HomeMy WebLinkAbout8147RESOLUTION NO. m y
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY
OF PUEBLO AND THE BURLINGTON NORTHERN AND SANTA FE
RAILWAY COMPANY CONCERNING IMPROVED RAILROAD
CROSSINGS ON ERIE AVENUE AT 4TH STREET AND 8TH STREET
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1
An Agreement dated June 9, 1997, a copy of which is attached hereto and made a part
hereof, after having approved as to form by the City Attorney, by and between Pueblo, a
Municipal Corporation, and the Burlington Northern and Santa Fe Railway Company, concerning
improvements to the railroad crossings on Erie Avenue at 4th Street and 8th Street, is hereby
approved.
SECTION 2
Funds for the City's share of the proposed improvements in the amount of $30,000 shall
be paid from Account No. 004 -1996- 400 - 000 - 040 -6743.
SECTION 3
The President of the City Council is hereby authorized to execute said Agreement on
behalf of Pueblo, a Municipal corporation, and the City Clerk shall affix the seal of the City
thereto and attest the same.
INTRODUCED June 9 , 1997
By Charles Jones
Councilperson
APPROVED:
Pre ident the Council
ATTEST:
City Clerk
AGREEMENT FOR THE INSTALLATION OF
CROSSING SURFACE MATERIAL ON
THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY
ON ERIE STREET, DOT #
AT 4th Street nd 8th S treet MP
This is a letter agreement wherein The Burlington Northern and Santa Fe Railway Company, hereinafter called Company, agrees
that the existing crossing surface at Fri a street is to be removed and new concrete /rubber crossing surface to be installed
to a crossing surface width of feet on each of the track(s) for a total crossing surface length of feet. To
accomplish this work, the City /County of Pi,ehl n SQ_ hereafter called Agency, and the Company, agree as follows:
• 1) The work will be performed at the expense of the Company. Said work will consist of the installation of concrete /rubber
crossing surface material including upgrades to the track to accommodate new concrete /rubber crossing surface material, to
adequately include all vehicular driving lanes, based on a width of feet from the edge of pavement to edge of pavement.
• 2) The Agency will pay the Company $ per foot for the total crossing surface length for work described above for a
total cost of $ 30, 000
• 3) The Company will order the concrete /rubber crossing surface material from a qualified supplier and after receipt of the
material, the Agency will be billed on basis of Paragraph 2 above.
• 4) The Company, at its own cost and expense, will maintain the crossing surface in a satisfactory manner and will make ample
provisions for such maintenance, provided, however, that the Company shall be entitled to receive any contribution toward the
cost of such maintenance as may be now or hereafter made available by reason of any law, ordinance, regulation, order, grant,
or by other means or sources.
• 5) The Agency, at its own cost and expense, will provide all barricades, lights, flagmen or traffic control devices necessary for
detouring vehicular traffic at the crossing, during construction of the crossing involved.
• 6) The Agency further agrees to allow the Company to drain the crossing area into existing Agency storm sewers, if available,
near the crossing. The drain pipes and filter fabric will be furnished and installed by the Company.
• 7) The Agency, further agrees to furnish and place, at their expense, asphalt between the saw cut in the existing roadway
surface and the new concrete /rubber crossing surface, plus the area between the tracks if there is more than one track.
• 8) The Agency shall execute or require its agents or contractors to execute the Company's "RIGHT OF ENTRY AND
RELEASE OF CLAIM AND INDEMNITY (Form BNSF1624V Rev. 1/97)" which must be approved by the Company prior to
the Agency, or its agents or contractors performing any construction work on the Company's property.
• 9) Both parties agree to the requirements of Title VI of the Civil Rights Act of 1964, which by reference is
made a part of this agreement.
The work proposed above is agreeable to the Company under the terms and consideration stated herein. If this is satisfactory and
agreeable to the Agency, please indicate concurrence in the space provided.
Pueblo /Pueblo _Co__
City / unty .State
�•
Title President of the Council
Date June 9, 1997
Attest:
Title Ci ty C rk RRee solution
MOTION/ NU. 21-47
APPROVED June A , 1997.
The Burlington Northern and Santa Fe
Railway Company
Vice President and Chief Engineer
Date
Approved BNSF Law Department
April 9, 1997