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ST9302-CS 971014 214 965 0010 OCT 14 '97 15:19 FR N]~-~'~:'ILS JCKSON DLLRD 214 96S 0010 TO NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P. P. 01/05 1800 LINCOLN PLAZA 500 N. AKARD DALLAS, TEXAS 75201 (214) 965-9900 (214) 965-0010 FAX NAME: COMPANY: FAX NO.: DATE: FROM: PLEASE DELIVER THE FOLLOWING TO: Mr. Ken Griffin City of Coppell 972/304-3679 October 14, 1997 Robert L, Dillard, III TRANSMITTED BY: Stacy G Bechtot NUMBER OF PAGES (Including Cover Sheet): COMMENTS: THE INFORMATION CONTAINED IN THIS FACSIMILE IS A'FrORNEY PRIVILEGED AND CONFIDENTIAL INFOR~t~TION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. I~: THE RECIPIENT IS NOT THE INTENDED RECIPIENT. YOU ARE HEREBY NOTIFIED THAT ANY DISTRIBUTION. DISSEMINATION OR COPYING OF THIS COMMUNICATION I$ STRICTLY PROHIBFFED. IF YOU HAVE RECEIVED TIffS IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY PHONE AND RETURN TYIF. ORJGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA TEE U.S. POSTAL SERVICE. .10713/97 15 ~1 CI OF COPP~LL ~~65 18 NO 982 Q02 W~AS, le City of ~, T~ hr~ter ~ed "DaU_~" ~d te Ci~ o~~~ app~c~ !o~d ~ ~e Ci~ ~ of ~e ~ty of Cop~ ~oq and ~ ~ ~ ~dy ~e Road bO~ ~n Tap ~ad ~d ~~hur Bo~e~; ~d WHEREAS, the Interlocal Cooporation Act, Chapter 791 of the Toms Government Code, provides authorization for any local government to contract with one or more local governments to pa'form governmontal functions and services under the tea'ms of said Act; NOW THEREFORE, thlg Agreement is hereby made and entered bxto by the Cities of Dallas and Coppell for the mutual consideration stated herein: Dallas hereby requests Coppall ~to~c?~ns~rU."c~'s new water faci/ities located along and parallel to Sandy Lake Road between Denton Tap Road and MacArthur Boulevard. Coppell shall also, in connection with such facilities, relocate or adjust its own water and wastewater appurtenances, and provide sidewalks, street lighting facilities and specific traffic control devices for and in conjunction with CoppeH's construction of paving 1~/1~/~'t IB;Z~ U."" UP CUPP~LL ~N~IN~BRINB ~ 214 965~"t0 P.03/05 NO, and drainage improvements in the City of Coppelt on Coppe!l's Sandy Lake Road Project Dallas hereby grees to provide funding in the estimated amount o~??????)n ZZZ ,. "' """ . to bid opening, based on bid prices for the quantifies of work included in the bid proposal, prior to award of the construction controct. Adjustmeuts in Dallas ftmd~_~g shall be approved by duly authorized supplemental agreement, in accordance with the Charter and ~hereby reserves the right to revi. w any or all of the bid proposals submitted for Dallas's constructf.o~ue to irregularities, unbalancod bid items,~l. insufficient funds Dallas hereby agrees to provide, through Dallas's Water Utilities Departnt~t, inspection and quality control testing for construction of Dallas Water Utilities items in coordination with Coppell, through Coppe!!'s Engineering Department, Dallas hereby agrees to be responsible for approval of all design changes and to provide for any addittown, l funding necessitated thexeby, or for any il~xease in the quantity of Dallas's construction. OCT ~3 '9? ~?:29 214 304 35?9 PAGE.03 It"' r Copped hereby agrees to provide for the ssdmin~-etratiOn OF the construction contrac~ including advertisement For bids and awaFd of contract, CoppelJ hereby agrees to have Dallas water construction performed as clefreed by and in accordance with the plans and contract documents, the North Central Texa~ Council of Gover-meuts Standard Specificatiom for Public Works Construction (Second Edition 198T~, as mended, and Dallas Water Utaities Standard Drawings, Details and ApWetenances for Water and Wastewater Pil~_l._~e Construction Methods and Dallas Water Utilities Addendure to che Standard Spee~rFntions dated July, 1~)5. Coppell agrees that it will not make any paymeat, progress or final, to the construction contractor performing Da!las's water construction under this Agreement until construction has been approved in writing by Dallas. Coppell agrees that all payments to the construction contractor .shall be based on measured quantities of construction completed as foroished to Coppell by Dallas's Water Ut~itim Department Construction Engineer. CoppeU hereby agrees that construction will not commence until this Agreement has been fully executed by Dallas and CoppeD. Coppall hereby agrees to immediately advise Dallas of any and all design changes OCT 304 3570 PAGE.B4 r P. 05~05 which may occur during construction. Coppen hercby agrees to credit Dallas for my decrease in quantities of construction upon completion and Tmal acceptance of the work by Dallas and to mum to Dallas all funds provided but not used for the work under this Agreement. Executed this the ~ day of , 1997, by Dallas, si~iex~ by and through its City Manager, duly authorized to execute same by Resolution No. _ .. ~ adopted by the City Council on ,1997, find by Coppell, pursuant to Resolutio~ No. , adoi~ed by the City Council on ,1997. CITY OF DALLAS JOHN L. WARE, CITY MANAGER CITY OF COPPELL JIM WIT'r, CITY MANAGER BY: ....... BY: City Manager City Manager APPROVED A~ TO FORM: OCT 13 '97 17:29 214 30~ 38~0 Pm~GE.~ · * TOTAL PAGE.05 ~* SENT BY: C I TY OF DALLAS 9-23-97; 9:49AM; I~4, i.~.':..~...UI_UI'IIHI. I ,Ccunty construction ' Ccmtingen'ctee (5%) i RCW ~cqule!iti0n ' A~mifiistr~ive' Co~ts Design (i~cludes revisions) Material&. Testing . Tota~ RoadWay-Portion [ ~-~ c~n~y Bona Authorization WATER UTILITIES~ ! ATTACRMENT A PART I " 83d - _, ,359, ~ $1,518 = eo,ooo -- 146,430 = i 1.~8,000 - ~.S, 060 = $2,2~4,367 = $ 2, 10!0,000 Cy o.f DailaS'Share of shortfall= lla=e Water Utilities- ~' ~y o.f O~llas relmbur~eables = ~el' Ctt~ of Dallas ~o=ti~n = $194,36~ 1~;3,832 283, oeo 1 214 304 3570;#20/21 II II SENT BY: C I TY OF DALLAS "~i-3O :t'3':J%' ; 9-28-87; 8:48AM: WATER UTILITIES-' f-f~Ol"l b.~-LLF'~SCOCOr~t,ICT I u -'- .~--'1. ~ Bl~0 ~NE ~OJECT q -~ [MAIN 8TR~TO CQ~LL ~I~ ROAD) I I ;: ;;;;~ ,,, Z ~,~ o. ~.~ .~.~ ~. ...........,'r ................. . , = .i 'J 5:Q:~D** 2' WAT ~ S ' 6 s e ~' $C HiD ~ ~C CO NOU~I' 61 ~ $CHEO ~ Pvg NDUIT ~H~D' 4a , i~6 'INF GONC FOUNOA~ON ~' 672 ~!DIPA%'fkI'~TM~Rt ' ~ , . [ ~2 I~N OEUVE'~ ~1~ HY~T ALVE . ' ~ EdOB CUTtP~G W~TE~N FORTEST , 8~;:yTJP~G ~TWATER MAiN · UT T~R · , ' ' ' ER - 2~e a~ W~ATB MANHOLf ~4' 2~ ~ WA'riR MANHO~ / ~4' UO ~~,.~~.- 2 A~E~ W~ATER ~NUNE ~N~ WATER ~ERVIG E OFF i J 110- 2970 2450 8 7 1 1 6 IB30 1 1 20 14 1 1 1 ! 3 t 1. 214 304 3570;#21/21 'FO1'RL P. 08 SENT BY:CITY OF DALLAS ; 9-23-97; 9:40AM; WATER UTILITIES'~ 214 304 3570;# 7/21 'retained by the TTA. 6. The TTA will provide project management during the / relocation and reconstruction of all the utilities. 7. The City shall, at the expense of the TTA, expeditiously stake the proper locations of such utilities and appurtenances being relocated, adjusted, and reconstructed, on the basis of the final ~approved plans. 8. The City is to provide, at all times during the relocation and reconstruction of the utilities, adequate inspectors on the DNT Ph 2, and each relocated ur reconstructed utility shall be inspected by such inspector or inspectors at least once daily, and more often / if such inspections are necessary for prudent installation. During the performance of this Agreement, the City shall furnish an inspector at any reasonable time in the course of a working day, should the TTA or its contractors request one. "Working day" is as defined in Division 1, Item 1.0 of the COG Specifications- 9. The City shall purify the new water lines to be installe~i~ by the TTA and shall conduct such pressure test~ as are necessary after backfilling the utility trenches, all at the expense uf th TTA. 10. ShoUld the City determine that it wishes to change, modify, or enlarge any of the utilities to be adjusted under this Agreement, / it shall reimburse the TTA £0= all ~o~tf incurred over those which the TTA wuuld have paid if such enlargements had not been required. changes, modifications, or 11. The City shall, at least quarterly but no more frequently than monthly, submit itemized invoices for services it has rendered/ under the terms of this Agreement. Such invoics5 shall list the -3- SENT BY:CITY OF DALLAS ; 9-20-97; 9:41AM; WATER UTILITIES~ 214 304 3570;# 8/21 ~mployee; his classification; benefits; the date on which the his rate of remuneration, including service was performed; the time worked; and the type of service performed. Likewise, equipment and material costs shall be identified and invoiced to indicate, among other things, quantities and unit prices of all materials and the time any machinery was used. The original and four (4) copies of said invoices shall be submitted to the TTA at 3015 Raleigh Street, P. O. Box 190369, Dallas, Texas 75219, Attn: James W. Griffin, Project Manager. The City shall maintain complete and accurate cost records for all work performed pursuant to this Agreement. The TTA and its representatives shall be allowed to inspect said records during the City's regular business hours. Unsupported charges will not be considered eligible for reimbursement. 12. Work will not begin on relocation or reconstruction of utilities until such right-of-way as is necessary for any sequence thereof is acquired or a right-of-entry obtained, it being incumbent / upon the TTA to assure that all such installations at all times be within property owned or controlled by the TTA or currently owned or controlled by the City. 13. The TTA will be responsible for costs resulting from City / utility design revisions and relocations necessitated by DNT Ph 2 design changes upon the same terms specified herein. 14. The TTA will not make final payments to the contractors / performing the construction of the utilities until such work has been appreved, in writing, by the City, said approval to be timely given and not unreasonably withheld. 15. The City shall provide such additional funding as may be / necessitated by changes or increases in the quantity of work for its -4- SENT BY:CITY OF DALLAS ; 9-23-97; 8:41AM; WATER UTILITIES---. 214 304 3570;# 9/21 betterment, subject to approval and appropriation by the Council. Likewise, upon completion and final acceptance of any performed hereunder, the TTA shall credit the 'City for decreases in quantities required for all betterment work. 16- The TTA at its expense, appurtenances to approve all such adjustments. The City shall provide accurate location~ of existing appurtenances to be adjusted. 17. .The TTA's contractors shall be responsible and maintenance of all defects due to faulty City work such shall provide on or before completion of DNT Ph 2, vertical adjustments to grade of all the the utilities: the City shall timely inspect and / field for the repair workmanship or materials that appear within a period of one (1) year from the date o£ final completion and acceptance of the work by the City. The above provision shall be made a part of any and all performance bonds that the TTA requires its contractors to provide- The City agrees that if repairs or maintenance are necessary to the work described in this Agreement within one (1) year from the date of final completion and acceptance of the work by the City, the City agrees to. pursue its rights and remedies solely against the contractors retained by the TTA pursuant to paragraph 4 of this Agreement or against the surety under any performance bonds delivered in connection with the work. To that end, the TTA agrees to make the City an additional obliges under any performance and payment bonds it requires its contractors to furnish.. In no event shall the TTA become responsible for making said repairs or maintenance, or for discharging the cost of same. After the one-year period mentioned above, the City shall accept responsibility for all future maintenance of said utilities. -5- SENT BY:CITY OF DALLAS ; 9-23-97; 9:42AM; ffATER UTILITIES~ 18- This Agreement does not in any way create a principal/agent relationship between the parties hereto and under no circumstances shall the City or the TTA be considered as or represent itself to be an agent of the other- 19. This Agreement embodies the entire agreement between the parties and there are no oral or written agreements between the parties or any representations made which are not expressly set forth herein- This Agreement may be amended only by a written instrument executed by the parties hereto. 20. This Agreement shall bind the city, the TTA, and their successors and assigns- EXECUTED this ~. / day city ManageTr/duly 214 304 3570;#10/21 behalf of the City of Dallas by its ~ Jg c tx cou ci eso ution , adopted on /Z 1990, and approved as to form by its City Attorney; and o ehalf Texas Turnpike Authority by its duly authorized officials- , 1990, on authorized by APPROVED AS TO FORM: ANALESLIE MUNCY, City Attorney RICHARD ' ,~ By: (~j By: i tome Ass: tt eSub~ ~pp:ROVED AS TO FORM: TF, XAS (A professional Corporation) CITY O[ DALLAS KNIGHT, JR., City Manager General Counsel, Texas Turnpike Clive Author ity Cha irma n April _3 ,_ 1999 6475G -6- SENT BY:CITY OF DALLAS ; 9-28-97; 9:48AM; WATER UTILITIES~ 214 804 8570;#11/21 ATTESTz HARRY KABLER ECRETARI- ~ REAISURER DATE~ - 7 - SENT BY: C I TY OF DALLAS " S'I~A r]/OF TF,.zCAS i CO LTNTY OF D~kLLAS ; 9-23-97; 9:46AM; .,. SU'PPLE~rENTb, Li WATER UTILITIES--. 214 304 8~70;#16/21 CITY/COUNTy, AG. IgEF~IviENT' i i I: W'H'ER.~tS, the City of Dallas hereinafter called "CLt'y" and the Cou'nty of; Dal.t~, Texas, hereitna. fter c~lec~ "Coun:y." desire to enter into a Supplemental city/County Agreement Ito thei~nterlocal C a~t fo to~. for 443 1 :Red Bird ~e,' all fencing Sp~i~c~.ly reques~d by the Ci~, st~t ~ght foUm afions, sue~t light conduit, six inch (6") i~gaEon conduiB ~d d~d hods, pavemer.t m~Engs, trifle s~gnM conduit ~ connection with the Red fiird ~e Ptoj~No. 9~897 from M~n Sueet to Coc~ell ml ~o~ ~ ~xe Cffy:.of D~ias ~d the County of DM!as; and ~ - '~~AB, Chapte~ '~91 of the Texas Government Code, provid~ authofi orion for ;, ~ .. go~,~mcnts to e0t:tract wj.~:: ueh omer for the pefform~Ce of ~Vem~en~. runeCons ~ scrolls; ~d ; . ~ , ~EAS, fund~g ~for the R~ Bird ~e Proj~t is aUthofi~ by ~ t99I 'County :of T~ ~og BOnd 'Progr~l(; NQW 'I'EEF~,' ~S SUPPLE~,~AI. CH'Y/COU~ AG~EENT i ~y m~e~d enter~ the "City"; and "County" upon and for the mutua,l considerration 1 1 stated herein: SENT BY: C 1TY OF DALLAS '~Jl --51.~-,I.'~.~ , 0~-; --'~rq'| ; 9-23-97; 9:46AM; WATER UTILITIES-. 214 304 3570;#17/21 ,, I ~V I TIN ]~ S.~;.E 'f.H CLt~ t'.ereby r~l~:sts County to provide construction of City owned water and .wastewater imp~bvemen~s; ~in f~nc~ re~iac~m~nu,.tgpsoil ~d tl'~cS Bt t~i Ked Bird L ~, st:~Ct li~ht~g~Udtdo~S; Conduits; ', ~ " J i '. ': , . , , . p~emen~ m~gs in connecUon w{th thc Red Bird L~c PoE ~ ffOn.. ~n S~e~t ~ C~I ~]1 Ro~d r~ . ~; ..,:. in~t~e City oF D~las ~d. County of D~las as s~cLfi~ in "A~chm ~nt A" in an amount not :to exceed II. I ..Ci~y~ aj ~ ~to p~ovid~ ~1 funding, includin8 deliSn, fm ~hc cos. Of the City requestS' items. S'ub~q~nt ~o :C~ u ~ r~cd~ of cons~ction con~ct bids mxd prior to the awed '~f' ' C such oneact, C~u ty O ~ i. j ' I: C~t~ ol th~ io~cost of coast~c~n of C~ty fun~gd kerns a~ det~rmme'~ by me unl, b~d p~ces f~r the City ~n~& quu'fity ~f work ud design cost. City shall 'ee. cumbe: sue~ amount, ~lish ~ e~row a~ount ;d , , aw d of the ~l de~k fuhds ~u~ to the to~ cost of consu~c~on in s~d tccount prior to n~mc 'o~ conh' -, The County will bill the City on a m0nthlj buis ,a~ upon ~tu~ co fi act . ~ · ~orm~ during the month. CRy g ~ to pay ' ' ' '" ' : ' ' m~:~ly bm~g.i: U~on compl.~on of the project, Coumy will ~do.. ~r.~ aCCou'n~Og ~ itemS. ~ th~ ~v~nt that the amount 'p~d by City excc~s tt actu~ cbst, ~e d ff~r wm b~ '~ I ' : ~ , -~: '; ' '~ ~' :3~thcevcnt~ataddltton~mds~e.d~, County wmbia'Citywhoag**~: ~ysu~h x~tt~ to e try , i: coor~i~atiod III. ~ to p,ovid~ ~ater and wast~ water inspection sexyices for ~ the ,Cit~ with the County through County's Dei>aztment of Public 'WorB: · 2 j: Work SENT BY: C I TY OF DALLAS it ; 9-23-97; 9:47AM; IV. WATER UTILITIES~ I 214 004 0570;#18/21 Ci~ !agrees to be . t ' "' ne~, isitated then;by and/or for any increase in quantity of const~ction ffor City ~ s supp].ement,2l ~grce.ment in accordance I it ;.' 6es cif r. he City of D'~.las. LUd ~ordina~-, ~,ith thi Charter Cqu.r.ty hereby a i-e.e.~ to provide for advertisement for bids and iw~rd f contract for conStructf&n on the te.qi3. g ~n i pl~s and specifics. lions, Subjeci to County fu ingpard~".~bation as p:oVid~d in the 11991 Bond Program authorization for this projecT ' , . 'VI. Cc~ul/'.ryr hereby agirees that cons~ructlon will no~ commence until this agreement has been f'dlly executed th~ it ~ndthe~ounty. I' I VII. i ! ' I " ',..."dc/Uhtyheze~y alters that it will not make ~y payment, p,<,gress' ~or final, to the Cont~:aeto peffo ng the ~. . ~-:i ' ' I ' L :' ' City :5~n.decl worI~ Under this Agreement una constructLon has bc r appro ed iri writing by !'. agrees that el1 p~me, nts to the contractor shall t~e based cm meas~recl quantiti~ of fl~e Wo& completed as - , fU~!h~t to the ~ourt~ by the Cffy's authorized representative. VIII. ' L . . . th~ ~r~sU~c[ion.i funding for all chang~ Orders sh~ll be in ~cco~'d ce with' Se, c~ion ~ ' I- . , SENT BY: C I TY OF DALLAS C0d-"t Ocdef No, 96- COUNTY ~F DALLAS ; ; 9-23-97; 9:48AM; WATER UTILITIES--, 214 304 3570;#19/21 The City iof Dallas has executeG fl, i.s Agreement pursuant to duty ~u~odzed resol~tion/n~inutes _. .... ~ ......... i, ~'~d th~ County of D~Jlas executed &i~ Agreement ~ur,u~t to{Com~isston,r$ on this the __ .... Date 4 da.y of. . . ~ , i. . 19. CITY CF DALLAS ~ : [ I ~BY: lehn L.i Wo. rc City M~nager i Date -! APPROvED P S T_O FORM: BY: Assist,~tt City ~ttorney' Datc F ENGINEERING -o7_, P.O. BOX 478 255 PARKWAY BLVD. COPPELL, TX 75019 FAX 140. (972) ~04-3570 DEPARTMENT FAX COVER SHEET FIRM: FAX NO: TRANSMITTED BY-- Id7 NUMBER OF PAGES (INCLUDING COVER PHONE NO.: DATE: [(-,'D/I"~/~7 'riME: S' '.l T e ~' SUE~.~) REMARKS: IF YOU DO NOT RECEIVE ALL OF THe;"" PAGES, PLEASE CALL (972) 304-3679. THE STATE OF TEXAS COUNTY OF DALLAS CITY / COUNTY AGREEMENT WHEREAS, the City of Dallas, Texas hereina~er called "Dallas" and the City of Coppell, Texas, hereinafter called "Coppell", wish to enter into an Agreement for the construction/relocation of Dallas's 30" water main and adjustment of DaHas's existing water appurtenances located within the City limits of the City of Coppert along and parallel to Sandy Lake Road between Denton Tap Road and MacArthur Boulevard; and WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, provides authorization for any local government to contract with one or more local governments to perform governmental functions and services under the terms of said Act; NOW THEREFORE, this Agreement is hereby made and entered into by the Cities of Dallas and Coppell for the mutual consideration stated herein: WITNESSE~: I. Dallas hereby requests Coppert to construct DaHas's new water facilities located along and parallel to Sandy Lake Road between Denton Tap Road and MacArthur Boulevard. Coppell shah also, in connection with such facilities, relocate or adjust its own water and wastewater appurtenances, and provide sidewalks, street lighting facilities and specific traffic control devices for and in conjunction with Coppell's construction of paving and drainage improvements in the City of Coppert on Coppell's Sandy Lake Road Project No. ST 93-02. II. Dallas hereby agrees to provide funding in the estimated amount of ?????? in accordance with Attachment "A", for the cost of design, construction, relocation, adjustment and betterment. Coppell may require Dallas funding to be adjusted subsequent to bid opening, based on bid prices for the quantities of work included in the bid proposal, prior to award of the construction contract. Adjustments in Dallas funding shall be approved by duly authorized supplemental agreement, in accordance with the Charter and ordinances of the City of Dallas. III. Dallas hereby reserves the right to review any or aH of the bid proposals submitted for Dallas's construction due to irregularities, unbalanced bid items, or insufficient funds for awarding. Dallas hereby agrees to provide, through Dallas's Water Utilities Department, inspection and quality control testing for construction of Dallas Water Utilities items in coordination with Coppell, through Coppell's Engineering Department. Dallas hereby agrees to be responsible for approval of all design changes and to provide for any additional funding necessitated thereby, or for any increase in the quantity of Dallas's construction. Coppell hereby agrees to provide for the administration of the construction contract including advertisement for bids and award of contract. VII. Coppert hereby agrees to have Dallas water construction performed as defined by and in accordance with the plans and contract documents, the North Central Texas Council of Governments Standard Specifications for Public Works Construction (Second Edition 1987), as amended, and Dallas Water Utilities Standard Drawings, Details and Appurtenances for Water and Wastewater Pipeline Construction Methods and Dallas Water Utilities Addendum to the Standard Specifications dated July, 1995. VIII. Coppell agrees that it will not make any payment, progress or f'mal, to the construction contractor performing Dallas's water construction under this Agreement until construction has been approved in writing by Dallas. Coppell agrees that aH payments to the construction contractor shall be based on measured quantities of construction completed as furnished to Coppert by DaHas's Water Utilities Department Construction Engineer. Coppell hereby agrees that construction will not commence until this Agreement has been fully executed by Dallas and Coppell. X$ Coppell hereby agrees to immediately advise Dallas of any and all design changes which may occur during construction. XI. Coppert hereby agrees to credit Dallas for any decrease in quantities of construction upon completion and f'mal acceptance of the work by Dallas and to return to Dallas all funds provided but not used for the work under this Agreement. Executed this the __ day of , 1997, by Dallas, signing by and through its City Manager, duly authorized to execute same by Resolution No. adopted by the City Council on , 1997, and by Coppert, pursuant to Resolution No. , adopted by the City Council on , 1997. CITY OF DALLAS JOHN L. WARE, CITY MANAGER CITY OF COPPELL JIM WITT, CITY MANAGER BY: BY: City Manager City Manager APPROVED AS TO FORM: SENT BY:CITY OF DALLAS ; 9-23-97; 19:43AM; STATE OF TEXAS coD~rry OF WHEREAS, the WATER. ~)IC.~T~5--. 214 804 8570;#12/21 ) City of Dallas, Texa6 hereinafter called and the ty of Dell s, Texas hereina£ter called "C 'a,ty" wish a , u , to enter into an Agreeme t for the constructio~of ' vwater 4~ML ~r~-tt~a%-r main/ ~,,a Zd~u~tk~% 9~ Ci~y'S .texisting water and · ;;--~~ .v-Let appurtenances loca ed within the City limitg of the Ci wills th~ t~o OiL/u£ u~llas aria t.e County of Dallas, WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas GoVernment Code, provides authorization for any~ local government to contract with one or more local governments to perform governmental functions and services under'the terms of said Act~ ,.. by City~ Cc~ for the mutual consideration stated herein: into between S~uthc~.. Oaks OculevaL. d and ~. ~"~W shall also, in connection with such facilities, relocate or adjust its water and wastewater appurtenances, and provide sidewalks, street lighting facilities and specific traffic control devices for and in 1 SENT BY:CITY OF DALLAS ; 9-23-97; 9:44AM; WATER UTILITIES~ 214 304 3570;#13/21 conjunction improvements Project No. in the City of ~-~ on ~hn g~u.~t$ -Owe&~h Road 4't;eeeJ'~e t~"~suant to P~o~l~.~ N~c, IX o~ th~ 1377 ~allaa C_u,~ty Tl,vt~ugltfa, e Bona hereby agrees to provide funding in the estimated amount for the cost of ~l..r~27,ts3.¢O, in accordance with Attachment ~;~j construc~~relocation, adJustmen~ and bette~ent. County may re~ire ~fundlng' to be adjusted s~se~ent to bid opening, based on bid prices for the quantities of work included in the bid pro osal, prior to award of the'construction contract. Adjustments in ~y funding shall be approved by duly authorized supplemental a~reement, of Dallas. in accordance with the Charter and ordinances of the City ~ ~/ ~a{~hereby a~rees to provide,'throu~h ~C~l['~ Wate. r Utilities of Dallas W~. Utilities t~ems In coozdlnatlon vl~h Oe~, through' ~,. ?.' ~ hereby agrees to be responsible for approval of all ~si~ changes and to provide for ~y addi~ional ~j~ng necessitated thereby, or for an~ incEease in the ~antity of ~'s constnction- .3.755F 2 SENT BY:CITY OF DALLAS ; 9-28-87; 9:44AM; WATER UTILITIES~ 214 304 3570;#14/21 Coee~,lt G~,r~cy hereby agrees to provide for the administration of the .?,.,.,j;';:l,"';:,;.Z:;",;' 22;;,:2'.' ,;"':;; >;;::;.;:;.;°";;:;;.;;';;:;:.,;:;..;;%"Z;:;. ;::;: ~ond Edition 1987~, as amended, and Dallas Water Utilities Standard Drawings, . Details and Appurtenances for Water and Wastewater Pipeline Construction Methods and Dallas Water Utilities Addendure to the Standard Specification, dated i~'~;~';~ber,; 19'~"a':"'~J,~/ ¢e,,"itlr agrees that it will not make an~/pa nt, progress or finn. l, to the construction contractor performing th~ C~f's rarer -nd w~z%ww~ter construction under this Agr~m/;luntil construction has been approved in writing by the City. ~ount~~ agrees that all payments to the construction contractor shall be bas~~ ~easured a~ties of construction completed as furnished to the Caunty by .?.. ,.....,., ,,, ......?., ,...':'-:' '-_-".,:., ..., · X ,...,, ,,.... ,. .,.,.. ., ,., ..,. ~,fdesign changes vhich may occur during construction. 3 SENT BY:CITY OF DALLAS ; 9-23-97; 9:45AM; WATER UTILI, I,.IES+ 214 304 3570;#15/21 agrees to cred It ~ quantities oS~lT~nstructton the work by the c.*ty and to return to ~ not used for the work under this Agreement. for any decrease in upon competition and final acceptance of all funds provided but 0 1/,o. ' ~-T, signing by and ~hrough its City Manager, duly authorized to _v.~t on .. Februar~ 1 , Jillill 199/. CITY OF DALLAS JOHN L. WARE, City l~anager BY: '~~' · ~W'~-e7 ~sistan~/~i~ Xa~ag CO~IF~Y OF uALIA~ APPROVED AS TO POitM: SAM ~INDSAY, City Attorne~ 4