1987-0428_CALIF DEPT OF TRANSPORTATION_AgreementSTA L9 .'.iI`A
STANDARD AGREEMENT— APPROVEDTTORNBY THEGENER Page 1 of 2
ATTORNEY OENERAI coNrnAcr NUMBER AM.No.
Sit). P (REVS 911 4G188 AS
TAXPAYERS FEDERAL EMPLOYER IDENTIFICATION NUMBER
THIS AGREEMENT, made and entered into this 10th day of December 19_912 SZ — 0 4 f m ev S 3
in the State of California, by and between State of California, through its duly elected or appointed, qualified and acting
TITLE OF OFFICER ACTINO FOR STATE AGENCY
Director I Transportation
, hereafter called the State, and
National Railroad Passenger Corporation (AMTRAK) , hereafter called the Contractor.
WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State hereinafter expressed,
does hereby agree to furnish to the State services and materials as follows: (Set jorth service to be rendered by Contractor, amount to be paid Contractor,
tient for performance or completion, and attach plans and specifications, if any.)
The entire agreement is set forth on the attached page.
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Cati'kot
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Guao�er
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Cfr��hd �u
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CONTINUED ON SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER.
The provisions on the reverse side hereof constitute a pan of this agreement
IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written.
STATE OF CALIFORNIA
CONTRACTOR
AGENCY
CONTRACTOR(Na"wilw,MkWhid" -1aWM0 aampmab... ,Nc.)
BY (AUTHORIZED SIGNATURE)
BY (AUTHORIZED SxtNA7110E)
D
D
PRINTED NAME OF PERSON SIGN
PRINTED NAME AND TITLE OF SIGNING
TITLE
ADDRESS
AMOUNT ENCUMBERED SY TMS
PROGRAMICATEOORY (CODE AND TITLE)
FUNO TITLE
ospariment of General Services
DOCUMENT
Transportation
TP&D
use only
(OPTIONAL USE)
PRIOR AMOUNT ENCUMBERED FOR
-5,q&-14J �j�6A'
V -
THIS CONTRACT
ITEM
2660-
CHAPTER
STATUTE
X19
FISCALYEAR
elAz
$ 0E
Exempt fro Dept. o
General Services
TOTAL AMOUNT ENCUMBERED TO
OBJECT OF E%PENDITURE (CODE MID TITLE)
DATE
$
64140-995203-34123-6040
1 hereby car* upon my own personal kwwWgo Mat budgeted NrMs T.B.A. NO.
B.R. NO.
are available for the period and purpose of Mee stated above.
3 OF ACCOUNTNGOFFICER
DATE
p
A J
3 o1S'
F-1CONTRACTORr STATE AGENCY DEPT.OFGEN.SER. CONTROLLER 11
Contract 64G188
Amendment 5
Sheet 2 of 2
NATIONAL RAILROAD PASSENGER CORPORATION
AND
CITY OF SAN JUAN CAPISTRANO
AND
THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION
The original contract #64-778, dated April 20th, 1982; the first amendment to #64-
778, dated June 29,1984; the second amendment to contract #64-777, dated June
25,1985; the third amendment to contract #64G188, dated April 28,1987; and the
fourth amendment to #64G188, dated June 28, 1990 are hereby amended by the
fifth amendment as follows:
The period of performance - Item 13 in the original document, Item 1 in the first
amendment, Item 13 in the second amendment, Item 4 in the third amendment,
Item 7 in the fourth amendment shall read:
Time is of the essence and the prior scheduled completion date for Final
Plans, Specifications and Estimates (PS&E) is extended to March 31,1994,
unless extended by supplemental agreement.
ALL OTHER ITERATIONS, TERMS AND CONDITIONS OF THE CONTRACT
REMAIN IN FULL FORCE AND EFFECT.
IN WITNESS WHEREOF, the parties hereto have caused this fifth amendatory
agreement to be executed by thier duly authorized officers in multiple original
counterparts effective on the day and year first -above written.
STATE OF CALIFORNIA
DEP E TRANSPORTATION
By �
ROBERT DENNIS
Departmental Contract Officer
'President
Public Affairs
CITY OESsAMJ,LTAN CAP TRANO
Mayor
*TRACT 64G188
Amendment 4
June 28, 1990
Page 1 of 8
NATIONAL RAILROAD PASSENGER CORPORATION
AND
CITY OF SAN JUAN CAPISTRANO
AND
THE STATE OF CALIFORNIA
Fourth Amendment to Agreement to Provide for Construction of Track
Realignment and Rail Bridge Construction at San Juan Creek in San Juan
Capistrano, California.
The Fourth Amendment is made as of the 28th day of June, 1990, by and among
the National Railroad Passenger Corporation, a corporation organized under
the Rail Passenger Service Act and the laws of the District of Columbia, and
having its principal office and place of business in Washington, D.C.
(hereinafter referred to as "Amtrak"), and the State of California, acting by and
through its Department of Transportation (hereinafter referred to as "the
State"), and the City of San Juan Capistrano (hereinafter referred to as "the
City") as a party to the existing agreement between Amtrak and the State
providing for realignment of track at San Juan Creek in San Juan Capistrano,
California on right-of-way owned and operated by the Atchison, Topeka and
Santa Fe Railway (hereinafter referred to as "Santa Fe").
WHEREAS, Amtrak, the State and the City are parties to the third Amendment
dated April 28,1987; and
WHEREAS, the performance completion date of the third Amendment will
expire June 30, 1990; and
WHEREAS, the parties desire to amend the project plan to include the future
capability to double -track the rail line and new rail bridge, and include the City
and other agencies' projects: widening Camino Capistrano, improvements
. ATRACT 64G188
Amendment 4
June 28, 1990
Page 2 of 8
to Trabuco and San Juan Creeks, private land grading and development, utilities,
lighting, signals, and bike pathway; and
WHEREAS, the State has a trust deposit fund with Amtrak, and the City has
obtained various fund sources; and
WHEREAS, the City has entered into a Design Contract with their Engineering
Consultant (CONSULTANT) to provide the Plans, Specifications, and Estimates
for the various projects in the rail project vicinity; and
WHEREAS, the realigned track and new bridge will be located outside the
existing Santa Fe right of way, and
WHEREAS, the City is solely responsible for acquiring and exchanging the
necessary rail right of way directly with Santa Fe and other property owners.
NOW, THEREFORE, in consideration of the mutual covenants herein
contained, the parties hereto agree as follows:
1. City agrees to administer a Design Contract with CONSULTANT.
City will forward CONSULTANT's itemized invoices separating State
and City's cost shares by task item as detailed in EXHIBIT A.
2. The City agrees to pay its share of Design costs as shown in EXHIBIT A,
which serves as the budget for this contract.
3. The State agrees to direct Amtrak within five days upon receipt of an acceptable
itemized invoice from the City, payment from the State's trust deposit fund.
4. Amtrak agrees to transfer the payment to City expeditiously upon State's
written request, accompanied by a copy of City's invoice.
• M1TRACT 64G188
Amendment 4
June 28, 1990
Page 3 of 8
5. CITY agrees to pay the City's CONSULTANT for City's share of the
itemized invoice, and separate payment for the State's share as previously
invoiced.
6. The City agrees to send a copy of each CONSULTANT "Task" document
(if any) to State upon completion of the task.
7. Time is of the essence and the prior scheduled completion date for Final
Plans, Specifications and Estimates (P,S,& E) is extended to June 30, 1993.
8. Upon completion of approved P,S, & E, the City agrees to deliver one copy
of the CONSULTANT's "Milestone 1100 - Contract Documents" as the
final product of this contract. Final payment is contingent upon receipt of
acceptable PS&E. After receipt of the Final Plans, Specifications and
Estimate documents, all parties agree to work cooperatively towards
developing and financing a plan for the construction phases.
9. The maximum amount obligated by State is $1,040,678, as summarized in
Exhibit A. Expenditures greater than five percent above the budgeted work
item costs, require written approval from State. The State is not responsible
for additional costs incurred which exceed the State's maximum obligation
hereunder.
10. The City may stop work on the project 30 days after giving written notice to
State and Amtrak that available funds under this agreement are insufficient
to complete P,S, & E.
11. Exhibit B is a "CURRENT FUNDING AVAILABILITY PLAN". This exhibit
summarizes budgeted design costs and current funds available for the
projects.
• CT 64G188
Amendment 4
June 28, 1990
Page 4 of 8
12. The quarterly reports, maps, and other documents or materials prepared in
connection with the projects and funded in whole or in part by the State,
shall contain a standard notice that the materials were prepared in part
under a grant provided by the State. State shall have unrestricted authority
to publish, disclose, distributed and otherwise use in whole or in part such
documents. In addition, no material prepared in connection with the projects
shall be subject to copyright in the United States or any other country.
13. The City certifies compliance with California Government Code Section 8355
in matters relating to providing a drug-free workplace. The contractor will:
Publish a statement notifying employees that unlawful manufacture,
distribution, dispensation, possession, or use of a controlled substance is
prohibited and specifying actions to be taken against employees for
violations, as required by Government Code Section 8355(a).
Establish a Drug -Free Awareness Program as required by Government Code
Section 8355(b), to inform employees about all of the following:
(a) The dangers of drug abuse in the workplace,
(b) The person's or organization's policy of maintaining a drug-free
workplace,
(c) Available counseling, rehabilitation and employee assistance
programs, and
(d) Penalties that may be imposed upon employees for drug abuse
violations.
Provide as required by Government Code Section 8355(c), that every
employee who works on the proposed contract or grant:
(a) Will receive a copy of the company's drug-free policy statement, and
(b) Will agree to abide by terms of the company's statement as a condition
of employment on the contract or grant.
•
&TRACT 64G188
Amendment 4
June 28,1990
Page 5 of 8
IN WITNESS WHEREOF, the parties hereto have caused this Fourth Amendatory
Agreement to be executed by their duly authorized officers in multiple original
counterparts effective on the day and year first -above written.
. .�, �.
VIA/��ii, �[..'I"
STATE OF CALIFORNIA
By: 4e4✓ 4 Z,,�
Caltrans Contract Officer
DEBORAH VAUGHN
HEADQUARTERS CONTRACT OFFICER
CITY OF SAN JUAN CAPISTRANO
By���- ` z, -
San Juan Capistrano Mayor Kenneth E. Friess
ATTEST:
City Clerk
oh. - Owl Ad -Affil -.i I
San Juan Capistrano Attorney
Caltrans Attorney
• ONTRACT 64G188
Amendment 4
June 28, 1990
Page 6 of 8
EXHIBIT A
DETAILED ENGINEERING DESIGN COST BUDGET:
The following is a basis for Engineering Design Cost Invoices:
TASK DESCRIPTION
100 Project Administration
200 Data Collection & Verification
Preliminary Design
310 Hydrology and Hydraulics Study
315 Scour Study
320 Channel Plan
325 Site Drainage
330 Railroad Plan & Profile
335 Bicycle Trail Crossing
340 Railway Plan & Profile
350 Traffic Plans
360 Street Lighting
370 Bridge Plans
380 Grading Plans
390 Preliminary Utility Coord.
391 SMWD Facilities
392 Other Facilities
400 Prelim. Environmental Assessment
500 Arterial Highway Financial Applic.
Right of Way Engineering:
610 Preliminary R/W Engineering
620 Final R/ W Engineering
630 Railroad Coordination
STATE
40,066
149,073
40,012
19,552
51,470
15,207
25,212
9,945
15,531
24,891
4,289
11,439
1,722
10,106
18,530
26,575
29,474
27,454
7,907
11,274
29,442
•ATRACT 64G188
Amendment 4
June 28, 1990
Page 7 of 8
EXHIBIT A (Contd.)
$1,040,678 $97,305
Total Design $1,137,983
Invoices shall be submitted to Caltrans for payment in the TASK DESCRIPTION
format including hours and dollars for each task, separating the State and City's
shares.
STATE
SSC
Final Design:
710 Hydrology & Hydraulics
20,622
715 Final Scour Study
8,975
720 Precise Topographic Surveys
15,242
730 Channel Plans
34,608
735 Final Drainage Plans
8,590
740 Railroad Plan & Profile
14,631
745 Bicycle Trail Crossing
6,064
750 Roadway Plan & Profile
11,510
760 Traffic Channelization Plans
4,226
770 Street Light Plans
5,492
780 Bridge Plans
273,480
790 Final Grading Plans
13,288
795 Grade Cross Sections
9,158
799 Final Utility Plans
9,193
800 Opinion of Probable Cost Schedule
12,804
900 Design Report
18,694
1000 Special Provisions
19,644
1100 Contract Documents
13,158
Project Coordination & Approvals:
1210 City of San Juan Capistrano
11,643
1220 Orange County EMA
12,613
1230 AT & SF Railroad
15,232
1240 State Department of Fish & Game
1,670
1250 U.S. Corp. of Engineers
1,911
1260 Santa Margarita Relocate Notice
7,026
1300 Caltrans
1,546
1400 Quality Control
17,792
$1,040,678 $97,305
Total Design $1,137,983
Invoices shall be submitted to Caltrans for payment in the TASK DESCRIPTION
format including hours and dollars for each task, separating the State and City's
shares.
6TRACT 64G188
Amendment 4
June 28,1990
Page 8 of 8
EXHIBIT B
CURRENT FUNDING AVAILABILITY PLAN
Design: State city
Budgeted Design Costs $1,040,678 $ 97,305
'Potential Additional Design Tasks $ 140,556 $ 140,556
Total Estimated Design
Current Fund Availability;
State's Deposit Balance
with Amtrak as of 2/13/89
City Funds on Deposit with Orange
County Transit District (OCTD)
States C.T.C. Matching Commitment
City's O.C.T.D. Matching
Commitment
Total Funds Available
Less Total Estimated Design:
Fund Balance Remaining for
Construction:
Funding Strategy:
$1,181,234
State
$1,129,895
$ 500,000
$1,629,895
$1.181,234
1—!Y,661
$ 237,861
CiLy
$ 940,000
$1.440.000
$ 237,861
112Q2 139
Total
$1,137,983
$ 281,112
$1,419,095
Total
$1.419.095
JL650 800
Caltrans funds remaining from 1987 Agreement will be committed for rail related expenses.
described in Exhibit A.
City will pay non -rail costs with non -match obligated funds on deposit with OCTD.
City may use funds on deposit with OCTD for costs associated with negotiation for the
right-of-way exchange with all property owners involved, and City's obligation to non -rail
related tasks. Any remainder will be applied toward construction costs.
Remaining funds form TP&D and City matching funds on deposit with OCTD will be used last and
will be applied to additional tasks if necessary and the remainder to construction.
"Potential Additional Design Tasks are:
Bridge Model Study $120,000
Environmental Process 50,000
City Staff Project Admin. 7,112
Overall contingency 104.000
Total
$281,112
National Railroad Passenger Corporation
City of San Juan Capistrano
and
The State of California
Third Amendment to Agreement to Provide for Construction of a Track Connection at
Port Chicago, California and for Realignment of Track at San Juan Capistrano,
California.
This Third Amendatory Agreement made as of the 28th day of April 1987, by and
between National Railroad Passenger Corporation, a corporation organized under the
Rail Passenger Service Act and the laws of the District of Columbia and having its
principal office and place of business in Washington, DC, (hereinafter referred to as
"Amtrak") and the State of California, acting by and through its Department of
Transportation (hereinafter referred to as "the State") adds the City of
San Juan Capistrano (hereinafter referred to as "the City") as a party to the existing
agreement between Amtrak and the State providing for realignment of track at
San Juan Capistrano, California on right-of-way owned and operated by the Atchison,
Topeka and Santa Fe Railway (hereinafter referred to as "Santa Fe").
WHEREAS, Amtrak and the State are parties to an A reement dated April
1982 as amended by Amendatory Agreement dated June 29, 198fand by Second
Amendatory Agreement dated June 25, 1985, (hereinafter referred to as the
"Agreement") covering both realignment of track at San Juan Capistrano and the cost o
the New Port Chicago Connection, and;
hau C
WHEREAS, all payments been made to Amtrak for the New Port Chica
connection and;
WHEREAS, $1,204,896 in funds of the State remain available for this project,
and;
WHEREAS, the City is the recipient of a grant from the Urban Mass
Transportation Administration (hereinafter referred to as "UMTA") in the amount of
$1,800,000 to contribute to the cost of realigning the track at San Juan Capistrano
including the construction of a new bridge, and;
WHEREAS, $600,000 of the State's funds as aforesaid will be used to match
the UMTA grant, and the remaining $604,896 will be used to cover costs in excess of the
combined State and UMTA matching funds as shown on the attached Estimate of Costs
(Exhibit A), and;
WHEREAS, UMTA requires grant recipients to comply with all applicable
federal rules and regulations, and;
WHEREAS, in accordance with Section 4(b) of Amendment 2 of Contract No.
64777, any contracts for design and construction of the tracks and bridge at San Juan
Capistrano will be awarded and administered by Santa Fe, and;
WHEREAS, the realigned track and relocated bridge will be located outside
the existing Santa Fe right of way, and;
WHEREAS, the City is solely responsible for acquiring the necessary right of
way and for negotiating a right of way exchange directly with the Santa Fe.
NOW, THEREFORE, in consideration of the mutual covenants herein
contained, the parties hereto agree as follows:
1. Amtrak agrees to serve as the agent for both the City and the State in all elements
of the project excluding acquisition of right-of-way; to instruct Santa Fe to comply
with the applicable federal rules and regulations, including maintenance of records
for audit by the City, State, and federal auditors; to ensure that the City and the
State have opportunity to review and approve proposals, plans, cont�ct award and
change orders for work contracted out or performed by Santa Fe forces; to request
Santa Fe to provide to the City and the State copies of the contractor's billings at
the same time the original is forwarded to Amtrak; and to promptly make payment
to Santa Fe upon presentation of their bills. This payment procedure supersedes
Section 5 and 6 of Amendment 2 of Contract No. 64777.
0.3r e -P--S2. The City agrees to provide the right f -way for the project in an amount equal to
the existing right-of-way. The City to reimburse Amtrak within fifteen (15) daysof
the receipt of the billings for progress payments for the UMTA share of the
construction costs.
3. Upon receipt of a billing from Amtrak, the State agrees to deposit its $1,204,896
with Amtrak to be used to expedite the payments to the contractors. Upon receipt
of progress billings from Santa Fe, Amtrak shall submit an invoice to the City for
75 percent of construction costs, up to a maximum of $1,800,000 (the UMTA share
of the project), and Amtrak shall submit an invoice to the State for 25 percent of
said construction costs up to a maximum of $600,000. If progress billings exceed the
total State and City shares described above, ($2,400,000), Amtrak shall bill the State
for 100 percent of such additional progress billings up to a maximum of $375,388.
The State also agrees to fully reimburse Amtrak for design costs up to a maximum
of $229,508. Any unused portion of State funds remaining on deposit with Amtrak at
the termination or completion of the project will be refunded to the State or used
for station improvements as agreed upon by the State.
4. The completion date is extended to June 30, 1990, contingent upon the
reappropriation of project funds by the California State Legislature.
5. All other terms and conditions of this contract remain in force.
IN WITNESS WHEREOF, the parties hereto have caused this Third
Amendatory Agreement to be executed by their duly authorized officers in multiple
original counterparts on the day and year first -above written.
/, p NATION RAILROA PASSENGER CORPORATION
(p
Date: 'a3V By: /A.
Assistant VLAe Presi nt
Govern me t and Public Affairs
/ G
Date: Z75 a
Date: June 16, 1987
STATE OF CALIFORNIA
By: i , /J
CITYDEPA�O1''-KWERUTWIS'AO194
Anthony e
Blan , Mayor
ATTEST:
Mary Ann H r
ver, City Clerk
APPROVED AS TO FORM:
ty Attorney
Desiqn Costs
Construction Costs
Contingencies
Total Estimate
a
State's Share
$229,508
$600,000
$375,388
0
UMTA's Share
$1,800,000
EXHIBIT A
Total
$229,508
$2,400,000
$375,388
$3,004,896
APPROVED BY THE ❑ CONTRACTOR
STANDARD AGREEMENT-�ORNEY GENERAL
`% TE Ail
STATE OF CALIFORNIA ❑
STD.2(REV. 2/BSI ❑ DEPT. OF GEN.
EN. SER.
❑ CONTROLLER
TI IIS AGHE1'MENT, made and entered into this 28th date of April IA �, ❑
in the Stade of Cahloruia, bN and hehceen State of Califon)ia, through its duh elected or appointed, ❑
qualified and acting ❑
TITLE OF OFFICER ACTING FOR STATE AGENCY luTcaff,r,affid I IC .Nlaw, )III[ CONTRACT NUMBER AM_ NO,
Director Department of Transportation 64777 �UU��� 3
hereaflrr called flee Cn, .Ioanr CONTRACTORS I.B. NUMBER
Amtrak
VA'1TNESSETII: That the Contractor for and in consideration of the cm'enanls, conditions, agreements, and stipulations of the slate
hereinafter expressed, docs heretic agree to furnish to the State sen iees and materials, as follosss.
)set forfh ,orelrr In be rendrrcd Lq Cnnlrne&rr_ ar4ou n! to Lr paid Cnnlrrrrtor (Trac for prrj nrnanre nr rnnlplrl inn. and attnrh p/rnu and ,prrTfi,aliun,t If nrgl.j
Entire Agreement and Execution on attached pages.
V
CONTINUED ON _ SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER.
The provisions on till- reverse side hereof constitute a part of this agreement.
IN WITNI?SS VA 11VIIEOE, this agreement has been executed be thejwrtics hereto, upon the date first abovo ss ritlen.
STATE OF CALIFORNIA
CONTRACTOR
AGENCY
CONTRACTOR (IF OTHER THAN AN INOIVIOVAL ETRE w.ETMEa A CO RATION.
RARTNE REHIP, ETC.)
BY IAUTHORIZED SIGNATURE)
BY (AUTHORIZED 51GNATUREI
X
X
PRINTED NAME OF PER>0P,1111 NING
PRINTED NAME AND TITLE
PERSON SIGNING
TITLE
ADDRESS
AMOUNT ENCUMBERED
PROGRAM/CATEGORY (CODE AND TITLE)
FUND TITLE
*52,444,628
Transportation
TP&D Acct.
Department of General Services
Use Only
UNENCUMBERED BALANCE
(OPTIONAL USE)
5
$1,204,896 remaining for
use for SJC curveIs
ADJ. INCREASING ENCUMBRANCE
ITEM
CHAPTER
STATUTE
FISCAL YEAR
S No Change
71(c) (2) (C)
161
1979
ADJ. DECREASING ENCUMBRANCE
OBJECT OF EXPENDITURE (CODE AND TITLE)
5
64140 995203 34123
� /�
6040 V� `4177
17
^'�
EXEMPT F^^(• •sRTMENT
TD A. NO. B.R. NO.
1 here by eLalfy upon myoruI personal knowledge that budgeter! fund, are
OFGENERAL
aradablr Jir rand and pupruser lhr ei mlllure,luted alirme
L :.a`•...-. APPROVAL
SIGNATURE O A G TING O@F E
DATE
X
(� 0
-
1 ia,re I, <rrfi p that all i' d ifHm.v for eirnn+fion .vel fordr in Sla[e :ldrntn isl ratirr flan uul SerHun ?Of) boor
lr•rn rornplirrl ¢i nd this dneu meal i.v exempt from rrciem by Ihr Depart rocas, of Gi) are.
SIGNATURE FFIC SIGNING ON BEHALF THE AGENCY
OAT
X
��
• 0
RESOLUTION NO. 93-1-5-1. COMPLETION OF REHABILITATION OF SILVER
CREEK DRIVE AT HORNO CREEK AND DRAINAGE IMPROVEMENTS -
MISSION STREET TO RAMOS STREET - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING WORK TO BE COMPLETED AS TO PLANS AND
SPECIFICATIONS FOR THE REHABILITATION OF SILVER CREEK DRIVE
AT HORNO CREEK AND DRAINAGE IMPROVEMENTS - MISSION STREET
TO RAMOS STREET
The Resolution accepted the work as complete in the amount of $59,605.72 and directed the City Clerk
to forward a Notice of Completion to the County Recorder. Staff was authorized to release the 10°0
retention in the amount of $5,960.57 thirty-five (35) days after recording the Notice of Completion.
8, RESOLUTION, APPROVAL OF AGREEMENT EXTENDING FUNDING FOR THE
DESIGN OF THE SAN JUAN CREEK RAILROAD BRIDGE AND TRACK
As set forth in the Report dated January 5, 1993, from the Director of EngineeriAg and Building, the
following Resolution was adopted approving the Agreement Extension to March 31, 1994, for Funding
Contract No. 64G188 with the California Department of Transportation and the National Railroad
Passenger Corporation for the design of the San Juan Creek Railroad Bridge and Track Realignment:
RESOLUTION NO. 93-1-5-2, APPROVAL OF EXTENDING AGREEMENT FOR
FUNDING THE DESIGN OF THE SAN JUAN CREEK RAILROAD BRIDGE
AND TRACK REALIGNMENT -A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING
EXTENSION OF THE FUNDING CONTRACT NO. 64G188 WITH THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION AND THE NATIONAL
RAILROAD PASSENGER CORPORATION
PUBLIC HEARINGS
AMENDING RESOLUTION NO 90-11-6-1. DEVELOPMENT FEES AND DEPOSITS
FOR PROCESSING DEVELOPMENT APPLICATIONS (42020)
Proposal:
Consideration of proposed modifications to the Schedule of Fees and Deposits to provide more realistic
cost estimates for applicants and reduce the administrative time necessary for collecting additional
deposit payments for the processing of permits and development applications.
Written Communication:
(1) Report dated January 5, 1993, from the Planning Director, recommending modifications to the
Fee and Deposit Schedule, including initial deposits, developer deposit charges, and consultant
charges.
(2) Amended Resolution and Exhibit A, Schedule of Application Fees and Deposits.
Exhibits were on display, and Lynette Lehmann, Administrative Assistant, made an oral presentation
Council Member Campbell expressed concern that $1,500 for a zone variance and $5,000 for a
Conditional Use Permit would be costly for many residents. Mr. Scarborough noted that the costs
would cover the large amount of staff time needed for the City's detailed and complex processing of
development applications. Council Member Hausdorfer concurred with Council Member Campbell's
concerns and suggested that developer deposits be restudied, including how the City's costs compare
City Council Minutes -4- 1/5/93
0
CONSENT CALENDAR
AGENDA ITEM
•
January 5, 1993
TO: George Scarborough, City Manager
FROM: William M. Huber, Director of Engineering & Building
SUBJECT: Resolution, Approval of Agreement Extension to Funding Contract No.
64G188 with the California Department of Transportation and the
National Railroad Passenger Corporation for the Design of the San Juan
Creek Railroad Bridge and Track Realignment (Caltrans & Amtrak)
RECOMMENDATION
By resolution, approve the Agreement Extension to Funding Contract No. 64G188 with
the California Department of Transportation and the National Railroad Passenger
Corporation and authorize the Mayor to execute the Extension on behalf of the City.
SITUATION
A. Summary and Recommendation
In May, 1991, the City Council approved Contract No. 64G188 entitled "Fourth
Amendment to Agreement to Provide for Construction of Track Realignment and
Railroad Bridge Constructionat San Juan Creek in San Juan Capistrano, California"
with Caltrans and Amtrak. The contract provides for $1,137,983 of funding for the
design of the San Juan Creek Railroad Bridge and Track Realignment.
Project completion date under this contract is June 30, 1993. Staff is recommending
approval of an Agreement Extension to March 31, 1994.
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 Atcheson, Topeka & Santa Fe Railway Co. (Santa Fe), the Orange
County Flood Control District (OCFCD) and, more recently, the Southern California
Regional Rail Authority (SCRRA) 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.
FOR CITY COUNCIL AGENDAIl
AGENDA ITEM • •
January 5, 1993
Page 2
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
City/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 is now passing to SCRRA.
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
continues 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/Community Redevelopment Agency continues to
assume responsibility for acquiring and exchanging the necessary rail right-of-way.
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 Transit Authority.
As the project involves separate private interests and several governmental
organizations, progress has been slow. It is taking time to build support for design
concepts and secure the necessary project approvals. Even so, progress is being
made and the City's consultant, Boyle Engineering Corp., hopes to complete the
design before March 31, 1994.
FINANCIAL CONSIDERATIONS
Funds for this project are budgeted in Account No. 12-xxxxx-4703-126. There is no
funding increase of the existing $1,137,983, only an extension of time for its use from
June 30, 1993, to March 31, 1994.
NOTIFICATION
Caltrans
Amtrak
OCTA
ALTERNATE ACTIONS
1. Approve the Agreement Extension to Funding Contract No 64G188 with the
California Department of Transportation and the National Railroad Passenger
Corporation for the design of the San Juan Creek Railroad Bridge and Track
Realignment.
2. Approve a modified agreement.
3. Request more information from staff.
AGENDA ITEM • •
.January 5, 1993
Page 3
RECOMMENDATION
6y resolution, approve the Agreement Extension to Funding Contract No. 64G188 with
the California Department of Transportation and the National Railroad Passenger
Corporation and authorize the Mayor to execute the Extension on behalf of the City.
Respectfully
-" submitted,
�,
William M. Huber, P.E.
9) WMH/BP:cl
Attachments: 1. Resolution
2. Contract No. 64G188
3. Contract No. 64G188 Amendment
RESOLLTION NO. 95-1-5-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JEAN C.APISTRANO, CALIFORNIA, .AUTHORIZING EXTENSION OF
THE FUNDING CONTRACT NO. 64G188 WITH THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION AND THE NATIONAL
RAILROAD PASSENGER CORPORATION
WHEREAS, on the 7th day of May, 1991, the City of San Juan Capistrano
entered into a funding contract, No. 64G188, entitled "Fourth Amendment to Agreement
to Provide for Construction of Track Realignment and Railroad Bridge Construction at
San Juan Creek in San Juan Capistrano, California; and,
WHEREAS, the completion date under this contract is June 30, 1993; and,
WHEREAS, all parties agree to extend the contract completion date to
March 31, 1994.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano does resolve as follows;
SECTION 1. That the Mayor is authorized to execute the agreement
on behalf of the City.
PASSED, APPROVED, AND ADOPTED this 5th day
Of January , 1993.
ATTEST:
McyE,
0 0
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
1, CHERYL JOHNSON, City Clerk of the City c. San Juan Cap:stra�-o,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy o'
Resolution No. 93-1-5-2 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the St day
Of .Jnn„ary , 1993, by the following vote:
AYES: Council Members Nash, flausdorfer, Campbell, Vasquez and
Mayor Jones
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CFtERYL jOHhW50f�{C(TY CLE K
-2-
FROM:CALTRANS DIV OF R' • TO:917144931053 •MAY 2. 1991 10:33AM 4989 P.02
CONTRACT 64GISS
Amendment 4
June 28, 1990
Page 1 of 8
NATIONAL RAILROAD PASSENGER CORPORATION
AND
CITY OF SAN JUAN CAPISTRANO
AND
THE STATE OF CALIFORNIA
Fourth Amendment to Agreement to Provide for Construction of Track
Realignment and Rail Bridge Construction at San Juan Creek in San Juan
Capistrano, California.
The Fourth Amendment is made as of the 28th day of June, 1990, by and among
the National Railroad Passenger Corporation, a corporation organized under
the Rail Passenger Service Act and the laws of the District of Columbia, and
having its principal office and place of business in Washington, D.C.
(hereinafter referred to as "Amtrak"), and the State of California, acting by and
through its Department of Transportation (hereinafter referred to as "the
State"), and the City of San Juan Capistrano (hereinafter referred to as "the
City") as a party to the existing agreement between Amtrak and the State
providing for realignment of track at San Juan Creek in San Juan Capistrano,
California on right-of-way owned and operated by the Atchison, Topeka and
Santa Fe Railway (hereinafter referred to as "Santa Fe").
WHEREAS, Amtrak, the State and the City are parties to the third Amendment
dated April 28, 1987; and
WHEREAS, the performance completion date of the third Amendment will
expire June 30, 1990; and
WHEREAS, the parties desire to amend the project plan to include the future
capability to double -track the rail line and new rail bridge, and include the City
and other agencies' projects: widening Camino Capistrano, improvements
FROM:CALTRA,uS D I U OF R • TO:917144931053 WAY 2. 1991 10:34AM 9989 ?.03
CONTRACT 64GISS
Amendment 4
June 28, 1990
Page 2 of 8
to Trabuco and San Juan Creeks, private land grading and development, utilities,
lighting, signals, and bike pathway; and
WHEREAS, the State has a trust deposit fund with Amtrak, and the City has
obtained various fund sources; and
WHEREAS, the City has entered into a Design Contract with their Engineering
Consultant (CONSULTANT) to provide the Plans, Specifications, and Estimates
for the various projects in the rail project vicinity; and
WHEREAS, the realigned track and new bridge will be located outside the
existing Santa Fe right of way, and
WHEREAS, the City is solely responsible for acquiring and exchanging the
necessary rail right of way directly with Santa Fe and other property owners.
NOW, THEREFORE, in consideration of the mutual covenants herein
contained, the parties hereto agree as follows:
1. City agrees to administer a Design Contract with CONSULTANT.
City will forward CONSULTANT's itemized invoices separating State
and City's cost shares by task item as detailed in EXHIBIT A.
Z. The City ar,ieca W pay its share of Dcsign costo no Chown in fiXHIBIT A,
which serves as the budget for this contract.
3. The State agrees to direct Amtrak within five days upon receipt of an acceptable
itemized invoice from the City, payment from the State's trust deposit fund.
4. Amtrak agrees to transfer the payment to City expeditiously upon State's
written request, accompanied by a copy of City's invoice.
FROM:CPLTRANS DIV CF R^• T0:917144931052 • MAY 2, 1991 10:34AM 4989 P.04
CONTRACT 64G188
Amendment 4
June 28, 1990
Page 3 of 8
5. CITY agrees to pay the City's CONSULTANT for City's share of the
itemized invoice, and separate payment for the State's share as previously
invoiced.
6. The City agrees to send a copy of each CONSULTANT "Task" document
(if any) to State upon completion of the task.
7. Time is of the essence and the prior scheduled completion date for Final
Plans, Specifications and Estimates (P,S,& E) is extended to June 30, 1993.
8. upon completion of approved P,S, & E, the City agrees to deliver one copy
of the CONSULTANT's "Milestone 1100 - Contract Documents" as the
final product of this contract. Final payment is contingent upon receipt of
acceptable PS&E. After receipt of the Final Plans, Specifications and
Estimate documents, all parties agree to work cooperatively towards
developing and financing a plan for the construction phases.
9. The maximum amount obligated by State is $1,040,678, as summarized in
Exhibit A. Expenditures greater than five percent above the budgeted work
item costs, require written approval from State. The State is not responsible
for additional costs incurred which exceed the State's maximum obligation
hereunder.
10. The City may stop work on the project 30 days after giving written notice to
State and Amtrak that available funds under this agreement are insufficient
to complete P,S, & E.
li. Exhibit B is a "CURRENT FUNDING AVAILABILITY PLAN". This exhibit
summarizes budgeted design costs and current funds available for the
projects.
FROM: CALTRANS NU OF r • TO:917144931053 • MAY 2, 1991 12:35AM 9989 P.05
CONTRACT' 64CISS
Amendment 4
June 28, 1990
Page 4 of 8
12. The quarterly reports, maps, and other documents or materials prepared in
connection with the projects and funded in whole or in part by the State,
shall contain a standard notice that the materials were prepared in part
under a grant provided by the State. State shall have unrestricted authority
to publish, disclose, distributed and otherwise use in whole or in part such
documents. In addition, no material prepared in connection with the projects
shall be subject to copyright in the United States or any other country.
13. The City certifies compliance with California Government Code Section 8355
in matters relating to providing a drug-free workplace. The contractor will:
Publish a statement notifying employees that unlawful manufacture,
distribution, dispensation, possession, or use of a controlled substance is
prohibited and specifying actions to be taken against employees for
violations, as required by Government Code Section 8355(a).
Establish a Drug -Free Awareness Program as required by Government Code
Section 8355(b), to inform employees about all of the following:
(a) The dangers of drug abuse in the workplace,
(b) The person's or organization's policy of maintaining a drug-free
workplace,
(c) Available counseling, rehabilitation and employee assistance
programs, and
(d) Penalties that may be imposed upon employees for drug abuse
violations.
Provide as required by Government Code Section 8355(c), that every
employee who works on the proposed contract or grant:
(a) Will receive a copy of the company's drug-free policy statement, and
(b) Will agree to abide by terms of the company's statement as a condition
of employment on the contract or grant.
• V NTRACT 64G188
Amendment 4
June 28, 1990
Page 5 of 8
IN WITNESS WHEREOF, the parties hereto have caused this Fourth Amendatory
Agreement to be executed by their duly authorized officers in multiple original
counterparts effective on the day and year first -above written.
STATE OF CALIFORNIA
By: Apia� "
Caltrans Contract Officer
DEBORAH VAUGHN
HEADWARTERS CONTRACT OfflaR
CITY OF SAN JUAN CAPISTRANO
By
San Juan Capistrano Mayor Kenneth E. Friess
ATTEST:
.11 IZAS
San Juan Capistrano
t.�& - -
Caltrans Attorney
FROM:CAL?RANS DIV CF TO:917144931053 • MAY 2, 1991 10:36AM «969 F.07
CONTRACT 64G188
Amendment 4
June 28, 1990
Page 6 of 8
EXHIBIT A
DETAILED ENGINEERING DESIGN COST BUDGET:
The following is a basis for Engineering Design Cost Invoices:
TASK DESCRIPTION
100 Project Administration
200 Data Collection & Verification
Preliminary Design:
310 Hydrology and Hydraulics Study
315 Scour Study
320 Channel Plan
325 Site Drainage
330 Railroad Pian & Profile
335 Bicycle Trail Crossing
340 Railway Plan & Profile
350 Traffic Plans
360 Street Lighting
370 Bridge Plans
380 Grading Plans
390 Preliminary Utility Coord.
391 SMWD Facilities
392 Other Facilities
400 Prelim. Environmental Assessment
500 Arterial Highway Financial Applic.
Right of Way Engineering:
610 Preliminary R/W Engineering
620 Final R/W Engineering
630 Railroad Coordination
STATE
40,066
149,073
40,012
19,552
51,470
15,207
25,212
9,945
15,531
24,891
4,289
11,439
1,722
10,106
18,530
26,575
29,474
27,454
7,907
11,274
29,442
FROM:CALTRANS DIV CF R• TO:917144931053
. MAY 2. :991 10:36AM 9989 P.08
CONTRACT 64GSSS
Amendment 4
June 28, 1990
Page 7 of 8
EXHIBIT A (Cont'd.)
STATE
Final Design:
710 Hydrology & Hydraulics
20,622
715 Final Scour Study
8,975
720 Precise Topographic Surveys
15,242
730 Channel Plans
34,608
735 Final Drainage Plans
8,590
740 Railroad Plan & Profile
14,631
745 Bicycle Trail Crossing
6,064
750 Roadway Plan & Profile
11,510
760 Traffic Channelization Plans
4,226
770 Street Light Plans
5,492
780 Bridge Plans
273,480
790 Final Grading Plans
13,288
795 Grade Cross Sections
9,158
799 Final Utility Plans
9,193
800 Opinion of Probable Cost Schedule
12,804
900 Design Report
18,694
1000 Special Provisions
19,644
1100 Contract Documents
13,158
Project Coordination & Approvals:
1210 City of San Juan Capistrano
11,643
1220 Orange County EMA
12,613
1230 AT & SF Railroad
15,232
1240 State Department of Fish & Game
1,670
1250 U.S. Corp. of Bnginaers
1,911
1260 Santa Margarita Relocate Notice
7,026
1300 Caltrans
1,546
1400 Quality Control
17,792
$1,040,678 $97,305
Total Design $1,137,983
Invoices shall be submitted to Caltrans for payment in the TASK DESCRIPTION
format including hours and dollars for each task, separating the State and City's
shares.
I Or
FROM: CALTRANS DIV CF RP. TO:919144931053 WAY 2, 1991 10: 36AM 4989 P. 09
CONTRACT 64G288
Amendment 4
June 28,1990
Page 8 of 8
EXHIBIT B
CURRENT FUNDING AVAILABILITY PLAN
>Z. IM.
si=
city
Total
Budgeted Design Costs
$1,040,678
$ 97,305
$1,137,983
'Potential Additional Design Tasks
$ 140,556
$ 140,556
$ 281,112
Total Estimated Design
$1,181,234
S 237,861
$1,419,095
Current Fund Availability: $tate QIX 19W
State's Deposit Balance
with Amtrak as of 2/13/89 $1,129,895
City Funds on Deposit with Orange
County Transit District (OCTD) $ 940,000
State's C.T.C. Matching Commitment $ 500,000
City's O.C.T.D. Matching
Commitment $ 500,000
Total Funds Available $1.629.895 91 440.000 53.069.895
Less Total Estimated Design: $1.1 1.234 S 237.861 51.419.095
Fund Balance Remaining for
Construction: 448 t ¢1.202,139 1650 8 0
Funding Strategy:
Caltrans funds remaining from 1987 Agreement will be committed for rail related expenses.
described in Exhibit A.
City will pay non -rail costs with non -match obligated funds on deposit with OCTD.
City may use funds on deposit with OCTD for costs associated with negotiation for the
right-of-way exchange with all property owners involved, and City's obligation to non -rail
related tasks. Any remainder will be applied toward construction costs.
Remaining funds form TP&D and City matching funds on deposit with OCTD will be used last and
will be applied to additional tasks if necessary and the remainder to construction.
*Potential Additional Design Tasks are:
Bridge Model Study
$120,000
Environmental Process
50,000
City Staff Project Admin.
7,112
Overall contingency
194 -OW
Total
$281,112
Jin
m�u�no
�iu��Fo 1961
1776
January 6, 1993
Department of Transportation
Attention: Robert Phillippi, Contract Analyst
Division of Rail
P.O. Box 942874
Sacramento, CA 94274-0001
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
GARY L. HAUSOORFER
GIL JONES
CAROLYN NASH
JEFF VASQUEZ
CITY MANAGER
GEORGE SCARBOROUGH
Re: AT&SF Railroad Realignment - Contract No. 64 G 188 A5
Dear Mr. Phillippi:
With reference to your Department's letter of December 10, 1992, from Mr. Dennis
to Bill Huber, I am pleased to enclose the following:
1. Original and five copies individually signed of the amendment to extend the
date of Contract 64 G 188 A5 to March 31, 1994.
2. Three Certified copies of the Resolution of City Council acceptance.
3. The Drug Free Work Place Certification and,
4. City Administrative Policy No. 209, Alcohol and Drug Abuse Policy.
Please let me have fully executed copies of the contract amendment when
available.
Very truly yours,
Brian Perry
Senior Civil Engineer
BP:ssg
enclosures / i
cc: Cheryl Johnson
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493.1171
0
ADMINISTRATIVE POLICY
DATE ADOPTED 7/22/81
REVISED 8/1,;A92
CITY MANAGE
SUBJECT: ALCOHOL AND DRUG ABUSE POLICY
n
u
POLICY NO. 209
PAGE 1 OF 1
PURPOSE: To provide a safe, healthful and secure work environment for all City
employees by establishing a drug-free work place policy.
It is the policy of the City of San Juan Capistrano to maintain a safe, healthful, and secure
work place. The City is committed to discouraging alcohol and drug abuse and to
achieving a work force free from the influence of drugs and alcohol. Employees are
expected and required to report to work on time and in appropriate mental and physical
condition for work.
The unlawful manufacture, distribution, dispensation, possession, or use of a controlled
substance on City premises, or in City vehicles, or while conducting City business off City
premises is absolutely prohibited. While the use of medically prescribed drugs is not a
violation of this policy, it is the responsibility of an employee to inform his or her
supervisor if he or she is using a legally obtained drug which the employee reasonably
believes impairs the employee's safety. If management determines, after consultation
with the appropriate medical professional, that the employee's performance is impaired,
the employee shall be'reassigned without loss of pay or other benefits. Violation of this
policy will result in disciplinary action, up to and including termination, and may have
legal consequences.
The City of San Juan Capistrano recognizes drug dependency as an illness and major health
problem. The City also recognizes drug abuse as a potential health, safety, and security
problem. Employees needing help in dealing with such problems are encouraged to use our
employee assistance program and health insurance plan, as appropriate. Efforts to seek
such help will not jeopardize any employee's job.
Employees must, as a condition of employment, abide by the terms of the above policy and
report any conviction under a criminal drug statute for violations occurring on or off City
premises while conducting City business. A report of a conviction must be made within
five (5) days after the conviction. (This requirement is mandated by the Drug Free
Workplace Act of 1988.)
0
0
occurred on March 23, 1991. The work consisted of two
phases, with the final phase to be completed by May 15, 1991.
Mr. Huber discussed the situation to date in the landslide
area, noting that there are two residents still not able to
return to their residences.
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim, and unanimously carried to ratify retention of the
firm of Peter & Associates to perform an emergency
geotechnical evaluation of the Dana Mesa slide. Funds in the
amount of $12,740 were appropriated from uncommitted General
Fund reserves for this purpose.
Councilman Buchheim commended staff on their efforts in
assisting the residents immediately after the landslide
occurred on March 23.
Mayor Friess stated that he would prepare letters addressed
to local banks to inquire about low-interest "disaster" loans
for these homeowners.
5. APPROVAL OF FUNDING AGREEMENT - RAILROAD BRIDGE PROJECT
(6 0
writden Communication:
Report dated May 7, 1991, from the Senior Management Assis-
tant, recommending that a new tri -party agreement with the
City, Amtrak, and CalTrans be approved to allow design funds
to continue from CalTrans for the construction of a new
railroad bridge over San Juan Creek and the realignment of
a portion of the railroad track in the vicinity of Camino
Capistrano and San Juan Creek Road. The original agreement
expired on June 30, 1990.
Approval of Tri -Party Agreement:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim, and unanimously carried that the "Fourth Amendment
to Agreement to Provide for Construction of Track Realignment
and Rail Bridge Construction at San Juan Creek in San Juan
Capistrano, California" be approved. The Mayor was author-
ized to execute the document on behalf of the City.
-12-
5/7/91
AGENDA ITEM
TO: Stephen B. Julian, City Manager
FROM: Jennifer M. Murray, Senior Management Assistant
May 7, 1991
SUBJECT: Approval of Funding Agreement - San Juan Creek Railroad Bridge and Track
Realignment
SITUATION•
A. Summary and Recommendation
A 1987 tri -party agreement between the City, the National Railroad Passenger
Corporation (Amtrak), and the State of California (CalTrans) to construct a new
railroad bridge over San Juan Creek and realign a portion of the railroad track in the
vicinity of Camino Capistrano and San Juan Creek Road has expired. In order for
for design work to continue it is necessary to approve an amendment to this
agreement. At this time it is recommended that the City Council approve this
contract agreement.
B. Background
Since 1985, the Community Redevelopment Agency, the City, Amtrak, CalTrans,
and the Atcheson, Topeka, and Santa Fe Railway Company (Santa Fe) have been
working on a project to construct a new railroad bridge over San Juan Creek and
realign a portion of track in the vicinity of San Juan Creek and Camino Capistrano.
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 times 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 for 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. The
agreement had an expiration date of June 30, 1990. So that design funds from Cal
Trans can continue to flow to this project, it is necessary to approve a new
agreement between the City, Amtrak, and CalTrans. This new agreement is
included as Attachment A.
FOR CITY COUNCIL AG ...
0
Agenda Item -2- May 7, 1991
C. Scope of Existing Agreement
The new 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, continues the intent of the project as established
in the 1987 agreement. CalTrans agrees 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.
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 and has funds on deposit for this project with the
Orange County Transit District. The new agreement discusses the way these funds
will flow to provide for design and construction of the project.
As the project involves separate private interests, several governmental
organizations and the Santa Fe Railroad, progress has been slow. It is taking time to
build support for design concepts and secure the necessary project approvals. Even
so, progress is being made and the City's Consultant, Boyle Engineering Corporation,
hopes to complete the design in 1992.
COMMISSION/BOARD REVIEW & RECOMMENDATIONS:
Not applicable.
FINANCIAL CONSIDERATIONS:
Project design costs identified in this contract total $1,419,095. Of this, $1,181,234
would be provided by CalTrans and $237,861 would be provided by the City. This project
requires no contributions from the City's General Fund. All monies contributed by the
City will be drawn from available funds on deposit with the Orange County Transit
District. Upon completion of design, it is estimated that $1,650,800 will remain in state
and city funds for construction of the project. As these funds are insufficient to
complete total construction, the City and CalTrans will be working to secure other funds
so that construction can be completed.
NOTIFICATION•
The California Department of Transportation and the National Railroad Passenger
Corporation have been notified that this agreement is being considered by the City
Council at this time.
Agenda Item -3- May 7, 1991
ALTERNATE ACTIONS:
1. Move to approve the "Fourth Amendment to Agreement to Provide for Construction
of Track Realignment and Railroad Bridge Construction at San Juan Creek in San
Juan Capistrano, California" and authorize the Mayor to sign this agreement.
2. Move to approve a modified Fourth Amendatory Agreement and authorize the Mayor
to sign on behalf of the City.
3. Request more information from staff.
------------------------------------------------------------------------------
RECOMMENDATION:
Move to approve the "Fourth Amendment to Agreement to Provide for Construction of
Track Realignment and Railroad Bridge Construction at San Juan Creek in San Juan
Capistrano, California" and authorize the Mayor to sign this agreement.
------------------------------------------------------------------------------
------------------------------------------------------------------------------
Respectfully submitted,
JenniW M. Murray
` Senior Management Assistant
JMM:ms
Attachment
unnm 1961
1776
April 7, 1994
Stan Oftelie, Executive Director
Orange County Transportation Authority
P. O. Box 14184
Orange, CA 92613-1584
Re: Commuter Rail/Double Tracking
Dear Stan:
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
GARY L. HAUSDORFER
GIL JONES
CAROLYN NASH
JEFFVASOUEZ
CITY MANAGER
GEORGE SCARBOROUGH
A newspaper article appeared in the Orange County Register in February of this year indicating that
the Authority has plans to double track its rail right-of-way from Oceanside to Downtown Los
Angeles. We would like to go on record, as we have done in the past, and state that our City opposes
any double tracking through the City's historic and residential areas.
The San Juan Capistrano Depot, which was constructed in 1894, is part of the National Register of
Historic Places District. The bulk of the property in the district lies to the west of the existing tracks
and consists of small, single-family residences built between 1880 and 1920 and constructed of
single wall board and batten siding. Additionally, a high-density residential development exists to
the north of the historical district that would be impacted by both the noise and vibration of installing
a second track closer to the homes.
On June 2, 1987, the City Council adopted Resolution 87-6-2-9 which supported the Los Angeles -
San Diego (LOSSAN) State Rail Corridor Study. However, the resolution expressed concern about
several projects planned for implementation in the City of San Juan Capistrano. One of the primary
concerns was for the proposal to double track through this sensitive area. The City was assured that
these concerns would be addressed. While our City expressed its concern as far back as 1987, there
has also been more recent correspondence expressing similar concern. Letters dated December 10,
1991, and July 21, 1993, are enclosed for your information.
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92673 0 (714) 493.1171
LI
Stan Oftelie/OCTA
April 7, 1994
Page 2
0
We would ask that any consideration by the Authority for double tracking in the City of San Juan
Capistrano be carefully reviewed with the City prior to the development of any studies or design
projects. Thank you for your consideration of this important community issue.
Very truly yours,
William M. Huber
Director of Engineering and Building
WMH:cl
Enclosures
cc: George Scarborough
Cass Walker
Douglas Dumhart
Ted Simon
Brian Perry
t�
0 0
RESOLUTION NO. 87-6-2-9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, SUPPORTING THE LOS
ANGELES -SAN DIEGO (LOSSAN) STATE RAIL CORRIDOR STUDY
WHEREAS, the City of San Juan Capistrano has reviewed the Draft Los
Angeles -San Diego (LOSSAN) State Rail Corridor Study; and,
WHEREAS, the Study has identified improvements in the rail corridor that will
reduce intercity AMTRAK rail running time and facilitate the operation of additional
intercity trains; and,
WHEREAS, commuter service between South Orange County to downtown Los
Angeles has been determined to be cost efficient and an effective alternative to existing
and growing traffic congestion in the Santa Ana Freeway (I-3) Corridor and could offer a
viable travel option during reconstruction of the Santa Ana and San Diego Freeways; and,
WHEREAS, the City of San Juan Capistrano and jurisdictions within the
corridor will have an opportunity to review actual rail station locations and follow-on
implementation actions; and,
WHEREAS, the City has specific concerns with several projects planned for
implementation in San Juan Capistrano and has been assured that these concerns will be
satisfactorily addressed in the design phase of these projects.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano does hereby urge the State Legislature to accept the
recommendations of the Los Angeles -San Diego (LOSSAN) State Rail Corridor Study, and
urges active state, federal, and local participation in implementing and funding of
recommended actions.
PASSED, APPROVED, AND ADOPTED this
of June 1987.
2nd
day
0 o
STATE OF CAARNIA
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO
1, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Resolution No. 87-6-2-9 adopted by the .City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 2nd day
of June , 1987, by the following vote:
AYES:
NOES:
ABSENT:
(SEAL)
.Councilmen Schwartze, Friess, Buchheim, Hausdorfer,
and Mayor Bland
None
None
2
0
December 10, 1991
Mr. Ray Anderson, Track Branch
Division of Rail
Department of Transportation
P.O. Box 942874
Sacramento, CA 94274-0001
Dear Mr. Anderson,
WENGER$ OF THE GITV CO�NC
LAWRENCE i EUC H..E N
KENNETH E FRIESS
GARYL HAUSCORFER
GIL JONES
JEFF VASQUEZ
CITY MANAGER I
STEPHEN E JUUAN
Thank you for the additional information you have provided in
order that our TCI application for the San Juan Creek Railroad
Bridge project can be amended. We appreciate the continuing
support of the Division of Rail in packaging the funding program
to implement this important project.
We have carefully reviewed the information you have provided to
determine the direction we need to take to proceed with our
project. our City is on record in support of efforts to see the
LOSSAN corridor doubletracked. However, this support does not
extend to double tracking in the vicinity of our historic
station.
The San Juan Capistrano depot, which was constructed in 1894, is
part of a National Register of Historic Places District. The
bulk of the property in the district exists to the west of the
railroad track and consists of small single family homes built
between 1880-1920, of single wall board and batten construction.
our city is concerned about the impacts that double tracking may
have for the structures and residents of the Los Rios Historic
District.
As you know, the TCI review team suggested that the Railroad
Bridge application be expanded to include the entire double
tracking project from the Galivan siding to the Serra siding.
While we are supportive of this effort in general, except in the
vicinity of the San Juan Capistrano Depot, it is not possible for
the City to serve as the primary project proponent through the
TCS process for this expanded scope of work for several reasons.
As you know, this expanded project extends beyond the boundaries
of San Juan Capistrano into Mission Viejo to the north and Dana
Point to the south. We cannot apply for funds for a project
which extends beyond our jurisdictional boundaries, nor can we
32400 PASEO ADELANTO. SAN JUAN CAPISTRANO. CALIFORNIA 92075 0 (714) 493-1171
• 0
Ray Anderson December 10, 1991 2
claim to represent the concerns of these cities regarding double
tracking in these areas. We feel it would be more appropriate
for Caltrans as a regional agency to submit the application.
Additionally, the double tracking of this portion of the track
would involve design and construction of a new bridge over
Trabuco Creek near its confluence with Oso Creek. (This area is
several miles north of our current project site) The existing
trestle is not designed to accommodate double tracking. If
double tracking is to occur, this trestle and the associated
creek confluence hydraulics will have to be taken into consi-
deration and are issues which extend beyond the scope of our
existing project.
Another concern focuses on the environmental implications of a
large scale project. We are reluctant to sponsor a project which
may have expanded environmental considerations beyond the scope
of our existing project. The $1,000,000 contract which we are
presently working with you to complete includes within its scope
of work the completion of an environmental assessment based upon
the concept that an existing single track and bridge structure
are being relocated within the same general area. To expand the
scope of the entire project to include doubletracking over an e
mile area may complicate the environmental review substantially
and may add to delays in completing the design work.
Finally, as you know, we are waiting to hear from the Orange
County Flood Control District about their plans to build a
physical model of the channel in the vicinity of our current
project area. If they receive the commitment from the Army Corps
of Engineers to do this work and if our existing project has to
be included in the physical model, it will slow design con-
siderably. If this occurs, we would not be in a position to use
any TCI funds in 1992-93 for construction. We hope to know
whether a physical model of the channel is necessary by January
14, 1992, when we meet again with the County.
While we cannot be the project proponent on a larger scale
project, we are committed to continuing our efforts to secure
funds for the railroad bridge and track realignment as it is
presently proposed. The information you provided in your letter
of November 26 is encouraging. If it appears that a physical
model of San Juan Creek channel and the new bridge project is not
needed, we would like to submit updated information to the TCI
team which reflects what portion of these monies (represented in
new part 4 and Attachment 1) are now committed to the bridge
replacement and associated track realignment.
We realize that Caltrans may have a different opinion as to the
best method to package and present the bridge and the expanded
doubletracking project to the TCI review team. As an alternate
approach, we are willing to take a support position instead of an
Ray Anderson•
41
December 10, 1991
applicant's position on a revised TCI application which reflects
the expanded scope, from the Galivan siding to the Serra siding.
In such a supporting position, we would be willing to go on
record committing all of our available funds on deposit with OCTA
to the portion of a larger project which includes our existing
bridge and track realignment project. In this sense, we would be
supporting Caltrans as the primary TCI applicant. Please let us
know if you would like -to take this approach and we can discuss
it further.
In closing, I want to again reaffirm the City of San Juan
Capistrano's commitment to the bridge project, track realignment
and the general concept of double tracking. While we believe
there are issues which need to be resolved concerning potential
doubletracking in at our station, we do not believe these issues
are insurmountable.
Thank you for the funding information you have provided so far.
We look forward to receiving information about the proportion of
these funds which would be committed to the railroad bridge and
track realignment project as originally defined in our TCI ap-
plication. If you would like to discuss becoming the TCI
applicant on the larger project, please let no know.
Sincerely,
nn' r Murray,
Seni r Management Assistant
cc: George Scarborough, Assistant City Manager
Bill Huber, Director of Engineering and Building
Brian Perry, Senior Civil Engineer
i
July 21, 1993
Ms. Adrienne Brooks
Orange County Transportation Authority
1055 North Main Street, Suite 516
Santa Ana, CA 92701
Re: Double Tracking - Commuter Rail
Dear Ms. Brooks:
MEMBERS OF THE CITY COUNC'I
CCLLENE CAMPBELL
GARY L. HAUSOORFER
GIL .ONES
CAROLYN NASH
.+EFF VASOUEZ
CITY MANAGER
GEORGESCARBOROUGH
Recently, our staff was contacted by HDR Engineering regarding double tracking of the
commuter rail line through San Juan Capistrano. Please be advised that the City does
not support double tracking through the Los Rios Historic District which stretches
roughly from Del Obispo Street north to just north of the San Juan Depot. This issue has
been a long-standing concern, as you can see from the enclosed action by the City
Council going back to 1997.
It is believed the following impacts will be created with the double tracking project:
°The noise will be moved closer to a historic residential district;
0Vibration impacts will also be moved closer to the residential area;
The second track will place trains unusually close to existing historic buildings;
°A significant number of pedestrians cross the tracks near the Depot at Verdugo
Street. The double tracks may create added confusion for those crossing the tracks.
The City has worked cooperatively on projects involving OCTA such as the railroad
platforms and railroad realignment projects. We appreciate your consideration in this
matter. Should you have any concerns regarding this issue, please contact William
Huber, Director of Engineering.
Very truly yours,
William M. Huber
Director of Engineering do Building
WMH:cI
Enclosure
cc: Ted Simon
George Scarborough
Carole Jacklin
32400 PASEO ADELANTO. SAN JUAN CAPISTRANO, CALIFORNIA 92673 9 (714) 493-1171
F •,
0
June 17, 1987
J«a�
Io .Io 1961
1776
Jim Barber, Director
Intergovernmental Affairs
National Railroad Passenger Corporation
400 North Capitol Street
Washington, D.C. 20001
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. SUCHHEIM
KENNETH E. FRIESS
GARY L. HAUSDORFER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN B JULIAN
Re: Agreement with Amtrak and Caltrans for the Realignment of Railroad Track
Dear Mr. Barber:
The City Council of the City of San Juan Capistrano at its regular meeting held June 16,
1987, approved the Third Amendatory Agreement between National Passenger
Corporation and the State of California adding the City of San Juan Capistrano as a
party to the existing Agreement. The Agreement provides for the realignment of track
at San Juan Capistrano, California, on right-of-way owned and operated by the Atchison,
Topeka, and Santa Fe Railway.
Three copies of the Third Amendatory Agreement have been executed by the City and
are enclosed. Upon approval of the National Passenger Corporation and the State of
California, please return a fully -executed copy to this office.
Thank you for your cooperation. If you have any questions, please do not hesitate to call.
Very truly yours,
Mary Ann Hanover, CMC
City Clerk
MAH/mac
Enclosure
Federal Express, Overnight
cc: City Manager
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171
9 0
National Railroad Passenger Corporation
City of San Juan Capistrano
and
The State of California
Third Amendment to Agreement to Provide for Construction of a Track Connection at
Port Chicago, California and for Realignment of Track at San Juan Capistrano,
California.
This Third Amendatory Agreement made as of the 28th day of April 1987, by and
between National Railroad Passenger Corporation, a corporation organized under the
Rail Passenger Service Act and the laws of the District of Columbia and having its
principal office and place of business in Washington, DC, (hereinafter referred to as
"Amtrak") and the State of California, acting by and through its Department of
Transportation (hereinafter referred to as "the State") adds the City of
San Juan Capistrano (hereinafter referred to as "the City") as a party to the existing
agreement between Amtrak and the State providing for realignment of track at
San Juan Capistrano, California on right-of-way owned and operated by the Atchison,
Topeka and Santa Fe Railway (hereinafter referred to as "Santa Fe").
WHEREAS, Amtrak and the State are parties to an Agreement dated April 20,
1982 as amended by Amendatory Agreement dated June 29, 1982 and by Second
Amendatory Agreement dated June 25, 1985, (hereinafter referred to as the
"Agreement") covering both realignment of track at San Juan Capistrano and the cost of
the New Port Chicago Connection, and;
WHEREAS, all payments has been made to Amtrak for the New Port Chicago
connection and;
WHEREAS, $1,204,896 in funds of the State remain available for this project,
and;
WHEREAS, the City is the recipient of a grant from the Urban Mass
Transportation Administration (hereinafter referred to as "UMTA") in the amount of
$1,800,000 to contribute to the cost of realigning the track at San Juan Capistrano
including the construction of a new bridge, and;
WHEREAS, $600,000 of the State's funds as aforesaid will be used to match
the UMTA grant, and the remaining $604,896 will be used to cover costs in excess of the
combined State and UMTA matching funds as shown on the attached Estimate of Costs
(Exhibit A), and;
WHEREAS, UMTA requires grant recipients to comply with all applicable
federal rules and regulations, and;
0
11
WHEREAS, in accordance with Section 4(b) of Amendment 2 of Contract No.
64777, any contracts for design and construction of the tracks and bridge at San Juan
Capistrano will be awarded and administered by Santa Fe, and;
WHEREAS, the realigned track and relocated bridge will be located outside
the existing Santa Fe right of way, and;
WHEREAS, the City is solely responsible for acquiring the necessary right of
way and for negotiating a right of way exchange directly with the Santa Fe.
NOW, THEREFORE, in consideration of the mutual covenants herein
contained, the parties hereto agree as follows:
1. Amtrak agrees to serve as the agent for both the City and the State in all elements
of the project excluding acquisition of right-of-way; to instruct Santa Fe to comply
with the applicable federal rules and regulations, including maintenance of records
for audit by the City, State, and federal auditors; to ensure that the City and the
State have opportunity to review and approve proposals, plans, contact award and
change orders for work contracted out or performed by Santa Fe forces; to request
Santa Fe to provide to the City and the State copies of the contractor's billings at
the same time the original is forwarded to Amtrak; and to promptly make payment
to Santa Fe upon presentation of their bills. This payment procedure supersedes
Section 5 and 6 of Amendment 2 of Contract No. 64777.
2. The City agrees to provide the right-of-way for the project in an amount equal to
the existing right-of-way. The City to reimburse Amtrak within fifteen (15) days of
the receipt of the billings for progress payments for the UMTA share of the
construction costs.
3. Upon receipt of a billing from Amtrak, the State agrees to deposit its $1,204,896
with Amtrak to be used to expedite the payments to the contractors. Upon receipt
of progress billings from Santa Fe, Amtrak shall submit an invoice to the City for
75 percent of construction costs, up to a maximum of $1,800,000 (the UMTA share
of the project), and Amtrak shall submit an invoice to the State for 25 percent of
said construction costs up to a maximum of $600,000. If progress billings exceed the
total State and City shares described above, ($2,400,000), Amtrak shall bill the State
for 100 percent of such additional progress billings up to a maximum of $375,388.
The State also agrees to fully reimburse Amtrak for design costs up to a maximum
of $229,508. Any unused portion of State funds remaining on deposit with Amtrak at
the termination or completion of the project will be refunded to the State or used
for station improvements as agreed upon by the State.
4. The completion date is extended to June 30, 1990, contingent upon the
reappropriation of project funds by the California State Legislature.
5. All other terms and conditions of this contract remain in force.
IN WITNESS WHEREOF, the parties hereto have caused this Third
Amendatory Agreement to be executed by their duly authorized officers in multiple
original counterparts on the day and year first -above written.
Date:
Date:
NATIONAL RAILROAD PASSENGER CORPORATION
By:
Assistant Vice President
Government and Public Affairs
STATE OF CALIFORNIA
9.l
CITY OF SAN JUAN CAAP`�IISQSTRANO
Date: June 16, 1987 By:L;G`Is��
Anthony J1,41BIand, Mayor
ATTEST:
APPROVED AS TO F9
John S] w, City Attorney
Exhibit A
State's Share UMTA's Share Total
Design Costs $229,508 $22//9,508
Construction Costs 600,000 $1,800,000 400,000-4
Contingencies 375,388 3/75,388
Total Estimate $3,004,896
0 0
AGENDA ITEM June 16, 1987
TO: Stephen B. Julian, City Manager
FROM: Jennifer Williams, Senior Administrative Assistant
SUBJECT: Agreement With Amtrak and Caltrans for the Realignment of Railroad
Track in San Juan Capistrano
SITUATION:
For the past several years the City has been working with Amtrak, the California
Department of Transportation and the Atcheson, Topeka and Santa Fe Railway on a
project which would result in the realignment of a segment of railroad track in San Juan
Capistrano. This project would also involve the construction of a new railroad bridge
over San Juan Creek. All of the parties involved have reached agreement about which
agency will be undertaking which part of the work to accomplish this project. Attached,
for approval by the City Council, is the proposed agreement between the City and
Amtrak and Caltrans which spells out the responsibility of each of the parties.
The realigned track and relocated bridge to be constructed as will be located outside of
the existing Santa Fe Railroad right-of-way. As part of this agreement, the City has
agreed to be responsible for acquiring the necessary right-of-way and for negotiating a
right-of-way exchange directly with Santa Fe. The agreement indicates that the City
agrees to provide right-of-way for the project in an amount equal to the existing right-
of-way. The acquisition of right-of-way through the negotiation of "equal land swaps" is
key in our agreement to participate in this project. We have had a concern that in the
event added right-of-way is necessary for the project, particularly to accommodate
double tracking, this may in effect prevent or greatly impair the future development
potential of the property.
With this in mind, it is requested that the City Council approve the agreement to provide
for the realignment of track in San Juan Capistrano and authorize the Mayor to execute
the attached contract.
COMMISSION/BOARD REVIEW, RECOMMENDATION:
N/A
FINANCIAL CONSIDERATIONS:
The City has submitted a grant application to the Urban Mass Transportation
Administration (UMTA) in the amount of $1,800,000 to contribute to the cost of
realigning the track and constructing a new railroad bridge. While all of the paperwork
for this grant has not yet been completed, we have received tentative approval from
UMTA for this project. Upon receipt of these funds, they will be forwarded to Amtrak
for disbursement to the contractors and other agencies actually constructing the
project. This project has not been included in the City's or Redevelopment Agency's
Capital Improvement Budgets as the money has not yet been received from the federal
government. In the event some minor costs are incurred for the acquisition of right-of-
way, it is expected that these costs would be born by the Community Redevelopment
Agency as this project is within the CRA project areas boundaries. However, until the
preliminary engineering on this project is completed, we will not know exactly how much
right-of-way is needed to complete the project. As currently scheduled, the timing of
the project will allow for City staff to include funding in the 1988-89 CRA Capital
Improvement Budget to plan for this ri ht -of -way acquisition cost.
61..
,1 ,.e�C li! CsUIt;14 AlENI]A :«r
0 0
AGENDA ITEM -2- June 16, 1987
NOTIFICATIONS•
N/A
ALTERNATE ACTIONS:
1. Move to approve the proposed agreement for the realignment of railroad track in
San Juan Capistrano and authorize the Mayor to execute the agreement.
2. Do not approve the proposed agreement for the realignment of track in San Juan
Capistrano.
3. Request more information from staff.
RECOMMENDATION:
Move to approve the proposed agreement for the realignment of railroad track in San
Juan Capistrano and authorize the Mayor to execute the agreement.
Respectfully submitted,
)nnifer illiams
JW:ja
Attachments
National Railroad Passenger Corporation
City of San Juan Capistrano
and
The State of California
Third Amendment to Agreement to Provide for Construction of a Track Connection at
Port Chicago, California and for Realignment of Track at San Juan Capistrano,
California.
This Third Amendatory Agreement made as of the 28th day of April 1987, by and
between National Railroad Passenger Corporation, a corporation organized under the
Rail Passenger Service Act and the laws of the District of Columbia and having its
principal office and place of business in Washington, DC, (hereinafter referred to as
"Amtrak") and the State of California, acting by and through its Department of
Transportation (hereinafter referred to as "the State") adds the City of
San Juan Capistrano (hereinafter referred to as "the City") as a party to the existing -
agreement between Amtrak and the State providing for realignment of track at
San Juan Capistrano, California on right-of-way owned and operated by the Atchison,
Topeka and Santa Fe Railway (hereinafter referred to as "Santa Fe").
WHEREAS, Amtrak and the State are parties to an Agreement dated April 20,
1982 as amended by Amendatory Agreement dated June 29, 1982 and by Second
Amendatory Agreement dated June 25, 1985, (hereinafter referred to as the
"Agreement") covering both realignment of track at San Juan Capistrano and the cost of
the New Port Chicago Connection, and;
WHEREAS, all payments has been made to Amtrak for the New Port Chicago
connection and;
WHEREAS, $1,204,896 in funds of the State remain available for this project,
and;
WHEREAS, the City is the recipient of a grant from the Urban Mass
Transportation Administration (hereinafter referred to as "UMTA") in the amount of
$1,800,000 to contribute to the cost of realigning the track at San Juan Capistrano
including the Construction of a new bridge, and;
WHEREAS, $600,000 of the State's funds as aforesaid will be used to match
the UMTA grant, and the remaining $604,896 will be used to cover costs in excess of the
combined State and UMTA matching funds as shown on the attached Estimate of Costs
(Exhibit A), and;
WHEREAS, UMTA requires grant recipients to comply with all applicable
federal rules and regulations, and;
0
WHEREAS, in accordance with Section 4(b) of Amendment 2 of Contract No.
64777, any contracts for design and construction of the tracks and bridge at San Juan
Capistrano will be awarded and administered by Santa Fe, and;
WHEREAS, the realigned track and relocated bridge will be located outside
the existing Santa Fe right of way, and;
WHEREAS, the City is solely responsible for acquiring the necessary right of
way and for negotiating a right of way exchange directly with the Santa Fe.
NOW, THEREFORE, in consideration of the mutual covenants herein
contained, the parties hereto agree as follows:
1. Amtrak agrees to serve as the agent for both the City and the State in all elements
of the project excluding acquisition of right-of-way; to instruct Santa Fe to comply
with the applicable federal rules and regulations, including maintenance of records
for audit by the City, State, and federal auditors; to ensure that the City and the
State have opportunity to review and approve proposals, plans, contact award and
change orders for work contracted out or performed by Santa Fe forces; to request
Santa Fe to provide to the City and the State copies of the contractor's billings at
the same time the original is forwarded to Amtrak; and to promptly make payment
to Santa Fe upon presentation of their bills. This payment procedure supersedes
Section 5 and 6 of Amendment 2 of Contract No. 64777.
2. The City agrees to provide the right-of-way for the project in an amount equal to
the existing right-of-way. The City to reimburse Amtrak within fifteen (15) days of
the receipt of the billings for progress payments for the UMTA share of the
construction costs.
3. Upon receipt of a billing from Amtrak, the State agrees to deposit its $1,204,896
with Amtrak to be used to expedite the payments to the contractors. Upon receipt
of progress billings from Santa Fe, Amtrak shall submit an invoice to the City for
75 percent of construction costs, up to a maximum of $1,800,000 (the UMTA share
of the project), and Amtrak shall submit an invoice to the State for 25 percent of
said construction costs up to a maximum of $600,000. If progress billings exceed the
total State and City shares described above, ($2,400,000), Amtrak shall bill the State
for 100 percent of such additional progress billings up to a maximum of $375,388.
The State also agrees to fully reimburse Amtrak for design costs up to a maximum
of $229,508. Any unused portion of State funds remaining on deposit with Amtrak at
the termination or completion of the project will be refunded to the State or used
for station improvements as agreed upon by the State.
4. The completion date is extended to June 30, 1990, contingent upon the
reappropriation of project funds by the California State Legislature.
5. All other terms and conditions of this contract remain in force.
0
0
IN WITNESS WHEREOF, the parties hereto have caused this Third
Amendatory Agreement to be executed by their duly authorized officers in multiple
original counterparts on the day and year first -above written.
Date:
Date:
NATIONAL RAILROAD PASSENGER CORPORATION
By:
Assistant Vice President
Government and Public Affairs
STATE OF CALIFORNIA
By:
Date: June 16, 1987 By:
CITY OF SAN JUAN CAPISTRANO
Anthony L. Bland, Mayor
ATTEST:
Mary Ann Hanover, City Clerk
APPROVED AS TO FORM:
John Shaw, City Attorney
Design Costs
Construction Costs
Contingencies
Total Estimate
0
Exhibit A
0
State's Share UMTA's Share Total
$229,508 $22//9,508
600,000 $1,800,000 400,000---`1
375,388 3//75,388
$3,004,896
2.
1NISTRATIVE ITEMS
AGER
AGREE T FOR AMBULANCE S [VICES (MEDIX AMBU
SERVICE I, ) (600.30/560.40
Written Communic 'ons:
Report dated June1987, Ir
forwarding an agrementeth 'WJE
of primary emergency ambu ce
December 31, 1988.
Approval of A reemen
It was moved by ncilman Hau:
and unanimo carried to appr
Emer a Medical Transport loll
of stin, and to authorize
greement on behalf of the City.
WITH AMTRAK AND
the wr Administrative Assistant,
Mance Service, Inc., for provision
nsport :n the City for a term ending
fer, s-ftonded by Councilman Buchheim
the afire frit for the provision of
vices with �x Ambulance Service,
Kt
and City C to execute the
Written Communications:
Report dated June 16, 1987, from the Senior Administrative Assistant,
forwarding an agreement with Amtrak and Caltrans which would provide for
the realignment of a segment of railroad track in the City and construction of
a new railroad bridge just south of San Juan Creek Road. Pursuant to the
agreement, the City will be responsible for acquiring the necessary
right-of-way and for negotiating a right-of-way exchange directly with the
Atchison, Topeka and Santa Fe Railroad. The City has submitted a grant
application to the Urban Mass Transportation Administration in the amount of
$1,800,000 for the project and tentative approval has been received. Due to
timing of the project, funding will be included in the 1988-89 Community
Redevelopment Agency Capital Improvement Budget for right-of-way
acquisition costs.
Approval of Agreement:
It was moved by Councilman Schwartze, seconded by Councilman Friess and
unanimously carried to approve the Third Amendment to Agreement to
Provide for Construction of a Track Connection at Port Chicago, California,
and for Realignment of Track at San Juan Capistrano, California, dated
April 28, 1987, and to authorize the Mayor and City Clerk to execute the
agreement on behalf of the City.
Written Communications:
Report dated June 16, 198
the western ridgel' t a
within t s sphere o1
COUNSEL
s entirely outside of theme,
influencel for at least 13 years
10
that although
ts, it has been
d-i1l_City has
6/16/87