Art3_Rialto_FY17_BikePed_CedarXing_SCRRA Agreement Amendment_No._1AMENDMENT NO. 1
CONSTRUCTION AND MAINTENANCE
AGREEMENT
for
CEDAR AVE
BETWEEN
SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY
AND THE
CITY OF RIALTO
COVERING THE
HIGHWAY-RAIL AT GRADE CROSSING
AT
SCRRA MILE POST 51.44 - SAN GABRIEL SUBDIVISION
US DOT NO.: 026140C CPUC NO.: 101SG-51.44
IN
RIALTO,
SAN BERNARDINO COUNTY,
CALIFORNIA
DocuSign Envelope ID: CABAEEA5-5FB4-49D3-AFE9-96EC4B9180FF
SCRRA Folder No.: S0000106
SCRRA Project No.: 860851
Amendment No. 1
Construction and Maintenance Agreement
for
CEDAR AVE
CPUC No. 101SG-51.44
DOT No.: 026140C
SCRRA MILE POST 51.44 - SAN GABRIEL SUBDIVISION
RIALTO,
SAN BERNARDINO COUNTY,
CALIFORNIA
THIS Amendment No. 1 (“AMENDMENT NO. 1”) to the Construction and Maintenance
Agreement for Cedar Ave, effective September 4, 2018, hereinafter referred to as (“C&M
AGREEMENT”) is made and entered into as of the __________ day of __________, 202___, 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, CA 90017 and the
CITY OF RIALTO, a general law city and municipal corporation duly organized and existing
under the laws of the State of California (hereinafter referred to as “CITY”), to be addressed at
335 W. Rialto Avenue, Rialto, CA 92376. SCRRA and the CITY may be referred to singly as
“PARTY” and collectively as “PARTIES.”
DocuSign Envelope ID: CABAEEA5-5FB4-49D3-AFE9-96EC4B9180FF
22nd 3December
RECITALS:
Whereas, by C&M AGREEMENT, SCRRA and the CITY entered into an Agreement for the
CITY to construct, maintain and operate Cedar Ave crossing enhancements.
Whereas, the CITY has requested SCRRA to complete the civil scope of work on the behalf of the
CITY.
Therefore, it has been agreed that the C&M AGREEMENT will be amended in this
AMENDMENT NO. 1.
AGREEMENT
NOW, THEREFORE, it is mutually agreed by and between the PARTIES hereto as follows:
Amend ARTICLE 8 – SCOPE OF WORK AND ESTIMATE BY SCRRA, Page 8 of 19,
Delete paragraph 8.1 in full and in lieu thereof insert,
8.1 The RAILROAD WORK to be performed by SCRRA, at the CITY's sole cost and expense,
is described in Exhibit D-2 – SCRRA Scope of Work and Estimate, dated November 16, 2023 in
the amount of $675,000.00. The estimate includes flagging and other protective and support
services incurred by SCRRA for the SCRRA Scope of Work.
Amend ARTICLE 13 – PAYMENT FOR SCRRA WORK, Page 13 of 19,
Delete paragraph 13.1 in full and in lieu thereof insert,
13.1 Upon the execution of this AGREEMENT, the CITY shall deposit 100% of the amount of
the estimate contained in Exhibit D-2 – SCRRA Scope of Work and Estimate with SCRRA.
During the construction of the PROJECT, SCRRA will send CITY quarterly progress statements
detailing the costs of the RAILROAD WORK performed by SCRRA under this AGREEMENT.
DocuSign Envelope ID: CABAEEA5-5FB4-49D3-AFE9-96EC4B9180FF
If at any time, the actual cost, including the estimated allocated overhead, exceeds eighty percent
(80%) of the amount deposited by the CITY, SCRRA shall, at its sole discretion, revise its
estimates of the amount of RAILROAD WORK remaining, and the CITY shall deposit any
additional amounts in excess of the original deposit with SCRRA. Upon the execution of this
AMENDMENT NO 1, the CITY shall deposit $98,078.00 of the amount of the estimate contained
in Exhibit D-2 – SCRRA Scope of Work and Estimate with SCRRA, which brings the deposit to
100% of the estimate.
Delete paragraph 13.3 in full and in lieu thereof insert,
13.3 CITY acknowledges that the SCRRA Estimate contained in Exhibit D-2 includes the
flagging or other protective service costs provided by SCRRA that are to be paid by CITY in
connection with the SCRRA WORK.
Amend EXHIBIT D-1 – SCOPE OF WORK BY CITY
Delete Exhibit D-1 in full and in lieu thereof insert,
DocuSign Envelope ID: CABAEEA5-5FB4-49D3-AFE9-96EC4B9180FF
EXHIBIT D-1
To Construction and Maintenance Agreement
for
CEDAR AVE
Cover Sheet for the
CITY Scope of Work
“CITY WORK”
DocuSign Envelope ID: CABAEEA5-5FB4-49D3-AFE9-96EC4B9180FF
EXHIBIT D-1
CITY Scope of Work
CITY Scope of Work:
1) Relocate any non-SCRRA utilities
DocuSign Envelope ID: CABAEEA5-5FB4-49D3-AFE9-96EC4B9180FF
Amend EXHIBIT D-2 – SCOPE OF WORK AND ESTIMATE BY SCRRA
Delete Exhibit D-2 in full and in lieu thereof insert,
EXHIBIT D-2
To Construction and Maintenance Agreement
for
CEDAR AVE
Cover Sheet for the
SCRRA Scope of Work and Estimate
“RAILROAD WORK”
DocuSign Envelope ID: CABAEEA5-5FB4-49D3-AFE9-96EC4B9180FF
EXHIBIT D-2
SCRRA Scope of Work and Estimate
SCRRA Scope of Work:
1) Install Signal equipment
2) Adjust/relocate existing Railroad Signal related pullboxes
3) Remove backlight on median-mounted CPUC Standard No. 9.
4) Install pedestrian gate and foundation, adjust existing vehicle gate if necessary
5) Install railroad Emergency Notification Sign on north pedestrian gate
6) Install two (2) sets of additional ADA compliant crossing panels on east side of crossing
7) Replace two (2) set of existing concrete crossing panels with ADA compliant concrete crossing
panels
8) Replace 6 existing damaged field-side concrete crossing panels on the existing crossing
9) Install ballast for maintenance driveway
10) Make necessary changes to SCRRA’s PTC System, including testing and implementation of revised
subdivision files
11) Construct curb and gutter, driveways, and sidewalk
12) Construct handrail
13) Construct emergency swing gates with required signage
Note: Pedestrian gate arm cannot be installed until emergency exit sign is installed on emergency
swing gate
14) Install warning pavers
15) Install/relocate all signage except railroad Emergency Notification Signs
16) Install pedestrian barricades with appropriate signage
DocuSign Envelope ID: CABAEEA5-5FB4-49D3-AFE9-96EC4B9180FF
17) Install/refresh striping and raised pavement markers; traffic and pedestrian
18) Construct ROW fencing and maintenance access gates
19) Remove and reconstruct grouted rip rap
20) Rough grade maintenance access road
21) Construct riprap around existing storm drain system
22) Install asphalt concrete pavement around concrete crossing panels, including ramp ends
DocuSign Envelope ID: CABAEEA5-5FB4-49D3-AFE9-96EC4B9180FF
SCRRA Estimate:
DocuSign Envelope ID: CABAEEA5-5FB4-49D3-AFE9-96EC4B9180FF
IN WITNESS WHEREOF, the PARTIES have caused this AMENDMENT NO. 1 to be duly
executed in by their duly qualified and authorized officials.
SOUTHERN CALIFORNIA REGIONAL CITY OF RIALTO
RAIL AUTHORITY
By: ________________________________ By: ______________________________
Darren M. Kettle Henry Garcia
Chief Executive Officer Interim City Manager
Date: ________________________________ Date: _______________________________
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: ______________________________ By: ______________________________
Don O. Del Rio Eric Vail
SCRRA General Counsel City Attorney
Date: ________________________________ Date: _______________________________
Darren M. Kettle
Digitally signed by Darren M.
Kettle
Date: 2023.12.19 14:14:32
-08'00'
Don O. Del Rio
Digitally signed by Don O. Del
Rio
Date: 2023.12.15 09:41:05
-08'00'
DocuSign Envelope ID: CABAEEA5-5FB4-49D3-AFE9-96EC4B9180FF
December 21, 2023
December 22, 2023