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HomeMy WebLinkAboutItem 15 - Agreements for Improvements to the Railroad Crossing on Warner and McFaddenPublic Works Agency www.santa-ana.org/pw Item # 15 o`'r City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 21, 2026 TOPIC: Agreements with Union Pacific Railroad Company for Railroad Crossing Improvements on Warner Avenue and McFadden Avenue AGENDA TITLE Agreements with Union Pacific Railroad Company for Improvements to the Railroad Crossings on Warner Avenue (Project 18-6901) and McFadden Avenue (Project No. 20- 6962) (General Fund) RECOMMENDED ACTION Approve an appropriation adjustment recognizing $8,570 in prior -year fund balance in the Transportation System Improvements Area D, Prior Year Carry Forward revenue account and appropriate the same amount into the Transportation System Improvements Area D, Improvements Other Than Buildings expenditure account (Requires five affirmative votes). 2. Approve an appropriation adjustment recognizing $531,000 in prior -year fund balance in the Residential Street Improvements, Prior Year Carry Forward revenue account and appropriate the same amount into the Residential Street Improvements, Improvements Other Than Buildings expenditure account (Requires five affirmative votes). 3. Approve an appropriation adjustment recognizing $936,955 in prior -year fund balance in the Select Street Construction, Prior Year Carry Forward revenue account and appropriate the same amount into the Select Street Construction, Improvements Other Than Buildings expenditure account (Requires five affirmative votes). 4. Approve an appropriation adjustment recognizing $776,858 in prior -year fund balance in the Measure M Street Construction, Prior Year Carry Forward revenue account and appropriate the same amount into the Measure M Street Construction, Improvements other than Buildings expenditure account (Requires five affirmative votes). Agreement for Railroad Crossing Improvements to Warner Avenue and McFadden Avenue April 21, 2026 Page 2 5. Approve an amendment to the Fiscal Year 2025-2026 Capital Improvement Program to include an additional $2,253,383 for the Railroad Crossings on Warner Avenue (Project 18-6901) and McFadden Avenue (Project No. 20-6962) 6. Authorize the City Manager to execute an agreement with Union Pacific Railroad Company for improvements to the railroad crossing (DOT No. 761248L) on Warner Avenue for construction costs of $1,422,270, additional railroad right-of- way costs of $53,570 including an annual signal maintenance fee of $12,580, effective three years from agreement effective date. (Agreement No. A-2026- XXX). 7. Authorize the City Manager to execute an agreement with Union Pacific Railroad Company for improvements to the railroad crossing (DOT No. 761245R) on McFadden Avenue for construction costs of $776,858, additional railroad grant rights costs of $33,350 including an annual surface maintenance fee of $3,332, effective three years from agreement effective date. (Agreement No. A-2026- XXX). 8. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review Nos. ER-2026-XX and ER-2026-XX will be filed for Project Nos.18-6901 and 20-6962. GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION Railroad Crossing Improvements Union Pacific Railroad (UPR) operates several railroad crossings throughout the City of Santa Ana. The City is responsible for maintaining roadway approaches and related surface improvements adjacent to these crossings within the public right-of-way per California Public Utilities Commission (CPUC) General Order 72-B. When the City undertakes roadway maintenance or capital improvement projects near railroad crossings, staff must coordinate with Union Pacific and the California Public Utilities Commission (CPUC), the State agency that regulates railroad crossings, to review and approve proposed improvements. Under current CPUC General Order 88-B, railroad companies are not required to install or fund safety improvements associated with local street projects if the railroad has prior rights. As a result, when City initiates roadway widening, safety enhancements, or multimodal improvements that affect railroad crossing infrastructure, the City is responsible for funding the required modifications within the railroad right-of-way. Accordingly, the City must enter into agreements with Union Pacific to complete the necessary improvements and reimburse the railroad for the associated costs. Agreement for Railroad Crossing Improvements to Warner Avenue and McFadden Avenue April 21, 2026 Page 3 Although these improvements are required to accommodate the City's roadway projects, they also provide significant public benefits by improving crossing safety, enhancing ride quality, and reducing long-term maintenance needs. The proposed upgrades are consistent with adopted City transportation and mobility planning documents and will enhance safety for motorists, pedestrians, and bicyclists. Warner Avenue Improvements The Warner Avenue Widening and Protected Bike Lane Project was identified in several City Council -approved planning documents, including the Safe Mobility Santa Ana Plan (SMSA), the State Active Transportation Program (ATP), and the Central Santa Ana Complete Streets Plan (CSACS). The project includes bicycle and pedestrian improvements associated with the widening of Warner Avenue from four to six lanes, as well as landscaping, street lighting, traffic signal upgrades, storm drain improvements, and new curb, gutter, sidewalk, and pavement. The project also includes railroad grade crossing improvements designed to enhance safety, improve crossing conditions, provide traffic calming, and ensure compliance with the Americans with Disabilities Act (ADA). Construction of the project is scheduled for City Council consideration on April 21, 2026, with construction anticipated to begin in summer 2026. Within the project limits is an at - grade railroad crossing on Warner Avenue east of Standard Avenue (Exhibit 1). City staff met with representatives from Union Pacific and the CPUC to review the existing crossing conditions and evaluate necessary improvements. Due to the planned widening of Warner Avenue to a six -lane arterial roadway with bicycle facilities, the City must acquire additional railroad right-of-way and reconstruct the existing crossing to meet current design standards. The crossing will require full replacement with concrete panels and upgraded signal equipment. Under existing maintenance responsibilities per CPUC General Order 72-B, the City maintains the roadway approaches within the City right-of-way, while Union Pacific maintains the railroad signals and pavement within the railroad right-of-way. To improve long-term durability and reduce maintenance requirements, Union Pacific has agreed to replace the existing crossing with concrete panels and upgrade the railroad signal crossing gates. Because these improvements occur within railroad right-of-way and are required to accommodate the City's roadway project, the City is responsible for funding the work per CPUC General Order 88-B. The proposed agreement (Exhibit 2) requires the City to reimburse Union Pacific for the installation of concrete panels and upgrades to the railroad signal crossing gates. Union Pacific has provided cost estimates for the improvements and the City's share of project costs includes: Agreement for Railroad Crossing Improvements to Warner Avenue and McFadden Avenue April 21, 2026 Page 4 • $53,570 for railroad right-of-way acquisition • $12,580 in annual signal maintenance costs • Construction improvements estimated at $1,422,270 These improvements will support the Warner Avenue widening project and ensure compliance with the requirements of the State's Active Transportation Program grant. Upon completion, the upgraded crossing will provide a smoother and safer crossing for pedestrians, bicyclists, and motorists. Staff recommends approval of the proposed agreement with UPR for the Warner Avenue crossing improvements. McFadden Avenue Improvements The McFadden Avenue Improvement Project was also identified in the City Council - approved Safe Mobility Santa Ana Plan (SMSA), Active Transportation Program (ATP), and Central Santa Ana Complete Streets Plan (CSACS). The project includes bicycle and pedestrian improvements, landscaping, lighting, traffic signal upgrades, and new curb, gutter, sidewalk, and pavement improvements. The project also includes railroad grade crossing improvements designed to enhance safety, improve crossing conditions, provide traffic calming, and install new ADA-compliant sidewalks. These improvements will improve safety for students walking to Kennedy Elementary School. Construction of this project was awarded in September 2024 and is currently underway. Within the project limits is an at -grade railroad crossing on McFadden Avenue east of Standard Avenue, which is currently in poor condition (Exhibit 3). City staff met with representatives from Union Pacific and the CPUC to evaluate the crossing and determine the necessary improvements. The existing crossing consists of asphalt pavement on the roadway approaches and between the rails. Historically, this type of crossing requires frequent maintenance to maintain a smooth roadway transition through the crossing. Under existing maintenance responsibilities per CPUC General Order 72-B, the City maintains the roadway approaches within the City right-of-way, while Union Pacific maintains the railroad signals and pavement within the railroad right-of-way. To improve long-term performance and reduce maintenance requirements, Union Pacific has agreed to replace the existing asphalt crossing with concrete panels and upgrade the railroad signal crossing gates. Because the improvements occur within railroad right-of- way and are necessary to support the City's street improvements, the City is responsible for funding the work per CPUC General Order 88-B. The proposed agreement (Exhibit 4) requires the City to reimburse Union Pacific for installation of the concrete crossing panels and signal upgrades. Union Pacific has Agreement for Railroad Crossing Improvements to Warner Avenue and McFadden Avenue April 21, 2026 Page 5 provided cost estimates for the improvements and the City's share of the improvements shall not exceed $776,858, which includes construction costs as well as ongoing annual signal and surface maintenance costs payable to Union Pacific. Upon completion, the upgraded crossing will provide a smoother, safer, and more durable crossing for pedestrians, bicyclists, and motorists. Staff recommends approval of the proposed agreement with UPR for the McFadden Avenue crossing improvements. Public Outreach The Contractor shall conduct weekly meetings with City construction staff to review traffic control plans and lane closures for each phase of the project. Railroad crossing construction activities will typically be scheduled during weekends to minimize impacts to the community. Union Pacific Railroad (UPRR) staff will coordinate with the City on the scheduling of all railroad -related work. The Contractor shall also install and maintain message boards along the roadway to inform the public of upcoming lane closures and construction activities. As part of standard community outreach practices, during the project design phase, staff coordinated with affected neighborhoods, schools, and businesses to present the project and collect community input. Upon Council approval of recommended actions, prior to start of construction, staff will notify affected neighborhoods, schools, and businesses of upcoming construction and distribute informational material including who to contact for additional information or to address issues of concern. To ensure timely and effective communication, the following notification measures will be implemented prior to the start of construction: • Electronic message signs will be installed two weeks in advance of construction activities to provide early notice of the project's start date, • A project information sign will be posted at the construction site, including contact information for public inquiries, • Residents and businesses within 1,000 feet of the project limits will receive door hanger or mailed notifications at least two weeks before construction begins, • A second round of notification will be issued 48 hours prior to the start of construction to residents and business adjacent to the limits of work, and • The City will also disseminate information through its official website and social media platforms to keep the public informed of construction activities, including any lane closures. The Contractor is required to issue construction notices to adjacent residents and businesses at least two weeks before construction begins. Additionally, the contractor is required to install signage at the project site indicating project details and contact information. Agreement for Railroad Crossing Improvements to Warner Avenue and McFadden Avenue April 21, 2026 Page 6 ENVIRONMENTAL IMPACT On September 1, 2015, City Council approved the Warner Avenue Final Environmental Impact Statement (EIR) (SCH No. 2012101004). The Warner Protected Bike Lanes Project received Caltrans approval under the National Environmental Policy Act (NEPA); a Categorical Exemption (CE) was approved on December 30, 2019. Caltrans revalidated the NEPA/CEQA document on May 27, 2025. Staff filed Categorical Exemptions Sections 15301(c) and 15304(h) have been recorded with the Orange County Clerk -Recorder Department, as Environmental Review No. ER- 2020-97 for the McFadden Avenue Protected Bike Lane Project improvements project document on November 25, 2020. The proposed Projects are exempt from further environmental review under Warner EIR and McFadden CEQA. This exemption applies when a previously certified Warner EIR and McFadden CEQA has adequately analyzed the environmental effects of an activity, and no new significant impacts would result from the proposed Project. If the proposed Project remains within the scope of the Warner EIR and McFadden CEQA and does not require a subsequent Environmental Impact Report (EIR), no additional environmental documentation is required. Therefore, a Notice of Exemption, Environmental Review No. 2026-XX for Warner and 2026-XX for McFadden, will be filed for the Projects. (Exhibit 5). FISCAL IMPACT With the approval of the requested appropriation adjustments, all funds will be available for expenditure in Fiscal Year 2025-26. Any remaining balances not expended at the end of the fiscal year will be presented to City Council for approval of carryovers into Fiscal Year 2026-2027. With the approval of the requested appropriation adjustments, $776,858 of the Measure M-Street Construction accumulated fund balance will be appropriated for spending in the Measure M2 Local Fairshare St, Improvements Other Than Buildings expenditure account (No. 03217662-66220). A portion of the Transportation System Improvement Area D accumulated fund balance will be appropriated for spending in the Transportation System Improvement Area D, Improvements Other Than Buildings expenditure account (No. 04417660-66220). The spendable portion of the fund balance is estimated to be $8,570 as of June 30, 2026, which is sufficient to allow for the recommended appropriation of $8,570. A portion of the Residential Street Improvements accumulated fund balance will be appropriated for spending in the Residential Street Improvements, Improvements Other Than Buildings expenditure account (No. 05817660-66220). The spendable portion of Agreement for Avenue April 21, 2026 Page 7 Railroad Crossing Improvements to Warner Avenue and McFadden the fund balance is estimated to be $3,631,793 as of June 30, 2026, which is sufficient to allow for the recommended appropriation of $531,000. A portion of the Select Street Construction accumulated fund balance will be appropriated for spending in the Select Street Construction, Improvements Other Than Buildings expenditure account (No. 05917666-66220). The spendable portion of the fund balance is estimated to be $3,138,301 as of June 30, 2026, which is sufficient to allow for the recommended appropriation of $936,955. Accounting Fiscal Unit — Account Fund Description Accounting Unit, Amount Year No. Account Description Project No. APPROPRIATION ADJUSTMENT Measure M2 Local 2025-26 03217662-66220 Measure M-Street Fair Share, $776,858 (20-6962) Construction Improvements Other Than Buildings Transportation Transportation 2025-26 04417660-66220 System System Improvements Area $8,570 (18-6901) Improvements Area D, Improvements D Other Than Buildings 2025-26 05817660-66220 Residential Street Residential Street Repair, Improvements $531,000 (18-6901) Improvements Other Than Buildings Select Street 2025-26 05917666-66220 Select Street Construction, $936,955 (18-6901) Construction Improvements Other Than Buildings TOTAL $2,253,383 EXHIBIT(S) 1. Location Map — Warner Avenue 2. Agreement with Union Pacific Railroad Company - Warner Avenue Crossing 3. Location Map — McFadden Avenue 4. Agreement with Union Pacific Railroad Company - McFadden Avenue Crossing 5. Environmental Determination 6. Capital Improvement Project Worksheets Submitted By: Rodolfo Rosas, P.E., Acting Executive Director of Public Works Agency Approved By: Alvaro Nunez, City Manager EXHIBIT 1 EXHIBIT 2 UP Real Estate Project No.: 0685975 PUBLIC HIGHWAY AT -GRADE CROSSING AGREEMENT Warner Avenue DOT 761248L 519.10 —Santa Ana Industrial Lead Santa Ana, Orange County, California THIS AGREEMENT ("Agreement") is made and entered into as of the day of , 20 ("Effective Date"), by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, to be addressed at Real Estate Department, 1400 Douglas Street, Mail Stop 1690, Omaha, Nebraska 68179 ("Railroad") and CITY OF SANTA ANA, a municipal corporation or political subdivision of the State of California to be addressed at 20 Civic Center Plaza, Santa Ana, California 92701 ("Political Body"). RECITALS: Presently, the Political Body utilizes the Railroad's property for the existing at grade public road crossing over Warner Avenue, DOT Number 761248L at Railroad's Milepost 519.10 on Railroad's Santa Ana Industrial Lead at or near Santa Ana, Orange County, California. The Political Body now desires to undertake as its project (the "Project") the reconstruction and widening of the existing at grade public road crossing to replace the warning devices. The road crossing, as reconstructed and widened is hereinafter the "Roadway." The Railroad right of way being utilized for the existing at grade public road crossing is not sufficient to allow for the reconstruction and widening of the Roadway. Therefore, under this Agreement, the Railroad will be granting additional rights to the Political Body to facilitate the reconstruction and widening of the Roadway. The portion of Railroad's property that Political Body needs to use in connection with the Roadway (including the right of way being utilized for the existing at grade crossing) is shown on the Railroad's location print marked Exhibit A attached hereto and hereby made a part hereof (the "Crossing Area"). The Railroad and the Political Body are entering into this Agreement to cover the above. EXHIBIT 2 AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: Section 1. EXHIBIT B The general terms and conditions marked Exhibit B, are attached hereto and hereby made a part hereof. Section 2. RAILROAD GRANTS RIGHT For and in consideration of the sum of Fifty Three Thousand Five Hundred Seventy Dollars ($53,570.00) to be paid by the Political Body to the Railroad upon the execution and delivery of this Agreement and in further consideration of the Political Body's agreement to perform and comply with the terms of this Agreement, the Railroad hereby grants to the Political Body the right to construct, maintain and repair the Roadway over and across the Crossing Area. Section 3. DEFINITION OF CONTRACTOR For purposes of this Agreement the term "Contractor" shall mean the contractor or contractors hired by the Political Body to perform any Project work on any portion of the Railroad's property and shall also include the Contractor's subcontractors and the Contractor's and subcontractor's respective employees, officers and agents, and others acting under its or their authority. Section 4. CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCE A. Prior to Contractor performing any work within the Crossing Area and any subsequent maintenance and repair work, the Political Body shall require the Contractor to: • execute the Railroad's then current Contractor's Right of Entry Agreement • obtain the then current insurance required in the Contractor's Right of Entry Agreement; and • provide such insurance policies, certificates, binders and/or endorsements to the Railroad. B. The Railroad's current Contractor's Right of Entry Agreement is marked Exhibit D, attached hereto and hereby made a part hereof. The Political Body confirms that it will inform its Contractor that it is required to execute such form of agreement and obtain the required insurance before commencing any work on any Railroad property. Under no circumstances will the Contractor be allowed on the Railroad's property without first executing the Railroad's Contractor's Right of Entry Agreement and obtaining the FA EXHIBIT 2 insurance set forth therein and also providing to the Railroad the insurance policies, binders, certificates and/or endorsements described therein. C. All insurance correspondence, binders, policies, certificates and/or endorsements shall be sent to: Manager - Contracts Union Pacific Railroad Company Real Estate Department 1400 Douglas Street, Mail Stop 1690 Omaha, NE 68179-1690 UP Project No. 0685975 D. If the Political Body's own employees will be performing any of the Project work, the Political Body may self -insure all or a portion of the insurance coverage subject to the Railroad's prior review and approval. Section 5. FEDERAL AID POLICY GUIDE If the Political Body will be receiving any federal funding for the Project, the current rules, regulations and provisions of the Federal Aid Policy Guide as contained in 23 CFR 140, Subpart I and 23 CFR 646, Subparts A and B are incorporated into this Agreement by reference. Section 6. NO PROJECT EXPENSES TO BE BORNE BY RAILROAD The Political Body agrees that no Project costs and expenses are to be borne by the Railroad. In addition, the Railroad is not required to contribute any funding for the Project. Section 7. WORK TO BE PERFORMED BY RAILROAD; BILLING SENT TO POLITICAL BODY; POLITICAL BODY'S PAYMENT OF BILLS A. The work to be performed by the Railroad, at the Political Body's sole cost and expense, is described in the Railroad's Material and Force Account Estimates dated January 30, 2025, and April 24, 2025, marked Exhibit C, attached hereto and hereby made a part hereof (the "Estimates"). As set forth in the Estimates, the Railroad's estimated cost for the Railroad's work associated with the Project is One Million Four Hundred Twenty -Two Thousand Two Hundred Seventy Dollars ($1,422,270.00). B. The Railroad, if it so elects, may recalculate and update the Estimates submitted to the Political Body in the event the Political Body does not commence construction on the portion of the Project located on the Railroad's property within six (6) months from the date of the Estimates. 3 EXHIBIT 2 C. The Political Body acknowledges that the Estimates may not include any estimate of flagging or other protective service costs that are to be paid by the Political Body or the Contractor in connection with flagging or other protective services provided by the Railroad in connection with the Project. All of such costs incurred by the Railroad are to be paid by the Political Body or the Contractor as determined by the Railroad and the Political Body. If it is determined that the Railroad will be billing the Contractor directly for such costs, the Political Body agrees that it will pay the Railroad for any flagging costs that have not been paid by any Contractor within thirty (30) days of the Contractor's receipt of billing. D. The Railroad shall send progressive billing to the Political Body during the Project and final billing to the Political Body within three hundred sixty-five (365) days after receiving written notice from the Political Body that all Project work affecting the Railroad's property has been completed and the Project Manager has closed the Project work order and notified the Political Body. E. The Political Body agrees to reimburse the Railroad within thirty (30) days of its receipt of billing from the Railroad for one hundred percent (100%) of all actual costs incurred by the Railroad in connection with the Project including, but not limited to, all actual costs of engineering review (including preliminary engineering review costs incurred by Railroad prior to the Effective Date of this Agreement), construction, inspection, flagging (unless flagging costs are to be billed directly to the Contractor), procurement of materials, equipment rental, manpower and deliveries to the job site and all direct and indirect overhead labor/construction costs including Railroad's standard additive rates. Section 8. PLANS A. The Political Body, at its expense, shall prepare, or cause to be prepared by others, the detailed plans and specifications for the Project and the Structure and submit such plans and specifications to the Railroad's Assistant Vice President Engineering -Design, or his authorized representative, for prior review and approval. The plans and specifications shall include all Roadway layout specifications, cross sections and elevations, associated drainage, and other appurtenances. B. The final one hundred percent (100%) completed plans that are approved in writing by the Railroad's Assistant Vice President Engineering -Design, or his authorized representative, are hereinafter referred to as the "Plans". The Plans are hereby made a part of this Agreement by reference. C. No changes in the Plans shall be made unless the Railroad has consented to such changes in writing. D. The Railroad's review and approval of the Plans will in no way relieve the Political Body or the Contractor from their responsibilities, obligations and/or liabilities under this Agreement, and will be given with the understanding that the Railroad makes 4 EXHIBIT 2 no representations or warranty as to the validity, accuracy, legal compliance or completeness of the Plans and that any reliance by the Political Body or Contractor on the Plans is at the risk of the Political Body and Contractor. Section 9. NON -RAILROAD IMPROVEMENTS A. Submittal of plans and specifications for protecting, encasing, reinforcing, relocation, replacing, removing and abandoning in place all non -railroad owned facilities (the "Non Railroad Facilities") affected by the Project including, without limitation, utilities, fiber optics, pipelines, wirelines, communication lines and fences is required under Section 8. The Non Railroad Facilities plans and specifications shall comply with Railroad's standard specifications and requirements, including, without limitation, American Railway Engineering and Maintenance -of -Way Association ("AREMA") standards and guidelines. Railroad has no obligation to supply additional land for any Non Railroad Facilities and does not waive its right to assert preemption defenses, challenge the right -to -take, or pursue compensation in any condemnation action, regardless if the submitted Non Railroad Facilities plans and specifications comply with Railroad's standard specifications and requirements. Railroad has no obligation to permit any Non Railroad Facilities to be abandoned in place or relocated on Railroad's property. B. Upon Railroad's approval of submitted Non Railroad Facilities plans and specifications, Railroad will attempt to incorporate them into new agreements or supplements of existing agreements with Non Railroad Facilities owners or operators. Railroad may use its standard terms and conditions, including, without limitation, its standard license fee and administrative charges when requiring supplements or new agreements for Non Railroad Facilities. Non Railroad Facilities work shall not commence before a supplement or new agreement has been fully executed by Railroad and the Non Railroad Facilities owner or operator, or before Railroad and Political Body mutually agree in writing to (i) deem the approved Non Railroad Facilities plans and specifications to be Plans pursuant to Section 8B, (ii) deem the Non Railroad Facilities part of the Structure, and (iii) supplement this Agreement with terms and conditions covering the Non Railroad Facilities. Section 10. EFFECTIVE DATE; TERM; TERMINATION A. This Agreement is effective as of the Effective Date first herein written and shall continue in full force and effect for as long as the Roadway remains on the Railroad's property. B. The Railroad, if it so elects, may terminate this Agreement effective upon delivery of written notice to the Political Body in the event the Political Body does not commence construction on the portion of the Project located on the Railroad's property within twelve (12) months from the Effective Date. C. If the Agreement is terminated as provided above, or for any other reason, the Political Body shall pay to the Railroad all actual costs incurred by the Railroad in 5 EXHIBIT 2 connection with the Project up to the date of termination, including, without limitation, all actual costs incurred by the Railroad in connection with reviewing any preliminary or final Project Plans. Section 11. CONDITIONS TO BE MET BEFORE POLITICAL BODY CAN COMMENCE WORK Neither the Political Body nor the Contractor may commence any work within the Crossing Area or on any other Railroad property until: (i) The Railroad and Political Body have executed this Agreement. (ii) The Railroad has provided to the Political Body the Railroad's written approval of the Plans. (iii) Each Contractor has executed Railroad's Contractor's Right of Entry Agreement and has obtained and/or provided to the Railroad the insurance policies, certificates, binders, and/or endorsements required under the Contractor's Right of Entry Agreement. (iv) Each Contractor has given the advance notice(s) required under the Contractor's Right of Entry Agreement to the Railroad Representative named in the Contactor's Right of Entry Agreement. Section 12. FUTURE PROJECTS Future projects involving substantial maintenance, repair, reconstruction, renewal and/or demolition of the Roadway shall not commence until Railroad and Political Body agree on the plans for such future projects, cost allocations, right of entry terms and conditions and temporary construction rights, terms and conditions. Section 13. ASSIGNMENT: SUCCESSORS AND ASSIGNS A. Political Body shall not assign this Agreement without the prior written consent of Railroad. B. Subject to the provisions of Paragraph A above, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Railroad and Political Body. Section 14. SPECIAL PROVISIONS PERTAINING TO AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 If the Political Body will be receiving American Recovery and Reinvestment Act ("ARRA") funding for the Project, the Political Body agrees that it is responsible in performing and completing all ARRA reporting documents for the Project. The Political EXHIBIT 2 Body confirms and acknowledges that Section 1512 of the ARRA provisions applies only to a "recipient" receiving ARRA funding directing from the federal government and, therefore, (i) the ARRA reporting requirements are the responsibility of the Political Body and not of the Railroad, and (ii) the Political Body shall not delegate any ARRA reporting responsibilities to the Railroad. The Political Body also confirms and acknowledges that (i) the Railroad shall provide to the Political Body the Railroad's standard and customary billing for expenses incurred by the Railroad for the Project including the Railroad's standard and customary documentation to support such billing, and (ii) such standard and customary billing and documentation from the Railroad provides the information needed by the Political Body to perform and complete the ARRA reporting documents. The Railroad confirms that the Political Body and the Federal Highway Administration shall have the right to audit the Railroad's billing and documentation for the Project as provided in Section 11 of Exhibit B of this Agreement. Section 15. TERMINATION OF ORIGINAL AGREEMENT Upon the completion of the Roadway, the original agreement either governing currently, or any agreement to be found in the future at the existing at -grade crossing shall terminate and the terms and conditions of this Agreement shall govern the use, maintenance and repair of the Roadway. Section 16. ANNUAL SIGNAL MAINTENANCE FEE A. Effective as of three years from effective date of this Agreement or the date of installation and/or the in-service date of the new and/or improved or existing Grade Crossing Signal System(s) ("Signal System"), the Political Body, in addition to maintaining at its sole cost and expense the portion of the Roadway described in Section 2 of Exhibit B, agrees to pay to Railroad the sum of Twelve Thousand Five Hundred Eighty Dollars ($12,580.00) per annum, payable annually in advance, as payment for Railroad's maintenance of the Signal System that is installed at the Roadway. The annual signal maintenance fee is calculated as shown on the attached Exhibit E, attached hereto and made a part hereof. B. The above annual signal maintenance fee for Railroad's maintenance of the Signal System is based on the number of current signal units installed at the Roadway. If the Signal System is improved and/or altered in any way, the Political Body must notify the Railroad in writing and the annual signal maintenance fee will be increased at a rate based on the American Railway Engineering and Maintenance of Way Association (AREMA) signal unit cost index. If the Political Body fails to notify Railroad of any improvement or alteration to the Signal System, the Railroad may increase the annual signal maintenance fee at a rate based on the AREMA signal unit cost index any time after the date of installation and/or improvement of the Signal System. The signal unit base for the annual signal maintenance fee may also be re -determined by the Railroad at any time subsequent to the expiration of five (5) years following the date on which the annual signal maintenance fee was last determined or established. Any such changes in the annual signal maintenance fee referenced in Section 16 may be made by means of automatic adjustment in billing. FA EXHIBIT 2 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the Effective Date first herein written. UNION PACIFIC RAILROAD COMPANY (Federal Tax ID #94-6001323) In Printed Name: Title: [City of Santa Ana signatures on following page] City of Santa Ana Signature Page - Public Highway At -Grade Crossing Agreement ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: � �Z VA-, e� e Nellesen Assistant City Attorney CITY OF SANTA ANA ALVARO NUNEZ City Manager RECOMMENDED FOR APPROVAL: Digitally signed by Rodolfo Rosas J —Rodolfo Rosas,Rodol`o Rosaemail='rosas@santa-ana.org, -US Date: 2026.04.06 14:25:55-07'00' Rodolfo Rosas, P.E. Acting Executive Director Public Works Agency EXHIBIT 2 EXHIBIT A TO PUBLIC HIGHWAY AT -GRADE CROSSING AGREEMENT Exhibit A will be a print showing the Crossing Area (see Recitals) � o m aEX SIGN 1@7 m . m m •m ® ��I m Igoe ! 11■II 11■Ild �, •� I'dll■Illillif,'i1�91■��I��,, ,� ICI I11 ® m I11 I11. ®�! I!I!i!1!I!I!1!I!I!Iii�ri���I■It �I■I� L�`":-�'ii1i1i1i1ii�!�a4i1ipi01ii��6�® ■�� �■isisi:i:i:F:i:i:i:�.�:,��:'�:I�I�i OI�I��' ��: �����I�I�I�I���I�I,I��u��®�■ --- --o= - I 11, MUM mail 111111 --- a_r��a �/I■�������i■I! � Mils © m m o 8,1REFERENCES WARNER AVE AT GRADE CROSSING �► __ BENCHORK NO.: ELEV. WARNER AVE PHASE 2A 11, �1111111110 IMPROVEMENTS PUBLIC WORKS AGENCY SENSE �= .. CONSTRUCTION COWLETED; PRINCPk CIVIL ENGNEER RCE NO.: 62968 CITY OF SANTA ANA SHEET NO. 18 OF 69 Public Highway At -Grade Crossing 03/01/13 Standard Form Approved, AVP-Law EXHIBIT 2 EXHIBIT B TO PUBLIC HIGHWAY AT -GRADE CROSSING AGREEMENT SECTION 1. CONDITIONS AND COVENANTS A. The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances. The Political Body shall not use or permit use of the Crossing Area for any purposes other than those described in this Agreement. Without limiting the foregoing, the Political Body shall not use or permit use of the Crossing Area for railroad purposes, or for gas, oil or gasoline pipe lines. Any lines constructed on the Railroad's property by or under authority of the Political Body for the purpose of conveying electric power or communications incidental to the Political Body's use of the property for highway purposes shall be constructed in accordance with specifications and requirements of the Railroad, and in such manner as not adversely to affect communication or signal lines of the Railroad or its licensees now or hereafter located upon said property. No nonparty shall be admitted by the Political Body to use or occupy any part of the Railroad's property without the Railroad's written consent. Nothing herein shall obligate the Railroad to give such consent. B. The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required for its convenience or purposes. In the event the Railroad shall place additional tracks upon the Crossing Area, the Political Body shall, at its sole cost and expense, modify the Roadway to conform with all tracks within the Crossing Area. C. The right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or unrecorded, and also to any renewals thereof. The Political Body shall not damage, destroy or interfere with the property or rights of nonparties in, upon or relating to the Railroad's property, unless the Political Body at its own expense settles with and obtains releases from such nonparties. D. The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent with the right hereby granted, including, but not by way of limitation, the right to construct, reconstruct, maintain, operate, repair, alter, renew and replace tracks, facilities and appurtenances on the property; and the right to cross the Crossing Area with all kinds of equipment. E. So far as it lawfully may do so, the Political Body will assume, bear and pay all taxes and assessments of whatsoever nature or kind (whether general, local or special) levied or assessed upon or against the Crossing Area, excepting taxes levied upon and against the property as a component part of the Railroad's operating property. EXHIBIT 2 F. If any property or rights other than the right hereby granted are necessary for the construction, maintenance and use of the Roadway and its appurtenances, or for the performance of any work in connection with the Project, the Political Body will acquire all such other property and rights at its own expense and without expense to the Railroad. SECTION 2. CONSTRUCTION OF ROADWAY A. The Political Body, at its expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for the Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained. B. Except as may be otherwise specifically provided herein, the Political Body, at its expense, will furnish all necessary labor, material and equipment, and shall construct and complete the Roadway and all appurtenances thereof. The appurtenances shall include, without limitation, all necessary and proper highway warning devices (except those installed by the Railroad within its right of way) and all necessary drainage facilities, guard rails or barriers, and right of way fences between the Roadway and the railroad tracks. Upon completion of the Project, the Political Body shall remove from the Railroad's property all temporary structures and false work, and will leave the Crossing Area in a condition satisfactory to the Railroad. C. All construction work of the Political Body upon the Railroad's property (including, but not limited to, construction of the Roadway and all appurtenances and all related and incidental work) shall be performed and completed in a manner satisfactory to the Assistant Vice President Engineering -Design of the Railroad or his authorized representative and in compliance with the Plans, and other guidelines furnished by the Railroad. D. All construction work of the Political Body shall be performed diligently and completed within a reasonable time. No part of the Project shall be suspended, discontinued or unduly delayed without the Railroad's written consent, and subject to such reasonable conditions as the Railroad may specify. It is understood that the Railroad's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trains, engines or cars may cause delays in the work of the Political Body. The Political Body hereby assumes the risk of any such delays and agrees that no claims for damages on account of any delay shall be made against the Railroad by the State and/or the Contractor. SECTION 3. INJURY AND DAMAGE TO PROPERTY If the Political Body, in the performance of any work contemplated by this Agreement or by the failure to do or perform anything for which the Political Body is responsible under the provisions of this Agreement, shall injure, damage or destroy any property of the Railroad or of any other person lawfully occupying or using the property of the Railroad, such property shall be replaced or repaired by the Political Body at the 2 EXHIBIT 2 Political Body's own expense, or by the Railroad at the expense of the Political Body, and to the satisfaction of the Railroad's Assistant Vice President Engineering -Design. SECTION 4. RAILROAD MAY USE CONTRACTORS TO PERFORM WORK The Railroad may contract for the performance of any of its work by other than the Railroad forces. The Railroad shall notify the Political Body of the contract price within ninety (90) days after it is awarded. Unless the Railroad's work is to be performed on a fixed price basis, the Political Body shall reimburse the Railroad for the amount of the contract. SECTION 5. MAINTENANCE AND REPAIRS A. The Political Body shall, at its own sole expense, maintain, repair, and renew, or cause to be maintained, repaired and renewed, the entire Crossing Area and Roadway, except the portions between the track tie ends, which shall be maintained by the Railroad at the Political Body's expense. B. If, in the future, the Political Body elects to have the surfacing material between the track tie ends, or between tracks if there is more than one railroad track across the Crossing Area, replaced with paving or some surfacing material other than timber planking, the Railroad, at the Political Body's expense, shall install such replacement surfacing, and in the future, to the extent repair or replacement of the surfacing is necessitated by repair or rehabilitation of the Railroad's tracks through the Crossing Area, the Political Body shall bear the expense of such repairs or replacement. SECTION 6. CHANGES IN GRADE If at any time the Railroad shall elect, or be required by competent authority to, raise or lower the grade of all or any portion of the track(s) located within the Crossing Area, the Political Body shall, at its own expense, conform the Roadway to conform with the change of grade of the trackage. SECTION 7. REARRANGEMENT OF WARNING DEVICES If the change or rearrangement of any warning device installed hereunder is necessitated for public or Railroad convenience or on account of improvements for either the Railroad, highway or both, the parties will apportion the expense incidental thereto between themselves by negotiation, agreement or by the order of a competent authority before the change or rearrangement is undertaken. SECTION 8. SAFETY MEASURES; PROTECTION OF RAILROAD COMPANY OPERATIONS It is understood and recognized that safety and continuity of the Railroad's operations and communications are of the utmost importance; and in order that the 3 EXHIBIT 2 same may be adequately safeguarded, protected and assured, and in order that accidents may be prevented and avoided, it is agreed with respect to all of said work of the Political Body that the work will be performed in a safe manner and in conformity with the following standards: A. Definitions. All references in this Agreement to the Political Body shall also include the Contractor and their respective officers, agents and employees, and others acting under its or their authority; and all references in this Agreement to work of the Political Body shall include work both within and outside of the Railroad's property. B. Entry on to Railroad's Property by Political Body. If the Political Body's employees need to enter Railroad's property in order to perform an inspection of the Roadway, minor maintenance or other activities, the Political Body shall first provide at least ten (10) working days advance notice to the Railroad Representative. With respect to such entry on to Railroad's property, the Political Body, to the extent permitted by law, agrees to release, defend and indemnify the Railroad from and against any loss, damage, injury, liability, claim, cost or expense incurred by any person including, without limitation, the Political Body's employees, or damage to any property or equipment (collectively the "Loss") that arises from the presence or activities of Political Body's employees on Railroad's property, except to the extent that any Loss is caused by the sole direct negligence of Railroad. C. Flagging. (i) If the Political Body's employees need to enter Railroad's property as provided in Paragraph B above, the Political Body agrees to notify the Railroad Representative at least thirty (30) working days in advance of proposed performance of any work by Political Body in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such thirty (30) day notice, the Railroad Representative will determine and inform Political Body whether a flagman need be present and whether Political Body needs to implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by Railroad, Railroad will bill Political Body for such expenses incurred by Railroad. If Railroad performs any flagging, or other special protective or safety measures are performed by Railroad, Political Body agrees that Political Body is not relieved of any of its responsibilities or liabilities set forth in this Agreement. (ii) The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight -hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for 0 EXHIBIT 2 vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Political Body shall pay on the basis of the new rates and charges. (iii) Reimbursement to Railroad will be required covering the full eight -hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Political Body may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Political Body must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Political Body will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad. D. Compliance With Laws. The Political Body shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work. The Political Body shall use only such methods as are consistent with safety, both as concerns the Political Body, the Political Body's agents and employees, the officers, agents, employees and property of the Railroad and the public in general. The Political Body (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts and regulations. All Federal Railroad Administration regulations shall be followed when work is performed on the Railroad's premises. If any failure by the Political Body to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged against the Railroad, the Political Body shall reimburse, and to the extent it may lawfully do so, indemnify the Railroad for any such fine, penalty, cost, or charge, including without limitation attorney's fees, court costs and expenses. The Political Body further agrees in the event of any such action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad. 5 EXHIBIT 2 E. No Interference or Delays. The Political Body shall not do, suffer or permit anything which will or may obstruct, endanger, interfere with, hinder or delay maintenance or operation of the Railroad's tracks or facilities, or any communication or signal lines, installations or any appurtenances thereof, or the operations of others lawfully occupying or using the Railroad's property or facilities. F. Supervision. The Political Body, at its own expense, shall adequately police and supervise all work to be performed by the Political Body, and shall not inflict injury to persons or damage to property for the safety of whom or of which the Railroad may be responsible, or to property of the Railroad. The responsibility of the Political Body for safe conduct and adequate policing and supervision of the Project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications, or by the Railroad's collaboration in performance of any work, or by the presence at the work site of the Railroad's representatives, or by compliance by the Political Body with any requests or recommendations made by such representatives. If a representative of the Railroad is assigned to the Project, the Political Body will give due consideration to suggestions and recommendations made by such representative for the safety and protection of the Railroad's property and operations. G. Suspension of Work. If at any time the Political Body's engineers or the Vice President -Engineering Services of the Railroad or their respective representatives shall be of the opinion that any work of the Political Body is being or is about to be done or prosecuted without due regard and precaution for safety and security, the Political Body shall immediately suspend the work until suitable, adequate and proper protective measures are adopted and provided. H. Removal of Debris. The Political Body shall not cause, suffer or permit material or debris to be deposited or cast upon, or to slide or fall upon any property or facilities of the Railroad; and any such material and debris shall be promptly removed from the Railroad's property by the Political Body at the Political Body's own expense or by the Railroad at the expense of the Political Body. The Political Body shall not cause, suffer or permit any snow to be plowed or cast upon the Railroad's property during snow removal from the Crossing Area. I. Explosives. The Political Body shall not discharge any explosives on or in the vicinity of the Railroad's property without the prior consent of the Railroad's Vice President -Engineering Services, which shall not be given if, in the sole discretion of the Railroad's Vice President -Engineering Services, such discharge would be dangerous or would interfere with the Railroad's property or facilities. For the purposes hereof, the "vicinity of the Railroad's property" shall be deemed to be any place on the Railroad's property or in such close proximity to the Railroad's property that the discharge of explosives could cause injury to the Railroad's employees or other persons, or cause damage to or interference with the facilities or operations on the Railroad's property. The Railroad reserves the right to impose such conditions, restrictions or limitations on the transportation, handling, storage, security and use of explosives as the Railroad, in the Railroad's sole discretion, may deem to be necessary, desirable or appropriate. T EXHIBIT 2 J. Excavation. The Political Body shall not excavate from existing slopes nor construct new slopes which are excessive and may create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of the Railroad. The Political Body shall not do or cause to be done any work which will or may disturb the stability of any area or adversely affect the Railroad's tracks or facilities. The Political Body, at its own expense, shall install and maintain adequate shoring and cribbing for all excavation and/or trenching performed by the Political Body in connection with construction, maintenance or other work. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the Railroad's Assistant Vice President Engineering - Design to withstand all stresses likely to be encountered, including any stresses resulting from vibrations caused by the Railroad's operations in the vicinity. K. Drainage. The Political Body, at the Political Body's own expense, shall provide and maintain suitable facilities for draining the Roadway and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon property of the Railroad. The Political Body, at the Political Body's own expense, shall provide adequate passageway for the waters of any streams, bodies of water and drainage facilities (either natural or artificial, and including water from the Railroad's culvert and drainage facilities), so that said waters may not, because of any facilities or work of the Political Body, be impeded, obstructed, diverted or caused to back up, overflow or damage the property of the Railroad or any part thereof, or property of others. The Political Body shall not obstruct or interfere with existing ditches or drainage facilities. L. Notice. Before commencing any work, the Political Body shall provide the advance notice to the Railroad that is required under the Contractor's Right of Entry Agreement. M. Fiber Optic Cables. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Political Body shall visit up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried anywhere on Railroad's property to be used by the Political Body. If it is, Political Body will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises. SECTION 9. INTERIM WARNING DEVICES If at anytime it is determined by a competent authority, by the Political Body, or by agreement between the parties, that new or improved train activated warning devices should be installed at the Crossing Area, the Political Body shall install adequate temporary warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the new or improved devices have been installed. EXHIBIT 2 SECTION 10. OTHER RAILROADS All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other railroad company lawfully using the Railroad's property or facilities. SECTION 11. BOOKS AND RECORDS The books, papers, records and accounts of Railroad, so far as they relate to the items of expense for the materials to be provided by Railroad under this Project, or are associated with the work to be performed by Railroad under this Project, shall be open to inspection and audit at Railroad's offices in Omaha, Nebraska, during normal business hours by the agents and authorized representatives of Political Body for a period of three (3) years following the date of Railroad's last billing sent to Political Body. SECTION 12. REMEDIES FOR BREACH OR NONUSE A. If the Political Body shall fail, refuse or neglect to perform and abide by the terms of this Agreement, the Railroad, in addition to any other rights and remedies, may perform any work which in the judgment of the Railroad is necessary to place the Roadway and appurtenances in such condition as will not menace, endanger or interfere with the Railroad's facilities or operations or jeopardize the Railroad's employees; and the Political Body will reimburse the Railroad for the expenses thereof. B. Nonuse by the Political Body of the Crossing Area for public highway purposes continuing at any time for a period of eighteen (18) months shall, at the option of the Railroad, work a termination of this Agreement and of all rights of the Political Body hereunder. C. The Political Body will surrender peaceable possession of the Crossing Area and Roadway upon termination of this Agreement. Termination of this Agreement shall not affect any rights, obligations or liabilities of the parties, accrued or otherwise, which may have arisen prior to termination. SECTION 13. MODIFICATION - ENTIRE AGREEMENT No waiver, modification or amendment of this Agreement shall be of any force or effect unless made in writing, signed by the Political Body and the Railroad and specifying with particularity the nature and extent of such waiver, modification or amendment. Any waiver by the Railroad of any default by the Political Body shall not affect or impair any right arising from any subsequent default. This Agreement and Exhibits attached hereto and made a part hereof constitute the entire understanding between the Political Body and the Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work or any part thereof. 8 EXHIBIT 2 Public Highway At -Grade Crossing 03/01/13 Standard Form Approved, AVP-Law EXHIBIT C TO PUBLIC HIGHWAY AT -GRADE CROSSING AGREEMENT Exhibit C (if applicable) will be Railroad's Material and Force Agreement Estimate. Material And Force Account Estimate City of Santa Ana, CA EXHIBIT 2 Estimate Creation Date: 1/26/2022 Number: 136966 Version: 3 Estimate Good Until 01/30/26 Location: SANTA ANA IND LD, INDL, 517.19-522.84 Buy America: Yes Description of Work: Santa Ana Ind Ld MP 519.10 Santa Ana, CA Warner Avenue DOT#761248L WO#61979 PID#120087 100% Recollectable COMMENTS Description QTY UOM Unit LABOR MATERIAL TOTAL Cost SIGNAL Xing - Engineering Design 1 LS 21,000.00 21,000 0 21,000 Xing - Boring 1 LS 10,000.00 0 10,000 10,000 Xing - Fill/Rock/Gravel 1 LS 2,500.00 0 2,500 2,500 Fed W/ OH & Ind. 228.88% Xing - Labor Additive 1 LS 418,372.00 418,372 0 418,372 Xing - Meter Service 1 LS 15,000.00 0 15,000 15,000 Xing - 1 Trk CWE w/Four Quad Gates 1 EA 192,474.00 67,200 125,274 192,474 Xing - Cantilever Mast 37'-40' Cant 2 EA 25,095.00 37,500 12,690 50,190 Xing -Cantilever Arm<41' 25 LF 767.00 0 19,175 19,175 Xing - Cantilever Arm <41' 27 LF 767.00 0 20,709 20,709 Xing - Flasher/Ped (pair) 1 LS 57,560.00 16,000 41,560 57,560 Xing - Relocate Narrow Band Shunt 6 EA 5,228.00 14,094 17,274 31,368 Xing - Remove Location (Gates/Cants) 1 LS 4,000.00 4,000 0 4,000 Cabin removal and abatement. Xing - Remove Location 2 LS 2,000.00 4,000 0 4,000 Xing - Remove Location CIP Cantilever Foundation 2 LS 5,000.00 10,000 0 10,000 Xing - AC/DC Island Only 1 LS 6,007.00 0 6,007 6,007 Xing - IJ 2 PR 9,000.00 8,996 9,004 18,000 10 % Labor Contingency Xing - Misc. 1 LS 60,116.00 60,116 0 60,116 Sub -Total = 661,278 279,193 940,471 Totals = 661,278 279,193 940,471 Grand Total = $940,471 Disclaimer: This is a preliminary estimate, intended to provide a ballpark cost to determine whether a proposed project warrants further study. Quantities and costs are estimated using readily available information and experience with similar projects. Site conditions and changes in project scope and design may result in significant cost variance. Thursday, January 30, 2025 Page 1 of 1 Material And Force Account Estimate Santa Ana Estimate Number: 137226 Version: 2 Standard Rates: Labor Additive = 223% Estimate Good Until 10/24/25 Location: SANTAANA IND LD, INDL, 519.08-519.12 Description of Work: 761248L Warner Ave Santa Ana CA 519.1 Santa And Ind Ld Prepared For: Santa Ana Buy America: No COMMENTS FACILITY Description QTY UOM UCST LABOR MATERIAL TOTAL UP %0 Agcy %100 ENGINEERING Engineering 1 1 LS 81,135.00 81,135 0 81,135 0 81,135 Bill Prep Fee - Track Surface RECOLLECT 1 LS 900.00 0 900 900 0 900 Homeline Freight - Track Surface RECOLLECT 1 LS 900.00 0 900 900 0 900 Foreign Line Freight - Track Surface RECOLLECT 1 LS 2,976.46 0 2,976 2,976 0 2,976 Sub -Total = 81,135 4,776 85,911 0 85,911 TRACK CONSTRUCTION - COMPANY Mobilization: Company 1 DA 11,450.00 11,450 0 11,450 0 11,450 RDXING RDXING 136# CON10W PP PAN COMPLETE 224 TF 981.01 120,314 99,431 219,745 0 219,745 TRACK 136#CWRIS024-8'6"PPHWDN16TP 96 TF 854.06 61,030 20,959 81,989 0 81,989 COMPJT Transition Rail - 136# 4 PR 7,694.04 16,259 14,517 30,776 0 30,776 Sub -Total = 209,053 134,908 343,961 0 343,961 TRACK REMOVAL - COMPANY RDXING Remove road crossing - concrete 180 1 TF 100.73 18,132 0 18,132 0 18,132 TRACK Remove Track 1140 1 TF 44.971 6,2951 01 6,2951 01 6,295 Sub -Total = 24,427 0 24,427 0 24,427 SITE WORK - CONTRACT Asphalt: Saw Cut 1 1 1 LS 1 2,500.00 0 2,500 2,500 0 2,500 Sub -Total = 0 2,500 2,500 0 2,500 EQUIPMENT RENTAL Equipment Rental 5 1 LS 1 5,000.00 0 25,000 25,000 0 25,000 Sub -Total = 0 25,000 25,000 0 25,000 Total Wgt. in Tons = 1,413 Totals = 314,615 167,184 481,799 0 481,799 Grand Total = $481,799 Please Note: The above figures are estimates only and are subject to fluctuation. In the event of an increase or decrease in the cost or amount of material or labor required, Santa Ana will pay actual construction costs at the current rates effective thereof. EXHIBIT 2 Thursday, April 24, 2025 Page 1 of 1 Contractor's Right of Entry Projects Form Approved 02/09/2022 EXHIBIT 2 Public Project No. 0685975 EXHIBIT D TO PUBLIC HIGHWAY AT -GRADE CROSSING AGREEMENT CONTRACTOR'S RIGHT OF ENTRY AGREEMENT THIS AGREEMENT is made and entered into as of the day of , 20 by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"); and a corporation ("Contractor"). RECITALS: Contractor has been hired by to perform work relating to (the "Work") with all or a portion of such Work to be performed on property of Railroad in the vicinity of Railroad's Milepost on Railroad's [Subdivision or Branch] [at or near DOT No. located at or near in County, State of , as such location is in the general location shown on the print marked Exhibit A, attached hereto and hereby made a part hereof, which Work is the subject of a contract dated between Railroad and Railroad is willing to permit Contractor to perform the Work described above at the location described above subject to the terms and conditions contained in this agreement AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as follows: ARTICLE 1 - DEFINITION OF CONTRACTOR. For purposes of this agreement, all references in this agreement to Contractor shall include Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. For purposes of clarity, Contractor agrees that any CIC (defined below) hired by Contractor is a subcontractor of Contractor and therefore included in the defined term Contractor pursuant to the foregoing sentence. ARTICLE 2 - RIGHT GRANTED: PURPOSE. Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the property described in the Recitals for the purpose of performing the Work described in the Recitals above. The right herein granted to Contractor is limited to those portions of Railroad's property specifically described herein, or as designated by the Railroad Representatives named in Article 4. ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS B AND C. The terms and conditions contained in Exhibit B and Exhibit C, attached hereto, are hereby made a part of this agreement. EXHIBIT 2 Contractor's Right of Entry Public Projects Form Approved 02/09/2022 ARTICLE 4 - ALL EXPENSES TO BE BORNE BY CONTRACTOR: RAILROAD REPRESENTATIVES. A. Contractor shall bear any and all costs and expenses associated with any Work performed by Contractor (including without limitation any CIC), or any costs or expenses incurred by Railroad relating to this agreement. B. Contractor shall coordinate all of its Work with the following Railroad representatives or their duly authorized representative (the "Railroad Representatives"): MTM: PM: C. Contractor, at its own expense, shall adequately police and supervise all Work to be performed by Contractor and shall ensure that such Work is performed in a safe manner as set forth in Section 7 of Exhibit B. The responsibility of Contractor for safe conduct and adequate policing and supervision of Contractor's Work shall not be lessened or otherwise affected by Railroad's approval of plans and specifications involving the Work, or by Railroad's collaboration in performance of any Work, or by the presence at the Work site of a Railroad Representative, or by compliance by Contractor with any requests or recommendations made by Railroad Representative. ARTICLE 5 - SCHEDULE OF WORK ON A MONTHLY BASIS. The Contractor, at its expense, shall provide on a monthly basis a detailed schedule of Work to the Railroad Representative named in Article 4B above. The reports shall start at the execution of this agreement and continue until this agreement is terminated as provided in this agreement or until the Contractor has completed all Work on Railroad's property. ARTICLE 6 -TERM: TERMINATION. A. The grant of right herein made to Contractor shall commence on the date of this agreement, and continue until , unless sooner terminated as herein provided, or at such time as Contractor has completed its Work on Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its Work on Railroad's property. B. This agreement may be terminated by either party on ten (10) days written notice to the other party ARTICLE 7 - CERTIFICATE OF INSURANCE. A. Before commencing any Work and throughout the entire term of this Agreement, Contractor, at its expense, shall procure and maintain in full force and effect the types and minimum limits of insurance specified in Exhibit C of this agreement and require each of its subcontractors to include the insurance endorsements as required under Section 12 of Exhibit B of this agreement. B. Not more frequently than once every two (2) years, Railroad may reasonably modify the required insurance coverage to reflect then -current risk management practices in the railroad industry and underwriting practices in the insurance industry. C. Upon request of Railroad, Contractor shall provide to Railroad a certificate issued by its insurance carrier evidencing the insurance coverage required under Exhibit B. D. Contractor understands and accepts that the terms of this Article are wholly separate from and independent of the terms of any indemnity provisions contained in this Agreement. 2 EXHIBIT 2 Contractor's Right of Entry Public Projects Form Approved 02/09/2022 E. Upon request of Railroad, insurance correspondence, binders, policies, certificates and endorsements shall be sent to: Union Pacific Railroad Company [Insert mailing address] Attn: Project No. 0685975 ARTICLE 8 - PRECONSTRUCTION MEETING. If the Work to be performed by the Contractor will involve the Railroad providing any flagging protection (or if a CIC is approved to provide flagging protection pursuant to the terms set forth herein) and/or there is separate work to be performed by the Railroad, the Contractor confirms that no work shall commence until the Railroad and Contractor participate in a preconstruction meeting involving flagging procedures and coordination of work activities of the Contractor and the Railroad (and any CIC, as applicable.) Union Pacific's Third Party Flagging Policy at the link provided here: www.up.com/flagging ARTICLE 9. DISMISSAL OF CONTRACTOR'S EMPLOYEE. At the request of Railroad, Contractor shall remove from Railroad's property any employee of Contractor who fails to conform to the instructions of the Railroad Representative in connection with the Work on Railroad's property, and any right of Contractor shall be suspended until such removal has occurred. Contractor shall indemnify Railroad against any claims arising from the removal of any such employee from Railroad's property. ARTICLE 10. ADMINISTRATIVE FEE. Upon the execution and delivery of this agreement, Contractor shall pay to Railroad One Thousand Twenty Five Dollars ($1,025.00) as reimbursement for clerical, administrative and handling expenses in connection with the processing of this agreement. ARTICLE 11. CROSSINGS: COMPLIANCE WITH MUTCD AND FRA GUIDELINES. A. No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Railroad's trackage shall be installed or used by Contractor without the prior written permission of Railroad. B. Any permanent or temporary changes, including temporary traffic control, to crossings must conform to the Manual of Uniform Traffic Control Devices (MUTCD) and any applicable Federal Railroad Administration rules, regulations and guidelines, and must be reviewed by the Railroad prior to any changes being implemented. In the event the Railroad is found to be out of compliance with federal safety regulations due to the Contractor's modifications, negligence, or any other reason arising from the Contractor's presence on the Railroad's property, the Contractor agrees to assume liability for any civil penalties imposed upon the Railroad for such noncompliance. ARTICLE 12.- EXPLOSIVES. Explosives or other highly flammable substances shall not be stored or used on Railroad's property without the prior written approval of Railroad. EXHIBIT 2 Contractor's Right of Entry Public Projects Form Approved 02/09/2022 IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in duplicate as of the date first herein written. UNION PACIFIC RAILROAD COMPANY IN Title: (Name of Contractor) In Name: Title: Phone: E-Mail: 59 EXHIBIT 2 EXHIBIT A TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Exhibit A will be a print showing the general location of the work site. � o m aEX SIGN 1@7 m . m m •m ® ��I m Igoe ! 11■II 11■Ild �, •� I'dll■Illillif,'i1�91■��I��,, ,� ICI I11 ® m I11 I11. ®�! I!I!i!1!I!I!1!I!I!Iii�ri���I■It �I■I� L�`":-�'ii1i1i1i1ii�!�a4i1ipi01ii��6�® ■�� �■isisi:i:i:F:i:i:i:�.�:,��:'�:I�I�i OI�I��' ��: �����I�I�I�I���I�I,I��u��®�■ --- --o= - I 11, MUM mail 111111 --- a_r��a �/I■�������i■I! � Mils © m m o 8,1REFERENCES WARNER AVE AT GRADE CROSSING �► __ BENCHORK NO.: ELEV. WARNER AVE PHASE 2A 11, �1111111110 IMPROVEMENTS PUBLIC WORKS AGENCY SENSE �= .. CONSTRUCTION COWLETED; PRINCPk CIVIL ENGNEER RCE NO.: 62968 CITY OF SANTA ANA SHEET NO. 18 OF 69 EXHIBIT 2 EXHIBIT B TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Section 1. NOTICE OF COMMENCEMENT OF WORK - RAILROAD FLAGGING - PRIVATE FLAGGIN A. Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance of Contractor commencing its Work and at least thirty (30) working days in advance of proposed performance of any Work by Contractor in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. B. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad approved flagman is provided to watch for trains. Upon receipt of such thirty (30)-day notice, the Railroad Representative will determine and inform Contractor whether a flagman need be present and whether Contractor needs to implement any special protective or safety measures. C. Contractor shall be permitted to hire a private contractor to perform flagging or other special protective or safety measures (such private contractor being commonly known in the railroad industry as a contractor -in -charge ("CIC")) in lieu of Railroad providing such services or in concert with Railroad providing such services, subject to prior written approval by Railroad, which approval shall be in Railroad's sole and absolute discretion. If Railroad agrees to permit Contractor to utilize a CIC pursuant to the preceding sentence, Contractor shall obtain Railroad's prior approval in writing for each of the following items, as determined in all respects in Railroad's sole and absolute discretion: (i) the identity of the third -party performing the role of CIC; (ii) the scope of the services to be performed for the project by the approved CIC; and (iii) any other terms and conditions governing such services to be provided by the CIC. If flagging or other special protective or safety measures are performed by an approved CIC, Contractor shall be solely responsible for (and shall timely pay such CIC for) its services. Railroad reserves the right to rescind any approval pursuant to this Section 1, Subsection C., in whole or in part, at any time, as determined in Railroad's sole and absolute discretion. D. If any flagging or other special protective or safety measures are performed by employees of Railroad and/or any contractor of Railroad, Railroad will bill Contractor for such expenses incurred by Railroad, unless Railroad and a federal, state or local governmental entity have agreed that Railroad is to bill such expenses to the federal, state or local governmental entity. If Railroad will be sending the bills to Contractor, Contractor shall pay such bills within thirty (30) days of Contractor's receipt of billing. E. If any flagging or other special protective or safety measures are performed by Railroad or a CIC, Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in this agreement. F. The provisions set forth in this subsection are only applicable for Flagging Services performed by employees of Railroad: the rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight -hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with labor agreements and schedules in effect at the time the Work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the Work is performed. One and one-half times the current hourly rate is EXHIBIT 2 paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Contractor (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges. If flagging is performed by Railroad, reimbursement to Railroad will be required covering the full eight -hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Contractor may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Contractor must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Contractor will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five-day cessation notice has been given to Railroad. Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and maintain its entire property including the right and power of Railroad to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Railroad without liability to Contractor or to any other party for compensation or damages. B. The foregoing grant is also subject to all outstanding superior rights (whether recorded or unrecorded and including those in favor of licensees and lessees of Railroad's property, and others) and the right of Railroad to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS. A. Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the railroad tracks and property of Railroad, including without limitation, the operations of Railroad's lessees, licensees or others, unless specifically authorized in advance by the Railroad Representative. Nothing shall be done or permitted to be done by Contractor at any time that would in any manner impair the safety of such operations. When not in use, Contractor's machinery and materials shall be kept at least twenty- five (25) feet from the centerline of Railroad's nearest track, and there shall be no vehicular crossings of Railroads tracks except at existing open public crossings. B. Operations of Railroad and work performed by Railroad personnel and delays in the Work to be performed by Contractor caused by such railroad operations and Work are expected by Contractor, and Contractor agrees that Railroad shall have no liability to Contractor, or any other person or entity for any such delays. The Contractor shall coordinate its activities with those of Railroad and third parties so as to avoid interference with railroad operations. The safe operation of Railroad train movements and other activities by Railroad takes precedence over any Work to be performed by Contractor. 2 EXHIBIT 2 Section 4. LIENS. Contractor shall pay in full all persons who perform labor or provide materials for the Work to be performed by Contractor. Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or enforced against any property of Railroad for any such Work performed. Contractor shall indemnify and hold harmless Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such Work done, labor performed, or materials furnished. If Contractor fails to promptly cause any lien to be released of record, Railroad may, at its election, discharge the lien or claim of lien at Contractor's expense. Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. A. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Contractor shall visit www.up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried anywhere on Railroad's property to be used by Contractor. If it is, Contractor will telephone the telecommunications company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or other protection of the fiber optic cable. Contractor shall not commence any Work until all such protection or relocation (if applicable) has been accomplished. B. IN ADDITION TO OTHER INDEMNITY PROVISIONS IN THIS AGREEMENT, CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD RAILROAD HARMLESS FROM AND AGAINST ALL COSTS, LIABILITY AND EXPENSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, COURT COSTS AND EXPENSES) ARISING OUT OF ANY ACT OR OMISSION OF CONTRACTOR, ITS AGENTS AND/OR EMPLOYEES, THAT CAUSES OR CONTRIBUTES TO (1) ANY DAMAGE TO OR DESTRUCTION OF ANY TELECOMMUNICATIONS SYSTEM ON RAILROAD'S PROPERTY, AND/OR (2) ANY INJURY TO OR DEATH OF ANY PERSON EMPLOYED BY OR ON BEHALF OF ANY TELECOMMUNICATIONS COMPANY, AND/OR ITS CONTRACTOR, AGENTS AND/OR EMPLOYEES, ON RAILROAD'S PROPERTY. CONTRACTOR SHALL NOT HAVE OR SEEK RECOURSE AGAINST RAILROAD FOR ANY CLAIM OR CAUSE OF ACTION FOR ALLEGED LOSS OF PROFITS OR REVENUE OR LOSS OF SERVICE OR OTHER CONSEQUENTIAL DAMAGE TO A TELECOMMUNICATION COMPANY USING RAILROAD'S PROPERTY OR A CUSTOMER OR USER OF SERVICES OF THE FIBER OPTIC CABLE ON RAILROAD'S PROPERTY. Section 6. PERMITS - COMPLIANCE WITH LAWS. In the prosecution of the Work covered by this agreement, Contractor shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the Work including, without limitation, all applicable Federal Railroad Administration regulations. Section 7. SAFETY. A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of any Work on Railroad property performed by Contractor. Contractor shall be responsible for initiating, maintaining and supervising all safety, operations and programs in connection with the Work. Contractor shall, at a minimum, comply with Railroad's then current safety standards located at the below web address ("Railroad's Safety Standards") to ensure uniformity with the safety standards followed by Railroad's own forces. As a part of Contractor's safety responsibilities, Contractor shall notify Railroad if Contractor EXHIBIT 2 determines that any of Railroad's Safety Standards are contrary to good safety practices. Contractor shall furnish copies of Railroad's Safety Standards to each of its employees before they enter Railroad property. http://www.up.com/cs/groups/public/(a)_uprr/(a)_suppliers/documents/up pdf nativedocs/pdf up supplier safety reg.pdf B. All personnel employed by the Agency, Contractor and all subcontractors must complete the Railroad's course "Property Access Training" and be registered prior to working on Railroad property. This training is available at www.up.com/up-pat. This training is required to be completed annually. C. 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. D. Contractor shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to any person injured on the job site. Contractor shall promptly notify Railroad of any U.S. Occupational Safety and Health Administration reportable injuries. Contractor shall have a nondelegable duty to control its employees while they are on the job site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any Work. E. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the Work (the "Safety Plan"). Railroad shall have the right, but not the obligation, to require Contractor to correct any deficiencies in the Safety Plan. The terms of this agreement shall control if there are any inconsistencies between this agreement and the Safety Plan. Section 8. INDEMNITY. A. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS RAILROAD, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, AGENTS AND EMPLOYEES (INDIVIDUALLY AN "INDEMNIFIED PARTY" OR COLLECTIVELY "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, INJURY, LIABILITY, CLAIM, DEMAND, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, 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 (1) ANY WORK PERFORMED BY CONTRACTOR, OR (11) ANY ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS OR EMPLOYEES, OR (III) ANY BREACH OF THIS AGREEMENT BY CONTRACTOR. B. THE RIGHT TO INDEMNITY UNDER THIS SECTION 8 SHALL ACCRUE UPON OCCURRENCE OF THE EVENT GIVING RISE TO THE LOSS, AND SHALL APPLY REGARDLESS OF ANY NEGLIGENCE OR STRICT LIABILITY OF ANY INDEMNIFIED PARTY, EXCEPT WHERE THE LOSS IS CAUSED BY THE SOLE ACTIVE NEGLIGENCE OF AN INDEMNIFIED PARTY AS ESTABLISHED BY THE FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION. THE SOLE ACTIVE NEGLIGENCE OF ANY INDEMNIFIED PARTY SHALL NOT BAR THE RECOVERY OF ANY OTHER INDEMNIFIED PARTY. C. CONTRACTOR EXPRESSLY AND SPECIFICALLY ASSUMES POTENTIAL LIABILITY UNDER THIS SECTION 8 FOR CLAIMS OR ACTIONS BROUGHT BY CONTRACTOR'S OWN EMPLOYEES. CONTRACTOR WAIVES ANY IMMUNITY IT MAY HAVE UNDER WORKER'S COMPENSATION OR INDUSTRIAL INSURANCE ACTS TO INDEMNIFY THE INDEMNIFIED PARTIES UNDER THIS SECTION 8. M EXHIBIT 2 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 ANY INDEMNIFIED PARTY. E. THE PROVISIONS OF THIS SECTION 8 SHALL SURVIVE THE COMPLETION OF ANY WORK PERFORMED BY CONTRACTOR OR THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. IN NO EVENT SHALL THIS SECTION 8 OR ANY OTHER PROVISION OF THIS AGREEMENT BE DEEMED TO LIMIT ANY LIABILITY CONTRACTOR MAY HAVE TO ANY INDEMNIFIED PARTY BY STATUTE OR UNDER COMMON LAW. Section 9. RESTORATION OF PROPERTY. In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner move or disturb any of the other property of Railroad in connection with the Work to be performed by Contractor, then in that event Contractor shall, as soon as possible and at Contractor's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed. Contractor shall remove all of Contractor's tools, equipment, rubbish and other materials from Railroad's property promptly upon completion of the Work, restoring Railroad's property to the same state and condition as when Contractor entered thereon. Section 10. WAIVER OF DEFAULT. Waiver by Railroad of any breach or default of any condition, covenant or agreement herein contained to be kept, observed and performed by Contractor shall in no way impair the right of Railroad to avail itself of any remedy for any subsequent breach or default. Section 11. MODIFICATION -ENTIRE AGREEMENT. No modification of this agreement shall be effective unless made in writing and signed by Contractor and Railroad. This agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding between Contractor and Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the Work to be performed by Contractor. Section 12. ASSIGNMENT - SUBCONTRACTING. Contractor shall not assign or subcontract this agreement, or any interest therein, without the written consent of the Railroad. Contractor shall be responsible for the acts and omissions of all subcontractors. Before Contractor commences any Work, the Contractor shall, except to the extent prohibited by law; (1) require each of its subcontractors to include the Contractor as "Additional Insured" on the subcontractor's Commercial General Liability policy and Umbrella or Excess policies (if applicable) with respect to all liabilities arising out of the subcontractor's performance of Work on behalf of the Contractor by endorsing these policies with ISO Additional Insured Endorsements CG 20 10, and CG 20 37 (or substitute forms providing equivalent coverage; (2) require each of its subcontractors to endorse their Commercial General Liability Policy with "Contractual Liability Railroads" ISO Form CG 24 17 10 01 (or a substitute form providing equivalent coverage) for the job site; and (3) require each of its subcontractors to endorse their Business Automobile Policy with "Coverage For Certain Operations In Connection With Railroads" ISO Form CA 20 70 10 01 (or a substitute form providing equivalent coverage) for the job site. EXHIBIT 2 EXHIBIT C TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Union Pacific Railroad Company Insurance Requirements For Contractor's Right of Entry Agreement During the entire term of this Agreement and course of the Project, and until all Project Work on Railroad's property has been completed and all equipment and materials have been removed from Railroad's property and Railroad's property has been clean and restored to Railroad's satisfaction, Contractor shall, at its sole cost and expense, procure and maintain the following insurance coverage: A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of not less than $5,000,000 each occurrence and an aggregate limit of not less than $10,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage). The policy must also contain the following endorsement, which must be stated on the certificate of insurance: • Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site. • Designated Construction Project(s) General Aggregate Limit ISO Form CG 25 03 03 97 (or a substitute form providing equivalent coverage) showing the project on the form schedule. B. Business Automobile Coveraae insurance. Business auto coverage written on ISO form CA 00 01 1 C 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $5,000,000 for each accident and coverage must include liability arising out of any auto (including owned, hired and non -owned autos). The policy must contain the following endorsements, which must be stated on the certificate of insurance: • Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Property" as the Designated Job Site. • Motor Carrier Act Endorsement - Hazardous materials clean up (MCS-90) if required by law. C. Workers' Compensation and Employers' Liability insurance. Coverage must include but not be limited to: Contractor's statutory liability under the workers' compensation laws of the state where the Work is being performed. Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee. If Contractor is self -insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. D. Railroad Protective Liability insurance. Contractor must maintain "Railroad Protective Liability" (RPL) insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurrence EXHIBIT 2 and an aggregate of $6,000,000. The definition of "JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this agreement and shall describe all WORK or OPERATIONS performed under this agreement. Contractor shall provide this agreement to Contractor's insurance agent(s)and/or broker(s) and Contractor shall instruct such agent(s) and/or broker(s) to procure the insurance coverage required by this agreement. A BINDER STATING THE POLICY IS IN PLACE MUST BE SUBMITTED TO RAILROAD BEFORE THE WORK MAY COMMENCE AND UNTIL THE ORIGINAL POLICY IS FORWARDED TO UNION PACIFIC RAILROAD. E. Umbrella or Excess insurance. If Contractor utilizes umbrella or excess policies, these policies must "follow form" and afford no less coverage than the primary policy. F. Pollution Liability insurance. Pollution liability coverage must be included when the scope of the Work as defined in the agreement includes installation, temporary storage, or disposal of any "hazardous" material that is injurious in or upon land, the atmosphere, or any watercourses; or may cause bodily injury at any time. If required, coverage may be provided in separate policy form or by endorsement to Contractors CGLor RPL. Any form coverage must be equivalent to that provided in ISO form CG 24 15 "Limited Pollution Liability Extension Endorsement" or CG 28 31 "Pollution Exclusion Amendment" with limits of at least $5,000,000 per occurrence and an aggregate limit of $10,000,000. If the scope of Work as defined in this agreement includes the disposal of any hazardous or non- hazardous materials from the job site, Contractor must furnish to Railroad evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of $1,000,000 per loss, and an annual aggregate of $2,000,000. Other Reauirements G. All policy(ies) required above (except business automobile, worker's compensation and employers liability) must include Railroad as "Additional Insured" using ISO Additional Insured Endorsements CG 20 10, and CG 20 37 (or substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall not be limited by Contractor's liability under the indemnity provisions of this agreement. BOTH CONTRACTOR AND RAILROAD EXPECT THAT UNION PACIFIC RAILROAD COMPANY WILL BE PROVIDED WITH THE BROADEST POSSIBLE COVERAGE AVAILABLE BY OPERATION OF LAW UNDER ISO ADDITIONAL INSURED FORMS CG 20 10 AND CG 20 37. H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this agreement, or (b) all punitive damages are prohibited by all states in which this agreement will be performed. I. Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees for damages covered by the workers compensation and employers liability or commercial umbrella or excess liability obtained by Contractor required in this agreement where prohibited by law. This waiver must be stated on the certificate of insurance. J. Prior to commencing the Work, Contractor shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this agreement. 2 EXHIBIT 2 K. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state where the Work is being performed. L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this agreement. Damages recoverable by Railroad from Contractor or any third party will not be limited by the amount of the required insurance coverage. 3 EXHIBIT 2 Public Highway At -Grade Crossing 03/01/13 Standard Form Approved, AVP-Law EXHIBIT E TO PUBLIC HIGHWAY AT -GRADE CROSSING AGREEMENT Exhibit E (if applicable) will be the annual signal maintenance fee AREMA UNIT STATEMENT OF RAILROAD HIGHWAY GRADE CROSSING SIGNALS EXHIBIT 2 ESTIMATED MAINTENANCE COSTS BUILDING AMERICW FOR PID # 120087 BY THE UNION PACIFIC RAILROAD STREET WARNER AVENUE TOWN SANTA ANA, CA MILEPOST 519.1 SUBDIVISION SANTA ANA IND LD AAR/DOT NO. 761 248L WORK ORDER# 61979 DESCRIPTION VALUE QUANTITY UNITS NON -CODED TRK. CIRCUIT 2 0 0 (Standalone AFTAC or Ring 10) SUPERIMPOSED CIRCUIT(AFTAC) / 2 0 0 DETECTION LOOP HIGHWAY GRADE CROSSING SIGNAL 2 6 12 (FRONT LIGHTS) ADDITIONAL PAIR OF LIGHTS 1 6 6 (OTHER THAN FRONT LIGHTS) GATE MECHANISM, AUTOMATIC 8 2 16 WITH ARM UP TO 26 FT GATE MECHANISM, AUTOMATIC 10 2 20 WITH ARM OVER 26 FT GCP/HXP (constant warning device, per track circuit) 15 1 15 EXIT GATE MANAGEMENT SYSTEM RACK* 10 0 0 MOVEMENT DETECTOR (PMD) 6 0 0 MOVEMENT DETECTOR (STANDBY UNIT) 3 0 0 RADIO DATA LINK, PER UNIT 1 0 0 PREEMPTION CIRCUIT 2 0 0 DATA RECORDER 1 0 0 REMOTE MONITORING DEVICE (SEAR, ETC)* 2 1 2 BONDED RAIL JOINTS (per mile, each rail, single bonded) 1 1 1 BATTERY AND CHARGER (per set) 1 2 2 TOTAL UNIT COUNT 74 PAVEMENT RESTORATION COSTS (Actual) Annual Maintenance Cost at $170/Unit $12,580 *UP supplied Unit Value ############## EXHIBIT 3 Project Location mmm Exhibit 1 SANTA ANA P W A Railroad Crossing Improvements to McFadden Ave. PUBLIC WORKS AGENCY 103:11:311111111115"! UP Real Estate Project No.: 0459563 PUBLIC HIGHWAY AT -GRADE CROSSING AGREEMENT McFadden Avenue DOT 761245R MP 518.00 — Santa Ana Industrial Lead Santa Ana, Orange County, California THIS AGREEMENT ("Agreement") is made and entered into as of the day of , 20 ("Effective Date"), by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, to be addressed at Real Estate Department, 1400 Douglas Street, Mail Stop 1690, Omaha, Nebraska 68179 ("Railroad") and CITY OF SANTA ANA, a municipal corporation or political subdivision of the State of California to be addressed at 20 Civic Center Plaza, Santa Ana, California 92701 ("Political Body"). RECITALS: By instrument dated January 6, 1958, the Southern Pacific Company and the Political Body entered into an agreement (the "Original Agreement") covering the construction, use, maintenance and repair of an at grade public road crossing over McFadden Avenue, DOT Number 761245R at Railroad's Milepost 518.00 on Railroad's Santa Ana Industrial Lead at or near Santa Ana, Orange County, California. The Railroad named herein is successor in interest to the Southern Pacific Company. The Political Body now desires to undertake as its project (the "Project") the reconstruction and widening of the road crossing that was constructed under the Original Agreement to accommodate the installation of medians and replacement of the warning devices. The road crossing, as reconstructed and widened is hereinafter the "Roadway" and the portion of the Railroad's property where the Roadway crosses the Railroad's property is the "Crossing Area." The right of way granted by the Southern Pacific Company to the Political Body under the terms of the Original Agreement or a separate document is not sufficient to allow for the reconstruction and widening of the Roadway. Therefore, under this Agreement, the Railroad will be granting additional rights to the Political Body to facilitate the reconstruction and widening of the Roadway. The portion of Railroad's property that Political Body needs to use in connection with the Roadway (including the right of way area covered under the Original Agreement or in a separate document) is shown on the print marked Exhibit A and the Political Body's type, size and location prints of the Project 103:11211111115"! marked Exhibit A-1, with each exhibit being attached hereto and hereby made a part hereof (the "Crossing Area"). above. The Railroad and the Political Body are entering into this Agreement to cover the AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: Section 1. EXHIBIT B The general terms and conditions marked Exhibit B, are attached hereto and hereby made a part hereof. Section 2. RAILROAD GRANTS RIGHT For and in consideration of the sum of THIRTY THREE THOUSAND THREE HUNDRED FIFTY DOLLARS ($33,350.00) to be paid by the Political Body to the Railroad upon the execution and delivery of this Agreement and in further consideration of the Political Body's agreement to perform and comply with the terms of this Agreement, the Railroad hereby grants to the Political Body the right to construct, maintain and repair the Roadway over and across the Crossing Area. Section 3. DEFINITION OF CONTRACTOR For purposes of this Agreement the term "Contractor" shall mean the contractor or contractors hired by the Political Body to perform any Project work on any portion of the Railroad's property and shall also include the Contractor's subcontractors and the Contractor's and subcontractor's respective employees, officers and agents, and others acting under its or their authority. Section 4. CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCE A. Prior to Contractor performing any work within the Crossing Area and any subsequent maintenance and repair work, the Political Body shall require the Contractor to: • execute the Railroad's then current Contractor's Right of Entry Agreement • obtain the then current insurance required in the Contractor's Right of Entry Agreement; and • provide such insurance policies, certificates, binders and/or endorsements to the Railroad. E 103:11:3imEll! B. The Railroad's current Contractor's Right of Entry Agreement is marked Exhibit D, attached hereto and hereby made a part hereof. The Political Body confirms that it will inform its Contractor that it is required to execute such form of agreement and obtain the required insurance before commencing any work on any Railroad property. Under no circumstances will the Contractor be allowed on the Railroad's property without first executing the Railroad's Contractor's Right of Entry Agreement and obtaining the insurance set forth therein and also providing to the Railroad the insurance policies, binders, certificates and/or endorsements described therein. C. All insurance correspondence, binders, policies, certificates and/or endorsements shall be sent to: Manager - Contracts Union Pacific Railroad Company Real Estate Department 1400 Douglas Street, Mail Stop 1690 Omaha, NE 68179-1690 UP Project No. 0459563 D. If the Political Body's own employees will be performing any of the Project work, the Political Body may self -insure all or a portion of the insurance coverage subject to the Railroad's prior review and approval. Section 5. FEDERAL AID POLICY GUIDE If the Political Body will be receiving any federal funding for the Project, the current rules, regulations and provisions of the Federal Aid Policy Guide as contained in 23 CFR 140, Subpart I and 23 CFR 646, Subparts A and B are incorporated into this Agreement by reference. Section 6. NO PROJECT EXPENSES TO BE BORNE BY RAILROAD The Political Body agrees that no Project costs and expenses are to be borne by the Railroad. In addition, the Railroad is not required to contribute any funding for the Project. Section 7. WORK TO BE PERFORMED BY RAILROAD; BILLING SENT TO POLITICAL BODY; POLITICAL BODY'S PAYMENT OF BILLS A. The work to be performed by the Railroad, at the Political Body's sole cost and expense, is described in the Railroad's Material and Force Account Estimates dated September 4, 2025, and September 22, 2025, marked Exhibit C, attached hereto and hereby made a part hereof (the "Estimates"). As set forth in the Estimates, the Railroad's estimated cost for the Railroad's work associated with the Project is Seven Hundred Seventy -Six Thousand Eight Hundred Fifty -Eight Dollars ($776,858.00). 10: MMININIE"! B. The Railroad, if it so elects, may recalculate and update the Estimates submitted to the Political Body in the event the Political Body does not commence construction on the portion of the Project located on the Railroad's property within six (6) months from the date of the Estimates. C. The Political Body acknowledges that the Estimates may not include any estimate of flagging or other protective service costs that are to be paid by the Political Body or the Contractor in connection with flagging or other protective services provided by the Railroad in connection with the Project. All of such costs incurred by the Railroad are to be paid by the Political Body or the Contractor as determined by the Railroad and the Political Body. If it is determined that the Railroad will be billing the Contractor directly for such costs, the Political Body agrees that it will pay the Railroad for any flagging costs that have not been paid by any Contractor within thirty (30) days of the Contractor's receipt of billing. D. The Railroad shall send progressive billing to the Political Body during the Project and final billing to the Political Body within three hundred sixty-five (365) days after receiving written notice from the Political Body that all Project work affecting the Railroad's property has been completed and the Project Manager has closed the Project work order and notified the Political Body. E. The Political Body agrees to reimburse the Railroad within thirty (30) days of its receipt of billing from the Railroad for one hundred percent (100%) of all actual costs incurred by the Railroad in connection with the Project including, but not limited to, all actual costs of engineering review (including preliminary engineering review costs incurred by Railroad prior to the Effective Date of this Agreement), construction, inspection, flagging (unless flagging costs are to be billed directly to the Contractor), procurement of materials, equipment rental, manpower and deliveries to the job site and all direct and indirect overhead labor/construction costs including Railroad's standard additive rates. Section 8. PLANS A. The Political Body, at its expense, shall prepare, or cause to be prepared by others, the detailed plans and specifications for the Project and the Structure and submit such plans and specifications to the Railroad's Assistant Vice President Engineering -Design, or his authorized representative, for prior review and approval. The plans and specifications shall include all Roadway layout specifications, cross sections and elevations, associated drainage, and other appurtenances. B. The final one hundred percent (100%) completed plans that are approved in writing by the Railroad's Assistant Vice President Engineering -Design, or his authorized representative, are hereinafter referred to as the "Plans". The Plans are hereby made a part of this Agreement by reference. 4 100MMIM3NIIIIIIIIII! C. No changes in the Plans shall be made unless the Railroad has consented to such changes in writing. D. The Railroad's review and approval of the Plans will in no way relieve the Political Body or the Contractor from their responsibilities, obligations and/or liabilities under this Agreement, and will be given with the understanding that the Railroad makes no representations or warranty as to the validity, accuracy, legal compliance or completeness of the Plans and that any reliance by the Political Body or Contractor on the Plans is at the risk of the Political Body and Contractor. Section 9. NON -RAILROAD IMPROVEMENTS A. Submittal of plans and specifications for protecting, encasing, reinforcing, relocation, replacing, removing and abandoning in place all non -railroad owned facilities (the "Non Railroad Facilities") affected by the Project including, without limitation, utilities, fiber optics, pipelines, wirelines, communication lines and fences is required under Section 8. The Non Railroad Facilities plans and specifications shall comply with Railroad's standard specifications and requirements, including, without limitation, American Railway Engineering and Maintenance -of -Way Association ("AREMA") standards and guidelines. Railroad has no obligation to supply additional land for any Non Railroad Facilities and does not waive its right to assert preemption defenses, challenge the right -to -take, or pursue compensation in any condemnation action, regardless if the submitted Non Railroad Facilities plans and specifications comply with Railroad's standard specifications and requirements. Railroad has no obligation to permit any Non Railroad Facilities to be abandoned in place or relocated on Railroad's property. B. Upon Railroad's approval of submitted Non Railroad Facilities plans and specifications, Railroad will attempt to incorporate them into new agreements or supplements of existing agreements with Non Railroad Facilities owners or operators. Railroad may use its standard terms and conditions, including, without limitation, its standard license fee and administrative charges when requiring supplements or new agreements for Non Railroad Facilities. Non Railroad Facilities work shall not commence before a supplement or new agreement has been fully executed by Railroad and the Non Railroad Facilities owner or operator, or before Railroad and Political Body mutually agree in writing to (i) deem the approved Non Railroad Facilities plans and specifications to be Plans pursuant to Section 8B, (ii) deem the Non Railroad Facilities part of the Structure, and (iii) supplement this Agreement with terms and conditions covering the Non Railroad Facilities. Section 10. EFFECTIVE DATE; TERM; TERMINATION A. This Agreement is effective as of the Effective Date first herein written and shall continue in full force and effect for as long as the Roadway remains on the Railroad's property. 5 103:11:3111111111115"! B. The Railroad, if it so elects, may terminate this Agreement effective upon delivery of written notice to the Political Body in the event the Political Body does not commence construction on the portion of the Project located on the Railroad's property within twelve (12) months from the Effective Date. C. If the Agreement is terminated as provided above, or for any other reason, the Political Body shall pay to the Railroad all actual costs incurred by the Railroad in connection with the Project up to the date of termination, including, without limitation, all actual costs incurred by the Railroad in connection with reviewing any preliminary or final Project Plans. Section 11. CONDITIONS TO BE MET BEFORE POLITICAL BODY CAN COMMENCE WORK Neither the Political Body nor the Contractor may commence any work within the Crossing Area or on any other Railroad property until: (i) The Railroad and Political Body have executed this Agreement. (ii) The Railroad has provided to the Political Body the Railroad's written approval of the Plans. (iii) Each Contractor has executed Railroad's Contractor's Right of Entry Agreement and has obtained and/or provided to the Railroad the insurance policies, certificates, binders, and/or endorsements required under the Contractor's Right of Entry Agreement. (iv) Each Contractor has given the advance notice(s) required under the Contractor's Right of Entry Agreement to the Railroad Representative named in the Contactor's Right of Entry Agreement. Section 12. FUTURE PROJECTS Future projects involving substantial maintenance, repair, reconstruction, renewal and/or demolition of the Roadway shall not commence until Railroad and Political Body agree on the plans for such future projects, cost allocations, right of entry terms and conditions and temporary construction rights, terms and conditions. Section 13. ASSIGNMENT; SUCCESSORS AND ASSIGNS A. Political Body shall not assign this Agreement without the prior written consent of Railroad. B. Subject to the provisions of Paragraph A above, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Railroad and Political Body. IV 103:11:31111111115"! Section 14. SPECIAL PROVISIONS PERTAINING TO AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 If the Political Body will be receiving American Recovery and Reinvestment Act ("ARRA") funding for the Project, the Political Body agrees that it is responsible in performing and completing all ARRA reporting documents for the Project. The Political Body confirms and acknowledges that Section 1512 of the ARRA provisions applies only to a "recipient" receiving ARRA funding directing from the federal government and, therefore, (i) the ARRA reporting requirements are the responsibility of the Political Body and not of the Railroad, and (ii) the Political Body shall not delegate any ARRA reporting responsibilities to the Railroad. The Political Body also confirms and acknowledges that (i) the Railroad shall provide to the Political Body the Railroad's standard and customary billing for expenses incurred by the Railroad for the Project including the Railroad's standard and customary documentation to support such billing, and (ii) such standard and customary billing and documentation from the Railroad provides the information needed by the Political Body to perform and complete the ARRA reporting documents. The Railroad confirms that the Political Body and the Federal Highway Administration shall have the right to audit the Railroad's billing and documentation for the Project as provided in Section 11 of Exhibit B of this Agreement. Section 15. TERMINATION OF ORIGINAL AGREEMENT Upon the completion of the Roadway, the Original Agreement shall terminate and the terms and conditions of this Agreement shall govern the use, maintenance and repair of the Roadway. Section 16. SIGNAL MAINTENANCE FEE A. Railroad shall maintain crossing signals as long as they remain in place. Cost of maintaining said signals shall be apportioned between the parties hereto in accordance with Sections 1202.2 and 1231.1 of the California Public Utilities Code. The precise manner and method of determining applicable charges, manner and method of payment and other procedures under said sections shall be governed by any applicable decisions of the California Public Utilities Commission. B. The Political Body, at its expense, shall maintain and repair all portions of the Roadway approaches that are not within the area between lines two (2) feet outside of the rails of each track. Section 17. ANNUAL SURFACE MAINTENANCE A. The Railroad shall maintain the crossing surface between the track tie ends at Political Body's expense. Effective as of three years from effective date of this Agreement, Political Body agrees to pay to Railroad the sum of Three Thousand Three Hundred Thirty -Two Dollars ($3,332.00) per annum, payable annually in advance, as payment for Railroad's maintenance of the surface between track tie ends located within 7 10: MMINIIIIIIE"! the Crossing Area. See Exhibit C. The Political Body, at its expense, shall maintain and repair all portions of the Roadway approaches that are not within the area between lines two (2) feet outside of the rails of each track. See lower left hand corner of Exhibit C. B. The above annual surface maintenance fee may also be re -determined by the Railroad at any time subsequent to the expiration of five (5) years following the date on which the annual surface maintenance fee was last determined or established. Any such changes in the annual surface maintenance fee may be made by means of automatic adjustment in billing. F 10: MMININIE"! IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the Effective Date first herein written. UNION PACIFIC RAILROAD COMPANY (Federal Tax ID #94-6001323) By: Printed Title: Name: [City of Santa Ana signatures on following page] 103mmil-Q E"! City of Santa Ana Signature Page - Public Highway At -Grade Crossing Agreement ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: � �Z VA-, e� e Nellesen Assistant City Attorney CITY OF SANTA ANA ALVARO NUNEZ City Manager RECOMMENDED FOR APPROVAL: Digitally signed by Rodolfo Rosas RodolRodolfo Rosas D ail=rr sassodolfo nta-a fo Rosas .7 email=rrosas@santa-ana.org,c=US Date: 2026.04.06 14:28:19-07'00' Rodolfo Rosas, P.E. Acting Executive Director Public Works Agency 103:11:311111115"! EXHIBIT A TO PUBLIC HIGHWAY AT -GRADE CROSSING AGREEMENT Exhibit A will be a print showing the Crossing Area (see Recitals) --------------- ------------- - ---- ---- UKDD ff��T COICRETE MP NEWEWTS paO 7RUKLrEX3 DOWE5 ACGREZATE NATEMAL HIMAPE PRDPOSED AIDDTrrK)4AL Fommim FODURIlfri U3 SF ■ Crossing Area -------- --- jLA-------- -------------- & - - - - - - - - - - - - - - - ------------ ----------------- - --------- ................ S N ------------- .......... ------------------------- ----------------- ----- .... --- --- . . ......... ----------------------- ...... ------- --------------- ---------------- ---------------- ----------- ........ -■ - - - - - - - - - - - - - — - - - - - - - p ■ 1 1 1 '*tl. -ZA -{4 1.4 1:•4 -1 If Ow LEI 1 0. 13. hTE uPRA CROSENE FOOTPf;I4T M-11 KE LANE ANO BICYCLE POILEVARD HARMR ULVO TO QRAKK) AVE PUBLIC WORKS AGENCY I I ICWtTftCTDM WKEM. CITY OF SAW4 ANA 1�:1:11:3i1�! EXHIBIT A-1 TO PUBLIC HIGHWAY AT -GRADE CROSSING AGREEMENT Exhibit A-1 will be the Political Body's type, size and location prints of the Project (see Recitals) A-2-6 CURB AND CUTTER PER C.S.O. Sip. PLAN xp. Ot tBPM`'it10N 0" FACE 11YE.- AND GU CURB AND GUTTER TRANSITION DETAIL f1 NTS 11.63 L 9i.91' BOW A 1 A. L GENERAL NOTES: I. CONTRACTOR SHALL FIELD VERIFY ALL EXISTING AND PROPOSED ELEVATIONS PRIOR TO CONSTRUCTION. 2. EXISTING FACEITIES AND IMPROVEMENTS ARE TO BE PROTECTED N PLACE UNLESS SHOWN OTHERWSE. 3. EXISTING TREES SHALL BE PROTECTED N PLACE UNLESS SHOWN OTHERWISE. 4• THE CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING ALL UTILITY WORK WITH THE UTILITY COMPARES. 5, FOR ALL TRAFFIC SIGNAL AND INTERCONNECT WORK SEE TRAFFIC SIGNAL PLANS. LEGENDS: '- - -- - - SAWCUT/JGN OpOp O TRUNCATED DOMES CONCRETE IMPROVEMENTS XAROSCAPE ASPHALT IMPROVEMENTS AGGREGATE MATERIAL 71il I•SIT KY g� Mall m � I- FL A i ■ 1111"8N811111Fi11Fi11Fi11Fi11�hIFi11h1%� 217ROD TA: 1 t TA: 1 .17 A •' - OFF: 26.08' RT .Q' 'L 97.99' TC 96.16' FL 1 98.85' i[ 91.90' iL � 9T.5r' FL 91.19' FL i 98.96' iC 98.16' T 98.15' FL 98.26' F 9i.96' FL n le Of I --------------9---1i ---—I —*— 1—`—G'C6u�— <-l� �----—— 6_---- ---_ .— 98.11' FSr_ TA + Z TA: i W 98.37' FS 198.46' F9 0 A2OQ2 I �K TA: 9i.86 9ov IjJ TA: tan . + + ' 98.27' BOW 98.16' BOW O •97.i3' BON T 98.410' BOW 98.W1' BON O TA: 1 .i In ® 98.51' FL' C _ d 98.01' FL W Z Z 0 G ,o Underground INGServiceAlert Ia1 W msWubWlR caorolR�a U BLUE 1'-10 TWO WORKING DAYS BEFORE YOU DIG MDOKKEN K . ,bNla� lONO� Call mlol. vao aq. DipPle•�o-a ED NOTICE TO CONTRACTOR E N G I N E E R I N G PURS,ANT TO ASSEMBLY BILL 0116 MD EXCAvniICW PERUIF 11 IS LID UNLESS THE CLNTRACTOR CM ACT, IND OB FI INS 1450 FRAIEE ROAD SUITE 100, SAN DIEGO CA, 858 514-83iT A DIG ALERT TICKET NUMBER. CALL 817 AT LEAST I. N FILE NO.: PREPARED UNDER DATE WCNAING DAYS PRIOR TO CONAENCING EXCAVIFICN. WW��WW REVISIONS REFERENCES RPaMs„� THE SUPERVISION STREET IMPROVEMENT DETAIL DD25 Z A OF: .-� ---. 1I18K23 NUMBER DATE Ix1i1AL5 DESCRIPi IOx APPROVED IxSiILLEO BENCxuARK x0.: 11-337-O6 GLEN,100.92' xavDBB x S xICxIEL GREER NICxAEL P. GRE . PE. TE MCFADDEN AVE PROiECiED BIKE LANE AND BICYCLE BOULEVARD U �� P[iNeo fL OES IGNEO: Ji DRAWN: JS CHECKED; MG W ' REVIEWED FOR HARBOR BLVD TO GRAND AVE 7 ° pC1vILt a CON TRUCTABILEY �'� NCONSTRUCTION: ADRECOMME D 8/23 PUBLIC WORKS AGENCY CONSTRUCTION COMPLETED: JASON GABREL PRINCIPAL CIVIL ENGINEER RCE NO.: 62968 CITY OF SANTA ANA SHEET 51 OF 96 a Public Highway At -Grade Crossing 03/01/13 Standard Form Approved, AVP-Law EXHIBIT 4 EXHIBIT B TO PUBLIC HIGHWAY AT -GRADE CROSSING AGREEMENT SECTION 1. CONDITIONS AND COVENANTS A. The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances. The Political Body shall not use or permit use of the Crossing Area for any purposes other than those described in this Agreement. Without limiting the foregoing, the Political Body shall not use or permit use of the Crossing Area for railroad purposes, or for gas, oil or gasoline pipe lines. Any lines constructed on the Railroad's property by or under authority of the Political Body for the purpose of conveying electric power or communications incidental to the Political Body's use of the property for highway purposes shall be constructed in accordance with specifications and requirements of the Railroad, and in such manner as not adversely to affect communication or signal lines of the Railroad or its licensees now or hereafter located upon said property. No nonparty shall be admitted by the Political Body to use or occupy any part of the Railroad's property without the Railroad's written consent. Nothing herein shall obligate the Railroad to give such consent. B. The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required for its convenience or purposes. In the event the Railroad shall place additional tracks upon the Crossing Area, the Political Body shall, at its sole cost and expense, modify the Roadway to conform with all tracks within the Crossing Area. C. The right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or unrecorded, and also to any renewals thereof. The Political Body shall not damage, destroy or interfere with the property or rights of nonparties in, upon or relating to the Railroad's property, unless the Political Body at its own expense settles with and obtains releases from such nonparties. D. The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent with the right hereby granted, including, but not by way of limitation, the right to construct, reconstruct, maintain, operate, repair, alter, renew and replace tracks, facilities and appurtenances on the property; and the right to cross the Crossing Area with all kinds of equipment. E. So far as it lawfully may do so, the Political Body will assume, bear and pay all taxes and assessments of whatsoever nature or kind (whether general, local or special) levied or assessed upon or against the Crossing Area, excepting taxes levied upon and against the property as a component part of the Railroad's operating property. 103:11:3imEll! F. If any property or rights other than the right hereby granted are necessary for the construction, maintenance and use of the Roadway and its appurtenances, or for the performance of any work in connection with the Project, the Political Body will acquire all such other property and rights at its own expense and without expense to the Railroad. SECTION 2. CONSTRUCTION OF ROADWAY A. The Political Body, at its expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for the Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained. B. Except as may be otherwise specifically provided herein, the Political Body, at its expense, will furnish all necessary labor, material and equipment, and shall construct and complete the Roadway and all appurtenances thereof. The appurtenances shall include, without limitation, all necessary and proper highway warning devices (except those installed by the Railroad within its right of way) and all necessary drainage facilities, guard rails or barriers, and right of way fences between the Roadway and the railroad tracks. Upon completion of the Project, the Political Body shall remove from the Railroad's property all temporary structures and false work, and will leave the Crossing Area in a condition satisfactory to the Railroad. C. All construction work of the Political Body upon the Railroad's property (including, but not limited to, construction of the Roadway and all appurtenances and all related and incidental work) shall be performed and completed in a manner satisfactory to the Assistant Vice President Engineering -Design of the Railroad or his authorized representative and in compliance with the Plans, and other guidelines furnished by the Railroad. D. All construction work of the Political Body shall be performed diligently and completed within a reasonable time. No part of the Project shall be suspended, discontinued or unduly delayed without the Railroad's written consent, and subject to such reasonable conditions as the Railroad may specify. It is understood that the Railroad's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trains, engines or cars may cause delays in the work of the Political Body. The Political Body hereby assumes the risk of any such delays and agrees that no claims for damages on account of any delay shall be made against the Railroad by the State and/or the Contractor. SECTION 3. INJURY AND DAMAGE TO PROPERTY If the Political Body, in the performance of any work contemplated by this Agreement or by the failure to do or perform anything for which the Political Body is responsible under the provisions of this Agreement, shall injure, damage or destroy any property of the Railroad or of any other person lawfully occupying or using the property of the Railroad, such property shall be replaced or repaired by the Political Body at the 2 103:11:3111111111112"! Political Body's own expense, or by the Railroad at the expense of the Political Body, and to the satisfaction of the Railroad's Assistant Vice President Engineering -Design. SECTION 4. RAILROAD MAY USE CONTRACTORS TO PERFORM WORK The Railroad may contract for the performance of any of its work by other than the Railroad forces. The Railroad shall notify the Political Body of the contract price within ninety (90) days after it is awarded. Unless the Railroad's work is to be performed on a fixed price basis, the Political Body shall reimburse the Railroad for the amount of the contract. SECTION 5. MAINTENANCE AND REPAIRS A. The Political Body shall, at its own sole expense, maintain, repair, and renew, or cause to be maintained, repaired and renewed, the entire Crossing Area and Roadway, except the portions between the track tie ends, which shall be maintained by the Railroad at the Political Body's expense. B. If, in the future, the Political Body elects to have the surfacing material between the track tie ends, or between tracks if there is more than one railroad track across the Crossing Area, replaced with paving or some surfacing material other than timber planking, the Railroad, at the Political Body's expense, shall install such replacement surfacing, and in the future, to the extent repair or replacement of the surfacing is necessitated by repair or rehabilitation of the Railroad's tracks through the Crossing Area, the Political Body shall bear the expense of such repairs or replacement. SECTION 6. CHANGES IN GRADE If at any time the Railroad shall elect, or be required by competent authority to, raise or lower the grade of all or any portion of the track(s) located within the Crossing Area, the Political Body shall, at its own expense, conform the Roadway to conform with the change of grade of the trackage. SECTION 7. REARRANGEMENT OF WARNING DEVICES If the change or rearrangement of any warning device installed hereunder is necessitated for public or Railroad convenience or on account of improvements for either the Railroad, highway or both, the parties will apportion the expense incidental thereto between themselves by negotiation, agreement or by the order of a competent authority before the change or rearrangement is undertaken. SECTION 8. SAFETY MEASURES; PROTECTION OF RAILROAD COMPANY OPERATIONS It is understood and recognized that safety and continuity of the Railroad's operations and communications are of the utmost importance; and in order that the 3 10: MMININME"! same may be adequately safeguarded, protected and assured, and in order that accidents may be prevented and avoided, it is agreed with respect to all of said work of the Political Body that the work will be performed in a safe manner and in conformity with the following standards: A. Definitions. All references in this Agreement to the Political Body shall also include the Contractor and their respective officers, agents and employees, and others acting under its or their authority; and all references in this Agreement to work of the Political Body shall include work both within and outside of the Railroad's property. B. Entry on to Railroad's Property by Political Body. If the Political Body's employees need to enter Railroad's property in order to perform an inspection of the Roadway, minor maintenance or other activities, the Political Body shall first provide at least ten (10) working days advance notice to the Railroad Representative. With respect to such entry on to Railroad's property, the Political Body, to the extent permitted by law, agrees to release, defend and indemnify the Railroad from and against any loss, damage, injury, liability, claim, cost or expense incurred by any person including, without limitation, the Political Body's employees, or damage to any property or equipment (collectively the "Loss") that arises from the presence or activities of Political Body's employees on Railroad's property, except to the extent that any Loss is caused by the sole direct negligence of Railroad. C. Flagging. (i) If the Political Body's employees need to enter Railroad's property as provided in Paragraph B above, the Political Body agrees to notify the Railroad Representative at least thirty (30) working days in advance of proposed performance of any work by Political Body in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such thirty (30) day notice, the Railroad Representative will determine and inform Political Body whether a flagman need be present and whether Political Body needs to implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by Railroad, Railroad will bill Political Body for such expenses incurred by Railroad. If Railroad performs any flagging, or other special protective or safety measures are performed by Railroad, Political Body agrees that Political Body is not relieved of any of its responsibilities or liabilities set forth in this Agreement. (ii) The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight -hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for 0 10: MMININME"! vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Political Body shall pay on the basis of the new rates and charges. (iii) Reimbursement to Railroad will be required covering the full eight -hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Political Body may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Political Body must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Political Body will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad. D. Compliance With Laws. The Political Body shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work. The Political Body shall use only such methods as are consistent with safety, both as concerns the Political Body, the Political Body's agents and employees, the officers, agents, employees and property of the Railroad and the public in general. The Political Body (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts and regulations. All Federal Railroad Administration regulations shall be followed when work is performed on the Railroad's premises. If any failure by the Political Body to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged against the Railroad, the Political Body shall reimburse, and to the extent it may lawfully do so, indemnify the Railroad for any such fine, penalty, cost, or charge, including without limitation attorney's fees, court costs and expenses. The Political Body further agrees in the event of any such action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad. 5 103:11:3111111115"! E. No Interference or Delays. The Political Body shall not do, suffer or permit anything which will or may obstruct, endanger, interfere with, hinder or delay maintenance or operation of the Railroad's tracks or facilities, or any communication or signal lines, installations or any appurtenances thereof, or the operations of others lawfully occupying or using the Railroad's property or facilities. F. Supervision. The Political Body, at its own expense, shall adequately police and supervise all work to be performed by the Political Body, and shall not inflict injury to persons or damage to property for the safety of whom or of which the Railroad may be responsible, or to property of the Railroad. The responsibility of the Political Body for safe conduct and adequate policing and supervision of the Project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications, or by the Railroad's collaboration in performance of any work, or by the presence at the work site of the Railroad's representatives, or by compliance by the Political Body with any requests or recommendations made by such representatives. If a representative of the Railroad is assigned to the Project, the Political Body will give due consideration to suggestions and recommendations made by such representative for the safety and protection of the Railroad's property and operations. G. Suspension of Work. If at any time the Political Body's engineers or the Vice President -Engineering Services of the Railroad or their respective representatives shall be of the opinion that any work of the Political Body is being or is about to be done or prosecuted without due regard and precaution for safety and security, the Political Body shall immediately suspend the work until suitable, adequate and proper protective measures are adopted and provided. H. Removal of Debris. The Political Body shall not cause, suffer or permit material or debris to be deposited or cast upon, or to slide or fall upon any property or facilities of the Railroad; and any such material and debris shall be promptly removed from the Railroad's property by the Political Body at the Political Body's own expense or by the Railroad at the expense of the Political Body. The Political Body shall not cause, suffer or permit any snow to be plowed or cast upon the Railroad's property during snow removal from the Crossing Area. I. Explosives. The Political Body shall not discharge any explosives on or in the vicinity of the Railroad's property without the prior consent of the Railroad's Vice President -Engineering Services, which shall not be given if, in the sole discretion of the Railroad's Vice President -Engineering Services, such discharge would be dangerous or would interfere with the Railroad's property or facilities. For the purposes hereof, the "vicinity of the Railroad's property" shall be deemed to be any place on the Railroad's property or in such close proximity to the Railroad's property that the discharge of explosives could cause injury to the Railroad's employees or other persons, or cause damage to or interference with the facilities or operations on the Railroad's property. The Railroad reserves the right to impose such conditions, restrictions or limitations on the transportation, handling, storage, security and use of explosives as the Railroad, in the Railroad's sole discretion, may deem to be necessary, desirable or appropriate. T 10: MMININME"! J. Excavation. The Political Body shall not excavate from existing slopes nor construct new slopes which are excessive and may create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of the Railroad. The Political Body shall not do or cause to be done any work which will or may disturb the stability of any area or adversely affect the Railroad's tracks or facilities. The Political Body, at its own expense, shall install and maintain adequate shoring and cribbing for all excavation and/or trenching performed by the Political Body in connection with construction, maintenance or other work. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the Railroad's Assistant Vice President Engineering - Design to withstand all stresses likely to be encountered, including any stresses resulting from vibrations caused by the Railroad's operations in the vicinity. K. Drainage. The Political Body, at the Political Body's own expense, shall provide and maintain suitable facilities for draining the Roadway and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon property of the Railroad. The Political Body, at the Political Body's own expense, shall provide adequate passageway for the waters of any streams, bodies of water and drainage facilities (either natural or artificial, and including water from the Railroad's culvert and drainage facilities), so that said waters may not, because of any facilities or work of the Political Body, be impeded, obstructed, diverted or caused to back up, overflow or damage the property of the Railroad or any part thereof, or property of others. The Political Body shall not obstruct or interfere with existing ditches or drainage facilities. L. Notice. Before commencing any work, the Political Body shall provide the advance notice to the Railroad that is required under the Contractor's Right of Entry Agreement. M. Fiber Optic Cables. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Political Body shall visit up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried anywhere on Railroad's property to be used by the Political Body. If it is, Political Body will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises. SECTION 9. INTERIM WARNING DEVICES If at anytime it is determined by a competent authority, by the Political Body, or by agreement between the parties, that new or improved train activated warning devices should be installed at the Crossing Area, the Political Body shall install adequate temporary warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the new or improved devices have been installed. 103:11:311111111115"! SECTION 10. OTHER RAILROADS All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other railroad company lawfully using the Railroad's property or facilities. SECTION 11. BOOKS AND RECORDS The books, papers, records and accounts of Railroad, so far as they relate to the items of expense for the materials to be provided by Railroad under this Project, or are associated with the work to be performed by Railroad under this Project, shall be open to inspection and audit at Railroad's offices in Omaha, Nebraska, during normal business hours by the agents and authorized representatives of Political Body for a period of three (3) years following the date of Railroad's last billing sent to Political Body. SECTION 12. REMEDIES FOR BREACH OR NONUSE A. If the Political Body shall fail, refuse or neglect to perform and abide by the terms of this Agreement, the Railroad, in addition to any other rights and remedies, may perform any work which in the judgment of the Railroad is necessary to place the Roadway and appurtenances in such condition as will not menace, endanger or interfere with the Railroad's facilities or operations or jeopardize the Railroad's employees; and the Political Body will reimburse the Railroad for the expenses thereof. B. Nonuse by the Political Body of the Crossing Area for public highway purposes continuing at any time for a period of eighteen (18) months shall, at the option of the Railroad, work a termination of this Agreement and of all rights of the Political Body hereunder. C. The Political Body will surrender peaceable possession of the Crossing Area and Roadway upon termination of this Agreement. Termination of this Agreement shall not affect any rights, obligations or liabilities of the parties, accrued or otherwise, which may have arisen prior to termination. SECTION 13. MODIFICATION - ENTIRE AGREEMENT No waiver, modification or amendment of this Agreement shall be of any force or effect unless made in writing, signed by the Political Body and the Railroad and specifying with particularity the nature and extent of such waiver, modification or amendment. Any waiver by the Railroad of any default by the Political Body shall not affect or impair any right arising from any subsequent default. This Agreement and Exhibits attached hereto and made a part hereof constitute the entire understanding between the Political Body and the Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work or any part thereof. 8 10: MMININIE"! Public Highway At -Grade Crossing 03/01/13 Standard Form Approved, AVP-Law EXHIBIT C TO PUBLIC HIGHWAY AT -GRADE CROSSING AGREEMENT Exhibit C (if applicable) will be Railroad's Material and Force Agreement Estimates. Material And Force Account Estimate Santa Ana Estimate Number: 146748 Version: 2 Standard Rates: Labor Additive = 252% Estimate Good Until 09/04/26 Location: SANTA ANA IND LD, INDL, 517.98-518.02 Description of Work: 761245R Mc Fadden Ave Santa Ana CA 518 Santa Ana Ind Ld Prepared For: Santa Ana Buy America: Yes COMMENTS FACILITY Description QTY UOM UCST LABOR MATERIAL TOTAL UP %0 Agcy %100 ENGINEERING Engineering 1 LS 45,140.00 45,140 0 45,140 0 45,140 Bill Prep Fee - Track Surface RECOLLECT 1 LS 900.00 0 900 900 0 900 Homeline Freight - Track Surface RECOLLECT 1 LS 900.00 0 900 900 0 900 Foreign Line Freight - Track Surface RECOLLECT 1 LS 1,662.82 0 1,663 1,663 0 1,663 Sub -Total = 45,140 3,463 48,603 0 48,603 TRACK CONSTRUCTION - COMPANY Mobilization: Company 1 DA 11,450.00 11,450 0 11,450 0 11,450 RDXING RDXING 136# CON10W PP PAN COMPLETE 88 TF 1,040.08 51,047 40,480 91,527 0 91,527 TRACK 136# CWRISO 24-8'6" PPHWD N 16 TP 32 TF 1,032.57 24,995 8,047 33,042 01 33,042 COMPJT Transition Rail - 136# 2 PR 7,985.41 8,767 7,204 15,971 0 15,971 Sub -Total = 96,260 55,731 151,990 0 151,990 TRACK REMOVAL - COMPANY RDXING Remove road crossing - concrete 188 1 TF 108.791 9,574 0 9,574 01 9,574 TRACK Remove Track 132 1 TF 1 42.251 1,3521 01 1,3521 01 1,352 Sub -Total = 10,925 0 10,925 0 10,925 EQUIPMENT RENTAL Equipment Rental 1 1 1 LS 1 25,000.001 01 25,0001 25,0001 01 25,000 Sub -Total = 0 25,000 25,000 0 25,000 Total Wgt. in Tons = 594 Totals = 152,325 84,193 236,518 0 236,518 Grand Total = $236,518 Please Note: The above figures are estimates only and are subject to fluctuation. In the event of an increase or decrease in the cost or amount of material or labor required, Santa Ana will pay actual construction costs at the current rates effective thereof. Thursday, September 4, 2025 Page 1 of 1 Material And Force Account Estimate City of Santa Ana EXHIBIT 4 Estimate Creation Date: 3/12/2024 Number: 147796 Version: 1 Estimate Good Until 09/08/26 Location: SANTA ANA IND LD, INDL, 517.19-522.84 Buy America: Yes Description of Work: Santa Ana Ind Lead Santa Ana, CA McFadden Ave DOT#761245R WO#72190 PID#131124 100% Recollectable COMMENTS Description QTY UOM Unit LABOR MATERIAL TOTAL Cost SIGNAL Gang Day - 5 Man 2 EA 7,500.00 15,000 0 15,000 Xing -1 Trk CWE w/Gates 1 EA 131,584.00 41,200 90,384 131,584 Xing - Flasher/Ped (pair) 1 LS 57,560.00 16,000 41,560 57,560 Xing - Install Web and Head Bonds per 1000 TF 2 EA 1,865.00 3,200 530 3,730 Public Project Mgmt. Xing - Misc. 1 LS 10,000.00 0 10,000 10,000 Xing - Remove Location (Gates/Cants) 1 LS 4,000.00 4,000 0 4,000 Xing - Sidelight 1 EA 907.00 0 907 907 Security Fence Xing - Misc. 1 LS 10,000.00 0 10,000 10,000 10 % Labor Contingency Xing - Misc. 1 LS 28,924.00 28,924 0 28,924 Xing - Engineering Design 1 LS 8,550.00 8,550 0 8,550 Xing - Boring 1 LS 50,000.00 0 50,0001 50,000 Xing - Fill/Rock/Gravel 1 LS 3,800.00 0 3,8001 3,800 FED W/INDR & OVRHD 228.86% Xing - Labor Additive 1 LS 201,285.00 201,285 01 201,285 Xing - Meter Service 1 LS 15,000.00 0 15,0001 15,000 Sub -Total = 318,159 222,181 540,340 Totals = 318,159 222,181 540,340 Grand Total = $540,340 Please Note: The above figures are estimates only and are subject to fluctuation. In the event of an increase or decrease in the cost or amount of material or labor required, City of Santa Ana will pay actual construction costs at the current rates effective thereof. Monday, September 22, 2025 Page 1 of 1 10: MMI :311111ME"! Contractor's Right of Entry Public Projects Form Approved 02/09/2022 EXHIBIT D TO PUBLIC HIGHWAY AT -GRADE CROSSING AGREEMENT CONTRACTOR'S RIGHT OF ENTRY AGREEMENT THIS AGREEMENT is made and entered into as of the day of , 20 by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"); and a corporation ("Contractor"). RECITALS: Contractor has been hired by to perform work relating to (the "Work") with all or a portion of such Work to be performed on property of Railroad in the vicinity of Railroad's Milepost on Railroad's [Subdivision or Branch] [at or near DOT No. located at or near in County, State of , as such location is in the general location shown on the print marked Exhibit A, attached hereto and hereby made a part hereof, which Work is the subject of a contract dated between Railroad and Railroad is willing to permit Contractor to perform the Work described above at the location described above subject to the terms and conditions contained in this agreement AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as follows: ARTICLE 1 - DEFINITION OF CONTRACTOR. For purposes of this agreement, all references in this agreement to Contractor shall include Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. For purposes of clarity, Contractor agrees that any CIC (defined below) hired by Contractor is a subcontractor of Contractor and therefore included in the defined term Contractor pursuant to the foregoing sentence. ARTICLE 2 - RIGHT GRANTED: PURPOSE. Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the property described in the Recitals for the purpose of performing the Work described in the Recitals above. The right herein granted to Contractor is limited to those portions of Railroad's property specifically described herein, or as designated by the Railroad Representatives named in Article 4. ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS B AND C. The terms and conditions contained in Exhibit B and Exhibit C, attached hereto, are hereby made a part of this agreement. 10:/:11:31111ME"! Contractor's Right of Entry Public Projects Form Approved 02/09/2022 ARTICLE 4 - ALL EXPENSES TO BE BORNE BY CONTRACTOR: RAILROAD REPRESENTATIVES. A. Contractor shall bear any and all costs and expenses associated with any Work performed by Contractor (including without limitation any CIC), or any costs or expenses incurred by Railroad relating to this agreement. B. Contractor shall coordinate all of its Work with the following Railroad representatives or their duly authorized representative (the "Railroad Representatives"): MTM: PM: C. Contractor, at its own expense, shall adequately police and supervise all Work to be performed by Contractor and shall ensure that such Work is performed in a safe manner as set forth in Section 7 of Exhibit B. The responsibility of Contractor for safe conduct and adequate policing and supervision of Contractor's Work shall not be lessened or otherwise affected by Railroad's approval of plans and specifications involving the Work, or by Railroad's collaboration in performance of any Work, or by the presence at the Work site of a Railroad Representative, or by compliance by Contractor with any requests or recommendations made by Railroad Representative. ARTICLE 5 - SCHEDULE OF WORK ON A MONTHLY BASIS. The Contractor, at its expense, shall provide on a monthly basis a detailed schedule of Work to the Railroad Representative named in Article 4B above. The reports shall start at the execution of this agreement and continue until this agreement is terminated as provided in this agreement or until the Contractor has completed all Work on Railroad's property. ARTICLE 6 -TERM: TERMINATION. A. The grant of right herein made to Contractor shall commence on the date of this agreement, and continue until , unless sooner terminated as herein provided, or at such time as Contractor has completed its Work on Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its Work on Railroad's property. B. This agreement may be terminated by either party on ten (10) days written notice to the other party ARTICLE 7 - CERTIFICATE OF INSURANCE. A. Before commencing any Work and throughout the entire term of this Agreement, Contractor, at its expense, shall procure and maintain in full force and effect the types and minimum limits of insurance specified in Exhibit C of this agreement and require each of its subcontractors to include the insurance endorsements as required under Section 12 of Exhibit B of this agreement. B. Not more frequently than once every two (2) years, Railroad may reasonably modify the required insurance coverage to reflect then -current risk management practices in the railroad industry and underwriting practices in the insurance industry. C. Upon request of Railroad, Contractor shall provide to Railroad a certificate issued by its insurance carrier evidencing the insurance coverage required under Exhibit B. D. Contractor understands and accepts that the terms of this Article are wholly separate from and independent of the terms of any indemnity provisions contained in this Agreement. 2 10: MMINIIIIIIIIIIIIIE"! Contractor's Right of Entry Public Projects Form Approved 02/09/2022 E. Upon request of Railroad, insurance correspondence, binders, policies, certificates and endorsements shall be sent to: Union Pacific Railroad Company [Insert mailing address] Attn: Project No. ARTICLE 8 - PRECONSTRUCTION MEETING. If the Work to be performed by the Contractor will involve the Railroad providing any flagging protection (or if a CIC is approved to provide flagging protection pursuant to the terms set forth herein) and/or there is separate work to be performed by the Railroad, the Contractor confirms that no work shall commence until the Railroad and Contractor participate in a preconstruction meeting involving flagging procedures and coordination of work activities of the Contractor and the Railroad (and any CIC, as applicable.) Union Pacific's Third Party Flagging Policy at the link provided here: www.up.com/flagging ARTICLE 9. DISMISSAL OF CONTRACTOR'S EMPLOYEE. At the request of Railroad, Contractor shall remove from Railroad's property any employee of Contractor who fails to conform to the instructions of the Railroad Representative in connection with the Work on Railroad's property, and any right of Contractor shall be suspended until such removal has occurred. Contractor shall indemnify Railroad against any claims arising from the removal of any such employee from Railroad's property. ARTICLE 10. ADMINISTRATIVE FEE. Upon the execution and delivery of this agreement, Contractor shall pay to Railroad One Thousand Twenty Five Dollars ($1,025.00) as reimbursement for clerical, administrative and handling expenses in connection with the processing of this agreement. ARTICLE 11. CROSSINGS: COMPLIANCE WITH MUTCD AND FRA GUIDELINES. A. No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Railroad's trackage shall be installed or used by Contractor without the prior written permission of Railroad. B. Any permanent or temporary changes, including temporary traffic control, to crossings must conform to the Manual of Uniform Traffic Control Devices (MUTCD) and any applicable Federal Railroad Administration rules, regulations and guidelines, and must be reviewed by the Railroad prior to any changes being implemented. In the event the Railroad is found to be out of compliance with federal safety regulations due to the Contractor's modifications, negligence, or any other reason arising from the Contractor's presence on the Railroad's property, the Contractor agrees to assume liability for any civil penalties imposed upon the Railroad for such noncompliance. ARTICLE 12.- EXPLOSIVES. Explosives or other highly flammable substances shall not be stored or used on Railroad's property without the prior written approval of Railroad. 103:11:311111115"! Contractor's Right of Entry Public Projects Form Approved 02/09/2022 IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in duplicate as of the date first herein written. UNION PACIFIC RAILROAD COMPANY 0 Title: (Name of Contractor) In Name: Title: Phone: E-Mail: 59 100MMIM3NNE"! EXHIBIT A TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Exhibit A will be a print showing the general location of the work site. --------------- ------------- - ---- ---- UKDD ff��T COICRETE MP NEWEWTS paO 7RUKLrEX3 DOWE5 ACGREZATE NATEMAL HIMAPE PRDPOSED AIDDTrrK)4AL Fommim FODURIlfri U3 SF ■ Crossing Area -------- --- jLA-------- -------------- & - - - - - - - - - - - - - - - ------------ ----------------- - --------- ................ S N ------------- .......... ------------------------- ----------------- ----- .... --- --- . . ......... ----------------------- ...... ------- --------------- ---------------- ---------------- ----------- ........ -■ - - - - - - - - - - - - - — - - - - - - - p ■ 1 1 1 '*tl. -ZA -{4 1.4 1:•4 -1 If Ow LEI 1 0. 13. hTE uPRA CROSENE FOOTPf;I4T M-11 KE LANE ANO BICYCLE POILEVARD HARMR ULVO TO QRAKK) AVE PUBLIC WORKS AGENCY I I ICWtTftCTDM WKEM. CITY OF SAW4 ANA 10: MMINIIIIIIIE"! EXHIBIT B TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Section 1. NOTICE OF COMMENCEMENT OF WORK - RAILROAD FLAGGING - PRIVATE FLAGGIN A. Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance of Contractor commencing its Work and at least thirty (30) working days in advance of proposed performance of any Work by Contractor in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. B. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad approved flagman is provided to watch for trains. Upon receipt of such thirty (30)-day notice, the Railroad Representative will determine and inform Contractor whether a flagman need be present and whether Contractor needs to implement any special protective or safety measures. C. Contractor shall be permitted to hire a private contractor to perform flagging or other special protective or safety measures (such private contractor being commonly known in the railroad industry as a contractor -in -charge ("CIC")) in lieu of Railroad providing such services or in concert with Railroad providing such services, subject to prior written approval by Railroad, which approval shall be in Railroad's sole and absolute discretion. If Railroad agrees to permit Contractor to utilize a CIC pursuant to the preceding sentence, Contractor shall obtain Railroad's prior approval in writing for each of the following items, as determined in all respects in Railroad's sole and absolute discretion: (i) the identity of the third -party performing the role of CIC; (ii) the scope of the services to be performed for the project by the approved CIC; and (iii) any other terms and conditions governing such services to be provided by the CIC. If flagging or other special protective or safety measures are performed by an approved CIC, Contractor shall be solely responsible for (and shall timely pay such CIC for) its services. Railroad reserves the right to rescind any approval pursuant to this Section 1, Subsection C., in whole or in part, at any time, as determined in Railroad's sole and absolute discretion. D. If any flagging or other special protective or safety measures are performed by employees of Railroad and/or any contractor of Railroad, Railroad will bill Contractor for such expenses incurred by Railroad, unless Railroad and a federal, state or local governmental entity have agreed that Railroad is to bill such expenses to the federal, state or local governmental entity. If Railroad will be sending the bills to Contractor, Contractor shall pay such bills within thirty (30) days of Contractor's receipt of billing. E. If any flagging or other special protective or safety measures are performed by Railroad or a CIC, Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in this agreement. F. The provisions set forth in this subsection are only applicable for Flagging Services performed by employees of Railroad: the rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight -hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with labor agreements and schedules in effect at the time the Work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the Work is performed. One and one-half times the current hourly rate is 10: MMINIIIIIIIIIIIE"! paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Contractor (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges. If flagging is performed by Railroad, reimbursement to Railroad will be required covering the full eight -hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Contractor may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Contractor must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Contractor will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five-day cessation notice has been given to Railroad. Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and maintain its entire property including the right and power of Railroad to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Railroad without liability to Contractor or to any other party for compensation or damages. B. The foregoing grant is also subject to all outstanding superior rights (whether recorded or unrecorded and including those in favor of licensees and lessees of Railroad's property, and others) and the right of Railroad to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS. A. Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the railroad tracks and property of Railroad, including without limitation, the operations of Railroad's lessees, licensees or others, unless specifically authorized in advance by the Railroad Representative. Nothing shall be done or permitted to be done by Contractor at any time that would in any manner impair the safety of such operations. When not in use, Contractor's machinery and materials shall be kept at least twenty- five (25) feet from the centerline of Railroad's nearest track, and there shall be no vehicular crossings of Railroads tracks except at existing open public crossings. B. Operations of Railroad and work performed by Railroad personnel and delays in the Work to be performed by Contractor caused by such railroad operations and Work are expected by Contractor, and Contractor agrees that Railroad shall have no liability to Contractor, or any other person or entity for any such delays. The Contractor shall coordinate its activities with those of Railroad and third parties so as to avoid interference with railroad operations. The safe operation of Railroad train movements and other activities by Railroad takes precedence over any Work to be performed by Contractor. 2 103:11:311111111111115"! Section 4. LIENS. Contractor shall pay in full all persons who perform labor or provide materials for the Work to be performed by Contractor. Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or enforced against any property of Railroad for any such Work performed. Contractor shall indemnify and hold harmless Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such Work done, labor performed, or materials furnished. If Contractor fails to promptly cause any lien to be released of record, Railroad may, at its election, discharge the lien or claim of lien at Contractor's expense. Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. A. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Contractor shall visit www.up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried anywhere on Railroad's property to be used by Contractor. If it is, Contractor will telephone the telecommunications company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or other protection of the fiber optic cable. Contractor shall not commence any Work until all such protection or relocation (if applicable) has been accomplished. B. IN ADDITION TO OTHER INDEMNITY PROVISIONS IN THIS AGREEMENT, CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD RAILROAD HARMLESS FROM AND AGAINST ALL COSTS, LIABILITY AND EXPENSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, COURT COSTS AND EXPENSES) ARISING OUT OF ANY ACT OR OMISSION OF CONTRACTOR, ITS AGENTS AND/OR EMPLOYEES, THAT CAUSES OR CONTRIBUTES TO (1) ANY DAMAGE TO OR DESTRUCTION OF ANY TELECOMMUNICATIONS SYSTEM ON RAILROAD'S PROPERTY, AND/OR (2) ANY INJURY TO OR DEATH OF ANY PERSON EMPLOYED BY OR ON BEHALF OF ANY TELECOMMUNICATIONS COMPANY, AND/OR ITS CONTRACTOR, AGENTS AND/OR EMPLOYEES, ON RAILROAD'S PROPERTY. CONTRACTOR SHALL NOT HAVE OR SEEK RECOURSE AGAINST RAILROAD FOR ANY CLAIM OR CAUSE OF ACTION FOR ALLEGED LOSS OF PROFITS OR REVENUE OR LOSS OF SERVICE OR OTHER CONSEQUENTIAL DAMAGE TO A TELECOMMUNICATION COMPANY USING RAILROAD'S PROPERTY OR A CUSTOMER OR USER OF SERVICES OF THE FIBER OPTIC CABLE ON RAILROAD'S PROPERTY. Section 6. PERMITS - COMPLIANCE WITH LAWS. In the prosecution of the Work covered by this agreement, Contractor shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the Work including, without limitation, all applicable Federal Railroad Administration regulations. Section 7. SAFETY. A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of any Work on Railroad property performed by Contractor. Contractor shall be responsible for initiating, maintaining and supervising all safety, operations and programs in connection with the Work. Contractor shall, at a minimum, comply with Railroad's then current safety standards located at the below web address ("Railroad's Safety Standards") to ensure uniformity with the safety standards followed by Railroad's own forces. As a part of Contractor's safety responsibilities, Contractor shall notify Railroad if Contractor 103:11:311111111111115"! determines that any of Railroad's Safety Standards are contrary to good safety practices. Contractor shall furnish copies of Railroad's Safety Standards to each of its employees before they enter Railroad property. http://www.up.com/cs/groups/public/(a)_uprr/(a)_suppliers/documents/up pdf nativedocs/pdf up supplier safety reg.pdf B. All personnel employed by the Agency, Contractor and all subcontractors must complete the Railroad's course "Property Access Training" and be registered prior to working on Railroad property. This training is available at www.up.com/up-pat. This training is required to be completed annually. C. 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. D. Contractor shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to any person injured on the job site. Contractor shall promptly notify Railroad of any U.S. Occupational Safety and Health Administration reportable injuries. Contractor shall have a nondelegable duty to control its employees while they are on the job site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any Work. E. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the Work (the "Safety Plan"). Railroad shall have the right, but not the obligation, to require Contractor to correct any deficiencies in the Safety Plan. The terms of this agreement shall control if there are any inconsistencies between this agreement and the Safety Plan. Section 8. INDEMNITY. A. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS RAILROAD, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, AGENTS AND EMPLOYEES (INDIVIDUALLY AN "INDEMNIFIED PARTY" OR COLLECTIVELY "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, INJURY, LIABILITY, CLAIM, DEMAND, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, 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 (1) ANY WORK PERFORMED BY CONTRACTOR, OR (11) ANY ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS OR EMPLOYEES, OR (III) ANY BREACH OF THIS AGREEMENT BY CONTRACTOR. B. THE RIGHT TO INDEMNITY UNDER THIS SECTION 8 SHALL ACCRUE UPON OCCURRENCE OF THE EVENT GIVING RISE TO THE LOSS, AND SHALL APPLY REGARDLESS OF ANY NEGLIGENCE OR STRICT LIABILITY OF ANY INDEMNIFIED PARTY, EXCEPT WHERE THE LOSS IS CAUSED BY THE SOLE ACTIVE NEGLIGENCE OF AN INDEMNIFIED PARTY AS ESTABLISHED BY THE FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION. THE SOLE ACTIVE NEGLIGENCE OF ANY INDEMNIFIED PARTY SHALL NOT BAR THE RECOVERY OF ANY OTHER INDEMNIFIED PARTY. C. CONTRACTOR EXPRESSLY AND SPECIFICALLY ASSUMES POTENTIAL LIABILITY UNDER THIS SECTION 8 FOR CLAIMS OR ACTIONS BROUGHT BY CONTRACTOR'S OWN EMPLOYEES. CONTRACTOR WAIVES ANY IMMUNITY IT MAY HAVE UNDER WORKER'S COMPENSATION OR INDUSTRIAL INSURANCE ACTS TO INDEMNIFY THE INDEMNIFIED PARTIES UNDER THIS SECTION 8. M 103:11:3imEll! 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 ANY INDEMNIFIED PARTY. E. THE PROVISIONS OF THIS SECTION 8 SHALL SURVIVE THE COMPLETION OF ANY WORK PERFORMED BY CONTRACTOR OR THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. IN NO EVENT SHALL THIS SECTION 8 OR ANY OTHER PROVISION OF THIS AGREEMENT BE DEEMED TO LIMIT ANY LIABILITY CONTRACTOR MAY HAVE TO ANY INDEMNIFIED PARTY BY STATUTE OR UNDER COMMON LAW. Section 9. RESTORATION OF PROPERTY. In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner move or disturb any of the other property of Railroad in connection with the Work to be performed by Contractor, then in that event Contractor shall, as soon as possible and at Contractor's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed. Contractor shall remove all of Contractor's tools, equipment, rubbish and other materials from Railroad's property promptly upon completion of the Work, restoring Railroad's property to the same state and condition as when Contractor entered thereon. Section 10. WAIVER OF DEFAULT. Waiver by Railroad of any breach or default of any condition, covenant or agreement herein contained to be kept, observed and performed by Contractor shall in no way impair the right of Railroad to avail itself of any remedy for any subsequent breach or default. Section 11. MODIFICATION -ENTIRE AGREEMENT. No modification of this agreement shall be effective unless made in writing and signed by Contractor and Railroad. This agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding between Contractor and Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the Work to be performed by Contractor. Section 12. ASSIGNMENT - SUBCONTRACTING. Contractor shall not assign or subcontract this agreement, or any interest therein, without the written consent of the Railroad. Contractor shall be responsible for the acts and omissions of all subcontractors. Before Contractor commences any Work, the Contractor shall, except to the extent prohibited by law; (1) require each of its subcontractors to include the Contractor as "Additional Insured" on the subcontractor's Commercial General Liability policy and Umbrella or Excess policies (if applicable) with respect to all liabilities arising out of the subcontractor's performance of Work on behalf of the Contractor by endorsing these policies with ISO Additional Insured Endorsements CG 20 10, and CG 20 37 (or substitute forms providing equivalent coverage; (2) require each of its subcontractors to endorse their Commercial General Liability Policy with "Contractual Liability Railroads" ISO Form CG 24 17 10 01 (or a substitute form providing equivalent coverage) for the job site; and (3) require each of its subcontractors to endorse their Business Automobile Policy with "Coverage For Certain Operations In Connection With Railroads" ISO Form CA 20 70 10 01 (or a substitute form providing equivalent coverage) for the job site. IO:/:11:3NIE"! EXHIBIT C TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Union Pacific Railroad Company Insurance Requirements For Contractor's Right of Entry Agreement During the entire term of this Agreement and course of the Project, and until all Project Work on Railroad's property has been completed and all equipment and materials have been removed from Railroad's property and Railroad's property has been clean and restored to Railroad's satisfaction, Contractor shall, at its sole cost and expense, procure and maintain the following insurance coverage: A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of not less than $5,000,000 each occurrence and an aggregate limit of not less than $10,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage). The policy must also contain the following endorsement, which must be stated on the certificate of insurance: • Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site. • Designated Construction Project(s) General Aggregate Limit ISO Form CG 25 03 03 97 (or a substitute form providing equivalent coverage) showing the project on the form schedule. B. Business Automobile Coveraae insurance. Business auto coverage written on ISO form CA 00 01 1 C 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $5,000,000 for each accident and coverage must include liability arising out of any auto (including owned, hired and non -owned autos). The policy must contain the following endorsements, which must be stated on the certificate of insurance: • Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Property" as the Designated Job Site. • Motor Carrier Act Endorsement - Hazardous materials clean up (MCS-90) if required by law. C. Workers' Compensation and Employers' Liability insurance. Coverage must include but not be limited to: Contractor's statutory liability under the workers' compensation laws of the state where the Work is being performed. Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee. If Contractor is self -insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. D. Railroad Protective Liability insurance. Contractor must maintain "Railroad Protective Liability" (RPL) insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurrence 10: MMINIIIIIIIIIE"! and an aggregate of $6,000,000. The definition of "JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this agreement and shall describe all WORK or OPERATIONS performed under this agreement. Contractor shall provide this agreement to Contractor's insurance agent(s)and/or broker(s) and Contractor shall instruct such agent(s) and/or broker(s) to procure the insurance coverage required by this agreement. A BINDER STATING THE POLICY IS IN PLACE MUST BE SUBMITTED TO RAILROAD BEFORE THE WORK MAY COMMENCE AND UNTIL THE ORIGINAL POLICY IS FORWARDED TO UNION PACIFIC RAILROAD. E. Umbrella or Excess insurance. If Contractor utilizes umbrella or excess policies, these policies must "follow form" and afford no less coverage than the primary policy. F. Pollution Liability insurance. Pollution liability coverage must be included when the scope of the Work as defined in the agreement includes installation, temporary storage, or disposal of any "hazardous" material that is injurious in or upon land, the atmosphere, or any watercourses; or may cause bodily injury at any time. If required, coverage may be provided in separate policy form or by endorsement to Contractors CGLor RPL. Any form coverage must be equivalent to that provided in ISO form CG 24 15 "Limited Pollution Liability Extension Endorsement" or CG 28 31 "Pollution Exclusion Amendment" with limits of at least $5,000,000 per occurrence and an aggregate limit of $10,000,000. If the scope of Work as defined in this agreement includes the disposal of any hazardous or non- hazardous materials from the job site, Contractor must furnish to Railroad evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of $1,000,000 per loss, and an annual aggregate of $2,000,000. Other Reauirements G. All policy(ies) required above (except business automobile, worker's compensation and employers liability) must include Railroad as "Additional Insured" using ISO Additional Insured Endorsements CG 20 10, and CG 20 37 (or substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall not be limited by Contractor's liability under the indemnity provisions of this agreement. BOTH CONTRACTOR AND RAILROAD EXPECT THAT UNION PACIFIC RAILROAD COMPANY WILL BE PROVIDED WITH THE BROADEST POSSIBLE COVERAGE AVAILABLE BY OPERATION OF LAW UNDER ISO ADDITIONAL INSURED FORMS CG 20 10 AND CG 20 37. H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this agreement, or (b) all punitive damages are prohibited by all states in which this agreement will be performed. I. Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees for damages covered by the workers compensation and employers liability or commercial umbrella or excess liability obtained by Contractor required in this agreement where prohibited by law. This waiver must be stated on the certificate of insurance. J. Prior to commencing the Work, Contractor shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this agreement. 2 10: MMINIIIIIIIIIIIE"! K. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state where the Work is being performed. L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this agreement. Damages recoverable by Railroad from Contractor or any third party will not be limited by the amount of the required insurance coverage. 3 EXHIBIT 4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE. SEPTEMEER 1, 2016 TITLE. PUBLIC HEARING - RESOLUTION TO ADOPT FINAL ENVIRONMENTAL IMPACT REPORT FOR THE WARNER AVENUE IMPROVEMENTS AND WIDENING PROJECT FROM MAIN STREET TO GRAND AVENUE (STRATEGIC LAN NO.6, 1 B & 1 C) CIT MANAG . CLSRK OF COUNCIL USE ONLY. APPROVED El As Recommended �] As Amended [ Ordinance on 1" Reading El Ordinance on 2"d Reading ® Implementing Resolution [I Set Public Hearing Por CONTINUED TO FILE NUMBER 1. Adopt a resolution approving the Find Environmental Impact Report for Warner Avenue Improvements and Widening Project from Main Street to Grand Avenue. 1 Adopt the Findings and Statement of Overriding Considerations for the Warner Avenue Improvements and Widening Project from Main Street to Grand Avenue. 3. Adopt the Mitigation Monitoring and Reporting Program for the Warner .Avenue Improvements and Widening Project from Main Strut to Grand Avenue, 4. Approve the Warner.Avenue Improvements and Widening Project from Main Street to Grand Avenue QIISCUSSION This action will complete the environmental phase of the Warner Avenue Improvements and Widening Project from Main Street to Grand Avenue (Exhibit 1). The approval of the Final Environmental Impact Report (ETEIR) (Exhibit 2) will allow the City to pursue funding to complete right -of -quay work in preparation for the construction phase of the project. Pending approval of the FEIR, staff will seek Measure M2 Competitive funding in the upcoming call for projects that is tentatively scheduled for October 2015, Warner Avenue is a regionally significant &Aerial roadway providing east -west travel through the City. The existing conditions between Main Street and Grand Avenue have several unsafe features, Including uncontrolled left turns, insufficient access to standards pursuant to the Americans with Disabilities Act (ADA), and no bike lanes. There Is also substantial congestion daring peak periods, and. the level of service will worsen as traffic volumes Increase as a result of the Tustin Legacy project and other factors. The City Is proposing to Improve Warner Avenue from Main Street to Grand Avenue by adding sidewalks, bike lanes, undergrounding utilities, and widening the roadway from existing four lames to six lanes, In addition to the on -street dedicated bike lanes (Class II) and ADA,00mpliont sidewalks, the proposal also includes a raised landscape median and a landsoaped parkway buffer, both with drought tolerant plants, 75B-1 EXHIBIT 4 Resolution to adopt Final. EIR for Warner Avenue Improvements Main Street to Grand Avenue September 1, 2015 Page 2 The project is consistent with the designation of Warner Avenue as a major arterial In the City's adopted General Plan Circulation Element and In Orange County's Master Ilan of Arterial Highways. It Is also supported by the updated draft Circulation Element, which will serve as the basis for the new General Plain Circulation Element to be .adopted. early 2016. The environmental and engineering effort for the Warner Improvements originated as a. mitigation measure for the Tustin Legacy project, which Involves the redevelopment of the former Tustin Marine Corps Air Station as a mixed -use commercial, residential, and industrial project, As a mitigation measure, the City of Tustin agreed to partially fund the Improvements on Warner Avenue between Main Street and Grand Avenue, ` R..A'1'I=661ON9NI Approval of this item supports the City's efforts to meet Goal #6 Community Padllities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy E (maintain existing streets and associated assets in a state of good repair) and Strategy G (develop and implement the City's Capital Improvement Program In coordination with the Community Investment and Deferred Maintenance Plan), g.N,,YJ8QNI1I ENTA►i. IMP& The FEIR addresses the environmental effects associated with the implementation of the proposed Warner Avenue Improvements and Widening Project from Main Street to Grand Avenue, The California Environmental Quality Act (CEQA) requires that local government agencies, prior to taking action on projects over which they have discretionary approval authority, consider the environmental consequences to support Informed decision making. The CECA Guidelines (Section 15126[aj) state that an EIR must address "a range of reasonable alternatives to the project, or to the location of the project; which could feasibly attain the basic objectives of the project, but would avoid or substantially lessen any of the significant effects of the project and evaluate the comparative merits of the alternatives," The alternatives considered for this project were based, in part, on their potential ability to reduce or eliminate the impacts determined to be significant and unavoidable, even after Implementation of all feasible mitigation measures, Project Alternatives Considered,. * No Project i 100' WidenIngg Alternative * 120' Forth Widening Alternative 9 120' Center Widening Alternative * 120' South Widening Alternative * Revised Construction Alternative 110' North Widening Alternative (proposed projeoV . 11Q' Center Widening Alternative a 110' South Widening Alternative Eleven environmental topics were identified as potentially significant and are fully analyzed in this F'EIR, * Air Quality • Land Use and Planning # Cultural Resources * Noise a Geology and Solls • Population and Housing ® Greenhouse Gas Emissions a Transportation and Traffic w Hazards and Hazardous Materials • Utilities and Servlce Systems Hydrology and Water Quality 75B-2 EXHIBIT 4 Resolution to adopt Final EIR for Warner Avenue improvements Main Street to Grand Avenue September 1, 2015 Page S Two significant unavoidable environmental Impacts were Identified: 1, Noise during construction 2, Traffic Impacts during construction Public comment totals during the Drab EIR (DEIR) review period are as follows: • Written Comments: a Agencies:6 a Organizations.- 2 * individuals.7 • Verbal Comments: © DEIR Meeting #1: 16 Individuals DEIR Meeting #2: 12 Individuals. Comments generally fell into the following categories: a Reduction in residential impacts e Property acquisition and relocation process * Traffic impacts to local neighborhood streets .0 Existing safety concerns throughout corridor Written responses to these comments were provided In the FEIR, The FEIR includes all written and oral comments received during the public review period as well as the City's responses, Comments received from the public and from the public agencies did not require any new analysis or result in major changes In the FEIR, The Findings and Facts In support of Findings, and Statement of Overriding Considerations for the Warner Avenue Improvements and Widening Project from Main Street to Grand Avenue Project (State Clearinghouse No, 2012101004), summarizes the evidence relied upon by the City in making these findings. This evidence is drawn from the Notice of Preparation documents; the comments and responses to comments on the QE1R and FEIR; and other evidence presented to the City, including all other Information in the administrative record, Additionally, a Mitigation Monitoring and Reporting Program has been prepared for this project and will be adapted along with the proposed resolution (Exhiblt S), Staff and the consultant team recommend. certifying the FEIR, adopting the 110' North Widening Alternatives as the Warner Avenue Improvements and Widening Project, and approving the project by adopting the proposed resolution In accordance with the CEOA requirements, To Increase stakeholder Involvement and awareness of the project, the City exceeded the CEQA mandated public hearing requirements and hold several public meetings to discuss project benefits and the Draft Environmental Impact [deport (DEIR); * May 22, 2012 Open House Meeting 1 a ,June 12, 2012 Presentation to South Main Business Association 9 ,July 10, 2012 Open House Meating 2 # October 18, 2012 EIR $coping Meeting 9 February S, 2015 DEIR Public Comments Meeting a February 7, 2015 DEIR Public Comments Meeting 75B-3 EXHIBIT 4 Resolution to adopt Final E1R For Warner Avenue Improvements Main Street to Grand Avenue September 1, 2015 Page 4 The DEIR was released on January 12, 2015, for a 45Mday public comment period ending on February 25, 2015. * 1,450 Notice of Availability flyers were prepared and sent to all. properties within 500 feet of the project (multkresldentiai and single -unit properties, including the owner and tenant of each properly), as well as to key stakeholders who had previously participated in the environmental process. The notices provided details of the two scheduled meetings In English and Spanish. * Staff placed the Notice of Availability on the doorknobs of all properties immediately adjacent to Warner Avenue. between Main Street and Grand Avenue to ensure residents were aware of the upcoming Draft EIR meetings. Staff also placed notices on the doors of Individual units In two apartment complexes within 500 feet of the project. * At the start of the 45-day review period., a press release was sent out via Nixie, the Orange County Register, and the Excelsior Newspaper, * Information was placed prominently on the Public Works Rage of the City's website, eliciting over 1,500 views since the start of the 45-day review period. * To encourage attendance, staff' contacted key stakeholders, groups, and neighborhood leaders (including those located outside of the 500-foot notification radius, such as the Memorial Park and Delhi neighborhoods), and seat out an a -news release to several neighborhood leaders in advance of the meetings. * A copy of the Warner Avenue Improvement and Widening Project DEIR was made available at five locations for public review: City Hall Public Works Counter, City Clerk's Office, Main Public Library, Delhi Community Center, and a digital copy on the City's website. i The public meetings mentioned above were held at Manuel Esqueda Elementary School, located at the west end of the project, information, interpretation, and translation services were provided in English and Spanish. * Notice of the public meetings and calls for public comment were also promoted on the City's social media channels several times throughout the 45-day review period. * To encourage Input, flyers concerning the 45-day review period and calls for comments were also distributed as handouts at neighborhood meetings prior to and during the 45-day review period, * Three on -site meetings were conducted with Cherry Aerospace to discuss potential Impacts to their site and operations. Subsequent to the 45-day DER public comment period, staff engaged In further outreach to inform the public about the project and its benefits to the community. The impacts associated with right-of-way acquisition and potential relocation; the rights of these Impacted: and the available resources were also discussed, 9 April S, 2015 Presentation to Santa Ana Active Streets Coalition (SAAS) and Equity for All * April29,, 2015 O&A Session with Delhi Neighborhood * May 21, 2016 presentation to Delhi Neighborhood Association • June 15, 2015 Presentation to Delhi Neighborhood Association * July 23, 2015 Presentation to Delhi Neighborhood Association * Ongoing Individual meetings (explained below) 75B-4 EXHIBIT 4 Resolution to adopt Final El for Warner Avenue Improvements Main Street to Grand Avenue September 1, 2015 Page 5 In addition to the aforementioned public meetings, the City offered Individual meetings to interested parties and has been In contact with commercial properties within the project limlt, including but not limited to Wells Fargo and the Brookhollow office complex. Furthermore, staff has called or visited the residential properties identified as a'full or partial acquisition in the EIR and offered to meet individually with the owners and tenants. Forty-two property owners/tenants were contacted, of which 24 accepted the offer and 18 opted not to receive further information, The meetings focused on the property acquisition and relocation process, but questions were answered regarding anything pertaining to the proposed project. Additional meetings have been scheduled for September; however, City staff will continue to meet with any interested parties until the project Is completed. FI§CAL ILAPAGT fiscal impact associated with this specific action, Executive Director Public Works Agency FMIEWGIKN Exhibits: 1. Location Map 2. Final Environmental Impact Deport: hito:ruMu gi an.ca,ug�rawa/documenta/DEiRl_inkpage LUI91=0 19 2a15.odf 3. Resolution a. Findings of Facts 1 Statement of Overriding Conditions b. Mitigation Monitoring and Reporting Program rJ B—rJ EXHIBIT 4 GM IVA J LEGEND ® PROJECT AREA EXHIBIT 1 SANTA ANA PUBLIC HEARING RESOLUTION L�jCITY COUNCIL FINAL ENVIRONMENTAL IMPACT REPORT AGENDA DATE: FOR THE WARNER AVENUE IMPROVEMENTS SEPT. 1, 2015 AND WIDENING PROJECT ON WARNER AVE PUaLIC WORKS AGENCY BETWEEN MAIN ST AND GRAND AVE PAGE 1 OF 1 75B-6 EXHIBIT 4 Final Environmental Impact Report at: http://www.ci.santa-ana.ca.uslpwa/documents/DEIRLinkPage revisions8 19 2015.pdf 75B-7 EXHIBIT 4 Jxs 08/1Oil 5 RESOLUTION NO.2015-xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT (SCH # 2012101004), PERTAINING TO THE WARNER AVENUE IMPROVEMENT AND WIDENING PROJECT BETWEEN MAIN STREET AND GRAND AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1, The City Council of the City of Santa Ana hereby finds, determines and declares as follows; A. In compliance with the California Environmental Quality Act (CEQA) (Public Resources Code § 21000 et seq.) and Title XIV, California Code of Regulations, Section 15000 et. seq. (CEQA Guidelines), the City of Santa Ana has prepared an Environmental Impact Report (EIR) to analyze the environmental impacts associated with the implementation of the proposed Warner Avenue Improvement and Widening from Main Street to Grand Avenue, B. CEQA also requires that when a Draft EIR is submitted to the State Clearinghouse for review by state agencies, the public be given an opportunity to review and comment on the Draft EIR for a period of not less than 45 days. In accordance with this requirement the Draft EIR began its 45-day public review and comment period on January 12, 2015, with the review period ending on February 26, 2015. C. In response to written comments received, the City provided formal Response to Comments and EIR clarification or revision. In addition to fulfilling CEQA's requirement for public review, the City conducted two public meetings on February 3 and 7, 2015 in order to allow the public to provide oral testimony on the Draft EIR. D. The City received a total of 15 written comments and 28 verbal comments and evaluated all comments received from the persons or agencies that reviewed the Draft EIR, The City provided written responses to all agencies and members of the public commenting on the Draft EIR at least ten days prior to certification of the EIR. E, The Draft EIR, comments and recommendations received on the Draft EIR, Responses to Comments, and revisions made to the Draft EIR in response to those comments constitute the Final EIR. F, An extensive public outreach campaign was conducted throughout the project to provide opportunities for all stakeholders to play a meaningful role in the development of the plan. Beginning in May of 2012 with an Resolution No. 2015-xxx Page 1 of 6 75B-8 EXHIBIT 4 informational open house and ending in July 23, 2015. There have been a total of 11 community meetings. G. The City Council of the City of Santa Ana held a duly noticed public hearing on the above said actions for the Warner Avenue Improvement and Widening Project from Main Street to Grand Avenue on September 1, 2015, and at that time considered all testimony, written and oral. H. The City Council also adopts as findings all facts presented in the Request for Council Action dated September 1, 2015 accompanying this matter. I. The City has prepared Findings of Fact in compliance with Public Resources Code Sections 21081 and 21081.5 and CEQA Guidelines Section 15091 for every significant impact of the Warner Avenue Improvement and Widening Project from Main Street to Grand Avenue, including an explanation of the rationale for each finding. J. While the Draft EIR determined that most potential impacts could be mitigated to a less than significant level, it did find that implementation of the Warner Avenue Improvement and Widening Project from Main Street to Grand Avenue would result in significant and unavoidable impacts related to Noise during construction as well as Traffic Impacts during construction. K. The City has prepared a Statement of Overriding Considerations in compliance with Public Resources Code Sections 21081 and CEQA Guidelines Section 15093, which finds that specific economic, legal, social, technological or other benefits of the Warner Avenue Improvement and Widening Project from Main Street to Grand Avenue outweigh the significant and unavoidable impacts identified in the EIR. L. The City has prepared a Mitigation Monitoring and Reporting Program in compliance with Public Resources Code Sections 21081.6 and CEQA Guidelines Section 15097 to ensure compliance with the mitigation measures identified in the EIR during project implementation and operation. Section 2. The City Council of the City of Santa Ana further finds, determines and declares as follows: A. The City Council certifies that: 1) The Final EIR has been completed in compliance with CEQA. 2) The Final EIR was presented to the City Council of the City of Santa Ana, which reviewed and considered the information contained in the Final EIR prior to approving the project, and is incorporated herein by this reference as though set forth in full herein. 3) The Final EIR reflects the City of Santa Ana's independent judgment and analysis. Resolution No. 2015-xxx Page 2 of 6 75B-9 EXHIBIT 4 S. The City Council adopts the Findings of Fact and Statement of Overriding Considerations, attached to this Resolution as "Exhibit A" and incorporated herein by this reference as though set forth in full herein. C. The City Council adopts the Mitigation Monitoring and Reporting Program, attached to this Resolution as "Exhibit B" and incorporated herein by this reference as though set forth in full herein. D. All attached documents, including the Mitigation Monitoring and Reporting Program, the CEQA Findings of Fact and the Statement of Overriding Considerations, are hereby incorporated by reference as though set forth in full. Section 3. Pursuant to Title XIV, California Code of Regulations (CCR), Section 753.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the Warner Avenue Improvement and Widening Project from Main Street to Grand Avenue will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which. wildlife resources depend. The Warner Avenue Improvement and Widening Project from Main Street to Grand Avenue exist in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.4(c)(2) and Title XIV, CCR § 753.5, the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 6. This Resolution shall take effect immediately after its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 12015 Miguel A. Pulido Mayor Resolution No. 2015-xxx Page 3 of 6 75B-10 EXHIBIT 4 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney ,dos jSndova IChi sistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. NS-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2015-xxx Page 4 of 6 75B-11 EXHIBIT 4 Exhibit "A" Resdution No. 2015-xxx Page 5 of 6 75B-12 EXHIBIT 4 CEQA FINDINGS OF FACT WARNER AVENUE IMPROVEMENTS AND WIDENING FROM MAIN STREET TO GRAND AVENUE FINAL ENVIRONMENTAL IMPACT REPORT STATE CLEARINGHOUSE NO.2012101004 Exhibit A INTRODUCTION The California Environmental Quality Act (CEQA) requires that a number of written findings be made by the lead agency in connection with certification of an environmental impact report (EIR) prior to approval of the project (Sections 15091 and 15093 of the CEQA Guidelines and Section 21081 of the Public Resources Code). This document provides the findings required by CEQA and the specific reasons for considering the project acceptable even though the project has significant impacts that are infeasible to mitigate. The lead agency is responsible for the adequacy and objectivity of the EIR. The City of Santa Ana, as lead agency, has subjected the Draft EIR and Final EIR to its own review and analysis. The City of Santa Ana City Council certifies that the Draft EIR, Final EIR, and Findings of Fact reflect the independent judgment of the City. 1►�1�1►M-�7-1�Ce�Y�]�a [iJl—Y The City of Santa Ana, as lead agency, is required under CEQA to make written findings concerning each alternative and each significant environmental impact identified in the Draft EIR and Final EIR. CEQA Guidelines Section 15091 provides: (a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible Endings are: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. CEQA Findings of Fact - 1 - Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B-13 EXHIBIT 4 (b) The Endings required by subsection (a) shall be supported by substantial evidence in the record. (c) The finding in subdivision (a)(2) shall not be made if the agency malting the Ending has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. The finding in subsection (a)(3) shall describe the specific reasons for rejecting identified mitigation measures and project alternatives. (d) When making the findings required in subdivision (a)(1), the agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to avoid or substantially lessen significant environmental effects. These measures must be fully enforceable through permit conditions, agreements, or other measures. (e) The public agency shall specify the location and custodian of the documents or other material which constitute the record of the proceedings upon which its decision is based. (f) A statement made pursuant to Section 15093 does not substitute for the Endings required by this section. The "changes or alterations" referred to in Section 15091(a)(1) may include a wide variety of measures or actions, as set forth in Guidelines Section 15370, including: (a) Avoiding the impact altogether by not taking a certain action or parts of an action. (b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation. (c) Rectifying the impact by repairing, rehabilitating, or restoring the impacted environment. (d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action. (e) Compensating for the impact by replacing or providing substitute resources or environments. E. ENVIRONMENTAL REVIEW PROCESS The Final FIR includes the Draft EIR dated January 12, 2015, written comments on the Draft EIR that were received during the public review period, and written responses to those comments and changes to the Draft FIR, and revisions to the Draft FIR based on agency comments (hereinafter referred to collectively as the Final FIR), In conformance with CEQA and the State CEQA Guidelines, the City conducted an extensive environmental review of the proposed project. The environmental review process has included: CEQA Findings of Fact - 2 - Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B-14 EXHIBIT 4 Completion of an Initial Study (IS) and Notice of Preparation (NOP), which concluded that an EIR would be prepared. The NOP was released for a 30-day public review period from October 1, 2012, to October 30, 2012. The NOP was posted at the Orange County Clerk -Recorder's office on October 1, 2012. Copies of the IS were made available for public review at Santa Ana City Hall, Santa Ana Public Works Agency office, and Santa Ana Main Library. ■ During the scoping process, the public was invited by the City to participate in a scoping meeting held on October 18, 2012, at the Manuel Esqueda Elementary School Multipurpose Room. The notice of a public scoping meeting was included in the NOP. The Draft EIR was made available for a 45-day public review period from January 12, 2015, to February 26, 2015, The Draft EIR analyzed impacts to air quality, cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use, noise, population and housing, transportation and traffic, and utilities and service systems. The Draft EIR analysis identified that the proposed project would result in significant environmental impacts related to noise and traffic during construction. All other CEQA-related environmental impacts were found to be less than significant with mitigation measures incorporated. The Notice of Availability for the Draft EIR (NOA) and the Draft EIR were sent to agencies, organizations and interested persons, and to the Governor's Office of Planning and Research, State Clearinghouse for distribution to state agencies. The NOA was posted at the Orange County Clerk -Recorder's office on January 8, 2015 and. Copies of the NOA and Draft EIR were made available for public review at the Santa Ana City Clerk's Office, Santa Ana Publics Works Agency, Santa Ana Main Library, and the Delhi Center. NOA was mailed to over 1,400 addresses; hand delivered to all properties adjacent to Warner Avenue between Main Street and Grand Avenue, including individual units in two apartment complexes within 500 feet of the project; published in Orange County Register and the Excelsior newspapers. The City held over 35 meetings relating to the Warner Avenue hprovements and Widening Project. The meetings covered and gathered feedback on various topics including project benefits, the EIR, and the property acquisition/relocation process.. The City has exceeded its obligation for public outreach for this project under the California Environmental Quality Act (CEQA). All public meetings have had a Spanish interpreter; and certain documents, such as the right-of-way process and meeting notices, have been translated to Spanish. Additionally, Spanish & Vietnamese translation was offered at each individual meeting. The Final EIR included the Draft EIR written comments, verbal comments from two Draft EIR public meetings, responses to all comments, and revisions to the Draft EIR. The Final EIR was released for a 10-day agency review period prior to certification of the Final EIR. ■ Public hearing will be held for the proposed project: City Council on September 1, 2015. C. RECORD OF PROCEEDINGS For purposes of CEQA and these Findings, the record of proceedings for the proposed project consists of the following documents and other evidence, at a minimum: ■ The NOP, NOA, and all other public notices issued by the City in conjunction with the proposed project. CEQA Findings of Fact - 3 - Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B-15 EXHIBIT 4 ■ The Final EIR, which includes the Draft EIR, for the proposed project. r All written and verbal comments from the Draft EIR public meeting by agencies, organizations, and interested parties during the Draft EIR public review comment period. ■ All responses to Draft FIR written and recorded verbal comments. ■ The mitigation monitoring and reporting program. ■ The reports, studies, and technical memoranda included or referenced in the Final EIR. ■ All documents, studies, EIRs, or other materials incorporated by reference in the Final EIR. ■ The resolutions adopted by the City in connection with the proposed project, and all documents incorporated by reference therein. • Matters of common knowledge to the City, including but not limited to federal, state, and local laws and regulations. ■ Any documents expressly cited in these Findings. ■ Any other relevant materials required to be in the record of proceedings by Public Resources Code Section 21167.6(e). D. CUSTODIAN AND LOCATION OF RECORDS The documents and other material that constitute the record of proceedings on which these findings are based, are located at the City of Santa Ana Public Works Office, City Hall, 20 Civic Center Plaza, 3rd Floor, Santa Ana, CA 92701. The custodian for these documents is the City of Santa Ana. This information is provided in compliance with Public Resources Code Section 21481.6(a)(2) and 14 California Code of Regulations Section 15091(e). E. PROJECT SUMMARY The proposed project entails the improvements and widening of Warner Avenue from Main Street to Grand Avenue to a total of six lanes (three lanes in each direction) with related improvements such as raised landscaped medians and parkway, wider sidewalks, dedicated bike lanes, increased storm drain size, bus locations, and the undergrounding of existing utilities along the project segment (see table below). Pr oiect Cross Section Detail Existing Conditions Proposed Project Travel lanes 4 6 Lane width 10 to 12 feet 11-foot Raised median none 14-foot Bike lanes none 5-foot Sidewalk & Parkway 4 to 10 feet 10-foot Total ROW 70 to 120 feet 110 feet CEQA Findings of Fact -4- Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B-16 EXHIBIT 4 To implement the road improvements and widening, acquisition of public and private properties cannot be avoided. As proposed (based on assessor parcel numbers, APNs), 30 full parcels and 8 partial parcels would require acquisition along the north side of Warner Avenue from Main Street to Standard Avenue. On the south side of Warner Avenue, 5 full parcels and 19 partial parcels would require acquisition between Main Street and Brookhollow Drive. The City would comply with the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and the State of California Relocation Guidelines under Title 25, Division 1, Chapter 6, of the California Code of Regulations. A specific relocation plan would be prepared, and all displaced persons would be contacted by a relocation agent, who is responsible for ensuring that displaced persons receive full relocation benefits, including advisory assistance, and that all activities are conducted in accordance with federal and state regulations. F. PROJECT OBJECTIVES ■ Design and construct Warner Avenue to be consistent with the City's General Plan Circulation Element and County of Orange Master Plan of Arterial Highways (MPAH) designation as a major arterial. ■ Alleviate traffic congestion and delays within the Wanner Avenue project limits. ■ Provide roadway capacity to accommodate existing and future traffic volumes. ■ Increase vehicular safety and reduce accidents by removing left turn hazards. ■ Comply with the Complete Streets Act by providing safe and accessible travel for bicyclist, pedestrians, and wheelchairs through new bike lanes and wider parkway and sidewalks. ■ Minimize property acquisition including public facilities. ■ Improve stormwater drainage and water quality. G. SUMMARY OF ENVIRONMENTAL IMPACTS Based on the Initial Study and Draft EIR, the following is a summary of the environmental topics considered to have no impact, a less than significant impact, a less than significant impact with incorporation of mitigation measures, and a significant and unavoidable impact. No Impact ■ Agriculture and Forestry Resources ■ Mineral Resources Less Than Significant Impact ■ Aesthetics ■ Biological Resources ■ Geology and Soils ■ Greenhouse Gas Emissions CEQA Findings of Fact - 5 - Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B-17 EXHIBIT 4 ■ Hazards and Hazardous Materials Hydrology and Water Quality ■ Land Use and Planning ■ Population and Housing ■ Public Services ■ Recreation ■ Utilities and Service Systems Less Than Significant Impact with Mitigation Incorporated ■ Air Quality (Construction) ■ Cultural Resources (Archaeological) Significant and Unavoidable Impact ■ Noise (Construction) ■ Transportation and Traffic (Construction) II. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS A. IMPACTS MITIGATED TO LESS THAN SIGNIFICANT The following summary describes impacts of the proposed project that, without mitigation, would result in significant adverse impacts. Upon implementation of the mitigation measures provided in the Draft EIR, these impacts would be considered less than significant. Air Quality Impact 5.1-4 Construction activities associated with the proposed project could expose sensitive receptors to substantial pollutant concentrations of coarse particulate matter (PM10)• Facts in Support of Finding: Support for this environmental impact conclusion is fully discussed starting on page 5.1-16 of Section 5.1, Air Quality, of the Draft EIR. The maximum daily emissions of PM10 generated during demolition and debris -hauling activities would exceed the PMio LST. Consequently, impacts to localized air quality from project -related construction activities would be potentially significant. Mitigation Measure AQ-1 Prior to construction contract award, the City of Santa Ana shall specify in the construction special provisions that the construction contractor shall include limitations on the amount of roadway debris to be removed from the site. During dernolition of the roadway including asphalt, roadbed, curb, gutter, and sidewalks, the contractor shall limit the daily amount of demolition debris haul to a maximum of 38 trucks per day if 12-tan capacity haul trucks are used, assuming a one-way haul distance of 9 miles. If truck haul distance for roadway debris is greater than 9 miles, CEQA Findings of Fact - 6 - Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B-18 EXHIBIT 4 then hauling shall be restricted to no more than 684 miles per day. The demolition debris hauling phase shall not overlap with any other construction phases, including grading. These requirements shall be noted on all construction management plans and verified by the City of Santa. Ana during demolition and grading activities. Finding: Changes or alterations have been required in or incorporated into the project that avoid or substantially lessen the significant environmental effect identified in the Final EIR. These changes are identified in the form of a mitigation measure, presented above. Impact 5.1-4 would be less than significant with mitigation. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and it is therefore adopted. Cultural Resources Impact 5.2-2 Project -related earthwork may result in a substantial adverse change in the significance of an archaeological resource. Facts in Support of Finding: Support for this environmental impact conclusion is fully discussed starting on page 5.2-10 of Section 5.2, Cultural Resources, of the Draft EIR. The project would involve ground disturbance up to a depth of about 30 inches. The total area of disturbance for the road widening is estimated as 24.7 acres. Although, the project site is already disturbed and developed, because of the early development in this area, previously undiscovered archaeological resources could be damaged during construction. The possible destruction of archaeological resources is considered a significant impact. Mitigation Measures CUL-1 Prior to the initiation of project -related earthmoving activities, the City of Santa Ana project manager or their designee shall retain a county -certified qualified archaeologist. The archaeologist must have knowledge of both prehistoric and historical archaeology, and shall remain on call in the event of a discovery. CUL-2 Prior to the start of ground -disturbing activities on the project site, the City of Santa Ana project manager or their designee shall ensure that a qualified archaeologist or another mitigation program staff member has conducted cultural resources sensitivity training for all construction workers involved in moving soil or working near soil disturbance. • Construction personnel, including heavy -equipment operators, shall be briefed on procedures to be followed in the event that cultural remains are encountered by earthmoving activities. • Preconstruction training shall include: o Review the types of archaeological resources that might be found o Review of laws and applicable requirements concerning the protection of cultural resources o Prehistoric or historic cultural resource discovery procedures CEQA Findings of Fact - 7 - Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B-19 EXHIBIT 4 • The briefing shall be presented to new contractor personnel as necessary • Names and telephone numbers of the monitor and other mitigation program personnel shall be provided to appropriate construction personnel CUL-3 During project -related carthmoving activities, if cultural resources are discovered, a qualified archaeologist shall prepare a cultural resource monitoring plan. The cultural resource monitoring plan shall outline when and for how long monitoring shall occur; where on the site monitoring shall be required; methods of monitoring; types of artifacts anticipated; procedures for temporary stop and redirection of work to pen -nit sampling, identification, and evaluation of possible resources; procedures for additional analysis; and accommodation and procedures for Native American monitors, if any. Finding: Changes or alterations have been required in or incorporated into the project that avoid or substantially lessen the significant environmental effect identified in the Final EIR. These changes are identified in the form of a mitigation measure, presented above. Impact 5.2-2 would be less than significant with mitigation. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and it is therefore adopted. Noise Impact 5.8-1 Long-term operations due to expansion of Warner Avenue from four to six lanes would expose noise -sensitive land uses to ambient noise levels that exceed the City's noise compatibility criteria. Facts in Support of Finding: Support for this environmental impact conclusion is fully discussed starting on page 5.8-13 of Section 5.8, Noise, of the Draft EIR. Widening of Warner Avenue from four to six lanes would require demolition of the first row of structures along the north side of Warner Avenue, thereby exposing the second row receptors along Warner .Avenue to roadway noise. In addition, expansion of Warner Avenue would change the lane aligninents, resulting in locations where travel lanes would be closer to the nearest buildings. The combination of these two impacts could substantially increase exterior and interior noise levels at the noise -sensitive land uses along Warner Avenue. Mitigation Measure N-1 Prior to final engineering plan approval, when detailed roadway alignment, landscape plans, and elevations are available, a final noise study shall be prepared to identify specific sound wall locations along receptors that would be significantly impacted by the project. With current information significantly affected properties are listed in Table 5.8-12, Figure 5.8-2 shows the sound wall locations and heights that would reduce noise impacts to levels below significance. For aesthetic purposes, the City can use the alternative wall location shown on Figure 5.8-2; however, one of the two wall locations is required to provide sound attenuation to meet City of Santa Ana noise standards. Sound walls shall be solid from the ground to the top with no decorative cutouts and shall weigh at least 3.5 pounds per square foot of face area. The sound walls may be constructed using masonry block, '/-inch thick glass, or other transparent material with sufficient weight per square foot. The need, location, CEQA Findings of Fact - 8 - Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B-20 EXHIBIT 4 and height of sound walls/walls shall be determined based on the conclusions of the final acoustical report and the final pad elevations of the grading plan. All walls determined to be necessary for noise mitigation by the final acoustical report shall be incorporated into the final roadway construction plans. Finding: Changes or alterations have been required in or incorporated into the project that avoid or substantially lessen the significant environmental effect identified in the Final EIR. These changes are identified in the form of a mitigation measure, presented above. Impact 5.8-1 would be less than significant with mitigation. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and it is therefore adopted. Impact 5.8-2 Construction activities would expose sensitive uses to groundborne vibration levels that would be perceptible and potentially cause architectural damage at homes. Facts in Support of Finding: Support for this environmental impact conclusion is fully discussed starting on page 5.8-16 of Section 5.8, Noise, of the Draft EIR. Groundborne vibration would be generated by the proposed project during construction activities, primarily during the demolition, grading, and foundation phases. At a distance of 25 feet, vibration levels generated by a vibratory roller would exceed the FTA threshold and would have the potential to cause architectural damage at existing structures. Mitigation Measure N-2 The use of vibratory rollers shall be prohibited within 30 feet of a residential structure. If soil compacting is required within 30 feet of a residential structure, static rollers shall be employed. Finding: Changes or alterations have been required in or incorporated into the project that avoid or substantially lessen the significant environmental effect identified in the Final EIR. These changes are identified in the form of a mitigation measure, presented above. Impact 5.8-2 would be less than significant with mitigation. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and it is therefore adopted. Transportation and Traffic Impact 5.10-6 Project construction may require additional temporary safety measures to assure safe routes to schools for elementary schools next to the project site. Facts in Support of Finding: Support for this environmental impact conclusion is fully discussed starting on page 5.10-28 of Section 5.10, Transportation and Traffic, of the Draft EIR. There are two schools next to the project site: James Monroe Elementary School at 417 East Central Avenue along the south side of Warner Avenue near its intersection with Oak Street; and Manuel Esqueda Elementary School at 2240 South Main Street at the northwest corner of the intersection of Warner Avenue and Main Street. Temporary changes to roadway and intersection configuration during project construction, including changes to crosswalks and pedestrian crossing signals, may require additional, temporary safety measures for students and other CEQA Findings of Fact - 9 - Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B-21 EXHIBIT 4 pedestrians during project construction. Mitigation Measure T-2 Prior to the beginning of any utility relocation, demolition, or construction work, a detailed construction traffic control plan shall be prepared by a licensed civil engineer. The construction traffic control plan shall be based on the most recent version of the Greenbook: Standard Specifications for Public Works Construction (federal); California Department of Transportation California Manual on Uniform Traffic Control Devices (state); Southern California Chapter of the American Public Works Association Work Area Traffic Control Handbook; and City Standard Provisions (local). The traffic control plan shall include extensive public outreach and public awareness through the use of mailers and notices in local papers and other publications. T-3 The construction traffic control plan required by Mitigation Measure T-2 shall include addition of any needed temporary safety measures to the Safe Routes to Schools plans for Jaques Monroe Elementary School and Manuel Esqueda Elementary School. Finding: Changes or alterations have been required in or incorporated into the project that avoid or substantially lessen the significant environmental effect identified in the Final EIR. These changes are identified in the form of a mitigation measure, presented above. Impact 5.10-6 would be less than significant with mitigation. The City of Santa Ana hereby finds that implementation of the mitigation measures are feasible, and they are therefore adopted. Impact 5.10-7 The project could require temporary alterations, including rerouting, of OCTA bus services during project construction; and permanent relocation of the bus stop at Warner Avenue and Standard Avenue for the proposed reconfiguration of the Cherry Aerospace access improvements. Facts in Support of Finding: Support for this environmental impact conclusion is fully discussed starting on page 5.10-28 of Section 5.10, Transportation and Traffic, of the Draft EIR. The proposed truck access reconfiguration and concrete access pad for the Cherry Aerospace facility could potentially impact OCTA bus operations at the existing Warner Avenue/Standard Avenue bus stop. Therefore, project construction could require temporary alteration, which may include rerouting, of OCTA bus routes 53, 55, 72 and 463 serving Warner Avenue between Main Street and Grand Avenue. Construction of the proposed truck access reconfiguration and concrete access pad for the Cherry Aerospace facility would require permanent relocation of the OCTA bus stop for eastbound Route 72, which is now located between Cherry Aerospace driveways. Mitigation Measure T-4 At least three months before the start of any project work that could impact the Warner Avenue roadway, concrete pads at existing bus stops in the project site, or sidewalks, the City of Santa Ana and the project traffic engineer shall coordinate with the Orange County Transportation Authority to specify any needed temporary alterations of service on OCTA Routes 53, 55, 72, and 463. Such alterations may include rerouting bus routes off of Warner Avenue in the project site and permanent CEQA Findings of Fact -10 - Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B-22 EXHIBIT 4 relocation of the bus stop at Standard Avenue and Warner Avenue due to the proposed truck turn -out for Cherry Aerospace. Finding: Changes or alterations have been required in or incorporated into the project that avoid or substantially lessen the significant environmental effect identified in the Final EIR. These changes are identified in the form of a mitigation measure, presented above. Impact 5.10-7 would be less than significant with mitigation. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and it is therefore adopted. B. SIGNIFICANT UNAVOIDABLE IMPACTS The following summary describes the unavoidable impacts of the proposed project where mitigation measures were found to be infeasible, or they would not reduce impacts to less than significant. The following impact would remain significant and unavoidable. Noise Impact 5.8-3 Construction activities would substantially elevate noise levels in the vicinity of noise -sensitive land uses for an extended duration. Facts in Support of Finding: Support for this environmental impact conclusion is fully discussed starting on page 5.8-19 of Section 5.8, Noise, of the Draft EIR. Short-term noise would be associated with the site preparation, grading, and building construction of the proposed road widening. While the magnitude of the noise would, at times, be up to 86 dBA Le,, it would fluctuate throughout the workday because equipment would not be in use at one location for an extended period of time. Operation of heavy earthmoving equipment has the potential to substantially elevate noise levels at nearby residential areas for an extended duration over several months; construction noise is considered significant. Mitigation Measures N-1 Prior to final engineering plan approval, when detailed roadway alignment, landscape plans, and elevations are available, a final noise study shall be prepared to identify specific sound wall locations along receptors that would be significantly impacted by the project. With current information significantly affected properties are listed in Table 5a8-12. Figure 5.8-2 shows the sound wall locations and heights that would reduce noise impacts to levels below significance. For aesthetic purposes, the City can use the alternative wall location shown on Figure 5.8-2; however, one of the two wall locations is required to provide sound attenuation to meet City of Santa Ana noise standards. Sound walls shall be solid from the ground to the top with no decorative cutouts and shall weigh at least 3.5 pounds per square foot of face area. The sound walls may be constructed using masonry block, '/-inch thick glass, or other transparent material with sufficient weight per square foot. The need, location, and height of sound walls/walls shall be determined based on the conclusions of the final acoustical report and the final pad elevations of the grading plan. All walls detennined to be necessary for noise mitigation by the final acoustical report shall be incorporated into the final roadway construction plans. N-2 The use of vibratory rollers shall be prohibited within 30 feet of a residential CEQA Findings of Fact - 11 - Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B-23 EXHIBIT 4 structure. If soil compacting is required within 30 feet of a residential structure, static rollers shall be employed. N-3 Prior to the start of grading, the construction contractor shall provide evidence acceptable to the Public Works Director, or designee, that: a. All construction vehicles and equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers; mufflers shall be equivalent to or of greater noise reducing performance than manufacturer's standard. b. Stationary equipment, such as generators, cranes, and air compressors, shall be located as far from adjacent residences and James Monroe Elementary School as feasible. c. Equipment maintenance, vehicle parking, and material staging areas shall be located as far away from adjacent residences and James Monroe Elementary School as feasible. N-4 The recommended sound walls described in N-1 shall be constructed as soon as practicable to minimize temporary construction -related noise impacts during implementation of the project. Finding: Changes or alterations have been required in or incorporated into the project that avoid or substantially lessen the significant environmental effect identified in the Final EIR. These changes are identified in the form of a mitigation measure, presented above. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and it is therefore adopted. Mitigation Measures N-1 through N-4 would reduce noise generated by construction activities to the extent feasible. However, due to the amount of heavy construction equipment required and duration of construction activities, Impact 5.8-3 would remain significant and unavoidable and a Statement of Overriding Considerations is required. Transportation and Traffic Impact 5.10-3 Project construction may result in temporary impacts to levels of service at Warner Avenue/Main Street and Warner Avenue/Halladay Street intersections. Facts in Support of Finding: Support for this environmental impact conclusion is fully discussed starting on page 5.10-26 of Section 5.10, Transportation and Traffic, of the Draft EIR. The analysis determined that three studied intersections would continue to operate at acceptable LOS D or better and two intersections would operate at unacceptable LOS: Main Street and Warner Avenue at LOS E during PM peak hour, and Halladay Street and Warner Avenue at LOS F during PM peak hour. Additionally, because the Maple Street and Warner Avenue intersection is unsignalized, the delay would be worsened in the north and south directions. These impacts would be temporary, and traffic flow would improve once the construction is complete. Short- term roadway closures would occur during removal and relocation of overhead electrical poles. CEQA Findings of Fact - 12 - Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B-24 EXHIBIT 4 Mitigation Measures T-1 Any temporary lane closures shall be limited to non -rush-hour periods. Directions to alternative routes shall be provided to drivers, bicyclists, and pedestrians during road closures. Road closures shall not last over 24 hours without advance written approval of the Executive Director of the City of Santa Ana Public Works Agency or designee. T-2 Prior to the beginning of any utility relocation, demolition, or construction work, a detailed construction traffic control plan shall be prepared by a licensed civil engineer. The construction traffic control plan shall be based on the most recent version of the Greenbook: Standard Specifications for Public Works Construction (federal); California Department of Transportation California Manual on Uniform Traffic Control Devices (state); Southern California Chapter of the American Public Works Association Work Area Traffic Control Handbook; and City Standard Provisions (local). The traffic control plan shall include extensive public outreach and public awareness through the use of mailers and notices in local papers and other publications. Finding: Changes or alterations have been required in or incorporated into the project that avoid or substantially lessen the significant environmental effect identified in the Final EIR. These changes are identified in the farm of a mitigation measure, presented above. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and it is therefore adopted. Mitigation Measures T-1 and T-2 would reduce construction -related traffic impacts to the extent feasible. However, due to the reduction in travel lanes and duration of construction activities, Impact 5.10-3 would remain significant and unavoidable and a Statement of Overriding Considerations is required. III. FINDINGS ON PROJECT ALTERNATIVES The CEQA Guidelines (Section 15126[a]) state that an FIR must address "a range of reasonable alternatives to the project, or to the Iocation of the project, which could feasibly attain the basic objectives of the project, but would avoid or substantially lessen any of the significant effects of the project and evaluate the comparative merits of the alternatives." The alternatives were based, in part, on their potential ability to reduce or eliminate the impacts determined to be significant and unavoidable for the proposed project even after implementation of all feasible mitigation measures. As described in Chapter 7 of this Draft EIR, five project alternatives were identified, considered, and rejected from further analysis as described below: • Alternative Project Site + Preliminary Engineering Alternatives 0 100 ROW a 110 Center Alternative 0 120 North Alternative 0 120 Center Alternative Four project alternatives were identified and analyzed for relative impacts as compared to the proposed project: • No Project Alternative CEQA Findings of Fact -13 - Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B-25 EXHIBIT 4 • 110 South Alternative • 120 South Alternative • Revised Construction Alternative The alternatives analyzed in the EIR were determined to represent a reasonable range of alternatives with the potential to feasibly attain most of the basic objectives of the project but avoid or substantially lessen any of the significant effects of the project. A. No Project Alternative Section 15126.6(e) of the CEQA Guidelines requires the analysis of a No Project Alternative. This No Project analysis must discuss the existing condition, as well as what would be reasonably expected to occur in the foreseeable future if the project were not to be approved. In this alternative Warner Avenue from Main Street to Grand Avenue is not widened, and the existing roadway configuration and intersection traffic controls remain as is. The new bicycle lanes and improved sidewalks included in the proposed project would not be constructed. No properties would be acquired, and no buildings demolished for roadway widening. Drainage improvements included in the proposed project would not be installed. Facts in Support of Finding: ■ This alternative would meet one project objective, Objective 6 —minimizing property acquisition including public facilities — but would not meet any of the other project objectives. ■ This alternative would increase impacts on geology and soils, hydrology and water quality, transportation and traffic, and utilities and service systems. ■ This alternative would avoid one significant and unavoidable impact, (construction noise), but would increase the significant and unavoidable impact related to construction - phase traffic. Finding: The City of Santa Ana finds, based on the Final EIR and the whole of the record, that the No Project Alternative is less desirable than the proposed project. Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities fox highly trained workers, make this alternative less than desirable than the proposed project. Public Resources Code § 21081 [a][3], Guidelines § 15091 [a] [3]). S. 110 South Alternative This alternative would use a I I0-foot total ROW width, a modified Major Arterial ROW, and would align the road widening mostly on the south of the existing centerline. The ROW includes six 11-foot lanes, a 14-foot-wide raised landscaped median, 5-foot shoulder/bike lanes, and 10- foot parkway and sidewalk. This alternative would require 25 full and 31 partial parcel acquisitions. Compared to the proposed project, the major differences with this alignment are the acquisition and building removal of three additional commercial parcels (at the strip commercial center) and one industrial parcel (Cherry Aerospace). Partial impacts to industrial parcels on the north side of Warner Avenue would be reduced. The majority of impacts to full residential parcels would be shifted from the north to the south side of Warner Avenue and result in. the reduction of 10 full CEQA Findings of Fact -14 - Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B-26 EXHIBIT 4 acquisitions, and an increase of 4 partial acquisitions, compared to the proposed project. Facts in Support of Finding: ■ This alternative would achieve all project objectives. ■ This alternative would reduce the number of residential parcels that would be affected by construction noise; however, this impact would remain significant and unavoidable in this alternative, as it would for the proposed project. ■ The 110 South Alternative would reduce environmental impacts to population and housing; all other environmental topics would be similar to the proposed project. ■ This alternative would result in the loss of a strip of property along the north side of James Monroe EIementary School, National Guard Armory, and Delhi Park and the demolition of Cherry Aerospace, a large industrial parcel that provides the community with income and employment opportunities. While fewer homes would be demolished under this alternative, the demolition of Cherry Aerospace would not be an economically feasible substitute. Additionally, the impact to public facilities would have greater effects to the community compared to the proposed project. ■ Land use and planning impacts would be greater than the proposed project. Finding: The City of Santa Ana finds, based on the Final EIR and the whole of the record, that the 110 South Alternative is less desirable than the proposed project. Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make this alternative less than desirable than the proposed project. Public Resources Code § 21081 [a] [3], Guidelines § 15091 [a] [3]). C. 120 South Alternative This alternative would use a 120-foot total ROW width, the City of Santa Ana standard Major Arterial ROW, and would align most of the road widening to the south of the existing centerline. The ROW includes six 12-foot lanes, a 14-foot-wide raised landscaped median, 7-foot shoulder/bike lanes, and 10-foot parkway and sidewalk. This alternative would require 31 full and 25 partial parcel acquisitions. Compared to the proposed project, the major differences with this alignment are the acquisition and building removal of three additional commercial parcels (at the strip commercial center), the fire station, and two industrial parcels (Cherry Aerospace and H&H asphalt). The majority of impacts to full residential parcels would be shifted from the north to the south side of Warner Avenue and result in the reduction of 4 full acquisitions. Facts in Support of Finding: ■ This alternative would result in the loss of a significant strip of property along Warner Avenue at the Monroe Elementary School, National Guard Armory, and Delhi Park. ■ This alternative would not reduce cither of the significant and unavoidable impacts of the proposed project, and would increase environmental impacts to air quality, greenhouse gas emissions, and hazards and hazardous materials. Long tern traffic noise impacts may be reduced. All other environmental topics would be similar to the proposed project. CEQA Findings of Fact - 15 - Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B-27 EXHIBIT 4 ■ This alternative would achieve all project objectives Finding: The City of Santa Ana finds, based on the Final FIR and the whole of the record, that the 120 South Alternative is less desirable than the proposed project. Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers and the effects to the community, make this alternative less than desirable than the proposed project. Public Resources Code § 21081[a][3], Guidelines § 15091[a][3]). D. Revised Construction Alternative The operation of heavy earthmoving equipment would substantially elevate noise levels near residential areas and schools (considered sensitive noise receptors) over several months; therefore, construction noise is considered significant. This alternative would reduce the number of heavy earthmoving equipment and construction activities occurring daily and extend construction schedule as shown in the table below, and would reduce construction -related noise impacts. In most cases the pieces of equipment would be reduced by half and the duration of each phase of construction would be doubled. Revised Construction Alternative Right -of -Way Clearance Demolition of Existing Structures 2 backhoes and 1 front- 3 months' 1 backhoe and 1 front- 6 months' end loader end loader OHE Removal 2 cranes and 1 pole- 6 months' 1 crane and 1 pole- 12 months' pulling machine pulling machine 2. Roadway Construction Demolition of AC/Curb/Cutter 1 front-end loader with 3 days2 1 front-end loader with 6 days2 breaker attachment breaker attachment Excavation/Removal of Fill and Subbase 2 backhoes and 1 front- 5 days2 1 backhoe and 1 front- 10 days' end loader end loader Foundation Construction 1 paver & 2 rollers 17 days' 1 paver & 1 roller 34 days' Paving 1 paver & 2 rollers 17 days' 1 paver & 1 roller 34 day32 Note: Duration of each phase is approximate. ' ROW clearance, demolition, and removal of buildings, pads, and poles would be done over 3 to 5 years as parcels are acqulred by the City. 2 Duration is for each side of the street required for widening in 0.25-mile segments. For example, laying pavement would take 17 days for a 0.25-mile section on the north side of Warner Avenue and another 17 days for a 0.25-mile section on the south side of Warner Avenue. Facts in Support of Finding: ■ Impacts related to construction transportation and traffic — one of the two significant and unavoidable impacts — would be greater than for the proposed project. All other environmental topics would be similar to the proposed project. Construction noise impacts would be reduced, but not to less than significant levels. Impacts would remain significant and unavoidable. ■ This alternative would achieve all project objectives CEQA Findings of Fact -16 - Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B-28 EXHIBIT 4 Finding: The City of Santa Ana finds, based on the Final EIR and the whole of the record, that the Revised Construction Alternative is less desirable than the proposed project. Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, and the effects to the community, make this alternative less than desirable than the proposed project. Public Resources Code § 21081 [a] [3], Guidelines § 15091 [a] [3]). CEQA Findings of Fact - 17 - Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B-29 EXHIBIT 4 CEQA STATEMENT OF OVERRIDING CONSIDERATIONS WARNER AVENUE IMPROVEMENTS AND WIDENING FROM MAIN STREET TO GRAND AVENUE M:3,1.►/l_A.�1►[U 1:►Z��►f►� I �1►Y 11�.11.1►� 17[iJl I� 7 �IRIJ:711 STATE CLEARINGHOUSE NO.2012101004 Exhibit B I. INTRODUCTION The City of Santa Ana (City) is the lead agency under the California Environmental Quality Act (CEQA) and is responsible for preparation, review, and certification of the Final Environmental Impact Report (Final EIR) for the Warner Avenue Improvements and Widening from Main Street to Grand Avenue. As the lead agency, the City is also responsible for determining the potential environmental impacts of the proposed action, which of those impacts are significant, and therefore require mitigation measures to avoid or minimize those impacts. CEQA then requires the lead agency to balance the benefits of the proposed action against its significant unavoidable adverse environmental impacts before determining whether or not to approve the proposed project. In making this determination, the City complies with the Section 15093 of the CEQA Guidelines, which provides: (a) CEQA requires the decision -making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." (b) When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the Final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the Final EIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. (c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091. In addition, Public Resources Code, Section 21081(b), requires that where a public agency finds that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in an EIR and thereby leave significant unavoidable effects, the public agency must also -find that overriding economic, legal, CEQA Statement of Overriding Considerations - 1 - Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B-30 EXHIBIT 4 social, technological, or other benefits of the project outweigh the significant effects of the proj ect. Pursuant to Public Resources Code Section 21081(b) and the State CEQA Guidelines Section 15093, the City has balanced the benefits of the project against the following unavoidable adverse impacts associated with the project and has adopted all feasible mitigation measures with respect to these impacts. The City also has examined alternatives to the project, none of which both meets the project objectives and is environmentally preferable to the proposed project for the reasons discussed in the Findings and Facts in Support of Findings. II. SIGNIFICANT AND UNAVOIDABLE ADVERSE IMPACTS Although most potential project -related impacts have been substantially reduced or avoided through mitigation, as described in the Findings of Fact, there remain some impacts for which complete mitigation is not feasible. For some impacts, mitigation measures were identified and adopted, but even with implementation of the measures, the City finds that the impact cannot be reduced to a less than significant level. The Final EIR identified the following project -related significant unavoidable adverse impacts. A. NOISE — Construction Construction activities would substantially elevate noise levels in the vicinity of noise -sensitive Iand uses for an extended duration. Short-term noise would be associated with the site preparation, grading, and building construction of the proposed road widening. The existing noise levels at receptors along Warner Avenue range from 69.5 to 72.8 dBA Leq. Each construction phase would generate noise levels ranging from 82 to 87 dBA Leq at 25 feet; however it would fluctuate throughout the workday because equipment would not be in use at one location for an extended period of time. Because the operation of heavy earthmoving equipment has the potential to substantially elevate noise levels at nearby residential areas for an extended duration over several months, construction noise is considered significant. Mitigation Measure N-1 requires the Iocation of sound walls included in final roadway construction plans; Mitigation Measure N-2 requires that vibratory rollers not be used within 30 feet of homes; Mitigation Measure N-3 puts restrictions on construction vehicles and equipment; and Mitigation Measure N-4 requires early construction of permanent sound walls. Mitigation Measures N-1, N-2, N-3, and N-4 would reduce noise generated by construction activities to the extent feasible; however, construction -phase noise impacts are still anticipated to occur; therefore, this impact is considered significant and unavoidable. B. TRANSPORTATION AND TRAFFIC — Construction Project construction would temporary affect traffic flow along Warner Avenue and surrounding streets, and significantly impact Warner Avenue/Main Street and Warner Avenue/IIalladay Street intersections. Construction would be completed in linear segments so the entire length of Warner Avenue within the project limits is not disrupted at once. During demolition and construction, the four existing travel lanes on Warner Avenue would be narrowed to two lanes, one lane in each CEQA Statement of Overriding Considerations - 2 - Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B-31 EXHIBIT 4 direction, along the side opposite the area of construction. Where lane closures during peak periods cannot be avoided, traffic would be managed to give priority to the direction that has the heaviest traffic. Short-term roadway closures would occur during removal and relocation of overhead electrical poles. Two intersections would operate at unacceptable LOS during the construction phase: Main Street and Warner Avenue at LOS E during PM peak hour, and Halladay Street and Warner Avenue at LOS F during PM peak hour. Mitigation Measure T-1 requires that lane closures avoid non -rush-hour periods. Mitigation Measure T-2 requires that a construction traffic management plan identifying construction traffic control requirements, traffic detours, and other necessary measures be implemented. The measure also requires extensive public notification about the construction. Mitigation Measures T-1 and T-2 would reduce traffic delays caused by construction activities to the extent feasible; however, construction -phase traffic impacts are still anticipated to occur; therefore, this impact is considered significant and unavoidable. III. CONSIDERATIONS IN SUPPORT OF THE STATEMENT OF OVERRIDING CONSIDERATIONS After balancing the specific economic, legal, social, technological, and other benefits of the proposed project, the City of Santa Ana has determined that the unavoidable adverse temporary construction -related environmental impacts identified above may be considered "acceptable" due to the specific considerations discussed below; therefore, the project benefits. outweigh the unavoidable, adverse environmental impacts. The following benefits will occur as a result of approval of the proposed project. 1. Design and construct Warner Avenue to be consistent with the City's General Plan Circulation Element and Orange County Master Plan of Arterial Highways (MPAH) designation as a major arterial. Warner Avenue within the project limits is a four -lane undivided road with variable curb -to - curb and right-of-way (ROW) widths. Warner Avenue has a major arterial designation with six -lanes in both the City's General Plan Circulation Element and the Orange County MPAH; therefore the current cross-section is inconsistent with both documents. Widening Warner Avenue from four to six lanes between Main Street and Grand Avenue would make this section of the street consistent with the City's General Plan Circulation Element and the Orange County MPAH. 2. Alleviate traffic congestion and delays within the Warner Avenue project limits. By adding a vehicle travel lane in each direction, Warner Avenue widening will significantly reduce traffic congestion and delays within the one mile project limits. Additionally by providing a safer travel options for pedestrians and bicyclist, it is anticipated that some people may choose to not drive thereby reducing traffic. 3. :Provide roadway capacity to accommodate existing and future traffic volumes. Warner Avenue within the project limits is a four -lane road with variable curb -to -curb and right-of-way (ROW) widths. It has a median (striped not raised) in some segments and no median in other segments; therefore, this four -lane section of Warner Avenue is designed to accommodate up to 20, 000 vehicles per day (LOS Q. Currently there are 23, 000 to 28, 000 CEQA Statement of Overriding Considerations - 3 - Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B-32 EXHIBIT 4 vehicles per day. By the year 2035 estimated traffic volumes along this segment are forecast at 30,000 to 31,900 vehicles per day. Both the existing andfuture daily traffic volumes exceed the acceptable level of service for a four -lane undivided roadway. Warner Avenue would be widened to six -lanes to comply with the major arterial designation and would accommodate 45,000 to 60, 000 vehicles per day for current and future traffic. 4. Increase vehicular safety and reduce accidents by removing left turn hazards. The project would have a raised median as a traffic calming feature controlling vehicle left turns and cross traffic for improved safety. The reduction of driveway accesses along Warner Avenue would potentially reduce accidents caused by backing up across the sidewalk and into oncoming traffic and vehicle collisions between through movement and vehicles accessing from private properties. 5. Comply with the Complete Streets Act by providing safe and accessible travel for bicyclist, pedestrians, wheelchairs, transit riders and motorists through additional bike and vehicle lanes, wider parkway and sidewalks and improved bus locations. The City is in the process of updating the General Plan Circulation Element and will comply with the complete streets principles (planning for all modes) as required by the Complete Streets Act. Warner Avenue project would be consistent with the circulation element and therefore would comply with the policies outlined in the Complete Streets Act (AB 1358, Chapter 657, Statutes of 2008). The project would have: • sidewalks with ADA-compliant horizontal clearance and curb ramps bike lanes for clearly -designated separate area for bicyclists to improve safety by removing conflicts caused by sharing space with pedestrians on the sidewalk and vehicles in travel lanesparkway with trees and landscaping for shade and separation of pedestrians and people in wheelchairs from moving vehicles and bicycles • relocated Pacific Electric Bike Path (Maple Street Bike Trail) from crossing Warner Avenue in the vicinity of Rousselle Street to crossing at the Maple Street traffic light for safer street location • additional vehicle lane in each direction to provide less congested movement of motorists and commercial goods. • improved bus locations for transit riders • improved lighting for vehicle and pedestrian safety Therefore, in compliance with the Complete Streets Act, bicyclists, children, persons with disabilities, motorists, pedestrians, users ofpublic transportation, and seniors. 6. Improve stormwater drainage and water quality. this project would accommodate movers Of commercial goods, CEQA Statement of Overriding Considerations Warner Avenue Improvements & Widening from Main Street to Grand Avenue -4- Aug 2015 75B-33 EXHIBIT 4 All of the street segments have undersized storm drains, except Grand Avenue to the railroad tracks. The project -related drainage system improvements significantly reduce flooding by increasing the capacity of underground storm drains. The project would include construction of Water Quality Management Plan Best Management Practices for site design, structural source control, and treatment control which would increase the quality of the stormwater and runoff thatflows into the drainage system. IV. Conclusion The City of Santa Ana has balanced the project's benefits against the project's significant unavoidable impacts. For the abovementioned reasons, implementation of the Warner Avenue Improvements and Widening from Main Street to Grand Avenue project would have environmental, economic, and social benefits that outweigh the unavoidable adverse environmental impacts of the physical development, and those impacts, therefore, are considered acceptable in light of the project's benefits. The City finds that each of the benefits described above is an overriding consideration, independent of the other benefits, that warrants approval of the project notwithstanding the project's significant unavoidable impacts. CEQA Statement of Overriding Considerations - 5 - Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B-34 EXHIBIT 4 Exhibit " B" Resolution No. 2015-xxx Page 6 of 6 75B-35 EXHIBIT 4 20 Civic Center Plaza, M-36 Santa Ana, CA 92702 714.647.5632 MITIGATION MONITORING AND REPORTING PROGRAM FOR; WARNER AVENUE IMPROVEMENTS AND WIDENING FROM MAIN STREET TO GRAND AVENUE SCH NO. 2012101004 prepared for: CITY OF SANTA ANA Contact: Kenny Nguyen, PE Senior Civil Engineer prepared by: PLACEWORKS 3 MacArthur Place, Suite 1100 Contact., Santa Ana, CA 92707 JoAnn Hadfield Tel: 714.966.9220 • Fax: 714.966.9221 Principal, Environmental E-mail: information@planningcenter.com Services Website: www.planningcenter.com CGIN-01.0EISNT 08.3E AUGUST 2015 75B-36 EXHIBIT 4 75B-37 EXHIBIT 4 Table of Contents Section Page 1. INTRODUCTION.............................................................................................................................. 1 1.1 PURPOSE OF MITIGATION MONITORING AND REPORTING PROGRAM ....................... 1 1.2 PROJECT LOCATION, SETTING AND SURROUNDING LAND USES ............................... 1 1.3 PROJECT DESCRIPTION................................................................................................... 2 1.4 ENVIRONMENTAL IMPACTS.............................................................................................. 2 2. MITIGATION MONITORING AND REPORTING REQUIREMENTS.................................................. 3 2.1 CATEGORIZED MITIGATION MEASURES......................................................................... 3 2.2 IN -FIELD MONITORING., ................................................ ........................................... ....... 3 2.3 REPORT SUBMITTALS ........................................ ................... ............................ — ........ ...,. 3 Table Page Table 2-1 Mitigation Monitoring and Reporting Requirements...................................................................5 Warner Avenue Widening Improvements and Widening from Main Street to Grand Avenue Mitigation Monitoring and Reporting Program City of Santa Ana # Page i 75B-38 EXHIBIT 4 75B-39 EXHIBIT 4 1. Introduction 1.1 PURPOSE OF MITIGATION MONITORING AND REPORTING PROGRAM This Mitigation Monitoring and Reporting Program (MMRP) provides the mitigation measures outlined in the Warner Avenue Improvements and Widening from Main Street to Grand Avenue Environmental Impact Report (EIR), State Clearinghouse No. 2012101004. This MMRP fully complies with Section 21081.6 of the Public Resources Code that states: (a) When making findings required by paragraph (1) of subdivision (a) of Section 21081 or when adopting a mitigated negative declaration pursuant to paragraph (2) of subdivision (e) of Section 21080, the following requirements shall apply: (1) The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of a responsible agency or a public agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the lead or responsible agency, prepare and submit a proposed reporting or monitoring program. (2) The lead agency shall specify the location and custodian of the documents or other material{ which constitute the record of proceedings upon which its decision is based. .0 1.2 PROJECT LOCATION, SETTING AND SURROUNDING LAND USES The project site is a one mile section of Warner Avenue between Main Street and Grand Avenue in the southwestern portion of the City of Santa Ana in central Orange County. The site consists of Warner Avenue between Main Street on the west and Grand Avenue on the east, along with all or portions of parcels along the north and south sides of Warner Avenue. Warner Avenue within the project limits is a four -lane road with variable curb -to -curb and right-of-way (ROW) widths. It has a median (striped not raised) in some segments mid no median in other segments; therefore, this four -lane section of Warner Avenue is designed to accommodate up to 20,000 vehicles per day (LOS C). Currently there is 23,000 to 28,000 vehicles per day, Some segments of Warner Avenue within the project limits include a striped center turn lane while others do not. In some areas the sidewalk is directly adjacent to the street while parkways separate the sidewalk from the curb in other locations. Sidewalk widths vary from four to ten feet depending on the location; however some sections restrict pedestrian space to less than three feet wide between power poles and landscape shrubs or walls. Bike lanes are not provided along Warner Avenue within the project limits. Pacific Electric Bike Path (Maple Street Bike Trail) crosses Warner Avenue in the vicinity of Rousselle Street, The Union Pacific Rail Road (UPRR) rail corridor crosses Warner Avenue between Standard Avenue and Grand Avenue, Orange County Transportation Authority (OCTA) provides public transit services to the City as well as within the project area. Currently, OCTA has three bus routes servicing the project area (Bus Route 53 servicing Anaheim through Irvine via Main Street, Bus Route 585 servicing Santa Ana through Newport Beach via Standard Avenue, Bus Route 72 servicing Sunset Beach through Tustin via Warner Avenue, and Bus Route 463 servicing Santa Ana via Grand Avenue). Land uses along Warner Avenue within the project limits include a mixture of commercial, residential, and industrial uses. Warner Avenue Improvements and Widening from Main Street to Grand Avenue Mitigation Monitoring and Reporting Program City of Santa Ana - Page 1 75B-40 EXHIBIT 4 1. Introduction 1.3 PROJECT DESCRIPTION The project would improve and widen Warner Avenue from Main Street to Grand Avenue, from the existing variable ROW to a consistent 110-foot ROW. Warner Avenue would have six traffic lanes, raised landscaped median, bike lanes, parkways, and sidewalks. The project would also include replacement of existing storm drains with larger storm drains, and the undergrounding of existing utilities along the project segment. The project requires City acquisition of 35 full parcels and a portion of 27 parcels (based on assessor parcel number). Note that multiple APN's comprise some single properties and that one property may have multiple businesses or addresses. Based on Draft Relocation Impact Statement (property ownership records) the total acquisition would be 34 full and 22 partial properties. . 1.4 ENVIRONMENTAL IMPACTS 1.4.1 Impacts Considered Less Than Significant The following environmental topics were determined to have less than significant impacts. Impacts to topics marked with an asterisk (*) were analyzed in the Initial Study; the remainder were analyzed in the EIwR.. • Aesthetics* • Agriculture and Forestry Resources* • Biological Resources* • Geology and Soils • Greenhouse Gas Emissions • Hazards and Hazardous Materials • IIydrology and Water Quality • Land Use and Planning • Mineral Resources* • Population and Housing • Public Services* • Recreation* • Utilities and Service Systems 1.4.2 Potentially Significant Adverse Impacts That Can Be Mitigated, Avoided, or Stcbstantially Lessened Air quality and cultural resources were determined to have less than significant impacts after implementation of required mitigation measures. 1.4.3 Unavoidable Significant Adverse Impacts The following topics would remain significant and unavoidable even after implementation of required mitigation: • Noise (during construction) • Transportation and Traffic (during construction) Page 2 • PlaceWorks August 2015 75B-41 EXHIBIT 4 2, Mitigation Monitoring and Reporting Requirements 2.1 CATEGORIZED MITIGATION MEASURES Project -specific mitigation measures have been categorized in matrix format, as shown in Table 2-1. The matrix identifies the environmental factor, specific mitigation measures, schedule, and responsible monitor, The mitigation matrix will serve as the basis for scheduling the implementation of and compliance with all mitigation measures. 2.2 IN -FIELD MONITORING Project monitors and technical subconsultants shall exercise caution and professional practices at all times when monitoring implementation of mitigation measures. Protective wear (e.g., hard hat, glasses) shall be worn at all times in construction areas. 2.3 REPORT SUBMITTALS All mitigation measures that require submittal of a report or study to City of Santa Ana staff shall be reviewed and accepted as complete and accurate by the Public Works Agency Executive Director or designee. Warner Avenue Improvements and Widening from Main Street to Grand Avenue Mitigation Monitoring and Reporting Program City of Santa And • Page 3 75B-42 EXHIBIT 4 2. 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O C r, N U ¢ U r;O:i CIO ?i p N N Ln U cd o N o U w chi •� .0 o o p ?. � 4pR'„',� ,o G '� � O p ° C !�f"'o U •b � O m � pp oo. o o} v ago4 ..y. a tJ , 7-,UU, ..`�. y U c'Ci ai O '45 o 0 0 0 ro y F O U o O UAQo cJ c o ai sN• U� � U O N 'bd ++O �_ T) Q a R. •� '� 'C �"'" wcC C cd y U N U W a ..+ U 'C E m ap aW o R oa �UU�VE ca ra F �v� d. o m w n m d ti 75B-47 EXHIBIT 4 �", 75B-48 EXHIBIT 4 Warner Avenue Improvements and Widening from Main Street to Grand Avenue Mitigation Monitoring and Reporting Program City of Santa Ana • Page 10 75B-49 EXHIBIT 4 75B-50 CATEGORICAL EXEMPTIONICATEGORICAL EXCLUSION DETERMINATION FORM HIBIT 4 12-ORA-Santa Ana NIA NIA CML 5063 (200) Dist.-Co.-Rte. or Local Agency) P.M./P.M. E.AIProject No. Federal -Aid Pro ect No. Local Project IPromect No. PROJECT DESCRIPTION: (Briefly describe project including need, purpose, location, limits, right-of-way requirements, and activities involved in this box. Use Continuation sheet, if necessary.) The City of Santa Ana proposes to install a .70 mile long protected bike lane along Warner Avenue between Oak Street and Grand Avenue. Work activities will include installing bicycle lanes, constructing raised concrete medians, adding signage, sand blastinglstriping, conducting some minor spot pavement rehabilitation, adding raised bike buffers, upgrading sections of sidewalk, ramps, and driveways, and improving curb ramps to meet ADA standards. The purpose of the project is to increase safety for bicyclists by separating car and bicycle traffic. All work will take place within the existing City right of way. CALTRANS CEQA DETERMINATION (Check one) ® Not Applicable — Caltrans is not the CEQA Lead Agency ❑ Not Applicable — Caltrans has prepared an Initial Study or Environmental Impact Report under CEQA ❑ Exempt by Statute. (PRC 21080[b]; 14 CCR 15260 et seq.) Based on an examination of this proposal, supporting information, and the above statements, the project is: ❑ Categorically Exempt. Class . (PRC 21084; 14 CCR 15300 et seq.) ❑ Categorically Exempt. General Rule exemption. [This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment (CCR 15061 [b][3].) NIA NIA Print Name: Senior Environmental Planner or Print Name: Project Manager Environmental Branch Chief Signature Date Signature Date NEPA COMPLIANCE In accordance with 23 CFR 771.117, and based on an examination of this proposal and supporting information, the State has determined that this project: • does not individually or cumulatively have a significant impact on the environment as defined by NEPA, and is excluded from the requirements to prepare an Environmental Assessment (EA) or Environmental Impact Statement (EIS), and • has considered unusual circumstances pursuant to 23 CFR 771.117(b). CALTRANS NEPA DETERMINATION (Check one) ® 23 USC 326: The State has determined that this project has no significant impacts on the environment as defined by NEPA, and that there are no unusual circumstances as described in 23 CFR 771.117(b). As such, the project is categorically excluded from the requirements to prepare an EA or EIS under the National Environmental Policy Act. The State has been assigned, and hereby certifies that it has carried out the responsibility to make this determination pursuant to Chapter 3 of Title 23, United States Code, Section 326 and a Memorandum of Understanding dated May 31, 2016, executed between the FHWA and the State. The State has determined that the project is a Categorical Exclusion under: E 23 CFR 771.117(c): activity (c)(_3_) ❑ 23 CFR 771.117(d): activity (d)(_) 0 Activity _ listed in Appendix A of the MOU between FHWA and the State ❑ 23 USC 327: Based on an examination of this proposal and supporting information, the State has determined that the project is a Categorical Exclusion under 23 USC 327. The environmental review, consultation, and any other actions required by applicable Federal environmental laws for this project are being, or have been, carried out by Caltrans pursuant to 23 USC 327 and the Memorandum of Understanding dated December 23, 2016 and executed by FHWA and Caltrans. Charles Baker Tifini Tran Print Name: Senior Environmental Planner or Print Name: Project Manager/DLA Engineer Environm ranqJj Chief %Sigtur�e�— w/-6- Signa ure Date Da Date of Categorical Exclusion Checklist completion: 12/30/2019 Date of E R or a ivalent: 12/30/2019 Briefly list environmental commitments on continuation sheet. Reference addit�or information, as appropriate (e.g., CE checklist, additional studies and design conditions). Page I of 2 September 8, 2017 EXHIBIT 4 CATEGORICAL EXEMPTION/CATEGORICAL EXCLUSION DETERMINATION FORM Continuation Sheet 12-ORA-Santa Ana NIA NIA CIVIL 5063 (200) Dist.-Co.-Rte. (or Local Agency) RM./P.M. E.A/Project No. Federal -Aid Project No. (Local Project)/Project No. Continued from page 1 The project will include, as applicable, the following standardized features that are included as part of the project description (hftp://www.dot.ca.gov/desioe/construction-contract-standards.htmi). Standardized features (such as Best Management Practices [BMPs]) are those features that are generally applied to most or all Department projects. These standardized or pre-existing features allow little discretion regarding their implementation and are not specific to the circumstances of a particular project. In addition to the measures given in the Caltrans Standard Specifications, the following measures will be implemented as project elements to the proposed project: None Page 2 of 2 September 8, 2017 EXHIBIT 4 NEPA/CEQA RE -VALIDATION FORM (rev. 09/2024 DIST-CO-RTE: 12-ORA-Santa Ana PM/PM: N/A EA or Fed -Aid Project No.: CML 5063 (200) Other Project No. (specify): N/A Project Title: Warner Ave. Bike Lane Environmental Approval Type: NEPA CE Date Approved: 12-30-2019 Reason for Consultation (23 CFR 771.129): N Project proceeding to next major federal approval ❑ Change in scope, setting, effects, mitigation measures, requirements ❑ 3-year timeline (EIS only) ❑ N/A (Re -Validation for CEQA only) Description of Changed Conditions: There are no changes in scope to the project from the original NEPA CE approval. The Project is proceeding to the next major federal approval, for construction funding NEPA CONCLUSION - VALIDITY Based on an examination of the changed conditions and supporting information: (Check ONE of the three statements below, regarding the validity of the original document/determination (23 CFR 771.129). If document is no longer valid, indicate whether additional public review is warranted and whether the type of environmental document will be elevated. NOTE: If applicable, remember to check conformity status. See the SER Vol. 1, Chapter 11 and contact the District Air Quality Specialist for additional information.) N The original environmental document or CE remains valid. No further documentation will be prepared. ❑ The original environmental document or CE is in need of updating; further documentation has been prepared and ❑ is included on the continuation sheet(s) or ❑ is attached. With this additional documentation, the original ED or CE remains valid. Additional public review is warranted (23 CFR 771.111(h)(3)) ❑ Yes ❑ No ❑ The original environmental document or CE is no longer valid. Additional public review is warranted (23 CFR 771.111(h)(3)) ❑ Yes ❑ No Supplemental environmental document is needed. ❑ Yes ❑ No New environmental document is needed. ❑ Yes ❑ No (If "Yes," specify type: CONCURRENCE WITH NEPA CONCLUSION I concur with the NEPA conclusion above. �Wb4�c� Sig nature:/EKvfr-o-nmental Branch Chief Sig ature: Project Manager/DLAE 5/27/25 Date 05/27/2025 Date Page 1 of 3 EXHIBIT 4 NEPA/CEQA RE -VALIDATION FORM CEQA CONCLUSION (Only mandated for projects on the State Highway System.) Based on an examination of the changed conditions and supporting information, the following conclusion has been reached regarding appropriate CEQA documentation: (Check ONE of the five statements below, indicating whether any additional documentation is or will be prepared, and if so, what kind. If additional documentation is prepared, attach a copy of this signed form and any continuation sheets.) ❑ Original document remains valid. No further documentation is necessary but may be included on continuation sheets. ❑ An Addendum was prepared for minor technical changes or additions to the project and is: ❑ included on the continuation sheets or ❑ attached. It need not be circulated for public review (CEQA Guidelines, §15164). The addendum must include a brief explanation of why the decision was made to not prepare a subsequent or supplemental environmental document as well as a summary statement explaining the changes to the project. ❑ Changes are substantial, but only minor additions or changes are necessary to make the previous document adequate. A Supplemental environmental document will be prepared, and it will be circulated for public review (CEQA Guidelines, §15163). ❑ Changes are substantial, and major revisions to the current document are necessary. A Subsequent environmental document will be prepared, and it will be circulated for public review (CEQA Guidelines, §15162). (Specify type of subsequent document, e.g., Subsequent FEIR): ❑ The CE is no longer valid. New CE is needed. ❑ Yes ❑ No CONCURRENCE WITH CEQA CONCLUSION I concur with the CEQA conclusion above. N/A Signature: Environmental Branch Chief Date N/A Signature: Project Manager/DLAE Date Page 2 of 3 EXHIBIT 4 NEPA/CEQA RE -VALIDATION FORM CONTINUATION SHEET(S) Changes in project design, e.g., scope change; a new alternative; change in project alignment. NONE Changes in environmental setting, e.g., new development affecting traffic or air quality. NONE Changes in environmental circumstances, e.g., a new law or regulation; change in the status of a listed species. NONE Changes to environmental impacts of the project, e.g., a new type of impact, or a change in the magnitude of an existing impact. NONE Changes to avoidance, minimization, and/or mitigation measures since the environmental document was approved. NONE Changes to environmental commitments since the environmental document was approved, e.g., the addition of new conditions in permits or approvals. When this applies, append a revised Environmental Commitments Record (ECR) as one of the Continuation Sheets. NONE Page 3 of 3 HUGH NGUYEN CLERK -RECORDER CITY OF SANTA ANA, PUBLIC WORKS AGENCY_ 20 CIVIC CENTER PLAZA (M-36) mm SANTA ANA, CA 92702 Office of the Orange County Clerk -Recorder Memorandum SUBJECT: NOTICE OF EXEMPTION The attached notice was received, filed and a copy was posted on 11/25/2020 It remained posted for 30 (thirty) days. Hugh Nguyen Clerk Recorder In and for the County of Orange By: Danielle Piepkorn Deputy Public Resource Code 21092.3 BIRTH AND DEATH RECORDS FICTITIOUS BUSINESS NAMES MARRIAGE LICENSES/RECORDS NOTARY REGISTRATION ORANGE COUNTY ARCHIVES PASSPORTS PROPERTY RECORDS The notice required pursuant to Sections 21080.4 and 21092 for an environmental impact report shall be posted in the office of the County Clerk of each county * * * in which the project will be located and shall remain posted for a period of 30 days. The notice re uired ursuant to Section 21092 for a negative declaration shall be so posted for a. period of 20 days, unless otherwise required by law. to be posted for 30 days. The County Clerk shall post notices within 24 hours of receipt. Public Resource Code 21152 All notices filed pursuant to this section shall be available for public inspection, and shall be posted *** within 24 hours of receipt in the office of the County Clerk. Each notice shall remain posted for a period of 30 days. *** Thereafter, the clerk shall return the notice to the local lead agency *** within a notation of the period it was posted. The local lead agency shall retain the notice for not less than nine months, Additions or'changes by underline; deletions by *** (714) 834-2500 • FAX: (714) 834-2675 • OCRECORDER.COM • OCARCHIVES.COM State of California - Department of Fish and Wildlife 2020 ENVIRONMENTAL FILING FEE CASH RECEIPT DFW 753.5a (Rev. 01/01/18) Previously DFG 753.5a r. ECIIPT NUMBER: 30-2020 0953 STATE CLEARINGHOUSE NUMBER (If applicable) SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY. NIA LEAD AGENCY LEADAGENCY EMAIL DATE CITY OF SANTA ANA, PUBLIC WORKS AGENCY 11/25/2020 COUNTY/STATE AGENCY OF FILING DOCUMENT NUMBER Orange 202085000958 PROJECT TITLE MCFADDEN AVE PROTECTED BIKE LANE PROJECT APPLICANT NAME PROJECT APPLICANT EMAIL PHONE NUMBER CITY OF SANTA ANA, PUBLIC WORKS AGENCY (714) 647-5632 PROJECT APPLICANT ADDRESS CITY STATE ZIP CODE 20 CIVIC CENTER PLAZA (M-36) SANTA ANA CA 92702 PROJECT APPLICANT (Check appropriate box) Q Local Public Agency [] School District Other Special District State Agency Private Entity CHECK APPLICABLE FEES: ❑ Environmental Impact Report (EIR) $3,343.25 $ 0.00 ❑ Mitigated/Negative Declaration (MND)(ND) $2,406.75 $ 0.00 ❑ Certified Regulatory Program document (CRP) $1,136.50 $ 0.00 0 Exempt from fee E Notice of Exemption (attach) ❑ CDFW No Effect Determination (attach) ❑ Fee previously paid (attach previously issued cash receipt copy) ❑ Water Right Application or Petition Fee (State Water Resources Control Board only) $850.00 $ 0.00 ❑ County documentary handling fee $ 0.00 ❑ Other $ PAYMENT METHOD: ❑ Cash ❑ Credit ❑ Check 0 Other TOTAL RECEIVED $ 0.00 SIGNATURE AGENCY OF FILLING PRINTED NAME AND TITLE X SARAHY JURADO, DEPUTY CLERK ORIGINAL-PROJFCTAPPLICANT COPY-CDFWIASB COPY - LEAD AGENCY COPY -COUNTY CLERK DFW753,5a(Rev.20151215) FILED NOV 2 5 2020 ORANGE COUNTY CLERK-RECOR ER DEPARTMENT BY: DEPUTY MAYOR Miguel A. Pulido MAYOR PRO TEM Juan Villegas COUNCIL MEMBERS Phil Bacerra Nelida Mendoza David Penaloza Vicente Sarmiento Jose Solorio Recorded in LMICIai Records, grange county Hugh Nguyen, Clerk -Recorder 1E lI 1 ��lI 11111111[ 111 11 E�� 111 11 NO FEE *$ R 0 0 1 2 2 8 1 5 7 3$ 202085000958 1126 am 11/25/20 395 229 Z01 0.00 50.00 0.00 0.00 0.00 0.00 0.00 0.00 PUBLIC WORKS AGENCY 20 Civic Center Plaza (M-36) P.O. BOX 1988 . Santa Ana, California 92702 (714) 647-5690 • Fax (714) 647-5823 www.santa-ana.org CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez NOTICE OF EXEMPTION From the Requirements of the California Environmental Quality Act (CEQA) To: COUNTY CLERK From: City of Santa Ana County of Orange Public Works Agency P.O. Box 238 20 Civic Center Plaza (M-36) Santa Ana, CA 92702 Santa Ana, CA 92702 Project Title: McFadden Ave Protected Bike Lane Project Number(s): 20-6962 Project Location: McFadden Avenue from Harbor Boulevard to Grand Avenue City: Santa Ana County: Orange ER Number: ER-2020-97 Date of Approval: 12/17/2019 Project Descri tlom p Installation of Class III and IV along 4 mile bicycle lane and include signing, striping, median, bike detection, and bulb -outs. Applicant Name: City of Santa Ana, Public Works Agency Applicant Address: 20 Civic Center Plaza M-36 Santa Ana, CA 92702 Name of Public Agency Approving Project City Council Name of Agency Carrying Out Project: Public Works Agency POSTED Exempt Status: ❑ Ministerial (Sec. 15268) NOV 2 5 2020 ❑ Declared Emergency (Sec. 15269 (a)) ORANGE COUNTYCUER -RECORDER DEPARTMENT ElEmergency Project (Sec. 15269 (b through e)) ❑ General Rule (Sec. 15061(b)(3)1(5)) BY: DEPUTY ❑ Statutory Exemption: © Categorical Exemption: 15301(c) and 15304(h) Reason(s) Why Project is Exempt From CEQA: Existing highways, streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes roads grading for the purpose of public safety), The creation of bicycle lanes on existing right-of-way. City Contact: Kenny Nguyen Title: Senior Civil Engineer Telephone: (714) 647-5632 Signature: Date: 2 Zc� SANTA ANA CITY COUNCIL Miguel A. Pulido JuLantaaa�o�rd Vincente Sarmiento Jose Solodo Phil Bacerra David Penaloza Nelida Mendoza Mayor M or ern,s Ward 1 Ward 3 Ward 4 Ward 2 Ward 6 moulidoe.santa-ana.ora vsarmientokD, santa-ana.o[g isolorioftsanta•ana.ora gbacerraCcbsania--ana.cra doenalozansanta-ana.oranrnendozAdD§anta-ana.ora EXHIBIT 5 PROJECT TITLE: McFadden Ave Protected Bike Ln & Bicycle Blvd Project: Harbor - Grand PROJECT CATEGORY: Traffic Improvements Traffic Safety / Mobility LOCATION MAP si w.nu - =Santa Ara { rowan wmsi rwx � - IR i i d _ t• w � � 1 °;+ AGENCY: Public Works CITY OF SANTA ANA FY 25/26CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: Provide a Class 4 Protected Bike Lane and Class 3 Bicycle Boulevard from Harbor Boulevard to Grand Avenue in the City of Santa Ana. Project will include some pavement work, sidewalk, ramps, medians, striping and signal modifications. NI PROJECT NEED: This project is designed to increase bicyclists' safety and mobility. aw PROJECT COSTS FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 FY 31/32 Construction 776,858 - - - - - - TOTAL 776,858 - - SOURCE OF FUNDS FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 FY 31/32 M2 LOCAL FAIRSHARE 776,858 - _ _ _ _ _ TOTAL 776,858 - - DIVISION: Design Engineering CONTACT: Gilbert Castillo, Senior Engineer DATE: 06-Apr-2026 PROJECT TITLE: Warner Ave Impr. Ph 2 - Oak - Grand PROJECT CATEGORY: Street Improvements Street/Bridge Improvements & Widening LOCATION MAP A CITY OF SANTA ANA FY 25/26CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: This project will widen Warner Avenue between Oak Street and Grand Avenue from 2 to 3 lanes in each direction. The project will also include additional left turn lanes at Grand Avenue, bus pads, raised medians, and a protected bike lane. PROJECT NEED: The MPAH (Master Plan of Arterial Highways) Strategic Plan Technical Report identified the need for Warner Avenue to be widened to a six -lane major arterial to meet MPAH requirements. The existing Average Daily Traffic (ADT) is in excess of 29,600 vehicles per day. The proposed improvements will allow the segment to accommodate future traffic volumes at a Level of Service A and increase operational efficiency. PROJECT COSTS FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 FY 31/32 Construction 1,476,525 - - - - - - TOTAL - - - - - - M SOURCE OF FUNDS FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 FY 31/32 OTHER 936,955 RESIDENTIAL STREET IMPROV = _ _ _ _ _ 531,000 TRANSP SYSTEM IMPRV AREA 8,570 TOTAL 1,476,525 - - - - AGENCY: DIVISION: CONTACT: DATE: Public Works C/P Engineering Alex Bangean, Senior Civil Engineer 06-Apr-2026