• Dollos Areo Ropid Tronsit P.O. Box 660163 Dallas. Texas 75266·0163 214/749-3278 May 20,1996 Mr. John Baumgartner, P.E. Director ofPublic Works Town of Addison P. O. Box 144 Addison, TX 75001 Re: LAP: CAP Dear Mr. Baumgartner: In response to your letter of May 9, 1996, enclosed is a check in the amount of $553,492.70 representing expenses incurred for the Arapaho Road RealignrnentlExtension project. Ifyou have any questions or if we may be offurther assistance, please call me at 749-2913. Sincerely, gem (},":"TOII" ,Of-ADDISON' 100311: '" ,; ,I: ' 􀀬􀁾􀁩􀀺􀁪􀀠f'Oj1l0X"i,U4 : ,',TO THE ' ,', , .. , :'ORDER ':" , '/'frIAUY' 􀁾􀀠,OF :::.': ,:ADDISON ' ll" 75DOl 􀁾􀁾􀀨􀁾􀀠PlJTHOf'\IZED SIGNATUREU'O 250 5 5811' I: 1.1. 􀁾􀁣􀁭􀀠I. 551.1: u't,8t,0 ?Q8U' 􀀮􀁾􀀮􀀠􀀢􀀬􀁾􀀬􀀧􀀭􀀭---'- Dallas Area Rapid Trans" p,O, Box 660163 Dolios, Texas 75266-0163 214/749-3278 April 23, 1997 Mr. John Baumgartner, P.E. Director ofPublic Works Town ofAddison P. O. Box 144 Addison, TX 75001 Re: LAP/CMS Dear Mr. Baumgartner: In response to your request for funding of a new LAP/CMS project, the Board has approved the Midway Road & Dooley Intersection project. Also attached is the Resolution along with a check in the amount of$135,OOO. IfI can be offurther assistance, please call me at 749-2913. Sincerely, 􀁧􀁃􀀷􀁮􀁬􀀰􀀱􀀼􀁾􀁾􀀠Tom K. Ryden, P.E. Sr. Manager Project Development TKR:jr Attachment 41497 0268167VENDOR DATE NETINVOI::E NO. DESCRIPTION 13500C.00135000.00lAP/CtlS4/14/97 GROSS AMOUNT illas Area Rapid Transit O. Box '''''9'\) •ii>!!11"E) R"I'ft'lff¥6-722.} 3 5 0 0 0 • () 0 TOTAL4/749-3::171i HationsBank 0268167N.llo::r>llaan;;ofTe'1l$, N.A VOID AFTER 60 DAYS DATE AMOUNT PAY EXACTlY$**135,OOQ DOllARS AND 00 CENTS 4/17/97 ,:U135,O()0.00 TOWN OF ADDISON 100371 PO BOX 144 ,OTHE )RDER )F ADDISON TX 75001 AuTHOFlIZEO SIGNATURE ------------------------------------------------------------------, 970046 RESOLUTION RESOLUTION of the DALLAS AREA RAPID TRANSIT (Executive Committee) .. FY 1996 Local Assistance Program (LAP) and FY 1997 LAP/Congestion Management System (CMS) Programming Requests trom the City of CarroUton and the To'Wll of Addison WHEREAS. the City of Carro1l1on and the Town of Addison are eligible for participation in DART LAP and LAP/CMS projects. respectively; and:' WHEREAS, the activities requested are consistent with the intent of the LAP and LAP/CMS program guidelines; and WHEREAS, the activities requested are within current Budget and Financial Plan a1loc3tlons. NOW. THEREFORE. BE IT RESOLVED by the Dallas Area Rapid Transit Board of Directors ilim: -,. Section I: The FY 1996 LAP programming recontained in Attachment I, is approved. quest from the City of. Carrollton as Section 2: The FY 1997 LAP/CMS programming request from the -Town of Addison contained in Attachment I, is approved. . 􀁾􀁾􀀠 Secretary ' .. S29.SAMlskb . t 03f25197 • 9:08 AM , ,,; e870048 , , , .. APPROVED AS TO FORM: ATTEST: DART Counsel PresidcntlExecutive Dilector e Mardi 25, 1997 Date , e " : , " i',. . , , ,j . ,r '" " ' , . '", .'" ..• 􀁾􀀠.' . . 􀁾. ' " " '. e' r -. 􀀮􀁾􀀬.', e' --' .'. e, • ." -' S29.SAMI1kh 2 03fl51'11 • 9:08 AM FUNDING APPLICATION FOR DART'. LAP/eM:» l'KutiMAM nc\.lC! v t:.l LAPICMS Project No. (t« DAlT lISua1r) 0'. 0t?I ·129 cirT Il1O. 􀁾&)'pC ..... INO ..· .". ,.' t"•. 􀁾􀀠• --" ..........:'", . ".:,..:' ;.' .; . . , . ,,; . PROJEC1ED COST DISTlUBVUOll '.':: 􀀮􀀺􀀻􀁾􀀠• IEIwiroIImentaI Studlel S pR'lriously Approved LAPICMS LAPICMS Ilequelt S /.J'S liN S S "S) . 􀁾􀀠􀀯􀀴􀀧􀀬􀁾􀀠FecIeta1 (If'applicable) S Risht-of·W., S State (d'applicable) S Construcdoa S/2S.NI1 S'_I(1f'Ipplicable) S􀀺􀁾􀀠. S OperationslM'aintwnce(d'app1icabJe) S TOTAL TOTALS/.15. ()()IJ S 􀀯􀁊􀁳􀀮􀁾􀁴􀀱􀀱􀁊􀀠• ill. !DETAR mpllOJECT DESCRJPTION . .' . '.':. . -' .<. : ='. :. bus I'OUlCS a!l'ecteII, ilIImccdons to 􀁾project soope. phases, etc. AaIcIIprqectju:sd.llcaliolla aeecJed.) ;.. • AIPd tra.nsfcn, 􀁾􀁉RqUeStcd If'applk:able.) • '. 􀀯􀀬􀀬􀀿􀀯􀀴􀁙􀀮􀁲􀁉􀁬􀁬􀀡􀀧􀁴􀁴􀀺􀁾􀀮􀀮􀀮􀀮􀀠􀀬􀀮􀀢􀀢􀀬􀀮􀀬􀀮􀀬􀀮􀀬􀁟􀀬􀀮􀁾􀀠_#4C/M· r-# ....0/B ....􀀴􀁾􀀮􀀮􀀮􀀬􀀻􀀷􀁴􀀺􀀺􀀱􀀢􀀭􀂷􀀮􀀠􀀷􀀥􀁾􀁳􀀠,.r ;P-/7-./6 ,(-'c,u."z'v '1" ..l>..#4 􀁃􀁾􀀮􀁦􀁉􀁪􀁦􀁾􀀠P"'f'--'" :s;,j£ c.j{..cZ" ",d,:I,'/. .... • .1/, ,;hfr I Zi01'i Date 3-1'I·!7 '. Date·DART StaffCoacurreooe -V Title .. ... TOWN OF ADDISON MAIL ALL INVOICES TO: Accounts Payable P.O, Box 144 Addison, Texas 7500l TAX EXEMPT NUMBER: 1751333555B SUBJECT TO TERMS & CONDITIONS CONTAINED ON BOTH SIDES THE P,O, NUMBER MUST APPEAR ON ALL INVOICES, DELIVERY TICKETS, ETC, 􀁴􀀧􀁕􀁋􀁜􀀬􀀻􀁴􀁴􀁁􀁾􀀱􀀺􀀠URDI::R . No. ORDER DATE 1 of 1 REQUIRED DELIVERY DATE 043258 02/19/97 02/19/97 DELIVERY L DeAT/ON, ,NDOR CONSOLIDATED TRAFFIC CONTROLS, INC (STR) ADDISON STREET DEPARTMENT J432 POBOX 151837 16801 WESTGROVE RD ARLINGTON, TX 76015 DALLAS, TX 75248 Attn: J PRIESTEN o NO. , 􀀬􀁦􀀺􀁬􀁅􀁑􀁕􀁉􀀮􀁾􀁉􀀬􀀡� �􀁧􀁾􀀮􀀠,.: 􀁾􀁒􀀬􀁾􀀮􀁧􀁴􀁬􀀮􀁾􀀬􀁲􀁲􀁬􀁾􀀬􀁾􀀬􀁾􀁦􀁌􀀠:.'. 411BE 􀁴􀀧􀁩􀁾􀁾􀁾􀁾􀁾􀀠NET NET.30 30 DESTINATION :MENTS 􀁾􀁒􀀠1: USER 2: :M QUANTITY UNIT DESCRIPTION UNITPAICE EXTENDED AMOUNT 1 6 EA PEDESTAL BASE BRUSHING BROWN 85.6000 513.60 2 1 EA G & G ARRESTER 30 AMP 420.0000 420.00 􀁾􀀪􀀠******* **** *************************************** MEMO ACCOUNTING INFORMATION GENERAL LEDGER ACCOUNT NUMBER ************ ONLY DISTRIBUTION '********* 01 411 54270 00000 000 933.60 ! 􀁾􀀠49843 t:t;;Lp va SUB TOTAL 933,60 • 􀁾7g95/iWTHORIZED 􀁓􀁉􀁾􀁕􀁒􀁅fCf170 0.00 FREIGHT 􀁾􀀠0.00x YJ TOTAL 933.603 􀁾􀀷􀀠97 414I I I • Unit .,; .. Consolidated Traffic Controls, Inc. • I N V 0 ICE * p.o. Box 151837 • Arlington, Texas 76015·7BS7 􀁾􀀠 *PH. (S17) 265-3421 • Fax (B17) 274·3610 .* * k* ** >}t,. **** i< * *'/: , ;'; ,, Ship Via,: p . u, Number,,:. tf 3 􀁾􀀺􀀩􀁯􀀠Ship DatA: 02/19/91 [-'.0. Ut"t.€., .. ,,; 􀀱􀁉􀁾􀀺􀀯􀁬􀁾􀁊􀀹􀀧􀀱􀀠Due Date.: 03/21/97 Job/Ol"rler No.: 726-ST Terms .... : NBT 30 DAYS Sa i e:,;pE':fSO:t1 .. : Item I. D. jDesc, Ordered Shlpped 􀁾􀁾􀁾􀀻􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀺􀁐􀀻􀁾􀀻􀀺􀁩􀁦􀁴􀀠...PBS334-P21, ALUM SQ BASE W/ALUM 0006 􀀨􀁪􀀶􀁾􀁇􀀵􀀱􀀴􀀰􀀱􀀠J .00 SURGE 􀁓􀁕􀁐􀁰􀁾􀀲􀁓􀁓􀀰􀁲􀁾􀀠30A WE APPRECIATE YOUR BUSINESS.!.. ... Sold '1'OHN OF' ADDISON-B c:t.LlS ry,'o: ATTN '!'RAFFIC SIGNAL DEPT PO BOX 144 ADDISON TX 75001 􀁾􀀡􀁬􀁩􀁰􀀠 Tmm OF ADDISOH-D 􀁾􀀻􀁌􀁬􀀬􀁉􀁓􀀠10: ATTN TRAFFIC SIGNAL 􀁄􀁂􀁾􀁔􀀠hSVl WIW'I' GROIi r; DALLAS TX 7!l24S PACKINB SLIP 21 Feb 1997 PAGE 1 CARRIER: UPS SO NUMBER: 5b490 CUSTOIIER: C!JNS!JlIDATED TIlAFFIC CTL PAL FROM TO PART EXT LET BOX BOX NUMBER IlTY DESCRIPTION WEISHT WEIGHT 1 ALUMINUM SIlUARE BASE WIlli ALlillNUM DOOR :P..."0 BRUSHING BROWN 25 150 TOTAL PALLETS 0 TOTAL BOXES TOTAL WEISHT 150 􀁾􀀠􀁾\ \ \. ADDISON PUBLIC WORKS PURCHASE ORDERJREQUISITION REQUEST P.O.lRequisition Requested on: \S k Ie ..S' Requested By:_'l._\􀁜􀁟􀁾􀁟􀀢􀁦􀁟􀀮__ 􀁐􀀮􀁏􀀮􀁎􀁵􀁭􀁢􀁥􀁲􀁟􀀴􀁾􀁊􀀽􀁬􀀾􀀮􀀮􀀮􀁯􀀮􀁌􀀵􀁾􀁧______ Date: 􀁾􀁬􀁬􀁱/97 vendor:__􀁃􀀭􀀭􀀧􀁯􀁟􀀬􀀩􀀭􀀭􀀽􀁓􀀽􀀭􀁏􀀺􀀮􀀮􀁜􀁟􀀬􀁾􀀽􀁟􀁉􀀧􀀬􀁟􀀧􀁾􀁟􀀧􀀮􀁳􀀮􀁣􀀨􀀧􀁾􀀠'_';.!.C(I'-'''''-.c.-''.,􀁟􀁜􀁟􀀬􀁜􀀢􀀭􀀭􀁟􀀭􀀢􀁃􀁣􀀢􀀧􀂷􀁾􀀭􀀽􀁾􀀭􀀧􀁾􀀭􀀧􀀬􀁯􀀽􀀭􀁜􀀧􀁟􀁲 􀁟__ .. '-'"".c:'=---'''-_C'''-_____ Quantity Items Price Each Total Cost -I 􀁾􀀠b0􀁾􀀬􀁦􀁴􀀮􀀠"b 􀁾􀀠, au ;·-\70 See attached sheet'----__ Ct)e·;-􀀭􀁾􀀠Total Amount of P.O. \ 􀀬􀀬􀀧􀁾􀀬􀀠Charge to Account #: Amount: Authorized By: Ordered By: Date: 320 $. W. 18TH ST. EDMOND. OK 73013 (405) 340-3434 FAX (405) 340-3435 PACKING LIST OK COHSOLIDATED TRAFFIC CTL TmlN or "D[IISON P.O. BOX 151837 16801 l,>iCST GROVE SOLO ARLINGTON, TX 7S015 SHIP TRAFFIC SIGNAL DEPTTO TO DALLAS, TX 75248 􀁾􀁬􀁁􀁈􀀧􀁾􀀺􀀠1"0# 43258 ITEM NO. QUANTITY ORDERED " CATALOG !:lUMBER; DESCRiPTION . WEIGHT QTY.·$HIP 1 6 PB--5334-P20 ALUI1IlH1M SQUARE BAse WITH ALUtiINUrr BRUSHING BRmlN THANKSl We apPl"'ecl.ate y r.1 tiT' o:rdE'r. DOOR : 1"21Z! dIt() 􀀨􀀾􀀯􀁴􀀭􀁾􀀠0 􀁾􀀠Please check this order carefully, eg; quantity, description, markings, color, etc. If anything is different than what you require, please let us know immediately. (214) 450·2B71 16801 Welitgrove PUBLIC WORKS DEPARTMENT September 16, 1996 MEMORANDUM TO: Ron Whitehead, City Manager "Q FROM: John Baumgartner, Director of Public 􀁷􀁾􀁾U SUBJECT: Interlocal Agreement for DART LAP/CMS Program Attached is the Interlocal Agreement (ILA) between DART and the suburban cities for the new Local Assistance Program/Congestion Management System (LAP/CMS) program. The program guidelines are included with the ILA. The guidelines were negotiated between the staffs of Ole suburban cities and DART. The guidelines were approved by the DART buard on August 27, 1996. Each suburban city must approve the ILA and guidelines for the program to begin. The new LAP/CMS program is bas'ically a continuation of the current LAP program, which ends on September 30, 1996, Some of the key points of the LAP/CMS program are as follows: TIle program provides that each eligible suburban city will receive an allocation of 15 % of the DART sales taxes collected in the eligible city from FY 1997 through FY 2004, Addison is projected to receive approximately $1,136,000 in FY 1997. The categories of eligible projects has been expanded to include projects such as the Arapaho Road Extension; projects that may not have bus service on Ihem, but are significant to mobility and also provide benefit to transit. Technical Assistance funding remains at 3% of the city's annual program allocation. All unused existing LAP funds will be administered under Ihe new LAP/CMS program. Interest will accrue on the unpaid LAP balance through September 30, 1997, at a fixed rate of 4 %. No interest will accrue on the new LAP /CMS program allocations. DART staff will approve projects $100,000 or less. DART Board must approve all projects over $100,000. Ron Whitehead LAP/CMS Interlocal Agreement September 16, 1996 Page 2 DART staffis authorized, without further Board approval, to pay at project closeout an amount up to 10% higher than the approved project amount. On projects of $250,000 or less, DART will pay the City 100% of the project cost upon approval of the project by the City Council. On projects more than $250,000, DART will pay the City 20% of the project cost upon approval of the project by the City Council and the remaining 80 % of the cost upon Notice to Proceed. Upon project completion, the City shall return to DART any unspent funds, which will be placed in the Cities' unprogrammed funds account. Overall, the new guidelines for the LAP/CMS should streamline the process for project approval and the transfer of funds. An important aspect of the new program is that the Town will be able to use its allocation to fund the Arapabo Road Extension project. Issues such as the percentage of the DART sales tax the cities would receive as their allocation and no accured interest on the new allocations were previously agreed to by the DART Board and suburban Mayors and Councils. These items were not available for negotiation by the staffs. Staff recommends that the City Council approve the Interlocal Agreement and guidelines for the I,.AP/CMS Program with DART. oeN INTERLOCAL AGREEMENT BETWEEN DALLAS AREA RAPID TRANSIT AND THE TOWN OF ADDISON, THE CITY OF CARROLLTON, THE CITY OF COCKRELL HILL, THE CITY OF 􀁆􀁾􀁭􀁒􀁓BRANCH, THE CITY OF GARLAND, THE CITY OF GLENN HEIGHTS, THE CITY OF IRVING, THE CITY OF PLANO, THE CITY OF RICHARDSON and THE CITY OF ROWLETT ESTABLlSHL"lG GUIDELINES AND PROCEDURES FOR IMPLEMENTING A LOCAL ASSISTANCE PROGRAM/CONGESTION MANAGEMENT SYSTEM PROGRAM WHEREAS, on or about April 11, 1989 and June 27, 1989, DALLAS AREA RAPID TRANSIT ("DART") established a program for the return of a portion of DART's sales tax income to its member cities known and identified as the "Local Assistance Program" ("Lap Program"); and, WHEREAS, the Lap Program was continued in full force and effect until November 14, 1995 at which time the DART Board, in Resolution No. 950260 adopted a new Transit System Plan pursuant to which the Lap Program would terminate on June 30, 1996; and, WHEREAS, on June 25, 1996, in Resolution No. 960117 the DART Board extended certain LAP ILA's to the end of Fiscal Year 1996, being September 30, 1996; and, WHEREAS, the DART Board created a new program for returning a portion of DART' sales lax income to certain member cities, the "Local Assistance Program/Congestion Management System" ("LAP/CMS Program") effective on October 1,1996, the first day ofthe 1997 fiscal year; and, WHEREAS, on August 27, 1996, in Resolution No. 960153, the DART Board adopted a LAP/CMS Policy, including Guidelines for the LAP/CMS Program; and, WHEREAS, eligibility for the LAP/CMS Program is limited to those member cities in which construction of light rail service has not yet commenced; and, WHEREAS the parties desire to implement the LAP/CMS Program and to establish therefor guidelines and procedures for the creation, construction, completion, operation, maintenance and funding of projects; NOW THEREFORE, WITNESSETH: In consideration of the premises and the mutual promises and covenants contained herein, the parties agree as follows: ARTlCLEONE Parties The parties to this Agreement are: LAP'(:MS: Rev: 9-5-96 Page 1 of 4 1.01. Dallas Area Rapid Transit ("DART"), a regional transportation authority organized pursuant to and in accordance with Chapter 452, Texas Transportation Code. 1.02. The Town of Addison; The City of Carrollton; The City of Cockrell Hill; The City of Farmers Branch; The City of Garland; The City of Glenn Heights; The City of Irving; The City of Plano; The City of Richardson; and The City of Rowlett. ARTICLE TWO Definitions The following defmitions shall apply to the terms used in this !LA, including without limitation the Guidelines: 2.01. "Allocations" shall refer to LAPICMS Program fund allocations as determined in accordance with Section C of the Guidelines. The Allocation for the City of Irving shall be one half (112) that of other Eligible Member Cities Allocations because ofthe current work on Commuter Rail facilities in the City ofIrving. 2.02. "Board" shall mean and refer to the Board of Directors of DART. 2.03. "City Council" shall mean and refer to the duly elected and acting City Council of each Eligible Member City. 2.04. "Commuter Rail" shall mean and refer to the self propelled diesel rail transit operations planned to connect the City of Dallas, the City of Fort Worth and DFW International Airport to be operated by DART and the "T" pursuant to a separate Interlocal Agreement with RaHlran, on right-of-way owned by Railtran. Commuter Rail service is to operate under the assumed name of "Trinity Express." 2.05. "DART Enabling Legislation" means Chapter 452, Texas Transportation Code as the same may from time to time be amended. 2.06. "Eligible Member City (City/Cities) shall mean and refer to the Cities enumerated in Article 1.02 ofthis ILA. 2.07. "Eligible Projects" shall mean and include those listed in Section D ofthe Guidelines and any other project recommended by an Eligible Member City and specifically considered and approved by the Board. 2,08, "ITA" shall mean and refer to the Federal Transit Administration. 2.09. "Guidelines" shall mean and refer to the Guidelines for the LAP/CMS Program Program adopted by the Board on August 27, 1996 in Resolution No. 960153. 2.10. "ILA" shall mean and refer to this Interlocal Agreement. 2.11. "Light Rail" shall mean and refer to the DART electric powered rail system as distinguished from Commuter Rail. 2.12 "Roillran" shall mean and refer to DFW RAIL TRAN a common administrative agency established by the Cities of Dallas and Fort Worth. 2.13. The "T" shall mean and refer to the Fort Worth Transportation Authority. LAP-CMS: Rev: 9-S·96 Page 2 of 4 ARTICLE THREE Incorporation of Guidelines The Guidelines are hereby incorporated into this ILA as if they were set out verbatim at this point. A set of Guidelines is attached to each copy of this ILA. ARTICLE FOUR Purposes of (LA 4.01. The initial purpose of this [LA is to set forth the Eligible Member Cities' acceptance of and commitment to DART, and DART's commitment to the Eligible Member Cities, to jointly participate in and work together for the satisfactory implementation of theLAP/CMS Program. 4.02. By executing this (LA, each Eligible Member City accepts and approves the Guidelines as the basis for implementing the LAP/CMS Program. 4.03. It is the further purpose and intent of DART and the Eligible Member Cities to continue to explore other potential options which would pennit continued and expanded revenue sharing with all of DART's member cities to meet their respective transportation requirements so long as such options do not adversely impact the DART Transit System Plan or the DART Service Plan Plan or the DART Financial Plan. ARTICLE FIVE Term The term of this ILA shall commence as of the first day of October, 1996 and shall terminate for each Eligible Member City as provided in §C. ALLOCATIONS of the Guidelines. Though terminated as to a specific Eligible Member City, the ILA shall remain in full force and efTect until all Allocations for the afTected Eligible Member City are finally funded and the activities of such Eligible Member City are wound up . ARTICLE SIX Administration and Procurement of Eligible Projects It shall be the obligation of each Eligible Member City receiving funds under the LAP/eMS Program to supervise and administer the planning, design, land acquiSition, construction, operation and maintenance of all Eligible Projects. Receipt of funds under the LAP/CMS Program shall not create an agency, partnership or joint venture relationship between DART and the Eligible Member City. Each Eligible Member City shall be responsible for handling all procurements needed for each Eligible Eligible Project in accordance with all applicable federal, state and local laws, codes, ordinances. rules and regUlations of any governmental entity exercising jurisdiction over such Eligible Project, and the resolution of any protest, dispute, claim or demand arising out of any such action by the Eligible Member City shall be the sole responsibility of the Eligible Member City. ARTICLE SEVEN Indemnity To the extent permitted by applicable law, each Eligible Member City agrees to defend, indemnify and hold DART, its directors, officers and employees free and harmless against any claims, demands, causes of action, costs and liabilities, including attorney fees, resulting from the performance, or failure of the Eligible Member City to perform any obligation or duty in connection with this ILA. Likewise, to the extent permitted by applicable law, DART hereby agrees to defend, indemnify and hold each Eligible Member City, its council, officers and employees LAP-CMS: Rev: 9·5·96 Page 3 of 4 free and hannless against any claims, demands, causes of action, costs and liabilities, including atlomey fees resulting from the perfonnance, or failure of DART to perform any obligation or duty in connection with this ILA. ARTICLE EIGHT Connict oflnterest No City Council Member, officer, employee or agent of any Eligible Member City, and no Board Member, officer, employee or agent of DART shall have any financial interest, direct or indirect in this ILA or any Eligible Project. ARTICLE NINE Miscellaneous 10.01. Notices. Any notice, communication, invoice or report required or permitled pursuant to this [LA and the Guidelines shall be in writing and shall be effeclive when personally delivered or three (3) days after being mailed by United States Mail, certified, return receipt requested, to the respective parties at the address set forth for each party in the signature block of this lLA. Any party may change its address by giving notice to all other parties. 10.02. Governing Law; Venue. This ILA is performable in Dalias, Denton, Collin, Ellis and Rockwail Counties, Texas and exclusive venue for any legal action in connection with this ILA shall lie in Dallas County, Texas. This [LA shall be governed by and construed in accordance with the laws orthe State of Tex3S. 10.03. Construction. In the event one or more of the provisions contained in this ILA shall for any reason be held to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect any other provision hereof and this ILA shall be considered as if such invalid, illegal or unenforceable provision(s) had never been contained herein. 10.04. Successors and ASSigns. This lLA shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors and approved assigns. 10.05. Captions, The captions of articles and sections within this ILA are for convenience and information and shall not alter the substance of the tem]s and conditions of the ILA. 10.06. Entire Agreement. This ILA ILA embodies the entire agreement of the parties hereto relating to lhe matlers covered herein and cannot be modified or amended except by a written addendum or agreement of the parties. No interlocal agreement heretofore entered into between any Eligible Member City and DART shall be construed to apply to the subject matler(s) covered by this ILA and such other interlocal agreements, if any, shall continue in full force and effect in accordance with their respective terms. EXECUTED by the parties effective as of October 1, 1996. DALLAS AREA RAPID TRANSIT PresidentlExecutive Director P.O. Box 660163 Dallas, Texas 75266·7201 signature bloek and add res. for each Eligible Member City LAP·eMS: Rev: 9·5·96 Fag. 4 of 4 GUIDELINES FOR THE LAP/CMS PROGRAM August 27, 1996 A. OBJECTIVE: Provide continued financial assistance for projects consistent with these guidelines and DART's enabling legislation that enhance mobility in DART member cities that do not yet have rail construction in progress. B. ELIGmLE MEMBER CITIES: The following cities are eligible to receive LAP/CMS funds as ofOctober I, 1996: Addison, Carrollton, Cockrell Hill, Farmers Branch, Garland, Glenn Heights, Irving, Plano, Richardson, Rowlett. C. ALLOCA TrONS: The LAP/CMS fund allocations will be made available for use by an eligible member city annually from FY 1997 through FY 2004 when the program allocations end. The annual allocation will be calculated by multiplying by 15% (7.5% for Irving) the DART sales taxes collected in an eligible member city for the previous twelve month period ending June 30. Each new annual allocation will be available for expenditure on October 1 (beginning in 1996). The FY 1996 Financial Plan includes approximately $87,000,000 for this program. Table I shows the allocations by DART member city, based on the 1996 projections and anticipated program duration. The time schedule in Table 1 is subject to change during DART's annual budget cycle. A city will no longer be eligible to receive program funds in the fiscal year after the Board awards a contract to initiate rail construction within that member city. In no case shall the DART Board award such a contract more than six months prior to construction. The budget for LAP/CMS will be revisited based on agency requirements to meet its obligations. D. PROJECT ELIGmILITY: Eligible types of projects are shown below. In general, eligible projects are divided into two categories: I) Transit related street improvements and 2) Transit supportive projects and programs. Typically, funds approved for capital projects may be used for planning, environmental impact studies, engineering, final design, right-of-way acquisition, construction, and testinglinspection/surveying. Maintenance and operations may also be funded if approved by the DART Board in accordance with Section E ofthe guidelines. 1 Any project not explicitly listed but considered allowable under DART's enabling legislation may be proposed for DART consideration. Additional eligible projects include: Transit related street improvements (streets with current or planned/previous bus routes), 1. Roadway improvements that add capacity Road widening Adding storage to turn lanes Adding tum lanes Adding/deleting access points Adding bus priority lanes HOVlanes 2. Grade separations 3. Matching funds for federaVstate programs 4. Intersection improvements New signals Computerization ofsignals Traffic surveillance equipment Telecommunications 5. Cooperative funding ofintercity capacity improvements Signal progression Bus only lanes Bus signal preemption Arterial street HOV lanes Roadway and intersection improvements 6. Special design provisions along roadways and intersections with planned bus routes Shelters Sidewalks Bus stops Bus turnouts Bus priority treatments 7. Roadway and intersection safety improvements Transit supportive projects and programs 8. Additional service including non-productive service (previously eliminated or not meeting warrants) 9. Transportation services for the elderly and/or disabled Emergency medical Shuttle services 2 10. ADA compliance items related to the provision of transit service I I. Sidewalks related to providing access to transit facilities or services 12. Bus shelters 13. Bus benches 14. Travel demand management Transportation Management Association operating funds User subsidies for transit service Vanpool programs Rideshare promotion and incentives Alternate work schedule subsidies Employer trip reduction support Emergency ride home funding taxilloaner car 15. Vans for vanpool programs 16. Park and Ride lots 17. Mid-block bus turnouts Ig. Incorporating private transit services/facilities into DART 19. Transportation enhancements at existing and planned DART transit centers, transfer centers and rail stations. 20. DART and Railtran related railroad crossing and right of way improvements to include street Closings or grade separations. 21. Technical Assistance Program (TAP) funds may include, but are not limited to: -Transit planning, feasibility. design and engineering studies -Salaries for new or existing city staff time specifically allocated for transportation planning andior studies, or interface with the DART staff on activities affecting the subject city -Technical Assistance seminars -Study and implementation oftransit-supportive land use planning policies and other policies that benefit public transit -Minor capital support for technical staff 22. Other projects not meeting the test of past, present, or future bus service, but which are of significance to mobility as long as benefits to transit can be demonstrated. For example: A project not located on a DART fixed transit route that relieves traffic congestion on a parallel or intersecting DART route could be eligible for LAP/eMS funding. 3 E. PROJECT MAINTENANCE AND OPERATION: Project maintenance is the responsibility of the project owner. If shared maintenance responsibility for a project is desired, the cost sharing arrangements must be approved by the DART Board and the eligible city as part ofthe project approval process. Operating costs of LAP/CMS projects may be eligible for LAP/CMS funding subject to DART Board approval. F. PROJECT SUBMITTALS AND REPORTING: Cities will prepare LAP/CMS applications for consideration and approval by DART. DART staff will have 30 days to review and respond to the applications. Once approved, the funding amount in the application becomes "progranuned". Left over funding returned to DART after project closing becomes "unprogranuned". A city may simultaneously return and "reprogram" left over funds by submitting a project application for approval along with the left over monies. DART will prepare, by September 1 of each year, a projected LAP/CMS allocation for each city for budget purposes consistent with the DART Financial Plan in effect at that time. DART will report quarterly (within 30 days after close of the quarter) on the status of the LAP/CMS fund including amounts allocated, amounts programmed, amounts expended, amounts available for reprogramming from completed projects, and a total amount available for programming for each eligible city. Eligible cities will provide to DART notice ofrequests for LAP/CMS payment (at least 90 days in advance ofa request for LAP/CMS payment) for any amount exceeding $250,000. Eligible cities will maintain accurate books and records of all approved projects. Cities will maintain separate records on each project including project budgets, budget amendments, revised budget balances, expenditures to date, estimated cost to complete, and DART payments to date, DART maintains the right to audit a city's books to ensure that funds are spent in accordance with the approved workplan and DART's enabling legislation. Cities maintain the right to audit DART's books to ensure that the fund allocations and disbursements are in accordance with these guidelines and other applicable laws. Eligible cities will provide an Annual Cash Flow Projection report (See Table 2) for all approved projects by June 30 of each year beginning in 1997. DART may request updated cash flow projections from time to time to monitor its projected cash outflows. G. CASH PAYMENTS: DART will prefund Technical Assistance Program (TAP) costs on an annual basis after submittal of an annual work plan by the eligible member city and approval by DART. Technical Assistance funding will be 3% ofan eligible city's annual program allocation. DART will distribute LAP/CMS funds to the city for a City Council approved project according to the following schedule: 4 Project cost of $250,000 or less 100% ofthe cost upon approval by the City Council DART will pay within thirty (30) days of receipt of a request for payment with supporting documentation, Project cost of over $250,000 20% of the cost upon approval by the City Council. 80% ofthe cost upon Notice ofAward by the city, Provided that written notice is received from the city at least 90 days in advance, DART will pay within thirty (30) days of receipt of a request for payment over $250,000 with supporting documentation, Eligible cities will provide to DART a completion report for each project documenting final acceptance of the project and final project cost. Project documentation will consist of a statement of project expenditures attested by an authorized financial staff member, copies of paid invoices, or other similar documents, DART staff is authorized without further Board approval to pay at project closeout an amount up to 10% higher than the approved project amount for properly documented eligible project project costs, At project completion, cities will return any LAP/CMS funds distributed but unspent. These funds will be available for reprogramming, Any unused funds allocated to an eligible city in any year will continue to be available to that city in succeeding years unless the city withdraws from DART, Interest will not be paid on allocated, but unpaid LAP/CMS balances, H. OTHER FINANCIAL CONSIDERATIONS: Since the LAP/CMS program allows for funding of operating and capital transit projects, member cities will be eligible to apply for and receive FTA funds with prior approval by the DART Board. Plano will continue to be eligible to receive funds for projects begun prior to FY 1989. Member cities may pool their LAP/CMS allocations for approval and implementation of eligible projects, Advanced (beyond 1 year) programming of funds is allowed subject to Board approval; however, cities may not program, in any future year, more than the current year's LAP/CMS allocation, Board approval will be required for projects over $100,000. DART staff will approve projects requiring LAP/CMS funding in amounts of $100,000 or less, A city may appeal to the Board any DART staff decision regarding project approval. Starting October 1, 1997, all unused existing LAP funds will be administered as part of the new LAP/CMS program, Interest will accrue on the unpaid LAP balance through September 30, 1997, at a fixed rate of4%, 5 All DART payments for LAP or LAP/eMS projects will be drawn from the eligible city's existing LAP fund balance until it is exhausted. After all LAP funds allocated are disbursed. further payments will be drawn from that city's LAP/eMS allocation. I. EXPANDED REVENUE SHARING In accordance with Section 5 of DART Board Resolution No. 950260 of November 14, 1995, it is DART's intent to continue to explore options for expanded revenue sharing with member cities to meet the region's transportation needs. These guidelines do not reflect the process to be used to provide expanded revenue sharing. J. WITHDRAWAL OF MEMBER CITIES If a city withdraws from DART, no additional LAP/eMS funding will be allocated to that city. In the event of a withdrawal, only individual projects for which construction contracts have been executed or for which formal funding agreements have been executed will be funded by DART and allowed to proceed to completion, and the funds for completing these projects will be included as that city's specific obligation if that city withdraws from DART. All other funds revert to DART. Once a city calls a withdrawal election, no new LAP/eMS projects will be considered for approval until after the election is canvassed. K. PROJECT IDENTIFICATION Each construction project will display at least one sign on each approach to the construction site indicating funding for that project is provided through the DART LAP/eMS program. In addition, after implementation, if a project shall have a visible permanent marker, it shall indicate that funding for the project was provided through the DART LAP/eMS program. 6 Table 1 LAP/CMS PROJECTIONS COMPARISON BY MEMBER CITY (1) (In Thousands of Dollars) 15% LAP TO CONSTRUCTION Projected CITY FY 1997 Allocation Total Program Cost Fiscal Year for Cities Addison $ 1,136 $11,599 2004 Carrollton 1,908 17,313 2003 Cockrell Hill 6 83 2004 Dallas 0 0 na Farmers Branch 1,518 12,522 2003 Garland 1,975 4,127 1998 Glenn Heights 8 89 2004 Highland Park 0 0 na Irving (2) 2,149 21,878 2004 Plano 4,167 12,908 1999 Richardson 2,768 4,971 1998 Rowlett 188 1,835 2004 University Park 0 0 na Total $15,823 $87,324 2004 1 Assumes program allocations end in FY 2004 for all cities. Allocations based on sales tax collections from July 1, 1995 tbrougb June 30, 1996. 2 Irving projected to receive 50% of Ibe allQCation of otber cities for LAP/eMS. 7 ",;:-_:;. , Table 2 ,EXAMPLE oi=-AriINUALCASH FLOW PROJECTION WORKSHEET CitY of Date (aL ......􀁲􀀭􀁲􀁴􀁾􀁌􀀠(c) _ld) 􀁾􀁀􀀮􀀠(f) {Ill {h) (i) If+a+h+l) Approved Project Project Approved Budget Current Payments Proiected Payments from DART Total Description Number Budget Transfer Budget Rec'd to Dale FY FY FY Payments 􀁾􀁾􀁾􀁾􀁾􀀠i I -------􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀁾􀁾􀁾􀁾􀁾􀁾� �! , 1--. l-I-I I 1----Total I 8 04126196 02:25 PM LAPFORM1.wK4