HomeMy WebLinkAbout25B - QUIET ZONE RAILROADREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 20, 2008
TITLE:
AGREEMENTS FOR RAILROAD GRADE
CROSSING SAFETY ENHANCEMENTS
AND SAFETY MEASURES RELATED
TO QUIET ZONE IMPLEMENTATION
~v
' CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1B1 Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the City Manager and the Clerk of the Council to execute the
attached agreements subject to non-substantive changes approved by the
City Manager and City Attorney:
• Cooperative Agreement (C-8-0862) with the Orange County
Transportation Authority (OCTA)
• Construction & Maintenance agreement with the Southern California
Regional Rail Authority (SCRRA) for rail-highway grade crossing
safety enhancements and safety measures related to the Quiet Zone
implementation.
DISCUSSION
The OCTA Grade Crossing Enhancement Program includes approximately $18
million for improvements at ten railroad locations in the City. This
safety enhancement project includes the construction of new medians,
modifications of existing medians, roadway signing and striping,
pedestrian gates and other vehicular gate enhancements, along with
railroad and nearby traffic signal installations and enhancements at the
railroad crossing locations (Exhibit 1).
The attached cooperative agreement indicates that OCTA is responsible for
the design and construction of the project and the City will provide
design review, construction inspection, and other construction support
services in addition to the City's match of 120 of the project for the
cost of construction (approximately $2.1 million). This project will
also provide important safety enhancements that will allow for the
implementation of a future Quiet Zone in the City.
The attached Construction & Maintenance agreement with SCRRA indicates
the responsibilities of all of the agencies involved with regard to the
25B-1
Agreements with OCTA for Railroad
Grade Crossing Safety Enhancements
October 20, 2008
Page 2
construction process, implementation of the Quiet Zone and maintenance
agreements of all newly installed equipment and devices. The City's
share of the yearly maintenance cost will not begin before the FY 2010-
2011.
Both agreements require the City to defend and indemnify OCTA and SCRRA
for any liability related to some of the improvements being constructed,
as well as any City negligence related to future designation of quiet
zones. The City Attorney's Office has expressed reservations regarding
the scope of such obligations as proposed by the agencies. The City
Attorney is continuing to work with the OCTA, SCRRA on specific language.
ENVIRONMENTAL IMPACT
A Notice of Exemption and Categorical Exemption - Class 1 (f) Safety
Protection Devices (ER # 2008-159) has been prepared for the project and
is consistent with both of these agreements.
FISCAL IMPACT
Funds in the amount of $968,000 for the City's share of the design and
construction costs are available in select street construction, Measure M
Street Construction, and Area Fee activities (account nos. 59-551-6631,
32-551-6631, 33-631-6631, 43-631-6631, 48-631-6631, and 49-631-6631,
Project 09-1745C) The balance of the City's share, approximately
$1,132,000, will be budgeted in FY 2009-2010 CIP. Funds for the City's
share of the yearly maintenance cost will be provided beginning FY 2010-
2011(account no. 29-621-6271).
APPROVED AS TO FUNDS AND ACCOUNTS:
Ja es G. Ross Francisco Gutierrez
E ecutive Director Executive Director
ublic Works Agency Finance & Mgmt. Services Agency
25B-2
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SANTA ANA COOPERATIVE AGREEMENT C-8-0862 WITH OCTA
P~1 ENHANCOEMENTS OAND SAFEDTY MEOASURES RELATED TO
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PAGE 1 OF 1
COOPERATIVE AGREEMENT NO. C-8-0862
COOPERATIVE AGREEMENT NO. C-8-0862
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SANTA ANA
FOR
RAIL-HIGHWAY GRADE CROSSING SAFETY ENHANCEMENTS
AND
SAFETY MEASURES RELATED TO QUIET ZONE IMPLEMENTATION FOR CITIES
This Cooperative Agreement ("AGREEMENT") is effective this day of
2008, by and between the Orange County Transportation Authority, 550 South Main Street,
P.O. Box 14184, Orange, CA 92863-1584, a public corporation of the State of California (herein
after referred to as "AUTHORITY"), and the City of Santa Ana, 20 Civic Center Plaza, Santa
Ana, CA (herein after referred to as "CITY").
RECITALS:
WHEREAS, AUTHORITY commissioned a report titled "OCTA Grade Crossing Study"
dated December 31, 2003, providing an assessment of conditions at Rail-Highway Grade
Crossings located in Orange County and which provided recommendations for enhancements
for both motorist and pedestrian safety consistent with current California Public Utilities
Commission ("CPUC") grade crossing safety standards; and
WHEREAS, AUTHORITY, at its June 13, 2005 Board of Directors' meeting, adopted the
recommendation to proceed with the selected implementation strategy for a comprehensive
Rail-Highway Grade Crossing Safety Enhancement Program ("PROGRAM") as set forth
therein; and
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COOPERATIVE AGREEMENT NO. C-8-0862
WHEREAS, AUTHORITY, CITY, CPUC and Southern California Regional Rail Authority
(SCRRA) conducted field diagnostic review meetings between May 22 and May 24, 2006 for all
grade crossings under the jurisdiction of the CITY; and
WHEREAS, SCRRA is an independent joint powers authority created and existing
pursuant to California Public Utilities Code Section 130255 and California Government Code
Sections 6500 et seq.; and
WHEREAS, SCRRA will be responsible for the delivery of the PROJECT in accordance
with the scope of work and agreement established with the AUTHORITY and SCRRA's Joint
Powers Agreement budget process; and
WHEREAS, AUTHORITY, at its August 27, 2007 Board of Directors' meeting, adopted
a recommendation to include into the PROGRAM improvements designed to help enable CITY
to establish a quiet zone; and
WHEREAS, in consideration of the implementation strategy, diagnostic reviews and
quiet zone considerations, CITY and AUTHORITY desire to cooperate and complete rail-
highway grade crossing safety enhancements, as set forth in Exhibit A, at the grade crossings
under the jurisdiction of the CITY, herein referred to as the "PROJECT"; and
WHEREAS, the AUTHORITY and CITY agree to a cost sharing formula of 88 percent
provided by the AUTHORITY and 12 percent provided by the CITY for the PROGRAM and
improvements within the CITY's jurisdiction; and
WHEREAS, the intent of the parties is that the PROJECT shall be implemented with the
least amount of disruption to vehicle and rail traffic; and
WHEREAS, CITY and AUTHORITY wish to enter this AGREEMENT to specify the
roles, responsibilities, terms and conditions under which the PROGRAM is to be financed,
designed, and constructed.
WHEREAS, CITY and AUTHORITY acknowledge that AUTHORITY's obligation is to
fund and oversee the PROJECT under this AGREEMENT and AUTHORITY'S obligations
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COOPERATIVE AGREEMENT NO. C-8-0862
under this AGREEMENT are contingent upon CITY's approval of environmental review of the
PROJECT pursuant to the California Environmenal Quality Act; and
WHEREAS, AUTHORITY's obligations under this AGREEMENT are subject to CITY'S
approval of CITY's review of the PROGRAM pursuant to the California Environmental Quality
Act, Public Resources Code section 21000 et seq ("CEQA"). AUTHORITY shall have no
obligations under this AGREEMENT, and the AGREEMENT shall have no force and effect,
unless and until AUTHORITY determines, in its sole and absolute discretion, that CITY has
completed and approved all applicable CEQA reviews and made any and all appropriate and
applicable findings under CEQA as required by law.
NOW, THEREFORE, it is mutually understood and agreed by CITY and AUTHORITY
as follows:
ARTICLE 1. COMPLETE AGREEMENT
This AGREEMENT, including all exhibits and documents incorporated herein and made
applicable by reference, constitutes the complete and exclusive statement of the terms and
conditions of this AGREEMENT concerning the work identified herein and prior
representations, understandings and communications between the parties. The invalidity in
whole or part of any term or condition of this AGREEMENT shall not affect the validity of the
other terms or conditions.
ARTICLE 2. SCOPE OF SERVICES
A. This AGREEMENT specifies the procedures that AUTHORITY and CITY will
follow in connection with the work to be performed. AUTHORITY agrees to provide all
improvements identified in Exhibit A, "Scope of Work", which by this reference is
incorporated into this AGREEMENT subject to ARTICLE 5. Both AUTHORITY and CITY agree
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COOPERATIVE AGREEMENT NO. C-8-0862
that each will cooperate and coordinate with the other in all activities covered by this
AGREEMENT and any other supplemental agreements.
B. The Scope of Work in Exhibit A relating to safety enhancements and quiet zone
improvements, are based upon the report titled "OCTA Grade Crossing Study" dated December
31, 2003, and as refined during the diagnostic meetings discussed above, as well as
subsequent discussions and recommendations by SCRRA, the City, the PUC, and the City's
follow-up Final Report dated September 15, 2004, entitled: "Santa Ana Grade Crossing Mobility
Study." Enhancements to be included as part of this AGREEMENT are limited to those
described in Exhibit A only.
ARTICLE 3. RESPONSIBILITY OF THE AUTHORITY
AUTHORITY agrees to the following, subject to the requirements of ARTICLE 5 of the
AGREEMENT:
A. AUTHORITY will enter into and maintain an agreement with SCRRA for design,
CPUC crossing modification applications, construction management, material procurement,
cost estimates and construction of rail-highway grade crossing enhancements, which include
safety related improvements and quiet zone related improvements set forth in Exhibit A.
B. Subject to CITY'S 12% matching funds contribution and the work and services
described in Article 4 as being the responsibility of the CITY, AUTHORITY will fund the actual
cost of all PROJECT improvements including but not limited to, right of way acquisition
(including attorney's fees and litigation costs, if any) and utility relocations deemed necessary
and appropriate by AUTHORITY and CITY for implimentation of the PROJECT , and excluding
CITY costs using funding provided by Commuter Urban Rail Endowment Funds, Renewed
Measure M funds.
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COOPERATIVE AGREEMENT NO. C-8-0862
C. AUTHORITY will retain program oversight by controlling the funding and by
establishing program milestones and overseeing the PROJECT development.
D. AUTHORITY staff will maintain active communications with CITY staff and
provide CITY with public outreach support for the PROJECT. AUTHORITY will assist in building
consensus among affected parties in regard to the required enhancements.
E. AUTHORITY will submit detailed monthly invoices to CITY for payment of CITY's
required twelve percent local matching funds.
F. AUTHORITY shall obtain, prepare, and furnish to CITY appraisal and legal
descriptions (including maps) depicting the location and extent of the right-of-way and
temporary construction easements (TCE) to be acquired and preliminary title reports for each
such parcel from a title insurance company acceptable to CITY.
ARTICLE 4. RESPONSIBILITIES OF CITY
CITY agrees to the following, subject to the requirements of Article 5 of the
AGREEMENT:
A. CITY will advise AUTHORITY as early as possible of current, and a minimum of
thirty (30) days in advance of any planned work in the vicinity of the crossings during the term
of the PROJECT.
B. CITY will provide AUTHORITY, within thirty (30) days of request by
AUTHORITY, access to its record plans and survey data of CITY infrastructure that may assist
in design of the PROJECT.
C. CITY, as the improvements desired herein are in part funded by CITY and
therefore considered in part City improvements, shall be responsible for arranging for the
relocation or protection of all private and public utilities impacted by the PROJECT and
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COOPERATIVE AGREEMENT NO. C-8-0862
enforcing all utility agreements entered into by the AUTHORITY in accordance with the
PROJECT schedule.
D. CITY will review and provide comments on progress plans. CITY will review and
approve final plans and as-builts for all street, civil and traffic signal improvements, including
providing a CITY approval signature on final plans, in a timely manner, at no cost to
AUTHORITY, SCRRA or the PROJECT. Reviews and approvals by CITY shall be complete
within 30 days of receipt of plan submittals. CITY will ensure all applicable CITY departments,
including field representatives, participate in said reviews.
E. CITY will not charge any fees or assessment to SCRRA for any permits or
licenses required for implementation of this PROJECT.
F. CITY is responsible for Right-of-Way acquisition, including Temporary
Construction Easements deemed necessary by AUTHORITY in connection with the
construction and use of the PROJECT and in accordance with all applicable laws, ordinances,
rules and regulations of any governmental bodies or courts with jurisdiction. The CITY will use
its best good faith efforts to acquire the right-of-way and TCE's in accordance with
AUTHORITY'S PROJECT schedule, but its failure to acquire such right-of-way and TCE'S
within the time frame set forth in the AUTHORITY'S PROJECT schedule shall not constitute a
breach or default by CITY under this Agreement. Additionally City is responsible for any and all
environmental clearances, and securing any and all necessary environmental or other
approvals for the PROJECT.
G. CITY will not establish a Quiet Zone until after all of the construction
improvements are competed.
H. CITY may, at its discretion, provide construction inspection services in a timely
fashion, and at no cost to AUTHORITY, SCRRA or the PROJECT, as necessary to satisfy
CITY that work is being conducted in accordance with CITY-approved plans. Should City fail to
provide services within seven (7) days of the request for service, the AUTHORITY may take
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COOPERATIVE AGREEMENT NO. C-8-0862
necessary action to perform inspection services and will furnish CITY with a report of such
service, if requested.
I. CITY will, during the construction phase of the PROJECT, work with SCRRA,
and SCRRA's construction contractor(s) to approve requests by SCRRA and/or SCRRA's
contractor(s) to temporarily close individual grade crossings over weekend work windows (work
windows will be from Friday night, no earlier than 8:00 pm, to Monday morning, no later than
6:00 am), for the purposes of constructing the PROJECT. At least 30 day advance notice shall
be provided to CITY by SCRRA and/or SCRRA's contractor(s) for any desired closures. No
adjacent grade crossings shall be closed without written approval from the CITY.
J. CITY will, within thirty (30) days of submittal to CITY, review and approve
SCRRA's and/or SCRRA's contractor(s) traffic control plans for closing a crossing and
detouring traffic.
K. CITY will pay to AUTHORITY, within 30 days of submittal of invoice(s) from
AUTHORITY and subject to the CITY's normal accounting procedures, the requested portion of
the CITY's 12 percent local matching funds for the PROJECT. Invoices shall be based on
actual costs and shall not be limited to current estimated costs at the time of the AGREEMENT.
L. CITY will be responsible for implementing a Public Awareness Campaign (PAC),
which advises city, local businesses, residents, motorists, and media of PROJECT and
construction-related activities. AUTHORITY shall provide its public outreach expertise and
presentation materials for CITY.
M. Should the CITY advance grade crossing improvements, in order for these
improvements to be funded by AUTHORITY, they must meet SCRRA standards.
N. The estimated expenditure schedule for CITY's local matching funds is as
follows:
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COOPERATIVE AGREEMENT NO. C-8-0862
FISCAL YEAR CITY'S SHARE (12 percent) OF ESTIMATED
PROJECT COST
2008/2009 $1,330,098
2009/2010 $570,042
Total $1,900,140
O. CITY will pay to AUTHORITY the entire cost of any CITY-requested betterments
or enhancements not included in the Scope of Work described in Exhibits A.
P. CITY will, at its option, initiate and apply to the Federal Railroad Administration
for establishment of a quiet zone. Quiet zone is defined as a segment of the rail line, wherein is
situated one or a number of consecutive public rail-highway crossings at which locomotives
horns are not routinely sounded (49 CFR 222.9). CITY will ensure that they follow SCRRA
Quiet Zone Implementation Guidelines and Procedures, which can be accessed through
SCRRA's website www.metrolinktrains.com, sub-sections "About US," then "Public Project,"
and then "Grade Crossing Section."
Q. CITY will, prior to allocation of any construction funding by AUTHORITY or
commencement of any construction activity, enter into a separate Construction and
Maintenance Agreement (C&M Agreement) with SCRRA. The C&M Agreement will establish
the rights and obligations of each party relating to the construction and maintenance of the
subject crossings.
R. At crossings at which interconnected City traffic signals exist or are proposed,
CITY will provide requested advance preemption time to AUTHORITY for use in designing the
railroad crossing warning system.
ARTICLE 5. CALIFORNIA ENVIRONMENTAL QUALITY ACT
AUTHORITY'S obligations under this AGREEMENT are subject to CITY's successful
completion of CITY's review of the PROJECT pursuant to the California Environmental Quality
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COOPERATIVE AGREEMENT NO. C-8-0862
Act, Public Resources Code section 21000 et seq ("CEQA"). AUTHORITY shall have no
obligation under this AGREEMENT, and the AGREEMENT shall have no force and effect,
unless and until AUTHORITY determines, in its sole and absolute discretion, that CITY has
completed all applicable CEQA reviews and made any and all appropriate and applicable
findings under CEQA as required by law. AUTHORITY commits to cooperate with CITY in
preparation of required environmental documents.
ARTICLE 6. DELEGATED AUTHORITY
The actions required to be taken by CITY in the implementation of this AGREEMENT
are delegated to its City Manager, or his designee, and the actions required to be taken by
AUTHORITY in the implementation of this AGREEMENT are delegated to its Chief Executive
Officer.
ARTICLE 7. AUDIT AND INSPECTION
AUTHORITY and CITY shall maintain a complete set of records in accordance with
generally accepted accounting principles. Upon reasonable notice, AUTHORITY shall permit
the authorized representatives of the CITY to inspect and audit all work, materials, payroll,
books, accounts, and other data and records of AUTHORITY for a period of four (4) years after
final payment, or until any on-going audit is completed. For purposes of audit, the date of
completion of this AGREEMENT shall be the date of CITY's payment of AUTHORITY's final
billing (so noted on the invoice) under this AGREEMENT. CITY shall have the right to
reproduce any such books, records, and accounts. The above provision with respect to audits
shall extend to and/or be included in contracts with AUTHORITY'S contractors, including
SCRRA and its contractors.
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25B-12
COOPERATIVE AGREEMENT NO. C-8-0862
ARTICLE 8. INDEMNIFICATION AND INSURANCE
A. AUTHORITY shall defend, indemnify, and hold harmless the CITY, its officers,
agents, elected officials, and employees, from all liability, claims, losses and demands,
including defense costs and reasonable attorneys' fees, whether resulting from court action or
otherwise, arising out of the acts or omissions of AUTHORITY, its officers, agents, or
employees, in the performance of the AGREEMENT, excepting acts or omissions directed by
the CITY, its officers, agents, or employees, acting within the scope of their employment, for
which the CITY agrees to defend and indemnify AUTHORITY in a like manner. CITY shall
defend, indemnify and hold harmless the AUTHORITY, its officers, agents, elected officials,
and employees, from all liability, claims, losses and demands, including defense costs and
reasonable attorneys' fees, whether resulting from court action or otherwise, arising out of the
acts or omissions of the CITY, its officers, agents, or employees, in the performance of the
AGREEMENT, excepting acts or omissions directed by the AUTHORITY, its officers, agents, or
employees, acting within the scope of their employment, for which the AUTHORITY agrees to
defend and indemnify AUTHORITY in a like manner. This indemnity shall survive even after
the termination of this AGREEMENT.
B. CITY shall defend, indemnify, and hold harmless the SCRRA and its member
agencies, including the AUTHORITY, as well as their respective board members, officers,
agents, volunteers, contractors and employees (SCRRA indemnities) from any and all liability,
loss, expense (including reasonable attorneys' fees and other defense costs), demands, suits,
liens, damages, costs, claims, including but not limited to claims for bodily injury, death,
personal injury, or property damage, that are incurred by or asserted against the SCRRA
indemnities arising out of or connected with any negligent acts or omissions on the part of the
CITY, its council, officers, agents, contractors, or employees under or in connection with any
work, authority or jurisdiction delegated to the CITY related to establishment and operation of a
Quiet Zone at arail-highway grade crossings. This indemnity shall survive even after the
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25B-13
COOPERATIVE AGREEMENT NO. C-8-0862
termination of this AGREEMENT.
ARTICLE 9. ADDITIONAL PROVISIONS
The AUTHORITY and CITY agree to the following mutual responsibilities for PROJECT:
A. AUTHORITY and CITY will jointly participate in progress, coordination and
additional field diagnostic team meetings as needed to implement the PROJECT.
B. Term of Agreement -All work must be completed pursuant to the PROJECT
schedule identified in Exhibit A and no later than December 31, 2010. This AGREEMENT shall
continue in full force and effect through December 31, 2010, unless terminated earlier, or
extended, by mutual written consent by both Parties.
C. This AGREEMENT may be amended in writing at any time by the mutual
consent of both parties. No amendment shall have any force or effect unless executed in
writing by both parties.
D. Notices -Any notices, requests, or demands made between the Parties
pursuant to this AGREEMENT 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 COOPERATIVE Agreement, and to whom notices, demands and
communications shall be given are as follows:
To CITY: To AUTHORITY:
Mr. George Alvarez Darrell Johnson
City Engineer Director, Transit Project Delivery
Public Works Agency Orange County Transportation Authority
City of Santa Ana 550 South Main Street
P.O. Box 1988 P. O. Box 14184
Santa Ana, CA 92702 Orange, CA 92863-1584
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25B-14
COOPERATIVE AGREEMENT NO. C-8-0862
E-mail: galvarez@ci.santa-ana.ca.us E-mail: djohnson aC~octa.net
Telephone: (714) 647-5659 Telephone: (714) 560-5343
Facsimile: (714) 647-5670 Facsimile: (714) 560-5794
If there 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.
E. The provision of this AGREEMENT shall bind and inure to the benefit of each of
the parties hereto and all successors or assigns of the parties hereto.
F. Severability - If any term, provision, covenant, or condition of this AGREEMENT
is held to be invalid, void, or otherwise unenforceable, to any extent, by any court of competent
jurisdiction, the remainder of this AGREEMENT shall not be affected thereby, and each term,
provision, covenant or condition of this AGREEMENT shall be valid and enforceable to the
fullest extent permitted by law.
G. Counterparts of Agreement -This AGREEMENT may be executed and
delivered in any number of counterparts, each of which, when executed and delivered shall be
deemed an original and all of which together shall constitute the same agreement. Facsimile
signatures will be permitted.
H. Force Maieure -Either Party shall be excused from performing its obligations
under this AGREEMENT during the time and to the extent that it is prevented from performing
by an unforeseeable cause beyond its control, including but not limited to; any incidence of fire;
flood; acts of God; commandeering of material, products, plants or facilities by the federal, state
or local government; national fuel shortage; or a material act or omission by the other party;
when satisfactory evidence of such cause is presented to the other Party, and provided further
that such nonperformance is unforeseeable, beyond the control and is not due to the fault or
negligence of the Party not performing.
I. Assignment -Neither this AGREEMENT, nor any of the Parties rights, obligations,
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COOPERATIVE AGREEMENT NO. C-8-0862
duties, or authority hereunder may be assigned in whole or in part by either Party without the prior
written consent of the other Party in its sole, and absolute discretion. Any such attempt of
assignment shall be deemed void and of no force and effect. Consent to one assignment shall not
be deemed consent to any subsequent assignment, nor the waiver of any right to consent to such
subsequent assignment.
J. Obligations To Comply with Law -Nothing herein shall be deemed nor construed
to authorize or require any Party to issue bonds, notes, or other evidences of indebtedness under
the terms, in amounts, or for purposes other than as authorized by local, state or federal law.
K. Governing Law -The laws of the State of California and applicable local and
federal laws, regulations and guidelines shall govern this AGREEMENT.
L. Legal Authority - Signators of AUTHORITY and CITY hereto warrant that they
are duly authorized to execute this AGREEMENT on behalf of said respective Parties and that,
by so executing this AGREEMENT, the Parties hereto are formally bound to the provisions of
this AGREEMENT.
This AGREEMENT shall be effective upon execution by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT No. C-8-
0862 to be executed on the date first above written.
CITY OF SANTA ANA
By:
David N. Ream
City Manager
ATTEST:
By:
Patricia E. Healy
City Clerk
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ORANGE COUNTY TRANSPORTATION AUTHORITY
25B-16
By:
Arthur T. Leahy
Chief Executive Officer
Page 13 of 15
COOPERATIVE AGREEMENT NO. C-8-0862
APPROVED AS TO FORM
ay:
Joseph W. Fletcher
City Attorney
Date:
APPROVAL RECOMMENDED:
By:
James G. Ross
Executive Director, Public Works
Date:
APPROVED AS TO FORM:
By:
Kennard R. Smart, Jr.
General Counsel
APPROVAL RECOMMENDED:
ay:
Kia Mortazavi
Executive Director, Development
Date:
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COOPERATIVE AGREEMENT NO. C-8-0862
Exhibit A
[On file in Public Works]
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25B-18
CONSTRUCTION AND MAINTENANCE AGREEMENT
RAIL-HIGHWAY CROSSING SAFETY ENHANCEMENTS AND
SAFETY MEASURES RELATED TO QUIET ZONE IMPLEMENTATION
FOR THE CITY OF SANTA ANA
SCRRA File No. G0000741
SCRRA Pro~ect/Task Nos. 860557
This Construction and Maintenance Agreement ("AGREEMENT") is made and entered
into on this day of 2008, by and between the City of Santa
Ana, a charter city and municipal corporation duly organized and existing under the
Canstitution and laws of the State of California, hereinafter referred to as the "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 afive-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 "METROLINK" commuter train system. The five-county
member agencies are comprised of the following: Los Angeles County Metropolitan
Transportation Authority ("METRO"), Ventura County Transportation Commission
("VCTC"), Orange County Transportation Authority ("OCTA"), San Bernardino Associated
Governments ("SANBAG"), and Riverside County Transportation Commission ("RCTC").
SCRRA builds, operates, and maintains a commuter rail system 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 the OCTA.
In May 2005, OCTA authorized the Grade Crossing Safety Program ("PROGRAM"). This
Program was based on a report entitled "Grade Crossing Study", prepared by Korve
Engineering, for OCTA, in December 2003. The Grade Crossing Study recommended
safety enhancements to 64 at-grade crossings in Orange County. Subsequent to this
Grade Crossing Study, OCTA separated 12 grade crossings located in the City of
Placentia from further study because the City of Placentia already had a process in place
to enhance and improve the crossings for quiet zone purposes. In April 2006, SCRRA,
OCTA, the California Public Utilities Commission ("CPUC") and the Participating Cities as
identified in the Grade Crossing Study began field diagnostic meetings at each of the at-
grade crossings within the program. The diagnostic meetings were completed in
November of 2006, and SCRRA produced exhibits for these fifty-two (52) crossings
(including a private crossing) showing the scope of the improvements. Upon completion
of these exhibits, the SCRRA Staff convened for a series of three (3) meetings, the
Grade Crossing Safety Enhancement Project Page 1 of 14 Draft Construction and Maintenance Agreement
City of Santa Ana 10/17/08
25B-19
purpose of which was to assess the recommendations from aprogram-wide standpoint in
order to ensure consistency within the diagnostic meetings recommendations. The
exhibits for each of the crossings were then finalized and cost estimates were developed
for the recommended enhancements. During this process, a scope of work was identified
for Tier 1 and Tier 3 Improvements, where Tier 1 Improvements are defined as Safety
Enhancements, and Tier 3 Improvements are defined as improvements for the purpose of
allowing the Cities to request a Quiet Zone Designation from the Federal Railroad
Administration ("FRA"). Tier 2 improvements (additional City requested improvements)
were not identified during the diagnostic meetings.
OCTA, SCRRA, and the CITY wish to work as partners to implement railroad grade
crossing safety enhancements and safety measures related to quiet zone implementation
for the participating cities within the County of Orange. OCTA will provide funding for the
railroad grade crossing safety enhancements and safety measures related to quiet zone
implementation, which includes 12% matching funds from the CITY. OCTA will prepare
and enter into a Cooperative Agreement ("COOP") with the CITY for the local share (12%
matching funds) of the project costs. OCTA and SCRRA have entered into a Cooperative
Agreement to establish roles, responsibilities, funding, and processes for the design and
construction to implement railroad grade crossing safety enhancements and measures
related to quiet zone implementation for cities within the County of Orange.
The CITY, SCRRA, and OCTA will work to prepare design documents, and will construct
Tier 1 and Tier 3 grade crossing safety enhancements and safety measures related to
quiet zone implementation, at the following grade crossings, located in the CITY, and as
per the details shown in Exhibit A attached hereto and made a part hereof and
hereinafter referred to as "PROJECT".
Grade Crossing Subdivision Milepost CPUC No. DOT No.
Fairhaven Avenue Orange 00173.60 101 OR-173.60 026697B
Santa Clara Avenue Orange 00174.20 101 OR 174-20 026698H
17th Street Orange 00174.20 101 OR 174-70 026699P
Santa Ana Blvd. Orange 00175.10 101 OR 175-10 026702V
Fourth Street Orange 00175.40 101 OR-175-40 026703C
Chestnut Street Orange 00175.80 101 OR-175.80 026740E
Grand Avenue Orange 00178.20 101 OR-176.20 026741 L
Lyon Street Orange 00176.60 101 OR-176.60 026742T
McFadden Street Orange 00176.70 101 OR-176.70 026743A
Ritchey Street Orange 00176.80 101 OR-176.80 026744G
Upon completion of the PROJECT, CITY may establish a quiet zone within its
jurisdictional boundaries pursuant to the FRA requirements and SCRRA's Quiet Zone
Implementation Guidelines and Procedures adopted April 21, 2006. SCRRA will notify
the CITY and OCTA when the PROJECT is completed.
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SCRRA and "Operating Railroads" [as used herein "Operating Railroads means any other
passenger or freight-related railroad company(s) operating on SCRRA track(s), including
the National Railroad Passenger Corporation ("AMTRAK"), the Union Pacific Railroad
Company ("UPRR"), and the BNSF Railway Company ("BNSF")], operate trains and rail
equipment through the crossing locations on tracks and right-of-way owned by OCTA.
CITY and SCRRA desire to cooperate and complete the PROJECT 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 the CITY agree as follows:
SECTION I
SCRRA AGREES:
To manage and oversee the design, construction, construction management
(including inspection and materials testing and the preparation of traffic control
and detour plans), and cause the completion of the PROJECT, in accordance with
the approved PROJECT Plans and Specifications, as well as to manage,
coordinate and exercise control over all activities of SCRRA's employees, agents,
consultants, contractors, suppliers, and vendors.
2. To submit milestone plans (30%, 60%, and 100%, and Final Design) to the City
for approval of improvements to be constructed in City right of way or jurisdiction
during construction, SCRRA traffic pre-emption timing requests, and grade
crossing closure requests, including temporary traffic control plans, to perform the
work included in the PROJECT.
3. To provide cost estimates for the PROJECT (30%, 60%, and 100%, and Final
Design) to the CITY for approval. The costs based on 100% design are as shown
on Exhibit B (Project Cost Estimate) attached hereto and made a part hereof.
4. To include in its Contract Task Order ("CTO") with the design consultant, design
services to determine the need for pre-signals and queue-cutter signals, traffic
signal modifications, and preemption criteria and calculations, in order to assist
the CITY to meet the schedule of this PROJECT. SCRRA will provide to the CITY
as a part of the milestone plan submittals, traffic signal design (pre-signal and
queue-cutter signals), traffic signal modification design, preemption calculations
and other ancillary services related to the CITY traffic signals.
5. Conduct diagnostic meeting(s) with CPUC, OCTA, and the CITY and other
Operating Railroads as necessary to complete CPUC applications.
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6. To perform all work within the limits of the CITY right-of-way in a good and
workmanlike manner, and in accordance with plans and specifications approved
by the CITY. SCRRA's construction contractor shall obtain an encroachment
permit, at no fee to either SCRRA or it's contractor, from the City for the work
performed in the City's right of way. Changes or modifications during construction
that affect the CITY right-of-way shall be submitted to the CITY for written
approval. SCRRA shall conduct all of its activities in association with the
PROJECT in a good and competent manner and in compliance with all applicable
federal, state and local rules and regulations and SCRRA's applicable design
criteria, standards, policies, practices, and guidelines specifically including
SCRRA's Quiet Zone Implementation Guidelines and Procedures, attached as
Exhibit C.
7. To make all necessary arrangements for the protection, relocation or removal of
any public or private utility facility that conflicts with the PROJECT.
8. To obtain, prior to commencing construction work, and comply with any and all
approvals, permits, licenses and other authorizations required by applicable laws,
regulations, rules and ordinances, including obtaining CPUC approval of the
PROJECT plans.
9. To maintain, repair and renew each crossing area between lines two (2) feet
outside of the rails of each track. When two or more tracks are involved, SCRRA
shall maintain and repair, at its expense, the area between the tracks where the
distance between the centerlines of tracks is fifteen (15) feet or less measured at
the centerline of the highway, normal to the tracks. This work shall be done
pursuant to CPUC General Order 72-B.
10. To maintain, repair, and renew the railroad automatic warning devices ,pedestrian
warning devices, vehicle intrusion detection devices, emergency exit swing gates,
detectible warning tactile strips, striping between the warning devices and
channelization devices for pedestrians (fencing and hand railing).
SECTION II
CITY AGREES:
To conduct timely review of SCRRA's milestone plan submittals (30%, 60%, and
100%, and Final Design), timely review of changes to the plans constructed on
CITY right of way or jurisdiction during construction, timely submittal of SCRRA
traffic pre-emption timing requests, timely review and approval of final SCRRA
construction plans, timely granting of encroachment permits to SCRRA and its
construction contractors (upon request by the construction contractor in order to
not create any construction related delays to the Project), and timely granting of
grade crossing closure requests including traffic detour plans to perform the work
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included in the PROJECT. In the event the CITY fails to provide timely review
and/or approval as provided herein, SCRRA may eliminate those affected
crossings from the PROJECT at SCRRA's sole discretion. SCRRA will however,
advise the CITY of its decision to do so, in an attempt to come to a resolution prior
to eliminating any crossings from the program. With respect to this paragraph,
timely shall mean thirty (30) calendar days or less.
2. To provide timely written approval and sign off by an authorized CITY
representative of the Final Design PROJECT plans, prior to SCRRA initiating
PROJECT construction. Upon receipt of SCRRA's written notification that the
PROJECT has been completed, the CITY will provide timely written acceptance
and approval by an authorized CITY representative of the PROJECT, and SCRRA
shall deliver to the CITY a complete set of as-built plans, including any street,
sidewalk, traffic signal and other related PROJECT changes or improvements
under jurisdiction of the CITY. The final as-built plans shall be submitted on 24" x
36" high quality mylar and on computer CD-ROM or DVD. The as-built plans shall
be approved in accordance with the PROJECT schedule. For the purpose of this
paragraph, timely means within thirty (30) calendar days.
3. To review and approve in writing traffic signal modifications, pre-signals and
queue-cutter signals and preemption criteria and calculations submitted by
SCRRA's design consultant(s) within thirty (30) days of submittal.
4. To allow each grade crossing to be fully closed, following issuance of an
encroachment permit by the City, for not more than fifty-six (56) hours over a
weekend period on two (2) occasions to perform the necessary work for the
PROJECT. SCRRA shall advise emergency agencies and the public of the
closure of the crossing seven (7) days in advance of the closure, including
providing all necessary temporary traffic control devices, and continue such
closure until the signal and track work is completed by SCRRA. No more than two
consecutive grade crossings shall be closed at any given time without prior written
approval from the CITY.
5. Attend diagnostic meeting(s) with CPUC, FRA, and OCTA, and other operating
railroads as necessary to complete CPUC applications.
6. To acquire right of way and/or Temporary Construction Easements ("TCE's"),
and/or property and rights, in the event any right of way, TCE, and/or property
rights are deemed by CITY and/or SCRRA to be necessary for the construction,
maintenance and use of the property and its appurtenances, or for the
performance of any work in connection with the PROJECT. The CITY is
responsible for securing any and all environmental clearances required for the
PROJECT under the California Environmental Quality Act ("CEQA").
7. Upon SCRRA's notification to the CITY of completion of the PROJECT, the CITY
may establish a quiet zone within their jurisdictional boundaries pursuant to the
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FRA requirements and SCRRA's Quiet Zone Implementation Guidelines and
Procedures adopted April 21, 2006. SCRRA's Quiet Zone Implementation
Guidelines and Procedures are attached as Exhibit C (SCRRA's Quiet Zone
Implementation Guidelines), and are incorporated herein by reference as though
fully set forth, unless otherwise specifically excluded, supplemented by the terms
of this Agreement, or are otherwise not applicable as determined by SCRRA. by
the terms of this Agreement. Except to the extent that the CITY elects to contract
for any part of the construction of the PROJECT, Section 2.9, "Insurance" of
SCRRA's Quiet Zone Implementation Guidelines is hereby excluded from this
Agreement; provided however, that the CITY shall follow SCRRA's Quiet Zone
Implementation Guidelines. The CITY shall maintain adequate reserves and/or
appropriate limits of insurance coverage to meet its defense and indemnification
obligations as set forth herein and in SCRRA's Quiet Zone Implementation
Guidelines. With respect to Section 2.8, "Indemnification", the CITY's defense
and indemnity obligations as set forth in Section 2.8 shall remain as stated, with
the exception that its defense and indemnity obligations will not extend by contract
to the Operating Railroads.
8. Pay SCRRA a yearly maintenance fee of $31,200 dollars, which is to include the
costs at all the crossings that currently have exit gates to be constructed as a part
of this project, (which represents one hour @$200/hour per month, for each of the
exit gates within the PROJECT, to be augmented by 4% per annum beginning in
fiscal year 2011), for all maintenance and repair and regulatory required testing of
the exit gates and the traffic detection loops associated with said exit gates,
necessary for the CITY to achieve Quiet Zone Status from the FRA as per the
current FRA's Use of Locomotive Horns at Highway-Rail Grade Crossings Final
Rule (49 CFR Parts 222 and 229). The CITY will pay the maintenance fee, once
per annum, within thirty (30) days of receipt of the invoice from SCRRA, which
maintenance is set forth in SCRRA's Quiet Zone Implementation Guidelines.
9. 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, TCE, or inspection deemed by SCRRA to
be required to protect SCRRA tracks or the traffic moving thereon shall be paid for
by CITY.
10. To control or remove at CITY expense weeds, trees, shrubbery or other
vegetation located within the CITY easement or on or about the CITY crossing
easement area so that it does not become a fire hazard; obstruct visibility of
railroad signs and signals along the right-of-way and at highway-rail crossings;
obstruct visibility of trains or rail equipment; interfere with railroad employees
performing normal trackside duties; prevent proper functioning of signal and
communication lines or impede railroad employees visually inspecting moving
equipment. If CITY may not lawfully perform the control or removal work, CITY
shall reimburse SCRRA for the cost of performing such control or removal.
11. Except as provided for in Paragraphs 10 and 11 of Section I, CITY shall maintain
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and repair, at CITY's expense, any pavement, street improvement, street lighting,
traffic signals, sidewalks, curb and gutter, raised medians and traffic striping and
signage within or on the approaches to the crossing. This work shall be done
pursuant to CPUC General Order 72-B, when applicable. Further, the CITY shall
procure Railroad Protective Liability Insurance when appropriate, as required by
SCRRA guidelines for working within the railroad right of way or within twenty (20)
feet of any track.
12. If in the future, following the completion of the project, the CITY elects to perform
modifications and changes to the crossing or street and sidewalk approaches to
the crossing including widening or replacement of the crossing surface, then CITY
shall obtain approval for the modification or changes from SCRRA and if
applicable from the CPUC and shall reimburse SCRRA for its track, signal and
other related work associated with implementing the CITY'S changes and
modifications.
13. If in the future, CITY elects or is required by competent authority to have SCRRA
raise or lower the grade of all or any portion of the track or tracks located on the
crossing easement, CITY shall at its expense conform the street and highway in
the crossing easement area to conform with the change of grade of the trackage.
In addition, CITY shall also reimburse SCRRA for the cost associated with the
modifications to the grades of the tracks.
14. To reimburse SCRRA for the costs incurred by SCRRA for any additional work
performed within the crossing areas after the PROJECT work is completed, 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
of SCRRA within or in the vicinity of the crossing areas may be performed without
prior approval and shall be reimbursed by OCTA. SCRRA shall, as soon as
reasonably practicable, notify CITY of said emergency and the nature of the work
performed.
SECTION III
MUTUAL AGREEMENT:
Neither SCRRA, nor any of SCRRA's 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 or CITY Indemnitees (as defined in Paragraph 2 of this Section) under or in
connection with the PROJECT. CITY shall indemnify, defend and hold harmless
SCRRA, as well as its board members, member agencies, officers, volunteers,
and employees ("SCRRA Indemnitees") from any and all liability, loss, expense
(including reasonable attorneys' fees and other defense costs), demands, suits,
liens, damages, costs, claims, including but not limited to, claims for bodily injury,
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death, personal injury, or property damage, that are incurred by or asserted
against the SCRRA Indemnitees arising out of or connected with any negligent
acts or omissions on the part of the CITY and CITY Indemnities, and any SCRRA
contractors, consultants, architects, of any grade, that are retained by SCRRA
under or in connection with the PROJECT. However, with respect to the CITY's
defense and indemnity obligations to SCRRA and SCRRA Indemnities for any
negligent acts or omissions on the part of any SCRRA contractors, consultants,
architects, of any grade, that are retained under or in connection with the
PROJECT, the CITY's defense and indemnity obligations will be limited to the
design, construction, maintenance and/or operation of the exit gates and
associated traffic detection loops; and any pavement, street improvements, street
lighting, traffic signals, sidewalks, curbs and gutters, raised medians, traffic
striping and vehicular signage within or on the approaches to the crossing, as well
as within the CITY's streets and public right-of-way. This indemnity shall survive
completion of the PROJECT, and 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 directly on the part of SCRRA or the SCRRA Indemnitees in connection
with the PROJECT. SCRRA shall indemnify, defend and hold harmless CITY, as
well as its council, officers, agents, contractors, and employees ("CITY
Indemnitees") from any and all liability, loss, expense (including reasonable
attorneys' fees and other defense costs), demands, suits, liens, damages, costs,
claims, including but not limited to, claims for bodily injury, death, personal injury,
or property damage, that are incurred by or asserted against the CITY
Indemnitees arising out of or connected with any negligent acts or omissions
directly on the part of SCRRA, its board members, officers, volunteers, or
employees under or in connection with the PROJECT. This indemnity shall
survive completion of the PROJECT and termination of this AGREEMENT.
3. SCRRA will include a provision requiring its design consultant for this PROJECT,
JL Patterson and Associates, to name the CITY as an additional insured under its
professional services policy under the design services contract for this PROJECT.
SCRRA will additionally include a provision in its construction contract for the
PROJECT requiring the construction contractor to indemnify the CITY for and
against claims arising out of the PROJECT to the same extent that the
construction contractor will indemnity SCRRA against such claims. SCRRA will
also include a provision in its construction contract for the PROJECT that will
require the construction contractor to add the CITY as an additional insured to its
comprehensive general liability insurance policy required under the construction
contract.
4. This AGREEMENT shall continue in force and effect until mutual termination by
the parties. The covenants and provisions of this AGREEMENT shall be binding
upon and inure to the benefit of the successors and assigns of SCRRA and CITY.
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5. This AGREEMENT may only 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 covered by this AGREEMENT
shall be open to inspection and audit by representative of the SCRRA and CITY
for three (3) years after payment of final invoice. If funding is provided by State
and FHWA, under Section 130, the books pertaining to the work shall be open to
inspection and audit by representative of the State and FHWA for three years (3)
after FHWA payment of final invoice.
7. 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.
8. 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.
9. 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; freight 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 from 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 commencement of the cause, the period shall commence to run
only 30 days prior to the giving of such notice.
10. 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 any
other work performed 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
11. 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
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severed from the remainder of the AGREEMENT and the balance of the
AGREEMENT shall remain in effect.
12. This AGREEMENT shall be construed and interpreted under the laws of the State
of California.
13. With the exception of Section 2.8, "Indemnification" of SCRRA's Quiet Zone
Implementation Guidelines, which is hereby specifically incorporated by reference
and further supplemented by Paragraph 7 of Section II of this Agreement, to the
extent there is any conflict or inconsistency between the terms and provisions of
this Agreement and the terms and provisions of SCRRA's Quiet Zone
Implementation Guidelines, the terms and provisions of this Agreement shall take
precedence over SCRRA's Quiet Zone Implementation Guidelines.
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:
CITY:
Mr. James G. Ross
Executive Director of Public Works
City of Santa Ana
20 Civic Center Plaza M-29
Santa Ana, CA 92702
E-mail: JRoss@santa-ana.org
Telephone: (714) 647-5201
Facsimile: (714) 647-6515
SCRRA:
Mr. Ron Mathieu
Manager, Rail Corridor C&E
Southern California Regional Rail Authority
700 South Flower Street, Suite #2600
Los Angeles, CA 90017-4101
E-mail: mathieur(c~scrra.net
Telephone: (213) 452-0249
Facsimile: (213) 452-0423
If there 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.
(Signatures provided on next page]
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IN WITNESS WHEREOF, the City of SANTA ANA and the SOUTHERN CALIFORNIA
REGIONAL RAIL AUTHORITY have caused this AGREEMENT to be executed and
attested by their duly qualified and authorized officials.
SOUTHERN CALIFORNIA REGIONAL CITY OF SANTA ANA
RAIL AUTHORITY
By: BY~
David Solow, Chief Executive Officer
APPROVED AS TO FORM:
By:
By:
Raymond J. Fortner Jr.
County Counsel,
County of Los Angeles
Title: Deputy
David N. Ream, City Manager
ATTEST:
By:
Patricia E. Healy, Clerk of the Council
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
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EXHIBIT "A"
PROJECT DRAWINGS
[On File in Public Works Agency]
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EXHIBIT "B"
PROJECT COST ESTIMATE
[On File in Public Works Agency]
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EXHIBIT "C"
SCRRA's quiet zone Implementation Guidelines and Procedures
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•~•METROLINK. Southern California Regional Rail Authority
700 South Flower Street, 26m Floor
Los Angeles, California 90017-4101
Exhibit
SCRRA Quiet Zone Implementation Guidelines and Procedures
1.0 GENERAL
a. Public authority is defined as the public entity(s) having the responsibility for traffic control
or law enforcement at the public highway-rail grade or pedestrian crossing.
b. Public authority shall comply with the Federal Railroad Administration's (FRA) "Final Rule"
and requirements set forth in the Federal Register 49 CFR Parts 222, "Use of Locomotive
Horns at Public Highway-Rail Grade Crossings", for the creation of quiet zones. The Final
Rule is available on FRA's web site at
htt~//www fra dot Qov/downloads/Safety/train horn rule/fed rep trainhorns final.ndf.
c. Public authority shall submit all documentations to the Southern California Regional Rail
Authority (SCRRA) as required by §222.
d. Public authority shall establish a quiet zone either based on public authority designation
[§222.39(a)] or public authority application [§222.39(b)].
e. If a proposed quiet zone includes public grade crossings under the authority and control of
more than one public authority, both public authorities must agree to establishment of the
quiet zone, and must jointly, or by delegation, take such actions as are required under the
Rule. [§222.37(a).]
f. Public authorities are encouraged to contact and work with SCRRA and other affected parties
from the beginning of the planning of the quiet zone to the end of construction for the railroad
issues affecting SCRRA operated and maintained services.
g. SCRRA agrees to cooperate with public authorities for the establishment of quiet zones and
quiet zone related activities.
2.0 PUBLIC AUTHORITY RESPONSIBILTIES
The requirements outlined in Section 2.1 through 2.10 of these quiet zone procedures represent
SCRRA's policies as to the responsibility of public authorities in the implementation of quiet
zones.
2.1 General Requirements
a. Meet the minimum quiet zone requirements mentioned in §222.35, including the minimum
length of the proposed quiet zone of one-half mile along the length of railroad right-of--way.
Public authority shall include all highway-rail grade crossings (public, private and pedestrian)
in the proposed quiet zone.
b. Obtain prior FRA approval of the use of Engineering Alternate Safety Measures (ABMs) and
modified Supplemental Safety Measures (SSMs). The public authority shall obtain FRA
approval of the use of Non-Engineering ABMs and also conduct field studies to obtain
baseline violation rates before and after implementation of Non-Engineered ASMs as per
Section II, Appendix B, Part §222.
c. Conduct diagnostic team evaluation meetings of all public, pedestrian and private
highway-rail grade crossings that provide access to the public, or which provide access
to active industrial or commercial sites, and are located in the proposed quiet zone. The
public authority shall provide SCRRA, all railroads operating over the public highway-rail
grade crossings within the proposed quiet zone (Amtrak, Union Pacific Railroad and/or
BNSF Railway Company), affected SCRRA member agency or agencies, the State agency
responsible for highway and road safety and the State agency responsible for grade crossing
safety (the California Public Utilities Commission [CPUC]) an opportunity to participate in
the diagnostic team reviews of all crossings located in the proposed quiet zones. The
diagnostic team should analyze and evaluate each crossing within the proposed quiet zone as
per Appendix F, Part §222. The crossings shall be equipped or treated in accordance
with the recommendations of the diagnostic team. SCRRA expressly reserves the right
to comment on and/or object to the FRA and/or the CPUC on any aspect, including the
extent of the proposed quiet zone, the selection of improvements by the public authority
or the design thereof, if in its judgment the proposed quiet zone, or any aspect thereof,
will result in a reduction of safety within the zone.
d. Submit all required applications to CPUC for alterations to existing crossings and obtain
approval of the project work.
SCRRA
e. Execute Construction and Maintenance (C&M) Agreements prepared and submitted by
SCRRA for quiet zone improvements including railroad construction.
£ Make any and all necessary non-railroad related improvements at no cost to SCRRA.
g. Install advance warning signs conforming to the standards contained in the Manual on
Uniform Traffic Control Devices (MUTCD) that advises the motorist that train horns are not
sounded at each highway approach to every public and private highway-rail grade crossing
within a quiet zone, pursuant to §222.35(c). Install additional warning signs elsewhere within
the proposed quiet zone, at locations other than highway-rail grade crossings as may be
recommended by the diagnostic team, advising pedestrians or others that train horns are not
sounded within the quiet zone.
h. Conduct a periodic review on a schedule determined by C&M agreement among the
public authority, SCRRA, CPUC, and other affected parties, after completion of the
construction and the establishment of the quiet zone. These reviews will be conducted
in the field and will consider any changes, together with any future improvements or
developments that may have or will affect the qualification of the quiet zone. Should
additional railroad improvements be required in order to maintain the proposed quiet
zone, the public authority shall reimburse SCl3RA for any additional costs associated
with said improvements.
i. For quiet zones implemented with an SSM at each public crossing, affirm, pursuant to
§222.47(a), in writing to FRA and SCRRA that the SSMs implemented within the proposed
quiet zones continue to conform to the requirements of Appendix A, Part §222 and provide
an up-to-date, accurate and complete Grade Crossing Inventory Form for each public, private
and pedestrian crossing within the proposed quiet zone, between 4% and 5 years after the date
Page 2 4/21 /06
25B-34
of the quiet zone establishment notice, and between 4%z and 5 years after the last affirmation.
Public authority shall affirm, pursuant to §222.47(b), in writing to FRA and SCRRA that the
proposed quiet zones which do not have SSMs at each crossing continue to confirm to the
requirements of Appendix A and B, Part §222 and provide an up-to-date, accurate and
complete Grade Crossing Inventory Form for each public, private and pedestrian crossing
within the proposed quiet zone, between 2% and 3 years after the date of the proposed quiet
zone establishment notice, and between 2'h and 3 years after the last affirmation.
2.2 Submittals
a. Conduct new traffic and queuing studies as may be required to reflect current
conditions as of the date of initiation of the project, as well as a separate pedestrian study
if necessary to include in its evaluation of the potential impacts of the proposed quiet zone on
pedestrian safety, for each crossing that is located within the proposed quiet zone and for
unsecured pedestrian access points within the proposed quiet zone. The purpose of these
studies is to complete an accurate and current Grade Crossing Inventory form for each
crossing, and to enable the diagnostic team to assess current and future conditions at each
crossing. All such studies and reports shall be promptly provided to SCRRA and CPUC for
review and comments.
b. Prepare Preliminary Design (30% Design) for the selected crossings and unsecured pedestrian
access points and submit them to SCRRA for review, comments and approval. This
Preliminary Design will form a basis for diagnostic team evaluation meetings. Public
authority shall submit the following information and forms to SCRRA with the Preliminary
Design:
• An accurate, complete and current U.S. DOT National Highway-Rail Grade Crossing
Inventory Form, FRA Form No. F6180.71. This form is available of FRA's web site at
http•//www.fra.dot.QOV/downloads/safety/xing f6180 71.pdf. SCRRA .will assist the
public authority by providing updated railroad information required by the Form.
• Detailed information as to which .Supplementary Safety Measures (SSMs) as per
Appendix A, Part §222 and Alternative Safety Measures (ASMs) as per Appendix B, Part
§222 (ASMs are Modified SSMs, Non-Engineering ASMs and Engineering ASMs) are
proposed to be implemented at each public or private highway-rail grade crossing within
the proposed quiet zone.
c. Revise and resubmit Final Design (100% Design) and obtain a letter of approval from all
affected jurisdictions.
2.3 Quiet Zone Notices
a. Provide written Notice of Intent (by certified mail, return receipt requested) of its intent
[§222.43] to create a new quiet zone to SCRRA, all railroads operating over the public
highway-rail grade crossings within the proposed quiet zone, the State agency responsible for
highway and road safety and the State agency responsible for grade crossing safety. The
Notice of Intent shall include the information shown in Exhibit "B". Public authority is
encouraged to prepare the Notice of Intent after consultation with SCRRA and after
conducting diagnostic team evaluation meetings.
b. Provide written Notice of Establishment (by certified mail, return receipt requested) of its
determination [§222.43] to establish a new quiet zone to SCRRA, ali railroads operating over
the public highway-rail grade crossings within the proposed quiet zone, the State agency
SCRRA Page 3 4/21 /06
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responsible for highway and road safety and the State agency responsible for grade crossing
safety. The Notice of Establishment shall include the information shown in Exhibit "C". The
public authority shall send the Notice of Establishment to all affected jurisdictions after
completion of the construction of improvements at all highway-rail grade crossings and other
locations in the proposed quiet zone, including the owner of any private crossing included
within the Quiet Zone.
2.4 Reimbursements
a. Pay for all the cost of environmental or permitting documentation, preliminary and final
engineering, construction, maintenance and replacement services of any new equipment or
facilities at all highway-rail grade crossings to meet quiet zone requirements.
b. Pay in advance an estimated amount of all costs related to review, coordination and flagging
to SCRRA for in-house personnel and/or consultants retained by SCRRA. The original
estimated costs would not be the upper limit of the costs but provide a guideline for
budgeting purposes. Regardless, all costs incurred by SCRRA during design plan review
process shall be fully recoverable from the public authority.
c. Reimburse SCRRA the actual costs and expenses incurred by SCRRA (less funds previously
deposited), including any provisional overhead rates representing SCRRA's costs for
administration and management, and its contractors and consultants for all services and work
performed in connection with the proposed quiet zones.
2.5 Construction
a. Proceed with the non-railroad related improvements when SCRRA and CPUC approve the
construction of the project.
b. Comply with the rules and regulations contained in the current editions of the following
SCRRA documents during the construction of the project. The SCRRA agreements and
forms are available on SCRRA's website.
• Indemnification Agreement (SCRRA Form No. 5)
• Temporary Right-of--Entry agreement (SCRRA Form No. 6),
• Rules and Requirements for Construction on Raikoad Property (SCRRA Form No. 37),
• General Safety Regulations for Construction/Maintenance Activity on Railway Property,
and
• Applicable SCRRA Engineering Standards.
2.6 Maintenance
Pay SCRRA the cost of maintenance of any additions, improvements and/or modifications
to any active highway-rail grade crossing warning system necessary for the implementation
of the proposed quiet zone as per terms and conditions included in the C&M agreement. As
an example, if a crossing within a proposed quiet zone requires an upgrade from two gates to four
(quad gates), SCRRA will continue to pay the cost of maintenance of the original two gates, and
the public authority will reimburse SCRRA for annual maintenance on the additional two gates.
The maintenance costs shall include inspections, testing, repairs, replacements, damage, third
party utilities, and upgrades. The annual cost of maintenance of the active highway-rail grade
crossing warning system shall be as determined by SCRRA, based on its annual survey of the
maintenance cost of the system.
SCRRA Page 4 4/21/06
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2.7 New Technologies
Reimburse SCRRA's cost of installation of technologically superior and more reliable
equipment in the future to replace existing equipment that is obsolete. Such reimbursement
shall be limited to the cost of such installations serving the equipment and facilities required to
establish the quiet zone.
2.8 Indemnifications
a. Indemnify, defend and hold harmless SCRRA, member agencies [the five-county SCRRA
member agencies are comprised of the Los Angeles County Metropolitan Transportation
Authority ("MTA"), Ventura County Transportation Commission ("VCTC"), Orange County
Transportation Authority ("OCTA"}, San Bernardino Associated Governments
("SANBAG"), and Riverside County Transportation Commission ("RCTC")], Operating
Raikoads ["Operating Railroads" means any passenger or freight-related raikoad company(s}
operating on SCRRA track(s), including the National Railroad Passenger Corporation
(AMTRAK), the Union Pacific Railroad (UPRR}, and the Burlington Northern and Santa Fe
Railway Company (BNSF)], as well as their respective board members, member agencies,
officers, agents, volunteers, contractors, and employees ("SCRRA Indemnitees") from any
and all liability, loss, expense (including reasonable attorneys' fees and other defense costs),
demands, suits, Liens, damages, costs, claims, including but not limited to, claims for bodily
injury, death, personal injury, or property damage, that are incurred by or asserted against the
SCRRA Indemnitees arising out of or connected with any negligent acts or omissions on the
part of public authority, its council, officers, agents, contractors, or employees under or in
connection with any work, authority or jurisdiction delegated to public authority related to
establishment and operation of a quiet zones at highway-rail grade crossings.
b. PUBLIC AUTHORITY EXPRESSLY UNDERSTANDS AND ACKNOWLEDGES
THAT BY ESTABLISHING A QUIET ZONE IT IS DIRECTING ALL RAILROADS
OPERATING WITHIN THE QUIET ZONE TO CEASE THE SOUNDING OF
LOCOMOTIVE HORNS WITHIN THE QUIET ZONE, EXCEPT UNDER
CONDITIONS PROVIDED UNDER §222.23.
2.9 Insurance
Obtain and maintain, at its sole cost and expense, in full force and effect during the construction
of the improvements for the proposed quiet zone, general and railroad protective insurance as
required by SCRRA in the amounts, coverage, and terms and conditions specified, and issued by
insurance companies as described in the Temporary Right-of--Entry Agreement (SCRRA Form
No. 6).
SCRRA Page 5 4/21/06
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2.10 SCRRA Contact
Submit all written communications related to proposed quiet zones to the following at SCRRA:
Mr. Ron Mathieu
Manager Public Projects
Southern California Regional Rail Authority
700 S. Flower Street, 26`~ floor
Los Angeles, CA 90017
Phone: (213) 452-0249
Fax: (213) 452-0423
E-mail: mathieur(a~scrra.net
3.0 SCRRA RESPONSIBILTTIES
a. SCRRA shall review Preliminary and Final Designs submitted by public authority at the
expense of the public authority.
b. SCRRA shall participate in diagnostic team evaluation meetings arranged by public authority
as per §222.25(b)§222.27(b), and section 2.1(c) of these guidelines and procedures.,
c. SCRRA shall prepare, submit and execute a C&M Agreement between SCRRA and public
authority for alterations to the highway-rail grade crossings located in the proposed quiet
zone. This agreement will include detailed work description; method of payment;
responsibility for design, construction, funding and maintenance; cost estimates of raikoad
design, construction, maintenance, inspection and flagging work; form, duration and amount
of insurance; and liability at the public, private, and pedestrian crossings.
d. SCRRA shall submit annual invoices to the public authority for the incremental cost of
maintenance of enhancement to the active highway-rail grade crossing warning system
installed for the purpose of creating. a quiet zone as identified in the executed C&M
Agreement.
e. After filing Notice of Establishment by the public authority, pursuant to §222.43(e), SCRRA
shall cease routine use of the locomotive hom at all public and private crossings identified by
the public authority upon the date set by the public authority or within 21 days of notification,
whichever is later.
SCRRA Page 6 4/Z 1 /06
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Exhibit KB"
Notice of Intent
(§222.43(b))
1.0 Required Contents
a. A list of each public highway-rail grade crossing, private highway-rail grade crossing, and
pedestrian crossing within the quiet zone, identified by both the U.S. National Highway-Rail
Grade Crossing Inventory Number, and by street or highway name.
b. A statement of the time period within which restriction on the routine sounding of the
locomotive horn will be imposed. (i.e., 24-hours or from 10 p.m. until ? a.m.).
c. A brief explanation of the public authority's tentative plans for implementing improvements
within the proposed quiet zone.
d. The name and title of the person who will act as point of contact during quiet zone
development process and the manner in which that person can be contacted.
e. A list of the names and addresses of each party that shall be notified in accordance with
§222.43(a)(1).
2.0 60-Day Comment Period
a. A party that receives a copy of the public authority's Notice of Intent may submit information
or comments about the proposed quiet zone to the public authority during the 60-day period
after the date on which the Notice of Intent was mailed.
b. The 60-day comment period established under paragraph §222.43(b)(2)(i) may terminate
when the public authority obtains from each railroad operating over the public grade
crossings within the proposed quiet zone, the State agency responsible for grade crossing
safety, and the State agency responsible for highway and road safety:
• Written comments; or
• Written statements that the raikoad and State agency do not have any comments on the
Notice of Intent ("no-comment statements".)
Disclaimer: This summary of the final rule is for information purposes only. Entities subjecE to the final rule should refer to the rule text as
published in the Federal Register on April 27, 2005. Should any portion of this summary conflict with the final rule, the language of the final rule
shall govern.
SCRRA Page 7 4/21/Ob
25B-39
Exhibit "C"
Notice of Quiet Zone Establishment
(§222.43(e))
1.0 Timing
a. The Notice of Establishment of a Quiet Zone shall provide the date upon which routine
locomotive horn use at highway-rail grade crossings shall cease, but in no event shall the date
be earlier than 21 days after the date of mailing.
b. If the public authority was required to provide a Notice of Intent, in accordance with
paragraph §222.43(a)(1), the Notice of Quiet Zone Establishment shall not be mailed less
than 60 days after the date on which the Notice of Intent was mailed, unless the Notice of
Quiet Zone Establishment contains a written statement affirming that written comments
and/or "no comments" statements have been received from each railroads operating over the
public highway-rail grade crossing within quiet zone, State agency responsible for grade
crossing safety, and the State agency responsible for highway and road safety in accordance
with §222.43(b)(2)(ii).
2.0 Required Contents
a. A list of each public highway-rail grade crossing, private highway-rail grade crossing, and
pedestrian crossing within the quiet zone, identified by both the U.S. National Highway-Rail
Grade Crossing Inventory Number, and by street or highway name.
b. A specific reference to the regulatory .provision that provides the basis for quiet zone
establishment, citing as appropriate:
For New Quiet Zones or New Partial Quiet Zones
• §222.39(a)(1), implementation of SSMs at every public crossing in the New Quiet Zone
or New Partial Quiet Zone;
• §222.39(a)(2)(i), the QZRI is at or below the NSRT without installation of any SSMs at
the new Quiet Zone or New Partial Quiet Zone;
• §222.39(a)(2)(ii), SSMs were implemented as some crossings in the New Quiet Zone or
New Partial Quiet Zone to bring the QZRI to a level below the NSRT;
• §222.39(a)(3), SSMs were implemented as some crossings in the New Quiet Zone or
New Partial Quiet Zone to bring the QZRI to a level at or below the RIWH; or
• §222.39(b) public authority application to the FRA for a New Quiet Zone or New Partial
Quiet Zone.
c. If a diagnostic team is required under §222.25 (private crossings} or §222.27 (pedestrian
crossings), the Notice shall include a statement affirming that the State agency responsible for
grade crossing safety and all affected railroads were provided an opportunity to participate in
the diagnostic team review. The notice must also include a list of recommendations made by
the diagnostic team.
d. A statement of the time period within which restriction on the routine sounding of the
locomotive hom will be imposed. (i.e., 24-hours or from 10 p.m. until ? a.m.).
SCRRA Page S 4/21/06
25B-40
e. An accurate and complete Grade Crossing Inventory Form for each public highway-rail
grade, pedestrian highway-rail grade crossing, and private crossing within the quiet zone that
reflects conditions existing at the crossing before any new SSMs or ASMs were
implemented.
£ An accurate, complete, and current Grade Crossing Inventory Form for each public,
pedestrian, and private crossing within the quiet zone that reflects SSMs and ASMs in place
upon establishment of the quiet zone. SSMs and ASMs that cannot fully be described on the
Inventory form shall be separately described.
g. If the public authority was required to file a Notice of Intent in accordance with
§222.43(a)(1), the Notice of Quiet Zone Establishment shall contain a written statement
affirming that the Notice of Intent was provided in accordance with §222.43(a)(1). This
statement shall also state the date on which the Notice of Intent was mailed.
h. If the public authority was required to provide a Notice of Intent, in accordance with
§222.43(a)(1), and the Notice of Intent was mailed less than 60 days before mailing the
Notice of Quiet Zone Establishment, the Notice of Quiet Zone Establishment shall also
contain a written statement affirming that they received written comments andlor "no
comment" statements have been received from each railroads operating over the public
highway-rail grade crossing within quiet zone, the State agency responsible for grade
crossing safety, and the State agency responsible for highway and road safety in accordance
with §222.43(b)(2)(ii).
i. If the public authority was required to submit a Notice of Detailed Plan in accordance with
§222.43(a)(3), the Notice of Quiet Zone Establishment shall contain a statement affirming
that Notice of Detailed Plan was provided in accordance with §222.43(a)(3). This statement
shall also state the date on which the Notice of Detailed Plan was mailed.
j. The name and title of the person responsible for monitoring compliance with the
requirements of the rule and the manner in which that person can be contacted.
k. A list of the names and addresses of each party that shall be notified in accordance with
§222.43(a)(4).
1. A statement signed by the chief executive officer of each public authority participating in the
establishment of the quiet zone, in which the chief executive officer shall certify that the
information submitted by the public authority is accurate and complete to the best of his/her
knowledge and belief.
Disclaimer: This summary of the final rule is for information purposes only. Entities subject to the final rule should refer to the rule text as
published in the Federal Register on April 27, 2005. Should any portion of this summary conflict with the final rule, the language of the final rule
shall govern.
SCRRA
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4/21 /06
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