Agenda Item Wording:
title
Railroad Reimbursement Agreement - Adopt Resolution 2023-58 authorizing City Manager to execute a reimbursement agreement with San Joaquin Valley Railroad for engineering services associated with the design of the Goshen Trail Reconstruction Project, authorize an additional appropriation of $75,000 from the Measure R Trailways and authorize an amendment to the Measure R Supplemental Agreement.
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Deadline for Action: None
Submitting Department: Administration - CIP Engineering
Contact Name and Phone Number:
Diego Corvera, Civil Engineer, diego.corvera@visalia.city, 559-713-4209
Jim Koontz, City Attorney, jkoontz@prlawcorp.com, 559-372-2400
Frank Senteno, City Engineer, frank.senteno@visalia.city 559-713-4331
Nick Mascia, Assistant City Manager, nick.mascia@visalia.city, 559-713-4323
Department Recommendation:
Staff recommends that the City Council: 1) adopt Resolution 2023-58 a resolution authorizing the City Manager to execute San Joaquin Valley Railroad (SJVR) Reimbursement Agreement for engineering services necessary for the design of Goshen Trail Reconstruction Project; 2). Authorize an additional appropriation of $75,000 from the Measure R Trailways (132) fund; and 3) Authorize the City Manager to execute an amendment to the Measure R Supplemental Agreement with TCAG to increase the Measure R Trail funds allocated to the preliminary engineering phase.
The agreement was prepared by San Joaquin Valley Railroad Company and reviewed and approved by the City Attorney.
Background Discussion:
City Council, at their May 2nd 2022 meeting, directed staff to award the design contract to 4Creeks Inc. in the amount not to exceed $1,269,306.00 to prepare Plans, Specifications, Estimates and to coordinate with the Railroad in the development of construction documents for the Goshen Trail Reconstruction Project.
The Goshen Trail Reconstruction project will require the installation of curb & gutter, reconstruction of the existing asphalt multi use trail, intersection improvements, pedestrian signal modifications, trail lighting, bench installation and landscaping along the entire stretch of the trail.
Railroad Oversight Entities
The railroad that is impacted by the Goshen Trail Reconstruction project is overseen by the following organizations, Union Pacific Rail Road (UPRR) are the underlying owners of the railroad and San Joaquin Valley Rail Road (SJVR) are the railroad operators that oversee the day-to-day use of this segment of railroad. Both of these organizations have design standards and safety requirements that apply to projects that have direct or indirect impacts to the railroad mainline and crossings. These two entities work in partnership in the design review of infrastructure projects and typically the more conservative of their requirements will govern. California Public Utility Commission (CPUC) is the public oversight entity over UPRR and SJVR that serves as a regulatory arm for the railroad.
Railroad Communications and Coordination:
City staff and design consultant originally met with railroad representatives from UPRR and SJVR back in May of 2022 to request letters of support for grant funding that the City was applying for to fund the construction of the Goshen Trail Reconstruction project. Preliminary fees were paid to UPRR and a project scope was provided to the railroad entities to kick off coordination efforts. In August of 2022 a reimbursement agreement was executed with UPRR per their requirements to provide design review consistent with UPRR standards.
City staff and design consultant inquired with SJVR if they required any reimbursement agreement as it could be processed and executed concurrently with UPRR. SJVR stated that no agreement would be necessary at that time and that they will require construction oversight agreement post design approval. Following SJVR staff turnover and coordination with now different SJVR staff, they now require a reimbursement agreement to be executed in order to cover their staff time for the review of the project design.
As much of these improvements will have a direct or indirect impact on the adjacent railroad with specific operation implications at the various intersections, coordination with the SJVR is necessary to design and construct the project. Refer to the attached Concept Design for a typical intersection crossing and project proximity to the existing railroad.
Railroad Coordination Challenges
Both City staff and the design consultant have incurred delays due to railroad staff turnover, lack of communication during transfers, re-scheduling of meetings, and unresponsiveness to correspondences. Despite these difficulties, Staff remains hopeful and is moving forward with the scheduling of meetings and field reviews to continue the design review process.
Phase 1 (Mooney to Giddings) of this project is federally funded for construction and has a construction authorization deadline of April 2025. To-date the City is still on track to meet this deadline assuming the railroad will proceed with their design reviews and that their staff turnover or general delays will cease.
No Council action other than what’s recommended herein is needed at this time. The attached Railroad Correspondence Memo outlines the City to-date coordination efforts with the railroad is for information only. Note though that UPR is holding internal meetings following RR staff comments made regarding the proximity of the project to their facilities.
Staff will return to Council with an update or seek direction if news from either of the railroad companies is determined to be averse to the project.
Fiscal Impact:
The design and ROW phase of this project is funded by Measure R Trails approved by voters and administered and programmed for funding by Tulare County Association of Governments (TCAG).
See below the following summary of the current budget for the design and right of way phase of the project using Measure R Trails:
|
Goshen Trail Reconstruction Project - Design & ROW Phase (CP8130) |
|
Design Funding Source |
|
|
Measure R Trails (132) |
$1,661,630 |
|
Total Project Funding |
$1,661,630 |
|
|
|
|
Goshen Trail Reconstruction Design Budget |
|
|
Design Consultant - 4Creeks (Base) |
$956,906 |
|
Optional or Fix-fee Tasks |
$312,400 |
|
Staff time Estimate (Project Management) |
$50,000 |
|
Design Survey (City Staff) |
$135,000 |
|
Survey Drawing Processing (City Staff) |
$50,000 |
|
Project Contingency (5% of base) |
$50,000 |
|
Union Pacific Railroad Company (Reimbursement Agreement) |
$100,000 |
|
San Joaquin Valley Railroad (PE Reimbursement Agreement) |
$80,740.00 |
|
Total Design Cost |
$1,735,306 |
|
|
|
|
Project Budget (Fund 132) |
$1,661,630 |
|
Project Deficit |
(-$73,416) |
|
Project Appropriation |
$75,000 |
Staff is actively seeking grant opportunities to fund the cost of construction. Completing the design phase of this project will increase the chances of receiving an award of funds for construction as some grant applications will include the projects’ readiness to proceed to construction as a selection criterion for awarding a grant.
Prior Council Action:
August 15, 2022
Adopt Resolution 2022-48 authorizing City Manager to execute reimbursement agreement with Union Pacific Railroad Company for the engineering services associated with the design of the Goshen Trail Reconstruction Project. (Project Number 3010-72000/CP8130-999)
May 2, 2022
Authorize the City Manager to enter a contract with 4Creeks for RFP 21-22-27 to prepare professional consulting services for the design of the Goshen Trail Reconstruction project in the amount not to exceed $1,269,306, authorize an additional appropriation of $650,000 from Measure R Trails (132) Fund, and authorize an amendment to the Measure R Supplement Agreement. (Project Number 3010-72000/CP8130-999)
August 17, 2020
Authorized City Manager to submit a funding application for the 2021 Active Transportation Program (ATP) Cycle 5 to Caltrans and the Tulare County Association of Governments (TCAG)
Alternatives:
None
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to adopt Resolution 2023-XX authorizing City Manager to execute a Reimbursement Agreement with San Joaquin Valley Railroad for the engineering services associated with the design of the Goshen Trail Reconstruction Project, appropriate $75,000 from the Measure R Trailways (132) fund and authorize the City Manager to execute the amendment to the Measure R Supplemental Agreement.
end
Environmental Assessment Status:
To be completed during the design phase
CEQA Review:
To be completed during the design phase
Attachments:
1. Location Map
2. Concept Design
3. Draft SJVR Reimbursement Agreement
4. Resolution No. 2023-XX SJVR Reimbursement Agreement
5. Railroad Correspondence Memorandum
6. Draft Measure R Supplemental Agreement