HomeMy WebLinkAboutStaff Report 4.B 04/21/2008CITY OF PETALUMA, CALIFORNIA
PETALUMA COMMUNITY DEVELOPMENT COMMISSION
AGENDA �L
Agenda Title:
Resolution 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. C200104A
April 21, 2008
Meeting Date: April 21, 2008
Meeting Time: ® 3:00 PM
❑ 7:00 PM
Category: ❑ Presentation ® Consent Calendar ❑ Public Hearing ❑ Unfinished Business ❑ New Business
Denartment: Director: Contact Person: Phone Number:
Public Works Vincent Marengo Larry Zimmer 776-3674
V Vvi
Cost of Pronosal: This council action does not have a direct cost, Account Number:
however the estimated total cost to City for proposed work is $1,445,000. C200104A
Future budget approval will require further Council action. C200104
Name of Fund:
Amount Budgeted: Caulfield Ext. Project C200104 $1,271,000 PCDC
Crossing Relocation Project C200104A $0
Attachments to Agenda Packet Item:
1. Resolution
2. Interagency Agreement between the Petaluma Community Development Commission and the North Coast
Railroad Authority, including Exhibit A — Plan of Crossings
Summary Statement:
The Petaluma Community Development Commission and the North Coast Railroad Authority (MCRA) have
drafted the attached 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. Specifically, the agreement defines the responsibilities and cost to each agency to
design and construct the new crossing and close the existing Hopper Street crossing.
Recommended Citv Council Action/Suggested Motion:
Adopt Resolution 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.
Reviewed by Admin. Svcs. Dir: I Reviewed by City Attornev: ADDroved by—Cjty Manager:
'Date: Date: Date:
Rev. # 1 Date Last Revised: File: S:\CIP DivisionTrojects\Railroad At -Grade on Caulfield
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CITY OF PETALUMA, CALIFORNIA
PETALUMA COMMUNITY DEVELOPMENT COMMISSION
APRs, 21, 2008
AGENDA REPORT
FOR
RESOLUTON 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
EXECUTIVE SUMMARY:
The Petaluma Community Development Commission and the North Coast Railroad
Authority (MCRA) have drafted the attached 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. Specifically, the agreement defines the responsibilities and cost to
each agency to design and construct the new crossing and close the existing Hopper
Street crossing.
2. BACKGROUND:
In 2006, the City received notice from the Public Utilities Commission (PUC) that the
NCRA would be re -opening rail service on the railroad mainline, and that the Hopper
Street crossing would have to be upgraded before service could be resumed. Following
the notice, a rail diagnostic review of the Hopper Street crossing revealed safety
concerns. Because of the safety concerns, it was agreed by the PUC and North Western
Pacific Company (NWP Co.), the rail operator for the NCRA, that the crossing should be
relocated to Caulfield Lane, and the existing Hopper Street crossing to Lakeville Street
near Jefferson Street closed. In June, 2007, the City Council accepted the PVC's
decision allowing the crossing to be relocated to Caulfield Lane.
As a result, the $150,000 in improvements that NCRA would have been spent on the
Hopper Street crossing will be used to construct a portion the Caulfield Lane crossing and
close the existing Hopper Street crossing. The attached agreement has been drafted that
spells out the responsibilities and costs to the NCRA and the Petaluma Community
Redevelopment Commission for designing and constructing the new Caulfield Lane
crossing and closing the existing Hopper Street crossing.
PCDC Responsibilities:
1. Design and construct curbs barricades to prevent roadway traffic from crossing
the closed Hopper Street crossing.
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2. Design and construct the Caulfield Lane crossing approaches from both sides.
3. Design and pay cost for NCRA to construct the precast concrete panel railroad
crossing surface for the new Caulfield Lane crossing. Pay NCRA to design and
construct the signal system
4. Pay cost to design and modify, if required, the railroad crossing signal equipment
for the Hopper Street industrial lead track from the Petaluma Depot that will
remain open.
NCRA Responsibilities:
1. Pay PCDC $150,000 toward the cost of performing PCDC's responsibilities as
noted above.
2. Design and remove the existing Hopper Street to Lakeville Street crossing and
crossing signals at and near the mainline crossing.
3. Modify at PCDC cost, if required, the railroad crossing signal equipment for the
Hopper Street industrial lead track from the Petaluma Depot.
4. Construct the Caulfield Lane precast concrete panel crossing surface. The design
and construction paid for by PCDC.
5. Design and construct the Caulfield Lane crossing signals. The design and
construction paid for by PCDC.
3. ALTERNATIVES:
1. Approve the attached agreement.
2. Revise the draft agreement to reflect Council preferences.
3. Don't approve the attached agreement. This would result in the crossing remaining at
Jefferson, which would require that the work be performed at a later date when
Caulfield is extended.
4. FINANCIAL IMPACTS:
$1,271,000, thus far, has been budgeted for the Caulfield Extension Project 4C200104.
Relocation of the railroad crossing is a necessary component of that project. However, to
simplify the accounting, staff recommends a separate CIP project (C200104A) be created
for this particular work. Up to this point, design and planning have been paid for through
C200104. The attached resolution does not approve the project budget or request
additional funds. A future request for funds for the total project cost, currently estimated
at $1,445,000, will be made either through the CIP Budget process.
5. CONCLUSION:
The approval of this agreement will result in the closing of the Hopper Street crossing to
Lakeville Street and relocation of the railroad crossing to Caulfield Lane, a more
preferable crossing location. Design for both City -directed work and the NCRA-directed
work is nearly complete. NCRA will complete their work under two separate
construction contracts. The City project will not begin, and therefore construction funds
will not be expended, until after completion of both NCRA contracts.
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OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WILL IDENTIFY SUCCESS OR
COMPLETION:
Construction of a new crossing at Caulfield Lane capable of handling the new freight rail
service, and closing of the Hopper St. crossing, which has been deemed unsafe.
RECOMMENDATION:
Adopt Resolution authorizing the Executive Director to enter into an interagency
agreement with the North Coast Railroad Authority in regard to crossing relocation from
Hopper Street to Caulfield Lane.
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ATTACHMENTI
RESOLUTION 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. C200104A
WHEREAS, the California Public Utilities Commission (PUC), with agreement of the
North Western Pacific Company (NWP Co.), the rail operator for the NCRA, ruled that the
Hopper Street crossing should be relocated to Caulfield Lane and the Hopper Street crossing
should be closed; and,
WHEREAS, the City Council accepted the decision of the PUC and recommendation of
City staff to relocate the Hopper Street crossing to Caulfield Lane; and,
WHEREAS, closing the Hopper Street crossing and relocating the crossing to Caulfield
Lane will save funds for the new crossing that would have been used to upgrade the existing
Hopper Street crossing; and,
WHEREAS, the Petaluma Community Development Commission (PCDC) and the
North Coast Railroad Authority (MCRA) 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 responsibilities and 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 Commissioners of the Petaluma
Community Development Commission hereby authorize the Executive Director to enter into an
interagency agreement with the North Coast Railroad Authority regarding crossing relocation
from Hopper Street to Caulfield Lane.
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ATTACHMENT 2
DRAFT
(February 20, 2008)
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 , 2007 (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.
Relocation of the railroad crossing necessitates the construction and/or installation of the
following:
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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.
2. A new 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 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.
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 NCRA'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.
2. PCDC Responsibilities.
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PCDC shall:
(A) Cause to have designed and constructed, at PCDC's sole cost, subject to 5 below,
all street work such as barricades 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 by 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, and pay NCRA to construct the precast concrete panel
railroad crossing surface and signals.
(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. 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.
(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 Existino Crossino and Sionals. 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.
(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 Crossino Surface.
NCRA shall incorporate PCDC's Caulfield surface design, including conduits for future utility crossings, into
NCRA's construction plan and shall cause to construct the proposed crossing surface at Caulfield Lane and
the NWP railroad. Design by PCDC, design and construction paid by PCDC, with construction by NCRA.
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.
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(D) Construct the Caulfield NWP Railroad Crossino Sional. 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.
4. Ownership.
Upon completion, the Caulfield Lane crossing signals and Caulfield Lane crossing surface shall be
owned by SMART.
5. Funding.
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 all eligible costs within 30
days. PCDC shall notify NCRA within 30 days of invoice submittal of any items it intends to classify as
ineligible, and both parties are to work in good faith to resolve any discrepancies. 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. 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 Crossino Surface and Sionals.
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. The parties hereto acknowledge that
such maintenance responsibilities are those normal maintenance activities associated with a railroad's
ongoing operations.
7. Indemnification.
NCRA agrees to defend, indemnify and hold harmless 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
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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. 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.
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:
To PCDC: Executive Director
11 English Street
Petaluma, CA 94952-2601
To NCRA: Executive Director
419 Talmage Road, Suite M
Ukiah, CA 95482
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.
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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.
PETALUMA COMMUNITY REDEVELOPMENT
COMMISSION
By
John C. Brown
Executive Director
ATTEST:
By
Claire Cooper
City Clerk
APPROVED AS TO FORM:
By
Eric W. Danly
City Attorney
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
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