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Resolution 2012-20 RESOLUTION NO.2012-20(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 EXECUTE A GRADE CROSSING CONSTRUCTION AGREEMENT WITH THE KANSAS CITY SOUTHERN RAILWAY COMPANY FOR THE WEST BROWN STREET CROSSING. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE C][TY OF WYLIE,TEXAS: SECTION l: The City Manager of the City of WYLIE, Texas, is hereby authorized to ex:ecute, on behalf of the City Council of the City of WYLIE, Texas, the Grade Crossing Construction Agreement with the Kansas City Southern Railway Company for the West Brown Street crossing. �' SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 12th day of June 2012. ERIC HOGUE, or �� OF tvp�l `��/(/!��r?'r � A'TTEST TO: � � , ,,� ; � _ ��_� n� � � C.AROLE EH CH, City Secretary .�;�',�°,;,�•�,� .�`� •188?� �'�r!OF T��g Re;solution No.2012-20(R) Grade Crossing Construction Agreement KCSC EXHIBIT "A" � Grade Crossing Construction Agreement Resolution No.2012-20(R) Grade Gossing Construction Agreement KCSC GRADE CROSSING CONSTRUCTION AGREEMENT This AGREEMENT is entered into this 12th day of June, 2012 by and between THE I�ANSAS CITY SOUTHERN RAILWAY COMPANY,(herein sometimes called "KCS"), a Pvlissouri corporation to be addressed at P.O. Box 219335, Kansas City, MO 64121-9335, and CITY OF WYLIE, TEXAS, (herein sometimes called "City"), to be addressed at 300 Country (�lub Road, 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, FM 3412, Brown Street, in Wylie, Texas, is being widened West from Texas Highway 78;and WHEREAS, said widening shall cross KCS's tracks at approximately railroad Mile Post 'C-201.23 (G579.65),Dallas Subdivision DOT No. 789652B; and WHEREAS, City desires to provide for the reconstruction of the at-grade highway-rail crossing where FM 3412,Brown Street crosses KCS's track; 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: L KCS shall provide the necessary materials and labor to perform the necessary �� construction of the grade crossing surfaces from end of tie to end of tie for the Crossing. I�CS'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 lJxhibit 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 ��varning 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 f,xpenses incurred by KCS for the grade crossing warning device construction shown on ]�xhibit B, determined according to the methodology shown in Exhibit B, whether such actual rost is more or less than shown on Exhibit B. 3. Prior to KCS performing any work on this project, City will deposit with KCS 'THREE HUNDRED NINETY SEVEN THOUSAND, EIGHT HUNDRED SEVENTY-FIVE DOLLARS ($397,875.00) 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"). KCS shall be under no obligation to provide any materials or perform any labor until the City's deposit has been received and rleared KCS's bank. KCSR-Wylie,TX Agreement,FM 3412,Brown Street Crossing Construction Page No. 1 of 3 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 $397,8'75.00, KCS shall invoice the City for the additional amount by which the actual costs together with associated costs exceed $397,875.00. 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 $397,875.00, 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$397,875.00. 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, 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. 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 KCS's track, 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 KCS track when so instructed by the railroad flagman. City and its contractors performing any work within KCS's 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 KCS's right of way. 9. Upon completion of the work, the crossing surface between the ends of the ties, signal, flasher and gate will thereafter be maintained by KCS. 10. The City, with the cooperation of KCS, will be responsible for obtaining any required governmental authorizations, including approval of the Texas Department of KCSR-Wylie,TX Agreement,FM 3412,Brown Street Crossing Construction Page No.2 of 3 Transportation. All work will be done in accordance with the Manual on Uniform Traffic Control Devices. 11. The Parties hereby incorporate the requirements of 41 C.F.R. §§ 60-1.4(a)(7), 60- 150.5, 60-741.5, and 29 C.F.R. Part 470, if applicable. IN WIT'NESS 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: Approved as to legal form: Z��. � Associate General Counsel CITY OF WYLIE,TEXAS _w Name: Title: Date: KCSR-Wylie,TX Agreement,FM 3412,Brown Street Crossing Construction Page No.3 of 3 ESTIMATE Date: 05/01/12 Applicant: City Location: Wylie Tx Mile Post: G579.65 .�� Dot#: 789652B Road Name: West Brown St Project#: Asset#: Proiect Summarv: Install ea)73.125'concrete crossing,new filter fabric,new ballast,new drainage pipes and extension of existing hardpan to incorporate the widening, 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 PRICES Road Authoritv to be responsible for the closure of the road for a minimum of three davs durina construction and the detourin4 of vehicular traffic and all traffic control Road Authoritv to be responsible for approach work both directions down the road after the installation of new crossinq surface DO NOT DISTURB THE EXISTING HARD PAN OF THE EXISTING CROSSING. Estimated Project Cost $ 149,375 Gradinq-Subqrade Preparation (1)Materials 109 Net Tons- Asphalt for Filler � $100.00 per Net Ton $10,900 96 Net Tons-12"Asphalt Subbase for extension $100.00 per Net Ton $9,600 200 Net Tons-Ballast Material $50.00 per Net Ton $10,000 300 L.F.-6"PerforatedSock Pipe $15.00 per L.F. $4,500 Total Materials Cost $35,000 (2)Contractor Labor and Equipment 36 Hours-Trackhoe with Operator $125.00 per Hour $9,000 � 36 Hours-Dump Truck with Operator $85.00 per Hour $3,060 36 Hours-Dozer with Operator $85.00 per Hour $3,060 18 Hours-Steel Wheel Roller with Operator for compaction of new asphalt bottom $45.00 per Hour $810 72 Man Hours-Miscellaneous Labor $30.00 per Hour $2,160 48 Man Hours-Flagging(Rail Pro) $80.00 per Hour $3,840 40 Man Hours-Contract Recordkeeping&Completion Reports $50.00 per Hour $2,000 1 Disposal of spoils $5,000.00 estimated $5,000 1 Haul Track Panels by Truck $3,600.00 $3,600 Total Contractor Cost $32,530 Crossiriq and Trackwork (1)Materials � 73.125 L.F.-Prefabricated Concrete Crossing Panel for 1151b or 136RE Rail $230.00 per L.F. $16,819 2 Ea.-80' 136#Prefabricated Track Panel 10'Oak Ties on 19 1/2"centers $10,613.49 Ea. $21,227 4 Ea-39'Transition rails 136# to 115# KCS Part#13616651 4ea per crossing $1,400.00 ea $5,600 10 Ea.-Plasma Welds $400.00 $4,000 50 Ea.-New 136RE Tie Plates $10.50 Ea. $525 "I00 Ea.-136RE Rail Anchors $1.33 Ea. $133 1040 Ea.-115RE Rail Anchors $0.45 Ea. $468 2�400 Sq. Ft. -Filter Fabric $0.25 per Sq. Ft. $600 5 % Freight and Handling of Materials $2,469 6 %State and Use Tax on Materials $2,962 Total Materials Cost $54,803 (2)Labor 60 Project Management $60.00 per Hour $3,600 72 Man Hours to Remove Existing Crossing "� $30.00 per Man Hour $2,160 72 Man Hours to Reconstruct Track $30.00 per Man Hour $2,160 72 Man Hours to Install New Crossing $30.00 per Man Hour $2,160 10.55 %Vacation and Holidays $1,063 18.31 %Health and Welfare $1,846 26.73 % Railroad Retirement and Unemployment $2,979 1.95 %Supplemental Pension $217 12.5 %Railroad Public Liability Insurance $1,260 Total Labor Cost $17,445 (3)Equipment 3 Days-2 Heavy Duty Drills $22.00 per Day $132 3 Days-2 Impact Wrenches $22.00 per Day $132 3 Days-2 Air Compressors $65.00 per Day $390 "'"""" 2 Day-Automatic Tamper with Operator $1,149.00 per Day $2,298 2 Day-Ballast Regulator with Operator $520.00 per Day $1,040 24 Hours-Section Truck with Rail Units $25.33 per Hour $608 24 Hours-Roadmaster Truck with Rail Units $12.61 per Hour $303 36 Hours-Welding Truck with Rail Units $63.75 per Hour $2,295 4 Hours-Work Train to Unload Ballast $600.00 per Hour $2,400 Total Equipment Cost $9,598 Estimated Project Cost $149 375 KANSAS CITY SOUTHERN RAILWAY COMPANY GRADE CROSSING WARNING DEVICES � ' ' SIGNAL PROJECT ESTIMATE OF COST ESTIMATE IS DEFINED AS: TO PRODUCE A STATEMENT OF APPROXIMATE COST DATE 5/1/12 Project Description & Location... PROF'OSED TO INSTALL TWO NEW FLASHER SIGNALS WITH GATES, TWO NEW MEDIAN FLASHER SIGNALS, AND A NEW 6' x 8' STEEL BUNGALOW WITH CONSTANT WARNING TIME GCP UNIT AT THE C;ROSSING OF KCS RAILWAY TRACKS WITH FM 3412 (BROWN STREET) IN WYLIE, TX ...INCI_UDES A GCP UNIT AND SEAR II ALARM REPORTING VIA VHF HOPPER RADIO WITH 20'TOWER States, Identification... Funding Mechanism... Railroads Identification... COLLIN COUNTY E SIGNAL PROJECT FILE NO. SD-08-5-201.23 DOT IVO. 789-652 B DOT NO. 789-652 B CITY PROJECT MILE POST T-201.23 (579.73) FM 3412 (BROWN STREET} ASSET# 982745 IN W`(LIE, TX TRANSCONTINENTAL DIVISION GREENVILLE SUBDIVISION MATERIf\L Description&Pricing Info... QTY Unit Unit Price � TOTAL 6'x 8'STEEL BUNGALOW, with SEARII Reporting Unit,with Modules and Progr<�m required to control warning devices as shown, Chargers&Battery necs.,etc 1 LOT 39,000 � $39,000.00 FLASHER.&GATE SIGNALS, with 12"LED Lights,Ail Aluminum Gate Arms,LED Gate � ^ ^^mm�^^^mm Lights, Signs, Bells,with any side lights as per State Specifications. 1 LOT 32,000 $32,000.00 �° SIGNAL^GROUND MATERIAL, Foundations, Underground Wire&Cabie, Guard Rails, ^�m Multi Shunt Boxes at approaches,Track Connectors, Bond Wires,wiring materials, etc. 1 LOT 23,500 $23,500.00 Containerized Freight Charges, Safetran Systems 1 LOT 5,500 E $5,500.00 10% DAaterial Contingency Fee, Safetran Systems 1 LOT 9,500 E $9,500.00 PROJECT MATERIAL, Cover Rock or Fill Materiai, 220 Volt AC Service Pole, boring, etc Directional Boring with 4" PVC Pipe as determined by Railroad, retaining wall, etc. 1 LOT 33,000 $33,000.00 Public Road Authority to perform any culvert or drainage work required, cost not included E c MATERIiaL RELEASED... none `• SEE KC:>R LAYOUT PLAN... DWG NO MATERIAL SUB TOTAL= $ 142,500.00 LABOR F4 ADDITIVES,Equipment,Engineering... QTY Unit Unit Price � TOTAL KCS LAEtOR with Additives, all Signal Dept. Personnel required for Administration, and far Field Instailation, testing and cut-over as directed by the Signai Engineer. 12d 1 Const 53.040 : $53,040.00 EQUIPMENT CHARGES. for Signai Dept Pickup Trucks, Backhoes, Boom Trucks, etc. 1 Const 16,770 $ 16.770.00 KCS PEF2SONAL EXPENSES, for all Signal Dept Personnel 1 Const 8,190 $8,190.00 ^CONTRACT ENGINEERING, for Layout Design, Quote Plans, Material Lists, Layout Plans &Estimate, Shop Wiring&Field Construction Pians as directed by the RR (JaKay) 1 Const 19,500 $ 19,500.00 CONTRACT ACCOUNTING, Project Cost Tracking System through the life of the project, �mT E Completion Reports and assist Accounting with Final Billing preperation. {BHS) 1 Const 5,000 $5,000.00 UTiLITY COORDINATION, arrangements for new electrical service, relocation of utilities, � € arranc3e for rock&fill material, project coordination as directed by the RR (JaKay) 1 Const 3,500 € $3,500.00 FIELD I�ISTALLATION CONTRACTOR. to provide equipment&personnel as required by E the KCSR Field installation Bid Request package for the signal installation. N/A �........�.-•-•-•--,,.......��._��.��......._.��...... _....... .. �°"""`�' THIS ESTIMATE IS LIMITED TO'I80 DAYS FROM DATE OF ISSUANCE,KCS SHALL AUTHORI2E IT'S USE THEREAFTER �p,gOR SUB TOTAL= $ 106�000.00 TO INSTALL FLASHERS 8R GATES AT TOTAL ESTIMATE OF COST FM 3412 (BROWN STREETj IN WYLIE, TEXAS � Z4S, 'rJ��.�O