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HomeMy WebLinkAbout12-Development Services 'ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES FUNK, Director Subject:Authorization to Proceed- Proposed Vacation of a Portion of 3RD Street, West of Kendall Avenue, East of "K" Street and Plan approval. Dept: Development Services Date: March 6, 2001 Synopsis of Previous Council Action: File No. 15.30-357 MCC Date: 03-19-2001 11/20/00 - Mayor and Common Council adopted Resolution No. 2000-325, 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. Recommended Motion: That the Director of Development Services and the City Clerk be authorized to proceed with the vacation ofa portion of3rd Street, West of Kendall Avenue, East of"K" Street and that Plan No. 10212 showing the proposed vacation be approved. ~j!:~ Contact person: Eileen Gomez, Real Property Specialist Phone: Staff ReportlPlan!Maps/ Supporting data attached: A~reement Ward: 5328 1 FUNDING REQUIREMENTS: Amount: $1,000.00 Source: (Acct. No.) 001-182-5011-0000 (Acct. Description) Real Property Salaries Finance: Council Notes: Agenda Item No. /:L 3/lf /IJI CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Authorization to Proceed - proposed vacation of a portion of 3'd Street, West of Kendall Avenue, East of"K" Street and Plan approval. BACKGROUND: On November 20, 2000, the City of San Bernardino and the Southern California Regional Rail Authority (SCRRA) entered into a construction and maintenance agreement for the Redlands Subdivision "First Mile" Track Construction and Inland Empire Maintenance Facility (See Attached). This $6 million dollar facility is projected to cost the City $370,382, which represents the City's share of the additional work included in the construction portion of the contract. Both parties have agreed, as stated in Section C of the agreement, to vacate a portion oOrd Street (at no expense to SCRRA) for use by SCRRA for the Redlands Branch lead track. SCRRA is a joint powers authority of five county transportation agencies that build, maintain and operate the Metrolink commuter railroad system within Los Angeles, Orange, Riverside, San Bernardino and Ventura Counties. Redlands "First Mile" project is located on the Redlands Subdivision right of way between the existing San Bernardino Station (on the west side) and "D" Street (on the east side). The Planning Division and the Development Review Committee have completed their review of this project, and have approved Development Permit II No. 00-18. In addition to the construction of a 2,568 square foot building for Metrolink, the project will consist of removal of existing railroad track and siding, construction of a new embankment, abandonment and closure of three existing grade crossings, drainage improvements, public highway rail grade crossing improvements, station platform construction (future), and signal improvements. If authorization to proceed is given, all City departments and affected utilities will be given notice of the proposal for any comments or conflicts, which will be presented at a future Council Meeting, along with the necessary information so a determination and finding can be made as to whether or not the area to be vacated is needed for public use. The Planning Department will also be notified as part of the investigative proceedings to determine the effect, if any, the vacation would have on the General Plan Circulation of the City. FINANCIAL IMPACT: Staff time to process vacation will not be reimbursed from any processing fees and therefore will be paid for from Real Property Salaries (Account No. 001-182-5011-0000). RECOMMENDATION: Staff recommends that authorization to proceed with the proposed vacation be given and that Plan No. 10212 be approved. , () ~l ..... + II' , , :r ~ ':<; Co \r- ~ -A- ~ ~ ~ ... ' "K" ST. _ 0..... 0 0 sa ~ m _ CD ..... 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Oron e Show Rd. ! .. . . o Portion of 3rd Street to be vacated VICINITY MAP CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION Proposed vacation of a portion of 3rd Street, between Kendall Avenue and "K" Street ~ indicates un-incorporated areas ~ within Cit 's S here of Influence File No.: I~ ~.. !S .' 2000-325 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR RED LANDS SUBDIVISION uFIRST MILEu 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 (SAN BAG) 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. SANBAG (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 no" Street (on the east side, except for drainage which extends further east to the Warm Creek channell. The project will consist of removal of existing railroad track and siding, construction of RedJands Subdivision "First Mile" Construction - 1 - 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 (OlP). 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. OlP 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 - 2 - 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 "First Mile" Construction - 3 - Construction and Maintenance Agreement 10/31100 .' 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" Construction - 4 - Construction and Maintenance Agreement 10/31/00 " 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 SAN BAG and CITY. RedJands Subdivision . First Mile' Construction - 5 - Conslnlction and Maintenance Agreement 10131/00 ..' 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 72-8. . 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. seRRA 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 UGH 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 (Le. 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. 8. Maintenance cost of Automatic Warning Devices The maintenance cost of the railroad crossing warning signals and signal controls RedIands Subdivision . First Mile. Construction - 6- 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 - 7 - Construction and Maintenance Agreement 10/31/00 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 FHWA 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: seRRA: 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 - 8 - Construction and Maintenance Agreement 10/31/00 .' , 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 "'" r l ;>: /..- By' '. i /' j ~.\ / '; ._...,f .... . . .' 1 I. .J--;< Name:Dlivid Solow Title: Cki~(Executive Officer By: 'r k~.~,. (--;! .~ Name: 7- Title: Betty Dean Anderson Mayor Pro rem City of San Bernardino 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 - 9- Construction and Maintenance Agreement 10131/00 '. ' 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 SOO01110 2. 2nd Street 2U-0.27 27-204-P SOO01107 3. Rialto Ave. & I St. 2U-0.50 27-206-0 SOO01105 4. G Street 2U-0.70 27-208-S 50001103 5. E 5treet 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" CODStruction - 10- Construction and Maintenance Agreement 10/31/00 ~~....~c.,..".~"_,, 2000-325 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'. Street Civil and Drainage $227,807.00 $48,661.00 4 2n. 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 11 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 Subdivision "First Mile" Construction - 11 - Construction and Maintenance Agreement 10/3 UOO