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HomeMy WebLinkAboutContract 33910 • 3 CITY SECRETARY l CONTRACT NO. 1 Tarrant County Railroad Crossing Consolidation: North Commerce Street, DOT No. 672 9326 In Fort Worth Contract Number THE STATE OF TEXAS § THE COUNTY OF TRAVIS § TEXAS DEPARTMENT OF TRANSPORTATION HIGHWAY-RAILROAD GRADE CROSSING CONSOLIDATION AND CLOSURE AGREEMENT FOR FEDERAL AID PROJECTS THIS AGREEMENT, made and entered into on the date hereinafter shown as being fully executed, by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", the City of Fort Worth, hereinafter called the "Local Government", and the Fort Worth and Western Railroad Company, hereinafter called the "Railroad". WITNESSETH WHEREAS, pursuant to the Highway Safety Act of 1973, the State is charged with the responsibility of prioritizing grade crossing safety improvements for public highway-railroad grade crossings in the State of Texas using federal funds, and WHEREAS, Chapter 471 of the Texas Transportation Code invests the State with certain powers and duties relating to highway-railroad grade crossings and other matters relating to railroads and their operations, and WHEREAS, in the interest of public safety, the State, the Local Government, and the Railroad propose to consolidate and close existing redundant, non-essential highway-railroad grade crossing(s), and make other operational or safety improvements to facilitate the elimination of safety hazards at highway-railroad grade crossings at selected locations, and WHEREAS, the State proposes to provide funding to the Local Government not to exceed $7,500.00 for each closed highway-railroad grade crossing, contingent upon the Railroad providing matching funds equal to or exceeding the State's cost participation, and WHEREAS, the Local Government has adopted a Railroad Grade Crossing Consolidation Resolution, which is attached hereto and identified as Attachment 1, mandating the .closure_of— the crossing DOT # 672 9326 (North Commerce Street) and removal of the crossi g,surfacer 2, and approaches. ` NOW, THEREFORE, in consideration of the premises and the mutual undertakings as herein set forth, the parties hereto agree as follows. Crossing Closure Agreement 1 of 7 FWWR, City of Fort Worth 6/12/06 AGREEMENT Article 1. Scope of Work. The State, Local Government, and Railroad agree to the permanent closure and vacation of the existing railroad grade crossing(s), and to make other operational or safety improvements to facilitate the closure of said existing railroad grade crossing, as shown in the attached Exhibit A. Article 2. Performance of Work. a. The Local Government and the Railroad agree to perform the roadway work as shown in Exhibit A. The Railroad is solely responsible for the removal of the existing crossing surface and warning devices on Railroad right of way and making any changes or alterations in the track, wire lines, drainage, or other Railroad owned facilities located in the crossing right of way and as shown in Exhibit A. b. The Local Government shall make the necessary arrangements for the closing of the crossing(s) shown in Attachment 1. The State shall make funding available to the Local Government, provided the Local Government uses these funds to make safety and/or operational improvements, which may include, but not limited to, (1) removing the existing pavement at the crossing(s); (2) constructing a satisfactory terminus of the roadway at the removed crossing(s); (3) installing proper signs acknowledging the closing of the crossing(s); (4) upgrading existing railroad signals; or (5) improving and/or extending existing streets in the vicinity of the closed crossing(s) to handle the diverted traffic, or (6) providing an alley vacation (See Attachment 1) for adjacent owner in order to obtain railroad crossing closure as approved by the State and as shown in Exhibit A. The Local Government will provide engineering, surveying and re-platting of adjacent property west of crossing as shown in Attachment 2 to provide an alley vacation as a result of the crossing closure. c. The Local Government may perform the improvements with its own forces, with forces from other governmental organizations or utilizing the services of private contractors. In the event the Local Government elects to use private contractors, the Local Government shall comply with the following federal contract procedures: (1) Title 23 CFR Section 635.112 —Advertising for bids and proposals The Local Government will be required to comply with the subsections (a) through (h). Generally, the Local Government must advertise for the bids in a local and/or regional newspaper a minimum of three (3) weeks prior to the opening of the bids. The Local Government shall notify the State prior to submitting the advertisement. The design-build provisions identified in the procedures are not authorized for the desired improvements. (2) Title 23 CFR Section 635.113— Bid opening and bid tabulations The Local Government will be required to comply with the subsections (a) and (b). Under this requirement, all bids received shall be publicly opened and announced by either item by item or by total amount. Bid tabulations shall be certified by the Local Government and submitted to the State for approval prior to the award of the contract. The design-build provisions identified in the procedures are not authorized for the desired improvements. Crossing Closure Agreement 2 of 7 FWWR, City of Fcolffl :PA�`y7EY 6/12/06 � : s (3) Title 23 CFR Section 635.114—Award of contract and concurrence of award The Local Government will be required to comply with the subsections (a) through Q). Under this requirement, the Local Government shall award the contract only on the basis of the lowest responsive bid submitted by qualified bidders. Award shall be within the time frame established by the Local Government and is subject to the prior concurrence of the State. Concurrence by the State is a prerequisite to federal funding participation and is considered as authority to proceed with the construction of the desired improvements. In the event the Local Government determines that the lowest bid is not responsive, it shall notify the State to obtain concurrence before making an award to the next lowest bidder. A copy of the fully executed contract between the Local Government and the contractor shall be furnished to the State as soon as practicable after execution. d. The Local Government shall notify the State in writing to identify what improvements are planned and who will be performing the improvements as described in Article 2.b. above. Approval by the State must be obtained prior to the Local Government incurring any costs eligible for reimbursement. Article 3. Project Funding. a. The State's maximum amount payable under this contract shall not exceed the availability of appropriated federal funds for the project for the fiscal year in which work is performed. The State shall advise the Local Government of the availability of funds. In any event, the State's maximum amount payable to the Local Government for the permanent closure of each existing highway-railroad grade crossing shall not exceed $7,500 for each crossing closed, a maximum total not to exceed $7,500.00 contingent on the Railroad providing matching funds and/or in-kind labor and materials equal to or exceeding the State's cost participation. The State has prepared the "Summary of Estimated Cost", which is attached hereto and identified as Attachment 2. b. The Local Government has furnished the State for State's approval a cost estimate for the eligible improvements identified in Article 2. b., including the number of units and unit cost. The approved cost estimate is attached hereto and identified as Attachment 2. Costs incurred by the Local Government prior to the State's approval of the cost estimate are not eligible for reimbursement by the State. Article 4. Design Requirements and Traffic Control Devices. a. The improvements to be provided by the Local Government will be designed in accordance with the American Association of State Highway and Transportation Officials (AASHTO), "A Policy on Geometric Design of Highways and Streets." b. All traffic control devices installed herein shall comply with the latest edition of the Texas Manual on Uniform Traffic Control Devices for Streets and Highways. Article 5. Work Orders. Prior to beginning any work activities for the eligible improvements described in Article 2. b., the Local Government shall request a Work Order from the State. The State's District Office will issue a written Work Order to the Local Government avt�,'mrftng-,Mo, a�sv Crossing Closure Agreement 3 of 7 FWWR, City of Fb-rt W&Y"', 6/12/06p �� eligible improvements. The approved Work Order shall be attached hereto and identified as Attachment 4. Costs incurred by the Local Government prior to the issuance of the Work Order are not eligible for reimbursement by the State. Article 6. Payment. a. Reimbursement to the Local Government will be made for work performed and materials furnished, including but not limited to, insurance premiums and coverage at the rate and amount set forth in the approved cost estimate attached, in accordance with Title 23, Code of Federal Regulations (CFR), Subchapter B, Part 140, Subpart I, issued by the Federal Highway Administration, and amendments thereto except as modified by the provisions herein. Work performed and materials furnished by the Local Government shall be reimbursed by the State based on actual costs incurred by the Local Government, not to exceed $7,500.00 for each highway-railroad grade crossing closed, a maximum total not to exceed $7,500.00, and in accordance with Article 3. "Project Funding". b. The Local Government may seek reimbursement of eligible costs using one of the following payment schedules: (1) Progressive Payments. The Local Government may submit monthly bills of at least $2,500.00, prepared in satisfactory form, for the costs associated with the improvements described in Article 2. b. The State shall pay up to 95% of the costs detailed on the request for payment and make payment within thirty (30) days of receipt of the bill. The remaining balance will be paid to the Local Government based upon the findings of the audit as described in Article 6. c. (2) One Time Payment. After completion of the improvements described in Article 2. b., the Local Government shall submit to the State a request for a one time payment. The State shall make the payment within thirty (30) days from receipt of the request. c. Upon completion of the improvements, the State will perform an audit of the Local Government's cost documentation and, when applicable, will make payment of the eligible balance due the Local Government. Final payment to the Local Government will be made within thirty (30) days from completion of the audit. In the event funds are due to the State, the Local Government will make payment within thirty (30) days from receipt of the State's written request. d. Additionally, the Local Government shall submit to the State documentation acknowledging receipt of the payment made by the Railroad of in-kind matching funds to facilitate the closure of the railroad grade crossing as described in Attachment 1. Article 7. Amendments. No changes, revisions, amendments or alterations in the terms of this agreement, including exhibits and attachments hereto, shall be made unless a written amendment is agreed to by the State, Railroad, and Local Government. Article 8. Compliance with Laws. a. As applicable, the State, the Local Government, and all contractors shall be required to comply with all federal and state laws, statutes, rules and regulations, together with all lawful local ordinances, and the orders and decrees of any courts or administrative bodies or tribunals Crossing Closure Agreement 4 of 7 FWWR, City of Fort Worth 6/12/06 in any matter affecting the performance of this contract, including without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations including 49 CFR 21 and 23 CFR 710.405 and Executive Order 11246, licensing laws and regulations and all relevant provisions of Title 23, Code of Federal Regulations (CFR), Subchapter B, Part 140, Subpart I, issued by the Federal Highway Administration and amendments thereto except as modified by the provisions herein, including requirements of 23 CFR 646 (Railroad-Highway Projects), all included herein by reference. No party to this contract shall award any contract to any party that has been debarred, suspended, or is otherwise ineligible for participation in federal assistance programs under Executive Order 12549 "Debarment and Suspension". The parties to this agreement shall comply with the Cost Principles stated in the Federal Acquisition Regulation System (FARS, Part 31), which requires all project costs to be allowable, reasonable, and allocable to the project, and with Disadvantaged Business Enterprise Program requirements in 48 CFR Part 23, which requires that minorities shall affirmatively be provided reasonable opportunity to provide goods and services for the project. b. The Local Government has enacted and passed the necessary ordinance, order, resolution, or administrative instrument necessary to permit the permanent closure of the highway-railroad grade crossing(s) as listed, and has attached the ordinance hereto upon execution by the Local Govemment and marked it Attachment 1. Said ordinance, order, resolution, or administrative instrument states the crossing(s) shall be permanently closed and the roadway grade or embankment shall be removed from Railroad property. If in the future the Local Government deems it essential from a safety and/or operational necessity to re-open the highway-railroad grade crossing(s) closed as a part and condition of this agreement, the Local Government agrees to reimburse the State for all costs previously paid by the State to facilitate said closure within the scope of the project. Payment shall be made by the Local Government within thirty (30) days from receipt of the State's written request. The Local Government further agrees to assume all costs associated with re-opening said highway-railroad grade crossing(s), including but not limited to, roadway approaches, crossing surface, railroad warning devices, to include flashing light signals with bells and gates, and appropriate circuit control equipment, or warning devices of such design as recommended by a diagnostic inspection team. Article 9. Records and Audits. a. The State and the Local Government shall maintain books, documents, papers, accounting records, and other evidence pertaining to costs incurred and work performed hereunder and shall make such materials available at their offices during the contract period and for three years from the date of final payment. The records shall be made available to representatives from the State or U. S. Department of Transportation, including the Office of Inspector General, for the purpose of making audits, inspections, transcriptions, or excerpts. b. The State auditor may conduct an audit or investigation of any entity receiving funds from the State directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the State auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funder Article 10. Maintenance. The Local Government shall own and maintain any rrj�o es L1rE fences or other facilities not located on Railroad right of way. �U•' ���� Article 11. Responsible For Its Own Actions. The parties hereto acknowledge tha _.M. Crossing Closure Agreement 5 of 7 FWWR, City of Fort Worth 6/12/06 is an agent, servant, or employee of any of the other parties, and each party agrees it is responsible for its own individual acts and deeds as well as the acts and deeds of its contractors, agents, representatives, and employees during performance of contract work. Article 12. Termination. This agreement is effective as of the last date of execution by the Railroad, Local Government, and State and shall continue in effect thereafter until terminated as provided for in this article. This agreement may be terminated in whole or in part by the State, or the Railroad, or the Local Government as follows: a. By mutual consent and agreement of the parties hereto; b. By the State for reasons of its own and not subject to the mutual consent of the Local Government and the Railroad, upon not less than thirty days written notice to the Local Government and the Railroad; c. By the State if federal funds are no longer available to fund the highway-railroad grade crossing closure(s); d. By the State giving notice in writing to the Local Government as a consequence of failure by the Local Government to perform the work authorized herein in accordance with the terms, conditions, or required items of work, with proper allowances being made for circumstances beyond the control of the Local Government and after providing at least thirty days notice for the Local Government to remedy the noncompliance. Should this agreement be terminated for any reason(s) specified above, the State shall compensate the Local Government for the reasonable value of services and work satisfactorily performed up to the date of termination, and in accordance with Article 8. "Compliance with Laws Article 13. Signatory Warranty. Each signatory to this agreement certifies that he has the authority to enter into this agreement on behalf of his organization. Crossing Closure Agreement 6 of 7 FWWR, City of Fort Worth 6/12/06 IN WITNESS WHEREOF, the State, the Local Government, and the Railroad have executed triplicate counterparts of this agreement. THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the Texas Transportation Commission under the authority of Minute Order 100002. B '�, Date P I L* los A. Lopez, P.E., Director, Traffic Operations Division CI OF FORT WORTH Approval Recommended: City of Fortorth � r i By. Robert oode, P. E.,Director Marc A. Ott Transportation and Pubfic Works Assistant City Manager ATTEST: Approve togForma Marty Hendrix Amy Ram y City Secretary =—E-Q�UIRED ant City Attorney NO M&C FORT WO TH AND WESTERN AILROAD COMPANY B Gw Date Name and Title Notices: For the purposes of this agreement, all notices, correspondence, billings, and other documentation shall be mailed to the following addresses: For the State of Texas For the City of Fort Worth For the Fort Worth and Western Railroad Co. Railroad Section Director Robert Goode, P.E. Jim Martin Texas Department of Director of Transportation President and Chief Operating Transportation and Public Works Officer Traffic Operations Division City of Fort Worth Fort Worth and Western Railroad 125 E. 11th Street 1000 Throckmorton St. 6300 Ridglea Place, Suite 1200:,:-:! i5'vV'J�'C Austin, TX 78701-2483 Fort Worth, TX 76102 Fort Worth, TX 76116 � �� Crossing Closure Agreement 7 of 7 FWWR, City of Fort Worth 6/12/06 L � 4 • V ♦�! t - �r 1 Exhibit "A" N 11 15 8 Railroad Crossing Closure at 7 17 10 FWWR & Commerce 9 6 8 18 7 19 5 Y2] 17 6 20 3 8 18 5 21 7 19 4 22 6 20 3 23 13 5 21 2 24 '14 4 22 1 11 15 3 23 2 24 12 10 16 1 11 9 13 8 1 12 14 7 2 11 15 18 6 3 10 .- 46 19 5 9 17 20 4 g 18 5 21 6 7 19 3 22 7 6 23 y0 g 5 2 G2 11 4 1 12 g 13 10 2 3 12 14 11 15 43 3 10 16 42 1 14 9 17 41 2 15 8 18 403 16 7 19 � 39 20 9 17 6 4 18 5 21 38 5 A 8 22 7 19 4 0 50 100 200 Feet Right of Way and Property Lines -E—�-- Active FWWR Line ,,�,J ® closure ' _ March 2006 1 01 PRO PS*Eb ALLEY VALA-1o1i — FV�UFZ�OA'fM�P.C��R�ES —_- -=� FORT WORTH AND WESTERN RAILROAD COMMERCE STREET CLOSURE IN FORT WORTH ATTACHMENT 1 130 F260 eet 520 o r- -Z- ,., A Resolution NO.. 3321-03-2006 AUTHORIZING THE CLOSURE OF THE A PORTION OF THE 1100 BLOCK OF NORTH COMMERCE STREET AT THE FORT WORTH AND WESTERN RAILROAD CROSSING WHEREAS, the City of Fort Worth desires to physically close the 1100 BIock of North Commerce Street in the North Foit Worth Addition,from a point 150 feet south of Northeast 11th Street to a point 40 feet noith of Northeast 10h Street being approximately 380 feet long, 75 feet wide and containing 28,500 square feet,more or less; WHEREAS, the Plan Commission of the City of Fort Worth has reviewed this request and recommends that the request be approved; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,TEXAS: That the existing street, a portion of the 1100 Block of North Commence Street at the Fort Worth & Western Railroad crossing (DOI No. 672 932B, railroad milepost 736.68), and as more specifically -described in Exhibit"A,"attached hereto and incorporated herein,be physically closed with a barricade, with the City of Fort Worth to retain title to the public right-of-way in said street,retaining any and all easements for existing and prospective utilities, and retaining the right of access at all times for the purpose of'maintaining existing and prospective utility facilities located in the aforesaid portions of'said street. the City reserves the right,at the sole discretion of'the City Council,to reopen by resolution the aforesaid street right-of-way to public travel at any time by directing the removal of the aforesaid barricade, reconstruction of the roadway and the installation of appropriate railroad traffic control devices. ADOPTED this 21'` day of March .2006 APPROVE, h CITY Gain: ' Marty Heirdrix MAR'2 1 'W O City Secretary Secretor d city of Fart V C-11ry or roftr wanlrn TAC—f+ nit C 0 A, T1 CITY 2 2 13 CITY OF FORT WORTH ESTIMATED COST: ENGINEERING ESTIMATE FOR ALLEY VACATION BLOCK 45, NORTH FORT WORTH NORTH COMMERCE STREET RAILROAD CROSSING CLOSURE Prepare Documents, Metes and Bounds, Drawing $3,500 Re-Plat, perimeter survey, re-draw lot boundaries $8,000 Application Fee $600 TOTAL $12,100 FORT WORTH AND WESTERN COST CONTRIBUTION: Labor and Equipment Cost to install new concrete surfaces at one or more of the following crossings: Long Ave, Richmond Ave, Hattie St, Maddox St or another crossing designated by the City up to a maximum cost of: $7,500 (The concrete material will be at the cost of the City of Fort Worth) ATTACHMENT 2