The URL can be used to link to this page

Home My WebLink AboutS CA REGIONAL RAIL AUTHORITY 2 - 2004 A-2004-136 copy '.. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY FOR CONSTRUCTION AND O~ Nit MAINTENANCE OF STATION PLATFORM AND PEDESTRIAN BRIDGE b. 61'oNi¡Jj/lt>ThiS Agreement is executed this //1<- day of ~u.J~ ,2004 by and between the City of Santa Ana, a public body, corporate and politic (the' City"), and the Southern California Regional Rail Authority, a joint powers authority, created under the laws of the State of California (the "SCRRA"). WHEREAS, the SCRRA operates Metrolink commuter rail service between Union Station in Los Angeles and a terminal in Oceanside (the "Orange County Line") along railroad right-of-way owned by the Burlington Northern Santa Fe Railroad and the Orange County Transportation Authority (the "OCT A"); and WHEREAS, the City is the owner of certain real property containing a passenger train station, known as the Santa Ana Regional Transportation Center (the "SARTC"); and, WHEREAS, the OCTA is the owner of the railroad right-of-way located within the City of Santa Ana and adjacent to the SARTC; and, WHEREAS, the City operates and maintains the SARTC under the terms of Cooperative Agreement No. C-94-859 between the OCT A and the City; and, WHEREAS, the City and SCRRA agree that the addition of a second side boarding platform and a pedestrian bridge structure at the SARTC (the "Project") would improve the circulation of passengers to and from trains; and, WHEREAS, the Joint Exercise of Powers Agreement to Establish the Southern California Regional Rail Authority provides the SCRRA with the power in its own name to recommend station designs and construct facilities; and, WHEREAS, the California Transportation Commission has allocated funds for the Project and the State of California, Department of Transportation (Caltrans) has entered into an Intercity Rail Passenger Facility Agreement with theSCRRA to reimburse SCRRA a maximum of $5,500,000 for the design and construction of the Project; and, NOW, THEREFORE, in consideration of the mutual benefit to be derived by the City and SCRRA, it is hereby agreed as follows: ARTICLE 1 TERM 1.1 This agreement shall remain in force as long as the station is served by SCRRA commuter rail service. The agreement may be terminated by mutual consent. Those portions of this agreement relating to design and construction shall terminate when construction is completed and accepted by both parties and all payments of money for design and construction services have been paid in fulL ARTICLE 2 SCOPE OF WORK 2.1 During the term of this Agreement, the SCRRA shall complete the Project as set forth in Exhibit A, entitled "Scope of Work" attached to and, by this reference, incorporated in and made part of this Agreement. ARTICLE 3 COORDINATION 3.1 The City and SCRRA agree to work in conjunction with one another, OCT A and other agencies, relevant City departments, SCRRA's consultants and contractors to ensure satisfactory and timely completion of the Project. ARTICLE 4 PERMITS / APPROVALS 4.1 The SCRRA or its contractors shall obtain any and all approvals, permits, licenses and other authorizations required by applicable laws, regulations, rules and ordinances. ARTICLE 5 INVOICING 5.1 The SCRRA shall invoice Caltrans for funds that are allocated for the Project as reimbursement for SCRRA expenses for the project. ARTICLE 6 COST OVERRUNS 6.1 6.2 Should the City require a change in the Project scope of work so that the Project budget exceeds Caltrans funding, the City shall be responsible for payment of cost overruns of the Project. The City and SCRRA will periodically review the Project budget to ensure that costs for the project remain within the approved spending limits. SCRRA shall notify and consult with the City prior to incurring a Project cost overrun. In the event funds are rescinded by the State of California, SCRRA will suspend work on the Project and notify the City. SCRRA will not resume the Project unless State funding is restored or the City provides replacement funding. In no event will SCRRA remove the existing track, or do construction work which will interfere with its use, unless all funding necessary to complete the Project is available and has been allocated to the Project. ARTICLE 7 DEFAULT / TERMINATION 7.1 In the event either party fails to perform its obligations pursuant to this Agreement, the non-defaulting party shall provide written notice to the defaulting party of the default. In the event the defaulting party fails to cure the default within thirty (30) working days from the receipt of the notice or to commit to cure the default and to commence the same within thirty (30) working days from receipt of the notice, the non-defaulting party can Agreement between City of Santa Ana and the Southern California Regional Rail Authority for Construction and Maintenance of Station Platfonn and Pedestrian Bridge 2 elect to terminate this Agreement without release of any and all rights and remedies available at law or in equity. ARTICLE 8 AREAS OF RESPONSIBILITY 8.1 8.2 8.3 8.4 Upon acceptance of the Project by both the City and SCRRA, the City, at its sole expense, shall be responsible for the operation, maintenance and repair ofthe second side boarding platform and pedestrian bridge structure. The City shall amend Cooperative Agreement No. C-94-859 with the OCT A to include the improvements constructed under the Project. The Project includes the installation of an inter-track fence with two (2) electronically controlled sliding, lockable gates. The SCRRA, at its sole expense, shall be responsible for the maintenance and repair of the inter-track fence. The City, at its sole expense, shall be responsible for the maintenance and repair of the two (2) electronically controlled sliding, lockable gates. City employees or contractors shall not enter onto the railroad right-of-way to maintain or repair the gates unless the City has received prior permission from SCRRA and made arrangements to comply with all SCRRA safety requirements. The City shall not be responsible for the repair or maintenance of the Metrolink ticket vending machines, multi-trip ticket validators, public address/changeable message sign system, and SCRRA communications building. The City hereby agrees that it shall not attempt to perform any maintenance, repair or other work on such equipment. The City, at its sole expense, shall provide and pay for all utilities and other services necessary to operate and maintain the SARTC. Such utilities and services shall include, but not limited to, any electrical, gas, water, sewer, telephone or trash removal service necessary for the operation of the SARTC. ARTICLE 9 INDEMNIFICATION 9.1 The City shall indemnify, defend and hold harmless SCRRA, its Board Members, member agencies, officers, agents, volunteers, contractors and employees from any and all liability, loss expense (including reasonable attorney fees), or claims imposed for injury, damage or death occurring by reason of any alleged acts or omissions on the part of City under or in connection with any work, authority or jurisdiction delegated to City under this Agreement. This indemnity shall survive termination of this Agreement. 9.2 The SCRRA shall indemnify, defend and hold harmless City, Council Members, officers, agents, contractors and employees of the City of Santa Ana from any and all liability, loss expense (including reasonable attorney fees), or claims imposed for injury, damage or death occurring by reason of any alleged acts or omissions on the part of SCRRA under or in connection with any work, authority or jurisdiction delegated to SCRRA under this Agreement. This indemnity shall survive termination of this Agreement. Agreement between City of Santa Ana and the Southern California Regional Rail Authority for Construction and Maintenance of Station Platform and Pedestrian Bridge 3 ARTICLE 10 REPORTING 10.1 SCRRA shall be responsible for all reporting to the funding agency. SCRRA shall provide Project information needed for each State Quarterly Review meeting. ARTICLE 11 MUTUAL UNDERSTANDING AND AGREEMENT BY PARTIES 11.1 11.2 11.3 11.4 11.5 All references to SCRRA herein'shall mean SCRRA and/or its employees, agents, contractors and suppliers. All references to City herein shall mean City and/or its, employees, agents and officers. Should any part of this Agreement become null, void or unenforceable, such provision will be severed from the Agreement and will not affect the enforceability of the remaining provisions of the Agreement. The parties agree that the anticipated expenditures and funding sources are included in this Agreement which is executed between the City and SCRRA. This Agreement, together with all exhibits, schedules, documents, specifications and drawings, incorporated herein by reference, constitutes the entire Agreement between the City and SCRRA, for the subject matter hereof, and there are no items, conditions to provisions either oral or written between the parties other than those herein contained. No other agreement, statement or promise made by or to any of the parties or the agent or representative of any of the parties shall be binding unless it is in writing and is signed by the parties. ARTICLE 12 NOTICES 12.1 All correspondence with regard to Project will be directed to the following persons: City of Santa Ana, Public Works Agency 20 Civic Center Plaza M-93 P.O. Box 1988 Santa Ana, CA 92702 Attention: David Biondolillo, Transportation Analyst (714) 647-5603 Southern California Regional Rail Authority 700 S. Flower Street, 26th Floor Los Angeles, CA 90017 Attention: Stuart Chuck, Station Facilities Manager (213) 452-0295 Agreement between City of Santa Ana and the Southern California Regional Rail Authority for Construction and Maintenance of Station Platfonn and Pedestrian Bridge 4 IN WITNESS HEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized by the City of Santa Ana and by the Southern California Regional Rail Authority on the day and year first above written. By: DAVIDN. AM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney ByJf&u~~ v Assistant City ey Date: ATTEST: B~~(.'''''''.J Patricia E. Healy Clerk of the Council ¡)~ Date: 7;// 'l};l APPROVAL AS TO CONTENT: By: Date: James G. Ross Executive Director - Public Works Agreement between City of Santa Ana and the Southern California Regional Rail Authority for Construction and Maintenance of Station Platform and Pedestrian Bridge 5 SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY By: Date: David Solow Chief Executive Officer APPROVED AS TO FORM: Office of the County Counsel Los Angeles County By: Date: Deputy County Counsel Agreement between City of Santa Ana and the Southern California Regional Rail Authority for Construction and Maintenance of Station Platfonn and Pedestrian Bridge 6 EXHIBIT A SCOPE OF WORK SCRRA will design and construct a second platform and a pedestrian bridge at the Santa Ana Regional Transportation Center. The existing center platform will be demolished and an inter- track fence will be constructed between the tracks. The project cost estimate is as follows: Design Environmental Clearance Geotechnical Boring & Report Design $1,000 $15,000 $351,846 Sub Total $367,846 Construction Mobilization & Surveying Demolition & Removal Excavation and recompaction of Onsite Material (platform) Removal of Unsuitable Materials Import Structural Fill Platform Drain Platform Platform Canopies Platform Electrical/Lights & Poles Remodel Existing Structure PCC Wheelchair accessible Ramp Bridge & Elevator Support Structure w/stairs Elevators Signage Inter-Track Fence Public Address Changeable Message System $10,000 $25,000 $6,000 $850 $10,200 $16,000 $416,000 $105,000 $22,000 $0 $0 $1,735,000 $450,000 $20,000 $16,000 $100,000 Construction Subtotal $2,932,050 Contingency $439.808 Contractor ProfiUOverhead $674,372 Total Construction $4,046,229 Construction Management $606,934 SCRRA Agency Costs $457.414 Total Project Cost Estimate $5,478,423 Agreement between City of Santa Ana and the Southern California Regional Rail Authority for Construction and Maintenance of Station Platform and Pedestrian Bridge 7