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ST9304-CN000725T 'H £ '.~ C i~T Y 0 F AGENDA RE-qUEST FORM · * "~~.~ q ~ CITY COUNCIL MEETING: July 25, 2000 ITEM # ITEM CAPTION: Consider approval of a Supplemental City/County Agreement between the City of Coppell and Dallas County providing for the City's portion of funding in the amount of $344,262.00 for Belt Line Road from Denton Tap to MacArthur as funded in the Series 1995A Certificate of Obligation Bonds; and authorizing the City Manager to sign. SUBMITTED BY: TITLE: QDirector of Engineer~_.~ublic Works STAFF COMMEN2'S~. See attached memo. BUDGET AMT. $ AMT. EST. $ +\-BID $ FINANCIAL COMMENTS: Funds for this project have been provided by the 1995A Street CIP. DIR. INITIALS: ~-J FIN. REVIEW: 0I~ CITY MANAGER REVIEW: Agenda Request Form - Revised 5/00 Document Name: #07252 · ' MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Mayor and City Council From: Kenneth M. Griff'm, P.E., Director of Engineering/Public Works V-/ Date: July 25, 2000 RE: Consider approval of a Supplemental City/County Agreement between the City of Coppell and Dallas County providing for the City's portion of funding in the amount of $344,262.00 for Belt Line Road from Denton Tap to MacArthur as funded in the Series 1995A Certificate of Obligation Bonds; and authorizing the City Manager to sign. On May 22, 2000 Dallas County received and opened five bids for the construction of Belt Line Road from Denton Tap to MacArthur. The low bidder was Zachary Construction Corp. in the amount of $6,670,665.82. It is anticipated construction will begin in September 2000 and continue for approximately eighteen months. As part of the construction, the City of Coppell is required to fund portions of the project which are of an amenity, traffic or water utility relocation nature. On this project the items which the City of Coppell will be required to fund are: conduit for future traffic lights or irrigation, pull boxes for traffic lights, foundations for street lighting, pavement markings, traffic buttons, brick pavers, temporary traffic signals, relocating existing traffic signals and adjusting portions of our existing 24" water line. The City of Coppell's cost for those items is $344,262.00. In essence, the City of Coppell is paying approximately 5% of the overall cost on the project. Also, once construction has begun, there will be an agenda item brought forth as a change order to provide for the construction of a permanent traffic signal at the Belt Line/Mockingbird intersection. The permanent traffic signal at the Belt Line/Moore intersection lies within the City of Dallas and they will be absorbing that cost. Also, as with any large construction project, there will be additional change orders to cover the cost of unknown items encountered during the course of construction. Staff recommends the approval of the supplemental City/County Agreement with Dallas County in the amount of $344,262.00. Staff will be available to answer questions at the Council meeting. "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" ' ' ~ q~q~q~ . .d~q ..... ~ - ~ ~ ~ ~ ' '~ ...... ~ '~N ' ' '~ .....  ~ ooooo~8~8~8~8~88~8888~8~888888888888588888858  ~ ] oooo ................................. ~ -~ · '~ '~ · 0 o ~8 ~o ~ ~m~m~ ~ ~mm~u zz ~ . ~ ~ ~o~zzzzzzzzO00O aaa o~< ~ ~ oooo ~ 0 -- ~~~ .... 00 0 ~ z 8 0 -~-~-~'~'~ ~ ' ~ -~ -~ - -~ ........ ~ ~ ~ ~ ~~ ~ ~ ~ o~ o : $888888888888888888888888888~8~8888~8~88888888 0 0 0 ~ ~ ~ o~ ~ ~ ZZZZ ~ ~0 ~ m~zoooo ~<<<<~0~ <~ ~ -000 DO .... -- 18888 8888 8888 18888 8888 ~888 ~ Z0 ~0 ~z z_ u ~~d~ zm ~0 0 Zzz ~ i ~ ~oo ~ o ~~ ~.... 3,=/ COUHTY AUDITOR cou~ o~ ~,tl6 ~ 9 ZOO0 ,o. £ 0 O0 &726 ,.~: AU6 2 9 ZOO0 ~ STATE OF TEXAS ~ COUNTX OF D~w.?.~S ~ BE IT ~EI4~EP,~D, at a regular meeting of the Commissioners Court of Dallas County, Texas, held on the 29th day of August , 2000, on motion made by Jim Jackson, CuL,t~ssioner of District No. 1 , and seconded by Mike Cantrell~ Cc~ssioner of District No. 2 , the following order was adopted: WHEREAS, the matter set forth below was discussed in briefing on August 29, 2000; and WHEREAS, funding for design , right of way acquisition and construction of Belt Line Road from Denton Tap Road to MacArthur Blvd., Project 91-829, in the amount of $7,600,000 to be shared with Sandy Lake Road Project 91-830 improvements, was approved by the voters of Dallas County in the 1991 Bond Transportation Program and improvements include upgrading the 2.2 mile section of Belt Line Road; and w~mRF2%S, bids were received for the project on June 22, 2000, with Zachry Construction Corp. submitting the best and lowest bid in the amount of $6,668,165.82 (total with Partnering Workshop of $6,670,665.82); and w-~.REAS, the City of Coppell has requested items be incorporated into the proposed paving and drainage improvements; and ~REAS, the City of Coppell has approved the attached Supplemental City/County Agreement for $344,262.00; and WHEREAS, the Director of Public Works concurs with the amount of the bid and recommends that a contract be awarded to Zachry Construction Corp. in the amount of $6,670,665.82 and that the County Judge execute the attached Supplemental City/County Agreement. IT IS THEREFOP~ ORDERED, ADJUDGED AND DECREED by the Dallas County Commissioners Court that the County Judge is hereby authorized and directed to execute the aforementioned Supplemental City/CountyAgreement with the City of Coppell and that a construction contract be awarded to Zachry Construction Corp. for the Belt Line Road Project 490-403.1/91-829 in an amount not to exceed $6,670,665.82 to be paid $111,029.03 from Bond Fund 414, Project 91-829 (70112), $2,440,859.32 from Bond Fund 418, Project 91-829 (70112), the remaining $3,774,515.47 to be paid from Bond Fund 424 which is to be sold next month, and $344,262.00 to be reimbursed by the City of Coppell. Judgy Ji~£Jacks~-, ~strict I/ Mike _a el, D~strict zA, / . ~ Wiley P~i/~, District 3 ~en~6t~ A. Ma~fle ,~ridt' ' STATE OF TEXAS § COUNTY OF COPPELL § SUPPLEMENTAL CITY/COUNTY AGREEMENT WHEREAS, the City of Coppell, hereinafter called uCity' and the County of Dallas, Texas, hereinafter called "County', desire to enter into a Supplemental City/County Agreement to the Interlocal Contract for the Implementation of the 1991 Bond Program, approved by Court Order 93- 1295 dated August 3, 1993, to provide for the funding of construction of city-requested items in connection with the Belt Line Road Project No. 91-829 from Denton Tap Road to MacArthur Blvd. in the Cities of Coppell and Dallas and County of Dallas, Texas, (hereinafter called the "Project"); and WHEREAS, Chapter 791 of the Texas Government Code, provides authorization for local governments to contract with each other for the performance of governmental functions and services; and WHEREAS, funding for the Project is authorized by the 1991 County of Dallas Transportation Bond Program. NOW THEREFORE, THIS SUPPLEMENTAL CITY/COUNTY AGREEMENT (hereinafter called the "Agreemem") is hereby made and entered into by the 'City~ and ~County', in consideration of the mutual promises and covenants stated below: Supplemental City/County Agreement Belt Line Road Project No. 91-829 Denton Tap Road to MacArthur Blvd. 1 WITNESSETH I. City hereby requests that County provide for construction of City-requested items in connection with the Project, as'specified in Attachment A, attached hereto and incorporated herein for all purposes. City agrees to participate in the cost of the Project to the extent of the Rems of construction requested by City as described in Attachment A. The mount of City's share of funding for design and construction of the Project shall not exceed Three Hundred Forty-four Thousand Two Hundred Sixty-two and no/hundredths ($344,262.00) Dollars. II. City agrees to provide all fianding, including costs of design, for the City requested items fi.om current revenues ava~able to the City. Subsequent to County receipt of construction contract bids and prior to the award of such contract, County shall notify City of the total cost of construction of City funded items as determined by the unit bid prices for the City-funded quantity of work and design cost. Subject to the not-to-exceed mount stated in Paragraph I above, City shall establish an escrow account and shall deposit funds equal to City's share of the total cost of Project construction in said account prior to the award of the construction contract. County will bill City on a monthly basis, based upon actual City-funded work performed during the month. City agrees to pay such billing within thirty (30) days at~er receipt of the momhly billing. Upon completion of the Project, County will do a final accounting of the cost of City-funded items. In the evem that the amount paid by City exceeds the actual cost, the difference will he remitted to City within thirty (30) days at, er completion of the final accounting. In the event that additional funds are due for City requested items, County Supplemental City/County Agreement Belt Line Road Project 91-829 Denton Tap Road to MacArthur Blvd. 2 w~ bill City in the amount ofthe additional funds; provided, however, that in the event the additional funding required exceeds the not-to-exceed amount stated in Paragraph I above, payment can only be made by City pursuant to supplemental agreement authorized by resolution of the City Council and City shall not be obligated to make payment in excess of the not-to-exceed amount stated above until autho~on is obtained ~om the City Council City agrees to pay such additional funds, if and when authorized, within thirty (30) days after receipt of the billing from County or authorization from the City Council, as applicable. RI. City hereby agrees to provide water and wastewater inspection services for the City-funded work in coordination with the County through County's Department of Public Works. IV. City agrees to be responsible for approval of all design changes and to provide for any additional funding necessitated thereby or for any increase in quantity of construction for City-funded work. Adjustments in City funding shall be approved by duly authorized supplemental agreement in accordance with the Charter and ordinances of the City of Coppell. V. County hereby agrees to provide for advertisement for bids and award of contract for construction on the Project and to provide for contract admini~ration, construction inspection and materi__al-q testing in accordance with the approved plans and specifications, subject to County funding participation as provided in the 1991 Bond Program authorization for this Project. Supplemental City/County Agreement Belt Line Road Project 91-829 Denton Tap Road to MacArthur Blvd. 3 VII County hereby agrees that construction will not commence until this Agreement has been fully executed by the City and the County. VII. County hereby agrees that it will not make any payment, progress or final, to the contractor performing the City-funded work under this Agreement until construction has been approved in writing by the City. County agrees that all payments to the contractor shall he based on measured quantifies of the Work completed, as furnished to the County by the City's authorized inspector/representative. VIII. County hereby agrees to provide all right-of-way within the City of Dalla.q for construction of the Project and the Work. City hereby agrees to provide all right-of-way within the City of Coppell for construction of the Project and the Work. IX. County hereby agrees to advise City of all design changes and construction change orders occurring during the construction. Funding for all change orders shall be in accordance with Section IV through VII of this Agreement. X. This Agreement shall be expressly subject to the County's Sovereign Immunity 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 and all matters pertinent thereto shall be Supplemental City/County Agreement Belt Line Road Project 91-829 Denton Tap Road to MaeArthur Blvd. 4 construed and enforced in accordance with the laws of the State of Texas and venue shall lie exclusively in Dallas County, Texas. XI. City and County agree and acknowledge that each entity is not an agent of either of the other entity and that each entity is respons~le in accordance with the laws of the State of Texas for its own acts, forbearance, negligence and deeds, and for those of its officers, agents or employees in conjunction with the performance of work covered under this Agreement. XII. The Effective Date of this Agreement shall be the latest date it is executed by one of the parties. Reference to the date of execution shall mean the Effective Date. XIII. This Agreement may be executed in multiple counterparts, each of which shall be deemed an o 'ng/ml, but all of which shall constitute one and the same insmanent. XIV. In the event that one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein, and all other provisions of this Agreement shall remain in full force and effect. XIII. This Agreement embodies the complete agreement of the parties, superseding all oral or written Supplemental City/County Agreement Belt Line Road Project 91-829 Denton Tap Road to MacArthur Blvd. 5 p~vious and contemporary agreements between the parties and relating to matters in this Agreement and, except as otherwise provided herein, cannot be modified without written supplemental agreement of the parties to be attached hereto and made a part of this Agreement. Executed as of the Effective Date. COUNTY OF DALLAS C_~~ BY: L~e ~.'/.~. l~itt y lty l~anager Date ; Date APPROVED AS TO FORM: APPROVED AS TO FORM: Supplemental City/County Belt Line Road Project 91-829 Denton Tap Road to MacArthur Blvd. 6 A TTA C~ A BELT LINE ROAD PROJECT 91-829 (Denton Tap Road to MacArthur Boulevard) EXPENDITURES PAVING/DRAINAGE CONSTRUCTION $6,670,666 CONTINGENC~F.S $ 176,450 ROW ACQUISITION $ 10,000 DESIGN + AD~STRATIVE COSTS $ 502,988 CONSTRUCTION MATERIALS TESTING $ 66,706 TOTAL PROJECT COSTS $7,426,810 PLUS EST SANDY LAKE 91-830 (ADM~N, DESIGN, PROJ TRANSFERS) $ 536,188 PLUS SANDY LAKE BRIDGE 91-838 (FROM 91-830) $ 482,501 TOTAL ESTIMATED COST $8,445,499 DALLAS COUNTY AUTHORIZATION AND OTHER FUNDING DALLAS COUNTY FUND 481-829 $6,100,000 DALLAS COUNTY FUND 418-830 $1,500,000 DALLAS COUNTY FUND 490-403 $ 501,237 CITY REQUESTED ITEMS* CITY OF COPPELL ITEMS $344,262 SUBTOTAL CITY ITEMS $ 344,262 TOTAL PROJECT FUNDING $8,445,499 *ITEMS MORE PARTICULARLY DESCRIBED IN DALLAS COUNTY BID PROPOSAL #2000-175-534 BELT LINE ROAD PROJECT 91-829 (DENTON TAP RD. TO MACARTHUR BLVD.) CITY REQUESTED ITEMS CITY OF DALLAS/CITY OF COPPELL 618 CONDUIT (2")(PVC)(SCHED 40) 618 CONDUIT (3')(PVC)(SCHED 40) 618 CONDUIT (4")(PVC)(SCHED 40) 618 CONDUIT (8")(PVC)(SCHED 40) 624 PULL BOXES 656 FOUNDATIONS FOR ILLUMINATION POLES 666 THERMOPLASTIC PVMT. MARKINGS (24")(TY 1) 666 THERMOPLASTIC PVMT. MARKINGS (18")(TY I) 668 PREFAB. PVMT. MKNGS. (SYMBOL)(WHrrE) 668 PREFAB. PVMT. MKNGS. (LEGEND)(WHITE) 672 TRAFFIC BUTTONS (4")(W) 672 TRAFFIC BUTTONS (4")(I-W-C) 672 JIGGLE BAR TILES (I-W-C) 5899 PAVERS (BRICK) BASED ON THE APPROXIMATE PROJECT STATIONS OF THE CORPORATE LIMIT LINES THE ABOVE ITEMS WILL BE DISTRIBUTED: CITY OF DALLAS - 57%, CITY OF COPPELL - 43% CITY OF DALLAS 681 TEMP. TRAFFIC SIGNALS FOR CONST. (INTERSECTION) - 1 CITY OF COPPELL 681 TEMP. TRAFFIC SIGNALS FOR CONST. (INTERSECTION) - 2 686 RELOCATE TRAFFIC SIGNAL POLES W. 1 ADJUST 24" WATER LINE W.2 FITTINGS W.3 CONC. ENCASEMENT W.4 CONNECT PROP. 24" WATER LINE TO EX. 24" WATER LINE Coppell. Texas 75019 The City With A Beautiful Future 972-462-0022 /L__../ PO. Box 478 COPPELL, TEXAS 75019 July 27, 2000 John Mears, P.E. Dallas County Public Works 411 Elm Street Dallas, Texas 75202 RE: Belt Line Road Project # 91-829 (between MacArthur Blvd. and Denton Tap Road) City of Coppell Project # ST 93-04 Dear Mr. Mears: Attached are three originals of the Supplemental City/County Agreement between the City of Coppell and Dallas County approved at the council meeting on July 25, 2000. Please process this agreement for signatures and return one original to me. If you should have any questions please feel fi'ee to contact me at 972/304- 3686. Sincerely Kenneth M Gri , P.E. Director of Engineering and Public Works