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Agenda Item
ASR
Control 23-000781 |
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MEETING
DATE: |
12/19/23 |
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legal entity taking action: |
Board
of Supervisors |
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board of supervisors district(s): |
4 |
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SUBMITTING Agency/Department: |
OC
Public Works (Approved) |
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Department contact person(s): |
Fiona
Man (714) 647-3953 |
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Melissa
Pasa (714) 647-3977 |
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Subject: Approve Agreement for Gilbert
Street Improvements at Railroad Crossing Project
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ceo CONCUR |
County Counsel Review |
Clerk of the Board |
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Concur |
Approved
Agreement to Form |
Discussion |
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3
Votes Board Majority |
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Budgeted: Yes |
Current Year
Cost: See Financial
Impact Section |
Annual Cost: See Financial Impact Section |
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Staffing Impact: |
No |
# of Positions: |
Sole Source: N/A |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 6/6/2023 #11, 7/27/2021 #10 |
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RECOMMENDED
ACTION(S):
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1. |
Approve Public Highway At-Grade Crossing
Agreement between the County of Orange and Union Pacific Railroad Company for
the construction, use, maintenance and repair of the Gilbert Street
Improvements at Railroad Crossing (Phase 2) Project, in the one-time amount
not to exceed $722,631 to execute the Project and annual maintenance costs of
$11,444, effective upon Board of Supervisors approval and shall continue in
full force and effect for as long as the Roadway remains on the Railroad's
property. |
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2. |
Authorize the Director of OC Public
Works or designee to execute future amendments to the Public Highway At-Grade
Crossing Agreement, provided those amendments do not increase a financial
obligation on the part of the County of Orange by more than 25 percent of the
original agreement amount with a maximum increase of $200,000. |
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3. |
Approve and accept the Nonexclusive
At-Grade Easement Deed for Parcel Z58-252 from Union Pacific Railroad Company
for the transfer of the easement rights. |
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4. |
Return the executed documents to OC
Public Works for further processing. |
SUMMARY:
Approval of the Public Highway
At-Grade Crossing Agreement between the County of Orange and Union Pacific
Railroad and approval and acceptance of the Nonexclusive At-Grade Easement Deed
for the construction and post-construction maintenance responsibilities of the
Gilbert Street Improvements at Railroad Crossing (Phase 2) Project that will
support pedestrian and traffic safety.
BACKGROUND
INFORMATION:
The Gilbert Street Improvements at
Railroad Crossing (Phase 2) Project is located at the intersection of Gilbert
Street and Pacific Place, about 40 feet south of the Union Pacific Railroad
(UPRR) railroad crossing, within unincorporated Orange County and the City of
Stanton shown on Project Location Map (Attachment A). The Project is included
in the OC Public Works 7-Year Capital Improvement Program FY 2023-24 through FY
2029-30 adopted by the Board of Supervisors (Board) on June 6, 2023.
In 2016, OC Public Works completed
a road diet project on Gilbert Street to improve the roadway configuration from
a 4-lane to a 3-lane roadway with dedicated bike lanes, herein referred to as
the Gilbert Street Improvements (Phase 1) Project (Project). Subsequently, the
California Public Utilities Commission contacted OC Public Works, stating that
the uncontrolled left turn movement from Pacific Place could be a potential
hazard due to the intersection’s proximity to the railroad tracks and the
frequency of school buses accessing the Magnolia School District’s Maintenance,
Operations and Transportation Service Center. OC Public Works conducted a
traffic study at the intersection in compliance with the California Manual on
Uniform Traffic Control Devices. The study recommended new traffic signal
control at the intersection of Gilbert Street and Pacific Place. On July 27,
2021, the Board adopted Resolution No. 21-087 to establish traffic signal
control at the intersection of Gilbert Street and Pacific Place.
The Project will install new
traffic signals at this intersection with railroad grade crossing protection
devices, including new railroad crossing gates and raised center medians, new
Americans with Disabilities Act compliant curb ramps and sidewalks and asphalt
roadway and concrete railroad panel restoration. These improvements will
enhance traffic flow for vehicles, discourage vehicles from circumventing the
lowered railroad gates and improve the pedestrian path of travel.
Implementing these improvements
requires UPRR and the County of Orange (County) to enter into a cooperative
Public Highway At-Grade Crossing Agreement (Agreement), Attachment B. The
Agreement stipulates the construction and maintenance responsibilities of both
entities. The County is solely responsible for all Project costs. UPRR has
agreed to grant the County the additional easement rights to facilitate the
construction of the Project per the Nonexclusive At-Grade Easement Deed
(Easement), Attachment C. Upon execution of the Agreement, the County will pay
$66,025 to obtain rights from UPRR to execute the Project.
UPRR will perform construction on
the railroad tracks and panels and the County will perform all remaining work.
UPRR construction costs are estimated at $656,606 for their portion of work,
but actual costs won’t be known until construction bids are received. UPRR will
also perform maintenance of the signal system and roadway surface between the
track tie ends within the crossing, for a total ongoing, annual fee of $11,444.
The annual maintenance costs are estimated by UPRR based upon material and
force account estimates and following the American Railway Engineering and
Maintenance-of-Way Association cost indexes.
OC Public Works is recommending
Board approval of Agreement MA-080-24010466 between the County and UPRR for the
Project, effective upon Board approval through the day the at grade public road
crossing over Gilbert Street remains on UPRR property; requesting delegated
authority to the Director of OC Public Works or designee to execute future
amendments to the Agreement, provided those amendments do not increase
financial obligations on the part of the County by more than 25 percent of the
original Agreement amount with a maximum increase of $200,000; and approval and
acceptance of the Easement for Parcel Z58-252 from UPRR for the transfer of
road easement rights.
The delegated authority to the
Director of OC Public Works or designee to execute amendments to the Agreement
under certain conditions is in alignment with the 2020 Design and Construction
Procurement Policy Manual, Sections 3 and 4 for Changes, Amendments and
Extensions for OC Public Works Architect-Engineer Service Contracts and Construction
Contracts, as UPRR will be providing OC Public Works design and construction
services to implement these improvements.
The County’s portion of the
construction for the Project will be solicited utilizing the Design-Bid-Build
Project Delivery Method and OC Public Works will return to the Board for
approval of a contract for construction services at a later date.
General
Plan Conformity:
The proposed Project is in conformance with the City of Stanton’s General Plan.
Compliance
with CEQA:
The proposed Project was previously determined to be Categorically Exempt from
CEQA pursuant to CEQA Guidelines Sections 15301 and 15303 (Class 1 and 3)
because the exemptions provide for maintenance of existing streets and
installation of electrical and other utility extensions and street
improvements. The Notice of Exemption was filed with the OC Clerk-Recorder on
July 28, 2021. The proposed Project is still consistent with this
determination.
FINANCIAL
IMPACT:
Appropriations for this Agreement
are included in Fund 174, OC Road – Capital Improvement Projects, FY 2023-24
Budget and will be included in the budgeting process for future years.
Upon execution of the Agreement,
the County will pay $66,025 to obtain rights from UPRR to execute the Project.
The County is solely responsible for all Project costs, including an estimated
$656,606 for UPRR's portion of work, but actual costs won’t be known until
construction bids are received.
Ongoing annual maintenance costs of
$11,444 will be included in future Fund 115, OC Road, recommended budgets.
These annual fees may be re-established every five years to account for
escalation.
The Railroad, if it so elects, may
terminate this Agreement effective upon delivery of written notice to the
County in the event the County does not commence construction on the portion of
the Project located on the Railroad’s property within 12 months from the
effective date. Upon the completion of the Project, the Agreements shall
terminate and the terms and conditions of this Agreement shall govern the use,
maintenance and repair of the roadway.
STAFFING
IMPACT:
N/A
ATTACHMENT(S):
Attachment
A - Project Location Map
Attachment B - Public Highway At-Grade Crossing Agreement MA-080-24010466
Attachment C - Nonexclusive At-Grade Easement Deed for Parcel Z58-252
Attachment D - Real Estate Acquisition Questionnaire