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22-0301_ORTIZ ENTERPRISES, INC._Agenda Report_E7City of San Juan Capistrano Agenda Report TO: Honorable Mayor and Members of the City Council FROM: Benjamin Siegel, City Manager SUBMITTED BY: Thomas Toman, Public Works Director PREPARED BY: Joe Parco, P.E., City Engineer Sam Penrod, Human Resources and Risk Manager George Alvarez, Project Manager DATE: March 1, 2022 SUBJECT: Award of Contract for Construction of Quiet Zone Improvements at Rancho Capistrano Crossing RECOMMENDATION: 1.Award a construction contract for Quiet Zone Improvements at the Rancho Capistrano Crossing to Ortiz Enterprises Inc., in the amount of $115,532; and, 2.Authorize the City Manager to execute the contract and approve change orders for a total contract increase amount not-to-exceed $11,500. EXECUTIVE SUMMARY: The next milestone to convert the private rail crossing at Rancho Capistrano to a public crossing is to construct Quiet Zone improvements, also known as Supplemental Safety Measures (SSMs), as required by the California Public Utilities Commission (CPUC). A location map of the Rancho Capistrano Crossing is included as Attachment 1. The proposed SSMs include raised medians, channelization and delineators, pavement striping, and traffic signage. SSMs are also required by the Federal Rail Administration (FRA) for Quiet Zone crossing designation (i.e., an exemption to the rule requiring trains to sound their horns when approaching public-highway rail crossings). In January 2022, informal bids were requested of contractors known to have qualifications and experience in the highly-regulated railroad right-of-way and the ability to meet 3/1/2022 E7 City Council Agenda Report March 1, 2022 Page 2 of 3 requirements of the Southern California Regional Rail Authority (SCRRA), which manages train operations. Only one bid was received, Ortiz Enterprises Inc., in the amount of $115,532. Ortiz Enterprises Inc. is well qualified for the proposed project, meets the SCRRA requirements, and has prior experience working within railroad right- of-way. Pending Council approval, it is anticipated that construction of the Quiet Zone Improvements (i.e., SSMs) will be completed by late Spring 2022. All costs associated with construction of the improvements will be reimbursed to the City by Saddleback Valley Community Church pursuant to a Deposit and Reimbursement Agreement approved by the City Council on September 4, 2018. Upon completion of improvements, the City will submit the necessary documents to the CPUC for final approval and acceptance of the new public crossing. Once the CPUC officially designates the crossing as “public,” an application to the FRA will be filed requesting the Quiet Zone designation. It is anticipated that the FRA review and approval process could take up to one year. Upon FRA approval (anticipated 2023), staff will seek City Council approval to execute a “Notice of Establishment of New Quiet Zone.” FISCAL IMPACT: There is no direct fiscal impact to the City associated with the recommended actions. As stated previously, Saddleback Valley Community Church will reimburse the City for all costs, including construction, contingencies, administration, and inspection of the proposed improvements. The estimated total cost for construction of the proposed Quiet Zone Improvements is $144,332. A cost breakdown is shown in the table below. Items Amounts Ortiz Enterprises Inc. Construction Contract $115,532 15% Contingency $11,500 10% Administration and Support Services $17,300 Total Project Cost $144,332 ENVIRONMENTAL IMPACT: The recommended action to approve construction of the Quiet Zone improvements is exempt from California Environmental Quality Act (CEQA) per Section 15601(b)(3), the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Approval of this construction contract is not an activity with potential to cause significant effect on the environment and is therefore exempt from CEQA. City Council Agenda Report March 1, 2022 Page 3 of 3 PRIOR CITY COUNCIL REVIEW: On September 4, 2018, the City Council approved a Deposit and Reimbursement Agreement with Saddleback Valley Community Church for a potential public Quiet Zone rail crossing. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: This action does not require commission, committee, or board review. NOTIFICATIONS: • Mike Recupero, President, Recupero and Associates • Anh Truong, Railroad Civil Engineer II, SCRRA • Howard Huie, Utilities Engineer - Rail Safety Division, CPUC • Gerard Reminiskey, Professional Associate, HDR • Andrew Lampkin, Contractor, Ortiz Enterprises Inc. • Jason Lee, Project Manager, Rail Capital Programs, Orange County Transportation Authority ATTACHMENTS: Attachment 1: Location Map Attachment 2: Proposed Construction Contract ATTACHMENT 2, PAGE 1 OF 3 ATTACHMENT 2, PAGE 2 OF 3 ATTACHMENT 2, PAGE 3 OF 3