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HomeMy WebLinkAboutRES 03-073 RESOLUTION NO. 03-073 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an agreement with Burlington Northern and Santa Fe Railway and the Texas Department of Transportation to permanently close railroad crossings on Long Street at Oakland, Center, Forrest and Stephenson Streets, said agreement is substantially in the form attached hereto as Exhibit "A." PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of April, 2003. - *or Evelyn M. Lord - Jefferson Countv CSJ: 5800-00-001 Project: STP 98(532)RXH Railroad Crossing Consolidations: DOT No.023 687K—Oakland Street 02 3689Y—Center Street, 023 690T—Forrest Street, Unassigned#-Stephenson Street in Beaumont THE STATE OF TEXAS § Contract Number THE COUNTY OF TRAVIS § TEXAS DEPARTMENT OF TRANSPORTATION HIGHWAY-RAILROAD GRADE CROSSING CONSOLIDATION AND CLOSURE AGREEMENT FOR FEDERAL AID PROJECTS THIS AGREEMENT, made and.entered into on the date hereinafter shown as being fully executed, by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the State, and the City of Beaumont, hereinafter called the Municipality, and The Burlington Northern and Santa Fe Railway Company, a corporation, hereinafter called the Railroad. WITNESSETH WHEREAS, pursuant to the Highway Safety Act of 1973, the State is charged with the responsibility of prioritizing grade crossing safety improvements for public highway-railroad grade crossings in the State of Texas using federal funds; and, WHEREAS, Chapter 471 of the Texas Transportation Code invests the State with certain powers and duties relating to highway-railroad grade crossings and other matters relating to railroads and their operations; and, WHEREAS, in the interest of public safety, the State, the Municipality, and the Railroad propose to consolidate and close existing redundant, non-essential highway-railroad grade crossing(s), and make other operational or safety improvements to facilitate the elimination of safety hazards at highway- railroad grade crossings at selected locations. NOW, THEREFORE, in consideration of the premises and the mutual undertakings as herein set forth, the parties hereto agree as follows. AGREEMENT Article 1. Scope, of Work. The State, Municipality and Railroad agree to the permanent closure and vacation of existing railroad grade crossings, and to make other operational or safety improvements to facilitate the closure of said existing railroad grade crossings as shown on the Exhibit"A", as attached hereto and made a part hereof. Article 2. Maximum Amount Payable. The State's maximum amount payable under this contract shall not exceed the availability of appropriated federal funds for the project for the fiscal year in which work Crossing Closure Agreement Page 1 of 5 )2/05/03 EXHIBIT "A" is performed. The State shall advise the Railroad and Municipality of the availability of funds. In any event. the State's maximum amount payable to the Municipality for the permanent closure of each existing highway-railroad grade crossing shall not exceed $7,500 for each crossing closed, contingent on the Railroad providing matching funds equal to or exceeding the State's cost participation. Article 3. Agreement Not a Waiver. The Railroad's agreement to perform the work included in Attachment "1" as attached hereto and made a part hereof does not constitute a waiver by the Railroad to any rights of ownership currently vested in the Railroad. Article 4. Plans, Specifications and Estimates. The State has prepared Attachment"1",listing the work to be performed. The Municipality shall furnish the State a detailed estimate with an itemized listing of material, including the number of units and unit cost. The State and Railroad shall review and approve the estimate. The State has prepared Attachment "2", Summary of Costs, as attached hereto and made a part hereof. All traffic control devices installed herein shall comply with the latest edition of the Texas Manual on Uniform Traffic Control Devices for Streets and Highways. Article 5. Performance of Work. The Municipality agrees to perform the roadway work as shown on Exhibit "A". The Railroad is solely responsible for removal of the existing crossing surface and warning devices on Railroad right-of-way and making any changes or alterations in the tracks, wire lines, drainage, or other Railroad owned facilities located in the crossing right of way and as shown, or as otherwise shown, on Exhibit"A". Article 6. Work Orders. In lieu of a Work Order, the Railroad shall coordinate with the State and/or the Municipality to begin work at each location and will provide the construction stakes and elevations as required. If an emergency arises and any party to this agreement is unable to begin work as agreed upon, that party shall notify the other parties in a timely manner. Article 7. Suspension of Work. If the Municipality and/or Railroad find it necessary to suspend work on the project for any reason, it shall notify the State of the date work was suspended and the date work on the project is to be resumed. The Municipality and/or Railroad must notify the State when work is resumed. Article 8. Materials. The Railroad and/or Municipality may purchase materials upon receipt of written authority to assemble materials from the State. All materials assembled for this project must comply with the specifications included in Attachment"I" Article 9. Amendments. No changes, revisions, amendments or alterations in the terms of this agreement, including exhibits and attachments hereto, shall be made unless a written amendment is agreed to by the State, Municipality, and Railroad. Article 10. Compliance with Laws. As applicable, the State, Municipality, and Railroad and all contractors shall be required to comply with all federal and state laws, statutes, rules and regulations, together with all lawful local ordinances, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this contract, including without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations including 49 CFR 21 and 23 CFR 710.405 and Executive Order 11246, licensing laws and regulations and all relevant provisions of the Federal-Aid Policy Guide, issued by the Federal Highway Administration on December 9, 1991 and amendments thereto except as Crossing Closure Agreement Page 2 of 5 02/05/03 modified by the provisions herein, including requirements of 23 CFR 646 (Railroad-Highway Projects), all included herein by reference. The parties shall comply with any other requirements or directives included as Exhibit C, Related Documents. No party to this contract will award any contract to any party that has been debarred, suspended, or is otherwise ineligible for participation in federal assistance programs under Executive Order 12549 "Debarment and Suspension". When required, the Municipality and/or Railroad will furnish the State with satisfactory proof of compliance therewith. The parties to this . agreement will comply with the Cost Principles stated in the Federal Acquisition Regulations (FAR Part 31) which require all project costs to be allowable, reasonable and allocable to the project, and with Disadvantaged Business Enterprise Program requirements in 48 CFR Part 23 which require that minorities will affirmatively be provided reasonable opportunity to provide goods and services for the project. The Municipality agrees to enact and pass the necessary ordinance, order, or administrative instrument necessary to permit the permanent closure and vacation of the highway-railroad grade crossing(s) as listed on the attached Attachment 2. Said ordinance, order, or administrative instrument shall be attached hereto as Attachment 3, Related Documents. Article 11. Payment. The State and Railroad agree to reimburse the Municipality in accordance with the cost participation as shown in Attachment 2, Summary of Costs. The Railroad's cost participation shall be directly billed by and paid to the Municipality. The State and Railroad will reimburse the Municipality no later than thirty (30) days after receiving properly prepared invoices. A. Basis of Payment. Reimbursement by the State to the Municipality is based upon actual costs, not to exceed $7,500 for each highway-railroad grade crossing closed, and in accordance with Article 2. Maximum Amount Payable. B. Final Billings. After all work has been completed in accordance with the specifications included in Exhibit A, the Municipality shall notify the State in writing of the date all work was completed. Following final inspection and certification of project completion by the State, the Municipality shall submit a complete and final bill to the State within 120 days thereafter. The final bill shall refer to the project number, project control number (C-S-J), specify the project location and include, itemized listings of material, including the number of units and unit cost and the total amount due the Municipality based on the cost of the project. The State shall pay the Municipality within 45 days of receipt of the final bill. The Municipality shall submit only one final bill for reimbursement by the State. After final payment and audit by the State, no supplemental final bill or reimbursement for any other costs shall be submitted by the Municipality or Railroad for reimbursement by the State. Article 12. Records. The State, the Municipality, and the Railroad shall maintain books, documents, papers, accounting records, and other evidence pertaining to costs incurred and work performed hereunder and shall make such materials available at their offices during the contract period and for three years from the date of final payment. The records shall be made available to representatives from the State or U. S. Department of Transportation, including the Office of Inspector General, for the purpose of making audits, inspections, transcriptions, or excerpts. Article 13. Maintenance. The Municipality shall own and maintain any barricades, fences or other facilities not located on Railroad right-of-way as installed, and in accordance with the project design as shown in Exhibit"A". Article 14. Termination. This agreement is effective as of the last date of execution by the Railroad, the Municipality, and the State and shall continue in effect thereafter until terminated as provided for in this Crossing Closure Agreement Page 3 of 5 02/05/03 article. This agreement may be terminated in whole or in part by either the State, the Municipality, or the Railroad as follows: A. By mutual consent and agreement of the parties hereto; B. By the State for reasons of its own and not subject to the mutual consent of the Municipality and Railroad, upon not less than thirty days written notice to the Municipality and Railroad; C. By the State if federal funds are no longer available to fund the warning devices at the grade crossings; D. By the Railroad if the grade crossings identified in Attachment "2"cease to belong to it or cease to operate trains across the intersection; E. By the State giving notice in writing to the Municipality and/or Railroad as a consequence of failure by the Municipality and/or Railroad to perform the work authorized herein in accordance with the terms, conditions, or required items of work, with proper allowances being made for circumstances beyond the control of the Municipality and/or Railroad and after providing at least thirty days notice for the Municipality and/or Railroad to remedy the noncompliance; Should this agreement be terminated for any reason(s) specified above, the Municipality shall compensate the Railroad for the reasonable value of services and work satisfactorily performed up to the date of termination, and in accordance with Article 10. Compliance with Laws. Article 15. Signatory Warranty. Each signatory to this agreement certifies that he has the authority to enter into this agreement on behalf of his organization. Crossing Closure Agreement Page 4 of 5 02/05/03 IN WITNESS WHEREOF, the State, the Municipality, and the Railroad have executed triplicate counterparts of this agreement. THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the Texas Transportation Commission under the authority of Minute Order 100002. By Date Carlos A. Lopez, P. E.,Director,Traffic Operations Division THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY By Date Timothy J. Huya, Manager Public Projects THE CITY OF BEAUMONT By Date Kyle Hayes, City Manager Notices: For the purposes of this agreement, all notices, correspondence, billings, and other documentation shall be mailed to the following addresses: For the State of Texas For BNSF Railway Co. For City of Beaumont Railroad Section Director Manager Public Projects Tom Warner,P.E. Texas Department of Transportation BNSF Railway Co. Director Public Works Traffic Operations Division(TRF-RR) 5800 North Main Street City of Beaumont 125 E. 11th Street Fort Worth,TX 76179 P.O:Box 3827 Austin,TX 78701-2483 Beaumont,TX 77704 Crossing Closure Agreement Page 5 of 5 02/05/03 Jefferson County CSJ 0920-38-160 Project STP 98(532)RXH Oakland Street -DOT No.023 687K Center Street—DOT No. 023 689Y Forrest Street—DOT No.023 690T Stephenson Street—DOT No. unassigned crossing closure, in Beaumont Scope of Work: 1) City of Beaumont to permanently close and vacate the Oakland Street(DOT No. 023 687K)at-grade crossing. 2) City of Beaumont to permanently close and vacate the Center Street(DOT No. 023 689Y)at-grade crossing. 3) City of Beaumont to permanently close and vacate the Forrest Street (DOT No. 023 690T)at-grade crossing. 4) City of Beaumont to permanently close and vacate the Stephenson Street(DOT No. Unassigned) at- grade crossing. 5) City of Beaumont to install a six-inch(6") raised asphalt curb that will be located two (2)to three (3) feet outside each rail of BNSF's tracks.The curb will be continuous from Martin Luther King Parkway to Magnolia Street,with a break to allow vehicle crossings only at Ewing Street. 6) City of Beaumont will complete the Long Street pavement rehabilitation to allow one-way travel on Long Street on the north and south side of the tracks. Signing and pavement marking improvements will be implemented as needed to complete the project. 7) BNSF to donate$40,000 to City of Beaumont in consideration of the closure of 4 Public streets. 8) Texas Department of Transportation (TXDOT) to provide up to a maximum of$7,500 per crossing closure for a total of$30,000 to the City of Beaumont to be used towards the necessary roadway improvements indicated on the detailed Attachment"2" - Cost Estimate. ATTACHMENT 1 TEXAS DEPARTMENT OF TRANSPORTATION SUMMARY OF ESTIMATED COST -- 1998 FEDERAL RAILROAD SIGNAL PROGRAIVI February 27,2003 Jefferson County CSJ.0920-38-160 Project STP 98(532)RXH Oakland Street -DOT No. 023 687K Center Street—DOT No. 023 689Y Forrest Street—DOT No. 023 690T Stephenson Street—DOT No. unassigned crossing closures, in Fort North 1. Participation and Cost Estimate by the City of Beaumont Permanently close and vacate the Oakland Street(DOT No. 023 687K), Center Street(DOT No. 023 689Y), Forrest Street—DOT No. 023 690T, and Stephenson Street(DOT No. unassigned) at-grade crossings. Install 6-inch raised curb on north and south sides of railroad tracks. Complete Long Street pavement rehabilitation, including necessary pavement markings and signage. Preliminary cost estimate is $130,000 to be reimbursed by the Railroad and State as shown below. 2. Participation and Cost Estimate by Burlington Northern & Santa Fe Railway Provide labor and equipment to remove crossing surfaces, signs, and devices. BNSF will pay $40,000 to City of Beaumont in consideration of the 4 public closures upon receipt of an invoice. 3. Participation and Cost Estimate by Texas Department of Transportation Reimburse the City of Beaumont $30,000.00 for construction of roadway improvements along Long Street. SUMMARY: City Cost Participation $60,000.00 BNSF Railroad Cost Participation $40,000.00 State Cost Participation (100%Federal funds) $30,000.00 TOTAL ESTIMATED PROJECT COST $ 130,000.00 Approved: Darin K. Kosmak Railroad Section Director Traffic Operations Division Attachment 2 (ROOK O J-3: 1\ o RTHU a-E = N m LEIGH7 m O MARTIN IVES yPZ 'F� X HILL Pin.kneel P N u Au g A EARL w i v O O S m N N I, COUSIN flIMROS c PANG ONE v w i -- Cana! 3____ —___POe>` 023685W, Gulf Street, RRMP: 0.15 FLS ICA RM °Y <� �P 023686D, MLKNIParkway, RRMP: 0.23 F/G/C N LL i.. ELAWAR > �t JEEP 7R� CAROLI E G SSHOU E ¢ P9 BEA-T�E Et CLOSE - 023687K Oakland Street RRMP: 0.30 X-13 / EOE aPJO ,rSuuthTexaaSlm Fairground MMO 023688S Ewinq Street RRMP: 0.37, (X-13) D / m / ,- OOD O BRICKYARD 2 9� ELLS IG CLOSE - 023689Y Center Street RRMP: 0.44 X-B � N 4r > ^` ZROM > 0 0� C 9� PAC 3 m CLOSE - 023690T Forrest Street RRMP: 0.51 X-B o SRO LU ONW 9 Z� 023691A Magnolia Avenue RRMP: 0.63 F! OLLINGER LIVE OA( MARITI E pPJ �s. W E u, 023692G Grand Avenue RRMP: 0.69 (X-B)* SEP) O n ALDWEL RCE W O EAC 023693N, Willow Street RRMP: 0.76 (FLS Z ST AR E ISL O LSS sl Al o F rpq a 023694V, US 90 Overpass, RRMP: 0.78, SEP W s Qfie J Pwk w L UIS lU /U — A Z 023695C Pearl Street RRMP: 0.80 FLS r CO —1 0 0 V L 023696) PRIVATE/INDUSTRY Road RRMP: 0.86, ��' Si X-B m -- SHLE Z Q J 023697R Pine Street, RRMP: 0.89 (F/C LONG =LS * H RISC N RRIS 023698X PRIVATE/Trinity Industries RRMP:-0.98,_(N( HAZEL ` o in Y NOfl F/C) CLOSE - Unassicined # Ste henson Street RRMP: 0.57 T E ZAB TH Brat " Beaumont m _ALDE. 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