Loading...
08-1110_ORANGE,COUNTY OF_Agenda Report_G1a 211912013 Gla1775 City of San Juan apistrano Agen ort TO: Karen P. Brust, City Mna FROM: James G. Ross, Interim P1r, Works Director Prepared by: Alan Oswald, Senior Engineer- Traffic DATE: February 19, 2013 SUBJECT: Consideration of Amendment No. 3 to Cooperative Agreement No. C-8-0861 with Orange County Transportation Authority (OCTA) for Railroad Grade Crossing Safety Enhancements and Safety Measures Related to Quiet Zone Implementation RECOMMENDATION: By motion, approve Amendment No. 3 to Cooperative Agreement No. C-8-0861 with OCTA for Railroad Grade Crossing Safety Enhancements and Safety Measures related to Quiet Zone Implementation and extend the term of the agreement to June 30, 2013. EXECUTIVE SUMMARY: OCTA has completed all physical improvements for the Grade Crossing Safety Enhancements and Safety Measures Project (OCX), which included the improvements necessary for Quiet Zone implementation. In order to allow time for final accounting and invoicing to complete project closeout, OCTA is requesting to extend the terms of the Cooperative Agreement to June 30, 2013. DISCUSSION/ANALYSIS- This third amendment to the Cooperative Agreement will extend the terms of the Cooperative Agreement to June 30, 2013, to allow additional time to close out the project. Previously, the City Council approved Cooperative Agreement No. C-8-0861, with an expiration date of December 31, 2009. Amendment No. 1 extended the Cooperative Agreement to August 31, 2012, due to delays in the project construction start. City Council Agenda Report February 19, 2013 Page 2of2 Amendment No. 2 addressed additional City cost(s) due to increased construction labor costs and additional Southern California Regional Rail Authority (SCRRA) requirements not included in the original estimate. All other terms of the agreement will remain unchanged. FISCAL IMPACT: Not applicable. ENVIRONMENTAL IMPACT: Not applicable. PRIOR CITY COUNCIL REVIEW: • City Council approved Cooperative Agreement No. C-8-0861 on September 16, 2008. • City Council approved Amendment No. 1 on January 28, 2010. • City Council approved Amendment No. 2 on July 6, 2090. COMMISSION/COMMITTEEIBOARD REVIEW AND RECOMMENDATIONS: Not applicable. NOTIFICATION: Jennifer Bergener, OCTA Trisha Krinke, OCTA (Notified by e-mail) ATTACHMENT(S): Attachment 1 --Amendment No. 3 to Cooperative Agreement No. C-8-0861 Attachment 2 — Cooperative Agreement No. C-8-0861 Attachment 3 —Amendment No. 1 to Cooperative Agreement No. C-8-0861 Attachment 4 —Amendment No. 2 to Cooperative Agreement No. C-8-0861 s i 1 AMENDMENT NO. 3 TO 2 AGREEMENT NO. C-8-0861 3 BETWEEN 4 ORANGE COUNTY TRANSPORTATION AUTHORITY s AND 6 CITY OF SAN JUAN CAPISTRANO 7 FOR s RAIL-HIGHWAY GRADE CROSSING SAFETY ENHANCEMENTS 9 AND 10 SAFETY MEASURES RELATED TO QUIET ZONE IMPLEMENTATION FOR CITIES II THIS AMENDMENT NO. 3 is made and entered into this day of , 12 2013, by and between the Orange County Transportation Authority, ("AUTHORITY"), and the City of 13 San Juan Capistrano ("CITY`). 14 WITNESSETH: E is WHEREAS, by Agreement No. C-8-0661 dated November 10, 2008, as previously changed s 16 by Amendment No. 2 dated August 23, 2010, AUTHORITY and CITY entered into a cooperative 17 agreement for the rail highway grade crossing safety enhancements and safety measures related to a i is quiet zone implementations; and I9 WHEREAS, AUTHORITY and CITY agree to extend the term of the agreement for ten (10) 20 months to June 30, 2013 to allow for project closeout; and 21 NOW, THEREFORE, it is mutually understood and agreed that Agreement No. C-8-0851 is 22 hereby amended in the following particulars only: 23 1. Amend ARTICLE 9. ADDITIONAL, PROVISIONS, page 11 of 14, Paragraph B, as last 24 amended by Amendment No. 1 to delete "August 31, 2012, as the expiration date of the Agreement 25 and in lieu thereof, insert "June 30, 2013". 26 The balance of Agreement No. C-8-0861 remains unchanged. Attachment 1 i AMENDMENT NO. 3 TO AGREEMENT NO. C-8-0861 1 This Amendment shall be made effective upon execution by all parties. 2 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 3 to 3 Agreement No. C-8-0861 to be executed on the date first above written. 4 CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY TRANSPORTATION AUTHORITY 5 6 By: By: 7 John Taylor Meena Katakia Mayor Manager, Capital Projects 8 ATTEST: APPROVED AS TO FORM: 9 10 By: By: Maria Morris Kennard R. Smart, Jr. 1 City C16—k""\ General Counsel 12 ByO 4. k: 13 Hans Van I_igten City Attorney 14 15 Date: 16 17 18 19 20 21 22 23 24 25 6 Page 2of2 COOPERATIVE AGREEMENT NO. C-8-0861 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SAN JUAN CAPISTRANO FOR RAIL-HIGHWAY GRADE CROSSING SAFETY ENHANCEMENTS AND SAFETY MEASURES RELATED TO QUIET ZONE IMPLEMENTATION FOR CITIES � 7z� This Cooperative Agreement ("AGREEMENT") is effective this &�fday of t)�4�,104w 2008, by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange, CA 92863-1584, a public corporation of the State of California (herein after referred to as "AUTHORITY"), and the City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, CA (herein after referred to as "CITY"). RECITALS: WHEREAS, AUTHORITY commissioned a report titled 'OCTA Grade Crossing Study" dated December 31, 2003 providing an assessment of conditions at rail-highway grade crossings ("grade crossings") located in Orange County and which provided recommendations for enhancements for both motorist and pedestrian safety consistent with current California Public Utilities Commission ("CPUC") grade crossing safety standards, and WHEREAS, AUTHORITY, at its June 13, 2005 Board of Directors' meeting, adopted the recommendation to proceed with the selected implementation strategy for a comprehensive Rail-Highway Grade Crossing Safety Enhancement Program ("PROGRAM") as set forth therein', and 5077941 Attachment 2 COOPERATIVE AGPEEivMENT NO. C-8-0861 WHEREAS, AUTHORITY, CITY, CPUC and Southern California Regional Rail Authority (SCRRA) conducted field diagnostic review meetings between May 22 and May 24, 2006 for all grade crossings under the jurisdiction of the CITY; and WHEREAS, SCRRA is an independent joint powers authority created and existing pursuant to California Public Utilities Code Section 130255 and California Government Code Sections 6500 of seq.; and WHEREAS, SCRRA will be responsible for the delivery of the PROJECT in accordance with the scope of work and agreement established with the AUTHORITY and SCRRA's Joint Powers Agreement budget.process; and WHEREAS, AUTHORITY, at its August 27, 2407 Board of Directors' meeting, adopted a recommendation to include into the PROGRAM improvements designed to help enable CITY to establish quiet zones; and WHEREAS, in consideration of the implementation strategy, diagnostic reviews and quiet zone considerations, CITY and AUTHORITY desire to cooperate and complete rail- highway grade crossing safety enhancements, as set forth in Exhibit A, at the grade crossings under the jurisdiction of the CITY, herein referred to as the "PROJECT"; and WHEREAS, the AUTHORITY and CITY agree to a cost sharing formula of 88 percent provided by the AUTHORITY and 12 percent provided by the CITY for the PROGRAM and improvements within the CITY's jurisdiction; and WHEREAS, the intent of the parties is that they PROJECT shall be implemented with the least amount of disruption to vehicle and rail traffic; and WHEREAS, CITY and AUTHORITY wish to enter this AGREEMENT to specify the roles, responsibilities, terms and conditions under which the PROGRAM is to be financed, designed, and constructed. Last Revision 48/26/08 Page 2 of 14 COOPERATIVE AGREEMENT T NO. C-8-0861 WHEREAS, CITY and AUTHORITY acknowledge that AUTHORITY's obligation is to fund and oversee the PROJECT under this AGREEMENT and AUTHORITY'S obligations under this AGREEMENT are contingent upon CITY's approval of environmental review of the PROJECT pursuant to the California Environmenal Quality Act; and WHEREAS, AUTHORITY's obligations under this AGREEMENT are subject to CITY'S approval of CITY's review of the PROGRAM pursuant to the California Environmental Quality Act; Public Resources Code section 21000 of seq("CEQA"), AUTHORITY shall have no obligations under this AGREEMENT, and the AGREEMENT shall have no force and effect, finless and until AUTHORITY determines, in its sole and absolute discretion, that CITY has completed and approved all applicable CEQA reviews and made any and all appropriate and applicable findings under CEQA as required by law. NOW, THEREFORE, it is mutually understood and agreed by CITY and AUTHORITY as follows: ARTICLE 1. COMPLETE AGREEMENT This AGREEMENT, including all exhibits and documents incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the terms and conditions concerning the work identified herein and prior representations, understandings and communications between the.parties. The invalidity in whole or partof any term or condition of this AGREEMENT shall not affect the validity of the other terms or conditions. Last Revision 68126/08 Page 3 of 14 COOPEPATIVP AGREEMENT NO. C-8-0861 ARTICLE 2. SCOPE OF SERVICES A. This AGREEMENT specifies the procedures that AUTHORITY and CITY will follow in connection with the work to be performed. AUTHORITY agrees to provide all improvements identified in Exhibit A, "Scope of Work", which by this reference is incorporated into this AGREEMENT subject to ARTICLE 5. Both AUTHORITY and CITY agree that each will cooperate and coordinate with the other in all activities covered by this AGREEMENT and any other supplemental agreements. B. The Scope of Work in Exhibit A relating to safety enhancements and quiet zone improvements, are based upon the report titled "OCTA Gracie Crossing Study„ dated December 31, 2003, and as refined during the diagnostic meetings discussed above, as well as subsequent discussions and recommendations by SCRRA. Enhancements to be included as part of this AGREEMENT are limited to those described in Exhibit A only. ARTICLE 3. RESPONSIBILITY OF THE AUTHORITY AUTHORITY agrees to the following, subject to the requirements of ARTICLE 5 of the AGREEMENT: A. AUTHORITY will enter into and maintain an agreement with SCRRA for design, CPUC crossing modification applications, construction management, material procurement, cost estimates and construction of rail-highway grade crossing enhancements, which include safety related improvements and quiet zone related improvements set forth in Exhibit A. B. AUTHORITY will fund the actual cost of improvements including right of way, utility relocations, and excluding CITY costs using funding provided by Commuter Urban Rail Endowment Funds, Renewed Measure M funds, and the required 12 percent funding match provided by CITY. Last Revision 08126/08 Wage 4 of 14 COOPERATIVE AGREEMENT NO. C-8-0861 C. AUTHORITY will retain program oversight by controlling the funding and by establishing program milestones and overseeing the PROJECT development. D. AUTHORITY staff will maintain active communications with CITY staff and provide CITY with public outreach support for the PROJECT and will assist in building consensus among affected parties in regard to the required enhancements. E. AUTHORITY will submit detailed monthly invoices to CITY for payment of CITY's required twelve percent local matching funds_ F. AUTHORITY will submit traffic control plans, including responses and revisions to City comments in an expeditious manner. O. AUTHORITY shall obtain, prepare, and furnish to CITY appraisal and legal descriptions (including maps) depicting the location and extent of the right-of-way and temporary construction easements to be acquired and preliminary title reports for each such parcel from a title insurance company acceptable to CITY. ARTICLE 4. RESPONSIBILITIES OF CITY CITY agrees to the fallowing, subject to the requirements of Article 5 of the AGREEMENT: A. CITY will advise AUTHORITY as early as possible of current, and a minimum of thirty (30) days in advance of any planned work in the vicinity of the crossings during the term of the PROJECT. B. CITY will provide AUTHORITY, within thirty (30) days of request by AUTHORITY, access to its record plans and survey data of CITY infrastructure that may assist in design of the PROJECT. Last Revision 08/25!08 Pane 5 of 14 COOPERATIVE AGREEMENT Na. C-8-0861 C. CITY, as the improvements desired herein are in part funded by CITY and therefore considered in part City improvements, shall be responsible for arranging for the relocation or protection of all private and public utilities impacted by the PROJECT and enforcing all utility agreements entered into by the CITY in accordance with the PROJECT schedule. D. CITY will review and provide comments on progress plans. CITY will review and approve final plans and as-builts for all street, civil and traffic signal improvements, including providing a CITY approval signature on final plans, in a timely manner, at no cost to AUTHORITY, SCRRA or the PROJECT, Reviews and approvals by CITY shall be complete within 30 to 60 days of receipt of plan submittals, CITY will ensure all applicable CITY departments, including field representatives, participate in said reviews. E. CITY will not charge any fees or assessment to SCRRA for any permits or licenses required for implementation of this PROJECT. CITY will provide construction inspection services, at its discretion, in a timely fashion, and at no cost to AUTHORITY, SORRA or the PROJECT, as necessary to satisfy CITY that work is being conducted in accordance with CITY-approved plans. Should CITY fall to provide services within seven (7) days of the request for service, the AUTHORITY may take necessary action to perform inspection services and will furnish CITY with a report of such service, if requested. F. CITY is responsible for right-of-way acquisition, including Temporary Construction Easements, any and all environmental clearances, and securing any and all necessary environmental or other approvals for the PROJECT. G. CITY will apply for Quiet Zone Status after all of the construction improvements are completed. H. CITY will, during the construction phase of the PROJECT, work with SORRA, and SCRRA's construction contractor(s) to approve requests by SORRA and/or SCRRA's contractor(s) to temporarily close individual grade crossings over weekend work windows Last Revision 08/26/08 Page 6 of 14 COOPERATIVE AGREEMENT NO. C-8-0861 .(work windows will be from Friday night, no earlier than 10:00 pm, to Monday morning, no later than 5.00 arra), for the purposes of constructing the PROJECT. At least 30 day advance notice shall be provided to CITY by SORRA and/or SCRRA's contractors) for any desired closures. No adjacent grade crossings shall be closed without written approval from the CITY. Alternate routes during street closers will be selected and communicated to affected parties by project contractor. 1. CITY will, within thirty (30) days of submittal to CITY, review and approve SCRRA's and/or SCRRA's contractor(s) traffic control plans for closing a crossing and detouring traffic. J. CITY will pay to AUTHORITY, within 30 days of submittal of invoice(s) from AUTHORITY, the requested portion of the CITY's 12 percent local matching funds for the PROJECT. Invoices shall be based on actual costs and shall not be limited to current estimated costs at the time of the AGREEMENT. K. CITY will be responsible for implementing a Public Awareness Campaign (PAC), which advises city, local businesses, residents, motorists, and media of PROJECT and construction-related activities. AUTHORITY shall provide its public outreach expertise and presentation materials for CITY. The contractor will work with the CITY to contact affected parties if project changes in schedule or scope occur. L. Should the CITY advance grade crossing improvements, in order for these improvements to be funded by AUTHORITY, they must meet SCRRA standards. Last Revision 038126108 Page 7 of 14 COOPERATIVE AGRl=.EME:Nu NO. C_8.086.1. M. The estimated expenditure schedule for CITY's local matching fund's is as follows: FISCAL YEAR CITY'S SHARE (12 percent) OF ESTIMATED PROJECT COST 2008/2009 $251,331 2009/2010 $588,440 Total $837,771 N. CITY will pay to AUTHORITY the entire cost of any CITY-requested betterments or enhancements not included in the Scope of Work described in Exhibits A. Q. CITY will, at its option, initiate and apply to the Federal .Railroad Administration for establishment of a quiet zone. Quiet zone is defined as a segment of the rail line, wherein is situated one or a number of consecutive public rail-highway crossings at which locomotives horns are not routinely sounded (49 CFR 222.9). CITY will ensure that they fallow SCRRA Quiet.Zone Implementation Guidelines and Procedures, which can be accessed through SCRRA's website www.metrolinktrains.com, sub-sections "About US," then 'Public Project,,' and then "Grade Crossing Section." P. . CITY will, prior to allocation of any construction funding by AUTHORITY or commencement of any construction activity, enter into a separate Construction and Maintenance Agreement (C&M Agreement) with SORRA. The C&M Agreement will establish the rights and obligations of each party relating to the construction and maintenance of the subject crossings. Q. CITY will provide its traffic signal.data to AUTHORITY for use by the railroad crossing predictor. This data will be used to facilitate traffic signal preemption by the railroad crossing. Last Revision 08126/08 Page 8 of 14 COOPERATIVE AGREEMENT NO. C-8-0861 ARTICLE 5. CALIFORNIA ENVIRONMENTAL QUALITY ACT AUTHOR€TY's obligations under this AGREEMENT are subject to CITY'S successful completion of CITY's review of the PROJECT pursuant to the California Environmental Quality Act, Public Resources Cotte section 21000 et seq ("CI W). AUTHORITY shall have no obligations under this AGREEMENT, and the AGREEMENT shall have no farce and effect, unless and until AUTHORITY determines, in its sole and absolute discretion, that CITY has completed all applicable CEQA review and made any and all appropriate and applicable findings under CEQA as required by law. ARTICLE 6. DELEGATED AUTHORITY The actions required to be taken by CITY in the implementation of this AGREEMENT are delegated to its City Manager, or his designee, and the actions required to be taken by AUTHORITY in the implementation of this AGREEMENT are delegated to its Chief Executive Officer. ARTICLE 7. AUDIT AND INSPECTION AUTHORITY and CITY shall.maintain a complete set of records in accordance with generally accepted accounting principles. Upon reasonable notice (30 days) , AUTHORITY shall permit the authorized representatives of the CITY to inspect and audit all work; materials, payroll, books, accounts, and other data and records of AUTHORITY for a period of four (4) years after final payment, or until. any ort-going audit is completed. For purposes of audit, the date of completion of this AGREEMENT shall be the date of CITY's payment of AUTHORITY's final billing (so noted on the invoice) under this AGREEMENT. CITY shall have the right to reproduce any such books, records, and accounts. The above provision with respect to audits shall extend to and/or be included in contracts with AUTHORITY'S contractors, including SCRRA and its contractors. Last Revision 08/26/08 Page 9 of 14 COOPERATIVE AGREEMENT NO. C-8-o86i ARTICLE 8. INDEMNIFICATION A. AUTHORITY shall defend, indemnify and hold harmless the CITY, its officers, agents, elected officials, and employees, from all liability, claims, lasses and demands, including defense costs and reasonable attorneys' fees, whether resulting from court action or otherwise, arising out of the acts or omissions of AUTHORITY, its. officers, agents, or employees, in the performance of the AGREEMENT, excepting acts or omissions directed by the CITY, its officers, agents, or employees, acting within the scope of their employment, for which the CITY agrees to defend and indemnify AUTHORITY in alife manner. CITY shall defend, indemnify and hold harmless the AUTHORITY, its officers, agents, elected officials, and employees, from all liability, claims, losses and demands, including defense costs and reasonable attorneys' fees, whether resulting from court action or otherwise, arising out of the acts or omissions of the CITY, its officers, agents, or employees, in the performance of the AGREEMENT, excepting acts or omissions directed by the AUTHORITY, its officers, agents, or employees, acting within the scope of their employment, for which the AUTHORITY agrees to defend and indemnify AUTHORITY in a like manner. This indemnity shall survive even after the termination of this AGREEMENT. B. CITY shall defend, indemnify and hold harmless the SCRRA and its member agencies, including the AUTHORITY, as well as their respective board members, officers, agents, volunteers, contractors, operating railroads, 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 the CITY, its council, officers, agents, contractors, or employees under or in connection with any work, authority or jurisdiction delegated to the CITY related to Last Revision 08/26108 Page 10 of 14 COOPERATIVE AGREEMEN. NO. C-8-0861 establishment and operation of a Quiet Zone at a rail-highway grade crossing. This indemnity shall survive even after the termination of this AGREEMENT. ARTICLE 9. ADDITIONAL PROVISIONS The AUTHORITY and CITY agree to the following mutual responsibilities for PROJECT: A. AUTHORITY and CITY will jointly participate in progress, coordination and , additional field diagnostic team meetings as needed to implement the PROJECT. & Term of Agreement — All work must be completed pursuant to the PROJECT schedule identified in Exhibit A and no later than December 31, 2009, This AGREEMENT shall continue in full force and effect through December 31, 2009,,unless terminated earlier, or extended, by mutual written consent by both Parties. C. This AGREEMENT may be amended in writing at any time by the mutual consent of both parties. No amendment shall have any force or effect unless executed in writing by both parties. D. Notices — Any notices, requests, or demands made between the Parties pursuant to this AGREEMENT 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 COOPERATIVE Agreement, and to whom notices, demands and communications shall be given are as follows: Last Revision 08126/08 Page 11 of 14 COOPERATIVE AGREEMENT NO. C-8-0861 To CITY: To AUTHORITY: Mr, Nasser Abbaszadeh Darre[.I Johnson Public Works Director/City Engineer Director, Transit Project Delivery Public Works Department Orange County Transportation Authority City of San Juan Capistrano 550 South Main Street 32400 Paseo Adelanto P. O. Box 14184 San Juan Capistrano, CA 92875 Orange, CA 92883-1584 E-mail: E-mail: djohnson@octa.net Nabbaszadeh@sanjuancapistrano.org Telephone: (714) 660-5343 Telephone: (949) 443-6398 Facsimile: (714) 560-5794 Facsimile: (949) 493-1251 If there are any changes in the above names and/or addresses, the party desiring to make such change shall give a written notice to the other respective party within five (5) days of such change. E. The provision of this AGREEMENT shall bind and inure to the benefit of each of the parties hereto and all successors or assigns of the parties hereto. F. Severability — 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. G. Counterparts ..of Agreement — This AGREEMENT may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same agreement. Facsimile signatures will be permitted. Last Revision 08/25/08 Page 12 of 14 COOPERATIVE AGREEIMENT NO, C-8-0861 H. 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; acts 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. I, Assignment — Neither this AGREEMENT, nor any of the Parties rights, obligations, duties, or authority hereunder may be assigned in whole or in part by either Party without the prior written consent of the other Party in its sole, and absolute, discretion. Any such attempt of assignment shall be deemed void and of no force and effect. Consent to one assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. J. Obligations To Comply with Law — Nothing herein shall be deemed nor construed to authorize or require any Party to issue bonds, notes, or other evidences of indebtedness under the terms, in amounts, or for purposes other than as authorized by local, state or federal law. K. Governing Law — The laws of the State of California and applicable local and federal laws, regulations and guidelines shall govern this AGREEMENT. L. Legal Authority — Signators of AUTHORITY and CITY hereto warrant that they are duly authorized to execute this AGREEMENT on behalf of said respective Parties and that, by so executing this AGREEMENT, the Parties hereto are formally bound to the provisions of this AGREEMENT. Last Revision 08126/08 Page 13 of 14 COOPERATIVE AGREEMENT NO. C-8-0861 This AGREEMENT shall be effective upon execution by both parties. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT No. C- 8-0861 to be executed on the date first above written. CITYOFSAN UANKAPISTRANO ORANGE COUNTY TRANSPORTATION AUTHORITY xt YYOFAN UAN'P1 S By: By-,- i j Soto Soto Arthur T. Leahy ayor Chief Executive Officer ATTEST: APPROVED AS TO FORM: By: A'A�U BY: Me Monahan Kennard R. art Cit Clerk "V, General Counsel By: R a� IAPPVEED AS TO FORM- APPROVAL RECOM ED: e'-- T ornas P. Clar,, r. Kia Mortazavi Special Cou el Executive Direct evelbpment Date: •0,!f Date- I / Last Revision.-08/26/08 Page 14 of 14 EXHIBIT "A" OCTA GRADE CROSSING SAFETY ENHANCEMENT PROGRAM SCOPE OF WORK San Juan Capistrano Oso Road - A. General Notes: 1. Verify existing condition and location of utilities. 2. Obtain necessary construction permits. 3. Complete Mobilization, Demobilization and Traffic Control. 4. Protect existing utilities. B. Pedestrian Treatments: I. Install scaring gate(s) and railing. 2. Install automatic pedestrian gate(s). 3. Install Pedestrian truncated domes. 4. Compliance with ADA requirements. C. Miscellaneous Street Improvements- 1, mprovements-1. Install new curb and curb &gutter. 2. Remove existing and install new raised Median Island including finish. 3. Install concrete sidewalk and ADA ramp, including pedestrian safety enhancements, where necessary.. 4. Trim vegetation for better line of sight. . Install new, maintain existing, and remove conflicting traffic control devices including signing, striping, pavement legends and curb painting. D. Railroad Improvements: 1, Install Concrete Crossing Panel and Remove Rubber Crossing Panels 2. Install Grade Crossing Improvements. 3. Install Signal Improvements and Active Warning Devices E. Traffic Improvements: 1. New eastbound pre-signal. Del Obispo Street- A. General Notes: 1. Verify existing condition and location of utilities. 2. Obtain necessary construction permits. 3. Complete Mobilization and Demobilization 4. Protect existing utilities. B. Pedestrian Treatments: 1. Install swing gate(s) and railing. 2. Install automatic pedestrian gate(s). 3. Install Pedestrian truncated dames. 4. Compliance with ADA requirements. C.. Miscellaneous Street Improvements: 1, Install new curb and curb & gutter. 2. Install new raised Median Island including finish only along Del Obispo. 3. Install new, maintain existing, and remove conflicting traffic control devices including signing, striping, pavement legends and curb painting, 4. Install exit gates along Del Obispo D. Railroad Improvements: 1. Install Concrete Crossing Panel and Remove Rubber Crossing Panels 2. Install Grade Crossing Improvements. 3, Install Signal Improvements and Active Warning Devices E. Traffic signal Improvements: 1. New eastbound and westbound queue cutter signals. La Zanja .Street- A. General Notes: 1. Verify existing condition and location of utilities. 2. Obtain necessary construction permits. 3. Complete Mobilization, Demobilization and Traffic Control. 4. Protect existing utilities. B. Pedestrian Treatments-, 1, Install swing gate(s) and railing. 2. Install automatic pedestrian gate(s), 3. Install Pedestrian truncated domes. 4. Compliance with ADA requirements. C. Miscellaneous Street Improvements: 1. Install new curb, 2. Install new raised Median Island including finish. 3. Install new, maintain existing, and remove conflicting traffic control devices including signing, striping, pavement legends and curb painting, D. Railroad Improvements, 1. Install Concrete Crossing Panel and Remove Rubber Crossing Panels 2. Install Grade Crossing Improvements. 1 Install Signal Improvements and Active Warning Devices E. Traffic Signal Improvements, 1. New westbound pre-signal and improvements to existing signal at La Zanja and Camino Capistrano. Avenida Aeropuerto - A. General Notes: 1, Verify existing condition and location of utilities. 2. Obtain necessary construction permits- 3, Complete Mobilization, Demobilization and Traffic Control. 4. Protect existing utilities. B. Pedestrian Treatments: 1. Install swing gate(s) and railing, 2. Install automatic pedestrian gate(s). 3. InstMI Pedestrian truncated domes. 4. Compliance with ADA requirements. C. Miscellaneous Street Improvements: 1. Install new curb 2. Install new raised Median Island including finish, 3. Install new, maintain existing, and remove conflicting traffic control devices including signing, striping, pavement legends and curb painting. D. Railroad Improvements, 1, Install Concrete Crossing Panel and Remove Rubber Crossing Panels .2. Install Grade Crossing Improvements. 3, Install Signal Improvements and Active Warning Devices Verclugo - A. General Notes: 1. Verify existing condition and location of utilities. 2, Obtain necessary construction permits. 3. Complete Mobilization, Demobilization and Traffic Control. 4. Protect existing utilities. B. Pedestrian Treatments: 1. Install swing gate(s) and railing. 2, Rernove existing gate arm & install 32' gate arm, COST ESTIMATE ©range County Grade Crossing Safaty Improvement Program S:4N,ft1ANC PIS{1tltNO Scftntia 44.8 GI bf San Joan Ca ,1 ar�cho Ca 1s€rana; COST ESTIMATE Orange County Grade Crossing Safety Improvement Program UPON COMPLETION OF.THE GRADE CROSSING REHAB,PLACE 8"A;C. PAVEMENT BETWEEN THE TRACKS AND APPROACHING THE TRACKS, GRADE CROSSING REHAB WILL BE PERFORMED DURING NIGHTS AND 02513-08 WEEKENDS. SF 470 $13 $8,110 02528-03 8"DOWELED CONCRETE CURB LF 375 $18 $6,750 6"PCC SIDEWALK(EXCAVATION,WATES OI=FSITE, IMPORT AND GRADING 02528-06 SHALL BE CONSIDERED INCIDENTAL WORK) SF 1,070 $20 $21,400 PLACE STAMPED CONCRETE IN MEDIAN ISLAND.THE UNIT PRICE INCLUDE SAND BACKFILL AS REQUIRED TO PLACE SPECIFIED AC THICKNESS FLUSH 02528-11 WITH TCP OF CURB SF 536 $15 $8,040 02528-13 ADJUST UTILITY VAUL,MAN HOLE,VALVE, PULL BOX TO GRAE EA 1 $500 $500 02580-01 SIGNING LS 1 $6.350 -$6,350 €72580-02 STRIPING LS 1 $6,295 $6,295 02620-05 4'HIGH WELDED WIRE MESE-(FENCE LF 78 $20 $1,560 02820-06 12"PIPE GATE PER SORRA STD.PLAN 2915. EA 4 $3.000 $12,0(70 05520-01 HAND RAILING PER A.P.W.A,STD.PLAN 606-2,'TYPE A LF 10 $70 $700 SELF CLOSING SWING GATE ASSEMBLY INCLUDING FABRICATION, 05521-01 FOUNDATION,AND INSTALLATION EA 41 $14 800 1 $59,200 09616-01 ADA DETACTABLE WARNING SURFACE SF 64 $45 $200 2890-19 TRAFFIC SIGNAL IMPROVEMENTS-LA 7_ANJA STREET LS 1 $296,{}00 $296,000 8000-01 RAILROAD SIGNAL,AND RR ACTIVE WARNING DEVICES- BY OTE-tERS} LS 1 $5841000 $584,000 CONSTRUCTION SUBTOTAL, $1,095,097 CONTINGENCY $109,510 Schedule 46B-C&of San Jean Capistrano,La Zana Street Crossing TOTAL $1,244,607 .rcS4lM9 ':: . . . ...".: r m - - 01570-01 MAINTENANCE AND PROTECTION OF TRAFFIC LS 1 $5,000 $5,000 . 02580-01 SIGNING LS 1 $0 $0 02580-02 STRIPING LS 1 $0 50 05520-01 HAND RAILING PER A.P.W.A.STD,PLAN 606-2,TYPE A LF 120 $60 $7,200 SELF CLOSING SWING GATE ASSEMBLY INCLUDING FABRICATION, 05521-01 FOUNDATION,AND INSTALLATION EA 2 $14,800 $29,600 8000-01 RAILROAD SIGNAL AND RR ACTIVE WARNING DEVICES- (BY OTHERS) LS 1 so $0 CONSTRUCTION SUBTOTAL $41,800 CONTINGENCY1 $4,180 Schedule 47B-City of San Juan Capistrano,Verde o Crossing TOTALI $45,980 �chetlule.48$,�"City"of.San.tualGap,.[3a!'Ob,rspe+Wirt, et�rrossirsg 01570-01 MAINTENANCE AND PROTECTION OF TRAFFIC LS 1 $10,000 $10,000 02050 13 SAWCU T LF 336 $3 $1,008 02050-12 DEMOLISH AND REMOVE EXISTING MEDIAN AND CURB SF 248 $6 $1,488 02050-13 SAWCUT LF 19 $20 $380 EXTEND EXISTING CMP CULVERT INCLUDING DEMOLITION,EXCAVATION, 02436-D1 AND EARTHWORK LF 10 $240 $2,400 CONSTRUCT PIPE CULVERT HEADWALLS PER CALTRANS STD,PLANS 2006 1089.THIS ITEM iNLCU[DE DEMOLITION,EXCAVATION AND EARTHWORK AS 02436-02 IREQUERED EA 1 $3,000 $3,00_0_ 02469-02 REHAB EXISTING GRADE CROSSING PANELS BY{OTHERS TF 0 $0 $0 02513-01 COLD MILL 2.5"AC SF 1,555 $2 $3,110 02513-02 2.5"AC PAVEMENT SF 1,555 $4 $6,220 02513-04 7"Ac,PAVEMENT SF 729 $11 $8,019 VARIABLE A.G.PAVEMENT AT END OF CROSSING PANELS PER SCRRA STD, 02513-05 PLAN 2006 SF 120 $15 $1,80$ REMOVE 4"TO 8" AC PAVEMENT AND COORDINATE WITH OTHERS TO 02513-06 INSTALL THE RAILROAD SIGNAL CONDUCTIVE LOOPS SF 1,835 $3 $5:505 INSTALL 4"TO 8"AC AS REQUIRED.COORDINATE WITH OTHERS TO ENSURE RAILROAD SIGNAL CONDUCTIVE LOOPS ARE TOPPED WITH 4"AC 4 02513-07 IN TWO LIFTS SF 1,835 $6 $14,680 REMOVE EXISTING PAVEMENT AND BASE AND INSTALL NEW AC PAVEMENT AND BASE TO MATCH.IwXISTING PAVEMENT SECTION(Nv NIMUM 02513-09 4"AC OVER 8"AB) SF 210 $15 $3,150 02528-03 8"DOWELED CONCRETE CURB I LF 410 $18 $7,380 6"POC SIDEWALK(EXCAVATION,WATES OFFSITE, It AND GRADING 02528-06 SHALL BE CONSIDERED INCIDENTAL WORK) SF 1,203 $20 $24,060 PLACE STAMPED CONCRETE IN MEDIAN ISLAND.THE UNIT PRICE INCLUDE SAND BACKFILL AS REQUIRED TO PLACE SPECIFIED AC THICKNESS FLUSH 02528-11 WITH TOP OF CURB SF 847 $15 1 $12,705 Run.".8117108 100%Submittal 8115)2008 COST ESTIMATE Orange County Grade Crossing Safety Improvement Program 02580-61 SIGNING LS 1 $9,10Q $9.100 02580-02 STRIPING LS 1 $6,593 $6,593 02820-01 4'HIGH WELDED WIRE MESH FENCE LF 131 $15 $1,955 0552G-01 HAND RAILING PER A.P.W.A.STD.PLAN 606-2,TYPE A LF 40 $BO $2,400 SELF CLOSING SWING GATE ASSEMBLY INCLUDING FABRICATION, 05521-01 FOUNDATION,AND INSTALLATION EA 4 $14,8001 $59,200 09615-fl1 ALTA OETACTABLE WARNING SURFACE SF 64 $45 .$2,880 2690-20 'TRAFFIC SIGNAL IMPROVEMENTS-DEL OBISPO ST LS 1 5253,250 $253,250 8000-01 RAILROAD S€GNAT.AND RR ACTIVE WARNING DEVICES_ (BY OTHERS' LS 1 $542,000 $542,000 CONSTRUCTION SUBTOTAL $982.293 CONTINGENCY $98,229 Schedule 488-City of San Juan Capistrano,Del Obispo Street Crossing TOTAL. $1,080,622 Scfieriule 4915r-City or5art i tar iCap,Ave:nista!ke'rdNerko 0r.bs Ob " 01570-01 MAINTENANCE AND PROTECTION OF TRAFFIC LS 1 $10,000 $10,000 02458-02 REHAB EXISTING GRADE CROSSING PANELS 8Y Q 'HERS) T F 104 $0 $0 02459-02 REHAB EXISTING GRADE CROSSING PANELS BY OTHERS TF 48 $1,200 $57,600 1 02513-04 7-AC PAVEMENT SF 519. $11 $5,709 VARIABLE A.C.PAVEMENT AT END OF CROSSING PANELS PER SORRA STD, 02513-05 PLAN 2006 SF 120 $15 $1,800 UPON COMPLETION OF THE GRADE CROSSING REHAB,PLACE 8"A.C: PAVEMENT BETWEEN THE TRACKS AND APPROACHING THE TRACKS. GRADE CROSSING REHAB WILL BE PERFORMED DURING NIGHTS AND 42513-08 WEEKENDS. SF 900 $13 $11,700 02526-03 8"DOWELED CONCRETE CURB LF 455 $18 $8,190 6"PCC SIDEWALK(EXCAVATION,WATES OFFSITE, IMPORT AND GRADING 02528-06 Si-TALL BE CONSIDERED INCIDENTAL WORK) SF 858 $25 $21,450 PLACE STAMPED CONCRETE IN MEDIAN ISLAND,THE UNIT PRICE INCLUDE SAND BACKFILL AS REQUIRED TO PLACE SPECIFIED AC THICKNESS FLUSH 02528-11 WITH TOP OF CURB SF 1,665 $12 $19,950 0252$-13 ADJUST UTILITY VAUL,MAN HOLE,VALVE,PULL BOX TO GRAS EA 1 $500 $500 02580-01 SIGNING LS 1 1 $4,150 $4,150 02580-02 STRIPING LS 1 $4,440 $4,440 02820-01 4'HIGH WELDED WIRE MESH FENCE LF 227 $15 $3,405 EXTEND EXISTING DOUBLE BOX CULVERT WITH CAST IN PLACE REINFORCEO CONCRETE ROUBLE BOX CULVERT WITH HEADWAL AND WING WALL INCLUDING STRUCTURAL EXCAVATION AND BACKFILL(LUMP SUM PRICE AT THIS LOCATION INLCUDE-CULVERT EXTENSION ON BOTH 03300-02 SIDES OF THE STREET) EA 1 $40x000 $40,000 05520-01 HAND RAILING PER A.P.W,A,STD,PLAN 506-2,TYPE A LF 20 $60 $1,200 SELF CLOSING SWING GATE ASSEMBLY INCLUDING FABRICATION, 05521-01 FOUNDATION,AND INSTALLATION EA 4 $14,800 $59,200 09616-01 ADA DETACTABLE WARNING SURFACE SF 64 $45 $2,880 800001 RAILROAD SIGNAL AND RR ACTIVE WARNING DEVICES-- (BY OTHERS). LS 1 $339,000 $339.000 CONSTRUCTION SUBTOTAL $591,204 CONTINGENCY $59,12fl Schedule 498-Cit of San Juan Capistrano,Avenida Aeropuerto Crossing TOTAL $650,324 Rur...8117108 100%Submittal 8/15/2068 �is�.rtk]utE�: Rcc4un�ln� I AMENDMENT NO. 1 TO 2 AGREEMENT NO. C-8-0861 Dept Ven��s 3 BETWEEN P.A• 4 ORANGE COUNTY TRANSPORTATION AUTHORITY s AND G CITY OF SAN JUAN CAPISTRANO 7 FOR 8 RAIL-HIGHWAY GRADE CROSSING SAFETY ENHANCEMENTS 9 AND 10 SAFETY MEASURES RELATED TO QUIET ZONE IMPLEMENTATION FOR CITIES v 11 THIS AMENDMENT NO. 1 is made and entered into this e4ay of 12 2010, by and between the Orange County Transportation Authority ("AUTHORITY"), and the City of 13 San Juan Capistrano ("CITY"). 14 WITNESSETH: 15 WHEREAS, by Agreement No. C-8-0861 dated November 10, 2008, AUTHORITY and 16 CITY entered into a cooperative agreement for rail highway grade crossing safety enhancements 17 and safety measures related to quiet zone implementations; and 18 WHEREAS, AUTHORITY and CITY agree to extend the term of the Agreement for an 19 additional thirty-two (32) months to allow time for construction delays, with no increase in the 20 maximum cumulative payment obligation; 21 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY that 22 Agreement No. C-8-0861 is hereby amended in the following particulars only: 23 Amend ARTICLE 9. ADDITIONAL. PROVISIONS, paragraph S. Term of Agreement, Page 24 11 of 14, to delete"December 31, 2009" and in lieu thereof insert"August 31, 2012."L 25 26 ER:CF L:CAMM1CLERlCAMORDPROCIAGREEAMENMAMI8086I DOC Page 'I of 2 Attachment 3 AMENDMENT NO. 1 TO AGREEMENT NO. C-8-0861 1 The balance of said Agreement remains unchanged. 2 Upon execution by both parties, this Amendment No. 1 shall be made effective on January 1, 3 2010, 4 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No - 61 to be executed on the effective date above written. 6 CITY OF ANO ORANGE COUNTY TRANSPORTATION AUTHORITY r 7 L{ `. By: By s Dr odres Uso arolina Coppolo a or Manager, Contracts and Procurement 9 10 A ES APPROVED AS TO FORM: 11 12 By: By a ' orris Kennard R. Smart, Jr. 13 Act g Gi erk General Counsel 14 y: 15 Special Counsel 16 Date: 17 is 19 20 21 22 23 24 25 c ER:CF L:\CAMM%CLERI CAL%WORDPROCIAG REEtiAM EN D\AM 18D861.DOC �� Page 2 of 2 AMENDMENT NO. 2 TO 2 AGREEMENT NO. C-8-0861 3 BETWEEN 4 ORANGE COUNTY TRANSPORTATION AUTHORITY -5 AND '7' CITY OF SAN JUAN CAPISTRANO FOR 8 RAIL-HIGHWAY GRADE CROSSING SAFETY ENHANCEMENTS 9 AND 10 SAFETY MEASURES RELATED TO QUIET ZONE IMPLEMENTATION FOR CITIES A_) 1.1 THIS AMENDMENT NO.. 2 is effective this '05 day of A6��_ --- 4 2010, by and 12 between the Orange County Transportation Authority ("AUTHORITY"), and the City of San Juan 13 Capistrano("CITY"), 14 WITNESSETH: 15 WHEREAS, by Agreement No. C-8-0861 dated November 10, 2008, as last changed by 16 Amendment No. I dated February 19, 2010, AUTHORITY and CITY entered into a cooperative 17 agreement for rail highway grade crossing safety enhancements and safety measures related to 18 quiet zone implementations; and 19 WHEREAS, AUTHORITY and CITY agree to increase the 12% cost share to include the 20 construction cost increase associated with signal material and railroad signal installation labor; and 21 WHEREAS, the AUTHORITY's Board of Directors approved this Amendment on 22 Au"at 2�010- 23 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY that 24 Agreement No. C-8-0861 is hereby amended in the following particulars only: 25 Amend ARTICLE 4. RESPONSIBILITIES OF CITY, paragraph M, Page 8 of 14, to delete 26 in its entirety and in lieu thereof insert, ER:CF L:ICAMKACLER I CALMORDPROCIAG REEAMEN DIAM28 085 1.DOC SO Page I of 3 Attachment 4 AMENDMENT NO. 2 TO AGREEMENT NO. C-8-0861 M. The estimated expenditure schedule for the CITY'S local matching funds is as follows: 2 CITY'S SHARE (12 PERCENT) OF 3 FISCAL YEAR ESTIMATED PROJECT COST 4 2008/2009 $251,331 6 2009/2010 $586,440 7 201012011 $269,210 8 2011/2012 �0 9 TOTALS Io Amend Exhibit A, section OCTA GRADE CROSSING SAFETY ENHANCEMENT PROGRAM COST ESTIMATE CITY OF SAN JUAN CAPISTRANO, to delete in its entirety and replace with, OCTA GRADE CROSSING SAFETY ENHANCEMENT PROGRAM COST 13 ESTIMATE CITY OF SAN JUAN CAPISTRANO, Exhibit B, Amendment No. 2, attached hereto 14 and made part hereof. f6 17 18 19 20 21 22 23 24 25 26 ER:U L:',r-APAP,4;CI-ERICAL',VNO)RDPRC)C SAG REDAM ENDAM230561 DOC Page 2 of 3 AMENDMENT NO. 2 TO AGREEMENT NO. C-8-0861 The balance of said Agreement remains unchanged. 2 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to 3 Agreement No. C;-l8 1 to'o,be executed on the effective date above written. ,\ 4 CITYOFSAN JUA C PISTRANO ORANGE COUNTY TRANSPORTATION AUTHORITY By: By: 2& 6 kMA46� 7 Dr,jLn 'eUso Will Kempton mrp0 y Chief Executive Officer T. ATTE$'T. APPRCWED AS TO FORM 9 By: By: 10 Maria Wrrl Kennard R. Smart, Jr.(—i Acting City Clerk General Counsel 12 APPROVED AS TO FORM: , APPROVAL y� A, 13 BBy: 14 Special Counsel S Feil, P.E. �cutive Director, Capital Programs 15 Dated'. Dated: r110 1'7 18 19 20 22 23 24 25 ER:0F L:\CAMMLCLERICAL1iNORDPROC'%AGREEiAMENOAAM28086'.,DOC Page 3 of 3 AMENDMENT M 2 TO AGREEMENT N0. C-8--0861 EXHIBIT TOB90 OCTA GLADE CROSSING SAFETY ENHANCEMENT PROGRAM REVISED COST ESTIMATE CITY OF SAN JUAN CAPIS'TRANO Original Estimate at Original EAC City City Share Items Coop Coat Coop City Completion Share(12 Share (U%) (EAC) SCRRA Agency Casts Design, Survey, PM, CM, $2,252,4.23 $270,1.71. $2,855,082 $282,730 $12,559 Flagging, Permitting. Civil Safety Enhancements $2,049,580 $245,950 $1,553,218 $186,386 -$59,563 RR Signal Improvements $1,929,000 $231,480 $4,152,782 $498,334 $266,854 Utility casts $90,000 $10,800 $17,446 $2,094 -$8,706 ROW Costs $25,400 $3,048 $13,000 $1.,560 -$1,488 Project Contingency&Inflation $636,023 $76,323 $1.,132,317 $135,878 $53,555 Grand Totall $6,981,4261 $837,771 $9,224;845J $1JM,9U1 $269,2170 Last Revision 05120/10