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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/ ./ / a L 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: