HomeMy WebLinkAboutResolution - 2006-R0145 - Contract Agreement - Railroad Crossing Improvements - 03_23_2006Resolution No. 2006-RO145
March 23, 2006
Item No. 5.21
RESOLUTION
WHEREAS, the City Council of the City of Lubbock is of the opinion that it is in
the best interest of the citizens of the City of Lubbock and is in the public interest to
participate, in an amount not to exceed twenty-five thousand six hundred and no/100
dollars ($25,600.00), with BNSF Railway company in the construction of improvements
to the BNSF rail crossing with Avenue U, NOW THEREFORE;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, an Agreement for the
improvement of the railroad crossing at Avenue U (DOT#014930Y), by and between the
City of Lubbock and BNSF Railway Company, and related documents. City participation
in the said improvement shall not exceed twenty-five thousand six hundred and no/100
dollars ($25,600.00) Said Agreement is attached hereto and incorporated in this
resolution as if fully set forth herein and shall be included in the minutes of the City
Council.
Passed by the City Council this
23rd day of March _'2006.
TOM MARTIN, MAYOR PRO TEM
ATTEST:
Re ecca Garza, City Secret
APPROVED AS TO CONTENT:
arty Herte KCity Engineer
APPROVED AS TO FORM:
M. Knight,
Attorney
as:ccdocs/RR Agrmt-Closure Ave U, Improving Ave P
23 February, 2006
to Resolution No. 2006-RO145
LAW DEPARTMENT APPROVED
FOR TKDA USE ONLY
CROSSING SURFACE INSTALLATION AGREEMENT
BNSF RIGHT-OF-WAY
AVENUE U
DOT NO.014930Y
MP 88.093
This Crossing Surface Installation Agreement (hereinafter called, this "Agreement") is entered into
effective as of Apbl 4 , 20OG by and between CITY OF LUBBOCK, TEXAS (hereinafter called,
"Agency") and BNSF RAILWAY COMPANY (hereinafter called, the "Company").
WHEREAS, Company operates a freight transportation system by rail with operations throughout
the United States and Canada; and
WHEREAS, Agency and Company desire to replace the existing crossing surface at
Avenue U with a new concrete and rubber crossing surface;
NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties
contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree as
follows:
1. Company Work. The Company will install a new concrete crossing surface for a width
of 64 feet from the edge of the pavement on the East side of the tracks to the edge of the pavement on the
West side of the tracks. The new crossing surface will adequately cover all vehicular driving lanes at
Avenue U. The Company will perform all necessary track upgrades to accommodate the new crossing
surface
2. Payment; Invoicing. Upon execution of this Agreement by both parties hereto,
Company will send Agency an invoice detailing the total amount owed by Agency for the new
crossing surface.
Agency agrees to pay Company Four -hundred and No/100 Dollars 00 per foot for the new crossing
surface. Agency's total cost for the new crossing surface is Twenty-five thousand, Six -hundred and
No/100 Dollars ($25,600).
3. Maintenance of the Crossing Surface. After installation of the new crossing surface is
completed, the Company will maintain, at its own cost and expense, the crossing surface in a satisfactory
manner for the useful life of the crossing surface material. Notwithstanding the preceding sentence, the
Company shall be entitled to receive any contribution toward the cost of such maintenance made
available by reason of any existing or future laws, ordinances, regulations, orders, grants, or other means
or sources.
4. Drainage. The Agency agrees to allow the Company to drain water from the Avenue U
crossing area into existing Agency storm sewers, if such storm sewers are available. Drain pipes and filter
fabric necessary for such drainage will be furnished and installed by the Company.
Form 0108 Rev. 01/20/05
LAW DEPARTMENT APPROVED
FOR TKDA USE ONLY
5. Term. This Agreement begins on the effective date set forth above and remains in effect until
completion of all work contemplated in this Agreement and Agency's payment of the amounts set forth in
Section 2 above.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by
its duly qualified and authorized officials as of the day and year first written above.
ATTEST:
Reb cca Garza, City Secretary
APPRO)k D AS TO ONT
arry e e , ity ngine
APPROVED AS TO FORM:
ohn M. Knight, A istant ity Attorney
COMPANY:
BNSF RAILWAY COMPANY:
By:�r-''J
Printed Name: —ri ct
Title: c �fc` PTr
AGENCY:
CITY OF LUBBOCK, TEXAS
r
TOM MARTIN, MAYOR PRO TEM
Form 0108 Rev. 01/20/05