Fremont City Council Meeting: 03/15/22 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
STAFF REPORT (ID # 4498) DOC ID: 4498
Updated: 3/8/2022 9:22 AM by Alberto Quintanilla Page 1
DUSTERBERRY WAY RAILROAD CROSSING SAFETY IMPROVEMENT PROJECT - Authorization to Execute a Public Road Crossing Improvement Agreement with Union Pacific Railroad Related to the Dusterberry Way Section 130 Safety Improvement Project (PWC 8964); Allocate Additional Appropriations; Make Findings of CEQA Exemptions
Contact Persons:
Name: Jeanne Suyeishi Hans Larsen
Title: Senior Civil Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4728 510-494-4722
E-Mail: [email protected] [email protected]
Executive Summary: The purpose of this report is to facilitate the continued development of a project to implement safety improvements at the railroad crossing of Dusterberry Way in the Centerville area of Fremont. An agreement has been prepared with the Union Pacific Railroad (UPRR) identifying the scope and implementation responsibilities within railroad property.
BACKGROUND: The purpose of the Railroad/Highway At-Grade Crossing Program (Section 130) is to reduce the number and severity of train collisions by eliminating the hazards to vehicles and pedestrians at existing railroad crossings. A project must satisfy the following requirements to qualify for the Section 130 federal funds – (1) project must be on a public road; and (2) project must be included on the California Public Utilities Commission’s (CPUC) Section 130 annual priority list.
At the October 17, 2017 City Council meeting, City Council authorized City Manager or his/her designee to execute all related documents for the $538,988 Section 130 Fund Agreement with the Department of Transportation (Caltrans). The funding agreement was executed on November 3, 2017 with an effective date of contract from August 18, 2017 to August 18, 2020 for design and construction of safety improvements at the Dusterberry Way railroad crossing. Two amendments have been executed with Caltrans to extend the effective date of contract to August 18, 2023 as well as increase the Section 130 Funds by $50,000 to account for additional UPRR construction costs. The project is being done in conjunction with Union Pacific Railroad implementing safety improvements to their facilities at this location through the Section 130 Program.
DISCUSSION/ANALYSIS: The City has received approval from the CPUC, UPRR and Caltrans to implement an agreed upon set of safety improvements at the Dusterberry Way railroad crossing. The final step before sending this project out for bid is to execute the Public Road Crossing Improvement Agreement with UPRR.
The Public Road Crossing Improvement agreement between UPRR and the City of Fremont establishes terms for the City and the City’s contractor to construct safety improvements for the project within UPRR’s right of way.
Staff Report (ID # 4498) Meeting of March 15, 2022
Updated: 3/8/2022 9:22 AM by Alberto Quintanilla Page 2 The scope of work is as follows:
• Reconstruct sidewalk, curb & gutter in all quadrants around the at-grade crossing. • Install detectable warning surfaces on all sidewalk approaches. • Install a ten-foot wide, eight-inch high raised median north and south of the at-grade crossing.
• Remove a portion of the asphalt pathway in the southwest quadrant. • Construct a street barricade at the end of Baine Avenue to prevent access from Baine Avenue to Dusterberry Way.
Staff is now requesting City Council authorization for City Manager or her designee to execute the Public Road Crossing Improvement agreement with UPRR.
FISCAL IMPACT: The cost to implement the safety improvements at the Dusterberry Way at-grade crossing are within the scope of the Section 130 funds received from Caltrans.
Council is requested to appropriate $50,000 of additional Section 130 to the project.
ENVIRONMENTAL REVIEW: This project is exempt from review under the California Environmental Quality Act (CEQA) pursuant to, without limitation, CEQA Guidelines Section 15301 as the repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of use beyond that presently exists; Section 15302, as replacement or reconstruction of existing structures and facilities located on the same site and with substantially the same purpose and involving negligible or no expansion of capacity; Section 15303, as new construction or conversion of small structures, including street improvements; Section 15304, as minor alterations to land; and/or Section 15311, as construction or replacement of minor structures accessory to existing facilities including but not limited to on-premise signs. Each of the foregoing provides a separate and independent basis for CEQA compliance.
ATTACHMENTS: None.
RECOMMENDATION: Approval of the following actions related to the Dusterberry Way Section 130 Safety Improvement Project (PWC 8964):
1. Authorize the City Manager or her designee to execute all agreements with Union Pacific Railroad for the Dusterberry Way Safety Improvement Project (PWC 8964).
2. Find that this project is exempt from California Environmental Quality Act (CEQA) review pursuant to, without limitation CEQA Guidelines Section 15301 as the repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of use beyond that presently existing; Section 15302, as replacement or reconstruction of existing structures and facilities located on the same site and with substantially the same purpose and involving negligible or no expansion of capacity; Section 15303, as new construction or conversion of small structures, including street improvements; Section 15304, as minor alterations to land; and/or Section 15311, as construction or replacement of minor structures accessory to existing facilities including but not limited to on-premise signs. Each of the foregoing provides a separate and independent basis for CEQA compliance.
3. Appropriate $50,000 in Section 130 funds to the Dusterberry Way Safety Improvement Project (PWC 8964-522).