Resolution 2024-02 RESOLUTION NO.2024-02(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,
HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE TO
EXECUTE THE GRADE CROSSING CONSTRUCTION AGREEMENT
BETWEEN THE KANSAS CITY SOUTHERN RAILWAY COMPANY AND THE
CITY OF WYLIE, TEXAS CONCERNING THE CONSTRUCTION OF THE
RAILWAY CROSSING OF EUBANKS LANE, NORTH OF CENTENNIAL
DRIVE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE,TEXAS:
SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on
behalf of the City Council of the City of Wylie,the Grade Crossing Construction Agreement between The
Kansas City Southern Railway Company and the City of Wylie, Texas concerning the construction of the
railway crossing of Eubanks Lane, north of Centennial Drive. See Exhibit "A" - Grade Crossing
Construction Agreement.
SECTION 2: This Resolution shall take effect immediately upon its passage.
DULY PASSED AND APPROVED by the City Council of the City of Wylie,Texas,this 23rd
day of January,2024.
Ma ew Porter,Mayor '
ATTEST TO:
Stephanie Storm,City Secretary
Resolution No. 2024-02(R)Agreement with KCS for Eubanks Lane Page 1 of 2
EXHIBIT"A"
Grade Crossing Construction Agreement
Resolution No.2024-02(R)Agreement with KCS for Eubanks Lane Page 2 of 2
GRADE CROSSING CONSTRUCTION AGREEMENT
This AGREEMENT is entered into this day of 2024, by and
between THE KANSAS CITY SOUTHERN RAILWAY COMPANY ("KCSR") d/b/a
("CPKC") (herein sometimes called "KCS"), a Missouri corporation to be addressed at 4601 Hilry
Huckaby III Drive, Shreveport LA 71107, and CITY OF WYLIE, TEXAS (herein sometimes
called "City"), to be addressed at 300 Country Club Rd., Building 100, Wylie, TX 75098 (KCS and
City each being sometimes referred to herein individually as a"Party"and sometimes being referred
to herein together as the"Parties").
WHEREAS, Eubanks Lane in Wylie, Texas, is being widened from a two-lane thoroughfare
to a four-lane divided thoroughfare; and
WHEREAS, said four-lane divided thoroughfare shall cross tracks utilized by KCS at
approximate railroad Mile Post 200.02 on the Alliance Subdivision, DOT Crossing No. 789654 P
(the "Crossing"); and
WHEREAS, City desires to provide for the reconstruction of the at-grade highway-rail
crossing where the said Eubanks Lane crosses track utilized by KCS; and
WHEREAS, KCS has agreed to perform the work necessary for such reconstruction, but
only as subject to the following terms and conditions of this Agreement.
NOW,THEREFORE, the Parties agree as follows:
1. KCS shall provide the necessary materials and labor to perform the necessary
construction of the grade crossing surface from end of tie to end of tie for the Crossing. KCS's
estimate of the costs required to perform said work is attached hereto as Exhibit A. The Parties
acknowledge that Exhibit A is only an estimate, and that the City shall be responsible for the
actual cost of the labor, material and other expenses incurred by KCS for the grade crossing
surface construction, determined according to the methodology shown in Exhibit A, whether
such actual cost is more or less than shown on Exhibit A.
2. KCS shall provide the necessary materials and labor to construct the grade crossing
warning devices for the Crossing. KCS's estimate of the costs required to perform said work is
attached hereto as Exhibit B. The Parties acknowledge that Exhibit B is only an estimate, and
that the City shall be responsible for the actual cost of the labor, material and other expenses
incurred by KCS for the grade crossing warning device construction shown on Exhibit B,
determined according to the methodology shown in Exhibit B, whether such actual cost is more
or less than shown on Exhibit B.
Page 1 of 4
3. Prior to KCS performing any work on this project, City will deposit with KCS ONE
MILLION, TWO HUNDRED TWENTY-TWO THOUSAND, SEVEN HUNDRED AND
TWENTY-TWO DOLLARS ($1,222,722.00) to cover the estimated cost to procure and install
the grade crossing surface and grade crossing warning devices, including estimated
transportation, shipping and handling costs for the same (the "associated costs"). In the event
that KCS determines that the cost to procure and install the grade crossing surface and grade
crossing warning devices, including the associated costs, will exceed $1,222,722.00 by less than
$50,000.00, KCS shall give written notice and supporting documentation to the City for its
approval to proceed prior to incurring such additional cost and expenses. The City shall review
and provide written approval within fourteen (14) days to avoid project delays. In the event that
KCS determines that the cost to procure and install the grade crossing surface and grade crossing
warning devices, including the associated costs, will exceed $1,222,722.00 by $50,000.00 or
more, KCS shall give written notice and supporting documentation to the City for its approval to
proceed prior to incurring such additional cost and expenses. The City shall review and provide
written approval within thirty (30) days to avoid project delays. KCS shall be under no
obligation to provide any materials or perform any labor until the City's deposit has been
received and cleared KCS's bank.
4. City shall furnish KCS documentation of federal funds - particularly funds appropriated
under 23 U.S.C. Section 130 -if any,being used to compensate KCS for the project.
5. Upon completion of the installation of the grade crossing surface and grade crossing
warning devices, KCS shall determine the actual cost of the crossing surface and grade crossing
warning devices, including associated costs. If that actual cost and associated costs together
exceed $1,222,722.00, then, so long as KCS has complied with the notice and approval
procedures set forth in Section 3 above, KCS shall invoice the City for the additional amount by
which the actual costs together with associated costs exceed $1,222,722.00. If KCS issues such
an invoice to the City, the City shall pay such invoice within sixty (60) days. If the actual cost of
the project, together with associated costs, is less than $1,222,722.00, KCS shall determine the
actual cost and associated costs of the project and advise the City thereof, and shall within sixty
(60) days thereafter issue a refund to the City of the difference between the actual cost-plus
associated costs and the estimated cost of$1,222,722.00.
6. City, at its sole cost and expense, shall provide all necessary materials and labor to
construct the portions of the roadway surface outside the ends of ties. City will install the road
approaches, drainage, pavement markings and arrange for disposal of the spoil (if any), cause the
roadway to remain closed to all vehicular and truck traffic during construction except at times when
KCS and City together agree that work may safely continue while traffic is allowed to pass, arrange
for all construction and warning signs and barricades, and be responsible for any required
notification of the public. In doing such work, the City shall enhance or, at a minimum, shall not
impair or reduce the existing drainage of water away from the track.
7. City shall furnish KCS with a certified copy of a resolution or ordinance adopted by the
governing body of City of Wylie, Texas authorizing the Mayor or City Manager to execute this
Agreement on behalf of City.
Page 2 of 4
8. City shall be responsible for providing and paying for all traffic and pedestrian control
(including but not limited to barriers and flagmen) required during the project, all in accordance
with the Manual on Uniform Traffic Control Devices and other applicable safety standards,
including KCS's. Whenever City's contractor or its personnel or equipment are within twenty-five
feet (25') of any railroad track at the Crossing, their activities shall be attended by a KCS-approved
railroad flagman, hired and paid by the City. The City's contractor and its personnel and equipment
shall clear the railroad track when so instructed by the railroad flagman. City and its contractors
performing any work within the railroad right of way shall carry appropriate insurance which is
sufficient, in the City's reasonable opinion, to fully compensate for any injury to or death of any
person or for any damage to property occurring while City or its contractors are performing any
work within railroad right of way. City shall apply for a Right of Entry (ROE) (including payment
of applicable costs) prior to the City performing any of its work within 25 feet of the nearest rail.
Information and ROE application can be obtained by contacting:
Denise Case
Jones Lang LaSalle Americas,Inc.
(817)230-2614—Office
Denise.case(c�am jll.com
4200 Buckingham Road I Suite 110
Fort Worth,TX 76155
9. Upon completion of the work, the crossing surface, signal, flasher and gate will
thereafter be maintained by KCS throughout their useful life.
10. The City, with the cooperation of KCS, will be responsible for obtaining any required
governmental authorizations, including approval of the Texas Department of Transportation. All
work will be done in accordance with the Manual on Uniform Traffic Control Devices.
11. The City acknowledges that KCS's agreement herein and cooperation with the City's
effort to extend Eubanks Lane is based on the circumstances of this crossing, and is without
prejudice to KCS's right to object and to oppose other expansion of or creation of other at-grade
crossings.
(Remainder of this Page Intentionally Left Blank;
Signatures on Following Page)
Page 3 of 4
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed in
duplicate the day and year first above written.
THE KANSAS CITY SOUTHERN RAILWAY
COMPANY
Name:
Title:
Date:
CITY OF WYLIE, TEXAS
Name:
Title:
Date:
Seen and Agreed.
DALLAS AREA RAPID TRANSIT
By:
Signature
Printed Name
Title
Date
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