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RESOLUTION NO. 2000-325
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF A CONSTRUCTION AND MAINTENANCE
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE
SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY (SCRRA) TO
CONSTRUCT THE REDLANDS SUBDIVISION "FIRST MILE"
IMPROVEMENTS.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and
directed to execute on behalf of said City, a Construction and Maintenance Agreement
with Southern California Regional Rail Authority (SCRRA) to construct the Redlands
Subdivision "First Mile" Improvements. A copy of said Construction and Maintenance
Agreement is attached as Exhibit "A" and made a part hereof.
SECTION 2. The authorization to execute the above referenced Agreement is
rescinded if the parties to the Agreement fail to execute it within sixty (60) days of the
passage of this resolution,
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2000-325
RESOLUTION...AUTHORIZING THE EXECUTION OF A CONSTRUCTION
AND MAINTENANCE AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND THE SOUTHERN CALIFORNIA REGIONAL RAIL
AUTHORITY (SCRRA) TO CONSTRUCT THE REDLANDS SUBDIVISION
"FIRST MILE" IMPROVEMENTS.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an.
Common Council of the City of San Bernardino at a Joint Regular
meeting thereo ,
held on the 20th day of November
, 2000, by the following vote, to-wit:
COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT
ESTRADA X
LIEN x
MC GINNIS X
SCHNETZ x
SUAREZ X
ANDERSON X
MC CAMMACK X
The foregoing resolution is hereby approved this 21 s t
h DillJaQ CPr.vzt
~ ( A" Rac~ .Clar~, City per i.
yftY1 IUDJVfflciFllIb idCll 11.t
day f November ,2600T LJ
~;-~
Approved as to form
And legal content:
Betty Dean Anderson
Mayor Pro Tern
City of San Bernardino
James F. Penman
?F7~
2000-325
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR
REDLANDS SUBDIVISION "FIRST MILE" TRACK CONSTRUCTION
AND
INLAND EMPIRE MAINTENANCE FACILITY
SCRRA File Nos.: G0000704/S00011 02/S00011 03
THIS AGREEMENT, is made this 20th day of November , 2000, by and between
the CITY OF SAN BERNARDINO hereinafter called the "CITY", and the SOUTHERN
CALIFORNIA REGIONAL RAIL AUTHORITY, a joint powers authority existing under the
laws of the State of California, hereinafter called "SCRRA";
RECITALS
The CITY is a charter city and a municipal corporation duly organized and existing under
the laws of the State of California.
SCRRA, is a joint powers authority of five county transportation agencies, organized
under the provisions of the Joint Powers Act, Sections, 6500 et sea. of the California
Government Code, and Section 130255 of the California Public Utilities Code, that
builds, maintains, and operates Metrolink commuter railroad system within Los Angeles,
Orange, Riverside, San Bernardino and Ventura Counties.
San Bernardino Associated Governments (SANBAG) purchased Redlands Subdivision
railroad right-of-way from the former Atchison Topeka and Santa Fe Railway Company
[presently Burlington Northern Santa Fe (BNSF)] in 1993. This Subdivision is
approximately ten-miles in length and runs between San Bernardino and Redlands.
BNSF operates freight trains on the Redlands subdivision under a shared use agreement
executed in 1993. BNSF also dispatches trains on the Subdivision.
SANBAG started the planning of the proposed upgrade of the "First Mile" of the
Redlands Subdivision for passenger services in 1996. SAN BAG (in cooperation with
SCRRA) also proposes to take over the maintenance of the "First Mile" once
construction starts.
Redlands "First Mile" project is located on the Redlands Subdivision right-of-way
between the existing San Bernardino Station (on the west side) and "0" Street (on the
east side, except for drainage which extends further east to the Warm Creek channel).
The project will consist of removal of existing railroad track and siding, construction of
Redlands Subdivision
"First Mile" Construction
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Construction and Maintenance Agreement
10/31/00
2000-325
a new embankment, track and siding, abandonment and closure of three existing grade
crossings, drainage improvements, public highway-rail grade crossing improvements,
station platform construction (future), and signal improvements.
A light-duty maintenance facility for Metrolink equipment is also proposed to be built in
conjunction with the "First Mile" construction at a site currently owned by the BNSF
Railway Company located north of 3,d Street and just east of the San Bernardino depot
building.
The proposed improvements of the First Mile and the construction of the maintenance
facility are shown in the drawings and specifications prepared by a consulting
engineering firm for SCRRA, of which progress drawings have been forwarded to CITY.
As shown on Exhibit A Broadway Avenue, Main Street and Caldwell Alley will be
closed. 3,d Street, 2nd Street, Rialto Avenue and I Street intersection, "G" Street and
"E" Street public highway-rail grade crossings will provide improved conditions for
vehicles and pedestrians.
CITY, by Application No. 93-08-027, requested CPUC to allow them to permanently
close Broadway (2U-0.20) and Main (2U-0.23) Streets. CPUC Commission by Decision
0-94-06-043 ordered the permanent closure and physical removal of these two grade
crossings.
CITY requested federal funding for "E" and "G" Streets grade crossing modifications
under Section 130 grade crossing improvements program. This funding is handled by
the State of California, Department of Transportation, Office of local Programs (alP).
The funding for both crossings include grade crossing safety devices, constant time
warning devices, automatic gates with necessary actuating and operating circuits,
instrument housings and safety concrete surface panels. alP approved $342,246 for
"G" Street grade crossing and $394,266 for "E" Street in December 1999. SCRRA
agreed to absorb the cost of the CITY's ten (10) percent local share of the Section 130
funding for these two crossings. This will require SCRRA to absorb as part of the
construction contract approximately $34,225 for "G" Street and $39,427 for "E"
Street.
SCRRA has agreed, in cooperation with CITY, to include additional drainage and civil
improvements in the construction contract that will benefit CITY and fall outside of
SCRRA jurisdiction. CITY, by execution of this agreement, has cooperatively agreed to
share the cost of design and construction based on each party's involvement on the
project.
Redlands Subdivision
"First Mile" Construction
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Construction and Maintenance Agreement
10/31/00
2000-325
AGREEMENT
In consideration of the premises and mutual understandings of the parties hereto,
SCRRA and CITY agree as follows:
1 . CONSTRUCTION
A. General Provision
SCRRA will prepare plans and specifications for the project. Two sets of plans
shall be submitted to the CITY for approval prior to commencement of the
project. CITY approval shall be limited to the drainage and civil work outside of
railroad right-of-way.
The CITY and SCRRA agree to cooperate with one another, SANBAG and other
agencies, relevant CITY departments, SCRRA consultants and contractors, to
ensure satisfactory and timely completion of the project. SCRRA will coordinate
construction schedules as part of its construction management of the project.
SCRRA construction coordination will include development and periodic updating
of a program evaluation and review technique, critical path method or equivalent
time-oriented network chart reflecting the interrelationships and dependencies
among SCRRA-performed project tasks.
CITY'S sign-off on the permits and final inspection will constitute CITY
acceptance of project. Upon completion of the construction work and acceptance
of the work by both the CITY and SCRRA, SCRRA shall deliver to the CITY a true
and complete copy of "as built" drawings for the project within sixty (60) days
after receipt of same. As-built drawings consist of contract documents revised
to reflect actual construction.
B. SCRRA Responsibilities
SCRRA will make the following improvements:
. Remove the existing railroad track and siding including rails, ties, ballast,
turnouts, signal boxes, battery boxes, walkway rocks, asphalt crossing,
etc.
. Build new railroad embankment, track and siding.
Redlands Subdivision
"Firs1 Mile" Construction
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Construction and Maintenance Agreement
10/31/00
2000-325
· Improve five grade crossings by installing new track, sidewalks, pavement,
concrete panels, signal houses, and automatic warning devices.
Coordination of crossing closures will be done as approved by CITY in
order to maintain proper detours.
. Install drainage pipes, catch basins, inlets and other related improvements
as reflected on the construction drawings. The drainage pipes will range in
sizes from 15" to 48" in diameter.
· Construct a new Metrolink maintenance facility, including associated
tracks, inspection pits, building, parking facilities and fueling tanks.
. Obtain all necessary authorities and permissions from CPUC and CITY prior
to commencing construction of project.
· Relocate or replace barricades for Broadway and Main Street alleys out of
railroad right-of-way.
C. City Responsibilities
. CITY will share the cost of design and construction of the project based on
CITY participation and involvement as outlined in this agreement.
. At no cost to SCRRA, CITY hereby grants to SCRRA, its contractors and
their subcontractors, a permit for installation of improvements within CITY
right-of-way (as noted in Exhibit B). This right-of-entry (permit) shall
terminate upon completion of the project.
· Arrange (in coordination with SCRRA contractor schedule) for full street
closure of crossings to vehicular traffic for a period of 3 to 5 days per
location during SCRRA signal and track work, including all necessary traffic
control devices, barricades and delineators, and continue such closure until
the crossing work is completed by SCRRA. Closures of more than 5 days
per location may be provided if mutually agreed to by CITY and SCRRA (or
SCRRA contractor).
. Advise emergency agencies and public of the full closures of the crossings
prior to construction, as the CITY deems necessary.
. Provide permanent signing and striping as required for the street
improvements.
. Assist SCRRA with the vacation of F Street across the railroad tracks in
the vicinity of the proposed station platform.
Redlands Subdivision
"First Mile" Conslruction
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2000-325
. Provide "No Fee Permits" to SCRRA or its contractor for the construction
of civil and drainage improvements relating to the construction of the First
Mile of the Redlands Subdivision and minimize other miscellaneous
Engineering fees associated with plan check for on-site improvements to
the railroad maintenance facility.
. Vacate (at no expense to SCRRA) a portion of 3'd Street for use by SCRRA
for the Redlands Branch lead track.
2. MAINTENANCE
A. SCRRA Responsibilities
. Upon completion of the project, SCRRA will perform all necessary
maintenance and cleanup of the tracks, siding and signal system. SCRRA
maintenance of the "First Mile" is also subject to agreements and
negotiations with the BNSF railway.
. After alteration and installation of the crossing warning signals and signal
controls SCRRA shall operate and physically maintain them so long as they
remain in place.
. Upon completion of the project, SCRRA will, at its sole expense, maintain
that portion of the crossing surface lying between the rails and two feet
outside of the rails, parallel to the track, pursuant to CPUC General Order
72-B.
B. CITY Responsibilities
. Upon completion of the project, CITY will, at its sole expense, maintain
any street improvement, including street lighting, sidewalks, curb and
gutter, raised medians and traffic striping and signage within the crossing
other than specified to be maintained by SCRRA in above Section 2-A.
The CITY shall notify SCRRA prior to performing maintenance in the
crossing as specified in Section 2. The CITY will, at its expense, maintain
advance warning signage and pavement markings as required under the
State of California Vehicle Code, Section 21362, and the State of
California Department of Transportation's (Caltrans) Traffic Manual.
. Upon completion of the project, CITY will, at its sole expense, perform all
necessary maintenance and clean-up of the drainage facilities within CITY
right-of-way. Any drainage within the railroad right-of-way to be
maintained by CITY, shall be as outlined in a license agreement to be
executed by SANBAG and CITY.
Redlands Subdivision
"First Mile" Construction
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Construction and Maintenance Agreement
10/31/00
2000-325
. Upon completion of the project, CITY will, at its sole expense, maintain
that portion of the street surface falling outside of 2 feet from the nearest
rail as outlined in CPUC General Order 72-B.
. All maintenance work by CITY (drainage or civil) performed within 25 feet
of the centerline of track will be done in accordance with SCRRA Rules
and Regulations. This includes flagging and Right-of-Entry requirements.
3. PAYMENT
A. Construction Cost
CITY will pay SCRRA a fixed cost of $370,382, which represents the CITY's
share of project costs for the additional work included in the First Mile track
construction portion of the contract in the way of drainage, design and civil
improvements to street crossings. These costs are further defined as per SCRRA
cost estimate shown in attached 'EXHIBIT B'. After execution of this agreement
and award of contract, CITY will pay SCRRA (prior to commencement of
construction) a deposit of $185,191.00, representing 50% of CITY cost of the
improvements as mentioned above. The balance of the CITY fixed fee, above the
amount of the deposit, shall be promptly paid to SCRRA by the CITY upon
presentation of an SCRRA invoice for those costs, within 60 days after
completion of project.
If, upon opening of the bids, it is found that a cost overrun exceeding fifteen
percent (15%) of the estimate will occur, SCRRA and CITY shall endeavor to
agree upon an alternative course of action, If, after 30 days, and alternative
course of action is not agreed upon, then some of the additional work for CITY
may be deleted from the contract if required.
SCRRA also agrees to absorb the CITY's ten (10) percent share of the local
match of the Section 130 funding. This will require SCRRA to absorb
approximately $34,225 for "G" Street and $39,427 for "E" Street in the
construction contract.
In the event that SCRRA, at its sole discretion, decides not to award the
construction contract (i.e. Project funding fails to materialize) SCRRA shall have
no obligation or liability for the construction of this project and CITY
responsibility for contributing funding, as described herein, shall cease.
B. Maintenance cost of Automatic Warning Devices
The maintenance cost of the railroad crossing warning signals and signal controls
Redlands Subdivision
"First Mile" Construction
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Construction and Maintenance Agreement
10/31/00
2000-325
for the grade crossings shall be shared equally by CITY and SCRRA 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. This results in no direct
cost to CITY for the maintenance of the automatic warning devices.
4. INDEMNIFICATION
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
the CITY under or in connection with any work, authority or jurisdiction delegated
to CITY under this agreement. The parties understand and agree that the CITY
shall fully indemnify, defend and hold 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 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 the CITY, its
Council, officers, agents, contractors, or employees under or in connection with
any work, authority or jurisdiction delegated to the CITY under this agreement.
This indemnity shall survive termination of this agreement.
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. The parties understand
and agree that SCRRA shall fully indemnify, defend and hold the 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,
member agencies, 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.
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
Redlands Subdivision
"First Mile" Construction
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2000-325
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.
5. TERMINATION
This Agreement shall continue in force and effect until mutual termination by the
parties in writing or the removal of all of the facilities. The covenants and
provisions of the foregoing instrument shall be binding upon and inure to the
benefit of the successors and assigns of SCRRA and the CITY.
SCRRA and the CITY 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
FHWA payment of final invoice.
7. NOTICES
Any notice sent by prepaid postage to the address of the 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:
SCRRA:
Mr. Raymond Casey, City Engineer
Public Works Engineering
CITY OF San Bernardino
300 North "0" Street
San Bernardino, CA 92418-0001
E-mail: Casevra@ci.san-bernardino.ca.us
Telephone: (909) 384-5111
Facsimile: (909) 384-5155
Mr. Ron Mathieu, Manager of Public Projects
Southern California Regional Rail Authority
700 South Flower Street, 26th Floor
Los Angeles, CA 90017-4101
E-mail: mathieur@SCRRA.net
Telephone: (213) 452-0249
Facsimile: (213) 452-0423
If there are any changes in the above names and/or addresses, either party shall
give written notice to the other within thirty (30) days of such change.
Redlands Subdivision
"First Mile" Construction
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2000-325
IN WITNESS WHEREOF, The CITY OF SAN BERNARDINO and the SOUTHERN
CALIFORNIA REGIONAL RAIL AUTHORITY have caused this agreement to be executed
and attested by its duly qualified and authorized officials.
SOUTHERN CALIFORNIA REGIONAL
RAIL AUTHORITY
CITY OF SAN BERNARDINO
By:~~A, ~
Name: /
Title: Betty Dean Anderson
Mayor Pro Tern
City of San Bernardino
By:
Name:D id olow
Title: C ief Executive Officer
APPROVED AS TO FORM &
LEGAL CONTENT:
Los Angeles County
County Counsel
APPROVED AS TO FORM &
LEGAL CONTENT:
City of San Bernardino
City Attorney,
By: 4o>~
Name:Helen Parker
Title: Deputy County Counsel
?~
James F. Penman
City Attorney
Redlands Subdivision
"First Mile" Construction
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Construction and Maintenance Agreement
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2000-325
EXHIBIT A
GRADE CROSSING LIST
Public Highway-Rail Grade Crossing Improvements
NO: STREET NAME PUC CROSSING DOT SCRRA FILE
NUMBER NUMBER NUMBER
1. 3'd Street 2U-0.10 27-201-U 50001110
2. 2nd Street 2U-0.27 27-204-P 50001107
3. Rialto Ave. & I St. 2U-0.50 27-206-D 50001105
4. G Street 2U-0.70 27-208-5 50001103
5. E Street 2U-1.00 27-210-T 50001102
Public Highway-Rail Grade Crossing Closures
1.
2.
3.
Broadway Avenue
Main Street
Caldwell Alley
2U-0.20
2U-0.23
2U-0.40
27-202-B
27-203-H
27-205-W
50001109
50001108
50001106
Redlands Subdivision
"First Mile" Construction
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EXHIBIT B
COST ESTIMATE
SAN BERNARDINO TO REDLANDS
REDLANDS SUBDIVISION "FIRST MILE" TRACK CONSTRUCTION
SCRRA/SANBAG CITY
ITEM DESCRIPTION COST COST
1 Administrative $247,000.00 $25,000.00
2 Railroad Re-construction and Siding $485,922.00 $1,000.00
Construction
3 Railroad Work $879,889.00 0
3 3'd Street Civil and Drainage $227,807.00 $48,661.00
4 2nd Street Civil and Drainage $84,717.00 $9,520.00
5 Rialto Avenue & I Street Civil and Drainage $155,626.00 $2,672.00
6 "G" Street Civil and Drainage $350,181.00 $46,407.00
7 "E" Street Civil and Drainage $483,494.00 $144,655.00
8 Signal Conduit and Foundation Work $385,789.00 0
9 Design $280,889.00 $40,000.00
10 Construction Contingencies $330,043.00 $27,792.00
1 1 Railroad Flagging and Inspection $198,026.00 $8,000.00
12 Construction Management $198,026.00 $16,675.00
13 Work by Others $52,000.00 0
14 SCRRA Provided Materials $867,300.00 0
Total Estimated Costs $5,226.707.00 $370,382.00
Redlands Snbdivision
"First Mile" Construction
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