BOARD OF COUNTY COMMISSIONERS SARPY COUNTY, NEBRASKA

Transcription

1 BOARD OF COUNTY COMMISSIONERS SARPY COUNTY, NEBRASKA RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF THE FUNDING AGREEMENT FOR CONSTRUCTION OF HIGHWAY GRADE SEPARATION BNSF RAILWAY COMPANY CAPEHART ROAD-SARPY COUNTY, NEBRASKA BETWEEN SARPY COUNTY, BURLINGTON NORTHERN SANTA FE RAILROAD AND THE NEBRASKA DEPARTMENT OF TRANSPORTATION WHEREAS, pursuant to Neb. Rev. Stat (6), the County has the power to do all acts in relation to the concerns of the County necessary to the exercise of its corporate powers; and, WHEREAS, pursuant to Neb. Rev. Stat , the powers of the County as a body are exercised by the County Board; and, WHEREAS, general supervision and control of the public roads of each county is vested in the County Board by virtue of Neb. Rev. Stat ; and, WHEREAS, the County, Burlington Northern Santa Fe Railroad, and the Nebraska Department of Transportation intend to make improvements parallel to the railroad grade crossing, located on Capehart Road at Railroad Milepost at DOT Y; and, WHEREAS, the County, Burlington Northern Santa Fe Railroad and the Nebraska Department of Transportation wish to enter into a Funding Agreement for Construction of Highway Grade Separation, attached hereto, in order to outline the funding obligation of each of the Parties for such intended improvements. NOW, THEREFORE, BE IT RESOLVED BY THE SARPY COUNTY BOARD OF COMMISSIONERS THAT this Board hereby approves the Funding Agreement for Construction of Highway Grade Separation BNSF Railway Company Capehart Road-Sarpy County, Nebraska. BE IT FURTHER RESOLVED that the Chairman of this Board, together with the County Clerk are hereby authorized to execute on behalf of this Board, said agreement. The above Resolution was approved by a vote of the Sarpy County Board of Commissioners at a public meeting duly held in accordance with applicable law on the day of Attest: SEAL Sarpy County Board Chairman County Clerk

2 SARPY COUNTY Dennis L. Wilson, P.E., PhD Sarpy County Engineer P UBLIC WORKS DEPARTMENT South 84th Street Papillion, NE Phone (402) FAX (402) MEMORANDUM To: From: Subject: Date: Sarpy County Board of Commissioners Dennis L. Wilson, P.E., PhD, County Engineer {j)lj Funding Agreement with Burlington Northern Santa Fe for Capehart Road Bridge. December 5, 2017 I recommend approval of the Resolution for the authorizing of the Funding Agreement with Nebraska Department of Transportation and Burlington Northern Sante Fa Railroad for the construction of a Grade Separation Structure located at approximately h St and Capehart Road. This crossing has been rated per the NDOT and BNSF as one of the top 10 most dangerous in the state. This is due to the site distance issues of which the rail being on a curve, the approaches to the crossing have at least a 10% grade with 12ft. to 18ft. hi~h banks on either side. By closing the Capehart at grade crossing and the 132" Street at grade crossing (currently programed in the One and Six for 2023) it will meet the two at grade crossings closures as per the State of Nebraska requires. This funding agreement has the Nebraska Department of Transportation providing funds for the construction of the bridge using their State Safety Rail funds. This funding would have been used to upgrade the at grade railroad crossing with new lights and arms. The funding agreement has the Burlington Northern Sante Fe Railroad providing funds for the bridge construction. The funding would be in conjunction when Sarpy County plans to replace the at grade crossing located on Giles Road east of 132"d Street with a bridge structure. DLW/bjh

3 FUNDING AGREEMENT FOR CONSTRUCTION OF HIGHWAY GRADE SEPARATION BNSF RAILWAY COMPANY CAPEHART ROAD-SARPY COUNTY, NEBRASKA This Agreement (Agreement) is made and entered into as of the effective date herein defined by and between Sarpy County, Nebraska (County) and BNSF Railway Company ("Railroad") and the State of Nebraska, Department of Transportation ("State"). State, County and Railroad are hereinafter sometimes referred to collectively as the ("Parties"). RECITALS The County has plans for the construction of a highway grade separation (Viaduct) project over the Railroad's tracks on the Heartland Division in Sarpy County, Nebraska in the vicinity of Capehart Road at Railroad Milepost at DOT Y. The location of the Viaduct is shown on the location map marked Exhibit "A", attached hereto and made a part hereof. In connection with construction of the Viaduct the existing public at-grade crossing at Capehart Road, DOT No Y, Railroad Milepost 39.72, will be permanently closed and removed. The location of the street closure is also shown on Exhibit "A". The Parties are agreeable to provide funding for the Viaduct project including preliminary engineering, right of way acquisition, utilities, construction engineering and construction of said Viaduct for eligible project costs as detailed under project phasing and project funding. The Parties hereby agree that the closure of the Capehart Road public at.. grade crossing at DOT Y, Milepost will combine with the closure of the 132 d & Giles public at-grade crossing at DOT J, Milepost to meet the State of Nebraska requirements for a minimum of two public at-grade crossing closures for the future county project to construct a grade separation at 132 d & Giles. Said project at 132 d & Giles is in the County program for 2022, at this time. The Parties hereby agree that the Railroad's ten percent (10%) share will satisfy the federal contribution requirement for both structures (5% for Capehart Road Project and 5% for the future project at Giles Road).

4 NOW, THEREFORE, in consideration of these facts, it is mutually agreed to by and between the Parties hereto as follows: Section 1. Capehart Road Viaduct Project Phasing (a) Subject to the provisions of Section 5, the Capehart Road Viaduct project will be placed in the County's Transportation Program based on the project completion schedule and availability of County, Railroad and State rail safety funding. (b) Subject to the provisions of Section 5, the County shall prepare a Construction and Maintenance agreement between the County, State and Railroad covering all the Capehart Road Viaduct project work with such agreement providing for the closure of the Capehart Road at-grade closure to occur a~er the project is let to contract and construction has begun. Section 2. Estimated Project Construction Costs and Funding Apportionment (a) The estimated construction costs for the project based on 2016 dollars and the funding share for the parties is as follows: State Share Railroad Share (10%) County Share Total $ 750,000 $ 235,000 $ 1,365,000 $ 2,350,000 (b) The Railroads ten percent (10%) share is a lump sum not to exceed $235,000 based on the preliminary estimate for the project. (c) The Railroad's ten percent (10%) share will satisfy the federal contribution requirement for both structures (5% for Capehart Road Project and 5% for the future project at Giles Road. (c) The State Rail Safety funds for the project are capped at $750,000. Railroad funds for the project will be a 10% lump sum share, not to exceed $235,000, of the estimated cost of the project. At the time of the project letting, once the State cap of $750,000 and the Railroad share of $235,000 is exceeded, all actual costs exceeding the State and Railroad cap shall be borne one hundred (100%) by the County. ( d) The Construction and Maintenance agreement for the project shall detail the allowable cost for the project; detail the funding share for County, State and Railroad, billing procedure for the County, State and Railroad and the ownership of the structure including all maintenance details and responsibilities. (e) Actual costs incurred by the Railroad to be apportioned to the project as set forth

5 in this Section shall include, without limitation, all actual costs of engineering and design review, removal, construction inspection, flagging, procurement of materials, equipment rental, manpower and deliveries to the job site and all direct and indirect overhead and labor costs and including Railroad's then standard labor additive. Section 3. Work Responsibilities and/or Obligations of Parties for the Project The County, State and Railroad with project costs apportioned among the Parties as set forth in Section 2 shall perform the following work and/or have the following obligations: (a) The Railroad shall: 1. Perform its portion of the crossing closures work as set forth in Section Perform all flagging, preliminary engineering, design review, inspection and any other work such as, but not limited to, relocating signal lines or other Railroad owned facilities. (b) The County shall perform or have their consultant perform the following: 1. Develop and prepare, or cause to be developed and prepared, all preliminary and final design detailed plans and specifications for the Viaduct and street closures. The County shall submit such items to the Railroad's Manager of Public Projects (or his/her authorized representative) for his/her prior review and approval. Said plans shall be approved by the Railroad prior to execution of the Construction and Maintenance agreement for the project. Said plans shall include, without limitation, shoring, sheeting and excavation for bents and/or abutments adjacent to Railroad's tracks and, if applicable, all demolition and removal plans for existing structures. Plans shall include all utility adjustments, reinforcements or relocations including, without limitation, work that will affect existing fiber optic lines and facilities. The Parties agree the final Viaduct project plans must be approved by Railroad prior to execution of the Construction and Maintenance agreement. 2. Prepare the Construction and Maintenance agreement that will describe in detail all the work and responsibilities of the County and Railroad and project scheduling. 3. Subject to the provisions of Section 5, the County will schedule and let to contract the project. The contractor will complete construction unless certain items are to be performed by the County or Railroad.

6 4. The County shall provide construction inspection. 5. The County shall perform its portion of the Street closures as set forth in Section The County shall pass and adopt an Ordinance that authorizes and directs the closure of the Capehart Road at-grade crossing prior to execution of the Construction and Maintenance agreement by the Parties of this agreement. A copy of the ordinance passed by the County will be attached to the Construction and Maintenance agreement and made a part hereto. 7. The County shall prepare, or cause to be prepared, and submit to the Railroad for its review and written approval, surveys and legal descriptions of the portions of Railroad's property needed for temporary construction purposes or as permanent easements. The County shall be responsible for paying the Railroad the fair market value of the temporary and permanent easement use areas that are needed from the Railroad for the Viaduct project as mutually agreed upon by the County and Railroad or as determined by a court having proper jurisdiction. The County shall pay such consideration to Railroad simultaneously with the execution of the Construction and Maintenance agreement. Section 4. Street Closures Under the Viaduct project, and as a project construction cost, the Street closures shall include, without limitation the following: (a) The Railroad shall provide flagging protection, preliminary engineering, design review and removal of the rail, ties and rail signal equipment and shall retain all salvage and salvage credits resulting from such removal. (b) The County shall provide traffic control including, without limitation, advance warning signs, pavement markings and barricades in compliance with the then-current requirements contained in the Manual on Uniform Traffic Control Devices, or any such successor publication. (c)the County or its contractor shall remove the approaches to the crossing. Section 5. Conditions Precedent to Commencement of the Viaduct Project Notwithstanding all other obligations set forth in this Agreement, before work can commence on the project, the following conditions precedent shall have first occurred for the project.

7 A. The County, State and Railroad shall have indicated in writing to the other Parties that sufficient County, State and Railroad funding for the project is available and has been allocated for the project. B. The County and Railroad have agreed upon the amount of consideration to be paid by the County to Railroad for the Viaduct project for the permanent and temporary easements that are needed from the Railroad. C. The Railroad has provided written approval to the County of the final one hundred percent (100%) completed plans for the Viaduct and street closures. D. The County and Railroad have executed the Construction and Maintenance agreement for the project. E. Each contractor hired by the County to perform any project work has agreed to the indemnification and insurance clauses related to work on BNSF Railway Company's Property included in the bid specifications and detailed in the Construction and Maintenance agreement. Section 6. Conflict of Provisions Contained in Agreements If there is a conflict of terms involving this Agreement and the Construction and Maintenance agreement for the project, the terms and conditions of the Construction and Maintenance agreement shall govern. Section 7. Effective Date The effective date of this agreement shall be the date of execution of the State as shown on the execution page of this Agreement. Section 8. Assignment None of the Parties may assign this Agreement without prior written consent of the other two non-assigning Parties.

8 Section 9. Successors and Assigns Subject to the provisions of Section 8, this Agreement shall be binding upon and inure to the benefits of the Parties hereto and th eir respective successors and assigns. EXECUTED by the Railway this _;;2.~(.p;_-11- day of S~er, EXECUTED by the County this day of, SARPY COUNTY, NEBRASKA Attest: County Clerk BY Sarpy County Board Chairman Approved as to form: ~u~??wtu Deputy Sarpy County Attorney EXECUTED by the State this day of, STATE OF NEBRASKA, DEPARTMENT OF TRANSPORTATION By: Title: Rail and Public Transportation Engineer

9 Acknowledgement STATE OF NEBRASKA) ) SS. COUNTY OF LANCASTER ) The foregoing instrument was acknowledged before me this day of, 20_, by Abe Anshasi, Rail and Public Transportation Engineer for the State of Nebraska, Department of Transportation. (Seal) Notary Public

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