Memo
To: Diego Corvera, PE
Civil Engineer
City of Visalia
From: Lisa Wallis-Dutra, PE, TE, PTOE, RSP1
Senior Traffic Engineer
4Creeks, Inc.
cc: File
Date: November 14, 2023
Subject: Goshen Trail Reconstruction Project
Communications with Railroad Agencies
As requested, this memorandum is to provide a timeline of communications with the railroad agencies regarding the Goshen Trail Reconstruction Project.
5/27/2022 City agreement with 4Creeks.
6/3/2022 PO issued to 4Creeks.
5/12/2022 4Creeks email requesting meeting to introduce and explain the project.
5/18/2022 Project introduction meeting with the railroad agencies via Zoom; Attendees included:
Diego Corvera – City of Visalia Project Manager
Lisa Wallis-Dutra, 4Creeks Project Manager
Chris Crawford, 4Creeks Public Works Department Manager Kevin Boles, Wabtec representing San Joaquin Valley Railroad (SJVR) Ellis Mays, Benesch representing Union Pacific Railroad (UPR) Jerry Haar, Genesee & Wyoming (G&W)
In the meeting, the City requested letters of support prior to 6/15/2022 for their ATP grant application. UPR indicated they could not provide a letter of support, especially within that time frame. Kevin Boles indicated he could provide a
generalized letter of support from G&W/SJVR indicating the railroad supports pedestrian/bicycle safety improvements, etc. but would need a better idea of project scope and magnitude of costs.
5/19/2022 4Creeks emailed notes for 5/18/2022 meeting to attendees, requesting concurrence or comments.
5/19/2022 Diego emailed 5/19/2022 meeting attendees representing railroad agencies requesting signature confirmation of receipt of meeting notes. Ellis Mays responded.
5/24/2022 Kevin Boles emailed 4Creeks standard fee request documents so he could begin preliminary engineering work on the project. It was discussed and determined this to be processed with 4Creeks to expedite the process.
5/24/2022 4Creeks emailed Kevin Boles a spreadsheet indicating the improvements the City proposed at each intersection. We requested he identify improvements that may be required by the railroad agencies, along with the costs, so this could be included in the City’s ATP grant application.
5/24/2022 Kevin Boles provided initial comments to the improvement’s spreadsheet, and also requested signal preemption timing from the City.
5/25/2022 Fee request documents and $5,000 fee processed for SJVR to be able to begin preliminary engineering work on the project.
6/7/2022 City provided signal preemption timing to 4Creeks who forwarded to Kevin Boles.
6/13/2022 Kevin Boles provided rough cost estimates for railroad improvements to be used for the City’s ATP grant application.
6/14/2022 Kevin Boles emailed SJVR’s support letter for the City’s ATP grant application.
6/20/2022 Ellis Mays contacted 4Creeks and the City requesting when they may begin looking to execute a preliminary engineering agreement; City indicated they could take to Council in August, 2022.
7/27/2022 4Creeks emailed Ellis Mays and Kevin Boles requesting additional information about permits and agreements, what agency has ultimate design approval, and who would be working with the City during construction.
7/28/2022 Ellis Mays responded to 4Creeks 7/27/2022 email. He indicated their agreement only covered preliminary engineering with UPR and he could not speak to other parties, namely SJVR. However, he did indicate that subsequent construction and maintenance agreements would be required. He also indicated that per the California Manual on Uniform Traffic Control Devices (CA MUTCD), the California Public Utilities Commission (CPUC) has the ultimate jurisdiction over crossings.
8/1/2022 Kevin Boles also responded to 4Creeks 7/27/2022 email. Kevin indicated that nothing additional at that time was required for preliminary engineering work. He also indicated a three-party agreement between the City, UPR, and SJVR would be required for construction and maintenance. The only other agreement that may be required would be in the case the low bid exceeds the budget set in the three-party agreement, and a funding amendment is needed. This would typically be through a two-party agreement between the City and SJVR.
9/7/2022 City emailed Ellis Mays signed UPR reimbursement agreement for execution.
9/12/2022 Ellis Mays emailed indicating that Trevor Taylor with Benesch was taking over responsibilities for the project representing UPR.
10/6/2022 4Creeks emailed Trevor Taylor requesting right of way information.
10/7/2022 Trevor Taylor responded to 4Creeks’ 10/6/2022 email and included Kevin Boles to obtain information specific to SJVR.
10/24/2022 4Creeks emailed UPR Librarian request for record maps and right of way maps.
12/19/2022 Taylor Trevor emailed indicating that Alex Campbell with Benesch was taking over responsibilities for the project representing UPR.
12/30/2022 Kevin Boles emailed indicating it was his last day at Xorail and Matt Paul would be managing his projects.
12/30/2022 Alex Campbell with Benesch reached out to introduce himself and check on the concept plan.
2/27/2023 4Creeks emailed Alex Campbell to indicate the project did not receive full funding and would be completed in phases. Requested information on anticipated schedule for railroad approval for Phase 1 segment to determine if it would work with anticipated funding requirements.
3/3/2023 Alex Campbell emailed to schedule meeting to discuss project since railroad agencies have new project representatives.
3/7/2023 Project meeting was held via Zoom; Attendees included:
Diego Corvera – City of Visalia Project Manager
Lisa Wallis-Dutra, 4Creeks Project Manager
Elsa Mejia, 4Creeks Civil Engineer
Matt Paul, Wabtec representing San Joaquin Valley Railroad (SJVR) Alex Campbell, Benesch representing Union Pacific Railroad (UPR) Provided the spreadsheet of proposed improvements, including the proposed railroad improvements and costs provided previously by Kevin Boles. Also provided copies of the previous SJVR agreement and deposit.
3/13/2023 4Creeks emailed Alex Campbell requesting assistance in obtaining right of way information (separate contact for right of way information has been ongoing).
4/5/2023 4Creeks emailed Alex Campbell again requesting assistance in obtaining right of way information.
4/10/2023 Matt Paul provided map information provided by G&W.
4/26/2023 Emails between 4Creeks and Matt Paul regarding further right of way information needed. Matt indicated G&W does not have ownership, so they do not maintain that information.
7/12/2023 4Creeks submitted 30% improvement plans to Alex Campbell and Matt Paul indicating it was our understanding that the review time was 4 weeks and then an onsite field diagnostic meeting with the design team could be scheduled. We
proposed scheduling the meeting for Wednesday, 8/16/2023, based on the City’s and 4Creeks’ schedules.
7/12/2023 Matt Paul indicated he could attend the planned field diagnostic meeting on 8/16/2022 for SJVR.
7/25/2023 4Creeks emailed Alex Campbell to check on the status of the 30% plan review and verify he could attend the field diagnostic meeting planned for 8/16/2023; he responded he could attend.
7/26/2023 Matt Paul emailed 4Creeks requesting further mechanism to cover ongoing preliminary engineering costs or preliminary engineering services agreement and emailed a draft copy but indicated if it needed to be a Reimbursement Agreement with the City of Visalia, he could revise.
8/7/2023 Alex Campbell contacted 4Creeks indicating that the project impacted several crossings, including traffic signals. As a result, he brought on UPR’s traffic engineering consulting team, Karen Hankinson and Allison Traylor, to attend the diagnostic meeting on behalf of UPR in addition to himself. He indicated their standard diagnostic process requires at least 30 days; therefore, he requested rescheduling to September or early October (plans were received 7/12/2023; there were 30 days for review prior to the scheduled field diagnostic meeting).
8/16/2023 Field meeting at the project site; Attendees included:
Diego Corvera – City of Visalia Project Manager
Lisa Wallis-Dutra, 4Creeks Project Manager
Chris Crawford, 4Creeks Public Works Department Manager Elsa Mejia, 4Creeks Civil Engineer
Josue Herrera, 4Creeks Assistant Engineering Designer
Matt Paul, Wabtec representing San Joaquin Valley Railroad (SJVR) Field review at the Goshen Trail crossings at the intersections of Giddings Street, Divisadero Street, Leslie Street, and Mooney Boulevard. The group also reviewed the existing crossing upgrades at Demaree Street.
8/16/2023 4Creeks sent follow-up email to Matt Paul with information on protected intersections.
8/23/2023 4Creeks emailed Alex Campbell about scheduling the field diagnostics meeting that had been postponed.
8/29/2023 Matt Paul emailed the City a copy of a Preliminary Engineering Agreement to be executed to cover continued review/development with SJVR and Xorail.
8/29/2023 4Creeks emailed Matt Paul regarding scheduling the field diagnostics meeting and CPUC contacts; response on 8/30/2023.
8/31/2023 City emailed Alex Campbell requesting confirmation that he was coordinating with respective personnel (CPUC, UPR, and others) for the planned 9/20/2023 field diagnostic meeting.
8/31/2023 Matt Paul emailed indicating he was working to get Alex some supplemental information that his team requires and asked if the field diagnostic could be postponed for a few weeks. City responded they did not want to postpone but preferred to focus on Phase 1.
9/5/2023 Alex Campbell emailed indicating that the project has been reassigned to Steve Thomas with Benesch representing UPR.
9/7/2023 4Creeks spoke with Steve Thomas. The planned 9/20/2023 field diagnostic meeting had to be postponed. 4Creeks stressed the project schedule and the funding deadlines and pushed to reschedule the meeting in October. It was also understood that Steve would be coordinating the meeting schedule with CPUC, UPR, and SJVR. 4Creeks would coordinate with the City and the design team.
9/7/2023 4Creeks email Steve Thomas and informed him that the City was not able to locate the original agreement for the existing trail but was able to find the original plans. Those were provided.
9/13/2023 4Creeks emailed Steve Thomas to see if a date was scheduled for the field diagnostic meeting.
9/26/2023 4Creeks emailed Steve Thomas to see if a date was scheduled for the field diagnostic meeting.
9/27/2023 Steve Thomas emailed to indicate the CPUC did not provide dates for a field diagnostic meeting but requested plans and any traffic studies available. 4Creeks provided plans that were previously submitted on 7/12/2022; however, there are no traffic studies.
10/3/2023 Steven Thomas emailed indicating the CPUC wanted a meeting to review the project prior to the field diagnostic meeting. A meeting via Zoom was scheduled for 10/9/2023.
10/9/2023 Project status meeting via Zoom; Attendees included:
Diego Corvera – City of Visalia Project Manager
Lisa Wallis-Dutra, 4Creeks Project Manager
Chris Crawford, 4Creeks Public Works Department Manager Elsa Mejia, 4Creeks Civil Engineer
Josue Herrera, 4Creeks Assistant Engineering Designer
Matt Paul, Wabtec
Jerry Haar, G&W
Marcus Campion, G&W
Oliver Garcia, CPUC
Anh Truong, CPUC
Steven Sams, Benesch
Steven Thomas, Benesch
Allison Traylor, Olsson
Karen Hankinson, Olsson
(Others may have been in attendance)
Introductions were made. Initial contact with the railroad agencies beg an in May 2022; however, personnel changed several times. The intent of the meeting was to review the project with all personnel, explain the project, review the 30% plans that were previously provided, and determine the status of the project from all agencies. The goal was to set a field diagnostic meeting with the agencies which is the next step in the process. Although this is an existing trail, UPR indicated they typically do not support trail projects adjacent to their tracks.
A follow-up meeting was scheduled for 12/9/2023. The following actions items were set:
1. UPR to hold an internal meeting to discuss their support for the project.
2. 4Creeks to email existing conditions spreadsheet with preemption information and costs previously provided by Kevin Boles.
3. City and SJVR to discuss needed Engineering Reimbursement Agreement (ERA).
10/9/2023 The City emailed railroad agencies regarding the needed reimbursement agreement based on information discussed in the meeting held today.
10/10/2023 Steven Sams contacted the City and 4Creeks indicating G&W has assigned Benesch as the General Engineering Consultant (GEC) for project management, preliminary engineering, construction engineering, and inspection tasks for public projects. Benesch will be assisting on behalf of SJVR. They indicated the first step would be an ERA between SJVR and the City. Pending project scope acceptance by UPR and SJVR, completion of the preliminary plan review, and the field diagnostic, a Construction and Maintenance Agreement (CMA) between the City, SJVR, and UPR would be executed to address the construction phase and future maintenance. Steven provided the ERA for review and execution.
10/16/2023 As requested in the 10/9/2023 meeting, 4Creeks emailed the meeting attendees the spreadsheet that was previously provided to UPR and SJVR. The spreadsheet shows the existing conditions of the crossings and the proposed improvements, as well as the preemption information and potential costs that was provided by Kevin Boles.
10/17/2023 Steven Thomas contacted 4Creeks indicated that UPR request he schedule an internal meeting to discuss the project in more detail. He asked that 4Creeks provide additional information about the project including overall plan showing project scope including portion of the trail that is existing and new and details on the purpose of the trail, expected users, who the project will serve, overall purpose of the project, information on trail connections to other existing trails or facilities, etc.
10/26/2023 4Creeks prepared and emailed Steven Thomas a memorandum with the information requested by UPR explaining the purpose of the project and the benefits for the community to be used during their internal meeting.
11/1/2023 Additional communication after 10/10/2023 occurred between the City and Steven Sams regarding revisions to the ERA. A revised ERA and estimate were provided to the City on 11/1/2023.
11/9/2023 Project status meeting via Zoom; Attendees included:
Diego Corvera – City of Visalia Project Manager
Lisa Wallis-Dutra, 4Creeks Project Manager
Elsa Mejia, 4Creeks Civil Engineer
Josue Herrera, 4Creeks Assistant Engineering Designer
Steven Sams, Benesch
Benjamin Biesterveld, Benesch
Steven Thomas, Benesch
Greg Breaston G&W
Oliver Garcia, CPUC
Anh Truong, CPUC
Allison Traylor, Olsson
Karen Hankinson, Olsson
The meeting was held to discuss the status of the project and the action items that were to take place since the 10/9/2023 meeting.
1. 4Creeks emailed on 10/16/2023 existing conditions spreadsheet with preemption information and costs previously provided by Kevin Boles.
2. 4Creeks emailed project justification memorandum to Steven Thomas on 10/26/2023.
3. City and SJVR completed ERA; revised ERA was provided to City on 11/1/2023.
4. UPR did not hold their internal meeting to discuss their support for the project.
A project status follow-up meeting has been scheduled for Wednesday, 12/13/2023. It is intended that UPR will hold their internal meeting to discuss their support for the project prior to this meeting. It is also intended that the City will obtain Council approval of the ERA prior to this meeting.
A tentative date for the field diagnostic meeting has been set for Wednesday, 1/24/2024. If UPR approves of the project and the ERA is executed, the stakeholders will move forward with the field diagnostic meeting.