Denton Co. Levee Dist-CN130514 INTERLOCAL AGREEMENT
BETWEEN
CITY OF COPPELL
AND
DENTON COUNTY LEVEE IMPROVEMENT DISTRICT NO. 1
FOR PROJECT FUNDING
THIS INTERLOCAL AGREEMENT ("Agreement") is made by and between the
CITY OF COPPELL, a Home Rule City organized the laws of the State of Texas, (the
"City"), and DENTON COUNTY LEVEE IMPROVEMENT DISTRICT NO. 1 (the
"District"), a political subdivision of the State of Texas. This Agreement is made in
accordance with Chapter 791, Government Code, Chapter 57, Water Code, and all other
applicable laws.
RECITALS
WHEREAS, the District operates and maintains levees protecting land within its
boundaries, including portions of the City, from damaging flooding;
WHEREAS, the District and City has an interest in preventing the weakening and
undermining of the levees protecting its citizens, property, and infrastructure;
WHEREAS, the City had previously installed drainage structures including pipes
penetrating the levee wall and flumes (the "structures") which outfall into the drainage
channel;
WHEREAS, the District's Engineer has observed serious erosion in the District's
levee bank which is starting to undermine the slope end sections of pipes that outfall into
the flood control channel;
WHEREAS, failure for the District and the City to take action could result in more
costly repairs in the future for both City and the District;
WHEREAS, the District and the City desire to repair the structures and provide
flood control, and provide for joint funding by the City and District for the structures'
repairs to achieve efficiency and cost savings; NOW, THEREFORE
AGREEMENT
For and in consideration of the mutual promises, covenants, obligations, and benefits of
this Agreement, the District and the City contract and agree as follows:
Section 1. THE PROJECT
The Project is defined as the implementation of erosion protection at several outfalls
along Denton Creek between MacArthur Boulevard and Denton Tap Road. The specific
work required it set forth in Exhibit "A", attached hereto. The District portion and the
City portion of the Project are described and the costs allocated equally among the
parties.
Section 2. OBLIGATIONS OF THE CITY
2.1. Project Funding. After execution of this Agreement, the City shall, in accordance
with the terms and conditions of this agreement, pay to the District fifty percent (50%) of
the costs of the Project, which total project costs are estimated to be forty seven
thousand ($47,000) dollars, as described in Exhibit "A", subject to obligations in
Section 3. The City may elect to make reasonable progress payments, as the work
proceeds based upon the percentage of the work completed and approved by the
District Engineer, or designee (the "Project Manager"), or in a single lump sum payment,
all as may be acceptable to the District.
Section 3. OBLIGATIONS OF THE DISTRICT
3.1. Construction of Project. The District will cause the construction of the Project in a
good and workmanlike manner pursuant to:
(1) the Project's plans and specifications;
(2) competitive bidding procedures, if applicable, for similar public
infrastructure improvements;
(3) the provision of statutory performance and payment bonds for the full cost
of the Construction Contract and any change orders, if required; and,
(4) the provision of a one-year maintenance bond, if required.
The District shall provide the City with reasonable information and updating regarding
the progress of the Project, including the following: (1) advertisement for bids, (2) award
of construction contracts, (3) construction contract documentation, (4) notices to
proceed, (5) pay estimates and change orders, (6) materials testing, (7) contractor
defaults, and (8) completion and finalization of the Project.
3.2. Cost Overruns. Subject to the provisions of Section 3.3 below, the District shall
be responsible for any costs of the Project exceeding $ 47,000 total project costs as
described in Exhibit"A"whether caused by delay, change orders, or any other reason.
3.3. Change Orders. The District shall notify the City if a construction change order is
required in an amount greater than the $47,000 total project costs, described in Exhibit
"A". If the City consents to the change order, the District may approve the change order
and the costs of such change order shall be split equally between the parties. If
approval of the change order would exceed the budgeted contingency in Section 3.2
hereinabove and the City consents to the change order, the Project Manager will present
to the District's Board of Directors a request to appropriate the required additional funds
above the budgeted contingency.
Section 4. MISCELLANEOUS
4.1. Agreement Term. This Agreement shall become effective and
commence as of the date reflected herein (the "Effective Date"). Unless earlier
terminated by the parties hereto, this Agreement terminates when both of the following
have occurred: (1) completion and acceptance of the Project, and (2) full and final
payment by the City to the District of all amounts due and payable pursuant to this
Agreement.
4.2. Addresses. The initial addresses of the parties, which one party
may change by giving written notice of its changed address to the other party, are as
follows:
City of Coppell: Clay Phillips, City Manager
255 E. Parkway Blvd, Coppell, Texas 75019
Copy: Robert E. Hager, City Attorney
500. North Akard Street, Suite 1800, Dallas, Texas 75201
District: Sanford Kuhl Hagan Kugle Parker Kahn LLP
Suite 1380
1980 Post Oak Boulevard
Houston, Texas 77056
Attn: Julianne Kugle
4.3. Notices. All notices required or permitted hereunder shall be in
writing and shall be deemed delivered on the earlier of the date of actual receipt or the
third day following deposit in a United States Postal Service post office or receptacle
with proper postage affixed (certified mail, return receipt requested) addressed to the
respective other party at the address prescribed in Section 4.3 of this Agreement or at
such other address as the receiving party may have theretofore prescribed by notice to
the sending party.
4.4. Assignment. Except has provided herein, no party hereto shall
make, in whole or in part, or in law or otherwise, any assignment of this Agreement or
any obligation hereunder without the prior written consent of the other party hereto.
4.5. Governing Law. This Agreement is subject to all laws of the State
of Texas, the Charter and Ordinances of the City, the laws of the federal government of
the United States of America, and all rules and regulations of any regulatory body or
officer having jurisdiction. Any action to enforce or interpret this Agreement shall be
brought in the court of appropriate jurisdiction in the Denton, County, Texas.
4.6. Third Party Beneficiary. Except as provided herein, this
Agreement shall not bestow any rights upon any third party, but rather shall bind and
benefit the District and the City only.
4.7. Severability_ . In the event any term, covenant, or condition herein
contained shall be held to be invalid by any court of competent jurisdiction, such
invalidity shall not affect any other term, covenant, or condition herein contained,
provided that such invalidity does not materially prejudice either the District or the City in
their respective rights and obligations contained in the valid terms, covenants, or
conditions hereof.
4.8. Written Amendment. Unless otherwise provided herein, this
Agreement may be amended only by written instrument duly executed on behalf of each
party.
4.9. Non-Waiver. Failure of any party hereto to insist on the strict
performance of any of the agreements herein or to exercise any rights or remedies
accruing hereunder upon default or failure of performance shall not be considered a
waiver of the right to insist on, and to enforce by any appropriate remedy, strict
compliance with any other obligation hereunder or to exercise any right or remedy
occurring as a result of any future default or failure of performance.
4.10. Successors. This Agreement shall bind and benefit the parties
and their legal successors. This Agreement does not create any personal liability on the
part of any officer, director, employee, or agent of the District or the City.
4.11. No Waiver of Immunity. No party hereto waives or relinquishes
any immunity or defense on behalf of itself, its trustees, officers, employees, and agents
as a result of its execution of this Agreement and performance of the covenants
contained herein.
4.12. Time is of the Essence. Timely performance by both parties is
essential to this Agreement. However, neither party is liable for delays or other failures
to perform its obligations under this Agreement to the extent the delay or failure is
caused by Force Majeure. Force Majeure means fires, floods, and other acts of God,
explosions, war, terrorist acts, riots, strikes, court orders, and the acts of superior
governmental or military authority.
4.13. Captions. Captions contained in this Agreement are for reference
only, and, therefore, have no effect in construing this Agreement. The captions are not
restrictive of the subject matter of any section in this Agreement.
(EXECUTION PAGE FOLLOWS]
IN WITNESS WHEREOF, the City and the District ha a caused this
instrument to be duly executed and to take effect on the 1 ay of
Tht , 2013.
CITY OF C• • PE
/
By: '1 G.,/I it
Kar•n Selbo Hunt,M. or
ATTE :
By PI/Ait6,41(
a /4
Christel Pettnos, City S cretary
DENTON COUNTY LEVEE IMPROVEMENT DISTRICT NO. 1
/ / 1
By: •
Chairman, Board of Direct. >,
ATTEST:
--__
By.
Secretary, Board o irectors
EXHIBIT
•
•
ENE FIALFF7. Hatff Associates,inc.
1201 North Bowser Road
Richardson,Texas 75061
(214)346-6200
Fax(214)739-0095
MEMORANDUM
TO: Board of Directors DATE: April 12,2012
Denton County Levee Improvement District No. 1
FROM: Russell Erskine, PE AVE AVO: 28540
Mathew L. Busby, EIT
EMAIL: rerskine @halff.com
mbusby @halff.com
SUBJECT: Denton Creek Outfall Erosion Protection
Attached is a cost estimate for implementing erosion protection at several outfalls along Denton Creek,
between MacArthur Boulevard and Denton Tap Road. Recommendations are based on field observations
conducted on January 17, 2012 and April 10, 2012.
Headwalls located below the normal water surface do not exhibit significant signs of erosion. Headwalls
located above the normal water surface could be removed and replaced at a lower elevation to reduce
erosion.
In lieu of this extensive replacement, Haiti prepared an estimate for controlling erosion using riprap and
Scour Stop, a vegetated riprap alternative. Scour Stop is used in relatively flat areas with established
vegetation that, with reinforcement, will sustain erosive forces. Riprap is used in areas where velocities
are higher and periods of inundation are longer.Size is based on flow velocities. Riprap size is described
using the median diameter(D60) of stone to be installed. The riprap layer thickness is based on a depth
twice the median diameter.The stone used for riprap will need to be well-graded for long-term integrity of
the riprap blanket. Geotextile is used for soil separation beneath the riprap. Proper installation of the
riprap is important to longevity.
Before installing erosion protection, existing erosion damage will need to be repaired. in areas where a
structure has been undermined and compaction would be difficult, self-compacting flowable fill is
recommended to backfill the existing eroded area. Other areas should be backfilled with a cohesive soil
and adequately compacted.
Outfall 6 showed more significant structural damage than the other outfalls. See attached maps for
location. A site visit revealed separation in the pipe joint connecting to the outfall (approximately 2" gap)
as well as a sinkhole near the top of the outfall. This outfall should be reconstructed. It is recommended
that the outfall be located at or below the normal water surface to reduce erosion. Construction below the
water level involves special considerations,such as coffer dams,during construction.
PROJECT: OCLID OUTFALL EROSION PROTECTION
HALFF ASSOCIATES,INC. PREPARED BY:MLB
AVO: 28540 CHECKED BY:RE
OUTFALL'I
PLAN
ITEM NO. ITEM DESCRIPTION UNIT QTY. UNIT PRICE BID ESTIMATE
1 18"ROCK RIPRAP CY 18 $ 87.00 $ 1,566.00
2 GEOTEXTILE(8 oz.minimum) ® 37 • 1.00 10.11.1261
TOTAL $ 1,603.00
OUTFALL 2
PLAN
ITEM NO. ITEM DESCRIPTION UNIT CITY. UNIT PRICE BID ESTIMATE
1 18"ROCK RIPRAP CY 53 $ 87.00 $ 4,611.00
NMI 24"ROCK RIPRAP CY 95 $ 75.00 $ 7.125.00
3 FLOWABLE FILL CY 5 $ 78.00 $ 390.00
0 GEOTEXTLE 8 oz.minimum SY 195 $ 1.00 $ 195.00
• TOTAL $ 12,321.00
OUTFALL 3
PLAN
ITEM NO. ITEM DESCRIPTION UNIT CITY. MEM BID ESTIMATE
1 18"ROCK RIPRAP CY 67 $ 87.00 $ 5.829,00
2 FLOWABLE FILL CY 5 $ 78.00 $ 390.00
3 GEOTEXTILE 8 oz.minimum SY 98 $ 1.00 $ 98.00
TOTAL $ 6,317.00
OUTFALL 4
PLAN
ITEM NO. ITEM DESCRIPTION UNIT QTY. UNIT PRICE BID ESTIMATE
1 FILL(95%COMPACTION) CY 5 $ 14.00 $ 70.00
2 SCOURSTOP MAT EA 30 $ 64.00 $ 1,920.00
3 SCOURSTOP ANCHORS EA 150 $ 2.00 5 300.00
4 GEOTFXTLE 8 oz.minimum MIMI 55 $ 1.00 $ 55.00
TOTAL $ 2,345.0
•
OUTFALL 5
PLAN
ITEM NO. ITEM DESCRIPTION UNIT QTY. UNIT PRICE BID ESTIMATE
1 FILL(•5`.COMPACTION) IMAM 5 $ 14.00 $ 70.rr
2 SCOURSTOP MAT EA 30 $ 64.00 $ 1,920.00
3 SCOURSTOP ANCHORS EA 150 $ 2.00 $ 300.00
4 GEOTEXTILE 8 oz.minimum SY 55 $ 1.00 $ 55.00
TOTAL • 2,345,00
OUTFALL 6(REMOVE AND REPLACE)
PLAN
ITEM NO. ITEM DESCRIPTION UNIT QTY. UNIT PRICE BID ESTIMATE
1 REMOVE ING HEADWALL EA 1 $ 400.00 $ 400.00
2 42"CLASS III RCP LF 90 $ 90.00 $ 8,100.00
3 SLOPED END SECTION 4:1 MIMI 1 $ 2,750.00 $ 2,750.00
TOTAL $ 11,250.00
OUTFALL 7
IBM PLAN
ITEM NO. ITEM DESCRIPTION QTY. UNIT PRICE BID ESTIMATE
1 LL(95%CO PACTION) CY 10 $ 14.00 140.00
2 24"ROCK RIPRAP CY 36 $ 75.00 $ 2,700.00
3 GEOTEXTILE 8 oz.minimum SY 55 $ 1.00 $ 55.00
TOTAL $ 2,895.00
SUBTOTAL $ 39,076.00
CONTINGINCY(20%) $ 7,924.00
OVERALL TOTAL $ 47,000.00
This statement was prepared utilizing standard cost and/or estimating practices. It is understood and agreed that this is a statement of
probable construction cost only,and the Engineer shall not be liable to the Owner or any Third Party for any failure to accurately estimate
the cost and/or quantities for the project,or any part thereof.
Notes:
1.Excludes professional engineering fees.
2.Excludes survey fees for easements by separate instrument or R.O.w.dedication
3.Excludes relocation of any franchise utilities(to be determined)
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