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agenda-report DUSTERBERRY WAY RAILROAD CROSSING SAFETY IMPROVEMENT PROJECT - Approval of Plans and Specifications, Award of Construction Contract to GradeTech, Inc. in the Amount of $464,153.86 (Including 15% Contingency) to Implement the Dusterberry Way Railroad Crossing Safety Improvement Project (PWC 8964); and Make Findings of CEQA Exemption (PWC 8964)

Fremont City Council
October 4, 2022

Document
agenda-report DUSTERBERRY WAY RAILROAD CROSSING SAFETY IMPROVEMENT PROJECT - Approval of Plans and Specifications, Award of Construction Contract to GradeTech, Inc. in the Amount of $464,153.86 (Including 15% Contingency) to Implement the Dusterberry Way Railroad Crossing Safety Improvement Project (PWC 8964); and Make Findings of CEQA Exemption (PWC 8964)
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October 4, 2022
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Fremont City Council
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Fremont City Council Meeting: 10/04/22 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts

SCHEDULED
Sponsors:

STAFF REPORT (ID # 4703) DOC ID: 4703
Updated: 9/29/2022 10:12 AM by Alberto Quintanilla Page 1

DUSTERBERRY WAY RAILROAD CROSSING SAFETY IMPROVEMENT PROJECT - Approval of Plans and Specifications, Award of Construction Contract to GradeTech, Inc. in the Amount of $464,153.86 (Including 15% Contingency) to Implement the Dusterberry Way Railroad Crossing Safety Improvement Project (PWC 8964); and Make Findings of CEQA Exemption (PWC 8964) 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 initiate construction of a project to enhance the safety of the railroad crossing at Dusterberry Way in the Centerville area of Fremont. The project has funding from a federal grant.

BACKGROUND: The California Department of Transportation (Caltrans) administers federal funding grants through the Railroad/Highway At-Grade Crossing Program (Section 130).

The purpose of the program is to reduce the number and severity of train collisions by eliminating hazards to vehicles and pedestrians at existing railroad crossings. The City of Fremont has been approved to receive a Section 130 funding grant for improvements to the railroad crossing at Dusterberry Way.

At the October 17, 2017 City Council meeting, City Council authorized City Manager to execute all related documents for the Section 130 Fund Agreement with Caltrans.

Subsequently, the design of the project was completed in coordination with Union Pacific Railroad (UPRR).

At the March 15, 2022 City Council meeting, City Council authorized City Manager to execute a Public Crossing Improvement Agreement with UPRR which establishes terms for the City and City’s contractor to construct safety improvements for the project within UPRR’s right of way.

It is noted that the railroad crossing safety improvements at Dusterberry Way are now part of a larger plan to improve safety at other railroad crossings in the Centerville area and to establish a “quiet zone” corridor. This quiet zone corridor includes the railroad crossings at Blacow Road, Dusterberry Way, Maple Avenue, Fremont Boulevard, and Shinn Street.

DISCUSSION/ANALYSIS: The Dusterberry Way Railroad Crossing Safety Improvement project consists of reconstructing sidewalk, curb & gutter in all quadrants around the at- grade crossing, installing detectable warning surfaces on all sidewalk approaches, installing a ten-foot wide raised median north and south of the at-grade crossing, removing a portion of the asphalt pathway in the southwest quadrant to deter access along the UPRR track right of way, and constructing a street barricade at the end of Baine Avenue to prevent Staff Report (ID # 4703) Meeting of October 4, 2022
Updated: 9/29/2022 10:12 AM by Alberto Quintanilla Page 2 vehicular access from Baine Avenue to Dusterberry Way, along with a high security fence to protect UPRR signal equipment.

The construction contract for the project was advertised for bids and bids were opened on August 23, 2022. The bidders with their respective bid amounts are shown below. The Engineer’s Estimate is $410,000.

Bid Results:

Bidder Bid Amount

1. JJ Construction and Design, Inc. $ 398,000.00

2. GradeTech, Inc. $ 403,612.05

3. Sposeto Engineering, Inc. $ 437,734.00

4. OBS Engineering, Inc. $ 547,829.20

5. FBD Vanguard Construction, Inc. $ 597,746.80

6. Redgwick Construction Company $ 615,436.00

7. JJR Construction, Inc. $ 661,101.37*

*Mathematically corrected bid

Staff reviewed the bid documents for all bids and considered their base bids and responsiveness. After review of the bids received, staff recommends that Council award the contract to GradeTech, Inc. as the lowest responsible bidder (Pub. Contract Code Section 20162), and reject JJ Construction and Design, Inc.’s bid as nonresponsive. The nonresponsive bid did not conform to the following local and state bid requirements and City instructions:
• Addenda: Bidder did not acknowledge receipt of addendum #2, which contained material change that would affect the bid. All addenda must be acknowledged on the bid proposal as required by state and federal law and in accordance with City instructions. (Instructions to Bidders, Section 4, page 7). • Authorization and Execution: Bidder is a Corporation and did not authorize and execute their bid as required by the California Corporation Code Section 313. (Instructions to Bidders, Section 9, pg. 8).
• Bid Security: Bidder did not sign their bid bond in accordance with City instructions and as such the bidder’s bid bond is not valid. (Bid Proposal, Section 5, pg. 12).

Based on these results, the lowest responsible and responsive bidder for this project is GradeTech, Inc. GradeTech, Inc. submitted a responsive bid, and all documents are in order. The contractor is a responsible bidder experienced in this type of work and has satisfactorily completed contracts of this nature with the City and other nearby local agencies.

Project Costs and Funding:

Estimated Project Costs
Preliminary Engineering, Design and Project Management $ 290,000 Pothole Consultant Services (Exaro) 5,700
Construction Cost (Lowest Responsible Bid) 403,612
Staff Report (ID # 4703) Meeting of October 4, 2022
Updated: 9/29/2022 10:12 AM by Alberto Quintanilla Page 3 Construction Inspection, Surveying and Administration 80,000 Project Contingency (15%) 60,542
Total Estimated Project Costs $ 839,854

Source of Funding:

Currently Budgeted
PWC8964, Fund 136 – Gas Tax $ 162,000
PWC8964, Fund 502 – Outside Sources 80,000
PWC8964, Fund 522 – Federal Funds 598,988
Total Funding Available $ 840,988

FISCAL IMPACT: Based on the contract amount and project cost estimates, there are sufficient funds budgeted for this project.

ENVIRONMENTAL REVIEW: This project is categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to 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.

Caltrans was the responsible agency for conducting and documenting the necessary National Environmental Policy Act (NEPA) reviews to ascertain any adverse environmental impacts as part of the Section 130 Railroad/Highway At-Grade Crossing Program.

ATTACHMENTS: None.

RECOMMENDATION: Approval of the following actions related to the Dusterberry Way Railroad Crossing Safety Improvement Project (PWC 8964):

1. Find that this project is exempt from California Envi ronmental Quality Act (CEQA) review pursuant to 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.

2. Approve the plans and specifications for the project.

3. Accept the bid and award the construction contract to the lowest responsive and responsible bidder, GradeTech, Inc. in the amount of $403,612.05 and allocate a 15% construction contingency in the amount of $60,541.81 for a total const ruction contract amount of $464,153.86 and authorize the City Manager or designee to execute the contract.

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