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Quorum = 8

Agenda

DART: Your preferred choice of transportation for now and in the future.

0410C.doc 1

Dallas Area Rapid TransitCOMMITTEE-OF-THE-WHOLE

Tuesday, April 10, 2012, 4:00 P.M. - Conference Room C

1401 Pacific Ave., Dallas, TX 75202

General Items:1.Approval of Minutes: March 20, 2012

Items for Final Committee Consideration:2. Authorization to Execute a License Agreement with Collin County for an

At-Grade Road Crossing (Security, Safety, Public Relations andOperations Loretta Ellerbe/Norma De La Garza-Navarro)[5 minutes] @

3. Multiple Use Agreement between DART and Texas Department ofTransportation (TxDOT) to Permit DART to Construct, Maintain and

Operate the DART LRT Orange Line within TxDOT Highway

Rights-of-Way Located on the Irving-1/Irving 2 Line Sections

(Rail Program Faye Wilkins/Tim Mckay)[5 minutes] @

4. Multiple Use Agreement between DART and Texas Department ofTransportation (TxDOT) to Permit DART to Construct, Maintain and

Operate the DART LRT Blue Line within TxDOT Rights-of-Way Locatedon the Rowlett-1 Line Section

(Rail Program Faye Wilkins/Tim McKay)[5 minutes]@

5. Exercise Contract Option for 12-Volt Maintenance-Free Bus Batteries(Security, Safety, Public Relations and Operations Loretta

Ellerbe/Carol Wise)[5 minutes]

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Agenda

DART: Your preferred choice of transportation for now and in the future.

0410C.doc 2

Items for Initial Consideration:6. Authorization to Convey Easements to Atmos Energy Corporation for the

Compressed Natural Gas (CNG) Project

(Rail Program Faye Wilkins/Tim McKay) @[5 minutes]

7. Approval of Quarterly Disclosure Update as of December 31, 2011(Budget and Finance Robert Strauss/David Leininger) @[5 minutes]

8. *Proposed Fare Structure Change(Budget and Finance Robert Strauss/David Leininger)[45 minutes]

9. *Briefing on Public Security Declaratory Judgment Litigation(David Leininger)[15 minutes]

Other Items:10.Identification of Future Agenda Items11.Adjournment

*Briefing item

+Same Night Board Approval Item

@ Unanimous Approval at Committee

The Committee-of-the-Whole may go into Closed Session under the Texas Open Meetings Act,

Section 551.071, Consultation with Attorney, for any Legal issues, under Section 551.072 for Real

Estate issues, or under Section 551.074 for Personnel matters, or under section 551.076, for

deliberation regarding the deployment or implementation of Security Personnel or devices, arising

regarding any item listed on this Agenda.

This facility is wheelchair accessible. For accommodations for the hearing impaired, signinterpretation is available. Please contact Community Affairs at 214-749-2543, 48 hours in advance.

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AGENDA ITEM NO.1 MINUTES

DALLAS AREA RAPID TRANSIT COMMITTEE-OF-THE-WHOLE

March 20, 2012The Dallas Area Rapid Transit Committee-of-the-Whole meeting convened on Tuesday,March 20,2012, at 4:10 p.m., at DART Headquarters, 1401 Pacific Avenue, Dallas, Texas, withChair Danish presiding.The following Board members were present: John Danish, Robert Strauss, Faye Moses Wilkins,Scott Carlson, Jerry Christian, Randall Chrisman, William Tsao, William Velasco,Michael Cheney, Claude Williams, Loretta Ellerbe and Gary Slagel.Mr. Richard Carrizales, Ms. Pamela Dunlop Gates, and Mr. Mark Enoch were absent. General Items:

1. Approval of Minutes: March 6, 2012Ms. Wilkins made a motion to approve the March 6, 2012, corrected Committee-ofthe-Whole meeting Minutes. Mr. Slagel seconded the motion and it was approved unanimously.

Items for Final Committee Consideration: Consent Items:

2. Authorization to Convey DART-Owned Property Located in Rowlett to the City ofRowlett for the Blue Line ExpansionMs. Wilkins motioned for approval of draft resolution stating that thePresidentlExecutive Director or his designee is authorized to execute the necessarydocuments to convey DART Parcels, as described in Exhibit 1, to the City ofRowlett.Mr. Chrisman seconded the motion and it was approved unanimously.

3. Authorization to Convey Easements to Oncor Electric Delivery Company LLC forthe CNG ProjectMs. Wilkins motioned for approval of draft resolution stating that thePresidentlExecutive Director or his designee is authorized to execute the necessarydocuments to convey easements as described in Exhibit 1, to Oncor Electric DeliveryCompany LLC.Mr. Tsao seconded the motion and it was approved unanimously.

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4. Approve an Interlocal Agreement (lLA) between North Central Texas Council ofGovernments (NCTCOG), DART, and City of Dallas Related to Procurement andFinancial Matters for Implementation of the Dallas TIGER-funded ModernStreetcar ProjectMs. Wilkins motioned for approval of draft resolution stating that thePresidentlExecutive Director or his designee is authorized, subject to legalsufficiency review and approval, to execute an Interlocal Agreement betweenNCTCOG, DART, and City of Dallas Related to Procurement and FinancialMatters for Implementation of the Dallas TIGER-funded Modern Streetcar Project,substantially in the form attached to the resolution as Exhibit 1.Mr. Velasco seconded the motion and it was approved unanimously.

5. Local Assistance Program (LAP) - Program Modification Request for the City ofCockrell HillMr. Carlson motioned for approval of draft resolution stating that the LocalAssistance Program/Congestion Management System (LAP/CMS) reprogrammingrequest for the City of Cockrell Hill, as contained in Exhibit 1, is approved.Mr. Tsao seconded the motion and it was approved unanimously.Mr. Gary Thomas, PresidentlExecutive Director, took a moment to introduceMs. Carol Wise, Executive Vice President/Chief Operations Officer.

6. Contract for Inspection and Maintenance Services for Lift EquipmentMs. Ellerbe motioned for approval of draft resolution stating that thePresidentlExecutive Director or his designee is authorized to award a three-yearcontract for inspection and maintenance service for lift equipment to A & FElevator Company, Inc., for a total authorized amount not to exceed $575,190.Mr. Chrisman seconded the motion and it was approved unanimously.

7. Contract for Bus Engine Lubricating OilsMs. Ellerbe motioned for approval of draft resolution stating that thePresidentlExecutive Director or his designee is authorized to award a two-yearcontract for bus engine lubricating oils to Jesse P. Taylor Oil Co. for a totalauthorized amount not to exceed $1,000,350.Mr. Slagel seconded the motion and it was approved unanimously.

8. Contract Option for Self-insured Dental Insurance for DART Employees and TheirEligible DependentsMr. Velasco motioned for approval of draft resolution stating that thePresidentlExecutive Director or his designee is authorized, subject to legalsufficiency review and approval, to exercise a contract option for dental insurancewith Delta Dental Insurance Company [Contract No. C-I016416-01] to:Section 1: Exercise the one-year option.Section 2: Increase the not-to-exceed amount by $102,348, for a new total

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Mr. Slagel seconded the motion and it was approved unanimously.9. Contract Option for Self-Insured Medical Insurance for DART Employees, Retireesand Their Eligible Dependents

Mr. Velasco motioned for approval of draft resolution stating that thePresidentlExecutive Director or his designee is authorized, subject to legalsufficiency review and approval, to exercise a contract option for medical insurancewith Aetna [Contract No. C-1016416-03] to:Section 1: Exercise the one-year option.Section 2: Increase the not-to-exceed amount by $1,670,936, for a new totalauthorized amount not to exceed $6,337,071.Mr. Cheney seconded the motion and it was approved unanimously.

10. Initiation of Litigation to Recover Property DamageMr. Velasco motioned for approval of draft resolution stating that therecommendation of the General Counsel to initiate litigation againstHumberto Gamino-Nunez and Acosta Construction to recover propertydamage in Risk Management Claim No: R03769 is approved.Mr. Cheney seconded the motion and it was approved unanimously.

11. Contract Option for Health & Welfare Consulting ServicesChair Danish stated that this was an item that was unanimously approved in theAdministrative Committee, chaired by Mr. Carrizales.Mr. Cheney stated his concerns and inquired what is being done in the body of thecontract that is causing the increased amount. He felt that there was not enoughinformation to approve forwarding this item; therefore, he would vote against forwardingit.Chair Danish inquired as to what the time sensitivity for this issue was.Ms. Lynda Jackson, Vice President of Human Resource, replied that she would respondto Mr. Cheney's inquiries. Ms. Jackson briefed the committee as follows: Health Welfare Consulting Contract AnalysisMs. Wilkins stated she was concerned that DART would pay a person from this companyto write a Request for Proposal (RFP) that this company would be bidding on. Ms.Jackson replied that would not occur because the DART Board had already approved theextension item that eliminated the need to issue an RFP. Ms. Wilkins then asked if it wasstandard for DART to use a consultant to write an RFP. Ms. Jackson affirmed andclarified that it was done for both the medical and the dental.Chair Danish inquired if this item could be revisited at the April loth meeting. Ms.Jackson replied yes.Ms. Wilkins asked a member of the Administrative committee to give further direction onthis item. Mr. Christian stated that Ms. Jackson had responded to the issues that theAdministrative committee had inquired about in regards to the dental and the amount of

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the cost of the option year and the timing of the sensitive time items, if a decision wasmade by the Board.Mr. Chrisman motioned for approval of draft resolution stating that thePresidentlExecutive Director or his designee is authorized to, subject to legalsufficiency review and approval, to execute to exercise a contract option for healthand welfare benefits consulting services with Buck Consultants, LLC, [Contract No.C-I016200-01] to:Section 1: Extend the contract term by 6-months.Section 2: Increase the not-to-exceed amount by $145,000, for a new totalauthorized amount not to exceed $704,915. (with Minus the $55)Mr. Slagel seconded the motion and it was approved unanimously.Ms. Cheney remarked that part of the reason he became so concerned was that it seemedthat on the short time he has been on the Board that they are offered the opportunity toapprove options or extensions of contracts when the time is at an end. His concern is thatthe Board is not given sufficient time to decide if an option might be extended or whetherit ought to go out as a new RFP for rebid. Mr. Cheney felt that staff ought to do a betterjob of tracking where DART stands on its options and renewals of contracts in order toget them to the Board on a timely basis. Mr. Thomas responded that a presentation wasgiven by Mr. John Adler, Vice President of Procurement, on this topic to the Board. Hestated that although the Board may not be approving the option year, they are approvingthe dollars upfront in the agenda reports. Mr. Thomas stated that staff would back theoption approvals up so that the Board would have more time. Mr. Cheney stated that hewas not questioning the front end of the contracts when it is a three-year contract; he feltthat the Board is not given enough data and facts to make an informed decision. Mr.Cheney requested to see a more in depth presentation on the economics of the optionperiod as opposed to grunt level dollars compared to base periods.Mr. Velasco remarked that he recalled that there used to be an RFP calendar and inquiredif one was still available. Mr. Steve Salin, Vice President of Rail Planning stated that itwas now located on-line.

12. Approval of a Site-Specific Shuttle Agreement with McKinney Avenue TransitAuthority (MATA)Mr. Carlson moved to approval of a draft resolution stating that thePresidentlExecutive Director or his designee is authorized to execute a two-yearsite specific shuttle service agreement with the McKinney Avenue TransitAuthority in the amount not to exceed $650,000, and in substantially theform shown in Exhibit 1Mr. Tsao seconded the motion and it was approved unanimously.

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Items for Initial Committee Consideration:13. Authorization to Execute a License Agreement with Collin County for an At-Grade

Road CrossingMr. Chrisman inquired for further infonnation on the closing of two crossing that wouldbe credited toward this crossing.Ms. Nonna De La Garza-Navarro, Vice President of Commuter Rail, replied that DARThad a broad policy, but have a practice of asking for two closures for everyone that isopened.Mr. Christian inquired if there were any legal issues due to the lack of policy. Ms. De LaGarza-Navarro restated that the DART policy was broad enough to mention the need toeliminate or reduce the number of crossings although it does not specifically mention atwo for one crossing.Chair Danish inquired where the location of the crossing was. Ms. De La Garza-Navarrostated it was in Melissa, TX.Mr. Tsao inquired as to the geographic location of the crossing. Ms. De La GarzaNavarro restated the location was approximately 38 miles from Dallas, TX.Ms. De La Garza-Navarro briefed the committee (slides on file with the Office of BoardSupport) as follows: Map of Collin County City of Dallas Road ClosuresMr. Tsao asked if there was a cost associated with this crossing. Ms. De La GarzaNavarro stated DART would not be responsible for any of the cost which would behandled be Collin County.Ms. Ellerbe motioned to move forward to the Committee of the Whole FinalConsideration Consent Agenda a draft resolution stating that thePresidentlExecutive Director or his designee is authorized to execute a LicenseAgreement with Collin County for construction of an At-Grade Railroad crossing tobe known as Collin County Outer Loop Segment 1, as shown on Exhibit 1 to thisresolution.Mr. Slagel seconded the motion and it was approved unanimously.

14. Exercise Contract Option for 12-Volt Maintenance-Free Bus BatteriesMs. Ellerbe motioned to move forward to the Committee of the Whole FinalConsideration Individual Agenda a draft resolution stating that thePresidentlExecutive Director or his designee is authorized to execute a contractoption for 12-volt maintenance-free batteries wi th Stewart and Stevenson [ContractNo. C-I017755-01] to:Section 1: Exercise the final one-year option.Section 2: Increase the not-to-exceed amount by $165,660, for a new totalauthorized amount not to exceed $472,038.


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Mr. Chrisman seconded the motion and the item was forwarded by a majority votewith Mr. Cheney abstaining.Mr. Cheney requested information on the number of batteries being purchased and theprice of batteries to confirm that comparisons are made.

15. *Current and Future Regional Transportation Council Meeting Agenda Items ofInterest to DARTMr. Michael Miles, Senior Manager of Government Relations, briefed the Committee(slides on file with the Office ofBoard Support) as follows: RTC Meeting Update Agenda RTC Legislative Subcommittees Transportation Funding Initiative Timeline Revenue Options Subcommittee #1 - Legislative Fundamentals Subcommittee #2 - Partnerships Subcommittee #3 - Funding Source Subcommittee #4 - Legislative & Communications

Mr. Strauss entered the meeting at 5:03 p.m. March 8 RTC Meeting JAiRC & New Freedom Project RecommendationsChair Danish requested that the acronyms of JARC be given. Mr. Miles replied thatJARC stood for Job Access and Reverse Commute.Ms. Wilkins remarked that the Garland City Council questioned if DART was inconjunction with the City ofMesquite in requesting funding for the service that DART isproviding. Mr. Todd Plesko, Vice President of Planning and Development, respondedthat the City ofMesquite had made that request from the North Central Texas Council ofGovernment (NCTCOG) in relation to the service that DART operates in conjunctionwith them; however, DART was not part of the grant. Mr. Plesko further explained thatthe grants that other entities were searching for were for service that was not operated byDART.Mr. Slagel requested an explanation on the process for the projects. Mr. Miles explainedthe process in detail.Mr. Christian inquired how the funds were allocated to the cities' projects in regards tothe funding. Mr. Miles stated that he was unable to give an educated answer to thatquestion; however, he would inquire. JAiRC & New Freedom Project Recommendations (continued) Speedway Line Map


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Mr. Cheney requested further information and support in regards to the Board's decisionof the City of Mesquite's service. He inquired when would the Board reevaluate itsdecision. Chair Danish referenced the details of the resolution for the Mesquite serviceand stated that there was no data yet to base a decision. Mr. Cheney replied heunderstood all his arguments; however, Garland's City Council had requested hispresence to elaborate on DART's decision several times. Mr. Cheney stated that theyhave once again requested he appear at their work session. Garland's City Council hadrequested he attend the day before, unfortunately, he was unable to attend; the nextmeeting date he must attend will be Monday, April 2, 2012 to justify DART Board'sactions on the Mesquite model that they had rejected. Mr. Cheney remarked that thiswill be the 5th or 6th consecutive month that he has been asked to appear before the CityCouncil.Mr. David Schulze, Assistant General Counsel, interjected that a complete discussion onthe Mesquite service was beyond the subject matter that was posted and counseledagainst any further in-depth discussion. He encouraged that it be posted for a fulldiscussion at another meeting and return to the item at hand.Chair Danish asked the Board to consider on Agenda Item 16., Identification of FutureAgenda Items, taking a majority vote in the near future on whether or not the Mesquitemodel should be entertained before at least one quarter of data is received.Mr. Cheney agreed, while he felt that Chair Danish's discussion at this point is onlyrelated to operating costs and expense analysis. He stated it was not dealing with someform of a capital contribution, which is the bone of contention. Mr. Cheney stated that ifthe model is brought back for discussion, it should be brought back with some discussionof that and he felt the City of Garland would be in agreement. Mr. Thomas replied thathe would have staff explain how the policy was created, which does include capitalappreciation.Ms. Wilkins inquired, in regards to the $2B that the Texas Department of Transportation(TxDOT) reported found, if a discussion was coming up in a forum. Mr. Miles stated thatit was announced in the Regional Transportation Council (RTC) February meeting andthat infom1ation was mentioned at that point; his understanding was that the money wasstate funding that was primarily for highway commitments. Ms. Wilkins remarked thatalthough staff is probably working on submitting projects, if DART does not submit somethings quickly, the money will be allocated to someone else. Mr. Miles replied that Ms.Wilkins brought up a good point. He stated that he was unsure how they could intervene,

23 rdhowever, their first opportunity would be on Friday, March at the SurfaceTransportation Technical Committee (STTC) meeting were the agenda items will bereviewed again. Mr. Miles said they could raise those questions at that time. Ms.Wilkins stated, with all due respect to the staff, sometimes she felt that DART should beproactive especially when it comes to NCTCOG, because every time she hears a report ofwhat is transpiring with them, she hears it after the decisions have been made.Mr. Chrisman opinioned that it seemed that the RTC did things their own way with noregard for others' opinions. In regards to the 66% that should stay in Dallas County, itsomehow gets voted piecemeal into a majority for Tarrant County. Mr. Chrismaninquired how many votes DART had. Mr. Miles explained there were a total of 43members on the RTC and each one is a voting member. Mr. Chrisman asked if DART


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only has one vote. Mr. Miles agreed, but elucidated that the each member city also hadrepresentative which made it a larger entity. Mr. Chrisman inquired how many votes dothe member cities have versus the total. Mr. Miles stated the total was 18 votes of the 43votes for the member cities. Mr. Chrisman then asked if they were meeting before theRTC meetings occurred. Mr. Miles replied that they meet quarterly due to dealing withelected officials and a number of DART Board members have attended these meetings.Mr. Chrisman stated he understood the need for the quarterly meeting, however, he feltthe meetings may need to occur more often.Ms. Ellerbe stated one of her questions was answered in regards to DART applying fornine projects and only getting one approved, which was for bus route 404. She inquired ifthe money is for reverse commute, and DART is primarily the provider, how comeDART does not receive the money. Then DART can make the arrangement with the nonmember cities instead of giving it to the non-member cities to circumvent DART'srequirement to be a melnber city. Mr. Miles responded that therein lies the question ofthe regional issue. Ms. Ellerbe asked if that question has ever been asked.Mr. Slagel interjected his belief is that these are federal funds and federal funds arerequired to be allocated by an Metropolitan Planning Organization (MPO) and the RTC isthe independent transportation policy body of the MPO. He stated that these were federalfunds and under those guidelines, the funds would not come to DART to allocate. Ms.Ellerbe replied that she was not referencing to the allocation of the funds. She felt that ifsomeone was going to encourage reverse commute, than that someone should be payingthe provider some revenue. She felt that the alliance did not make any sense to hereither. She stated that she agreed with Mr. Chrisman's sentiments and then voiced herconcerns that a small group of people are able to determine where billions of dollars areallocated.Mr. Slagel remarked that the RTC should not be a mystery. He stated that it was set upso that it is represented reasonably evenly across the region, however it does not givefavor to the transportation authorities. He understood that everyone battles with thatrepresentation. He stated that if DART continues to be as active as possible in thedecisions that are being brought forth, then DART can make an impact on how theprocess works.Ms. Ellerbe stated that she agreed that DART needed to find a way to work together. Sheremarked with all due respect to Mr. Slagel, some transit entities do get funds from theMPO.Mr. Tsao echoed Mr. Slagel earlier remarks. He suggested that in the future, during theRTC Luncheons, DART ought to bring more direction on agenda items instead ofcontinuous briefing items. He seconded the words of Mr. Slagel and stated that DARTshould be proactive in a more unified force to influence the process of the RTC.

Other Items:16. Identification of Future Agenda Items

Chair Danish reiterated his request that the Board take a majority vote in the near futureon whether or not the Mesquite model should be entertained before at least one quarter ofdata is received.


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17. AdjournmentThere being no further business to discuss, the meeting was adjourned at 5:43 p.m.

~ ~ a osefina Chavira, CAP Board/Committee Secretary /jc* Briefing Item+ Same Night Item @ Unanimous Approval at Committee

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Agenda ReportCommittee-of-the-Whole

Voting Requirements:Majority

DATE: April 10, 2012

SUBJECT:

Authorization to Execute a License Agreement with Collin County for anAt-Grade Road Crossing

RECOMMENDATION

Approval of a resolution that will authorize the President/Executive Director or his designee to executea License Agreement with Collin County for construction of an at-grade railroad crossing to be known

as Collin County Outer Loop Segment 1, as shown on Exhibit 1 to the Resolution.

COMMITTEE CONSIDERATIONS

. On March 6, 2012 the Security, Safety, Public Relations & Operations Committee moved toforward this item to the March 20, 2012 Committee-of-the-Whole Agenda for InitialConsideration.

. On March 20, 2012 the Committee-of-the-Whole moved to forward this item to the April 10,2012 Committee-of-the-Whole for Final Consideration.

FINANCIAL CONSIDERATIONS

. DART shall incur no cost for this License Agreement with Collin County, nor any cost for thedesign and construction of the grade crossing.

BUSINESS PURPOSE

. Railroad Management staff received a request in December 2006 from Collin County forpreliminary review of alignment of a new road.

. Approval of this resolution will help achieve the Board Strategic Priority II: Manage SystemDevelopment and Maintain Infrastructure.

. On February 27, 1996 (Resolution No. 960033), the Board approved the DART Rail CorridorPreservation and Use Policy, which states that DART shall retain all existing railroad corridorswith at least a 100-foot width where possible. The policy further states that the corridors should

be managed to reduce the number of public and private at-grade crossings by closure of streetcrossings or elimination of railroad activity.

. The alignment would be known as Collin County Outer Loop Segment 1. This new Segment is a

AGENDA ITEM NO. 2

License Agreement w/Collin Co for road crossing-COTW2 3/22/2012 10:08:35 AM1

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4.6 mile section between US-75 and SH-121. This proposed crossing is part of the futurewest-bound frontage road. The Outer Loop would eventually consist of grade separated mainlanes, with frontage roadways at-grade. The future east-bound frontage and main lanes are to be

built when traffic conditions warrant, possibly 10-20 years.

. In April 2009, DART sent application and procedures to Collin County for formal review of theOuter Loop plans. DART also notified Collin County of the "2 for 1" practice.

. Design plans were reviewed and approved by DART Engineering in December 2009, with theprovision for closure of 2 roads to open 1 new road.

. In February 2011, Collin County, aware of the DART "2 for 1" practice, elected to constructportions of the roadway not affected by DART policy and work on finding the two roads to close.

. In October 2011, Collin County met with City of Dallas to discuss the Collin County Outer Loopand requested the use of two City of Dallas Road Closures to meet DART's "2 for 1" requirement.The City agreed to transfer two of the City's closures to Collin County.

. On February 8, 2012, the City of Dallas approved a Council Resolution to transfer two closedroadways, named Walters Lane and Oak Downs Avenue, within the DART service area, to Collin

County.

. Collin County requests the use of the two closed roads (controlled by the City of Dallas) as theirfulfillment of DART's "2 for 1" practice for the opening of Collin County Outer Loop Segment 1at-grade crossing.

LEGAL CONSIDERATIONS

Section 452.054 of the Texas Transportation Code authorizes DART to acquire, by any means,property necessary, convenient, or useful to the exercise of DART's powers.

DART's Rail Corridor Presrvation and Use Policy, Resolution No. 960033 dated February 27, 1996,states that DART's rail corridors should be managed to reduce the number of public and privateat-grade crossings by closure of the street crossing or elimination of railroad activity.

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DRAFT

RESOLUTION

of the

DALLAS AREA RAPID TRANSIT BOARD

(Executive Committee)

Authorization to Execute a License Agreement with Collin County for an At-Grade RoadCrossing

WHEREAS, on February 27, 1996 (Resolution No. 960033), the Board approved the DART RailCorridor Preservation and Use Policy, which states that DART shall retain all existing railroadcorridors with at least a 100-foot width where possible. The policy further states that the corridorsshould be managed to reduce the number of public and private at-grade crossings by closure of streetcrossings or elimination of railroad activity; and

WHEREAS, DART has reviewed and approved the application and engineering plans for the CollinCounty Outer Loop Segment 1 at-grade road crossing; and

WHEREAS, DART considers the two roads (Walters Lane and Oak Downs Avenue) that CollinCounty proposes to use as "closed at-grade crossings", to be properly closed; and

WHEREAS, the license agreement has no financial impact on DART.

NOW, THEREFORE, BE IT RESOLVED by the Dallas Area Rapid Transit Board of Directors thatthe President/Executive Director or his designee is authorized to execute a License Agreement withCollin County for construction of an at-grade railroad crossing to be known as Collin County Outer

Loop Segment 1, as shown on Exhibit 1 to this resolution.

License Agreement w/Collin Co for road crossing-COTW2 1

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Authorization to Execute a License Agreement with Collin County for an At-Grade Road Crossing

Vice PresidentCommuter Rail and Railroad Management

Approved by: U .T l m o t h y H.Senior Vice PresidentRail Program Development

Approved as to form: H)TattYeQSi,lnmonsGeneral CounselApproved by:

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CityofDallasRoadClosures

FormerlyOakDownsDr.FormerlyWaltersLn.

Li censeAgreement w/ Col l i nCoforroadcrossi ngCOTW2

3/ 22/ 201210:08:35AM

1

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Attachment:1. Location Maps



SUBJECT:

Multiple Use Agreement between DART and Texas Department ofTransportation (TxDOT) to Permit DART to Construct, Maintain andOperate the DART LRT Orange Line within TxDOT Highway Rights-of-WayLocated on the Irving-1 and Irving-2 Line Sections

RECOMMENDATION

Approve a resolution authorizing the President/Executive Director or his designee to execute aMultiple Use Agreement, substantially in the form attached to the resolution as Exhibit 1, with TxDOTto permit DART to construct, maintain and operate the DART LRT Orange Line within TxDOTrights-of-way located on the Irving-1 and Irving-2 Line Sections.


. On March 20, 2012 the Rail Program Committee moved to forward this item to the April 10, 2012Committee-of-the-Whole for Final Consideration.


. There is no financial impact to DART by entering into this agreement.

. DART's responsibilities for construction, maintenance and operations under this agreement aresubstantially similar to our responsibilities for construction, maintenance and operations of anylight rail segment and as such, any associated costs are included in the DFW/Irving project budgetand the LRT Capital and Operating Expense line items of the FY 2012 Twenty-Year FinancialPlan.

BUSINESS PURPOSE

. On November 14, 1995 (Resolution No. 950260), the Board approved the Transit System Planthat includes the DFW/Irving Corridor (Orange Line).

. The Multiple Use Agreement covers the DART LRT Orange Line within TxDOT rights-of-way;Loop 354, Spur 482, IH-35E, Loop 12, SH 114, Spur 348 and SH-161. The use of the property isat no cost to DART.

. DART is currently under construction in the DFW/Irving corridor, with revenue service for I-1scheduled for July 30, 2012, and December 13, 2012, for I-2.

AGENDA ITEM NO. 3

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. Approval of this agreement will help achieve the Board Strategic Priority II: Manage SystemDevelopment & Maintain Infrastructure.

. The Board has been mailed a confidential packet under separate cover outlining the details of theproposed agreement.


Section 452.054(a) of the Texas Transportation Code, grants Dallas Area Rapid Transit (DART)authority to exercise all powers necessary or useful in the construction, repair, maintenance oroperations of the public transportation system.

The Interlocal Cooperation Act, Chapter 791 of the Texas Government Code grants DART authority tocontract or agree with another local government to perform governmental functions and services.


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DRAFTRESOLUTION

of theDALLAS AREA RAPID TRANSIT BOARD

(Executive Committee)Multiple Use Agreement between DART and Texas Department of Transportation (TxDOT) to

Permit DART to Construct, Maintain and Operate the DART LRT Orange Line within TxDOT Highway Rights-of-Way Located on the Irving-l and Irving-2 Line Sections WHEREAS, on November 14, 1995 (Resolution No. 950260), the Board approved the TransitSystem Plan that includes the DFWIIrving Corridor (Orange Line); andWHEREAS, Line Sections I-I and 1-2 are in the DFW/Irving Corridor and construction is underway;andWHEREAS, DART has requested the State of Texas (TxDOT) to permit construction, maintenanceand operation of the DART LRT Orange Line within TxDOT rights-of-way located on the Irving-land Irving-2 Line Sections; andWHEREAS, funding for the associated real estate activities is within current Budget and FY 2012Twenty-Year Financial Plan.NOW, THEREFORE, BE IT RESOLVED by the Dallas Area Rapid Transit (DART) Board ofDirectors that the PresidentlExecutive Director or his designee is authorized to execute a MultipleUse Agreement, substantially in the form attached hereto as Exhibit 1, with Texas Department ofTransportation (TxDOT) to permit DART to construct, maintain and operate the DART LRT OrangeLine within TxDOT rights-of-way located on the Irving-l and Irving-2 Line Sections.

Preparedbri --t1 #ITimothy H. McKay, .E.Senior Vice PresidentRail Program DevelopmentApproved as to form:

Approved by;'

Multiple Use Agreement between DARTand TxDOT in Irving

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DART Parcels for Multiple Use Agreement with TxDOT

Parcel Size Property Rights

I1-03A(E) 235,704 Multiple Use Agreement

I1-08E3 27,237 Multiple Use Agreement

I1-10B-1 14,238 Multiple Use Agreement

I1-10B-4 4,373 Multiple Use Agreement

I1-12 433,327 Multiple Use Agreement

I1-25-1 10,214 Multiple Use Agreement








I2-50A-1E 1,253 Multiple Use Agreement

I2-50A-2E 902 Multiple Use Agreement




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Form 2044 (Rev. 04/2010)(GSD-EPC)Page 1 of 8

MULTIPLE USE AGREEMENT

ForDART Orange Line

STATE OF TEXAS

COUNTY OF TRAVIS

THIS AGREEMENT made by the State of Texas by and between the Texas Department ofTransportation, hereinafter referred to as State, party of the first part, and Dallas Area Rapid Transithereinafter called DART, party of the second part, is to become effective when fully executed by bothparties.

WITNESSETH

WHEREAS, on the ____ day of ___________ , 20___ , the governing body for the _______

______________, entered into Resolution/Ordinance No. ______________, hereinafter identified byreference, authorizing DARTs participation in this agreement with the State; and

WHEREAS, DART has requested the State to permit the construction, maintenance andoperation of a public Light Rail Transit Line on the highway right of way of Loop 354, Spur 482,IH35E, Loop 12, SH 114, Spur 348 and SH 161, referred to as the DART Orange Line, showngraphically by the preliminary conceptual site plan in Exhibit A and being more specifically describedby metes and bounds of Exhibit B, which are attached and made a part hereof; and

WHEREAS, the State has indicated its willingness to approve the establishment of suchfacilities and other uses conditioned that DART will enter into agreements with the state for thepurpose of determining the respective responsibilities of DART and the State with reference thereto,and conditioned that such uses are in the public interest and will not damage the highway facilitiesimpair safety, impede maintenance or in any way restrict the operation of the highway facility, all asdetermined from engineering and traffic investigations conducted by the state.

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1. DESIGN AND CONSTRUCTION

AGREEMENT

NOW, THEREFORE, in consideration of the premises and of the mutual covenants andagreements of the parties hereto to be by them respectively kept and performed as hereinafter setforth, it is agreed as follows:

DART

2. INSPECTION

has provided for the construction plans for the facility, and has provided for the constructionwork of the rail installation as required by said plans at no cost to the State. Said plans shall includethe design of the access control, necessary horizontal and vertical clearances for highway structuresrail facilities, adequate landscape treatment, adequate detail to ensure compliance with applicablestructural design standards, sufficient traffic control provisions, and general layout. Completed planswill be submitted to State for review and approval and when approved shall be attached to theagreement and made a part thereof in all respects. Construction shall not commence until plans havebeen approved by the State. Any future revisions or additions shall be made after prior writtenapproval of the State.

Ingress and egress shall be allowed at all times to such facility for Federal Highway Administrationpersonnel and State Forces and equipment when highway maintenance operations are necessary,and for inspection purposes; and upon request, all parking or other activities for periods required forsuch operations will be prohibited.

3. PARKING REGULATIONSParking regulations shall be established limiting parking to single unit motor vehicles of size andcapacity no greater than prescribed for 11/2 ton trucks, such vehicles to conform in size and use togoverning laws. Parking shall be permitted only in marked spaces

Parking shall be prohibited when a security threat, as determined by TxDOT, exists.

4. PROHIBITION/SIGNSRegulations shall be established prohibiting the parking of vehicles transporting flammable orexplosive loads and prohibiting use of the area in any manner for peddling, advertising or otherpurposes not in keeping with the objective of a public facility. The erection of signs other than thoserequired for proper use of the area will be prohibited. All signs shall be approved by the State prior tothe actual erection.

5. RESPONSIBILITIESMaintenance and operation of the light rail facility shall be entirely the responsibility of DART. Suchresponsibility shall not be transferred, assigned or conveyed to a third party without the advancedwritten approval of the State. Further, such responsibility shall include picking up trash, mowing andotherwise keeping the light rail facility in a clean and sanitary condition, and surveillance by policepatrol to eliminate the possible creation of a nuisance or hazard to the public. Hazardous ounreasonably objectionable smoke, fumes, vapor or odors shall not be permitted to rise above thegrade line of the highway, nor shall the light rail facility subject the highway to hazardous orunreasonably objectionable dripping, droppings or discharge of any kind, including rain or snow.

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DART will be responsible for all maintenance of the light rail facility and any additional maintenancework deemed by the State to be required as a result of the use of the State right of way. DART wilbe responsible for any and all repairs for any portion of highway or structures within the State right ofway that are damaged and/or otherwise compromised as a result of the construction of the light rai

system by DART and to any structure, any sign foundation, guardrail or other appurtenance in theState right of way.

DART will be responsible for any and all required utility relocations or adjustments that are directlydue to the light rail tract construction within the State right of way.

6. FEESAny fees levied for use of the facilities in the area shall be nominal and no more than are sufficient todefray the cost of construction, maintenance and operations thereof, and shall be subject to Stateapproval.

A. Retention Period. DART shall maintain all books, documents, papers, accounting recordsand other evidence pertaining to fees collected and costs (hereinafter called the Records).DART shall make the records available during the term of the Agreement and for four yearsfrom the date the Agreement is terminated, until completion of all audits, or until pendinglitigation has been completely and fully resolved, whichever occurs last.

B. Availability. The State or any of its duly authorized representatives, the Federal HighwayAdministration, the United States Department of Transportation, Office of Inspector Generaland the Comptroller General shall have access to DARTs records that are directly pertinent tothis Agreement for the purpose of making audits and examinations.

7. TERMINATION UPON NOTICEThis provision is expressly made subject to the rights herein granted to both parties to terminate thisagreement upon notice, and upon the exercise of any such right by either party, all obligations hereinto make improvements to said facility shall immediately cease and terminate.

8. MODIFICATION/TERMINATION OF AGREEMENTIf in the sole judgment of the State it is found at any future time that traffic conditions have sochanged that the existence or use of the facility is impeding maintenance, damaging the highwayfacility, impairing safety or that the facility is not being properly operated, that it constitutes anuisance, is abandoned, or if for any other reason it is the States judgment that such facility is not inthe public interest, this agreement under which the facility was constructed may be : (1) modified icorrective measures acceptable to both parties can be applied to eliminate the objectionable featuresof the facility; or (2) terminated and the use of the area as proposed herein discontinued.

9. PROHIBITION OF STORAGE OF FLAMMABLE MATERIALSAll structures located or constructed within the area covered by the agreement shall be fire resistantThe storage of flammable, explosive or hazardous materials is prohibited. Operations deemed to bea potential fire hazard shall be subject to regulation by the State.

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10. RESTORATION OF AREADART shall provide written notification to the State that such facility will be discontinued for thepurpose defined herein. DART shall, within sixty (60) days from the date of said notification, clear thearea of all facilities that were its construction responsibility under this agreement and restore the areato a condition satisfactory to the State.

11. PREVIOUS AGREEMENTSIt is understood that this agreement in no way modifies or supersedes the terms and provisions of anyexisting agreements between the parties hereto.

12. INDEMNIFICATIONEach party acknowledges that it is not an agent, servant, or employee of the other party. Each partyis responsible for its own acts and deeds and for those of its agents, servants, or employees.

Neither party hereto intends to waive, relinquish, limit or condition its right to avoid any such liabilityby claiming its governmental immunity.

When notified by the State to do so, the other party hereto shall within thirty (30) days from receipt ofthe States written notification pay the State for the full cost of repairing any damages to the highwayfacility which may result from its construction, maintenance or operation of the facility, and shalpromptly reimburse the State for costs of construction and/or repair work made necessary by reasonof such damages.

Nothing in this agreement shall be construed as creating any liability in favor of any third party againstthe State and DART. Additionally, this agreement shall not ever be construed as relieving any thirdparty from any liability against the State and DART shall become fully subrogated to the State andshall be entitled to maintain any action over and against the third party which may be liable for havingcaused DART to pay or disburse any sum of money hereunder.

13. HOLD HARMLESSDART shall indemnify and save harmless the State and its officers and employees from all claims andliability due to its materials or activities of itself, its agents, or employees, performed under thisagreement and that are caused by or result from error, omission, or negligent act of the party or ofany person employed by the party. DART shall also indemnify and save harmless the State from anyand all expense, including but not limited to attorney fees that may be incurred by the State inlitigation or otherwise resisting the claim or liabilities that may be imposed on the State as a result ofsuch activities by DART, its agents, or employees authorized under this agreement. DART furtheagrees to indemnify and save harmless the State from and against all claims, demands, and causesof action of every kind and character brought by any employee of the party against the State due to

personal injuries and/or death to such employee resulting from any alleged negligent act by eithercommission or omission on the part of the DART. The indemnification of the State shall extend for aperiod of three (3) years beyond the date of termination of this agreement.

14. INSURANCEDART, shall provide necessary safeguards to protect the public on State maintained highwaysincluding adequate insurance for payment of any damages which might result during the constructionmaintenance and operation of the facility occupying such airspace or thereafter, and to save the Stateharmless from damages, to the extent of said insurance coverage and insofar as it can legally do soPrior to beginning work on the States right of way, DARTs construction contractor shall submit to the

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State a completed insurance form (TxDOT Form No. 1560) and shall maintain the required coverageduring the construction of the facility.

15. USE OF RIGHT OF WAYIt is understood that the State by execution of this agreement does not impair or relinquish the States

right to use such land for highway purposes when it is required for the construction or re-constructionof the traffic facility for which it was acquired, nor shall use of the land under such agreement ever beconstrued as abandonment by the State of such land acquired for highway purposes, and the Statedoes not purport to grant any interest in the land described herein but merely consents to such use tothe extent its authority and title permits.

16. ADDITIONAL CONSENT REQUIREDThe State asserts only that it has sufficient title for highway purposes. DART shall be responsible foobtaining such additional consent, permits or agreement as may be necessary due to this agreement.This includes, but is not limited to, appropriate permits and clearances for environmental, ADA andpublic utilities.

17. FHWA ADDITIONAL REQUIREMENTSIf the Facility is located on the Federal-Aid Highway System, ATTACHMENT A, which statesadditional requirements as set forth in the Federal Highway Administrations Title 23, Code of FederaRegulations, 710, shall be attached to and become a part of this agreement.

18. CIVIL RIGHTS ASSURANCESDART, for itself, its personal representatives, successors and interests and assigns, as part of theconsideration hereof, does hereby covenant and agree as a covenant running with the land that: (1)no persons, on the grounds of race, color, sex, age, national origin, religion or disabling condition,shall be excluded from participation in, be denied the benefits of, or be otherwise subjected todiscrimination in the use of said facility; (2) that in the construction of any improvements on, over orunder such land and the furnishing of services thereon, no person on the ground of race, color, sexage, national origin, religion or disabling condition, shall be excluded from participation in, denied thebenefits of, or otherwise be subjected to discrimination; (3) that DART

In case one or more of the provisions contained in this agreement shall for any reason be held invalidillegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any

shall use the premises incompliance with all other requirements imposed by or pursuant to Title 49, Code of FederaRegulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-Assisted programs of the Department of Transportation - Effectuation ofTitle VI of the Civil Rights Act of 1964, and as said Regulations may be amended.

That if in the event of any breach of the above non-discrimination covenants, the State shall have theright to terminate the agreement and reenter and repossess said land and the facilities thereon, andhold the same as if said agreement had never been made or issued.

19. AMENDMENTSAny changes in the time frame, character or responsibilities of the parties hereto shall be enacted bya written amendment executed by both parties hereto.

20. LEGAL CONSTRUCTION

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provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceableprovision had never been contained in this agreement.

21. AUDITThe State may conduct an audit or investigation of any aspect of this agreement. DART must provide

the State with access to any information the State considers relevant to the investigation or auditThe audit can include, but is not limited to, any contract for construction or maintenance of any facilityor structure authorized by this agreement or any contract to provide a service to DART

Texas Department of Transportation

if that serviceis authorized by this agreement.

22. AUTHORITY OF STATE AUDITORThe state auditor may conduct an audit or investigation of any entity receiving funds from the statedirectly under the contract or indirectly through a subcontract under the contract. Acceptance ofunds directly under the contract or indirectly through a subcontract under this contract acts asacceptance of the authority of the state auditor, under the direction of the legislative audit committee,to conduct an audit or investigation in connection with those funds. An entity that is the subject of an

audit or investigation must provide the state auditor with access to any information the state auditorconsiders relevant to the investigation or audit.

23. NOTICESAll notices required under this agreement shall be mailed or hand delivered to the following respectiveaddresses:

STATE (Name of other party)(Mailing Address) (Mailing Address)

Dallas Area Rapid Transit

Maintenance Division Real Estate125 East 11th Street PO Box 660163

Austin, Texas 78701-2483 Dallas, TX 75266-7230

24. WARRANTSThe signatories to this agreement warrant that each has the authority to enter into this agreement onbehalf of the party represented.

List of Attached Exhibits:

Exhibit A - General Layout

Exhibit B - Metes and Bounds DescriptionExhibit C - Approved Construction PlansExhibit D - Certificate of Insurance (TxDOT Form 1560)Exhibit E - Attachment A (FHWA Additional Requirements)

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IN WITNESS WHEREOF, the parties have hereunto affixed their signature, the ___________

___________________ on the _______ day of ________________, 20_____, and the State

on the _______ day of __________________, 20_____.

Dallas Area Rapid Transit STATE OF TEXASExecuted and approved for the TexasTransportation Commission for the purposeand effect of activating and/or carrying outthe orders, and established policies or workprograms heretofore approved andauthorized by the Texas TransportationCommission.

By:

President/Executive Director

Gary C. Thomas

Printed Name

By:

Date Director, Maintenance Division

Printed Name

Date

APPROVAL RECOMMENDED:

District Engineer

William L. Hale, P.E.

Printed Name

Date

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(433,327 Square Feet)

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EXHIBIT E

Inasmuch as this project is on the Federal-Aid highway system, the following additional requirementsas applicable with the Federal Highway Administrations Title 23, Code of Federal Regulations, 710.

1. Any significant revision in the design or construction of the facility shall receive prior approval bythe Texas Department of Transportation subject to concurrency by the FHWA.

2. Any change in the authorized use of airspace shall receive prior approval by the TexasDepartment of Transportation subject to concurrence by the FHWA.

3. The airspace shall not be transferred, assigned or conveyed to another party without prior TexasDepartment of Transportation approval subject to concurrence by the FHWA.

4. This agreement will be revocable in the event that the airspace facility ceases to be used or isabandoned.

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Attachment:1. Location Maps



SUBJECT:

Multiple Use Agreement between DART and Texas Department ofTransportation (TxDOT) to Permit DART to Construct, Maintain andOperate the DART LRT Blue Line within TxDOT Rights-of-Way Located onthe Rowlett-1 Line Section

RECOMMENDATION

Approve a resolution authorizing the President/Executive Director or his designee to execute aMultiple Use Agreement,substantially in the form attached to the resolution as Exhibit 1, with TxDOTto permit DART to construct, maintain and operate the Blue Line within TxDOT rights-of-way locatedon the Rowlett-1 Line Section.


. On March 20, 2012 the Rail Program Committee moved to forward this item to the April 10, 2012Committee-of-the-Whole for Final Consideration.


. There is no financial impact to DART by entering into this agreement.

. DART's responsibilities for construction, maintenance and operations under this agreement aresubstantially similar to our responsibilities for construction, maintenance and operations of anylight rail segment and as such, any associated costs are included in the Rowlett-1 project budgetand the LRT Capital and Operating Expense line items of the FY 2012 Twenty-Year FinancialPlan.

BUSINESS PURPOSE

. On November 14, 1995 (Resolution No. 950260), the Board approved the Transit System Planthat includes the Rowlett Corridor (Blue Line).

. The Multiple Use Agreement covers the DART LRT Blue Line within TxDOT rights-of-waylocated on the Rowlett-1 Line Section, being parcels R1-94, R1-96, R1-99 and R1-107. The useof the property is at no cost to DART.

. DART is currently under construction in the Rowlett-1 Line Section, with revenue servicescheduled for December 13, 2012.

AGENDA ITEM NO. 4

Multiple Use Agreement between DART and TxDOT in Rowlett-COTW2 3/22/2012 9:55:52 AM1

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. Approval of this agreement will help achieve the Board Strategic Priority II: Manage SystemDevelopment & Maintain Infrastructure.

. The Board has been mailed a confidential packet under separate cover outlining the details of theproposed agreement.


Section 452.054(a) of the Texas Transportation Code, grants Dallas Area Rapid Transit (DART)authority to exercise all powers necessary or useful in the construction, repair, maintenance oroperations of the public transportation system.

The Interlocal Cooperation Act, Chapter 791 of the Texas Government Code grants DART authority tocontract or agree with another local government to perform governmental functions and services.


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Attachment 1


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DRAFTRESOLUTION

of theDALLAS AREA RAPID TRANSIT BOARD

(Executive Committee)Multiple Use Agreement between DART and Texas Department of Transportation (TxDOT) to Permit DART to Construct, Maintain and Operate the DART LRT Blue Line within TxDOT Rights-of-Way Located on the Rowlett-l Line Section

WHEREAS, on November 14, 1995 (Resolution No. 950260), the Board approved the TransitSystem Plan that includes the Rowlett Corridor (Blue Line); andWHEREAS, the Rowlett-1 Line Section construction is underway; andWHEREAS, DART has requested the State of Texas (TxDOT) to permit construction, maintenanceand operation of the DART LRT Blue Line within TxDOT rights-of-way; andWHEREAS, funding for the associated real estate activities is within current Budget and FY 2012Twenty-Year Financial Plan.NOW, THEREFORE, BE IT RESOLVED by the Dallas Area Rapid Transit (DART) Board ofDirectors that the PresidentlExecutive Director or his designee is authorized to execute a MultipleUse Agreement, substantially in the form attached hereto as Exhibit 1, with Texas Department ofTransportation (TxDOT) to permit DART to construct, maintain and operate the DART LRT BlueLine within TxDOT rights-of-way located on the Rowlett-1 Line Section.

Prepared bY:---1. .JJ d ! !hTimothy H. McKay, P.E.Senior Vice PresidentRail Program DevelopmentApproved as to form:

Approved by:

Multiple Use Agreement between DART and TxDOT in Rowlett 1

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DART Parcels for Multiple Use Agreement with TxDOT

Parcel Size Property Rights

R1-94 14,024 Multiple Use Agreement




EXHIBIT 1


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Form 2044 (Rev. 04/2010)(GSD-EPC)Page 1 of 8

MULTIPLE USE AGREEMENT

ForDART Blue Line

STATE OF TEXAS

COUNTY OF TRAVIS

THIS AGREEMENT made by the State of Texas by and between the Texas Department ofTransportation, hereinafter referred to as State, party of the first part, and Dallas Area Rapid Transithereinafter called DART, party of the second part, is to become effective when fully executed by bothparties.

WITNESSETH

WHEREAS, on the ____ day of ___________ , 20___ , the governing body for the _______

______________, entered into Resolution/Ordinance No. ______________, hereinafter identified byreference, authorizing DARTs participation in this agreement with the State; and

WHEREAS, DART has requested the State to permit the construction, maintenance andoperation of a public Light Rail Transit Line on the highway right of way of SH 66, SH 78, , referred toas the DART Blue Line R-1 Extension, shown graphically by the preliminary conceptual site plan inExhibit A and being more specifically described by metes and bounds of Exhibit B, which areattached and made a part hereof; and

WHEREAS, the State has indicated its willingness to approve the establishment of suchfacilities and other uses conditioned that DART will enter into agreements with the state for thepurpose of determining the respective responsibilities of DART and the State with reference thereto,and conditioned that such uses are in the public interest and will not damage the highway facilities,impair safety, impede maintenance or in any way restrict the operation of the highway facility, all asdetermined from engineering and traffic investigations conducted by the state.


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1. DESIGN AND CONSTRUCTION

AGREEMENT

NOW, THEREFORE, in consideration of the premises and of the mutual covenants andagreements of the parties hereto to be by them respectively kept and performed as hereinafter setforth, it is agreed as follows:

DART

2. INSPECTION

has provided for the construction plans for the facility, and has provided for the constructionwork of the rail installation as required by said plans at no cost to the State. Said plans shall includethe design of the access control, necessary horizontal and vertical clearances for highway structuresrail facilities, adequate landscape treatment, adequate detail to ensure compliance with applicablestructural design standards, sufficient traffic control provisions, and general layout. Completed planswill be submitted to State for review and approval and when approved shall be attached to theagreement and made a part thereof in all respects. Construction shall not commence until plans havebeen approved by the State. Any future revisions or additions shall be made after prior writtenapproval of the State.

Ingress and egress shall be allowed at all times to such facility for Federal Highway Administrationpersonnel and State Forces and equipment when highway maintenance operations are necessary,and for inspection purposes; and upon request, all parking or other activities for periods required forsuch operations will be prohibited.

3. PARKING REGULATIONSParking regulations shall be established limiting parking to single unit motor vehicles of size andcapacity no greater than prescribed for 11/2 ton trucks, such vehicles to conform in size and use togoverning laws. Parking shall be permitted only in marked spaces

Parking shall be prohibited when a security threat, as determined by TxDOT, exists.

4. PROHIBITION/SIGNSRegulations shall be established prohibiting the parking of vehicles transporting flammable orexplosive loads and prohibiting use of the area in any manner for peddling, advertising or otherpurposes not in keeping with the objective of a public facility. The erection of signs other than thoserequired for proper use of the area will be prohibited. All signs shall be approved by the State prior tothe actual erection.

5. RESPONSIBILITIESMaintenance and operation of the light rail facility shall be entirely the responsibility of DART. Suchresponsibility shall not be transferred, assigned or conveyed to a third party without the advancedwritten approval of the State. Further, such responsibility shall include picking up trash, mowing andotherwise keeping the light rail facility in a clean and sanitary condition, and surveillance by policepatrol to eliminate the possible creation of a nuisance or hazard to the public. Hazardous ounreasonably objectionable smoke, fumes, vapor or odors shall not be permitted to rise above thegrade line of the highway, nor shall the light rail facility subject the highway to hazardous orunreasonably objectionable dripping, droppings or discharge of any kind, including rain or snow.

EXHIBIT 1

Multiple Use Agreement between DART and TxDOT in Rowlett-COTW2 3/22/2012 9:55:52

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