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R2001-0089 07-09-01 RESOLUTION NO. R2001-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH BURLINGTON NORTHERN AND SANTA FE RAILROAD, FOR A NEW RAILROAD CROSSING AT THE INTERSECTION OF THE RAILROAD AND ORANGE STREET. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract by and between the City of Peadand and Burlington Northern and Santa Fe Railroad, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a contract with Burlington Northern and Santa Fe Railroad, for a new railroad crossing at the intersection of the railroad and Orange Street. PASSED, APPROVED and ADOPTED this the ¢ ~dayof (~~ , A.D., 2001. TOM REID MAYOR ATTEST: // // ~I-Y SB6'RETARY f_./ APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY ORIGINAL 0 COPY AGREEMENT INSTALLATION OF CROSSING SURFACE MATERIAL ORANGE STREET GRADE CROSSING DOT NO. 02~ 205H, RAILROAD MILEPOST 1035 PEARLAND, TEXAS This is a letter agreement wherein The Burlington Northern and Santa Fe Railway Company, hereinafter called Company, agrees that the existing crossing surface at Orange Street is to be removed and new concrete crossing smface is to be installed to a crossing surface width of 40 feet on the two tracks for a total crossing surface length of 80 feet. To accomplish fids work, the City of Pearland, Texas, 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 crossing surface material including upgrades to the track to accommodate new concrete crossing surface material, to adequately include all vehicular driving lanes, based on a width of 40 feet from the end of crossing to end of crossing, including walkways. As requested by Agency, Company shall raise the elevation of the concrete crossing surface two (2) inches above existing elevation. 2) The Agency will pay the Company $300 per foot for the total crossing surface length (approximately 30% of the total estimated cost of the project) for work descril~l above for a total cost of $24,000 ($300 x 80 feet = $24,000). 3) The Company will order the concrete 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 maintenanee, 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 mason of any law, ordinance, regulation, order, grant, or by other means or sources. 5) The Agency will provide all barricades, lights, and traffic control devices necessary for detouring vehicular traffic at the crossing, during construction of the crossing involved. This work will be performed at the expense of the Agency. 6) The Agency further agrees to allow the Company to drain the crossing area into the existing Agency storm sewers, ff available, near the crossing. The drain pipes and filter fabric will be furnished and installed by the Company. 8) The Agency agrees to furnish and place asphalt on roadway approaches to match the elevation of the new concrete crossi~g surface. 7) The Company, at its own cost and expense will furnish and place asphalt beneath the track structure to provide further subgrade stability. The additional loadings from the new concrete crossing surface will require the use of track panels, consisting of 10-foot limber cross ties. 9) Both parries agree to the requiremems 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 slated herein, ff fids is satisfactory and agreeable to the Agency, please indicate concurrence in the space provided. The Burlington Nomhe~g.aad Santa Fe City of Pentland Railway Comp~5~''~ Date: duly 10, 2001 A~"MT~}m, Date: