Title
Agreement with BNSF Railway for Safety Improvements at Two BNSF Railroad Crossings (Ordinance S-50182)
Description
Request authorization for the City Manager, or his designee, to enter into an Agreement with BNSF Railway for the City to design and construct safety improvements at two intersections with BNSF railroad crossings: 43rd Avenue and Camelback Road, and 19th Avenue and McDowell Road. Further request the City Council to grant an exception pursuant to Phoenix City Code section 42-20 to authorize indemnification and assumption of liability provisions that otherwise would be prohibited by Phoenix City Code section 42-18. Further request the City Controller to disburse all funds related to this item.
Report
Summary
The project will upgrade two large railroad crossings to provide medians and gate arms to prevent vehicles from stopping on the tracks when a train is approaching the crossing. These crossings are not currently protected by gate arms; they only have cantilever signals. This creates a situation where cars and trucks routinely stop on the tracks while waiting for the traffic signal to change, leading to collisions along the tracks. This project has a mutual benefit for both BNSF Railway and the City by utilizing both technology and modifications to the right-of-way to improve safety. The project was awarded FY2021 Consolidated Rail Infrastructure and Safety Improvements grant program funds by the Federal Railroad Administration (FRA).
Contract Term
The agreement will be effective on the date it is executed by all the governing organizations and shall remain in effect until all stipulations previously indicated have been satisfied.
Financial Impact
The City will reimburse the actual costs and expenses that BNSF Railway incurs in performing their work related to the project in an amount not to exceed $100,000. The total cost of the project including design, construction, and administration is $10,120,937. The FRA-awarded grant will contribute up to 70 percent of the total project cost, not to exceed $7,084,656. The non-federal contribution is comprised of local match funds available in the Street Transportation Department’s Capital Improvement Program budget valued at $3,036,281. Any additional expenses required beyond that provided in the Agreement to complete the project will be the funded by the City of Phoenix.
Location
43rd Avenue and Camelback Road, and 19th Avenue and McDowell Road.
Council Districts: 4, 5 and 7
Department
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Street Transportation Department.