• PUBue WORKS DEPARTMENT (972) 450·2871 􀀻􀀻􀀻􀁾􀂷􀁾􀀭􀀺􀀺􀀬􀀺􀀬􀀧􀁾􀁡􀁪􀂷􀀧􀁲􀁵􀀱􀂷􀀢􀁾􀁾􀀱􀁩􀁆􀀧􀀮􀀮􀀮􀁩􀀡􀀿􀁴􀁾􀀻􀀺􀀻􀁰􀀮􀁾􀁚􀁊􀂮􀀠Post Office Box 144 Addison. Te:GlS 75001 16801 Westgrove April 30, 1998 Mr. Tom K. Ryden, P.E. Sr. Manager Project Development Dallas Area Rapid Transit P.O.Box 660163 Dallas, TX 75266-0163 Re: Draft Member City Master Interlocal Agreement Dear Mr. Ryden: This is to offer our comments on the Draft Member City Interlocal Agreement as follows: L General: Some acknowledgement, affirmation and ratification of existing interlocal agreements is needed. .2. Page 1/32, Be It Remembered Section and Page 2/32,2-1.01: Addison cannot agree to this section because DART's current System Plan does not show rail coming to Addison. We do not want to foreclose ourselves to that option. Language would have to be modified to allow rail service. 3. Page 11/32,3-4.05: More detail is needed regarding delineation of responsibilities at existing railroad crossings. Ifa 4·lane crossing is expanded to 6 6 lanes, how is maintenance divided up? The reviewing party needs to maintain its facilities. 3. Page 16/32,4-1.05: This section is acceptable so long as construction is started within 18 months. Over 18 months, the City reserves the right to review and make necessary changes. 4. Page 23/32,4-5.03: Name the City as additional insured for projects within the ROW. 5. Page 27/32,5-3.01: Addison would like more detail regarding responsibilities for maintenance of railroad crossings. 6. Repair and maintenance ofpavement failures at bus stops and turning lanes needs to be addressed. Mr. Tom Ryden April 30, 1998 Page 2 7. Approximately 3 years ago, a committee had raised and discussed significant issues to be considered in any such ILA. The work of this committee should be found, and continued to completion such that the issues are addressed in the proposed ILA. We would appreciate having the opportunity of reviewing comments that you receive from other member cities. Please call me at 972-450-2879 ifyou have any questions or require any additional information. Very truly yours, Town of Addison 􀁾􀁵􀀺􀁤􀀡􀀺􀀻􀀲􀀻􀁾Assistant City Engineer cc: Ron Whitehead, City Manager John Baumgartner, Director of Public Works Ken Dippel, City Attorney May 20,1998 Mr. Tom K. Ryden, P.E. Sr. Manager Project Development Dallas Area Rapid Transit P.O.Box 660163 Dallas, TX 75266-0163 Re: Dear Mr. Ryden: This is to offer our follows: Draft Member City Master Interlocal Agreement 1. General: Some acknowledgement, affrrmation and ratification of existing interlocal agreements is needed. 2. Page 1/32, Be It Remembered Section and Page 2/32, 2-1.01: Addison cannot agree to this section because DART's current System Plan does not show rail coming to Addison. We do not want to foreclose ourselves to that option. Language would have to be modified to allow rail service. 3. Page 11/32, 3-4.05: More detail is needed regarding delineation of responsibilities at existing railroad crossings. Ifa 4-1ane crossing is expanded to 6 lanes, how is msintenance divided up? The reviewing party needs to maintain its facilities. 3. Page 16/32, 4-1.05: This section is acceptable so long as construction is started within 18 months. Over 18 months, the City reserves the right to review review and make necessary changes. 4. Page 23/32, 4-5.03: Name the City as additional insured for projects within the ROW. 5. Page 27/32, 5-3.01: Addison would like more detail regarding responsibilities for maintenance of railroad crossings. 6. Repair and maintenance of pavement failures at bus stops and turning lanes needs to be addressed. 7. Approximately 3 years ago, a committee had raised and discussed significant issues to be considered in any such ILA. The work of this committee should be found, and continued to completion such that the issues are addressed in the proposed ILA. Please call me at 972-450-2886 ifyou have any questions or require any additional information. Very truly yours, Town of Addison John Baumgartner, P.E. Director of Public Works cc: Ron Whitehead, City Manager Ken Dippel, City Attorney James C. Pierce, Jr., P.E., DEE, Assistant City Engineer __-coMM.JOURNAL-_********** DATE 04-20-1998 ****** TIME 02:00PM ** P.l MODE = TRANSM ISSION START=04-20 01:59PM END=04-20 02:00PM NO. COM SPEED NO STATION NAME/PAGES TELEPI-DIE NO. 001 OK a 9 214 672 2020 -Addison Svc Ctr -upstatrs972 450 2834-****"'******* TOWN OF ADDISoN PUBLIC WORKS From: James C. Pierce, Jr.,P.E.,DEE 􀁔􀁏􀀺􀀦􀀧􀁾􀀠 Assistant City Engineer Company: 􀁾􀀴􀁾􀀠Phone: 972/450-2879 FAX: 972/450-2834 FAX#:________ Date: Jr-2 􀀷􀁾CfK" 16801 Westgrove Re: 􀀱􀁊􀁦􀁊􀀭􀁥􀀺􀁲􀁦􀁽􀁬􀁵􀀩􀀭􀁾􀀠r LAP.O. Box 144 Addison, TX 75001 # of pages (including cover): 0 o Original in mail ' 0 Per your request DFYI 0 Call me Comments: 􀁴􀁚􀁤􀁾(e /.,3) ctvL-L 􀁾􀁾9 􀀱􀁁􀀮􀀯􀀢􀀧􀀴􀁾􀀠D -. 3-J.7-rr I: , I I ! I , ' .--PAtt'􀀮􀀮􀁾􀀮􀀱􀀬􀀬􀀻􀀢􀀷􀀧􀀠􀀺􀀺􀀺􀀭􀀧􀀺􀀮􀀬􀀮􀁾􀀠",' .􀀮􀁬􀀺􀀷􀀺􀀺􀀧􀁃􀀮􀀨􀀢􀀬􀁾􀀠. I,.:..􀀻􀁊􀁾􀁾􀀠􀀢􀀢􀀾􀀻􀁾􀁾􀀺􀀬􀁾􀀺􀁤􀀠. l.f' '􀀧􀀺􀀻􀀻􀀬􀀺􀀻􀁾􀀮􀀢􀀡􀀻􀀺􀀻􀀺􀁾􀂷􀀧􀁌􀀠􀀮􀀱􀀧􀀭􀁾􀀠􀁾􀀮􀁻􀀢􀀠􀀮􀁾􀀻􀁾􀀮􀁾􀀠.' .•. :: 7· 􀀻􀀧􀀱􀀮􀁾􀀵􀀺􀀬􀁩􀀠,w.; 􀁾􀁾􀀠". t • MASTER lNTERLOCALAGREEMENT bYlDd bclwHa DALVoS AREA RAPID TRANSIT and MEMBERClTY TABLE OF CONTENTS SECTION ONE: OUTLINE OF MASTER INTERLOCAL AGREEMENT SECTION TWO: GENERAL PROVISIONS 2 ARTICLE 1. Purpose and Definitlons 2 2·1.01. Purpose 2 2·1.02. DcfinitiOllS 2 ARTICLE 2. City Responsibilities and Officials 1\ 2·2.01. Cily Responsibilities 6 2·2.02. City Officials 6 2·2.0201. The Cily Coonal 1\ 2·2.0202. The Cily Man"... 1\ ARTICLE 3. DART Responsibilities and Officials '\ . 1\ 2·3.01. DART Rcsponsibililies 1\ 2·3.02. DART Officials 7 2·3.0201. DART Board ofDil't!<:fors 7 2·3.0202. P=identlExeoutive Director 7 ARTICLE 4. Compensation for Se!viw 7 2..t.O I. Payment Cor Cily SmOa::s to DART 1 2....0101. Products to be Produced 7 2....0102. Review Aelivities ;.. , . 7 2-4.0103. Payment; Audit oC Boob 8 2-4.02. Payment Cor DART Services to City 8 2 ... .0201. Prod_to be Produced .S 2....0202. Review Aetivi1ics 8 204.0203. Payment; Audit ofBoob 8 2-4.03. Limitation Of! Paymcnl$ a ARTICLE S. Issue Resolution Resolution .8 '-' . SECTION THREE: PLANNING AND DEVELOPMENT I ARTICLE I. Major Se!vla: Plan Olangcs I 3·1.01. Teclmieal Review I 3·1.02. Addition ofNew Fi,ed Guideways 9 3·1.03. Measun:menl Criteria 9' ARTICLE 2. Fixed Facility and Fixed Guideway Site Selection .. 3·2.01. DART Responsibi1i1y . 3·2.02. Alternative Development and EV1Iuation. 3·2.03. Public Involv....ent· . 􀁾􀀠'. . ,:,', '.:. 3 ·2.04 Cily Council Briefings tab...,n2: Rev: 10-1·91 􀀧􀀮􀁾􀀠-. ,,'. : , . .. 3·2.0$. City Roview 9 3·2.(16, Plani., and Zonin, 10 3·2.07, 10int Public Heari.gs; Expedited Pmc:=cs 10 ARTICLE 3. Station Am Plannin, 10 3·3.01. City Responsibility 10 3·3.02. StatiOll Am Plan, Oenml Requirements 10 3·3.03. Stalion Am Plan Developmelll Process 10 3-3.04. City Public Invol_ 10 3·3.0S. City Bricfi., ofDART Boord II ARTICLE 4. Acquisition. Use and Ownership ofLand and/ot Facilities 11 3....01. Land Acquitcd by 1heCit)' for DART II 3-4.02. Land Acquired by DART for !be City II 3..4.03. 10int Use Facilities 11 3-4.04. Usc .fCity Property II 3-4.0$. Usc ofDART Property II 3-4.06, Crossing Proccdln; Utility Relocation and Mainlro Prawings .• ," .. 21 <1-3.01. Salvage to DART ;,.. 21"0". 4-3.08. Au!horiZ3lions 12 ARTICLE 4. QuaIii)' Assurance and A=PWI"" "; '., :: 􀁾􀁾􀀮􀀠􀀩􀀮􀁾􀀠s 12 .' . -,. " :..... ..·'.t 4-4.01. Inspection ofCollSUllCtion ofcitY F.dlitiC$ 12 4-4.02. ,mal Walk-Through and A=ptancc 12 ARTICLE 5. BondIng. Warranty. Insurance and Desian Responsibility and Liability 12 t'-,:t,: 􀀯􀁾􀀻􀁾􀁲􀂷􀀬􀀬􀀺􀁾􀀮􀀢􀁾􀁟􀀺􀁾􀀺􀀬􀀠:. . H>.. ".: -. -:' 􀀻􀁾􀁾􀁾􀀠:,?f 􀀢􀀧􀀻􀁩􀁜􀀺􀀬􀀧􀀻􀁾􀀠ILA·MAST: Rev: 11).1-91 limited to the most current version of the following: (al Standard Spe.:iflutions for Public Works Construction. North Central Texas Council of Governments; (h) City Paving Design Manual; (c) A Policy on Geometric Design of Highways and Streets (AASHTO Green Book); (d) City Storm Drainage Design Manual; (el Driveway and Parking Lot Design Manual; (I) City Zoning Ordinance; (g) City Subdivision Ordinance; (h) City Water and Waste Water Design Manuel; (i) Texas Manual on Uniform Traffic Control Devices; (j) Traffic Barricade Manual, Department of Transpol'llltion; (k) Street Cut and Excavation Repair Standards; and (I) City Thoroughfare Plan. 2·1.0206. City Task Order. A written document exc><:uted by the City Manager or bis designee to be issued by the City to DART to request and authorize DART'. perfonnanceofwork or supply ofmaterials to the City. including provisions for reimbursement to DART for expenses. 2·1.0207. DART Task Order. A wriltt:n document executed by the PresidentlExeculive Director or his designee to be Issued by DART to the City to request anc! authorize the City's performance of walk or supply of materials to DART, including provisions for reimbursement to City for expenses. 2·1.0208. Design. Engineering or architec:tural work that results in the production of maps, plans. drawings, estimates and specifications necessary for the construction. modification, operation, maintenance or replacement of City Facilities, Fixed Facilities, Fixed Guideways or any other Utility Facilities or projects similar in nature. 2·1.0209. Direct Costs. All direct labor costs or disbursements actually incurred by a party attributable directly to the performanoe of services under this !LA, including but not limited '. to consultant costs, travel. materials. supplies and other similar out-of·pocket expenses. 2·1.0210. Fo:ed Facilities. All of DARTs transit centm, Stations, yards. shops and '.., , similar related Fixed Facilities situated outside oflinear rights ofway required for rail operations, «s,] excluding bus shelters. .'; ,., ,,' .􀀼􀀻􀁩􀁾􀁾􀁾􀁬􀁾􀀻􀀠2-1.0211. Fixed Guideway. The supporting physical structure in or upen which 􀁲􀁡􀁩􀁌􀁾􀀠>;: transit vehicles travel. including the trackway and associated structures and equipment for rail .--:',',. operations. A Fixed Guideway may include guidance systems for the vehicle. 2·1.0212. Gnde Separation. The physical separation of a DART Fixed Guideway and a public or private streel, thoroughfare, drive or acoess easement 81 a crossing by means of a differenoe in elevation sufficient to allow adequate clearances for passage ofrail or street vehicles. 2·1.0213. Gnde Level (At Grade) Street Crossings. The crossing of any street, alley, thoroughfare. drive or access easement by a DART Fixed Guideway 81 the same elevatiOll. 2·1.0214. Green Window. A pre-determined window oftime for train passage through a Gnde Level (At Grade) Street Crossing ofa CIty street The parameters for this pre-determined window of time shall be determined through ::'}' -Ji::-< 􀀬􀀬􀁾􀀠-::.t "',: 􀁾􀀻􀀱􀀮􀀭􀁩􀀮􀀻􀁾􀁾􀀬􀀺􀀮􀀠-:. :; 􀀺􀂻􀁪􀁾􀀧􀀭􀀮􀀠'"",(LA-MAST: Rev: 11).7-9'1't: 􀁾􀀧􀀮􀀠, 􀁾􀀮􀁟􀀠 2·1.0218. JoInt Development. The physical integration of a DART Fixed Facility with a public or private development project 10 be 􀁾􀁮􀁳􀁴􀁮􀁬􀁣􀁴􀁥􀁤􀀠concurrendy or subsequently; , 2·1.0219. Joint Use Facilities. Facilities used by both DART and the City, which may be owned by either party or owned Jointly. 2-1.0220. Level of Servlee ("LOS"). A measure of the quality of traffidlow u dermed in the "Highway Qspacity Manual" published by the TranspOrtation Research Board and/or "TRANSIT 7-F Usee's Manual" published by the United States Department of Transportation, Federal Highway AdminIstr.lioo. 2·1.022 I. Lleht RaO TrallSlt (nLRT") System. A public transportation system consistin& ofconventional rail tecbnoloI\Y running predominately on the fIXed guideway using an overhead elcctrlc power sou.rce. 2·1.0222. Light Rail VehIcle (LRV"). An electrically propelled passen&er canying vehicle operating as a part ofthe Light Rail Transit System 00 the LRT Fixed Guideway. 2·1.0223. Maintenance. Activities requiml to Jceep filcilities in a condition of good repair, ofsatisfactory performance or operation, and ofcleanliness. 2·\.0224. Maintenance, Emergency. A major Maintenance activity perfonned on an immediate response basis to restore the intended daily operational conditions of the Light Rail Transit System, the City street system, Fixed Facilities ofthe Fixed Guideway. ' . 􀁲􀁾􀁦􀀮􀀮􀁾􀁾􀀮􀀺􀀺􀀠. . . 2·\.0225. Maintenance, Non·Programmed. Major Maintenance activities performed on an irregular. infrequent or unscheduled basis. 2·\.0226. Mainleoanft, 􀁐􀁲􀁯􀁧􀁲􀁡􀁭􀁭􀁥􀁤􀀮􀁾􀀧􀀬􀀠Maintenance activities performed on a . routine. frequent or scheduled basis on items requiring recwriDg maintenance. ' 2·\.0227. MedianlShared 􀁒􀁩􀁧􀁢􀁩􀁾􀁦􀂷􀁾􀁾􀁙􀀠Operation. The operation of a DART Fixed Guideway within the median or on the surfilce ofthe right-of-way of a street or thoroughfare. -; -! 􀀻􀀻􀁾􀀺􀀻􀀠'" :H; 􀁾􀀠2·1.0228. Member City (Cllies). pARI's Member Cities, as of 􀁴􀁨􀁾􀀠date of this ILA, _ __to-wit Town of Addison; City of Carrotltot!;.qily.of Coekrell Hill; , City;';f Dallas; City of :"( --􀁾􀁾􀀬􀀠Farmers Branch; City of Garland; City ofGlenn Heights; Town of Highl;ind Parle; City ofIrving; --City of Plano; City of Richardson; City of Rowlett; and City of University Park. -::'.):. i 􀁾􀀧􀀺􀁾􀀧􀀾..􀀭􀀻􀁾􀀺􀁱􀀻􀀺􀀻􀁾􀀺􀀠. ',' 2·1.0229. MndilicatioD. The removal, replacement, alteration, construction, support or relocation of a City FacUity, Fixed Facility, FIXed Guideway or Utility Facility, or any portioII thereof, whether permanent or tempotal)'; C' 􀁾'-,'-,.-, _'! ", 2-1.0230. Off Premise Siga. ',A, sign displaying advertising copy that pertains to a business, person, organization, activity, event, place servkc or product not principally located or primarily manufactun:d or sold on the premises on which the sign is located. 2-1.0231. Off-Sebedule Train. ,ATrainthat operates on -non-scheduled Headway between t,lll!blished control points due to 􀁤􀁾􀁬􀁡􀁹􀁳􀀠an4 ', " ' ,:' ',' '. l 12 • ARTICLE 2. City Responsibilities and Officials. 2.2.01. City Responsibilities. lbe City is responsible for the review and approvalofthci--􀁊􀀮􀁮􀁾􀁥􀀠􀀺􀀻􀁶􀁻􀀭􀁾􀀮􀁐􀀢􀁍􀁾􀂷􀁦􀀧􀁾􀀧􀁩􀀧􀂷􀂷􀀠 Changes by the City to the Design DoeumenlS which involve tost changes to the project after, project definition submittal (I 􀀨􀀩􀁏􀁾􀀠Design) will be the subject of case by ClUe negotiations between DART and the City. 4·1.06. Utility F,eI1lUel. During the design of' DART project, when utilities are involved. DART shall conform to City standatds and shall adhere to utility franchise. license or odler out.!tanding agreements between lIIe City and the individual concerned utility; PROVIDED. HOWEVER, that this requirement shall not be construed to modify Article 5 of Section Three of this ILA. Upon DARt's request, the City shall assist DART to the sreatesl extent possible in the negotiation of utility relocation agreements with City franchisees. At all times, DART agrees 10 minimize the disrupuOll ofpublic utilities to the extent reasonably possible. 4.1.07. Other Doolen RequlremeDts. During the Design of a DART project, DART shall develop Tra/lic Sequence ofConstruction Plans for City approval. The Sequence of Construction Plans shall provide. among other things. for the handling of vehicular and pedestrian traffic on streets adjacent to the DART project and shall show construction phases. street closings, detours, warning devices. traffic signal phasing and liming changes (lempollll')' and permanent) and any other pertincol devices andlor facilities. DART may make changes 10 approved traffic maintenance plans only with prior approval by the City. DART shall submit its contractor's haul routes to the City for approval and shall be responsible for documenting existing conditions of haul routes and adjacent streets and private properties adjacent 10 the project. DART shall make a diligent effort to insure that no debris is spilled OIl City Facilities and that no excessive wear or damage occurs to City Facilities. Any City Facility that becomes unsightly as a result of DARt's action shan be cleaned by DART. Trench safety documents, created, signed and sealed by a registered professional engineer. licensed in the State of Texas and complying with all applicable laws and regUlations, shall be required by the City for excavation on a City Facility. 4· \.08. Temporary Service. City Facilities shall not be taken out of service without specific approval of the City. Ifit is determined by the City that temporary service is required as a consequence ofDART construction, such shall be furnished and installed by DART at DARt's expense. Alternatively. the City may elect to provide the temporary service with reimbursement by DART. The City shall advise DART of the need for temporary service within a reasonable period after the request is made by DART. 4·1.09. Design Performed by aty. When DART and the City agree that Design for a specifIC faelli!)' modifICation is to be performed by the City. the following procedures shall govern: 4·\.0901. DART shall issue a DART Task Order to the City, upon acceptance ofwhich, the City shall, in accordance with an agreed schedule for completion and cost reimbursement, 􀁰􀁾􀁯􀁣􀁥􀁥􀁤􀀠to perform perform the Design. , ,. ".. '.' . ..... . . : 4·1.0902. The City shall use reasonable efforts to scbedule its design to coincide with .. DART's design schedule for the colTesponding section or pordOIl of the DART project. 4·1.0903: The CitY shan submit the Design plans and specifications to DART for review and comment, along with an estimate of the cost and an estimate of tile construction time needed to perform the required work, including procurement ofany long lead·time materials. 4-1.0904. The City shall coordinate its facility modification plans with other affected utilities, 4·1.10. Design Performed by DART. When DART and the City agree that a Design for a specific facilities modification is to be performed by DART, the following procedures shall govern: "" , 4·1.]00I. During the Design process•.at the stage,s agreed upon, DART shall .submit to the €ity the Design'plans and specifications for review and subsequent approval. The City shall 􀀢􀀧􀁾􀁇􀀠use its best efforts to expedite and respond to the plan review, approval and permitting process within twenty-one (21) calendar daysfrom receipt ofthe submittaL . ""':""','i:I1;:l "c', . , '''''''_'_'Y'''' ." .. . ....-" . . . ',' ILA-MAST: Rev: t()'1·91 􀀮􀁾􀀭􀁾􀀠􀀬􀀮􀁾􀀠 4·1.1001. For City Facilities only, DART shall provilk the City with a set of the approved reproducible drawings prior ttl construction, 'igned and sealed by one or more registered professional engineers licensed in the State of Texas. 4.1.1003. DART shall coordinate its tilcility modification plan, with all affected utilities. 4·1.1004. DART shall provilk tbree (3) sets of bid documents 10 !he Director of Public Works on or before the date of dislributioo of the documents 10 potential bidden. The City shall have the right to review and comment 011 the bid documents. 4·\.1005. DART shall Dot direct its contractors 10 commence wolt On an approved /! /lJ 􀁊􀀠project within City right-of-way Of 011 City property until the appropriate bonds and insUI3llCe . "'" . /. .' . 􀁾􀀠eertificates have been provided and a City permit obtained for the work. . ; ',' ' ,;.., 􀁾􀀯􀀺􀁖􀀠4·1.11. CoordlDatioD ot New City FacUlties Oil City Property or City Rl&ht-or·Way. If the 􀁃􀁩􀁾􀁐􀁉􀀭f) 􀁾􀁃􀀠1 to construct new tilcilities tilcilities on City property or right-of·waythat would conDie! with COIIStructioll or operation of the ., Ifv. I DART project, DART and the City shall make arrangements, if possible, to install such new facilities in a place and . 􀁾􀀯􀀧􀀠manner thai will not conDiCl with the DART project. DART shall closely monitor proposed City construction' i cl7 activity to insure this coordination and shall notify the City of possible conDiclS. Upon receipt of notice ofpossiblo' conDicts, the City shall undertake reasonable efforts to modify its plans to acconunodate the DART project. Any increased cost 10 the City in modifying a previously CQmpleted Design aod any n:sulting increased cost of ronstruClion ofCity Facilities to accommodate the DART project shan be paid by DART. 4·1.12. Betterments. Before attaining Ibe 65% design level. the City shall provide DART in writing the details of any Betterments the City may require in a specific section ofa DART project so that the Design of the Bettennents can be coordinated in the overall Design of die project. Upon agreement by DART as to die scope of the Betterments, they shall be constructed by DART at die City's cost. . .' . .'. ,', . -.. §4 • ARTICLE 2. Acquisition or E;xchange .of LaDd. '. .􀁾􀀠.􀁾􀀮􀀠4-2.01. Right-of-Way AcquisitioD by DART. In Ibe event die Design of FiXed Facilities or Fixed Guideway requires new street or alley rlght-of.way outside die Fixed Facilities or Fixed Guideway, it sbaU be acquired by DART and conveyed to the CitY by special warranty deed as SOOD as reasonably feasible following completion of the project. As consideration for such conveyance, the City shall either (a) pay for such rlght-of·way a sum equal to Ibe fair maltet value of Ibe land plus acquisition costs, or (b) aequo and excliangC'other new or additional right-of-way required by DART ofequal y.due or utility.􀀢􀁾􀀬􀀠'. " . 􀀧􀁾􀀧􀀡􀀧􀁦􀀭􀀧􀀠"... . • '. 􀀮􀁾􀀠􀀮􀁴􀁲􀀬􀀺􀀬􀁾􀀧􀀻􀀧􀀺􀀮􀀺􀂷􀀠; . "," ':.' . -. ! .", •. 1 :'",""" '-_', 4-2.02. Rights-of·WaY Abandoned aDd Trill.5ferred to to 􀁄􀁁􀁒􀁾􀀮􀀠Unless oIberwiSe agreed by the parties, when construction ora DART project requires existing'City streets andlor alleys Outside of the Fixed Guideway to be abandoned and title to such right-of·way conveyed to DART. such conveyance shan be 􀁭􀁡􀁤􀁾􀀠by special wammty deed and as consideration for such transfer DART shall: (a) acquire and cOnvey to cit;y replacement rlght.of-way of equal value or utility; or (b) pay Cor such right-of-way a sum equa\to Ibe fair maltel value of Ibe land plus acquisition costs; or (e) exchange oIh« new oc.addil:iooalstrect or alley rlght-of.way acquired or to be acquired by DART and conveyed 􀁴􀁯􀀡􀁨􀁥􀁾􀀮􀀠. --:.' 4·2.03. Roadway Closllres; Right-of·Way Retained by City. When ex:is&g City streets oraJleys are to be closed as a result ofa DART project, and when such right-of-way is not utiliud by that DART project, and when li!le to the property is to remain in the City, no payment. for such property shall be required ,of DART. ) .•'. .;. ',:. " r. • .., ," : .' , , .• ; 􀁾􀀻􀀺􀀢􀀮􀀬􀀠. • '. 􀀺􀀮􀁾􀀭􀀮􀀠􀁾􀀢􀀢􀀬􀀺􀀠􀀮􀀢􀀧􀁴􀁾􀀢􀀠",' '. • 4-2.04. Other City Owned Land. When a DART project requires 􀁡􀁣􀁱􀁵􀁩􀁳􀁩􀁾􀁯􀁮􀀠'of City owned land other than street or alley rights·of·way. DART shall compensate the City at fair mmel value for the property rights acquired, which compensation may be in cash, exchange for land owned by DART, credit toward Betterments " requested by the City or any combination of methods acceptable to the parties. ..:; .. ' ;". . .;.'; 􀀧􀁾􀁬􀁝􀁪􀁾􀁬􀁉􀀻􀁾􀁈􀀬􀀠ItA·MAST: Rev: 1()'7·97 PAOE 18 0F32 '.' 4.2.05. DART Owned Land. When a City project requires acquisition of DART owned land !halls net otherwise to be made available 10 !he City. !he City shall compensate DART at fair market value for I!!e property rights acquired. which compensation may be in cash. exchange for land owned by Ihe City or a combinatioa acceptable to !he parties. 4·2.06. City Easements Within Project R1ahl-ot.Way. lfa City Facility occupies its existing Ioeatioa in DART owned land by license or easement to the City. and if DART requires the City to m.!ke a modifieat/on for DAR'rs convenience and the replacement facility will be located within the DART project risht-of·WlY. DART shall accommodate the replacement and the city shall be reimbursed for all costs incurred for relocating such City Facilities. If requested by the City a 􀁲􀁥􀁰􀁬􀁡􀁾􀁭􀁥􀁮􀁴􀁬􀁩􀁣􀁥􀁮􀁳􀁥􀀠or easement shall be granted to !he City by DART 11110 cost to the City. 11 is hereby understood that in accepting such replacement 􀁉􀁩􀁾􀁮􀁳􀁥􀀠or casement and in releasing ill existing ,;shts, the City shall be granted the risht to install, operate, maintain and remove the relocated facilities 011 the 􀁲􀁥􀁰􀁬􀁡􀁾􀁭􀁥􀁮􀁴􀀠􀁉􀁩􀁾􀁮􀁳􀁥􀀠or easement. DART agrees to construct DART Facilities so as to allow for said City . installation, operation, 􀁭􀁡􀁩􀁮􀁴􀁥􀁮􀁾􀀠or removal if required. Any such installation, operation, maintenance or removal shall be done at such limes and in such a maMer as not to \IJlI'CaSonably interfere with or endanger DART operations and Ibe City will provide proper notice ofany such installation. maintenance orremoval..-..' .. -'",§4· ARTICLE 3. ConstrucUOD. 4·3.01. City Construction on Behalf or DART. When it is agrwf that the City shall conSfuict a modification to City Facilities necessary to eliminate a conflict wilh a DART project, the following provisiOns"shall govern: 4-3.0101. DART shall issuea Task Order outlining the construction workwbich the City"', . is to perform and shall provide a detailed estimate ofcostS to be paid to the City, including a ten' ,,,;; ':' percent (10%) contingency. Upon written acceptance of the Task Order, the City shall use its best . " efforts to commence and complete the work as agreed upon in 􀁣􀁯􀁮􀁦􀁯􀁲􀁭􀁡􀁮􀁾􀀠with the approved Design plans and specifications, on schedule and witlUn the established budget. All Design and construction costs shall be paid by DART and the City shall be paid Its costs as they accrue and < are billed 10 DART. The City shall not use the contingency funds without the prior approval of DART, which approval shall not be unreasonably withheld or delayed. ."'" . , '. "j'''' 4-3.0102. The City shall not make any. cbanges in the 8pl'roVed Design plans and :'0',6 specifications without the prior concurrence of DART. ' ..'" <"', ,:. '; .' ... ,.::C,;· " .,•. -'" ..\,." .,.:+\',.-::-" •• ":" -:;'4 􀀺􀀺􀀢􀀻􀁩􀁾􀀢􀀧􀀺􀀧􀀠􀀧􀁻􀁾􀀬􀀧􀀺􀀠'" -, :v.i 􀀢􀁾􀀠-. ,-". .. " . . . , . ,: :.• 􀀺􀀺􀁾􀀺􀀮􀀮􀀮􀀺􀀮􀀮􀀬􀀠4-3.0103. In the event te!llPOrary facilities are n=saT)' 10 effect II modification, the ')'Pi'S City may use lands owned or controlled by DART for the purpose of erecting such temporary facilities. provided DART shall have approved in writing the location, uSage and duration ofsuch temporary facilities. Upon completion of replaCement facilities in their permanent locations, the City shall remove all temporary facilities and restore the area as nearly.aS pfactkal to its original condition unless the City and DART agree in writing to some different standard. . '.: ' ',,' . 4·3.0104. The City shall notify DART in writing at least five (5) worlc.ing days prior to " commencing the work so that DART may make arrangementS for such inspection and record keeping as DART may desire. '-':,,' 4·3.0106. The Cil)! shall provide DART such infonnalion as shan be necessary in order' to incorporate the City's work schedule inti) DART's scheduling and tracking system. 44·3.0107. If at any time the Cil)! has reason to believe that the schedule and/or cost to DART will exceed that specified in the Task Order, the Cil)! shall immediately notify DART in writing to that elrect. giving its revised schedule and/or cost 􀁥􀁳􀁴􀁩􀁲􀁮􀁡􀁾􀀠for the work authorized in the Task Order. Subject to audit and following DART approVal, DART shall provide such additional funding as Is necessary to complete the wodt. 4-3.0108. DART shall reimburse the Ci!)I for all Direct and Indirect Costs incurred by the Cll)! to relocale facililies belonging to another agency or company where such facilities are jointly reconstnlcted with the City's confllcting facilities or where such facilities occupy the area ofthe City's conflit1ing facilities pursuant to preexisting agreements. 4·3.0109. Following fmal completion of the task as assigned, DART shall make fmal payment to the City for any costs Incurred in excess of previous funding received. 4·3.0110. All cbarges, costs and payments hereunder shall be subject to audit by DART. 4-3.02. DART Construction on &half of City. Wben DART and the CII)! agree that DART shall perfonn a spedfic modific:ation of a Cil)! Facility for DART's benefit, DART shall perfonn the modification in confonnance with the Design plans. specifications, on schedule and within the established budget agreed to by DART and the Cil)! during Design and the Cil)! shall provide inspection services to insure such confonnance. The City shall expedite the inspection process. DARTs engineer shall inspect the construction of the modification and shall subsequently certify that the modification was constructed strictly in accordance with the approved plans and specifications. DART may make changes to previously approved modification plans only with the prior written approval ofthe City. ' 􀀮􀀺􀀬􀀻􀁾􀀢􀀧􀀢􀀠4-3.03. Construction of &tterments. When DART and the City agree that DART shall comct a Bettennent to City Facilities, the following provisions shall govern: , " :::: . 4-3.0301. The City shall issue a Task Order outlining the construction which DART shall perform and provide a detailed estimate of costs to be paid to DART including a ten percent '," (10%) contingency. Upon written acecptance of tile Task Order, DART shall commence and " ' complete the work as agreed in conformance with the design plans and specifications. All Design:':: 􀀬􀁾􀀬􀀠and construction costs for the Betterment shall be the City's responsibility and DART wiD be paid by the City for all ofDART's Direct and Indirect Costs associated with the Betterment' , , " 403.0302. DART shall not 􀁾􀁾􀁥􀁾􀁹􀀠􀁣􀁾􀁧􀁥􀁳􀀠In lite 􀁡􀁰􀁰􀁲􀁯􀁶􀁥􀁤􀁤􀁾􀁩􀁧􀁮􀁰􀁬􀁡􀁮􀁳􀀠of 􀀮􀁨􀁾􀀧􀀻􀀺􀀻􀁾􀀮􀁾􀀢􀀠&ttermeot without the prior concurrence ofthe City. ' , ,';:􀁾􀀺􀀬􀀧􀀠, ,-.:4·3.0303. in the event that temporary facnities are ne.::essary to effect a Bettermeot, ,:. DART may use lands owned or controlled by the City for the pwpose oferecting such temporary :, ' facilities. provided that the City shall have approved in writing the location, usage and duration of "', such 􀁾fucilities and restore the area as nearly prad:ieal to its original tOndition unless '.,: ' the City and DART agree in writing to some different slandard, " ' --';'",'" ., -.: ::: 􀁾􀀠:.-.' . : :.. 4·3.0304. DART shall notify the City in writing at least five (S)wondng days prior to 􀀧􀀬􀁾􀀬􀀬􀀺􀀺􀁾􀀠commencing the Bettennent work so that the City may maXe ammgements for such inspection''':':':; , and record keeping as the City may desire.. '" , ' ,.' " ,'2:􀁾􀀧􀀢􀀬􀀠.;::, , .. . ;. -: ':::I' -. ' ." , ,.', , 􀁾􀁟􀀮􀀯􀀠􀁾􀀱􀀢􀀮􀀺􀀮􀀠4·3.0305. If reasonably possible, DART shall not exceed the schedule or the amoWii at' ::':' money specified in each Task Order for any &tterment work without the prior approval of the',', : : , Cil)! in writing. DART agrees to Use its best efforts to perfonn the &ttennent work specified in .i,:;\i?\:>:'. '-, 􀀺􀀺􀁾􀀺􀀺􀀢􀀠. . 􀁾􀁾􀁾􀁾􀂷􀀺􀀺􀁩􀁾􀀻􀁾􀁾􀁾􀁦􀁾􀀺􀀺􀁩􀀮􀂷􀁾􀀬􀀺􀂷􀀠(LA·MAST; Rey: 10-7-97 PAGE '20 OF 32 ,. each Task Order within the schedule and cest specified therein. DART shall advise the City when Ibe Bettermenl proje;;l is 75% complele, or no later than thirty (30) days prier Ie completion, whichever is earlier. 4-3.0306. DART shan provide the city neceS$3J)' infermation iii order te incorporate DART's work schedule inte the City's seheduling and InIcking system. 4-3.0307. Ifa! any time DART has reason to believe thll the schedule andler cost 10 the City will exceed that specified in the Bettennent Task Order, DART shall Immedialely netiIY the City in writing 10 thAt effect, giving ilS revised schedule andlor cost estimate for the wori; autherized in the Task Order. Subject Ie audit and fellowing City approval, the City ShAll provide additionallimding Ie complete the Betterment work. 4-3.0308. The City shallreimbww DART for all Direct and Indirect Costs incurred by DART III relocate facilities belonging III another agency er company where such facilities 8R jointly reconstructed with DART's confllCling facilities or where such facilities occupy the area €If DART's cenflicting facilities pursuant to preexisting agreemenlS. 4-3.0309. Fellowing fUlII completion €If the Betterment task assigned, the City shall make fmal payment te DART for any costs incurred in excess of previous 􀁉􀁩􀁭􀁾􀁩􀁮􀁧􀀠received. 4-3.0310. All charges, COSIS and paymenlS shall be subject to audit by the City. '··",1':·, 4-3.04. Emergency and Regular Maintenance During Construction. The City sh.alJ Undertake reasonable efforts to schedule its Maintenance work on City Facilities and te perfenn such work in an expeditious manner so as not to interfere with construction €If a DART preject In any case where a City Facility emergency failure occurs resulting in a serious interruption in the City utility services, the City shall inform DART that access is required te DARTs construction area or rights-of-way for the purpose of performing the necessary work or construction. In such cases, DART agrees that it will make whatever acC()mmodatiens are reasonably necessary 10 pennit the City to undertake the required work. All Regular Maintenance shall be coordinated with DART ;􀀧􀀢􀁾􀀧􀀭􀀮􀀠4-3.05. Proposed Plan RevisiOns; Field Cbanges. All preposed plan revisiollS er field changes that affe<:t or require the modification of City Facilities shall be expeditiously reviewed and approved by the City prior to commencement €If the construction revision by DART. The City shall receive notice of all plan revisions which do net affect City Facilities within I reasonable period of'!me. _". 4-3.06. Record Drawings. Whichever entity is responsible for a conStruction in City right-of-Way er City property, shall maintain a detailed set €If record drawings €Ifsuch constructien as performed. Within sixty (60) days after construction is complete, the party that performed the work shall furnish the other party with complete and accurate recerd drawings showing all new, modified or replacement facilities installed by the performing party• . These drawings shall consist of acceptable reproducible drawings and compatible digitalliles, if available. Each party shall prepare or cause III be prepared the record drawings fer which it is responsible'in accordance with !he draf\ing standards of the party responsible for Maintenance of the modificalion. The City will be allowed te review the drawings during the construction at appropriate DART field offices. The City shall provide record drawings fur each modificatien of all City-owned utilities to DART for inclusien in the IIltal record drawing package. 4-3.07. Salvage te DART_ Where appropriate, the City may request that DART salvage valuable materials belenging to the City during the course of censtruction. If the materials, as determined by the City, are te be used in a DART project, they shall be stored by.DART or the City until such.time as the progress of the work allows the reinstallation of such materials. Materials that are not to be reused and which the City desires to reclaim shall be returned by DART te a location agreeable to DART and the City. If the materials remeved by DART are net reusable and are not desired by the City, such materials shall become the property ofDART. . . '. :!: 􀁾􀁦􀀠􀁣􀁾􀀺􀀠._j? . \ -.•.•.:;,':, F.' -• -• 􀀬􀁾􀀮􀀻􀁾􀁴􀀠. 􀁽􀁾􀁾􀀱􀀻􀀧􀁽􀀢􀀠,: 􀀢􀀧􀁾􀀺􀀺􀁩􀁾􀀱􀁲􀁩􀁪􀁾􀁾􀀻􀁾􀀺􀁾􀁬􀁩􀀧􀁩􀀻􀀧􀀻... 􀀧􀂷􀀮􀀿􀁾􀁾􀁏􀁅􀀲􀀱􀀭􀁾􀁆􀁬􀀲􀀠.' ILA·MAST: Rc" to-7-97 ;/. 􀁾􀂷􀂷􀁾􀁾􀀺􀁾􀀸􀁾􀁾􀂷 􀀧􀀠..􀁾􀀢􀀠-': 4·3.08. Autborlzatlons. If. prior 10 DARTs scheduled date of commencement of work in I section or portion ofa DART project, any modification nC(;essary to eliminate a connict hll$ not been completed. the City may authoriu DART to procaed with the eonslnlction of the section or portion of a DART project in accordance with DARTs schedule. PROVIDED. HOWEVER, that such authorization shall not relieve DART of its obligation to complete the modificalion; FURTHER PROVIDED, that such authorialion docs not unreasonably interfere with the City's provision of services 10 the public, and FURTHER PROV)DED, that the City is pennitted under applicable law 10 granl such authorizations. The city shall nol un.reasooably withhold or delay its authorization under this section. 14. ARTICLE 4. Quality AJ$uraoce and Acceptance. 4-4.01. Inspectloll 01 ConstructloD or City Facilities. Modification of City Facilities to be main!aUled by the City shall be Inspected and approved by the City. Likewise, the City shall bave the right to Insp«t those sections or portions ora DART Project in which City Facilities exist or may be affected. The City shall fulnisb its Inspectors to observe such modification of facilities so that upon completion of same, the City wiII have a basis for acceptance of the work. All City direction affecting DART contractors shall be given through DART representatives EXCEPT when an emergency situation exists or is imminent and the DART representative is oot available. The City Water Department Inspectors shall have day·to-day inspec:tion responsibility and, through the DART representative, 􀁣􀁯􀁮􀁴􀁲􀁯􀁾􀀠of alterations to the City's water and wastewater system facilities. City and DART representatives shall coordinate throughout the construction process. DART shall have a readily available, designated representative available on site at all times that cons\l1lCtion activities are underway On City Facilities and accessible by telephone at all other times for emergency response. Construction and materials testing as agreed by the City and DART shall be perfonned by certified laboratories under contract to and paid by DART. DART agrees to furnish to City certified resubs ofall tests. ., Following site visits, DART and the City shall inform each uther in writing of any deficiencies or discrepancies observed. A daily report will be maintained by each Insp«tor. It copy of which shall be available at the appropriate field office. Whenever unacceptable worle on a City Facility is noted by the City, the Di=tor of Public Wones or his designee shall immediately notify DARTs Senior Vice President, for Project Management or ' his designee to repair. replace or correct the worle to confonn to approved plans and specifications. DART may use whatever means are available or nC¢essary to insure resolution of the problem, including withholding payments 10 its contractors under the terms oftheir contracts with DART. The City shall not withhold its acceptance. ofthe work so long as the project was constructed in accordance with the approved plans and specifications. , . 4-4.02. Final Walk-Through and Acceptance.. Uponcoropletion of construction of a City Facility, City staff shall accompany DARTs engineer when final walk-through and preparation of the punch list is made of items DOl in conformance with the approved plans and specifications. Items identified by the City as not in conformance with the approved plans and specifications shall be added 10 the punch list at the City's request. After the punch list is performed to meet specifications. and upon re<:eipt of certification by a registered professional engineer licensed in the State of Texas that the construction perfonned conforms with the approved plans and specifications, and evidence of DARTs right of possession, City shall accept responsibility for maintenance ofany new City Facility, EXCEPT for warranty obligations of the contractor or colT\!Clioa of defective worle, which' shall remain the responsibility of DARTs contractors and for which DART shall obtain con-ection to the extent extent authorized by law: , . . .'.' '. 􀁾􀀧􀀠' .. §4. ARTICLE FIVE. Bonding. Warranty, Insurance and Design Responsibility and Liability. 4·5.01. . Bonding. .Where DART awards a canslnlction contract in excess.. of $25,000.00' iiI City right-of.way·or on City property, the contractor shall provide perfonnance and payment bonds acceptable to the City Attorney and DARTs General Counsel in an amount equal to 100 percent of the contract price, with the City and DART named as co-obligees. The bond forms shall be substantially equivalent to the City's standard bond ..<,;. '....' . .,;:\ :." " '".-. 􀁩􀁾􀁾􀀻􀁾􀀺􀁾􀀺􀀼􀁾􀀨􀀮􀀻􀀻􀀺􀀻􀂷􀀢􀀮􀀠:-;'< ' , ." .c, 􀀺􀀢􀀾􀁋􀁾􀀧􀀻􀀮􀀠􀁾􀁾􀀠. lLA.MAST: Rev: 10.1·97 PAGE 2l OF 32 • ,'.,-,._, fonns. All bonding shall meet the requirements of State tAw with surety companies only acceptable to DART and the City. 4-S.02. Warranty Requirements. DART sball require its contractors to warrant all wor\c against defecu in materials and worlananship in writing for a minimum period of one (I) ),ear after fmal 􀁡􀁣􀁾􀁥􀁰􀁴􀁡􀁮􀁣􀁥􀀠of the wort, and shall require DART's contractors to remedy in a timely manner any defect, or correct and repair 1111)' damage, u detennined by the City to City Facilities during the wamnty period that is caused by a failure of such facilities ill stalled or modified by DARrs contractor. Latent defects In DARrs construction shall also be DART's responsibility following the expiration of the express wamnty period to the extent authorized by law. 4-S.oJ. IDS. ranee. Any Design or construction contracts entered into by DART or the City for work ill City rigbt-otr-way or on City prOperty in, connection with a DART project shall provide for insurance coverage and endorsements alXCptable to the DART and City Risk MlII1egers. Such insurance shall not be for less than those types of policies and coverages nonnally required by the City and DART of its consultants and contraclOn 00 similar projects and shall include notification requirements, limits and deductibles 'aC.::eptable to both CIt,),,1nd DART. Insurance meeting the following requirements is acceptable: . ""','<',, 4-5,0301. Contractor liability insurance policies shall contain endorsements to the policies of insurance that name the City and DART as additional insureds, .' '" !·':'i:1'.'•.. 4-5,0302, Any such Insurance shall be primary to and not contributing with any 'cA,j insurance maintained by the City.:􀀧􀁾􀁆􀀠i.':. ' 􀀬􀁾􀀡􀀮􀁣􀁾􀀡􀁩􀀮􀀠4-5.0303. Insurance coverage for construction shall include' All Risk Builders Risk " ",cc Insurance (including flood coverage) covering the entire work against Joss or damage until completion and acceptance by the City and DA,RT. ' .;;'-.1 -'-.,'"J: .. :-:..-).1:J. 4·5.0304. Commercial General Liability Insurance shall be endoroed for broad form property damage, explosion, collapse and underground hazards and shall include independent ccntractors liability, personal injury, premises operations, products and completed operations and contractual liabitity with a per occummce amount acceptable to the City and DARrs Risk " • 􀀮􀀡􀁾􀀠Managers. .􀁾􀀺􀀺􀀠􀁾􀁾􀀬􀀺􀀠4-5.0305. Comprehensive Automobi!e and Truck Liability Insurance for all owned and "":1'", non,owned vehicles shall have a combined single limit per occurrence aalOiin't acceptable to 􀁴􀁨􀁥􀀧􀁾';;li' City and DARrs Risk Managers.' '. ,. ;;:,.C.' ,,2 ' ..-. 4-5.0306. Workers 􀁣􀁯􀁭􀁰􀁥􀁾􀁾􀁯􀁮􀀮􀁾􀁶􀁾􀀧􀀺􀀢􀁬􀁬􀁥as required 􀁢􀁹􀀩􀁾􀁾􀀺􀀮􀀺􀀾􀀻􀀺􀀻􀀻􀀮􀀢􀀬􀀬􀀺􀀬􀀻􀀬􀀠􀁦􀀬􀀳􀁾􀁾􀀧􀀠' 4·5.0307. ProfeSsional Liability InSurance (Errors and OmiSsions) for Design 􀀻􀁬􀁴􀁾􀀠consultants, with limits and extended discovery periods acceptable to the City and DARrs 􀁒􀁩􀁳􀁉􀁣􀀧􀀱􀁊􀁾􀁨􀀧� �Managers. . " . "';.: 􀀻􀀬􀀷􀀢􀀧􀁾􀀺􀀠;:" ; ,-. 􀁾􀀤􀀺􀀭􀀻􀀧􀀠4-5.04. Design Responsibility and Lbbllity. Approval of any DART design and/or cons.:.iction document by the City shall not be deemed an assumption or acceptance of any responsibility or liability by the City for the adequacy or eompetency of the designs or construction documents and all such responsibility and liabUity sball be and remain with DART and its consultants. Likewise, any approval ohoy City design and/or construction document by DART shall not be deemed an assumption or acceptance ofany responsibility or liability by DARTfor the adequacy or competency of the designs or construction documents and all such responsibility and liability shall . be and remain with the City and its cQnsuitants. .􀁾􀀮􀀠' .'-' ,: • ::": .../,.', "'. '1 • " :: ., : . :, 􀁾􀀮􀀧􀀠/) 􀀻􀀺􀀮􀁾􀀠• .i;f..􀁾􀀠. ... > .. '.\;. .;, ILA·MAST: Rey: 1().7·97 , . 􀁾􀀠. 1<4-ARTICLE 6. Ceneral Mallen. 4-6.01. Additional Contract Clauses.. DART shall include in its contract technical spe6ificatiOflS related to improvements on City right-of·way or City property such requirements as may be l'Wonably requested by the City to address project specific needs relating to City Facilities. In addition. DART shall include a provision whereby the DART contractor releases the City from any claim or obligalion for payment under the DART contraa. Likewise, the city shall include in its contract technical specifications related to improvements 011 DART right-of-way or DART property such requirements as may be reasonably requested by DART to address project specific needs relating to DART Facilities. In addition, the City shall include a provision whereby the City contractor releases DART from any claim or obligation for payment under the City Contract. 4-6.02. AccC$'-To the extent required by law during DARTs cons1ruction activities, DART shall maintain vehicular and pedestrian a= to property and buildings abutting City right-of.way. DART!haI1 be responsible for conducting. providing and paying for the defense of any litigation in this regard and all costs, expenses, liability and damages resulting from loss of vehicular 01" pedestrian access as a result of DART construction shall be borne by DART. 4-6.03. Corrosion (Stray Current) ControL DART's Designs shall be reviewed by engineers acceptable to the City who are experienced and qualified in the area of stray current control for transit systems and utility lines. Final Designs shall include systems on Fixed Facilities and Fixed Ouideways and on utility lines for the proper protection of existing. proposed and future utility lines, both public and private for 1I1e design life of the facility. Following completion of construction. DARTs engineers shall test and monitor on a periodic basis the transit system and selected utility systems in the vicinity of DART Facilities and operations in order to detennine the effectiveness of the stray current corrosion control systems and such findings shall be made available to the City. Any undesirable effects observed by an expert recognized as such by the corrosion control industry. hired by DART and acceptable to the City and DART. shan be corrected at DARTs cost. Corrective action may be implemented on transit facilities. utilities or both as necessary and applicable. . . -. ", : :' " 􀀧􀀺􀀮􀁴􀀭􀀮􀁾􀀠. 4-6.04. Safety 􀁒􀁥􀁶􀁩􀁥􀁾􀀠of DART Designs. Prior to fmalizatioo of DART plw and specificatiollS, DART shall conduct safety review and evaluation of sucb plans and specifications, particularly with regard 10 vehicle' operations and electrical hazards. Such reviews and evaluations shall be undertaken by fully qualified individuals experienced with the facilities DART proposes 10 build The City shall be provided with 1I1e completed evaluation reports and DART shall consider and address all recommendations therein contained in its final Designs. .,",". -,. SECTION FIVE OPERATIONS AND MAINTENANCE §S -ARTICLE ARTICLE 1. The "Procedures Manual".' Pursuant to 1I1e Master Interlocal Agreement with 􀁴􀁨􀁾􀀠City of' Dallas, standard operating procedures for the operation and maintenance of 111. Light Rail Transit System were established, documented and detailed in the "TrgfficITrain Operations and MainJelUJJlCJl Procedures Manua1", (the "Procedures Manual") whicb is approved and incorporated by reference and made a part of this ll.A as ifcopied verbatim at this point. The City and DART 􀁗􀁬􀁬􀁾􀀠as necessaJ:}'. add an Addendum to the Procedures Manual reflecting the specific operational and maintenance obligations 1I1at differ rrom those obligations between the City of Dallas and DART. ,L,'!. .. ":'.;,.",.,,.,' ":. -.. .􀁾􀀠S·1.01. The Procedures Manual Addendum. The Procedures Manual Addendum will contain specific details addressing each ofthe following matters:' . . . .." , ": .. 􀁾􀀠-,-. -.. , '. 1.1 • 􀁾􀀠5·1.0101. within the City; ItA.MAST: Rev: 10-1-97 5.1.0102. Headways within the City Limits; and, 5.1.0203. Traffic mitigation Design-construction plans; 􀁾􀂷􀀡􀀬􀀰􀀲􀀮􀀠Procedures Manual and Addendum Modlncations. Significant modifications to either the Procedures Manual or the Procedures Manual Addendum shall be approved in writing by the City Manger and the DART PresidentlExecutive Director. Minor field adjuSlmenlS, ifany,lo the Procedures Manual Addendum .haIl be on the approval of the City Traffic Engineer or other designated City department hud and the DART Vice President for Operations or Vice President for Maintenance, as the case may be. . 15 -ARTICLE 2. MaIntenance.. . 5·2.01. DART MaIntenance Oblle.tlons. DART shall assume permanent Maintenance responsibility for the project elements assigned in Exhibit "A• attached hereto and incorporated herein. \ .. , . 􀀬􀀮􀀻􀀮􀀺􀀺􀀮􀁉􀀧􀀡􀀢􀀢􀀼􀀻􀁾􀁾􀀺􀀺􀀧􀀠5-2.02. CIty Maintenance ObligatIons. Th. City shall assume permanent Maintenance responsibility for the projcct elements assigned in Exhibit "A• attached hereto and incorporated herein. 5-2.03. City Maintenance Work. 5·2.0301. The City shall provide DART advance notification pursuant to Table I, for any Maintenance, repair or improvement work performed by the City or its contractors on the ..., Operational Throughway that may affect rail operations. All City performed maintenance, repair 􀀧􀁾􀁲􀁵􀁬􀀢􀀠or improvement work shall be in complete accordance with approved DART Maintenance and ;;:;1/' safety procedures as documented in the Procedures Manual. The City shall not grant permits 􀁦􀁯􀁲􀀻􀀬􀁾􀀢􀀢􀀬􀀠work by utilities or other persons or entities within the DART Operational Throughway without.,.;::': the prior written approval from DART. . .'a '(c . •'. 􀀭􀀻􀁾􀀬􀀬􀀻􀀺􀀧􀀺􀀧􀁃􀀧􀁨􀁩􀀱􀁬􀀠5-2.0302. Should the City perform Maintenance, repair or improvement work on or ncar '<<'1"c the DART Operational Throughway, City forces shall provide and install adequate construction'"'' warning signs and other requirements in accordance with muTCD, the Procedures Manual and standard City practices. When the City is perfonning work within DART's right-of-way, DART's. 􀀺􀁫􀁾􀁾􀀠safety standards or practices sball likewise be followed. In the event ofa variance between DARTi,,·.:;.,r·; and City safety standards or practices, the more restrictive sbaJl be followed. If City􀁪􀁾􀀮, Maintenance, repair or improvement work damages DART Facilities or equipment, the City sbaJl.iiili::,·; be responsible for the immediate restoration of the affected facilities or equipment to their condition prior 10 the start ofsuch work by the City. 5-2.04. DART Maintenante Work. ')'.1; <,:'f.(· . 5-2.0401. DART shall provide advance notification as provided in Table 2, to the mc or appropriale City department to receive advance approval from the City for DART or its . contractors 10 perform any MainteDllllce, repair or improvement wode situated on City 􀀢􀀧􀁾􀁾􀀬􀀨􀀠right-of-way, on other City property, or that may affect the operation of City Facilities or other 􀂷􀀻􀁾􀁩􀂷..: utility and/or communicatloo facilities in place. This includes work above City water lines or., ," across City StteclS where traffic may be affected. DART or its contractors shall be responsible for ..;-'" . obtaining any necessa:ry permits or other approvals required bY City ordinance prior to beginning ..􀁾􀀺􀀺􀀠the Maintenance, repair or improvement work. Notification to the City is not required if the".': "'maintenance, repair or improvement work does not occur on City right-of-way or other City Property and does nQt 􀁾􀁦􀁦􀁥􀁣􀁴􀀠operation of City Facilities or utility and/or communication facilities.. . .' .. . practices. When DART is performing work within the City's right-of-way, the City's safety standards and plllctices shall also be followed. In the event of a variance between DART and City safety standards Or practices, the more restrictive shall be followed. If DART Maintenance. repair Or improvement work damages City Facilities Or equipment, DART shall be responsible for the immediate restoration of the affected facilities or equipment to their condition prior to the SW1 of such work by DART. 5-2.0403. Following completion ofthe Light Rail Transit System within the City, DART will develop corrosion control inspection and Maintenance procedures reasonably acceptable !O the City. DART's engineers wiJIlest and monitor on a periodic basis (but not less than annually) the Light Rail Transit System and selected utility systems in the area of DART Facilities and operations in order to determine the effectiveness of the corrosion control systems and such findings shall be made available to the City within thirty (30) days after receipt by DART. S-2.05. Safety QualirlClltions. The City shall be responsible for assuring !bat key City personnel or its contract supervisors performing work on the DART Operational Throughway are certified by DART in proper safety procedures_ Certification tags or other identification will be issued !O certified personnel and shall be displayed at the work site. DART shall provide safety training and instruction to such personnel and contractors at periodic intervals. Safety training and instruction will be provided by DART within thirty (30) days after notice at a location and time to be determined and specified by DART. . ' '. :,'. , "..., '., ., 5-2.06. Insurance.. City contractors performing work within the DART Operational Througbway, and DART contractors performing work on City property shall each carry suitable casualty and liability insurance with coverages and limits jointly determined by DART's and the City's Risk Mangers and complying with SECllON FOUR, ARTICLE 5 of this ItA. Any Any such poliey shall name the other party as an edditional insured and proof of such insurance shall be promptly provided to the other party upon request. ' " ", , " , 5-2,07. Displays and Special Events. ; : . ,. . .,', '" ('f . 5-2.0701. It is understood by the City and DART that the movement by rail Vehicles'iii\d ' pedestrian and traffic flow along the Operational Throughway is of primary importance !O the parties and that under no circumstances will a permit be granted to any person or entity for'any '," use of the Operational Throughway that would in anyway interrupt, block or, restrict such ',,, activities. ' '"" '" " ,".!... 􀀭􀀺􀀺􀀺􀀮􀀬􀁾􀀺􀀭􀀬􀀠.".:1::(-.:" , .. 􀀬􀁾􀀧􀀺􀀭􀀢􀀠-':,;,,', "", , . "'''''::'1 􀀬􀀬􀂷􀂷􀀿􀀬􀀧􀀭􀀬􀂷􀁾􀂷􀀻􀁩􀀻􀀺􀀭􀀯􀀧5-2.0702. DART and the City recogniie the polcotial for third parties 10'requesfthe'iise';'", of the OCS poles. traffic signal poles and other structural elemeDIS for displays 􀀨􀁤􀁣􀁣􀁯􀁉􀁬􀁉􀁴􀁩􀁶􀀮􀀺􀀧􀁾􀀬� �􀀬􀀺􀀧􀀠, seasonal, etc.) and recognize the need for a mechanism to process such requests., Each party ,sball c,,":,',' submit to the other a written notification ofall 􀁲􀁥􀁱􀁵􀁥􀁳􀁴􀁳􀀮􀀧􀁾􀁡􀀮􀀧� �􀀧􀁲􀁥􀁣􀀮􀁥􀁩􀁾􀁥􀁳􀀠for approval 􀁯􀁦􀁩􀁰􀁹􀀮􀁊􀀡􀁩􀁳􀁊􀁬􀁉􀁾􀁹􀁳􀀢􀀠.' to be attached to the other's poles and 􀁳􀁴􀁲􀁵􀁣􀁾􀀮􀀠Neither the City nor DART shall umia!erany ,':" grant pennits for displays attached to DART OCS poles. City traffic signalsar'placed above the';: Operational throughway without the writteD authomation from both the City and DARr'and ' without review under the City's Special Events Pennit process. Under no circumstance shall any display he permitted that would in any ""'Y impede the ahilil)! to see and react /0 changing traffIC conditions. or to any traffic control device or Train signoJ while the roil Vehicles or molor vehicles are or may be in operation. , ,: ;,. ' : .. ",-2 ••􀁾􀀮􀀻􀀠::1:':;":::' 􀀼􀀻􀁾􀀭􀁤􀂻􀀠5-2.0703, Once the City and 􀁄􀁁􀁒􀁔􀁨􀁡􀁶􀁾􀁡􀁰􀁰􀀮􀀺􀁯􀁶􀁥􀁤􀀠a permit for inSlallation ofapproved displays, and before such inslallation is commenced, the permittee sball be required to' nOtify ,: DART's OCC and the City's me and any other persons as required by the penni! to ins'uii'lliai 􀀺􀁾􀀧􀀠adequate safety measures are observed. DART reserves, the right to perform the installation of' ' any such displays to its OCS poles or above the F'lXed Guideway. Each party may reimbursement for labor and materials associated with its installation ofapproved displays. 􀀮􀀭􀀺􀁾􀀢􀀬􀀮􀀠..,.", ..... \ ILA-MAST: R..: 10-7-97 , : 2.0704. Requests for special events such as parades. festivals. sporting events. elc .. along or erossing the Operational Throughway shall be submitted to DART II leas! thirty (30) da". in advance of the proposed event for review and comment as part orthe City's Special Events Permit process and 10 the extent such a request affects the Operalional Throughway. il must be approved by DART. . j,y01ZI 􀀨􀀩􀁃􀀷􀁾􀁉􀁹􀁜􀀬􀁊􀀯􀀠c;u-r O'7Si,:\ IS· ARTICLE 3. Operations. G. ',l V 􀁾􀁴􀁐􀀮􀀠􀀦􀁾􀀠IJ fJY􀁾􀀻It eJl ' 5-3.0 I. General Provision!. 5-3.0101. loinl operalional procedURS between the City's traffic control system and the DART Train operation syslem shall be developed and implemented to optimize performance and Level of Service for both modes oftransportatioo. 5-3.0102. While it is recognized that provision of services by both DART and the City benefit the public. the City retains ultimate control over the traffic operation system within the City limits. The City shall coordinate with DART in advance on decisions regarding enhancements or modifications to the traffic controller software that may affect Train operations. ' , .:. , Consistent with the parameters established in this !LA and the Procedures Manual, the City will ." . nol unilalerally modify the traffic control mitigations (hardware and/or software) in such a manner's""" as to modify Headway or scheduled travel time. Likewise. DART will not unilaterally modify Train operations in such a manner as to disrupt traffic operatiOll$. " . 5-3.0103. Seheduled initial Headway in each direction shall be established for the LRT '. , segments within the City's limits after consultation between DART and the City" .. " _. -'-' -' ;;'. 􀀻􀀺􀀧􀁾􀀠S-3.0104. Headways may be modified in any way afl invalid, illegal or unenfori::eable provision to carry out as near as possible the original int""t ofthe parties. "0 ,',,< '';' --6-6.15. Captions. The captions to the various. Sections, Articles and Paragraphs in this ILA are for informational purposes only and shall not alter the substance ofthe terms and conditions contained herein. 6-6.16. Binding Agreement This ILA shall be binding upon and inure to the benefit of the parties h noise; (b) safety; (e) drainage/floodplain; (d) geometric requirements; (e) access to adjacent properties; (f) aesthetics/visual intrusion; (g) cost-effectiveness; and (h) other considerations unique to the proposed vertical realignment. §3 -ARTICLE 8. Environmental and Special District Compliance. Both DART and the City will adhere to all current and future laws, regulations and ordinances enacted by the United States ofAmerica, the State ofTexas and the City with respect to the environment and special districts such as historic districts and sites. Environmental concerns will include, but not be limited to, physical environmental elements such as floodplains, drainage, soils, slopes and vegetation as well as other elements as they relate to health and safety, e.g. air, water and noise pollution. The City supports incorporation by DART of mitigation measures in the construction and operation of its transit system Plan designed to assure that a high level ofwban and natural environmental quality is maintained. §3 -ARTICLE 9. Off Premises Signs. DART agrees to comply with all City ordinances governing Off Premise Signs. DART will not allow the erection of new Off Premise Signs on DART property in the City outside afFixed Facilities. DART will continue to maintain existing legal Off Premise Signs on DART property in accordance with all applicable City ordinances and may also relocate existing, legal Off·Premise Signs on DART property in accordance with all applicable City ordinances within the same DART project area from from which they were removed if their removal was required for the construction of a Fixed Facility or a Fixed Guideway. The City agrees that advertising signs in all DART Stations, bus transit centers and bus shelters shaii be wholly exempt from the City's sign ordinance unless those signs are designed to inform or attract the attention of persons outside the specific site, PROVIDED, HOWEVER the limitation imposed herein does not extend to informing or attracting the attention of rail or bus patrons to the location of the Station or transit center. SECTION FOUR FIXED FACILITY AND FIXED GUIDEWAY DESIGN AND CONSTRUCTION §4 -ARTICLE 1. Design. 4·\.O\. Design Criteria and Approvals. City staff review and concurrence will be required during all design phases for all proposed LRTconstruction within City Right-Of-Way, on City Property or on private property where City FacUities are affected. Final plans for such construction shall require approval by the City Manager or his designee prior to commencement of construction, which approval shall be required within 21 calendar days after receipt of submission by DART. Reasonableness tests shall include compliance with applicable laws, codes and ordinances and the standards outlined in §§4· \.03 and 4-1.04 along with standard engineering and construction practices recognized in the Dallas-Fort Worth Metruplex for similar construction. 4-1.02. Design Review on State Highway System Facilities. For those Fixed Facilities or Fixed Guideways proposed to be located in a State Highway System highway under the ownership, maintenance or operating jurisdiction of the City, DART will provide the City with a copy of each of its design submittals to the Texas Department of Transportation ("TxDot") at the same time they are submitted to TxDot. The City will provide its comments to TxDot for consideration and action and furnish to DART a copy of all transmittals to TxDot at the same time they are submitted to TxDot. The City shall identiJY all such comments as City·generated so that DART . may directly 􀁩􀁾􀁴􀁥􀁲􀁡􀁣􀁴􀀠wi!h the City as appropriate. 4-\.03. Design Documents for City Facilities. Subject to modification permitted by the City, the following list of documents shall be used by DART in the preparation of its Designs and shall govern all construction by DART within City right-of-way and on City property: ILA·MAST: Rev: 10·7-97 PAGE IS OF32 4·1.0301. Standard Specifications for Public Works Construction, North Central Texas Council of Governments; 4-1.0302. Paving Design Manual; 4-1.0303. A Policy on Geometric Design of Highways and Streets, 1990, American Association ofState Highway and Transportation Officials ("AASHTO Green Book"); 4-1.0304. Storm Drainage Design Manual; 4·1,0305. Driveway and Parking Lot Design Manual; 4·1.0306. Drawings, Details and St3ndard Appurtenances for Water and Sanitary Sewer Construction Methods; 4-1.0307. Water and Wastewater Design Manual; 4·1.0308. Texas Manual on Uniform Traffic Control Devices; 4-1.0309. Traffic Barricade Manual, Department ofTransportation; 4·1.0310. Street Cut and Excavation Repair Standards; 4·1.0311. Thoroughfare Plan; 4-1.0312. All LRT safety guidelines as applicable; and, 4-1.0313. Such other design criteria of general application to private or public development activities as may be developed from time to time. The City shall notify DART of any changes to the foregoing list ofdocuments. 4·1.04. Design Documents for DART Facilities. The following list of documents shall be used by DART in the preparation of its Designs and shall govern all construction by DART on private property or on DART Facilities other than those covered by Paragraph 1.03 ofthis Section. Such documents shall include: 4-1.0401. The City Building Code; 4·1.0402. appropriate standards and codes relating to the Light Rail Transit System; 4·1.0403. all other applicable City codes and ordinances; 4-1.0404. all LRT safety guidelines; and, 4·1.0405. DART Design Criteria and Standards. 4-1.05. Amendment of Design Documents. DART shan use the versions of the Design Documents listed in Paragraphs 1.03 and 1.04 of this Section in effect at the time of approval by the City of the project definition submittal (10% Design), or upon the execution date of this lLA, whichever is later. Revisions Co said Design Documents by the City during the first six-month period subsequent to said date which involve no cost changes in the project shall be incorporated by DART in future project submittals. DART will not be required to incorporate revisions by the City to said Design Documents occurring after the fll'st six months. ltA·MAST: Rev: 10-1-97 PAGE 16 OF 32 Changes by the City to the Design Documents which involve cost changes to the project after a project definition submittal (10% Design) will be the subject ofcase by case negotiations between DART and the City. 4·1.06. Utility Facilities. During the design of a DART project, when utilities are involved, DART shall confonn to City standards and shall adhere to utility franchise, license or other outstanding agreements between the City and the individual concerned utility; PROVIDED, HOWEVER, that this requirement shall not be construed to modify Article 5 of Section Three of this lLA. Upon DART's request, the City shall assist DART to tlie greatest extent possible in the negotiation of utility relocation agreements with City franchisees. At all times, DART agrees to m;nimize the disruption ofpublic utilities to the extent reasonably possible. 4·1.07. Otber Design Requirements. During the Design ofa DART project, DART shall develop Traffic Sequence ofConstruction Plans for City approval. The Sequence of Construction Plans shall provide, arnong other things. for the handling of vehicular and pedestrian traffic on streets adjacent to the DART project and shallshow construction phases, street closings, detours. warning devices, traffic signal phasing and timing changes (temporary and pennanent) and any other pertinent devices and/or facilities. DART may make changes to approved traffic maintenance plans only with prior approval by the City. DART shall submit its contractor's haul routes to the City for approval and shan be responsible for documenting existing conditions of haul routes and adjacent streets and private properties adjacent to the project. DART shall make a diligent effort to insure that no debris is spilled on City .Facilities and that no excessive wear or damage occurs to City Facilities. Any City Facility that becomes unsightly as a result of DART's action shall be cleaned by DART. Trench safety documents, created, signed and 􀁳􀁥􀁡􀁬􀁥􀁾􀀠by a registered professional engineer, licensed in the State of Texas and complying with all applicable laws and 􀁲􀁾􀁧􀁵􀁬􀁡􀁴􀁩􀁯􀁮􀁳􀀮􀀠shall be required by the City for excavation on a City Facility. 4-1.08, Temporary Service. City Facilities shall not be taken out of service without specific approval of the City. If it is determined by the City that temporary service is required as a consequence of DART construction, such shall be furnished and installed by DART at DART's expense. Alternatively, the City may elect to provide the temporary service with reimbursement by DART. The City shall advise DART of the need for temporary service within a reasonable period after the request is made by DART. 4·),09. Design Performed by City. When DART and the City agree that Design for a specific facility, modification is to be perfonned by the City, the following procedures shall govern: 4·1.0901. DART shan issue a DART Task Order to theiCity. upon acceptance of which; the City shall, in accordance with an agreed schedule for completion and cost reimbursement, proceed to perform the Design, 4·1.0902. The City shall use reasonable efforts to schedule its design to coincide with DART's design schedule for the corresponding section or portion ofthe DART project. 4·1.0903. The City shan submit the Design plans and specifications to DART for review and comment, along with an estimate of the cost and an estimate of the construction time needed to perform the required work. including procurement of any long lead·time materials. 4·1.0904. The City shall coordinate its facility modification plans with other affected utilities. 4·1.10. Design Performed by DART. When DART and the City agnee that a Design for a specific facilities modification is to be performed by DART, the following procedures shall govern: 4·1.1001. During the Design process; at the stages agreed upon, DART shall submit to the City the Design plans and specifications for review and subsequent approval. The City shan use its best efforts to expedite and respond to the plan review, approval and permitting process within twenty·one (21) calendar days from receipt of the submittal. lLA·MAST: Rev: 10·7·97 PAGE t7 OF3l 4-1.1002. For City Facilities only, DART shall provide the City with a setor the approved reproducible drawings prior to construction, signed and sealed by one or more registered professional engineers licensed in the State of Texas. 4-1.1003. DART shall coordinate its facility modification plans with all affected utilities. 4-1.1004. DART shall provide three (3) sets of bid documents to the Director of Public Works on or before the date of distribution of the documents to potential bidders. The City shall have the right to review and comment on the bid documents. 4-1.1005. DART shall not direct its contractors to commence work on an approved project within City right-of-way or on City property until the appropriate honds and insurance certificates have been provided and a City permit obtained for the work. 4-1.11. Coordination of New City Facilities on City Property or City Right-of-Way. If the City plans to construct new facilities on City property or right-of-way that would conflict with construction or operation of the DART project. DART and the City shall make arrangements, if possible, to install such new facilities in a place and manner that will not conflict with the DART project. DART shall closely monitor proposed City construction activity tn insure this coordination and shall notify the City of possible conflicts. Upon receipt of notice of possible conflicts, the City shall undertake reasonabJe efforts to modify its plans to accommodate the DART project. Any increased cost to the City in modifying a previously completed Design and any resulting increased cost of construction ofCity Facilities to accommodate the DART project shall be paid by DART. 4-1.12. Betterments. Before attaining the 65% design Jevel, the City shall provide DART in writing the details of any Betterments the City may require in a specific section of a DART project so that the Design of the Betterments can be coordinated in the overall Design of the project. Upon agreement by DART as to the scope of the Betterments, they shall be be constructed by DART at the City's cost §4 -ARTICLE 2. Acquisition or Exchange of Land. 4-2.0 I. rught-of-Way Acquisition by DART. In the event the Design of Fixed Facilities or Fixed Guideway requires new stteet or alley right-of-way outside the Fixed Facilities or Fixed Guideway, it shall be acquired by DART and conveyed to the City by special warranty deed as soon as reasonably feasible following completion of the project. As consideration for such conveyance, the City shall either (a) pay for such right-of-way a sum equal to the fair marieet value of the land plus acquisition costs, or (b) acquire and exchange other new or additional right-of-way required by DART ofequal value or utility. 4-2.02. Rights-Of-Way Abandoned and Transferred to DART. Unless otherwise agreed by the parties, when construction of a DART project requires existing City stteets and/or alleys outside of the Fixed Guideway to be abandoned and title to such right-of-way conveyed to DART, . such conveyance shall be made by special warranty deed and as consideration for such transfer DART shall: (a) acquire and convey to City replacement right-of-way of equal value or utility; or (b) pay for such right-of-way a sum equal to the fair market value of the land plus acquisition costs; or (c) exchange other new or additional street or alley right-of-way acquired or to be acquired by DART and conveyed to the City. 4-2.03. Roadway Closures; Right-or-Way Retained by City. When existing City Streets or alleys are tn be closed as a result ofa DART project. and when such right-or-way is not utilized by that DART project, and when title'to the property is to remain in the City, no payment for such property shall be required of DART. 4-2.04. Other City Owned Land. When a DART project requires acquisition of City owned land other than street or alley rights-of-way, DART shall compensate the City at fair market value for the property rights acquired, which compensation may be in cash, exchange for land owned by DART, credit toward Betterments requested requested by the City or any combination of methods acceptable to the parties. ILA-MAST: Rev: 10·7·97 PAGE 18 OF32 4·2.05. DART Owned Land. When a City project requires acquisition of DART owned land that is nOl otherwise to be made available to the City. the City shall compensate DART al fair market value for the property rights acquired, which compensation may be in cash, exchange for land owned by the City or a combination acceptable to the parties. 4·2.06. City Easements Within Project Right-of.Way. If a City Facility occupies its existing location in DART owned land by license or easement to the City, and if DART requires the City to make a modification for DART's convenience and the replacement facility will be located within the DART project right-of-way. DART shall accommodate the replacement and the city shall be reimbursed for all costs incurred for relocating such City Facilities. If requested by the City a replacement license or easement shall be granted to the City by DART at no cost to the City. It is hereby understood that in accepting such replacement license or easement and in releasing its existing rights, the City shall be granted the right to install, operate, maintain and remove the relocated facilities on the replacement license or easement. DART agrees to construct DART Facilities so as to allow for said City installation, operation, maintenance or removal if required. Any such installation, operation, maintenance or removal shall be done at such times and in such a manner as not to unreasonably interfere with or endanger DART operations and the City will provide proper notice of any such installation, maintenance or removal. §4 -ARTICLE 3. Construction. 4-3.01. City Construction on Behalf of DART. When it is agreed that the City shall construct a modification to City Facilities necessary to eliminate a conflict with a DART project, the follOwing provisiOns shall govern: 4-3.0101. DART shall issue a Task Order outlining the construction work which the City is to perform and shall provide a detailed estimate of costs to be paid to the City, including a ten percent (lO%) contingency. Upon written acceptance of the Task Order, the City shall use its best efforts to commence and complete the work as agreed upon in conformance with the approved Design plans and specifications, on schedule and within the established budget. All Design and construction costs shall be paid by DART and the City shall be paid its costs as they accrue and are billed to DART. The City shall not use the contingency funds without the prior approval of DART, which approval shall not be unreasonably withheld or delayed. 4-3.0102. The City shall not make any changes in the approved Design plans and specifications without the prior concurrence ofDART. 4-3.0103. In the event temporary facilities are necessary to effect a modification, the City may use lands owned or controlled by DART for the purpose of erecting such temporary facilities, provided DART shall bave approved in writing the location, usage and duration of such temporary facilities. Upon completion of replacement facilities in their permanent locations, the City shall remove all temporary facilities and restore the area as nearly as practical to its original condition unless the City and DART agree in writing to some different standard. 4-3.0104. The City shall notify DART in writing at least five (5) working days priorto commencing the work so that DART may make arrangements for such inspection and record keeping as DART may desire. 4-3.0105. If reasonably possible, the City shall not exceed the schedule or the amount of money specified in each Task Order without the prior written approval of DART. The City shall advise DART when the project is 75% complete or no later than thirty (30) days prior to completion, whiChever is earlier. ILA-MAST: Rev: 10-7-97 PAGE 19 OF32 4-3.0106. The City shall provide DART such information as shall be necessary in order to incorporate the City's work schedule into DART's scheduling and tracking system. 44-3.0107. Ifat any time the City has reason to believe that the schedule andlor cost to DART will exceed that specified in the Task Order, the City shall immediately notifY DART in writing to that effect, giving its revised schedule andlor cost estimate for the work authorized in the Task Order. Subject to audit and following DART approval, DART shall provide such additional funding as is necessary to complete the work. 4-3.0108. DART shall reimburse the City for all Direct and Indirect Costs incurred by the City to relocate facilities belonging to another agency or company where such facilities are jointly reconstructed with the City's conflicting facilities or where such facilities occupy the area ofthe City's conflicting facilities pursuant to preexisting agreements. 4-3.0109. Following fmal completion of the task as assigned, DART shall make fmal payment to the City for any costs incurred in excess of previous funding received. 4-3.0110. All charges, costs and payments hereunder shall be subject to audit by DART. 4-3.02. DART Construction on Behalf of City. When DART and the City agree that DART shall perform a specific modification of a City Facility for DART's benefit, DART shall perform the modification in conformance with the Design plans, specifications, on schedule and within the established budget agreed to by DART and the City during Design and the City shall provide inspection services to insure such conformance. The City shall expedite the inspection process. DART's engineer shall inspect the construction of the modification and shall subsequently certifY that the modification was constructed strictly in accordance with the approved plans and specifications. DART may make changes to previously approved modification plans only with the prior written approval of the City. 4-3.03. Construction of Betterments. When DART and the City City agree that DART shall construct a . Betterment to City Facilities, the following provisions shall govern: 4-3.0301. The City shall issue a Task Order outlining the construction which DART shall perform and provide a detailed estimate of costs to be paid to DART including a ten percent (10%) contingency. Upon written acceptance of the Task Order, DART shall commence and complete the work as agreed in conformance with the design plans and specifications. All Design and construction costs for the Betterment shall be the City's responsibility and DART will be paid by the City for all of DART's Direct and Indirect Costs associated with the Bette.rmen!. 4-3.0302. DART shall not make any changes in the approved design plans of the Betterment without the prior concurrence ofthe City. 4-3.0303. In the event that temporary facilities are necessary to effect a Betterment, DART may use lands owned or controlled by the City for the purpose oferecting such temporary facilities, provided that the City shall have approved in writing the location, usage and duration of such te!Dporary facilities and restore the area as nearly practical to its original condition unless the City and DART agree in writing to some different standard 4-3.0304. DART shall notifY the City in writing at least five (5) working days prior to commencing the Betterment work so that the City may make arrangements for such inspection and record keeping as the City may desire. 4-3.0305. If reasonably possible, DART shall not exceed the schedule or the amount of money specified in each Task Order for any Betterment work without the prior approval of the City in writing. DART agrees to use its best efforts to perform the Betterment work specified in ILA-MAST: Rev: 10-7-97 PAGE 20 OF32 each Task Order within the schedule and cost specified therein. DART shall advise the City when the Betterment project is 75% complete. or no later than thirty (30) days prior to completion, whichever is earlier. 4-3.0306. DART shall provide the city necessary informaUon in order to incorporate DART's work schedule into the City's scheduling and tracking system. 4-3.0307. rfat any time DART has reason to believe that the schedule andlor cost to the City will exceed that specified in the Betterment Task Order, DART shall immediately notil}' the City in writing to that 􀁥􀁦􀁦􀁥􀁣􀁾􀀠giving its revised schedule andlor cost estimate for the work authorized in the Task Order. Subject to audit and following City approval, the City shall provide additional funding to complete the Betterment work. 4-3.0308. The City shall reimburse DART for all Direct and Indirect Costs incurred by DART to relocate faciliUes belonging to another agency or company where such facilities are jointly reconstructed with DART's conflicting facilities or where such facilities occupy the area of DART's conflicting facilities pursuant to preexisting agreements. 4-3.0309. Following final completion of the Betterment task assigned, the City shall make fmal payment to DART for any costs incurred in excess ofprevious funding received. ;5. 4-3.0310. All charges, costs and payments shall be subject to audit by the City. 4-3.04. Emergency and Regular Maintenance During Construction_ The City shall undertake reasonable efforts to schedule its Maintenance work on City Facilities and to perform such work in an expediUous manner so as not to interfere with consttuction of a DART project. In any case where a City Facility emergency failure occurs resUlting in a serious interruption in the City utility services, the City shall inform DART that access is required to DART's consttuction area or rights-of-way for the purpose of performing the necessary work or consttuction. In such cases, DART agrees th.t it will make whatever accommodations are reasonably necessary to permit the City to undertake the required work. An Regular Maintenance shan be coordinated with DART. 4-3.05. Proposed Plan Revisions; Field Changes. An proposed plan revisions or field changes.that affect or require the modification of City Facilities shan be expeditiously reviewed and approved by the City prior to commencement of the consttuction revision by DART. The City shan receive notice ofal! plan revisions which do not affect City Facilities within a reasonable period oftime. 4-3.06. Record Drawings. Whichever entity is responsible for a consttuction in City right-of-way or City property, shal! maintain a detailed set ofrecord drawings of such consttuction as performed. Within sixty (60) days after consttuction is complete, the party that performed the work shall furnish the other party with complete and accurate record drawings sh01l(ing all new, modified or replacement facilities installed by the performing party. These drawings shall consist of acceptable reproducible drawings and compatible digital files, if available. Each party shall prepare or cause to be prepared the record drawings for which it is responsible in accordance with the drafting standards of the perty responsible for Maintenance ofthe modification. The City will be allowed to review the drawings during the consttuction at appropriate DART field offices. The City shan provide record drawings for each modification ofall City-owned utilities to DART for inclusion in the total record drawing package. 4-3.07. Salvage to DART_ Where appropriate, the City may request that DART salvage valuable materials belonging to the City during the course of consttuction. Ifthe materials, as determined by the City, are to be used in a DART project, they shall be stored by DART or the City until such time as the progress of the work .I!ows the reinstallation of such materials. Materials that are not to be reused and which the City desires to reclaim shall be returned by DART to a location agreeable to DART and the City. If the materials removed by DART are not reusable and are not desired by the City, such materials shall become the property of DART. ILA-MAST: Rev: 10-7·97 PAGE 21 OF32 4-3.08. Authorizations. If, prior to DART's scheduled date of commencement of work in a section or portion ofa DART project, any modification necessary to eliminate a conflict has not been completed, the City may authorize DART to proceed with the construction of the section or portion of a DART project in accordance with DART's schedule, PROVIDED, HOWEVER, that such authorization shall not relieve DART of its obligation to complete the modification; FURTHER PROVIDED. that such authorization does not unreasonably interfere with the City's provision of services to the public, and FURTIlER PROVIDED, that the City is permitted under applicable law to grant such authorizations. The city shall not unreasonably withhold or delay its authorization under this section. §4 -ARTICLE 4. Quality Assurance and Acceptance. 44.0 I. Inspection of Construction of City Facilities. Modification of City Facilities to be maintained by the City shall be inspected and approved by the City. Likewise, the City shall have the right to inspect those sections or portions of a DART Project in which City Facilities exist or may be affected. The City shall furnish its Inspectors to observe such modification offacilities so that upon completion ofsame, the City will have a basis for acceptance of the work. All City direction affecting DART contractors shall be given through DART representatives EXCEPT when an emergency situation exists or is imminent and the DART representative is not available. The City Water Department Inspectors shall have day-to-day inspection responsibility and, through the DART representative, control, of alterations to the City's water and wastewater system facilities. City and DART representatives shall coordinate throughout the construction process. DART shall have a readily available, designated representative available on site at all times that construction activities are underway on City Facilities and accessible by telephone at all other times for emergency response. Construction and materials testing as agreed by the City and DART shall be performed by certified laboratories under contract to and paid by DART. DART agrees to furnish to City certified results ofall tests. Following site visits, DART and the City shall inform each other in writing of any deficiencies or discrepancies observed. A daily report will be maintained by each Inspector, a copy of which shall be available at ' the appropriate field office. Whenever unacceptable work on a City Facility is noted by the City, the Director of Public Works or his designee shall immediately notify DART's Senior Vice President, for Project Management or his designee to repair, replace or correct the work to conform to approved plans and specifications. DART may use whatever means are available or necessary to insure resolution of the problem, including withholding payments to its contractors under the terms of their contracts with DART. The City shall not withhold its acceptance ofthe work so long as the project was constructed in accordance with the approved plans and specifications. ' 44.02. Final Walk-Through and Acceptance. Upon completion of construction of a City Facility, City staff shall accompany DART's engineer when fmaI walk-through and preparation of the punch list is made of items not in conformance with the approved plans and specifications. Items identified by the City as not in conformance with the approved plans and specifications shall be added to the punch list at the City's request After the punch list is performed to meet specifications, and upon receipt of certification by a registered professional engineer licensed in the State of Texas that the construction performed conforms with the approved plans and specifications, and evidence of DART's right of possessioo, City shaU accept responsibility for maintenance ofany new City Facility, EXCEPT for warranty obligations 'of the contractor or correction of defective work, which shall remain the responsibility ofDART's contractors and for which DART shall obtain correction to the eKtent authorized by law. §4 -ARTICLE FIVE. Bonding, Warranty, Insurance and Design Responsibility and Liability. 4-5.0 I. Bonding. Where DART awards a construction contract in eKCeSS of $25,000.00 in City right-of-way or on City property, the contractor shall provide performance and payment bonds acceptable to the City Attorney and DARTs General Counsel in an amount equal to 100 percent of the contract price, with the City and DART named as co-obligees. The bond forms shall be substantially equivalent to the City's standard bond lLA-MAST: Rev: 10-7·97 PAGE 22 OF32 forms. All bonding shall meet the requirements of State Law with surety companies only acceptable to DART and 􀁾􀁾􀀠. 4-5.02. Warranty Requirements. DART shall require its contractors to warrant all work against defects in materials and workmanship in writing for a minimum period of one (I) year after final acceptance of the work, and shall require DARTs contractors to remedy in a timely manner any defect, or correct and repair any damage, as determined by the City to City Facilities during the warranty period that is caused by a failure of such facilities in stalled or modified by DARTs contractor. Latent defects in DARTs construction shall also be DARTs resl'0nsibility following the expiration of the express warranty period to the extent authorized by law. 4-5.03. Insurance. Any Design or construction contracts entered into by DART or the City for work in City right-off-way or on City property in connection with a DART project shall provide for insurance coverage and endorsements acceptable to the DART and City Risk Managers. Such insurance shall not be for less than those types of policies and coverages normally required by the City and DART of its consultants and contractors on similar projects and shall include notification requirements, limits and deductibles acceptable to both City and DART. Insurance meeting the following requirements is acceptable: 4-5.0301. Contractor liability insurance policies shall contain endorsements to the policies of insurance that name the City and DART as additional insureds. 4-5.0302. Any such insurance shall be primary to and not contributing with any insurance maintained by the City. 4-5.0303. Insurance coverage for construction shall include All Risk Builders Risk Insurance (including flood coverage) covering the entire work against loss or damage until completion and acceptance by the City and DART. 4-5.0304. Commercial General Liability Insurance shall be endorsed for broad form property damage, explosion, collapse and tmderground hazards and shall include independent independent contractor's liability, personal injury, premises operations, products and completed operations and contractual liability with a per occurrence amount acceptable to the City and DARTs Risk Managers. 4-5.0305. Comprehensive Automobile and Truck Liability Insurance for all owned and non-owned vehicles shali have a combined single limit per occurrence amount acceptable to the City and DARTs Risk Managers. 4-5.0306. Worker's Compensation coverage as required by, law. 4-5.0301. Professional Liability Insurance (Errors and Omissions) for Design consultants, with limits and extended discovary periods acceptable to the City and DARTs Risk Managers. 4-5.04. Design Responsibility and Liability. Approval of any DART design andlor construction document by the City shall not be deemed an assumption or acceptance ofany responsibility or liability by the City for the adequacy or competency of the designs or construction documents and all such responsibility and liability shall be and remain with DART and its consultants. Likewise, any approval of any City design andlor construction document by DART shall not be deemed an assumption or acceptance ofany responsibility or liability by DART for the adequacy or competency of the designs or construction documents and all such responsibility and liability sball be and remain with the City and its consultants. (LA-MAST: Rev: 10-7-97 PAGE 13 0F32 §4-ARTICLE 6. General Matters. 4-6.0I. Additional Contract Clauses. DART shall include in its contract technical specifications related to improvements on City right-of-way or City property such requirements as may be reasonably requested by the City to address project specific needs relating to City Facilities. In addition, DART shall include a provision whereby the DART contractor releases the City from any claim or obligation for payment under the DART contract. Likewise, the city shall include in its contract technical specifications related to improvements on DART right-of-way or DART property such requirements as may be reasonably requested by DART to addreas project specific needs relating to DART Facilities. In addition, the City shall include a provision whereby the City contractor releases DART from any claim or obligation for payment under the City Contract. 4-6.02. Access. To the extent required by law during DARTs construction activities, DART shall maintain vehicular and pedestrian access to property and buildings abutting City right-of-way. DART shall be responsible for conducting, providing and paying for the defense of any litigation in this regard and all costs, expenses, liability and damages resulting from loss of vehicular or pedestrian access as a result of DART construction shall be borne by DART. 4-6.03. Corrosion (Stray Current) Control. DARTs Designs shall be reviewed by engineers acceptable to the City who are experienced and qualified in the area of stray current control for transit syste(Os and utility lines. Final Designs shall include systems on Fixed Facilities and Fixed Guideways and on utility lines for the proper protection of existing, proposed and future utility lines, both public and private for the design life of the facility. Following completion of construction, DARTs engineers shall test and monitor on a periodic basis the transit system and selected utility systems in the vicinity of DART Facilities and operations in order to determine the effectiveness of the stray current corrosion control systems and such fmdings shall be made available to the City. Any undesirable effects observed by an expert recognized as such by the corrosion control industry, hired by DART and acceptable to the City and DART, shall be corrected at DARTs cost. Corrective action may be implemented on transit facilities, utilities or both as necessary and applicable. 4-6.04. Safety Reviews of DART Designs. Prior to fmalization of DART plans and specifications, DART shall conduct safety review and evaluation of such plans and specifications, particularly with regard to vehicle operations and electrical hazards. Such reviews and evaluations shall be undertaken by fully qualified individuals experienced with the facilities DART proposes to build. The City shall be provided with the completed evaluation reports and DART shall consider and address all recommendations therein contained in its fmal Designs. SECTION FIVE OPERATIONS AND MAINTENANCE §5 -ARTICLE 1. The "Procedures Manual". Pursuant to the Master Interloeal Agreement with the City of Dallas, standard operating procedures for the operation and maintenance of the Light Rail Transit System Were established, documented and detailed in the "TrajJidTrain Operations and Maintenance Procedures 􀁍􀁡􀁮􀁵􀁡􀀯􀀧􀁾􀀠(the "Procedures Manual") which is approved and incorporated by reference and made a part of this ILA as if copied verbatim at this point. The City and DART will, as necessary, add an Addendum to the Procedures Manual reflecting the specific operational and maintenance obligations that differ from those obligations between the City of Dallas and DART. 5-1.01. The Procedures Manual Addendum. The Procedures Manual Addendum will contain specific details addressing each of the following matters: 5-1.0101. Specific traffic signal timings for the operation ofth. traffic and train signals within the City; lLA·MAST: Red by DART and coordinated with the FLSC. Prior to start of revenue service within the City, DART will provide training and equipment to City emergency response personnel to enable confirmation that power has actually been removed. 54.0402. DART and City emergency response personnel shall work cooperatively to minimize the frequency that power is removed and emergency response vehicles are stopped on the Fixed Guideway, and to minimize any other blockage of the Fixed Guideway that may occur. These situations shall be limited to events where no other reasonable alternatives are available to enable City emergency response organizations to perform their life/safety responsibilities. lLA·MAST: Rtl1smlffil 􀁾,P. 0i,It"N...􀁾􀀠THESE ARE TRANSMITTED as checked below: o For approval o Approved as submitted o Resubmit _____ copies for approval }l(For your use o Approved as noted o Submit copies for distribution o As req uested o Returned for corrections o Return corrected prints o For review and comment 0 o FOR BIDS DUE ___________ 19,____ o PRINTS RETURNED AFTER LOAN TO US 􀁾COPY TO __________________ SIGNED: 􀁾􀁾If enclosures are not as noted, please notiO= I Dollos Areo Ropid Transit P.O. Box 660163 001105. Texos 75266·0163DART 214/749-3278 December 5, 1997 Mr. Ron Whitehead City Manager Town ofAddison P. O. Box 144 Addison, Texas 75001-0144 Re: Member City Master Interlocal Agreement (ILA) Dear Mr. Whitehead: [ 􀁾􀀬􀀠The DART Board of Directors has requested that a common set of procedures be established governing how DART and its member cities implement the rail, and other fixed rail and bus facility elements of the adopted System Plan/Service Plan. A draft set of procedures has been developed and is enclosed for you'r review. This document is being sent to all member cities. The enclosed document borrows extensively from existing agreements that DART currently· has with the City ofDallas. The new document modifies certain content and includes pro'cedures for three important functional areas in one agreement: 1. Planning and Development 2. Design and Construction 3. Operations and Maintenance In order to develop, build and operate the DART rail system and other fixed facilities in the most efficient manner, we believe that it should be done consistently from city to city. A single unified Master Interlocal Agreement can help accomplish this objective. We will be contacting your oftice to schedule a meeting in 30-45 days to discuss the proposed ILA. If you have questions in the interim, please contact Tom Ryden at (214) 749-2913. Sincerely, Roger Snoble PresidentlExecutive Director RS:TR:cas Attachment c: Board ofDirectors Nancy McKethan Darla Hill Dallas Area Rapid Transi! p.o. Box 660163 Dallas. Texas 75266-0163 DART 214/749-:1278 December 5, 1997 Mr. Ron Whitehead City Manager Town of Addison P. O. Box 144 Addison, Texas 75001-0144 Re: Member City Master Interlocal Agreement (ILA) Dear Mr. Whitehead: The DART Board of Directors has requested that a ccmmon set of procedures be established governing how DART and its member cities implement the rail, and other fixed rail and bus facility elements of the adopted System Plan/Service Plan. A draft set of procedures has been developed and is enclosed for your review. This document is being sent to all member cities. The enclosed document borrows extensively from existing agreements that DART currently· has with the City ofDallas. The new document modifies certain content and includes procedures for three important functional areas in one agreement: 1. Plarming and Development 2. Design and Construction 3. Operations and Maintenance In order to develop, build and operate the DART rail system and other fixed facilities in the most efficient manner, we believe that it should be done consistently from city to city. A single unified Master Interlocal Agreement can help accomplish this objective. We will be contacting your office to schedule a meeting in 30-45 days to discuss the proposed ILA. Ifyou have questions in the interim, please contact Tom Ryden at (214) 749-2913. Sincerely, Roger Snoble PresidentlExecutive Director RS:TR:cas Attachment c: Board ofDirectors Nancy McKethan Darla Hill