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HomeMy WebLinkAbout05 RAILWAY QUIET ZONE 09-20-04 AGENDA REPORT Agenda Item 5 Rewewed: ~ City Manager Finance Director MEETING DATE: SEPTEMBER 20, 2004 FROM: WILLIAM A HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION TO: SUBJECT: APPROVAL OF CONSULTING SERVICES AGREEMENT FOR RAILWAY QUIET ZONE EVALUATION AT THE RED HILL AVENUE/ OCTNSCRRA RAILWAY CROSSING SUMMARY The approval of a Consultant Services Agreement with Aztec Engineering California, Inc. will provide the engineering services related to the evaluation of a Quiet Zone at the Red Hill Avenue/Orange County Transportation Authority (OCTA)/Southern California Regional Rail Authority (SCRRA) railway crossing. RECOMMENDATION It is recommended that the City Council approve the Consultant Services Agreement with Aztec Engineering California, Inc., for the evaluation of a Quiet Zone at the Red Hill Avenue/OCTNSCRRA railway crossing in the amount of $10,000.00, and authorize the Mayor and City Clerk to execute the Consulting Services Agreement on behalf of the City. FISCAL IMPACT The cost of services to be performed for this evaluation study is $10,000.00. These services will be performed during FY 2004/05. The f'y 2004/05 Capital Improvement Program budget for the Red Hill Avenue Grade Separation at OCTNSCRRA Railway/Edinger Avenue (CIP No. 7175) has $530,000.00 allocated for preliminary studies such as this. BACKGROUND In the past, the City has received a petition from residents and letters from the Tustin Meadows Community Association requesting the City to address train horn noise and consider the establishment of a Quiet Zone through the Red Hill Avenue railway crossing. According to OCTA there are currently 79-trains per day that travel through the Red Hill Avenue railway grade crossing. The five-year projection by OCTA identifies an increase to 93-trains per day. Approval of Consulting Services Agreement for Railway Quiet Zone Evaluation at the Red Hill Avenue/ OCTNSCRRA Railway Crossing September 20, 2004 Page 2 The sounding of train horns in advance of highway-rail grade crossings has been used as a universal safety precaution by railroads since the late 1800s. California State law requires all trains to sound horns as they approach highway-rail grade crossings and does not provide for the establishment of Quiet Zones within the State. In December 2003, the Federal Railway Administration (FRA) issued an Interim Final Rule providing local communities the opportunity to quiet train horns if important safety requirements are met. By law, the Final Rule will take effect in December 2004 and will require the sounding of train horns at all public highway-rail grade crossings. The Final Rule also contains provisions that set a maximum sound level for train horns, limits sound directed to the side, prescribes when and how to sound the horns, and provides for the establishment of Quiet Zones. The Final Rule will preempt existing State and local laws currently governing the sounding of train horns. The Consultant Services Agreement with Aztec Engineering California will provide for the services to evaluate the existing Red Hill Avenue/OCTNSCRRA railway grade crossing and recommend improvements that would bring the grade crossing into compliance with FRA requirements to establish a Quiet Zone. Under the Federal rule, the recommended improvements will need to be tested through the FRA Quiet Zone Calculator to determine applicability and compliance for approval of a Quiet Zone by the FRA. The City's Seven-Year Capital Improvement Project Program includes the Red Hill Avenue Grade Separation at OCTNSCRRA Railway/Edinger Avenue (CIP No. 7175) project that identifies a future grade separation of Red Hill Avenue and the railway. The City has recently received proposals for conceptual planning that will be initiated in this fiscal year and completed in next fiscal year. The grade separation is expected to cost approximately $25 million and currently has funding in the amount of $2.23 million. Future funding for this project is uncertain at this time, but the City is working with OCTA to identify and apply for any available funding opportunities. CONCLUSION The Consultant Services Agreement with Aztec Engineering California, Inc. for the evaluation of a Quiet Zone at the Red Hill Avenue/OCTNSCRRA railway grade crossing is attached for information. The City Attorney has reviewed and approved this agreement as to form. f'Æ~¡( ~~ Director of Public Works/City Engineer ~/~~ / Dana R. Kasaan Engineering Services Manager Attachments: Location Exhibit Consultant Services Agreement z 0 f- « 0 0 -1 f- 0 w ð c: Il.. ~ « II: w ~ @ -- >- ~ ...J ~ Œ ~ a g !;( z 0 ~ a: ~ ~ ~ ~ ::1 Ï 0 W II: ÜJ ?i z t> w Ó II: a.. CONSULTANT SERVICES AGREEMENT THIS AGREEMENT FOR CONSULTANT SERVICES, is made and entered into this - day of ,20_, by and between the CITY OF TUSTIN, a municipal corporation, hereinafter referred to as "City", and Aztec Engineering California, Inc., a California Corporation, hereinafter referred to as "Consultant". RECITALS WHEREAS, City requires the services of a consultant to furnish the necessary engineering services related to the evaluation of a Quiet Zone at the Red Hill Avenue/OCTAlSCRRA at-grade railway crossing; and WHEREAS, Consultant has submitted to City a proposal dated January 14, 2004, a copy of which is attached hereto, marked as Exhibit "A" and is by this reference incorporated into this Agreement; and WHEREAS, Consultant is qualified to provide the necessary services for the Project and desires to provide said services to City; and WHEREAS, City desires to retain the services of Consultant for said Project. NOW, THEREFORE, for the consideration and upon the terms and conditions hereinafter set forth, the parties agree as follows: AGREEMENT Section 1: Scope of Consultant's Services Consultant shall perform all work necessary to complete in a manner satisfactory to City, the services set forth in Exhibit "A" in accordance with the terms and conditions of this Agreement. AGREEMENT Section 1: Scope of Consultant's Services Consultant shall perform all work necessary to complete in a manner satisfactory to City, the services set forth in Exhibit "A" in accordance with the terms and conditions of this Agreement. Section 2: Order of Precedence In the event of a conflict between or among any of the documents comprising this Agreement, the following order of precedence shall govern the provision in question: 1. This Agreement 2. Consultant's Proposal (Exhibit "A") Section 3: Time for Completion The time for completion of the work to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to reasonable schedules established by the City for various items described and as outlined within Consultant's proposal. Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Section 4: Compensation A. The compensation to be paid under this Agreement shall be as set forth in Exhibit "A", which shall not exceed a total cost of $10,000.00. B. Consultant shall submit detailed invoices, based upon the actual work performed accompanied by backup documentation as requested by the City. C. Progress payments for work completed shall be paid by City as the work progresses, within thirty (30) days of the date of Consultant's invoice. D. Consultant shall provide City with a monthly itemization of all work performed, and the fees accrued thereon, in complete and sufficient detail to fully apprise City thereof. 2 A. Section 5: Independent Contractor Consultant's relationship to City in the performance of this Agreement is that of an independent contractor. Consultant's personnel performing services under this Agreement shall at all times be under Consultant's exclusive direction and control and shall be employees of Consultant and not employees of City. Consultant shall pay all wages, salaries and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers' compensation and similar matters. Section 6: Indemnification Consultant agrees to indemnify, defend and hold City, its officers, agents, employees, successors and assigns harmless from any loss, damage, injury, sickness, death, or other claim made by any person and from all costs, expenses and charges including attorney's fees caused by or arising out of Consultant's, its officers', agents', subcontractors', or employees' negligent acts, negligent errors, or negligent omissions or willful misconduct, or conduct for which the law imposes strict liability on Consultant in the performance or failure to perform this Agreement. Section 7: Insurance Consultant shall maintain in full force and effect during the term of this Agreement policies of commercial general liability and automobile liability insurance (each of which shall include property damage and bodily injury) and each with limits of at least $1,000,000 combined single limit coverage per occurrence. B. Consultant shall maintain in full force and effect during the term of this Agreement a policy of professional liability insurance coverage with limits of at least $1,000,000 combined single limit coverage per claim or per occurrence. If Consultant provides claims made professional liability insurance, Consultant shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement or to cover claims made within five (5) years of the completion of Consultant's service under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier, or with an equivalent carrier in the amount required by this Agreement for at least five (5) years after completion of Consultant's services under this Agreement. Consultant shall also provide evidence to the City of the purchase of the required tail insurance or continuation of the professional liability policy by executing the attached Letter Agreement on Consultant's letterhead. 3 C. Consultant shall carry and pay for such workers' compensation insurance as is required to fully protect Consultant and its employees under California Worker's Compensation Insurance Law. The insurance company shall agree to waive all rights of subrogation against the City for losse¡¡ paid under the policy, which losses arose from the work performed by the named insured. D. Other applicable insurance requirements are: (1) Name the City, its officials and employees as an additional insured on the commercial general liability and automobile liability insurance policies. (2) The insurance shall be issued by a company authorized by the Insurance Department of the State of California and rated A, VII (seven) or better (if an admitted carrier) or A-, X (ten) or better (if offered by a surplus line broker), by the latest edition of Best's Key Rating Guide, except that the City will accept workers' compensation insurance rated B-, VII (seven) or better, or from the State Compensation Fund. (3) The Insurance shall not be cancelled, except after thirty (30) days written prior notice to the City; and (4) The commercial general liability and automobile liability insurance shall each be primary as respects the City, and any other insurance maintained by the City shall be in excess of this insurance and not contribute to it. E. Upon execution of this Agreement, Consultant shall provide to City certificates of insurance and insurer endorsements evidencing the required insurance. Insurer endorsements (or a copy of the policy binder if applicable) shall be provided as evidence of meeting the requirements of Subsections (1)(3) and (4) of Section 70 above and the waiver of subrogation requirement in Section 7C above. If self- insured for worker's compensation, Consultant shall submit to City a copy of its certification of self-insurance issued by the Department of Industrial Relations. Section 8: Termination of A~reement A. B. C. City and Consultant shall each have the right to terminate any or all of the services covered by this Agreement at any time for any reason by giving ten (10) business day written advance notice to the other party. Upon termination of this Agreement, Consultant shall be paid for services rendered by the effective date of the termination. Upon termination of this Agreement or completion of the Project, all documents relating to the Project shall become the sole property of City. Should City terminate this Agreement pursuant to subparagraph A. of this Section, Consultant shall, within ten (10) business days of receipt of notice of termination, provide City with all documents within Consultant's possession relating to this Agreement and the Project, including but not limited to all completed documents and all drafts of uncompleted documents. 4 Section 9: Notices Any notice allowed or required to be given shall be effective upon personal delivery thereof, or upon depositing thereof in the United States Postal Service, certified mail, return receipt requested, postage prepaid, addressed as follows: To City: City of Tustin Attn.: Director of Public Works/City Engineer 300 Centennial Way Tustin, CA 92780 To Consultant: Aztec Engineering California, Inc. Attn: Mr. Frank Sherkow One Corporate Park, Suite 101 Irvine, CA 92606 Section 10: Miscellaneous Provisions A. Consultant shall proceed immediately and diligently to perform the services provided for in this Agreement upon receipt of notice from City to proceed therewith. B. No part of this Agreement may be assigned by Consultant without the prior written approval of City. C. This Agreement shall extend to and be binding upon and inure to the benefit of heirs, executors, administrators, successors and assigns of the respective parties hereto. D. Consultant shall perform all services required under this Agreement using that degree of care and skill ordinarily exercised under similar conditions in similar localities, and shall be responsible for all errors and omissions for services performed by Consultant under the terms of this Agreement. E. Consultant certifies that there shall be no discrimination against any employee who is employed in the work covered by this Agreement, or against any application for such employment, because of race, religion, color, sex, or national origin including but not limited to, the following: employment, upgrading, demotion or transfer, recruitment, or recruitment advertising, lay-off or termination, rate of payor other forms of compensation, and selection for training, including apprenticeship. F. This Agreement shall be interpreted in accordance with California Law. The parties agree that the Orange County Superior Court is the exclusive venue for any lawsuits by either party regarding this Agreement. 5 IN WITNESS WHEREOF, this Agreement was executed by the parties on the day and year first above written. "CITY" CITY OF TUSTIN By Title ATTEST: Pamela Stoker, City Clerk APPROVED AS TO FORM: /.-.,; t ~ Lois E. Jeffrey, ity rn "CONSULTANT" AZTEC ENGINEERING CALIFORNIA, INC. \) ~A~ '- ~ By H~/'f)A~'T rtJ-T5L Title c80 6 AZTEC, wwW,'""".us 0". C"'pocate Pac' Su"e 101 '""ne, CA 92606 949-852-4611 949-852-4675 EXHIBIT "A" january 14,2004 Mr. Tim D. Serlet, Director City of Tustin 300 Centennial Way Tustin, CA 92780-3715 RE: Proposal for Consulting Services Concerning Traffic and Engineering Related Issues and the Elimination of Train Horns and Establishment of a Quiet Zone at Red Hill Avenue Dear Mr. Serlet: AZTEC Engineering appreciates the opportunity to provide this proposal for consulting services related to traffic and transportation services, specifically related to the elimination of train horns and establishment of a Quiet Zone at the Red Hill Avenue crossing. Background The Federal Railroad Administration (FRA) issued an Interim Final Rule (December 18, 2003) providing local communities the opportunity to silence train horns at railroad crossings. The rule will allow local communities to quiet train horns at some 150,000- railroad crossings nationwide if important safety requirements are met. The agency describes specific standards. Local decision-makers can use procedures and improvements to silence locomotive horns, while improving safety at public highway-rail grade crossings. Several procedural options will not require approval from FRA (other options would require their approval). However, analysis, notification, enforcement and monitoring will be required. Local liability issues will still be a major consideration, beyond the requirements established in the Interim Final Rule. Local jurisdictions may want to go beyond the minimum requirement noted in the Federal Register. Elected officials, city management, public safety officials. city attorney, and risk management staff will want to carefully look at these options. In addition, the conditions at these crossings will likely change over time. Increases in vehicular traffic and the number of (and length of) trains will change the conditions, which may include congestion and delays at these crossings and at nearby intersections. Careful documentation of any conditions and justification for improvements associated with the establishment of a Quiet Zone should be a top priority so that the City can defend its decisions in the future. Page 2 Mr. Tim Serlet City of Tustin January 14, 2004 Under the Federal rule, local governments will have the opportunity to establish quiet zones in certain areas where there is a low risk of collision, or to make specific upgrades meant to lessen the risk where the hazards are greater. The upgrade options include the installation of crossing gates that block both lanes of traffic in both directions or some type of approved median divider (to prevent drivers from crossing lanes to go around a lowered gate), the temporary closure of a crossing, or a one-way street with gates and lights. [The Red Hill Avenue crossing currently possess some of these same safety features.] The rule also allows use of an automated horn system to be installed at the crossing as a substitute for the train horn. By law, the final rule will take effect December 18,2004, one year following the date of its publication, but communities with existing whistle bans will have at least five years to implement the requirements. FAA will not require that locomotive horns be sounded at private highway-rail crossings instead leaving those decisions to the States. According to the FAA, "The rule will pre-empt existing State and local laws governing the sounding of locomotive horns." However, it is not clear that the California Public Utility Commission (PUC) will agree with this interpretation. The PUC presently has a pilot program underway concerning the same issue. They may wish to chart a different course of action. Range of Services We understand that you desire me (with the support of my firm) to spearhead the traffic and transportation duties necessary to achieve the development and establishment of a quiet zone in order to eliminate the train horn blowing at the Red Hill Avenue railroad crossing. Based on our discussions on January 7, 2004, we have assembled the following proposal of professional services: . Task I Assemble and Interact with Diagnostic Team (called for in the Rule) Task 2 Collect Necessary Data and Update as Required Task 3 Establish Quiet Zone Alternative Scenarios Task 4 Test and Evaluate Scenarios Task 5 Present Options and Findings to City Officials for Direction Task 6 Finalize Preferred Alternative for Official Submittal Task 7 (Optional) Conduct Public Workshop and Outreach Task 8 (Optional) Interact with the California PUC, if necessary (based on possible conflicts between State and Federal rules) Task 9 (Optional) Traffic Simulations and Analysis Task 10 (Optional) Other Work, as directed . . . Page 3 Mr. Tim Serle! City of Tustin January 14, 2004 Tasks 7 - 10 are listed as "OptionaL" The City could direct AZTEC to undertake these items as it wishes. The following is a summary of each task listed above: Task I Assemble and Interact with Diagnostic Team - The FAA rule calls for the appropriate public authority (in this case, the City) to assemble a Diagnostic Team in order to act as a Project Team for the development of the Quiet Zone. The Team is a group of knowledge representatives who, using crossing safety management principles. evaluate conditions at a grade crossing to make determinations or recommendations for the public authority concerning safety needs at that crossing. We will recommend the membership of the Team, and hold regular meetings concerning the development of the Quiet Zone. Information for the Team to consider will include: street volumes, speed limited, train speeds. accident history, school and transit bus usage, lines of sight, street configuration, existing crossing safety devices, nearby intersections, future train and traffic volumes, vertical and horizontal alignment, warning device violation history, and related issues. Several field visits are planned. Task 2 Collect Necessary Data and Update as Required - We will work with the Team and other agencies/individuals to collect and update required data. Due to the anticipated groWth (traffic and land use) in the area, we propose to collect data for existing conditions. an intermediate date, and the long-term date. This will allow the City to determine what facilities (if any) will be required for the Quiet Zone now, and in the future. Task 3 Establish Quiet Zone Alternative Scenarios - Using input from the City, with advice from the Team, we will establish several scenarios. These scenarios will cover current and future conditions. Task 4 Test and Evaluate Scenarios - These scenarios will be tested through the FAA Quiet Zone Calculator. An implementation schedule and cost estimate will be developed for each scenario through work with staff. Some of these scenarios may have little or no costs. Some may require FAA approval, and others may not. Monitoring and reevaluation processes may also differ. All of these issues will be documented. Task 5 Present Options and Findings to City Officials for Direction - The results of the testing process will be shared with the City and Team. Feedback and recommendations will be solicited. Presentations will be made to staff and other City bodies as desired. Task 6 Finalize Preferred Alternative for Official Submittal - Based on policy direction from the City, we will finalize the appropriate submission to FAA. including required notices. Task 7 (Optional) Conduct Public Workshop and OUtreach - If the City desires, we will conduct or support additional public meetings or workshops (those meetings needed to Page 4 Mr. Tim Serlet City of Tustin January 14, 2004 present material to City bodies are included in Task 5). These could be held to inform the public concerning the process and possible outcomes, and to collect input from the public concerning projects options, use of public funds, possible traffic impacts, and related issues. If you desire a brochure, project fact sheet and, even, a Web site (or extension of the City Web site could be produced for information and project feedback. (AZTEC has professional in-house who have produced these items for other projects.) Task 8 (Optional) Interact with the California PUC, if necessary (based on possible conflicts between State and Federal rules) - Although the Interim Final Rule states that it supercedes State and local laws and rule concerning the same issue, it is current uncertain as to how the California PUC will react to this process. If additional approvals will be required by PUC, we will provide or support such applications and/or presentations as may be required. Task 9 (Optional) Traffic Simulations and Analysis - Due to the close proximity of the railroad crossing to the Edinger Avenue/Red Hill Avenue intersection and the level of congestion that might occur between the two points (i.e., crossing and intersection), we will provide Sim Traffic computer simulations for several scenàrios. These will be presented to the City in order to provide additional input for future actions. The scenarios could cover several time periods. Task 10 (Optional) Other Work, as direCted - We will períorm additional items that the City may direct us to undertake based upon further scope and budget changes. Key Personnel - Frank Sherkow My experience covers more than 25 years. This includes expertise in transportation and traffic engineering, urban and transportation planning and design, transit planning, airport development and operations, transportation construction/operations/ maintenance, project management, as well as public and private finance development, public outreach, and experience in service and facility privatization and managed competition. I have held senior executive positions in state, regional and local transportation agencies since 1978 and in Southern California since 1990. This includes extensive experience in highways, streets and roads, public transit, and airports. My professional licenses include Traffic Engineer (CA), Civil Engineer (NV), Professional Engineer (WI, OH, and UT). I was appointed as Riverside County's first Director of Transportation and the first Director for the County's Transportation and land Management Agency. This latter position included management of six General Aviation Airports and the County's Planning and Transportation departments. Governing magazine recognized me as one of the Top 50 County Public Works Directors in the nation. Page 5 Mr. Tim Serlet City of Tustin January 14, 2004 AZTEC also has other talented and highly-qualified personnel, including traffic engineers, bridge engineers, roadway and freeway engineers, planners, environmentalists, construction managers, and other professionals. Additional services (in these areas) can be provided to your firm if you desire. Other key personnel in Southern California include Steve Henderson, P.E., Yvette Kirrin, P.E., Matt Reifer, P.E., and Shashank Patil. Proposal Rates: The following represents our standard rates for myself and various others. These rates are negotiable, especially for larger engagements. Other rates for additional structural and civil engineers, environmentalists, web personnel and planners are available on request. Personnel or Staff Catel!ory Fully-Burdened Rate 12003) Frank Sherkow, P.E. $200 Steve Henderson, P.E. $180 Yvette Kirrin, P.E. $130 Shashank Patil $100 CADD and Graphics $60 - $100 Clerical $60 Mileage is changed at $0.345 per mile. Other direct expenses are charged at cost. There are no charges for computer time, phone calls, tolls, faxes and similar expenses. Subconsultants are usually charged at cost, unless extra administrative activities are required for administrative purposes. We estimate that Tasks I through 6 will cost approximately $5,000. If we can accomplish these tasks for less, we will. We suggest that you reserve approximately an additional $5,000 to take care of unanticipated efforts in Tasks I through 6 and/or work under Tasks 7 through 10. We have not budgeted these optional items with any detail, but will work with you on scope, schedule and budget parameters. If this proposal of work and cost is satisfactory, please give me a call (949/500-7878) or email me (fsherkow@aztce.us). Thanks again for the opportunity to part of this interesting and important project. Recall that I will be out of town between January 17 and February I, 2004. Sincerely, AZTEC Engineering ~~. Franklin E. Sherkow, P.E. Senior Vice President