20-1911ORDINANCE NO:20-1911
AN ORDINANCE APPROVING AN AMENDED GRADE-SEPARATED ROAD CROSSING
PRELIMINARY ENGINEERING CONTRACT BY AND BETWEEN THE CITY OF DENTON
AND THE KANSAS CITY SOUTHERN RAILROAD COMPANY (KCSRR) RELATING TO THE
WIDENING AND REALIGNMENT OF HICKORY CREEK ROAD WITHIN THE RAILROAD
RIGHT-OF-WAY LOCATED AT KCSRR MILE POST 99.54, WITHIN THE COUNTY AND
CITY OF DENTON, TEXAS; PROVIDING FOR THE EXPENDITURE OF FUNDS (THE
INITIAL ESTIMATE IS $20,000.00 FOR PRELIMINARY ENGINEERING; THE CITY WILL
RECEIVE A FINAL INVOICE UPON COMPLETION OF THE WORK); AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the existing at-grade crossing of Hickory Creek Road with the Kansas City
Southern Railroad Company (’'KCSRR") is planned to be replaced with an overcrossing as part of the
Hickory Creek Road Phase 3 realignment/widening project (currently in the design phase), which
involves realignment of the road from Riverpass Drive to FM 1830 (the "Project"); and
WHEREAS, on May 5, 2020, the City Council adopted Ordinance No. 20-882 which
approved the Preliminary Engineering Contract (the “Original Agreement”); and
WHEREAS, KCSRR has requested that certain terms of the Original Agreement, be amended;
and
WHEREAS, KCSRR has presented the draft Amended Railroad Preliminary Engineering
Contract between the City and KCSRR, required by KCSRR, a copy of which is attached hereto and
made a part hereof as Exhibit ’' A’' (the " Amended Agreement"); and
WHEREAS, the City Council, having considered the importance of the Project to the citizens
of Denton and finding that it is in the public's health and safety interest, is of the opinion that it should
approve the Amended Agreement; 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 willfully set forth in the body of this ordinance.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute on behalf
of the City the amended Railroad Preliminary Engineering Contract with KCSRR, a copy of which is
attached hereto as Exhibit " A’' and made a part hereof for all purposes.
SECTION 3. The City Manager, or his designee, is further authorized to carry out all
obligations and duties of the City as set forth in the Amended Agreement, including but not limited
to the expenditure of funds.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
Th, m,ti,. t, ,ppr,v, this ordinance was made by ar M
seconded by hee\ \q bei qq S , the ordinance was passed and approved by
the following vote [ b - O ]:
Aye Nay Abstain Absent
V/Chris Watts, Mayor:
Gerard Hudspeth, District 1 :
Keely G. Briggs, District 2:
Jesse Davis, District 3 :
John Ryan, District 4:
Deb Arnrintor, At Large Place 5 :
Paul Meltzer At Large Place 6:
.,/
V/
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PASSED AND APPROVED this the b+b day of (?c+ebu’. 2020
>–-------.-_
CHRIS WATTS, MAYOR
Gerard Hudspeth, Mayor Pro Tem
ATTEST
ROSA RIOS, CITY SECRETARY
B,: - Z%/,a _ ah,
APPROVED AS TO LEGAL FORM
AARON LEAL, CITY ATTORN
DocuSign Envelope ID: 31A54759-E77D4B8D-8DF6-IE3EC8409D96
EXHIBIT "A"
HICKORY CREEK ROAD REALIGNMENT, RAILROAD GRADE SEPARATION
PROJECT NUMBER
CITY OF DENTON, TEXAS
STATE OF TEXAS
CITY OF DENTON
This CONTRACT is made and entered into by and between CITY OF DENTON, a body
corporate of the State of Texas (the "CITY"), acting by and through the City Council, and The
Kansas City Southern Railway Company (’'KCSR"), (KCSR being referred as the
’'RAILROAD"), duly registered to do business in the State of Texas, whose addresses for
mailing is 427 W. 12th St., Kansas City, Missouri 64105. (the CITY and KCSR being
sometimes herein referred to individually as a "Party" and together as the "Parties”), effective
as of the date of latest execution below.
WITNESSETH:
WHEREAS, the CITY has laid out and proposes to construct the lanes of a section of that
certain public roadway which has been designated as Hickory Creek Road, which as
proposed, will pass over the track and across the right of way of the RAILROAD at a point
designated as Railroad Mile Post MM 99.54 which point is the intersection of the proposed
centerline of the roadway survey with the centerline of the RAILROAD tracks, in City of
Denton, Texas; and,
WHEREAS, on May 5, 2020, the City Council adopted Ordinance No. 20-882 which approved
the Preliminary Engineering Contract (the “Original Agreement”); and
WHEREAS, KCSR has requested that certain terms of the Original Agreement be amended;
and
WHEREAS, due to the nature of the requested amendments and to clarify the intent of the
parties, KCSR and the City desire to enter into an amended agreement (“Agreement”) with
regard to the preliminary engineering agreement described herein; and
WHEREAS, in the interest of public safety and convenience, the Parties hereto deem it
advisable and desire to separate roadway and railway grades by means of a bridge and
approaches to carry roadway traffic over and above the railroad track at said point (the
"Project")
NOW, THEREFORE, in consideration of the premises and of the covenants and agreements of
the Parties herein contained, to be kept and performed by the Parties hereto, it is hereby
agreed as follows:
A. The CITY has requested that the RAILROAD proceed with certain necessary preliminary
engineering and/or design services for the Project to facilitate the Parties' considerations of
the Project and shall be undertaken by the Parties hereto upon and in accordance with the
DocuSign Envelope ID: 31A54759-E77D4B8D-8DF6-IE3EC8409D96
following terms, condition$ and provisions
1. The work to be done by the RAILROAD under this CONTRACT (the “RAILROAD’s
Preliminary Engineering”) shall consist of: (i) the review of preliminary and final engineering
and design plans, specifications and drawings (“Plans”), and contracts, and other documents
prepared by the CITY pertaining to the Project, and approval of same when completed to
RAILROAD’s standards, and (ii) the preparation of cost estimates for the RAILROAD’s work
in connection with the Project.
2. By its review and approval of the Plans pursuant to this CONTRACT, the RAILROAD
signifies only that the Plans and the Project proposed to be constructed in accordance with
the Plans satisfy the RAILROAD’s requirements.
3. Nothing contained in this CONTRACT shall be deemed to constitute the RAILROAD's
approval of or consent to the construction of the Project, which approval or consent may be
withheld for any reason related to the RAILROAD's operations, property, or facilities.
Construction of the Project will be governed by a separate Crossing Contract to be executed
by the Parties at a future date.
4. The estimated cost of the RAILROAD’s Preliminary Engineering for the account of the
CITY is Twenty Thousand Dollars IS20.000.001. It is clearly understood by the Parties hereto
that this is an estimate only; the CITY agrees to pay for all reimbursable charges necessitated
by its work in the vicinity of the track and the RAILROAD agrees to furnish the services
described in paragraph 1 , above. However, in the event that the above estimate is exceeded,
the RAILROAD shall be entitled to only one (1) payment for amounts in excess of the above
estimate, chargeable upon final completion of all work done under this CONTRACT. Approval
of charges will require supporting documents from the RAILROAD verifying hours charged.
The supporting documents must be in the form of approved time sheets or time reports.
Documentation for expense charges will include signed copies of the expense accounts
showing the days worked, charges for meals, accommodations, and miles traveled. Any other
charges will require supporting documentation before the CITY will be liable therefor.
Moreover, all charges shall be submitted by the RAILROAD together with all supporting
documentation within 180 days from the completion of all work performed under this
CONTRACT. Failure to submit charges and/or the required documentation within the said
180-day period shall result in the forfeiture of any unsubmitted or undocumented charges by
the RAILROAD.
5. For all items of work and expense authorized by this CONTRACT, the RAILROAD shall
invoice the CITY in care of:
Trevor Crain
Project Manager
Capital Projects Dept.
City of Denton
901-A Texas St
Denton, TX 76209
Via email: Trevor.Crain@CityofDenton.com
B. Execution of this CONTRACT by both Parties authorizes the RAILROAD to proceed with the
RAILROAD’s Preliminary Engineering. This CONTRACT may be terminated by either Party
DocuSign Envelope ID: 31A54759-E77D4B8D-8DF6-IE3EC8409D96
upon written notice to the other until such time as the Project is advertised for bids by the
CITY. Termination of this CONTRACT by the either PARTY shall not relieve the CITY from
payment of charges accrued by the RAILROAD under this CONTRACT prior to the effective
date of the termination.
C The Parties hereto represent each to the other that they have the legal authority to enter into
this CONTRACT as evidenced by the appropriate CITY order, ordinance, corporate
resolution, and/or power of attorney, as identified below, certified copies of which will be
provided upon request.
Witness this my signature in execution hereof, this the IA day ofahbX„'-
2020
THE CITY OF D
Todd Hileman, City Manager
ATTEST:
Rosa Rios, City Secretary
aaa,_ ri)h,.By:
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
by:
Role''nP. eldnV
Deputy C1 ty Englneer
Title
Capita1 Projects/Engineering
D,t, sig,D,Ta%Sg!„„
APPROVED AS TO LEGAL FORM
Aaron Leal, City Attorney
Witness this my signature in execution hereof, this the
2020
day of
THE KANSAS CITY SOUTHERN RAILWAY COMPANY
BY: