21-338ORDINANCENO: 21-338
AN ORDINANCE APPROVING A PRELIMINARY ENGINEERING SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF DENTON AND THE KANSAS CITY SOUTHERN
RAILROAD COMPANY (“KCSRR“) RELATING TO THE WIDENING OF SOUTH BONNIE
BRAE STREET WITHIN THE RAILROAD RIGHT-OF-WAY LOCATED AT KCSRR MILE
POST 103.24, WITHIN THE COUNTY AND CITY OF DENTON, TEXAS; PROVIDING FOR THE
EXPENDITURE OF FUNDS (THE ESTIMATE IS $10,000.00 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 South Bonnie Brae Street with the Kansas City
Southern Railroad Company ("KCSRR") is planned to be reconstructed to accommodate the ultimate
four lane cross-section of the Bonnie Brae Phase 3 Project from Roselawn Drive to IH-35; and
WHEREAS, the City has presented KCSRR with an Agreement for Preliminary Engineering
Services for the review of preliminary engineering and design plans, specifications, and drawings
prepared by the City, required by KCSRR, a copy of which is attached hereto and made a part hereof
as Exhibit " A" (the " Agreement"); and
WHEREAS, a subsequent At-Grade Crossing Agreement with KCSRR will be presented to
the City Council for consideration following approval of the City’s preliminary engineering plans for
the railroad crossing construction; 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 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 Agreement for Preliminary Engineering Services 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 Agreement, including but not limited to the
expenditure of funds.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
The motbn to approve this ordinance was made by 'S€5se Da OtS and
seconded by, the ordinanc)y the
following vote [ X - ] ] :
Aye
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NIa r Abstain Absent
Gerard Hudspeth, Mayor:
Birdia Johnson. District 1 :
Connie Baker. District 2:
Jesse Davis, District 3 :
John Ryan, District 4:
Deb Armintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:
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PASSED AND APPROVED this the 1 bfb day of (\\LAceY\, 2021.
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ATTEST:
ROSA RIOS, CITY SECRETARY
AtIIt IIII II/
BY:
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
Z’44‘BY:
DocuSign Envelope ID: 27BBEIB8-A93846EB-8DE2-51FF6B9CA701
rbc\a$ 1 b , 2021
AGREEMENT FOR PRELIMINARY ENGINEERING SERVICES
AND SUBMITTAL OF EXHIBIT “A” FOR RAILROAD APPROVAL
Crossing: Public
Railroad: The Kansas City Southern Railway Company (“Railroad”)
State: TX
City : Denton
MP 103.24 Alliance Subdivision
South Bonnie Brae Street DOT # 021709B
Denton County
The City of Denton (“City”) is preparing plans to widen existing South Bonnie Brae Street at the
location referenced above (the “Project”). The proposed work includes paving, drainage,
signing, and striping improvements. In connection with the Project, the City considers it
necessary for the successful advancement of the Project for the Railroad to collaborate in the
development of the Project by performing the following:
• preliminary engineering and other related services
• development of cost estimates
• review of the Project's preliminary layouts
• submit current train and switching moves
The City authorizes and agrees to reimburse the Railroad for its expenses and actual costs that
are incurred for collaborating in the development of the Project’s preliminary engineering and
other preliminary activities. The Railroad has estimated that these preliminary engineering and
other preliminary costs will be $10,000.00. Payment will be made within thirty (30) days from
the City’s receipt and approval of the Railroad’s request for reimbursement. Railroad will refer to
the City’s Project Number (880006) and forward Invoices to Seth Garcia, Project Manager,
Capital Projects – Engineering, Seth.Garcia@citvofdenton.com, Phone (940) 349-8938.
Additionally, attached for the Railroad’s review and approval is one (1) set of half-scale prints of
the concept plans marked Exhibit A, which are the 90% complete plans and show the basic
features of the Project. Please review and provide comment on the basic features shown in
Exhibit A as soon as possible. Also enclosed is one (1) set of photos of the Project area.
The Project may require the Railroad to incur costs for force account activities. Please prepare
the railroad force account cost estimate for work activities to be provided by your company, as
identified in Exhibit A and submit them at your earliest convenience so that they may be
attached to the City-generated Construction & Maintenance (C&M) agreement.
Please verify the number of current regular train (8) and switching movements (0) with a
Maximum Speed of (35 mph) at this location as currently shown in our inventory records. This
information will be used by the City’s Contractor to obtain Railroad Protective Liability Insurance.
DocuSign Envelope ID: 27BBEIB8-A93846EB-8DE2-51FF6B9CA701
This agreement is intended to address Preliminary Engineering. It is understood by both parties
that Railroad may withhold its approval for any reason directly or indirectly related to safety, its
operations, property issues, or effect to its facilities. If the Project is approved, The Kansas City
Southern Railway Company will continue to work with the City to develop Final Plans and
Specifications and to prepare Material and Cost Estimates for Railroad Construction Work
associated with the Project. It is also understood that if the Project is constructed, if at all, such
construction will be at no cost to the Railroad.
The City and the Railroad will enter into separate License, Right of Entry, Construction, and
Maintenance Agreements associated with the actual construction of the Project if the Project is
accepted and approved by the Railroad. The Agreements will be drafted by the City of Denton
and forwarded to the Railroad after Exhibit A and cost estimates have been approved.
Please contact Rebecca Diviney, P.E. at telephone number (940) 349-8461 via email at
Rebecca.Diviney@cityofdenton.com if you have any questions. Your assistance in this matter is
appreciated.
Sincerely,
CITY OF DENTON
BY FASarmcity Ma Da
ATTEST:
ROSA RIOS, CITY SECRETARY
1\\It IIII it/ f/OF Of
l+e••e••BY:,, psa:2 )
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ON
11111
AARON LEAL, CITY A
APPROVED AS TO LEGAL FORM:
THIS AGREEMENT HAS BEEN BOTH
REVIEWED AND APPROVED AS TO
Financial and operational obligations and
Business terms.
DocuSign Envelope ID: 27BBEIB8-A938-46EB-8DE2-51FF6B9CA701
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nb ta1 projects-EngIneering
D;PeagE SEL: 2/12/2021
THE KANSAS CITY SOUTHERN RAILWAY COMPANY
2/12/2021 1 11:23 AM PSTDate
Name and Title MannY Loure1 ro vp & Chief Engineer
Attachment(s)
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LEGEND
a) Misr. SIGNALS W/NEW LENGIHENED ARM
(1) PROPOSED SIGNALS
03 PROPOSED WnLEVER SIGNALS
(3) ASPHALT PAVUIBfr
(9) NEW CONCRErE PAN us
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FILE CROSSING: PUBLIC
TX. DDfroN
sourH BONNIE BRAE grRErr
U.P. 103.24-ALLIANCE SUBDMSION
DOT-0217098
couxrY: DavroN
K.C.S.R.R ROADWAY EXHIBIT–SOUTH BONNIE BRAE STREET