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HomeMy WebLinkAboutRES 24-289RESOLUTION N0, 24-289 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to enter into an Advanced Funding Agreement between the City of Beaumont and the Texas Department of Transportation (TxDOT) for the maintenance of new signs and pavement markings at the Milani Street railroad crossing, which is substantially in the form attached hereto as Exhibit "A," and made a pant hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of November, 2024. - Mayor icuy w csti - ccsJ # 0920-38-298 AFA CSJs 0920-38-298 District # 20 - BMT I AFA ID I Z00010405 Code Chart 64 # 03200 Project Name UPRR (DOT 762564M) FLASHING LIGHTS/GATES STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR LOCAL GOVERNMENT MAINTENANCE OF RAILROAD CROSSING APPROACHES (OFF -SYSTEM) THIS AGREEMENT is made by and between the State of Texas ("State"), acting by and through the Texas Department of Transportation ("TxDOT"), and the City of Beaumont, acting by and through its duly authorized officials ("Local Government"). WITNESSETH WHEREAS, 23 U.S.C. § 302 provides that a state desiring to avail itself of the provisions of Title 23 of the United States Code shall have a department of transportation with adequate powers to discharge to the duties required by Title 23.; and, WHEREAS, 23 U.S.C. § 106 and the Stewardship and Oversight Agreement between the Federal Highway Administration ("FHWA") and TxDOT provide that TxDOT must provide adequate oversight of any sub -recipients.; and, WHEREAS, 23 U.S.C. § 130 ("Section 130") provides for the federal funding of construction of projects for the elimination of hazards of railway -highway crossings; and, WHEREAS, TxDOT has identified the Union Pacific Railroad ("Railroad") highway -rail grade crossing DOT 762564M, crossing Milam Street in the City of Beaumont, that is located as shown in Attachment A; and WHEREAS, TxDOT has initiated a Section 130 project with the Railroad to bring the highway -grade crossing into compliance with federal, state, and industry regulatory standards; and WHEREAS, Transportation Code, §201.209 allows TxDOT to enter into an agreement with the Local Government; and, WHEREAS, providing adequate oversight, as it relates to a Section 130 project, requires TxDOT to gain a commitment from the Local Government that it will maintain signs and pavement markings installed or upgraded on a Local Government facility as part of a Section 130 project; and, WHEREAS, the Local Government desires a Section 130 project within its jurisdiction consisting of passive grade crossing warning to active grade crossing signal upgrade ("Section 130 Project") and understands that the Section 130 Project will upgrade or install new signs, pavement markings, AFA Section 130 Maintenance Page 1 of 4 Revised 4/30/2024 CCU # 0920-38-298 AFA CSJs 0920-38-298 District # 20 - BMT AlA ID z00010406 Code Chart 64 # 03200 Project Name UPRR (DOT 762564M) FLASHING LIGHTSIGATES approach transitions, and other items as listed in Attachment B, that the Local Government will be responsible for maintaining; and WHEREAS, the Governing Body of the Local Government has approved entering into this agreement by resolution, ordinance, or commissioners court order dated (enter date here.), which is attached to this agreement as Attachment C. WHEREAS, TxDOT has determined that such participation is in the best interest of the citizens of the State; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1. Period of the Agreement This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed. This agreement shall remain in effect unless terminated as provided below. 2. Scope of Work Upon completion of the Section 130 Project, the Local Government will fund and maintain the signs, pavement markings, approach transitions, and other items as listed in Attachment B in accordance with applicable standards of the Local Government and in compliance with the TMUTCD. 3. Termination of this Agreement This agreement shall remain in effect unless: A. The agreement is terminated in writing with the mutual consent of the parties; B. The agreement is terminated by one party because of a breach, in which case any cost incurred because of the breach shall be paid by the breaching party; or 4. Amendments Amendments to this agreement due to changes in the character of the work, terms of the agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment. 5. Remedies This agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this agreement and shall be cumulative. AFA Section 130 Maintenance Page 2 of 4 Revised 4/30/2024 ccSJ # 0920-35-298 AFA CSJs 0920-38-298 District 20-131UIT AFA iD Z0001 1405 .# Code Chart 64 # 03200 Project Name UPRR (DOT 762564M) FLASHING LIGHTS{GATES 6. Compliance with Accessibility Standards The Local Government shall ensure that maintenance is in compliance with standards issued or approved by the Texas Department of Licensing and Regulation ("TDI,R") as meeting or consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA). 7. Notice All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following addresses: Local Government: State: Director of Contract Services Texas Department of Transportation 125 E. 1It' Street Austin, Texas 78701 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. 8. Legal Construction This document does not convey any real property interests. In case one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions and this agreement shall be construed as if it did not contain the invalid, illegal or unenforceable provision. 9. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party, and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 10. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. AFA Section 130 Maintenance Page 3 of 4 Revised 4/30/2024 CCU # 0920-38-298 AFA CSJs 0920-38-298 District # 20 - BMT I AFA ID I Z00010406 Code Chart 64 # 03200 Project dame UPRR (DOT 762564M) FLASHING LIGHTS}GATES 11. Sole Agreement This agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the agreement's subject matter. 12. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 13. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. Each party is signing this agreement on the date stated under that party's signature. THE LOCAL GOVERNMENT Signature Typed or Printed Name Title Date THE STATE OF TEXAS Kenneth Stewart Director of Contract Services Date AFA Section 130 Maintenance Page 4 of 4 Revised 4/30/2024 CCSJ it 0920-38-298 AFA CSJs 0920-38-298 District # 20 -13MT I AFA ID I Z00010405 Code Chart 64 # 03200 Project Name UPRR (DOT 762564M) FLASHING LIGHTS}GATES Attachment A LOCATION MAP SHOWING PROJECT AFA Section 130 Maintenance Page 1 of 1 CCSJ # 0920-38-298 AFA CSJs 0920-36-298 District # 1 20 - BMT I AFA ID I Z00010405 Code Chart 64 # 03200 Project Name UPRR (DOT 762564M) FLASHING LIGHTSIGATES Attachment B SCOPE OF WORK (SOW) • The Railroad or its Contractor shall remove the existing crossbucks and dispose of foundations. • The Railroad or its Contractor shall install new LED railroad -flashing light signals with gates, • The Railroad or its Contractor shall install a climate -controlled railroad bungalow with OWE, • The Railroad or its contractors shall install DAX circuitry and wiring to downstream crossing 762563F Franklin Street. • The Railroad or its Contractor shall furnish, install and maintain crossbuck (1315-1) signs, number of track (R15- 213) signs when needed, emergency notification (ENS, 1-13) signs, and sign mounting brackets. • The State or its Contractor shall furnish, install and/or replace the appropriate pavement markings in accordance with the Texas Manual on Uniform Traffic Control Devices (TMUTCD) and the attached standard sheets. • The State or its Contractor will furnish, install and/or replace the following signs in accordance with the TMUTCD and the Standard Highway Signs Design Manual (SHSD): (2) W10-1, (2) W10-5. • The State will provide traffic control in accordance with the guidelines in the TMUTCD and the attached standard sheets for the installation of signage and/or pavement markings. • The City agrees to maintain pavement markings and advance warning signs under theirjurisdiction in accordance with the TMUTCD and as shown on the attached standard sheets. • The City agrees to trim and maintain trees and vegetation along roadway approaches for adequate visibility of the crossing signals and advance warning signs as installed. NOTE The Railroad or its contractor shall provide traffic control in accordance with the guidelines in the Texas Manual on Uniform Traffic Control Devices and the attached standard sheets for the installation or upgrade of railroad warning devices. AFA Section 130 Maintenance Page 1 of 5 CCU # 0920-38-298 AFA CSJs 0920-36-298 District # 20 - BMT I AFA ID I Z00010405 Code Chart 64 # 03200 Project Name UPRR (DOT 762564M) FLASHING LIGHTS/GATESa E A v_ s o c u u tl^ Y c $SpRRpfiyy g €S cgssg a Rg g x gaga g ;�, . g . a xe i xgll aat t t 1 it a�� �a> # I '� � U N 6 8 S 5L68 n a ox Lud dgga E c r 6 8888F� ��£R Of 129 Ob I. 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CCSJ # 0920-38-298 AFA CSJs 0920-36-298 District # 20 - BMT I AFA ID I Z00010405 Code Chart 64 # 1 03200 Project Name UPRR (DOT 762664M) FLASHING L.IGHTSIGATES lit! tof �� ��' _£ 'Ei�°£` � ► iN if } lid a $ r E 34 16 !k r-yt� "fig aasa P �- Sa� � {�E�"ggegt �6s5���5{� N aE a`lk9=S b§Vs-t��s� Rk8 JR:.I - Y I � i�I< t s��j�x"IN fillil-Z€'€����k Gr R wa � y Z u b !� VIR .aS .il y w l 0 0 v� id''ai.� AFA Section 130 Maintenance Page 5 of 5 CCSJ # 0920-38-298 AFA CSJs 0920-36-298 District # 20 . E3MT I AFA ID I Z00010405 Code Chart 64 # 03200 Project Name UPRR (DOT 762564M) FLASHING LIGHTSIGATES Attachment C RESOLUTION, ORDINANCE, OR COMMISSIONERS COURT ORDER AFA Section 130 Maintenance Page 1 of 1