HomeMy WebLinkAboutContract 35285 (2)STATE OF TEXAS §
COUNTY OF TRA!!IS §
C:��i `( ;��t;�� IARY
�C)N��i'A�`� NO , 3 �� �'rS
CSJ # 0902-48-688/689
District # 02
Code Chart 64 # 15000
Project: Peach Street Area and
Peach Street East (Railroad Safety
Pro' ect
Agreement No. 02-7X��6018
LOCAL TI�ANSPORT�lTION PROJECT
�►DVAIVCE FUNDING AC;REEMENT
�or an STP-MM Project
(OfF State System)
THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State ofi
Texas, acting by and through the Texas Department of Transportation, hereinafter calied the "State",
and the City of Fort Worth, acting by and through its duly authorized ofFicials, hereinafter called the
"Local Government."
WITNESSETH
WHEREAS, a Master Agreement between �h� Local Government and the St�te has been adopted
and states the general terms and conditions for transportation projects developed through this
LPAFA; and,
WHEREAS, the Texas Transportation Commission passed Minute Order 108812/ 000114 that
provides for the development of, and funding for, the projects describe herein; and,
WHEREAS, the Governing �ody of the Local Government has approved entering into this LPAFA by
resolution or ordinance dated / y-/9 - o� , which is attached hereto and made a part
hereof as Attachment A for development of the specific project which is identi�ed in the location map
shown as Attachment �.
IdOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties hereto, to be by them respecfiively kept and performed as hereinafter set forth, it is
agreed as follows:
AGREEMENT
1. The period of this LPAFA is as stated in the Master Agreement, without exception.
2. Termination of this LPAFA shall be under the conditions as stated in the Master Agreement,
without exception.
3. Amendments to this LPAFA shall be made as descrit�ed in the Master Agreement, without
exc�ption.
4. Scope of Work:
The scope of work for this LPAFA is described as evaluate the railroad crossings listed below
to enhance the oper�tion and safety of the facilities, and construct improvements at certain sites.
Improvement options were established in the City of Fort Worth's October 2003 NCTCOG Railroad
Crossing Reliability Partnership Program submission. Refinement and identification of specific
improvements will be determined during the course of the project. -----_ ---
_��. � __ _ ,;
AFA—LPAFA_OffSys Page 1 of 8
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l�, �,:; Re�ised 2/2/06
1. UP and E. 1St Street (E)
2. �NSF/UP and E 1St Street (Mid)
3. BNSF/UP and E. Peach Street (E)
4. BNSF and E. Peach Streei (W)
5. �N�F and E. 1 St Street (W)
6. BNSF and Samuels Ave
CSJ # 0902-48-688/689
District # 02
Code Chart 64 # 15000
Project: Peach Street Area and
Peach Street East (Railroad Safety
Pro'ect
Agreement No. 02-7XXF6018
Major work activities are as follows:
Union Pacific & Peach Streefi
The City will construct a pedestrian tunnel or bridge at the Union Pacific (UP) and Peach Street
railroad crossing. The City will also construct the Live Oak Connector, being a new route to provide
uninterrupted public and emergency vehicle access to the community located west of the UP railroad
tracks. Upon completion of the Live Oak Connector, the Ciiy will close street at the UP crossings
located at Peach and at 1 St Street with the installation of barricades afi each location. Fences and
CCTV cameras will be installed as needed to improve public safeiy. A portable train monitoring
system will be purchased.
BNSF & Peach Street
The City will construct a pedestrian tunnel or bridge and improve sidewalks in the vicinity of the �NSF
& Peach Street crossing. The City will install fences, CCTV cameras, and a train monitoring system
as needed to improve public safety and provide emergency services personnel with train location
information in case of an emergency.
5. Right of Way and Real Property shall be the responsibili�y of the Local Government, as stated in
the Master Agreement, without exception.
6. Adjustment of utilities will be provided by the Local Government as required and as stated in the
Master Agreement without exception.
7. Environmental Assessment and Mitigation will be carried out as stated in the Master Agreement,
with�ut exception.
8. Compliance with Texas Accessibility Standards and ADA will be as stated in the Master
Agreement, without exception.
9. Architectural and Engineering Services will be provided by the Local Government, as stated in the
Master Agreement, without exception. The Local Government is responsible for performance of
any required architectural or preliminary engineering work. The State will review and comment on
the work as required to accomplish the public purposes of the State. The Local Government will
cooperate fully with the State in accomplishing these local public purpo�es to the degree
permitted by State and Federal law.
The engineering plans shall be developed in accordance with the applicable State's Standarr! Specifications
for Construction and Maintenance of Highways, Streets and Bridges, and the special specifications and
special provisions related thereto. Improvements will be designed to meet, at the minimum, AASHTO
standards.
AFA—LPAFA_OffSys Page 2 of 8 Revised 2/2/06
CSJ # 0902-48-688/689
District # 02
Code Chart 64 # 15000
Project: Peach Street Area and
Peach Street East (Railroad Safetv
Pro' ect
Agreement No. 02-7XXF6018
10. Construction Responsibilities will be carried out by the Local Government, using local force
account work and contract forces, as stated in the Master Agreement, without exception.
11. Project Maintenance will be undertaken as provided for in the Master Agreement, withoufi
exception.
12. Local Project Sources and Uses of �unds
a. Project Cost Estimate: A Project Cost Estimate is provided in Attachment C. Any work done
prior to federal authorization will not be eligible for reimbursement. It is th� Local
Government's responsibility to verify with the State that the Federal Letter of Authority has
been issued for the work covered by this Agreement.
b. A Source of Funds estimate is also provided in Attachmenfi C. Aitachment C shows the
percentage and absolute dollar amount to be contributed to the project by federal, state, and
local sources.
c. The Local Government is responsible for all non-federal and non-state funding, including all
project cost overruns, unless provided for thraugh amendment of this agr�ement.
d. Prior to the perFormance of any engineering review work by the State, the Local Gov�rnment
will pay to the State the amount specified in Attachment C. At a minimum, this amount shall
equal the Local Government's funding share for the estimated cost of preliminary engineering
for the project. Afi least sixty (60) days prior to the date set for receipt of the construction bids,
the Local Government shall remit its remaining financial share for the State's estimated
construction oversight and construction costs.
�. In the event that the State determines that additional funding by the Local Government is
required at any time during the Project, the State will notify the Local Government in writing.
The Local Government shall make payment to the State within thirty (30) days from receipt of
the State's written notification.
f. When�ver funds are paid by the Local Government to the State under this Agreement, the
Local Government shall remit a check or warrant made payable to the "Texas Department of
Transportation Trust Fund." The check or warrant shall be deposited by the State in an
escrow account to be managed by the State. Funds in the escrow account may only be
applied by the State to the Project. If, after final Project accounting, excess funds remain in
the escrow account, those funds may be applied by the State to the Local Government's
contractual obligations to the State under another advance fundiiig agreement.
g. If any existing or future local ordinances, comrrlissioners court orders, rules, policies, or other
directives, including but not limited to outdoor advertising billboards and storm water drainage
facility requirements, are more restrictive than State or Federal Regulations, or if any other
locally proposed changes, including but noi limited to plats or replats, result in increased costs,
then any increased costs associated with the ordinance� or changes will be paid by the local
government. The cost of providing right of way acquired by the State shall mean the total
expenses in acquiring the property interests either through negotiations or eminent domain
proceedings, including but not limified to expenses related to relocation, removal, and
adjustment of eligible utilities.
h. 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
AFA—LPAFA_OffSys Page 3 of 8 Revised 2/2/06
CSJ # 0902-48-688/689
District # 02
Code Chart 64 # 15000
Project: Peach Street Area and
Peach Street East (Railroad Safety
Pro'ect
Agreement No. 02-7XXF6018
legislative audit committee, to conduct an audit or investigation in connection with those funds.
An entity that is the subject of an audit or investigation must provide the state auditor with
access to any information the state �uditor considers relevant to the investigation or audit.
13. Document and Information Exchange. The Local Government agrees to electronically deliver to
the State all general notes, specifications, contract provision requirements and related
documentation in a Microsoft0 Word or similar documenf. If requested by the State, the Local
Government will use the State's document template. The Local Government shall also provide a
detailed construction iime estimate including fypes of activities and month in the format required
by the State. This requirement applies whether the Local Government creates the documents
with its own force� or by hiring a consultant or professional provider.
14. Incorporation of Master Agreement Pravisions. This LPAFA incorporates all of the governing
provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final
execution of this LPAFA, unless such MAFA provision is specifically excepted herein.
15. Insurance. If this agreement authorizes th� Local Government or its contractor to perform any
work on State right of way, before beginning work the entity performing the work shall provide the
State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the
existence of coverage in the amounts and types specified on the Gertificate of Insurance for all
persons and entities working on State right of way. This coverage shall be maintained until all
work on the State right of way is complete. If coverage is not maintained, all work on State right of
way shall cease immediately, and the State may recover damages and all co�ts of �ompleting the
work.
16. Signatory Warranty. The signatories to this agreement warrant �hat each has the authority to enter
into this agreement on behalf af the party represented.
IN TESTIMONY HEFtEOF, the parties hereto have caused these presents to be executed in duplicate
counterparts.
THE LOCAL GOVEFtNMENT
TTEST:
Marty Hendrix
City Secretary
C� �����
Contract Authorization
Date: Ca---t`( --o%
APPROVED AS TO FORM AND LEGALITY:
�%Amy Ramsey C_Z f �� �
� Assistant City Attorney �Z��y�Ob
-�
A R V •
arc Ott � `
Assistant City Manager
Date: z� � � '� � D'7
APPROVAL RECOMMENDED:
,�
.i
Rob�rt Goode, P.E.
Director, Transportation/
Public Works Department
AFA—LPAFA_OffSys Page 4 of 8
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`� -�i'i�ed`2/2/06
CSJ # 0902-48-688/689
District # 02
Code Chart 64 # 15000
Project: Peach Street Area and
Peach Street East (Railroad Safetv
Pro'ect
Agreement No. 02-7XXF6018
Date: Date:
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportatian Commission for the
purpose and effect of activating and/or carrying out the orders, established policies or work programs
heretofore a�roved and authorized by the Texas Transportation Commission.
:
Janice Mulleni� " '
Director of Gontract Services Section
Office of General Counsel
Texas Department of Transportation
Date: a y ;ZDo �2..
AFA—LPAFA_OffSys Page 5 of 8 Revised 2/2/06
CSJ # 0902-48-688/689
District # 02
Code Chart 64 # 15000
Project: Peach Street Area and
Peach Street East (Railroad Safetv
Pr o' ect P
Agreement No. 02-7XXF6018
ATTACHMENT A
RESOLUTION OF L,OGAL GOVERNMENT
APPROVINC THIS LPAF�►
AFA—LPAFA_OffSys Page 6 of $ Revised 2J2/06
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/19/2006 - Ordinance No. 17334-12-2006
DATE: Tuesday, December 19, 2006
LOG NAME: 20PEACH ST AREA REFERENCE NO.: C-21910
SUBJECT:
Authorize Execution of a Local Project Advance Funding Agreement with the Texas Department of
Transportation and a Railroad Crossing Closure Agreement with TxDOT and Union Pacific Railroad
for the Peach Street Area Railroad Safety Improvement Project and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authori�e the City Manager to execute a Local Project Advance Funding Agreement (LPAFA) for the
Peach Street Area Railroad Safety Improvement Project with the TxDOT in the amourit of $2,904,276;
2. Authorize the City Manager to accept $2,541,636 in federal funds from the North Central Texas Council
of Governments (NCTCOG) Railroad Crossing Reliability Partnership Program and from a 2003 Federal
Legislative Program earmark for this project;
3. Authorize the City Manager to accept a donation of $50,000 from the Union Pacific Railroad for use
towards the local match to the Grant Fund;
4. Authorize the City Manager to accept a donation of $25,000 from the BNSF Railway for use towards
the local match to the Grant Fund;
5. Authorize the transfer of $36,284 from the Street Light and Signal Improvements Fund to the Grant
Fund for the City's match;
6. Authorize the transfer of $213,856 from the 2004 Street Light and Signal Improvement Fund to the
Grant Fund for the City's match;
7. Authorize the City Manager to execute a Highway-Railroad Grade Crossing Consolidation and Closure
Agreement with the TxDOT and the Union Pacific Railroad in which TxDOT would reimburse the City up to
$37,500 to be used towards the local match to the Grant Fund;
8. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund by $2,904,276; and
9. Authorize payment in the amount of $24,480 to TxDOT representing the initial installment of the City's
participation according to the LAPFA. .
DISCUSSION:
The 2004 Capital Improvement Program (CIP) includes funds in the amount of $9,000,000 for Traffic
Signals of which $600,000 was designated for the Railroad Safety Program. Total local match for this
agreement is $362,640 which will be shared by several local entities, i.e. $50,000 from Union Pacific
_ Ra�lroad; $25,000 from BNSF Railway Company, $36,284 from a portion of a donation from the City of
Duncanville which was received for the closure of Jennings Avenue, $37,500 from reimbursement from
TxDOT, and fhe City's portion of $213,856 which will be from the 2004 CIP Railroad Safety Program funds.
In 2003 the Regional Transportation Council set aside federal funds to improve the safety of railroad
crossings in the Fort Worth-Dallas area. In a call-for-projects under the North Central Texas Council of
Government's (NCTCOG) Railroad Crossing Reliability Partnership Program, the Transportation and Public
Works department (TPV� submitted thirteen railroad safety and quiet zone project proposals (M&C G-
14128). As a result of this NCTCOG railroad grant, the City of Fort Worth was awarded four of the projects,
capturing 61 percent of the program's total available funds.
In 2003 the City of Fort Worth adopted the 2003 Federal Legislative Program (M&C G-13945) that included
earmarking a request for the Peach Street Area Railroad Safety Improvement Project. This effort resulted
in a federal earmark in the amount of $1,721,874 for the construction of a pedestrian over/underpass at
Peach Street railroad crossings.
The Peach Street Area project is to upgrade area railroad crossings to improve crossing safety and to
deploy a quiet zone at the group of crossings noted below. Together both the NCTCOG railroad grant and
the Federal Earmark are to solve the severe access problems caused by stopped trains blocking crossings
in the Samuels Avenue/Rock Island neighborhood with the construction of a new route to the neighborhood
that does not cross any railroad tracks, the construction of a pedestrian under or overpass, and the creation
of a quiet zone for the area. Specifically, the problems documented are neighborhood isolation from
emergency services such as fire, police and ambulance service, children walking to and from school that
are often seen crawling under stopped rail cars, and excessive train horn noise at all hours of the day and
night. The six railroad crossings addressed by this project are:
-1. BNSF & E Peach Street (west)
2. BNSF/UP & E Peach Street (east)
3. BNSF & E 1st Street (west)
4. BNSF/UP & E 1st Street (middle)
5. UP & E 1 st Street (east)
6. BNSF & Samuels Ave
Considerations for improvements will include upgrades to railroad crossing gate systems, the installation of
quiet zone devices, closures, construction of pedestrian over/under pass, street and sidewalk improvements
near each crossing.
This project includes funds from the closure of Jennings Avenue which was approved on March 28, 2006,
(M&C C-21366) that authorized the acceptance of a donation of $50,000 from the City of Duncanville, of
which $36,284 will be used as part of the city's local match for this grant project.
For this project and the other three city projects awarded in the NCTCOG railroad program, TPW intends to
engage a consultant to assist with project management, conduct public meetings, coordinate design and
construction with the railroad companies, prepare railroad and roadway design, prepare project
documentation, and conduct construction oversight. TPW staff will manage the project and construct
certain improvements. TPW will also initiate construction contracts for railroad and roadway projects.
This project is located in COUNCIL DISTRICT 8 and 9.
FISCAL INFORMATION/CERTIFICATION: "
The Finance Director certifies that upon approval of above recommendations and adoption of the attached
appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Grant
Fund.
llhTT A lITT ["1T A TT A
TO Fund/AccountlCenters
2) GR76 451962 020302157000
2) GR76 451942 020302157000
3) GR76 451.968 020302157000
4) GR76 451995 020302157000
5) GR76 472201 020302157000
6) GR76 472201 020302157000
7) GR76 451942 020302157000
8) GR76 5
VARIOUS 020302157010
$97.922.00
$2,443, 714.00
$50,000.00
$25,000.00
$36,284.00
$213, 856.00
$37,500.00
$2,904.276.00
FROM Fund/AccountlCenters
5) C201 538070 209750026030
6) C201 538070 208750059380
9) GR76 541200 020302157010
5)C201 538070 209750026010
Submitted for City Manager's Office by: Marc Ott (6122)
Originating Department Heacl: Robert Goode (7801)
Additional Information Contact: Russell Wiles (7978)
T...`�.,�_,,. !1/�TT A!'�TT C'1T A TT A
$33,000.00
$213.856.00
$24,480.00
3 284.00
CSJ # 0902-48�688/689
District # 02
Code Chart 64 # 15000
Project: Peach Street Area and
Peach Streei East (Railroad Safety
Pro' ect
Agreement No. 02-7XXF6018
ATTAGHMENT B
PROJECT LOCATION �IIAP
AFA—LPAFA_OffSys Page 7 of 8 Revised 2/2/06
�
Attachment "B"
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Project Map City of Fort Worth
o �,500 3,00o Corridor: Peach St
Feet October 2003
BNSF UP Peach.mdx
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