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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 �f WMH/BP:ssg -- Attachments: Agreement Extension �/