To:
FROM:
DATE:
SUBJECT:
CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
Honorable Mayor and Council Members
Jacki Scott, Public Works Director/City Engineer
April 15, 2025
Approval of Amendment No. 1 to the Design Services Agreement with Southern California Regional Rail Authority (SCRRA) and Approval of a Construction and Maintenance Agreement with SCRRA for the Crown Valley Parkway Westbound Widening Project
RECOMMENDATION
Staff recommends that the City Council:
1) Approve Amendment No. 1 to the Design Services Agreement (DSA) with the Southern California Regional Rail Authority (SCRRA), increasing the total not-to exceed design-costs by $15,000 to $233,200; and,
2) Approve the Construction and Maintenance Agreement (C&MA) between the SCRRA and the City of Laguna Niguel for the construction and maintenance of the Crown Valley Parkway Overpass North Side Widening Crossing over the Metrolink Tracks at Metrolink's Orange Subdivision MP 193.20, CPUC Crossing No.: 101 OR-193.20-A, DOT No.: 026780C, in the City of Laguna Niguel, Orange County, California ; and,
3) Authorize the payment of incremental deposits representing costs for work to be performed by the SCRRA under the C&MA with a total not-to-exceed value of $556,100; and,
4) Authorize the City Manager to execute Amendment No. 1 to the DSA and execute the C&MA with SCRRA, subject to the City Attorney making non-substantive changes .
BACKGROUND
Crown Valley Parkway, from Interstate 5 (1-5) to Greenfield Drive, is designated as an Enhanced Major Arterial Highway in the Circulation Element of the City's General Plan.
The designation of "enhanced" indicates that traffic conditions in this location require additional travel lanes to reduce current congestion and to meet future traffic volume expectations. The need for additional travel lanes in this section of Crown Valley Parkway was also included in the 2011 Gateway Specific Plan.
The Crown Valley Parkway Westbound Widening Project (Project) will construct a fourth lane on Crown Valley Parkway, from the 1-5 southbound off-ramp to Cabot Road. The
Project will require the widening of the Oso Creek Bridge, which spans Oso Creek Channel, as well as the bridge spanning the Southern California Regional Rail Authority (SCRRA) railroad tracks. Additionally, the Project will include improvements to the intersection with Forbes Road, the median and parkway landscaping, street lighting, and signage. In order for the widening of the bridge which spans the SCRRA railroad tracks to occur, SCRRA requires a Design Services Agreement (DSA) and a Construction and Maintenance Agreement (C&MA) to be executed. A location map is provided as Attachment "A".
Design Phase
The DSA with SCRRA was executed in 2016. This agreement encompassed SCRRA's review of the City's engineering design documents for the bridge widening over the railroad tracks. The design phase also included SCRRA's assessment of any modifications needed to its railroad tracks or related equipment as a result of the City's bridge widening project. The Amendment No. 1 to the DSA will provide the funds for SCRRA's final review of the final plans and engineer's costs estimates for construction and other administrative costs to close out the design phase and initiate the construction phase.
Construction Phase
The C&MA is required for the City to proceed with the construction phase of the project.
The C&MA will provide the City with the appropriate access rights needed for both the construction and maintenance of the modifications to the bridge spanning the SCRRA owned railroad tracks on Crown Valley Parkway. Additionally, the C&MA defines the SCRRA standards, railroad safety and operational provisions the City must comply with during the bridge modification work, as well as the railroad work to be performed by SCRRA. The City is also required to pay the deposits reflected in the C&MA in advance of starting any construction work on the bridge modifications.
The Amendment No. 1 to the DSA is provided as Attachment "B" and the C&MA is provided as Attachment "C".
ANALYSIS
The successful widening of Crown Valley Parkway can only be accomplished through the acquisition of access rights. The operator of the railroad (SCRRA) will enter into a C&MA authorizing the construction and defining the maintenance responsibilities for the bridge widening. The scope of work for the C&MA includes project management , construction management and maintenance support for the railroad tracks/structure, signal operations, and communications. The C&MA requires the deposit of the estimated costs of work to be performed by SCRRA totaling $556,100. The approval of the Amendment No. 1 to the DSA, the approval of the C&MA and the payment of the C&MA deposits will complete the acquisition of the SCRRA access rights and allow the Project to proceed to the construction phase.
The City Council, by action on November 15, 2011, adopted Resolution No. 2011-1047, certifying the Laguna Niguel Gateway Specific Plan Final Program Environmental Impact Report PEIR 11-01 (State Clearing House No. 1998111080) providing CEQA compliance
for this Project. This Project supports Goal 4 (Infrastructure and Technology) of the City's adopted Strategic Plan.
ALTERNATIVES CONSIDERED
The City Council may decide not to approve Amendment No. 1 to the DSA, the C&MA or authorize payment of the deposit amount required by the C&MA. This alternative is not recommended as the Crown Valley Parkway Westbound Widening Project Right-of-Way and Construction phases would be delayed. A delay to the approval of Amendment No. 1 to the DSA and the C&MA may result in the loss of grant funding.
FISCAL REVIEW
The Fiscal Year 2024-25 Capital Improvement Program includes sufficient funding for Right-of-Way phase of the Crown Valley Parkway Westbound Widening Project. The OCTA grant includes funding for the payment required in the C&MA and will be budgeted in the Fiscal Year 2025-26 Capital Improvement Program.
LEGAL REVIEW
The City Attorney 's office has reviewed the Amendment No. 1 to the DSA and the C&MA with SCRRA and has approved the documents as to form.
CONCLUSION
Staff recommends that the City Council:
1) Approve Amendment No. 1 to the Design Services Agreement (DSA) with the Southern California Regional Rail Authority (SCRRA), increasing the total not-to exceed design costs by $15,000 to $233,200; and
2) Approve the Construction and Maintenance Agreement (C&MA) between the SCRRA and the City of Laguna Niguel for the construction and maintenance of the Crown Valley Parkway Overpass North Side Widening Crossing over the Metrolink Tracks at Metrolink's Orange Subdivision MP 193.20, CPUC Crossing No.: 101 OR-193.20-A, DOT No.: 026780C, in the City of Laguna Niguel, Orange County, California; and
3) Authorize the payment of incremental deposits representing costs for work to be performed by the SCRRA under the C&MA with a total not-to-exceed value of $556,100; and
4) Authorize the City Manager to execute the Amendment No. 1 to the DSA and execute the C&MA with SCRRA, subject to the City Attorney making non substantive changes.
~bf~
City Manager
~ Harri()artin
Senior Civil Engineer
Attachments:
A Location Map
B. Amendment No. 1 to Design Services Agreement with SCRRA C. Construction and Maintenance Agreement between SCRRA and the City of Laguna Niguel
ATTACHMENT A
Location Map
Project Limits
Location Map
Crown Valley Parkway Westbound Widening (From 1-5 Off-Ramp to Forbes Road) Laguna Niguel
ATTACHMENT B
Amendment No. 1 to the Design Services Agreement
between SCRRA and the City of Laguna Niguel
AMENDMENT NO. 1
DESIGN SERVICES AGREEMENT
BETWEEN
SOUTHERN CALIFORNIA
REGIONAL RAIL AUTHORITY
AND
THE CITY OF LAGUNA NIGUEL
For
CROWN VALLEY PARKWAY OVERPASS .
WIDENING
MILE POST 193.2- SCRRA ORANGE
SUBDIVISION
CPUC NO. OR-193.2-A
DOT No. 026780C
Laguna Niguel, Orange, California
1 Amendment No. 1 to Design Services Agreement for Crown Valley Overpass Widening Amendment No.I to Design Services Agreement
For
CROWN VALLEY PARKWAY OVERPASS WIDENING
CPUC No. OR-193.2-A
DOT No.: 026780C
193.2 - Orange Subdivision
Laguna Niguel, Orange, California
This "AMENDMENT No. 1" to the Design Services Agreement for Crown Valley Parkway Overpass Widening, effective December 20th, 2016, hereinafter referred to as ("DSA") is made effective as of the ____ day of--- ~ 2025, 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, Ste. 1500, Los Angeles, CA 90017 and the CITY OF LAGUNA NIGUEL, 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 30111 Crown Valley Parkway, Laguna Niguel, CA 92677. CITY and SCRRA may be referred to singly as "PARTY" and collectively as "PARTIES."
RECITALS:
WHEREAS, the PARTIES entered into a Design Services Agreement dated December 20th, 2016, ("ORIGINAL AGREEMENT") that defined the terms, conditions, responsibilities and roles of the PAR TIES throughout the preliminary engineering and design phase for the Crown Valley Parkway Overpass Widening ("PROJECT").
WHEREAS, the PROJECT may be summarized as the widening on the north side of the existing grade separated overhead structure within the Railroad right-of-way, coordination of the Railroad signal design and preparation and review of the engineering designs and plans progressing to final Plans, Specifications and Estimates ("PS&E").
1 Amendment No. 1 to Design Services Agreement for Crown Valley Overpass Widening WHEREAS , the PARTIES now desire to enter into "AMENDMENT No. 1" to the existing AGREEMENT to update the estimated cost for RAILROAD WORK.
AGREEMENT
In consideration of these promises and mutual understandings of the parties hereto, SCRRA and the CITY agree as follows:
Article 2 of SECTION II of the AGREEMENT is hereby amended to add the following:
"Upon execution of AMENDMENT No. 1 to this AGREEMENT, deposit with SCRRA one hundred percent (100%) of the additional design costs associated with AMENDMENT No. 1 as shown in the estimate contained in Attachment B, Railroad Services Costs, being fifteen thousand dollars ($15,000) ." Article 10 of SECTION III of the AGREEMENT is hereby amended in its entirety to read as follows:
" 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: ToSCRRA :
Ms. Jacki Scott Mr. Andy Althorp
Public Works Director Director, Capital Construction
Public Works Department Southern California Regional Rail Authority City of La!!llila Nillllel
Laguna Niguel City Hall 2558 Supply Street, Building A
30111 Crown Valley Parkway
La!lll.Ila Niguel, CA 92677 Pomona, CA 91767
E-mail: [email protected] E-mail: [email protected] Telephone: (949) 362-4337 Telephone: (213) 494-8080
2 Amendment No. 1 to Design Services Agreement for Crown Valley Overpass Widening ATTACHMENT B Rev. 01, illustrating the additional estimated costs over and above the existing estimated costs as shown in ATTACHMENT B of the AGREEMENT and to be read in conjunction with said ATTACHMENT B, attached hereto and incorporated herein by reference is hereby added to the AGREEMENT.
Except as specifically set forth in this AMENDMENT NO. 1, the remaining provisions of the AGREEMENT shall remain unchanged and continue in full force and effect. 3 Amendment No. 1 to Design Services Agreement for Crown Valley Overpass Widening 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
By: - --------- - - --
Darren M. Kettle
Chief Executive Officer
Date: - --- ------ - - --
APPROVED AS TO FORM:
By: ___ _ ________ _
Don 0. Del Rio
General Counsel
Date: --------------
CITY OF LAGUNA NIGUEL
By: ----- --- - ---
Tamara·S. Letourneau
City Manager
Date: - ---- ----- ---
APPROVED AS TO FORM:
By: _ _ _ ___ _ _ ___ _ _
Scott C. Smith
City Attorney
Date: -------- --- --
4 Amendment No. 1 to Design Services Agreement for Crown Valley Overpass Widening ATTACHMENT B Rev.01
RAILROAD SERVICE COSTS
NO. ITEM QUANTITY UNIT COST
1 Scope of Work
1.1 Final Review of C&M Agreement, 1 LS $5,000
prepare Board Report, Board
presentation, execute A2Teement
1.2 Final review of plans and support 1 LS $5,000
to GO-88B
1.3 Miscellaneous other items for 1 LS $5,000
support/ contingency
TOTAL $15,000
Notes
1 All costs as detailed in original
ATTACHMENT B remain
applicable. Costs shown above are
additional costs to complete
Desirn Support phase for Project.
5 ATTACHMENT C
Construction and Maintenance Agreement between
SCRRA and the City of Laguna Niguel
6-21-2023
SCRRA File No S0000376
SCRRA Project No. TBD
CONSTRUCTION AND MAINTENANCE AGREEMENT
BETWEEN
SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY
AND THE
CITY OF LAGUNA NIGUEL
FOR THE CONSTRUCTION AND MAINTENANCE OF THE
CROWN VALLEY PARKWAY OVERPASS
NORTH SIDE WIDENING
CROSSING OVER THE METROLINK TRACKS
AT
METROLINK'S ORANGE SUBDIVISION MP 193.20
CPUC CROSSING NO.: 101 OR-193.20-A
55842.0000 I \43106980.1
DOT NO.: 026780C
IN THE CITY OF LAGUNA NIGUEL
ORANGE COUNTY, CALIFORNIA
SCRRA File No S0000376
SCRRA Project No. TBD
This Construction and Maintenance Agreement ("Agreement") is made and entered into as of the __ day of _________ , 20 __ , 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, California 90017, and the CITY OF LAGUNA NIGUEL a charter city and a municipal corporation organized and existing under the laws of the State of California and its Charter, hereinafter referred to as "City", to be addressed at 30111 Crown Valley Parkway, Laguna Niguel, California, 92677.
Herein, SCRRA, and CITY referred to individually as each "PARTY" and collectively as the "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 ("LACMTA"), Ventura County Transportation ("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, positive train control ("PTC") systems, and appurtenances on the rail line known as the Orange Subdivision in the area of the proposed Crown Valley Parkway North Side Overpass widening located at the Metrolink Orange Subdivision MP 193.20. SCRRA and the "Operating Railroads" [as used herein "Operating CPUC No. 101 OR-193.20-A
DOT No. 026780C
55842.00001\43I06980. I
Crown Valley Parkway Overpass-North Side Widening
SCRRA File No S0000376
SCRRA Project No. TBD
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 crossing location on right-of-way owned by OCT A, in accordance with the Shared Use Agreement dated October 30, 1992, and the Agreement between SCRRA, its Member Agencies, and the National Railroad Passenger Corporation (Amtrak) and known as the "Intercity Agreement".
By instrument dated August 1st, 1967, the Atchison, Topeka and Santa Fe Railway Company herein-after called "Santa Fe" and the County of Orange entered into an Agreement (the "Original Agreement") covering the construction, use, maintenance and repair of a grade separated overpass structure that carries vehicular traffic traversing on Crown Valley Parkway, CPUC No. OR - 193.20 - A, DOT No. 026780C, at SCRRA's Mile Post 193.20 on its Orange Subdivision in Laguna Niguel. SCRRA named herein is the successor in interest to Santa Fe.
By instrument dated December 29th 2010, SCRRA and the CITY entered into that certain Construction and Maintenance Agreement (the "First C & M Agreement") covering the construction, use, maintenance and repair for the widening of the existing grade separated overpass structure to accommodate additional lanes for east bound vehicular traffic traversing on Crown Valley Parkway, CPUC No. OR - 193.20 - A, DOT No. 026780C, at SCRRA's Mile Post 193.20 on its Orange Subdivision in Laguna Niguel.
The CITY now desires to widen the existing Crown Valley Parkway grade separated overpass structure, as constructed under the Original Agreement and subsequently widened to add additional eastbound traffic lanes under the First C&M Agreement, in order to add additional westbound traffic lanes to the Crown Valley Parkway Overpass CPUC No. 101 OR-193.20-A
DOT No. 026780C
55842.00001\43106980 I
P age 12 Construction and Maintenaince Agreement
Crown Valley Parkway Overpass-North Side Widening
SCRRA File No S0000376
SCRRA Project No. TBD
(the "STRUCTURE"). The STRUCTURE and associated roadway improvements and appurtenances are collectively the "Project." The general arrangement, type, size, plan, section, and location of the STRUCTURE proposed by the CITY are shown on the location print marked as Exhibit B-2. The detailed plans(s) of the STRUCTURE PROJECT, including the STRUCTURE upon acceptance by SCRRA are to be included in this Agreement and collectively marked as Exhibit B-3.
The PROJECT also includes any and all changes to railroad communication, signal, electrical lines and appurtenances, temporary and permanent track work, signal bridge STRUCTURE, fencing, grading, alterations to or new construction of drainage facilities and including SCRRA preliminary and construction engineering and contract preparation for all changes, repairs and -protection of railroad facilities impacted by construction.
The right of way granted by Santa Fe to the CITY under the terms of the Original Agreement and the access to property pursuant to the LICENSE AGREEMENT granted by OCTA for the widening of the existing grade separated overpass STRUCTURE to accommodate eastbound vehicular traffic under the terms of the First C&M Agreement are not sufficient to accommodate the widening of the existing grade separated overpass STRUCTURE to accommodate westbound vehicular traffic.
Therefore, under this Agreement, the CITY will need to seek an additional LICENSE AGREEMENT from OCTA to facilitate the reconstruction and widening of the existing STRUCTURE for west bound vehicular traffic. The portion of OCTA's Right-of-Way required by the CITY in connection with the STRUCTURE is described in the LICENSE AGREEMENT marked as Exhibit C-1 and illustrated on the plat marked as Exhibit C-2 to this Agreement, attached hereto and incorporated herein by reference.
The LICENSE AGREEMENT and associated plat collectively define the "CROSSING AREA".
CPUC No. 101 OR-193.20-A
DOT No. 026780C
55842.0000 I \43106980. l
P age 13 Construction and Maintenaince Agreement
Crown Valley Parkway Overpass-North Side Widening
SCRRA File No S0000376
SCRRA Project No. TBD
The CITY and SCRRA now desire to enter into this Agreement to establish the terms of SCRRA's support and services required by the CITY for the Project, City's responsibilities and obligations in connection with the PROJECT and the Parties' responsibilities and obligations related to maintenance of the PROJECT once completed. STRUCTURE
Now, THEREFORE, in consideration of the foregoing recitals and mutual understandings herein, the Parties agree as follows:
AGREEMENT
ARTICLE 1 - LIST OF EXHIBITS
The exhibits below are attached to and made a part of this Agreement as if set forth in their entirety:
Exhibit A
Exhibit B-1
Exhibit B-2
Exhibit B-3
Exhibit B-4
Exhibit B-5
Exhibit C-1
CPUC No. IOI OR-193.20-A
DOT No. 026780C
55842.00001\43106980 I
Standard Terms and Conditions
Detailed Description of Project
Railroad Location Print
Project Plans (Project Title Sheet and Bridge General Plan) Project Specifications (Cover Page)
SCRRA Approval of Plans and Related Documents
License for Crossing Area
Pa g e 14 Construction and Maintenaince Agreement
Crown Valley Parkway Overpass-North Side Widening
Exhibit C-2
Exhibit D-1
Exhibit D-2
Exhibit E-1
Exhibit E-2
Exhibit E-3
Exhibit F
Exhibit G
SCRRA File No S0000376
SCRRA Project No. TBD
Plat of Crossing Area
City Scope of Work and Estimate (City Work)
SCRRA Scope of Work and Estimate (Railroad Work)
SCRRA Form 37, Rules and Requirements for
Construction on SCRRA Property and List of Required
Submittals-Reference Article 5.1, SCRRA Requirements
for access on the Metrolink Web site.
SCRRA Form 6, Temporary Right of Entry Agreement and
SCRRA Insurance Requirements, Access Control
Management Plan Requirements- Reference Article 5.1,
SCRRA Requirements for access on the Metrolink Web
site.
SCRRA Bridge Design Requirements-Reference Exhibit E-
3 for access on the Metrolink Web Site
Funding Schedule
CPUC Decision Granting Authority to Alter Highway-Rail
Crossing Pursuant to General Order 88-B
ARTICLE 2 - DESCRIPTION OF PROJECT
2.1 The CITY proposes to widen Crown Valley Parkway in the westbound direction from the southbound Interstate 5 (1-5) exit ramp to just west of the Oso Creek Bridge approximately 1,200 feet. As part of the Crown Valley Parkway CPUC No. 101 OR-193.20-A
DOT No. 026780C
55842.00001\43106980 I
P age 15 Construction and Maintenaince Agreement
Crown Valley Parkway Overpass-North Side Widening
SCRRA File No S0000376
SCRRA Project No. TBD
widening project, the Crown Valley Parkway Overpass will be widened on the northerly side 13 '-0 3/8 ".
The general arrangement, plan, section, and location of the STRUCTURE proposed by the CITY are shown on the location print marked as Exhibit B-2. The detailed plan(s) of the STRUCTURE and PROJECT upon acceptance by SCRRA are to be included in this AGREEMENT by reference and are collectively marked as Exhibit B-3. The detailed specifications of the STRUCTURE and PROJECT upon acceptance by SCRRA are to be included in this AGREEMENT by reference and are collectively marked as Exhibit B-4.
The PROJECT also includes protection in place of SCRRA's CP Crown Signal Bridge.
ARTICLE 3 - PLANS AND SPECIFICATIONS
3.1 CITY shall comply with all SCRRA terms and conditions including those that are described in Exhibits E-1 and E-2, and including all SCRRA Standards, Design and Construction Criteria and Guidelines and any other special guidelines that SCRRA may provide to the CITY for this PROJECT for any work performed by the CITY or Contractor(s) for the CITY.
3.2 CITY has prepared the PS&E for the design of the STRUCTURE in connection with the PROJECT, which is more fully described in EXHIBIT D-1, CITY WORK.
3.4 SCRRA has reviewed the PS&E for the CITY WORK to ensure general conformance with SCRRA standards and requirements. No changes in the final approved PS&E of the CITY WORK may be made unless SCRRA has consented to the proposed changes in writing. Approval by SCRRA shall mean only that the PS&E meet the standards of SCRRA, and such approval by SCRRA shall not be deemed to mean that the PS&E or construction is structurally sound and CPUC No. 101 OR-193 .20-A
DOT No. 026780C
55842.0000 I \43106980.1
Pa ge 16 Construction and Maintenaince Agreement
Crown Valley Parkway Overpass-North Side Widening
SCRRA File No S0000376
SCRRA Project No. TBD
appropriate or that the PS&E meet applicable regulations, laws, statutes, local ordinances, building codes, or any combination thereof.
3.5 Upon completion of the construction of the PROJECT, the CITY at its sole cost and expense, shall furnish to SCRRA a USB Flash Drive containing all of the construction and contract documents in portable document format (PDF}, including but not limited to; plans depicting the as-constructed condition of the PROJECT and appurtenances, and drawings for SCRRA owned or maintained facilities electronically in an editable MicroStation format.
ARTICLE 4 -CITY REQUIREMENTS (Not Used)
ARTICLE 5 -SCRRA REQUIREMENTS
5.1 CITY at its sole cost and expense, shall comply, and shall ensure that its employee(s), consultant(s) and contractor(s) comply, at all times when on or adjacent the rail right-of-way, with the rules and regulations, as contained in the current editions of the following documents, which are otherwise known as "REFERENCES", as incorporated in this document as if they were set full in this paragraph, and incorporated in this AGREEMENT by reference. These documents are described and can be accessed on the Metrolink Web site. https://www.metrolinktrains.com/about/agency/enqineerinq--construction/ a) General Safety Regulations for Third Party Construction and Maintenance Activity on the SCRRA Member Agency Property
b) Applicable SCRRA Engineering Standards
c) SCRRA Right of Way Encroachment Application
d) SCRRA Right of Way Encroachment Process- July 14, 2022 e) SCRRA Form 6 Temporary Right of Entry Agreement
f) SCRRA Form 37 Rules and Requirements for Construction on SCRRA Right of Way
CPUC No. 101 OR-193.20-A
DOT No. 026780C
55842.0000 I \43 I 06980.1
Crown Valley Parkway Overpass-North Side Widening
SCRRA File No S0000376
SCRRA Project No. TBD
g) Standard Terms and Conditions- As set forth in this AGREEMENT- Exhibit A
5.2 This Agreement is not in lieu of the SCRRA's Permitting and Right-of-Entry process. The CITY and its consultants and contractors are required at all times to follow all SCRRA Form 6 and 37 requirements for any persons, work or equipment upon the railroad right-of-way, and other applicable guidelines and directives, as found at:
https://metrolinktrains.com/about/agency/right-of-way/
The Contractor employed by the CITY for the construction of the herein after referred to as the ("PRIME CONTRACTOR "). PRIME CONTRACTOR must submit and execute SCRRA's Form 6, and obtain formal SCRRA approval, prior to entering or beginning work on Railroad Right-of-Way and before SCRRA support services will be scheduled or provided including: Railroad Protection, SCRRA Cable and Signal Marking, and SCRRA Safety. Form 6 shall be submitted to:
5.3 CITY, PRIME CONTRACTOR and all employee(s), consultant(s), and contractor(s) employed by CITY shall ensure compliance with the terms and conditions of the AGREEMENT for work specified in this Article. SCRRA requires all CITY employee(s), consultant(s) and contractor(s) working on the PROJECT to attend the SCRRA Safety Training for Roadway Worker Protection ("RWP"), as a mandatory prerequisite to enter the railroad right-of-way or perform any work outside the railroad right-of-way with potential to affect rail operations and comply with the SCRRA Safety Rules while on railroad property.
5.4 The CITY shall ensure that its contractor(s) coordinate and comply with Roadway Worker in Charge ("RWIC") directions at all times, standing down and securing any equipment as directed while a train passes by.
CPUC No. 101 OR-193.20-A
DOT No. 026780C
55842 00001\43106980.1
Pa ge 18 Construction and Maintenaince Agreement
Crown Valley Parkway Overpass-North Side Widening
SCRRA File No S0000376
SCRRA Project No. TBD
5.5 SCRRA representatives may make inspections and conduct tests to judge the effectiveness of the safety training, and compliance with SCRRA requirements, in accordance with SCRRA's Efficiency Testing Program, in compliance with 49 CFR 214 - Railroad Workplace Safety Regulations and SCRRA Third Party Work Rules. The employee(s), consultant(s), and contractor(s) shall cooperate with SCRRA, Federal, and State representatives at all times. Disregard for, or failure to comply with, the requirements of 49 CFR 214 - Railroad Workplace Safety regulations, or SCRRA third-party safety requirements, may result in the removal of an offending individual(s) from the railroad Right-of-Way. Egregious or repeated disregard for any safety rule or requirement may result in the termination of the Right-of-Entry Agreement.
5.6 CITY shall notify SCRRA's Railroad Protective Services Contractor a minimum of three (3) weeks in advance of the daily flagging requirements for each week. Each Roadway Worker in Charge (RWIC) shift shall consist of 8 hours of support with a period of up to one hour at either end of the shift solely for the purpose of establishing or taking down protection as required. RWIC support shall be required at all times for any work within the railroad right-of-way or with the potential to foul the railroad. The CITY shall reimburse SCRRA directly for all Railroad Protection costs.
5.7 SCRRA is not a member of Underground Service Alert (DIGALERT). Before excavating, the Applicant must determine whether any underground pipelines, electric wires, or cables, including signal and fiber optic cable systems, are present and located within the Project work area by formally requesting SCRRA cable marking services, at CITY's sole cost and expense, a minimum of 15 days prior to proposed work, through SCRRA's designated email address:
rig [email protected]
CPUC No. 101 OR-193.20-A
DOT No. 026780C
55842 0000 I \43106980.1
P age 19 Construction and Maintenaince Agreement
Crown Valley Parkway Overpass-North Side Widening
SCRRA File No S0000376
SCRRA Project No. TBD
To ensure cables and conduits have been marked, no work may proceed until a SCRRA cable marking reference number has been provided. The contractor shall pot-hole to confirm location, alignment, and depth of all services within the footprint of any proposed excavations and protect services in place, for SCRRA approval and acceptance prior to commencing any excavation. CITY shall employ a full-time Resident Engineer/Project Manager (RE/PM) to monitor the work site during periods of construction activity in, over or adjacent to the Railroad right of way that has the potential to foul the tracks. The RE/PM shall have experience and expertise within the scope and discipline of the PROJECT, on active Commuter or Class I Heavy passenger or freight Railroads construction projects. The RE/PM must be an engineer licensed in the State of California and must have the authority to provide direction to the contractor(s) employed by CITY, and to commit CITY within a reasonable scope of authority. In the event of absence of the RE/PM, CITY shall appoint a Designated Representative of equal skill and expertise to act on its behalf and subject to approval by SCRRA.
5.8 It is expected that the RE/PM will:
a. Coordinate with SCRRA Staff and SCRRA Project Manager. b. Ensure PRIME CONTRACTOR's compliance with SCRRA Safety Rules.
c. Support SCRRA Project Manager in ensuring appropriate permits and Site-Specific Work Plans are in place and approved before advancing construction.
d. Stop any work whenever necessary to protect Life, Safety and SCRRA property.
e. Be familiar with SCRRA Engineering Standards and Specifications. f. Reject materials and workmanship that do not conform to SCRRA Engineering Standards and Specifications.
CPUC No. 101 OR-193.20-A
DOT No. 026780C
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g. Direct unacceptable work to be removed and replaced with acceptable work.
h. Communicate and coordinate with the PRIME CONTRACTOR and RWIC or flagging manager for scheduling flagging protection and Form B protection.
i. Have a basic understanding of SCRRA Operations. This includes Absolute Work Windows, Form B, Track & Time, and potential impact from the construction to the train operations.
j. Communicate and coordinate with the PRIME CONTRACTOR and SCRRA Project Manager for arranging Work Windows affecting railroad operational service.
k. Ensure all work shall be performed per SCRRA On-Track Safety Manual, GCOR, Cal OSHA, and all other guidelines that may apply to the tasks being performed. lnspector(s) shall document and notify the PRIME CONTRACTOR and SCRRA of non-compliant work.
I. Monitor, inspect and verify compliance with contract plans, specifications, and special provisions on all aspects of structural construction of the PROJECT, such as bridges, foundations, walls, falsework, shoring, pre-stressed concrete, and drainage STRUCTURE s.
5.9 CITY shall, unless otherwise specified as SCRRA's responsibility, be responsible for all coordination, permits, licenses and agreements required by Utility Companies, Third Parties and Statutory Authorities for the construction, testing and integration into operational service of the PROJECT.
5.10 CITY shall coordinate with SCRRA for any Public Relations support services that may be required from SCRRA for public notification. The CITY shall be responsible for all SCRRA costs for such support.
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5.11 CITY, its officers, employees' agents, assigns, contractors and vendors, shall not interfere with the operation of Metrolink commuter train service.
5.12 CITY shall incorporate all requirements of this AGREEMENT, in so far as they pertain to construction, planning, coordination and safety of operations on or about the railroad right of way, and including the construction contract with the CITY's PRIME CONTRACTOR. The CITY shall further require that each of its Contractors comply with all requirements of this AGREEMENT that pertain to construction, planning, coordination, and safety of operations on or about the railroad right of way.
5.13 All work within the railroad right-of-way will require railroad protective services, unless specified otherwise by SCRRA. See Article 8.5 for Authorized Railroad Work Windows pertaining t~ this PROJECT. All Railroad Work Windows are to be coordinated through SCRRA's PM for the PROJECT. Any request for an Exclusive Work Window, where operational service is suspended, must be formally made to SCRRA in writing a minimum of seventy-five (75) days prior to the start of the Window. CITY shall incorporate the specified Authorized Railroad Work Windows into the construction contract with the CITY's PRIME CONTRACTOR for the PROJECT.
ARTICLE 6 - WORK AND ESTIMATE BY CITY
6.1 The work to be performed by the CITY is described in Exhibit B-1 and Exhibit D-1 - CITY Scope of Work and Estimate, (hereinafter referred to as ("CITY WORK") in the amount ofEight Hundred Seven Thousand, Five Hundred Thiry Eight Dollars and Zero Cents ($807,538.00). CITY shall make any and all arrangements for the installation or relocation of wire lines, pipe lines, advertizing signs and other facilities owned by private persons, companies, corporations, political subdivisions or public utilities other than SCRRA, which may be necessary for the construction of the PROJECT. The CITY shall be responsible for any and CPUC No. IOI OR-193.20-A
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all costs associated with these installations, relocations or takings, at no cost to SCRRA.
6.3 The CITY shall be responsible for the removal and remediation of any and all contaminated or hazardous material encountered within the limits of the PROJECT, within the limits of the CROSSING AREA, and within each respective right of way in accordance with applicable law or regulation.
6.4 At the completion of construction, the CITY, and its consultants, at its sole cost and expense shall review, verify, and prepare as-built drawings for provision to SCRRA.
ARTICLE 7- WORK AND ESTIMATE BY SCRRA
7.1 The railroad work to be performed by SCRRA (hereinafter "RAILROAD WORK"), at the CITY's sole cost and expense, is described in Exhibit B-1 and Exhibit D-2 - RAILROAD WORK, dated April 3, 2025. SCRRA's estimated cost for the RAILROAD WORK associated with the PROJECT is One Million, Five Hundred Thirty Nine Thousand, Eight Hundred Eighty Five Dollars and Zero Cents, ($1,539,885.00) . All work performed by SCRRA on the PROJECT will be at the sole cost and expense of the CITY, including any overage beyond the estimated cost for the RAILROAD WORK.
7.2 Completion of any designs necessary for the RAILROAD WORK portion of the PROJECT, and the acceptance of the estimate in Exhibit D-2, and the deposit of any funds due to SCRRA are conditions precedent to issuing the Notice to Proceed with the RAILROAD WORK.
7.3 Upon execution of the AGREEMENT and receipt from the CITY of a written notice to proceed with the RAILROAD WORK and full funding deposit, SCRRA will place orders for any needed materials or equipment, and issue contracts or task CPUC No. 101 OR-193.20-A
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orders for SCRRA construction support services for the PROJECT, or to facilitate any adjustment of existing SCRRA facilities necessary to permit construction of the PROJECT. Orders for materials, new contracts for construction, or task orders under existing contracts, will be issued in accordance with SCRRA procurement policies and the laws and regulations governing public agency contracts applicable to SCRRA.
7.4 SCRRA shall provide a Project Manager to support the PROJECT, attend progress meetings and review work plans and schedules in connection with SCRRA operations. The Project Manager shall provide an overview of construction progress when requested, ensure railroad operational safety and compliance with SCRRA standards and procedures, support inspections and final walk-throughs and act as liaison between the PARTIES and the contractors in connection with the PROJECT. SCRRA's Project Manager shall respond to RFls, work plans and schedules within twenty (20) working days of receipt.
7.5 Where numerous documents are submitted simultaneously for review, SCRRA may request additional time beyond twenty (20) working days to respond, and the CITY shall specify an order of priority upon submittal. "The CITY shall review all documentation for accuracy and completeness prior to submittal to SCRRA for review.
7.6 SCRRA shall provide a Construction Inspector to support the PROJECT, observe construction activities in, over and adjacent to SCRRA right of way for compliance with approved Site Specific Work Plans ("SSWP"), attend construction meetings, and observe construction activities for railroad operational safety and compliance with SCRRA standards and procedures.
7.6 At the end of any work window where construction has impacted, altered, or improved existing SCRRA railroad infrastructure or systems, SCRRA shall provide the support of its track, signal and communication maintenance contractor for final inspection and acceptance into operational service of the infrastructure and CPUC No. 101 OR-193.20-A
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systems affected by the construction. Any defects or unacceptable conditions preventing operational service shall be immediately addressed by the contractor responsible for the construction implementation.
7.7 SCRRA shall design and relocate at the CITY's sole cost and expense any and all SCRRA facilities, (i.e., SCRRA's signal bridge structure underground, communication and fiber optic system) which are in conflict with new construction.
ARTICLE 8 - CONSTRUCTION BY CITY
8.1 CITY shall furnish, or cause to be furnished, all labor, materials, tools, equipment, and superintendence for the performance of the CITY WORK for which CITY is responsible. (i.e., all work contemplated by this AGREEMENT that is not
RAILROAD WORK)
8.2 CITY shall supervise and inspect the operations of the PRIME CONTRACTOR and other CITY Contractors to assure compliance with the plans and specifications approved by SCRRA, the terms of this AGREEMENT, and all safety requirements of SCRRA. If SCRRA reasonably determines that CITY personnel are not providing proper supervision and inspection at any time during construction of the PROJECT, or that activities of CITY personnel are impacting SCRRA or freight railroad operations, SCRRA has the right to stop construction within, above or adjacent to the railroad right-of-way. Construction of the PROJECT, within, above or adjacent to the SCRRA Operating Right of Way will not proceed until the CITY corrects the objectionable condition or activity to the reasonable satisfaction of SCRRA. If SCRRA believes that the condition or activity is not being corrected in an expeditious manner,
SCRRA will immediately notify the CITY, and the CITY agrees to institute immediate, appropriate corrective action. Should the CITY not address the situation expeditiously to the satisfaction of SCRRA, SCRRA shall, at the CITY's sole cost and expense, address the situation with SCRRA's own forces.
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8.3 CITY shall incorporate the requirements of Exhibits A, E-1, and E-2 into its agreement with the PRIME CONTRACTOR and any additional contract, each related to construction of the PROJECT. CITY shall ensure that its Contractors conform with the requirements described in Exhibits A, E-1, and E-2, in order to avoid delay or damage to SCRRA operations, right-of-way, property, or other facilities, or the operations, property or facilities of others occupying or using SCRRA Operating Right of Way. All work done by the CITY, PRIME CONTRACTOR or other Contractor(s), on the Right of Way of SCRRA, shall be done in a manner satisfactory to SCRRA.
8.4 CITY, its officers, employees' agents, assigns, contractors, and vendors, shall immediately contact SCRRA in the event of any condition which might impact the safe operation of the railroad. The following are SCRRA's emergency numbers:
• Dispatch and Operations Center (888) 446-9715
• Signal Emergencies and Crossing Problems (888) 446-9721
8.5 SCRRA and the CITY have established mutually agreeable work windows for the PROJECT as set forth herein. To facilitate scheduling for the PROJECT, the CITY shall require its Contractor or Contractors to give SCRRA's Project Manager ninety (90) working days advance notice of the proposed time and date for any Exclusive Track Window, and forty five (45) working days advance notice of any Limited Track Window to which SCRRA has agreed. The Contractor's operations are subordinate to the operation of trains on the SCRRA right-of way, whether passenger or freight. All work upon the SCRRA right-of-way shall be done at such times and in such a manner as not to interfere with or endanger SCRRA Operations. SCRRA will strive to cooperate with the Contractor such that the work may be handled and performed in an efficient manner, however, the CITY and it's Contractor(s) will have no claim with SCRRA whatsoever for any type of damages or for extra or additional compensation in the event its work is delayed by rail CPUC No. 101 OR-193.20-A
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operations. Should, due to safety concerns, train operations, service obligations or other reasons provided in this Agreement, it become impracticable to provide the work window on the dates established, SCRRA will provide the work window at the next reasonable available opportunity. SCRRA shall not be responsible for any additional costs and expenses resulting from a change in work windows.
Work Windows are described in Exhibit E-1 - Form 37, Rules, and Requirements for Construction on SCRRA Right of Way, Article 4.3:
a. SCRRA will not be granting "Exclusive Track Windows" in which no train movements will operate on any track within the window limits solely for the construction of this PROJECT. .
b. Exclusive Track Windows may become available for use by this PROJECT if they are to be required in conjunction with other SCRRA proposed activities on the Orange Subdivision during the PROJECT timeframe. SCRRA will notify the CITY in writing when dates for any such windows are established. SCRRA shall only agree to the use of the Exclusive Track Window by the CITY's Contractor upon provision in advance, and SCRRA approval, of Contractor's Work Plans, Hour by Hour schedule, and a Contact List for all Contractor's supervisory staff throughout the entire period of the Track Window. Exclusive Track Windows are subject to change or cancellation at any time by SCRRA.
c. Limited Track Windows will be available subject to forty five (45) days advance notice, for locations and time periods to be agreed with SCRRA Operations.
1. Track Window - Form B, may be available on one or both tracks weekdays between 0700 hours and 1600 hours.
2. Track Window - Form B, may be available on one or both tracks weekends between Friday 2100 hours and Monday 0300 hours.
3. Track Window - Track and Time, may be intermittently available nightly, Monday through Thursday between 2100 hours and 0300 hours.
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4. Track Window - Track and Time, may be intermittently available nightly, Friday from 2100 hours through Monday 0300 hours.
8.6 Current daily traffic volumes that apply to this PROJECT will be:
Type of Train
Metro link
Freight
Amtrak
Total Trains
Number of Trains Timetable Speed
34 4-6
22 62
90 MPH
55 MPH
90MPH
The table of trains shown above represents the expected number of scheduled trains on a normal day through the PROJECT area and is subject to change. On certain days, the number of scheduled trains may vary, particularly on weekends and holidays. Certain trains may operate ahead of schedule and any of the trains may operate behind schedule, depending on operating conditions on a given day.
Passenger and freight train schedules are re-issued as necessary through the year, and such re-scheduling is to be expected during the duration of the project.
The most current timetable of scheduled Metrolink and Amtrak trains may be found at https://metrolinktrains.com/
8. 7 CITY shall bear an equal share of the cost for bus bridges and other service costs associated with any Exclusive Work Windows established for multiple projects, within which PROJECT construction is performed.
8.8 CITY shall ensure that throughout the period of any open or shored excavations being in place within the railroad zone of influence, any directional drilling or jack and bore installations beneath the tracks within the zone of influence, or any drilling or pile driving adjacent to the tracks, its Contractor CPUC No. 101 OR-193.20-A
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monitors adjacent railroad track elevations throughout construction, to ensure that no settlement of the track occurs. The CITY shall immediately notify the SCRRA Dispatch and Operations Center on (888) 446-9715 or (909) 596-3584, and SCRRA PM should any settlement occur. All excavations, shoring and monitoring shall comply with the requirements of SCRRA Design Criteria Manual Chapter 15.
The CITY shall additionally ensure that it's Contractor furnishes a performance bond when any excavation, shoring and support of excavation, or boring and jacking of pipe and casing may affect the stability of the railroad facility or track(s), or settlement of the soil around a pipe, as per the requirements of Form 37, Section
8.9. All performance bonds shall be sent for the attention of:
Andy Althorp
Assistant Director of Construction
2558 Supply Street Building A, Pomona, California 91767 Email: [email protected]
Phone: (213) 494-8080
8.10 CITY shall ensure that its contractor fully protects the track and associated infrastructure from any potential concrete or slurry spillage, from piling risings or other excavation risings, that contractor activities do not generate excessive dust, and that any work above the railroad is fully protected to ensure that there is no potential for materials or equipment to fall onto the right-of-way beneath. The CITY shall ensure that its contractor does not store materials or equipment upon the right of-way which could foul the track, and that before any material/equipment is stored upon the right-of-way, SCRRA's written agreement is first secured, with a clear access path for maintenance or emergency vehicles constantly available.
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8.11 CITY shall advise the SCRRA Assistant Director of Construction in writing of the proposed completion date of the PROJECT sixty (60) days in advance of such completion date, to allow for a meeting and punch list walkthrough a minimum of forty five (45) days prior to completion to be undertaken between CITY, Contractor and SCRRA to inspect and record any outstanding work items, deficiencies or corrections required. At completion and prior to SCRRA acceptance of the PROJECT into operational service, a furtherwalkthrough will be arranged between all said parties to ensure all outstanding punch list items, defects, omissions, site clean-up and removal of materials/equipment with the potential to affect Railroad operations have been addressed to SCRRA's satisfaction . CITY shall then formally record to the SCRRA Assistant Director of Construction, in writing, the completion of the PROJECT, within thirty (30) days of completion date.
8.12 CITY shall require its Contractor to have on site before the work shift starts a copy of the SCRRA approved Site Specific Work Plan (SSWP) of the required Contractor-furnished submittals listed in SCRRA Form 37, Rules and Requirements for Construction on the SCRRA Right of Way, Exhibit E-1, to SCRRA for review prior to proceeding with the work covered by the submittal. Upon approval of CITY, the Contractor(s) may make the submittals directly to SCRRA at the address provided in , this AGREEMENT. SCRRA shall be allowed twenty (20) working days to complete its review of any submittals.
8.13 CITY will provide to SCRRA within sixty (60) days of final completion, copies of all as-constructed documentation and records pertaining to the PROJECT is so far as they relate to the railroad systems and Infrastructure, to include, but not necessarily limited to.
• Bridge and Structure inspection record
ARTICLE 9 - MAINTENANCE
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9.1 Upon completion of the PROJECT and acceptance by SCRRA, SCRRA will own, operate, and maintain, at its sole cost and expense, the following portions of the PROJECT:
• The railroad roadbed, ballast, track, and appurtenances. • The railroad signal and communication facilities and appurtenances. • The railroad maintenance roads located on the railroad right-of-way and on the railroad side of access gates.
• The railroad drainage structures.
• Other facilities which SCRRA shall operate and/or maintain, whether constructed by the CITY or SCRRA.
9.2 Upon completion of the PROJECT and acceptance by the CITY, the CITY will accept, operate, and maintain, at its sole cost and expense, the following portions of the PROJECT:
• The bridge superstructure, bridge lighting, bridge seats, bearings, and bearing areas.
• The railings and appurtenances of roadway and bridge crossing for protection or benefit of vehicles and pedestrians.
• The roadway including the roadway approaches and curbs, gutters, sidewalks, and appurtenances thereto.
• The overpass and roadway approach lighting.
• The roadway drainage structures, storm drain laterals, and collecting storm drains.
• The roadway signage and striping.
• All other work constructed by the PROJECT as it specifically relates to vehicular and pedestrian use of the roadway and bridge crossing. • The bridge abutments, piers, backwalls, wingwalls, and connecting retaining walls.
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9.3 At the CITY's sole cost and expense, the CITY shall keep the STRUCTURE maintained and clean, and shall promptly remove any graffiti. Subject to the provisions in this AGREEMENT, the CITY shall notify SCRRA and obtain its approval before performing i) inspection that requires access to the STRUCTURE, ii) alterations or modifications to the STRUCTURE, or iii) any maintenance or graffiti removal where there is a requirement for the maintenance contractor to access the railroad right of way, or a potential to foul the railroad through use of equipment or materials.
9.4 CITY shall incorporate the requirements of Exhibit E-1 and Exhibit E-2 into each prime contract for maintenance. CITY shall exercise its authority as a party to any contract for maintenance into which it enters to ensure its contractor(s) conforms with the requirements listed in Exhibit E-1 and Exhibit E-2, and to ensure that operations, right-of-way, property, or other facilities of SCRRA or the operations, property or facilities of others occupying or using CITY's right-of-way, are protected at all times. All work done by CITY, or its contractor(s), on the railroad right-of-way shall be done in a manner satisfactory to SCRRA.
ARTICLE 10 - SHOOFLY CONSTRUCTION (NOT USED)
ARTICLE 11 - TRACK STABILIZATION PERIOD (NOT USED)
ARTICLE 12 - FUTURE QUIET ZONE (NOT USED)
ARTICLE 13 - DISTRIBUTION OF COSTS
13.1 The source of funding for the PROJECT may include federal, state, and local funds. All contracts, expenses and invoicing for this PROJECT shall meet the requirements of the funding sources and agreements attached to this AGREEMENT as Exhibit F.
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13.2 If the CITY will be receiving any federal funding for the PROJECT, the current rules, regulations and provisions of the Federal Aid Policy Guide as contained in 23 CFR 140, Subpart I and 23 CFR 646, Subparts A and Bare incorporated into this AGREEMENT by reference, and construction work by the CITY and Contractor(s) shall be performed, and any reimbursement to SCRRA for work it performs, shall be made in accordance with the Federal Aid Policy Guide.
13.3 Notwithstanding any provision of 23 CFR 210, the CITY agrees to assume, in accordance with 23 CFR 210 (d), all responsibility for any and all shares of the cost for which SCRRA might otherwise be responsible. SCRRA shall not, in any event, be required to commit its own funds or that of its member agencies to the PROJECT.
ARTICLE 14 - PAYMENT FOR SCRRA WORK
14.1 SCRRA shall invoice the CITY (90) ninety calendar days in advance of the CITY's intention to award a construction contract for the construction of the Crown Valley Parkway Overpass, North Side Widening CITY shall notice SCRRA by first class mail, postage paid, to the address and addressee designated in Article 19.14 of their intention to award a construction contract at least (90) ninety calendar days in advance of awarding a construction contract. CITY shall pay to SCRRA within thirty (30) calendar days of date of invoice, and prior to any PROJECT work commencing, a deposit of One Hundred Eighty Five Thousand, Three Hundred Sixty Six Dollars, and Sixty Seven Cents, ($185,366.67) representing one third (1/3) of estimated SCRRA PROJECT City costs contained in Exhibit D-2 - SCRRA Scope of Work and Estimate. When the actual cost and expenses incurred, including the estimated Railroad Flagging and Safety Training, reach fifty percent (50%) of the first deposit of SCRRA shall invoice the CITY for a second deposit in the amount of One Hundred Eighty Five Thousand, Three Hundred Sixty Six Dollars, and Sixty Seven Cents, ($185,366.67) representing 1/3 of estimated SCRRA PROJECT
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City costs contained in Exhibit D-2 - SCRRA Scope of Work and Estimate When the actual cost and expenses incurred, including the estimated Railroad Flagging and Safety Training, reach fifty percent (50%) of the second deposit SCRRA shall notify the CITY in writing and shall provide back-up for expenses to-date against the deposit. The CITY and SCRRA will then analyze costs to date and projected costs to complete the PROJECT to confirm the appropriate amount of the remaining deposit, and an amendment to this AGREEMENT shall be executed to fund any additional estimated cost. The CITY shall then deposit the remaining balance of the estimated amount contained in Exhibit D-2, being One Hundred Eighty Five Thousand, Three Hundred Sixty Six Dollars, and Sixty Six Cents, ($185,366.66) or other mutually agreeable amount as calculated to complete the PROJECT. During the construction of the PROJECT, SCRRA will send the CITY quarterly progress statements detailing the scope and costs of the RAILROAD WORK performed by SCRRA under this AGREEMENT.
14.2 Once the actual cost, including the estimated allocated overhead, exceeds eighty percent (80%) of the amount estimated in Exhibit D-2 or the total deposited to date, whichever is the lesser, and SCRRA determines that additional funds will be needed to complete the PROJECT, SCRRA shall notify the CITY and provide an updated estimate for approval. Once approved by the CITY, an amendment to this AGREEMENT shall be executed to fund the additional estimated cost.
Progress statements shall be sent to:
To CITY
Jacki Scott; P.E.
Public Works Director and City Engineer
City of Laguna Niguel
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Laguna Niguel, CA 92677
Email: [email protected] rg
SCRRA File No S0000376
SCRRA Project No. TBD
14.4 SCRRA will submit quarterly statements of costs incurred by SCRRA for review by the CITY. The CITY shall review the statement for conformance with the applicable provisions of 48 CFR 31 or the requirements of the funding agreements contained in Exhibit F - Funding Schedule within Twenty (20) business days and provide SCRRA with written approval, comments and/or objections in writing.
14.5 Until SCRRA receives formal approval of its final overhead rates, the Federal Transit Administration provisional overhead rate will be provided for cost estimation and budgeting purposes. SCRRA will invoice utilizing the Federal Transit Administration provisional overhead rate until the Federal Transit Administration, SCRRA's cognizant audit Agency, has approved the final rate at the completion of its audit, at which time SCRRA will reconcile all previous invoices and make adjustments where appropriate. Upon completion of the PROJECT, and after the SCRRA overhead rate for each period covering the construction of the PROJECT is approved by the cognizant audit Agency, SCRRA will send the CITY a detailed statement of final costs, segregated as to labor and materials for each item in the recapitulation shown in Exhibit D-2.
14.6 SCRRA, if it so elects, may recalculate and update the RAILROAD WORK Estimate submitted to the CITY in the event the CITY does not commence construction on the portion of the PROJECT located on the Railroad Right-of-Way within six (6) months from the commencement date of the RAILROAD WORK, as mutually agreed.
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14.7 Notwithstanding the amount of the RAILROAD WORK provided by SCRRA, the CITY agrees to reimburse SCRRA for one hundred percent (100%) of all actual costs incurred by SCRRA in connection with the PROJECT, including, but not limited to, actual costs of engineering review, coordination, construction inspection, flagging or other protective service, procurement of materials, equipment rental, manpower and deliveries to the job site and all of the normal and customary additives applicable to SCRRA (which shall include direct and indirect overhead costs) associated therewith.
ARTICLE 15 - CONTRACTOR'S RIGHT OF ENTRY PERMIT AND LNSURANCE
15.1 Entry onto the SCRRA Operated Right of Way by the CITY or its Contractor(s) shall at all times be subject to the then-current requirements for entering the SCRRA Operated Right of Way and the SCRRA procedures and requirements for securing railway flagging or other protective services - see Article 5 - SCRRA REQUIREMENTS.
15.2 CITY may not self-insure any portion of the insurance coverage for work performed by the employees of the CITY without the prior approval of SCRRA.
15.3 Under no circumstances will personnel, equipment, or material of a contractor(s) or CITY be allowed on the railroad right-of-way without first providing proof of the required insurance, and arranging for flagging or other protective services, as required by this Article.
ARTICLE 16 - EFFECTIVE DATE: TERM AND TERMINATION
16.1 This AGREEMENT shall become effective as of the date signed by both PARTIES and shall continue in full force and effect for as long as the STRUCTURE/CROSSING AREA exists.
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16.2 In the event the CITY does not commence construction on the portion of the PROJECT located within the Railroad Right-of-Way within twelve (12) months of the EFFECTIVE DATE of the AGREEMENT, SCRRA may, if it so elects, terminate this AGREEMENT effective thirty (30) days after delivery of written notice to the CITY.
16.3 SCRRA may suspend its performance under this AGREEMENT if it becomes impracticable to proceed because of a lack of PROJECT funding or restrictions on the distribution of funds.
16.4 If the AGREEMENT is terminated or suspended for any reason, the CITY shall pay to SCRRA all actual costs incurred by SCRRA or its Contractor(s) in connection with the PROJECT up to the date of termination or suspension, including, without limitation, all actual costs incurred by SCRRA, including allocated overhead in connection with RAILROAD WORK.
ARTICLE 17 - CONDITIONS PRECEDENT TO START OF WORK:
17.1 Neither the CITY nor any Contractor(s) retained by the CITY may commence any work within, or with the potential to foul, the Railroad Right-of-Way until:
a) SCRRA and the CITY have executed this AGREEMENT.
b) The CITY has deposited the required advance funds with SCRRA as provided for in Article 14
c) SCRRA has provided written approval of the Plans and Related Documents to the CITY.
d) Each Contractor has executed SCRRA "Form No. 6 -Temporary Right-of-Entry Agreement" and has obtained and provided to SCRRA the insurance policies, certificates, binders, endorsements, or a combination thereof set forth in the "Form 6 -Temporary Right-of-Entry Agreement and this AGREEMENT. Should the CITY's PRIME CONTRACTOR elect to provide insurance and indemnification for all of its subcontractors then only the PRIME CONTRACTOR shall obtain Form No. 6 CPUC No. 101 OR-193.20-A
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Temporary Right-of-Entry Agreement. Application for Temporary Right-of-Entry Agreement shall include the Contractors Access Control Management Plan, Exhibit E-2.
e) All insurance correspondence, binders, policies, certificates and/or endorsements shall be sent to:
SCRRA
Eric Reese, Coordinator, Right-of-Way
2700 Melbourne Avenue, Pomona, California 91767
Email: ReeseE@scrra .net
Phone: (909) 667-8108
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f) All CITY and its Contractor(s) personnel working on or adjacent to the railroad right-of-way have attended and passed the SCRRA Safety Training for Roadway Worker Protection as specified in Article 5
ARTICLE 18- INDEMNIFICATION
18.1 Neither SCRRA, nor the Operating Railroads, nor any of SCRRA's board members, member agencies, officers, agents, volunteers, contractor(s), or employees shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of the CITY under or in connection with any aspect of the CITY WORK and authority or obligation agreed to by the CITY under this AGREEMENT.
The CITY shall indemnify, defend and hold harmless SCRRA, any Operating Railroads, as identified by SCRRA, as well as their respective board members, CPUC No. 101 OR-193 .20-A
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member agencies, officers, agents, volunteers, contractor(s,) and employees ("SCRRA lndemnitees") 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 lndemnitees arising out of or connected with any negligent acts or omissions on the part of the CITY, its council, officers, agents, contractor(s), or employees under or in connection with any aspect of the PROJECT, the CITY WORK, authority or obligation agreed to by the CITY under this AGREEMENT. This indemnity shall survive completion of the PROJECT, the CITY WORK, and RAILROAD WORK and termination of this AGREEMENT.
18.2 Neither the CITY, nor its council, officers, agents, contractor(s), or employees shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of SCRRA under or in connection with any RAILROAD WORK and authority or obligation agreed to by SCRRA under this AGREEMENT.
SCRRA shall indemnify, defend and hold harmless the CITY, as well as their respective council, officers, agents, contractor(s), and employees (CITY lndemnitees") 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 lndemnitees arising out of or connected with any negligent acts or omissions on the part of SCRRA, its board members, officers, agents, volunteers, contractor(s) or employees under or in connection with any aspect of the RAILROAD WORK, authority or obligation agreed to by SCRRA under this AGREEMENT. This indemnity shall survive completion of the PROJECT, the CITY WORK and RAILROAD WORK and termination of this AGREEMENT.
CPUCNo . 101 OR-193.20-A
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18.3 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 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 other agrees to indemnify and hold harmless each other for any cost or expense that may be imposed upon each other solely by virtue of said §895.2. The provisions of Civil Code §2778 are made a part hereof as if incorporated herein.
ARTICLE 19- GENERAL PROVISIONS
19.1 This AGREEMENT shall continue in force and effect unless otherwise provided herein, until mutual termination by the PARTIES or the elimination or removal of the STRUCTURE, whichever occurs first. The covenants and provisions of this AGREEMENT shall be binding upon and inure to the benefit of the successors and assigns of the CITY and SCRRA.
19.2 This AGREEMENT may be modified or amended only in writing. All modifications, amendments, changes, and revisions of this AGREEMENT, in whole or part and from time to time, shall be binding upon the PARTIES, so long as the same shall be in writing and executed by the CITY and SCRRA.
19.3 This AGREEMENT and the exhibits attached hereto contain the entire understanding between the PARTIES and supersede any prior written or oral understanding and agreement between them regarding the subject matter of this AGREEMENT. There are no representations, agreements, arrangements, or understandings, oral or written, between the PARTIES relating to the subject CPUC No. 101 OR-193.20-A
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matter of this AGREEMENT, which are not fully expressed herein.
19.4 The PARTIES to this AGREEMENT shall maintain all records associated with the PROJECT for the period of three (3) years from the date of the final invoice in accordance with 23 CFR 645. If funding is provided by State and Federal Highway Administration ("FHWA"), under Section 130, the books pertaining to the work shall be open to inspection and audit by representatives of the State and FHWA for three (3) years after FHWA payment of final invoice. Furthermore, each PARTY shall make all records available for audit by SCRRA, or the CITY, or Federal auditors, or all or any combination. All audits are to be performed in accordance with audit principles and standards as set forth in 48 CFR, Chapter 1, Part 31.
19.5 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. If, however, notice by the PARTY claiming such extension is sent to the other PARTY more than thirty (30) calendar days after the commencement of the cause, the period shall commence to run only thirty (30) calendar days prior to the giving of such notice.
19.6 CITY and SCRRA shall comply with all applicable federal, state, and local laws, statutes, ordinances, and regulations of any governmental authority having jurisdiction over the PROJECT.
19.7 Neither this AGREEMENT, nor any of the PARTIES' rights, obligations, CPUCNo. 101 OR-193.20-A
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duties, nor authority hereunder may be assigned in whole or in part by either PARTY without the prior written consent of the other PARTY. 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.
19.8 The execution and delivery of this AGREEMENT by each PARTY and the consummation of the transactions contemplated hereby are within the power of each PARTY and have been duly authorized by all necessary actions of each respective PARTY.
19.9 In the event any part of this AGREEMENT is declared by a court of competent jurisdiction to be invalid, void or unenforceable, such part shall be deemed severed from the remainder of this AGREEMENT and the balance of this AGREEMENT shall remain in effect.
19.10 This AGREEMENT shall be construed and interpreted under the laws of the State of California.
19.11 The article and section headings in this AGREEMENT are for convenience only and shall not be used in its interpretation or considered part of this AGREEMENT.
19.12 The Recitals set forth above are incorporated into this AGREEMENT.
19.13 This AGREEMENT may be executed in counterparts and by the PARTIES hereto is separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same AGREEMENT.
19.14 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 CPUC No. 101 OR-193.20-A
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communications shall be given, are as follows:
To CITY
Jacki Scott; P.E.
Public Works Director and City
Engineer
City of Laguna Niguel
30111 Crown Valley Parkway
Luguna Niguel, CA 92677
Email:
jscott@cityoflagunaniguel .org
Phone: (949) 362-4337
Pa ge j33
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ToSCRRA
Andy Althorp,
Assistant Director
Construction
SCRRA/Metrolink
2558 Supply Street
Pomona CA 91767
Email: [email protected]
Phone(909)593-6973
Construction and Maintenaince Agreement CPUC No. 101 OR-193.20-A DOT No. 026780C Crown Valley Parkway Overpass-North Side Widening 55842 .0000 I \43106980 .1
SOUTHERN CALIFORNIA
REGIONAL RAIL AUTHORITY - SCRRA
By: ___ _ ____ ____ _ _
Darren M. Kettle
Chief Executive Officer
SCRRA File No S0000376
SCRRA Project No. TBD
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APPROVED AS TO FORM:
SCRRA File No S0000376
SCRRA Project No. TBD
By: _ ___ ___ ______ _
Don 0. Del Rio
General Counsel
CPUC No. 101 OR-193.20-A
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CITY OF LAGUNA NIGUEL
By: ------- -------
Tamara E. Letourneau, City Manager
Date:
ATTEST:
By: ____ ____ ____ _ _
Marissa J. Asistin Clerk (SEAL)
APPROVED AS TO FORM BY THE CITY
ATTORNEY FOR THE CITY OF LAGUNA
NIGUEL, CALIFORNIA
By: ____ ________ _ _
Scott C. Smith, City Attorney
Date:
Pa g e I 36
SCRRA File No S0000376
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Construction and Maintenaince Agreement CPUC No. 101 OR-193.20-A DOT No. 026780C Crown Valley Parkway Overpass-North Side Widening 55842.00001\43106980 .1
Exhibit A
SCRRA File No S0000376
SCRRA Project No. TBD
CONSTRUCTION AND MAINTENANCE OF THE
CROWN VALLEY PARKWAY OVERPASS
NORTH SIDE WIDENING
SCRRA Standard Terms and Conditions
CPUC No. 101 OR-193.20-A
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EXHIBIT A
To Construction Agreement
STANDARD TERMS AND CONDITIONS
SECTION 1 - CONDITIONS AND COVENANTS
a) SCRRA makes no covenant or warranty of title for quiet possession or against encumbrances. Any lines constructed on the railroad right-of-way by or under authority of CITY for the purpose of conveying electric power or communications incidental to CITY's use of the right-of-way for highway purposes shall be constructed in accordance with specifications and requirements of SCRRA, and in such manner as not adversely to affect communication or signal lines of SCRRA or its licensees now or hereafter located upon said right-of-way . No non-party shall be admitted by CITY to use or occupy any part of the railroad right-of-way without SCRRA's written consent. Nothing herein shall obligate SCRRA to give such consent.
b) The right hereby granted is subject·to any existing encumbrances and rights (whether public or private), recorded or not, and also to any renewals thereof. CITY shall not damage, destroy or interfere with the right-of-way or rights of nonparties in, upon or relating to the railroad right-of-way, unless CITY at its own expense settles with and obtains releases from such nonparties. c) SCRRA and its member agencies reserve the right to use and to grant to others the right to use the Crossing for any purpose not inconsistent with the right hereby granted, including, but not by way of limitation, the right to construct, reconstruct, maintain, operate, repair, alter, renew and replace tracks, facilities and appurtenances on the right-of-way; also the right to cross the Crossing with all kinds of equipment. SCRRA further reserves the right to attach signal, communication or power lines to any highway facilities located upon the right-of-way, provided that such attachments shall comply with CITY's specifications and will not interfere with the use of the Crossing. d) So far as it lawfully may do so, CITY will assume, bear, and pay all taxes and assessments of whatsoever nature or kind (whether general, local, or special) levied or assessed upon or against the Crossing, excepting taxes levied upon and against the right-of-way as a component part of SCRRA's operating right-of-way.
CPUC No. 101 OR-193.20-A
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SECTION 2- CONSTRUCTION OF PROJECT
a) All work contemplated in this AGREEMENT must be performed in a good and workmanlike manner and each portion must be promptly commenced by the PARTY obligated by this AGREEMENT to perform the work . All work must be diligently prosecuted to conclusion in its logical order and sequence.
All changes or modifications proposed during construction which affect SCRRA or the interests of SCRRA will be subject to SCRRA's approval prior to the commencement of work on all such changes or modifications.
b) CITY, at its expense, will apply for and obtain all public authority required by law, ordinance , rule, or regulation for the PROJECT, and will furnish SCRRA upon request with satisfactory evidence that such authority has been obtained . CITY shall act as the lead agency on all planning, zoning, environmental approval and permitting activities required by State or Federal law and shall obtain and pay for all other permits and licenses required by law or regulation for the PROJECT. c) All construction work of CITY upon the railroad right-of-way shall be performed and completed in a manner satisfactory to the Director of Engineering and Construction of SCRRA or his authorized representative and in accordance with the Plans, Specifications and Estimates, SCRRA's Minimum Requirements set forth in Exhibit B-5, E-1, E-2, E-3, E-4, and other guidelines or standards furnished by SCRRA.
d) CITY shall require its Contractor(s) to reasonably adhere to the construction schedule adopted for all PROJECT work. Reasonable time must be allowed in the schedule for SCRRA to perform the RAILROAD WORK for which it is responsible. However, regardless of the requirements of the construction schedule, SCRRA reserves the right to reallocate the labor forces assigned to complete the RAILROAD WORK in the event of an emergency to provide for the immediate restoration of railroad operations or to protect persons or property on or near the railroad right-of-way. SCRRA will not be liable for any additional costs or expenses resulting from any such reallocation of its labor forces. The PARTIES mutually agree that any reallocation of labor forces by SCRRA pursuant to this provision and any direct or indirect consequences or costs resulting from any such reallocation will not constitute a breach of this AGREEMENT by SCRRA. e) All construction work performed by or the responsibility of CITY shall be performed diligently and completed within a reasonable time, and in any event within three (3) years from the effective date of this AGREEMENT, or within such further period of time as may be specified in writing by SCRRA's CPUC No. 101 OR-193.20-A
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Director of Engineering and Construction. No part of the PROJECT shall be suspended, discontinued, or unduly delayed without SCRRA's written consent and subject to such reasonable conditions as SCRRA may specify. It is understood that SCRRA's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trains, engines or cars may cause delays in the work of CITY. CITY hereby assumes the risk of any such delays and agrees that no claims for damage on account of any delay shall be made against SCRRA. f) SCRRA will have the right to stop construction work on the PROJECT if any of the following events take place:
i) CITY (or any of its Contractor(s)) performs the PROJECT work in a manner contrary to the plans and specifications approved by SCRRA.
ii) CITY (or any of its Contractor(s), in SCRRA's opinion, prosecutes the PROJECT work in a manner which is hazardous to the railroad right-of-way, facilities or the safe and expeditious movement of railroad traffic.
iii) The insurance required by the AGREEMENT is canceled during the course of the PROJECT or does not meet the minimum requirements specified herein; or iv) CITY fails to pay any non-disputed costs incurred by SCRRA as provided in the AGREEMENT. g) The work stoppage may continue until all necessary actions are taken by CITY or its Contractor(s) to rectify the conditions to the satisfaction of SCRRA's Director of Engineering and Construction or until additional insurance has been delivered to and accepted by SCRRA, or the obligations are brought current.
SECTION 3- INJURY AND DAMAGE TO PROPERTY
If CITY, in the performance of any work contemplated by this AGREEMENT or by the failure to do or perform anything for which CITY is responsible under the provisions of this AGREEMENT, shall injure, damage or destroy any property of the railroad or of any other person lawfully occupying or using the right-of-way of the railroad, such property shall be replaced or repaired by CITY at CITY's own expense, or by SCRRA at the expense of CITY, and to the satisfaction of SCRRA's Director of Engineering and Construction.
CPUC No. 101 OR-193.20-A
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SECTION4- PAYMENT FOR WORK BY SCRRA
Payment for work by SCRRA shall be in accordance with Article 13-Payment for SCRRA Work as set forth in the Construction and Maintenance Agreement, AGREEMENT.
SECTION 5- MAINTENANCE AND REPAIRS {NOT USED)
SECTION 6- SAFETY MEASURES; PROTECTION OF SCRRA OPERATIONS It is understood and recognized that safety and continuity of SCRRA's operations and communications are of the utmost importance; and in order that the same may be adequately safeguarded, protected and assured, and in order that accidents and/or incidents may be prevented and avoided, it is agreed with respect to all of said work of CITY that the work will be performed in a safe manner and in conformity with the following standards:
a) CITY and Contractor. All references in this AGREEMENT shall also include the Contractor(s), its subcontractors of any tier, and their respective officers, agents and employees, and others acting under its or their authority; and all references in this AGREEMENT to work of CITY shall include work both within and outside of the railroad right-of-way.
b) Compliance with Laws. CITY shall comply with all applicable federal, state, and local laws, regulations and enactments affecting the work. CITY shall use only such methods as are consistent with safety, both as concerns CITY, CITY's agents and employees, the officers, agents, employees, and property of SCRRA and the public in general. CITY (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts, labor laws, laws governing trade, travel and use of material, and similar laws or regulations. All Federal Railroad Administration regulations shall be followed when work is performed on the railroad right-of-way. If any failure by CITY to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed, or charged against SCRRA, CITY shall reimburse and indemnify SCRRA for any such fine, penalty, cost, or charge, including without limitation attorney's fees, court costs and expenses. CITY further agrees in the event of any such action, upon notice thereof being provided by SCRRA, to defend such action free of cost, charge, or expense to SCRRA. c) No Interference or Delays. CITY shall not do, suffer or permit anything which will or may obstruct, endanger, interfere with, hinder or delay maintenance or operation of SCRRA's tracks or facilities, or CPUC No. 101 OR-193.20-A
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any communication or signal lines, PTC system and critical features, installations or any appurtenances thereof, or the operations of others lawfully occupying or using the railroad right-of-way or facilities. d) Supervision. CITY, at its own expense, shall adequately supervise and inspect all work to be performed by CITY's Contractor(s), and shall not inflict injury to persons or damage to property for the safety of whom or of which SCRRA may be responsible, or to property of SCRRA. The responsibility of CITY for safe conduct and adequate policing and supervision of the PROJECT shall not be lessened or otherwise affected by SCRRA's approval of plans and specifications, or by SCRRA's collaboration in performance of any work, or by the presence at the work site of SCRRA's representatives, or by compliance by CITY with any requests or recommendations made by such representatives. If a representative of SCRRA is assigned to the PROJECT, CITY will give due consideration to suggestions and recommendations made by such representative for the safety and protection of SCRRA's property, right-of-way, and operations.
e) Suspens ion of Work. If at any time CITY Engineer or the Director of Engineering and Construction of SCRRA or their respective representatives shall be of the opinion that any work of CITY is being or is about to be done or prosecuted without due regard and precaution for safety and security, CITY shall immediately suspend the work until suitable, adequate and proper protective measures are adopted and provided.
f) Removal of Debris. CITY shall not cause, suffer, or permit material or debris to be deposited or cast upon, or to slide or fall upon any railroad right-of-way or facilities of SCRRA; and any such material and debris shall be promptly removed from the railroad right-of-way by CITY at CITY's own expense or by SCRRA at the expense of CITY. CITY shall not cause, suffer, or permit any water to be drained or pumped onto the railroad right-of-way during any dewatering from the Crossing without the prior permission of SCRRA Director of Engineering and Construction. g) Explosives. CITY shall not discharge any explosives on or in the vicinity of the railroad right-of way without the prior consent of the SCRRA Director of Engineering and Construction, which will not be given if, in the sole discretion of SCRRA's Director of Engineering and Construction, such discharge would be dangerous or would interfere with the railroad right-of-way, property or facilities. For the purposes hereof, the "vicinity of the railroad right-of-way" shall be deemed to be any place on the railroad right-of-way or in such close proximity to the railroad right-of-way that the discharge of explosives could cause injury to SCRRA's employees or other persons, or cause damage to or CPUC No. 101 OR-193.20-A
DOT No. 026780C
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interference with the facilities or operations on the railroad right-of-way. SCRRA reserves the right to impose such conditions, restrictions or limitations on the transportation, handling, storage, security, and use of explosives as SCRRA, in SCRRA's sole discretion, may deem to be necessary, desirable, or appropriate.
h) Excavation . CITY shall not excavate from existing slopes nor construct new slopes which are excessive and may create hazards of slides or falling rock or impair or endanger the clearance between existing or new slopes and the tracks of SCRRA. CITY shall not do or cause to be done any work which will or may disturb the stability of any area or adversely affect SCRRA's tracks or facilities. CITY, at its own expense, shall install and maintain adequate shoring and cribbing for all excavation and/or trenching performed by CITY in connection with construction, maintenance, or other work. Systems for the support of any excavation must conform to the requirements of SCRRA Excavation Support Guidelines. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by SCRRA's Director of Engineering and Construction to withstand all stresses likely to be encountered, including any stresses resulting from railroad surcharges or vibrations caused by SCRRA's operations in the vicinity.
i) Falsework. No falsework may be erected over the track or on the railroad right-of-way except as approved by SCRRA. All falsework must conform to the requirements of the Caltrans Falsework Manual for traffic openings and any additional provisions provided by SCRRA. j) Fiber Optic Cables. Fiber optic and other cable systems may be buried on the railroad right-of way. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. CITY and its consultants and contractors shall telephone the Underground Service Alert of Southern California toll free at (800) 227-2600 a minimum of two (2) workings days before performing any excavation . k) SCRRA Signal and Communicat ion Facilities. SCRRA is not a member of Underground Service Alert of Southern California. CITY, and its consultants and contractors, shall call SCRRA Signal Department at (909) 592-1346 to request marking of signal and communication cables or conduits or both a minimum of 72-hours prior to performing any excavation on the railroad right-of-way. No work may proceed until CITY has been provided with an SCRRA dig number in addition to that provided by Underground Service Alert. In case of signal emergencies or grade crossing problems, the contractor shall call SCRRA's 24-hour signal emergency number at (888) 446-9721 .
CPUC No. IOI OR-193.20-A
DOT No. 026780C
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SCRRA File No S0000376
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SECTION 7- INTERIM WARNING DEVICES
If at any time it is determined by the CPUC or FRA, by CITY, or by agreement between the PARTIES, that new or improved train activated warning devices should be installed at the Crossing, CITY shall install adequate temporary warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the construction or reconstruction of the PROJECT has been completed.
SECTION 8- OTHER RAILROADS AND AGENCIES
All protective and indemnifying provisions of this AGREEMENT shall inure to the benefit of SCRRA and any other Operating Railroad company lawfully using the railroad right-of-way or facilities.
On any certificate of insurance furnished pursuant to this AGREEMENT, SCRRA must be named as the Certificate holder or the insured. The following must be named as an additional insured:
Los Angeles County Metropolitan Transportation Authority (METRO) Orange County Transportation Authority (OCTA)
Riverside County Transportation Commission (RCTC)
San Bernardino County Transportation Authority (SBCTA)
Ventura County Transportation Commission (VCTC)
Burlington Northern Santa Fe Corporation (BNSF)
National Railroad Passenger Corporation (Amtrak)
Union Pacific Railroad Company (UPRR)
SECTION 9- REMEDIES FOR BREACH OR NONUSE
CITY will surrender peaceable possession of the Crossing upon termination of this AGREEMENT .
Termination of this AGREEMENT shall not affect any rights, obligations, or liabilities of the PARTIES, accrued or otherwise, which may have arisen prior to termination .
CPUCNo.101 OR-193.20-A
DOT No. 026780C
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DOT No. 026780C
55842.00001\43106980 .1
END EXHIBIT A
P age 145
SCRRA File No S0000376
SCRRA Project No. TBD
Construction and Maintenaince Agreement
Crown Valley Parkway Overpass-North Side Widening
Exhibit B-1
SCRRA File No S0000376
SCRRA Project No. TBD
CONSTRUCTION AND MAINTENANCE OF THE
CROWN VALLEY PARKWAY OVERPASS
NORTH SIDE WIDENING
CPUC No. 101 OR-193.20-A
DOT No. 026780C
55842.0000 I \43106980.1
Detailed Description of Project
Pa g e 146 Construction and Maintenaince Agreement
Crown Valley Parkway Overpass-North Side Widening
SCRRA File No S0000376
SCRRA Project No. TBD
DETAILED DESCRIPTION OF PROJECT
Crown Valley Parkway is a 6-lane arterial that serves as an interchange with the 1-5 freeway. It is one of the main east-west roadways leading into Laguna Niguel and Mission Viejo. The purpose of the proposed Crown Valley Westbound Widening project is to widen the north side (westbound direction) of Crown Valley Parkway , from just west of the Forbes Road intersection to the southbound 1-5 exit ramp. This project includes widening the existing bridge structure, approximately thirteen feet, over the Metrolink Railroad Tracks, Orange Subdivision at Railroad MP 193.20 which will reduce vehicle traffic congestion along Crown Valley Parkway and provide for gateway improvements into the City of Laguna Niguel.
CPUC No. IOI OR-I9 3.20-A
DOT No. 026780C
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END EXHIBIT 8-1
Crown Valley Parkway Overpass-North Side Widening
Exhibit B-2
SCRRA File No S0000376
SCRRA Project No. TBD
CONSTRUCTION AND MAINTENANCE OF THE
CROWN VALLEY PARKWAY OVERPASS
NORTH SIDE WIDENING
CPUC No . IOI OR-193.20-A
DOT No. 026780C
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Railroad Location Print
Pa g el48 Construction and Maintenaince Agreement
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CPUC No. 101 OR-193.20-A
DOT No. 026780C
55842 ,00001143106980 .1
END EXHIBIT B-2
Page I 49
SCRRA File No S0000376
SCRRA Project No. TBD
Construction and Maintenaince Agreement
Crown Valley Parkway Overpass-North Side Widening
Exhibit B-3
SCRRA File No S0000376
SCRRA Project No. TBD
CONSTRUCTION AND MAINTENANCE OF THE
CROWN VALLEY PARKWAY OVERPASS
NORTH SIDE WIDENING
Project Plans
(Project Title Sheet and Bridge General Plan)
CPUC No. 101 OR-193.20-A
DOT No. 026780C
55842.0000 I 143106980 I
END EXHIBIT B-3
Page I 50 Construction and Maintenaince Agreement
Crown Valley Parkway Overpass-North Side Widening
Exhibit B-4
SCRRA File No S0000376
SCRRA Project No. TBD
CONSTRUCTION AND MAINTENANCE OF THE
CROWN VALLEY PARKWAY OVERPASS
NORTH SIDE WIDENING
CPUC No. 101 OR-193.20-A
DOT No. 026780C
55842 .00001\43106980 . l
Project Specifications
(Cover Page)
END EXHIBIT B-4
Pa g e j 51 Construction and Maintenaince Agreement
Crown Valley Parkway Overpass-North Side Widening
Date
Exhibit B-5
SCRRA File No S0000376
SCRRA Project No. TBD
CONSTRUCTION AND MAINTENANCE OF THE
CROWN VALLEY PARKWAY OVERPASS
NORTH SIDE WIDENING
SCRRA Approval of Plans and Related Documents
SCRRA File No. G0000338 -----
CPUCNo . 101 OR-193 .20-A
DOT No. 026780C
Pag e j 52 Construction and Maintenaince Agreement
Crown Valley Parkway Overpass-North Side Widening
55842 00001\43106980 .l
SCRRA File No S0000376
SCRRA Project No. TBD
SCRRA Project No. TBD
Jacki Scott; P.E.
Public Works Director and City Engineer
City of Laguna Niguel
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
Reference: Crown Valley Parkway Overpass North Side Widening Crossing over the Orange Subdivision, MP 193.20 Approval of Plans, Specifications and Estimates
Dear Ms. Scott:
This letter serves as the Southern California Regional Rail Authority's ("SCRRA") final written approval of the Plans and Specifications covering the Crown Valley Parkway Overpass North Side Widening Crossing over the Orange Subdivision, MP 193.20, based on the review, by SCRRA, of the final plans, specifications, and estimates ("PS&E") that are to be issued for construction.
This final written approval is given to City of Laguna Niguel ("CITY") pursuant to Article 3.3 of the Construction and Maintenance Agreement between SCRRA and CITY, dated [Insert Date of Signed C&M]
If the Plans and Specifications are revised by the CITY subsequent to the date set forth above, this letter shall no longer serve as final written approval of the PS&E and CITY must submit the proposed revisions to SCRRA for final written approval.
Sincerely yours,
Justin Fornelli, P.E.
Chief of Program Delivery
CPUC No. IOI OR-193.20-A
DOT No. 026780C
55842 0000 I \43106980. l
END EXHIBIT 8-5
Pa g-: 153 Construction and Maintenaince Agreement
Crown Valley Parkway Overpass-North Side Widening
Exhibit C-1
SCRRA File No S0000376
SCRRA Project No. TBD
CONSTRUCTION AND MAINTENANCE OF THE
CROWN VALLEY PARKWAY OVERPASS
NORTH SIDE WIDENING
CPUC No. 101 OR-193 .20-A
DOT No. 026780C
55842 00001\43106980. I
License for CROSSING AREA
END EXHIBIT C-1
Page j 54 Construction and Maintenaince Agreement
Crown Valley Parkway Overpass-North Side Widening
Exhibit C-2
SCRRA File No S0000376
SCRRA Project No. TBD
CONSTRUCTION AND MAINTENANCE OF THE
CROWN VALLEY PARKWAY OVERPASS
NORTH SIDE WIDENING
CPUC No. 101 OR-193 .20-A
DOT No. 026780C
55842.00001\43 I 06980 I
Plat of CROSSING AREA
END EXHIBIT C-2
Page I 55 Construction and Maintenaince Agreement
Crown Valley Parkway Overpass-North Side Widening
Exhibit D-1
SCRRA File No S0000376
SCRRA Project No. TBD
CONSTRUCTION AND MAINTENANCE OF THE
CROWN VALLEY PARKWAY OVERPASS
NORTH SIDE WIDENING
Cover Sheet for Cost Estimate
CITY'S Scope of Work (CITY WORK)
CPUCNo. 101 OR-193 .20-A
DOT No. 026780C
55842.0000I\43106980 I
Pa g e J 56 Construction and Maintenaince Agreement
Crown Valley Parkway Overpass-North Side Widening
SCRRA File No S0000376
SCRRA Project No. TBD
p s 0 M A s
Crown Valley Parkway Westbound W idening Improve m ents From Cabot Road to the 1-5 Southbou nd Off-Ramp
100% SUBMITTAL (OH Wideni ng Only)
Item Unit of
No. Item Description Measure Quantity' Price Amount
MISqllANEOUS
1 Moblllzatlon 110%) 15 1 s 73.000 s 73,000
S1IWCTUIES IMPROVEMENTS
Ovl!lhead Bridge
2 Stru cture Excavation (Bridge) CY 61 s 150 s 9,111
3 Structure Backfill lBrid,.el CY 39 s 180 s 7,093
4 Furnish Steel Pilin~ (HP 10 X 57) LF 137 s 70 s 9.624 5 Drive Steel Pile (HP 10 X 57) EA 3 s 5,000 s 13,500
6 72" Permanent Steel casing LF 21 s 2.500 s 52,324
7 72" Cast-In-Drilled -Hole Concret i112 P~ing LF 54 s 2,500 s 133,751 8 Prestressing Cast-In-Place Concrete 15 0 s 9,260 s 4,167 9 Structural Concrete, Bridge Footing CY 9 s 900 s 8,113 10 Structural Concrete, Bridge CY 73 s 1,300 s 95,225
11 Structural Concrete, Bridge (Polymer Fiber) CY 41 s 1,400 s 56,700 12 Aggregate Base (Approach Slab) CY 0 s 1,000 s 450
13 Structural Concrete, Approach Slab (Type EQ) CY 4 s l ,SOO s 6,413 14 Struetural Concrete, Approach Slab (Type R) CY 3 s 1,600 s 4,467 15 Paving Notch Extension CF 11 s 500 s 5,738
16 Drill and Bond Dowel lF 107 s 70 s 7,481
17 Joint Seal (MR 1/2") LF 14 s 150 s 2,086
18 Bar Reinforcing Steel (Bridge) LB 53,258 s 3 s 133,144 19 Bar Reinforcing Steel (Galvanized) LB 486 s 3 s 1,216 20 Structura l Steel !Galvanized) LB 4,042 s 4 s 16,169 21 Bridge Removal (Portion) 15 0 s 35,000 s 15,750
22 Chain Line (Type 7 Modified) lf 109 s us s 13,687
23 Concrete Barrier (Type 842) LF 109 s 200 s 21,900
24 Prepare Concrete Bridge Deck Surface SF 14,310 s 1 s 7,155 25 Treat Bridee Deck SF 14,310 s 1 $ 7,155
26 Furnish Brid"e Deck Treatment Materia l GAL 191 s 150 s 28620 Subtotal $734,038
Continoencv of Construction 110%1 15 1 573.500 573 500
TOTAL Construction Com $807 53!
• Quantities reflect prorat ion of t he length of bridge wit hin Railroad R/W to total length of bridge= 0.45 END EXHIBIT D-1
CPUC No. 101 OR-193.20-A P age I 57 Construction and Maintenaince Agreement DOT No. 026780C Crown Valley Parkway Overpass-North Side Widening 55842.0000 I \43106980.1
Exhibit D-2
SCRRA File No S0000376
SCRRA Project No. TBD
CONSTRUCTION AND MAINTENANCE OF THE
CROWN VALLEY PARKWAY OV'E~RPASS
NORTH SIDff:WIDENING
SCRRA Scope of Work and Estimate
CPUC No. 101 OR-193.20-A
DOT No. 026780C
Page /58 Construction and Maintenaince Agreement
Crown Val1ey Parkway Overpass-North Side Widening
55842.00001\43106980.1
SCRRA File No S0000376
SCRRA Project No. TBD
EXHIBITD-2
RAILROAD WORK-
SCRRA SCOPE OF WORK AND COST ESTIMATE
Crown Valley Parkway Overcrossing Widening Northerly Side; Orange Subdivision MP 193.20 Estimate date 4-3-2025
TASK
DESIGN CIVIL
2 DESIGN SIGNAL
3 DESIGN SUPPORT - CIVIL
4 DESIGN SUPPORT-SIGNAL
5 MAT'LPROCUREMEN-TRACK
6 MAT'L PROCUREMENT
-STRUCTURES
7 MAT'L PROCUREMENT - SIGNAL
8 MAINTENANCE SUPPORT-TRK/STR
9 MAINTENANCE SUPPORT
- SIGNAL/COMM
10 CONSTRUCTION- CIVIL .
11 CONSTRUCTION- SIGNAL
12 CONSTRUCTION -MGMT
13 FLAGGING
14 PROJECT MGMT
15 OTHER PROFESSIONAL
SERVICES
16 BUS BRIDGES & TRAIN EQUIP &
CREWS\
17 OTHER (PERMITS, FEES, ETC)
18 AGENCY
19 DBE COMPLIANCE
20 SUBTOTAL
21 PROJECT RESERVE
CPUCNo. 101 OR-193.20-A
DOT No. 026780C
55842.0000 l\43106980.l
CONTRACTO
QUANTITY UNIT CITY COSTS RPAID
COST COSTS
0 LS $ $
0 LS $ $
0 LS $ $
O.LS $ $
0 LS $ $
0 LS $ :$
0 LS $ $
I LS $50,000.00 $ 50,000.00
1 LS $50,000.00 $ 50,000.00
0 LS $ $
0 LS $
664 Hrs $ 275.00 $ 182,600.00
471 Shifts $1,850 .00 $ 871,350.00
504 Hrs $275.00 $ I 38,600 .00
JOO EA $230.00 $ 23,000.00
0 LS $
0 LS $
252 Hrs $272.80 $68,745.60 $
13 Months $1,200.00 $15,600 .00 $0.00
$505,545.60 $ 894,350 .00
10% $50,554 .56 $89,435 .00
$556,100 . 16 $983,785.00
$556,100 $983,785
rage j 59 Construction and Maintenaince Agreement
Crown Valley Parkway Overpass-North Side Widening
TOTAL
PROJECT
COSTS
$
$
$
$
$
$
$
$ 50,000.00
$ 50,000.00
$
$
$ 182,600.00
$ 871,350.00
$ 138,600.00
$ 23,000.00
$
$
$ 68,745.60
$ 15,600.00
$1,399,895 .60
$139,989.56
$1,539,885 .16
$ 1,539,885
Notes
EXHIIT D-2 CONTINUED
SCRRA File No S0000376
SCRRA Project No. TBD
Estimate 380 calendar days or 55 weeks from NTP to completion construction.
Task 8 Estimate of labor and equipment for SCRRA Track Contractor to be on call for emergency track repair and to restore track structure to preconstruction condition.
Task 9 Estimate of labor and equipment for SCRRA Sign9I/Comm. Contractor to mark out SCRRA underground signal & communication facilities prior to CITY's Contractor excavation(s)
Task 12 Estimate Construction Mngt; 28 wks.@ 16_hrs./wk. and 27 weeks@ 8 hrs. /wk.
Task 13 Flagging estimate; Estimate 2 shifts per day, 6 day/ week for 28 weeks plus 1 shift per day, 5 day/week for 27,weeks ••
Task 14 Project Management; Estimate 55 wks.@ 8 hr./wk. plus 8 wks.@ 8 hrs./wk.
Task 15 Provide Roadway Worker Protection Training for access onto Railroad right of way; Estimate 10 sessions at 10 individuals per sessions; 100 each Task 18 Agency administrative costs, Estimate 55 wks. @ 4 hr./ wk. plus 8 wks. @ 4 hr. /wk.
Task 19 SCRRA DBE Compliance 13 months@$1,200.00 per month.
1. No track and signal and communication system relocation work are anticipated
2. The estimate may be revised as additional information is developed through cable location and similar activities
END EXHIBIT D-2
(RAILROAD WORK)
CPUC No. 101 OR-193 .20-A
DOT No. 026780C
Crown Valley Parkway Overpass-North Side Widening
55!142.00001\43106980.1
SCRRA File No S0000376
SCRRA Project No. TBD
Exhibit E-1
CONSTRUCTION AND MAINTENANCE OF THE
CROWN VALLEY PARKWAY OVERPASS
NORTH SIDE WIDENING
SCRRA Form 37 Rules and Requirements for Construction on SCRRA Property and List of Submittals
Refer to link below:
https ://www.metrolinktrains.com/globalassets /about/engineering/scn ·a form no 37.pdf CPUCNo . IOI OR-193.20-A
DOT No. 026780C
55842 .0000 l \43106980 . 1
END EXHIBIT E-1
Pa ge I 61 Construction and Maintenaince Agreement
Crown Valley Parkway Overpass-North Side Widening
Exhibit E-2
SCRRA File No S0000376
SCRRA Project No. TBD
CONSTRUCTION AND MAINTENANCE OF THE
CROWN VALLEY PARKWAY OVERPASS
NORTH SIDE WIDENING
SCRRA Form 6 Temporary Right of Entry Agreement
and SCRRA Insurance Requirements
Refer to link below:
https ://www.metrolinktrain .com/globalassets /about/engineering/scrra form no 6.pdf CPUC No. 101 OR-193.20-A
DOT No. 026780C
55842.00001\43106980 I
P ag e 162 Construction and Maintenaince Agreement
Crown Valley Parkway Overpass-North Side Widening
SCRRA File No S0000376
SCRRA Project No. TBD
ACCESS CONTROL MANAGEMENT
PLAN
In addition to the application requirements for SCRRA Form 6, Temporary Right of Entry Agreement, Contractor shall provide for Metrolink approval a separate management plans to include specific procedures,
details, contacts and hierarchy of responsibility and protocol for each of the following topics before a Right-of-Entry will be approved.
• Control and manage materials and equipment deliveries to the jobsite by Contractor, subcontractors, and 3rd party vendors to include location and access to material and equipment storage areas. Also control and manage deliveries of construction materials to be delivered to the site by 3rd party vendors to be incorporated into the work. • Control and manage access to the jobsite by contractor personnel, subcontractor personnel, vendors, owner representatives and their consultants and other 3rd party visitors to the jobsite.
• Control and manage the use of the of the Temporary Construction Crossing with points of access identified. Access to the Metro link right of way will be secured with 6' chain-link fencing and gate. Metrolink lock will be placed on the gate and only the Roadway Worker in Charge (RWIC) will be authorized to open the point of access gates. A RWIC is required to supervise the crossing at all times that it is in use and will close the crossing when it is not in use.
• Control and manage job briefings; Prior to the required job briefing by Roadway Worker in Charge (RWIC), the Contractor's Superintendent/Foreman and the Roadway Worker CPUC No. 101 OR-193.20-A
DOT No. 026780C
55842 .0000 I \43106980 . 1
Pa gel 63 Construction and Maintenaince Agreement
Crown Valley Parkway Overpass-North Side Widening
SCRRA File No S0000376
SCRRA Project No. TBD
in Charge (RWIC) will hold a briefing at the start of the shift and again as the conditions, job tasks and/or locations change. The Superintendent/Foreman will outline the work scope to be performed, the location and any associated safety requirements and the RWIC will outline the scope and method of protection to be employed. All contractor and subcontractor workers will sign to acknowledge understanding and agreement of both the work scope and method of on track protection. The Superintendent/Foreman shall have an approved copy of the Site Specific Work Plan, SSWP, available on site.
CPUC No. 101 OR-193.20-A
DOT No. 026780C
5584200001\43106980 .1
END EXHIBIT E-2
Crown Valley Parkway Overpass-North Side Widening
Exhibit E-3
SCRRA File No S0000376
SCRRA Project No. TBD
CONSTRUCTION AND MAINTENANCE OF THE
CROWN VALLEY PARKWAY OVERPASS
NORTH SIDE WIDENING
Grade Separation Design Criteria
Section 12.4 Design Criteria Manual
Refer to links below:
scrra design criteria manual.pdf (metro I inktrains.com) scrra design criteria manual-errata .pelf (metrolinktrains.com) CPUC No. IOI OR-193.20-A
DOT No. 026780C
5584200001\43106980 .1
END EXHIBIT E-3
Pa ge 165 Construction and Maintenaince Agreement
Crown Valley Parkway Overpass-North Side Widening
ExhibitF
SCRRA File No S0000376
SCRRA Project No. TBD
CONSTRUCTION AND MAINTENANCE OF THE
CROWN VALLEY PARKWAY OVERPASS
NORTH SIDE WIDENING
CPUC No. 101 OR-193.20-A
DOT No. 026780C
55842.00001\43106980 .1
Funding Schedule
END EXHIBIT F
Pagel66 Construction and Maintenaince Agreement
Crown Valley Parkway Overpass-North Side Widening
SCRRA File No S0000376
SCRRA Project No. TBD
Exhibit G
CONSTRUCTION AND MAINTENANCE OF THE
CROWN VALLEY PARKWAY OVERPASS
NORTH SIDE WIDENING
CPUC Decision Granting Authority to Alter Highway-Rail
Crossing Pursuant to General Order 88-B
CPUC No. 101 OR-193.20-A
DOT No. 026780C
55842.00001\43106980 .1
END EXHIBIT G
Pa g e J 67 Construction and Maintenaince Agreement
Crown Valley Parkway Overpass-North Side Widening