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MA 0101-CS00022982/29/2888 88:51 97248G~'7~5 COMM JIM JACK~'N (DALLAS COUNTY C~MOMMISSIONER PRECINCT NO. 1 JI JACKSON P~GE 01 FAX.T~ANSMITTAL DATE: TO: ~/,f-,~ ..,~. ~.,~ 7/ DEPARTMENT: ..,~;/c)"z~//b//,oc.,sr-~ / ~ FAX #: NUMBER OF PAGES: ~' 0NCLUDING COVER PAGE) FRo ~: ~/,/r,+'; G,e/4/r2 TEL, COMMENTS: ,,~//r-~c' SERVICE CENTER - 2311 JOE FIELD - DALLAS, TEXAS 75229 - (972) 247-1735 - FAY,.. (972) 406-0615 COUNTY ADlvirlqlSTRATION BUR,DB,,IO - 411 EL1VI STRF.,ET - DAII.AS, TEXAS 75202 - (214) 653-7361 ! 'T e2/29/2eee 88:51 97248686i5 COMM JIM JACKSON PAGE 02 STATE OF TEXAS COUNTY OF DALLAS INTERLOCAL AGREEMENT BETWEEN DALLAS COUNTY AND CITY OF COPPELL FOR SANDY LAKE ROAD FROM DENTON TAP TO HWY. 121 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 improving Sandy Lake Rd., as further described by Exhibit "A"; and, WHERE AS, 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 hercin: WITNESSETH, City has requested and County agrees to participate in improvements to Sandy Lake Road, beginning at Denton Tap and ending at Hwy. 121, hereinafter called the "Project", as further described in Exhibit "A" attached hereto and incorporated herein for all purposes. The Project is classified as a Coumy Type "B" road project. County agrees to furnish materials, labor and equipment necessary and to perform the Project construction at a cost not to exceed $372,393.00, hereinafter called the "Not to Exceed Amount". All expenditures by the County for the performance of these governmental functions of improving this street shall be made from current revenues available to the County of Dallas. III. City agrees to pay to County the sum of $186,196.50 as City's portion of the cost of the Projcct. Such amoum will be deposited with County prior to the commencement of construction and County is authorized to expencl such amount for pcriodic paymcnts of Project cost. All cxpcnditures by the City for the performance of thcsc govcrnmental functions of improving this 82/29/2888 88:51 9724868615 COMM JIM JACKSON PAGE 83 street shall be made from current revenues available to the City of Coppell. The City agrees that these payments arc a fair compensation for thc services and functions performed under this agreement. City agrees to accomplish the following items, if required by the project, in a timely manner to insure that such items will not delay the County construction schedule; (1) inform the public of the proposed reconstruction of the Project; (2) locate all manholes, water valves. and other utilities within the Project; and (3) make or cause to be made all utility relocations or adjustments necessary for the Project at no cost to County. In the event that the cost of the Project shall exceed the Not to Exceed Amount, City and County agree to either reduce the scope of construction or seek additional funding to complete the project. At the termination of the Project, County will do a final cost accounting of the Project. In the event that the amount paid by City exceeds the actual cost, the difference wfil be remitted to City. In the event that additional funds are due, County will bill City who agrees to pay such funds within thirty (30) days of receipt of such billing. VI, The term of this agreement shall be from the date of the last signature approving the agreement until the completion of the Project and final payment as provided herein. VII. The City agrees that County shall have the right to enter upon the Project area for the time period necessary for the completion of the Project. The County will provide traffic control through its contractor as described by Exhibit "A" . VIII. The County agrees to be responsible for any liability or damages the County may suffer as a result of claims. demands, costs or judgments, including all reasonable attorneys fees, against the County, including workers compensation claims, arising out of the performance of the construction and services under this agreement, or arising from any accident, injury or damage, whatsoever, to any person or persons, or to the property of any person(s) or corporation(s) occurring during the perform of this agreement and caused by the sole negligence of the County, its agents, officers and/or employees. Road &Bridge District ILA (AM. 11-1999) 2 82/29/2868 68:51 9724eGe~5 COMM 3IM J~CKS,~. P~GE e4 The City agrees to be responsible for any liability or damages the City may suffer as a result of claims, demands, costs or judgments, including reasonable attorneys fees, against the City, including workers compensation claims, arising out of the performance of the construction and services under this agreement, or arising from any accident, injury or damage, whatsoever, to any person or persons, or to the property of any person(s) or corporations(s) occurring during the performance of the agreement and caused by the sole negligence of the City, its agents, officers and/or employees. City and County agree that any liability or damages as stated above occurring during the performance of this agreement caused by the joint or comparative negligence of their employees, agents and officers shall be determined in accordance with the comparative responsibility laws of the State of Tens. XI. City and County agree that County's obligation to perform the Project construction is contingent upon the receipt of City' s payment of $186, 196. $0 and no construction on the Project will commence prior to the receipt by County of such payment. XII. 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 construed 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, Te. xas. The City of Coppe!l, State of Texas, authorized City Council Resolution day of ,2000. has executed the Agreement pursuant to duly · Minutes Dated the The County of Dallas, State of Texas, Commissioners Court Order Number 2000. has executed this agreement pursuant to and passed on the day of , Road & Bridge District ILA (AM. 11-1999) II 'T 82/29/2888 88:51 972~868G15 COMM JIM ~ACKSON ~,~ PAGE 85 CITY OF COPPELL COUNTY OF DALLAS BY BY LEE JACKSON, COUNTY JUDGE ATTEST CITY SECRETARY \ ATTORNEY APPROVED AS TO FORM John Dabill, Advisory Chief, Civil Section Dallas County District Attorney Road &Bridge District ILA (AM. 11-1999) 4 82/29/2088 08:51 9724060815 COMM JIM JACKS~=N.,, PAGE 8G Exhibit "A" The City of Coppell has requested the County' s participation in the improvement of Sandy Lake Rd. from Denton Tap to Hwy. 121, consisting of the following operations: Scope: Sandy Lake Road (Denton Tap to Hwy. 121.) 29,067 SY Materials: H.M.A.C, (Typ~ "D") 3,197 Tons ~ $28.00 $ 89,516.00 Ton Mile Haul 3,197 XI 1.3 ~ $ 20 $ 7,225.00 CTB 7,568 Tons ~ $12.25 $ 92,708,00 I7,200 SY ~ $ 2.00 $ 34,400.00 7,568 Tons ~ $ 6.00 $ 45,408.00 17,200 SY ~ $ 2.75 $ 47,300.00 Labor/F. quipment: l~filing/Removal CTB Application Sub Grade Preparation Traffic Control: 23 days ~ $300.00 $ 6,900.00 Lane Tabs 363 (~ $ 1.00 $ 363.00 Sub Total: $323,820.00 Contingency: 15% $ 48,573.00 Total: $372,393.00 Total Cost To City: Total Cost To County: $186,196.50 $186,196.50 The County agrees to rotomflYrcmov~approximately 17,200 square yards ofexistin8 asphalt and flex base on Sandy Lake Rd. to a depth of 8" to 10", This includes milling and the hauling of the removed materials to TXI for recycling at-an~ti,~atsd cbst of T~ O0 per square vadt,-or $34,40d. The County will provide for subgrade preparation prior to the application of cement treated base on approximately 17,200 square yards at an estimated cost of $2.75 per square yard, or $47,300. The County will place 8" of cement treated base, approximately 7,568 Wns, on 17,200 square yards at an estimated cost of $12.25 per ton, or $92,708. The cost of labor and equipment for this process is estimated at $45,408. Road & Bridge District ILA (AM. 11-1999) 5 82/29/288~ ~8:51 972a~6~615 COMM JIM JACKSON PAGE 87 The County will provide for overlay of the proj. eet with 2" or approximately 3, 197 tons, of Type "D' HMAC, laid in place by the County's contractor, for an estimated cost of $96,741. The County will provide for traffic control, including temporary lane tabs, through its contractor, at an estimated cost of $7,263. In addition, a 15% contingency, $48,573, has been included in the project estimate to provide for unantidpated conditions. The City will pay 50% of the total estimated proj.ecl .costs, $186,196.50, to the County prior to approval of the Interlocal Agreement by the Commissioners Court. Road & Bridge District ILA (AM. 11-1999) 6