--C") 􀁾􀁦􀀠 􀁾􀀠 N 10 I'􀁾􀁾􀀠 ci 􀁜􀁊􀁾􀀠 z 􀁾􀁨􀀭 􀁾􀁾􀀠 􀁾􀀤􀀠 ® 􀁾􀀠 􀁾􀀠 􀁾􀀠 􀁾􀀠􀁾􀀠 􀁾􀀠 . \J t C )..j 􀁾􀀠 􀁾􀀠 􀁾􀀠 􀁾􀁾􀀠 􀁾􀀠 -Ja:; a 􀁾􀀢\J I Steve Chutchian From: Jim Pierce Sent: Monday, November 20, 20004:20 PM To: Steve Chutchian Cc: Michael Murphy; Chris Terry Subject: FW: Approved Master ILA for County CIP CIP lLA, VOffiion 13 NOV. APPRO..• Steve: Please add this to your project list. We had two projects approved by Dallas County as a result of their call for projects. 1. Arapaho Rd. Phase III -$1.4 million in FY2007 2. Midway Rd. Signal Re-timing -$196K in Fy 2005 We need to get the agreement in Ken Dippel's hands for review. At the same time, we should review. will give you some more info about this. Jim. -----Origina1 Message----From: Donald Holzwarth [mailto:DHolzwarth@dallascounty.org] Sent: Wednesday, November 15, 2000 4:14 PM To: jcosby@airmail.net; Jim.Sparks@cedarhilltx.com; Jpierce@ci.addison.tx.us; mmurphy@ci.addison.tx.us; 􀁎􀁣􀁬􀁩􀁮􀁥􀁀􀁣􀁩􀁾􀁣􀁡􀁲􀁲􀁯􀁬􀁬􀁴􀁯􀁮􀀮􀁴􀁸􀀮􀁵􀁳􀀻􀀠 􀁒􀁷􀁡􀁬􀁨􀁯􀁯􀁤􀁀􀁣􀁩􀁾􀁣􀁡􀁲􀁲􀁯􀁬􀀱􀁴􀁯􀁮􀀮􀁴􀁸􀀮􀁵􀁳􀀻􀀠 Sjenkins@ci.carrollton.tx.us; Kgriffin@ci.coppell.tx.us; ddybala@ci.dallas.tx.us; pbaugh@ci.desoto.tx.us; tjohnson@ci.ciesoto.tx.us; dschwartz@ci.duncanville.tx.us; Davisd@ci.farmers-branch.tx.us; MURAWSKJ@ci.farmers-pranch.tx.us; Jbaker@ci.garland.tx.us; Rwunderlich@ci.garland.tx.us; Jmcmeans@ci.qrand-prairie.tx.usl rlarkins@ci.grand-prairie.tx.us; tturnulty@ci.mesquite.tx.us; Jgodwin@ci.rowlett.tx.us; George hurnan@cor.gov; henry.drexel@cor.gov; Walter ragsdale@cor.gov; jangel@irving.lib.tx.us; Jeline@irving.lib.tx.us; Publicworksinspector@townofsunnyvale.org; townmanager@townofsunnyvale.org Cc: discodad@aol.com; ABacchus@dallascounty.org; ARobinson@dallascounty.org; BWeems@dallascounty.org; CMarek@dallascounty.org; Dcranford@dallascounty.org; DDavidson@dallascounty.org; ENgwa@dallascounty.org; IHicks@dallascounty.org; JCantwell@dallascounty.org; JHedge@dallascounty.org; JMears@dallascounty.org; JNorrnan@dallascounty.org; LFisher@dallascounty.org; MAIN.SWilson@dallascounty.org; NNew@dallascounty.org; SCamarillo@dallascounty.org; SHorner@dallascounty.org; CON INSP@HOTMAIL.com Subject: Approved Master ILA for County ClP Dear Dallas County Parters: Attached is the version of the Master lLA that was approved by the Commissioners Court on Tuesday, 14 November. We will also send it to you with cover letter by regUlar mail also. PIs go ahead and start coordination for approval by your City, since this approval is the first step in our getting off to a fast start. We have Kick-off meetings already scheduled (or conducted) with all of you, and the Project Specific Agreements will flow out of that meeting and the Predesign Charrette. 1 As you will see, we used your input from the Partnering Meeting on 13 October, and have tried really hard to compose an agreement that reflects partnering principles in a 50%--50% cost sharing environment. The document is intended to reflect sound Project Management principles throughout. PIs let me know if you have any questions or there is anything we can do to help you get it signed from your side. Don Holzwarth 2 TOWN OF ADDIsoN To: Ms. Angela Washington Company:Cowles & Thompson FAX #: 214-672-2344 Date: 11/21100 # of pages (including cover): 17 PUBLIC WORKS From: Steven Z. Chutchian, P.E. Assistant City Engineer Phone: 972/450-2886 FAX: 972/450-2837 scb utcb ian@ci.addison.tx.us 16801 Westgrove P.O.Box 9010 Addison, TX 75001-9010 Re: Dallas County Capital Improvement Projects D Original in mail [J Per your request DFYI D CaUme Proposed Master Agreement Governing Transportation Major Capital Improvement Projects STATE OF TEXAS § COUNTY OF DALLAS § MASTER AGREEMENT GOVERNING TRANSPORTATION MAJOR CAPITAL IMPROVEMENT PROJECTS Tms MASTER AGREEMENT is made by and between the City of , Texas, hereinafter calJed "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 Reginnal . Thoroughfare Plan. WITNESSETH WHEREAS, pursua:qt 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 of2006 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 interldcal agreements; and , '. , NOW THEREFORE, TmS AGREEMENT, is hereby rriade and entered into by CITY and COUNTY fur the mutual consideration stated herein: • .AGREEMENT Article 1. DEFINITIONS: The fullowing definitions are incorporated into this agreement fur 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 , CoUnty ofDa:Das, State ofTexas. c) COUNTY shall mean the County ofDallas, State ofTexas. d) DIRECT PROJECT & PROGRAM COSTS shalI mean those costs that can be identified specifically with a particular project or program cost objective. These costs generally include MASTER AGREEMENT -11110/00 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 sball mean the date of the signature of the last person necessary for this MASTER AGREEMENT to become el:lective. f) INDIRECT COSTS shall mean those costs which have been incurred for common or joint purposes. These costs benefit more than one cost 􀁯􀁾􀁥􀁣􀁴􀁩􀁶􀁥􀀠and cannot be readily identified with a particular final project or program cost objective without effort disproportionate to the results achieved. g) INTERLOCAL AGREEMENTS sball mean contracts or agreements entered into between CITY and COUNTY in accordance with Texas Goveroment Code Chapter 791 . h) LEAD AGENCY shall mean that entity responsible fur project management, including, but not limited to planning, design, right-of-way acquisition, approved utility relocation or adjnstrnent and constroction. i) MASTER AGREEMENT sball mean this document including all incorporated documents, attachments, and exhibits. j) MEMORANDUM OF AGREEMENT (MOA) sball mean a written document which incorporates the results of the PREDESIGN CHARRETI'E. Said MOA shall at a minimum identifY the overall funding scheme, and basic scope ofthe PROJECT. k) PARCEL OR PARCELS shaD mean those tracts ofland 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 sball include both the existing street, road, drainage or other CITY or COUNTY real property ownership and all additional real property to be utilized. fo r the PROJECT. . I) PREDESIGN CIIARRETTE shaD mean a meeting of decision making STAKEHOLDERS and other members of the PROJECT TEAM for the purpose ofentering into a MEMORANDUM OF AGREEMENT fur the overall funding, alignment and scope ofthe PROJECT. m) PROJECT MANAGER shall mean the person appointed by the Lead Agency who is assigned the primary duty for assuring Project Te!I:\D. coordination and timely project delivery. There will be only one PROJECT MANAGER assigned to a PROJECT. n) PROJECT TEAM shaD mean representatives . from COUNTY, CITY, and other STAKEHOLDERS as may be mntua11y agreed upon by COUNTY, CITY and STAKEHOLDER or otherwise with responsibility for delivering the completed PROJECT. 0) PROJECT(S) shaD 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 anl:IIor 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 cdncrete, 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 ree and! or easement) identified by COUNTY, CITY, or other project STAKEHOLDER as necessary for the constroction of the PROJECT. Such Right-of-way shall include both the existing street, road, drainage or other CITY orCOUNTY 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 unifurm signals, street light fuundations, pull boxes, conduit, sidewalks, medians, storage/tum 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)(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. (tXt) STAKEHOLDER shall mean any governmental or quasi-governmental entity making a financial contnbution to the PROJECT. fu} (u) TxDOT shall mean the Texas Department ofTransportation. (v) UTILITIES shall mean each City Utility, public utility, common carrier, governmental or quasigovernmental facility, fiber optic fucility, or other tacility 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 􀁡􀁤􀁪􀁵􀁾􀁮􀁴 fur the purpose ofthe constroction ofthe PROJECT as identified by PROJECT plans. (x) UTlLITYlN PUBLIC RIGHT-OF-WAY shall mean all UTILITIES located within the limits of the 􀁾􀁒􀁏􀁊􀁅􀁃􀁔􀀠by virtue of Texas or Federal Law or agreement between the entity and the CITY. 􀁾􀀠 i . 0') UTILITY IN PRIVATELY OWNED RIGHT-OF-WAY shall mean all UTILITIES, excluding CITY UTILITIES, whose fucilities are located within the limits of the PROJECT by virtue ofsatjsfuctorily documented pre-existing real property ownership. (z) 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 upgradingofthe 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 inanufuctured, processed or installed shall not be considered a Betterment, provided that such replacement shall be only to the standard devices or materials currently nsed on other projects financed solely by CITY or UTILITY. This mea:ning shall apply to utilities that are part of the project as well as the standard basic street components ·(See "STANDARD BASIC PRO.iECT DESIGN").' MASTER AGREEMENT -11110100 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 "Effi:ctive 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 often (10) years, whichever shall first occur. Article m. 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 ofthe following conditions: 􀁾􀀨􀁬􀀩􀀠By expiration ofterm ofthe agreement. 131(2) By mutual written consent and agreement of COUNTY and CITY. ej(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 defuult of the provisions of this Agreement or any SUPPLEMENTAL AGREEMENT or fuilure to timely provide funding, with proper allowances being made for circumstances beyond the control of the defuulting party. dj(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 ofthis 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 atthe time of termination for services actually performed or that shall become · due imd 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 ofany 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 entitie,d to receive under the existing professional services or other project contracts or agreements. Such amount shall be included in the MASTER AGREEMENT -11110/00 4 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 let, with the approval of the other party, the SUPPLEMENTAL AGREEMENT for that PROJECT cannot be terminated until completion ofthe 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 furmat 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 aU 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 oftermination. H. Provisions B through G will survive the termination of this MASTER AGREEMEJ.'IT and any SUPPLEMENTAL AGREEMENT and shall be a continuing obligation until(the transition of services, all payments made and the PROJECTS are complete. All itrns listed or required in this provision shall be furnished by LEAD AGENCY to completing party without additional cost or expense to completing party. • r ,\ 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 attnbutable 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, shlin 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 ofthe knowledge ofsuch occurrence: Each party shall make all reasonable efforts to mitigate the effects ofany suspension. Article V. INDEMNIFICATION COUNTYand CITY agree that both COUNTY and CITY shall each be responsible fur their own negligent acts or omissions or other tortious conduct in the course ofperformance of¢is .. MASTER AGREEMENT, without waiving any sovereign or governmental immunity . available to either COUNTY or CITY under Texas law and without waiving any available MASTER AGREEMENT-11110/00 .5 !' 1 ! 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. 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 fullowing address. B. All notices and correspondence to County by City shall be mailed or delivered by hand as fullows: 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 ofAppropriate City Official] City, Texas . i 􀁾􀀠 _! i D. Either party hereto may from time to time designate another and different 􀁉􀁴􀁤􀁾 􀁦􀁾􀁲􀀠 receipt ofnotice by giving written notice ofsuch change ofaddress to the' other party. ; j Article VII. CITY COVENANTS AND AGREES AS FOLLOWS: A. To execute the necessary agreements fur the implementation ofdesign and construction of the PROJECTS mutually agreed upon and incorporated herein by SUPPLEMENTAL AGREEMENT.'I 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"/0/50%), or as otherwise agreed upon cost sharing arrangelll!lnt as specified in a SUPPLEMENTAL AGREEMENT with the fullowing exclusions: . CITY shaD bear the entire cost of: 1. CITY owned utilities relocation or adjustment such as wateriand sanitary sewer :fil.cilities, except utility adjustments directly attributable to storm:seWer improvement conflicts; . MASTER AGREEMENT-11/10/00 6 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; 3. UTILITY BETTERMENTS and ROAD or STREET 􀁁􀁍􀁅􀁎􀁉􀁔􀁉􀁅􀁓􀁾􀀠 4. CITY PROJECT TEAM participation or project management (if the CITY bas LEAD AGENCY Responsibility) Direct Costs which are not supported by a detailed hourly accounting system; 5. CITY Indirect Costs. When mutual written agreement bas 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 ofway 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 descnbed 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 ofthe project in the agreed upon proportions.; , CITY hereby grants the COUNTY authority to enter 􀁩􀁮􀁾􀁯􀀮􀀠􀁥􀁾􀁰􀁴􀀠domain proceedings within the city limits on each specific right of way alignmellt as; apwoved by the CITY and COUNTY. i . . D, ;Q,-To require all Utilities located within or using the 􀁰􀁾􀁥􀁳􀁥􀁮􀁴􀀠􀁰􀁵􀁾􀁬􀁩􀁣􀀠right of way on all designated transportation projects within CITY's 􀁭􀁵􀁮􀁩􀁣􀁾􀀠limits tp 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, nonconforming uses, zoning and similar restrictions and to eirercise its best effurts to provide variances when possible to minimi7.e cost and delay of PROJECT. Additional PROJECT cost caused or contributed to by CITY 􀁯􀁲􀁤􀁩􀁮􀁡􀁮􀁣􀁾􀀬􀀠 zoning, non-confonning use determination or other requirement shall be paid in full by CITY. F. .CITY shall require the adjustment and/or relocation ofUTILITIES 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, ali UTILITIES shall be adjusted or relocated and the right-of-way clear fur construction not later than thirty (30) days prior to the award ofthe construction contract. CITY will notifY the 90UNTY and other STAKEHOLDERS when utilitY coirllicts 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 , MASTERAGREEMENT-IIIlO/OO ! ' 7 the problem resolution with the goal to prevent delays in the commencement or prosecution ofconstruction on the PROJECT. G. Where new storm drainage fucilities 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 ofwork and cost estimate by the CITY to the COUNTY and COUNTY approvill, 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 fiIilure to timely relocate or adjust the facility shall be at the entire cost ofCITY. H. To provide fur 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 ofway. In the event that the aforementioned features are allowed by CITY to encroach on necessary ROW during the duration ofthe project, CITY shall bear the entire cost ofremoval or relocation ofsaid encroachment. L 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, 􀁳􀁴􀁡􀁮􀁾􀁤􀁾􀀠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, subh 􀁤􀁰􀁣􀁾􀁥􀁮􀁴􀁳􀀠as necessary to keep all items previously furnished to County current. 􀁩􀁾􀀧􀀺􀀠 J. Actively participate and provide authorized 􀁾􀁲􀁥􀁳􀁥􀁮􀁴􀁩􀁴􀁩􀁯􀁮􀀠with decision miking power at PREDESIGN CHARRETTE, preconstruction meeting, parmering 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 ieview" will be agreed upon during the PREDESIGN 􀁃􀁾􀁔􀁔􀁅 as a part of the PROJECT schedule. City further agrees that ifno review notes are submitted by CITY in writirig to <;:OUNTY on a timely basis, plans are approved as subnl.l it ed. . L. City agrees that it will pay all additional project cost fur any CITY requested discretionary change, including, but not lirnited to' STREET AMENITIES AND UTILITY BETTERMENTS, in or addition to the design or constructinn ofthe project subsequent to the City opportunity to review the sixty five percent (65%) design plans. M. Provide at CITY's cost for the continuing lmaintenance of all PROJECT ROW, such as mowing, drainage, trash removal, etc., during the period between acquisition and construction. . MASlER AGREEMENT-ll1l0/00 8 N. SUbsequent to the completion of a PROJECf, that the CITY will be responsible fur all future maintenance, operation and control of the PROJECf, without cost or contn'bution from the COUNTY. O. Bear the entire. cost of design, construction and administration fur 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 ofSTANDARD 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 vm. UTILITY IMPACTS. A. In cases where a UTILITY IS LOCATED IN A PRIVATELY OWNED RlGHT-RlGHT-OFWAY, 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 fur the relocation and/or adjustment of said utility to the PROJECf. . f , B. In cases where a UTILITY IN 􀁦􀁾􀁌􀁉􀁃􀁒􀁉􀁇􀁈􀁔􀀭􀁏􀁆􀀭􀁗􀁁􀁙􀀬􀀠excluding CITY UTILITIES, occupies any portion of the PROJECT RIGHT-OF-WAY by Texas or Federal Law or by agreement with the CITY that auows or permits the CITY to cause the relocation of the !, . utility for the construction of the project, the CITY sball timely require and enforce the relocation or adjnstment 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 sball be relocated or adjusted and all cost sball be a Project Cost. CITY sball take all steps necessary to insure that such rt:location or adjustment sball not conflict with or delay the PROJECf schedule. ' Artide IX. COUNTY AGREES AS FOLLOWS: A. To provide as a PROJECT C6st preliminary engineering which will define project details, e.g., location, scope of work and specific right of way alignment fur each improvement. Such preliminary engineering; sruin be submitted to the CITY for approval, prior to proceeding with the finaJ design and any right ofway 􀁡􀁣􀁱􀁵􀁩􀁳􀁩􀁴􀁩􀁾􀁮􀀮􀀠 , i : . B. To provide as a PROJECT CoSt fur the construction of transportation improvements based upon design criteria conforming to STANDARD BASIC PROJECT DESIGN in confurmity with applicable: . State ofTexas, has executed the AgRement pursuant to duly authorized City Council Resolution ____--', Minutes'--_______Dated the __day of__--", 200_. The County of DaUas, State ofTexas, has executed this agreement pursuant to Commissioners Court Order Number _____and passed on the __day of___----', CITyOF _________ COUNTY OF DALLAS By__====______________ 􀁂􀁹􀁟􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀀽􀀽 TITLE LEE JACKSON, COUNTY JUDGE ATTEST APPROVED AS TO FORM: CI=-TY:-:-S:'::E-:"C"'"RE"""T=-AR-"""y"--A\ -T....T....O.. --RNE="'""y John Dahill, Advisory Chief, Civil Section DaUas County District Attorney MASTERAGREEMENT-ll/10/00 14 2000 Dallas County Call For Projects APPLICATION INFORMATION Submitting Agency: Town ofAddison Contact Person: Jim Pierce. P.E •• Assistant City Engineer Address: P.O. Box 9010 Addison TX 75001-9010 Telephone: 9721450-2879 Facsimile: 972/450-2834 e-mail address: jpierq@ci.addison.tx.us PROJECT INFORMATION Location: Arapaho Rd. MAPSCO: 14 A, B, C Beginning: Addison Rd. Project Length: 1.02 Ending: Su rveyor Blvd. Avg. Posted Speed: 40 mph, Avg. Operating Speed: N/A Functional Classification: R Traffic Volume: N/A # of Correctable Accidents: 64 (on Belt Line Rd.) Traffic Volume Source: N/A (over past 3 years) Existing Proposed Through lanes o 4 Left turn lanes o 1 Right turn lanes o o Sidcwalks o o Bicycle lanes o o Description of Proposed Improvement(s): This is Phase mof a three phase project. Phase I was realignment and improvement of Arapaho Road from Dallas Parkway to Addison Road. Phase II will be construction of Arapaho Road from Marsh Lane to Surveyor Blvd., which will take place prior to 2004. This project (Phase D1) will construct a new section of Arapaho Road from Surveyor Blvd. to Addison Road (see attached plan). The roadway will be 2 lanes in each direction, undivided, except at the intersections with Addison Road and Surveyor Blvd., which will have left turn lanes. The intersection with Midway Road will consist of an overpass with no entrance or exit ramps. The purpose of this project is to reduce traffic congestion on Belt line Road (reliever road or Belt Line by-pass). This projcct will benefit the bus routes on Belt Line Road by reducing congestion. This is our number 3 priority project for this program. While we would like a 10% match from Dallas County, we realize this would put pressure on available funds. If it would help secure funding, the Town would be willing to contribute 95% to the project. We believe this project will reduce traffic on Belt Line Road and will therefore reduce accidents 00 Belt Line Road by 15%. PROJECT COST INFORMATION Total Project Cost: $14,328,120 Right-of-way Cost: $ 3,180,000 EngineeringlDesign 􀁃􀁯􀁾􀀱􀀺􀀠 $ 1,230,000 Utility Cost: $ 289,200 Construction Cost: $ 9,628,920 Local Cost Contribution: S In percent of total cost 90 % 2000 Dallas County Call For Projects APPliCATION INFORMATION Submitting Agency: Contact Person: Address: Town of Addison Jim Pierce, P.E., Assistant City Engineer P.O. Box 9010 Addison TX 75001-9010 Telephone: 972/450-2879 Facsimile: 972/450-2834 e-mail address: 􀁩􀁰􀁩􀁥􀁲􀁣􀁾􀁣􀁩􀀮􀁡􀁤􀁤􀁩􀁳􀁯􀁮􀀮􀁴􀁸􀀮􀁵􀁳􀀠 PROJECT INFORMATION Location: Midway Road MAPSCO: 14K, F & B; 4X Beginning: Spring Valley Road Project Length: 1.75 miles Ending: Dooley Road Avg. Posted Speed: 40 mpb Avg. Operating Speed: 16.8 mpb Functional Classification: R Traffic Volume: 51,074 # of Correctable Accidents: 21 Traffic Volume Source: Count 8199 (over past 3 years) Existing Proposed Through lanes 3 3 Left turn lanes 1 1 Right turn lanes 1 1 Sidewalks o Bicycle lanes o °o Deseri tion of Proposed Improvernent(.): This project provides for retiDling 􀁴􀁃􀁨􀁏􀀢􀀧􀁥􀀢􀀧􀁥􀀺􀀢􀁘􀀱􀀷􀀢􀂷􀁳􀀢􀀢􀁴􀁩􀀺􀀭􀁮􀀭􀁧􀀢􀀧􀀺􀀱􀀢􀀧􀀴􀀧􀀭􀁹􀀭􀁥􀀭􀁡􀀭􀁲􀀭􀁯􀀢􀀢􀁬􀁤􀀭􀀽􀀭􀁣􀁯􀁯� �􀁲􀀭􀁤􀀺􀀻􀁩􀁮􀀭􀀮􀀭􀀺􀁴􀀭􀁥􀁤􀀢􀀭􀁳􀀢􀀧􀁩􀁧􀁮􀀭􀁡􀁬􀀧􀀭􀁳􀁹􀀭􀁳􀁴􀀢􀀧􀁥􀀭􀁭􀀭􀀭􀁡􀀱􀀭􀀻􀀭􀁯􀀭􀁮􀀧􀁾􀁧􀀭􀁍􀀽􀁩􀀢􀀢􀁤􀁷􀀭􀁡􀁹􀀭􀀻􀀻􀁒􀀺􀀺􀀭􀁯􀀭􀁡􀀭􀀺􀁤􀀭􀀺􀁦􀀺􀀭􀁲􀁯􀀭􀁭􀀭􀀭 Spring Valley Road to Dooley Road (see attached plllJl). Timing plans for the AM, PM, Off-Peak, lIJId Friday PM Peak periods will be prepared for each intersection. The signal bardware at eacb intersection will be upgraded to include video detection, TS-2 cabincts, and TS-2 controllers. Additional pbooe drops will also be installed to provide a communicatioos link to the traffic service ceoter. Existing bardwire interconnect cables will be used to maintain communication between the signal controllers. Associated work wiD include installation of new conduit and wiring at each intersection. Tbe existing power source for each location will be used. For this section of road, we bave bad a total of 141 accidents in the last 3 years. We believe retiming will improve traffic now, and we estimate accidents will be rednced by 15%. This is our number 5 priority project for tbis program. ______________-' PROJECT COST INFORMATION Total Project Cost: $392,000 Right-of-way Cost: $ 0 EngineeringIDesign Cost: $ 52,000 Utility Cost: $ ° Construction Cost: $340,000 Local Cost Contribution: $ in percent of total cost 50 % Zq COURT ORDER ORDBR-NO: 2000 2111 DATE: 0CT 1 7 2000 STATEOFlEXAS § COUNTY Of'DALLAS § BE IT REMEMBERED. at II resular meeting of the Corn:mlssioners Court of Dallas County. Texas, held on 􀁾􀀠 _____!Lth ____day of____ . __Qs:.to.!:!E.____• 2000, on motion made by Mike 􀁴􀁴􀁴􀀢􀁥􀁬􀀱􀁾􀁥􀀽 ::; ;;f . and secondod · by Ii.eiili A. MaSllt. 114 • the following Order was adopted: WHEREAS•. Commissioners COurt was brieCed on October 10, 2000 regarding recommended Transportation Improvemen\ Proj eels to be considered for fUnding from the: Major Capital Development Fund for conslnlction in fiscal · years 2004 tIw 2007; and WHEREAS, 'continued lind forecast population and employment growth in Dallas County places increasing demands on · the COunty'S:surface tranIlportation system; and WHEREAS. Dallas County has II 􀁬􀁯􀁮􀁾􀀠slan $50.000 o(pedestrian facilities) ANY OTHER PERMITS FROM OTHER AGENCIES SUCH AS TXDOT, DFW AIRPORT, DART ETC.? YES 􀀭􀁌􀀡􀁘􀁾___ NO ___ UTILITIES LIST OF ALL KNOWN UTILITIES . TXUgas and electric AT&T Southwestern Bell DOCUMENT KNOWN RISKS (TRA lines, Transmission Towers, Lone Star Gas Valve Stations) FOR OUR UTILITY PARTNERS: ARE UTILITIES ON EXISTING STREET R.O.W.? NIA DO UTILITIES OWN THEIR R.O.W. OR HAVE PREVIOUS EASEMENTS? YES HAS WORK ORDER BEEN ISSUED FOR SUE (Subsurface Utility Engineering)? No 5 ATTACHMENT A Supplemental Agreement to Master Agreement Governing Transportation Major Capital Improvement Projects DESIGN AND CONSTRUCTION CRITERIA PROJECT NAME: Arapaho Road. Phase III ANY UNUSUAL CONSIDERATIONS? _-'N.!.>O"'----___􀁾􀀠 R-O-W ACQUISITION RIGHT OF WAY CONSTRAINTS, IF ANY, PROVIDE A LIST AND DESCRIPTION ALONG WITH DATA FOR RISK ASSESSMENT: ANY NON-ROUTINE, i.e., CEMETARY, JUNK YARD, OLD CHURCHES, SERVICE STATIONS, CONTAMINATED SOILS, LANDFILLS, NOISE WALL CONSIDERATIONS, TRAILER PARKS, TREE ORDINANCES? YES X NO ___ ANY NON-CONFORMING ISSUES? YES ___ NO X R-O-W MAP NEEDED YES -,,-,-X__ NO ___ FIELD NOTES NEEDED YES --""X__ NO ___ R-O-W PLATS NEEDED YES ...d2..__ NO ___ RELOCATION ASSIST ANCE INVOLVED YES ___ NO X PARKINGILOSS OF PARKING CONSIDERATIONS YES --,,-,-X__ NO ___ HISTORICAL SITE CONSIDERATION YES ___ NO --'--'--_ 6 ATTACHMENT A Supplemental Agreement to Master Agreement Governing Transportation Major Capital Improvement Projects DESIGN AND CONSTRUCTION CRITERIA PROJECT NAME: Arapaho Road, Phase III USUAL CITY TOPICS OF CONCERN DESIGN STANDARDS TO BE USED? ORDER OF PRECEDENCE OF STANDARDS. NCTCOG Standard Specifications for Public Works Construction & Town ofAddison Standard Construction Specifications: Addison. AUXILIARY LANES? NO PROVISIONS FOR FUTURE WIDENING? NO LANDSCAPING? ---",r.E..",-S___ EXPOSED AGGREGATE DRIVEWA YS, SIDEWALKS? . NO ST AMPED!COLORED CONCRETE? YES IRRIGATION? YES. BRICK PAVERS? YES STREET LIGHTING? YES TRAFFIC SIGNALS? Yes PAVEMENT MARKINGS? Yes. BIKE LANES (EXTRA WIDTH)? No NEW SIDEWALKS? Yes BUS TURNOUTS? No. BUS STOPS OR BUS SHELTERS? No. WATER UTILITY BETTERMENTS? Minor water line extension. 7 ATTACHMENT A Supplemental A&reement to Master A&reement Governin2 Transportation Major Capital Improvement Projects DESIGN AND CONSTRUCTION CRITERIA PROJECT NAME: Arapaho Road. Phase III WATER UTILITY REWC.? Yes SAN. SEWER BETTERMENTS? NO SAN. SEWER RELOC.? NO RETAINING WALLS? Yes (STONE, BLOCKS, GABIONS, PROPRlETARY TYPES) SOD, SEEDING, TOPSOIL? __􀀮􀀮􀀮􀀡􀀮􀁂􀁷􀁬􀁯􀀸􀁣􀁾􀁫􀁊􀁊� �􀁓􀁯􀁾􀁤􀁌􀁬􀁯􀁾􀁮􀁵􀁡􀁷􀁬􀁬􀀢􀀢􀁩􀁭􀁗􀀻􀁰􀁬􀀡􀀭􀀧􀁲􀀮􀀻􀁴􀀮􀁯􀁶􀀮􀀡􀀺􀀡􀁥􀁾􀁤􀁾􀁡􀀡􀀮􀀡􀁲􀁥􀀼􀁦􀀡􀁡􀁾􀁳􀀮􀀠 DRAINAGE IMPROVEMENTS? Install one storm sewer trunk with laterals crossing under (rom O[2J!osite side inlets. Also. utilize velocity dissipaters at outfall end ofthe two cross-drain 9' x 5 'structures. RR CROSSING IMPROVEMENTS? Yes GRADE SEPARATIONS? Yes RAMPS OR CONNECTORS TO TXDOT FACILITIES? NO SPECIAL SCHOOL OR EMERGENCY VEHICLE CONSIDERATIONS ANY NEARBY OR ADJACENT SCHOOLS, CITY HALL, FIRE OR POLICE DEPARTMENT REQUIRING SPECIAL CONSIDERATION? NO DOCUMENT POTENTIAL SITES FOR PUBLIC AND OR NEIGHBORHOOD MEETINGS. The Stone Cottage 4901 Addison Circle Road PUBLIC INVOLVEMENT CITY COUNCIL APPROVAL OF ALIGNMENT, REQUIRED? YES 􀁾􀁘􀀡􀁬􀀮􀀭􀀭􀁟􀀠 NO __ HAVE ALL NEIGHBOR GROUPS PROVIDED EARLY INPUT? YES NIA NO __ 8 ATTACHMENT A Supplemental Agreement to Master Agreement Governing Transportation Major Capital Improvement Projects DESIGN AND CONSTRUCTION CRITERIA PROJECT NAME: Arapaho Road. Phase III NEIGHBORHOOD MEETING, REQUIRED YES NIA NO ___ IF REQUIRED WHO CONDUCTS, CITY OR COUNTY? City lead with County participation CONSTRUCTIBILITY REPORT FROM INSPECTION STAFF, DOCUMENT ANY AND ALL ISSUES THAT MAY AFFECT PROJECT SCOPE, BUDGET, CONSTRUCTIBIL TY, THE PROJECT SCHEDULE AND/OR THE SAFETY OF PROJECT? N/A 9 ATTACHMENT B RESOLUTION NO. R99-039 A RESOLUTION BY THE CITY COUNCIL OF THE TOWN OF ADDISON. TEXAS, APPROVING THE TECHNICALLY PREFERRED ALIGNMENT FOR ARAPAHO ROAD PHASE 111111. WHEREAS, the Town desires to further extend Arapaho Road from Addison Road west to Marsh Lane; and WHEREAS, an engineering report entitled Alignment Study for Proposed Al8paho Road ExtenSion, dated January 1999, was prepared for the Town; and WHEREAS, the Study proposes a Technically Preferred Alignment for Arapaho Road Phase 111111; and WHEREAS, a depiction of the Technically Proposed Alignment is attached to this Resolution; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS: THAT, the City Council does hereby approve the Technically Preferred Alignment for Arapaho Road Phase 11/111. OFFICE OF THE CITY SECRETARY R9S-0SS ATTACHMENT B DULY PASSED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS. this the 27th day of April, 1999. Mayor ArrEST: 􀁃􀁉􀁖􀁢􀁾􀁜􀁻 City Secretary OFFICE OF THE CITY SECRETARY R99-039 -----ATTACHMENT B 1-. .,. )5 􀀯􀁾o \:1 U r I PROPOSED ARAPAHO ROAD EXTENSION PROPOSED ARAPAHO ROAD PHASE I ( UNDER CONSTRUCTION , ARAPAHO ROAD EXTENSION )FFIeE OF THE CITY SECRETARY R99-039 DRAFT STATE OF TEXAS § COUNTY OF DALLAS § SUPPLEMENTAL AGREEMENT TO MASTER AGREEMENT GOVERNING TRANSPORTATION MAJOR CAPITAL IMPROVEMENT PROJECTS TIllS SUPPLEMENTAL AGREEMENT to the MASTER AGREEMENT GOVERNING TRANSPORTATION MAJOR CAPITAL IMPROVEMENT PROJECTS ("MASTER AGREEMENT") is made by and between the Town of Addison, Texas, hereinafter called "CITY," and the County of Dallas, Texas, hereinafter called "COUNTY," acting by and through its duly authorized officials, for the purpose of Transportation hnprovements on ARAPAHO ROAD FROM ADDISON ROAD TO SURVEYOR BOULEVARD inside Dallas County, which is on the North Central Texas Council of Govermnent's Regional Thoroughfare Plan. Article I. INCORPORATED DOCUMENTS This SUPPLEMENTAL AGREEMENT incorporates the MASTER AGREEMENT authorized by Court Order No. dated 2002, and ATTACHMENT A, Design and Construction Criteria, as if each was reproduced herein word for word. These documents together define the scope of the project with an agreed upon preliminary alignment. alignment. The MEMORANDUM OF AGREEMENT was waived by the parties at the Predesign Charrette held for this project on October 3, 200 I. As agreed by the parities at said Charrette, the Design and Construction Criteria (ATTACHMENT A) was prepared in lieu of the MEMORANDUM OF AGREEMENT and said Criteria is hereby approved by COUNTY and agreed upon by the parties. Article II. EFFECTIVE DATE THIS SUPPLEMENTAL AGREEMENT BECOMES EFFECTIVE WHEN SIGNED BY THE LAST PARTY WHOSE SIGNING MAKES THE RESPECTIVE AGREEMENT FULLY EXECUTED (THE "EFFECTIVE DATE"). Article III. THE PARTIES COVENANT AND AGREE AS FOLLOWS: A. CITY shall provide project management of the Project as designated LEAD AGENCY from commencement ofplanning to completion ofconstruction. B. CITY shall execute the necessary agreements for the implementation of design and construction of the ARAPAHO ROAD PROJECT mutually agreed upon and incorporated herein by this SUPPLEMENTAL AGREEMENT. C. CITY shall, and does hereby provide City Council Resolution No. R99-039 (ATTACHMENT B), adopting the approved preferred alignment for the project. \ SUPPLEMENTAL AGREEMENT-ARAPAHO ROAD PROJECT PAGE-l Document #: 9937(11 · ,. D. CITY shall pay for initial professional services required for scoping, preliminary ".; . and primary design, such funds to be reimbursed pursuant to the MASTER AGREEMENT. As City is funding such initial project costs, Paragraph E of Article XI of the MASTER AGREEMENT, requiring City to escrow an amount adequate for such costs, shall not apply to this project. The Town of Addison, State of Texas, has executed this Agreement pursuant to duly authorized City Council Resolution , Minutes dated the __day of ___ 2002. The County of Dallas, State of Texas, has executed this Agreement pursuant to Commissioners Court Order Number and passed on the __day 2002. TOWN OF ADDISON COUNTY OF DALLAS BY 􀁃􀁾􀁉􀀽􀁔􀁙􀁾􀁍􀁁􀁎􀁾􀁾􀁁􀁾􀁇􀀭􀁅􀀭􀁒􀀭􀀭􀀭􀀭􀀭􀀭 􀀭􀀭 COUNTY JUDGE ATTEST 􀁾􀁃􀁉􀁾􀁔􀁾􀁙􀁾􀁓􀀽􀁅􀀽􀁃􀀽􀁒􀁅􀁾􀁔􀁁􀁒􀁾􀁙􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭 APPROVED AS TO FORM: City Attorney Advisory Chief, Civil Section Dallas County District Attorney \ SUPPLEMENTAL AGREEMENT-ARAPAHO ROAD PROJECT PAGE-2 Document #1: 993761 COWLES &THOMPSON A Professional Corporation ATTORNEYS AND COUNSELORS ANGELA K WASHINGTON 􀀲􀀱􀀴􀁟􀁾􀀱􀀲􀀮􀀲􀀱􀀴􀀴􀀠 AWASHlNGTON@COWlESTHOMPSON,COM April 25, 2002 Mr. Steve Chutchian Assistant City Engineer Town of Addison P.O. Box 9010 Addison, TX 75001-9010 RE: Arapaho Road from Addison Road to Surveyor Boulevard Dear Steve: Enclosed for your review is the draft Supplemental Agreement to Master Agreement Governing Transportation Major Capital Improvement Projects for the Arapaho Road project. Please give me a call regarding the design and construction criteria, as there is an issue that we must address prior to forwarding the agreement to the county. Also, if you have any questions or changes to the agreement, p lease let me know. Sincerely, AKW/yjr Enclosure c: Mr. Jim Pierce (w/Enclosure) Mr. Ken Dippel, City Attorney (w/o Enclosure) 901 MAIN STREET SUITE 40(}O DALLAS, TEXAS 1S2(}2·3793 DALLAS T Y L E R TEL 214.672.200G FAX 214.672.2(}20 WWW.COWLE S THO M PS 0 N .C(}M DRAFT STATE OF TEXAS § COUNTY OF DALLAS § SUPPLEMENTAL AGREEMENT TO MASTER AGREEMENT GOVERNING TRANSPORTATION MAJOR CAPITAL IMPROVEMENT PROJECTS THIS SUPPLEMENTAL AGREEMENT to the MASTER AGREEMENT GOVERNING TRAt"lSPORTATION MAJOR CAPITAL IMPROVEMENT PROJECTS ("MASTER AGREEMENT") is made by and between the Town of Addison, Texas, hereinafter called "CITY," and the County of Dallas, Texas, hereinafter called "COUNTY," acting by and through its duly authorized officials, for the purpose of Transportation Improvements on ARAPAHO ROAD FROM ADDISON ROAD TO SURVEYOR BOULEVARD inside Dallas County, which is on the North Central Texas Council of Government's Regional Thoroughfare Plan. Article I. INCORPORATED DOCUMENTS This SUPPLEMENTAL AGREEMENT incorporates the MASTER AGREEMENT authorized by Court Order No. dated , 2002, and ATTACHMENT A, Design and Construction Criteria, as if each was reproduced herein word for word. These documents together define the scope of the project with an agreed upon preliminary alignment. The MEMORANDUM OF AGREEMENT was waived by the parties at the Predesign Charrette held for this project on October 3, 200 I. As agreed by the parities at said Charrette, the Design and Construction Criteria (A TT ACHMENT A) was prepared in lieu of the MEMORANDUM OF AGREEMENT and said Criteria is hereby approved by COUNTY and agreed upon by the parties. Article II. EFFECTIVE DATE THIS SUPPLEMENTAL AGREEMENT BECOMES EFFECTIVE WHEN SIGNED BY THE LAST PARTY WHOSE SIGNING MAKES THE RESPECTIVE AGREEMENT FULLY EXECUTED (THE "EFFECTIVE DATE"). Article III. THE PARTIES COVENANT AND AGREE AS FOLLOWS: A. CITY shall provide project management of the Project as designated LEAD AGENCY from commencement of planning to completion ofconstruction. B. CITY shall execute the necessary agreements for the implementation of design and construction of the ARAPAHO ROAD PROJECT mutually agreed upon and incorporated herein by this SUPPLEMENTAL AGREEMENT. C. CITY shall, and does hereby provide City Council Resolution No. R99-039 (ATTACHMENT B), adopting the approved preferred alignment for the project. SUPPLEMENTAL AGREEMENT-ARAPAHO ROAD PROJECT PAGE-l OccW'lWlli Q9J162 D. CITY shall pay for initial professional services required for scoping, preliminary and primary design, such funds to be reimbursed pursuant to the MASTER AGREEMENT. As City is funding such initial project costs, Paragraph E of Article XI of the MASTER AGREEMENT, requiring City to escrow an amount adequate for such costs, shall not apply to this project. The Town of Addison, State of Texas, has executed this Agreement pursuant to duly autnorized City Council Resolution , Minutes dated the __day of ___' 2002, The County of Dallas, State of Texas, nas executed this Agreement pursuant to Commissioners Court Order Number and passed on the __day of ,2002. TOWN OF ADDISON COUNTY OF DALLAS BY BY 􀁃􀀽􀁉􀀽􀁔􀁾􀁙􀁾􀁍􀁾􀁁􀁎􀁾􀁁􀁾􀁇􀁾􀁅􀁒􀁾􀀭􀀭􀀭􀀭􀀭􀀭� �􀀭􀀭􀀭 􀁾􀁃􀁾􀁏􀁾􀁕􀁎􀁔􀁙􀁾􀁾􀁮􀁊􀁄􀁾􀁇􀀽􀁅􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭 ATTEST 􀁾􀁃􀀽􀁉􀁔􀁾􀁙􀁾􀁓􀁾􀁅􀁾􀁃􀀽􀁒􀁅􀀽􀀽􀁔􀁾􀁁􀁒􀁾􀁙􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭 APPROVED AS TO FORM: City Attorney Advisory Chief, Civil Section Dallas County District Attorney SUPPLEMENTAL AGREEMENT-ARAPAHO ROAD PROJECT PAGE-2 [)o(urtWrtl. qlH7o! ATTACHMENT A Supplemental Agreement to Master Agreement Governing Transportation Major Capital Improvement Projects DESIGN AND CONSTRUCTION CRITERIA PROJECT NAME: Arapaho Road. Phase III Date: September 2001 PAVEMENT AND ALIGNMENT TOPICS PAVEMENT SECTION PAVING DESIGN CRITERIA NCTCOG Standard Specifications for Public Works Construction & Town o[Addison Standard Construction Specifications ROW WIDTH: Existing: _ ...􀁎.􀀮􀀢􀀭􀁉􀁁􀁾_____ Proposed: 􀁟􀁾􀀸􀀰􀁌􀀧􀁟.T.J.(y'o{2",-._ PAVEMENT WIDTH: Existing: __...!.N!.!.,'!aA____ Proposed: 2 -22' No. oflanes proposed: 4 lane divided PARKWAY: Proposed Width varies Proposed Sidewalk Width 4' Minimum Parkway cross fall slope maximum 2.08% GRADE REQUIREMENTS: Is TC 6" below adjacent ground criteria to be followed? NO Any deep cuts, high fills? YES-BRIDGE APPROACHES PAVEMENT CROSS FALL PROPOSED 114 in/O MINIMUM 118 in/O MAXIMUM 114 in/O 􀁾􀁴􀁬􀁊􀀠998580 ATTACHMENT A Supplemental Agreement to Master Agreement Governing Transportation Major Capital Improvement Projects DESIGN AND CONSTRUCTION CRITERIA PROJECT NAME: Arapaho Road. Phase III VERTICAL GRADE: MINIMUM 0.5% MAXIMUM 6% CENTERLINE ALIGNMENT POSITION: IN CENTER OF EXISTING ROW? NIA OFFSET FROM CENTER NIA ON BRAND NEW ALIGNMENT? YES CRASH CUSHIONS I A TTENTUATORS INVOLVED YES ___ NO X RAILROAD CROSSINGS INVOLVED YES--<.X,,--_ NO ___ NOTE: IF CURRENT CROSSING IS NOT USED, IS ABANDONMENT AN OPTION? YES ___ NO ---.X____ HYDRO-35 TP-40 INLET DEPTHS (APPROPRIATE FOR PAVEMENT THICKNESS) 4 ' MINIMUM COVER LATERALS 2 '. BRIDGESIBOX CULVERTS INVOLVED YES----"'X__ NO ___ 100 YEAR FLOOD PLAIN CONSIDERATION __.1....'_ _ FT FREEBOARD 4 ATTACHMENT A Supplemental Agreement to Master Agreement Governing Transportation Major Capital Improvement Projects DESIGN AND CONSTRUCTION CRITERIA PROJECT NAME: Arapaho Road, Phase III PERMITS COE 404 PERMITS NEEDED YES __ NO --"'''--_ TNRCC 401 PERMIT YES ___ NO ---""'--_ CDC PERMIT NO X EIS YES,--:-::-NO X ADA PERMIT YES -"'X'-----'G""lf...:;>....;$""5""O"",O""'OO"-""o..f.V." "ed""'e""'St"'n""a'-'.n""fa""cI""'li""tieos"",,,1 NO __ ANY OTHER PERMITS FROM OTHER AGENCIES SUCH AS TXDOT, DFW AIRPORT, DART ETC.? YES X (DART) NO ___ UTILITIES LIST OF ALL KNOWN UTILITIES , TXU gas and electric AT&T Southwestern Bell DOCUMENT KNOWN RISKS (TRA lines, Transmission Towers, Lone Star Gas Valve Stations) FOR OUR UTILITY PARTNERS; ARE UTILITIES ON EXISTING STREET R.O.W.? NIA DO UTILITIES OWN THEIR R.O.W. OR HAVE PREVIOUS EASEMENTS? YES HAS WORK ORDER BEEN ISSUED FOR SUE (Subsurface Utility Engineering) ? No 5 ATTACHMENT A Supplemental Alreement to Master Alreement Governinl Transportation Major Capital Improvement Projects DESIGN AND CONSTRUCTION CRITERIA PROJECT NAME: Arapaho Road, Phase III ANY UNUSUAL CONSIDERATIONS? _-'N.uO"--___􀁾􀀠 R-O-W ACQUISITION RIGHT OF WAY CONSTRAINTS, IF ANY, PROVIDE A LIST AND DESCRIPTION ALONG WITH DATA FOR RISK ASSESSMENT: ANY NON-ROUTINE, i.e" CEMETARY, JUNK YARD, OLD CHURCHES, SERVICE STATIONS, CONTAMINATED SOILS, LANDFILLS, NOISE WALL CONSIDERATIONS, TRAILER PARKS, TREE ORDINANCES? YES X NO ___ ANY NON-CONFORMING ISSUES? YES ___ NO X R-O-W MAP NEEDED YES--",__ NO ___ FIELD NOTES NEEDED YES --"",-X__ NO ___ R-O-W PLATS NEEDED YES 􀁾􀁘􀀮􀀺􀁌􀀭􀁟􀀠 NO ___ RELOCATION ASSISTANCE INVOLVED YES ___ NO --''''--_ P ARKINGILOSS OF PARKING CONSIDERATIONS YES --",-X__ NO ___ HISTORICAL SITE CONSIDERATION YES ___ NO ----£."--_ 6 ATTACHMENT A Supplemental Aareement to Master Aareement Governina Transportation Major Capital Improvement Projects DESIGN AND CONSTRUCTION CRITERIA PROJECT NAME: Arapabo Road, Phase III USUAL CITY TOPICS OF CONCERN DESIGN STANDARDS TO BE USED? ORDER OF PRECEDENCE OF STANDARDS. NCTCOG Standard Specifications fOr Public Works Construction & Town o[Addison Standard Construction Specifications: Addison. AUXILIARY LANES? NO PROVISIONS FOR FUTURE WIDENING? NO LANDSCAPING? ---'YL£E"",S___ EXPOSED AGGREGATE DRIVEWA YS, SIDEWALKS? . NO STAMPED/COLORED CONCRETE? YES IRRIGATION? YES. BRICK PAVERS? YES STREET LIGHTING? YES TRAFFIC SIGNALS? Yes PAVEMENT MARKINGS? Yes. BIKE LANES (EXTRA WIDTH)? No NEW SIDEWALKS? Yes BUS TURNOUTS'? No. BUS STOPS OR BUS SHELTERS? No. WATER UTILITY BETTERMENTS? Minor water line extension. WATER UTILITY RELOC.? Yes 1 ATTACHMENT A Supplemental Agreement to Master Agreement Governing Transportation Major Capital Improvement Projects DESIGN AND CONSTRUCTION CRITERIA PROJECT NAME: Arapaho Road. Phase III SAN. SEWER BETTERMENTS? NO SAN. SEWER RELOC.? NO RETAINING WALLS? Yes (STONE, BLOCKS, GAB IONS, PROPRIETARY TYPES) SOD, SEEDING, TOP SOIL? __-",B'-'.\lo",c,,-k􀀢􀀢􀁓􀁯􀀢􀀢􀁤􀀬􀀭􀀬􀁯􀀢􀀬􀁮􀀬􀀭􀀢􀁡 􀁾􀁬􀁬􀀮􀀮􀀮􀀬..􀁩.􀁭..􀀠pi $50,000 ofpedestrian facilities) NO ANY OTHER PERMITS FROM OTHER AGENCIES SUCH AS TXDOT, DFW AIRPORT, DART ETC,? YES X (DART) NO ___ UTILITIES LIST OF ALL KNOWN UTILITIES TXU gas and electric AT&T Southwestern Bell DOCUMENT KNOWN RISKS (TRA lines, Transmission Towers, Lone Star Gas Valve Stations) FOR OUR UTILITY PARTNERS: ARE UTILITIES ON EXISTING STREET R.O.W.? NIA DO UTILITIES OWN THEIR R.O.W. OR HAVE PREVIOUS EASEMENTS? HAS WORK ORDER BEEN ISSUED FOR SUE (Subsurface Utility Engineering) ? No 5 ATTACHMENT A Supplemental Al:reement to Master Al:reement Governinl: Transportation Major Capital Improvement Projects DESIGN AND CONSTRUCTION CRITERIA PROJECT NAME: Arapaho Road. Phase III ANY UNUSUAL CONSIDERATIONS ? _---'-N-'-'O"-----___􀁾􀀠 R-O-W ACQUISITION RIGHT OF WAY CONSTRAINTS, IF ANY, PROVIDE A LIST AND DESCRIPTION ALONG WITH DATA FOR RISK ASSESSMENT: ANY NON-ROUTINE, i.e., CEMETARY, JUNK YARD, OLD CHURCHES, SERVICE STATIONS, CONTAMINATED SOILS, LANDFILLS, NOISE WALL CONSIDERATIONS, TRAILER PARKS, TREE ORDINANCES? YES X NO ___ ANY NON-CONFORMING ISSUES? YES ___ NO X R-O-W MAP NEEDED YES X NO FIELD NOTES NEEDED YES X NO R-O-W PLATS NEEDED YES X NO RELOCATION ASSISTANCE INVOLVED YES NO X PARKINGILOSS OF PARKING CONSIDERATIONS YES X NO HISTORICAL SITE CONSIDERATION YES NO X 6 Document II: 998580 ATTACHMENT A Supplemental Al:reement to Master Al:reement Governinl: Transportation Major Capital Improvement Projects DESIGN AND CONSTRUCTION CRITERIA PROJECT NAME: Arapaho Road. Phase III USUAL CITY TOPICS OF CONCERN DESIGN STANDARDS TO BE USED? ORDER OF PRECEDENCE OF STANDARDS. NCTCOG Standard Specifications for Public Works Construction & Town ofAddison Standard Construction Specifications; Addison. AUXILIARY LANES? NO PROVISIONS FOR FUTURE WIDENING? NO LANDSCAPING? ----'Y"'=E""S___ EXPOSED AGGREGATE DRIVEWAYS, SIDEWALKS? . NO STAMPED/COLORED CONCRETE? YES IRRIGATION? YES. BRICK PAVERS? YES STREET LIGHTING? YES TRAFFIC SIGNALS? Yes PAVEMENT MARKINGS? Yes. BIKE LANES (EXTRA WIDTH)? No NEW SIDEWALKS? Yes BUS TURNOUTS? No. BUS STOPS OR BUS SHELTERS? No. WATER UTILITY BETTERMENTS? Minor water line extension. WATER UTILITYRELOC.? Yes 7 Document #; 998!iKO ATTACHMENT A Supplemental Agreement to Master Agreement Governing Transportation Major Capital Improvement Projects DESIGN AND CONSTRUCTION CRITERIA PROJECT NAME: Arapaho Road. Phase III SAN. SEWER BETTERMENTS? NO SAN. SEWER RELOC.? NO RETAINING WALLS? Yes (STONE, BLOCKS, GABIONS, PROPRIETARY TYPES) SOD, SEED ING, TOPSOIL? __-"B"'lo""c"'k-"S""od"-"'!on"-a"'I!....lz"'·m!,#p:!Jro"- 'v""ed.....,.,ar"'e""'-'.as. DRAINAGE IMPROVEMENTS? Install onlv one storm sewer trunk with laterals crossing under trom opposite side inlets. Also. utilize velocitv dissipaters at outfall end ofthe two crossdrain structures. RR CROSSING IMPROVEMENTS? Yes GRADE SEPARATIONS? Yes RAMPS OR CONNECTORS TO TXDOT FACILITIES? NO SPECIAL SCHOOL OR EMERGENCY VEHICLE CONSIDERATIONS ANY NEARBY OR ADJACENT SCHOOLS, CITY HALL, FIRE OR POLICE DEPARTMENT REQUIRING SPECIAL CONSIDERATION? NO DOCUMENT POTENTIAL SITES FOR PUBLIC AND OR NEIGHBORHOOD MEETINGS. The Stone Cottage 4901 Addison Circle Road PUBLIC INVOLVEMENT CITY COUNCIL APPROVAL OF ALIGNMENT, REQUIRED? YES 􀁾􀁘􀀢􀀧􀀭􀀭􀁟􀀠 NO __ HAVE ALL NEIGHBOR GROUPS PROVIDED EARLY INPUT? YES NIA NO __ NEIGHBORHOOD MEETING, REQUIRED YES NIA NO ___ 8 Documenlll: 998580 ATTACHMENT A Supplemental Aereement to Master Aereement Governing Transportation Major Capital Improvement Projects DESIGN AND CONSTRUCTION CRITERIA PROJECT NAME: Arapaho Road, Phase III IF REQUIRED WHO CONDUCTS, CITY OR COUNTY? City lead with County participation CONSTRUCTIBILITY REPORT FROM INSPECTION STAFF, DOCUMENT ANY AND ALL ISSUES THAT MAY AFFECT PROJECT SCOPE, BUDGET, CONSTRUCTIBILTY, TIlE PROJECT SCHEDULE AND/OR THE SAFETY OF PROJECT? 9 Docvmwt 11: 9985&0 ATTACHMENT B RESOLUTION NO. R99..Q39 A RESOLUTION BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS, APPROVING THE TECHNICALLY PREFERRED ALIGNMENT FOR ARAPAHO ROAD PHASE 11/111. WHEREAS, the Town desires to further extend Arapaho Road from Addison Road west to Marsh Lane; and WHEREAS, an engineering report entitled Alignment study for Proposed Arapaho Road Extension, dated January 1999, was prepared for the Town; and WHEREAS, the Study proposes a Technically Preferred Alignment for Arapaho Road Phase 111111; and WHEREAS, a depiction ofthe Technically Proposed Alignment is attached to this Resolution; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS: THAT, the City Council does hereby approve the Technically Preferred Alignment for Arapaho Road Phase 11/111. OFFICE OF THE CITY SECRETARY R99-039 ATTACHMENT B DULY PASSED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS, this the 27th day of April, 1999. Mayor ATIEST:C 1'/kP!:i\{ City Secretary OFFICE OF THE CITY SECRETARY R99-039 ATTACHMENT B Keller Spr;nqs V"O VoI.yVI ------PROPOSED ARAPAHO ROAD EXTENSION PROPOSED ARAPAHO ROAD PHASE I ARAPAHO ROAD EXTENSION ( UNDER CONSTRUCTION ) OFFICE OF THE CITY SECRETARY R99-039 I 4/26/02 Jim -Angela Washington is ready to forward our Supplemental Agreement to Dallas COWlty, regarding the Arapaho Rd., Phase ill project. However, she asked that we look it over one more time and see if it needs any updating, because the original date of preparation is September 2001. I will be reporting for Jury Duty on Monday, the 29th. Could you and Luke look the attached document over and make any revisions to the agreement that are applicable. I can take any changes that you and Luke make and forward them to Angela later in the week. Thanks. Steve C. ATTACHMENT A Supplemental Agreement to Master Agreement Governing Transportation Major Capital Improvement Projects DESIGN AND CONSTRUCTION CRITERIA PROJECT NAME: Arapaho Road. Phase III Date: September 2001 PAVEMENT AND ALIGNMENT TOPICS PAVEMENT SECTION PAVING DESIGN CRITERIA NCTCOG Standard Specifications for Public Works Construction & Town ofAddison Standard Construction Specifications ROW WIDTH: 􀁅􀁾􀁭􀁧􀀺􀀠__􀁾􀁎􀁾􀁕􀁾_____ Proposed: ---,8",,0,-'--..:T.J:lyp",-,_ PAVEMENT WIDTH: 􀁅􀁾􀁭􀁧􀀺􀀠 NIA Proposed: 2-22' No. oflanes proposed: 4"till W'yis;PARKWAY: Proposed Width varies Proposed Sidewalk Width 4' Minimum Parkway cross fiill slope maximum 2.08% GRADE REQUIREMENTS: Is TC 6" below adjacent ground criteria to be followed? NO Aoy deep cuts, high fills ? YES -BRIDGE APPROACHES PAVEMENT CROSS FALL PROPOSED MINIMUM MAXIMUM 114 infft 118 infO 114 infft Documenl#:99SstO 1 ATTACHMENT A Supplemental Agreement to Master Agreement Governing Transportation Major Capital Improvement Projects DESIGN AND CONSTRUCTION CRITERIA PROJECT NAME: Arapaho Road, Phase m VERTICAL GRADE: MINIMUM MAXIMUM 6% CENTERLINE ALIGNMENT POSITION: IN CENTER OF EXISTING ROW? NIA OFFSET FROM CENTER NIA ON BRAND NEW ALIGNMENT? YES CRASH CUSHIONS I ATTENTUATORS INVOLVED YES __ NO ---"-''--_ RAILROAD CROSSINGS INVOLVED 􀁙􀁅􀁓􀀮􀁾􀁘􀁾􀁟􀀠 NO ___ NOTE: IF CURRENT CROSSING IS NOT USED, IS ABANDONMENT AN OPTION? YES ___ NO ---"",X__ 2 ATTACHMENT A Supplemental Agreement to Master Agreement Governing Transportation Major Capital Improvement Projects DESIGN AND CONSTRUCTION CRITERIA PROJECT NAME: Arapaho Road, Phase m PAVEMENT STRUCTURE DESIGN WHEEL LOAD 2.700.000 Equivalent 18.000 Ib single axle loads BUS AND HEAVY TRUCK TRAFFIC YES _-"'X'--__ NO _____ ROADWAY CLASSIFICATION MINIMUM PAVEMENT STRUCTURE TIllCKNESS: 8" MINIMUM PAVEMENT BASE OR SUBGRADE TIllCKNESS: 6" DESIGN SPEED 45 MPH POSTED SPEED 40 MPH MEDIANS MEDIAN WIDTH 15' (F-Fi ANY MID BLOCK OPENINGS TO CONSIDER? YES 􀁾􀁘􀀢􀀭􀀭􀁟􀀠 NO ANY SIDE STREETS TOO CLOSE FOR OPENING? YES__ NO X STANDARD TURN LANE WIDTH STANDARD NOSE WIDTH 3 ATTACHMENT A Supplemental Agreement to Master Agreement Governing Transportation Major Capital Improvement Projects DESIGN AND CONSTRUCTION CRITERIA PROJECT NAME: Arapaho Road, Phase m DRIVEWAYS: MAXIMIMUM RESIDENTIAL GRADE N/A MAXIMIMUM COMMERCIAL GRADE =5%",-0_ MINIMUM COMMERCIAL DRIVEWAY WIDTH 26' B-B SIDE STREET CONSIDERATIONS: TURNING RADIUS, MINIMUM 20' PAVEMENTTIDCKNESS 6"-8" COMMERCIAL DRIVEWAY THICKNESS __"-____ DRAINAGE TOPICS STORM SEWER DESIGN CRITERIA: TxDOT CITY X HYDRO-35 􀀭􀁾􀀢􀀧􀀭􀀭􀀭􀀭􀀭 TP-40 INLET DEPTHS (APPROPRIATE FOR PAVEMENT TIDCKNESS) 4 ' MINIMUM COVER LATERALS 2 '. BRIDGESIBOX CULVERTS INVOLVED 􀁙􀁅􀁓􀁾􀁘􀁾􀁟􀀠 NO ___ 100 YEAR FLOOD PLAIN CONSIDERATION IT FREEBOARD 4 ATTACHMENT A Supplemental Agreement to Master Agreement Governing Transportation Major Capital Improvement Projects DESIGN AND CONSTRUCTION CRITERIA PROJECT NAME: Arapaho Road, Phase m PERMITS COE404PERNUTS NEEDED YES NO X lNRCC 401 PERNUT YES NO X CDCPERNUT YES NO X EIS YES NO X ADAPERNUT YES X (If> $50,000 ofpedestrian facilities) NO ANY OTHER PERNUTS FROM OTHER AGENCIES SUCH AS TXDOT, DFW AIRPORT, DART ETC,? 􀁾􀁓􀀠X 􀁜􀁾􀁒􀁖􀀠 'uu--_' UTILITIES /' V.p 􀁾􀁜 IrnJ ? . l)G-UO: 'II LIST OF ALL KNOWN UTILITIES , \ 1 U;"l dli'S TXU gas and electric D0,,,,( lM I.VM U AT&T Southwestern Bell DOCUMENT KNOWN RISKS (TRA lines, Transmission Towers, Lone Star Gas Valve Stations) FOR OUR UTILITY PARTNERS: ARE UTILITIES ON EXISTING STREET RO,W,? NIA DO UTILITIES OWN THEIR RO.W. OR HAVE PREVIOUS EASEMENTS? YES HAS WORK ORDER BEEN ISSUED FOR SUE (Subsurface Utility Engineering) ? No 5 Document #: 993580 ATTACHMENT A Supplemental Agreement to Master Agreement Governing Transportation Major Capital Improvement Projects DESIGN AND CONSTRUCTION CRITERIA PROJECT NAME: Arapaho Road, Phase m ANY UNUSUAL CONSIDERATIONS? _---"M-'-'O"------___--'R-O-W ACQUISITION RIGHT OF WAY CONSTRAINTS, IF ANY, PROVIDE A LIST AND DESCRIPTION ALONG WITH DATA FOR RISK ASSESSMENT: ANY NON-ROUTINE, i.e., CEMET ARY, JUNK YARD, OLD CHURCHES, SERVICE STATIONS, CONTAMINATED SOILS, LANDFILLS, NOISE WAIL CONSIDERATIONS, TRAILER PARKS, TREE ORDINANCES? YES X NO ___ ANY NON-CONFORMING ISSUES? YES --::-::--_ NO X R-O-W MAP NEEDED YES X NO FIELD NOTES NEEDED YES X NO R-O-W PLATS NEEDED YES X NO RELOCATION ASSISTANCE INVOLVED YES NO X PARKINGILOSS OF PARKING CONSIDERATIONS YES X NO HISTORICAL SITE CONSIDERATION YES NO X 6 ATTACHMENT A Supplemental Agreement to Master Agreement Governing Transportation Major Capital Improvement Projects DESIGN AND CONSTRUCTION CRITERIA PROJECT NAME: Arapaho Road, Phase ill USUAL CITY TOPICS OF CONCERN DESIGN STANDARDS TO BE USED? ORDER OF PRECEDENCE OF STANDARDS. NCTCOG Standard Specifications (or Public Works Construction & Town ofAddison Standard Construction Specifications: Addison, AUXILIARY LANES? NO PROVISIONS FOR FUTURE WIDENING? NO LANDSCAPING? --"YE.""",-S___ EXPOSED AGGREGATE DRIVEWAYS, SIDEWALKS? NO STAMPED/COLORED CONCRETE? YES IRRIGATION? YES. BRICK PAVERS? YES STREET LIGHTING? XES. TRAFFIC SIGNALS? Yes PAVEMENT MARKINGS? Yes. BIKE LANES (EXTRA WIDTH)? No NEW SIDEWALKS ? Yes BUS TURNOUTS? No. BUS STOPS OR BUS SHELTERS? No. WATER UTILITY BETTERMENTS? Minor water line extension. WATER UTILITY RELOC.? Yes 7 ATTACHMENT A Supplemental Agreement to Master Agreement Governing Transportation Major Capital Improvement Projects DESIGN AND CONSTRUCTION CRITERIA PROJECT NAME: Arapaho Road. Phase m SAN. SEWER BETTERMENTS? NO SAN. SEWERRELOC.? NO RET AINING WALLS? Yes (STONE, BLOCKS, GABIONS, PROPRIETARY TYPES) SOD, SEEDING, TOPSOIL? Block Sod on all improved areas. ri 􀁾􀀠{2 -' u.J Ii􀁾􀁲􀁉􀀭􀁓􀀠 'I1.)1r"l "'IX'::> 􀁾􀀧􀁪􀀭 ? DRAINAGE IMPROVEMENTS? Install only one storm sewer trunk with laterals crossing under trom opposite side inlets. Also. utilize velocity dissipaters at outfall end ofthe two cross-, drain structures. RR CROSSING IMPROVEMENTS? Yes GRADE SEPARATIONS? RAMPS OR CONNECTORS TO TXDOT FACILITIES? NO SPECIAL SCHOOL OR EMERGENCY VEHICLE CONSIDERATIONS ANY NEARBY OR ADJACENT SCHOOLS, CITY HALL, FIRE OR POLICE DEPARTMENT REQUIRING SPECIAL CONSIDERATION? NO DOCUMENT POTENTIAL SITES FOR PUBLIC AND OR NEIGHBORHOOD MEETINGS. The Stone Cottage 4901 Addison Circle Road PUBLIC INVOLVEMENT CITY COUNCIL APPROVAL OF ALIGNMENT, REQUIRED? YES 􀁾􀁘􀀢􀀧􀀭􀀭􀁟􀀠 NO __ HAVE ALL NEIGHBOR GROUPS PROVIDED EARLY INPUT? YES NIA NO __ NEIGHBORHOOD MEETING, REQUIRED YES NIA NO ___ 8 Dorumenl #; 998580 ATTACHMENT A Supplemental Agreement to Master Agreement Governing Transportation Major Capital Improvement Projects DESIGN AND CONSTRUCTION CRITERIA PROJECT NAME: Arapaho Road;, Phase m IF REQUIRED WHO CONDUCTS, CITY OR COUNTY? City lead with County participation CONSTRUCTIBILITY REPORT FROM INSPECTION STAFF, DOCUMENT ANY AND ALL ISSUES THAT MAY AFFECT PROJECT SCOPE, BUDGET, CONSTRUCTIBILTY, THE PROJECT SCHEDULE AND/OR THE SAFETY OF PROJECT? ) 9 Steve Chutchian From: Washington, Angela [awashington@cowlesthompson.coml Sent: Tuesday, April 16, 2002 9:08 AM To: 'schutchian@cLaddison.lx.us' Cc: jpierce@cLaddison.lx.us; DIPPEL, KEN Subject: FW: Master Agreement Goveming Transportation Improvements Steve: We are ready, but I am not sure the County is. I received a letter from Bowen Weems on April 2, 2002 (just after Jim sent his e-mail to Don Holzwarth)enclosing a final draft. The letter asked that I call or e-mail him if the document was satisfactory and he would furnish me a final document. Below is my e-mail sent the next day, April 3, 2002, approving the draft and requesting the final document. I have not yet received that document. I have called Mr. Weems and I have left a message this morning. I plan to keep calling today until I get him. I do not know or understand what the hold up is. I will keep you posted. -----Original Message----From: Washington, Angela Sent: Wednesday, April 03, 2002 4:08 PM To: 'Bowen Weems' Cc: 'jpierce@ci.addison.tx.us'; us'; Steve Chutchian (E-mail); DIPPEL, KEN; dholzwarth@dallascounty.org; SCamarillo@dallascounty.org; 'JFerguson@dallascounty.org' Subject: Master Agreement Governing Transportation Improvements Dear Mr. Weems: Yesterday, April 2, 2002, I received the draft document for the above-referenced agreement. I have reviewed it and it is satisfactory to the Town of Addison. Please forward the final document at your earliest convenience so that we may schedule it on the council's agenda. Thank you for your assistance in this matter. Sincerely, Angela K. Washington 1 CJr7Vf!.sT 􀁖􀁾􀁓􀀦􀀢􀁮􀀮􀀮􀀭􀀭 STATE OF TEXAS COUNTY OF DALLAS § § § 2-(2-S-/c?L MASTER AGREEMENT GOVERNING TRANSPORTATION MAJOR CAPITAL IMPROVEMENT PROJECTS THIS MASTER AGREEMENT is made by and between the Town of Addison, 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 InterJocal Agreement, hereinafter called MASTER AGREEMENT, for the purpose ofTransportation Improvements on roads inside Dallas County that are on the North Central Texas Council of Government's Regional Thoroughfure 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 of2006 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, 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; 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 shan mean the Town ofAddison, County ofDallas, State ofTexas. e) COUNTY shall mean the County ofDallas, State ofTexas. 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 compensation of employees for the time devoted and identified specifically to the performance ofthe project or program, cost ofmaterials 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 DISCUSSION DRAFT -MASTER AGREEMENT-2-I4-02 -Page I cany out the project including, but not limited to, design, right-of-way, road or street drainage, utility relocation and adjustment and . coustruction. 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. 1) INDIRECT COSTS shall mean those costs which have been incurred fur common or joint pwposes. These costs benefit more than one cost objective and cannot be readily identified with a particular final project or program cost objective without efibrt disproportionate to the resuhs achieved. g) INTERLOCAL AGREEMENTS shall mean contracts or agreements entered into between CITY and COUNTY in accordance with Texas Government Code Chapter 791. b) 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 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 ofthe 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 ofthe PROJECT. Such Right-of-way shall include hoth the existing street, road, drainage or other CITY or COUNTY real property ownership and all additional real property to be utilized for the PROJECT. I) PREDESIGN CBARRETTE shall mean a meeting of decision-making ST AKEHOWERS 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 fur assuring Project Team coordination and timely project delivery. There will be only one PROJECT MANAGER assigned to a PROJECT. 0) PROJECT TEAM shall mean representatives from COUNTY, CITY, and other STAKEHOLDERS as may be mutna1ly agreed upon by COUNTY, CITY and STAKEHOLDER or otherwise with responsibility for delivering the completed PROJECT. 0) PROJECT(S) shall mean the road improvements approved by the COUNTY fur inclusion in the Transportation Major Capital Improvements Program approved by the Commissioners Court and approved by the CITYand/or other applicable STAKEHOLDERS. DISCUSSION DRAFT· MASTER AGREEMENT-2·14·02 -Page 2 p) ROAD or STREET AMENITY shall mean PRomCT features not included in the STANDARD BASIC PROmCT 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 PROmCT DESIGN or any increase in capacity in excess ofCOUNTY detennined 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 PROmCT. Such Right-of-way shall include both the existing street, road, drainage or other CITY or COUNTY real property ownership and aU additional real property to be utilized for the PROmCT. 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, puU boxes, conduit, sidewalks, medians, storage/turn lanes, acceSS, required structural retaining waDs 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 responsihilities 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 PROmCT. u) TxDOT shall mean the Texas Department ofTransportation. 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 or operated by CITY which require relocation or adjustment for the purpose of the construction of the PROmCT as identified by PROJECT plans. x) UTILITY IN PUBLIC RIGHT-OF-WAY shaH mean all UTILITIES located within the limits of the PROmCT by virtue ofTexas or Federal Law or agreement between the entity and the CITY. y) UTILITY IN PRIVATELY OWNED RIGHT-OF-WAY shall mean aU UTILITIES, excluding CITY UTILITIES, whose facilities are located within the limits of the PROmCT by virtue ofsatisfactorily documented pre-existing real property ownership. z) UTILITY BETTERMENT shall mean any increase in the capacity of any UTILITY'S Facility adjusted or relocated as a part ofthe PROJECT as compared to the existing Facility, or DISCUSSION DRAFf -MASTER AOREEMENT-2-14-02 -Page 3 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. 1his 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''). 1his 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 often (10) years, whichever shall first occur. ARTICLE m. AMENDMENTS This Master Agreement may be amended with the mutual consent ofthe 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. TERMINAnON A. This MASTER AGREEMENT may be terminated by any ofthe following conditions: (1) By expiration ofterm ofthe agreement. (2) By mutual written consent and agreement ofCOUNTY and CITY. (3) By either party, by notice in writing establishing the effective date oftermination to the other party as consequence of the party being in default ofthe provisions of this Agreement or any SUPPLEMENTAL AGREEMENT ortailure to timely provide.funding,.with proper allowances being made for circumstances beyond the control ofthe 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 AGREEMENTS made under this MASTER AGREEMENT shall not be terminated and shall automatically incorporate all the provisions ofthis 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 perfurmed or that shall become due and payable due to such termination. The LEAD AGENCY, to the extent permitted, DISCUSSION DRAFT • MASTER AGREEMENT-2·14·02 -Page 4 may termiilllte 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 Jor the PROJECT. D. Ifthe PROJECT is terminated by the CITY prior to the award ofany 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 maybe entitled to receive under the existing professional . services or other project contracts or agreements. . Sucli amount shall be included in the final accounting fur 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 let, with the approval of the other party, the SUPPLEMENTAL AGREEMENT for that PROJECT cannot be terminated until completion ofthe 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 transrer 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 aU 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 oftermination. H. Provisions B through G will survive the termination of this MASTER AGREEMENT and any SUPPLEMENTAL AGREEMENT and shall be a continning obligation until the transition of services, aU 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 ofsuch an occurrence the time for performance ofsuch obligations or duty shall be suspended until such time that such inability to perform, shall be DISCUSSION DRAFT -MASTER AGREEMENT-2-14-02 -Page 5 removed. The party claiming the suspension shall give notice of such impediment or delay in performance to the other party within ten (10) days ofthe knowledge ofsuch occurrence. Each party shall make all reasonable efforts to mitigate the effects ofany suspeusion. ARTICLE V. INDEMNIFICATION COUNTY and CITY agree that both COUNTY and CITY shall each be responsible fur their oWn negligent acts or omissions or other tortious conduct in the course ofperformance.oftbis MASTER AGREEMENT, without waiving any sovereign or governmental immunity available to either COUNTY or CITY under Texas law and without waiving any available defunses under Texas Jaw. Nothing in this paragraph shall be construed to create or grant any rights, contractual or otherwise, in or to any third persons or entities. ARTICLE VI. NOTIFICATION A. WHEN NOTICE IS PERMITTED OR REQUIRED BY THIS MASlER 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 FOLWWS: 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: DIRECTOR OF PUBLIC WORKS TOWN OF ADDISON P.O. BOX 9010 ADDISON. TX 75001-9010 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: DISCUSSION DRAFT -MASTER AGREEMENT-2-14-02 -Page 6 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 prererred 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 (500/0/50%), or as otherwise agreed upon cost sharing arrangement as specified in a SUPPLEMENTAL AGREEMENT with the following exclusions: CITY shaD bear the entire cost of: l. CITY owned utilities relocation or adjustment such as water and sanitary sewer :fucilities, except utility adjustments directly attributable to storm sewer improvement contlicts; 2. ROAD or STREET AMENITIES including but not limited to street pavers, colored concrete, planters, 􀁤􀁥􀁣􀁯􀁲􀁡􀁴􀁩􀁶􀁾􀀠lighting, special signage, or any other feature over the STANDARD BASIC PROJECT DESIGN; 3. UTIUTY 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 andlor other legal means, to the maximum extent possible, and to ensure through the building permitting process that legally required setbacks are adhered to in order 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 ofway 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 contlict. 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 ofthe project in the agreed upon proportions. CITY hereby grants COUNTY authority to enter into eminent domain proceedings within the city limits on specific right-of-way aligrunents approved by both the CITY and COUNTY where COUNTY is LEAD AGENCY or where COUNTY by mutual agreement between the parties has the responsibility to acquire the right-of way for the PROJECT. 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 andlor relocate said Utilities as required by the proposed improvement of the designated transportation DISCUSSION DRAFT -MASTER AGREEMENT-2-14-02 -Page 7 Project. CITY Utilities shall be relocated or adjusted at no cost to COUNTY except as may be specifically set forth in this MASTER AGREEMENT or any SUPPLEMENTAL AGREEMENT. L CITY agrees to fully cooperate on issues relating to billboards, advertising signs, nonconforming uses, zoning and similar restrictions and to exercise its best efforts to provide variances when possible to minimize cost and delay of PROJECT. AddiIiefial PROJECT eest. saused er eeatril:ltlted Ie by CITY enlifl'aa6e, zeniBg, nell eenffil'miag. lise detel'miootiell er ether reEjliiremeat shall be paid in fu.II by CITY. Additional PROJECT costs caused or contributed to by non-conforming use determinations, or adoption of or changes to ordinances. er-laws or other requirements made by either party subsequent to execution of the SUPPLEMENTAL AGREEMENT for the PROJECT shall be borne in full by the party making such determination, adoption or change. Nothing in this paragraph shall be construed to restrict the CI1Y's zoning or other police power authority, or to restrict the CI1Y's Board ofAdjustment in the exercise ofits authority. F. To the extent allowed by law, including, but not limited to, all contracts, franchise agreements, or other legal means, CITY shall require the adjustment andlor 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 adjnsted or relocated and the right-or-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 ofconstruction on the PROJECT. PROJECT. G. Where new storm drainage mcilities are in conllict with CITY owned water and sanitary sewer systems, and the storm sewer design cannot be modified, after submission of an acceptable schedule ofwork 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 hoodred percent (100%) of any BETTERMENTS. Except as provided herein, all costs for adjustment andIor 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 mcility shall be at the entire cost ofCITY. 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 ofthe project, CITY shall bear the entire cost ofremoval or relocation ofsaid 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, DISCUSSION DRAFT. MASTER AGREEMENT-2-14-02 -Page 8 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 apart 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 fur any CITY requested discretionary change, including, but not limited to STREET AMENITIES AND UTILITY BETTERMENTS, in or addition to the design or construction ofthe project subsequent to the City opportunity to review the sixty five percent (65%) design plans. M. Provide at CITY's cost fur the continuing maintenance of all PROJECT ROW, such as mowing, drainage, trash removal, etc., during the period between acquisition and construction. 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 fur 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 ofSTANDARD 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 as may be set forth in the SUPPLEMENTAL AGREEMENT as determined by mutual consent. . ARTICLEvrn. UTILITY IMPACTS A. In cases where a UTILITY IS LOCATED IN A PRIVATELY OWNED RIGHT-OFWAY, and it is necessary to relocate the fucility 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 andlor adjustment of said utility to the PROJECT. DISCUSSION DRAFT -MASTER AGREEMENT-2-14-02 -Page 9 B. In cases where a UTILITY IN PUBLIC RIGHT-OF-WAY, excluding CITY UTILITIES, occupies any portion of the PROJECT RIGHT-OF-WAY by TeXllS 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 and COUNTY shall use their best efforts and take aU 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 prelhninary 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 ofway acquisition. B. To provide as a PROJECT Cost for the construction oftransportation 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 standards· and/or design criteria shall require prior approval of CITY. Where CITY standards do not exist, TxDOTstandards 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 ofthe 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, Domain, of the necessary additional right of way, on designated projects, in accordance with minimum standard DISCUSSION DRAFT -MASTER AGREEMENT-2-14-02 -Page 10 requirements and utilizing existing public right of way to the maximum extent possible as a PROJECT cost. 1. To require all contractors to secure all necessary permits required by CITY on said construction projects. 1. To furnish record drawings ofconstruction plans fur the permanent records ofCITY within twelve (12) months upon completion and acceptance of the transportation improvement PROJECT. . K. In and fur Ten Dollars ($10.00) and other good and valuable consideration, including the future obligation of maintenance, operation, control and acceptance of liability therefur to transfer, by QuitClaim 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 fur 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 mutuaIly agreed between the parties and incorporated in a SUPPLEMENTAL AGREEMENT. ARTICLEX. 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 identitY 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 wlUch outlin!lS the identified roles and scope for the Project. ARTICLE XI. FUNDING A. CITY and COUNTY mutuaIly 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"/0) oftile 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 DISCUSSION DRAFT· MASTER AGREEMENT-2-14-02 -Page 11 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"/0) 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 (I) preliminary and primary design (2) right-of-way acquisition and uti1ity 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 ofthe milestone. Upon coinpletion of the milestone, the nonmanagement 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 ofthe PROJECT cost. 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 ofthe 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 ofreceipt ofsuch 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 xn. NO TBIRD-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 OTY and COUNTY and nothing contained in this Agreement shall give or allow any claim or right ofaction 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 DISCUSSION DRAFT -MASTER AGREEMENT-2-14-02 -Page 12 benefits under this agreement sball be deemed an incidental beneficiary only. This Agreement is intended only to set forth the contractual right and responsibilities ofthe agreement parties. ARTICLExm. RIGHT OF ENTRY The CITY agrees that COUNTY shallhave 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 iequestedBY 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 expressly made subject to County's Sovereign Inunuoity, Title 5 of Texas Civil Practice and Remedies Code, and all applicable State ofTexas 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 sball remain in full force and effect. D. DefaultlWaiyerlMitigation.It is not a waiver of demultif the non-demulting ,party fails to declare innnediately a defu.uIt or delays in taking any action. Pursuit ofany remedies set forth in this Agreement does not preclude pursuit ofother 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, reguIation, grant, contract provision or other State ofTexas 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. DISCUSSION DRAFT -MASTERAGREEMENT-2-14-02 -Page 13 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 ofsuch 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 verS/!, unless the text clearly requires otherwiSe. . H. Countemarts. This AGREEMENT may be executed in multiple counterparts, each of which shall be deemed an original, but all ofwhich shall constitute one and the same instrument. The Town of Addison. State of Texas, has executed the Agreement pursuant to duly authorized City Council Resolution , Minutes Dated the __day of ,200_. The County of Dallas, State of Texas, has executed this agreement pursuant to Commissioners Court Order Number and passed on the __day of _____ 200_, TOWN OF ADDISON COUNTY OF DALLAS, TEXAS COUNTY OF DALLAS, TEXAS BY: BY: BY: RON WHITEHEAD, CITY MANAGER LEE JACKSON, COUNTY JUDGE DATE: DATE: ________ ATTEST: BY: 􀁡􀁔􀁾􀁙􀁾􀁓􀀽􀁅􀁾􀁃􀀽􀁒􀁅􀀽􀀽􀁔􀀷􀁁􀁒􀁾􀁙􀁾􀀭􀀭􀀭 APPROVED AS TO FORM: APPROVED AS TO FORM: BY: BY:--::___--:::--__-:=--:---=-:-__ 􀁃􀁉􀁔􀁙􀁾􀁁􀁾􀁔􀀽􀁔􀀽􀁏􀀽􀁒􀁎􀁅􀁾􀁙􀁾􀀭􀀭􀀭􀀭􀀭􀀭 Janet Ferguson, Deputy Chief, Civil Section DaUas County District Attorney's Office DISCUSSION DRAFT -MASTER AGREEMENT-2-I4"{)2 -Page 14 Steve Chutchian From: Sent: To: Subject: Washington, Angela [awashington@cowlesthompson.comJ Wednesday, October 03, 2001 6:09 PM Steve Chutchian (E-mail};.jpierce@ci.addison.tx.us.; 'dholzwarth@daUascounty.org'; 'arobinson@dallascounty.org'; 'bweems@dallascounty.org'; 'SCamarillo@dallascounty.org' Master Agreement Governing Transportation Improvements Master Agreement Enclosed is a red-lined draft showing the changes made at our meeting this morning. The language regarding the City granting eminent domain authority to the County is a little different from what we hammered out. Basically, I placed the language we came up with at the end of the sentence instead of at the beginning. If you have any questions or disagreements with the way I phrased the changes, please let me know. Angela Washington <ooJment tI: 9J07l:IO 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 ofthe project schedule. G. To submit final engineering plans for review and written approval by CITY at least thirty (30) days prior to advertising fur construction. H. To provide fur the acquisition, including acquisition by Eminent Domain, of the necessary additional right of way, on designated projects, in accordance with minimum standard reqwrements and utilizing existing public right of way to the maximum extent possible as a PROJECT cost. L To require all contractors to secure all necessary pennits required by CITY on said construction projects. J. To furnish record drawings of construction plans for the permanent records ofCITY 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 transfur, by QuitClaim 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 fur 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. ARTICLEX. 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. MASTER AGREEMENT-11110/00 -Page 11 Doanur:ut{J;930780 ARTICLE XL 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 accountiog 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"10) 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 of CITY UTILITIES, UTILITY BETTERMENT, INDIRECT COST, DIRECT COST not supported by detailed hourly accountiog 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 ofthe 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 fur periodic payments for the actual amount of work completed toward the completion ofthe milestone. Upon completion of the milestone, the nonmanagement party 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 ofthe non-awarding party's portion ofthe PROJECT cost 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 accountiog ofthe PROJECT. In the event that the amount paid by eitber party exceeds its portion ofthe 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 witbin thirty (30) days ofreceipt ofsuch billing. D. If CITY elects to manage PROJECT, COUNTY will reimburse CITY based on invoices fur actual costs expended in accordance with COUNTY invoicing policy. MASTER AGREEMENT-llIIO/OO -Page U E. Upon execution of a SUPPLEMENTAL AGREEMENT, CITY shall escrow an amount adequate fur initial project costs which COUNTY may use to pay for initial professional services required for scoping, preliminary, and primary design. ARTICLEXD. NO TBIRD-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 ofthe agreement parties. ARTICLEXllI. RIGHT OF ENTRY The CITY agrees that COUNTY shall have the right to enter upon the PROJECT area fur the time period necessary fur 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 furnisbed with a list of the potential PROJECTS as approved by the Dallas County Commissioners Courts, 􀁳􀁵􀁾􀁥􀁣􀁴􀀠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 expressly made subject to County's Sovereign Immunity, Title 5 of Texas Civil Practice and Remedies Code, and all applicable State ofTexas and Federal laws. B. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto and may not be modified except by an instrmnent 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 affucted or impaired, and such remaining provisions shall remain in full force and effect. MASTER AGREEMENT-11110/00 -Page 13 D. DefaultlWaiverlMitigation. 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 furth 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 ofTexas 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 inteIpretation or construction ofsuch 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 singnlar shall include the plural and vice versa, unless the text clearly requires otherwise. H. Counterparts. This AGREEMENT may be executed in multiple counteIparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The Town of Addison, State of Texas, has executed the Agreement pursuant to duly authorized City Council Resolution , Minutes Dated the __day of , 200_ • The County of Dallas, State of Texas, has executed this agreement pursuant to Commissioners Court Order Number and passed on the __day of _____, 200_. BY: BY; RON WmTEHEAD, CITY MANAGER LEE JACKSON, COUNTY JUDGE DATE: DATE: ______________ MASTERAGREEMENT-lI/\O/OO -Page 14 TOWN OF ADDISON COUNTY OF DALLAS ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY John Dahill, Advisory Chief, Civil Section Dallas County District Attorney MASTER AGREEMENT-11110100 -Page 15 W. BOWEN WEEMS ASSISTANT DISTRICT ATTORNEY CRIMINAL DISTRICT ATIORNEY'S OFFICE DALlAS couNTY, TEXAS (214) 653·7358 ADMINISTRATlON BUILDING FAX: (214) 653-6134 411 ELM SmEET EMAil: bweems@dallascounty .org DALLAS. TEXAS 75202 DEPARTMENT OF PUBLIC WORKS 411 ELM STREET. 3AD FLOOR DALLAS, TEXAS 75202 SELAS CAMARillO, P.E., A.P.l.S. ASSISTANT DIRECTOR·PROPERTY DIVISION PHONE: (214)653-6400 EMAIL: SCamarlllo@dallascounty.org FAX: (214) 653-6517 COWLES &THOMPSON A Professional Co'rporation ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.672.2144 AWASHfNGTONOCOWLESTHOMPSON.COM August 31, 2001 Mr. John ahill Dallas ounty District Attorney's Office Civil ivision 43 . Industrial Blvd. L ckBox 19 allas, Texas 75207 RE: Master Agreement Governing Transportation Major Capital Improvement Projects Town of Addison Dear Mr. Dahill: As we discussed, I have prepared a redlined draft of suggested changes to the Master Agreement Governing Transportation Major Capital Improvement Projects. It is enclosed along with a clean copy of same. Please let me know if the changes are acceptable to you. If you have any questions, please give me a call. Sincerely, 􀁾􀁽􀀨􀀮􀁯􀁃􀁪􀁾􀀠 Angela K. Washington AKW/yjr Enclosures c: jMr. Steve Chutchian, wlTown Mr. Ken C. Dippel, City Attorney w/firm 901 MAIN STREET SUITE 4000 DALLAS. TEXAS 75:<'02·}793 DALLAS T Y L E R TEL 214.bi2.2000 FAX 214.612,202:0 STATE OF TEXAS § § COUNTY OF DALLAS § MASTER AGREEMENT GOVERNING TRANSPORTATION MAJOR CAPITAL IMPROVEMENT PROJECTS TIllS MASTER AGREEMENT is made by and between the Town of Addison, 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. WITNESSETII 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, 200S, 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 Govemment Code, as amended, provides authorization for local governments to enter into interlocal agreements; 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 Town of Addison, County of Dallas, State of Texas. c) COUNTY shall mean the County ofDallas, 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 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 MASTERAGREEMENT-Il/l0/00 Page 1 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 ofthe 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 Govermnent 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 ofthe 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. I) 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. MASTER AGREEMENT-11110100 -Page 2 Oixumenl #: 930780 0) 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 limitea 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. 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/tum lanes, access, required structural retaining walls and standard driveways excluding ROAD OR STREET AMENITmS, 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 govermnental or quasi-govermnental entity making a financial contribution to the PROJECT. n) TxDOT shall mean the Texas Department ofTransportation. v) UTILITIES shall mean each City Utility, public utility, common carrier, govermnental or quasi-govermnental 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 ail UTILITIES located within the limits ofthe PROJECT by virtue of Texas or Federal Law or agreement between the entity and the CITY. MASTER AGREEMENT -11/10/00 -Page 3 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. z) 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"). 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 tenninated as provided in Article IV (Termination) or the expiration often (J 0) 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 tenninated by any ofthe following conditions: (1) By expiration ofterm ofthe 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 ofthe party being in defuult ofthe provisions of this Agreement or any SUPPLEMENTAL AGREEMENT or fuilure to timely provide funding, with proper allowances being made for circumstances beyond the control ofthe defaulting party. (4) By either party with ninety days written notice to the other party. MASTER AGREEMENT-11110/00 -Page 4 B. Should either party terminate this MASTER AGREEMENT as herein provided, all existing, fully executed SUPPLEMENTAL AGREEMENTS 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 PROmCT, no additional Costs shall be incurred other than Costs due and payable at the time oftermination 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 PROmCT, and prepare a final accounting for the PROmCT. D. Ifthe PROmCT is terminated by the CITY prior to the award of any construction contract and the PRomCT is located within the CITY limits, CITY shall pay to COUNTY the full amount expended by COUNTY on the PROmCT 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 PROmCT. 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 let, with the approval of the other party, the SUPPLEMENTAL AGREEMENT for that PROmCT cannot be terminated until completion of the construction. F. In the event that a PRomCT 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 PROmCT MANAGER will furnish to the completing party a listing of current records pertaining to any outstanding obligations or other records or information required by 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 oftermination. 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 PROmCTS 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. MASTERAGREEMENT-Il/IOl00 PageS 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. 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 MASTER AGREEMENT -1111 0/00 -Page 6 Docwnent #: 9307BO C. ALL NOTICES AND CORRESPONDENCE FROM COUNTY TO CITY SHALL BE MAILED OR DELIVERED BY HAND AS FOLLOWS: DIRECTOR OF PUBLIC WORKS TOWN OF ADDISON P.O. BOX 9010 ADDISON. TX 75001-9010 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%/50%), 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; 3. UTILITY BETTERMENTS and ROAD or STREET 􀁁􀁍􀁅􀁎􀁉􀁔􀁉􀁅􀁓􀁾􀀠 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 legally required setbacks are adhered to in order to limit encroachment upon the required right of way. CITY agrees to fund ROW not acquired but reasonably expected MASTER AGREEMENT -11110/00 -Page 7 Documen! II: 930780 to be. CITY also agrees to fund the removal of improvements that are encroachments within existing or proposed right ofway 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 agrees that it will consider granting 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 or any SUPPLEMENTAL AGREEMENT. E. CITY agrees to timely schedule and consider issues relating to billboards, advertising signs, non-conforming uses, and zoning and similar restrictions that require action by the governmental body or any administrative body of CITY to avoid delay of PROJECT or increase in PROJECT cost. Additional PROJECT cost caused or contributed to by CITY's failure to timely schedule and consider such matters shall be paid in full by CITY. F. To the extent allowed by law, 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. G. Where new stonn drainage facilities are in conflict with CITY owned water and sanitary sewer systems, and the stonn sewer design carmot be modified, after submission of an acceptable schedule ofwork 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 ofCITY. MASTER AGREEMENT -11110100 -Page 8 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 ofremoval or relocation ofsaid 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, gnidelines, 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/completi on 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 finther 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. 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. MASTER AGREEMENT -11/10/00 -Page 9 Documem II: 930780 ARTICLE VIII. UTILITY IMPACTS A. In cases where a UTILITY IS LOCATED IN A PRIVATELY OWNED RIGHT-OFWAY, 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 to the extent practicable, 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 fur approval, prior to proceeding with the final design and any right ofway acquisition. B. To provide as a PROJECT Cost for the construction of transportation improvements based upon design criteria confurming 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 standards andlor 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. MASTERAGREEMENf-ll/10/OO-Page 10 E. Upon receipt ofwritten 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 fur 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 ofconstruction plans for the permanent records ofCITY 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. ARTICLEX. 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 . MASTERAGREEMENT-ll/lO/OO-Page 11 Document 1/; 9J{)780 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 fimd 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 fimding in excess of the PROJECT not-Io-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 fimd 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 slated 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 fimd its share of the respective milestones by placing that amount of money in an escrow account or otherwise encmuber the fimds to insure that the LEAD AGENCY will have sufficient fimding 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 nonmanagement party will be fumished a notice that such work has been completed and the amount of fimding 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 fimding has been placed in escrow or encmubered 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 and COUNTY agree to either reduce the scope of construction or seek additional fimding 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 fimds are due, the LEAD AGENCY will bill the other party who agrees to pay such fimds within thirty (30) days ofreceipt of such billing. MASTER AGREEMENT -11110/00 Page 12 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 TruRD-PARTY BENEFICIARY ENFORCEMENT It is expressly understood and agreed that enforcement of the tenns 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 contractusl right and responsibilities ofthe agreement parties. ARTICLE XIII. 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 persormel 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 expressly made subject to County's Sovereign Immunity, Title 5 of Texas Civil Practice and Remedies Code, and all applicable State ofTexas and Federal laws. B. Entire Aveement. 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. MASTERAGREEMENT-Il/IO/00-Page 13 DoeunteJlt II: 9l(781) 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. DefaultlWaiverlMitigation. 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. Govemment funding and any statute, rule, regulation, grant, contract provision or other State of Texas or U. S. Govemment 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 ofsuch 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. Article XVI. SUPPLEMENTAL AGREEMENTS BETWEEN COUNTY AND CITY With the COUNTY'S adoption of Court Order No. 2000-2117 (the "County Order"), the COUNTY has approved certain PROJECTS located within the CITY (the "City Projects"). It is anticipated by this Agreement, that the CITY will proceed with the funding, design, and construction of the City Projects, and that the COUNTY will reimburse the City a percentage of the design and construction costs as set forth in the County Order, not to exceed the maximum amounts shown therein, unless otherwise agreed by SUPPLEMENTAL AGREEMENT between the parties. Any SUPPLEMENTAL AGREEMENT shall reflect such reimbursement and such other terms and conditions as the parties may agree upon. The Town of Addison, State of Texas, has executed the Agreement pursuant to duly authorized City Council Resolution Minutes Dated the __day of , 200_ • The County of Dallas, State of Texas, bas executed this agreement pursuant to Commissioners Court Order Number and passed on the __day of _____, 200 . MASTER AGREEMENT -11110/00 -Page 14 Oocwnent #: 9301110 TOWN OF ADDISON COUNTY OF DALLAS BY: BY: RON WHITEHEAD, CITY MANAGER LEE JACKSON, COUNTY JUDGE DATE: _______________ DATE: ________________ ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY Jobn Dabill, Advisory Chief, Civil Section Dallas County District Attorney MASTER AGREEMENT-II/I0/00 Page 15 Dao;;umcnt #: 9J(J780 DEPARTMENT OF PUBLIC WORKS 411 ELM STREET. 3RD FLOOR DALLAS. TEXAS 75202 SELAS CAMARILLO. P.E•• R.P.L.S. ASSISTANT DIRECTOfl·PROPEATY DIVISION PHONE: (214) 653-&400 EMAIL: SCamarilloOd.Rascounty.mg FAX: (214) 653-11517 I I I W. BOWEN WEEMS I ASSISTANT DISTRICT ATTORNEY CRIMINAL DISTRICT ATTORNEY'S OFFICE DALlAS COUNTY. TEXAS 1 AOMINISTRATlON aUILDING 411 ELM STREET (214) 553-7358 DALLAS. TEXAS 75202 i FAX; (214) 653.6134 EMAIL: bw 2./4.""$ 3."445 ;)14 c;:,S:S 7/5/::)/cj 6s-., to 7"'«')-, 172-t{fl?-2SS'6 '172-4-9-2,F3? 412.· 􀀩􀁾􀀠 zg1l> ! I. i #/'1 JI I.:Jt 'l 4)') 715/I.C3 -{PWsi ' I II I I i ,: , , PROJECT, the LEAD AGENCY will do a fmal 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. ARTiCLEXll. NO THlRD-P ARTY 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 ofaction 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 ofthe agreement parties. ARTICLE XllI. 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 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. MASTER AGREEMENT-11110/00 -Page 13 ,..-, Zq COURT ORDER ORDBRNO: 2000 2117 DATE: 0CT 1 7 2000 STATE OF TEXAS § COUNlY OF DALLAS § BE IT 􀁾􀁬􀁜􀁩􀀮􀁬􀁂􀁅􀁒􀁅􀁄􀀬􀀠at 11 resu1ar meetin,s of'the Commissioners Court of Dallas County, Texas, held on the ____ 􀀱􀀷􀁾_____d!lY o'C____..:____􀁏􀀻􀀺􀁴􀀮􀁣􀁉􀁾􀀮􀀡􀀮􀀮􀀮______• 2000, On motion made by Mike ttx'ell 􀁾􀁳􀀽 􀁾 􀁾􀁾􀀠 , and seoonded . by;nne A. 􀁍􀁡􀁾􀁌􀀿􀁳􀁴􀀮 114 •the following Order was adopted: WHEREAS" Commissioners Court was briefed on Ootoher 10, 2000 resarding ,ecommended TnmsportatiOll Improvemen\ Projects to be considered for funding from the Major Capital Development Fund for construction in fiscal , years 2004 tI\I'\l ;io07; and WHEREAS, 'continued and forecast popl.IJation and employment growth in Dallas COl.Inty places increasing demands on . the County's:surface transportation system; and WHEREAS, Dallas County has a long standing role in providing transportation system improvements for the benefit orits oitizw and the publio travelins in Dallas County; and WHEREAS, Dallas County desires to implement needed transportation system improvements in partnership with tho cities and other transportallOn agencies in Dallas County; and . WHEREAS.: the specific Transportation System Improvement Projects inoluded in the attached listing have been , identified thtough an extensive data gathering and evaluation process and in conjunotion with the Dallas County cities for flmding 􀁾􀁊􀁬􀁤.implementation in the IT 2001 -2007 time pcrlod; WHEREAS, it is thc intent ofthe Commissioners Court that the pro)eets included in the attached listinS be implemented with joint !\\ndin, by the County and the cities and other agenCIes, and that County participation be liImted to the percentJllcs 􀁾􀁨􀁯􀁷􀁮 in the listings, not to exceed the total County amounts shown for each project without prlOT approval of the Comnjiss\oners Court. IT IS tHEREFORE ORDERED. ADJUDGED, AND PECREED that the Dallas COllnty Comm!sllioners Court hereby approves tM specific projects identified in the attsohed listing for funding from the. Dallas County Major CapItal Development Fund in the peroentages and maximum amounts shown in the listing fOT County funding • 17th .. 􀁾􀀧􀁾􀀧􀀠 􀀮􀁌􀀭􀀭􀁁􀁾􀁾􀁾􀁾􀁾􀁾􀀺􀀺􀀺􀀺􀀺􀀡􀀮􀀠 Mikii Cantrell Commissioner, District #'1. 􀁾􀀠 Ie c , District #3 R.ecommended 􀁄􀁾􀀡􀁾􀀮􀀠 Director of'l'ublio Works i I I ! " J I J I 1, 1 I I i i I I 'I i • sa-d ." I, i ! 90-d 􀁓􀀾􀁬􀁾􀁏􀁍􀀠 OI.and <"-< r;;n,,-,.. r.I""rTTT.,...,..."""""""" .'. STATE OF TEXAS § COUNTY OF DALLAS § MASTER AGREEMENT GOVERNING TRANSPORTATION MAJOR CAPITAL IMPROVEMENT PROJECTS THIS MASTER AGREEMENT is made by and between the City of , 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 Intedocal 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 of2006 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 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_____-', County ofDallas, State of Texas. c) COUNTY shall mean the County ofDallas, State ofTexas. 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-11110/00 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. 1) 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. b) 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 ofthe PROJECT. k) PARCEL OR PARCELS shall mean those tracts ofland 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 fur the PROJECT. I) 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 ofthe 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. 0) 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 andlor 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 -1111 0100 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 marlcing, 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. (5)(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)(t) STAKEHOLDER shall mean any governmental or quasi-governmental entity making a financial contribution to the PROJECT. {u) (u) TxDOT shall mean the Texas Department ofTransportation. (v) UTILITIES shall mean each City Utility, public utility, common carrier, governmental or quasigovernmental facility, fiber optic facility, or other facility located within the limits ofthe 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 ofthe 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 . .!i} 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 shaH apply to utilities that are part of the project as well as the standard basic street components (See "STANDARD BASIC PROJECT DESIGN"). MASTERAGREEMENT-III10/00 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 often (10) years, whichever shall first occur. Article m. 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: 􀁡􀁾􀀨􀁬􀀩􀀠By expiration of term of the agreement. 􀁾􀀲􀀩􀀠By mutual written consent and agreement of COUNTY and CITY. ej(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. d)(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 ofthis 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 oftermination 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. Ifthe 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 MAS1ER AGREEMENT-11110/00 4 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 let, with the approval of the other party, the SUPPLEMENTAL AGREEMENT for that PROJECT cannot be tenninated until completion ofthe construction. F. In the event that a PROJECT is tenninated 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 fonnat 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 sucb assigned contracts subsequent to date of transfer, effective upon the transfer date. LEAD AGENCY shall exercise its best effurts 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 oftermination. H. Provisions B through G wit! survive the tennination 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, fife, 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 ofperfonnance ofthis MASTER AGREEMENT, without waiving any sovereign or governmental immunity MASTERAGREEMENT-III10/00 5 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. 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 shaH be mailed or delivered by hand as follows: [Title of Appropriate City Official] City, Texas D. Either party hereto may from time to time designate another and different address for receipt of notice by giving written notice ofsuch 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".10150%), 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; MASTER AGREEMENT-11/10/00 6 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; 3. UTILITY BETTERMENTS and ROAD or STREET 􀁁􀁍􀁅􀁎􀁉􀁔􀁉􀁅􀁓􀁾􀀠 4. CITY PROJECT TEAM participation or project management (if the CITY bas LEAD AGENCY Responsibility) Direct Costs which are not supported by a detailed hourly accounting system; S. 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 andlor 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 ofway. 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 ofway 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 ofthe 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 ofway alignment as approved by the CITY and COUNTY. D. 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 andlor 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, nonconforming 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 andlor relocation ofUTILITIES 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 ofthe 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 MASTER AGREEMENT-1111 0/00 7 the problem resolution with the goal to prevent delays in the commencement or prosecution ofconstruction on the PROJECT. 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 ofwork 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"/0) 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 ofCITY. 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 ofway. In the event that the aforementioned features are allowed by CITY to encroach on necessary ROW during the duration ofthe project, CITY shall bear the entire cost ofremoval or relocation ofsaid encroachment. 1. 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 fumish 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 -1111 0/00 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 VDI. UTILITY IMPACTS. A. In cases where a lITILITY IS LOCATED IN A PRIVATELY OWNED RIGHT-OFWAY, 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 andlor adjustment of said utility to the PROJECT. B. In cases where a lITILITY 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 ofway 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 MASTER AGREEMENT -11/10/00 9 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 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, A,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 thePREDESIGN CHARRETTE, as part ofthe 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. 1. 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 SUPPLEI\1ENTAL 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. MASTERAGREEMENT-11110100 10 Article X. PREDESIGN CHARRETTE A. CITY and COUNTY, as specified in Articles vn 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 urILITIES, urILITY 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"/0) 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 MAS1ER 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 ofthe 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 ofthe milestone, the nonmanagement party will be furnished a notice that such work has been completed and aHthe 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 party will be required to award any contract until written certification has been received that funding ft:lr-tne-pr-aject··has been eertifie(l·in·wr-iting ..te'have·been placed MASTER AGREEMENT -11110/00 11 in escrow or encumbered for the payment ofthe non-awarding party's portion ofthe PROJECT cost. C. In the event that the cost of the PROJECT shall exceed the not-ta-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 ofaction 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. MASTER AGREEMENT-lIllO/DO 12 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 ofthe State ofTexas and exclusive venue shall be in Dallas County, Texas, Notwithstanding anything herein to the contrary, this Agreement is expressly made subject to County's Sovereign Immunity, Title 5 ofTexas Civil Practice and Remedies Code, and all applicable State ofTexas 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 ofthis 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. DefaultlWaiverJM:iti gation. It is not a waiver of default ifthe non-defaulting party fails to declare immediately a default or delays in taking any action. Pursuit ofany 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 ofTexas or U S. Government funding and any statute, rule, regulation, grant, contract provision or other State ofTexas 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 ofeach paragraph are only for convenience in locating various provisions ofthis AGREEMENT and shall not be deemed to affect the interpretation or construction ofsuch 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 ofwhich shall be deemed an original, but all of which shall constitute one and the same instrument. MASTERAGREEMENT-ll/lOIOO 13 The City of______" State of Texas, has executed the Agreement pursuant to duly authorized City Council Resolution _____" Minutes, _____􀁾􀁄􀁡􀁴􀁥􀁤 the __day of___....;, 200_. The County of Dallas, State of Texas, has executed this agreement pursuant to Commissioners Court Order Number _____and passed on the __day of____...J, CITY OF _________ COUNTY OF DALLAS 􀁂􀁙􀁟􀁾􀁾􀁾􀀭􀀭􀀭􀀭􀀭� �􀀭􀀭􀀭􀀭􀀭􀀭􀂭 􀁂􀁙􀁟􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀀽􀁾􀁾􀀽􀀽 TIlLE LEE JACKSON, COUNTY JUDGE ATTEST_. APPROVED AS TO FORM: CITY =SEC-:C=RE=TARY \ ATTORNEY John Dahill, Advisory Chief, Civil Section Dallas County District Attorney MASTER AGREEMENT-11/10/00 14 PUBUC WORKS DEPARTMENT 􀁾􀀡􀁩􀁩􀁩􀁩􀁾􀁾􀁾􀀡􀀡􀀡􀀡􀁩􀁾􀁾􀁬􀁩􀁌􀂮􀀠Post Office Box 9010 Addison, Texas 75001-9010 April 25, 2001 (972) 450-2871 16801 Westgrove Mr. Donald L Holzwarth, P.E. Dallas County Director ofPublic Works 411 Elm Street, 4th Floor Dallas, TX 75202 Re: 200 I Call For Projects Dear Mr. Holzwarth: The Town of Addison is pleased to submit the following Application Information for five projects, in response to your 200 I Call For Projects. Belt Line RoadlDallas Parkway Single Point Urban Interchange Southbound to Northbound U-turn on Dallas Parkway at Arapaho Road Keller Springs! Addison Road Intersection Signals Upgrade and Re-timing, Belt Line Rd. from Quorum Dr. to Marsh Lane The Town Council passed a resolution authorizing filing the applications at their meeting on April 25, 200 I. A copy ofthe resolution will be forwarded as soon as it is signed by the Mayor. We appreciate the opportunity to submit these applications. If you have any questions, please contact Jim Pierce, P.R, Assistant City Engineer at 972-450·2879. Very truly yours, Michael E. Murphy, P.E. Acting Director ofPublic Works Cc: Chris Terry, Assistant City Manager Jim Pierce, P.E., Assistant City Engineer Attachments Submitting Agency: Contact Person: Address: Telephone Number: e-mail address: Location: Beginning: Ending: Functional Classification: Av. # of Accidents: (over past 3 years) Through lanes Left turn lanes Right turn lanes Sidewalks Bicycle Lanes Bridges 2001 Dallas County Call For Projects APPLICATION INFORMA TION Town of Addison Jim Pierce, P.E.-Assistant Director of Public Works P.O. Box 9010 /' Addison, 972-450-2879 Facsimile Number: ipierce@ci.addison.lx.us PROJECT INFORMATION Keller Springs Road At Addison Road 900Ft. E. of Addison Road Principal Arterial 3 per year Existing Two One One Yes None None MAPSCO: Project Length: Avg Posted Speed: Avg Operating Speed: Traffic Volume: Traffic Volume Source: Proposed Three One One Yes None None TX 75001 972-450-2837 4U 900 Feet 40 mph 40 mph 16,554/day 1999 traffic count by Town of Addison Description of Proposed Improvement(s): !The purpose of this project is to relieve traffic back-up conditions for those vehicles traveling eastbound hrough the Addison Airport Tunnel. Presently, there is only one through lane for eastbound vehicles. During peak periods, vehicles back up almost to the Tunnel and it takes at least two traffic light cycles o pass the intersection with Addison Road. This project will provide two through lanes for traffic 􀁾􀁸􀁩􀁴􀁩􀁮􀁧􀀠the Tunnel and proceeding east on Keller Springs Road. The proposed improvements include 􀁾􀁤􀁤􀁩􀁮􀁧􀀠an eastbound lane for traffic approximately 900 feet long. The project includes extension of a 􀁾􀁴􀁯􀁲􀁭􀀠 drain culvert, and new pavement markings. The engineering for this project has been completed. The traffic signals at the intersection have already been adjusted for this project. PROJECT COST INFORMATION Total Project Cost: $ 248,000 Right-of-way Cost: $ 72,000 EngineeringlDesign Cost: $ 3,000 Utility Cost: $ Construction Cost: $ 173,000 Local Cost Contribution: in percent of total cost: 80% Supporting Comments Regarding Cost: his project was bid in late 1999 but was never awarded because of lack of right-of-way. The tota mount bid was $147,560. The bid price has been adjusted upward by 6% for inflation, and 5% ha een added to that for contingencies. Engineering costs are for re-bidding the project and bid phas ervices. Right-of-way cost figured at $B.OO/square foot for 9000 square feet. • • • • • • • • • • • • • • • • • • • • • • • • • • • • ----------NOTES: I 1. RENOV£ EJaSliNG PA'IDIENT MARKINGS PRIOR TO INSTAWNG TENPORARY PA'IDIENT MARKINGS (TABS). 2. PLA$llC DRUMS ARE TO HAVe: T.oOT TYPE A 􀀰􀁁􀁉􀁬􀀠 WARNING UGlliS ATTACHEa TO EACH DRUM. . 3. CONTRACTOR SHALL MAlNTAJN SIGNS. DRUMS 􀁾 AND MARKINGS THROUGHOUT THE OURAliON Of CW2 􀀮􀁾􀀯􀀬􀀩􀁾􀀠 Oil' 1?I'::,/,v'l \' 􀁾􀀠 I ..,vael' . J """ , 'fJ/flM v' A 112.5( I rot,,1 Cost 116 3. 1.180.000' 8 􀁾􀀧􀀠 1, 1.000, .3 IFUI IMCIP ITEA-21 IMajOr Impact Funding TotalT ,@r@tCosts :amp ,@'@I@I@IRed Bird @I & Polk (GR 6) IIH 30{ RL 11 I I Carroll IRd-l ItoHines Loop . Lake June 10 US 175 Hines ) Oak Lawn Oak Lawn @IH 35E 􀁗􀁾􀁾􀁾􀁾􀀠 I IH 635 , Rd -Lake June to Quail Rd I Hill Rd-, ItolH30 Fair Park Unk -,10 Hall 1-SH 310 10 Illinois Routh -Ross to US 75 SB , Rd Jim Miller -Elam to Loop 12 ,Pkwy,10 ,Rd rotal I Costs City ! Source Dallas 􀁩􀁾􀀠 II I Dallas !Balch !Dallas Dallas IDallas IDallas IDallas IDallas ""'" II lUI "'" I I '" I 1"1 i nor nor or ! Noles: TEA·21 """,. '" , are lIle latest adiusted !'or I"""" A Imatcllis I fCr all Fnr nn 1 ,Rd 2004 161 59.469 31.651 4S ,673 54 ,061 56,407 10.2000 2005 o 3,7 􀁾􀀠 1,666 5,416 1, 1 Year• I Only 2006 2007 2008 2009 1, 7, 2010 7 o I I 59,489 31,651 59,489: • 􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀁲􀀭􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀁾􀁾􀀱􀁾􀀠 . 1. DO 1,050,000, o o o o 7.916.500 0 I I 40.9: 26.1: 42.163 I 1,1' 1, 147!i nnn 1, 1, 1, 1, By 211817 173055 flnn Total Cost ',788 ,182 016 I Public Works nA1>. II;! !.O% !.O% 13.0% 13 :4 For 􀁾􀀠. ICity • 􀁾 ..􀁾􀀮􀀮􀀮􀀮􀀮􀀠 . T;pe Source IMCIP ITEA-21 IM aior ImTpoatcatl I Costs I@ZangBld. IIH30 ,Rds-IDallas ,Mv....-';.cl TRA RR Spur ,Grand Prairie ,Mv'...·';.cl I .• • 􀁾􀀠 0' oucPart Dallas ,nor .• • 􀁾􀀠 0' oucPart 'nor ,Rd. .• ;00'oucPart :eda: liII ,nor;.:.: 1 WB I :0 Bell Line lram 'rairie ,nor , Rd on '10.2000 2004 !27,1S0 'R40 : !'iIln 1 116,500 48,673 Year , .............l;! Only 2005 2006 2007 2008 o 1. 1 1. 1, 7 j!009 I 2010 o "'.n . By lOla• IOUUS Cost 7 48,673 194,687 20.0% 6.6% 1EB I· Belt L Ie 0 lram 'rairie ,nor 􀁾􀁩􀁣􀁥 Rd 20.0' It ill Rd-' 0 IRun ,nor 􀁾􀀠 50.0% Rd @Bear 􀁃􀁲􀁥􀁥􀁾􀀠R, lIenn ,nor lint : 50.0% IRd -' Ito Belt Line 1:;:;; I : nonl a, i,OllO 382% I I 􀁾􀁔􀁯􀁾􀁴􀁡􀁬􀁬􀁾􀁾􀁬􀁣􀁾􀁯􀁭􀁬􀁾􀁾� �􀁮􀁾􀁡􀁲􀀽􀀽􀀽􀀽􀁾􀀽􀀽􀀽􀀽􀀽􀀽􀁴􀀽􀀽􀀽􀁾􀀽􀀽􀀽􀀽􀀽􀁴􀀽􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀀽􀀽􀁾􀁾􀀽􀀽􀀽􀀽􀁾􀀰􀁴􀀽􀀽􀀽􀁾􀀰􀁴􀀽􀀽􀀽􀁾􀀰􀁴􀀽􀀽􀀽􀁾􀀰􀁴􀀽􀁾􀁾􀁾􀁾􀁾􀁭􀀽􀁾􀁾􀁾􀀽􀀽􀁾􀀲􀀸􀁁􀀥􀀠 I o 77 Notes: TEA-21 A 50% I for: 􀀧􀁏􀁏􀁭􀁎􀁾􀁑􀁾􀁾______________________________________________􀁾____-L______􀁾____􀁾_______􀁾􀁉__ ......􀁾􀀠 I E I .2000 I I I · I I I 􀁾􀁥􀁡􀁲􀀧􀀠 Ionly By Total , Type 20114 􀀲􀀰􀀰􀁾􀀠 2007 2008 2009 110 Totals Others Costl Share I􀁾TEA·2􀀠1 Fundlns 1 .E§II 􀁾 I:m '.000 T, tal • 0 1 U '.000 II It 2 I 1.000 3 . 1.000 • e 4 􀁾􀀮􀀠 , 1.000; I , .091.358 i 􀁾􀁾􀁅􀁕 I i 2 I 3 4 Total 31, 0 B liFt 964.71' 0 0 0 I 􀀱􀀮􀀱􀁾􀀠 1. 0 2.. I 1>42i 0 , Tolal 0 8.: I PrIlIe<:IS Q Q 0 0 0 0 0 Talal 􀁾􀀻􀁾􀀠􀁾􀁏􀁬􀀠 -􀁾􀁧􀁧􀁾􀀠 􀀬􀁾􀀭􀁾􀁉 ' Prill""'" .0001 hRI 0 I ..."'''1 Annual' IlIalanca , I 1,709 0 1 , ..cst Ranges • Aom.n, .'" Annu • 0 􀁾􀀠 ,50<50Y, ..ost Sharing 50% 􀁾􀀠 IMmln , ![Annual 􀁾􀀠 Q 100% ,50-50% ' ' 50% --..e..n. = == u .= a=. e= = U = ecna .c.a .=.... CD e CD .==.. -e= --.e-=a,.... =m ==... .E... Iii' e Em ,... ... == N=ea 2001 MelP Timeline 􀁻􀀡􀁾􀀠 Cities submit applications [4/21] {!: Complete preliminarv evaluation [6/29] {!: Cities review preliminarv resullS [1/29] {;} Consultant completes final ranking [8/111 􀁻􀀡􀁾􀀠Recommend projects to Commissioners {!: Commissioners make final selection [10/30] Summary of Changes to Evaluation Methodology 􀁻􀀬􀀮􀁾􀀠 Functional classification rating 􀁻􀀬􀀮􀁾􀀠 Speed delav rating for intersection projects 􀁾􀁾􀁾􀀠 Dllll/uedestrian projects 􀁻􀀬􀀮􀁾􀀠 Inter-modal I Multi-modal rating {,.: Accident rate rating 􀁾􀁾􀀺􀀠 Project cost estimation =1:1 = -== .== I 7 e E .==.., I " ftI = = nnn -=u ==CD .i= .ea. ._.._.. ..... u -= CD 1:11 '= CD CD =en -ea ·=eenn :ulea =u a: -== a. = .C.D. I=W ..=.=... U .===.. 1'. -1-.== m .... mm -= .... .... .... f"I .... en en 1-= = ..... ..... =aU = I ca " C'-' c .=.... =.=.... =CD m CD -ca , uen = == IC --= = = ! ca ca IC I-a-= = • 7 = N CD = u -;: I: -aa. = == = iCsD a-CD = 1-= is == ICD = CD .= ..... In = -= CD ..... -CD en 1:1: .a..-= :=z 1:1: III= • • • • iC , • • ...•...:.. 􀀮􀁾􀀠 2. Speed Delav Rating [10 points] 􀁻􀀡􀁾􀀠To determine anticipated improvement to travel times and speed {;} DOC = Degree of congestion= • (Posted Speed -Operational speed] -0.41 length of project {;} The greater the DOC the greater the score 3. Traftic Volume Raling [10PIS] 􀁻􀀡􀁾􀀠To determine magnitude of traffic flow improvement 􀁻􀀡􀁾􀀠Year 2025 "Build" condition {;} Year 2025 "No Build" condition 􀁻􀀡􀁾􀀠 Difference between the two 􀁻􀀡􀁾􀀠The areater the traffic improvement, the greater the score 4. Tranic Volume Growth Raling 􀁻􀀡􀁾􀀠To determine magnitude Of growth in traffic volume btw existing and future condition {;} Year 1995 "Existing condition" {;} Year 2025 "Build" conDlllon 􀁾􀀺􀀡􀁾􀀠 Difference between the two {!; The greater the difference [% growth), the greater the score 5. Travel Desire Rating [10Pts] 􀁾􀁾􀁽􀀠To determine the project's inherent attractiveness and desirabilitv 􀁾􀁾􀁽􀀠Year 2025 "capacitv-constrained" run 􀁾􀁾􀁽􀀠Year 2025 "all-or-nothing" model run {!.: The greater the %difference, the greater the score 6. Benefit-Cost Ratio [10Pts) 􀁻􀀡􀁾􀀠 Benefits based on: • reduction in travel-time delav (increase in ave dailv loaded speeds after the improvemenU {!: Cost based on approved estimated project cost {!: The greater the ratio, the greater the score 1. Accident Rate Rating 110pts) (+} lastvear rating was based on correctable accidents 􀁾􀀺􀀫􀁽􀀠 This vear, rating based on raw accident rate per million vehicle miles 􀁾􀀺􀀫􀀺􀁾􀀠 Three vears' wonh of accident data will be provided bv cities {!: The greater the rate, the greater the score 8. Air QualitY Raling 􀁾􀁩􀁾􀀠 Project's impact toward improving air Qua 􀁻􀀡􀁾􀀠Nitrous oxide emission before and after improvement [vear 2025 'build'&'no-build'J 􀁻􀀡􀁾􀀠Difference between the two {;} Factor-in volume, project length and cost {;} The lesser the cost [S/lbJ of nitrogen oxide reduction, the greater the score 9. Sustainable Development I Redevelopment I Sman Growth {;} Project's potential to encourage regional sustainable development/sman growth 􀁻􀀡􀀮􀁾􀀠 projects receive lull 10 points or no p at all {!} Points will be awarded il project is located: • distressed area* • under-utilized area* • *Based on Dallas County tax abatement policy. Check map! 10. Intermodall Multimodall Social MobilitY Rating 􀁻􀁾􀁾􀀠1. Inter-modal I Multi-modal (abililV 10 involve more Ihan asingle model • Transit [bus/rail] lUpoints • School Bus lpoints • Bicvcle paths 5points • Pedestrian paths 3points 􀁻􀁾􀁾􀀠 2. Social Mobilitv [services to elderlv or disabled] 􀁻􀁾􀁾􀀠 3. Infrastructure Investment Project [long-term economic development potentialJ Special Cases {!.: Special case # 1 • lor new roadways, multiplv traffic volume ratingbv3 􀁾􀀡􀀮􀀺􀀠 Special case # 2 • il BIC ratio is 0because resulting congestion is > alter improvement multiplv volume bv 2 􀁾􀀡􀀮􀀺􀀠 Special case # 3 • il absolute value 01 traffic volume is < 5000, divide TVG and TOR bv 2 local Cost Participation Multiolier [lePM] {+} Rewards projects with strong commitment {!: Aggregate project score multiplied bv lCPM =Final Project Score 􀁻􀀡􀁾􀀠lCPM= 1+ratio of city match 􀁻􀀡􀁾􀀠Bonus multiplier points [,3] awarded to projects in disadvantaged areas {!: Partnering cities must commit to a minimum of 500/0 of total project cost 􀁾􀀱􀁾􀀠 􀁾􀀢􀁮􀁣􀀠 :[ ",;,,""w....! . ! 􀁔􀁾􀂷􀂷􀀠 􀀲􀀰􀀰􀀵􀀱􀁾􀁥􀁡􀁲􀁾􀀠 􀁾􀀠 􀁾􀀠 Bv Total 2004 2009 -COstl 􀁾􀀮 IMCIP Fun"'na . lCA-21 '.161 • all 7. .161 '.1601 .1601 .161 ,161 .160 Tolal 1.000 􀀲􀁾􀁾􀀱 Total E_._ 'I 􀁾􀀮􀀠 II , I§I§-Tolal 6.666.' i.666.---, • Funding ¢ 􀀲􀁾􀁑􀁑􀁏􀁩􀀠 31 0 1COots TFA:?1 p"'[.ets 􀁾􀀠 􀁾2. 􀁅"1 􀁾􀀠 I T< tal I 􀁾􀀶􀁯􀀮􀀱􀀠 4 . ,. lM.i", 1 , , ,. , D t D t , -:, 􀀵􀀰􀀰􀁾􀀠 􀁾 T, 'lal , s:Jj[jjf ., , : .lId : ill I a c 0 􀁾􀁯􀁴􀁡􀁉􀀠 􀁾􀀠 ! 0 C 􀁾􀀮􀀠 IAnnua' I Balance 0 , .CostRana... " I I , I Annual -; 0 􀀱􀀰􀁄􀁾􀀠 lsa... 􀁾􀀠. 􀀱􀀲􀀮􀁾􀀠 50% -;􀁾􀀮􀁏􀁏􀁉􀀠 -, . 3, 􀀳􀁾􀀠 or fOO%1 I . tSharlng 1.565, 10j 􀁾 50%1 IMCIP ITEA-21 IThnrnllnhfare I Major Impact I Total' ICity I Costs i=or Sourc􀁉e􀁉􀁾 􀀠 􀁔􀀻􀁾􀁥 .". .nor . on 2004 iZ i6E ,4' . 2005 20Q.6 ,""UUI o 3,750 noc 1 )00 7,916,500 500 only 2008 2009 1 7,916,50C /"!nllnru By Total /"!nllnt" 2010 IOIal5 Ulner" '" 2 c 'ViewLnItolH635 􀁾􀁂􀁲􀁡􀁮􀁣􀁨􀀠IMv....-I"·, . 2,079, 20.0% I Rd-Jay Ell Rd to US 75 IMvlr--I""I !Sep. 3,5 1! 15.0% 􀁛􀁾􀁯 Loop 121NW Hwy Las I las Blvd I to Lake Sh121 ;'Uneto ; @Plano Rd Ie IValley@'Rd . lallas )allas . I Pkwy rvlng, TapRd 􀁾􀀠 I Belt Line -Plano Rd to Main St/Belt Line I Rd to US 75 ,Total I Costs t'er Tear . ., Inor Signal • nor New Facility_ .nor .nor .nor .nor !Rd • nor Tum Lanes • nor New Facility • nor New Facility Inor .nor Inor I nor Tum Lanes Notes: TEA·21 "eject cost ; are the 􀁬􀁡􀁴􀁥􀁳􀁾􀀠, I for Innation, , !rom I .50%, IInatell Is , 3,750,000 11e Las I lUnas """'I I mUlion I • and ; an 1$1.) mnlion In I 1, 737,50C 175.00C 􀀲􀀷􀀷􀀬􀀷􀁾􀀠 ne II Rca' 􀁣􀀻􀁲􀁡􀁯􀁾􀀠: Ifor City of, I projects. Allother 􀁾􀁭􀁥􀁥􀁴􀀧􀀠 I the 50% 1 I I Project may lake Ionoer to develop than, 1would i , the funding 1. 419, i21 􀁉􀁮􀁮􀁾􀀠 􀀮􀁮􀁮􀁾􀀠 55,479 . . 2,1 : . , In the earlY years. ,, i i ! , o o 7, 132, 971 20 737,500 73' ? nnnnnn R 30C ,000 1, 175,001 475 o 19,513,291 65,176,871 o . .. . .. . 1.0' );0' 16:7' 􀀵􀀰􀁾􀀰􀀥􀀠 50.0% 49.0% 50.0% 23.0% 11 o , , . ; , I' i '. STATE OF TEXAS § COUNTY OF DALLAS § MASTER AGREEMENT GOVERNING MAJOR CAPITAL IMPROVEMENT PROJECTS FOR PROGRAM YEAR 2004 AND 2005 TIDS MASTER AGREEMENT is made by and between the City of , Texas, hereinafter called "CITY", and the County of Dallas, Texas, hereinafter called "COUNTY", acting by and through its duly authorized officials, desire to enter into an Interlocal Agreement, hereinafter called MASTER AGREEMENT, for the purpose ofRoadway Improvements on XXXX Road from XXXX to XXXX; and, WITNESSETH WHEREAS, pursuant to Court Order 2000-:xxxx, dated XXXXXXXX, Commissioners Court approved participation in Major Capital Improvement Projects for the Program Years 2004 and 2005, in the City ofXXXXX, on the aforementioned roads; and WHEREAS, Chapter 791 of the Texas Government Code, as amended, provides authorization for local governments to enter into interlocal agreements; and NOW THEREFORE, TmS 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. 1. CITY shall mean the City 0(_____-', County o(DaDas, State of Tens. 2. COUNTY shaD mean the County of Dallas, State ofTexas. 3. TxDOT shaD mean the Texas Department of Transportation, State of Texas. 4. INTERLOCAL AGREEMENTS shall mean contracts or agreements entered into for the mutual benefit of the travelling public. 5. MASTER AGREEMENT shall mean this document including aD incorporated documents, attachments, and exhibits. 6. 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 of Dallas as it relates to the PROJECT. DRAFT VERSION OFMCIP -MASTER ILA -9/28/00 for discussion only Pg. 1 7. PROJECT(S) shall mean the below listed road improvements: Road with limits 8. PARCEL OR PARCELS shall mean those tracts of land and improvements located either wholly or partially thereon, identified by COUNTY as required for right of way requirements of COUNTY 9. 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. 10. CITY UTILITY shall mean those utilities owned by City which require relocation or adjustment for the purpose of the construction of the PROJECT as identified by PROJECT plans. 11. MEMORANDUM OF AGREEMENT (MOA) shall mean a written document whieh incorporates the results of the PREDESIGN CHARRETTE. Said MOA shall at a minimum identify the overall funding scheme, horizontal alignment and basic scope of the PROJECT. 12. AMENDMENT shall mean a written document executed by all parties detailing significant changes in the MASTER AGREEMENT. 13. RIGHT OF WAY (ROW) shall mean that real property identified by COUNTY as necessary for the construction of the PROJECT. 14. PROJECT TEAM shall mean representatives from COUNTY and CITY with responsibility for delivering the completed PROJECT. 15. EFFECTIVE DATE shall mean the date of the signature of the last person to sign the document. 16. STANDARD BASIC STREET DESIGN shall mean the paving, drainage and appurtenances, traffic control items including pavement marking, warranted uniform signals, street light foundations, pull boxes, conduit, sidewalks, medians, storage/turn lanes, access, and standard driveways. 17. BETTERMENT shall mean any increase in the capacity of the PROJECT as compared to the existing Facility, or any upgrading of the Facility above the standard practices, devices or materials, specified in this MASTER AGREEMENT and customarily used by COUNTY on projects solely fmanced by COUNTY. 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 PROJECT resulting solely from the replacement of devices or materials no longer regularly manufuctured, 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 COUNTY. 18. AMENITY shall mean PROJECT fcatures not included in the STANDARD BASIC STREET DESIGN including but not limited to street pavers, colored concrete, planters, irrigation, decorative lighting, special signage, or any other filature above and beyond the STANDARD BASIC STREET DESIGN. 19. DIRECT ·PROJECT & PROGRAM COSTS shall mean those costs that can be identified specifically with a particular cost objective. These costs generally include compensation of DRAFT VERSION OF MCIP -MASTER ILA -9/28/00 for discussion only Pg. 2 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 and other approved capital expenditures; travel expenses incurred specifically to carry out the project. 20. INDIRECT COSTS shall mean those which have been incurred for common or joint purposes. These cost benefit more than one cost objective and cannot be readily identified with a particular fmal cost objective without effort disproportionate to the results achieved. PLEASE NOTE YOUR COMMENTS HERE DRAFT VERSION OFMeIP -MASTER ILA -9128100 for discussion only Pg. 3 " Article n. PERIOD OF THE AGREEMENT This MASTER AGREEMENT becomes effective when signed by the last party whose signing make the respective agreement fully executed. This MASTER AGREEMENT shall remain in effect until terminated as provided in Article IV or the expiration of ten (10) years which ever shall first occur. Article m. AMENDMENTS Amendment ofthis MASTER AGREEMENT by Notice with Mutual Consent: COUNTY may notifY CITY of changes in this MASTER AGREEMENT resulting from changes in federal or state laws or rules or regulations and these changes in the MASTER AGREEMENT shall be incorporated into this agreement unless COUNTY is notified by CITY within 60 days. This MASTER AGREEMENT may be amended by mutual agreed written amendment that is executed by the all parties. Article IV. TERMINATION, DEFAULT. TIME OF THE ESSENCE AND FORCE MAJEURE This MASTER AGREEMENT may be terminated by any ofthe following conditions: A. By mutual written consent and agreement ofaU parties. B. By either party with ninety days written notice. If this MASTER AGREEMENT is terminated under this clause, ail existing, fully executed advance funding agreements made under this MASTER AGREEMENT shall automatically incorporate all the provisions of this MASTER AGREEMENT. C. By either party, upon the failure of the other party to fulfill the obligations as set forth in this MASTER AGREEMENT and any supplement thereto. D. 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 canse 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 shaH be suspended until such time that such disability to perform, for which the party is not responsible or circumstances beyond its control, 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 ofthe knowledge of such occurrence. Each party shall make ail reasonable efforts to mitigate the effects ofany 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 tortuous conduct in the course ofperformance ofthis MASTER AGREEMENT, without waiving any sovereign or governmental immunity available defenses under Texas law. Nothing in this paragraph shaH be construed to create or grant any rights, contractual or otherwise, in or to any third persons or entities. DRAFT VERSION OFMClP-MASTER ILA -9128100 for discussion only Pg. 4 Article VI. NOTIFICATION A. When notice is pennitted 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, Retum 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, 4th Door Dallas, Texas 75202 C. All notices and correspondence from County to City shall be mailed or delivered by hand as follows: City Director ofPublic Works City, Texas D. Either party hereto may from time to time designate another and different address for receipt ofnotice by giving written notice ofsuch change ofaddress to the other party. PLEASE NOTE YOUR COMMENTS HERE DRAFT VERSION OF MCIP -MASTER ILA -9128/00 for discussion only Pg. 5 " . Article VII. CITY agrees as follows; A. To execute the necessary agreements for the implementation of design and construction of the above described project(s). Provide City Council Resolution adopting approved alignment, proposed estimated budget, and commitment to meet PROJECT funding for each milestone as specified in SUPPLEMENTAL AGREEMENTS. B. CITY agrees to share the funding of PROJECT with COUNTY on an equal share basis (50%/50%) with the following exclusions: CITY shall bear the entire cost of• CITY owned utilities such as water and sanitary sewer facilities; • PROJECT AMENITIES including but not limited to street pavers, colored concrete, planters, decorative lighting, special signage, or any other feature over the basic street design; • Project management direct costs which are not supported by a detailed hourly accounting; • Indirect costs. C. When in mutual agreement by COUNTY and CITY at the time ofPredesign Charrette, to acquire right of way required for designated projects by voluntary dedication, the subdivision platting process andlor 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 hereby grants the COUNTY authority to enter into eminent domain proceedings within the city limits on specific right of way alignment as approved by the CITY and COUNTY. CITY agrees to fund ROW it failed to acquire through its platting and permitting ordinances and for the removal of improvements (encroachments) within existing or proposed right ofway areas. 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 andlor relocate said utilities as required by the proposed improvement of the designated transportation project for CITY Utilities 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 bill boards, advertising signs, nonconforming uses, zoning and similar restrictions and to provide variances when possible to minimize cost and delay ofPROJECT. F. CITY shall require the adjustment andlor relocation of utilities to be accomplished and fmalized, as expeditiously as possible, after approval of fmal plans, but in no event later than six (6) months after receiving notification in writing from COUNTY that acquisition of additional right of way for the designated project has been completed. CITY shall initiate legal action to compel the adjustment or relocation of the utilities by the utility owner or, if necessary to prevent delays in the commencement or prosecution of DRAFT VERSION OFMCIP-MASTER ILA -9/28100 for discussion only Pg. 6 construction on the project, CITY will itself adjust and relocate said utilities. Any additional cost due to CITY requirements shall be borne by CITY . G. In cases where a franchised utility has a private right ofway easement for its utility and it is necessary to make adjustments by reason of the widening or improvement of the designated project, the COUNTY will, after submission of satisfactory right of way documentation and cost estimates acceptable to the COUNTY by the utility company, bear the actual costs for the relocation and/or adjustment of said utility. H. Where new storm drainage fucilities 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, the actual costs ofthe necessary adjustment ofCITY 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 any BETTERMENTS. Except as provided herein, all costs for adjustment and/or relocation ofutilities in the public right ofway 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 adjust at the entire cost ofCITY. PLEASE NOTE YOUR COMMENTS HERE DRAFT VERSION OFMCIP-MASTER /LA -9128100 for discussion only Pg. 7 I. 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 ofremoval or relocation ofsaid encroachment. J. To provide adequate copies of all codes, (specifically including zoning and development codes), plats, specifications, guidelines, standards or any other pertinent information as determined by COUNTY required for the completion of the PROJECT to COUNTY or COUNTY's designee at no cost. Additionally, CITY shall furnish COUNTY such documents as necessary to keep previously furnished information current. K. 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. L. CITY agrees to provide timely review of interim submittals and hereby agrees that if no review notes are submitted by CITY in writing to COUNTY within twenty (20) days plans are approved as submitted. M. Provide for the continuing maintenance of all existing ROW, such as mowing, drainage, trash removal, etc., during the period between acquisition and construction N. Bear the entire cost of design, construction and administration for landscaping, street scaping, street lighting, and other amenities specified or requested by CITY in excess of basic design. In addition, CITY shall bear the entire costs related to any change in criteria or features requested by CITY after prior approval, vocal or tacit. O. In the event CITY elects to manage and administer PROJECT, CITY agrees to assume all applicable roles previonsly identified as COUNTY to be determined by mutual consent in MOA. PLEASE NOTE YOUR COMMENTS HERE DRAFT VERSION OF MCIP -MASTER ILA -9/28100 for discussion only Pg. 8 Article VllI. COUNTY agrees as follows: A. To provide preliminary engineering which will deflne project details, e.g., location, scope of work and speciflc right of way alignment for each improvement for approval by CITY, prior to proceeding with the flnal design and any right ofway acquisition. B. To provide for the construction of transportation improvements based upon design criteria conforming to CITY ordinances and standards, to the extent of funding. Deviations from 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. C. To actively participate and provide authorized representation at predesign charrete, preconstruction meeting, partnering meetings and project team meetings, which are necessary to project development and completion and flduciary relationships D. To provide administration and management of project from commencement to completion of construction. construction. CITY and COUNTY may further agree by mutual consent to redeflne administrative and management roles as beneflcial to the PROJECT as defined in the MOA E. To provide information related to the PROJECT to CITY or CITY's designee at no cost to CITY. PLEASE NOTE YOUR COMMENTS HERE DRAFT VERSION OF MCIP -MASTER lLA -9118100 lor discussion only Pg. 9 F. To submit final engineering plans for review and approval by CITY, at least thirty (30) days prior to advertising for construction. G. To provide for the acquisition 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. H. To require all contractors to secure all necessary permits required by CITY on said construction projects. I. To furnish record drawings of construction plans for the permanent records ofCITY within twelve (12) months upon completion and acceptance ofthe transportation improvement project. J. To transfer, by Quit Claim Deed, all roadway related easements acquired by COUNTY to CITY. K. In the event COUNTY elects for CITY to manage PROJECT, COUNTY will reimburse CITY for agreed costs as detailed in Article X and retain only responsibilities for reimbursement and reimbursement certification. PLEASE NOTE YOUR COMMENTS HERE . DRAFT VERSION OF MCIP -MASTER lLA -9128100 for discussion only Pg. 10 Article IX. PREDESIGN CHARRETTE A. CITY and COUNTY, as specified in Article VI and VII, will designate officials or representatives to participate in a Predesign Charrette to be conducted on a mutually agreeable date and location. B. Results from Predesign Charrette will identify the general project scope and the general alignment of the project, project administration and management roles. Additionally, the Predesign Cbarrette shall identify key project team participants. C. At the conclusion ofthe Predesign Charrette a MEMORANDUM OF AGREEMENT shall be produced which outlines the identified roles and scope for the Project. PLEASE NOTE YOUR COMMENTS HERE DRAFT VERSION OFMeIP -MASTER ILA -9/28100 for discussion only Pg. 11 ArticleX. FUNDING A. CITY and COUNTY mutually agree to assess proportionately fimd the direct project costs as more fully described in Court Order XXXXXXXXX dated the XX SS of XXXXXXXXX, 200X attached as Attachment A and incorporated herein as if reproduced word for word for all purposes. COUNTY shall bear XXXX percentage of the total project costs excluding the amenities, CITY utility items. CITY shall bear XXX percentage of all project costs in addition to any amenities. B. 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 fimding to complete the project. At the termination of the PROJECT, COUNTY will do a fmal cost accounting of the PROJECT. In the event that the amount paid by CITY exceeds its portion of the actual cost, the difference will be remitted to CITY. In the event that additional fimds are due, COUNTY will bill CITY who agrees to pay such fimds within thirty (30) days ofreceipt ofsuch billing. C. If CITY elects to manage PROJECT, COUNTY will reimburse CITY based on invoice for actual costs expended in accordance with COUNTY invoicing policy. D. CITY shall escrow an amount of $XXXX for initial project costs which COUNTY may use to pay for initial professional services required for scoping and preliminary design. PLEASE NOTE YOUR COMMENTS HERE DRAFT VERSION OFMCIP -MASTER ILA -9128100 for disclIssion only Pg. 12 Article XI. 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 personnel as requested by Connty for traffic control or other public safety matters at no cost to County. Article XII•. MISCEI.IJANEQUS GENERAL PROVISIONS A. Applicable Law. This Contract and all matters pertinent thereto shall be construed and enforced in accordance with the laws of the State ofTexas and exclusive venue shall be in Dallas County, Texas. Notwithstanding anything herein to the contrary, this Contract is expressly made subject to County's Sovereign Immunity, Title 5 ofTexas Civil Practice and Remedies Code, and all applicable State ofTexas and Federal laws. B. Entire Agreement. This Contract, including all Work Orders, all exhibits and addendum, 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 Contract 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. DefaultIWaiverlMitigation. It is not a waiver of default ifthe non-defaulting party fails to declare immediately a default or delays in taking any action. Pursuit of any remedies set forth in this Contract does not preclude pursuit of other remedies in this Contract or provided by law. Consultant shall have a duty to mitigate damages. E. Federal or State of Texas Funding. In the event that any work or part thereof is funded by State ofTexas or U. S. Government federal funding and any statute, rule, regulation, grant, contract provision or other State ofTexas 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 ofeach paragraph are only for convenience in locating various provisions ofthis Contract and shall not be deemed to affect the interpretation or construction of such provision. G. Number and Gender. Words ofany gender used in this Contract 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. Counter:parts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all ofwhich shall constitute one and the same instrument. I. Funding. Notwithstanding any provisions contained herein, this Contract is expressly contingent upon the availability offunding for each item and obligation contained DRAFT VERSION OFMCIP -MASTER ILA -9118100 for discussion only Pg. 13 herein for the tenn ofthe agreement and any extension thereto. CITY shal1 have no right of action against the COUNTY ofDallas in the event that the COUNTY of Dal1as is unable to fulfil1 its obligations under this MASTER AGREEMENT as a result of lack of sufficient funding for any item or obligation from any source utilized to fund this MASTER AGREEMENT or failure to budget or authorize funding for this MASTER AGREEMENT during the current or future fiscal years. In the event that County ofDallas is unable to fulfill its obligations under this MASTER AGREEMENT as a result oflack of sufficient funding or iffunds become unavailable, County of Dallas, at its sole discretion, may, subsequent to execution by County, provide funds from a separate source or tenninate this MASTER AGREEMENT. J. Remedies This agreement shall not be considered as specifYing the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed ofby either party to this agreement and shall be cumulative. The City of , State of Texas, has executed the Agreement pursuant to duly authorized City Council Resolution , Minutes Dated the __day of ,200_. The County of Dallas, State of Texas, has executed this agreemeut pursuant to Commissioners Court Order Number and passed on the __day of____-' 200_. CITY OF _________ COUNTY OF DALLAS BY BY TITLE LEE JACKSON, COUNTY JUDGE 􀁁􀁔􀁔􀁅􀁓􀁔􀁾􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀂭 APPROVED AS TO FORM: CITY SECRETARY \ ATTORNEY John Dahill, Advisory Chief, Civil Section Dallas County District Attorney DRAFT VERSION OFMCIP -MASTER ILA -9128100 for discussion only Pg. 14 PLEASE NOTE YOUR COMMENTS HERE Ctl/Selas 2000·031ClPMLA DRAFT VERSION OF MCIP -MASTER lLA -9/28100 for discussion only Pg. 15 DALLAS COUNTY PUBLIC WORKS • GUIDING COALTION --Finished 7 Habits • Salary Increases for Technical People, Re-look by Personnel for some other specialties • Successful CIP Planning Cycle and Transition to PM Two Outstanding Call for Projects -Great Perfonnance by consultant and County Team -Superb Teamwork between PW and Commissioners to build project lists -Acceptance by Court without controversy for first PY projects • Sticking together during tough times --opportunities, not unsolvable problems PUBLIC WORKS • FY 2001 BUDGET SUBMISSION APPROVALS 3 Additional People -Training for Designers and GIS folks -Confinnation from Court that we are on right azimuth • P ARTNERING SUCCESSES -Joe Wilson and Beltline --Coppell, highly successful starts -City-County Partnering Session 13 October • Successful Bids on 3 Key Projects -Joe Wilson -Beltline -Haskell 1 1 1 1 1 1 1 1 1 1 FIVE PHASE PROJECT DELIVERY SYSTEM PHASE COUNTY CITY(lES) CONSULTANT • CaU for projects ILA• Liaison Contract • Risk analysis • Est. cost share • Attends charrette I • Coordinate ILA, other stakeholders • Define project management and • Project Walk• Define Project Management Team team responsibilities thru • Predesign charrette • Provides Survey including Commissioners, etc. • Conduct Predesign Charrette • Project Walk-thru • Alignment Study • Conduct Project Walk-thru i. Commit to maintain current zoning • EA, Permits, etc. • Determine level of SUE and row • Prelim Schematic • Fund 50% of design and SUE? (STPIMM) » In-house • Initiate design thru • Commit to alignment » City • Provide preliminary surveying » Consultant • Input in consultant selection/and/or! • Negotiate Liaison contract extension of consultant contract? • Determine centerline • Approve alignment study • Constructability Review • Consultant Evaluation • Negotiate contract with consultant !. Provides accurate data at no cost • N cgotlates contract • Defines delivery dates • Well define scope of work • Coordinates with stakeholders • Coordinates with all stakeholders under County Project i. Determine definite delivery dates • Input in constructability review II • Project Management in partnering Management mode • Completes EA • Constructability review • Conducts public meetings • Produces traffic studies?? • Approve EA and Neighborhood • Provides final ROW Meetings documents within schedul. • Check traffic/utility data • Identify early ROW issues/resolve \ ---_._. ·, III IV V • Final approval of ROW documents • Project Manager (PM) monitors and tracks progress. • PM resolves issues • PM communicates to all stakeholders • ROW acquisition begins • Package for construction bidding • Evaluate consultant • Acquire ROW-complete • Require utility adjustments • Resolve issues/track schedules • Prepare to Advertise for construction • Advertise for construction bids • Final ILA with City(Supplemental) • Approve partnering, preconstruction meeting • Construction Management • Partnering with all stakeholders • As-builts created/approved • Close out project report (AAR) );> ConsultantlContractor Evaluations • Tum over to City for maintenance '. Conduct 1 yr maintenance review );> Inspection );> Punch list > Approval • Input on packaging for construction • Evaluation • Expedites utility relocations • Provides plans for City requested joint venture work • Attends Preconstruction and Partnering Meetings i. Final I1A (Supplemental) • Final Payment • Close out contract );> ConsultantlContractor Evaluations • Project turned over for maintenance • 1 yr maintenance review • Minor changes per property owner requests • Expert testimony for ED '. Evaluation • Engineering during construction • Review shop drawings • Attends Preconstruction and Partnering Meetings • Close out contract );> ConsultantlContr actor Evaluations 2 j j j j j j j j j j j j j j j j j j j j j '. DALLAS COUNTY PUBLIC WORKS 00 OCT -4 PM 3:"5 October 4, 2000 ,MEMORANDUM To: Commissioners Court From: Donald R. Holzwarth, P. E., Director ofPublic Works Subject: Major Capita! Development Program Selection ofTransportation Projects for Funding Background In Spring of 1999 the Commissioners Court began the process of identifying, evaluating and selecting transportation improvements to be funded through the Major Capital Development Fund with a "Call for Projects" issued to the cities for participation funding in TEA-21 projects, Selection ofthe TEA-2l projects was finalized in November 1999. The Attachment includes listings ofthe selected TEA-21 projects by District. In December 1999 the Court issued a Call for Projects to the cities to identify candidate Thorougbfare improvement projects for potential County funding. In this Call the cities were asked to commit to cost participation with the County on a 500/.-50% basis. Candidate projects were accepted for consideration until March 2000. Between March and July 2000 County staff and the consulting firm ofKirnley-Hom together with NCTCOG performed extensive data validation and technical evaluation of the 86 candidate projects submitted by 1 g cities. The fmal results ofthe evaluations were presented to the Court on July 11, 2000. Since July 2000 the Court and County staff have been reviewing the evaluation results with the cities, confirming city and District priorities, resolving scope and cost participation with the cities, and assessing risk, schedule and constructability to firm up fmal recommendations for funding. The Attachment includes projects recommended for Thoroughfare funding in each District. ' Throughout this process the Commissioners and staff have worked with our partoers to identify candidate "Major Impact" projects. A number ofpotential Major Impact projects have been identified and are currently under review for future consideration. At this time, only Commissioner Mayfield has confirmed his recommendation for one project to be funded in Major Impact category: Mountain Creek Parkway. This project is shown under District 4 in the Attachment. Parallel to the project selection process the Commissioners Court and the Office ofBudget and Evaluation have worked to develop and approve funding forecasts for the Major Capital Development Fund. The current funding forecasts for the Transportation elements (TEA-21, Thoroughfare and Major Impact) are shown by District in the Attachment. The first page ofthe Attachment summarizes the funding forecasts and the recommended project. totals for the entire Program. The Summary also includes four estimates providing a range ofpotential Administrative costs which must be funded in addition to the project costs. 411 Elm Street, 4th Floor Dallas, Texas 75202 (214) 653-7151 Commissioners Court October 4, 2000 Page 2 of2 Financial Impact The total project and administrative costs recommended in the Attachment are within the total Transportation funding forecast for the Major Capital Development Fund. Funding distribution is held equal among the four Districts. The Major Impact funding in each District is left unallocated to projects except in District 4. The project funding shown in the Attachment will obligate approximately 77% ofthe available funds for FY 2004 and FY2005, excluding administrative costs. The percentage of available funds obligated drops to approximately 53% in FY 2006 and approximately 18% in FY 2007. No funding would be obligated beyond FY 2007. Final selection ofthe recommended projects as listed in the Attachment is in accordance with Major Capital Development Fund Policy. Schedule Approval ofthe recommended projects identified in the Attachment will permit staffand our partner cities to initiate development ofnecessary Interlocal Agreements and begin the implementation ofthese projects. A "partnering" workshop hosted by Dallas County Public Works is scheduled for Friday, October 13<11 to discuss the project development process and the initial joint development stages. Projects listed in the Attachment are shown in the target Program Year (planned construction start year). Recommendation The project selection process is near completion for the Thoroughfare portion of the Major Capital Development Program. While minor adjustments in these recommended projects can be expected and additional projects will be selected in the future for all three categories offunding (TEA-21, Thoroughfare and Major Impact) staff recommends that the Commissioners Court approve the projects identified in the Attachment for funding in the Major Capital Development Fund. Ifthe Court concurs a Court Order to approve the recommended projects will be prepared for the Court's consideration on it's next scheduled formal agenda. Approved By: Donald R. Holzwarth, P. E. Director ofPublic Works Works Attachment • I Fundin, iMalor t Fundirnl ' Total ItEA-21 • Projects IToIaI j Costs . Yea, , ""'ance ,COSt Tota' Telal 2004 2005 􀁾􀁾􀁡􀁲􀀭􀁾􀀠 i I I i IOnlv 2008 2009 3' o o o Z010 , : o 169. 1.000 0, 542,i 8.891 5. '.Qll 5; 1.00 By 􀁾􀀧􀀮􀀠 25.0% 􀀲􀁓􀁝􀁪􀁾􀀱􀀠 192. m 29.2'!! 􀁬􀁾􀁭􀀧􀀵􀀥􀀠 􀀱􀁾􀀵􀀰􀀰􀀱 2. ,AMua' 􀁾􀁏􀁏􀁏􀁉􀀠 3.131 3. 2.000: I ".. , ; 1, 􀀬􀁾􀀠 City EA-21 Total 􀁾􀁥􀁬􀁬􀁬􀁬􀁮􀁥􀀠􀁒􀁾􀁾􀁾􀁾􀁾􀀠 I to Dallas PkWY D as as I Rd @Lovers Lane as lalley View Ln ',/Ii!@.g I to IH 635 􀁾􀁤􀁴􀁯􀁕􀀵􀀷􀀵􀀠 IOld , • Spring Valley to I 1 Rdto , • t to Trinity Mills , • Be t Line to TMnily Mills landy Lake· Tap to SH 121 H315E • Spur l IHwy to Spur t· Royal to Loop 12JNW Hwy Las' .Blvd·! Ito Lake' ICollins