HomeMy WebLinkAboutContract 44754 (2)THE STATE OF TEXAS
COUNTY OF TARRANT
COMMUNITY FACILITIES AGREEMENT
City Secretary
Contract No. Ll111 )i
WHEREAS, Union Pacific Railroad Company, a Delaware corporation ("Developer") is
participating in a freight rail mobility and livability improvement project in the vicinity of the Tower 55
junction in Tarrant County, Texas, that includes designing and constructing an additional rail line and
making other related infrastructure modifications and improvements (the "Project"); and
WHEREAS, Developer has notified the City of Fort Worth, a Texas home -rule municipal
corporation (the "City"), that certain of the City's utility facilities and appurtenances (the "Utilities") are
in locational conflict with the Project; and
WHEREAS, the City and Developer agree that Developer will undertake the relocation of the
Utilities as necessary to accommodate the Project; and
WHEREAS, Developer has provided the City with all engineering drawings, studies, contract
specifications, estimates, and other documents necessary to construct the improvements to the Utilities
contemplated by this agreement (the "Plans"), including all related appurtenances, adjustments, existing
utilities, and relocations, (collectively, the "Improvements"); and
WHEREAS, Developer has provided a general depiction of the Improvements contemplated by
this agreement in Exhibits A-D, which are based on the Plans and are attached hereto and made a part
hereof.
Developer Information:
Developer Company Name: Union Pacific Railroad Company, a Delaware corporation
Address, State, Zip Code: 1400 Douglas Street, STOP 1690, Omaha Nebraska 68179
Phone, E-Mail: (402) 544-2221; rscarroll@up.com
Authorized Signatory/Title: Joseph Santamaria
Project Name:Union Pacific Tower 55 Surface Improvements
Project Location: From Northside Dr. to 17th Street
Plat Case No.: N/A Plat Name: N/A
Council District: 8 City Project No: 02052
CFA: 2013-026 DOE: 6987
Received by: i ������ Dat
OFFI IAL RECORD
-1- CITY SECRETARY
FT. WORTH, TX
f I V D D AUG 2 7 2013
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
For and in consideration of the covenants and conditions contained herein, the City and the Developer
do hereby agree as follows:
General Requirements
A. The City's Policy for the Installation of Community Facilities in effect on August 1, 2012, as
adopted by the City Council on March 20, 2001 and amended from time to time (the "Policy"), is
hereby incorporated into this Agreement as if copied herein verbatim, but only to the extent that the
Policy does not conflict with any explicitly stated terms of this Agreement. Developer agrees to
comply with all provisions of said Policy in the performance of its duties and obligations hereunder
and to cause all contractors hired by Developer to comply with the Policy, as modified by this
Agreement, in connection with the work performed by said contractors,
B. Developer shall provide financial security in conformance with paragraph 6, Section II, of the Policy
and recognizes that there shall be no reduction in the collateral until the Project has been completed
and the City has officially accepted the Improvements. Developer further acknowledges that said
process requires the contractor to submit an Affidavit of Bills paid signed by its contractor and
Consent of Surety signed by its surety to ensure the contractor has paid the sub -contractor and
suppliers in full. Additionally, the contractor will provide in writing that the contractor has been
paid in full for all the services provided under this contract.
C. Developer agrees to cause the construction of the Improvements contemplated by this Agreement
and that said construction shall be completed in a good and workmanlike manner and in accordance
with all City standards and the Plans.
D. The following checked exhibits are made a part hereof: Water (A) X_, Sewer (A-1) X ,
Paving (B) X_, Storm Drain (B-1) , Street Lights & Signs (C) , Traffic Signals (D) .
E. Developer shall award all contracts for the construction of the Improvements in accordance with
Section II, paragraph 7 of the Policy and said contracts shall be administered in conformance with
paragraph 8, Section II, of the Policy.
F. For all Improvements (as depicted in the attached Exhibits) included in this Agreement for which
Developer awards construction contract(s), Developer agrees to the following:
i. To employ a construction contractor(s) ("Contractor") who is approved by the director of the
department having jurisdiction over the infrastructure to be constructed, said Contractor to meet
City's requirements for being insured, licensed and bonded to do work in public streets and/or
prequalified to perform water/waste water construction as the case may be.
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ii. To require its Contractor to furnish to the City a payment and performance bond in the names of
the City and Developer for one hundred percent (100%) of the construction price of the
Improvements, and a maintenance bond in the name of the City for one hundred percent (100%)
of the construction price of the Improvements for a period of two (2) years insuring the
maintenance and repair of the constructed infrastructure during the term of the maintenance bond.
All bonds to be furnished before work is commenced and to meet the requirements of Chapter
2253, Texas Government Code.
iii. To require the Contractor it hires to perform the construction work contemplated herein to
provide insurance equal to or in excess of the amounts required by the City's standard
specifications and contract documents for developer -awarded infrastructure construction
contracts. The City shall be named as additional insured on all insurance required by said
documents and same will be evidenced on the ACORD Certificate of Insurance supplied by the
contractor's insurance provider and bound in the construction contract book.
iv. To require its Contractor to give 48 hours notice to the City's Construction Services Division of
its intent to commence construction so that City inspection personnel will be available; and to
require the Contractor to allow the construction to be subject to inspection at any and all times by
City inspection forces, and not to install or relocate any sanitary sewer, storm drain, or water pipe
unless a responsible City inspector is present and gives his consent to proceed, and to make such
laboratory tests of materials being used as may be required by the City; provided that the City
agrees to comply with Developer's standard access and safety requirements when inspecting any
work located on Developer's property..
v. To require its Contractor to have fully executed contract documents submitted to the City prior to
scheduling a Pre -Construction Meeting. The submittal should occur no less than 10 working days
prior to the desired date of the meeting. No construction will commence without a City -issued
Notice to Proceed to the Developer's contractor.
vi. To delay connections of buildings (if any) to service lines of sewer and water mains constructed
under this Agreement until said sewer and water mains and service lines have been completed to
the satisfaction of the Water Department.
G. Developer agrees to provide, at its expense, its portion of all engineering drawings and documents
necessary to construct the improvements required by this Agreement.
H. Developer shall cause the construction, installation or adjustment of the Improvements required
herein, and upon completion of the Improvements, the City shall inspect and accept or reject the
Improvements in a written notice addressed to Developer. Upon the City's acceptance of the
Improvements as evidenced by such written notice (the "Acceptance Date"), Developer shall be
-3-
released of all liability and responsibility with respect thereto, and the City shall be deemed to waive
and release, for itself and any other parties subsequently claiming by, through, or under the City, any
claim against Developer for injury to persons or damage to property arising from or related in any
way to the Improvements, save and except for any subsequent damage caused by Developer or its
contractors for any future phase of the Project's construction. All indemnity obligations of Developer
under this Agreement (including, but not limited to, those obligations set forth in paragraphs L and M
below) will terminate effective as of the Acceptance Date. The foregoing shall not be deemed to
waive or release any claim asserted by the City in writing against Developer under paragraph L below
prior to the Acceptance Date.
I. The costs and expenses of the Improvements shall be paid as described on Attachment B attached
hereto and made a part hereof. Notwithstanding anything to the contrary contained in the Policy, upon
completion of the Improvements, Developer will submit to the City one or more invoices for the costs
for the sewer abandonment work, and documentation that Contractor has been paid, and the City will
pay to Developer the City's share of such costs associated with oversizing and relocation for such
work, within thirty days after receipt of such invoice(s). City's share of costs shall be the lesser of the
actual construction costs or the unit prices established by Ordinance 19192-06-2010 (as amended)
("Unit Prices") and previously provided to Developer or Developer's consultants. To the extent the
Developer's costs exceed the Unit Prices, Developer shall bear the cost difference.
J. Developer and the City each hereby releases the other for any inadequacies in the preliminary plans,
specifications and cost estimates supplied by the Developer and reviewed by the City for this
Agreement. The release obligations of this paragraph will survive completion of the Improvements
and/or expiration or termination of this Agreement.
K. Developer agrees to provide all necessary rights of way and easements, using Developer's then
current form and pursuant to Developer's then standard procedure for provisions of such rights of
way and easements, across property owned by Developer and required for the construction of the
Improvements provided for by this Agreement.
L. The Developer further covenants and agrees to, and by these presents does hereby, fully
indemnify, hold harmless and defend the City, its officers, agents and employees from all suits,
actions or claims of any character, whether real or asserted, brought for or on account of any
injuries or damages sustained by any persons (including death) or to any property, resulting
during the performance of the work from or in connection with the construction, design,
performance or completion of any work to be performed by said Developer, its contractors,
subcontractors, officers, agents or employees, or in consequence of any failure to properly
safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of
-4-
said Developer, its contractors, sub -contractors, officers, agents or employees, except to the
extent arising from or caused by the negligence or willful misconduct of the City or its officers,
agents, or employees. Subject to Paragraph H, Developer shall have no liability under this
paragraph after the Acceptance Date.
M. Developer will further require the Contractor to indemnify, defend and hold harmless the City,
its officers, agents and employees from and against any and all claims, suits or causes of action
of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or
damages to persons or property, including death, resulting from, or in any way connected with,
the construction of the infrastructure contemplated herein, whether or not such injuries, death,
or damages are caused, in whole or in part, by the alleged negligence (but exclusive of the gross
negligence or willful misconduct) of the City or its officers, agents, or employees. Further,
Developer will require the Contractor to indemnify, and hold harmless the City for any losses,
damages, costs or expenses suffered by the City or caused as a result of said contractor's failure
to complete the work and construct the improvements in a good and workmanlike manner, free
from defects, in conformance with the Policy, and in accordance with the Plans.
N. Upon completion of the Improvements, Developer will assign to the City a non-exclusive right to
enforce the contracts entered into by Developer with its Contractor along with an assignment of all
warranties given by the Contractor, whether express or implied. Further, Developer agrees that all
contracts with any Contractor shall include provisions granting to the City the right to enforce such
contracts as an express intended third -party beneficiary of such contracts.
O. Notwithstanding anything contained in the Policy or in this Agreement, the City agrees that no
subdivision plats will be required in connection with the work contemplated by this Agreement.
P. Nothing in this Community Facilities Agreement shall be deemed a submission by Developer to the
jurisdiction of any state or local body or a waiver of the preemptive effect of any state or federal law
regarding railroad construction, facilities, and/or operations. The City will reasonably cooperate with
Developer in identifying any additional City permits or approvals that may be needed with respect to
the work contemplated under this Agreement.
Q. Inspection and material testing fees are required as follows:
i. Developer shall pay in cash water and wastewater inspection fees and material testing fees
equal to two percent (2%) for a total of 4% of the developer's share of the total construction
cost as stated in the construction contract.
ii. Developer shall pay in cash paving and storm drain inspection fees equal to four percent (4%)
and material testing fees equal to two percent (2%) for a total of 6% of the developer's share
of the total construction cost as stated in the construction contract.
-5-
iii. Developer shall pay in cash the total cost of streetlights or if the City is not installing the
streetlights, inspection fees equal to four percent (4%) of the developer's share of the
streetlight construction cost as stated in the construction contract.
iv. Developer shall pay in cash the total cost of street signs.
R. COMPLETION WITHIN 2 YEARS
i. The City's obligation to participate (exclusive of front foot charges) in the cost of the Improvements
shall terminate if the Improvements are not completed within two (2) years after the date of this
Agreement; provided, however, if construction of the Improvements has started within the two-year
period, Developer may request that this Agreement be extended for one year. If the Improvements are
not completed within such extension period, there will be no further obligation of the City to
participate. City participation in any Community Facilities Agreement shall be subject to the
availability of City funds and approval by the Fort Worth City Council, which City Council approval
(and availability of funds as set forth in this Agreement) with respect to this Agreement is evidenced
by the City's execution and delivery of this Agreement to Developer.
ii. Nothing contained herein is intended to limit Developer's obligations under the Policy (as modified
by this Agreement), this Agreement, its financial guarantee, its agreement with its contractor or other
related agreements.
iii. The City may utilize Developer's financial guarantee submitted for this Agreement to cause the
completion of the construction of the Improvements if at the end of two (2) years from the date of this
Agreement the Improvements have not been completed and accepted.
iv. The City may utilize Developer's financial guarantee to cause the completion of the construction of
the Improvements or to cause the payment of costs for construction of same before the expiration of
two (2) years if Developer breaches any material obligation under this Agreement (and such breach
remains uncured after written notice and opportunity to cure), becomes insolvent, or fails to pay costs
of construction and the financial guarantee is not a Completion Agreement.
-6-
Check items associated with the project being undertaken; checked items must be included as
Attachments to this Agreement
Included Attachments
® Location Map
® Exhibit A: Water Improvements
® Water Estimate
® Exhibit A-1: Sewer Improvements
® Sewer Estimate
® Exhibit B: Paving Improvements
® Paving Estimate
❑ Exhibit B-1: Storm Drain Improvements
n Storm Drain Estimate
n Exhibit C: Street Lights and Signs Improvements
❑ Street Lights and Signs Estimate
® Exhibit D: Traffic Signals
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK; SIGNATURES FOLLOW)
IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed in
quadruplicate in its name and on its behalf by its Assistant City Manager, attested by its City Secretary,
with the corporate seal of the City affixed, and said Developer has executed this instrument in
quadruplicate, at Fort Worth, Texas this /?-" day of , 2013
Approved by City Manager's Office
574444..6
Fernando Costa, Assistant City Manager
Water Department
S. Frank Crumb, P.E.
Director
t\L
Wendy Chj Bablulal, EMBA, P.E.
Development Engineering Manager
Approved as to Form & Legality:
Douglas W. Black
Assistant City Attorney
M&CNo.: L- L6iy
Date: y-°1-j3
DEVELOPER:
UNION PACIFIC RAILROAD COMPANY,
a Delaware corporation
By:
N mee" vS��pl, S J\ TPfnA2Ir.3-
Ti e: ✓p E.1.)C ewer -
Transportation & Public Works
6-s-Y
Dough W. Wiersig, P.E.
Director
W_W
ATTEST:
ary . K
City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Attachment A
comprised of
Exhibits A-D
See pages following
Attachment A
Page A-1
0 3000
SCALE: 1"=30001
vcsi mg(
toms ORD,
M-1-I-1
EXHIBIT 'A-1'
DELGA STREET
EXHIBIT 'B-1'
Greenwa
PROPPOSED RAIL_
IMPROVEMENTS.
PROPOSED RAIL
IMPROVEMENTScw0;od
g wiring .ParI4
V
PROJECT LOCATION
TOWER 55 SURFACE IMPROVEMENTS
D.O.E. #6987
CPN 02052
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PR P. WL
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GRAPHIC SCALE IN FEET
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12" DIP
PROP. 12" GV
PROP. 12" GV
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73
73
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EXIST. 8" WL
BEABANDONyD"`
•
INTERSTATE 35W NORTH
- - - EXISTING WATER LINE
TO BE ABANDONED
w— EXISTING WATER LINE
1' w— EXISTING GATE VALVE
w— EXISTING FIRE HYDRANT
t w— EXISTING REDUCER
PROPOSED WATER LINE
PROPOSED REDUCER
PROPOSED WATER LINE
IN STEEL CASING PIPE
PROPOSED GATE VALVE
PROPOSED FIRE HYDRANT
EXHIBIT A
WATER IMPROVEMENTS
• TOWER 55 SURFACE IMPROVEMENTS
12TH STREET
PECAN STREET TO JERSEY STREET
bv5'- n
',Vs- 7
---♦n--- EXISTING SAN. SEWER
& SAN. SEWER MANHOLE
EX. SAN. SEWER TO BE ABANDONED
BY BNSF CONTRACT
wr...ow. EX. SAN. SEWER TO BE ABANDONED
BY UPRR CONTRACT
EX. SAN. SEWER TO BE ABANDONED BY
CHESAPEAKE CONTRACT
PROPOSED SAN. SEWER
---�— PROPOSED SAN.
SEWER MANHOLE
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EX. SAN SEWER TO BE'
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EX. SAN SEWER TO BE
ABANDONED BY
UPRR CONTRACT
EX. SAN SEWER TO BE ABANDONED
BY FUTURE DEVELOPMENT
EXHIBIT A-1
SEWER IMPROVEMENTS
TOWER 55 SURFACE IMPROVEMENTS
-
EX. SAN SEWER TO
BE ABANDONED BY
UPRR CONTRACT
SEWER MAIN M-1-I-1
10TH STREET TO 13TH STREET
0
400
GRAPHIC SCALE IN FEET
0 60
GRAPHIC SCALE IN FEET
PROPOSED RAIL BRIDGE.
EX. RAIL BRIDGE TO BE
REMOVED
PROP. 5' WALK
PROP. RETAINING WALL
PROPOSED RAIL BRIDGE
PROP. CURB
EXHIBIT B
PAVING IMPROVEMENTS
TOWER 55 SURFACE IMPROVEMENTS
COLD SPRINGS ROAD
PROP. ASPHALT
PAVEMENT REPAIR
EX. UPRR TRACK
PROP. UP RR TRACK
•
PROP. RETAINING WALL
PROPOSED ASPHALT
PAVEMENT
PROPOSED CURB
PROPOSED CONCRETE
SIDEWALK
DELGA STREET
COLD SPRINGS ROAD TO 200' EAST PROP. RETAINING WALL
Project Name:
Attachment B
Cost Summary Sheet
Union Pacific Tower 55 Surface Improvements Project
CFA No.: 2013-026 DOE No.: 6987
An Engineer's Estimate of Probable Cost is acceptable. However, the construction contract price will
ultimately determine the amount of CFA fees and financial guarantee. The bid price and any additional
CFA payments will be required prior to scheduling a pre -construction meeting.
An itemized estimate corresponding to each project -specific exhibit is required to support the following
information:
Attachment B
Page B-1
Base on Bid Amounts (to avoid additional M&C approval)
Items Developer's Cost City's Cost Total Cost
A. Water and Sewer Construction
1. Water Construction $ 389,769 $ 1,321 $ 391,090
2. Sewer Construction $ 60,577 $ 4,223 $ 64,800
Water and Sewer Construction Total $ 450,346 $ 5,544 $ 455,890
Contingency 15% $ $ 832 $ 832
Total Construction $ 450,346 $ 6,376 $ 456,722
B. TPW Construction
1. Street $ 104,230 $ - $ 104,230
2. Storm Drain $ $ - $
TPW Construction Cost Total $ 104,230 $ $ 104,230
Total Construction Cost (excluding the fees): $ 554,576 $ 6,376 $ 560,952
Construction Fees:
C. Water/Sewer Inspection Fee (2%) $ 9,007 $ 128 $ 9,134
D. Water/Sewer Material Testing Fee (2%) $ 9,007 $ 128 $ 9,134
Sub -Total for Water Construction Fees $ 18,014 $ 255 $ 18,269
E. TPW Inspection Fee (4%) $ 4,169 $ - $ 4,169
F. TPW Material Testing (2%) $ 2,085 $ - $ 2,085
G. Street Light Inspsection Cost $ $ - $
H. Street Signs Installation Cost $ $ - $
Sub -Total for TPW Construction Fees $ 6,254 $ $ 6,254
Total Construction Fees: $ 24,268 $ 255 $ 24,523
Financial Guarantee Options, choose one Amount
Bond = 100% $ 554,576
(Completion Agreement = 100% / Holds Plat $ 554,576
'Cash Escrow Water/Sanitary Sewer= 125% $ 562,932
(Cash Escrow Paving/Storm Drain = 125% $ 130,288
Letter of Credit = 125% w/2yr expiration period $ 693,220
SECTION 00 42 43
PROPOSAL FORM
00 42 43
BID PROPOSAL
Page I of 2
7/10/2013
UNIT PRICE BID Bidder's Application
Bidder's Proposal
Bidlist Item Specification I Unit of
No. Description Section No. Measure Bid Quantity Unit Price Bid Value
UNIT I: WATER IMPROVEMENTS
1 0241.1203 8" Water Abandonment Plug 241.1204 EA 2 $2,300.00 $4,600.001
2 3305.0103 Exploratory Excavation of Existing Utilities 3305.0101 EA 2 $2,800.00 $5,600.001
3 3305.0109 Trench Safety 3305.011 EA 841 $10.00 $8,410.001
4 3305.1104 24" Casing By Other Than Open Cut 3305.1104 LF 267 $495.00 $132,165.00
5 3311.0001 Ductile Iron Water Fittings 3311.0001 TN 2 $9,000.00 $18,000.00
6 3311.0451 12" DIP Water 3311.0451 LF 267 $105.00 $28,035.00
7 3311.0461 12" PVC Water Pipe 3311.0461 LF 841 $150.00 $126,150.00
8 3312.0102 Connection to Existing 6" Water Main 3312.0102 EA 1 $2,400.00 $2,400.00
9 3312.0103 Connection to Existing 8" Water Main 3312.0103 EA 1 $3,200.00 $3,200.00
10 3312.3002 6" Gate Valve 3312.3002 EA 1 $1,500.00 $1,500.00
11 3312.3003 8" Gate Valve 3312.3003 EA 1 $2,300.00 $2,300.00
12 3312.3005 12" Gate Valve 3312.3005 EA 4 $3,500.00 $14,000.00
13 3312.0001 Fire Hydrant Assembly w/ 6" G.V. 3312.0001 EA 1 $3,500.00 $3,500.00
14 0241.1001 8" Water Line Grouting 241.1001 CY 18 $450.00 $8,100,00
15 3125.0101 SWPPP 3125.0101 LS 1 $4,500.00 $4,500.00
16 9999.0000 Mobilization 9999.0000 LS 1 $19,000.00 $19,000.001
17 0241.1201 4" Water Abandonment Plug 0241.1201 EA 1 $1,600.00 $1,600.00
18 9999.0000 6" Fireline Service (Remove Existing Meter) 9999.0000 EA 1 $4,600.00 $4,600.00
19 3311.0141 6" Water Line 3311.0141 LF 15 $120.00 $1,800.00
20 3471.0001 Traffic Control 3471.0001 LF 10 $140.00 $1,400.00
21 9999.0000 Remove Gravel Surface 9999.0000 SY 10 $7.00 $70.00
22 9999.0000 Place Gravel Surface 9999.0000 SY 10 $16.00 $160.001
$391,090.001
2
UNIT I1: SANITARY SEWER IMPROVEMENTS
0241.2001 Sanitary Line Grouting 241.2001 CY
9999.0000 33" & 39" Sewer Abandonment Plug 9999 EA
UNIT 111: STORM DRAIN IMPROV MENTS
200
4
$290.00
$1,700.00
$58,000.001
$6,800.00
$64,800.00
UNIT IV: PAVING IMPROVEMENTS - DELGA ST
1 0241.1100 Remove Asphalt Payment 0241.1100 SY 10 $40.00 $400.001
2 0241.1300 Remove Conc Curb & Gutter 0241.1300 LF 50 $10.00 $500.00
3 3212.0302 2" Asphalt Pavement, Type D 3110.0102 SY 20 $140.00 $2,800.00
4 3212.0502 5" Asphalt Pavement, Type B 3123.0101 SY 20 $160.00 $3,200.00
5 3213.0301 4" Conc Sidewalk 3213.0301 SF 235 $9.00 $2,115.00
6 3216.0101 6" Conc Curb and Gutter 3216.0101 LF 50 $30.00 $1,500.00
7 3232.0203 TxDOT Std Ret Wall - RW 1(L)C 3232.0203 SF 806 $110.00 $88,660.00
8 9900.0000 Seeding Hydromulch (Delga) 9900.0000 SY 10 $5.50 $55.00
9 9900.0000 Mobilization 9900.0000 LS 1 $5,000.00 $5,000.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20120120
$104,230.001
Copy of Tower 55 UP CFA Cost Proposal_no meter.als
SECTION 00 42 43
PROPOSAL FORM
00 42 43
BID PROPOSAL
Page 2 of 2
7/10/2013
UNIT PRICE BID Bidder's Application
Bidlist Item
No.
Description
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20120120
Specification
Section No.
Unit of
Measure
UNIT V: STREET LIGHT1NG IMPROVEMENTS
UNIT VI: TRAFFIC SIGNAL IMPROTEMENTy
BID SUMMARY
UNIT I: WATER IMPROVEMENTS
UNIT II: SANITARY SEWER IMPROVEMENTS
UNIT III: DRAINAGE IMPROVEMENTS
UNIT IV: PAVING IMPROVEMENTS
UNIT V :STREET LIGHTING IMPROVEMENTS
UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS
Bidder's Proposal
Bid Quantity Unit Price
Bid Value
$391,090.00
$64,800.00
$104,230.00
TOTAL CONSTRUCTION BID' $560,120.00
Copy of To,, er 55 UP CFA Cost Proposal_no meter.xls
M&C Review
CITY COUNCIL AGENDA
Page 1 of 3
Official site of the City of Fort Worth, Texas
FORT WORT II
COUNCIL ACTION: Approved on 4/9/2013 - Ordinance Nos. 20697-04-2013 & 20698-04-2013
DATE:
CODE:
SUBJECT:
4/9/2013 REFERENCE NO.: C-26197 LOG NAME: 06TOWER55CFA
NON- PUBLIC
C TYPE: CONSENT HEARING: NO
Authorize Execution of a Community Facilities Agreement with the Burlington Northern
Santa Fe Railroad in the Amount of $3,638,009.29 with City Participation Not to Exceed
$548,758.83, Authorize Execution of a Community Facilities Agreement with the Union
Pacific Railroad in the Amount of $301,425.00 with City Participation Not to Exceed
$6,376.00, Authorize Execution of a Funding Agreement in the Amount of $1,000,000.00
with the Burlington Northern Santa Fe Railroad and Adopt Appropriation Ordinances to
Increase the Capacity of the Tower 55 Railroad Interchange (COUNCIL DISTRICTS 8
and 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Capital Projects Reserve Fund in the amount of $1,000,000.00 from available funds;
2. Authorize the transfer of $1,000,000.00 from the Capital Projects Reserve Fund to the Specially Funded
Capital Projects Fund;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Specially Funded Capital Projects Fund in the amount of $1,000,000.00 from available funds;
4. Authorize the execution of the Tower 55 Funding Agreement in the amount of $1,000,000.00 for the
purpose of advancing the City's objectives with respect to the Tower 55 improvements;
5. Authorize execution of a Community Facilities Agreement with the Burlington Northern Santa Fe
Railroad in the amount of $3,638,009.29 with City participation not to exceed $548,758.83 for pavement
and intersection improvements and for the relocation of water, sanitary sewer and storm sewer services in
the area; and
6. Authorize execution of a Community Facilities Agreement with the Union Pacific Railroad in the amount
of $301,425.00 with City participation not to exceed $6,376.00 for water and sanitary sewer improvements.
DISCUSSION:
Tower 55 is an at -grade rail intersection in central/downtown Fort Worth where at least five major freight
and passenger rail routes converge into two north -south main lines crossing two east -west main lines. This
intersection is a significant bottleneck in the U.S. rail network, and with nearly 100 trains crossing daily, it
operates at or above 90 percent of its volume capacity. Congestion at Tower 55 negatively impacts the
regional economy, environmental quality, and livability within Fort Worth.
The objectives of this project to increase the capacity of the Tower 55 interchange include reducing train
delays and locomotive idling, as well as vehicle idling while waiting at street crossings, thereby increasing
the efficiency of the national railroad transportation system, reducing air emissions in and around the Tower
55 area (an Air Quality Nonattainment Zone), and improving the safety and livability for the City's residents
through improved pedestrian crossing facilities, closing certain at -grade crossings, and making other
roadway improvements for better vehicle mobility and emergency vehicle access.
In addition to and complimentary with the actual trackage work, the Burlington Northern Santa Fe Railroad
(BNSF) and the Union Pacific Railroad (UPRR) have each agreed to make various improvements to
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affected,City water, sewer, storm water and streets (including lighting, signals and sidewalks) facilities
through separate Community Facilities Agreements (CFA). The City has agreed to participate in the costs
of the improvements at the levels indicated. The City has participated in design review of the work to be
performed under the CFAs.
The project will achieve its objectives through:
Adding an additional north -south track across the intersection, a new interchange at the Tower, and
improved approach trackage and signaling;
Rehabilitating and replacing railroad bridges;
Improvement to City streets and intersections to support grade -crossing closures;
Improvement or relocation of the numerous City water, sanitary sewer and storm sewer conflicts
requiring relocation and/or improvement;
Improved roadway -bridge pier protection; and
Increased bridge -height clearances for improved emergency vehicle access.
The Tower 55 project is being funded through a partnership between the Federal Railroad Administration,
the Texas Department of Transportation, BNSF, UPRR and the City of Fort Worth. The funding breakdown
is as follows:
'TIGER II Grant 11$ 34,000,000.00
ITxDOT 11$ 1,000,000.00
City of Fort Worth 1$ 1,000,000.00
1BNSF & UPRR 11$ 65.293.000.00
(TOTAL I$101,293,000.00
Staff is recommending execution of the attached funding Agreement that authorizes the transfer of the
City's $1,000,000.00 commitment to the project to BNSF. BNSF will share a portion of these funds with the
UPRR under a separate Agreement between those two entities.
Staff is further recommending execution of the two Community Facilities Agreements: one with the
Burlington Northern Santa Fe Railroad and one with the Union Pacific Railroad as described above. City
funding for the CFAs will be as follows:
Water and Sewer: $418,259.00 (BNSF) + $6,376.00 (UPRR)
Storm Water: $130,499.83 (BNSF)
Total City Participation for BNSF and UPRR: $555,134.83
This project is located in COUNCIL DISTRICTS 8 and 9.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital budget,
as appropriated, of the Stormwater Capital Project Bond Fund, Water Capital Project Fund and Sewer
Capital Project Fund and upon approval of the above recommendations and adoption of the attached
appropriation ordinances, funds will be available in the current operating budget, as appropriated, of the
Specially Funded Capital Projects Fund.
TO Fund/Account/Centers
1) GC10 472001 013010001000 $1,000,000.00
1) GC10 538070 013010001000 $1.000,000.00
2) C291 472010 069340205420 $1.000,000.00
FROM Fund/Account/Centers
5) P227 541200 209280205483
5) P227 541200 209280205484
5) P227 541200 209280208485
$124.028.76
$2,157.02
$4.314.05
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3) 0291 472010 069340205420 $1.000.000.00
3) C291 539900 069340205420 $1,000,000.00
Submitted for Citv Manager's Office bv:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
06TOWER55CFA C291 A013.doc
06TOWER55CFA GC10 A013.doc
BNSF SupplementalFundingAgreement.pdf
construction limits3.pdf
5) P265 539140 609140205483
5)P265 531350 609140205485
5) P265 531200 609140205484
5) P275 539140 709130205483
5) P275 531350 709130205485
5)P275 531200 709130205484
2) GC10 538070 013010001000
6) P275 539120 708130205283
6) P275 531350 708130205285
6)P275 531200 708130205284
4) C291 539900 069340205420
Fernando Costa (6122)
Randle Harwood (6101)
Bryan Beck (7909)
David Schroeder (2239)
$381.738.00
$7.635.00
$7,635.00
$20,433.00
$409.00
$409.00
$1,000.000.00
$6,130.00
$123.00
$123.00
$1.000.000.00
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