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HomeMy WebLinkAbout2015-025 (IMPORTANT NOTE: Resolution is Null and void because thef.agreement was not execatdd within the time specified.) 1 RESOLUTION NO. 2015-25 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING MEMORANDUM OF UNDERSTANDING 3 NO. 15-1001182 WITH THE SAN BERNARDINO COUNTY TRANSPORTATION 4 COMMISSION FOR THE ADVANCEMENT OF THE REDLANDS PASSENGER RAIL PROJECT. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 6 CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The City Manager is hereby authorized and directed to execute, on 8 behalf of the City, Memorandum of Understanding No. 15-1001182 with the San Bernardino 9 10 County Transportation Commission for the advancement of the Redlands Passenger Rail 11 Project, attached herein as Exhibit"A". 12 SECTION 2. The authorization to execute the above-referenced Agreement is 13 rescinded if it is not executed within one-hundred-twenty (120) days of the passage of this 14 resolution. 15 HI 16 17 18 /// 19 20 21 22 23 24 25 /// 26 27 28 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING MEMORANDUM OF UNDERSTANDING 2 NO. 15-1001182 WITH THE SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION FOR THE ADVANCEMENT OF THE REDLANDS PASSENGER 3 RAIL PROJECT. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 5 and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on 6 7 the 2nd day of February, 2015, by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ x 10 BARRIOS x 11 12 VALDIVIA x 13 SHORETT x 14 NICKEL X 15 JOHNSON x 16 MULVIHILL x 17 t 18 19 Georgea . Hanna, (31ty Clerk 20 The foregoing resolution is hereby approved this day of Febru , 2015. 21 a, 22 R. CAREY Vermardino VIS, Mayor 23 City of San Approved as to form: 24 GARY D. SAENZ, City Attorney 25 26 By' 27 28 2015-25 EXHIBIT "A" Contract No. 15-1001182 CONTRACT NO. 15-1001182 MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION AND THE CITY OF SAN BERNARDINO FOR THE REDLANDS PASSENGER RAIL PROJECT This Memorandum of Understanding ("MOU") is made and entered into by and between the San Bernardino County Transportation Commission ("SANBAG") and the City of San Bernardino ("CITY"). (SANBAG and CITY are each a "Party" and collectively "Parties"). The Effective Date of this AGREEMENT shall be the date upon which SANBAG executes this AGREEMENT. RECITALS WHEREAS, SANBAG owns and is responsible for the maintenance on the Redlands Subdivision railroad right-of-way between San Bernardino and Redlands ("ROW"); and WHEREAS, a portion of the ROW is presently being used for operation of freight trains by the Burlington Northern Santa Fe Railway Company ("BNSF"); and WHEREAS, SANBAG desires to implement the Redlands Passenger Rail Project ("PROJECT") within and along the ROW; and WHEREAS, the PROJECT includes improvements located within the ROW ("IMPROVEMENTS") and ancillary facilities such as stations and parking facilities located on property adjoining the ROW ("FACILITIES"); and WHEREAS, the implementation and operation of the PROJECT is governed by United States Code, Title 49 — TRANSPORTATION SUBTITLE IV — INTERSTATE TRANSPORTATION, PART A — RAIL, CHAPTER 105 — JURISDICTION, Section 10501 —General jurisdiction; and WHEREAS, the PROJECT is included in the approved SANBAG Measure I 2010-2040 Ten-Year Delivery Plan and the Southern California Association of Governments' Regional Transportation Plan and is eligible to receive funds from the Measure 12010-2040 San Bernardino Valley Metrolink/Passenger Rail Program; and Page 1 of 9 2015-25 EXHIBIT"A" Contract No. 15-1001182 WHEREAS, SANBAG and City of Redlands have entered in to an agreement, SANBAG Contract No. 97-026, regarding parking related to the PROJECT at certain stations in the City of Redlands; and WHEREAS, SANBAG is completing an Environmental Impact Study and Envirorunental Impact Report ("EIS/EIR") identifying potential impacts of the PROJECT and associated mitigation measures per federal and state guidelines and plans to certify the project and move towards construction and implementation; and WHEREAS, the implementation of Quiet Zones at specific highway-rail at-grade crossings is listed as one of the preferred mitigation measures in the EIS/EIR; and WHEREAS, per Code of Federal Regulations, Title 49 Part 222, only the public authority responsible for traffic control or law enforcement at the highway-rail at-grade crossing can implement a Quiet Zone; and WHEREAS, SANBAG and CITY recognize that coordination of PROJECT utility relocations with CITY is mutually beneficial to both SANBAG and CITY and wish to minimize cost and schedule disruptions of utility relocations; and WHEREAS, SANBAG has need of and desires to reach an understanding with the CITY in carrying out SANBAG's responsibilities for design, construction, and operation of the PROJECT, specifically to define the scope of CITY'S involvement in the review and approval of design drawings, to establish defined review period time frames, and to acknowledge other necessary steps SANBAG and CITY must follow; and NOW, THEREFORE, the Parties agree to the following: RESPONSIBILITIES: 1. The Parties agree that the above referenced RECITALS are true and correct in all respects and shall constitute a substantive part of this Agreement and are incorporated herein by this reference. 2. The PROJECT as described and depicted on Exhibits A and B attached hereto and incorporated herein is located in the Cities of San Bernardino and Redlands. 3. CITY and SANBAG will meet and confer to establish SANBAG's responsibilities for construction and operation of the PROJECT, specifically to define specified time frames for review and approval of design drawings, permits, and to acknowledge other necessary steps SANBAG and CITY must follow for approval of PROJECT FACILITIES and improvements. 4. CITY and SANBAG will identify one or more contact individuals for all PROJECT related matters. Page 2 of 9 2015-25 EXHIBIT"A" Contract No. 15-1001182 5. SANBAG agrees to design, construct, and maintain at-grade crossing improvements along the PROJECT corridor to be Quiet Zone capable and to prepare all required applications and technical studies needed to implement Quiet Zones along the entire PROJECT corridor. 6. CITY agrees to attend site diagnostic meetings, execute concurrence documents in compliance with CPUC General Orders 75-D and 88-13, and file all federally required documentation when construction of all PROJECT grade crossings is substantially complete in order to implement Quiet Zones within its jurisdiction at all crossings included within the scope of the PROJECT. 7. CITY agrees to consider the adoption of certain General Plan Amendments or similar land use guidance document and/or discretionary actions as may be required to reflect the revised traffic circulation system arising from the closure of crossings as determined by SANBAG, CITY, and the CPUC; and to implement parking prohibitions adjacent to crossings as may be required by the CPUC. 8. CITY and SANBAG will identify and plan for utility relocations and modifications, including streets in a coordinated manner. Specific agreements will be outlined as to which utilities need to be relocated, when they will be relocated, and who will perform the relocation work at no cost to the CITY, unless otherwise covered by separate existing agreements. CITY and SANBAG recognize the need to perform this work in a timely and cost effective manner. SANBAG recognizes the need to execute separate water utility relocation agreement(s) with the City of San Bernardino Municipal Water Department(WATER). 9. CITY agrees it will invoke its franchise/utility agreements and have its rights under those agreements imposed on utilities if it is determined utilities are in conflict with the PROJECT and require relocation. The CITY will formally inform the utilities of the CITY's intent to exercise its rights and request the relocation of utilities pursuant to the franchise/utility agreements. 10. When possible, CITY and SANBAG will coordinate PROJECT construction schedules with CITY project construction and CITY construction schedules, particularly with respect to utility relocations. 11. SANBAG and City of San Bernardino Municipal Water Department (WATER) agree to enter into one or more Agreement(s) prior to construction related to water system facility protection, relocation, or abandonment. WATER shall own and maintain all water facilities located within CITY and/or WATER right-of-way or easements. 12. SANBAG will provide a mechanism to incorporate such PROJECT "Betterments" as may be requested by the CITY and WATER. Betterments are defined as facilities which are not required for the PROJECT or required by city zoning or building regulations and are enhancements to the PROJECT. Cost sharing will be negotiated in good faith on a case-by-case basis. Page 3 of 9 2015-25 EXHIBIT "A" Contract No. 15-1001182 13. CITY will collaborate with SANBAG to acquire right-of-way needed to complete the implementation of the PROJECT based on the PROJECT implementation schedule to be provided by SANBAG. CITY will also collaborate with SANBAG to pursue vacation of CITY right-of-way that will no longer be needed for public purposes upon completion of the improvements. 14. CITY shall collaborate with SANBAG on amending existing grade crossing and utility license agreements as necessary to accommodate the project for each existing CITY owned utility and street crossings along SANBAG's Redlands Branch Corridor right-of-way. In addition, CITY shall collaborate with SANBAG on the execution of new grade crossing and/or utility license agreements, drafted by SANBAG, for each new and existing CITY owned utility, including streets that cross SANBAG's Redlands Branch Corridor right-of-way. The terms and conditions for each of the subject license agreements shall be negotiated by both parties in good faith on a case- by-case basis, as soon as pertinent details become available. 15. Dispute Resolution. . Any dispute between the parties shall be resolved as follows: a. The individuals identified in Paragraph 3 hereof shall meet and confer in good faith to resolve the dispute. b. If unresolved the dispute shall be referred to the City Manager of CITY and SANBAG's Executive Director who shall meet and confer in good faith to resolve the dispute. In the event the dispute is still not resolved the dispute shall be referred to the governing bodies of the CITY and SANBAG who shall arrange to meet and confer (to the extent permitted by the Ralph M. Brown Act) through committees, representatives, or delegates to resolve the dispute. The decisions of the governing bodies shall be final. The CITY and SANBAG reserve all rights, following completion of the above described process, to seek appropriate relief or remedy. 16. Following completion of the PROJECT, CITY and SANBAG will continue to meet and confer on the common interests of both with respect to the safe operation and maintenance of the passenger rail system and CITY facilities including potential effects on traffic within the project limits in CITY. 17. No Party nor any officer, director, employee or agent thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by any other Party under this AGREEMENT. It is understood and agreed that each Party shall fully defend, indemnify and save harmless each other Party, its officers, directors, members, employees, contractors or agents from all claims, liabilities, suits or actions of every name, kind and description brought for or on account of any injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by the indemnifying Party under or in Page 4 of 9 2015-25 EXHIBIT"A" Contract No. 15-1001182 connection with any work, authority, action or inaction undertaken under this AGREEMENT by the indemnifying party. 18. This AGREEMENT shall continue in full force and effect through December 31, 2020. 19. All signatories hereto warrant that they are duly authorized to execute this Agreement on behalf of their respective Parties and that by so executing this AGREEMENT, the Parties hereto are formally bound to this AGREEMENT. 20. Except on subjects preempted by federal law, this AGREEMENT shall be governed and construed in accordance with the laws of the State of California. All Parties agree to follow all local, state, county and federal laws and ordinances with respect to performance under this AGREEMENT. 21. If any clause or provision of this AGREEMENT is illegal, invalid or unenforceable under applicable present or future laws, then it is the intention of the Parties that the remainder of this AGREEMENT shall not be affected but shall remain in full force and effect. 22. This AGREEMENT can be amended only with a written amendment duly authorized and executed by both Parties. 23. In the event of litigation arising from this AGREEMENT, each Party to this AGREEMENT shall bear its own costs, including attorney(s) fees. 24. This AGREEMENT may be signed in counterparts, each of which shall constitute an original. 25. Any notice required or authorized to be given hereunder or any other communications between the Parties provided for under the terms of this AGREEMENT shall be in writing, unless otherwise provided for herein, and shall be served personally or by reputable courier or by facsimile addressed to the relevant party at the address/fax number stated below. 26. Notice given under or regarding this AGREEMENT shall be deemed given (a) upon actual delivery, if delivery is personally made; or (b) upon delivery into the United States Mail if delivery is by postage paid certified mail (return receipt requested), fax or private courier including overnight delivery services. Notice shall be sent to the respective Party at the address indicated below or to any other address as a Party may designate from time to time by a notice given in accordance with this paragraph. Page 5 of 9 2015-25 EXHIBIT "A" Contract No. 15-1001182 If to SANBAG: Raymond Wolfe, Executive Director 1170 West 3`° Street, Second Floor San Bernardino, CA 92410-1715 (909) 884-8276 If to City of San Bernardino: Allen Parker, City Manager 300 N. "D" Street, 6" Floor San Bernardino, CA 92418 (909) 384-5122 26. Exhibit A (Project Description) and Exhibit B (Project Location Map) are attached to and incorporated into this AGREEMENT. SIGNATURES ON FOLLOWING PAGE: Page 6 of 9 2015-25 EXHIBIT"A" Contract No. 15-1001182 IN WITNESS WHEREOF, the Parties have executed this AGREEMENT below. SAN BERNARDINO COUNTY CITY OF SAN BERNARDINO TRANSPORTATION COMMISSION By: By: Raymond Wolfe Allen Parker SANBAG Executive Director City Manager Date: Date: APPROVED AS TO FORM: APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: By: Robert D. Herrick Asst. SANBAG General Counsel Date: Date: CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT By: Stacey R. Aldstadt General Manager Date: Page 7 of 9 2015-25 EXHIBIT"A" Contract No. 15-1001182 MEMORANDUM OF UNDERSTANDING NO. 15-1001182 EXHIBIT A- Project Overview The Redlands Passenger Rail Project (RPRP) encompasses an approximately nine-mile corridor extending east from the City of San Bernardino to the City of Redlands. The project extends along an existing railroad right-of-way owned by SANBAG and commonly referred to as the Redlands Branch or Subdivision. The project proposes the operation of passenger rail service between E Street in the City of San Bernardino and the University of Redlands, in the City of Redlands. Passenger rail service will be facilitated by up to five station stops. Up to four new station stops will be constructed in conjunction with RPRP. These include possibly one station located at either Tippecanoe Avenue or Waterman Avenue within the City of San Bernardino and New York Street, Orange Street, and University Street within the City of Redlands. The fifth station is being constructed at E Street in San Bernardino as part of the Downtown San Bernardino Passenger Rail Project. SANBAG also proposes the replacement of the existing railroad tracks and ties, reconstruction or rehabilitation of existing bridge structures, potential construction of a new train layover facility, and auxiliary improvements such as at-grade highway crossing and safety enhancements, new parking facilities, and improvements to pedestrian access. The project is currently considering three vehicle options for operations: two (2)types of diesel-powered locomotives and one (1)type diesel multiple units (DMU). The final vehicle type selected will meet Tier 4 emission requirements. Frequency of these vehicles would be 30 minute headways during AM and PM peak travel times and hour headways during off-peak times traveling between the E Street and University of Redlands Stations. Functionality will be built into the system to allow for Metrolink a limited number of trains. Page 8 of 9 2015-25 EXHIBIT "A" Contract No. 15-1001182 MEMORANDUM OF UNDERSTANDING NO. 15-1001182 EXHIBIT B - Project Area a I p ( Will WIT on 5jjw I r w AWKS Mae dV u war 4 1f v11VNM � +R �m \ � allvigWwlMM = ,�« I�•'°" \`-- --- acv wvirnor .n --- �, L p4 ° 2 Q G 8 f asso �w'www —' as G a�vaa C p _? v tea; u .s I J1 �C rvMaNa Q moo. - 8,v M;vim C. Z swom E ; �I■��I n asnM a Asd s►v sunw wow .Qas �y.txi y �?. a fN w C! ass C »sasw tt asr a ` Cdr Page 9 of 9