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HomeMy WebLinkAboutContract 38940SON RACTE )Og qC) THE STATE OF TEXAS THE COUNTY OF TRAVIS Tarrant County CSJ 5800-00-052 Project STP 2009 (329)FRS Railroad Crossing Consolidation. DOT No. 020 491 F DOT No. 415 937E DOT No. 765 252P Magnolia Ave. in Fort Worth Contract Number%I, �Na�W 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 Transportation, hereinafter called the "State", the City "Local Government", and the BNSF Railway Company, Pacific Railroad Company, hereinafter called the "UPRR". and through the Texas Department of of Fort Worth, hereinafter called the he called "BNSF" and Union WITNESSETH WHEREAS, pursuant to the Highway Safety Act of 1973, the State is charged with the responsibility of priorzing 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 BNSF and UPRR propose to consolidate and close existing redundant, nonessential 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 BNSF and UPRR providing matching funds equal to or exceeding the State's cost participation, and RECORD Crossing Closure Agreement 1 of 8 BNSF, UPRR & Cif-V`of'Part"�Y 6/1/2009 � is wVOWH, TX 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 #020 491 F; #415 937E; and #765 252P (E. Magnolia Ave) and removal of the crossing surface and approaches. NOW, THEREFORE, in consideration of the premises and the mutual undertakings as herein set forth, the parties hereto agree as follows. AGREEMENT Article 1. Scope of Work. The State, Local Government, permanent closure and vacation of the existing railroad grade operational or safety improvements to facilitate the closure crossing, as shown in the attached Exhibit A. Article 2. Performance of Work. BNSF and UPRR agree to the crossing(s), and to make other of said existing railroad grade a. The Local Government, BNSF and UPRR agree to perform the roadway work as shown in Exhibit A. The BNSF and UPRR are solely responsible for the removal of the existing crossing surface and warning devices on BNSF and UPRR right of way and making any changes or alterations in the track, wire lines, drainage, or other BNSF or UPRR 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 crossings) 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) constructing a satisfactory terminus of the, roadway at the removed crossing(s); (2) installation of permanent barricades, (3) railroad crossing surface replacement at BNSF and Lipscomb; as shown in Exhibit A and Attachment 1. 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 Crossing Closure Agreement 6/1 /2009 BNSF, UPRR &City of Fort Worth 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. (31 Title 23 CFR Section 05.114 — Award of contract and concurrence of award The Local Government will be required to comply with the subsections (a) through 0). 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 BNSF and UPRR 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." Crossing Closure Agreement 3 of 8 BNSF, UPRR &City of Fort Worth 6/1/2009 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 authorizing the 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 fora 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 BNSF and UPRR 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 Crossing Closure Agreement 4 of 8 BNSF, UPRR &City of Fort Worth 6/1 /2009 this agreement, including exhibits and attachments hereto, shall be made unless a written amendment is agreed to by the State, BNSF, UPRR, 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 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 Government 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 BNSF and UPRR 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, BNSF ,UPRR 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 Crossing Closure Agreement 5 of 8 BNSF, UPRR &City of Fort Worth 6/1 /2009 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 funds. Article 10. Maintenance. The Local Government shall own and maintain any barricades, fences or other facilities not located on BNSF and UPRR right of way. Article 11. Responsible For Its Own Actions. The parties hereto acknowledge that no party 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 BNSF, UPRR, 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 BNSF, or UPRR, 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, BNSF, and UPRR, upon not less than thirty days written notice to the Local Government BNSF and UPRR; 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 Jays notice for the Local Government to remedy the noncompliance. Should this agreement be terminated for any reasons) 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 8 BNSF, UPRR &City of Fort Worth 6/1 /2009 IN WITNESS WHEREOF, the State, BNSF, UPRR and the Local Government, have executed quadruplicate 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. Carol T. Rawson, P.�'. Interim Director Traffic Operations Division CITY OF FORT WORTH Agpr(bval Recommended: ��K---+ Da Fernando Costa Assistant City Manager Willi t, P.E., Dire ansportation and Public Works ATTEST: City Secretary BNSF RAILWAY COMPANY Name and Title UNION PACIFIC RAILROAD COMPANY Nam OFFICIAL RECORD CITY SECRETARY 14 MIT` Crossing Closure Agreement 6/1 /2009 Date t e Approved as to Form and Legality: D Amy F(ah, 6y Assistant City Attorney G/ Contract- Authorizatiox W dti Hate 7 of 8 BNSF, UPRR &City of Fort Worth 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 Railroad Section Director Texas Department of Transportation Traffic Operations Division (TRF-RR) 125 East 11 th Street Austin, Texas 78701-2483 For the BNSF Railway Company Manager Public Projects BNSF Railway Company 5800 North Main Street Fort Worth, Texas 76179-2408 Crossing Closure Agreement 6/1 /2009 For the City of Fort Worth Director of Transportation and Public Works City of Fort Worth 1000 Throckmorton St. Fort Worth, Texas 76102 For the Union Pacific Railroad Company Regional Manager Industry &Public Projects Union Pacific Railroad Company 24125 Aldine -Westfield Road Spring, Texas 77373-9015 8 of 8 BNSF, UPRR &City of Fort Worth STATE OF TEXAS COUNTIES OFTARRANT, DENTON AND WISE I, MARTY HENDRIX, City Secretary of the City of Fort Worth, Texas do hereby certify that the above and foregoing is a true and correct copy of the minutes of a regular meeting of the City Council of the City of Fort Worth, Texas, held on the 28`h day of April, A. D. 2009, as same appears of record in the Office of the City Secretary. WITNESS MY HAND and the Official Seal of the City of Fort worth, Texas, this the 27`h day of May, A. D. 2009. Marty Hendrix, ity Secretary City of Fort Worth, Texas City Seereh►ry's Office City of Fort Worth* 1000 "I-hrockmortun Strert*Fort Worth. Texas 7(i 102 (S l 7) 392-6I $O* FAX (R 17) 392-6196 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 28, 2009 PAGE 7 of 20 (XII. CONSENT AGENDA Continued) 7. M&C G16549 -Adopting the Semi -Annual Progress Report Concerning the Status of the Capital Improvements Plan for Transportation Impact Fees from the Capital Improvements Advisory Committee for Transportation Impact Fees, 8. M&C G16550 - Considering and Adopting the Following Findings of the Ground Transportation Coordinator: The Public Necessity and Convenience Require the Operation of Four (4) Limousines Upon the City Streets, Alleys and Thoroughfares; First Run Limousine is Qualified and Financially Able . to Conduct a Limousine Service within the City; First Run Limousine has Complied with the Requirements of Chapter 34 of the City Code; First Run Limousine Presented Facts in Support of Compelling Demand and Necessity for Four (4) Limousines; the General Welfare of the Citizens of the City will Best be Served by the Addition of Four (4) Limousines Upon City Streets, Alleys and Thoroughfares; and Adopting Ordinance No. 18575-04-2009 Granting the Privilege of Operating Authority to First Run Limousine for the Use of the Streets, Alleys and Public Thoroughfares of the City in the Conduct of its Limousine Business, Which Shall Consist of the Operation of Four (4) Limousines for a Three (3) Year Period Beginning on the Effective Date; Specifying the Terms and Conditions of the Grant; Providing for a Penalty; and Providing for Written Acceptance by First Run Limousine. 9. M&C G16551 - Authorizing the Closure of the 500 Block of Magnolia Avenue; and Authorizing the City Manager or his Designee to Execute an Emergency Access Agreement with XTO Energy, 10. M&C G16552 - Considering and Adopting the Following Findings of the Ground Transportation Coordinator: The Public Necessity and Convenience Require the Operation of Three (3) Limousines Upon the City Streets, Alleys and Thoroughfares; Red" Carpet Limousines is Qualified and Financially Able to Conduct a Limousine Service within the City; Red Carpet Limousines has Complied with the Requirements of Chapter 34 of the City Code; Red Carpet Limousines Presented Facts in Support of Compelling Demand and Necessity for Three (3) Limousines; the General Welfare of the Citizens of the City will Best be Served by the Addition of Three (3) Limousines Upon City Streets, Alleys and Thoroughfares, and Adopting Ordinance No. 1857&044009 Granting the Privilege of Operating Authority to Red Carpet Limousines for the Use of the Streets, Alleys and Public Thoroughfares of the City in the Conduct of its Limousine Business, which shall Consist of the Operation of Three (3) Limousines for a Three (3) Year Period Beginning on the Effective Date; Specifying the Terms and Conditions of the Grant; Providing for a Penalty; and Providing for Written Acceptance by Red Carpet Limousines. City of Fort Worth, Texas Mayor and Council Comm COUNCIL ACTION: Approved on 4/28/2009 unication DATE: Tuesday, April 28, 2(?09 REFERENCE NO.: **G-16551 LOG NAME: 20MAGNOLIA CLOSURE Authorize the Closure of the 500 Block of Magnolia Avenue to Remove Railroad Crossing and Execution of an Emergency Access Agreement with XTO Energy It is recommended that the City Council: . Authorize the closure of the 500 block of Magnolia Avenue; and 2. Authorize the City Manager or his designee to execute an Emergency Access Agreement with XTO Energy. In 2003 the Regional Transportation Council set aside federal funds to improve the safety of railroad crossings in the Fort Worth —Dallas area. The Transportation and Public Works Department (TPW) submitted 13 railroad safety and quiet zone project proposals (M&C G-14128) in a call —for —projects under the North Central Texas Council of Government's Railroad Crossing Reliability Partnership Program. The City was awarded four of the submitted projects, one of which is the Magnolia Avenue Railroad Crossing Project (M&C C-21909). The goal of the Magnolia Avenue Railroad Crossing Project (Project) is to solve the chronic problem of stopped trains that block Magnolia Avenue and restrict access to the nearby properties that are located between the two sets of tracks. Because of the rail congestion at Tower 55, stopped trains block Magnolia Avenue approximately 35 percent of the time. Originally, this Project called for the construction of a new street from Rosedale Street southward to Magnolia Avenue to create reliable access for the businesses. Magnolia Avenue was then to be closed at the grade crossings. Since the Project was conceived in 2003, XTO Energy has purchased all three land locked properties. XTO Energy is satisfied that the existing private driveway from Rosedale Street to Magnolia Avenue is adequate access to its property and a new street is not required. However, the Fire Department requires the conversion of the existing driveway to a fire lane in conjunction with this closure. The Emergency Access Agreement with XTO Energy will allow the City to obtain and construct this fire lane easement. TPW recommends proceeding with the closure of Magnolia Avenue at the railroad crossings since the street continues to be chronically blocked by trains. This section of Magnolia Avenue is not needed by vehicular traffic and its closure is supported by many in the community. Magnolia Avenue will continue to remain a public street between the railroad tracks. Once the closure is complete, this area will effectively have a quiet zone since the rail crossings will no longer exist. TPW presented this street closure to the Plan Commission on September 24, 2008. The Plan Commission recommended allowing it with the stipulation that an emergency access easement be constructed. TPW intends to construct the easement and erect closure barricades under the Magnolia Avenue Railroad Crossing Grant Project. Phis project is located in COUNCIL DISTRICT 8. ]CM9.10AUANG The Financial Management Services Director certifies that this action will have no material effect on City funds. Al 1►11 ► Y � Z. ,FRTIFICATIONSO ubmitted for City Manager's Office byi Fernando Costa (6122) 3riginating Doartment Head::i TEXAS DEPARTMENT OF TRANSPORTATION SUMMARY OF ESTIMATED COST 2009 FEDERAL RAILROAD SIGNAL PROGRAM June 4, 2009 Tarrant County -DOT Nos. 020 491 F, 415 937E and 765 252P CSJ 5800-00-052 Project STP 2009(329) FRS Railroad Crossing Closure: Magnolia Street in Fort Worth 1. Participation and Cost Estimate by City of Fort Worth ATTACHMENT. The City will close the Magnolia Avenue crossing and construct a satisfactory terminus of the roadway at the closed crossing. Install the permanent barricades and replace the crossing surface on Lipscomb Street and BNSF crossing. 2. Participation and Cost Estimate by UPRR Railroad Company UPRR will contribute $ 30,000 to the City. UPRR will remove the crossing surfaces and roadway approaches within their right of way at railroad cost. 3. Participation and Cost Estimate by UPRR Railroad Company BNSF will contribute $ 25,000 to the City. BNSF will remove the crossing surface and roadway approaches within their right of way at railroad cost. 3. Participation and Cost Estimate by Texas Department of Transportation The State will contribute $22,500.00 to the City as reimbursement for roadway improvements to facilitate the crossing closure. SUMMARY: City Cost Participation $ .00 UPRR Railroad Cost Participation 30,000.00 BNSF Railway Cost Participation 25,000.00 State Cost Participation (100% Federal funds) 22,500,00 TOTAL ESTIMATED PROJECT COST $771500.00 Am Darin K. Kc Railroad Section Director Traffic Operations Division Esti mate For Railroad Force Account Work For Crossing Closure There is No Railroad Force Account Work To Be Reimbursed by State 62 �t0 6002-bd1-F��� Paato�d �EP'LWId�YI�\SYt9LaD�dad�df �aidw�lf iA!♦Bp ix ww mo �j 06 IT F=o 0 ow 49 E, 6 ma W" m z ut � 0 il M; 0 3;s W a - TIT I g�4=gz� �g Z 61 a w w 4 w �N� MRWZU w g" u JM UxEg Mel IE nKjO ow z a 0 �xp& lxw� wz 4IT&SRO 7 VI9 IV, VV- IV % Ir IV/ %1, .11 4 IV % I IV, I OR I'v % % V� -�II % III% v �" " v " I V -IVI , j IV V�' 1% Vm I IV �' fW MV3�� V; 'V�o �X'5FF3� i%�';\" j'V I II- I I, wz I , V� I,- . % I % V�v' % I, Mn IVe % % IV IV -e % IV V\ % V'-w IVnl IV- -I a 4 I'w I I WIX ae I V� V, %IV v, I V I V % % �ZV M, 11 IV 111 IVI 14 VI I - vIl % lllv`�I`l IVV VV IV ev IV I x % ^VJVP I %IV All 'IV p V'r, Vv- I `V' % V,` I V-Mll % % V� I 11 11711 1� IV, I V I �' WI IV % % 171, 1 Vr IV IV "V=1 I AI`4 1� % � I" I `V� I V4 I r '�'Vl In lee -11 % IV, V-% el' '��VIV -V e- I IV- I 1-%`\' IV V V, VIM I- ol 7k % 't% vv rA I V� IT V, I IV 9+61 ,I IV % I VV, I GZILO WZ-U�-Ctl� 02"Old �o.O a ti Ld m � m ` Q d ((6 d � Ae TS . O r d ¢ )3 " a o� :g H Q am P 91 u,0.0 0y,001 K b g i51 8 a000000000000 0e 000000000000 Q. y.y X-51 +.. 0 a g€ �l L -a t if T a q a� a �e a N OO ; U y C 7 m (F� icas a p p 4 M Ld Cl Q V Q m 0 Q O ar b a.L O $ - Z e LJJ 0 N • fi Yak � 3 ! � 1 �23 E 1 I Alt 1 Y , _ _A31trw� t j s M&C Review Page 1 of 3 Official site �f t3�e City of Fart lNu€ tE�, � exas I � � ,. ��. COUNCIL ACTION: Approved on 12/19/2006 -Ordinance No. 17333-12-2006 DATE: 12/19/2006 REFERENCE NO.: C-21909 LOG NAME: 20MAGNOLIA AVE CODE: C TYPE: CONSENT HEARING: NO SUBJECT: Authorize Execution of a Local Project Advance Funding Agreement with the Texas Department of Transportation and a Railroad Crossing Closure Agreement with TxDOT, BNSF Railway, and Union Pacific Railroad for the Magnolia Avenue Railroad Crossing Project and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute a Local Project Advance Funding Agreement (LPAFA) for the Magnolia Avenue Railroad Crossing Project with the Texas Department of Transportation (TxDOT) in the amount of $422,820; 2. Authorize the City Manager to accept $338,256 in federal funds from the North Central Texas Council of Governments (NCTCOG) Railroad Crossing Reliability Partnership Program for this project; 3. Authorize the City Manager to accept a donation of $30,000 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. Approve the transfer of $7,064 from the 2004 Street Light and Signal Improvement Fund to the Grant Fund towards the City's twenty percent match; 6. Authorize the City Manager, to enter into aHighway-Railroad Grade Crossing Consolidation and Closure Agreement with the TxDOT, the BNSF Railway and the Union Pacific Railroad in which TxDOT would reimburse the City up to $22,500 to be used towards the local match to the Grant Fund; http://apps.cfwnet.org/council�acket/mc review.asp?ID=6785&councildate=l2/19/2006 8/14/2009 M&C Review Page 2 of 3 7. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grant Fund by $422,820; and 8. Authorize payment in the amount of $3,564 to TxDOT representing the initial installment of the City's participation according to the LPAFA. 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 $84,564 which will be shared by several local entities, i.e., $30,000 from Union Pacific Railroad; $25,000 from BNSF Railway Company; $22,500 from reimbursement from TxDOT; and the City's portion of $7,064 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 acall-for-projects under the North Central Texas Council of Government's (NCTCOG) Railroad Crossing Reliability Partnership Program, the Transportation and Public Works department (TPW) submitted thirteen railroad safety and quiet zone project proposals (M&C G-14128). As a result, the City of Fort Worth was awarded four of the projects, capturing 61 percent of the program's total available funds. The Magnolia Avenue Railroad Crossing project is to solve a chronic problem of trains that block Magnolia Avenue and restrict access to the nearby properties. Because of the rail congestion at Tower 55, stopped trains have been noted to block Magnolia Ave thirty-five percent of the time. This project is to construct a new route to the businesses and then close all three grade crossings. The local businesses are supportive of the plan, and the Union Pacific and the BNSF Railway have committed funds to pay most of the grant's required local matching funds. Once the road closures are complete, this area will effectively have a quiet zone since rail crossings will no longer exist. 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. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of above recommendations and adoption of the http://apps.cfwnet.org/council�acket/mc_review.asp?ID=6785&councildate=l2/19/2006 8/14/2009 M&C Review Page 3 of 3 attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Grant Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GR76 451942 020302159000 GR76 451968 020302159000 GR76 451995 020302159000 GR76 472201 020302159000 GR76 451942 020302159000 GR76 5 VARIOUS 020302159010 GR76 451962 020302159000 $324,000.00 $30,000.00 $25,000.00 7 064.00 $22,500.00 $422,820.00 $14,256.00 Submitted for City Manager's Office b� Originating Department Head: Additional Information Contact: ATTACHMEiVTS 20Man�o(ia AVe App_Ordinance.doc 5)C201 538070 208750059580 8) GR76 541200 020302159010 Marc Ott (6122) Robert Goode (7801) Russell Wiles (7978) $7,064.00 3 564.00 http://apps.cfwnet.org/council�acket/mc_review.asp?ID=6785&councildate=l2/19/2006 8/14/2009 M&C Review Page 1 of 2 DATE: 4/28/2009 CODE: G COUNCIL ACTION: Approved on 4/28/2009 REFERENCE NO.: **G-16551 TYPE: CONSENT LOG NAME: PUBLIC HEARING: Q�fic,ial site ctf tl�e"ity �� Fart V'd��ttl�, Texas 20MAGNOLIA CLOSURE NO � c ,_ SUBJECT: Authorize the Closure of the 500 Block of Magnolia Avenue to Remove Railroad Crossing and Execution of an Emergency Access Agreement with XTO Energy RECOMMENDATION: It is recommended that the City Council: 1. Authorize the closure of the 500 block of Magnolia Avenue; and 2. Authorize the City Manager or his designee to execute an Emergency Access Agreement with XTO Energy. DISCUSSION: In 2003 the Regional Transportation Council set aside federal funds to improve the safety of railroad crossings in the Fort Worth -Dallas area. The Transportation and Public Works Department (TPW) submitted 13 railroad safety and quiet zone project proposals (M&C G-14128) in acall-for-projects under the North Central Texas Council of Government's Railroad Crossing Reliability Partnership Program. The City was awarded four of the submitted projects, one of which is the Magnolia Avenue Railroad Crossing Project (M&C C-21909). The goal of the Magnolia Avenue Railroad Crossing Project (Project) is to solve the chronic problem of stopped trains that block Magnolia Avenue and restrict access to the nearby properties that are located between the two sets of tracks. Because of the rail congestion at Tower 55, stopped trains block Magnolia Avenue approximately 35 percent of the time. Originally, this Project called for the construction of anew street from Rosedale Street southward to Magnolia Avenue to create reliable access for the businesses. Magnolia Avenue was then to be closed at the grade crossings. Since the Project was conceived in 2003, XTO Energy has purchased all three land locked properties. XTO Energy is satisfied that the existing private driveway from Rosedale Street to Magnolia Avenue is adequate access to its property and a new street is not required. However, the Fire Department requires the conversion of the existing driveway to a fire lane in conjunction with this closure. The Emergency Access Agreement with XTO Energy will allow the City to obtain and construct this fire lane easement. TPW recommends proceeding with the closure of Magnolia Avenue at the railroad crossings since the street continues to be chronically blocked by trains. This section of Magnolia Avenue is not needed by vehicular traffic and its closure is supported by many in the community. Magnolia Avenue will continue to remain a public street between the railroad tracks. Once the closure is complete, this area will effectively have a quiet zone since the rail crossings will no longer exist. TPW presented this street closure to the Plan Commission on September 24, 2008. The Plan Commission recommended allowing it with the stipulation that an emergency access easement be constructed. TPW intends to construct the easement and erect closure barricades under the Magnolia http://apps.cfwnet.org/council�acket/mc review.asp?ID=11565&councildate=4/28/2009 8/14/2009 M&C Review Page 2 of 2 Avenue Railroad Crossing Grant Project. This project is located in COUNCIL DISTRICT 8. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers Submitted for Ci�r Manager's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS Magnolia Closure M&C Exhibit.pdf FROM Fund/Account/Centers Fernando Costa (6122) William Verkest (7801) Russ Wiles (7978) http://apps.cfwnet.org/council�acket/mc_review.asp?ID=11565&councildate=4/28/2009 8/14/2009 Texas apartment of Transportation DEWITT C. GREER STATE HIGHWAY BLDG. • 125 E. 11TH STREET • AUSTIN, TEXAS 78701-2483 • (512) 463-8585 August 3, 2009 TxDOT Contract No. 029XXX6010 Tarrant County -DOT Nos.020 491 F,415 937E & 765 252P CSJ 5800-00-052 Project STP 2009(329)FRS Magnolia Street in Fort Worth Crossing Closure Mr. Tim Oster Railroad Project Manager City of Fort Worth 5001 James Ave Fort Worth, Texas, 76115 Dear Mr. Oster: Attached is the executed City Original Highway -Railroad Grade Crossing Consolidation and Closure Agreement for Federal Aid Projects for the project referenced above. Please refer to the cost estimate submitted by the city of Fort Worth (the City) for roadway and safety improvement work for the project. The Roadway and Safety Improvement Cost Estimate of $77,500.00, is approved. Reimbursement from Texas Department of Transportation (TxDOT) up to $22,500.00 will be made based on actual cost incurred, and is subject to a final audit. A copy of the approved cost estimate prepared for this project has been attached to the executed City Original Highway - Railroad Grade Crossing Consolidation and Closure Agreement for Federal Aid Projects and is identified as "Attachment'4."' The City shall perform the work as agreed upon in the Agreement only after receipt of a written "Work Order" from the State. Payment will not be made for work done by the City that is performed at the project site prior to the issuance of a Work Order. The Fort Worth District Office will issue the written Work Order to you. Please request the written Work Order a minimum of two (2) weeks prior to the scheduled commencement of work from Isaac Johnson, Fort Worth District Railroad Projects Coordinator, Texas Department of Transportation (TxDOT), at telephone number (817) 370-6616. To prevent any delays in reimbursement, it is important that the City obtain the Work Order prior to commencement of work. THE TEXAS PLAN REDUCE CONGESTION � ENHANCE SAFETY •EXPAND ECONOMIC OPPORTUNITY •IMPROVE AIR QUALITY INCREASE THE VALUE OF OUR TRANSPORTATION ASSETS An Equal Opportunity Employer Mr. Tim Oster -2- August 31 2009 Your cooperation in this matter is appreciated. If you have any questions, please contact Roland Merz Jr., at telephone number (512) 416-3269. Sin y rel, Darin K smak Railroad Section Director Traffic Operations Division Attachment cc: Tim Huya BNSF Railway Steve Martchenke -UPRR Isaac Johnson, Fort Worth District Office, TxDOT — Copy of agreement with estimate. Please furnish this office and FIN with a copy of the Work Order and Completion Notification. Norma Lopez, Finance Division, TxDOT — Copy of agreement with estimate. Joanna Franks, Finance Division TxDOT — Copy of estimate.