HomeMy WebLinkAboutContract 36710 UI I Y 5EURETARY �� O
CONTRACT NO.
LAW DEPARTMENT APPROVED
CROSSING SURFACE INSTALLATION AGREEMENT
BNSF RIGHT-OF-WAY
RYAN AVENUE
IN FORT WORTH
DOT NO.020834K
LS 7262,MP 0.07
This Crossing Surface Installation Agreement(hereinafter called, this "Agreement") is entered into
effective as of February 11, 2008, by and between City of Fort Worth, Texas (hereinafter called,
"Agency")and The 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 install a new concrete and rubber crossing surface at
Ryan Avenue;
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 total of one new concrete and rubber
crossing surfaces for a width of 40 feet each from the edge of the pavement to the edge of the pavement.
The new crossing surface will adequately cover all vehicular driving lanes at Ryan Avenue. The
Company will furnish and place asphalt-stabilized base under the track for the crossing surface renewal.
The Company will perform all necessary track upgrades to accommodate the new crossing surfaces. The
Company contact person to coordinate schedule of work is Roadmaster Phil Dodson at Office: 817-352-
2541 or Cell Phone: 817-313-2450.
2. Payment; Invoicing. Upon execution of this Agreement by both parties hereto,
Company will order materials and upon completion of installing the new concrete crossing surface will
send Agency an invoice detailing the total amount owed by Agency for the new crossing surface. Agency
agrees to pay Company three hundred dollars and no/100 dollars ($300.00) per foot for the new crossing
surface. Agency's LUMP SUM total cost for the new crossing surface is twelve thousand and no/100
dollars ($12,000).
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. 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. Vehicular Traffic during Installation. The Agency shall provide, at its own cost and
expense, all necessary barricades, lights or traffic control devices for detouring vehicular traffic at the
Ryan Avenue crossing during installation of the new crossing surface.
5. Drainage. The Agency agrees to allow the Company to drain water fro1 � �
Avenue crossing area into existing Agency storm sewers, if such storm sewers are available. ram:pipes�,� � �
and filter fabric necessary for such drainage will be furnished and installed by the Company. -'J
Form 0108 Rev. 10/04
03-0�-08 Al 0� 2� I Pd
LAW DEPARTMENT APPROVED
6. Roadway Surfacing Work. The Company will furnish asphalt for the Agency to place
on roadway approaches to the new crossing surface. The Agency agrees to place, at its sole cost and
expense, the asphalt to cover the distance between the roadway surface at Ryan Avenue and the new
crossing surface on both sides of the track. Agency further agrees that both new roadway approaches will
be constructed level with the top of rail of the finished crossing surface.
7. 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.
COMPANY:
The BNSr Railway Compan
By:
imothy J. Huya, managref rPu'SSc—P19>ets
THE LOCAL GOVERNMENT
CITY OF FORT WORTH
Marty Hendrix
City Secretary =NOM&C_Y ;I;QUIRED Fernando Costa, Acting
.._ Assistant City Manager
Contract A Date: 3,14168
Date:
APP7R AS TO ND LEGALITY: APPROVAL RECOMMENDED:
Amy Rams6y, R bert Goode, P.E.
Assistant City Attorney Director, Transportation/
Public Works Department
Date: Date:
All invoices for the project will be sent to:
City of Fort Worth
Tim Oster
Railroad Project Mana er.:
5001 James Avenue MN/
Fort Worth,Texas 761 5 v�1 6' ����
Phone:817-392-6798 � k
Form 0108 Rev. 10/04