HomeMy WebLinkAboutAgenda Report - April 2, 1997 (56)e
Y. CITYOFLODI COUNCIL COMMUNICATION
AGENDA TITLE: Lead Agency Agreement for Acquisition/Ownership/Construction of the Lodi
Multimodal Station Site and Resolution Supporting Stockton/Sacramento Rail Service
MEETING DATE: April 2, 1997
PREPARED BY: Public Works Director
RECOMMENDED ACTION: That the City Council authorize the Mayor to execute the attached
agreement with the San Joaquin Regional Rail Commission for the
acquisition/ownership/construction of the Lodi Multimodal Station site and
adopt the attached resolution supporting Stockton/Sacramento rail service.
BACKGROUND INFORMATION: The Lodi Multimodal Station project consists of the acquisition of
Southern Pacific Railroad (SP) property and the depot structure in
Downtown Lodi, and renovation of the site as a transit hub facility.
The project and site was identified in the Phase I San Joaquin
Stations Study which looked at rail station sites in Lodi, Tracy and Manteca and was further identified in
Lodi's Central City Revitalization Concept Plan as one of the key catalyst projects in Downtown.
Specifically, the property consists of the two half -blocks bounded by Oak Street, Sacramento Street,
Elm Street and the SP operating right of way, plus a narrow strip of land between Oak and Walnut
streets between the SP tracks and the tire store fronting Sacramento Street.
Phase II of the project consists of master site planning, environmental review and preliminary
engineering. This phase has been funded by Federal Transit funds and Measure K. The City has
certified the environmental document and it is presently being reviewed by Caltrans for submission to
the Federal government. The site plan was approved by the City Council on March 19, 1997.
Phase III of the project consists of site acquisition and is being funded with a Federal Transportation
Enhancement Activities Grant and Measure K funds.
Phase IV consists of final engineering and construction and is being funded primarily with State transit
funds, Measure K and a $200,000 City match.
The agreement specifies which agency (City/Rail Commission) will handle the various tasks necessary
to complete the project. There is no cost to the City for the Rail Commission's work. The City will own
and maintain the project upon completion.
FUNDING: None is needed at this time
Ja L. Ronsko
Pu is Works Director
Prepared by Richard C. Prima, Jr., City Engineer
Attachments
cc: City Attorney
Transportation Manager
San Joaquin Regional Rail Commission, Attn: Harry Montgomery
APPROVED:
H. Dixon Flynn -- City Manager
CLEADAGC.DOC % 0/24/97
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A-97-
2 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF LODI
3 AND THE SAN IOAQUIN REGIONAL RAIL COMMISSION
4 FORTHE ACQUISITION/OWNERSHIP/CONSTRUCTION
5 OF THE LODI MULTIMODAL STATION SITE
6 THIS AGREEMENT is made and entered into , by and between the CITY OF
7 LODI, a municipal corporation of the State of California, hereinafter referred to as "CITY"; and the
8 SAN JOAQUIN REGIONAL RAIL COMMISSION, a joint powers authority established under
9 California Government Code section 6500 et seq., hereinafter referred to as "COMMISSION"; both
10 collectively referred to as "PARTIES".
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WITNESSETH:
12 WHEREAS, CITY and COMMISSION desire to enter into a cooperative AGREEMENT for
,3 transportation improvements eligible as Site Acquisition, Final Engineering and Construction which
14 make up Phase III and Phase IV of the development of the Lodi Multimodal Station, hereinafter
15 referred to as "PROJECT"; and
16 WHEREAS, the Transit Capital Improvement Program (TCI), the Transportation Enhancement
17 Activity Program (TEA), the Rail Transportation Bond Act Initiative Statute (Prop. 116), the San
18 Joaquin County Local Transportation Improvement Plan and Ordinance (Measure K''/z cent local sales
19 tax) and Other Funding to be provided by the City of Lodi have been programmed for the site
20 acquisition, final engineering and construction of the PROJECT (Phases III and IV); and
21 WHEREAS, COMMISSION as created under a Joint Powers Agreement, and by virtue of
22 California Public Utilities Code Sections 99234.9 and 99400, possesses the authority to file claims with
?3 the Local Transportation Authority (the San Joaquin County Council Of Governments) for rail
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1 passenger service operation expenditures, including construction and maintenance of intermodal
2 transportation facilities; and
3 WHEREAS, the COMMISSION has agreed to have the CITY acquire the PROJECT site
4 (Phase III) and the COMMISSION plans to award contracts for final engineering and construction of
5 the PROJECT (Phase IV); and
6 WHEREAS, PARTIES have determined that the most effective and efficient manner to
7 complete said PROJECT is to enter into AGREEMENT with COMMISSION to perform Project
8 Management activities;
9 NOW, THEREFORE, the parties hereto mutually agree as follows:
10 1. This AGREEMENT is fully comprised of these terms and the attached Exhibit A, "Scope of
11 Work", describing the PROJECT scope of work which is incorporated herein by this
12 reference.
13 II. COMMISSION shall recruit and evaluate Consultants for Final Engineering (Phase IV) in
14 accordance with an RFP prepared by the COMMISSION and reviewed by the CITY.
15 III, COMMISSION shall act as the PROJECT MANAGER for the PROJECT herein described and
16 shall perform all Project Management duties, including; oversight of Consultant work, review
17 of Consultant progress and invoices, endorsement of payments and preparation of progress
18 and final reports necessary to comply with Measure K and California Transportation
19 Commission (CTC) funding requirements. COMMISSION shall deliver PROJECT in a
20 manner consistent with Exhibit A.
21 IV. COMMISSION agrees to conduct all necessary meetings with CITY, COMMISSION and
22 Consultant to kept CITY informed on PROJECT progress, obtain CITY approval as needed
23 per Exhibit A and maintain PROJECT schedule.
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11 VIII
COMMISSION shall provide to CITY written monthly reports which specify major PROJECT
task work completed since the last reporting period and any technical working documents
completed during the reporting period.
COMMISSION shall maintain all records relating to expenses incurred in performance of this
AGREEMENT. For the duration of this PROJECT and for four (4) years following the
completion of PROJECT, or earlier discharge of the AGREEMENT, COMMISSION will make
available to CITY all records relating to expenses incurred in performance of this
AGREEMENT.
CITY and COMMISSION agree that, once acquired, the PROJECT site and improvements
shall be owned and maintained by the CITY.
The CITY shall be responsible for construction inspection, operation and maintenance of the
12 PROJECT.
13 IX. The PARTIES assure reciprocal indemnification to the other PARTY. Neither PARTY nor any
14 elected official, agent, officer or employee thereof, shall be responsible for, and each PARTY
15 shall fully indemnify and hold harmless the other'PARTY against, any damage, injury or liability
16 occurring by reason of anything done or omitted to be done by either PARTY under or in
17 connection with any work, authority or jurisdiction delegated to either PARTY under this
18 AGREEMENT.
19 X. COMMISSION warrants to CITY that the Consultant or Consultants for the PROJECT will be
20 required to carry sufficient Professional Negligence and General Liability Insurance to protect
21 COMMISSION and CITY against claims of every nature arising out of the completion of said
22 PROJECT.
73 XI. If, for any reason, sufficient funds are not appropriated to complete the PROJECT, the CITY
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and COMMISSION shall consult on a course of action. If, after twenty-five (25) working days,
a course of action is not agreed upon by the PARTIES, this AGREEMENT shall be deemed
terminated by mutual or joint consent. Any future obligation of the PROJECT, not already
specifically covered by a separate executed Agreement, shall arise only upon execution of a
new Agreement. In addition, the AGREEMENT is subject to any additional restrictions,
limitations or conditions enacted by the State Legislature or any statute enacted by the
Legislature that may affect the provisions, terms or funding of the contract in any manner.
The PARTIES mutually agree that, if the project becomes subject to additional restrictions,
limitations or conditions, the AGREEMENT shall be amended to reflect any all changes.
XII. The PARTIES agree that time is and shall be of the essence of this AGREEMENT and each
and all of its provisions in which performance is a factor.
XIII. The PARTIES agree that this AGREEMENT may not be assigned, transferred, hypothecated,
or pledged without the express written consent of the other party.
XIV. Waiver
In the event that either COMMISSION or CITY shall at any time or times waive any breach
of this AGREEMENT by the other, such waiver shall not constitute a waiver or any other or
succeeding breach of this AGREEMENT, whether of the same or any other covenant,
condition or obligation.
XV. Choice of Law
This AGREEMENT shall be governed by the laws of the State of California,
XVI, Notice
Except as otherwise expressly provided by law, any and all notices or other communication
required or permitted by this AGREEMENT or by law to be served on or delivered or given
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I to a parry by another party to this AGREEMENT shall be in writing, and shall be deemed duly
2 served, given, or delivered when personally delivered to the party to whom it is directed or,
3 in lieu of such personal service, two (2) days after such written notice is deposited in the
4 United States mail, First Class, postage prepaid, addressed to the party at the address
5 identified for that part in this AGREEMENT. Any party may change their address for the
6 purpose of this Paragraph by giving written notice of such change to each other party in the
7 manner provided in this Paragraph.
8 Notices required hereunder shall be given to:
9 COMMISSION CITY
10 Henry M. Hirata H. Dixon Flynn
11 Executive Director City Manager
12 San Joaquin Regional City Hall
13 Rail Commission 221 West Pine Street
14 1810 E. Hazelton Avenue. Lodi, CA 95240
15 Stockton, CA 95205
16 XVII. Integrated Agreement, Future Amendments
17 This AGREEMENT contains all of the agreements and warranties of the PARTIES with respect
18 to any matter covered or mentioned in this AGREEMENT. No prior agreements,
19 arrangements, or understandings pertaining to such matters shall be effective for any purpose.
20 IN WITNESS WHEREOF, the PARTIES hereto have caused these presents to be executed
21 the day and year first above written.
A
"COMMISSION"
SAN JOAQUIN REGIONAL
RAIL COMMISSION,
a Joint Powers Authority established
under California Government Code
section 6500 et seq.
By
ROBERT J, CABRAL
Chairman
ATTEST:
By
HENRY M. HIRATA
Executive Director
APPROVED AS TO FORM:
By
JOHN STOVALL
Counsel
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"CITY"
LZ
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PHILLIP PENNING
Mayor
JENNIFER M. PERRIN
City Clerk
RANDALL A. HAYS
City Attorney
EXHIBIT A
"Scope of `York"
Lodi Multimodal Station Project
PHASE III
Phase III of the development of the Lodi Multimodal Station (PROJECT) is the acquisition of the
site. Phase IV of the PROJECT is the Final Engineering and Construction of the PROJECT.
Completion of Phases III and IV are a cooperative effort of the City of Lodi (CITY) and the San
Joaquin Regional Rail Commission (COMMISSION).
The CITY has obtained a right -of -entry, for Phase II Hazardous Materials Testing, to the project
site from the Southern Pacific Real Estate Enterprises (SPREE). One condition of the right -of -
entry was that the CITY would file a stipulated court judgement as part of the site acquisition.
The COMMISSION has hired appraisers, and will obtain a right -of -entry, for Phase II Hazardous
Materials Testing, to the project site from the Southern Pacific Real Estate Enterprises (SPREE).
One condition of the right -of -entry will be that the COMMISSION agrees to file a stipulated
court judgement as part of the site acquisition.
Two appraisals for the PROJECT site have been completed. The Phase II Hazardous Materials
Report for the PROJECT site will be finalized in the near future. Phase III funding consists of
$528,000 from Transportation Enhancement Activity (TEA) and S 132,000 from Measure K ('h
cent local sales tax).
The CITY and the CONIMISSION tasks are:
1. CITY
a. File stipulated judgement.
b. Handle site acquisition.
2. COMMISSION
a. Work with Consultant to obtain State Historic Preservation Officer (SHPO) approval and
Memorandum of Agreement (MOA) for the PROJECT.
Obtain National Environmental Protection Act (NEPA) approval from the Federal
Highway Administration (FHWA).
C. File necessary paper work with the State for the release of the TEA funds.
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EXHIBIT A (Continued)
Phase IV
The PROJECT includes moving the existing Southern Pacific Passenger Depot from its present
location north of Pine Street to south of Pine Street, all within the property being acquired in
Phase III, construction of parking, landscaping, etc. Phase IV -A is the final engineering for the
constriction of the PROJECT. Phase IV -B is the actual construction of the PROJECT.
Phase IV funding consists of $449,800 Measure K ('/a cent local sales tax), $250,000 Rail
Transportation Bond Act Initiative Statute (Prop. 116), $1,050,400 Transit Capital Improvement
Program (TCI), and $199,800 Other (to be provided by CITY) for a total of $1,980,000.
The CITY and the COMMISSION hereby agree to the following:
1. CITY
Review and comment on RFP for Phase IV -A. Provide a member to serve on the Phase
IV -A Consultant Selection Committee.
Sign/approve the construction plans for the PROJECT.
Provide construction inspector during the construction of the PROJECT.
d. CITY shall interpret construction plans and answer questions concerning plans and
specifications arising during the construction of the PROJECT.
Keep COMMISSION informed of constriction progress. Prior to executing any contract
change orders, the CITY shall obtain approval for same from the COMMISSION.
f Review and forward to COMMISSION forms for payment to contractor for work on
Phase IV -B of the PROJECT.
2. COMMISSION
a. Prepare RFP for Final Engineering (Phase IV -A) for the PROJECT. Send copy of RFP to
CITY for comment and approval. Circulate RFP and hold consultant interviews.
b. File Rail Allocation Request with the California Transportation Commission (CTC) for
Phase IV work.
Award contract to Consultant for Phase IV -A work on the PROJECT and handle
payments to Consultant. The Construction Plans and Specifications shall be prepared and
signed by the Consultant in accordance with the approved scope of services and the City's
design standards. Consultant deliverables are: Submittal of 50%, 90% and final design of
the Construction Plans, Specifications, and Engineer's Cost Estimate; Consultant shall be
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EXHIBIT A (Continued)
available during construction of the PROJECT to interpret the plans and specifications;
and, all design submittals shall be routed through the Consultant for approval.
d. Submit 50%, 90% and final construction plans, specifications, and engineers cost estimate
to the CITY for approval.
C. Call for construction bids and award construction contract.
f. Process payments for contractor(s) constructing the PROJECT.
g. File necessary documents for Measure K and TCI reimbursements.
SdModi-ev wpd
RESOLUTION NO. 97-42
A RESOLUTION OF THE LODI CITY COUNCIL
SUPPORTING THE EXTENSION OF THE SAN JOAQUINS
INTERCITY RAIL SERVICE BETWEEN STOCKTON AND SACRAMENTO
AND SERVING THE HISTORIC DOWNTOWN RAIL DEPOTS
IN THE CITIES OF STOCKTON AND LODI
WHEREAS, local agencies in San Joaquin County have worked for years to
develop multimodal stations along the former Southern Pacific alignment, to serve the
extension of the SAN JOAQUINS to Sacramento; and
WHEREAS, the City of Lodi has contributed local funding toward the
rehabilitation and re -use of the historic Lodi Rail Depot as a multimodal station on the
former Southern Pacific alignment; and
WHEREAS, the City of Lodi is completing an $8 million Central City
Revitalization project, which incorporates improvements adjacent to the planned
multimodal station; and
WHEREAS, the planned downtown multimodal station in the cities of Lodi and
Stockton will be served by a variety of transportation options in addition to intercity rail
service and allow greater mobility for the citizens of San Joaquin County; and
WHEREAS, in 1990, the Los Angeles -Fresno -Bay Area/Sacramento High Speed
Rail Corridor Study Group (AB 971) recommended that direct rail service be implemented
between Stockton and Sacramento as a near-term incremental improvement of the SAN
JOAQUINs; and
WHEREAS, the extension of the SAN JOAQUINS to Sacramento along the former
Southern Pacific alignment has been identified as the highest priority of the Steering
Committee of Caltrans' Rail Task Force since 1987; and
WHEREAS, the California High Speed Rail Study analyzed urban and rural
alignments for the statewide rail system and determined that the corridors serving the
population centers provided the greatest benefit to the residents of California; and
WHEREAS, capital funding for the extension of the SAN JOAQUINS to
Sacramento has been programmed from Proposition 116 funds; and
WHEREAS, $2.2 million has been identified in the state budget toward the
operation of Intercity Rail Service between Stockton and Sacramento; and
WHEREAS, the extension of the SAN JOAQUINS to Sacramento will complete a
major gap in connecting the major economic centers of Northern California by passenger
rail service.
NOW THEREFORE BE IT RESOLVED that the City of Lodi will work with local,
regional and state agencies to ensure the extension of the SAN JOAQUINS to Sacramento,
along the former Southern Pacific alignment.
Dated: January 15, 1997
I hereby certify that Resolution No. 97-42 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held April 2, 1997 by the following vote:
AYES: COUNCIL MEMBERS -
NOES: COUNCIL MEMBERS -
ABSENT: COUNCIL MEMBERS -
ABSTAIN: COUNCIL MEMBERS -
JENNIFER M. PERRIN
City Clerk
97-42