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MA 0101-CS00020702/~7/2~ 17:18 9Y2~868~ 992~060615 COMM JIM JACKS~mmK COUNTY  OMMISSIONER PRECINCT NO. 1 M JACKSON F~,X: TRAN~MITTA!, DATE: TO: ~-. NUMBER OF PAGES: '~' (INCLUDING COVER PAGE) SERVICE CENTER - 2311 JOE FIELD - DALLAS, TEXAS 75229 - (972) 247-1735 - FAX (972) 406-0615 COUNTY ADMINISTRATION BUILDING - 411 ELM STREET - DALLAS, TEXAS 75202 - (214) 653-7361 82/87/2888 17:18 972aSGSG15 STATE OF TEXAS COMM JIM JACKSON COUNTY OF DALLAS § INTERLOCAL AGREEMENT BETWEEN DALLAS COUNTY AND CITY OF COPPELL FOR SANDY LAKE ROAD FROM DENTON TAP TO HWY. 121 PAGE 82 WHERE AS, the City of Coppell, Texas, hereinafter called "City", and the County of Dallas, Texas, hereinafier 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 mended, provides authorization for local governmems to enter into interlocal contracts; NOW TEEFORE, 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 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 County Type "B" road project. II. Coumy agrees to furnish materials, labor and equipment necessary and to perform the Project construction at a cost not to exceed $278,857.00, hereina~er called the "Not to Exceed Amount". All expenditures by the County for the performance of these governmental funotions of improving this street shall be made from current revenues avatlable "7 City agrees to pay to County the sum of $139,428.50 'Is City's portion of the cost of the Project. Such mount will be deposited with County prior to the commencemere of construction and County is authorized to expend such amount for periodic payments of Project cost. All expenditures by the City for the performance of these governmental functions of improving this 82/87/2886 17:18 c:J724860615 COMM JIM JACKSON PAGE sU'eet shall be made from current revenues available to the City of Coppall. The City agrees that these payments are a fair compensation for the servic.~s and functions performed under this agreement. IV. 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 o~/~ adjustments necessary for the Project at no cost to County. Ve 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 will 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) (lays of receipt of such billing. 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. Thc 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. City agrees to furnish such police personnel as requested by County for traffic control or other public safety matters at no cost to County. 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 lgrformance of the construction and services under this agreement, or arising from any accident, injury or damage, whatsoever, w any person or persons, or to the property of any person(s) or corporation(s) occurring during the performance 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) 82/87/28~8 IX. The City agrees to be responsible for any liability or damages the City may suffer as a result of claims, demands, costs or judgmems, including reasonable attorneys fees, against the City, including workers compensation claims, arising out of the performance of the construction and services under this agreemere, 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 durillg the performance of the agreement and caused by the sole negligenc~ 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 Texas. XI. City and County agree that County's obligation to perform the Project construction is contingent upon the receipt of City' s payment of $139,428.50 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, Texas. The City of Coppell, State of Texas, has executed the authorized City Council Resolution _, Minutes _day of ,2000. Agreement pursuant to duly Dated the Thc County of Dallas, State of Texas, has cxeculed this Commissioners Court Order Number and passed on the 2000. agreement pursuant to day of .. , Road & Bridge District ILA (AM. 11-1999) i I ! "F 8216712068 17:18 972~SGSG15 COMM JIM JACKSON PAGE e5 CITY OF COPPELL COUNTY OF DALLAS BY BY LEE JACKSON, COUNTY JUDGE ATI'EST CITY SECRETARY \ ATTORNEY APPROVED AS TO FORM John Dahitl, Advisory Chief, Civil Section Dallas County District Attorney Road & Bridge District ILA (AM. 11-1999) 4 82/87/2888 17:18 9724868615 COMM JIM JACKSON PAGE The City of Coppell has requestst the County' s participation in the improvemere of Sandy Lake Rd. from Denton Tap to Hwy, 121, consisting of the following operations, Scope: Sandy Lake Road, (Denton D~e to Hwy. 12I.) Materials: '7'af H.M.A.C, (Type "D') Ton M~e Haul CTB 29,067 SY / 3,197 Tons ~ $2800 $89,516.00 3,197Xll.3 ~ $.20 $7,225.00 4,840 Tons (~ $12.25 $59,290.00 Labor/Equipment: Milling/Removal CTB Application Sub Grade Preparation ll,000 SY ~ $2.00 $22,000.00 4,840 Tons ~ $6.00 $29,040.00 11,000 SY ~ $2.75 $30,250.00 Traffic Control Lane Tabs Sub Total: Contingency Total Total Cost To City Total Cost To County 16 days (~ $300.00 $4,800.00 363 (~ $I.00 $363.00 $24~484,00 15 °/o $36,373.00 $278,857.00 C $139,428.50 Fe <~, L--- $139,428.50 ~' Th o rotomilYremove approximately 11,000 square yard;of existing ashhalt and ~ex~% base on Sandy Lake Rd. to a depth of 8" to 10". This includes milling, hauling, detailing an~h,a~./ sweeping, at an estimated cost of $2.00 per square yard, or $22,000. The County will provide for subgrade preparation prior to the application of cement trea~l base on approximately 11,000 square yards .a.~ 8n estimated cost of $2.75 per square yard, or $30,250. The County wffi place 8" of cement treated base, approximately 4,840 tons, on 11,000 square yards Road & Bridge District ILA (AM. 11-1999) 5 T' r ! 'T 82/87/2888 17:18 972deGeG15 COMM JIM JACKSON PAGE at an estimated cost of$12.25 per ton, or $59,290. The cost of labor and equipment for this process is estimated at $29,040. The County will provide for overlay of the proj~t with 2" or approximately 3,197 tons, of Type 'qY' HMAC, laid in place by the County's contractor, for an estimated cost of $96,74 1. The County will provide for traffic comrol, including temporary lane tabs, through its contractor, at an estimated cost of $5,163. In addition, a 15% comingenoS,, $36,373, has been included in the project estimate to provide for unanticipated conditions. The City will pay 50°,4 of the total estimated project costs, $139,428.50, to the County prior to approval of the Interlo~al Agreement by the Commissioners Court. Road & Bridge District ILA (AM.11-1999) 6