Ordinance No. 7,247950309 -2
ORDINANCE NO. 7247
• AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH
SOUTHERN PACIFIC TRANSPORTATION COMPANY TO UPGRADE THE
SIGNALIZATION AND CROSSING ON MASSEY TOMPKINS ROAD;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF
ONE HUNDRED SIXTY THOUSAND THREE HUNDRED THREE AND N01100
DOLLARS ($160,303.00) ; MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown,
Texas, hereby authorizes and directs the Mayor and City Clerk of
the City of Baytown to execute and attest to an agreement with
Southern Pacific Transportation Company to upgrade the
signalization and crossing on Massey Tompkins Road. A copy of said
agreement is attached hereto, marked Exhibit "A," and made a part
hereof for all intents and purposes.
Section 2: That the City Council of the City of Baytown
authorizes payment to Southern Pacific Transportation Company of
the sum of ONE HUNDRED SIXTY THOUSAND THREE HUNDRED THREE AND
N01100 DOLLARS ($160,303.00), pursuant to the Agreement.
Section 3: That pursuant to the provisions of Texas Local
Government Code Annotated § 252.048, the City Manager is hereby
granted general authority to approve any change order involving a
decrease or an increase in costs of FIFTEEN THOUSAND AND N01100
DOLLARS ($15,000.00) or less, subject to the provision that the
original contract price may not be increased by more than
twenty -five (25 %) or decreased by more than twenty -five (250)
percent without the consent of the contractor to such decrease.
Section 4: This ordinance shall take effect immediately from
and after its passage by the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown this the 9th day of March,
1995.
,vim.
PETE C. AL FARO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
•
APPROVED AS TO FORM:
CIO RAMIREZ, S City Attorney
legal / council /3- 9- 95autulGREEsouthern
•
950309 -2a
Page 1 of 2
CONSTRUCTION
THIS AGREEMENT, made this o22T" day , 1995, by and
between SOUTHERN PACIFIC TRANSPORTATI COMPANY, herein called "Railroad,"
and the City of Baytown, a political subdivision of the State of Texas herein termed "City";
RECITALS:
The parties hereto desire to set forth by this instrument their agreement with respect to the
widening and upgrade of MASSEY TOMPKINS ROAD, where same crosses tracks of Railroad
at or near Baytown, in the County of Harris, State of Texas (crossing TBA-19.94, DOT #762
822P).
AGREEMENT:
1. Railroad shall furnish the necessary labor and materials, tools and equipment and shall
perform the following work:
A. Relay of rail.
B. Resurfacing and reconditioning of track in crossing area.
C. Installation of concrete crossing surface.
D. Installation of crossing warning system.
2. City agrees to pay Railroad a lump sum of $160,303 upon execution of this agreement
which covers the cost and expense incurred by Railroad in performing the work outlined in
Article 1 above.
3. The work to be performed by Railroad hereunder shall be commenced as soon as labor
and materials are available following execution of this instrument and shall be completed within
one (1) year thereafter.
4. Any contractor performing any work on the property of Railroad on behalf of the City
in connection with work contemplated hereunder, shall execute Railroad's standard form of
contractor's right -of -entry agreement prior to commencing any work on Railroad's premises.
5. This agreement shall be binding upon and inure to the benefit of the successors and
assigns of Railroad and the assigns of City.
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
in duplicate the day and year first herein written.
SOUT ERN PACIF C TRANSPORTATION COMPANY
by
(Title) RI nager-Contracts
CITY OFBAYTOWN
by /J-1,Cc. C1.
(Title)