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ST0702-AG091013 (3)AGENDA REQUEST FORM T H E C I T Y O F DEPT: COPPELL ~`~- ~ ~ ~8 4^~ DATE: r ~~` o " b ITEM #: Engineering October 13, 2009 WORK SESSION ~ CONSENT ~ REGULAR ITEM TYPE: CONTRACT/BID or PROPOSAL ITEM CAPTION: Consider approval of a License Agreement between the City of Coppell and Dallas Area Rapid Transit (DART) for a Public Road Crossing of the DART owned Cotton Belt Railroad of South Coppell Road at a cost of $2,400.00 and authorizing the City Manager to sign and execute any necessary documents. GOAL(S): EXECUTIVE SUMMARY: Entering into this agreement with DART will allow the city to continue with the reconstruction of the South Coppell Road project. Staff will be available to answer any questions. FINANCIAL COMMENTS: RECOMMENDED ACTION: A~Ti(1N TAKEN RV !''ll7TN!"ir . Staff recommends approval of this agreement with DART and the funding of $2,400.00. #DART Road Agreement T H E C 1 T Y O F COPPELL F `fir! 4 0 x A ~ l a MEMORANDUM TO: Mayor and City Council VIA: Kenneth M. Griffin, P.E., Director of Engineering/Public Works FROM: Keith R. Marvin, P.E., Project Engineer DATE: October 13, 2009 REF: Consider approval of a License Agreement between the City of Coppell and Dallas Area Rapid Transit (DART) for a Public Road Crossing of the DART owned Cotton Belt Railroad of South Coppell Road at a cost of $2,400.00 and authorizing the City Manager to sign and execute any necessary documents. On June 9, 2009 council awarded a contract for the reconstruction of South Coppell Road from Bethel Road to Southwestern Blvd. This project included widening the road from the current 24 foot width to the proposed 37 foot width plus sidewalk on both sides of the road. This project made it necessary to upgrade the existing railroad crossing. In conjunction with the physical upgrade of the crossing DART has requested that we upgrade the License Agreement that allows the crossing to exist within their Right-of--Way. The existing crossing is covered under a License Agreement that was approved in 1997. Since that time DART has changed their standard agreement to include additional clarification on maintenance, and wording that differentiates between maintenance and reconstruction due to obsolescence. City staff has reviewed these changes, and inserted language in the agreement that exempts us from maintenance of the advanced warning/signal devices. The $2,400.00 fee associated with this License Agreement represents the value of the additional DART owned land that will be encumbered by the additional pavement width and sidewalks located within their Right-of--Way. Entering into this agreement with DART will allow the city to continue with the reconstruction of the South Coppell Road project. Staff recommends approval of this agreement including the one time expenditure of $2,400.00. Staff will be available to answer any questions at the Council meeting. Dallas Area Rapid Transit P.O. Box 660163 DART Dallas, Texas 75266-0163 ® 214/749-3278 November 11, 2009 Mr. Keith Marvin, P.E. Project Manager City of Coppell 255 Parkway Boulevard Coppell, Texas 75019 Re: License Agreement and Standard Construction Agreement and Contractor's Right of Entry for construction, installation, maintenance and operation of an at-grade, two-lane, public road, Coppell Road, crossing the Cotton Belt Line at Mile Post 609.01, in Coppell, Dallas County, Texas. Dear Mr. Marvin: Enclosed are two (2) fully executed originals of License Agreement No. 201260, as referenced above, for the City of Coppell's records. Also, enclosed is an original of the corresponding Standard Construction Agreement and Contractor's Right of Entry No. 201260-A. By copy of this letter, one original Standard Construction Agreement and Contractor's Right of Entry ("CROE") No. 201260-A, is being mailed to the City's contractor, JRJ Paving, Inc., for its records. Per paragraph 11 of the CROE, JRJ Paving is required to notify Fort Worth & Western Railroad's Roadmaster, Jody Wall, at 817.899.7831, or Chief Engineer, Ron Preuss, at 817.821.2342, to arrange for flagging and to meet any other Railroad requirements. If you have any questions, please contact me at (214) 749-3619 or via e-mail at fwilson(a,dart.org. Very truly yours, ~k ~~,7z!6,,,~. Frances Wilson, SR/WA Sr. Right of Way Representative Commuter Rail & Railroad Management Enclosures c: Mr. Marty Murphy, Manager of Estimating, JRJ Paving, Inc. AGREEMENT No. 201260 PUBLIC ROAD CROSSING LICENSE AGREEMENT THIS AGREEMENT ("License"), by and between DALLAS AREA RAPID TRANSIT, ("Licensor"), a regional transportation authority, created, organized and existing pursuant to Chapter 452, Texas Transportation Code, as amended (the "Act") and the CITY OF COPPELL ("Licensee"), a Texas municipal corporation acting herein by and through its duly authorized official, whose mailing address is 255 Parkway Boulevard, Coppell, Texas 75019. WITNESSETH: WHEREAS, LICENSOR now owns certain railroad right-of--way within the city limits of the Licensee; and WHEREAS, LICENSOR has a Trackage Rights Agreement with Fort Worth & Western Railroad (the "Railroad"), whereby the Railroad is responsible for certain maintenance of existing at-grade highway-rail crossings; and WHEREAS, Licensee has an existing public road known as Coppell Road that crosses Licensor's Cotton Belt Line railroad right-of--way with an at-grade railroad crossing ("Public Road Crossing"), identified as DOT No. 789747J; and WHEREAS, Licensee proposes the widening and reconstruction of the Public Road Crossing within Coppell Road, with new concrete panels, pavement, and sidewalks, in accordance with Licensor's standards; NOW, THEREFORE, 1. Purpose. Licensor hereby grants this License to Licensee for the purpose of constructing, reconstructing, installing and maintaining (the "Permitted Uses") an at-grade, two-lane, 37-foot wide, public road crossing. This road crossing is located at the existing 25-foot wide Coppell Road, within a 100-foot wide right-of--way and with the additional 12-feet in width, will cover an area approximately 3,700 square feet. The road will cross Licensor's right-of--way at Mile Post 609.01, in Coppell, Dallas County, Texas, more particularly as shown in Exhibit "A", attached hereto and incorporated herein for all pertinent purposes (the "Property"). The term "public road crossing" shall include the concrete crossing material, pavement, grading, barricades, street lighting, drainage facilities, signs, pavement markings, active warning devices/signals, and approaches (the "Permitted Improvements"). The Property shall be used by Licensee, and the public, solely for the Permitted Uses and the Permitted Improvements, EXCEPT, HOWEVER, AND IT IS UNDERSTOOD BY BOTH LICENSOR AND LICENSEE THAT THE GRANTING OF THIS LICENSE SHALL NOT BE CONSTRUED IN ANY WAY TO CONSTITUTE A DEDICATION TO THE PUBLIC. 2. Consideration. The consideration for the granting of this License shall be: 2.01. The faithful performance by Licensee of all of the covenants and agreements contained in this License to be performed by Licensee, and Coppell Road Mile Post 609.01 Public Road Crossing 1 of 7 2.02. The payment of the one-time sum of TWO THOUSAND FOUR HUNDRED AND NO/100 ($2,400.00) DOLLARS cash in hand paid by Licensee to Licensor, and 2.03. The payment for the entire cost of constructing and maintaining the public road, including any drainage facilities caused to be required thereof, and 2.03 The reimbursement by Licensee to the Railroad for all labor and materials necessary for the construction of the crossing surface within the limits of the ties and installation of the active warning devices, within thirty (30) days upon presentation of invoice by the Railroad, and 2.04 The future costs of reconstruction of the Permitted Improvements within the limits of the railroad ties within the road crossing. This area of the road crossing may become impossible to maintain by the Railroad due to deterioration or obsolesce of the crossing material, this does not include active warning devices/signals. In the event maintenance is no longer possible and reconstruction is necessary, Licensor and Licensee shall agree on the type of reconstruction, and Licensor shall reconstruct the road crossing within the limits of the railroad ties, at the sole cost of the Licensee. 3. Term. This License shall begin on the 1st day of October, 2009, and shall be perpetual, subject to termination by either party as provided herein. 4. Non Exclusive License. This License is non-exclusive and is subject to (a) any existing utility, drainage or communication facility located in, on, under, or upon the Property owned by Licensor, any railroad, utility, or communication company, public or private; (b) to all vested rights presently owned by any railroad, utility or communication company, public or private, for the use of the Property for facilities presently located within the boundaries of the Property; and (c) to any existing lease, license or other interest in the Property granted by Licensor to any individual, corporation or other entity, public or private. 5. Design, Construction, Operation and Maintenance. Licensor's use of the Property and adjoining property may include the use of electrically powered equipment. Notwithstanding Licensor's inclusion within its system of measures designed to reduce stray current which may cause corrosion, Licensee is hereby warned that such measures may not prevent electrical current being present in proximity to the Permitted Improvements and that such presence could produce corrosive effects to the Permitted Improvements. 5.01. All design, construction, reconstruction, replacement, removal, operation and maintenance of the Permitted Improvements on the Property shall be done in such a manner so as not to interfere in any way with the operations of Licensor or with any railroad operations. In particular, cathodic protection or other stray current corrosion control measures of the Permitted Improvements as required shall be made a part of the design and construction of the Permitted Improvements. 5.02. During the design phase and prior to commencing construction on the Property, a copy of the construction plans showing the exact location, type and depth of the construction, any cathodic protection measures and any working area, shall be submitted for written approval to Licensor and the Railroad (the "Railroad", whether one or more) when the construction is going to be within the area of Railroad operations. Such approval shall not be unreasonably withheld. No work shall commence until said plans have been approved by Licensor and Railroad. Coppell Road Mile Post 609.01 Public Road Crossing 2 of 7 5.03. Licensee agrees to design, construct, reconstruct and maintain the Permitted Improvements in such a manner so as not to create a hazard to the use of the Property, and further agrees to pay any damages which may arise by reason of Licensee's use of the Property under this License. 5.04. Licensee agrees to institute and maintain a reasonable testing program to determine whether or not additional cathodic protection of its Permitted Improvements is necessary and if it is or should become necessary, such protection shall be immediately instituted by Licensee at its sole cost and expense. 5.05. Licensee covenants and agrees to contract and enter into a cost reimbursement agreement with the Railroad to further specify how cost reimbursements will take place. Such reimbursements shall include the original construction of all active warning devices and crossing surface within the limits of the ties. Licensee also agrees to be responsible for the cost of future reconstruction upon the useful life of the crossing surface. 5.06. Licensee or its contractor shall remove all trees and other vegetation within the railroad right of way for a distance of 300 feet in all four quadrants of the right of way. 5.07. Licensee shall be responsible for maintenance and liable for damage for any and all additional drainage created by Licensee's project distributed onto and within Licensor's right of way from the point of entry to the exit point of Licensor's property. 5.08. Licensee shall provide traffic control during construction or maintenance operations to accommodate work by Railroad. 5.09. Absence of markers does not constitute a warranty by Licensor that there are no subsurface installations on the Property. 5.10. If at any time, traffic volume or other circumstances should warrant a grade separation for the crossing licensed hereunder, Licensee shall be responsible for the installation of such grade separation to Licensor's standards, at no cost to Licensor. 6. Governmental Approvals. Licensee, at its sole cost and expense, shall be responsible for and shall obtain, any and all licenses, permits, or other approvals from any and all governmental agencies, federal, state or local, and required to carry on any activity permitted herein. 7. Licensor's Standard Contract and Insurance. No work on the Property shall be commenced by Licensee or any contractor for Licensee until such Licensee or contractor shall have executed Licensor's Standard Contractors Agreement covering such work, and has furnished insurance coverage in such amounts and types as shall be satisfactory to Licensor. 8. Duty of Care in Construction. Licensee or its contractor shall use reasonable care during the construction period and thereafter, to avoid damaging any existing buildings, equipment and vegetation on or about the Property and any adjacent property owned by or under the control of Licensor. If the failure to use reasonable care by the Licensee or its contractor causes damage to the Property or such adjacent property, the Licensee and/or its contractor shall immediately make appropriate replacement or repair the damage at no cost or expense to Licensor. If Licensee or its contractor fails or refuses to make such replacement, Licensor shall have the right, but not the obligation, to make or effect any such repair or replacement at the sole cost and expense of Licensee, which cost and expense Licensee agrees to pay to Licensor upon demand. Coppell Road Mile Post 609.01 Public Road Crossing 3 of 7 9. Environmental Protection. 9.01. Licensee shall not use or permit the use of the Property for any purpose that may be in violation of any local, state or federal laws pertaining to health or the environment, including but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), the Resource Conservation and Recovery Act ("RCRA"), the Clean Water Act ("CWA") and the Clean Air Act ("CAA"). 9.02. Licensee warrants that the Permitted Use of the Property will not result in the disposal or other release of any hazardous substance or solid waste on or to the Property, and that it will take all steps necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto the Property by Licensee or its Contractors. 9.03. The terms "hazardous substance" and "release" shall have the meanings specified in CERCLA and the terms "solid waste" and "disposal" (or "disposed") shall have the meanings specified in the RCRA; PROVIDED, HOWEVER, that in the event either CERCLA or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment; and PROVIDED FURTHER, that to the extent that the laws of the State of Texas establish a meaning for "hazardous substance", "release", "solid waste", or "disposal", which is broader than that specified in either CERCLA or RCRA, such broader meaning shall apply. 9.04. Licensee shall indemnify and hold Licensor and Railroad harmless against all cost of environmental clean up to the Property resulting from Licensee's use of the Property under this License. 10. Mechanic's Liens Not Permitted. Licensee shall fully pay for all labor and materials used in, on, or about the Property and will not permit or suffer any mechanic's or materialmen's liens of any nature to be affixed against the Property by reason of any work done or materials furnished to the Property at Licensee's instance or request. 11. Maintenance of Completed Improvements. After the Permitted Improvements have been constructed, the active warning devices/signals and the grade crossing within the limits of the railroad ties (subject to Paragraph 2.05 and 5.05) shall be maintained by the Railroad Licensee shall maintain all other Permitted Improvements. In the event the Licensee fails to maintain the Permitted Improvements or Property as required, upon discovery, Licensor shall notify Licensee of such occurrence in writing. In the event Licensee shall not have remedied the failure within ten (10) days from the date of such notice, Licensor shall have the right, but not the obligation to remedy such failure at the sole cost and expense of Licensee. In the event Licensor exercises its right to remedy Licensee's failure, Licensee agrees to immediately pay to Licensor all costs incurred by Licensor upon demand. 12. Future Use by Licensor. 12.01. This License is made expressly subject and subordinate to the right of Licensor to use the Property for any purpose whatsoever. 12.02. In the event that Licensor shall, at any time subsequent to the date of this License, at its sole discretion, determine that the relocation of the Permitted Improvements shall be necessary or convenient for Licensor 's use of the Property, or that the crossing must be modified, including but not limited to the installation of grade crossing signals, Licensee shall, at its sole cost and expense make such modifications or relocate said Permitted Improvements so as not to interfere with Licensor's or Licensor's Coppell Road Mile Post 609.01 Public Road Crossing 4 of 7 assigns use of the Property. In this regard, Licensor may, but is not obligated to, designate other property for the relocation of the Permitted Improvements. A minimum of thirty (30) days written notice for the exercise of one or more of the above actions shall be given by Licensor, and Licensee shall promptly commence to make the required changes and complete them as quickly as possible. 13. Duration of License. This License shall terminate and be of no further force and effect (a) in the event Licensee shall discontinue or abandon the use of the Permitted Improvements; (b) in the event Licensee shall relocate the Permitted Improvements from the Property; (c) upon termination in accordance with paragraph 18 of this License, whichever event first occurs; PROVIDED, HOWEVER, that any indemnifications provided for herein shall survive such termination. 14. Compliance With Laws and Regulations. Licensee agrees to abide by and be governed by all laws, ordinances and regulations of any and all governmental entities having jurisdiction over the Licensee and by railroad regulations, policies and operating procedures established by the Railroad, or other applicable railroad regulating bodies, and Licensee agrees to indemnify and hold Licensor harmless from any failure to so abide and all actions resulting therefrom. Licensee acknowledges federal railroad regulatory agency's requirements for whistles at at-grade public and private road crossings. 15. Indemnification. 15.01. Licensee shall defend, protect and keep Licensor and Railroad forever harmless and indemnified against and from any penalty, or damage, or charge, imposed for any violation of any law, ordinance, rule or regulation arising out of the use of the Property by Licensee, whether occasioned by the neglect of Licensee, its employees, officers, agents, contractors or assigns, or those holding under Licensee; 15.02. Licensee shall at all times protect, indemnify and it is the intention of the parties hereto that Licensee hold Licensor and Railroad harmless against and from any and all loss, cost, damage or expense, including attorney's fees, and including claims of negligence, arising out of, or from any accident or other occurrence on or about the Property causing personal injury, death, or property damage, except when caused by the willful misconduct or negligence of Licensor or Railroad, their officers, employees or agents, and then only to the extent of the proportion of any fault determined against Licensor for its willful misconduct or negligence; 15.03. Licensee shall at all times protect, indemnify and hold Licensor and Railroad harmless against and from any and all loss, cost, damage or expense, including attorney's fees, arising out of or from any and all claims or causes of action resulting from any failure of Licensee, its officers, employees, agents, contractors or assigns in any respect to comply with and perform all the requirements and provisions hereof. 16. Termination of License. At such time as this License may be terminated or cancelled for any reason whatever, Licensee, upon request by Licensor, shall remove all improvements and appurtenances owned by it, situated in, under or attached to the Property and shall restore the Property to the condition existing at the date of execution of this License, at Licensee's sole expense. 17. Assignment. Licensee shall not assign or transfer its rights under this License in whole or in part, or permit any other person or entity to use the License hereby granted without the prior written consent of Licensor which Licensor is under no obligation to grant. Coppell Road Mile Post 609.01 Public Road Crossing 5 of 7 18. Methods of Termination. This License maybe terminated in any of the following ways: 18.01. Written agreement of both parties; 18.02. By either party giving the other party thirty (30) days written notice; or 18.03. By either party, upon failure of the other party to perform its obligations as set forth in this License. 19. Miscellaneous. 19.01. Notice. When notice is permitted or required by this License, it shall be in writing and shall be deemed delivered when delivered in person or when placed, postage prepaid, in the U.S. Mail, Certified, Return Receipt Requested, and addressed to the parties at the following addresses: LICENSOR: Dallas Area Rapid Transit P. O. Box 660163 Dallas, Texas 75266-7210 Attn: Railroad Management LICENSEE: City of Coppell 255 Parkway Boulevard Coppell, Texas 75019 Or 1401 Pacific Avenue Dallas, Texas 75202-7210 P.O. Box 9478 Coppell, Texas 75019-9478 Either party may from time to time designate another and different address for receipt of notice, by giving notice of such change of address. 19.02. Governing Law. This License shall be construed under and in accordance with the laws of the State of Texas. 19.03. Entiretv and Amendments. This License embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, relating to the Property and the matters addressed herein, and maybe amended or supplemented only by a written instrument executed by the party against whom enforcement is sought. 19.04. Parties Bound. This License shall be binding upon and inure to the benefit of the executing parties and their respective heirs, personal representatives, successors and assigns. 19.05. Number and Gender. Words of any gender used in this License shall be held and construed to include any other gender; and words in the singular shall include the plural and vice versa, unless the text clearly requires otherwise. 19.06. Authorization. Licensee shall furnish to Licensor a certified copy of minutes or a City Resolution adopted by the governing body of Licensee, authorizing the execution of this License on behalf of the Licensee, or other proof sufficient to establish the authority to execute this License. 19.07. No Joint Enterprise. The parties do not intend that this License be construed as finding that the parties have formed a joint enterprise. The purposes for which each party has entered into this License are separate and distinct. It is not the intent of any of the parties that a joint enterprise Coppell Road Mile Post 609.01 Public Road Crossing 6 of 7 relationship is being entered into and the parties hereto specifically disclaim such relationship. This License does not constitute a joint enterprise, as there are no common pecuniary interests, no common purpose and no equal right of control among the parties hereto. 20. New License Agreement. It is mutually agreed and understood that this License cancels and supersedes License No. 970902, dated July 22, 1997, or any previous agreements or easements granted by Licensor or Licensor's predecessor railroads in regard to this public road crossing. IN WITNESS WHEREOF, the parties have executed this License in multiple originals this ~~day of 2009. LICENSOR: DALLAS AREA RAPID TRANSIT BY: Zi AYNE L. FRIESNER Vice President Commuter Rail & Railroad Management LICENSEE: CITY OF COPPELL BY: AY PHIL, S City Manager Coppell Road Mile Post 609.01 Public Road Crossing 7 of 7 AGREEMENT NO. 201260-A STANDARD CONSTRUCTION AGREEMENT AND CONTRACTOR'S RIGHT OF ENTRY THIS AGREEMENT ("Agreement"), by and between DALLAS AREA RAPID TRANSIT ("DART"), a regional transportation authority created and existing pursuant to Chapter 452, Texas Transportation Code, V.A.T.C.S., as amended ("the Act") and JRJ PAVING, INC., hereinafter called "Contractor", whose mailing address is 1805 Royal Lane, Suite 105, Dallas, Texas 75229. WITNESSETH: For the period not to extend beyond Mav 15. 2010, DART hereby permits Contractor to enter upon the property of DART on a tract of right of way of the Cotton Belt Line located at Coppell Road, Mile Post 609.01, in Coppell, Dallas County, Texas, as may be necessary in connection with the reconstruction of Coppell Road, to include the approaches up to the ends of the ties of the railroad crossing (the crossing between the ends of the ties to be constructed by the Railroad) on DART premises by Contractor under agreement between Contractor and the CITY OF COPPELL, a Texas municipal corporation, (the "Contract"), and for no other purpose. Contractor understands that the Contract and all work to be performed thereunder is subject to the terms and conditions contained in License Agreement No. 201260, dated the 10th day of November, 2009, issued by DART to the CITY OF COPPELL, which is incorporated herein by reference. 2. As consideration for the right of entry granted herein, Contractor agrees to: (a) Perform that portion of the work on DART premises in accordance with plans and specifications approved by DART and Fort Worth and Western Railroad (the "Railroad" whether one or more than one, if applicable) in such manner and at such times as shall not endanger or interfere with DART's or Railroad's representatives. Contractor shall submit to DART and Railroad, for approval, all construction details, falsework and other incidentals not detailed in plans, insofar as they affect DART and Railroad. (b) Maintain, at Contractor's expense, flagger(s) who are representatives of the Railroad, qualified on the Railroad's operating and safety rules to protect the Railroad's interest while upon DART premises. Contractor will not perform any work activity within 25 feet of any DART track (also referred to as "the foul zone") or perform any work in which a catastrophic event could cause equipment, people or materials to enter into the foul zone unless the above mentioned flagger(s) are present. (c) Ensure, at Contractor's expense, that all personnel working under their control that are engaged in any activity that requires flagger(s), as described in Item 2(b) above, have within the last 365 days from the date the work is to be performed, attended a creditable Roadway Worker Protection course and have successfully passed all required examinations associated with that course and will provide proof of course completion upon request from DART or their representative. Whether or not the above mentioned Roadway Worker Protection course is creditable is at the sole discretion of Railroad. (d) Contractor is required to (a) notify Railroad at least fifteen (15) working days before commencing work on DART premises and (b) notify DART and Railroad within five (5) working days after such work is completed. Notification shall be in accordance with Paragraph 11 of this Agreement. (e) Keep all equipment, tools and materials stored at least fifteen (15) feet from the center line of any operable track. Explosives or other highly inflammable substances or any hazardous materials regulated pursuant to federal or state regulation will not be stored on Coppell -Coppell Road 1 of 4 Mile Post 609.01 Public Road Crossing hazardous materials regulated pursuant to federal or state regulation will not be stored on DART premises without the prior written approval of DART. (f) Remove Contractor's tools, equipment and materials from DART premises promptly upon completion of work, restoring DART premises to the same state and condition as when Contractor entered thereon. (g) Reimburse DART and Railroad for all costs and expense incurred by DART and/or Railroad in connection with said work, including without limitation the expense of furnishing such inspectors, watchmen and flagmen as DART and Railroad deem necessary, the installation and removal of falsework beneath tracks, and restoration of DART's property to the same condition as when Contractor entered thereon, or to a condition satisfactory to DART. (h) Remove any lien against DART's property arising from performance of work hereunder by Contractor or any subcontractor. 3. Contractor agrees to release, defend and indemnify DART and Railroad, from and against all loss, damage, claims, costs, expenses, including attorney's fees, and liability for bodily injury to or death of any persons and loss of or damage to any property and loss of use thereof (including but not limited to employees, subcontractors, agents, invitees and the property of each party hereto) arising out of or in any way connected with the work under said License Agreement upon or adjacent to DART property, whether or not caused or contributed to by the presence or operation of DART or Railroad trains, engines, cars or other equipment, structures or facilities of DART or Railroad or any other party, or by negligence or alleged negligence on the part of DART or Railroad, or any of DART's or Railroad's agents, employees, contractors, subcontractors or invitees. In the event any part of the provisions of this section are determined by any statutory enactment or judicial decision to be void or unenforceable, then this section shall not fail in its entirety but will be enforceable to the extent permitted by law. For the purposes of this section, the term "Railroad" shall include any other railroad company using DART property with DART's consent and any affiliate, subsidiary or lessor of DART. 4. Prior to start of work or occupancy of premises under this Agreement, Contractor agrees to procure and maintain at its sole cost and expense, the following types and amounts of insurance with an insurer or insurers and form satisfactory to DART: Comprehensive general and automobile liability insurance with contractual liability endorsement and products and completed operations hazards included, which shall provide coverage for combined single limits of not less than $2,000,000, as further outlined below. This insurance shall be primary and non-contributory. All insurance coverage's required by this Agreement shall provide the following as a minimum standard: (a) Comprehensive General Liability With Contractual Liability Endorsement. -Combined single limit of at least $2,000,000. -DART, Railroad and all affiliated companies and organizations are named as additional insureds without any qualifications or restrictions. -DART must have 30 days notice of cancellation or modification. (b) Comprehensive Automobile Liability Policy -Combined single limit of at least $2,000,000. Coppell -Coppell Road 2 of 4 Mile Post 609.01 Public Road Crossing -DART and Railroad are named as additional insureds without any qualifications or restrictions. -DART must have 30 days notice of cancellation or modification. (c) Workers' Compensation Insurance -Providing Statutory Benefits under the Workers' Compensation Act of the State of Texas and/or any other State or Federal Law or Laws applicable to the Contractor's employees performing the work under this Agreement. -Employer's Liability Insurance with limits of liability of not less than $500,000 each accident, $500,000 each employee for disease and $500,000 policy limit for disease. -Endorsed with a Waiver of Subrogation Endorsement, waiving the carrier's right of recovery under subrogation or otherwise from the Authority. (d) Contractor agrees to furnish DART Certificates of Insurance and copies of Endorsements for Additional Insured, Waiver of Subrogation and Contractual Liability Railroads (or, as and when DART may direct, copies of the actual insurance policies) as evidence of the coverage's outlined in (a), (b) and (c) above, and this section (d). Approval will be expedited if all required coverage's and the following endorsements are included on the Certificates: -Endorsement showing DART and its affiliate companies and organizations named as additional insureds. The certificate must specify that the endorsement is applicable to the General Liability and Auto Liability Policies. -Contractual liability endorsement. -Endorsement removing exclusions from contractual liability coverage for operations within 50 feet of a railroad or the purchase of a Railroad Protective Liability Policy with limits of no less than $2,000,000 per occurrence and $6,000,000 aggregate. -Endorsement removing exclusions for XCU hazards. -Waiver of subrogation endorsement specific to Workers' Compensation. All policies should contain a cross liability endorsement reading as follows: "It is agreed that the inclusion of more than one person, corporation, organization, firm or entity as insured under this policy shall not in any way affect the rights of any such person, corporation, organization, firm or entity with respect to any claim, demand, suit or judgment made, brought or recovered by or in favor of any other insured. This policy shall protect each person, corporation, organization, firm or entity in the same manner as though a separate policy had been issued to each; provided that this endorsement shall not operate to increase the company's limits of liability as set forth elsewhere in this policy." 6. The permission herein given shall not be assigned by Contractor without the prior written consent Coppell -Coppell Road 3 of 4 Mile Post 609.01 Public Road Crossing of DART except in the case of subcontractors who shall be deemed agents of Contractor subject to the terms of this Agreement. 7. No vehicular crossing over DART's track shall be installed or used by Contractor without prior written permission of DART. 8. No work shall be done between the hours of 6:00 p.m. and 6:00 a.m., nor on Saturdays, Sundays or legal holidays without prior written permission of DART and Railroad. 9. At DART's or Railroad's request, Contractor shall remove from DART premises any employee of Contractor or any subcontractor who fails to conform to the instructions of DART's or Railroad's representatives in connection with work on DART premises, and any right of Contractor to enter upon DART premises shall be suspended until such request of DART or Railroad is met. Contractor shall indemnify DART and Railroad against any claim arising from the removal of any such employee from DART premises. 10. Company-issued photo identification is required of all contractors and subcontractors working on the DART premises. 11. Notification of Railroad shall be by telephone to: Ron Preuss, Chief Engineer, at 817.821.2342 or Jody Wall, Roadmaster, at 817.899.7831 Notification of DART for all other purposes, shall be: Attn: Frances Wilson Sr. ROW Rep.) 214.749.3619 (office) IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate originals this ~~ day of ~ 2009. DALLAS AREA RAPID TRANSIT By ~~° ~~ ~ AYNE L. FRIESNER Vice President Commuter Rail & Railroad Management JRJ PAVING, INC. By Coppell -Coppell Road 4 of 4 Mile Post 609.01 Public Road Crossing H ^ ~ N~ N I f m ~ ~ ~ DAYLIGHT LINE ~ ~ ~ z " ~ _ CONSTRUCT ~ RAILROAD STA 16+05.00, 18.00' LT a n ~ ' 1 u ~ I I I RAILROAD ~ CROSSING AND ~, 10' CURB INLET +~~ +ro°o ~ o a ~I I~ ~v HEADED TYP TT~~ SIGNALS BY OTHERS ~..~uy o n ",+u -, ~ ( ) _I I_ o rk n';C SII P`•IE ~ .y «r•;:a3~1t T01=514.09 ~MN fps 1 'p ~•~ii (~• N=7032026.51 ~a n°~ 30'R I, ~w ~I ~°i ~ ~ ~_J- DAYLIGHT LINE ~ ~;t;~ ~ ~y Q EXISTING ROW E=2427020.59 ¢ w r ¢ w ~ ~ `" IF _ ~ ~ Q ~4 :~.a~"'~ W O FOtE tE-,.. 2D~R - v~ _ I LE ~o; ~irn ~'•ii ZW '. r- I~V~,I O ~ I I O ~ F J _~_ •-, _ .~ T_~- ,n ~ ~--~ I ~, G - r/L 146 ~t'2 i/ _ + O m 111, h~~~~~' Y~ r . , ~ _,I N ^o~.c .I ~_, -- ~'~~-~- -----~-~---uS1LIIlESS2----- Q = e`^. Q ---- ----- ----- --------- M' - ~. ~. Ill BE RELOCATED ~ X ~, ~.- oo• 20'R m 0 30'R N ~ ~ -1 +OD I BY OTHERSI 20 ~ ~ DO _ tfi+DO 0 _ 1742.34' 17+60 - _ m _ S+I~dO ,w ,~ 589.92n _ I I_ _ I I ---+- N„ _ ~:''e' _ _ 16" WATERLINE ~_ S1'48'14'E -~ ~ ~~ -~- _512'05'05 ~ ~ _~: r:; IyJ Gm Ll.l - 09 :- 8" WATERLINE ~ ~ ~ ~ ''-''' Z _ - ~ -E;- gA' (TO REMAIN) ~ BE~BANDONED) ~,~ - - ® m ~ _ Z ~ 8 - _ w w W w ` vc ~'~ _-w--'_- w --~aLf I w .., w w v 25R -W w w w ~ w w w~ ~ w,'A-~, - o° ~_~~- J `08~ -J ~ ~~ ~, 25R .. ~. _ -I I _ ~~z~~ Z~";~ , 25 R 25 R uv - §a ~ 2 ~ m~~;m U ' o ^ - ~ _ FpWErc ~+ya0~~ UTILITIES TO I ' S LINE MARKER 1 _ 1 ~ p~~,qR p~ V ~~ar,N ~ ~ lRE YCR II ANITARV SEWER ANHO F" ~ ,6E' ^.- 1 ~~ !~ I o ~~~ ~ N BE RELOCATED ~~RIM=51792,F/~a9. i F/L18'RCc 5361 p 20' 40' d ~ ~ Q '. WAt R METER .' j r~ °'• ~ o EXISTINGTEtOW iE ~. ~ ~ ~rG~ .,ar ~ uFT~' Q © ~ ~ ~ E o '---- c _ ~ ~ c. r ,_t i_ _- ~'i ~ SAnIrARr sEwER MANHOLE i ~ u `~ A '_,~E MARK CONTROL POINT 6 ~ SCALE IN FEET y,°ga„ 7?6 12 GAK/:'l) I a...~- ~~ _-__ _-- ~.~..'~~ ~ ~ RIM=517.42,F/L=a98.2a'~ + s -Ga ~R n I d~~ _ _ Cur w,RE ;,~diC_:,E _ N=7031712.89 W --"- ? STA 16+11.00, 18.00' RT 5R I I ~ T ~E=2426998.28 _J _ .,RAIL CROSSIN ~tii Z ~ w I DAYLIGHT LINE CONSTRUC a ~t,E. 0 15' CURB INLET > ~ ~ RAILROAD ~~ ~ SHALL BE CONSTRUCTED n cd;;-J~5 ~ O ~ T01=514.09 REMOVE AND ~ I PER~t1N110tY~P~GIF10'>ST ~ 9L^G. RELOCATE ~ N=7032019.38 ° SANITARY SEWER MANHOLE HEADER (I P) ~ alit r!5~=2c E} ~-- O w ADJUST WATER INSTALL FH I p 0 - POWER POLE ~~ METER TO GRADE E=2426984.80 ASSEMBLY, ~ RIM=S~zsa,E/L=a5e.:2 ~ o DD RRL~~NIfSG'~030'4A Gur+ n;w~ ~ (~ ~ o (BY OTHERS) mz TAP 16" d~ III R!~E ~ ~ j CAUTION,.. ~_ a"h: ono STA 16+14.12, 45.56' RT m O I, ° +u WATERLINE u d ,~ 20' CURB INLET ~ o HIGH PRESSURE GAS PIPLINE ~ N RAIL CROSSING ~ '-m T01=514.83 t u i EXPLORER PIPELINE C0.a D ~ ' COPPELL RD I m F"' ~ n a"~ N=7032015.39 ~ ~I CONTACT ROBERT WILDE 214-882-2841 Zp T STA 18+91.79 I ~ z~ I r~n E=2426957.35 ¢ ~ I I 72 HRS PRIOR TO CONSTRUCTION i ° m z Q q ~ ACTIVITIES WITHN EASEMENT ~D I_~_ o LOT 3, BLOCK 4, COPPELL COMMERCE CENTER, VOL 99228, PG. 79, P.R.D.C.T. ~ j I I ~ ( ~ O ° AUTI N!!~ NOTES: ~ Z O ° W QN ExISnNG uNGERGR0uN0 2. CONTRACTOR WILL BE RESPONSIBLE FOR ANY 4. CONTRACTOR SHALL ABANDON EXISTING 8"WATERLINE 5. ANY CONTRACTOR WORKING WITHIN 25 FEET OF THE x N ununES IN AREA CONTACT 1. RAILROAD CROSSING AND SIGNAL ARE TO BE TEMPORARY PAVING NEEDED TO MAINTAIN AT-GRADE AND RECONNECT ALL EXISTING SERVICE LINES TO CENTERLINE OF THE TRACK IS REQUIRED TO BE F ~ J n UTILItt a8 HOURS PRIOR TO PROTECTED BY A RAllROAD FLAGGER. N REMOVED AND REPLACED BY TRACWORK AND CROSSING. EXISTING i6'WATERLINE. NEW SERVICE ~ n- I - CONSTRUCTION. CONNECTIONS SHALL BE FROM EXISTING METER BOX ~ SEE GENERAL NOTES FOR DUALITY SIGNAL UNDER DIRECTION OF FWWR/DART. ~ ~ CONtACr INPORMaiION CONTRACTOR SHALL COORDINATE WITH TRACWORKS, 3. CONTRACTOR SHALL CARRY RAILROAD INSURANCE TO EXISTING 16'WATERLINE. SERVICE CONNECTIONS 6. RAILROAD CROSSING TO BE INSTALLED PER UNION w = ~ ° DUALITY SIGNAL, AND FWWR/DART DURING POLICY TO MEET DART'S REDUIREMENTS. SHALL BE INSTALLED PER APPLICABLE CITY OF PACIFIC STANDARD DETAIL 03D4A, "INSTALLATION OF a F- 5 ° CONSTRUCTION OF CROSSING AND SIGNALS. COPPELL STANDARD WATER SERVICE INSTALLATION RDAD CROSSINGS WITH PRE-CAST CONCRETE O ~ U z O 6 SPECIFICATIONS AND DETAILS. PANELS." ~ O Q m I I I ~~ i I _ ~ .04 ~ ~cr}-pay -=-ii-&N .~ ~ I~ m~ o I I _ 1 I ~ Q. lC) q I ii II LOW POINT ELEV , 51409 i HIGH~INT_-E V =. _51 4Q-~ .____._~ ~~- se_~_____- -- --~ - --- ~ 0 ~- -- - --- --PVI'-STA-'=`'19+80:0 i ., I - i ~- - jPVI STA = 18+30.00 j J u m ~ I _I ~ o o =1.2.,2 ?~._-_...°n_.. .~. w~ ~.- --- - - 525 O Q Q ~ ~- ~ - ~ GRADE CHANGE -, 4.0 ~ I a .~... GRADE_CHAL`1G-E~.E ~~t8~ o ~ - 525 I I ~ ~ - I-~ ~ I j I --- ~- ~----p ,- f< -115.56 ~ J w 1 ~ - ~-._.. - .___ .. ° ------ _ a ~ .__ II _- I ~__ ~ u ~ ~ )___.~_ ~-- ~-_-_ -a-~- ~ I--- 1....--- --- - -~- ~ f ~ _ _ _.-- _. - a ~ ._ .__ ~. ~; __ -. __ - _._J-_.._._ ~- ~ + ~L~ N ~.... __. I '~~ N U J i ~~_. 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NIGH~INT E4~ ~ -. ° I i 6~8tY.00 ~- TA = 18+110.00 0 ~ ~ ^ ~ ^ J c I I PVI FI EV:n_513.65 , ELEV- ~ 5-i &9 0 0 G J ~ J ~ --- GRADE CHANGE 4.0 R 1. I ~ o o ° DEi0~8_N~5.5fi .2 + ~ ~ ~m ~~~ ~ 525 m 3 525 ~ I i I I ~ ,I ~= 50:fJC~ -- j --}--- ~-o .- m _ I I °'` 1- ~-~ I o c o I _- -~._ .. _ _._.. ~ ~ I I I I ._a. ~ I _- I I .. 1 -I _1___! - ! I I ___ _J.-_. ~,. a~ ~. N._._ .- II I~ _ _ I -N ~.. I . a- °- I _ I _--1_ ~ --_ U c I~ ~ ~c~ _ L _co -, a- -L. I- -_ I •• w I i I ' ' -_ I- --- I I 520 mw,; S2o I I I I I I I> I 1 1 1 I I I I I I I i ~ I I I-. 4% I I I ~_-- °'~ i I I •' -- I ~ -I I I v~ __ I •;N '' __ .- _. ~. I - ~_-. o ~ r i I I m II o I I 5 ~ i _~ ~ --~ - -_ .~.._ _ - ~ ( I ( ~ m I I I I I r PROP- ,--- I I OSED RIGHT TOC ~' - ~ I _ - ~ D ~ ~ _ - - ~ I _ _.- ~ - _ 1 ~ ~-_ 515 ~, _ .__ __ ~[ I ~ I I I I ~ ~ _ . ~._ - GHT R W I -_ -- _ -_. _~ s _ XI NG G 515 ~' ~ e I ~, ~I I I ~ ~~ ~ ~ I II ~ ~ _I .-I ----. - -- I - ---I- I ( I _ ) ~~ I I w ~2. h = ,_._-i-"--~--_ = - -' - -, --~, -- --t- ~ i -~ ~ ~ -'~_L I ROUND A~ RI I- ~ ~- I z ; ---~ I N' I I. I i 1 I ~ ~ ~-__-_ ~ j I ' / I - .._._--_._ ~ ....'---- ... _........_. ,-. _l- !__._L-.... _. ... _..._._ I. .._. m-~---'~ I ~_..._. ~ .._-.. ._.-._a --~- -I ... tr- L I n I _I m~ .J_. ~..~ SHEET o ,o W a _- _ I ~ _. ~-T- _ ~ fl I j i _ <~ I I ~'I I ~ I _ ~I~ I_ ~_ I T I 1 n ~- ;, I ~ _ °' I . , _ ~-~--T ~ -~- I __~ --~_ „ I ~I ~~ 51 o P P - 4 I ". ~~ 510 ~ I ~ I I I I ~ I I 1- I I" I I I " ~~~ I ~- 1 ~! ~ '~ ~~ I I I I I I I I I I ~I I I I sEa. 15+00 15+50 16+00 16+50 17+00 17+5D 18+00 18+50 ~ 19+00 19+50 2a+0a ii OF 48 a