Res 035-2021 7th Street Crossing Upgrade 3/16/2021 Resolution No. 35-2021
Resolution authorizing the City Manager to enter into a Crossing
Surface Installation Agreement with Burlington Northern Santa Fe
Railway Company for the upgrade of the 7th Street railroad crossing in
the amount of$385,530.00
WHEREAS, the City of Wichita Falls requested to partner with Burlington Northern
Santa Fe Railway Company for the upgrade of the 7th Street railroad crossing; and
WHEREAS, the agreement is a 50/50 cost sharing between the City of Wichita
Falls and Burlington Northern Santa Fe Railway Company for an amount of$385,530.00
to be paid by the City of Wichita Falls.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager is authorized to enter into a Crossing Surface Installation
Agreement with Burlington Northern Santa Fe Railway Company for the upgrade of the
7th Street railroad crossing in the amount of$385,530.00.
PASSED AND APPROVED this the 16th day of March, 2021.
MAYOR
ATTEST:
iqaAL/3(
City Clerk
Looking east across the 7th Street crossing
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CROSSING SURFACE LNSTALLATION AGREE\IE NT
FORM 010E
BNSF File No.:BF100178.35
'Mile Post 114.23
Line Segment 485
U.S. DOT Number 274983N
Red liver Valley Subdivision
This Crossing Surface IndAllationAEreement(hereinafter called,this"Agreement')is entered into
effective as of March 3,2021,by and between the CITY OF WICHITAFALLS_TEXAS(hereinafter called.
"AGENCY") and BNSF Railway Company(hereinafter called, "BNSF-).
WHEREAS,BNSF operates a freight transportation system by rail with operations throughout the
United States and Canada; and
WHEREAS. AGENCY desires to replace the existing concrete crossing surfaces at 7TH STREET
with a new concrete crossing siwfaces;
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. BNSF Work. the Company will install seven (7) new concrete crossing surfaces for a
width of48 feet on the Irack Numbers 3106_ 3105, 3104, 3103, 3102, 3101, and 31'9 and will install one
(1)new concrete crossing surface for a width of 56 feet on Track Number 3121_ lie new crossing surface
will adequately cover all vehicular driving lanes at 7111 STREET. A crossing layout sheet showing the
surface installations is attached to this Agreement and marked as Exhibit A. The Company will perform all
necessary track upgrades to acconim.odate the new crossing surfaces.
2. Payment; Invoicing, Upon execution of this Agreement by both parties hereto. Company
will order materials and upon completion of in.stalling the new concrete crossing surface will send Agency
an invoice detailing the total amount owed by Agency for the new crossing surfaces_Agency agrees to pay
Company fifty percent(50%) of the actual total cost for the new crossing surface. The railroad cost estimate
is attached to this Agreement and marked as Exhibit B.Agency's estimated total cost for the new crossing
surfaces at 7111 STREET is three hundred eighty-five thousand five hundred thirty and No1100 Dollars
(S385,530.00).
3_ Maintenance of [he Crossing Surface. After installation of the new crossing surface is
completed BNSF will maintain,at its own cost and expense, the crossing surface, against normal wear and
tear, in a satisfactory manner for the expected life of the crossing surface. Notwithstanding the preceding
sentence, BNSF Kali be entitled to receive any contribution toward the cost of such maintenance made
available by reason of any existing or future Iay.-s_ ordinances, regulations, orders, grants, or other means
oI 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 71.11
STREET crossing during installation of the new crossing surfaces.
5. Drainage. The AGENCY agrees to allow BNSF to drain water from the 711{ STREET
crossing area into existing AGENCY storm sewers, if such storm sewers are awilable. Drain pipes and
filter fabric necessary-for such drainage will be furnished and installed by BNSF_
_ Roadway Surfacing Work. and Maintenance. The AGENCY agrees to provide,at its
sole cost and expense_asphalt on both roadway approaches to the new crossing surfaces at 7111 STREET,
including the areas beraveen the tracks_The roadway approaches must be constructed level with the top of
rail of the finished crossing surface_The AGENCY will maintain,at its own cost and expense,the roadway
approaches up to and against the edge of concrete crossing panels on the track.
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.
[RED I?ER OF THIS PAGE LEFT INTENTIONALLY BLANK]
[SIGNATURE PAGE TO FOLLOW]
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 da' and year first written above.
AGENCY:
City of Wichita Falls,Texas
By:
Darron Leiker_
City Manager
All Invoices to be sent to:
City of Wichita Falls
At Darron Leiker
City Manager
P.O_Box 1431
Wichita Falls, TX 76307
Office: 940-761-7404
Fax: 940-761-8833
Email: Marron.leiker wichitafallklx.goy
REMAINDER OF THIS PAGE LEFI III 11=.I TTIONA_LLY BLANK]
(AGENCY Signature Page for 7d'Street Crossing Surface Installation Agreement)
BNSF Railway Company:
By:
Craig Rasmussen,
VP Engineering Services & Structures
[REMAINDER._OF TRE5 PAGE LEFT INTENTIONALLY BLANK]
5-NSF Signature P efr 713 Street—Crs 2Surfa2 luitallation Agreement)
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