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Home My WebLink About24-343ORDINANCE NO. 24-343 AN ORDINANCE BY THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE A PRELIMINARY ENGINEERING SERVICES AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY (UPRR) RELATING TO THE DOWNTOWN UPRR QUIET ZONE PROJECT FOR THE SYCAMORE STREET CROSSING (“PROJECT”), WITHIN THE COUNTY AND CITY OF DENTON, TEXAS; PROVIDING FOR THE EXPENDITURE OF FUNDS IN AN AMOUNT NOT TO EXCEED FORTY THOUSAND AND 00/100 DOLLARS ($40,000.00); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the CITY presently utilizes the Union Pacific Railroad Company’s (the “Railroad”) property for the existing at grade public railroad crossing over Sycamore Street, DOT Number 795318U, Mile Post 719.26 on the Railroad’s Choctaw Subdivision within the City of Denton, Denton County, Texas; and WHEREAS, the CITY desires to create a Quiet Zone corridor through the downtown area at the McKinney, Hickory, Sycamore and Prairie Street crossings, the UPRR Downtown Quiet Zone Improvements Project (the “Project”); and WHEREAS, the CITY and UNION PACIFIC RAILROAD COMPANY (UPRR) mutually desire to enter into this Preliminary Engineering Agreement for the purpose of providing traffic control signal and gate specifications and drawings, as well as preemption (if required) for the Bell Avenue traffic signal; prepared by UPRR or their consultant, as required by UPRR, a copy of which is attached hereto and made a part hereof as Exhibit “A“ (the “Agreement”); and WHEREAS, on September 19, 2023, The CITY and UPRR entered into Preliminary Engineering Services Reimbursement Agreements for the UPRR Downtown Quiet Zone Improvements Project including Sycamore Street in the amount of $10,000.00 for design services to remove and replace the existing approach pavement, curb additions, medians and sidewalks; and WHEREAS, the estimated cost of the Preliminary Engineering Services for Sycamore Street for the design of railroad traffic control devices and traffic signal preemption with Bell Avenue (if required) is $40,000.00; and WHEREAS, the City Council finds it in the public interest to authorize the City Manager, to execute the Preliminary Engineering Agreement with UPRR for Sycamore Street; Docusign Envelope ID: 288C3568-5490-4CAB-AB21-4FD7FF3795B4 NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference as true and as if fully set forth in the body of this ordinance. SECTION 2. The City Manager of the City of Denton, or designee, is hereby authorized to execute on behalf of the City, the Preliminary Engineering Agreement, a copy of which is attached hereto as Exhibit " A" and made a part hereof for all purposes. SECTION 3. The City Manager, or designee, is hereby authorized to expend funds in an amount not to exceed FORTY THOUSAND AND NO/100 DOLLARS ($40,000.00). SECTION 4. The City Manager is further authorized to carry out all duties and agreements to be performed by the City under the Agreements. SECTION 5. The City Manager, or designee, is the City’s designated, authorized official, with the power to authorize, accept, reject, alter or terminate the Agreements on behalf of the City and act on behalf of the City of Denton in all matters related to the Agreements and any subsequent agreements that may result. SECTION 6. This Ordinance shall become effective immediately upon its passage and approval. The motion to approve this Ordinance was made by (J,'h_ J Hu Jsp++L and seconded by Joe M 1,_ J . This Ordinance was passed and approved by the following vote L7- b : Aye ,/ a ,/ Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck. District 2: Paul Meltzer, District 3 :L/ IZ L// J Joe Holland, District 4: Brandon Chase McGee, At Large Place 5 : Jill Jester, At Large Place 6: [Signatures to appear on following page .] Docusign Envelope ID: 288C3568-5490-4CAB-AB21-4FD7FF3795B4 PASSED AND APPROVED thi, th, i? t- d,y ,f Srp4, w\h ,, 2024. GERARD HUDSPETH. MAYOR ATTEST: LAUREN THODEN, CITY SECRETARY 'A„„„aM APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY gu'& ,P. Say>h, dd Docusign Envelope ID: 288C3568-5490-4CAB-AB21-4FD7FF3795B4 EXHIBIT A (Reimbursement Agreement Preliminary Engineering Services) Docusign Envelope ID: 288C3568-5490-4CAB-AB21-4FD7FF3795B4 1 UPRR REMS Project 758448 REIMBURSEMENT AGREEMENT PRELIMINARY ENGINEERING SERVICES Effective Date: Estimate: $40,000.00 THIS REIMBURSEMENT AGREEMENT (Agreement) is made and entered into as of the Effective Date, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (Railroad), and CITY OF DENTON, TEXAS (Agency). RECITALS A.Agency desires to initiate the project more particularly described on Exhibit A attached hereto (Project). B.The Project will affect Railroad's track and right of way at or near the Project areamore particularly described on Exhibit A. C.Railroad agrees to collaborate with Agency on the conceptualization anddevelopment of the Project in accordance with the terms and conditions of this Agreement. AGREEMENT NOW THEREFORE, the parties hereto agree as follows: 1.Railroad, and/or its representatives, at Agency's sole cost and expense, agrees toperform (or shall cause a third-party consultant to perform on Railroad's behalf) the preliminary engineering services work described on Exhibit B attached hereto (PE Work). Agency acknowledges and agrees that: (a) Railroad's review of any Project designs, plans and/or specifications, as part of the PE Work, is limited exclusively to potential impacts on existing and future Railroad facilities and operations; (b) Railroad makes no representations or warranties as to the validity, accuracy, legal compliance, or completeness of the PE Work; and (c) Agency's reliance on the PE Work is at Agency's own risk. 2.Notwithstanding the Estimate (Estimate), Agency agrees to reimburse Railroadand/or Railroad's third-party consultant, as applicable, for one hundred percent (100%) of all actual costs and expenses incurred for the PE Work. During the performance of the PE Work, Railroad will provide (and/or will cause its third-party consultant to provide) progressive billing to Agency based on actual costs in connection with the PE Work. Within sixty (60) days after completion of the PE Work, Railroad will submit (and/or will cause its third-party consultant to submit) a final billing to Agency for any balance owed for the PE Work. Agency shall pay Railroad (and/or its third-party consultant, as applicable) within thirty (30) days after Agency's receipt of any progressive and final bills submitted for the PE Work. Bills will be submitted to the Agency using the contact information provided on Exhibit C. Agency's obligation hereunder to reimburse Railroad (and/or its third-party consultant, as applicable) for the PE Work shall apply regardless whether Agency declines to proceed with the Project or Railroad elects not to approve the Project. Docusign Envelope ID: 288C3568-5490-4CAB-AB21-4FD7FF3795B4 2 3.Agency acknowledges and agrees that Railroad may withhold its approval for theProject for any reason in its sole discretion, including without limitation, impacts to Railroad's safety, facilities, or operations. If Railroad approves the Project, Railroad will continue to work with Agency to develop final plans and specifications, and prepare material and force cost estimates for any Project related work performed by Railroad. 4.If the Project is approved by Railroad, Railroad shall prepare and forward toAgency a Construction and Maintenance Agreement (C&M Agreement) which shall provide the terms and conditions for the construction and ongoing maintenance of the Project. Unless otherwise expressly set forth in the C&M Agreement, the construction and maintenance of the Project shall be at no cost to Railroad. No construction work on the Project affecting Railroad's property or operations shall commence until the C&M Agreement is finalized and executed by Agency and Railroad. 5.Neither party shall assign this Agreement without the prior written consent of theother party, which consent shall not be unreasonably withheld, conditioned, or delayed. 6.No amendment or variation of the terms of this Agreement shall be valid unlessmade in writing and signed by the parties. 7.This Agreement sets forth the entire agreement between the parties regarding theProject and PE Work. To the extent that any terms or provisions of this Agreement regarding the PE Work are inconsistent with the terms or provisions set forth in any existing agreement related to the Project, such terms and provisions shall be deemed superseded by this Agreement to the extent of such inconsistency. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the Effective Date. CITY OF DENTON, TEXAS UNION PACIFIC RAILROAD COMPANY, a Delaware Corporation Signature Signature Erik Lewis Printed Name Printed Name Manager I, Industry & Public Projects Title Sara Hensley City ManagerTitle THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. Trevor Crain SIGNATURE PRINTED NAME Director TITLE Capital Projects DEPARTMENT Docusign Envelope ID: 288C3568-5490-4CAB-AB21-4FD7FF3795B4 Exhibit A Project Description and Location Project Description Agency proposes reinstallation of the Railroad traffic control devices at the crossing referred to below, including potential traffic signal preemption with the Bell Avenue intersection. Location Choctaw Subdivision DOT Crossing Type Milepost Street Name 795318U Public 719.26 Sycamore Street Docusign Envelope ID: 288C3568-5490-4CAB-AB21-4FD7FF3795B4 Exhibit B Scope of Project Services Scope of work includes, but is not limited to the following •Field diagnostic(s) and inspections •Plan, specification, and construction review •Project design •Preparation of Project estimate for force account or other work performed by theRailroad •Meetings and travel Docusign Envelope ID: 288C3568-5490-4CAB-AB21-4FD7FF3795B4 Exhibit C Billing Contact Information Name Robin Davis, PMP Title Project Manager Address 401 North Elm Street, Denton, TX, 76201 Work Phone (940)349-7713 Cell Phone Email Robin.Davis@cityofdenton.com Agency Project No. QZ TX121007 Docusign Envelope ID: 288C3568-5490-4CAB-AB21-4FD7FF3795B4