Resolution 2012-16RESOLUTION NO. 2012-16(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE
CITY OF WYLIE, TEXAS, TO ENTER INTO AND EXECUTE A
REIMBURSEMENT AGREEMENT, ON A FORCED ACCOUNT BASIS,
WITH THE KANSAS CITY SOUTHERN RAILWAY COMPANY FOR
MATERIAL AND LABOR; PROVIDING FOR AN EFFECTIVE DATE.
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
enter into and execute, on behalf of the City Council of the City of Wylie, Texas, a
reimbursement agreement, on a forced account basis, with The Kansas City Southern Railway
Company for material and labor, a copy of which is attached hereto as Exhibit "A" and
incorporated herein for all purposes.
SECTION 2: This Resolution shall take effect immediately upon its passage.
DULY PASSED AND APPROVED by the City Council of the City of Wylie on this
24th day of April, 2012. c Q
ERIC HOG[), Mayor
ATTEST TO:
\\
CAROLE EH ICH, City Secretary
Resolution No. 2012 -16(R)
KCSC Reimbursement Agreement
arie of r'g ®
GRADE CROSSING IMPROVEMENTS AGREEMENT
This AGREEMENT is entered into this day of , 2012 by and between THE
KANSAS CITY SOUTHERN RAILWAY COMPANY, a Missouri corporation called herein "KCS ",
and CITY of WYLIE, TEXAS to be addressed at 300 Country Club Road, Building 100 Wylie, TX
75098, called herein "City" (KCS and City being sometimes referred to herein individually as a "Party" or
together as the "Parties ").
WHEREAS, McCreary Road is an existing public road in Wylie, Texas, which crosses KCS's
mainline at Mile Post C- 583.27, on the Alliance Subdivision, DOT No. 790146W ( "Crossing "); and
WHEREAS, City desires to modify the Crossing by installation of a concrete crossing surface for a
sidewalk as per Exhibit "A," which is attached hereto and incorporated herein for all purposes; and
WHEREAS, City and Dallas Area Rapid Transit ( "DART ") have entered into a License Agreement
for the purpose of authorizing City to construct, install, operate and maintain one (1) four -foot (4') wide
concrete sidewalk outside the ends of the ties; and
WHEREAS, KCS is agreeable to performing the work necessary to modify the aforesaid Crossing
from end of tie to end of tie, including installation of concrete crossing surfaces for a sidewalk as per
Exhibit "A" (the "Project "), 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 extend the grade crossing surfaces
from end of tie to end of tie for the sidewalk as per Exhibit "A" at the Crossing. The City shall pay
100% of KCS's actual costs of installing the new crossing surface, including labor, equipment,
materials, shipping and handling of the materials, and standard additives as reflected on Exhibit "A"
hereto (the "Estimate for the Project "). KCS estimates the cost of the Project to be SIXTEEN
THOUSAND NINE HUNDRED SEVENTY TWO DOLLARS ($16,972.00), as shown on Exhibit "A ".
KCS will invoice the City for that estimated amount of SIXTEEN THOUSAND NINE HUNDRED
SEVENTY TWO DOLLARS ($16,972.00) at or after delivery of the crossing surface to the site. The
City shall pay said invoice within 30 days of the date it is sent and within the City's 2011 -2012 fiscal
year. Following completion of the Project, KCS shall determine its actual cost of the Project. If the
actual cost exceeds the estimated amount stated above, KCS shall invoice the City for the difference
between the estimated amount and the actual cost and the City shall pay that additional invoice within
30 days after the date it is sent. If the estimated amount exceeds the actual cost, KCS shall refund to the
City the amount of that excess within 30 days of receipt of the City's payment of the estimated cost.
2. City, at its sole cost and expense, shall provide all necessary materials and labor to reconstruct
the portions of the Crossing outside the ends of ties. City will install the sidewalk approaches, drainage,
pavement markings and arrange for disposal of the spoil removed from the Crossing, close the roadway to
all vehicular and truck traffic as needed during construction, arrange for all construction and warning signs
and barricades, and be responsible for any required notification of the public.
1
Resolution No. 2012 -16(R)
3. City shall furnish KCS with a certified copy of resolution or ordinance adopted by the governing
body of Wylie, Texas authorizing the City Manager to execute this Agreement on behalf of City.
4. 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.
5. Upon completion of the work, the crossing surface installed in the Project will thereafter be
maintained by KCS.
6. 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 where it applies.
7. Unless by August 1, 2012 this Agreement is fully executed and KCS is authorized to perform
the Project, this Agreement shall be void and KCS shall not perform the Project. KCS shall be
authorized to perform the Project upon receiving notice from the City containing a complete, fully -
executed original of this Agreement.
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
Approved as to legal form:
David C. Reeves 2 -11 -12 Name:
Associate General Counsel
The Kansas City Southern Title:
Railway Company
Date:
CITY of WYLIE, TEXAS
Name:
Title:
Date:
Resolution No. 2012 -16(R)
2
ral INN IMM
OF
b) Entire Agreement. This Agreement contains the entire agreement of the
Parties with respect to the matters contained herein and may not be
modified or terminated except upon the provisions hereof or by the mutual
written agreement of the Parties hereto.
C) Consideration. This Agreement is executed by the Parties hereto without
coercion or duress and for substantial consideration, the sufficiency of
which is forever confessed.
d) CounteMarts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
e) Governing Law. This Agreement shall be construed under and in
accordance with the laws of the State of Texas. Venue for any action
arising out of the Parties' performance under this Agreement shall be in 2,
court of appropriate jurisdiction with respect to Collin County, Texas.
h) Representations. Each signatory represents this Agreement has been read
by the Party for which this Agreement is executed and that such Party has
had an opportunity to confer with its counsel.
Assignment. This Agreement or any part thereof shall not be assigned or
transferred by any Party without the prior written consent of the other
Party.
k) Appropriation of Funds — Funds are not presently budgeted for City's
performance under this Agreement beyond the end of the City's 2011-
2012 fiscal year. City shall have no liability for payment of any money
for services performed after the end of City's 2011-2012 fiscal year unless
and until such funds are budgeted.
Date:
Applicant: City of Wylie Tx
Location: Wylie Tx
Dot #: 790.146W
Project #:
Asset #:
ESTIMATE
Mile Post. C -583 27
Road Name: McCreary Road
Project Summary:
Install (1 ea ) 8.125' concrete crossing, Remove and Relocate the last existing set on the East Side
of crossing to incorproate the installation of the new panel. Change out 15 ties and hand tamp.
All items may or may not be used, if not, the final billing will reflect actual quantities.
THIS IS AN ESTIMATE OF COST THE INDIVIUAL PRICES AND FINAL BILL MAY
VARY BUT THE FINAL BILLING WILL REFLECT ACTUAL DOCUMENTALBLE PRICE
Road Authority to be responsible for the closure of the road for a minimum of
two days during construction and the detouring of vehicular traffic and all traffic control
DO NOT DISTURB THE EXISTING HARD PAN OF THE EXISTING CROSSING.
Estimated Project Cost $ 16,972
Grading - Subarade Preparation
(1) Materials
20
Net Tons -Ballast Material
$1.869
15
$50.00 per Net Ton
$1.000
Total Materials Cost
$1,000
(2) Contractor Labor and Equipment
Ea - New 136RE Tie Plates
1
Contractors estimate
$10 50 Ea
$315
$7,500 00 per Hour
$7500
12
Man Hours - Contract Recordkeeping & Completion Reports
$1.33 Ea.
$80
$50 00 per Hour
$600
1
Haul ties and track material to location
$0.45 Ea.
$90
$1.465.00 estimated
$1.465
1
Disposal of spoils
% State and Use Tax on Materials
$177
$1.000.00 estimated
$1.000
Total Contractor Cost
$10,565
Crossing and Trackwork
(1) Materials
8 125 L F - Prefabricated Concrete Crossing Panel for 1151b or 136RE Rail
$230 00 per L.F.
$1.869
15
Ea -Oak Ties
$39 45 Ea
$592
30
Ea - New 136RE Tie Plates
$10 50 Ea
$315
60
Ea - 136RE Rail Anchors
$1.33 Ea.
$80
200
Ea. - Track Spikes
$0.45 Ea.
$90
5
% Freight and Handling of Materials
$147
6
% State and Use Tax on Materials
$177
2 Days - 2 Heavy Duty Drills
Total Materials Cost
$3,270
(2) Labor
2 Days - 2 Impact Wrenches
12
Project Management
2 Days - 2 Air Compressors
$60.00 per Hour
$720
10.55
% Vacation and Holidays
$76
18.31
% Health and Welfare
$132
26.73
% Railroad Retirement and Unemployment
$213
1.95
% Supplemental Pension
$16
12.5
% Railroad Public Liability Insurance
$90
Total Labor Cost
$1,246
(3) Equipment
2 Days - 2 Heavy Duty Drills
$22.00 per Day
$88
2 Days - 2 Impact Wrenches
$22.00 per Day
$88
2 Days - 2 Air Compressors
$65.00 per Day
$260
12 Hours - Section Truck with Rail Units
$25.33 per Hour
$304
12 Hours - Roadmaster Truck with Rail Units
$12.61 per Hour
$151
Total Equipment Cost $ 8' J
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