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agenda-report DUSTERBERRY WAY SAFETY IMPROVEMENT PROJECT - Appropriate Additional Railroad/Highway At-Grade Crossing Program (Section 130) Federal Grant Funds From the Department of Transportation (Caltrans) in the Amount of $161,000 for the Dusterberry Way Safety Improvement Project (City Project PWC8964); Find the Action is Exempt from CEQA.

Fremont City Council
May 2, 2023

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agenda-report DUSTERBERRY WAY SAFETY IMPROVEMENT PROJECT - Appropriate Additional Railroad/Highway At-Grade Crossing Program (Section 130) Federal Grant Funds From the Department of Transportation (Caltrans) in the Amount of $161,000 for the Dusterberry Way Safety Improvement Project (City Project PWC8964); Find the Action is Exempt from CEQA.
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May 2, 2023
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Fremont City Council
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Fremont City Council Meeting: 05/02/23 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Grants

SCHEDULED
Sponsors:

COUNCIL STAFF REPORT (ID # 4880) DOC ID: 4880
Updated: 4/25/2023 11:04 AM by Alberto Quintanilla Page 1 DUSTERBERRY WAY SAFETY IMPROVEMENT PROJECT - Appropriate Additional Railroad/Highway At-Grade Crossing Program (Section 130) Federal Grant Funds From the Department of Transportation (Caltrans) in the Amount of $161,000 for the Dusterberry Way Safety Improvement Project (City Project PWC8964); Find the Action is Exempt from CEQA.

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 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. The recommended action will increase the amount of grant funding for the project.

BACKGROUND: The California Department of Transportation (Caltrans) administers federal funding grants through the Railroad/Highway At-Grade Crossing Program (also known as “Section 130 funds” as enabled by Title 23, United States Code, 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 04, 2022 City Council meeting, City Council approved the plans and specifications and awarded the construction contract for the Dusterberry Way Safety Improvement Project to GradeTech, Inc.

DISCUSSION/ANALYSIS: The Dusterberry Way Railroad Crossing Safety Improvement project consists of reconstructing sidewalk, curb, and 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 vehicular access from Baine Avenue to Dusterberry Way, along with a high security fence to protect UPRR signal equipment.

The City received a funding grant in the amount of $588,988 to design and construct safety improvements at the Dusterberry Way railroad crossing. Staff has requested an additional $161,000 of grant funding to bring the total grant funds to $749,988, and to extend the agreement expiration date to August 18, 2024, for the following reasons:

• Caltrans informed staff that all costs moving forward are 100% reimbursable to the grant funds. Previously there was a 10% match required.

Council Staff Report (ID # 4880) Meeting of May 2, 2023 Updated: 4/25/2023 11:04 AM by Alberto Quintanilla Page 2 • The construction contract was awarded to the second bidder since the low bidder did not conform to local and state bid requirements. The second bidder was awarded the contract, but at a higher contract amount.
• UPRR requested scope additions to meet their standards for the installation of a new barricade, a new security fence and gate, and a barrier protection for the signal equipment. The City is requesting an additional twelve months to complete the project due to delays with contractor coordination and UPRR construction and flagging crews.

The grant agreement amendment has been executed and staff is requesting that these funds be appropriated to budget for the Dusterberry Way Safety Improvement Project (PWC8964-522).

FISCAL IMPACT: The recommended action increases the grant funds for PWC8964 by $161,000. The increased funding will free up local grant matching funds (10%) that were appropriated to the project.

ENVIRONMENTAL REVIEW: Action on this funding item is exempt from environmental review. None of the circumstances necessitating preparation of further environmental review are present and the actions are not subject to further CEQA review based on, without limitation, CEQA Guidelines Sections 15183 and/or 15162 because they do not involve significant new environmental effects or changed circumstances and are within the scope of the environmental review covered by previous project approvals. In addition, these further funding actions are exempt pursuant to CEQA Guidelines Section 15378(b) (administrative and funding activity not a “project” under CEQA) and/or 15061(b)(3) (no possibility the activity may have significant effect on the environment). Each of the cited CEQA exemptions provide a separate and independent basis for CEQA clearance.

ATTACHMENTS: None.

RECOMMENDATIONS:

1. Find the action is exempt from environmental review, as a separate and independent basis for CEQA compliance, under CEQA Guidelines, Section 15378 and Section 15061.

2. Appropriate additional Railroad/Highway At-Grade Crossing Program (Section 130) federal grant funds in the amount of $161,000 to PWC8964-522.

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