RE 2002-10-22.1 RESOLUTION NO.~.~0~~/'6~,o /
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN
INTERLOCAL AGREEMENT WITH DALLAS COUNTY, TEXAS FOR
CULTURAL RESOURCES INVESTIGATION FOR SANDY LAKE ROAD
PROJECT 91-830, WHICH IS ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT "A"; AND PROVIDING AN
EFFECTIVE DATE.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION 1. That the Mayor is hereby authorized to execute an Interlocal Agreement
with Dallas County, Texas for cultural resources investigation for Sandy Lake Road Project 91-
830, which is attached hereto and incorporated herein as Exhibit "A".
SECTION 2. This Resolution shall become effective immediately from and after its
passage, as the law and charter in such cases provide.
DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this
the ZZ ~'~ day of ff~z~d_-,-.t_)~ , 2002.
APPROVED:
CAND~/-~HEEI-~, MXYb~.
ATTEST:
LIBBY I~J[LL, CITY SECRETARY
v?m:
ROBERT '~" h~REG2H/cR,d~ ' ~/~16/0A2~TORNEY
51405
STATE OF TEXAS
COUNTY OF DALLAS
INTERLOCAL AGREEMENT
BETWEEN DALLAS COUNTY AND CITY OF COPPELL
"fOR CVLrU. RAL RESOWCES gESrlGAr!°
SANDY LAKE ROAD PROJECT 91-830
WHERE AS, the City of Coppell, Texas, hereinafter called "City", and the County
of Dallas, Texas, hereinafter called "County", desire to enter into an interlocal agreement for
the purpose of determining if a previously designated prehistoric archaeological site,
41DL12, extends into the area of the proposed construction project on Sandy Lake Road, as
further described by Exhibit "A"; and,
WHEREAS, Chapter 791 of the Texas Government Code, as amended, provides
authorization for local governments to enter into interlocal contracts;
NOW THEREFORE, THIS AGREEMENT is hereby made and entered into by City
and County for the mutual consideration stated herein:
WITNESSETH
City has requested and County agrees to participate financially in a Cultural
Resources Investigation for the Sandy Lake Road Project 91'-830 fi:om Kimbel Kourt to the
east City Limits adjacent to the Elm Fork of the Trinity River, hereinafter called the
"Investigation", as further described in Exhibit "A" attached hereto and incorporated herein
for all purposes. The investigation has been determined to be a vital part of project
development and delivery and is normally funded by the agency managing the design.
II,
City agrees to provide for Cultural Resources Investigation SerVices (the
Investigation") needed for the Sandy Lake Road Project 91-830. All services will be acquired
in accordance with the laws of the State of Texas, including, but not limited to the
Professional Services Act
III.
County agrees to participate in the Investigation in an amount not to exceed Six
Thousand Dollars ($6,000.00), hereinafter called the "Not to Exceed Amount" as fair
compensation for County's participation in said Investigation. County agrees to pay to City
up to the sum of Six Thousand Dollars ($6,000.00) as County's total cost of the
Investigation within thirty days of receipt of invoice and documentation Showing the award
SANDY.LAKE ROAD ~ROJECT 91-830 IL1 1
to the successful vendor by the City Council and such other documentation as may be
required by the County Auditor. All County and City funds will be paid from currently
available revenues.
City agrees to pay all cost of the Cultural Resource Investigation in excess of County
contribution. City further agrees, at its cost, to do all work necessary to comply with all state
· and federal requirements necessary to utilize .the Investigation and COmpliance or remedial
actions as may be necessary to Use such fight of way for ro~idway purposesl ' '." -' .:
Ve
City agrees, at no additional cost, to provide County with a duplicate copy of all deliverables
from said Investigation.
VI*
The term °fthis agreement shall be 15om the date of the last signature approving the
agreement until the completion of the Investigation, receipt of all deliverables and final
payment as provided herein.
VII.
This Agreement shall be expressly subject to the sovereign immunity of County and
the governmental immunity of City, Title 5 of the Texas Civil Practice and Remedies Code,
as amended, and all applicable federal and state law. This Agreement shall be governed by
and constructed in accordance with the laws and case decisions of the State of Texas.
Exclusive venue for any legal action regarding this Agreement filed by either City or County
shall be in Dallas County, Texas.
VIII.
ENTIRE AGREEMENT. This Agreement, including all Exhibits, and Addendum,
constitutes the entire agreement between the parties hereto and supersedes any other
agreement concerning the subject matter of this transaction, whether oral or written. No
modification, amendment, novation, renewal or other alteration of this agreement shall be
effective unless mutually agreed upon in writing and executed by the parties hereto.
BINDING EFFECT. This Agreement and the respective rights and obligations
of the parties hereto shall inure to the benefit of and be binding upon the successors and
assigns of the parties hereto as well as the parties themselves; provided, however, that
County, its successors and assigns shall be obligated to perform County's covenants under
this Agreement only during, and in respect of their successive periods as County during the,
term of this Agreement.
SEVERABILITY. If any provision of this Agreement shall be held invalid, void
or enforceable, the remaining provisions hereof shall not be affected or impaired, and such
remaining provisions shall remain in full force and effect.
SANDY LAKE ROAD ~ROJECT 91-830 ILA 2
BINDING AGREEMENT / PARTIES BOUND. City and County certifies that the
person executing this Agreement has full authority and is authorized to execute this
Agreement on behalf of City of Coppell and County ofD. ailas. S!~eh authority is evidenced ·
by a resolution nUmber~"' ,dated the~4tay of ~2002 has'been
duly passed by the City of Copell and Court Order No -2tXI.2~.122_ of the 19th day of
November ,2002, which constitutes a legal, valid and binding obligation of the parties,
their successors and permitted assigns.
HEADINGS. Headings here in are for convenience of reference only and shall not
be considered in any interpretation of this agreement.
NUMBER AND GENDER. Words of any gender used in this Agreement shall be
held and construed to include any other gender and words in the singular shall include the
plural and vice versa, unless the context clearly requires otherwise.
XIVe
COUNTERPARTS. This Agreement may be executed in multiple counterparts, each
of which shall be deemed an original, but all of which shall constitute one and the same
instrument.
XVe
CHANGES IN LAW Any alteration, additions or deletions to the terms of this
Contract which are required by changes in federal or state law are automatically incorporated
into this Contract without written amendment to this Contract and shall be effective on the
date designated by said .federal or state law.
XVle
NO THIRD-PARTY BENEFICIARY ENFORCEMENT. It is expressly understood
and agreed that enforcement of the terms and conditions of this agreement and all right of
action relating to such enfomement shall be strictly reserved to City and County and nothing
contained in this agreement shall give or allow any claim or fight of action whatsoever by
any other person on this agreement. It is the express intention of City and the County any
other entity other than City or the County receiving services or benefits under this agreement
shall be deeded an incidental beneficiary only.
SANDY LAKE ROAD PROJECT 91-830 ILA 3
XVII.
NO JOINT ENTERPRISE. It is expressly understood and agreed that the contribution of
funds, a shown herein, is the total participation by County in the Investigation and such participation
does not constitute a joint enterprise between the parties.
The CityofCoppel!, state of Texas, has executed the Agreement Pursuant to duly authorized
City Couneil'ReS°lution~O°~.~-/0m./, Minutes ' Dated the ~-.'~ day
of
The County of Dallas, State of Texas, has executed this agreement pursuant to
Commissioners Court Order Number 2002-2127 and passed on the 19th day of
November , 200_Z
CITY OF COPPELL//
BY: TITI~,E / ~
/
ATTE~~~~~.~
BY: CITY SECRE~RY~TTORNEY
COUNTY OF DALLAS
APPROVED AS~O FORM:
Dallas County District Attorney
SANDY LAKE ROAD PROJECT 91-830 ILA
CITY IF C~PPELL EN6R. ~EPT. e D2i46556445
"'~R C
PROPOSAL fOR '
ARCHAEOLOGICAL INVESTIGATION OF
SANDY LAKE ROAD
COPPELL, TEXAS
Subrait~! ~:
ClIY OF COPPELL
P.O. Box 478
Coppell. Texas 75019
AR CONSULTANTS, INC.
-~~ Alan Skinner, l~hD.
HISTORIC BUILDING5
ARCHAEOLOGY
NATI,.'IL-~L $CiE..~C-'E5
CITY CF' CCPPELL EHGR, DEPT. ~ ~214653E:,445
A~ CHAEO L O~IC,4L INYF-~TI OA TION AI. ONG
!
CITY OF COPPELL
-. SAr ¥ L rtOAZ) Wnh N O.. '..: ':.
(Kimbel Kourt to East' City Limit~) -
CULT L RESOURCES ]INVESTIGATION
SCOPE OF SERVICES
.Introductlou
The City of Cop~ll is planning end permitting of the widening of Sandy Lake Road
between KJmbc[ Kourr and thc East City Limits adjacct~t to the Elm Fork of the Trinity
River ~igure I). Much ~f this area h~s been disturbed by previous road con.s~'uct{on as
well as gravel mining, dralnagc channelizafion, and recent housing developments. Thc
area is cntirely within the ELm Fork floodplain.
A p~chistoric archaeological site, 41DLI2, ~vas recorded ~outh of the road in 1940 and
more recently C. Reid Fcrring (1986:89-92, 144-246) evaluated a deeply buried deposit
that he correlated with this s~rne site. The primary pUrPoic of resting is to dCtcnt~c if
site 41DLI2 extends north to the area of proposed wldc~ng of Sandy Lake P, oacI just
wca of thc £tm Fork.
AR ConsuI~,tts, Inc. (aP.C) is pleased to submit this Scope of Se~iccs in order to allow
thc C[t~ of Coppeli to satisfy federal and state ~cqulrements with regard to the discovery
and cvalualion of cultural resources that may be present within the project area. The
purpose of the study will bc to determine if cultural resources are present ~thin thc
proposed projcc! corgdor, to assc~ th~ significance of any historic or prehistoric
resources present, an~! to make recommendations about how to mitigate thc Loss of any
cult~al resources deemed significant.
ARC propos~ to conduct the following tasks (Tasks l-b) to complete dgs project. Thc
proposed cost is also incl~tded-
AR CONSU[,TANT~. iNC.
0~,x05,-~.~32 15:,~0 CITY OI= CCPPELL EHGR. DEPT. ~ 321465~6.~45 r,C. 7 ~.]
06/05/~2
C[T~ CF CCPPELL Er~GR. DEPT. ~ 92146526445
A.RCI'L4EOLOGICAL INFF..f'ITOA IlION ALONG ,.V. AND¥ ~ .ROAD
Task Descriptions
~ Obtain TAC Penni~
Prior to initiation of fieldwork, Dr. S_~;,-er will secure an Antiquities Pennlt fi'om, the
Tcxa~ Histori~l .COmmission (THC). The.permit will be between .ARC and .'I~_~C, but
will requizc thc signature of a Ci~ of Coppell official or their' rcpresentagve. We will
request a one-year permit.
Task 2: ,,~*chivlfl Evaluation ct ~he Study Area
ARC has conducted ~rchival research on pa.st land use or,he road mute and ~ presented
h'ds information to the THC. The r~view includes various maps, photographs, backs, and
l'~ords available in Dallas County. Wa have also con~acted avocational archaeologists
aboul unrecorded prehistoric archaeological sims la rids pan cftc Elm Fork.
Task
Cultural l~sou~es Survey
The study area will be walked irt its cntircty in order to locate exposed surf'ace artifacts
and ~o record the presence of mussel shells, burned animal bone, and o~er evidence et
prehis~.oric occupation which may be buried under thc surface and have been exposed by
pa~ land disturbances. Shovcl-tcsrlng ma)' bc done/n r. heae areas, but b~ckhoe ~'enchln$
will I~ usx to ~.xplom for buried deposits to determine if recorded prehistoric site
41DLI2 extends into ae road corridor. At prce~! wc anliclpe~e that be site does not
extend io~° this area. It is expected thai wc will excavate a minimum of four back.hoe
trenches as part of this investigation. The backhoe and operazor will be provided by thc
CiTy of Coppell. Each trench will Ix: profiled and inspected for evidence cf bm-lcd
cul~al ma~riaIs and ancient soil horizons. The Quaternary deposits of the Elm Fork
floodplain are poorly recorded (Farting 1990) and it is our opinion that thc potent, iai oF
discovering in-place ~rchaeolol~ical del~sks like Ihe Aubrc¥ Clovis site is low bu~ shell-
iccis and midden deposks ar~ possible.
~ Lsboratory Analysis
Laboratory analysis ~I! progress along with t, he ~asks outlined abovc. Intcrlm analyses
will bc conducted doting thc tasks and results that are critical to the scheduling of the
project will intmcdiatcly be ~ransmiucd to ~he Ci~ of Coppell. LaboraIory analysis will
include thc preparation of artifacts end records for permanent creation es well as ~e
description of the artifacts and other cultural evidence discovered during survey ~d
cestin$. Thls also includes the preparation of maps, pho~ographs, and r~corcls gencraled
durlag Task 2.
.~.R C Ot[SU£ T4h"r& 1,V~
~iltCI~EOLOGICAL I~il/~..S'TIC, ATION ALON6 SA~I~ ¥ IAIZ J~OAO .
4
~ Comprehensive R~lmrt
'l'hi~ ~.sk ,,,~tI involve the prep~tration of a complete draft report that v,~ll be subn~tl~d to
thc review a~¢ncies ~er rev~c~v by the City of Coppell. The draft report (2 copies) will
be submitted to the City 'of Coppell, ~he Corps of Iinginee~s, and Wex~ HisUn'icai
Corrtmtssion'for review. Attcr review and setisfactory responses to the review agc'ncice,
20 c~Pie$ of t~e final report will be submitted.to the Tcxe.s Historical 'Commission as per
the terms of their permit Five copies Wilt abo be ~btrtlttccl to ~he City of Copl.'~ll for'
distribution ~s they see fit.
'I',,sk 6:. Artifact/R, ecord Curation
Thc p,,,rmeaent curation of the artifacts and records generated by this inve~gation will be
arranged with the Dcpar~men~ or' AnthropoloEt at 8outhcm Methodist Univers'~ty. This
repository is epproved by the Texes Historical Commission for permanent cttratlon. The
cost of this curation is included.
Schedule
ARC is prcl~rCd to begin work on this investigation immediately upon receiving a
Notlc¢-To-Proceed. During thc first week, ARC expects to secure the Antiquities Permit
(Task 1). Task 2 has been essentially completed. The cultural resources survey (Task 3)
should begin no later then week 3 and $1~ould take no more than one week to complete,
a~uming gOod w. eathcr. Beckhoe l~enchfrtg will then be carried out during the same or.
'the foltawing week. Tas!~ 4 and 5 wilt begin just as soon as Tasks 3' is completed and the
results of Task 4 into thc report ~lt be incorporated jus~ as soon as they are availe.ble. 'It
is anticipated that the draft final report can be submitted for review no l~ter than 3 weeks
after the fieldwork is complctcd. The Cornmir~ion generally requires a month for draft
rcpo~ review. The revised final report should be completed no longer then two weeks
after the reviewed draiB are rcttuned.
Deliverablas
The draft and final repons a~e the major deliverable product o}' this inve~igation. Wc
will also prepare field and laboratory records so that they are available for review, if
needed, and they will be presented to the curnt|on facility at the end of the investigation.
Staffin~
We propose thc followini~ staffing for thls project:
S. Alan Skinner, Ph.D. will serve a.s Principal Inve.~-tlgator and as Principal lnvestiltat°r
ind Project Archaeologist. He will be assisted by Lance K. Trask, Floyd D. Kent, and
Jesse Tndd. Resumes are available.
Ttds invcstigetion vdll b~ carried ou~ by ARC for the lun~p sum of $ 6,000.00. Half will
b~ billed when thc field, york is completer, the remainder when the dr~ ~cpart bee been
ai~ov~ by ~e Tc~as Histor1~lCommiserl~n.. -' '.. ~ .
ci~ ~enager
Ci~,~' Coppell, TX
S ~Alm Sktnner, PhD Der~
President ·
~ Consul~n~s, Inc.
dR CONSUI, TANT~ INC.
Relevant References
F~mi~fl, C. Reld
lilt L,~I~ Q~a'.¢m~y G~o .19~y M~d En virom~enl~ of d~ UPF~' TriniTY ]~i~t~- l~ "In A*u~'umem' q/'d~
App~e4S~nc~;. ~' '-'~.'. '.- ' .' ': · '-:.'.'. · · '-'. -
~1, D~kl J.
l~O Low~ ~ Fork Prt~tto~. a R~d~finit~on of Cul~al C~
Skier. fi.
1999 Cut~,al g~o~ l~t;g~ton m ~n~ ~n C~;~ P~ Cop~. r~. AR
1999 Ckl~rai R~ou~ lnctdtnt at
Culmnl ~es~r~s Rcpo~ 99-2 l-
Sk~ee, S, Alan, ~e~
T~k. Lance ~., B~nde
1996 ~colog~al
p4t: l~tt~/l.~eCo plxll
I·
,,IR COH~IILT,~I~.
DALLAS COUNTY
PUBLIC WORKS
December 12, 2002
Mr. Ken M. Griffin, P.E.
City Engineer
City of Coppell
P. O. Box 9478
Coppell, Texas 75019
Re'
Sandy Lake Road Project 91-830
(Kimbel Court to the east City Limits adjacent to the Elm Fork of the Trinity River)
Transmittal of lnterlocal Agreement for Cultural Resources Investigation
Dear Mr. Griffin:
Transmitted herewith is one (1) fully executed original of the subject Interlocal Agreement for
Cultural Resources Investigation for your records and use, as well as a copy of Court Order 2002-
2127, dated November 19, 2002 authorizing same.
If you have any questions or comn~nts, please feel free to contact this office at 214-653-7151.
Sincerely,
s, P.E.
Senior Project Manager
JL1VI:dl¢
Enclosure
411 Elm Street, 4th Floor Dallas, Texas 75202 (214) 653-7151
ORDER NO.
2002 21.Z7
STATE OF TEXAS
COUNTY OF DALLAS
COURT ORDER
BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas, held on the
19thlay of November
,2002, on motion made byMik~ Cmnl-r~ll;Cnrnm.nf m.~t:#2 ,and
seconded by Jim Jackson, Conan.of Dist.O'i
, the £ollowing order was adopted:
WHEREAS, the matter set forth below was presented to Commissioners Court in briefing on November 5, 2002; and
WHEREAS,
the 1991 Thoroughfare Bond Program included funding for design and construction on Sandy Lake Road from MacArthur
Boulevard to Coppell City Limits, Project 91-830, in the City of Coppell in District No. 1 in the amount of $3.6 Million;
and
WHEREAS,
the City of Coppell and Public Works staff desire to determine if a previously designated prehistoric archaeological site,
(41DLI 2), extends into the area ofl~e proposed construction project by performing a Cultural Resources Investigation; and
-"qEREAS,
in the attached Inteflocal Agreement the City has agreed to perform the requested Cultural Resources Investigation at a cost
not to exceed to the County of $6,000.00; and
the Director of Public has reviewed the attached Interlocal Agreement and recommends its execution.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Dallas County Commlqloners Court that the County Judge is
hereby authorized and directed to execute the anached Intedocal Agreement with the City of Coppell, in the amount of $6,000.00 for the Sandy
I.ake Road Project 91-830 to be paid from Bond Fund 00424, Project 50079, Code 08010.
DONE IN OPEN COURT, this thc 19th day of November
-lVia/tid'e'/Keiiher I/ J'un] n
Co6n't udge
Joh
~ For Approval:
Donald 1L Holzwarth, P.E.
Director of Public Works
Mike Cantrell
District 2
Kenneth A. Mayfield
District 4
r
RESOLtmON NO. f-OOZ"/O Z./
A RESOLUTION OF ~ CITY COUNCIL OF Ti:IF~ CITY OF
COPPELL, TEXAS, AUTHORIZING TiqlZ~ MAYOR TO EXECUTE AN
INTERLOCAL. AGREEMENT WITH DALLAS COUNTY, TEXAS FOR
CULTURAL RESOURCES INVESTIGATION' FOR SANDY LAKE ROAD
PROJECT 91-830~ WI:HCH IS ATTACI:rED FIF~RETO AND
INCORPORATED FIF~REIN AS EXFIIRIT "A"; AND PROVIDING AN
EFFECTIVE DATE.
NOW THEREFORE, BE IT RESOLVED BY TI:IE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION 1. That the Mayor is hereby authorized to execute an Interlocal Agreement
with Dallas County, Texas for cultural resources investigation for Sandy Lake Road Project 91-
830, which is attached hereto and incorporated herein as Exhibit "A".
SECTION 2. This R~olution shall become effective immediately fi.om and after its
passage, as the law and charter in such cases provide. '.
DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this
· of . 2002.
CANDY SI-I~E~MAYOR
ATTEST:
APPRO~ TO FORM:
RO~"'~R-T E." HAdE~fr~ ATTORNEY
(REI-~db ~0/~6/02)
51405