HomeMy WebLinkAboutItem 06 - TEX Rail ProjectMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: APRIL 2, 2019
SUBJECT: APPROVAL OF 2019 INTERLOCAL AGREEMENT WITH
TRINITY METRO
RECOMMENDATION: City Council consider a resolution authorizing the Interlocal
Agreement with Trinity Metro relative to the TEX Rail Project, an
ordinance appropriating the funds
FUNDING SOURCE: Upon approval, funds in the amount of $33,000 will be available in
the Utility Enterprise Capital Fund 201.
BACKGROUND: The 2019 Interlocal Agreement memorializes design and
operational items that staffs from the City and Trinity Metro have
developed prior to and during the design and construction of the
project.
The agreement identifies the responsibilities of Trinity Metro as
well as the City during the design, construction and maintenance
phases of the rail project.
The document addresses:
1. Design standards, design reviews and construction acceptance
2. Public Works related issues including streets, drainage, traffic,
signals, roadway illumination, trails and City utilities
3. Trinity Metro responsibilities for Guideway, Quiet Zones and
TEX Rail Station
4. City Procedural issues including zoning, tree ordinance,
landscaping, permits, historic mitigation and right of entry
5. Grapevine Vintage Railroad (GVRR) Schedule / Operations
6. TEX Rail authorization for City to install landscaping, drainage,
bollards, pedestrian lighting and sidewalk adjacent to and
between the Grapevine Main Site and southernmost TEX Rail
Platform, as well as authorization for City to perform minor
maintenance and cleaning activities on the two TEX Rail
Station platforms to insure a consistent level of maintenance
and cleaning on City facilities and TEX Rail facilities.
7. GVRR relocation of Section Master's House
8. New sanitary sewer line constructed by TEX Rail to serve
GVRR at the City's cost.
Staff recommends approval.
RESOLUTION NO. 2019-020
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, AUTHORIZING THE CITY MANAGER
OR THE CITY MANAGER'S DESIGNEE TO ENTER INTO
THE INTERLOCAL AGREEMENT WITH TRINITY METRO
TO MEMORIALIZE THE DESIGN, CONSTRUCTION AND
OPERATIONAL RESPONSIBILITIES AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City of Grapevine, Texas is a local government in the State of
Texas and as such is empowered by the Texas Local Government Code, Section
271.101 and 271.102 and Interlocal Cooperation Act Texas Government Code, Chapter
791 to enter into interlocal agreements with other qualified entities in the State of Texas;
and
WHEREAS, the City of Grapevine, Texas has requested to enter into the Interlocal
Agreement with the governing body Trinity Metro to memorialize design, construction and
operational responsibilities; and
WHEREAS, all constitutional and statutory prerequisites for the approval of this
resolution have been met, including but not limited to the Open Meetings Act; and
WHEREAS, the City Council deems the adoption of this resolution to be in the best
interests of the health, safety, and welfare of the public.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS:
Section 1. That all matters stated hereinabove are found to be true and correct
and are incorporated herein as if copied in their entirety.
Section 2. That the City Manager or his designee is authorized to take all steps
necessary to consummate the Interlocal Agreement with Trinity Metro.
Section 3. That this resolution shall take effect from and after the date of its
passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 2nd day of April, 2019.
APPROVED:
William D. Tate
Mayor
ATTEST:
Tara Brooks
City Secretary
APPROVED AS TO FORM:
City Attorney
Resolution No. 2019-020
ORDINANCE NO. 2019-018
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS AUTHORIZING THE APPROPRIATION
OF $33,000 IN THE UTILITY ENTERPRISE CAPITAL FUND;
DECLARING AN EMERGENCY AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City Council of the City of Grapevine desires to make sanitary
sewer improvements to serve the Grapevine Vintage Railroad as part of the Interlocal
Agreement with Trinity Metro; and
WHEREAS, funding for the installation of the sanitary sewer improvement is
available in the Utility Enterprise Capital Fund; and
WHEREAS, all constitutional and statutory prerequisites for the approval of this
ordinance have been met, including but not limited to the Open Meetings Act and Chapter
211 of the Local Government Code; and
WHEREAS, the City Council deems the adoption of this ordinance to be in the best
interests of the health, safety, and welfare of the public.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1. That all matters stated hereinabove are found to be true and correct
and are incorporated herein by reference as if copied in their entirety.
Section 2. That the City Council of the City of Grapevine approves the
appropriation of $33,000 in the Utility Enterprise Capital Fund for the installation of a
sanitary sewer line to serve the Grapevine Vintage Railroad.
Section 3. That a copy of the revised Fiscal Year 2018-2019 Capital
Improvements Plan budget document shall be kept on file in the office of the City Secretary
and on the City of Grapevine website.
Section 4. That the terms and provisions of this ordinance shall be deemed to be
severable, and that if the validity of any section, subsection, word, sentence or phrase
shall be held to be invalid, it shall not affect the remaining part of this ordinance.
Section 5. That the fact that the present ordinances and regulations of the City of
Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace
and general welfare of the inhabitants of the City of Grapevine, Texas, creates an
emergency for the immediate preservation of the public business, property, health, safety
and general welfare of the public which requires that this ordinance shall become effective
from and after the date of its final passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 2nd day of April, 2019.
APPROVED:
William D. Tate
Mayor
ATTEST:
Tara Brooks
City Secretary
APPROVED AS TO FORM:
City Attorney
Ordinance No. 2019-018 2
INTERLOCAL AGREEMENT
BETWEEN
TRINITY METRO
AND
CITY OF GRAPEVINE, TEXAS
This Interlocal Agreement (this "Agreement") is made and entered into as of the day
of , 20 , by and between TRINITY METRO, a regional transportation authority
pursuant to the provisions of Chapter 452, Texas Transportation Code ("TM"), and the CITY OF
GRAPEVINE, TEXAS, a municipality under the laws of the State of Texas ("City").
I:lIra IV_IIW
1. This Interlocal Agreement is made under the authority of Chapter 791, Texas
Government Code.
2. TM is designing, constructing and implementing the operation of a commuter rail
facility known as the TEX Rail Project ("TEX Rail"), and
3. The TEX Rail line will be located, in part, upon an existing right-of-way ("Row")
and rail line within the limits of City, and
4. TM and City desire to enter into this Interlocal Agreement to provide for mutually
agreeable terms concerning the respective obligations of TM and City with respect to the design,
construction and implementation of TEX Rail.
NOW, THEREFORE, in consideration of the mutual benefits and promises set forth herein
and for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, TM and City do hereby agree as follows:
I. Best Efforts. Subject to the terms and provisions of this Interlocal Agreement, TM
and City will use their best efforts, respectively, to timely carry out and perform the
obligations set forth herein below.
II. References. Tex Rail T&P Station to DFW Airport IFB Plans and Specifications
dated 01/04/16 and modifications mutually agreed to by both parties (Plans).
III. Definitions.
A. Downtown Grapevine TEX Rail Station — the TEX Rail station at Main Street
consisting of rail tracks, platforms and all station related improvements located
within the TEX Rail right of way. Hereinafter referred to as "TEX Rail Station"
B. Grapevine Main— the City complex located at 815 Main Street, immediately
adjacent to the south limit of the Railroad Right of Way and consisting of a
hotel, parking garage and an historic rail themed station like building.
Hereinafter referred to as " Grapevine Main"
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IV. obligations of TM — TM will manage and oversee the design, construction and
implementation of the TEX Rail Project in the City by undertaking the following:
A. Facilities — TM will design and construct the facilities identified in (Plans).
B. Design Standards — TM will design roadway, drainage and utility facilities
in accordance to City standards. Vintage Rail Platform, and station will be
designed in accordance with Grapevine Historic Structures Guidelines. TM
will design structures, stations, and track facilities to TEX Rail standards.
C. Design Review — TM will provide a set of plans to City for each design
submittal for street modifications, public utility relocations, drainage
modifications, and the planned improvements within Grapevine city limits.
Details of rail operations during construction will be coordinated with the
Grapevine Vintage Railroad (GVRR) in the Downtown area from Ball Street to
Dooley Street. GVRR Platform will be reviewed by Grapevine Historic
Preservation Officer. TM will address all City comments and provide written
responses to City. Any plan modifications during construction will be provided
to the City for concurrence.
D. Construction Acceptance TM will provide a construction schedule and
phasing to the City prior to construction activities. TM will coordinate
schedule with City inspectors. Regularly scheduled meetings will be set during
the duration of construction. Special attention will be paid to the times around
the festivals and other events. TM will be responsible for final acceptance on
the facilities TM will maintain. Prior to final acceptance, TM will contact the
City for concurrence. TM will provide a single point of contact to relay
inspection comments by the public works inspector, historic preservation
officer or building inspectors. TM inspector will coordinate workflow with the
contractor and relevant sub -contractors
E. Street Modifications — TM will design and construct street civil modification
including paving, drainage, and sidewalks in accordance with the City
standards. TM will be responsible for maintenance of track, railroad crossing
equipment, crossing panels, and sidewalks and paving to the outside edge of the
crossing panels at grade crossings.
F. Utility Modifications — TM will design and construct utility relocations for
public utilities owned by City and determined to be in conflict with TEX Rail
facilities. Utility relocation will be performed per the Plans. TM will pay tap
fees required for meter installations necessary for TEX Rail operations. TM
will coordinate electrical transformer locations with City. Transformers and
easements will be coordinated with future building designs as much as possible,
however under no circumstances will this delay the project.
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G. Drainage — TM will design and construct drainage facilities that require
replacement or relocation. Replacement of drainage facilities will be per the
Plans. TM will assume all responsibilities for the maintenance of drainage
facilities located within the rail right of way. TM will provide one copy of the
storm water pollution prevention plan (SWPPP) to the City for our records. TM
will be responsible for compliance with the SWPPP for all phases of the project
in and out of Rail right of way.
H. Traffic Signals — TM will design new traffic and pedestrian signals where
necessary based on City standards and AREMA Guidelines, to comply with
State and Federal regulations. TM will provide and maintain a preemption
circuit with adjacent traffic signals and will provide a connection point for
future City installed Signal Pre-emption for a traffic signal at Dooley Street and
Dallas Road. TM will operate and maintain all Railroad signal appurtenances
within the rail right of way.
I. Preemption Circuits TM will extend preemption circuits from the TEX Rail
signal cabinets to the City Traffic Signal Cabinets. The circuit shall consist of
conduit and wiring to a point just outside of the City Traffic Signal Cabinets
with a conduit sweep and sufficient excess wire for connection to and extension
into the City cabinets by City staff.
J. Fiber Communications - TM will install four- 4" PVC conduits crossing the
rail right of way at Main Street and lying within the Main Street right of way
for City fiber communications. TM will install one(l) - 4" PVC conduit in
railroad right of way from IRA E. Woods Avenue bridge to Pool Road with pull
boxes located adjacent to railroad right of way for City fiber related to traffic
operations, preemption, incident management, and security in the corridor. City
traffic data shall be available to TEX Rail as a component of TEX Rail
operational communications.
K. Traffic Signs — TM will design traffic signs to conform to TMUTCD
standards. TM will be responsible for providing and maintaining the Park and
Ride signage. Location of the Park and Ride signage will be mutually agreed
with Grapevine Public Works prior to installation. TM will be responsible for
the initial installation of signs and striping related to crossings. TM will be
responsible for the maintenance of all TEX Rail related signs within the railroad
right of way and railroad "Cross Buck" signs with Flashers located outside of
the railroad right of way approaching railroad crossings.
L. Roadway Illumination TM will replace in-kind any roadway illumination
determined to be negatively impacted by the TEX Rail Project.
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M. Hike and Bike Trail — TM will design and construct any required
modifications due to TEX Rail's construction to the existing Hike and Bike
Trail in accordance with City and ADA/TDLR standards. TM will support the
City of Grapevine efforts to expand the trail in railroad right of way to the east
from Dooley Street to Texan Trail.
N. Guideway — TM will be responsible for maintenance of the Railroad right-of-
way except where the City has an adjacent trail located within the Railroad
right of way. TEX Rail Maintenance items include rail, ties, ballast, crossing
panels, railroad signals, gates and drainage ways within the Railroad right of
way. In areas where the City has a trail within the rail right of way, the City
will maintain the trail pavement and mow the area up to 10' on each side of
the trail within the railroad right of way.
O. Quiet Zones — TM will design and construct quiet zone crossings to FRA
standards. TM will support the City's application for quiet zones with an
exception for the Grapevine Vintage Railroad (GVRR). TM will be
responsible for maintaining any gates, flashers, arms, and other rail
appurtenances within the railroad right of way necessitated by the Quiet Zones.
P. TEX Rail Station — TM will design the station as shown in the plans in
accordance with City standards as outlined in Section III B. TM will maintain
all facilities within the railroad right of way. TM will provide the Downtown
Grapevine Station with any available data on approaching trains to the
downtown TEX Rail station. TM will provide the City access to the electrical
panel serving the Vintage platform.
Q. Zoning — TM will request City to modify zoning as needed for the TEX Rail
facilities.
R. Tree ordinance Work within the existing railroad right-of-way is exempt
from the tree ordinance.
S. Landscaping— TM will not maintain any landscaping at the TEX Rail
Station. TM will provide City and its contractor access to install and maintain
landscaping, local area landscaping drainage including surface inlets and
piping, a drainage pipe extending beneath the 8 foot wide sidewalk at the east
end of the TEX Rail platform and continuing east to daylight into an existing
TEX Rail surface drainage way, and insert up to 3 irrigation conduits crossing
beneath the TEX Rail Station sidewalk adjacent to the southernmost TEX Rail
platform.
T. Permits — TM will apply for all necessary permits for construction of the TEX
Rail facilities. Permits will be issued at no cost to TM.
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U. Historic Mitigation — TM will move the Ira E. Woods Ave. Bridge to the new
location. The City will design and construct the appropriate abutments for the
placement of the bridge utilizing the TEX Rail contractor under separate
contract. TM will provide survey stakes with location and elevation for the
placement of the section masters house.
V. Right of Entry — TM will notify City prior to utilizing City property and will
restore the City property to existing conditions.
W. Vintage Rail operations During Construction— TM will attempt to provide
uninterrupted operation of the Grapevine Vintage Rail Road (GVRR) existing
schedule and special events throughout construction. TM will give notification
at a minimum of 2 weeks prior to any anticipated impacts to GVRR operations.
TM will expedite the preparation and execution of a separate operations
agreement with the GVRR addressing operational concerns of commuter rail
and vintage rail, during and after construction, prior to final acceptance. The
Operations Agreement shall provide further detail to Paragraph X, below.
X. GVRR Schedule 1 operations
GVRR Published Schedule — The GVRR Schedule shall be preserved as
much as possible. Where the GVRR Schedule must be adjusted, Frequency
and # of Trips shall be maintained. GVRR will utilize side track staging to
avoid conflict with scheduled TEX Rail operations.
Special Frequency Days - Can occur over multiple weeks during the year
during off peaks. GVRR will utilize side track staging to avoid conflict with
scheduled TEX Rail operations
Charter Trains - GVRR will call into the Dispatch Center 48 hours in
advance for slotting
Special Events During the Year — All Special Events shall utilize short
segments of TEX Rail track east of GVRR Platform and continuing for a
distance of 3 to 5 miles on the Cottonbelt tracks east of the DFW Airport
North Station.
• Thomas the Train
• North Pole Express
• Wine Train
Maintenance operations - TEX Rail Track Improvements have caused a
modification to the GVRR operations by the relocation of the Staging Area
for GVRR Equipment Maintenance at the Turn Table and Round House from
the west side of Main Street to the east side of Main Street. GVRR shall be
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authorized to move engines and cars between the east and west side of Main
Street with proper notification and coordination with the Dispatch Center.
Additions of the GVRR Rail or special trackwork not being constructed as
part of the TEX Rail Project may have cost implications affecting the TEX
Rail signalization requirements. GVRR agrees to cover the costs associated
with the TEX Rail Signalizations affected by the GVRR additional
trackwork.
Y. GVRR Power - TM will work in good faith with GVRR to relocate 3 phase
480 volt power with the yard track relocation to the east side of Main Street.
Z. Sanitary Sewer Line Serving GVRR — TM will construct approximately
1,000 LF of 8" and 6" Sanitary Sewer Line connecting at an existing SS
manhole on Dooley St south of the TEX Rail lines. Said Sanitary Sewer Line
will extend in a north and northwest direction, crossing the TEX Rail lines,
then continuing west along Hudgins Street and then into the GVRR Yard to
provide 6" Sanitary Sewer Discharge Connections for the GVRR operations
aligned north of and parallel to the GVRR Storage Track and Maintenance Pit
referenced below. City will reimburse TM for the delta in construction costs
for the City's requested changes to the Sanitary Sewer Design, which is
estimated at $33,000.
AA. Replacement of Existing Facilities Lost During Construction
Rail & Crossties — TM will work with the TEX Rail Contractor to provide
800 LF of salvaged track and 800 LF of salvaged cross ties to the City to
replace existing storage track and cross ties removed from GVRR property
during the construction of the TEX Rail project
BB. City Utilities Easements / Permits from DART & TM
Bollards & Pedestrian Lighting on TEX Rail Row — TM agrees to
authorize the City and its contractor to install traffic rated bollards parallel to
the south TEX Rail Station platform, between the TEX Rail Station sidewalk
and the Grapevine Main Bus Drive /Fire Lane. These bollards shall include
pedestrian lighting at the two pedestrian crossings of the bus drive / fire lane
and the underground conduit necessary to power the lights from Grapevine
Main. TM agrees to authorize the City and its contractor to install three
electrical conduits crossing the TEX Rail Station sidewalk. The City shall
submit materials, installation procedures and locations for approval prior to
installation. Maintenance shall be the responsibility of the City. See Attached
Exhibit
CC. TEX Rail Platform Sidewalk — South side
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TM agrees to authorize the City and its contractor to construct the 8' wide
sidewalk along the south side of the railroad right of way extending from the
east end of the TEX Rail Platform west to Main Street. Said sidewalk shall be
constructed no later than December 1, 2018. The sidewalk's close proximity
to the Grapevine Main access and fire lane to be constructed by the City
provides an opportunity for a more efficient placement process and consistent
color & texture matching the fire lane. TM agrees to provide funding to the
City for this work in the amount credited back to TM from its contractor. See
Attached Exhibit
V. obligations of the City of Grapevine
A. Facilities — The City will relocate the semaphore within rail right of way
adjacent to the existing historic depot.
B. Design Standards -- If design exceptions are required due to non-standard
existing condi ions or other unant iclpated constraints, City will work with TM
to evaluate and approve exceptions to design. A single point of contact will be
provided as a representative of TM and the GVRR to provide clear
communication.
C. Design Review. City will perform reviews of any required changes to the
Plans in a timely manner as to avoid any construction delays. City will focus its
reviews on street modifications, public utility relocations, drainage
modifications, and the existing planned improvements within the Downtown
area from Ball Street to Dooley Street.
D. Construction Acceptance. City will provide an inspector during normal
business hours while under construction to complete inspections and give final
acceptance for facilities that City will maintain. City will provide inspection
services at no cost to TM. Inspections will include track inspection by GVRR,
historic preservation inspection, building inspection outside of City right of way
and public works inspection within City right of way and easements. TM will
provide a single point of contact for all inspection requests. City inspectors will
provide timely support including approval of the construction schedule and
phasing submitted by TM. For day to day communication City will provide
two points of contact. — Grapevine, Paul Lee, Sr. Civil Engineer, 817-410-3144,
pleekgrgpevinetex GVRR Contact — P. W. McCallum (817) 991-2631
pmccallumga grapevinetexasusa.com
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E. Street Modifications. City will be responsible for the maintenance of the street
civil modifications (Paving, drainage and sidewalks) outside the crossing panels
consistent with Section IV Paragraph E of this document.
F. Utility Modifications. City will provide available information identifying and
describing known public and private utilities and/or above or underground
objects that may impact the Project. City will be responsible for the incremental
cost of any betterments or improvements to City of Grapevine utilities, except
within DFW airport boundaries. City will be responsible for the maintenance
of City -owned utilities within the Rail Right of Way once construction is
accepted by the City.
G. Drainage. City will be responsible for the incremental cost of any betterments
or improvements to the draining system beyond those called for in the Plans.
City will be responsible for the maintenance of street drainage systems beyond
the Rail Right of Way.
H. Traffic Signals. City will furnish the signal control boxes and will be
responsible for the timing and maintenance of City traffic signals. For traffic
signals that interface with railroad signals at grade crossings, City will be
responsible for connecting, testing and approving preemption operations at said
traffic signals. City will make connection to the preemption conduit and wire at
the City signal cabinet and extend both as needed into the signal cabinet to
connect to the City signal system.
I. Traffic Signs. City will be responsible for the maintenance of TMUTCD traffic
signs and striping outside of the crossing panels.
J. Roadway Illumination. City will be responsible for the incremental cost
of any betterments or improvements to roadway illumination and City will
be responsible for the maintenance of all roadway illumination.
K. Hike and Eike Trail. City will be responsible for the Hike and Bike Trail
pavement maintenance and mowing within l o' of the trail edge. City will
allow TM to review, and comment on any plans for future Hike and Bike
Trails within the rail road right of way. City will work in good faith to
address TM concerns.
L. Guideway. City and GVRR will be responsible for maintenance outside
the Rail Right -of -Way, the Vintage Rail Platform and the area adjacent to
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the Hike and Bike Trail as stated in Section IV, Paragraph N of this
document.
M. Quiet Zones. City will be responsible for preparing and submitting the
quiet zone application and will participate in the diagnostic study with TEX
Rail. TM will assist City in the preparation of the Notice of Intent and
Notice of Establishment to establish the quiet zones with an exception for
GVRR.
N. Grapevine Main. City will design and provide for 135 parking spaces
solely for TEX Rail's patrons use and spaces for three do' buses at
Grapevine Main by the TEX Rail start of revenue operations. City will
perform applicable building inspections as part of the permitting process,
and will be responsible for operating the Station. The GVRR will be
responsible for maintenance of the Vintage Rail Platform.
o. 815 S. Main Street Existing Building at Grapevine Main Site — City will
perform the asbestos survey, abatement and the demolition of the existing
building at the site. City will obtain the necessary permits for demolition
of the building.
P. Zoning. City will modify zoning as needed for the TEX Rail facilities if
required.
Q. Tree Ordinance. Work within the existing railroad ROW is exempt from
the tree ordinance.
R. Landscaping. City and its contractor will install and maintain landscaping
at the TEX Rail Station to the level set by City Parks Department. Said
landscaping shall include local area landscaping drainage including surface
inlets and piping, a drainage pipe extending beneath the 8 foot wide
sidewalk at the east end of the TEX Rail platform and continuing east to
daylight into an existing TEX Rail surface drainage way, and the insertion
of up to 3 irrigation conduits crossing beneath the TEX Rail Station
sidewalk adjacent to the southernmost TEX Rail platform.
S. Permits. City will provide all necessary permits for construction of the
TEX Rail Facilities at no cost to TM.
T. Historic Mitigation. GVRR will move the existing section master's house
in a timely manner after TM places survey stakes with elevation and
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location of the main structure. Section masters house will be moved in a
timeframe such that it will not interfere with TEX Rail construction. City
will coordinate traffic controls required to move the Ira E. Woods bridge to
the creek crossing adjacent to the Berry Street and Nash Street intersection.
City will fund, design and construct the abutments for the new Ira E. woods
bridge location utilizing the TEX Rail contractor under separate contract.
U. Right of Entry. GVRR or City will provide right of entry onto City
property for TM's consultants and contractors.
V. Grapevine Vintage Rail Road (GVRR) during construction -The
GVRR will operate and maintain the Vintage Rail platform and all
structures not constructed within the Rail Right of Way. The GVRR will
develop with TM an Operations Agreement expanding upon Section IV,
Paragraph X of this document detailing rail operations after construction.
W. TEX Rail Platform Sidewalk — South side
The City agrees to construct the 8' wide sidewalk along the south side of
the railroad right of way extending from the east end of the TEX Rail
Platform west to Main Street. The sidewalk's close proximity to the
Grapevine Main access and fire lane to be constructed by the City
provides an opportunity for a more efficient placement process and
consistent color and texture matching the fire lane. Said sidewalk shall be
complete no later than December 1, 2018. TM shall provide funding to the
City for this work in the amount of the funds credited back to TM from its
contractor. The City shall provide all maintenance on the 8' sidewalk. See
Attached Exhibit
VI. Additional Provisions
A. Waiver or Modification. No officer or agent of City or TM is authorized
to waive or modify any provision of this Agreement. No modifications to
or rescission of this Agreement may be made except by a written document
signed by City's and TM's authorized representatives.
B. Assignment. The terms and provisions of this Agreement shall be binding
upon and inure to the benefit of the successors, assigns and legal
representatives of the parties hereto. Neither party may assign this
Agreement or any of its rights or obligations hereunder without the prior
written consent of the other party which consent of the other party, will not
be unreasonably withheld.
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C. Entire Agreement. This Agreement constitutes the entire agreement
between City and TM and supersedes any prior understanding or oral or
written agreements between City or GVRR and TM respecting the subject
matter of this Agreement.
D. Severability. The provisions of this Interlocal Agreement are severable and
if, for any reason, anyone or more of the provisions contained in the
Agreement shall be held to be invalid, illegal or unenforceable in any
respect, the invalidity, illegality or unenforceability shall not affect any
other provision of this Agreement and this Agreement shall remain in effect
and be construed as if the invalid, illegal or unenforceable provision had
never been contained in the Agreement.
E. Good Faith Dealings. The parties undertake to act in good faith in relation
to the performance and implementation of this Interlocal Agreement and to
take such other reasonable measures as may be necessary for the realization
of its purposes and objectives. Each party agrees that it will not initiate a
dispute against the other party unless the party raising the dispute in good
faith believes its position is legitimate. The parties agree to attempt to
resolve all disputes arising hereunder promptly, equitably and in a good
faith manner. The parties further agree to provide each other with
reasonable access during normal business hours to any and all non -
privileged records, information and data pertaining to any such dispute.
F. Relationship of the Parties. This Interlocal Agreement shall not be
interpreted or construed to create an association, joint venture, or
partnership between the parties or to impose any partnership obligation or
liability upon either party. Neither party shall have any right, power or
authority to enter into any agreement or undertaking for, or act on behalf of,
or to act as or be an agent or representative of, or to otherwise bind, the
other party.
G. Notices. Any notice required or permitted to be delivered hereunder may
be given by personal delivery to the party entitled thereto, by facsimile or
other electronic transmission with electronic confirmation, addressed to
City or TM, as the case may be, at the mailing address, facsimile number
and email address set forth below:
For City:
City of Grapevine
Attn: Bruno Rumbelow
City Manager
200 S. Main Street
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Grapevine Texas 76051
Fax 817-410-3003
brumbelowggrapevinetexas. ov
For Trinity Metro:
TRINITY METRO
Attention:
President/CEO
801 Cherry Street
Suite 8 5 0
Fort Worth, TX 76102
Facsimile No. (817) 215-8709
H. Governing Law. This Interlocal Agreement, and the rights and obligations
of the parties under or pursuant to this Agreement, shall be interpreted and
construed according to the laws of the State of Texas. This Agreement is
subject to all applicable federal, state, and local laves and any applicable
ordinances, rules, orders, and regulations of any local, state, or federal
governmental authority having Jurisdiction.
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IN WITNESS WHEREOF, the parties hereto, acting under the authority of the respective
governing bodies, have caused this Agreement to be duly executed in multiple counterparts, each
of Which shall constitute an original, this the 2nd day of April, 2019.
CITY OF GRAPEVINE, TEXAS,
a Municipal Corporation
Name: Bruno Rumbelow
Title: City Manager
City Secretary
TRINITY METRO
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President/CEO