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HomeMy WebLinkAboutContract 46529 CITY 8ECRETAIt �,P.,S_Aa CONTRACT N0.! L AGREEMENT NO.JjOa35s4 PUBLIC ROAD CROSSING LICENSE AGREEMENT THIS Agreement ("License"), by and between TRINITY RAILWAY EXPRESS ("Licensor"), and the CITY OF FORT WORTH, a Texas home rule municipal corporation ("Licensee"), acting by and through its duly authorized official, whose mailing address is 1000 Throckmorton, Fort Worth, Texas 76102. WITNESSETH: WHEREAS, Trinity Railway Express ("TRE") is the assumed name under which commuter rail operations are being conducted by DALLAS AREA RAPID TRANSIT ("DART") and the FORT WORTH TRANSPORTATION AUTHORITY (the "T"), both regional transportation authorities created pursuant to Chapter 452, Texas Transportation Code,as amended(the "Act");and WHEREAS, pursuant to agreements between Licensor and Burlington Northern Santa Fe Railway Company, Union Pacific Railroad Company, and Dallas, Garland & Northeastern Railroad Company (individually or collectively herein the "Railroad"), freight railroad and/or passenger operations exist on the railroad corridor between Dallas and Fort Worth, Texas, now owned by DART and the T; and WHEREAS, Licensor now owns certain railroad right-of-way within the city limits of the Licensee; and WHEREAS, Licensee has an existing public road known as Norwood Drive that crosses Licensor's railroad right-of-way with an at-grade railroad crossing("Public Road Crossing"), identified as DOT No. 598351C;and WHEREAS, Licensee proposes the reconstruction of the Public Road Crossing within Norwood Drive, with new concrete panels, asphalt, and signal system modifications, in accordance with Licensor's standards(the"Project"); NOW, THEREFORE, 1. Purpose. Licensor hereby grants this License to Licensee for the purpose of constructing, reconstructing, installing and maintaining an at-grade, two-lane, 37-foot public road crossing (the "Permitted Uses"). This road crossing is located at Norwood Drive, within a 150-foot to 200-foot wide TRE right-of-way covering an area approximately 7,400 square feet(the "Property"). The road will cross Licensor's right-of-way at Mile Post 621.73, in Fort Worth, Tarrant County, Texas, more particularly as C-a m shown on Exhibit A, consisting of sheets Al to A7, Exhibits BI and B2 (Crossing Labor and Materials, < $209,942.02) and B3 and B4 (Signals Labor and Materials, $90,887.26), and C-1 and C-2 Property o Description of License Agreement attached hereto and incorporated herein for all pertinent purposes. a 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, Nand approaches(the"Permitted Improvements"). 0 cry 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 OFFICIAL RECORD Fort Worth—Norwood Drive CITY SECRETARY Mile Post 621.73 Public Road Crossing 1 of 8 FT.WORTH,TX 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 2.02. The payment of the sum of TEN AND NO/100($10.00)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 2.04 The reimbursement by Licensee to Licensor for all labor and materials, furnished by Licensor or Licensor's contractor, 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 an invoice by Licensor. The estimates are shown in Section 1, Purpose. If actual costs are less than estimates, only actual costs will be invoiced. If actual costs are greater than estimates, Licensee will be notified within a reasonable time prior to conclusion of work and Licensee shall pay such actual costs promptly upon receipt of an invoice, and 2.05 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 Licensor due to deterioration or obsolescence of the crossing material. 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 March 1, 2015, 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. Licensee waives any claim and releases Licensor with regard to any claim arising from such corrosion. 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. Fort Worth—Norwood Drive Mile Post 621.73 Public Road Crossing 2 of 8 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 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. 5.03. Licensee agrees to design, construct, reconstruct and maintain the Permitted Improvements, except the active warning devices/signals, in such a manner so as not to create a hazard to the use of the Property, and further,but without waiving any privileges or immunities, agrees to pay any damages which may arise by reason of Licensee's use of the Property. 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 agrees to be responsible for the cost of reconstruction of the crossing surface upon the expiration of the useful life of the crossing surface, subject to authorization of funds by Licensee's governing body. 5.06. Prior to the start of construction of the Project, 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 repair damage caused by any additional drainage created by Licensee's Project which is distributed onto and within Licensor's right of way from the point of entry to the exit point of Licensor's Property. Licensee shall provide such additional drainage improvement as may be necessary to restore drainage conditions as they were prior to work activities hereunder. 5.08. Licensee shall provide traffic control and all necessary safety measures during construction operations to accommodate work by Licensor's contractor. 5.09. Licensor makes no warranty regarding subsurface installations on the Property. Licensee shall conduct its own inspection of same and will not rely on the absence or presence of markers. 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 any contractor for Licensee until such contractor shall have executed Licensor's Construction Agreement and Contractor's Right of Entry 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 Fort Worth—Norwood Drive Mile Post 621.73 Public Road Crossing 3 of 8 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. 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 by Licensee or its Contractors, 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. To the extent allowed by law, 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. Nothing contained herein shall ever be construed so as to require Licensee to create a sinking fund or to access, levy and collect any tax to fund its obligations under this Section 9. 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 Licensor. 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. Fort Worth—Norwood Drive Mile Post 621.73 Public Road Crossing 4 of 8 12.02. In the event that Licensor shall, at any time subsequent to the date of this License, at its reasonable discretion, determine that the relocation of the Permitted Improvements shall be necessary 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 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. Licensor shall give Licensee a minimum of thirty (30) days written notice of any required relocation or modification. Licensee shall promptly commence to make the required changes thereafter and shall diligently complete the modification or relocation as required within a reasonable period. 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 Administration (FRA) requirements for whistles at at-grade public and private road crossings and requirements for Positive Train Control (PTC) for controlling and monitoring train movements to assure safety and efficiency when passenger service is implemented. 15. Indemnification. 15.01 To the extent allowed by law, Licensee shall protect, indemnify, defend and hold Licensor and the Railroad harmless against and from any and all loss, cost, damage or expense, including attorney's fees and including, without limitation, claims of negligence, arising out of this License (including by example and not limitation, Licensee's acts or failure to act hereunder), Licensee's use in any way of the Property arising from the violation of any law by Licensee, or arising from any accident or other occurrence on or about the Property, resulting in personal injury, death, or property damage, except to the extent fault is judicially determined against Licensor. 15.02 Nothing contained herein shall ever be construed so as to require Licensee to create a sinking fund or to access,levy and collect any tax to fund its obligations under this Section 15. 16. Termination of License. At such time as this License may be terminated or cancelled for any reason whatsoever, 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. 18. Methods of Termination. This License may be terminated in any of the following ways: Fort Worth—Norwood Drive Mile Post 621.73 Public Road Crossing 5 of 8 18.0 1. Written agreement of both parties; or 18.02. By either party giving the other party ninety(90)days written notice. 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: Trinity Railway Express C/o Dallas Area Rapid Transit P. O. Box 660163 Or 1401 Pacific Avenue Dallas, Texas 75266-7210 Dallas, Texas 75202-7210 Attn: Railroad Management LICENSEE: City of Fort Worth c/o Director,Transportation and Public Works Department 1000 Throckmorton Fort Worth,Texas 76102 With a copy to: City of Fort Worth c/o City Attorney 1000 Throckmorton Fort Worth, Texas 76102 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. Entirety 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 may be 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. Fort Worth—Norwood Drive Mile Post 621.73 Public Road Crossing 6 of 8 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 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. 19.08. New Agreement. It is mutually agreed and understood that this License cancels and supersedes any previous agreements granted by Licensor to Licensee in regard to this Norwood Drive public road crossing at Mile Post 621.73. Signatures on following page Fort Worth—Norwood Drive Mile Post 621.73 Public Road Crossing 7 Of 8 IN WITNESS WHEREOF, the parties have executed this License in multiple originals this-�64day of kkWl ,201,5. LICENSOR: TRINITY RAILWAY EXPRESS By: DALLAS AREA RAPID TRANSIT BY: MAUREEN MCCOLE Vice President, Commuter Rail &Railroad Management LICENSEE: CITY OF FORT WORTH BY: c�+►atO�.(..� FERNANDO COSTA Assistant City Manager APPROVAL RECOMMENDED: i BY: DOUGLA W. WIERSIG, P.E. Director, Dept. of Transportation an Public Works APPROVED AS A FORM AND LEGALITY: M&C L - 21.121 BY: Qz��� Date: 2 - (q -13r DOUGLAS `.'. 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X [0 Of 9l �0--01-0102 B W11 b EXHIBIT B— CD 10*) Co r� N CD N N CD N N O 00 00 7 M 7 N N M M M N CMO N O CD 00 � r- LO ^ co O M t� CO a0 r r 00 r W co nj rM- Ln � N (D � et r- M L(� m CO LO OC M r� O J �t M O N O O Ln CO N Cp ('7 I- F, Ln a N Q , N M W 06 (3 n O) 1 C6 0) (D r O O 63 ER 64 63 69 Efl 69 64 69 63 64 E q Efl 69 69 EPJ 69 69 �} CD a 00 � � N N It trm\ M — M co 'D "a o o co C3 2 N N N Ci (D"d _a CO O O YO cv C� rr11 /,r��� E ~ 07 V N ONi x Ln LD V U U V V (11 Z tD O /�� Cl. >1 (n w UJ O M I N Ln m O N N fn cn V C (n O N O Ln N LLnn O^i F, u-) (6 a O 50 M .--I Ln m M / Ln V3 W W iA- iA- -U+ 6} iA- iA- 61- iA- br + iA- o (n � -C p cu O c� Z 0O O Y L a Y Y Q m N 0) M coW O) CD co 00 (0 F— � O N N NCO (YO Y O � _ O c r. CU - O W U) 0 0^i o N "o � oM N m O U O a Z U In q M V' C l r z C cu M + M O� O O 1� N 0] M .1 O-� N m C O W� ' i- 6� t+ i- i- i}} 6} fR -U+ � {R U {R fR LLJ 00 00 O m m C3 (f) O to 67 N W od C+7 M W co O Lu = M W d m ^ S r W 69 6) 6) 63 Efl 69 61 69 69 6� 6, Efl 64 Q CL J to ko 00 00 M Cl) W Lr Lr) Cl) 0 Qw Z g w X 69 61 61 69 69 69 69 61 69 69 } � 64 69 m w zCOQ co co :DJ J 0 co ca Z � 2 2 O F= O W d ,- r r M r r N N r r � N (14 U W U Z w O m o 0 Z LILLO U It O Cl) m = LL ca C� (0 C!J = 0 a N a Q O (o N o = L C @ '@ m m Z ` O 6 m OZf O w o ca w L O w LL W '� �p Q d C� Q 'Q N '� Q m m -0 co cv 6 S N � � Z w U) I Cl) a 2 2 x r) 0 U W o p 2 T- <Q .- N W N M v M CO r- co m a U W h EXHIBIT B-a- M E 0 UA O a� c O � Z o (U r.+ 0 C u in ug u . �o to _I H V ,= C >• >• �• >• po c m v> > u n a r m CC) E `p E E E E E E E 'o c c t� c' yup o 0 0 0 0 DI N Sh Ol Ol O) �l 01 Cpl '� m ~ ~ 3 L '0 '0 'M '0 aw' c 3 c c 3 c c c c c 01 u �2 Q w w w w a w w f H t X rn m m M m w x a z z z z z z Z z N 'gyp m m ` 0 a � � a5 aaaaa � m fT E � CL m ca 1 1 1 1 1 1I I I I I I I I F Ln n ll� t0 tL1�� Oai � V pO � VO' .4 M coN, tW0 N � tQ 0 00 00 O 000 Or% _l M VM' N M N Ln N O Ln d4' N kD O d1' -4 .moi 'd N M 00 6 Q 01 01 tD M N N O1 O -4 rq rq .-i M .-i .-i m t0 OD 4 co H A-Uto AA- to +fr tnr to tnr itr yr tnr jy. tPr b� ta- ta- ta- +bs Vr ta. b0- tn- v+ tn- 4A- 17n LOA to M O Ln n n N N Ln N p A Q Ch N n f V M n O .�I d: M V NN C) V 001 M: i 01 Z N .d z d M ti N .-� N M Obi � � N Ln Ln O� f V nl �i 01 � L°f +!Pr d! � tPr V! iAr d! tPr V} 9T yr io}o'} bs U t � m �J F IN rq 0 00 rj N ,--I M N .-� M ri r-I LO N N c)' M C) NtD (7 A C i .-i LU t�O N T i 0) }. Yt'_"� t'—n� m m .42 s f Oa a atco oC oC , Y! vYc aC � 00 W Xm0 � *- ce Cm I \ 14 v)o o :a m e r aci c Q P 5r 3 ,t 'a U 4 u ,rn n oo C 0 LU LA M1Cp W L6 M ►. 'M 0 sap N 3. oC U 3 a f M4 _i,.a .-, .a .-� 01 a ,-� Q a :� f- o� ti tp V ' EXHIBIT B— 3 )I m o rn C Cn rn 00 m I ttr Nt o co a0 00 c0 00 M N 0N N (y CV 4 N O rl �` 00 OD LON O N co ci4co N 00 0 = O O O O 0 ., ~ F O 0 O 1 1 ID Z CE � _ (6 04 0 4 a c{ � O? 0 ' W Ul 69 EA (A. b4 W � r it @) o Cl) N 0 0 0 0 0 0 m a u V _ _E o W 3 N O > W O F z,.;.' In ++ O 0 n 'p o ca E N v 12 t JQ Q. C ' fH E+9 EA 60 •� V O " W t p W O O Q d1 O O O a ' O w - J J O 0 ~ Q LLS00 OD V) Cl) ,4 Ni s o 0 a C4 (V) t J J Z V� �, c•1 ei a� rl ei U y W Fa n N uU UD 3 N LLJ (0 d E o a a E w Q a 03 cr co uii vi EXHIBIT B-4 �rrio«`'"i� DNooo�-fi orl ocNi oo0 Moh M0rl aM M0 Om �Ni MN 0 O0 0rl M0 0 0 0 0.-1 014: i 0 0 0co oi- m0000000i- -101100000 - 00 00ooN od40i � M0r ( 0 ) MotiLO (O N co co 't r- w O M 't O M M 0 N co O rl N O In 14 LO M NN M M 07 c-1 O a - N m T M N O V O CO O U*) op N o o to O) .-1 (O O O O O U') LO o 0 o r- co 0 O) n O) N (O M I:t O O M O O O o 0 0 0 r- rq O O r- (O N O O �- MO a' `4 O 4 c4 O lf) N m 0 L6 N O a (f) c0 O a N r- O M "1 (O r- O O r- p U (O � ci 1� CO -4 c-1 00 LO (V O Ln Ul co LU U) <-1 Qa+ w C <a is 4a i4 <a :n -EAl � 4,4 e» t% t4 tir ea lbs 1.3 cn asrcr a � O O O' U 0 0 0 0 00 0 0 Uco ? 0 0 0 0 0 0 0 0 0 0 0.moi .N-{ LO O O O O N N N N N N X N N N N N N N Q N y� LU `W Q F-- U H to U U CJ Q m > t LO a) p L W U J O N N N U _0 C c O � C L N L C h0 r E vi 3 C _C U) 7 i0 a H O O O m nn c CL m N 0 o . 0 70 _ 'a 0 3 O m c m r' m o 0 rn M a c 0 M L (7 N (�) U r3 x 70 O J Y N N r x E c D O O (O � (O ci N CO Cl Q Ur ++` c d uj 3 11 LO Z Y ON 0) U U C n` Q C U 7 N CD C N ca1x a ca M i L U �— U7 m .U. O k,` (�S U O U W M b=D .O Q ci 0 0 .O-. O G J x +t_+ CU a N C7 O W \ N O m '3 O Y 2CNO O.. \ M CO O N O CY N Y C,) N c� (V O U i o M o v- m 0 3 c M x - (° LO o 0 w mc0 (� (0 r.L 3 v e`� E m c3 (0 `l c LU O a c m 3 E bu F = c a m Ln e0 :° d m � z0 (wn = (° N r- o 0 a a a 0 c c o � m x a D°- aY LUr c3 c :Sp CA '�n -a L¢ im (n EO o o a (rynl Ya� Y U) = o 0 (n mc bec)0c U) ti'Elmo co ° U Q � vc � � 5D U. M ) 2 (7 � w m � oao in nN w 0 NORWOOD DRIVE FROM TRINITY BOULEVARD TO S.H. 10 LICENSE AGREEMENT CITY PROJECT-02180 HURST,TEXAS 76053 J.W. HAYNES SURVEY,ABSTRACT NO.789 SIMON COTRAIL SURVEY,ABSTRACT NO. 330 EXHIBIT C-1 BEING a tract of land situated in the J.W. Haynes Survey, Abstract No. 789 and the Simon Cotrail Survey, Abstract No.330, City of Hurst, Tarrant County, Texas and being part of a tract of land described in Bill of Sale to the City of Dallas and the City of Fort Worth, recorded in Volume 7580, Page 920, Deed Records of Tarrant County, Texas and being more particularly described as follows: BEGINNING at a 1/2" iron rod found at the intersection of the east right-of-way line of Norwood Drive (a variable width right-of-way) and the south right-of-way line of the Dallas Fort Worth Railtran (a variable width right-of-way) and at the northwest corner of Lot 1, Block 4, Bell Helicopter Industrial Park, an addition to the City of Fort Worth, Texas according to the plat recorded in Volume 388-128, Page 11, Official Public Records of Tarrant County, Texas; THENCE with the south right-of-way line of said Trinity Railway Express, North 85°54'22" West, a distance of 80.26 feet to a 5/8" iron rod with plastic cap stamped "KHA" set at the intersection of the west right-of-way line of said Norwood Drive and said south right-of-way line; THENCE departing said south right-of-way line, North 7°16'48" West, a distance of 153.00 feet to a 5/8" iron rod with plastic cap stamped "KHA" set at the intersection of the north right-of-way line of said Trinity Railway Express and said west right-of-way line and being at the southeast corner of Lot 3, Block 1, Kelly Moore Subdivision, an addition to the City of Fort Worth, Texas according to the plat recorded in Cabinet A, Slide 8638, Plat Records of Tarrant County, Texas; THENCE with said north right-of-way line, the following courses and distances: South 85054'22" East, a distance of 19.06 feet to a point for corner; North 0°33'15"West, a distance of 50.16 feet to a point for corner; South 85°54'22" East, at a distance of 38.61 feet, passing a 1/2" iron rod found at the intersection of said east row line and said north right-of-way line, and at the southwest corner of Lot 1, W.M. Gosdin Addition, an addition to the City of Fort Worth, Texas according to the plat recorded in Volume 388-67, Page 30, Plat Records of Tarrant County, Texas, continuing with said north row line, in all a total distance of 79.40 feet to a 5/8" iron rod with plastic cap stamped "KHA"set for corner; THENCE departing said north right-of-way line, South 0°29'22" East, a distance of 200.64 feet to the POINT OF BEGINNING and containing 17,368 square feet or 0.399 acres of land. Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983. The distances shown on this survey are local surface distances A plat of even date herewith accompanies this legal description. OF �I A A BROWN 1, 5336:�Pv� DANA BROWN FESS�. yo REGISTERED PROFESSIONAL LAND SURVEYOR 11 R v 1 % NO.5336 TEXAS FIRM NO, 101155-oo EXHIBIT C-1 PAGE 1 OF 1 `t, . EXHIBIT C-2 LICENSE AGREEMENT GENERALLY RECOGNIZED LLl PUBLIC ROAD >to LOT 1111,BLOCK 1 KELLY MOORER.O.W. (NORECORD FOUND) vz IRFc uNDEs' LOT 1 (C.M.) N.M.GOSDIN ADDITION SUBDIVISION R.O.W.DEDICATION VOL.388-67,PG.30 VOL.988-97,PG.3e CAB,A,SLIDE 8636 Q P.RT.aT. P.R.T.C.T. P.R.T.C.T. R.O.W.DEDICATIORNO°31'31"W BMC WEST CORPORATION N CAB.A SLIDE 9x19 P,R.T.C.T. 100.23' INST.NO.D207162489 LOT 3,BLOCK 1 112'IRF O.P.R.T.C.T. KELLY MOORE N0033'15"W a (C.M.) W E SUBDIVISION 50.16' O S85°54'22"E CAB.A,SLIDE 8636 Z — —79.40' P.R.T.C.T. S85°54'22"E ::.::::::.:.•.... ..::...... 19.06' CD...........,::�:::::: S BMC SOUTH CENTRAL,L.P. i i il27i:............i:4iii:.:=' 0 30 60 VOL.15918,PG.8 ::•:r:: ::.:..........:..:...� D.R.T.C.T. Grid N.ss78656.2391 �..:::::.::............ Grid E:2377332.7914 i�}:•;:}:?;;;::::c:r:::.:.crr.:c.:�.�.:::. ER Ro.w.1y,E _ - GRAPHIC SCALE IN FEET ::.::.::: ::: :::::::::::::::::::::::.. 0.399 ACRES J.W.HAYNES SURVEY b ABS o TRACT NO.789 17,368 SQ. FT. TRINITY 1r� ::•::;.:: ::;:•:...........:::: ::::::: .:":::;::::;:�o SIMON COTRAIL SURVEY RAILWAY " :::: ::'':. :..- N ABSTRACT NO.330 EXPRESS - - ::::....... .::•.:::::..........::... LEGEND NOTES d :.: "'': '::::::::":" ::. N C.M.=Controlling Monument Bearing system based on the Texas Coordinate r ADF=Aluminum disk found r (V i:(::� — o :. o System of 1983 North Central Zone 4202 IRF—iron rod found Y ( ). North American Datum of 1983. The distances Z N IRFC=iron rod w/cap found shown on this survey are local surface distances. XF="X"cut in concrete found O=5/8"iron rod with"KHA"cap A legal description of even date accompanies set unless otherwise noted. this p •=Point not set EX Raw.um PARCEL2P.O.B. _ — .. TEXAS INDUSTRIES, INC. I eo.o' -1 0 113+10.59, 55.21 RT VOL. 5784, PG. 478 R.O.W. Cl) D.R.T.C.T. 1/2"IRF Grid N:GrdE:6977498.7379 TEXAS PIPELINE COMPANY (Cm.) 20 (BLANKET EASEMENT) 60'ROW N85e54'22"W LOT 1,BLOCK 4 DEDICATION d BELL HELICOPTER VOL.1925,PG.64 ; 59.16' 10'ELECTRIC EASEMENT o VOL.38839,PG.65 d INDUSTRIAL PARK D.R.T.C.T. a I p.R.T.C.T. GENERALLY RECOGNIZED VOL.388-128,PG 11 VOL.4198,PG.325 d PUBLIC ROAD D.R.T.C.T. I NO RECORD FOUND) P.R.T.C.T. FORT WORTH CITY OF FORT WORTH 1000 THROCKMORTON STREET, FORT WORTH,TEXAS 76102 EXHIBIT SHOWING A �� OF T� LICENSE AGREEMENT "' HURST, TEXAS 76053 �.�P�Olsr��oc9 IN THE SIMON COTRAIL SURVEY, ABSTRACT NO. 330 a,,,; ,,,,,�„__�,• •„•..•..:•„ AND THD J.W. HAYNES SURVEY, ABSTRACT NO. 789 DANA GROWN CITY OF FORT WORTH, TARRANT COUNTY, TEXAS ••.•••••••.• .. '••..•.••.•..• RECORDED IN VOLUME 7580, PAGE 920, DEED RECORDS OF TARRANT o 5336 Pte:• !,9 '��FESS�� ' o� COUNTY, TEXAS N ' •.... .• y NORWOOD DRIVE FROM TRINITY BOULEVARD TO S.H.10 CITY PROJECT-02180 S U R ACQUISITION AREA: 17,368 SQUARE FEET OR 0.399 ACRES PROJECT.NO.064451212 DRAWN BY:SRD CAD FILE:064451212-Bell Norwood RR Esmt dg DANA BROWN REGISTERED PROFESSIONAL LAND SURVEYOR DATE.322015 EXHIBIT C-2 PAGE 1 OF 1 SCALE: 1”=60' NO.5336 TEXAS FIRM NO 101155-00 KIMLEY-HORN AND ASSOCIATES,INC. 12750 Merit Dnve,Suite 1000,Dallas,Texas 75251 Tel.No.(972)770-1300 Fax No.(972)239-3820 PLOTTED BY DUNN,STACY 312!2015 9:39 AM DWG PATH KiiDAL SURVEY5064451212-BELL-NORWOOD DRIVEIDWG LAST SAVED 3/2/2015 9:39 AM M&C - Council Agenda Pagel of 3 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 2/17/2015 -Ordinance No. 21642-02-2015 DATE: Tuesday, February 17, 2015 REFERENCE NO.: **C-27187 LOG NAME: 17ECFABELLNORWOODAMEND SUBJECT: Authorize Amendment to Mayor and Council Communication C-26027 Which Authorized Execution of an Enhanced Community Facilities Agreement with Bell Helicopter Textron, Inc., for the Reconstruction of Norwood Drive, as Amended by Mayor and Council Communication C-26761, to Revise the Scope and Increase the City Participation in the Project by an Additional$450,000.00 for a Revised City Participation Amount of$2,395,000.00 and Establish a Completion Deadline of December 30, 2015, Authorize Execution of a License Agreement with the Trinity Railway Express for Improvements of the Public Road Crossing at the Railroad Crossing at Norwood Drive, Authorize Temporary Closure of Norwood Drive from March 2, 2015 to August 21, 2015 for Construction Activities and Adopt Appropriation Ordinance (COUNCIL DISTRICT 5) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Transportation Impact Fee Fund in the amount of$450,000.00 from available funds; 2. Authorize the revised scope of the Enhanced Community Facilities Agreement with Bell Helicopter Textron, Inc., for the reconstruction of Norwood Drive between Trinity Boulevard and State Highway 10, thereby increasing City participation in the project by $450,000.00 for a revised total City participation amount of$2,395,000.00 and establishing a completion deadline for the project of December 30, 2015; 3. Authorize the execution of a Public Road Crossing Agreement with the Trinity Railway Express for signal and crossing panel construction at the Railroad Crossing at Norwood Drive; and 4. Authorize the temporary closure of Norwood Drive from March 2, 2015 to August 21, 2015 for construction activities. DISCUSSION: On December 18, 2012, (M&C C-26027) the City Council approved the execution of an Enhanced Community Facilities Agreement (ECFA) with Bell Helicopter Textron, Inc. (Bell), in an amount not to exceed $1,770,000.00 in City funds for the reconstruction of Norwood Drive between Trinity Boulevard and State Highway 10, for an estimated total project cost of $2,687,500.00. Of the City's amount, $1,000,000.00 was budgeted from the 2007 Critical Capital Program Enhanced CFA funds and $770,000.00 was budgeted from Transportation Impact Fee Funds. M&C C-26027 was subsequently amended on April 15, 2014 (M&C C-26761) to increase the City's participation by $175,000.00 in additional Transportation Impact Fee funds increasing the City's participation in the project to $1,945,000.00 for an estimated total project amount of $2,862,500.00. In addition to the City's participation, Tarrant County has pledged the amount of$628,434.40 toward the project, which is included in the overall total project amount. Since the approval of M&C C-26761, additional offsite drainage improvements in the amount of $149,170.00 were identified by Kimley-Horn and Associates, Inc., the design engineer. These costs are not eligible for transportation impact fee funding and will be paid from the 2007 Critical Capital Program Enhanced CFA funds. The additional Transportation Impact Fee Funds of $149,170.00 will be used for eligible construction costs of the Project. http://apps.cfwnet.org/ecouncil/printmc.asp?id=20781&print—true&DocType=Print 3/19/2015 M&C - Council Agenda Page 2 of 3 A Railroad Agreement with Trinity Railway Express in the amount of$300,830.00 has been negotiated to pay the cost of improvements to the railroad crossing allowing the crossing to become a Quiet Zone and will be paid from Transportation Impact Fee funds. These additional costs have increased the City's participation to$2,395,000.00 and the overall project amount from $2,862,500.00 to$3,323,669.97. Staff recommends that the City Council authorize the revised scope of the ECFA as described, extending the completion deadline for the project from September 30, 2015 to December 30, 2015 and increasing the City's funding obligations by the amount of $450,000.00 bringing the City's total participation in the project to $2,395,000.00. Bell will be responsible for any costs of the project in excess of total combined amount (City and County participation, Bell's contribution) of $3,323,669.97. This project was competitively bid by Bell pursuant to state law. Additionally, Bell's contractor, CD Builders requests the temporary closure of Norwood Drive from Trinity Boulevard to State Highway 10 from March 2, 2015 to August 21, 2015 to install waterline improvements, internal storm drain, driveways and roadway reconstruction from Trinity Boulevard to just north of TRE Railroad. This is to widen Norwood Drive from Trinity Boulevard to TRE Railroad from a two-lane concrete roadway to a three-lane concrete roadway and improve the asphalt roadway from the TRE Railroad to State Highway 10. A phased traffic control plan is part of the contract for the roadway improvements and access to all properties will be maintained at all times along Norwood Drive. The construction will be performed in phases along Norwood Drive. The full closure is requested due to the following reasons: . The existing roadway width will be consumed with the proposed roadway and storm drain improvements along Norwood Drive the entire length of the project. . The roadway will be widened at the railroad crossing therefore requiring the railroad crossings to be reconstructed and new railroad signal gates to be installed. . The roadway profile will be raised to improve the sight distance at the railroad crossing. The traffic control phasing plan will be coordinated with other CFA projects in the area. Notification of residential property owners and local businesses who will be affected by this project is planned. Street closures in excess of 10 days require the approval of City Council. TPW Traffic Management has reviewed, and concurs,with this request. The project is located in COUNCIL DISRICT 5, Mapsco 53X and 67B. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Transportation Impact Fee Fund. As of January 28, 2015, the Transportation Impact Fee Fund has$456,432.76 available for appropriation. After the appropriation recommended in this action is complete, the Transportation Impact Fee Fund will have$6,432.76 remaining for use. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers 1)C206 488139 061249991900 $450,000.00 2)C295 541200 175770193880 $149,170.00 1)C206 541200 061249991900 $450.000.00 3)C206 541200 175230193883 $300.830.00 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Jay Chapa (5804) Ossana Hermosillo (212-2665) Additional Information Contact: Robert Sturns (212-2663) http://apps.cfwnet.org/ecouncil/printmc.asp?id=20781&print—true&DocType=Print 3/19/2015 M&C - Council Agenda Page 3 of 3 ATTACHMENTS 1. 02-2015 Norwood Amendment FAR.pdf (CFW Internal) 2. 17CFABELLNORWOODAMEND C206 AO15.docx (Public) 3. 2015-01-15 DetourRoute.pdf (Public) 4. 2015-01-16 Location Map.pdf (Public) 5. C204 99901.doc (CFW Internal) 6. CFA Exhibit-Overall Norwood.pd (CFW Internal) 7. CFA ExhibitA WATER Norwood.pdf (CFW Internal) 8. CFA EXHIBITB PAVING Norwwod.pdf (CFW Internal) 9. CFA EXHIBITB1 STORM Norwood.pdf (CFW Internal) 10. CFA EXHIBITC SIGNALS Norwood .pd f (CFW internal) 11.. ECFA CFW Participation Norwood Bell 20150121 Final.pdf (CFW Internal) 12. Impact Fee Service Area M Balance 01-28-15.pdf (CFW Internal) http://apps.cfwnet.org/ecouncil/printrnc.asp?id=20781&print=true&DocType=Print 3/19/2015