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2018-285
Resolution No. 2018-285 RESOLUTION NO. 2018-285 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE SECOND AMENDMENT TO THE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR THE REDLANDS SUBDIVISION "FIRST MILE" TRACK CONSTRUCTION AND INLAND EMPIRE MAINTENANCE FACILITY PROJECT WHEREAS, On November 20, 2000, the City entered into a Construction and Maintenance Agreement (Agreement) with Southern California Regional Rail Authority (SCRRA) to outline the funding, construction and maintenance responsibilities for Redlands Subdivision "First Mile" Track Construction and Inland Empire Maintenance Facility project; and WHEREAS, On December 6, 2004, the City entered into a first amendment to the agreement to cover the cost of change orders and overruns to make project complete and fully functional. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager or his designee is hereby authorized and directed to execute the Second Amendment to the Construction and Maintenance Agreement for the Redlands Subdivision "First Mile" Track Construction and Inland Empire Maintenance Facility project, a copy of which is attached as Exhibit "A" and incorporated herein. SECTION 3. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. Resolution No. 2018-285 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7rh day of November 2018. WA, R. Carey D' is, Mayor City of S Bernardino Attest: Georgeann 0anna, CMC, City Clerk Approved as to form: 40�11v� Gary D. Saenz, City Attorney om Exhibit `A' AMENDMENT NO 2 TO CONSTRUCTION AND MAINTENANCE AGREEMENT FOR REDLANDS SUBDIVISION "FIRST MILE" TRACK CONSTRUCTION AND INLAND EMPIRE MAINTENANCE FACILITY Between SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY And The CITY OF SAN BERNARDINO In CITY OF SAN BERNARDINO, SAN BERNARDINO COUNTY, CALIFORNIA City of Sam Banardmo Qadc Crossing Maintaamcc AMENDMENT No. 2 San Gabriel Subdivision SCRRA FILE G0000338 Page 1 of 10 Exhibit `A' AMENDMENT NO 2 TO CONSTRUCTION AND MAINTENANCE AGREEMENT FOR REDLANDS SUBDIVISION "FIRST NIILE" TRACK CONSTRUCTION AND INLAND EMPIRE MAINTENAINCE FACILITY This Amendment No. 2 to the Construction and Maintenance Agreement for Redlands Subdivision 'First Mile" Track Construction and Inland Empire Maintenance Facility is made and entered into on this '.day of N&&W,66 ✓ , 2018, by and between the City of San Bernardino, a California charter city and a municipal corporation duly organized and existing under the 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": Hereinafter. CITY and SCRRA are collectively referred to as the ("PARTIES"). RECITALS WHEREAS, the PARTIES entered into a Construction and Maintenance Agreement effective November 20, 2000 ("AGREEMENT") to outline the funding, construction and maintenance responsibilities for the Redlands Subdivision "First Mile" Track Construction and Inland Empire Maintenance Facility ("PROJECT"). WHEREAS, the PARTIES entered into an Amendment No. 1 to this Agreement December 6, 2004 to cover the cost of change orders and overruns, which were necessary to make the PROJECT complete and fully functional but were not anticipated at the time of approval of the original design. WHEREAS, The PROJECT has installed all highway -railroad at -grade crossing improvements at W. 2"d Street, W. Rialto Avenue and S. "G" Street at -grade crossings to current California Public Utilities Commission (CPUC) and SCRRA Standards for Quiet Zone Implementation. City of San Bernardino Grade Crossing Maintemmoe AMENDMENT No 2 Page 2 of 10 San Gabrid Subdivision SCRRA FILE 60000338 Exhibit `A' WHEREAS, The CITY has petitioned for a Quiet Zone within their jurisdictional boundaries pursuant to the Federal Railroad Administration (FRA) Regulation Title 49 Part 222 of the Code of Federal Regulations (49 CFR Part 222) requirements and SCRRA's Quiet Zone Implementation Guidelines and Procedures, EXHIBIT "E", that was currently in effect at the time of construction for the W. 2'd Street, W. Rialto Avenue and S. "G" Street at -grade crossings. The W. 3'd Street crossing has been dosed. The Notice of Intent to Create New Quite Zone for these crossings was issued by the City on July 27, 2016 (Exhibit "C'). The Notice of New Quiet Zone Establishment was issued by the City November 28, 2017 with Notice that the Quiet Zone would be effective January 15, 2018, (Exhibit "D"). WHEREAS, the S. "E". Street Crossing has not been improved to current California Public Utilities Commission (CPUC) and SCRRA Standards for Quiet Zone Implementation.as part of the PROJECT. It is anticipated that the crossing will be improved to current California Public Utilities Commission (CPUC) and SCRRA Standards for Quiet Zone Implementation at a future date. WHEREAS, the PARTIES desire to cooperate and maintain the at -grade highway - railroad crossings listed herein with the least amount of disruption to vehicle and rail traffic. WHEREAS, the PARTIES now desire to enter into Amendment No. 2 to this existing Agreement to include a Quiet Zone within the CITY's jurisdictional boundaries pursuant to the Federal Railroad Administration requirements and SCRRA's Quiet Zone Implementation Guidelines and Procedures currently in effect at the time of construction, EXHIBIT "D',for the W. 2nd Street, W. Rialto Avenue and S. "G" Street at -grade crossings and to address clarifications and/or revisions and existing language of the Agreement. WHEREAS, SCRRA 'Time Table 11 and Systems Special Instructions" identifies the Redlands Subdivision, which is the subject of this Amendment No 2, as the San Gabriel Subdivision between Mile Post 56.6 and Redlands Control Point Mile Post 57.7. All references to the Redlands Subdivision between these Mile Post limits shall be considered to be the San Gabriel Subdivision. City of San Bcnuffdino Gude Crossing Mainumme AMENDMENT No. 2 Page 3 of 10 San Gabriel Subdivision SCRRA FRE G0000338 Exhibit `A' AMENDMENT NO 2 AGREEMENT In consideration of the promises and mutual understandings of the PARTIES hereto, SCRRA and the CITY agree to amend the Agreement as follows: 2. MAINTENAINCE A. SCRRA Responsibilities of the Agreement is hereby amended as follows: Modify second (2"d) bullet point only as follows; add sentence at the end of the first (11 sentence; insert the following: • SCRRA will maintain, repair and renew the railroad warning devices, including vehicular and pedestrian warning devices, and vehicle intrusion detection devices. Remove third (3'd) bullet point and replace as follows; insert the following.- Upon allowing. Upon completion of the project, SCRRA will, at its expense, 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, 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 72-13. Add a fourth (4d) bullet point as follows; insert the following: In the event of new construction and maintenance, SCRRA at the sole cost and expense of the CITY, shall coordinate with the CITY in providing flagging. The CITY shall City of San Bernazdino Grade Crossing Maiahmnee AMENDMENT No. 2 Page 4 of 10 San Gabriel subdivision SCRRA FILE 60000338 L, Exhibit `X coordinate with the appropriate SCRRA representative for railroad flagging and flagging costs. SCRRA will provide flagging at its expense for routine maintenance by the CITY for maintenance activities specific to the roadway within the railroad right-of-way, such as striping or patching, that can be completed within one (1) flagging shift period, if the CITY coordinates the work with SCRRA for the arrangement of flagging services. Add a fifth (50) bullet point as follows; insert the following. To perform preemption testing at those crossings with traffic signal preemption in accordance with FRA Regulation Title 49 Part 234 Subpart D of the Code of Federal Regulations (49 CFR Part 234). B. CITY Responsibilities of the Agreement is hereby amended as follows: Remove fast (e) bullet point and replace as follows; insert the following.- Upon ollowing. Upon completion of the project, CITY will, at its expense, maintain any street improvement, including street lighting, sidewalks, curb and gutter, emergency exit swing gates, detectable warning tactile strips, channelization devices for pedestrians (fencing and hand railing), pavement striping and markings (traffic and pedestrian), raised pavement markers, raised medians, and signage affecting the Crossing area 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. Add a fifth (e) bullet point as follows; insert the following: • CITY shall control or remove, at CITY expense, weeds or vegetation located City of San Bernardino Grade Crossing Maintenance AMENDMENT No. 2 San Gabriel subdivision SCRRA FILE G0000338 Page 5 of 10 Exhibit `A' within the CITY crossing easement or within public street right of way on or about the crossing 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. Add a sixth (60) bullet point as follows; insert the following: • CITY shall 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 railroad right-of-way. Any SCRRA flagging or inspection deemed by SCRRA to be required to protect SCRRA tracks or the traffic moving thereon shall be paid for by CITY if the maintenance activity requires more than one (1) flagging shift period as specified in the fourth (0) bullet point in Section 2-A. Add a seventh (7*) bullet point as follows; insert the following: • CITY shall provide assistance, at CITY's expense, in support of SCRRA annual testing of railroad / traffic signal preemption equipment and facilities in accordance with FRA Regulation Title 49 Part 234 Subpart D of the Code of Federal Regulations (49 CFR Part 234). CITY shall provide qualified personnel to assist with testing of those traffic signal interconnect features outside of the Railroad right of way. Add a eight (e) bullet point as follows; insert the following. • CITY shall participate, at CITY's expense, with SCRRA, CPUC, and other affected parties to conduct a periodic review of the Crossings, where a Quiet Zone has City of San Banwdn o Grade Crossing Maint®amn AMENDMENT No. 2 San Gabriel Subdivision SCRRA FRE G0000338 Page 6 of 10 Exhibit `A' been implemented, to evaluate the Crossings and affirm that the Crossings continue to conform to the requirements of FRA 49 CFR Part 222, as required by § 222.47, and SCRRA's Quiet Zone Implementation Guidelines and Procedures. Periodic review of the Crossings between four and one half (4 and 1/2) to five (5) years after the date of the Quite Zone Establishment, January 15, 2018, and between four and one half (4 and 1/2) to five (5) years after the last affirmation. CITY will be responsible to affirm in writing to the FRA to maintain the quiet zone status of the Crossings based on the findings of the periodic review. Should any additional improvements be required in order to maintain the quiet zone status of the Crossings, then any costs of said improvements to the Crossings shall be borne by the CITY. Add a ninth (90) bullet point as follows; insert the following. • If, in the future, CITY elects to modify the existing crossing(s) listed in Exhibit W, Grade Crossing List, by widening or replacement of crossing surface(s), then any SCRRA reasonable costs of modifications to crossing(s), including material and/or repair or rehabilitation of the railroad tracks shall be borne by the CITY. Add EMERGENCY TELEPHONE NUMBERS to end of Section 2 B. City Responsibilities, insert the following.- The ollowing. The CITY must immediately contact SCRRA in case of accidents, personal injury, defect in track or signals or any unusual condition that may affect the safe operation of the railroads. The following are SCRRA's emergency numbers: Signal Emergencies and Grade Crossing Problems (888) 446-9721 Metrolink Chief Dispatcher (909) 596-3584 or (888) 446-9715 Metrolink Sheriffs Dispatch Center (323) 563-5280 Signal and Communications Cable Location (909) 592-1345 4. INDEMNIFICATION of the Agreement is hereby amended as follows: city,:r San Bcnwdno Grade Crossing Mak4co ce AMENDMENT No. 2 Page 7 of 10 San Gabdd Subdivision SCRRA FILE G0000338 Exhibit `A' Remove the first (15) and second (2"d) paragraphs and insert the following: • Neither SCRRA, nor the Operating Railroads, 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 under or in connection with any aspect of the work, authority or obligation agreed to by the CITY under the Agreement and this AMENDMENT No. 2. CITY shall indemnify, defend and hold harmless SCRRA, any Operating Railroads, as identified by SCRRA, as well as their respective board members, member agencies, officers, agents, volunteers, contractors, and employees CSCRRA Indemnitees') from any and all liability, loss, expense (including reasonable attomeys' 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 CITY, its council, officers, agents, contractors, or employees under or in connection with any aspect of the work, authority or obligation agreed to by the CITY under the Agreement and this AMENDMENT No. 2. This indemnity shall survive completion of the PROJECT, CITY WORK, RAILROAD WORK and termination of the Agreement and AMENDMENTS No. 1 and 2. Neither CITY, nor its council, officers, agents, contractors, or employees shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of SCRRA under or in connection with any RAILROAD WORK authority or obligation agreed to by SCRRA under the Agreement and this AMENDMENT No. 2. SCRRA shall indemnify, defend and hold harmless CITY, as well as their respective council, officers, agents, contractors, and employees ('CITY Indemnitees') from any and all liability, loss, expense (including reasonable attorneys' fees and other defense cats), demands, suits, liens, damages, costs, claims, including but not limited to, claims for bodily injury, death, City of San Bmatdino Glade Crossing Maintenance AMENDMENT No. 2 Page 8 of 10 San Gabriel Subdivision SORRA FRE 00000338 EY.Mbit `A' 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 on the part of SCRRA, its board members, officers, agents, volunteers, contractors or employees under or in connection with any aspect of the RAILROAD WORK authority or obligation agreed to by SCRRA under the Agreement and this AMENDMENT No. 2. This indemnity shall survive completion of the PROJECT, CITY WORK, RAILROAD WORK and termination of the Agreement and AMENDMENTS No. 1 and 2. Add a fourth (40) paragraph; insert the following. Additional Indemnification requirements are provided for in SCRRA Quiet Zone Implementation Guidelines and Procedures, EXHIBIT "E" 7. NOTICES of the Agreement are hereby amended as follows: Delete CITY and SCRRA Notice Contact Information and insert the following.- TO ollowing. To CITY Mr. Alex Qishta, P.E. Deputy Director of Public Works/ Public Works Department City of San Bernardino 201 N. "E" Street, 2' Floor San Bernardino, CA 92401 Telephone: 909-384-5019 Facsimile: 909-3845190 Email: Qishta—AI@SBCity.org City of San Bernardino Grade Crossing Maintenance AMENIDMENT No. 2 San Gabrid Subdivision SORRA FILE G0000338 To SCRRA Mr. Justin Fomelli, P.E. Director of Engineering and Construction Southern California Regional Rail Authority 2558 Supply Street Pomona, CA 91767 Telephone: 909-5934291 Facsimile: Email: fomellij@scrra.net Page 9 of 10 Exhibit `A' IN WITNESS, WHEREOF, the City of San Bernardino and the SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY have caused this AMENDMENT NO. 2 executed and attested by their duly qualified and authorized officials SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY By: ?-Ovaw tE CA-MPee&-L- Co-Interim Chief Executive Officer Date: L -2A-7-0 k 2a kG City of San Bemardino Grade Crossing Mamwnanm AMENDMENT No. 2 San Gabriel Subdivision SORRA FRE G0000338 CITY OF SAN BERNARDINO By: City Manager Date: l Page 10 of 10 APPROVED AS TO FORM: Don O. Del Rio General Counsel Date: /eZ//2�/� City of San Bemmdmo Grade Crossing Maintenance AMENDMENT No. 2 San Gabriel Subdivision SCRRA FILE 60000338 it `A' ATT T• _Y"e City Clerk APPROVED AS TO FORM: Assistant City Attorney Date: 11 Page 11 of 10 REVISED EXHIBIT A Cover Sheet for the GRADE CROSSING LIST Public Highway -Rail Grade Crossing Improvements for Amendment No. 2 to the CONSTRUCTION AND MAINTENANCE AGREEMENT FOR REDLANDS SUBDIVISION "FIRST MILE" TRACK CONSTRUCTION AND INLAND EMPIRE MAINTENANCE FACILITY cmr0fSM Cwaft ckoss;ng A&IMMgm AMENDMHNT No. 2 Sm cwt SttbdiyWW 3CRRA FILE 00000338 Remove EXHIBIT A- GRADE CROSSING UST and insert the following: REVISED EXHIBIT A - GRADE CROSSING UST Public Highway -Rail Grade Crossing Improvements NO. A"Grade Highway — Railroad Crossinc! Subdivision Milepost CPUC No. DOT No. A-1. W. 2nd Street (1) San Gabriel 56.98 101 -SG -56.98 027204P A-2. W. Rialto Avenue (1) San Gabriel 57.12 101SG-57.12 0272060 A-3. S. `G° Street (1) San Gabriel 57.41 101 -SG -57.41 027208S A-4. S. °E' Street San Gabriel 57.68 101 -SG -57.68 027210T (1) Crossings with current FRA, CPUC, and SCRRA Standards for Quiet Zone Implementation Public Highway -Rall Grade Crossing Closures NO. At -Grade Highway — Subdivision CPUC No. DOT No. Railroad Crossing 1. W. 31d Street San Gabriel 002U-0.10 027201U 2. Broadway Avenue San Gabriel 0021.1-0.20 0272028 3. Main Street San Gabriel 0021.1-0.23 027203H 4. Caldwell Alley San Gabriel 0020-0.40 027205W (Sty ofsanl3crnardirw Graft Crossing Mainicnancc AMENDMENT Na 2 San Gabriel 5ubdirisim SCRRA FILE G0000338 1331i1S F 'p .� •A a1 A it EB_ s$ - yfll u A - eg® aee � i �► M eseeee }} a-aaa�w C4 0 jg gg to Y O--M'.--�, � j � 'e � _ �r �..!' � IVelpl � :-y+,+ j r �.:�"~!rk ku� "i�rj � T, Lu cl s Y L LI, co 'OFF Cd ED SA TOM., m V V I C? ICANOEI V AV N E in e, a c'z mi Z 6 00 ov R 0 fn LU M E MAN AV' fid. am s bil O--M'.--�, � j � 'e � _ �r �..!' � IVelpl � :-y+,+ j r �.:�"~!rk ku� "i�rj � T, Lu cl s Y L LI, co 'OFF Cd ED Niel I R_ ; I y °S S:`swtr4� $$_ kOU. lip I Fax I ril t ;. .w....,. ce�� NM ! _ ;oil! Po W e I s: alk rl m rl� 91 rb li'll" A Fl Fl.-.I'lmLlcwl R 9t -ra, —: -0—mr-WK &I., 4 Insert the folkwAng exhibits after Exhibit B COST ESTIMATE; EXHIBIT C - Notice of Intent to Create New Quite Zone EXHIBIT D - Notice of New Quiet Zone Establishment EXHIBIT E - SCRRA Quiet Zone Implementation Guidelines and Procedures City of San Bem ifto Grade Crossing MaiateaanooAMEMDNMn W 2 San Gabnd Subdivistun SCRRA FILE 00000339 EXHIBIT C Cover Sheet forthe Notice of Intent to Create New Quiet Zone for Amendment No. 2 to the CONSTRUCTION AND MAINTENANCE AGREEMENT FOR REDLANDS SUBDIVISION "FIRST MILE" TRACK CONSTRUCTION AND INLAND EMPIRE MAINTENANCE FACILITY City of Sm Beawdiao Grade C=ft hkb* a= AMENDMENT Na 2 San Gabnd Snbdivmw SORRA FRE GOOOi0338 CITY OF SAN BERNARDINO 4mm100 PUBM WORKS DEPARTMENT hi Won i Judy 26.2046 W. Nareah Patel, PE Ash Director, Deign S Standards Mebodnk 26M Supply Skeet Pomona, CA 91767 RE Notice of hdent to Eablish a Quiet Zone CRY of San Bernardino. CA Dear Mr. Patel, Chrh Akmhwnmm ummm 3W Na * IV"S&r Sm Boxffd^ CA 92419-OOM 909.3843140 FAX RWJ945190 The Cky of San Brno hereby $abode a NoBce of kft t for the rxea loo of a New Quiet Zane on the San Gatatel Subdhdsion rnilmed corridor awned by SM Bernardino Assoceted Gcvernnwb (SANSAG) In the Cly of San Bern8rdkr0. San Barna dh+o County. The -rani line is operated by the Southam California Regional Rad Autho* (SCRRA) and used by SORRA for its Metrolink passenger rail service and by BNSF Ral way Company (BNSF) for freight rad servkm. - The Notice of Intent is -being provided In accordance wdh the provisions of Tithe 49 of the Code of Federal Regulations (CFR). Part 222A3(a)(1). The highway grade cs+ossings wilt the New Quid Zone ere as Maim 1. a Street, DOT # 027201 U, jP 002U-0.10 2. 2nd Street; DOT 8027204P. -101SG M-98 3. Rfafto Avenrre, DOT #M 206D, MP 101 SG -07.13 4. G StraetDOT 80272083, MP 1018,57.42 Please direct all oorrespauierge regarding this matter to the undersigned at the address fisted under file Nu ns sedIon of the Nolice on intent. Please provide commentanytends you ,lie may have wMkl Ow e&day period prescribed In 49 CFR 222.43 (a) (3)(1). if no conto be pmvkbd, provide a writtetr slntement indbft that no commer is are to be provided, in accordance w1 h 49 CFR 222.43 (a)(3)MB). Ttrank you for your Amllon to this r 9dw. S ce 0 ChrisiopherAfards Okada of Public Works Enclosures; Wdw of IntentiD Create a New Quiet Zone Proposed Crosekrg Improvement Plans Quiet Zane CaWulator Result Sheet_ Bftfing CaxMm ould Zone Calculator Result Sheet—WO Supplement Safeb Measures U.S. DOT Crossing Inventory Forms NOME OF HiT$NT TO CREATE NES [ U T ZONR July 27, 2016 The Cny of San Bernardino is a king the New Quiet Zone by POW Authoriht Designation In accordance V t lire FeWkenwnta of 49 CFA 222.39(a)(9). SupplemeMai Safety Measures are cxa►erttiy In Place at several aoasings in the New Quiet Zone, bfinft the Quiet Zone Putt Index to a level below the Rbk inclu wkb Horne. The h% w q grade crossings wEdn the New Wet zone are as WOW 1. 9ro Street, DOT 9 027201 U, MP 002U-0.10 2. a Street, DOT 1h127204P, MP 101 SG -mm S. Riaffo Avenue, DOT if027206D, MN 101SQx7.13 4. G Street, DOT S0272D8S, MP 10180-57.42 A description of the characderfstfcs of fire New Quiet Zone lollows: 1. The New Quiet zone wit be in effect on a 244our beefs. Routine sounding of the locomotive horn shat be dlsoonttnued on a 24-hour basis once the New Quiet Zone is established. 2. The New CAM Zone will be in effect at the three hkft ay grab crossing listed above beWleen Mlleposd SUB and 57.42 an the Sart �,C Mel Subdivision. As part of the Indllaflon of SrrppternWW Safely Measure, 3 Saud will be pernierwally dosed. & AN three higfmrey grade mums rgs on provided wth flashing liSihis and Odes. 4. Al flues hk*my grade crosses will have ralsed medians of at least 100' In length on both sides d 11he traolrs. 5. Consta rd Warning Time (CWT) dwbes are In service at al three highway crosslrW within the New Quiet Zane. * The highway grade cmm*V InsWmerd houses and cases at al three highway grade crud waft floe New Quiet Zotre currently have or will bane power -off indicators 7. M three highway grade orussings wMdn the Now Quiet Zane wi8 be provided wth the apiNwri le signage (No Train Nan, eta.) as required. s. The FRA hlghrnry grade crossing Inventory forms for at three W way crossings Mom ire New quiet Zone have been updated Qn red ink) and are attached. In additon, the Quiet Zone oabuMm prbd-out indfoating the results for the three hl9hW grade crossings widdn the New Quiet Zone are OWN& As regAred by 49 CFR 222A*)(Iv),1he name, title and contact kdormallon for the person who win act as the point of contact during the New 0101 Zone Devedol)nWtt prcrOss h3 M fOWWC Ctrrlstopher Maris Pd* Works Director City of Bemarchno Soo NoM D Street, a Floor San pernodno, CA 82418-0001 Office: (909) 389-5140 C -Mall: f Lanb Soh ono Also as required by 49 CFR 222.43 tbH2)(y), the name and address of such party OW VA receive a copy of the Notice on Intent and ON attachments In W mrdaM wNh the racprements of 49 CFR 222.43(a)(1) are as bNoWS. Hard 2W Notification by UPS DMMIW Delivery Associate Admidsiratlon for Ra&wW Safety Federal Rdrm d Administration 1200 Now Jersey Avenue, MS 25 Washington, D.C. 20680 Me, LeeMn Didwon Regional Manager, Grade Cmsshhg Safety & Truss Federal railroad Adtaton 801 9° Street, Sntite 46 Sawmen1% CA 95814 Ma. Lauren CIO= , Branch Chief Caltrans Division Rall P.O. Box 842874, MS 74 Sacramento, CA 542741-0001 Mr. Michael Robertson, PE Manager, Rat and Crossing Branch Rall Cmsft Engineering Section Califorhda PhdAic Utilities COmmimbn 320 West Fourth Sheet, tints 500 Los Angeles, CA 90018 Mr. aargio Uoon, PE Utilities Enghteer Rall Crossing Engineering BecW cdfmWa Pub% Ut'Ww Commission 820 West Fourth Steet, Sub 500 Los Angalm CA 9DOi3 Mr. Justin Fornoll, PE Chief of TMB* & Rail Programs San Benmrdlno Associated Governments I 170 West go Street, 2nd Floor San Buiromilm CA 92410 Mr. Naresh Patel, PE Assistant McMr, Design & Standards 2556 SU WY Street Pomona, CA 91767 Mr. Jason Sanchez marmer. Ptm Projects BNSF ROOMY 740 East Camegie Drive San BMwdno, CA 92408-3571 1*. French Thompson Dire= Pd* Pr*cW BNSF Railway PA. Box 961034 2600 Lou Herdt Drive Fort Worth, TX 76191 Mr: Ronald Bin Staff DirecWr, Crosslr9 safety & Tr ss Prevention Federal Railroad Admim*atlon RRS 0 Mah Stop 25 1200 New Jersey Avenue Weald VM, DC 20590 List of EA11 its: Exhibit A CPUC General Order 88B Approval for Second Street & Rialto Avenue, CPUC Decision on Application 134M- 015 on "G" Street Exb it R - proposed Crag Improvements Exhibit C - Quiet Zone Risk Index Existing Condition Without SSM Exhibit D -. preliminary Quiet Zone Risk Index Calculations Exhibit E - Updated FRA Inventory Form K3 Exhibit A — CPUC General Order 88-B Approvals on Second Street & Rialto Avenue, 'UC Decision 13-04-015 on "G" Street STATE OF CALMED W EDWMD Q MOWN JR, (,bve+ w PUBLIC UTiLIMES COMMMIM = VL e 01"T. SM 4w LOGARBELEtCAUM May 3, 2013 017 bile Number: XREO) 2013040022 Rialto Avenue Mitchell A. Alderman HDR Ww", ln%ity of San Bmuwdino, San Bernardino County Director of Tramit & Rail Programs San Bernardino Associated Oovernmeuts 1170 W. P Street, 20 Floor San Bernardino, CA 924I0 Re: General Order 88-B Recpeest for Authority to Modify the RWU Avenue Higltway- lltnil Croak& CPUC Crossing No. 002U-0.50 and AUT No. 027206D, iu the City of San Bernardino, San Bernardino County. Dear Mr. Alderman: This refers to your letter dated April 23, 2013, Pmeived by us on April 26, 2013, requesting authorization, pur ww to California Public Utilities Commission (Commission) Oweral Order (00) 8", to mod* the Rialto Avenue at -grade czossing(crossing,) on the Redlands Subdivision railroad tracks owned by San Bernardino Associated O3ovp its (BANBAG) and operated by BNSF Raihmay Company (13NSF) In the City of San Berardino (City). San Bernardino County, identified as C UC Crossing Number 002U-0.50 and DOT Number M7206D. The a=dng is a divided roadway with four lance, two lanes in each direction. The railroad tracks currently cross the signalized intermetion of Rialto Avenue and 1 Street diagonally. The crossing is equipped with four curb mounted Commission Standard 9 (flashing light eignal aswmbly with automatic gate arm}, and one curb mounted Commission Standard 8 (flashing light signal assembly) warning devices with advance warning signage and pavement madangL The erossaw, improvement project is part of the proposed Southern California Regional Rai Authority (SCRRA) Metrolink commuter extension project from tho current terminus at the City's Santa Fe Depot Station to the }proposed Transit Center in Downtown. SANBAO proposes the ibllowiug alterations to the crossing as part of the Metrolink extension project to meet the service operator, SCRRA, standards: ■ lusmll one additional mainline track and realign the existing mainline track at 16 -feet track centers; ■ Close the "1" Sum roadway portion of this rrossing, leaving only Rialto Avenue crossing for the proposed double track crossing by reconstrrtcting "1" Street north of the crossing, to become a T intersection with Rialto Avenue allowing only ri&ht tum moments; Mitchatl A. Alderman XM 2013040022 Nky a-, 2013 Page 2 of 3 ■ Reconstruct "i" Street, south of the crossing to become a cul-de^sac with pedesorian pathway and hoeing to channel users to tic Rialto Avenue crosshW + ftioLove the traffic signals at the intersection of Rialto Avenue and 19 Street; ■ Remove the Commission! Standud 9 warning devices; ■ Install two new Commission Standard 9-. (firs * light signal assembly with waomstic gate arm and additional flashing light signals over the roadway on a cantilevered arm) warning devices in the northeast and southwest quadrants of the crossing for each Rialto Avenue approach; ■ Construct a new raised median 8 -inch in height, 4 -hot 3 -inches in width, and approxinnately 101 feet in length on the eastbound approach to the crossing; ■ Construct a new raised median 8 -inch in height, 44et 3-in6es in width, and approximutdy 157 feet in length on the westbound approach to the crossiung; ■ Install Commission Standard 9 pedewian gate warning devices in combinidon with swing gates at all four pedestrian sidewalk approaches to the cross* Install pedestrian channelization in the form of hand railing, and mesh fabric chain link fencing along right-of-way to prevent trespassing, as shown in plans; + Install Americans with Disabilities Act (ADA) compliant detectable, warning tactile ships for all pedestrian sidewalk approaches to the grassing; ■ Construct waipliant sidewalks on north and south approaches ofthe crossing; ■ Construct ewb. ramps, curb, gutter and ADA compliirm sidewalk landing on the '7" Stre,w1balto Avenue intersection and 'T' Street cul -do -me south of the cromms, as shown on plans; ■ Install pedestrian pathway through crossing on both sides; ■ Install illumination at die mmsaur,g; ■ Install concrete crossing panel surface for both tracks; and ■ Apply California Mannas on Uniform Traffic Control DOW,= (CA MUTCD) compliant signage and pavement markings, including W10-1 and W48 advance warming signs, Had R10-6 `STOP HERE ON RED', R6 -1R `ONE WAY', and R -28A (CA) 'NO PARKING Arty TIME' regulatory signage as shown in plans. ,rbe proposed now crossing identifncaflon number will be CPUC Crossing Number 101SO-57.12 and DOT Number 027206D. The Commission's hail Crossings Euginmmg Section (RCES) the request by SANBAO ad finds it miequately addresses compliance and safety. As SANBAO, City, SGRRA, and BNSF are in agreeament as to the design and apportionments of the cost under the provisions of GO 88.B. the improvements as described in your request letter dated April 23, 2013 and summarhmd above are authorized. Temporary ui dfic controls shall be provided in compliance with the CA MUTCD, published by the California Dep ubmt of TraWortation..All parties shall comply -Oh all applicable rules, including Commission General Orders ad CA MUTCD. Mitebetl A. Alderman XM 2013040M Mw 3, 2013 Page 3 an ibis project. is categorically exempt from the requirments of the CaMmia Environmental Quality Act of 1g70, as amended. jCalifomia Public Resotum Code 210841 This authorization shall expire if the above conditions are not complied with and the work is not completed wltltin three years of tate date of this letter. Upon written request to RCBS, the time to complete the project may be extended. Arty wftm request for a lime extension must include concurrence letters by involved parties is support of the time exter6on. If an extension is requested, ROES may reevaluate the crossing prior to granting an extension. Within 30 days afw completion of this project, SANBAG shall notify RCES that the authodwd wank is completed, by submitting a completed Conwiission Standard Form G title Report of c h=gw at Highway Grade t".-rossings and Separation. Form 0 requirements and forms can be obtained at the CPUC web site Form 0 page at W tAvww.cxWr L1P1 ]c•J� a Crossings. Ib ma. This report may be submitted electronic ay to v as outlined on the web page. At the conclusion of the project, BNSF should submit an updated IRA. inventory form to the t'edeaal Railroad Adminis;Qration, reflecting the changes. Commission requests a camcurreut copy of the updated inventory form be submitted to roeueca.gov. If you have any questions, please contact Bill Lay at 213-576.1399 or bll ft".oa gov. Sincxrely, Anton Ciera etia3l, P.B. Program and Project Supervisor Rail Crossings Engineering Swtion Safety and Et}f w4ment Division Q l+delvin Thomas, Public Project Manager, BNSF Naresh Patel, Public Projects Engineer, SORRA Robert G. Eisenbeisz, City Extgimr, City of San Bernardino Crerard Reminiskey, Senior Project Rnguteer, HDR SrAXE OF CALWORNA _ E0WHD Q aROwN Jai., aoWMW Pusuc trm mEs COttit &SSION WYLOsraa"x&Mae DW 2l zai2 aoa,weRMCAUM Aeoember 18, 2012 h iWhell X Aldeanan MDR Engineering, Inc. Pile Number: 0.12-12-001 Diro W of 7YanA and Rag Pmgrams San Bemardiaao Associated Govearnments 1170 W, 3d Streek P Flocr Sea Bim, CA 92410-1715 Second Street City of &a Bw=x1no, San Bernardino County Re: Gena Order 88-D Regtt W for Authority to Modify the Sectnd Shteet ]k,way Rail Crowasiaag, CPUC Crossing No. 002Y1-0.27 and DOT No. 027MP, im the G9ty of San ornardino, San Rmnardino Coanty. Dear Mr. Alderman: Ibis ref= to your loner, dated November 29, 2012, received by us on December 3, 2012, regoesUng anthodzd!on, pcustmcett to CalibMia Public Utilities CO M (Comnni$sion) Gfte rat Order (GO) 88-B, to modify the ex eft Setmnd Street &Wade a (cxossktg,) on the Radian& amich Subdivisi(m railroad tracks owned by San Bernardino Awodatod Ooverumarts (SANBAG) and opeaded by BNSF Railway Company (ANSF) in t% City of San BMW= (City}, SIM Deimtardino Co", identified as CPUC Crossing Number 002U-0.27 and DOT Number 027204P. Tho Second Street single track at -grade crossing is oum ady a divided roadway with four lanes, two lawes in, rach direction The caossing is equipped wA& two curb and two median mounted Ctmmmmon Standard 9 (flubs* li& WVd astamn* wi#.t mamedo state ami) waming devices. IU cxosft hmrprovement project is part of the proposed Southern California Regional Rail Av hoft (SORRA) Metrolink commuter eactensionproject f m the curroat tet nbm at ft Santa Fe Depot Station in the City of San Bwwdino w the proposed Transit C Casa in Dowutowt . City of San Bomardim SANBAG proposes tits fonowing alteirations to iho crossing as part of the Metrolink extension, protect w meet lite Service operator, SCRRA, standards: ■ %tall one additional mainline ,rook and realign the existing mewiune at 16-W traak ./�s ■ Relocate tits cngmg fbnr Commission Standard. 9 warmng devices; ■ C:omhuot a new raised median. 8 -in* in i 94A in width, and approximaftly lWfeet in length on the eastbound approach to the crossing; A+l Widl AWw" Dewaber 18.2012 Pap 2 af3 • conduct a new raised median &.inch irk heigb , 9 -feet in width, and approximately 100 -feat in length on the westbot M approach to the muising; ■ Install mon mrd 9 pedestrian gate warning devices in combination with swing gates at all four peaestriou sidewalk approwches to the = Install pedestrlan chantnelization in the foam of hand tum, and mesh fabric chain lick fig along right-of-way to pmev" trespassing, as shown in plans; _ WWI Americans wide Disabilities Act (ADA) compliant detectable warning tootile strips for all pedestrian sldevm& appmacbes to the wowing; ■ Constettot ADA compliant sidewalks on nor& ad south appsrowc-tae of tb z wossw& ■ Install pedestrian pathway ttt mgb crosasing on bogs $idea; ■ Relocate the existing power pole with stxaet lighting on the southeast quadrant of amssing; • Itrstall eonwate crossing panel suntee for both traft and Apply California M.aawd on Uniform Traffic Control Devices (CA MU M) compliant signage and pavement markings, ming W10-1 and W48 advance warning sIgM% and R3- 2 `NO Y.. Wr TURN,' and R-29 `No STOUP ANY 'i'1W regulavory sipAge as shown in plans - The proposed new crossing id on number will. be CPUC Crossing Number 101SO 5638 and DoT Number 027204P. The Commission's Rail CrosSIM F,pgOrmg Section (RM) investigated he request by SANBAO, and finds it adequately addresses complianoe and safety. As SANBAG, City, SCRRA, and BNSF are in agreer+nent as to tbs design and apportiwuoaents of the cost und" the pomisions of 00 8843, the improvemmu as described in your request lar ddal November 29, 2012 and summarized above are authorized. Tempowy traffic controls shall be p mkled in oomphanee with do CA MUTCD, published by the {df mk Department of Tmsportatiam. All patties shall comply width all applicable rules, imcluding Commission ural orders and CA MUTCD. This project is categorically exempt from rte requi o me nts of the California EnvoorunenUd qty Act of IM, as amend. [CalVmnia Public Rasou rces Code 210841 This authorization Shall expire if &e above oWitkm ars not complied with and the work is not oompleted within dime years of the date of this letter. Upon written request to RCFS, the tame to complete the project may be extended. Any written request for a time wdension must include concurrence letters by involved parties in Support of tine tame eatdnsM If an extensus is mpested, ROES may wevahmte the cawing prior to granting OU Mft=M. Within 30 days after completion of this prnjeM SANBAO sbratl Miff ROES first the andx ized wo* is completed, by SWxmiting a completed Commission Suwda d Form G We Aeport of Cjmga at , way Grade Crva bW and Sepa atkm Form 4 requirements and lbrms can be obtainer at the CPUC w sibs FOrrn 0 page at MiFca►eil Alderman G.1i 12-Wi DommbW 18,2012 P+te 3 of 3 /www qwc c Vtl'UCI�a#etv/Reil/ nna, This repot may be submitted elechvnically to m6w4nmgn as outlined on the web page. At the eonalusion of the pmject, SANBAO (or BNSF, as appropriate) should also submit an updated Federal Railroad Administration (FRA) luvatmy form to tic FRA, ne$ecdn d* d anges. Cpm requests a coamnrent copy of the updated inventory form be submitted to cp &D.; ". If you baw my qu im% please contactBill Lay at 21.3-576-1399 or P1i — gm sincea�y, rr II Anton G i abaia , P.B. Program and Project Supmrviscar Rail Crossbw Engibeeft Secduan Comsuma Pfoiecdon and Safety Division C: Melvin Thomas, Public Project Manage, BNSF Robert 13imtei, City &Win=, City of San Bmardino Naresh Patel, Amisiaaot Aimctor of Standards and Designs SCRRA OmA Remid*ey, Sem Pmjeot Mau W. HDR Egg Ire. SED/EJH/PWK/DAR/AGG/SAL/vdl Date of Issuance 9/6/2013 Decision 13409-013 September 5, 2013 BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA Application of the San Bernardino Associated Governments, acting as the County Transportation Commission, for authority to construct pedestrian Application 13-04-015 crossings at two passenger rail stations and to (Filed April 22, 2013) modify an existing at -grade railroad crossing at South "G" Street on the SCRRA San Gabriel Subdivision in the City of San Bernardino. DECISION GRANTING AUTHORIZATION TO THE SAN BERNARDINO ASSOCIATED GOVERNMENTS TO CONSTRUCT PEDESTRIAN AT -GRADE CROSSINGS AT TWO PASSENGER RAIL STATIONS AND MODIFY THE EXISTING AT -GRADE RAILROAD CROSSING AT SOUTH "G" STREET IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO Summary This decision grants the San Bernardino Associated Governments authorization to construct one new pedestrian grade -separated rail crossing and two new at -grade pedestrian emergency crossings at the Santa Fe Depot Station; one new at -grade pedestrian crossing at the proposed San Bernardino Transit Center in Downtown San Bernardino; and modify the existing South "G" Street at -grade crossing on the Southern California Regional Rail Authority San Gabriel Subdivision railroad tracks in the City of San Bernardino, San Bernardino County. This decision also grants its request for authority to revise the current South "G" Street CPUC Crossing number from "002U" to "101SG" prefix, to reflect the change from BNSF 767515M - 1 - A.13-04-015 SED/EJH/PWK/DAR/AGG/SAL/vdl Railway Company's Redlands Subdivision to Southern California Regional Rail. Authority San Gabriel Subdivision tracks. The proposed and existing crossings are to be identified as: • New pedestrian grade -separated crossing at Santa Fe Depot Station - California Public Utilities Commission (CPUC) Crossing No. 101St 56.50 -AD and United States Department of Transportation (DOT) No. 945412Y; ■ New at -grade pedestrian emergency crossing located west of Santa Fe Depot Station - CPUC Crossing No. 101SG-56.43 D and DOT No. 945411S; a New at -grade pedestrian emergency crossing located east of Santa Fe Depot Station - CPUC Crossing No. 101SG-56.63-D and DOT No. 945412F; ■ New at -grade pedestrian crossing at San Bernardino Transit Center - CPUC Crossing No.101SG-57.48-D and DOT No. 945414M; and • South "G" Street - CPUC Crossing No.101SG-57.41 and DOT No. 0272085. Discussion The San Bernardino Associated Governments (SANBAG), acting as the San Bernardino County Transportation Commission, as part of its Downtown San Bernardino Passenger Rail Project, is proposing to extend Southern California Regional Rail Authority (SORRA) Metrolink commuter rail service from the current terminus at the Santa Fe Depot Station to the proposed San Bernardino Transit Center in downtown, both in the City of San Bernardino. Metrolink will implement the extension of commuter service along an existing rail corridor - 2 - A.13-04-015 SED/EJH/PWK/DAR/AGG/SAL/vdl acquired by SANBAG specifically to initiate passenger service. The line currently hosts freight service by BNSF Railway Company (BNSF). As part of the rail extension, SANBAG requests authority to construct one new pedestrian grade -separated crossing and two new at -grade pedestrian emergency crossings at the Santa Fe Depot Station; one new at -grade pedestrian crossing at the proposed San Bernardino Transit Center; modify South "G" Street to include two additional tracks; and revise the current South "G" Street crossing CPUC Cxossing number prefix from "002U" to "101St" to reflect the change from BNSF's Redlands Subdivision to SCRRA's San Gabriel Subdivision tracks. The first mile of BNSF Redlands Branch will become an extension of SCRRA's San Gabriel Subdivision railroad tracks. The new rail extension will host passenger service, to be operated by SORRA, the operators of the Metrolink commuter rail system in Southern California. SCRRA will operate approximately 38 passenger trains per day at a maximum speed of 79 MPH and BNSF will continue to operate 12 freight trains per day at approximately 55 MPH on this track. The CPUC Safety and Enforcement Division -Rail Crossings Engineering Section (RCES) staff participated in field diagnostic review meetings with SANBAG and Metrolink personnel. SANBAG proposes to extend the tracks of the SCRRA San Gabriel Subdivision by constructing two new main tracks and two new platforms at the Santa Fe Depot Station: Platform A and Platform B. The two new platforms will be linked by a new pedestrian overhead bridge. The new overhead bridge will provide pedestrians safe access to the Metrolink and Amtrak platforms. Access to the pedestrian overhead bridge will be provided by an elevator and stairwell. - 3 - A.13-04-015 SED/EJH/PWK/DAR/AGG/SAL/vdl The pedestrian overhead bridge design and construction will conform to all Americans with Disabilities Act (ADA) requirements. The vertical and horizontal clearances between the railroad track and the pedestrian bridge structure comply with the requirements specified in CPUC General Order 26-D, Regulations Governing Clearances on Railroads and Street Railroads, and the SANBAG Design Criteria Manual. The proposed Santa Fe Depot pedestrian overhead bridge will eliminate five existing at -grade pedestrian crossings within the Santa Fe Depot Station area, between mileposts 56.50 and 56.63. Under current passenger boarding conditions, Amtrak patrons gain access to the existing top -of -tie level asphalt platform, adjacent to BNSF Main Track 3, through the use of portable step stools and a portable wheel chair lift. The new Santa Fe Depot Station design will improve the Amtrak passenger access by providing elevated platforms. Amtrak passengers will gain access to Platform "A" by use of the new pedestrian overhead bridge. Metrolink passengers at the Santa Fe Depot will board trains from either Platform "A" or "B"; however, the primary boarding platform for Metrolink trains would be Platform "B," which will be directly adjacent to the Santa Fe Depot. The two Santa Fe Depot Station's pedestrian emergency -use at -grade crossings will include locked 4.5 feet high sliding gates provided in line with the inter -track fence. The emergency crossing will consist of. • Installing locked double swing gates at both ends of Platform "A" crossings entrances; Installing ADA walkway approaches to crossing; -4- A.13-04-015 SED/E)H/PWK/DAR/AGG/SAL/vdl ■ Installing ADA compliant detectable warning tactile strips at all pedestrian sidewalk approaches to the crossing; . Installing precast concrete panel crossing surface; * Installing cast -in-place concrete pedestrian pathway connecting the crossing panels to the Platforms A and B; Installing a locked double swing gate with signage at the south end of for the west crossing leading away from the station; and • Installing a locked gate with signage at the south end of the east crossing near the station parking lot. The Santa Fe Depot Station's emergency crossings pedestrians' movement is governed by SCRRA's standard operating procedure, which includes General Code of Operating Rules (GCOR) Sections 6.32.2 and 6.32.9. GCOR requires operators to operate trains at restricted speed when notified that emergency crossings are in use. Train speed will be restricted to allow trains to stop within half the range of vision short of the emergency crossing location. The GCOR states that movement at restricted speed must not exceed 20 MPH, which will be the maximum authorized rail track speed within the Santa Fe Depot Station area. SANBAG will construct a second station at the San Bernardino Transit Center located west of South "E" Street and South of West Rialto Avenue. SANBAG proposes to construct a new at -grade pedestrian crossing at the west end of San Bernardino Transit Center Station that will cross four tracks. The station will serve as the terminus to the rail extension service. The crossing construction will consist of. * Installing precast concrete panel crossing surface; o Installing cast -in-place concrete pedestrian pathway connecting the crossing panels to the platforms; - 5 - A.1349-015 SED/EJH/PWK/DAR/AGG/SAL/vdl • Installing one CPUC Standard 9 warning device at each platform entrance to the crossing; ■ Installing one push -to -open swing gate adjoining the location of each Commission Standard 9 gate arm, to create a point of emergency egress when the gates are in the down position; • Installing pedestrian channelization in the form of edge fencing along the pedestrian crossing approaches as shown in plans; ■ Installing inter -track fence of welded -wire construction on either side of the crossing to preclude pedestrian circumvention of warning devices; • Installing ADA compliant detectable warning tactile strips at all pedestrian pathway approaches to the crossing; • Constructing ADA compliant sidewalks on both sides of the crossing; and • Applying California Manual on Uniform Traffic Control Devices (CA MUTCD) compliant signage including R15-8 "LOOK," "PULL GATE TO OPEN," "EMT ONLY," and "PUSH GATE TO OPEN" signs as shown in plans. South "G" Street crosses over a single track and is equipped with two curb -mounted CPUC Standard 9-A (flashing light signal assembly with automatic gate arm and additional flashing light signals over the roadway on a cantilevered arm) warning devices, pavement markings and advanced warning signage. Proposed alterations to the crossing will consist of: • Installing one additional main line track; • Installing one additional yard lead track; • Realigning the existing main line track; -6- A.134)4 -M5 SED/EJH/PWK/DAR/AGG/SAL/vdl • Installing one new Commission Standard 9-A warning device for each crossing approach; • Installing four Commission Standard 9 (flashing light signal assembly with automatic gate arm) pedestrian gate warning devices in combination with swing gates at all pedestrian sidewalk approaches to the crossing; • Installing pedestrian channehzation in the form of hand railing along the pedestrian crossing approaches and fencing along the right-of-way to prevent trespassing, as shown in plans; • Installing ADA compliant detectable warning tactile strips at all pedestrian sidewalk approaches to the crossing; • Constructing ADA compliant sidewalks on both sides of the crossing; • Installing concrete crossing panel surface for all tracks; • Installing concrete raised medians for both approaches; and; • Applying CA MUTCD compliant signage including W10-1, W48, R15-8 'LOOK,' R28 (CA) "NO PARIQNG ANYT M E," and "R)W pavement markings as shown in plans. Environmental Review and CEQA Compliance The California Environmental Quality Act of 1970 (CEQA), as amended, Public Resources Code Section 21000 et seq.) applies to discretionary projects to be carried out or approved by public agencies. A basic purpose of CEQA is to inform governmental decision -makers and the public about potential, significant environmental effects of the proposed activities. Since the project is subject to CEQA and the Commission must issue a discretionary decision in order for the project to proceed (i.e., the Commission has the exclusive authority to approve - 7 - A.13-04-015 SED/EJH/PWK/DAR/AGG/SAL/vdl the project pursuant to Section 1202 of the Public Utilities Code), the Commission must consider the environmental consequences of the project by acting as either a lead or responsible agency under CEQA. The lead agency is either the public agency that carries out the project,' or the one with the greatest responsibility for supervising or approving the project as a whole? SANBAG is the lead agency for the Downtown San Bernardino Passenger Rail Project and proposes to construct one new pedestrian grade - separated rail crossing, two new at -grade pedestrian emergency crossings, one new at -grade pedestrian crossing, and modify the South "G" Street at -grade crossing. The Commission is a responsible agency under CEQA because it will be issuing a permit for a portion of the project. As a responsible agency under CEQA, the Commission must consider the lead agency's environmental documents and findings before acting on or approving this project.3 As a responsible agency, the Commission must make findings regarding each significant effect of the project components under its jurisdiction, such findings shall include relevant mitigation measures 4 Pursuant to CEQA, SANBAG prepared an environmental document titled Downtown San Bernardino Passenger Rail Project Environmental Impact Report (EIR), which identifies environmental impacts and associated mitigation measures related to the Downtown San Bernardino Passenger Rail Project. Per CEQA, a 1 CEQA Guidelines (Title 14 of the California Code of Regulations), Section 15051(a). 2 CEQA Guidelines (Title 14 of the California Code of Regulations), Section 15051(b). 3 CEQA Guidelines, Sections 15050(b) and 150%. 4 CEQA Guideline Section 15096(g). 99M A.13404-015 SED/EJH/PWK/DAR/AGG/SAL/vdl Revised Environmental Assessment, dated August 2012, was also completed to determine if an Environmental Impact Statement (EIS) was necessary. It was prepared in accordance with requirements of the Federal Transit Administration and the National Environmental Policy Act (NEPA) 5. In addition, under CEQA SANBAG filed a Notice of Determination (NOD) on April 22, 2013. The NOD states that 1) the project will have a significant effect on the environment; 2) an EIR was prepared for this project pursuant to the provisions of CEQA; 3) Mitigation measures were made a condition of the approval of the project, 4) a Mitigation Monitoring and Reporting Plan (M MRP) was adopted for this project; 5) a Statement of Overriding Considerations was adopted for this project; and 6) Findings were made pursuant to the provisions of CEQA. In the Final Environmental Impact Report (FEIR), findings indicate the parts of the proposed project that are under the Commission's jurisdiction there is the potential impacts of permanent increases in ambient noise levels in the project area. However, the effects would be reduced to less -than -significant levels with the implementation of the identified mitigation measures. Specifically SANBAG adopted a M]MRP, as a condition for the project, which requires the establishment of a "quiet zone,' via supplemental safety measures, for the at -grade crossings at 2nd Street, Rialto Avenue/I Street, and G Street The CPUC reviewed and considered the FEIR, NOD and MMRP and finds the documents adequate for our decision-making purposes. 5 42 USC 4332 (2)(c) of 1969 as amended. Projects undertaken in California that utilize federal funds, require discretionary federal approval, or are undertaken by federal agencies are subject to both NEPA and CEQA. A.13-04-015 SED/EJH/PWK/DAR/AGG/SAL/vdl Filing Requirements and Staff Recommendation The application is in compliance with the CPUCs filing requirements, including Rule 3.7 of Rules of Practice and Procedure, which relates to the construction of a public highway across a railroad. The CPUCs Safety and Enforcement Division - Rail Crossings Engineering Section has inspected the site of the proposed crossings, reviewed and analyzed the plans submitted with the application, and recommends that the requested authority to construct and modify the subject crossings be granted for a period of three years. Categorization and Need for Hearings In Resolution ALJ 176-3314, dated May 9, 2013, and published in the Commission Daily Calendar on May 10, 2013, the Commission preliminarily categorized this application as ratesetting, and preliminarily determined that hearings were not necessary. No protests have been received. Given these developments, it is not necessary to disturb the preliminary determinations. Waiver of Comment Period This is an uncontested matter in which the decision grants the relief requested. Accordingly, pursuant to Section 311(g)(2) of the Public Utilities Code and Rule 14.6(c)(2) of the CPUCs Rules of Practice and Procedure, the otherwise applicable 30 -day period for public review and comment is waived. Assignment of Proceeding Emory J. Hagan, III is the assigned Examiner in this proceeding. Findings of Fact 1. Notice of the application was published in the Commission's Daily Calendar on April 24, 2013. There are no unresolved matters or protests. A public hearing is not necessary. - 10 - A.13-04-015 SED/EJH/PWK/DAR/AGG/SAL/vdl 2. SANBAG requests authority, under Public Utilities Code Sections 1201- 1205, to construct one pedestrian grade -separated crossing and two pedestrian at -grade emergency crossings at the Santa Fe Depot Station; one pedestrian at - grade crossing at the proposed San. Bernardino Transit Center; modify the existing at -grade crossing of South "G" Street; and to revise the current CPUC number from "002U" to "101SG" prefix to reflect the change from BNSF's Redlands Subdivision to Metrolink's San Gabriel Subdivision tracks, in the City of San Bernardino, San Bernardino County. 3. Metrolink will operate approximately 38 passenger trains per day at a maximum speed of 79 MPH and BNSF will operate 12 freight trains per day at approximately 55 MPH over the newly designated San Gabriel Subdivision railroad tracks. 4. SANBAG is the lead agency for this project under CEQA, as amended. 5. SANBAG prepared an EA/DEIR for this project and approved a NOD for the Project on September 5, 2012. 6. The CPUC is a responsible agency for this project and has reviewed and considered the lead agency's FOR, including NOD and the MM RP. 7. Pursuant to the FEIR, the parts of the proposed project that are under the Commission's jurisdiction may create permanent increases in ambient noise levels in the project area. However, the effects would be reduced to less -than -significant levels with the establishment of a "quiet zone," via supplemental safety measures, for the at -grade crossings at 2nd Street, Rialto Avenue/ I Street, and G Street 8. With the required mitigation measures the project will not have a significant effect on the environment - 11 - A.13404-015 SED/EJH/PWK/DAR/AGG/SAL/vdl Conclusions of Law 1. The NOD, NIMRP and FEER prepared by the SANBAG are adequate for our decision-making purposes. 2. The NOD and NBd RP were completed in compliance with CEQA. 3. The application is uncontested and a public hearing is not necessary. 4. The application should be granted as set forth in the following order. ORDER IT IS ORDERED that: 1. The San Bernardino Associated Governments is authorized to construct one new pedestrian grade -separated rail crossing and two new at - grade pedestrian emergency crossings at the Santa Fe Depot Station; one at- grade tgrade pedestrian crossing at the proposed San Bernardino Transit Center, and modify the at -grade crossing of South "G" Street and revise the current California Public Utilities Commission crossing number from "002U" to "101SG" prefix to reflect the change from BNSF Railway Company's Redlands Subdivision to Southern California Regional Rail Authority's San Gabriel Subdivision tracks in the City of San Bernardino, San Bernardino County. 2. The proposed crossings shall be identified as: • New pedestrian grade -separated rail crossing at Santa Fe Depot Station - California Public Utilities Commission Crossing No. 101SG-56.50-AD and United States Department of Transportation No. 9454M; • New at -grade pedestrian emergency crossing located at the west end of the Santa Fe Depot Station - California Public Utilities - 12 - A.134)"15 SED/E]H/PWK/DAR/AGG/SAL/vdl Commission Crossing No.101SG-56.43-D and Unified States Department of Transportation No. 945411S; • New at -grade pedestrian emergency crossing located at the east end of the Santa Fe Depot Station - California Public Utilities Commission Crossing No.101SG-M.63-D and United States Department of Transportation No. 945412F; New at -grade pedestrian crossing at San Bernardino Transit Center - California Public Utilities Commission Crossing No.101SG-57.48- D and United States Department of Transportation No. 945414M. 0 South "G" Street - California Public Utilities Commission Crossing No. 101SG 57.41 and Unified States Department of Transportation 3. The new pedestrian at -grade crossings and modifications to the existing at- grade t grade rail -crossing shall have the crossing treatments and configuration described above and specified in the application and attachments. 4. San Bernardino Associated Governments shall comply with all applicable rules, including California Public Utilities Commission General Orders, the United States Department of Transportation's Americans with Disabilities Act Standards for Transportation Facilities and the California Manual on Uniform Traffic Control Devices. 5. San Bernardino Associated Governments shall notify the California Public Utilities Commission's Safety and Enforcement Division - Rail Crossing Engineering Section at least five business days prior to opening the crossings. Notification shall be made to rcesQchuc.ca.00v. - 13 - A.13-04-0 5 SED/WH/PWK/DAR/AGG/SAL/vdl 6. Within 30 days after completion of the work under this order, San Bernardino Associated Governments shall notify the California Public Utilities Commission's Safety and Enforcement Division - Rail Crossings Engineering Section in writing, by submitting a completed California Public Utilities Commission Standard Form G (Report of Changes at Highway Grade Crossings and Separations), of the completion of the authorized work Form G requirements and forms can be obtained at the California Public Utilities Commission web site Form G page at http;11www.cpuc.ca.g_ov/ PUC, j safe!X / Rail1 Cross' sum,/formg. This report may be submitted electronically to rcespcpuc.ca.gov as outlined on the web page. 7. Within 30 days after completion of the work under this order, San Bernardino Associated Governments shall notify the Federal Railroad Administration of the existence of the crossing by submitting a U.S.DOT CROSSING INVENTORY FORM, form FRA F6180.71. A copy shall be provided concurrently to the California Public Utilities Commission's Safety and Enforcement Division - Rail Crossings Engineering Section This copy of the form may be submitted electronically to rtes c uc.ca. ov. 8. This authorization shall expire if not exercised within three years, unless time is extended or if the above conditions are not satisfied. The California Public Utilities Commission may revoke or modify this authorization if public convenience, necessity, or safety so require. 9. A request for extension of the three-year authorization period shall be submitted to the California Public Utilities Commission's Safety and Enforcement Division - Rail Crossings Engineering Section at least 30 days -14- A.13-04-015 SED/EJH/PWK/DAR/AGG/SAL/vdl before its expiration A copy of the extension request shall be sent to all interested parties. 10. The application is granted as set forth above. 11. Application 13-04-015 is closed. This order becomes effective 30 days from today. Dated September 5, 2013, at San Francisco, California. MICHAEL R. PEEVEY President CATHERINE J.K. SANDOVAL MARK J. FERRON CARLA J. PEI RMAN Commissioners Commissioner Michel Peter Florio, being necessarily absent, did not participate. MWE Fx ibil B — Proposed Crossing Improvements ..J I ' F7N 1 YG� �a jf� rJ�-Zif�1'R[4FS A4 14 X6 It 51 ivmcw ��nw•+ w�'+v'`wwr !F POPrill E C ass r d 3 1s; eW w � �i` La X V9 ! a �i 049 ,I' r 'lilt, a 1111 11 ' 1] Ilia jt �!-;; , : -, o -- e® Ba If 4 1. wo A i :I" j l; 'rte I; 2%I (Doe li, A uh. i � IN Ti f lit 0 W n 0 T' L�= W 7U • `.� y Iiii l i,i � .I '.i'i o 1 � 4;: Ilij _I��I �I►I i i I:II IIIIkMR ! !i! lt•1 Pl ' I , ! 1 ._I. �.,L. ! jili 11 I` I f;li Illi ori! 7 k_ Iii' illi I! j fill i • �a 1 � I.1' i . ! � l ' ' T_. -f: 7� as , I l t Ti I 'l E IIF 111! 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M, his•23 Wwhm iwLDC2dS2L FORM FRA F 6180.71 (Rev. 3AS) OMB oppmel expires 3/32/2018 Pap 2 OF 2 EXHIBIT D Cover Sheet for the Notice of New Quiet Zone Establishment for Amendment No. 2 to the CONSTRUCTION AND MAINTENANCE AGREEMENT FOR REDLANDS SUBDIVISION RFIRST MILE' TRACK CONSTRUCTION AND INLAND EMPIRE MAINTENANCE FACILITY Cuy of San B=udino Grade 0miog Mainwna m AMENDMENT No. 2 San Qabnd Subibmw SCRRA FILE 00006338 pan Bernardino orstorft ft lAm*WK?AftCftWmW November 28.2017 Assadele Administrator for Railroad Salcey Federal Railroad Administra*m 1200 Naw Jersey Average, NII Stop 25 Washington, D.C. 20590 Sut4aCt: Notice of New Quiet Zane EstabNshment in San Bernardino, CA Southern Caldomia Rq$wal Raft Auft* (SCRRA) Between San Gabriel Wbd Olslwr NOS Post (MP) 56.5 and MP 57.7 Quiet Zone Name: San Bernardino Quiet Zone Dear Sir or Modern, Notice is hereby provided that the City of San Bemard&ro. Caifornfa (City) will establish a new 244mw quiet sone In amrdance with the regulmmy pmvk*m contained In Title 49 of the Code of Fedwal Regulations (CFR) Part 222 -Ilse of L000motnre Dans at PuM bray-" Grade Crossings. By this Notice. the routine wmrw V of tnain home will be restricted within the subject Quiet Zone effective 12:01 a.m. Monday. January 15.2018. The City, acting as the entity exwdsinp jurisdiction Duet' vehicular traffic at grade casings within the subject Quiet Zone. hereby provides oft Notice of Establishment (Nobe) in aordormance with 49 CFR § 222.4Xa)(3) bo all railroads operating ow the pubes hVwjay-raft grade crossbW VAthin the subject Quiet Zone and 10 the Stale agency responses for grade crossing safety (Parties). A listing of Parrs is provided herewith as Exhibit A. The follawt sections WnVdse the =* mW of this Nok a as required by a portions of 49 CFR § 222-43(d)(2j, Rwpikad C&*LnW Se1• List of Cr Ines The subject Quiet Zone vrlll be in effect at feu (4) highway/public; street at -grade crossings as fisted in Tam 1, which fists each crossing's US fDeparbnentofTMnSP rtat[on (USDOT) National Highway -Rall tirade Crosaft inventory Number (USfDOT No.) and Caifomia Public unties Commission (CPUC) Crossing Number (CPUC No.). These crossings are located on the SCRRA San Gabriel Subdivision provided herein per 49 CFR § 222.43(dX2)Ei). Table 1 - List of Pubic Crossings wf the San Bernardino Quiet Zone Post I Street Name A U5001 lurowng Pio. w-M.w MU. 4 I W. Third Street I 0272x1 U _ _ 0021.1 0.10 City of San Bwnardmo, CaliFornia Quirt Zone, Notice of Esq November 28, 2017 PRIOR 2 57.13W. Rialto Averse 0272WO _ T 101 SG -57.13 57.41 S. W. Sires- 0272085 _ 101SG-67.41 The folkvMrrg Railroads currently operate over the crossings inclined in the subject Quiet Zone: • Southern California Regional Rd Authority (SCA)O • BNSF Rallway Company (BW) � i n• f: • l iUiii� !�1 !l..! � ��/�f.�. llc i� 11.4�. !�i� "r�;i;'^ _!lie In corfomence with 49 CFR § 222.43(dx2)( ), the City hereby noli ies all Pars that it is asWbWwV the subject Quiet Zone under the provisions of 49 CFR § 222.39(ax 1), Purbfc Aerthor9y Dedgmtlon, whereby a Suppternental Safety Measure (SSM) was impiemensed at everyhighway-mil grade crossing within the Quiet Zone. Spec ft SSW implemented at each crossk g are summarized in Table 2. Tablet -SUPPbowntill Sawy measwee (fie) nied wiMdn UnSm eerpardino Quid zone .... .......... Mile Post Street Name L*WT Crossing No. Authorized SSM 56.84 W. Thiro Street 027201u Permanent Closure 56.98 W. Second Street 027204P _ Non -Traversable Medians 57.12 W. Rialto Avenue 027206D Non -Traversable Meds _ 57.41 S. "G" Street 027208S Non -Traversable Medians SeG ton 3: Timms As required by 49 CFR § 222.43(dx2XIv), the City hereby no-ifies all Parties that the subod Quiet Zane will be in effect 24 homes per day, seven days per week, during which time the routine sounding of loc ornotme, hams will be restricted as prescribed by CFR Part 222. Said restrictions will commence effective at 12:01 a.m. on Monday, January 15, 2018. Segft 4. Grade Crossinggip / — Before SSM Inn 111 ft Grade Crossing inventory Forms reflecft the existing dons at each crossing listed In Section 1 prior to implementation of SSMs are included herein as End" B to this Notice in conformance with 49 CFR § 222.43(dX2xv). Section 5• Grade Crosft brit — After SSM bm o—ko dOw Grade Crossing Inventory Fors reflecting the conditions at each crossing listed in Section 1 upon establishment are included herein as Exhibit C to ptda Notice kr confommanee with 49 CFR § 222.43(dx2xvi). Supplemental Safety Measures implemented within the subject Quiet Zone are described in Table 2. City of San Bern, Calliomis Quid Zone Notes of Estahlishmerd November X 2017 Page 3 The City hereby affirms, in accordance with 49 CFR § 222.43(dx2xv1J that N issued a Notice of Intent in accordance with 49 CFR § 222.43(b) on Judy 27, 2016. No comments were recelved from the Parties who were provided with the Notice of Intent. c . . . . ul'.1'= The point of contact for the City in matleis pertaining to the subject Quiet Zone is provided as follows in conformance with 49 CFR § 222.43(dX2xix): Saba Engineer P.E. Acting Deputy Pubic Works Director I City Engineer City of San Bernardino 280 North aW Street San Bernardino, CA 92401 Ernad address: Eng'srees Sa@sbdh+•re9 Section 8• t3istribution A bt of the nares and addresses of each party that is notified to accordance with 49 CFR § 222.43(ax3) and 49 CFR § 222.43(dX2Xx) Is proved lhh wxk h as Exhibit A to this Notice. f -.Nt.! L - _Jif Ji..�_. L •' tS .S7, ,"T, "- oJII,�,� I henry rertlly shad that responsible officers of the CNy of San Bernardino, of which 1 am the City Manager, have reviewed the irdornnation submitted herein suftent to make an informed decision regarding the advisability of ung the subject Quiet Zone. l further certify that the ink main presented here M h and comprising this Notice is accurate and complete to fie best of my knowledge and belief. Ski X-1 9 1 J I "I Arhdrea M. Miler, ity Mares Fit A. Disbibution last Exhibit B: Grade Crossing Inventory Forms — Before SSM Implementation Exhibit C: Grade Crossing Invenhxy Forms — After SSM hnple rmniation EXHIBIT E Cover Sheet for the SCRRA Quiet Zone Implementation Guidelines and Procedures for Amendment No. 2 to the CONSTRUCTION AND MAINTENANCE AGREEMENT FOR REDLANDS SUBDIVISION 'FIRST MILE" TRACK CONSTRUCTION .' f� INLAND EMPIRE MAINTENANCE FACILITY 0ty ofSw BwrAAino Grade CwWM Mama== AMENDMENT No_ 2 Sm Gabrid SobdivMm SCRRA FILE G0000338 M�i"tQS�rtr�Nt� llaphmn 0ANkenk. R_ngaml W -i or"W vA,. SCRRA Quiet Zane Implementation Guidelines and Procedures SCRRA Quiet Zone Implementation Guidelines and Procedures Exhibit "A" 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 Harms at Public Highway -Rail Grade Crossings!, for the creation of quiet zones. The Final Rule is available on FRA's web site at hW:1?www fra.dot.govlPage1P0105 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(x).] f. Pubic 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. SCRRA page 1 February 2013 SCRRA Quiet Zone Implementation Guidelines and Procedures b. Obtain prior FRA approval of the use of Engineering Alternate Safety Measures (ASMs) and modified Supplemental Safety Measures (SSMs). The public authority shall obtain FRA approval of the use of Non -Engineering ASMs 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 pubic 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 [CPUCD 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 andfor 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. e. Execute Construction and Maintenance (C&M) Agreements prepared and submitted by SCRRA for quiet zone improvements including railroad construction. f. 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 pubic 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 -mi 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 pubic authority shall reimburse SCRRA for any additional costs associated with said improvements. SCRRA Page 2 February 2013 iM AER tClr g_1 N tom. 0-01.N.. c.aru.w rrw,a,,.w MA SCRRA Qum Zone implementation Guidelines and Procedures 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'J and 5 years after the date of the quiet zone establishment notice, and between 4% 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 pubic, private and pedestrian crossing within the proposed quiet zone, between 21A and 3 years after the date of the proposed quiet zone establishment notice, and between 2'A 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 SORRA 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, c ornments and approval. This Preliminary Design will form a basis for diagnostic team evaluation meetings. Pubic authority shag submit the following information and forms to SCRRA with the Preliminary Design: An accurate, complete and current U.S. DOT National Highway -Rai Grade Crossing Inventory Form, FRA Form No. F6180.71. This form is available of FRA's web site at ht 1safetvdata fro dot acv/OfficeofSafety ublicsite/FoSCRRA 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 ASM's) are proposed to be Implemented at each pubic 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 an affected jurisdictions. SCRRA Page 3 February 2013 [p.mw,n C.�NIw.Ju R�Jk—J [tai A ks—y SCRRA Quiet Zone Implementation Guidelines and Procedures 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 Pe 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 SORRA, 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 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) SCRRA Page 4 February 2013 M �'li'IZ Q fL_ f N tG. l "dh—=Mir—." Itoplwe! f8H MW.way SCRRA Quiet Zone implementation Guidelines and Procedures • Temporary Right -of -Entry agreement (SCRRA Form No. 6), • Rules and Requirements for Construction on Railroad Property (SCRRA Form No. 3n, • 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 andlor modifications to any active highway -rail grade crossing warning system necessary for the implementation of the proposed quiet zone as per terns 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. 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 ('LACMTA'), Ventura County Transportation Commission (°VCTC', Orange County Transportation Authority ('OCTA°}, San Bernardino Associated - Governments ("SANBAG°), and Riverside County Transportation Commission rRCTC")], Operating Railroads ["Operating Railroads" means any passenger or freight related railroad 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, foss, 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. SCRRA Page 5 February 2013 h4ETR' U31 SCRRA Quiet Zone Implementation Guidelines and Procedures b. PUBLIC AUTHORITY EXPRESSLY UNDERSTANDS AND ACKNOWLEDGES THAT BY ESTABLISHING A QUIET ZONE IT IS DIRECTING ALL RAILROADS OPERATING W17141H 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). 2.10 SCRRA Contact Submit all written communications related to proposed quiet zones to the following at SCRRA: Ms. Patricia Watkins Assistant Director, Public Projects Southern California Regional Rail Authority 279 E. Arrow Highway, Suite 101 San Dimas, CA 91773 Phone: (909) 592-7937 E-mail:aRl9scxrra.net 3.0 SCRRA RESPONSIBILITIES a. SCRRA shall review Preliminary and Final Designs submitted by public authority at Me 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 railroad 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 SCRRA Page 6 Febmary 2013 6-0- trot --W Iw AWh-rY SCRRA Quiet Zone Implementation Guidelines and Procedures 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 Mater. SCRRA Page 7 February 2013 SORRA Quiet Zone Implementation Guidelines and Procedures Notice of intent Exhibit "B" t§i(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 -Rai 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. (.e., 24 -hours or from 10 p.m. until 7 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 perm 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 railroad and State agency do not have any comments on the Notice of Intent (`no -comment statements".) Disclahner: This summary of the final rite is for infoundon purposes only. etitles aaect W the final nile should refer to the nde text as published in the Federal Register. Should any portion of this mmmary conflict with the final nds, the language of the FhW Rule shall govern. SCRRA Page 8 February 2013 ME74'R 1-1"1C. SCRRA Quiet Zone Implementation Guidelines and Procedures Notice of Quiet Zone Establishment Exhibit "C" (§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 affrrrrring 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)C7• 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)(t), 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)(11), SSMs were implemented as some crossings in the New Quiet Zone or New Partial Quiet Zone to bring the QZRI to a levet 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. SORRA Page 9 February 2013 aeun....o CNH—." ltd ^on—" SCRRA Quiet Zone Implementation Guidelines and Procedures d. A statement of the time period within which restriction on the routine sounding of the locomotive horn will be unposed. (i.e., 24 -hours or from 10 p.m. until 7 a.m.). 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. f. 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 pubic authority was required to file a Notice of Intent in accordance with §222.43(a)(i), the Notice of Quiet Zone Establishment shall contain a written statement affirniing that the Notice of Intent was provided in accordance with §222A3(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 maw less than 60 days before mailing the Notice of Quiet Zone Establishment, the Notice of Wet Zone Establishment shall also contain a written statement affirming that they received written comments and/or 'no commerrC 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)(0). L 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 §222A3(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 nrle and the manner in which that person can be contacted. k. A fist 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. Disdai nen; This summary of the final rale is for &dionnatim purposes ardy. Entities subject to the final rule shocdd refer to the rite W as published in to Federal Regis w Should any portion of this summary corAd wkh bre ural rote, the language of the Final Rule shag govern SORRA Page 10 February 2013 Resolution No. 2018-285 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2018-285 adopted at a regular meeting held at the 7t' day of November 2018 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ BARRIOS X VALDIVIA SHORETT x NICKEL RICHARD MULVIHILL — WITNESS my hand and official seal of the City of San Bernardino this 7h day of November 2018. Georgeann Hanna, CMC, City Clerk