22-1473DocuSign Envelope ID: 19E33760-87EB4F66-B6D0-12C5CEC45F7B
ORDiNANCE NO. 22-1473
AN ORDINANCE APPROVING AUTHORIZING THE CITY MANAGER, OR THEIRDESIGNEE, TO EXECUTE AND DELIVER A REIMBURSEMENT AGREEMENT FOR
QUIET ZONE SERVICES BY AND BETWEEN THE CITY OF DENTON AND THE UNIONPACIFIC RAILROAD COMPANY (“UPRR”) RELATING TO THE MINGO ROAD QUIETZONE PROJECT FROM FRAME STREET TO MOCKINGBIRD LANE IN THE CITY OFDENTON; AUTHORIZING THE EXPENDITURE OF FUNDS NOT-TO-EXCEED AMOUNT
OF $60,000.00; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton presently utilizes the Union Pacific Railroad Company's
("UPRR") property for existing at-grade public road crossings located adjacent to Mingo Road
from Frame Street to Fishtrap Road in the City of Denton, Denton County, Texas; and
WHEREAS, the City of Denton ("City") is in the process of improving and widening Mingo
Road; and
WHEREAS, the City is looking at the corridor holistically; and
WHEREAS, the City is considering the installation of a new at-grade crossing at future
Ruddell Extension; and
WHEREAS, the UPRR right-of-way is utilized by the City of Denton for the existing
at-grade crossings at Frame Street, Willis Street, Pertain Street, Private Driveway, Nottingham
Drive, Mockingbird Lane, Cooper Creek Road, and Fishtrap Road; and
WHEREAS, the City is in the process of assessing the needs to establish a Quiet Zone
corridor along Mingo Road from Frame Street to Mockingbird Lane (“Project”); and
WHEREAS, on December 12, 2021, the City of Denton requested the UPRR cooperation
in connection with the Project; and
WHEREAS, on January 26, 2022, UPRR presented a standard Reimbursement Agreement
for Quiet Zone Services (“Agreement”) for the cost services including meetings, field diagnostic(s)
and inspections, notice of intent review and comments, public authority application review and
comments, notice of establishment review and comments, implementation efforts, grade crossing
inventory updates, and travel expenses; and
WHEREAS, the parties acknowledge the UPRR scope follows the process laid out in the
Federal Railroad Administration’s (“FRA’s”) Train Horn and Quiet Zone Rule as required in the
FRA’s Final Rule on the Use of Locomotive Horns at Highway/Rail Grade Crossings that becameeffective June 24, 2005; and
DocuSign Envelope ID: 19E33760-87EB4F66-B6D0-12C5CEC45F7B
WHEREAS, the parties acknowledge the UPRR services will provide multiple scope items
that cannot be precisely determined until the field diagnostic is complete and improvements aredetermined; and
WHEREAS, UPRR estimated the cost for services to be $60,000.00; and
WHEREAS, the parties acknowledge the cost is an estimate and will be invoiced monthly as
a pay-as-you-go; and
WHEREAS, if costs are expected to exceed the estimated amount of Sixty Thousand Dollars
($60,000.00) UPRR will provide the City with documentation supporting the actual costs incurred
and Capital Project Department will seek appropriate City approval; and
WHEREAS, if the City elects to move forward with the design of the Project and includes work in
the UPRR right of way, UPRR shall prepare and forward to the City a separate reimbursement agreement
for preliminary engineering services to develop final plans and specifications, and prepare material and
force cost estimates for any work required to be performed by the Railroad and this Agreement herein willremain in effect for the duration of the Quite Zone Work described in Exhibit B of the Agreement; and
WHEREAS, if the City elects to cancel UPRR services within this Agreement at any time,
the request must be made in writing and the City will be responsible to reimburse UPRR one hundred
percent (100%) of all actual costs and expenses incurred within the scope of the agreement; and
WHEREAS, the City Council having considered the Reimbursement Agreement for Quiet
Zone Services that is required by UPRR, and considering the importance of the Project to the
citizens of Denton, is of the opinion that it should approve the above-referenced Agreement by and
between the City and UPRR; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitals contained in the preamble of this ordinance are hereby incorporated
into the body of this ordinance and are true and correct.
SECTION 2. The City Manager, or their designee, is authorized to execute the Agreement a
copy of which is attached hereto as Exhibit “A“ and made part hereof for all purposes.
SECTION 3. The City Manager is further authorized to carry out all obligations and duties
of the City as set forth in the Reimbursement Agreement, including but not limited to the expenditure
of funds not to exceed Sixty Thousand Dollars ($60,000.00).
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made t4aqoirebyrl and
2
DocuSign Envelope ID: 19E33760-87EB-4F66-B6D0-12C5CEC45F7B
seconded by 'EFf an e)rct(the following vote U - a] :
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1 :
Brian Beck, District 2:
Jesse Davis, District 3 :
Alison Maguire, District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
PASSED AND APPROVED this the
' The ordinance was passed and approved by
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ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
DonS+dbr
By: 1 Benjamin N. Samples, IIF682[g€r80er4S6
DocuSign Envelope ID: 19E33760-87EB-4F66-B6D0-12C5CEC45F7B
QZ ID: TX121008UPRR REMS
Project 782161
REIMBURSEMENT AGREEMENTQUIET ZONE SERVICES
Public Authority: CITY OF DENTON, TEXAS
Effective Date:
Estimate: $60,000.00
THIS REIMBURSEMENT AGREEMENT (Agreement) is made and entered into as of theEffective Date, by and between UNION PACIFIC RAILROAD COMPANY, a Delawarecorporation (Railroad), and PUBLIC AUTHORITY (Public Authority).
RECITALS
A. Public Authority desires to initiate the project more particularly described on Exhibit Aattached hereto (Project).
B. The Project may affect Railroad's track, right of way or operations at or near the Projectarea rrnre particularly described on Exhibit A.
C. Railroad agrees to collaborate with Public Authority on the progression of the Project inaccordance with the terms and conditions of this Agreement and any federal regulations.
AGREEMENT
NOW THEREFORE, the parties hereto agree as follows:
1. Railroad, and/or its representatives, at Public Authority’s sole cost and expense, agrees
to perform (or shall muse a third-party consultant to perform on Railroad's behalf) the quiet zone(QZ) engineering services work described on Exhibit B attached hereto (QZ Work). PublicAuthority acknowledges and agrees that: (a) Railroad's review of any Project designs, plans
and/or specifications, as part of the QZ Work, is limited exclusively to potential impacts on existingand future Railroad facilities and operations; (b) Railroad nukes no representations or warrantiesas to the validity, accuracy, legal compliance or completeness of the QZ Work; and (c) PublicAuthority's reliance on the QZ Work is at Public Authority's own risk.
2. NotvUthstanding the Estimate, Public Authority agrees to reimburse Railroad and/orRailroad's third party consultant, as applicable, for one hundred percent (1 CD%) of all actual oostsand expenses incurred for the QZ Work. During the performanoe of the QZ Work, Railroad will
provide (and/or will muse its third party consultant to provide) progressIve billing to PublicAuthority based on actual costs in connection wtth the QZ Work. Wthin sixty (60) days aftercompletion of the QZ Work, Railroad will submit (and/or will cause its third party consultant to
submit) a final billing to Public Authority for any balance owed for the QZ Work. Public Authorityshall pay Railroad (and/or its third-party consultant, as appliable) within thirty (30) days after
Public Authority's receipt of any progressive and final bills submitted for the QZ Work. Bills will be
Railroad Approved Fum 08/09/2019 1
DocuSign Envelope ID: 19E33760-87EB-4F66-B6D0-12C5CEC45F7B
submitted to the Public Authority using the contact information provided on Exhibit C. PublicAuthority’s obligation hereunder to reimburse Railroad (and/or its third party consuttant, asapplicable) for the QZ V%rk shall apply regardless if Public Authority declines to proceed with theProject or Railroad elects not to approve the Project.
3. Public Authority acknovUedges and agrees that Railroad may withhold implementation orraise objections to the Project due to nonoompliance with federal regulations or impacts toRailroad's safety, facilities or operations.
4. If Public Authority elects to move formrd with the Project and the plans include Railroad
work, Railroad shall prepare and formrd to Public Authority a separate reimbursement agreement
for preliminary engineering services to develop final plans and specifimtions, and preparematerial and force cost estimates for any work required to be performed by the Railroad. The
Agreement herein will remain in effect for the duration of the QZ Work described in Exhibit B.
5. Neither party shall assign this /yreerrent without the prior written consent of the other
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 unless made inwriting and signed by the parties.
7. This Agreement sets forth the entire agreement tntween the parties regarding the Projectand QZ Work. To the extent that any terms or provisions of this Agreement regarding the QZ Workare 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 extentof such inconsistency.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of theEffective Date.
CITY OF DENTOB, TEXASqI UNION PACIFIC RAILROAD COMPANY,a Delaware Corporation
Signature
Sara HensleyPrinted Name Melinda S. DuBayPrinted Name
City ManagerTitle Manager I - Engineering, Public ProjectsTitle
By:fm Diviney
Director of Capital Projects/City Engineer
Capital Projects Department
APPROVED AS TO LEGAL FORM:MACK REWWAND, CITy ATTORNEY
Docu819nIHd byE
By: I Benjamin N. Samples, II1456
Railroad Approved Fam 08/09£2019 2
DocuSign Envelope ID: 19E33760-87EB4F66-B6D0-12C5CEC45F7B
Exhibit A
Project Description and Location
Project Description
City of Denton, TX proposes to establish a quiet zone at the crossings referred to below.
Subdivision: Choctaw
Atgrade crossing locations, if known.
DOT
796:38874
795307G
717.38
717.92
718.22
Street Name
Fishtrap Road
Cooper Creek Road
Mockingbird Lane
Private
Nottingham Drive
Pertain Street
Willis Street
Frame Street
DocuSign Envelope ID: 19E33760-87EB-4F66-B6D0-12C5CEC45F7B
Exhibit B
Scope of Project Services
Scope of work includes, but is not limited to the following.
e
e
•
e
•
e
•
e
Meetings
Field diagnostic(s) and inspections
Notice of intent review and oomments
Public authority application review and comments
Notice of establishment review and comments
Implementation efforts
Grade crossing inventory updates
Travel expenses
DocuSign Envelope ID: 19E33760-87EB4F66-B6D0-12C5CEC45F7B
Exhibit C
Billing Contact Information
Name I TracY Beck
Title I Senior Engineering Project Manager
401 N. Elm Street
Denton, TX, 76201
(972) 571-2982
Cell Phone
Email I TracY.Beck@cityofdenton.com
REIMBURSEMENT AGREEMENT QUIET ZONE SE RVICES
Public Authority: CITY OF DENTON, TEXAS
Effective Date:
Estimate: $60,000.00
QZ ID: TX121008 UPRR REMS Project 782161
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 PUBLIC AUTHORITY (Public Authority).
RECITALS
A. Public Authority desires to initiate the project more particularly described on Exhibit A attached hereto (Project).
B. The Project may affect Railroad's track, right of way or operations at or near the Project area more particularly described on Exhibit A.
C. Railroad agrees to collaborate with Public Authority on the progression of the Project in accordance with the terms and conditions of this Agreement and any federal regulations.
AGREEMENT
NOW THEREFORE, the parties hereto agree as follows:
1. Railroad, and/or its representatives, at Public Authority's sole cost and expense, agrees to perform (or shall cause a third-party consultant to perform on Railroad's behalf) the quiet zone (QZ) engineering services work described on Exhibit B attached hereto (QZ Work). Public Authority acknowledges and agrees that: (a) Railroad's review of any Project designs, plans and/or specifications, as part of the QZ 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 QZ Work; and (c) Public Authority's reliance on the QZ Work is at Public Authority's own risk.
2. Nomthstanding the Estimate, Public Authority agrees to reimburse Railroad and/or Railroad's third party consultant, as applicable, for one hundred percent (100%) of all actual costs and expenses incurred for the QZ Work. During the performance of the QZ Work, Railroad will provide (and/or will cause its third party consultant to provide) progressive billing to Public Authority based on actual costs in connection with the QZ Work. Within sixty (60) days after completion of the QZ Work, Railroad will submit (and/or will cause its third party consultant to submit) a final billing to Public Authority for any balance owed for the QZ Work. Public Authority shall pay Railroad (and/or its third-party consultant, as applicable) within thirty (30) days after Public Authority's receipt of any progressive and final bills submitted for the QZ Work. Bills will be
DocuSign Envelope ID: AD2396E0-4AF3-47B2-B72F-464B06BDD233
8/9/2022
submitted to the Public Authority using the contact information provided on Exhibit C. Public Authority's obligation hereunder to reimburse Railroad (and/or its third party consultant, as applicable) for the QZ Work shall apply regardless if Public Authority declines to proceed with the Project or Railroad elects not to approve the Project.
3. Public Authority acknowledges and agrees that Railroad may withhold implementation or raise objections to the Project due to noncompliance with federal regulations or impacts to Railroad's safety, facilities or operations.
4. If Public Authority elects to move forward with the Project and the plans include Railroad work, Railroad shall prepare and forward to Public Authority a separate reimbursement agreement for preliminary engineering services to develop final plans and specifications, and prepare material and force cost estimates for any work required to be performed by the Railroad. The Agreement herein will remain in effect for the duration of the QZ Work described in Exhibit B.
5. Neither party shall assign this Agreement without the prior written consent of the other 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 unless made in writing and signed by the parties.
7. This Agreement sets forth the entire agreement between the parties regarding the Project and QZ Work. To the extent that any terms or provisions of this Agreement regarding the QZ 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.
Sara Hensley
City Manager
F6B2F9E1BC014SL
2
UNION PACIFIC RAILROAD COMPANY,
a Delaware Corporation
Melinda S. DuBay
Manager I -Engineering, Public Projects
DocuSign Envelope ID: AD2396E0-4AF3-47B2-B72F-464B06BDD233
Exhibit A Project Description and Location
Project Description City of Denton, TX proposes to establish a quiet zone at the crossings referred to below.
Subdivision: Choctaw
At-grade crossing locations, if known.
Crossing
DOT Type Milepost Street Name
795306A Public 715.44 Fishtrap Road
795307G Public 715.88 Cooper Creek Road
795309V Public 716.89 Mockingbird Lane
795310P Private 717.06 Private
748454T Public 717.38 Nottingham Drive
795311W Public 717.92 Pertain Street
7953120 Public 718.22 Willis Street
795314S Public 718.645 Frame Street
DocuSign Envelope ID: AD2396E0-4AF3-47B2-B72F-464B06BDD233
Exhibit B
Scope of Project Services
Scope of work includes, but is not limited to the folloVving.
• Meetings
• Field diagnostic(s) and inspections
• Notice of intent review and comments
• Public authority application review and comments
• Notice of establishment review and comments
• Implementation efforts
• Grade crossing inventory updates
• Travel expenses
DocuSign Envelope ID: AD2396E0-4AF3-47B2-B72F-464B06BDD233
Exhibit C
Billing Contact Information
Name Tracy Beck
Title Senior Engineering Project Manager
Street 401 N. Elm Street
City/State/Zip Denton, TX, 76201
Work Phone (972) 571-2982
Cell Phone
Email Tracy. Beck@cityofdenton.com
DocuSign Envelope ID: AD2396E0-4AF3-47B2-B72F-464B06BDD233