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HomeMy WebLinkAbout7862RESOLUTION NO. 78 62 A RESOLUTION APPROVING AN AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY AND SOUTHERN PACIFIC TRANSPORTATION COMPANY, TO CONSTRUCT A BICYCLE TRAIL UNDERPASS AS PART OF THE RUNYON TRAIL PROJECT AND AUTHORIZING THE PRESIDENT OF COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO, that: SECTION 1 An agreement dated May 13,1996, between the City of Pueblo, a Municipal Corporation, and the Denver and Rio Grande Railroad and Southern Pacific Transportation Company, of which a copy is attached hereto and on file at the office of the City Clerk, having been approved as to form by the City Attorney, is hereby approved. SECTION 2 The President of the City Council is hereby authorized to execute and deliver said Agreement on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest same. SECTION 3 This resolution shall become effective upon final passage. INTRODUCED: MAY 13, 1996 BY: Al Guni1P COUNCIL PERSON APPROVED: P SIDENT OF CITY COUNCIL ATTEST: ITY CLERK Page l of 2 THIS AGREEMENT, made this 13t-h_ day of K-1�7 , 199 b) and between THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY and SOUTHERN PACIFIC TRANSPORTATION COMPANY herein termed " Railroad " and THE CITY of PUEBLO, a political subdivision of the State of Colorado, herein termed "City if ; RECITALS: The parties hereto desire to set forth by this instrument their uc,: cements with respect to the construction of a bicycle trail underpass, hereinafter refericd is �.s "structure ", where same crosses beneath tracks of railroad at or near Pueblo, in the Coui,t: of Pueblo, State of Colorado. By separate instrument, Railroad will grant to City an easemcrrt for the contruction, reconstruction, maintenance, and use of said structu: e. AGREEMENT: 1. Except as h - - ein otherwise provided, City shall furnish or cause to be furnished all labor, tools materials, and equipment for the construction of said structure. Said structure shall be constructed in a manner to accomodate Railroad's tracks and in accordance with plans and specifications which shall be subject to the approval of Railroad. A print of Railroad's Drawing No. A- 15032, dated February 09, 1996, is attached and hereby made a part h; � eof. 2. Railroad shall furnish or cause to be furnished, as necessary due tc 0 ,; , construction of said structure, including but not limited to engineering inspection and fl� ,Tgi , ILs required. City shall reimburse Railroad for the cost and expense incurred by Railroad ir, ccia cction with the construction of said structure. 3. All work contemplated hereunder shall be performed in a good <<n workmanlike manner to the satisfaction of the parties and each portion shall be properly c.:,rnmenced by the party hereto obligated to do same and thereafter diligently prosecuted to ( onclusion in its logical order and sequence. Page 2 of 2 4. City will give reasonable notice to Railroad's Engineer before commencing any work in connection with said structure upon or adjacent to Railroad's property and sh 1 observe Railroad's rules and regulations with respect thereto. All work upon said structure shall be done at such times and in such manner as not to interfere with or endanger the opera,.i;.ns of Railroad. S. Any Contractor performing work on the property of Railroad -).1 ) , 'calf of the City in connection with work contemplated hereunder shall execute Railroad's st .nda cI form of Contractor's Right -of- Entry Agreement prior to commencing any worl: - )n Railroad's premises. 6. Upon completion of the construction of said structure, City, at it expense, shall maintain same, including pavement, drainage, lights, fences, and all bicycle trail underpass facilities and Railroad, at its expense, shall maintain its tracks, railroad drainage and al; railroad facilities. 7. This Agreement shall be binding upon and inure to the benefit of she successors and assigns of Railroad and the assigns of City. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate the day and year first herein written. THE DENVER & RIO GRANDE WF,F "ERN RAILROAD COMPANY B y - Title > MANAGER - CONTRACTS SOUTHERN PACIFIC TRANSPORTATION COMPANY By Title) MANAGER - CONTRACTS p bv- , Form CITY of PUEBLO -�.- --- - -- y- -- ( 04 -03 -1996 11:27 415 541 1501 ONO NO _ YR _ RTi WC MF: 118,19 STATION: PUEBLO JCT, CO DIVNi DENVER VAL SEC, CO -3 ENG SIGNALS SF PAGE I OF 1 DETAIL OF ESTIMATE CONSTRUCT BICYCLE PATH UMDERCROSSING I M.P. WC- 118171 P.02 PROJECT: PUEBLO BY: THA 04/03/96 F30# FILE # 909 496/323.2 DRAWING: DATE: LABOR MATERIAL OTHER NON -CASH BIN DESCRIPTION UN QTY' COST COST COST COST TOTAL BIN TOTAL CASH - -- WORK TO BE PERFORMED - -- 644 B & B WATCHMAN DY 10,000 1,280 1,280 1,280 ENGINEER INSPECTOR DY 21000 312 312 312 MEALS & LODGING LT 1,000 134 134 134 VECHILE & MILEAGE LT 1.000 90 90 90 ADDITIVE (CITY) 1,000 1,952 1,952 1,952 CONTINGENCIES 11000 377 0 377 371 "TOTAL FIN 644 1,592 0 2,553 0 4,145 4,145 "DEBIT RBCOLLECTIBLE 1,592 0 2,553 0 4,145 4,145 .......... ., .... ................ rnw........ rw........ rerw........ ow........ w....... ..we"..........m.w.......an.... 1 oI ' _ I may, I I 1 I i i I 1 ,u I E~T CSQGVL - ON H30H03H 1SOd H71t131310 x A m o W m < z Y w u u o5w `/ Z W ozw a WZ �mzz� ;;w� J O 0 L t w W MYya¢ � ■ W Z 7 c L) `G U o o O W U N a > W O ¢ < O W ¢ I i i I 1 ,u I E~T CSQGVL - ON H30H03H 1SOd H71t131310