MA 9601 Deforest-AG 960910
STATE OF TEXAS
COUNTY OF DALLAS
SUPPI.EMENTAI.
CITY/COI4~TY AGREEMENT
WHEREAS, on September 10, 1996, by Court Order No. 96-1700, the City of Coppell, Texas,
hereinafter called "City," and the County of Dallas, Texas, hereinafter called "County," entered into an
agreement under which the County would reconstruct DeForest Road, a Type "E" street, from MacArthur
Blvd. to Allen Road, for an estimated cost of $58,436.57. This amount was placed in escrow by the City.
This work has been completed for a total cost of $53,504.97, leaving a remainder of $4,931.60 in escrow.
The City has indicated that it would like to extend the project to 500 feet east of Allen Road for an estimated
cost of $11,111.11. This work, like that in the original project, will include milling approximately 1,111.11
square yards of existing asphalt and base material to a depth of six inches, placement of 6 inches of
compacted cement a'eated base and resurfacing with 2 inches of hot mix asphaltic concrete. The City wishes
to use the $4,931.60 remaining from the original DeForest Road project, leaving a shortfall of $6,179.5 I.
The City has surplus funds escrowed with the Count), for the completed Type "B" project Bethel Road
(IJ416). The City has requested that funds in the amount of $6,179.51 be transferred from the Bethel Road
Project (I J416), Account No. 120-884-831-7, to the DeForest Road Project (IJ424), Account No. 120-716-
831-7, to reconstruct the additional 500 feet of roadway; and
WHEREAS, Chapter 791 of the Texas Government Code, as amended, provides authorization for
local governments to enter into interlocal contracts.
NOW, THEREFORE, THIS MEMORANDUM OF AGREEMENT is hereby made and entered into
by the City and the County upon and for the mutual consideration stated herein.
WITNESSETH:
City. requests County to do additional work on the DeForest Road project as outlined above. The
City has requested to fund this Type "E" work, at a total estimated cost of$11,111.11, through use of the
funds remaining on the original DeForest Road Project ($4,931.60) and the transfer of $6,179.51 of surplus
escrowed funds from the Bethel Road Project IJ416.
II.
In the event the construction costs exceed the estimated costs, City and County may agree to reduce
the scope of the work or seek additional funding to complete the project. Such agreement shall be in writing
and authorized in a manner as provided by law.
III.
It is agreed that the work will not start until this agreement has been fully executed by the City and County.
IV.
The County shall at all times exercise reasonable precautions for the safety of employees and others
on or near the work and shall comply with all applicable provisions of federal, state and municipal safety
laws. The safety precautions actually taken and their adequacy shall be the sole responsibility of the County.
The County agrees to be responsible for any liabiliw or damages the County may suffer as a result
of claims, demands, costs or judgments against the County, including workers' compensation claims, arising
out of the performance of the work 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 performance of this agreement and caused by the sole negligence of the County, its
agents, officers and/or employees.
The City agrees to be responsible for any liability or damages the City may suffer as a result of
claims, demands, costs or judgments against the City, including workers' compensation claims, arising out
of the performance of the work 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 performance of this agreement and caused by the sole negligence of the City, its agents, officers
and/or employees.
City and County agree that any such 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 comparative responsibility haws of this state.
The City of Coppell, Texas has executed this Supplemental Agreement pursuant to duly authorized
City Council Rc~uhttiorr 0rd.96-766 , Minutes N/A , dated 5/28196
The County of Dallas has executed this Supplemental Agreement pursuant to Commissioners Court Order
Number , on this day of ,1997.
CITY OF COPPt~E)~~ COUNTY OF DALLAS
BY: ~,~7~ BY:
" County Judge
c ~f~ce~'wpv,,'in\wpdoc.~tbl'~Ll'424sup &sm
Commissions. I. Ord. 96-764)
B. All .purchases of personal property and contracts for construction, repair.
set,aces tother than personal or professionalL high technology
procurements, or any other lawful municipal purpose ~'hat require
expenditure of $15.0)0 or less. regardless of the source of funds or
whether for consumables, recumng expenses, capital outlay, or
replacement shall be made bv the City Manager upon such comp~.titive
basis as he may deem necessary and advisable.- If the expenditure is more
than $3.001). tl'ie City Manager' shall follow the procedures for contacting
disadvantaged busirfesses prescribed in section 252.0215 of the Texas
Local Government Code. as amended. Ail such purchases and contracts
may be made by the City Manager as provided in this subsection without
further City Council actfon.tOrd. 96-764)
C. A contract for personal or professional services requiring an expenditure
of $15.000 or less may be authorized by the City Manager or his designee
by administrative action, without further City Council action. A contract
for personal or professional services requiring an expen !iture exceeding
$15.000 must be authorized by the City Council. (Ord. ', 764)
D. For purchases of personal property and contracts for construction, repair.
services, or any other lawful municipal purpose requiring an expenditure
exceeding $15.000. and required by state law to be competitively bid. the
City Manager or his designee shall follow the procedures set forth in
Chapter 2:52 of the Texas Local Government Code. fOrd. 96-764)
E. For purchases of personal property or contracts for construction, repair.
ser~'ices, or any other lawful municipal purpose requiring an expenditure
exceeding S15.000. but not exceeding $50.000. and required by Chapter ...
252 to be competitively bid, the City Manager or designee shall tabulate
the bids and select a vendor or contractor with the i, west responsible bid.
The City Council. or City Manager. when authorized to contract for the
City. shall have the tight'to reje~ any and all bids. (Ord. 96-7641)
F. In the case of high technology procurements, within the same dollar
limitations as D above, the City Manager. or City Council. as the case may
be. may follow the competit/,,'~ sealed~proposa113rocedure as authorized b~'
Chapter 252. Contracts for insurance that require an expenditure of more
than $5.000 from one or more municipal funds, shall be awarded at'er
following the procedure prescribed by Chapter 252 for competitive sealed
bidding. (Ord. 96-764)
G. No expenditure exceeding $15.000 may be made without competitive bids
except when the expenditure falls within one of the general exemptions
outlined in section 252.022 of the Texas Local Government Code. provided
however, that in the event of an emergency expenditure, such emergency
shall be declared by the City Manager"and'approved by the City Council.
or may be declared by the City Council in its resolution authorizing
execution of the contract. (Ord. 96-764)
H. The City Manager. with the written concurrence of the City Engineer. is
authorized to approve change orders on City construction and engineering
contracts without further approval from the City Council. so long as the
COPPELI. CITY CODE. 1996 EDnTON Chapter 1. Page 6
change will not increase the cost to the City by more than $25.{.X10.
provided that the original contract price may not be increased by more
than twenty-five percent {,25%,~. or decreased by more than twenty-five
percent i25 ..c'.'c} without the consent of the contractor, and further provided
that. in the event of an increase, there are~ bud~ete~ funds to cover such
:'i., . ~,. ~-.
cost increase. (Ord. 96-764) :-"' ,:"-'.), 2--'~,
Sec. 1-5-7 CIIY ADMINISTRATOR TO MEAN CITY MANAGER
From and after the adoption of this Article. the term City Administrator as used
in any ordinance of the Citv or the Code of Ordinances of the City shall mean
City Manager. {Ord. 86345')
Sec. 1-5-8 ACTING CITY M~NAGER
,-tn alternate officer to perform the duties of City Manager in case of the absence
or disability of the City Manager shall be appointed by the City Manager and
ratified by the City Council pursuant to Section 4.01(E) of the Home Rule Charter
of the City of Coppell. (Ord. 86345)
COPt'££L CITY CODE. 1996 EOrrlON Chapter 1. Page 7