Dr.€¦ · seconded by Dr. Theresa M. Daniel, Connnissioner of Dist, ~ the following Order was...

13 0 1 8 COURT ORDER ORDER NO.: ________ _

DATE: January 22, 2013

STATE OF TEXAS

COUNTY OF DALLAS

§ § §

BE IT REMEMBERED, at a regular meeting of the Commissioners Com1 of Dallas County, Tcxas, held

on January 22,2013, on a motion made by _D_r_,_E_l_b_a ____ -'-_C-'-O,,!llI11l--=·:.:s:.:s:.:i:.:o:.:n:.:e:.:r:.....:o:.:f=-:D::.;l::.;· s:..t:..,_4 ___ , and

seconded by Dr. Theresa M. Daniel, Connnissioner of Dist, ~ the following Order was adopted:

WHEREAS, Texas Democratic filed suit against Dallas County, et aI., styled in Cause Number No. 12-10571, Texas Democratic Party, et 01 v. Dallas County; In the United States Appellate Court for the Fifth Circuit; On Appeal from the United States Court of the Northern Distriet of Texas, Dallas Division; Civil Action No. 3:08-CV-02117-P; and

WHEREAS, the Dallas County Commissioners Court diseussed this matter in closed session on January 15,2013, as permitted by Texas Government Code §S51.071(l)(A) and (B); Judge Jenkins recused himself.

WHEREAS, members of the Commissioners Court authorized Robert Arnett of Carler Stafford Arnett Hamada Mockler, PLLC who represents Dallas County in this matter, to negotiate a settlement on behalf of Dallas County in response to a settlement offer received. A settlement having been negotiated for an authorized payment of $120,000, a valid and reasonable amount, and good cause appearing to the Court to approve said recommendation; and

WHEREAS, the action authorized by this Order is consistent with and promotes Strategy 1.3 of Dallas County's Strategic Plan.

IT IS THEREFORE, ORDERED, ADJUDGED and DECREED that the Dallas County Commissioners Court hereby directs the Dallas County Treasurer to issue a check in the amount of $120,000.00 made payable to Brazil & Dunn, LLP Attorneys at Law as full and final settlement by Dallas County, and that the County Judge is authorized to exeeute any documentation required for this settlement on behalf of Dallas County, and the County Treasurer is to release said check to an employee of the Civil Division of the Dallas County Criminal Distriet Attorney's Offiee.

DONE IN OPEN COURT this the 22'd day of January, 2013.

ABSENT

Clay Jenkins, Cou Judge ~~:::.-.-

Dr. Theresa M. 1, Comm. Dis!. #1

:A ~;ih~ Mike Cantrell, Comm. Dis!. #2 Dr. Elba Garcia, Comm. Dis!. #4

7ended fr APprova~

Chief, Civil Division Dallas County District Attorney's Office

Administration Building 411 Elm Street 5th Floor Dallas, Texas 75202 TVV 08-000537

214/653-7358 Fax 214/653-6134

COURT ORDER

ORDER NO: __ 1_{}_1_3_: _0 1


STATE OF TEXAS

COUNTY OF DALLAS

BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas, held on

the 22nd day of January, 2013, on motion made by Mike Cantrell Commissioner of District and

seconded _D_r_,_E_l_b_a_G_ar_c_l_' a-,,~C_o_mrru_'_S_Sl~' 0c:n~e~r~o~f,--D.:::i~s~tr.:::l.:::· c.:::t~/I~4,--_, the following Order was adopted:

WHEREAS, the Dallas County Commissioners Court was briefed on January 15,2013 by the Office of Budget and Evaluation concerning the District Criminal Court Manager's Office request to create a part-time coordinator position; and

WHEREAS, the coordinator position will fill in for the current court coordinators when they are out due to ACMS Courts and Prosecutor system development, FMLA and vacation/sick days; and

WHEREAS, the position will have a total cost of $15,000; and

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED, that the Dallas County Commissioners Court does hereby authorize approval to create a part-time coordinator position to fill in for current court coordinators out due to ACMS Courts and Prosecutor system development, FMLA and vacation/sick days, for a total cost of $15,000.

DONE IN OPEN COURT this the 22nd day of January, 2013.

ABSENT

Clay Lewis Jenkins, County Judge Dr. Theresa M. Daniel, District #1 Mike Cantrell, District #2

Dr. Elba Garcia, District #4

Recommended by: ~ '1 - '6 l'QuJ '""" Ryan Brown, Budget Officer

10

COURT ORDER

ORDER NO: 0120 DATE: January 22, 2013

STATE OF TEXAS'

COUNTY OF DALLAS'

BE IT REMEMBERED, at a regular meeting ofthe Commissioners Court of Dallas County, Texas, held on the

22 '" d fJ 2013 t' I b Mike Cantrell, District 112 d d db ay a anuary , on rna Ion mac e Y -' an secon e Y

Dr. Elba Garcia, District 114 ,the following Order was adopted:

WHEREAS, Commissioners Court was briefed on January 15, 2013, regarding the approval of the administrative fees and tbe addition of the NurseLine services fee recently added to the United Healthcare AdministTative Services Agreement with these administrative fees effective January 1,2013, as well as a request to allow the County Auditor to pay said fee until the Amendment to the United Healthcare Administrative Services Agreement is approved; and

WHEREAS, The Human Resources/Civil Service also updated the Commissioners Court regarding the Patient Centered Outcomes Research Fee required under PPACA (Health Care Reform) with the annual fee to be paid by United Healthcare and reimbursed by Dallas County using previously approved and established funding mechanisms, with the first annual payment due by July 31, 2013; and

WHEREAS, The Patient Centered Outcomes Research Fee will later be included on the Amendment to the United Healthcare Administrative Services Agreement; and

WHEREAS, Approval of these administrative fees supports Vision 1, Strategic 1:3. Dallas County provides sound, financially responsible and accountable governance.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court hereby approves the administrativejees and ratesJor the various services and requirements as outlined in the attachment, approve reimbursement to United Healthcare jar payment oj the Patient Centered Outcomes Research Fee, as well as allow the County Auditor to pay said/ees and rates.

DONE IN OPEN COURT this the 220d day of January, 2013.

.ABSENT [L ~fu1A I )tk~ Clay Lewis Jenkins Dr. Theresa M. Daniel Mike , ntrelJ

/

___ -<""'-l.ulnty Judge COl)lmissioner District? ,/ p Commis~' ler District #2

~~~~' L~~ Dr. Elba Garcia

Commissioner District #4

//

'---"---'-I I Medical

EPO/PPO Plans

, Effective I 1/1/2011

i

!

Dental

EAP - MHN

Insurance

!

509 Main Street Records Building

ADMINISTRATIVE FEESIVENDOR RATES PLAN YEAR 2013 ,

Plan/Item I Fee ! Terms --""--"---

General Administration $31.95 ' PEPM - (Before NurseLine eff 2013) Disease Management $ ~ UnitedHealthcare (UHC) 5 yr rate (Diabetes, i\sthma, Coronary) ,~~ guarantee PEPM** with 3 years at Su broqation .Cfull-service l ~i . .41 , $33.37, year 4 capped at 8.1%

NurseLine Eff 1/1/2013 $ .90 i TOTAL Eff }j 1/20 13 $34.27

Pf>.ACA (HealttLCacfO. Reform) Patient Centered Outcomes $ 1.00 Research Fee (PPACA) For plan year ending 2012, $1 per year multiplied by average number of covered lives enrolled in the plan; billed via UHC and paid by 7/31/13

PEBC Dental (Delta Dental) $2.56

I Total $2.56

EPO/PPO Mental Health admin $1.74 fee includes network access, medical management and claims administration Tobacco Cessation Coaching $ 0 MHN - Mental Health (EAP) - $1.68 Active employees

Total I $3.42

Life Insurance - Fort Dearborn Life -- EE p~i.cJ

Basic Life per (GLF) per $1,000 of coverage AD&D per $1,000 of coverage

I Total GLF

,-

Optional Life Employee (TLF) . (uses a fee chart) for Base ! salary. Rate based on tier

level of coverage and age. Included AD&D coverage.

r

----------$0.120

$0.025

$0.145

)

increase; year 5 capped at 4% I increase. Add $.90 PEPM for I NurseLine for 2013,2014 and 2015.

Available to Active, COBRA, Under-age 65 Retirees & Family Members and PPO Plan available to non-Medicare Dependents of retirees enrolled in Group Retiree Senior Supplement or Medicare Advantage Plans.

PEPM - Available to Active, COBRA, and Retiree members and their enrolled family members. PEPM - EAP includes Tobacco Cessation Coaching Program (available to active employees, COBRA members and retirees - and their family members - at no additional charge). 2013 is year 2 of 5 year rate guarantee.

2013 is Year 2 of 2 Year Rate ' Guarantee:

Min $20,000 & Max $50,000; To calculate, Salary at 12/31 is rounded J up to next $1000 if not an exact multiple of $1000 and then

! multiplied by rate per $1,000 (not I less than $20,000 nor more than

$50,000); with coverage reduced at age 70 or older as determined on Jan 1 of the coverage year and according to chart. 2013 is year 2 of 2 year rate guarantee.

! In 2012, Employee optional life bracket rates reduced approximately 10%. AD&D did not change. Calculation; salary at later of hire date or 12/31 times 50%, 100%, or 200%, then rounded to the next highest $1,000, if not an exact

-'-____ L'm=u.,.lti=le of $1,000; Maximum

Dallas, Texas Equal Opportunity Employer 214.653.7638

Expires Effective 1/1/2013 (with NurseLine) fees not to

, exceed $34.27; Fees 2014 not to exceed $36.97 (8.1% cap); Fees 2015 not to exceed $38.41 (4% cap) 12/31/2014

12/31/2016

12/31/2013

i

12/31/2013 ,

i !

i

i ,-

i---r---- .... $400,000. PEPM with coverage reduced at age 70 or older as determined on Jan 1 of the coverage

I i year and according to chart.

Same as i Optional Life Spouse (SLF) (uses a fee chart) for $10k, Active TLF

, 2013 is year 2 of 2 year rate guarantee. The selected SLF canno

, 12/31/2013 I

t i

$25k, $50k, $75k, or $100k. ratesfee Rate based on coverage chart amount and age. AD&D not (without available for spouse AD&D)

. Dependent Life - $10k $2.10 ~flouse/$5,000 Child(ren)

Dependent Life - $5k $1.06 Spouse/$2.5K Child(ren) Long Term Disability (LTD) 0.180% Standard; Rate shown is effective 1/1/11. I

Long Term Care $0

HealthSmart (VSP Vision Plan)

PayFlex Retiree/COBRA admin fee per $ 16.00 COBRA qualifying event Retiree premium billing monthly admin fee (per $ 3.65 participant per month - PPPM)

• PayFlex FSA Administrative Fees $ 2.65 '\' Monthly admin fee per participant (PPPM)

regardless of number of accounts

, Self-funded Medical (EPO/PPO) Stoploss I $ 14.93 Specific deductible Effecitve 1/1/2013 = $600,000 (specific deductible has not changed in 2011, 2012 and 2013.)

exceed 50% of employee's TLF coverage amount. $10k & $25k available at guarantee issue to new employees enrolling during initial new hire period. 2013 is year 2 of 2 year rate guarantee.

I I Three year rate guarantee expires I 12/31/13. Calculated base

salary/100 x Rate (60%) of the 1't $9167 of pre-disability earnings reduced by deductible income (Le. 55). Max benefit is $5500 PEPM. Upgraded to Solid Solutions Plan effective 2013 with guarantee issue for new enrollees during November 2012 enrollment only; those enrolle d prior to November 2012 will have

I upgrade opportunity during Q1 2013.

I Rates effective 1/1/2013: . Employee Only $ 6.15

Employee + Spouse $11.51 Employee + Child(ren) $12.26 Employee + Family $19.10 Available to actives, COBRA and retirees 2013 is Year 2 of 3 year rate guarantee

. -'-'-"

2013 IS Year 2 of 3 year rate guarantee

$600,000 Specific Deductible per , claimant per calendar year. I Outpatient RX not included in

potential reimbursable costs. Aggregating Specific Deductible no longer applies eff 1/1/11. PEPM fee applies to EPO and PPO enrollment, including AC, CO and UR; PMD and

_______ ....L ____ L PSD (those non-Medicare


Dallas, Texas Equal Opportunity Employer 214.653.7638

, 12/31/2013

12/31/2013

12/31/15

12/31/2015

12/31/2014

~~'.dependents-enrolled .in PEBC PPO I ,·····-.-i f'.lan eff 1/1/1~L __ "~.~

PEBC Interlocal Agreement (NCTCOG) with TBA , Pending PEBC Board I 2013 Dallas County budget/cost share. I meeting/approval; Dallas County's 12/31/2013 I

, cost share will be 45,76% of PEBC ~' L approved budget effective 1/1/201±. '

UnitedHealthCare Group Retiree Plans I Rates shown are retiree only rates; , Senior Supplement with Part D (PDP) RX 'I' $ 491.54 . two times rate shown for retiree plus ,12/31/2013 I

Senior Supplement w/out Part D (PDP) RX $ 317.97 spouse or retiree plus Medicare- I Medicare Advantage HMO (Includes Part D RX) ; $ 149.94 enrolled dependent ,

**PEPM - a unit of measure, lypically refers to Per Employee Per Month


OaUas, Texas Equal Opportunity Employer 214.653.7638

COURT ORDER 12

ORDER NO: 2013

DATE:

STATE OF TEXAS'

COUNTY OF DALLAS'

BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas, held on the 220d day of

January 2013, on motion made

Dr. Elba Garcia, District 114 by Mike Cantell, District #2

, the following Order was adopted:

and seconded by

WHEREAS, On January 15, 2013, Commissioners Comi was briefed regarding the request of the Operations Department to grant a second leave of absence (without pay) for Mr. John Langley - Fleet Manager for the period December 27,2012, to March 27, 2013, due to Mr. Langley having exhausting his 12 weeks FMLA and was previously granted a 90-day leave of absence which ended on December 26, 2012; and

WHEREAS, Granting this second leave of absence (without pay) is an exception to Section 82-474 of the Dallas County Code; but, will allow for additional recovery time from a serious medical condition; however, at the end of the second leave of ahsence request Mr. Langley is still unable to return to work the Department will move forward with termination; and

WHEREAS, Recommendations in this briefing are consistent with Dallas County's Strategic Plan Vision 1, Strategy 1.5: Dallas County should maintain a strong, motivated workforce with no financial impact associated with this request.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court hereby approve the second leave of absence (without pay) requested by the Operations Departmentfor Mr. John Langley - Fleet Manager,for the period December 27,2012, to March 27,2013, due to his serious health condition.

DONE TN OPEN COURT this the 22nd day of January, 2013.

ABSENT

Clay Jenkins G

Dr. Theresa M. Daniel Commissioner District #1

Mike Cantrell Commissioner District #2

~,/li.s,i~£/ Elba Garcia

Commissioner District #4

Recommen d -by-:-----~.--'...[:,J''''''f-"''"''=__\S~C,,'':'''"'<A..J=''''''t''_',,~ ., Director

I-Tuman Resources/Civil Service Department

K:\Court Orders 2013\Court Order - Policy exception Jcavc of absence- Operations· Ol-22-2013_doc

}3 COURT ORDER

ORDER NO:


STATE OF TEXAS §§

COUNTY OF DALLAS §§

BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas, held on the

22nd day of __ ~J""an=ua",ryc.;c., 2013, on motion made by Mike Cantrell, District 112 ,and

seconded by Dr. Elba Garcia, District 114 , the following order was adopted:

WHEREAS, on January 22, 2013 the Dallas County Commissioners Court was briefed on equipment that has been purchased or is going to be purchased for the Dallas County Sheriff's Office by the North Texas High Intensity Drug Trafficking Area (NTHIDTA) through the Domestic Highway Enforcement subcommittee; and

WHEREAS, the funding for these purchases is actually handled through the Navarro County fiscal system, therefore the equipment is actually owned by Navarro County; and

WHEREAS, the Commissioners Court wishes to decrease the burdeu currently imposed on Navarro County in the way of maintenance of the equipment, inventorying the equipment, and the liabilities involved in owning and maintaining the equipment, by transferring ownership of the equipment into the Dallas County Sheriff's Office inventory; and

WHEREAS, the equipment is already being used by the Dallas County Sheriff's Office; and

WHEREAS, the equipment is instrumental in stemming the flow of illegal contraband into and out of Dallas County.

NOW THEREFORE IT IS ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court approves the acceptance of all equipment, purchased by the North Texas RIDT A through Navarro County for use by the Dallas County Sheriff's Office, and accepts the maintenance and liabilities of said equipment from this day forward.

DONE IN OPEN COURT this the _--,,2=-2 _ dayof __ ~J~an~I~la~ry~ __________ _

ABSENT Clay Jenkins County Judge

Recommended by:

Mike Cantrell Dr. Theresa M. Daniel Commissioner District # I Commissioner District #

Dr. Elba Garcia Commissioner District #4

CL.-- l c,) '"\/ ~~'ii. Th~m~ ,,£IA1!r~

Chief Financial Officer

COURT ORDER

013 01 ORDER NO. _____ _ 3 DATE: January 22, 2013

STATE OF TEXAS

COUNTY OF DALLAS


22"d day of January, 2013, on motion made by Mike Cantrell, Commissioner of Dist. 2

and seconded by Dr. Elba Garcia, Commissioner of _ Dist. 4 , the following order was adopted_

WHEREAS, on or about April 30, 1991, Dallas County executed a five-year primary lease agreement with Am West Savings Association for office space located at Plaza on the Parkway, 525 W. Highway 303, Grand Prairie, Texas; and

WHEREAS, in subsequent years, this primary lease agreement was renewed and ratified four times, the most recent on or about August 30, 2011, pursuantto Court Order No. 2011 1456, for a thirty-six month terms, to end August 31, 2014; and

WHEREAS, said premises, since inception of the underlying lease, has been occupied by the Dallas County Tax Office (Grand Prairie Branch), which need shall extinguish on or before July 31, 2013, as the Tax Office (Grand Prairie Branch) relocates its operations to the new Dallas County Government Center in Grand Prairie, Texas; and

WHEREAS, the fourth lease extension, executed with Denley Investment & Management Company, Inc. as landlord and management agent for Hollywood Plaza Association, LLC (successor~in-inter0st to AmWest Savings Association), further provides that "Dallas County may terminate this agreement by providing 180 days notice"; and

WHEREAS, termination of the underlying real property lease agreement (and all renewals and ratifications thereto), effective July 31, 2013, will serve to save Dallas County $4,046.25 in monthly rent payments from effective date through August 31, 2014; and

WHEREAS, the Dallas County Tax Assessor/Collector recommends that Dallas County immediately prepare and send notice of lease termination with an effective date of July 31,2013.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County District Attorney's Office (Civil Division) is hereby authorized to prepare and advance to Denley Investment & Management Company, Inc., as landlord and management agent for Hollywood Plaza Association, LLC, Dallas County's notice oflease termination with an effective date of July 31,2013.

DONE IN OPEN COURT, this the 22"d day of January, 2013.

ABSENT Judge Clay Lewis Jenkins

fl ~Itt ~IJaa .. t ",~"",eresa Daniel Distri

Recommended for Approval:

John R. Ames, Tax Assessor/Collector

•

DATE: Januarv 22,2013

STATE OF TEXAS

COUNTY OF DALLAS

§ §

§ §

COURT ORDER I

BE IT REMEMBERED, at a regular meeting of Commissioners' Court of Dallas County, Texas held on

the 22nd day of _____ "'Ja""n"'u"'a"-!.rvL-__________ 2013, on motion made by

~Mi='=k=e~C=a=n=t~re=l~l~,~C=o=mm~is=s=i=on=e=r~of~D=i=st=r=i=c=t~#=2 ______________ ,andsecondedby

_D_r_,_El_b_a_Ga_r __ c_i_a:..., _C_Olllln_i_S_Sl_' o_n_e_r_o_f_D_l_' s_t_r_ic_t_114 _______ , the following Order was adopted:

WHEREAS, the contribution payment under the 2012 Reliant Energy CARE Program Agreement was discussed in Commissioners Court on January 8, 2013; and

WHEREAS, DCHHS has received a contribution payment of $1 ,850,00 under the 2012 Reliant Energy CARE Program for the purpose for providing funding for energy assistance payments to Reliant Energy customers with active accounts; and

WHEREAS, the Reliant Energy CARE program is in compliance with Vision 2: Dallas County is a Health Community; Strategy 2_1, by providing exceptional disease prevention, health promotion and Human Service programs to the citizens of Dallas County, as contained in the Dallas County Strategic Plan,

WHEREAS, the contribution payment requires the approval of the Commissioners Court,

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court does hereby approve the contribution payment of $1,850_00, under the 2012 Reliant Retail Services, LLC CARE Program ("CARE") Agreement with Dallas County Health and Human Services, for energy assistance payments to eligible Reliant Energy customers,

DON:::EN COURT th;, th'_1""1",-2_:~WI :Ml""iALc,f--!'-;t"'o'-'dih""ayd.~.L,f~~~~:J~au"-'-n-'-"a"--l~L---=~---:7"~' 2013_

Clay Lewis Jenkins County Judge

~--

Dr. Theresa M_ Daniel Commissioner, District No_ 1

,

Mike Cantrell Commissioner, Distr'

Dr. Elba Garcia Commissioner, District No_ 4

Recommended by: 4.:L;:1.""~~.!,,,,--S;",-,,,,,,-,~ ______ _ zac~Thom , on, D~ctor, Health and Human Services

ORDER NO. _~_! __ 1_3_\ _0 12 5,

DATE: JANUARY 22.2013

STATE OF TEXAS

COUNTY OF DALLAS

§ §

§ §

COURT ORDER J

BE IT REMEMBERED, at a regular meeting of Commissioners' Court of Dallas County, Texas held on

the 22nd day of __ -'J"'a"-!.n"'u""a!.lrv'--____________ 2013, on motion made by

_Mi_._'k_e __ C_all_t_r_e_l_l~, __ Co_mm __ i_s_s_i_oI_le_r __ o_f __ Dl_'s_t_r_i_c_t_i_12 ____________________________ , and seconded by

__ Dr_, __ E_l_b_a_G_,a_r_c_i_a-,-, _C_O_mml __ '_S_S_io_ll_e_r __ o_f_D_l_' s_t_r_i_c_t _1_14 ______________ , the following Order was adopted:

WHEREAS, the DCHHS Regional Healthcare Partnership Project was discussed in Commissioners Court on January 15, 2013; and

WHEREAS, the Texas Department of State Health Services Public Health Funding and Policy Committee invited Dallas County Health and Human Services to Regional Healthcare Partnership 9 as a result of being included in its 1115 Waiver regional healthcare planning initiatives; and

WHEREAS, DCHHS has developed health education quality improvement projects as part of the Delivery System Reform Incentive Payment (DSRIP) pool, and in anticipation of approval of the Regional Healthcare partnership Plan, DCHHS is requesting two (2) new Health Educator positions to be responsible for increasing health education and intervention capacity; and

WHEREAS, the initial cost to Dallas County for implementing the health education program is estimated to be $120,000 annually, a neutral cost, and total reimbursement to DCHHS will be determined; and

WHEREAS, the Regional Healthcare Partnership Project is in compliance with Vision 2: Dallas County is a Healthy Community; Strategy 2.1, Provide exceptional disease prevention, health promotion and human Service programs to the citizen of Dallas County, as included in the Dallas County Strategic Plan.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court does hereby approve the implementation of the Dallas County Health and Human Services Regional Healthcare Partnership Project, authorizes the requested staff as specified, authorizes Dallas County Human Resources to classify requested positions, and approves associated costs for implementing this project.

DONE IN OPEN COURT this the

ABSENT

22nd day of __ -"-J""anC!!u""a,,-rv,-.~ ___ ~ ___ ~+-_, 2013,

~'I-'-'-t1-----,/-;---""IL"",,-0 o1,---,;l-,--,-O--LI~o:J..J;""'-I' ___

Clay Lewis Jenkins ._____,--"Dr. Theresa M, Daniel County Judge /_-- Commissioner, District No, 1

Mike Cantrell Commissioner, Di

r- ' /~ (, -Jo~~lnfllN~iLle~y'"p~ri:4~/.=/ J::-~~==~

" C~/ mission }Jstrict No, 3

/ Recommended by:

~ Dr. Elba Garcia Commissioner, District No, 4

rict No, 2

COURT ORDER 17 OA ?\ h

ORDERNO: ______ 11.,. 1


STATE OF TEXAS §

COUNTY Oli' DALLAS §

BE IT REMEMBERED, at a regular meeting of Commissioners Conrt of Dallas County, Texas, held on the

__ ~= ______________ day of January ,2013, on

a motion made by Mike Cantrell, Connnissioner of District 112 , and seconded by

Dr. Elba Garcia, Comnissioner of District #4 ______________________________ , the following Conrt Order was adopted:

WHEREAS, the Pnrchasing Department briefed Commissioners Court on January 22,2013, concerning the first extension of Bid No, 2012-029-5857 Annual Contract for Waterborne (Lead Free) Traffic Paint as awarded to Akzo Nobel Paints LLC dba Glidden Professional Paint Center; and

WHEREAS, the contract provides traffic paint to the Public Works Department for use throughout Dallas County; and

WHEREAS, Glidden Professional Paint Center has agreed to extend their contract for an additional twelve month period based on the existing tenns, conditions, and pricing structnre set forth in the original bid award or as amended; and

WHEREAS, Ennis Paint Inc" dba Ennis Traffic Safety Solutions declined to extend the contract for the items they were awarded; and

WHEREAS, the term of this contract is February 7,2013 through February 6,2014; and

WHEREAS, the extension of this contract supports Vision I, Strategy 1.3 of the Strategic Plan by providing a sound, financially responsible, and accountable governance

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Conrt does hereby authorize the first extension option of Bid No, 2012-029-5857 Annual Contract for Traffic Paint as awarded to Akzo Nobel Paints LLC dba Glidden Professional Paint Center for the period of February 7,2013 through February 6, 2014 and authorizes all county documents/payments to reflect accordingly,

DONE IN OPEN COURT this the _-,2",2~"d ______ day of_--"J"'an"'u"'aocry"--________ _

ABSENT

Clay Lewis Jenkins, County Judge Dr. Theresa M, Daniel, District #1 Ike Cantre7ict #2

d~~~~~·· Dr. Elba Garcia, District #4

Jan 08 2013 9:05PM HP LASERJET FAX

FrO~;OALLAS COUNfY PU~O~AgING DEPT 12/:31/,2012 12:01

~.IC\l";:~ DALLAS COUNTY ~.!J PURCHASING DEPARTMENT

~~-------------December 31,2012

Mr. Chris Bilodeau Akl.ONobel Paints LLC dba Glidden Professional Paint Center 1610 Wynn·Joyce G art and, TX 75043

RE: 2012-029·5857 - Annual Contmct for Waterborne (Lead Free) Traffic Paint

Dear Chris:

p. I

The aforementioned contract between Dallas Cauntt and Glidden Professional Paint Centarlsdua to expire on February 6, 2013, This contract contains a provision for extBnslon and may be extended for an addibonal cnB (1) year period from February 7,2013 through Febru81)1 6, 2014. All "'rms, conditions and pricing structure of tha ortglnal contract will be unchanged through !.he extension period excapt as provided In the contract.

The purpose of this letter Is to solicit your intentlon& regarding ll1e eKIan.lon of this conlract. It does not constllute a contractual commitment. Yourr8sponse will be an offer 01 extension to Dallas County. It will be reviewed bYlha County for compliance with contract terms and conditions.

All Bxtensions of the proposed contract will be based on Iha availability of departmental funding, vendor performance. mutus I agreement by all parties involved and final approval by the Dal/as County Commissioners Court.

Please indlcale below yeur Intentions regarding the extension otthls contract Bnd return the signed leUor alonll with an updated EE01 form (attRen.d) 10 the Dallas County Purchasing Department via fax (214·653-7878) no later than January 8, 2013,

~in Iy, 'U ~ /l UPd~ ~c:.---

am A. Cooper ~ Senior BUyer

Yaa, we hereby oHer to extend this contract.

__ ~No, we do not wIsh to Bxtend thiS contract.

Authorized Sign stu

Printed Name: L-+I~D 13IWl~"",J Date

509 Moin Streel, 6til Floor, Suire 623, Dallas Texas 75202·3340 "1 d' 1\1\ '1.1.;':\ rid • PaY I') 1 d\ .4~·L '1R'7Q • C!"' ..... I't., ... "'.·Ih'l,..l .. II .............. ~ r..1 ...... ....

December 31, 2012

To: Hamid Baha

From: Sam Cooper, Senior Buyer

Subject 2012-029-5857 ,Annual Contract forWaterbome (Lead Free) Traffic Paint

The aforementioned contract, as awarded to Glidden Professional Paint Center, is due to expire on FeblUary 6,2013. As the Contract Manager for this service your department has three (3) options:

Option 1:

Option 2:

Option 3:

Exercise the extension option set forth in the bid bascd on existing terms and conditions.

Rc-bid this contmet. If, your department chooses to re-bid, please update any required revisions to the specifications, tenns, conditions, and requirements.

The services andlor goods stated in this contract are no longer required. by this department. Please cancel all futnre solicitation requests relating to this contract.

Please sign and return this fmm with all comments andlor revisions (if any) to the Purchasing Derartment, Attn: Sam Cooper, no later than Jannary 8, 2013. Should you have any questions, please contact me at 214-653-6304. Your cooperation ill this matter is greatly appreciated.

RBPL Y: Upon review of the aforementioned contract: (please initial one only and sign below.

[ J Services currently performed by the Contraetor(s) is/are in compliance with contract requirements. As a result of tile contract extension options contained within the solicitation, this department requests that the contract be extended for an additional twelve (12) month period. If your department chooses to extend, how would you rate vendor performance for the requested services and/or products over the past 12 months?

1. How would you rate each vendor quality of work perfonned? 4- Excellent, 3-Good, 2-Satisfaetory, or 1- Poor. Please state response here» g

2. Was workcol11pleted or products delivered in a timely manner? 5-Always, 4-Most oftlle time, 3-Some oflhe time, 2-Seldom, or I-Never. Please state response here» <.

;;>

3. How would you rate each vendor's responsiveness to Dallas County inquiries or problems? 4-Excellent, 3-Good, 2-SatisfactOlY, or I-Poor. Please state response here» I I

I

4. How would you rate the courtesy of the vendor's employees? 4-Excellent, 3-Good, 2-Satisfactory, or I-Poor Please state response here» ].

[ ]

5. How would you rate each vendor overall perfonnance for the requested services/and or products over the past 12 months? 4-Excellent, 3-Good, 2-Satisfactory, or I-Poor, Please state response here» Lc ,

Please elaborate on any areas of concerns or where improvement is required:

"?'Xo ~ cl" "" ~ <;,c.h~ dut: 'b<2h V'" OS ()JvJ FIZ1 oJ] '? !7' t .:/11 ()J j'.

Plea c re-bid this contract. attached).

ZSiOl1S are required and have been made (see

[ ] Services andlor goods stated in this contract are 110 longer required by ulis department. Please cancel all future solicitation requests relating to this contract.

All~iJ' 1/ f:;:; 'lof :s Printed Name (from above):

ee: File 2012-029-5857

N

Q..

x a: LL

~ l- I\> W "-...,

"" C< ~

W "-U) I\> a: 0 -' ~

'" Q. ::t:

'" 1: 0

en Q. -U tI) 3: 0

OJ

0')

0 N

II)

0

C fQ ...,

S. EEO-l Form (1'0 be 5ublT'ltled bI the prime and any sub with21J% lIr!llllre of the contral:1). ~------~--~~

/tAM!; OF Fnoc --A \£t:o ,J 0 r£t-.fAI~ u..c-- b/Y't 61ut.bGJ f'~eD/o~ -FA.~ CO-J'rQ:.. ~-~ ~~

~~-~--

5. _0- EIolPLOYI<IENT DATA --~~

Em,JIovmen1 .. iIl!s es!>IJJoslrnen>- Repcri '" pi>manon full aiid ~ ~ includmg app<1!n\<o:; ild aHf11>job f.Jn ......... ~ "",*,diil .. sellOrth ;, !he irl>ttI:Iion8 ~ .. En!er !he _.,..,a1a ligures '" aI in .. and " oil <dum ... , IlIa1k spaoos \II be ~ as zeltlS. ..-------_ ... lIa_al~ (Rep<!l "'P"""",,in ~_~

R • .,,,II':Um i:;l\y ----~. --"

NolJ-lPspani: Of Lati10 .. TOT}\[-

Iispri:; ... lJIbno "-~~~-'--"

~ COL JOO Calegaies iIoi, ftlT<l!e AN

~-. Naike---r Na1iIIe Amerlca! American Blid;or It!ooiian II InciM Of TVl'Qo(1'Il()I'e Blaci<Of HlJoaj"" Indian Of

Two", Male Female J WIlle /lnCill 0t!teI Asian Aim WM! M1c3n aOflu Asia1

.~ .. ""'" IIme!1tal PiXlli<; races Atneric;!n PociIi: 'ares I,I.rm

N_ !si<lw "'"'" -------.. - • B

.~

C 0 E F G 1l- ~- f--y-- K L J.I H 0 ~ ~

~~~ _and '" 1.1

~~ .. - ----

and Man;qE!s 11 ..

P"""""",,,aIs 2 . -.--"-~---- ~ --/----- . T ochnicians 1 -:-;~~-"-'--~'--'- -'12- .. ~.---

_s" .... WOCkm 4 _J.{1f K ... ~ _..k_ .. r--A<m>~t'a1iw Support 5

I -.. ._----- .. -~~ I--~ '''- .. _-- ---~ 1----~.-- ~---- .- -.~-- ~-.------

~- 6 - . --~ -~---. f--- --~-Opa_ 7

--,- --/---- ---- f--~ ~IS and tieijler.; 8 s.rv;", WorX... 9

.. _-- ----/---~- r---~~

tari[-~··--···--,-0 f--~-- -~ -.-+-.~ ~-/--~-- --- ---._- ----- .~----.

PREVlOlASYEARroTAL 11 c..l 1. DiII!O(s) rt~)'ItlI p6iod us,"" I (Omi! ""Ihe ~ R"''';:)-~'' .. ~--Sediool &EST !IJlUSH¥EHT INF<lIiIIAnoH (cmt "" It1e Co'-_ Report) VInal ~ ... rr.aja 3dMty Of Ih~ est;i,hshnoof" (Be S~iC.l~~ ~~ plnnt;ng Rlpploes, Iit!e ~'"""""'. elI:. Indude Ifwspdic {)'!le otprodJd Of type 0/ setVioe 1>-, as ".. .. !he pOncE" busiIes> or in<b;i1<i adMly.) ':A.l f"A.A ~. Section 1'- RBlARKS-Use tis hm III ~"'l)' d!nU/icalon data _"'II 00 Ite lost ff()'! report """" ~ ITroIItla! gi .. n ~, ~ major ciIaJges in ~ 0/ "'I"'1ing UIl/Is and _ pertJne!11 ilkfmalion _ Go Cl;R'OOCAllON .. .. - ~-.~-.. ----.--.... -

ClJed<One I 1_ 0 I AlIrep<J1S ace acruu:wld -- P'OI'"edin at<ORIar>re",Uens~ (Ch<d~ Con.dida!edRepat;~) ....

I 2 ~ Tll~ report;, _ and _I"l'pared in iitUliIla"" """ !he ,ns!nJdIals ~

~~ofCe1il)wjOlli<ial Ctit.tJ O!I.D,~-ll Tille ..jA;~af1f.S;-'" -l1A"1/.Tgn ~~r};M 7-td:3 N.meofpe"""tlcoola<tregaronglflis"lX'l ~ 3~ .---.--.. Address(rb1lber SImetj

cty .nd Stae '" Jo.I r ~ ~ .. __ .. _ Zip rcoe Tefe!t\ale 110. [",,:lud,ng .,.,. rode:.Jd erurslooj 11 if. £i1, Jl J5'1I1'rI-. --... NI repo'" and ;r>fu<ma!ion ~ Irtm mdNW;i "'!JC(1s od be Ioe!:t <Xridentia as requred by Serum 100[.) of llIe lilt WIU5\JLL Y FALSE ST ATEhENTS ON THIS Rff'QRT ARE PUNISHA&£ BY [MI. U.s CODE.

mu: 18 SB:llON 1001 --.. ,--.. ~ .- .-Dew1pion a Rawald EIho", ldenlilit;ation and'JoO C",-"!/Ones are found ,fIQ,J"";"'eeoc.O<lVle",oo,..rs!eeo1sy"."r.?007,ns!nJdx:"",ctm " -., --;~~:~--~-r~

a~ft.ltSe. . f'l11.Oll6~ Q &UM6 I p~£~~. &t1....

ORDER NO.: O

Ai ') ,,;POURT ORDER ~l,,,, .


STATE OF TEXAS §

COUNTY OF DALLAS §


22nd day of January, 2013, on motion made by ~M"l='l=(e"--,C",a",n",t"r,-,e",l=l",,,---____________ _

Commissioner of District #2 ,andsecondedby~D=r~.~E=lb~a_G~a~r=c=l=·a~, _______ ___

COmmissioner of District 114 , the following Order was adopted:

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

on August 29, 2006, the Commissioners Court awarded an Architectural/Engineering Consultant Services Indefinite Quantity Contract to VAl Architects, Inc. in response to SOQ 2006-072-1894, Request for Statement of Qualifications for Architect & Engineering Services Indefinite Quantity Contract; and

on April 19, 2011, by Court Order No. 2011-722, Commissioners Court authorized Work Order No. 29 to VAl Architects, Inc. design services for temporary shoring and engineering services related to the investigation/remediation of the structural condition of the Frank Crowley Parking Garage D; and

on January 15, 2013, Commissioners Court was briefed to approve Modification No.1 to Work Order No. 29, for fees in the amount of $12,800 for VAl to perform an engineering reassessment of the temporary shoring and interim repairs to Garage D; and

~.

funding will be provided from the Permanent Improvement Fund 126, Unallocated Reserves; and

this project complies with the County's Strategic Plan Objective 5.3 which calls for improving services, programs and appearance of Dallas County facilities.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners Court does hereby authorize Indefinite Quantity Architectural/Engineering Contract Work Order No. 29 - Modification No.1 to VAl Architects, Inc. for an amount not to exceed $12,800 to provide engineering reassessment of the temporary shoring and interim repairs at the Frank Crowley Parking Garage D.

DONE IN OPEN COURT, this the 22"d day of January, 2013.

ABSENT

Clay Lewis J e!J""'""'-~ County Jud

J-----

Dr. Theresa M. Daniel .,.---€emmissiqner of District 1

Recommended by:

Dr. Commissioner of District 4

Chris Thompson \ Director of Operations

! !

COURT ORDER fa f I ,

ORDER NO. :2 0 3 0128 DATE: January 22, 2013

STATE OIiTEXAS

COUNTY OF DALLAS


the ___ ---'2"'2"'n"'d _____ ,day of ___ J"-'a""n"'u"'ar'-.Jy'--_________ ~" 2013 ,on motion made by

_M_l_'k_e_C_a_n_t_r_e __ l_l~, __ C_o_mm __ i_s_s_i_o_n_e_r __ o_f __ D_i_s_t_r_i_c_t __ #_2 ____________________________ -L,andsecondedby

Dr. Elba Garcia, Commissioner of District #4 ____________________________ ~_ ... - following order was adopted:

WHEREAS, the matter set forth below was presented to Commissioners Court in briefing on January 22, 2013; and

WHEREAS, the City of Wilmer and the North Central Texas Council of Governments (NCTCOG) have requested that Dallas County participate in the Pleasant Run Road Overpass MCIP Project 31401 over Union Pacific Railroad at Millers Ferry Road; and

WHEREAS, pursuant to Court Order 2012-1845 dated October 30, 2012, a LOCAL PROJECT ADVANCE FUNDING AGREEMENT (LPAFA) between TxDOT and Dallas Connty designated TxDOT as LEAD AGENCY and Dallas County as LOCAL GOVERNMENT, provided federal/state funds in the amount of $9,061,769 for the project, and assigned project responsibilities and funding related to the various project tasks; and

WHEREAS, pursuant to Court Order 2009-1144 dated June 23,2009, an INTERLOCAL COOPERATIVE AGREEMENT between NCTCOG and Dallas County designated TxDOT as Project Manager (LEAD AGENCY) and Dallas County as public sector sponsor (LOCAL GOVERNMENT) and provided the local match funds in the amount of $2,080,000 to the County for the project; and

WHEREAS, due to budget updates it is necessary to revise the Project Budget Estimate and Sources of Funds which is Attachment C in the existing LPAF A. In order to the so, an ADVANCED FUNDING AGREEMENT AMENDMENT #1 with a revised Attachment C will need to be executed with TxDOT; and

WHEREAS, per the revised LPAFA Attachment C, this project is being funded by TxDOT in the amount of $10,241,335 and through Dallas County serving as the local government in the amount of $2,397,311; and

WHEREAS, this collaboration between NCTCOG, TxDOT, Dallas County and the City of Wilmer will Improve County transportation and other infrastructurc which is consistent with Vision 1: Dallas County is a model interagency Partner; Vision 4: Dallas Connty proactively addresses critical regional issnes and Vision 5: Dallas Connty is the destination of choice for residents and businesses; and

WHEREAS, the Director of Public Works recommends that the attached ADVANCED FUNDING AGREEMENT AMENDMENT #1 with TxDOT be executed for Pleasant Run Overpass MCIP Project 31401; and

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Dallas County Commissioners Court that the County Judge is hereby authorized to execute the attached ADV ANCED FUNDING AGREEMENT AMENDMENT #1 with TxDOT which provides federal funds in the amount of$10,241,355.00 for Pleasant Run Overpass MCIP Project 31401 with County funding in the amount of $2,397,311.00 of which $2,080,000.00 is being funded by NCTCOG through the County and $317,311.00 is to be paid from MCIP Fund 196, Project 8201.

DONE IN OPEN COURT, this the __ ~2~2~n=d _____ ,day of _____ ~~=-' ___ _7'~v

ABSENT

Clay Lewis Jenkins, County Judge Dr. Theresa M. Daniel, District I

Recommended For Approval:

~~ Director of Public Works

STATE OF TEXAS §

COUNTY OF TRAVIS §

CSJ #: 0918-45-844 ROW CSJ #: 0918-47-080 District #: 18-Dalla5 Code Chart 64 #: 50057 Project: Pleasant Run Road Limits: On Pleasant Run Road east of Sunrise Road to west of IH 45 Federal Highway Administration CFDA #: 20.205 Not Research and Development Funding Category: 7 & 10

ADVANCE FUNDING AGREEMENT AMENDMENT #1

THIS AMENDMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, called the State, and Dallas County, acting by and through its duly authorized officials, called the Local Government.

WITNESSETH

WHEREAS, the State and the Local Government executed a contract on November 12, 2012 to effectuate their agreement to widen a 2-lane roadway to a 4-lane divided (ultimate 6) with grade separation and connectors at Millers Ferry Road and Union Pacific Railroad in the City of Wilmer, Dallas County; and,

WHEREAS, it has become necessary to amend that contract;

NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, the State and the Local Government do agree as follows:

AGREEMENT

1. Description of Amended Items

Attachment C, Project Budget Estimate and Source of Funds, of the original Agreement is deleted in its entirety and replaced by Attachment C-1, Project Budget Estimate and Source of Funds, which is attached to and made part of this Agreement.

All other provisions of the original contract are unchanged and remain in full force and effect.

2. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented.

Page 1 of 2 Revised 04/08/11

CSJ #: 0918-45-844 ROW CSJ #: 0918-47-080 District #: 18-Dallas Code Chart 64 #: 50057 Project: Pleasant Run Road Limits: On Pleasant Run Road east of Sunrise Road to west of IH 45 Federal Highway Administration CFDA #: 20.205 Not Research and Development Funding Category: 7 & 10

THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate.

Teres Chief

elson il Division

BY:~Y~\ __ '{~A~.~J~'~~~~~~_ .. ______ ___ erri Turner

Assistant District Attorney

THE STATE OF TEXAS

By: ---.,---,,----:-:-::---c:-----------------Janice Mullenix Director of Contract Services Texas Department of Transportation

Date: ____________________ _

Page 2 of 2

Date: January 22, 2013

Revised 04/08/11

CSJ #: 0918-45-844 ROW CSJ #: 0918-47-080 District #: 18-Dallas Code Chart 64 #: 50057 Project Pleasant Run Road Limits: On Pleasant Run Road east of Sunrise Road to west of IH 45 Federal Highway Administration CFDA #: 20.205 Not Research and Development Funding Category: 7 & 10

ATTACHMENT C-1 PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS

Costs will be allocated based on 80% Federal funding and 20% Local funding until the Federal funding reaches the maximum obligated amount. The Local Government will then be responsible for 100% of the costs.

DESCRIPTION

i (bv State) (Cat. 1 0)

I I (bv State) (Cat.10)

Right of Way (by Local) {"o. 1111

Eligible Utilities (by Local) (Cat. 10)

Construclio~ ~~~ ~::::~ ~g:;:i~)

Total Construction

Direct State Cost - Env. (Cat. 1 Q)

Direct State Costs ... Eng. (Ca!.10)

Direct State Costs - ROW {"o. 1 m

Direct State Costs - UTL (Cat.l 0)

Direct State Costs -CST (Cat.10) (12.17%)

! - CST (9!!UH1?:l?'(O) ............ . Total Direct State Costs -CST

TOTAL FEDERAL ESTIMATED COST PARTICIPATION

% COST

«nnM 80% <~n,nnn

<70n nM 80% <~nn,nm

~fifin,nnn BO% ~44nnnn

$1 Mn,non 80% $1 ?nn non

$4,763,390 80% I $3,810,712 .......... ~~,?fl4,.9~. . ?9.'1> .•.•.. s.~,~~! J~.~~

$8,128,334 $6,502,667

$ln Q1. ~~" $8,782,~67

$1,000 80% $800

$8,000 80% $6,400

$5,000 80% $4.000

$s.oOO 80% $4,000

$579,705 80% $463,764 ." .l~??'~).1.

$791,375

.. .... ....... ~19.~,!il1.. .~9X,. $989,219

$1,nno ?10

STATE LOCAL PARTICIPATION PARTICIPATION

% COST % COST

0% $0 20% $10.000

0% $0 20% ~11in nnn

0% $0 20% $110,000

0% $0 20% •• no nnn

0% $0 20% $952,678 0% .~Q . 20% . ....... ..... ...... .,~!."~~~ .

$0 $1,625,667

$0 .? 'Q< 007

0% $0 20% $200

0% $0 20% $1,600

0% So 20% $1,000

0% $0 20% $1,000

0% $0 20% $115,941 .. 9~~o. I. ••••••.•.. $y:O.+ .... ?~ .. q"~ . .... __ J~.l,.~Q~ .

$0 $197,844

$0 ~?01"""

Indirect State Costs (5.94%) ~Rfi? nQ~ 0% $0 100% $652,093 0% $0

TOTAL ~1? c •• CA. ~ •••• OA? ~"R? flO. $2,397,311

I C~;:.~: ~~:~~::~;~ C~~~~ ._$1.;~:;':~~ I $11,986,553 $2,397,311

Total Estimated Project Cost: $12,638.646

Total estimated payment by the Local Government to the State: $1,987,311; (payment paid to State = $161,588 on 2118110)

Payment by the Local Government to the State upon full execution of this Agreement: $1.825,723

This is an estimate. The final amount of Local Government participation will be based on actual costs.

AFA-LPAFA_ShortGen.doc Page 1 of 1 Attachment C

ORDER NO, ___ 1_3_' '_0_' _t_29 COURT ORDER

DATE: ____ ~J~an~u~a~ryL2~2~,~2~0~13~_

STATE OF TEXAS § COUNTY OF DALLAS §

BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas, held

on the 22nd day of __ "'Ja"'n"'u"'ary"-'-_____________ , 2013, on motion made by

_M_ik_e_C_a_n_t_r_e_l_l~,_C_'o_mm_l_'s_s_i_o_n_e_r_of_D_i_s_t_r_i_c_t_N_o_,_2 ___________ , and seconded by

_D_r_, _E_l_b_a_G_a_r_c_i_a.:.-, _C_o_mm_i_s_s_i_o_n_er_o_f_D_i_s_t_r_i_c_t_N_o_, _4 __ , the following court order was adopted:

WHEREAS, this item was briefed to Commissioners Court on January 15, 2013; and

WHEREAS, the MCIP includes funding for right of way acquisition; and

WHEREAS, pursuant to Court Order 2012-0248, the Commissioners Court awarded an Indefinite Delivery Indefinite Quantity (lDlQ) Contract to Stateside Right of Way Services, LLC, for Right of Way Acquisition Services for a one-year term effective February 7, 2012 to February 6,2013 (RFQ 2012-016-5806); and

WHEREAS, the Contract includes an option to extend the IDIQ Contract for three additional one-year terms; and

WHEREAS, Stateside Right of Way Services, LLC has provided satisfactory ROW Acquisition Services during the initial one year term of this contract and has agreed to continue to perform said services for an additional one year tern1 at the same terms and conditions of the original contract; and

WHEREAS, the Director of Public Works recommends that the Commissioners Court execute Amendment No. I authorizing the additional one-year tenn on the Indefinite Delivery Indefinite Quantity Contract with Stateside Right of Way Services, LLC, effective February 7,2013 to Februaty 6,2014; and

WHEREAS, the subject request is consistent with Dallas County Strategic Plan, Vision 4: Dallas County proactively addresses critical regional issues and is the choice for residents and businesses. Dallas County coordinates programs and services to improve the quality oflife in Dallas County through continuedlincreased efforts to improve the attractiveness of County facilities,

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Dallas Couuty Commissioners Court that the County Judge is authorized to execute Amendment No. I to the Indefinite Delivery Indefinite Quantity Contract with Stateside Right of Way Services, LLC, awarding the one-year extension option, effective February 7,2013 through February 6,2014 or until the completion of all active, fully authorized work orders, which ever occurs last.

DONE IN OPEN COURT this the 22nd day of Janua

ABSENT

Clay Lewis Jenkins, County Judge Dr. Theresa M. Daniel, District I

~~~~~~~~~~-

sc-cndle,::

V: IPropertylIDIQIStatesidel CO_Extend Amend

Attachment: Amendment No. I

Dr. Elba Garcia, District 4

.~~~ ~ Director of Public Works

FIRST AMENDMENT

Dallas County Right of Way Acquisition Services Indefinite Delivery Indefinite Quantity

Contract

Between

COUNTY OF DALLAS, TEXAS

And

STATESIDE RIGHT OF WAY SERVICES, LLC

This Agreement is entered into this __ day of 2013, to amend the Right of Way Acquisition Services Contract between Dallas County (the "County") and Stateside Right of Way Services, LLC ("Stateside").

WHEREAS, pursuant to Dallas County Commissioners Court Order No. 2012-0248 dated February 7, 2012, Stateside was awarded an Indefinite Delivery Indefinite Quantity Contract for Right of Way Acquisition Services for a one year term from February 7, 2012 through February 6, 2013; and

WHEREAS, said contract included a provision that Dallas County in its sole discretion shall have the right to renew this contract for three one year terms from the termination date; and

WHEREAS, Stateside has agreed to perform additional Right of Way Acquisition Services at the County's request for an additional one year, at the same terms and conditions of original contract.

NOW THEREFORE, this first amendment is made by and entered into by the County and Stateside for the mutual consideration stated herein.

I. Purpose County and Stateside both mutually agree to amend said Contract in accordance with the terms of the existing Agreement, except as modified below. The purpose of this Contract is to renew the contract for an additional one year.

II. Amended Provisions Article J, Term. The Contract term shall be renewed from February 7, 2013 (hereinafter, the Effective Date) and will terminate on February 6, 2014, or upon completion of all fully authorized Work Orders, whichever occurs last, unless sooner terminated in accordance with the applicable provisions hereof, or extended by mutual agreement approved by the Commissioners Court. The Contractor will not begin work or incur Costs until each Work Order is approved by formal order of the Commissioners Court and authorized in writing by the County to proceed with the work by written Notice to Proceed.

Except as provided herein, all other terms and conditions of the contract remain unchanged and in effect.

IN WITNESS WHEREOF, THE COUNTY OF DALLAS has caused this Contract to be signed by its County Judge, duly authorized to execute the same in its behalf by Court Order No,2JJl3-Ol29 , approved by the Commissioners Court on January 22 , 20 13 , and signing by and through its duly authorized representative, thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions of this Contract.

COUNTY OF DALLAS, TEXAS STATESIDE RIGHT OF WAY SERVICES, LLC.

• By:

y Judge

~7a.~7~~ APPROVED AS TO FORM: Craig Watkins, District Attorney

Teresa Snelson Chief, Civil Division

By: J1erri Turner

Assistant District Attorney

ATTEST:

*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 cootract 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),

V: \Prop!PropIContracts IStatesidelAmend

\

Except as provided herein, all other ternlS and conditions of the contract remain unchanged and in effect.

IN WITNESS WHEREOF, THE COUNTY OF DALLAS has caused this Contract to be ~ned by its County Judge, duly authorized to execute the same in its behalf by Court Order No. 201 129, approved by the Commissioners Comt on January 22 , 20 13, and signing by and through its duly authorized representative, thereby binding the pmties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions of this Contract.

COUNTY OF DALLAS, TEXAS

Craig Watkins, District Attorney

Teresa Snelson Chief, Civil Division

By iJ1Ci~ .sherri Turner Assistant District Attorney

STATESIDE RIGHT OF WAY SERVICES, LLC.

ATTEST:

*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 attomey(s).

V:\PropIProp\Contracts\Stateside\Amend

ORDER NO. DATE: January 22, 2013 STATE OF TEXAS COUNTY OF DALLAS

COURT ORDER

)

/


22nd day of __ -"J"'an"'u"'ilIY".J-__________ ' 2013, on motion made by

__ M~l·k~e~C~a=n~tr=e=l=l~,~C=om==lli=s=s=i=on=e=r~o=f~D=i=st=r=i=c~t_N~o~.~2~ ____________ ,rulusecondedby

D_r_._E_l_ba_G_a_r_c...,i...,a"-, _C_·o~...,mn=i...,s S_l_' 0_n_e_r_of_D...,i...,s_t...,r...,ic...,t ____ N_o,...,._4 _________ ~, the following order was adopted:

WHEREAS, in cooperation with the City of Cedar Hill, Dallas County will represent the Local Government Agency for the Lake Ridge Parkway MCIP Project 40902; and

WHEREAS, in seeking to provide regional mobility and improved air quality by partnering with Dallas County cities to develop these important infrastructure improvements, Dallas County is remaining consistent with the County's overall Strategic Plan; and in particular is directly fulfilling the following vision statements:

Vision 1 Vision 4 Vision 5

Dallas County is a model interagency Partner Dallas Coun~y proactively addresses critical regional issues Dallas County is the destination of choice for residents and businesses; and

WHEREAS, bids were opened on March 4, 2010 with Tiseo Paving Company, Inc., offering the lowest responsible bid in the amount of $5,523,868.45 to be paid from MCIP Fund 196, Project 8201; and

WHEREAS, Tiseo Paving Company, Inc., has completed said project for an amount of$6,391,259.07 of which they have been previously fully paid with the exception of the sum of$461,959.66; and

WHEREAS, the Director of Public Works recommends that the construction contract for Lake Ridge Parkway MCIP Project 40902 be accepted as complete with Tiseo Paving Company, Inc. and that final payment be made.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that final payment for the Lake Ridge Parkway MCIP Project 40902 construction contract with Tiseo Paving Company, Inc., in the amount of$461,959.66 be paid from MCIP Fund 196, Project 8201, and the project accepted as complete with no further payment due.

DONE IN OPEN COURT, this the. 22nd day of _______ ~-""

ABSENT . J /-~-t(Ui , ILv h:v. Cla/.IWVi:SJenki:n County Ju_d_g_e_ Dr. :heresa M. Daniel, Dist:dike Cantrell, Dist~ct

Dr. Elba Garcia, District 4

Recommended for

J\.~pr~

/ erta L. Blair, P.E. V irector of Public Works

!PROJECT: Lake Ridge Parkway~ MCIP 40902 LIMITS: from Mansfield Road to Dallas County Line

IPROJECT MANAGER: Ali Malekouti. P.E.

ICONTRACTOR: TISEO PAVING

Page 1

MUNIHLY t:.~IIMAIE 28

FINAL

FROM: 9/3012012 TO: 1/2/2013

MONTHLY ESTIMATE_xis

t:HU NO.

DATE: 03104/2010

CONTRACT WORKING DAYS:410 WORKING DAYS CHARGED: 386

CONTRACT AMOUNT: $G,G07,156.371@j1$%,A&*oj thru change order 11

ITE~ ?!*~:~!:*~!~~******~****m~U*~um*.u_uu**u***** UNIT ~~~.~!~:.~*~?*~~!!m.U***~.;.~!~.~*~*.**m .. ~~*~:':*'!!!:~mumm~~!~~_~~~~u :~:~*~~_u* __ *2.~*~~t~*~~?;~~.~:Lm****m~ BASE BID (ROADWAY)

104-1 KI::.MUVI::.l,;UNl,;KI::. i -~--REMOVE CONCREl - 104-3 ,SAwr)!T

1-os,(lREMOVE CEMENT'RECyCCEt6'

!.AD.W6YJ_. ,.,., ,,~~.,~ ~

I 132 --. '1'son--

1

FURN!SH!N.G AND PLA 162 BLOCK ,..."'''''''", .... 164 !CE-UF _____ .. , .. '"'-."".-.---,.-. 169 .SOIL RETENTION BLANKET

_1'!jE.j~.PR(NKlER'H'E',Aj5RE--PATR. __ .

.:3J9%J,PRJME .C:OAT .(M9,~~.QL_. ____ . ~.~.49.Y~, 1,I:1,or ,MIX ASPHALTIC C0.N.GBJ~I~ 360-1 , .... "'~' .... n""..,.."" n,· .-.

175.5 175.5 0.00 '~f,641T 5,924.90 1 0.00 3,078 -'-T-- --- 1 ,821.~--1 0.00 6,442-!- --5,066' --l 0.00

--.- ;00 ---1~i"3j}2--1 -- 0.00 ,845-1- -2845~----1 0

'r--';f6-;ooo 40,000 {426-.cio i' 16,000 16,000 0.00

__ J -93,600 83222.58 0.00 '.( .. 1. ,5,000 5910.80 1777.96 v I .... ~.~.,?.o_o_.. 0.00

"Lq ... OOO 4,742.18 310.00 60 54.00 46.00

3:300 --1 3,300 0.00 ~::-~':872- --r _ ~-,-l~_._ 0.00

I 48,173 40,118.70 0.00 -'Sy"; 2,846 3,218.-63 - 0.00

-.. ~ ~·+'-~~~~2·~ 3 :::- ~'66 _______ ~~A?i10 - i 0:00 l

m3~!i~~flgqN.C;RETE P.A.VE.tIj!.~_~T--(1ni 360-3 CONCRETE HEADER

360-i! CQ~Y-'3_E.I~£t'Y_~M.ENT(13.:L m nnmn I...:>r ',WU._

''''n .. '" "'''''C-'3E:TEJ~,'\YEME~:r.o~'.£~t~~!?EPI!::!l.~, __ .. i ...... !?Y _ .?~-,g_()g ~.!!.,?27.49__ 0.00

''"'vv.vv 1254.50 0.00 <:;(:)f\i(::RETs. PAVEMENT __ n __ . ""__ " I sy 34,256 I

1~:,~~.1S:l~0L,l~P.E::PT-H))AY~~~.!iI ___ ~_~~!"~.9?~:f{J1.L~:': c-v -'4,5QQ:~--"' --------------.. --~ 0.00

) 116 116.00 I 1.0 0.00

403 ITEMPORARY SPECIAL SHORING ~.;:or ' --450 . RN.Ln(lj,'\NDRAIL/PED'E-sfRIAN) . m ___ ""_'_""---- _ __ _ ----.!:.U 90 500 .. ~~ ... - .~.~.. ,,... I

502 BARRICADES,-SIGNS ANO"TRAFFIC'HANDUNG 504 F--(El'b OFFICE -.-... .. '''''--

506-1 CURB !NLET PROTECTION (If1.It::Tlll I \

506 2 CURB !NLET PRO~ECTION 506-3 SEDIMENT CONTROL FEN( 506-4 SEDIMENTCC5NTR6C FENC-E 506-5 ROCK FILTER DAMItI~~@.§i~L

R DAM (TY2)

1

506-7

~)i)'·~~~: __ I:g_9NSTRljCTIOtTEXifJRE:~OVE' _.~ __ !. ,_.?Q?_LC2Q.fiSTR U<::_I.I_f:-I.Q..Q§TOU RS (qLt.Sf:> .. 3,,-_

":28-?fIg~QhQ.i3ED TJ::xi:Y~~iD~(Q!]ERETE-.{i.~j:

MO -I 25 25.00 0.00 ~-I 25 22 0.00 . __ =-~_.J 59 72 0.00

EA 1 59 0.00 Vl 10,181 22,477 0.00 LF.J 10,181 12,241 0.00 -LF- 1 274 188 0.00

··.~:C~=I 274 0.00 EA 4 2 0.00

EA I 4 0.00

-- ~~······ ....•.•. ·.··} ... ~ ... ~ ... ··-~-1.·-'- ________ ~i;~!~. -- 1 ~:~~ J?~1_~0 _ .. ________ n~".?_1_! 0.00 $Y 1 100 352.16 ----.J 0.00 ----,---;;;-132278:00-- -- 28178.34-- 0.00

528 ! COLOB.E:,[) TEXTUJ~g_Q...QQ_t:!.£RETEJ:~y'~~" __ 1528-1* !COLOREDTEXTUREO CONCRETE PAV!

529 !CONq.~E:r:!::. CURB (6" MONOLITHIC}, .... '-,-5~D ~NG~,ETE-j)~,I\(EWAYi{17.)-··--~- -- i SY I 84 52.47 0.00

r-S30:2(,CONCRETE PARKING_' ~~ ._... ---,-------;:;-...:>r 1,007 1.011.00 0.00 !?X._.L 304 440.50 0,00 EA J 5 0,00

EAI 28

$"1"80'-00 $0.00: $31,590.00 $0.00 $7.40: $0.00, $43,844.26 $20,099.14 $2,00; $0.00" $3,642_00 $2,514.00 $2.5.0.:_ $0.00' $12:665.00 $3,440.00

$16.90! $0.00, $2,432.25' $6,017.7~ $2.35 1 $0.00 $6,686.17 io.oc $5.10: $7,272.60 $204,000.00 $O.OC $2.15; $0.00 $34,400.00 $O.OC $1.50: $0.00:_ $124,833.87 $15,566X $2.95: $5,244.98: $17,436.86 42,686.81 $0.60 $0.00 $0.00 $56,1S0.0C $0.80' $248.00 $3,793.74 $4,206.21

$30.00.-:-- $1,380.00 $1,620.00, _ $180.0( $3.00 1 $0_00' $9,900.00 $O.OC

$85.40: $0.00 $96,40;;:_21 $148,861.5f $28.70i $0.00 $1,151,406.69, $231,158.41 $45.65: $0.00 $146,930.46 -$17,010.56 $10.00: $0.00 $0.00 $1_0,000.00 $41.46' $0.00 $128,488.69 .-$8.7 ,028.69

$3.19: $0.00 $74,719.69 -$1,349.69 $49.85; $0.00 $1,980,415_38 -$272,753.71

61.15 $0.00 $76,712.68 $2,782_3 $18.00: $0.00 $0.00' $81,000.00 $49.-00.:_ $5,684.00 $5,684.00 $38,416.00

$104,000.00' $0.00 $104,000.00 $0.00 $7,520.00' $0.00: $188,000.00 ' $0.00 $7,520.00\ $0_00 $161-,_680.00 $26,320,00

$46.35: $0.00' $3,337.20 -$602.5~ $5.15; $0.00: $0.00 $303.8e

__ $1.00] :}O_.OO'_ $22,477.00' -$12,296.0C $0.25, $0.00 $3,060.25' 4515.0C

$18.55 1 $0.00 $3,487.40, $1,595.3C _~6.20! $0.00 $0.00 $,1"EI98.8C

$1,030.00: $0.00 $2,060.00 $2,060.0( $260.00' $0.00 $0.00: $1,040.0C

$35.00: $0.00' $17,798.55, -$10,798.5~ $75.00 $0.00 $61,232.25 -$23,732.2t $57.50; $0.00 $6,877.58 $2,322.4~

___ $84,78: $0.._00 $29,8!5€1J2 -$21,378.1':: 1.00: 0.00 28178.34 4099.66

$60.00 $0.00 $3,148.20 $1,891.80 $37.95; $0.00; $38,367.45 4151.80

_ $30.001 $0.00 $13,215.00 -$4,095.00 $825.00' $0.00 $0.00: $4,125.00

... 1,025.00: $0.00 $26,650.00 $2,050.00 ... ' ,u"' ..... uv· ... v.vv "'';:O,O;:lV.VV ;P';:,U:JU.UU

EA·r 1 EA r· 4

$920:_00' $0.00 $38,640.00 -$37,720,00 42 0.00 $920:_00' $0.00 $38,640.00 -$37,720,00 $985.00 S:O 00 $0.00 $~)140,OD 0,00 $985.00 $0.00 $0.00 'l:"l. C1Af'I f'If'I

(f» © ~ ~

)IIMAIC 28

IPROJECT: Lake Ridge Parkway~ MCIP 40902 LIMITS: from Mansfield Road to Dallas County Line

IPROJECT MANAGER: All Malekoutl, P.E. FINAL

II;UNIKAI;IUK: TISEO PAVING FROM: 9/30/2012 TO: 112/2013

424.96

Ji~og~L~ -j "-"----~'!

550.00 3195.5

- !l_!>_0( ! REP1ACuE-NCE Lr , ',uuu 618! 4"- PVC-CONDUIT -:-J!Q.~,gQ,~= -I --IF 1530

13674.5 61_8! 4" PVC,<::qtJ.DYIT(OPEN <::_UI) ___ __" I LF 1 ___ 40()() __ 662 TE_~{1.I:>.9_F3_A-'~5~ ,~,~~~_~ENT MAHI<.lNGS (PgR-MUICJ - LS _L_t __ ~ ___ '-,_\::y~

_1344 SMA~_~ __ ~!_91J ASSE.M~h_L~.§.,~E~()_C~I_t=J _____________ ~_ 16

1_ .. -~ .. § .. 6.-=,--. B_~E ___ ~_YT. ___ ~_I5,C?,~ __ (:r:Y. _1)_~4_IN) (W)J125. M1Ll.(BRO ... K .. '~ .. LF _ 8,726 ,666.:::2 REFPyrMKGS(TY_I)(61~H~?,~J!:L""_._ i _L£ __ ,2,925 666~3 IREF P\.t'I,rv1 __ ~9_~ (TV I) (4INJJiU125 MIL) ". __ ~':_!-L 28,308

-'~'~'~:gl*~~t~~~-{~_~lLg-~~]EH~}t}~~~1E}-- "I,,-t~____ __ ~~~

1 ....... 6 ... 66. ~6 "J3EF P.VT ...... M ..... K .... ~.G. __ ~_..cr:.'( __ !L<f\r:3_R.J?_W. ). 0:0LI-!lI~L__ 1._ E,~_. 14 672H1 RAISED PVT MARKERS TY II-C-R EA 872

1=-~~?--_k .. -~tll~-~A~~.TE ... ~.M ..... · .. I~ ..•. ~ ..•. p._~~.;-~I:~~~N.~ .. :rM~. __ R .. ~;:~s -~.~.'!. A.J.,-~~-~~ =1-. -il~~o-_~~--_?049-!J.§IOD_~_Qtl~I?A~~,,~_!=ROSION CONTROL LOG (ltJ_~.TI~ 3,926 5049-2! BIODEGRADABLE EROSION CONTROL LOG (REMj LF 3,926

5.611 !CONSTRUCTION STAKING LS 6360C:PARK1NG LOT STR1P!NG,SIGNAGE & FENCE REM.,LS

. BASE BID IDRAl.iIlAGEI

~_"19JL~EMS,t:JT STABILlZ~D 13;\¢K_E:~ "".~_"" __ L LF ---L ,~!?4_ LF i 5, 402 'TRENCH EXCAVATION PROTECTION

-~~~~r1~~~~f~~ti_2R~~~ ~~~ ~~~~'rt~)~g~~IJ1~im-f1IF ~t 464-1 INSTALL 18" RCP 1 LF 1 2,548 464-2 INSTAi:i 24" RCP -------------~".,,- ---",,""--.---------- ----------LF :-2,311----

10,345 5,337 16,133 1,131

630,00 45

1,677 1,080 13,306 2,744

30 1.00 1.00

__?-55 4.

..

_?,?,.!5.9. -------,?~~~'"

2~3~±'_

I.

464-3 JINST,AQ:: 2f'-RC~- ""----,-- i LF ~ r LLO

--4-6-4-4iINSTALL-30" RCP - .~~,~,,- --I -- LF 288 - --, '" 286 _

465-1 CONSTRUCT 1'0' CURB INLET -- l=EA ~13 ~ 1200 I 465-2 CON~THUCT15'CURB INLET _ _ ~ __ - Eft. -, 14 j ~1-LOO ~-465-3119NSTRUCT20'Qt~R~!NLET~ _~ j goo 1_12~ 465--4 CONSTRUCT 3'x3' DROP INLET ---.l EA i 7 2 00 4R'>_'> r.()I\J~TRIIr.TTvPF "A" ~T()RM nRAINM~1JHOLE~ ~_" _ " __

._~.Q.LEAN E?',,~~_!lNG '-:-ULVt;;K

481'% :8" PVC PIPE --A-n'i~1~fR'EMOVE AND DIS'PO'SE-OF

_____ ,-2 JF3_~:~_QVi __ ~N[) [)LSPQ'SE'9F.--556( I FRENCH DRAIN PIPES

4650% : PIPE TO PlPE CONNECTION

~ .. I ..

"-LF --- 152 i -109--=ttj=A 5 ----- i £,.

; 16"-=-36·· RGj-=l.F -=.67ml~·:~ __ ~ .. 3 __ g,Y.B.t:I_I.t:JLE~Li~' ,,!--+. -- ------"----,, 46-0---~

EA 1

0:00 0_00 0.00 0.00 0.00

1 ,665.50 6.336.50

0.00 0_00

1,365.00 1,688.00

16,133.00 219.00 555.50 38.00

859.00 -343.00 1,362.00

0.00 0.00 0,00 0.00

0.00 0,00 0.00 0_00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

____ ,.,. __ po.oo; :$_,t1_._~g.:

.. __ $8_?_!>_ . .Qg: _ $13.05.: __ ____ $7.2~,

$23.151 --,.,. $f251 $25,750.00'

$310:00; $0.40: $0.80: $0.40: $3.10: $5.151

$154.50 i

$3.65: $3.65: $0.40; $1.55' $0.10

$12,600.00: $2,900.00:'

$87.55 $1.05:

$43C;'-00; $105.00!

$30.50: $37.20' $42.00; $4S.10!

$?,340.00; $3,190,00!

3610.00: $1,600.00: $2,660.00'

___ $2,552.00: $2,350.00' $3,200.00;

___ $4,245.00] $3,560.00:

$26.00' $16.00:

$310.00 $28.85:

$1,375,00

MONTHLY ESTIMATE.xls

tJlU NO.: DATE: 03/0412010

CONTRACT WORKING DAyS:410 WORKING DAYS CHARGED: 386

CONTRACT AMOUNT: $6,607,156.37 1@#$%A&*ol thru change order 11

$0.00 $12,748_80 $0_00 $4,130.00 $0.00 $0.00, $1,650.00 $0.00 $0.00 $0.00; $0.00 $0.00 $3,987.50 $3,262.5C

$38,556.33, $73,975.83 -$38,556.3~

$45,939_63 $99,140.13 -$70,140.13 $0.00 $25,750.00 $0.00 $0.00, $0_00 $4,960.00

$546,00: $4,138.00 -$647.6( $1,350.40 $4,269.60 -$1,929.60 $6.453.20 $6.453.20, $4,a70.0C

$678,90: $3,506.10 -$2,278.50 $2,860.83 $3,244.50 42,667.70 $5,871,00 $6,952.50 -$4,789.50 $3,135.35 $6,121.05 42,938.25

-$1,251.95 $3,942.00 -$1,540.30 $544.80 $5,322.40 $277.60

$0.00 $4,253.20 $1,832.10 $0.00 $3.00 $389_60 $0.00 $12,600.00 $0.00 $0.00 $2,900.00 $0.00

$124,514.06 $5,194,762.08

$0.00 $22,325.25 $23,550.9E $0.00 $5,237.40 $486_15 $0.00 $0,00 $39,990_00 $0.00 $2,677.50 $997.50 $0.00 $71,614.00 $6,100.00 $0.00 $86,824.80 H$855.6C $0,00: $9,492.00 $3,276.00 $0,00: $12,898,60 $90.20 $0.00 $28,080,00 $2,340.00 $0.00 $44,660.00 $0.00

0.00 43320.00 0,00 $0.00 $3,200.00 $8,000.00 $0.00 $5,320_00 $0.00 SO.O_O $2,552.00 $0.00 $0.00 $2,350.00 $0.00 $0_00 $44,800.00 ' 432,000.00 $0.00 $4,245_00 $0.00 $0.00 $7,120.00 $10,680.0( $0.00 $2,834.00 $1,118.00 $0.00 $0.00 $1,07~:OO $0.00 $930.00 $0,00 $0.00 $11,540.00 $0.00 $0.00: $1,375.00 $0.00

:),00',-- $413,395.55

PROJECT: Lake Ridge Parkway- MelP 40902 LIMITS: from Mansfield Road to Dallas County Line

PROJECT MANAGER: Ali Malekouti, P .E.

CONTRACTOR: TISEO PAVING

Page 3

MONTHLY ESTIMA 'fi: 28

FINAL

FROM: 9130f2012 TO: 1/2f2013

BiDNO~ 2010:.025-4885 DATE: 03/0412010

MONTHLY ESTIMATE.x1s

CONTRACT WORKING DAYS:410 WORKING OA Y$ CHARGED: 386

CONTRACT AMOUNT: $6.607.156.37 !@#$%"&*() thru change order 11

ITEM DESCRIPTION UNIT QUANTITY Q TO DATE Q THIS MO UNIT PRICE PRICE THIS MO EXTENSION QVER(-)/UNDER(+) " **uU**********h"u"d"******UU*_********U."**_**",,,*"* * ... *"",_ .u*"**u**"uuuu .... **uu*uuuu .... *u*_**u ___ .*" • ...,.* u*_."".*uu*uu*u ............ _ .... u**u._**" *****Uu**"* ..... **"***uu**u*u*"u******"**u*"******u**

. .ElASE BID (CITY UTILITY ITEMS) (100% CITY)

m-._.... .. ... - --- ........ ' __ '-_....L.::=-=--::=I

.·.~ .• ·.;.-_-~i-:~~~~.A~~~~~T (F .. ' .. t>J~_.L)LQ.E-NE'-COtlJT)(TYJ3) ....... Jg~~. .._ ---.~u~~:!! - -~~6~ --- I 170( IRRIGATION SYSTEM REPAIR :LS i 1 1.19

-,~~~~8~-J~8EU~~~~~~G~EK.~~~CR:_P~- - _ ----:----~-*~---I ~ 1~ggl 1~;469 '--5-50 .. -:_1J-_3~RAILPVGj:_E_~_¢_~ --'-'_ -- - -~,~:," ---W ~---~ 407 - 75_?t fjAL,J_LlNG OFF __ ~_RUSH (35 __ y'pJQ6p) - ___ ~ _____ LQ~fL.L ----To) 14

I_S_~.1 __ IADJUST SAN_ITARY SEWEf3. __ .M.6tiHOLE""",,_------L __ S!>. ____ , 42 26

!~!lli!E~iEMENTF~~~sAN'IA====trJJ---{if7. !. -··'tr~ .. ~ ~'_~._1 ____ l13.~LOCAT~ _ _'~)S-'SIl.~~G .. .\NATERLlNE_<8;'·AND 1,2'1 --.l-~~ ___ J 200

W.2 RELOCATE EX!STING FIRE HYDRANT : EA I 2 --.-:.-"~.------------"----"." .. -""--.----------------------""'- t- -- -',""

W ~Q_-!L,J.!?_II\1 __ t:N~LOF _I[VATs.~ METER ____ mmrEA L 8

I

$;.-j~g~~i~M!ii~~~~%~O{:'~~~RE T:;~;i!!~ Y 4 28

8 ____ YY_&t~4" Water_§_~_Ql~t1 _____ ,,_,_, __ ._."_.__ : LS ~~,,:,,1JU! 0" SQB, 26-1_~g.£~(Q _ tORC E ~.6I.~ ______________________ " _______ ,~,~~.___.!:c .. ,,'"'' _1 0,7,00

1 10,945

FM.2# '110" SDR 26-160 PVC FORCE MAIN BY OTHER THAN OPEN~ LF 460

IT"3#.10"_~D_"-26 160F'''io.FgR.GE MAI0:l", Eiilii 16'CASIN: .:.IC: 1,050

--~-~~~J;~o~Jn-~~~[~~@~~~~~il]_~--=----------:~_:~:~','-J.~-,~~'-'~ ~ I FM.6# :10" GATE VALVES ~--d-§~ _ 6 I FM.7#--r¢I~~:2()Og_r:'§1 COB~.f3§~,,~,,~$y~!:p~K-COMP~~~~~= 50

FM.8# !FLOWABLE FILL GROUT I CY 60 FM:-9ii'~l'o;-END-CAP PLUGS -- '----~----EA 2

E.M_J9#i·2'--DRAI-,\Ti,;AL\/:ES-PIPING.~_f.40 5;-DI~-MAN H9i'E i !A"'- 3 f:}Vl_,_h#l2" ~IP~ S!LiB,i-BALL VALVE§ __ IN 5' DIA Mjl-NHC:lL(FOR FUTI _____ ~_ 4 FM_12#{iLABClR & MATERIALS TO REPAIR OR REPLACE SPRINKLER] EA - a

TOTAL BASE BID (CITY UTILITY ITEMS) (100% CITY) ,_ __ __ --.1- I

'TOTAL BASE BID,RQADWAY & DRJlIt-/J\§f. ___ .. .1_

1,312 6

5 2

1 2 5

-t----.-

I , ,

0.00 --------$-5:-1-0'

0_00 ~~f5: 0,44 ____ $,32".?_55.20: 0.00 _____ $225.0Q.:

22.00 $8.09 407.00 ·--$13.85'

0.00 S743-.'75 2.00 $700,00' 0.00 $26.80: 0,00 $39,70" 0.00 $128.75; 0.00 $128,75 0,00 $75.20; 0.00 _ $2,185_00: 0.00 $270.00: 9.00 $250.00' 0.00 $2.7,00:00: 0.00 $1,975.00 0.00 $1,875.00' 0.00 $29.00' 0_00 $250.00' 0.00 $20.00 0.00 $600.00 0.00 $500.00' 0.00 $2,500.00 0.00 $100.00;' 0.00 S150.00; 0.00 $450.00: 0.00 S5,00_0:_00; 0.00 S850.00: 0.00 $150.00 0.00

i $0.00 $13,724,10 $0.00 $0.00 $4,719,25 $0.00

$14,412.29' $38,978,69 -$6,223.49 _ $0.00 $26,885.25 44,385.25 $177_98: $26,211.60 -$14,076.60

$5,636.95 $5,636,95 $41,55 $0.00 $10,412,50 $4,462.50

$1,400.00 $18,200.00 $11,200.00 $0.00 $0.00 $20,341.20 $0.00 $54,984.50 $5,637.40 $0_00 $4,120,00 $257_50 SO.OO $3,218,75 $6,051.25 $0,00 $0.00 $15,040.00 $0_00 $2,185,00 $2,!85,00 $0.00 $1,080.00 $1,080.00

$2,250.00 ' $7,000.00 $0,00 $0.00 SO.OO $5,490,00 SO.OO $15,800,00 $0.00 $0.00 $1,875.00 $0.00 $0,00 $317,405.00' -$7,105.00 SO.OO SO.OO $115,000.00 $0.00 $26,240.00 -$5,240,00 $0,00 S3,600.00 -$2,400.00 SO.Oo.'_ SO.OO $1,000.00 $0.00 $12,500.00 $2,500,00 $0.00 $200.00 $4,800,00 $0.00 SO.OO $9,000.00 SO,OO $450.00 $450.00 $0.00 S10,000,OO $5,000.00 $0.00 $4,250,00 -$850.00 $0.00 $0,00 $0.00

$23,877,22 $609,676.59 _____ L _ ... ~

_~$5,608,157,6:l

PROJECT: Lake Ridge Parkway" MCIP 40902 LIMITS: from Mansfield Road to Dallas County Line

PROJECT MANAGER: Ali Malekouti, P.E.


Page 4

MONTHLY ESTIMATE 2'8

FINAL

FROM: 9/3012012 TO: 1/2/2013

BID No. 2010-025-4885 DATE: 0310412010

MONTH L Y ESTIMATE.xls


CONTRACT AMOUNT: $6,607,156.371@#$%1\&~() thru change order 11

ITEM DESCRIPTION UNIT QUANTITY Q TO DATE Q THIS MO UNIT PRICE PRICE THIS MO EXTENSION OVERH/UNDER(+) * .... u"*"uu**u,,"u"***"""*""u .... ""*uu"u .. ,,"**.,,""",,"'*** u •• u"." ........ hh" .. ""u._ .... "".u*u .. __ "****u"*u.u,, .u .. "u"*_"**U.U_HU*" .... ..,****,,_.*"'''**''* .......... "**"."" ... "***"*M""."** ..... uuu".u .. **u .... u""u",,

ALTERNATIVE 2 (5' SIDEWALK- WEST SIDE)

~31~@l;-::::~:~:'~;~lbl I ~:y l' ~9t ~::_l ~;~~3~g~~:tf~fef,[~O'WIDEm~ ~m =~ I ~~ r_=!,1~O~780 24 . _II

ALTERNATIVE 4 (STREET LIGHT APPU , ~r-JJ>._ .... ~ _J

; _~iJ~~~&~n_-~T_v~_{i~'~~~0~]&t~OUNDAT_ .••. ~_N_)_ \_;_~_.'·' .• :1;}~O~ _.' ._'_i_~_~_'-.. ·-.·. _ .• +~ ALTERNATIVE 7 (SEGMENTAL RETAJNING WALLS)

~23C2~B~jjl:'NG_Vv!\L'(sEGMENTAL) .'. • ••.... "n_mt~s~~i==~6~ ." I

0.00

0.00 0.00

0.00 0.00 3.00

0.00

-:~.?-~~6.-o -ji:-.~-;;:~: ::~:::::_A~E_R_N_~I_V_E_'t;f_"_' __ ~~_o~_--l-.•. -·:~=···-·-··-"~· ====t=== 0.00

_ JIcrrAL ROADII\I.~)"I:l..RI\INAG.E+ PABTNE;~G0_~ __ ' .1 __ ~ __ ~I I. I

plus alternatives

city utility items (100% CITY)

$30.00

$825.00' $30.45

$145.50: $4.05'

$500.00

$21.50'

1,000.00

$0.00 $0_00 $30,000.00

$0.00 $0.00 $9,900.00 $0_00· $23,758.31 $6,691.69

$0.00 $23,758.31 $0.00

$0.00 $72,022.50 $0.00 $0.00 $76,144.05 -$6,443.55

$1,500.00 $1,500.00 $500.00

$1,500.00 $149,666.55 $0.00

$0.00 $0.00 $20,640.00

$1,500.00 $173,424,86

$0.00 $0.00

$1,500.00 $173,424,86

$23,877,22 $609,676.59

PROJECT: Lake Ridge Parkway. MCIP 40902 LIMITS: from Mansfield Road to Dallas County Line

PROJECT MANAGER: Ali Malekouti, P .E.


Page 5

MONTHLY ESTIMA iE-2"8

FINAL

FROM: 9/30/2012 TO: 11212013

BID No. 2010-025-4885 DATE: 0310412010

MONTHLY EST!MATE.xls


CONTRACT AMOUNT: $6,607.156.371@#$% .... &*() thru change order 11

ITEM DESCRIPTION UNIT QUANTITY Q TO DATE Q THIS MO UNIT PRICE PRICE THIS MO EXTENSION OVER(.)/UNDER{+) .... ** ... _ ... ** .......... **" .... *****_ .............. **"**"** ... ****""** .. _*** u**uu .**~***uuu._u*uu**.u .... ***u****,,***,"* .. ,"*.u*,"***""** u******u .... ****** ... h ... u"***** .. U"*h ..... U.... _****** .. u ..... u****** .. **H*"*U .. U*** .. ** .. u**u .. u*** .... "" ..

""'.:~e above. it~.~.:>,.~!!d materials ~.~.~.~. __ -------1 ~~.~.~.+.

___ --"we~~ .. ~~.~!.<:~led and/~.~f~~.~.~~e_d___ ~ .. ~.+_. __ ~!_ "'---+- I

-tTQIi\L WO~I<IO DAII:. LESS RETAINAGE

$6,391,259.07

.~.~---,.-.--... -- -_ .... - -_._ ..... _-DIFFERENCE $6,391,259.07 --~.--

!_._- --... -_. __ ... _-' - ... _.-kESS SPECIAL DEDUCTIONS

--I!LES~,='(luiQAT~g DAMAGES

SUBTOTAL , $6,391,259.07 ~-r----- ~.--

I ',LESS PREVI PAYMENTS -!---"r-

.~----.- -'''~r'''' _. _____ -----1- ..• __

$5,929,299.41

PROJECT MANAGE DATE i AMOUNT DUE -r ~--=r I /~/'3! 1- !

I ~ .. - 7ft I zt[3-···--··~--=-:-~=· ---r-----

f--~~G1:!='==----t_1 -7:2."-"· LI-z·1L-L.!, ._._L_. - _ .. -...... - .-

. $461,959.66

DIRE

PROJECT: Lake Ridge Parkway- MCIP 40902 LIMITS: from Mansfield Road to Dallas County Line

PROJECT MANAGER: Ali Malekouti. P.E.


Page 6

ONTHLY EST1MAfe-2S-

FINAL

FROM: 9130/2012 TO: 1/212013

BID No. 2010"()25-4885 DATE: 03104/2010

MONTHLY ESTIMATE.xls

CONTRACT WORKING DA YS:410 WORKING DAYS CHARGED: 386

CONTRACT AMOUNT: $6,607,156.371@#$%"&*O thru change order 11

ITEM DESCRiPTION UNIT QUANTITY Q TO DATE Q THIS MO UNIT PRICE PRICE THIS MO EXTENSION OVER(-)/UNDER(+) " ,,"***************uu*"****"********u**_****_***,.._*,..*** ****_** *****_**,,**,,***,,****"**_********************,,************ ***_*******h" ... ""********************* .... ***** *_*_************"*************"*"u*""*u**********,,*,,,,,,**

TO THE AUDITOR PO 228379

.~_~ .... _. J-1 f';';;;-I"'~"",-! __ .=ota,~_; ....... _ ................. _ 0.5 County Share (196-0-8311-0-0-8201) L. I $2,~90,791:24 .. _$ __ 63,007:03 .... __ ... $59,85 •. 681. .......... .

~0_5~I~ty of CEDAR HILL (196-0-8318-0--0-8201) C,atR i $ 2,890,;91.241 $ _____ ~3,007:~+-_ $.9,856.67: _____ _

I .. oo~ <::ITY 100% .~_ ,_.1 ", $ 609,676.69$ ... _:3,877-22, $22,683.361

tTOTALS . ·1-~ .. - i _ .. _~_ .... ___L , - ...

%

COUNTY SHARE

iCITY OF CEDAR HILL ---_.-----

144,539.561 ,

2.890,791.24~ $2,746,251.68 i -.------~----,- ---- .-----~-.------ - ----or

/1

CITY 100%

TOTALS

TOTAL PAYMENT

$579,192.76 30,483.831

I---!

t- + 509,675.59

6,391,259.07 $319,562.95

$461,959.66

\P \~\"J

PROJECT: Lake Ridge Parkway. MCIP 40902 LIMITS: from Mansfield Road to Dallas County Line

PROJECT MANAGER: All Malekouti, P.E.


FINAL

FROM: 9/30/2012

Page 7

TO: 1/212013

o. 2O'rO-:020' DATE: 0310412010

MONTHLY ESTIMATE (3).xls

CONTRACT WORKING DAYS;410 WORKING 01\ V$ CHARGED: 386

CONTRACT AMOUNT: $6,607,156.37 f@#$'Yo"'a"o fur« change order 11

ITEM DESCRIPTION UNIT QUANTITY Q TO DATE Q THIS MO UNIT PRICE PRICE THIS MO EXTENSION ?':'7R(-)JUNDER(+)

---I

_._.j-_.

! .~--.-.

PD7

The attached account for

.-

---. __ +._~I _.. .._ .. --+ __ _ , ,

i $461,959_66 !

! .in '""or 0fTJ.s.e" PavingCoI1lP,,'!L____ ._..J ___ . .1 •. ~._ .•

U' ..... H

I .~,.-. ..~~~

.,_._-

i . .. ~--.

i",_",ithinmy kno",lec:llle, just. andtrlJ".,.h"so.<>ibe.!n paidor!,,,,sen~cl..f,,rJlaYl1lent before,an~1 offsells_' _ ...

c",(li~'II"<li"rl'aYl1lenlls_ha\fe})",,n aU"'lVed the",o" .. This >I<:<:ount wasill<:ur~-,,-n_b_ehalf oftit"c;ounty 0!D,,1135,_

and the COllnty has .eceived full benefit thereof. This statement is made for the purpose of obtaining payment ... ""---"-'-"-"""'~'-"-"-"-~---'--"l""'-"'----'------'-"'" .. ,.--.. ,"["", .. --------.-. ', .. ··-----1-' .. · .. ----·----, .. '···-'1~'-""-'·~·-~·--·

oHlle attached account. I I i I - ----- --- ~-~--"l- -- , --- 1 .. ·,·-t--·----.. ------j-..

BY ~~ -.e:-~z=rn -;- -t ...... --- .. -r----... ···~!i- .... -.----,-----. -+~ ,.L ~j-~- .. -.-r--

! ,

rrrl~~~---· . ~ _ r-T 1_· ~.~-- -__ j-_ t_~~~ DATE.j~~/t,3 _+_ ... _: .......... I .. ____ l.~ ... _ +- ........... ~.:--

i ! !

40902 Project Number

TISEO PAVING COMPANY Prime/General Contractor

DALLAS COUNTY MBEIWBE PAYMENT REPORT

LAKE RIDGE PARKWAY 28 & FINAL Project Title Invoice # JOh#

AMOUNT OF BID $5,523,868.45

List each MBEIWBE business that you plan to use on this initiative. Deletion of firms must be approved by Dallas County prior to finalization.

Name of MBENVBE

AXIS CONTRACTING, INC.

BROCK ENVIRONMENTAL

BUYERS BARRICADE CO.

STRIPING TECHNOLOGY LP

T&R EXCAVATION, !NC.

---... --~- .. ---

Planned Amount Planned % Amount of Invoice

$ 750,000.00 13.sn4% $ 13,986.78

$ 35,000.00 0.6336% $ 926,49

$ 30,000.00 0.5431% $ . $ 45,000.00 0.8146% $ 24,730.04

$ 800,000.00 14.4826% $ 82,381.07

NOTE: This form must be completed and submitted with each payment request

Any (significant) deviation from planned should include attached explanation.

Ami Paid to Dale

$ 195,375.64

$ 49,626.24

$ 31,435.49

$ 74,032.00

$ 1,458,596.14

% To Date

2B\p501'Yo

141.7e93%

104.~\O% 1d,,,' .... 1

'--

==========================================================================================~==============

The informatiOn listed above is certified to be correct:

)j303 ROBERT CAUDILUV.P. Printed Name of Officer/Director 1/2/2013

. ! J.~4 {6 ~ I a-Ill... ~,!!!J ",. 51/'" ! I

\·3~(.,. ( ~ Z"'li% "

COURT ORDER

ORDER NO. n~ " J


STATE OF TEXAS

COUNTY OF DALLAS


the ____ -"""-______ day of _________ -"'Ja"'n"'u"'arwy'-________ , 2013, on motion made by

Mike Cantrell, Commissioner of District No.2 '-'-"'-----_.

Dr. Elba Garcia, Corrmissioner of District No.4 , the following order was adopted.

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

------

the matter set forth below was presented to Commissioners Court in briefing on January 8, 2013; aud

this Local Project Advance Funding Agreement (LPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation (the State) and Dallas County (the County) acting by and through its duly authorized officials for a SurfilCe Transportation Program-Metropolitan Mobility Project; and

the Texas Transportation Commission passed an order that provided for the development of, and funding for, pedestrian structures and sidewalks along Loop 354 (Harry Hines Boulevard) from Manana Drive to north of Royal Lane, MCIP Project 10217-A (the Project); and

estimated total Project cost is Six Million, Four Hundred Seventy-One Thousand. Nine Hundred Seventeen Dollars and no cents ($6,471,917.00); and

Federal funding in the Project is estimated to be Four Million. One Hundred Thirtv-One Thousand, Four Hundred Dollars and no cents ($4,131,400.00), or 80% of the total Project cost; and

State participation is estimated to be One Million. Three Hundred Fifty-Five Thousand. Seven Hundred TwentyFour Dollars and no cents ($1,355,724.00); and

County participation is estimated to be Nine Hundred Eighty-Four Thousand. Seven Hundred Ninety-Three Dollars and no cents ($984,793.00); and

Dallas County partners with the City of Dallas and many other cities in Dallas County to implement transportation projects, which is consistent with Vision 1 of the Dallas County Strategic Plan: Dallas County is a model interagency partner; and

the Director of Public Works recommends that the attached Local Project Advance Funding Agreement be executed for development of, and funding for, pedestrian structures and sidewalks along Loop 354 (Harry Hines Boulevard) from Manana Drive to north of Royal Lane, MCIP Project 10217-A.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Dallas County Commissioners Court that the County Judge is hereby authorized to execute the attached Local Project Advance Funding Agreement in order to secure funding for the pedestrian structures and sidewalks along Loop 354 (Harry Hines Boulevard) from Manana Drive to north of Royal Lane, MCIP Project 102l7-A. The total project cost is estimated to be $6,471,917.00. Eighty percent (80%) of the total Project cost, $4,131,400.00, will be federally funded. State participation is estimated to be $1,355,724.00, and County participation is estimated to be $984,793.00.

ABSENT

DONE IN OPEN COURT, this the 22 day of /\~ L I) -~~7~~......." I.A I kill .It! ){0~".-c-c---c-

Dr. Theresa M. Daniel, District I

Rec ded for Approval: , Albe Blair, P.E., Director of Public Works

STATE OF TEXAS §

COUNTY OF TRAVIS §

CSJ #: 0196-06-028 District #: 18-Dallas Code Chart 64 #: 50057 Project: LP 354 (Hary Hines Boulevard) Limits: From Manana Drive to north of Royal Lane Federal Highway Administration CFDA#: 20.205 Not Research and Development

LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT

For A Surface Transportation Program - Metropolitan Mobility Project

THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, called the "State", and Dallas County, acting by and through its duly authorized officials, called the "Local Government."

WITNESSETH

WHEREAS, a Master Agreement between the Local Government and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA; and,

WHEREAS, the Texas Transportation Commission passed Minute Order Number 113074 that provides for the development of, and funding for, pedestrian structures and sidewalks along Loop 354 (Harry Hines Boulevard) from Manana Drive to north of Royal Lane, the Project described herein; and,

WHEREAS, the Project is included in a Municipal Maintenance Agreement (MMA) with the State; and,

WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by resolution or ordinance dated , 2(:)12, which is attached to and made a part of this agreement as Attachment A for the development of the Project. A map showing the Project location appears in Attachment B, which is attached to and made a part of this agreement.

NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows:

AGREEMENT

1. Period of the Agreement The period of this LPAFA is as stated in the Master Agreement, without exception.

AFA-LPAFA_ShortGen.doc Page 1 of 8 Revised 05/04/2012

2. Termination of this LPAFA


Termination of this LPAFA shall be under the conditions as stated in the Master Agreement. This LPAFA may be terminated by the State if the Project is inactive for thirty-six (36) months or longer and no expenditures have been charged against federal funds.

3. Amendments Amendments to this LPAFA shall be made as described in the Master Agreement, without exception.

4. Scope of Work The scope of work for this LPAFA is described as the design, installation, construction, and maintenance of pedestrian improvements and structures to include a pedestrian improvements and structures to include a pedestrian bridge overpass within the Stale's right of way north of Walnut Hill Lane; upgrade existing driveways and sidewalks to Americans with Disabilities Act standards; lighting on bridge columns, bridge underpass and pedestrian plaza on Loop 354 (Harry Hines Boulevard) from Manana Drive to north of Royal Lane.

5. Right of Way and Real Property Right of way and real property shall be the responsibility of the Local Government as stated in the Master Agreement, without exception.

6. Utilities Adjustment of utilities will be provided by the Local Government as required and as stated in the Master Agreement, without exception.

7. Environmental Assessment and Mitigation Environmental assessment and mitigation will be carried out as stated in the Master Agreement. Additionally, before the advertisement for bids, the Local Government shall provide to the State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained.

8. Compliance with Texas Accessibility Standards and ADA Compliance with Texas Accessibility Standards and the Americans with Disabilities Act (ADA) will be as stated in the Master Agreement, without exception.

9. Architectural and Engineering Services Architectural and engineering services will be provided by the Local Government as stated in the Master Agreement. The Local Government is responsible for performance of any required architectural or preliminary engineering work. For projects on the state highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the state highway system, the design shall, at a minimum, conform to applicable American Association of State Highway and Transportation Officials design standards. The State may review and comment on the work as required to accomplish the public purposes of the State. The Local Government will cooperate fully with the State in accomplishing these local public purposes to the degree permitted by State and Federal law.


10. Construction Responsibilities

CSJ #: 0196-06-028 District #: i8-Dallas Code Chart 64 #: 50057 Project: LP 354 (Hary Hines Boulevard) Limits: From Manana Drive to north of Royal Lane Federal Highway Administration CFDA#: 20.205 Not Research and Development

Construction responsibilities will be carried out by the State as stated in the Master Agreement.

11. Project Maintenance The Local Govemment shall be responsible for maintenance of the project as provided for in the existing Municipal Maintenance Agreement, dated December 18, 2006, with the State.

12. Local Project Sources and Uses of Funds A. A Project Budget Estimate is provided in Attachment C. The State and the Federal

Government will not reimburse the Local Government for any work performed before the federal spending authority is formally obligated to the Project by the Federal Highway Administration. After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including federal award information. The Local Government is responsible for one hundred percent (100%) of the cost of any work performed under its direction or control before the Federal spending authority is formally obligated.

B. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Governrnent must complete training before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures Qualification for the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not designated a qualified individual to oversee the Project.

C. A Source of Funds estimate based on the Transportation Improvement Program (TIP) is also provided in Attachment C. Attachment C shows the percentage and estimated dollar amount to be contributed to the project by federal, state, and local sources. The parties agree that the LPAFA may be amended from time to time as required to meet the funding commitments based on revisions to the TIP, Federal Project Authorization and Agreement (FPAA), or other federal document.

D. The Local Government is responsible for all non-federal and non-state funding, including any project cost overruns, unless otherwise provided for in this agreement or through amendment of this agreement.

E. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering for the project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs.

F. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification.


CSJ #: 0196-06-028 District #: 18-Dallas Code Chart 64 #: 50057 Project: LP 354 (Hary Hines Boulevard) Limits: From Manana Dr'lve to north of Royal Lane Federal Highway Administration CFDA#: 20.205 Not Research and Development

G. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement with approval by appropriate personnel of the Local Government.

H. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the Local Government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities.

I. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Any entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit.

J. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party.

K. The Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by the State no more frequently than monthly and no later than ninety (90) days after costs are incurred. If the Local Government submits invoices more than ninety (90) days after the costs are incurred, and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs.

13. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements, and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State.

AFA-LPAFA_ ShortGen.doc Page 4 of 8 Revised 05/04/2012

14. Incorporation of Master Agreement Provisions

CSJ #: 01 96-06-028 District #: 18-Dallas Code Chart 64 #: 50057 Project: LP 354 (Hary Hines Boulevard) Limits: From Manana Drive to north of Royal Lane Federal Highway Administration CFDA#: 20.205 Not Research and Development

This LPAFA incorporates all of the governing provisions of the Master Agreement in effect on the date of final execution of this LPAFA, unless an exception has been made in this agreement.

15. Insurance If this Agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work.

16. Debarment Certification The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this Agreement, the Local Government certifies that it is not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal funds and, when requested by the State. to furnish a copy of the certification.

17. Cost Principles and Office of Management and Budget (OMB) Audit Requirements In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A-S7 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project.

18. Notices All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address:

Local Government:

Director of Public Works Dallas County Public Works Dallas County 411 Elm Street, 4th Floor Dallas, Texas 75202

State:

Director of Contract Services Texas De~artment of Transportation 125 E. 11 h Street Austin, Texas 78701

I All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending



written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party.

19. Civil Rights Compliance The Local Government shall comply with the regulations of the U.S. Department of Transportation as they relate to non-discrimination (49 CFR Part 21 and 23 CFR Part 200), and Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60).

20. Disadvantaged Business Enterprise (DBE) Program Requirements A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements

established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE

guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision-making authority regarding the DBE goal and shall be responsible for documenting its actions.

D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally-Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address http://txdot.gov/business/businessoutreach/mou.htm.

E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT)-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of DOT -assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).

F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub-contractor) must include the following assurance: The contractor, SUb-recipient, or sub-contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate.



21. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this Agreement agrees to comply with the Federal Funding

Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This Agreement is subject to the following award terms: http://edocket.access.gpo.gov/2010/pdf/201 0-22705.pdf and http://edocket.access.gpo.gov/201 0/pdf/20 1 0-22706.pdf.

B. The Local Government agrees that it shall: 1. Obtain and provide to the State and the Federal government, a Central Contracting

Registry (CCR) number (Federal Acquisition Regulation, Part 4, Sub-part 4.1100) if this award provides for more than $25,000 in Federal Funding. The CCR number may be obtained by visiting the CCR website whose address is: https:llwww.bpn.gov/ccr/default.aspx;

2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine-character number that allows the Federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website http://fedgov.dnb.com/webform; and

3. Report the total compensation and names of its top five (5) executives to the State if: I. More than 80% of annual gross revenues are from the Federal government, and those

revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the

U.S. Securities and Exchange Commission.

22. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502,

ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133. B. If threshold expenditures of $500,000 or more are met during the Local Government's fiscal

year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Audit Office, 125 E. 11 th Street, Austin, TX 78701 or contact TxDOT's Audit Office at http://www.txdot.gov/contactus/audit.htm.

C. If expenditures are less than $500,000 during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Audit Office as follows: "We did not meet the $500,000 expenditure threshold and therefore, are not required to have a single audit performed for FY "

D. For each year the project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year.


23. Signatory Warranty

CSJ #: 0196-06-028 District #: 18-Dallas Code Chart 64 #: 50057 Project: LP 354 (Harry Hines Boulevard) Limits: From Manana Drive to North of Royal Lane Federal Highway Administration CFDA#: 20.205 Not Research and Development Funding Category: 7

Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented.

THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate.

THE GOVERNMENT - DALLAS COUNTY

Ap s to Form: Craig Watkins District Attorney

Teresq Snelson

Chief{~tl DiViSiU By:, 0 l W./l /

.. herri Turner Assistant District Attorney

THE STATE OF TEXAS

By: _~:---:-:-:-:--:--______ _ Janice Mullenix Director of Contract Services Texas Department of Transportation

Date: __________ _

AFA-LPAFA_ShortGen.doc

Date: January 22, 2013

Date: _______ _

Page 8 of 8 Revised 12/10/2012



ATTACHMENT A RESOLUTION OR ORDINANCE

Page 1 of 1 Attachment A



ATIACHMENT B PROJECT LOCATION MAP

Page 1 of 1 Attachment B

CSJ#: 0196-06-028

District #: 18· Dallas

Code Chart 64 #: 50057

Project: LP 354 (Harry Hines Boulevard) Limits: From Manana Drive to North of Royal Lane

ATTACHMENT 'B' PROJECT LOCATION MAP

Federal Highway Administration CFDA#: 20.205

Not Research and Development

FOREST LANE

ROYAL LANE

WALNUT HILL LANE

iii 0..

~ U

= ~


ATTACHMENT C PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS

Costs will be allocated based on 80% Federal funding and 20% Local Government funding until the federal funding reaches the maximum obligated amount. The Local Government will then be responsible for 100% of the costs.

I Total Federal I State Local Description i Estimate Participation Participation Participation

Cost % Cost % \ Cost % Cost

Environmental (by Local) $60.000 0% $0. 0% $0 100% $60.000

Engineering (by Local) $847.898 0% $0 I 0% $0 100% $847,898 ,

Riqht of Way (by Local) $10,000 0% $0 0% $0 100% $10,000 I

Utilities (by Local) $20,000 0% $0 0% I $0 100% $20,000

, Construction (by State) $4,497,692 80% $3,598,154120% 1 $899,538 0% $0

I • Subtotal $5,435,590 $3,598,154 $899,538 $937,898 '

Direct State Cost - Env. @ 5.0% $3,000 0% $0 , 100% $ 100% $3,000

Direct State Cost - Enq. @ 5.0% $42,395 0% $0 100% $ 100% $42,395 I I

Direct State Cost - ROW. @ 4.0% $500 0% $0 100% $ 100% $500

Direct State Cost - Utilities. @ 4.0% $1,000 0% $0 tOO% $ 100% $1,000 '

• Direct State Cost - Construction @ 4.0% $666,558 80% $533,246 • 20% $133,312 , 0% $0

Indirect State Costs @ 5.94% $322,874 0% $0 100% i $322,874 0% $0 I

TOTAL $6,471,917 I $4,131,400 I $1,355,724 $984,793

Estimated Total Project Cost = $6.471.917

Estimated Total Local Government Participation) = $984.793

Estimated Total Payment by the Local Government to the State upon full execution of this Agreement = $46,895

This is an estimate. The final amount of the Local Government participation

AFA-LPAFA_ShortGen.doc Page 1 of 1 Attachment C

Dr.€¦ · seconded by Dr. Theresa M. Daniel, Connnissioner of Dist, ~ the following Order was...

Documents

Transcript of Dr.€¦ · seconded by Dr. Theresa M. Daniel, Connnissioner of Dist, ~ the following Order was...