Agenda Item No: P.4
AGENDA REPORT
DATE: June 17, 2025
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2025-112 PW East Tabor and Tolenas Safe Routes to School Sidewalk Gap Closure and Union Pacific Railroad Agreement
Authorizing the City Manager to Execute a Public Highway At-Grade Crossing Agreement, Accept Grant Deeds Transferring Real Property and Easements, and Execute Construction and Maintenance Agreements with Union Pacific Railroad for the East Tabor/Tolenas Safe Routes to School Sidewalk Gap Closure Project
Funding Source: $2,316,989 ($32,970, State Gas Tax for Agreement; $2,100,000, Federal Funds; $150,149, Gas Tax [Local Match] for Capital Streets Fund)
Contact: Phil Layoso, (707) 428-7505
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
A portion of the East Tabor and Tolenas Safe Routes to School Sidewalk Gap Closure Project (Project) is located within the Union Pacific Railroad (UPRR) right-of-way. To complete the safety improvements within the UPRR property at the at-grade crossing, the Project requires the City to execute a Public Highway At-Grade Crossing Agreement (Agreement) with UPRR. This agreement outlines maintenance responsibilities and includes easements, land transfers, or both, between the City of Fairfield and UPRR.
If adopted, the resolution would authorize the city manager to execute the documents necessary to facilitate the land and easeme nt transactions, as well as the construction, maintenance, or similar agreements. The city manager’s authority would only be exercised following the approval as to form by the city attorney.
DISCUSSION
Students walking or biking to Tolenas Elementary and Grange Middle School along East Tabor Avenue currently face safety hazards due to an unsafe railroad crossing and a missing sidewalk segment. This project aims to address these safety concerns by constructing a pedestrian crossing within the UPRR right-of-way and closing the sidewalk gap on East Tabor Avenue. The crossing improvements within UPRR right -of-way include but are not limited to a concrete pedestrian sidewalk, cantilever mast arms for pedestrian and vehicle signals, concrete railroad panels, steel fence, security gates, and a mountable curb. To proceed with these upgrades, the City of Fairfield and UPRR must enter into a formal Agreement.
The Agreement required by UPRR is comprised of standardized language commonly used for similar projects with minimal modifications anticipated. It defines the responsibilities for the construction and maintenance of the proposed facilities. In addition, the agreements commit the City of Fairfield to supporting work necessary for project completion, which will be provided and carried out by UPRR. The capital cost for the railroad improvements is estimated at $2,250,149 .
Staff are requesting a 10% contingency to account for potential cost overruns UPRR encounters during construction. The terms of the agreement stipulate that the Project is subject to the actual costs incurred by UPRR, and no expenses will be borne by UPRR.
The Agreement also includes an estimated annual maintenance cost of $33,870 ($26,660 signal + $5,210 surface maintenance). The annual maintenance costs per the Agreement with UPRR will begin 3 years from the effective date of the Agreement or the date of installa tion. The annual maintenance costs have not been budgeted and will need to be considered in the future. The funding source for the ongoing maintenance is an obligation of the general fund. This Agreement needs to be executed prior to the construction of the track and ordering of rail materials, and is required to meet funding time constraints for the Project. Execution of these Construction and Maintenance Agreements in a timely manner is required to keep the Project on schedule.
The railroad improvements will be paid with Active Transportation Program (ATP) federal grant funds. The City received $2,731,000 in 2024 with an obligation deadline of September 30, 2025.
The remaining grant funds will pay a portion of Project improvements outside of the UPRR right- of-way. These improvements include the sidewalk gap closure on East Tabor Avenue and sidewalk widening on Tolenas Avenue.
The proposed resolution authorizes the city manager to execute Construction and Maintenance Agreements, or similar agreements, with UPRR and execute grant deeds that transfer or receive real property or easements necessary for the Project. The city manager’s authority would only be exercised after the agreements and other documents are approved as to form by the city attorney.
FINANCIAL IMPACT
The cost to execute the Agreement is $32,970 , which is captured in Project No. CPW070008 (Capital Streets Fund [252]). The capital construction cost related to UPRR’s work is $2,475,163.90 ( $2,250,149 UPRR estimate + 10% contingency) . Funding for this Project is captured in Project No. CPW070008.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
If the council has any questions, the recommended action may be delayed so that staff can provide the necessary backup. Staff does not recommend this , however, as it will delay the delivery of the Project and potentially lose grant funding. In addition, the agreement's term is 12 months, and UPRR has the right to renegotiate if it is not executed. This will cause significant delays in constructing the safety improvements.
COORDINATED WITH
Finance Department and the City Attorney’s Office
STAFF CONTACT
Phil Layoso, Assistant Engineer
(707) 428-7505
[email protected]
ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Proposed Agreement