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
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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