Loading...
HomeMy WebLinkAbout15 AGMNT W/OCTA-RED HILL RR XING 09-02-08Agenda Item 15 ~ Reviewed: AGENDA REPORT City Manager Finance Director MEETING DATE: SEPTEMBER 2, 2008 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: APPROVAL OF COOPERATIVE AGREEMENT NO. C-8-0863 BETWEEN THE ORANGE COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF TUSTIN FOR RAIL-HIGHWAY CROSSING SAFETY ENHANCEMENTS AND SAFETY MEASURES RELATED TO QUIET ZONE IMPLEMENTATION AT THE RED HILL AVENUE RAILROAD CROSSING SUMMARY The Orange County Transportation Authority (OCTA) is requesting that the City of Tustin enter into Cooperative Agreement No. C-8-0863, thereby allowing the OCTA to proceed with design and construction of safety enhancements at the Red Hill Avenue railroad crossing. The OCTA Board of Directors approved the cooperative agreement on August 25, 2008. Completion of the safety enhancements will allow the City to file a Notice of Establishment of a Quiet Zone with the Federal Rail Authority. RECOMMENDATION It is recommended that the City Council approve Cooperative Agreement No. C-8-0863 with the Orange County Transportation Authority for Rail-Highway Crossing Safety Enhancements and Safety Measures Related to Quiet Zone Implementation at the Red Hill Avenue railroad crossing, and authorize the Mayor• and City Clerk to execute the document on behalf of the City. FISCAL IMPACT Design and construction of the safety enhancements at the Red Hifl Avenue railroad crossing will be administered by the OCTA. The City's cost will be 12% of the total estimated cost of $2,559,651 resulting in the City's estimated share of $307,158. Currently, a budget amount of $500,000 has been allocated in CIP No. 4069, "Red Hill Avenue Quiet Zone Improvements at OCTA/SCRRA Railway" to cover these costs. An estimated annual cost of $4,800 will be paid to the Southern California Regional Rail Authority (SCRRA) for operation and maintenance of the safety devices, as required by the SCRRA under a separate Construction and Maintenance Agreement. It has been determined that no additional insurance coverage will be required under Cooperative Agreement No. C-8-0863 to comply with the stipulated terms and conditions. BACKGROUND On June 13, 2005, the OCTA Board of Directors adopted the implementation strategy for railroad grade crossing safety enhancements throughout the County of Orange. On June 24, 2005 the Federal Railroad Administration (FRA) Final Train Horn Rule became effective, thereby allowing cities to establish Quiet Zones. On August 27, 2007 the OCTA Board of Directors adopted a recommendation to include additional improvements in the grade crossing enhancement program that would enable cities to establish Quiet Zones. On August 25, 2008 the OCTA Board of Directors approved Cooperative Agreement No. C-8-0863. Approval of Cooperative Agreement No. C-8-0863 between the Orange County Transportation Authority and the City of Tustin for Rail-Highway Crossing Safety Enhancements and Safety Measures Related to Quiet Zone Implementation at the Red Hill Avenue Railroad Crossing September 2, 2008 Page 2 DISCUSSION The OCTA has initiated design of enhancements for the Orange County Grade Crossing Enhancement Program under which 52 grade crossings within 9 cities will be upgraded. Upon request of cities, the enhancements may be upgraded to meet FRA requirements for the establishment of Quiet Zones. The City of Tustin has requested such an upgrade in the design of the enhancements at the Red Hill Avenue railroad crossing. The improvement plans are 60% complete to date. The Southern California Regional Rail Authority (SCRRA), under an agreement with the OCTA, will construct the improvements as part of its Metrolink expansion program. In addition to Cooperative Agreement No. C-8-0863, the City must enter into a Construction and Maintenance Agreement with the SCRRA. A draft of this agreement is currently under review by City staff. As a condition of Cooperative Agreement No. C-8-0863, the City and SCRRA must execute the Construction and Maintenance Agreement prior to commencement of the construction work. That agreement with the SCRRA will be presented to the City Council for approval in the near future. Construction at the 52 crossings, including the Red Hill Avenue crossing, is scheduled to begin in January 2009, with completion anticipated by December 2009. At the time of completion of the improvements, the City of Tustin can file a Notice of Establishment with the FRA, thereby officially establishing a Quiet Zone. In order to keep design and construction of the Red Hill Avenue Grade Crossing Safety Enhancements on schedule, staff is recommending approval of Cooperative Agreement No. C-8- 0863. The City Attorney has reviewed and approved the document as to form. ENVIRONMENTAL The project has been determined to be Categorically Exempt pursuant to the California Environmental Quality Act, Class 1(f), Section 15301. The attached Notice of Exemption will be filed with the Office of the County Recorder. ~~ Tim D. Serlet Director of Public Works/City Engineer Dana R. Kasdan Engineering Services Manager Attachment: Location Exhibit Cooperative Agreement No C-8-0863 with OCTA Notice of Exemption S:\City Council Items\2008 Council Items\Approval of Coop Agreement for Red Hill Quiet Zone.doc z LL 0 ~_ U ~9 ~~` 7 P .~ '~' z / ~o~ ~J~ d O~ ~ so w P . N )boy ~QO Sib d m ~~, a ~ ~~ ti~ Gam. P O~1 a ~ G ~, ~~ ~~~ ~ ~~ ~ pd, ~~a~ ~ `rP ~ ~~~ O/~~ y~P O ~~- U ~~- W ~ •a. \~ ~ Q O U ~~ ~ ~ ~~~ ~ ~J Q ~~` a / J <\ ~Q- P ~ ~,~ \~~ Q' ~~~ O~ EGG ~v lv~ O ~b o~F J~~~\P~ >>ti ~ i 0 ~Q. ~b ~P ~b~ ~J~ Ooo~ P(v 7 b ~P Orb ~~C, ~~O JP~ GPI O~ ~ G~~' b ~~ti a S~~ P • » ,~oa 1 ~~~~• ~ Z O Q ~- z w w J d w z 0 N w a 0 z Q z w w U Z Q Z w r W a c~ z N O U 0 Q 0 _J Q w z w Q J _J 2 0 w COOPERATNE AGREEMENT NO. C-8-0863 COOPERATIVE AGREEMENT No. C-8-0863 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF TUSTIN FOR RAIL-HIGHWAY CROSSING SAFETY ENHANCEMENTS AND SAFETY MEASURES RELATED TO QUIET ZONE IMPLEMENTATION FOR CITIES This Cooperative Agreement ("AGREEMENT") is effective this day of 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 Tustin, 300 Centennial Way, Tustin, 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 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 crossing enhancement program (PROGRAM) as set forth therein; and Last revision 08/01/08 COOPERATIVE AGREEMENT NO. C-8-0863 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 et 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, 2007 Board of Directors' meeting, adopted a recommendation to include into the grade crossing enhancement program improvements designed to help enable CITY to establish a quiet zone; 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 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 rail-highway crossing enhancements and improvements within the CITY's jurisdiction; and WHEREAS, the intent of the parties is that the 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. WHEREAS, CITY and AUTHORITY acknowledge that AUTHORITY's obligation is to fund and oversee the PROJECT under this AGREEMENT and AUTHORITY'S obligations Last revision 08/01 /08 COOPERATIVE AGREEMENT NO. C-8-0863 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 AGREEEMENT 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 et seq ("CEQA"). AUTHORITY shall have no obligations under this AGREEMENT, and the AGREEMENT shall have no force and effect, unless 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 of this AGREEMENT concerning the work identified herein and prior representations, understandings and communications between the parties. The invalidity in whole or part of any term or condition of this AGREEMENT shall not affect the validity of the other terms or conditions. 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", (based upon latest drawing, latest cost estimates) 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 Last revision 08/01/08 COOPERATIVE AGREEMENT NO. C-8-0863 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 Grade 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. 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. AUTHORITY will assist in building consensus among affected parties in regard to the required enhancements. Last revision 08/01 /08 COOPERATIVE AGREEMENT NO. C-8-0863 E. AUTHORITY will submit detailed monthly invoices to CITY for payment of CITY's required twelve percent local matching funds. ARTICLE 4. RESPONSIBILITIES OF CITY CITY agrees to the following, subject to the requirements of Article 5 of the AGREEMENT: A. CITY will advise AUTHORITY as early as possible of current, and a minumum 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. 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 AUTHORITY in accordance with the PROJECT schedule. Utility protection/relocation costs are project costs in accordance with Article 3, Subsection B. 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 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. Last revision 08/01 /08 COOPERATIVE AGREEMENT NO. C-8-0863 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 to become effective after all of the construction improvements are completed. H. CITY will provide construction inspection services, at its discretion, in a timely fashion, and at no cost to AUTHORITY, SCRRA or the PROJECT, as necessary to satisfy CITY that work is being conducted in accordance with CITY-approved plans. Should City fail 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. I. CITY will, during the construction phase of the PROJECT, work with SCRRA, and SCRRA's construction contractor(s) to approve requests by SCRRA and/or SCRRA's contractor(s) to temporarily close individual grade crossings over weekend work windows (work windows will be from Friday night, no earlier than 8:00 pm, to Monday morning, no later than 6:00 am), for the purposes of constructing the PROJECT. At least 30 day advance notice shall be provided to CITY by SCRRA and/or SCRRA's contractor(s) for any desired closures, additionally SCRRA and/or SCRRA's contractor(s) will post notification of such closure on Red Hill Avenue at least 30 days prior to closure if reasonably possible. No adjacent grade crossings shall be closed without written approval from the CITY. J. 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. Last revision 08/01/08 COOPERATIVE AGREEMENT NO. C-8-0863 K. 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. L. 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. M. Should the CITY advance grade crossing improvements, in order for these improvements to be funded by AUTHORITY, they must meet SCRRA standards. The estimated expenditure schedule for CITY's local matching funds is as follows (see Cost Estimate described in Exhibit B): FISCAL YEAR CITY'S SHARE (12 percent) OF ESTIMATED PROJECT COST 2007/2008 $0.00 2008/2009 $307,158 2009/2010 $0.00 Total $307,158 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 Exhibit A. O. 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 follow 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," Last revision 08/01 /08 COOPERATNE AGREEMENT NO. C-8-0863 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 mutually agreeable Construction and Maintenance Agreement (C&M Agreement) with SCRRA. 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 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. ARTICLE 5. CALIFORNIA ENVIRONMENTAL QUALITY ACT AUTHORITY's obligations under this AGREEEMENT are subject to CITY'S successful completion of CITY's review of the PROJECT pursuant to the California Environmental Quality Act, Public Resources Code section 21000 et seq ("CEQA"). AUTHORITY shall have no obligations under this AGREEMENT, and the AGREEMENT shall have no force 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. Last revision 08/01 /08 COOPERATNE AGREEMENT NO. C-8-0863 ARTICLE 7. AUDIT AND INSPECTION AUTHORITY shall maintain a complete set of records in accordance with generally accepted accounting principles. Upon reasonable notice, 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 on-going audit is completed, whichever is later. 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 08/01/08 COOPERATIVE AGREEMENT NO. C-8-0863 ARTICLE 8. INDEMNIFICATION A. AUTHORITY shall defend, indemnify and hold harmless the CITY, 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 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 a like 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 CITY 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 welt 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 establishment and operation of a Quiet Zone at a rail-highway crossing. This indemnity shall Last revision 08/01/08 COOPERATIVE AGREEMENT NO. C-8-0863 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. B. 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: To CITY: Tim D. Serlet Director of PublicWorks/City Engineer City of Tustin 300 Centennial Way To AUTHORITY: Darrell Johnson Director, Transit Project Delivery Commuter Rail Orange County Transportation Authority 550 South Main Street P. O. Box 14184 Last revision 08/01/08 COOPERATIVE AGREEMENT NO. C-8-0863 Tustin, CA 92780-3715 E-mail: tserlet@tustinca.org Telephone: (714) 573-3150 Facsimile: (714) 734-8991 Orange, CA 92863-1584 E-mail: djohnson@OCTA.net Telephone: (714) 560-5343 Facsimile: (714) 560-5794 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 Aareement - 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. 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 Last revision 08/01/08 COOPERATIVE AGREEMENT NO. C-8-0863 further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing. 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 Comely 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. This AGREEMENT shall be effective upon execution by both parties. Last revision 08/01 /08 COOPERATIVE AGREEMENT NO. C-8-0863 IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT No. C-8- 0863 to be executed on the date first above written. CITY OF TUSTIN By: Jerry Amante Mayor APPROVED AS TO FORM: By: Douglas Holland City Attorney ATTEST: By: Pamela Stoker City Clerk Date: ORANGE COUNTY TRANSPORTATION AUTHORITY By: Arthur T. Leahy Chief Executive Officer APPROVED AS TO FORM: By: Kennard R. Smart, Jr. General Counsel APPROVAL RECOMMENDED: By: Kia Mortazavi, Executive Director, Development Date: Last revision 08/01/08 EXHIBIT "A" OCTA GRADE CROSSING SAFETY ENHANCEMENT PROGRAM SCOPE OF WORK Tustin Red Hill Avenue - 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/relocate 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, maintain existing, and remove conflicting traffic control devices including signing, striping, pavement legends and curb painting. D. Railroad Improvements: 1. Install Concrete Crossing Panels and Remove Rubber Crossing Panels 2. Install Grade Crossing Improvements. 3. Install Signal Improvements and Active Warning Devices E. Traffic signal Improvements: 1. Install new northbound and southbound queue cutter signals. EXHIBIT "B" OCTA GRADE CROSSING SAFETY ENHANCEMENT PROGRAM COST ESTIMATE CITY OF TUSTIN PROJECT TASK Est. Project Total Cost Est. City Local Match (12%) TUSTIN - OCTA A enc Costs: 492,933 59,152 includes A en ,Serve , Desi Ins ct, Pro'ect M t, Fla in , Pennitin , Si al-RR. Traffic Si 1 Interface IEEE 1570 Protocol : 277,817 33,338 includes Admin, Pavement Si & Stri in . Safe Enhancements CIVIL IMP : 607,683 72,922 RR Im rovements: 661,250 79,350 Pro"ect Contin en & Inflation: 519,968 62,396 TOTAL ESTIMATED COSTS: 2,559,651 307,158 COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573-3100 NOTICE OF EXEMPTION ® Fee Exempt per Govt. Code Section 6103 Project Title: Railroad Grade Crossing Safety Enhancements and Safety Measures Related to Ouiet Zone Implementation at the Red Hill Avenue Railroad Crossing Project Location: Grade Crossing of the Metrolink Railroad and Red Hill Avenue just north of Edinger Avenue, Tustin, California Project Location -County: Orange County Project Description: Vehicular and pedestrian safety improvements at an existing railroad grade crossing The proiect includes the construction of new medians modification of existing medians roadway striping and installation of signage pedestrian gates securitygates fencing_ and cantilever signals. Name of Public Agency Approving Project: City of Tustin Name and address of Person or Agency Carrying Out Project: City of Tustin Exempt Status: (Check One) ^ Ministerial (Sec. 21080(b)(1); 15268) ^ Declared Emergency (Sec. 21080(b)(3); 15269(a)) ^ Emergency Project (Sec. 21080(b)(4); 15269(b)(c)) ® Categorical Exemption (State Class and Section No ^ Statutory Exemptions (State Code No.) Class 1(f), Section 15301; Safety protection devices Reason why project is exempt: The proiect consists of safety protection devices that will improve vehicular and pedestrian safety at an existing railroad grade crossing_The project is located in a developed urban area and will not have a significant impact on sensitive environmental resources historic resources or scenic hi hways The proiect is primarily within existing right-of--way with minor right-of--way acquisition The project would not contribute to a cumulative effect. Lead Agency Contact Person Terry Lutz Telephone (714) 573-3263 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? ^ Yes ^ No Date Elizabeth A. Binsack Community Development Director