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Home My WebLink AboutContracts & Agreements_191-2022MAINTENANCE AGREEMENT for REDLANDS PASSENGER RAIL PROJECT ("ARROW" SERVICE) AT -GRADE CROS SINGS BETWEEN SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY AND THE CITY OF REDLANDS COVERING THE MAINTENANCE OF ALL At -Grade Crossings within SCRRA MILE POST 61.87 to 66.48 - SAN GABRIEL SUBDIVISION IN CITY OF REDLANDS, CALIFORNIA Redlands At -Grade Crossings Maintenance Agreement Maintenance Agreement for All At -Grade Crossings within SCRRA MILE POST 61.87 to 66.48 - SAN GABRIEL SUBDIVISION CITY OF REDLANDS, SAN BERNARDINO COUNTY, CALIFORNIA THIS Maintenance Agreement ("AGREEMENT") is made and entered into as of the day of , 2022, by and between the SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY, a joint powers authority existing under the laws of the State of California (hereinafter referred to as "SCRRA"), to be addressed at 900 Wilshire Blvd, Suite 1500, Los Angeles, CA 90017 and the CITY OF REDLANDS, a general law city and a municipal corporation duly organized and existing under the laws of the State of California (hereinafter referred to as "CITY"), to be addressed at 35 Cajon Street, Suite 15-A, Redlands, CA 92373. SCRRA and the CITY may be referred to singly as "PARTY" and collectively as "PARTIES." 1 Redlands At -Grade Crossings Maintenance Agreement RECITALS: SCRRA is a five -county joint powers authority, created pursuant to California Public Utilities Code Section 130255 and California Government Code Section 6500 et seq., to build, maintain, administer, and operate the "METROLINK" commuter train system on railroad rights -of -way owned by the member agencies and through other shared use and joint operation agreements. The five -county member agencies are comprised of the following: Los Angeles County Metropolitan Transportation Authority ("METRO"), Ventura County Transportation Commission ("VCTC"), Orange County Transportation Authority ("OCTA"), San Bernardino County Transportation Authority ("SBCTA"), and Riverside County Transportation Commission ("RCTC"). The CITY OF REDLANDS, a general law city and municipal corporation organized and existing under the laws of the State of California, hereinafter referred to as "CITY"; SCRRA controls, administers, operates, and maintains the railroad track, structures, signals, communication systems, and appurtenances on the rail line known as the San Gabriel Subdivision in the area covered by multiple Multiple At -Grade Crossings. SCRRA and the "Operating Railroads" [as used herein "Operating Railroads" means any passenger or freight -related railroad company(s) operating on SCRRA track(s), including the National Railroad Passenger Corporation (AMTRAK), and the Burlington Northern and Santa Fe Railway Company (BNSF)] operate trains and rail equipment through multiple at -grade highway railroad crossing locations on right-of-way owned by the SBCTA, in accordance with the Shared Use Agreement dated October 30, 1992, and the Agreement between SCRRA, its Member Agencies, and the National Railroad Passenger Corporation (Amtrak) and known as the "Intercity Agreement". Presently, the CITY occupies the railroad right-of-way for multiple at -grade highway railroad crossings that carry vehicular traffic across the following: Crossing Name Mile Post CPUC # DOT # Mountain View Avenue 61.87 101SG-61.87 027228D California St. 63.02 101 SG-63.02 027231L Nevada St. 63.51 101 SG-63.51 027232T Alabama St. 64.03 101 SG-64.03 027233A W. Colton Ave. 64.21 101 SG-64.21 027234G 2 Redlands At -Grade Crossings Maintenance Agreement Crossing Name Mile Post CPUC # DOT # Tennessee St. 64.56 101 SG-64.56 027235N Redlands - Esri Ped 64.82 101 SG-64.82-D 027237C Texas St. 65.07 101 SG-65.07 027239R N. Eureka St. 65.36 101 SG-65.36 027240K Redlands - Downtown Ped 65.46 101SG-65.46-D 933892D Orange St. 65.58 101 SG-65.58 027242Y 6th St. 65.71 101 SG-65.71 027245U 7th St. 65.77 101 SG-65.77 027246B Church St. 66.08 101 SG-66.08 027248P N. University St. 66.48 101 SG-66.48 027250R SCRRA and the CITY desire to cooperate and maintain the at -grade highway railroad CROSSINGS listed herein with the least amount of disruption to vehicle and rail traffic. As part of the SBCTA led Redlands Passenger Rail Project (RPRP), all the aforementioned CROSSINGS have been improved to current California Public Utilities Commission (CPUC) and SCRRA Standards for Quiet Zone Implementation. The CITY has petitioned for a Quiet Zone within their jurisdictional boundaries pursuant to Federal Railroad Administration (FRA) Regulation Title 49 Part 222 of the Code of Federal Regulations (49 CFR Part 222) requirements and SCRRA's Design Criteria Manual — Section 25 Quiet Zone Implementation, Exhibit D-5. The Notice of Intent to Create a New Quiet Zone for these crossings was issued by the City on August 24th, 2020 (Exhibit C-1). At a future date the PARTIES agree that the AGREEMENT will be amended to include the Notice of New Quiet Zone Establishment. The general arrangement, and location of the at -grade highway railroad crossings proposed are shown on the location print marked as Exhibit B-1. The detailed plans of the at -grade -highway railroad crossings currently being reconstructed under SBCTA's Redlands Passenger Rail Project are included in this AGREEMENT under Exhibit B-2. SCRRA and the CITY are entering into this AGREEMENT to establish the maintenance responsibilities at the CROSSINGS described above, and as contained in the Exhibits attached to and made a part of this AGREEMENT. 3 Redlands At -Grade Crossings Maintenance Agreement AGREEMENT NOW, THEREFORE, it is mutually agreed by and between the PARTIES hereto as follows: ARTICLE 1 - LIST OF EXHIBITS The exhibits below are attached to and made a part of this AGREEMENT as if set forth in their entirety: Exhibit A Standard Terms and Conditions Exhibit B-1 Crossing Location Print Exhibit B-2 Crossing Plans Exhibit C-1 Quiet Zone Notice of Intent Exhibit D-1 SCRRA Form 6 - Right -of -Entry Agreement & SCRRA Insurance Requirements Exhibit D-2 SCRRA Form 37 - Rules and Requirements for Construction on Railway Property Exhibit D-3 SCRRA General Safety Regulation for Third Party Construction and Utility Workers on SCRRA Property Exhibit D-4 SCRRA Highway - Rail Grade Crossing Manual Exhibit D-5 SCRRA Design Criteria Manual - Section 25 Quiet Zone Implementation ARTICLE 2 - EFFECTIVE DATE AND TERMINATION 2.1 This AGREEMENT shall become effective when signed by both PARTIES and shall continue in full force and effect for as long as the at -grade highway railroad crossing area exists. The effective date of this AGREEMENT will be the date signed by the last signatory. ARTICLE 3 - MAINTENANCE BY SCRRA 3.1 Pursuant to California Public Utilities Commission (CPUC) General Order 72-B, SCRRA shall maintain, at its expense, the area between lines two (2) feet outside the rails of each track and between the tracks where the distance between the center lines of tracks is fifteen (15) feet or less measured at the center line of the highway, normal to the tracks. 3.2 SCRRA shall maintain the railroad crossing automatic warning equipment for the crossing 4 Redlands At -Grade Crossings Maintenance Agreement to ensure that they are kept in working order. The maintenance cost for the automatic railroad warning devices shall be shared by the CITY and SCRRA as described in Article 4. ARTICLE 4 - MAINTENANCE COST SHARING OF AUTOMATIC RAILROAD WARNING DEVICES 4.1 CITY shall share equally with SCRRA the maintenance cost of the railroad crossing warning signals and signal controls in accordance with California Public Utilities Code (CPU Code) § 1202.2, except that CITY's liability thereof shall be limited to such funds as may be set aside for allocation through the CPUC, pursuant to CPU Code §1231.1. SCRRA shall submit annual invoices to the CPUC for CITY' s share of the maintenance costs of the railroad crossing warning signals and signal controls. This results in no direct cost to the CITY for the maintenance of the automatic warning devices. ARTICLE 5 - MAINTENANCE BY CITY 5.1 CITY shall maintain, repair and renew the at -grade highway railroad crossing area within their respective boundaries starting at two (2) feet outside of the rails of each track. When two or more tracks are involved, SCRRA shall maintain the area between the tracks as described in Section 3.1. CITY shall maintain and repair, at CITY's expense, any street improvements, including street lighting, sidewalks, curb and gutters, raised medians, channelizers/delineators, pavement striping and markings (traffic and pedestrian), raised pavement markers, and signage within or on the approaches to the crossing area. This work shall be done pursuant to CPUC General Order 72-B. 5.2 CITY shall control or remove, at CITY's expense, weeds or vegetation located within the CITY crossing easement or within public street right of way on or about the crossing 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 will not lawfully perform the control or removal work, CITY shall reimburse SCRRA for the cost of performing such control or removal. 5 Redlands At -Grade Crossings Maintenance Agreement 5.3 CITY and/or its contractor(s) shall obtain a Right of Entry Permit from SCRRA, as detailed in Article 6, prior to performing any maintenance of a roadway, sidewalk or median islands, if that maintenance activity is to occur within the railroad right-of-way. 5.4 CITY shall incorporate the requirements of Exhibit D-1, through and including, Exhibit D-4 into each prime contract for maintenance through and adjacent to the crossing area. CITY shall exercise its authority as a party to any contract for maintenance into which it enters to ensure its contractor(s) conforms with the requirements listed in Exhibit D-1, through and including Exhibit D-4, and to ensure that operations, right-of-way, property, or other facilities of SCRRA or the operations, property or facilities of others occupying or using the railroad right-of-way, are protected at all times. All work done by CITY, or its contractor(s), on the railroad right-of-way shall be done in a manner satisfactory to SCRRA. 5.5 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 Regulation (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 at a date and time acceptable to both parties. 5.6 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 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 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 cost of said improvements of the Crossings shall be borne by the CITY. 6 Redlands At -Grade Crossings Maintenance Agreement ARTICLE 6 - CONTRACTOR'S RIGHT OF ENTRY PERMIT AND INSURANCE 6.1 Entry onto the railroad right-of-way by the CITY or its contractors shall at all times be subject to the current (at time of entry) requirements for entering the railroad right-of-way and the SCRRA procedures and requirements for securing railway flagging or other protective services. 6.2 If the CITY retains a Contractor(s) to perform any work within the crossing area or on any other portion of the railroad right-of-way (including any future improvement or maintenance and repair work), the CITY shall require the Contractor(s) to: a) Execute SCRRA "Form 6 — Right of Entry Agreement" or similar form of agreement as adopted by SCRRA at the time that any future work is performed without modification. A copy of SCRRA's Form 6, as currently adopted by SCRRA, is included with this AGREEMENT as Exhibit D-1. b) Furnish and provide the bonds, insurance policies, certificates, binders, endorsements or combinations thereof in accordance with the insurance requirements accompanying SCRRA "Form 6 — Right of Entry Agreement" and as described in Exhibit D-1. 6.3 The CITY shall not allow any contractor or contractors to commence any work in the crossing area or on any other portion of the railroad right-of-way until the contractor(s) have provided the required insurance and the right -of -entry is approved and signed by SCRRA. 6.4 All insurance correspondence, binders, policies, certificates and/or endorsements shall be sent to: Right -of -Way Encroachments Coordinator SCRRA - Pomona Office 2700 Melbourne Ave Pomona, CA 91767 Email: RightofEntry@scrra.net 6.5 The CITY may self -insure any portion of the insurance coverage for work performed by the employees of the CITY unless and until SCRRA provides written notice to CITY based on 7 Redlands At -Grade Crossings Maintenance Agreement either an unacceptable material adverse change in the assets available to CITY to satisfy self - insured claims or the CITY's unacceptable performance in the administration of prior claims under this AGREEMENT. 6.6 Under no circumstances will personnel, equipment, or material of a contractor or the CITY be allowed on the railroad right-of-way without providing the insurance required by this article and arranging for flagging or other protective services. ARTICLE 7 - FUTURE CROSSING MODIFICATION 7.1 If in the future, CITY elects to modify the existing crossing(s) by widening or replacement of crossing surface(s), then any SCRRA costs of reasonably necessary modifications caused by CITY's modifications to the crossing, including material and/or repair or rehabilitation of the railroad tracks shall be borne by the CITY. 7.2 If in the future, CITY elects or is required by competent authority to raise or lower the grade of all or any portion of the street or highway located on the crossing area that requires the track(s) to be modified, the cost of the design and construction and all associated cost to modify the tracks shall be borne by the CITY if the modification is elected by the CITY or by the competent authority if the competent authority is requiring the modifications to the roadway. 7.3 The estimated costs for any future work to be performed by SCRRA will be quantified and included in an amendment to this AGREEMENT. 7.4 CITY shall incorporate the requirements of Exhibit D-1, through and including, Exhibit D-4 into each prime contract for construction through and adjacent to the crossing area. CITY shall exercise its authority as a party to any contract for construction into which it enters to ensure its contractor(s) conforms with the requirements listed in Exhibit D-1, through and including Exhibit D-4, and to ensure that operations, right-of-way, property, or other facilities of SCRRA or the operations, property or facilities of others occupying or using the railroad right-of-way, are protected at all times. All work done by CITY, or its contractor(s), on the railroad right-of-way shall be done in a manner satisfactory to SCRRA. 8 Redlands At -Grade Crossings Maintenance Agreement ARTICLE 8 - INDEMNIFICATION 8.1 Neither SCRRA, nor the Operating Railroads, nor any of SCRRA's board members, member agencies, officers, agents, volunteers, contractor(s), or employees shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of the CITY under or in connection with any aspect of the CITY's maintenance work, authority, or obligation agreed to by the CITY under this AGREEMENT. The 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, contractor(s,) and employees ("SCRRA Indemnitees") from any and all liability, loss, 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 the CITY, its council, officers, agents, contractor(s), or employees under or in connection with any aspect of the CITY's maintenance work, authority, or obligation agreed to by the CITY under this AGREEMENT. This indemnity shall survive the termination of this AGREEMENT. 8.2 Neither the CITY, nor its council, officers, agents, contractor(s), 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 SCRRA maintenance work, authority, or obligation agreed to by SCRRA under this AGREEMENT. SCRRA shall indemnify, defend and hold harmless the CITY, as well as their respective council, officers, agents, contractor(s), and employees ("CITY Indemnitees") from any and all liability, loss, 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 CITY Indemnitees arising out of or connected with any negligent acts or omissions on the part of SCRRA, its board members, officers, agents, volunteers, contractor(s) or employees under or in connection with any aspect of any SCRRA Maintenance work, authority, or obligation agreed to by SCRRA under this AGREEMENT. This indemnity shall survive the termination of this AGREEMENT. 9 Redlands At -Grade Crossings Maintenance Agreement 8.3 In contemplation of the provisions of Government Code §895.2 imposing certain tort liability jointly upon public entities solely by reason of such entities being PARTIES to an agreement, as defined in Government Code §895, each of the PARTIES hereto, pursuant to the authorization contained in Government Code §895.4 and §895.6, will assume the full liability imposed upon it or any of its officers, agents or employees by law for injury caused by any negligent or wrongful act or omission occurring in the performance of this AGREEMENT to the same extent that such liability would be imposed in the absence of §895.2 of such code. To achieve this purpose, each other agrees to indemnify and hold harmless each other for any cost or expense that may be imposed upon each other solely by virtue of said §895.2. The provisions of Civil Code §2778 are made a part hereof as if incorporated herein. ARTICLE 9 - GENERAL PROVISIONS 9.1 This AGREEMENT shall continue in force and effect unless otherwise provided herein, until mutual termination by the PARTIES or the elimination or removal of this at -grade highway railroad crossing, whichever occurs first. The covenants and provisions of this AGREEMENT shall be binding upon and inure to the benefit of the successors and assigns of the CITY and SCRRA. 9.2 This AGREEMENT may be modified or amended only in writing. All modifications, amendments, changes and revisions of this AGREEMENT, in whole or part and from time to time, shall be binding upon the PARTIES, so long as the same shall be in writing and executed by the CITY and SCRRA. 9.3 This AGREEMENT and the exhibits attached hereto contain the entire understanding between the PARTIES and supersede any prior written or oral understanding and AGREEMENT between them regarding the subject matter of this AGREEMENT. There are no representations, agreements, arrangements or understandings, oral or written, between the PARTIES relating to the subject matter of this AGREEMENT, which are not fully expressed herein. 9.4 The execution and delivery of this AGREEMENT by each PARTY and the consummation of the transactions contemplated hereby are within the power of each PARTY and have been duly authorized by all necessary actions of each respective PARTY. 10 Redlands At -Grade Crossings Maintenance Agreement 9.5 In the event any part of this AGREEMENT is declared by a court of competent jurisdiction to be invalid, void or unenforceable, such part shall be deemed severed from the remainder of this AGREEMENT and the balance of this AGREEMENT shall remain in effect. 9.6 This AGREEMENT shall be construed and interpreted under the laws of the State of California. 9.7 The article and section headings in this AGREEMENT are for convenience only and shall not be used in its interpretation or considered part of this AGREEMENT. 9.8 Any notice sent by first class mail, postage paid, to the address and addressee, shall be deemed to have been given when in the ordinary course it would be delivered. The representatives of the PARTIES who are primarily responsible for the administration of this AGREEMENT, and to whom notices, demands and communications shall be given, are as follows: To CITY: To SCRRA: John Harris Director, Municipal Utilities & Engineering Justin Fornelli, P.E. Chief, Program Delivery City of Redlands Southern California Regional Rail Authority 35 Cajon Street, Suite 15-A 2558 Supply Street, Building A Redlands, CA 92373 Pomona, CA 91767 E-mail: jharris@cityofredlands.org E-mail: fornellij@scrra.net Telephone: (909) 593-4291 Telephone: 909-798-7658 9.9 This AGREEMENT may be executed in counterparts, each of which is an original, but all of which constitutes one and the same document. The PARTIES shall sign a sufficient number of counterparts, so that each PARTY will receive a fully executed original of this AGREEMENT. 11 Redlands At -Grade Crossings Maintenance Agreement IN WITNESS WHEREOF, the PARTIES have caused this AGREEMENT to be duly executed in by their duly qualified and authorized officials. SOUTHERN CALIFORNIA REGIONAL CITY OF REDLANDS RAIL AUTHORITY By: By: Date: Darren M. Kettle Paul T. Barich Chief Executive Officer Mayor Date: /2o/2 APPROVED AS TO FORM: By: Don O. Del Rio General Counsel Date: APPROVED AS TO FORM: By: vette M. Abich Garcia ity Attorney Date: 11A ATTEST: Donaldson, City Clerk 12 EXHIBITS CAN BE LOCATED AT: https://destinyhosted.com/redladocs/2022/CC/202 20920 317/4293 Redlands Maintenance Agreeme nt 2022-08-15.pdf