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Home My WebLink AboutContract 3750031soo 0 CSJ #09024&694 District # 02 Code Chart 64 #15000 Project: South Central High -Speed Corridor Ouite Zone Proi ect Agreement No. 02-7XXF6015 LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For a Safety Project (Off State System) THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State" and the Citv of Fort Worth, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, a Master Agreement between the Local Government and the State 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 that provides for the development of, and funding for, the project described herein; and, WhtEREAS, tF're Governing Body of the .ocal Government has approved entering into this LPAFA by resolution or ordinance dated 3 f Q , which is attached hereto and made a part hereof as Attachment A for development of the specific project which is identified in the location map shown as Attachment B. NO%/V, THEREr.ORE, in consideration of the premises and of the mutual covenants and agreements Of the parties hereto, to be by them respectively 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, ��vithout exception. 3. Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. 4. :Scope of Vl.�ork. _� he scope ref work for this LPAFA is described as the evaluation railroad crossings that will determine upgrades necessary to improve the operation and safety of the crossings as outlined in the FRAa. proval letter of August 23, 2006 for Safe Accountable Flexible Efficient _Transportation Equity Act; A Legacy for Users (SAFETEA-LU). Consideration for improvements include the installation or upgrade to railroad crossing_ protection devices, four -quadrant gate systems. median barriers. drive wav relocations, wayside horn systems. streets and sidewalk AFA-LPAFA OffSys Page 1 Of & k '1 Revised 12/4i06 CSJ #09024&694 District # 02 Code Chart 64 415000 Project: South Central High=Speed Corridor Quite Zone Project Agreement No. 02-7XXF6015 modifications, including barricades and fences, CCTV camera and train monitoring systems, development of quiet zones, and modifications to other railroad crossings or public facilities in the area that are impacted by work at the project locations (such as an adjacent street that incurs additional traffic because of a street closer at the project location). The railroad crossinas are: a. BNSF $ Butler Street DOT #020 479Y BNSF & Seminary DOT #020 478S c. BNSF & DOT #020 477K d. BNSF & Biddison Street DOT # 020 480T These railroad crossings are located on the South Central High -Speed Rail 5. Right of iNay and Real Property shall be the responsibility 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. F_nvironmental Assessment and Mitigation will be carried out as stated in the Master Agreement, without 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 may 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 purposes to the degree permitted by State and Federal law. Improvements will be designed to meet, at the minimum, AASHTO standards. 10. Construction Responsibilities will be carried out by the Local Government, as stated. in the Master Agreement, without exception. 11. Project Maintenance will be undertaken as provided for in the Master Agreement, without exception. 12. Local Project Sources and Uses of Funds 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 the 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. AFA--LPAFA_OffSys Page 2 Of I Revised 12/4/06 CSJ #090248-694 District # 02 Code Chart 64 415000 Project: South Central High -Speed Corridor Quite Zone Project Agreement No. 02-7XXF6015 b. A Source of Funds estimate is also provided in Attachment C. Attachment 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 through amendment of this agreement. d. Prior to the performance of any engineering review work by the State, the Local Government 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. At 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. e. 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 L.ot;al Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. F. Whenever 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 funding agreement. g. If any existing or future local ordinances, commissioners 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 not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances 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 limited 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 legislati�;e 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 auditor 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 Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State, This requirement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or professional provider. AFA—L.PAFA—OffSys Page 3 of $1.3 Revised 12/4/06 CSJ #09024&694 District # 02 Code Chart 64 415000 Project: South Central High=Speed Corridor Quite Zone Project Agreement No. 02-7XXF6015 14. Incorporation of Master Agreement Provisions. 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 the 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 Certificate 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 costs of completing the work. 16. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. AFA—LPAFA_Of�Sys Page 4 of � i Revised 12/4/06 CS7 #0902-4&694 District # 02 Code Chart 64 #15000 Project: South Central High -Speed Corridor Quite Zone Project Agreement No. 02-7XXF601.5 c TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT I1 Marty Hendrix `� City Secretary LL 3X778I Contract Authorization Date: 31 as 1 o� Assista Date: Attorney LEGALfTY: APPROVED: mil___ Fernando Costa Assistant City Manager Date: 4+r4 /08 APPROVAL RECOMMENDED: Transportation/ THE STAT>= OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore apRroved and authorized by the Texas Transportation Commission. By: ce M Director of Contract Services Section Office of General Counsel Texas Department of Transportation Date: AFA-LPAFA_OffSys Page rJ of �l� Revised 12/4/06 CSJ #09024M94 District # 02 Code Chart 64 #15000 Project: South Central Higjh=Speed Corridor Quite Zone Project Agreement No. 02-7XXF6015 RESOLUTION OF LOCAL GOVERNMENT APPROVING THIS LPAFA AFA-LPAFA_O#fSys Page 6 of � Revised 12/4/06 � ! ! NO. 3610-fl3-2008 ! i. 1 .i � i ! i �.i 1 ■'. 1 1 !"Ili' i 1 i "i WHEREAS, the Texas Transportation Commission approved the Fiscal Year (FY) 2006 Federal Discretionary Program bypassing Minute Order 110542 on May 25, 2006; and WHEREAS, the Federal Railroad Administration made available $379, 985 for the elimination ofhighway-railroad grade crossing hazards on the high-speed rail corridor designated by the United States Congress as the South Central High Speed Rail Corridor funds provided under Section 104(d) (2) of Title 23, United States Code, as amended by Section 1103(f) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users Ordinance; and WHEREAS, the Texas Transportation Conunission passed Minute Order 110755 amending the FY 2006 Federal Discretionary Program to include highway-raikoad grade crossing improvements on the federally designated high speed rail corridor in the City of Fort Worth at an amount not to exceed $379,985; and WHEREAS, the City of Fort Worth desires to enter into a Local Project Advance Funding Agreement with the Texas Department of'Transpartation for the division of costs and responsibilities associated with the implementaiion of the South Central High Speed Corridor Quiet Zone Project. � i' 1' Authorizes the City Manager, or lus designee, to execute a Local Project Advance Funding Agreement with the Texas Department of Transportation to share the costs and responsibilities associated with the implementation of the South Central High Speed Corridor Quiet Zone Project in the City of Fart Worth; PASSED AND APPROVED by the City Council of the Ciiy of Fort Worth, Texas on this the 25�' day of March, 2008. ATTEST: E e x , �r' i ,1 ,. .: II. �� C'ety Secretary off the City of Fort g1t►orth, Texas DATE: Tuesday, March 25, 2008 LOG NAME: 20HIGHSPEEDRAIL REFERENCE NO.: C-22731 SUBJECT: Adopt a Resolution Authorizing Execution of a Local Project Advanced Funding Agreement with the Texas Department of Transportation for the South Central High Speed Rail Corridor Quiet Zone Project and Adopt an Appropriation Ordinance RECflMMEN®ATlflN: It is recommended that the City Council: 1. Adopt the attached Resolution authorizing the City Manager to execute a Local Project Advance Funding Agreement (LPAFA) with the Texas Department of Transportation (TxDOT) in the amount of $396,210 (with City participation in the amount of $16,225) for the South Central High Speed Rail Corridor Quiet Zone Project , 2. Authorize the City Manager to accept $379,985 in federal funds under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) program, 3. Approve the transfer of $16,225 from the 2007 Critical Capita{ Projects Fund to the Grant Fund towards the Ciiy's match #or direct state cost for plan review and oversight; 4. Adapt the attached appropriation ordinance increasing esfiimated receipts and appropriations in the Grants Fund by $3963210 upon execution of the Agreement; and 5. Authorize payment in the amount of $5,000 to TxDOT representing the initial installment of the City's parkicipation according to the LPAFA. DISCUSSION: The 2007 Critical Capital Program included funds for the Railroad Safety Program. The City of Fort Worth received a federal earmark initiated under the 2005 Legislafiive Program, which resulted in funds to deploy railroad crossing safety improvements at crossings on the South Central High Speed Rail Corridor, that is on any rail line that Amtrak operates on in Fort Worth. These funds are provided under the Safe, Accountable, Flexible, Efficient Transportation Equity Act, A Legacy for Users (SAFETEA-LU). The effort captured $379,985 to fund crossing safety and quiet zone enhancements limited to that particular corridor. In addition, the local match is only $16,225, or four percent of the total. The Transportation and Public Works Department (TPW) proposes to create a new quiet zone at four crossings on the BNSF line. This quiet zone was the top rated quiet zone project that falls within the corridor specified by this grant, and also fails within the grant's budget. The four crossings are: BNSF & Gambrell Street (2100 Block) BNSF & Seminary Drive (2000 Block) Logn.ame: 2QHIGHSPEEDRAIL _. _ �� BNSF & Butler Street (1600 Block) BNSF & Biddison Street (1500 Block) The project will improve crossing safety with the installation of devices to restrict motorists from driving around lowered railroad crossing gates, and develop methods to allow a train to not sound the locomotive horn at these crossings, thereby creating a "quiet zone". Considerations for improvements will include the installation or upgrade to railroad crossing signals, median barriers, drive way relocations, wayside horn systems, streets and sidewalks and the development of a quiet zone. TPW intends to engage a consultant to assist with project.management, coordinate design and construction with the railroad company, 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. The project is located in COUNCIL DISTRICTS 9. FISCAL INFORMATIONICERTIFICATION: The Finance Director certifies that upon approval of above recommendations, execution of the agreement, and adoption of the attached appropriations ordinance, funds will be available in the current capital budget, as appropriated, of the Grant Fund. Funds will be reimbursed by grantor after expenditures are made. TO FundlAccountiCenters 2.) GR74 451942 020 302 253 $379,985.00 000 3.) GR74 472295 020 302 253 $16.225.D0 000 3R74 531200 020 302 253 300 $150000.00 3R74 513010 020 302 253 300 $100000.00 GR74 539120 020 302 253 $16.225.00 300 3R74 541200 020 302 253 830 $354,985.00 FROM FundlAccount/Centers 5.) GR74 539120 020 302 253 300 3.1 C295 538070 209 750 085 630 Submitted for City Manager's OfFice �: Fernando Costa ($042) Originating Department Head: Greg Simmons (7862) Additional Information Contact: Russell Wiles (7978) 5 000.00 $16.2MOO Logname: 20HIGHSPEEDRAIL � _ , �t off' l � �-erF-� Ordinance No. 18032-03-2008 AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE GRANTS FUND IN THE AMOUNT OF $396,210 UPON EXECUTION OF A LOCAL PROJECT ADVANCED FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE SOUTH CENTRAL HIGH SPEED RAIL CORRIDOR QUIET ZONE PROJECT; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2007- 2008 and in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Grants Fund in the amount of $396,210 and upon execution of a local project advanced funding agreement with the Texas Department of Transportation for the South Central Nigh Speed Rail Corridor Quiet Zone Project. SECTION 2. That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of Sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance No. 17749 and all other ordinances and appropriations amending the same except in those instances where the provisions o#this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4. This ordinance shall take effect upon adoption. ADOPTED AND EFFECTIVE: CSJ #09024&694 District # 02 Code Chart 64 #15000 Project: South Central High=Speed Corridor Quite Zone Project Agreement No. 02-7=6015 �i AFA—i_PAFA OffSys Page of t Revised 12/4/06 N BIDDISON Q BIDDISON m ,..- MONDA LU 1= 00 RIPY z RIPY U RIPY w = - -tbake is r-°r z H Q J inBUTLER Q •`_. DICKSON - z DICKSON DICKSON p WAGGOMANU DICKSON Q z w 2 WAGGOMAN (D PAFFORD ® _ `n PAFFORD N z O� 00 PAFFORD ,4 w FOGG LL gria, 'Q DREW DREW wn J , DREW z BOLT Q Q F MASON Y U UO BOLT of Q BOLT m m BOLT in BOLT O J 2 Q FLINTS FERGUSON 0 FLINT z Q J T LUTHER = Q ca z uu) SEMINARY BROADUS BROADUS O 0 m` BEDDELL J tY >- [n W W GAMBRELL z Q z GAMBRELL LO HAMMOND TRANSPORTATION &PUBLIC WORKS DEPARTMENT TRAFFIC SERVICES DIVISION South Central High Speed Rail Corridor Quiet Zone Project Legend Attachment "B" On Proposed Crossing Improvement Locations —i---i— FO n z LL H O w U O Vcn hn zz wQ �w =Q Q� I— I— Q CO H w m W ry am � � N N O N N N O N e is CO Lc) O r3 iC v Q O c) J ca a 0 0 0 0 O a� R s o .CL o � � a Lf) LO ® Lr) ® o � o M a 00 00 d N N M M M 0� O tf} w � O o U Q Q 'L j X 0) W cB c J > O a Z u E O a �. d ) o O ~ co j •> O C U) 0 � c � co o .� > > 0 Q) U j5 (D 2 U N O Q O O N 2) N CD U r � 11 � +r c s: o E G � L as �, o V c o c� N E ma c6 E US O co = cF Q ® �U Li co O_ c6 �� co � � C i '3 O o O M C6 L � Q. m v cn H H Page 1 of 2 • • a COUNCIL ACTION: Approved on 3/25/2008 -Res. No. # 3610-03-2008 &Ord. No. # 18032-03- 2008 DATE: Tuesday, March 25, 2008 LOG NAME: 20HIGHSPEEDRAIL SUBJECT: Adopt a Resolution Authorizing Execution of a Local Texas Department of Transportation for the South Project and Adopt an Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: REFERENCE NO.: C-22731 Project Advanced Funding Agreement with the Central High Speed Rail Corridor Quiet Zone 1. Adopt the attached Resolution authorizing the City Manager to execute a Local Project Advance Funding Agreement (LPAFA) with the Texas Department of Transportation (TxDOT) in the amount of $396,210 (with City participation in the amount of $16,225) for the South Central High Speed Rail Corridor Quiet Zone Project ; 2. Authorize the City Manager to accept $379,985 in federal funds under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) program; 3. Approve the transfer of $16,225 from the 2007 Critical Capital Projects Fund to the Grant Fund towards the City's match for direct state cost for plan review and oversight; 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund by $396,210 upon execution of the Agreement; and 5. Authorize payment in the amount of $5,000 to TxDOT representing the initial installment of the City's participation according to the LPAFA. DISCUSSION: The 2007 Critical Capital Program included funds for the Railroad Safety Program. The City of Fort Worth received a federal earmark initiated under the 2005 Legislative Program, which resulted in funds to deploy railroad crossing safety improvements at crossings on the South Central High Speed Rail Corridor; that is on any rail line that Amtrak operates on in Fort Worth. These funds are provided under the Safe, Accountable, Flexible, Efficient Transportation Equity Act, A Legacy for Users (SAFETEA-LU). The effort captured $379,985 to fund crossing safety and quiet zone enhancements limited to that particular corridor. In addition, the local match is only $16,225, or four percent of the total. The Transportation and Public Works Department (TPW) proposes to create a new quiet zone at four crossings on the BNSF line. This quiet zone was the top rated quiet zone project that falls within the corridor specified by this grant, and also falls within the grant's budget. The four crossings are: BNSF & Gambrel) Street (2100 Block) http://apps.cfwnet.org/council�acket/Reports/mc�rint.asp 8/29/2008 Page 2 of 2 BNSF &Seminary Drive (2000 Block) BNSF &Butler Street (1600 Block) BNSF & Biddison Street (1500 Block) The project will improve crossing safety with the installation of devices to restrict motorists from driving around lowered railroad crossing gates, and develop methods to allow a train to not sound the locomotive horn at these crossings, thereby creating a "quiet zone". Considerations for improvements will include the installation or upgrade to railroad crossing signals, median barriers, drive way relocations, wayside horn systems, streets and sidewalks and the development of a quiet zone. TPW intends to engage a consultant to assist with project management, coordinate design and construction with the railroad company, 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. The project is located in COUNCIL DISTRICTS 9. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of above recommendations, execution of the agreement, and adoption of the attached appropriations ordinance, funds will be available in the current capital budget, as appropriated, of the Grant Fund. Funds will be reimbursed by grantor after expenditures are made. TO Fund/AccountlCenters FROM Fund/Account/Centers 2.) GR74 451942 020 $379,985.00 302 253 000 3.) GR74 472295 020 $16,225.00 302 253 000 GR74 531200 020 302 $15,000.00 253 300 GR74 513010 020 302 $10,000.00 253 300 3.) GR74 539120 020 $16,225.00 302 253 300 GR74 541200 020 302 $354,985.00 253 830 Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: 5.) GR74 539120 020 $5,000.00 302 253 300 3.) C295 538070 209 $16,225.00 750 085 630 Fernando Costa (8042) Greg Simmons (7862) Russell Wiles (7978) http://apps.cfwnet.org/council�acket/Reports/mc�rint.asp 8/29/2008