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Resolution 2003-19 RESOLUTION NO. 2003-19 (R) A RESOLUTION OF THE CITY OF WYLIE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE KANSAS CITY SOUTHERN RAILWAY COMPANY FOR GRADE CROSSING IMPROVEMENTS AT MCCREARY ROAD. WHEREAS, the City of Wylie desires to have the construction completed on the south bound lanes of McCreary Road located in the City of Murphy; and WHEREAS, the City of Wylie desires to have the existing crossing removed and a new concrete crossing surface and active warning device installed; and WHEREAS, the City of Wylie desires to enter into an agreement with the Kansas City Southern Railway Company for the construction and installation of the signal along with the necessary surface work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, that the Mayor is authorized to sign the Grade Crossing Improvements Agreement with Kansas City Southern, which is attached hereto as Exhibit" A". APPROVED: \\\\\11111/111/ ",~, 0 F W ~~// ,".<.", ....... r / /;; ~ ,,"' .... .... <.../ ~ ~ (; .. .. <<' ~ 2 ... ~~... ~ ~ { SEA L .~ :: _ \iE' ~.:- -:. .". .: ~ ~ .... .... ~ ~; Jt,.y ......... tr-C:> " ////1 1.../ E T'E-'f.. "", 11111" "III \ \\\\\ ATTEST: .'" GRADE CROSSING IMPROVEMENTS AGREEMENT AGREE~NT entered into this 20..th day of October 2003, by and among THE KANSAS CITY SOUTHERN RAILWAY COMPANY, a Missouri corporation herein called "KCS",. CITY OF MURPHY, TEXAS, herein called "Murphy" and City of WYLIE, 'l'EXAS, herein called "Wylie" . WHEREAS, KCS operates a segmeI:1t of track owned by Dallas Area Rapid Transit ("DART") located in Wylie , Texas, which track intersects McCreary Road, an existing public road crossing designated as DOT No. 790-146W, Mile Post 583.27; and WHEREAS, DART has granted Murphy permissio.n to construct a two-lane roadway immediately parallel to the aforesaid roadway and across DART's track at Mile Post 583.27, said roadway to be located within Murphy's city limits and to be designated as an addition to McCreary Road; and WHEREAS, such roadway construction will require the removal of the existing crossing surface and existing active warning devices in Wylie's city limits, as well as the installation of a 96' concrete crossing surface and active warning devices in both cities (the "Work"); and WHEREAS, KCS is agreeable to performing or contracting for and supervising the Work subject to the following terms and conditions of this Agreement, NOW, THEREFORE, the parties agree as follows: 1. Prior to KCS beginning any work on this project, Murphy will deposit. with KCS the amount of THREE HUNDRED FOURTEEN THOUSAND THREE HUNDRED SIX DOLLARS ($314,306.00) to cover the estimated costs of the Work as shown on estimates dated June 24, 2003 and June 25, 2003, marked as Exhibits "A" and "B", attached hereto and incorporated herein by reference. . KCS shall be under no obligation to perform any function unde.r this Agreement until said deposit has been made and cleared in full. 2. KCS shall provide the necessary materials and labor to perform the Work. All Work performed by KCS or its contractor is to be done on weekdays during normal working hours. If e'ither city requires KCS to perform the Work on a weekend, holiday, or at times other than normal working hours, then that city hereby agrees to reimburse KCS for any additional costs, incurred by KCS or its contractors for overtime, holiday or premium pay and any other extra expenses associated with such work. 3. Murphy and Wylie, at their sole cost and expense, shall provide all necessary materials and labor to reconstruct the portions of the at-grade crossing outside the ends of ties. Murphy and Wylie will install the asphalt road approaches, drainage, pavement markings and arrange for all construction and . warning signs, and be responsible for any required notification of the public, within their respective jurisdictions. ' 4. Murphy and Wylie shall.be responsible for providing and paying for all traffic and pedestrian control (including but not limited to barriers and flagmen) within their respective jurisdictions as required during the road closure, all in accordance with the Manual on Uniform Traffic Control Devices and other applicable safety standards. 5. Murphy's deposit shall be drawn down at KCS's exclusive discretion as reimbursement for all of the Work described in Section 2 of this Agreement, including reimbursement for any necessary barricades, ~road closed" signs, or other traffic control devices. Murphy' s deposit shall also be drawn down to reimburse KCS for any flagmen or other supervision provided by or on behalf of KCS to protect the Work area, and for any other expense reasonably incurred by KCSin connection with the Work to be performed pursuant to this Agreement. 6. Upon completion of the Work, KCS shall determine the actual cost of Work performed. Should the actual cost of the Work exceed the estimate, then Murphy will reimburse KCS for its additional costs immediately upon receipt of a bill therefor. 'Should the costs of the Work be less than the estimate, then KCS will refund the difference to Murphy. 7. KCS, at its sole and exclusive option, may perform all of the necessary Work with its own forces, may contract with third parties to perform the necessary Work, or may use any combination of its own forces and outside contractors to perform all of the necessary Work. 8. Murphy and Wylie shall furnish KCS with certified copies of resolutions or ordinances adopted by the governing bodies of each city authorizing the Mayor or City Manager to execute this Agreement on behalf of Murphy and Wylie. 9. Murphy and Wylie shall apply for and obtain all permits, licenses, or authorizations required for the work to be performed under this Agreement, including, without limitation, obtaining Texas Department of Transportation approval. Murphy and Wylie will be responsible for any required notification of the public. [Remainder. of Page Intentionally Left Blank] 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 By: Title: Approved as to legal form: Thomas J. Healey 9-29-03 Associate General Counsel CITY OF MURPHY,~ By: 7":)~~ David Trudeau, Mayor Atte~ By: Title~yt . l),UTI~~ . . . . . . . . . . . . . . . . . . . . . . . . . . . .... . . . . . . . . ... . . . . ': ~ ;-~.:. i':':' . ., ....... . ", . ., ....... . ...... " .. ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CITY OF WYLIE, TEXAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . By: ::~:::::::::::: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Attested: By: Title: EX/lI~/' ",.,;,,,.1:. . KANSAS CITY SOUTHERN RAILWAY COMPANY GRADE CROSSING WARNING DEVICES SIGNAL PROJECT EVALUATION OF COST PROJECT DESCRIPTION & LOCATION I DATE: 6/24/2003 Proposed to Install Four New Flasher Signals With Gates and Install a New 6'*8' Steel Bungalow with Constant Warning Time GCP#3000D2 Unit at the Crossing of KCS Railway Tracks with .Clty Agrees to Extend 12" RCP Culvert Pipe in SW Quad Prior to any Signal Work by KCSR McCreary Road in Murphy, TX, DOT # 790146W MP C-583.27, Transcontinental Division, Alliance Sub Funding: 100% City of Murphy, TX File No. SD-26-5-583.27 KCS Railway Asset #981401 RCL Proiect No. A1582 DESCRIPTION OF MATERIALS (by CONTRACTOR) Qty Unit Price Total 6x8 STEEL BUNGALOW, with GCP #3000D2 Unit with UDA System, and all other equipment required to control waring devices as shown. 1 LOT $ 53,322 $ 53,322 FLASHER & GATE SIGNALS, with 12" LED lights, All Aluminum Gate Arms, LED Gate Lights, Signs, all per State Specifications 1 LOT $ 43,654 $ 43,654 SIGNAL MATERIAL as required for project: foundations, Underground wire & cable, Guard .Rails, Multi shunt boxes, Track connectors, etc. 1 LOT $ 34,232 $ 34,232 PROJECT MATERIAL, Local purchases for Fill & Rock necessary, ~O Volt AC Service Pole, Dii'ectionalBoring with 4" PVC Pipe, etc. 1 LOT $ 12,500 $ 12,500 MATERIAL RELEASED,none See KeS Field Prints Owg. No. SO-26-4-583.27 A-B1 Material Subtotal $ 143,708 LABOR & ADDmVES, EQUIPMENT, & PERSONAL EXPENSES Qty Unit Price Total KCS LABOR with additives, signal dept personnel required for supervision and field installation as directed by Signal Engineer 1 LOT $ 37,758 $ 37,758 EQUIPMENT CHARGES, for Signal Dept Pickup Trucks, Backhoes, Boom Trucks with Crane, including any rental equipment required. 1 LOT $ 14,285 $ 14,285 KCS PERSONAL EXPENSES, for all Signal Dept Personal 1 LOT $ 7,230 $ 7,230 Labor, Equipment & Personal Expenses Subtotal $ 59,273 CONTRACT EXPENSES CONTRACT ENGINEERING for technical & engineering services to provide layout design and circuit plans as directed by KCS signal dept CONTRACT PROJECT MANAGEMENT for project management services as directed by KCS signal dept CONTRACTOR'S LIABILITY INSURANCE CONTRACT PROJECT ADMINISTRATION FEE 1 LOT $ 14,000 $ 14,000 1 LOT $ 4,179 $ 5.88% $ 1 LOT $ 16,201 $ Contractor Subtotal $ .4,179 120 16,201 34,499 Total Estimated Cost to install Flasher & Gate Signals at McCrea Road In Mu h, TX, DOT # 790146W 237 480 This esUmate of cost Is Bmlteel 10 180 days from dale of Issuance, KCS shaD authorize Irs use after this time period or submit a revised esUmate of cost ld O€:p €OOUPV9 'l10 I :T OfY170.l..TJAtl[\{IDT:;JllUInIB/: n///;:;JTU . . (~T,,:lqdf:~LIX~LZl ':;J.lJmnrntJcrr) ~dhonnz:% T ExHI/!}Ir ,/~h:L ESTIMATE Date: 06/25/03 Applicant: City of Murphy Location: Murphy, Tx. Dot #: 790-146W Mile Post: 583.2 Road Name: McCreary Rd. Project #: Asset #: TBA 981375 Estimated Project Cost $ 76,826 Grading - Subgrade Preparation . ..,1) Materials 72 Net Tons - Asphalt $45.00 per Net Ton $3,240 120 Net Tons - Ballast Material $38.00 per Net Ton $4,560 240 L.F. - 6" Perforated CMP $6.50 per L.F. $1,560 4 Ea. - 6" - 45'00"Elbow Connections $35.00 Ea. $140 . 16 Ea. - 6" Bands for CMP $35.00 Ea. $560 Total Materials Cost $10,060 (2) Contractor labor and Equipment 40 Hours - (2 Ea.) Trackhoe with Operator $85.00 per Hour $6,800 40 Hours - (2) Dump Truck with Operator $45.00 per Hour $3,600 40 Hours - Steel Wheel Roller with Operator $20.00 per Hour $800 200 Man Hours - Miscellaneous Labor $15.00 per Hour $3,000 Total Contractor Cost $14,200 Crossing and Trackwork (1) Materials 96 L.F. - Prefabricated Concrete Crossing Panel for 136RE Rail $165.00 per L.F. $15,840 2 Ea. - 80' 136# Prefabricated Track Panel 1 Oft. Oak Ties on19 3/8" centers $5,165.08 Ea. $10,330 8 Ea. - Plasma Welds $400.00 $3,200 1260 Sq. Ft. - Filter Fabric $0.25 per Sq. Ft. $315 5 % Freight and Handling of Materials $1 ,484 6 % State and Use Tax on Materials $1,781 Total Materials Cost $32,950 (2) Labor 40 Project Management $60.00 per Hour $2,400 80 Man Hours to Remove Existing Crossing $15.00 per Man Hour $1,200 80 Man Hours to Install New Crossing $15.00 per Man Hour $1 ,200 10.55 % Vacation and Holidays $506 18.31 % Health and Welfare $879 26.73 % Railroad Retirement and Unemployment $1,418 1.95 % Supplemental Pension $103 12.5 % Railroad Public Liability Insurance $600 Total Labor Cost $8,307 (3) Equipment 5 Days - 2 Heavy Duty Drills $22.00 per Day 5 Days - 2 Impact Wrenches $22.00 per Day 5 Days - 2 Air Compressors $65.00 per Day 2 Day - Automatic Tamper with Operator $1,149.00 per Day 2 Day - Ballast Regulator with Operator $520.00 per Day 40 Hours - 2 Section Trucks with Rail Units $25.33 per Hour . 40 Hours - Roadmaster Truck with Rail Units $12.61 per Hour 40 Hours - Welding Truck with Rail Units $63.75 per Hour 3 Hours - Work Train to Unload Ballast $600.00 per Hour Total Equipment Cost Estimated Project Cost $220 $220 $650 $2,298 $1,040 $2,026 $504 $2,550 $1,800 $11,309 I $76,8261