CP 2022-03-08City Council
City of Coppell, Texas
Meeting Agenda
255 E. Parkway Boulevard
Coppell, Texas
75019-9478
Council Chambers5:30 PMTuesday, March 8, 2022
WES MAYS BRIANNA HINOJOSA-SMITH
Mayor Mayor Pro Tem
CLIFF LONG JOHN JUN
Place 1 Place 5
DON CARROLL BIJU MATHEW
Place 3 Place 6
KEVIN NEVELS MARK HILL
Place 4 Place 7
MIKE LAND
City Manager
Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular
Called Session at 5:30 p.m. for Work Session, and Regular Session will begin at 7:30 p.m., to be
held at Town Center, 255 E. Parkway Boulevard, Coppell, Texas.
As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be
convened into closed Executive Session for the purpose of seeking confidential legal advice
from the City Attorney on any agenda item listed herein.
As authorized by Section 551.127, of the Texas Government Code, one or more
Councilmembers or employees may attend this meeting remotely using videoconferencing
technology.
The City of Coppell reserves the right to reconvene, recess or realign the Work Session or
called Executive Session or order of business at any time prior to adjournment.
The purpose of the meeting is to consider the following items:
1. Call to Order
2. Work Session (Open to the Public) 1st Floor Conference Room
A. Discussion regarding agenda items.
B. Discussion regarding Regular Session agenda item procedure.
C. Update on South Belt Line Reconstruction Project.
Page 1 City of Coppell, Texas Printed on 3/4/2022
March 8, 2022City Council Meeting Agenda
D. Budget Primer Presentation.
E. Presentation of Business Support Program.
F. Discussion regarding March 22nd Work Session agenda topics.
Regular Session Agenda Item Procedure Memo.pdf
Belt Line Reconstruction Memo.pdf
Business Support Program Memo.pdf
March 22nd Work Session memo.pdf
Attachments:
Regular Session
3. Invocation 7:30 p.m.
4. Pledge of Allegiance
5. Citizens’ Appearance
6. Consent Agenda
A.Consider approval of the minutes: February 22, 2022.
CM 2022-02-22.pdfAttachments:
B.Consider approval of awarding a contract to the Garland Company; for the
replacement of the roof at the Coppell Justice Center (Police side only); in
the amount of $323,800.00; as budgeted; and authorizing the City
Manager to sign any necessary documents.
Justice Center Roof Memo.pdf
Coppell Justice Center Roof Proposal 2022.pdf
Attachments:
C.Consider approval to enter into a Project Specific Agreement with Dallas
County; for maintenance and improvements to roads and drainage ways at
various locations; in the amount of $250,000.00; as budgeted in the
Infrastructure Maintenance and Drainage Utility District funds; and
authorizing the Mayor to sign.
PSA Dallas County - Various Locations Memo.pdf
Dallas Coppell PSA 2022.pdf
Dallas County Coppell ILA Master Agreement.pdf
Attachments:
D.Consider approval of a Project Specific Agreement to the Master
Agreement Governing Major Capital Transportation Improvement Program
(MCIP), for County MCIP Project 20701; by and between the City of
Coppell, Texas and the County of Dallas, Texas; for the purpose of
constructing transportation improvements on IH 635 at Belt Line Road; with
no current fiscal year (FY) impact; potential FY 24-25 impact; and
authorizing the Mayor to sign any necessary documents.
Page 2 City of Coppell, Texas Printed on 3/4/2022
March 8, 2022City Council Meeting Agenda
PSA Dallas County - BeltLine-635 Memo.pdf
Project Sketch.pdf
MCIP Master Agreement between DC & City of Coppell.pdf
IH 635 Belt Line Road MCIP PSA Coppell.pdf
Attachments:
End of Consent Agenda
7.PUBLIC HEARING:
Consider approval of a zoning change request from PD-260R3-R (Planned
Development-260-Revision 3-Retail) to PD-260R4-R (Planned
Development-260-Revision 4-Retail) to revise the Planned Development to
allow for an increase in the height/size and to allow for changeable letters
on a proposed monument sign previously approved; on 1.49 acres of
property located 1601 E. Sandy Lake Road.
City Council Memo.pdf
Staff Report.pdf
Site Plan.pdf
Signage Plan.pdf
Attachments:
8. City Manager Reports - Project Updates and Future Agendas
9. Mayor and Council Reports
Report by the City Council on recent and upcoming events.
10.Council Committee Reports concerning items of community involvement with no
Council action or deliberation permitted.
A. Report on North Central Texas Council of Governments - Mayor Pro
Tem Brianna Hinojosa-Smith
B. Report on North Texas Commission - Mayor Pro Tem Brianna
Hinojosa-Smith
11.Public Service Announcements concerning items of community interest with no
Council action or deliberation permitted.
12. Necessary Action from Executive Session
13. Adjournment
________________________
Wes Mays, Mayor
Page 3 City of Coppell, Texas Printed on 3/4/2022
March 8, 2022City Council Meeting Agenda
CERTIFICATE
I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of
the City of Coppell, Texas on this 4th day of March, 2022, at _____________.
______________________________
Ashley Owens, City Secretary
PUBLIC NOTICE - STATEMENT FOR ADA COMPLIANCE AND OPEN CARRY LEGISLATION
The City of Coppell acknowledges its responsibility to comply with the Americans With
Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require
special services (i.e. sign interpretative services, alternative audio/visual devices, and
amanuenses) for participation in or access to the City of Coppell sponsored public programs,
services and/or meetings, the City requests that individuals make requests for these services
seventy-two (72) hours – three (3) business days ahead of the scheduled program, service,
and/or meeting. To make arrangements, contact Kori Allen, ADA Coordinator, or other
designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989).
Page 4 City of Coppell, Texas Printed on 3/4/2022
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6159
File ID: Type: Status: 2022-6159 Agenda Item Work Session
1Version: Reference: In Control: City Council
02/28/2022File Created:
Final Action: WKS 3/8/22File Name:
Title: A. Discussion regarding agenda items.
B. Discussion regarding Regular Session agenda item procedure.
C. Update on South Belt Line Reconstruction Project.
D. Budget Primer Presentation.
E. Presentation of Business Support Program.
F. Discussion regarding March 22nd Work Session agenda topics.
Notes:
Sponsors: Enactment Date:
Regular Session Agenda Item Procedure Memo.pdf,
Belt Line Reconstruction Memo.pdf, Business Support
Program Memo.pdf, March 22nd Work Session
memo.pdf
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
Related Files:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
Text of Legislative File 2022-6159
Title
A. Discussion regarding agenda items.
B. Discussion regarding Regular Session agenda item procedure.
C. Update on South Belt Line Reconstruction Project.
D. Budget Primer Presentation.
E. Presentation of Business Support Program.
F. Discussion regarding March 22nd Work Session agenda topics.
Summary
Page 1City of Coppell, Texas Printed on 3/4/2022
MEMORANDUM
To: Mayor and City Council
From: Mike Land, City Manager
Date: March 8, 2022
Reference: Discussion regarding Regular Session agenda item procedure.
At the request of Councilmember John Jun, this item has been placed on Work Session.
1
To:
From:
Date:
Reference:
2040:
MEMORANDUM
Mayor and City Council
Kent Collins P.E., Director of Public Works
March 8, 2022
South Belt Line Reconstruction Update
Foundation Pillar: Sustainable City Government
Goal 4: City Services to Ensure High Levels of Customer Satisfaction
Introduction:
Staff will present on the history and status of the South Belt Line Reconstruction project.
Analysis:
The South Belt Line Reconstruction project has started. Staff will present a brief history of the project,
the status, and what to expect going forward.
Fiscal Impact:
This is a work session discussion with no fiscal impact.
Recommendation:
This is a work session discussion with no recommended action.
1
MEMORANDUM
To: Mayor and City Council
From: Mindi Hurley, Director of Community Development
Date: March 8, 2022
Reference: Presentation of Business Support Program
Introduction:
Numerous businesses in Coppell are struggling to recover to full operation levels after COVID-19.
Staff has prepared two proposed grant programs to assist any eligible businesses who are struggling
to stay in operation. Before proceeding, staff is seeking input and direction from City Council on the
proposed programs.
The first proposed program is designed to assist small businesses with rent/mortgage as they continue
to rebuild their businesses. This program is similar to the program that was offered using CARES
Funds in 2020 and 2021. Staff is proposing to utilize funds provided through the American Rescue
Plan Act (ARPA) for this grant program. The proposal is to dedicate $650,000 in funds for the
program, and all funds will be granted on a first-come, first-served basis. The program is designed
as follows:
BUSINESS RENT/MORTGAGE ASSISTANCE GRANTS:
The Business Rent/Mortgage Assistance Grant Program is designed to assist small businesses who
have endured financial distress. This business assistance program is designed to aid small
businesses with their rent/mortgage. All eligible Coppell small businesses, as defined by the SBA,
are eligible to apply for the grant, and the maximum grant amount for this program will be $10,000.
The business must meet the following specific criteria to qualify for the grant:
• Must be located within the city limits of Coppell;
2
• Must be in current compliance with the City of Coppell Code of Ordinances, including all
applicable zoning and land use ordinances;
• Must not be in any litigation with the City of Coppell or the County in which they are
located;
• Must have a physical store front in the City of Coppell;
• Must have a current utility bill showing a Coppell address for the business.
This program would award a one-time grant of $10,000 to eligible businesses that apply. Grants will
be awarded on a first-come, first-served basis once applications are available, and there will be a
continuous call for applications until all funds have been distributed.
The second proposed program is designed to assist businesses impacted by the reconstruction of S.
Belt Line Road. While this program will be offered to businesses located in the construction zone, it
will also be extended to identified retail businesses that are impacted by traffic detours off of Denton
Tap Road. The proposal is to dedicate $100,000 in funds for the program from the General Fund
fund balance, and all funds will be granted on a first-come, first-served basis. Staff is currently
conducting an evaluation of alternative funding sources, specifically the American Rescue Plan Act
(ARPA). The program is designed as follows:
REVENUE RECOVERY ASSISTANCE GRANTS:
The Revenue Recovery Assistance Grant Program is designed to assist all retail, restaurant and
personal service businesses that will be negatively impacted by the road construction on S. Belt Line
Road. All eligible retail, restaurants and personal service businesses identified will be eligible for a
one-time grant of $5,000 for revenue recovery. The list of eligible businesses will be available at the
time the application is released. The businesses must meet the following specific criteria to qualify
for the grant:
• Must be identified as an eligible business that is located on S. Denton Tap Road/S. Belt Line
Road, south of Sandy Lake Road;
• Must be in current compliance with the City of Coppell Code of Ordinances, including all
applicable zoning and land use ordinances;
• Must not be in any litigation with the City of Coppell or the County in which they are
located;
• Must be open and operational at the time of grant application and award.
This program would award a one-time grant of $5,000 to eligible businesses that apply and are
approved. Grants will be awarded on a first-come, first-served basis once applications are available,
and there will be a continuous call for applications until all funds have been distributed.
The city will also design and promote shopping campaigns for retail businesses negatively impacted
by the road construction throughout the duration of the project.
3
Analysis:
Businesses identified as eligible for the Revenue Recovery Assistance Grants are eligible to receive
both proposed grants.
If City Council would like to proceed with these programs, staff will bring forward a Resolution for
consideration and approval in April. The grant applications will be made available shortly thereafter.
Applications will be reviewed on a weekly basis and will be awarded to all eligible businesses until
all funds have been distributed.
Legal Review:
N/A
Fiscal Impact:
Funding for the Business Rent/Mortgage Assistance Grant Program grant programs is being provided
by the Federal Government through ARPA funds. Funding for the Revenue Recovery Assistance
Grant Program is being provided by the General Fund fund balance.
Recommendation:
Staff is seeking input and direction from City Council on the proposed programs.
MEMORANDUM
To: Mayor and City Council
From: Mike Land, City Manager
Date: March 8, 2022
Reference: Discussion regarding March 22nd Work Session agenda topics.
The above item has been placed on Work Session to discuss the upcoming March 22, 2022, Work
Session. Staff has the current list as such:
• Value Proposition discussion.
• Competitor/comparator for the city’s compensation plan update.
• Follow up for items in the budget including continued discussion on Homestead Exemption
direction.
• Code of Conduct review.
• Utility Billing update – winter averaging timeline and tiered rate structure.
• Five Year Forecast discussion.
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6160
File ID: Type: Status: 2022-6160 Agenda Item Consent Agenda
1Version: Reference: In Control: City Council
02/28/2022File Created:
Final Action: Minutes 2/22/22File Name:
Title: Consider approval of the minutes: February 22, 2022.
Notes:
Sponsors: Enactment Date:
CM 2022-02-22.pdfAttachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
Related Files:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
Text of Legislative File 2022-6160
Title
Consider approval of the minutes: February 22, 2022.
Summary
Page 1City of Coppell, Texas Printed on 3/4/2022
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Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6158
File ID: Type: Status: 2022-6158 Agenda Item Consent Agenda
1Version: Reference: In Control: Engineering
02/28/2022File Created:
Final Action: Justice Center Roof ReplacementFile Name:
Title: Consider approval of awarding a contract to the Garland Company; for the
replacement of the roof at the Coppell Justice Center (Police side only); in the
amount of $323,800.00; as budgeted; and authorizing the City Manager to
sign any necessary documents.
Notes:
Sponsors: Enactment Date:
Justice Center Roof Memo.pdf, Coppell Justice Center
Roof Proposal 2022.pdf
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
Related Files:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
Text of Legislative File 2022-6158
Title
Consider approval of awarding a contract to the Garland Company; for the replacement of the
roof at the Coppell Justice Center (Police side only); in the amount of $323,800.00; as
budgeted; and authorizing the City Manager to sign any necessary documents.
Summary
Fiscal Impact:
The fiscal impact of the agenda item is a total of $323,800 as budgeted in the Infrastructure
Maintenance Fund.
Staff Recommendation:
The Public Works Department recommends approval.
Page 1City of Coppell, Texas Printed on 3/4/2022
Master Continued (2022-6158)
Strategic Pillar Icon:
Sustainable Government
Page 2City of Coppell, Texas Printed on 3/4/2022
1
MEMORANDUM
To: Mayor and City Council
From: Steve Shore, Facilities Manger
Kent Collins, P.E., Director of Public Works
Date: March 8, 2022
Reference: Replacement of Justice Center Roof
2040: Pillar 0: Sustainable City Government
Goal 3: Well-maintained City Infrastructure
General Information:
•The Justice Center, constructed in 1996, is a City-owned facility located at 130 Town
Center Blvd.
•The portion of the roof over the Police Department side of the building needs
replacement.
•The work will be performed in the area above the Police Department and the Court
Room of the Justice Center. The roof over the Courts office area was previously
replaced in 2017 and is not a part of this work.
•Public Works Department is recommending the replacement of the roof this fiscal
year, as budgeted, in the amount of $323,800.00.
Introduction:
This agenda item is being presented to consider approval of awarding a contract with Next Gen
Construction, a member of TIPS Purchasing Co-Op, TIPS number 200201, quote #0130-01, for the
replacement of the Justice Center roof located at 130 Town Center Blvd., in the amount of
$323,800.00; as budgeted in IMF and authorizing the City Manager to sign any necessary documents.
2
Analysis: The Justice Center is a City-owned facility at 130 Town Center Blvd. that was constructed
in 1996 and the roof is original to the facility, so is almost 30 years old. The primary issues with the
current roof as noted by inspection are:
•The restoration roof coating system installation used in some areas has failed
•Current conditions have allowed moisture to be trapped in the roof system
•Previous repairs have proven deficient to long-term performance
•UV degradation
•Restricted drainage
•Exposed membrane in multiple locations
Conclusion:
Based on physical roof discoveries, the proper course of action is to perform a complete replacement
of roof.
The work will be performed during normal hours and performed such to minimize the disruption to
City staff working at the site. The roof replacement will take approximately one month to complete
with the intention of performing the work during the months of March and April to take advantage of
lower rainfall and mild temperatures. The objective is to have the work completed before the
May/June rainy season begins. This project will not conflict with the use of the Justice Center which
will remain open while the work is performed. All precautions will be in place to ensure the safety of
City staff and the public during the performance of the project. The replacement roof will be a 30-
year roof.
Legal Review:
The work is being performed by Next Gen Construction. The Garland Company, which currently
holds the City of Coppell’s Roof Asset Management Contract, has solicited three (3) quotes from
qualified contractors on behalf of the City of Coppell. Their contract has been reviewed by the City
Attorney and the Purchasing Division.
Fiscal Impact:
The fiscal impact of the agenda item is a total of $323,800.00 as budgeted in the Infrastructure
Maintenance Fund.
Recommendation:
The Public Works Department recommends approval of this item.
City of Coppell: Justice Center Reroof Package with TIPS Contract
Prepared By
Russell Roberts
Prepared For
Steve Shore
January 17, 2022
Table of Contents
The City of Coppell / Client Data.........................................................................................................................................3
Justice Center / Facility Summary.......................................................................................................................................4
Justice Center / Facility Drawing.........................................................................................................................................6
Justice Center / Restoration Roof / Roof Section Photo....................................................................................................7
Justice Center / Restoration Roof / Roof Section Drawing.................................................................................................8
Justice Center / Restoration Roof / Construction Details...................................................................................................9
Justice Center / Restoration Roof / Inspection: Dec 20, 2018..........................................................................................11
Justice Center / Restoration Roof / Photo Report: Dec 20, 2018 - Roof Conditions Photographic Report......................12
Justice Center / Restoration Roof / Solution: Jan 1, 2019................................................................................................29
City of Coppell Justice Roofing Package- 2021 Scope of Work.pdf..................................................................................30
Coppell JC Reroof Plan.pdf...............................................................................................................................................33
Roofing Proposal - Coppell Justice Center - TIPS - 2022.pdf...........................................................................................35
Client Data
Client:The City of Coppell
Client DataClient Data
NameName The City of Coppell
Address 1Address 1 265 Parkway Boulevard
CityCity Coppell StateState Texas
ZIPZIP 75019 CountryCountry United States
Contact InfoContact Info
Contact PersonContact Person Steve Shore TitleTitle Facilities Manager
Mobile Phone:Mobile Phone:469-416-8203 Office Phone:Office Phone:972-462-5152
Email:Email:sshore@coppelltx.gov
Client Data Page 3
Facility Summary
Client:The City of Coppell
Facility:Justice Center
Facility DataFacility Data
Address 1Address 1 130 Town Center
CityCity Coppell
StateState Texas
ZIPZIP 75019
Type of FacilityType of Facility Municipal
Contact PersonContact Person Andrew Moore
NotesNotes
As requested, The Garland Company has inspected the roofing systems and assemblies associated with the
structures located at the above referenced site, and file the following report. At the request of interested
parties, The Garland Company was asked to provide a roof conditions investigation of modified bitumen and
restoration roofing system installed at 130 Town Center BLVD, Coppell, TX 75019.
The inspection of this property was performed on Thursday, December 20, 2018 between 10:00 am - 12:00 pm
and was completed by The Garland Company representative Russell Roberts and Coppell representative Andrew
Moore. Included with this Written Report, we have provided a Forensic Photographic Document Report detailing
our inspection of the modified bitumen roof system and restoration roof system at address listed above of
report.
Facility Summary Page 4
Asset InformationAsset Information
NameName Date InstalledDate Installed Square FootageSquare Footage Roof AccessRoof Access
HVAC Documents 2017 -
Masonry Walls 1995 13,000
Modified Bitumen: Original Roof N/A 8,000 Attached Ladder
Restoration Roof N/A 17,000 Attached Ladder
Standing Seam Metal Roof N/A 9,475 Internal Roof Hatch
Facility Summary Page 5
Facility Drawing Page 6
Roof Section Photo Page 7
Roof Section Drawing Page 8
Construction Details
Client:The City of Coppell
Facility:Justice Center
Roof Section:Restoration Roof
InformationInformation
Year InstalledYear Installed N/A Square FootageSquare Footage 17,000
Slope DimensionSlope Dimension 1/4"Eave HeightEave Height 24
Roof AccessRoof Access Attached Ladder System TypeSystem Type Coated Modified Bitumen
AssemblyAssembly
Roof #Roof #Layer TypeLayer Type DescriptionDescription AttachmentAttachment R-ValueR-Value ThicknessThickness
1 Surfacing Acrylic coating Spray applied --
1 Membrane Mod Bit - 2 ply mineral surfaced Adhesive --
1 Cover Board 1/2" Perlite Hot asphalt -1/2"
1 Insulation Polyisocyanurate - tapered Mechanically attached 13 25
1 Insulation Polyisocyanurate Mechanically attached 25 3"
1 Deck Metal Deck Unknown - 22 GA
DetailsDetails
Construction Details Page 9
Perimeter DetailPerimeter Detail Parapet Wall, Metal Edge, Wall Cladding
Flashing MaterialFlashing Material Modified Membrane
Drain SystemDrain System Internal Roof Drains
Parapet WallParapet Wall Concrete Block
Coping CapCoping Cap Metal
InventoryInventory
Inventory TypeInventory Type QuantityQuantity
Drain 8
Heat Stack 7
HVAC 5
NotesNotes
Section Summary: (Restoration [White] Roof System)
In general: (1) the restoration roof coating system installation in some areas did not conform to industry standards and/or
applicable building codes, (2) trapped moisture in roof system, (3) ponding water, (4) uv degradation, (5) deficient repairs,
(6) exposed roof membrane, (7) restricted drainage, (8) detached lightning rod pads, (9) repairs do not meet minimum
industry standards, “best practice”.
Construction Details Page 10
Inspection Report
Client:The City of Coppell
Facility:Justice Center
Roof Section:Restoration Roof
Report Date: 12/20/2018
Inspection InformationInspection Information
Inspection DateInspection Date 12/20/2018 Core DataCore Data No
Inspection TypeInspection Type Visual Inspection LeakageLeakage No
PerimeterPerimeter
RatingRating Poor
ConditionCondition
FieldField
RatingRating Failed
ConditionCondition
PenetrationsPenetrations
RatingRating Fair
ConditionCondition
DrainageDrainage
RatingRating Poor
ConditionCondition
OverallOverall
RatingRating Poor
ConditionCondition
Inspection: Dec 20, 2018 Page 11
Photo Report
Client:The City of Coppell
Facility:Justice Center
Roof Section:Restoration Roof
Report Date: 12/20/2018
Title: Roof Conditions Photographic Report
Photo 1
Photograph shows
typical roof conditions of
restoration coating
surface.
Photo Report: Dec 20, 2018 - Roof Conditions Photographic Report Page 12
Photo 2
Photograph shows
ponding water and
typical roof conditions of
restoration coating
surface.
Photo 3
Photograph shows
typical roof conditions of
restoration coating
surface.
Photo Report: Dec 20, 2018 - Roof Conditions Photographic Report Page 13
Photo 4
Photograph shows
ponding water and
typical roof conditions of
restoration coating
surface.
Photo 5
Photograph shows
typical roof conditions of
restoration coating
surface.
*** Note: reflection of
sun on surface of
ponding water. This
condition is also
referred to Rapid UV
Degradation of roof
surface. See Photograph
#8 for long term effect
of UV Degradation of
roof surface.
Photo Report: Dec 20, 2018 - Roof Conditions Photographic Report Page 14
Photo 6
Photograph shows
ponding water and
typical roof conditions of
restoration coating
surface.
Photo 7
Photograph shows
ponding water and
typical roof conditions of
restoration coating
surface.
Photo Report: Dec 20, 2018 - Roof Conditions Photographic Report Page 15
Photo 8
ROOF SECTION A
Observed moisture
trapped in roof system.
Photo 9
ROOF SECTION A
Observed moisture
trapped in roof system.
Photo Report: Dec 20, 2018 - Roof Conditions Photographic Report Page 16
Photo 10
ROOF SECTION A
Observed moisture
trapped in roof system.
Photo 11
ROOF SECTION A
Observed moisture
trapped in roof system.
Photo Report: Dec 20, 2018 - Roof Conditions Photographic Report Page 17
Photo 12
ROOF SECTION B
Observed moisture
trapped in roof system.
Photo 13
ROOF SECTION B
Observed roof coating
separating at seams on
original mod bit roof
system.
Photo Report: Dec 20, 2018 - Roof Conditions Photographic Report Page 18
Photo 14
ROOF SECTION C
Observed restoration
coating separated from
roof membrane. See
Photograph #5 for cause
of this condition "UV
Degradation" and
explanation of Effect.
Photo 15
ROOF SECTION C
Photograph shows close
view of restoration
coating separated from
roof membrane.
Photo Report: Dec 20, 2018 - Roof Conditions Photographic Report Page 19
Photo 16
ROOF SECTION C
Observed roof coating
surfaces detaching from
roof surrounding
exposed adhesive.
Photo 17
ROOF SECTION C
Observed roof coating
surfaces detaching from
roof surrounding
exposed adhesive.
Photo Report: Dec 20, 2018 - Roof Conditions Photographic Report Page 20
Photo 18
ROOF SECTION C
Observed additional
roof surface separating
from roof system.
Photo 19
ROOF SECTION C
Observed additional
roof surface separating
from roof system.
Photo Report: Dec 20, 2018 - Roof Conditions Photographic Report Page 21
Photo 20
ROOF SECTION C
Observed additional
roof surface separating
from roof system.
Photo 21
ROOF SECTION C
Observed additional
roof surface separating
from roof system.
Photo Report: Dec 20, 2018 - Roof Conditions Photographic Report Page 22
Photo 22
ROOF SECTION C
Observed additional
roof surface separating
from roof system.
Photo 23
ROOF SECTION C
Observed exposed roof
surface where
restoration coating has
detached.
Photo Report: Dec 20, 2018 - Roof Conditions Photographic Report Page 23
Photo 24
ROOF SECTION C
Observed exposed
mineral roof surface
where restoration
coating has detached.
Photo 25
ROOF SECTION C
Observed ponding water
along with separation of
restoration coating at
through wall drain.
Photo Report: Dec 20, 2018 - Roof Conditions Photographic Report Page 24
Photo 26
ROOF SECTION C
Observed ponding water
along with separation of
restoration coating at
through wall drain.
Photo 27
Observed lightning rod
protection components
detached from roof
surface.
Photo Report: Dec 20, 2018 - Roof Conditions Photographic Report Page 25
Photo 28
Observed lightning rod
protection components
detached from roof
surface.
Photo 29
Observed adhesive on
bottom surface of
lightning rod
components from
original roof system.
Photo Report: Dec 20, 2018 - Roof Conditions Photographic Report Page 26
Photo 30
Observed deficient
repairs installed on
through wall drains.
Photo 31
Observed additional
deficient repairs
installed on through wall
drains.
**SEE NEXT PHOTO FOR
EFFECT**
Photo Report: Dec 20, 2018 - Roof Conditions Photographic Report Page 27
Photo 32
Photograph shows
effect of deficient
repairs observed in
previous photo.
Photo Report: Dec 20, 2018 - Roof Conditions Photographic Report Page 28
Solution Options
Client:The City of Coppell
Facility:Justice Center
Roof Section:Restoration Roof
Replace OptionsReplace Options
Solution Option:Solution Option:Replace Action Year:Action Year:2019
Square Footage:Square Footage:17,000 Expected Life (Years):Expected Life (Years):30
Budget:Budget:$335,000.00
Scope of Work:
Please see scope of Work labeled " Justice Center Roof Section Original " attached to this report for scope of work to
be applied to deficient Restoration Roof System.
Solution: Jan 1, 2019 Page 29
Case# TGCRR-130-01
Coppell Facilities Department
Andrew Moore
1
City of Coppell- Justice Center
Scope of Work
SCOPE OF WORK- Sustainable Design High Performance Modified Built-up Roof System Incorporating
the Use of Environmentally Responsible Components. Modified Bituminous Built-Up-Roof System
including but not limited to: Provide all labor, equipment, and materials to install the roof system over the
properly prepared substrate.
Scope of Work: Recover Section
1. Moisture scan to be provided to manufacturer BEFORE work commences to ensure no moisture is
currently trapped in roof assembly.
2. Remove and haul off all vertical wall assembly flashings including “cant” stip.
3. Mechanically attach specified ½” primed cover board according to wind uplift calculations provided
by manufacturing company.
4. Install torch applied base sheet over primed coverboard according to manufacturer’s installation
instructions.
5. Install torch applied mineral cap sheet over base sheet according to manufacturer’s installation
instructions.
6. Fabricate and install new 24 ga. Stainless steel pitch pans and hoods. Prime both sides of flanges and
set in specified mastic.
7. Flashing system: Install 195 mil torch applied mineral surfaced cap sheet as specified. Torch 6” laps
over all side laps of the new flashing. Install termination bar as specified. Seal top of flashing with
three courses mastic detail.
8. Fabricate and install new pre-finished coping caps with new nailers as needed. Color chosen by
owner. All sheet metal work shall conform to ANSI-SPRI-ES1.
9. Fabricate and install new pre-finished 22 ga. Pre-finished drip edge raised metal edges (like kind
quality) as specified with 22 ga. Galvanized.
10. Provide new r oller supports for gas lines per code requirements.
11. Remove abandoned curbs and provide new decking to match existing and designated locations.
12. Coat all gas lines with two coats of safety yellow paint.
13. Contractor to provide 5 year workmanship and 2 year material warranty.
14. Manufacturer to provide 30 Year Warranty.
Page 30
-2-
Scope of Work: Reroof Section
1. Remove all existing roofing, insulation, related sheet metal flashing and accessories.
2. Inspect metal decking for rust and other defects. If needed, remove rust and apply a coat of red oxide
rust inhibitor per manufacturers recommendations.
3. Replace damaged decking matching 1.5” Type-A as needed. Must provide photos of decking before
and after installation. Provide price per board foot to replace.
4. Replace all wood nailers at the perimeter with new fire treated lumber.
5. Mechanically fasten new ISO insulation. Provide two layers of 2.3” fastened per ASCE 7-10
requirements. Total insulation and crickets R-Value to average more than R-25.
6. Install crickets in specified locations to provide proper drainage. Ponding water will not be allowed.
7. Install ¼” crickets on the high side of curbs to prevent ponding water.
8. Mechanically attach specified ½” primed cover board according to wind uplift calculations provided
by manufacturing company.
9. Install torch applied base sheet over primed coverboard according to manufacturer’s installation
instructions.
10. Install torch applied mineral cap sheet over base sheet according to manufacturer’s installation
instructions.
11. Fabricate and install new 24 ga. Stainless steel pitch pans and hoods. Prime both sides of flanges and
set in specified mastic.
12. Flashing system: Install 195 mil torch applied mineral surfaced cap sheet as specified. Torch 6” laps
over all side laps of the new flashing. Install termination bar as specified. Seal top of flashing with
three courses mastic detail.
13. Fabricate and install new pre-finished coping caps with new nailers as needed. Color chosen by
owner. All sheetmetal work shall conform to ANSI-SPRI-ES1.
14. Fabricate and install new pre-finished 22 ga. Pre-finished drip edge raised metal edges (like kind
quality) as specified with 22 ga. Galvanized.
15. Provide new r oller supports for gas lines per code requirements.
16. Remove abandoned curbs and provide new decking to match existing and designated locations.
17. Coat all gas lines with two coats of safety yellow paint.
18. Contractor to provide 5 year workmanship and 2 year material warranty.
19. Manufacturer to provide 30 Year Warranty.
20.
Additional Notes:
1) Locked fencing area around staging area; Ground protection in staging area; Portable Toilet
responsibility of contractor.
2) Pitch pans will have stainless covers installed over pan with Seal-Tite fill and Gar-Rock base.
3) Client is Tax Exempt. Bonding, freight/shipping, permit fee will be responsibility of Contractor. fee
will be responsibility of Contractor.
4) Weekly OSHA safety meeting to conducted and documented by General Contractor awarded project.
5) Mobilization plan with map to be provided by General Contractor awarded project before work
commences.
6) Parking lot protection to be included in proposal and provided by General Contractor awarded project.
Page 31
-3-
Page 32
Page 33
Page 34
Next Gen Construction
PO Box 136579
Fort Worth, TX 76136
www.teamNGC.com
City of Coppell – Justice Center Recover Proposal 2022
January 5, 2022
City of Coppell
255 East Parkway Blvd.
PO Box 9478
Coppell, TX 75019
TIPS PURCHASING COOP - 200201
ROOFING REPAIR PROPOSAL
We are pleased to submit this proposal for the recover project at the Coppell Justice Center located at 130
Town Center Blvd., Coppell, TX 75019 for the Owner(s). This proposal includes both labor, materials
and equipment for the work as described below. This proposal is limited to the roof sections outlined in
green, blue and red below and excludes all other roofs and awnings.
This proposal includes the cost of Payment and Performance Bonds.
Page 35
Next Gen Construction
PO Box 136579
Fort Worth, TX 76136
www.teamNGC.com
City of Coppell – Justice Center Recover Proposal 2022
GREEN OUTLINE ROOF WORK INCLUDES
1. Prepare existing roof system for repair.
2. Apply Garla-BlockTM Primer to the existing roof system at a rate of 1/2 - 1
3. gallon per square prior to application of the White-Star system.
4. Apply one coat of White-Star at a rate of 2 gallons per square.
5. Apply a second coat of White-Star at a rate of 2 gallons per square.
6. Contractor to provide 5 year workmanship and 2 year material warranty.
7. Manufacturer to provide 30 year warranty.
RED OUTLINE ROOF WORK INCLUDES
1. Moisture scan to be provided to manufacturer BEFORE work commences to ensure
no moisture is currently trapped in roof assembly.
2. Remove and haul off all vertical wall assembly flashings including “cant” stip.
3. Mechanically attach specified ½” primed cover board according to wind uplift
calculations provided by manufacturing company.
4. Install torch applied base sheet over primed coverboard according to manufacturer’s
installation instructions.
5. Install torch applied mineral cap sheet over base sheet according to manufacturer’s
installation instructions.
6. Fabricate and install new 24 ga. Stainless steel pitch pans and hoods. Prime both sides
of flanges and set in specified mastic.
7. Flashing system: Install 195 mil torch applied mineral surfaced cap sheet as specified.
Torch 6” laps over all side laps of the new flashing. Install termination bar as
specified. Seal top of flashing with three courses mastic detail.
8. Fabricate and install new pre-finished coping caps with new nailers as needed. Color
chosen by owner.
9. Fabricate and install new pre-finished 24 ga. Pre-finished drip edge raised metal
edges (like kind quality) as specified with 24 ga. Galvanized.
10. Provide new roller supports for gas lines per code requirements.
11. Remove abandoned curbs and provide new decking to match existing and designated
locations.
12. Coat all gas lines with two coats of safety yellow paint.
13. Contractor to provide 5 year workmanship and 2 year material warranty.
14. Manufacturer to provide 30 year warranty.
BLUE OUTLINE ROOF WORK INCLUDES
1. Remove all existing roofing, insulation, related sheet metal flashing and accessories.
2. Inspect metal decking for rust and other defects. If needed, remove rust and apply a
coat of red oxide rust inhibitor per manufacturers recommendations.
Page 36
Next Gen Construction
PO Box 136579
Fort Worth, TX 76136
www.teamNGC.com
City of Coppell – Justice Center Recover Proposal 2022
3. Replace damaged decking matching 1.5” Type-A as needed. Must provide photos of
decking before and after installation. Provide price per board foot to replace.
4. Replace all wood nailers at the perimeter with new fire treated lumber.
5. Mechanically fasten new ISO insulation. Provide two layers of 2.3” fastened per
ASCE 7-10 requirements. Total insulation and crickets R-Value to average more than
R-25. 6. Install crickets in specified locations to provide proper drainage. Ponding
water will not be allowed.
6. Install ¼” crickets on the high side of curbs to prevent ponding water.
7. Mechanically attach specified ½” primed cover board according to wind uplift
calculations provided by manufacturing company.
8. Install torch applied base sheet over primed coverboard according to manufacturer’s
installation instructions.
9. Install torch applied mineral cap sheet over base sheet according to manufacturer’s
installation instructions.
10. Fabricate and install new 24 ga. Stainless steel pitch pans and hoods. Prime both sides
of flanges and set in specified mastic.
11. Flashing system: Install 195 mil torch applied mineral surfaced cap sheet as specified.
Torch 6” laps over all side laps of the new flashing.
12. Install termination bar as specified. Seal top of flashing with three courses mastic
detail.
13. Fabricate and install new pre-finished coping caps with new nailers as needed. Color
chosen by owner.
14. Fabricate and install new pre-finished 24 ga. Pre-finished drip edge raised metal
edges (like kind quality) as specified with 24 ga. Galvanized.
15. Provide new roller supports for gas lines per code requirements.
16. Remove abandoned curbs and provide new decking to match existing and designated
locations.
17. Coat all gas lines with two coats of safety yellow paint.
18. Contractor to provide 5 year workmanship and 2 year material warranty.
19. Manufacturer to provide 30 year warranty.
EXCLUDES
1. The removal, handling and installation of the communication system located on the roof.
2. The removal, handling and installation of the lighting protection system located on the roof.
3. Any structural deficiencies and/or conditions.
4. Any plumbing, electrical and mechanical work.
5. Framing, wood blocking, metal canopies or prefabbed metal decks.
6. Testing and submittals.
7. Work not specified in line items above.
Page 37
Next Gen Construction
PO Box 136579
Fort Worth, TX 76136
www.teamNGC.com
City of Coppell – Justice Center Recover Proposal 2022
PROJECT TERMS AND CONDITIONS
1. Contractor shall carry General Liability Insurance and Workers Compensation.
2. Contractor shall coordinate all schedules and work hours with the Owner or the designated
representative. Standard work hours shall apply to this project.
3. Once work commences, Contractor shall proceed diligently to final completion.
4. Contractor shall not be responsible for existing building conditions such as but not limited to:
trapped moisture in the existing roof, leaking roof, walls, windows, gutters, interior drains,
pipes, air conditioning equipment, ducts, vents, fans, parapets, mansards, waterlines,
driveways, parking lots, electrical lines, masonry walls, adjacent roofs, skylights, trim, or
existing water damage to interior of building (walls, ceilings, floors, etc.), hidden conduit
within or below the existing roof system, multiple roofs, the existence of mold and/or
asbestos containing materials, results of the placement of new materials on the existing roof,
normal construction foot traffic, and spalling from fasteners on concrete decks.
5. Payment Schedule shall be as follows with all invoices due upon receipt:
Materials due upon delivery
Remaining invoices will be billed as project gets completed.
6. This proposal, if accepted, shall become the entire agreement between the parties. There are
no agreements either express or implied that extend beyond the face of this proposal.
7. Price is good for delivery of materials for 30 days from the date of this proposal.
TOTAL VALUE OF WORK AS OUTLINED ABOVE:
$ 323,800.00
Submitted By, ACCEPTED
Justin Coleman, Owner Company:_________ ____________________________
Blake Bolin, Owner Printed Name:_________________________ _____________
Next Gen Construction Authorized Signature:___________ ___________
Title:_________________________________________ _____
Date:_____________________________ ________ _____
Page 38
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6134
File ID: Type: Status: 2022-6134 Agenda Item Consent Agenda
1Version: Reference: In Control: Engineering
02/11/2022File Created:
Final Action: PSA Annual Maint Dallas CountyFile Name:
Title: Consider approval to enter into a Project Specific Agreement with Dallas
County; for maintenance and improvements to roads and drainage ways at
various locations; in the amount of $250,000.00; as budgeted in the
Infrastructure Maintenance and Drainage Utility District funds; and authorizing
the Mayor to sign.
Notes:
Sponsors: Enactment Date:
PSA Dallas County - Various Locations Memo.pdf,
Dallas Coppell PSA 2022.pdf, Dallas County Coppell
ILA Master Agreement.pdf
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
Related Files:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
Text of Legislative File 2022-6134
Title
Consider approval to enter into a Project Specific Agreement with Dallas County; for
maintenance and improvements to roads and drainage ways at various locations; in the amount
of $250,000.00; as budgeted in the Infrastructure Maintenance and Drainage Utility District
funds; and authorizing the Mayor to sign.
Summary
Fiscal Impact:
The fiscal impact of this item is $250,000, as budgeted in the Infrastructure Maintenance Fund
and Drainage Utility District Fund.
Page 1City of Coppell, Texas Printed on 3/4/2022
Master Continued (2022-6134)
Staff Recommendation:
The Public Works Department recommends approval.
Strategic Pillar Icon:
Sustainable Government
Page 2City of Coppell, Texas Printed on 3/4/2022
1
MEMORANDUM
To:
From:
Date:
Mayor and City Council
Kumar Gali, P.E., Assistant Director of Public Works - Operations
Kent Collins P.E., Director of Public Works
March 8, 2022
Reference: Dallas County Project Specific Agreement (Various locations)
2040: Foundation Pillar: Sustainable City Government
Goal 4: City Services to Ensure High Levels of Customer Satisfaction
General Information:
•Project Specific Agreement (PSA) with Dallas County to provide maintenance work
on any of the city’s roads and drainage ways as needed.
•Maintenance and improvements work on roads include asphalt milling, overlay and
repairs. Drainage ways maintenance includes removal of any debris and tree blockages
that obstructs the flow.
•Dallas County has been providing road and drainage way maintenance and
improvements services to the city for the past four to five years under the master
Interlocal Agreement approved by Council in November of 2017.
•A new PSA is presented to the Council for approval since the approved funds in the
existing PSA are depleted.
•The current PSA is approval for a value of $250,000.00.
Introduction:
This agenda item is being presented to consider approval to enter into a Project Specific Agreement
with Dallas County for maintenance and improvements to roads and drainage ways at
various locations in the amount of $250,000.00, as budgeted in the Infrastructure Maintenance
and Drainage Utility District funds; and authorizing the Mayor to sign.
2
Analysis:
Dallas County has performed asphalt maintenance and improvements for the city in previous years
under a similar agreement. Under previous agreements, each time the county was to perform asphalt
repairs or ditch grading and maintenance for the City, a project specific agreement has been
required for each individual road that required Dallas County Commissioners Court approval. This
agreement allows for flexibility to request maintenance work by the County on any road and
drainage way within the city limits. This added flexibility will allow the City and the County to
work together in a more efficient manner to address resident needs. This particular PSA will cover
needed maintenance on Royal Lane as well as asphalt and drainage maintenance and repairs
throughout the city.
In accordance with the Master Interlocal Agreement that was approved by Council in November of
2017 and renewed every five years, the city will fund 100% of the cost of labor and materials for
this work and Dallas County will supply the equipment and personnel to perform the work. Dallas
County Road and Bridge crews have completed many similar projects cost effectively and with
good results for the city in the past.
Legal Review:
The Project Specific Agreement was reviewed by the city attorney.
Fiscal Impact:
The fiscal impact of this item is $250,000.00, as budgeted in the Infrastructure Maintenance Fund
and Drainage Utility District funds.
Recommendation:
The Public Works Department recommends approval of this item.
R&B PSA - CITY OF COPPELL 2-10-2022 1
PROJECT SPECIFIC AGREEMENT
Re: Various Locations
PURSUANT TO ROAD & BRIDGE
MASTER INTERLOCAL AGREEMENT BETWEEN
DALLAS COUNTY AND THE CITY OF COPPELL, TEXAS
This Project Specific Agreement, (hereinafter “PSA”), supplemental to the Master
Interlocal Agreement, is made by and between Dallas County, Texas (hereinafter “County”) and
the City of Coppell, Texas (hereinafter “City”), acting by and through their duly authorized
representatives and officials, for the purpose of transportation-related maintenance, repairs and
improvements to be performed on streets in the City of Coppell, Texas (“Project”).
WHEREAS, Chapter 791 of the Texas Government Code and Chapters 251 and 472 of
the Texas Transportation Code provide authorization for local governments to contract amongst
themselves for the performance of governmental functions and services;
WHEREAS, on January 2, 2018, County and City entered into a Master Interlocal
Agreement (“Master Agreement”), whereby County agreed to provide road and bridge minor
transportation-related improvements, maintenance, and repair on “Type B,” “Type C,” and “Type
E” roadways, situated within the territorial limits and jurisdiction of City, such minor
transportation-related improvements, maintenance, and repair to be fully funded and paid for at
City’s costs and expense; and for the purpose of the City authorizing and retaining County, through
its Road & Bridge forces, to perform minor transportation-related improvements, maintenance,
and repair services, including but not limited to asphalt overlay, street milling, full depth asphalt
repair, asphalt level-ups, pothole repair, cleaning and clearing of drainage culverts, roadway debris
removal, and the like, which services do not fall squarely within the purview of “Type E”
Roadway Projects, such projects to be performed on or about public roadways and alleyways
situated wholly within the territorial limits of the City in Dallas County, Texas; as more fully
described in Attachment “A,” and
WHEREAS, City now desires County to perform such minor transportation-related
improvements, maintenance, and repairs, consisting of asphalt overlay, street milling, full depth
asphalt repair, asphalt level-ups, pothole repair, cleaning and clearing of drainage culverts,
roadway debris removal, and various other services. These services are to be performed wholly
within the territorial limits of City of Coppell, Texas, in Dallas County, Texas, as more fully
described in Attachment “A.”
NOW THEREFORE THIS PSA is made by and entered into by County and City, for the
mutual consideration stated herein.
Witnesseth
Article I
Project Specific Agreement
This PSA is specifically intended to identify a Project authorized under the Master
Agreement. This document sets forth the rights and responsibilities pertaining to each party hereto,
and is additional and supplemental to the Master Agreement, and all amendments and supplements
R&B PSA - CITY OF COPPELL 2-10-2022 2
thereto, which are incorporated herein. All terms of the Master Agreement remain in full force
and effect, except as modified herein. In the event of any conflict between the Master Agreement
and this PSA, this PSA shall control.
Article II
Incorporated Documents
This PSA incorporates, as if fully reproduced herein word for word and number for
number, the following items:
1. Master Agreement authorized by County Commissioners Court Order 2018-0038, dated
January 2, 2018 and additions thereto as incorporated herein;
2. Cost Estimate (Attachment “A”), which is attached hereto and incorporated herein by
reference; and
3.Map and Road List (Attachment “B”), which is attached hereto and incorporated herein
by reference.
Article III
Term of Agreement
This PSA becomes effective when signed by the last party whose signature makes the
agreement fully executed and shall terminate upon the completion and acceptance of the Project
by the City or upon the terms and conditions in the Master Agreement.
Article IV
Project Description
This PSA is entered into by the parties for the purpose of the City authorizing the County,
through its Road & Bridge forces, to perform minor transportation-related improvements,
maintenance, and repair services, including but not limited to pothole repair, asphalt overlay, full
depth base repair, crack sealing, and clearing of drainage obstructions to the Type “E” roads and
streets listed in Attachment “B,” which is attached hereto and incorporated herein. These services
are to be performed are situated wholly within the territorial limits of City of Coppell, Texas, in
Dallas County, Texas, as more fully described in Attachments “A” and “B.” The Project is
authorized by the aforementioned Master Agreement, with the parties’ obligations and
responsibilities governed thereby, as well as by the terms and provisions of this PSA. The Project
will facilitate the safe and orderly movement of public transportation to benefit both the City and
County. The City has and hereby gives its approval for expenditure of County for the construction,
improvement, maintenance or repair of a street located within the municipality.
Article V
Fiscal Funding
Notwithstanding anything to the contrary herein, this PSA is expressly contingent upon the
availability of County funding for each item and obligation contained herein. City shall have no
right of action against the County of Dallas as regards this PSA, specifically including any funding
by County of the Project in the event that the County is unable to fulfill its obligations under this
PSA as a result of the lack of sufficient funding for any item or obligation from any source utilized
to fund this PSA or failure of any funding party to budget or authorize funding for this PSA during
the current or future fiscal years. In the event of insufficient funding, or if funds become
unavailable in whole or part, the County, at its sole discretion, may provide funds from a separate
R&B PSA - CITY OF COPPELL 2-10-2022 3
source or terminate this PSA. In the event that payments or expenditures are made, they shall be
made from current funds as required by Chapter 791, Texas Government Code.
Notwithstanding anything to the contrary herein, this PSA is expressly contingent upon the
availability of City funding for each item and obligation contained herein. County shall have no
right of action against the City as regards this PSA, specifically including any funding by City of
the Project in the event that the City is unable to fulfill its obligations under this PSA as a result of
the lack of sufficient funding for any item or obligation from any source utilized to fund this PSA
or failure of any funding party to budget or authorize funding for this PSA during the current or
future fiscal years. In the event of insufficient funding, or if funds become unavailable in whole
or part, the City, at its sole discretion, may provide funds from a separate source or terminate this
PSA. In the event that payments or expenditures are made, they shall be made from current funds
as required by Chapter 791, Texas Government Code.
Article VI
Agreements
I.City’s Responsibilities:
1.City, at its own expense, shall be responsible for the following: (a) posting
appropriate and required notices to inform the public of the proposed maintenance
or construction activity, (b) acquiring any right-of-way necessary to complete the
Project under consideration, (c) locating all manholes, water valves, and other
utilities within the Project, (d) making all utility relocations or adjustments
necessary for the Project, (e) remediation of any hazardous or regulated materials,
or other environmental hazard on or near the Project site, and (f) where necessary,
providing appropriate traffic control support, including but not limited to flagging,
cones, barricades, shadow vehicles, arrow boards, signage, police presence, etc., to
enable the Project to be completed in a timely and safe manner.
2.City is responsible for striping the lanes after County completes the project.
3.City shall be responsible for maintaining the Project site once the project is
completed.
III.County Responsibilities:
1.County, shall be responsible for the following: (a) locating, marking and adjusting
(with City assistance) all visible manholes and water valve covers within the Project,
(b) contacting Texas 811 “Call before you dig” in compliance with State Law (c)
providing appropriate work zone traffic control, including but not limited to flagging,
cones, barricades, shadow vehicles, arrow boards, signage, etc., to enable the Project
to be completed in a timely and safe manner.
2.County shall be responsible for the performance of the minor transportation-related
improvements, maintenance, and repair services, including but not limited to
pothole repair, asphalt overlay, full depth base repair, crack sealing, and clearing of
drainage obstructions to road and streets listed in Attachment “B.”
R&B PSA - CITY OF COPPELL 2-10-2022 4
IV.Funding:
County and City mutually agree that City shall be responsible to pay One Hundred Percent
(100%) of the costs and expenses necessary to carry out and to perform the Project,
provided:
1.City shall only be liable and responsible for the amounts set forth in this PSA, and
any properly executed amendments and/or supplements hereto, and
2. Should unforeseen and unforeseeable circumstances arise which adversely and
materially impact the costs and expenses necessary to complete the Project as
contemplated, County and City shall renegotiate the terms hereof, taking into
proper account then-current conditions and estimated total costs to complete the
Project.
3. Once approved by the County, and immediately upon commencement of the Project
by County, the City shall segregate, set aside and place into an escrow account with
the Dallas County Treasurer, Two Hundred Fifty Thousand Dollars ($250,000.00),
representing the full amount to be paid to County either through monthly invoicing
or upon completion of the Project.
Article VII
Miscellaneous:
I.Indemnification. County and City agree that each shall be responsible for its own negligent
acts or omissions or other tortious conduct in the course of performance of this Agreement,
without waiving any governmental immunity available to County or City or their respective
officials, officers, employees, or agents under Texas or other law and without waiving any
available defenses under Texas or other law. Nothing in this paragraph shall be construed
to create or grant any rights, contractual or otherwise, in or to any third persons or entities.
II.No Third Party Beneficiaries. The terms and provisions of this PSA are for the benefit of the parties
hereto and not for the benefit of any third party. It is the express intention of County and City that
any entity other than County or City receiving services or benefits under this PSA shall be deemed
an incidental beneficiary only. This PSA is intended only to set forth the contractual right and
responsibilities of the parties hereto.
III.Applicable Law. This PSA is and shall be expressly subject to the County’s and City’s Sovereign
Immunity and/or Governmental Immunity of City, Title 5 of the Texas Civil Practice and
Remedies Code, as amended, and all applicable Federal and State Law. This PSA shall be
governed by and construed in accordance with the laws of the State of Texas. Exclusive venue for
any legal action regarding this PSA shall lie in Dallas County, Texas.
IV.Notice. All notices, requests, demands, and other communication under this PSA shall be tendered
in writing and shall be deemed to have been duly given when either delivered in person, via e-
mail, or via certified mail, postage prepaid, return receipt requested to the respective parties as
follows:
R&B PSA - CITY OF COPPELL 2-10-2022 5
COUNTY:
Director of Public Works Commissioner JJ Koch
Dallas County and Dallas County Commissioner, District #2
500 Elm Street, Suite 5300 411 Elm Street, Second Floor
Dallas, Texas 75202 Dallas, Texas 75202
CITY:
City Manager
City of Coppell, Texas
P.O. Box 9478
Coppell, Texas 75019
Either party may change its address for notice by giving the other party written notice thereof.
V.Assignment. This PSA may not be assigned or transferred by either party without the prior written
consent of the other party.
VI.Binding Agreement; Parties Bound. Upon execution by the parties, this PSA shall constitute a
legal, valid and binding obligation of the parties, their successors and permitted assigns.
VII.Amendment. This PSA may not be amended except in a written instrument specifically
referring to this PSA and signed by the parties hereto.
VIII.Counterparts. This PSA may be executed in multiple counterparts, each of which shall be
deemed an original, but all of which shall constitute one and the same instrument.
IX.Severability. If one or more of the provisions in this PSA shall for any reason be held to be invalid,
illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not
cause this PSA to be invalid, illegal or unenforceable, but this PSA shall be construed as if such
provision had never been contained herein, and shall not affect the remaining provisions of this
PSA, which shall remain in full force and effect.
X.Entire Agreement. This PSA embodies the complete agreement of the parties, and except where
noted, it shall supersede previous and/or contemporary agreements, oral or written, between the
parties and relating to matters in the PSA.
XI.Contingent. This PSA is expressly subject to and contingent upon formal approval by the Dallas
County Commissioners Court and by resolution of the City of Coppell, Texas.
XII.Number and Gender. Words of any gender used in this PSA shall be held and construed to include
any other gender and words in the singular shall include the plural and vice versa, unless the
context clearly requires otherwise.
XIII.Effective Date. This PSA shall commence on the Effective Date. The Effective Date of this PSA
shall be the date it is expressly executed by the last of the parties. Reference to the date of
execution shall mean the Effective Date.
XIV.No Joint Enterprise. The City and County agree that neither party is an agent, servant, or employee
of the other party. No joint enterprise exists between the City and County.
R&B PSA - CITY OF COPPELL 2-10-2022 6
The City of Coppell, State of Texas, has executed this PSA pursuant to duly authorized City
Council Resolution __________, Minutes _________, dated the _____day of _______________,
2022.
The County of Dallas, State of Texas, has executed this PSA pursuant to Commissioners Court
Order Number ______________ and passed on the ____day of ________________, 2022.
(the remainder of this page intentionally left blank)
(signatures appear on the following page)
R&B PSA - CITY OF COPPELL 2-10-2022 7
Executed this the _____day of Executed this the ______ day of
___________________, 2022. ______________________, 2022.
CITY OF COPPELL: COUNTY OF DALLAS:
_______________________________ _______________________________
MAYOR CLAY LEWIS JENKINS
COUNTY JUDGE
ATTEST:
APPROVED AS TO FORM*:
JOHN CREUZOT
DISTRICT ATTORNEY
_______________________________
CITY SECRETARY
___________________________
Jana Prigmore Ferguson
Assistant District Attorney
APPROVED AS TO FORM:
______________________
CITY ATTORNEY
*By law, the District Attorney’s Office may only advise or approve contracts or legal documents
on behalf of its clients. It may not advise or approve a contract or legal document on behalf of
other parties. Our review of this document was conducted solely from the legal perspective of our
client. Our approval of this document was offered solely for the benefit of our client. Other parties
should not rely on this approval, and should seek review and approval by their own respective
attorney(s).
Attachment "A"
Pg 1 of 1
Date: February 9, 2022
For: City of Coppell
Subject: Project Specific Agreement for Various Streets
Total Cost Estimate:$250,000.00
Service Qty Units Cost/Unit Amount
Asphalt Overlay (2")8,400 Square Yards $15.50 $130,200.00
Street Milling (2")8,100 Square Yards $3.75 $30,375.00
Full Depth Base Repair (8")245 Square Yards $26.00 $6,370.00
Drainage Channel Desilting 3,000 Cubic Yards $17.00 $51,000.00
$217,945.00
$32,055.00
Total $250,000.00
Other Services (The actual billed amount for pothole repair, crack sealing,
clearing of drainage obstructions and various other services will be based on
the actual labor, equipment and material required to perform the work
requested).
The actual billed amount for Asphalt Overlay, Base Repair, Street Milling will
be based on the actual labor, equipment and material required to perform
work requested. Listed above is the estimated quatities and estimated costs
for these services.
Construction Estimate
Scope of Work: City of Coppell will request Dallas County RB4 to perform maintenance and
repairs consisting of asphalt overlays, street milling, full depth base repairs, pothole repair,
crack sealing, clearing of drainage obstructions, and various other services. These services to
be performed are situated wholly within the territorial limits of City of Coppell, Texas, in
Dallas County, Texas, as more fully described in "Attachment B."
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6140
File ID: Type: Status: 2022-6140 Agenda Item Consent Agenda
1Version: Reference: In Control: City Council
02/14/2022File Created:
Final Action: PSA Belt Line at LBJFile Name:
Title: Consider approval of a Project Specific Agreement to the Master Agreement
Governing Major Capital Transportation Improvement Program (MCIP), for
County MCIP Project 20701; by and between the City of Coppell, Texas and
the County of Dallas, Texas; for the purpose of constructing transportation
improvements on IH 635 at Belt Line Road; with no current fiscal year (FY)
impact; potential FY 24-25 impact; and authorizing the Mayor to sign any
necessary documents.
Notes:
Sponsors: Enactment Date:
PSA Dallas County - BeltLine-635 Memo.pdf, Project
Sketch.pdf, MCIP Master Agreement between DC &
City of Coppell.pdf, IH 635 Belt Line Road MCIP PSA
Coppell.pdf
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
Related Files:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
Text of Legislative File 2022-6140
Title
Consider approval of a Project Specific Agreement to the Master Agreement Governing Major
Capital Transportation Improvement Program (MCIP), for County MCIP Project 20701; by and
between the City of Coppell, Texas and the County of Dallas, Texas; for the purpose of
constructing transportation improvements on IH 635 at Belt Line Road; with no current fiscal
year (FY) impact; potential FY 24-25 impact; and authorizing the Mayor to sign any necessary
documents.
Summary
Page 1City of Coppell, Texas Printed on 3/4/2022
Master Continued (2022-6140)
Fiscal Impact:
There is no current fiscal year impact. As the project schedule is refined staff will propose
funding through the annual budget process, with the likely source being roadway impact fees.
Staff Recommendation:
The Public Works Department recommends approval.
Strategic Pillar Icon:
Sustainable Government
Page 2City of Coppell, Texas Printed on 3/4/2022
1
MEMORANDUM
To:
From:
Date:
Mayor and City Council
Kent Collins P.E., Director of Public Works
March 8, 2022
Reference: Dallas County Project Specific Agreement (Various locations)
2040: Foundation Pillar: Sustainable City Government
Goal 4: City Services to Ensure High Levels of Customer Satisfaction
General Information:
•Project Specific Agreement (PSA) with Dallas County.
•The PSA covers the terms and conditions related to a partnership to improve the
interchange at IH 635 and Belt Line.
•Total project cost of $7.23 million.
•No current year fiscal impact, but future contribution anticipated at $244,500.00.
•City of Irving will be lead agency, with partners being TxDOT, NCTCOG, Dallas
County and Coppell.
•Construction not anticipated to begin until Fiscal Year 2024-25.
•Interlocal Agreement with Irving will be presented for consideration during a future
meeting.
Introduction:
This agenda item is being presented to consider approval to enter into a Project Specific Agreement
with Dallas County for constructing transportation improvements at IH 635 and Belt Line Road; with
a projected future year fiscal impact of $244,500.00; and authorize the Mayor to sign.
Analysis:
The PSA identifies the terms and conditions for Coppell’s participation in a partnership to improve
the interchange at Belt Line and LBJ. This project has been in planning and discussion for several
years. The partnership includes Irving (lead agency), Dallas County, NCTCOG, TxDOT and Coppell.
The current cost estimate for the project is $7.23 million and includes design and construction of a
new bridge for westbound to eastbound U-Turn along with added turn lanes for southbound and
2
eastbound approaches, bridge deck improvements, and other lane configuration changes. The PSA
describes Coppell’s cost share as $244,500.00. These funds are not currently budgeted and will not
be needed for at least another two years or when construction begins. It is anticipated that
roadway impact fees would be used for this cost share. A separate Interlocal Agreement with the City
of Irving will be brought forward in the future to establish the responsibilities of Irving and Coppell
related to this project. Staff will present updates on this project as progress on design commences and
the project schedule is refined.
Legal Review:
The Project Specific Agreement was reviewed by the city attorney.
Fiscal Impact:
There is no current fiscal year impact. As the project schedule is refined staff will propose funding
through the annual budget process, with the likely source being roadway impact fees.
Recommendation:
The Public Works Department recommends approval of this item.
MCIP MASTER AGREEMENT– 2021 1
MASTER AGREEMENT GOVERNING
MAJOR CAPITAL IMPROVEMENT PROGRAM
THIS MASTER AGREEMENT is made by and between the City/Town of Coppell, Texas,
hereinafter ("City") or (“Town”), and Dallas County, hereinafter ("County"), acting by and through its
duly authorized officials, which desire to enter into an Interlocal Agreement, hereinafter (“Master
Agreement”) for the purpose of transportation improvements on roads inside Dallas County that are in
the Dallas County Mobility Plan, hereinafter (“Mobility Plan”).
WITNESSETH
WHEREAS, pursuant to Court Order __2020-1354____________, dated _December 15, 2020_,
County Commissioners Court approved participation in Transportation Major Capital Improvement
Program (“MCIP”) within the cities and towns inside Dallas County; and
WHEREAS, the approved MCIP project lists and MCIP funding commitment amounts may be
modified, updated or approved by the Commissioners Court on a periodic, as-needed basis; and
WHEREAS, Chapter 791 of the Texas Government Code, as amended, provides authorization for
local governments to enter into interlocal agreements; and
NOW THEREFORE, THIS AGREEMENT is hereby made and entered into by City/Town and
County for the mutual consideration stated herein:
ARTICLE I. DEFINITIONS
The following definitions are incorporated into this agreement for all purposes.
A. AMENDMENT shall mean a written document executed by all parties detailing changes,
additions or deletions to the Master Agreement.
B. AMENITY shall mean Project features not included in the Standard Basic Project Design
including but not limited to street pavers, colored concrete, planters, irrigation, decorative
lighting, special signage, or any other feature above and beyond the Standard Basic Project
Design or any increase in capacity in excess of County determined requirements based on
anticipated future traffic flow.
C. CITY/TOWN shall mean the City/Town of Coppell, Dallas County, Texas.
D. CONTEXT SENSITIVE SOLUTIONS (“CSS”) is a collaborative, interdisciplinary
approach that involves all stakeholders to develop a transportation facility that fits its physical
setting and preserves scenic, aesthetic, historic and environmental resources, while maintaining
safety and mobility. CSS is an approach that considers the total context within which a
transportation improvement project will exist. CSS principles include the employment of early,
continuous and meaningful involvement of the public and all stakeholders throughout the
project development process. It is the intent of the Dallas County Public Works Department to
use the essential elements of CSS in all approaches to deliver the project. Some projects will
MCIP MASTER AGREEMENT– 2021 2
dictate a very intense use of CSS, while others will only use a few of the elements, but the
County will always consider CSS.
E. COUNTY shall mean County of Dallas, State of Texas.
F. DIRECT PROJECT and PROGRAM COSTS shall mean those costs that can be identified
specifically with a particular project or program cost objective. These costs generally include
compensation of employees for the time devoted and identified specifically to the performance
of the project or program, cost of materials acquired, consumed or expended specifically for the
purpose of the project or program; equipment changes; damage claims and other approved
capital expenditures; change orders; travel expenses incurred specifically to carry out the
project including, but not limited to, design, right-of-way, road or street drainage, utility
relocation and adjustment, and construction. Direct Cost does not include the City/Town or
the County’s general overhead.
G. EFFECTIVE DATE shall mean the date of the signature of the last person necessary for this
Master Agreement to become effective.
H. FIVE PHASE PROJECT DELIVERY SYSTEM shall mean the process for delivering a
project from conception to completion as detailed in Attachment A, Project Management
Practices Manual (“Practices Manual” or “Attachment A”), which is attached hereto and
incorporated herein by reference, as well as any amendments, updates, additions, or
supplements thereto, which are also incorporated herein by reference. This Master Agreement
references the most current edition of the Practices Manual. Amendments, updates, additions,
or supplements may be issued by the Dallas County Public Works Department to the Practices
Manual, which may be provided to the city/town on an as-needed basis during the term of this
Master Agreement. The five phases of the project delivery system are planning, design, right-
of-way, utility clearance, and construction.
I. FUNDING AGREEMENT (“FA”) shall mean the agreement between the County and a
City/Town to establish a preliminary proposed budget for a project, including the required
funding match from the City/Town in an amount equal to or greater than County MCIP funding
commitment. As design is completed and the engineering estimate is refined, the Funding
Agreement (“FA”) shall be incorporated into the Project Specific Agreement (“PSA”). A FA
and/or PSA is necessary before beginning engineering design.
J. INDIRECT COSTS shall mean those costs that benefit more than one project and cannot be
readily identified with a particular final project or program cost objective. Their precise
benefits to a specific project are often difficult or impossible to trace.
K. IN-HOUSE PROJECT DELIVERY COSTS (“IHPD”) shall mean all costs associated with
the development of the Major Capital Improvement Program (MCIP) “Call for Projects”,
selection of projects, scoping of projects, project design, property acquisition and construction
of projects. Cost Accounting shall include but is not limited to employee time reimbursement,
materials, equipment, and other expenditures necessary for the management and continuation
of the MCIP.
L. INTERLOCAL AGREEMENTS shall mean contracts or agreements entered into between
City/Town and County in accordance with the Texas Government Code, Chapter 791,
including any amendments thereto.
M. LEAD AGENCY shall mean that entity responsible for project management, including, but not
limited to planning, design, right-of-way acquisition, approved utility relocation or adjustment
and construction unless otherwise designated.
MCIP MASTER AGREEMENT– 2021 3
N. MASTER AGREEMENT (“MA”) shall mean this document including all incorporated
documents, attachments, and exhibits.
O. MEMORANDUM OF AGREEMENT (“MOA”) shall mean a written document that
includes, but is not limited to a MOA, MOU, FA, and/or PSA, which incorporates the results of
the Preliminary Design Charrette.
P. MEMORANDUM OF UNDERSTANDING “MOU”) shall mean a written document that
includes, but is not limited to a MOA, MOU, FA, and/or PSA, which incorporates the results of
the Preliminary Design Charrette.
Q. MULTI-MODAL CONNECTIVITY IMPROVEMENTS shall mean projects which comply
with the concepts in the Moving Ahead for Progress in the 21st Century Act (“MAP-21”), any
supplements and/or amendments thereto, or any future federal transportation acts which
increase safety, accessibility, flexibility, efficiency, and enhance the integration and
connectivity of the transportation system, across and between modes throughout the County for
motorized and non-motorized users.
R. ORPHAN ROADS shall mean all or part of a street or road right-of-way, which are outside
the incorporated limits of a municipality (or municipalities) and the incorporated area of the
municipality (or municipalities) abuts or extends into the right-of-way. These roadway
segments have, in effect, been “orphaned” by the abutting City/Town (or cities) that they serve
in that they have been left unincorporated. Thus, the County has primary responsibility for
maintenance, operation, enforcement, police and/or emergency services within these
unincorporated rights of way.
S. PARCEL OR PARCELS shall mean those portions or part of land and improvements located
either wholly or partially thereon, identified by County, City/Town or other stakeholder as
required for right-of-way requirements of the Project. Such right-of-way shall include the
existing street, road, drainage or other City/Town or County real property ownership and all
additional real property to be utilized for the Project.
T. PRELIMINARY CONCEPT CHARRETTE (“PCC”) shall have the same meanings and
purposes as the Preliminary Design Charrette, but be conducted very early in the design start,
before substantial design is underway. The conditions for which a PCC is appropriate will be
determined by the lead agency. Use of CSS will usually mean that a PCC will be conducted,
since its use fits perfectly into CSS concepts. Other conditions encountered may dictate the use
of a PCC, such as poor soils, presence of unconsolidated solid waste dumps, innovative
integration of master planning with project delivery, unusual right-of-way (“ROW”)
challenges, budgetary constraints (thus calling for significant Value Engineering efforts), etc.
The results of properly using a PCC will be that early consensus will be achieved on a basic
approach to the project design and construction, thus avoiding wasted design funding and loss
of momentum for project delivery.
U. PRELIMINARY DESIGN CHARRETTE (“PDC”) shall mean meetings of representatives
of independent engineers and stakeholders of the contracting parties of the project for the
purpose of discussing feasible design alternatives, forging consensus for the selected
alternative, and includes entering into a MOA, MOU, FA, and/or a PSA for the overall
estimate, alignment, and scope of the project. The PDC will be scheduled when the
preliminary design is complete or near completion. This means horizontal and vertical
alignment alternatives have been designed, ROW requirements are at least approximately
known for each alternative, and the design is 40% to 60% complete. The result of a PDC that
is conducted with all the stakeholders present is that it may help assure the project is able to
MCIP MASTER AGREEMENT– 2021 4
overcome any challenges with design completion, ROW acquisition, utility design and
relocation, and finally, road construction.
V. PROJECT MANAGER shall mean the person appointed by the Lead Agency who is assigned
the primary duty for assuring Project Participant coordination and timely project delivery.
There will be only one Project Manager assigned to a Project.
W. PROJECT PARTICIPANTS/TEAM shall mean independent representatives from the
County, City/Town, and other stakeholders of the contracting parties as may be mutually
agreed upon by the County, City/Town, and stakeholders or otherwise with responsibility for
delivering the completed Project.
X. PROJECT(S) shall mean the proposed thoroughfare and multi-modal connectivity
improvements approved by the Commissioners Court for inclusion in the Transportation MCIP
and approved by the City/Town.
Y. PROJECT DURATION shall mean the active life of the Project. Project shall commence
with the application for a Project by the City/Town and approval by the Dallas County
Commissioners Court. The Project shall be considered complete when construction has been
fully completed and the maintenance period has expired or the Project has been terminated in
accordance with Article IV of this Master Agreement.
Z. PROJECT SPECIFIC AGREEMENT (“PSA”) shall mean a written agreement subsequent
to this Master Agreement, which is entered into to establish the contractual rights and
responsibilities of the City/Town and County as it relates to a particular Project. A PSA
supersedes a MOA, MOU or FA.
AA. RIGHT - OF WAY- (“ROW”) is a strip of land that is granted, through a ROW deed, an
easement or other mechanism, for a Project. ROW shall mean that real property or property
interest identified by the County or the City/Town, as necessary for the construction of the
Project which shall include the existing street, road, drainage or other City/Town or County real
property ownership and all additional real property to be utilized for the Project.
BB. SCOPING SHEETS will be attached to PSA’s involving construction. Scoping sheets may be
attached to PSA’s involving a study or design. These sheets will set forth the design criteria to
be used for the Project, including the alignment, appropriate specifications, typical section and
other parameters of the Project. As project goals and needs are more clearly defined, the
Scoping Sheets shall be updated and revised by the Project Manager to reflect current
construction goals.
CC. SMALL WATERSHED DAM shall mean floodwater retarding structures that were
constructed by the United States Department of Agriculture (“USDA”) Natural Resources
Conservation Service (“NRCS”), formerly named the Soil Conservation Service (“SCS”), in
watersheds less than 250,000 acres under the authority of the Flood Control Act of 1944 and
the Watershed Protection and Flood Prevention Act of 1954. These structures typically have
earthen embankments with principal and auxiliary spillways.
DD. STANDARD BASIC PROJECT DESIGN shall mean the standard County-approved
City/Town criteria for paving, bridges, drainage and appurtenances, traffic control items
including pavement marking, warranted uniform signals, street light foundations, pull boxes,
conduit, sidewalks, medians, storage/turn lanes, access, required structural retaining walls and
standard driveways excluding road or street amenities, or such design criteria as may be agreed
upon by the contracting parties and listed in a Project’s Scoping Sheets.
MCIP MASTER AGREEMENT– 2021 5
EE. TxDOT shall mean the Texas Department of Transportation.
FF. UTILITIES shall mean each City/Town utility, public utility, common carrier,
governmental or quasi-governmental facility, fiber optic facility, or other facility located
within the limits of the Project by virtue of Texas or federal law or agreement between the
entity and the City/Town, County, or State of Texas.
GG. UTILITY, CITY/TOWN, also known as CITY/TOWN UTILITY shall mean those utilities
that are owned or operated by the City/Town, which requires relocation or adjustment for the
purpose of the construction of the Project as identified by Project plans.
HH. UTILITY IN PUBLIC RIGHT-OF-WAY shall mean all Utilities located within the limits of
any governmental entity.
II. UTILITY IN PRIVATELY OWNED RIGHT-OF-WAY shall mean all Utilities, excluding
City/Town Utilities, whose facilities are located within a private easement.
JJ. UTILITY BETTERMENT shall mean any increase in the capacity of any Utility’s Facility
adjusted or relocated as a part of the Project as compared to the existing Facility, or any
upgrading of the Utility’s Facility above the standard practices, devices or materials, specified
by the Utility and customarily used by the City/Town or Utility on Projects solely financed by
the City/Town or Utility. Provided, however, that any adjustments necessary to successfully
accomplish the Project shall not be considered a Betterment, and further, that any increase in
the capacity of the Utility Facility resulting solely from the replacement of devices or materials
no longer regularly manufactured, processed or installed shall not be considered a Betterment,
provided that such replacement shall be only to the standard devices or materials currently used
on other projects financed solely by the City/Town or Utility. This meaning shall apply to
utilities that are part of the Project as well as the standard basic street components (See
“STANDARD BASIC PROJECT DESIGN”).
ARTICLE II. PERIOD OF THE AGREEMENT
This Master Agreement becomes effective when signed by the last party whose signing makes
the respective agreement fully executed (The “Effective Date”). This Master Agreement shall expire
ten (10) years from the Effective Date unless terminated in accordance with Article IV of this Maser
Agreement.
ARTICLE III . AMENDMENTS
This Master Agreement may be amended with the mutual consent of the City/Town and
County. Any amendment must be in writing and approved by the parties’ respective governing bodies
through either a Court Order from Commissioners Court or a City/Town Council Resolution.
ARTICLE IV. TERMINATION, DEFAULT, TIME OF THE
ESSENCE AND FORCE MAJEURE
A. TERMINATION
a. This Master Agreement may be terminated by any of the following conditions:
1. By expiration of the term of the agreement.
MCIP MASTER AGREEMENT– 2021 6
2. By either party, by providing written notice of termination pursuant to Article
XIX, Paragraph I. of this Master Agreement establishing the effective date of
termination to the other party as consequence of the party being in default of the
provisions of this Master Agreement and/or any original, supplemental and/or
any amended MOA, MOU, FA, and/or PSA or the failure to timely provide
funding, with proper allowances being made for circumstances beyond the
control of the defaulting party.
3. By either party for any reason with ninety (90) days written notice to the other
party pursuant to Article XIX, Paragraph I. of this Master Agreement.
b. Should either party terminate this Master Agreement as herein provided, all existing, fully
executed original and/or supplemental and/or amended MOA, MOU, FA, and/or PSA made
under this Master Agreement shall not be terminated and shall automatically incorporate all the
provisions of this Master Agreement.
c. In the event that any original and/or supplemental and/or amended MOA, MOU, FA, and/or
PSA is terminated prior to completion of the Project, no additional Costs shall be incurred other
than Costs due and payable at the time of termination for services actually performed or that
shall become due and payable due to such termination. The Lead Agency, to the extent
permitted, may terminate all Project contracts, unless written notice is given by either party to
the other of its intent to complete the Project, and prepare a final accounting for the Project.
d. If the Project is terminated by the City/Town prior to the award of any construction contract
and the Project is located within the City/Town limits, City/Town shall pay to the County the
full amount expended by the County on the Project and the County shall transfer to the
City/Town its rights and all deliverables that it may be entitled to receive under the existing
professional services or other project contracts or agreements. Such amount shall be included
in the final accounting for the Project. Such amount shall be due and payable in full ninety (90)
days subsequent to the termination, or thirty days subsequent to delivery of final accounting.
e. Once the construction contract has been awarded by the governing body of the Lead
Agency, the PSA for that Project cannot be terminated until completion of the construction.
f. In the event that a Project is terminated prior to the award of the construction contract,
either party may, upon written notice pursuant to Article XIX, Paragraph I. of this Master
Agreement, take over the Project and prosecute the work to completion by contract or
otherwise at its sole cost and expense. In the event that the party completing the work is not the
Lead Agency, it is agreed that the Project Manager will furnish to the Completing Party a
listing of current records pertaining to any outstanding obligations or other records or
information required by any project contract, including any Work Order, or requested in
writing by Completing Party in either printed or electronic format or both. The Lead Agency
agrees to cooperate with the Completing Party. The Lead Agency will use its best efforts to
transfer to the Completing Party all contracts. Obligations under such contracts shall become
the sole obligation of the Completing Party upon transfer. Completing party agrees to timely
pay all future obligations under such contract as they become due and payable. Completing
Party hereby releases the Lead Agency from any and all liability under such assigned contracts
subsequent to date of transfer, effective upon the transfer date. Lead Agency shall exercise its
best efforts to ensure a transition of services without interruption.
Either party shall have the right to retain copies of all data, information, engineering, studies, or
other items produced to the date of termination.
MCIP MASTER AGREEMENT– 2021 7
g. In the event that no FA is approved within five (5) years of Commissioners Court
approval of County MCIP funding commitment, then the County in its sole discretion, can
reallocate the County MCIP funding commitment.
h. In the event the Project is being completed in phases and more than five (5) years has
transpired after a completed phase without any activity on subsequent approved phases, then
the County in its sole discretion, can terminate the Project and reallocate the remaining County
MCIP funding.
i. In the event that the City/Town enters into a PSA with the County, if the Project has not
been completed within ten (10) years from the date of Commissioners Court approval of the
original PSA, then the County in its sole discretion, can terminate the Project and reallocate the
remaining County MCIP funding.
j. Provisions b through j of this Article IV, Section A shall survive the termination of this
Master Agreement and any MOA, MOU, FA, and/or PSA and shall be a continuing obligation
until the transition of services, all payments made and the Projects are complete. All items
listed or required in this provision shall be furnished by Lead Agency to Completing Party
without additional cost or expense to completing party.
B. FORCE MAJEURE:
Neither County nor City/Town shall be in default or responsible for delays or failures in
performance resulting from causes reasonably beyond its control and not attributable to its neglect.
Such acts include but are not limited to acts of God, fire, storm, pandemic, epidemic, flood,
earthquake, natural disaster, nuclear accident, strike, air traffic disruption, invasion, insurrection,
lockout, stoppage of labor, riot, freight embargo, public regulated utility, or governmental statutes,
orders, or regulations superimposed after the fact. Any party delayed by force majeure shall as
soon as reasonably possible give the other party written notice of the delay. If reasonably practical,
the party claiming the suspension shall give notice of such impediment or delay in performance to
the other party within ten (10) days of the knowledge of such occurrence. The party delayed shall
use reasonable diligence to correct the cause of the delay, if correctable, and if the condition that
caused the delay is corrected, the party delayed shall immediately give the other party written
notice thereof and shall resume performance under this Master Agreement as soon as practicable.
In the event of such an occurrence, the time for performance of such obligations or duty shall be
suspended until such time that such inability to perform, shall be removed. Each party shall make
all reasonable efforts to mitigate the effects of any suspension. The provisions of this Article IV,
Section B shall survive the termination of this Master Agreement.
ARTICLE V. IMMUNITY AND LIABILITY FOR ACT AND OMISSIONS
County and City/Town agree that no provision of this Master Agreement is in any way intended
to constitute a waiver of any immunities from suit or liability, or a waiver of any tort limitation,
that the parties have by operation of law, or otherwise. County and City/Town agree that both
County and City/Town shall each be responsible for their own negligent acts or omissions or
other tortious conduct in the course of performance of this Master Agreement without waiving
any sovereign or governmental immunity available to either County or City/Town or their
respective officials, officers, employees, or agents under Texas or other law and without waiving
any available defenses under Texas or other law. In the event of joint and concurrent negligence
of the parties to this Master Agreement, responsibility, if any, shall be apportioned
MCIP MASTER AGREEMENT– 2021 8
comparatively in accordance with the laws of the State of Texas, without waiving any defenses,
including sovereign or governmental immunity, or other defenses available to the parties under
federal or Texas law. Nothing in this paragraph shall be construed to create or grant any rights,
contractual or otherwise, in or to any third persons or entities. The provisions of this Article V
shall survive the termination, expiration, or cancellation of this Master Agreement, or any
determination that this Master Agreement or any portion hereof is void, voidable, invalid, or
unenforceable.
ARTICLE VI. LEAD AGENCY
A. Lead Agency shall be that entity which is responsible for the Project from conception through to
completion of construction. City/Town and County may choose for the County to manage the
Project through design and construction and for the City/Town to acquire ROW.
B. In the event that the City/Town is the Lead Agency the City/Town shall:
a. Provide project management and leadership from Project selection to construction
completion following the 5 Phase Project Delivery System as detailed in Attachment A to this
Master Agreement, which is attached hereto and incorporated herein by reference, as well as
any amendments, updates, additions, or supplements thereto, which are also incorporated
herein by reference. Amendments, updates, additions, or supplements may be issued by the
Dallas County Public Works Department to the Practices Manual, which may be provided to
the city/town on an as-needed basis during the term of this Master Agreement;
b. Lead Agency shall be responsible for hosting the Preliminary Concept Charrettes and or
Preliminary Design Charrettes and Neighborhood Public Workshops;
c. Acquire ROW necessary for the Project;
d. Enter into or obtain whatever agreements or permits necessary for Project completion;
e. Provide County with the opportunity for significant input in plan development and periodic
progress reviews; and
f. Provide records for periodic auditing for either financial accounting or engineering
accounting or both.
C. For City/Town-led projects in which the City/Town is considering to specify transportation
infrastructure elements exceeding the Standard Basic Project Design criteria, County funding will
only be eligible to the Standard Basic Project Design criteria unless the City/Town and County
have arrived at a mutual agreement through involvement of the County during the initial design
phases, including the Design Kick-off Meeting and as necessary, the Preliminary Concept
Charrette and Preliminary Design Charrette meetings.
ARTICLE VII. CITY/TOWN AGREES AS FOLLOWS:
A. To execute, within five (5) years of Commissioners Court approval of funding commitment, the
necessary agreements with the County for the implementation of design and construction of the
Projects mutually agreed upon and incorporated herein by reference with a PSA. Without at least a
FA within five (5) years of Commissioners Court approval of the funding commitment, the County
in its sole discretion can reallocate the funding commitment.
MCIP MASTER AGREEMENT– 2021 9
B. City/Town agrees not to allow more than five (5) years to transpire after a completed phase without
any activity on subsequent approved phases, in the event that the Project is being completed in
phases. If more than five (5) years transpire after a completed phase without any activity on
subsequent approved phases, the County in its sole discretion, can reallocate the remaining County
MCIP funding.
C. City/Town agrees to complete a Project within ten (10) years from the date of Commissioners
Court approval of the PSA. If more than ten (10) years transpire, the County in its sole discretion
can reallocate the remaining County MCIP funding.
D. To provide City/Town Council Resolution adopting approved preferred alignment, proposed
estimated budget, and commitment to meet MCIP Project funding for each milestone as specified
herein in the Master Agreement or in the FA and/or PSA.
E. To provide a plan to address outstanding issues identified by the County before entering into
necessary agreements for the Project to proceed.
F. City/Town agrees to share the funding of each Project with County on an equal share basis of
50%/50% or an otherwise agreed cost sharing arrangement as specified in a FA and/or PSA with
the following exclusions:
a. City/Town shall bear the entire cost of:
1. City/Town owned utilities relocation or adjustment such as water and sanitary sewer
facilities, except utility adjustments directly attributable to storm sewer improvement
conflicts;
2. Amenities including but not limited to street pavers, colored concrete, planters,
decorative lighting, special signage, or any other feature over the Standard Basic Project
Design;
3. Utility Betterments;
4. Direct costs of City/Town which is fulfilling the role of Lead Agency, shall be
totally funded by City/Town unless supported by a detailed hourly accounting system
equal to County’s accounting system; and
5. City/Town Indirect Costs.
G. After the City/Town and County enter into a MOA, MOU, FA and/or PSA, regarding the Project’s
concepts, design elements and limits by the County and City/Town at the PDC, the City/Town
agrees to acquire ROW required for designated projects by voluntary dedication and/or the
subdivision platting process. City/Town agrees to participate in funding the acquisition of ROW
remaining to be secured after first attempting to secure with other legal means. City/Town also
agrees to fund the removal of improvements that are encroachments within existing or proposed
ROW areas.
H. In the event of any proposed use of the Project ROW that will conflict with the proposed Project
and City/Town is unable to obtain such ROW, City/Town shall notify County of such conflict.
County and City/Town shall determine if the acquisition of the conflicting parcel would be in the
best interest of the Project. In the event that agreement is reached and the parcel is acquired such
cost shall be included in the pro rated cost of the project in the agreed upon proportions.
I. City/Town hereby grants the County authority to enter into eminent domain proceedings within the
City/Town limits on each specific ROW alignment and/or project as approved by the City/Town
and County.
MCIP MASTER AGREEMENT– 2021 10
J. To require all Utilities located within or using the present public ROW on all designated
transportation projects within City’s/Town’s municipal limits to adjust and/or relocate said Utilities
as required by the proposed improvement of the designated transportation project. City/Town
Utilities shall be relocated or adjusted at no cost to County except as may be specifically set forth
in this Master Agreement or subsequent written agreement.
K. City/Town agrees to use its best efforts to be cooperative on issues relating to billboards,
advertising signs, non-conforming uses, zoning and similar restrictions and to exercise its best
efforts to provide variances when possible to minimize costs and minimize delays of the Project.
Additional Project costs caused or contributed to by the City/Town ordinance, zoning, non-
conforming use determination or other requirement shall be paid in full by the City/Town.
L. City/Town shall require the adjustment and/or relocation of Utilities to be accomplished and
finalized, as expeditiously as possible after approval of final plans to prevent Project schedule
delays. Notwithstanding anything contained herein to the contrary, all Utilities shall be adjusted or
relocated and the ROW clear for construction not later than thirty (30) days prior to the award of
the construction contract. City/Town will notify the County and other stakeholders when utility
conflicts would impact progress of the Project’s completion. County and City/Town agree to work
with all stakeholders to solve the problem; which includes engaging elected officials in the
problem’s resolution to prevent delays in the commencement or prosecution of construction on the
Project.
M. Where planned roadway improvements (including, but not limited to storm drainage,) are in
conflict with City/Town owned water and sanitary sewer systems, that could otherwise remain in
place, the actual costs of the necessary adjustment of City/Town water and sewer utilities shall be
pro rated at the overall percentage agreed to by City/Town and County for cost sharing. City/Town
shall be responsible for funding one hundred percent (100%) of any Betterment; as well as 100% of
any relocation that is caused by City/Town installation during the Project Duration. Except as
provided herein, all costs for adjustment and/or relocation of utilities in the public ROW shall be
the responsibility of the Utility Owner or of the City/Town Utility. Any Project delay or other
damages caused by City/Town or the Utility’s failure to timely relocate or adjust the facility shall
be at the entire cost of City/Town.
N. To provide for continuing surveillance and control of ROW to prevent the construction, placement,
storage or encroachment of any signs, personal property or other appurtenances in the existing or
proposed ROW. In the event that the aforementioned features are allowed by City/Town to
encroach on necessary ROW during the duration of the project, City/Town shall bear the entire cost
of removal or relocation of said encroachment.
O. To provide to County for County’s or County’s designee’s use, at no cost, adequate copies of all
construction standards, codes, (specifically including zoning and development codes), plats,
specifications, guidelines, standards or any other pertinent information as determined by County to
be required for the completion of the Project. Additionally, City/Town shall furnish County, at no
cost, such documents as necessary to keep all items previously furnished to County current.
P. To actively participate and provide authorized representation with decision-making power at the
PCC and/or the PDC, preconstruction meeting, and project meetings, which are necessary to
Project development and completion.
Q. City/Town agrees to provide timely review of interim submittals. “Timely review” will be agreed
upon during the PCC and/or PDC as a part of the Project schedule. City/Town further agree that if
no review notes are submitted by the City/Town in writing to the County in a timely basis, plans
are approved as submitted.
MCIP MASTER AGREEMENT– 2021 11
R. When City/Town is Lead Agency, City/Town agrees to allow forty-five (45) days for County
review of submittals and that any of the County’s comments shall be incorporated into the final
document.
S. City/Town agrees that it will pay all additional Project cost for any City/Town requested
discretionary change, including, but not limited to Amenities and Utility Betterments, in or in
addition to the design or construction of the Project subsequent to the City/Town’s opportunity to
review the sixty five percent (65%) design plans.
T. Provide at City’s/Town’s cost for the continuing maintenance of all the Project ROW, such as
mowing, drainage, trash removal, etc., during the period between acquisition and construction.
U. During the construction of the Project and after completion of the Project, City/Town will be
responsible for the control, operation, police enforcement and/or emergency services, without cost
or contribution from the County.
V. After the completion of a Project and the maintenance period, the City/Town will be responsible
for all future maintenance without cost or contribution from the County.
W. City/Town shall bear the entire cost of design, construction and administration for landscaping,
streetscaping, streetlighting, as such items are not included in the Standard Basic Project Design
and other amenities specified or requested by the City/Town in excess of the Standard Basic
Project Design.
X. It is the intent of this Master Agreement that the County will be the Lead Agency. In the event that
the City/Town and County agree in writing that the City/Town will manage and administer one or
more projects, the City/Town and the County will enter into a FA and/or PSA as to that project(s).
In such instance, the City/Town agrees to assume all Lead Agency responsibilities except as may
be determined by mutual agreement and set forth in the FA and/or PSA.
ARTICLE VIII. UTILITY IMPACTS.
A. In cases where a Utility is located in a Privately Owned ROW, and it is necessary to relocate the
facility or make adjustments by reason of the widening or improvement of the designated Project,
the County (or City/Town if acting as the Lead Agency) will, after submission by the utility
company of ROW documentation and cost estimates acceptable to the City/Town, County and
other stakeholders, assign the actual costs for the relocation and/or adjustment of said utility to the
Project.
B. In cases where a Utility in Public ROW, excluding City/Town Utilities, occupies any portion of the
Project ROW by Texas or federal law or by agreement with the City/Town that allows or permits
the City/Town to cause the relocation of the utility for the construction of the Project, the
City/Town shall timely require and enforce the relocation or adjustment requirement at no cost to
the Project. In the event that the City/Town has no legal or contractual right to cause the
relocation, the relocation or adjustment shall be relocated or adjusted and all cost shall be a Project
Cost. City/Town shall take all steps necessary to ensure that such relocation or adjustment shall
not conflict with or delay the Project schedule.
ARTICLE IX. COUNTY AGREES AS FOLLOWS:
A. To provide, as a Project Cost, preliminary engineering which will define project details, e.g.,
location, scope of work and specific right-of-way alignment for each improvement. Such
MCIP MASTER AGREEMENT– 2021 12
preliminary engineering shall be submitted to the City/Town for approval, prior to proceeding with
the final design and any right-of-way acquisition.
B. To provide, as a Project Cost, for the construction of transportation improvements based upon
design criteria conforming to Standard Basic Project Design in conformity with applicable City
ordinances and standards, to the extent of Commissioners Court approved program funding. Scope
of work shall include the agreed upon design standards as the basis for improvement criteria.
Deviations from mutually agreed upon application of City/Town standards and/or design criteria
shall require prior approval of the City/Town. Where City/Town standards do not exist, TxDOT
standards as of the Effective Date of this Master Agreement shall be utilized unless otherwise
mutually agreed to by the parties in the FA and/or PSA.
C. To actively participate and provide authorized representation at the PCC and/or the PDC,
preconstruction meetings, and Project meetings, which are necessary to project development
through project completion.
D. To provide project management of each Project where the County is Lead Agency from
commencement to completion of construction. City and County may agree to redefine project
management roles as beneficial to the Project as defined in the MOA, MOU, FA, and/or PSA,
and/or supplemental and/or amended agreements.
E. Upon receipt of written request detailing the information requested, to provide information related
to the Project to the City/Town or the City /Town’s designee at no cost to the City/Town.
F. County agrees to provide review of interim submittals within forty-five (45) days of receipt, and
hereby agrees that if no review notes are submitted by the County (if City/Town is filling the role
as Project Manager) in writing to the City/Town within that time period, plans are to be approved
as submitted.
G. To submit final engineering plans for review and written approval by the City/Town forty-five (45)
days prior to submitting documents to the County Purchasing Department for advertising the
project for construction.
H. To provide for the acquisition, including acquisition by Eminent Domain, of the necessary
additional ROW, on designated projects, in accordance with minimum standard requirements and
utilizing existing public ROW to the maximum extent possible as a Project cost.
I. To require all contractors to secure all necessary permits required by the City/Town on said
construction projects.
J. To furnish record drawings of construction plans for the permanent records of the City/Town
within twelve (12) months upon completion and acceptance of the transportation improvement
Project.
K. To transfer the real property or property interest acquired by the County and used for the Project to
the City/Town.
L. In the event the County and the City/Town agree in writing that the City/Town will be the Lead
Agency for the agreed upon Project, the County will reimburse the City/Town for agreed costs as
detailed in Article XII. (Funding) in this Master Agreement in an amount not to exceed the Project
cost as approved by Dallas County Commissioners Court and incorporated in the FA and/or PSA.
All County payments shall be in accordance with Texas law and County policies and procedures as
may be mutually agreed to by the parties and incorporated by reference in a FA and/or PSA.
MCIP MASTER AGREEMENT– 2021 13
ARTICLE X. PRELIMINARY DESIGN CHARRETTE (PDC), PRELIMINARY
CONCEPT CHARRETTE (PCC)
A. City/Town and County, as specified in Articles VII, IX, and X of this Master Agreement,
respectively, will designate officials or representatives to participate in a PCC and/or PDC to be
conducted on a mutually agreed to date and location. At least part of this meeting will be
conducted on the Project site.
B. Results from the PCC will identify the general project scope, the basic approach and concepts to be
taken with the project, the elements of CSS that will be included, and some ideas for alignments
alternatives. The Lead agency will already have been determined, as well as the project
administration and management roles, which include the Project Manager. Key project
participants shall be introduced to stakeholders at the PCC and or PDC. Results from the PDC will
identify the preferred alignment of the project, and provide all stakeholders a commitment for
project delivery schedules and project budgets.
ARTICLE XI. FISCAL FUNDING
Notwithstanding anything to the contrary herein, this Master Agreement is expressly contingent upon
the availability of County funding for each item and obligation contained herein. City/Town shall have
no right of action against the County as regards this Master Agreement, specifically including any
funding by County of the Project in the event that the County is unable to fulfill its obligations under
this Master Agreement as a result of the lack of sufficient funding for any item or obligation from any
source utilized to fund this Master Agreement or failure of any funding party to budget or authorize
funding for this Master Agreement during the current or future fiscal years. In the event of insufficient
funding, or if funds become unavailable in whole or part, the County, at its sole discretion, may
provide funds from a separate source or terminate this Master Agreement. In the event that payments
or expenditures are made, they shall be made from current funds as required by Chapter 791, Texas
Government Code.
Notwithstanding anything to the contrary herein, this Master Agreement is expressly contingent upon
the availability of City/Town funding for each item and obligation contained herein. County shall have
no right of action against the City/Town as regards this Master Agreement, specifically including any
funding by City/Town of the Project in the event that the City/Town is unable to fulfill its obligations
under this Master Agreement as a result of the lack of sufficient funding for any item or obligation
from any source utilized to fund this Master Agreement or failure of any funding party to budget or
authorize funding for this Master Agreement during the current or future fiscal years. In the event of
insufficient funding, or if funds become unavailable in whole or part, the City/Town, at its sole
discretion, may provide funds from a separate source or terminate this Master Agreement. In the event
that payments or expenditures are made, they shall be made from current funds as required by Chapter
791, Texas Government Code.
ARTICLE XII. FUNDING
A. City/Town and County mutually agree to proportionately fund the Direct Project and Program
costs as agreed by the parties in a FA and/or PSA. Unless otherwise specified in the FA and/or
PSA, the County shall bear fifty percent (50%) of the total Direct Project and Program costs
excluding the Amenities, relocation or adjustment of City/Town Utilities, Utility Betterment,
Indirect Cost, Direct Cost not supported by detailed hourly accounting system and other items as
specified in this Master Agreement, FA, and/or PSA. County shall not be responsible for any
MCIP MASTER AGREEMENT– 2021 14
amount of funding in excess of the Project not-to-exceed amount as shown in the FA and/or PSA.
Unless otherwise specified in the FA and/or PSA, the City/Town shall bear fifty percent (50%) of
all Direct Project and Program costs. In addition, the City/Town agrees to fund all other
City/Town cost as provided herein, including, but not limited to, Amenities, relocation or
adjustment of City/Town Utilities, Utility Betterment, Indirect Cost, Direct Cost not supported by
detailed hourly accounting system, and other items as specified in this Master Agreement, FA,
and/or PSA.
B. Unless otherwise stated in a FA and/or PSA, the milestones for each project shall be (1)
preliminary and primary design (2) ROW acquisition and utility relocation or adjustment and (3)
construction. The Lead Agency shall prepare an estimated cost for each milestone. Upon approval
of the cost by the other party, each party shall fund its share of the respective milestones by placing
that amount of money in an escrow account or otherwise encumber the funds to ensure that the
Lead Agency will have sufficient funding available from current revenue for the timely payment of
Project milestone costs. The Lead Agency may bill the other party for periodic payments for the
actual amount of work completed toward the completion of the milestone. Upon completion of the
milestone, the non-management party will be furnished a notice that such work has been completed
and the amount of funding that may be utilized to pay subsequent milestone Project cost.
Notwithstanding any other term or condition contained herein in this Master Agreement or in any
FA and/or PSA, neither party will be required to award any contract until written certification has
been received that funding has been placed in escrow or encumbered for the payment of the non-
awarding party’s portion of the Project cost.
C. In the event that the cost of the Project shall exceed the not-to-exceed amount, City/Town and
County agree to either reduce the scope of construction or seek additional funding to complete the
Project at the agreed upon cost share percentages. At the termination of the Project, the Lead
Agency will do a final cost accounting of the Project. In the event that the amount paid by either
party exceeds its portion of the actual cost, the difference will be remitted to such party. In the
event that additional funds are due, the Lead Agency will bill the other party who agrees to pay
such funds within thirty (30) days of receipt of such billing.
D. If the City/Town elects to manage the Project, the County will reimburse the City/Town based on
invoices for actual costs expended as supported by documentation approved by the County
Auditor. Any and all supporting documentation required by the County Auditor shall be included
with the invoice from the City/Town.
E. After approval by the County’s Commissioners Court and the City/Town’s City/Town Council,
and after the execution of an FA and/or PSA, the City/Town shall escrow an amount adequate for
estimated Project costs, which the County may use to pay for professional services, which include,
but are not limited to scoping, preliminary design, and primary design.
F. City/Town and County shall enter into a FA to establish funding commitments for both parties as
required for each project within at least five (5) years of project selection unless the County and
City decide to enter directly into a PSA. If the City/Town agree the Project is to be completed in
phases, no more than five (5) years may transpire after a completed phase without any activity on
subsequent approved phases.
G. If the City/Town and County agree to enter into a PSA without first entering into a FA, the
City/Town shall enter into a PSA with the County and complete the Project within ten (10) years or
less.
H. Suggested timeframes for FA’s, PSA’s, and/or any supplements and/or amendments thereto are:
MCIP MASTER AGREEMENT– 2021 15
a. As soon as the project is accepted by Commissioners Court and as a result of the Kick-off
meeting, a FA to establish the Lead Agency for preliminary engineering and general funding
responsibilities and procedures for reimbursement by the Participating Agency; or
b. For a PSA, when the preliminary engineering plans are at sixty percent (60%) complete,
providing specific details on project scope to enter into a PSA; or
c. After construction bids are opened, amend the PSA as needed.
ARTICLE XIII. NO THIRD PARTY BENEFICIARY ENFORCEMENT
It is expressly understood and agreed that enforcement of the terms and conditions of this Master
Agreement and all rights of action relating to such enforcement shall be strictly reserved to the
City/Town and the County. Nothing contained in this Master Agreement shall give or allow any claim
or right of action whatsoever to any other person or entity. The terms and provisions of this Master
Agreement are for the benefit of the parties hereto and not for the benefit of any third party. It is the
express intention of the City/Town and the County that any entity or person other than the City/Town
or the County receiving services or benefits under this Master Agreement shall be deemed an
incidental beneficiary only. This Master Agreement is intended only to set forth the contractual right
and responsibilities of the parties hereto.
ARTICLE XIV. RIGHT OF ENTRY
The City/Town agrees that the County shall have the right to enter upon the Project area for the time
period necessary for the completion of the Project. The City/Town agrees to furnish such police or
other City/Town personnel as requested by the County for traffic control or other public safety matters
at no cost to the Project or the County.
ARTICLE XV. LIST OF PROJECTS
City/Town agrees that it has been furnished with a list of the potential Projects as approved by the
Dallas County Commissioners Court, subject to the agreement between the parties in a MOA, MOU,
FA and/or PSA. City/Town stipulates and agrees that the Commissioners Court Order approving the
projects identifies the potential project location and describes the type of project in sufficient detail that
the City/Town is fully aware of the location and type of projects being considered.
ARTICLE XVI. REALLOCATION OF COUNTY MCIP FUNDING
The County in its sole discretion has the ability to reallocate County MCIP funding away from the
City/Town’s Project if the City/Town has not entered into a FA confirming the City/Town funding
match within five (5) years from Commissioners Court approval of the funding commitment. The
County in its sole discretion has the ability to reallocate the remaining County MCIP funding in the
event the Project is being completed in phases and more than five (5) years has transpired after a
completed phase without any activity on subsequent approved phases. The County, in its sole
discretion, also has the ability to reallocate the remaining County MCIP funding away from the
City/Town’s Project if the City/Town has not completed the Regional Transportation milestone within
ten (10) years.
ARTICLE XVII. ORPHAN ROAD POLICY
A. The County encourages all cities adjacent to orphan roads in the county to develop, commit to
and submit a plan to the County for completing the annexation of the orphan road segments and
MCIP MASTER AGREEMENT– 2021 16
assuming full responsibility for these roadways. In instances where two cities abut the same
orphan road segment, the County encourages the two cities to jointly develop a plan for the
annexation of that segment. The County offers its assistance to the cities in developing such
plans.
B. The County, at the discretion of the Commissioners Court, may give additional selection value
to projects in cities that have submitted a specific plan for the annexation of orphan roads when
the County selects, approves, and schedules projects for funding in the County’s Major Capital
Improvement Program (“MCIP”). Such preference may also be given in approving projects for
road and bridge district participation (Type “B” work).
C. The County, at the discretion of the Commissioners Court, may also refuse to participate in
discretionary projects, such as road and bridge district projects or MCIP projects, in a City that
elects not to pursue the annexation of orphan road segments that abut its boundaries. Failure to
notify the County of the City’s intent to annex and/or failure to submit a plan for annexation in
a timely manner shall be construed by the County as the City’s election not to pursue
annexation.
D. The County, at the discretion of the Commissioners Court, may select specific orphan road
segments for improvement when a City commits to annexation of the segment upon completion
of the project. However, the specific plan for annexation of orphan roads submitted by the City
will not be limited to annexation upon completion of improvements by the County. The
County improvements may be made as road and bridge projects or as MCIP Projects (subject to
other MCIP criteria, including but not limited to regional thoroughfare plan designation and
City cost participation).
E. This policy application is prospective and projects selected by the County and approved by the
Commissioners Court prior to the date of the adoption of this policy shall not be impacted by
this policy.
F. The County shall provide written notification of the adoption of, and future revisions of, this
policy to the cities abutting orphan road segments.
G. The County Director of Public Works shall maintain a listing of orphan roads and the city or
cities they abut and shall provide updates to the Commissioners Court and to the cities as
changes occur. The listing and changes to the listing shall be based on municipal boundary and
annexation information provided to the County’s Public Works by the cities as required by
Texas Local Government Code, Section 242.001(c).
H. The provisions of this Article XVII of this Master Agreement shall survive the termination of
this Master Agreement.
(Dallas County Code, Chapter 102, Article IV, Sec. 102-131 - 102-133, 6-27-2006, 8-10-2020).
ARTICLE XVIII. SMALL WATERSHED DAMS
The County encourages all cities/towns adjacent to small watershed dams maintained by the County
to develop, commit to and submit a plan to the County for assuming full responsibility for the
operations and maintenance of these dams. In instances where more than one city/town abuts a small
watershed dam, the County encourages the cities/towns to develop a plan for operation and
maintenance of the dam. The County offers its assistance to the cities/towns in developing such
plans.
MCIP MASTER AGREEMENT– 2021 17
A. The County, at the discretion of the Commissioners Court, may refuse to participate in MCIP
projects in a City/Town that elects not to pursue accepting full responsibility for the operations
and maintenance of small watershed dams within their jurisdiction. Failure to notify the
County of the City/Town’s intent to submit a plan for operations and maintenance of small
watershed dams in a timely manner shall be construed by the County as the City/Town’s
election not to pursue operations and maintenance of these dams.
B. Projects selected by the County and approved by the Commissioners Court prior to the
Effective Date of the adoption of this policy, shall not be impacted by this policy.
C. The County shall provide written notification of the adoption of, and future revisions of, this
policy to the cities abutting small watershed dams.
D. The provisions of this Article XVIII shall survive the termination of this Master Agreement.
ARTICLE XIX. MISCELLANEOUS GENERAL PROVISIONS
A. Applicable Law/Venue. This Master Agreement and all matters pertinent thereto shall be
governed by and enforced in accordance with the laws and case decisions of the State of Texas.
Exclusive venue for any legal action regarding this Master Agreement and all matters pertinent thereto
filed by either the County or the City/Town shall be in Dallas County, Texas. Notwithstanding
anything herein to the contrary, this Master Agreement is expressly made subject to the County’s and
the City/Town’s sovereign and/or governmental immunity, pursuant to Title 5 of the Texas Civil
Practice and Remedies Code, and all applicable State of Texas and federal laws.
B. Entire Agreement. This Master Agreement constitutes the entire agreement between the parties
respecting the subject matter contained herein, supersedes all prior and contemporaneous
understandings and agreements, whether oral or in writing, between the parties respecting same, and
may not be modified except by an instrument in writing executed by the parties hereto as herein
provided.
C. Severability. If one or more of the provisions in this Master Agreement shall for any reason be
held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability
shall not cause this Master Agreement to be invalid, illegal or unenforceable, but this Master
Agreement shall be construed as if such provision had never been contained herein, and shall not affect
the remaining provisions of this Master Agreement, which shall remain in full force and effect.
D. Default/Waiver/Mitigation. It is not a waiver of default if the non-defaulting party fails to declare
immediately a default or delays in taking any action. Pursuit of any remedies set forth in this Master
Agreement does not preclude pursuit of other remedies in this Master Agreement or as provided by
law.
E. Federal or State of Texas Funding. In the event that any work or part thereof is funded by State
of Texas or U. S. Government funding and any statute, rule, regulation, grant, contract provision or
other State of Texas or U. S. Government law, rule, regulation or other provision imposes additional or
MCIP MASTER AGREEMENT– 2021 18
greater requirement(s) than stated herein, the City/Town agrees to timely comply therewith without
additional cost or expense to the County.
F. Headings. The headings and titles, which are used following the roman numeral of each paragraph
are only for convenience in locating various provisions of this Master Agreement and shall not be
deemed to affect the interpretation or construction of such provisions.
G. Number and Gender. Words of any gender used in this Master Agreement shall be held and
construed to include any other gender, and words in the singular shall include the plural and vice versa,
unless the text clearly requires otherwise.
H. Counterparts. This Master Agreement may be executed in multiple counterparts, each of which
shall be deemed an original, but all of which shall constitute one and the same instrument.
I. Notice. Any notice provided for in this Master Agreement to be given by either party to the other,
shall be required to be in writing and shall be deemed given when personally delivered, or three (3)
business days after being deposited in the United States Mail, postage prepaid, via certified mail, return
receipt requested, or via registered mail, and addressed as follows:
County: County of Dallas
Director of Public Works
Dallas County
Administration Building
411 Elm Street, Fourth Floor
Dallas, Texas 75202-3389
To City/Town: City/Town of ___________
Name
Title
Address
Town/City, Zip Code
Either party may change its address for notice by giving the other party written notice thereof.
J. Assignment. This Master Agreement may not be assigned or transferred by either party without
the prior written consent of the other party and formal approval by the governing body of each party.
K. Binding Agreement, Parties Bound. When this Master Agreement has been duly executed and
delivered by both parties, this Master Agreement shall constitute a legal, valid, and binding obligation
of the parties, their successors, and permitted assigns.
L. Amendment. This Master Agreement may not be amended except in a written instrument
specifically referring to this Master Agreement and signed by the parties hereto.
M. Effective Date. This Master Agreement shall commence on the Effective Date. The Effective
Date of this Master Agreement shall be the date it is executed by the last of the parties. Reference to
the date of execution shall mean the Effective Date.
MCIP MASTER AGREEMENT– 2021 19
N. Contingent. This Master Agreement is expressly subject to and contingent upon formal approval
by the Dallas County Commissioners Court and by resolution of the City/Town Council.
O. No Joint Enterprise/Venture. City/Town and County agree that neither party is an agent, servant,
or employee of the other party. The parties, including their agents, servants, or employees, are
independent contractors, and not an agent, servant, joint enterprise/venture, or employee of any other
party, and are responsible for their own acts, forbearance, negligence, and deeds, and for those of their
agents, servants, or employees in conjunction with this Master Agreement. No joint enterprise/venture
exists between the City/Town and County.
The City/Town of _____________, State of Texas, has executed this Master Agreement
pursuant to duly authorized City/Town Council Resolution __________, Minutes_____________
dated the ____ day of ___________, 20__.
The County of Dallas, State of Texas, has executed this Master Agreement pursuant to
Commissioners Court Order Number __________ and passed on the ____ day of ___________, 20__.
(the remainder of this page intentionally left blank)
(signatures appear on the following page)
MCIP MASTER AGREEMENT– 2021 20
CITY/TOWN OF COPPELL COUNTY OF DALLAS
BY _____________________________ BY _______________________________
Clay Lewis Jenkins, County Judge
TITLE ___________________________________
DATE______________________________ DATE _______________________________
ATTEST____________________________ APPROVED AS TO FORM*:
CITY SECRETARY \ ATTORNEY JOHN CREUZOT
DISTRICT ATTORNEY
BY _________________________________
Jana Prigmore Ferguson
Assistant District Attorney
*By law, the District Attorney’s Office may only advise or approve contracts or legal documents on
behalf of its clients. It may not advise or approve a contract or legal document on behalf of other
parties. Our review of this document was conducted solely from the legal perspective of our client.
Our approval of this document was offered solely for the benefit of our client. Other parties should not
rely on this approval, and should seek review and approval by their own respective attorney(s).
PSA-City of Coppell for IH 635 at Belt Line Road, MCIP 20701
1
DALLAS COUNTY CAPITAL IMPROVEMENT
PROJECT SPECIFIC AGREEMENT
TO THE MASTER AGREEMENT GOVERNING
MAJOR CAPITAL TRANSPORTATION IMPROVEMENT PROGRAM
This Project Specific Agreement (“PSA”) to the Master Agreement Governing Major Capital
Transportation Improvement Program (“Master Agreement”) is made by and between the City of
Coppell, Texas, ("City"), and the County of Dallas, Texas, ("County"), acting by and through its duly
authorized officials, for the purpose of constructing transportation improvements on IH 635 at Belt
Line Road, MCIP Project 20701, (“Project”).
WHEREAS, the Project is located within the City of Irving and the City of Coppell;
WHEREAS, the City of Irving has requested that it be designated as the Lead Agency for the
Project and will provide the Project Manager;
WHEREAS, the City and the County entered into a Master Agreement on July 06, 2021, by
Commissioners Court Order 2021-0697, for the purpose of transportation improvements on roads
inside Dallas County;
WHEREAS, the City of Irving and Texas Department of Transportation (TxDOT) shall enter
into an Advanced Funding Agreement (“AFA”) for the purpose of transportation improvements on
roads inside Dallas County;
WHEREAS, the County and City of Irving shall enter into a Project Specific Agreement for
the purpose of transportation improvements on roads inside Dallas County;
WHEREAS, the City and City of Irving shall enter into a Bilateral Agreement for the purpose
of transportation improvements on roads inside Dallas County; and
WHEREAS, Chapter 791 of the Texas Government Code and Chapters 251 and 472 of the
Texas Transportation Code provide authorization for local governments to contract with each other for
the performance of governmental functions and services, as well as joint funding of road construction
or improvements of road or street projects.
NOW THEREFORE THIS PSA is made by and entered into by the City and the County for
the mutual consideration stated herein.
Article I.
Project Specific Agreement
This PSA is to specifically identify the Project, changes in the rights and responsibilities of
each of the parties as set forth in the Master Agreement and any additions thereto as incorporated
herein. This PSA will be an addition to the Master Agreement and incorporate each of its terms and
conditions. All terms of the Master Agreement remain in full force and effect except as modified
herein. In the event of any conflict between the Master Agreement and this PSA, this PSA shall
control.
PSA-City of Coppell for IH 635 at Belt Line Road, MCIP 20701
2
Article II.
Incorporated Documents
This PSA incorporates, as if fully reproduced herein word for word and number for number, the
following items:
1. Master Agreement authorized by County Commissioners Court Order 2021-0697 dated July
06, 2021, and additions thereto, which is incorporated herein by reference.
2. Project vicinity map, which is attached hereto and incorporated herein by reference as
Attachment “A.”
3. Current Cost Estimates and Funding Sources, which is attached hereto and incorporated
herein by reference as Attachment “B.”
4. AFA between City of Irving and Texas Department of Transportation, and any amendments
thereto, are incorporated herein by reference.
5. PSA between County and City of Irving and any amendments thereto, are incorporated
herein by reference.
6. Bilateral Agreement between the City and City of Irving and any amendments thereto, are
incorporated herein by reference.
Article III.
Term of Agreement
This PSA shall become effective when signed by the last party whose signature makes the
respective agreement fully executed and shall terminate upon the completion and acceptance of the
Project by Dallas County Commissioners Court or upon the terms and conditions in the Master
Agreement, Article IV, Section A, Termination.
Article IV.
Project Description
This PSA is entered into by the parties to develop public transportation improvements within the City
of Coppell, Texas. The Project is defined as interchange improvements at IH 635 at Belt Line Road.
The project includes capacity, safety, and new roadway improvements that will better facilitate the
movement of traffic at this interchange. The Project is made up of three project components, which include
a new Texas U-turn on the east side of the interchange, dual left turn lanes on Northbound Belt Line Road
Bridge, and a right turn lane on East Bound IH 635 Frontage Road. Both project components will be
designed to TxDOT standards.
The new Texas U-turn will consist of an independent single lane bridge over IH 635 allowing
vehicles traveling on the westbound frontage road to make a U-turn onto the eastbound frontage
road. The U-turn bridge will be located just east of the existing Belt Line Road Bridge over IH
635 and will be structurally independent of the Belt Line Road Bridge.
There is currently a single left turn on the Belt Line Road Bridge over IH 635. The existing left
turn lane runs for the entire length of the bridge, which is approximately 570 feet between
frontage road intersections. This project will modify the existing median on the Belt Line Road
Bridge in order to add a second left turn lane on the bridge. The two left turn lanes will run the
entire length of the Belt Line Road Bridge and will continue south of the eastbound frontage road
intersection for an additional 300 feet before tapering back down to the through traffic lanes.
This project also proposes to add a new right turn lane onto the East Bound Frontage Road of
IH 635. This component also includes bicycle/pedestrian improvements and signal improvements
at the intersection of Belt Line Road and East Bound Frontage Road.
PSA-City of Coppell for IH 635 at Belt Line Road, MCIP 20701
3
This Project will facilitate the movement of public transportation to benefit both the City and
County. The City does hereby give its approval for expenditure of County funds for the construction,
improvement, maintenance, or repair of a street located within the municipality.
Article V.
Fiscal Funding
Notwithstanding anything to the contrary herein, this PSA is expressly contingent upon the
availability of County funding for each item and obligation contained herein. City shall have no right
of action against the County of Dallas as regards this PSA, specifically including any funding by
County of the Project in the event that the County is unable to fulfill its obligations under this PSA as a
result of the lack of sufficient funding for any item or obligation from any source utilized to fund this
PSA or failure of any funding party to budget or authorize funding for this PSA during the current or
future fiscal years. In the event of insufficient funding, or if funds become unavailable in whole or
part, the County, at its sole discretion, may provide funds from a separate source or terminate this PSA.
In the event that payments or expenditures are made, they shall be made from current funds as required
by Chapter 791, Texas Government Code.
Notwithstanding anything to the contrary herein, this PSA is expressly contingent upon the
availability of City funding for each item and obligation contained herein. County shall have no right
of action against the City as regards this PSA, specifically including any funding by City of the Project
in the event that the City is unable to fulfill its obligations under this PSA as a result of the lack of
sufficient funding for any item or obligation from any source utilized to fund this PSA or failure of any
funding party to budget or authorize funding for this PSA during the current or future fiscal years. In
the event of insufficient funding, or if funds become unavailable in whole or part, the City, as its sole
discretion, may provide funds from a separate source or terminate this PSA. In the event that
payments or expenditures are made, they shall be made from current funds as required by Chapter 791,
Texas Government Code.
Article VI.
Agreements
I. County and City Responsibilities:
1. City and County agree that the City of Irving shall be the Lead Agency for the Project from
commencement of planning to completion of construction.
2. City and County mutually agree that the Project limits are IH 635 at Belt Line Road.
3. The agreed upon Standard Basic Project Design shall be the Standard Basic Project Design
for the Project. Such design shall be the Standard Basic Project Design for the Project and
specifically does not include Road or Street Amenity, Paving and Drainage Amenities or
Utility Betterments as defined in the Master Agreement. If the City adds relocation or
adjustment of City Utilities or Utility Betterments, the City agrees that it will pay 100% of
the costs of these additions.
4. The City agrees that County may include any such item as an optional item to the
construction bidding. City further agrees to review the bids submitted, the bid
specifications, quantities, bid amount and any other item the City shall choose to review
and furnish a written acceptance or rejection of the bid within ten (10) days of receipt. In
the event the bid is accepted, City agrees to encumber an amount adequate for the total
estimated project costs as indicated in Attachment “B.”
5. The Project will require the acquisition of road right-of-way which is specifically all real
property needed or convenient for roadway and/or drainage purposes as shown in the
Project design or right-of-way plans and specifically includes all real property outside of
PSA-City of Coppell for IH 635 at Belt Line Road, MCIP 20701
4
the designed right-of-way needed, if applicable, or convenient to the construction, drainage,
interface with adjoining streets or alleys, driveways or other access ways or other Project
permanent or temporary easements which is approved by City and County. Such right-of-
way acquisition shall be the responsibility of the City as Lead Agency. The City shall
coordinate any necessary City-owned utility adjustments for construction of the Project.
Such acquisitions will be transferred into the City’s name as owner as the City shall be
solely responsible for maintenance after construction is completed.
6. In order to certify compliance with the expenditure of the Project funding for this PSA, the
City agrees to furnish to the County, its Auditor, or its designated representative(s) the
unrestricted right to audit any and all accounting and other records regarding any funds
paid or claimed under this agreement, including, but not limited to all books, records,
reports, tickets, deposits, expenditure, budget or any item therein, supporting data,
computer records and programs, and all items of hardware, software or firmware, or any
other item utilized by the City regarding this PSA (records). City contracts and agrees that
all records shall be kept and maintained for a period of time not less than four (4) years
from the date of the termination of this PSA. Such records shall be provided to the County
in Dallas County, Texas and available for any audit at any time upon request.
7. The results of any audit may be furnished to City for comment. In the event that any audit
shall determine that moneys are owed to County, such sums are deemed to be due and
payable to Dallas County, Texas, within thirty (30) days of the date of an invoice for such
cost being deposited in the United States mail, via certified mail, with return receipt
requested.
8. The audit provisions of this agreement shall survive the termination of this agreement until
all Project claims to which the County is or may be a party, are fully paid or reduced to
judgment not subject to appeal and barred by the Texas statute regarding limitation of
actions.
II. City Responsibilities:
1. City shall execute the necessary agreements, subject to City Council approval, for the
implementation of design and construction of the Project mutually agreed upon and
incorporated herein by this PSA, including for the acquisition of right-of-way and any
utility relocation.
2. City shall execute a bilateral agreement with City of Irving to facilitate payment to TxDOT
for constructing turn lanes within City of Irving’s jurisdiction.
3. City shall provide a City Council Resolution commitment to meet the Project funding
subject to City Council authorization of required additional funds.
4. This PSA is City approval of the preferred alignment and the proposed estimated budget
and funding.
5. City shall be responsible for maintaining the roadway, transportation improvements,
grading area, drainage structures, striping, and signage after the Project is complete.
III. County Responsibilities:
1. County agrees to participate in the City of Irving led project as a funding participant.
2. The County will attend task force meetings, field construction meetings and will retain right
during construction to confirm progress through inspection and to review and provide
comments to plans, change orders, and amendments in a timely manner.
3. County shall execute a PSA with the City of Irving for the purpose of transportation
improvements on roads inside Dallas County.
PSA-City of Coppell for IH 635 at Belt Line Road, MCIP 20701
5
Article VII.
Funding
County and City mutually agree to proportionately fund the Direct Project and Program cost as
follows and as summarized in Attachment “B”:
1. Notwithstanding any provision in the Master Agreement, this PSA, any amendment
thereto, or any other agreement between the parties regarding this Project, the total
Project cost is estimated to be Seven Million, Two Hundred Twenty Seven Thousand
Nine Hundred Twelve Dollars and no cents ($7,227,912.00) as shown in Attachment
“B.”
2. The County’s total obligation to this Project is to provide funding in the amount not to
exceed One Million Two Hundred Thousand Dollars and no cents ($1,200,000.00),
reduced by all County in-house project delivery costs of the total Project cost, estimated
to be Fifty Eight Thousand, Two Hundred Eighty Six Dollars and no cents
($58,286.00). County will pay Project costs as invoiced by the City of Irving after
construction is completed and accepted by all agencies involved.
3. The County in-house Project delivery (“IHPD”) costs may include, but are not limited
to, design costs, preliminary scoping and research, preliminary design services, design
review, special services, site inspection, meetings, and preliminary utility coordination.
4. The City will have a total obligation to provide funding for the Project in the amount
not to exceed Two Hundred Forty Four Thousand Five Hundred Dollars and no cents
($244,500.00).
5. The City of Irving will have a total obligation to provide funding for the Project in an
amount of at least Nine Hundred Twenty Thousand Seven Hundred Fourteen Dollars
and no cents ($920,714.00).
6. Texas Department of Transportation will have a total obligation to provide funding for
the Project in the amount not to exceed Four Million Eight Hundred Sixty Two
Thousand Six Hundred Ninety Eight Dollars and no cents ($4,862,698.00).
7. If the total Project costs excluding paving and drainage amenities or utility betterments
should exceed the total Project cost, the Cities and County agree to amend the Project’s
scope to remain within the current estimated not to exceed amount unless the City of
Irving pays one hundred percent (100%) of all cost overruns and any additional Project
costs.
8. The City of Irving shall be responsible for one hundred percent (100%) of all cost
overruns and any additional Project costs if such additional funding commitments are
approved by Administrative Action signed by the Mayor or by resolution of the City
Council.
9. Any payments to be made by any party hereto shall be from current revenue or other
lawfully available funds in accordance with Chapter 791 of the Texas Government
Code.
Article VIII.
Miscellaneous
I. Indemnification. County and City agree that each shall be responsible for its own negligent
acts or omissions or other tortious conduct in the course of performance of this PSA,
without waiving any governmental/sovereign immunity available to the County or City or
their respective officials, officers, employees, or agents under Texas or other law and
PSA-City of Coppell for IH 635 at Belt Line Road, MCIP 20701
6
without waiving any available defenses under Texas or other law. Nothing in this
paragraph shall be construed to create or grant any rights, contractual or otherwise, in or
to any third persons or entities.
II. No Third Party Beneficiaries. The terms and provisions of this PSA are for the benefit of the
parties hereto and not for the benefit of any third party. It is the express intention of the City and
County that any entity other than the City or County receiving services or benefits under this
PSA shall be deemed an incidental beneficiary only. This PSA is intended only to set forth the
contractual right and responsibilities of the parties hereto.
III. Applicable Law. This PSA is and shall be expressly subject to the Sovereign Immunity of the
County and the Governmental Immunity of the City, pursuant to Title 5 of the Texas Civil
Practice and Remedies Code, as amended, and all applicable federal and state laws. This PSA
shall be governed by and construed in accordance with the laws and case decisions of the State of
Texas. Exclusive venue for any legal action regarding this PSA filed by either the City or
County shall be in Dallas County, Texas.
IV. Notice. Any notice provided for in this PSA to be given by either party to the other, shall be
required to be in writing and shall be deemed given when personally delivered, or two (2)
business days after being deposited in the United States Mail, postage prepaid, by certified mail,
return receipt requested; or by registered mail; and addressed as follows:
To: County: County of Dallas
Director of Public Works
Dallas County Records Building
500 Elm Street, Suite 530
Dallas County, Texas 75202
To: City: City of Coppell
Public Works
Address: 265 E. Parkway Boulevard
Coppell, TX 75019
Either party may change its address for notice by giving the other party notice thereof.
V. Assignment. This PSA may not be assigned or transferred by either party without the prior
written consent of the other party.
VI. Binding Agreement; Parties Bound. When this PSA has been duly executed and delivered by
both parties, this PSA shall constitute a legal, valid and binding obligation of the parties, their
successors and permitted assigns.
VII. Amendment. This PSA may not be amended except in a written instrument specifically referring
to this PSA and signed by the parties hereto.
VIII. Number and Gender. Words of any gender used in this PSA shall be held and construed to
include any other gender and words in the singular shall include the plural and vice versa, unless
the context clearly requires otherwise.
IX. Effective Date. This PSA shall commence on the Effective Date. The Effective Date of this PSA
shall be the date it is expressly executed by the last of the parties. Reference to the date of
execution shall mean the Effective Date.
X. Counterparts. This PSA may be executed in multiple counterparts, each of which shall be
deemed an original, but all of which shall constitute one and the same instrument.
XI. Severability. If one or more of the provisions in this PSA shall for any reason be held to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability
PSA-City of Coppell for IH 635 at Belt Line Road, MCIP 20701
7
shall not cause this PSA to be invalid, illegal or unenforceable, but this PSA shall be construed as
if such provision had never been contained herein, and shall not affect the remaining provisions
of this PSA, which shall remain in full force and effect.
XII. Entire Agreement. This PSA embodies the complete agreement of the parties, and supersedes all
oral or written previous and contemporary agreements between the parties and relating to matters
in the PSA.
XIII. No Joint Enterprise/Venture. City and County agree that neither party is an agent, servant, or
employee of the other party. No joint enterprise/venture exists between the City and the County.
XIV. Contingent. This PSA is expressly subject to and contingent upon formal approval by the Dallas
County Commissioners Court and by resolution of the City Council. This PSA is expressly
subject to and contingent upon the City executing an AFA with TxDOT related to funds coming
from NCTCOG STBG program and TxDOT and that City shall maintain its roads. This PSA is
expressly subject to and contingent upon the City executing a bilateral agreement with the City of
Irving to facilitate payment to TxDOT for constructing interchange improvements within City of
Coppell’s jurisdiction. This PSA is expressly subject to and contingent upon the County entering
into a PSA with the City of Irving. If any agreement terminates, then this PSA shall also
terminate.
(Signatures appear on the following page)
PSA-City of Coppell for IH 635 at Belt Line Road, MCIP 20701
8
The City of Coppell, State of Texas, has executed this PSA pursuant to duly authorized City
Council Resolution ________, Minutes_______dated the ____day of ___________, 2021.
The County of Dallas, State of Texas, has executed this PSA pursuant to Commissioners
Court Order Number ___________ and passed on the ____day of ___________, 2021.
County of Dallas: City of Coppell:
_____________________________ _______________________________
Clay Lewis Jenkins, County Judge By:
Title: __________________________
_____________________________ _______________________________
Date Date
Approved as to Form*: Attest:
John Creuzot
District Attorney
By: __________________________ By: ____________________________
Jana Prigmore Ferguson
Assistant District Attorney Title: __________________________
*By law, the District Attorney’s Office may only advise or approve contracts or legal documents on
behalf of its clients. It may not advise or approve a contract or legal document on behalf of other
parties. Our review of this document was conducted solely from the legal perspective of our client.
Our approval of this document was offered solely for the benefit of our client. Other parties should not
rely on this approval, and should seek review and approval by their own respective attorney(s).
PSA-City of Coppell for IH 635 at Belt Line Road, MCIP 20701
9
ATTACHMENT “A”
PSA-City of Coppell for IH 635 at Belt Line Road, MCIP 20701
10
ATTACHMENT “B”
Dallas County Capital Improvement Program
Project Specific Agreement
CURRENT COST ESTIMATES & FUNDING SOURCES PROJECT NAME: IH 635 at Belt Line Road MCIP 20701
Estimated Project Cost
Engineering $ 534,858
Dallas County In House Project Delivery
(IHPD) $ 58,286
Right-of-Way (ROW) $ 45,500
Construction $ 6,589,268
Total $ 7,227,912
Funding Sources
Dallas County $ 1,200,000
City of Irving $ 920,714
City of Coppell $ 244,500
TxDOT $ 4,862,698
Total $ 7,227,912
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6132
File ID: Type: Status: 2022-6132 Agenda Item Public Hearing
2Version: Reference: In Control: City Council
02/07/2022File Created:
Final Action: Trinity River Kayak Monument SignFile Name:
Title: PUBLIC HEARING:
Consider approval of a zoning change request from PD-260R3-R (Planned
Development-260-Revision 3-Retail) to PD-260R4-R (Planned
Development-260-Revision 4-Retail) to revise the Planned Development to
allow for an increase in the height/size and to allow for changeable letters on a
proposed monument sign previously approved; on 1.49 acres of property
located 1601 E. Sandy Lake Road.
Notes:
Sponsors: Enactment Date:
City Council Memo.pdf, Staff Report.pdf, Site Plan.pdf,
Signage Plan.pdf
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
Related Files:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 PassApproved02/17/2022Planning & Zoning
Commission
Text of Legislative File 2022-6132
Title
PUBLIC HEARING:
Consider approval of a zoning change request from PD-260R3-R (Planned
Development-260-Revision 3-Retail) to PD-260R4-R (Planned Development-260-Revision
4-Retail) to revise the Planned Development to allow for an increase in the height/size and to
allow for changeable letters on a proposed monument sign previously approved; on 1.49 acres
of property located 1601 E. Sandy Lake Road.
Summary
Page 1City of Coppell, Texas Printed on 3/4/2022
Master Continued (2022-6132)
Page 2City of Coppell, Texas Printed on 3/4/2022
1
MEMORANDUM
To: Mayor and City Council
From: Mindi Hurley, Director of Community Development
Date: March 8, 2022
Reference: Public Hearing: Consider approval of a zoning change request from PD-260R3-R
(Planned Development-260-Revision 3-Retail) to PD-260R4-R (Planned Development-
260-Revision 4-Retail) to revise the Planned Development to allow for an increase in the
height/size and to allow for changeable letters on a proposed monument sign previously
approved; on 1.49 acres of property located 1601 E. Sandy Lake Road, at the request of
Aaron Duncan on behalf of Jeff Varnell, Varnell Holdings, LLC.
2040: Implement Innovative Transportation Networks
Executive Summary:
This request is to replace a previously approved monument sign with one that is larger and has changeable
letters. The applicant operates a seasonal business and would like to advertise when they are open and
closed during certain periods of the year and when they have events for boy & girl scout troops and other
organizations.
Introduction:
The changeable letter sign will help communicate to passers-by when they are open and closed for the
season and prevent cars from stopping at the front gate to see if they are open. The size of the proposed
sign has slightly increased in height and width from the one that was previously approved. Because it is
proposed to be located in a depressed area, staff can support the increase in size and height to allow for
better visibility. The location of the sign was reexamined and would not block the visibility from Trinity
Shores and would not block the visibility of anyone entering or exiting the site. The proposed design can
be seen on the attached Sign Elevations Exhibit.
Analysis:
On February 17, 2022, the Planning and Zoning Commission recommended APPROVAL (6-1) of PD-
260R4-R, with no outstanding conditions.
Legal Review:
The City Attorney stated that if approved, we cannot regulate the content displayed on the sign.
Fiscal Impact:
None
2
Recommendation:
The Planning and Zoning Commission recommended APPROVAL of the PD request.
Attachments:
1. Staff Report
2. Site Plan
3. Sign Elevations
ITEM # 9
Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: PD-260R4-R, Trinity River Kayak Company
P&Z HEARING DATE: February 17, 2022
C.C. HEARING DATE: March 8, 2022
STAFF REP.: Matthew Steer, AICP, Development Services Administrator
LOCATION: 1601 E. Sandy Lake Road
SIZE OF AREA: 1.5 acres of property
CURRENT ZONING: PD-260R3-R (Planned Development-260-Revision 3-Retail)
REQUEST: A zoning change request to PD-260R4-R (Planned Development-260-Revision 4-
Retail) to revise the Planned Development to allow for an increase in the height/size
and to allow for changeable letters on a proposed monument sign previously
approved.
APPLICANT: Owner: Representative:
Jeff Varnell Aaron Duncan
1601 E. Sandy Lake Rd. Mesa Design Group
Coppell, Texas 75019 2001 N Lamar Street
214-714-5051 Dallas, Texas 75202
jeff@trinityriverkayak.com 214-871-4417
Aduncan@mesadesigngroup.com
HISTORY: This property has been zoned Retail for over 25 years and was formerly occupied by a bait shop
and a residence. In 2013, the property owner was granted a rezoning to allow a convenience
store in addition to canoe, kayak, paddleboard storage, rentals and sales (no residence). Given the
challenges imposed by reusing existing buildings and incorporating new construction, this
property was rezoned to a Planned Development District to allow for variances to regulations of
the Zoning and Subdivision Ordinances to accommodate this use, including:
• Variance to the building setback requirements.
• Variance to the masonry requirements for the existing and proposed
buildings.
• Allowance for outside storage.
• Variance to the paving requirement – the fire lane was required to be
concrete, the parking areas were permitted to be asphalt/crushed lime stone.
• Monument sign was permitted to be located 7.5 feet vs. 15 feet from the
R.O.W.
ITEM # 9
Page 2 of 3
• Perimeter landscaping requirement was waived along the east and north
property lines.
• No parking lot landscaping was required.
• Alternative fencing was permitted along the west property line abutting the
residential subdivision.
• The property owner was permitted to retain the Septic System, subject to it
being inspected, certified and brought up to code.
On January 8, 2013 City Council approved this rezoning. A ¾ vote of Council was
required due to over 20% opposition from the abutting homeowners.
After the establishment of this ordinance, the Director of Planning approved a
revised sign plan which allowed for a sign on the fence/wall instead of the approved
monument sign and approved the design and location of the attached sign.
In 2016, a request to amend the allowed uses and signage was approved.
In 2019, a request to amend the site plan to allow for a canopy and storage building,
an enclosed metal storage container and to use the existing building as a live/work
residence was approved by allowing variances to the Zoning Ordinance.
In 2020, a request to demolish a garage structure and build a 2,500 square foot new
structure which included a garage, additional enclosed storage space and a covered
pavilion area was approved.
HISTORIC COMMENT: There is no historic significance associated with the subject property.
TRANSPORTATION: Sandy Lake Road is a C4D, four-lane divided collector concrete roadway contained
within a 110-foot right-of-way.
SURROUNDING LAND USE & ZONING:
North – R. L. Turner FFA Project Center (CFBISD); A (Agriculture)
South - Single Family; Trinity Shores PD-190-SF-9
East - Trinity River; Cities of Dallas and Carrollton
West - Single Family; Trinity Shores PD-190-SF-9
COMPREHENSIVE PLAN: The Coppell 2030 Comprehensive Master Plan, adopted March 22, 2011,
shows the property as suitable for Residential Neighborhood.
DISCUSSION: In 2019, this site was approved to have a live/work use. The site is home to Trinity River
Kayak (TRK). As noted in the history section, the site has undergone several amendments
to the Planned Development over the past few years. Most recently in 2020, an amendment
was approved to allow for the demolition of an old garage, replacing it with a newer
ITEM # 9
Page 3 of 3
structure. This 2,500 square foot structure includes a garage, additional enclosed storage
space and a covered pavilion area.
This request is to replace a previously approved monument sign with one that has
changeable letters. TRK is very unique in comparison to the other businesses in Coppell.
TRK is considered a live/work use, consisting of the kayak business and a residence. It is
not open year-round. The applicant would like to advertise when they are open and closed
during certain periods of the year and when they have events for boy & girl scout troops
and other organizations. The changeable letter sign will help communicate to passers-by
when they are open and closed for the season and prevent cars from stopping at the front
gate to see if they are open.
The size of the proposed sign has slightly increased in height and width from the one that
was previously approved. Because it is proposed to be located in a depressed area, staff
can support the increase in height to allow for better visibility. The location of the sign
was reexamined and would not block the visibility from Trinity Shores and would not block
the visibility of anyone entering or exiting the site. The proposed design can be seen on
the attached Sign Elevations Exhibit.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of the PD amendment with no outstanding conditions.
ALTERNATIVES:
1. Recommend approval of the request
2. Recommend disapproval of the request
3. Recommend modification of the request
4. Take under advisement for reconsideration at a later date
ATTACHMENTS:
1. Site Plan
2. Sign Elevations.
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6161
File ID: Type: Status: 2022-6161 Agenda Item Mayor and Council
Reports
1Version: Reference: In Control: City Council
02/28/2022File Created:
Final Action: Mayor & CC ReportsFile Name:
Title: Report by the City Council on recent and upcoming events.
Notes:
Sponsors: Enactment Date:
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
Related Files:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
Text of Legislative File 2022-6161
Title
Report by the City Council on recent and upcoming events.
Summary
Page 1City of Coppell, Texas Printed on 3/4/2022
Master
City of Coppell, Texas 255 E. Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2022-6163
File ID: Type: Status: 2022-6163 Agenda Item Council Committee
Reports
1Version: Reference: In Control: City Council
03/02/2022File Created:
Final Action: CC ReportsFile Name:
Title:
A. Report on North Central Texas Council of Governments - Mayor Pro
Tem Brianna Hinojosa-Smith
B. Report on North Texas Commission - Mayor Pro Tem Brianna
Hinojosa-Smith
Notes:
Sponsors: Enactment Date:
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
Related Files:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
Text of Legislative File 2022-6163
Title
A. Report on North Central Texas Council of Governments - Mayor Pro Tem Brianna
Hinojosa-Smith
B. Report on North Texas Commission - Mayor Pro Tem Brianna Hinojosa-Smith
Summary
Page 1City of Coppell, Texas Printed on 3/4/2022