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ST9301-AG021022AGENDA REQUEST FORM COPPELL DEPT: Engineering/Public Works DATE: October 22, 2002 ITEM #: 10/E ITEM CAPTION: Consider approval of a Resolution approving an Interlocal Agreement with Dallas County to reimburse the City of Coppell for the cultural resources investigation for the Sandy Lake Road Project (from MacArthur Blvd. to the Elm Fork of the Trinity River) in an amount of $6,000; and authorizing the Mayor to sign. IIII GOAL(S): APPROVED BY CITY COUNCIL ABOVE DATE EXECUTIVE SUMMARY: Motion to Approve Res. # 2002-1022.1 M - Herring S - Peters Vote 5-0 York & Tunnell absent This interlocal agreement will allow reimbursement from Dallas County of $6,000 for the archaeological survey performed for the Sandy Lake Road project (from MacArthur Blvd. to the Elm Fork of the Trinity River). Staff recommends approval of the interlocal agreement for cultural resources investigation between the City of Coppell and Dallas County in the amount of $6,000. Staffwill be available to answer any questions at the Council meeting. FINANCIAL COMMENTS: DIR. REVIEW: Agenda Request Form - Revised 09/02 CM REVIEW: Document Name: #eng4-1AR DALLAS COUNTY PUBLIC WORKS December 12, 2002 Mr. Ken M. Griffin, P.E. City Engineer City of Coppell P. O. Box 9478 Coppell, Texas 75019 Re' Sandy Lake Road Project 91-830 (Kimbel Court to the east City Limits adjacent to the Elm Fork of the Trinity River) Transmittal of Interiocal Agreement for Cultural Resources Investigation Dear Mr. Griffin: Transmitted herewith is one (1) fully executed original of the subject Interlocal Agreement for Cultural Resources Investigation tbr your records and use, as well as a copy of Court Order 2002- 2127, dated November 19, 2002 authorizing same. If you have any questions or comments, please feel free to contact this office at 214-653-7151. Sincerely, s, P.E. Senior Project Manager ILM:dlc Enclosure 411 Elm Street, 4th Floor Dallas, Texas 75202 (214) 653-7151 DALLAS COUNTY PUBLIC WORKS October 7, 2002 Mr. Ken M. Griffin, P.E. City Engineer City of Coppell P. O. Box 9478 Coppell, Texas 75019 Re: Sandy Lake Road Project No. 91-830 (Kimbel Court to the east City Limits adjacent to the Elm Fork of the Trinity River) Transmittal of Interiocal Agreement for Cultural Resources Investigation Dear Mr. Griffin: Enclosed please find three (3) originals of the referenced Interlocal Agreement for Cultural Resources Investigation for the referenced project. Please have these agreements fully executed and remm ali originals for execution through Commissioners Court to: Janet Norman Dallas County Public Works Administratior/Building, 4t~ floor 411 Elm Street, Suite 400 Dallas, Texas 75202 If you have any questions or comments, please do not hesitate to contact thig offi~ Sincerely, lohn L. Mears, P.E. Senior Project Manager /die Attachments 411 Elm Street, 4th Floor Dallas, Texas 75202 (214) 653-7151 MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: From: Date: RE: Mayor and City Council Kenneth M. Griffin, P.E., Dir. of Engineering/Public Works October 22, 2002 Consider approval of an Interlocal Agreement with Dallas County to reimburse the City of Coppell for the cultural resources investigation for the Sandy Lake Road Project (from MacArthur Blvd. to the Elm Fork of the Trinity River) in an amount of $6,000; and authorizing the Mayor to sign. Since 1993 Dallas County has been working on the design of Sandy Lake Road from east of MacArthur Blvd. to the Elm Fork of the Trinity River. For some time now, the City of Coppell has been aware of the fact that the construction of the roadway will be our responsibility. In our investigation concerning any required permits for the construction of Sandy Lake Road, we were informed that we would need to perform an archaeological survey of the area to determine if any historical or pre-historical resources were in the area of construction. AR Consultants, Inc. entered into a contract with the City of Coppell in March 2002 at a cost of $6,000 to perform the archaeological survey. The survey revealed that there were no natural resources that would need to be mitigated during the construction. After completion of the survey, I contacted Dallas County inquiring as to whether or not they would reimburse the City of Coppell for the study because the study was part of the design phase of Sandy Lake Road and should have been included in the initial design. After several telephone calls, Dallas County has presented the City of Coppell with an interlocal agreement to reimburse the City the $6,000 previously spend on the archaeological survey. Staff recommends approval of the interlocal agreement for cultural resources investigation between the City of Coppell and Dallas County in the mount of $6,000. Staffwill be available to answer any questions at the Council meeting. "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" STATE OF TEXAS COUNTY OF DALLAS COURT ORDER ~' NOV 1 9 200Z om)s BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Da!hq County, Texas, held on the 19thtay of November ,2002, on motion made byMi k~ seconded by WHEREAS, WHEREAS, WHEREAS, 'tEREAS, ,and Jim Jackson, Corm. of Dist.#q ., thc following order was adopted: the matter set forth below was presented to Commissioners Court in briefing on November 5, 2002; and the 1991 Thoroughfare Bond Program included funding for design and construction on Sandy Lake Road fi.om MacArthur Boulevard to Coppell City Limits, Project 91-830, in the City of Coppell in District No. 1 in the mount of $3.6 Million; and the City of Coppell and Public Works staff desire to &termine if a previously designated prehistoric archaeological site, (4 IDLI 2), extends into the area of the proposed construction project by performing a Cultural Resources Investigation; and in the attached Intedocal Agreement thc City has agreed to perform thc requested Cultural Resources Investigation at a cost not to exceed to the County of $6,000.00; and the Director of Public has reviewed the attached lnterlocal Agreement and recommends its execution. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED I>/the I~11~ CourtW Commls-sionet~ Court that the Coun~ Judge is hereby authored and directed to execute the anached Intedocal Agreement with the Ci~ of Coppell, in the amount of $6,000.00 for the San~ Lake Road Project 914530 to be paid from Bond Fund 00424, Project 500?9, Code 08010. DONE IN OPEN COURT, this the 19th day of November Co~y-'Judge ~ [/ Dis~ic~ \ / / eco me dad ~_/(/ For Approval: Donald 1L Holzwarth, P.E. Director of Public Works IVEke Cmtrdl District 2 Kenneth A. Mayfield District 4 RESOLUTION NO. ~ A RESOLUTION OF TI~'. CITY COUNCIL OF TI~. CITY OF COPPELL, TEXAS, AUTHORIZING TI:W. MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH DALLAS COUNTY, TEXAS FOR CULTURAL RESOURCES INVESTIGATION FOR SANDY LAKE ROAD PROJECI' 91-830, WHICH IS ATTACITF. D i~.RETO AND INCORPORATED I:flZ. REIN AS EXI~I~IT "A"; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT RESOLVED BY TFI~ CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Mayor is hereby authorized to execute an Interlocal Agreement with Dallas County, Texas for cultural resources investigation for Sandy Lake Road Project 91- 830, which is attached hereto and incorporated herein as Exhibit "A". SECTION 2. This Resolution shall become effective immediately from and aRer its passage, as thc law and charter in such cases provide. DULY PASSED and approved by thc City Council of thc City of Coppcll, Texas, on this the~,~dayof ~ ,2002. CANDY SH~B~MAyOR ATTEST: ~TARY APPRO~ TO FORM: A ro m¥ (REH~db 10/1~02) 51405 STATE OF TEXAS COUNTY OF DALLAS INTERLOCAL AGREEMENT BETWEEN DALLAS COUNTY AND CITY OF COPPELL FOR CULTURAL RESOURCES INVESTIG~4TION FOR SANDY LAKE ROAD PROJECT 91-830 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 determining if a previously designated prehistoric archaeological site, 41DL12, extends into the area of the proposed construction project on Sandy Lake Road, as further described by Exhibit "A"; and, WHEREAS, 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 herein: WITNESSETH City has requested and County agrees to participate financially in a Cultural Resources Investigation for the Sandy Lake Road Project 91-830 from Kimbel Kourt to the east City Limits adjacent to the Elm Fork of the Trinity River, hereinafter called the "Investigation", as further described in Exhibit "A" attached hereto and incorporated herein for all purposes. The investigation has been determined to be a vital part of project development and delivery and is normally funded by the agency managing the design. II. City agrees to provide for Cultural Resources Investigation Services (the Investigation") needed for the Sandy Lake Road Project 91-830. All services will be acquired in accordance with the laws of the State of Texas, including, but not limited to the Professional Services Act III. County agrees to participate in the Investigation in an amount not to exceed Six Thousand Dollars ($6,000.00), hereinafter called the "Not to Exceed Amount" as fair compensation for County's participation in said Investigation. County agrees to pay to City up to the sum of Six Thousand Dollars ($6,000.00) as County's total cost of the Investigation within thirty days of receipt of invoice and documentation showing the award SANDY LAKE ROAD PROJECT 91-830 ILA I to the successful vendor by the City Council and such other documentation as may be required by the County Auditor. All County and City funds will be paid from currently available revenues. IV. City agrees to pay all cost of the Cultural Resource Investigation in excess of County contribution. City further agrees, at its cost, to do all work necessaxy to comply with all state and federal requirements necessary to utilize the Investigation and compliance or remedial actions as may be necessary to use such right of way for roadway purposes. City agrees, at no additional cost, to provide County with a duplicate copy of all deliverables from said Investigation. VI. The term of this agreement shall be from the date of the last signature approving the agreement until the completion of the Investigation, receipt of all deliverables and final payment as provided herein. VII. 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 constructed 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. VIII. ENTIRE AGREEMENT. This Agreement, including all Exhibits, and Addendum, constitutes the entire agreement between the parties hereto and supersedes any other agreement concerning the subject matter of this transaction, whether oral or written. No modification, amendment, novation, renewal or other alteration of this agreement shall be effective unless mutually agreed upon in writing and executed by the parties hereto. IX. BINDING EFFECT. This Agreement and the respective fights and obligations of the parties hereto shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto as well as the parties themselves; provided, however, that County, its successors and assigns shall be obligated to perform County's covenants under this Agreement only during, and in respect of their successive periods as County during the term of this Agreement. SEVERABILITY. If any provision of this Agreement shall be held invalid, void or enforceable, the remaining provisions hereof shall not be affected or impaired, and such remaining provisions shall remain in full force and effect. SANDY LAKE ROAD PROJECT 91-830 ILA 2 XI. BINDING AGREEMENT / PARTIES BOUND. City and County certifies that the person executing this Agreement has full authority and is authorized to execute this Agreement on behalf of City of Coppell and County of Dallas. Such authority is evidenced by a resolution number~, dated the~,~--'~ay oft~7~(a.a,~2002 has been duly passed by the City of Copell and Court Order No of the day of ,2002, which constitutes a legal, valid and binding obligation of the parties, their successors and permitted assigns. XII. HEADINGS. Headings here in are for convenience of reference only and shall not be considered in any interpretation of this agreement. XIII. NUMBER AND GENDER. Words of any gender used in this Agreement shall be held and construed to include any other gender and words in the singular shall include the plural and vice versa, unless the context clearly requires otherwise. XIV. COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. XV. CHANGES IN LAW Any alteration, additions or deletions to the terms of this Contract which are required by changes in federal or state law are automatically incorporated into this Contract without written amendment to this Contract and shall be effective on the date designated by said federal or state law. XVI. NO THIRD-PARTY BENEFICIARY ENFORCEMENT. It is expressly understood and agreed that enforcement of the terms and conditions of this agreement and all right of action relating to such enforcement shall be strictly reserved to City and County and nothing contained in this agreement shall give or allow any claim or right of action whatsoever by any other person on this agreement. It is the express intention of City and the County any other entity other than City or the County receiving services or benefits under this agreement shall be deeded an incidental beneficiary only. SANDY LAKE ROAD PROJECT 91-830 ILA 3 XVlI. NO JOl/qT ENTERPRISE. It is expressly understood and agreed that the contribution of funds, a shown herein, is the total participation by County in the Investigation and such participation does not constitute a ioint enterprise between the parties. The City of'Coppell, state of Texas, has executed the Agreement pursuant to duly authorized City Council' Resolution ~o~.-/Og~../, Minutes Dated the ~[7- ~'~ day The County of Dallas, State of Texas, has executed this agreement pursuant to Commissioners Court Order Number. 2002-2127 and passed on the 10th day of November , 200_2 CITY OF COPPELL// BY: TITLE/ . BY. C l'l~i~ S E'C RE~RY~ATT ORNEY COUNTY OF DALLAS BY. Lmm co rr BY: [ J~net IL Ferguson 0 XD. Jeputy Chief, Civil Section Dallas County District Attorney SANDY LAKE ROAD PROJECT 91-830 ]I,A 4 PROPOSALFOR ARCHAEOLOGICAL INVESTIGAIION OF SANDY LAKE ROAD COPPELL, TEXAS CITY OF COI'PELL P.O. Box 478 Coppell, Tex~ 75019 AR CONSULTANTS, INC. March 3, 2002 ~ .~D~ '~.Alan Sidnn~, Ph.. HISTORIC BUILDINGS ARCHAEOLOGY .NATUIL-~L SCI ENC ES LL I i' LIP CL, P'P-I:_LL AR CHA £ O L O ~ ICA £ I N FE,~ TIO A TI ON A L O N ~ SAND ~ I. A I~E I~ OAD CITY OF COPPELL SANDY LAKE ROAD WIDENING (Klmbel Knurl to East Cit~ Limits) CULTURAL RESOURCES INVESTIGATION SCOPE OF SERVICES Introduction The City of Copl~ll is planning and pcrmitting of the widen/ag of Sandy Lake Road between K.imbe[ Knurl and thc East City Limits adjacent to the ELm Fork of the Trinity River (Figure I). Much af this &rea h~ been diatui'bed by previou.s mad cormmotion as well as gravel mining, drainage channelization, and r~cant housing cb¥clopmonts. Thc area is entirely within the Elm Fodc floodplain. A prehistoric archaeological site, 41DL12, was recorded south of the road in 1940 ;md more recently C. Reid Ferring (1986:89-9l, 244--246) evaluated a de~ply buried daposit that he correlated with this same site. The primary purpose of t¢$tin~ is to deterrr~¢ if site 41DLI2 extends north to ~he area of propo~d widening of Sandy Lake P. oad just wc~t oft,he Elm Fork. AR Consul{ants, Inc. (AP, C) is pleased to submit this Scope of Sec~ic~ in order to allow thc City of Coppeli to salisfy federal and state requirements with regard to the discovery and evalualion of cultural resources that may be present within the project area. The purpose of thc smd)' will bc to deternline if eultx~al resources are present within the proposed project corridor, to a~ses$ the $ign/ficanee of any histor/c or prehistoric resources present, and to make recommendations about how to mitigate the Loss of' an), cultural r=souree$ deemed significant. ARC proposes to conduct the following maka (T~ks 1-09 to complete this project. Thc proposed cost is also included. CITY OF CCPPELL ENGR. DEPI. -~ B~14oSJ~,45 I~U. ¢'J l~d4 A.qCHA~OLO0[C,4I. [NFF~t'It]ATiOJVA£ON~ ~A.NZ)Y ~ F ii~m*c 1.TX Study 7,3'area USOS shoWn map.°n a section or' the Cafl*ollmn, 00x05/~3~ 13:~0 CITY If COP~ELL ~t4~. DEPI. ~ ddl~3J6~b ~gCIL4EOLOGICAL INI/F. TFIGATION ALONG ~ANDY LAJ~ RO~J~ Task Deserivtions ~ Ob~tn TAC Prior to i~adon of fieldwork, Dr. S~nner ~11 sec~e ~ ~quiti~s P~ ~m ~ ~II requ~ ~c sig~ of a Ci~ o~ Coppell o~ci~ or ~clr rcpre~nm~ve. We ~ ~qu~l a onc-y~ Task 2: ~chiv~ ~v~tion of ~e Study ~a ARC h~ conduacd ~c~v~ ~ch on pMt l~d use of~c ro~ mute ~d ~ p~se~ed ~s i~o~ation to ~e THC. The ~ew ~cludes v~o~ maps, photo~ap~, ~, ~d ~o:~ av~lable ~ D~I~ Co~W. We have al~ contacted avoca~on~ ~a~lo~ aboul ~ordcd p~hi~o~o ~chaeolo~c~ si~s ~ ~s p~ of~e E~ Fo~. Cultural R=sour~es Survey The study area will be ~valkcd in its entirety in order to locate exposed siu'facc artifacts and w record the presence of mussel shells, burned animal bone, mid other evidence of prehistoric occupation which may bc buried under the surface and have been exposed by past land disturbances. Shovel-testing may bo done in there areas, but backhoe ~renching will be us~ ~o explore for buried deposits to determine if recorded prehigtorle sige 41DLI2 extends into the road corridor. At prcscn~ we anticipate that &~ si~e does not extend into this axea. It is expected that we will excavate a minimum of four backhoe trenches as part of chis investigation. The backhoe and operator will be provided by the City of Coppell. Each trench will b~ profiled and inspected for evidence ef buried cultural materials and ancient soil horizons. Tho Quaternary deposits of the Elm Fork floodplain are poorly recorded (Fcrfing 1990) and it is our opinion that the polential of discovering in-place archaeological deposits like the ^ubrcy Clovis site is low bu~ shell- lc~s and midden deposits are possible. Laboratory Analysis Laboratory analysis will progress along with the ~asks outlined above. Inta&n analyses will be conducted during the usks and resulm that are critical to the ~chedulin$ of the project will immediately be ~ransmitted :o the City of £oppell. Laboratory analysis will include the preparation or' artifact~ and records for permanent ctuation a_s well as the description of thc artifacts arid other cultural evidence discovered during survey and testing, This also includes the preparalion of maps, photographs, and records gencralecl during T~k 2. ,IR CO~VSULT~Ih'I~ AVe A~¢i~£OLOGIC..4£ I)iVD"i'IOATION ALO~ SANDY LAKE Te sX~..~.' Comprehensive Report This ~k w/il involve the preparation of a complete draft report that will ~e submit~d to th~ rev/cw agencies a/~er review by the City of Coppell. The dra~ r~port (2 copies) ~/II mitred to the City of CoppcLI, the Corps of Engineers, and Tex~ Hiato~cal b..¢ sub ..... .._... A Aer review and satisfactory responses to the review agcncxca, t..o111,13Lt~$$Oll lot TCvww. ~'~, 20 copies of the final report will be submitted to the Texa~ Histot/eal Commission as pcl- the temps of their permit. Five copies will alao be submitted to the City of Coppell for dis~,ibution as they see fit. T~k 6: A~ifacc/Record Curation The perraanent curation of the artifacts and records generated by tiffs investigation will be arranged with the Departmen! of Anthropology at Southern Methodist University. This repository is approvod by ~he Tex~s Historical Commission for permanent curat/on. The cost cf this curation is included. Schedule ARC is prcparcd to be~,in work on ti,is inveitisation /mmediately upon ~cei~g a No~ice-T~Procecd. D~ng ~e fi~ wee~ ARC e~c~ ~o sec~e ~e ~ities PG~t (T~k I). T~k 2 h~ bccn essentially complemd. ~c cu]~al rcso~c~ ~Y ~k 3) shoed begin no lamr ~ week 3 ~ should t~e no more ~ one week to co~le~, ~ good weather. B~oe ~ching ~l~ ~ ~ c~cd out d~g ~e s~e or ~e follo~ week. T~sk~ 4 ~d 5 ~[[ b~gin j~ u soon u T~ 3 is completed ~d ~ res~ ofT~k 4 in:o ~c ~pon ~1~ ~ inco~ted ~ust ~ s~n ~ ~ey ~e av~lable. It is ~ficipated ~a~ t~ dm~ fi~l repo~ c~ b~ submi~ed for review no lair ~ 3 wee~ ~cr ~e fieldwork is comple~d. ~e Cotillon ~ene~ly req~r~ a mon~ for ~ ~ review. ~e revised final repo~ should be completed no longer ~ ~o wee~ ~r ~e reviewed dra~ ~c ~ed. Deliverables The draft and fi~ai repons a~e the major deliverable produci o~ this ~nvesti~ation. Wc will also prepare field and labora~o~' records ~o that they ar~ available for review, if needed, a~d they wi. II be presented tv the curation fa~lity at the end of the i~vestigat/o~- We propose the following starting for this project: S. Alan Skinner, Ph.D, will serve ~ Principal Investigator and as Pri.acip.I Investigator and Project Archaeologist, He will be assisted by Lance I(.. Trask, Floyd D. Kent, and Jesse Todd. Resumes are available. ~CIb4£O&O~IC~L IN~..STIGATiON,al. DNG X4~DY.L~ ROAD This investigation xvill be carried out by ARC for the lump sum ors 6,000,00, Half will be bUlcd when thc fieldwotk is complc~l, the rem.n~_nder when the dra~ repor~ has been approved by the Texa~ Hiato~cal Commi~ion. Date D~te Rei~va Refers lteniag. C. Reid ~gM La~e Qaetcmary G colo&y an~ £nv~ronmen~a of the Upper Tri~i~ Basin- ~ dn Au~ume'nt of the Cultural Re~ourc~ In ~e ~ a~i~, ~ll~, T~t, a~ Denmn Co~tf~. ~, ~ by ~o~i~ C Y~s ~d C. Reid Fe~ pp. 32-I ~2, N~ T~ g~e ~niven~, ~m~ of Applie~ S~en~s. Geological Soe~ of Amer~ Fie~ Tflp ~11 Gulde~k. ~001 ~historte ~c~atl~ oF Lower ~to~ Cree~ ~ Ree~d Low~ ~ Foe~ P¢~Nrm~, a Redefinition of Culmr~ C~e~ ~ C~olo~ alo~ T~nl~ ~, Norrh~en~M r~m. T0x~ Hh~cal Comm~ien, O~ce of Skier, S. AI~ 1978 d~¢~eological l~ti~l~n of ~ ~ Mclnneh M~c~t ~ ~Co~I~, Cul~al 1999 Culmral R~o~ l~tlgmton m An~ B~wn C~m~l~ P~ Cop~. r~, A~ 1999 Cullur~l R~ou~t ln~t~ent at t3~ ~ ~a~ ~o~ $wale. Ca~atlton. ~. AK Culmnl ~es~r~s Rcpo~ 99-21- Sk~ner, S. Alan, ~e~ey J. R~c~er, ~ M~ R. ~ohns~n } 97 $ ~lt~ Arc~eol~ical Pote~la[. Proems/or L~ating a~ Evaluating P~t~fc Sou~em Me~M[s~ Univ~s~, ~cha~t~ ~s~h FmC, R~h Rein I 11. T~g, Lance K., Brenda B. ~ono~ ~ S. Alan ~eolog~al ~ of ~e ~rop~edS~le dr~ in Mcl~b P~k C~rollre~ r~. AR Consult~u, Cul~l R~ou~es R~ ,~n co~ut.r, oc~