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HomeMy WebLinkAbout2020-02-11 - AGENDA REPORTS - VIA PRINCESSA PARK RAIL CROSSING, PROJ S3036 - AWA (2)Agenda Item: 4 DATE: February 11, 2020 SUBJECT: VIA PRINCESSA PARK RAIL CROSSING, PROJECT S3036 - AWARD CONCEPTUAL DESIGN CONTRACT DEPARTMENT: Public Works PRESENTER: Damon Letz RECOMMENDED ACTION City Council: 1. Award a conceptual design contract to Southern California Regional Rail Authority (SCRRA, operating as Metrolink) in the amount of $149,644 and authorize a contingency in the amount of $30,000, for a total contract amount not to exceed $179,644 for the Project Definition Report for the undercrossing at the Via Princessa Metrolink Station. 2. Authorize the City Manager or designee to execute all contracts, subject to City Attorney approval. BACKGROUND The City of Santa Clarita (City) purchased approximately 26 acres of property from the County of Los Angeles immediately north of the current Via Princessa Metrolink Station. This property was purchased by the City with the intended future use as an active park. The future park would include multi -use fields, which will enhance the City's recreational programing. Surrounding properties include the Santa Clara River to the north, a mobile home park to the east, Southern California Regional Rail Authority (SCRRA)/Metrolink railroad tracks to the south and a steep abutment for Whites Canyon Road to the west. The City owns 6.9 acres that are currently being used as the parking lot for the Via Princessa Metrolink Station. This parking lot is located on the south side of the railroad tracks. Additionally, the City owns approximately 33 acres of property which is bisected by the SCRRA/Metrolink railroad tracks and station. Parking for the future park will include the existing parking lot on the south side of the tracks, however; access to the north side of the tracks will require a grade -separated crossing of the tracks in order to access the park. Page 1 Providing access to the future park is the initial focus for the overall project. The future park site has limited access points due to the Santa Clara River, private mobile home park, road abutment, and railroad tracks. The most probable approach is to create a grade -separated crossing from the City -owned parking lot south of the tracks to the City -owned future park site north of the tracks. Access will need to be provided for pedestrians and potentially vehicles for the purposes of maintenance, emergency, and security in order to safely cross the railroad tracks from the parking lot to the park. The grade -separated crossing will be designed and constructed to meet the SCRRA Grade Separation Guidelines and will be permitted by all required agencies, including the California Public Utility Commission and Metrolink. SCRRA is taking the lead on the conceptual design for the access component of this project to ensure compliance with SCRRA's Grade Separation Guidelines. Therefore, staff recommends awarding a conceptual design contract to SCCRA to complete a Project Definition Report (PDR) per SCRRA's Design Procedures Manual for the park access. As part of their contract, SCRRA will provide the City with a PDR that will define the major project design elements, project issues, preferred design approach, and a conceptual cost estimate and design for the rail undercrossing. This report will be the basis for the future design of the grade separated crossing for the park. The requested contingency will cover any unforeseen issues or additional needs that may occur during the conceptual design process. ALTERNATIVE ACTION Other action as determined by the City Council. FISCAL IMPACT Adequate funds were appropriated as part of the Fiscal Year 2019-20 budget to Via Princessa Park Rail Crossing, Project S3036 to support the recommended conceptual design contract. ATTACHMENTS Location Map SCRRA Design Services Agreement (available in the City Clerk's Reading File) Page 2 N0IS3a-ivnld33NO3 CINVMV ONISSONO II` N NNVd VSS30NINd VIA) dew uoije:)o-j:juqwt4:)l 0 IIIIIII 'ON NOANVO I S�Z,14JU Lo u A: GOCD'e"" w zm/ U 2 -L-EY-ST- VaH31S 00 DESIGN SERVICES AGREEMENT 1: M.TIu SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY (SCRRA) AND THE CITY OF SANTA CLARITA FOR VIA PRINCESSA PEDESTRIAN UNDERCROSSING PROJECT DEFINITION REPORT (PDR) AT SCRRA MP 37.9 - VALLEY SUBDIVISION IN SANTA CLARITA, LOS ANGELES COUNTY, CALIFORNIA Via Princessa Pedestrian Undercrossing SCRRA Project No. TBD Project Definition Report (PDR) SCRRA File No.: TBD Design Services Agreement Valley Subdivision MP 37.9 This Design Services Agreement ("AGREEMENT") is made and entered into as of the day of , 2020, 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 CLARITA, a general law city and municipal corporation organized and existing under the laws of the State of California, (hereinafter referred to as "CITY"), to be addressed at City of Santa Clarita, 23920 Valencia Boulevard, Suite 300, Santa Clarita, CA 91355. 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 Valley Subdivision in the area traversed by the proposed pedestrian underpass in the City of Santa Clarita. 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 at -grade highway railroad crossing location on right-of-way owned by METRO, 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- Via Princessa Pedestrian Undercrossing SCRRA Project No. TBD Project Definition Report (PDR) SCRRA File No.: TBD Design Services Agreement Valley Subdivision MP 37.9 CITY is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California The CITY desires SCRRA to compete the development of a Project Definition Report (PDR) to SCRRA's engineering bench of design consultants. The PDR will serve to support a conceptual design and conceptual engineer's estimate to design and construct a pedestrian tunnel at the Metrolink Via Princess Station to allow access from the existing station parking lot to the newly acquired property that lies north of the station. The pedestrian underpass option shall be wide enough for one emergency vehicle or park maintenance vehicle for emergency and maintenance vehicles use only. Ultimately, the PDR will provide the CITY with a 5% design concept, engineer's design cost estimate, and an engineer's construction cost estimate. The PDR will provide a design concept for the proposed pedestrian underpass and the removal/closure of the existing station at - grade crossing as well as the required ADA compliant access ramps and walkways, herein referred to as the "PROJECT". The results of this PROJECT will provide the CITY with estimated costs and schedule needed for the CITY to pursue the needed funding for final design and construction of the PROJECT. 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, and approvals of engineering Plans, Schedules, and Estimates for the PROJECT. As part of the PROJECT, SCRRA, at the CITY's sole cost and expense, will develop a PDR for all railroad crossing infrastructure and systems affected and attendance at design meetings and site visits as required to accommodate the PROJECT, hereinafter referred to as "DESIGN SERVICES", and as detailed in Section I.1. of this AGREEMENT. -2- Via Princessa Pedestrian Undercrossing Project Definition Report (PDR) Design Services Agreement SCRRA Project No. TBD SCRRA File No.: TBD Valley Subdivision MP 37.9 The PARTIES acknowledge that a future amendment to this AGREEMENT shall be required to cover the scope of full design services and associated support costs necessary to provide 100% Plans, Specifications and Estimate in preparation for bid for construction, should the CITY obtain funding and pursue the project. The PARTIES acknowledge that if the 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/engineering--construction/) between SCRRA and each entity must be issued before access can be provided. 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 to provide "DESIGN SERVICES" as detailed herein during the development of the design of the PROJECT as follows; a. Competitively procure a design consultant from SCRRA's On -Call Professional Engineering Design Services Bench to develop a Project Definition Report per SCRRA's Design Procedures Manual (DPM) for the PROJECT. b. Manage SCRRA's design consultant in the development of the PDR c. Lead and attend coordination meetings and make site visits as required. d. Provide railroad protective services (Flagging and Safety Training) should there be any requirement to gain access to the Railroad Right -of -Way to undertake tasks with the potential to foul the track. -3- Via Princessa Pedestrian Undercrossing Project Definition Report (PDR) Design Services Agreement SCRRA Project No. TBD SCRRA File No.: TBD Valley Subdivision MP 37.9 2. SCRRA shall issue Contract Task Orders (CTO's) with its design consultant(s) upon receipt of CITY's deposit, and as needed for required signal, communication, or other design services. 3. SCRRA will consider CITY's comments and responses on the PROJECT and direct its consultant(s) accordingly, if any such changes requested by CITY, are consistent with the conditions present at the specific crossing, signal system requirements, and if such changes are in accordance with SCRRA's design manuals, standards guidelines and practices and sound industry practice and comply with the current SCRRA guidelines and standards. However, the final decision on whether to accept CITY's requested changes to railroad elements shall rest solely with SCRRA, but shall not be unreasonably denied. 4. The performance of any additional services beyond the DESIGN SERVICES defined in Section I.I. and outlined in EXHIBIT "A", shall require an amendment to this AGREEMENT signed by both Parties. 5. SCRRA will provide Railroad Protective Services (Employee in Charge, Third Party Safety training, signal/communication cable marking), at CITY cost, to facilitate access for CITY staff, contractors or consultants to the Right -of -Way for survey purposes. 6. 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. SECTION II CITY agrees as follows: 1. CITY shall designate its City Engineer or his or her designee as its single point of contact to coordinate with SCRRA for all DESIGN SERVICES under this AGREEMENT. -4- Via Princessa Pedestrian Undercrossing Project Definition Report (PDR) Design Services Agreement SCRRA Project No. TBD SCRRA File No.: TBD Valley Subdivision MP 37.9 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 SEVICES are only estimates and may vary, for which the CITY shall be responsible for reimbursement of one hundred percent (100%) of all costs incurred by SCRRA. 3. The total cost of the DESIGN SERVICES provided by this AGREEMENT shall not exceed the sum of $149,644. Within thirty (30) days of execution of this AGREEMENT, CITY agrees to deposit the amount of $149,644 which shall bring the total deposit to one hundred percent (100%) of the estimated cost of DESIGN SERVICES to be provided by SCRRA under EXHIBIT "A" of this AGREEMENT, including a 10% contingency. 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 (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. 4. CITY shall provide comments and guidance on design submittals for the PROJECT. 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 the 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, -5- Via Princessa Pedestrian Undercrossing Project Definition Report (PDR) Design Services Agreement SCRRA Project No. TBD SCRRA File No.: TBD Valley Subdivision MP 37.9 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 council, officers, agents, contractors, or employees under or in connection with any aspect of the PROJECT, work, authority or obligation agreed to by the CITY under this AGREEMENT. This indemnity shall survive completion of the PROJECT and the Services and termination of this AGREEMENT. 2. Neither CITY, nor its council, officers, agents, contractors, or employees 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 respective council, officers, agents, contractors, and employees ("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 the 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. 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 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 -6- Via Princessa Pedestrian Undercrossing Project Definition Report (PDR) Design Services Agreement SCRRA Project No. TBD SCRRA File No.: TBD Valley Subdivision MP 37.9 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 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 III.3. shall prevail. 4. This AGREEMENT contains the entire understanding of the PARTIES and cannot be amended or modified except by a written amendment executed by both PARTIES. 5. To the extent reasonably practicable, SCRRA and CITY shall work to resolve any disputes in a timely manner to avoid delay costs. 6. The unenforceability, invalidity, or illegality of any provision of this AGREEMENT shall not render the other provisions unenforceable, invalid, or illegal. 7. 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; 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. 8. This AGREEMENT shall be construed and interpreted under the laws of the State of California. -7- Via Princessa Pedestrian Undercrossing Project Definition Report (PDR) Design Services Agreement SCRRA Project No. TBD SCRRA File No.: TBD Valley Subdivision MP 37.9 9. 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 Robert Newman Director of Public Works Justin Fornelli, P.E. Chief, Program Delivery Santa Clarita City Hall Southern California Regional Rail Authority 23920 Valencia Blvd. 2558 Supply St, Bldg. A Santa Clarita, CA 91355 Pomona, CA 91767 [,SIGNATURES APPEAR ON THE FOLLOWING PAGE] -8- Via Princessa Pedestrian Undercrossing Project Definition Report (PDR) Design Services Agreement SCRRA Project No. TBD SCRRA File No.: TBD Valley Subdivision MP 37.9 IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be duly executed in by their duly qualified and authorized officials. SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY I0 Stephanie N. Wiggins Chief Executive Officer Date: APPROVED AS TO FORM: M. Don O. Del Rio General Counsel Date: CITY OF SANTA CLARITA By: Kenneth W. Striplin, Ed.D City Manager City of Santa Clarita Date: APPROVED AS TO FORM: By: City Attorney Date: -9- Via Princessa Pedestrian Undercrossing Project Definition Report (PDR) Design Services Agreement EXHIBIT "A" SCRRA Project No. TBD SCRRA File No.: TBD Valley Subdivision MP 37.9 VIA PRINCESSA PEDESTRIAN UNDERCROSSING PROJECT DEFINITION REPORT (PDR) DESIGN SERVICES AGREEMENT BUDGETED SCHEDULE AND COST Date 12-Nov-19 SCRRA Project No- :1 Project Name Via Princessa Pedestrian Undercrossing Project 1" Schedule 4 months a�aaaaaaaa� jgno a nrlxy�n�ianamIr;afa,rcp,�an 1.2 1 1 $2,D00 All I�44Wba1�71'�'la�e�+f/p��lgfi`�F9pNkY�t„ Review Design Documents by Engineering, Safety, Operations2.1 Preliminary 1' 1 $8,000 Final 1• 1 $8,000 11/ all pvpm$nt3.1 ' ,, (Consultant) Data Gathering', t 1 1 4 2 8 H " $185 $1,480. 3.2 Preliminary 1',' 1 3.3 Final 1' :1 1 Sub -Total $108,D40 DAYS $1,750 $7,000 all Sub -Total (items 1-41 04 Il Contingency i'. i' Il TOTAL1 COSTIN I The anticipated duration of the design phase ofthe protect is 4 months 2 The cost of the SCRRA services shown is an estimate only and CITY will reimburse SCRRA on the basis of actual costs and expenses. 3 CiTY shall reimburse SCRRA the actual costs and expenses incurred by SCRRA and its contractors and consultants for all services and work performed in connection with this project, including an allocated overhead representing SCRRA's costs for administration and management, _10-