Proposed 5 yr road & bridge maintenance p�,(giiTY
10 , C DALLAS COUNTY
• ' �' ' '1' - PUBLIC WORKS
v4 of W-1*
March 20, 2013
Mr. Ken Griffin, P.E.
Public Works Director
City of Coppell
PO Box 9478
Coppell, Texas 75019
Re: Dallas County Master Interlocal Agreement Governing Co-Sponsored and/or
Co-Funded Road & Bridge Maintenance Projects
Dear Mr. Griffin:
Dallas County has recently initiated efforts to standardize our approach to documenting road and
bridge maintenance agreements affecting projects co-sponsored and/or funded with the various
municipalities making up the county. In this regard, we have formulated the attached proposed
Master Interlocal Agreement which sets out our respective responsibilities, obligations and
expectations when undertaking qualified road maintenance activities.
It is our desire to execute this five-year agreement with each municipal entity making up the
County, such that when evaluating joint road maintenance project proposals going forward, we
are able to expeditiously consider same, and to execute simplified agreements addressing the
parameters thereof. It is vitally important that we have such master interlocal agreements in
place to facilitate timely action, when required. I ask that you review and consider the proposed
agreement attached. Provided it meets with your approval, I further ask that you present same to
your local governing body for its consideration and adoption. Once approved by your local
governing bodies, please return to my attention for further handling before the Dallas County
Commissioners Court.
I am certain that the processes that we are attempting to establish will better serve our mutual
interests in orderly and timely facilitating our joint road maintenance projects. We appreciate
your timely consideration and handling of this matter. Should you have questions, comments or
concerns, please contact Ms. Antoinette Bacchus, P.E., Assistant Director of Public Works, at
214-653-7151 or via email at Antoinette.Bacchus @dallascounty.org.
Sincerely,
' L. Blair, P.E.
Director of Public Works
411 Elm St., 4th Floor Dallas, Texas 75202 (214)653-7151
Attachment(Master Road& Bridge Interlocal Agreement)
cc: Glen Hollowell, P.E.,Assistant Director of Public Works
Keith Marvin,Project Engineer
Antoinette Bacchus, P.E.,Assistant Director of Public Works
Mike Cantrell, Commissioner, Road and Bridge District 2
Traci Enna, Executive Assistant,Road and Bridge District 2
Bennie Lay, Road and Bridge Superintendent, District 2
Paul E. Hamilton,Assistant District Attorney
411 Elm St.,4th Floor Dallas, Texas 75202 (214)653-7151
STATE OF TEXAS §
COUNTY OF DALLAS §
MASTER INTERLOCAL AGREEMENT BETWEEN DALLAS COUNTY
AND THE CITY OF , TEXAS, PERTAINING TO TRANSPORTATION-
RELATED MAINTENANCE ON OR ABOUT CERTAIN DESIGNATED ROADWAYS
SITUATED WITHIN THE TERRITORIAL LIMITS OF THE CITY OF
WHEREAS, This Master Interlocal Agreement ("Agreement") is entered into by the authority of
Chapter 791 of the Texas Government Code and Chapter 251 of the Texas Transportation Code to
provide authorization for local governments to contract amongst themselves for the performance of
governmental functions and services;
WHEREAS, On occasion, the County of Dallas, Texas, hereinafter called "County", and the
City of , Texas, hereinafter called "City", desire to enter into an Interlocal
Agreement for the purpose of City retaining and authorizing County, through its Road & Bridge
forces, to maintain various "Type E" Roadways, situated wholly within the territorial limits of
City; and
WHEREAS, "Type E" Roadway Projects shall be defined as improvements and maintenance of
streets, alleys, roads, bridges and drainage facilities for a local governmental entity as defined
under V.T.C.A., Government Code, Chap. 791. Dallas County Code, Sec. 102-3(5). and,
WHEREAS, On occasion, the County and City desire to enter into an Interlocal Agreement for
the purpose of jointly coordinating, facilitating and/or funding maintenance activity on certain
duly qualified "Type B" Roadways, also situated wholly within the territorial limits of City; and
WHEREAS, "Type B" Roadway Projects shall be defined as improvements and maintenance of
thoroughfares and bridges of major cross-county importance which are either existing or
proposed. The Regional Thoroughfare Plan for North Central Texas Council of Governments
shall be used as a guide to determine which thoroughfares are of major cross-county importance.
Dallas County Code, Sec. 102-3(2), and,
WHEREAS, On occasion, the County and City desire to enter into an Interlocal Agreement for
purpose of City authorizing and retaining County, through its Road & Bridge forces, to perform
minor transportation-related maintenance services, including but not limited to pothole repair,
cleaning and clearing of drainage culverts, roadway debris removal, and the like, which services
MASTER ROAD&BRIDGE ILA(2013)-DALLAS COUNTY,TEXAS 1
do not fall squarely within the purview of "Type E" or "Type B" Roadway Projects, such
projects to be performed on or about public roadways and alleyways situated wholly within the
territorial limits of City; and
WHEREAS, This collaboration between County and City is consistent with Strategy 4.2 of the
Dallas County's Strategic Plan in that it fosters partnership between County and local cities therein
on local transportation projects;
NOW THEREFORE, THIS AGREEMENT is hereby made and entered into between County
and City for the mutual consideration stated herein:
I. PURPOSE
City has requested in the past, and will likely request in the foreseeable future (1) that County
participate in the funding only of, certain roadway maintenance projects ("projects") on City's
street system, which projects shall be duly qualified "Type B" Roadway Projects, (2) that County
provide certain roadway maintenance services on City's street system, which projects shall be
duly qualified "Type B" or "Type E" Roadway Projects, or (3) that County, through its Road &
Bridge forces, perform certain minor transportation-related maintenance services on or about
City's streets and alleyways which do not fall squarely within the collaborations contemplated by
either of the aforementioned. The terms and conditions set forth herein provide the cooperative
framework for County and City to jointly undertake one or more of these transportation-related
maintenance projects on or about public roadways situated wholly within the incorporated and
territorial jurisdiction of the City, said roadway being of significance to Dallas County.
Each roadway maintenance project commenced hereunder shall be fully and specifically set forth
and described in a separate Project Specific Agreement ("PSA"), and shall be approved by
specific order of the Dallas County Commissioners Court, as well as the governing body of City.
Projects considered hereunder that are neither Type B, C or E roadway maintenance or
improvements, as those type project are defined by Dallas County Code, Sec 102-3, and that do
not exceed the amount of$25,000 may be approved by the Directors of Public Works, for each
respective entity, and shall be binding on the entities just as if approved by the governing bodies.
Projects undertaken pursuant to this Agreement are for the benefit of the City and County, and
not the purposeful benefit of any third parties. It is the express intention of City and County that
any person or entity, other than City or County, receiving services or benefits hereunder shall be
deemed incidental beneficiaries only.
Nothing herein shall be construed so as to prevent County and City from collaborating and
working jointly, without prior and formal approval of their respective governing bodies, in cases
of national, state or local emergencies or natural disasters.
MASTER ILA(ROAD&BRIDGE)-DALLAS COUNTY,TEXAS 2
II. CITY'S CONTRIBUTION
For duly qualified "Type B" Roadway Projects contemplated hereunder, City shall be
responsible for the total funding and payment for the roadway maintenance services, less any
amounts contributed by County, which contributions, if any, may not exceed fifty percent (50%)
of the total project costs, and may be made through commitment of County's financial resources
or in-kind services, i.e. use of County's labor, equipment and/or materials.
For all other projects contemplated hereunder, City shall be responsible for one hundred percent
(100%) of the funding for services provided in whole or in part through use of County Road &
Bridge personnel, equipment and/or materials.
All expenditures herein undertaken by City or County for the performance of these government
functions shall be made from current revenues available to them.
III. CITY'S OBLIGATIONS
Prior to the commencement of any project hereunder, City shall clearly detail the location, scope
and nature of the services it desires performed, whether by County or a third party. Should City
desire that County, through deployment of its Road & Bridge workforces, perform such services,
County shall prepare a written and detailed proposal for City's consideration and approval,
indicating all work to be performed by County, and at what costs and expense to City. Should
City desire that roadway maintenance be performed by a third party, City shall prepared a written
and detailed proposal for County's consideration and approval, again indicating all work to be
performed by the third party, and at what expense to City and County.
Before any such work commences, City and County must have a clear and mutual understanding
of the scope of services to be provided and the costs associated with each such project. Said
mutual understanding shall be evidenced by supplemental documentation, i.e. project specific
proposals, which shall only be binding once approved by County and the governing body of
City. Said proposals, if approved, shall be confirmed in writing, which shall be considered
supplemental hereto.
For all projects wherein the County is obligated to provide maintenance and/or services,
immediately upon County's commencement of work duly authorized by them, City shall set
aside, segregate and escrow for County's benefit, the full agreed amounts for costs and expenses
for each project undertaken. County may elect to bill against segregated funds on a monthly
basis for services performed during the course of the month, or it may bill against the segregated
funds in full once a project is completed. In either event, County shall be paid promptly, and in
MASTER ILA(ROAD&BRIDGE)-DALLAS COUNTY,TEXAS 3
full once the project is completed.
Where required by nature of the projects undertaken, City, at its own expense, shall be
responsible for the following: (1) informing the public of the proposed maintenance or
construction activity, (2) acquiring any right-of-way necessary to complete the project under
consideration, (3) locating all manholes, water valves, and other utilities within the project, (4)
making all utility relocations or adjustments necessary for the project, (5) remediation of any
hazardous or regulated materials, or other environmental hazard on or near the project site, and
(6) 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. City agrees to accomplish these
functions, if required by projects under consideration, in a timely and efficient manner to insure
that such activity will not delay the County's timely performance of its maintenance activities.
City agrees to permit County, at County's expense, to conduct routine special studies of traffic
conditions within City, which studies might include traffic counts, measurements of speeds,
delays, congestion, and the like.
IV. COUNTY'S CONTRIBUTION
For all projects contemplated hereunder, County shall contribute as follows:
1. For all duly qualified"Type B"Roadway Projects, County shall contribute an amount not
to exceed fifty percent (50%), which contribution may be made through pledge and
commitment of County Road and Bridge funds, use of County Road and Bridge
personnel and/or equipment, or a combination of the two, and
2. For all other duly qualified projects, County's contribution hereunder shall be limited
solely to supplying labor, materials and/or equipment necessary to provide roadway
maintenance services, all of which shall be provided at City's, or another funding
source's expense.
V. COUNTY'S OBLIGATIONS
County shall not undertake performance of any project hereunder, until such time as same has
been specifically approved per the protocol set forth in Section I, above. Once so approved, if
called upon to do so, County shall perform all services contemplated hereunder in a timely, good
and workmanlike manner, consistent with professional industry standards. Further, County shall
not assign its rights, or delegate its duties and obligations hereunder to any third party without
prior written approval of City. Nothing herein shall be construed to prohibit County from using
subcontractors, where reasonably necessary, to aid in the completion of projects.
MASTER ILA(ROAD&BRIDGE)-DALLAS COUNTY,TEXAS 4
Should County, in executing any project contemplated hereunder, encounter adverse conditions
unforeseen by City or County, County shall immediately bring same to attention of City, and
await direction and guidance from City on resolution of same. Where reasonably required by
nature of the unknown condition, County may cease performance hereunder until such time as
adverse conditions are rectified or remedied by City, and such delay shall not constitute a
material breach of this Agreement.
VI. TERM
The initial term of this Agreement shall be from the date of last execution by any required
signatory party hereto until December 31, 2017. However, either party hereto, shall have the
absolute right to terminate this Agreement, without cause, at any time, upon providing sixty (60)
days written notice to the other party. If necessary, notice of termination shall be tendered
consistent with the notice provisions and protocol stated below.
VII. LIABILITY
Nothing stated herein shall be construed as a waiver of all the protections afforded County
as a sovereign governmental unit. To the extent afforded by Texas Tort Claims Act,
County shall be responsible only for claims, demands, judgments and the like attributable
to the sole acts and omissions of its agents, officers and/or employees. County assumes no
liability or responsibility for the acts and omissions of City, their employees, agents, officers
or others working through them in any capacity.
Nothing stated herein shall be construed as a waiver of all the protections afforded City as
a sovereign governmental unit. To the extent afforded by the Texas Tort Claims Act, City
shall be responsible only for claims, demands, judgments and the like attributable to the
sole acts and omissions of its agents, officers and/or employees. City assumes no liability or
responsibility for the acts and omissions of County, their employees, agents, officers or
others working through them in any capacity.
VIII. MISCELLANEOUS PROVISIONS
A. Entire Agreement. This Agreement and any attachments hereto sets forth the entire
agreement between the parties respecting the subject matter contained herein, and supersedes all
prior and contemporaneous understandings and agreements, whether oral or in writing, between
the parties respecting the same.
MASTER ILA(ROAD&BRIDGE)-DALLAS COUNTY,TEXAS 5
B. Severability. If any term, covenant, condition or provision of this Agreement shall be
declared invalid by a tribunal of competent jurisdiction, the remaining terms, covenants,
conditions, and provisions shall remain in full force and effect, and shall in no way be affected,
impaired or invalidated thereby.
C. Not an Agent. County and City mutually agree that neither entity acting hereunder shall
be considered an agent of the other, and that each entity is responsible, if at all, for its own acts,
forbearance, and deeds.
D. Venue. This Agreement and all matters pertinent thereto shall be construed and enforced
in accordance with the laws of the State of Texas and venue shall lie exclusively in Dallas
County, Texas.
E. Amendment. This Agreement may be supplemented and/or amended at any time
through the mutual consent of both County and City, so long as all amendments, changes,
revisions, and discharges of this Agreement, in whole or in part, are reduced to writing and
executed by the parties thereto.
F. Notice. All notices, requests, demands, and other communication under this Agreement
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:
COUNTY:
Director of Public Works Commissioner
Dallas County and Dallas County Commissioner, District #_
411 Elm Street, Fourth Floor 411 Elm Street, Second Floor
Dallas, Texas 75202 Dallas, Texas 75202
CITY:
City Designee
G. 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.
H. Headings. The headings and titles used herein are for sake of convenience only, and not
intended to affect the interpretation or construction of such provisions.
MASTER ILA(ROAD&BRIDGE)-DALLAS COUNTY,TEXAS 6
I. Contingent. This Agreement is expressly contingent upon formal approval by the Dallas
County Commissioners Court and the governing body of the City of , Texas.
The City of , State of Texas, has executed the Agreement pursuant to duly
authorized City Council Action on the day of , 2013.
The County of Dallas, State of Texas, has executed this agreement pursuant to Commissioners
Court Order Number and passed on the day of , 2013.
Executed this the day of Executed this the day of
, 2013. , 2013.
CITY OF • COUNTY OF DALLAS:
CLAY LEWIS JENKINS
MAYOR COUNTY JUDGE
ATTEST: APPROVED AS TO FORM:
CRAIG WATKINS
DISTRICT ATTORNEY
CITY SECRETARY
TERESA GUERRA SNELSON
CHIEF, CIVIL DIVISION
APPROVED AS TO FORM:
Paul E. Hamilton
., City Attorney 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).
MASTER ILA(ROAD&BRIDGE)—DALLAS COUNTY,TEXAS 7