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SW0801-CS100728 DART DALLAS AREA RAPID TRANSIT LICENSE PROCEDURES Dallas Area Rapid Transit (DART) purchased various railroad properties with public funds for future public transit uses. Other uses, compatible with current and future transit and freight railroad use, may be allowed depending on the proposed use, the impact on current or future uses, and the income generated. The following information must be submitted for review: 1. A letter from the owner(s) or their representative requesting a license to use the corridor. 2. The attached completed Application Form. Describe "Proposed Improvements ", and provide written details; "See attached drawings" is not a description. 3. Engineering plans and plats showing ALL Details Directly on Drawings, including all information on the Plan Data Sheet (attached), the proposed license area with dimensions, profile and tie -ins to physical features on the ground (i.e. centerline of roadway, DART right of way lines, end of a bridge or culvert, etc.). Any proposed utility crossing must meet DART specifications and /or American Railway Engineering and Maintenance of Way Association (AREMA) standards. 4. The DART engineering checklist pertinent to the project type. 5. A $2,500.00 non - refundable engineering review and application fee. 6. If application is approved a License Agreement will be sent to the Applicant. The License includes, but is not limited to, sections that require: • A 30 -day notice of termination enforceable by either party. • An annual payment based on the market value of the license area. • Insurance naming DART and Railroads as additional insureds (see Exhibit "B" attached). • A Standard Construction Agreement and Contractor's Right of Entry executed by Licensee's contractor prior to any construction activities. Applications are processed by two departments of DART, depending on the location of the rail corridor. Direct submittals for projects crossing or involving: Freight or Commuter Rail corridors, to: Light Rail corridors, to: Dallas Area Rapid Transit Dallas Area Rapid Transit Attn: Commuter Rail & Railroad Management Attn: Real Estate P. O. Box 660163 P. O. Box 660163 Dallas, Texas 75266 -7210 Dallas, Texas 75266 -7230 Copyright © DART, all rights reserved, 2009 5:346,RT STANDARD APPLICATION FOR USE OF DART PROPERTY SECTION I — Application Information for a License Agreement 1) APPLICANT: � Contact Person (Your Name): \VK 64 , ( r ) ? E; , Agent's Firm Name (Who you work for): n1- ® C Office Phone Number: Cj 7 2 3 U' 3 6 7'l Fax Number: c( 7 2 30 ct 35 70 Cell Phone Number: E -Mail Address: V fi r; . e cdr +,,_ , Address: 2SS" City: e g i State: 1 X Zip: 7 c6/ e ( 2) LICENSEE'S FULL LEGAL NAME: 4- DC CoP 4aS Legal Entity. ❑ Corporation State of Incorporation gMunicipality Type: Example ' ome -Rule cit unicipal corporation, etc. ❑ Partnership Type: _ Example: General, Limited, Limited Liability, etc. ❑ Individual ❑ Other - explain Mailing Address: Z 55 ` c ._,- Physical Address: 2 , S P City: __ ��Q, _ State: 1 Zip: 7. 1 Telephone Number: e 7 2 3 Q c j ? (, 7 ¶ Fax Number: 97Z Contact Person: /p, 4 (-:);,,_,, E -Mail: �; �CJ�� p ( Billing address if different from Mailing Address: 3) CONTRACTOR, if known: 01, 4/4 s 4-;m a) Legal Name to appear in Agreement: b) Mailing Address: City: State: Zip: c) Contact Person: E -mail Address: d) Telephone Numbers: Office: Mobile: Page 1 of 3 Copyright © DART, all rights reserved, 2009 ' � ' � T STANDARD APPLICATION FOR USE OF DART PROPERTY SECTION II — Proposed Improvements Check All Appropriate Boxes: New ❑ Existing: Agreement No. ❑ Relocation ❑ Modification Use: R. Public ❑ Private Within Public ROW: g Yes l,No ® Crossing tracks: Angle 7S ° ❑ Paralleling tracks: Distance: TYPE OF ENCROACHMENT: l_Surface use: Describe:_ '2 dit., cti b S",?.Qofal OF- T.. ❑ Road Crossing ❑ New ❑ Upgrade ❑ Public ❑ Private ❑ Drainage: ❑ Open Ditch ❑ Buried Pipe ❑ Culverts Size: ❑ Wire line: ❑ Electric ❑ Telephone ❑ Fiber Optic 1 Cable TV ❑ Other: Underground ❑ Overhead ❑ Transmission ❑ Distribution No. of Wires /Cables: Voltage: Material: Phase: Size: Vertical clearance above top of rail: (ft.) ❑ Pipeline: 1 Transmission ❑ Distribution ❑ Flammable ❑ Non Flammable Size: Contents: Length (encased full width of ROW): Distance below base of rail: ❑ Other Improvements: Describe: Describe Proposed Improvements: sue/ S , 11CS "4-•4( ' /CO ;-t(/1 dx- (ti) "L k e -h.. L1a7$ P x i I./ Vie LOCATION OF ENCROACHMENT: n Name of nearest road crossing: 7,,,. ,,, r, �,, D.O.T. No.: Distance to centerline of nearest road crossing: t CO' Railroad Mile Post: Page 2 of 3 Return Completed Application and Fee to: DART ■ P. O. Box 660163 • Dallas, Texas 75266 -7210 for Commuter Rail & RR Mgmt. or for Real Estate use zip extension 7230 Copyright © DART, all rights reserved, 2009 PLAN DATA INFORMATION TO BE INCLUDED ON DRAWINGS For Underground Pipelines CARRIER PIPE CASING PIPE Contents to be handled Outside diameter Pipe Material Specifications and grade Wall thickness Actual working pressure Type of joint Coating Method of installation Vents: Number Size: Height above ground: Seals: Both ends: One end: Type: Bury: Base of rail to top of casing: ft. in. Bury: (Not beneath tracks) ft. in. Bury: (Roadway ditches) ft. in. Type, size and spacing of insulators or supports: Distance C.L. track to face of jacking /receiving pits ft. in. Bury: Base of rail to bottom jacking /receiving pits: ft. in. Cathodic protection: Yes No Cathodic Protection Procedure: SPECS: DART and /or AREMA (American Railway Engineering and Maintenance of Way Association) specifications must be met. Attach Engineering Drawings that include Project Plan and Profile, North Arrow, Right -of -Way Lines of Railroad corridor, and Public or Private streets. Identify location with nearest street crossing the rail corridor and distance from center of street to the project. Provide a location map, surveys, mile post, etc., as needed to identify location. Page 3 of 3 Copyright © DART, all rights reserved, 2009 Highway Railway Crossing DART CHECKLIST STANDARDS CHECKLIST PROJECT NAUr: MAT F; ILART —(.LC NUMBER (DART Use Only) I _ _ Instructions: Complete the checklist by checking the appropriate response for each item. Return the completed checklist with the "Standard Application." This checklist provides, but is not limited to, the most common design and construction standards DART may require. DART reserves the right to apply additional standards other than those listed on the checklist. Explain each N/A response in the space provided for additional comments. DART Item Yes N/A Use' Crossing Surface Material. (DART 2.17 – Grade Crossings)(AREMA 8.1.1 – Crossing Surface Material) i X `s�' Crossing Width: Road Width + 2'(1' per side) (AREMA 8.1.2 – Width of Crossing) ✓ Road Height: Road and Rail on same plane min. 2' perpendicular to tracks on each side ✓ of crossing. (AREMA 8.1.3.a – Profile and Alignment of Crossing and Approaches) Road Alignment. 90 Deg. Crossing Preferred. (AREMA 8.1.3.b – Profile and Alignment of Crossing and Approaches) Pavement Markings in accordance with MUTCD. (AREMA 8.1.4.b – Width and Marking of Approaches) Roadway Storm Water Runoff does not Discharge onto Crossing. (AREMA 8.1.5 — ✓ Drainage) Traffic Control Devices Provided. (AREMA 8.2.1 – General) Roadway Construction does not Increase the Storm -water Hydraulic Grade Line in the ✓ Ditches on DART Property (DART 7.1.1 – Design Assumptions) 9 All drainage designs are contained in a drainage report that shall be submitted to DART for review and approval. (DART p. 7 -3) 10 The drainage report contains a description. plan and profile of existing drainage ✓ facilities. (DART p. 7 -3) The drainage report contains a description, plan and profile of proposed drainage 11 facilities (which may be half size reduction of preliminary or final design plans). ✓ •(DART p. 7 -3) The drainage report contains a drainage area map which complies with the ✓ requirements described in DART page 7 -3. The drainage area map shows the track station or mile post number of discharge points I3 and drainage structures 011 DART right of way. The drainage area map shows the DART right of way and public right of way — boundaries in relation to the crossing. ' DART Use CON - Concur with applicant DNC - Do Not Concur with applicant Copyright © DART, all rights reserved, 2006 DART Item ]es N/A Use The drainage report contains evaluations of drainage alternatives considered and I5 selection of preferred drainage facilities. (DART p. 7 -3) The drainage report contains all calculations for evaluating the existing drainage 16 facilities and designing the proposed facilities using standardized calculation forms or a computer output table(s) with format similar to the standardized calculation forms 1/ provided in the DART Licht Rail Project Design Criteria Manual. (DART p. 7 -3) The drainage report contains a certificate signed and sealed by a professional engineer 17 registered in the state of Texas that the design procedure is in full compliance with the ✓ requirements of these criteria. (DART p. 7 -3) 18 The drainage report contains an evaluation of maintenance impacts on existing systems and preferred maintenance procedures for the proposed system. (DART p. 7 -3) 9 The Proposed I OOyr Hydraulic Grade Line is 4' below the top of Rail in the ditches on DART Property. (DART 7 -67) 20 The Drainage design is Approved by the Regional Storm Water Administrator. (DART 7.1.2 — Drainage Report) Additional Comments prv,),e Cow J4T s 4 A 44- g. ' :66e1 Copyright 0 DART, all rights reserved. 2006 OA&lZT EXHIBIT "B" CONTRACTOR'S INSURANCE REQUIREMENTS Prior to the start of work or occupancy of premises under a License, Licensee's contractor agrees to procure and maintain at its sole cost and expense, the following types and amounts of insurance with an insurer or unsurers and form satisfactory to Licensor who is herein defined to be DALLAS AREA RAPID TRANSIT. Where applicable, the operating railroad will be named as an additional insured. DART staff will inform you which railroad(s), if any, are operating in the area of the proposed License agreement. The railroads include one or more of the following: DALLAS GARLAND & NORTHEASTERN RAILROAD (DGNO), FORT WORTH & WESTERN RAILROAD COMPANY (FWWR) and KANSAS CITY SOUTHERN RAILWAY (KCS). Licensee's contractor shall furnish an original Certificate of Insurance along with all endorsements for review and approval by DART's Risk Management Department with the following insurance as a minimum standard: 1) Comprehensive General Liability with Contractual Liability Endorsement • Combined single limit of at least $2,000,000. • Licensor and Railroad are named as additional insureds (Endorsement for ongoing operations CG 2010 or equivalent and for completed operations CG 2037 or equivalent) without any qualifications or restrictions. • Contractual liability endorsement must have exclusions for operations within 50 feet of railroad (Endorsement 2417 or equivalent) and for XCU hazards deleted. • Waiver of subrogation (Endorsement CG 2404 or equivalent). • Licensor must have 30 days notice of cancellation or modification. 2) Comprehensive Automobile Liability Policy • Combined single limit of at least $2,000,000. • Licensor and Railroad are named as additional insureds (Endorsement CA 0403 or equivalent) without any qualifications or restrictions. • Waiver of subrogation (Endorsement CA 2089 or equivalent). • Licensor must have 30 days notice of cancellation or modification. 3) Workers' Compensation Insurance • Providing Statutory Benefits under the Worker's Compensation Act of the State of Texas and/or any other State or Federal Law or Laws applicable to the Contractor's employees performing the work under this agreement. • Employer's Liability Insurance with limits of liability of not less that $500,000 each accident, $500,000 each employee for disease and $500,000 policy limit for disease. • Endorsed with a Waiver of Subrogation (Endorsement WC 42 03 04 or equivalent), waiving the carrier's right of recovery under subrogation or otherwise from Licensor. 4) Railroad Protective Coverage The Railroad, not DART, is to be listed as the insured on the certificate. The coverage is not required if the contractor's general liability limits are $2,000,000 per occurrence and $6,000,000 aggregate or higher and the contractor provides the Contractual Liability Endorsement CG 2417. 5) Licensee agrees to furnish Licensor with Certificates of Insurance (or, as and when Licensor may direct, copies of the actual insurance policies) as evidence of the coverages outline in 1), 2) and 3) above. 6) All coverage described in a License shall be in a form and content satisfactory to Licensor. No party, subject to the provisions of a License agreement, shall violate or knowingly permit to be violated any of the provisions of the policies of insurance described therein. All insurance should be provided by insurance companies with a Best's Rating of B+ or better. Copyright © DART, all rights reserved, 2009