Loading...
ST9302-CS 980416SENT BY: CITY OF DALLAS 949 4599 ~:¢OP~ ; ~ATER UTILI.!tT~S~ 214 304 3570;# 1/ 7 TO: NAME: .._ COMPANY: FAX NO.: FAX TRANSMITTAL MEMO NO. OF FROM: A cl~y utifl~y providing Oallas with water pu~iltcalion and dislribullen, wa,~e water c, oltec~gm and tmmment iii iii iii 'i ~ [ SENT BY:CITY OF DALLAS ; 4-16-~8 ; 3:41P~ ; WATI~ UTILITIES-~ 214 304 3570;# 2/ 7 STATE OFTEXAS § COUNTY OFDALLAS § ~l~BI23CAL AGREEMENT Th/s Asreem~ is made by and between, the City of Coppdl, Texas, a municipal corporation, ("Coppell") and tl~ City of Dallas. T~x., WHEREAS, Cop~ ~d ~ns~c~o~rcl~on I~ ~ t~ ~ ~t~t T~ along corporation, ('*Dallas"). enter into an A~'eement for ~o ofD~' ~r appu~~ to S~ ~ R~d b~ ~e, and or more local and Copp~ for thc ~.Citic$ of Dallas Dallas hes~ requests and Coppell and/or adjust pursuant to thc terms of this Agreement new sootions of water facilities for Dallas (hereimOrler referred Io ~/he "Project"), as specified in Article V - Payment Provision and Work Responsibilities. Coppell shall also, in connection with the Project, relocate or adjust its own water and wastewater appurtenances, and provide sidewalks, street lighting facilitiea and specific traffic control devices for and in conjunction Page 1 of 6 ; 4-16-88 ; 8:42PM ; WATER UTILITIES-. 214 304 3§70;# 3/ 7 with Coppell's construction of paving and drai.a8¢ Lumprovemeuta iu the City of Coppel{ on Coppel{'s Sandy Lake Road Project No. ST 93-02 IL PRO~.,C~ IrlJND~G Coppdl will authorize porformance of only those Proj~t itcaxs of work which Dallas has requested and ha~ agreed to pay for as described in Article V - Payment Provision and Work Responsibilities. This asreement may b~ · _m__'Otu~ · by either of the other If the obligations set forth Dallas will be behalf of Dalh~ Co{ deposited into, and retained V. PAYMENT Coppell will be responsible for the provided by Dallas will be RII,~PoNsmlUTIES and improvements due to thc widening of Sandy lake Road flora two lane to four lane roadway facility within tho limits Eom Demon Tap Road to MacArthur Boulevard. Dallas will be respondble for the funding, construction inspeotioa, and desil/n of' any field changes required :[br the water improvements as described in gellera] above, arid aa described in Pa&e 2 of 6 SENT BY:CITY OF DALLAS ; 4-16-~8 ; 3:44PM ; WATER UTILITIES- 214 304 3570;# 4/ 7 particular in Dallas Wate~ Utilities ("DWLr~ File Number 685W.678A, which comprisea the deaign plans for DWU Contract Num~ 97-477F: 30" Water Relocation in Sandy ]~ake Road ~rom Denton Tap Road to MacArthur l~oulevard, Upon final execution of ~ alp'eem~L Dallas will remit a cheek or wm'raat made payable to Coppeil in the amount of $1,300,000.00. In the eveat it is determined that the fundi~ provided by Dallas will be insufficient to cover Coppcll's cost for performance of Dallaz' requoted work, Dalla~g will pay to Coppeli tho 'additional days r to cover the anticipated additional of additiomd funding needed D~llas thc funds to Coppell that Coppel] to completion of. Dallas 'rcscrvcs or insufficient thnds for awar~, or for any R! proposals submitted to Coppoll ~J due to irregularities, unbalanc~ h_~jd~te~s, ' / 'VII. QUALITY ASSURANCE Dallas hereby agr/to~ provide inapootion and quality assurance te~ng for construction of I)allas Department. Water Ufili~ items / / in coordination with Coppell, through Coppoll'~ Engineering Page 3 of 6 IllI il ii -='fi' '1 SENT BY:CITY OF DALLAS ; 4-16-88 ; 3:45PM ; WATER UTILI6ES-. 214 304 3~570;# ~/ 7 VIIL D~.81GN CHANGF.~ Dallas hereby agrees to be n~onsibl~ for approval of all design chnnges, including design ct' field changes For the Project. and to provide for any additional funding necessitated thereby, or for any increase in thc quantity of work requested by Dallas under the Projeot. fX. CONTi, L4,L'I' ADMINISTRATION Coppell hereby a~ccs to the construction contract Xe Coppell Dali{ Pipeline Corn dated July 5, 1995. ofthe initial project and adtninistration of nward of contract. as defined by and in 1987), am and and 'Wastewater Specifications Coppell agrees that it will progress or final, to the construction contractor performing thc Project construction has been approved in writing by Dailns. Coppell agree~ that all payments to the construction contractor shall be based on monthly estimates ol'coastraction completed as furnished to Coppall by Dallas's Wate,- Utilities Department Project Manager= Pn~c 4 of 6 'lilt ill i ti[ ii ]'B SF.J~IT Ry :CITY OF DAI. I~S ; 4-16-98 ; O:47P~I © ; ~ATI~ UTILI.~S~ 214 304 3§70;# 6/ 7 XIL COMMI~NCIgMFd~ Coppell hereby a~rees that the Project construction will not commence until this Agr~mont has b~n fully executed by Dallas and Coppeil. XIII. CHANGE ORDF.,RS Coppell hereby agrees to immediately advise Dallas of any and nil potential design changes · and comtruction change ordors which may occur during cons~ction. Funding for all change orders ahall bo in aooorchmce with Coppelland employee ofthe ofi~ that is not an agorot, ~rvant or deeds and for those and ~hall thc lnst of the partie,~ ~in, This Agrccment or mmxled parties hereto. of the and may not be modified to this Agreement and signed by tl~ XYII. ILA VENUfl; This Agreement shall be governed by and construed in ac, cordnnce with the statutes and law of the State of Tatars. Exclu~ve venue for any legal action arising from or regarding this Agreement shall be in Dallas County, Text. Page 5 of 6 SENT BY: C i TY OF DALLAS ; 4-16-I~8 ; 3: 481:~ WA~.,UTILITIES-~/~ 3,570;# 7/ 7 Executed this the day of ,,, ,1998, by Oailt9, aisnial~ by ami throul~ it~ City Manager, duly tathorized to execute ~ame by Resolmion No. adopted by the City Council on ,1998, and by CoppelL pursuant to Re~olution No. ., adopted by the City Council on ,1998. CITY OF DALLAS JOHN L. WARE, CITV MANAGgR BY: City APPROVED AS TO Ciey Attorney BY: C APPROVED AS Pa~e 6 of 6