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Home My WebLink AboutContract 58677CSC No. 58677 The State of Texas § County of Tarrant § RECITALS: ROADWAY AND CROSSING REHABILITATION AGREEMENT Know all men by these Presents: That FORT WORTH & WESTERN RAILROAD COMPANY, 6300 Ridglea Place, Suite 1200, Fort Worth, Texas 76116 (hereinafter called "FWWR" or "Railroad") and the CITY OF FORT WORTH, 200 Texas Street, Fort Worth, Texas 76102 (hereinafter called "City"), do hereby agree as follows: WHEREAS, FWWR is a rail carrier engaged in interstate commerce providing common carrier railroad transportation services by rail including within the City's city limits which crosses City's street network at various locations; and WHEREAS, City owns and maintains for public use a street network which crosses FWWR railroad tracks at various locations; and WHEREAS, FWWR and City desire to improve or rehabilitate the crossings from time to time; and WHEREAS, City desires to reconstruct and widen the roadway and crossing at Oak Grove Road, Mile Post 6.99, DOT 797685J, Tarrant County, Fort Worth, Texas (hereinafter called "Project"), as more particularly identified on the print hereto attached, marked Exhibit "A"; and WHEREAS, the Project will be completed per the plans as shown on Exhibit "B" attached hereto; and WHEREAS, City agrees to pay the costs of the Project and reimburse FWWR in the amounts specified in this agreement and as shown in Exhibit "C" attached hereto. NOW THEREFORE, in consideration of the premises and of the promises and conditions set forth in this agreement, the parties hereto agree as follows: FWWR & City of Fort Worth Roadway and Crossing Rehabilitation Agreement Oak Grove Road, MP 5.69, DOT# 797685J OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX AGREEMENT: The Railroad shall, subject to the reimbursement provided for in this agreement, furnish all labor, materials, equipment, flagging services and supervision for the Project at the above location ("FWWR Services"), City agrees to reimburse FWWR the entire cost of all FWWR Services, as depicted on Exhibit C, in the amount of Three Hundred Thirteen Thousand Five Hundred Ninety -Eight Dollars and 90/100 ($313,59$.90) ("City Reimbursement"). City also agrees to reimburse FWWR for FWWR Services costs in excess of City Reimbursement (the "Excess Costs"), if any, unless such Excess Costs are due to the cause of FWWR. Excess Costs which cause the City's total expenditure to exceed the City Reimbursement by One Hundred Thousand Dollars ($100,000) or greater will require additional City authorization before payment can be made. City also agrees to provide for the Project, at the City's sole expense, a Traffic Control Plan, the placement and removal of barricades as needed and all asphalt approach pavement work which shall be needed (collectively the "City Work"). City intends to self -perform the City Work. City is self -insured. Prior to beginning of work on the FWWR's right-of-way, City will provide FWWR a copy of the City's self -insured documentation. City's contractor(s) and subcontractor(s), if any, shall provide FWWR a certificate of insurance covering the below listed insurance coverage: Comprehensive General Liability Insurance — Amounts: Bodily Injury & Property Damage $2,000,000 each occurrence $2,000,000 Aggregate Products & Completed Operations $2,000,000 Aggregate Or Combined Single Limit $2,000,000 This insurance shall be kept in force until the work described in this contract on FW WR's right-of-way has been completed and accepted by the City of Fort Worth. FWWR shall be included as an "Additional Insured." A "Waiver of Subrogation Endorsement" in favor of FWWR shall be a part of each policy. The City's contractor(s) and subcontractor(s) shall be responsible for any deductibles stated in the policy(s). FWWR & City of Fort Worth Roadway and Crossing Rehabilitation Agreement Oak Grove Road, MP 5.69, DOT# 797685J No work is to be performed by the City, City's contractor(s) and subcontractor(s) until they have provided prior notification to FWWR's dispatch office (817) 731-1180 and the Director of Planning/Special Projects, at (817) 201-4450. FWWR shall not be liable to the City or the City's agents, or employees for any injury to person(s) regardless of cause or of any fault or negligence of FWWR, its agents or employees, occurring while they are performing services for or on behalf of the City, and the City does hereby release FWWR from any and all liability and causes of action with respect thereto. To the extent allowed by law, the City shall indemnify and hold harmless FWWR from any loss, damage, injury, death, liabilities, claims, fines, actions, costs or expenses whatsoever, including attorney's fees, which arises as a result of any and all actions of the City, City's employees or contractor(s)/subcontractor(s), whether such actions are intentional or not. The City agrees to have its contractor(s) or subcontractor(s), if any, abide by and comply with all applicable laws, statutes, rules, and regulations of any federal state, or municipal authority, or any other public body having jurisdiction, including without limitation, laws, ordinances and governmental regulations controlling air, water, noise, solid wastes and other pollution, and environmental damages, and to file all reports or statements required in connection with the conduct of its business in the conduct of its operations hereunder. The City will provide in its contract with its contractor(s) that the contractor(s) shall indemnify and hold harmless FWWR from any and all loss, cost or expense whatsoever, incurred by reason of any violation of such rules and regulations. If a contractor(s) is to do any work within or upon FWWR's right-of-way or any other FWWR property, then City shall require its contractor(s) to execute FWWR's form Temporary Right of Entry Agreement (hereinafter called -TROE"), City acknowledges such requirement and will inform its contractor(s) of the need to execute the TROE. Under no circumstance will City's contractor(s) be allowed onto FWWR's right-of-way or any other FWWR property without first executing the TROE and FWWR retains the right to remove any contractor who has not executed the TROE. It is further agreed that the execution of this Agreement shall not constitute a waiver by FWWR, with respect to third party claims asserted against the City and the City's contractor(s) and subcontractor(s), of any defense allowed by law. The terms of this Agreement and all rights and obligations hereunder shall be governed by the laws of the State of Texas. FWWR & City of Fort Worth 3 Roadway and Crossing Rehabilitation Agreement Oak Grove Road, MP 5.69, DOT# 797685J IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate on the date herein written. Executed this 6 day of Fort Worth & Western Railroad Company By: 44; - Kevin Erasmus, President & CEO V v r December 2022. City of Fort Worth Dana Burandoff By: D,, 3:«,nd,lr -;.-. : date Dec 6, 2022 Dana Burghdoff, Assistant City Manager ja° pda p~° `'-�d Ovo =So aaaeq lantt&Ho'.% CiGYY%G✓ i asaa` Jan 4, 2023 Attest: Jannette S. Goodall (Jan 4, 2023 08:40 CST) date City Secretary , Jannette S Goodwall (Seal) M&C 22-0732 Date 9/27/2022 APPROVAL RECOMMENDED: Dec 6, 2022 Date D. J. Harrell Development Services Director Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. _K-h,gZ�7aa Date Dec 1, 2022 Project Manager , Kral Jaafari RE, FWWR & City of Fort Worth 4 Roadway and Crossing Rehabilitation Agreement OFFICIAL RECORD Oak Grove Road, MP 5.69, DOT# 797685J CITY SECRETARY FT. WORTH, TX Approved as to Form �I Douglas W Black, Sr. Assistant City Attorney FWWR & City of Fort Worth Roadway and Crossing Rehabilitation Agreement Oak Grove Road, MP 5.69, DOT# 797685J Date Dec 5, 2022 Exhibit "A" FWWR & City of Fort Worth 6 Roadway and Crossing Rehabilitation Agreement Oak Grove Road, MP 5.69, DOT# 797685J Exhibit "B" loop � ` �!!�■■■■■■mom■�E■��i■I�f■■ ■:m�'�ar�R9C'rslS��SL"'1■��l�'� ■■■■■■■■■■■■■■■■■■■■ ��■■■■III■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■ ISBN aNaa FWWR & City of Fort Worth Roadway and Crossing Rehabilitation Agreement Oak Grove Road, MP 5.69, DOT# 797685J FWWR & City of Fort Worth 8 Roadway and Crossing Rehabilitation Agreement Oak Grove Road, MP 5.69, DOT# 797685J FWWR & City of Fort Worth g Roadway and Crossing Rehabilitation Agreement Oak Grove Road, MP 5.69, DOT# 797685J FWWR & City of Fort Worth 10 Roadway and Crossing Rehabilitation Agreement Oak Grove Road, MP 5.69, DOT# 797685J Exhibit "C" FWWR SERVICES COST ESTIMATE Oak Grove Road Crossing Rehabilitation Project Amount f WWR Project Cost (see attached City of Fort Wort Profect Cost detail) $44o844.17 Track Moif ication Cost (see attached Trac-Work, Inc, bid) 81,678,67 Signal Modification Cost (see attached CDt Electric Company, Inc, proposal) 81,076-06 Flagging Cost (If Flagging Cast is lessthan the Amount, the difference will be refunded tothe City.) $100,000,00 Total $313,598,901 FWWR & City of Fort Worth 11 Roadway and Crossing Rehabilitation Agreement Oak Grove Road, MP 5.69, DOT# 797685J City of Fort Wo Oak Grove Road Crossing ,. LABOR Personnel Date Units Rate Amount Oescription Bill Parker 9/1012019 1.00 265.68 $265.68 First ra6ewof plans for Oak Grove Widening project Bill Parker 10/1/2019 2.00 265.68 $531.36 On site meeting with developer to review the widening project Bill Parker 10J7/2019 LOB 265.68 $265,68 Send Roh Reiner Curve Specs Bill parker n15/20191 2.00 265.68 $531.36 On sitemeeting with COL & developer to discuss signals and their placement Bill Parker 11/22/2019 1.00 265.68 $265.68 Review preliminary COLproposed gate placement gill Parker 11/22/2019 2,00 265,68 5511.36 Meet at City Hall todi&cussOak GrvoeWidening Bill Parker 11125/2019 1.00 265.68 $265.68 Review CDlproposal Bill Parker 11/27/2019 1,00 265.68 $265.68 reply back to Maddie the set back requirements for the svAtch just west of Oak Grove Bill Parker 12/4/2019 2.00 265.68 $531.36 review sidewalk plan & required setback from the switch & the requirements for surface from sidewalk and street Bill Parker 12/6/2019 1.00 265.68 5265.68 review plans and Direct Developer to UPRR Doug Woods to get them involved, and review sidewalk plans for Tai Bill Parker 2/24/2020 1.OD 265.68 $265.69 Assisting contact betvreen developer a nd UPRR Bill Parker 4/29/2020 1.00 265.69 $265.68 Meeting to discuss traffic control and the traffic shi It and the signat placement Bill Parker 5/8/7020 1.00 26569 $265.68 review & comment of crossing l ayout from developer Bi 11 Parker 5/11/2020 1.00 265.69 $265.68 review & comment of crossing I ayout from developer. need to know exact reference point Bill Parker 5/11/2020 2.00 265.68 $531,36 Mptwith Maddie in the field to discuss the crossing reference point Bill Parker 5/12/2020 2.00 265.68 $531.36 Fina I review for the crossing layoutand reference poinLusing the switch point as reference. Also revi etr thee curbs and median with comments gill Parker 5/15/2020 1.o0 265.68 $265.68 review of revised traffic control plan Bill Farker 5120/2020 200 1 265.68 $531.36 review contractor training, utility and storm prints, comment Bill Parker 6/3/2020 3.00 265.68 $797.04 Preparing Scope for track contractor Bill Parker 6/5/2020 2.00 265A8 $531.36 Preparing line item sheet for contractor to return Bill Parker 6/17/2020 2M 265.68 553136 Pre,3id Meeting on -site with contractors BiP Parker 6/18/2020 2.00 265.69 $531.36 revise scope and bid SheeL reducing Wbi liMfion and having only onetrackoutage Hervey Ely 6/23/2020 2DO 288,19 $576.36 Creating FWWR Bid package for Contractors and Imailing bid package to mnuactors Bill Parker 6/24/2020 1,00 265,68 $265.68 Irmew and send revised signal plan to developer Bill Parker 6/25/2020 1.00 265.68 $265.68 Reviewcover sheet for signature block Bill Parker 716/2D20 4,00 265.68 $1,062.72 Reviewdevetoper plans pgs 11, 12, 30-32, 161-120 Bill Parker 7191202o 2.00 265.68 $531.36 Conference Call meeting to review project, discussed the path for FWWR to be compensated Bill Parker 7/22/2020 2.00 265.68 $531.36 Preparing FWWR Force Account estimate Bill Parker 7127120201 3.00 265.68 $79704 Preparing FWWR Force Account estimate CEO Estimated 10,00 313.15 $3,131.50 Oversi ght a no negoti ation of Agreement VP Operations Estimated 10.00 288.19 $2,881.9D Coordination and a pproval ofoperation outages Legal Counsel Estimated 20.00 383.9 $7,678.00 Agreement negotiation RAI Parker Estimated 30.00 265.68 $7,970.40 Project bid review, application assistance, project coordL nation, flagging set up, invoici ng review, project inspection and final closeout Bill Wood Estimated 17.00 288.19 1 $4,899,23 Project compliance coordination Bill Wood Estimated 5000.00 LS 55,000,00 Application fee, TROE fee, Agreement review and modification Adminastrative Estimated 2 45.00 $90A0 $O.0a Sub Total Labor $44,714,37 Total project Labor $44,714.37 Pence $129.80 Cost Total $44,M4.17 FWWR & City of Fort Worth Roadway and Crossing Rehabilitation Agreement Oak Grove Road, MP 5,69, DOT# 797685J T roject Cost EXPENSE Personnel Date units I Rate Amount Description Sill Parker 10/1/2019 24 U.55 $13.20 On site meeting with developer to review the widening project Bill Parker 11/5/2019 24 0.55 $13.20 On site meeting with CDL& developer to discuss signals and their placement Bill Parker 11/22/2019 20 0,55 $11A0 Meetat City Hall todiscuss Oak Grvoe Widening Bill Parker 5/11/2020 24 i 0.55 $13,20 Met with Maddie in the field to discuss the crossi ng reference point Bill Parker 6/17/2D20 24 0.55 $13,20 lPre,SId Meeting on -site with contractors Bill Parker Estimated 120 O55 565.0D Projects!!! reviews, i nspecoops, Bagging coordination, estimating 5 trips. Sub Total Expences 5129.80 12 Fr. Marrh Qftr Halrom CW, IX 76117 Phone (817) 834.4787 Fax (317) 834-4049 BU) # FIW-3482-2 January 17, 2022 Ate Mr- Bill Parker Fi r%rR 2495 E Long Ate. Ft_ Worth, TX 76106 RE: XIDEh OAK G OVERD. EVERI1LAN SUBDIVISION Dear Mr. Parker, Trac-Work, Inc. proposes to f mush all equipment mobilization. labor, supenision, materials, and instuance necessary to perform the following taxable railroad track crossing rehab on your railroad in Fort Worth, Temas. All repairs will be completed based on the scope of Hulk pun-ided by FWWR and Exhibit A pronided by Pacheco Koch BID # I- Oak Grove Rd. XIP. 6.99 Trac-Work, Inc_ proposes to install one 40-f6ot track panel and 32ft of concrete crossing Pads. • Prmi& 95 L.F of 112lb class 1 Iall. • Provide and install 2 nnv concrete boards on the west end to accommodate sidewalk and new road alignment. • Prm ide and install 5 my concrete boards on the east end for the proposed rd and side,laralk. • New concrete pads to fit 10' ties • Provide 10' ARZ%IA exade for the crossing_ sidewaIks and approaches- • Provide granite ballast for surfacing the crossing and 300' beyond each way of the Crossing- • TWI will replace the 8'6" ties west of the amating crossing with 10' ties (12 ties total)_ • TWI will ensure solid box anchoring through crossing, side°Ivalk and 120 ties beyond the crossing on the east end and from the crossing to the switch on the west end • Surfacing will be dune with a 6700 tamer. • Crossing will be completed on a weekend • TWI will weld all the joWs within the crossing limits including the comp joints an the east end tee rr ANOrR rr AMA.NE. rr R�e rjoINFA•BAl-ZAr rjej -r7if 1e W-* rt -UrWM LA JW. LA ( a p (?ffl- EMMA ev7z) x'J-ww A4nw" a A-AMAm ez ur A.4 K EWAB ISHn 19U YrwrW, L "NO" IN K—f..-V 43 (no MWAM Al" WN"U pal IW.EMPLOYEE-oWMM FWWR 8 City of Fort Worth 13 Roadway and Crossing Rehabilitation Agreement Oak Grove Road, MP 5.69, DOT# 797685J Page'_. Sid # MY-3482-1 Included is signal support from CDL to adjust island circuit on the east end of the crossing Remaining rail and OTM from emisting track - will be moved to Hodge Yard TWI will provide Roadway Worker protection for the trac ivork and signal work if needed Price for Sid 01 is as follows TOTAL PRICE FOR BID #1------ -- -S 87,673.67 Within_thh proposal we have not prodded for 1. The fix nishing of any material other than those listed ab(na and on the scope pro-Oded- 2. The relocation.. utility protection, adjustment and, or encasement of any utilities or fiber optics. 3. No bonds_ testing and or permits. 4. No monies for S %TPP. permits or silt fences. 5. No drainage design and, or engineering_ 6. Any work- not listed above. I. No maintenance after completion. S. No traffic control. 9. NO CONCRETE. ASPHALT RIIwiOVAL OR LNSTALLATION 10. No mm e)ing or engineering. 11. NO ROADWAY REPAIR. 12. NO ROADBASE INSTALLATION 13. All work to be done by the scope of work prm-ided by MVR. Thus bid is based on non -union labor and is good for Za days. Imvicm are due and pa)ible upon receipt. We appreciate the opporhauq, to submit this proposal and look: forward to working with you Should auuy questions arise_ please feel free to call Sincerely. Alonso Gallegos Area Manager FWWR & City of Fort Worth 14 Roadway and Crossing Rehabilitation Agreement Oak Grove Road, MP 5.69, DOT# 797685J ortoeor"Party many solutions CDLs Proposal Railroad Signal Division 13M N. VawrA Street, i , KS 66762 M. (624V'f 231-roao WffW.Cffl-th!Mxx0m PROK)SAl. Sl lAl►i1TTF.D TO: PHONE: DATE: Fart Worth ,Sr Wesre= Railroad (817) 2014450 December 222, 2021 STRUT JOIN NAME: 2495 Fast L ong .A enue Road Widening 110dific arias MY. STATE and ZIP CODE: JOB LCXCA'NON: Fart VJort1� TX 76416 Oak Grm-e Lid, Fort Worth, TX (797 695 J) CONTACT: JOB NUIMBEFL Bill Parker - wrpcarf w%,Y.net RCP- 1099 We hereby submit specifications and estimates for- RCP-1099 Oak Grose Road Widen= Modifications. Fort Worth, TX 797 685 CDL Electric propo-o-- to make modifications at the location listed, atone. Incbuded in this proposal is the material, Labor, and equipment to make all necessary modifications to accommodate a road widening project. After modifications are complete, the crossing will be tested and placed in senace. *'Vora- Phasing details included on page 4. Any cmmrhead or underground utilities that may iter£Pie with the installation or proper operation of the proposed work mast be relocated at the expense of othms. C.D-L Electric, Incorporated will not be responsible for any cost(.) associated with labor or material(s) regmred to relocate utilrtre5 at du location. If concrete, asphalt or any other type of rvadwaylw+alkwav material narst be rmosEd fir the proper installation and operation of the proposed signal, then additional charges may apply. CD.L- Ek4rhir, Incorporated will not be responsible for any cost(s) associated with labor or materials) to replace co=ete, asphalt or any aver type of roadway/walkway material remcm-ed drying the installation process of the proposed signal nntenal. We hereby propose to ftunish material and labor — complete in accordance with abal-re specifrrations, for the sum of 1076.06. The pnce breakdown is as £allows: Material- See Items on Material I= and Handling Charges: $26,267.06 Labor- Crew Mobihzxhaa, Crew instal, Office Support, Project Mgtnt.: $30,855.00 P.grupment- T-ick(s) with Trader(s), F--Nator $8,316-00 Tm-el Expenses- Per therm, Motels: $6,138.00 Engineering- ALS Drawings: $1-,500-00 Boring- Cor A t, Machine: MI)a� Total Selling Price: ean=ued on next page S81,076.06 FWWR & City of Fort Worth 15 Roadway and Crossing Rehabilitation Agreement Oak Grove Road, MP 5.69, DOT# 797685J Please Note the following: 1. Proposed Pridog is valid far Ninety (90) day% fmm the date of aus ?mpoxal, heyrJD4 90 days prices me smbjest la cYmwc 3. Proposed pricing is based on t.=W Sum 3. T=xs Net Duc 30 Dwji iron twmice US1e A. Tkis proposal may be wathdEawn by us if not amvpwd withm Ninety (90) days 5. C7vw labor will be paid per their slandrd psi wMa with orate when 4Vlicabk, and include standard ben fit package as vuthood in thew empiaree haoRuok 6. Piecing is baeod on cmw bring agmvW to work ,,ntmtrictcd kmws wyem days per week 7. tC tnftic cnutml For the public roadway, otticr than typical "Craw Worit>ag" type stiAgc is mandated by a thud pasty, them other dharga may apply I. %Iwo appbcabk, eua* autoaxsatic 'wing rM m aaiU be Tomwed and "asported io n,c ma nW row yud Aigh� S*uMe: �Av- Josh Shamhart VP, Railroad Construction Sen-wes jcaiz at>arrrhrrttigcd cIwt is mm (41?) 208--M2 All rrattrud s gurnted to he as qw died All work to he completed m a wrwku 6'e mamer accmdmg r madard ars_tLes Any al mom or do awn firm above Ttc diumns irnnlving exn cents will be exec W only upon %7mn orders end w 01 hetcme an extra zharse aaQ mad above the eamate All agwmeam emtngent upon str*ei atcidmb orddgs beyond osv ocntmi Owner m am fue pxnade and Mhe wcemL7 mwmtte fair workers ate fulh coveted by Workmm's Compma mi n hw amce Acceptance of Proposal — the abanre prices, specifications and conditions are satisfactory and are hereby accepted,. You are authonz3ed to do the work as specified Pzvnvnt Rill be made as outlined abrn-e. Date of Acceptance: Sig wum: Signature: FWWR & City of Fort Worth 16 Roadway and Crossing Rehabilitation Agreement Oak Grove Road, MP 5.69, DOT# 797685J fort WV*ft IL W*4T*rn R.N—d Oak 6rurr* RD" DOW 797 ER6 PHASE S2 MATERSAN II*n oftwpfim MaarTaLti M utr UM PALa P 2 Told EQUALIZER CONTROL SHELTER ALdam EA $A3.50 $87D0 ARRESTM CONTROL SHELTER Alslunr .s FA $37,70 $527.00 MISC, WIRING, CONTROL SHELTER LS 5779.62 $77%62 GATE ARM, HI SFRWING LIi -32- fi+J EA $5%.a8 SSS6.BB LIGHT KIT 4' LFr) NEG 1 EA " 80.66 j2BM66 FOUNOATK]N, STEEL WCH 2 EA 5776.66 $1,553.32 TRACK CONNECTORS FIUCO 2 FA $9.16 $lox RETAMERCLIP ERICO 2 EA 5431 AM BLE, U.G. SIGNAL, 7C/14 OKOIffTE 34C FT $11.68 53,97L.20 CABLE U.G_ SIGNAL 7CA OKOkmF 230 FT $14.Al 406-W U.G. SIGNAL SCIG OKOWE 22S FT $10.44 52,.349.00 CABLE, TRACK U.G., 2C/6 OKONITF 250 Fr $329 5972.50 PULL BOX 17R3030 CID 2 EA $479.00 00 SLEAGa.62 ITOTAL PURSE iY ENGI EERM6 ENGINEERING SERVICE, CIRCUIT PLANS, AIS DRAWIIW,.S L LS I $2.5MOD $,2,500.00 L_gSWAG OTAIL VE€ DWNSES. PER DIEM/LoOG91G 1 LS 53 r 4.00 t_0p $1564.06 ITOTAL EHICIEVEQUIPMENT L LS $4S2LW $4,521.00 OTAL BORE, 4" CONDUrr 200 I rr I $35.00 $7,000,p0 7 NKIO.Od OTAL PHASE 82 TOTAL 1 $51--'*4.lm PHASE 0 MATERIAL k* Deempam M*r ftlam r Q" UM PAL* PM TuW FL4:HFR ASSEMBLY, COMPLETE WHC 2 FA 54,S*L62 $5, 163.24 GATE ARM, HISTRWNG C& 1 FA $%6.88 5S%S8 LIGIFrKIT 4' LED NEG 1 FA S28a66 28Q66 FOUNDATION, STEEL WCH i FA $776.66 $776.66 $16.727,44 u VEL BW PER DIEM LODGWG 1 LS 74.00 4.OD S4S7449 ITOTAL V IQESESJEQUIPMEWr 1 LS 1 5,3,7%.00 $3,736.00 �1'IS.MI AL PHASE 43 TOTAL $nA71_44 PROTECT Ni mw TOTAL {p%m 2 l 3j $21.NI7Ni m FWWR & City of Fort Worth 17 Roadway and Crossing Rehabilitation Agreement Oafs Grave Road, MP 5.69, DOT# 797685J Fort Worth & Western Railroad Oak Grove Road Widening DOT 797685J Phasing Summary Phase 2 Scope of Work �r All 4" conduit will be installed at this time by means of trenching and/or boring. ■ 4" conduit will be installed from the west of the roadway into the north median. ■ 4" conduit will be installed from the west of the roadway to the east of the new roadway, south of the tracks. Foundations will be installed in their permanent locations in the north median and southeast quadrant. tr All signal cable will be installed at this time_ • 5c/6 & 7c/14 to the north median ■ 7c/6 & 7c/14 to the southwest gate ■ 5c/6 to the south median (stored in junction box for future use) The island circuit will be extended on the east side of the roadway. ■ 2cJ6track wire will be installed Terminal blocks and internal control shelter modifications will be completed. Gate #1 will be relocated to its temporary location in the north median_ • A new gate arm will be installed to accommodate for the extra length $ Gate #2 will be relocated to its permanent location in the southeast quadrant - Controller will be recalibrated for the new island configuration. Crossing will be tested and placed in service. Phase 3 LrM of Work ,: Gate #1 will be relocated to its original and permanent location. 4' A foundation will be installed in the south median. $ New flasher mast assemblies will be installed in both medians. 4- A new gate arm will be installed on Gate #2 to accommodate for the extra lane_ 4o Crossing will be tested and placed in service_ FWWR & City of Fort Worth 18 Roadway and Crossing Rehabilitation Agreement Oak Grove Road, MP 5.69, DOT# 797685J M&C Review Page 1 of 3 CITY COUNCIL AGENDA Create New From This M&C DATE: 9/27/2022 X91A 0 REFERENCE NO.: �174 **M&C 22- 0732 CONSENT Official site of the City of Fort Worth, Texas FORTIVORTII LOG NAME: 062022 OAK GROVE RD APPROPRIATION PUBLIC NO HEARING: SUBJECT: (CD 8) Authorize Execution of a Roadway and Crossing Rehabilitation Agreement with the Fort Worth & Western Railroad in the Amount of $313,598.90 for the Oak Grove Road North of Joel East Project, Amend the Fiscal Years 2022-2026 Capital Improvements Program, and Adopt Appropriation Ordinances RECOMMENDATION: It is recommended that the City Council; 1. Authorize execution of a Roadway and Crossing Rehabilitation Agreement with the Fort Worth & Western Railroad in the estimated amount of $313,598.90 for the Oak Grove Road North of Joel East project.(City Project No.101902); 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Developer Contribution Fund in the amount of $257,882.00, from available funds, for the purpose of funding the Community Facilities Agreement -Oak Grove Road North of Joel East project (City Project No.101902); 3. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the CFA Developer Fund in the amount of $93,394.00, by increasing estimated receipts and appropriations in the Community Facilities Agreeement-Oak Grove Road North of Joel East project (City Project No.101902), and decreasing estimated receipts and appropriations in the CFA Bucket programmable project (City Project No. P00001) by the same amount; and 4. Amend the Fiscal Years 2022-2026 Capital Improvements Program. 117k-T44I MAC97kia The purpose of this Mayor and Council Communication (M&C) is to authorize execution of a railroad crossing agreement and adopt the attached appropriation ordinances to allocate funding to the Oak Grove Road from Altamesa Blvd to Joel East Road project (City Project No.101902). On April 17, 2018, by Mayor & Council Communication M&C C-28660, the City Council authorized execution of a Community Facilities Agreement (CFA) with Rob Riner Companies GP, LLC, (Developer) in the amount of $2,487,274.00, which includes City participation in an amount not to exceed $2,100,000.00 to construct Oak Grove Road from Alta Mesa Boulevard to Joel East Road, which includes adding lanes across existing railroad right-of-way (City Project No.101902). On July 21, 2022, the City executed a Developer Funding Agreement for the Railroad Crossing at Oak Grove Road improvements with the Developer in which the Developer contributed $257,881.90 toward the cost of the railroad crossing upgrades at the existing Union Pacific Railroad (UPRR) tracks, which have been leased to the Fort Worth & Western Railroad (FWWR) for its use. This M&C authorizes execution of the railroad crossing agreement with the FWWR, which has a controlling interest in the right-of-way. The balance, in the amount of $100,000.00, is funded by the City. Union Pacific Railroad (UPRR), has agreed to the improvements and the City has negotiated a license agreement in the amount of $44,283.00. The City earmarked $100,000.00 as part of the $2,100,000.00 City participation to be applied towards the railroad crossing permit and improvement work within railroad right of way, as reflected in CFA http://apps.cfwnet.org/council_packet/mc_review.asp?ID=3 0286&councildate=9/27/2O22 10/3/2022 M&C Review Page 2 of 3 7 Iii1:1MR1S1SFOM The table below summarizes the funding for the CFA-Oak Grove Rd N of Joel East project: CFA-Oak Grove Rd N of Joel East (CPN 101902) 1 Fund Existing Budget Change Project Funding (Increase/Decrease) Funding Total 30104 $0.00 $257,881.90 $257,881.90 Developer Contribution 30108 $2,100,000.00 $0.00 $2,100,000.00 Transportation Impact Fee Cap 30114 CFA $93,394.00 $0.00 $93,394.00 Developer Project To 1$2,193,394.001L$257,881.90 $2,451,275.90 The action in this M&C will amend the Fiscal Year 2022 Adopted Budget as approved in connection with Ordinance 25073-09-2021, Section 6. Capital Improvements as listed on page 23. Revised Capital Project FY2022 CIP Authority Budget FY2022 Fund Name Name Appropriations Adjustment Budget 30114- Community P00001- Facilities CFA $7,100,000.00 This M&C ($93,394.00) $7,006,606.00 Agreement Bucket Fund Funding is available in the Developer Contribution and Transportation Impact Fee Cap Funds for the CFA-Oak Grove Rd N of Joel East project. Approval of Recommendation 3 will adjust appropriations between a programmable project and convert the CFA-Oak Grove Rd N of Joel East project into a static capital project. This action is needed as future funding for this project is anticipated from other funding sources and the scope of this project differs from that of the current programmable project. This project is located in COUNCIL DISTRICT 8. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are currently available in the CFA-Oak Grove Rd N of Joel Eas project within the Developer Contribution Fund and in the Unspecified -All Funds project within the Transportation Impact Fee Cap Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the Transportation Impact Fee Cap and Developer Contribution Funds for the CFA-Oak Grove Rd N of Joel Eas project. Prior to an expenditure being incurred, the Transportation and Public Works Department has the responsibility of verifying the availability of funds. TO Fund Department Account Project Program I Activity Budget I Reference # Amount ID ID Year Chartfield 2 http://apps. cfwnet.org/council_packet/mc_review. asp?ID=3 0286&councildate=9/27/2022 10/3/2022 M&C Review Page 3 of 3 Fund I Department Account Project Program Activity Budget ID ID Year Submitted for City Manager's Office by: Dana Burghdoff (8018) Originating Department Head: D.J. Harrell (8032) 4dditional Information Contact: Reference # Amount Chartfield 2) ATTACHMENTS 062022 Oak Grove Rd Appropriation.dou (CFW Internal) 062022 OAK GROVE RD APPROPRIATION - FID TABLE1 9.1.22.XLSX (CFW Internal) Location Map M & C Log 062022 OAK GROVE RD APPROPRIATION.pdf (Public) ORD.APP062022 OAK GROVE RD APPROPRIATION 30104 A022(Q.docx (Public) ORD.APP062022 OAK GROVE RD APPROPRIATION 30114 A022(r4).docx (Public) http://apps.cfwnet.org/council_packet/mc_review. asp?ID=3 0286&councildate=9/27/2O22 10/3/2022