RESOLUTION NO

RESOLUTION NO. 2019-056

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUNCANVILLE, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A THIRD AMENDMENT TO THE PROJECT SPECIFIC AGREEMENT,

WINTERGREEN ROAD MCIP PROJECT NUMBER 47302, WITH

COUNTY,

DALLAS ATTACHED HERETO AND INCORPORATED

HEREIN AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, pursuant to Dallas County Commissioners Court Order 2011-2034 dated November 22, 2011, the County acting by and through the Dallas County Commissioners Court and the City entered into a Master Agreement to jointly fund transportation improvement projects within Dallas County; and

WHEREAS, pursuant to Dallas County Commissioners Court Order 2015-1681, dated December 01, 2015, County and City entered into a Project Specific Agreement (PSA) for the Project; and

WHEREAS, pursuant to Dallas County Commissioners Court Order 2016-0148, dated February 02, 2016, County and City entered into a First Amendment to the Project Specific Agreement (PSA) for the Project; and

WHEREAS, pursuant to Dallas County Commissioners Court Order 2018-0441, dated April 03, 2018, County and City entered into a Second Amendment to the Project Specific Agreement (PSA) for the Project; and

WHEREAS, the County has entered into separate agreements with the City of DeSoto, the City of Cedar Hill, and the City of Dallas; and

WHEREAS, Chapter 791 of The Texas Government Code and Chapters 251 and 472 of the Texas Transportation Code provides authorization for local governments to contract with each other for the performance of governmental functions and services, as well as for joint funding of road or street projects; and

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUNCANVILLE, TEXAS, THAT:

SECTION 1. The Third Amendment to the Project Specific Agreement, Project 47302, to the Master Agreement Governing Major Capital Transportation Improvements Projects with Dallas County for purpose of constructing transportation improvements to the Wintergreen Road MCIP Project 47302, which is attached hereto and incorporated

SECTION 2. That the City of Duncanville approves the amended provisions of the Project in conformance with the Incorporated Documents to said Agreement; and

SECTION 3. That the City of Duncanville has allocated funds for this Project in conformance with the Agreement approved herein.

DULY RESOLVED AND ADOPTED by the City Council of the City of Duncanville, Texas, on the 16th day of July, 2019.

APPROVED:

_______________________________ Barry L. Gordon, Mayor

ATTEST:

_______________________________ Kristin Downs, City Secretary

APPROVED AS TO FORM:

_______________________________ Robert E. Hager, City Attorney

Third Amendment to the PSA City of Duncanville – Wintergreen Road MCIP 47302 Page 1 of 6 THIRD AMENDMENT

DALLAS COUNTY CAPITAL IMPROVEMENT PROGRAM PROJECT SPECIFIC AGREEMENT

TO THE MASTER AGREEMENT GOVERNING MAJOR CAPITAL TRANSPORTATION IMPROVEMENT PROJECTS

This Third Amendment to the Project Specific Agreement (“Third Amendment”) is entered into this day of , 2019, to amend the Project Specific Agreement (“PSA”) between the City of Duncanville, Texas, (the “City”), and the County of Dallas, Texas, (the “County”), for the Wintergreen Road MCIP Project 47302, from Main Street Intersection to 1300 feet East along Wintergreen Road and Main Street Intersection to 900 feet South along Duncanville Road, hereinafter called, “the Project”.

WHEREAS, pursuant to Dallas County Commissioners Court Order 2011-2034 dated November 22, 2011, the County acting by and through the Dallas County Commissioners Court and the City entered into a Master Agreement to jointly fund transportation improvement projects within Dallas County; and

WHEREAS, pursuant to Dallas County Commissioners Court Order 2015-1681, dated December 01, 2015, County and City entered into a Project Specific Agreement (PSA) for the Project; and

WHEREAS, pursuant to Dallas County Commissioners Court Order 2016-0148, dated February 02, 2016, County and City entered into a First Amendment to the Project Specific Agreement (PSA) for the Project; and

WHEREAS, pursuant to Dallas County Commissioners Court Order 2018-0441, dated April 03, 2018, County and City entered into a Second Amendment to the Project Specific Agreement (PSA) for the Project; and

WHEREAS, the County has entered into separate agreements with the city of DeSoto, the city of Cedar Hill, and the city of Dallas; and

WHEREAS, Chapter 791 of The Texas Government Code and Chapters 251 and 472 of the Texas Transportation Code provides authorization for local governments to contract with each other for the performance of governmental functions and services, as well as for joint funding of road or street projects; and

NOW THEREFORE, this Third Amendment is made by and entered into by the City and the County for the mutual consideration stated herein:

I . PURPOSE:

City and County both mutually agree to amend said PSA in accordance with the terms of the existing Agreement, except as modified below.

EXHIBIT "A"

Third Amendment to the PSA City of Duncanville – Wintergreen Road MCIP 47302 Page 2 of 6

I I . AMENDED PROVISIONS:

A. Article II, “Incorporated Documents” of the PSA shall be amended by replacing and adding the following:

3. Current Cost Estimate and Funding Sources, as shown in Attachment “B-2”, which is attached hereto and incorporated herein.

10. Project Map, as shown in Attachment “E”

11. The design plans sealed, signed, and dated September 26, 2018, and any amendments thereto incorporated herein by referenced as if fully reproduced herein word for word and number for number.

B. Article IV, “Project Description”, of this PSA shall be amended and is hereby revised in its entirety to read as follows:

This PSA is entered into for the construction of a 96-inch water transmission pipeline within the city limits of the city DeSoto and the city of Duncanville as well as for public transportation improvements within the city of Duncanville, city of DeSoto and city of Cedar Hill. The City of Dallas will own, operate, repair and maintain the water transmission pipeline. Phase I of the Project is defined as the Wintergreen Road MCIP Project 47302 from the Main Street and Wintergreen Road Intersection to 1300 feet east and from the Main Street and Wintergreen Road intersection to 900 feet South along Duncanville Road as more fully described in Attachment “E.” Phase II of the Project begins at the terminus of Phase I on Wintergreen Road continues 0.8 miles east to Cockrell Hill Road as more fully described in Attachment “E.” This Project will facilitate the movement of public transportation and aid water transmission to benefit both the City and County. The City has and hereby does give its approval for expenditure of County funds for the construction, improvement, maintenance, or repair of a street located within the municipality.

C. Article VI. Agreements, Section II City Responsibilities shall be amended by adding the following:

7. The City of Dallas shall own the water transmission pipeline and be responsible for maintaining the pipeline after the Project is complete.

D. Article VI. “Agreement”, Section IV. “Funding”, shall be and is hereby revised in its entirety to read as follows:

County and City mutually agree to proportionately fund the Direct Project and Program cost as follows:

1. Notwithstanding any provision in the Master Agreement, this PSA, any amendment thereto, or any other agreement between the parties regarding this Project, the total Project cost is estimated to be Ten Million, Eight Hundred Twenty Thousand One Hundred Eighteen Dollars and no cents ($10,820,118.00). County’s total obligation to this Project is to provide funding in the amount not to

Third Amendment to the PSA City of Duncanville – Wintergreen Road MCIP 47302 Page 3 of 6 exceed Four Million, Eleven Thousand Sixty Eight Dollars and no cents ($4,011,068.00), reduced by County share of in-house project delivery costs. 2. Project costs may include all County project delivery costs including but not

limited to preliminary scoping and research, preliminary design services, special services, primary design services, inspection, laboratory services and construction.

3. The City agrees to provide funding for the Project as indicated in the not to exceed amount of Three Hundred Ten Thousand Six Hundred Sixty Six Dollars and no cents ($310,666.00), of which Two Hundred Fifty Thousand Dollars and no cents ($250,000.00) is a credit to the City for costs incurred by the City in its acquisition of the real property located at 2130 South Main Street, Duncanville, Texas 75137 needed for the Project and for costs incurred by the City to furnish and install select components of the traffic signal that will be installed at the intersection of Wintergreen Road and Main Street.

4. City agrees to encumber an amount adequate for total estimated project costs as determined prior to the commencement of each Project milestone as determined by County within 30 days of notification by County. The City will pay Project costs as invoiced by the County.

5. TxDOT total obligation for the Project is Three Million One Hundred Thirty Thousand Dollars and no cents ($3,130,000.00).

6. Eighty percent of TxDOT funding will be applied toward Project costs up to the maximum amounts allocated for each Project phase as indicated in the Advanced Funding Agreement. The remaining 20% of Project costs will be shared between County, city of Cedar Hill, city of DeSoto, and city of Duncanville. Upon exhaustion of TxDOT funds programmed for each Project phase, County, city of Cedar Hill, city of DeSoto, and city of Duncanville shall be responsible for Project costs on an equal share basis, until the maximum funding amounts for city of Cedar Hill, city of DeSoto, and city of Duncanville are reached. If the total actual Project costs, excluding paving and drainage amenities or utility betterments, should exceed the total estimated Project costs shown in Attachment B-1, the city of Cedar Hill, city of DeSoto, and the city of Duncanville shall be equally responsible for all Project cost overruns, regardless of whether each city has reached its maximum funding amount.

7. City of Cedar Hill total obligation for the Project is in the not to exceed amount of Three Hundred Fifty Three Thousand Six Hundred Sixty Seven Dollars and no cents ($353,667.00).

8. City of DeSoto total obligation for the Project is in the not to exceed amount of Three Hundred Fifty Eight Thousand Six Hundred Sixty Seven Dollars and no cents ($358,667.00).

9. City of Dallas total obligation for the Project is in the not to exceed amount of Two Million Six Hundred Fifty Six Thousand Fifty Dollars and no cents ($2,656,050.00).

10. Within thirty (30) days after bids are opened, the City and County may review cost and funding.

E. Article VIII. “Miscellaneous”, of the PSA shall be and is hereby revised by adding the EXHIBIT "A"

Third Amendment to the PSA City of Duncanville – Wintergreen Road MCIP 47302 Page 4 of 6 following language:

XII. Effective Date. The PSA and this First Amendment shall commence on the Effective Date. The Effective Date of this First Amendment shall be the date it is executed by the last of the parties. Reference to the date of execution shall mean the Effective Date.

XIII. No Joint Enterprise/Venture. The County and the City agree that neither party is an agent, servant, or employee of the other party. The County and the City also agree that no joint enterprise exists between them.

I I I . Effect of Amendment

This Third Amendment shall not change or waive any contractual provisions, clauses or conditions of the original PSA, unless otherwise provided for herein. In the event of any conflict between the original PSA, First Amendment, Second Amendment, and this Third Amendment to the PSA, this Third Amendment to the PSA shall control. The original PSA, including any and all incorporated or referenced documents and any and all exhibits, attachments and amendments that by their terms have been incorporated into any of the foregoing documents, are collectively referred to herein as the PSA. All provisions of the PSA shall remain in full force and effect throughout the term of the PSA and any duly authorized amendments or extensions, including this Third Amendment.

Third Amendment to the PSA City of Duncanville – Wintergreen Road MCIP 47302 Page 5 of 6 The County of Dallas, State of Texas, has executed this Third Amendment pursuant to Commissioners Court Order Number _________ and passed on the ____ day of _______, 2019. The City of Duncanville, State of Texas, has executed this Third Amendment pursuant to City Council approval in a regular meeting held on the ______ day of ________, 2019.

COUNTY OF DALLAS CITY OF DUNCANVILLE

By:

Clay Lewis Jenkins County Judge

Title: ______________________________

Date Date

APPROVED AS TO FORM*: ATTEST:

John Creuzot District Attorney

By: By:

Sherri Turner,

Assistant District Attorney

________________________________ City Secretary / Attorney

*By law, the District Attorney’s Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or

approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s).

Third Amendment to the PSA City of Duncanville – Wintergreen Road MCIP 47302 Page 6 of 6

ATTACHMENT B-2

Current Cost Estimates & Funding Sources

MCIP Project 47302

A. PROJECT COSTS

Expenditure Estimated Cost

Engineering & County Project Delivery $1,630,000 Right-of-Way Acquisition $625,000** Construction (Paving, Drainage, Bridge, Signal) $6,059,068 Construction (DWU 96” Water Line) $2,486,050***

Material Testing $20,000

TOTAL: $10,820,118

B. FUNDING SOURCES

Dallas County $4,011,068

Texas Department of Transportation (RTR) $3,130,000

City of Desoto $358,667

City of Cedar Hill $353,667

City of Duncanville $310,666*

City of Dallas $150,000**

City of Dallas Water Utilities $2,506,050*** TOTAL: $10,820,118

*Includes Dotson ROW acquired by City of Duncanville ($200,000.00). Traffic Signal components to be furnished and installed by City of Duncanville ($50,000.00)

**City of Dallaswill fund 25% of right-of-way costs up to a maximum of $150,000.00

***DWU Waterline 100% construction cost includes cost for mobilization and clearing and grubbing specific to the water line.