizes the City
Administrator to execute said Supplemental Agreement for. and on behalf of. the City of
Vernon and the City Clerk is hereby authorized to attest thereto.
SECTION 5. The City Council of the City of Vernon hereby instructs the City
Administrator, or his designee. to take whatever actions are deemed necessary or
desirable for the purpose of implementing and carrying out the purposes of this Resolution
and the transactions herein approved or authorized, including but not limited to, any non-
substantive changes to the Supplemental Agreement attached herein.
Resolution No. 2020-41
Page 2 of 20
SECTION 6. The City Clerk shall certify the passage and adoption of this
resolution and enter it into the book of original resolutions.
APPROVED AND ADOPTED this 3rd day of November. 2020.
Cl --------.4
LETICIA LOPEZ. Mayor
ATTEST:
LISA POPE. CitY Jerk
(seal)
APPROVED AS TO FORM:
4774
OLD M. ALVAREZ-GLASMAN.
Interim City Attorney
I CERTIFY THAT THE FOREGOING RESOLUTION NO. 2020-41 was passed and
adopted by the City Council of the City of Vernon at the regular meeting on October 20.
2020 by the following vote:
AYES: 5 Council Members: Davis, Gonzales, Menke. Ybarra, Lopez
NOES: 0
ABSENT: 0
ABSTAIN: 0
- -74//)-), r _
LISA POPE, City Jerk
(seal)
Resolution No.2020-41
Page 3 of 20
SUPPAGR.DOC 980220
Form Approved.AVP-Law
Audit: A106726
Folder:00503-36
SUPPLEMENTAL AGREEMENT
THIS SUPPLEMENTAL AGREEMENT is entered into on the 3rd day of
November , 20 20, between UNION PACIFIC RAILROAD COMPANY ("Licensor") and
CITY OF VERNON,a Municipal Corporation in the State of California,whose address is 4305 Santa Fe
Avenue, Vernon, California 90058 ("Licensee").
RECITALS:
By instrument dated 4/18/1986, between the City of Vernon and Los Angeles & Salt
Lake Railroad Company which was acquired by Licensor on 1/1/1988, entered into an agreement
("Basic Agreement"), with certain supplements thereto identified as Audit No. A106726, at
FRUITLAND,CALIFORNIA.
AGREEMENT:
NOW,THEREFORE,IT IS AGREED by and between the parties hereto as folio'. s:
Article 1. SUBSTITUTION OF PRINT.
The print dated July 09,2020,attached hereto as Exhibit'A',shall be and hereby is substituted for
the print dated May 12, 1988, attached to the Supplemental Agreement dated 5/12/1988, and from and
after the effective date herein whenever the term Wireline is used in the Basic Agreement, or any
amendment or supplement thereto (if any), such reference shall be deemed to refer to the Wireline as
shown on Exhibit'A',hereto attached.
Article 2. CONSENT TO WORK.
This Supplemental Agreement will serve as notification that the Railroad Company approves of
your intentions to rebuild the existing overhead wireline crossing to consist of three (3) 16.340kV
wirelines in accordance with Exhibit A.
Article 3. CONTRACTOR RIGHT OF ENTRY.
If a contractor is to do any of the work performed on or about the Railroad Company's property,
then Utility shall require its contractor to execute the Railroad Company's form Contractor's Right of
Entry Agreement, EXHIBIT B. Utility acknowledges receipt of a copy of Contractor's Right of Entry
Agreement and understanding its term, provisions and requirements, and will inform its contractor of the
need to execute the Agreement. Under no circumstances will Utility's contractor be allowed on or about
the Railroad Company's property without first executing the Contractor's Right of Entry Agreement.
Supplemental Agreement-Union Pacifc Railroad Company Page 1 of 18
Resolution No.2020-41
Page 4 of 20
Article 4. NOTICE OF COMMENCEMENT OF WORK/ RAILROAD REPRESENTATIVE
/SUPERVISION/FLAGGING/SAFETY.
If an emergency should arise requiring immediate attention, the Licensee shall provide as much
notice as practicable to Railroad, by calling the Response Management Communication Center at (888)
877-7267 before commencing any work. In all other situations,the Licensee shall notify the Railroad at
least ten (10) days (or such other time as the Railroad may allow) in advance of the commencement of
any work upon property of the Railroad in connection with the construction,maintenance,repair, renewal,
modification, reconstruction, relocation or removal of the Wireline. All such work shall be prosecuted
diligently to completion. The Licensee will coordinate its initial and any subsequent work with the
following employee of Railroad or his or her duly authorized representative (hereinafter "Railroad
Representative" or"Railroad Representative"):
Railpros Flagging
up.info@railpros.com
877-315-0513 x 116
Jose A. Rubio
Work Phone: (626)935-7681
Cell Phone: (562)318-4153
Email address: jarubioAup.com
Article 5. EFFECTIVE DATE.
This Supplemental Agreement shall be effective as of November 3,2020.
Article 6. AGREEMENT SUPPLEMENT.
Nothing in this Supplemental Agreement shall be construed as amending or modifying the Basic
Agreement unless specifically provided herein.
Article 7. ADMINISTRATIVE HANDLING CHARGE.
Upon execution and delivery of this Supplemental Agreement, the Licensee shall pay to the
Licensor an administrative handling charge of One Thousand DOLLARS($1,000.00).
Supplemental Agreement-Union Pacifc Railroad Company Page 2 of 18
Resolution No 2020-41
Page 5 of 20
IN WITNESS WHEREOF,the parties have executed this Supplemental Agreement as of the day
and year first written.
UNION PACIFIC RAILROAD COMPANY VERNON,CITY OF
By: By:
Valerie Harrill Name Printed:Carlos Fandino
Mgr II Real Estate Contracts
Title:City Administrator
ATTEST:
Lisa Pope,City Clerk
APPROVED AS TO FORM:
Arnold M.Alvarez-Glasman,
Interim City Attorney
Supplemental Agreement-Union Pacifc Railroad Company Page 3 of 18
Resolution No.2020-41
rage o UT Lu
PLACE ARROW INDICATING NORTH OVERHEAD WIRELINE CROSSING
DIRECTION RELATIVE TO CROSSING
OVER 750 VOLTS FORM
D 4 H REV10.282007
NOTE: ALL AVAILABLE DIMENSIONS MUST BE rr•Yaupnwrrl
FILLED IN TO EXPEDITE THIS APPLICATION. NO SCALE
IOP LEGAL SLAVEY LINE, WHERE APPLICABLE)
_LINE SECTION_,TOWNSHIP�,RANGE—r IERIDIAN
__ 0 ® 1 RR•S R/N
520 FT. _4 4760 FT. I I __
<I ,•_ 934 1 FT. _ c 428.17 FT. r. �"
0 FT.
S it= 90 • 11 • 49
.4--TC a W " I ANGLE OF CROSSING) s TO Huntingtal Park—p
:NEAREST R.R. Tem: WIN TRACK i 1 = (NEAREST R.R. TOM)
l I l l I l l I ' I l I 1 1 1 1 b I I ! I I I I l rl } I I i I l I
District Ave CA_
W Fruitland Ave CA_ �'
(DESCRIBE FIXED OBJECT) s ,DESCRIBE FIXED OBJECT)
(ES 219+92)
0 FT.
• FT. ►
1 DISTANCE ALONG TRACS FROM SECTION LINE CROSSING) La( 33 997863
(NOTE: THIS DIMENSION REWIRED IN ALL CASES.AT LOCATIONS NOT USING SECTIONS, DISTANCE Long.•118 204517
I
TO A LEGAL SURVEY LINE IS RFOTRFO?
RR'S R/R (1.‘
O
X FT. 11 SHOW PLACOEIR OF OUT ANCHORS
. 47 FT.
I 36 FT. (MIN.4') 495 FT. •
•
I i
515FT. 's GROlMO.el SURFACE ■
IVI ,TOP-OF-RAIL N
.Z ERR SIGNAL El •a
CPA.. LINE ,r sUecRAOE
! / ROADBED \
•(A) I' 0 FT. I• 315 FT. -Ic 0 FT. -;
IA 25 FT. (MIN.50') -I II 258 FT. (MIN.50'I
CIRCUITS TO BE CARRIED ON PROPOSED WIRELINE
NO. OF VOLTAGE TO VOLTAGE TO NO. OF SOLID OR
CIRCUITS GROUNDIKV) VOLTAGE(KV) PHASES WIRES GAUGE MATERIAL STRANDED HEIGHT NOTES :
1 9434 16340 3 3 336 ACSR STRANDED 495
Al DISTRIBUTION LINE DISTRIBUTION LINE EXHIBIT "A"
8) IS THERE A SIGNAL OR CCUMUNICATION POLELINE NEAR THE TRACKS? YFS FOR AA1lA0Ah USE aa.-DO ART MITE IM TMI!eon
C) MAXIIMA GROUND CURRENT AT FEED:50 7 AMPS. AT LOAD:L_AMPS.
DI WHAT TYPE OF FACILITY WILL LINE BE SERVING? INDUSTRIAL UNION PACIFIC RAILROAD CO.
E) IF A NEW POWER SUBSTATION IS TO BE BUILT WITHIN 1/2 MILE OF RR, WHAT 15 MAX:
OPERATING CURRENT TO GROUND? AMPS: RESISTANCE TO GROUND? OHMS; San Pedro Sub
FAULT CURRENT TO GROUND? AWS. I SU OTXTS:0.)
F) GROUND WIRE: SIZE .4___;MATERIAL NUA ;SOLID OR STRANDED SOLID .
Cl CROSSING SPAN: LENGTHS 3 FT.; NORMAL CONDUCTOR SAG/IN. AT 70 •F. M. P. 410 E. S. 215+6383
HI ADJOINING SPANS: LENGTH FT.; NORMAL. CONDUCTOR SAG IN. AT •F.
LENGTH FT.I NORMAL CONDUCTOR SAG _IN. AT - •F. OVERHEAD WIRELINE CROSSING
I) POLE I: TIMBER LENGTHS2IL_FT. DEPTH OF SETTING—FT. VERNON LOSANGELES CA
HEIGHT ABOVE GROUND.2__FT. II<AAES)RR STATION) 1CO.WVI I STATE.
CLASS OR BUTT AND TOP DIMENSIONS 1
POLE 2: TIMBER LENGTH.N_FT. DEPTH OF SETTING§_FT. FOR VERNON PUBLIC UTILITIES
HEIGHT ABOVE GROUND 5.2 _FT. IA/MACANT
CLASS OR BUTT AND TOP DIMENSIONS 22
(IF STEEL TOWERS ARE EMPLOYED, FURNISH DETAIL DRAWINGS) RR FILE NO.0503-36 DATE 7n9l2020
J) HEAD GUYS: NUMBER ON EACH POLE 1 ; SIZE OR STRENGTH12(21; LEA02;L—.
K) SIDE GUYS: NUL6ER EACH WAY 1 ; SIZE OR STRENGTH `1,>409.; LEAD`i_. PARN I N G
L) CROSSARMS:SINGLE OR DOUBLE I7nIIAIF ;MATERIAL DOUGLAS FIR ;SIZE10—BY
MI INSULATORS:PIN OR SUSPENSION PIN ;MANUFACTURER'S AND CATALOGUE NO.)lendrix hp -34 L OCCASIADNA, U. P. NY WORKCTOI DNS DEPARTMEN5 MIST BE
CTED IN ADVANCE OF ANY CORK TOT DETERMINE E7(ISTENCE AIO
N) CONDUCTOR ATTACHMENT: TIES OR CLASPS CLAMPS LOCATION OF FIBER OPTIC CABLE. PHONE I I- 800-336-0193
0) APPLICANT HAS CONTACTED 1-800-336-9193, U.P. COMMUNICATION DEPARTMENT,
AND HAS DETERMINED FIBER OPTIC CABLE EXIST IN VICINITY OF WORK TO BE PERFORMED.
TICKET NO.
P) IF POWER LINE PARALLELS TRACK WITHIN I/2 MILE, INCLUDE DIAGRAM SHOWING SPACING AND CONFIGURATION OF WIRES INCLUDING SHIELD WIRES.
Supplemental Agreement-Union Pacifc Railroad Company Page 4 of 18
Resolution No.2020-41
Page 7 of 20
Folder: 00503-36
To the Contractor:
Before Union Pacific Railroad Company can permit you to perform work on its right of way, it will be
necessary to complete two originals of the enclosed 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.
2. 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.
3. Please print two copies, execute on your behalf and return ALL DOCUMENTS with a check for
any payments required, as shown below to 1400 Douglas Street, Omaha, NE 68137-1690 Attn:
Valerie Harrill.
4. Check, with Folder No. 00503-36 written on the front, made payable to the Union Pacific
Railroad Company in the amount of ONE THOUSAND DOLLARS(S1,000.00). 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.
5. Railroad Protective Liability Insurance (RPLI) certificate listing folder number 00503-36. Only
one RPI certificate is required and must be on a separate certificate from your general liability
insurance.
After approval of the Right of Entry Agreement and insurance certificate,one fully-executed counterpart
of the Agreement will be returned to you. In no event should you begin work until you have received
your counterpart of the fully-executed Agreement.
Sincerely,
Valerie Harrill
Mgr II Real Estate Contracts-Real Estate
Supplemental Agreement-Union Pacifc Railroad Company Page 5 of 18
Resolution No.2020-41
Page 8 of 20
EXHIBIT B
TO
SUPPLEMENTAL AGREEMENT
Folder No.00503-36
Form Approved.AVP-Lam
09/01/2018
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
THIS AGREEMENT is made and entered into as of the by and between
UNION PACIFIC RAILROAD COMPANY, a Delaware corporation. ("Railroad") and
,("Contractor"),
to be addressed at
RECITALS:
The Contractor has been hired by City of Vernon to rebuild existing overhead 16.340kV wireline
crossing(the"work"), with all or a portion of such work to be performed on property of Railroad at Mile
Post 4.1, on the San Pedro Subdivision at or near FRUITLAND, Los Angeles County, California.
pursuant to a Supplemental Agreement between Railroad and Vernon,City Of with an effective date of
7/13/2020 at such location as shown on the print marked Exhibit A attached hereto and hereby made a
part hereof.
Railroad is willing to permit Contractor to perform the work described above at the location
described above subject to the terms and conditions contained in this Agreement.
AGREEMENT:
NOW, THEREFORE, it is mutually agreed by and between 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
Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its or
their authority.
Article II. RIGHT GRANTED:PURPOSE.
Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and
subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have
ingress to and egress from the property described in the Recitals for the purpose of performing 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 IV, and is strictly limited to the scope of work identified to the Railroad, as determined by the
Railroad in its sole discretion,and for no other purpose.
Supplemental Agreement-Union Pacifc Railroad Company Page 6 of 18
Resolution No.2020-41
Page 9 of 20
Article III. TERMS AND CONDITIONS CONTAINED IN EXHIBITS B AND C.
The terms and conditions contained in Exhibit B and C, attached hereto, are hereby made a part
of this Agreement.
Article IV. ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD
REPRESENTATIVE.
A. Contractor shall bear any and all costs and expenses associated with any work performed
by Contractor,or any costs or expenses incurred by Railroad relating to this Agreement.
B. Contractor shall coordinate all of its work with the following Railroad representative or
his or her duly authorized representative(the"Railroad Representative"):
UP.info@n,railpros.com Jose A. Rubio
(877)-315-0513 x. 116 Work Phone: (626)935-7681
Cell Phone: (562)318-4153
Email address: jarubio@up.com
C. Contractor, at its own expense, shall adequately police and supervise all work to be
performed by Contractor and shall ensure that such work is performed in a safe manner as set forth in
Section 7 of Exhibit B. The responsibility of Contractor for safe conduct and adequate policing and
supervision of Contractor's work shall not be lessened or otherwise affected by Railroad's approval of
plans and specifications involving the work,or by Railroad's collaboration in performance of any work,or
by the presence at the work site of a Railroad Representative, or by compliance by Contractor with any
requests or recommendations made by Railroad Representative.
Article V. TERM;TERMINATION.
A. The grant of right herein made to Contractor shall commence on the date of this
Agreement,and continue for one(1)year from 7/13/2020,unless sooner terminated as herein provided,or
at such time as Contractor has completed its work on Railroad's property, whichever is earlier. Contractor
agrees to notify the Railroad Representative in writing when it has completed its work on Railroad's
property.
B. This Agreement may be terminated by either party on ten (10) days written notice to the
other party.
Article VI. CERTIFICATE OF INSURANCE.
A. Only upon request, Contractor will provide Railroad with the insurance hinders. policies.
certificates and/or endorsements set forth in Exhibit C of this Agreement.
Supplemental Agreement-Union Pacifc Railroad Company Page 7 of 18
Resolution No.2020-41
Page 10 of 20
B. All insurance correspondence, binders, policies, certificates and/or endorsements shall he
sent to:
Folder No:00503-36
Union Pacific Railroad Company
1400 Douglas Street STOP 1690
Omaha,Nebraska 68179-1690
Article VIL CIIOI( E ()F FORUM.
Litigation arising out of or connected with this Agreement may be instituted and maintained in
the courts of the State of 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.
Article VIII. DISMISSAL OF CONTRACTOR's EMPLOYEE.
At the request of Railroad, Contractor shall remove from Railroad's property any employee of
Contractor who fails to conform to the instructions of the Railroad Representative in connection with the
work on Railroad's property, and any right of Contractor shall be suspended until such removal has
occurred. Contractor shall indemnify Railroad against any claims arising from the removal of any such
employee from Railroad's property.
Article IX. ADMINISTRATIVE FEE.
Upon the execution and delivery of this Agreement, Contractor shall pa to Railroad One
Thousand Dollars ($1,000.00) as reimbursement for clerical, administrative and handling expenses in
connection with the processing of this Agreement.
Article X. CROSSINGS.
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.
Supplemental Agreement-Union Pacifc Railroad Company Page 8 of 18
Resolution No 2020-41
Page 11 of 20
Article XL EXPLOSIVES.
Explosives or other highly flammable substances shall not be stored on Railroad's property
without the prior written approval of Railroad.
IN WITNESS WHEREOF. the parties have caused this Agreement to be executed in duplicate as
of the date first herein written.
UNION PACIFIC RAILROAD COMPANY
By:
Valerie Harrill (Contractor Name)
Mgr II Real Estate Contracts
By
Name:
Title:
Telephone:
Email:
Supplemental Agreement-Union Pacifc Railroad Company Page 9 of 18
Resolution No.2020-41
rage IL Uf LU
PLACE ARROW INDICATING NORTH
DIRECTION RELATIVE TO CROSSING OVERHEAD WIRELINE CROSSING
OVER 750 VOLTS FORM
D10- 0,1007H
REVAVAILABLE DIMENSIONS MUST BE '"`""�fCOR1
~~
NO SCALE FILLEDNOTE: ALL IN TO EXPEDITE THIS APPLICATION.
IOW LEGAL SURVEY LINE, WHERE APPLICABLE)
_/ LINE SECTION_,TOWNSHIP_,RANGE_, MERIDIAN
p ® WU S R/W
520 FT. r a 4760 FT. I[
cl ,4- _ 934 1 FT. _. a28 t7 FT. ► a
• J OFT.
bn 90 • 11 • 49 - $
rt—TO ¢S , IANGLE OF CROSSING) i to Huntington Park —„
:NEAREST R.R. TOWN) C,MAIN TRACE 1 NEAREST R.R. TORN)
I I I I I 1 ; ' I �I i 1 1 I I I7 I II I I I 1 }! I I I I I 1
Pstnct Ave C/L Fruitland Ave C/L
f DESCRIBE FIXED OBJECTI I (DESCRIBE FIXED OBJECT,
W (ES 219.921
/ w FT. N. 0 FT.
I DISTANCE ALONG TRACE FROM SECTION LINE CROSSING) Lat 33 997863
I NOTE: THIS DISENSION REQUIRED IN ALL CASES.
AT LOCATIONS NOT USING SECTIONS, DISTANCE Long -118 204517
TO A LEGAL SURVEY LINE IS REOUTRFOI
RR'S R/R __ ®O
c FT. SNOT PLACEMENT OF GUI'AMCNOrtS
47 FT.
I 36 FT. (MINA') 495 FT. I /
51 5 F T. •.: GRO AC
'.n t �TOP-Of-RAIL ACE ':
4 �RE S I GNA L B f SUBGRADE R
COM4 LINENo
' I ROADBED I \ B¢
1
I I
® H 5 FT. ►( 31 AFT, r a 0 FT. •II
r 26 FT. (MIN.50')—I-I I, 258 FT. (MIN.50'1 I
CIRCUITS TO BE CARRIED ON PROPOSED WIRELINE
NO. OF VOLTAGE TO VOLTAGE TO NO. OF SOLID OR
CIRCUITS GROUND(KV) VOLTAGE(KV) PHASES WIRES GAUGE MATERIAL STRANDED HEIGHT NOTES :
1 9 434 16 340 3 3 336 ACSR STRANDED 49 5
A) DISTRIBUTION LINE DISTRIBUTION LINE EXHIBIT "A"
(1) IS THERE A SIGNAL OR COMMUNICATION POLELINE NEAR THE TRACKS? YFS ro.■.:Ae.D use o.A•-00 br.Rlrc I.r.)s BON,
C) MAXIIAIM GROUND CURRENT AT FEED:`c-L AMPS. AT LOAD:.01_AMPS.
01 WHAT TYPE OF FACILITY WILL LINE 8E SERVING? INDUSTRIAL UNION PACIFIC RAILROAD CO.
El IF A NEW POWER SUBSTATION IS TO BE BUILT WITHIN 1/2 MILE OF RR, WHAT IS MAX:
OPERATING CURRENT TO GROUND? AMPS: RESISTANCE TO GROUND? OHMS; San Pedro Sub
FAULT CURRENT TO GROUND?___RIPS. ISUODIVIV0s0
Fl GROUND WIRE: SIZE 0 ;MATERIAL N/A ;SOLID OR STRANDED SOLID
G1 CROSSING SPAN: LENGTH B33 FT.; NORMAL CONDUCTOR SAG24IN. AT 70 •F. M. P.410 E. S. 215.6383
HI ADJOINING SPANS: LENGTH FT.) NORMAL CONDUCTOR SAG IN. AT •F.
LENGTH—FT.; NORMAL CONDUCTOR SAG IN. AT •F. OVERHEAD WIRELINE CROSSING
I) POLE I: TIMBER LENGTH19.—FT. DEPTH OF SETTING.B—FT.
A
HEIGHT ABOVE GROUND. FT. VERNONST LOS C.N.T.ANGE AT
CLASS OR BUTT AND TOP DIMENSIONS 1 tA[AREsr AR'TAT ICQ/•r: Is•Aru
POLE 2: TIMBER LENGTH gA3_FT. DEPTH OF SETTINGS—FT. FOR VERNON PUBLIC UTILITIES
HEIGHT ABOVE GROUND 3`Z—_FT. IEPAICSA)
CLASS OR BUTT AND TOP DIMENSIONS 72
I IF STEEL TOWERS ARE E).PLOYEO, FURNISH DETAIL DRAWINGS) RR FILE NO.0503-36 DATF 7/9/2020
J) HEAD GUYS: NLS ER ON EACH POLE 1 ; SIZE OR STRENGTH_; LEAD2—.
K) SIDE GUYS: NUMBER EACH WAY 1 ; SIZE OR STRENGTH ;4.; LEAD`,iQ_. ■ A R N I N G
L) CROSSARMS: SINGLE OR DOUBLE DOUBLE;MATERIAL DOUGLAS FIR ;SIZE1SI__BY.--. IN ALL OCCASIONS, U. P. CdYIIICATION5 DEPARTMENT MAST BE
MI INSULATORS:PIN OR SUSPENSION PIN ;MANUFACTURER'S AND CATALOGUE NO.t 0 1209 -34`69ACTED IN ADVANCE OF ANY WORE TO DETERMINE EXISTENCE AND
NI CONDUCTOR ATTACHMENT) TIES OR CLAWS CLAMPS LOCATION OF FIBER OPTIC CABLE. PRONE: I- SOO-336-9193
0) APPLICANT HAS CONTACTED 1-800-336-9193, U.P. COMMUNICATION DEPARTMENT,
AND HAS DETERMINED FIBER OPTIC CABLE EXIST IN VICINITY OF WORK TO BE PERFORMED.
TICKET NO.
P1 IF POWER LINE PARALLELS TRACK WITHIN 1/2 MILE, INCLUDE DIAGRAM SHOWING SPACING AND CONFIGURATION OF WIRES INCLUDING SHIELD WIRES.
Supplemental Agreement-Union Pacifc Railroad Company Page 10 of 18
Resolution No 2020-41
Page 13 of 20
Form Approved,AVP-Law
09/01/2018
EXHIBIT B
To
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
Section 1. NOTICE OF COMMENCEMENT OF WORK-FLAGGING.
A. Contractor agrees to notify the Railroad Representative at least ten(10)working days in
advance of Contractor commencing its work and at least ten (10) working days in advance of proposed
performance of any work by Contractor in which any person or equipment will be within twenty-five(25)
feet of any track, or will be near enough to any track that any equipment extension (such as, but not
limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind
shall be performed,and no person,equipment, machinery,tool(s), material(s),vehicle(s),or thing(s)shall
be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any
time, for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of
such ten (10)-day notice, the Railroad Representative will determine and inform Contractor whether a
flagman need be present and whether Contractor needs to implement any special protective or safety
measures. If flagging or other special protective or safety measures are performed by Railroad, Railroad
will bill Contractor for such expenses incurred by Railroad, unless Railroad and a federal, state or local
governmental entity have agreed that Railroad is to bill such expenses to the federal, state or local
governmental entity. If Railroad will be sending the bills to Contractor, Contractor shall pay such bills
within thirty (30) days of Contractor's receipt of billing. If Railroad performs any flagging, or other
special protective or safety measures are performed by Railroad, Contractor agrees that Contractor is not
relieved of any of its responsibilities or liabilities set forth in this Agreement.
B. The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for
an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in
accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition
to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental
sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees
Liability and Property Damage and Administration will be included, computed on actual payroll. The
composite charge will be the prevailing composite charge in effect at the time the work is performed.
One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and
one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or
by agreement between Railroad and its employees,and may be retroactive as a result of negotiations or a
ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If
the wage rate or additional charges are changed, Contractor (or the governmental entity, as applicable)
shall pay on the basis of the new rates and charges.
C. Reimbursement to Railroad will be required covering the full eight-hour day during
which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a
portion of such day, in which event reimbursement will not be required for the portion of the day during
which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day
not actually worked by the flagman following the flagman's assignment to work on the project for which
Supplemental Agreement-Union Pacifc Railroad Company Page 11 of 18
Resolution No.2020-41
Page 14 of 20
Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by
assignment of such flagman to other work, even though Contractor may not be working during such time.
When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in
compliance with union collective bargaining agreements,Contractor must provide Railroad a minimum of
five(5)days notice prior to the cessation of the need for a flagman. If five(5)days notice of cessation is
not given, Contractor will still be required to pay flagging charges for the five (5) day notice period
required by union agreement to be given to the employee, even though flagging is not required for that
period. An additional ten(10)days notice must then be given to Railroad if flagging services are needed
again after such five day cessation notice has been given to Railroad.
Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED
A. The foregoing grant of right is subject and subordinate to the prior and continuing right
and obligation of the Railroad to use and maintain its entire property including the right and power of
Railroad to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks,
roadways, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon,
along or across any or all parts of its property,all or any of which may be freely done at any time or times
by Railroad without liability to Contractor or to any other party for compensation or damages.
B. The foregoing grant is also subject to all outstanding superior rights (including those in
favor of licensees and lessees of Railroad's property, and others) and the right of Railroad to renew and
extend the same,and is made without covenant of title or for quiet enjoyment.
Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS
TENANTS.
A. Contractor shall conduct its operations so as not to interfere with the continuous and
uninterrupted use and operation of the railroad tracks and property of Railroad, including without
limitation, the operations of Railroad's lessees, licensees or others, unless specifically authorized in
advance by the Railroad Representative. Nothing shall be done or permitted to be done by Contractor at
any time that would in any manner impair the safety of such operations. When not in use, Contractor's
machinery and materials shall be kept at least fifty (50) feet from the centerline of Railroad's nearest
track, and there shall be no vehicular crossings of Railroads tracks except at existing open public
crossings.
B. Operations of Railroad and work performed by Railroad personnel and delays in the work
to be performed by Contractor caused by such railroad operations and work are expected by Contractor,
and Contractor agrees that Railroad shall have no liability to Contractor,or any other person or entity for
any such delays. The Contractor shall coordinate its activities with those of Railroad and third parties so
as to avoid interference with railroad operations. The safe operation of Railroad train movements and
other activities by Railroad takes precedence over any work to be performed by Contractor.
Section 4. LIENS.
Contractor shall pay in full all persons who perform labor or provide materials for the work to be
performed by Contractor. Contractor shall not create, permit or suffer any mechanic's or materialmen's
liens of any kind or nature to be created or enforced against any property of Railroad for any such work
performed. Contractor shall indemnify and hold harmless Railroad from and against any and all liens,
claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of
such work done, labor performed,or materials furnished. If Contractor fails to promptly cause any lien to
Supplemental Agreement-Union Pacifc Railroad Company Page 12 of 18
Resolution No 2020-41
Page 15 of 20
be released of record. Railroad may, at its election, discharge the lien or claim of lien at Contractor's
expense.
Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
A. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber
optic cable systems is of extreme importance since any break could disrupt service to users resulting in
business interruption and loss of revenue and profits. Contractor shall telephone Railroad during normal
business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except holidays) at
1-800-336-9193 (also a 24-hour, 7-day number for emergency calls) to determine if fiber optic cable is
buried anywhere on Railroad's property to be used by Contractor. If it is, Contractor will telephone the
telecommunications company(ies)involved, make arrangements for a cable locator and, if applicable, for
relocation or other protection of the fiber optic cable. Contractor shall not commence any work until all
such protection or relocation(if applicable)has been accomplished.
B. In addition to other indemnity provisions in this Agreement,Contractor shall indemnify,
defend and hold Railroad harmless from and against all costs, liability and expense whatsoever
(including, without limitation,attorneys'fees,court costs and expenses)arising out of any act or omission
of Contractor, its agents and/or employees, that causes or contributes to (1)any damage to or destruction
of any telecommunications system on Railroad's property, and/or(2)any injury to or death of any person
employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or
employees, on Railroad's property. Contractor shall not have or seek recourse against Railroad for any
claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential
damage to a telecommunication company using Railroad's property or a customer or user of services of
the fiber optic cable on Railroad's property.
Section 6. PERMITS-COMPLIANCE WITH LAWS.
In the prosecution of the work covered by this Agreement, Contractor shall secure any and all
necessary permits and shall comply with all applicable federal, state and local laws, regulations and
enactments affecting the work including, without limitation, all applicable Federal Railroad
Administration regulations.
Section 7. SAFETY.
A. A. Safety of personnel,property,rail operations and the public is of paramount importance
in the prosecution of the work performed by Licensee or its contractor. Licensee shall be responsible for initiating,
maintaining and supervising all safety, operations and programs in connection with the work. Licensee and its
contractor shall at a minimum comply with Licensoes then current safety standards located at
www.up.com/cs/groups/public/@uprr/@suppliets/documents/up_pdf nativedocs/pdf up supplier safety_req.pdf
B. to ensure uniformity with the safety standards followed by Licensor's own forces. As a part of
Licensee's safety responsibilities, Licensee shall notify Licensor if it determines that any of Licensors safety
standards are contrary to good safety practices. Licensee and its contractor shall furnish copies of each of its
employees before they enter the job site.
B. Without limitation of the provisions of paragraph A above, Contractor shall keep the job
site free from safety and health hazards and ensure that its employees are competent and adequately
trained in all safety and health aspects of the job.
C. Contractor shall have proper first aid supplies available on the job site so that prompt first
aid services may be provided to any person injured on the job site. Contractor shall promptly notify
Supplemental Agreement-Union Pacifc Railroad Company Page 13 of 18
Resolution No.2020-41
Page 16 of 20
Railroad of any U.S. Occupational Safety and Health Administration reportable injuries. Contractor shall
have a nondelegable duty to control its employees while they are on the job site or any other property of
Railroad, and to be certain they do not use, be under the influence of, or have in their possession any
alcoholic beverage,drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of
Contractor's safety plan for conducting the work(the"Safety Plan"). Railroad shall have the right,but not
the obligation, to require Contractor to correct any deficiencies in the Safety Plan. The terms of this
Agreement shall control if there are any inconsistencies between this Agreement and the Safety Plan.
Section 8. INDEMNITY.
A. To the extent not prohibited by applicable statute,Contractor shall indemnify,defend and
hold harmless Railroad, its affiliates, and its and their officers, agents and employees ("Indemnified
Parties") from and against any and all loss, damage, injury, liability, claim, demand, cost or expense
(including, without limitation, attorneys, consultant's and expert's fees, and court costs), fine or penalty
(collectively, "Loss") incurred by any person (including, without limitation, any Indemnified Party,
Contractor, or any employee of Contractor or of any Indemnified Party) arising out of or in any manner
connected with (i) any work performed by Contractor, or (ii) any act or omission of Contractor, its
officers,agents or employees,or(iii)any breach of this agreement by Contractor.
B. The right to indemnity under this Section 8 shall accrue upon occurrence of the event
giving rise to the Loss, and shall apply regardless of any negligence or strict liability of any Indemnified
Party, except where the Loss is caused by the sole active negligence of an Indemnified Party as
established by the final judgment of a court of competent jurisdiction. The sole active negligence of any
Indemnified Party shall not bar the recovery of any other Indemnified Party.
C. Contractor expressly and specifically assumes potential liability under this Section 8 for
claims or actions brought by Contractor's own employees. Contractor waives any immunity it may have
under worker's compensation or industrial insurance acts to indemnify Railroad under this Section 8.
Contractor acknowledges that this waiver was mutually negotiated by the parties hereto.
D. No court or jury findings in any employee's suit pursuant to any worker's compensation
act or the Federal Employers' Liability Act against a party to this Agreement may be relied upon or used
by Contractor in any attempt to assert liability against Railroad.
E. The provisions of this Section 8 shall survive the completion of any work performed by
Contractor or the termination or expiration of this Agreement. In no event shall this Section 8 or any
other provision of this Agreement be deemed to limit any liability Contractor may haN e to any
Indemnified Party by statute or under common law.
Section 9. RESTORATION OF PROPERTY.
In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner
move or disturb any of the other property of Railroad in connection with the work to be performed by
Contractor,then in that event Contractor shall,as soon as possible and at Contractor's sole expense,
restore such fence and other property to the same condition as the same were in before such fence was
taken down or such other property was moved or disturbed. Contractor shall remove all of Contractor's
tools,equipment,rubbish and other materials from Railroad's property promptly upon completion of the
work,restoring Railroad's property to the same state and condition as when Contractor entered thereon.
Supplemental Agreement-Union Pacifc Railroad Company Page 14 of 18
Resolution No.2020-41
Page 17 of 20
Section 10. WAIVER OF DEFAULT.
Waiver by Railroad of any breach or default of any condition, covenant or agreement herein
contained to be kept, observed and performed by Contractor shall in no way impair the right of Railroad
to avail itself of any remedy for any subsequent breach or default.
Section 11. MODIFICATION-ENTIRE AGREEMENT.
No modification of this Agreement shall be effective unless made in writing and signed by
Contractor and Railroad. This Agreement and the exhibits attached hereto and made a part hereof
constitute the entire understanding between Contractor and Railroad and cancel and supersede any prior
negotiations, understandings or agreements, whether written or oral, with respect to the work to be
performed by Contractor.
Section 12. ASSIGNMENT-SUBCONTRACTING.
Contractor shall not assign or subcontract this Agreement,or any interest therein,without the
written consent of the Railroad. Contractor shall be responsible for the acts and omissions of all
subcontractors,and shall require all subcontractors to maintain the insurance coverage required to be
maintained by Contractor as provided in this Agreement,and to indemnify Contractor and Railroad to the
same extent as Railroad is indemnified by Contractor under this Agreement.
Supplemental Agreement-Union Pacifc Railroad Company Page 15 of 18
Resolution No.2020-41
Page 18 of 20
Form Approved. AVP-Law
09/01/2018
EXHIBIT C
Union Pacific Railroad Company
Insurance Provisions For
Contractor's Right of Entry Agreement
Contractor shall, at its sole cost and expense, procure and maintain during the course of the Project and
until all Project work on Railroad's property has been completed and the Contractor has removed all
equipment and materials from the Railroad's property and has cleaned and restored Railroad's property to
Railroad's satisfaction,the following insurance coverage:
A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of
not less than $2,000,000 each occurrence and an aggregate limit of not less than $4,000,000.
CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form
providing equivalent coverage).
The policy must also contain the following endorsement, which must be stated on the certificate
of insurance:
• Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing
equivalent coverage)showing"Union Pacific Railroad Company Property"as the Designated Job
Site.
B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00
01 (or a substitute form providing equivalent liability coverage) with a combined single limit of
not less$2,000,000 for each accident.
The policy must contain the following endorsements,which must be stated on the certificate of
insurance:
Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or substitute
form providing equivalent coverage)showing"Union Pacific Property"as the Designated Job Site.
Motor Carrier Act Endorsement—Hazardous materials clean up(MCS-90)if required by law.
C. Workers Compensation and Employers Liability insurance. Coverage must include but not be
limited to:
Contractor's statutory liability under the workers' compensation laws of the state(s) affected by this
Agreement.
Employers' Liability(Part B)with limits of at least$500,000 each accident. $500,000 disease policy limit
$500,000 each employee.
Supplemental Agreement-Union Pacifc Railroad Company Page 16 of 18
Resolution No.2020-41
Page 19 of 20
If Contractor is self-insured,evidence of state approval and excel workers compensation coverage
must be provided. Coverage must include liability arising out of the U.S. Longshoremen's and
Harbor Workers' Act,the Jones Act,and the Outer Continental Shelf Land Act,if applicable.
The policy must contain the following endorsement, which must be stated on the certificate of
insurance:
Alternate Employer endorsement ISO form WC 00 03 01 A (or a substitute form providing equivalent
coverage) showing Railroad in the schedule as the alternate employer (or a substitute form providing
equivalent coverage).
D. Railroad Protective Liability insurance. Contractor must maintain Railroad Protective Liability
insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing
equivalent coverage) on behalf of Railroad as named insured, with a limit of not less than
$2,000,000 per occurrence and an aggregate of$6,000,000. A binder stating the policy is in place
must be submitted to Railroad before the work may be commenced and until the original policy is
forwarded to Railroad.
E. Umbrella or Excess insurance. If Contractor utilizes umbrella or excess policies,these policies
must"follow form"and afford no less coverage than the primary policy.
F. Pollution Liability insurance. Pollution Liability coverage must be included when the scope of
the work as defined in the Agreement includes installation,temporary storage,or disposal of any
"hazardous" material that is injurious in or upon land, the atmosphere, or any watercourses; or
may cause bodily injury at any time.
Pollution liability coverage must be written on ISO form Pollution Liability Coverage Form
Designated Sites CG 00 39 12 04 (or a substitute form providing equivalent liability coverage),
with limits of at least$5,000,000 per occurrence and an aggregate limit of$10,000,000.
If the scope of work as defined in this Agreement includes the disposal of any hazardous or non-
hazardous materials from the job site, Contractor must furnish to Railroad evidence of pollution
legal liability insurance maintained by the disposal site operator for losses arising form the
insured facility accepting the materials, with coverage in minimum amounts of$1,000,000 per
loss,and an annual aggregate of$2,000,000.
Other Requirements
G. All policy(ies) required above (except worker's compensation and employers liability) must
include Railroad as"Additional Insured" using ISO Additional Insured Endorsements CG 20 26,
and CA 20 48 (or substitute forms providing equivalent coverage). The coverage provided to
Railroad as additional insured shall, to the extent provided under ISO Additional Insured
Endorsement CG 20 26, and CA 20 48 provide coverage for Railroad's negligence whether sole
or partial, active or passive,and shall not be limited by Contractor's liability under the indemnity
provisions of this Agreement.
H. Punitive damages exclusion, if any, must be deleted(and the deletion indicated on the certificate
of insurance), unless the law governing this Agreement prohibits all punitive damages that might
arise under this Agreement.
Supplemental Agreement-Union Pacifc Railroad Company Page 17 of 18
PARTIALLY EXECUTED
RUSH ITEM
SIGNATURE ROUTING FORM
CONTRACTOR: Union Pacific Railroad Company
CONTRACT PURPOSE: Supplemental Agreement
CONTRACT IS: 0 FEDERAL 0 PREVAILING WAGE 0 COMPETITIVE SELECTION&NOTICED RFP
❑ COMPETITIVE BID&NOTICED INVITATION TO BID
O EXEMPT FROM COMPETITIVE PROCESS(APPROVAL ATTACHED)
® SERVICES 0 MATERIALS 13 BUDGETED 0 NOT BUDGETED
TOTAL CONTRACT VALUE: $ 0 Charge Acct.No(s)055.9100.590000
($1,000.00 Administrative Handling Fee)
Amendment Value$ o Contract is an Amendment to Eden Contract No. (if applicable)
RESPONSIBLE DEPARTMENT PERSON: Tim Bass/Adriana Ramos PHONE:ext.283
AUTHORIZATION: al Approved by Council on 11/03/2020
(Check one and attach) Resolution No. 2020-41(if applicable)
supporting documentation)
❑ Approved by City Administrator on
0 Approved by Finance Director on
ROUTING SEOUENCE: (Please Follow In Order) Initials Date
(1)Responsible Department Person
Certifies compliance with Competitive Bidding and Purchasing Ordinance, AR 11/04/20
obtains approval from City Council/City Administrator/Finance Director,and obtains
approval as to form from the City Attorney's Office,assembles two(2)originals of contract,
obtains proper signatures from contractor/consultant pursuant to the signature requirements,
obtains insurance&bond documents, notifies IT to remove related RFP/bid notice from the
City's website(if applicable),enters contract into Eden once routing process is complete.
(2)Liability and Claims /
Approves insurance and sureties, if bonds required.
(3)Finance(Purchasing)
Checks compliance with Competitive Bidding&Living Wage Ordinances
and reflected in current budget.
(4)City Attorney
Approves contract as to form. —
`t/') , —)
(5)City Signatory �*1
Signs document on behalf of City. -- 1 (-1-Z 014)
(6)City Clerk / ///�( .20
Attests signatures,numbers and files contract,enters contract documents
(executed contract, supporting documentation, insurance and bonds,etc.)into Laserfiche,
transmits duplicate original to contractor/consultant,notifies Responsible Department Person,
and notifies any"consultant"of duties to file Form 700, if applicable.
Rev 6/2017
Resolution No.2020-41
Page 3 of 20
SUPPAGR.DOC 980220
Form Approved,AVP-Law
Audit: A 106726
Folder: 00503-36
SUPPLEMENTAL AGREEMENT
THIS SUPPLEMENTAL AGREEMENT is entered into on the 3rd day of
November , 20 20, between UNION PACIFIC RAILROAD COMPANY ("Licensor") and
CITY OF VERNON,a Municipal Corporation in the State of California,whose address is 4305 Santa Fe
Avenue,Vernon, California 90058 ("Licensee").
RECITALS:
By instrument dated 4/18/1986, between the City of Vernon and Los Angeles & Salt
Lake Railroad Company which was acquired by Licensor on 1/1/1988, entered into an agreement
("Basic Agreement"), with certain supplements thereto identified as Audit No. A106726, at
FRUITLAND,CALIFORNIA.
AGREEMENT:
NOW,THEREFORE, IT IS AGREED by and between the parties hereto as follows:
Article 1. SUBSTITUTION OF PRINT.
The print dated July 09, 2020, attached hereto as Exhibit'A',shall be and hereby is substituted for
the print dated May 12, 1988, attached to the Supplemental Agreement dated 5/12/1988, and from and
after the effective date herein whenever the term Wireline is used in the Basic Agreement, or any
amendment or supplement thereto (if any), such reference shall be deemed to refer to the Wireline as
shown on Exhibit'A',hereto attached.
Article 2. CONSENT TO WORK.
This Supplemental Agreement will serve as notification that the Railroad Company approves of
your intentions to rebuild the existing overhead wireline crossing to consist of three (3) 16.340kV
wirelines in accordance with Exhibit A.
Article 3. CONTRACTOR RIGHT OF ENTRY.
If a contractor is to do any of the work performed on or about the Railroad Company's property,
then Utility shall require its contractor to execute the Railroad Company's form Contractor's Right of
Entry Agreement, EXHIBIT B. Utility acknowledges receipt of a copy of Contractor's Right of Entry
Agreement and understanding its term, provisions and requirements, and will inform its contractor of the
need to execute the Agreement. Under no circumstances will Utility's contractor be allowed on or about
the Railroad Company's property without first executing the Contractor's Right of Entry Agreement.
Supplemental Agreement-Union Pacifc Railroad Company Page 1 of 18
Resolution No.2020-41
Page 4 of 20
Article 4. NOTICE OF COMMENCEMENT OF WORK/ RAILROAD REPRESENTATIVE
/SUPERVISION/FLAGGING/SAFETY.
If an emergency should arise requiring immediate attention, the Licensee shall provide as much
notice as practicable to Railroad, by calling the Response Management Communication Center at (888)
877-7267 before commencing any work. In all other situations, the Licensee shall notify the Railroad at
least ten (10) days (or such other time as the Railroad may allow) in advance of the commencement of
any work upon property of the Railroad in connection with the construction,maintenance,repair, renewal,
modification, reconstruction, relocation or removal of the Wireline. All such work shall be prosecuted
diligently to completion. The Licensee will coordinate its initial and any subsequent work with the
following employee of Railroad or his or her duly authorized representative (hereinafter "Railroad
Representative"or"Railroad Representative"):
Railpros Flagging
up.info@railpros.com
877-315-0513 x 116
Jose A. Rubio
Work Phone: (626)935-7681
Cell Phone: (562)318-4153
Email address: jarubio@up.com
Article 5. EFFECTIVE DATE.
This Supplemental Agreement shall be effective as of November 3,2020.
Article 6. AGREEMENT SUPPLEMENT.
Nothing in this Supplemental Agreement shall be construed as amending or modifying the Basic
Agreement unless specifically provided herein.
Article 7. ADMINISTRATIVE HANDLING CHARGE.
Upon execution and delivery of this Supplemental Agreement, the Licensee shall pay to the
Licensor an administrative handling charge of One Thousand DOLLARS($1,000.00).
Supplemental Agreement-Union Pacifc Railroad Company Page 2 of 18
Resolution No.2020-41
Page 3 of 20
SUPPAGR.DOC 980220
Form Approved,AVP-Law
Audit: A 106726
Folder: 00503-36
SUPPLEMENTAL AGREEMENT
THIS SUPPLEMENTAL AGREEMENT is entered into on the 3rd day of
November , 20 20, between UNION PACIFIC RAILROAD COMPANY ("Licensor") and
CITY OF VERNON, a Municipal Corporation in the State of California, whose address is 4305 Santa Fe
Avenue,Vernon, California 90058 ("Licensee").
RECITALS:
By instrument dated 4/18/1986, between the City of Vernon and Los Angeles & Salt
Lake Railroad Company which was acquired by Licensor on 1/1/1988, entered into an agreement
("Basic Agreement"), with certain supplements thereto identified as Audit No. A106726, at
FRUITLAND, CALIFORNIA.
AGREEMENT:
NOW,THEREFORE, IT IS AGREED by and between the parties hereto as follows:
Article 1. SUBSTITUTION OF PRINT.
The print dated July 09,2020, attached hereto as Exhibit'A', shall be and hereby is substituted for
the print dated May 12, 1988, attached to the Supplemental Agreement dated 5/12/1988, and from and
after the effective date herein whenever the term Wireline is used in the Basic Agreement, or any
amendment or supplement thereto (if any), such reference shall be deemed to refer to the Wireline as
shown on Exhibit'A',hereto attached.
Article 2. CONSENT TO WORK.
This Supplemental Agreement will serve as notification that the Railroad Company approves of
your intentions to rebuild the existing overhead wireline crossing to consist of three (3) 16.340kV
wirelines in accordance with Exhibit A.
Article 3. CONTRACTOR RIGHT OF ENTRY.
If a contractor is to do any of the work performed on or about the Railroad Company's property,
then Utility shall require its contractor to execute the Railroad Company's form Contractor's Right of
Entry Agreement, EXHIBIT B. Utility acknowledges receipt of a copy of Contractor's Right of Entry
Agreement and understanding its term, provisions and requirements, and will inform its contractor of the
need to execute the Agreement. Under no circumstances will Utility's contractor be allowed on or about
the Railroad Company's property without first executing the Contractor's Right of Entry Agreement.
Supplemental Agreement-Union Pacifc Railroad Company Page 1 of 18
Resolution No.2020-41
Page 4 of 20
Article 4. NOTICE OF COMMENCEMENT OF WORK/RAILROAD REPRESENTATIVE
/SUPERVISION/FLAGGING/SAFETY.
If an emergency should arise requiring immediate attention, the Licensee shall provide as much
notice as practicable to Railroad, by calling the Response Management Communication Center at (888)
877-7267 before commencing any work. In all other situations, the Licensee shall notify the Railroad at
least ten (10) days (or such other time as the Railroad may allow) in advance of the commencement of
any work upon property of the Railroad in connection with the construction,maintenance,repair, renewal,
modification, reconstruction, relocation or removal of the Wireline. All such work shall be prosecuted
diligently to completion. The Licensee will coordinate its initial and any subsequent work with the
following employee of Railroad or his or her duly authorized representative (hereinafter "Railroad
Representative"or"Railroad Representative"):
Railpros Flagging
up.info@railpros.com
877-315-0513 x 116
Jose A. Rubio
Work Phone: (626)935-7681
Cell Phone: (562)318-4153
Email address: jarubio@up.com
Article 5. EFFECTIVE DATE.
This Supplemental Agreement shall be effective as of November 3,2020.
Article 6. AGREEMENT SUPPLEMENT.
Nothing in this Supplemental Agreement shall be construed as amending or modifying the Basic
Agreement unless specifically provided herein.
Article 7. ADMINISTRATIVE HANDLING CHARGE.
Upon execution and delivery of this Supplemental Agreement, the Licensee shall pay to the
Licensor an administrative handling charge of One Thousand DOLLARS($1,000.00).
Supplemental Agreement-Union Pacifc Railroad Company Page 2 of 18
Resolution No.2020-41
Page 5 of 20
IN WITNESS WHEREOF,the parties have executed this Supplemental Agreement as of the day
and year first written.
::I
ON PACIFIC RAILROAD COMPANY VERNON,CI O
By:
Valerie Harrill Name Printed: Carlos Fandino
Mgr II Real Estate Contracts
Title: City Administrator
ATTEST:
hc / 2..
Lisa Pope, City Clerk
APPROVED AS TO FORM:
-;- A 1 M. Alvarez-Glasman,
Interim City Attorney
Supplemental Agreement-Union Pacifc Railroad Company Page 3 of 18
Resolution No.2020-41
Pdye 8 of 20
PLACE ARROW INDICATING NORTHOVERHEAD WIRELINE CROSSING
DIRECTION RELATIVE TO CROSSING
OVER 750 VOLTS FORM 011-0404-H
REV 10-26-2007
NOTE: ALL AVAILABLE DIMENSIONS MUST BE w""M �^s
~~ FILLED IN TO EXPEDITE THIS APPLICATION. NO SCALE
0R LEGAL SURVEY LINE, WHERE APPLICABLE)
_LINE SECT ION_,TOWNSHIPRANGE_, MERIDIAN
o ® RR'S R/■
41 r 520 FT. -• 4760 FT.
I. 934J FT. -• 428.17 FT.
(--� 0 FT.
1 90 • 11 . 49 - oIf r !ANO'_E Or CROSSING' id
TO Hustinglon Park —..,
!NEAREST R.R. TOWN) -' EYA IN TRACK ,� 1 NEAREST R.R. TONN)I I 1 I { 1 ' 1 1 { l 1 I I 4, 1 { I { 2 I I; 1 I 1
District Ave.C/L Freeland Ave C/L
l OESCRIBF FIXED 08JECr) s :: sca:eL FIXLC Ce_LC4'
(ES:219.92)
• FT. -.. 0 FT.
!DISTANCE ALONG TRACK FROM SECTION LIVE CROSSING) Let 33.997863
!NOTE: THIS DIIEENSION REOJIRED IN ALL CASES.
AT LOCATIONS NOT USING SECTIONS, DISTANCE Long:-118.204517
-- TO A LEGAL SURVEY LINE IS REWIRED) -- r -—
RR'S R/R ®0
FT.—i{ SNaMAMAMMONDF GUY NOVAS
: 47 FT.
' 36 FT. (MINA') I
49_5 FT. •
51.5FT. •z
.` 6ROl1ND
/7 I✓ i r TOP-oF-RAIL I.
•
,RR CONK t1 SIGNALNES SUBGRADE •¢
.e
I / I ROADBED I F
r •
® I I▪t -- �FT. - +-• 31.5 FT. >.. - 0 FT. -
4
1'• - 26 FT. /MIN.SO')- -4 k 25.8 FT. (MIN.50'1 -
CIRCUITS TO BE CARRIED ON PROPOSED WIRELINE
NO. OF VOLTAGE TO VOLTAGE TO NO. OF SOLID OR
CIRCUITS GROUND(KV) VOLTAGEIKV) PHASES WIRES GAUGE MATERIAL STRANDED HEIGHT NOTES :
1 9.434 16.340 3 3 336 ACSR STRANDED 49,5
A) DISTRIBUTION LINE DISTRIBUTION LINE
B) IS THERE A SIGNAL OR COMMUNICATION POLELINE NEAR THE TRACKS? YES EXHIBIT "A"
.fa..:,.Kl'-Y r•- Y.K'ORM IN i.1)ON,
C) MAXIMUM GROUND CURRENT AT FEED:ISLE__AMPS. AT LOAD:54.7 AMPS.
DI WHAT TYPE OF FACILITY WILL LINE BE SERVING? INDUSTRIAL UNION PACIFIC RAILROAD CO.
El IF A NEW POWER SUBSTATION IS TO BE BUILT WITHIN I/2 MILE OF RR, WHAT IS MAX:
OPERATING CURRENT TO GROUND? MPS: RESISTANCE TO GROl1NIY1 OHMS; San Pedro Sub.
FAULT CURRENT TO GROUND? AMPS. .sleotv:s:a:
F) GROUND WIRE: SIZE 0 ;MATERIAL N/A ;SOLID OR STRANDED SOLID
6) CROSSING SPAN: LENGTH. FT.; NORMAL CONDUCTOR SAG?IN. AT7•F. M. P. 4.10 E. S. 215+63.83
H) ADJOINING SPANS: LENGTH FT.; NORMAL CONDUCTOR SAG IN. AT •F.
LENGTH FT.; NORMAL CONDUCTOR SAG IN. AT •F. OVERHEAD WIRELINE CROSSING
I) POLE I: TIMBER LENGTH10_._FT. DEPTH OF SETTINGS—FT. VERNON LOS ANGELES CA
HEIGHT ABOVE GROUND FT. Muss a s( r:a. car r; s_AT„
CLASS OR BUTT AND TOP DIMENSIONS 1
POLE2: TIMBER LENGTHSO_FT. DEPTH OF SETTING ii___FT. FOR VERNON PUBLIC UTILITIES
HEIGHT ABOVE GROUND j2—FT. .0441:..i,
CLASS OR BUTT AND TOP DIMENSIONS 22
(IF STEEL TOWERS ARE EMPLOYED, FURNISH DETAIL DRAWINGS) RR FILE NO.0503-36 DATF 7/972020
J) HEAD GUYS: NUMBER ON EACH POLE 1 ; SIZE OR STRENGTHIF5.; LEAD25_.
K) SIDE GUYS: NUMBER EACH WAY 1 ; SIZE OR STRENGTHIF:104 LEAD50—. WARN I N G
L) CROSSARMS:SINGLE OR DOUBLE DOUBLE;MATERIAL DOUGLAS FIR ;SIZEIJL BY.— ��IN,,�LL OCCASIONS, U. P. COIeANI CAT IONS DEPARTMENT MAST BE
M) INSULATORS:PIN OR SUSPENSION PIN ;MANUFACTURER'S AND CATALOGUE N0. hel-34 TED IN ADVANCE OF ANY WORK TO DETERMINE EXISTENCE MCI
NI CONDUCTOR ATTACHMENT: TIES OR CLAMPS CLAMPS LOCATION OF FIBER OPTIC CABLE. PHONE: I- SO0-33-919S
0) APPLICANT HAS CONTACTED 1-600-336-9193, U.P. COMMUNICATION DEPARTMENT,
AND HAS DETERMINED FIBER OPTIC CABLE EXIST IN VICINITY OF WORK TO BE PERFORMED.
TICKET NO.
P) IF POWER LINE PARALLELS TRACK WITHIN 1/2 MILE, INCLUDE DIAGRAM SHOWING SPACING AND CONFIGURATION OF WIRES INCLUDING SHIELD WIRES.
Supplemental Agreement-Union Pacifc Railroad Company Page 4 of 18
Resolution No.2020-41
Page 7 of 20
Folder: 00503-36
To the Contractor:
Before Union Pacific Railroad Company can permit you to perform work on its right of way, it will be
necessary to complete two originals of the enclosed 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.
2. 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.
3. Please print two copies, execute on your behalf and return ALL DOCUMENTS with a check for
any payments required, as shown below to 1400 Douglas Street, Omaha, NE 68137-1690 Attn:
Valerie Harrill.
4. Check, with Folder No. 00503-36 written on the front, made payable to the Union Pacific
Railroad Company in the amount of ONE THOUSAND DOLLARS ($1,000.00). 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.
5. Railroad Protective Liability Insurance (RPLI) certificate listing folder number 00503-36. Only
one RPI certificate is required and must be on a separate certificate from your general liability
insurance.
After approval of the Right of Entry Agreement and insurance certificate,one fully-executed counterpart
of the Agreement will be returned to you. In no event should you begin work until you have received
your counterpart of the fully-executed Agreement.
Sincerely,
Valerie Harrill
Mgr II Real Estate Contracts-Real Estate
Supplemental Agreement-Union Pacifc Railroad Company Page 5 of 18
Resolution No.2020-41
Page 8 of 20
EXHIBIT B
TO
SUPPLEMENTAL AGREEMENT
Folder No.00503-36
Form Approved.AVP-Law
09/01/2018
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
THIS AGREEMENT is made and entered into as of the by and between
UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, ("Railroad") and
,("Contractor"),
to be addressed at
RECITALS:
The Contractor has been hired by City of Vernon to rebuild existing overhead 16.340kV wireline
crossing (the "work"), with all or a portion of such work to be performed on property of Railroad at Mile
Post 4.1, on the San Pedro Subdivision at or near FRUITLAND, Los Angeles County, California.
pursuant to a Supplemental Agreement between Railroad and Vernon,City Of with an effective date of
7/13/2020 at such location as shown on the print marked Exhibit A attached hereto and hereby made a
part hereof.
Railroad is willing to permit Contractor to perform the work described above at the location
described above subject to the terms and conditions contained in this Agreement.
AGREEMENT:
NOW, THEREFORE, it is mutually agreed by and between 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
Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its or
their authority.
Article II. RIGHT GRANTED; PURPOSE.
Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and
subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have
ingress to and egress from the property described in the Recitals for the purpose of performing 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 IV, and is strictly limited to the scope of work identified to the Railroad, as determined by the
Railroad in its sole discretion, and for no other purpose.
Supplemental Agreement-Union Pacifc Railroad Company Page 6 of 18
Resolution No.2020-41
Page 9 of 20
Article III. TERMS AND CONDITIONS CONTAINED IN EXHIBITS B AND C.
The terms and conditions contained in Exhibit B and C, attached hereto, are hereby made a part
of this Agreement.
Article IV. ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD
REPRESENTATIVE.
A. Contractor shall bear any and all costs and expenses associated with any work performed
by Contractor,or any costs or expenses incurred by Railroad relating to this Agreement.
B. Contractor shall coordinate all of its work with the following Railroad representative or
his or her duly authorized representative(the"Railroad Representative"):
UP.info@railpros.com Jose A. Rubio
(877)-315-0513 x. 116 Work Phone: (626)935-7681
Cell Phone: (562)318-4153
Email address: jarubio( up.com
C. Contractor, at its own expense, shall adequately police and supervise all work to be
performed by Contractor and shall ensure that such work is performed in a safe manner as set forth in
Section 7 of Exhibit B. The responsibility of Contractor for safe conduct and adequate policing and
supervision of Contractor's work shall not be lessened or otherwise affected by Railroad's approval of
plans and specifications involving the work,or by Railroad's collaboration in performance of any work,or
by the presence at the work site of a Railroad Representative, or by compliance by Contractor with any
requests or recommendations made by Railroad Representative.
Article V. TERM; TERMINATION.
A. The grant of right herein made to Contractor shall commence on the date of this
Agreement,and continue for one(1)year from 7/13/2020,unless sooner terminated as herein provided,or
at such time as Contractor has completed its work on Railroad's property,whichever is earlier. Contractor
agrees to notify the Railroad Representative in writing when it has completed its work on Railroad's
property.
B. This Agreement may be terminated by either party on ten (10) days written notice to the
other party.
Article VI. CERTIFICATE OF INSURANCE.
A. Only upon request, Contractor will provide Railroad with the insurance binders, policies,
certificates and/or endorsements set forth in Exhibit C of this Agreement.
Supplemental Agreement-Union Pacifc Railroad Company Page 7 of 18
Resolution No.2020-41
Page 10 of 20
B. All insurance correspondence, binders,policies, certificates and/or endorsements shall be
sent to:
Folder No: 00503-36
Union Pacific Railroad Company
1400 Douglas Street STOP 1690
Omaha,Nebraska 68179-1690
Article VII. CHOICE OF FORUM.
Litigation arising out of or connected with this Agreement may be instituted and maintained in
the courts of the State of 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.
Article VIII. DISMISSAL OF CONTRACTOR's EMPLOYEE.
At the request of Railroad, Contractor shall remove from Railroad's property any employee of
Contractor who fails to conform to the instructions of the Railroad Representative in connection with the
work on Railroad's property, and any right of Contractor shall be suspended until such removal has
occurred. Contractor shall indemnify Railroad against any claims arising from the removal of any such
employee from Railroad's property.
Article IX. ADMINISTRATIVE FEE.
Upon the execution and delivery of this Agreement, Contractor shall pay to Railroad One
Thousand Dollars ($1,000.00) as reimbursement for clerical, administrative and handling expenses in
connection with the processing of this Agreement.
Article X. CROSSINGS.
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.
Supplemental Agreement-Union Pacifc Railroad Company Page 8 of 18
Resolution No.2020-41
Page 11 of 20
Article XL EXPLOSIVES.
Explosives or other highly flammable substances shall not be stored on Railroad's property
without the prior written approval of Railroad.
IN WITNESS WHEREOF,the parties have caused this Agreement to be executed in duplicate as
of the date first herein written.
UNION PACIFIC RAILROAD COMPANY
By:
Valerie Harrill (Contractor Name)
Mgr II Real Estate Contracts
By
Name:
Title:
Telephone:
Email:
Supplemental Agreement-Union Pacifc Railroad Company Page 9 of 18
Resolution No.2020-41
rage i c UT 20
PLACE ARROW INDICATING NORTHOVERHEAD WIRELINE CROSSING
DIRECTION RELATIVE TO CROSSING
OVER 750 VOLTS FORM DR-0404-H
REV 10-26-2007
�y NOTE: ALL AVAILABLE DIMENSIONS MUST BE rnv*UPRcom
FILLED IN TO EXPEDITE THIS APPLICATION. NO SCALE
(OR LEGAL SURVEY LINE, WHERE APPLICABLE)
_LINE SECTION OR
MERIDIAN
0 ® RR•S 9/e
�� A
I • 50 FT.- ._ — 4760 FT.
+ 934.1 FT. • 428.17 FT.-- 0 FT.
Nrt , ry - 90 • 11 • 49 - o F
a j tA.G'-E Or CROSSING: id
3 TO HiJlbngbn Park __a
(NEAREST R.R. 'Om) UA', TRACK „i _
(NEAREST R.R. TORN)
I I i 1 1 1 1 1 ' i 4k\_1 1 1 1 h 1 11 1 I 1 I I '1 i 1 I •
District Ave.C!L ■ Fn,RIar d Ave.GL 14
(DESCRIBE FIXED OBJECT) F ,DESCRIBE FIXED OBJECT
W
(ES-219+92)
—
0 FT.
(DISTANCE ALONG TRACK FROMFL SECTION LINE CROSSING) Lot:33.997863
t WTE: THIS OIIENSION REWIRED IN ALL CASES.
AT LOCATIONS NOT ?SING SECTIONS, DISTANCE Long:-118.204517
TO A LEGAL SERVED LINE IS RFOU1RFO)
RR•S R/R
E FT. I. SHOW P1rcEMENT a our ANCHORS
®0
•
47 FT.
' 36 FT. (MIN.4') 49_5 FT. I
51.SFT. CR'e
I.Q SURFACE (00
f } r TOP-OF-RAIL I�
4 RCR 1: 5
.1C-WIL EB
' f"GRAM _
/ I ROADBED 1 \
® I I' U FT. -- I 31.5 FT. -I - -- 0 FT.
H — — - T6 FT. l MIN.50') -- .1 k - -- - 25.8 FT. (MIN.50'I - +«
CIRCUITS TO BE CARRIED ON PROPOSED WIRELIKE
NO. OF VOLTAGE TO VOLTAGE TO NO. OF SOLID OR
CIRCUITS GROUND(KV) VOLTAGEIKV) PHASES WIRES GAUGE MATERIAL STRANDED HEIGHT NOTES :
1 9.434 16.340 3 3 336 ACSR STRANDED 49 5
A) DISTRIBUTION LINE DISTRIBUTION LINE EXHIBIT "A"
B) IS THERE A SIGNAL OR COMMUNICATION POLELINE NEAR THE TRACKS? YES
„a,•A)t•CAC-SC Ow.•- X..4-Aso•E:.,.:$aC.
C) MAX IIAAI GROUND CURRENT AT FEED: .7 AMPS. AT LOAD:,S 7_AMPS.
Dl WHAT TYPE OF FACILITY WILL LINE BE SERVING? INDUSTRIAL UNION PACIFIC RAILROAD CO.
El IF A NEW POWER SUBSTATION IS TO BE BUILT WITHIN 1/2 MILE OF RR, WHAT IS MAX:
OPERATING CURRENT TO GROUND? AMPS: RESISTANCE TO GROUND? OHMS; San Pedro Sub.
FAULT CURRENT TO GROUND? AMPS. :an0•.ts.or
F) GROUND ■IRE: SIZE 0 ;MATERIAL N/A ;SOLID OR STRANDED SOLID
G) CROSSING SPAN. LENGTH 83.3 FT.; NORMAL CONDUCTOR SAG:�_IN. AT 70 •F. M. P. 4.10 E. S. 215+63.83
HI ADJOINING SPANS: LENGTH FT.; NORMAL CONDUCTOR SAG IN. AT •F.
LENGTH FT.; NORMAL CONDUCTOR SAG IN. AT •F. OVERHEAD WIRELINE CROSSING
I) POLE 1: TIMBER LENGTH_IN___.FT. DEPTH OF SETT ING✓__FT.
HEIGHT ABOVE GROUNCI R_FT. VERNON LOS ANGELES CA
CLASS OR BUTT AND TOP DIMENSIONS 1 t•EAR[s•rot SW ICAO ,ca«Tr, ,s•.,T,
POLE2: TIABER LENGTH.9___FT. DEPTH OF SETT ING.§____.FT. FOR VERNON PUBUC UTILITIES
HEIGHT ABOVE GROUND 32_FT. , ICAO,
CLASS OR BUTT AND TOP DIMENSIONS 22
(IF STEEL TOWERS ARE EMPLOYED, FURNISH DETAIL DRAWINGS) RR FILE NO.0503-36 DATF 7/9/2020
J) HEAD GUYS: NUMBER ON EACH POLE SIZE OR STRENGTH) 0Q; LEAD2,5_.
K) SIDE GUYS: NUMBER EACH WAY I ; SIZE OR STRENGTH.1 .; LEAD 50_. WARN I N G
L) CROSSARMS:SINGLE OR DOUBLE=SALE;MATERIAL DOUGLAS FIR ;SIZE 10 BY. IN µL OCCASIONS. U. P. COIaANICAT IONS DEPARTMENT MIST BE
MI INSULATORS:PIN OR SUSPENSION PIN ;MANUFACTURER'5 AM) CATALFXt71IE NO.)+endHK" 1-344*CTED IN ADVANCE OF AM MORN( TO OETERYINE EXISTENCE A►O
N) CONDUCTOR ATTACHMENT: TIES OR CLAMPS CLAMPS LOCATION OF FIBER OPTIC CABLE. PHONE: I- 900-336-S193
0) APPLICANT HAS CONTACTED I-800-336-9193, U.P. COWINI CAT ION DEPARTMENT,
AND HAS DETERMINED FIBER OPTIC CABLE EXIST IN VICINITY OF WORK TO BE PERFORMED.
TICKET NO.
P1 IF POWER LINE PARALLELS TRACK WITHIN 1/2 MILE, INCLUDE DIAGRAM SHOWING SPACING AND CONFIGURATION OF WIRES INCLUDING SHIELD WIRES.
Supplemental Agreement-Union Pacifc Railroad Company Page 10 of 18
Resolution No.2020-41
Page 13 of 20
Form Approved,AVP-Law
09/01/2018
EXHIBIT B
To
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
Section 1. NOTICE OF COMMENCEMENT OF WORK-FLAGGING.
A. Contractor agrees to notify the Railroad Representative at least ten (10) working days in
advance of Contractor commencing its work and at least ten (10) working days in advance of proposed
performance of any work by Contractor in which any person or equipment will be within twenty-five(25)
feet of any track, or will be near enough to any track that any equipment extension (such as, but not
limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind
shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall
be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any
time, for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of
such ten (10)-day notice, the Railroad Representative will determine and inform Contractor whether a
flagman need be present and whether Contractor needs to implement any special protective or safety
measures. If flagging or other special protective or safety measures are performed by Railroad, Railroad
will bill Contractor for such expenses incurred by Railroad, unless Railroad and a federal, state or local
governmental entity have agreed that Railroad is to bill such expenses to the federal, state or local
governmental entity. If Railroad will be sending the bills to Contractor, Contractor shall pay such bills
within thirty (30) days of Contractor's receipt of billing. If Railroad performs any flagging, or other
special protective or safety measures are performed by Railroad, Contractor agrees that Contractor is not
relieved of any of its responsibilities or liabilities set forth in this Agreement.
B. The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for
an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in
accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition
to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental
sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees
Liability and Property Damage and Administration will be included, computed on actual payroll. The
composite charge will be the prevailing composite charge in effect at the time the work is performed.
One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and
one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or
by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a
ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If
the wage rate or additional charges are changed, Contractor (or the governmental entity, as applicable)
shall pay on the basis of the new rates and charges.
C. Reimbursement to Railroad will be required covering the full eight-hour day during
which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a
portion of such day, in which event reimbursement will not be required for the portion of the day during
which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day
not actually worked by the flagman following the flagman's assignment to work on the project for which
Supplemental Agreement-Union Pacifc Railroad Company Page 11 of 18
Resolution No.2020-41
Page 14 of 20
Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by
assignment of such flagman to other work, even though Contractor may not be working during such time.
When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in
compliance with union collective bargaining agreements,Contractor must provide Railroad a minimum of
five(5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is
not given, Contractor will still be required to pay flagging charges for the five (5) day notice period
required by union agreement to be given to the employee, even though flagging is not required for that
period. An additional ten(10) days notice must then be given to Railroad if flagging services are needed
again after such five day cessation notice has been given to Railroad.
Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED
A. The foregoing grant of right is subject and subordinate to the prior and continuing right
and obligation of the Railroad to use and maintain its entire property including the right and power of
Railroad to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks,
roadways, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon,
along or across any or all parts of its property, all or any of which may be freely done at any time or times
by Railroad without liability to Contractor or to any other party for compensation or damages.
B. The foregoing grant is also subject to all outstanding superior rights (including those in
favor of licensees and lessees of Railroad's property, and others) and the right of Railroad to renew and
extend the same,and is made without covenant of title or for quiet enjoyment.
Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS
TENANTS.
A. Contractor shall conduct its operations so as not to interfere with the continuous and
uninterrupted use and operation of the railroad tracks and property of Railroad, including without
limitation, the operations of Railroad's lessees, licensees or others, unless specifically authorized in
advance by the Railroad Representative. Nothing shall be done or permitted to be done by Contractor at
any time that would in any manner impair the safety of such operations. When not in use, Contractor's
machinery and materials shall be kept at least fifty (50) feet from the centerline of Railroad's nearest
track, and there shall be no vehicular crossings of Railroads tracks except at existing open public
crossings.
B. Operations of Railroad and work performed by Railroad personnel and delays in the work
to be performed by Contractor caused by such railroad operations and work are expected by Contractor,
and Contractor agrees that Railroad shall have no liability to Contractor, or any other person or entity for
any such delays. The Contractor shall coordinate its activities with those of Railroad and third parties so
as to avoid interference with railroad operations. The safe operation of Railroad train movements and
other activities by Railroad takes precedence over any work to be performed by Contractor.
Section 4. LIENS.
Contractor shall pay in full all persons who perform labor or provide materials for the work to be
performed by Contractor. Contractor shall not create, permit or suffer any mechanic's or materialmen's
liens of any kind or nature to be created or enforced against any property of Railroad for any such work
performed. Contractor shall indemnify and hold harmless Railroad from and against any and all liens,
claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of
such work done, labor performed, or materials furnished. If Contractor fails to promptly cause any lien to
Supplemental Agreement-Union Pacifc Railroad Company Page 12 of 18
Resolution No.2020-41
Page 15 of 20
be released of record, Railroad may, at its election, discharge the lien or claim of lien at Contractor's
expense.
Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
A. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber
optic cable systems is of extreme importance since any break could disrupt service to users resulting in
business interruption and loss of revenue and profits. Contractor shall telephone Railroad during normal
business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except holidays) at
1-800-336-9193 (also a 24-hour, 7-day number for emergency calls) to determine if fiber optic cable is
buried anywhere on Railroad's property to be used by Contractor. If it is, Contractor will telephone the
telecommunications company(ies) involved, make arrangements for a cable locator and, if applicable, for
relocation or other protection of the fiber optic cable. Contractor shall not commence any work until all
such protection or relocation(if applicable)has been accomplished.
B. In addition to other indemnity provisions in this Agreement, Contractor shall indemnify,
defend and hold Railroad harmless from and against all costs, liability and expense whatsoever
(including, without limitation, attorneys'fees,court costs and expenses) arising out of any act or omission
of Contractor, its agents and/or employees, that causes or contributes to (1) any damage to or destruction
of any telecommunications system on Railroad's property, and/or(2) any injury to or death of any person
employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or
employees, on Railroad's property. Contractor shall not have or seek recourse against Railroad for any
claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential
damage to a telecommunication company using Railroad's property or a customer or user of services of
the fiber optic cable on Railroad's property.
Section 6. PERMITS-COMPLIANCE WITH LAWS.
In the prosecution of the work covered by this Agreement, Contractor shall secure any and all
necessary permits and shall comply with all applicable federal, state and local laws, regulations and
enactments affecting the work including, without limitation, all applicable Federal Railroad
Administration regulations.
Section 7. SAFETY.
A. A. Safety of personnel,property,rail operations and the public is of paramount importance
in the prosecution of the work performed by Licensee or its contractor. Licensee shall be responsible for initiating,
maintaining and supervising all safety, operations and programs in connection with the work. Licensee and its
contractor shall at a minimum comply with Licensor's then current safety standards located at
www.up.coniks/groups/publici@upre@suppliers/documents/up_pdf nativedocs/pdf up_supplier_safety req.pdf
B. to ensure uniformity with the safety standards followed by Licensor's own forces. As a part of
Licensee's safety responsibilities, Licensee shall notify Licensor if it determines that any of Licensor's safety
standards are contrary to good safety practices. Licensee and its contractor shall furnish copies of each of its
employees before they enter the job site.
B. Without limitation of the provisions of paragraph A above, Contractor shall keep the job
site free from safety and health hazards and ensure that its employees are competent and adequately
trained in all safety and health aspects of the job.
C. Contractor shall have proper first aid supplies available on the job site so that prompt first
aid services may be provided to any person injured on the job site. Contractor shall promptly notify
Supplemental Agreement-Union Pacifc Railroad Company Page 13 of 18
Resolution No.2020-41
Page 16 of 20
Railroad of any U.S. Occupational Safety and Health Administration reportable injuries. Contractor shall
have a nondelegable duty to control its employees while they are on the job site or any other property of
Railroad, and to be certain they do not use, be under the influence of, or have in their possession any
alcoholic beverage,drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of
Contractor's safety plan for conducting the work(the"Safety Plan"). Railroad shall have the right,but not
the obligation, to require Contractor to correct any deficiencies in the Safety Plan. The terms of this
Agreement shall control if there are any inconsistencies between this Agreement and the Safety Plan.
Section 8. INDEMNITY.
A. To the extent not prohibited by applicable statute, Contractor shall indemnify,defend and
hold harmless Railroad, its affiliates, and its and their officers, agents and employees ("Indemnified
Parties") from and against any and all loss, damage, injury, liability, claim, demand, cost or expense
(including, without limitation, attorney's, consultant's and expert's fees, and court costs), fine or penalty
(collectively, "Loss") incurred by any person (including, without limitation, any Indemnified Party,
Contractor, or any employee of Contractor or of any Indemnified Party) arising out of or in any manner
connected with (i) any work performed by Contractor, or (ii) any act or omission of Contractor, its
officers,agents or employees,or(iii)any breach of this agreement by Contractor.
B. The right to indemnity under this Section 8 shall accrue upon occurrence of the event
giving rise to the Loss, and shall apply regardless of any negligence or strict liability of any Indemnified
Party, except where the Loss is caused by the sole active negligence of an Indemnified Party as
established by the final judgment of a court of competent jurisdiction. The sole active negligence of any
Indemnified Party shall not bar the recovery of any other Indemnified Party.
C. Contractor expressly and specifically assumes potential liability under this Section 8 for
claims or actions brought by Contractor's own employees. Contractor waives any immunity it may have
under worker's compensation or industrial insurance acts to indemnify Railroad under this Section 8.
Contractor acknowledges that this waiver was mutually negotiated by the parties hereto.
D. No court or jury findings in any employee's suit pursuant to any worker's compensation
act or the Federal Employers' Liability Act against a party to this Agreement may be relied upon or used
by Contractor in any attempt to assert liability against Railroad.
E. The provisions of this Section 8 shall survive the completion of any work performed by
Contractor or the termination or expiration of this Agreement. In no event shall this Section 8 or any
other provision of this Agreement be deemed to limit any liability Contractor may have to any
Indemnified Party by statute or under common law.
Section 9. RESTORATION OF PROPERTY.
In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner
move or disturb any of the other property of Railroad in connection with the work to be performed by
Contractor,then in that event Contractor shall, as soon as possible and at Contractor's sole expense,
restore such fence and other property to the same condition as the same were in before such fence was
taken down or such other property was moved or disturbed. Contractor shall remove all of Contractor's
tools,equipment,rubbish and other materials from Railroad's property promptly upon completion of the
work,restoring Railroad's property to the same state and condition as when Contractor entered thereon.
Supplemental Agreement-Union Pacifc Railroad Company Page 14 of 18
Resolution No.2020-41
Page 17 of 20
Section 10. WAIVER OF DEFAULT.
Waiver by Railroad of any breach or default of any condition, covenant or agreement herein
contained to be kept, observed and performed by Contractor shall in no way impair the right of Railroad
to avail itself of any remedy for any subsequent breach or default.
Section 11. MODIFICATION-ENTIRE AGREEMENT.
No modification of this Agreement shall be effective unless made in writing and signed by
Contractor and Railroad. This Agreement and the exhibits attached hereto and made a part hereof
constitute the entire understanding between Contractor and Railroad and cancel and supersede any prior
negotiations, understandings or agreements, whether written or oral, with respect to the work to be
performed by Contractor.
Section 12. ASSIGNMENT-SUBCONTRACTING.
Contractor shall not assign or subcontract this Agreement,or any interest therein,without the
written consent of the Railroad. Contractor shall be responsible for the acts and omissions of all
subcontractors,and shall require all subcontractors to maintain the insurance coverage required to be
maintained by Contractor as provided in this Agreement,and to indemnify Contractor and Railroad to the
same extent as Railroad is indemnified by Contractor under this Agreement.
Supplemental Agreement-Union Pacifc Railroad Company Page 15 of 18
Resolution No.2020-41
Page 18 of 20
Form Approved,AVP-Law
09/01/2018
EXHIBIT C
Union Pacific Railroad Company
Insurance Provisions For
Contractor's Right of Entry Agreement
Contractor shall, at its sole cost and expense, procure and maintain during the course of the Project and
until all Project work on Railroad's property has been completed and the Contractor has removed all
equipment and materials from the Railroad's property and has cleaned and restored Railroad's property to
Railroad's satisfaction, the following insurance coverage:
A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of
not less than $2,000,000 each occurrence and an aggregate limit of not less than $4,000,000.
CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form
providing equivalent coverage).
The policy must also contain the following endorsement, which must be stated on the certificate
of insurance:
• Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing
equivalent coverage) showing"Union Pacific Railroad Company Property" as the Designated Job
Site.
B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00
01 (or a substitute form providing equivalent liability coverage) with a combined single limit of
not less$2,000,000 for each accident.
The policy must contain the following endorsements, which must be stated on the certificate of
insurance:
Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or substitute
form providing equivalent coverage) showing"Union Pacific Property" as the Designated Job Site.
Motor Carrier Act Endorsement— Hazardous materials clean up(MCS-90) if required by law.
C. Workers Compensation and Employers Liability insurance. Coverage must include but not be
limited to:
Contractor's statutory liability under the workers' compensation laws of the state(s) affected by this
Agreement.
Employers' Liability(Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit
$500,000 each employee.
Supplemental Agreement-Union Pacifc Railroad Company Page 16 of 18
Resolution No.2020-41
Page 19 of 20
If Contractor is self-insured,evidence of state approval and excel workers compensation coverage
must be provided. Coverage must include liability arising out of the U.S. Longshoremen's and
Harbor Workers' Act,the Jones Act,and the Outer Continental Shelf Land Act,if applicable.
The policy must contain the following endorsement, which must be stated on the certificate of
insurance:
Alternate Employer endorsement ISO form WC 00 03 01 A (or a substitute form providing equivalent
coverage) showing Railroad in the schedule as the alternate employer (or a substitute form providing
equivalent coverage).
D. Railroad Protective Liability insurance. Contractor must maintain Railroad Protective Liability
insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing
equivalent coverage) on behalf of Railroad as named insured, with a limit of not less than
$2,000,000 per occurrence and an aggregate of$6,000,000. A binder stating the policy is in place
must be submitted to Railroad before the work may be commenced and until the original policy is
forwarded to Railroad.
E. Umbrella or Excess insurance. If Contractor utilizes umbrella or excess policies,these policies
must"follow form"and afford no less coverage than the primary policy.
F. Pollution Liability insurance. Pollution Liability coverage must be included when the scope of
the work as defined in the Agreement includes installation, temporary storage, or disposal of any
"hazardous" material that is injurious in or upon land, the atmosphere, or any watercourses; or
may cause bodily injury at any time.
Pollution liability coverage must be written on ISO form Pollution Liability Coverage Form
Designated Sites CG 00 39 12 04 (or a substitute form providing equivalent liability coverage),
with limits of at least$5,000,000 per occurrence and an aggregate limit of$10,000,000.
If the scope of work as defined in this Agreement includes the disposal of any hazardous or non-
hazardous materials from the job site, Contractor must furnish to Railroad evidence of pollution
legal liability insurance maintained by the disposal site operator for losses arising form the
insured facility accepting the materials, with coverage in minimum amounts of$1,000,000 per
loss,and an annual aggregate of$2,000,000.
Other Requirements
G. All policy(ies) required above (except worker's compensation and employers liability) must
include Railroad as "Additional Insured" using ISO Additional Insured Endorsements CG 20 26,
and CA 20 48 (or substitute forms providing equivalent coverage). The coverage provided to
Railroad as additional insured shall, to the extent provided under ISO Additional Insured
Endorsement CG 20 26, and CA 20 48 provide coverage for Railroad's negligence whether sole
or partial, active or passive, and shall not be limited by Contractor's liability under the indemnity
provisions of this Agreement.
H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate
of insurance), unless the law governing this Agreement prohibits all punitive damages that might
arise under this Agreement.
Supplemental Agreement-Union Pacifc Railroad Company Page 17 of 18
Resolution No.2020-41
Page 20 of 20
I. Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of
damages against Railroad and its agents, officers, directors and employees. This waiver must be
stated on the certificate of insurance.
J. Prior to commencing the work, Contractor shall furnish Railroad with a certificate(s) of
insurance, executed by a duly authorized representative of each insurer, showing compliance with
the insurance requirements in this Agreement.
K. All insurance policies must be written by a reputable insurance company acceptable to Railroad
or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to
do business in the state(s)in which the work is to be performed.
L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not
be deemed to release or diminish the liability of Contractor,including,without limitation, liability
under the indemnity provisions of this Agreement. Damages recoverable by Railroad from
Contractor or any third party will not be limited by the amount of the required insurance
coverage.
Supplemental Agreement-Union Pacifc Railroad Company Page 18 of 18
Resolution No.2020-41
Page 20 of 20
I. Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of
damages against Railroad and its agents, officers, directors and employees. This waiver must be
stated on the certificate of insurance.
J. Prior to commencing the work, Contractor shall furnish Railroad with a certificate(s) of
insurance,executed by a duly authorized representative of each insurer. showing compliance with
the insurance requirements in this Agreement.
K. All insurance policies must be written by a reputable insurance company acceptable to Railroad
or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to
do business in the state(s)in which the work is to be performed.
L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not
be deemed to release or diminish the liability of Contractor,including,without limitation,liability
under the indemnity provisions of this Agreement. Damages recoverable by Railroad from
Contractor or any third party will not be limited by the amount of the required insurance
coverage.
Supplemental Agreement-Union Pacifc Railroad Company Page 18 of 18
FULLY EXECUTED
UNION
PACIFIC
111111
January 05,2021
Folder: 00503-36
TIMOTHY BASS
CITY OF VERNON
4305 SANTA FE AVENUE
VERNON CA 90058
Dear Timothy:
Attached is your copy of the fully-executed original of the above-referenced Supplemental Agreement.
The Railroad Company has authorized the installation of fiber optic cable facilities on its property in
certain areas. Prior to digging on the Railroad's property you must contact the Railroad Company
at 1-800-336-9193 to determine if this property contains fiber optic cable. In any event, you should
thoroughly review the terms and conditions of this Lease.
In advance of entering the right of way,you should notify:
Railpros Flagging Jose A.Rubio
up.info@railpros.com SR MGR SIGNAL MNTCE
877-315-0513 x 116 jarubio@up.com
562/318-4153
In compliance with the Internal Revenue Service's policy regarding its Form 1099, this is to advise you
that 94-6001323 is Union Pacific Railroad Company's Federal Taxpayer Identification Number and we
arc doing business as a corporation.
'ncerely,
Ki berly Van
Real Estate Contracts- Real Estate
(402)544-8571
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha,Nebraska 68179-1690 fx.(402)501-0340
Resolution No.2020-41
Page 3 of 20
SUPPAGR.DOC 980220
Form Approved,AVP-Law
Audit: A106726
Folder:00503-36
SUPPLEMENTAL AGREEMENT
THIS SUPPLEMENTAL AGREEMENT is entered into on the 3rd day of
November , 20 20, between UNION PACIFIC RAILROAD COMPANY ("Licensor") and
CITY OF VERNON,a Municipal Corporation in the State of California,whose address is 4305 Santa Fe
Avenue, Vernon, California 90058 ("Licensee").
RECITALS:
By instrument dated 4/18/1986, between the City of Vernon and Los Angeles & Salt
Lake Railroad Company which was acquired by Licensor on 1/1/1988,entered into an agreement
("Basic Agreement"), with certain supplements thereto identified as Audit No. A106726, at
FRUITLAND,CALIFORNIA.
AGREEMENT: •
NOW,THEREFORE,IT IS AGREED by and between the parties hereto as follows:
Article 1. SUBSTITUTION OF PRINT.
The print dated July 09,2020, attached hereto as Exhibit'A',shall be and hereby is substituted for
the print dated May 12, 1988, attached to the Supplemental Agreement dated 5/12/1988, and from and
after the effective date herein whenever the term Wireline is used in the Basic Agreement, or any
amendment or supplement thereto (if any), such reference shall be deemed to refer to the Wireline as
shown on Exhibit'A',hereto attached.
Article 2. CONSENT TO WORK.
This Supplemental Agreement will serve as notification that the Railroad Company approves of
your intentions to rebuild the existing overhead wireline crossing to consist of three (3) 16.340kV
wirelines in accordance with Exhibit A.
Article 3. CONTRACTOR RIGHT OF ENTRY.
If a contractor is to do any of the work performed on or about the Railroad Company's property,
then Utility shall require its contractor to execute the Railroad Company's form Contractor's Right of
Entry Agreement, EXHIBIT B. Utility acknowledges receipt of a copy of Contractor's Right of Entry
Agreement and understanding its term, provisions and requirements, and will inform its contractor of the
need to execute the Agreement. Under no circumstances will Utility's contractor be allowed on or about
the Railroad Company's property without first executing the Contractor's Right of Entry Agreement.
Supplemental Agreement-Union Pacifc Railroad Company Page 1 of 18
Resolution No.2020-41
Page 4 of 20
Article 4. NOTICE OF COMMENCEMENT OF WORK/RAILROAD REPRESENTATIVE
/SUPERVISION/FLAGGING/SAFETY.
If an emergency should arise requiring immediate attention, the Licensee shall provide as much
notice as practicable to Railroad, by calling the Response Management Communication Center at (888)
877-7267 before commencing any work. In all other situations, the Licensee shall notify the Railroad at
least ten (10) days (or such other time as the Railroad may allow) in advance of the commencement of
any work upon property of the Railroad in connection with the construction,maintenance,repair,renewal,
modification, reconstruction, relocation or removal of the Wireline. All such work shall be prosecuted
diligently to completion. The Licensee will coordinate its initial and any subsequent work with the
following employee of Railroad or his or her duly authorized representative (hereinafter "Railroad
Representative"or"Railroad Representative"):
Railpros Flagging
up.info@railpros.com
877-315-0513 x 116
Jose A. Rubio
Work Phone: (626)935-7681
Cell Phone: (562)318-4153
Email address: Liinubio(a;up.com
Article 5. EFFECTIVE DATE.
This Supplemental Agreement shall be effective as of November 3,2020.
Article 6. AGREEMENT SUPPLEMENT.
Nothing in this Supplemental Agreement shall be construed as amending or modifying the Basic
Agreement unless specifically provided herein.
Article 7. ADMINISTRATIVE HANDLING CHARGE.
Upon execution and delivery of this Supplemental Agreement, the Licensee shall pay to the
Licensor an administrative handling charge of One Thousand DOLLARS($1,000.00).
Supplemental Agreement-Union Pacifc Railroad Company Page 2 of 18
Resolution No.2020-41
Page 5 of 20
IN WITNESS WI IEREOF,the parties have executed this Supplemental Agreement as of the day
and year first written.
UNION PACIFIC RAILROAD COMPANY VERNON,CI F
By: ' f— By:
1 04 4 1 V/IM Name Printed: Carlos Fandi
/I' `""w `�
Y ' (. " '`f Iy aar
Title: City Administrator
ATTEST:
P61 .Lisa PoPe,City Cle
APPROVED AS TO FORM:
Arnold M. Alvarez-Glasman,
Interim City Attorney
Supplemental Agreement-Union Pacifc Railroad Company Page 3 of 18
Resolution No.2020-41
rages I2 of 20
PLACE ARROW INDICATING NORTHOVERHEAD WIRELINE CROSSING
DIRECTION RELATIVE TO CROSSING
OVER 750 VOLTS FORM DR-0404-H
REV 10-28-2007
NOTE: ALL AVAILABLE DIMENSIONS MUST BE W.Uprr.com
FILLED IN TO EXPEDITE THIS APPLICATION. NO SCALE
IOR LEGAL SURVEY LINE, !HERE APPL.ICAO:FI
vm
_LINE SECTION_,TOWNSHIP—_,RANGE-, YERIOIAN
Q 11) RR'S R/W
:/. "
520 FT.934,1 FT. . . 4780 FT. - nI
. - • 428.17 FT, 1.
'.7 0 FT.
:
Q a y- g0 • 11 • 49
�-10 (Oa(OF CROSSING) to Huntington Perk—r
'NEAREST R.R. lOwN1 -. / i VA:N MCA u/ { v (NEAREST R.R. moo
1 1 1 1 1 1 1 1 ' I ! 1 1 I 1 1 tJ 1 IF I I 1 I 1 M iZ 1 rI I I I I I
Dist icl Ave.CA. . Frullland Ave.CA.
10ESCRIBE FIXEO OBJECT (CCSCRINE FIXED OBJECT)
(ES:219+92) I
0 FT.
1_. -- FT. 1 -- �_
INSTANCE ALONG TRACK PROM SECTION LINE CROSSING) La1:33.997863
(NOTE: TN15 DIMENSION 1N'OUIREO IN ALL CASES.
AT LOCATIONS NOT USING SECTIONS, DISTANCE Long:.118.204517
TO A LEGAL SURVEY LINE IS REWIRED)
• FT.—►( SNOR PLACEMENT OF OUT Y/CIIO(1S
47 FT. _
•
f 38 FT. f 4!N.4'> 49_5 FT. •
I .
51.5FT. '�
• GROUND
41)
Im 1...-,TOP-OF-RAIL SURFACE I¢
s
• �,RR SIGNAL•
ECAu. LILAC �SU9CRAOE •rl
I
•
® I• 0 FT. -•'•---31.5 F T.--4.4--..------ u FT.- -=i
------- — ?AFT. I MIN.50')--------+4 �•------------- 25.8 FT. (MIN.5O')-----�
CIRCUITS TO BE CARRIED ON PROPOSED WIRELINE
NO. OF VOLTAGE TO VOLTAGE TO NO. OF SOL10 OR
CIRCUITS GROUNOIKVI VOLTAGE(KVI PHASES WIRES GAUGE MATERIAL STRANDED HEIGHT NOTES
1 9 434 16 340 3 3 336 ACSR STRANDED 49 5
•
Al OISTR[BUT ION LINE DISTRIHUTION LINE EXHIBIT "A"
B) IS THERE A SIGNAL OR COMMUNICATION POLELINE NEAR THE TRACKS? YES
I(COL 0A1101040 me•ti,-00 001!11'E IN INIS Doll
C) MAXIMUM GROUND CURRENT AT FEED:3&LAMPS. AT LOAD:3r4._AMPS.
D) WHAT TYPE OF FACILITY WILL LINE BE SERVING? INDUSTRIAL UNION PACIFIC RAILROAD CO.
E) IF A NEW POWER SUBSTATION IS TO RE. BUILT WITHIN 1/2 MILE OF RR, WHAT IS MAX:
OPERATING CURRENT TO GRO NCR AMPS: RESISTANCE TO GROUND? OHMS; San Pedro Sub.
FAULT CURRENT TO GROUND? AIRS. IM41DIr1ANMI
F) GROUND WIRE: SIZE �._;MATERIAL N/A ;SOLID OR STRANDED SOLID .
0) CROSSING SPAN: LENGTH..1.17—FT.; NORMAL CONDUCTOR SAG 24 IN. AT 70 •F. NI. P.4.10 E. S. 215483.83 1.
HI ADJOINING SPANS: LENGTH FT.I NORMAL CONDUCTOR SAG IN. AT •F.
LENGTH FI.; NODUL CONDUCTOR SAG IN. AT •F. OVERHEAD WIRELINE CROSSING
II POLE I: TIMBER L£NGTHEL_FT. DEPTH OF SETT Inc I3—FT. VERNON LOS ANGELES _ CA
HEIGHT ABOVE GROUND S._FT. uwrcsr RR OTAnwl <caa:n �suro •
CLASS OR BUTT AND TOP DIMENSIONS 1
POLE2: TIMBER L ENGTH Jig_FT. DEPTH OF SETTINGS—FT. FOR vE NPUBLICUTLITIES
HEIGHT ABOVE GROUNO.SZ_FT. (NIRIU.TI •
CLASS OR BUTT AND TOP DIMENSIONS 22
(IF STEEL TOWERS ARE EMPLOYED, FURNISH DETAIL DRAWINGS) RR FILE NO.0503-36 DATF 7/9/2020
J) HEAD GUYS: NU.6ER ON EACH POLE.T—; SIZE OR STRENGTH 15400; LEAO2a—.
CI SIDE GUYS: NU163ER EACH WAY I ; SIZE OR STRENGTH 1sRI; LEAD 5D .. WARNING
L) CROSSAIBAS: SINGLE OR DOUBLE DOUBIF;MATER I AL DOLJGL.AS FIR ISIZEIL BY ���111{{,,,,AALL OCCASIONS, U. P. COIMINICAT IONS DEPARTMENT WST BC
M) INSULATORS:PIN OR SUSPENSION PIN - - :MANUFACTURER'S AND CATALOGUE NO.(IerMrix lop•34`L'bT}/IICTCo IN ADVANCE OF ANY WORK TO DETERMINE EXISTENCE AND -
NI CONDUCTOR ATTACHMENT) TIES OR CLAMPS CLAMPS LOCATION Or FIBER OPTIC CABLE. PIIO/WE I I- 400-336-fif7
0) APPLICANT HAS CONTACTED 1-800-336-9193, U.P. COLtAJNI CAT ION OEPARTMENI,
ANO HAS DETERMINED FIBER OPTIC CABLE EXIST IN VICINITY OF WORE TO BE PERFORMED. ii
TICKET NO. 1.-
PI IF POWER LINE PARALLELS TRACK WITHIN I/2 MILE, INCLUDE DIAGRAM SHOWING SPACING AND CONFIGURATION OF WIRES INCLUDING SHIELD WIRES.
Supplemental Agreement•Union Pacifc Railroad Company Page 10 of 18
Resolution No.2020-41
Page 7 of 20
Folder: 00503-36
To the Contractor:
Before Union Pacific Railroad Company can permit you to perform work on its right of way, it will be
necessary to complete two originals of the enclosed Right of Entry Agreement as follows:
I. Fill in the complete legal name of the contractor in the space provided on Page 1 of the
Contractor's Right of Entry Agreement.
2. 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.
3. Please print two copies, execute on your behalf and return ALL DOCUMENTS with a check for
any payments required, as shown below to 1400 Douglas Street, Omaha, NE 68137-1690 Attn:
Valerie I iarrill.
4. Check, with Folder No. 00503-36 written on the front, made payable to the Union Pacific
Railroad Company in the amount of ONE THOUSAND DOLLARS ($1,000.00). If you require
formal billing, you may consider this letter as a formal bill. In compliance with the Internal
Revenue Service's new policy regarding their Form 1099, I certify that 94-6001323 is the
Railroad Company's correct Federal Taxpayer Identification Number and that UNION PACIFIC
RAILROAD COMPANY is doing business as a corporation.
5. Railroad Protective Liability Insurance (RPLI) certificate listing folder number 00503-36. Only
one RPI certificate is required and must be on a separate certificate from your general liability
insurance.
After approval of the Right of Entry Agreement and insurance certificate,one fully-executed counterpart
of the Agreement will be returned to you. In no event should you begin work until you have received
your counterpart of the fully-executed Agreement.
Si cerely,
1,611039W-AA.( VUAI
Supplemental Agreement-Union Pacifc Railroad Company Page 5 of 18
EXHIBIT B
TO
SUPPLEMENTAL AGREEMENT
Folder No.00503-36
Form Approved,AVP-Law
09/OI/2018
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
1.01-0
THIS AGREEMENT is made and entered into as of the 15" 4:96 4 t'ecend between
UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, ("Railroad") and
QGfiVAW t1 e(Avi L TLC.. ,("Contractor"),
to be addressed at IA At,Qo$lt- `t'I rM G Suv.Whop Svt%oc( j Sc rv'. •
I/2b1 Fnnet a
RECITALS: /�vHC dleJll� S1ve� d� tii 1'la `� tP
The Contractor has been hired by City of Vernon to rebuild existing overhead 16.340kV wireline
crossing(the"work"),with all or a portion of such work to be performed on property of Railroad at Mile
Post 4.1, on the San Pedro Subdivision at or near FRUITLAND, Los Angeles County, California
pursuant to a Supplemental Agreement between Railroad and Vemon,City Of with an effective date of
7/13/2020 at such location as shown on the print marked Exhibit A attached hereto and hereby made a
part hereof.
Railroad is willing to permit Contractor to perform the work described above at the location
described above subject to the terms and conditions contained in this Agreement. 1
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
Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its or
their authority.
Article II. RIGHT GRANTED:PURPOSE.
Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and
subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have
ingress to and egress from the property described in the Recitals for the purpose of performing 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 IV, and is strictly limited to the scope of work identified to the Railroad,as determined by the
Railroad in its sole discretion,and for no other purpose.
ff
Article III. TERMS ANI) CONDITIONS CONTAINED IN EXHIBITS I3 AND C.
The terms and conditions contained in Exhibit 13 and C. attached hereto are hereby made a part
of this Agreement.
Article IV. ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD
REPRESENTATIVE.
A. Contractor shall bear any and all costs and expenses associated with any work performed
by Contractor,or any costs or expenses incurred by Railroad relating to this Agreement.
R. Contractor shall coordinate all of its work with the following Railroad representative or
his or her duly authorized representative(the"Railroad Representative"):
UP.inti>tlrailpros.com Jose A. Rubio
(877)-315-0513 x. 116 Work Phone: (626)935-7681
Cell Phone: (562)3 18-4153
Email address: jarubioclup.com
C. Contractor, at its own expense. shall adequately police and supervise all work to he
performed by Contractor and shall ensure that such work is performed in a safe manner as set forth in
Section 7 of Exhibit B. The responsibility of Contractor for sale conduct and adequate policing and
supervision of Contractor's work shall not be lessened or otherwise ali eted by Railroad's approval of
plans and specifications involving the work.or by Railroad's collaboration in performance of any wane.or
by the presence at the work site of a Railroad Representative, or by compliance by Contractor with any
requests or recommendations made by Railroad Representative.
Article V. TERM;TERMINATION.
A. The grant of right herein made to Contractor shall commence on the date of this
Agreement.and continue for one(I)year from 7/13/2020. unless sooner terminated as herein provided.or
at such time as Contractor has completed its work on Railroad's property, whichever is earlier. Contractor
agrees to notify the Railroad Representative in writing when it has completed its work on Railroad's
property.
13. This Agreement may he terminated by either party on ten (ID)days written notice to the
other putt.
Article VI. CERTIFICATE OF INSURANCE.
A. Only upon request.Contractor will provide Railroad with the insurance hinders,policies.
certificates and/or endorsements set forth in Exhibit C of this Agreement.
•
B. All insurance correspondence,binders, policies,certificates and/or endorsements shall be
sent to:
Folder No:00503-36
Union Pacific Railroad Company
1400 Douglas Street STOP 1690
Omaha,Nebraska 68179-1690
Article VII. CHOICE OF FORUM.
Litigation arising out of or connected with this Agreement may be instituted and maintained in
the courts of the State of 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.
Article VIII. DISMISSAL OF CONTRACTOR's EMPLOYEE.
At the request of Railroad, Contractor shall remove from Railroad's property any employee of
Contractor who fails to conform to the instructions of the Railroad Representative in connection with the
work on Railroad's property, and any right of Contractor shall be suspended until such removal has
occurred. Contractor shall indemnify Railroad against any claims arising from the removal of any such
employee from Railroad's property.
Article IX. ADMINISTRATIVE FEE.
Upon the execution and delivery of this Agreement, Contractor shall pay to Railroad One
Thousand Dollars (SI,000.00) as reimbursement for clerical, administrative and handling expenses in
connection with the processing of this Agreement.
Article X. CROSSINGS.
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. •
Article XI. EXPLOSIVES.
Explosives or other highly flammable substance. shall not he stored on Railroad's property
without the prior written approval of Railroad.
IN WITNESS WI II:RI:OF.the parties have caused this Agreement to he executed in duplicate as
of the date first herein written.
UNION PACIFIC RAILROAD COMPANY
By: - 1'Gkv i TIA c•
l /� Contractor Name)
VIA 1144 V('• Aillakr1 Vktifra- Ity_ 13'1 -Qv0
0, to,
3ry ,
-_
Telephone:_
Email: 1 / ••
1
1
I
PLACE NORTH 1
DIRECTIONROW RELATIVEAG TONCROSSINO OVERHEAD WIRELINE CROSSING
OVER 750 VOLTS FORRMM DR-- -H
O / Ll
NOTE: ALL AVAILABLE DIMENSIONS MUST BE
•�N•
FILLED IN TO EXPEDITE THIS APPLICATION. NO SCALE
i
IOR LEGAL SURVEY LINE, ta(ERE APPLICABLEI
SECTION_,TOWNSHIP�.RANOE_. MERIDIAN
p RA'S an
• A ..
• 520 iT. .-• 4780 FT.—s• nI
93!.t FT. 428.1?FT.—�
• v� � . OFT.
g`
b" 5 4z 90 • 11 • 49 - >S�� Hoa .�y-w--n•_
I OAST ILA. 10100 �i WIN TWA
ITITIl1tfAC Oi CAOl11NG) �g t�NWE11M 4a. IOW
1 1 1 1 1 1 1 1 ' 1 \1 1 1 1 1 1 tl 1 I 1 I ► I 1 1{ r 1 I I I ) 1 s
Dined Ave.cal 2 FAMona Avo.CA. J I
I OES071IDE FIXED Mall s IOEICDIDE FATED OBJECTI Z
• (FS'219.92) ;
i _FT. ► 0 FT' I
I DISTANCE KONO MCA INOY ILC1I0N LINE Ca031IN01 Lel:3.3.497663
I IIOTCs ATI L CATIONS N REWIND)IN ALL CAMS. __ _ 3
TO LOCATIONS N01 ALINE IS REON1f�� OIMIANCE LOnp:-118201517
TO A LCOAL SURVEY LINE IS REOUIREOI e
FOPS Rio ®O !
PLACEMENT_FT. •--1 SHOD PLACEMENT OF OEN Lomas i
•
•
ILFi.
•
LIFT.
IT. I Y I N.4') a Fi.
AFT. '5 �q�,p
'.. -10POhMIL
TJA/I
•& ,�,PA SIWUL 0
•
C01•.L LING ,/'wE .n
•
/ I RwwED I Ilk t
(A) I, o FT. I 41.6 /T. -`- 0 FT. I
t' 3LFT. I MIN.50'1—I IQk FT. (YIN.SO') I
CIRCUITS TO 8E CARRIED ON PROPOSED WIRELIKE
NO. OF VOLTAGE TO VOLTAGE TO NO. OF SOLID OR j
CIRCUITS OROUND(KV) VOLTAOE(KV) PHASES WIRES GAUGE MATERIAL STRANOEO WEIGHT NOTES I 1.
I 9.434 19.340 3 3 333 ACSR STRANDED 49.5 !
1
I
A) DISTRIBUTION LINE DISTRIBUTION LINE EXHIBIT »AN ;£;
8) IS THERE A SIGNAL OR COWIMICATION POLELINE NEAR THE TRACKS? WA ,ra u1Lmu let A.L.•mmI•n m
alit
IN n s
CI MAXIMUM GROUND CURRENT AT FEED:XL—.AMPS. AT LOAM S4.L—.AMPS. I
CO WHAT TYPE OF FACILITY WILL LINE BE SERVING? INDUSTRIAL UNION PACIFIC RAILROAD CO.
El IF A NEW POWER SUBSTATION IS TO BE BUILT WITHIN 1/2 MILE OF RR, WHAT IS MAX:
OPERATING CURRENT TO GROUND? MPS: RESISTANCE TO GROLTCT ON>ISN San pikt7DSob
FAULT CURRENT TO GIOUWD? RAPS. t•Nolot.o.1
F> GROUND WIRES SIZE ➢_;MATERIAL WA 1SOLID OR STRANDED 60tIO
0> CROSSING SPAN: LEHGTHA._FT.T NORMAL CONDUCTOR SAOHLIN. AT.29—_•F. M. P.4.10 E. S. 216.63.83
H> AOJOINING SPANS) LENGTH FT.j NORMAL CONDUCTOR SAO !(4. AT •F.
LENOTN FT.I NORMAL CONDUCTOR SAO AIL AT •F. OVERHEAD WIRELINE CROSSING ..
1) POLE U TIMBER LENOTHDQ__FT. DEPTH OF SETTING$_FT. VERNON LQSAN(jEIE$ CA
HEIGHT ABOVE GR0110.Z—FT. u/Aw1 VA.181100 ICAm1 ISUM
CLASS OR BUTT AND TOP DIMENSIONS 1
POLE 21 TIMBER LENOTHAD_FT. DEPTH OF SETT NNO5_FT. FOR yERNQj4PUBLtCUTILRIES
•
HEIGHT ABOVE GROIIASE FT. .w0.1CWO
CLASS OR BUTT AND TOP DIMENSIONS 2
(IF STEEL TOWERS ARC poLoYEO. FURNISH DETAIL DRAWINGS) RR FILE NO.osce-38 DATF 7N12020
J) HEAD GUYS) RIMER ON EACH POLE.L_I SIZE OR STRENOTH.AIQQ.I LEA023_.
X> SIDE GUYS: NAA9ER EACH WAY..-1--I SIZE OR STRENGTH.I64Q2j LEADBQy._. WARNING
LI CROSSARYSI SINGLE OR OOLBLE.Q0ll81E-IYATERIALI>ARIA%FIR ISIZEi0._BY
M) INSULATORS:PIN OR SUSPENSION PIN IMAKUFACTIRIER'S AND CATALow(NM:WAIIP�_{LI ALL OCCASIONS, U. P. COI KM TOIOND NFPLNTICIT MAT BE
�91T1OC TI IN ADVANCE OF AM ABLE StT INS IXIDT1710E NO
NI CONDUCTOR ATTACIOIEIITI TIES OR CLAMPS CLAMPS LOCATION OF FIBOI OPTIC CABLE. FI10101 I I-6OO•33►9193
01 APPLICANT HAS CONTACTED 1-800-33-9193. U.P. COMMUNICATION DEPARTMENT
AND HAS DETERMINED FIBER OPTIC CABLE EXIST IN VICINITY OF WORK TO BE PERFORMED.
TICKET NO.
P1 IF POWER LINE PARALLELS TRACK WITHIN lit MILE. INCLUDE DIAGRAM SHOWING SPACING AND CONFIGURATION OF WIRES INCLUDING SHIELD WIRES.
F
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Resolution No.2020-41
Page 13 of 20
Form Approved,AVP-Law
0 9/0 1/201 8
EXHIBIT B
To
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
Section 1. NOTICE OF COMMENCEMENT OF WORK-FLAGGING.
A. Contractor agrees to notify the Railroad Representative at least ten (10) working days in
advance of Contractor commencing its work and at least ten (10) working days in advance of proposed
performance of any work by Contractor in which any person or equipment will be within twenty-five(25)
feet of any track, or will be near enough to any track that any equipment extension (such as, but not
limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind
shall be performed,and no person,equipment,machinery,tool(s),material(s),vehicle(s),or thing(s) shall
be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any
time, for any reason,unless and until a Railroad flagman is provided to watch for trains. Upon receipt of
such ten (10)-day notice, the Railroad Representative will determine and inform Contractor whether a
flagman need be present and whether Contractor needs to implement any special protective or safety
measures. If flagging or other special protective or safety measures are performed by Railroad, Railroad
will bill Contractor for such expenses incurred by Railroad, unless Railroad and a federal, state or local
governmental entity have agreed that Railroad is to bill such expenses to the federal, state or local
governmental entity. If Railroad will be sending the bills to Contractor, Contractor shall pay such bills
within thirty (30) days of Contractor's receipt of billing. If Railroad performs any flagging, or other
special protective or safety measures are performed by Railroad, Contractor agrees that Contractor is not
relieved of any of its responsibilities or liabilities set forth in this Agreement.
B. The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for
an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in
accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition
to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental
sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees
Liability and Property Damage and Administration will be included, computed on actual payroll. The
composite charge will be the prevailing composite charge in effect at the time the work is performed.
One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and
one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or
by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a
ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If
the wage rate or additional charges are changed, Contractor (or the governmental entity, as applicable)
shall pay on the basis of the new rates and charges.
C. Reimbursement to Railroad will be required covering the full eight-hour day during
which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a
portion of such day, in which event reimbursement will not be required for the portion of the day during
which the flagman is engaged in other Railroad work. Reimbursement will also he required for any day
not actually worked by the flagman following the flagman's assignment to work on the project for which
Supplemental Agreement-Union Pacifc Railroad Company Page 11 of 18
Resolution No.2020-41
Page 14 of 20
Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by
assignment of such flagman to other work,even though Contractor may not be working during such time.
When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in
compliance with union collective bargaining agreements,Contractor must provide Railroad a minimum of
five (5)days notice prior to the cessation of the need for a flagman. If five(5)days notice of cessation is
•
not given, Contractor will still be required to pay flagging charges for the five (5) day notice period
required by union agreement to be given to the employee, even though flagging is not required for that
period. An additional ten (10)days notice must then be given to Railroad if flagging services are needed
again after such five day cessation notice has been given to Railroad.
Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED
A. The foregoing grant of right is subject and subordinate to the prior and continuing right
and obligation of the Railroad to use and maintain its entire property including the right and power of
Railroad to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks,
roadways, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon,
along or across any or all parts of its property,all or any of which may be freely done at any time or times
by Railroad without liability to Contractor or to any other party for compensation or damages.
B. The foregoing grant is also subject to all outstanding superior rights (including those in
favor of licensees and lessees of Railroad's property, and others) and the right of Railroad to renew and •
extend the same,and is made without covenant of title or for quiet enjoyment.
Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS
TENANTS.
A. Contractor shall conduct its operations so as not to interfere with the continuous and
uninterrupted use and operation of the railroad tracks and property of Railroad, including without
limitation, the operations of Railroad's lessees, licensees or others, unless specifically authorized in
advance by the Railroad Representative. Nothing shall be done or permitted to be done by Contractor at
any time that would in any manner impair the safety of such operations. When not in use, Contractor's
machinery and materials shall be kept at least fifty (50) feet from the centerline of Railroad's nearest
track, and there shall be no vehicular crossings of Railroads tracks except at existing open public •
•
crossings.
B. Operations of Railroad and work performed by Railroad personnel and delays in the work
to be performed by Contractor caused by such railroad operations and work are expected by Contractor,
and Contractor agrees that Railroad shall have no liability to Contractor, or any other person or entity for
any such delays. The Contractor shall coordinate its activities with those of Railroad and third parties so
as to avoid interference with railroad operations. The safe operation of Railroad train movements and
other activities by Railroad takes precedence over any work to be performed by Contractor.
•
Section 4. LIENS.
Contractor shall pay in full all persons who perform labor or provide materials for the work to be
performed by Contractor. Contractor shall not create, permit or suffer any mechanic's or materialmen's
liens of any kind or nature to he created or enforced against any property of Railroad for any such work
performed. Contractor shall indemnify and hold harmless Railroad from and against any and all liens,
claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of
such work done,labor performed,or materials furnished. If Contractor fails to promptly cause any lien to
•
Supplemental Agreement-Union Paclfc Railroad Company Page 12 of 18 •
Resolution No.2020-41
Page 15 of 20
be released of record, Railroad may, at its election, discharge the lien or claim of lien at Contractor's
expense.
Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
A. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber
optic cable systems is of extreme importance since any break could disrupt service to users resulting in
business interruption and loss of revenue and profits. Contractor shall telephone Railroad during normal
business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except holidays) at
1-800-336-9193 (also a 24-hour, 7-day number for emergency calls) to determine if fiber optic cable is
buried anywhere on Railroad's property to be used by Contractor. If it is, Contractor will telephone the
telecommunications company(ies) involved, make arrangements for a cable locator and,if applicable, for
relocation or other protection of the fiber optic cable. Contractor shall not commence any work until all
such protection or relocation(if applicable)has been accomplished.
B. In addition to other indemnity provisions in this Agreement, Contractor shall indemnify,
defend and hold Railroad harmless from and against all costs, liability and expense whatsoever
(including,without limitation,attorneys'fees,court costs and expenses)arising out of any act or omission
of Contractor, its agents and/or employees, that causes or contributes to(1) any damage to or destruction
of any telecommunications system on Railroad's property, and/or(2) any injury to or death of any person
employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or
employees, on Railroad's property. Contractor shall not have or seek recourse against Railroad for any
claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential
damage to a telecommunication company using Railroad's property or a customer or user of services of
the fiber optic cable on Railroad's property.
Section 6. PERMITS-COMPLIANCE WITH LAWS.
In the prosecution of the work covered by this Agreement, Contractor shall secure any and all
necessary permits and shall comply with all applicable federal, state and local laws, regulations and
enactments affecting the work including, without limitation, all applicable Federal Railroad •
Administration regulations.
Section 7. SAFETY.
A. A. Safety of personnel,property,rail operations and the public is of paramount importance
in the prosecution of the work performed by Licensee or its contractor. Licensee shall be responsible for initiating,
maintaining and supervising all safety, operations and programs in connection with the work. Licensee and its
contractor shall at a minimum comply with Licensor's then current safety standards located at
www.up.com/cs/groups/public!@uprr/@suppliers/documents/up_pdf nativedocs/pdf up_supplier_safety_req.pdf
B. to ensure uniformity with the safety standards followed by Licensor's own forces. As a part of
Licensee's safety responsibilities, Licensee shall notify Licensor if it determines that any of Licensor's safety
standards are contrary to good safety practices. Licensee and its contractor shall furnish copies of each of its
employees before they enter the job site.
B. Without limitation of the provisions of paragraph A above, Contractor shall keep the job •
site free from safety and health hazards and ensure that its employees are competent and adequately
trained in all safety and health aspects of the job. •
C. Contractor shall have proper first aid supplies available on the job site so that prompt first
aid services may be provided to any person injured on the job site. Contractor shall promptly notify
Supplemental Agreement-Union Pacifc Railroad Company Page 13 of 18
Resolution No.202041
Page 16 of 20
Railroad of any U.S. Occupational Safety and Health Administration reportable injuries. Contractor shall
have a nondelegable duty to control its employees while they arc on the job site or any other property of
Railroad, and to be certain they do not use, be under the influence of, or have in their possession any
alcoholic beverage,drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of
Contractor's safety plan for conducting the work(the"Safety Plan"). Railroad shall have the right,but not
the obligation, to require Contractor to correct any deficiencies in the Safety Plan. The terms of this
Agreement shall control if there are any inconsistencies between this Agreement and the Safety Plan.
Section 8. INDEMNITY.
A. To the extent not prohibited by applicable statute, Contractor shall indemnify,defend and
hold harmless Railroad, its affiliates, and its and their officers, agents and employees ("Indemnified
Parties") from and against any and all loss, damage, injury, liability, claim, demand, cost or expense
(including, without limitation, attorney's, consultant's and expert's fees, and court costs), fine or penalty
(collectively, "Loss") incurred by any person (including, without limitation, any Indemnified Party,
Contractor, or any employee of Contractor or of any Indemnified Party) arising out of or in any manner
connected with (i) any work performed by Contractor, or (ii) any act or omission of Contractor, its
officers, agents or employees,or(iii)any breach of this agreement by Contractor.
B. The right to indemnity under this Section 8 shall accrue upon occurrence of the event
giving rise to the Loss,and shall apply regardless of any negligence or strict liability of any Indemnified
Party, except where the Loss is caused by the sole active negligence of an Indemnified Party as
established by the final judgment of a court of competent jurisdiction. The sole active negligence of any
Indemnified Party shall not bar the recovery of any other Indemnified Party.
C. Contractor expressly and specifically assumes potential liability under this Section 8 for
claims or actions brought by Contractor's own employees. Contractor waives any immunity it may have
under worker's compensation or industrial insurance acts to indemnify Railroad under this Section 8.
Contractor acknowledges that this waiver was mutually negotiated by the parties hereto. •
D. No court or jury findings in any employee's suit pursuant to any worker's compensation
act or the Federal Employers' Liability Act against a party to this Agreement may be relied upon or used
by Contractor in any attempt to assert liability against Railroad.
E. The provisions of this Section 8 shall survive the completion of any work performed by
Contractor or the termination or expiration of this Agreement. In no event shall this Section 8 or any
other provision of this Agreement be deemed to limit any liability Contractor may have to any
Indemnified Party by statute or under common law.
Section 9. RESTORATION OF PROPERTY.
In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner
move or disturb any of the other property of Railroad in connection with the work to be performed by
Contractor,then in that event Contractor shall,as soon as possible and at Contractor's sole expense,
restore such fence and other property to the same condition as the same were in before such fence was
taken down or such other property was moved or disturbed. Contractor shall remove all of Contractor's
tools,equipment,rubbish and other materials from Railroad's property promptly upon completion of the
work,restoring Railroad's property to the same state and condition as when Contractor entered thereon.
Supplemental Agreement-Union Pacifc Railroad Company Page 14 of 18
Resolution No.2020-41
Page 17 of 20 •
•
•
Section 10. WAIVER OF DEFAULT.
Waiver by Railroad of any breach or default of any condition, covenant or agreement herein
contained to be kept, observed and performed by Contractor shall in no way impair the right of Railroad
to avail itself of any remedy for any subsequent breach or default.
Section 11. MODIFICATION-ENTIRE AGREEMENT.
No modification of this Agreement shall be effective unless made in writing and signed by
Contractor and Railroad. This Agreement and the exhibits attached hereto and made a part hereof
constitute the entire understanding between Contractor and Railroad and cancel and supersede any prior
negotiations, understandings or agreements, whether written or oral, with respect to the work to be
performed by Contractor.
Section 12. ASSIGNMENT-SUBCONTRACTING.
Contractor shall not assign or subcontract this Agreement,or any interest therein,without the
written consent of the Railroad. Contractor shall be responsible for the acts and omissions of all
subcontractors,and shall require all subcontractors to maintain the insurance coverage required to be
maintained by Contractor as provided in this Agreement,and to indemnify Contractor and Railroad to the
same extent as Railroad is indemnified by Contractor under this Agreement.
Supplemental Agreement-Union Pacifc Railroad Company Page 15 of 18
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Resolution No.2020-41
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1
's
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i
Form Approved,AVP-Law
09/01/2018 i
EXHIBIT C i
1
1
i
Union Pacific Railroad Company 3
Insurance Provisions For 1
Contractor's Right of Entry Agreement
1
5
Contractor shall, at its sole cost and expense, procure and maintain during the course of the Project and
until all Project work on Railroad's property has been completed and the Contractor has removed all
equipment and materials from the Railroad's property and has cleaned and restored Railroad's property to 1
Railroad's satisfaction,the following insurance coverage:
A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of
i
not less than $2,000,000 each occurrence and an aggregate limit of not less than $4,000,000. i
CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form
providing equivalent coverage).
The policy must also contain the following endorsement, which must be stated on the certificate
of insurance:
• Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing
equivalent coverage)showing"Union Pacific Railroad Company Property"as the Designated Job
Site. i
i
B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00
01 (or a substitute form providing equivalent liability coverage) with a combined single limit of I
not less$2,000,000 for each accident. i
The policy must contain the following endorsements,which must be stated on the certificate of 1
insurance: $
Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or substitute
form providing equivalent coverage)showing"Union Pacific Property"as the Designated Job Site. 1
Motor Carrier Act Endorsement—Hazardous materials clean up(MCS-90) if required by law.
t
C. Workers Compensation and Employers Liability insurance. Coverage must include but not be I
limited to:
Contractor's statutory liability under the workers' compensation laws of the state(s) affected by this I
Agreement. 1
Employers' Liability(Part B)with limits of at least$500,000 each accident,$500,000 disease policy limit
$500,000 each employee.
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3
1
Supplemental Agreement-Union Pacifc Railroad Company Page 16 of 18
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Resolution No.2020.41
Page 19 of 20
If Contractor is self-insured,evidence of state approval and excel workers compensation coverage
must be provided. Coverage must include liability arising out of the U.S. Longshoremen's and
Harbor Workers' Act,the Jones Act, and the Outer Continental Shelf Land Act,if applicable.
The policy must contain the following endorsement, which must be stated on the certificate of
insurance:
Alternate Employer endorsement ISO form WC 00 03 01 A (or a substitute form providing equivalent
coverage) showing Railroad in the schedule as the alternate employer (or a substitute form providing
equivalent coverage).
D. Railroad Protective Liability insurance. Contractor must maintain Railroad Protective Liability
insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing
equivalent coverage) on behalf of Railroad as named insured, with a limit of not less than
$2,000,000 per occurrence and an aggregate of$6,000,000. A binder stating the policy is in place
must be submitted to Railroad before the work may be commenced and until the original policy is
forwarded to Railroad.
E. Umbrella or Excess insurance. If Contractor utilizes umbrella or excess policies, these policies
must"follow form"and afford no less coverage than the primary policy.
F. Pollution Liability insurance. Pollution Liability coverage must be included when the scope of
the work as defined in the Agreement includes installation,temporary storage, or disposal of any
"hazardous" material that is injurious in or upon land, the atmosphere, or any watercourses; or
may cause bodily injury at any time.
Pollution liability coverage must be written on ISO form Pollution Liability Coverage Form
Designated Sites CG 00 39 12 04 (or a substitute form providing equivalent liability coverage),
with limits of at least$5,000,000 per occurrence and an aggregate limit of$10,000,000.
If the scope of work as defined in this Agreement includes the disposal of any hazardous or non-
hazardous materials from the job site, Contractor must furnish to Railroad evidence of pollution
legal liability insurance maintained by the disposal site operator for losses arising form the
insured facility accepting the materials, with coverage in minimum amounts of$1,000,000 per
loss,and an annual aggregate of$2,000,000.
Other Requirements
G. All policy(ies) required above (except worker's compensation and employers liability) must
include Railroad as"Additional Insured"using ISO Additional Insured Endorsements CG 20 26,
and CA 20 48 (or substitute forms providing equivalent coverage). The coverage provided to
Railroad as additional insured shall, to the extent provided under ISO Additional Insured
Endorsement CG 20 26, and CA 20 48 provide coverage for Railroad's negligence whether sole
or partial,active or passive, and shall not be limited by Contractor's liability under the indemnity
provisions of this Agreement.
H. Punitive damages exclusion, if any, must be deleted(and the deletion indicated on the certificate
of insurance),unless the law governing this Agreement prohibits all punitive damages that might
arise under this Agreement.
Supplemental Agreement-Union Pacifc Railroad Company Page 17 0(18
Resolution No.2020-41
Page 20 of 20
1. Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of
damages against Railroad and its agents,officers,directors and employees. This waiver must be
stated on the certificate of insurance.
J. Prior to commencing the work, Contractor shall furnish Railroad with a certificate(s) of
insurance,executed by a duly authorized representative of each insurer,showing compliance with •
the insurance requirements in this Agreement.
K. All insurance policies must be written by a reputable insurance company acceptable to Railroad
or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to
do business in the state(s)in which the work is to be performed.
I,. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not
be deemed to release or diminish the liability of Contractor,including,without limitation,liability
under the indemnity provisions of this Agreement. Damages recoverable by Railroad from
Contractor or any third party will not be limited by the amount of the required insurance •
coverage. •
•
•
Supplemental Agreement-Union Pacifc Railroad Company Page 18 of 18
STAFF REPORT
City Council Agenda Item Report
Agenda item No. COV-388-2020
Submitted by: Jessica Balandran
Submitting Department: Public Utilities
Meeting Date: November 3, 2020
SUBJECT
Supplemental Agreement with the Union Pacific Railroad
Recommendation:
Adopt Resolution No. 2020-41 approving and authorizing the execution of a Supplemental Agreement by
and between the City of Vernon and Union Pacific Railroad Company to approve the CiWs intent to
rebuild the existing overhead wireline crossing to 16.340kV.
Background:
On May 26, 2020, the City requested authorization from Union Pacific Railroad (Union Pacific)to rebuild
an existing 7kV line to a 16kV line, that crosses over Union Pacific owned railroad tracks located on the
east side of Downey Road just north of Fruitland Avenue. Union Pacific requires all electric lines crossing
over railroads to be permitted and licensed by them. The existing overhead 7kV line was originally
permitted and licensed through Union Pacific in April of 1986 through a License Agreement prepared by
Union Pacific.
The 7kV to 16kV rebuild is due to a customer request to increase electric service by customer,
Southland Box Company (Southland Box), located at 4201 Fruitland Avenue. The identified overhead line
is a lateral feed that provides service to a single distribution transformer which feeds Southland Box. The
current 7kV load capacity cannot accommodate the new load increase, therefore the overhead line must
be changed to a 16kV system. Union Pacific's practice to approve any changes or modifications to
existing overhead lines is to provide a Supplemental Agreement for the work. The Supplemental
Agreement, specifies the upgrade be complete within a one-year period and requires an administrative
handling fee of$1,000, to be paid to Union Pacific for processing of the agreement. The City will incur
the cost of the administrative handling fee as the customer, Southland Box, has already paid the City a
significant amount of fees as part of the new electric service request. Furthermore, the upgrade is a
benefit to the City's electric system for improved reliability and operational flexibility. Any future upgrades
or maintenance to the new line will be subject to the original Union Pacific License Agreement and are
not changed by this Supplemental Agreement.
Staff recommends that the City Council adopt the proposed resolution approving the Supplemental
Agreement as required by Union Pacific to rebuild the 7kV line to 16kV line that cross over railroad
tracks located on the east side of Downey Road just north of Fruitland Avenue. If the Supplemental
Agreement is approved, work to upgrade the line will begin November 20, 2020 and will be complete by
December 30, 2020.
The resolution and Supplemental Agreement have been reviewed and approved as to form by the City
Attorneys Office.
Fiscal Impact:
The fiscal impact of the upgrade including the administrative fee and labor are estimated at
approximately$5,000. The costs associated with this project are included in the approved Public
Utilities Department Fiscal Year 2000-2021 budget and will be charged to account 055.9100.5900000.
Attachments:
1. Resolution No. 2020-41