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HomeMy WebLinkAboutItem 21 - Pre-Emption EquipmentMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: NOVEMBER 1, 2022 SUBJECT: INTERLOCAL AGREEMENT FOR MAIN STREET RAIL CROSSING IMPROVEMENTS AND APPROPRIATE FUNDING RECOMMENDATION: City Council to consider approving an Interlocal Agreement with Trinity Metro for improvements to the pre-emption equipment at the Main Street Rail Crossing and an ordinance appropriating funds. FUNDING SOURCE: Upon approval, additional funds will be available in the Capital Project Street fund in the estimated amount of $30,500. BACKGROUND: During last year's holiday season, staff observed some issues with vehicle traffic on Main Street interfering with the TEXRail train crossing. As such, we are recommending the installation of a pre-emption circuit with TEXRail for the traffic signals at Main Street and Hudgins Street and Main Street and Dallas Road. The proposed improvement will sense an inbound train and activate the traffic signals to either clear or hold Main Street traffic to allow for the rail crossing to be unobstructed when the gate arms are activated. Trinity Metro has submitted a quote and scope of work from Herzog Technologies, Inc. for the labor, equipment, and materials to wire the necessary relays in the Main Street bungalow and complete the required testing for pre-emption at the Main Street railroad crossing. The amount of the quote from Herzog for the work is $23,499.02 (rounded to $24,000). The City is responsible for the fiber connection between Hudgins Street and Dallas Road back to the Main Street bungalow. The additional $6,500 will cover City expenses. Trinity Metro is responsible for the improvements along the rail line and this ILA will allow Trinity Metro to have the work completed and the City to reimburse Trinity Metro for the costs. Staff recommends approval. GRA VI E ILA with Trinity Metro T "'' x " s for Main Street Rail Crossing °<•� w�� Prepared for City Council meeting on Tuesday, October 18th, 2022 = Ar - t i r u USiF eet 0 25 50 100 - a 1 Crossing Signal House' t< 1® W r ORDINANCE NO. 2022-083 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE APPROPRIATION OF $30,500.00 IN THE CAPITAL PROJECT STREETS FUND; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Grapevine desires to enter into an Interlocal Agreement with Trinity Metro for labor, equipment and materials pre-emption of the Main Street Crossing; and WHEREAS, funding is available in the Capital Projects Streets Fund; and WHEREAS, all constitutional and statutory prerequisites for the approval of this ordinance have been met, including but not limited to the Open Meetings Act and Chapter 211 of the Local Government Code; and WHEREAS, the City Council deems the adoption of this ordinance to be in the best interests of the health, safety, and welfare of the public. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. That the City Council hereby authorizes $30,500.00 be appropriated from the Capital Projects Streets Fund for the pre-emption of the Main Street Grapevine Crossing. Section 3. That a copy of the revised FY 2022-2023 Capital Improvements Plan budget document shall be kept on file in the office of the City Secretary and on the City of Grapevine website. Section 4. That the terms and provisions of this ordinance shall be deemed to be severable, and that if the validity of any section, subsection, word, sentence or phrase shall be held to be invalid, it shall not affect the remaining part of this ordinance. Section 5. That the fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 18th day of October, 2022. APPROVED: William D. Tate Mayor ATTEST: Tara Brooks City Secretary APPROVED AS TO FORM: Matthew C.G. Boyle City Attorney Ordinance No. 2022-083 2 INTERLOCAL AGREEMENT Between the Trinity Metro and the City of Grapevine for Main Street Rail Crossing Improvements This Interlocal Agreement (hereinafter the "Agreement") is entered into by and between the Fort Worth Transportation Authority dba TRINITY METRO (hereinafter "Trinity Metro", a regional political subdivision of the State of Texas, and the CITY OF GRAPEVINE (hereinafter "Grapevine"), a home rule municipal corporation and political subdivision of the State of Texas. Trinity Metro and Grapevine are referred to herein as individually as a "Party" and collectively as the "Parties." RECITALS WHEREAS, Grapevine desires to have improvements made to the Main Street rail crossing; and WHEREAS, Trinity Metro is responsible for improvements along the rail line; and WHEREAS, Grapevine and Trinity Metro mutually desire improvements to the Main Street rail crossing; and WHEREAS, Trinity Metro has received a quote and scope of work from Herzog Technologies, Inc. (Herzog) for the improvements; and WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, as amended, authorizes governmental entities to enter into interlocal cooperation agreements for administrative and governmental functions and services; and WHEREAS, the Parties agree that Trinity Metro shall make payment to Herzog for the services and Grapevine shall reimburse Trinity Metro. NOW, THEREFORE, for and in consideration of the performance of the mutual covenants, obligations, and undertakings of and by each of the Parties to this Agreement, Grapevine and Trinity Metro agree as follows: PURPOSE AND SCOPE 1.1 The purpose of this Agreement is to memorialize the Parties' mutual agreement of services to be provided by Herzog consisting labor, equipment and materials to wire the necessary relays in the Main Street bungalow and provide the required testing for the pre- emption of the Main Street rail crossing and Grapevine will provide the cable and fiber connection between Hudgins Street and Dallas Road and the Main Street bungalow. Page 1 II. RESPONSIBILITIES OF THE PARTIES; COST APPORTIONMENT 2.1 Compensation: Trinity Metro shall make payment to Herzog and be reimbursed by Grapevine in an estimated amount of $24,000. Trinity Metro shall provide Grapevine with an invoice and documentation of payment to Herzog. Reimbursement shall be made within sixty (60) days of receipt of invoice. III. DISPUTE RESOLUTION; MEDIATION The Parties will attempt to resolve disputes relating to this Agreement in the following manner. (i) first the Parties will meet to attempt resolution; (ii) if no resolution is achieved, the dispute will be heard at a meeting of each Parties' City Manager or designee; (iii) if no resolution is achieved after the dispute is heard by the designated Parties designees, then the dispute will be heard by an independent mediator; and (iv) if no resolution is achieved after mediation, then either Party may file a lawsuit in an appropriate court in Tarrant County. IV. TERM & TERMINATION 4.1 Term: This Agreement shall effective on the date shown below and shall remain in effect until terminated as provided below. 4.2 Termination: This Agreement may be terminated upon any one or more of the following events: (a) Completion and acceptance of Main Street rail crossing; or (b) by written mutual agreement of both Parties; or (c) by either Party, upon thirty (30) days written notice to the other Party. V. NOTICES Any notices or other communication, including invoices, required or allowed to be given by one party to the other pursuant to this Agreement shall be sent either by personal delivery or by United States Postal Service, proper postage affixed, addressed as shown below: Page 2 Chad Edwards Vice President of Planning & Development Trinity Metro 801 Grove Street Fort Worth, Texas 76102 VI. Bruno Rumbelow City Manager City of Grapevine 200 S. Main St. Grapevine, Texas 76051 GOVERNING LAW AND VENUE This Agreement shall be governed by and interpreted in accordance with the laws of the State of Texas. This Agreement is entered into and is to be performed, wholly or in part, in the State of Texas and in Tarrant County, Texas. In any action brought under the Agreement, venue shall be in Tarrant County, Texas. EXECUTED THIS DAY OF Trinity Metro By: Chad Edwards Vice President of Planning and Development ATTEST: CITY OF GRAPEVINE By: Bruno Rumbelow City Manager ATTEST: By: Tara Brooks City Secretary 2022. Page 3