Ordinance No. 2,733® 901#-4
ORDINANCE NO. 2733
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND
THE CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND
ATTEST TO AN AGREEMENT BETWEEN SOUTHERN PACIFIC TRANS -
PORTATION COMPANY, THE STATE OF TEXAS, AND THE CITY OF
BAYTOWN FOR RAILROAD SIGNALIZATION ON MAIN AND LOBIT
STREETS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN:
Section 1: That the City Council of the City of Baytown
hereby authorizes and directs the Mayor and City Clerk of
the City of Baytown to execute and attest to an agreement
between Southern Pacific Transportation Company, the State
of Texas, and the City of Baytown for railroad signalization
on Main and Lobit Streets. A copy of said agreement is
attached hereto, marked Exhibit "A," and made a part hereof
for all intents and purposes.
Section 2: This ordinance shall take effect from and
after its passage.
INTRODUCED, READ, and PASSED by the affirmative vote of
the City Council this 27th day of September 1979.
T ayor
ATTEST: 3
ElLEEN P. HALL, City Clerk
APPROVED:
ZOZA6'�
TT BOUNDS, City Attorney
r
_ 909 4b
Harris County
Project RRO OOOS(37)
Control 912 -71 -49
Main and Lobit Streets
® In Baytown
DOT No. 762 830G
STATE OF TEXAS )(
COUNTY OF TRAVIS
THIS AGREEMENT, made this 17'� day of f4vuS-�
19 by and between the State of Texas, acting by and through the
Bridge Engineer of the State Department of Highways and Public Transpor-
tation, hereinafter called the "State," Party of the First Part, and
the Southern Pacific Transportation Company
a corporation, hereinafter, whether one or more, called the - "com any,"
Party of the Second Part, acting by and through IJ - J_ 1��n1 40 %J
its s�;s :,r.. >•ta;� .
n
and the City of Baytown °=
®Texas, hereinafter called the "political subdivision," Party of the
Third Part, acting by and through its duly authorized contracting of-
ficers.
W I T N E S S E T H
WHEREAS, Main Street and Lobit Street
cross the railroad
line of the company at Railroad Mile -post TEA 22.09, in Baytown, Harris
County, Texas, .
and the State and the political subdivision propose to install grade
crossing warning systems of the type and at the crossing as shown on
print marked "Exhibit A, attached hereto and made a part hereof, and
WHEREAS, it has been determined that this work is eligible for
Federal -Aid participation and such work is administered by the State,
and
® WHEREAS, the State has approved a program of work which includes
this project, and
WHEREAS, it is understood that references • to the "State" hereinafter
apply to obligations and considerations during - project construction, and
that references to the political subdivision hereinafter apply to con-
tinuing obligations and considerations after completion of the project..
Warning Devices
Off Federal System
1
D -5RR
Rev. 3 -9 -78
A G R E E M E N T
90964c
® 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:
1. The company hereby gives.to the State and the political sub-
division permission to install the grade crossing warning systems and
to use the crossing at the intersection of the railroad and street or
road as shown on Exhibit "A."
E
E
E
2. It is agreed that all existing agreements between the company
and the political subdivision concerning licenses, permits, leases or
easements at this location shall remain in full-force and effect.
3. The permission, given hereby, shall not in any way prevent the
company from operating its trains across the land over which permission
has been given. It is expressly agreed that no legal right of the
company to maintain, use, locate, align, realign and relocate the rail-
road track now located across the premises, and to construct and there-
after maintain, use and relocate any additional track or tracks, or other
facilities, as it may desire, across said street or road at said inter -
section, shall be in anywise affected by the giving of this permission,
subject, however, to the provisions of paragraph 8 hereof. In the event
of any such changes the company shall restore the street or road to a
proper condition for the use of the traveling public to the satisfaction
of the political subdivision.
4. The company and.the State agree jointly to prepare plans and
estimates based upon specifications approved by the company and the
State for the proposed grade crossing warning systems. After having
been approved in writing by the company, the State, and the political
subdivision, said plans, specifications and estimates covering the instal-
lation of said warning systems shall be attached hereto marked "Exhibit B"
and made a part hereof. No changes in the Exhibit "B" are to be made
without written approval of such changes by the company, the State, and
the political subdivision.
5. The company, unless otherwise provided, shall make such
changes or alterations in the tracks, communication and signal, pole
and wire lines, pipe sewer
located upon the company's
quired by the construction
tain continuous service and
and drainage or other facilities or buildings
right -of -way, which may be displaced'or re-
of the project, as may be necessary to main -
conform them to said construction and restore
Warning System D -5RR
Off Federal System 2 Revised 3 -9 -78
:r
_.. _ 909 4d
n
them to former condition for service either prior to, during or following
® construction of said work, all of which, as far as known to the company,
shall be shown on the said plans. The company shall prepare plans and'
®estimates subject to approval by the State, for the adjustment of such
facilities. Such. plans and estimates shall be attached hereto and made
.a part of Exhibit "B." Any known work to be done, not shown on the
plans and in the estimates will not be paid for.
6. Materials required for the installation of the grade crossing
warning systems are to be furnished by the company. Said materials are
to be of the kind and quality as described or shown on the plans, speci-
fications and estimates.. The company will furnish to the State a detailed
estimate of all items needed in connection with the proposed installation.
7. The company shall install materials to be furnished by it and
shall do other work as required to put such grade crossing warning systems
into operation in accordance with Exhibit "B."
8. The company shall maintain and operate the grade crossing warning
®systems as installed and in accordance with the design of operation as
shown on Exhibit B. �� No changes are to be made in the design or opera-
tion of said warning systems without the written approval of the State
® and the political subdivision. In future maintenance painting, the
company agrees to retain the painting color combination as accepted at
the time of installation, unless otherwise agreed upon in writing by
the company and the political subdivision.
9. If the crossing of the street or road and railroad as shown on
Exhibits "A" and "B" is ever abandoned, the grade crossing warning sys-
tems installed under this contract shall not be removed by the company
to any point other than that which might be approved by the political
subdivision.
10. The State agrees to furnish such construction stakes and /or _
elevations as are required for the proper construction of the project.
Any field engineering performed by the company to check or verify the
accuracy of any work performed shall be without expense to the State or
the political subdivision.
11. The company shall commence the work to be done by it herein
® within two weeks after receipt of written notice from the State that
the work may proceed and shall proceed diligently to the conclusion of
its obligations herein. Reimbursement will not be made for work under
taken by the company which is performed at the site of the project
warning System D -5RR
n4:*: c.7ctam 3 Revised 3 -9 -78
9094e
prior to the issuance of such work order by the State. This does not
apply to the assembly at the railroad stores or loading points of ma-
terials which might be used on the project. Such assembly may be under-
taken sufficiently in advance to assure prompt delivery but reimbursement
for any materials or handling charges will be contingent upon the issuance
of a work order by the State to the.company.
12. Reimbursement to the company will be made for work performed
and materials furnished, including but not limited to, insurance pre-
miums and coverage at the rate and amount set forth in the approved
cost estimate attached, in accordance with the provisions of Federal -
Aid Highway Program Manual, Volume 1, Chapter 4, Section 3, issued by
the Federal Highway Administration on April 25, 1975, and amendments
thereto except as modified by the provisions herein.
13. Upon satisfactory completion of the work performed by the
® company under this agreement and receipt of final and complete billing
in proper form the State shall compile the project cost. Subsequent
to the audit the State will make final payment to the company for work
performed and materials furnished in accordance with this agreement and
approved plans and specifications and approved changes thereof..
14. In the event that construction is not undertaken, or in the
absence of a work order being issued by the State to the company, the
State and the political subdivision will not be responsible for any
expense incident to any cost incurred in connection with any provision
of this contract.
15. It is agreed that the cost of this project will be borne as
follows:
a. The company will not be required to contribute toward
the construction of the project but will be required to maintain the
installation upon completion.
b. The political subdivision will contribute 5/ toward the
total estimated cost of the project and will maintain.any advance
warning signs and /or pavement markings as may.be installed under this
agreement. The political subdivision will furnish the State a check
in the amount of 5% of the estimated cost of the project upon request
from the State.
Warning System D -5RR
Off Federal System 4 Revised 3 -9 -78
1
909io4f
C. The State will contribute the remaining cost of the
® project in the approximate amount of 95%.
16. The company shall retain all records for auditing purposes
for a "period of three years after payment of the final bill.
17. All provisions concerning the State which.are stipulated
herein shall automatically cease and terminate upon official comple-
tion of the project and payment of the final bill.
18. The State expects to be reimbursed for its expenditures here-
under from funds provided by the United States Government. Such reim-
bursement can only be obtained by the State by compliance with the
statutes, rules and regulations from time to time enacted and promul -.
gated by the United States Government and its Federal Highway Adminis-
tration. In case such statutes, rules or regulations shall hereafter
be altered or amended in such manner as to affect the State's right to
such reimbursement or funds from which this construction is proposed
are not available, the State reserves the right to cancel this agree
®ment at any time prior to the actual letting of a contract by the State
hereunder.
19. Compliance with Title VI of The Civil Rights Act of 1964.
During the performance of this contract, the company (referred.to as
the "contractor" in the following paragraphs numbered 1 through 6), for
itself, its assignees and successors in interest, agrees to comply with.
the following six paragraphs except in those instances where work under-
taken under this agreement is performed by its own forces.
(1) Compliance with Regulations: The contractor will comply with the
Regulations of the Department of Commerce relative to nondiscrimination .
in federally- assisted programs of the Department of Commerce (Title 15,
Code of Federal Regulations, Part 81 hereinafter referred to as the
Regulations), which are herein incorporated by reference and made a
part of this contract.
(2) Nondiscrimination: The contractor, with regard to the work per-
formed by it after award and prior to completion of the contract work,
will not discriminate on the ground of race, color, or national origin
Warning System D -5RR
Off Federal System 5 Rev. 3 -9 -78
•�.: � . ,. - 909 4g
%
in the selection and retention of subcontractors, including procure-
ments of materials
participate either
hibited by Section
when the contract
Regulations.
and leases of equipment. The contractor will not
directly or indirectly in the discrimination pro -
8.4 of the Regulations, including employment practices
covers a program set forth in Appendix A -II of the
(3) Solicitations for Subcontract, Including Procurements of Materials
and Equipment: In all solicitations either by competitive bidding or
negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials or equipment, each
potential subcontractor or supplier shall be notified by the contractor .
of the contractor's obligations under this contract and the Regulations
relative to nondiscrimination on the ground of race, color or national
origin.
(4) Information and Reports: The contractor will provide all informa-
tion and reports required by the Regulations, or orders and instructions
issued pursuant thereto, and will permit access to its books, records,
accounts, other sources of" information, and its facilities as may be
determined by the State or the Federal Highway Administration to be
pertinent to "ascertain compliance with such Regulations, orders and
instructions. Where any information required of a contractor is in the
exclusive possession of another who fails or refuses to furnish this
information, the contractor shall so certify to the State, or the Federal
Highway Administration as appropriate, and shall set forth what efforts
it has made to obtain the information.
(5) .Sanctions for Noncompliance: In the event of the contractor's
noncompliance with the nondiscrimination provisions of this contract,
the State shall impose such contract sanctions as it or the Federal
Highway Administration may determine to be appropriate, including, but
not limited.to,
(a) withholding of payments to the contractor under the contract until
the contractor complies, and /or
(b) cancellation, termination or suspension of the contract, in whole
or in part.
(6) Incorporation of Provisions: The contractor
provisions of paragraphs (1) through (6) in every
eluding procurements of materials and leases of ei
by the Regulations, order, or instructions issued
Warning System
Off Federal System 6
will include the
subcontract, in-
Iuipment, unless exempt"
pursuant thereto. The
D -5RR
Revised 3 -9 -78
9092 -4h _
contractor will take such action with respect to any subcontract or
procurements as the State or the Federal Highway Administration may
® direct as a means of enforcing such provisions including sanctions
for noncompliance: Provided, however, that, in the event a contractor
becomes involved in, or is threatened with, litigation with a sub -
contractor or supplier as a result of such direction, the contractor
may request the State to enter into such litigation to protect.the
interests of the State, and, in addition, the contractor may request
the United States to enter into such litigation to protect the interests
of the United States.
20. Railroad company bills.
a. The company may submit monthly bills prepared in satis-
factory form for work performed in compliance with this agreement
provided t-he cost to be billed exceeds $500.00. Upon receipt of said
monthly bills, the State will make a payment to the company. The
amount of such payment may be up to 900% of the cost of the work par -
formed and as covered by said bill. Subsequent to the final audit the
State will make final payment to the company for work performed and
® materials furnished in accordance with this agreement and approved
plans and specifications and approved changes.thereof.
L'
b. In the event that the company.does not desire monthly
payments, then upon satisfactory completion of the work performed by
the company under this agreement and receipt of a statement in proper
form, the State shall make payment to the company. The amount of said
payment may be up to 90% of the cost of such work. Subsequent to the
audit the State will make final payment to the company for work per-
formed and materials furnished in accordance with this agreement and
approved plans and specifications and approved changes thereof.
1
Warning System D -5RR
Off Federal System 7 Revised 11 -9 -78
•� � ,� � - 909 -4i _ r
IN TESTIMONY WHEREOF, the parties hereto have caused these
® presents to be.executed in triplicate on the day above stated.
SOUTHERN PACIFIC TRANSPORTATION
COMPANY
B
(Title) Assistant Manager,
` Contract Dept.
RECOMMENDED:
® (Title)
i
APPROVED AS TO FORM:
Attorneys for Company
CITY OF BAYTOWN
THE STATE OF TEXAS
Certified as being executed for
the purpose and effect of acti-
vating and /or carrying out the
orders, established policies, or
work programs heretofore approved
and I authorized by the State Highway
and Public Transportation Commission:
By:
Bridge Engineer
Under authority of State Highway and
Public Transportation Commission
Minute Order No. 70104, dated June 200
1975
RECOMMENDED FOR APPROVAL:
District Engineer
Supervising Office Engineer
By, Director, Finance
(Title)
®ATTEST:
(Seal)
(Title)
Warning System D -5RR
$ 8 -16 -78
Off Federal System
f4k
...... ....
A .. ., 909 4k ..
l47Q' tS?.ME CRQSS/%tI _ ED■ !?/ C'//1CtI/lam=4Q SEC A.
pp6D/CTp e/A Gcrjl ' d 4.0 SEe.AT 25MPN
Y
551/VG too
RACE
Cf
1470
G 1 `'
AP-
04
GAF
N. a 5ou hum
ry h Sf°' Seor0.o
h '•vim Q \ •,b A-
a
th h h a1u 1 P F TR PO .TAT/O/ MA/AV G//VE TRACK TO•"'G/J
SOUTt-/
PW
V!C/rl//TY LAVOc/T
r- L Shpo/Circuits ore desi ned tc give 32 seconc's ope o:/an
k. . prior tb orrivo/ of the ostest tro.9 of this Ciosshhq ,o/us
B seconds odded for insfrur»en/ /oq,
1 e1't 2 Grode clpssin?q edictc+ C cc irs ore robe used on
S
e a
32
This proJeo,'o.
cf:
t 3O•30r One t3/fl, • 3 Trof..0 D • 9650 vPD on/H.'oi%' .'ree' and //BO VPD on
Lobir Streef of 30 11,,A 'ono' 2 swifc&;Amovespel-coy of
3,
AsPhotr .Gbvemenf
3 8•
i `k 42'n-.efo/co duif I'nbe furnishe oro',o/oCeo' Grf f/"e
1r od Com or. of 30'below 10,0 of'ie a%vofiM.
0 5 F /for :ns/r owenl dose and sio o/r04,40OliOnsJ i reo fired,
to be rLmisheo' olio ploced by lh--COS 6 The Roi/rood Compor7u Wi//rerrrorove >he exisfin9 clossbuck
T>'P/CAl, SECT/ON
G OBfT STREET St G.i%e
signs ood d.'sp se of t/;e "o ndo:ions
ff b C Z The Stole will furnish Qnd i sto//P4,,/ a2nr' qi
r{
I/t;e
qno
L1'a, Vf s -pcAvonce wOM r.O Sipr s. The City / moi `cZir fhe i
t rae o,S7'oo G:ne
STR
Er pomelt workings ono'odvonce worninQ sons os
ao,
1 'ry— A-
5' AWN
o a'$ e I V RFC
r
01, Two rloshinq L/ hf Siono/s, Tupe A(AA/? /40 'and Twa F/oshino
Eight Signo/s, Type S (AAF/746) w.`h /8 A00`/enq.`h CORM'
lamp assemblies with high irtens%ly roande/s ore `ote
Two bells as sew
os
he eon
ods shower hereon.
L omp hous.nq s sho//be eou Aped with 25 wot!hW c2/q es,
a O r7`&2• oferoted of om1nir um of 9.o volts under nor no/orof.q
r;yr. r
1 conditions.
voN
1e
H OV T 51-IE T
of ° 50
Lip G2 t ROPOSED INSTRUMENT CASE
s- jq Sf4Op z';-w is ' b T V r VICES
Q 40, 1 40• v AUTOMATIC PaOT c / E D_
w v gp•AT TH€ l/TERSECT/ON OF IV. /A/N
xti;• STizEE T A/D Th'E SOOT!-IE QN PAC/F/E
A
Stogy e
v
TRA/JSAORTAT/ON CON,oAi Y G-RAD€
Z,' CROSS/NG AT GOB/T STREW j
3` F-NLAI?GDD I-AYOUT . TyP/CAL ScC AI TEXASBA1TQW/a/,
d/ /19,grrV 5T•2L' DRAVLF7Tt O 7la 2& 6 :_'••,' ,••,• ..•'; :' `-
A /Y!/(EP S i ,•••; o GGQS _
6A 2219
C£V.5£D 3-/4-7g
t-.. i.r-ate._......... _.^r. ...._..._......._.....- .,.9......-_........_.. v ar
Harris County
Project RRO 000S(37)
Control 912-71-49
Main and Lobit Streets
In Baytown
DOT No. 762 8.30G
STATE OF TEXAS X
COUNTY OF TRAVIS X
LL
THIS AGREEMENT, made this /7 ---day of 74/5 74
19 77, by and between the State of Texas, acting by and through the
Bridge Engineer of the State Department of Highways and Public Transpor-
tation, hereinafter called the ''State," Party of the First Part, and
the Southern Pacific Transportation Company
a corporation, hereinafter, whether one or more, called the "company,"
Party of the Second Part, acting by and through ti.). T. Aoric5/
its
and the City of Baytown
Texas, hereinafter called the "political subdivision," Party of the
Third Part, acting by and through its duly authorized contracting of-
ficers.
W ITNESSETH
WHEREAS, Main Street and Lobit Street
cross the railroad
line of the company at Railroad Milepost TBA 22.09, in Baytown, Harris
County, Texas,
and the State and the political subdivision propose to install grade
crossing warning systems cf the type and at the crossing as shown on
print marked "Exhibit A," attached hereto and made a part hereof, and
WHEREAS, it has been determined that this work is eligible for
Federal -Aid participation and such work is administered by the State,
and
WHEREAS, the State has approved a program cf work which includes
this project, and
WHEREAS, it is understood that references to the "State" hereinafter
apply to obligations and considerations during project construction, and
that references to the political subdivision hereinafter apply to con-
tinuing obligations and considerations after completion of the project.
Warning Devices
Off Federal System
D-5RR
Rev. 3-9-78
AGREEMENT
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:
1. The company hereby gives to the State and the political sub-
division permission to install the grade crossing warning systems and
to use the crossing at the intersection of the railroad and street or
road as shown on Exhibit "A."
2. It is agreed that all existing agreements between the company
and the political subdivision concerning licenses, permits, leases or
easements at this location shall remain in full force and effect.
3. The permission, given hereby, shall not in any way prevent the
company from operating its trains across the land over which permission
has been given. It is expressly agreed that no legal right of the
company to maintain, use, locate, align, realign and relocate the rail-
road track now located across the premises, and to construct and there-
after maintain, use and relocate any additional track or tracks, or other
facilities, as it may desire, across said street or road at
section, shall be in anywise affected by the giving of this
subject, however, to the provisions of paragraph 8 hereof.
of any such changes the company shall restore the street or
proper condition for the use of the traveling public to the
of the political subdivision.
said inter -
permission,
In the event
road to a
satisfaction
4. The company and the State agree jointly to prepare plans and
estimates based upon specifications approved by the company and the
State for the proposed grade crossing warning systems. After having
been approved in writing by the company, the State, and the political
subdivision, said plans, specifications and estimates covering the instal-
lation of said warning systems shall be attached hereto marked "Exhibit B"
and made a part hereof. No changes in the Exhibit "B" are to be made
without written approval of such changes by the company, the State, and
the political subdivision.
5. The company, unless otherwise provided, shall make such
changes or alterations in the tracks, communication and signal, pole
and wire lines, pipe sewer and drainage or other facilities or buildings
located upon the company's right-of-way, which may be displaced or re-
quired by the construction of the project, as may be necessary to main-
tain continuous service and conform them to said construction and restore
Warning System D-5RR
Off Federal System 2 Revised 3-9-78
11
them to former condition for service either prior to, during or following
construction of said work, all of which, as far as known to the company,
shall be shown on the said plans. The company shall prepare plans and
estimates subject to approval by the State, for the adjustment of such
facilities. Such plans and estimates shall be attached hereto and made
a part of Exhibit "B." Any known work to be done, not shown on the
plans and in the estimates will not be paid for.
6. Materials required for the installation of the grade crossing
warning systems are to be furnished by the company. Said materials are
to be of the kind and quality as described or shown on the plans, speci-
fications and estimates. The company will furnish to the State a detailed
estimate of all items needed in connection with the proposed installation.
7. The company shall install materials to be furnished by it and
shall do other work as required to put such grade crossing warning systems
into operation in accordance with Exhibit "B."
8. The company shall maintain and operate the grade crossing warning
systems as installed and in accordance with the design of operation as
shown on Exhibit "B." No changes are to be made in the design or opera-
tion of said warning systems without the written approval of the State
and the political subdivision. In future maintenance painting, the
company agrees to retain the painting color combination as accepted at
the time of installation, unless otherwise agreed upon in writing by
the company and the political subdivision.
9. If the crossing of the street or road and railroad as shown on
Exhibits "A" and "B" is ever abandoned, the grade crossing warning sys-
tems installed under this contract shall not be removed by the company
to any point other than that which might be approved by the political
subdivision.
10. The State agrees to furnish such construction stakes and/or
elevations as are required for the proper construction of the project.
Any field engineering performed by the company to check or verify the
accuracy of any work performed shall be without expense to the State or
the political subdivision.
11. The company shall commence the work to be done by it herein
within two weeks after receipt of written notice from the State that
the work may proceed and shall proceed diligently to the conclusion of
its obligations herein. Reimbursement will not be made for work under-
taken by the company which is performed at the site of the project
Warning System D-5RR
Off Federal System 3 Revised 3-9-78
prior to the issuance of such work order by the State. This does not
apply to the assembly at the railroad stores or loading points of ma-
terials which might be used on the project. Such assembly may be under-
taken sufficiently in advance to assure prompt delivery but reimbursement
for any materials or handling charges will be contingent upon the issuance
of a work order by the State to the company.
12. Reimbursement to the company will be made for work performed
and materials furnished, including but not limited to, insurance pre-
miums and coverage at the rate and amount set forth in the approved
cost estimate attached, in accordance with the provisions of Federal -
Aid Highway Program Manual, Volume 1, Chapter 4, Section 3, issued by
the Federal Highway Administration on April 25, 1975, and amendments
thereto except as modified by the provisions herein.
13. Upon satisfactory completion of the work performed by the
company under this agreement and receipt of final and complete billing
in proper form the State shall compile the project cost. Subsequent
to the audit the State will make final payment to the company for work
performed and materials furnished in accordance with this agreement and
approved plans and specifications and approved changes thereof.
14. In the event that construction is not undertaken, or in the
absence of a work order being issued by the State to the company, the
State and the political subdivision will not be responsible for any
expense incident to any cost incurred in connection with any provision
of this contract.
15. It is agreed that the cost of this project will be borne as
follows:
a. The company will not be required to contribute toward
the construction of the project but will be required to maintain the
installation upon completion.
b. The political subdivision will contribute 5% toward the
total estimated cost of the project and will maintain any advance
warning signs and/or pavement markings as may be installed under this
agreement. The political subdivision will furnish the State a check
in the amount of 5% of the estimated cost of the project upon request
from the State.
Warning System D-5RR
Off Federal System 4 Revised 3-9-78
c. The State will contribute the remaining cost of the
project in the approximate amount of 95%.
16. The company shall retain all records for auditing purposes
for a period of three years after payment of the final bill.
17. All provisions concerning the State which are stipulated
herein shall automatically cease and terminate upon official comple-
tion of the project and payment of the final bill.
18. The State expects to be reimbursed for its expenditures here-
under from funds provided by the United States Government. Such reim-
bursement can only be obtained by the State by compliance with the
statutes, rules and regulations from time to time enacted and promul-
gated by the United States Government and its Federal Highway Adminis-
tration. In case such statutes, rules or regulations shall hereafter
be altered or amended in such manner as to affect the State's right to
such reimbursement or funds from which this construction is proposed
are not available, the State reserves the right to cancel this agree-
ment at any time prior to the actual letting of a contract by the State
hereunder.
19. Compliance with Title VI of The Civil Rights Act of 1964.
During the performance of this contract, the company (referred to as
the "contractor" in the following paragraphs numbered 1 through 6), for
itself, its assignees and successors in interest, agrees to comply with
the following six paragraphs except in those instances where work under-
taken under this agreement is performed by its own forces.
(1) Compliance with Regulations: The contractor will comply with the
Regulations of the Department of Commerce relative to nondiscrimination
in federally -assisted programs of the Department of Commerce (Title 15,
Code of Federal Regulations, Part 8, hereinafter referred to as the
Regulations), which are herein incorporated by reference and made a
part of this contract.
(2) Nondiscrimination: The contractor, with regard to the work per-
formed by it after award and prior to completion of the contract work,
will not discriminate on the ground of race, color, or national origin
Warning System D-5RR
Off Federal System 5 Rev. 3-9-78
•
in the selection and retention of subcontractors, including procure-
ments of materials and leases of equipment. The contractor will not
participate either directly or indirectly in the discrimination pro-
hibited by Section 8.4 of the Regulations, including employment practices
when the contract covers a program set forth in Appendix A -II of the
Regulations.
(3) Solicitations for Subcontract, Including Procurements of Materials
and Equipment: In all solicitations either by competitive bidding or
negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials or equipment, each
potential subcontractor or supplier shall be notified by the contractor
of the contractor's obligations under this contract and the Regulations
relative to nondiscrimination on the ground of race, color or national
origin.
(4) Information and Reports: The contractor will provide all informa-
tion and reports required by the Regulations, or orders and instructions
issued pursuant thereto, and will permit access to its books, records,
accounts, other sources of information, and its facilities as may be
determined by the State or the Federal Highway Administration to be
pertinent to ascertain compliance with such Regulations, orders and
instructions. Where any information required of a contractor is in the
exclusive possession of another who fails or refuses to furnish this
information, the contractor shall so certify to the State, or the Federal
Highway Administration as appropriate, and shall set forth what efforts
it has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of the contractor's
noncompliance with the nondiscrimination provisions of this contract,
the State shall impose such contract sanctions as it or the Federal
Highway Administration may determine to be appropriate, including, but
not limited to,
(a) withholding of payments to the contractor under the contract until
the contractor complies, and/or
(b) cancellation, termination or suspension of the contract, in whole
or in part.
(6) Incorporation of Provisions: The contractor will include the
provisions of paragraphs (1) through (6) in every subcontract, in-
cluding procurements of materials and leases of equipment, unless exempt
by the Regulations, order, or instructions issued pursuant thereto. The
Warning System D-5RR
Off Federal System 6 Revised 3-9-78
contractor will take such action with respect to any subcontract or
procurements as the State or the Federal Highway Administration may
direct as a means of enforcing such provisions including sanctions
for noncompliance: Provided, however, that, in the event a contractor
becomes involved in, or is threatened with, litigation with a sub-
contractor or supplier as a result of such direction, the contractor
may request the State to enter into such litigation to protect the
interests of the State, and, in addition, the contractor may request
the United States to enter into such litigation to protect the interests
of the United States.
20. Railroad company bills.
a. The company may submit monthly bills prepared in satis-
factory form for work performed in compliance with this agreement
provided !::he cost to be billed exceeds $500.00. Upon receipt of said
monthly bills, the State will make a payment to the company. The
amount of such payment may be up to 90% of the cost of the work per-
formed and as covered by said bill. Subsequent to the final audit the
State will make final payment to the company for work performed and
materials furnished in accordance with this agreement and approved
plans and specifications and approved changes thereof.
b. In the event that the company does not desire monthly
payments, then upon satisfactory completion of the work performed by
the company under this agreement and receipt of a statement in proper
form, the State shall make payment to the company. The amount of said
payment may be up to 90% of the cost of such work. Subsequent to the
audit the State will make final payment to the company for work per-
formed and materials furnished in accordance with this agreement and
approved plans and specifications and approved changes thereof.
Warning System D-5RR
Off Federal System 7 Revised 11-9-78
IN TESTIMONY WHEREOF, the parties hereto have caused these
presents to be executed in triplicate on the day above stated.
SOUTHERN PACIFIC TRANSPORTATION THE STATE OF TEXAS
COMPANY
By:
(Title)
RECOMMENDED:
/. Certified as being executed for
�� the purpose and effect of acti-
L�""d. eating and/or carrying out the
orders, established policies, or
Assistant Manager work programs heretofore approved
Contract Dept.
and authorized by the State Highway
and Public Transportation Commission:
(Title)
APPROVED AS TO FORM:
Attorneys for Company
CITY OF BAYTOWN
By:
Bridge Engineer
Under authority of State Highway
Public Transportation Commission
Minute Order No. 70104, dated June 20,
1975
RECOMMENDED FOR APPROVAL:
L�ZYxCi�
District Engineer
rvising Office Engineer
Director, Finance
GPI
and
Warning System
Off Federal System
8
D-5RR
8-16-78
•
•
A_
a
APPROVED FOR:
SOUTHERN PACIFIC TRANSPORTATION CO.
ENGINEER OF SIGNALS
1,1
•
•
k
S
INDEX OF SHEETS
SIEEf Na DESCRIPTION,
4
1:00001100.1. MOO
TITLE SHEET
LAYOUT SHEET
MIRING DIAGRAM
RR - SIG - 75
STATE OF TEXAS
STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION
PLANS OF PROPOSED
STATE HIGHWAY IMPROVEMENT
FEDERAL A/D AQOJECT NQ RR0 OOOS (3 7)
COA/TROL NO 902- 7/-49
NARK/S COUNTY
MA/N STREET AND SOUTHERN PAC/P/C
TRQ/t/SPORTAT/OAJ Cj.4q/PA/Vv TRACK /N /3A`/TOWN
GRADE CROSSING PROTECTIVE DEVICES
C/TY STREET - RAIL Roca) 6R.ADE CROSS/MC
MA/N STREET AT THE SO!/TN P#. PAC/F#G
TRAA,scoQT.Arto/V CQNRA/VY T)QACk /N
8AyTOW/v
LAYOUT SCALE I RE- FT.
.1104114
12 w+siRR/s :3A,
DOT IVO. 762 8306
EXHIBIT B
THE RAILROAD COMPANY SHALL ERECT AID MAINTAIN
SUCH BARRICADES AND WARRING SIGNS OR USE SUCH
PRECAUTIONS AA MIGHT ME NECESSARY, IN TIE OPINION
OF THE STATE HIGHWAY ENGINEER, TO INSURE AND
SAFEGUARD THE NORMAL USE OF THE HIGHMAY DURING
THE INSTALLATION OF THb PROJECT.
THE ASSOCIATION OF AME7oGN RAILROADS, SIGNAL
SECTION, SPECIFICATIONS SNAIL GOVERN MR TINS
PROJECT
Wan aeNPRIMrT v NNIN
400 RAIL 1RARNNNIATIGR
J4-4 /.f.# ..� p-�,, _yyz,
o.. • I,.. - --
L
C/TY OF $AYTOWI F
1470
RAD
• 30'
II-- /6•
A eeo/t
30'
,6• I �v
vNAMf I
I
TYPICAL SE C7/OA/
GOB/7- '7/ZEE?
/4cp Stoop h,,
SOUTH
£/'J AQGED GAVOUT
Sc0/e h"- /O'
1470' GRAD£ CROSS/AA fi+�P O %R C/RC4',7- 40 51 C AT ORION
J
',
TA' - •.. PO .TAT/Ohl! /44/A/ LINE TRACK
One Story .&o .
wwCIA//TV LAVO[/T
Yew/-30•
c
zio, SYgo G:nel ^,fA
AI^l STRi j n
v
',.-PROPOSED INSTRUMENT CASE
40'
GENERAL NOTES
l S,9no/ circui/5 ore desigQned to QqIree 32 seconds 40er0l0O
p or to orrivo/ of the fbs/es/ tro•O of hhiS C/a sss»q uS
8 seconds odder" for ,ns/,,,e'en/ /09.
2 Grode crossing predictor titre,%rs ore fa be used on
this project:
3 Trorf c Doto.• 9650 4019 en Al Ma,,' Street and //BO 4p0 on
Lobvf Street of 30 MPH old 2 so1c n9 ~see per day or
25 MPH.
A 4•, I42'me/o/ condo,/ /o be /Lrnished and placed by the
Po,7rood Company of 30'be/aw fop of tie a/evotian.
5 Fi// for ins f men/ case ono s 'ono/ fouado/,a's, ifre9uired,
A' be Furnished pod placed by "'he S/ate.
G The Poi/rood Company will remove /he exishhq eros3buck
Signs and d'.Scbse of /he foundot,ons
7 The Stole xa// furnish a•-'d ,nsfa4 pavement rna.*e,9e old
odvaoce wom'n9 signs. The City w/'mointoin the
Pavement workings and advance warning 5/9rs OS
,n5/0//td.
DESCRIPT 1O J OF PROJECT
Two Floch/no Ligqht S/qqno/s, Type A (AAA' /6531 and Tiro Ftashin9
Light Sign/s, Ty,se E (AAR/746) with he f`aot,enoth con/ -
/ever orm5.
/omp ossemb/%es with high ,o/ensi/u roundels Ore foie
,Oslo/led with /he /ens spewods os show✓. Iieraez
Ton belts as shown hereon.
Lorne housings shall be ego,d with 25 waft/rph/ 9bbs,
operated
0 nimum of 9.0 volts under ,r,n.'o/ rloCrof��9
40•
27 J 20
Asp bon' 1Rsves..d
TyP/CAL SECTIOA/
A/. MA'/ STREET
REV/SED 3-14-79
LAYOUT SHEET
AUTOMAT/G PROTECT/11E DEVICES
AT THE INTERSECTION OF Al MA/A/
STREET AND THE SOUTHERN PACIF/G
TRANSPORTATION COMPANY GRADE
CROSSING AT G06/T STREET. IN
BAYTOWN, TEXAS
DOTA.0 7a 2 8306 2 •
RA/C/A: AX E-ROST , ""' , ^-0 000373•T 1
T8A 22.09 i2Nyrr/s 912 7% d3'---
•
•
•
la .•so60
PPM
LrA, •vt
a.. NW... 1
it --'r` f
Y •' A
� { :y
0 ♦ Ala
TnA-za.lzet LG
L .o0P20.
9. 2T ST
3.96
♦6. La.a0
LEGEND
► *GCP UNIT
4 6 PREDICTION LIMITS
KDAAI ADJ. CRCGSMG CARD
r.2 WIDE BAND SHUTS
4 T.4 WIDE BAND SHUNTS
.1 WIDE BAND SIIUR
Q .NARROYw BAND SHUNT
OL • OVERLAY
• MOTEN SENSOR
` •HARDWIRE SHUNT
AT NOT EQUIPPED WITH LOOK
or OPERATION TO BE IN ACCONM12
WITH RULE I04-F
. APPROACH SELECTEI. GCP
ENI.ION.
p.�tA�'t.•N.•
LEGEND FOR POLE LINE CIRCUITS
OPEN UNE ON SIGNAL POLES
OPEN LINE DN W.U. POLES
AERIAL CABLE ON W U POLES
AERIAL CABS ON SIGNAL POLE
50URCE D UNITS OF AC SEINKE ♦ -
SOUTHERN PACIFIC TRANSPORTATION COMPANY
BAYTOWN BRANCH
SCALE I'300' 6-IS-76
LOWY B R. NAN 6T TBA-22.08
CC
HE
22
24
1126f.3A
Tc+ - —T — — �•L
J, A
es.
Pta lac New N N.
3-01
t.
1 TRADE
CNN
LEGEND
► GCP UNIT
4 = PREDICTION LIMITS
KDAAI ADJ. CRKE.SING CARD
-8, 2 WIDE BAND SHUNTS
-0=4 WIDE BAND 51RNNT5
: I WIDE BAND SHUNT
O .NARROW BAND SHUNT
OL -OVERLAY
.MOTION SENSOR
C •HARDWIRE SHUNT
NOT EQUIPPED WITH LDIX
OPERATION TO BE IN ADLOIWICE
WITH RULE I04-F
• APPROACH SELECTEE CCP
REVISIONS
LEGEND FOR POLE LINE CIRCITS
OPEN LINE ON SIGNAL POLES
OPEN LINE ON W.U. POLES -------
LIMITS AERIAL CABLE ON W U POLES
AERIAL CABLE ON SGNAL POLES . T ■ t I
SOURCE AND OF AC. SEMIS #' 1r•
T-26-T8 LR,QP
•
LLNI W
F RA
L DV,.�-. l-PR�r+T ..tL 4(,44- ws c et .
se-za.a ..r
�,••..
L LOOPZOI
rB.-73.96
SOUTHERN PACIFIC TRANSPORTATION COMPANY
BAYTOWN BRANCH -
SCALE- I•• 1000'
tOETE-E•T `S.S-LiOS. rP. ty„ A
cE
6-15-7
8 TW. 3-2 IzdIT
Sn[f� 6
AINTNIANT
•
I
mE Of
AMMO•A•m
Cnoura Lime.
Ha11WAY CROSSING SIGNAL
TYPE A (AAR 1653)
emits
•
re‘
G
riTa• LIGOTS
OFTION•1. ran Lc«cT«s
Oven CO'
Q. OPAL
wm« MwvCe noncom
CON ar
r•vm •raalCon
BMW YAWLS
ascot a,t,•m,e ti R C •! rarer«. K ro,.rrm
Y- rot
• e•KRwt--1 ay'Wi
LX•CL
i�
E—PODMO v«ae —j a ,rs..l — YFr
macro ;I;
ROAD WOO..
' ,l (ua,rw ,i.¢
e.wCCM
Yin
srtea
HIGIMAY C10SSIIG SIGNAL
wn. Son
TYPE F (AAR 1489)
YM
w
GENERAL NOTES
All signals and Installations shall conform to the
Association of American Railroads Signal Section Specificotibns. •
Unfinished metal parts stall receive a prime coat of
point and a finish coat of aluminum point Finished aluminum
pats will not require painting.
Railroad Company standard type signal foundations may
be used. Concrete foundation surfaces exposed to view shall be
ftnie.hed by rubbing with a corborundum stone ar equal
abrasive until a smooth uniform appearance results.
Top of foundation to be at the same elevation es the
traveled way and no more than 4 inches above the surface of the
ground.
L
TEXAS HIGHWAY DEPARTMENT
HIGHWAY -RAILROAD CROSSING SIGNALS
STANDARD TYPES
RR —SIG-75
leatiVAY CROSSING SHWA
CnrTAo en ta'Y
TYPE E (AAR 1746)