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HomeMy WebLinkAboutContract 43103 i f CITY SE�TAF�Y CONTRACT NOO WAYSIDE HORN 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 Biddison 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; g g 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 1. PURPOSE 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 Biddison Street DOT No, 020480 at-grade crossing located at railroad milepost 34214. 2. SCOPE OF WORD 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 `iC" attached to and made a part of this Agreement. f. The Agency or its contractor must install the new Wayside Horn System. Wayside Horn Agreement for Biddison St Page l Form 0109(revised 6-30-09 b 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. i. 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. 3. 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 own, operate and maintain,at its expense,the Wayside Horn System up to and including connection to 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 Biddison St Page 2 Form 0109(revised 6-30-09 by WD Werner) f. Through this Agreement, BNSF does not waive an rights it m federal law to sound the Locomotive horn in c Y r g may have under existing case o f emergency,when the Wayside Horn System is malfunctioning, when active grade crossing malfunctioned, when roadway workers are present g warnn g devices have p ent or when grade crossing warning systems are temporarily out of service during inspection, maintenance, or testing f system or as is otherwise-necessary in the sole opinion of BNSF. g the g. In the event Agency defaults on any of its obligations hereunder following written notice from BNSF,including without limitation ten(l0}days the Wayside Horn System in good �Agency's ob 1 igation to maintain Y g d and operative condition, BNSF, may, at its option, remove the Wayside Horn System at the sole cost and expense of Agency. U on r of the Wayside Horn System, BNSF shall resume sounding the p removal Biddison Street DoT No.024480 grade crossing e Locomotive horn at the . 4. PROTECTION OF UNDERGROUND SYSTEMS a. Agency and its contractor is placed on notice that fiber optic, communicate cable lines and systems(collectively,the"Lines" on and other �owned b y various telecommunications or utility companies may be buried on BNSF's property or right-of-way. The its contractor must contact appropriate personnel to have Agency or p e 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 rop e�.The s contractor will be responsible for contacting BNSF's p e Agency or Its g SF's Engineering Representative Manner Public Pro'ects a"17-352-2902),, BNSF's Roadmaster Sack Blackwell Supervisor at 944-482-8433)' and BNSF's Signal-Construction Dwa n e Tiff n at 817- 744-7 , and the telecommunications or utility companies and notifying work that may damage these Lines or facilities fY g them of any and/or interfere with their service. The Agency or its contractor must also mark all Lines in order to verify Agency or its contractor must also use all reasonable methods when their locations. working in the BNSF right-of-way or on BNSF property to determine if any other Lines fib r communication or otherwise)may exist. a optic, cable, b. Failure to mark or identify Lines will be sufficient cause f Representative(Manager Public Pro'ects to or BNSF's Engineering .l ) stop construction at no cost to BNSF until these items are completed. C. In addition to the liability terms contained elsewhere in this Agreement an extent provided by law, Agency agrees to require � d to the fullest g q e its CONTRACTOR to hereby indemnify, defend and hold harmless BNSF for, from and against all cost expense whatsoever (including, without limitation g � liability, and attorney's fees and court costs and expenses)arising out of or in any way contributed to by any act or omission of A its contractor, subcontractors, agents and/or employees that cause or in any or degree contribute to: (I)any damage to or destruction of an Lines on BNSF's way or or within BNSF's right-of--way; (2)an injury to or Y NSF's property Y .l ry death of any person employed by or on behalf of(a) any telecommunications or utility company, b Agency's 3 an company, (b)A ' g Y contractor or subcontractors, or(c) Agency, and { } y claim or cause of action for alleged loss of profits or revenue by,or loss of service by a customer or user of such telecom or utility company(ies).THE LIABILITY ASSUMED BY CONTRACTOR WILL NOT BE AFFECTED Y AGENCY'S BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE,DESTRUCTION,INJURY,DEATH CAUSE OR CLAIM WAS OCCASIONED By OR OF ACTION CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS EMPLOYEES OTHERWISE, EXCEPT TO THE EXTENT OR THAT SUCH CLAIMS ARE Wayside Horn Agreement for Biddison St Page 3 g Form 41 09(revised 6-34-09 by WD Werner) x PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT NEGLIGENCE OF BNSF. OR GROSS d. Agency or its contractor will be responsible for the rearrangement Lines determined to interfere with the installation of any facilities or Agency and/or its Contractor must cooperate °ri or construction of the improvements. p fully with any telecommunications or utility company(ies)in performing such rearrangements. 5• INDEMNIFICATION a. Agency agrees to require its CONTRACTOR to release, indemnify harmless BNSF and BNSF's affiliated cam parries, fY, d efend and hold representatives, officers, directors em to a Partners, successors, assigns, legal p yes and agents for, from and against any and all claims, suits, liabilities, losses, damages, costs and expenses in limitation, attorneys fees and court costs for in' P (including, without � injury to or death of any person or damage to property to the extent that such injuries or damages arise out of the Co negligence in the construction or subsequent maintenance of the ntracttem and equipment. THE INDEMNIFICATIO Wayside Horn System N OBLIGATION ASSUMED BY THE CONTRACTOR INCLUDES ANY CLAIMS, SUITS OR BROUGHT AGAINST BNSF UNDER THE UDGMENTS E FEDERAL EMPLOYER'S LIABILITY ACT OR ANY CLAIM MADE UNDER ANY STATE COMPENSATION ACT. WORER'S b. The Agency further agrees to require its CONTRACTOR expense, in the name and on behalf of BNSF � at the CONTRACTOR'S that it will adjust and settle any claims made against BNSF and will appear and defend any suits or actions at l aw or in equity brought against BNSF on any claim or cause of action arising growing manner connected with any liability assumed b the A g or� out of or in any 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 CONTRACTOR must proceed to adjust and handle to the Agency's the event of a suit being brought against a conclusion such claims, and in g t BNSF, BNSF may forward the summons and complaint or process in connection therewith to the Agency, and th CONTRACTOR must defend,adjust or settle such suits an e Agency's harmless BNSF from and against all d d Protect,indemnify,and sable g damages,judgments,decrees,attorney's fees,costs, and expenses growing out of or resulting from or incident to an such clai Y ms or suits. 6. AGENCY CONTRACTOR REQUIREMENTS a• While on or about BNSF property, Agency and its contractors must full BNSF's"Contractor Requirements"set forth in Exhibit"C"attached comply with uir attached to and made a part of this Agreement. The"Contractor Requirements"ements" include clearance requirements and personal protective equipment requirements. Agency and its contractor responsible for becoming familiar with BNSF's "Contractor swill be entering BNSF property,Agency's Contract or must execute equirements". Prior to Exhibit C-1 attached to and made a part of this Agreement. b. Prior to entering BNSF property, each person rovidin labor, P g , 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 Cont Orientation") at the following Internet website: "contracto "ractor Safety must ensure that each of its contractors rorientation.com . Agency employees, subcontractors, agents or invitees completes the BNSF Contractor Safety Orientation before any work k i performed this Agreement. Additionally, Agency must ensure that P °rmed under each and every contractor, Wayside Horn Agreement for Biddison St Page 4 Form m 0 t 09(revised 6-30-09 by WD Werner) a is ,R employee, subcontractor, agent or invitee ossesses a card p certifying completion of the BNSF Contractor Safety Orientation prior to entering BNSF Agency Property. A renew the BNSF Contractor Safety Orientation annually. g Y must C. Prior to entering BNSF property,Agency or its contractors must prepare and implement ement a safety action plan acceptable to B SNF. Agency must audi t compliance with the plan during the course of Agency's work. A copy of the plan and audit results must be the work site and will be available for inspection b BNSF kept at p y Fat all reasonable times. 7. INSURANCE Agency and/or its contractor must,at Agency and contractor's sale cast and expense, maintain during the life of this Agreement the following nsurance cover p se,procure and g age: a. Commercial General Liability insurance. This insurance must contain brow contractual liability with a combined single limit of a d form g minimum of $x,000,000 each occurrence and an aggregate limit of at least $4,000,000. Coverage must be urchased on a post 1998 ISO occurrence farm or equivalent and include coverage for b p following: g but not limited to the ♦ Bodily Injury and Property Damage ♦ Personal Injury and Advertising Injury Fire legal liability ♦ Products and completed operations This policy must also contain the fallowing endorsements, which must be indicate the certificate of insurance: don ♦ It is agreed that any workers' compensation exclusion does not apply to Railroad payments related to the Federal Employers Liability Act Wage Continuation Program or similar programs and any payments made are deemed not to be either payments made or obligations assumed under law any Workers Compensation,disability benefits,or unemployment compensation 1 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 railro ♦ Any exclusions related to the explosion, ad property. p osion,collapse and underground hazards must be removed. No other endorsements limiting coverage as respects obligations under this A may be included an the policy. Agreement b. Business Automobile Insurance. This insurance must contain a combine at least d single limit of $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. Workers Compensation and Employers Liability insurance including not limited to: g covera e g or, but ♦ Statutory liability under the worker's compensation laws of the state(s) n which optional under the work is to be performed. If o } p der 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 B i ddi son St Page 5 Form 0109 revi s - 0109(revised 6 30-09 by WD Werner) f s d. Railroad Protective Liability insurance naming only the coverage of at least$29000,004 per occurrence g Y Railroad as the Insured with p ence and$69000,000 in the aggregate. The policy must be issued on a standard ISO form CG 00 35 10 93 and include th * Endorsed to include the Pollution Ex e following: Exclusion Amendment(ISO form CG 28 31 10 93) Endorsed to include.the Limited Seepage and Pollution Endorsement ♦ Endorsed to remove any exclusion for unitive dam t * No other endorsements restricting p ages. Ling coverage may be added. The original policy must be provided to the Railroad er to rior or services under this Agreement p performing any work In lieu of providing a Railroad Protective Liability policy,c � p y, the Agency or its CONTRACTOR may participate in the railroads (BNSF) Blanket Railroad Protective Liability Insurance Policy.The limits of coverage are the of a"stand alone"policy. g same as required ❑ I elect to participate in BNSF's Blanket Railroad Protective Policy. ve Liability Insurance ❑ 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 Insurance P handles the Blanket Railroad Protective Liability Policy for BNSF: Rosa Martinez MARSH USA 214-303-8519 e. Other Requirements: Agency agrees to require its CONTRACTOR to waive its right against Railroa g of recovery against Railroad for all claims and suits a g d. In addition, its insurers, through the terms of the policy or policy endorsement, waive their right of subrogation Railroad for all claims and suits. The certificate of insurance gation against subrogation endorsement. Agency o re ce must reflect the waiver of Y a g reel quire its CONTRACTOR to waive its right of recovery, and its insurers also waive their right of subrogation or roe g n against Railroad for loss of its owned or leased property property rty 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 b g p p y e primary and non-contributing with respect to any insurance carried by Railroad. The certificate of insurance must that the above wording is included in evidenced p olicies. reflect All policy(ies) required above (excluding Workers Compensation Railroad Protective) must include a severabili of interest and if applicable, must be named as an additional in �' terest endorsement and Railroad cured with respect to work performed under this agreement. Severability of interest and naming Railroad as additional insured indicated on the certificate of insurance. must be Agency is allowed to self-insure. Any deductible,self-insured retention responsibility for claims must be covered directly b A ton or other financial and all Railroad liabilities that would otherwise, Y Agency in lieu of insurance. Any in accordance with the provisions of this Agreement, be covered by Agency's insurance will be covered as i to include a deductible,self-insured retention or other financial responsibility for claims. Wayside Horn Agreement for Biddison St Page 6 g Form 0I09 revised 6-34-49 by WD Werner) rt Prior to commencing the Work, Agency must furnish to Railroad certificate(s)of insurance including n original si an acceptable g signature of the authorized representative evidencing the required coverage, endorsements, and amendments and re contract audit/folder number if available. The oli referencing the p cy�Yes� must contain a provision that obligates the insurance company(ies) issuing such poliC Yes to not • writing at least 30 days prior to an Y� } notify railroad in Y p y cancellation, non-renewal, substitution or material alteration. This cancellation provision must be indicated on the certificate Upon request from railroad,a certified duplicate on of insurance. furnished. p original of any required policy must be Ebix BPO PO Box 1 2010-BN Hemet CA 92546-8010 Fax number:951-766-2299 Any insurance policy must be written by a reputable insurance company Railroad or with a current Best's Guide Rating f A Y acceptable to authorized to do business in the state g - an p d Class VII or better, and �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 by CONTRACTOR'S insurance agent(s)/broker(s), reviewed 's CANT who have been instructed by Agency's CONTRACTOR to procure the insurance coverage required b this Agreement. Allocated Loss Expense must be in addition to all Y coverages referenced above. policy limits for If any portion of the operation is to be subcontracted by Agency,A A that the subcontractor provide and maintain the incur y' g en cY must require naming railroad as an additional insured and requiring coverages set forth herein, quYring that the subcontractor release, defend and indemnify Railroad to the same extent and under the conditions as Agency is required to release,defend and indemnify Railroad herein. Failure to provide evidence as required by this section will entitle Railroad to terminate this agreement immediately. Acceptance of a � but not require, certificate that does not comply with this section will not operate as a waiver of Agency's obli hereunder, obligations For purposes of this section, railroad means "Burlington North Corporation", "BNSF Railway Company"' and the � ern Santa Fe e 51.�b5YdYarres, 51.1CCe55ors, a551gI75 and affiliates of each. Wayside Horn Agreement for Biddison St Page 7 Form 0 149{revised 6-30-09 by WIC Werner} IN WITNESS WHEREOF,the parties hereto have executed this A r year first above written. g Bement as of the day and BNSF RAILWAY COMPANY By: Print ame: TIMOTHY . HUYA Title: MANAGER PUBLIC PROJECTS ATTEST: APP City Secre Fernando Costa a 000 000 wo�d o .� Assistant City Manager er C-05L4 L4 0 0 Date:a& o a Contract Authoriza ' P t on 0 ��, �- �_ ► 0 0 Date: 0 �a aoav�Q . t E 5 TO FORM AND LA6� � 9AV APP OVAL RECOMMENDED: Doug Black Douglas 4 0%- %, Assistant City Attorney glas • W�ers�g, P.E. Director, ransportation& blic Works Date: 2 i-L Date: All invoices for the project will be sent to: Tai Nguyen Project Manager City of Fort Worth 5001 James Avenue Fort Worth, Texas 75115 Phone:817-392-8001 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Wayside Horn Agreement for Biddison St pa e g Form orm o 109(revised 6_30-09 by WD Werner) r h h Ix = V O C h :3: p1 p O ~ F F- O NN LL O � Z N% V u W OFmNmzLn -i LnW � wLn � �r 0 54x r-% 0.. moo aor � � � V otncnww � •• a �- � mz h w a= ° c~nv'_r CC3V YOZOLLoo CL o� a h N W L Ix 3 V v o4- °w L Ix O J 0:3 000a rr m10 - +- z w o N ,_ •_ � � .. 3 3 0 0 f- � � cn � Z C } r7 rn N C C C=7 t II C J C C X - - Y � •- •- v �n o J +a LL C4 o� w h L . C� m h J W Z Cr O • h Q •• V ti V] O CJO .. [V 0 m V C L4 (n m O 10 p vo } L ° o 4) Ix _m m a L+ m o o " `O U_ L m tc) •] m a V W C C L L3 CD �] Z cr Q I•- (17 O 0 Z Z p IX h CL Q "" I-- CL U z oz N = U) ° ir Z z U 0 z rzl: Q z 0 z v cal a U z 0-4 .. U7 W cn U) O Q r a U) J z W w J O m 07 w w o U) U o er U U rC o =a Z -J z U z W LLI Z:) 0 h z o Ix z v �_ p Z a •4 r cv .. Z h U cr. � LLI U W w cr F- Q tY Ln W cr J a� o a Q CC J a z w w� er b-, z o Z O U) -Z m X m U C 6 I.- Z U Q r F--+ U U) t (�I 0 ❑ M 0 0 i ***** MAINTAIN PROPRIETARY CONFIDENTIALITY BNSF RAILWAY COMPANY EXHIBIT B ItIIPM ESTIM,,kTE FOR Railroad Signal Cost Estimate CITY OF FORT WORTH Biddison Street Revised 11/11/2011 LOC:'1TION FT VVORTI I DETAILS OF ESTIMATE PLAIN ITEM: PS1020480T VERSION: ! PURPOSE,.IUSTIFICATION AND DESCRIPTION INSTIII_L PREEMPT FOR WAYSIDE IIORN AT I31DDISON ST IN FT WORTII,TX.TEXAS DIV.,FT WORTII SUBI)IV.,LIS 7500,M,P 3:32.14 IX )T)T# MONTIILY POWER[IT ILITY COST CENTER:61698 SEQ.##38505 CONTINI.;ING CONTRACTS HAVE BEEN ESTABLISIIED FUR.PORTIONS OF SIGNAL WORK ON TIIE BNSF RAILROAD. TI IIS ESTIMATE IS GOOD FOR 90 DAYS.TI IEREAFTER TI IE ESTIMATE IS SUBJECT TO CI IN COST FOR LABOR OVERHEAD. MATER IA AND MAINTAIN PROPRIETARY CONFIDEV'TIALITY. THE MATERIAL LIST BELOW REFLECTS TYPICAL REPRESENTIVE PACKAGES USED FOR ESTIMATING PURPOSE ONLY. TREY CAN BE EXPECTED TO CIIANGE AFTER TIIE ENIGINEERING PROCESS,DETAILED AND ACCURATE MATER AL LISTS WILL BE FU RN ISI IED Al IFN ENGINEER NG I5 C(7M PLE—TED. *******************************SIGNAL.WORK ONLY******************************* TIIE•'CITY OF FORT WORTH IS FUNDING TIIIS PROJE'CTAPPROX.IMATELY 80`%.THE BNSF IS FUNDING APPROXIMATELY'-)0%, DESCRIPTION QUANTITY UiM COST TOTAL S ********** LABOR ********** SIGNAL FIELD LABOR-CAP 6710 tiIII 17,513 PAYROLL ASSOCIATED COSTS DA OVERIIEADS 10,597 EQUIPMENT EXPENSES 16,87' INSURANCE:EXPENSES 5,791 2,756 TOTAL LABOR COST 53,530 53,530 MATERIAL ************* ARM,EZ-GATE T3F.I.I.,EI.FCTR{]NIC 10 EA N 1,150 CABLE,TRACK f.0EAN 190 DOUBLE SIDED XBUCK 1.0 LS N 2,425 GATE KEEPER 2.0 EA N 1,150 LED LIGIIT ADJUSTMENT 2.0 EA N 3,72 2 12.0 EA N ',892 LED LIGHT GA'rE KIT N E�'1 +794 IIISC FIELD MATERIAL 2.41 MISC W IRE MATER IA I_ 1.0 LS N 550 !.0 LS N 2,600 MODULE,AX CARD PREEMPT,ICT F3C1X 2.0 Ell N 2,820 RI:C(_]kI]E R 1.0 I.S N 204 R ELAN'tik'iB.'1SF 1.0 L5 N 5,_203 SHUNT,Nd5 4.O EA N 1000 SHUNT,WIDEBAND.DUAL 2.0 FA N 1,894 �.0 En N 550 S I-)F I-.ICS 1 IT C'4�'�I PI�FTF TELLULAR DEVICE 1A EA N V 916 USF--.TAX 1.0 EA N 2,500 OFFLINE TRANSPORTATION 2,714 383 TOTAL MATERIAL COST 3 4.7211 34.7 1 FA N 8000 [[��TR,1C'T F'V4tR. Page 1 of 2 L FV CONTRACT STGNS;CONES I.O EA N ?,5130 DIRECTIONAL BORE 1.0 EA N 5,000 TOTA 1.OTIIER ITEMS C'OS`T' 15,500 15.500 PROJECT SUBTOTAL 103,751 CONTINGENCIES 0 BILL(PREPARATION FEE 1,038 GROSS PROTECT COST 104,789 LFISS COST PAID BY 13NSF yE;958 TOTAL BILLABLE COST 83,831 Page 2 of 2 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA Fo RT WO RTH ""Tor---- ................ ..... COUNCIL ACTION: Approved on 2/21/2012 REFERENCE ** 20BNSF DATE: 212112012 NO.: �-2644a LOG NAME. SEMINARYBIDDISON CODE: C TYPE: CONSENT PUBLIC NO HEARING: 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, 20089 (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 $1129200.00 Butler Street $ 42,852.00 Biddison Street $ 83,831.00 Total $2389883.00 This project is located in COUNCIL DISTRICTS 3 and 9. FISCAL INFORMATIONICERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Grant Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers http:Happs.cfwnet.orglcouncil—packetlmc review.asp?ID=16459&councildate=212112012 9/1412012 M&C Review Page 2 of 2 GR74 541 200 020302253830 $238,883-00 Submitted for City Mana-cier's office by= Fernando Costa (6122) orininatina Department Head: Douglas W. Wiersig (7801) Additional Information Contact: George A. Behmanesh (7914) ATTACHMENTS BNSF_& Biddison_Butler&_W_Seminardf http-.Happs.cfwnet.org/council�acketlmc re�iew.asp?ID=16459&councildate=2121/2012 9/14/2012