1 APPROVED AS TO FORM AND LEGALITY
________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. _______________ C.M.S.
RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO
NEGOTIATE AND EXECUTE AGREEMENTS WITH UNION PACIFIC
RAILROAD (UPRR) WITH ASSOCIATED CONSTRUCTION COSTS DUE
TO UPRR IN THE AMOUNT OF ONE MILLION, FIVE HUNDRED
NINETY-NINE THOUSAND, NINE HUNDRED NINETY- EIGHT
DOLLARS ($1,599,998) TO FACILITATE COMPLETION OF THE
FRUITVALE ALIVE! GAP CLOSURE PROJECT, PROJECT NO. 1000724,
IN ACCORDANCE WITH CALIFORNIA PUBLIC UTILITY
COMMISSION (CPUC) REGULATIONS, FOR THE CONSTRUCTION,
AND MAINTENANCE OF IMPROVEMENTS AT THE FOLLOWING
EXISTING AT-GRADE CROSSINGS:
• FRUITVALE AVENUE AND EAST 10
TH STREET (NO. 749707C)
• FRUITVALE AVENUE AND EAST 9TH STREET (NO. 7496263G)
• FRUITVALE AVENUE AND ELMWOOD AVENUE (NO. 749625V)
WHEREAS, the City of Oakland has received grants and funding to design and construct the Fruitvale Alive! Gap Closure Project, under Resolution No.’s 87374, 87960, and 88016; and
WHEREAS, the City has previously awarded a construction contract to Redgwick Construction to construct various pedestrian, bicycle, transit and vehicular traffic safety improvements as part of the Fruitvale Alive! Gap Closure project, projec t no. 1000724, under Resolution No. 88947; and
WHEREAS, construction of improvements in the Fruitvale Alive! Gap Closure project at the Fruitvale Avenue/E 10
th Street (No. 749707C) railroad crossing, Fruitvale Avenue/E 9th Street (No. 7496263G) railroad crossing, and Fruitvale Avenue/Elmwood Avenue (No. 749625V) railroad crossing require additional rights be granted in the UPRR right-of-way; and
WHEREAS, CPUC authorization is required for improvements at existing railroad crossing; and
WHEREAS, the installation of improvement s in existing railroad crossing requires a UPRR permit in accordance with CPUC regulations , and execution of a greements with UPRR; and
2 WHEREAS, UPRR has required the City to execute construction and maintenance agreements prior to issuing the City’s contractor permits to construct said railroad crossing safety improvements; and
WHEREAS, UPRR has required the City to pay an administrative fee of $1,025 to UPRR upon execution of each agreement; and
WHEREAS, UPRR has required the City to reimburse an estimated amount of $817,129 for the Fruitvale Avenue/East 10th Street crossing, $30,000 for the Fruitvale Avenue/East 9th Street crossing, and $592,869 for the Fruitvale Avenue/Elmwood Avenue crossing for all actual labor and material costs incurred by UPRR for construction of additional capital improvements by UPRR at the subject crossings; and
WHEREAS, UPRR has required the City to pay a one-time fee of $ 160,000 associated with on-going maintenance and upkeep of the signal interconnect facilities and grade- crossing safety devices at the three subject crossings; now, therefore, be it
RESOLVED: That the City Administrator, be authorized to negotiate and execute railroad crossing agreements with UPRR, subject to review and approval by the Office of the City Attorney; and be it
FURTHER RESOLVED: That the funding to support the financial commitments in these agreements is available in Project 1000724, Fund 2420 (Transportation Impact Fee) and Fund 2219 (Measure BB Bicycle/Pedestrian); and be it
FURTHER RESOLVED: That an original copy of agreements be kept on file with the City Clerk, once executed.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - BROWN, FIFE, GALLO, HOUSTON, RAMACHANDRAN, UNGER, WANG AND
PRESIDENT JENKINS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California