􀁾􀀮􀁾 .ADDisoN PUBLIC WORKS DEPARTMENT n Post Office Box 144 Addison, Texas 75001 MEMO (972) 450-2871 16801 Westgrove To: From: Chris Terry Mike Murphy Date: February 28, 2001 Re: Interlocal
Agreement With Dallas County For Improvements to Keller Springs Road Attached is an Interlocal Agreement between Dallas County and the Town ofAddison for pavement improvements to Keller
Springs Road from Addison Road to Dallas Parkway. Deterioration ofthis section ofroadway was accelerated by the construction ofthe Toll Tunnel. Dallas County will rotom.ill approximately
13,700 square yards ofexisting asphalt to a depth of one and one half inches. The County will apply a pavement sealer and thin course ofgravel to reduce reflective cracking, to be followed
by a two-inch thick overlay ofnew asphalt laid in place by the County's annual contractor. This project is estimated to cost $106,069 (see Exhibit "A" of attached agreement). Because
Keller Springs Road is classified as a County Type ''B'' road, Dallas County will fund 50% ($53,034.50) ofthis overlay project. The Town's portion will be funded from the Street Operations
Budget. After resurfacing, the Street Division will contract for the replacement ofthe pavement markings ($20,000) and traffic signal loops ($6,000). These funds are also available in
the Street Operations Budget. Staffrecommends approval ofthis agreement and the expenditure of $53,034.50.
STATE OF TEXAS § COUNTY OF DALLAS § INTERLOCAL AGREEMENT BETWEEN DALLAS COUNTY AND TOWN OF ADDISON FOR KELLER SPRINGS ROAD FROM ADDISON ROAD TO DALLAS PARKWAY WHERE AS, the Town of Addison,
Texas, hereinafter called "Town", and the County of Dallas, Texas, hereinafter called "County", desire to enter into an interlocal agreement for the purpose of improving Keller Springs
Road, as further described by Exhibit "A"; and, WHERE AS, Chapter 791 of the Texas Government Code, as amended, provides authorization for local governments to enter into interlocal
contracts; NOW THEREFORE, THIS AGREEMENT is hereby made and entered into by Town and County for the mutual consideration stated herein: WITNESSETH I. Town has requested and County agrees
to participate in improvements to Keller Springs Road beginning at Addison Road and ending at Dallas Parkway, hereinafter called the "Project", as further described in Exhibit "A" attached
hereto and incorporated herein for all purposes. The Project is classified as a County Type "B" road project. ll. County agrees to furnish materials, labor and equipmentnecessary and
to performthe Project construction at a cost not to exceed $106,069.00, hereinafter called the "Not to Exceed Amount". All expenditures by the County for the performance ofthese governmental
functions ofimproving this street shall be made from current revenues available to the County of Dallas. Ill. Town agrees to pay to County the sum of $53,034.50 as Town's portion of
the cost of the Project. Such amountwill be deposited with County prior to the commencementofconstruction and County is authorized to expendsuch amount for periodic payments ofProject
cost. All expenditures by the Town for the performance ofthese governmental functions of improving this street shall be made from current revenues available to the Town of Addison. The
Town agrees that these payments are a fair compensation for the services and functions performed under this agreement.
IV. Townagrees to accomplishthe following items, ifrequiredby the project, in atimely manner to insure that such items will not delay the County construction schedule; (1) inform the
public of the proposed reconstruction ofthe Project; (2) locate all manholes, water valves, and other utilities within the Project; and (3) make or cause to be made all utilityrelocations
or adjustments necessary for the Project at no cost to County. V. In the event that the cost ofthe Project shall exceed the Not to Exceed Amount, Town and County agree to either reduce
the scope ofconstruction or seek additional funding to complete the project. At the termination ofthe Project, County will do a final cost accounting ofthe Project. In the event that
the amount paid by Town exceeds the actual cost, the difference will be remitted to Town. In the event that additional funds are due, County will bill Town who agrees to pay such funds
within thirty (30) days ofreceipt of such billing. VI. The term of this agreement shall be from the date of the last signature approving the agreement until the completion of the Project
and final payment as provided herein. VII. The Town agrees that County shall have the right to enter upon the Project area for the time period necessary for the completion ofthe Project.
Town agrees to furnish such police personnel as requested by County for traffic control or other public safety matters at no cost to County. VITI. The County agrees to be responsible
for any liability or damages the County may suffer as a result ofclaims, demands, costs orjudgments, including all reasonable attorneys fees, against the County, including workers compensation
claims, arising out ofthe performance ofthe construction and services under this agreement, or arising from any accident, injury or damage, whatsoever, to any person or persons, or to
the property of any person(s) or cOtporation(s) occurring during the performance ofthis agreement and caused by the sole negligence ofthe County, its agents, officers and/or employees.
IX. The Town agrees to be responsible for any liability or damages the Town may suffer as a result ofclaims, demands, costs orjudgments, includingreasonable attorneys fees, againstthe
Town, including workers compensation claims, arising out of the performance of the construction and services under this 􀁡􀁧􀁲􀁥􀁥􀁭􀁥􀁮􀁴􀁾 or arising from any accident, injury or damage,
whatsoever, to any person or persons, or to the property of any person(s) or corporations(s) occurring during the performance of the agreement and caused by the sole negligence of the
Town, its agents, officers and/or employees. X. Town and County agree that any liability or damages as stated above occurring during the performance of this agreement caused by the joint
or comparative negligence of their employees,
agents and officers shall be detemrined in accordance with the comparative responsibility laws of the State of Texas. XI. Town and County agree that County's obligation to perfonn the
Project construction is contingentuponthereceiptofTown'spaymentof$53,034.50andnoconstructionontheProjectwill commence prior to the receipt by County ofsuch payment. XII. This Agreement
shall be expressly subject to the sovereign immunity of County and the governmental immunity of Town, Title 5 of the Texas Civil Practice and Remedies Code, as amended, and all applicable
federal and state law. This Agreement shall be governed by and construed in accordance with the laws and case decisions ofthe State ofTexas. Exclusive venue for any legal action regarding
this Agreementfiled by eitherTown or County shall be in Dallas County, Texas. The Town of Addison, State of Texas, has executed the Agreement pursuant to duly authorized Town Council
Resolution , Minutes Dated the day of , 2001. The County of Dallas, State of Texas, has executed this agreement pursuant to Commissioners Court Order Number and passed on the__day of
􀁾 2001. TOWN OF ADDISON BY _ ATTEST _ CITY SECRETARY \ ATTORNEY COUNTY OF DALLAS BY _ LEE JACKSON, COUNTY JUDGE APPROVED AS TO FORM 􀁾􀁾􀁬􀀯􀁾􀀺􀁳􀁾 Dallas County District Attorney
J Exhibit "A" TheTownofAddisonhas requested the County's participation intheimprovementofKellerSprings Road, from Addison Road to Dallas Parkway, consisting ofthe following operations:
Scope: Keller Springs Rd. (Addison Road to Dallas Parkway) 13,700 SY Materials: H.M.A.C. 2" Type "D" Ton Mile Haul Grade #4 Chat CRS-2P LaborlEquipment: Milling and Removal CRS-2P Application
Traffic Control: Lane Tabs Sub Total: Contingence: Total Cost: Total Cost To Town Total Cost To County 1507 Tons 1507 X 11 178 Tons 4247 Gal. 13,700 SY 13,700 SY 10 Days 1,000 @@@@@@@@@$32.50
$ .30 $ 9.00 $ 1.35 $ 1.50 $ .70 $375.00 $ 1.25 10% $ 48,978.00 $ 4,973.00 $ 1,602.00 $ 5,733.00 $ 20,550.00 $ 9,590.00 $ 3,750.00 $ 1,250.00 $ 96,426.00 $ 9,643.00 $106,069.00 $ 53,034.50
$ 53,034.50 Cost Per Square Yard $ 7.74 The County agrees to rotomill approximately 13,700 square yards ofexisting asphalt on the street mentioned above to a depth of 1.5". This includes
milling, hauling, detailing, and sweeping, at an estimated cost of $1.50 per square yard for a total cost of $20,550. The County will sell the reclaimed asphalt pavement (RAP) material
to the County's contractor for the highest bid per ton. This money will be deducted from the total project costs, but there will be a 15.5% administrative fee added to the project costs
to coverthis service. The County will furnish the Town an accounting ofthe RAP material sold. In the event the County is unsuccessful in securing a contractor due to the lack ofmarketability
ofthe RAP material and/or the County's contractor rejects the RAP material due to contamination, the County will dispose ofthe material at Town's request.
The County agrees to apply a seal coat using CRS-2P emulsion with Grade #4 Chat at an estimated cost of$16,925. The County will provide for the overlay of the project with 2" of Type
"D" hot mix asphaltic concrete (HMAC), to be laid in place by the County's annual contractor, at an estimated cost of $53,951. The County will provide for traffic control, including
temporary lane tabs, through its contractor, at an estimated cost of $5,000. In addition, a 10% contingency, or $9,643, has been included in the project estimate to provide for unanticipated
conditions. The Town will pay 50% of the total estimated project costs, $53,034.50 to the County prior to approval of the Interlocal Agreement by the Commissioners Court.