Loading...
HomeMy WebLinkAboutContract 41796 (2)Tarrant County CSJ 090248-673 Project STP 2006(637)FRS Railroad Crossing Consolidation DOT No. 765 256S Ramsey Avenue in Fort Worth Contract Number 4061 (,.Q THE STATE 9F TEXAS § THE COUNTY of TRAviS § TEXAS DEPARTMENT OF TRANSPORTATION HIGHWAYmRAILROAD 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 and through the Texas Department of Transportation, hereinafter called the "State", the City of Fort Worth, hereinafter called the "Local Government", and the Union Pacific Railroad Company, hereinafter called the "Railroad". WITNESSETH WHEREAS, pursuant to the Highway Safety Act of 1973, the State is charged with the responsibility of prioritizing 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 Railroad propose to consolidate and close existing redundant, non -essential 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 $150,000.00 for each closed highway -railroad grade crossing, contingent upon the Railroad providing matching funds equal to or exceeding the State's cost participation, and WHEREAS, the Local Government authorized this crossing closure agreement by Mayor & Council Communication - 24459, which is attached hereto and identified as Attachment 1, mandating the closure of the crossing DOT #765 256S (Ramsey Avenue) and removal of the crossing surface and approaches. Crossing Closure Agreement 05/17/10 1 of 8 UPRR & Ci • OFFICIAL RECORD vs� F�p�olRl�'ARY Ft WORYK, PC 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, and Railroad agree to the permanent closure of the existing railroad grade crossing(s), and to make other operational or safety improvements to facilitate the closure of said existing railroad grade crossing, as shown in the attached Exhibit A Article 2. Performance of Work. a. The Local Government and the Railroad agree to perform the roadway work as shown in Exhibit A. The Railroad is solely responsible for the removal of the existing crossing surface and warning devices on Railroad right of way and making any changes or alterations in the track, wire lines, drainage, or other Railroad 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 crossing(s) 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) Asphalt for paving approaches at various crossings in the vicinity (3) purchase and install channelization devices to prevent gate drive around at several UP crossings in the vicinity, (4) installation of permanent barricades (5) installation of concrete median at Morningside Drive (6) labor and material to install street lights at the Page Street crossing; (7) closure and application fees for closure; (8) purchase and installation cost for wayside horn at Jessamine crossing, 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. Crossing Closure Agreement 05/17/10 2 of 8 UPRR & City of Fort Worth (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 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 (3) Title 23 CFR Section 635.114 — Award of contract and concurrence of award The Local Government will be required to comply with the subsections (a) through (j). 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 authonty 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 incurnng 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 $150,000 00 for each crossing closed a maximum total not to exceed $150,000 00. 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 3. Costs incurred by the Local Government prior to the State's approval of the cost estimate are not eligible for reimbursement by the State. Crossing Closure Agreement 05/17/10 3 of 8 UPRR & City of Fort Worth 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 " 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 and/or the Railroad 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 and/or the Railroad 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 $150 000.00 for each highway -railroad grade crossing closed, a maximum total not to exceed $150,000.00, 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 for a 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. Crossing Closure Agreement 05/17/10 4 of 8 UPRR & City of Fort Worth d. Additionally, the Local Government shall submit to the State documentation acknowledging receipt of the payment made by the Railroad 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 this agreement, including exhibits and attachments hereto, shall be made unless a written amendment is agreed to by the State, Railroad, 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 Railroad 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 and the Local Government shall maintain books, documents, papers, accounting records, and other evidence pertaining to costs incurred and work performed Crossing Closure Agreement 05/17/10 5 of 8 UPRR & City of Fort Worth 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 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 Railroad 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 Railroad, 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 the Railroad, 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 and the Railroad, upon not less than thirty days written notice to the Local Government and the Railroad; 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 days notice for the Local Government to remedy the noncompliance. Should this agreement be terminated for any reason(s) 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 IN WITNESS WHEREOF, the State, the Local Government, and the Railroad have executed triplicate counterparts of this agreement. Crossing Closure Agreement 05/17/10 6 of 8 UPRR & City of Fort Worth 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. By // ta:.A.C. William E. Glavin, P.E., Director, Rail Division CITY OF FORT WORTH Appr•:val Recommended: Gre Actin Publi W ATTLST: r cto Marty Hendr City Secretary s . ` 7". v` Ault .E.,j'flJR? `� , Fernando Costa ransportat-c d'"' °oo& � ssistant City Manager OA, 0 cma irc‘), Fi se Cni rzli y o R i LArS 0 ° o° $(.)A e° Date ilin/f ro �d as to Form and Legality: ti`.I oug ack Assistant City Attorney UNION PACIFIC RAILROAD COMPANY By k r Name and Title Ni o f ,,�� . Woo 44/ Ce D.445 Contract \uthor i `z fl is», Date Notices: Date r 7/ AVP ENCINEERING Wit OFFICIAL RECORD CITY SECRETARY FT. WORTh, TX For the purposes of this agreement, all notices, correspondence, billings, and other Crossing Closure Agreement 05/17/10 7of8 U PRR & City of Fort Worth documentation shall be mailed to the following addresses: For the State of Texas William E Glavin, P E Director Rail Division Texas Department of Transportation Traffic Operations Division 125 E 11 th Street Austin, TX 78701-2483 Crossing Closure Agreement 05/17/10 For the City of Fort Worth Greg Simmons, P E Acting Director Transportation and Public Works City of Fort Worth 1000 Throckmorton St: Fort Worth, TX 76102 8 of 8 For Union Pacific Railroad Company Steve Martchenke Manager of Special Projects 101 South Watson Rd Arlington TX 76010 UPRR & City of Fort Worth ORDINANCE NO. 19046-02-2010 AN ORDINANCE VACATLNG AND EXTINGUISHING PORTIONS OF TWO ALLEYS AND TWO PORTIONS OF RAMSEY STREET LOCATED IN THE HEMPHILL HEIGHTS ADDITION TO THE CITY OF FORT WORTH AS RECORDED IN VOLUME 106, PAGE 109 OF PLAT RECORDS OF TARRANT COUNTY, TEXAS; PROVIDING FOR REVERSION OF' FEE IN SAID LAND; THE RETAINMENT OF EXISTING UTILITY EASEMENTS REPEALING ALL 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 the following alleys and streets described below: 1. A portion of a 15 foot wide alley situated in the J.N. Ellis Survey, Abstract Number 463 as shown on the plat of Hemphill Heights, an addition to the City of Fort Worth as recorded in Volume 106, Page 109 of the Plat Records of Tarrant County, Texas, containing 3,991 square feet or 0.092 acres of land more or less and lying between Jennings Avenue and BNSF railway right of way; 2. A portion of a 15 toot wide alley situated in the J.N. Ellis Survey, Abstract Number 463 as shown on the plat of Hemphill Heights, an addition to the City of Fort Worth as recorded in Volume 106, Page 109 of the Plat Records of Tarrant County, Texas, containing 3,900 square feet or 0.090 acres of land more or less and lying between Jennings Avenue and BNSF railway right of way; 3. A portion of Ramsey Street situated between Blocks 1 and 2, Hemphill Heights Addition, an addition to the City of Fort Worth a recorded in Volume 106, Page 109 of the Plat Records of Tarrant County, Texas, and containing 7,829 square feet or 0.180 acres of land more or less; 4. A portion of Ramsey Street situated between Blocks 5 and 6, Hemphill Heights Addition, an addition to the City of Fort Worth a recorded in Volume 106 Page 109 of the Plat Records of Tarrant County, Texas, and containing 11,420 square feet or 0.262 acres of land more or less; and as more specifically described in Exhibits "A" through "H" attached hereto and incorporated herein, by reference be and the same are vacated and extinguished SECTION 2. That the fee to the lands in the above -described vacated alleys and streets are hereby released and shall revert to the adjacent owner as provided by law. SECTION 3. That all existing utility easements shall be retained by the City until such time all utilities located in the easements are relocated at the owner's expense. SECTION 4. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5. That this ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney Adopted: February 23, 2010 Effective: February 23, 2010 • • • EXHIBIT GI METES AND BOUNDS DESCRiP 1701V VA-009-020 BEING o 0.262 acre tract of land situated in the City of Fort Worth, Tarrant County, Texas, in the J. N. Ellis Survey, Abstract Number 463, being part of Ramsey Street (50 feet wide) as shown on the plat of Hemphill Heights Addition, an addition to the City of Fort Worth according to the plat recorded in Volume 106, Page 109 of the Plat Records of Tarrant County. Texas, said 0.262 acre tract of land being more particularly described as follows: BEGINNING of o 5/8 inch found iron rad at the intersection of the east right-of-way Lune of Jennings Avenue (60 feet wide) with the south right-of-way line of said Ramsey Street. for the northwest comer of Lot 1. Block 5. said Hemphill Heights Addition, from which a 5/8 inch found iron rad in the east right-of-way line of said Jennings Avenue bears South 00 degrees 33 minutes 10 seconds East, a distance of 140.04 feet; THENCE North 00 degrees 33 minutes 10 seconds West, along the east right-of-way line of said Jennings Avenue, o distance of 50.00 feet to the intersection of the east right-of-way line of said Jennings Avenue with the north right-of-way line of said Ramsey Street, said point being the southwest corner of Lot 3, Block 6, said Hemphill Heights Addition; THENCE North 89 degrees 26 minutes 50 seconds East, along the north right-of-way line of said Ramsey Street and the south tine of said Lot 3, Block 6. Hemphill Heights Addition, a distance of 224.37 feet to the intersection of the north right-of-way line of sold Rarrrsey Street with the westerly right-of-way line of on alley (12 feet wide) as shown on said plat of Hemphill Heights Addition. sold point being the beginning of o circular curve to the Ieft, having a radius of 1,697.35 feet and whose chord bears South 09 degrees 59 minutes 16 seconds East, a distance of 50.69 feet: THENCE Southeasterly, along the westerly right -of way line of said 12 foot wide 0Ney and along said circular curve to the left, through a central angle of 01 degree 42 minutes 40 seconds and on arc distance of 50.69 feet to the intersection of the westerly right-of-way line of said 12 foot wide alley with the south right-of-way line of sold Ramsey Street, said point being the northeasterly corner of Lot 5, Block 5, said Hemphill Heights Addition; THENCE South 89 degrees 26 minutes 50 seconds West, eking the south right-of-way line of said Ramsey Street and along the north lane of said Block 5, Hemphill Heights Addition, et a distance of 18267 feet, pass a 5/8 inch found iron rad for the commas north corner of Lot 2 and Lot 1. sold Black 5, Hemphill Heights Addition, in oil a total distance of 232.67 feet to the POINT OF 69722tNC and containing a computed area of 0.262 acres (11,420 square feel) of land NOTE- The bearings recited herein ore based upon the Texas Coordinate System of 1983, North Central Zone 5 101 tern Nreewiea MO • DAMP Per • fetf tit 1e107 las41Reeid141 • Pat etA1IO1 7 A plot of even dote accompanies this metes and bounds description May, 2009 Paget of 2 STREET VACATION RAMSEY STREET HEMPHiLL HEIGHTS ADDITION VOLUME 106. PAGE 109 CITY OF FORT WORTH TARRANT COUNTY, TEXAS 7nn070a-i • • SCALE : i "® 60' • BLOCK 1 ,? J• tIEMPHIL1 HEIGHTS 400i T10N VOLI:+C 106, PAGE 109 PR7C,.T RAMSEY STREET SQ' *ON ricHr-tx-waY) tiLOCK 2 ..Li1n rS AO %OA, PAGE P.R rC 1 1rl0N 09 Po BEGI Fc 1 IRA ire • rt 1 • 1 1 NT OF VNING UNO 5/C IaN R6u (C.a) von) 3/r IRON *co (CAL) 1 EXHIBIT 1A 3 xTO ENERGY INC l0207294521 Q.R. T.C. T. VA- 00 9- 02 0 BLOCK 6 HEMPHILL HEIGHTS ADOITION VVI.)LUMt TUb. PAGE 109 PRTCT LOr ? 6-01'42'40 R� 1,697.35 tor i La.50m9 CH-509391n N 8926/506 E 224.37' 50.69 0.262 ACRES 1,420 SQUARE FEET LOTI COUNTY FOND Via NON NOD for r i ILMP vo( RAMSEY STREET (50' *OrH AHD+t-or-wkr) rs1.6T S 8926'50W 232. for 3 for MOCK 5 L HEIGH IS Abut Kit: liat 106. PA;E 109 P R. r.c T. xT0 EVER INC CLERK'S 0 MENT NiUi48rR 0207294 21 O.R.T.C. . 7 LOT 5 eel NM Hirers COS • MO lop ' re week Io[ 7M107 let nraal•nt/ • Ps n>•aiarw A metes and bounds description of even date accompanies this drawing. Page 2 of 2 STREET VACATION RAMSEY STREET HEMPHILL HEIGHTS ADDITION VOLUME 106, PAGE 109 CITY OF FORT WORTH TARRANT COUNTY. TEXAS oilog May, 2009 AIT City of Fort Worth, Texas ni °•n COUNCIL ACTION: Approved on 2/23/2010 - Ord. No. 19046-02-2010 CONTINUED FROM A PREVIOUS WEEK DATE: Tuesday, January 12 2010 REFERENCE NO.: PZ-2865 LOG NAME: 060065030 VA-09-020 SUBJECT: Adopt an Ordinance Vacating Two Portions of Ramsey Street and Two Alleyways Within Blocks 2 and 5 of the Hemphill Heights Addition (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council: 1. Adopt an ordinance vacating two portions of Ramsey Street and two alleyways within Blocks 2 and 5 of the Hemphill Heights Addition; and 2. Waive any and all purchase fee value of the vacated land in accordance with City Policy (M&C G- 15624 ). DISCUSSION: Dunaway and Associates, Inc., on behalf of XTO Energy, has requested the vacation of the above referenced streets and alleys for a proposed new gas well site. The City Plan Commission recommended approval of this request at its meeting on August 26, 2009. An acceptable replat (FS-09-066) has been received. Any existing utilities will be relocated at the applicant's expense, or retained within a designated easement, along with an appropnate plat note that no permanent structures may be constructed or placed thereon. The City of Fort Worth (City) ongmally obtained the above mentioned rights -of -way through the platting process. The city does not own land under or adjacent to the above referenced emergency access easement_ Since no City funds have been expended to purchase property or easement rights, collection of the fair market value or any portion thereof is recommended by staff to be waived. This land is located in COUNCIL DISTRICT 9. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Lognarne: 060065030 VA-09-020 Page I of 2 c3 ATT LILAC ST POWELL AVE D4 KING SUB 3 6 Sr 51 Al A JESSAMINE ST 2R PAGE ST 3 H 4 Oat tfrs 2 4.49 18 CARLOCK ST Subjed te Subject • szr 5 ‘`- 3 MULKEY ST tP 5 3 1 1 1 5 18 if Tc 3 4 300 17 • z Est Subject , 150 5 .f> 2 5 4 JESSAMINE ST 0 1 7 4 RAMSEY AVE SR 0 p A\L� Nf�MG�iS ,cA 300 Feet co 22 Legend ■ • • UPRR ROW Cul de sac Ip Vacation BNSF Railway Fort Worth & Westem Railroad —�--�— Trinity Railway Express Union Pacific Railroad m z G) cn Ramsey Vacation - UPRR Right of Way ■ 61( i ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ • ■ ■ • • 0 50 100 200 Feet • • • • • • • • • • • • • • • • • • PAGE* • • • • • • • • • • • • • • • • • • • • • • • • JESSAMINE EXHIBIT A M&C Review CITY COUNCIL AGENDA DATE: CODE: SUBJECT: Attachment 1 COUNCIL ACTION: Approved on 9/21/2010 - Ord. No. 19346-09-2010 Pagelof2 Official site of the City of Fo t Worth, Texas FORT WORTH "C 24459 LOG NAME 20RAMSEYCLOSURE PUBLIC CONSENT HEARING: NO Authorize a Crossing Closure Agreement with the Texas Department of Transportation and the Union Pacific Railroad to Close the Ramsey Avenue Railroad Crossing under which TxDOT Will Reimburse the City Up to $150,000.00 for the Installation of Safety Improvements and Adopt Appropriation Ordinance (COUNCIL DISTRICT 9) 9/21/2010 REFERENCE NO.: C TYPE: RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to enter into a Crossing Closure Agreement with the Texas Department of Transportation (TxDOT) and the Union Pacific Railroad (UP) to close the Ramsey Avenue railroad crossing to vehicular and pedestrian traffic under which TxDOT will reimburse the City up to $150 000.00 for the installation of barricades and other safety improvements in the area; and 2. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the 2007 Critical Capital Projects Fund in the amount of $150,000.00 from available funds. DISCUSSION: XTO Energy requested and received approval to vacate portions of Ramsey Avenue for a proposed gas well site on February 23, 2010, Ordinance No. 19046-02-2010 As a result of this vacation, the Union Pacific Railroad crossing located in the 400 Block of Ramsey Avenue will be permanently closed to vehicular and pedestrian traffic. The Texas Department of Transportation (TxDOT) Railroad Division designated this crossing to receive lights and gates under its Federal Signal Program Section 130 Funds. Since the City has approved the street vacation which closes the crossing to traffic, TxDOT will instead make $150,000 available to the city for safety improvements to other railroad crossings in the area. The scope of work will include the installation of barricades at Ramsey Avenue, concrete medians at the Morningside Drive railroad crossing, channelization devices at various crossings, and signs and pavement markings to improve safety at various crossings This project is located in COUNCIL DISTRICT 9. MAPSCO 77S [See attached map] FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the 2007 Critical Capital Projects Fund Transportation and Public Works Department is responsible for the collection and deposit of funds due the City. TO Fund/Account/Centers FROM Fund/Account/Centers 2) C295 451942 209750157130 $20,000.00 2) C295 511010 209750157130 $20,000.00 2) C295 451942 209750157180 1130,000.00 2) C295 511010 209750157180 $25,000.00 http://apes.cfwnet,org/councit_packet/mc_review,asp?ID=13749&councildato=9/21 /2010 9/22/2010 M&C Review, Page 2 of 2 2) C295 511210 209750157180 2)C295 522030 209750157180 2)C295 541200 209750157180 $5,000.00 $50,000.00 $50,000.00 Attachment 1 Submitted for City Manager's Office by Fernando Costa (6122) Originating Department Head: William Verkest (7801) Additional Information Contact: William Verkest (7801) ATTACHMENTS 20RAMSEYCLOSURE_ doc UPRR_A_RAMSEY CLOSURE, 3.pdf http://apps.cfsvnet.org/council_packet/mc_review.asp?ID=13749&councildate=9/21/2010 9/22/2010 Attachment 1 Ordinance No. 19346-09-2010 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE 2007 CRITICAL CAPITAL PROJECTS FUND IN THE AMOUNT OF $150,000.00, FROM AVAILABLE FUNDS FOR THE PURPOSE OF FUNDING THE INSTALLATION OF BARRICADES AND OTHER SAFETY IMPROVEMENTS PER CROSSING CLOSURE AGREEMENT WITH TXDOT AND UNION PACIFIC RAILROAD PROVIDING FOR A SEVERABILITY CLAUSE MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL 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 2009-2010 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the 2007 Critical Capital Projects Fund in the amount of $150,000.00 from available funds for the purpose of funding the installation of barricades and other safety improvements per a Crossing Closure Agreement with the Texas Department of Transportation and Union Pacific Railroad to Close the Railroad Crossing to Vehicular and Pedestrian Traffic. 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.18809 and all other ordinances and appropriations amending the same except in those instances where the provisions of 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. APPROVE. S TO FORI*AN 1LEGALITY: Assistanorney ADOPTED AND EFFECTIVE* eptember 21, 2010 FE _KS GW )ZDZ REYN-_DS zMADDOX t- CHASE JEFFERSON co = MIT HELL 03 m ELIZABEFH x a~o ROBERT Legend AWrHORNE zI CAFfLOCK JESBAMIt4E Project Location BEWICK.JBEWICN -_ TRANSPORTATION & PUBLIC WORKS DEPARTMENT Traffic Services Division Attachment 1 UPRR & Ramsey MAPSCO: 77S z-J O BOWIE BERR` 7 v1 O RMA2N2 IRMA 2 INOR°HY O Z C >Q> D W -m. ALLEN ELMV1OOD J ALLEN [Li JE`=FERSON ce HARVEY MORNINGSIDE DAVIS a POWELLa__ IN PAMSEY MARION t1ULKEY ROBERT COLVIN 0 — O ux BAL IMORE ARLINGTON O NE MSEY LOWDEN_ BAKER a a VICKI FORT WORTH TEXAS DEPARTMFN i' ; F FRANSPORTATI.N SUMMARY V ESTIMATED COST 2006 FEDERAL RAILROAD S GNAT PROGRAM May 17, 2010 Tarrant County = DOT No. 765 256E CSJ 090248=16 / 3 Project STP 2006(637)FRS Railroad Crossing Closure: Ramsey Street in Fort Worth Participation and Cost Estimate by City of Fort Worth Labor and materials to install Type III Barricades at Ramsey and Capps Street. Labor and materials for the installation of channelization to improve safety at various crossings located in the vicinity Labor and material to construct concrete medians at Morning side Dr. Install street lights at Page St Labor and materials to install signs andpavementmarkings markin s to improve safety at various locations near Ramsey St. Purchase and install wayside horn on Jessemine and pay for the interconnection of the horn. 2. Participation and Cost Estimate by UPRR Railroad Corn an UPRR will contribute $10,000 to the City toward in kind services which includes the removal of the crossingsurfaces and roadway approaches within the Railroad's right of way 3. Participat ion and Cost Estimate by Texas Department of Transportation The St ate will contribute $150, 000.00 to the City as reimbursement for roadway improvements to facilitate the crossing closure. SUMMARY: City Cost Participation UPRR Railroad Cost Participation (in -kind services) State Cost Participation (100% Federal funds) TOTAL ESTIMATED PROJECT COST $282,000.00 Approved: Darin K. Kosmak Rail Highway Section Director Rail Division $ 122, 000.00 10,000.00 150,000.00 Attac ireiL "2" CITY OF FORT WORTH ESTIMATED COST: City Staff Time Labor and Materials to install Type III Barricades at Ramsey and Capps Street Closure Fees, Application, for Ramsey and Capps Labor and Material for the installation of channelization to improve safety at various crossings located in the vicinity. (Pape St. Y. C. Shamblee Butler. etc.) Labor and Material to construct concrete medians at UP and Morningside Street Installation of Street Lights at UP Page Labor and Materials for the installation of signs and pavement markings to improve safety at various locations near Ramsey Street. Installation of interconnect by UP for the Wayside Horn connection at UP and Jessemine Purchase and installation of Wayside Horn at UP and Jessemine Street $20,000 $10,000 $2,000 $40,000 $40, 000 $25,000 $20,000 $25,000 $100,000 TOTAL $282,000 t® ate Railroa • orce ccount ork or rossin• losure o Be '.eimbursed by State There is NO Railroad Force Account Work To Be Reimbursed by State ATTACHMENT 4