City Council Memorandum
TO: HONORABLE MAYOR AND CITY COUNCIL DATE: MAY 24, 2022 FROM: PUBLIC WORKS DEPARTMENT WARDS: 1 AND 2
SUBJECT: APPROVE A Preliminary Engineering services AGREEMENT WITH bnsf railway company FOR the design phase of the third street grade sepARATION PROJECT ISSUE:
The issue for City Council consideration is the approval of a Preliminary Engineering Services Agreement with BNSF Railway Company for the Third Street Grade Separation project (Project).
RECOMMENDATIONS:
That the City Council:
Approve a Preliminary Engineering Services Agreement with BNSF Railway Company for the design phase of the Project; and Authorize the City Manager, or his designee, to execute the agreement, including making minor and non-substantive changes.
BACKGROUND:
On April 11, 2017, the City Council received a report on the review and prioritization of potential railroad grade separations along the Burlington Northern Santa Fe (BNSF) railroad at Jackson Street, Mary Street, Spruce Street, and Third Street. Following this report, the City Council approved the Third Street/ BNSF line as the top priority railroad grade separation and directed the Public Works Department to issue a Request for Proposals to complete the Project Approval and Environmental Document phase of the Third Street Grade Separation.
On July 24, 2018, the City Council approved an agreement with the Western Riverside Council of Governments (WRCOG) for $4.0 million in Transportation Uniform Mitigation Fee (TUMF) funding to fund the Project Approval and Environmental Document phase (PA&ED); and the Plans, Specifications, and Estimates (PS&E) phases of the Third Street Grade Separation project.
On December 18, 2018, the City Council approved a Professional Consultant Services Agreement with HDR Engineering, Inc., of Omaha, Nebraska, for the PA&ED phase of the Third Street Grade Separation in the amount of $646,649.
On June 16, 2020, the City Council (1) approved the First Amendment to the Professional Consultant Services Agreement with HDR Engineering, Inc., of Omaha, Nebraska, to amend the consultant’s scope of services; (2) authorized the City Manager, or his designee, to execute the First Amendment to the Professional Consultant Services Agreement with HDR Engineering, Inc., including making minor and non-substantive changes; and (3) authorized the Public Works Department to prepare and submit a grant application in the amount of $15 million to the California Transportation Commission (CTC) for Senate Bill 1-Trade Corridor Enhancement Program (TCEP) funds.
On January 5, 2021, the City Council (1) approved the Second Amendment to the Professional Consultant Services Agreement with HDR Engineering, Inc., of Omaha, Nebraska, to amend the consultant’s scope of services and extend the term of the agreement; (2) authorized the City Manager, or his designee, to execute the Second Amendment to the Professional Consultant Services Agreement with HDR Engineering, Inc., including making minor and non-substantive changes.
On March 23, 2021, the City Council (1) approved the Federal Funding Cooperative Agreement with the Riverside County Transportation Commission for $18 million in federal Congestion Mitigation and Air Quality Improvement Program funds for the right-of-way phase of the Third Street Grade Separation project; (2) approved Amendment No. 1 to Transportation Uniform Mitigation Fee Program Agreement with the Western Riverside Council of Governments to increase the funding amount by $4.25 million, to a total of $8.25 million, for the right-of-way phase of the Third Street Grade Separation project; (3) approved the Professional Consultant Services Agreement with HDR Engineering, Inc., of Omaha, Nebraska, for the Plans, Specifications, and Estimate phase of the Third Street Grade Separation in the amount of $2,285,093; (4) authorized the City Manager, or his designee, to execute the agreements with Riverside County Transportation Commission, Western Riverside Council of Governments, and HDR Engineering, Inc., including making minor non-substantial changes; (5) by at least five affirmative votes, authorized a supplemental appropriation and increase in revenues in the amount of $18.0 million in federal Congestion Mitigation and Air Quality funds to the Capital Outlay-Grants Fund for the Third Street Grade Separation project; and (6) by at least five affirmative votes, authorized a supplemental appropriation and increase in revenues in the amount of $4.25 million in Transportation Uniform Mitigation Fee funds to the Transportation Uniform Mitigation Fee (TUMF) Fund for the Third Street Grade Separation project account.
On January 25, 2022, the City Council approved a Cooperative Funding Agreement with Riverside County Flood Control and Water Conservation District for the construction of the Box Springs Master Drainage Plan Line D, Stage 1 Project No. 1-0-00089; (2) authorized the City Manager, or his designee, to execute Box Springs Master Drainage Plan Line D, Stage 1 Project No. 1-0-00089 Cooperative Funding Agreement, including making minor and no substantive changes; and (3) authorized the Chief Financial Officer, or designee, to record a supplemental appropriation in the amount of $3,555,000 and record an increase in revenue in the same amount to the Storm Drain Fund, Box Spring MDP Line D Project.
DISCUSSION:
The Third Street Grade Separation project proposes to construct a railroad underpass at Third Street and the BNSF railroad tracks. Third Street will be lowered from about Vine Street to Park Avenue and a bridge will be constructed to convey rail traffic. The project will require the realignment of Commerce Street, construction of slopes, retaining walls, storm water pump station, and relocation of wet and dry utilities.
STRATEGIC PLAN ALIGNMENT:
This action supports Strategic Priority 6 – Infrastructure, Mobility, and Connectivity and aligns with the following goals:
6.2 – Maintain, protect, and improve assets and infrastructure within the City’s built environment to ensure and enhance reliability, resiliency, sustainability, and facilitate connectivity.
6.3 – Identify and pursue new and unique funding opportunities to develop, operate, maintain, and renew infrastructure and programs that meet the community’s needs.
Furthermore, this project aligns with each of the five Cross-Cutting Threads:
Community Trust – The Project will improve multimodal mobility and reliability by eliminating the at-grade BNSF rail crossing.
Equity – The Project will improve safety and air quality for residents traveling to and from Downtown and within Eastside and Downtown neighborhoods that are SB 535 disadvantaged communities.
Fiscal Responsibility – The Project will use TUMF funds to design these valuable infrastructures to the City and the region. The Project will help realize stakeholders’ vision of transforming Third Street into a vibrant corridor lined by higher-density housing and a revamped stock of industrial and research buildings.
Innovation – The Project will have a unique effective engineering solution referred to as “no shoofly concept” allowing relocation the existing BNSF tracks without the need to construct temporary tracks, resulting in a substantial reduction in project cost, and construction duration.
Sustainability & Resiliency – The construction materials specified for this project are considered best practices in the industry and are expected to last well into the future. The Project improves the resiliency of the freight and passenger rail system, and will keep the freight system moving and not disrupting the nationwide supply chain.
FISCAL IMPACT:
BNSF’s anticipated cost for work on the Project is $75,000. Sufficient funds are budgeted and available in the Transportation Uniform Mitigation Fee Fund, Third St/BNSF Grade Separation project, TUMF Expenditures account number 9990119-440315 to execute the preliminary engineering service agreement with BNSF Railway Company.
Prepared by: Gilbert Hernandez, Public Works Director
Certified as to
availability of funds: Edward Enriquez, Interim Assistant City Manager/Chief Financial Officer/Treasurer
Approved by: Kris Martinez, Assistant City Manager
Approved as to form: Phaedra A. Norton, City Attorney
Attachments:
Project Location Map
Preliminary Service Agreement with BNSF Railway Company BNSF Railway Company – Preliminary Engineering Services Agreement ● Page 3