Number 16E C I T Y • O F
AGENDA REQUEST FORM
�,OPPELL
CITY COUNCIL MEETING: December 12, 2000
IL
ITEM CAPTION:
Consider approval of a Master Agreement covering Transportation and Major Capital Improvement Projects
between Dallas County and the City of Coppell; and authorizing the City Manager to sign.
A PPRO VED
BY
CITY COUNCIL
DATE : /2 -12irn
SUBMITTED BY Kenneth M. Griffin, P.E.
TITLE: ublic Works
STAFF COMMENTS:
See attached memo.
BUDGET AMT. $
FINANCIAL COMMENTS:
DIR.INITIALS: V,
AMT. EST. $
FIN. REVIEW:
+\ -BID $
CITY MANAGER REVIEW:
Agenda Request Form - Revised 5/00 Document Name: #eng2
MEMORANDUM
FROM THE
DEPARTMENT OF ENGINEERING
To: Mayor and City Council Members
From: Kenneth M. Griffin, P.E., Dir. of Engineering/Public Works V,
Date: December 12, 2000
RE: Consider approval of a Master Agreement covering Transportation and Major Capital
Improvement Projects between Dallas County and the City of Coppell; and authorizing
the City Manager to sign.
In FY 2000, Dallas County replaced h5traditional bond financing approach to funding infrastructure improvements
with a programmed Major Capital Improvement Program. Under the old bond financing method all projects were
authorized at the same time and were constructed generally at the same time. With the Major Capital Improvement
Projects, Dallas County has implemented a "pay as you go" program for participating and constructing street projects
with local entities.
To be eligible for funding, projects have to be roadways shown on a Regional Thoroughfare Plan as published by the
North Central Texas Council of Governments. If a project met that criteria, then it was evaluated based on its speed
delay rating, traffic volume rating, traffic volume growth rating, traffic desire rating, benefit cost ratio rating, accident
rate rating, air quality and energy conservation rating, sustainable development /redevelopment/smart growth rating,
intermodel/multi- model/social mobility rating, and a local cost participation multiplier. In reviewing upcoming
projects of which the City anticipates constructing it was noted that West Sandy Lake from Denton Tap to S.H. 121
met the criteria to be considered for partial funding by Dallas County. Therefore, in March 2000 the Engineering
Department submitted Sandy Lake Road to Dallas County for consideration of partial funding. In October 2000, 1
attended a joint Dallas County meeting with most surrounding cities to discuss the Major Capital Improvement
Program and the final selection of the projects for funding. At that meeting, information was provided to show that
Sandy Lake Road from Denton Tap to S.H. 121 had received funding from Dallas County in the amount of
$1,300,000 for the year 2006. The 2006 time line is a little beyond our anticipated start of construction in the year
2005; however, given the intricacies of the design of West Sandy Lake Road it is entirely possible that the project
would not even be ready to go to construction until later than 2005. Council may note that on the agenda this evening
there is also an item to approve the design contract for West Sandy Lake Road and that agenda item lists numerous
issues that will be associated with the design.
Notwithstanding the timing of the 1.3 million dollars in year 2006, it is important to note that Dallas County has
approved the project for partial funding and as such Dallas County has requested that we enter into a Master
Agreement concerning the project. The Master Agreement generally lays out County and City responsibilities.
However, once we are closer to the actual construction, there will be a Supplemental Agreement between Dallas
County and the City of Coppell to specifically state each party's responsibilities and the funding by each party. The
Master Agreement is only the first step in the process to obtain partial County funding for West Sandy Lake Road
from Denton Tap to S.H. 121.
With this agenda item I have provided a copy of the Master Agreement, a copy of our application from March 2000,
and a copy of a handout from my October 2000 meeting with the Sandy Lake Road project highlighted. Staff
recommends approval of the Master Agreement between Dallas County and the City of Coppell and will be
available to answer any questions at the Council meeting.
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
Go,�JgTY pFd
x q` DALLAS COUNTY
,,e� PUBLIC WORKS
OF
November 14, 2000
Mr. Ken Griffin
City Engineer
City of Coppell
255 Parkway Boulevard
P. O. Box 478
Coppell, Texas 75019
Re: Master Agreement Governing Transportation
Major Capital Improvement Projects
Dear Mr. Griffin:
Enclosed you will find the subject document for your prompt execution. As
previously detailed, the projects in this program will be on a tight schedule in order to be
completed in the appropriate Program Years. Adherence to the project schedule is
imperative for all partners. The schedule provides for the execution of the agreement by
our partner cities and return to us by January 2, 2001, for processing through
Commissioners Court. Your assistance in performing in compliance with this schedule is
greatly appreciated.
Kick -off meetings have begun and we look forward to participating with you in the
Pre - design Charrettes soon. If you require any further information, please contact me or
my staff at telephone 214 - 653 -7151.
Sincerely,
Iv
Donald R. Holzwarth, P.E.
Director of Public Works
Enclosure ( Agreement)
icn
411 Elm Street, 4 th Floor Dallas, Texas 75202 (214) 653 -7151
2000 Dallas County Call For Projects
APPLICATION INFORMATION
Submitting Agency: City of Coppell
Contact Person: Ken Griffin, P.E.
Address: 255 Parkway Blvd.
Coppell TX 76051
Telephone Number: (972)304 -3679 Facsimile Number: (972)304 -3570
e -mail address: kgriifin @ ci. coppell. tx. us
PROJECT INFORMATION
Location:
Sandy Lake Road
MAPSCO:
1 T -V
Beginning:
Denton Tap Road
Project Length:
10,500,
Ending:
S. H. 121
Avg Posted Speed:
37.33
Description of Proposed Improvement(s):
Avg Operating Speed:
29.86
Functional Classification:
R
Traffic Volume:
13126
# of Correctable Accidents:
6
Traffic Volume Source:
Count, 04126199
(over past 3 years)
Existina
Proposed
Through lanes 2
4
Left turn lanes 0
y
Right turn lanes 0
y
Sidewalks 0
y
Bicycle Lanes 0
S
Description of Proposed Improvement(s):
This proposed project is aimed at improving a thoroughfare that serves a considerable volume of traffic today but will likely serve
more regional traffic when it is improved and widened. Sandy Lake Road links Coppell to SH 121 and the Grapevine Mills
Development Corridor on the west and Carrollton on the east. It will juncture at SH121 with a diamond interchange in the future
that will facilitate additional development in the area. This project will be an extension of a current construction project to improve
and widen Sandy Lake Road east of Denton Tap Road.
Existing Sandy Lake Road conditions can be described as a typical rural two -lane asphalt road, approximately 20' wide, with
drainage ditches on both sides of the street. Sandy Lake Road serves Coppell School Bus Routes and is currently the main exit
point for buses leaving Coppell High School. Sandy Lake Road also serves as an alternate route during times of freeway
incidents on IH -635 and SH 121.
The proposed project would widen Sandy Lake Road to a four -lane divided thoroughfare with curb -and gutter and underground
drainage system. The design standard will be full -depth reinforced 3000 psi concrete paving on 6" lime - stabilized subgrade. The
subgrade stabilization method will be re- examined during design as soil types vary within the City Limits. Intersection
improvements as part of this project will result in left- and right -turn lanes where appropriate and other innovative treatments to
limit intersection delay and improve safety. Concrete 5' -wide sidewalks will be included on both sides of the street to facilitate foot
traffic. Another element planned with this project will be an on- street bike route that is designated as a link of the Dal -Noma
veloweb.
It is important to note that City staff intends to manage this project and provide inspection services. The City will acquire the
necessary right -of -way for the project and contract directly with a consultant to design the project. The design process should
begin in the next year, with right -of -way to begin at the appropriate stage of design. Hence, if and when County funds are
available to the City they would be dedicated solely to construction activities.
Total Project Cost: $
Right -of -way Cost: $
Engineering /Design Cost: $
Utility Cost: $
Construction Cost: $
Local Cost Contribution: $
in percent of total cost:
PROJECT COST INFORMATION
8,275,000
750,000
1,000,000
6,525,000
6,975,000
84%
40
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7 DALLAS COUNTY
�r °rf of PUBLIC WORKS
May 14, 2001
Mr. Ken M. Griffin, P.E.
City Engineer
City of Coppell
255 Parkway Boulevard
Coppell, Texas 75019
Re: TRANSMITTAL OF MASTERAGREEMENT GOVERNING TRANSPORTATION
MAJOR CAPITAL IMPROVEMENT PROJECTS
Dear Mr. Griffin:
Enclosed please find one (1) original of the referenced MASTER AGREEMENT GOVERNING
TRANSPORTATION MAJOR CAPITAL IMPROVEMENT PROJECTS, along with a copy of
Court Order No. 2001 -814, dated April 24, 2001, for your records and use.
Should you have any questions or comments, please do not hesitate to contact this office. Thank you
for your cooperation in this endeavor. We look forward to working with your city on future
thoroughfare projects.
Sincerely,
ou4�1
Donald R. Holzwarth, P.E.
Director of Public Works
DRH:ABR:JCNdlc
enclosure
411 Elm Street, 4th Floor Dallas, Texas 75202 (214) 653 -7151
IV -I-
COURT ORDER
ORDER NO.2 001 81¢
DATE: APR 2 4 2001
STATE OF TEXAS 9[
COUNTY OF DALLAS I
BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas, held on
the 24th
day of
April
2001, on motion made
by Kenneth A. Mayfield, Commissioner of District No. 4
,and seconded
by Mike Cantrell, Commissioner of District No. 2 , the following order was adopted:
WHEREAS, the matter set forth below was briefed before Commissioners Court on January 9, 2001 and April 3, 2001;
and
WHEREAS, In December 1999, Commissioners Court issued a call for projects to the cities to identify candidate
thoroughfare improvement projects for potential County funding; and
WHEREAS, on October 17, 2000, Dallas County Commissioners Court approved participation in Transportation Major
Capital Improvement Projects for the Program Years 2004, 2005, and a portion of 2006 by Court Order
2000 -2117 with a list of proposed accepted projects attached to the Court Order. In order to implement the
proposed projects it is necessary for the impacted cities to execute a MASTER AGREEMENT GOVERNING
TRANSPORTATION MAJOR CAPITAL IMPROVEMENT PROJECTS; and
WHEREAS, by execution of the attached documents, the cities of Carrollton, Cedar Hill, Coppell, Duncanville, Glenn
Heights, Grand Prairie, Irving, Sachse and Rowlett, which were briefed on January 9, 2001, and the cities
of Balch Springs, Dallas, Desoto and Lancaster, which were briefed on April 3, 2001 have agreed to
participate on at least a fifty /fifty basis with Dallas County; and
WHEREAS, it is desirable to have the impacted cities committed to funding projects they have put forward. The
MASTER AGREEMENT will initiate this effort by clearly defining County and City partnership and roles.
A supplemental agreement will be implemented once a predesign charrette meeting is held that will identify
project specifics such as proposed alignment, scope, project teams and cost estimates.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Dallas County Commissioners Court that the County
Judge is hereby authorized and directed to execute the attached MASTER AGREEMENTS for the cities of Carrollton,
Cedar Hill, Coppell, Duncanville, Glenn Heights, Grand Prairie, Irving, Sachse, Rowlett, Balch Springs, Dallas,
DeSoto and Lancaster..
Lee F
Attachments
COURT, this the
24th
John Wiley Pr0e, District #3
Recommended
For Approval:
Cantrell, District #2
Donald R. Holzwarth, P.E., Director of Public Works
?001.
141
STATE OF TEXAS
2
COUNTY OF DALLAS §
MASTER AGREEMENT GOVERNING
TRANSPORTATION
MAJOR CAPITAL IMPROVEMENT PROJECTS
THIS MASTER AGREEMENT is made by and between the City of C OP , Texas,
hereinafter called "CITY', and the County of Dallas, Texas, hereinafter called "COUNTY', acting by
and through its duly authorized officials, which desire to enter into an Interlocal Agreement,
hereinafter called MASTER AGREEMENT, for the purpose of Transportation Improvements on
roads inside Dallas County that are on the North Central Texas Council of Government's Regional
Thoroughfare Plan.
WITNESSETH
WHEREAS, pursuant to Court Order 2000 -2117, dated October 17, 2000, County
Commissioners Court approved participation in Transportation Major Capital Improvement Projects
for the Program Years 2004, 2005, and a portion of 2006 within the cities inside Dallas County; and
WHEREAS, the approved project lists 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 and
COUNTY for the mutual consideration stated herein:
AGREEMENT
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 in the MASTER AGREEMENT.
b) CITY shall mean the City of E , County of Dallas, State of Texas.
c) COUNTY shall mean the County of Dallas, State of Texas.
d) DIRECT PROJECT & PROGRAM COSTS shall mean those costs that can be identified
specifically with a particular project or program cost objective. These costs generally include
MASTER AGREEMENT— 11 /10 /00 1
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; damage claims; 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 either CITY or COUNTY general
overhead.
e) EFFECTIVE DATE shall mean the date of the signature of the last person necessary for this
MASTER AGREEMENT to become effective.
f) INDIRECT COSTS shall mean those costs which have been incurred for common or joint
purposes. These costs benefit more than one cost objective and cannot be readily identified with a
particular final project or program cost objective without effort disproportionate to the results
achieved.
g) INTERLOCAL AGREEMENTS shall mean contracts or agreements entered into between CITY
and COUNTY in accordance with Texas Government Code Chapter 791 .
h) 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.
i) MASTER AGREEMENT shall mean this document including all incorporated documents,
attachments, and exhibits.
j) MEMORANDUM OF AGREEMENT (MOA) shall mean a written document which
incorporates the results of the PREDESIGN CHARRETTE. Said MOA shall at a minimum
identify the overall funding scheme, and basic scope of the PROJECT.
k) PARCEL OR PARCELS shall mean those tracts of land and improvements located either wholly
or partially thereon, identified by COUNTY, CITY or other STAKEHOLDER as required for
right -of -way requirements of the PROJECT. Such Right -of -way shall include both the existing
street, road, drainage or other CITY or COUNTY real property ownership and all additional real
property to be utilized for the PROJECT.
1) PREDESIGN CHARRETTE shall mean a meeting of decision making STAKEHOLDERS and
other members of the PROJECT TEAM for the purpose of entering into a MEMORANDUM OF
AGREEMENT for the overall funding, alignment and scope of the PROJECT.
m) PROJECT MANAGER shall mean the person appointed by the Lead Agency who is assigned the
primary duty for assuring Project Team coordination and timely project delivery. There will be
only one PROJECT MANAGER assigned to a PROJECT.
n) PROJECT TEAM shall mean representatives from COUNTY, CITY, and other
STAKEHOLDERS as may be mutually agreed upon by COUNTY, CITY and STAKEHOLDER or
otherwise with responsibility for delivering the completed PROJECT.
o) PROJECT(S) shall mean the road improvements approved by the COUNTY for inclusion in the
Transportation Major Capital Improvements Program approved by the Commissioners Court and
approved by the CITY and/or other applicable STAKEHOLDERS.
p) ROAD or STREET 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
MASTER AGREEMENT- 11 /10 /00 2
STANDARD BASIC PROJECT DESIGN or any increase in capacity in excess of COUNTY
determined requirements based on anticipated future traffic flow.
q) RIGHT OF WAY (ROW) shall mean that real property, (either existing, or required in fee and/
or easement) identified by COUNTY, CITY, or other project STAKEHOLDER as necessary for
the construction of the PROJECT. Such Right -of -way shall include both the existing street, road,
drainage or other CITY or COUNTY real property ownership and all additional real property to be
utilized for the PROJECT.
(r) STANDARD BASIC PROJECT DESIGN shall mean the standard COUNTY- approved CITY
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 mutually agreed
upon in a project specific SUPPLEMENTAL AGREEMENT.
(s) SUPPLEMENTAL AGREEMENT shall mean an agreement subsequent to this document which
is entered into to establish the contractual rights and responsibilities of the CITY and COUNTY as
it relates to the PROJECT.
(t) STAKEHOLDER shall mean any governmental or quasi - governmental entity making a financial
contribution to the PROJECT.
(u) TxDOT shall mean the Texas Department of Transportation.
(v) UTILITIES shall mean each City 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, COUNTY, or
STATE OF TEXAS.
(w) CITY UTILITY shall mean those owned or operated by CITY which require relocation or
adjustment for the purpose of the construction of the PROJECT as identified by PROJECT plans.
(x) UTILITY IN PUBLIC RIGHT -OF -WAY shall mean all UTILITIES located within the limits
of the PROJECT by virtue of Texas or Federal Law or agreement between the entity and the
CITY.
(y) UTILITY IN PRIVATELY OWNED RIGHT -OF -WAY shall mean all UTILITIES,
excluding CITY UTILITIES, whose facilities are located within the limits of the PROJECT by
virtue of satisfactorily documented pre- existing real property ownership.
fZ1 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 CITY or UTILITY on projects solely financed by
CITY or UTILITY. Provided, however, that any upgrading 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 CITY 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 ").
MASTER AGREEMENT- 11 / 10/00 3
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 be an annual agreement and shall automatically renew without further
action by either party unless or until terminated as provided in Article IV (Termination) or the
expiration of ten (10) years, whichever shall first occur.
Article III. AMENDMENTS
This Master Agreement may be amended with the mutual consent of the CITY and COUNTY.
Any amendment must be in writing and approved by the parties' respective governing bodies.
Article IV. TERMINATION, DEFAULT, TIME OF THE ESSENCE AND FORCE
MAJEURE
1. TERMINATION
A. This MASTER AGREEMENT may be terminated by any of the following conditions:
(1) By expiration of term of the agreement.
(2) By mutual written consent and agreement of COUNTY and CITY.
(3) By either party, by notice in writing establishing the effective date of termination to the
other party as consequence of the party being in default of the provisions of this Agreement
or any SUPPLEMENTAL AGREEMENT or failure to timely provide funding, with proper
allowances being made for circumstances beyond the control of the defaulting party.
(4) By either party with ninety days written notice to the other party.
B. Should either party terminate this MASTER AGREEMENT as herein provided, all
existing, fully executed SUPPLEMENTAL AGREEMENT 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 SUPPLEMENTAL AGREEMENT 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 prior to the award of any construction contract
and the PROJECT is located within the CITY limits, CITY shall pay to COUNTY the full
amount expended by COUNTY on the project and COUNTY shall transfer to CITY 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
MASTER AGREEMENT- 11 /10 /00 4
(90) days subsequent to the termination, or thirty days subsequent to delivery of final
accounting.
E. Once the construction contract has been let, with the approval of the other party, the
SUPPLEMENTAL AGREEMENT for that PROJECT cannot be terminated until
completion of the construction.
F. In the event that a PROJECT is terminated either party may, upon written notice, take over
the project and prosecute the work to completion by contract or otherwise at their 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 insure a transition of
services without interruption
G. Either party shall have the right to retain copies of all data, information, engineering,
studies, or other items produced to the date of termination.
H. Provisions B through G will survive the termination of this MASTER AGREEMENT
and any SUPPLEMENTAL AGREEMENT 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.
2. FORCE MAJEURE:
Neither COUNTY nor CITY shall be deemed in violation of this Contract if it is prevented
from performing any of its obligations hereunder by reason of, for or through strikes, stoppage
of labor, riot, fire, flood, invasion, insurrection, accident, order of court, judge or civil
authority, an act of God, or any cause reasonably beyond the party's control and not
attributable to its neglect. 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. 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. Each
party shall make all reasonable efforts to mitigate the effects of any suspension.
Article V. INDEMNIFICATION
COUNTY and CITY agree that both COUNTY and CITY 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 under Texas law and without waiving any available
defenses under 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.
MASTER AGREEMENT- 11 / 10/00 5
Article VI. NOTIFICATION
A. When notice is permitted or required by this MASTER AGREEMENT, it shall be in
writing and shall be presumed delivered when delivered in person or three (3) days
subsequent to the date placed, postage prepaid, in the U. S. Mail, Certified or Registered,
Return Receipt Requested and addressed to the parties at the following address.
B. All notices and correspondence to County by City shall be mailed or delivered by hand as
follows:
Dallas County Public Works
Donald R. Holzwarth, P.E., Director
411 Elm Street, Suite 400
Dallas, Texas 75202 -3389
C. All notices and correspondence from County to City shall be mailed or delivered by hand as
follows: [Title of Appropriate City Official]
CITY mmaaCa�R
CZppELL,TEXAS
D. Either party hereto may from time to time designate another and different address for
receipt of notice by giving written notice of such change of address to the other party.
Article VII. CITY COVENANTS AND AGREES AS FOLLOWS:
A. To execute the necessary agreements for the implementation of design and construction of
the PROJECTS mutually agreed upon and incorporated herein by SUPPLEMENTAL
AGREEMENT.
B. Provide City Council Resolution adopting approved preferred alignment, proposed
estimated budget, and commitment to meet PROJECT funding for each milestone as
specified herein or in a SUPPLEMENTAL AGREEMENT.
C. CITY agrees to share the funding of each PROJECT with COUNTY on an equal share
basis (50 %150 %), or as otherwise agreed upon cost sharing arrangement as specified in a
SUPPLEMENTAL AGREEMENT with the following exclusions:
CITY shall bear the entire cost of:
1. CITY owned utilities relocation or adjustment such as water and sanitary sewer
facilities, except utility adjustments directly attributable to storm sewer improvement
conflicts;
2. ROAD or STREET 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;
MASTER AGREEMENT- 11/10/00 6
3. UTILITY BETTERMENTS and ROAD or STREET AMENITIES.
4. CITY PROJECT TEAM participation or project management (if the CITY has
LEAD AGENCY Responsibility) Direct Costs which are not supported by a detailed
hourly accounting system;
5. CITY Indirect Costs.
When mutual written agreement has been reached as to PROJECT limits by COUNTY
and CITY at the Predesign Charrette, City agrees to acquire right -of -way required for
designated projects by voluntary dedication, the subdivision platting process and/or other
legal means, to the maximum extent possible, and to ensure through the building permitting
process that setback requirements are imposed to limit encroachment upon the required
right of way. CITY agrees to fund ROW not acquired but reasonably expected to be. CITY
also agrees to fund the removal of improvements that are encroachments within existing or
proposed right of way areas.
In the event of any proposed use of the PROJECT right -of -way that will conflict with the
proposed PROJECT and CITY is unable to obtain such right -of -way as described above,
CITY shall notify COUNTY of such conflict. COUNTY and CITY 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.
CITY hereby grants the COUNTY authority to enter into eminent domain proceedings
within the city limits on each specific right of way alignment as approved by the CITY and
COUNTY.
D. To require all Utilities located within or using the present public right of way on all
designated transportation projects within CITY's municipal limits to adjust and/or relocate
said Utilities as required by the proposed improvement of the designated transportation
Project. CITY Utilities shall be relocated or adjusted at no cost to COUNTY except as
may be specifically set forth in this MASTER AGREEMENT.
E. CITY agrees 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 cost and delay of PROJECT. Additional PROJECT
cost caused or contributed to by CITY ordinance, zoning, non - conforming use
determination or other requirement shall be paid in full by CITY.
F. CITY 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 right -of -way clear for construction not
later than thirty (30) days prior to the award of the construction contract. CITY will notify
the COUNTY and other STAKEHOLDERS when utility conflicts would impact progress
of the project completion. COUNTY and CITY agree to work in partnership and with all
STAKEHOLDERS to solve the problem to include helping to engage elected officials in
the problem resolution with the goal to prevent delays in the commencement or
prosecution of construction on the PROJECT.
MASTER AGREEMENT- 11/10/00 7
G. Where new storm drainage facilities are in conflict with CITY owned water and sanitary
sewer systems, and the storm sewer design cannot be modified, after submission of an
acceptable schedule of work and cost estimate by the CITY to the COUNTY and COUNTY
approval, the actual costs of the necessary adjustment of CITY water and sewer utilities
shall be pro rated at the overall percentage agreed to by CITY and COUNTY for cost
sharing. CITY shall be responsible for funding one hundred percent (100 %) of any
BETTERMENTS. Except as provided herein, all costs for adjustment and/or relocation of
utilities in the public right of way shall be the responsibility of the Utility Owner or of the
CITY UTILITY. Any PROJECT delay or other damages caused by CITY UTILITY`S
failure to timely relocate or adjust the facility shall be at the entire cost of CITY.
H. To provide for continuing surveillance and control of right of way to prevent the
construction, placement, storage or encroachment of any signs, personal property or other
appurtenances in the right of way. In the event that the aforementioned features are allowed
by CITY to encroach on necessary ROW during the duration of the project, CITY shall bear
the entire cost of removal or relocation of said encroachment.
I. To provide to COUNTY for COUNTY'S or COUNTY'S designee 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 shall furnish COUNTY, at no cost, such documents as necessary to keep all items
previously furnished to County current.
J. Actively participate and provide authorized representation with decision making power at
PREDESIGN CHARRETTE, preconstruction meeting, partnering meetings and project
team meetings which are necessary to project development/completion and fiduciary
relationships.
K. CITY agrees to provide timely review of interim submittals. "Timely review" will be
agreed upon during the PREDESIGN CHARRETTE as a part of the PROJECT schedule.
City further agrees that if no review notes are submitted by CITY in writing to COUNTY
on a timely basis, plans are approved as submitted.
L. City agrees that it will pay all additional project cost for any CITY requested discretionary
change, including, but not limited to STREET AMENITIES AND UTILITY
BETTERMENTS, in or addition to the design or construction of the project subsequent to
the City opportunity to review the sixty five percent (65 %) design plans.
M. Provide at CITY's cost for the continuing maintenance of all PROJECT ROW, such as
mowing, drainage, trash removal, etc., during the period between acquisition and
construction.
MASTER AGREEMENT- 11 / 10/00 8
N. Subsequent to the completion of a PROJECT, that the CITY will be responsible for all
future maintenance, operation and control of the PROJECT, without cost or contribution
from the COUNTY.
O. 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 ROAD OR STREET AMENITIES specified or requested
by CITY in excess of STANDARD BASIC PROJECT DESIGN.
P. It is the intent of this MASTER AGREEMENT that the COUNTY will be the LEAD
AGENCY. In the event that the CITY and COUNTY agree in writing that CITY will
manage and administer one or more PROJECTS, CITY and COUNTY will enter into a
SUPPLEMENTAL AGREEMENT as to that project(s). In such instance, CITY agrees to
assume all LEAD AGENCY responsibilities except as may be set forth in the
SUPPLEMENTAL AGREEMENT as determined by mutual consent.
Article VIII. UTILITY IMPACTS.
A. In cases where a UTILITY IS LOCATED IN A PRIVATELY OWNED RIGHT -OF-
WAY, 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 if acting as
the LEAD AGENCY) will, after submission by utility company of right of way
documentation and cost estimates acceptable to the CITY, 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 RIGHT -OF -WAY, excluding CITY UTILITIES,
occupies any portion of the PROJECT RIGHT -OF -WAY by Texas or Federal Law or by
agreement with the CITY that allows or permits the CITY to cause the relocation of the
utility for the construction of the project, the CITY shall timely require and enforce the
relocation or adjustment requirement at no cost to the project. In the event that the CITY
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 shall take all steps
necessary to insure 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 preliminary engineering shall be submitted to the CITY 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
MASTER AGREEMENT- 11 /10 /00 9
upon design standards as the basis for improvement criteria. Deviations from mutually
agreed upon application of CITY standards and/or design criteria shall require prior
approval of CITY. Where CITY standards do not exist, TxDOT standards as of the
EFFECTIVE DATE of this MASTER AGREEMENT shall be utilized unless otherwise
mutually agreed by SUPPLEMENTAL AGREEMENT.
C. To actively participate and provide authorized representation at PREDESIGN
CHARRETTE , preconstruction meeting, partnering meetings and project team meetings
which are necessary to project development and completion and fiduciary relationships.
D. To provide project management of each Project where County is LEAD AGENCY from
commencement to completion of construction. CITY and COUNTY may further agree by
mutual consent to redefine project management roles as beneficial to the PROJECT as
defined in the MOA and SUPPLEMENTAL AGREEMENTS.
E. Upon receipt of written request detailing the information requested, to provide information
related to the PROJECT to CITY or CITY'S designee at no cost to the CITY.
F. COUNTY agrees to provide timely review of interim submittals and hereby agrees that if
no review notes are submitted by COUNTY (if CITY is filling the role as PROJECT
MANAGER) in writing to CITY, plans are approved as submitted. "Timely review" will
be agreed upon during the PREDESIGN CHARRETTE, as part of the project schedule.
G. To submit final engineering plans for review and written approval by CITY at least thirty
(30) days prior to advertising for construction.
H. To provide for the acquisition, including acquisition by Eminent Domain, of the necessary
additional right of way, on designated projects, in accordance with minimum standard
requirements and utilizing existing public right of way to the maximum extent possible as
a PROJECT cost.
I. To require all contractors to secure all necessary permits required by CITY on said
construction projects.
J. To furnish record drawings of construction plans for the permanent records of CITY within
twelve (12) months upon completion and acceptance of the transportation improvement
PROJECT.
K. In and for Ten Dollars ($10.00) and other good and valuable consideration, including the
future obligation of maintenance, operation, control and acceptance of liability therefor to
transfer, by Quit Claim Deed, all PROJECT related easements acquired by COUNTY to
CITY.
L. In the event COUNTY and CITY agree in writing that CITY will be the LEAD AGENCY
for the agreed upon PROJECT, COUNTY will reimburse CITY for agreed costs as
detailed in Article XI (FUNDING) in an amount not to exceed the PROJECT cost as
approved by Dallas County Commissioners Court and incorporated in the
SUPPLEMENTAL AGREEMENT. All COUNTY payments shall be in accordance with
COUNTY Policies and Procedures or as may be mutually agreed between the parties and
incorporated in a SUPPLEMENTAL AGREEMENT.
MASTER AGREEMENT- 11 /10 /00 10
Article X. PREDESIGN CHARRETTE
A. CITY and COUNTY, as specified in Articles VII and IX, respectively, will designate
officials or representatives to participate in a Predesign Charrette to be conducted on a
mutually agreeable date and location. At least part of this meeting will be conducted on
the PROJECT site.
B. Results from Predesign Charrette will identify the general project scope and the general
preferred alignment of the project, and project administration and management roles, to
include the PROJECT MANAGER. Additionally, key project team participants shall be
identified at the Predesign Charrette .
C. At the conclusion of the Predesign Charrette a SUPPLEMENTAL AGREEMENT shall
be produced which outlines the identified roles and scope for the Project.
Article XI. FUNDING
A. CITY and COUNTY mutually agree to proportionately fund the DIRECT PROJECT &
PROGRAM costs as agreed by the parties in a SUPPLEMENTAL AGREEMENT. Unless
otherwise specified in the SUPPLEMENTAL AGREEMENT, COUNTY shall bear fifty
percent (50 %) of the total DIRECT PROJECT & PROGRAM costs excluding the ROAD OR
STREET AMENITIES, relocation or adjustment of CITY UTILITIES, UTILITY
BETTERMENT, INDIRECT COST, DIRECT COST not supported by detailed hourly
accounting system and other items as specified in this MASTER AGREEMENT or any
SUPPLEMENTAL AGREEMENT. COUNTY shall not be responsible for any amount of
funding in excess of the PROJECT not -to- exceed amount as shown in the PROJECT
SUPPLEMENTAL AGREEMENT. Unless otherwise specified in the SUPPLEMENTAL
AGREEMENT, CITY shall bear fifty percentage (50 %) of all DIRECT PROJECT AND
PROGRAM costs. In addition City agrees to fund all other City cost as provided herein,
including, but not limited to, ROAD OR STREET AMENITIES, relocation or adjustment of
CITY UTILITIES, UTILITY BETTERMENT, INDIRECT COST, DIRECT COST not
supported by detailed hourly accounting system and other items as specified in this MASTER
AGREEMENT or any SUPPLEMENTAL AGREEMENT.
B. Unless otherwise stated in a SUPPLEMENTAL AGREEMENT, the milestones for each project
shall be (1) preliminary and primary design (2) right -of -way 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 insure 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 or in any SUPPLEMENT
AGREEMENT, 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.
MASTER AGREEMENT- 11/10/00 11
C. In the event that the cost of the PROJECT shall exceed the not -to- exceed amount, CITY 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 CITY elects to manage PROJECT, COUNTY will reimburse CITY based on invoices for
actual costs expended in accordance with COUNTY invoicing policy.
E. Upon execution of a SUPPLEMENTAL AGREEMENT, CITY shall escrow an amount
adequate for initial project costs which COUNTY may use to pay for initial professional
services required for scoping, preliminary, and primary design.
Article XII. NO THIRD -PARTY BENEFICIARY ENFORCEMENT.
It is expressly understood and agreed that enforcement of the terms and conditions of this
Agreement and all right of action relating to such enforcement shall be strictly reserved to
CITY and COUNTY and nothing contained in this Agreement shall give or allow any claim or
right of action whatsoever by any other person on this Agreement. It is the express intention of
CITY and the COUNTY that any entity other than CITY or the COUNTY receiving services or
benefits under this agreement shall be deemed an incidental beneficiary only. This Agreement
is intended only to set forth the contractual right and responsibilities of the agreement parties.
Article XII. RIGHT OF ENTRY
The CITY agrees that COUNTY shall have the right to enter upon the PROJECT area for the
time period necessary for the completion of the Project. CITY agrees to furnish such police or
other CITY personnel as requested BY COUNTY for traffic control or other public safety
matters at no cost to the PROJECT or COUNTY.
Article XIV. LIST OF PROJECTS
CITY agrees that it has been furnished with a list of the potential PROJECTS as approved by
the Dallas County Commissioners Courts, subject to the agreement between the parties of a
SUPPLEMENTAL AGREEMENT. CITY 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 is fully aware of the location and type of projects
being considered.
Article XV. MISCELLANEOUS GENERAL PROVISIONS
A. Applicable Law. This Agreement and all matters pertinent thereto shall be construed and
enforced in accordance with the laws of the State of Texas and exclusive venue shall be in
Dallas County, Texas. Notwithstanding anything herein to the contrary, this Agreement is
MASTER AGREEMENT- 11 /10 /00 12
expressly made subject to County's Sovereign Immunity, Title 5 of Texas Civil Practice and
Remedies Code, and all applicable State of Texas and Federal laws.
B. Entire Agreement. This Agreement, constitutes the entire agreement between the parties
hereto and may not be modified except by an instrument in writing executed by the parties
hereto as herein provided.
C. Severability. If any provision of this Agreement shall be held invalid, void or unenforceable,
the remaining provisions hereof shall not be affected or impaired, and such remaining
provisions shall remain in full force and effect.
D. Default/Waiver/Miti2ation. 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 Agreement does not preclude pursuit of other remedies in this Agreement or 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 greater requirement(s) than stated herein, City agrees to timely comply
therewith without additional cost or expense to County.
F. Headings. The titles which are used following the number of each paragraph are only for
convenience in locating various provisions of this AGREEMENT and shall not be deemed to
affect the interpretation or construction of such provision.
G. Number and Gender. Words of any gender used in this 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 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.
MASTER AGREEMENT- 11 /10 /00 13
The City of State of Texas, has executed the Agreement pursuant to dwir
wed -Gity Gexffeil 14eseieft4ef I Minutes Dated the
1ay of 2006.
The County of Dallas, State of Texas, has executed this agreement pursuant to
Commissioners Court Order Number 2001 -814 and passed on the 24thday of April
2001.
CITY OF & PPEL,,�
BY
TFME e ITy A aeirm
ATTE T
CITY SECRE Y \
MASTER AGREEMENT- 11 /10 /00
COUNTY
BY X
COUNTY JUDGE
APPROVED AS TO FORM:
John Dah , Advisory Ch , Civil Section
Dallas Cou ty District A orney
m