1994-0301_BOYLE ENGINEERING CORPORATION_D5_Agenda Report AGENDA ITEM March 1, 1994
TO: George Scarborough, City Manager
FROM: William M. Huber, Director of Engineering & Building
SUBJECT: San Juan Creek Railroad Realignment - Right-of-Way Acquisition
Services Agreement Extension (Boyle Engineering)
RECOMMENDATION
By motion, approve the Agreement Extension with Boyle Engineering Corp. for Right-of-
Way Acquisition Services for the San Juan Creek Railroad Realignment Project and
authorize the Mayor to sign this Agreement.
SITUATION
A. Summary and Recommendation
The City Council approved an agreement with Boyle Engineering at the December
15, 1992 meeting for Right-of-Way Acquisition Services for the San Juan Creek
Railroad Realignment Project at a not-to-exceed fee of $42,500. This has been
increased by $3,600 for additional boundary work on the existing railroad parcel by
administrative action.
Staff is recommending a further fee increase of $15,000 in this contract at this time
to a total fee of $61,100.
B. Background
Since 1985, the Community Redevelopment Agency and the City have been working
with the National Railroad Passenger Corporation (Amtrak), the State of California
(Caltrans), the Atchison, Topeka & Santa Fe Railway Co. (Santa Fe), the Orange
County Flood Control District (OCFCD) and, more recently, the Southern California
Regional Rail Authority (SCRRA), Metrolink and Orange County Transportation
Authority (OCTA) on a project to construct a new railroad bridge over San Juan
Creek. This project is of benefit to the community as it will allow for the future
widening of Camino Capistrano to ultimate width, improve the development
potential of land which is presently under-utilized and relatively inaccessible and
will decrease the running time of passenger trains along the Los Angeles-San Diego
Corridor thus assisting in the addition of passenger trains to service this area.
In April, 1987, the City, Amtrak and Caltrans entered into a tri-party agreement
which spelled out the responsibilities of each relative to this project. Amtrak and
Caltrans agreed to contribute $1,200,000 to fund design of the project and the City
agreed to pursue additional funding for construction. Additionally, the Community
Redevelopment Agency agreed to be responsible for acquiring the necessary right-
of-way and for negotiating a right-of-way exchange directly with Santa Fe, although
the ownership of Santa Fe right-of-way has now passed to OCTA.
FOR CITY COUNCIL AGEND 315
AGENDAITEM • •
March 1, 1994
Page 2
Since the agreement was entered into in 1987, the City has been successful in
securing additional funds to assist in this project. The City obtained additional
matching funds from Caltrans under Contract 75Q749 and has funds on deposit for
this project with the Orange County Transportation Authority.
At the June 5, 1990 meeting, the Community Redevelopment Agency Board of
Directors approved an agreement with Boyle Engineering for the completion of the
engineering design services for the San Juan Creek Railroad Bridge Project. This
contract is still in place with completion now expected by September 1994.
In May, 1991, a new tri-party agreement, titled Fourth Amendment to Agreement to
Provide for Construction of Track Realignment and Rail Bridge Construction at San
Juan Creek in San Juan Capistrano, California, Contract 64G188, was executed and
continued the intent of the project as established in the 1987 agreement. Caltrans
agreed to provide the bulk of the funding for the design work, the City serves as
project manager and the City continues to assume responsibility for acquiring and
exchanging the necessary rail right-of-way. Funding through this contract is now
completed.
As the project involves separate private interests and several government
organizations, some of which are only recently created, project progress has been
slow from time-to-time. Even so, good progress is being made.
In December 1992, the City Council approved an agreement with Boyle Engineering
for Right-of-Way Acquisition Services at a not-to-exceed fee of $42,500.
City Staff administratively increased the not-to-exceed fee by $3,600 to $46,100 to
cover additional boundary work on the existing railroad parcel.
Continued negotiations with OCTA have occurred. This has resulted in request for
additional costs of $15,000 and an extension of time from June 30, 1994 to
December 31, 1994.
COMMISSION/BOARD REVIEW, RECOMMENDATIONS
N/A
FINANCIAL CONSIDERATIONS
Funds for this project are budgeted in Account No. 12-63500-4703-126. Funding is
reimbursable by Caltrans under Contract 75Q749 with a 50% match from funds on
deposit with OCTA.
NOTIFICATION
Tom Boyd, Boyle Engineering Corp.
Ken Galt, Caltrans, Sacramento
John Catoe, OCTA
AGENDA ITEM • •
March 1, 1994
Page 3
ALTERNATE ACTIONS
1. Approve the Agreement Extension with Boyle Engineering Corp. for Right-of-Way
Acquisition Services for the San Juan Creek Railroad Realignment Project and
authorize the Mayor to sign this Agreement.
2. Approve a modified agreement revision with Boyle Engineering Corp. and authorize
the Mayor to sign this Agreement.
3. Request more information from Staff.
RECOMMENDATION
By motion, approve the Agreement Extension with Boyle Engineering Corp. for Right-of-
Way Acquisition Services for the San Juan Creek Railroad Realignment Project and
authorize the Mayor to sign this Agreement.
Respectfully submitted, Prepared by,
William M. Huber, P.E. Brian Perry, P.E., Project Manager
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Attachments: Agreement Extension �/