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HomeMy WebLinkAboutPCDC Resolution 2008-05 6 /16/2008RESOLUTION NO. 2008-05 PETALUMA COMMUNITY DEVELOPMENT COMMISSION AUTHORIZING THE EXECUTIVE DIRECTOR TO ENTER INTO AN INTERAGENCY AGREEMENT WITH THE NORTH COAST RAILROAD AUTHORITY REGARDING CROSSING RELOCATION FROM HOPPER STREET TO CAULFIELD LANE, PROJECT NO. 001200.104 WHEREAS, the California Public Utilities Commission (PUC), with agreement of the North Western Pacific Company (NWP Co.), the rail operator for the NCRA, recommended that the Hopper Street crossing be relocated to Caulfield Lane, as a safer alternative, and the Hopper Street crossing closed; and, WHEREAS, on June ~, 2007, the City Council accepted the conclusion of the PUC and recommendation of City staff to relocate the Hopper Street crossing to Caulfield Lane; and, WHEREAS, by relocating the crossing at this time, funds that would have been spent to upgrade the Hopper St. crossing to meet NCRA's strategic plan for reopening rail service can be used to improve the Caulfield Lane crossing, which is anticipated for future development; and, WHEREAS, the Petaluma Community Development Commission (PCDC) and the North Coast Railroad Authority (NCRA) have drafted an agreement that sets forth the rights and responsibilities of the two agencies with respect to relocating the SMART mainline railroad crossing from Hopper Street (crossing to Lakeville Street near Jefferson Street) to Caulfield Lane; and, WHEREAS, said agreement spells out the cost to each agency to design and construct the new Caulfield Lane crossing and close the existing Hopper Street crossing, NOW, THEREFORE, BE IT RESOLVED that the Petaluma Community Development Commission hereby authorizes the Executive Director to enter into an interagency agreement with the North Coast Railroad Authority regarding crossing relocation from Hopper Street to Caulfield Lane, PCDC Resolution 2008-05 Page 1 ADOPTED this 16h day of June, 2008, by the following vote: .Commissioner Aye , No Absent Abstain Barrett X Freitas X Harris X Nau X O'Brien X Vice Chair Rabbitt X Chair Torliatt X ~ ATTEST: Claire Cooper, CMC, Record Secretary r'' ~"-/ . Pamela Torlialt,~Ch~air APPROVED AS TO FORM: - ~,, ;,: Eric Danly, Gen ral Counsel PCDC Resolution 2008-05 Page 2 INTERAGENCY AGREEMENT BETWEEN THE PETALUMA COMMUNITY DEVELOPMENT COMMISSION AND THE NORTH COAST RAILROAD AUTHORITY REGARDING CROSSING RELOCATION FROM HOPPER STREET TO CAULFIELD LANE This Hopper and Caulfield Crossings Interagency Agreement (hereinafter "Agreement") is entered into this day of , 2008 (hereinafter "Effective Date") by and between the Petaluma Community Development Commission, a public agency (hereinafter "PCDC") and the North Coast Railroad Authority, a public agency (hereinafter "NCRA"). PCDC and NCRA are collectively referred to herein as "Parties." RECITALS A. The North Coast Railroad Authority (NCRA) was created through the enactment of Senate Bill 1663 (Keene-Hauser), which became effective January 1, 1990. NCRA is governed by its Board of Directors appointed by the Counties of Humboldt, Sonoma, Marin, and Mendocino and the cities served by the rail line. B. NCRA has a perpetual freight easement over the Northwestern Pacific .Railroad right-of-way ("Right of Way") owned by Sonoma-Marin Area Rail Transit ("SMART") within the City of Petaluma, County of Sonoma, State of California, in the vicinity of Railroad Mile Post (MP) 5- 38.3 and MP 5-37.8, as depicted on Exhibit "A" attached to this Agreement and incorporated into it by this reference (the "Property"). C. NCRA, as part of its Russian River Division Rehabilitation Project, planned to rehabilitate the existing signals at the Hopper Street (to Lakeville Street) railroad crossing at a cost of $150,000. D. The PCDC and NCRA agree that continued use of the mainline railroad crossing at Hopper Street to Lakeville Street is undesirable due to its close proximity to Lakeville Street. In addition, if this crossing remains, the California Public Utilities Commission ("CPUC") may require the PCDC to signalize the Hopper Street to Lakeville Street crossing. As a result, the PCDC has taken preliminary action to close the mainline Hopper Street railroad crossing at MP 5-38.3 and relocate the railroad crossing to Caulfield Lane at MP 5-37.8. The Hopper Street industrial lead track crossing from the Petaluma Depot at MP 5-38.3 (Exhibit A) will remain open. E. SMART has stated their support to the relocation of the crossing from Hopper Street to Caulfield Lane in their letter to the City of Petaluma dated October 9, 2007. F. Relocation of the railroad crossing necessitates the construction and/or installation of the following: 1. Removal of the existing crossing surface and the existing crossing signal equipment for the mainline crossing of Hopper Street to Lakeville Street, and construction of a barricade to prevent roadway traffic from crossing the main line railroad track to Lakeville Street at MP 5-38.3. PCDC Resolution 2008-05 Page 3 2. Anew NWP railroad crossing at Caulfield Lane is to be constructed at railroad MP 5-37.8 consisting of a railroad crossing surface of precast concrete panels and crossing signals. The new railroad crossing surface at Caulfield will consist of subballast, ballast, crossties, tie plates, rail fasteners, rail, rail joints, bolts, track, precast concrete panels, and signal conduit, and all other track material and appurtenances related to the crossing. The new roadway approaches between the existing roads and the precast concrete panels are to be constructed separately by the PCDC. The new railroad constant warning signals will consist of one CPUC Standard Nine A on the east side of the tracks and two CPUC Standard Nines on the west side. of the tracks that include masts, bells, flashers, crossbucks, gates, shunts, predictors, a signal house, and all the necessary wiring and electrical connections related to the signals, or equivalent protective and warning measures, that have been agreed to and are acceptable to the PCDC, SMART and NCRA. G. PCDC and SMART's predecessor in interest, the Northwestern Pacific Railroad Authority (hereinafter "NWPRA") previously entered into a Right of Entry Agreement, dated September 9, 1999, as amended October 6, 1999, which allows the PCDC's consultants to enter onto the Right of Way and provides for the PCDC to reimburse NWPRA's costs for design review, permitting, flagging and inspection during the design phase of the Petaluma Flood Control Project. SMART assumed all of NWPRA's rights and obligations under this Agreement. H. NWPRA and NCRA previously entered into an Operating Agreement, dated 1996, ("Operating Agreement") which affects implementation of this Agreement. As a result, the parties are required to obtain approval from SMART, the Right of Way owner, for the design of the proposed crossing and signals before they are constructed. I. PCDC and NCRA now wish to set forth herein their understandings and agreements relating to the relocation of the NWP railroad crossing from Hopper Street to Caulfield Lane. AGREEMENT NOW, THEREFORE, in consideration of the foregoing, the PCDC and NCRA agree as follows: Scope of Agreement. (A) This Agreement sets forth the rights and responsibilities of the PCDC and NCRA with respect to the relocation of the mainline railroad crossing from Hopper Street to Caulfield Lane, including the rights and responsibilities of the PCDC and the NCRA with respect to the design, construction and cost of all street repair required to close Hopper at its .intersection with SMART's mainline railroad track, construct a Caulfield Lane crossing from its existing terminus to Hopper Street, including precast concrete panels for railroad surface crossing, removal of signals currently at the Hopper Street to Lakeville Street crossing, modify or upgrade the existing signal for the Petaluma depot industrial lead, install signals at Caulfield, and the obtaining of various rights for temporary construction easements and long term right-of-way easements within the SMART right- of-way. PCDC Resolution 2008-05 Page 4 (B) The Hopper Street crossing shall not be closed to through traffic until the Caulfield Street crossing construction is sufficiently complete to safely be crossed by vehicular traffic. At no time shall both crossings be closed concurrently. 2. PCDC Responsibilities. PCDC shall: (A) Cause to have designed and constructed, at PCDC's sole cost based on the Attachment 1 -Cost Estimate and subject to 5 below, all street work such as barricades and/or curbs to prevent roadway traffic from crossing the closure of the Hopper Street to Lakeville Street crossing at its intersection with the railroad mainline track (cost to design and remove existing crossing surface at and near the mainline track and signals is at the sole expense of NCRA), and construct the Caulfield approaches to connect to the crossing precast concrete panels constructed for NCRA, from its existing terminus to an intersection with Hopper Street (.includes work in the SMART right-of-way up to the precast concrete panels of the railroad surface crossing). The PCDC shall cause to have designed at PCDC's sole cost based on the Attachment 1 -Cosh Estimate and pay NCRA to construct the precast concrete panel railroad crossing surface and signals. Any unforeseen events resulting in construction or design changes will be administered through change orders signed by both NCRA and PCDC's representatives, and by signing the change order, PCDC is committed to pay any cost overruns. (B) PCDC shall pay for at its sole expense, the design and modification or upgrade, if required, of the railroad crossing signal equipment for the Hopper Street industrial lead track crossing from the Petaluma Depot based on the Attachment 1 -Cost Estimate. The design and upgrade, if required, will be by NCRA. The existing crossing of the industrial lead track leading from the Petaluma Depot shall remain open. Any unforeseen events resulting in construction or design changes will be administered through change orders signed by both NCRA and PCDC's representatives, and by signing the change order, PCDC is committed to pay any cost overruns. (C) Cause to be filed, if necessary, an application to the CPUC under General Order 88 to obtain the necessary permission for the changes to the Hopper Street and Caulfield Lane signal crossings. (D) Obtain, at PCDC's sole costs, any rights from SMART, NCRA and others as may be necessary to perform PCDC's responsibilities pursuant to this Agreement. 3. NCRA's Responsibilities. NCRA shall: (A) Removal of Existing Crossing and Signals. Cause to be designed and removed, at NCRA's sole cost, signal and existing crossing surface, at the Hopper Street to Lakeville Street crossing and its intersection with NCRA's mainline railroad track. Modify or upgrade, if required, the existing signal for the Petaluma depot industrial lead track. The design of, and any upgrades, are by NCRA. The cost to design and construct any upgrades to the industrial lead signal shall be paid by the PCDC. The crossing of the industrial lead track is to remain open. PCDC Resolution 2008-05 Page 5 (B) Obtain, at NCRA's sole cost, any rights from SMART, City of Petaluma, and others as may be necessary to perform. NCRA's responsibilities pursuant to this Agreement. (C) Construct the Proposed Caulfield Precast Concrete Panel Crossing Surface. NCRA shall incorporate PCDC's Caulfield surface design, including conduits for future utility crossings, into NCRA's construction plan and shall cause the proposed crossing surface at Caulfield Lane and the NWP railroad to be constructed. PCDC shall cause the concrete panel crossing to be designed, and the design and construction will be paid by PCDC (see Attachment 1): Design of the proposed Caulfield crossing shall undergo NCRA's review process and must meet with the approval of the NCRA and of any other government body with jurisdiction over such improvements. No work shall be done until a right of entry permit is issued by SMART. (D) Construct the Caulfield NWP Railroad Crossing Signal. NCRA shall cause the NWP railroad crossing signals at Caulfield Lane to be designed and constructed. The design and construction shall be paid by the PCDC. It is understood between the parties that the Caulfield railroad signal shall be constructed by NCRA as part of the existing electronic and mechanical train signal and warning signals and protective measures to allow operation of the mainline track. NCRA shall cause the Caulfield Lane signal to be constructed in accordance with the standards published by the American Railway Engineering and Maintenance of Way Association ("AREMA") and all other applicable requirements. Design and construction of the Proposed Caulfield crossing signal shall undergo NCRA's review process and obtain the approval of the NCRA and of any other government agency with the jurisdiction over such improvements. (E) The Hopper Street crossing shall not be closed to through traffic until the Caulfield Street crossing construction is sufficiently complete to safely be crossed by vehicular traffic. At no time shall both crossings be closed concurrently. 4. Ownership. Upon completion, the Caulfield Lane crossing signals and Caulfield Lane crossing surface shall be owned by SMART. 5. Fundin . In accordance with 3(A) and (B), above, NCRA shall be responsible for-and pay all costs of performing NCRA's obligation to design and remove the signal and existing crossing at Hopper Street and its intersection with NCRA's railroad tracks, and all costs of obtaining rights necessary to perform NCRA's responsibilities pursuant to this Agreement. In accordance with 2, 3(C), and 3(D), above, NCRA shall submit to PCDC a monthly invoice documenting all costs incurred and paid for by NCRA for performing PCDC's responsibilities specified above. PCDC shall review the invoice and pay the invoiced amount within within 30 days. PCDC shall notify NCRA within 30 days of invoice submittal of any disputed costs ,and both parties will work in good faith to resolve any disputed cost within 60 days. If any amount is determined to be ineligible, the invoice will be adjusted, and NCRA will pay back to PCDC the ineligible amount within 21 days. The monthly invoice submittals shall indicate NCRA's payment of $150,000 toward the cost of performing PCDC's responsibilities pursuant to this Agreement. This $150,000 shall not be reimbursed by PCDC Resolution 2008-05 Page b PCDC. Subject to NCRA's obligation to pay $150,000 pursuant to this provision, PCDC shall be responsible for and pay all costs of performing PCDC's responsibilities specified in 2, above, and pay for the design and construction of the proposed Caulfield crossing surface pursuant to 3(C), above, and pay for the design and construction of the Caulfield railroad crossing signal pursuant to 3(D), above.. 6. Maintenance of Proposed Caulfield Lane Crossing Surface and Signals. Pursuant to the Operating Agreement between NWPRA and NCRA, NCRA is responsible for maintenance of the. proposed Caulfield Lane crossing surface and signals until such time as SMART initiates commuter rail service. Once SMART initiates commuter rail service, SMART shall be responsible for maintenance of the Caulfield Lane crossing surface and signals per the operating agreement between SMART and NCRA. 7. Indemnification. NCRA agrees to defend, indemnify and hold harmless City of Petaluma (City), PCDC, its officers, agents and employees from and against any actions, claims, damages, liabilities, disabilities or expenses ("liabilities")that may be asserted by any person or entity that arise out of, pertain to, or relate to NCRA's performance or failure to perform its responsibilities under this Agreement, including, but not limited to, the construction of the proposed Caulfield crossing surface and the installation of the proposed Caulfield railroad crossing signal, the design and removal of existing Hopper Street signals and crossing surface, and any upgrades to the Petaluma depot industrial lead signal, in accordance with 3, above; provided, however, that NCRA's responsibilities pursuant to this provision shall not apply to such liabilities caused by the active negligence, sole negligence, or willful misconduct of City or PCDC, or any third party. NCRA also agrees that if the work is performed by a contractor for NCRA that said contractor shall be required to obtain insurance acceptable to City, and that the City, PCDC, and NCRA be named as additional insureds in regard to construction of the Caulfield crossing surface and Caulfield crossing signal. 8. Notices. All notices, payments, requests, demands and other communications to be made or given under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally or on the second day after mailing if mailed to the party to whom notice is to be given by first class mail, registered or certified, postage prepaid and properly addressed as follows: PCDC Resolution 2008-05 Page 7 To PCDC: Executive Director 11 English Street Petaluma, CA 94952-2601 To NCRA: Executive Director 419 Talmage Road, Suite M Ukiah, CA 95482 and Christopher J. Neary, Legal Counsel 110 S. Main Street, Suite C Willits, CA 95490 9. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California as applied to contracts that are made and performed entirely in California. 10. Successors. This Agreement shall be binding upon and shall inure to the benefit of the respective successors and assigns of the Parties hereto. 11. Amendments. This Agreement may be amended only in a writing that is executed by the Parties hereto. 12. Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect to its subject matter and supersedes any prior or contemporaneous oral or written understandings on the same subject. The Parties intend this Agreement to be an integrated agreement. 13. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which together shall constitute a single agreement. IN WITNESS WHEREOF, the Parties have entered into this Agreement on the date first written above with the intent to be intentionally bound. PCDC Resolution 2008-05 Page 8 PETALUMA COMMUNITY REDEVELOPMENT COMMISSION By John C. Brown Executive Director ATTEST: By Claire Cooper Recording Secretary APPROVED AS TO FORM: By Eric W. Danly General Counsel 1027057_1 NORTH COAST RAILROAD AUTHORITY By Allan Hemphill Chairman ATTEST: By Mitch Stogner Executive Director APPROVED AS TO FORM: By Christopher J. Neary Counsel to NCRA PC DC Resolution 2008-05 Page 9 vmeo-~nvo vmnvaya _ 133U1B 3l'IN~IVI 1V 3tlfl60'q 133kiLB FflddOH ' ~' ~ 9 F)N880lk/3GVtlD-1V 0~3iV1V0 •• •~••• __ d.91f _. 1N3WH~V11V yM cunoos vexrw~n i~a+us i ~ 6i g .NAM I b~ ~ Q W I ~ ~ ~ i ~ ,L N 1 1 y ~ ~ ~~' ~ `I ~I~ ~ ~ ' ~ ~ I ~~ / ~ : ~, , , ~ ~ ~ '~ tio` s ~ ' . ~ ~ 'I ~ ~ b ~ ~ s`y3ry `~ M .,, 1 ~l i~ ~~ ~ / ~ ~ ~~ ~ ~, ,~%~ l i;f / } ~' ~, ~~ p /, j ! l : ~~ i ~~ ~ V'8 ~ J ~'~r j r ~ ~, m ~ ~ ~~ ~ ,~~ ~~ y e ~ ,. y ~ ~a ,~ ' ~ ' ~ i ~ ~ ~~~ ~ ~r i ~ - ~- -, ~ s , $or ~ ~ }~ a % ~ +W ~ ~ ~~ j ~ II~~ r ~ /~~ ~~ ~ ~ ~ p l ~C I ~~~ 3x ~~( /Ja ~ Q~ )~~ ~ ! i~ ~ ~~ i o _'~ ~~ ~ ~ , ~ '~. ~nr vu A[s, i eoa xa'sw a~cv~ ~w~r~~auua ~ c+~~,ww.~wa,~x+uaa u no~mn io urr~.am r L p m O U on .y U e~ 0 c~ fir: N ~ ~ '.per. O p "~ ~te ~~ ~~ ~~. ~ a W'~~. PCDC Resolution 2008-05 Page 10 ~ l a6r~d b t=i o ~ o v; d 1 ~ ~ A ~ rt p, N r~ ~~ Cy N y°9 m d a Y~ W O W a O v, p~ QQ SO-8002 uoi~n~osad ~a~d ~~ ~ :'~ ~ _-j -- i ki,.l_ . I I 1 "-~®~ , _. .° ;~ j ®, ~f j ®~~ I ,® I ®I I ii i i°• ~i~ --- ~ n s~° iii i i° I ..-IJ II ;; j ~ l I l i a f' j~i L1 °i 9 ~~ '! ii;; ,E~~jG _~ ~ , I ,: t ~~~ '=~- ® ~~ ~~ _ _ ~ ®. ~~ I ,, ® ~ ~. +' I I ,, - i _ I r ~, ~ ~~I LANE ~ ~_ ~ ~ ~~ ;~,f I; y f ' , t, I I .- I ~ t •1 ~~ I- I ~ ~ .~ 1 13 ~ II ~_ _ I a wwni«.wAnea« n:awc "ar SIGNING AND STRIPING PLAN 3 n - ..._... ....;.~.~ TIE RAIIROAO AiGRAOE PIIBIICUOS9N0 fOR CAUIN[ID I.WE, GIMEID <:ItY Of PllA11lMA" ,,,~•~,"'"'~ LW f E%IFNSION AND THE NOPPE! STREET QOSLRE At UIQVILLE+IAEEf CC e ATTACHMENT 1 -COST ESTIMATE The following cost estimate is based on existing contracts and engineer's estimates. Should unforeseen events occur, a PCDC representative will be required to countersign all change orders. PCDC Estimated Cost Hopper: All street work to prevent roadway traffic from crossing the closure Design $12,000 Construction $30,000 Caulfield Crossing Surface: Precast concrete panel railroad crossing surface Design $50,000 Construction (25% Contingency) $368,850 Caulfield Approach: Design and construct approaches to connect to the Caulfield Crossing Surface Design Construction $78,000 $481,150 Caulfield Signal: Design and construction of the railroad crossing signals Design $39,105 Construction (15% Contingency) $413,820 NCRA Contribution ($150,000) Industrial Lead: Design and modification of the Hopper Street industrial lead track crossing signalization Design $4,000 Construction (10% Contingency) $52,815 Total $1,379,740 PCDC Resolution 2008-05 Page 12.