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HomeMy WebLinkAboutSOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY (SCRRA) INSURANCE NOT REQUIRED WORK MAY FR MCEED A-2026-06 CITY UER4K DATE: MAY 2 7 2026 eY.>3uckLflz) DESIGN SERVICES AGREEMENT BETWEEN SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY (SCRRA) AND THE City of Santa Ana FOR Santa Ana Blvd Gracie Separation AT SCRRA APPROX.MP 175.13 ORANGE SUBDIVISION IN CITY OF SANTA ANA ORANGE COUNTY,CALIFORNIA EXHIBIT 5 Santa Ana 131vd. Grade Separation--City of Santa Ana SCRRA Project No: TBA Design Services Agreement SCRRA File No.:TBD Orange Subdivision MP 175.13 This Design Services Agreement ("AGREEMENT") is made and entered into as of the day of , 2026, 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 SANTA ANA, a California.charter law municipal corporation (hereinafter referred to as "CITY"), to be addressed at 20 Civic Center Plaza, Santa Ana, CA 92701. CITY and SCRRA may be referred to singly as "PARTY" and collectively as"PARTIES." 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"). SCRRA controls, administers, operates, and maintains the railroad track, structures, signals, communication systems, and appurtenances on the rail line known as the Orange Subdivision in the area proposed by CITY in the City of Santa Ana. 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), the Union Pacific Railroad Company (UPRR), and the Burlington Northern and Santa Fe Railway Company (BNSF)] operate trains and rail equipment through this location on right-of-way owned by OCTA,in accordance with the Shared Use Agreement dated December 20, 1990, and the Agreement between SCRRA, its Member Agencies, and the National Railroad Passenger Corporation(Amtrak) and known as the"Intercity Agreement'. _1- EXHIBIT 5 Santa Ana Blvd. Grade Separation—City of Santa Ana SCRRA Project No: TBA Design Services Agreement SCRRA File No.:TBD Orange Subdivision MP 175.13 CITY desires to design and construct a new four-lane underpass to replace the existing at-grade crossing at the SCRRA double tracks on Santa Ana Boulevard adjacent to the Santa Ana Regional Transportation Center(SARTC), hereinafter referred to as the "PROJECT". SCRRA and CITY believe that construction of the Project will serve the important purposes of increasing passenger rail transportation within Southern California, including interconnectivity between systems, and promoting the region's mobility, safety, and air quality objectives. SCRRA does not receive any funding through its budget process to support third party projects such as this one. SCRRA is required to enter into agreements,service contracts,and memorandum of understandings, and obtain deposits to cover the expenses of its staff, consultants, and contractors in the support of third-party projects. Therefore, CITY and SCRRA wish to enter into this AGREEMENT to establish roles, responsibilities, funding and processes for engineering design, engineering reviews, comments, acceptance of engineering plans, environmental documentation reviews and general engineering and planning support for interconnectivity between stations and future transportation studies for the PROJECT. In conjunction with the PROJECT, SCRRA, at the CITY's sole cost and expense, will provide design, planning and environmental support including engineering design review and attendance at design meetings and site visits as required to accommodate the PROJECT,hereinafter referred to as "DESIGN SUPPORT SERVICES", and as detailed in Section I.1. of this AGREEMENT. The PARTIES acknowledge that if CITY and its consultants and contractors need access within or adjacent to the railroad right-of-way to perform any design or construction work, a separate Right of Entry Agreement (Form 5 and Form 6, available at https://www.metrolinktrains.com/about/agency/en.-in�g--construction/, are examples of such agreements;nothing herein shall be construed to bind the PARTIES to use those examples without the possibility of future modifications amenable to the PARTIES)between SCRRA and each entity must be issued before access can be provided. -2- EXHIBIT 5 Santa Ana Blvd. Grade Separation—City of Santa Ana SCRRA Project No:TBA Design Services Agreement SCRRA File No.: TBD Orange Subdivision MP 175.13 The PARTIES acknowledge that a separate Construction and Maintenance ("C&M") Agreement will be negotiated and entered into subsequently by the PARTIES for the actual construction and maintenance of the PROJECT. The PARTIES agree to enter into the C&M Agreement after designs are completed, but before construction begins. The C&M agreement will protect the PARTIES interests during construction of the PROJECT. AGREEMENT IN CONSIDERATION of the promises and mutual understandings of the PARTIES, and the faithful performance thereof: SECTION I SCRRA agrees as follows: 1. SCRRA shall provide 'DESIGN SUPPORT SERVICES" as detailed herein during the development of the design of the PROJECT as follows: a. Review and provide comments on engineering documents (plans, specifications, and reports) for the PROJECT as submitted by CITY for consistency and compliance with SCRRA design standards and criteria. SCRRA's review and comments will be limited to the portion of the plans within the OCTA Right-of- Way (ROW), any potential impacts to SCRRA's operation and future capacity requirements within the OCTA ROW, and station connectivity. b. Support the environmental review or permitting that may be required for construction of the PROJECT. c. Support the master planning process to ensure that all modes of transportation for the PROJECT are fully considered and seamlessly connected. d. Attend coordination meetings and make site visits as required. e. Provide design support and technical information to the design team including furnishing SCRRA design criteria, SCRRA standard drawings, and other similar SCRRA engineering documents, and supporting CPUC application preparation as needed. -3- EXHIBIT 5 Santa Ana Blvd. Grade Separation—City of Santa Ana SCRRA Project No: TBA Design Services Agreement SCRRA File No.: TBD Orange Subdivision MP 175.13 f Provide SCRRA administrative support for the PROJECT to assist CITY in the development of the PROJECT including interdepartmental support. g. Develop C&M Agreement acceptable to both parties for the PROJECT. Said Agreement must be in place prior to construction. h. Provide flagging and railroad protective services for site visits. Provide cable marking for survey needs during design phase. 2. SCRRA shall issue Contract Task Orders (CTO's) with its consultant(s) upon receipt of CITY's deposit, to help support design and environmental review and as needed for required signal, communication, or other design services. 3. The performance of any additional services beyond the DESIGN SUPPORT SERVICES defined in Section I.1. and outlined in EXHIBIT"A"or elsewhere in this AGREEMENT, shall require an amendment to this AGREEMENT signed by both Parties. 4. SCRRA will provide Railroad Protective Services (Roadway Worker in Charge, Railroad Safety training, signal/communication cable marking), at CITY's cost,to facilitate access for CITY staff, contractors or consultants to the OCTA ROW for survey purposes. All CITY staff, contractors or consultants must be safety trained and certified prior to being allowed access onto the OCTA ROW. 5. Signals determined to be obscured and/or signals and communication facilities determined to be in conflict with the proposed improvements will be relocated, if necessary. Any existing tracks, main line and/or industry track connections determined to be in conflict with the proposed improvements will be relocated. Relocations will be designed by SCRRA and relocated by SCRRA at CITY's expense. SCRRA facilities that cannot be relocated because of operational or other constraints may require alteration to the design or construction procedures. -4- EXHIBIT 5 Santa Ana Blvd. Grade Separation—City of Santa Ana SCRRA Project No: TBA Design Services Agreement SCRRA File No.:TBD Orange Subdivision MP 175.13 G. SCRRA shall designate a Project Manager as a single point of contact to oversee and manage SCRRA's obligations under this AGREEMENT in coordination with CITY's elected representative. 7. Provide quarterly project status reports to CITY no later than the 30th of the month following the end of each quarter reflecting draw down of funds and funds expended for the PROJECT, including a progress report that includes status, and expenditures to budget. 8. To provide a reconciliation report to CITY within one-hundred eighty(180)days of completion of PROJECT, identifying the PROJECT surplus or deficit. SECTION It CITY agrees as follows: 1. CITY shall designate a Project Manager as its single point of contact to coordinate with SCRRA for all DESIGN SUPPORT SERVICES under this AGREEMENT. 2. CITY shall fund and bear the cost of one hundred percent (100%) of all DESIGN SERVICES as defined in Section I and outlined in EXHIBIT "A"of this AGREEMENT. The costs associated with the DESIGN SUPPORT SERVICES are only estimates and may vary, for which CITY shall be responsible for reimbursement of one hundred percent (100%) of all costs incurred by SCRRA. 3. The total cost of the DESIGN SUPPORT SERVICES provided by this AGREEMENT shall not exceed the sum of $315,000. Within thirty (30) days of execution of this AGREEMENT, CITY agrees to deposit the full amount of$315,000 of the estimated cost of DESIGN SUPPORT SERVICES to be provided by SCRRA under EXHIBIT"A"of this AGREEMENT. SCRRA will be reimbursed on the basis of actual cost up to the "not-to- exceed" total amount. SCRRA shall notify CITY in writing when seventy-five percent -5- EXHIBIT 5 Santa Ana Blvd. Grade Separation--City of Santa Ana SCRRA Project No:TBA Design Services Agreement SCRRA File No.: TBD Orange Subdivision MP 175.13 (75%) of the deposited funds have been exhausted and include an estimate of what, if any, additional funds are estimated to be needed to complete the services under this AGREEMENT. If additional funding is required, then CITY and SCRRA shall amend the AGREEMENT in writing to provide for further funding as mutually agreed upon and CITY shall deposit the full amount of the additional funding within thirty (45) days of execution of the Amendment. 4. CITY shall be responsible for and fund any other costs associated with obtaining permits, right-of-way, encroachments, easements, and other entitlements necessitated by the PROJECT prior to construction of the PROJECT. CITY shall perform all coordination with third parties and statutory authorities. 5. CITY shall identify and locate all utility facilities within the OCTA ROW, in its plans as required, and will protect or provide for relocation of such facilities. In the event that any utility work within the OCTA ROW needs to be undertaken for any existing public and/or private utility during the design phase of the PROJECT, CITY will make all necessary agreements with the owners for the protection, relocation or removal of said facilities. CITY shall also provide copies of its letters of agreement with utility companies to SCRRA and OCTA showing that arrangements have been made for the protection, relocation, or removal of all conflicting facilities within the OCTA ROW. 6. In the event that any work under this AGREEMENT involves entry onto the OCTA ROW by CITY, its consultant(s) or contractor(s), CITY shall require that all Parties comply and/or execute any necessary Right-of-Entry forms (Form 5, 6, 37) from SCRRA prior to the performance of such work. 7. CITY shall obtain and comply with any and all necessary approvals, real estate permits, licenses or easements, CPUC applications, and other authorizations required by applicable laws, regulations, rules, or ordinances prior to commencement of any work within OCTA ROW from SCRRA's member agency, OCTA. -6- EXHIBIT 5 Santa Ana Blvd. Grade Separation--City of Santa Ana SCRRA Project No: TBA Design Services Agreement SCRRA File No.: TBD Orange Subdivision MP 175.13 8. Should the funds deposited by CITY pursuant to this AGREEMENT be fully depleted at any time before the DESIGN SUPPORT SERVICES are completed, SCRRA may stop all work and not recommence until the not-to-exceed limit is amended in writing by the mutual consent of both Parties and received by SCRRA. 9. Any monies received from CITY under this AGREEMENT in excess of the amount needed for completion of the DESIGN SUPPORT SERVICES shall be returned to CITY within 180 days of completion of the DESIGN SUPPORT SERVICES if funds are not designated by CITY for the contemplated C&M Agreement. SECTION III MUTUAL AGREEMENT: 1. Neither SCRRA, nor the Operating Railroads as identified by SCRRA, 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 PROJECT, work, authority or obligation agreed to by CITY under this AGREEMENT. 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("SCRRA Indemnities")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 Indemnities arising out of or connected with any negligent acts or omissions on the part of CITY,its staff,contractors,or consultants tinder or in connection with any aspect of the PROJECT, work, authority or obligation agreed to by CITY under this -7- EXHIBIT 5 Santa Ana Blvd. Grade Separation—City of Santa Ana SCRRA Project No: TBA Design Services Agreement SCRRA File No.: TBD Orange Subdivision MP 175.13 AGREEMENT. This indemnity shall survive completion of the PROJECT and the Services and termination of this AGREEMENT. 2. Neither CITY, its staff, contractors, or consultants shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of SCRRA, or the Operating Railroads as identified by SCRRA, under or in connection with the Services, work, authority or obligation agreed to by SCRRA under this AGREEMENT. SCRRA shall indemnify, defend and hold harmless CITY, as well as their staff, contractors, and consultants ("CITY Indemnities") 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 CITY Indemnities arising out of or connected with any negligent acts or omissions on the part of SCRRA, any Operating Railroads as identified by SCRRA, as well as their respective board members, officers, agents,volunteers, contractors or employees under or in connection with any aspect of the Services, work, authority or obligation agreed to by SCRRA under this AGREEMENT. This indemnity shall survive completion of the PROJECT and the Services and termination of this AGREEMENT. 3. Termination for Convenience: Either Party may terminate this Agreement by providing thirty(30) days written notice of its intent to terminate for convenience to the other Party. 4. Acceptance by SCRRA shall mean only that the design meets the standards of SCRRA, and such acceptance by SCRRA shall not be deemed to mean that the design or construction is structurally sound and appropriate or that the design meets applicable regulations, laws, statutes, local ordinances,building codes, or any combination thereof. 5. In addition to the rights and obligations established in Sections III.1. and III.2. herein, and 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 EXHIBIT 5 Santa Ana Blvd. Grade Separation—City of Santa Ana SCRRA Project No: TBA Design Services Agreement SCRRA File No.: TBD Orange Subdivision. MP 175.13 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 that party's 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 party agrees to indemnify and hold harmless the other for any cost or expense that may be imposed upon such other solely by virtue of said §895.2. The provisions of Civil Code §2778 are made a part hereof as if incorporated herein. Should any rights or obligations in this Section III.3. be in conflict with Sections III.1. and III.2., above, the rights and obligations established in this section shall prevail. 6. This AGREEMENT contains the entire understanding of the PARTIES and cannot be amended or modified except by a written amendment executed by both PARTIES. 7. To the extent reasonably practicable, SCRRA and CITY shall work to resolve any disputes in a timely manner to avoid delay costs. 8. The unenforceability, invalidity, or illegality of any provision of this AGREEMENT shall not render the other provisions unenforceable, invalid, or illegal. 9. If any term,provision, covenant or condition of this Agreement is held to be invalid,void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 10. In addition to the specific provisions of this AGREEMENT, delay in performance by any party hereunder shall not be a default where delays or defaults are due to war; insurrection; strikes; lock-outs; riots; floods; earthquakes; weather; fires; casualties; accidents; emergencies; acts of God; acts of the public enemy; epidemics; quarantine restrictions; -9- EXHIBIT 5 Santa Ana Blvd. Grade Separation-City of Santa Ana SCRRA Project No: TBA Design Services Agreement SCRRA File No.:TBD Orange Subdivision MP 175.13 freight embargoes; lack of transportation; unusually severe weather; Federally-mandated inspections and maintenance; and/or any other causes beyond the control or without the fault of the party claiming an extension of time for any such cause. An extension of time for any such cause shall only be for the period of the enforced delay, which period shall commence to run from the time of commencement of the cause. 11. This AGREEMENT shall be construed and interpreted under the laws of the State of California, 12.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 Alvaro Nunez Justin Fornelli,RE. -City Manager Chief,Program Delivery -City of Santa Ana Southern California Regional Rail Authority 20 Civic Center Plaza,Ross Annex M-36) 2558 Supply St,Bldg.A Santa Ana, CA 92701 Pomona, CA 91767 13.Force Majeure: Either Party shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to; any incidence of fire, flood; act of God; commandeering of material,products,plants or facilities by the federal, state or local government;national fuel shortage; or a material act or omission by the other Party; when satisfactory evidence of such cause is presented to the other Party, and provided further that such nonperformance is unforeseeable,beyond the control and is not due to the fault or negligence of the Party not performing. This Agreement shall be made effective upon execution by both Parties. _1a_ EXHIBIT 5 Santa Ana Blvd. Grade Separation—City of Santa Ana SCRRA Project No: TBA Design Services Agreement SCRRA File No.:TBD Orange Subdivision MP 175.13 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 SANTA ANA RAIL AUTHORITY Darren Digitally signed by Darren V M.Kettle By: Kettle ���a2026.03.2615:00:00 By. Darren M. Kettle Alvaro Nunez Chief Executive Officer City Manager Date: Date: V2,6 APPROVED AS TO FORM: APPROVED AS TO FORM: Sonia R. Carvalho Don O. Del Digitally signed by Don 0. City Attorney Del Rio `b� Rio Date:2026.03.24 22:21:04 By: -07'00' By: Don O. Del Rio e Nellesen General Counsel Assistant City Attorney Date: Date: March 4, 2026 ATTEST: NNIF LL City Cle RECO D FOR APPROVAL O'rgiGl ly signed by flodoila flosas Rodolfo Rosas° cngdpiio�a,nmali ns Pan,a ana og.a=li5 Oatz 201G.04.06 k4:16:18-0]'97 RODOLFO ROSAS,P.E. Acting Executive Director Public Works Agency -11- EXHIBIT b Santa Ana Blvd. Grade Separation--City of Santa Ana SCRRA Project No: TBA Design Services Agreement SCRRA File No.:TBD Orange Subdivision MP 175.13 EXHIBIT "A" SANTA ANA BLVD GRADE SEPARATION DESIGN SERVICES AGREEMENT BUDGETED SCHEDULE AND COST -12- EXHIBIT 5 Santa Ana Blvd. Grade Separation—City of Santa Ana SCRRA Project No: TBA Design Services Agreement SCRRA File No.: TBD Orange Subdivision MP 175.13 Date 6/11/2025 SCRRA Project No. TBA Project Name Santa Ana Blvd Grade Separation Project Schedule Estimated Jul 2025 to Apr ZOZB QUANTITY NO. ITEM No.of Meeting Hours No.of Total UNIT UNIT COST TOTALCOST Months per Persons Month General Description of Services 1.0 Meetings a PDT Meetings(virtual) 28 1 2 1.5 84 HR $250.00 $21,000.00 b Inter-Departmental and Focus Meetings 28 1 2 3 168 HR $250.00 $42,000.00 Sub-Total 252 HR $63,000.00 2.0 Project Managementand Administration a Progress reports/Invoicing 28 1 2 1 56 HR $250.00 $14,000.00 b General PM Work 28 1 4 1 112 HR $250.00 $28,eaa.00 Sub-Total 168 HR $42,000.00 3.0 Document Review/Design Support a Review Design Documents Preliminary Design 8 3 24 HR $250.00 $6,000.00 30%Design 8 3 24 HR $250.00 $6,000.00 60%Design 8 3 24 HR $250.00 $6,000.00 90%Design 8 3 24 HR $250.00 $6,000.00 MCI%Design 8 3 24 HR $250.00 $6,000.00 Final 8 3 24 HR $250.00 $6,000.00 b SCRRA On-Call Consultant Support LS $70,000.00' $70,000.00 c CPUC/GO88-BSupport 24 2 48 HR $250.00 $12,000.00 d Site visits/Field Meetings 4 1 4 2 32 HR $250r00 $8,000.00 Sub-Total 224 HR $126,000.00 4.0 Right of Entry a Administrative/Application Review Fees 1 LS $3,888.25 $3,888.25 b Standard Plan Review 1 LS $3,090.00 $3,090.00 c Flagging 2 LS $1,800.00 $3,600.00 d Safety Training 14 EA $230.00 $3,220.0C e Signal Cable Marking 2 EA $2,000.00 $4,000.00 f Contingency 1 LS $7,500.00 $7,500.00 Sub-Total $25,298.25 5.0 Funding Agreement Development(Construction) a Construction and Maintenance Agreement Development 30 2 60 HR $250.00 $15,000.00 Sub-Total 60 HR $15,000.00 Sub-Total $271,298.25 Contingency 161A $43,701.75 TOTAL ESTIMATED COST $315,000 00 Notes: 1 The cost of the SCRRA services shown is an estimate only and SCRRA will be reimbursed on the basis of actual costs and expenses. SCRRA to be reimbursed for the actual costs and expenses incurred by SCRRA and its contractors/consultants for all services and work 2 performed in connection with this project,including an allocated overhead representing SCRRA's casts for administration and management. The above costs include SCRRA support costs through the design phase and do not include providing design. SCRRA can utilize approved 3 signal design vendor to provide signal design for additional fee. _13_