HomeMy WebLinkAboutS CA REGIONAL RAIL AUTHORITY 1 -2004
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CONSTRUCTION AND MAINTENANCE AGREEMENT
For At-Grade Public Highway-Rail Crossing
Grand Avenue
CPUC Crossing No. 10IOR-176.20
DOT Crossing No. 02674lL
SCRRA File No. 50000344
SCRRA Recollectable No.
This Construction and Maintenance Agreement ("AGREEMENT") is made and entered into on this .3 ~ day
of~, 2004, by and between the City of Santa Ana, a charter city and municipal corporation duly organized
and existil~g under the laws of the State of California, hereinafter referred to as "CITY", and the SOUTHERN
CALIFORNIA REGIONAL RAIL AUTHORITY, a joint powers authority existing under the laws of the State of
California, hereinafter referred to as "SCRRA":
RECITALS
SCRRA is a five-county joint powers authority, created pursuant to California Public Utilities Code Section 130255 and
California Government Code Section 6500 et seq., to build, maintain and operate the "Metro link" commuter train system.
The five-county member agencies are comprised of the following: Los Angeles County Metropolitan Transportation
Authority (MTA), Ventura County Transportation Commission (VCTC), Orange County Transportation Authority
(OCT A), San Bernardino Associated Governments (SANBAG), and Riverside County Transportation Commission
(RCTC). SCRRA builds, operates and maintains a commuter rail systems in the five-county area on rail rights-of-ways
owned by the member agencies. For this project, the owner of the rail right-of-way is OCT A.
Grand Avenue grade crossing crosses the Orange subdivision by an at-grade crossing and is identified as Crossing No. 101
OR-176.20. It is assigned U. S. Department of Transportation No. 026741L. At this crossing location, SCRRA member
agency, OCT A, owns the rail right-of-way. SCRRA, the National Railroad Passenger Corporation (AMTRAK) and the
Burlington Northern Santa Fe Railway Company (BNSF) operate trains along the right-of-way.
CITY has approved a project to design, construct, maintain and operate Grand A venue public highway rail grade crossing,
hereinafter referred to as the "PROJECT", as shown on Attachment A attached hereto and made a part hereof.
In conjunction with the PROJECT, SCRRA, at CITY's sole cost and expense, agrees to design, construct and maintain a
railroad grade crossing automatic signal protection system and railroad track structure and surface system, hereinafter
referred to as the "RAILROAD WORK".
CITY and SCRRA desire to cooperate and complete the PROJECT and RAILROAD WORK with the least amount of
disruption to vehicle and rail traffic.
AGREEMENT
In consideration of the promises and mutual understandings of the parties hereto, SCRRA and CITY agrees as follows:
SECTION I
SCRRA AGREES:
I.
To construct the RAILROAD WORK, at CITY's expense, consisting of installation of two (2) California Public
Utilities Commission, hereinafter referred to as "CPUC" Standard NO.9 (highway crossing flashing-light signal
assembly with automatic gates and bells), conforming with CPUC requirements contained in CPUC General
Order 75-C on the median islands, replacement and relocation of existing one (1) Standard No.9 with Standard
No. 9A (highway crossing flashing-light signal assembly with automatic gates and bells type with cantilever ann
with additional flashing-lights units) on the northwest side of the crossing and replacement of existing Standard
No.9 with Standard No. 9A on the southeast side of the crossing. SCRRA shall install signal house, train
Grand Avenue Improvement project
Crossing No. 101 OR~176.20
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Construction and Maintenance Agreement
04/07/04
detection and signal control circuitry, track circuits and other equipment necessary to make the four crossing
signals function as a system. SCRRA shall install additional 48-foot long rubber panels for the two main line
tracks (24-foot each track). SCRRA shall improve the existing two main line tracks by replacing the existing ties,
other track materials, tie plates, spikes, ballast and other incidental material necessary to improve the condition of
the tracks in the area of rubber panel installation.
2.
To perform the RAILROAD WORK as soon as practicable, considering availability of SCRRA materials and
SCRRA manpower, after notification by CITY that it is ready to proceed with the PROJECT. SCRRA forces
ordinarily engaged in the operation and maintenance of a main line railroad shall perform the work and, therefore,
scheduling of the work is subject to change due to operational issues, weather, accidents, emergencies and
Federally-mandated inspections and maintenance. Notwithstanding the foregoing, SCRRA agrees to complete the
RAILROAD WORK within 120 days of the start of construction, provided that said 120 days deadline shall be
automatically extended due to events of force majeure, as described in Paragraph 10 of Section III of this
AGREEMENT.
3.
To operate and physically maintain the RAILROAD WORK so long as it remains in place.
4.
To maintain, repair and renew the crossing area between lines two (2) feet outside of the rails of each track.
When two or more tracks are involved, SCRRA shall maintain, at its expense, the area between the tracks where
the distance between the center lines of tracks is fifteen (15) feet or less measured at the center line of the
highway, normal to the tracks. This work shall be done pursuant to CPUC General Order 72-B.
5.
To share equally with CITY the maintenance cost of the railroad crossing warning signals and signal controls in
accordance with CPUC Code §1202.2 of the California state statutes, except that CITY's liability thereof shall be
limited to such funds as may be set aside for allocation through the CPUC pursuant to CPUC Code § 1231.1.
SCRRA shall submit to CPUC invoices for CITY's share of the maintenance costs of the railroad crossing
warning signals and signal controls.
6.
To submit invoices to CITY for payment of cost and expense incurred by SCRRA and its contractors and
consultants in connection with the PROJECT and the RAILROAD WORK on the basis of items set forth in
Attachment B attached hereto and made a part hereof.
SECTION II
CITY AGREES:
I.
To prepare the plans, specifications, cost estimates, to obtain all required permits and approvals, and to
administer the construction contract for the PROJECT, all at CITY expense. To furnish at CITY expense all
necessary labor, material and equipment to construct and complete the PROJECT. All work performed within the
limits of the rail right-of-way shall be performed in a good and workmanlike manner and in accordance with plans
and specifications approved by SCRRA. Changes or modification during construction that affect the rail right-of-
way, or SCRRA or its member agency's property shall also be approved by SCRRA.
2.
To obtain and comply with any and all approvals, permits, licenses and other authorizations
applicable laws, regulations, rules and ordinances, including obtaining permits ITom the CPUC
commencement of any work within the rail right-of-way.
required by
prior to the
3.
To act as the lead agency on all planning, zoning, environmental approval and permitting activities required by
State law.
4.
To submit two sets of plans and specifications to SCRRA for approval prior to commencement of each phase of
construction ofthe PROJECT. CITY shall require its contractor(s) to furnish SCRRA two sets of plans and two
sets of calculations for any shoring or cribbing that may be planned for use over, under or adjacent to the tracks in
the rail right-of-way
5.
To obtain from SCRRA's member agency, OCT A, prior to commencing any work, all necessary real estate
penn its, licenses or easements in order for CITY and its contractor to enter and perform work within the rail
right-of-way.
Grand Avenue Improvement project
Crossing No. 101 OR.176.20
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Construction and Maintenance Agreement
04/07/04
6.
To execute and deliver to SCRRA, prior to commencing any work within the rail right-of-way, SCRRA Form No.
6, and deliver and secure approval of the insurance required by the two exhibits attached to SCRRA Form No.6.
If CITY retains a contractor to perform any of work within the rail right-of-way, then CITY shall incorporate in
its contract documents SCRRA Form No.6 (Right-of-Entry agreement) and SCRRA Form No. 37 (Rules and
Requirementsfor Construction on Railway Property). CITY shall be responsible to make sure that the contractor
has an approved and executed copy ofSCRRA Form No.6 and delivered and secured approval of the insurance
required by the two exhibits attached to SCRRA Form No.6 prior to the contractor's entry on the rail right-of-
way.
7.
To comply and ensure that its contractor complies, at all times when on the rail right-of-way, with the rules and
regulations contained in the current editions of the following documents which are "references" incorporated in
this document as if they were set in full in this paragraph. These documents can be accessed through SCRRA's
website www.metrolinktrains.com. Sub-Sections "About MetroIink" and then "Public ProjectsÆngineering".
.
Right-of-Entry agreement, SCRRA Form No.6
Rules and Requirements for Construction on Railroad Property, SCRRA Form No. 37
General Safety Regulations for Construction/Maintenance Activity on Railway Property
SCRRA Engineering Standards
.
.
.
8.
To comply and to ensure that its contractor complies with instructions of SCRRA's inspectors and
representatives, in relation to the proper manner of protection of the tracks and the traffic moving thereon, pole
lines, signals and other property of SCRRA or its member agency tenants or licensees at or in the vicinity of the
work during this PROJECT, and shall perform the work at such times as not to endanger or interfere with safe
and timely operation ofSCRRA's track and other facilities.
9.
To make all necessary arrangements at CITY's expense for the protection, relocation or removal of any public or
private utility facility that conflicts with the PROJECT.
10. To construct at CITY's expense the PROJECT consisting in part the grade crossing pavement, approaches, curb,
sidewalks, gutter and raised median islands up to SCRRA's crossing surface panels as shown in the PROJECT
plans. CITY at its expense shall install railroad advance warning signs and railroad crossing pavement markings
on the approaches in advance of the crossing as per State of California Vehicle Code, Section 21362, Caltrans
and the Manual of Uniform Traffic Control Devices (MUTCD) requirements. The curb shall be full height up to
IS-foot from the centerline of the nearest track. The curb shall then transition from full height to zero height
within the next five feet and shall have zero height IO-foot from centerline of the track. The roadway and
sidewalks shall be constructed of asphalt concrete in the area located 10-foot from the centerline of the nearest
track and the concrete field panels.
I I. To coordinate preemption operation if necessary at this crossing located adjacent to signalized highway
intersection with SCRRA and the CPUC for new grade crossing construction and existing grade crossing
modifications. If preemption is provided, the nonnal sequence of traffic control signal indications shaIl be
preempted upon approach of (rains to avoid entrapment of vehicles on the highway-rail grade crossing by
conflicting aspects of the traffic control signals and the highway-rail grade crossing flashing-light signals
(MUTCD Section 8D.07). The CITY shall provide information on the type of preemption, preemption time,
right-of-way transfer time and queue clearance time to SCRRA and the CPUC.
12. To remove existing pavement, if necessary, and construct at CITY's expense asphalt pavement for those portions
of the roadway and approaches located between two or more tracks. The roadway pavement and raised medians
shall be built in coordination with SCRRA's Signal Department so that SCRRA may locate cables or lay conduit
for the flashing light signals from SCRRA's signal house. Storm drains shall be extended to match the widened
street and drainage shall be modified accordingly.
13. To arrange for one weekend full street closure of the grade crossing to vehicular traffic during SCRRA's signal
and track work, including all necessary traffic control devices, barricades and delineators (and to advise
emergency agencies and the public of the closure of the crossing prior to the closure).
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Crossing No. 101 OR-176.20
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14. To complete the PROJECT within two years of the effective date of this AGREEMENT, provided that said two-
year deadline shall be automatically extended due to events of force majeure, as described in Paragraph 10 of
Section III ofthis AGREEMENT.
15. To notifY SCRRA five (5) working days in advance of any maintenance of a roadway, sidewalk or median
islands, if that maintenance activity is to occur within the right-of-way. Any SCRRA flagging or inspection
required to protect SCRRA tracks or the traffic moving thereon shall be paid for by CITY.
16. To provide and maintain at CITY's expense suitable facilities for draining the street or highway and its
appurtenances, and shall not allow drainage water thereITom to flow or collect upon property of SCRRA or its
member agency. CITY at its expense shall provide adequate passageway for the water of any streams, bodies of
water and drainage facilities (either natural or artificial, and including water ITom SCRRA and its member
agency's culvert and drainage facilities), so that said water may not, because of any facilities or work of CITY, be
impeded, obstructed, diverted or caused to back up, overflow or damage the property of SCRRA, its member
agency or of others. CITY shall not obstruct or interfere with existing ditches or drainage facilities.
17. To maintain, repair and renew, at CITY's expense, any street improvement, including street lighting, sidewalks,
curb and gutter, raised medians and traffic striping and signage within the crossing. This work shall be done
pursuant to CPUC General Order 72-B.
18. If in the future CITY elects to modify the existing crossing by widening or replacement of crossing surface, then
any cost of crossing material and/or repair or rehabilitation of the railroad tracks shall be borne by the CITY.
19. To reimburse SCRRA the actual cost and expense incurred by SCRRA and its contractors and consultants for all
services and work performed in connection with the PROJECT and RAILROAD WORK, including a computed
surcharge representing SCRRA's costs for administration and management. The estimated amount of cost and
expense to be incurred by SCRRA is summarized in Attachment B attached hereto and made a part hereof. The
cost and expense shown herein is an estimate only and CITY shall reimburse SCRRA on the basis of actual cost.
20. To deposit with SCRRA $224,368, representing 80% ofSCRRA's cost and expense estimate of $280,460 for the
PROJECT and RAILROAD WORK.
21. To pay SCRRA cost and expenses incurred by SCRRA and its contractors and consultants beyond the amount
deposited by CITY within thirty (30) days of receipt of invoices ITom SCRRA.
22. To reimburse SCRRA for the costs incurred by SCRRA for any additional work performed incidental to the
PROJECT and RAILROAD WORK upon written request or approval of CITY, provided that emergency work
deemed necessary by SCRRA for the immediate restoration of SCRRA operations, or for protection of persons or
SCRRA property or property in care, custody, or control ofSCRRA within or in the vicinity of the PROJECT and
RAILROAD WORK construction area, may be performed without prior approval. SCRRA shall, as soon as
reasonably practicable, notifY CITY of said emergency and the nature of the work.
23. To share equally with SCRRA the maintenance cost of the railroad crossing warning signals and signal controls in
accordance with CPUC Code §1202.2 of the California state statutes, except that CITY's liability thereof shall be
limited to such funds as may be set aside for allocation through the CPUC pursuant to CPUC Code §1231.1.
SCRRA shall submit to CPUC invoices for CITY's share of the maintenance costs of the railroad crossing
warning signals and signal controls.
SECTION III
MUTUAL AGREEMENT:
I.
Neither SCRRA nor any of its board members, member agencies, officers, agents, volunteers, contractors, or
employees shall be responsible for any damage or liability occurring by reason of any acts or omissions on the
part of CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this
AGREEMENT. CITY shall indemnifY, defend and hold harmless SCRRA, its board members, member agencies,
officers, agents, volunteers, contractors, and employees harmless from any and all liability, loss, expense
(including reasonable attorneys' fees and other defense costs), or claims imposed for damages of any nature
Grand A venue Improvement project
Crossing No. 101 OR-176.20
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Construction and Maintenance Agreement
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whatsoever, including but not limited to, bodily injury, death, personal injury, or property damage occurring by
reason of any acts or omissions on the part of CITY, its council, officers, agents, contractors, or employees under
or in connection with any work, authority or jurisdiction delegated to CITY under this AGREEMENT. This
indemnity shall survive termination of this AGREEMENT.
2.
Neither CITY nor its council, officers, agents, contractors, or employees shall be responsible for any damage or
liability occurring by reason of any acts or omissions on the part of SCRRA under or in connection with any
work, authority or jurisdiction delegated to SCRRA under this AGREEMENT. SCRRA shall indemnify, defend
and hold CITY, its council, officers, agents, contractors, and employees harmless from any and all liability, loss,
expense (including reasonable attorneys' fees and other defense costs), or claims imposed for damages of any
nature whatsoever, including but not limited to, bodily injury, death, personal injury, or property damage
occurring by reason of any acts or omissions on the part of SCRRA, its board members, officers, agents,
volunteers, contractors or employees under or in connection with any work, authority or jurisdiction delegated to
SCRRA under this AGREEMENT. This indemnity shall survive termination of this AGREEMENT.
3.
In contemplation of the provisions of Government Code §895.2 imposing certain tort liability jointly upon public
entities solely by reason of such entities being parties to an agreement, as defined in Government Code §895, the
parties hereto, pursuant to the authorization contained in Government Code §895.4 and §895.6, will assume the
full liability imposed upon it or any of its officers, agents or employees by law for injury caused by any negligent
or wrongful act or omission occurring in the performance of this AGREEMENT to the same extent that such
liability would be imposed in the absence of §895.2 of such code. To achieve this purpose, each party agrees to
indemnify and hold harmless the other party for any cost or expense that may be imposed upon such other party
solely by virtue of said §895.2. The provisions of Civil Code §2778 are made a part hereof as if incorporated
herein.
4.
This AGREEMENT shall continue in force and effect until mutual termination by the parties or the elimination of
the grade crossing. The covenants and provisions of the foregoing instrument shall be binding upon and inure to
the benefit of the successors and assigns ofSCRRA and CITY.
5.
This AGREEMENT may be modified or amended in writing. All modifications, amendments, changes and
revisions of this AGREEMENT in whole or part, and from time to time, shall be binding upon the parties, so long
as the same shall be in writing and executed by SCRRA and the CITY.
6.
SCRRA and CITY books pertaining to the work shall be open to inspection and audit by representative of the
SCRRA and CITY for three years period after payment of final invoice. If funding is provided by State and
FHW A, under Section 130, the books pertaining to the work shall be open to inspection and audit by
representative of the State and FHW A for three years period after FHW A payment of final invoice.
7.
The article and section headings in this AGREEMENT are for convenience only and shall not be used in its
interpretation or be considered part of this AGREEMENT.
8.
The execution and delivery of this AGREEMENT by each party and the consummation of the transactions
contemplated hereby are within the power of each party and have been duly authorized by all necessary actions of
each respective party.
9.
This AGREEMENT and the exhibits attached hereto contain the entire understanding between the parties and
supersede any prior written or oral understanding and agreement between them regarding the subject matter of
this AGREEMENT. There are no representations, agreements, arrangements or understandings, oral or written,
between the parties relating to the subject matter of this AGREEMENT, which are not fully expressed herein.
10. In addition to the specific provisions of this AGREEMENT, delay in performance by any party hereunder shall
not be a default where delays or defaults are due to war; insurrection; strikes; lock-outs; riots; floods;
earthquakes; weather; fires; casualties; accidents; emergencies; acts of God; acts of the public enemy; epidemics;
quarantine restrictions; fi-eight embargoes; lack of transportation; unusually severe weather; Federally-mandated
inspections and maintenance; and/or any other causes beyond the control or without the fault of the party claiming
an extension of time for any such cause. An extension of time for any such cause shall only be for the period of
the enforced delay, which period shall commence to run fi-om the time of commencement of the cause. If,
however, notice by the party claiming such extension is sent to the other party more than 30 days after the
Grand Avenue Improvement project
Crossing No. 101 OR-176.20
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Construction and Maintenance Agreement
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commencement of the cause, the period shall commence to run only 30 days prior to the giving of such notice.
II. Each party to this AGREEMENT covenants and agrees that each party shall carry out all construction and other
work in connection with the PROJECT and the RAILROAD WORK, and any other work perfonned pursuant to
this AGREEMENT, in compliance with all applicable laws, including but not limited to, all applicable federal
and state occupational, safety and health standards, nondiscrimination requirements, accessibility for the disabled,
and prevailing wages
12. In the event any part of this AGREEMENT is declared by a court of competent jurisdiction to be invalid, void or
unenforceable, such part shall be deemed severed trom the remainder of the AGREEMENT and the balance for
the AGREEMENT shall remain in effect.
13. This AGREEMENT shall be construed and interpreted under the laws of the State of California. The venue for
any lawsuit related to this project will be in Orange County, California.
14. Any notice sent by first class mail, postage paid, to the address and addressee, shall be deemed to have been
given when in the ordinary course it would be delivered. The representatives of the parties who are primarily
responsible for the administration of this AGREEMENT, and to whom notices, demands and communications
shall be given are as follows:
Citv:
SCRRA:
Mr. James Ross
Executive Director of Public Works
City of Santa Ana
20 Civic Center Plaza M-21
Santa Ana, CA 92702
E-mail: iross(âJci.santa-ana.ca.us
Telephone: (714) 647-5662
Facsimile: (714) 647-5635
Mr. Naresh Patel
Public Projects Engineer
Southern California Regional Rai I Authority
700 South Flower Street, Suite #2600
Los Angeles, CA 90017-410 I
E-mail: Dateln@scrra.net
Telephone: (213) 452-0254
Facsimile: (213) 452-0423
¡fthere are any changes in the above names and/or addresses, the party desiring to make such change shall give a
written notice to the other respective party within five (5) days of such change.
IN WITNESS WHEREOF, the City of SANTA ANA and the SOUTHERN CALIFORNIA REGIONAL RAIL
AUTHORITY have caused this AGREEMENT executed and attested by their duly qualified and authorized officials.
SOUTHERN CALIFORNIA REGIONAL
RAIL AUTHORITY
"
By:
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CITY OF SANTA ANA, /
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By: '-~tU'-' . J, ~/--
David N. Ream
City Manager
Patricia E. Healy
City Clerk
Na e:
Ti e:
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David Solow
Chief Executive Officer
ATTEST:
By:
APPROVED AS TO FORM:
By:
Los Angeles County
c~.unsel/
, I tU-r~-
Name: It-Il.,> I'''''-kt:--Y'
Title: Deputy County Counsel
APPROVED AS TO FORM:
City of Santa Ana
City Attorney,
By:
l.
Name: Laura Sheedy
Title: Assistant City Attorn y
Grand Avenue Improvement project
Crossing No. 101 OR~176.20
- 6.
Construction and Maintenance Agreement
04/07/04
ATTACHMENT A
DRAWING
Grand Avenue
Orange Subdivision Crossing No. 10 I OR-176.20
Grand A venue Improvement project
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Construction and Maintenance Agreement
ATTACHMENT B
COST ESTIMATE OF SCRRA SERVICES
Grand Avenue
Orange Subdivision Crossing No. 101 OR-176.20
Signal Construction Cost
$181,059.73
Material
Labor
Equipment
Engineering Design
Construction Over Site
$73,735.97
$54,574.08
$13,334.00
$11,561.92
$2,880.00
Sub-Total
$156,085.97
Contingency and Agency Cost
$24,973.76
Total Estimated Signal Cost
$181,059.73
Track Construction Cost
$62,400.00
Improve existing track, Install 48-foot
Panels and all other Incidentals
(48-foot crossing at $1300 per foot)
Engineering, Administration, Consultation, Documentation
$22,000.27
Flagging and Inspection Services
$15.000.00
Total Estimated SCRRA Cost
$280,460,00
Notes:
I.
The cost and expense shown herein is an estimate only and CITY shall reimburse SCRRA on the basis of actual cost.
2.
The CITY will provide Traffic control during SCRRA's grade crossing construction.
Grand Avenue Improvement project
Crossing No. 101 OR-176.20
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Construction and Maintenance Agreement
04/07/04
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