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HomeMy WebLinkAboutContract 43104SECRUARY CMY roxrRacr►a q I 0 4- WAYSIDE BORN AGREEMENT THIS WAYSIDE HORN AGREEMENT (hereinafter called, this "Agreement'), is entered into effective as of October 25, 2011, by and between BNSF Railway Company, a Delaware Corporation (hereinafter called, "BNSF'), and the City of Fort Worth, a municipal corporation, (hereinafter called, the "Agency'). WITNESSETH WHEREAS, BNSF has grade crossing warning devices located at the intersection of Butler Street, as indicated on Exhibit "A" attached hereto and made a part hereof; and WHEREAS, the Agency is installing its automated horn system pursuant to the requirements of 49 CFR Part 222, (hereinafter called, "Wayside Horn System ") with the existing automatic grade crossing warning devices shown on Exhibit "A" subject to the mutual covenants contained in this Agreement; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Il�l:7� The purpose of this Agreement is as follows: provide for the ownership, installation and maintenance by Agency or its contractor of the Wayside Horn System and other related improvements at the Butler Street (DOT No. 020479Y) at -grade crossing located at railroad milepost 341.87. SCOPE OF WORK a. The Agency must provide BNSF in writing with the total activation time required from the indication to activate the Wayside Horn until the arrival of the train at the highway - rail crossing or advise that the indication to activate the Wayside Horn will be simultaneous with the activation of the flashing lights. b. BNSF will provide an interface box with contact terminals, at Agency's expense on the side of the railroad instrument cabin. C. Agency or its contractor will place the Wayside Horns, all necessary cable and conduit and horn confirmation signage ( "Confirmation X") on Railroad property in accordance with Exhibit "A ", attached to and made a part of this Agreement. d. The Agency or its contractor will connect the Wayside Horn System control signals to the contact terminals in the interface box including all necessary cable and conduit. e. BNSF will provide flagging services, at Agency's sole expense, necessary to protect BNSF train operations or BNSF property as set forth in more detail on Exhibit "C" attached to and made a part of this Agreement. f. The Agency or its contractor must install the new Wayside Horn System. Wayside Flom Agreement for Butler St Page 1 Form 0109 (revised 6 -30-09 by WD Werner) g. BNSF will install new crossing signals, signal equipment, and a crossing control house. h. An estimate of the actual costs for BNSF work (excluding flagging, which will depend upon contractor's activities) is shown on Exhibit `B" attached to and made a part of this Agreement. In the event installation of the improvements has not commenced within six (6) months following the effective date of this Agreement, BNSF may, in its sole and absolute discretion, revise the cost estimates set forth on Exhibit B. Agency shall have ten (10) days to review and approve the revised cost estimates. If the Agency does not respond within ten (10) days, the estimates shall be deemed to be approved by Agency. Once cost estimates are revised, the revised cost estimates will become a part of this Agreement as though originally set forth herein. Any item of work incidental to the items listed on Exhibit B not specifically mentioned therein may be included as a part of this Agreement upon written approval of the Agency, which approval will not be unreasonably withheld. The Agency must pay BNSF for the actual costs of any work performed by BNSF under this Agreement within thirty (30) days of the date of the invoice for such work, including flagging costs. During the construction of the improvements, BNSF may send Agency progressive invoices detailing the costs of the railroad work performed by BNSF under this Agreement. Upon completion of the improvements and all associated work, BNSF will send Agency a detailed invoice of final costs including flagging costs, segregated as to labor and materials for each item in the recapitulation shown on Exhibit B. Agency must pay the final invoice within ninety (90) days of the date of the final invoice. BNSF will assess a finance charge of .033% per day (12% per annum) on any unpaid sums or other charges due under this Agreement which are past our credit terms. The finance charge continues to accrue daily until the date payment is received by BNSF, not the date payment is made or the date postmarked on the payment. Finance charges will be assessed on delinquent sums and other charges as of the end of the month and will be reduced by amounts in dispute and any unposted payments received by the month's end. Finance charges will be noted on invoices sent to Agency under this section. CONSTRUCTION AND MAINTENANCE a. BNSF will operate and maintain, at its expense, the necessary relays and the other materials required to activate the Wayside Horn System with the grade crossing warning devices. b. BNSF will operate and maintain, at its expense, the grade crossing warning devices up to the contact terminals in the interface box. C. The Agency or its contractor must, at the Agency's expense, install the Wayside Horn System up to and including connection to the contact terminals in the interface box including all necessary cable and conduit. d. Following installation of the Wayside Horn System, the Agency will o wn, operate and maintain, at its expense, the Wayside Horn System up to and including connection a the contact terminals in the in the interface box including all necessary cable and conduit. When any such maintenance requires BNSF flagging or changes to BNSF contact terminals, Agency or its designate shall pay BNSF for all costs associated with such work e. The Agency shall maintain the Wayside Horn System in an good and operative condition and in accordance with all applicable laws and regulations, including without limitation Appendix E of 49 CFR Part 222. Wayside Horn Agreement for Butler St Page 2 Form 0109 (revised 6 -30 -09 by WD Wemer) El f. Through this Agreement, BNSF does not waive any rights it may have under existing federal law to sound the locomotive horn in case of emergency, when the Wayside Horn System is malfunctioning, when active grade crossing warning devices have malfunctioned, when roadway workers are present or when grade crossing warning systems are temporarily out of service during inspection, maintenance, or testing of the system or as is otherwise necessary in the sole opinion of BNSF. g. In the event Agency defaults on any of its obligations hereunder following ten (10) days written notice from BNSF, including without limitation, Agency's obligation to maintain the Wayside Horn System in good and operative condition, BNSF, may, at its option, remove the Wayside Horn System at the sole cost and expense of Agency. Upon removal of the Wayside Horn System, BNSF shall resume sounding the locomotive horn at the Butler Street (DOT No 020449Y) grade crossing. PROTECTION OF UNDERGROUND SYSTEMS a. Agency and its contractor is placed on notice that fiber optic, communication and other cable lines and systems (collectively, the "Lines") owned by various telecommunications or utility companies may be buried on BNSF's property or right -of -way. The Agency or its contractor must contact appropriate personnel to have the Lines located and make arrangements with the owner of the Lines regarding protective measures that must be followed prior to the commencement of any work on BNSF's property. The Agency or its contractor will be responsible for contacting BNSF's Engineering Representative (Manner Public Proiects at 817-352-2902), BNSF's Roadmaster (Jack Blackwell at 940 - 482 - 8433), and BNSF's Signal- Construction Supervisor (Dwayne Tiffin at 817- 740- 7384), and the telecommunications or utility companies and notifying them of any work that may damage these Lines or facilities and/or interfere with their service. The Agency or its contractor must also mark all Lines in order to verify their locations. Agency or its contractor must also use all reasonable methods when working in the BNSF right -of -way or on BNSF property to determine if any other Lines (fiber optic, cable, communication or otherwise) may exist. b. Failure to mark or identify Lines will be sufficient cause for BNSF's Engineering Representative (Manager Public Projects) to stop construction at no cost to BNSF until these items are completed. C. In addition to the liability terms contained elsewhere in this Agreement and to the fullest extent provided by law, Agency agrees to require its CONTRACTOR to hereby indemnify, defend and hold harmless BNSF for, from and against all cost, liability, and expense whatsoever (including, without limitation, attorney's fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of Agency or its contractor, subcontractors, agents and/or employees that cause or in any way or degree contribute to: (1) any damage to or destruction of any Lines on BNSF's property or within BNSF's right -of -way; (2) any injury to or death of any person employed by or on behalf of (a) any telecommunications or utility company, (b) Agency's contractor or subcontractors, or (c) Agency, and (3) any claim or cause of action for alleged loss of profits or revenue by, or loss of service by a customer or user of such telecommunications or utility company(ies).THE LIABILITY ASSUMED BY AGENCY'S CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE, DESTRUCTION, INJURY, DEATH, CAUSE OF ACTION OR CLAIM WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE Wayside Hom Agreement for Butler St Page 3 Form 0109 (revised 6 -30 -09 by WD Werner) 6. PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF BNSF. d. Agency or its contractor will be responsible for the rearrangement of any facilities or Lines determined to interfere with the installation or construction of the improvements. Agency and/or its Contractor must cooperate fully with any telecommunications or utility company(ies) in performing such rearrangements. INDEMNIFICATION a. Agency agrees to require its CONTRACTOR to release, indemnify, defend and hold harmless BNSF and BNSF's affiliated companies, partners, successors, assigns, legal representatives, officers, directors, employees and agents for, from and against any and all claims, suits, liabilities, losses, damages, costs and expenses (including, without limitation, attorneys fees and court costs) for injury to or death of any person or damage to property to the extent that such injuries or damages arise out of the Contractor's negligence in the construction or subsequent maintenance of the Wayside Horn System and equipment. THE INDEMNIFICATION OBLIGATION ASSUMED BY THE CONTRACTOR INCLUDES ANY CLAIMS, SUITS, OR JUDGMENTS BROUGHT AGAINST BNSF UNDER THE FEDERAL EMPLOYER'S LIABILITY ACT OR ANY CLAIM MADE UNDER ANY STATE WOKER'S COMPENSATION ACT. b. The Agency further agrees to require its CONTRACTOR, at the CONTRACTOR'S expense, in the name and on behalf of BNSF, that it will adjust and settle any claims made against BNSF and will appear and defend any suits or actions at law or in equity brought against BNSF on any claim or cause of action arising or growing out of or in any manner connected with any liability assumed by the Agency's CONTRACTOR under this Agreement for which BNSF is alleged to be liable. BNSF will give notice to the Agency in writing of the receipt of pendency of such claims and thereupon the Agency's CONTRACTOR must proceed to adjust and handle to a conclusion such claims, and in the event of a suit being brought against BNSF, BNSF may forward the summons and complaint or process in connection therewith to the Agency, and the Agency's CONTRACTOR must defend, adjust or settle such suits and protect, indemnify, and save harmless BNSF from and against all damages, judgments, decrees, attorney's fees, costs, and expenses growing out of or resulting from or incident to any such claims or suits. AGENCY CONTRACTOR REQUIREMENTS a. While on or about BNSF property, Agency and its contractors must fully comply with BNSF's "Contractor Requirements" set forth in Exhibit "C" attached to and made a part of this Agreement. The "Contractor Requirements" include clearance requirements and personal protective equipment requirements. Agency and its contractors will be responsible for becoming familiar with BNSF's "Contractor Requirements ". Prior to entering BNSF property, Agency's Contractor must execute Exhibit C -1 attached to and made a part of this Agreement. b. Prior to entering BNSF property, each person providing labor, material, supervision or services connected with the work to be performed on or about BNSF property must complete the safety training program (hereinafter called `BNSF Contractor Safety Orientation ") at the following internet website: "contractororientation.com ". Agency must ensure that each of its contractors, employees, subcontractors, agents or invitees completes the BNSF Contractor Safety Orientation before any work is performed under this Agreement. Additionally, Agency must ensure that each and every contractor, Wayside Horn Agreement for Butler St Page 4 Form 0109 (revised 6 -30 -09 by WD Werner) employee, subcontractor, agent or invitee possesses a card certifying completion of the BNSF Contractor Safety Orientation prior to entering BNSF property. Agency must renew the BNSF Contractor Safety Orientation annually. C. Prior to entering BNSF property, Agency or its contractors must prepare and implement a safety action plan acceptable to BSNF. Agency must audit compliance with the plan during the course of Agency's work. A copy of the plan and audit results must be kept at the work site and will be available for inspection by BNSF at all reasonable times. INSURANCE Agency and/or its contractor must, at Agency and contractor's sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: a. Commercial General Liability insurance. This insurance must contain broad form contractual an liability with a combined single limit of a minimum of $2,000,000 each occurrence and aggregate limit of at least $4,000,000. Coverage must be purchased on a post 1998 ISO occurrence form or equivalent and include coverage for, but not limited to the following: ♦ Bodily Injury and Property Damage ♦ Personal Injury and Advertising Injury ♦ Fire legal liability ♦ Products and completed operations This policy must also contain the following endorsements, which must be indicated on the certificate of insurance: ♦ It is agreed that any workers' compensation exclusion does not apply to Railroad payments related to the Federal Employers Liability Act or a Railroad Wage Continuation Program or similar programs and any payments made are deemed not to be either payments made or obligations assumed under any Workers Compensation, disability benefits, or unemployment compensation law or similar law. ♦ The definition of insured contract must be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. ♦ Any exclusions related to the explosion, collapse and underground hazards must be removed. No other endorsements limiting coverage as respects obligations under this Agreement may be included on the policy. b. Business Automobile Insurance. This insurance must contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the following: ♦ Bodily injury and property damage ♦ Any and all vehicles owned, used or hired C. not Workers Compensation and Employers Liability insurance including coverage for, but limited to: ♦ Statutory liability under the worker's compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway. ♦ Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. Wayside Horn Agreement for Butler St Page 5 Form 0109 (revised 6 -30 -09 by WD Werner) e. d. Railroad Protective Liability insurance naming only the Railroad as the Insured with coverage of at least $2,000,000 per occurrence and $6,000,000 in the aggregate. The policy must be issued on a standard ISO form CG 00 35 10 93 and include the following: Endorsed to include the Pollution Exclusion Amendment (ISO form CG 28 31 10 93) ♦ Endorsed to include the Limited Seepage and Pollution Endorsement. ♦ Endorsed to remove any exclusion for punitive damages. No other endorsements restricting coverage may be added. ♦ The original policy must be provided to the Railroad prior to performing any work or services under this Agreement In lieu of providing a Railroad Protective Liability Insurance policy, the Agency or its CONTRACTOR may participate in the railroad's (BNSF) Blanket Railroad Protective Liability Insurance Policy. The limits of coverage are the same as required of a "stand alone" policy. ❑ 1 elect to participate in BNSF's Blanket Railroad Protective Liability Insurance Policy. ❑ I elect NOT to participate in BNSF's Blanket Railroad Protective Liability Insurance Policy. To obtain the premium cost, please call the person below, who handles the Blanket Railroad Protective Liability Insurance Policy for BNSF: Rosa Martinez MARSH USA 214- 303 -8519 Other Requirements: Agency agrees to require its CONTRACTOR to waive its right of recovery against Railroad for all claims and suits against Railroad. In addition, its insurers, through the terms of the policy or policy endorsement, waive their right of subrogation against Railroad for all claims and suits. The certificate of insurance must reflect the waiver of subrogation endorsement. Agency agrees to require its CONTRACTOR to waive its right of recovery, and its insurers also waive their right of subrogation against Railroad for loss of its owned or leased property or property under Agency's or Agency's CONTRACTOR'S care, custody or control. Agency's CONTRACTOR'S insurance policies through policy endorsement, must include wording which states that the policy will be primary and non - contributing with respect to any insurance carried by Railroad. The certificate of insurance must reflect that the above wording is included in evidenced policies. All policy(ies) required above (excluding Workers Compensation and if applicable, Railroad Protective) must include a severability of interest endorsement and Railroad must be named as an additional insured with respect to work performed under this agreement. Severability of interest and naming Railroad as additional insured must be indicated on the certificate of insurance. Agency is allowed to self - insure Any deductible, self - insured retention or other financial responsibility for claims must be covered directly by Agency in lieu of insurance. Any and all Railroad liabilities that would otherwise, in accordance with the provisions of this Wayside Horn Agreement for Butler St Page 6 Form 0109 (revised 6 -30 -09 by WD Werner) Agreement, be covered by Agency's insurance will be covered as if Agency elected not to include a deductible, self - insured retention or other financial responsibility for claims. Prior to commencing the Work, Agency must furnish to Railroad an acceptable certificate(s) of insurance including an original signature of the authorized representative evidencing the required coverage, endorsements, and amendments and referencing the contract audit/folder number if available. The policy(ies) must contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify Railroad in writing at least 30 days prior to any cancellation, non - renewal, substitution or material alteration. This cancellation provision must be indicated on the certificate of insurance. Upon request from Railroad, a certified duplicate original of any required policy must be furnished. Ebix BPO PO Box 12010 -BN Hemet, CA 92546 -8010 Fax number: 951- 766 -2299 Any insurance policy must be written by a reputable insurance company acceptable to Railroad or with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provided. Railroad acknowledges Agency is insured through IRMA. Agency's CONTRACTOR represents that this Agreement has been thoroughly reviewed by CONTRACTOR'S insurance agent(s)/broker(s), who have been instructed by Agency's CONTRACTOR to procure the insurance coverage required by this Agreement. Allocated Loss Expense must be in addition to all policy limits for coverages referenced above. If any portion of the operation is to be subcontracted by Agency, Agency must require that the subcontractor provide and maintain the insurance coverages set forth herein, naming Railroad as an additional insured, and requiring that the subcontractor release, defend and indemnify Railroad to the same extent and under the same terms and conditions as Agency is required to release, defend and indemnify Railroad herein. Failure to provide evidence as required by this section will entitle, but not require, Railroad to terminate this Agreement immediately. Acceptance of a certificate that does not comply with this section will not operate as a waiver of Agency's obligations hereunder. For purposes of this section, Railroad means `Burlington Northern Santa Fe Corporation ", `BNSF Railway Company" and the subsidiaries, successors, assigns and affiliates of each. Wayside Hom Agreement for Butler St Page 7 Form 0109 (revised 6 -30 -09 by WD Werner) IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. BNSF RAILWAY COMPANY By: r Printed e: TIMOTHY . HUYA Title MANAGER PUBLIC PROJECTS A' City 1cretary �j � Q0000,�o p, u 0 F.0 Contract Authorization o ° Date: �Q� °o_ ^oo 'tn • r1C�+► �q E�D A,SITO FORM AND LL Doug Black Assistant City Attorney N d C C z s -q-f v Date: Z 11. i Z OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Wayside Horn Agreement for Butler St Page 8 APPRO ED: Fernando Costa Assistant City Manager Date: APPRO VAL RECOMMENDED: (.J < Douglas . Wiersig, P.E. l Director, ransportation & Pu C Works Date: All invoices for the project will be sent to: Tai Nguyen Project Manager City of Fort Worth 5001 James Avenue Fort Worth, Texas 76115 Phone: 817- 392 -8061 Form 0109 (revised 6 -30 -09 by WD Werner) . O �X� x � � ] �•� �$� §40D 0 4 ���A[ ■� K OD °w�§ ' ■ §2. §� -� CH �§ go' §7 / <1 § mu_u�oG_yzoLL _ E $ � % § 8 jo 0 moo§ §+ B§co C C z 2 §/� °2tA I... e , 2 § \ka ul ee % cr i�0 ° ui ' 8 2 §k o n#� � B 4 }�� � �Gw / � c 0 � C4 Z d 2 m C o k U; / / � CL U) © § ° L 3 A § § § \ § � u LL, K ° ` CD �R o > e k � k CD g o a R 2 z j f p § c w co g g . w ■ u W 2 Ix w -J w in § k c CV z© ■ u k k z 4T u 00 E � * * * ** MAINTAIN PROPRIETARY CONFIDENTIALITY * * * ** BNSF RAILWAY COMPANY FI IPM ESTIMATE FOR CITE' OF FORT W'ORTII Railroad Signal Cost Estimate Butler Street Revised 11/11/2011 LOCATION FT WORTH DETAILS OF ESTIMATE PLAN ITEM: PS1020479Y VERSION: I PURPOSE, JUSTIFICATION AND DESCRIPTION INSTALL PREEMPT FOR WAYSIDE HORN AT BUTLER ST IN FT WORTH, TX. TEXAS DIV., FT WORTH SUBDIV., L/S 7500, M.P. 34187, )OT 020479Y MONTHLY POWER UTILITY COST CENTER: 61698 SEQ. 1138504 CONTINUING CONTRACTS HAVE BEEN ESTABLISHED FOR PORTIONS OF SIGNAL. WORK ON THE BNSF RAILROAD. THIS ESTIMATE IS GOOD FOR 90 DAYS. THEREAFTER THE ESTIMATE IS SUBJECT TO CHANGE IN COST FOR LABOR, MATERIAL, AND OVERT IEAD. MAINTAIN PROPRIETARY CONFIDENTIALITY. THE MATERIAL LIST BELOW REFLECTS TYPICAL REPRESENTIVE PACKAGES USED FOR ESTIMATING PURPOSE ONLY. THEY CAN BE EXPECTED TO CILANCIE AF'TE'R THE ENGINEERING PROCESS, DETAILED AND ACCURATE MATERIAL LISTS WILL BE FURNISHED WHEN ENGINEERING IS COMPLETED. + + + + + + + + ++ + + + + + + + ++« + + + + + + + + + ++ SIGNAL.. WORK. ONLY + + + + + + + + + + + + + + + + + + + + + + + + + +« + + ++ TI1E CITY OF FORT WORTH IS FUNDING THIS PROJECT APPROXIMATELY 80`. o. THE BNSF IS FUNDING APPROXIMATELY 20'9. MNCRIPTION LABOR + + + + + + + + ++ SIGNAL FIELD LABOR - CAP PAYROLL ASSOCIATED COSTS DA OVERIIEADS EQUIPMENT EXPENSES INSURANCE EXPENSES TOTAL LABOR COST + + + + + + + + + + + ++ MATERIAL ARM, EZ -GATE BELL, ELECTRONIC DOUBLE: SIDED XBUCK GATE KEEPER LED LIGHT ADJUSTMENT LED LIGI IT GATE KIT MIS(.' W'IR F MATERIAL. PREEMPT JCT BOX RF.CORDF.R RELAY W;BASF RELAY W;BASF TELLULAR DEVICE USE TAX OFFLINE TRANSPORTATION TOTAL. MATERIAL COST OTHER CONTRACTENGR. ('ONTR:ACT SIGNS;CONFS St RIM I: R(./(CK TOT \1 (�IIIFR 111 Aj,, 1'K(III( I "I 11 F() . Page 1 of 2 QUANTITY U/M 224.0 Mil 5,838 3,532 5,624 1,930 918 17,842 2.0 EA N 1,150 LO FA N 190 2.0 EA N 1,150 2.0 EA N 3,722 10.0 EA N 1,410 2.0 EA N 794 1.0 LS N 2_,600 1.0 LS N L64 1.0 LS N 5,203 2.0 LS N 1,000 'A EA N 1,000 LO FA N 2.500 1.888 271 17,842 24,142 24,142 1.0 EA N 8 n00 I.(1 1'A N zi011 5 i,(i z4 T CONTINGENCIES BILL PREPARATION FEE 531 GROSS PROJECT COST LESS COST PAID BY BNSF' 53,565 10.713 TOTAL BILLABLE COST 42,85'_ Page 2 of 2 City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, February 21, 2012 LOG NAME: 20BNSF SEMINARYBIDDISON REFERENCE NO.: * *C -25440 SUBJECT: Authorize Execution of an Agreement in the Amount of $238,883.00 with the Burlington Northern Santa Fe Railway Company for the Upgrade of Railroad Signal Equipment at West Seminary Drive, Butler Street and Biddison Street (COUNCIL DISTRICTS 3 and 9) RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of an Agreement in the amount of $238,883.00 with the Burlington Northern Santa Fe Railway Company to upgrade railroad signal equipment at West Seminary Drive, Butler Street and Biddison Street; and 2. Authorize the City Manager to Sign a Notice of Quiet Zone Establishment certification for the creation of a Quiet Zone that includes Burlington Northern Santa Fe Railway crossings at West Seminary Drive, Butler Street and Biddison Street. DISCUSSION: On March 25, 2008, (M&C C- 22731) the City Council approved the execution of a Local Project Advanced Funding Agreement with TxDOT for the South Central High Speed Rail Corridor Quiet Zone Project and adopt an appropriation ordinance (Grant No. 302253). This Mayor and Council Communication is to fund the upgrade of all three railroad signals (West Seminary Drive, Butler Street and Biddison Street) by the Burlington Northern Santa Fe Railway and will allow the City to install and maintain quiet zone devices, being a wayside horn system at the railroad crossings of Butler Street and Biddison Street. Under a future project, the West Seminary Drive crossing will receive another type of quiet zone device. The cost to upgrade each crossing is: West Seminary Drive $112,200.00 Butler Street $ 42,852.00 Biddison Street $ 83.831.00 Total $238,883.00 This project is located in COUNCIL DISTRICTS 3 and 9. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital Logname: 2013NSF SEMINARYBIDDISON Page 1 of 2 budget, as appropriated, of the Grant Capital Projects Fund. FUND CENTERS: TO Fund /Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: FROM Fund /Account/Centers GR74 541200 020302253830 Fernando Costa (6122) Douglas W. Wiersig (7801) George A. Behmanesh (7914) ATTACHMENTS 1. 20BNSF SEMINARYBIDDISON funds available.doc (CFW Internal) 2. BNSF & Biddison Butler & W Seminary.pdf (Public) $238,883.00 Logname: 20BNSF SEMINARYBIDDISON Page 2 of 2