Discussion and possible action to approve a Temporary Occupancy Permit with the BNSF Railway Company for construction of improvements associated with the City’s Grand Avenue Wrought Iron Fence Capital Improvement Program project, in accordance with budget authority previously approved by Council.

The City’s FY2024-FY2033 Capital Improvement Program (CIP) includes funding for the construction of improvements to enhance the existing barrier fence and landscaping located along the north side of Grand Avenue between 83rd Avenue and 88th Avenue. 

In 2013, the City installed a wrought iron fence and landscaping along Grand Avenue and the BNSF railroad between 83rd Avenue and 88th Avenue. The purpose was to improve the aesthetics along Grand Avenue as well as to provide a barrier to prevent student and other pedestrian crossings at this location.  Unfortunately, while successful in discouraging many, crossings at this location have continued with pedestrians being observed crawling under or climbing over the fence.

Due to safety concerns, the City developed this CIP project to enhance the existing barrier fence and landscaping. The work will be conducted along the north side of Grand Avenue and the BNSF railroad right-of-way extending from 83rd Avenue to approximately 88th Avenue. The project will install approximately 4,000 linear feet of concrete barrier underneath the fence to prevent crossing under it and the addition of barrier landscaping improvements to prevent climbing over or damaging the fence.

In order to complete this work, a Temporary Occupancy Permit with BNSF Railroad is required.  The permit allows the City’s contractor to access the railroad’s right-of-way and grants access to the area subject to specific provisions primarily related to safety and railroad security. The permit is valid for a period of six months from the date of full execution.  Some of the terms of the Temporary Occupancy Permit are as follows:

• BNSF has been involved with and encouraging this project to enhance student safety and as such, BNSF will waive permitting fees, resulting in a significant cost savings for the project.
• Because the project was designed for all work to occur on the Grand Avenue side of the existing wrought iron fence, BNSF will not require the use of BNSF flaggers or inspectors, resulting in a significant cost savings for the project.
• Use of the BNSF right-of-way is for the construction of improvements related to the City’s Grand Avenue Wrought Iron Fence CIP project only.
• The City will procure additional railroad liability insurance currently estimated at $3,175.
• The City will maintain a copy of the Temporary Occupancy Permit on-site at all times during construction.
• All workers and other personnel entering the site during construction will complete BNSF contractor’s Safety Orientation program. The Licensee must ensure that every employee of Licensee, its contractors, agents and invitees possess a card certifying completion of the Safety Orientation prior to entering upon the Premises.

Construction is anticipated to be completed by spring 2024.

On January 3, 2012, City Council approved an Intergovernmental Agreement with Arizona Department of Transportation to install and maintain the steel post fencing and landscaping along Grand Avenue between 83rd Avenue and 88th Avenue.

There is no cost for the Temporary Occupancy Permit.  BNSF Railway Company does require the City to purchase Railroad Protective Liability Insurance estimated at $3,175. Funding for this is available in the CIP budget for the Grand Avenue Wrought Iron Fence project (EN00728).