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SC-CFBISD Riverchase-AG 990928 AGENDA RE OEST FORM ITEM CAPTION: Consider approval of an In,er-local Agreement between the City of Coppell and Carrollton-Farmers Branch Independent School District ~o allow the City to participate in the cost ~o ~emove and replace the damaged storm drainage system beneath the northbound lane of MacArthur Boulevard at Starleaf Dr.; and authorizing the Mayor to sign. BMITTED BY: Michael A. Martin, P.E. TITLE: Assistant City Engineer STAFF COMMENTS: See attached memo. BUDGET AMT. $ AMT. EST. $ +\-BrD $ FFNANCIAL COMMENTS: Funds to participate in this agreement, will eo~e from Street ~aintenanee Funds. (01-03-16-3210) Dm. tNITIALS: It/ FIN. REVIEW.(~ CITY MANAGER REVIEW: Agenda Request Form - Revised 2/99 Document Name: #09241 ' Michael Martin - Re: Riverchase Elem, ~ --' Page 1 i From: Michael Martin To: Allegro5:"rahowman@glennengineering.com"@Allegro5 .... Date: 9/27/99 8:27AM Subject: Re: Riverchase Elem, It was decided Thursday morning that since we couldn't pull all the needed information together before Thursday to pull the item from the City Council agenda. Therefore we will not do the storm drainage improvements at Stafleaf Dr. & Mac Arthur Blvd. The money the City was going to use to address this issue was from this years budget, which ends on September 30. We will monitor the storm drainage pipe in the months to come and the City will come up with a plan to address this issue in the future. Thanks for your help. >>> "Robert Howman" <rahowman@glennengineering.com> 09/27/99 07:06AM >>> Do you have everything you need Robert ..... Original Message- .... From: Michael Martin <mmartin~ci.coDDell.tx.us> To: rahowman~..~lennen~ineerin~.com <rahowman~..qlennen~ineerin.~.com> Date: Thursday,September 23,1999 9:07 AM Subject: Re: Riverchase Elem, Could you please resubmitt the change order with all the quantities and cost. I need this information ASAP. Thanks >>> "Robert Howman" <rahowman(~.~lennen~ineerin~:l.com> 09/23/99 08:50AM >>> Mike, I spoke with Jason with Dal MAc he said we needed to add 7,500.005 dollars to the original Pdce Robert Sorry this took so long but Jason Was on vac last week. RO. Box 478 Coppelll Texas 75019 ~ )~ The City With A Beautiful Future 972-462-0022 (~ ~ P.O. BOX 478 ,~ COPPELL, TEXAS 75019 F,~ (972) 30~367;~ FAX COVER SHEET PLEASE DELIVER THE FOLLOWING PAGES TO: NAME: ~'D~. FIRM: FAX NO.: FROM: DIRECT DIAL: TRANSMITrE DATE: TIME: __ NUMBER OF PAGES (INCLUDING COVER SHEET): IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL AS SOON AS POSSIBLE. PLEASE CONTACT THE PERSON SENDING THIS FAX BY CALLING THE DIRECT DIAL NUMBER LISTED ABOVE. STATE OF TEXAS COUNTY OF DALLAS INTERLOCAL COOPERATION AGREEMENT THIS INTERLOCAL COOPERATION AGREEMENT is made and entered into by and between the City of Coppell ("City"), acting by and through its City Council, and the Carrollton- Farmers Branch Independent School District ("CFBISD"). RECITALS: WHEREAS, the City of Coppell, Texas, a home rule municipality, hereinafter called "City" and the Carrollton-Farrners Branch Independent School District, hereinafter called "CFBISD" desire to enter into an agreement whereby the CFBISD will remove and replace storm drainage system in the northbound lanes of MacArthur Boulevard and the centerline of Starleaf Drive as shown in Exhibit "A" and the City will pay the CFBISD its share of the costs of the construction; and WHEREAS, Chapter 791 of the Texas Government Code, as amended, provides authorization for local governments to enter into interlocal contracts; and WHEREAS, this interlocal contract is mutually advantageous for both the City and CFBISD and has been authorized by their governing bodies; and WHEREAS, the payments for the performance of governmental functions and/or services set out herein will be made from current revenues available to the City and CFBISD. NOW, THEREFORE, in consideration of the foregoing and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and CFBISD agree as follows: L The City agrees to pay CFBISD for its share of the costs to remove and replace storm drainage system as shown in Exhibit "A". The City's cost is estimated at , as set forth in Exhibit "B". The City agrees to escrow the sum of at the time of its execution of this Agreement and to remit a check payable to the CFBISD in said amount prior to the start of the construction. In the event the City's actual share of the costs of construction exceeds the sum of , the CFBISD will provide the City with written notification of the additional costs and City will pay said costs after obtaining approval for the additional funding. The City shall pay the additional costs to the CFBISD within forty-five (45) days after receipt of the written notification from the CFBISD for said costs. In the event the City's actual share of the costs of construction is less than , the CFBISD will refund the difference in costs to the City within thirty (30) days after completion and approval of the construction. INTERLOCAL COOPERATION AGREEMENT BETWEEN CARROLLTON-FARMERS BRANCH I.S.D. AND CITY OF COPPELL PAGE I 28281 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. III. No amendment, modification or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date of this Agreement and duly executed by the parties. IV. The obligations and undertakings of each of the parties of this Agreement are and shall be performed in Dallas County, Texas. The validity of the Agreement and any of its terms or provisions, as well as the rights and duties of the parties, shall be governed by the law of the State of Texas; and venue for any action concerning this Agreement shall be in Dallas County, Texas. V. The parties to this Agreement represent that they have full capacity and authority to grant all rights and assume all obligations that they have granted and assumed in this Agreement. VI. This Agreement may be terminated by either party by providing the other party with thirty (30) days prior written notice of termination. The recitals to this Agreement are incorporated herein by reference. EXECUTED on this __ day of ,1999. CITY OF COPPELL, TEXAS By: Candy Sheehan, Mayor INTERLOCAL COOPERATION AGREEMENT BETWEEN CARROLLTON-FARMERS BRANCH I.S.D. AND CITY OF COPPELL PAGE 2 28281 DRAFT 09/20/99 STATE OF TEXAS § ~ COUNTY OF DALLAS § INTERLOCAL COOPERATION AGREEMENT THIS INTERLOCAL COOPERATION AGREEMENT is made and entered into by and between the City of Coppell ("City"), acting by and through its City Council, and the Carrollton- Farmers Branch Independent School District ("CFBISD"). RECITALS: WHEREAS, the City of Coppell, Texas, a home rule municipality, hereinafter called "City" and the Carrollton-Farmers Branch Independent School District, hereinafter called "CFBISD" desire to enter into an agreement whereby the .C_FI~I~S..EI ,w~ill ¢~notmot a ~t~ .... s~wer in the northbound lar~f MacArthur Boulevard and the ~~,~r_ ~ Starleaf Drive and the City will pay the CFBISD its share of the costs of the construction; and ~/~ WHEREAS, Chapter 791 of the Texas Government Code, as amended, provides authorization for local governments to enter into interlocal contracts; and WHEREAS, this interlocal contract is mutually advantageous for both the City and CFBISD and has been authorized by their governing bodies; and WHEREAS, the payments for the performance of governmental functions and/or services set out herein will be made from current revenues available to the City and CFBISD. NOW, THEREFORE, in consideration of the foregoing and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and CFBISD agree as follows: ~ ~ ~e City agrees to pay CFBISD for its share of the costs to remove and replace storm drainage system: Ihe City's cost is estimated at ,~_~~__ , as set forth in Exhibit "~ .'!5 The City agrees to escrow the sum of $.~,,~' at the time of its execution of this Agreement and to remit a check payable to the CFBISD in said amount prior to the start of the construction. In the event the City's actual share of the costs of construction exceeds the sum of~'~ ~'~, the CFBISD will provide the City with written notification of the additional costs and City will pay said costs after obtaining approval for the additional funding. The City shall pay the additional costs to the CFBISD within forty-five (45) days after receipt of the written notification from the CFBISD for said costs. In the event the City's actual share of the costs of construction is less than ~' ~ , the CFBISD will refund the difference in costs to the City within thirty (30) days after completion and approval of the construction. INTERLOCAL COOPERATION AGREEMENT BETWEEN CARROLLTON-FARMERS BRANCH I.S.D. AND CITY OF COPPELL PAGE 1 28281 DRAFT 09/20~99 II. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. III. No amendment, modification or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date of this Agreement and duly executed by the parties. IV. The obligations and undertakings of each of the parties of this Agreement are and shall be performed in Dallas County, Texas. The validity of the Agreement and any of its terms or provisions, as well as the rights and duties of the parties, shall be governed by the law of the State of Texas; and venue for any action concerning this Agreement shall be in Dallas County, Texas. The parties to this Agreement represent that they have full capacity and authority to grant all rights and assume all obligations that they have granted and assumed in this Agreement. VI. This Agreement may be terminated by either party by providing the other party with thirty (30) days prior written notice of termination. VII. The recitals to this Agreement are incorporated herein by reference. EXECUTED on this ~ day of ,1999. CITY OF COPPELL, TEXAS By: Candy Sheehan, Mayor INTERLOCAL COOPERATION AGREEMENT BETWEEN CARROLLTON-FARMERS BRANCH I.S.D. AND CITY OF COPPELL PAGE 2 28281 STATE OF TEXAS § COUNTY OF DALLAS (~ a. re, ! [ hnn~ ~o.e'~ ~J ~ INTERLOCAL COOPERATION AGREEMENT BETWEEN ~L INDEPENDE~ SCHOOL DIST~CT I ~ ~ ' AND THE CITY OF COPPELL. TE~S ~IS ~~OC~ COOPE~TION AG~E~NT is made ~d entered imo by the ~pp~ll Independent School District ("District" or "School Dis~ict"), acting by and throu~ its Bo~d of T~stees, ~d the City of Coppell ("CiW"), acting by ~d through its City Council. WITNESSETH: WHEREAS, the Texas State Legislature has authorized the use of interlocal cooperation agreements between and among governmental entities; and WHEREAS, this Interlocal Cooperation Agreement ("Agreement") is made under the authority granted by and pursuant to the Interlocal Cooperation Act, Texas Government Code, Chapter 791, and as otherwise provided herein, relative to the joint authorization by the School District and City to permit the City .[,t ~r. 4~r. inh~ an ; and ~'~"WHEREA-S, the gox~e~nlng bodies find that the performance of this Agreement is in the common public interest of both parties, and that the services to be provided by the i.e., WHEREAS, the parties, in paying for the performance of governmental functions or in performing such governmental functions, shall make payments therefore only from current revenues legally available to each party; and WHEREAS, the District and the City agree that District pr.90erty identified on Attachment '~J~" shall be used by the City for the purpose of 1P NOW THEREFORE, for and in consideration of the mutual agreements contained herein, the parties do hereby agree as follows: INTERLOCAL COOPERATION AGREEMENT 282811 BETWEEN ,G/~F..LL I.S.D. AND CiTY OF BEOINNING WORK DOCUMENT RESPONSIBILITIES A. In consideration of the mutual covenants of this Agreement, and other good and valuable consideration, the District shall r'g,~nvn, ~ ~l~t~ f4~ 5ba,',~ d'~an'~ ~i~}, , in the City of Coppell, Texas, legally described on Attachment A attached to this Agreement, incorporated herein, and made part of' this Agreement for all purposes (hereinat~er "Property"). B. The by the City for and for no othernumose, without the express written consent of the Board of Trustees o~' the Csppol(~epen[t'~ Sg o D]strict. The City shall bear any and all costs related to the development and maintenance of the storm sewer in accordance with this Agreement, including but not limited to, the cost of capital assets, improvements, labor, supplies and all other costs related to the The City shall maintain the storm sewer. C. The City shall be responsible for all utility costs associated with the construction, installation and maintenance of the storm sewer.. The City shall furnish to the District, on September 1 of each year, a ) s/~chedulDe' of the capital improvements during that year which shows the followin . the approximate cost of each capital improvement; and ~ the depreciated value of each capital improvement using a ten (10)-year straight-line method of depreciation. ~ E. The District shall not be obligated to reimburse the City for any other cost including, but not limited to, as described in this Agreement. II. TERM The term of this Agreement shall be for a period of from its date of execution by both parties but shall automatically renew from year to year unless terminated by either party in accordance with the terms herein. INTERLOCAL COOPF./ILATION AGREEMENT 28281 BETWEEN L~.~-..LL I.S.D. AND CITY OF COPPELL COll~,[~l~s,,~ ~~ PAGE 2 Be. GINNING WORK DOCUMENT III. TERMINATION A. Either party may terminate this Agreement, for any reason, or no reason, upon sixty (60) days written notice to the other party. B. If the School District terminates or otherwise fails to renew this Agreement pursuant to the terms herein, the School District shall reimburse the City the pro-rata depreciation cost for any capital improvements acquired during this Agreement by the City. The pro-rata depreciation cost of capital improvements referenced herein shall be determined in accordance with the terms set forth in Section I., Paragraph F above. C. If the City terminates or otherwise fails to renew this Agreement pursuant to the terms herein, the District shall have no obligation to reimburse the City for the cost of any improvements acquired by the City during the term of this Agreement. IV. NOTICE Notice shall be directed as follows: For the District: For the City: President, Board of Trustees Mayor, City of Coppell, Texas ~. $~ 255 Parkway Boulevard P.O. Box 478 Cs3i~oll, Texas ~ Coppell, Texas 75019 ENTIRE AGREEMENT The Agreement constitutes the parties' sole Agreement and supersedes any prior understandings or written or oral agreements between the parties with respect to the subject matter herein. No amendment, modification, or alteration of this Agreement is binding unless in writing and duly executed by the parties subsequent to this Agreement. INTERLOCAL COOPERATION AGREEMENT 28281 BETWEEN C-~J~i,~LL I.S.D. AND CITY OF COPPELL ~W~'~, II &,..~ ~::~a,*~,~ [~ ~,~ ~- ' · PAGE 3 BEGINNING WORK DOCUMENT VI. LEGAL CONSTRUCTION If any one or more of the provisions contained in this Agreement are for any reason held to be invalid, illegal, or unenforceable in any respect, the invalidity, illegality, or unenforceability will not affect any other provision of the Agreement, which will be construed as if it had not included the invalid, illegal or unenforceable provision. VII. AUTHORITY The undersigned officers are authorized to execute this Agreement on behalf of the parties hereto, and each party hereto certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. VIII. REMEDIES No right or remedy granted or reserved to the parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. IX. APPLICABLE LAW This Agreement is to be construed under Texas law, and all obligations of the parties created in this Agreement are performable in Dallas County, Texas. Venue for any disputes arising out of this Agreement shall be in Dallas County, Texas. INTERLOCAL COOPERATION AGREEMENT 28281 BETWEEN COH%..~. · I.S.D. AND CITY OF COPPELL PAGE 4 C,~f~t ® I BEGINNING WORK DOCUMENT Xe SUCCESSORS AND ASSIGNS This Agreement binds, and inures to the benefit of, the parties to the Agreement and their respective legal representatives, successors, and assigns. Neither the District nor the City will assign, sublet, subcontract or transfer this Agreement without the written consent of the other party. No assignment delegation of duties or subcontract under this Agreement will be effective without the prior written consent of the other party. XI. RECITALS AND ATTACHMENTS The recitals and attachments to this Agreement are incorporated herein for all purposes as if set out herein verbatim. ~ ~EPE~ENT SCHOOL DIS~CT By: Date: President, Board of Trustees Attest: Secretary, Board of Trustees CITY OF COPPELL, TEXAS By: Date: Candy Sheehan Mayor, City of Coppell INTERLOC,~L COOPERATION AGREEMENT 28281 BETWEEN ~i)I~I~LL I.S.D. AND CITY OF COPPELL PAGE 5 BEGINNING WORK DOCUMENT Attest: Secretary INTERLOCAL COOPERATION AGREEMENT 28281 BETWEEN O~P~L, I.S.D. AND CITY OF COPPELL ' Michael Martin - Riverchase Elem, - Page From: "Robert Howman" <rahowman@glennengineering.com> To: "Terry Hoyle (E-mail)" <tnhoyle@shwgmup.com>, "JA... Date: 9/23/99 8:50AM Subject: Riverchase Elem, Mike, I spoke with Jason with Dal MAc he said we needed to add 7,500.005 dollars to the original Price Robert Sorry this took so long but Jason Was on vac last week. ENGINEERING DEPARTMENT FAX CO I/ER SI-1EET · _.- Phon~ ~ ~,~ Onduding cover sheet) [] U~gent [] For Review [] Pldme P.c~l...lat [] Please Reply [] As Requested STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DALLAS § INTERLOCAL COOPERATION AGREEMENT This Interlocal Cooperation Agreement is made by and between the City of Coppell, Texas (hereinafter referred to as "the City").and the L-%},v~.ll Independent School District (hereinai~er referred to asC"i" (.,~.~ _~%%~ WHEREAS~I~e City of Coppell, Texas, a home rule municipality, hereinafter called "City" and the ~p~-*l Independent School District, hereinai~er called "~ll~" desire to enter into an agreement whereby the City will sc-,ot-,,-t ,tri,,,.,.,.'~t ;"T ..... "a~nts at ti.,. ,,,.nth,.a~ ~um~ of th~ c'o~"n ~'s;'ldl~ ~holal ~oat ~'oFl~.'~ locatecl~oa '~nGl~ Rat-' ~:ul the will the (_,,~ its share of the costs of the cortstmction ~n~'$htt Ineel~ ben~/~,~ pay WltEREAS, Chapter 791 of the Texas Government Code, as amended, provides authorization for local governments to enter into interlocal contracts; and WHEREAS, this interlocal contract is mutually advantageous for both the City and and has been authorized by their governing bodies; and C.f'l~l$l WHEREAS, the payments for the performance of governmental functions and/or services set out herein will be made from current revenues available to the City and C~. ¢ NOW, THEREFORE, in consideration of the foregoing and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and CISD agree as follows: C~'~'~ ~ agrees to pay the ~ for its share of the costs to e'~¢~P!c~,~'$Y ~ ~~_ .7 ~ cost is estimated at ~2.3'87.00, as set forth in E~bit A . ~ agrees to ~~e sum of~J~.3S~0 at the time of its execution of t~s a~eement ~d to re~t a check payable to the ~[~ ~aid amount n~ *~ prnGa* 'he ~' gith~x iae~ble event ~s h~u~are of the costs of construction exceeds the sum~~, the ~ ~ll pro, de ~~ ~tten notification of th~?i~l costs ~d ~ ~11 pay s~d costs ~er obtai~ng approval for the addition~ ~nding.~ ~1 pay the addition~ costs to the ~ ~thin forty-five (45) days ~er receipt of the ~tten notification from the~for s~d costs. ~ c the event l~l~s actual share of the costs of construction is less than lil[~I/), the t~ will refund the difference in costs to ~ w/thin thirty (30) days after completion and approval of the construction. ~, ¢~ II. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. III. No amendment, modification or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date of this Agreement and duly executed by the parties. IV. The obligations and undertakings of each of the parties of this Agreement are and shall be performed in Dallas County, Texas. The validity of the Agreement and any of its terms or provisions, as well as the rights and duties of the parties, shall be governed by the law of the State of Texas; and venue for any action concerning this Agreement shall be in Dallas County, Texas. V. The parties to this Agreement represent that they have full capacity and authority to grant all rights and assume all obligations that they have granted and assumed in this Agreement. VI. This Agreement may be terminated by either party by providing the other party with thirty (30) days prior written notice of termination. VII. The recitals to this Agreement are incorporated herein by reference. EXECUTED on this ~3r'a/ day of ,,~t4 r~ ~ , 1998. THE CI 'X oF cg?P - /' By: Mayor{ Interlocal Cooperation Agreement - Page 2 tg0~t i I 08:07 972~3~22' O, ALHAR PAC_.~ el PROPOSED CHANGE ORDER # 12 CALHAR CONSTRUCTION, INC. 2138 CalH&r Drlv® . Office (972)838-2888 1 Fax (9/'2)838-2299 CONT~TOR/OWNER PROJECT 1 t t W. ~ VI~ Rd ~M~, T~ ?~ PR~ECT NUMBER A~n: J~ LNll~ l?2-2MW ~ ~2 'II0 Iff· o~. TYPE OF WORK: remove 24" RCP & rel)Mae with 3~" RCP YOU A.RE HEREBY AI~ED TO MAKE THE FOLLOWING ~ IN YOUR WORK ON THE/M)OVE C,N~'K~ED IN~OJECT. IT BEING UNDERSTOO0 THAT THI0 CHANQE I~ ~ BE EXECU~I'ED UNDER THE TEIM,8 OF AND CONDITIC)NI EMBODIED IN OUR CONTRACT, Original ~omra~t Pr~e $ 'IlO,Me.00 ADDITrrONG OR DELETION~ TO CONTRACT; Remove existing Juncti~ box for 24" RCP I EA ~5.00 $665.00 New juneti~ box for 30" pipe t EA S3,680.oo S3,680.00 RMrte~a 24" RCP 130 LF $2g.00 $3,770.00 30" RCP CUll 130 LF S58,00 $7,640.00 Rewo~ c~'~fl, tO exlMiflO S' manhole I EA $2,650.00 $2,~80.00 Remove/replace pavement ~6 SY $131.00 $4,716.00 Bi(fic,;~;e/plitea/traffie control I LS Reo~neet 18" RCP to 30" RCP 2 EA S475.00 $~0.00 1~" RCIa CLIll 16 LF $37.00 $592.00 Clly mMnL bond I LS $225.00 $22S.00 Mobilization 1 EA $850.00 $860.00 TOTAl, 130,~,00 NOl11: I) If the nort~ boun(l I]-affic can be put in the south bound lafle~ so we can work in both north lanes - of IrMIM It ~e em,ne time DF'DUCT: ($4,000.00) 2) There leeml to be an existing gas llne end ~evtrel fiber optic line C, OrKlUitS that will be in the way of the 30" RCP. We are assuming thole Ilnee will be relocated bMom wa begin 3) The pavement repleeement item ii only for replacing the smallest 8mouAt of concrete nee<le0 tO Cio our work. It Cloes not include construction joint to joint replacement if me city decicles to require that. CONTRACTOR/OWNER GALH~:O~T~~__%N INC. DATE: DATE*. · :0/~0 ' cl t~t, 6# ~S: 60 0£- 80 ' 666 ~ £St, q 06B ~-6 NO ! lJnoo~-~- 3~o *' ~0~ 972719~229 J ~ 9727194229; sep-?~'~g9 3:33P~J; Page 1/2 3en[ ay: OLENN ENGINEERING; __~ ~'- I~ing, Texas 75062-2206 .' Number of pages including cover -~ ee! To:~y~ ~~--I~ From: Fax phone: ~ ' ]~~ Fa~ phone: 972.71 CC: ~~' '~~- REMARKS: /Urgent [] For your review [] Reply ASAP [] Piea)e comment 9727194229j $ep-243~99 3:34PM; Page Sent ~y: GLENN ENGINEERING] PROPOIED CHANGE ORDER tit t2R GONTRA~on, doWN~ PROJECT