• ) ! I I -M-ADDIsoN Public Works I Engineering 16801 Westgrove. P.O. 80x 9010 Addison, Texas 75001 DATE'. 1/-2.7-CJ;L. IJOBNa. ArrENT/DN RI': .....:::;UJd-flY1-fn f.J dL,u-p..;' nt ;..-j-II J Telephone: 1972) 450·2871 • Fax: 19721 450-2837 GENTLEMAN: WE ARE SENDING YOU ¥ttached o Under separate cover via _____the following items: o Shop Drawings o Prints o Plans 0 Samples 0 Specifications o Copy of letter o Change order 0 _____________ COPIES DATE NO. 7 '" DESCRIPTION , Jrj; $50.000 of pedestrian tilcilities) NO ANY OTHER PERMITS FROM OTHER AGENCIES SUCH AS TXDOT, DFW AIRPORT, DART ETC.? YES --"'"X____ 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 Allreement to Master Alireement Governinli Transportation Major Capital Improvement PrQj ects .DESIGN AND CONSTRUCTION CRITERIA PROJECT NAME: Arapaho Road. Phase III ANY UNUSUAL CONSIDERATIONS? _ ....N....QL-___---'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 WALL CONSIDERATIONS, TRAlLERPARKS, TREE ORDINANCES? YES X NO ___ ANY NON-CONFORMING ISSUES? YES ___ NO X ., R-O-W MAP NEEDED YES X NO FlEW NOTES NEEDED YES X NO R-O-W PLATS NEEDED YES X NO RELOCATION ASSISTANCE INVOLVED YES NO X P ARKINGILOSS OF PARKING CONSIDERATIONS YES X NO HISTORICAL SITE CONSIDERATION YES NO X 6 ATTACHMENT A Supplemental A2reement 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 (or Public Works Construction & Town o(Addison Standard Construction Specifications: Addison. AUXILIARY LANES? NO PROVISIONS FOR FUTURE WIDENING? NO LANDSCAPING? --' 􀁾􀀠 :a: i 􀁾􀀠 V..'>. -' <3 -' "" 􀁾􀀠 0 .5 c; 􀁾􀀠 .5 .... t !!! 1 ;lj y",d Veley 􀁾􀀠 PROPOSED ARAPAHO ROAD EXTENSION --....PROPOSED ARAPAHO ROAD PHASE I ARAPAHO ROAD EXTENSION ( UNDER CONSTRUCTION ) :CE OF THE CITY SECRETARY R99-039 DALLAS COUNTY PUBLIC WORKS December 26, 2002 Mr. Michael Murphy, P.E. Director ofPublic Works City of Addison P. O. Box 9010 Addison. Texas 15001-9010 Re: Arapaho Road MCIP Project No. 10302 (Addison Road to Surveyor Boulevard) Transmittal ofSupplemental Agreement to Master Agreement Governing Transportation Major Capital Improvement Projects Dear Mr. Murphy: Enclosed please find one (1) original of the referenced Supplemental Agreement to Master Agreement Governing Transportation Major Capital Improvement Projects for the referenced project, plus a copy ofCourt Order No. 2002-2295, dated December 11, 2002 for your records and use.. Ifyou have any questions or cotnments, please do not hesitate to contact this office at 214-653-1151. Sincerely, 􀁾􀀡􀁾􀁾􀀠 Project Manager Idle Attachment 411 Elm Street, 4th Floor Dallas, Texas 75202 (214) 653-7151 2.tJQ2 2'2J5 COUNTY AtJDnoR ORDER NO; OEC 172002 DATE: fH!C 172DDZ FUNDS AVAILABLF STATE OF TEXAS 1ft COUNTY OF DALLAS BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas, held on the 17th day of __________􀀭􀀽􀁄􀁥􀁾􀁣􀁾􀁥􀁲􀁮􀁾􀁢􀁾􀁥􀀽􀁲_______________ , 2002, on motion made by Mike Cantrell, District 2 and seconded by Jim Jackson, District 1 the following order was adopted: WHEREAS, the matter set forth below was briefed in Commissioners Court on December 10, 2002; and WHEREAS, pursuant to Court Order 2000-2117 Dallas County Commissioners Court approved participation in the MCIP with a list of proposed accepted projects attached to the Court Order; and WHEREAS, pursuant to Court Order No. 2002-1375 dated July 30, 2002, the Town of Addison and Dallas County executed a MASTER AGREEMENT GOVERNING TRANSPORTATION MAJOR CAPITAL IMPROVEMENT PROJECTS which reflected the projects authorized by Court Order 2002-1261 approved on July 9, 2002 which included a project on Arapaho Road from Addison Road to SUrveyor Boulevard; and WHEREAS, total projected cost for the project is $14,238,120 for which Dallas County has committed to fund $1,423,812 with the remainder to be funded by the City; and WHEREAS, the Town of Addison has submitted a SUPPLEMENTAL AGREMENT TO MASTER AGREEMENT GOVERNING TRANSPOM:'ATION MAJOR CAPITAL IMPROVEMENT PROJECTS for project specific responsibilities for the Arapaho Road Project from Addison Road to Surveyor Boulevard for which is attached for' execution by Commissioners Court. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Dallas County Commissioners Court that the County Judge is hereby directed and authorized to execute the attached SUPPLEMENTAL AGREEMENT TO MASTER AGREEMENT GOVERNING TRANSPORTATION MAJOR CAPITAL IMPROVEMENT PROJECTS with the Town of Addison for the implementation of the Arapaho Road Project in an amount not to exceed $1,423,812 to be funded from Fund 196, Account 08010, Project 08201. Director of Public 􀁷􀁯􀁾􀀠 District 3 Donald R. Holzwarth, 􀁾􀁫􀁾 __ 2 ,.-, TOWN OF ADDISON, TEXAS RESOLUTION NO. R02·118 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO A SUPPLEMENTAL AGREEMENT TO THE MASTOR .INTERLOCAL AGREEMENT WITH DALLAS COUNTY GOVERNING TRANSPORTATION MAJOR CAPITAL IMPROVEMENT PROJECTS FOR THE PURPOSE OF TRANSPORTATION IMPROVEMENTS ON ARAPAHO ROAD. WHEREAS, on July 30, 2002, the Town of Addison and the County of Dallas entered into a Master Interlocal Agreement for Transportation Improvements which allows the Town to receive certain grants from Dallas County through its CaPital Improvements Program; and, WHEREAS, the Master Interlocal Agreement provides for supplemental agreements to establish the contractual rights and responsibilities of the Town and the County as it relates to road improvements approved by the Town and approved by the County for inclusion in its Transportation Major Capital Improvements Program; and, WHEREAS, transportation improvements on Arapaho Road from Addison Road to Surveyor Boulevard have been approved by the Town and approved by the Commissioners Court of the County for inclusion in its Transportation Major capital Improvements Program; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS: SECTION 1. That the City Council does hereby authorize the City Manager to enter into a Supplemental Agreement to the Master Interlocal Agreement with the County of Dallas, Texas for the purpose of transportation improvements on Arapaho Road from Addison Road to Surveyor Boulevard. SECTION 2. That this Resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the Town of Addison this 26th day of November 2002. R. Scott Wheeler, Mayor ATIEST: 􀁾􀁾􀀠 Carmen 􀁾 iyeC/e\ary APPROVED AS TO FORM: Ken Dippel, City Attorney 􀁾􀀠 OFFICE OF THE CITY SECRETARY R02·118 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 TRANSPORTATION MAJOR CAPITAL IMPROVEMENT PROJECTS ("MASTER AGREEMENT") is made by and between the To'Wl1 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 ofGovernment's Regional Thoroughfare Plan. Article I. INCORPORATED DOCUMENTS This SUPPLEMENTAL AGREEMENT incorporates the MASTER AGREEMENT authorized by Court Order No. 2002-1375 dated July 30, 2002 and ATTACHMENT A, Design and Construction Criteria, as ifeach was reproduced herein word for word. These documents together define the scope ofthe project with an agreed upon preliminary aligrunent. The MEMORANDUM OF AGREEMENT was waived by the parties at the Pre-design Charrette held fur this project on October 3, 2001. As agreed by the parties at said Charrette, the Design and Construction Criteria (ATTACHMENT A) was prepared in lieu of the MEMORANDUM OF AGREEMENT and silid Criteria is hereby approved by COUNTY and agreed upon by the parties. ArticleD. EFFECTIVE DATE TIllS SUPPLEMENTAL AGREEMENT BECOMES EFFECTIVE WHEN SIGNED BY THE LAST PARTY WHOSE SIGNING MAKES THE RESPECTIVE AGREEMENT FULLY EXECUTED (THE "EFFECTIVE DATE"). Article ill. THE PARTIES COVENANT AND AGREEAS 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 fur the implementation of design and construction of the ARAPAHO ROAD PROJECT mutually agreed upon and incorporated herein by this SUPPLEMENTAL AGREEMENT. C. CITY 􀁳􀁨􀁡􀁬􀁾􀀠 and does hereby provide City Council Resolution No. R99-039 (ATTACHMENT B), adopting the approved preferred aligrunent for the project. 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. SUPPLEMENTAl-AGREEMENT FOR ARAPAHO ROAD PROJECT Pagel ofl 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 􀁯􀁦􀁑􀁦􀁜􀁉􀀱􀁉􀁬􀁾􀀠State ofTexas, has executed this Agreement pursuant to Commissioners Court Order Number 􀁚􀁾􀁾􀁾􀀠 and passed on the 17th day of December, 2002. TOWN OF ADDISON COUNTY OF DALLAS 􀁂􀁙􀁾􀁾 CNYJUDG ATTEST: APPROVED AS TO FORM: APPROVED AS TO FORM: 􀁾􀁣􀁾􀁾 City 􀁁􀁴􀁴􀁯􀁲􀁮􀁥􀁾􀀠 " Janet R. Ferguson hier, Civil Section alias County District Attorney's Office SUPPLEMENTAL AGREEMENTFOR ARAPAHO ROAD PROJECT Page2of2 ATTACHMENT A Sugglemental Agreement to Master Agreement Governing Transportation Major Cagital Improvement Projects DESIGN AND CONSTRUCTION CRITERIA PROJECT NAME: Arapaho Road, Phase III Date: April 2002 PAVEMENT AND ALIGNMENT TOPICS PAVEMENT SECTION PAYING DESIGN CRITERIA NCTCOG Standard Specifications for Public Works Construction & Town ofAddison Standard Construction Specifications ROW WIDTH: Existing: 􀁟􀀮􀂣􀁎􀁾􀀧􀁉􀁁􀀲􀀭􀀭___ Proposed: _8",0<...·_TL y""o,,-,_ PAYEMENT WIDTH: " Existing: __--ERMIT YES X (If> $50,000 of(ledestrian facilities) NO ANY OTHER PERMITS FROM OTHER AGENCIES SUCH AS TXDOT, DFW AIRPORT, DART ETC.? 􀁙􀁅􀁓􀁾􀁘____ 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 00 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 A2reement to Master A2reement Governinl: Transportation Major Capital Improvement Projects DESIGN AND CONSTRUCTION CRITERIA PROJECT NAME: Arapaho Road, Phase III ANY UNUSUAL CONSIDERATIONS ? 􀁟􀀮􀀮􀀮􀀮􀁊􀁎􀁾􀁑􀀢􀀭􀀭___􀁾􀀠 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 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 CONSlDERA nON 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 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 IRRIGAnON? 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 Agreement to Master Agreement Governing Transportation Major Capital Improvement Projects DESIGN AND CONSTRUCTION CRITERIA PROJECT NAME: Arapaho Road, Phase III WATER UTILITY RELOC.? Yes SAN. SEWER BETTERMENTS? NO SAN. SEWERRELOC.? NO RETAINING WALLS? Yes (STONE, BLOCKS. GAB IONS, PROPRIETARY TYPES) SOD, S EEDIN G, TO PSOIL ? __􀀭􀀢􀁂􀁡􀀻􀁬􀁯􀁬􀁬􀀡􀀮􀁣􀁾 􀁫􀀮􀀾􀀡􀀮􀁓􀀡􀁬􀀡􀁯􀁤􀀢􀀭􀀬􀁯􀀡􀁬􀀡􀁮􀀡􀀮􀀮􀀡􀁡􀁩􀀡􀁊􀁬􀁬􀁌􀀮􀀮􀀡􀁩􀀡􀀮􀀡􀀮􀀡􀀮􀁭􀀻􀁉􀁌􀁊􀁦􀀲􀁲􀁵􀀼􀁯􀁾􀁶􀁥􀁾􀁤􀁷􀀬􀁡􀁾􀁲􀁥􀁾􀁡􀁾􀁳􀀮􀀠 DRAINAGE IMPROVEMENTS? Install one storm sewer trunk with laterals crossing under (rom opposite side inlets. Also, utilize velocity dissipaters at outfall end oUhe 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 CONSIDERA nON? '. 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 Do:urnml If 998$80 ATTACHMENT A Supplemental Agreement to Master Agreement Governing Transportation Major Capital Improvement Projects DESIGN AND CONSTRUCTION CRITERIA PROJECT NAME: Arapaho Road, Phase m NEIGHBORHOOD MEETING, REQUIRED YES nJa NO IF REQUIRED WHO CONDUCTS, CITY OR COUNTY? Not applicable (City) CONSTRUCTffiILITY 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 ? MASTER AGREEMENT FUNDING On October 17, 2000. Dallas County Commissioners Court approved participation in Transportation Major Capital Improvement Projects for the Program Years 2004, 2005, and a portion of2006 by Court Order 2000-2117 with a list ofproposed accepted projects attached to the Court Order. A MASTER AGREEMENT GOVERNING TRANSPORTATION MAJOR CAPITAL IMPROVEMENT PROJECTS was executed by the Town of Addison and Dallas County pursuant to Court Order No. 20021375 dated July 30, 2002 which authorized transportation improvements ON ARAPAHO ROAD FROM ADDISON ROAD TO SURVEYOR BOULEVARD. TOTAL ESTIMATED PROJECT COSTS $14,328,120 CITY AND/OR OTHERS PARTICIPATION $12,895,308 DALLAS COUNTY PARTICIPATION $ 1,432,812 Document 11998580 9 ATTACHMENTB 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 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 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 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: CIV):APf::N City Secretary OFFICE OF THE CITY SECRETARY RS9-039 ATTACHMENT B ! ! 1 J ,::II ;; r---l ).5 ,i\ oS 1 : Wiley Post Rd 􀁉􀁬􀀭􀀭􀀭􀁊􀁾􀀭􀀬􀀬􀀭􀁾􀁌􀀭􀁾_____ Lindberg Or Dar! Roil --Belt line lid ..... i i ... '"' 􀁾􀀠 􀁾􀀠 -... _--PROPOSED ARAPAHO ROAD EXTENSION PROPOSED ARAPAHO ROAD PHASE I ( UNOER CONSTRUCTION ) ARAPAHO ROAD EXTENSION ?FleE OF THE CITY SECRETARY R99-039 TO Dallas C,lunty Cities FROM: Edith 3. Ngwa. Ph.D SUBJECT: Major Capital Impr(lvement Program (MCIP) CaH.tbr-Pruj""ts: Preliminary I::valualion Results DATR; January 12, 2004. Find attached the prelimirwy evaluation 􀁲􀁥􀁾􀁵􀁬􀁴􀁳􀀠ofthe 3td Call for Projects. All projects submitted for this Call were rated based un 10 evaluation criteria W(lrtu II maximwn of I() pllilllS eech. 1110 score lilT each criterion 􀁡􀀮􀁾􀀠well 􀁡􀀮􀁾􀀠the overall project scores arc displayed on the attached score sheet(s). Note that Ihe projectcoSI estimate on the SC(lfe sheet muy he different from thai OTiginally submitted by y(lur city. All 􀁰􀁲􀁴􀁾􀁩􀁥􀁣􀁴􀀠cost e$tirnates wore rcviewed by Llallas County Puhlic Works jur awul"dey. Where It 10% or abov" difference cxisted b"tween the project ClIst submittlld by the City and that derived by Llallas County, the cost was 􀁲􀁣􀁶􀁩􀁾􀁥􀁤􀀠to reflecl an IlgTt!ed-upon figure. Pleao;e review the results carcfully and contect Jack Hedge,. P .E. (214-653-6420) for questions regarding revised cost 􀁣􀁳􀁴􀁩􀁭􀁬􀁬􀁴􀁴􀀡􀁾􀀠and De. Edith Ngwa (214-653-6522) lor questions on Ihe evaluation 􀁲􀁥􀀮􀁾􀁵􀁬􀁴􀁳􀀮􀀠by January 22, 10114. If you do not respond by the January 22, 2004 deadline, we williissunlc thaI you agree with our preliminary evaluation results and therefore proceed with oue final evaluati(ln and scleclilln process. cc: Sam Wilson. P.E Alll.lchment 􀁾􀁾􀁴􀁾􀁾􀀠DALLAS COUNTY 􀁾􀁾􀁬􀀻􀁊􀀠PUBLIC WORKS •...... 􀁾􀁣􀀮􀁲􀁾􀀠􀁾􀀬􀀯􀁾􀀠 TO Dallas County Cities l'ROM: Edith 13. Ngwa. Ph.D SUBJECT: Major Cllpitallmprovement Progmm (MCTP) Call-for-Projects: Preliminary Evaluation Results DATF.: January 12,2004 Find attached the preliminary 􀁥􀁶􀁾􀁬􀁬􀀱􀁮􀁴􀁩􀀨􀁊􀁮􀀠􀁲􀀢􀁾􀁵􀁬􀁴􀁳􀀠of the 3rd Call for Projects. All projects submitted for this Cull were rated based on 10 evaluation criteria w('Irtll a maximum of 10 point>; eoeh. The score ii)r each criterion os w.JI as the overall pro,iect sC('Ires arc displayed ('In thc attached st:ore sheet(s). Note that the pC('Ijeet cost e31imate 011 the score sheet may he different from thut originally submitted hy y('lur city. All 􀁰􀁦􀁴􀁾􀁩􀁴􀀡􀁃􀁴􀀠cost e$timates were reviewed by Dallas County Public Works for accurllcy. Wherc a 10% or above difference existed between the project GIlsl submitted by Ihe City and that derived by Dallas County .• the C(lst was ruvised to ret1ect an agreed-upon figure. Please review the 􀁲􀁥􀁾􀁬􀁬􀁩􀁴􀁳􀀠earcfully and cuntne! Jack Hedge, P.E. (214-653-6420) for queSlill1ls regarding revised cost estimates and Dr. Edith NgWll (214.653-6522) f(,r qu.;:stlolls on the CValulIli"n 􀁲􀁥􀁾􀁵􀁬􀁴􀁳􀀮􀀠by JanulIl")' 22, 2004. If you do 11('11 respond by the January 22, 2004 deadline, we will assume that you agree with our preliminary cvalu!ltinn results and therefore proceed with om final evaluatioll and selection process. cc: Sam Wilson, P.E Attachment M o 0. .:,:" ,,,;. , , ,::-. >::;:. • ,.;;:' .;, 􀀺􀀬􀀺􀁾􀀬􀀺􀀠 t::':"· '!:<.'.::.-_:>i' <.;;r,li: 􀀺􀀺􀀺􀁾􀁾􀀧􀀬􀀠 ;:0;,. .[;1 ':1;;,; ,I: ".:.' 􀀮􀀺􀀺􀁪􀀧􀁾􀀭 ",:" ;', '._. 􀁾􀀠.;i:' Major Capital Improvement Project Ranking by District and by City ••·X" 􀀭􀁾􀀭􀀺􀀠 ',.-:."-.. '. .-.'.' ',,;-....... 􀀬􀁴􀀡􀁾􀀮􀀠 􀀧􀀭􀀭􀀧􀀬􀀧􀁾􀀢􀀠. . , i. ", ," 􀁾􀀮􀀧. .,-:"""".-,'. ,:.,-:,,",".'. 􀀮􀁾􀀢􀀠 .,,:, ......􀀺􀀬􀀺􀀬􀁾􀁾􀀻􀀺􀀢􀀠 · .. .'.".-.u':, ,,_ .• "',. 􀀬􀀬􀀡􀁾􀀧􀀾􀀠 "-",,,'." 􀀬􀀧􀁾􀀮􀀠 ,: "'. ro DiSl Project Locatiog Length Project City Percent Project (Miles) Cost Fll'lldilll: I\htdl Description City Beginning Ending me npJi1oer.r;ent mtoration oIlwemeild ut1iries, alJa' strwt.scape 􀁩􀁭􀀻􀀺􀁷􀁉􀁾􀁉􀁊􀁩􀀠 REC ProJec.t Score: 10 8 2 10 0 0 8 0 10 0 1.57 75 '1 0 .Q.. I'll o .," ..' 􀀮􀁾􀀮􀀧 ,..'....,.' 'it Monda,,! JtmUIII)' 11, 2004 o I.'.ll I , I: ,I.I, III Jan-lZ-04 05:2lP P.Ol ... FACSIMILE TRANSMISSION COYER SHEET DATE: January 12, 2004 SENT 8\': !sela &!d,if1;uez, Transt20rtation Planner DALLAS COUNTY PUI3UC WORKS DEPARTMENT 411 ELM STREET, 41'11 F1,OOR DALLAS, TEXAS 75202 Phone: 214·653·6417 Fax: 214·653·6416 TO: Steve Chlltchian. Assistant Cin I':ngineer COMPANY: Addison FAX NUMBER: 972-450·2837 PHONF. NO.: 972-450-2886 NO. OF PAGES (Inc. Cover Sheet): 3 COMMENTS: Please call 214-653-6417 ifthere are any difficulties or problems in the ll'!IIlslnission of this fax . .. . ... Steve Chutchian From: lsela Rodriguez [IRodrigue:z@daliascounty.orgj Sent: Friday. August 29, 20034:23 PM To: ruth.antebl@cedarhilltx.com; Steve Chutchian; wshumaC@cl.desoto.tx.us; dsohwari;z@ci.dunc anville.tx.us; rwunderlich@ci.gal1and.tx.us; jangel@ci.irving.tx.us; jsmllh@ci.lancaster.tx.us; jdittman@ci.mesquHe.tx.us; pbaugh@ci.rowIett.tx.us; Thomas.Geier@ollyofcarrollton.com; batkinson@oltyofsachse.com; walter.ragsdale@cor.gov; Dstephen@gptx.org; ahendrix@pbw.ci.dallas.tx.us Cc: DHolzwarth@dallascounly.org; ENgwa@daliascounty.org; SWilson@daliascounty.org Subject: MCIP Application Has Been Received Greetings: This email is a confirmation that your 2003 MCIP Application has been received. Thank You. Isela Rodriguez Transportation Planner Dallas County Public Works 411 Elm Street, Suite 400 Dallas, TX 75202 214-653-6417 1 Steve Chutchian To: cdaugherty@pbsj.com Subject: Dallas County Applications and Cost Estimates Clarence: Jim Pierce and I met with Mike Murphy to go over your proposal for performing cost estimates and submitting applications for two projects to Dallas County. It was Mike's desire to find a way to reduce your total fee to under $25,000 in order to circumvent taking this to the Council for approval. As a result, we need to respectfully request that you re-examine the components of the proposal and determine if some functions can be deleted or re.structured to allow for a reduction in total fee. We also decided that it would help if we prepared a cost estimate and submitted an application to Dallas County on Belt Line Rd. with the concrete reconstruction option only. This would eliminate the asphalt alternative completey. I will be out of the office until Monday. I look forward to talking to you soon about this issue. Your consideration is greatly appreciated. Thanks. Steve C. 1 ··PBS.,' Df:AYTAn employee-owned company June 10, 2003 f!-euJe(), Mr. Steve Chutchian 5z.c Town Engineer Town of Addison 􀀶􀁦􀁺􀀴􀀭􀁾􀀳􀀠 16801 Westgrove Dr Addison, Texas 75001-9010 RE: Cost Estimates for Beltline Road and Keller Springs Road Dear Mr. Chutchian: Attached is a proposed contract to prepare cost estimates and Dallas County applications for Beltline Road and Keller Springs Road. We appreciate the opportunity to submit this proposal and are anxious to begin this project. Part of the project is a rather straight-forward cost estimating effort. However, other parts depend on interaction with the Town staff and are more difficult to predict the amount of lime required. We feel we bring added value to this project that will enhance the result. Our many years of experience working with municipalities, both as employees and consultants, will allow us to increase the likelihood that all issues are identified, decided and estimated. We actually have already identified some issues for the staffs consideration, such as water and sewer lines that may need to be replaced. Another example is that now, having reviewed the ULI report, it is apparent that some improvements at Quorum and possibly other locations need to be antiCipated. We propose that we perform this work on an hourly basis. We have been asked to provide a maximum amount, which we have done. Obviously this amount is based on our best estimate of time required to perform the tasks in the scope of services that we have developed. We anticipate that the actual final amount invoiced could be less than the maximum if information is easily obtained from the Town, if deliberations about options need less time than we allowed, or if presentations to the Council are not required. We have attempted to accommodate your Council schedule and the County deadline in our schedule. We will work with you if you see the need for anything different. Please review this contract and let me know as soon as possible if it appears reasonable to you. We will be ready to perform this work as soon as you give us a notice to proceed. I will be out of town Wednesday through Friday of this week, but do not hesitate to contact me on my cell phone, (972) 816-7486. Sincerely, Clarence Daugherty, P.E. Director of Municipal Services C.\AddisonIBeltiine & KS frans Ilr. 6-10-03.doc 5999 Summerside Drive, Suite 202 • Dallas, Texas 75252 • Telephone. 972.380.2605 • Fax: 972.380.2609· www.pbsj.com Rev. 10100 Public Client PROFESSIONAL SERVICE AGREEMENT THIS AGREEMENT, made and entered into , by and between Post, Buckley, Schuh & Jernigan, Inc. (PBS&J) and the Client identified herein, provides for the Professional Services described under Item 2 of this Agreement. CLIENT: Town of Addison PHONE NUMBER: 􀁾􀀨􀀹􀁟􀀷􀁾􀀲􀀩􀁟􀀴􀁟􀀵􀀰􀁟􀁾􀁟􀀸􀁟􀀸􀀶 _________ FAX NUMBER: (972) 450·2837 ADDRESS: 16801 Westgrove Dr. Addison Texas 75001·9010 CONTACT PERSON: Steven Chutchian, P.E. PROJECT NUMBER: SHORT TITLE: Beltline and Keller Springs Cost Estimates and Applications 1. DESCRIPTION OF PROJECT SITE: BeltUoe Road between Dallas parkway and Marsh I ane and Keller Springs Road between Dallas Parkway and the Addjson Dmnel 2. SCOPE OF SERVICES TO BE PROVIDED BY PBS&J (If additional pages are necessary, they are identified as Attachment A): See Attachment A 3. THE COMPENSATION TO BE PAID PBS&J for providing the requested services shall be (If additional pages are necessary, they are identified as Attachment B): o Direct personnel expense plus a surcharge of %, plus reimbursable costs.' D A Lump-Sum charge of $ , plus out-of-pocket expenses.' 􀁾􀀠 Unit CostlTime Charges identified in Attachment B, plus reimbursable costs! D Other -See Attachment B . • See explanation under Item 5 below. 4. IF PBS&J's SERVICES UNDER THIS AGREEMENT ARE DELAYED for reasons beyond PBS&J's control, the time of performance shall be adjusted appropriately. Except where the services provided are under a continuous service contract for more than one year, if the services under this Agreement are delayed for a period of more than one (1) year from the beginning date (as above provided), the fees shall be subject to renegotiation; any change in such fees shall apply only to the unfinished services as of the effective date of such change. IN WITNESS WHEREOF, this Agreement is accepted an the date written above and subject to the teoms and conditions set forth above. (SIGN WITH BALL POINT PEN) CLIENT: Town of Addison POST. BUCKLEY, SCHUH & JERNIGAN, INC. SIGNED: _________________________________ SIGNED: ___________________________ TYPED NAME: Michael Murphy TYPED NAME: John R. Shenel< TITLE: Director of Public Works TITLE: Senior Vice President DATE: ___________________________________ DATE: _____________________________ Distribution: Copy 1 • PBS&J; Copy 2 -Client; Copy 3 􀁾􀀠PBS&J Accounting Public Client Rev. 10100 5. COMPENSATION: Oirect personnel expense shall De defined alll: the cost of salaries and fringe benefit costs related to vacation, holiday, and sick leave pay; contributions fOr Social Security, Workers' Compensation Insurance, retirement benefits, and medical and Insurance benefits; unemployment and payroll taxes; and other allowed benefits of those employees directly engaged in the performance of the requested service. Reimbursable costs Include: fees of Professional Associates (whose expertise is requlred to complete the project} and out-of-pocket expenses, the cost ot whlch shall be charged at actual costs plus en administrative charge of 18% and shall be jtemized and included in the invoice. Typical out-at-pocka! e)(pel'1ses shall include. but not be limited to, travel expenses (Iodg;ng, meats, etc.), job-related mifeage at the prevailing Company rate, long distance telephone calls, courier, printing and reproduction cosls, and survey supplies and materials. In the event Ihe requested service Involves the use of electronic measuring equipment, computers, plotters, and other special equipment such as boats, swamp buggies. elc" an additional direct charge shall be made for the use of Ihls equipment. II is understood and agreed thal PBS&J's services under this Agreement am limited to those described in Item 2 hereof (and Attachment A, if applicable} and do nol include participation in or conlro! over the operation of any aspecl of the project Compensation under this Agreement does not include any amount for participating In or controlling any such operallon, 6. INVOICE PROCEDURES AND PAYMENT: PBS&'J shall submit Invoices to the Cllen! fotwork accomplished during each calendar month. FOt services provided on a Lump Sum basis, the amount of eech monthly Invoice shall be determined on the 􀁾􀁰􀁥􀁲􀁣􀁥􀁮􀁴􀁡􀁧􀁥 􀀠of completion methOd" whereby PSS&'J will estimate the percentage of the total work (provided on a l.ump Sum basis) accomplished during the invoicing period. Monthly invoices shall include, separately listed, any charges for services for which time charges and/or unit costs shal! apply. Such invoices shall also Include, separately listed, any charges for Professional Associates and reimbursable costs. Such invoices shall De submItted by PBS&J as soon as POSSible after tho end of the month In which the work was accomplished and shall be due and payable by theellent upon ceceipl. The Clrenl, as owner or authorized agent for lhe owner, hereby agrees that payment as prOVided herein will be made for seid work within 30 days from the date Ihe Invoice for same is mailed to the Clienl althe address set out herein or is othelWise delivered, and, in default of such payment. hereby agrees 10 pay all costs of collection, Incrudlng reasonable attorney's fees, regardless of whether lega! action 1$ initiated. The Client hereby acknowledges that unpaid invoIces ahan accrue interest at the maximum retailed by law aller they have been outstanding for over 30 days. PBS&J teserYt!s the right to suspend all services on the Client's project without nollce if an invoiee remains unpaid 45 days after date of invoice. This suspenSion shall remaIn In effect until all unpaid invoices are paid in full. It is understood and agreed that PBS&J's services under this Agreement do not inClude participation, whatsoewt, in any litigation. Should such services be required, a supplemental Agreement may be negOtiated between the Client aI'Id PBS&J describing the serviees desired and providing a basiS fOr compensation to PBS&'J, 7, COST ESTIMATES: Client hereby acknowledges thai PBS&J cannot warrant that anycoS1 estimates provided by PBS&J win not vary from actual costs Incurred by the Client. a. LIMIT OF LIABILITY: The limit of l1abiHty of P9S&J to the Client for any cause or combination of eguses shall be, in total amount. Ifmited 10 the fees paid under this Agreement 9, CONSTRUCT(ON SERVICES: If, under this Agreemenl, professional services are provided during the construction phaso of the project, PBS&J shall not be responsIble for or have control over moans, methods, techniques, sequences. or procedures, or for safety precautions and programs In connection with the Work; nor shall PBS&J be responsible fOr the ContractOl's failure to carry out the Work in accordance wJlh the Contract Documents Of for lhe Coniracto(s talll.fi to comply with applicable laws, ordinances, rules or regulations. 10. INsURANCE: ?BS&J shall at all times carry Workers' Compensallon insurance as required bystah.Jfe: commercial generalliabillty insurance inclUdIng bodUy Injury and property damage; automobile liablllty coverage; and professional liability cowrage. Insurance certllIcates will be provided 1.0 the Client upon request Client agrees to require that PBS&J be named as an additional insured on insurance coverages provided by contractors on the project. 11. ASSIGNMENT: Neither the C(>ent nor PBS&J will assign or transfer its interest in Ihis Agreement withOut Ihe written consent of the other, 12. SUSPENSION. TERMINATION, CANCELLATION OR ABANDONMEN'T: In the evenl the project descrlbed In AtlachmenlA, or the services of ?8S&J called for under this Agreement, islare suspended. cancelled, lerminated or abandoned by the Client, PBS&J sharr be given seven (7; days prior written notice of such action and shall be compensated for the professional services provided up to Ihe dale of suspension. iermlnalion, cancellation or abandonmeffi In accordance with the prOViSions of this Agreement for all work performed up to the dale of suspension, termination, cancellation or abandonment, including reimbursable expenses. 13, ENTIRETY OF AGREEMENT: ThIs writing, includmg attachments and addenda, if any, embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and unden;:tandings, oral Of written, with reference to the subject matter hereof that are not merged herein and superseded hereby, No alteration, change Of modifICation of the terms of thIs Agreement shall be valid unless made In writing signed by both parties hereto. 14. DOCUMENTS: Any reuse by the cHent or others of documenls and plans thai resu!! from PBS&'J's servICes under this agreement shall be at the Client's or olhers' sole risk without liability to PBS&'J. 15. WAIVER: Any failure by PBS&J to requlre strict compliance with allY provision of this contract shall not be cons1!ued as a waiver of such provision, and PBS&J may subsequently require strict compliance at any time, ootwithstandi!lQ any prior failure to do so. 16, DISPUTE RESOLUT10N: If a dispute arises out of or relates to ihis Agreemenl or the breach thereof, the partieS will attempt to settle the matter between themselves, Ifno agreement can be reached the parties agree to use mediation With a mutuafiy agreed upon mediator before resorting to ajudiclal forum. The cost of a third party mediator will be shared equally by Ihe parties. In the event of lltigailon, the prevaJling party will be entitled to reimburnement of all reasonable costs and attorneys' fees, The parties mutually agree that a similar dispute resolution clause will be contained in all O1her contracts executed by Client concerning Of related to Ihls contract and air subcontracts executed by P8S&J, 17. HAZARDOUs WASTE. MATERIALS OR SUBSTANCES: Unfess othef'INise specifically provided in this Agreement, PBS&J shall not be responsible for or halJe control over the dIScovery, presence, handling, reml')val. transport or disposal of hazardous waste, malerials or substances In any form on the project site. 18. GOVERNING LAW: This Agreement Shall be governed by and conslrued according to the laws of the State where the situs of the work is located, 19, l.IMITED COPYRIGHT LICENSE: PBS&J grants Clten! a paid-up, non-transferable. nOll-exclusive license to make or have made copies of any ecpyflghtable materials delilJerod under this Agreement and speclflcaUy marked by PBS&J as "Reproduction Authorized". 20. INTELLECTUAL PROPERTY: With the sole exception of specifically marked reproducible materials Subject 10 the Umlted Copyright License herein, all worldwide right, title and lnterest in and to any and all Intellectual Property conceived, invented, aulhored Of otherwise made by or on this Agreement shall remain lile sole and excluSive property ot PBS&J, its successors and assfgns unless licensed or assigned by PBS&J pursuanllo a separate wnlten instrument The term "Intellectual Property shall be construed broadly to Include aU forms of intellectual property lncluding without limitation all inventions, dlsCOlJeries, designs, plans, improvements, trademarks, service marks and copyrights in drawings, computer progrems, architectural WOrks and in all other original works of authorship. ATTACHMENT􀁾􀀠Scope of Services ATTACHMENT 􀁂􀁾􀁃􀁯􀁭􀁰􀁥􀁮􀁳􀁡􀁴􀁴􀁯􀁮􀀠 ADDENDA A (if required) STANDARD RATE SCHEDULE PERSONNEL: Personnel cost is reimbursed based on a multiplier of 2,5 applied to direct personnel expense. Direct personnel expense for each employee is based on the cost of salaries and fringe benefit costs related to vacation. holiday, and sick leave pay; contributions for Social Security, Workers' Compensation Insurance, retirement benefits, and medical and insurance benefits; unemployment and payroll taxes; and other allowed benefits of those employees directly engaged in the performance of the requested service, Ranges of hourly direct personnel expense by personnel classification are as follows: Principal I Director $ 50,00 to $100,00 Senior Engineering Staff $ 29,00 to $ 85,00 Engineering Staff $ 19,00 to $ 55,00 Senior Scientist $ 23,00 to $ 70.00 Scientist $ 13,00 to $ 40.00 Senior Survey Staff $ 28.00 to $ 55.00 Survey Staff $ 15.00 to $ 31,00 Senior Technical Support $ 20.00 to $ 48,00 Technical Support $ 11,00 to $ 28,00 Lab Technicians $ 8,00 to $ 30,00 Senior Clerical I Administration $ 24,00 to $ 45,00 Clerical I Administration $ 9.00 to $ 32.00 SURVEY FIELD CREWS: Survey field crews and equipment will be provided at the following fixed hourly rates: Two-man Field Crew $ 95,00 per hour Three-man Field Crew $120,00 per hour Four-man Field Crew $145,00 per hour Additional Rodman, Chainman, or Flagman $ 25,00 per hour G.P.S, Static Receivers $160,00 per day per receiver G.P.S. RTK System $400.00 per day There is no mileage charge when the job site is within 50 miles of the office from which the survey crew originates. OSHA 29 CFR 1910.120 certified [!eld and office personnel are available upon request at an additional cost. REIMBURSABLE COSTS: Reimbursable costs include: fees of Professional Associates (whose expertise is required to complete the project) and out-of-pocket expenses, the cost of which shall be charged at actual costs plus an administrative charge as described in the contract and shall be itemized and included in the invoice. Typical out-of-pocket expenses shall shall include, but not be limited to, travel expenses (lodging, meals, etc,), job-related mileage at the prevailing Company rate, long distance telephone calls, courier, printing and reproduction cosls, and survey supplies and materials, In the event the requested service involves the use of electronic measuring equipment, computers, plotters, and other special equipment such as boals, swamp buggies, etc" an additional direct charge shall be made for the use of this equipment PROCEDURES AND PAYMENTS: PBS&J shall submit invoices to the Client for work accomplished during each calendar month. For services provided on a Lump Sum basis, the amount of each monthly invoice shall be determined on the "percentage of completion method" whereby PBS&J will estimate the percentage of the total work (provided on a Lump Sum basis) accomplished during the invoicing period, Monthly invoices shall include, separately listed, any charges for services for which time charges andlor unit costs shall apply, Such invoices shall also include, separately listed. any charges for Professional Associates and reimbursable costs, Such invoices shall be submitted by PBS&J as soon as possible after the end of the month in which the work was accomplished and shall be due and payable by the Client upon receipt The Client agrees that the monthly invoice from PBS&J is correct, conclusive, and binding on the Client unless the Client within twenty (20) working days from the date of receipt of such invoice, notifies PBS&J in writing of alleged inaccuracies, discrepancies, errors in the invoice, or the need for additional backup. The Client, as owner or authorized agent for the owner. hereby agrees that payment as provided herein will be made for said work within 30 days from the date the invoice for same is mailed to the Client at the address set out herein or is otherwise delivered, and, in default of such payment, hereby agrees to pay all costs of collection, including reasonable attomey's fees, regardless of whether legal action is initialed, The Client hereby acknowiedges that unpaid invoices shall accrue Interest at the maximum rate allowed by law after they have been outstanding for over 30 days. PBS&J reserves the right to suspend all services on the Client's project without notice if an invoice remains unpaid 45 days after date of invoice. This suspension shall remain in effect until all unpaid invoices are paid in full, Central Region I 0412Q1 ATTACHMENT A SCOPE OF SERVICES PART A -BELTUNE ROAD Tasks To Be Performed by PBS&J. Task A1 • Estimating the Cost. PBS&J will provide the services necessary to develop estimates of cost for two alternative methods of rehabilitating the pavement of Beltline Road and to prepare an application for funding participation by Dallas County. The project limits will be from Dallas Parkway (Dallas North Tollway) to Marsh Lane. Option 1 -PBS&J will prepare an estimate of the cost of an asphalt overlay as well as a list of factors to consider when evaluating this option. This cost estimate will include the following: 1. all the preparation necessary for the overlay, including grinding of the existing surface to the level necessary to accept the overlay, 2. removal of traffic markings, 3. removal and replacement of failed pavement sections, 4. replacement of any water or sewer mains determined to need replacement, 5. $12,000,000 lump sum for "streetscaping", 6. a factor for possible re-construction at Quorum or other locations to accommodate the "urban design" recommended in the 2002 ULI " Strategy for Redevelopment", 7. application of any bonding agent necessary for adherence of the overlay to the pavement, 8. application of the actual overlay, 9. installation of traffic markings and signs, 10. adjustment of traffic signalization loops or other equipment, 11.construction traffic control to accomplish the minimum disruption to the adjoining property-owners. Option 2 -PBS&J will prepare an estimate of the cost to remove and replaca the existing Portland Cement Concrete pavement as well as a list of factors to consider when evaluating this option. This cost estimate will include the following: 1. all efforts required to remove the existing pavement and place new concrete pavement, 2. a factor for possible re-construction at Quorum or other locations to accommodate the "urban design" recommended in the 2002 ULI " Strategy for Redevelopment", ATTACHMENT A SCOPE OF SERVICES 3. replacement of any water or sewer mains determined to need replacement, 4. $12,000,000 lump sum estimate for "streetscaping", 5. installation of traffic markings and signs, 6. adjustment of traffic signalization loops or other equipment, 7. construction traffic control to accomplish the minimum disruption to the adjoining property-owners. This proposal assumes, for both options 1. that the Town will determine and provide to PBS&J the necessary information about the water and sewer lines which must be replaced, 2. that the cost of replacement of any other underground utilities, including pavement repairs, will not be included in the project estimate and 3. that the $12,000,000 lump sum estimate provided by the Town of Addison for desired "streetscaping" improvements includes any costs that might have to be incurred by the Town for the conversion of overhead utilities to underground. Task A2 -Report and Meetings. Both options will be prepared in an appropriate format with the the necessary narrative appropriate to clearly explain the estimates to the Town Public Works staff. It appears that an extensive graphics presentation ofthe information is unnecessary and will not be included. A draft report will be submitted to the Public Works staff. PBS&J will meet with the Public Works staff one time after their review of the draft report to discuss and receive direction conceming revisions to the report. PBS&J will refine the documents as requested by the Town Public Works staff and will present them in one meeting to the Town Manager. Further refinements will be made as necessary and the documents will be presented to the Town Council at one meeting if requested to do so by the Town Manager. Task A3 -Dallas County MCIP Application. When the Town determines which option to utilize, PBS&J will prepare an application to the Dallas County MCIP to request the County participate in the cost of the selected option ATTACHMENT A SCOPE OF SERVICES Tasks to Be Performed by the Town. provide locations and agree on size of section of failed pavement to be removed and replaced -determine if any water or sewer mains need to be replaced as part of this project -provide Town documents such as accident records, etc., necessary for the proper completion of the Dallas County MCIP application review submittals of PBS&J and provide timely comments for revisions ATTACHMENT A SCOPE OF SERVICES PART B -KELLER SPRINGS ROAD Tasks To Be Performed by PBS&J. Task B1 -Estimating the Cost. PBS&J will provide the services necessary to develop estimates of cost for the widening of Keller Springs Road from Addison Road to Dallas Parkway (Dallas North Tollway) and to prepare an application for funding participation by Dallas County. This cost estimate will include the following 1. the removal of any curbs or existing pavement necessary to facilitate the widening, 2. replacement/adjustment of any water or sewer mains determined to need replacement/adjustment, including pavement repair, 3. the construction of the additional pavement, curbs and medians necessary to widen the street to the geometric section specified by the Town, 4. installation of traffic markings and signs, 5. adjustment of traffic Signalization loops or other equipment, 6. construction traffic control to accomplish the minimum disruption to the adjoining property-owners. This proposal assumes 1. that the Town will determine and provide to PBS&J the necessary information about any water and sewer lines which must be replaced and 2. that the cost of replacement of any other underground utilities, including pavement repairs, will not be included in the project estimate. Task B2 -Report. PBS&J will provide the estimate and any narrative required to clearly explain the estimated costs to the Town Public Works staff. PBS&J will refine these documents as requested by the Town Public Works staff and will present them to the Town Manager. Further refinements will be made as necessary and the documents will be presented to the Town Council if requested to do so by the Town Manager. ATTACHMENT A SCOPE OF SERVICES Task 83 -Dallas County MCIP Application When the Town approves the estimated cost, PBS&J will prepare an application to the Dallas County MCIP to request the County participate in the cost of this project combining it with the widening project between the Tunnel and Addison Road being managed by the North Texas Tollway Authority. It is assumed that the estimated cost of this segment will be provided to PBS&J and that PBS&J will receive the necessary information required for the application, such as traffic accident data, etc. Tasks to Be Performed by the Town. -detenmine if any water or sewer mains need to be replaced as part of this project determine what geometric design the Town desires for this segment of Keller Springs provide Town documents such as accident records, etc., necessary for the proper completion of the Dallas County MCIP application review submittals of PBS&J and provide timely comments tor revisions ATTACHMENT B COMPENSATION AND SCHEDULE Compensation PBS&J proposes to charge for the time actually spent providing the services specified in Attachment A. The time will be charged according to the rates shown in the attached Standard Rate Schedule, with a total fee for the tasks listed in Attachment A, Scope of Services, not to exceed $37,000. Additional services, such as additional meetings beyond those listed, will be provided only at the direction of the Town and will be charged on an hourly basis as indicated above. Schedule The draft report will be submitted to the Public Works staff by July 18, 2003, assuming that information about the possible replacement of water and sewer lines is provided by July 1. It is anticipated that review by the Public Works staff and the Town Manager can take place in time to present the report to the Town Council, if necessary, at the August 12 meeting of the Council. Then the applications to Dallas County can be prepared and submitted by the August 29 deadline. With the cooperation of the Town staff, information for the County applications will be gathered ahead of the Town Council meeting so that there will be no problem preparing the applications by the August 29, 2003 deadline. City of Addison Cost Estimate Preparation Workload Estimate Part 9 -Keller Springs Road P.M. Engr Staff CAD Task B1 -Estimating the Cost Detennine quantity and cost of utility replacements 6 Detennine pavement, etc. quantities 2 8 2 Obtain current cost data and calculate cost 2 Task B2 -Report and Meetings Prepare and submit draft report 3 16 16 3 Refine report 1 4 4 1 Present to Town Manager· 0 0 Refine report and prepare for Council 1 4 4 1 Present to Town Council • 0 0 Task 93 -Prepare Dallas County MCIP Application Obtain required data • 0 2 Prepare Application 3 16 3 Present to City Staff· 0 0 Refine Application 1 4 1 Assist with Submission of Application 2 2 Total 13 70 24 13 Hourly Billing Rate $140 $100 $65 $140 $1,820 $7,000 $1,560 $1,820 Subtotal $10,380 Reimbursables $500 Total PBS&J Estimated Fee (Keller Springs Rd.) $10,880 • Part of gelliine Estimate 􀁾􀀽􀁦 􀁾􀁾J. V-.l \r 􀁾C01 􀁾# 􀀠 ATTACHMENT A SCOPE OF SERVICES. Tasks To Be Performed by PBS&J. PBS&J will provide the services necessary to develop estimates of cost for two alternative methods of rehabilitating the pavement of Beltline Road and to prepare an application for funding participation by Dallas County. The project limits will be from Dallas Parkway (Dallas North Tollway) to Marsh Lane. Option 1 -PBS&J will prepare an estimate of the cost of two-inch hot mix asphaltic concrete overlay as well as a list of factors to consider when evaluating this option. This cost estimate will include the following 1. all the preparation necessary for the overlay, including grinding of the existing surface to the level determined by the Town of Addison and PBS&J 􀀭􀁲􀁥􀀮􀀯􀁾􀀠 2. removal oftra arkings 3. of any water or sewer mains determined to need replacement 4. of any overhead utilities ill 'IAEiergrg'l1'l8 5. installation of new "streetscaping": new landscaping, 􀁳􀁩􀁧􀁮􀁳􀁾􀁳􀁴􀁲􀁥􀁥􀁴􀀠furniture, special crosswalk pavements, intersection pavements, etc. 6. application of any bonding agent necessary for adherence of the overlay to the pavement 7. application of the actual overlay 8. installation of traffic markings and signs 9. adjustment of traffic signalization loops or other equipment 10. traffic control assuming the minimum disruption to the adjoining propertyowners Option 2 -PBS&J will prepare an estimate of the cost to remove and replace the existing Portland Cement Concrete pavement as well as a list of factors to consider when evaluating this option. This cost estimate will include the following 1. all of effort required to remove the existing pavement and place new concrete pavement 2. replacement of any water or sewer mains determined to need replacement 3 GGlI'l¥li'reien !,r ally ligerhead IItjijties t8 IIArierglObinli "Jack Loggins" 03/25/03 11 :02AM »> Do you want ot get involved in this matter? Obviously, converting all these unbuilt projects will create more delays and since the project has been underway for 4-7 years wlth the designers, they will greatly increase their costs In an attempt to cover the overmuns that have occurred because of this long process. JackW. Loggins, P.E., Dallas County Consultant Parson's Brinckerhoff 411 Elm Street, 4th Floor, Dallas, Texas 75202 214-653-7136 FAX 214-653 -6445 >>> 'Suja Mathew" 03124 11:52 AM »> Craig: August, 2003 is the deadline for us to submitting the metric projects. I am trying to get a metric exception for the rest of the CMAQ projects. We have to convince Austin with our good reasons for maintaining these projects in Metric. Please forward me the justification ASAP. Thanks for your assistance. Suja 3126/2003 Steve Chutchian From: Isela Rodriguez [IRodriguez@daliascounty.org] Sent: Thursday, February 13, 2003 12:55 PM To: ferriswaler@ainnail.net; jlandon@ainnail.net; ferriswater@azmail.net; Jim.sparks@cedarhilltx.com; ruth.antebi@cedarhilltx.com; Jpierce@ci.addison.tx.us; Schutchian@ci.addison.tx.us; kgriffin@ci.coppell.tx.us; GvazqueZ@ci.desoto.tx.us; Kbolton@cLdesoto.tx.us; tjohnson@ci.desoto.tx.us; wshumaC@cLdesoto.tx.us; dschwariz@ci.duncanville.tx.us; pavageam@ci.fanners-branch.tx.us; mpolocek@ci.garland.tx.us; Rwenderl@ci.garland.tx.us; Rwunderlich@cLgariand.tx.us; jenryh@ci.grapevine.tx.us; jcline@ci.irving.tx.us; jdriscoll@ci.irving.tx.us; jlandon@cUancaster.tx.us; jdittman@ci.mesquite.tx.us; rberry@cLmesquite.tx.us; afrussy@cl.rowlett.tx.us; jchancellor@ci.rowlett.tx.us; Jspeer@ci.university-parlk.tx.us; msferra@ci.wylie.tx.us; wmcdonald@cityofbalchsprings.com; John.romberger@cityofcarrollton.com; randy.walhood@cityofcarrollton.com; Thomas.Geiar@cityofcarrollton.com; tdingler@cityoflawlsville.com; batkinson@cllyofsachse.com; jcrase@cityofsachse.com; jcrase@cityofsachse1.com; Mikahitt@cityofseagoville.org; cityadministrator@cockr ell-hill.tx.us; walter_ragsdale@cor.gov; CSTRINGE@dwu.ci.dallas.tx.us; eholey@dwu.ci.dallas.tx.us; Esteitl@dwu.ci.dallas.tx.us; Lholgui@dwu.ci.dallas.tx.us; nvaughn@dwu.ci.dallas.tx.us; cilymanager@glennheights.com; Dstephen@gptx.org; rlarkinS@gptx.org; mdadgostar@hptx.org; ovillacamp@nelscape.net; ahendrix@pbw.ci.dallas.tx.us; cityofhutchins@prodigy.nel; BsprlngS@swbell.net; publicworks@lownofsunnyvale.org Cc: DHolzwarth@dallascounty.org; DStringfellow@dallascounly.org; ENgwa@daliascounty.org; JHedge@daliascounly.org; KElkhalid@daliascounly.org; KJackson@daliascounly.org ; LSluarl@daliascounly.org Subject: MCIP MS Access Application Downloadable for Review Greetings Dallas County Partners: January's MCIP workshop benefitted from the participation of over half of the member cities. The department greatly appreciates your time and input and hopes you found it to be a productive meeting as well. One of the items covered at this meeting was the new MCIP application. The format has been changed from Excel to MS Access 97. As requested, we are providing a draft version of it so that cities may become familiar with the format and have time to work out any technical difficulties prior to the issue of the next call-forprojects. Additionally, we would like input from the cities by February 21st as to whether a workshop geared specifically to learning the new application is necessary. The DRAFT version of the MS Access application has been placed on Dallas County's website for your review: http://www.dallascounty.org/html/citizen-serv/pubwks/mcip-projects.html We suggest you download it using Internet Explorer, as some people have experienced difficulty using Netscape for this purpose. If you are unable to download it with either browser, send us an email with your mailing address and we will get it to you on a CD. Additionally, a set of instructions on using the database and the technical methodology are also on the webpage. If you need assistance with using the application do not hesitate to contact 􀁭􀁥􀁾􀀠 Contact infor-mation can be found on the instruction sheets themselves. Please let us know if anything on the DRAFT MCIP application or instructions do not make sense. Don't forget to get your comments back to Dr. Edith Ngwa (Engwa@dallascounty.org) or myself by the 21st. We look forward to hearing from you. 1 .,.', ':.", ,. 􀁾􀀠 ... ' 􀀧􀀮􀁾􀀮􀀠 -. ",' . '. -' . . .., ., '" J. Isela Rodriguez Transportation Planner Dallas County Public Works 214-653-6417 ********************************************* 2 Part 1. Project Identification DRAFT MCIP 􀁎􀁵􀁭􀁢􀁥􀁾􀀠II:] District: 13 City: 􀁉􀁲􀀺􀁄􀁾􀁡􀁾􀁬􀁉􀁡􀀭􀁳􀀭􀀭􀀺􀁃􀁯􀀺􀀭􀁵􀀭􀀭􀀺􀁮􀁴􀀭􀁹􀀭􀀭􀀭􀀭􀁲 􀁾􀁾􀁾􀁾􀁾􀁾􀀽􀀽􀁾􀁾􀁾􀀠 Project Name/Location: IExamPle lane Widening Beginning: Iintersecting Road 1 I Ending: Iintersecting Road 2 MAPSCO:, ,,14:.:6:=B,--, Project Length: 11-875 IMiles Functional Class: ®Lin Regional I Ave Num of Accidents for last 3 years: D Condensed Widen from 2 to 4 lanes, with storm sewer improvements. Add 6' wide sidewalks Description of Proposed to both sides. , Improvements: Part 2. Pavement and Centerline Alignment Proposed Pavement Section: 14 lane divided, I Current Pavement Conditions: IFair I Pavement Design Criteria: ICity of Dallas, TxOOT Existin1! ell', 2·12' lanes PI ... Pavement Width: 2 11' lanes, 3' 􀁾lanes with C&G Pavement Surface Type_Thickness: ,2' I 10' Pavement Base Type Thickness: 􀁾􀀠lase, S' I AC,4' I Pavement Subgrade Type Thickness: ,6' I CSB,8' Parkway Width: 0 I 12' Sidewalks Width: '0 I i Through Lanes Width: 12,11' I ,2' Left Turn Lanes .Width: 0 I 0' Left Turn Storage Length: 0 I 1100' I Right TUrn Lanes: 0 I Median Width: 0 I 􀁾􀀠 I Bicycle Lanes Width: 0 I rn; 5' I Grade Requirements: For Projects with Repairs: Average Expected Cut: 13' I Type of Repair: 1 Average Expected Fill: 10 I Actual repair Size: 1 I I o Is Centerline aligned with Center of ROW? include sq ft and linear It of edge If not! how much is It offset from the center and to which side? 1 I Part 3. Traffic Part 4. Drainage 145 Slorm sewer Design Criteria: Design Speed: I mph 125 Year 􀁆􀁲􀁥􀁱􀁵􀁥􀁮􀁣􀁾 I Average Posted Speed: 135 I mph Existing Proposed Average Operating 125 I Speed: mph Numberof Culverts and 12 barrels, 11')(5'1 12 barrels, 11'X5'1 Traffic Volume: 12000 I their dimensions: (barrels, SxHxL) Traffic Volume Source: INCTCOG I Bridge length and width: IZOO' ,40' I 1200', 100' I Presence of Bus and/or Heavy Truck Traffic? 0 I Is any seclion of the road under Ihe 100 year flood plain? 0 ! i I Part 5. Utilities \ia Water Lines o Railroad Lines Document known Iduct bank \ia Risks for Utility Gas Lines o TRA Lines Partners: \ia storm Sewer o Transmission Lines 􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭� �􀀭􀀭􀁾􀀠 o D Utilities are on EXisting Street ROW Sanitary Sewer \ia Underground Vaults \ia Other Underground Utiliti 􀁾 Utifities Own their ROW or have Previous Easements Gable \ia \ia SUE (Subsurface Utility Engineering) will be needed Electricity Lines lfiber optics Any Special Considerations? I ' Part 6. ROW Acquisition A. Safety C. Right of Way D. General Acquisition Costs o ROW Contact Person ";IM:;'r;;;."'R-ow-m-an--'""TI Transit (DART lines) Estimated Cost of Land onlyl$7S,000.00 \ia School Phone Number: 1(214) 753·6859 I \ia Cost of Improvement in ROwj$125,Ooo,00 I Church Existing ROW Width: 􀀱􀁾􀀶􀀰􀀻􀀻􀀻􀀢􀀽􀀽􀀽􀁾􀁉􀀠 o Municipal Buildings Number of Parcels with Damages: Is I Proposed ROW Width: 1115' I Other I I Cost of Damages: 1$100,000.00 I Number of ROW Parcels: 125 I B. Environmenta I Number of of Bisected Improvements: 11 Area of ROW requ Ired: I \ia Floodplai n r.==:'!:'"---r Cost of Bisections: Fee Acquisition: 1150,000 I sq. ft. 1$IS0,000.00 I \ia lake o Permanent Easement: 􀁾􀁊􀀳􀁾􀀰􀀻􀀺􀀬􀀰􀁾􀀰􀁾􀀰􀀻􀀻􀀻􀀻􀀻􀀽􀀻􀀻􀀻􀀻􀀻􀀻􀀠sq. ft. ROW Subtotal: $450,000.00 Historical Designation o Temporary Easement: 150,000 I sq. ft. Cemetery \ia Number of Bisected; Inflation Factor (6 years) I$81,00000 I Junkyard Houses: r.:10:-O----"'\'i Other I I Commerc,al Buildings: 11 ! Total ROW Cost: [$531,000.00 I comments on Bisected improvement is a school. Junkyard on South Side of the project does I ROW List and Explain Any Non not comply with Zoning. Availabilityl 􀁾􀀢􀀺􀁚􀀮􀁾􀁤􀁤􀁩􀁴􀁩􀁯􀁮􀀠has 20' dedication for Conformity Easements: HOW. Issues: Part 7. Other Amenities to the Project .......These items may not be covered under MCIP contract o Sanitary Sewer Relocation" \ia Landscaping"*" \ia Traffic Signals o Retaining Walls o Exposed Aggregate \ia Pavement Markings liZ! Sod, seeding, Topsoil o Driveways, Sidewalk.... 0 DART Bus Turnout !ill Drainage Improvements o stamped/Colored Concrete-0 Bus Stops or Shelters o RR Crossing Improvements Irrigation-0 Water Utility Improvements' o Brick Pavers'" 0 Water Utility Relocation-\ia Grade Saparations \ia Street Ughting \ia Sanitary Sewer Improvements'" o Ramps or Connectors to TxDOT Facilities Part 8. Public InVOlvement Comments on Currently in negotiations due to related project Opposition: Expected to reach agreement late Summer 2003. liZ! Has your City Council Approved the Project? \ia Has Any Opposition been encountered? Other General Related project is an apartment complex housing Comments: 100 families. Part 9. Project Cost Paving and Drainage: 1$1,650,000,00 1 Design: b225.15000 1 Total Project 1$3>494,370.00 I Cost: Bridge: 1$0,00 1 Right Of Way Cost:1 $531,000_00 I Lighting: @!l,ooo_oo _ UtilityfAmenities:*'$15,000_OO 1 SUE: 1$35,55000 1 Signal: 1$175,000_00 1 Utility/Amenilies:1$15,OOO,00 1 Shared Cost= 1$3.479,370,00 I Railroad Matenals Testing: $39,50000 ! : 1$000 Sublotal2= $3,176,700_00 Percent of Local Contribution W % Subtotal 1= $1,975,000_00 Project Delivery: $317,670_00 Inflation: $355,500_00 City's Share: 1$1.739,685.00 I Supporting Comments I Construction Total $2,370,00000 Regarding Cost: ... Utllitly/Amenitles costs typlCally borne by City I . . . . 10. Please submit maps and supportmg documents deplctmg the project and needs. Sketches are also welcome and appreciated. Dallas County Major Capital Improvement Program (MCIP) Application Instructions The fullowing instructions provide a detailed description ofthe infonnation requested for each field within the MS ACcess 97™-based Project Application. The application was designed to solicit sufficient infurmation to convey a thorough understanding ofeach proposed project. It is recommended that a team composed ofPlanners, Engineers, and Right OfWay agents be assembled to completely fill-out the application for each proposed project. Additionally, cities are strongly encouraged to submit all available documents on the proposed project such as design plans, ROW parcel acquisition/donations, and preliminary engineering specifications, in order to assist the County in the project cost estimation, evaluation, and selection process. Table of Contents Application Process Steps Page Number: Step 1: Accessing the Application 2 Step 2: Entering Contact Information and NaviJ;!;atmJ;!; MS Access 97™ 2 Step 3: Entering Proiect Information Information 3 Step 4: Submitting your Applications to Dallas County 4 1 Paper Submittal ofall Applications and Cover Sheet 4 2 Electronic Submittal ofDatabase 5 Individual Field Identification • Part 1. Traffic 7 i Part 2. Pavement 8 Part 3. Drainage 9 Part 4. Utilities 10 Part 5. ROW Acquisition 10 Part 6. Amenities to the Project 11 Part 7. Other Amenities to the Project 13 Part 8. Public Involvement 14 Part 9. Total Project Cost 14 :; 1 Step 1: Accessing the Application Because this application is being distributed on a CD, you will need to save a copy ofthe application to your hard drive in order to save any entries you make to the furm It is also recommended that you save these instructions in the same folder fur quick reference. Step 2: Entering Contact Information and Navigating MS Access 97™ After you copy the contents ofthe CD to your hard drive, you are ready to launch the '2003 MCIP Application' Database. Open it up and find the Fonns tab (pink circle). Click on the Fonns tab. In the Fonns tab you will see a form called "City Information". Point the cursor to this furm and double click on it to open it. Once you open the "City Information" form, you will see a space to enter your city's name, the project contact person's name, email.mailing address, and phone nwnbers. You can advance along the form by using your keyboard "Tab" key or the point-and-click method. Upon completion ofthis form, you may close the 'City Infurmation' form by clicking on the "X" in the upper right corner ofthe form window. The data you entered will automatically be saved. Be sure to click on the lower "X" as clicking on the upper "X" will close the MS Access application. 2 Step 3: Entering Project Information You are now ready to begin filling out the project information. Once again, looking at the Forms tab, you want to open up the 'Application' fonn. Upon double clicking on 'Application', the following should appear: PI""" N..",)l""""" IExample Lane Begi'll'ing: Ilrtefc.edirog Road 1 I 􀁅􀁾􀀠 MAPSCO: 􀁾􀀠 ProjedlM9h: L1875_-----.JMiIes 􀁆􀁬􀁲􀁬􀁾􀁾􀀠INotonFt6(iIl"Ullli] 􀁁􀁶􀁥􀁎􀁕􀁉􀁉􀁜􀁯􀀡􀁁􀁥􀁣􀁬􀁤􀁯􀁭􀁴􀁪􀁣􀁴􀁉􀁍􀁩􀀳􀀬􀁙􀁥􀁡􀀱􀁾􀀠 rr:::::::J Widen from 2to -1IMes.1Nith stonn sewer improvements. Add &1 wide sidewalks 10 both Iii: side. I Part 2. Pavement I.. lane Ifl¥idai " Notice that the first record has been filled out. This has been provided as an example only ofthe kinds ofresponses requested for each question. Whenever you are unsure ofwhat to enter into a field, you can press the button on the bottom left corner ofthe screen that has a green circle around it above. It is a bar line with a left arrow next to it. This button brings you back to the first record, which which in this case is the example record Once you have looked at the field in question, press the right arrow bar line (yellow circle) and it will take you to the last record in the database, which in a sequential order ofinput would be the one you were just working on. Additionally, the button with the left and right arrows alone allow you to go through your applications in order of input either backwards or forwards respectively The scroD bar on the right side ofthe form allows you to go up and down on the application fonn. Take a moment to scroll down to the end ofthe example application noticing the number ofparts (sections) in this application and the types of questions requested in each. Upon becoming familiar with the application you are now ready to enter the information for your first application. Press the Right Arrow Star button that is located to the right ofthe yellow circle above. This button means a new record will now be entered. At this point the number between the arrows we have been looking at will change to 2. This number will change sequentially as more projects are added The screen at this point should show the following: 3 Part 1. Project Identification MelP ""ow. 􀁾􀀠D..... m==::; c:a,., I Project Nsnell.oc.oli.:m: L __ a_ --.J Endi!. [_..􀁟􀁾􀀮􀁾􀁟􀀮􀀽􀀽􀀺􀀺􀁊􀀠 w.l'Sco: I , Ptojectlenglh: 􀁭􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀁾􀁟􀁊􀁍􀀡� �􀁍􀀠 􀁾􀁃􀁉􀁯􀀤􀀳􀀧􀀺􀀠I iI 􀁁􀁉􀁉􀀱􀁊􀀺􀁎􀁬􀀮􀁬􀁦􀁬􀁯􀁦􀁁􀁣􀁣􀁩􀁤􀁾􀁦􀁯􀁲􀁉􀁍􀀱􀀳􀀬􀁙􀁍􀁭􀀺􀀠 CJ Point your cursor to the District field and begin entering your project-specific information. After entering the number ofthe Dallas County district in which the project is located, you can move ahead by pressing the 'Tab' key. Once you have tabbed your way to the bottom ofthe application and filled in all of your project information, pressing tab again will automatically start a new record for you. At that point you will see that the number in the bottom offue screen between the arrow boxes (purple circle) increased by one. Continue filling in all project infurmation. You can leave offand come hack to any and all applications as time permits. Ifthe example alone (record 1) does not provide a clear enough explanation ofthe desired input, you can also access explanations to each field in the "Individual Field Identification" instructions provided below. Step 4: Submitting your Applications to Dallas County Congratulations! You have now entered all ofyour project information and saved it to your hard drive, or network computer. The task at hand now is to get the infurmation back to Dallas County in time for the submission deadline. The following two things should be provided to Dallas County: 1) Paper Submitta1 ofaU Applications and Cover Sheet: Go to the "Reports" Tab in the Access Application. You will see two reports labeled '2003 MCIP Application' and 'Application Cover Page'. Open each up one at a time and print both out. Be sure to Preview each report to ensure the margins are set correctly on your computer so that you do not end up with wasted paper. Each application should print out on three sheets ofpaper. Some ofthe fields may not print out the inputted text in its entirety. Do not worry about those fields, part two ofthe submittal will provide us with the hidden information is for. 4 The 'Application Cover Page' will show your main contact information and should display the correct number ofapplications you are submitting. Upon verification ofthose items, preview the report and print it out. Ifthere are any errors in the data, they can be corrected in the Forms tab where you originally entered your city's contact information. Ifthe number being represented as number ofsubmittals is incorrect, simply cross it out on your paper copy and write the correct number in. You will be mailing in this packet of information, together with any supporting data such as maps, titles, etc. to Dallas County Public Works, care ofDr. Edith Ngwa. The !!ddress should have printed out with your 'Application Cover Page' as a separate sheet. 2) Electronic Submittal ofDatabase Dallas County also needs to receive the database in an electronic format along with the paper copy. Since the application file wiU be too large to email, you will have to bum it onto a CD. Those cities with CD bumers will be able to bum their completed copy ofthe 2003 MCIP Application back onto the original CD for submittal to Dallas County (preferred Method) and include it in the same package as the paper copies. Ifyou do not have a CD burner, you can try zipping the file onto a diskette or emailing it in its zipped state. Ifneither ofthese work, the next option would be to convert the individual tables into an Excel spreadsheet and email them to Dallas County. You can convert the tables into Excel by doing the following: Go to the Tables Tab. You will see two tables in this tab called 'Citylnformation' and 'Data'. Highlight the 'City Information' tab as shown below. Right click on 'City Information' once. Next, select "Save As/Export". Make sure the "To an External File or Database" button is selected and click OK. Change the file name to "City of[Your City Name] Information" and the file type to Excel as shown below: 5 Click Export and repeat furtbe 'Data' Table as well, renaming it 'Data for the City of [Your City Name]'. The Excel spreadsbeets created should be substantially smaller and fit into a diskette or email format. Ifagain, they are not, call me (Isela Rodriguez) at (214) 653-7151. 6 Individual Field Identification Pal"t 1. Pmject Identification This field will be populated automatically and requires no input on the part of the City. Dallas County Commissioners' District in which project is located (1-4) The City submitting the application Street on which project is located and one word explanation (Widening, Repaving, etc.) For linear projects, enter the point ofbeginning; fur intersections, enter the cross-street For intersections, enter Nt A Give the project location in the MAPSoo Project 􀁉􀀬􀁥􀁾􀁧􀁴􀁨􀁩􀀠 Length in miles. For intersections, enter 0.25 miles Select 2001 Regional Thoroughfare Plan classification According to NCfCOG ofproject street from the drop down menu: Freeway; Regional Arterial; Other Arterial; Not on Regional Thoroughfare Plan Based on police accident records, state the average number ofaccidents that have occurred in the proposed project location in the last 3 years. Condensed Descriptiono! 􀁐􀁲􀁯􀁰􀀨􀀩􀁓􀁾􀁤􀁬􀁉􀁮􀁰􀁲􀀨􀀩􀁹􀁥􀁭􀁥􀁮􀁴􀁳􀀠i Folly describe the proposed project concisely. Part 2. Pavement and Centerline Alignment Number and width oflanes. Ifknown, indicate ifthe road is to be divided (D) or undivided (U). Select the condition ofthe roadway nom the drop down list" Excellent, Good, Fair, or Poor. List the order ofprecedence ofdesign standards. Some ofthe standards are TxDOT, NTooG, City and AASmO standards. An example would be City of Dallas, NTCOG and TxDOT. This example says that the City ofDallas standards are over NCTffiG which is over TxDOT. Ifa specifie city standard is not used the county will assume to usethe City ofDallas standards. 7 For existing roadway -list the width ofpavement Examples are 2· II ft. lanes or 3-lOft. lanes or 24 ft. For proposed roadway -list the number and width of the lanes. The width should be in feet. 􀀡􀀧􀁡􀀺􀁶􀁥􀁭􀁾􀁩􀁩􀁉􀀮􀀤􀁩􀁩􀁲􀁬􀀺􀁾􀁾􀁴􀁹􀀩􀁩􀁦􀁩􀀮􀁾􀂷􀀺􀁲􀁨􀁬􀁣􀁉􀁩􀀮􀀬􀀬􀁾􀀻􀀠 For the existing roadway -list the surface type ofthe road and its thickness in inches. Examples are asphalt, asphalt over concrete or concrete pavement For the proposed roadway -Enter the type ofpavement surface desired and its thickness. 􀀡􀀧􀁩􀀡􀁾􀁾􀀧􀀻􀁩􀀡􀁕􀁩􀁾􀁦􀁩􀁾􀁾􀀮􀁾􀁾􀀺􀁲􀁉� �􀁩􀁾􀁾􀁾􀁳􀁩􀁩􀀠 For the existing roadway. enter the thickness in inches ofthe base pavement and its type. Ifthe current pavement thickness is unknown, state unknown. For the proposed roadway enter the minimum pavement thickness and type. 􀁾􀁶􀁾􀁬􀁬􀁉􀁾􀁩􀁩􀁦􀁳􀁩􀁩􀁢􀁶􀁡􀀮􀁤􀁾􀁾􀀧􀀶􀁐􀁾􀀦􀀧􀀱􀀺􀁦􀁬􀀮􀁩􀁣􀁫􀁊􀁬􀁥􀁩􀁩􀁳􀁾􀀠 For the existing roadway, enter the thickness in inches ofthe pavement subgrade and its type. Ifthe current pavement thickness and and material are unknown, state unknown. For the proposed roadway enter the minimum subgrade pavement thickness and type. In feet, state the width ofRight ofWay from the back ofthe curb to the Rjght of way line. Ifno curbs, state the distance from the edge ofthe pavementto the Right ofWay line along with no curbs. The parkway usually contains the sidewalk and the utilities such as electric, gas, water meters and clemouts. If the parkway width is not the same on each side ofthe road state such. An exampleis 10 ft E and 14 it. W whichmeans 10 feet on the East side and 14 fuet on the West side ofthe road. Ifno sidewalks, enter "0"; ifsidewalks on one side, indicate which side (L,R,N,S,E,W)and width in reet; ifsidewalks on both sides, enter "2"and width of each in feet. Eg.; 2, 6' means there are 6 fOot sidewalks on both sides. For corridors, use the minimum number ofthrough lanes in both directions anywhere within the project limits. For example, a roadway that at its narrowest provides for one lane ofthrough traffic in each direction would be encoded as "2". Note that dual left turn lanes or auxiliary lanes are not included For intersections, use themaximum number oflanes available for through traffic for the direction with the minimum number oflanes, including shared lanes. For example, an intersection that provides for 3 through or shared /through lanes in one direction but only two in the other would be encoded as "2". Note that exclusive turn lanes are not included in this count For corridors: reflects the presence ofcontiouous left turn lanes or bays at every intersection. For intersections: this value is the maximum number of exclusive or shared left lanes on the approach with the minimum number ofleft turn Janes. (See comment for through lanes) What is the length ofthe left turn storage bay in feet? For corridors; reflects the presence ofauxiliary accelJdecel and right turn lanes. For intersections; enter the maximum number ofright turn 8 􀁾􀁲􀁡􀁤􀁥􀀠􀁾􀁱􀁕􀁩􀁲􀁥􀁭􀁥􀀢􀀬􀁾􀀠 􀁁􀁶􀁾􀀮􀁡􀁧􀁥􀀩􀀺􀁾􀁥􀁣􀀺􀁦􀁾􀁾􀁩􀁩􀀧􀁴􀀺􀁬􀀠 􀁾􀁾􀁾􀁅􀁾􀁾__l1iil Aqv.3I1!eiiali}l!Zii IS ceniernneaugneifIB cenie.; QI ROW? Jf not, hQW much IS it Qffset frQID 􀁴􀁨􀁥􀁾􀁾􀁲􀁬􀀡􀁊􀁬􀁤􀀠􀁴􀁾􀀠 which side?; Part 3. Traffic iie5ign􀁾􀁓􀁬􀁩􀁾􀁤􀁩􀀠 􀁾􀁶􀁥􀁩􀁩􀁧􀁾􀁐􀁪􀁩􀁓􀁴􀁾􀁤􀁓􀁪􀀻􀁾􀀮􀁩􀀠 lanes (exclusive and shared) on the approach with the minimum number ofsuch lanes. For the existing roadway, state the width in ket ofthe median ftom the inside edge ofthe pavement to the other inside edge ofthe pavement. Ifthere is not a median then state O. For the proposed roadway state the desired width ofthe median in feet. Ifno bicycle lanes, enter "0"; ifbicycle lanes on one side, indicate which side (L,R,N,S,E,W); ifbicycle lanes on both sides, enter "2". After determining side, enter width oflanes in keto Eg.: 1 N, 12' (Bicycle facility on the north that is 12' wide.) Ifknown state the average amount ofmaterial to be removed in ket. Ifknown state the average amount ofmaterial to to be added in feet. Identify the type ofrepair to be done by selecting from the drop down list. If your repair type does not fall into any of the drop down list eategories, type it in. State the size ofthe area to be repaired in square feet and linear feet ofedge. Yes I No. Cleek the box for yes. Ifit is not aligned, state in feet the distance from the roadway centerline to the midpoint ofthe Right ofWay. Speed the roadway was designed for. For corridors with more than one speed limit, the average posted speed (in miles per hours) is the weighted average ofthe posted speeds. For intersections, enter the highest posted speed ofthe intersecting roads. Operating speed at period ofpeak demand, in miles per hours, calculated by dividing the length ofthe project by the time required (in hours) to traverse the projects. The average daily traffic (ad!) ofthe filciIity to be improved. For new roadway . fucilities, enter "NIAn The source oftraffie volume infunnation. For estimates, enter "Estimate"; fur real world data, enter 'Count" and the month and year ofthe count 9 Presence 􀁯􀁦􀁂􀁴􀁩􀁓􀁪􀁾􀁩􀀡􀁤􀁬􀀡􀀡􀁲􀁈􀁾􀀠 Truck Trafgci Check the box ifthe project is on a roadway that experiences bus or heavy traffic, Leave box unchecked if it does not have heavy vehicles on it Pal"t 4. Drainage State what storm sewer or drainage manual are proposed. Is no sturm sewer is needed then state N/A Ifa storm sewer is to be installed and the city does not have their own manual then use the GtyofDaIlas Manua), Number 􀁯􀁦􀁣􀁮􀁬􀁶􀁥􀁲􀁴􀁓􀀭􀁩􀁜􀁩􀀬􀁴􀁾􀀠 􀁤􀁩􀁭􀁥􀁮􀁳􀁬􀁯􀁬􀁬􀀮􀁬􀀩􀁦􀁣􀁾􀁙􀁾􀁲􀀡􀁳􀀻􀀠 State number and dimension ofexisting and proposed culverts. Ifnone exists and/or is being proposed, enter "N/AU Bridge 􀁪􀁥􀁮􀁧􀁡􀀻􀀺􀀳􀁮􀀴􀁾􀁾􀁴􀁨􀁊􀁓􀁴􀁡􀁴􀁥 length and width ofexisting and proposed bridge. Ifnone exists and/or is being proposed, enter "N!An Part 5. lftilitics For each ofthe fullowing utilities. please check ifit exists in the proposed project. Water LInes: GtiLines: 􀁔􀁉􀁴􀁁􀀺􀁊􀁪􀁩􀁩� �􀁬􀀠 Storm Sewer: 􀁴􀁾􀁾􀁾􀁩􀁩􀀮􀁾􀀴􀁩􀀮􀁾􀀻􀀠 Sanitary Sewer: 􀁙􀀺􀁄􀀡􀁉􀀮􀁥􀁾􀁤􀀭􀁙􀁊􀁬􀁬􀁟􀁩􀁩􀁦􀁴􀁓􀁩􀀠 Cllble: E1edr1city)JneSi Other Undergrlllli!lI]!!i!!iies; Please state any other utilities not listed above that exist in the proposed project location Check ifutilities exist on street ROWand leave blank ifthey do not State any kuown risks fur utility partners Utilities own 􀁩􀀮􀀮􀁥􀁾􀁾􀀺􀁹􀀧􀁛􀀡􀁩􀀧􀁲􀁩􀁩􀁬􀁬􀁲􀁴􀁾􀀡􀀺􀀡􀀾􀀮􀀡􀀡􀁾􀁾􀁾􀁩􀀡􀁩􀁾􀁬􀀠 Check the box ifutilities are located on their own ROW or have an existing easement and "No" ifutilities are located on street ROW 10 relocatiou from the project ROW Check the box ifSUE will be needed Please state any other concerns or special considerations fur utility Part 6. ROW Acquisition IASafety Check ifthe following exist or are proposed as part ofthe project 􀁾􀀱􀀮􀁬􀀡􀁾􀁔􀀨􀁩􀁩􀀺􀁥􀁪􀁪􀀻􀀠 􀁾􀁉􀁴􀁾􀁬􀀻􀀠 State any other safety issue that might exist in the proposed project location I B. Environmental Check ifthe following exist I apply in the proposed project. FlO.O.pd .i.i..i.i_i.,, Please indicate the FIRM Panel nwnber in the "Comments ofROW AvailabilitylEasements" Box Ifpresent, indicate proximity (in feet) ofa lake to the projeet in the "Comments ofROW AvailabilitylEasements" Box. Ifproject crosses lake, please say so. Please indicate location and organization that bestowed the designation in the "Comments ofROW AvaiiabilitylEasements" Box Please indicate name ofcemetery and contact person ifknown in the "Comments ofROW AvailabilitylEaseme nts" Box Please indieate ifjnnkyard is present and any contact information known in the the "Comments ofROW AvaiiabilitylEasements" Box 􀁏􀁴􀁾􀁩􀀠 State any other environmental issue that might exist in the proposed project location and contacts ifknown IC. Right ofWay Who is the person to contact for ROW questions in your organization? What is the ROW contact's phonc number? 11 This is !he wid!h of!he road right ofway before !he project. If!he wid!h is variable please include a map to indicate !he varied wid!hs wi!h your project submittal. This is !he amount ofright ofway !hat it will required to complete !he project Number ofProperties !hat will be impacted by !he project. Please include easements in this number. What is !he acquisition fee? State if!here is a permanent easement State if!here is a temporary easement Enter !he number ofhouses bcing bisected. 􀁴􀁯􀁭􀁩􀁩􀁩􀁾􀁲􀁣􀁬􀁡􀁉 Bilildiitgs; Enter !he number ofcommercial buildings being bisected. CommeiitsOl! 􀁒􀁾􀁗􀀺􀁾􀁙􀀻􀁵􀀡􀁡􀁢􀁩􀁉􀀡􀁴􀁙􀀻􀁐􀁬􀁥􀁡􀁳􀁥 indicate any properties !hat may be a dedicaion possibility or !hat are known to be against !he project being completed. D. General Acquisition Costs 􀁅􀁬􀀡􀁩􀁬􀁩􀁬􀁊􀁡􀁴􀁥􀁩􀁩􀁾􀁃􀀡􀁓􀀡􀀺􀁯􀁏􀀺􀀺􀀮􀁁􀁁􀀡􀀨􀁑􀀻􀀮􀁩􀁙􀁬􀀠 An estimate of!he consideration due the land owners fur !he land to be acquired wi!hout reguard to improvements or damages 􀁩􀀻􀀻􀁩􀁩􀁓􀁴􀁾􀀨􀁦􀁩􀁩􀁴􀁰􀁲􀀮􀀺􀀮􀀮􀁯􀁶􀁥􀁩􀁮􀀮􀁥􀁬􀀡􀁮􀁩􀀡􀀺􀁒􀀮􀁑􀁗􀀮􀁩􀀠 The compensation due to !he land owners fur the improvements with in !he acquisition area. This will include Landscaping, driveways and other ilatwork, rencing, and all o!her improvements in !he acquisition area. 􀁎􀀮􀀺􀁬􀀱􀁬􀁬􀀱􀁢􀁥􀁩􀁯􀁦 􀁰􀁾􀁾􀁾􀀡􀀡􀀡􀀺􀁩􀀡􀀮􀁾􀁬􀀡􀁉􀁡􀁧􀁥􀀳􀀠List !he number ofparcels wi!h damage 12 State cost ofdamages 􀁎􀁵􀁭􀁢􀁥􀀡􀁾􀁦􀀮􀁢􀁪􀁪􀁪􀁥􀁃􀀡􀀮􀁾􀁾􀀠􀁨􀁾􀁩􀁩􀁩􀁾􀁩􀁩􀀱􀀡􀁾􀁩􀁪􀁝􀀠List number ofbisected improvemeots State cost ofbisection ROW Subiil!3ii Subtotal ofall above costs (Autonlatically added up. Ifnothing is shown, be sure $0 are eotered where no costs will accrue above. Cost ofinflation over 6 years. Total costs ofall ROW items above, plus inflation List and 􀁥􀁸􀁩􀁩􀁬􀀳􀁩􀁩􀁩􀁪􀁩􀁾􀁩􀁾􀁩􀁬􀁮􀀺􀀡􀁃􀀭􀀺􀁏􀁾􀁦􀁩􀁩􀁾􀁴􀁹􀁊􀁳􀁳􀁾􀁥􀁳􀀺􀀮􀀠Ex. Contaminated Soil, service stations, fuel tanks, landfills, noise walls, trailer parks, tree ordinances, etc. PaJ-t 7. Other Amenities to the P.-oject Please check ifthe following amenities are proposed as part ofthe project. The cost of items with asterisks may not be covered by Dallas County. Landscapiiig: Brick 􀁐􀁡􀁶􀁥􀁲􀁾􀁾􀀠 Street iigbtiiig! 􀁔􀁲􀀳􀁦􀀡􀁩􀁾􀁓􀁩􀁧􀁮􀀻􀁩􀁦􀁩􀀱􀀠 􀁐􀁡􀁶􀁥􀁭􀁥􀁮􀁦􀁍􀁾􀁬􀀼􀀡􀁩􀀡􀁧􀁳􀁊􀀠 bARt 􀁬􀁩􀁾􀁳􀁟􀁦􀁩􀀡􀁩􀀢􀁾􀀡􀁬􀁴􀀻􀀠 􀁂􀁾􀀮􀁓􀁴􀁯􀁩􀁩􀁩􀀮􀁯􀁩􀀺􀁾􀀮􀁾􀀮􀀺􀁥􀁩􀁩􀁥􀁾􀀡􀀱􀀠 \'Vatm:!.Jtili.ty􀁬􀀡􀀡􀀱􀁰􀀡􀀢􀁟􀁩􀀢􀁖􀁉􀀻􀁾􀀡􀁩􀁩􀀡􀀡􀁾􀀠 13 Retainlitg \Vans, <'" Sod, 􀁓􀁾􀁥􀁬􀁬􀁩􀁧􀁧􀀻 􀁴􀁏􀁩􀁩􀁾􀀻 < 􀁄􀁲􀁡􀁩􀁮􀁡􀁧􀁥􀁊􀁩􀀻􀁩􀁰􀁲􀁬􀁩􀀡􀁾􀀡􀁬􀁩􀁩􀀻􀁩􀀡􀁴􀀸􀁩􀀠 DR 􀁃􀁲􀁾􀁬􀀡􀁩􀁧􀁊􀁄􀁬􀁐􀁲􀁯􀁙􀀺􀁥􀁭􀁥􀁾􀁴􀁳􀀡􀀠 Grade sep;U:jtiiiiis; Ramps or. 200_. The County oCDaUas, State oCTexas, has executed this agreement pursuant to Commissioners Court Order Number ____and passed on the __day oC____--', 200 • CITYOF _________ COUNTY OF DALLAS BY__􀁾􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭� �􀀭􀀭 BY__􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀀠 TITLE LEEJACKSON,COUNTYJUDGE ATTEST APPROVED AS TO FORM: CI=yy==S-E-C-RE--T-AR---Y-'-A..T..T. =--=-O-RNE----Y John DahiU, Advisory Chief, Civil Section DaUas County District Attorney MASTER AGREEMENT-11110/00 14 , Council Agenda Item:lld SUMMARY: This item is to request Council approval to enter into a Master Interlocal Agreement with the County ofDa1las, Texas fur Transportation Improvements on roads that are on the Central Texas CoUncil ofGovernment's Regional Thoroughfare Plan. FINANCIAL IMPACT: Approval ofthe Master Interlocal Agreement will allow the Town to receive certain grants from Da1las County through their Capital Improvement Program. BACKGROUND: In Fiscal Year 2000, the Dallas County Commissioners Court replaced its traditional bond financing approach to fimding infrastructure improvements with a programmed Major Capital Improvement Program. This Program is implemented by issuing an annual countywide call for projects to identuy and fimd needed roadway improvements within the County, With local governments submitting candidate projects for potential selection and fimding. The Town ofAddison submitted a total ofsix projects. Pursuant to Court Order 2000-2117, dated October 17, 2000, Da1las County Commissioners Court approved certain projects for inclusion in Program Years 2004, 2005, and 2006 ofthe Transportation Major Capital Improvement Program. County fimding for a portion ofconstruction ofthe following roadway related improvements in the Town ofAddison was established., as listed below: Project Amount Arapaho Road, Phase III (Addison Rd. to Surveyor Blvd.) $1,432,812 Midway Rd. Signal Improvements (Spring Valley Rd. to Dooley) 196,000 Funds for Midway Rd. and Arapaho Rd. are available to the Town ofAddison in Fiscal Years 2005 & 2007, respectively. The remaining cost for Midway Road signal upgrade will be fimded from Street Capital Project fimds. The remaining cost ofconstruction of the third phase ofArapaho Rd. will be fimded from the Town's General Obligation Bond Program. I/ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 STATE OF TEXAS § § COUNTY OF DALLAS § 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 Interlocal Agreement, hereinafter called MASTER AGREEMENT, for the purpose of Transportation Improvements on roads inside Dallas County that are on the North Central Texas Council of Government's Regional Thoroughfare Plan. WITNESSETH WHEREAS, pursuant to Court Order 2000-2117, dated October 17, 2000, COUNTY Commissioners Court approved participation in Transportation Major Capital Improvement Projects for the Program Years 2004, 2005, and a portion of 2006 within the cities inside Dallas County; and WHEREAS, the approved project lists may be modified, updated or approved by the Commissioners Court on a periodic, as-needed basis; and . WHEREAS, Chapter 791 of the Texas Government Code, as amended, provides authorization for local governments to entednto interlocal agreements; . 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 FOLI.OWING DEFINITIONS ARE INCORPORATED IlSTO THIS AGREEMElST FOR AI.L 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 ofTexas. c) COUNTY shall mean the County of Dallas, 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 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;. c hange orders; damage claim. s; travel expenses incurred specifically to 1 __ _______ COURT ORDER ORDER NO, 2.0021375 DA'l!E: JUL 3 02002 S'l!A':!!E OF ':!!EXAS 􀁃􀁏􀁾􀁙􀀠OF DALLAS BE I'l! REMEMBERED, at a regular meeting of the Commissioners court of Dallas County, Texas, held on the 30th day of 2002, on motion made by _J_:rnt_'J_a_cksOll_,-,_Conrni,,-,---'=.S' ,-S,-l..::-O' ll;;...:cer"-'---'o:..:fc...;;D.;:i::;s:..:tr=ic:::.;:tc..:.No=,...=l , and seconded by 􀀭􀀬􀀭􀀭􀀬􀁍􀁩􀁫􀀭􀀬􀀮􀀧􀀭􀀺􀀭􀀺􀀭􀁥􀀭􀀬􀁃􀁡􀁮􀀺􀀭􀀭􀁴􀁲􀁾􀁥􀀬􀀭􀁬􀀬􀀭􀁬􀀭􀀬􀀬􀁟,'---CCorn:ni=='=s.=s.=ianer===_o=f=-_c:D.=i:=s.=tr=l.=-c' =-t=-.;:No=:.c....;:2'--____, the following order was adopted: WHEREAS, the matter set forth below was briefed in Commissioners Court on July 23, 2002; and WHEREAS, in order to implement the projects requested by the Town of Addison for the Major Capital Improvement Projects (MCIP) for the Program Years 2004, 2005, and a portion of 2006, it is necessary to execute a MAS'l!ER AGREEMEN'l! GOVElUll:NG 'l!RANSPOR'l!ATION KAJOR CAPI'l!AL IMPROVEMENT PROJEC'l!S with _the Town of Addison; and WHEREAS, pursuant to Court Order 2000-2117 Dallas County Commissioners Court approved participation in the MCIP with a list of proposed accepted projects attached to the Court Order; and WHEREAS, the Town of Addison has submitted the referenced agreement for final execution which is attached for execution by Commissioners Court, IT IS 'l!BEREFORE ORDERED, ADJUDGED AND DECREED by the Dallas County Commissioners Court that the County Judge is hereby directed and authorized to execute the attached MAS'l!ER AGREEMENT GOVERNING 'l!RANSPOR'l!A'l!ION KAJOR CAPI'l!AL IMPROVEMEN'l! PROJECTS with the Town COOR'l!, this the Judge ABSENT John Wiley Price, Recommended for Approval: Donald R. Holzwarth, P.E. Director of Public Works 30th day of District 3 DALLAS COUNTY PUBLIC WORKS August 15, 2002 Mr. Michael Murphy Director of Public Works Town of Addison P. O. Box 9010 Addison, Texas 75001-9010 Re: TRANSMI'ITALOFMASTERAGREEMENTGOVERNINGTRANSPORTATIO N MAJOR CAPITAL IMPROVEMENT PROJECTS Dear Mr. Murphy: Enclosed please find OiW (1) copy of the referenced MASTER AGREEMENT GOVERNING TRANSPORTATION MAJOR CAPITAL IMPROVEMENT PROJECTS, along with a copy of Court Order No. 2002-1375,dated July 30, 2002, for your records and use. Should you have any questions or cOlIl!llents, please do not hesitate to contact ibis office. Thank you for your cooperation in ibis endeavor. We look forward to working with your city on future thoroughfare projects. Sincerely, Donald R Holzwarth, P.E. Director ofPublic 􀁗􀁯􀁾􀀠___ DRH:ABR:JCN/dlc0'.,.--enclosure 411 Elm Street, 4th Floor Dallas, Texas 75202 (214) 653-7151 cany 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, t) 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 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 shaH at a minimum identify the 'Overal\ funding scheme, and basic scope of the PROJECt. k) PARCEL OR PARCELS shaH mean those tracts of land and improvements located either wholly or partiaHy thereon, identified by COUNTY, CITY or other STAKEHOLDER as required for right-of-way requirements of the PROJECT. Such Right-of-way shaH include both the existing street, road, drainage or other CITY or COUNTY real property ownership and aH 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 overal! 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 shaH mean representatives from COUNTY, CITY, and other STAKEHOLDERS as may be mutuaHy agreed upon by COUNTY, CITY and ST AKEHOLDER 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 CITYand/or other applicable STAKEHOLDERS. , 2 Dor:!.IrncN I 9J.07IO 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, inigation, decorative lighting, special signage, or any other feature above and beyond the STANDARD BASIC PROJECT 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 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 unifonn signals, street light foundations. 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) 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 sha11 mean any governmental or quasi-governmental entity making a finaricial contribution to the PROJECT. u) TxDOT shall mean the Texas Department ofTransportation. v) UTILITIES shall mean each City Utility, public utility, common camer, governmental or quasi-governmental facility, fiber optic facility, or other facility located within the limits of the Project by virtue of Texas or Federal Law or agreement between the entity and the CITY, COUNTY, or STATE OF TEXAS. w) CITY UTILITY shall mean those owned or operated by CITY which require relocation or adjustment for the purpose of the construction of the PROJECT as identified by PROJECT plans. x) UTILITY IN PUBLIC RIGHT-OF-WAY sball mean all UnLITIES 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 facHities 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 3 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 stI:eet 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 terminated as provided in Article IV (Termination) or the expiration of ten (10) years, whichever shall first occur. ARTICLE III. AMENDMENTS' This Master Agreement may be amended with the mutual consent of the CITY and COUNTY. Any amendment must be in writing and approved by the parties' respective governing bodies. ARTICLE IV. TERMINATION. DEFAULT. TIME OF THE 􀁅􀁾􀁓􀁅􀁎􀁃􀁅􀀠AND FORCE MAJE;URE 1. TERMINATION A. This MASTER AGREEMENT may be terminated by any ofthe following conditions: (1) By expiration of term of the agreement. (2) By mutual written consent and agreement of COUNTY and CITY. (3) By either party, by notice in writing establishing the effective date of termination to the other party as consequence of the party being in 􀁤􀁥􀁦􀁡􀁵􀁬􀁾􀀠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 ofthe defaulting party. (4) By either party with ninety (90) days written notice to the other 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 of this MASTER AGREEMENT. C. In the event that any SUPPLEMENTAL AGREEMENT is terminated prior to completion of the PROJECT, no additional Costs shall be incurred other than Costs due and payable at the time of termination for services actually performed or that shall become due and payable due to such termination. The LEAD AGENCY, to the extent permitted. may terminate all project contracts, unless written notice is given by either party to the 4 other of its intent to complete the PROJECT, and prepare a final accounting for the PROJECT. D. If the PROJECT is tenninated by the CITY prior to the award of any construction contract and the PROJECT is located within the CITY limits, CITY shall pay to COUNTY the full amount expended by COUNTY on the PROJECT and COUNTY shall transfer to CITY its rights and all deliverables that it may be entitled to receive under the existing professional services or other project contracts or agreements. Such amount shall be included in the final accounting for the PROJECT. Such amount shall be due and payable in full ninety (90) days subsequent to the tennination, or thirty (30) days subsequent to delivery of final accounting. E. Once the construction contract has been let, with the approval of the other party, the SUPPLEMENTAL AGREEMENT for that PROJECT cannot be terminated until completion of the construction. F. In the event that a PROJECT is terminated either party may, upon written notice, take over the project and prosecute the work to completion by contract or otherwise at their sole cost and expense. In the event that the party completing the work is not the LEAD AGENCY, it is agreed that the PROJECT MANAGER will furnish to the completing party a listing of current records pertaining to any outstanding obligations or other records or infonnation required by any project contract, including any Work Order, or requested in writing by completing party in either printed or electronic format or both. The LEAD AGENCY agrees to cooperate with the completing party. The LEAD AGENCY will use its best efforts to transfer to the completing party all contracts. Obligations under such contracts shall become the sole obligation of the completing party upon transfer. Completing party agrees to timely pay all future obligations under 􀁳􀁵􀁣􀁾􀀠contract as they become due and payable. Completing party bereby releases tbe LEAD AGENCY from any and all liability under sueb assigned contracts subsequent to date of transfer, effective upon upon tbe transfer date. LEAD AGENCY shall exercise its best efforts to insure a transition of services without interruption G. Either party shall have the right to retain copies of all data, information, engineering, studies, or other items produced to the date of termination. H. Provisions B through G will survive the termination of this MASTER AGREEMENT and any SUPPLEMENTAL AGREEMENT and shall be a continuing obligation until the transition of services, all payments made and the PROJECTS are complete. All items listed or required in this provision shall be furnished by LEAD AGENCY to completing party without additional cost or expense to completing party. 2. FORCE MAJEURE: Neither COUNTY nor CITY shall be deemed in violation of this· Contract if it is prevented from performing any of its obligations hereunder by reason of, for or through strikes, stoppage of laoor. 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 no! 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 :uspension shall give notice of such impediment or 􀁾􀀬 9.)0710 delay in perfonnance 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 perfonnance of this MASTER AGREEMENT, without waiving any sovereign or governmental irnmunity 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 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, return receipt requested and addressed to the parties at the following address. B. All notices and correspondence to COUNTY by CITY shall be mailed or delivered by hand as follows: DALLAS COUNTY PUBLIC WORKS Donald R. Holzwarth, P.E., Director 411 Elm Street, Suite 400 . Dallas, Texas 75202-3389 C. All notices and correspondence from COUNTY to CITY shall be mailed or delivered by hand as follows: 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 ofsuch change ofaddress to the other party. ARTICLE VII. CITY COVENANTS AND AGREES AS FOI.LOWS; 􀁾􀀠T o execute the necessary agreements for the implementation of design and construction of the PROJECTS mutually agreed upon and incorporated herein by SUPPLEMENTAL AGREEMENT. 6 􀁾􀀮􀀹􀁊􀀰􀀷􀀱􀁏􀀠 B. Provide CITY Council Resolution adopting approved preferred alignment, proposed estimated 􀁾􀁵􀁤􀁧􀁥􀁴􀀬􀀠 and commitment to meet PROJECT funding for each milestone as specified'herein or in a SUPPLEMENTAL AGREEMENT. C. CITY agrees to share the funding of each PROJECT with COUNTY on an equal share basis (50%150%), or as othelWise agreed upon cost sharing arrangement as specified in a SUPPLEMENTAL i\GREEMENT with the following exclusions: CITY shall bear the entire cost of: I. 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 PROJECTDESIGN; 3. UTILITY BETTERMENTS and ROAD or STREET AMENITIES. 4. CITY PROJECT TEAM participation or project management (if the CITY has LEAD AGENCY Responsibility) Direct Costs which are not supported by a detailed hourly accounting system; 5. CITY Indirect Costs. When mutual written agreement has been reached as to PROJECT limits by COUNTY and CITY at the Predesign' Charrette, CITY agrees to atquire 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 of way areas. In the event of any proposed use of the PROJECT right-of-way that will conflict with the proposed PROJECT and CITY is unable to obtain such right-of-way as described above, CITY shaH notify COUNTY of such conflict. COUNTY and CITY shall determine if the acquisition of the conflicting parcel would be in the best interest of the PROJECT. In the event that agreement is reached and the parcel is acquired such cost shall be included in the pro rated cost of the project in the agreed upon proportions .. CITY hereby grants COUNTY authority to enter into eminent domain proceedings within the CITY limits on specific right-of-way alignments 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 Project. CITY Utilities shall be relocated or adjusted at no cost to COUNTY except as may be specifically set forth m this MASTER AGREEMENT or any SUPPLEMENTAL AGREEMENT. 7 E. CITY agrees to fully cooperate on issues relating to billboards, 􀁡􀁤􀁶􀁾􀁲􀁴􀁩􀁳􀁩􀁮􀁧􀀠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. Additional PROJECT costs caused or contributed to by adoption of or changes to ordinances or laws made by either party subsequent to execution of the SUPPLEMENTAL AGREEMENT for the PROJECT shall be borne in full by the party making such adoption or change. 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 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 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 PrQ rated at the overall percentage agreed to by CITY and COUNTY for cost sharing. CITY shall be responsible for funding one hundred percent (100%) of any BETTERMENTS. Except as provided herein, all costs for adjustment and/or relocation of utilities in the public right of way shall be the responsibility of the Utility Owner or of the CITY UTILITY. Any PROJECT delay or other damages caused by CITY UTILITY'S failure to timely relocate or adjust the facility shall be at the entire cost of CITY. H. To provide for continuing surveillance and control of right of way to prevent the construction, placement, storage or encroaclunent 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 shaH bear the entire cost of removal or relocation of said encroaclunent. I. To provide to COUNTY for COUNTY'S or COUNTY'S designee lise, at no cost, adequate copies of all construction standards, codes, (specifically including zoning and development codes), plats, specifications, guidelines, standards or any other pertinent informatiqn 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 CHARRETIE, preconstruction meeting, partnering meetings and project team meetings which are necessary to project development/completion and fiduciary relationships. 8 K. CITY agrees to provide timely review of interim submittals. "Timely review" will be agreed upon during the PREDESIGNCHARRETTE 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, includirig. 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 wi\! 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, streetiighting, 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 wili be. the LEA.!) AGENCY. In the event that the CITY and COUNTY agree in writing that CITY will manage and administer one or more PROJECTS, CITY and COUNTY will enter into a SUPPLEMENTAL AGREEMENT as to that project(s). In such instance, CITY agrees to assume all LEAD AGENCY responsibilities except as may be set forth in the SUPPLEMENTAL AGREEMENT as determined by mutual consent. ARTICLE VIII. UTILITY IMPACTS A. In cases where a UTILITY IS LOCATED IN A PRrVATELY OWNED RIGHT-OFWAY, and it is necessary to relocate the facility orr'nake adjustments by reason of the widening or improvement of the designated project, the COUNTY (or CITY if acting as 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 and COUNTY shall use their best efforts and take all steps necessary to insure. that such relocation or adj ustment shall not conflict with or delay the PROJECT schedule. 9 00I:v.meIII. 9)0111) ARTICLE IX. COUNTY AGREES AS FOLLOWS A. To provide as a PROJECT Cost preliminary engineering which will define project details, e.g., location, scope of work and specific right of way alignment for each improvement. Such preliminary engineering shall be submitted to the CITY for approval, prior to proceeding with the final design and any right of way acquisition. B. To provide as a PROJECT Cost for the construction of transportation improvements based upon design criteria conforming to STANDARD BASIC PROJECT DESIGN in conformity with applicable CITY ordinances and standards, to the extent of Commissioners Court approved program funding. Scope of work shall include the agreed 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 􀁵􀁴􀁩􀁬􀁩􀁺􀁾􀀠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 ihe 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, of the necessary additional right of way, on designated projects, in accordance with minimwn standard requirements and utilizing existing public right of way to the maximwn extent possible as a PROJECT cost. I. To require all contractors to secure all necessary permits required by CITY on said construction projects. J. To furnish record drawings of construction plans for the permanent records of CITY within twelve (12) months upon completion and acceptance of the transportation improvement PROJECT. 10 K. In and for Ten Dollars ($10.00) and other good and valuable consideration, including the future ooligation ofmaintenance, operation. control and acceptance ofliability therefore 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 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 CHARREITE A. CITY and COUNTY, as specified in Articles VII and IX, respectively, wi!! designate officials or representatives to participate in a Predesign Charrette to be conducted on a mutually agreeable date and location. 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 tearn participants shall be identified at the Predesign Charrette. C. At the conclusion of the Predesign Charrette a SUPPLEMENTAL AGREEMENT shall be produced which outlines the identified roles and scope for the Project. ARTICLE XI. FUNDING A. CITY and COUNTY mutually agree to proportionately fund the DIRECT PROJECT & PROGRAM costs as agreed by the parties in a SUPPLEMENTAL AGREEMENT. Unless otherwise specified' in the SUPPLEMENTAL AGREEMENT, COUNTY shall bear fifty percent (50%) of the total DIRECT PROJECT & PROGRAM costs excluding the ROAD OR STREET AMENITIES, relocation or adjustment of. CITY UTILITIES, UTILITY BETTERMENT, INDIRECT COST, DIRECT COST not supported by detailed hourly accounting system and other items as specified in this MASTER AGREEMENT or any SUPPLEMENTAL AGREEMENT. COUNTY shall not be responsible for any amount of funding in excess of the PROJECT not-to-exceed amount as shown in the PROJECT SUPPLEMENTAL AGREEMENT. Unless otherwise specified in the SUPPLEMENTAL AGREEMENT, CITY shall bear fifty percentage (50%) of all DIRECT PROJECT AND PROGRAM costs. In addition CITY agrees to fund all other CITY cost as provided herein, inCluding, but not limited to, ROAD OR STREET AMENITIES, relocation or adjustment of CITY UTILITIES, UTILITY BETTERMENT, INDIRECT COST, DIRECT COST not supported by detailed hourly accounting system and other items as specified in this MASTER AGREEMENT or any SUPPLEMENTAL AGREEMENT. 11 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 utility relocation or adjustment and (3) construction. The LEAD AGENCY shall prepare an estimated cost for each milestone. Upon approval of the cost by the other party, each party shall fund its share of the respective milestones by placing that amount of money in an escrow account or otherwise encumber the funds to insure that the LEAD AGENCY will have sufficient funding available from current revenue for the timely payment of PROJECT milestone costs. The LEAD AGENCY may bill the other party for periodic payments for the actual amount of work completed toward the completion of the milestone. Upon completion of the milestone, the 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 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 funding to complete the PROJECT at the agreed upon cost share percentages. At the termination of the PROJECT, the LEAD AGENCY will do a final cost accounting of the PROJECT. In the event that the amount paid by either party exceeds its portion of the actual cost, the difference will be remitted to such party. In the event that additional funds are due, the LEAD AGENCY will bill the other party who agrees to pay such funds within thirty (30) days of receipt of such billing. D. If CITY elects to manage PROJECT, COUNTY will reimburse CITY based on invoices for actual costs expended in accordance with COUNTY invoicing policy. E. Upon execution of a SUPPLEMENTAL AGREEMENT, CITY shall escrow an amount adequate for initial project costs which COUNTY may use to pay for initial professional services required for scoping, preliminary, and primary design. ARTICLE XII. NO THIRD-PARTY BENEFICIARY ENFORCEMENT It is expressly understood and'agreed that enforcement of the terms and conditions of this Agreement and all right of action relating to such enforcement shall be strictly reserved to CITY and COUNTY and nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other person on this Agreement. It is the express intention of CITY and the COUNTY that any entity other than CITY or the COUNTY receiving services or benefits under this agreement shall be deemed an incidental beneficiary only. This Agreemeni is intended only to set forth the contractual 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 personnel as requested BY COUNTY for traffic control or other public safety matters at no cost to the PROJECT or COUNTY. 12 Article XlV. 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 agre.es 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 instrument in writing executed by the parties hereto as herein provided. C. Seyerability. 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. De(au,t/WajyerIMjtigatjon. 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 or Texas FupdiDII._ 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. 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. Ueadjpp. The titles which are used following ttie number of eaCh paragraph are only for convenience in locating various provisions of this AGREEMENT and shall not be deemed to affect the interpretation or construction of such provision. G. Number and Gepder. 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 al\ of which shall constitute one and the same instrument. 13 The Town of Addison, State of Texas, has executed the Agreement pursuant to duly authorized CITY Council Resolution R02-045 ,Minutes Dated the 28 t ldayof May . ,200;?. The County of Dallas, State of Texas, has executed this agreement. pursuant to Commissioners Court Order Number 2002-1375 and passed ·on the 30th day of Julv , 200l. TOWN OF ADDISON COUNTY OF DALLAS, TEXAS COUNTY OF DALLAS, TEXAS By:K-BY: 􀁾􀁾􀁌􀀭􀁾􀁾____________ RON WHITEHEAD, CITY MANAGER LE N, COUNTY JUDGE DATE: 􀁾______________ DATE: 􀀷􀀡􀁾 (0 LI { ATTEST: APP BY:_'++-.:....:.:..:..!....:...- '---f\--------:Janet e guson, Deputy ief, Civil Section Dallas nty District Attorney's Office 14 An employee-owned company July 2,2003 Mr. Steve Chutchian Town Engineer Town of Addison 16801 Westgrove Dr Addison, Texas 75001-9010 RE: Cost Estimate for Beltline Road Dear Mr. Chutchian: Attached is a proposed contract to prepare a cost estimate and a Dallas County application for Beltline Road. We appreciate the opportunity to submit this proposal and are anxious to begin this project Based on our discussions, we are providing this proposal with the understanding that this project is a rather straight-forward cost estimating effort along with the preparation of the Dallas County application We propose that we perform this work on an hourly basis. We have been asked to provide a maximum amount, which we have done. Obviously this amount is based on our best estimate of time required to perfonn the tasks in the scope of services that we have developed. We feel this is a very "tight" estimate and will depend on the full cooperation of the Town's Public Works staff in providing information, making decisions and timely reviewing our submittals in order for us to accomplish this project within our budget and the timeframe required. We trust that this contract is agreeable to you and anticipate the return of one executed original with a notice to proceed within approximately one week. We look forward to getting started and working with you on this project. Sincerely, 􀁾􀁾􀀠 Clarence Daugherty, P.E. Director of Municipal Services C:\AddisonI8elUine & KS trans lIT REV, 7·2·03.doc 5999 Summerside Drive, Suite 202 • Dallas, Texas 75252 • Telephone: 972.380.2605 • Fax: 972.380.2609 • www.pbsj.com Rev.10tOO Public Client PROFESSIONAL SERVICE AGREEMENT THIS AGREEMENT. made and entered into , by and between Post, Buckley, Schuh & Jernigan, Inc. (PBS&J) and the Client identified herein, provides for the Professional Services described under Item 2 of this Agreement. PHONE NUMBER: (972) 450·2886 􀁾􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭 CLIENT: Town of Addison FAX NUMBER: (972) 450-2837 ADDRESS: 16801 Weslgrove Dr, CONTACT PERSON: steven Chulchian, P.E. Addison Texas 750Q1·9010 PROJECT NUMBER: SHORT TITLE: Beltline Cost Estimate and Application 1. DESCRIPTION OF PROJECT SITE: Beltline Road between Dallas parkway and Marsh t ane 2. SCOPE OF SERVICES TO BE PROVIDED BY PBS&J (If additional pages are necessary, they are Identified as Attachment Al: See Attachment A 3. THE COMPENSATION TO BE PAID PBS&J for providing the requested services shall be (If additional pages are necessary, they are identified as Attachment B): D Direct personnel expense plus a surcharge of %, plus reimbursable costs" D A Lump-Sum charge of $ $ , plus out-of-pocket expenses" o Unit CostlTime Charges identified in Attachment B, plus reimbursable costs.· D Other -See Attachment B. * See explanation under Item 5 below. 4. IF PBS&J's SERVICES UNDER THIS AGREEMENT ARE DELAYED for reasons beyond PBS&J's control, the time of performance shall be adjusted appropriately. Except where the services provided are under a continuous service contract for more than one year, if the services under this Agreement are delayed for a period of more than one (1) year from the beginning date (as above provided), the fees shall be subject to renegotiation; any change in such fees shall apply only to the unfinished services as of the effective date of such change. IN WITNESS WHEREOF. this Agreement is accepted on the date written above and subject to the terms and conditions set forth above. CLIENT: Town of Addison SIGNED: ______________________________________ TYPED NAME: Michael Murphy (SIGN WITH BALL POINT PEN) , INC. TITLE: Director of Public Works TITLE: Senior Vice President DATE: ___________________________________ DATE: 1/"i(03 Distribution: Copy 1 􀁾􀀠PBS&J; Copy 2 -CHent; Copy 3:. PBS&J Accuunt!ng .> Public Cltent Rev. 10100 5. COMPENSATION: Direct personnel expense shan be defined as: the cost of salaries and fringe benefit cos\$: related to vacation, holiday. and sick leave pay; contfibutions for BOOel Security, Workers' Compensation Insurance, retirement benefrts, and medica! and lnsurance benefits; unemployment and payroll taxes; and other allOWed benefits of thOse employees directly engaged In the performance of the requested service, Reimbursable COSls include: fees of Professional Associates (WhOse expertise is requIred 1(1 complete!he project) and (lut-of-pocket expenses, the cost of which shall be charged at actual cost$: plus an administrative charge of 18% and shall be itemized and included in the invoice. Typical out·of·pocket expenses shall include, but not be limited to, travel expenses (lodging, meals, etc.}, job-related mileage at the prevailing Company rate, long distance telephone calls, courier, printing and reproduction costs, and survey supplies and materials. In Ihe event the requested service involves the use of electronic measuring equipFMnl, compulers, plotteIS, and other speclal equipment such as boats, swamp buggIes, ele., an 􀁡􀁤􀁤􀁾􀁬􀁯􀁮􀁡􀁬􀀠dlract charge shall be made for tha use of this equipment. It is undenHood and agreed Ihat F'BS&J's services under this Agreemenl are limited to those described in Item 2 hereof {and Attachment A, if applicable) and do not include partiCipation In or control over the opNa1ion of any aspect of Ihe project Compensallon under this Agreement does not Include any amount for particlpaling in or controlling any such operation. 6. INVOICE PROCEDURES AND pAYMENT: PBS&J Shall submit Invoices to the Client for work accomplished during each calendarmonfh. For services provided on a lump Sum basls, the emOunt of each monihly invoice shall be determIned on (he 􀁾􀁰􀁥􀁲􀁣􀁥􀁮􀁴􀁡􀁧􀁥􀀠of completion method" whereby PSS&J will estimate the percentage of tho total work (provided on a Lump Sum basIs} accomplished during the Invoicing period. Monthly invoices: shall include, separalely listed, any charges for services for which lime chaf!}eS and/or unit costs shall apply. Such invok7es shall also Include. separately listed, eny >Charges for Professional AsSOCiates and relmbursab!e casts. Such Invo!ces shall be submitted by P8S&J as soon as pos;slb!e after the end of the month in Which the work was accomplished end shall bo due end payab!e by the aient upon receipt Tho Cllenl, as owner or authori2:ed agent for tha owner. hereby agrees that payment as provided herain will be made for said work within 30 days from the date the fnvolce for same Is mailed to (he Client at the address set out herein or is otherwise delivered. and, in default of such payment, hereby agrees to pay all costs of collection, Including reasonable attorney's fees, regardless of whelher legal action is Initiated. The Client hereby acknowledges that unpaid Invoices shaH accrue interest at the maximum retailed by law after they have been outstanding for over 30 days. PBW reserves the right to suspend all services on the Cilenl's project without naice if an Invoice remains unpaid 45 days after date of Invoice. This suspension shall remain in effcd untif all unpaid invoices are patd In full. It is understOOd and agreed Ihat PBS&J's services under this Agreement do I'IOt Include parUclpatioo, whalSoever, In any IltigaUon. Should such services be required, a supplemental Agreement may be negotiated between the CHent and PBS&J describing the services deslrad and providing a basis for compensation to PBS&J. 7. COST ESTIMATES: Client hereby acknowledges that PBS&J cannot werrentlhat any cost estimates provided by PBS&J will not vary from actual costs lncuued by the Client. 8.. LIMIT OF LIABILITY: The limit of liability of PBS&J to the Client for any cause or combination of calJSes shaH be, In total amounf, limited to the fees paid under this Agreement. 9. CONSTRUCTION SERVICES: If, under this Agreement proresslonal services ate provided during the construction phase of the project. PBS&J shall not be responsible ror or have conltol over means, melhodS, techniques, sequences, or procedures, or for safety precautions and programs in eonnection wilh the Work; nor shall P8S&J be responsible for the Conlractor's failure to carry out the Work in aceordanco with the Contract Documents Offer the Contractor's failure to comply with appli1:able laws, ordinances, rules or regulations. 10. INSURANCE: PBS&J shall at all times cany Workers' Compensatlon lnSUfanca as required by statute; commercial genera! liability Insurance including bodily injury and property damage; automobl'le IfablJJty coverage; and professionallrablllly coverago. Insurance certifica!es will be provided to the Client upon request Client agrees to require that PBS&J be named as an eddilional insured on insurance coverages provided by contractors on the project. 11. ASSIGNMENT: Neither the Client nor PBS&J will asslgn or transfer lis interest in thiS Agreement wlthoul the written consent of the other. 12. SUSPENSION, TERMINA nON, CANCELLATtoN OR ABANDONMENT: In Ihe event the project described In Attachment A, or the services of PBS&J called for unrlerthls Agreement. Islam suspended, cancelled, terminated or abandoned by the Client, PBS&J shall be gwen seven (7) days prior written notice of such actlon and shall be compensated for the professional servioos proVided up 10 the date of suspension, termination, cancellation or abandonment in accardance with the provisions of this Agreement for all woO;: performed up to the date of suspension, termination, cancellation or ebandonment. including reimbursable expenses. 13. ENTIRETY OF AGREEMENT: This writing, including attachtnenl$ and addenda, Ifany, embodlos the entire agreement and understanding between the parties hereto. and there are no olher agreements end underslandlngs, oral orwtitten, with reference to the subject matter hereof that are not merged hGrein and superseded hereby. No alteration, i!hange or modlflcaoon of the larms of this Agreement shall be valid un!ess made in wrmng signed by both parties hereto. 14. DOCUMENTS: Any reuse by the client or others ofdocuments and plans that resull from PBS&J's services under this agreement shall be at the Client's or others' sole risk without liablUty to PBS&J. 15. WAIVER: Any failure by P8S&J to require strict compliance wilh any prov>sion of (his contract s;hal! not be construed as a waiver of Sl.I(;h provision, and PBS&J may subsequently reqvlre strict. eompllence at any time, notwithstanding any prior failure to do so. 18. DISPUTE RESOLUnON: It a dlspvte arises out of or reletes to this Agreement Or the breach thereof, the parties will attempt to settle the matter between Ihemsalvos. If no agreement can be reached the parties agree to use mediation with a mutually agreed upon mediel.or before resorting to a judicial forum. The cost of a third party mediator will be shared aqvally by the parties. In the event of litigation, the prevailing party will be entllied to reimbursement of all reasonable cosls and attorneys' fees, The parties mutually agree that a similar dispute resolution clause will be contained in all other coolracts executed by Clfent COIlcerning or (elated to this contract and all subcontracts exeOOled by PBS&J. 17. HAZAROOUS WASTE, MATERIALS OR SUBSTANCES: Unless olherwise specifically provided in this Agreement, PBS&J shall not be responsible for or have control over the discovery, presenco, handrfflg, removal, transport or disposal of hazardous waste, materials or substances in any form on the project site. 18. GOVERNING LAW: this Agreement shall be govorned by and construed accarding 10 the laws of the State where the situs of (he work. is located. 19. LIMITED COPYRIGHT LICENSE: PBS&J grants Client a paid-up, non-transferable. non-exclusive license to make or have made copies of any copyrightable materials delivered under this Agreement and specffically marked by PBS&J as 􀁾􀁒􀁥􀁰􀁲􀁯􀁤􀁵􀁣􀁴􀁫􀁭􀀠AuthorlzedH • 20. INTElLECTUAl. PROPERTY; WIth the sofe exception of specifically marked reproducible malerlals subject !(lihe limited Copyright License betein, an worldwide right, lille and Interest in and to any and all Intellectual Property ooru;aived, i!Wanted, authored or othefWise made by or On thIs Agreement shall remain the sole and exclusive property 0'1 PBS&J, Its successors and asslgns unless licensed: or aSSigned by PBS&J pursuant to a separate written Instrumen!. The term 􀁾􀁉􀁮􀁬􀁥􀁬􀁬􀁥􀁣􀁴􀁵􀁡􀁬􀀠Property shaH be construed broadiy to Include all forms of Intellectual property including without limitation all inventions, disoownes, designs, plans, improvements, trademarks. service marks and ropylighls in drawings, computer programs, al"Ghilec!.uraP workS and in all other original works of euthol'Ship. 􀁁􀁔􀁔􀁁􀁃􀁈􀁍􀁅􀁎􀁔􀁾􀀠Scope of Services ATIACHMENT B-Compens!ltion ADDENDA A flfrequ "Jack Loggins" 03/25/03 11 :02AM »> Do you want ot get involved in this matter? Obviously, converting all these unbuilt projects will create more delays and since the project has been underway for 4-7 years wlth the designers, they will greatly increase their costs In an attempt to cover the overmuns that have occurred because of this long process. JackW. Loggins, P.E., Dallas County Consultant Parson's Brinckerhoff 411 Elm Street, 4th Floor, Dallas, Texas 75202 214-653-7136 FAX 214-653 -6445 >>> 'Suja Mathew" 03124 11:52 AM »> Craig: August, 2003 is the deadline for us to submitting the metric projects. I am trying to get a metric exception for the rest of the CMAQ projects. We have to convince Austin with our good reasons for maintaining these projects in Metric. Please forward me the justification ASAP. Thanks for your assistance. Suja 3126/2003 Steve Chutchian From: Isela Rodriguez [IRodriguez@daliascounty.org] Sent: Thursday, February 13, 2003 12:55 PM To: ferriswaler@ainnail.net; jlandon@ainnail.net; ferriswater@azmail.net; Jim.sparks@cedarhilltx.com; ruth.antebi@cedarhilltx.com; Jpierce@ci.addison.tx.us; Schutchian@ci.addison.tx.us; kgriffin@ci.coppell.tx.us; GvazqueZ@ci.desoto.tx.us; Kbolton@cLdesoto.tx.us; tjohnson@ci.desoto.tx.us; wshumaC@cLdesoto.tx.us; dschwariz@ci.duncanville.tx.us; pavageam@ci.fanners-branch.tx.us; mpolocek@ci.garland.tx.us; Rwenderl@ci.garland.tx.us; Rwunderlich@cLgariand.tx.us; jenryh@ci.grapevine.tx.us; jcline@ci.irving.tx.us; jdriscoll@ci.irving.tx.us; jlandon@cUancaster.tx.us; jdittman@ci.mesquite.tx.us; rberry@cLmesquite.tx.us; afrussy@cl.rowlett.tx.us; jchancellor@ci.rowlett.tx.us; Jspeer@ci.university-parlk.tx.us; msferra@ci.wylie.tx.us; wmcdonald@cityofbalchsprings.com; John.romberger@cityofcarrollton.com; randy.walhood@cityofcarrollton.com; Thomas.Geiar@cityofcarrollton.com; tdingler@cityoflawlsville.com; batkinson@cllyofsachse.com; jcrase@cityofsachse.com; jcrase@cityofsachse1.com; Mikahitt@cityofseagoville.org; cityadministrator@cockr ell-hill.tx.us; walter_ragsdale@cor.gov; CSTRINGE@dwu.ci.dallas.tx.us; eholey@dwu.ci.dallas.tx.us; Esteitl@dwu.ci.dallas.tx.us; Lholgui@dwu.ci.dallas.tx.us; nvaughn@dwu.ci.dallas.tx.us; cilymanager@glennheights.com; Dstephen@gptx.org; rlarkinS@gptx.org; mdadgostar@hptx.org; ovillacamp@nelscape.net; ahendrix@pbw.ci.dallas.tx.us; cityofhutchins@prodigy.nel; BsprlngS@swbell.net; publicworks@lownofsunnyvale.org Cc: DHolzwarth@dallascounty.org; DStringfellow@dallascounly.org; ENgwa@daliascounty.org; JHedge@daliascounly.org; KElkhalid@daliascounly.org; KJackson@daliascounly.org ; LSluarl@daliascounly.org Subject: MCIP MS Access Application Downloadable for Review Greetings Dallas County Partners: January's MCIP workshop benefitted from the participation of over half of the member cities. The department greatly appreciates your time and input and hopes you found it to be a productive meeting as well. One of the items covered at this meeting was the new MCIP application. The format has been changed from Excel to MS Access 97. As requested, we are providing a draft version of it so that cities may become familiar with the format and have time to work out any technical difficulties prior to the issue of the next call-forprojects. Additionally, we would like input from the cities by February 21st as to whether a workshop geared specifically to learning the new application is necessary. The DRAFT version of the MS Access application has been placed on Dallas County's website for your review: http://www.dallascounty.org/html/citizen-serv/pubwks/mcip-projects.html We suggest you download it using Internet Explorer, as some people have experienced difficulty using Netscape for this purpose. If you are unable to download it with either browser, send us an email with your mailing address and we will get it to you on a CD. Additionally, a set of instructions on using the database and the technical methodology are also on the webpage. If you need assistance with using the application do not hesitate to contact 􀁭􀁥􀁾􀀠 Contact infor-mation can be found on the instruction sheets themselves. Please let us know if anything on the DRAFT MCIP application or instructions do not make sense. Don't forget to get your comments back to Dr. Edith Ngwa (Engwa@dallascounty.org) or myself by the 21st. We look forward to hearing from you. 1 .,.', ':.", ,. 􀁾􀀠 ... ' 􀀧􀀮􀁾􀀮􀀠 -. ",' . '. -' . . .., ., '" J. Isela Rodriguez Transportation Planner Dallas County Public Works 214-653-6417 ********************************************* 2 Part 1. Project Identification DRAFT MCIP 􀁎􀁵􀁭􀁢􀁥􀁾􀀠II:] District: 13 City: 􀁉􀁲􀀺􀁄􀁾􀁡􀁾􀁬􀁉􀁡􀀭􀁳􀀭􀀭􀀺􀁃􀁯􀀺􀀭􀁵􀀭􀀭􀀺􀁮􀁴􀀭􀁹􀀭􀀭􀀭􀀭􀁲 􀁾􀁾􀁾􀁾􀁾􀁾􀀽􀀽􀁾􀁾􀁾􀀠 Project Name/Location: IExamPle lane Widening Beginning: Iintersecting Road 1 I Ending: Iintersecting Road 2 MAPSCO:, ,,14:.:6:=B,--, Project Length: 11-875 IMiles Functional Class: ®Lin Regional I Ave Num of Accidents for last 3 years: D Condensed Widen from 2 to 4 lanes, with storm sewer improvements. Add 6' wide sidewalks Description of Proposed to both sides. , Improvements: Part 2. Pavement and Centerline Alignment Proposed Pavement Section: 14 lane divided, I Current Pavement Conditions: IFair I Pavement Design Criteria: ICity of Dallas, TxOOT Existin1! ell', 2·12' lanes PI ... Pavement Width: 2 11' lanes, 3' 􀁾lanes with C&G Pavement Surface Type_Thickness: ,2' I 10' Pavement Base Type Thickness: 􀁾􀀠lase, S' I AC,4' I Pavement Subgrade Type Thickness: ,6' I CSB,8' Parkway Width: 0 I 12' Sidewalks Width: '0 I i Through Lanes Width: 12,11' I ,2' Left Turn Lanes .Width: 0 I 0' Left Turn Storage Length: 0 I 1100' I Right TUrn Lanes: 0 I Median Width: 0 I 􀁾􀀠 I Bicycle Lanes Width: 0 I rn; 5' I Grade Requirements: For Projects with Repairs: Average Expected Cut: 13' I Type of Repair: 1 Average Expected Fill: 10 I Actual repair Size: 1 I I o Is Centerline aligned with Center of ROW? include sq ft and linear It of edge If not! how much is It offset from the center and to which side? 1 I Part 3. Traffic Part 4. Drainage 145 Slorm sewer Design Criteria: Design Speed: I mph 125 Year 􀁆􀁲􀁥􀁱􀁵􀁥􀁮􀁣􀁾 I Average Posted Speed: 135 I mph Existing Proposed Average Operating 125 I Speed: mph Numberof Culverts and 12 barrels, 11')(5'1 12 barrels, 11'X5'1 Traffic Volume: 12000 I their dimensions: (barrels, SxHxL) Traffic Volume Source: INCTCOG I Bridge length and width: IZOO' ,40' I 1200', 100' I Presence of Bus and/or Heavy Truck Traffic? 0 I Is any seclion of the road under Ihe 100 year flood plain? 0 ! i I Part 5. Utilities \ia Water Lines o Railroad Lines Document known Iduct bank \ia Risks for Utility Gas Lines o TRA Lines Partners: \ia storm Sewer o Transmission Lines 􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭� �􀀭􀀭􀁾􀀠 o D Utilities are on EXisting Street ROW Sanitary Sewer \ia Underground Vaults \ia Other Underground Utiliti 􀁾 Utifities Own their ROW or have Previous Easements Gable \ia \ia SUE (Subsurface Utility Engineering) will be needed Electricity Lines lfiber optics Any Special Considerations? I ' Part 6. ROW Acquisition A. Safety C. Right of Way D. General Acquisition Costs o ROW Contact Person ";IM:;'r;;;."'R-ow-m-an--'""TI Transit (DART lines) Estimated Cost of Land onlyl$7S,000.00 \ia School Phone Number: 1(214) 753·6859 I \ia Cost of Improvement in ROwj$125,Ooo,00 I Church Existing ROW Width: 􀀱􀁾􀀶􀀰􀀻􀀻􀀻􀀢􀀽􀀽􀀽􀁾􀁉􀀠 o Municipal Buildings Number of Parcels with Damages: Is I Proposed ROW Width: 1115' I Other I I Cost of Damages: 1$100,000.00 I Number of ROW Parcels: 125 I B. Environmenta I Number of of Bisected Improvements: 11 Area of ROW requ Ired: I \ia Floodplai n r.==:'!:'"---r Cost of Bisections: Fee Acquisition: 1150,000 I sq. ft. 1$IS0,000.00 I \ia lake o Permanent Easement: 􀁾􀁊􀀳􀁾􀀰􀀻􀀺􀀬􀀰􀁾􀀰􀁾􀀰􀀻􀀻􀀻􀀻􀀻􀀽􀀻􀀻􀀻􀀻􀀻􀀻􀀠sq. ft. ROW Subtotal: $450,000.00 Historical Designation o Temporary Easement: 150,000 I sq. ft. Cemetery \ia Number of Bisected; Inflation Factor (6 years) I$81,00000 I Junkyard Houses: r.:10:-O----"'\'i Other I I Commerc,al Buildings: 11 ! Total ROW Cost: [$531,000.00 I comments on Bisected improvement is a school. Junkyard on South Side of the project does I ROW List and Explain Any Non not comply with Zoning. Availabilityl 􀁾􀀢􀀺􀁚􀀮􀁾􀁤􀁤􀁩􀁴􀁩􀁯􀁮􀀠has 20' dedication for Conformity Easements: HOW. Issues: Part 7. Other Amenities to the Project .......These items may not be covered under MCIP contract o Sanitary Sewer Relocation" \ia Landscaping"*" \ia Traffic Signals o Retaining Walls o Exposed Aggregate \ia Pavement Markings liZ! Sod, seeding, Topsoil o Driveways, Sidewalk.... 0 DART Bus Turnout !ill Drainage Improvements o stamped/Colored Concrete-0 Bus Stops or Shelters o RR Crossing Improvements Irrigation-0 Water Utility Improvements' o Brick Pavers'" 0 Water Utility Relocation-\ia Grade Saparations \ia Street Ughting \ia Sanitary Sewer Improvements'" o Ramps or Connectors to TxDOT Facilities Part 8. Public InVOlvement Comments on Currently in negotiations due to related project Opposition: Expected to reach agreement late Summer 2003. liZ! Has your City Council Approved the Project? \ia Has Any Opposition been encountered? Other General Related project is an apartment complex housing Comments: 100 families. Part 9. Project Cost Paving and Drainage: 1$1,650,000,00 1 Design: b225.15000 1 Total Project 1$3>494,370.00 I Cost: Bridge: 1$0,00 1 Right Of Way Cost:1 $531,000_00 I Lighting: @!l,ooo_oo _ UtilityfAmenities:*'$15,000_OO 1 SUE: 1$35,55000 1 Signal: 1$175,000_00 1 Utility/Amenilies:1$15,OOO,00 1 Shared Cost= 1$3.479,370,00 I Railroad Matenals Testing: $39,50000 ! : 1$000 Sublotal2= $3,176,700_00 Percent of Local Contribution W % Subtotal 1= $1,975,000_00 Project Delivery: $317,670_00 Inflation: $355,500_00 City's Share: 1$1.739,685.00 I Supporting Comments I Construction Total $2,370,00000 Regarding Cost: ... Utllitly/Amenitles costs typlCally borne by City I . . . . 10. Please submit maps and supportmg documents deplctmg the project and needs. Sketches are also welcome and appreciated. Dallas County Major Capital Improvement Program (MCIP) Application Instructions The fullowing instructions provide a detailed description ofthe infonnation requested for each field within the MS ACcess 97™-based Project Application. The application was designed to solicit sufficient infurmation to convey a thorough understanding ofeach proposed project. It is recommended that a team composed ofPlanners, Engineers, and Right OfWay agents be assembled to completely fill-out the application for each proposed project. Additionally, cities are strongly encouraged to submit all available documents on the proposed project such as design plans, ROW parcel acquisition/donations, and preliminary engineering specifications, in order to assist the County in the project cost estimation, evaluation, and selection process. Table of Contents Application Process Steps Page Number: Step 1: Accessing the Application 2 Step 2: Entering Contact Information and NaviJ;!;atmJ;!; MS Access 97™ 2 Step 3: Entering Proiect Information Information 3 Step 4: Submitting your Applications to Dallas County 4 1 Paper Submittal ofall Applications and Cover Sheet 4 2 Electronic Submittal ofDatabase 5 Individual Field Identification • Part 1. Traffic 7 i Part 2. Pavement 8 Part 3. Drainage 9 Part 4. Utilities 10 Part 5. ROW Acquisition 10 Part 6. Amenities to the Project 11 Part 7. Other Amenities to the Project 13 Part 8. Public Involvement 14 Part 9. Total Project Cost 14 :; 1 Step 1: Accessing the Application Because this application is being distributed on a CD, you will need to save a copy ofthe application to your hard drive in order to save any entries you make to the furm It is also recommended that you save these instructions in the same folder fur quick reference. Step 2: Entering Contact Information and Navigating MS Access 97™ After you copy the contents ofthe CD to your hard drive, you are ready to launch the '2003 MCIP Application' Database. Open it up and find the Fonns tab (pink circle). Click on the Fonns tab. In the Fonns tab you will see a form called "City Information". Point the cursor to this furm and double click on it to open it. Once you open the "City Information" form, you will see a space to enter your city's name, the project contact person's name, email.mailing address, and phone nwnbers. You can advance along the form by using your keyboard "Tab" key or the point-and-click method. Upon completion ofthis form, you may close the 'City Infurmation' form by clicking on the "X" in the upper right corner ofthe form window. The data you entered will automatically be saved. Be sure to click on the lower "X" as clicking on the upper "X" will close the MS Access application. 2 Step 3: Entering Project Information You are now ready to begin filling out the project information. Once again, looking at the Forms tab, you want to open up the 'Application' fonn. Upon double clicking on 'Application', the following should appear: PI""" N..",)l""""" IExample Lane Begi'll'ing: Ilrtefc.edirog Road 1 I 􀁅􀁾􀀠 MAPSCO: 􀁾􀀠 ProjedlM9h: L1875_-----.JMiIes 􀁆􀁬􀁲􀁬􀁾􀁾􀀠INotonFt6(iIl"Ullli] 􀁁􀁶􀁥􀁎􀁕􀁉􀁉􀁜􀁯􀀡􀁁􀁥􀁣􀁬􀁤􀁯􀁭􀁴􀁪􀁣􀁴􀁉􀁍􀁩􀀳􀀬􀁙􀁥􀁡􀀱􀁾􀀠 rr:::::::J Widen from 2to -1IMes.1Nith stonn sewer improvements. Add &1 wide sidewalks 10 both Iii: side. I Part 2. Pavement I.. lane Ifl¥idai " Notice that the first record has been filled out. This has been provided as an example only ofthe kinds ofresponses requested for each question. Whenever you are unsure ofwhat to enter into a field, you can press the button on the bottom left corner ofthe screen that has a green circle around it above. It is a bar line with a left arrow next to it. This button brings you back to the first record, which which in this case is the example record Once you have looked at the field in question, press the right arrow bar line (yellow circle) and it will take you to the last record in the database, which in a sequential order ofinput would be the one you were just working on. Additionally, the button with the left and right arrows alone allow you to go through your applications in order of input either backwards or forwards respectively The scroD bar on the right side ofthe form allows you to go up and down on the application fonn. Take a moment to scroll down to the end ofthe example application noticing the number ofparts (sections) in this application and the types of questions requested in each. Upon becoming familiar with the application you are now ready to enter the information for your first application. Press the Right Arrow Star button that is located to the right ofthe yellow circle above. This button means a new record will now be entered. At this point the number between the arrows we have been looking at will change to 2. This number will change sequentially as more projects are added The screen at this point should show the following: 3 Part 1. Project Identification MelP ""ow. 􀁾􀀠D..... m==::; c:a,., I Project Nsnell.oc.oli.:m: L __ a_ --.J Endi!. [_..􀁟􀁾􀀮􀁾􀁟􀀮􀀽􀀽􀀺􀀺􀁊􀀠 w.l'Sco: I , Ptojectlenglh: 􀁭􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀁾􀁟􀁊􀁍􀀡� �􀁍􀀠 􀁾􀁃􀁉􀁯􀀤􀀳􀀧􀀺􀀠I iI 􀁁􀁉􀁉􀀱􀁊􀀺􀁎􀁬􀀮􀁬􀁦􀁬􀁯􀁦􀁁􀁣􀁣􀁩􀁤􀁾􀁦􀁯􀁲􀁉􀁍􀀱􀀳􀀬􀁙􀁍􀁭􀀺􀀠 CJ Point your cursor to the District field and begin entering your project-specific information. After entering the number ofthe Dallas County district in which the project is located, you can move ahead by pressing the 'Tab' key. Once you have tabbed your way to the bottom ofthe application and filled in all of your project information, pressing tab again will automatically start a new record for you. At that point you will see that the number in the bottom offue screen between the arrow boxes (purple circle) increased by one. Continue filling in all project infurmation. You can leave offand come hack to any and all applications as time permits. Ifthe example alone (record 1) does not provide a clear enough explanation ofthe desired input, you can also access explanations to each field in the "Individual Field Identification" instructions provided below. Step 4: Submitting your Applications to Dallas County Congratulations! You have now entered all ofyour project information and saved it to your hard drive, or network computer. The task at hand now is to get the infurmation back to Dallas County in time for the submission deadline. The following two things should be provided to Dallas County: 1) Paper Submitta1 ofaU Applications and Cover Sheet: Go to the "Reports" Tab in the Access Application. You will see two reports labeled '2003 MCIP Application' and 'Application Cover Page'. Open each up one at a time and print both out. Be sure to Preview each report to ensure the margins are set correctly on your computer so that you do not end up with wasted paper. Each application should print out on three sheets ofpaper. Some ofthe fields may not print out the inputted text in its entirety. Do not worry about those fields, part two ofthe submittal will provide us with the hidden information is for. 4 The 'Application Cover Page' will show your main contact information and should display the correct number ofapplications you are submitting. Upon verification ofthose items, preview the report and print it out. Ifthere are any errors in the data, they can be corrected in the Forms tab where you originally entered your city's contact information. Ifthe number being represented as number ofsubmittals is incorrect, simply cross it out on your paper copy and write the correct number in. You will be mailing in this packet of information, together with any supporting data such as maps, titles, etc. to Dallas County Public Works, care ofDr. Edith Ngwa. The !!ddress should have printed out with your 'Application Cover Page' as a separate sheet. 2) Electronic Submittal ofDatabase Dallas County also needs to receive the database in an electronic format along with the paper copy. Since the application file wiU be too large to email, you will have to bum it onto a CD. Those cities with CD bumers will be able to bum their completed copy ofthe 2003 MCIP Application back onto the original CD for submittal to Dallas County (preferred Method) and include it in the same package as the paper copies. Ifyou do not have a CD burner, you can try zipping the file onto a diskette or emailing it in its zipped state. Ifneither ofthese work, the next option would be to convert the individual tables into an Excel spreadsheet and email them to Dallas County. You can convert the tables into Excel by doing the following: Go to the Tables Tab. You will see two tables in this tab called 'Citylnformation' and 'Data'. Highlight the 'City Information' tab as shown below. Right click on 'City Information' once. Next, select "Save As/Export". Make sure the "To an External File or Database" button is selected and click OK. Change the file name to "City of[Your City Name] Information" and the file type to Excel as shown below: 5 Click Export and repeat furtbe 'Data' Table as well, renaming it 'Data for the City of [Your City Name]'. The Excel spreadsbeets created should be substantially smaller and fit into a diskette or email format. Ifagain, they are not, call me (Isela Rodriguez) at (214) 653-7151. 6 Individual Field Identification Pal"t 1. Pmject Identification This field will be populated automatically and requires no input on the part of the City. Dallas County Commissioners' District in which project is located (1-4) The City submitting the application Street on which project is located and one word explanation (Widening, Repaving, etc.) For linear projects, enter the point ofbeginning; fur intersections, enter the cross-street For intersections, enter Nt A Give the project location in the MAPSoo Project 􀁉􀀬􀁥􀁾􀁧􀁴􀁨􀁩􀀠 Length in miles. For intersections, enter 0.25 miles Select 2001 Regional Thoroughfare Plan classification According to NCfCOG ofproject street from the drop down menu: Freeway; Regional Arterial; Other Arterial; Not on Regional Thoroughfare Plan Based on police accident records, state the average number ofaccidents that have occurred in the proposed project location in the last 3 years. Condensed Descriptiono! 􀁐􀁲􀁯􀁰􀀨􀀩􀁓􀁾􀁤􀁬􀁉􀁮􀁰􀁲􀀨􀀩􀁹􀁥􀁭􀁥􀁮􀁴􀁳􀀠i Folly describe the proposed project concisely. Part 2. Pavement and Centerline Alignment Number and width oflanes. Ifknown, indicate ifthe road is to be divided (D) or undivided (U). Select the condition ofthe roadway nom the drop down list" Excellent, Good, Fair, or Poor. List the order ofprecedence ofdesign standards. Some ofthe standards are TxDOT, NTooG, City and AASmO standards. An example would be City of Dallas, NTCOG and TxDOT. This example says that the City ofDallas standards are over NCTffiG which is over TxDOT. Ifa specifie city standard is not used the county will assume to usethe City ofDallas standards. 7 For existing roadway -list the width ofpavement Examples are 2· II ft. lanes or 3-lOft. lanes or 24 ft. For proposed roadway -list the number and width of the lanes. The width should be in feet. 􀀡􀀧􀁡􀀺􀁶􀁥􀁭􀁾􀁩􀁩􀁉􀀮􀀤􀁩􀁩􀁲􀁬􀀺􀁾􀁾􀁴􀁹􀀩􀁩􀁦􀁩􀀮􀁾􀂷􀀺􀁲􀁨􀁬􀁣􀁉􀁩􀀮􀀬􀀬􀁾􀀻􀀠 For the existing roadway -list the surface type ofthe road and its thickness in inches. Examples are asphalt, asphalt over concrete or concrete pavement For the proposed roadway -Enter the type ofpavement surface desired and its thickness. 􀀡􀀧􀁩􀀡􀁾􀁾􀀧􀀻􀁩􀀡􀁕􀁩􀁾􀁦􀁩􀁾􀁾􀀮􀁾􀁾􀀺􀁲􀁉� �􀁩􀁾􀁾􀁾􀁳􀁩􀁩􀀠 For the existing roadway. enter the thickness in inches ofthe base pavement and its type. Ifthe current pavement thickness is unknown, state unknown. For the proposed roadway enter the minimum pavement thickness and type. 􀁾􀁶􀁾􀁬􀁬􀁉􀁾􀁩􀁩􀁦􀁳􀁩􀁩􀁢􀁶􀁡􀀮􀁤􀁾􀁾􀀧􀀶􀁐􀁾􀀦􀀧􀀱􀀺􀁦􀁬􀀮􀁩􀁣􀁫􀁊􀁬􀁥􀁩􀁩􀁳􀁾􀀠 For the existing roadway, enter the thickness in inches ofthe pavement subgrade and its type. Ifthe current pavement thickness and and material are unknown, state unknown. For the proposed roadway enter the minimum subgrade pavement thickness and type. In feet, state the width ofRight ofWay from the back ofthe curb to the Rjght of way line. Ifno curbs, state the distance from the edge ofthe pavementto the Right ofWay line along with no curbs. The parkway usually contains the sidewalk and the utilities such as electric, gas, water meters and clemouts. If the parkway width is not the same on each side ofthe road state such. An exampleis 10 ft E and 14 it. W whichmeans 10 feet on the East side and 14 fuet on the West side ofthe road. Ifno sidewalks, enter "0"; ifsidewalks on one side, indicate which side (L,R,N,S,E,W)and width in reet; ifsidewalks on both sides, enter "2"and width of each in feet. Eg.; 2, 6' means there are 6 fOot sidewalks on both sides. For corridors, use the minimum number ofthrough lanes in both directions anywhere within the project limits. For example, a roadway that at its narrowest provides for one lane ofthrough traffic in each direction would be encoded as "2". Note that dual left turn lanes or auxiliary lanes are not included For intersections, use themaximum number oflanes available for through traffic for the direction with the minimum number oflanes, including shared lanes. For example, an intersection that provides for 3 through or shared /through lanes in one direction but only two in the other would be encoded as "2". Note that exclusive turn lanes are not included in this count For corridors: reflects the presence ofcontiouous left turn lanes or bays at every intersection. For intersections: this value is the maximum number of exclusive or shared left lanes on the approach with the minimum number ofleft turn Janes. (See comment for through lanes) What is the length ofthe left turn storage bay in feet? For corridors; reflects the presence ofauxiliary accelJdecel and right turn lanes. For intersections; enter the maximum number ofright turn 8 􀁾􀁲􀁡􀁤􀁥􀀠􀁾􀁱􀁕􀁩􀁲􀁥􀁭􀁥􀀢􀀬􀁾􀀠 􀁁􀁶􀁾􀀮􀁡􀁧􀁥􀀩􀀺􀁾􀁥􀁣􀀺􀁦􀁾􀁾􀁩􀁩􀀧􀁴􀀺􀁬􀀠 􀁾􀁾􀁾􀁅􀁾􀁾__l1iil Aqv.3I1!eiiali}l!Zii IS ceniernneaugneifIB cenie.; QI ROW? Jf not, hQW much IS it Qffset frQID 􀁴􀁨􀁥􀁾􀁾􀁲􀁬􀀡􀁊􀁬􀁤􀀠􀁴􀁾􀀠 which side?; Part 3. Traffic iie5ign􀁾􀁓􀁬􀁩􀁾􀁤􀁩􀀠 􀁾􀁶􀁥􀁩􀁩􀁧􀁾􀁐􀁪􀁩􀁓􀁴􀁾􀁤􀁓􀁪􀀻􀁾􀀮􀁩􀀠 lanes (exclusive and shared) on the approach with the minimum number ofsuch lanes. For the existing roadway, state the width in ket ofthe median ftom the inside edge ofthe pavement to the other inside edge ofthe pavement. Ifthere is not a median then state O. For the proposed roadway state the desired width ofthe median in feet. Ifno bicycle lanes, enter "0"; ifbicycle lanes on one side, indicate which side (L,R,N,S,E,W); ifbicycle lanes on both sides, enter "2". After determining side, enter width oflanes in keto Eg.: 1 N, 12' (Bicycle facility on the north that is 12' wide.) Ifknown state the average amount ofmaterial to be removed in ket. Ifknown state the average amount ofmaterial to to be added in feet. Identify the type ofrepair to be done by selecting from the drop down list. If your repair type does not fall into any of the drop down list eategories, type it in. State the size ofthe area to be repaired in square feet and linear feet ofedge. Yes I No. Cleek the box for yes. Ifit is not aligned, state in feet the distance from the roadway centerline to the midpoint ofthe Right ofWay. Speed the roadway was designed for. For corridors with more than one speed limit, the average posted speed (in miles per hours) is the weighted average ofthe posted speeds. For intersections, enter the highest posted speed ofthe intersecting roads. Operating speed at period ofpeak demand, in miles per hours, calculated by dividing the length ofthe project by the time required (in hours) to traverse the projects. The average daily traffic (ad!) ofthe filciIity to be improved. For new roadway . fucilities, enter "NIAn The source oftraffie volume infunnation. For estimates, enter "Estimate"; fur real world data, enter 'Count" and the month and year ofthe count 9 Presence 􀁯􀁦􀁂􀁴􀁩􀁓􀁪􀁾􀁩􀀡􀁤􀁬􀀡􀀡􀁲􀁈􀁾􀀠 Truck Trafgci Check the box ifthe project is on a roadway that experiences bus or heavy traffic, Leave box unchecked if it does not have heavy vehicles on it Pal"t 4. Drainage State what storm sewer or drainage manual are proposed. Is no sturm sewer is needed then state N/A Ifa storm sewer is to be installed and the city does not have their own manual then use the GtyofDaIlas Manua), Number 􀁯􀁦􀁣􀁮􀁬􀁶􀁥􀁲􀁴􀁓􀀭􀁩􀁜􀁩􀀬􀁴􀁾􀀠 􀁤􀁩􀁭􀁥􀁮􀁳􀁬􀁯􀁬􀁬􀀮􀁬􀀩􀁦􀁣􀁾􀁙􀁾􀁲􀀡􀁳􀀻􀀠 State number and dimension ofexisting and proposed culverts. Ifnone exists and/or is being proposed, enter "N/AU Bridge 􀁪􀁥􀁮􀁧􀁡􀀻􀀺􀀳􀁮􀀴􀁾􀁾􀁴􀁨􀁊􀁓􀁴􀁡􀁴􀁥 length and width ofexisting and proposed bridge. Ifnone exists and/or is being proposed, enter "N!An Part 5. lftilitics For each ofthe fullowing utilities. please check ifit exists in the proposed project. Water LInes: GtiLines: 􀁔􀁉􀁴􀁁􀀺􀁊􀁪􀁩􀁩� �􀁬􀀠 Storm Sewer: 􀁴􀁾􀁾􀁾􀁩􀁩􀀮􀁾􀀴􀁩􀀮􀁾􀀻􀀠 Sanitary Sewer: 􀁙􀀺􀁄􀀡􀁉􀀮􀁥􀁾􀁤􀀭􀁙􀁊􀁬􀁬􀁟􀁩􀁩􀁦􀁴􀁓􀁩􀀠 Cllble: E1edr1city)JneSi Other Undergrlllli!lI]!!i!!iies; Please state any other utilities not listed above that exist in the proposed project location Check ifutilities exist on street ROWand leave blank ifthey do not State any kuown risks fur utility partners Utilities own 􀁩􀀮􀀮􀁥􀁾􀁾􀀺􀁹􀀧􀁛􀀡􀁩􀀧􀁲􀁩􀁩􀁬􀁬􀁲􀁴􀁾􀀡􀀺􀀡􀀾􀀮􀀡􀀡􀁾􀁾􀁾􀁩􀀡􀁩􀁾􀁬􀀠 Check the box ifutilities are located on their own ROW or have an existing easement and "No" ifutilities are located on street ROW 10 relocatiou from the project ROW Check the box ifSUE will be needed Please state any other concerns or special considerations fur utility Part 6. ROW Acquisition IASafety Check ifthe following exist or are proposed as part ofthe project 􀁾􀀱􀀮􀁬􀀡􀁾􀁔􀀨􀁩􀁩􀀺􀁥􀁪􀁪􀀻􀀠 􀁾􀁉􀁴􀁾􀁬􀀻􀀠 State any other safety issue that might exist in the proposed project location I B. Environmental Check ifthe following exist I apply in the proposed project. FlO.O.pd .i.i..i.i_i.,, Please indicate the FIRM Panel nwnber in the "Comments ofROW AvailabilitylEasements" Box Ifpresent, indicate proximity (in feet) ofa lake to the projeet in the "Comments ofROW AvailabilitylEasements" Box. Ifproject crosses lake, please say so. Please indicate location and organization that bestowed the designation in the "Comments ofROW AvaiiabilitylEasements" Box Please indicate name ofcemetery and contact person ifknown in the "Comments ofROW AvailabilitylEaseme nts" Box Please indieate ifjnnkyard is present and any contact information known in the the "Comments ofROW AvaiiabilitylEasements" Box 􀁏􀁴􀁾􀁩􀀠 State any other environmental issue that might exist in the proposed project location and contacts ifknown IC. Right ofWay Who is the person to contact for ROW questions in your organization? What is the ROW contact's phonc number? 11 This is !he wid!h of!he road right ofway before !he project. If!he wid!h is variable please include a map to indicate !he varied wid!hs wi!h your project submittal. This is !he amount ofright ofway !hat it will required to complete !he project Number ofProperties !hat will be impacted by !he project. Please include easements in this number. What is !he acquisition fee? State if!here is a permanent easement State if!here is a temporary easement Enter !he number ofhouses bcing bisected. 􀁴􀁯􀁭􀁩􀁩􀁩􀁾􀁲􀁣􀁬􀁡􀁉 Bilildiitgs; Enter !he number ofcommercial buildings being bisected. CommeiitsOl! 􀁒􀁾􀁗􀀺􀁾􀁙􀀻􀁵􀀡􀁡􀁢􀁩􀁉􀀡􀁴􀁙􀀻􀁐􀁬􀁥􀁡􀁳􀁥 indicate any properties !hat may be a dedicaion possibility or !hat are known to be against !he project being completed. D. General Acquisition Costs 􀁅􀁬􀀡􀁩􀁬􀁩􀁬􀁊􀁡􀁴􀁥􀁩􀁩􀁾􀁃􀀡􀁓􀀡􀀺􀁯􀁏􀀺􀀺􀀮􀁁􀁁􀀡􀀨􀁑􀀻􀀮􀁩􀁙􀁬􀀠 An estimate of!he consideration due the land owners fur !he land to be acquired wi!hout reguard to improvements or damages 􀁩􀀻􀀻􀁩􀁩􀁓􀁴􀁾􀀨􀁦􀁩􀁩􀁴􀁰􀁲􀀮􀀺􀀮􀀮􀁯􀁶􀁥􀁩􀁮􀀮􀁥􀁬􀀡􀁮􀁩􀀡􀀺􀁒􀀮􀁑􀁗􀀮􀁩􀀠 The compensation due to !he land owners fur the improvements with in !he acquisition area. This will include Landscaping, driveways and other ilatwork, rencing, and all o!her improvements in !he acquisition area. 􀁎􀀮􀀺􀁬􀀱􀁬􀁬􀀱􀁢􀁥􀁩􀁯􀁦 􀁰􀁾􀁾􀁾􀀡􀀡􀀡􀀺􀁩􀀡􀀮􀁾􀁬􀀡􀁉􀁡􀁧􀁥􀀳􀀠List !he number ofparcels wi!h damage 12 State cost ofdamages 􀁎􀁵􀁭􀁢􀁥􀀡􀁾􀁦􀀮􀁢􀁪􀁪􀁪􀁥􀁃􀀡􀀮􀁾􀁾􀀠􀁨􀁾􀁩􀁩􀁩􀁾􀁩􀁩􀀱􀀡􀁾􀁩􀁪􀁝􀀠List number ofbisected improvemeots State cost ofbisection ROW Subiil!3ii Subtotal ofall above costs (Autonlatically added up. Ifnothing is shown, be sure $0 are eotered where no costs will accrue above. Cost ofinflation over 6 years. Total costs ofall ROW items above, plus inflation List and 􀁥􀁸􀁩􀁩􀁬􀀳􀁩􀁩􀁩􀁪􀁩􀁾􀁩􀁾􀁩􀁬􀁮􀀺􀀡􀁃􀀭􀀺􀁏􀁾􀁦􀁩􀁩􀁾􀁴􀁹􀁊􀁳􀁳􀁾􀁥􀁳􀀺􀀮􀀠Ex. Contaminated Soil, service stations, fuel tanks, landfills, noise walls, trailer parks, tree ordinances, etc. PaJ-t 7. Other Amenities to the P.-oject Please check ifthe following amenities are proposed as part ofthe project. The cost of items with asterisks may not be covered by Dallas County. Landscapiiig: Brick 􀁐􀁡􀁶􀁥􀁲􀁾􀁾􀀠 Street iigbtiiig! 􀁔􀁲􀀳􀁦􀀡􀁩􀁾􀁓􀁩􀁧􀁮􀀻􀁩􀁦􀁩􀀱􀀠 􀁐􀁡􀁶􀁥􀁭􀁥􀁮􀁦􀁍􀁾􀁬􀀼􀀡􀁩􀀡􀁧􀁳􀁊􀀠 bARt 􀁬􀁩􀁾􀁳􀁟􀁦􀁩􀀡􀁩􀀢􀁾􀀡􀁬􀁴􀀻􀀠 􀁂􀁾􀀮􀁓􀁴􀁯􀁩􀁩􀁩􀀮􀁯􀁩􀀺􀁾􀀮􀁾􀀮􀀺􀁥􀁩􀁩􀁥􀁾􀀡􀀱􀀠 \'Vatm:!.Jtili.ty􀁬􀀡􀀡􀀱􀁰􀀡􀀢􀁟􀁩􀀢􀁖􀁉􀀻􀁾􀀡􀁩􀁩􀀡􀀡􀁾􀀠 13 Retainlitg \Vans, <'" Sod, 􀁓􀁾􀁥􀁬􀁬􀁩􀁧􀁧􀀻 􀁴􀁏􀁩􀁩􀁾􀀻 < 􀁄􀁲􀁡􀁩􀁮􀁡􀁧􀁥􀁊􀁩􀀻􀁩􀁰􀁲􀁬􀁩􀀡􀁾􀀡􀁬􀁩􀁩􀀻􀁩􀀡􀁴􀀸􀁩􀀠 DR 􀁃􀁲􀁾􀁬􀀡􀁩􀁧􀁊􀁄􀁬􀁐􀁲􀁯􀁙􀀺􀁥􀁭􀁥􀁾􀁴􀁳􀀡􀀠 Grade sep;U:jtiiiiis; Ramps or. 200_. The County oCDaUas, State oCTexas, has executed this agreement pursuant to Commissioners Court Order Number ____and passed on the __day oC____--', 200 • CITYOF _________ COUNTY OF DALLAS BY__􀁾􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭� �􀀭􀀭 BY__􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀀠 TITLE LEEJACKSON,COUNTYJUDGE ATTEST APPROVED AS TO FORM: CI=yy==S-E-C-RE--T-AR---Y-'-A..T..T. =--=-O-RNE----Y John DahiU, Advisory Chief, Civil Section DaUas County District Attorney MASTER AGREEMENT-11110/00 14 , Council Agenda Item:lld SUMMARY: This item is to request Council approval to enter into a Master Interlocal Agreement with the County ofDa1las, Texas fur Transportation Improvements on roads that are on the Central Texas CoUncil ofGovernment's Regional Thoroughfare Plan. FINANCIAL IMPACT: Approval ofthe Master Interlocal Agreement will allow the Town to receive certain grants from Da1las County through their Capital Improvement Program. BACKGROUND: In Fiscal Year 2000, the Dallas County Commissioners Court replaced its traditional bond financing approach to fimding infrastructure improvements with a programmed Major Capital Improvement Program. This Program is implemented by issuing an annual countywide call for projects to identuy and fimd needed roadway improvements within the County, With local governments submitting candidate projects for potential selection and fimding. The Town ofAddison submitted a total ofsix projects. Pursuant to Court Order 2000-2117, dated October 17, 2000, Da1las County Commissioners Court approved certain projects for inclusion in Program Years 2004, 2005, and 2006 ofthe Transportation Major Capital Improvement Program. County fimding for a portion ofconstruction ofthe following roadway related improvements in the Town ofAddison was established., as listed below: Project Amount Arapaho Road, Phase III (Addison Rd. to Surveyor Blvd.) $1,432,812 Midway Rd. Signal Improvements (Spring Valley Rd. to Dooley) 196,000 Funds for Midway Rd. and Arapaho Rd. are available to the Town ofAddison in Fiscal Years 2005 & 2007, respectively. The remaining cost for Midway Road signal upgrade will be fimded from Street Capital Project fimds. The remaining cost ofconstruction of the third phase ofArapaho Rd. will be fimded from the Town's General Obligation Bond Program. I/ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 STATE OF TEXAS § § COUNTY OF DALLAS § 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 Interlocal Agreement, hereinafter called MASTER AGREEMENT, for the purpose of Transportation Improvements on roads inside Dallas County that are on the North Central Texas Council of Government's Regional Thoroughfare Plan. WITNESSETH WHEREAS, pursuant to Court Order 2000-2117, dated October 17, 2000, COUNTY Commissioners Court approved participation in Transportation Major Capital Improvement Projects for the Program Years 2004, 2005, and a portion of 2006 within the cities inside Dallas County; and WHEREAS, the approved project lists may be modified, updated or approved by the Commissioners Court on a periodic, as-needed basis; and . WHEREAS, Chapter 791 of the Texas Government Code, as amended, provides authorization for local governments to entednto interlocal agreements; . 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 FOLI.OWING DEFINITIONS ARE INCORPORATED IlSTO THIS AGREEMElST FOR AI.L 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 ofTexas. c) COUNTY shall mean the County of Dallas, 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 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;. c hange orders; damage claim. s; travel expenses incurred specifically to 1 __ _______ COURT ORDER ORDER NO, 2.0021375 DA'l!E: JUL 3 02002 S'l!A':!!E OF ':!!EXAS 􀁃􀁏􀁾􀁙􀀠OF DALLAS BE I'l! REMEMBERED, at a regular meeting of the Commissioners court of Dallas County, Texas, held on the 30th day of 2002, on motion made by _J_:rnt_'J_a_cksOll_,-,_Conrni,,-,---'=.S' ,-S,-l..::-O' ll;;...:cer"-'---'o:..:fc...;;D.;:i::;s:..:tr=ic:::.;:tc..:.No=,...=l , and seconded by 􀀭􀀬􀀭􀀭􀀬􀁍􀁩􀁫􀀭􀀬􀀮􀀧􀀭􀀺􀀭􀀺􀀭􀁥􀀭􀀬􀁃􀁡􀁮􀀺􀀭􀀭􀁴􀁲􀁾􀁥􀀬􀀭􀁬􀀬􀀭􀁬􀀭􀀬􀀬􀁟,'---CCorn:ni=='=s.=s.=ianer===_o=f=-_c:D.=i:=s.=tr=l.=-c' =-t=-.;:No=:.c....;:2'--____, the following order was adopted: WHEREAS, the matter set forth below was briefed in Commissioners Court on July 23, 2002; and WHEREAS, in order to implement the projects requested by the Town of Addison for the Major Capital Improvement Projects (MCIP) for the Program Years 2004, 2005, and a portion of 2006, it is necessary to execute a MAS'l!ER AGREEMEN'l! GOVElUll:NG 'l!RANSPOR'l!ATION KAJOR CAPI'l!AL IMPROVEMENT PROJEC'l!S with _the Town of Addison; and WHEREAS, pursuant to Court Order 2000-2117 Dallas County Commissioners Court approved participation in the MCIP with a list of proposed accepted projects attached to the Court Order; and WHEREAS, the Town of Addison has submitted the referenced agreement for final execution which is attached for execution by Commissioners Court, IT IS 'l!BEREFORE ORDERED, ADJUDGED AND DECREED by the Dallas County Commissioners Court that the County Judge is hereby directed and authorized to execute the attached MAS'l!ER AGREEMENT GOVERNING 'l!RANSPOR'l!A'l!ION KAJOR CAPI'l!AL IMPROVEMEN'l! PROJECTS with the Town COOR'l!, this the Judge ABSENT John Wiley Price, Recommended for Approval: Donald R. Holzwarth, P.E. Director of Public Works 30th day of District 3 DALLAS COUNTY PUBLIC WORKS August 15, 2002 Mr. Michael Murphy Director of Public Works Town of Addison P. O. Box 9010 Addison, Texas 75001-9010 Re: TRANSMI'ITALOFMASTERAGREEMENTGOVERNINGTRANSPORTATIO N MAJOR CAPITAL IMPROVEMENT PROJECTS Dear Mr. Murphy: Enclosed please find OiW (1) copy of the referenced MASTER AGREEMENT GOVERNING TRANSPORTATION MAJOR CAPITAL IMPROVEMENT PROJECTS, along with a copy of Court Order No. 2002-1375,dated July 30, 2002, for your records and use. Should you have any questions or cOlIl!llents, please do not hesitate to contact ibis office. Thank you for your cooperation in ibis endeavor. We look forward to working with your city on future thoroughfare projects. Sincerely, Donald R Holzwarth, P.E. Director ofPublic 􀁗􀁯􀁾􀀠___ DRH:ABR:JCN/dlc0'.,.--enclosure 411 Elm Street, 4th Floor Dallas, Texas 75202 (214) 653-7151 cany 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, t) 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 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 shaH at a minimum identify the 'Overal\ funding scheme, and basic scope of the PROJECt. k) PARCEL OR PARCELS shaH mean those tracts of land and improvements located either wholly or partiaHy thereon, identified by COUNTY, CITY or other STAKEHOLDER as required for right-of-way requirements of the PROJECT. Such Right-of-way shaH include both the existing street, road, drainage or other CITY or COUNTY real property ownership and aH 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 overal! 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 shaH mean representatives from COUNTY, CITY, and other STAKEHOLDERS as may be mutuaHy agreed upon by COUNTY, CITY and ST AKEHOLDER 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 CITYand/or other applicable STAKEHOLDERS. , 2 Dor:!.IrncN I 9J.07IO 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, inigation, decorative lighting, special signage, or any other feature above and beyond the STANDARD BASIC PROJECT 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 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 unifonn signals, street light foundations. 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) 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 sha11 mean any governmental or quasi-governmental entity making a finaricial contribution to the PROJECT. u) TxDOT shall mean the Texas Department ofTransportation. v) UTILITIES shall mean each City Utility, public utility, common camer, governmental or quasi-governmental facility, fiber optic facility, or other facility located within the limits of the Project by virtue of Texas or Federal Law or agreement between the entity and the CITY, COUNTY, or STATE OF TEXAS. w) CITY UTILITY shall mean those owned or operated by CITY which require relocation or adjustment for the purpose of the construction of the PROJECT as identified by PROJECT plans. x) UTILITY IN PUBLIC RIGHT-OF-WAY sball mean all UnLITIES 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 facHities 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 3 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 stI:eet 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 terminated as provided in Article IV (Termination) or the expiration of ten (10) years, whichever shall first occur. ARTICLE III. AMENDMENTS' This Master Agreement may be amended with the mutual consent of the CITY and COUNTY. Any amendment must be in writing and approved by the parties' respective governing bodies. ARTICLE IV. TERMINATION. DEFAULT. TIME OF THE 􀁅􀁾􀁓􀁅􀁎􀁃􀁅􀀠AND FORCE MAJE;URE 1. TERMINATION A. This MASTER AGREEMENT may be terminated by any ofthe following conditions: (1) By expiration of term of the agreement. (2) By mutual written consent and agreement of COUNTY and CITY. (3) By either party, by notice in writing establishing the effective date of termination to the other party as consequence of the party being in 􀁤􀁥􀁦􀁡􀁵􀁬􀁾􀀠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 ofthe defaulting party. (4) By either party with ninety (90) days written notice to the other 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 of this MASTER AGREEMENT. C. In the event that any SUPPLEMENTAL AGREEMENT is terminated prior to completion of the PROJECT, no additional Costs shall be incurred other than Costs due and payable at the time of termination for services actually performed or that shall become due and payable due to such termination. The LEAD AGENCY, to the extent permitted. may terminate all project contracts, unless written notice is given by either party to the 4 other of its intent to complete the PROJECT, and prepare a final accounting for the PROJECT. D. If the PROJECT is tenninated by the CITY prior to the award of any construction contract and the PROJECT is located within the CITY limits, CITY shall pay to COUNTY the full amount expended by COUNTY on the PROJECT and COUNTY shall transfer to CITY its rights and all deliverables that it may be entitled to receive under the existing professional services or other project contracts or agreements. Such amount shall be included in the final accounting for the PROJECT. Such amount shall be due and payable in full ninety (90) days subsequent to the tennination, or thirty (30) days subsequent to delivery of final accounting. E. Once the construction contract has been let, with the approval of the other party, the SUPPLEMENTAL AGREEMENT for that PROJECT cannot be terminated until completion of the construction. F. In the event that a PROJECT is terminated either party may, upon written notice, take over the project and prosecute the work to completion by contract or otherwise at their sole cost and expense. In the event that the party completing the work is not the LEAD AGENCY, it is agreed that the PROJECT MANAGER will furnish to the completing party a listing of current records pertaining to any outstanding obligations or other records or infonnation required by any project contract, including any Work Order, or requested in writing by completing party in either printed or electronic format or both. The LEAD AGENCY agrees to cooperate with the completing party. The LEAD AGENCY will use its best efforts to transfer to the completing party all contracts. Obligations under such contracts shall become the sole obligation of the completing party upon transfer. Completing party agrees to timely pay all future obligations under 􀁳􀁵􀁣􀁾􀀠contract as they become due and payable. Completing party bereby releases tbe LEAD AGENCY from any and all liability under sueb assigned contracts subsequent to date of transfer, effective upon upon tbe transfer date. LEAD AGENCY shall exercise its best efforts to insure a transition of services without interruption G. Either party shall have the right to retain copies of all data, information, engineering, studies, or other items produced to the date of termination. H. Provisions B through G will survive the termination of this MASTER AGREEMENT and any SUPPLEMENTAL AGREEMENT and shall be a continuing obligation until the transition of services, all payments made and the PROJECTS are complete. All items listed or required in this provision shall be furnished by LEAD AGENCY to completing party without additional cost or expense to completing party. 2. FORCE MAJEURE: Neither COUNTY nor CITY shall be deemed in violation of this· Contract if it is prevented from performing any of its obligations hereunder by reason of, for or through strikes, stoppage of laoor. 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 no! 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 :uspension shall give notice of such impediment or 􀁾􀀬 9.)0710 delay in perfonnance 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 perfonnance of this MASTER AGREEMENT, without waiving any sovereign or governmental irnmunity 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 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, return receipt requested and addressed to the parties at the following address. B. All notices and correspondence to COUNTY by CITY shall be mailed or delivered by hand as follows: DALLAS COUNTY PUBLIC WORKS Donald R. Holzwarth, P.E., Director 411 Elm Street, Suite 400 . Dallas, Texas 75202-3389 C. All notices and correspondence from COUNTY to CITY shall be mailed or delivered by hand as follows: 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 ofsuch change ofaddress to the other party. ARTICLE VII. CITY COVENANTS AND AGREES AS FOI.LOWS; 􀁾􀀠T o execute the necessary agreements for the implementation of design and construction of the PROJECTS mutually agreed upon and incorporated herein by SUPPLEMENTAL AGREEMENT. 6 􀁾􀀮􀀹􀁊􀀰􀀷􀀱􀁏􀀠 B. Provide CITY Council Resolution adopting approved preferred alignment, proposed estimated 􀁾􀁵􀁤􀁧􀁥􀁴􀀬􀀠 and commitment to meet PROJECT funding for each milestone as specified'herein or in a SUPPLEMENTAL AGREEMENT. C. CITY agrees to share the funding of each PROJECT with COUNTY on an equal share basis (50%150%), or as othelWise agreed upon cost sharing arrangement as specified in a SUPPLEMENTAL i\GREEMENT with the following exclusions: CITY shall bear the entire cost of: I. 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 PROJECTDESIGN; 3. UTILITY BETTERMENTS and ROAD or STREET AMENITIES. 4. CITY PROJECT TEAM participation or project management (if the CITY has LEAD AGENCY Responsibility) Direct Costs which are not supported by a detailed hourly accounting system; 5. CITY Indirect Costs. When mutual written agreement has been reached as to PROJECT limits by COUNTY and CITY at the Predesign' Charrette, CITY agrees to atquire 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 of way areas. In the event of any proposed use of the PROJECT right-of-way that will conflict with the proposed PROJECT and CITY is unable to obtain such right-of-way as described above, CITY shaH notify COUNTY of such conflict. COUNTY and CITY shall determine if the acquisition of the conflicting parcel would be in the best interest of the PROJECT. In the event that agreement is reached and the parcel is acquired such cost shall be included in the pro rated cost of the project in the agreed upon proportions .. CITY hereby grants COUNTY authority to enter into eminent domain proceedings within the CITY limits on specific right-of-way alignments 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 Project. CITY Utilities shall be relocated or adjusted at no cost to COUNTY except as may be specifically set forth m this MASTER AGREEMENT or any SUPPLEMENTAL AGREEMENT. 7 E. CITY agrees to fully cooperate on issues relating to billboards, 􀁡􀁤􀁶􀁾􀁲􀁴􀁩􀁳􀁩􀁮􀁧􀀠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. Additional PROJECT costs caused or contributed to by adoption of or changes to ordinances or laws made by either party subsequent to execution of the SUPPLEMENTAL AGREEMENT for the PROJECT shall be borne in full by the party making such adoption or change. 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 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 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 PrQ rated at the overall percentage agreed to by CITY and COUNTY for cost sharing. CITY shall be responsible for funding one hundred percent (100%) of any BETTERMENTS. Except as provided herein, all costs for adjustment and/or relocation of utilities in the public right of way shall be the responsibility of the Utility Owner or of the CITY UTILITY. Any PROJECT delay or other damages caused by CITY UTILITY'S failure to timely relocate or adjust the facility shall be at the entire cost of CITY. H. To provide for continuing surveillance and control of right of way to prevent the construction, placement, storage or encroaclunent 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 shaH bear the entire cost of removal or relocation of said encroaclunent. I. To provide to COUNTY for COUNTY'S or COUNTY'S designee lise, at no cost, adequate copies of all construction standards, codes, (specifically including zoning and development codes), plats, specifications, guidelines, standards or any other pertinent informatiqn 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 CHARRETIE, preconstruction meeting, partnering meetings and project team meetings which are necessary to project development/completion and fiduciary relationships. 8 K. CITY agrees to provide timely review of interim submittals. "Timely review" will be agreed upon during the PREDESIGNCHARRETTE 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, includirig. 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 wi\! 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, streetiighting, 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 wili be. the LEA.!) AGENCY. In the event that the CITY and COUNTY agree in writing that CITY will manage and administer one or more PROJECTS, CITY and COUNTY will enter into a SUPPLEMENTAL AGREEMENT as to that project(s). In such instance, CITY agrees to assume all LEAD AGENCY responsibilities except as may be set forth in the SUPPLEMENTAL AGREEMENT as determined by mutual consent. ARTICLE VIII. UTILITY IMPACTS A. In cases where a UTILITY IS LOCATED IN A PRrVATELY OWNED RIGHT-OFWAY, and it is necessary to relocate the facility orr'nake adjustments by reason of the widening or improvement of the designated project, the COUNTY (or CITY if acting as 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 and COUNTY shall use their best efforts and take all steps necessary to insure. that such relocation or adj ustment shall not conflict with or delay the PROJECT schedule. 9 00I:v.meIII. 9)0111) ARTICLE IX. COUNTY AGREES AS FOLLOWS A. To provide as a PROJECT Cost preliminary engineering which will define project details, e.g., location, scope of work and specific right of way alignment for each improvement. Such preliminary engineering shall be submitted to the CITY for approval, prior to proceeding with the final design and any right of way acquisition. B. To provide as a PROJECT Cost for the construction of transportation improvements based upon design criteria conforming to STANDARD BASIC PROJECT DESIGN in conformity with applicable CITY ordinances and standards, to the extent of Commissioners Court approved program funding. Scope of work shall include the agreed 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 􀁵􀁴􀁩􀁬􀁩􀁺􀁾􀀠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 ihe 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, of the necessary additional right of way, on designated projects, in accordance with minimwn standard requirements and utilizing existing public right of way to the maximwn extent possible as a PROJECT cost. I. To require all contractors to secure all necessary permits required by CITY on said construction projects. J. To furnish record drawings of construction plans for the permanent records of CITY within twelve (12) months upon completion and acceptance of the transportation improvement PROJECT. 10 K. In and for Ten Dollars ($10.00) and other good and valuable consideration, including the future ooligation ofmaintenance, operation. control and acceptance ofliability therefore 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 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 CHARREITE A. CITY and COUNTY, as specified in Articles VII and IX, respectively, wi!! designate officials or representatives to participate in a Predesign Charrette to be conducted on a mutually agreeable date and location. 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 tearn participants shall be identified at the Predesign Charrette. C. At the conclusion of the Predesign Charrette a SUPPLEMENTAL AGREEMENT shall be produced which outlines the identified roles and scope for the Project. ARTICLE XI. FUNDING A. CITY and COUNTY mutually agree to proportionately fund the DIRECT PROJECT & PROGRAM costs as agreed by the parties in a SUPPLEMENTAL AGREEMENT. Unless otherwise specified' in the SUPPLEMENTAL AGREEMENT, COUNTY shall bear fifty percent (50%) of the total DIRECT PROJECT & PROGRAM costs excluding the ROAD OR STREET AMENITIES, relocation or adjustment of. CITY UTILITIES, UTILITY BETTERMENT, INDIRECT COST, DIRECT COST not supported by detailed hourly accounting system and other items as specified in this MASTER AGREEMENT or any SUPPLEMENTAL AGREEMENT. COUNTY shall not be responsible for any amount of funding in excess of the PROJECT not-to-exceed amount as shown in the PROJECT SUPPLEMENTAL AGREEMENT. Unless otherwise specified in the SUPPLEMENTAL AGREEMENT, CITY shall bear fifty percentage (50%) of all DIRECT PROJECT AND PROGRAM costs. In addition CITY agrees to fund all other CITY cost as provided herein, inCluding, but not limited to, ROAD OR STREET AMENITIES, relocation or adjustment of CITY UTILITIES, UTILITY BETTERMENT, INDIRECT COST, DIRECT COST not supported by detailed hourly accounting system and other items as specified in this MASTER AGREEMENT or any SUPPLEMENTAL AGREEMENT. 11 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 utility relocation or adjustment and (3) construction. The LEAD AGENCY shall prepare an estimated cost for each milestone. Upon approval of the cost by the other party, each party shall fund its share of the respective milestones by placing that amount of money in an escrow account or otherwise encumber the funds to insure that the LEAD AGENCY will have sufficient funding available from current revenue for the timely payment of PROJECT milestone costs. The LEAD AGENCY may bill the other party for periodic payments for the actual amount of work completed toward the completion of the milestone. Upon completion of the milestone, the 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 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 funding to complete the PROJECT at the agreed upon cost share percentages. At the termination of the PROJECT, the LEAD AGENCY will do a final cost accounting of the PROJECT. In the event that the amount paid by either party exceeds its portion of the actual cost, the difference will be remitted to such party. In the event that additional funds are due, the LEAD AGENCY will bill the other party who agrees to pay such funds within thirty (30) days of receipt of such billing. D. If CITY elects to manage PROJECT, COUNTY will reimburse CITY based on invoices for actual costs expended in accordance with COUNTY invoicing policy. E. Upon execution of a SUPPLEMENTAL AGREEMENT, CITY shall escrow an amount adequate for initial project costs which COUNTY may use to pay for initial professional services required for scoping, preliminary, and primary design. ARTICLE XII. NO THIRD-PARTY BENEFICIARY ENFORCEMENT It is expressly understood and'agreed that enforcement of the terms and conditions of this Agreement and all right of action relating to such enforcement shall be strictly reserved to CITY and COUNTY and nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other person on this Agreement. It is the express intention of CITY and the COUNTY that any entity other than CITY or the COUNTY receiving services or benefits under this agreement shall be deemed an incidental beneficiary only. This Agreemeni is intended only to set forth the contractual 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 personnel as requested BY COUNTY for traffic control or other public safety matters at no cost to the PROJECT or COUNTY. 12 Article XlV. 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 agre.es 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 instrument in writing executed by the parties hereto as herein provided. C. Seyerability. 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. De(au,t/WajyerIMjtigatjon. 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 or Texas FupdiDII._ 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. 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. Ueadjpp. The titles which are used following ttie number of eaCh paragraph are only for convenience in locating various provisions of this AGREEMENT and shall not be deemed to affect the interpretation or construction of such provision. G. Number and Gepder. 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 al\ of which shall constitute one and the same instrument. 13 The Town of Addison, State of Texas, has executed the Agreement pursuant to duly authorized CITY Council Resolution R02-045 ,Minutes Dated the 28 t ldayof May . ,200;?. The County of Dallas, State of Texas, has executed this agreement. pursuant to Commissioners Court Order Number 2002-1375 and passed ·on the 30th day of Julv , 200l. TOWN OF ADDISON COUNTY OF DALLAS, TEXAS COUNTY OF DALLAS, TEXAS By:K-BY: 􀁾􀁾􀁌􀀭􀁾􀁾____________ RON WHITEHEAD, CITY MANAGER LE N, COUNTY JUDGE DATE: 􀁾______________ DATE: 􀀷􀀡􀁾 (0 LI { ATTEST: APP BY:_'++-.:....:.:..:..!....:...- '---f\--------:Janet e guson, Deputy ief, Civil Section Dallas nty District Attorney's Office 14 An employee-owned company July 2,2003 Mr. Steve Chutchian Town Engineer Town of Addison 16801 Westgrove Dr Addison, Texas 75001-9010 RE: Cost Estimate for Beltline Road Dear Mr. Chutchian: Attached is a proposed contract to prepare a cost estimate and a Dallas County application for Beltline Road. We appreciate the opportunity to submit this proposal and are anxious to begin this project Based on our discussions, we are providing this proposal with the understanding that this project is a rather straight-forward cost estimating effort along with the preparation of the Dallas County application We propose that we perform this work on an hourly basis. We have been asked to provide a maximum amount, which we have done. Obviously this amount is based on our best estimate of time required to perfonn the tasks in the scope of services that we have developed. We feel this is a very "tight" estimate and will depend on the full cooperation of the Town's Public Works staff in providing information, making decisions and timely reviewing our submittals in order for us to accomplish this project within our budget and the timeframe required. We trust that this contract is agreeable to you and anticipate the return of one executed original with a notice to proceed within approximately one week. We look forward to getting started and working with you on this project. Sincerely, 􀁾􀁾􀀠 Clarence Daugherty, P.E. Director of Municipal Services C:\AddisonI8elUine & KS trans lIT REV, 7·2·03.doc 5999 Summerside Drive, Suite 202 • Dallas, Texas 75252 • Telephone: 972.380.2605 • Fax: 972.380.2609 • www.pbsj.com Rev.10tOO Public Client PROFESSIONAL SERVICE AGREEMENT THIS AGREEMENT. made and entered into , by and between Post, Buckley, Schuh & Jernigan, Inc. (PBS&J) and the Client identified herein, provides for the Professional Services described under Item 2 of this Agreement. PHONE NUMBER: (972) 450·2886 􀁾􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭 CLIENT: Town of Addison FAX NUMBER: (972) 450-2837 ADDRESS: 16801 Weslgrove Dr, CONTACT PERSON: steven Chulchian, P.E. Addison Texas 750Q1·9010 PROJECT NUMBER: SHORT TITLE: Beltline Cost Estimate and Application 1. DESCRIPTION OF PROJECT SITE: Beltline Road between Dallas parkway and Marsh t ane 2. SCOPE OF SERVICES TO BE PROVIDED BY PBS&J (If additional pages are necessary, they are Identified as Attachment Al: See Attachment A 3. THE COMPENSATION TO BE PAID PBS&J for providing the requested services shall be (If additional pages are necessary, they are identified as Attachment B): D Direct personnel expense plus a surcharge of %, plus reimbursable costs" D A Lump-Sum charge of $ $ , plus out-of-pocket expenses" o Unit CostlTime Charges identified in Attachment B, plus reimbursable costs.· D Other -See Attachment B. * See explanation under Item 5 below. 4. IF PBS&J's SERVICES UNDER THIS AGREEMENT ARE DELAYED for reasons beyond PBS&J's control, the time of performance shall be adjusted appropriately. Except where the services provided are under a continuous service contract for more than one year, if the services under this Agreement are delayed for a period of more than one (1) year from the beginning date (as above provided), the fees shall be subject to renegotiation; any change in such fees shall apply only to the unfinished services as of the effective date of such change. IN WITNESS WHEREOF. this Agreement is accepted on the date written above and subject to the terms and conditions set forth above. CLIENT: Town of Addison SIGNED: ______________________________________ TYPED NAME: Michael Murphy (SIGN WITH BALL POINT PEN) , INC. TITLE: Director of Public Works TITLE: Senior Vice President DATE: ___________________________________ DATE: 1/"i(03 Distribution: Copy 1 􀁾􀀠PBS&J; Copy 2 -CHent; Copy 3:. PBS&J Accuunt!ng .> Public Cltent Rev. 10100 5. COMPENSATION: Direct personnel expense shan be defined as: the cost of salaries and fringe benefit cos\$: related to vacation, holiday. and sick leave pay; contfibutions for BOOel Security, Workers' Compensation Insurance, retirement benefrts, and medica! and lnsurance benefits; unemployment and payroll taxes; and other allOWed benefits of thOse employees directly engaged In the performance of the requested service, Reimbursable COSls include: fees of Professional Associates (WhOse expertise is requIred 1(1 complete!he project) and (lut-of-pocket expenses, the cost of which shall be charged at actual cost$: plus an administrative charge of 18% and shall be itemized and included in the invoice. Typical out·of·pocket expenses shall include, but not be limited to, travel expenses (lodging, meals, etc.}, job-related mileage at the prevailing Company rate, long distance telephone calls, courier, printing and reproduction costs, and survey supplies and materials. In Ihe event the requested service involves the use of electronic measuring equipFMnl, compulers, plotteIS, and other speclal equipment such as boats, swamp buggIes, ele., an 􀁡􀁤􀁤􀁾􀁬􀁯􀁮􀁡􀁬􀀠dlract charge shall be made for tha use of this equipment. It is undenHood and agreed Ihat F'BS&J's services under this Agreemenl are limited to those described in Item 2 hereof {and Attachment A, if applicable) and do not include partiCipation In or control over the opNa1ion of any aspect of Ihe project Compensallon under this Agreement does not Include any amount for particlpaling in or controlling any such operation. 6. INVOICE PROCEDURES AND pAYMENT: PBS&J Shall submit Invoices to the Client for work accomplished during each calendarmonfh. For services provided on a lump Sum basls, the emOunt of each monihly invoice shall be determIned on (he 􀁾􀁰􀁥􀁲􀁣􀁥􀁮􀁴􀁡􀁧􀁥􀀠of completion method" whereby PSS&J will estimate the percentage of tho total work (provided on a Lump Sum basIs} accomplished during the Invoicing period. Monthly invoices: shall include, separalely listed, any charges for services for which lime chaf!}eS and/or unit costs shall apply. Such invok7es shall also Include. separately listed, eny >Charges for Professional AsSOCiates and relmbursab!e casts. Such Invo!ces shall be submitted by P8S&J as soon as pos;slb!e after the end of the month in Which the work was accomplished end shall bo due end payab!e by the aient upon receipt Tho Cllenl, as owner or authori2:ed agent for tha owner. hereby agrees that payment as provided herain will be made for said work within 30 days from the date the fnvolce for same Is mailed to (he Client at the address set out herein or is otherwise delivered. and, in default of such payment, hereby agrees to pay all costs of collection, Including reasonable attorney's fees, regardless of whelher legal action is Initiated. The Client hereby acknowledges that unpaid Invoices shaH accrue interest at the maximum retailed by law after they have been outstanding for over 30 days. PBW reserves the right to suspend all services on the Cilenl's project without naice if an Invoice remains unpaid 45 days after date of Invoice. This suspension shall remain in effcd untif all unpaid invoices are patd In full. It is understOOd and agreed Ihat PBS&J's services under this Agreement do I'IOt Include parUclpatioo, whalSoever, In any IltigaUon. Should such services be required, a supplemental Agreement may be negotiated between the CHent and PBS&J describing the services deslrad and providing a basis for compensation to PBS&J. 7. COST ESTIMATES: Client hereby acknowledges that PBS&J cannot werrentlhat any cost estimates provided by PBS&J will not vary from actual costs lncuued by the Client. 8.. LIMIT OF LIABILITY: The limit of liability of PBS&J to the Client for any cause or combination of calJSes shaH be, In total amounf, limited to the fees paid under this Agreement. 9. CONSTRUCTION SERVICES: If, under this Agreement proresslonal services ate provided during the construction phase of the project. PBS&J shall not be responsible ror or have conltol over means, melhodS, techniques, sequences, or procedures, or for safety precautions and programs in eonnection wilh the Work; nor shall P8S&J be responsible for the Conlractor's failure to carry out the Work in aceordanco with the Contract Documents Offer the Contractor's failure to comply with appli1:able laws, ordinances, rules or regulations. 10. INSURANCE: PBS&J shall at all times cany Workers' Compensatlon lnSUfanca as required by statute; commercial genera! liability Insurance including bodily injury and property damage; automobl'le IfablJJty coverage; and professionallrablllly coverago. Insurance certifica!es will be provided to the Client upon request Client agrees to require that PBS&J be named as an eddilional insured on insurance coverages provided by contractors on the project. 11. ASSIGNMENT: Neither the Client nor PBS&J will asslgn or transfer lis interest in thiS Agreement wlthoul the written consent of the other. 12. SUSPENSION, TERMINA nON, CANCELLATtoN OR ABANDONMENT: In Ihe event the project described In Attachment A, or the services of PBS&J called for unrlerthls Agreement. Islam suspended, cancelled, terminated or abandoned by the Client, PBS&J shall be gwen seven (7) days prior written notice of such actlon and shall be compensated for the professional servioos proVided up 10 the date of suspension, termination, cancellation or abandonment in accardance with the provisions of this Agreement for all woO;: performed up to the date of suspension, termination, cancellation or ebandonment. including reimbursable expenses. 13. ENTIRETY OF AGREEMENT: This writing, including attachtnenl$ and addenda, Ifany, embodlos the entire agreement and understanding between the parties hereto. and there are no olher agreements end underslandlngs, oral orwtitten, with reference to the subject matter hereof that are not merged hGrein and superseded hereby. No alteration, i!hange or modlflcaoon of the larms of this Agreement shall be valid un!ess made in wrmng signed by both parties hereto. 14. DOCUMENTS: Any reuse by the client or others ofdocuments and plans that resull from PBS&J's services under this agreement shall be at the Client's or others' sole risk without liablUty to PBS&J. 15. WAIVER: Any failure by P8S&J to require strict compliance wilh any prov>sion of (his contract s;hal! not be construed as a waiver of Sl.I(;h provision, and PBS&J may subsequently reqvlre strict. eompllence at any time, notwithstanding any prior failure to do so. 18. DISPUTE RESOLUnON: It a dlspvte arises out of or reletes to this Agreement Or the breach thereof, the parties will attempt to settle the matter between Ihemsalvos. If no agreement can be reached the parties agree to use mediation with a mutually agreed upon mediel.or before resorting to a judicial forum. The cost of a third party mediator will be shared aqvally by the parties. In the event of litigation, the prevailing party will be entllied to reimbursement of all reasonable cosls and attorneys' fees, The parties mutually agree that a similar dispute resolution clause will be contained in all other coolracts executed by Clfent COIlcerning or (elated to this contract and all subcontracts exeOOled by PBS&J. 17. HAZAROOUS WASTE, MATERIALS OR SUBSTANCES: Unless olherwise specifically provided in this Agreement, PBS&J shall not be responsible for or have control over the discovery, presenco, handrfflg, removal, transport or disposal of hazardous waste, materials or substances in any form on the project site. 18. GOVERNING LAW: this Agreement shall be govorned by and construed accarding 10 the laws of the State where the situs of (he work. is located. 19. LIMITED COPYRIGHT LICENSE: PBS&J grants Client a paid-up, non-transferable. non-exclusive license to make or have made copies of any copyrightable materials delivered under this Agreement and specffically marked by PBS&J as 􀁾􀁒􀁥􀁰􀁲􀁯􀁤􀁵􀁣􀁴􀁫􀁭􀀠AuthorlzedH • 20. INTElLECTUAl. PROPERTY; WIth the sofe exception of specifically marked reproducible malerlals subject !(lihe limited Copyright License betein, an worldwide right, lille and Interest in and to any and all Intellectual Property ooru;aived, i!Wanted, authored or othefWise made by or On thIs Agreement shall remain the sole and exclusive property 0'1 PBS&J, Its successors and asslgns unless licensed: or aSSigned by PBS&J pursuant to a separate written Instrumen!. The term 􀁾􀁉􀁮􀁬􀁥􀁬􀁬􀁥􀁣􀁴􀁵􀁡􀁬􀀠Property shaH be construed broadiy to Include all forms of Intellectual property including without limitation all inventions, disoownes, designs, plans, improvements, trademarks. service marks and ropylighls in drawings, computer programs, al"Ghilec!.uraP workS and in all other original works of euthol'Ship. 􀁁􀁔􀁔􀁁􀁃􀁈􀁍􀁅􀁎􀁔􀁾􀀠Scope of Services ATIACHMENT B-Compens!ltion ADDENDA A flfrequ 􀀾􀁾􀁶􀁾 70 LotiL 􀁾 -r1JE tJ-rrA c.#>[;;"p 􀁾 v?p/f:MG/'-I-¢r/􀁾􀁅􀁁􀁉􀁾 AAiD 7 HGJIJ r/J.(;;;:' "3 ()F b S I::JIj c..u tS.s-􀁾􀁾􀁅 fA/€ S,q.Jo OVElZ-7b 0 0" 􀁁􀀭􀀭􀁲􀁾􀁎􀁾 .":;". · \ · 􀀢􀀧􀁉􀀬􀁾...... l 􀁾􀁉 RESOLUTION NO. R02·045 A RESOLUTION BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A MASTER INTERLOCAL AGREEMENT WITH THE COUNTY OF DALLAS, TEXAS FOR TRANSPORTATION IMPROVEMENTS. WHEREAS, in FY2000 the Dallas County Commissioners Court replaced its traditional bond financing approach to funding infrastructure improvements with a programmed Major Capital Improvement Program; and, WHEREAS, this program is implemented by issuing an annual countywide call for projects to identify and fund needed roadway improvements within the County; and, WHEREAS, Master Interlocal Agreement will allow the Town to receive certain grants from Dallas County through their Capital Improvement Program; and, WHEREAS, County funding for a portion of construction of the following roadway related improvements in the Town of Addison was established, Arapaho Road, Phase III (Addison. Road to Surveyor Blvd.) 'in the amount of $1,432,812 and Midway Road Signal Improvements (Spring Valley Road to Dooley Road) in the amount of $196,000; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS: THAT, the City Council does hereby authorize the City Manager to enter into' a Master Interlocal Agreement with the County of Dallas, Texas for Transportation Improvements. OFFICE OF THE CITY SECRETARY R02-045 ('., DULY PASSED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS, this the 28th day of May 2002. Mayor ATIEST: City 􀁳􀁥􀁾􀁲􀀭􀀭􀀭􀀭 OFFICE OF THE CITY SECRETARY R02-o45 -..... -.. :. :._: -From the desk of" Gayle Walton Department Secretary 5300 Beh Line Road P.O. Box 9010 Addison, Texas 75001 972/450-7039 Fax 9721450-7043 e-mail: gwalton@ci.addison.DC.us Date: _ ............􀁾􀁦􀀮􀀭􀀮􀀽􀀮􀀮􀁉􀁴􀀮􀁾 _ tl Co/, 􀀢􀁉􀀲􀁵􀁴􀁕􀁤􀁩􀀧􀁾 􀀱􀁻􀁾􀀵􀀱􀀴􀁴 􀁾􀀮􀁴􀁕􀁍􀀮 􀁾􀀮 ?t.w...u NIh -tW-..9 􀁁􀁴􀁊􀁾􀀭􀀭􀀭􀀭􀀭􀀦􀀭􀀭􀀭􀀽􀂥􀁫􀁾􀁟􀁾􀁾 .f.o JI1ickJ.I. 􀁩􀁦􀁊􀁢􀀱􀁾􀀧􀀵 7bfuoiuM. 􀁌􀁾 􀁾 rJAeo4 􀁾􀀩 .J tudJ 􀁾 􀁾 r"" Ck\ .A-4zD,....Ct.6 􀁾 P d bA-d I 􀁾􀁴􀁴􀀴􀁊􀁾􀁾 • 0__ COWLES &THOMPSON A Professional Corporalion ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.672.2144 AWASHINGTON@COWLESTHOMPSON.COM June 11,2002 Mr. W. Bowen Weems Assistant District Attorney Criminal District Attorney's Office Administration Building, 5lh Floor 411 Elm Street, Suite 500 Dallas, TX 75202 RE: Master Agreement Governing Transportation Major Capital Improvement Projects Dear Mr. Weems: Enclosed please find two originals of the Master Agreement Governing Transportation Major Capita] Improvement Projects executed by the Town of Addison, along with a copy of Town of Addison Resolution No. R02-045 authorizing the City Manager to enter into the agreement. Please let me know when this matter is scheduled to be heard by the Commissioners' Court. Also please advise as to the status of your review of the Supplemental Agreement concerning Addison's Arapaho Road Project, which was forwarded to you on May 2, 2002. Is it possible to get this agreement on the same Commissioners' Court docket as the Master Master Agreement? Thank you for your attention to this matter. I look forward to hearing from you soon. 􀀭􀁾 k. 􀁲􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀮􀀭􀀯 Angela K. Washington 0/r AKW/yjr Enclosures c: (w/o Encls.) Mr. Mike Murphy, Town of Addison Mr. Jim Pierce, Town of Addison Mr. Steve 􀁃􀁨􀁵􀁴􀁣􀁨􀁩􀁡􀁮 􀁾 Town of Addison· Mr. Donald 􀁈􀁯􀁬􀁺􀁷􀁡􀁲􀁴􀁨􀁾 Dallas County Director of Public Works Mr. Ken Dippel,City Attorney o ALL A S DocIUllCrlI" 10046J7 T Y L E R qOl MAIN STREET SUITE 4000 OALLAS, TEXAS 75202·37Q3 TEL 214.672.2000 FAX 214.672.2020 WWW.COWLESTHOMPSON.COM ---: --􀁾 . -: ---.:-:.,.-. -􀁾 --STATE OF TEXAS COUNTY OF DALLAS §§§ MASTER AGREEMENT GOVERNING TRANSPORTATlON MAJOR CAPITAL IMPROVEMENT PROJECTS THIS MASTER AGREEMENT is made by and between the Town of Addison, Texas, hereinafter called lielTV", and the County of Dallas, Texas, hereinafter called IICOUNTY", acting by and through its duly authorized officials, which desire to enter into an Interlocal Agreement, hereinafter called MASTER AGREEMENT, for the purpose of Transportation Improvements on roads inside Dallas County that are on the North Central Texas Council of Government's Regional Thoroughfare Plan. WITNESSETH WHEREAS, pursuant to Court Order 2000-2117, dated October 17, 2000, COUNTY Commissioners Court approved participation in Transportation Major Capital Improvement Projects for the Program Years 2004, 2005, and a portion 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 interlocal agreements; NOW THEREFORE, TIDS 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 ofTexas. c) COUNTY shall mean the County of Dallas, State of Texas. d) DIRECT PROJECT & PROGRAM COSTS shall mean those costs that can be identified specifically with. a particular project or program cost objective. These costs generally include compensation of employees for the time devoted and identified specifically to the perfonnance 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 1 carry out the project including, but not limited to, design, right-of-way, road or street drainage, utility relocation and adjustment and construction. Direct Cost does not include either CITY or COUNTY general overhead. e) EFFECTIVE DATE shall mean the date of the signature of the last person necessary for this MASTER AGREEMENT to become effective. f) INDIRECT COSTS shaH mean those costs which have been incurred for common or joint purposes. These costs benefit more than one cost objective and cannot be readily identified with a particular final project or program cost objective without effort disproportionate to the results achieved. g) INTERLOCAL AGREEMENTS shall mean contracts or agreements entered into between CITY and COUNTY in accordance with Texas Government Code Chapter 791. h) LEAD AGENCY shall mean that entity responsible for project management, including, but not limited to planning, design, right-of-way acquisition, approved utility relocation or adjustment and construction. i) MASTER AGREEMENT AGREEMENT shall mean this document including all incorporated documents, attachments, and exhibits. j) MEMORANDUM OF AGREEMENT (MOA) shall mean a written document which incorporates the results of the PREDESIGN CHARRETTE. Said MOA shall at a minimum identify the overall funding scheme, and basic scope of the PROJECT. k) PARCEL OR PARCELS shall mean those tracts of land and improvements located either wholly or partially thereon, identified by COUNTY, CITY or other STAKEHOLDER as required for right-of-way requirements of the PROJECT. Such Right-of-way shall include both the existing street, road, drainage or other CITY or COUNTY real property ownership and all additional real property to be utilized for the PROJECT. 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 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 PROJE(;T. n) PROJECT TEAM shan mean representatives from COUNTY, CITY, and other STAKEHOLDERS as may be mutually agreed upon by COUNTY, CITY and STAKEHOLDER or othenvise with responsibility for delivering the completed PROJECT. 0) PROJECT(S) shall mean the road improvements approved by the COUNTY for inclusion in to the Transportation Major Capital Improvements Program approved by the Commissioners Court and approved by the CITY and/or other applicable STAKEHOLDERS. 2 􀁾􀀮􀁕􀀰􀀷􀁬􀁏 p) q) r) s) t) u) v) ·w) x) y) z) 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, plailters, irrigation, decorative lighting, special signage, or any other feature above and beyond the STANDARD BASIC PROJECT DESIGN or any increase in 􀁣􀁡􀁰􀁡􀁾􀁩􀁴􀁹 in excess ofCOUNTY determined requirements based on anticipated future traffic flow. 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. STANDARD BASIC PROJECT DESIGN shall mean the standard COUNTY-approved CITY criteria for paving, bridges, drainage and appurtenances, traffic control items including pavement 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 AMENITIES. or such design criteria as may be mutually agreed upon in a project specific SUPPLEMENTAL AGREEMENT. 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. STAKEHOLDER shall mean any governmental or quasi-governmental entity making a financial contribution to the PROJECT. TxDOT shall mean the Texas Department of Transportation. 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. 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. UTILITY IN PUBLIC RIGHT-OF-WAY sball 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. UTILITY IN PRIVATELY OWNED RIGHT-OF-WAY shall mean aU UTILITIES, excluding CITY UTILITIES, whose facilities are located within the limits of the PROJECT by virtue of satisfactorily documented pre-existing real property ownership. 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 3 Dc:iclImmt. 9J07IO -.. -..,:. 􀁟􀀮􀁾 􀁾􀀭􀁾 -. -. 􀁾􀀮􀀭 􀀭􀁾 ..-.... --" financed by CITY or UTILITY. Provided, however, that any upgrading necessary to successfully ac.complish 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 without further action by either party unless or until tenninated as provided in Article IV (Tennination) or the expiration of ten (10) years, whichever shall first occur. ARTICLE III. AMENDMENTS This Master Agreement may be amended with the mutual consent of the CITY and COUNTY. Any amendment must be in writing and approved by the parties' respective governing bodies. ARTICLE IV. TERMINATION, DEFAULT, TIME OF THE ESSENCE AND FORCE MAJEURE 1. TERMINATION A. This MASTER AGREEMENT may be tenninated by any of the following conditions: (1) By expiration of tenn of the agreement. (2) By mutual written consent and agreement ofCOUNTY and CITY. (3) By either party, by notice in writing establishing the effective date of tennination to the other party as consequence of the party being in default of the provisions of this Agreement or any SUPPLEMENTAL AGREEMENT or failure to timely provide funding, with proper allowances being made for circumstances beyond the control of the defaulting party. (4) By either party with with ninety (90) 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 tenninated and shall automatically incorporate all the provisions of this MASTER AGREEMENT. C. In the event that any SUPPLEMENTAL AGREEMENT is terminated prior to completion of the PROJECT, no addjtional Costs shan be incurred other than Costs due and payable at the time oftennination for services actually perfonned or that shall become due and payable due to such tennination. The LEAD AGENCY, to the extent pennitted. may tenninate all project contracts, unless written notice is given by either party to the 4 eo.:wne.. 4J07IO other of its intent [0 complete the PROJECT, and prepare a final accounting for the PROJECT. D. If the PROJECT is tenninated 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 o.r other project contracts or agreements. Such amount shall be included in the final accounting for the PROJECT. Such amount shall be due and payable in full ninety (90) days subsequent to the tennination, or thirty (30) 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 infonnation 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 sale 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, infonnation, engineering, studies, or other items produced to the date oftennination. -H. Provisions B through G will survive the tennination of this MASTER AGREEMENT and any SUPPLEMENTAL AGREEMENT and shall be a continuing obligation until the transition of services, alJ payments made and the PROJECTS are complete. AI[ 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 t 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 s DocurnaIt. 9J07IQ delay in performance to the other party within ten (10) days of the knowledge of such occurrence. 􀁾􀁡􀁣􀁨 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 perfonnance 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. Holzwartht P.E., Director 411 Elm Street, Suite 400 Dallast 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 ofnotice by giving written notice of such change ofaddress 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. 6 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 (500/0/50%), or as otherwise agreed upon cost sharing arrangement as specified in a SUPPLEMENTAL AGREEMENT with the following exclusions: CITY sball 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 􀁰􀁡􀁶􀁥􀁲􀁳􀁾 colored concrete, planters, decorative lighting, special signage, or any other feature over the STANDARD BASIC PROJECT DESIGN; 3. UTILITY BETTERMENTS and ROAD or STREET AMENITIES. 4. CITY PROJECT TEAM participation or project management (if the CITY has LEAD AGENCY Responsibility) Direct Costs which are not supported by a detailed hourly accounting system; 5. CITY Indirect Costs. When mutual written agreement has been reached as to PROJECT limits by COUNTY and CITY at the Predesign Charrette, CITY agrees to acquire right-of-way required for designated projects by voluntary dedication, the subdivision platting process and/or other legal means, to the maximum extent possible, and to ensure through the building permitting process that 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. [n the event of any proposed use of the PROJECT right-or-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 detennine if the acquisition of the conflicting parcel would be in the best interest of the PROJECT. In the event that agreement is reached and the parcel is acquired such cost shall be included in the pro rated cost of the project in the agreed upon proportions. CITY hereby grants COUNTY authority to enter into eminent domain proceedings within the CITY limits on specific right-or-way alignments 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-ofway 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 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. 7 E. 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. Additional PROJECT cost caused or contributed to by CITY ordinance, zoning, non-conforming use detennination or other requirement shall be paid in full by CITY. Additional PROJECT costs caused or contributed to by adoption of or changes to ordinances or laws made by either party subsequent to execution of the SUPPLEMENTAL AGREEMENT for the PROJECT shall be borne in full by the party making such adoption or change. 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 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 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 storm drainage facilities are in conflict with CITY owned water and sanitary sewer systems, and the storm sewer design cannot be modified, after submission of an acceptable schedule of work and cost estimate by the CITY to the COUNTY and COUNTY approval, the actual costs of the necessary adjustment of CITY water and sewer utilities shall be pro rated at the overall percentage agreed to by CITY and COUNTY for cost sharing. CITY shaH 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. _.H. To provide for continuing surveillance and control of right of way to prevent the construction, placement, storage or encroachment of any signs, personal property or other appurtenances in the right of way. In the event that the aforementioned features are allowed by CITY to encroach on necessary ROW during the duration of the project, CITY shall bear the entire cost of removal or relocation 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 􀁤􀁥􀁶􀁾􀁬􀁯􀁰􀁭􀁥􀁮􀁴 codes), plats, 􀁳􀁰􀁥􀁣􀁩􀁾􀁣􀁡􀁴􀁩􀁯􀁮􀁳􀀬 guidelines, standards or any other pertinent infonnation as detennined 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 CHARRETIE, preconstruction meeting, partnering meetings and 􀁰􀁲􀁯􀁪􀁥􀁾􀁴 team meetings which are necessary to project development/completion and fiduciary relationships. 8 eo.:w-. 930710 K. CITY 􀁡􀁾􀁾􀁥􀁳 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. Prmpleting party upon 􀁴􀁲􀁡􀁮􀁳􀁦􀁥􀁲􀁾 􀁃􀀶􀁭􀁰􀁬􀁥􀁴􀁾􀁧party agrees to "tirilely 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 mtenuption G. Either party shall have the right to retain copies of all data, information, engineering, studies, or other items produced to the date of tef.O?ination. H. Provisions B through G will survive the termination ·of this MASTER AGREElVIENT and any SUPPLElVIENTAL AGREElVIENT and shall be a continuing obligation until the transition of 􀁳􀁥􀁲􀁶􀁩􀁣􀁥􀁳􀁾 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 􀁾􀁯􀁳􀁴 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 􀁰􀁡􀁲􀁴􀁹􀁾􀁳 control and not attributable to its neglect. In the event of such aJ? occurrence the time for performance of such obligations or duty shall be suspended until such time that such inability to, perfonn, shall be removed. The party claiming the suspension shall give notice of such impediment or 5 Docwnenl #: 930780 􀀭􀁾􀀭􀁾􀀭􀀭􀀭􀀭􀁾..... , ----.. ,---..--" . -'.-_.',-.._..--..-------------.-._. -. _.., --.. -... .. ... ., -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.INDEMNIFICATIONCOuNTY and. CITY agree that both COUNTY an9. CITY shall each be respqnsible for their-. own negligent acts or oinissions 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: , 􀁄􀁁􀁾􀁌􀁁􀁓􀁃􀁏􀁕􀁎􀁔􀁙 PUBLIC WORKS Donald R. 􀁈􀁯􀀱􀁺􀁷􀁡􀁲􀁴􀁨􀁾􀀭 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 􀁨􀁾􀁲􀁥􀁴􀁯 'may" 􀁦􀁲􀁾􀁭 ,time to' time' 􀁤􀁥􀁳􀁩􀁾􀁡􀁴􀁥 another' and 􀁤􀁩􀁦􀁦􀁥􀁲􀁾􀁮􀁴 address. for receipt ofnotice by givrng written notice ofslichchange ofaddress to the' other party. '. ARTICLEVTI. 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 􀁓􀁕􀁐􀁐􀁌􀁅􀁅􀁾􀁎􀁔􀁁� � AGREEMENT. 6 Document #; 930780 . 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 AGREEIv.lENT. 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 SUPPLEl\1ENTAL 􀁁􀁇􀁒􀁅􀀻􀁅􀁾􀁎􀁔with 􀁾􀁥􀂷􀁦􀁯􀁬􀁬􀁯􀁷􀁩􀁮􀁧 exclusipns: .. 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 stonn 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 AMENITffiS. 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 W!itten agreement has been reached as to PROJECT limits by COUNTY and CITY.· at the, Predesign Charrette, CITY agrees to acquire' right-of-way 􀁲􀁥􀁱􀁕􀁩􀁲􀁥􀀢􀁾􀀢 for . . designated projects by voiuntaiy dedicatio·n, the subdivisionplattirig 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 􀁾􀁦􀁷􀁡􀁹􀀮 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 􀁾􀁡􀁴􀁥􀁤 cost ofthe project in the agreed upo·n proporti0:ns... .. .. crty hereby grants COUNTY "authoritY to enter into eminent domain proceedings· within the CITY limits on specific right-or-way alignments 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-ofway 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 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 AGREE:MENT. 7 Document #: 930180 E. CITY agrees to fully cooperate on issues relating to billboards, advertising signs, nonconfonning 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 detennination or other requirement shall be paid in full by CITY. Additional PROJECT costs" caused or contributed to by 􀁡􀁾􀁯􀁰􀁴􀁩􀁯􀁮 ofor changes to ordinances or laws 􀁭􀁾􀁤􀁥 ,by either party ..subsequent to execution' of the SUPPLE1yIENTAL AGREEMENT'·for the" PROJECT shall be boine in fun by the party making such adoption or change. 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 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 prqblem resolution wi.th the goal to prevent delays' in the commencement or prosecution of construction on the PROJECT. G. Where new storm drainage 􀁦􀁡􀁣􀁩􀁬􀁩􀁴􀁩􀁾� � 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 􀁾􀁳􀁴􀁩􀁭􀁡􀁴􀁥 by the CITY to the COUNTY and ,COUNTY approval, the actual costs o"f the necessary 􀁡􀁤􀁪􀁵􀁳􀁴􀁭􀁥􀁾􀁴 of CITY water 􀀢􀁾􀀹 s-ewer" 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 fildjust the facility shall be at the entire cost of CITY. , H. To provide for continuing surveillance and control of right of way to" prevent the construction, placement, storage or encroachment of any signs, personal property or other appurtenances in the right ofway. In the event that the 􀁡􀁦􀁯􀁲􀁥􀁭􀁥􀁮􀁴􀁩􀁯􀁮􀁾􀁤 features are allowed by CITY to encroach on necessary ROW during the duration ofthe project, CITY shall bear. the entire 􀁣􀁯􀁾􀁴 ofremoval o! relocation of said encroachment. I. To provide to COUNTY for COUNTY'S or COUNTY'S designee use, at no cost; adequate copies of all construction standards, codes, (specifically including zoning and dev:elopment 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 fwnish COUNTY, at no cost, such docwnents as necessary to keep all items previously furnished to COUNTY current. 1. 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. 8 Doaunent#: 930780 􀁾􀀭􀀭􀀭􀀭􀀢􀀧􀀭􀀢􀀢􀀺􀀢􀀧􀀭􀀧􀀭􀀧---'-----.............'-"----..............􀁟􀀮􀁾__ ..... ,. 􀁾􀁟􀀧..............􀀭􀁟􀀮􀁾􀁟􀀬􀀧􀁟􀀭􀁊 _ ... _...... , .....1".-_•• '_" __ '.__􀁾 •••••-'--__ •. _. _ _ 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 ifno 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 liinited to STREET AMENITIES AND UTILITY' BETTElU4ENTS, 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 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 VIn.. UTILITY IMPACTS A. In cases where a UTILITY IS LOCATED IN A PRNATELY OWNED RIGHT-OFWAY, and it is necessary to relocate the facility or make adjustments by reason of the widening or improvement of the designated proj ect, the COUNTY (or CITY if acting as ,LEAD AGENCy) will, after submission by utility company of right o.fway documentation and cost estimates acceptable to the 'CITY, COUNTY and other 􀁓􀁔􀁁􀁋􀀮􀁅􀁈􀁏􀁌􀁄􀁅􀁒􀁓􀁾assign . the actual costs for the relocation and/or adjustment ofsai4 utility to the PROJEC!. B. In cases where a UTILITY IN PUBLIC RIGHT-OF-WAY, excluding CITY UTllJTIES, 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 a Project Cost. CITY and COUNTY shall use their best efforts and take all steps necessary to insure, that such relocation or adjustment shall not conflict with or delay the PROJECT schedule. 9 Document #: 930780 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, 􀁰􀁲􀁥􀁬􀁾􀁡􀁲􀁹 􀁥􀁾􀁧􀁩􀁮􀁥􀁥􀁲􀁩􀁮􀁧 shall, be submitted to the CITY for approval, prior to' proceeding with the 􀁦􀁩􀁮􀁾 design and any right ofway acquisition. ' '. B. To provide as a PROJECT Cost for the construction of transportation improvements based upon design criteria confonning 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 SUPPLE:MENTAL 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 􀁣􀁯􀁮􀁳􀁾􀁣􀁴􀁩􀁯􀁮􀀮􀀮 CITY and COUNTY may further agree' by 􀁾􀁵􀁴􀁵􀁡􀁬 consent'. to redefine project 􀁭􀁡􀁮􀁡􀁧􀁾􀁮􀁩􀁥􀁮􀁦 roles as beneficial. 􀁴􀁾 the PROJECT as defined in the MOA and SUPPLE:rv.tENTAL AGREEMENTS. E. Upon receipt of written request detailing the information requested, to provide infonnation related to the PROJECT to CITY or CITY'S designee at no cost to the CITY. F. 􀁾􀁏􀁕􀁎􀁔􀁙 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 are approved as submitted. ''Timely review" will be agreed upon during the PREDESIGN CHARRETTE, as part ofthe project schedule. .H.. To provide for the 􀁡􀁣􀁱􀁵􀁩􀁳􀁩􀁴􀁩􀁯􀁮􀁾 inciuding '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 constmction projects. J. To furnish record drawings of construction plans for the pennanent records ofCITY within twelve (12) months upon completion and acceptance of the transportation improvement· PROJECT. 10 . DocunIcnl II: 930780 K. In and for Ten Dollars ($10.00) and other good and valuable consideration, including the future obligation ofmaintenance, operation, control and acceptance of liability therefore to transfer, by QuitClaim Deed, all PROJECT related easements acquired by COUNTY to CITY. . . . L. -In the 􀁾􀁶􀁥􀁮􀁴 􀁃􀁏􀁾􀁔􀁙 and CITY agree in-Writing that CITY will be the 􀁌􀁅􀁾 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 SUPPLE1v.IENTAL AGREE1vIENT. ARTICLEX. 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 proj ect, and proj ect administration and 􀁭􀁡􀁮􀁡􀁧􀁥􀁭􀁥􀁾􀁴 roles, to include the PROJECT MANAGER. Additionally,-key 􀁰􀁲􀁯􀁪􀁥􀁣􀁾 team participants shall be identified at the Predeslgn Charrette.·· . . _. C. At the conclusion of the Predesign Charrette a SUPPLEl\IJENTAL AGREEMENT shall be produced which outlines the identified roles and scope for the Project. ARTICLE XI. FUNDING A. CITY and COUNTY mutually agree to proportionately fund the DIRECT PROJECT & PROGRAM costs as agreed by the parties in a SUPPLEMENTAL AGREEMENT. Unless otherwise specified in the SUPPLEMENTAL AGREEMENT, COUNTY shall bear fifty percent (50%) of the total DIRECT PROJECT & PROGRAM costs excluding the ROAD OR STREET AMENITIES, relocation or adjustment of CITY UTILITIES, UTILITY . BETTERMENT, INDIRECT 􀁃􀁏􀁓􀁔􀁾 'PIRECT COST· not supported ,by ·detailed 􀁨􀁯􀁾􀁬􀁹􀀬 accounting system and. other' items as specified in this -MASTER -AGREE:MENT or... any . SUPPLE:MENTAL 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 AGREEIvIENT. Unless otherwise specified in the SUPPLEIvIENTAL AGREEMENT, CITY shall bear fifty percentage (50%) of all DIRECT PROJECT AND PROGRAM costs. In addition CITY agrees to fund all other CITY cost as provided herein, incJuding, 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 AGREE1\.1ENT or any SUPPLEMENTAL AGREEivIENT. 11 DocmnCllt #: 930780 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) constmction. 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 􀁳􀁵􀁦􀁦􀁩􀁣􀁾􀁥􀁮􀁴 funding available , -from-current revenue for the timely payment of PROJECT _miJestone 􀁣􀁯􀁳􀁴􀁳􀁾 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 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 tennination 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 􀁯􀁾􀁥􀁲 􀁰􀁾 who agrees to pay such funds within thirty (30) days ofreceipt of such billing. . D. If CITY 􀁥􀁬􀁾􀁣􀁴􀁳􀂷 to manage PROJECT; COUNTY viiil 􀁲􀀮􀁥􀁩􀁭􀀮􀁢􀂷􀁵􀁲􀁳􀁾 CITY.based on invoices for: actual costs expended in accordance with COUNTY invoicing policy. E. Upon execution of a 􀁓􀁾􀁐􀁌􀁅􀁍􀁅􀁎􀁔􀁁􀁌 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 tenns and conditi9ns 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 expres,s intention of . CITY and. the COUNTY 􀁾􀁡􀁴 any t:ntity other than CITY·or the COUNTY rec·eivirig seivi $50,000 ofpedestrian (acilities) NO ANY OTHER PERMITS FROM OTHER AGENCIES SUCH AS TXDOT, DFW AIRPQRT, DART ETC.? YES ----=-=X:......-_ 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.? N/A DO UTILITIES OWN THEIR R.O.W. OR HAVE PREVIOUS EASEMENTS? YES HAS WORK ORDER BEEN ISSUED FOR SUE (Subsurface Utility Engineering) ? No 5 Dcxumenl " 998580 ATTACHMENT A Supplemental A2reement to Master A2reement Governing Transportation Major Capital Improvement Projects DESIGN AND CONSTRUCTION CRITERIA PROJECT NAME: Arapaho Road, Phase III ANY UNUSUAL CONSIDERATIONS ? 􀁟􀀮􀀮􀀮􀀮􀀮􀀺􀀮􀁎􀀮􀀮􀀺􀀮􀀮􀀮􀀽􀀽􀁏􀁾 --=-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 FIELD NOTES NEEDED R-O-W PLATS NEEDED RELOCATION ASSISTANCE INVOLVED PARKING/LOSS OF PARKING CONSIDERATIONS HISTORICAL SITE CONSIDERATION 6 DOl:umcl'lI" 99BSBO YES X NO YES X NO YES X NO YES NO X YES X NO YES NO X ATTACHMENT A Supplemental A2reement to Master A2reement Governin2 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 (or Public Works Construction & Town o(Addison Standard Construction Specifications: Addison. AUXILIARY LANES? NO PROVISIONS FOR FUTURE WIDENING? LANDSCAPING? ---=.Y-=E=.S _ NO EXPOSED AGGREGATE DRIVEWAYS, SIDEWALKS? ,,--._----=-:..NO=---_ STAMPED/COLORED CONCRETE? YES IRRlGATION? 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 Documall _ 9Q8S80 􀀮􀁾 1111111111111111111111111111111111111I ATTACHMENT A Supplemental Ai:reement to Master Agreement Governing Transportation Major Capital Improvement Projects DESIGN AND CONSTRUCTION CRITERIA PROJECT NAME: Arapaho Road, Phase III WATER UTILITYRELOC.? Yes SAN. SEWER BETTERMENTS? NO SAN. SEWER RELOC.? NO RETAINING WALLS? Yes (STONE, BLOCKS, GABIONS, PROPRlETARY TYPES) SOD, SEEDING, TOPSOIL?__-=B""""'lo:;..::;c..:..:;.,k.=.; So=d::....;:o;..:..:;n-=a;.:;.:.ll....:;.;;im..:.:,tp;;o.:..r.=.ov.;..;::e=d-=a.:....::re'-=as=.:... DRAINAGE IMPROVEMENTS? Install one storm sewer trunk with laterals crossinf under from opposite 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? HAVE ALL NEIGHBOR GROUPS PROVIDED EARLY INPUT? 8 Do;:wnall" 998580 YES --=X-=----_ NO __ YES N/A NO -- ATTACHMENT A Supplemental A2reement to Master A2reement Governin2 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 fNSPECTION 8TAFF, DOCUMENT ANY AND ALL ISSUES THAT MAY AFFECT PROJECT SCOPE, BUDGET, CONSTRUCTffiILTY, THE PROJECT SCHEDULE AND/OR THE SAFETY OF PROJECT? N/A 9 Dacwncrll': 998580 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 II/III. 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 of the Technically Proposed Alignment is attached to this Resolution; nOW. therefore, BE IT RESOLVED BY THE CllY COUNCIL OF THE TOWN OF ADD\SON, 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: 􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀽􀀽􀁌􀀺􀁾􀁾􀁉􀁾􀀭􀀬􀀭􀀭􀀭􀀭􀁜􀁻 City Secretary OFFICE OF THE CITY SECRETARY R99-039 ATTACHMENT B I I II ).5 "0 Ql: 􀁉􀁾 􀁾 0 s 􀁾 ,'2-:-'§ .tr II c.. 􀁾 -----PROPOSED ARAPAHO ROAD EXTENSION ARAPAHO ROAD PHASE I ( UNDER CONSTRUCTION ) PROPOSED ARAPAHO ROAD EXTENSION' FFICE OF THE CITY SECRETARY R99-039 _ _. __ ._ 􀁾􀀮􀁾􀀮 0---.. 0 -_ --"'.' DATE SUBMlTTED: Novemberl8, 2002 FOR 􀁃􀁏􀁕􀁎􀁃􀁾MEETING: November 26, 2002 Council Agenda Item: _ SUMMARY: This item is to request Council approval to enter into a Supplemental Agreement to the Master Interlocal Agreement with Dallas County governing Transportation Major Capital Improvement Projects for the purpose of Transportation Improvements on Arapaho Road. FINANCIAL IMPACT: Approval ofthe Supplemental Agreement to the Master Interlocal Agreement will allow the Town to receive a grant for improvements on Arapaho Road, in the amount of $1,432.812.00, from Dallas County through their Capital Improvement Program. BACKGROUND: In Fiscal Year 2000, the Dallas County Commissioners Court replaced its traditional bond financing approach to funding infrastructure improvements with a programmed Major Capital Improvement Program. This Program is implemented by issuing an annual countywide call for projects to identify and fund needed roadway improvements within the County, with local governments submitting candidate projects for potential selection and funding. The Town of Addison submitted a total ofsix projects. Pursuant to Court Order 2000-2117, dated October 17, 2000, Dallas County Commissioners Court approved certain projects for inclusion in Program Years 2004, 2005, and 2006 ofthe Transportation Major Capital Improvement Program. County funding for a portion of construction ofthe following roadway related improvements in the Town of Addison was established: Project Amount Arapaho Road, Phase III (Addison Rd. to Surveyor Blvd.) Midway Rd. Signal Improvements (Spring VaHey Rd. to Dooley) $1,432,812 196,000 Funds for Midway Rd. and Arapaho Rd. are available to the Town ofAddison in Fiscal Years 2005 & 2007, respectively. The remaining cost for Midway Road signal upgrade will be funded from the North Central Texas Council of Government's Congestion Mitigation and Air Quality Improvement and Surface Transportation/Metropolitan Mobility Grant Program. The remaining cost ofconstruction ofthe third phase of Arapaho Rd. will be funded from the Town's General Obligation Bond Program. 111111111111111111111111111111111111111111111111111I A Master Agreement was prepared between the Town of Addison and Dallas County, and approved by both parties, which provides the basis for cost participation in the approved roadway improvements. This agreement also established 􀁤􀁥􀁳􀁩􀁧􀁾 utility relocation, and construction responsibilities of each party. Subsequent to approval ofthe Master Agreement by the Town and Dallas County Commissioners Court, a Supplemental Agreement (see attached supplemental agreement) was prepared for the proposed Arapaho Road improvements project, and must be approved by each party. This agreement establishes project specific design guidelines, as well as contractual rights and responsibilities, for the Arapaho Road improvements project (see attached resolution). RECOMMENDATION: Staffrecommends Council authorize the City Manager to enter into a Supplemental Agreement to the Master Interlocal Agreement with Dallas County governing Transportation Major Capital Improvement Projects for the purpose of Transportation Improvements on Arapaho Road. TOWN OF ADDISON, TEXAS RESOLUTION NO. 􀁒􀁾 _ A RESOLUTON OF TIlE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A SUPPLEMENTAL AGREEMENT TO THE MASTER INTERLOCAL AGREEMENT WITH DALLAS COUNTY GOVERNING TRANSPORTATION MAJOR CAPITAL IMPROVEMENT PROJECTS FOR THE PURPOSE OF TRANSPORTATION IMPROVEMENTS ON ARAPAHO ROAD. WHEREAS, on July 30, 2002, the Town of Addison and the County of Dallas entered into a Master Interlocal Agreement for Transportation Improvements which allows the Town to receive certain grants from Dallas County through its Capital Improvements Program; and WHEREAS, the Master Interlocal Agreement provides for supplemental agreements to establish the contractual rights and responsibilities of the Town and the County as it relates to road improvements approved by the Town and approved by the County for inclusion in its Transportation Major Capital Improvements Program; and WHEREAS, transportation improvements on Arapaho Road from Addison Road to Surveyor Boulevard have been approved by the Town and approved by the Commissioners Court of the County for inclusion in its Transportation Major Capital Improvements Program; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS: Section 1. That the City Council does hereby authorize the City Manager to enter into a Supplemental Agreement to the Master Interlocal Agreement with the County of Dallas, Texas for the purpose of transportation improvements on Arapaho Road from Addison Road to Surveyor Boulevard. Section 2. That this Resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the Town of Addison this 26th day of November 2002. Mayor ATTEST: Carmen Moran, City Secretary 􀁾􀁚􀀺􀀻􀁓 TO FORM: KenC. 􀁄􀁩􀁐􀁰􀁥􀁬􀀧􀁾 Documcnlll: 1027256 .; '\ 11111111111111111111111111111111111111111111111111111I 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 TRANSPORTATION MAJOR CAPITAL IMPROVEMENT PROJECTS ("MASTER AGREEMENT") is made by and between the Town of 􀁁􀁤􀁤􀁩􀁳􀁯􀁾 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 ofGovemment's Regional Thoroughfare Plan. Article I. INCORPORATED DOCUMENTS This SUPPLEMENTAL AGREEMENT incorporates the MASTER AGREE1vIENT authorized by Court Order No. 2002-1375 dated July 30, 2002 and ATTACHMENT A, Design and Construction Criteria, as if each was reproduced herein word for word. These documents together define the scope ofthe project with an agreed upon preliminary alignment. The MEMORANDUM OF AGREEMENT was waived by the parties at the Pre-design Charrette held for this project on October 3, 2001. As agreed by the parties at said Charrette, the Design and Construction Criteria (ATTACHMENT A) was prepared in lieu of the :MEMORANDUM OF AGREE:MENT and said Criteria is hereby approved by COUNTY and agreed upon by the parties. Article ll. EFFECTIVE DATE TIllS SUPPLEMENTAL AGREEMENT BECOMES EFFECTIVE WHEN SIGNED BY THE LAST PARTY WHOSE SIGNING MAKES THE RESPECTIVE AGREEMENT FULLY EXECUTED (THE ''EFFECTIVE DATE"). Article III. A. B. C. D. THE PARTIES COVENANT AND AGREE AS FOLLOWS: CITY shall provide project management of the Project as designated LEAD AGENCY from commencement ofplanning to completion of construction. 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 AGREElvIENT. CITY shall, and does hereby provide City Council Resolution No. R99-039 (ATTACHMENT B), adopting the approved preferred alignment for the project. CITY shall pay for initial professional services required for scoping, preliminary and primary design, such funds to be reimbursed pursuant to the MASTER AGREElv1ENT. 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. SUPPLEMENTAL AGREEMENTFOR ARAPAHOROAD PROJECT Page 10/2 The Town of Addison, State of Texas, has 􀁥􀁾􀁥􀁣􀁵􀁴􀁥􀁤 this Agreement pursuant to duly authorized City Council Resolution 􀁾 Minutes dated the day of , 2002. The County of Dallas, State of 􀁔􀁥􀁸􀁡􀁳􀁾 has executed this Agreement pursuant to Commissioners Court Order Number and passed on the day of , 2002. TOWN OF ADDISON By: _ CITY MANAGER ATTEST: BY:------------CITY SECRETARY DASTOFORM: COUNTY OF DALLAS BY: _ COUNTY JUDGE APPROVED AS TO FORM: Janet R. Ferguson hief, Civil Section alias County District Attorney's Office SUPPLEMENTAL AGREEMENTFOR ARAPAHO ROAD PROJECT Page2of2 ATTACHMENT A Supplemental A2reement to Master A2reement Governing Transportation Major Capital Improvement Projects DESIGN AND CONSTRUCTION CRITERIA PROJECT NAME: Arapaho Road, Phase III Date: April 2002 PAVEMENT AND ALIGNMENT TOPICS PAVEMENT SECTION PAVING DESIGN CRITERIA NCTCOG Standard Specifications for Public Works Construction & Town ofAddison Standard Construction Specifications ROW WIDTH: Existing: _-=-N:.:..:./A..:....-_ Proposed: _8;:::;..;:O;....'-----'T"-'v__ p.:....-._ PAVEMENT WIDTH: Existing: NIA Proposed:. 2 -22 ' No. of lanes proposed: __􀀴􀁾􀁟 PARKWAY: Proposed Width varies Proposed Sidewalk Width 4 ' Minimum Parkway cross faJI 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 MINIMUM MAXIMUM Doc:umall JI' 99858Q 114 inlft 118 inlO 114 inlO ATTACHMENT A Supplemental 􀁁􀁾􀁲􀁥􀁥􀁭􀁥􀁮􀁴 to Master A2reement Governine Transportation Major Capital Improvement Projects DESIGN AND CONSTRUCTION CRITERIA PROJECT NAME: Arapaho Road, Phase III VERTICAL GRADE: MINIMUM MAXIMUM 0.5% 6% CENTERLINE ALIGNMENT POSITION: IN CENTER OF EXISTING ROW? N/A OFFSET FROM CENTER N/A ON BRAND NEW ALIGNMENT? YES CRASH CUSHIONS /ATTENTUATORS rNVOLVED YES _ NO X RAILROAD CROSSINGS INVOLVED YES-=-=X'---_ NO _ NOTE: IF CURRENT CROSSING IS NOT USED, IS ABANDONMENT AN OPTION? YES---NO ----=-=-X__ 2 Documenl" 9'98$80 ATTACHMENT A Supplemental A2reement to Master Aereement Governin2 Transportation Major Capital Improvement Projects DESIGN AND CONSTRUCTION CRITERIA PROJECT NAME: Arapaho Road, Phase III PAVEMENT STRUCTURE DESIGN WHEEL LOAD 2.700.000 Equivalent 18,000 lb single axle loads BUS AND HEAVY TRUCK TRAFFIC YES _--=-X=----__ NO ROADWAY CLASSIFICATION MINIMUM PAVEMENT STRUCTURE THICKNESS: 8 JJ 'MINIMUM PAVEMENT BASE OR SUBGRADE THICKNESS: 6" Of' DESIGN SPEED . POSTED SPEED MEDIANS MEDIAN WIDTH 45 MPH 40 MPH 15' (F -FJ ANY MID BLOCK OPENINGS TO CONSIDER? ". YES --:X:..::......-_ NO ANY SIDE STREETS TOO CLOSE FOR OPENING? YES__ NO X STANDARD TURN LANE WIDTH JI ' STANDARD NOSE WIDTH 5 ' 3 DocLlmClll" 998580 ATTACHMENT A Supplemental A2reement to Master Al:reement Governinl: Transportation Major Capital Improvement Proj ects DESIGN AND CONSTRUCTION CRITERIA PROJECT NAME: Arapaho Road, Phase III DRIVEWAYS: MAXIMIMUM RESIDENTIAL GRADE N/A MAXIMIMUM COMMERCIAL GRADE 􀀮􀀺􀀮􀀮􀀮􀀮􀀺􀀵􀂰􀁁􀁾􀁯􀁟 MINIMUM COMMERCIAL DRIVEWAY WIDTH 26' B-B SIDE STREET CONSIDERATIONS: TURNING RADIUS, MINIMUM 􀁾 PAVEMENT THICKNESS 6" -8 JJ COMMERCIAL DRlVEWAY rHICKNESS _---=-6_" _ DRAINAGE TOPICS STORM SEWER DESIGN CRITERIA: TxDOT CITY X HYDRO-35 TP-40 INLET DEPTHS (APPROPRIATE FOR PAYEMENT THICKNESS) 4 ' MINIMUM COVER LATERALS BRIDGESIBOX CULVERTS INVOLVED 100 YEAR FLOOD PLAIN CONSIDERATION4 DocumC'llI It. 998580 2', }' YES----=-:X'--_ NO _ ATTACHMENT A Supplemental A2reement to Master Agreement Governin2 Transportation Major Capital Improvement Projects DESIGN AND CONSTRUCTION CRITERIA PROJECT NAME: Arapaho Road, Phase III PERMITS COE 404 PERMITS NEEDED TNRCC 401 PERMIT CDC PERMIT EIS ADA PERMIT YES NO X YES NO X YES NO X YES NO X YES X (If> $50,000 ofpedestrian facilities) NO ANY OTHER PERMITS FROM OTHER AGENCIES SUCH AS 􀁔􀁘􀁄􀁏􀁔􀁾 DFW AIRPQRT, DART ETC.? YES ---=-=X'---_ NO _ UTILITIES LIST OF ALL KNOWN UTILITIES _ . TXUgas and electric AT&T Southwestern Bell DOCUMENT KNOWN RISKS (TRA lines, Transmission 􀁔􀁯􀁷􀁥􀁲􀁳􀁾 Lone Star Gas Valve Stations) FOR OUR UTILITY PARTNERS: ARE UTILITIES ON EXISTING STREET R.O.W.? N/A DO UTILITIES OWN THEIR R.O.W. OR HAVE PREVIOUS EASEMENTS? YES HAS WORK ORDER BEEN ISSUED FOR SUE (Subsurface Utility Engineering) ? No 5 Document II 998580 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 FIELD NOTES NEEDED R-O-W PLATS NEEDED RELOCATION ASSISTANCE INVOLVED PARKINGILOSS OF PARKING CONSIDERATIONS HISTORICAL SITE CONSIDERATION 6 Document' 998580 YES X NO YES X NO YES X NO YES NO X YES X NO YES NO X ATTACHMENT A Supplemental A2reement 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 (or Public Works Construction & Town ofAddison Standard Construction Specifications: Addison. AUXILIARY LANES? NO PROVISIONS FOR FUTURE WIDENING? LANDSCAPING? 􀀭􀀭􀀭􀀭􀀺􀀺􀁙􀀮􀀮􀀺􀀺􀀺􀀺􀀺􀁅􀁾􀁓 _ NO EXPOSED AGGREGATE DRIVEWA􀁙􀁓􀁾 SIDEWALKS?:....._----:.. :..N=-O_ STAMPED/COLORED CONCRETE? YES IRRIGATION? YES. BRICK PAVERS? YES STREET LIGHTING? YES TRAFFIC SIGNALS? Yes PAVEMENT MARKlNGS? 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 Docum(lll /I 998S80 􀀮􀁾 11111111111111111111111111111111111111111111111111111111111111111111I ATTACHMENT A Supplemental Al:reement to Master Al:reement Governing Transportation Major Capital Improvement Projects DESIGN AND CONSTRUCTION CRITERIA PROJECT NAME: Arapaho Road, Phase III WATER UTILITY RELOC.? Yes SAN. SEWER BETTERMENTS? NO SAN. SEWER RELOC.? NO RETAINING WALLS? Yes (STONE, BLOCKS, G.ABIONS, PROPRIETARY TYPES) SOD, SEEDING􀁾 TOPSOIL?__􀀭􀀽􀁂􀁾􀁬􀁯􀁾􀁣􀁾􀁫􀀮􀀽􀀮􀀻� �􀁯􀀽􀁤􀀺􀀮􀀮􀀺􀁯􀀺􀀮􀀺􀀮􀀺􀁮􀀻􀀮􀀮􀀻􀀺􀀺􀁡􀁾􀁬􀀮􀀮􀀺􀀮􀀺􀁩􀁭􀁾􀁰􀀻􀀺􀀺􀀮􀀺􀀮􀁲􀁾􀁯􀀮􀀺􀀮􀀻􀀺􀁶􀁥􀁾􀁤􀀭􀀽􀁡􀀮􀀻􀀮􀀮􀀻􀀺􀁲􀁥􀀺􀀻􀀮􀀺􀀻􀀻􀁡􀀮􀀺􀀮􀀻􀀮􀁳􀀮 DRAINAGE IMPROVEMENTS? Install one storm sewer trunk with laterals crossinf under from opposite side inlets. Also, utilize velocity dissipaters at outfall end ofthe two cross-drain 9' x 5 '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 REQUIRlNG 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? HAVE ALL NEIGHBOR GROUPS PROVIDED EARLY INPUT? 8 Docwnall' 􀁾􀀸􀁓􀀸􀁑 YES --=X-=---_ NO __ YES N/A NO -- ATTACHMENT A Supplemental A2reement to Master A2reement 􀁇􀁯􀁶􀁥􀁲􀁮􀁩􀁮􀁾 Transportation Major Capital Improvement Projects DESIGN AND CONSTRUCTION CRITERIA PROJECT NAME: Arapaho Road, Phase III NEIGHBORHOOD MEETING, REQUIRED YES N/A 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, CONSTRUCTIBILTY, THE PROJECT SCHEDULE AND/OR ·f 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 AL1GNMENT 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 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. ·it OFFICE OF THE CllY 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:􀁌􀁾􀁉􀁖􀁾􀁾􀁜􀁻 City Secretary OFFICE OF THE CITY SECRETARY R99-039 ATTACHMENT B I I " "0 􀁾 Ii' I 􀁾 0 g ClI:. ,:I :I '0 .11 il et ! -----PROPOSED 􀁾􀁒􀁁􀁐􀁁􀁈􀁏 ROAD EXTENSION ARAPAHO ROAD PHASe: I ( UNDER CONSTRUCTION ) PROPOSED ARAPAHO ROAD EXTENSION 􀁾􀁆􀁉􀁃􀁅 OF THE CITY SECRETARY R99-039 COWLES &THOMPSON A Professional Corporation ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.672.2144 AWASHINGTON@COWLESTHOMPSON.COM November 7, 2002 Mr. Steve Chutchian Assistant City Engineer Town of Addison P.O. Box 9010 Addison, TX 75001-9010 RE: Supplemental Agreement to Master Interlocal Agreement with Dallas County Governing Transportation Major Capital Improvement Projects Dear Steve: As we discussed, enclosed is a resolution authorizing the City Manager to enter into the supplemental agreement to the Master Interlocal Agreement with Dallas County for the purpose of transportation improvements on Arapaho Road. Once this resolution has been approved by the Council, the resolution number and date should be inserted into the agreement (which is also enclosed) and it should be executed by the City Manager and forwarded back to the County for consideration by the Commissioners COllrt. As you wilJ note, the agreement has been approved as to form by Ken Dippel. If you have any questions, please give me a call. AKW/yjr Enclosures c: Mr. Kenneth C. Dippel, w/finn o ALL A S Oocumenl t/: 1027287 T Y L E R 901 MAIN STREET SUITE 4000 DALLAS, TEXAS 75202-3793 TEL 214.672.2000 FAX 214.672.2020 WWW.COWLESTHOMPSON.COM COWLES &THOMPSON A Professional Corporation ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.672.2144 AWASHINGTON@COWLESTHOMPSON.COM June 3,2002 Mr. Steve Chutchian Assistant City Engineer Town of Addison P.O. Box 9010 Addison, TX 75001-9010 RE: Master Agreement Governing Transportation Major Capital Improvement Projects Dear Steve: As we discussed, enclosed for execution by the Town of Addison are two approved originals of the Master Transportation Agreement with Dallas County. Once executed, these agreements, along with the associated council resolution and minutes, must be forwarded to Dallas County. If you have any questions, please give me a call. AKW/yjr Enclosures c: Mr. Ken C. Dippel, City Attorney (w/o Enclosure) D ALL A S Documcm II' 1003390 T Y l E R 901 MAIN STREET SUITE 4000 DALLAS} TEXAS 75202-3793 TEL 214.672.2000 FAX 214.672.2020 WWW.COWLESTHOMPSON.COM Steve Chutchian From: Sent: To: SUbject: Alberta Robinson [ARobinson@dallascounty.org] Tuesday, November 12, 200210:49 AM SChutchian@ciaddison.tx.us Arapho Road Bid Schedule Thanks so much Steven for the information. We will be looking at this closely and may consider it for projects that may impact commercial and business areas. Thanks again. ABR 1 Steve Chutchian To: Cc: Subject: awashington@cowlesthompson.com Jim Pierce; jhill@cowlesthompson.com Supplemental Agreement/Dallas County Angela -we met with the Dallas County Public Works Dept. staff today, and agreed to sign the Supplemental Agreement, with two changes: a. Sheet # 8 -where it asks if we have held neighborhood meetings, we need to check yes, instead of no. b. Sheet # 5 -Add Dallas Water Utilities to the list of known affected utilities. If you can send these revised sheets, with the original signed copy that I mailed to you, we will gel the City Manager to sign the originals. Thanks. Steve C. 1 11111111111111111111111111111111111111111111111111111111111111111111111 DALLAS COUNTY PUBLIC WORKS CAPITAL IMPROVEMENT PROGRAM 5 PHASE PROJECT DELIVERY SYSTEM October 13, 2000 PHASE 1 --PLANNING & PRELIMINARY DESIGN STEP ONE, PROJECT DEFINITION • A start with analysis that precedes selection ofprojects for County's CIP for a given Program Year. Analysis will include risk assessments from various perspectives -political, Right of Way, utilities, technical, funding, safety, environmental, and traffic factors. • After PY selections are made, Initial Interlocal Agreement (ILA) is coordinated and signed between Cities, County and any other stakeholders. The goal will be to include city partners who are totally committed to the projects they submit, and are willing and able to be cost sharing partners in all phases, to include design, whenever feasible. We will also explore roles for each stakeholder all focused on assuring timely project delivery. We will clearly define Project Management and total team responsibilities. We intend to use Partnering Principles of Trust, Commitment, and Shared Vision throughout the life ofthe project. • A Pre-design Charrette may be planned and executed executed with all stakeholders (Cities, utilities, County, any private parties or other decision-makers), dependent upon project complexity and number ofunknowns. This will include an orientation walk-tbru ofthe project site, which includes right ofway assessment. We will highlight specific City zoning and other ROW requirements. • An initial contract will be signed with the best qualified consultant to either perform the entire preliminary design, or participate in Phase 1 as a liaison etc. If signed before the Charrette, the consultant will participate in that event. PHASE 1 --PLANNING & PRELLMINARY DESIGN STEP TWO, PRELIMINARY DESIGN • Decision on use of Subsurface Utility Engineering (SUE) will be made after the Charrette, before initiating design. SUE determination should take funding sources into account. Hopefully our partners, including utilities, will be willing to participate. This information will be critical for designers to use as they launch the design. • County, city, or joint team of in-house designers or selected AlE fmn begins initial design. Objective is to resolve all alignment issues, in close partnership with all stakeholders. Preliminary surveying'requires estimating centerline and ascertaining existing ROW. County PM and Inspectors will assure an effective Constructibility Review is completed. In most projects a consultant will be brought in as early as possible in Phase I with the possibility for an amendment to the contract after concept design is complete. City partners will be involved in the selection process. The decision to amend the contract for completion of the Primary Design will be made after an interim evaluation is completed using the County's consultant evaluation system. • Phase 1 ends with approved preliminary alignment and profile and preliminary sizing of bridges and drainage structures along with SUE determination. Preliminary environmental or permitting investigations will have begun. Basically the level ofeffort will approximate that required of the Preliminary Schematic and Environmental Assessment Phase that currently is required on the STPIMM projects. PHASE 2 --PRIMARY DESIGN • Negotiation of amendment to contract with consulta,nt for Primary Design is the initial task, with Scope ofWork now well defmed by all Phase 1 effort and includes geo tech, utility analysis or SUE early in the process. Part of negotiations includes defmitive delivery dates for various phases and reVIews. • Consultant works closely with all stakeholders --under the guidance and direction ofthe County PM, in a partnering mode. Any available internet-based Project Management tools, including extranets, will be used to optimal effect during the life ofthe project. • Constructibility reviews will be incorporated at key points during design. • Environmental analyses and neighborhood public workshops are to be included during this phase. • Traffic and Utilities data will be considered in design, with data from partner city, County, NCTCOG, or consultant. Agreed upon level ofS.D.E. will be key input into design details. • Any required environmental impact analysis will be included in this this phase. Common sense will be used to address significant issues without wasting time on clearly unimportap.t areas. The goal is to execute environmentally sustainable development that improves the overall quality oflife of our joint customers, the transportation users and citizens of Dallas County and the partner city. • Early involvement on ROW issues will be important, and early provision of ROW documents will be a critical milestone ofthe design contract. • PM completes interim evaluation of consultant l' PHASE 3 -DESIGN COMPLETION & RIGHT-OF-WAY INITIATION • Begins with the delivery of the R-O-W documents to the County by the consultant. Standards and scheduling will be clearly spelled out in writing within Consultant's contract. County or City ROW functional manager works to assure efficient execution ofROW planning and execution services, as part of the Project Matrix Team. This includes management of ROW Services IDIQ contract, if this delivery tool is used. • County or City Project Manager monitors and tracks progress. Resolves issues as they develop, keeping all stakeholders in the net, using e-tools and networking. Any available internet-based Project Management tools, including extranets, will be used to optimal effect during the life ofthe proj ect. • ROW acquisition begins, using in-house or ROW consultant on IDQ contract. PM works closely with ROW functional people to assure all acquisition activities stay on track, issues are brought to conclusion, logical design changes are made, etc. PM uses Matrix Team and assures appropriate leadership required to assure project delivery dates are met. • County decides, in consultation with other stakeholders, the packaging of the construction contract (early enough to preclude re-work by consultant). • Consultant to make minor changes resulting from property owner requests. • Design consultant completes work on provided schedule, however, in rare instances may be asked for expert testimony at Eminent Domain hearings. • County and Partners evaluate Consultant using standard evaluation. system. Consultant is given opportunity to evaluate Countys project management process, also. PHASE 4 -RQW & Utility Adjustment • ROW acquisition is carried to completion. • We will use partnering principles as well as results ofS.V.E. to assure utility adjustments are accomplished in time to keep scheduled project advertisement and contract award dates. • County or City Project Manager tracks and resolves issues and work and schedules, using Matrix Team. • All work is done to prepare project for letting (Ready to Advertise). • City works as part ofMatrix Team to expedite utility relocations. • Consultant may be kept on call for unique projects or if required to complete requested Engineering During Construction (EDe) services, such as shop drawing submittal review. PHASE 5 --CONSTRUCTION • Project is advertised and bids opened. • Final Supplemental City County Agreement is completed with each Partner giving approval of final funding on a timely basis. • Construction contract is awarded and notice to proceed is given. • Partnering & pre-construction meeting scheduled, planned, and 􀁥􀁸􀁾􀁣􀁵􀁴􀁥􀁤 with key stakeholders in attendance. • Construction proceeds on schedule with Construction Management services provided by County or city partner. Partnering principles and spirit of Partnering (Trust, Commitment, and Shared Vision) are maintained throughout the project construction phase. • As-builts are provided for ultimate 􀁯􀁷􀁮􀁥􀁾 from marked-Up construction plans. • Project is formally turned over to the City for maintenance. • Evaluations are completed in fmal form on consultant, using interim evaluation results. • Close out project report including lessons learned. These will be captured by using an After Action Review (AAR) session with the entire Project Matrix Team. • Conduct one year follow up inspection in conjunction with all applicable stakeholders 􀁾 -!'-... -.' • 􀁾 _ t 􀀭􀁾 .. --...... -" :.' ':-"-.": ,.:;...... ':.'·'·DALLAS.CO.lJNT·Y ,:. -' ..'. ,,":: ,..' , ...,.--PlJBLICWO:R:KS-i --: MAJOR eAPITAL IMPROVEMENT PROGRAM 5 PHASE PROJECT DELIVERY SYSTEM , , .. ' Developed lInder Public Work's Strategic Plan .. Goal #4, Prepare for the Future Objective 4-.3 -"Reengineer olir design, 􀁒􀁏􀁾 and. construction program and PM processes for"MCIP . .projects" ". :. PHASE 1 --PLANNING & PRELIMINARY DESIGN ,-!.'-, 􀁓􀁔􀁅􀁐􀀮􀁏􀁾􀀢􀁐􀁒􀁏􀁾􀁃􀁔 􀁄􀁾􀁾􀁾􀁲􀁉􀁏􀁎 • •• I • ;-:. 􀀮􀀧􀁾 • • -.'. • A start with analysis that' 􀁰􀁲􀁥􀁾􀁥􀁤􀁥􀁳 selection "of projects 􀁮􀁯􀁭􀁩􀁾􀁾􀁴􀁥􀁤by cities 􀂷􀁦􀁾􀁩 Couritis MCIP for' 􀁾 :..... given Program Year (year in which the project funding is available for construction). Analysis will include risk assessments from various perspectives --political, Right ofWay, utilities, technical, funding, safety, environmental, and traffic factors. • MeIP project selections are approved by Conunissioners Court in a total slate, and each project is assigned to a specific Program Year. An initial "kick-off' 􀁭􀁥􀁥􀁴􀁾􀁧will be scheduled with each city, to go over the projects in their city that have approved funding. An initial decision will be made on which entity (County, City or other entity) is the Lead Agency for project delivery. To launch the entire MeIP program, an initial MeIP Master Agreement) will be developed, using a partnering session with all cities to secure input and buy-in. After development, the Master is coordinated and signed between Cities, County and any other financial stakeholders. The goal will be to include city partners who are totally committed to the projects they submit, and are willing and able to be cost sharing partners in all phases, to include design, whenever feasible. Partnering and Project Management principles 􀁷􀁩􀁾􀁬 be embedded in the document, which will focus primarily on project delivery 􀁾􀁤 not legal jargon. We will also ,explore roles for each"st"akeholder all focused.on . . assuring timely project delivery. . " '. .' .' .' ...'. STEP T\VO, PRELIMINARY DESIGN • Decision on use of Subsurface Utility Engineering (SUE) will be made after the Charrette, before initiating design. SUE determination should take funding sources into account. Hopefully our partners, including utilities, will be willing to participate. This infonnation will be critical for designers to use as they launch the design. A decision decision will be made to use the consultants S.U.E. capability or to use the County's Indefinite Delivery Quantity (IDQ) consultant. • County, city, or joint team of 􀁩􀁮􀁾􀁨􀁯􀁵􀁳􀁥designers begins initial design. Objective is to 􀁲􀁥􀁾􀁯􀁬􀁶􀁥 all alignment issues,Jn close partnership with aU 􀁳􀁴􀁡􀁫􀁥􀁨􀁯􀁬􀁤􀁥􀁲􀁳􀁾 . Preliminary surveying requires estimating centerline and ascertaining existing ROW. CountyPM and Inspe'ctors will assure"an ' effective Constructibility Review is completed at the appropriate time. In most projects a consultant will be brought in for Phase I with an option to renew or extend the consultants contract after concept design is complete. City partners will be invited to participate in the design consultant selection process. The decision to extend the contract will be made after an interim evaluation is completed using the County's consultant evaluation system. • A Pre-Design Charrette maybe planned and executed with all stakeholders including both.political and technical decision makers 􀀨􀁣􀁩􀁴􀁩􀁾􀁳􀀬 utilities, County, any private parties or other decisionmakers). The 􀁰􀁵􀁲􀁰􀁯􀁾􀁥ofthe meeting is· to proVide preliminary design information, receive input on , -􀁩􀁳􀁳􀁵􀁾􀁳􀁊 􀁲􀁾􀁳􀀮􀁯􀁬􀁶􀁾 􀁩􀁾􀀮􀁳􀁵􀁥􀁳 and" then "forge 􀁣􀁾􀁮􀁳􀁥􀁮􀁳􀁵􀁳 􀁯􀁾 􀁾􀁥 preferred 􀁡􀁬􀁾􀁥􀁭􀁡􀁾􀁩􀁶􀁥􀀮􀂷 􀁾􀁩􀁾 aI.lows 􀁾􀁨􀁥 .design to proceed 􀁾􀁤􀁾􀁲􀁥􀁾by cpntroye"rsy or 􀁬􀁡􀁴􀁥􀀢􀀢􀁳􀁴􀁡􀁫􀁾􀁨􀁯􀁬􀁤􀁥􀁾􀀮􀁾􀁰􀁵􀁴􀀮􀀢􀂷􀁬􀀧􀁨 􀁟􀁥􀀮􀀢􀁭􀁥􀁥􀁴􀁩􀁮􀁧􀀢􀀧􀁖􀁩􀁮􀀮􀁢􀁥􀀢􀁦􀁲􀁯􀁾 1.5 to 3 .."· ", hours dependmg upon the complexity and the number of 􀁩􀁳􀁳􀁵􀁾􀁳􀀧to resolve... 'ThIs will mclude aii"· . orientation walk-thro ofthe project site, when this is beneficial. We will highlight specific CitY ' transportation standards, including amenities, landscape architecture, zoning and otherROW requirements. • Phase 1 ends with approved preliminary"alignment and profile and preliminary sizing ofbridges and drainage structure$ along with SUE determination, as well as any required environmental analyses. A Preliminary Design Report will be included as a deliverable for the design consultant.. Preliminary 􀁥􀁮􀁶􀁩􀁲􀁯􀁾􀁥􀁮􀁴􀁡􀁬or·pennitting investigations will have begun. Infonnation on road elevations will be included. The design will be in the range of50% to 60% complete. .. 1/PHASE 2 PRIMARY DESIGN ., 􀀮􀂷􀂷􀁾􀀺􀁎egotiation 􀀨􀀻􀀩􀁦􀀺􀁦􀁩􀁮􀁾􀁬 􀁱􀁯􀁾􀁴􀁲􀁡􀁣􀁾 􀀧􀁷􀁬􀁾 co.nsultant-isJhe iriitial 􀁾􀁾􀁾 ''Yith 􀀮􀁳􀁱􀁯􀁰􀁾 􀀧􀁾􀁦􀁗􀁯􀁴􀀺􀁫 􀁾􀁯􀁷􀀮 '. " • well defined by" all Phas'e 1 e.rfon 􀁾􀁤􀀮􀁭􀁣􀁬􀁵􀁤􀁥􀁳 geo 􀁴􀁥􀁣􀁨􀁾 􀁴􀁩􀁾􀁩􀀮􀁬􀁩􀁴􀁙..􀀸􀁮􀁡􀁬􀁹􀁾􀁩􀁳 􀁯􀁲􀁓􀁾􀂷􀂷􀁥􀁡􀁲􀁬􀁙􀀮􀂷􀀮􀀧􀀬􀂷􀀬􀀬􀀺 in the process. Part ofnegotiations includes definite delivery dates for various phases and reviews. • Consultant works closely with all stakeholders --under the guidance and direction of the COWlty PM, in a partnering mode. This means we plan to expedite design reviews ,and 􀁣􀁯􀁮􀁳􀁯􀁬􀁩􀁤􀁡􀁴􀁾 and resolve any conflicting guidance from the various entities (cities, county and others) to build a win-win situation. We prefer 'design review conferences' instead ofsimply passing out design documents and collecting input from each partner separately. Allow reasonable time for review and then gather all the partners and conclude the review in one sitting is our preferred mode • Constructibility reviews will be incorporated at key points during design, around the 􀀷􀀰􀀭􀀸􀀰􀁾 􀀧􀁣􀁯􀁾􀁰􀁬􀁥􀁴􀁩􀁯􀁮 stage. . . • Environmental analyses and neighborhood public workshops are to be concluded during this phase. • Traffic and Utilities data will be considered in design, with data from partner city, County, NCTCOG, or consultant. • Federal projects will involve environmental ,impact analysis and Public Meetings. We will push for Categorical Exclusions, when this would appear to be a common sense solution (total urban environment with no discemable environmental impacts). • Early involvement on ROW issues will be impoftant, and early provision of 􀁾􀁏􀁗 documents ,will be a part ofthe design contract . PHASE 3 -DESIGN COMPLETION & RIGHT-OF-WAY INITIATION . 􀀧􀀮􀁾 .\' .. . . ... ": . 􀁾 " . .--',-. ........ ..-' .. . .".. . . .. 􀁾 .-'--.-.... ' ': 􀁾 􀀮􀁾􀀬 -.--• . Formally begins with the 􀁤􀁥􀁬􀁩􀁾􀁥􀁲􀁙 -of the 􀁒􀀭􀁏􀁾􀁗 􀁤􀁯􀁾􀁾􀁮􀁩􀁥􀁮􀁴􀁳 -to the 'Count}/by' tile :'. consultant. Standards and scheduling will be clearly spelled out in writing withip. Consultant's contract. ," • County Project-Manager monitors and tracks progress. Key is that the PM does not· "hand-offt the project to the ROW division, but stays actively "involved in project management. PM will use the matrix project team concept to track and keep the project on schedule. PM resolves issues as they develop, keeping all stakeholders in the net, using e-tools and partnering principles. , • .RcoOnWtrac􀁡t􀁣.􀁱􀁵􀁩.􀁳.􀁩􀁴􀁩􀁯􀁾 begins, using in.-ho' .use.orR-O'W.􀀭􀁣􀀹􀁮-􀁳􀁵􀁬.􀁾􀁮􀁴'...o.n.IDQ'a_cqu.I'sition.se.'rv.ices • County decides, in consultation with other stakeholders, the packaging of the construction contract (early enough to preclude re-work by consultant). • Consultant to make minor changes resulting from property owner requests. • Design consultant completes work on provided schedule, however, in rare instances may be asked for expert testimony at Eminent Domain hearings. • County and Partners evaluate Consultant using standard evaluation system. Consultant is given opportunity to evaluate Countys project management process, also. .a PHASE 4 -ROW & Utility Adjustment ',' , , -, -• -, -• ". --• --• , ' ...', • 􀁾 • '; " : • ". • -. • ' • • \". -,' •••• -􀁾􀀮􀀺 --'" •• ' .' ••􀁾􀀮 \ • -': ---, -." ':, • J" -' -. -'-ROW acquisition-is carried to'completion, again 􀀺􀁵􀁄􀀮􀁤􀁥􀁲􀀧􀁴􀁨􀁥􀀢􀁡􀁣􀁴􀁩􀁶􀁾 􀁰􀁲􀁯􀁪􀂢􀁾􀁴 􀁾􀁾􀁲􀁩􀁡􀁧􀁥􀁭􀁥􀁮􀁴􀀧 and leadership ofthe PM, with proactive activity ofthe ROW acquisition team. If the ' city or another partner such as TxDOT is the ROW acquisition agency, the PMwill still track carefully the progress and proactively lead efforts to remove obstacles, etc. to keep progress on schedule. • The PM will use partnering principles as well as results ofS.U.E. to assure utility adjustments are accomplished in time to keep scheduled project advertisement and contract award dates. Based on successful partnering efforts for 2 years with major utility providers (including the UPRR), the PM will assure the attached Essential Elements ofUtility Partnering and GUIDELINES FOR ASSURING ,SMOOTH RELATIONSHIPS BETWEEN LOCAL GOVERNMENTS AND UPRR are adhered'to by'all matrix team members '_ • County projeCt manager tracks and resolves issues and work .and 􀁳􀁣􀁨􀁥􀁤􀁵􀁩􀁥􀁳􀁾 • The PM completes all work on Plans, Specs, and Estimates (pSE to prepare project for advertising for bids. • Consultant may be kept on call for unique projects. or if required to complete requested Engineering During Construction (EDe) services, such as shop drawing submittal review and consultation on design intent, assumptions, etc. The intent is to capture the best part ofthe effort and focus that the consultant or in-house design team has just expended in designing the project. I,' PHASE 5 --CONSTRUCTION ." .. 􀀮􀁾 .•.'. 􀁾 'PM'does all work to 􀁡􀁤􀁶􀁥􀁩􀁴􀁩􀁳􀁥􀁰􀁲􀁯􀁩􀁾􀁣􀁴 and wdrkS 􀀧􀁩􀁖􀁩􀁴􀁨􀁐􀁵􀁲􀁣􀁨􀁾􀁳􀁩􀁮􀁧 nept rmbid 􀀺􀁯􀁰􀁥􀁾􀁧􀀻􀀧 • PM assures an additional supplement to the Master is completed with each Partner, giving approval offmal funding, based on bid amounts, on a timely basis. • PM completes all work for construction contract award. PM works with all partners to assure a logical 􀁾􀁤 timely notice to proceed is given. This order to begin work and the contract time period will be based on status ofutility relocations, any city requirements, etc. • PM schedules and prepares for Partnering & pOre-construction meeting, assuring the meeting is on the Director and Assistant Director's calendars. PM also assures 􀁾􀀱􀀱 the right stakeholders are at the meeting and prepared to launch the construction phase successfully • ."Construction 􀁰􀁲􀁯􀁣􀁥􀁾􀁤􀁳 on schedule 􀁾􀁩􀁴􀁨 Construction 􀁍􀁾􀁡􀁧􀁥􀁭􀁥􀁲􀁩􀁴 􀁳􀁥􀁲􀁶􀁩􀁣􀁥􀁾 􀁰􀁾􀁯􀁶􀁩􀁤􀁥􀁤 by County or city" 􀁰􀁡􀁲􀁬􀁮􀁥􀁲􀀢􀁾 PM and project Team "assure 􀁐􀁡􀁉􀁭􀁾􀁲􀁩􀁮􀁧 􀁰􀁾􀁮􀁣􀁩􀁰􀁬􀁥􀁳􀀢 􀁡􀁮􀁾 "splrif" (Trust, Commitment, and,Shared Vision) are maintained throughout the"project . construction phase. • PM assures constant communication with customers and other project stakeholders. This may include a construction oriented Public Infonnation Neighborhood Meeting, as well as periodic project 􀁮􀁥􀁷􀁳􀁬􀁾􀁴􀁴􀁥􀁲􀁳􀁊 notices ofkey construction events or phasing, meeting with neighborhood interests (property owners, schools, churches, businesses, etc). We are interested in not only achieving a high quality end-product, but also in delivering the project in a user-fri.endly manner. • PM assures ultimate owner is provided As-bu.i1ts "made from marked-up construction plans. • PM plans and conducts an After Action Review (AAR) to assess what happened and brainstonn any lesson-Ieamed. If appropriate, this will also be a "partnering success celebration." • PM conducts one year follow up inspection in conjunction with all applicable stakeholders .-.: -. ATIACHEMENT 1 Dallas County Project Delivery Team's Essential Elements ofUtility Partnering , 􀁾 :,2002 "1.-' ,Know: ,the 􀀢􀀬􀂷􀁵􀁴􀁩􀀱􀁨􀁩􀁥􀁳􀁾􀀮􀀮 􀀢􀁣􀁾􀁳􀁴􀁯􀁭􀁥􀁲􀁳􀀬 􀁡􀁾􀁤􀀮􀀬 ' 13. Do 􀀬􀁾􀁯􀁴􀀮 ',begin 􀁩􀁭􀀧􀁰􀁬􀁥􀁭􀁾􀁮􀁴􀁩􀁮􀁧 _'-a '" project , 'remeinb'er' that,', 􀁜􀁖􀁾􀀬 "have: 􀁾􀁨􀁥􀀢 􀁳􀀬􀁡􀁾􀁥􀀮 ". ... schedule :'without 'total feedback from "'all customers. 'companies."· ,-' . ' " '. ' " ' 2. Make utilities move only if absolutely necessary to achieve the project purpose. 3. Move only once if the move is, in fact" essential. 4. Get involved ,: with actual field reconnaissance early. Include and engage Project Representatives or Constructibility personnel very early. 5. Get the acquiring agency's Right of Way personnel involved early. ,6. Schedule.. initial ,Utility Partnering Conference' early. Mal 100.0 oPoints 50.0 -99.99 3 Points 10.00 -49.99 5 Points 5.00 -9.99 7 Points < 4.99 10 Points Sustainable Development! Redevelopment! USmart Growth" Rating (10 Points) Each project submittal will be evaluated with respect to encouraging regional sustainable development or "smart growth" patterns (Le. densification of the urban core counties) or redevelopment of distressed areas. There will not be a sliding scale of points available for this criterion. Each project will either receive the full 10 points or will receive a zero. A project located within a census block classified as IIDistressedl ! or IIUnder-UtHizedll as defined in the Dallas County Tax Abatement Policy (see attached maps) will receive the full 10 points; all other projects will receive a zero. The aforementioned policy defines a "DistressedlJ area as a census block whose median family income is less than or equal to 150% of the poverty level for a Dallas area family of four or a census block contained within a federally or state-designated enterprise zone. An uunder-utilized" area is a census block that meets three of following five criteria: 1) Low population growth (percentage change in population that is less than the County average for 1980-1995) 2) Low employment growth (percentage change in employment that is less than the County average for 1990-1995) 3) Low traffic congestion (roadways where. in 1995, no more than 300/0 of lane miles exceeded free-flow traffic levels during peak hours) 4) Low property values (median value of owner-occupied structure is no greater than 50% of the County median) 5) Predominantly low/moderate income population (at least 51 % of population earns less than 800/0 of the Dallas area median household income) For census blocks that are at least two-thirds (2/3) undeveloped, only one of the five criteria listed above need to be met to qualify as llunder-utilitized." 10 Intermodall Multimodall Social Mobility Rating -(10 Points) Each project submitted for funding will receive a score based either on its ability to involve more than a single mode of travel or its long-term economic development potential that could benefit the community. There will be a sliding scale of points available for this criterion. There are three separate elements that comprise this scoring criteria. These three elements are: • Infrastructure Investment Project -A capital project with a likelihood of producing long-term economic benefits as opposed to an operational project which only provides direct benefits for a given short time period. (10 points) • Social Mobility Project -A social mobility project is one that provides transportation services to individuals or groups who need some form of transportation due to an inability to utilize existing forms of transportation. This can include services to the elderly and disabled or economically disadvantaged individuals. (10 points) • Multi-Modal linter-modal Projects -Projects that facilitate non-SOV (single occupant vehicle) modes or provide for the interaction of two or more transportation modes in a given area. Transit (bus/rail) -(10 points) School Bus -(7 points) Bicycle Paths -(5 points) Pedestrian Paths -(3 points) Projects that incorporate any combination of the above 4 modes of transportation will receive the full 10 points. Special Case Rating Methodology , Special Case #1 -If all or part of a roadway consisted of a new roadway, then it was not possible to calculate a Speed Delay Rating, a Benefit-Cost Ratio Rating, or an Air Quality Rating. In these cases, the Speed Delay Rating, the Benefit-Cost Ratio Rating, and the Air Quality Rating are all given zero points, and the maximum points for the Traffic Volume Rating are increased to 30. This is accomplished by multiplying the Traffic Volume Rating by three. Special Case #2 -In certain situations, the Benefit-Cost Ratio may be misleading because the traffic induced by the capacity improvement was so great that the resulting congestion was higher than without the improvement. This signifies that the project is highly warranted. Projects falling under the Special Case #2 category will receive zero points for the BenefitCost Ratio Rating, and the maximum allowable points for the Traffic Volume Rating will be increased to 20. This is accomplished by multiplying the points assigned to the Traffic Volume Rating by two. Special Case #3 -The criteria which use percent change as a basis for scoring, Traffic Volume Growth Rating and Travel Desire Rating, could be misleading if the absolute value 11 of the traffic volumes is less than 5,000 in the year 2025. To avoid overrating these projects, the maximum points available for the Traffic Volume Growth Rating Criteria and the Travel Desire Rating will be reduced to five for each rating element. This is accomplished by dividing the score for these two criteria by two. LOCAL COSTPARTICIPATION MULTIPLIER In order to aide in the successful implementation of the Dallas County MCIP. it is imperative to accept only those projects for funding that have a strong commitment from all the stakeholders. One strong indicator of this commitment is the value of resources being contributed. In order to reward those projects with strong commitments. a multiplier based on the value of the local commitment (as a percentage of the total project value) will be applied to the aggregate scores. This multiplier will be equal to 1 plus the percent of local match. expressed as a decimal. Thus. if a City commits to a match of 50 percent of a project's value, that project's aggregate score will be multiplied by 1.50 in determining the final score. For a match of 20%. the multiplier is 1.20. As the financial resources of all possible stakeholders are not equal. said multiplier may be considered to be inherently biased against those possible stakeholders with limited resources. Therefore. in order to mitigate this perception of inherent bias, bonus points will be assigned to those cities where 600/0 of the land area falls in census blocks defined as IIDistressed" or 51 0/0 Low/Moderate Income. This bonus consists of adding 0.3 to the multiplier for any project submitted by a city qualifying for the bonus. For example. the multiplier for a project submitted by a qualifying city contributing 200/0 of the total cost of the project will be 1.50 (1.20 plus 0.30), the same multiplier applied to a project for a nonqualifying city contributing 50%. Example 1. Projects for Cities A, B. C, and D all finish with aggregate scores of 80. Cities AI B. C. and D agree to contribute 50% • 200/0. 00/0. and 20% , respectively, of the cost of the project. City D qualifies for the 60% local match multiplier bonus. The multiplier for the four projects are as folJows: City A -1.50 City B -1.20 City C -1.00 City D-1.50 The final point totals for the four projects, computed by multiplying the aggregate total by the mUltiplier, are as follows: 12 City A -120.0 City 8-96.0 City C -80.0 City D -120.0 Example 2. City Q is a qualifying city and contributes 200/0 of the project cost. Q's project finishes with an aggregate score of 70 and a total score 105.0. City Rig project finishes with an aggregate score of 100, but since R is not willing to commit local resources (and is nonqualifying). the project finishes with a total score of 100.0. below QIS . So does City S's project with a total score of 102.0, which finished with a higher aggregate score of 85 but was supported with a 200/0 local commitment (S is a non-qualifying city) resulting in a multiplier of 1.20 compared to QIS 1.50. Location of Distressed Areas and Census Block Groups that are at Least 51 % Low/Moderate Income N 1990 BLOCK GROUPS DISTRESSED AREAS * PREOOMJNATELY LOWIMOOERATE W E INCOME BLOCK GROUPS 8 0 8 Miles S 􀁾􀁪􀁾􀁾􀁾􀁾􀁾􀁾􀀮 􀁩􀁩􀁩􀁩􀁬􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁩 i. Location of Distressed Areas and Under-Utilized Areas Under Dallas County Tax Abatement Policy. 1990 CENSUS TRACTS DISTRESSED AREAS UNDER·UTlUZED AREAS s SCALE: 1" =4 MILES DALLAS COUNTY PUBLIC WORKS TO: FROM: AlIl.'P.Wering Cities , 􀁄􀁯􀁾􀁤􀁌􀀬 Holzwarth Director ofPublic Works DATE: 17 January 2000 SUBJECT: 2001 Major Capital Improvement (MCIP) 'Call for Projects'. Dallas County is ready to launch the second year of its Major Capital Improvement Program (MCIP). The 2001 program will consider projects for funding in fiscal years 2006 and 2007. 􀁂􀁾􀁳􀁥􀁤 on the success of last year's program, owed largely in part to the tremendous cooperation and feedback we received from you, the 2001 program will be similar to last year's, with the exception of some minor changes to the funding, methodology and schedule. The proposed schedule for this year's program is as follows: MILESTONE Kickoff Meeting Application Submittal Deadline Preliminary Evaluation Completed Cities' Review Deadline Final Evaluation and Ranking Final Selection and Court Approval TARGETDATE January 31, 2001 April 27, 2001 (4pm) June 29, 2001 July 29, 2001 August 17, 2001 October 30,2001 Notice from the above schedule that a kickoff meeting has substituted for the 'Call for Projects' notice. Whereas last year a written notice was issued to solicit projects for improvement, this year we are proposing a kickoff meeting to be held at the Dallas County 􀁃􀁯􀁾􀁩􀁳􀁳􀁩􀁯􀁮􀁥􀁲􀁳􀀧 Courtroom at 411 Elm Street, Dallas, on Wednesday, January 31st, 2001 from 2:"-Spm', We"strongly encourage you to attend this very important meeting. During this meeting, we'll provide you with an overview ofthe MCIP, highlighting recent changes made to the program funding, methodology, and schedule, and we will demonstrate the completion of the application process, We anticipate that this kickoff meeting will also provide an opportunity for you to ask questions and receive answers about all matters relating to the Major Capital Improvement Program. 411 Elm Street, 4th Floor Dallas, 􀁔􀁾􀁸􀁡􀁳 75202 (214) 653-7151 In preparation for the above 􀁭􀁥􀁥􀁴􀁩􀁮􀁧􀁾 you will find the following attached: e a tentative agenda, C) a copy of our modified evaluation methodology with a one-page summary highJighting recent changes, C a copy of the Court-approved MCIP Master Inter-local Agreement, and C) a document outlining our Five-Phase Project Delivery System. We suggest that you carefully review the above documents before the January 31st kickoff meeting and that if you have any questions before then, to contact either Don Cranford, Assistant Director, or Dr. Edith Ngwa, Senior Transportation Planner, at (214) 653-7151. Thank you in advance for your cooperation. I look forward to another opportunity to partner with you at the January 31 st kickoff meeting. 2001 Major Capital Improvement Program Kick-Off Meeting January 31,2001, 2-5pm AGENDA • 2:00-2:20pm • 2:20-3:00pm • 3:00---4:00pm••• •• • 4:00-5:00pm • 5:00pm Gather, Network, Coffee Welcome, Overview of Meeting and Introductions Short Presentations: Review of2000 MCIP Application, Evaluation and Selection Process Overview of2001 MCIP Program Recommended Changes for 2001 Proposed Schedule for 2001 Sample Application Forms and Demonstration of 2001 Application Process Discussion, Question and Answer Session Break! Summary of Changes to the Dallas County MCIP Evaluation Methodology The 2000 MCIP Call for Projects provided the first opportunity to test the MCIP evaluation methodology on real life projects. In performing that evaluation, we discovered that we could improve in several areas to compensate for some inherent biases of the methodology. These biases and the suggestions/recommendatio ns for remedying them include the following: .. New construction Projects score higher than widening or intersection projects: Special case # 1 of the evaluation methodology awards points to projects that in part or entirely consist of a new roadway, and for which, therefore, it is not possible to calculate a speed delay) a benefit-cost, and an air-quality rating. For these cases, the traffic volume rating is multiplied by 4. It is recommended that the traffic volume rating be multiplied by 3, instead of4 as is stated in the 2000 MCIP methodology. ... Intersection project speeds not reflected in model: The higher of the two speeds on the intersecting roads should be used to calculate the Speed Delay rating for intersection improvement projects. ... BikewaylPedestrian projects scored low: New bikeway and pedestrian projects under the current methodology are evaluated under the assumption that no roadway currently exists on their proposed path. Given that assumption) they usually score no points on several (at least 8) of the criteria that are roadway-based. It is recommended that these projects incorporate a mode split using the nearest road and assuming a traffic and safety reduction, if appropriate. .. Inter-Modal I Multi-Modal Rating is too general: The current methodology awards equal amount of points (10) to all projects that demonstrate multi-modallinter-modal use irrespective of the type of mode. It is recommended the modes be rated on a sliding scale basis as follows: Transit 10; school buses 7; bike 5, and sidewalks 3. ... Cost Estimating needs to be automated for consistency: It is recommended that a cost estimating element be added to the evaluation software so that project costs can be automatically developed and can be consistent across the board for similar types of improvement. .. Functional classification scoring awards more points for freeways not county-wide thoroughfares: It is recommended that regional arterials be awarded more points (10) under the Functional Classification rating, than freeways (5). In the current methodology, it is the other way round. Such a change would enable regional arterials (the MCIP's priority) to rank better than state freeways. .. Accident rate criteria too subjective: The accident criteria should be based on raw accident rate per 1 million vehicle miles as opposed to the number of correctable accidents-a determination which is often left up to subjective judgement. FY 2000 MAJOR CAPITAL IMPROVEMENT PROGRAM DALLAS COUNTY Prepared Jointly by the Dallas County Department of Public Works and the North Central Texas Council of Governments Proposed Evaluation Methodology to Score and Rank Candidate Thoroughfare System Improvements INTRODUCTION In Fiscal Year 2000, the Dallas County Commissioners Court replaced its traditional bondfinancing approach to funding infrastructure improvements with a programmed Major Capital Improvement Program. The underlying theory of this new approach is that a project will take five years from approval of funding to final construction. and that every year projects will be authorized for funding and projects will be completed. Thus, in any given calendar year, there will always be projects in each of the various phases of implementation (i.e. design. right-of-way acquisition. construction). thereby allowing for the more efficient use of personnel and resources. In contrast, under the bond-financing method, all projects are authorized at the same time and are constructed at the same time. This approach creates a project '\vave"-initially, there is a flurry of design activity, and the necessity of design resources; then, the wave passes to right-ot-way acquisition, and the design resources become underutilized while right-ot-way is bulked to handle the 'waveJJ ; finally, the projects pass to construction. creating the need to invest in construction-related resources, while the design and right-ofway resources are underutilized. With the new financing and programming approach, the llproject wave" is eliminated, and all project activities are occurring simultaneously (although not necessarily on the same project) and, more importantly, continuously. Thus, valuable resources are always being utilized and the funds that previously would have needed to be expended on additional resources (as a result of the lwave" effect) can instead be devoted to infrastructure. This Program will be implemented by issuing an annual county-wide call for projects to identify and fund needed roadway improvements within the county, with local govemments submitting candidate projects for potential selection and funding under this program. An annual lICall-for-projects" is an improvement over the traditional method of calling for projects every five years. The advantages of an annual call are twofold. First, with fewer submittals per Call, the quality of submittals. both of the projects submitted and the submittals themselves, will improve, as staffs will be able to devote more time per submittal. Second. an annual Call provides more flexibility for cities to determine infrastructure needs 2 based on changes that may have recently occurred or will soon be occurring, such as a new development or infrastructure, instead of trying to determine needs based on a conjecture of what might occur five years into the future. EVALUATION CRITERIA In order to evaluate candidate projects in an equitable and consistent manner, ten evaluation criteria have been developed which will be applied to each project submittal to establish a basis for scoring and ranking projects. This ranking will identify which projects provide the greatest benefit to the county based on factors such as mobility, costeffectiveness, safety, and air quality. The proposed evaluation methodology is presented below. Each of the ten evaluation criteria will initially be assigned a maximum value of 10 points, with 100 points being the total maximum amount possible for a given project. In addition to the lIequal weighfJ scenario, other weighting scenarios can also be evaluated to determine which scenario most appropriately addresses the needs of Dallas County. TECHNICAL METHODOLOGYFOR MODELING PROPOSED IMPROVEMENTS: Travel Model Forecast Procedures The Dallas-Fort Worth Regional Travel Model (DFWRTM) is the planning tool used to help estimate current and future travel demand needs and allows detailed project evaluation to occur. The Major Capital Improvement Program must have a way of testing and evaluating the mobility benefits of a wide range of potential roadway projects, including the addition of new thoroughfare streets, the extension of existing thoroughfares, and the rehabilitation of existing thoroughfares. The DFWRTM is the tool used to accomplish this analysis. In order to assess and quantify the benefits of the projects submitted under this Call-forProjects, it is necessary to develop four different roadway network analyses. These four different network analyses simulate both baseline (year 1995 no-build) and-future year conditions with and without the effects of the proposed projects. The four network analyses that will be used to to evaluate the benefits of the projects submitted for the Major Capital Improvement Program are as follows: -• Analysis 1: The first analysis replicates conditions as they existed in 1995, the year the model was validated for, using the roadway network that existed in 1995 and 1995 demographic data for population, employment, and number of households. • Analysis 2: The second analysis predicts year 2025 conditions assuming a nobuild, or IIdo-nothingJl scenario. In this analysis, the 1995 existing-conditions roadway network used in the first analysis is modeled using year 2025 demographics. This analysis shows the performance of the transportation system in the year 2025 if no improvements are made to it. • Analysis 3: The third analysis predicts year 2025 conditions assuming that all the projects submitted for funding are implemented and constructed. This is accomplished by coding into the 1995 no-build roadway network all the projects 3 submitted under this Call for Projects, creating a year 2025 build network. This year 2025 build network will be modeled using year 2025 demographic assumptions. • Analysis 4: The fourth analysis predicts year 2025 conditions assuming an lIall_ or-nothingJl scenario. This scenario uses the year 2025 build network and year 2025 demographic assumptions. but doesn't use the typic"al IIcapacityconstrained" technique to model traffic in which on[y a finite number of trips can be assigned to a particular roadway segment. With an !lall-or-nothing" assignment. an infinite number of trips can be assigned to a particular segment, and where several different routing options are available, all trips are assigned to the most desirable route (based on criteria specified). For this analysis, trips are assigned to the route with the best travel time, based on speed and distance only. This analysis is used to score projects under the Travel Desire Rating. EVALUATION CRITERIA AND TECHNICAL METHODOLOGY FOR SCORING PROJECTS Evaluation Criteria Functional Classification Rating -(10 Points) This evaluator assigns points based on functional classification as designated in the 1999 Regional Thoroughfare Plan Update. For any given project, the functional class assigned to the project will be the classification of the highest classified facility which can reasonably be assumed to be either directly or indirectly positively impacted by the proposed project. Example Arterials A and B are parallel arterials one-mile apart. Freeway X runs perpendicular to both A and B and has interchanges at both. Approximately one-quarter mile from and parallel to Freeway X the City is proposing to build a four-lane roadway that will intersect both A and B. Scenario 1: Freeway X is the only existing roadway that connects with both Arterials A and B. Thus, a motorist on A wanting to use B must use Freeway X. Under this scenario, the City's new roadway would be scored as a freeway, as it is reasonable to assume that it will reduce congestion on Freeway X by eliminating the necessity of all local traffic going from A to B to use Freeway X. In other words, there is a certain percentage of local traffic that is only using Freeway X by default that would divert to an alternate route. By eliminating this local traffic from Freeway X. its congestion is reduced and its reserve capacity is increased. Scenario 2: Freeway X is one of several roadways that connect with both Arterials A and B. Thus. a motorist on A wanting to use B does not necessarily need to use Freeway X. Under this scenario, the City1s new roadway would be scored by its own functional classification, as it is reasonable to assume that it will not reduce congestion on Freeway X because other routes for local traffic to travel from A to 8 already exist. In other words, local traffic diversion from the Freeway is already occurring. and the addition of another alternate route will not have an impact on the operation of the Freeway. 4 Each project will receive a score based on the classifications shown in Table 1. Table 1 Functional Classification Rating Functional Classification Designation Score Regional Arterial 10 Points Freeway (existing and proposed) 7 Points Other Arterial 3 Points Not on Regional Thoroughfare Plan aPoints Speed Delay-Rating -(10 Points) Each candidate project submitted for funding will be assigned a speed-delay rating based on the anticipated improvement to travel times and speeds that will result from the roadway improvement. This will be calculated by taking the difference between the posted roadway speed limit (maximum free-flow speed) and a current observed speed on the facility (current operating speed), divided by the length of the project. For intersection projects. the higher of the posted speeds for the intersecting roads (and ultimately the length of the roadway with the higher speed) should be used to calculate the speed delay rating. Each city submitting a project for funding will be asked to collect and provide recent peak-hour speeds which will be used in calculating this rating. Using speed delay as an evaluation criterion takes into account both the traffic congestion on and the physical condition of the roadway. both of which affect the operating speed. The delay rate is defined as the difference between the time it takes to travel a set distance at the posted speed limit without stopping (free-flowing) and the actual time (observed) it takes to travel that same distance (accounting for traffic control delay and congestion). divided by the distance traveled. expressed in minutes per mile. A 1996 report by Metroplan, the Council of Governments for Central Arkansas, established a delay rate congestion threshold of 0.41 minutes per mile, based on criteria established in the Highway Capacity Manual, vehicle limitations. and driver perceptions. In other words. a facility is considered congested when its delay rate is equal to or greater than 0.41 minutes per mile. This number corresponds to the difference in time it takes to travel one mile at 55 miles per hour versus traveling one mile at 40 miles per hour. From this delay rate, a numeric value for congestion. the lldegree of congestion" or DOC, has been defined as follows: DOC = Delay Rate -0.410 Thus, a facility at the congestion threshold, that is. with a delay rate of 0.41, has a DOC of 0.000. A facility operating at its maximum free flow speed has a delay rate of 0.00 and a corresponding DOC of -0.410. In order to provide insight into the magnitude of congestion, eight congestion categories were defined --five for congested facilities and three for non-congested facilities. The DOC 5 threshold for each of the eight categories is shown in Table 2, along with the points assigned for each category. Table 2 Speed-Delay Rating Criteria Category "Degree of Congestion" Score Extreme Greater than 4.499 10 Points Severe Between 1.499 and 4.498 8 Points Serious Between 0.499 and 1.498 6 Points Moderate Between 0.213 and 0.498 5 Points Mild Between 0.001 and 0.212 4 Points Borderline Between -0.168 and 0.000 2 Points Acceptable Between -0.410 and -0.167 1 Point None Less than -0.411 aPoints Traffic Volume Rating -(10 Points) This rating evaluates the project according to the magnitude of traffic-flow improvement that can be expected to result by making the proposed improvement to the facility. The Traffic Volume Rating is calculated by taking the difference between a "build" and a "no-buildJl condition, which yields the additional traffic resulting from making the improvement. Specifically, year 2020 traffic projections will be generated with and without the improvements in place in order to model the anticipated change. Projects showing the greatest amount of traffic improvement will receive a higher score for this criterion. Specifically, this criterion is calculated by taking the difference between two year 2020 travel model runs. the I'build" condition (Analysis 3) and the IIno-build" condition (Analysis 2). The difference between these two analyses is the expected change in traffic volumes resulting from making the proposed improvement to the facility. In general, projects showing the largest amount of traffic improvement will receive a higher score for this criterion. The maximum score available for this criterion will be ten points. The range of possible scores will be determined after the analyses are complete and the data is available to determine minimum and maximum values. Traffic Volume Growth Rating -(10 Points) The Traffic Volume Growth Rating is derived from the growth in traffic volumes expected to occur on each candidate segment of roadway between the current condition (year 1995) and the future travel model projection (year 2020). This rating assumes that the project is not in operation in the current year and that it will be operational by the future forecast year. Points will be assigned to each project based on the percentage of growth estimated to occur during this time period. Specifically. the percent change between traffic volumes in the year 2020 llbuildll network (Analysis 3) and the 1995 "existing condition" network (Analysis 1) will be calculated. Projects showing the largest amount of change will receive the higher scores. The 6 maximum score available for this evaluator is ten points. The range of possible scores for this criterion will not be determined until after the model runs are complete and the minimum and maximum values are derived. Travel Desire Rating -(10 Points) This rating will score each candidate project based on its inherent attractiveness and desirability assuming there is no congestion at all on the facility. When congestion is factored into the equation, roadways that may be more direct and desirable to travel on are sometimes avoided because of high levels of congestion. even though they are the preferred routes. This evaluation criteria is derived by looking at the difference between a year 2020 capacity-constrained model run (Analysis 3). which takes into account the congestion on the roadway, and an "all-or-nothing" model run (Analysis 4), which assumes that there is no congestion on any roadway. The "all·or-nothingJl model run allows vehicle trips to choose the preferred route (based on shortest distance and fastest speeds) regardless of any effects due to congestion. The percent difference between the two model runs shows whether the facility is being used because it is the most direct and preferred path rall-or-nothingll) or whether traffic is being diverted to the facility due to congestion on other routes (capacity-constrained). The maximum score available for this criterion is ten points. The range of possible scores will be determined after the travel model runs are complete and the maximum and minimum values are identified. Benefit-Cost Ratio Rating -(10 Points) This rating is calculated based on the ratio of benefits resulting from the proposed improvement to the cost of the improvement. The benefits for each project are determined from the reduction in travel-time delay experienced on the roadway segment with and without the candidate roadway improvement. Local government and Dallas County staffs will estimate the costs for each project. Benefits used in the BIC ratio are calculated from the delay savings gained from an increase in capacity or speeds on the segment (if. in fact. a gain is induced). The reduction in delay is calculated from the increase in average daily loaded speeds, which are derived from the travel model runs. This analysis compares the modeled speeds before an improvement (Analysis 2) and the speeds after the improvement (Analysis 3). After average daily loaded speeds and 24·hour projected traffic volumes are determined for both Analysis 2 and Analysis 3, a benefit-cost ratio is calculated based on the following equation: TAB TAe --􀁲􀁊􀀨􀁖􀁏􀁾􀁖􀁏􀁌􀁆􀁁􀁃􀀮􀁌􀀮􀁅􀁎􀁇􀁔􀁈􀀩 -􀀨􀁶􀁯􀁥􀀮􀁖􀁏􀁉􀁆􀁾􀀪􀁌􀁅􀁎􀁇􀁔􀁈􀀩􀁜􀁬 x DAO x VOT x N 􀁾 SPEEDA SPEEDB 􀁾 00 ( TOTAl COST X CRF) 7 Where: TAB = TAC = VOlA = VolB = VOLFAC = Length = SpeedA = Speeds = DAO = VOT = NOD = Total Cost = CRF = Total Annualized Benefit ($) Total Annualized Cost ($) 24-Hour Volume from Run 2 (no-build scenario) 24-Hour Volume from Run 3 (build scenario) 0.6. volume factor (peakloff-peakldirectional dist.) Length of Project (miles) Link Speed from Run 2 (no-build scenario) Link Speed from Run 3 (build scenario) 1.29 persons per vehicle, Daily Auto Occupancy $9.70 per hour. Value of Time 260 per year. Number of Days for annual benefit Total Project Cost ($) 0.06646, Capital Recovery Factor (40 yrs @60/0) Points are assigned to each project based on the ratio of the total annualized benefits divided by the total annualized cost. Table 3 provides the scoring ranges with their corresponding benefit-cost ratios. Table 3 Benefit-Cost Ratio Rating BIC Ratio Score 0-0.50 oPoints 0.51 -0.75 1 Points 0.76 -1.00 2 Points 1.01-1.25 4 Points 1.26 -1.50 5 Points 1.51 -2.00 6 Points 2.01 -3.00 7 Points 3.01 -5.00 8 Points 5.01 -10.00 9 Points 10.01 or greater 10 Points Accident Rate Rating -(10 Points) Each candidate project will receive an accident rating based on the raw accident rate per million vehicle miles. Each city will be asked to provide three years worth of actual accident data for each roadway segment submitted for review. Projects with a higher accident rate over this threeyear period will receive a higher rating. After all the accident data has been analyzed, a range of scores will be developed between zero and ten points. based on the magnitude of accidents reported. $ Lb. 8 Air Quality I Energy Conservation Rating -(10 Points) Each project submittal will be evaluated based on its overall impact toward improving the quality of the region's air. The Dallas-Fort Worth region is currently designated as a nonattainment area by the U.S. Environmental Protection Agency based on past exceedances of the national ambient ozone standard. In order to promote regional air quality goals and objectives, each project will be quantified in terms of air quality reductions. Specifically, the dollars per pound of nitrous oxide (NOx) emission reductions will be calculated and each project will receive a score based on its reduction potential. Emission reductions will be calculated by estimating emissions before and after the improvement is in place, and taking the difference. Projects contribute positively toward air quality reductions, in general, when speeds approach 50 miles per hour and operating performance is improved. The following formula provides the methodology for calculating emission reductions on a project-by-project basis. [ (TOTAL COST x CRF) x Cl ] [ (VOLBx EFB x LENGTH) -(VOL...X EFAx LENGTH)] x 260 DAYS/YEAR Where:VOLa = EFB = Length = VOLA = EFA = Total Cost = CRF = C1 = $/Ib. = 24-hour modeled volume before improvement (Analysis 2) Emission factor based on speeds from Analysis 2 grams/mile) Project Length (miles) 24-hour modeled volume after improvement (Analysis 3) Emission factor based on speeds from Analysis 3(grams/mile) Total project cost ($) 0.06646, Capital Recovery Factor ( 40 yrs @6%) 454 grams per pound (conversion factor. grams to pounds) Dollars per pound of NOx emissions reductions Points will be assigned to each project based on the ratio of the annualized cost to the annualized NOx emissions reductions. Table 4 provides the scoring ranges for this evaluation criterion. Table 4 Air Quality I Energy Conservation Rating $ I Lb. Of Nox Reductions Scoring Range > 100.0 oPoints 50.0 -99.99 3 Points 10.00 -49.99 5 Points 5.00 -9.99 7 Points < 4.99 10 Points 9 Sustainable Development! Redevelopment! "Smart Growth" Rating (10 Points) Each project submittal will be evaluated with respect to encouraging regional sustainable development or IIsmart growth" patterns (Le. densification of the urban core counties) or redevelopment of distressed areas. There will not be a sliding scale of points available for this criterion. Each project will either receive the full 10 points or will receive a zero. A project located within a census block classified as IIDistressed" or IIUnder-Utilized" as defined in the Dallas County Tax Abatement Policy will receive the full 10 points; all other projects will receive a zero. The aforementioned policy defines a "Distressed" area as a census block whose median family income is less than or equal to 1500/0 of the poverty level for a Dallas area family of four or a census block contained within a federally or state·designated enterprise zone. An "under-utilized" area is a census block that meets three of following five criteria:. 1) Low population growth (percentage change in population that is less than the County average for 1980·1995) 2) Low employment growth (percentage change in employment that is less than the County average for 1990-1995) 3) Low traffic congestion (roadways where, in 19951 no more than 300/0 of lane miles exceeded free-flow traffic levels during peak hours) 4) Low property values (median value of owner-occupied structure is no greater than 500/0 of the County median) 5) Predominantly low/moderate income population (at least 510/0 of population earns less than 800/0 of the Dallas area median household income) For census blocks that are at least two-thirds (2/3) undeveloped1 only one of the five criteria listed above need to be met to qualify as llunder-utilitized." Intermodall Multimodall Social Mobility Rating -(10 Points) Each project submitted for funding will receive a score based either on its ability to involve more than a single mode of travel or its long-term economic development potential that could benefit the community. There will be a sliding scale of points available for this criterion. There are three separate elements that comprise this scoring criteria. These six elements are: • Infrastructure Investment Project -A capital project with a likelihood of producing long-term economic benefits as opposed to an operational project which only provides direct benefits for a given short time period. (10 points) • Social Mobility Project -A social mobility project is one that provides transportation services to individuals or groups who need some form of transportation due to an 10 inability to utilize existing forms of transportation. This can include services to the elderly and disabled or economically disadvantaged individuals. (7 points) • Multi-Modal/lnter-modal Projects -Projects that facilitate non-SOV (single occupant vehicle) modes or provide for the interaction of two or more transportation modes in a given area. Transit (bus/rail) -(10 points) School Bus -(7 points) Bicycle Paths -(5 points) Pedestrian Paths -(3 points) Projects that incorporate any combination of the above 4 modes of transportation will receive the full 10 points. Special Case Rating Methodology Special Case #1 -If all or part of a roadway consisted of a new roadwayI then it was not possible to calculate a Speed Delay Rating, a Benefit-Cost Ratio Rating, or an Air Quality Rating. In these cases, the Speed Delay Rating, the Benefit-Cost Ratio Rating, and the Air Quality Rating are all given zero points, and the maximum points for the Traffic Volume Rating are increased to 30. This is accomplished by multiplying the Traffic Volume Rating by three. Special Case #2 -In certain situations, the Benefit-Cost Ratio may be misleading because the traffic induced by the capacity improvement was so great that the resulting congestion was higher than without the improvement. This signifies that the project is highly warranted. Projects falling under the Special Case #2 category will receive zero points for the BenefitCost Ratio Rating, and the maximum allowable points for the Traffic Volume Rating will be increased to 20. This is accomplished by multiplying the points assigned to the Traffic Volume Rating by two. Special Case #3 -The criteria which use percent change as a basis for scoring, Traffic Volume Growth Rating and Travel Desire Rating, could be misleading if the absolute value of the traffic volumes is less than 5,000 in the year 2020. To avoid overrating these projects, the maximum points available for the Traffic Volume Growth Rating Criteria and the Travel Desire Rating will be reduced to five for each rating element. This is accomplished by dividing the score for these two criteria by two. 11 LOCAL COST PARTICIPATION MULTIPLIER In order to aide in the successful implementation of the Dallas County CMIP, it is imperative to accept only those projects for funding that have a strong commitment from all the stakeholders. One strong indicator of this commitment is the value of resources being contributed. In order to reward those projects with strong commitments, a multiplier based on the value of the local commitment (as a percentage of the total project value) will be applied to the aggregate scores. This multiplier will be equal to 1 plus the percent of local match, expressed as a decimal. Thus, if a City commits to a match of 50 percent of a project's value, that project1s aggregate score will be multiplied by 1.50 in determining the final score. For a match of 200/0, the multiplier is 1.20. As the financial resources of all possible stakeholders are not equal, said multiplier may be considered to be inherently biased against those possible stakeholders with limited resources. Therefore, in order to mitigate this perception of inherent bias, bonus points will be assigned to those cities where 600/0 of the land area falls in census blocks defined as "Distressed" or 510/0 Low/Moderate Income. This bonus consists of adding 0.3 to the multiplier for any project submitted by a city qualifying for the bonus. For example, a the multiplier for a project submitted by a qualifying city contributing 200/0 of the total cost of the project will be 1.50 (1.20 plus 0.30), the same multiplier applied to a project for a nonqualifying city contributing 50%. Example 1. Projects for Cities A, 8, C, and D all finish with aggregate scores of 80. Cities AI 8, CI and D agree to contribute 500/01 200/0, 0% , and 200/01respectively, of the cost of the project. City D qualifies for the 60% local match multiplier bonus. The multiplier for the four projects are as follows: City A-1.50 City B-1.20 City C -1.00 City D -1.50 The final point totals for the four projects, computed by multiplying the aggregate total by the multiplier, are as follows: City A-120.0 City 8 -96.0 City C -80.0 City D -120.0 Example 2. City Q is a qualifying city and contributes 200/0 of the project cost. Q's project finishes with an aggregate score of 70 and a total score 105.0. City RJs project finishes with an aggregate score of 100, but since R is not willing to commit local resources (and is nonqualifying), the project finishes with a total score of 100.0, below Q's. So does City S's project with a total score of 102.0, which finished with a higher aggregate score of 85 but was supported with a 20% local commitment (S is a non-qualifying city) resulting in a multiplier of 1.20 compared to Q's 1.50. 1990 BLOCK GROUPS DISTRESSED AREAS PREOOMINATELY LOWIMOOERATE INCOMtBLOCK GROUPS 8 0 i 8iMiles s Location of Distressed Areas and Under-Utilized Areas Under Dallas County Tax Abatement Policy. I I 1990 CENSUS TRACTS DISTRESSED AREAS UNDER-UTIUZED AREAS s SCALE: 1" = 4 MILES -j 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 "CITyl!, and the County of Dallas, Texas, hereinafter called "COUNTyll, acting by and through its duly authorized officials, which desire to enter into an Interlocal Agreement, hereinafter called MASTER AGREEMENT, for the purpose of Transportation Improvements on roads inside Dallas County that are on the North Central Texas Council of Government's Regional Thoroughfare Plan. WITNESSETH WHEREAS, pursuant to Court Order 2000-2117, dated October 17, 2000, County Commissioners Court approved participation in Transportation Major Capital Improvement Projects for the Program Years 2004, 2005, and a portion of 2006 within the cities inside Dallas County; and WHEREAS, the approved project lists may be modified, updated or approved by the Commissioners Court on a periodic, as-needed basis; and WHEREAS, Chapter 791 of the Texas Government Code, as amended, provides authorization for local governments to enter into inter10cal agreements; and NOW THEREFORE, THIS AGREEMENT, is hereby made and entered into by CITY and COUNTY for the mutual consideration stated herein: AGREEMENT Article 1. all purposes. DEFINITIONS: The following definitions are incorporated into this agreement for 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 of Texas. d) DIRECT PROJECT & PROGRAM COSTS shall mean those costs that can be identified specifically with a particular project or program cost objective. These costs generally include MASTER AGREEMENT-11/10/00 1 compensation of employees for the time devoted and identified specifically to the performance of the project or program, cost of materials acquired, consumed or expended specifically for the purpose of the project or program; equipment changes; damage claims and other approved capital 􀁥􀁸􀁰􀁥􀁮􀁤􀁩􀁴􀁵􀁲􀁥􀁳􀁾 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 . 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 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 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. 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 AGREElV1ENT 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 and/or other applicable STAKEHOLDERS. p) ROAD or STREET STREET AMENITY shall mean PROJECT features not included in the STANDARD BASIC PROJECT DESIGN including but not limited to street pavers, colored concrete, planters, irrigation, decorative lighting, special signage, or any other feature above and beyond the MASTER AGREEMENT-11/10/00 2 STANDARD BASIC PROJECT DESIGN or any increase in capacity in excess of COUNTY determined requirements based on anticipated future traffic flow. q) RIGHT OF WAY (ROW) shall mean that real property, (either existing, or required in fee and/or easement) identified by COUNTY, CITY, or other project STAKEHOLDER as necessary for the construction of the PROJECT. Such Right-of-way shall include both the existing street, road, drainage or other CITY or COUNTY real property ownership and all additional real property to be utilized for the PROJECT. (r) STANDARD BASIC PROJECT DESIGN shall mean the standard COUNTY-approved CITY criteria for paving, bridges, drainage and appurtenances, traffic control items including pavement marking) warranted uniform signals, street light foundations, pull boxes, conduit, sidewalks, medians, storage/turn lanes, access, required structural retaining walls and standard driveways excluding ROAD OR STREET AMENITIES, or such design criteria as may be mutually agreed upon in a project specific SUPPLEMENTAL AGREEMENT. (-s)(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. (1I) (u) TxDOT shall mean the Texas Department of Transportation. (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 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 ofthe construction ofthe PROJECT as identified by PROJECT plans. (x) UTILITY IN PUBLIC RIGHT-OF-WAY shall mean all UTaITIES located within the limits of the PROJECT by virtue of Texas or Federal Law or agreement between the entity and the CITY. (y) UTaITY 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. 􀁾 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 ofthe UTILITY'S Facility above the standard practices, devices or materials, specified by the UTILITY and customarily used by CITY or UTILITY on projects solely financed by CITY or UTILITY. Provided, however, that any upgrading necessary to successfully accomplish the PROJECT shall not be considered a Betterment, and further, that any increase in the capacity of the Utility Facility resulting solely from the replacement of devices or materials no longer regularly manufactured, processed or installed shall not be considered a Betterment, provided that such replacement shall be only to the standard devices or materials currently used on other projects financed solely by CITY or UTILITY. This meaning shall apply to utilities that are part of the project as well as the standard basic street components (See "STANDARD BASIC PROJECT DESIGN"). MASTER AGREEMENT-11/10/00 3 Article ll. PEIDODOFTHEAGREEMENT 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 ill. 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: a)(l) By expiration oftenn ofthe agreement. 􀁾􀀨􀀲􀀩 By mutual written consent and agreement of COUNTY and CITY. e)(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 AGREErvIENT 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. If the PROJECT is terminated by the CITY prior to the award of any construction contract and the PROJECT is located within the CITY limits, CITY shall pay to COUNTY the full amount expended by COUNTY on the project and COUNTY shall transfer to CITY its rights and all deliverables that it may be entitled to receive under the existing professional services or other project contracts or agreements. Such amount shall be included in the MASTER AGREEMENT-11/10/00 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 format or both. The LEAD AGENCY agrees to cooperate with the completing party. The LEAD AGENCY will use its best efforts to 􀁴􀁲􀁾􀁳􀁦􀁥􀁲 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, 􀁩􀁮􀁦􀁯􀁲􀁭􀁡􀁴􀁩􀁯􀁮􀁾 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 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 ofperformance ofthis MASTER AGREEMENT, without waiving any sovereign or governmental immunity MASTER AGREEMENT-11/10/00 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 􀁲􀁩􀁧􀁨􀁴􀁳􀁾 contractual or 􀁯􀁴􀁨􀁥􀁲􀁷􀁩􀁳􀁥􀁾 in or to any third persons or entities. Article VI. NOTIFICATION A. When notice is permitted or required by this MASTER AGREE:MENT, it shall be in writing and shall be presumed delivered when delivered in person or three (3) days subsequent to the date placed, postage prepaid, in the U. S. Mail, Certified or Registered, Return Receipt Requested and addressed to the parties at the following address. B. All notices and correspondence to County by City shall be mailed or delivered by hand as follows: Dallas County Public Works Donald R. Holzwarth, P.E., Director 411 Elm Street, Suite 400 Dallas, Texas 75202-3389 C. All notices and correspondence from County to City shall be mailed or delivered by hand as follows: [Title of Appropriate City Official] City, 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 SUPPLE:MENTAL AGREEl\IENT. 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 SUPPLElVIENTAL 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; MASTER AGREEMENT-11/10/00 6 2. ROAD or STREET AMENITIES including but not limited to street pavers, colored concrete, planters, decorative lightingJ special signage, or any other feature over the STANDARD BASIC PROJECT DESIGN; 3. UTILITY BETTERMENTS and ROAD or STREET AMENITIES,:. 4. CITY PROJECT TEAM participation or project management (if the CITY has LEAD AGENCY Responsibility) Direct Costs which are not supported by a detailed hourly accounting system; 5. CITY Indirect Costs. When mutual written agreement has been reached as to PROJECT limits by COUNTY and CITY at the Predesign Charrette, City agrees to acquire right-of-way required for designated projects by voluntary dedication, the subdivision platting process and/or other legal means, to the maximum extent possible, and to ensure through the building permitting process that setback requirements are imposed to limit encroachment upon the required right of way. CITY agrees to fund ROW not acquired but reasonably expected to be. CITY also agrees to fund the removal of improvements that are encroachments within existing or proposed right 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 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 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 detennination or other requirement shall be paid in full by CITY. F. _CITY shall require the adjustment and/or relocation ofUTnJTIES 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 MASTER AGREEMENT-11/1 DIDO 7 the problem resolution with the goal to prevent delays In the commencement or prosecution of construction 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, 􀁡􀁦􀁴􀁥􀁾 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 BETTER1v1ENTS. Except as provided 􀁨􀁥􀁲􀁥􀁩􀁮􀁾 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 UTll...ITY. Any PROJECT delay or other damages caused by CITY UTllJTY'S failure to timely relocate or adjust the facility shall be at the entire cost of CITY. H. To provide for contInuIng surveillance and control of right of way to prevent the construction, placement, storage or encroachment of any 􀁳􀁩􀁧􀁮􀁳􀁾 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 of removal or relocation ofsaid encroachment. I. To provide to COUNTY for 􀁃􀁏􀁕􀁎􀁔􀁙􀁾􀁓 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 detennined 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. 1. 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 􀁲􀁥􀁶􀁩􀁥􀁷􀀧􀁾 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 UTll."lTY BETTER1v1ENTS, 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 􀁃􀁉􀁔􀁙􀁾s cost for the continuing maintenance of all PROJECT ROW, such as mowing, 􀁤􀁲􀁡􀁩􀁮􀁡􀁧􀁥􀁾 trash removal, etc., during the period between acquisition and construction. MASTER AGREEMENT-II/IO/OO 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 AlvIENlTIES 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 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 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 􀁭􀁥􀁥􀁴􀁩􀁮􀁧􀁾 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 􀁲􀁥􀁱􀁵􀁥􀁳􀁴􀁥􀁤􀁾 to provide information related to the PROJECT to CITY or CITY'S designee at no cost to the CITY. F. COUNTY agrees to provide timely review of interim submittals and hereby agrees that if no review notes are submitted by COUNTY (if CITY is filling the role as PROJECT MANAGER) in writing to CITY, plans are approved as submitted. "Timely review" will be agreed upon during the PREDESIGN CHARRETTE, as part of the project schedule. G. To submit final engineering plans for review and written approval by CITY at least thirty (30) days prior to advertising for construction. H. To provide for the acquisition, including acquisition by Eminent Domain, of the necessary additional right of way, on designated projects, in accordance with minimum standard requirements and utilizing existing public right of way to the maximum extent possible as a PROJECT cost. I. To require all contractors to secure all necessary permits required by CITY on said construction 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 SUPPLE:MENTAL 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 SUPPLE:MENTAL AGREEMENT. MASTER AGREE1vIENT-11/10/00 10 Article X. PREDESIGN CHARRETTE A. CITY and COUNTY, as specified in Articles VII and IX, respectively, will designate officials or representatives to participate in a Predesign Charrette to be conducted on a mutually agreeable date and location. At least part of this meeting will be conducted on the PROJECT site. B. Results from Predesign Charrette will identify the general project scope and the general preferred alignment of the project, and project administration and management roles, to include the PROJECT MANAGER. Additionally, key project team participants shall be identified at the Predesign Charrette . C. At the conclusion of the Predesign Charrette a SUPPLEMENTAL AGREEMENT shall be produced which outlines the identified roles and scope for the Project. Article XI. FUNDING A. CITY and COUNTY mutually agree to proportionately fund the DIRECT PROJECT & PROGRAM costs as agreed by the parties in a SUPPLEMENTAL AGREEMENT. Unless otherwise specified in the SUPPLEivIENTAL AGREEl\1ENT, COUNTY shall bear fifty fifty percent (50%) of the total DIRECT PROJECT & PROGRAM costs excluding the ROAD OR STREET A1VIENITIES, relocation or adjustment of CITY 􀁕􀁔􀁬􀁬􀀢􀁉􀁔􀁉􀁅􀁓􀁾 UTll..ITY BETTERMENT, INDIRECT 􀁃􀁏􀁓􀁔􀁾 DIRECT COST not supported by detailed hourly accounting system and other items as specified in this MASTER AGREEl\ffiNT or any SUPPLEIvlENTAL AGREEivIENT. COUNTY shall not be responsible for any amount of funding in excess of the PROJECT not-to-exceed amount as shown in the PROJECT SUPPLElVIENTAL AGREEMENT. Unless otherwise specified in the SUPPLEMENTAL AGREElVIENT, CITY shall bear fifty percentage (50%) of all DIRECT PROJECT AND PROGRAM costs. In addition City agrees to fund all other City cost as provided herein, including, but not limited to, ROAD OR STREET A1VIENITIES, relocation or adjustment -of CITY UTILITIES, UTILITY 􀁂􀁅􀁔􀁔􀁅􀁒􀁬􀁶􀀱􀁅􀁎􀁔􀁾 INDIRECT COST, DIRECT COST not supported by detailed hourly accounting system and other items as specified in this MASTER AGREElVIENT or any SUPPLErvIENTAL AGREEMENT. B. Unless otherwise stated in a SUPPLErvIENTAL AGREErvtENT, the milestones for each project shall be (1) preliminary and primary design (2) right-of-way acquisition and utility relocation or adjustment and (3) construction. The LEAD AGENCY shall prepare an estimated cost for each milestone. Upon approval of the cost by the other party, each party shall fund its share of the respective milestones by placing that amount of money in an escrow account or otherwise encumber the funds to insure that the LEAD AGENCY will have sufficient funding available from current revenue for the timely payment of PROJECT milestone costs. The LEAD AGENCY may bill the other party for periodic payments for the actual amount of work completed toward the completion ofthe milestone. Upon completion of the 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 AGREEIv1ENT, neither party will be required to award any contract until written certification has been received that funding fOF·the·,pF0jeet--has been eertified--in-wr-itiflg-·ta--have-been placed MASTER AGREE:NIENT-11/10/00 11 in escrow or encumbered 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 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 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 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 SUPPLE:MENTAL AGREEMENT, CITY shall escrow an amount adequate for initial project costs which COUNTY may use to pay for initial professional services required for scoping) preliminary) and primary design. Article XII. NO THIRD-PARTY BENEFICIARY ENFORCEMENT. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement and all right of action relating to such enforcement shall be strictly reserved to CITY and COUNTY and nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other person on this Agreement. It is the express intention of CITY and the COUNTY that any entity other than CITY or the COUNTY receiving services or benefits under this agreement shall be deemed an incidental beneficiary only. This Agreement is intended only to set forth the contractual right and responsibilities ofthe 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 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 AGREE1v1ENT. 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-11/10/00 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 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. 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. DefauJt/WaiverlMitig ation. It is not a waiver of default if the non-defaulting party fails to declare immediately a default or delays in taking any action. Pursuit of any remedies set forth in this Agreement does not preclude pursuit of other remedies in this Agreement or provided by law. E. Federal or State of Texas Funding. In the event that any work or part thereof is funded by State of Texas or U. S. Government funding and any statute, rule, regulation, grant, contract provision or other State of Texas or U. S. Government law, rule, regulation or other provision imposes additional or greater requirement(s) than stated herein, City agrees to timely comply therewith without additional cost or expense to County. F. Headings. The titles which are used following the number of each paragraph are only for convenience in locating various provisions ofthis AGREEMENT and shall not be deemed to affect the interpretation or construction of such provision. G. Number and Gender. Words of any gender used in this AGREEl\1ENT shall be held and construed to include any other gender; and words in the singular shall include the 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. MASTER AGREElvIENT-11/10/00 13 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 agreement pursuant to Commissioners Court Order Number and passed on the__day of _ 200 . CITY OF-----------BY􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭 TITLE ATTEST􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭 CITY SECRETARY \ ATTORNEY MASTER AGREEMENT-ll/10/00 COUNTY OF DALLAS BY-------------LEE JACKSON, COUNTY JUDGE APPROVED AS TO FORM: John Dahill, Advisory Chief, Civil Section Dallas County District Attorney 14 -􀁾 . --.. .,-. _. ,. -'-, -􀁾 --, -􀁾 --DALLAS COUNTY PlTBLIC WORKS CAPITAL IMPROVEMENT PROGRAM 5 PHASE PROJECT DELIVERY SYSTEM October 13, 2000 PHASE 1 --PLANNING & PRELIMINARY DESIGN STEP TWO, PRELIMINARY DESIGN • Decision on use of Subsurface Utility Enaineering (SUE) will be made after the Charrette, before initiating design. SUE determination should take funding sources into account. Hopefully our partners, including utilities, will be willing to participate. This information will be critical for designers to use as they launch the design. • County, city, or joint team of in-house designers or selected AJE firm begins initial design. Objective is to resolve all alignment issues, in close partnership with all stakeholders. Preliminary surveying requires estimating centerline and ascertaining existing ROW. County PM and Inspectors will assure an effective Constructibility Review is completed. In most projects a consultant will be brought in as early as possible in Phase I with the possibility for an amendment to the contract after concept design is complete. City partners will be involved in the selection process. The decision to amend the contract for completion of the Primary Design will be made after an interim evaluation is completed using the County's consultant evaluation system. • Phase 1 ends with approved preliminary alignment and profile and preliminary sizing of bridges and drainage structures along with SUE determination. Preliminary environmental or permitting investigations will have begun. Basically the level ofeffort will approximate that required of the Preliminary Schematic and Environmental Assessment Phase that currently is required on the STPIMlv1 projects. PHASE 2 --PRIMARY DESIGN • Negotiation of amendment to contract with consultant for Primary Design is the initial task, with Scope ofWork now well defmed by all Phase 1 effort and includes geo tech, utility analysis or SUE early in the process. Part of negotiations includes defmitive delivery dates for various phases and reVIews. • Consultant works closely with all stakeholders --under the guidance and direction ofthe County PM, in a partnering mode. Any available internet-based Proj ect Management tools, including extranets, will be used to optimal effect during the life of the project. • Constructibility reviews will be incorporated at key points during design. • Environmental analyses and neighborhood public workshops are to be included during this phase. • Traffic and Utilities data will be considered in design, with data from partner city, County, NCTCOG, or consultant. Agreed upon level ofS.U.E. will be key input into design details. • Any required environmental impact analysis will be included in this phase. Common sense will be used to address significant issues without wasting time on clearly 􀁵􀁮􀁩􀁭􀁰􀁯􀁲􀁴􀁾􀁴 areas. The goal is to execute environmentally sustainable development that improves the overall quality oflife ofour joint customers, the transportation users and citizens of Dallas County and the partner city. • Early involvement on ROW issues will be important, and early provision of ROW documents will be a critical milestone ofthe design contract. • PM completes interim evaluation of consultant PHASE 3 -DESIGN COMPLETION & RIGHT-OF-WAY INITIATION • Begins with the delivery of the R-O-W documents to the County by the consultant. Standards and scheduling will be clearly spelled out in writing within Consultant's contract. County or City ROW functional manager works to assure efficient execution ofROW planning and execution services, as part of the Project Matrix Team. This includes management of ROW Services IDIQ contract, if this delivery tool is used. • County or City Project Manager monitors and tracks progress. Resolves issues as they develop, keeping all stakeholders in the net, using e-tools and networking. Any available internet-based Project Management tools, including extranets, will be used to optimal effect during the life ofthe project. • ROW acquisition begins, using in-house or ROW consultant on IDQ contract. PM works closely with ROW functional people to assure all acquisition activities stay on track, issues are brought to conclusion, logical design changes are made, etc. PM uses Matrix Team and assures appropriate leadership required to assure project delivery dates are met. • County decides, in consultation with other stakeholders, the packaging ofthe construction contract (early enough to preclude re-work by consultant). • Consultant to make minor changes resulting from property owner requests. • Design consultant completes work on provided schedule, however, in rare instances may be asked for expert testimony at Eminent Domain hearings. • County and Partners evaluate Consultant using standard evaluation. system. Consultant is given opportunity to evaluate Countys project management process, also. PHA8...E 4 -ROW & Utility Adjustment • ROW acquisition is carried to completion. • We will use partnering principles as well as results ofS.V.E. to assure utility adjustments are accomplished in time to keep scheduled project advertisement and contract award dates. • County or City Project Manager tracks and resolves issues and work and schedules, using Matrix Team. • All work is done to prepare project for letting (Ready to Advertise). • City works as part ofMatrix Team to expedite utility relocations. • Consultant may be kept on call for unique projects or if required to complete requested Engineering During Construction (EDe) services, such as shop drawing submittal review. PHASE 5 --CON8..TRUCTION • Project is advertised and bids opened. • Final Supplemental City County Agreement is completed with each Partner giving approval offinal funding on a timely basis. • Construction contract is awarded and notice to proceed is given. • Partnering & pre-construction meeting scheduled, planned, and executed with key stakeholders in attendance. • Construction proceeds on schedule with Construction Management services provided by County or city partner. Partnering principles and spirit of Partnering (Trust, Commitment, and Shared Vision) are maintained throughout the project construction phase. • As-builts are provided for ultimate owner from marked-up construction plans. • Project is fonnally turned over to the City for maintenance. • Evaluations are completed in fmal form on consultant, using interim evaluation results. . • Close out project report including lessons learned. These will be captured by using an After Action Review (AAR) session with the entire Project Matrix Team. • Conduct one year follow up inspection in conjunction with all applicable stakeholders ,.- DALLAS COUNTY PUBLIC WORKS DALLAS COllNTY 2001 MCIP TlMELINE MILESTONE Kickoff Meeting . Application Submittal Deadline Preliminary Evaluation Completed Cities' Review ICommentary Deadline Final Evaluation and Ranking . Final Selection and Court Approval TARGETDATE January 31,2001 Apri127, 2001 (4pm) June 29, 2001 July 29, 2001 August 17, 2001 October 30, 2001 411 8m Street, 4th Aoor . . Dallas. 􀁔􀁾􀁸􀁡􀁳 75202 DALLAS COUNTY PUBLIC WORKS 31 January 2001 MAJOR CAPITAL IMPROVEMENT PROGRAM PROGRAM YEAR 2006/2007 PRELIMINARY ESTIMATES BASIC ASSUMPTIONS: • Gently rolling terrain • 8 inch thick TxDOT CPCD_concrete pavement wi monolithic curbs over 6 inch thick lime or cement treated subgrade at 7%. Actual pavement structure thicknesses will usually be based on soil tests and AASHTO design procedure using the legal load limit (80,000 lb.) • Minimal lowering ofthe profile finished grade -only low enough to receive water entering the project. • Minimal fill • An enclosed concrete stonn sewer system • An average of9.2 median openings/street intersections per mile • An average of 3.7 cross drainage structures per mile • No bridges are included in the costs below. All new bridges and approaches should be 2 feet above the 100 year flood elevation • No design or preliminary costs are included in the costs below 411 Elm Street, 4th Floor DaJlas, 􀁔􀁾􀁸􀁡􀁳 75202 preJimest2.wdl PRELIMINARY ESTIMATED COSTS 􀁾 New 4 lane divided concrete C&G roadway wi storm sewer $650. plf 􀁾 New 6 lane divided concrete C&G roadway wi storm sewer $750. plf > New 2 lane concrete C&G road"way \vl storm se\ver $325. plf 􀁾 New Slane (continuous left turn lane) concrete roadway wI storm sewer . $700.plf 􀁾 Widen from 4 lane divided concrete to 6 lane divided concrete C&G roadway wI storm sewer. Widen on inside -no additional storm sewer $125. plf 􀁾 Widen from 4 lane undivided concrete to 6 lane divided concrete C&G roadway wi storm sewer $ 1,220, plf 􀁾 Remove existing 2 lane asphaltic pavement. Build new 4 lane divided concrete C&G roadway wI storm sewer $675.plf 􀁾 Remove existing 2 lane asphaltic pavement. Build new 6 lane divided concrete roadway wI storm sewer $775. plf 􀁾 Any new bridges can be estimated at $61. per square-foot provided that the structure can be built as a TxDOT standard CGC ("pan form") structure wI max 30 foot spans. Other designs must be individually estimated 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 Interlocal Agreement, hereinafter called MASTER AGREEMENT, for the purpose of Transportation hnprovements 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 2000-211 7, 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 authoriiation for local governments to enter into interlocal agreements; and NOW THEREFORE, TillS AGREEMENT, is hereby made and entered into by CITY and COUNTY for the mutual consideration stated herein: AGREEMENT Article I. all purposes. DEFINITIONS: The following definitions are incorporated into this agreement fOf a) AMENDMENT shall mean a written document executed by all parties detailing changes, additions or deletions in the MASTER AGREEl\ffiNT. b) CITY shall mean the City of t County ofDallas, State ·ofTexas. 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-11/10/00 1 compensation of employees for the time devoted and identified specifically to the performance of the project or program, cost of materials acquired, consumed or expended specifically for the purpose of the project or program; equipment changes; damage claims and other approved capital expenditures; change orders; damage claims; travel expenses incurred specifically to carry out the project including, but not limited to, design, right-of-way, road or street drainage, utility relocation and adjustment and construction. Direct Cost does not include either CITY or COUNTY general overhead. e) EFFECTIVE DATE shall mean the date of the signature of the last person necessary for this MASTER AGREElVIENT 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 AGREE:MENTS shall mean contracts or agreements entered into between CITY and COUNTY in accordance with Texas Government Code Chapter 791 . h) LEAD AGENCY shall mean that entity responsible for project management, including, but not limited to planning, design, right-of-way acquisition, approved utility relocation or adjustment and construction. i) MASTER AGREEMENT shall mean this document including all incorporated documents, attachments, and exhibits. j) MEMORANDUM OF AGREEMENT (MOA) shall mean a written document which incorporates the results of the PREDESIGN CHARRETTE. Said MOA shall at a minimum identify the overall funding scheme, and basic scope of the PROJECT. k) PARCEL OR PARCELS shall mean those tracts of land and improvements located either wholly or partially thereon, identified by COUNTY, CITY or other STAKEHOLDER as required for right-of-way requirements of the PROJECT. Such Right-of-way shall include both the existing street, road, drainage or other CITY or COUNTY real property ownership and all additional real property to be utilized for the PROJECT. 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 :rvIEMORANDUM OF AGREE?v1ENT 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 and/or other applicable STAKEHOLDERS. p) ROAD or STREET AMENITY shall mean PROJECT features not included in the STANDARD BASIC PROJECT DESIGN including but not limited to street pavers, colored concrete, planters, irrigation, decorative lighting, special signage, or any other feature above and beyond the MASTER AGREEMENT-11/10/00 2 STANDARD BASIC PROJECT DESIGN or any increase in capacity in excess of COUNTY detennmed requirements based on anticipated future traffic flow. q) RIGHT OF WAY (ROW) shall mean that real property, (either existing, or required in fee andJ 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 AMENITIES, or such design criteria as may be mutually agreed upon in a project specific SUPPLEMENTAL AGREEMENT. (s) SUPPLEMENTAL AGREEMENT shall mean an agreement subsequent to this document which is entered into to establish the contractual rights and responsibilities of the CITY and COUNTY as it relates to the PROJECT. (t) STAKEHOLDER shall mean any governmental or quasi-governmental entity making a financial contribution to the PROJECT. (0) 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 ofsatisfactorily documented pre-existing real property ownership. 00 UTILITY BETTERMENT shall mean any increase in the capacity of any UTILITY'S Facility adjusted or relocated as a part of the PROJECT as compared to the existing Facility, or any upgrading of the UTILITY'S Facility above the standard; practices, devices or materials, specified by the UTILITY and customarily used by CITY or UTILITY on projects solely financed by CITY or UTILITY. Provided, however, that any upgrading necessary to successfully accomplish the PROJECT shall not be considered a Betterment, and further, that any increase in the capacity of the Utility Facility resulting solely from the replacement of devices or materials no longer regularly manufactured, processed or installed shall not be considered a Betterment, provided that such replacement shall be only to the standard devices or materials currently used on other projects financed solely by CITY or UTILITY. This meaning shall apply to utilities that are part of the project as well as the standard basic street components (See "STANDARD BASIC PROJECT DESIGN"). MASTER AGREEMENT-11/10/00 3 Article II. PERIOD OF THE AGREEMENT This MASTER AGREEMENT becomes effective when signed by the last party whose signing makes the respective agreement fully executed (The "Effective Date"). This MASTER AGREEMENT shall be an annual agreement and shall automatically renew without further action by either party unless or until tenninated as provided in Article IV (Termination) or the expiration often (10) years, whichever shall first occur. Article III. AMENDMENTS This Master Agreement may be amended with the mutual consent of the CITY and COUNTY. Any amendment must be in writing and approved by the parties' respective governing bodies. Article IV. TERMINATION, DEFAULT, TIME OF THE ESSENCE AND FORCE MAJEURE 1. TERMINATION A. This MASTER AGREEMENT may be terminated by any of the following conditions: (1) By expiration of term 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 oftennination to the other party as consequence of the party being in default of the provisions of this Agreement or any SUPPLEMENTAL AGREElVIENT or failure to timely provide funding, with proper allowances being made for circumstances beyond the control of the defaulting party. (4) By either party with ninety days written notice to the other party. B. Should either party terminate this MASTER AGREEMENT as herein provided, all existing, fully executed SUPPLEMENTAL AGREEMENT made under this MASTER AGREEMENT shall not be terminated and shall automatically incorporate all the provisions ofthis MASTER AGREEMENT. C. In the event that any SUPPLEMENTAL AGREEMENT is tenninated prior to completion of the PROJECT, no additional Costs shall be incurred other than Costs due and payable at the time of termination for services actually performed or that shall become due and payable due to such termination. The LEAD AGENCY, to the extent pennitted, 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 tenninated by the CITY prior to the award of any construction contract and the PROJECT is located within the CITY limits, CITY shall pay to COUNTY the full amount expended by COUNTY on the project and COUNTY shall transfer to CITY its rights and all deliverables that it may be entitled to receive under the existing professional services or other project contracts or agreements. Such amount shall be included in the final accounting for the PROJECT. Such amount shall be due and payable in full ninety MASTER AGREEMENT-11/10/00 4 (90) days subsequent to the tennination, 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 AGREE:MENT 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 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 efforts to insure a transition of services without interruption G. Either party shall have the right to retain copies of all data, information, engineering, studies, or other items produced to the date of termination. H. Provisions B through G will survive the termination of this MASTER AGREEMENT and any SUPPLEMENTAL AGREEMENT and shall be a continuing obligation until the transition of services, all payments made and the PROJECTS are complete. All items listed or required in this provision shall be furnished by LEAD AGENCY to completing party without additional cost or expense to completing party. 2. FORCE MAJEURE: Neither COUNTY nor CITY shall be deemed in violation of this Contract if it is prevented from performing any of its obligations hereunder by reason of, for or through strikes, stoppage of labor, riot, fire, flood, invasion, insurrection, accident, order of court, judge or civil authority, an act of God, or any cause reasonably beyond the party's control and not attributable to its neglect. In the event of such an occurrence the time for perfonnance of such obligations or duty shall be suspended until such time that such inability to perfonn, shall be removed. The party claiming the suspension shall give notice of such impediment or delay in perfonnance to the other party within ten (10) days of the lmowledge 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 available to either COUNTY or CITY under Texas law and without waiving any "available defenses under Texas law. Nothing in this paragraph shall be construed to create or grant any rights, contractual or otherwise, in or to any third persons or entities. MASTER AGREEMENT-11/10/00 5 Article VI. NOTIFICATION A. When notice is 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, Return Receipt Requested and addressed to the parties at the following address. B. All notices and correspondence to County by City shall be mailed or delivered by hand as follows: Dallas County Public Works Donald R. Holzwarth, P.E., Director 411 Elm Street, Suite 400 Dallas, Texas 75202-3389 C. All notices and correspondence from County to City shall be mailed or delivered by hand as follows: [Title of Appropriate City Official] City, 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%/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 0(: 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 Al\ffiNITIES including but not limited to street pavers, colored concrete, planters, decorative lighting, special signage, or any other feature over the STANDARD BASIC PROJECT DESIGN; MASTER AGREEMENT-11/10/00 6 3. UTILITY BETTERMENTS and ROAD or STREET AMENITIES.=. 4. CITY PROJECT TEAM participation or project management (if the CITY has LEAD AGENCY Responsibility) Direct Costs which are not supported by a detailed hourly accounting system; 5. CITY Indirect Costs. When mutual written agreement has been reached as to PROJECT limits by COUNTY and CITY at the Predesign Charrette, City agrees to acquire right-of-way required for designated projects by voluntary dedication, the subdivision platting process and/or other legal means, to the maximum extent possible, and to ensure through the building permitting process that setback requirements are imposed to limit encroachment upon the required right of way. CITY agrees to fund ROW not acquired but reasonably expected to be. CITY also agrees to fund the removal of improvements that are encroachments within existing or proposed right 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 to obtain such right-or-way as described above, CITY shall notify COUNTY of such conflict. COUNTY and CITY shall detennine if the acquisition of the conflicting parcel would be in the best interest of the PROJECT. In the event that agreement is reached and the parcel is acquired such cost shall be included in the pro rated cost of the project in the agreed upon proportions. CITY hereby grants the COUNTY authority to enter into eminent domain proceedings within the city limits on each specific right ofway 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 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-confonning use detennination or other requirement shall be paid in full by CITY. F. _CITY shall require the adjustment and/or relocation of UTILITIES to be accomplished and finalized, as expeditiously as possible after approval of final plans to prevent PROJECT . schedule delays. Notwithstanding anything contained herein to the contrary, all UTILITIES shall be adjusted or relocated and the right-of-way clear for construction not later than thirty (30) days prior to the award of the construction contract. CITY will notify the COUNTY and other 8TAKEHOLDERS 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. MASTERAGREEMENT-ll/I0/00 7 G. Where new stonn drainage facilities are in conflict with CITY owned water and sanitary sewer systems, and the stonn 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%) of any BETTERMENTS. Except as provided herein, all costs for adjustment and/or relocation of utilities in the public right of way shall be the responsibility of the Utility Owner or of the CITY UTILITY. Any PROJECT delay or other damages caused by CITY UTILITY'S failure to timely relocate or adjust the facility shall be at the entire cost of CITY. . H. To provide for continuing surveillance and control of right of way to prevent the construction, placement, storage or encroachment of any signs, personal property or other appurtenances in the right of way. In the event that the aforementioned features are allowed by CITY to encroach on necessaryROW during the duration ofthe project, CITY shall bear the entire cost of removal 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 detennined by COUNTY to be required for the completion of the PROJECT. Additionally, CITY shall furnish COUNTY, at no cost, such documents as necessary to keep all items previously furnished to County current. J. Actively participate and provide authorized representation with decision making power at PREDESIGN CHARRETTE, preconstruction meeting, partnering meetings and project team meetings which are necessary to project development/completion and fiduciary relationships. K. CITY agrees to provide timely review of interim submittals. ''Timely reviewu 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. MASTERAGREEMENT-l1/10/00 8 N. Subsequent to the completion of a PROJECT, that the CITY will be responsible for all future maintenance, operation and control of the PROJECT, without cost or contribution from the COUNTY. O. Bear the entire cost of design, construction and administration for landscaping, streetscaping, streetlighting, as such items are not included in the STANDARD BASIC PROJECT DESIGN and other ROAD OR STREET ArvrnNITIES 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 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 projeet, the COUNTY (or CITY if acting as the LEAD AGENCY) will, after submission by utility company of right of way documentation and cost estimates acceptable to the CITY, COUNTY and other STAKEHOLDERS, assign the actual costs for the relocation and/or adjustment of said utility to the PROJECT. B. In cases where a UTILITY IN PUBLIC RIGHT-OF-WAY, excluding CITY UTILITIES, occupies any portion of the PROJECT RIGHT-OF-WAY by Texas or Federal Law or by agreement with the CITY that allows or permits the CITY to cause the relocation of the utility for the construction of the project, the CITY shall timely require and enforce the relocation or adjustment requirement at no cost to the project. In the event that the CITY has no legal or contractual right to cause the relocation, the relocation or adjustment shall be relocated or adjusted and all cost shall be a Project Cost. CITY shall take all steps necessary to insure that such relocation or adjustment shall not conflict with or delay the PROJECT schedule. Article IX. COUNTY AGREES AS FOLLOWS: A. To provide as a PROJECT Cost preliminary engineering which will define project details, e.g., location, scope of work and specific right of way alignment for each improvement. Such preliminary engineering shall be submitted to the CITY for approval, prior to proceeding with the final design and any right ofway acquisition. B. To provide as a PROJECT Cost for the construction of transportation improvements based upon design criteria confonning to STANDARD BASIC PROJECT DESIGN in conformity with applicable CITY ordinances and standards, to the extent of Commissioners Court approved program funding. Scope of work shall include the agreed MASTER AGREEMENT-11/10/00 9 upon design standards as the basis for improvement criteria. Deviations from mutually agreed upon application of CITY standards and/or design criteria shall require prior approval of CITY. Where CITY standards do not exist, TxDOr standards as of the EFFECTIVE DATE of this MASTER AGREEMENT shall be utilized unless otherwise mutually agreed by SUPPLEMENTAL AGREEMENT. C. To actively participate and provide authorized representation at PREDESIGN CHARRETTE , preconstruction meeting, partnering meetings and project team meetings which are necessary to project development and completion and fiduciary relationships. D. To provide project management of each Project where County is LEAD AGENCY from commencement to completion of construction. CITY and COUNTY may further agree by mutual consent to redefine project management roles as beneficial to the PROJECT as defined in the MOA and SUPPLEMENTAL AGREEMENTS. E. Upon receipt of written request detailing the information requested, to provide infonnation 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, 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 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 AGREE:MENT. All COUNTY payments shall be in accordance with COUNTY Poliqies and Procedures or as may be mutually agreed between the parties and incorporated in a SUPPLEIv.ffiNTAL AGREEivIENT. MASTERAGREEMENT-ll/I0/00 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 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 SUPPLEiv1ENTAL 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 SUPPLE:tvIENTAL AGREE:tvIENT. Unless otherwise specified in the SUPPLEIvIENTAL AGREEMENT, CITY shall bear fifty percentage (50%) of all DIRECT PROJECT AND PROGRAM costs. In addition City agrees to fund all other City cost as provided herein, including, but not limited to, ROAD OR STREET AMENITIES, relocation or adjustment of CITY UTILITIES, UTILITY BETTERMENT, INDIRECT COST, DIRECT COST not supported by detailed hourly accounting system and other items as specified in this MASTER AGREEMENT or any SUPPLEMENTAL AGREEMENT. B. Unless otherwise stated in a SUPPLEIvlENTAL SUPPLEIvlENTAL AGREEMENT, the milestones for each project shall be (1) preliminary and primary design (2) right-of-way acquisition and utility relocation or adjustment and (3) construction. The LEAD AGENCY shall prepare an estimated cost for each milestone. Upon approval of the cost by the other party, each party shall fund its share of the respective milestones by placing that amount of money in an escrow account or otherwise encumber the funds to insure that the LEAD AGENCY will have sufficient funding available from current revenue for the timely payment of PROJECT milestone costs. The LEAD AGENCY may bill the other party for periodic payments for the actual amount of work completed toward the completion ofthe milestone. Upon completion ofthe 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 SUPPLEMENT AGREEl\ffiNT, neither party will be required to award any contract until written certification has been received that funding has been placed in escrow or encwnbered for the payment of the non-awarding party's portion of the PROJECT cost. MASTERAGREEMENT-l1/10/00 11 C. In the event that the cost of the PROJECT shall exceed the not-to-exceed amount, CITY and COUNTY agree to either reduce the scope of construction or seek additional funding to complete the PROJECT at the agreed upon cost share percentages. At the tennination 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 SUPPLElv.lENTAL 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 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 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 XlV. 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 SUPPLEIvIENTAL AGREE:tv1ENT. 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 ofthe State of Texas and exclusive venue shall be in Dallas County, Texas. Notwithstanding anything herein to the contrary, this Agreement is MASTER AGREEMENT-11/10/00 12 expressly made subject to County's Sovereign Immunity, Title 5 ofTexas Civil Practice and Remedies Code, and all applicable State of Texas and Federal laws. B. Entire Agreement. This Agreement, constitutes the entire agreement between the parties hereto and may not be modified except by an instrument in writing executed by the parties hereto as herein provided. C. Severability. If any provision 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. DefaultIWaiverlMitigation. 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 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 of Texas or U. S. Government funding and any statute, rule, regulation, grant, contract provision or other State of Texas or U. S. Government law, rule, regulation or other provision imposes additional or greater requirement(s) than stated herein, City agrees to timely comply therewith without additional cost or expense to County. F. Headings. The titles which are used following the number of each paragraph are only for convenience in locating various provisions ofthis AGREEMENT and shall not be deemed to affect the interpretation or construction of such provision. G. Number and Gender. Words ofany 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 maybe executed in multiple counterparts, each ofwhich shall be deemed an original, but all ofwhich shall constitute one and the same instrument. MASTERAGREEMENT-l1/10/00 13 The City of -...J. State ofTexas, has executed the Agreement pursuant to duly authorized City Council Resolution 􀁾􀁾__􀁾􀀬 MiDutes ....;Dated the The County ofDaUas, State ofTexas, has executed this agreement pursuant to Commissioners Court Order Number and passed on the__day of 􀁾 CITY OF 􀁾􀁟 By -___ TITLE 􀁁􀁔􀁔􀁅􀁓􀁔􀁟􀁾 􀁾__ CITY SECRETARY \ ATTORNEY MASTERAGREENIENT-l1/10 /00 COUNTY OF DALLAS BY -------___ LEE JACKSON, COUNTY JUDGE APPROVED AS TO FORM: 14 Kick -OffMeetIng with City ofAddison December 11, 2000 􀁾􀁾􀁄􀁡􀁬􀁬􀁡􀁳 County--Public Works 􀁾GO 􀁾 􀁾􀁦􀀡􀁊􀁡􀁪􀁯􀁲 Capital Improvement 􀁜􀁦􀀾􀁾􀁾􀀻􀀻􀁟􀁾 z¢o/Program (Me Public Works MCIP City of Addison Agenda • Overview ofMCIP • Status ofMCIP r.{) 􀁾 e-UJCft/UL z..-4J ( • Master ILA 􀁾􀁾􀁳 􀀩􀁾 veJJ ,,'\ '/ill tVv,fl'it'{ I fife '" \tV J • Implementation andProposed Schedule ofMCIP • Summary -Initial Identification ofLeadAgency and Pr.ject Team Public Works MCIP Status ofthe • Callfor Projects-PY04 andPY05 • Five Phase Delivery Process -Spring 00 • City Partnering Meeting -Oct 13 • Approval ofMCIP Project by Comm. Court -Oct 17 􀁾􀀮 MCIP ILA Approval by Comm. Court -Nov 14 • Submittal ofMCIP lLA to Cities -Nov 16 • A&EPolicy and Procedures Approval -Dec 00 • City Approval ofMCIP ILA -Jan 01 Public Works MCIP MasterILA • LeadAgency A-oe4 􀁾 .Predesign Charette 􀁍􀁥􀁥􀁴􀁩􀁮􀁧􀁾􀀢􀀧􀁾􀀢􀀢􀀢 􀀢􀁾􀀢􀀬􀀻􀁾 􀁲􀀺􀁥􀁳􀁻􀁴􀁩􀁾 .p'ey l' g-vl 􀁾􀁁􀀭􀁾 􀀢􀀢􂂬􀀮􀁾􀁯􀁾 􀀦􀀯􀁾􀀩􀁾􀁍􀁅􀁍􀁏􀁒􀁁􀁎􀁄􀁕􀁍OF AGREEMENT(MOA) /PROJECTSPECIFICAGREEMENT -􀁾􀁾 􀁾􀁁􀁶􀁊 {J: A-l---:LeA 􀁾􀀭􀁾􀀮 •Project Manager Public Works -MCIP Implementation and • Execution of the MCIP ILA by Ci • Consultant Selections -Jan 01 • Schedule Pre-design Charrette Meeting/MOA ,-Jan !Feb 01 • Project Specific Agreements -Feb/Apr 01 • Commence Preliminary Designs -Jan /May 01 p Public Warks MCIP -Selection of Lead -Establish Project Team -Designate Project Manager Midway Road City of Addison j.#/("s.t)tV .-P, G • 􀁾􀀯􀀹􀀬 􀁾􀁫􀀧􀀢 .A (l'V/V Project #44 Dallas County Major Capital Improvement Plan N W*E s Map By: Kevin S. Burns Chief Cartographer Dallas County Public Works 􀁩􀁬􀁾􀁬􀁰􀁾􀀺􀁾􀀮 􀀧􀁩􀁊􀀧􀁲􀁾􀀢􀀢􀀧􀀺􀀱 r 􀀧􀁩􀁌􀀡􀀬􀀡􀀻􀁾􀀩 􀀮􀀱􀀱􀀺􀁾􀀬􀀺􀀺􀀱 ". "" .tt. ,;:. 0.2 BeJt Line Road City of Addison Project #45 Dallas County Major Capital Improvement Plan N W*E s Map By: Kevin S. Burns ChIef Cartographer Dallas County Public Works Arapaho Road /ft(Jt-He 0 􀁲􀀻􀁾 City of Addison f J (J, 􀁾􀁾 P 􀁴􀁊􀁾 Project #46 Dallas County Major Capital Improvement Plan N W*E s Map By: KevIn S. Burns Chief Cartographer Dallas Counly Public Works Dallas Parkway City of Addison Project #47 Dallas County Major Capital Improvement Plan N W*E s Map By: Kevin S. Burns Chle' Cartographer Dallas County Public Wor1