DALLAS COUNTY PURCHASING DEPARTMENT 900 Jackson Street, (Founders Square) 6th Floor, Suite 680 Dallas, Texas * 75202 DANIEL R. GARZA Purchasing Director
August 1, 2017
ADDENDUM # 3
BID NO. # 2017-054-6678
CONTRACT FOR MAJOR CAPITAL IMPROVEMENT PROGRAM NO. 10217B DENTON DRIVE FROM 470 SOUTH OF WALNUT HILL LANE TO 850 NORTH OF ROYAL LANE
WHEREAS, Supplemental Agreement has been added to the bid specifications.
Whereas, Special Specifications has been added to the bid specification
Whereas, Ballast Wall Details has been added to the bid specification
Whereas, PAGE 27 IS HEREBY REPLACED WITH PAGE 27A
Whereas, Page 28 is hereby replaced with page 28A
Whereas, Page 31 is hereby replaced with page 31A
Whereas, Page 32 is hereby replaced with page 32A
Whereas, Page 33 is hereby replaced with page 33A
Except as provided herein / above, all other specification requirements of the original solicitation referenced shall remain unchanged in and full force and effect. This addendum should be signed and returned with your Solicitation package on or before Thursday, August 17, 2017 @ 2:00 p.m. CST.
This addendum is hereby acknowledged, understood and considered in our Solicitation.
Printed Name:
Signature of Authorized Representative:
Title:
Company: 1
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Agreement Enclosed
Assistant Charles
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Memorandum
Jan Analeslie
Ramon Mildred Clifford
Jeniffer Michael Gayle Bonnie
Michael Gavino
R/
August
Mr.
Agreement: City Supplemental
adopted 90—2408,
9
M.
Hart,
is
Robert
No.
City
Miguez,
Pepper,
Secretary
Bierfeld
Meeder,
Sotelo,
one
Cox,
Marcotte,
Coker, 10,
V.
Varley,
June
1
Muncy, City
adopted
Attorney
fully
for
Keheley,
Sloan
Director,
Planning
Director,
Director,
Agreement
26,
Manager
lie
Department
Director Director,
your
City
City
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executed
Director,
July
1990)
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official
Assistant
Attorney
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You
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and
25,
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of (w/one No. (u/one
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And
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1990;
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of
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CITYOF
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DALLAS
contract)
Supplemental
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Interlocal
90—0108,
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SUPPLEMENTAL home by Interlocal pursuant 900036, and the a various connection DART facilities. of 1.1
in (DART),
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City
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—1—
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city
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DEFINITIONS
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AGREEMENT:
Statutes.
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incorporated systems stations,
of traffic Agreement: facilities
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joint
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transit commitment ef transportation reciprocal establishment
Definition forts
February mitigation
Supplemental
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development; transit
Grade designated guideway accessory drive, Complex, residential, of
facilities
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to
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system
and
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Semaration
28,
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Agreement
Terms 1990,
fixed
in lll8y,
in
of
principles
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recreational,
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(5)
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rights.
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facilities;
or - easement
associated
V.A.T.S.,
DART
City
and
The
planning
Terminal
attached
protection
review
includes:
—2—
as
or
vehicle
facilities
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physical to in (7)
Council
used
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transit
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procedures
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a
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development
Master
in
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lanes)
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crossing
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as
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fixed
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include
including
signs.
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City
transit
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and 14 1.2.8
1.2.7
1.2.6 1.2.5 1.2.4 1.2.3
planning Station connections vehicular manufactured difference easements, City Station Station business, enables Section Median/Shared clearances Off—Premise system. within Grade amenities service thoroughfare. or operation easement located.” facilities, is
alley,
“a
determines
sign Level
the
Areas patrons
or Interface - 216.002
process.
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product and displaying
in for
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passage
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The of parking, to sold should
the -
organization, or Planning
An The
Crossings not enter
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fixed land
boundaries
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—3—
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the
guideway
and outside landscaping
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(R..0.W.)
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Local
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or
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the located
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of
drive
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on
and
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allow
roadway
walkways)
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that
station
light
which
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vehicles.
public
same
as passenger
event,
for
or
or
pedestrian
of adequate
defined
pertains
station
pedestrian
transfer
rail
sites
lane(s) elevation. access
Code, the primarily
direct
any -
site,
street
and
The
place,
sign
transit
street
that
which
in
area
which
to
or
is
a and
the Section subsequent 3.2 the
in 3.1 dates maintenance vicinity efforts Cliff 2.3 2.4 rail funds; 2.2 2.1 1.2.9
the DART The For DART DART DART lines DART Technical Definition for light Service 1OA to appropriate the Financial between the commits Transportation. and commits Traffic published commits referred integration DART
amendments achieve will of rail facility purpose various the DART’s Plan” COMNITMENTS and be of Simpson line MAJOR to City that
that Impact Plan the the to Malor Policy and department of is along locate
thereto enabling will light of in above commit the the first defined this CHANGES and amended Stuart Study stations “Traffic Chanq Review design the not South REGARDING summarized the rail ARTICLE Supplemental as operational ARTICLE to
(hereinafter —4— be legislation, South — well directors as IN Road by rail transit undertake Those Oak dependent with and Impact THE all the III Oak as and assembly Cliff LIGHT II construction major SERVICE on private procedures City the corridors Cliff Ledbetter Study lines Agreement, Exhibit and
called all and RAIL Article scheduled upon
of changes plant staff West Guidelines” sector Dallas reasonable light in PLAN FACILITIES receipt A, the and “Major as Road; of and Oak 1118y, from attached rail identified “Major materials completion development. specified the Starter Department major Cliff of the Changes”). best South line as and Changes federal City hereto. System; light in Oak in in the and f DART will review proposed Major Changes and any other Service Plan amendments within the City limits. 3.3 City Council Review and Approval Consistent with State legislation, the City Council shall have the right to review and approve the addition of new fixed guideway routes. As used in this Supplemental Agreement, “the addition of a new fixed guideway route” means (1) the creation of a fixed guideway route by connecting a point currently designated on the Service Plan to a point not designated on the current DART Service Plan, (2) the shifting of a route from the route specified in the Service Plan to a new location which is more than 300 feet measured horizontally from the existing Service Plan route or less than 300 feet if the shifting moves the guideway to a street right—of—way, or (3) the creation of a fixed guideway route beginning and terminating at points not designated in the current DART Service Plan. For purposes of measurement, the Service Plan route shall be considered as filling the boundaries of any right-of-way shown as occupied (either exclusively or shared) by the DART System in the Service Plan, For example, if a railroad corridor is designated as the route in the Service Plan, the 300 foot horizontal measurement shall be measured from the nearest boundary of the railroad right-of way. Nothing in this Section 3.3 shall be construed to limit in any manner the right and obligation of the City Council to approve the addition of a fixed guideway route as required by changes in state law before same may be added to the DART Service Plan. ARTICLE IV
FIXED FACILITY SITE SELECTION AND SUBSEQUENT CITY APPROVALS
4.1 DART Responsibiljy
DART has the responsibility for selecting sites for all its facilities. The selection of sites and designation of vehicular and pedestrian entrance locations for DART’s fixed facilities within the City limits will be performed by DART with input by and in coordination with the City as required. 4.2 Alternative Development and Evaluation For each DART fixed facility to be located within the City limits, DART, in consultation with the City, will identify feasible alternative sites. For each of the alternatives, the City at its discretion will provide to DART an analysis and/or review of the impacts on existing land use and possible future land use. The City may also analyze and/or review development and traffic impacts for each alternative. After the alternatives have been narrowed down to two or three sites, and entrance locations have been proposed, the City will
provide to DART a more detailed analysis of the impacts on existing and potential land use and development. DART will then prepare and submit a traffic impact study for the preferred alternative for City review consistent with City policies and ordinances.
4.3 DART Public Involvement In the alternatives development and evaluation process, DART will conduct its established public involvement process, which consists of open meetings, briefings, public hearings and workshops with neighborhood residents, property owners, business persons and other interested groups. The number and type of public involvement
—6— 4.6 permits, State activities. accommodate review for timely preferred documentation DART 4.5 a for committees requested for development meetings 4.4 City coordination DART’s information facilities, preferred City each each DART Zoning agrees Following City DART Briefings staff enabling by manner adopted actions approval DART fixed and will the Review site by and or will the to alternative. on and impacts. the other is City. as and fixed commissions, City comply legislation plan submit tentative facility policies traffic, DART may participate necessary or such City of information staff public authorizations to facility, vary This eminent facility, with becomes supplemental concerning the prior land and will DART depending submission with information all or City or procedures in domain use, required available as DART selection to brief the —7— applicable thoroughfare this other for may the the City and required will information upon authority, review appropriate public may then alternatives DART City projected activities by Council for and submit of the be provisions potential be Board’s activities, along a selecting involvement plan by accompanied is complexity available preferred necessary City at as in zoning City or with amendments will an a under a final potential ordinance joint minimum whole, ongoing of Council fixed changes such and conform alternative for process of by the consideration selection for development to the a review. other as City’s the or and adequate request provide to or to issue. other where of Development Code and its zoning ordinances, as amended, as they pertain to the implementation of the DART Service Plan. In accordance with Section 14 of Article 1118y, V.A.T.s., final location of any DART Station or Terminal Complex shall require City Council approval as to conformance with the Dallas Development Code. 4.7 Joint Public Hearings and Exoedited Processes Joint public hearings sponsored by the DART Board and the City council will be held whenever possible. The City commits to expedite its processes where possible and both agencies agree to attempt to combine City and DART processes where overlap occurs or efficiencies can be achieved.
ARTICLE V
STATION AREA PLANNING 5.1 City Responsibility The City shall be responsible for preparing a station area plan after a station site is approved, when the need for a station area plan is determined to be appropriate by the City. Such station area planning will be performed by the City with the participation of
DART. A project team will be formed to ensure coordination between station area planning by the City and station planning by DART and to facilitate DART’s input into the station area planning process. DART will provide essential input and make recommendations about all DART related City planning efforts. The station area plans will establish land use, development guidelines, traffic plans, arid implementation proposals for each station area. The plans will also be guides against which future zoning applications will be evaluated. The plans may also be used as the basis to determine prcper zoning.
—8— 5.2 General Requirements Each station area plan will be based on an approved station site and pedestrian access points. At the beginning of the planning process, the City will indicate its information needs to DART so that DART can assist in expediting the planning process by providing essential information. 5.3 Station Area Plan Development Process The plan development process will include the following: (1) a public involvement process; (2) establishment of study area boundaries; (3) collection of data regarding existing conditions in the station area; (4) analysis of existing conditions; (5) development of goals and objectives for the station area (6) assessment of potential impacts of possible future development alternatives or guidelines; (7) formulation of recommendations; (8) public review of recommendations; (9) development of final plan recommendations; (10) public hearings; and (11) adoption of the final plan by the City at its discretion. 5.4 CBD Stations
As part of the station area planning process for CBD stations, consideration will be given to providing convenient connections to the grade—separated pedestrian walkway system at station locations. 5.5 City Public Involvement The City will conduct a public involvement process, which may include briefings and workshops involving neighborhood residents, property owners and business persons in the plan development and evaluation process. Notification of meetings will be made cOnsistefl with existing City ordinances and will include persons who participated in DART’s fixed facility site selection process. DART staff may participate in this public involvement process in order to provide DART information related to plan development. 5.6 Public Agency Briefings City staff will brief the DART Board or an appropriate Board Committee, as requested by DART, on the draft station area plan. ARTICLE VI
CITY-OWNED LAND OR FACILITIES 6.1 Ownership of Joint Use Facilities If there is occasion for City and DART joint use of facilities,
either the City or DART may acquire and own the facilities. A separate or supplemental agreement between DART and the City will be drafted and executed to address, among other things, all costs and revenues associated with the acquisition, construction, operation and maintenance of the respective facility and lands associated with the facility. 6.2 Cost of Transfer
In the event that DART requests the City to acquire real property for sole use by DART, all City expenses, including but not limited to, acquisition and relocation costs, surveys, title expenses, staff costs (including attorneys), consultants, appraisals, and costs and judgments in connection with judicial proceedings, including attorneys fees and awards, incurred in the process of acquiring the real property, shall be paid by DART.
—10— development
7.1 and
street joint
joint property
expenses, established not among after and acquiring
6.3 including
the
costs limited
Joint DART, o o o o o o In By
Air,
development
development
other
site
or
City
mutual the
for
alley
development
City cost the station staff land attorneys and impact zoning
Surface however,
selection
Development
expenses
event things: to,
for
shall
sole
real judgments
Council and ownership
agreement,
right-of-way,
each acquisition costs
on
requirements
activities
agreements use
that
interface
MUTUAL
negotiate and benefit
property,
will
public
fees
and
by proposed
project
by
(including
Subsurface the approval
Proposals
the
in
proceeds the be
and
GRANTS
DART
City sharing, connection
facilities
planning solely
and DART
ARTICLE
with
are City, the awards, shall
where
or DART/City
—11—
and
requests relocation
requirements,
OF
distribution undertaken attorneys>, on Board.
parties Rights on
all be City responsible
CROSSING
City
other
if
VII
a incurred
with paid
DART applicable case
project
joint
A
DART
involvement on
City-owned other
by costs, project
judicial
expenses,
by
City in
RIGHTS
consultants,
to
the development
in
of if
City-owned for case
teams
than
acquire
the
any,
the Right-of-Way
surveys,
City.
team
negotiating
proceedings,
basis.
process
property,
the
is joint
may
including
for
may
appropriate
real
City.
project, appraisals,
be
a
public
title
joint consider
of
its
DART
but
Where In accordance with Article lll8y, as amended, and subject to the provisions of the Master Interlocal Agreement between the parties dated February 28, 1990, DART shall have the non—exclusive right to use air, surface or subsurface areas of City public street and alley rights-of—way for the construction and operation of DART fixed guideway facilities as reflected in the approved Service Plan at no charge to DART by the City (other than reimbursement by DART of City expenses incurred in accommodating DART facilities), following design review and approval by the appropriate City departments. However, such right of use by DART shall be subordinate to the City’s rights and uses of its public street and alley rights—of-way for its own public purposes and facilities. 7.2 Air, Surface and Subsurface Rights on DART Transit Right-of-Way The City shall have the non-exclusive right to use air, surface and subsurface areas of DART right-of—way for City streets and City- owned or operated utilities at no charge to the City (other than reimbursement by the City of DART expenses incurred in accommodating City facilities), following design, review and approval by appropriate DART officials. However, such right of use by the City shall be subordinate to DART’s rights and uses of its transit rights- of-way for DART’s own public purposes and facilities. 7.3 Crossing Procedure, Utility Relocation and Maintenance Requirements At such time as either party (the “Requesting Party”) desires to use the other’s (the “Reviewing Party”) right—of-way for its own public purposes and facilities, the Requesting Party shall submit its proposal, including plan and profile sheets, to the designated official of the Reviewing Party. Each proposal shall contain
—12— relocation 7.4
at the as
utilized, and construction
and rights-of—way Reviewing time require of-way with
the Requesting sufficient operating, facilities. designing, reasonable location Party
a
indemnitees
contractor’s the
the
Reviewing
Reasonable
In
later
In
and
In relocation The
shall
shall
circumstances the
Reviewing
payment
contract the
Requesting of in
the
Party’s
date
shall
removing, time. Party information
installing,
event
event such provide the
All be contract.
contract
is Party’s
of
Exercise to
and done
of
Requesting
be
required manner
to
construction may is
the the
Party,
the operations
Upon
accommodate
and
accomplished
performance be
for
comments Party begin
in replacing,
where
Requesting
contractor
construction
rights-of—way,
shall done damage
constructing, and concurrence
more
In so a
Of
their
good
liability
shall
all work.
as detail Party’s
Rights
one
by
provide
than
and
to
work to to
—13—
the officers
a
and instances
party
bonds
bear the and
at minimize Party’s and
contractor the
facilities.
$25,000, to
Reviewing
work workmanlike
proposed and of
no maintaining
Requesting
insurance
as that
Reviewing as determine the reconstructing,
has totalling
the
maintenance cost
additional well and
on
where
facilities entire
both
superior Reviewing
interference
the
the
employees, to of use.
as
Party’s
policies. the manner Requesting the Reviewing the Party a Party’s the cost all
100% its
contractor The
within
Reviewing Requesting Requesting named
rights, extent
must
costs
Party,
facilities
within of
repairing, and
facilities, Reviewing
and
with and
shall
the
be
Party’s expense
insureds
Party the associated
at and
others’
that the
the relocated a
is
be
such
Party.
Party
Party rights-
within
shall
named parY
such of on shall act reasonably when the exercise of those rights could adversely impact the operation of facilities previously approved or existing. 7.5 RAILTRAN
With the exception of the provisions in Article V concerning station area planning within the City of Dallas, this Supplemental Agreement excludes from its provisions the City’s RAILTRAN properties and facilities, including track and right-of-way, both inside and outside of the Dallas city limits. A separate long-term agreement permitting the use of RAILTRAN properties and facilities by DART will be reviewed by the RAILTRAN Policy Committee prior to joint approval by the City Councils of Dallas and Fort Worth, and the DART Board. ARTICLE VIII RIGHT-OF-WAY PROTECTION
The City Council may adopt, by City ordinance, the DART Service Plan’s description and mapping of the fixed guideway transit system within the Dallas City limits. 8.1 Setback Requirements For the benefit and protection of the health, safety and welfare of the citizens of the City, setback requirements for the placements of structures on real property that abut or adjoin DART fixed guideway alignments may be adopted by the City. The setback requirements shall be jointly prepared by DART and City staff. Final authority for establishment of setbacks rests with the City. 8.2 Provision of Information
DART will provide any surveys and mapping needed to implement this article. 8.3 Review of New License Requests and Adjacent Development
—14— affected DART amendment, to
DART
has adjacent modify, to the subordinate purchase implementation responsibility coordinate normal comments Plan, 8.4 DART established
licenses, and from zoning
determine
Section
and/or use
in
mass
shall
Amendment, The The
the staff.
(1)
including
variances
application
the
or of
and
to
of within City
City. City
transit
abandonments,
modification
deliver When
will public
with terminate
vicinity 10
the to property
in
the the
DART
will
will and
of the
to Article
the public Modification enter
The ten surface, DART
actions
impact within
this
will right-of-way facility
11 initiate
to
City’s exercise process provide
planning,
City
of
(10)
of
license to
is
the
into
Section
right-of-way.
complete
stations IV,
or on protect Chapter an necessary building
which
working will
subsurface
City use
private with termination
reaches any area established to or
all
agreements and
design
review as DART for
—15—
are a are action
for
XIV owners or along areas legal its
Termination days permits, report jointly
a
for
a as other necessary a copies licenses,
public
of and review
temporary and DART’s
level
The of DART
rights DART’s
for identified follows:
whose
the by
of
air
issued
indicating
determined receipt
engineering
fixed
policies City plats,
said of
said
purpose,
City and
sufficient fixed
comments
rights.
property held
use, all
of
and
for
provide by private purchase. ordinance,
facilities
licenses
Charter License
guideway
of
requests
in zoning
to
the
by
the
it
and the
which
the by DART’s
identify
as
of In
City it is
City
is
for
the use the
procedures
licenses
part which
to Agreements the changes,
DART’s
a information required,
abutting
the and as corridors
proposed
DART to for
pursuant
City
amend, Service City
event
of
the
will
permit
City
private
sole
the with
and
and
or
for undertake with regard thereto. Such actions could include temporary or permanent termination, modification or amendment of such licenses. (2> Following city approval of DART’s plans regarding temporary or permanent termination, modification or amendment of licenses, the City will take those actions requested by DART; provided, however, that DART shall by prior agreement pay the City’s expenses or losses incurred in undertaking the actions. (3) In the event of litigation arising out of the adoption of an ordinance or resolution, or the cancellation or termination of an existing license by the City Council requested by DART pursuant to this section, DART agrees to defend both the City and DART, and DART shall be solely responsible for payment of all expenses, damages, attorneys fees, settlements and judgments related thereto; provided, however, that DART shall not be responsible for or indemnify the City for errors by the City or its staff in carrying out the request for DART. The City and DART agree to cooperate with one another in the defense of any such lawsuits, and no lawsuit shall be settled by the City without prior approval from DART where DART funds are liable
for any portions of the settlement. V
(4) DART agrees to indemnify and reimburse the City for any relocation costs required to be paid by the City to any licensee under the terms of or in connection with any license agreement being terminated, amended or modified.
(5) DART shall give the City sufficient advance notice in writing prior to the first required action of the City under any applicable license agreement.
(6) In the event that the City and DART are concurrently conducting projects on the same street location or vicinity, and any
—16— The following be staff Plan, right-of—way street 9.1 privileges, of not In construction between costs actions relocation City’s a license result closed the no process Evaluation be o o o o All (7) will from event and relocations City incurred staff DART of agreement proposed automobile length safety; traffic primary of or The judgments the be the costs, for or and shall both relocated, or by and and subjected provisions City benefits City, evaluating facility), but DART either and the projections; direct criteria: projects, grade the the requires and and for delay; dissipation resulting TRAFFIC and City and City defense median party or DART to level upon DART’s costs. are of each on these the thorough including be DART amendment, this to MITIGATION any not unless a ARTICLE operations —17— street obligated party’s from of crossing project. case-by—case recommend The of shall conditions person Article intended litigation such vehicle evaluation otherwise responsibility those crossings, IX responsibility modification not protected MEASURES or to litigation are (or whether to be in entity pay queues; shall basis, arising joint confer solely obligated the agreed by any street the the or include approved not or costs prior shall or for any for out grade to for street appropriate shared a termination closures, the to party the rights, in of that to be any the pay separated. Service writing. payment such benefit decided should use court hereto. would the of as of a o light rail transit delay; o changes in levels of service; o impact on area—wide signal system; o cost—effectiveness; and o mitigation measures Any modification to a City right-of-way requires City approval. In those places where a grade separation already exists, DART must continue the grade separation. 9.2 Technically Warranted Traffic Mitigation Measures Traffic mitigation measures are determined to be technically warranted when the results of the above evaluation indicate that street modifications are required in order to operate the DART rail
system and provide level of service D or better for existing or projected cross—street traffic. However, in no event shall the projected level of service drop more than one level. Such traffic mitigation measures include but are not limited to grade separations, grade level street crossings, street closures, right-of—way acquisitions, street construction, reconstruction or relocations, or modifications in median operations. In developing and implementing
its Service Plan, DART shall be responsible for funding all technically warranted traffic mitigation measures. DART agrees to design, construct and maintain all grade level street crossings and signalization to the best available standards, with minimum disruption to cross-traffic. In those circumstances where additional street or railroad right-of-way is required to implement the mitigation measures, City Council, consistent with normal procedures, will either (a> approve the new street alignment and grant to DART authority for eminent
—18— consultant selected recommendations recommendation contrary
analysis cost.
shall described recommends
accompanied will
Fiscal spent. 9.3 least domain available to staff, owners consider or
implement in
Section
approve,
(b)
In
Technically Evaluation
program
In
proceed
one
Year
within DART hold proceedings
the
the
and to described
public
grade
material
in to
shall
that
9.4,
event DART by
will
deny event 1991 a
compensated
this
construct sufficient
with
public
200
from a
on
a results
separation,
that comments
be
staff Warranted
staff to grade
or
Article City grade
DART
feet
the
in mitigation
implementation
necessary
the
a
cover modify
hearing
it
qualified this
matter
recommendations, staff recommendation. grade
of separate
finds,
basis
separation
following funds is
by
on
IX the the
Article
Grade
unable
that
the
and
the
will
finds separations
to
following
of measures
cost properties for
in for
—19—
parties. will
the independent new alignment.
implement
whether
Separations
its
be DART/City of the
at reasons
that
IX of
is
crossing. street
presented the
a replenish Financial
warrant
technically detailed designing
grade notification agreed
Where
the
the
recommendation, that
the required
The
the
other
alignment
parties concurrent consultant results
grade level
would
the upon new
a
findings
To these to
technical Plan
than
and
grade
warranted,
street
the
DART ensure
in
by
street
separation
will beginning be constructing to
of
prior this those
funds
DART DART
separation,
property
staff mutually the impacted
of
at analysis alignment;
obtain funds
crossing event,
the
described to
once and technical Board,
DART’s
DART
voting
in
is
are City
to
a
at
DART
to technically warranted. 9.4 City—Required Grade Separations In the event that the City (1) prefers that a particular crossing be grade separated where other reasonable and effective traffic mitigation measures are feasible, and (2) directs DART to build such a grade separation outside the CBD that is not recommended by DART, the City of Dallas or others shall be responsible for the net additional cost of that grade separation. 9.5 Provisions for Future Grade Separations Following completion of a particular grade crossing, should the construction of a grade—separated crossing, in the future, become necessary at that location in the judgement of the appropriate City and DART staff based on the technical considerations in Section 9.1, DART will proceed with such construction, and the funding responsibilities will be determined at the time of such construction. DART will undertake all reasonable efforts to ensure its initial crossing designs will permit and accommodate future construction of such grade separations. 9.6 Future Agreements For any mitigation measures, including but not limited to median or shared City/DART right—of-way operation, grade level street crossing, protection devices or grade separation structure, agreements that set forth the responsibilities of DART and the City may be developed by the appropriate City and DART staffs for implementation as appropriate.
ARTICLE X
SHIFTS IN VERTICAL ALIGNMENTS
Any shift in vertical alignment proposed by DART which is more
—20— than 15 feet measured vertically from the existing alignment in the DART Service Plan, and which is necessitated by considerations other than traffic, shall be evaluated to determine what mitigation measures, if any, are appropriate based on a process similar to that described in subsection 9.1. This evaluation shall include consideration of the following primary criteria: o noise o safety o drainage/floodplain o structural requirements o geometric requirements o access to adjacent properties o aesthetics/visual intrusion o cost—effectiveness o other considerations unique to the proposed vertical realignment ARTICLE XI
ENVIRONMENTAL AND SPECIAL DISTRICT COMPLIANCE
Both DART and the City will adhere to all present and future legislation and regulations enacted by the federal government, the State of Texas, and the City with respect to the environment, and special districts and sites adopted by City ordinance, such as the West End Historic District, the Arts District, and individually designated historic sites. In addition, adopted policies of the City related to land uses, historic preservation and the environment will be observed and complied with. Environmental concerns shall include, but not be limited to, physical environmental elements such as floodplains, drainage, soils, slopes, and vegetation as well as other
—21-- elements as they relate to health and safety, e.g. air, water, and noise pollution. The City supports the incorporation by DART of mitigation measures in the construction and operation of its System Plan, designed to assure that a high level of urban and natural environmental quality is maintained. ARTICLE XII OFF-PREMISE SIGNS
DART agrees to comply with all City ordinances governing signs, including requirements for the removal of non—conforming detached off-premise signs at the end of those amortization periods duly established by the City in accordance with Chapter 216 of the Texas Local Government Code, as amended. DART shall not renew any detached off—premise sign leases that expire, except on a month-by-month basis, and will undertake reasonable efforts to obtain removal of those sign structures on or before the date rail operation commences in those corridors or locations. Subsequent to the date of this Supplemental Agreement, unless otherwise waived by the City Council
on a case—by—case basis, DART will not erect new off-premise signs on
DART property in Dallas outside of station or transfer center sites, and will prohibit off—premise signs in any lease granted by DART on
DART property. The City agrees that advertising signs in all DART light rail stations and transfer centers shall be wholly exempt from the City’s sign ordinance unless those signs are designed to inform or attract the attention of persons outside the building site on which they are located. ARTICLE XIII
DART AGREEMENTS WITH OTHER GOVERNMENTAL ENTITIES
DART and the city recognize that DART may enter into similar
contractual
Supplemental
Master
full
such
In
forbearances,
amendment
to
discretion,
governmental
clause,
service
establish
interlocal
this
reflect
force All
interlocal
Interlocal
regard,
condition,
Plan.
other
shall
the and
the
agreement.
agreements
this
Agreement
entity
if
process
effect,
terms,
more
Whenever
agreement
DART
also
any,
Supplemental
Agreement
or
favorable
than
agrees
include
provisions,
which
provision
No.
and
with
for
any
contained
upon
SINGLE
1 said
review
between
other
to
accompany
shall
such
ARTICLE
—23—
the
provision;
Agreement
provide
request.
Master
more
obligations,
AGREEMENT
and
interlocal
governmental
conditions,
be
herein,
the
XIV
favorable
construed
implementation
said
Interlocal
the
City
shall
provided,
more
City
then
agreement
and
and
responsibilities
be
entities
to
together
with
favorable
at
DART
amended
Agreement
obligations
another
however,
the
of
a
shall
includes
copy
City’s
the
in
as
and
provision.
order
a
DART and
remain
of
that
modified
single
of
any
or
any
this
to
the
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:3 __ EXHIBIT A 90 - 0 WHEREAS,on October 11, 1989, City Council adopted Resolution No. 89-3272, which approved the Dallas Area Rapid Transit (DART) System Plan subject to certain conditions being met; and
WHEREAS,one of those conditions was that an Interlocal Agreement be entered into between the City and DART; and
WHEREAS,a Master Interlocal Agreement has been negotiated which incorporates the intent of the provisions of City Council Resolution 89-3272, establishes a basis for a cooperative working relationship between the two agencies, and addresses, among other matters, methods of compensation for reimbursement of services; and
WHEREAS,DARThas committed in the attached letters from Marvin H. Lane, Jr., DARTBoard Chairman, and Charles S. Anderson, DART Executive Director, that the South Oak Cliff and West Oak Cliff light rail transit lines will be the first operational lines in the Starter System, with the South Oak Cliff light rail transit line being constructed regardless of the receipt of federal funds, and additionally that the rail assembly plant and major maintenance facility will be built along the South Oak Cliff line in the vicinity between Ledbetter and Simpson Stuart Road; and
WHEREAS,the above commitments and all other routes currently listed in DART’s Financial Plan Light Rail Transit and Construction Schedule (see Attachments II and III) shall be incorporated in a subsequent Planning and Development interlocal agreement between DARTand the City; and
WHEREAS,on February 14, 1990, the Dallas City Council passed a resolution endorsing the South Oak Cliff rail line as the first operating segment of the DARTrail system; Now, Therefore,
BE IT RESOLVEDBY THE CITY COUNCILOF THE CITY OF DALLAS:
SECTION 1. That the City Manager be and is hereby authorized to execute the Master Interlocal Agreement with DART, setting out general provisions and interagency relationships regarding the approved DARTSystem Plan and Service Plan, following approval as to form by the City Attorney. SECTION 2. That the provisions of this Resolution and the Master interlocal Agreement shall control if in conflict with the provisions of City Council Resolution 89-3272.
SECTION 3. That this Resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. APPROVEDBY CiTYCOUNCIL
FEB 28 19O
A c “0 —— 0vC0___—————— — — - . / ‘j’ — * CItj Sc3fy
DART
Chairman,
Marvin
Best
Please
tranSIt
Design
October
transit
revenue Avenue
System.
transit
you
Per
Dear
Dallas,
City Co
The
1500 card
-
nds.
ebruary
un
Board
that your
regards,
Honcrable
ol
Jerry:
Marilla
of
of
M.
iran
call
and
and
More
line
1996. line
ervice
lines
TX
Dallas
Directors
Specifically,
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request
Lane,
28,
o
construction
the
75201
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me
will
irportantly,
fror
South
Directors
Toxo
Ar
Street
1990
will
Jerry
at
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Jr.
Avenue
in
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75222
of
995-03213
riot
Illinois
on
January
be
Oak
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earlier
Bartos
Trar
April
be
the
the
cliff
of
Cliff
dependent
a
firt
the
Ave.nue
South
1995.
if
12,
resolution
this
and
line
you
South
1988,
operational
Oak
We-st rorriing
to The
have
upon
to
Oak
Led.better
Cliff
confirms
South
Westoreland
OaM
aDproved
any
the
Cliff
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cuff
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am
cuestions.
receipt
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lines
pleased
this
light
will
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to
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in
the
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Illinois
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be
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the
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rail to
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open
be
Starter
advise
in rail North Stemmons Stemmons North South Stemmons Northeast South Southeast Corridor North West. North South
Oak
Central Oak Central
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COD
(Hall
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Cliff
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(Mockingbird
to
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(West
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(to
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Dr. Northwest
•to
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SCHEDULE
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US US
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Ledbetter) LIGHT
Stuart)
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Pkwy)
View)
RAIL
T.C.)
TRANSIT
Start
2000
2004 2000 1990 2006 2006 1997 1990 1990
1996 2006
Oct
July Jan
2000
2000 2004 2004 2007
2009 2008
2009
900810
‘95
‘96
‘95 j’JuoIu
DaUa Aroa Papid Transit U)i PaciliC Avenue o,nT Dallas, Texas 75202 / 2141748-3278
February 27, 1990
The Honorable Al Lipscornb Councilman City of Dallas 1500 Manila St. Room 5-E North Dallas, TX 75201 Dear Al: I appreciated our conversation last Friday afternoon regard ing the proposed Intenlocal Agreement between the City of Dallas and DART. As promised, I want to assure you of sev eral important issues about which you remain concerned: 1. The South Oak Cliff and West Oak Cliff light rail tran sit lines will be the first operational lines in the Starter System. Specifically, the South Oak Cliff line to Illinois Avenue and the West Oak Cliff line to Westmoreland will be in revenue service in January 1995. The South Oak Cliff light rail transit line from Illi nois Avenue to Ledbetter will be open October 1996. See attached schedule for other components of the 66 mile light rail transit system. 2. Design and construction of the South Oak Cliff light rail transit line will not be dependent upon the receipt of federal funds. More importantly, a resolution :approved by the Board of Directors on April 12, 1988, confirms this commitment. 3. The Rail Assembly Plant and Major Maintenance Facility will be built along the South Oak Cliff line in the vi cinity between Ledbetter and Simpson Stuart Road. More importantly, a resolution approved by the Board of Di rectors on May 10, 1988, confirms this commitment. I believe the above commitments address your concerns. If they do not, or if you have additional questions, please call me. We truly need your support now to approve the Interlocal 900810 The Honorable Al Lipscomb Page 2 -
Agreement o that we can move ahead aggressively with the de sign and construction of the Starter System and commence to provide rail service and the creation of jobs for the South Oak Cliff area. Per
CharThs S. Anderson Executive Director
• End. CSA: dh
c: DART Board of Directors Dallas City Council Richard Knight, Jr. Jan Hart —C1iff Kehe]ey Db.RT
TO: SUBJECT: Attached
a Charles
CSA:dh light Executive
Councilman
P.S.
sent
part
the
rail
ji
DtIas Da1io. 214174&3278
S.
same
Pacific is
Director
Anderson transit.
Wells’
LeCounci1
Jan Are-a
Construction Texas
the
information
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Pap4d
752fl
Hart
construction
office
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Resolution
You
Schedule
has
may
to
made
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want
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on
this
to
the
Bankston.
consider
request
Interlocal
for
February
the
this
also,
66
Agreement.
miles
to
27,
and
become
900810
we 1990
of
have Corridor West South North
North South Northeast North
Southeast
Stemmons Stemmons South
Stemmons North
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Oak
Central Oak Central
Central
Oak
Central
COD
(Hall
(Ledbetter
Cliff
(COD (Northwest
(Denton Cliff
Cliff
Dallas/Pleasant (Hockingbird
Cliff
to
FINANCIAL
(East
(West Street (Park
to
(Arapaho Park (to
(COD
(Illinois
Northwest
Dr.
Westmoreland)
to
Lane) side side
Lane
Hwy
to
to
to
Simpson
to
PLAN
to Illinois)
Buckner)
to
O’Connor)
of of
to
N. to
Grove
SCHEOULE
Plano
Highway)
Valley
US US
Arapaho)
LIGHT
Garland Ledbetter)
Stuart)
75, 75)
Pkwy)
View)
RAIL
T.C.)
TRANSIT
Start
1990
1990
1990
1996 2000 1997
2000 2004
2006 2006
2006
pjpjte
Jan
Oct July
2000 2000
2004
2004 2007
2008 2009
2009
900810
‘95
‘96
‘95 *M
Agreement WHEREAS,
development
WHEREAS, maintenance WHEREAS, of Plan, the
Therefore, be SECTION referenced light Transportation BE Supplemental including SECTION passage and setting
and
negotiated activities
IT
HEAD
cooperative
it
development
incorporates
RESOLVED
rail
OF
is
out 2.
1. in
D€PAMTi4ENT
the
Supplemental
on
with
commitments accordingly
accordance in
That
transit
general
of
Master
That
facility,
February
Agreement
City
between to
a
BY
System,
DART
working
this
public
address
the
THE
issues
Council
the
Interlocal
provisions
lines,
(Resolution
Resolution
City
Agreement
with
the CITY
so
regarding
conditions
28,
and
following
No.
transportation
relationships
specific
resolved.
City
associated
Resolution
Manager
CITY
the
the COUNCIL
1990, the
1
APPROVED
Agreement
JUL
and
croA
provisions
and
City No.
location
to
shall light
No.
construction
COUNCIL approval
of
City
issues
SicreWy
25
interagency be
the
DART;
OF
1
approval
o addresses
No.
take
and
90-0810)
1990
THE with
rail between
FINACE
system; Master
states
Council
BY
of
necessary
and 90-0810
of
is
CITY
as
effect
transit
the
the
the
hereby
to
of
of
that
DART relationships
Interlocal
Planning
and
OF
rail
approved
which
form
the
Charter
dated
the
immediately
implementation
DALLAS:
supplemental
for
and
authorized
construction
System
South
by
assembly
accepts
February
the
COUNCIL
and
the
the
of
Agreement
a
expeditious
Plan,
Development
and
the
City
City Master
regarding
fromand
)
plant
the
cji
CHAMBER
to
agreements
City
West
28,
July
regarding
and
Attorney.
of
MANAGER
schedule,
execute
DART
1990;
with
Interlocal
of
Oak
and
describes
the
after
11,
planning
9
conduct
issues,
Dallas,
System
major
Cliff
0 DART,
1990 will
Now,
this
DART
the
its
2
as
4
0
8 !)flr) 1
RESOLUTION RESOLUT ‘I D&i Arec Papd Transit of the
DALLAS AREA RAPID TRANSIT BOARD (Executive Committee) Supplemental Interlocal Agreement With the City of Dallas on Planning and Development
WHEREAS, on June 27, 1989, the Board approved the Transit system Plan; and WHEREAS, on July 25, 1989, the Board adopted the Work Program for Implementing the Starter System as the first step in advancing the Transit System Plan; and WHEREAS, authorization to commence procurement actions to allow initiation of the Work Program within any of DART’s member jurisdictions was predicated upon a member jurisdiction approving the Transit System Plan and indicating its intent to enter into an Iriterlocal Agreement with DART to allow implementation of the Plan within that jurisdiction; and WHEREAS, on October 11, 1989, the Dallas city Council approved the Transit system Plan subject to certain conditions governing the construction and operation of a CBD Transitway Mall and a future CBD subway, with such conditions to be included in an Interlocal Agreement between DART and the City.
NOW, THEREFORE, BE IT RESOLVED by the Dallas Area Rapid Transit Board of Directors that the Executive Director or his designee is authorized to enter into a Supplemental Interlocal Agreement with the city of Dallas covering planning and development issues.
Don Raines Marvin H. Lane, J secretary Chairman
A06-515A.Doc 06/26/1990/dls ø’0 0 ,JI c,u1 til
‘3, C!) 00 QO 0
CI) 0
0 rt t’1 CD Cf)
C4
(t
U,
D
OFFICIAL January
95-0223
Addendum
The
Councilmember Motion the Councilmember it After Motion
Councilmember After declared
OFFICE
is -- --
resolution
following
brought
discussion
further
Association George Doug
II,
seconded
seconded
the
OF
ACTION
addition
1995
back
motion
Ralston,
THE
to
discussion individuals
Reynolds,
Wells
Box
the Hicks
Councilmember
by
by to
CITY
9: city the
unanimously
Deputy OF
Councilmember
moved
2417
moved
withdrew
city
THE
council
A
SECRETARY Agreement construction, permit DART Mayor of repealing
by including
addressed
2911
Fabens
the
council to
Mayor
DART resolution
to
DALLAS
approve
revenue
the
postpone
transportation
Turtle
Bartlett his
Wells
property
adopted.
the
Rd.,
the
continued Pro
the for
second
No.
Hicks.
requirement
previous
the
action. withdrew Tern received
representing city in
Creek
authorizing
CITY
called
consideration
(Mayor
1
resolution.
accordance
and
to
to council
Mayes.
maintenance
the
COUNCIL
committee
Blvd., the
the
conditions
from
their
his
Bartlett
motion
that
CityIDART
vote regarding
Ralston
a
motion
these
representing
DART
relocation
of Second
with
on
to
for
and
of the
signs of
postpone.
Councilmember
to
Outdoor
existing,
review
dedicate applicable
resolution the Resolution
Councilmember
postpone.
Master
Amendment
to
resolution:
if
the
Dallas
CITY
and
Advertising
legal
required
between
repair
Interlocal
for
recommendation
94-2038 City
OF
off-premises Outdoor
60
of Box’s
DALLAS,
to
Box)
25
days,
ordinances,
by streets
Agreement and
Co.
Supplemental
in
motion,
transit
Advertising
and
the
50
damaged
signs
percent TEXAS
regard,
to
before
refer
line
and then
on
to ______
COUNCIL CHAMBER 95f).) January 11, 1995
WHEREAS, on February 28, 1990, the City Council by Resolution No. 90-08 10 approved a Master Interlocal Agreement with Dallas Area Rapid Transit (“DART”), which accepted the DART System Plan, incorporated the conditions of approval of the System Plan, and described the cooperative working relationships between the City and DART regarding the development of a public transportation system: and
WHEREAS, the Master Interlocal Agreement states that supplemental agreements will be negotiated to address specific interagency issues; and
WHEREAS, on July 25, 1990, the City Council by Resolution No. 90-2408 approved Supplemental Agreement No. 1 to City/DART Master Interlocal Agreement: Planning and Development (“Supplemental Agreement No. 1”), which addressed planning and development of the DART transportation system, including scheduled completion dates, planning and location of transit facilities and fixed guideway systems, station area planning, joint development, protection of right-of-way, traffic mitigation measures, and off-premise signs; and
WI-IEREAS,on August 1, 1994, pursuant to Resolution 94-2037, passed by the City Council on May 25, 1994, the City and DART executed an Amendment to Supplemental Agreement No. 1, concerning the substitution of the electronic shop facility for the rail assembly plant/major maintenance facility in the vicinity of South Lancaster Road and LBJ Freeway, and the establishment of the bus turnout criteria for Lancater Road; and
WHEREAS, Article XII of Supplemental Agreement No. 1 requires DART to undertake reasonable efforts to obtain removal of off-premise signs on DART property in a rail corridor before rail operation commences in those corridors, and prohibits DART from erecting new off- premise signs in those locations without City Council approval; and
WHEREAS, these signs provide leaserevenues to DART, tax revenues to the City and DART, and opportunities to promote area businesses; and
WHEREAS, on May 25, 1994, the City Council by Resolution No. 94-2038 recognized the need to continue the positive economic impact on the City arising from revenues and jobs generated by these signs, directed City staff and the City Plan Commission to perform analyses, evaluate alternatives, and prepare recommendations to amend the City’s sign regulations to allow the relocation of existing legal off-premise signs on DART property as a result of the construction of light rail transit lines, and authorized the City Manager to sign a second
amendment to Supplemental Agreement No. 1 to allow the continued maintenance of these signs on DART property and their relocation during the construction of light rail transit lines if: (a) the relocated signs are erected along the same segment from which they are removed, (b) DART dedicates between 25 and 50 percent of the revenue received from these signs to the repair of streets damaged by DART buses, and (c) the other municipalities that are members of DART are also provided the opportunity to share revenue generated from the off-:remlse signs on DART Property within their municipal limits: and
APPROVED — — APPROVED APPROVED — — —4EADQF DEPART ME. TECTOR OF F NANCE MANFOER COUNCIL CHAMBER950223
\VHEREAS on June 22, 1994, the City Council by Ordinance No. 22113 amended the City’s sign regulations to allow the relocation of nonconforming signs within railroad right-of- way if: (1) the construction of a light rail transit line requires the removal of the sign, (2) the sign is relocated as close as possible to its original location, (3) the same sign supports are used at the new location, (4) no new sign supports that are more than five feet above grade secure the sign, and (5) the degree of nonconformity of the sign is not increased at its new location; and
\VHEREAS, it is now recommended that the conditions under which the City Manager was authorized to sign the second amendment to Supplemental Agreement No. i should be revised, and that conditions (b) and (c) be withdrawn; Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALL4S:
SECTION 1. That the City Manager, upon approval as to form by the City Attorney, is hereby authorized to execute a Second Amendment to Supplemental Agreement No. 1 to City/DART Master Interlocal Agreement: Planning and Development, amending Article XII to permit:
(a) the continued maintenance of existing, legal off-premise signs on DART property in accordance with all applicable City ordinances, as amended; and
(b) the ielocation of existing, legal off-premise signs on DART property, in accordance with all applicable City ordinances, as amended, within the same project area from which they were removed, if their removal was required by the construction of a light rail transit line.
SECTION 2. That nothing contained in this resolution shall be deemed to impair, release, or waive any rights or claims the City may have with regard to damages caused by DART to City streets or rights-of-way.
SECTION 3. That Section 1 of Resolution No. 94-2038, adopted on May 25, 1994, containing the previous conditions under which the City Manager was authorized to si the second amendment to Supplemental Agreement No. 1. is hereby repealed.
SECTION 4. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the PRROEOi€ity of Dallas, and it is accordingly so resolved, CITYCOUNCIL
JAN 11 1995
CitySecretary
APPROVED _____—.———— APPROVED APPROVED ___— MANAC,ER — OF F NANCE ‘EA.) OF DECiOP THE
revenues COIJNTY erecting reasonable Lancaster corridor Lancaster protection transportation construction Commissioj City transit to continued amend recognized. facility (“Supp. AREA signs Supplemental the Resolution segment authorized of buses,
CITY/DART
the
City
and STATE
on
SECOND
WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS,
and
facilities
revenue
RAPID
the
for
new
before
frorri
DART,
No, Council
DART
-undj,bsgenerated
OF Road Road;
maintenance of
(C)
City’s the
No. efforts
the
the
TO
OF of
right-of-way,
off-premise to
DALLAS
which
the system, 1”)
TRANSIT, Agreement .City iie,d
light
rail
eorm
rail 900108;
received
TEXAS
and and
CITY/DART
MASTER
proèrty and and AMENDMENT
on
sini’egulations
other
to
pursuant
assembly
operation
on
on
Manager
these
Supp. rail on
LBJ
fixed
to
they opportunities
Article
May
obtain
including
August
July
continue
df
May municipalities
analyses,
transit
and
PLANNING
signs
from
Freeway,
are
these signs
as (“DART”),
traffic
guideway
) 25, ) )
No. No.
INTERLOCAL
25.
removal
a
to
25,
removed,
plant/major to
commences
XII
in
MASTER
these lines by
result 1994,
1,
signs 1
1,
provide
1990.
sign
City
the
mitigation
those
scheduled
evaluate
1994, 1994,
TO
addressed
tO these
to concerning
of
and
if:
positive
systems,
signs promote
a
the
of of
allow on executed
AND
SUPPLEMENTAL
Council
that
the
locations
Supp.
(a)
second
(b) the
pursuant
the
the off-premise
DART lease
signs,
City’
INTERLOCAL
maintenance
in
the alternatives,
CITY
are
to DART
1 measures,
establishment
AGREEMENT:
completion
DEVELOPMENT
the
City construction
those planning
economic
relocated area
the
station
No. members revenues
and
SUPPLEMENTAL
amendment
the
relocation
directed Resolution
without
property
OF
to
Council
repair
dedicates
businesses;
corridors,
DART
substitution
Resolution
1
signs DALLAS,
area
and
requires and
and
impact
facility
signs
dates,
City
of
to
of
and
City
of
off-premise
of
planning,
of AGREEMENT: AGREEMENT
by
on executed
DART
DART, prepare
to development
streets
Planning
No.
between
light the
Council
and
are
existing
their
Supp.
Resolution DART
planning
and
staff
on
No. in
(“City”)
of
bus
DART
erected
prohibits
90-2408
AGREEMENT rail the
the
are
relocation
damaged recommendations
the
tax
94-2037,
joint
and
No. turnout
an
approval;
25
and signs;
property
City
legal vicinity
also
transit
revenues
electronic
and
Amendment
along
and
the
and
1
to of
development,
Development
No.
provided
arising DART
NO.
to
and
off-premise
and
location
the
criteria
50
undertake
during
by
City’
passed lines,
DALLAS
allow
5O223
of
the
94-2039
and
in
percent
1
DART DART
DART
to
South
NO.
a
same
from from
shop
Plan
and
rail
the the the
the
for
by
of
to to
1 THEREFORE, respectively, requirements (3) opportunity policy Development railroad Development, Resolution authorized of removal will periods Agreement adopted Agreement the within are property. outside Agreement, Government and are transfer which
the
more
the
designed
the City’s
not
sign
they
The DART WHEREAS, WHEREAS, WHEREAS, their WHEREAS,
of 1.
same
of
duly
following
centers
erect
a
right-of-way of
than
both
sign
station
The
is
are
sign
parties the
municipal
Nos.
unless
the
to
established
No No.
not ARTICLE
or sign
for
to
with
and
Code,
five as
agrees
located. the policy
share
sign,
shall
City
allow
inform
regulations previously
City
increased
the
94-2037
or
1.
is
supports
DART 1
feet City
otherwise
conditions
hereto
the
on on
on
substituted
transfer
(2)
be agrees removal
to revenue
to
as
which
limits;
to
the
if:
Manager
above
January June
October
City DART
Council
wholly
or
the
by XII
City/DART City/DART
comply
amended.
(1) erection
Resolution
agree
and
attract at
the are amended,
sign
that
is
and
and
center
22,
waived of
to
its grade
of
(b) generated
the OFF-PREMISE within
may
exempt
City
used
95-0233,
therefore:
Supp.
11,
25,
and
allow new
non-conforming
DART is
1994,
advertising to
to
and
with “ARTICLE
the
of
construction
relocated
sites,
continue secure
1995, the
in
1994,
by sign the
at
new
location;
(c) concerning
Subsequent that
attention
No.
No. Master Master
accordance
from
all the
the
the
the
following
desire
DART from
withdrawn;
and
off-premise dated
of
the
the
the in city
1,
2
City
City
new relocation
940299
the
to
the
as
signs
will Resolution
as
City the
XII sign,
and
Second
to
maintain
SIGNS
Interlocal
Interlocal
ordinances
close
of
Board
Council of May
City’s Council
location,
previously City;
off-premise
signs
amend
off-premise
prohibit
persons with regarding
to
in Council a
and ,
and
light
as
signs
25,
dated
and all
the
in of
sign
at
(5) Amendment Chapter
possible
existing.
on
Supp. by No.
accordance DART
(4)
the nonconforming
1994
off-premises
date
rail
Agreement:
Agreement:
outside on
the
governing
ordinance
a
amended,
by
Ordinance
October
signs
case-by-case
changes
no
940299
end
signs
DART
degree
Resolution
transit
No.
and
216
of
new
to
legal
light
of
in
the
its
1
this
on
January
of
those
the
with
25, property
sign to
to unless the
of
is
line
off-premise
to
original
rail
signs,
building
the 22113
DART
signs
reflect
rail
hereby
nonconformity Planning
Planning
Supplemental
Supplemental
O223
Supplemental
DART
1994;
City
basis,
signs supports No.
amortization
Texas stations
requires
corridor.
those
on
11.
including
in
amended
location,
property
95-0223
the
Council
deleted
site
DART
DART
NOW,
Dallas
within
Board
Local
1995,
signs signs
sign
and
and
and
that
the
on ‘O yROGER By: APPROVED B DALLAS the Amendment line.” on as Supplemental all and were may Office Printed President/Executive a applicable DART Master single confirmed also removed, Executed 2. of relocate Name: AREA property SNOBLE contractual Interlocal DART to AS Except City Agreement Supplemental if in TO this3Dthday RAPID Roland existing, their General ordinances, all in FORM: as Agreement, Director respects agreement. accordance removal specifically TRANSIT Castaneda No. legal Counsel of Agreement as 1, March, and off-premise was Supp. amended, as with otherwise set remains required 1995. No. forth all No. By: applicable 3 within signs 1, 1, in in supplemented, as by JOHN By: SAM APPROVED CITY Supp. section full previously on the Printed the Assistant Assistant DART force A. OF No. construction same City L. LINDSAY, 1 WARE, DALLAS Prir’ted Name: of 1, ordinances, and project property, City City AS as amended, this shall
/ previously effect, TO Name: Manager Attorney Second City be area of anis FORM: City in
950223 construed Manager a is and as from accordance light Attorney Everhart Amendment hereby amended, amended, this which rail together Second ratified ansit with they and and to OFFICIAL
94-2496
Item The A regulating (The would legal
June22, commission, when Councilmember Assigned Motion had Later Motion motion place
cco6fl.. During
OFFICE
public --
voted
following
93:
w,t, non-premise
city
in
the
vote
require
Michael
discussion,
concerning
seconded
seconded
the
1994
hearing
OF
item
ORDINANCE
plan with
private
taken) Public
ACTION
meeting
THE
and
the
individuals
on
the
commission
Toby,
Box
pass was
the
by signs
removal Hearing
by signs
CITY
Councilmember
majority
the
Councilmember
Councilmember
agenda
OF
called
Councilmember
the
moved
3700
amendment
near
in
NO.22113.
SECRETARY
THE
ordinance.
addressed the -
of
DEVELOPMENT
on E.
a
to
recommended
for
the
proposed
DART
to
DALLAS
Randol
consider
the
the
signs,
close
motion.
Wells to
August
Wells
the
Rail
Haistead.
the
Luna Mill
light and
the
an
city
CITY
withdrew
Dallas
right-of-way.)
moved
amendment
an approval public Rd.,
10,
rail
and
council
ordinance
CODE
COUNCIL
1994,
transit
Arlington,
Development
unanimously
to
hearing,
his
reconsider
regarding
of
city
AMENDMENT
line
motion
to
an
implementing
the council
to
represent
amendment
accept
be
Dallas
adoted.
Code.
to
the
the
relocated
reconsider,
meeting
amendment:
previous
the
Development
Patrick
Councilmember
the
recommendation
to
(Hicks
when
for the
proposal.
vote
Media
but
CITY
reconsideration.
Dallas
the
absent;
on
asked
Code
OF construction
Group Councilmember
Development
Wells
the
DALLAS.
McDaniel
to
of
city
allow
the
stated
manager
of
city
existing
TEXAS
the
that
absent
Box’s
Code
plan
line
he
to APPROVED
WHEREAS,
which
WHEREAS, City approved ______the WHEREAS, activities Cliff will Agreement WHEREAS, issues, WHEREAS, maintenance corridor new and undertake WHEREAS, positive Section these No. Attorney, BE maintenance
a. DART
b.
IT
System
be
DART,
and
1
off-premise
light
signs;
RESOLVED
to accepted
the removed;
DART street streets from
property
including
negotiated
1.
economic
before
DART
between
City/DART
OEPAP4E%
a
relocated
is efforts
rail
Plan,
and
No. Master
off-premise
Now,
the
these
it the on
damage
That facility,
hereby
Article
of
dedicates
damaged
has
regarding
rail
the transit
opportunities
February
daring
Master
signs City 1
existing
and
to commitments
the
BY
Therefore, to
signs
the
impact
on
become
Interlocal
DART
operation
signs
obtain
authorized address
and
being
THE
City
Master XII Council described
July
in
City
the lines,
signs
Interlocal
no
provide
by
those
the
legal
are
the
CITY on
APPROVED
and
28,
of
System
in removal
25,
necessary construction
less
DART Manager,
specific
light
erected in Interlocal
the accordance
development
to Agreement
that the
commences
1990,
by
DART;
locations;
1990,
off-premise
regarding
CdUNCIL
DART’s
the
than
to promote ______
lease
City
D
Resolution
Agreement location rail
Plan,
RECTD
buses,
sign
supplemental
of
cooperative
the
issues
which along
25% to
and
arising off-premise transit
revenues following
Agreement
of
incorporated right-of-way
revise an
and
City with
area
FINANCE
with
construction
with
there
OF
light
and
of
the
necessary
of
signs
amendment
addressed
construction
a
No.
from
previously THE
businesses; Council states
the
av
same
Article
public Dallas
up
rail
determination
to
and working
approval
and
signs 90-2408
CITY rail agreement
DART,
to
25,
that revenues
transit
segment
that
prohibits
within
for
the
50%
transportation
Area
relocation
XII
by
of
plarming
assembly
1994
on would
OF
to
the
agreed
relationships
supplemental
conditions
and
APPROVED
the
schedule;
COUNCIL
tax
lines in
approved
Resolution
of
as
DART
Supplement
DALLAS:
Rapid
the
expeditious
and
order
from
South
the
to revenues
DART
of
requires
allow
if: City ______
upon
and
jobs
form
of
plant
property
responsibility
revenue
CHAMBER
Transit
which
to
and
sytem;
these and
of
to ‘,
Supplemental
the
from
criteria;
development
generated
MA.AGEP
continue No.
between
by
the
approval
agreements
to
Agreement and
conduct
West
DART
continued
they
signs
the
(DART), the
repair
received
erecting
in
90-0810
and
9’2O3S
major
and
a
were
City
Oak
City
rail
the
the
for by
on
of of
to
of
sup
..30055 APPROVED
c. Section
The Section regulations to agenda amendments, recommendations Section caused property is passage release,
accordingly -EAC
amendments
perform
opportunity
property the
by C’
of
2. 3.
4.
in
or
as
DART
the
other
accordance
waive
so
That
That That a
Council
so if
as
result
within
appropriate
any,
municipalities
to
resolved.
to
the
necessary nothing any
as this
City
to
allow
to
are
City
of
with
meeting
share
rights
Resolution
their
what streets
the
made,
the
APPROVED
contained
staff
the
municipal
to
revenue
or
relocation construction amendments,
or
analyses,
on
provisions
implement
and
claims that
staff
______
rights-of-way. OIflCtQ*
June
shall
the
are
in
is
generated
22,
limits.
the 9
of
this take
City
directed
members
of
1994.
evaluate existing
this of
if
City
Resolution
the
Plan
effect
any,
light
resolution
may
from Charter
to
Commission
should
legal of
immediately
rail
enforce
have
alternatives,
DART
off-premise
:HYCO1JNCIL
shall
off-premise
of
transit
aflRO
be
shall
COUNCIL
.ir?ROVED
with
the
MAY.
Cit,
the
made
are
be
VEt
City
also
Secreaiy
be
25
existing lines.
deemed
regard
from
also
CHAMBBR
to signs .y included
of
signs
hereby
19%
and
the
BY
provided
Dallas,
and
to
Until
ordinance.
on
City’s
to
on
damages
directed
after
prepare
impair, 9&2039
on
DART
DART
and
such
sign
the the
its
it
1uP4Nu* An
CODE,”
signs nonconforming Dallas
providing removed date.
CHAPTER Signs,”
Code, “SEC. effect article,
comply following It
maintained modified
is
ordinance
a
and
at
BE SECTION
as City
(a) 51A-7.702.
(b)
defense
are of
with of
the to
If a
amended,
IT
exptio& Division
the
references
51A,
[in
construct illegal
Code, saving
and
ORDAINED the
time
amending Signs
All
aceordance
Dallas
sign
that
provisions “PART
to
signs
the
1.
signs
51A-7.700,
as
clause;
prosecution
erected
REMOVAL
is
do
within
sign a
City
That
amended;
amended
to
that
light
II
not
CHAPTER
if
ORDINANCE
BY
OF
the
a
was
Code,
with
of
providing
Section
conform
a
without
permit were
THE
rail
THE
this
defunct
railroad “Non-Conformance,”
erected.
OF the
transit
under
to
as
CITY removing
article
legally
DALLAS
was
CERTAIN
read
procedure&
51A,
a
51A-7.702, amended,
to
a
permit,
NO.
Municipal
the COUNCIL right-of-way
this
severability
line;
required
so It as
“PART
erected
shall
provisions ______
that follows:
DEVELOPMENT
redundant subsection
providing
22113
either NON-CONFORMING
by
&peciñed
be
a
“Removal
II
for
OF
permit
Board
pursuant
amending
OF
unlawful
of
clause; prior
to
its
THE
of
Article
a THE
be
exemptions
erection
if
this
penalty
may
to on in
the
CITY
relocated
6-22-94 Section of
or
to
to and DALLAS
article
Sign
Section
VII,
CODE,”
be
maintain after sign
Certain
a
OF
according
not
providing
issued.
valid
“Sign
Control;
SIGNS. must
the has DALLAS: 51A-.7O6,
to
to
when
51A-7.702 DEVELOPMENT
of
permit
amortization
exceed
Regulations,” Nonconforming
adoption any
been the
be
an to
allowing
it
removed illegal
Dallas
the
942496
or must effective
made
$2,000;
with
of
of legally
law
sign.
City
the
this
be the
of
of to a or
in Greation
dates. ten4ed
la’.. from 7.3O6-maemain
made before than
does pole, repair location, increase Tegally sign. of modified
with
relocated
any
the
60 the
not metal,
and a (c)
January ifi (d) non-conforming (e)
erected
of
above
non-conforming
percent
the unless
for
in
include
requirements
within
the
amortization
accordance
only 2-)-- and (1)
structure
-‘1)
No
The
Reserved A fl
L1 L1 L4.
CBD
pursuant conformity
1,
that
nonconforming
that
person
wood
of se—lon---a€
building
1990.
maintenance
in
A The
All
the the the the
the Freeway
no
right-of-way
p4ac
sign
of
detached
sign non-conforming
are
[All conformity
new
sign: with same sign of
construction may
cost to the
periods
sign
is
provisions
official
a
Division
each as
signs
compensation non-conforming brought
the
is
sign val-id
repair
bies44e4hs
of
Loop
sign
to
where
relocated
or
sign erecting
procedures
the
an 22113 if: non-pcemieo
were
shall
-in
sueports
permit
changes
dates
sucoorts
Sign-Dietr-ict
a
51A-7.1000 example
fact
into
of
the
non-conforming
the
located
signs
notify
set
a
for of as conformity
or
provisions
West a
effect
light
continues
its
by
that 1egally of
close new
the are
sign. specified
for
in
of
non-conformity.
words
within
the
rail
sign
End removal
writing used
of which]
a are is
sign
of
as
For
“type”
maintained exempt
transit such
Municipal
with
of
this
more
possible Histor4c
to
or
made
at
a
sign
in
of
purposes
Subsection
the
useful
be
other the
railroad
or
Section repair this
article of the
line
if
than required
from
mcdifi-caticn
owner
new
sign
the non-conform[ng----by
chapter.
same
Sign to
content
Board life
and
requires
shall
the fvp
cost its of
must
location:
51A-7.706]. and
right-of-way
determinations
or
c)
that
this
original Dstrict
by
type
above
feet
person
of on
the
be
on
and
b No
state
section, do
the
of
repair
to Sign
the at
term
above
person
removed those
not ae-exernpt
conformity location:
that
removal enlarge
the or
in
face
942436
conform
may
is
Control
“repair”
federal
control
mono-
signs
same
giad more
were
were
may
of the
be
or
Of
of
a conviction,
and CODE, are passage APPROVED SAM Dallas,
Passed By__ DCA-13 61
3/1
Assistant
governed
except
A.
SECTION SECTION SECTION SECTION
and
LINDSAY, of
and
JUN
the
is
as
City it
AS
L1
punishable
publication
by
is
amended Dallas
TO
accordingly
Attorney
Section
3. 4. 5.
2.
City
the
FORM:
That
That That
City
That
Attorney
degree
by
by in
1-4
CHAPTER
this the
Code,
accordance
this
a
a
so
of
terms
ordinance fine
person
of
ordained. CHAPTER
ordinance.
as
nonconformity
not
amended,
and
51A,
22113
to
violating
with
provisions
shall
exceed
“PART
1
3
the
of
take
shall
the
provisions
a $2,000.
of
II
effect
Dallas provision of
OF the
remain
this
THE
sign
immediately
ordinance
City
of in
is
DALLAS
full
of
the
Code,
not
this
force
Charter
increased
are
as
from
ordinance,
DEVELOPMENT
and
amended.
severable
of
and
effect,
the
at
after 94246
its
City
upon
save
new
and
its
of HONORABLE
DC Development like the BACKGROUND: Manager signs ISSUE: There DART On the s which conforming removal within way reconstructed proximity materials, DART Council, conformity conforming of supplemental of-way ejyIQv STAFF Development CPC non-conformity, the 1
y
stern.
to
the
934-13
May billboards
rights-of-way
same
to
be
the
in
are
continue
to
are
non-conforming
to
the removed
right-of-way RECOMMENDATION:
RECOMMENDATION:
the
25,
Interlocal
QLcrtn,,
staff for
relocate
location
be
to
to
58
on
adjacent Whether
DART with
signs
rights.
1994,
residentially rail dismantled
the make
Code
Code
non-conforming
do
the using
is
MAYOR agreement
to
or during
current
not
rights-of-way proposing
to
construction
it certain
within
receive
right-of-way, same the
to
in regulating
Agreement
DART
nQJ,,,
Development
be
acquired
wish their to DEVELOPMENT
Article
allow to
any
to
City
dismantled
construction
AND single
signs
location, and
amend
standards.
the
be
signs the
zoned to
way has
original
to
Dallas
Council
an
give
DART reconstructed VII
dismantled income CITY
from
private
would signs the
numerous
family
increase
requires during amendment of
without
prbperty. depending
Article
up
Approval
“Sign
or
the
Area
Code
Interlocal
and
materials.
railroad
COUNCIL
right-of-way
adopted
within
their
of
Approval
as produced
not
Article
signs
zoned
CODE
LRT the the
reconstructed
Rapid the losing
near
Regulations”
that
amendment
billboards
VII
be
leases.
This
and LET
construction
to of using
on in the
existing
to companies
system
a
extended
XII
property.
AMENDMENT an
all
as
allow Agreement,
“Sign
the
Transit
their Resolution by the
Article
of
proposal DART
system.
reconstructed,
amendment
so
possible
signs
of
the
DART,
these
DART
an
alignment
long
WEDNESDAY,
and
Supplemental
signs
non-conforming
amount
would
Regulations”
original
unless
ACM.
recommendations
amendment does to
right-of-way,
VII,
by
within
in
signs.
other as of
At
Relocation would
Rail
on move
to
within
which
requiring
DaliaE
the
allowing
doing
the
in
Teodoro not eliminate the
they
the
to
of
materials right-of
of
advertising
the
conjunction private
Light
insure
non-conformity. request
other
Section
allow
using the
directed original
so
the
are
Agreement DART
JUNE
of
The
to
will
or at
rights.
rails
J.
that signs
Rail
DART
brought
hand,
way.
that
the
adversing
those these
the
Benavides least
temporary
of
51A-7.702, the
on
owners
not
to
location,
the right-of-
the 22,
signs
and they
Transit
or the
Dallas
with
in Dallas
would
create
right- allow
same
23
non non
1994 near
City 94249€
City
into
No.
the the life
be
in
of of
a
93 CPC
ACTION:
Motion
Motion
Speakers:
No.
No.
(June
Development right-of Maker: It Result: Second:
Rail Dallas Result: Maker: It Second:
2: 1:
was
was
None
right-of
16,
moved
Development
Absent: moved
Absent: There
There
way,
1994)
Ayes: Failed: Thomas Craycroft Richmond Nays: Ayes: Mago
Nays: Carried:
way,
contrary
to
is Code
is
to
recommend
6
one
one
recommend 9 to
7. 6-
4- as 9- 1
1-
to
regulating
7
vacancy.
vacancy.
per
Code
Tupper, Rasansky, Garcia Mago, Clark, Tupper, Rasansky, Richmond,
Garcia Chaney
4
to
staff
staff
2Da
regulating
denial
Scott,
Chaney,
recommendation.
recommendation.
Barger Craycroft, approval
private
Thomas,
of
Richmond,
Vinson,
Mago,
an
private
of signs
amendment
Barger,
an
Wadkins,
Clark,
Vinson,
signs Thomas, in
amendment
Wadldns
the
in
to
Wahiquist,
DART
942496 Wahiquist,
Craycroft,
the
the
Scott,
Dallas
DART to
Rail
the A
PPR
OV
ED
Council
and WHEREAS,
Rapid WHEREAS, desire Lancaster electronics Agreement: WHEREAS, Now,
BE is SECTION construction Master Lancaster criteria passage SECTION is
/f4Ea0
accordingly
authorized
IT
RESOLVED
Therefore,
Transit
to
for
O
adopted,
in
Interlocal
Road:
OtPART.4EN
1.
2. Road
shop
amend
Lancaster
accordance
by
by
That
That
Planning
the
by
to
so
Board
Resolution
Resolution
and
and
and
execute
resolved. City
among
DART
upon
BY
this
“Supplemental
CITY
to
Agreement:
Road.
1-20
THE
adopted,
of
with /44Z
incorporate
APPROVED resolution
approval
and
other
of Dallas
an
City
and
CITY
No,
No. A
COUNCIL
PPROVEO’_
the
an
amendment
SecretarY Development” 25
to
94-0928, 940068,
things,
ft/PECOP
prqvisions
COUNCIL among
electronic
(“City”)
as incorporate
1994
shall
BY Planning
bus
to Agreement
approved form the
turnout
approved
other
take
O
and
to
flNANC&
of
OF bus
shop
by
Supplemental
effect
the
the and to Dallas
THE
things,
criteria turnout
the
on
Charter No.
include
on facility
previously
CITY
City
Development
immediately
March
March
Area
1 the
for
criteria
Attorney,
OF
to
of
in
COUNCtL
Lancaster
the
Rapid bus
A
22,
Agreement
PP 2,
the
DALLAS:
May
the
the
approved
1994,
1994,
construction
turnout for
City
1l1994
Master
from
Transit
vicinity
CHAMBER
the
Lancaster
to
the
Road:
C’V the
of
City
include
and No.
Dallas
bus
Dallas
criteria
Dallas
(“DART”)
Interlocal
GEP
of
Manager
9
1 after
turnout
Road; of
South to
and
4
Area
City
for
the
the
an
2 its
it
0
3
7 does standards presently SEC. oth legalized page time, the a shall conrming ordinances; Iiablly, be. prosecutions incuned this shall penalties presently
SEC. the to this defense removed to sign shall if conrm Munkripai made
794
1990.
5111-7.701
a
conforming
a or
provisions
permit
law
article valid
It
ordinance
It
has
all
(a) be (b) after be
81A-7.701. not ordinances be
51A-7.702.
Division
is
Is
and
privately
in
discharged a penalty
the
unlawful
to prior
of been
further or conform
unless or permit to illegal All
Signs
pending
non-conforming
the
under
effect
was
Board
so
or
prosecution
this
modified
or forfeitures amortization
declared
the
signs
and
adoption
to
that
non-conforming of
made or
51
an
required
erected that
or ordinance
or sign
the
such the
at
the
of owned
A-7.700.
this provisions
to
on
non-conforming
to suits
illegal
that
a may
PURPOSE
legally
forfeiture, REMOVAL NON-CONFOR1G
the the
or
time
maintain
permit
no intent
if to terms
all
shall article Sign
purpose
sign
useful affected
may were
city
of
time
comply
proceed.
for
without
signs offense provisions
under
for
this
sign
this
periods
maintained
Non-Conformance. sign
Control be
and of complies
of
and
such be
may
its
the
legally
or
of
ordinance life
Dallas. article,
any either
OF
shall this deemed
if
OF of sign, instituted,
erection
this
if with by
be
declared this
sign a
its
it
determinations
be
committed,
it
offenses, this
DIVISION.
permit,
illegal
(Ord.
ordinance
such CERTAIN did
were
removed.
legally sign
Part
before
of
either
amendments,
subsection erected
Issued.
as
civil
the
article
was are with
Any
division
and
this
not
the
to
was
passage, according
U
provisions
19455)
under
sign. illegal
or
and
set
either SIGNS. erected.
purpose
conform
sign have
all
that of
existed ordinance
January
exist
case
liabilities,
criminal,
pursuant
must
adopted
the
and
current
and
causes
that,
by
By
which
do
It
Dellas
if been
signs
prior
were
prior
as
may
Delis
is
the but
the
not the
no no all
be
as
to in
of
to of
It a
1,
a
City
Dev
sign a conformity the example the section, repair the sign other not right-of-way the railroad Line possible is new than
cases, 20927; SEC. following respect
Code
non-conforming
not
owner
cost same
prnent
include
requires
non-conforming
if (c) as
(d) (0 Ce) location;
(a) five
(b)
content
5IF-7.7O3.
increased
the shall
22113)
take
to
to
mono-pole, of
right-of-way of
to
feet
No A
Reserved.
The
(1)
(3) (4) (2) (5) location,
The
or
the
cost
The
special
with Code
the
a
erecting
its
be
if
nonconforming the
person
the
person
maintenance
types above
on
fact
building
the
the the no the original
provisions
board to
board
of
this
at
following
removal
the
enlarge
degree new same
repair
construction
of
its
sign
sign unless
of
variances
BOARD
chapter,
In
a
grade
metal,
face
its
new may
may sign sign.
of
of
new
control
location;
othciai
sign
sign
non-conformity.
adjustment
is
adjustment is
where or
of
of of
of
location.
and
that
acons
repair
be
secure
sign more or
OF
and For nonconformity
increase
relocated
this the
supports supports
a
sign
No
of
changes and sign.
the relocated shall
.AD]uS’rMEN’r.
of
sign
sign;
of
article.
any
wood
the
than
person
a
term purposes and
located a the
the
(Ord.
exceptlons
notify
non-conforming
non-conforming
may, light may
the is
effect
are
that
sign;
60
same
authorize
as are
repair’
brought
of
structure
Nos,
may
within
used
percent
waive rail
in
of
81A-7.703
in
are
words
close
within
each
and
of
specific the
type
of
writing
transit
repair 19455;
at
more
does such
sign with
into that
this
any
388 the
the
an
as
or
of of at
a WHEREAS, Transit Agreement WHEREAS,
WHEREAS, regarding Agreement a WHEREAS, called separation; WHEREAS,
grade
Now, BE Section and approved supplemented. Warranted Section the requirement
determination Section
become order allocation Supplemental
APQVED
part
IT
City
be
______
Therefore,
‘Supplemental
separation
RESOLVED
(DART)
to
of
consistent
disagree HEAD
2.
1. the
be 3.
Supplemental
warranted, by
of which
with and,
on
on Grade
OF
the
on That
consistent for
approved on That the That
$1.5
DEPARTMENT
System
October Agreement to February
July evaluation provisions
DART,
provisions DART September
provided on
retrofit DART
DART DART
with million BY Separations”)
technically Agreement
25,
and
THE Plan
DART
with 11,
the Board
setting
28,
Agreement
is
an
1990,
is is
and
No.
of for
by
hereby
1989,
is of subject CITY
provisions
1990, existing hereby Section hereby
DART’s
9, System
an
the Supplemental
on
1. requested
require
warranted out
Resolution
APPROVED
No,
independent 1997,
COUNCIL of Resolution
September
Master
Resolution
requested,
to
general requested
requested
1”); 9.5 Supplemental at-grade No.
Grade Plan
certain
that
of
DART
and,
(“Provisions
CT’f
Interlocal
1: the
to grade
and
all
97-0176
CONTROLLER OF ______Separation Agreements, provisions
89-3272
conditions;
9,
Planning 90-0810 existing remove
consultant crossing as
funding
to
Service
to
THE Board
1997,
separations.
called
make
revisit
Agreement.
Agreement
CITY
authorized for
approved
Master
and
authorized
the considerations
for Plan;
approved and
and for
Policy
the
and,
Future
in
the
with
OF
which
modify
the
in
DART
City Development
interagency
and,
Grade
Section Interlocal
DALLAS:
are
grade
situation
No. the
APPRO,D
Grade
the
an
the grade
that
a
not
benchmark
Dallas
1,
equal
Separation
COUNCIL (viaster policy
separation Master
be 9.3 the 981429
to Separations”)
policy
Agreement,
that 1998 separation
relationships
negotiable,
same
maintain (“Technically
Area
(hereinafter
voice
on
DART
Interlocal
lnterlocal CHAMBER
to
cr
funding
Rapid
as
grade
reflect being Policy
in
MA’AGER
and the
has
the
the
as
of
in Section Grade for has
Section Future to separations DART Separations”) Section Separation incremental inflation
of Section
should separation Section accordingly in
Distribution:
be non-warranted
benefit the
accordance
consistent
Separations”)
Grade
provides
be
4. Grade
at
5.
7. 6.
8.
reevaluated of the
policy Policy as
That That
That cost so That
That the
Separations”) of
Public City Budget City
time
for
resolved.
Separation
Supplemental
with with
same
the grade of
this DART
Attorney DART
Controller
DART
non-warranted applies
DART
to
of
Works
of non-warranted
and
the
the resolution construction
same reflect
subsequent amount Supplemental
separations.
Management
is
>U3’APpRoVED is
and is
requested
is
provisions
hereby to
hereby
of
hereby Policy,
hereby
Transportation,
level
that
all
Agreement Supplemental
of
shall
rail
grade DART
requested
of the
to
Services
requested grade of
which requested
amendment
requested
the
corridors
take Agreement
all of
DART funding
separations, funding
Transit
non-warranted
the
Sandra
No.
effect separations
states,
Agreement to
Charter
1, contribution
to
to in
delete
to
System
Williams, for as
immediately in
of
No.
amend
the
amend
change
Section
will “The
Section
non-warranted,
in
1,
DART
of the
will
be
separation. order
Plan OCMC, in
No.
retrofit
the Section
Section aflowed last
order
be 4
of
paragraph
CITY
9.4
above. from updates’. 1, Transit
J for
City
$1.5 sentence accordingly
Room
in APPROVED
(“City
to Acting
porticn such
MAY
9.4 order
and other 9.5
of ensure
million COUNCiL
101
COUNCIL
System
retrofitted
981429 City Required (“City
Dallas 2 after funding (Provisions
13
to member in
of
of
Secretary
adjusted paragraph ensure
1998 that BY
toward
its the
the
Required
CHAMBER 13
Plan
and
passage amount
Dallas
Grade Grade
grade
cities 1998
grade
that
it and the
for
for
3 is STATE COUNTY
executed (hereinafter
Development
for Supplement
Supplement
Amendment,
from
the
(Non-Warranted)
Future
the
revised
the
rail
WHEREAS,
OF WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS, WHEREAS,
City
City THIRD “9.4 and 1. such Grade separation, the and separations amount Resolution 2. Supplemental
of “9.5 9.1, become appropriate provisions
OF
assembly
TEXAS
called a DART
No.
No. City effective
and
construction (1)
particular is (hereinafter DALLAS
a
DART
Provisions TO
Separations,
grade
ARTICLE hereinafter City
ARTICLE
1 prefers of 1
DART
AMENDMENT or
necessary
“City”), (the Grade (the
CITY/DART Grade
funding
except
970176, concerning plant/major
on
others City Required City on on
pursuant
on Supplement
separation traffic
will
“First “Second Agreement
grade
July that September agree
August
March
Separations,
called for
and Separation and
and called that of IX,
proceed PLANNING
LX,
as is shall
mitigation
a
as in Amendment”), Future 25, § § §
crossing,
DART a DART
hereby particular to
it
(Non-Warranted)
TRAFFIC DALLAS to DART
TRAFFIC amended
grade the Amendment”) “Supplement
City maintenance
contributes outside 30, the
1,
“Amended 1990,
be
DART’s
No. MASTER
No.
9,
future 1994,
(Retrofitted) with following TO
Policy; responsible 1995
staff desire required, amended
separations is
1997, agrees
1
should measures
1,
the
crossing hereby
to the
SUPPLEMENTAL by
AREA
design
as
MITIGATION pursuant
AND the
MITIGATION
City/DART at City
CITY
Grade to
CBD relating to Resolution DART
Now, Supplement
facility;
amended No.
that
that
the further INTERLOCAL amendments City
relating
other
to
amended
non-warranted
and
are RAPID
Grade
be Grade DEVELOPMENT
contained it for and read 1”);
construction
that
OF
location, Therefore,
Separation
to will
approved and
grade
feasible, to member
and
DART
the
amend
the and
construction is DALLAS, as
to
a Master
by
980149.”
contribute Separations,
Separations.
DART
substitution
not TRANSIT No.
to
follows: off-premises
net technical
REMEDIES,
separated
REMEDIES,
the
to read in
based recommended
Amended
executed
and cities 1”;
additional
a
Amended
Amended
Interlocal
First of
Policy
AGREEMENT
grade
grade
executed
AGREEMENT: as
and
a (2)
a
toward
considerations grade-separated follows:
for on
Texas
(hereinafter where Amendment of
of
directs
separation
Following
In
separation signs;
as
non-warranted the
Supplement a the
the
Section Supplement Agreement:
Supplement Section cost
the
Second
set
the
a
municipal judgment
electronic other
by
gtade-separated
DART
First
and
event
Out cost
of
DART,
called 9.4
policy completion reasonable that 9.5
NO.
in and in the Amendment Amendment
of
that No. crossing to
City-Required Section Planning No.
Erji2nhir DART design No.
shop
grade of corporation
grade build same
the
then “DART’),
1
that
1 the
the
1:
1; to
Second facility
and
varied reflect
and
to
to Third No. otherwise
MADELEINE APPROVED City
BY______
DALLAS
By:
I
Attorney
is
crossing, contribute DART Amendment separation retrofitted pursuant 970176, prohibit where 3.
Executed
Assistant hereby
President/Executive ROGER
supplemented,
AREA
AS necessary
beginning
Except
B. DART
ratified as
and
to
TO at crossings this
City SNOBLE
JOHNSON
RAPID grade amended
DART’s
least _____
to the
FORM:
as
Attorfley
from
Sbmitte
Amended
and
or
funding
shall the
specifically
separation design
TRANSIT
justified,
elsewhere
confirmed
contributing by
day same
Director
Grade
be
Resolution to
responsibilities
of construed
on
City
Supplement amount
as
Separation
the
crossings set in
agreed in
the
more
forth project,
all
of
980149.
together
City
respects
funding
upon
funding in
No.
of as Policy of
CITY TEODORO City
Sections , BY______
except APPROVED
By:
1999.
each Dallas
with
as This it
1
and for
Printed Manager Office
a allows and
than
OF
as single party
the
Section design
that
remains
and
1 DALLAS
set
the
the
City.”
and
of Assistant
J. Name:
will within DART
contractual for
AS out
DART BENAVIDES minimum Master
and
2
shall
in
TO be hereof, non-warranted
in
construction
full
other
determined
agrees DART City not FORM: General
Interlocal
force
described
agreement. be
Amended member
Manager
construed
that
Resolution
and
Counsel
of
prior
it Agreement
effect
grade cities,
above
these
will Supplement
to
to
and
this
as SPECIAL SPECIFICATIONS SPECIAL SPECIFICATION
ITEM DC-752
TREE REMOVAL (DELIVER TO DART)
1. Description
This item shall govern for the preparation, removal and delivery of trees to Dallas Area Rapid Transit (DART) storage yard as indicated in the plans.
A. Related Documents 1. Drawings and General Provisions of Contract, including General and Supplementary Conditions and Division 01 Specification sections, apply to work of this section.
B. Submittals 1. Qualifications: Statement of arborist qualifications including not less than five years experience in tree transplantation in the State of Texas. 2. Tree Removal/Delivery Plan: indicating anticipated: a. Anticipated time of tree removal and delivery. b. Utility coordination efforts: c. Tree preparation/removal methods and equipment. d. Tree transportation/delivery details
C. Quality Assurance 1. Contractor’s Field Supervision: The Contractor shall maintain an experienced full time supervisor on project site when tree removal operations are in progress.
2. Equipment
1. Tree removal operations shall be conducted with any equipment and by the means suitable for the intended task. 2. Pruning Tools: Use only sharp, clean tools, sterilized prior to use. 3. Removal tools: Size of Tree Spade, if used, is to be large enough to encompass fibrous feeder roots, consistent with standard nursery sizes for trees being relocated. 4. Flatbed trucks to be used for transporting trees shall have sufficient equipment and be large enough to transport trees safely.
3. Execution
A. Preparation 1. Verify with Engineer which trees are to be removed. 2. Prune tree branches and roots per recommendations of arborist. 3. Assure that surrounding soil is at a moisture level as directed by the arborist. 4. Coordinate with Dallas Water Utilities to protect existing water main. 5. Coordinate with DART regarding delivery location and time.
B. Tree Removal 1. Use tree spade machinery in good condition with a minimum tolerance (max 2”) between cutting blades or use other mechanical equipment or manual methods. 2. Upon tree removal immediately protect root ball by completely wrapping with burlap per standard nursery practice. Root ball size should be a minimum of 10-inches in diameter per 1- inch tree caliper or as directed by the arborist. 3. Do not allow cracking of root ball or excessive loss of soil.
C. Tree Delivery 1. When tree has been prepared for transportation, place tree on flatbed truck by lifting by the root ball. 2. Assure tree is safely secured to the vehicle and foliage is wrapped or covered to prevent wind damage while in transport. 3. Deliver tree(s) to the DART facility previously determined and unload trees at the location designated by DART personnel. 4. DART is to assume responsibility of tree maintenance at time of delivery.
4. Measurement Tree Removal (Deliver to DART) will be measured per each tree removed and delivered to DART. 5. Payment The work as prescribed by this item will be paid for at the unit price bid, per each for “Tree Removal (Deliver to DART)” which price shall be full compensation for preparation, removal, and delivery of trees to an agreed upon DART facility as indicated in the plans or as directed by the Engineer, for furnishing all materials, labor, tools, equipment and incidentals necessary to complete the work. FOR BID PROPOSAL NO. 2017-054-6678 SOLICITATION FOR DENTON DRIVE ‐ MCIP PROJECT # 10217B Total Working Days: 450 DAYS FROM 470' SOUTH OF WALNUT HILL LN. TO 850' NORTH OF ROYAL LN. IN THE CIITY OF DALLAS, TEXAS, COUNTY OF DALLAS, TEXAS, DISTRICT NO. 4 BASE BID TOTAL UNIT ITEM NO. ITEM DESCRIPTION UNIT QUANTITY TOTAL UNIT PRICE WRITTEN IN WORDS EXTENSION PRICE
SCHEDULE 1 ‐ PAVING & DRAINAGE ITEMS
DOLLARS 100‐2002 PREPARING ROW STA 71.9 CENTS PER UNIT
DOLLARS 104‐2001 REMOVING CONC (PAV) SY 6,002 CENTS PER UNIT
DOLLARS 104‐2009 REMOVE CONC (RIPRAP) SY 286 CENTS PER UNIT
DOLLARS 104‐2011 REMOVING CONC (MEDIAN) SY 74 CENTS PER UNIT
DOLLARS 104‐2015 REMOVING CONC (SIDEWALKS) SY 1,176 CENTS PER UNIT
27A of551 DOLLARS 104‐2017 REMOVE CONC (DRIVEWAYS) SY 2,953 CENTS PER UNIT
DOLLARS 104‐2022 REMOVING CONC (CURB AND GUTTER) LF 1,089 CENTS PER UNIT
DOLLARS 104‐2044 REMOVING CONC (FLUME) SY 13 CENTS PER UNIT
DOLLARS 105‐2045 REMOVING STAB BASE & ASPH PAV (2" ‐ 8") SY 22,526 CENTS PER UNIT
DOLLARS 110‐2001 EXCAVATION (ROADWAY) CY 20,637 CENTS PER UNIT
DOLLARS 110‐2002 EXCAVATION (CHANNEL) CY 132 CENTS PER UNIT
DOLLARS 132‐2002 EMBANKMENT (FINAL) (DENS CONT) (TY D) CY 2,507 CENTS PER UNIT
DOLLARS 160‐2003 FURNISHING AND PLACING TOPSOIL (4") SY 8,000 CENTS PER UNIT
DOLLARS 162‐2002 BLOCK SODDING SY 8,000 CENTS PER UNIT
170‐2001 IRRIGATION SYSTEM LS 1 DOLLARS
AND ZERO CENTS FOR BID PROPOSAL NO. 2017-054-6678 SOLICITATION FOR DENTON DRIVE ‐ MCIP PROJECT # 10217B Total Working Days: 450 DAYS FROM 470' SOUTH OF WALNUT HILL LN. TO 850' NORTH OF ROYAL LN. IN THE CIITY OF DALLAS, TEXAS, COUNTY OF DALLAS, TEXAS, DISTRICT NO. 4 BASE BID TOTAL UNIT ITEM NO. ITEM DESCRIPTION UNIT QUANTITY TOTAL UNIT PRICE WRITTEN IN WORDS EXTENSION PRICE
DOLLARS 260‐2002 LIME (HYDRATED LIME (SLURRY) ) TON 684 CENTS PER UNIT
DOLLARS 260‐2027 LIME TRT (EXST MATL) (8") SY 32,309 CENTS PER UNIT
DOLLARS 340‐2XXX ASPH CONC (TY ‐ B) (BASE) (6") TON 595 CENTS PER UNIT
DOLLARS 340‐2XXX ASPH CONC (TY D) (2") TON 198 CENTS PER UNIT
DOLLARS 360‐2011 CONC PVMT (JOINTED ‐ CPCD) (10") SY 27,885 CENTS PER UNIT
DOLLARS 360‐2012 CONC PVMT (JOINTED ‐ CPCD) (11") SY 3,232 CENTS PER UNIT
DOLLARS 28A of551 360‐2013 CONC PVMT (JOINTED ‐ CPCD) (10") (CLASS HES) SY 1,100 CENTS PER UNIT
DOLLARS 402‐2001 TRENCH EXCAVATION PROTECTION LF 5,769 CENTS PER UNIT
DOLLARS 420‐2008 CL C CONC (WINGWALLS) CY 43 CENTS PER UNIT DOLLARS 420‐2242 CL A CONC (CHANNEL LINING) CY 66 CENTS PER UNIT
DOLLARS 423‐2012 RETAINING WALL (CAST‐IN‐PLACE) SF 2,213 CENTS PER UNIT
DOLLARS 450‐2179 RAIL (SPECIAL RAIL 1) LF 2,769 CENTS PER UNIT
DOLLARS 462‐2001 CONC BOX CULV (3 FT X 2 FT) LF 822 CENTS PER UNIT
DOLLARS 462‐2003 CONC BOX CULV (4 FT X 2 FT) LF 160 CENTS PER UNIT
DOLLARS 462‐2004 CONC BOX CULV (4 FT X 3 FT) LF 416 CENTS PER UNIT
DOLLARS 462‐2007 CONC BOX CULV (5 FT X 3 FT) LF 407 CENTS PER UNIT FOR BID PROPOSAL NO. 2017-054-6678 SOLICITATION FOR DENTON DRIVE ‐ MCIP PROJECT # 10217B Total Working Days: 450 DAYS FROM 470' SOUTH OF WALNUT HILL LN. TO 850' NORTH OF ROYAL LN. IN THE CIITY OF DALLAS, TEXAS, COUNTY OF DALLAS, TEXAS, DISTRICT NO. 4 BASE BID TOTAL UNIT ITEM NO. ITEM DESCRIPTION UNIT QUANTITY TOTAL UNIT PRICE WRITTEN IN WORDS EXTENSION PRICE
DOLLARS 496‐2295 REMOVE STR (MASONARY WALL) LF 28 CENTS PER UNIT
DOLLARS 500‐2001 MOBILIZATION LS 1 CENTS PER UNIT
DOLLARS 502‐2001 BARRICADES, SIGNS AND TRAFFIC HANDLING MO 23 CENTS PER UNIT
DOLLARS 502‐2019 PORTABLE LIGHTED MESSAGE BOARDS (2) MO 17 CENTS PER UNIT
DOLLARS 504‐7000 FIELD OFFICE MO 23 CENTS PER UNIT
DOLLARS 506‐2003 ROCK FILTER DAMS (INSTALL) (TY 3) LF 60 CENTS PER UNIT
DOLLARS 31A of551 506‐2009 ROCK FILTER DAMS (REMOVE) LF 60 CENTS PER UNIT
DOLLARS 506‐2016 CONSTRUCTION EXITS (INSTALL) (TY 1) SY 640 CENTS PER UNIT
DOLLARS 506‐2019 CONSTRUCTION EXITS (REMOVE) SY 640 CENTS PER UNIT
DOLLARS 506‐2037 TEMP SEDMT CONT FENCE (INSTALL) LF 8,750 CENTS PER UNIT
506‐2038 TEMP SDMT CONT FENCE (CURB INLET PROTECTION) EA 31 DOLLARS
CENTS PER UNIT
DOLLARS 506‐2038 TEMP SDMT CONT FENCE (DROP INLET PROTECTION) EA 15 CENTS PER UNIT
506‐2048 BIODEG EROSN CONT LOGS (INSTL) (12") LF 620 DOLLARS CENTS PER UNIT
DOLLARS 506‐2056 BIODEG EROSN CONT LOGS (REMOVE) LF 620 CENTS PER UNIT
DOLLARS 506‐2057 TEMP SEDMT CONT FENCE (REMOVE) LF 8,750 CENTS PER UNIT
DOLLARS 508‐2002 CONSTRUCTING DETOURS SY 3,136 CENTS PER UNIT FOR BID PROPOSAL NO. 2017-054-6678 SOLICITATION FOR DENTON DRIVE ‐ MCIP PROJECT # 10217B Total Working Days: 450 DAYS FROM 470' SOUTH OF WALNUT HILL LN. TO 850' NORTH OF ROYAL LN. IN THE CIITY OF DALLAS, TEXAS, COUNTY OF DALLAS, TEXAS, DISTRICT NO. 4 BASE BID TOTAL UNIT ITEM NO. ITEM DESCRIPTION UNIT QUANTITY TOTAL UNIT PRICE WRITTEN IN WORDS EXTENSION PRICE
DOLLARS 512‐2001 TEMPORARY PORT CONC TRAF BARRIER LF 90 CENTS PER UNIT
DOLLARS 529‐2006 CONC CURB (MONO) (TY II) LF 11,419 CENTS PER UNIT
DOLLARS 530‐2010 DRIVEWAYS (CONC) SY 2,694 CENTS PER UNIT
DOLLARS 530‐2011 DRIVEWAYS (ACP) SY 172 CENTS PER UNIT
DOLLARS 531‐2005 CURB RAMPS (TY 1) EA 10 CENTS PER UNIT
DOLLARS 531‐2006 CURB RAMPS (TY 2) EA 2 CENTS PER UNIT 32A of551 DOLLARS 531‐2015 CONC SIDEWALKS (4") SY 733 CENTS PER UNIT
DOLLARS 531‐2040 CURB RAMPS (TY 5) EA 8 CENTS PER UNIT
DOLLARS 531‐2041 CURB RAMPS (TY 10) EA 10 CENTS PER UNIT
DOLLARS 531‐2094 CONC SIDEWALKS (SPECIAL) (PATTERNED)(4") SY 7,780 CENTS PER UNIT
DOLLARS 531‐2095 CONC BICYCLE TRACK (SPECIAL) (6") SY 4,462 CENTS PER UNIT
DOLLARS 536‐2002 CONC MEDIAN SY 68 CENTS PER UNIT
DOLLARS 536‐2006 CONC MEDIAN (MONO NOSE) SY 14 CENTS PER UNIT
DOLLARS LF 152 542‐2001 REMOVE METAL BEAM GUARD FENCE CENTS PER UNIT
DOLLARS 644‐9991 RELOCATE SMALL ROAD SIGN SUPPORT & ASSEMB EA 30 CENTS PER UNIT
DOLLARS 644‐9992 INSTALL SMALL ROAD SIGN SUPPORT & ASSEMBLY EA 21 CENTS PER UNIT FOR BID PROPOSAL NO. 2017-054-6678 SOLICITATION FOR DENTON DRIVE ‐ MCIP PROJECT # 10217B Total Working Days: 450 DAYS FROM 470' SOUTH OF WALNUT HILL LN. TO 850' NORTH OF ROYAL LN. IN THE CIITY OF DALLAS, TEXAS, COUNTY OF DALLAS, TEXAS, DISTRICT NO. 4 BASE BID TOTAL UNIT ITEM NO. ITEM DESCRIPTION UNIT QUANTITY TOTAL UNIT PRICE WRITTEN IN WORDS EXTENSION PRICE
DOLLARS 644‐9993 SIGN (DECORATIVE) (REMOVE) EA 1 CENTS PER UNIT
DOLLARS 666‐2003 REFL PAV MRK TY I (W) 4" (BRKN) (100MIL) LF 80 CENTS PER UNIT
666‐2012 REFL PAV MRK TY I (W) 4" (SLD) (100MIL) LF 270 DOLLARS CENTS PER UNIT
DOLLARS 666‐2024 REFL PAV MRK TY I (W) 6" (SLD) (100MIL) LF 4,225 CENTS PER UNIT
DOLLARS 666‐2036 REFL PAV MRK TY I (W) 8" (SLD) (100MIL) LF 244 CENTS PER UNIT
DOLLARS 666‐2042 REFL PAV MRK TY I (W) 12" (SLD) (100MIL) LF 735 CENTS PER UNIT
DOLLARS 33A of551 666‐2045 REFL PAV MRK TY I (W) 18" (SLD) (100MIL) LF 651 CENTS PER UNIT
DOLLARS 666‐2048 REFL PAV MRK TY I (W) 24" (SLD) (100MIL) LF 279 CENTS PER UNIT
DOLLARS 666‐2054 REFL PAV MRK TY I (W) (ARROW) (100MIL) EA 40 CENTS PER UNIT
DOLLARS 666‐2057 REFL PAV MRK TY I (W) (BIKE ARW) (100MIL) EA 46 CENTS PER UNIT