08-1110_ORANGE,COUNTY OF_Agenda Report_D11_2010 7/612010
AGENDA REPORT D11
TO: Joe Tait, City Manage
FROM: Nasser Abbaszadeh, Public Works Director
SUBJECT: Consideration of Amendment Number Two to Agreement Number
C-8-0861 with Orange County Transportation Authority for Railroad Grade
Crossing Safety Enhancements and Safety Measures related to Quiet
Zone Implementation
RECOMMENDATION
By motion, approve Amendment Number Two to Agreement Number C-8-0861 between
Orange County Transportation Authority (OCTA) and the City for Railroad Grade
Crossing Safety Enhancements and Safety Measures related to Quiet Zone
Implementation and the increased project costs of$269,210.
Background
The City Council approved the original Agreement on November 10, 2008, and it
expired on December 31, 2009. Due to delays in project start, Amendment Number One
was approved by the City Council and extended the Agreement to August 31, 2012.
Amendment Number Two shows an increase in our share of the project costs by
$269,210. OCTA Board of Directors has approved the extra costs and the same
percentage increase in the project cost applies to all participating cities.
OCTA staff has informed us that the cost increase to the project is primarily associated
with manpower rates relating to railroad signal construction. The original Cooperative
Agreement costs were based on the design engineer's estimate at 30% plan completion
stage. The estimate for signal construction labor costs were based on then-existing
Southern California Rail Road Authority (SCRRA) signal construction contract from
2003.
The railroad construction market has changed significantly from that time, with
manpower rates increasing approximately 35%. In addition, new construction oversight
requirements were instituted by SCRRA, requiring signal contractors to employ
additional office engineering support.
Quiet Zone
A change in federal regulations on the use of train horns created a problem for
residential communities near rail road tracks. For safety considerations, passing trains
Agenda Report July 6, 2010
Page 2
sound their horns for long periods of time and rob people from their comfort and sleep at
night.
To combat the noise problem, under the federal rules, it is possible to establish "Quiet
Zones" (QZ) at public rail road crossings once certain safety enhancements have been
implemented. To enhance safety, raised median islands and/or gates are proposed at
the five public City crossings:
• Del Obispo
• La Zanja
• Verdugo
• Oso, and
• Aeropuerto
OCTA is the owner of the tracks in San Juan Capistrano and has initiated a project to
improve railroad crossings in participating cities that include San Juan Capistrano, Dana
Point, San Clemente, Irvine, Tustin, Anaheim, Orange, Yorba Linda, Placentia, and
Fullerton.
COMMISSIONS/BOARD REVIEW RECOMMENDATIONS
N/A,
FINANCIAL CONSIDERATIONS
The original required City's match (12% of the total project cost) was $864,372 and the
City's CIP had the necessary funds for the project. The new increase of $269,210 will
be programmed in FY2010-2011.
NOTIFICATION
Orange County Transportation Authority
Agenda Report July 6, 2010
Page 3
RECOMMENDATION
By motion, approve Amendment Number Two to Agreement Number C-80861 between
Orange County Transportation Authority (OCTA) and the City for Railroad Grade
Crossing Safety Enhancements and Safety Measures related to Quiet Zone
Implementation and the increased project costs of $269,210.
Respectfully submitted:
Nasser Abbaszadeh, PE
Public Works Director
Attachments: 1, Amendment Number Two.
1 AMENDMENT NO. 2 TO
z AGREEMENT NO, C-8-0881
3 BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
i
s AND
6 CITY OF SAN JUAN CAPISTRANO
3
7 FOR
8 RAIL-HIGHWAY GRADE CROSSING SAFETY ENHANCEMENTS
9 AND
10 SAFETY MEASURES RELATED TO QUIET ZONE IMPLEMENTATION FOR CITIES
THIS AMENDMENT NO. 2 is effective this day of 2010, by and
between the Orange County Transportation Authority ("AUTHORITY"), and the City of San Juan
E
13 Capistrano("CITY").
la WITNESSETH:
i
15 WHEREAS, by Agreement No. C-8-0851 dated November 10, 2008, as last changed by
1G Amendment No. 1 dated February 19, 2010, AUTHORITY and CITY entered into a cooperative
17 agreement for rail highway grade crossing safety enhancements and safety measures related to
is quiet zone implementations; and
19 WHEREAS, AUTHORITY and CITY agree to increase the 12% cost share to include the
20 construction cost increase associated with signal material and railroad signal installation labor; and
zl WHEREAS, the AUTHORITY's Board of Directors approved this Amendment on
22
�3 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY that
za Agreement No. C-8-0851 is hereby amended in the following particulars only;
25 Amend ARTICLE 4. RESPONSIBILITIES OF CITY, paragraph M, Page 8 of 14, to delete
26 in its entirety and in lieu thereof insert:
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U:CACdIMCLEMCALIWORDPROCIRGREEtAMENMAM280881,DOG
Page 1 of 3
3
l ATTACIgMENT 1
AMENDMENT NO. 2 TO
AGREEMENT NO. C-8-0861
M. The estimated expenditure schedule for the CITY'S local matching funds is as follows;
2 CITY'S SHARE (12 PERCENT) OF
3 FISCAL YEAR ESTIMATED PROJECT COST
4
5 2008/2009 $251,331
6 2009/2010 $586,440
7 2010/2011 $269,210
$
2011/2012 �0
9 TOTALS $1.106.981 "
ID Amend Exhibit A, section OCTA GRADE CROSSING SAFETY ENHANCEMENT
PROGRAM COST ESTIMATE CITY OF SAN JUAN CAPISTRANO, to delete in its entirety and
12 replace with, OCTA GRADE CROSSING SAFETY ENHANCEMENT PROGRAM COST
13 ESTIMATE CITY OF SAN JUAN CAPISTRANO, Exhibit 8, Amendment No. 2, attached hereto
14 and made part hereof.
15 /
16 /
17 /
18 /
19 /
20 /
21 /
22 /
23 J
24 /
25 f
26 J
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L:ICAMMtCLERICALMORDPROM AGREE%MENMAM28086?.DOC
Page 2 of 3
AMENDMENT NO. 2 TO
AGREEMENT NO. C-8-0861
1 The balance of said Agreement remains unchanged.
2 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to
3 Agreement No. C-8-0861 to be executed on the effective date above written.
4
CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY TRANSPORTATION AUTHORITY
s
6 By: By:
7 Dr. Londres Uso Will Kempton
Mayor Chief Executive Officer
8 ATTEST: AP PR ED AS TO FORM
9
By: By:
10 Maria Morris Kennard R. Smart, Jr.
11 City Clerk General Counsel
12 APPRO, VED AS TO FORM. - APPROVAL. RECOMMENDED:
; � o r
13
14 Special Counsel Darrell Johnson
Deputy, Chief Executive Officer
15 Dated:
Dated:
16
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L:ICAMMICLERtCALIWORDf'ROCIAOREEIAA4END\AM280861.DOC
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AMENDMENT N0. 2 TO
AGREEMENT N0. C-8-0861
EXHIBIT vgBvf
OCTA GRADE CROSSING SAFETY ENHANCEMENT PROGRAM
i
REVISED COST ESTIMATE
CITY OF SAN JUAN CAPISTRANO
Original
Original Estimate at EAC City City Share
Items Coop Cost Coop City Completion Snare(12%) Difference
Share (12%) (EAC}
SCRRA Agency Costs
Design, Survey, PM, CM, $2,251,423 $270,171 $2,356,082 $282,730 $12,559
Flagging, Permitting.
J
I
Civil Safety Enhancements $2,045,580 $245,950 $1,553,218 $186,386 -$59,563
RR Signal Improvements $1,929,000'; $231,480 $4,152,782 $498,334 $266,854
Utility Costs $90,000 $10,800 $17,446 $2,094 -$8,706
ROW Costs $25,400 $3,048 $13,000 $1,560 -$7.,488
i
E
Project Contingency&Inflation $636,023 $76,323 $1,132,317 $1.35,878 $59,555
E
Grand Totall $6,981.,426 $837,771 $9,224,845 $1,106,981 $269,210
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Last Revision 05/20/10