ST9304-CS 880623Mr. Alan Ratliff
City Manager
City of Coppell
P. O. Box 478
Coppell, TX 75019
June 23, 1988
Dear Alan:
The enclosed "draft" is my idea of contents of an agreement
with the City of Dallas for coopertive improvement of
Beltline Road. When I have information to fill the blanks
and the exhibits - have incorporated your comments, I
believe we are ready to submit a draft to the City of Dallas
for their consideration. May I call you to discuss this with
you in a day or two?
Very tru/~l.~ y r~~
George R. Schrader
GRS:V
Enclosure
2()()i
[ )<'dJ.AN.
(21))
FOR' htRDED TO
/VLkYOR AST) COUNCIL
STAT~ OF TEXAS
COUNTY OF DALLAS
D~T
AGREEMENT
FOR
FROM
WHEREAS, the City of Coppell, Texas, hereinafter called
"Coppell", and the City of Dallas, Texas, hereinafter called
"Dallas", desire to enter into an agreement for the design,
acquisition of right-of-way, if needed, construction of
paving and storm drainage improvements and installation of
street lighting, traffic signalization, street signs and
street furniture in connection with the Beltline Road Project
from Denton Tap Road to MacArthur Boulevard, in the cities of
Coppell and Dallas and,
Whereas, the Interlocal Cooperation Act, Article 4413 (32c)
Vernon's Annotated Civil Statutes, provides authorization for
any local government to contract with one or more local
governments to perform governmental functions and services
under the terms of the Act; and,
Whereas, Coppell and Dallas wish to share all costs of the
project including, but not limited to, engineering and
design, acquisition of right-of-way, construction of paving
and drainage facilities and installation of lighting,
signing, signalization, street furniture, inspection,
materials testing, surveying, bid advertisement, and all
other costs attached to the project; and,
Whereas, beneficiaries are the City of Coppell and owners of
property in the corporate limits of Coppell fronting on
Beltline Road and the City of Dallas and owners of property
in the corporate limits of Dallas fronting on Beltline Road;
and,
Whereas, sharing the cost of these thoroughfare improvements
in proportion to the incorporated area of each city fronting
on Beltline Road represents a fair division of costs of the
project according to benefits to be received; and,
Whereas, ___% or ___front feet of the ..... total feet
fronting on the project is in the City of Coppell fronting on
Beltline Road and ___% or___ feet of the .... total fee in
the City of Dallas fronting on the project street; and,
NOW, THEREFORE, THIS AGREEMENT is hereby made and entered
into by Coppell and Dallas for the mutual considerations
stated herein:
Coppell hereby agrees to contract with Ginn, Incorporated for
the preparation of engineering design, construction plans,
and specifications for paving and storm drainage improvements
on the Beltline Road Project. The consulting engineering
contract shall be paid for by Coppell and the costs shall be
included as a cost of the project. The engineering contract
with Ginn, Incorporated will provide for the work to be
performed in two Phases.
Phase I: Preparation of preliminary plans and outline
specifications and development of estimates of cost of
construction of the project, and,
e
Phase II: Preparation of complete engineering
construction plans and specifications for the paving and
storm drainage improvements.
II.
Coppell hereby agrees to provide:
Preliminary engineering plans and outline specifications
and cost estimates to Dallas for review and approval
prior to authorizing preparation of construction plans
and specifications; and,
®
Construction plans and specifications to Dallas for
review and approval prior to advertising for bids and
award of a contract for construction.
III ·
Upon approval of plans and specifications by Dallas and
certification of reservation of funding for its share of the
project cost, Coppell will advertise for bids and will
determine the low responsible bidder for construction
of the improvements.
Coppell and Dallas agree to promptly initiate and complete
procedures assessing a portion of the cost according to its
own policies against adjoining benefiting owners of property
within their respective jurisdiction. Upon completion of
assessment procedures Coppell will award the contract to the
low responsible bidder.
IV.
Coppell hereby agrees to establish and provide a right-of-way
alignment for the Beltline Road Project acceptable to Dallas.
Coppell further agrees to provide field notes describing any
needed temporary working right-of-way and additional
permanent right-of-way required as defined by the approved
right-of-way alignment and the approved construction plans.
Ve
Coppell hereby agrees to acquire additional right-of-way in
Dallas and Coppell, if any is needed, in accordance with the
approved alignment and plans and as described by the field
notes provided by Coppell. Said acquisition may include the
use of eminent domain in accordance with the laws of the
State of Texas. The cost of all right-of-way acquired and
all costs related to the acquisition, including but not
limited to appraisal fees, title fees, attorneys fees, court
costs, and relocation assistance, shall be the responsibility
of the city in which the right-of-way is located.
Coppell will notify Dallas of acquisition and possession of
additional right-of-way.
VI.
Dallas hereby agrees to provide for the relocation and
adjustment of utilities located in Dallas as required by the
construction.
VII.
Coppell hereby agrees to provide for the relocation and
adjustment of utilities located in Coppell as required by the
construction.
VIII.
Coppell hereby agrees to provide for advertisement for bids
and award of contract(s) for construction of the Belt Line
Road Project and to provide for contract administration,
construction inspection, and materials testing necessary to
complete the construction in accordance with the approved
plans and specifications, subject to the financing plan
defined in Sections IX through X herein below.
IX.
Coppell and Dallas hereby agree to bear costs of the
improvements in proportion to the property within its
corporate boundaries fronting on the project street (see
Exhibit I attached): ___% of the costs born by the City of
Coppell, ___% of the cost born by the City of Dallas.
Coppell will invoice Dallas for its proportionate share of
the cost of preliminary engineering upon advertisement for
bids for construction and after award of the contract will
invoice Dallas on a monthly basis for Dallas' proportional
share of the total monthly engineering and construction
contract costs and other incurred costs to be shared.
Coppell and Dallas hereby agree to provide for and share the
actual construction costs for items required for traffic
control, street lighting, street furniture when such items
are included in the construction plans and contract by mutual
agreement of Coppell and Dallas. Dallas further agrees to
provide for the total actual construction cost for items
required for utility relocation or adjustment, new sidewalks,
new driveway approaches located in Dallas and included in the
construction contract at the request of Dallas.
XI.
Coppell hereby agrees to provide for its share of the total
construction costs for the project in accordance with
Sections IX and X hereinabove.
XII.
Coppell hereby agrees to advise Dallas of all design changes
and construction change orders occurring during the
construction and to include change orders requested by Dallas
in the construction contract, subject to the approval of
Coppell and Dallas. Funding for all change orders shall be
in accordance with Sections IX and X hereinabove.
XIII.
Coppell hereby agrees to credit Dallas for any decrease in
quantities of work funded by Dallas in accordance with
Sections VIII, IX, and XI hereinabove upon completion and
final acceptance of the work and to return to Dallas all
funds provided to Coppell but not required for construction
under this AGREEMENT.
XlII.
Coppell hereby agrees to defend, indemnify and save harmless
Dallas from any claims, demands, costs or judgment against
Dallas arising out of any negligent act or omission of
Coppell or its contractor(s) in the performance of work or
services under this AGREEMENT.
Executed this the day of 1988, by the
City of Coppell, pursuant to a resolution of its City
Council adopted on , 1988 and by the City
of Dallas, pursuant to City Council Resolution No.
CITY OF COPPELL
Alan D. Ratliff
City Manager
CITY OF DALLAS
Richard Knight
City Manager
By:
Assistant City Manager
Approved as to Form:
Lawrence Jackson
City Attorney
Approved as to Form:
Analeslie Muncy
City Attorney
By-
Assistant City Attorney
ATTEST:
ATTEST:
City Secretary City Secretary
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