HomeMy WebLinkAboutContracts & Agreements_16-2015_CCv0001.pdf Contract No. 15-1001047
CONTRACT NO. 15-1.001047
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION,
AND THE CITY OF REDLANDS,
FOR THE REDLANDS PASSENGER RAIL PROJECT
This Memorandum of Understanding ("MOU") is made and entered into by and between
the San Bernardino County Transportation Commission ("SANBAG"), the City of
Redlands ("CITY"). (SANBAG and CITY are each a"Party" and collectively "Parties").
The Effective Date of this AGREEMENT shall be the date upon which SANBAG
executes this AGREEMENT.
RECITALS
WHEREAS, SANBAG owns and is responsible for the maintenance on the
Redlands Subdivision railroad right-of-way between San Bernardino and Redlands
("ROW"); and
WHEREAS, a portion of the ROW is presently being used for operation of freight
trains by the Burlington Northern Santa Fe Railway Company ("BNSF"); and
WHEREAS, SANBAG desires to implement the Redlands Passenger Rail Project
("PROJECT")within and along the ROW; and
WHEREAS, the PROJECT includes improvements located within the ROW
("IMPROVEMENTS") and ancillary facilities such as stations and parking facilities
located on property adjoining the ROW ("FACILITIES"); and
WHEREAS, the implementation and operation of the PROJECT is governed by
United States Code, Title 49 — TRANSPORTATION SUBTITLE IV — INTERSTATE
TRANSPORTATION, PART A — RAIL, CHAPTER 105 — JURISDICTION, Section
10501 —General jurisdiction; and
WHEREAS, the PROJECT is included in the approved SANBAG Measure 1
2010-2040 Ten-Year Delivery Plan and the Southern California Association of
Governments' Regional Transportation Plan and is eligible to receive funds from the
Measure 12010-2040 San Bernardino Valley Metrolink/Passenger Rail Program; and
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Contract No. 15-1001047
WHEREAS, SANBAG and City of Redlands have entered in to an agreement,
SANBAG Contract No. 97-026, regarding parking related to the PROJECT at certain
stations in the City of Redlands; and
WHEREAS, SANBAG is completing an Environmental Impact Study and
Envirojunental Impact Report ("EIS/EIR") identifying potential impacts of the PROJECT
and associated mitigation measures per federal and state guidelines and plans to certify
the project and move towards construction and implementation; and
WHEREAS, the implementation of Quiet Zones at specific highway-rail at-grade
crossings is listed as one of the preferred mitigation measures in the EIS/EIR; and
WHEREAS, per Code of,Federal Regulations, TITLE 49 - TRANSPORTATION
SUBTITLE B CHAPTER II PART 222, only the public authority responsible for traffic
control or law enforcement at the highway-rail at-grade crossing can implement a Quiet
Zone; and
WHEREAS, SANBAG and CITY recognize that coordination of PROJECT
utility relocations with CITY is mutually beneficial to both SANBAG and CITY and
wish to minimize cost and schedule disruptions of utility relocations; and
WHEREAS, SANBAG has need of and desires to reach an understanding with
the CITY in carrying out SANBAG's responsibilities for design, construction, and
operation of the PROJECT, specifically to define the scope of CITY'S involvement in the
review and approval of design drawings, to establish defined review period time frames,
and to acknowledge other necessary steps SANBAG and CITY must follow; and
NOW, THEREFORE,the Parties agree to the following:
RESPONSIBILITIES:
1. The Parties agree that the above referenced RECITALS are true and correct in all
respects and shall constitute a substantive part of this Agreement and are incorporated
herein by this reference.
2. The PROJECT as described and depicted on Exhibits A and B attached hereto and
incorporated herein is located in the Cities of San Bernardino and Redlands.
3. CITY and SANBAG will meet and confer to establish SANBAG's responsibilities for
construction and operation of the PROJECT, specifically to define specified time
frames for review and approval of design drawings, permits, and to acknowledge
other necessary steps SANBAG and CITY must follow for approval of PROJECT
FACILITIES and improvements.
4. CITY and SANBAG will identify one or more contact individuals for all PROJECT
related matters.
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Contract No. 15-1001047
5. SANBAG agrees to design, construct, and maintain at-grade crossing improvements
along the PROJECT corridor to be Quiet Zone capable and to prepare all required
applications and technical studies needed to implement Quiet Zones along the entire
PROJECT corridor.
6. CITY agrees to attend site diagnostic meetings, execute concurrence documents in
compliance with CPUC General Order 75 and 88, and file all federally required
documentation when construction of all PROJECT grade crossings is substantially
complete in order to implement Quiet Zones within its jurisdiction at all crossings
included within the scope of the PROJECT.
7. CITY agrees to prepare and process a General Plan Change or similar land use
guidance document and discretionary actions as may be required for the closure of
crossings as determined by SANBAG, CITY, and the CPUC; and implement parking
prohibitions adjacent to all crossings as may be required by the CPUC.
8. CITY and SANBAG will identify and plan for utility relocations and modifications,
including streets in a coordinated manner. Specific agreements will be outlined as to
which utilities need to be relocated, when they will be relocated, and who will
perforin the work. CITY and SANBAG recognize the need to perform this work in a
timely and cost effective mamier.
9. CITY agrees it will invoke its franchise/utility agreements and have its rights under
those agreements imposed on utilities if it is determined utilities are in conflict with
the PROJECT and require relocation. The CITY will formally inform the utilities of
the CITY's intent to exercise its rights and request the relocation of utilities pursuant
to the franchise/utility agreements.
10. When possible, CITY and SANBAG will coordinate PROJECT construction
schedules with CITY project construction and CITY construction schedules,
particularly with respect to utility relocations.
11. SANBAG will provide a mechanism to incorporate such PROJECT `Betterments" as
may be requested by the CITY. Betterments are defined as facilities which are not
required for the PROJECT or required by city zoning or building regulations and are
enhancements to the PROJECT. Cost sharing will be negotiated in good faith on a
case-by-case basis.
12. CITY will collaborate with SANBAG to acquire or vacate necessary right-of-way to
complete the implementation of the PROJECT based on the PROJECT
implementation schedule to be provided by SANBAG.
13. CITY shall execute new grade crossing and utility license agreements, drafted by
SANBAG, for each new and existing CITY owned utility, including streets that cross
SANBAG's Redlands Branch Corridor right-of-way.
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Contract No. 15-1001047
14. CITY will contribute in-kind services to the PROJECT providing at their own costs,
but not limited to, all plan reviews, processing, construction permits, and construction
inspections.
15. Dispute Resolution. This agreement shall be interpreted in accordance with the laws
of the State of California except those issues regulated by the Code of federal
Regulations. Any dispute between the parties shall be resolved as follows:
a. The individuals identified in Paragraph 3 hereof shall meet and confer in good
faith to resolve the dispute.
b. If unresolved the dispute shall be referred to the City Manager of CITY and
SANBAG's Executive Director who shall meet and confer in good faith to
resolve the dispute. In the event the dispute is still not resolved the dispute
shall be referred to the governing bodies of the CITY and SANBAG who shall
arrange to meet and confer through committees, representatives, or delegates
to resolve the dispute. The decisions of the governing bodies shall be final.
The CITY and SANBAG reserve all rights, following completion of the above
described process, to seek appropriate relief or remedy.
16, following completion of the PROJECT, CITY and SANBAG will continue to meet
and confer on the common interests of both with respect to the safe operation and
maintenance of the passenger rail system and CITY facilities including potential
effects on traffic within the project limits in CITY.
17.No Party nor any officer, director, employee or agent thereof is responsible for any
injury, damage or liability occurring or arising by reason of anything done or omitted
to be done by any other Party under this AGREEMENT. It is understood and agreed
that each Party shall fully defend, indemnify and save harmless each other Party, its
officers, directors, members, employees, contractors or agents from all claims,
liabilities, suits or actions of every name, kind and description brought for or on
account of any injury (as defined by Government Code Section 810.8) occurring by
reason of anything done or omitted to be done by the indemnifying Party under or in
connection with any work, authority, action or inaction undertaken under this
AGREEMENT by the indemnifying party.
18. This AGREEMENT shall continue in full force and effect through
December 31, 2020.
19. All signatories hereto warrant that they are duly authorized to execute this Agreement
on behalf of their respective Parties and that by so executing this AGREEMENT, the
Parties hereto are formally bound to this AGREEMENT.
20. Except on subjects preempted by federal law, this AGREEMENT shall be governed
and construed in accordance with the laws of the State of California. All Parties
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Contract No. 15-1001047
agree to follow all local, state, county and federal Iaws and ordinances with respect to
performance under this AGREEMENT.
21. If any clause or provision of this AGREEMENT is illegal, invalid or unenforceable
under applicable present or future laws, then it is the intention of the Parties that the
remainder of this AGREEMENT shall not be affected but shall remain in full force
and effect.
22. This AGREEMENT can be amended with a written amendment when duly
authorized and executed by both Parties.
23. In the event of litigation arising from this AGREEMENT, each Party to this
AGREEMENT shall bear its own costs, including attorney(s) fees.
24. This AGREEMENT may be signed in counterparts, each of which shall constitute
an original.
25. Any notice required or authorized to be given hereunder or any other communications
between the Parties provided for under the terms of this AGREEMENT shall be in
writing, unless otherwise provided for herein, and shall be served personally or by
reputable courier or by facsimile addressed to the relevant party at the address/fax
number stated below.
26.Notice given under or regarding this AGREEMENT shall be deemed given (a) upon
actual delivery, if delivery is personally made; or (b) upon delivery into the United
States Mail if delivery is by postage paid certified mail (return receipt requested), fax
or private courier including overnight delivery services. Notice shall be sent to the
respective Party at the address indicated below or to any other address as a Party may
designate from time to time by a notice given in accordance with this paragraph.
If to SANBAG: Raymond Wolfe, Executive Director
1170 West 3`° Street, Second Floor
San Bernardino, CA 92410-1715
(909) 884-8276
If to City of Redlands: N. Enrique Martinez, City Manager
35 Cajon Street, Suite 200
P.O. Box 3005
Redlands, CA 92373
(909) 798-7510
26. Exhibit A (Project Description) and Exhibit B (Project Location Map) is attached
to and incorporated into this AGREEMENT.
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Contract No. 15-1001047
IN WITNESS WHEREOF, the Parties have executed this AGREEMENT below.
SAN BERNARDINO COUNTY CITY OF REDLANDS
TRANSPORTATION COMMISSION
By: AZ By:
Raym Wolfe aul Foster, Mayor
SANBAG Executive Director City of Redlands
Date: ��Z�j S Date:
Attest:
By:
Sam Irwin, City CIA/
Date: 3 kei -S'
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: By:
Robert D. Herrick Dan Mc h
Asst. SANBAG General Counsel City Attorney
Date: �� j Date: 3 Ce�.rwk- 2c►�
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o d
Contract No. 15-1001047
MEMORANDUM OF UNDERSTANDING NO. 15-1.001047
EXHIBIT A-Project Overview
The Redlands Passenger Rail Project (RPRP) encompasses an approximately nine-mile
corridor extending east from the City of San Bernardino to the City of Redlands. The
project extends along an existing railroad right-of-way owned by SANBAG and
commonly referred to as the Redlands Branch or Subdivision.
The project proposes the operation of passenger rail service between E Street in the City
of San Bernardino and the University of Redlands, in the City of Redlands. Passenger
rail service will be facilitated by up to five station stops. Up to four new station stops
will be constructed in conjunction with RPRP. These include possibly one station located
at either Tippecanoe Avenue or Waterman Avenue within the City of San Bernardino and
New York Street, Orange Street, and University Street within the City of Redlands. The
fifth station is being constructed at E Street in San Bernardino as part of the Downtown
San Bernardino Passenger Rail Project. SANBAG also proposes the replacement of the
existing railroad tracks and ties, reconstruction or rehabilitation of existing bridge
structures,potential construction of a new train layover facility, and auxiliary
improvements such as at-grade highway crossing and safety enhancements,new parking
facilities,and improvements to pedestrian access.
The project is currently considering three vehicle options for operations: two (2)types of
diesel-powered locomotives and one (1)type diesel multiple units (DMU). The final
vehicle type selected will meet Tier 4 emission requirements. Frequency of these
vehicles would be 30 minute headways during AM and PM peak travel times and hour
headways during off-peak times traveling between the E Street and University of
Redlands Stations. Functionality will be built into the system to allow for Metrolink a
limited number of trains.
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