WA9701-AG050712AGENDA REQUEST FORM
COPPELL
ITEM CAPTION:
DEPT: Engineering
DATE: Jnly 12, 2005
ITEM #: 8/B
Consider approval of a resolution approving a License Agreement between Dallas Area Rapid Transit (DART) and
the City of Coppell for the purpose of constructing, installing, operating and maintaining a 16" water line crossing
near Denton Tap Road; and authorizing the City Manager to execute all necessary documents associated with the
License Agreement; and authorizing the Mayor to sign.
GOAL(S):
APPROVED BY
CITY COUNCIL
ON ABOVE DATE
Motion to Approve
Res# 2005-0712, 1
M - York
S - Suhy
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EXECUTIVE SUMMARY:
Approval of the resolution will approve the license agreement and allow the City Manger to execute the license
agreement needed for the installation of a 16" water line, which will cross the Cotton Belt Line at Mile Post
608.35, near Denton Tap Rd. The DART crossing will be constructed with the Denton Tap Road water line
project from Bethel Rd. to Airline Dr.
Staff will be available to ansxver any questions at the Council meeting.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04
Document Name: #DART Lic Agent
T H E · C~ I T Y , 0 F
MEMORANDUM
TO:
Mayor and City Council
FROM: Kenneth M. Griffin, P.E., Director of Engineering and Public Works
DATE: July 12, 2005
Consider approval of a resolution approving a License Agreement between Dallas
Area Rapid Transit (DART) and the City of Coppell for the purpose of
constructing, installing, operating and maintaining a 16" water line crossing near
Denton Tap Road; and authorizing the City Manager to execute all necessary
documents associated with the License Agreement; and authorizing the Mayor to
sign.
On April 9, 2002, the City of Coppell approved a design contract with Birkhoff, Hendricks &
Conway Consulting Engineers for the design of a 16" water line along Belt Line Rd./Denton Tap
Rd. from Airline Dr. to Bethel Rd. Currently, an 8" water line exists in that location. The
replacement of the 8" with the 16" water line was identified on the City of Coppell's Water
Master Plan. In order to construct the water line, we will need to pass beneath the DART rail
line located approximately midway between Southwestern Blvd. and Bethel Rd. Information
concerning the crossing was previously submitted to DART, which has subsequently approved
the crossing.
This agenda item is seeking approval of the license agreement provided by DART and
authorizing the City Manager to execute all necessary documents associated with the license
agreement. The license agreement is virtually identical to the seven other license agreements
that the City has obtained to cross DART rail line at various locations within the City.
Staff recommends approval of the license agreement between Dallas Area Rapid Transit and the
City of Coppell and approval of the authorization for the City Manager to execute all necessary
documents. Staff will be available to answer any questions at the Council meeting.
RESOLUTION NO. --~)~'~'~(~7/Z . [
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS, APPROVING A LICENSE AGREEMENT BETWEEN
DALLAS AREA RAP1D TRANSIT AND THE CITY OF COPPELL FOR
THE PURPOSE OF CONSTRUCTING, INSTALLING, OPERATING AND
MAINTAINING A 16" WATER LINE CROSSING NEAR DENTON TAP
ROAD, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
NECESSARY DOCUMENTS ASSOCIATED WITH THE LICENSE
AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION 1. That the City Council of the City of Coppell hereby approves the License
Agreement between Dallas Area Rapid Transit and the City of Coppell.
SECTION 2. That the City Manager is hereby authorized to execute all documents
associated with the License Agreement bet;veen Dallas Area Rapid Transit and the City of
Coppell for the purpose of constructing, installing, operating and maintaining a 16" water line
crossing near Denton Tap Road in association with the installation of the Denton Tap Road
Water Line Project No. WA 97-01.
SECTION 3. This Resolution shall become effective immediately from and after its
passage, as the law and charter in such cases provide.
DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this
the /,Z ~¥'~"'day oI~J~, 2005~_.
APPROVED AS TO FORM:
'..._)
'OVER, MAYOR
t~Y BAI~IgY SECRETARY
ROBERT E. HAGER, CITY ATTORNEY
Dallas Area Rapid Transit
PO, Box 660163
Dallas,Texas 75266-0163
214/749-3278
August 17, 2005
Mr. Kenneth Griffin, P.E.
Director of Engineering/Public Works
255 Parkway Blvd.
P.O. Box 9478
Coppell, Texas 75019
Re~
License Agreement No. 200670 for construction, installation, maintenance and
operation of 16-inch water line crossing the Cotton Belt Line at Denton Tap Road,
at Mile Post 608.35 in Coppell, Dallas County, Texas.
Dear Mr. Griffin:
Enclosed is a fully-executed original for the above referenced agreement for the city's
records. Any future correspondence regarding this license should reference the
agreement number as noted above.
Please see that all three originals of the Standard Construction Agreement and
Contractor's Right of Entry are forwarded to your contractor, and signed by the president
or a vice president of the company and retumed to my attention together with evidence of
insurance which meets the requirements set forth on pages 2-4 of the Standard
Construction Agreement. No work within the DART right of way is authorized until
these documents are signed and evidence of insurance is approved by DART's Risk
Management Department. Additionally, both DART and the Railroad must be notified at
least five (5) working days before commencing work on DART premises and within five
(5) working days after such work is completed.
If you have any questions, please contact me directly at (214) 749-3525.
Sincerely,
Denise M. Perez
Right of Way Representative II
Commuter Rail & Railroad Management
Enclosure
200670
AGREEMENT NO.
LICENSE AGREEMENT
THIS Agreement, by and between DALLAS AREA RAPID TRANSIT ("DART"), a regional
transportation authority, created, organized and existing pursuant to Chapter 452, Texas Transportation
Code, V.A.T.C.S., as amended (the "Act") and City of Coppell, a municipal corporation ("Licensee"),
acting herein by and through its duly authorized official, whose mailing address is 255 Parkway Blvd.,
P.O. Box 9478, Coppell, Texas 75019.
WITNESSETH:
h Purpose. DART hereby grants a license (the "License") to Licensee for the purposes of constructing,
installing, maintaining and operating one (1) 16-inch Water Line (the "Permitted Improvement") crossing
the Cotton Belt Line at Mile Post 608.35, in Coppell, Dallas County, Texas, more particularly described
as shown in Exhibit "A" attached hereto and incorporated herein for all pertinent purposes, (the
"Property").
The Property shall be used by Licensee solely for the purpose of operating and maintaining the
perrmtted Improvement (the "Permitted Use"). Licensee's right to enter upon and use the Property shall
be limited solely to the Permitted Use and the Penmtted Improvement.
2. Term. This License shall begin on the 1'~ day of July, 2005 (the !:Term") and continue thereafter until
terrmnated by either- party as provided herein.
3. Consideration. The consideration for the granting of this License shall be (a) payment by Licensee to
DART the sum of TEN AND NO/100 ($10.00) DOLLARS cash in hand paid and (b) the performance
by Licensee of each of the obligations undertaken by Licensee in this License.
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 DART, any
Railroad, utility, or communication company, public or private; (b) to all vested rights presently owned
by any Railroad, utility or communication company, located within the boundaries of the Property; and
(c) to any existing lease, license or other interest in the Property granted by DART to any individual,
corporation or other entity, public or private.
5. Design, Construction, Operation and Maintenance. DART's use of the Property and adjoirdng
property may include the use of electrically powered equipment. Notwithstanding DART'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 Improvement and that such presence could produce corrosive effects to the
Permitted Improvement.
5.0l. Ail design, construction, reconstruction, replacement, removal, operation and maintenance
of the Permitted Improvement on the Property shall be done in such a manner so as not to interfere in any
way with the operations of DART or other Railroad operations. In particular, cathodic protection or other
stray current corrosion control measures of the Permitted Improvement as required shall be made a part of
the design and construction of the perrmtted improvement.
5.02. During the design phase and prior to commencing any 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 DART and
Railroad. Such approval shall not be unreasonably withheld. No work shall commence until said plans
LICENSE-Cily of CoppelI-Denton Tap Road 1 of 6 Mile post 60835
have ~een approved by DART.
5.03. By acceptance of this License, Licensee agrees to design, construct and maintain the
Permitted Improvement 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
Agreement.
5.04 By acceptance of this License, Licensee covenants and agrees to institute and maintain a
reasonable testing program to determine whether or not additional cathodic protection of its Permitted
Improvement 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. Absence of markers does not constitute a warranty by DART that there are no
subsurface installations on the Property.
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, required to carry on any activity permitted herein.
7. DART's Standard Contract and Insurance. No work on thc Property shall be commenced by
Licensee or any contractor for Liccnsen until such Licensee or contractor shall have executed DART's
Standard Contractor's Agreement covering such work, and has furnished insurance coverage in such
amounts and types as shah be satisfactory to DART. A company-issued photo identification of Licensee's
employees, contractors or agents shall be required to work on the Property.
8. Duty of Care in Construction. Licensee or its contractor shall use reasonable care during the
construction per/od 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 DART. If the failure
to use reasonable care by the Licensee or its contractor causes damage to the Property or any adjacent
property, the Licensee and/or its contractor shall immediately replace or repair the damage at no cost or
expense to DART. If Licensee or its contractor fails or refuses to make or effect any such repair or
replacement, DART 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
DART upon demand.
9. Environmental Protection.
9.0I. 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 insure 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.
LICENSE-City of Coppell-Denton Tap Road 2 of 6 Mile Post 608.35
9.04. Licensee shall indemnify and hold DART and Railroad harmless against all cost of
environmental clean up to the Property resulting from Licensee's use of the Property under this
Agreement.
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. The Permitted Improvement shall be maintained by
the Licensee in such a manner as to keep the Property in a good and safe condition with respect to
Licensee's use. In thc event the Licensee falls to maintain the Property as required, upon discovery,
DART 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, DART shall have the right, but not thc
obligation to remedy such failure at the sole cost and expense of Licensee. In the event DART exercises
its right to remedy Licensee's failure, Licensee agrees to immediately pay to DART all costs incurred by
DART upon demand.
12. Future Use by DART.
12.01. This License is made expressly subject and subordinate to the right of DART to use the
Property for any purpose whatsoever.
12.02. In the event that DART shall, at any time subsequent to the date of this Agreement, at its
sole discretion, determine that the relocation of the Permitted Improvement shall be necessary or
convenient for DART's use of the Property, Licensee shall, at its sole cost and expense relocate said
Permitted Improvement so as not to interfere with DART's or DART's assigns use of the Property. In this
regard, DART may, but is not obligated to, designate other property for the relocation of the Permitted
Improvement. A minimum of thirty (30) days written notice for the exemise of one or more of the above
actions shall be given by DART. Relocation will occur within thirty (30) days, unless extended by
mutual agreement of the parties.
13. Relocation Benefits. The parties hereto agree that the construction of the Permitted Improvement on
the Property shall be subsequent to the acquisition of the Property by DART and that Licensee does
hereby waive any and all claim that it may have under the Act, or otherwise, regarding the payment of
any and all relocation benefits and that all costs associated with any relocation of such Improvements
shall be borne by Licensee.
14. 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 Improvement; (b) in the event
Licensee shall relocate the Permitted Improvement from the Property; (c) upon termination in accordance
with paragraph 19 of this Agreement, whichever event first occurs.
15. Compliance With Laws and Regulations. Licensee agrees to abide by and be governed by ali
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 DART harmless from any failure to so abide and all actions resulting therefrom.
16. Indemnification.
I6.01. Licensee shall defend, protect, and keep DART and the 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, its
LICENSE-City of Coppell-Denton Tap Road 3 of 6 Mile Post 608.35
emplpyees, bfficers, agents, contractors, or assigns, or those holding under Licensee;
16.02. Licensee shah at all times protect, indemnify and it is the express intention of the
parties hereto that Licensee hold DART and the 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 said Property resulting from use of the
Property by Licensee, its officers, employees, agents, customers and invitees;
16.03. Licensee shall at all times protect, indemnify and hold DART and the 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 any failure of Licensee, its employees, officers, agents,
contractors or assigns in any respect to comply with and perform all the requirements and
provisions hereof.
17. Termination of License. At such time as this License may be terminated or canceled for any reason
whatsoever, Licensee, upon request by DART, shall remove all improvements and appurtenances owned
by it, situated in, on, under or attached to the Property, regardless of whether or not such improvements
were placed thereon by Licensee, and shall restore the Property to a condition satisfactory to DART, at
Licensee's sole expense.
18. Assignment. Licensee shall not assign or transfer its rights under this Agreement in whole or in part,
or permit any other person or entity to use the License hereby granted without the prior written consent of
DART which DART is under no obligation to grant.
19. Methods of Termination. This Agreement may be terminated in any ofthe following ways:
19.01. By written Agreement of both parties;
19.02. By either party giving the other party thirty (30) days written notice;
19.03. By either party, upon failure of the other party to perform its obligations as set forth in
this Agreement.
20. Miscellaneous.
20.01. Notice. When notice is permitted or required by this Agreement, 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 OR
1401 Pacific Avenue
Dallas, Texas 75202-7210
ATTN: Railroad Management
P. O. Box 660163
Dallas, Texas 75266-7210
LICENSEE:
City of Coppell
255 Parkway Blvd.
P.O. Box 9478
Coppell, Texas 75019
Either party may from time to time designate another and different address for receipt of notice
by giving notice of such change of address.
21.02. Governing Law. This Agreement shall be construed under and in accordance with the
laws of the State of Texas.
LICENSE-Ciiy of CoppelbDenton Tap Road 4 of 6 Mile Post 608.35
21.(~3. Entirety and Amendments. This Agreement 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 may be amended or supplemented only by a written instrument executed by
the party against whom enforcement is sought.
21.04. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the
executing parties and their respective heirs, personal representatives, successors and assigns.
21.05. Number and Gender. Words of any gender used in tkis Agreement 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.
L ~.~x/ WITNESS WHEREOF, the parties have executed this Agreement in multiple originals this
/7 da of
LICENSOR:
DALLAS AREA RAPID TRANSIT
BY:~
Vice President
Commuter Rail & Railroad Management
LICENSEE:
CITY OF COPPELL
Printed ~ 311t WlTT
Title: City l~lanager
LICENSE-City of CoppelI-Denton Tap Road 5 of 6 Mile Post 608,35
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