Number 31STATE OF TEXAS §
COUNTY OF DALLAS §
PROJECT SPECIFIC AGREEMENT
RE: ASPHALT RECONSTRUCTION ON THE 330 BLOCK OF N. DENTON
TAP RD., 850 BLOCK OF GATEWAY BLVD. AND 660 BLOCK OF FRITZ
RD, AND DRAINAGE IMPROVEMENTS ON 820 BLOCK OF S. COPPELL
RD., ALL "TYPE E" ROADWAY PROJECTS - MADE PURSUANT TO
DALLAS COUNTY'S MASTER ROAD & BRIDGE INTERLOCAL
MAINTENANCE AGREEMENT WITH 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
undertaken at 330 N. Denton Tap Rd., 850 Gateway Blvd, 660 Fritz Rd, and 821 S. Coppell Rd.,
City of Coppell, Texas ( "Project ").
WHEREAS, Chapter 791 of the Texas Government Code and Chapter 261 of the Texas
Transportation Code provides authorization for local governments to contract amongst themselves
for the performance of governmental functions and services;
WHEREAS, on or about 2014, County and City entered into a
Master Interlocal Agreement ( "Agreement "), whereby County agreed to provide road and bridge
maintenance and repair on "Type E" roadways, situated within the territorial limits and jurisdiction
of City, such maintenance to be fully funded and paid for at City's costs and expense; and
WHEREAS, City now desires County to perform such maintenance and repairs, consisting
of asphalt overlays at 330 N. Denton Tap Rd., 850 Gateway Blvd. and 660 Fritz Rd, and drainage
improvements at 821 S. Coppell Rd., in City of Coppell, Texas, as more fully described on
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
Proiect 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
PSA- CITY OF COPPELL, TEXAS (N. DENTON TAP RD.) (2014)
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. ,
dated , 2014, and additions thereto as incorporated herein,
2. The Construction Estimate (Attachment "A "), and
3. Map/Diagram of the Proposed Work Sites, (Attachment `B ").
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
City or upon the terms and conditions in the Master Agreement.
Article IV
Proiect Description
This PSA is entered into by the parties for repair, maintenance and improvements conducted
on "Type E" public roadway within the City Coppell, Texas. The Project shall consist of asphalt
overlays at 330 N. Denton Tap Rd.,850 Gateway Blvd. and 660 Fritz Rd., and drainage
improvements at 821 S. Coppell Rd., within the City of Coppell, Texas, (hereinafter collectively
referred to as "Project "), and 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.
Article V
Fiscal Funding
Notwithstanding anything to the contrary herein, this PSA is expressly contingent upon City's
ability to fund each and every funding obligation contained herein from funds currently available to
City as required by Chapter 791, Texas Government Code. City shall have no right of action or
claim against the County as regards any funding obligations of the Project.
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
PSA- CITY OF COPPELL, TEXAS (N. DENTON TAP RD.) (2014) 2
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 shall be responsible for maintaining the Project site once the project is
completed.
III. County Responsibilities:
County shall be responsible for performing all maintenance responsibilities and
services contemplated hereunder, as more fully set forth in Attachment "A ", in a
good and workmanlike manner.
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 County, and before commencement of the Project by County, City
shall segregate, set aside and place into an escrow account with the Dallas County
Treasurer, Eight -three Thousand Three Hundred Seventy -six Dollars and Forty cents
($83,376.40), representing the full amount to be paid to County either through
monthly invoicing or upon completion of the Project.
Article VII
Miscellaneous:
I. 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.
II. 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.
III. 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
PSA- CITY OF COPPELL, TEXAS (N. DENTON TAP RD.) (2014)
e -mail, or via certified mail, postage prepaid, return receipt requested to the respective parties as
follows:
COUNTY:
Director of Public Works
Dallas County
411 Elm Street, Suite 400
Dallas, Texas 75202
CITY:
City Manager
City of Coppell, Texas
P.O. Box 9478
Coppell, Texas 75019
Commissioner Mike Cantrell
and Dallas County Commissioner, District #2
411 Elm Street, Second Floor
Richardson, Texas 75202
W. Assignment. This PSA may not be assigned or transferred by either party without the prior
written consent of the other parry.
V. 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.
VI. Amendment. This PSA may not be amended except in a written instrument specifically referring
to this PSA and signed by the parties hereto.
VII. 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.
VIII. 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.
IX. Entire Agreement. This PSA embodies the complete agreement of the parties, and except where
noted, it shall supersedes previous and/or contemporary agreements, oral or written, between the
parties and relating to matters in the PSA.
X. 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.
The City of Coppell, State of Texas, has executed thie Agreement ursuant to duly authorized
City Council Action approved/passed on the day of , 2014.
PSA- CITY OF COPPELL, TEXAS (N. DENTON TAP RD.) (2014) 4
The County of Dallas, State of Texas, has executed this agreement pursuant to Commissioners Court
Order Number and passed on the day of
Executed this the day of Executed this the day of
, 2014. , 2014.
CITY QF COPPELL: COUNTY OF DALLAS:
�,� J,h1 1
MAYOR
• "'1 11 1 1'
Robert E. fidgar,
City Attorney
CLAY LEWIS JENKINS
COUNTY JUDGE
2014.
APPROVED AS TO FORM:
CRAIG WATKINS
DISTRICT ATTORNEY
TERESA GUERRA SNELSON
CHIEF, CIVIL DIVISION
Paul E. Hamilton
Assistant District Attorney
"By law, the District Attorneys 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, TEXAS (N. DENTON TAP RD.) (2014)
5
Construction Estimate
DALLAS COUNTY DISTRICT 4
Dr. Elba Garcia Commissioner
Attachment " A "
FOR
E Streets
HR. DAY
COST PER HR.
NO.WWD
CITY OF
Coppell
93
$32.00
6
$17,856.00
DATE
1/6/2014
HR. DAY
COST PER HR.
NO.WWD
TYPE
E
125
$25.00
6
$18,750.00
LIMITS
See Below
Total Equip & Labor:
$36,606.00
Total Project Estimate
Materials
$46,770.40
$83,376.40
PREPARED BY
Eq. & Labor
$36,606.00
EST. W.W.D.
6
Moises Ibarra
Tot Project
$83,376.40
S.Y. COST
$14.11
DISTRICT 4
LENGTH/LF.
S.Y.
I.D. NUMBER
MILES
COST PER MILE
1720
TO
5,909
2013 -14 -3
0.32575758
$341,911.91
MATERIALS
LBS. /SY.
QUANTITY
UNITS
UNIT COST
Totals
Traffic Control
1
5,909
Sy
$0.45
$2,659.00
RAP
220
650
Ton
$7.50
$4,874.83
P.H.P.M.50
015
886
Gal
$4.78
$4,236.67
H.M.A.0 (TY D)
220
650
Ton
$50.00
$32,498.89
10" Rock
100
Ton
$25.01
$2,501.0 0
$46,770.40
EQUIPMENT
HOURS
HR. DAY
COST PER HR.
NO.WWD
558
93
$32.00
6
$17,856.00
LABOR
HOURS
HR. DAY
COST PER HR.
NO.WWD
750
125
$25.00
6
$18,750.00
Total Equip & Labor:
$36,606.00
Total Project Estimate
$83,376.40
PREPARED BY
Moises Ibarra
DISTRICT 4
STREET NAME
FROM
TO
LENGTH
WIDTH
SY
Denton Tap
Parkway Blvd
Spur 553
110
70
856
Gateway Blvd
Royal Lane
Fritz
890
36
3,560
Fritz
Concrete
Concrete
420
32
1.493
Total
1,720
5,909
Culvert/Drainage
300" S of Coppell Rd
Coppell Rd
300
24
800
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