CONTRACT SUMMARY SHEET - Los...

CONTRACT SUMMARY SHEET

TO: THE OFFICE OF THE CITY CLERK,COUNCIL/PUBLIC SERVICES DIVISIONROOM 395, CITY HALL

(PLEASE DO NOT STAPLE THE CONTRACT FOR THE CLERK'S FILE)

DATE: 1017/2013

FORM MUST BE TYPEWRITTEN

FROM(DEPARTMENT):_T_ra_n_s~po_rt_a_ti_o_n __

CONTACT PERSON: _T_in_a_B_a_c_ks_t_ro_m PHONE: 213-972-8602

DATE

NEW CONTRACTAMENDMENT NO.2 -./ADDENDUM NO.SUPPLEMENTAL NO.CHANGE ORDER NO.

CONTRACT NO.: C-115122 j COUNCIL FILE NO.: n/a------------

ADOPTED BY COUNCIL: n/a---------

APPROVED BY BPW: n/a------DATE

CONTRACTOR NAME: Southern California Regional Rail Authority /

TERM OF CONTRACT: 2/4/2009 THROUGH:------------------ -----------

TOTAL AMOUNT: $6,011,830~~~----------------------------------------------

PURPOSE OF CONTRACT: We needed to add the Branford St @ San Fernando Rdwidening to the construction & maintenance agreement withSCRRA/Metrolink.

NOTE: CONTRACTS ARE PUBLIC RECORDS - SCANNED AND UPLOADED TO THE INTERNET

PRINT

seRRA File Number: S0001196

SAN FERNANDO ROAD BIKE PATH PHASE II

AMENDMENT NO.2 TO CONSTRUCTION AND MAINTENANCE AGREEMENT

CPUC DOT SCRRA SCRRAStreet Name

Crossing No. Crossing No. File No. Project No.

Branford Street101 VY-17.87 746055A

(New Addition)

Osborne Street 101VY-18.41 746054T

Pierce StreetSOOO1196 860504

101VY-19.23 746053L

Van Nuys Boulevard 101 VY-19.51 746052E

Paxton Street 101 VY-20.05 746050R

This "AMENDMENT No.2" to the February 4, 2009 Construction and Maintenance Agreement

("AGREEMENT") for the construction and modification of the San Fernando Road Bike Path

Phase II("PROJECT") is made and entered into on this '1- day of l'""e.:6~yr, 2013,

by and between the CITY OF LOS ANGELES, a charter city and a municipal corporation duly

organized and existing under the laws of the State of California and its Charter, hereinafter

referred to as "CITY", and the SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY, a

PREAMBLE

joint powers authority existing under the laws of the State of California, hereinafter referred to as

"SCRRA". SCRRA and CITY are hereinafter collectively referred to as the "PARTIES" or

singly, as the "PARTY".

1. The CITY and SCRRA executed the AGREEMENT on February 4, 2009 which outlined

the construction and maintenance responsibilities for the San Fernando Road Bike Path

Phase IIPROJECT located on the Valley Subdivision between railroad mile posts 17.87

and 20.54 in the City of Los Angeles and the City of San Fernando.

2. At the request of CITY, SCRRA agrees to add the Branford Street Crossing (CPUC No.

101 VY-17.87, USDOT No. 746055A) to the PROJECT. In doing so, the estimated costs

San Fernando Road Bike Path Phase II - 1 - Amendment No.2 Construction and Maintenance Agreement

seRRA File Number: SOOOl196

for the RAILROAD WORK to be performed by SCRRA under the AGREEMENT have

been increased. In addition, the CITY's maintenance, repair and renewal responsibilities

for any street improvements, as outlined in the original AGREEMENT, are automatically

extended to cover the Branford Street Crossing.

3. CITY and SCRRA desire to amend the AGREEMENT to include the additional work

that must be performed by SCRRA and to increase the estimated cost and funding for

said additional work.

4. The AGREEMENT has a provision (Section III, Item 6, page 6), which allows the

AGREEMENT to be amended in writing.

RECITALS

The Recitals are amended asfollows:

The second paragraph of the RECITALS on page 1 in the AGREEMENT is hereby

amended with additional statements to read as follows:

In addition to the PROJECT, CITY desires to modify the existing Branford Street at-

grade crossing, located on the SCRRA Valley Subdivision in the City of Los Angeles.

The Branford Street Crossing is identified by the California Public Utilities Commission

("CPUC") as Crossing No. 101 VY-17.87. At this crossing location, SCRRA member

agency, Los Angeles Metropolitan Transportation Authority ("LACMTA"), owns the rail

right-of-way, and SCRRA, dispatches and operates trains along the rail right-of-way. The

construction of the Branford Street Crossing is further described in "ATTACHMENT A

(Addition 1)", attached hereto and by this reference incorporated herein (hereinafter

referred to as the "BRANFORD CROSSING").

The third paragraph of the RECITALS on page 1 in the AGREEMENT is replaced

with the following to reflect the new "ATTACHMENT B (Revision 1)":

In conjunction with the PROJECT, SCRRA, at CITY's sole cost and expense will design,

construct, maintain and modify the existing signal system to provide advanced

preemption time at Branford Street Crossing (CPUC No.101 VY-17.87, US DOT No.



746055A), Osborne Street (CPUC No. 101 VY-18.41, DOT No. 746054T), Pierce Street

(CPUC No. 101 VY-19.23, DOT No. 746053L),Van Nuys Boulevard (CPUC No. 101

VY-19.51, DOT No. 746052E), Paxton Street (CPUC No. 101 VY-20.05, DOT No.

746050R), along with supporting interconnection work between Sheldon Street and

Wolfskill/Jessie Street, and other supporting activities, such as flagging, inspection

services, and administrative services outlined in the attached estimate "ATTACHMENT

B (Revision 1)", attached hereto and made a part hereof. These works are not included as

part of the PROJECT and are to be funded at the City's expense hereinafter referred to as

the "RAILROAD WORK".

AGREEMENT

In consideration of the promises and mutual understandings of the patties hereto, SCRRA and

CITY agree as follows:

SECTION I

Changes, deletions and additions have been identified below:

SCRRA AGREES:

Paragraph 1, page 2, is replaced with the following:

To furnish, at CITY's sole cost and expense (in accordance with Paragraph 23 of Section

II of the AGREEMENT) all labor, material, tools and equipment, and to do such

RAILROAD WORK as may be required due to the construction of the PROJECT. Such

RAILROAD WORK includes:

a. Install signal improvements, train detection and signal control circuitry, track

circuits and other equipment necessary to provide signal interconnection and

advance pre-emption; and tie the traffic signals constructed by the CITY into

railroad signal system to provide advanced call time as determined by the

CITY.

b. Provide plan check, flagging and inspection services.

c. Install two exit gates at Pierce Street Crossing

d. Install two exit gates at Branford Street Crossing.



e. Relocate two vehicle gates at Branford Street Crossing.

f. Install four pedestrian gates at Branford Street Crossing.

g. Extend concrete track panels at Branford Street Crossing to accommodate the

roadway widening constructed by the CITY.

SECTION II

Changes, deletions and additions have been identified below:

CITY AGREES:

Paragraph 19, page 4, "sidewalks" is deleted from the agreement.


To reimburse SCRRA the actual cost and expense incurred by SCRRA and its contractors

and consultants for all services and work performed in connection with the PROJECT

and RAILROAD WORK so long as said work are part of the agreed upon scope of

PROJECT and RAILROAD WORK, including any provisional overhead rates

representing SCRRA's costs for administration and management and its contractors and

consultants for all services and work performed in connection with the PROJECT and

RAILROAD WORK. The estimated amount of costs and expenses to be incurred by

SCRRA is summarized in ATTACHMENT B (Revision 1) attached hereto and made a

part hereof. The cost and expense shown herein is an estimate only and CITY shall

reimburse SCRRA on the basis of actual cost.

Paragraph 23, page 5 is replaced with the following:

The estimated cost of the RAILROAD WORK provided by this AMENDMENT No.2 in

ATTACHMENT B (Revision 1) is the sum of Six Million Eleven Thousand Eight

Hundred Thirty Dollars ($6,011,830). CITY agrees to deposit with SCRRA an additional

One Hundred Fifteen Thousand Dollars ($115,000) representing 100% of the remaining

costs to complete SCRRA's BRANFORD CROSSING design work.

It is noted that prior to this AMENDMENT No. 2 and as summarized by

ATTACHMENT B (Revision 1), Scannell Properties, in partial fulfillment of the

requirements ofthe CITY, deposited with SCRRA, the amount of Seventy Five Thousand



Dollars ($75,000) to initiate and partially pay for SCRRA's design costs for the

BRANFORD CROSSING.

SECTION III

MUTUAL AGREEMENT:


Except as expressly amended hereby, this AGREEMENT shall remain in force and effect

until mutual termination by the parties or the elimination of the Branford Street Crossing.

The covenants and provisions contained herein shall be binding upon and inure to the

benefit of the successors and assigns of SCRRA and CITY. All rights and obligations of

the CITY and SCRRA under the AGREEMENT that are not amended by this

AMENDMENT No.2 shall remain unchanged. In the event of conflict between the

provisions of the AGREEMENT and the provisions of this AMENDMENT No.2, the

provisions of this AMENDMENT No.2 shall control.


The sources of funding for this PROJECT are provided by Federal Grant, State Grant,

MTA Grant and the CITY. All contracts, expenses, and invoicing for this PROJECT shall

meet the requirements of Federal Grant, State Grant, MTA Grant and the CITY's funding

sources which are included in "ATTACHMENT C" (Revision 1), attached hereto and

made a part of.


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 for the administration of this

AMENDMENT No.2, and to whom notices, demands and communications shall be

given are as follows:


San Fernando Road Bike Path Phase 11 - 5 - Amendment No.2 Construction and Maintenance Agreement

seRRA File Number: SOOOl196

In the event of third-party loss caused by negligence, wrongful act or omission by both

parties, each party shall bear financial responsibility in proportion to its percentage of

fault as may be mutually agreed or judicially determined. The provisions of Civil Code

Section 2778 regarding interpretation of indemnity agreements are hereby incorporated.


Pursuant to Government Code Section 895.4 and 895.6, SCRRA and CITY shall each

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. SCRRA and CITY indemnifies and holds harmless the

other party for any loss, costs, or expenses that may be imposed upon such other party by

virtue of Government Code section 895.2, which imposes joint civil liability upon public

entities solely by reason of such entities being parties to an agreement, as defined by

Government Code section 895.

CITY: SCRRA:

Pauline Chan

Senior Transportation Engineer

City of Los Angeles

Department of Transportation

100 South Main Street, 9th floor

Los Angeles, CA 90012

Patricia A. Watkins

Assistant Director, Public Projects

SCRRAlMetrolink

279 East Arrow Highway, Suite A

San Dimas, CA 91773

E-mail: [email protected]

Telephone: (213) 928-9705

Facsimile: (213) 928-9710

E-Mail: [email protected]

Telephone: (909) 592-7937

Facsimile: (909) 394-3207

Ifthere are any changes in names and/or addresses, either party shall give a written notice to the

other party within five (5) days of such change.


seRRA File Number: SOOO1196

WITNESS WHEREOF, the CITY OF LOS ANGELES and the SOUTHERN

CALIFORNIA REGIONAL RAIL AUTHORITY have caused this AMENDMENT No.2 to

be executed and attested by their duly qualified and authorized officials.

SOUTHERN CALIFORNIA REGIONAL

RAIL AUTHORITY

CITY OF LOS ANGELES

DEPARTMENT OF TRANSPORTATION

BY~~

Chief Executive Officer General Manager

Date: 10"'7-/3 Date: IDJ Cltl p::>

APPROVED AS TO FORM: APPROVED AS TO FORM:

Mike Feuer

City Attorney, City of Los Angeles

By: ~P~.)z ~Michael Nagle 7f------Deputy City Attorney

By:

Don O. Del Rio

General Counsel

Date: ------~r-~~_7--~~~.

Attest: Holly WolcoU, Interim Ci'~ Clerk :~

BY.. ~--- ._--._------

Date: 10 -07-20/3



See Attached Drawing

ATT ACHMENT A (Addition 1)

BRANFORD STREET CROSSING LAYOUT ONLY

BRANFORD STREET PUBLIC HIGHWAY-RAIL GRADE CROSSING

Valley Subdivision Crossing No. 101 VY-17.87

San Fernando Road Bike Path Phase 11 - 8 - Amendment No.2 Construction and Maintenance Agreement

! I !MTAROW

(100')I II I

IIII

Ii'

./

o MTAROW(100')

BUREAU OF STREET SERVICES


ATTACHMENT B (Revision 1)

COST ESTIMATE OF ADDITIONAL RAILROAD WORK


Valley Subdivision

Description Amount

Original C&M Cost Estimate $3,172,600

Branford Design Costs

Agency Costs During Design $75,000

Signal Design $112,000

Flagging During Design $3,000

Design Subtotal $190,000

Branford Construction Costs

Agency Costs During Construction $85,000

Signal Construction $2,014,230

Track Construction $350,000

Construction Management $200,000

Construction Subtotal $2,649,230

Branford Crossing Cost Estimate $2,839,230

AMENDMENT 2 Cost Estimate $6,011,830



ATT ACHMENT C (Revision 1)

FUNDING SOURCE DETAILS


Valley Subdivision

Agency Total Total Fund Expiration Amount

Original C&M 80% initial Deposit N/A $2,538,080(Paid)

LADOT (Original) $3,172,600 53%$520,322(Paid)

Original C&M further payment N/A $114,19820%

(Outstanding)

LADOT Scannell Initial Deposit (Paid) N/A $75,000

$190,000 3%(Amendment 2) City of Los Angeles Deposit N/A $115,000

2012 Highway Rail Crossing2016 $1,324,615

SCRRA$2,649,230 44%

Safety Account(Amendment 2)

MTA Local Match N/A $1,324,615

Grand Total $6,011,830 $6,011,830


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