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CC - Item IV.CC-H - Construction Of Grade Crossing Safety Improvements and Grade Separation Projectsstaf epor TO: HONORABLE MAYOR AND MEMBERS R/OSEMEAD CITY COUNCIL FROM: CRANK G. TRIPEPI, CITY MANAGEF~ DATE: MAY 17. 2000 RE: APPROVAL OF COOPERATIVE AGREEMENT BETWEEN THE CITY OF ROSEMEAD AND THE ALAMEDA CORRIDOR-EAST CONSTRUCTION AUTHORITY OF THE SAN GABRIEL COUNCIL OF GOVERNMENTS REGARDING THE CONSTRUCTION OF GRADE CROSSING SAFETY IMPROVEMENTS AND GRADE SEPARATION PROJECTS In 1998, the San Gabriel Valley Council of Governments created the Alameda Corridor-East Construction Authority (ACE) to implement an improvement program to mitigate safety and mobility issues along the railroad corridor between downtown Los Angeles and the City of Pomona. ---ACE is now in the process of implementing the safety and/or traffic signal control measures and _ roadway widenings to improve safety and mobility at railroad grade crossings throughout the San Gabriel Valley. There are four at grade railroad crossings along the northern City boundary, at Walnut Grove Avenue, Encinita Avenue, Lower Azusa Road and Temple City Boulevard. Improvements at these grade crossings will extend south into the City of Rosemead and City staff participated on the diagnostic team tasked to develop concepts for the. improvements. ACE is now ready to move forward with the final design and has requested that the City enter into a cooperative agreement outlining requirements and conditions for both agencies in regards to the construction of the grade crossing improvements. RECOMMENDATION - It is recommended that the City Council approve the cooperative agreement and authorize the Mayor to sign the agreement. Attachment 2000rsmd/staff rpt/city COUNCIL. AGENDA big 2 3 2000 ITEM No. j - CG 14 =t-~ a e Alameda Corridor-East Construction Authori 3871 East Colorado Boulevard, Suite 100, Pasadena, CA 91107 (626) 405-1700 Fax (626) 405-1701 April 20, 2000 Frank G. Tripepi City Manager City of Rosemead P.O. Box 399 Rosemead, CA 91770 Re: Alameda Corridor-East "Jump Start" Safety Improvements - Dear Mr. Tripepi: Recognizing that the completion of the Alameda Corridor project (from the Ports of Los Angeles and Long Beach into downtown Los Angeles) would trigger an increase in rail traffic through the San Gabriel Valley, the San Gabriel Valley Council of Governments commissioned a comprehensive grade crossing study. The intent of the 1997 study was to assess-.the-.condition-of-55-highway-rail-grade-crossings between downtown Los--- Angeles and the City of Pomona and to develop a corridor improvement program that would mitigate safety and mobility issues. The final report (San Gabriel Valley Grade Crossing Study, Final Report January, 1997) was adopted in 1988. In 1998, the San Gabriel Valley Council of Governments SGVCOG created the Alameda Corridor--- East (ACE) Construction Authority to implement the project resulting from the above referenced study. The ACE Construction Authority Board of Directors is comprised of seven jurisdictions: the cities of El Monte, Industry, Montebello, Pomona, San Gabriel, Los Angeles County, and a SGVCOG representative. In addition to railroad grade separations, the Alameda Corridor-East project includes a program to implement safety and/or traffic signal control measures and roadway widenings. The Jump Start program, as it is commonly referred to, includes provisions to improve safety and mobility at all of the existing grade crossings identified in the San Gabriel Valley Council of Governments Grade Crossing Study. It is intended that the recommended improvements will be carried out at all locations early in the ACE program, except in those instances in which there will be a near term grade separation, or where immediate, interim safety and/or operational improvements are not warranted. Jump Start Safety projects are intended to address the following issues and conditions: • Vehicles queuing across railroad tracks • Vehicles driving around automatic gates • False/inconsistent activation of automatic gates and warning systems • Poor grade crossing conditions • Poor pedestrian conditions In order to address these issues and conditions, integrated packages of improvements to the grade crossings and approaches (both rail and roadway) will be constructed. Examples of these techniques are: • Provision of updated and/or improved pavement marking (roadway striping) and signs; • Construction of raised median islands or partly raised dividers on approach roadways; • Provision of grade crossing panels across the full extent of the roadway and sidewalk which are level and in good condition; • Construction of sidewalks where necessary; • Relocation of railroad signal cabinets and removal of landscaping or other features which reduce sight distance at grade crossings; • Provision of additional lanes or roadway shoulders to provide additional queuing downstream from grade crossings and safety zones where vehicles stuck in traffic can pull off crossings; • Provision o additional and/or improved -grade-crossing protection devices -flashing light devices, audible devices, and automatic crossing gates (including improved placement of devices); • Repair and upgrade of railroad's constant warning time train activation circuits. The initial phase to implementing the Jump Start program outlined above was to field review all 55 grade crossing locations in the corridor and make final recommendations on the improvements to be constructed at each location. The crossings located in Rosemead are Walnut Grove Avenue, Encinita Avenue, Lower Azusa Road, and Temple City Boulevard. In response to a request from ACE, Rosemead City Staff agreed to participate as members of the diagnostic teams assigned to field review the grade crossings. Willdan Engineering represented Rosemead at the field meetings held in December 1999. Also represented were staff from the PUC, UPRR and ACE. Enclosed with this letter are concept drawings reflecting the findings and improvement recommendations made by the diagnostic teams at the four grade crossings located in the City of Rosemead. Please have your staff review the- drawings. In addition, we need to know if the City of Rosemead is interested in having the ACE Construction Authority move forward on the final plans and construction of the recommended improvements as outlined in the attached cooperative agreement. We anticipate issuing design contracts for of all of the ACE Jump Start improvements in June. In order for the proposed improvements within Rosemead to be included in the proposed design contracts, we need to have a response from you by May 15, 2000. It should be noted that actual construction of the improvements would be contingent upon the City's execution of the attached Cooperative Agreement between the ACE Construction Authority and the City of Rosemead. To avoid any project delays and/or extra-design effort, we are requesting that this agreement be approved by your City Council prior to June 30, 2000. If you have any questions regarding the above matter, please contact Mark Christoffels of my staff at (626) 405-1700. Sincerely,. Rick Richmond Chief Executive Officer Enclosures Cc: Ken Rukavina, City Engineer AGREEMENT REGARDING THE CONSTRUCTION OF GRADE CROSSING SAFETY IMPROVEMENTS AND GRADE SEPARATION PROJECTS BY THE ALAMEDA CORRIDOR-EAST CONSTRUCTION AUTHORITY . THIS AGREEMENT dated this _ day of , 2000, by and between the CITY OF. ROSEMEAD, a municipal --corporation, hereinafter referred to as "CITY", and the ALAMEDA CORRIDOR-EAST CONSTRUCTION AUTHORITY OF THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS, a California Joint Powers Authority, hereinafter referred to as "ACE". RECITALS CITY and ACE contemplate installing railroad grade crossing improvements and grade separations as set forth in Exhibit "A", referred to herein as "Project", and desire to specify the terms and conditions under which Project is to be engineered, constructed, financed, operated and maintained., SECTION I ACE AGREES: 1. To provide at no cost to CITY all necessary preliminary engineering, including plans and specifications and utility identification-- and -location, and all necessary construction' engineering/management- services including all required Project accounting for Project. 2. To act as lead agency and obtain all environmental approvals as required from Federal or State agencies for Project. 3. To obtain all required authorizations and permits from governmental agencies and the Union Pacific Railroad Company necessary to construct Project. 4. To acquire at no cost to CITY the-necessary rights-of-way, if any, required outside of, existing rights-of-way. 5. To mitigate identified property owner and business impacts directly associated with the Project in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policy Act to the extent that said mitigations are eligible and within the amount of funding appropriated to ACE for said purpose. 6. To prepare at no cost to CITY all necessary plans, specifications, and cost estimates and to obtain CITY's approval thereof prior to Project being advertised for construction bids. Page 1 of 7 f 7. To pay One Hundred Percent (100°%) of Project construction costs that are eligible and within the amount of funding appropriated to ACE for said purpose. 8. To pay One Hundred Percent (100°%) of all contract administration costs that are eligible and within the amount of funding appropriated to ACE for said purpose. 9. To not proceed with the construction of Project, or any phase of Project, until all necessary funding for Project has been identified and appropriated, including any required agreements for funding contributions by CITY to Project. 10. Upon completion of Project, to furnish CITY a complete set of full-sized film positive reproducible as-built plans. SECTION II CITY AGREES: 1. To provide all-available plans and survey. data of existing CITY infrastructure necessary to design Project. 2. To provide written support for any funding applications made by ACE for Project by either a resolution adopted by the City Council or a letter signed by the Mayor, and to provide - -supporting-oral-testimony-when required ' - 3. To enforce available rights under existing franchise agreements if existing public and/or private utilities conflict with the construction of Project. 4. To review and approve plans, and. issue no fee encroachment permits, within 30 days of receipt of final plans from ACE. 5. To take title to all rights of way acquired for the Project that are not specifically dedicated to the Union Pacific Railroad. 6. To enter into a separate agreement and pay one Hundred Percent (100%) of Project engineering, construction, and administrations costs for CITY requested betterments as defined in Section III. Page 2 of 7 SECTION III IT IS MUTUALLY AGREED AS FOLLOWS: 1. Should any portion of Project be financed with funds with specific expenditure requirements or limitations, all applicable laws, regulations and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. 2. That construction by ACE of those portions of the Project which lie within CITY rights-of-way or effect CITY facilities shall not be commenced until ACE's original contract plans involving such work have been reviewed and approved by signature of the CITY engineer for CITY or his delegated agent. Receipt by ACE of ACE's contract plans signed by CITY shall constitute CITY's acceptance of and official approval of said plans. 3. That during the course of plan preparation, CITY may request ACE to include additional work in Project. Said.work shall be considered a "betterment" if it is not directly required by the proposed work shown in Exhibit. "A", is not eligible for, or within the scope of, the funding appropriated to ACE for Project as determined by Caltrans in accordance with Title 23 of the Federal Code of Regulations, or is not _.___designated--as--a-required- mitigation measure--for- Project--- In addition, the term betterment shall include any CITY funded work that CITY desires to have constructed concurrently with Project and for which ACE is able to reasonably accommodate in Project. A separate agreement shall be executed defining the terms and conditions under which betterment is to be -engineered, constructed, financed, operated and maintained. 4. If existing public and/or private utilities conflict with the construction of Project, CITY will make all necessary arrangements with the owners of such utilities for their protection, relocation or removal. ACE will coordinate and inspect the protection, relocation or removal. -If there are costs of such protection, -relocation or removal that CITY must legally pay, ACE will pay One Hundred Percent (100%)of the cost of said protection, relocation or removal plus cost of engineering overhead and inspection. Nothing in this agreement shall restrict or affect ACE's right to enter into separate' agreements with utilities for reimbursements of utility costs for protection, relocation, or removal of their facilities. Page 3 of 7 5. CITY and ACE, jointly, or as may be determined between them, shall be responsible for entering into operation and maintenance agreement(s) with the Union Pacific Railroad Company for the Project as it relates to the tracks and right of way owned by the Union Pacific Railroad Company. 6. Upon completion of all work under this Agreement, ACE will relinquish all ownership and maintenance responsibilities, and all applicable product and construction warranties including the costs and benefits thereof, of all improvements and roadwork included in Project based on the respective rights-of-way of CITY and Union Pacific Railroad Company, and in accordance with the agreement referenced in Section III, Paragraph S. 7. ACE will reimburse CITY for reasonable contracted plan check expenses related to Project. In order to be eligible for reimbursement, said expenses must have prior approval from ACE, and be required due to unavailability, or lack of specific required expertise, of CITY staff to perform the required plan checking. ACE acknowledges that this activity is an important protection for CITY and will not unreasonably withhold its approval of such expenses. 8. ACE, the San Gabriel Valley Council of Governments, and their respective elected and appointed boards, officials, officers, agents, employees, and volunteers (individually and collectively, "INDEMNITEES") shall have no liability to CITY or_--any--other--person,- - and-- CITY - pursuant-- to Government-- Code - Section 895.4, shall indemnify, defend (using legal counsel of CITY's own choosing), protect and hold harmless INDEMNITEES from and against, any liabilities, as defined in Section III, Paragraph 10, or legal challenges to the project by anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction associated with the Project and delegated to CITY under this agreement. Any rights of CITY to inspect, review and/or approve of Project design or construction shall not signify that ACE relinquishes management or control over such design or construction. 9. CITY, and its respective elected- and -appointed boards, officials, officers, agents, employees, and volunteers (individually and collectively, "CITY INDEMNITEES") shall have no liability to ACE or any other person, and ACE, pursuant to Government Code Section 895.4, shall indemnify, defend (using legal counsel of ACE's own choosing), protect and hold harmless CITY INDEMNITEES from and against, any liabilities, as defined in Section III, Paragraph 10, or legal challenges to the Project by reason of anything done or omitted to be done by ACE under or in connection with any work, authority or jurisdiction- associated with the Project and delecated to ACE under this agreement. Any rights of CITY Page 4 of 7 to inspect, review and/or approve of Project design or construction shall not signify that ACE relinquishes management or control over such design or construction. 10. The term "liabilities" used in Section III, Paragraphs 8 and 9 shall mean any and all judgments, awards, claims, demands, liabilities, injury (as defined by Government Code Section 810.8), obligations, litigation, fines, penalties, fees - (including, without limitation, expert witness fees, engineering and defense costs, and legal fees), costs (including, without limitation, any and all costs involved in instituting a direct condemnation proceeding, and any and all costs involved in defending an inverse condemnation proceeding, and any and all costs involved in an environmental cleanup or archaeological discovery),- expenses (including, without limitation, attorneys' fees and court costs), proceedings, suits and actions of whatever kind, and damages of any nature whatsoever (including, without limitation, bodily injury, death, personal injury, or property damage). 11. That in the construction of said work, ACE will furnish a resident engineer at no cost to CITY, and CITY shall, at no cost to ACE, furnish a representative. Said representative and resident engineer will cooperate and consult with each other, but the decisions of, ACE's resident engineer shall remain the sole and primary directive for all Project work. If material changes to the approved plans and specifications are required to -complete -the -Project-;--and -said--changes -wi-11---- impact the proposed Project improvements within CITY right- of-way, the ACE resident engineer will obtain the CITY's representative approval before authorizing said changes. 12. CITY may require that certain CITY owned materials be salvaged during the course of Project construction. At the time of Project plan approval CITY shall notify ACE of materials to be salvaged including the desired procedure for removal and delivery to a CITY designated storage facility. ACE will include the request in the Project specifications. ACE will not be liable for any costs associated with the subsequent reuse, storage, reclamation, or reinstallation of salvaged materials by CITY, and such activities will be - considered delegated to CITY under this Agreement. 13. Prior to acceptance of the Project, as completed, under the terms of the Project's construction contract, ACE will confer with CITY, in good faith, to obtain CITY's concurrence that those components of the Project that are located within CITY's right-of-way have been completed in substantial conformance with the approved plans and specifications. It is understood that CITY will not unreasonably withhold said concurrence. Should ACE and CITY be unable to agree on Project completion as discussed herein, then ACE and CITY Page 5 of 7 shall meet and confer, in good faith, to resolve the disagreement. If the disagreement has not been resolved at the end of thirty (30) days, then the disagreement will be submitted to mediation in accordance with the Mediation Rules of the American Arbitration Association. City and ACE shall equally share in the costs of mediation and the mediator shall be acceptable to both parties. If ACE and CITY are unable to agree on the selection of a mediator, then assistance will be obtained from the American Arbitration Association. The parties agree to participate in mediation and any associated negotiations for a period of at least sixty (60) days. If the disagreement cannot be resolved through mediation, the disagreement may be submitted to binding arbitration if City and ACE so agree at the time. SECTION IV MISCELLANEOUS:. 1. Every notice, demand, request, or other document or instrument delivered pursuant to this Agreement shall be in writing, and shall be either personally delivered, sent by Federal Express or other reputable overnight courier, sent by facsimile transmission with telephonic confirmation of actual receipt and the original subsequently delivered by other means, or sent by certified United States mail, postage prepaid, return receipt requested, to the addresses set forth - below, or to such other address as a-party-may-designate-from time to time: To CITY: City of Rosemead City Hall P.O. Box 399 Rosemead, CA 91770 Attention: City Engineer Telephone:(626) 288-6671 Fax: (626) 307-9218 To ACE: ACE Construction Authority 3871 East Colorado Blvd, Suite 100 Pasadena, CA 91107 Attn: Chief Executive Officer Telephone:(626) 405-1700 Fax: (626) 405-1701 2. This Agreement constitutes the entire understanding and agreement of the Parties and integrates all of the terms and conditions mentioned herein or incidental hereto with respect to the subject matter hereof, and supersedes all-negotiations or previous agreements between the Parties with respect to all or part of the subject matter hereof. Page 6 of 7 3. This Agreement may be amended in writing at any time by the mutual consent of the parties. No amendment shall have any force or effect unless executed in writing by both parties. 4. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of the Agreement shall continue in full force and effect, unless and to the extent that the rights-and obligations of one or both Parties would be materially altered or abridged by such interpretation. 5. This Agreement shall be construed and enforced in accordance with the laws of the State of California. 6. Except as set forth herein, no party shall assign or otherwise transfer this Agreement or its right or interest or any part thereof to any third party, without the prior written consent of the other party. Such consent shall not be unreasonably withheld. No assignment of this Agreement shall relieve the assigning party of its, obligations until such obligations have been assumed in writing by the assignee. When duly assigned in accordance with the forgoing, this Agreement shall be binding upon and inure to the benefit of the assignee. IN WITNESS WHEREOF, the parties hereto have caused this - Agreement-- to -be - executed--by -their respective officers as of the date first written above. CITY OF ROSEMEAD Mayor ATTEST: City Clerk APPROVED AS-TO FORM: City Attorney ACE of Executive Officer ATTEST: Secretary APPROVED-AS TO FORM: ACE General Counse Page 7 of 7 Exhibit A Kc En NJ INSTALL CLANTON STREET i INSTALL RIO I REMOVE AND REPLACE PAVEMENT YAID'W, W Z ' W Q 11 W 0 0~ BAKERY U r z Z J C ea i I I 1 I I 1 I COUNTY OF LOS ANGELES CITY OF ROSEMEAD _ So. CAL. EDISON MAINE YARD WALNUT GROVE INDUSTRIAL PARK 7' 32. MAX ZONE DEPOT S PAVE OVER DITCH I 1 S. P. T. C. 5 HEAVY INDUSTRY 31' 1 30' HEAVY INDUSTRY LEGEND _ OS SIGNALIZED INTERSECTION RE-PANT PAVDIENT NARKNGS R - ® DRIVEWAY X RR W47 ® CANTILEVER -.6 FLASHERS -a STREET SIGN --==0 CATE ARM 0 PE[ESMAN EROSSNG _ NOTES" • UPDATE TO GCP 3000 (U.P.R.R.) ` QI REMOVE EXISTING BOLLARDS AND HUMPS Q RELOCATE EXISTING CATE - OS RE-PAINT EXISTING STOP LINES _ a0 INSTALL/IMPROVE SIDEWALK _ Q5 PAINT STOP BARS ACROSS SIDEWALK © PLACE FENCE TO PREVENT PEDESTRIANS FROM CROSSING THE RAILROAD - O7 PROVIDE LARGER CURB RETURN O8 INSTALL "KEEP CLEAR" ZONE O REPLACE LENSES WITH LEGS AND " INSTALL GATE ARM LEES 10 INSTALL 4' RAISED MEDIAN - II THE REMOVAL OF THE BAKERY'S PARKING - AREA AND THE POTENTIAL STREET WIDENING ARE PENDING UPON THE COUNTY OF LOS ANGELES' - CPUC NO. 0018-491.60 ALAMEDA CORRIDOR - EAST ALHAMBRA SUBDISION WALNUT GROVE AVENUE GRADE CROSSING ROSEMEAD/COUNTY OF L.A. - - - CROSSING #9 5 na ROSEGLEN ST. RE SIREN TIAL 70.5 19' ZONE - RESIDENTIAL ZONE WATER PUMPING STATION 1 1 reP4 Cry, ww 6 AUTO SERVICE CT rY pr, ] - - - 6 RoSEMf4p 9 1 w 10 Z w _ 1 CirY Q CTrY p ~ 6 6 F Rp _Z u6TAU DMT SfMF40 U 10.5 IT Z w CALTRANS WAREHOUSE STORAGE _ 1 5 R J&QMTAU N7 OW IRAUX Ro PD s LOWER PZUS~ NDM - • UPDATE TO GCP 3000 OS SIGNALIZED INTERSECTION • RE-PAINT TRAFFIC LANES ® DRIVEWAY - OT INSTALL SIGNAL PRE-EMPTION -=-0 CATE ARM Q2 RE-PAINT EXISTING STOP LINES ~I+ FLASHERS - 05 INSTALL ADVANCE WARNING SIGNS (W47) ON APPROACH ROAD Q STREET SIGN ® INSTALL SIDEWALK' - OS RE-PAINT PAVEMENT MARKINGS - © INSTALL 'DO NOT STOP ON TRACKS' SIGN i Q INSTALL NEW GATE 4'3" BACK FROM FACE OF CURB-- CONSTRUCT 2' MOUNTABLE MEDIAN Q INSTALL RAILROAD CONCRETE PANELS IO INSTALL KEEP CLEAR- ZONE _ P.U.C. CLEARANCE VIOLATION CPUC No. 0078- 45<.50 i =erg ALHAMBRA SUBDIVISION - ALAMEDA CORRIDOR - -EAST ENCINITA AVENUE GRADE CROSSING, ROSaiEAD/TEVlPIE CITY CROSSING u1O ~gineerin~ WO ; NSA I O I I \JI I - IRN 1 ,I\ 1 I I I p MOT TO SME I I Q O I I 1 1 a 1 Fc:FNn I I rn OS SIGNALIZED INTERSECTION I I I 1 ~ N Q ® DRIVEWAY I I 1 I I K_ _ I w 3 =0 CATE ARM I 1 O I I 'y FLASHERS I 1 I I I I Ja STREET SICN I 1 1 I I EATON I I I I I WASH - 1 I I I I I I I UTO SERVICE 1 I I I I 1 12' ~1010~11' I. 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CLEARANCE VIOLATION CPUC No. 0018-492.70 ALNAMBRA SUBDIVISION ALA!,"ED`, CORRIDOR - EAST LOWER AZUSA ROAD GRADE CROSSING, ROSEMEAD/ TEMPLE CITY - _ - -CROSSING #11 I I W47 'T T I I I I .L I I I I I I I 1 I I I I I I I I I I I I I I I I I I I I I I I I WAREHOUSE I OUSE] I E A T O N I _ TIEWFLE CaY I I olrY_oF RonuEAD I0XI I I I 15 I 1 I I CROWN CITY PLATING ~d ~W4 1 CITY Of ROSEMEAD in i i 7 \ I ] - I I ' S I I ()_NSAT I NP I CALYiON IND. IlSjll' I I. IO W iISS J ' I MANU(ACTURINC I O _ I- I 1 TO I - I I I I 0- NSAT I 1 1 I HERMATIC SEAL I COORPORATION I I I } - I I I I U ~ _ I w - I I J 0_ I ~ _ I r I I W47 . I Q A NSAT I FGFNp NOTES UPDATE TO GCP 3000 (U.P.R.R.) OS TRAFFIC SIGNAL - Oj INSTALL NEW GATE WITH FLASHERS DRIVEWAY O INSTALL CANTILEVER " ~ CANTILEVER O PAINT STOP LINES ~l FLASHERS .Q. STREET SIGN. Q4 INSTALL SIDEWALK GATE ARM WITH FLASHING LIGHT DEVICES QS INSTALL TRAFFIC DOTS v - © INSTALL 'KEEP CLEAR" ZONE - ~ - - CPUC No. 0010-493.30 = _ _ ALHAMBRA SUBDIVISION ALAMEDA CORRIDOR - EAST TEMPLE CITY BOULEVARD GRADE CROSSING, TEMPLE CITY/EL MONTE/ - kcsEr EAp CROSSING #12