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HomeMy WebLinkAboutContract 37034CITY SECRETgRY CONTRACT 00 e � �J LAW DEPARTMENT APPROVED CROSSING SURFACE INSTALLATION AGREEMENT BNSF RIGHT-OF-WAY HEMPHILL STREET IN FORT WORTH DOT NO. 020486J LS 7500, MP 343.52 This Crossing Surface Installation Agreement (hereinafter called, this "Agreement") is entered into effective as of February 19, 2008, by and between City of Fort Worth, Texas (hereinafter called, "Agency") and The BNSF Railway Company (hereinafter called, the "Company"). WHEREAS, Company operates a freight transportation system by rail with operations throughout the United States and Canada; and WHEREAS, Agency and Company desire to install a new concrete and rubber crossing surface at Hemphill Street; NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree as bllows: 1. Company Work. The Company will install a total of one new concrete and rubber crossing surfaces for a width of 152 feet each from the edge of the pavement to the edge of the pavement. The new crossing surface will adequately cover all vehicular driving lanes and sidewalks at Hemphill Street. The Company will furnish and place asphalt -stabilized base under the track for the crossing surface renewal. The Company will perform all necessary track upgrades to accommodate the new crossing surfaces. The Company will remove and stack the existing concrete panels next to the Hemphill Street crossing for the Agency to remove and store for use at other crossings owned by the Company. The Company contact person to coordinate schedule of work is Roadmaster Phil Dodson at Office: 817-352-2541 or Cell Phone: 817-313-2450, 2. Payment; Invoicing. Upon execution of this Agreement by both parties hereto, Company will order materials and upon completion of installing the new concrete crossing surface will send Agency an invoice detailing the total amount owed by Agency for the new crossing surface. Agency agrees to pay Company three hundred dollars and no/100 dollars ($300.00) per foot for the new crossing surface. Agency's LUMP SUM total cost for the new crossing surface is forty-five thousand six hundred and no/100 dollars ($45,600). 3. Maintenance of the Crossing Surface. After installation of the new crossing surface is completed, the Company will maintain, at its own cost and expense, the crossing surface in a satisfactory manner. Notwithstanding the preceding sentence, the Company shall be entitled to receive any contribution toward the cost of such maintenance made available by reason of any existing or future laws, ordinances, regulations, orders, grants, or other means or sources. 4. Vehicular Traffic during Installation. The Agency shall provide, at its own cost and expense, all necessary barricades, lights or traffic control devices for detouring vehicular traffic at the Hemphill Street crossing during installation of the new crossing surface. 5. Drainage, The Agency agrees to allow the Company to drai Hemphill Street crossing area into existing Agency storm sewers, if such .�zter__fxom the pp x��Q1Q , a G- LAW DEPARTMENT APPROVED available. Drain pipes and filter fabric necessary for such drainage will be furnished and installed by the Company. 6. Roadway Surfacing Work. The Company will furnish asphalt for the Agency to place on roadway approaches to the new crossing surface. The Agency agrees to place, at its sole cost and expense, the asphalt to cover the distance between the roadway surface at Hemphill Street and the new crossing surface on both sides of the track. Agency further agrees that both new roadway approaches will be constructed level with the top of rail of the finished crossing surface. The Agency will promptly remove the stacked concrete panels (See Section 1 above) and store them for use on other crossings owned by the Company. 7. Term. This Agreement begins on the effective date set forth above and remains in effect until completion of all work contemplated in this Agreement and Agency's payment of the amounts set forth in Section 2 above. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by its duly qualified and authorized officials as of the day and year first written above. THE LOCAL GOVERNMENT CITY OF FORT WORTH Hendrix City Secretary Contract Authorization Date: 412,5 APPRO�c1ED AS T;� F�M AND LEGALITY: COMPANY: The BNSF Railway Co,�apany: Timothy J. Huya, Man ger P0ic Projects Assistant City Manager APPROVAL RECOMMENDED: Amy Ra y �� s/ M►Nj � , � � . Assistant City Attorneys Dire r, nsportation/ Public Works Department Date: Date: c All invoices for the project will be sent to: City of Fort Worth Tim Oster Railroad Project Manager 5001 James Avenue Fort Worth, Texas 76146-- - —= N,n p'�1 Phone: 817-3 R j f � 1� Ft�rt`:AYQi'j 04 a Page 1 of 2 1. �.� , ) i REFERENCE N�.: '�*C-22756 SUBJECT: Authorize an Agreement with the Burlington Norihern Santa Fe Railway Company to Install New Concrete Railroad Grossing Surface on Hemphill Street REGQMMENDATI®N: it is recommended that the City Council authorize the City Manager to enter info an agreement with the Burlington Northern Santa Fe Railway Company, in the amount of $45,60t), for the City's participation to install a new concrete railroad crossing surface in the 2400 Block of Hemphill Street. DISCUSSION: The railroad crossing surface on Hemphill Street at the Burlington Northern Santa Fe {BNSF} tracks is in need of replacement. Fortunately for the City, the BNSF needs to replace the rail -bed at this same crossing, and has offered to cost -share the project. The Transportation and Public Works Department (TPW) has evaluated the offer and recommends to proceed wi#h this project. This surface project is to only address the street surface across the tracks and not the adjacent sidewalk surface. The adjacent sidewalk surface is planned to be upgraded within the Hemphill West Quiet Zone grant project (Mayor and Council Communication G-15544 approved 12/19/06). That project's planning and design will be underway later this year and will include the creation of a quiet zone for the five railroad crossings in this vicinity, improve the sidewalk sections adjacent to Hemphill and at the other project railroad crossings to meet ADA standards, and to make several other improvements. Again, this project will only replace the pavement surface adjacent to the rails, and not the several hundred feet of sidewalks adjacent to Hemphill Street. This surface project is being accelerated to take advantage of a cost -share arrangement offered by the BNSF. Because the BNSF needs to replace the rail -bed in their track system immediately, the BNSF has offered to cost -share the project resulting in significant savings to the City. It is anticipated the BNSF will conduct this crossing surface upgrade in March 2t1tr18, including the removal of the old crossing panels, make track repairs, install alC new concrete panels on the street, and perform some limited sidewalk work in anticipation of the future grant program. For the 152 foot distance, the City will be charged $300 per foot for the new panel installation versus the normal $1,2©a per foot charge. In addition to this agreemen#, the City will provide traffic control and TPW Street Division labor work in the amount of $8,Ot)fl. Furthermore, to recycle material, BNSF will provide the recovered usable concrete track panels to the City for use on another crossing surface project in the future, thus producing savings on a later project. As a note, TPW does have a systematic process to evaluate and rank all potential railroad crossing projects in the city. Each of the nearly 200 crossings is ranked based on the crossings roughness, heavy http://apes.cfwnet.orglcouncil_packet/Deports/mc�rint.asp 4/23/2008 Page 2 of 2 truck usage, and nearby street conditions. Improvements to crossings are then made as funding is available. However, included in a comprehensive set of several improvements within the upcoming Hemphill West Quiet Zone grant project, this Hemphill crossing surface was planned to be upgraded in that effort. The total estimated cast to the grant is as follows: BNSF Force Account -Concrete Crossing {$300 per foot) Traffic Control Provided by Fort Worth City Street Crew and Staff Time Total Estimated Cost $45,600.00 $3,000.00 5 000.00 $53,600600 This project will accomplish tasks that were anticipated under the grant project to improve the crossing surface and most importantly improve the sidewalk surface. This project is located in COUNCIL DISTRICT 9. FISCAL INFORMATION/C�RTtFICATION: The Finance Director certifies that funds are available in the current capita( budget, as appropriated, of the Grant Fund. TO_Fund/Account/Centers FROM Fund/Account/Centers Originating Department Head: GR76 541200 020302158830 Fernando Costa (Acting) (8476) Greg Simmons (7862) Russ Wiles (7978} $45,600.00