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ST9302-CS 980313 (3)MEM ORANDU II [~lllllll I I~1[11 I Ill 111111lll ill II I I II fl Date: To: From: Subject: March 13, 1998 Ken Griffin, Assistant City M;inager Curtis Snow, Interim Interiocal Agreement Revisions for Sandy Lake Attached is: · The original agreement as marked up by Jun Battold, DWU; · Another copy of the same agreement with Jun's hand written comments incorporated into the Agreement; · The agreement handed to us by Jun at the March 11 meeting between Dallas and the State; · The Dallas/State agreement converted to Coppell/Dallas with mark ups that make the agreement relevant to our purposes; and · My recommended agreement which is the Coppell/Dallas agreement mentioned immediately above, that is cleaned up. COUNTY: Dallas CS J: 019S.0b019 PROJEC~ :STP 97($$8)MM HIGHW&Y: ,.H~~ (LP 3$4) ~ Walnut ltm Lane To: Royal Lane ADVANCE FUNDING AGREEMENT BETWEEN THE STATE OF TEXAS AND DALLAS WATER UTILITIES THE STATE OF TEXAS THE COUNTY OF TRAVIS TI-lIN AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of Transportation, hereinafter called the State, and the City of Dallas acting by and through Dallas. Water Utilities designated officials, hereinafter called the Outside Entity. WITNESSETH WHEREAS, Transportation Code §201 et.seq, and Transportation Code §221.001 authorize the State to lay out, construct, maintain, and operate a system of strects, roads, and highways that comprise the State Highway System; and, ~rI:IEREAS, Commission Minute Order Number 85094 authorizes the complete highway improVenmnts on its system, requested and totally funded by others, generally described as water and wastewaterutility relocations and improvements along Harry Hines Blvd. (Loop 354) within the limits from: Walnut Hill Lane to: Royal Lane; and, WHEREAS, the Outside Entity has requested that the State allow the Outside Entity to participate in said improvement by incorporating its proposed water and wastewater utility plans into the State's construction plans, and by providing the funding, construction inspection, and design of any field changes required for these improvements generally described as Harry Hines Blvd. (Loop 354) CS J: 0196-06-019, hereinafter called the "Project"; and, WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State. NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the State and the Outside Entity ~gree as follows: Page 1 of 5 COUNTY: Dallas CS J: 0196-06-019 PROJECT:. STP ARTICLE 1. TIME PERIOD COVERED This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the Outside Entity consider it to be,in full force and effect until the Project described herein'has been completed and accopted by nil parties or unless terminated as hereinafter provided. The State will authorize performance of only those Pwject items of work which the Outside Entity has requested and has agreed to pay for as described in Payment Provision and Work Responsiblities, Attachment A, which is attached to and made a part.of this conUacL In addition to identifying those items of work paid ~r by payments to the State, Payment Provision and Work Responsibilities, ii~i~so specifies those Project items of work that are the responsibility of the Ou~~fit~ a~t~-~ill be carried out and completed by the Outside Entity at no cost to the State. ARTICLE 3. TERMINATION This agreement may be terminated in the following manner:.. mutual written agreement and consent of both parties by either party upon the failure of the other party to fulfill the obligations set forth herein by the State if it determines that completion of the Project is not in the best interest of the State If the contract is terminated in accordance with the above provisions, the Outside Entity will be responsible for the payment of Project costs incurred by the State on behalf of the Outside Entity up to the time of termination. ARTICLE 4. RIGHT OF ACCESS ff the Outside Entity is the owner of any part of the Project site, the Outside Entity shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. The Outside Entity will provide for all neces.~uy fight-of-way and utility adjustments needed for the performance of the work on site not owned or to be acquired by the State. Ill I ~:l I~ HI' [,[ [ t~ r ] Pag~ 2 of 5 COUNTY: Dallas CS J: 0196-06-019 PROJECT~: STP 97($58)MM ARTICLE ~. RF, SPONSIBILmF, S OF THE PARTIES Thc Outside Entity acknowledges that while it is not an agent, servant, nor employee of the ,,..,/State, it is responsible for its own acts and deeds and for those of its agents or employees during the performance of the work on the Project. ARTICLE 6. SOLE AGREEMENT In thc event the terms of thc agreement are in conflict with the provisions of any other existing agreements between the Outside Entity and the State, the latest agreement shall take precedence over the other agreements. ARTICLE 7. SUCCESSORS AND ASSIGNS The State and the Outside Entity each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. ARTICLE 8. AMENDMEN'I~ By mutual written consent of the parties, the .scope of work and payment provisions of this contract may be amended prior to the expiration of this contract. ARTICLE 9. INTEREST The State will not pay interest on funds provided by the Outside Entity. Funds provided by the ! Outside Entity will be deposited into, and'retained in, the State Treasury. ARTICLE 10. INSPECTION AND CONDUCT OF WORK Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect aH work performed hereunder and provide such engineering inspection and testing services as may be r~uired to ensure that the construction is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this Page 3 of 5 COUNTY: Dallas ~: 01~19 PROJECT: STP 9T(5~8)MM contract, all work will be performed in accordance with the "$~ $pecAfications for Construction and Maintenance of Highways, Streets, and Bridges" adopted by the State and 'incorporated herein by reference, or special specifications approved by the State. In thc event it is determined that the funding provided by the Outside Entity will be insufficient to cover the State's cost for performance of the Outside Entity's requested work, the Outside Entity will pay to the State the additional funding necessary to cover the anticipated additional cost. The State shall send the Outside Entity a written notification stating the amount of additional funding needed and stating thc reasons for thc needed additional funds. The Outside Entity shall pay the funds to the State within 60 days of the written notification, unless otherwise agreed to by all parties to this agreement. In thc event that the amount of money Outside Entity has submitted to the State is not entirely utilized, the State shall return all funds not expended to Outside Entity subsequent to completion of the construction. If the Outside Entity cannot pay the additional funds, this contract shall be mutually terminated in .accord with Article 3 - Termination. If this is a fixed price agreement as specified in Attachment A, Payment Provision and Work Responsibilities, this provision shall only apply in thc event changed site conditions are discovered or as mutually agreed upon by the State and the Outside Entity. ARTICLE 12. SIGNATORY WARRANTY The signatories to this agreement Warrant that each has thc authority to enter into this agreement on behalf of thc organization they represent. Page 4 of $ COUNTY: Dallas csj: PROJECT ~ STP ~'/($S8)MM IN WITNESS WtlEREOF, THE STATE AND THE OUTSIDE ENIITY have executed duplicate counterparts to effectuate this agreement. THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the Texas Transportation Commission under the authority of Minute Order 100002.. B~~ Date Director, General Services Division rile otrrsm . rrrrY Name of the Outside E~W/a~r utilities By John L. Ware ~o City Manager Date Aoproved as to form: For the purpose of this agreement, the addresses of record for each party shall be: For the Outside Entity: For the Texas Department of Transportation: Mr. Brian H. Cowan, P.E. Development Services 320 E. Jefferson, Room 218 Dallas, Texas 75203 Mr. Jay Nelson, P.E. Dallas District Engineer P.O. Box 3067 Dallas, Texas 75221-3067 Page $ of 5 COUNTY: Dallas CS J: 0196-06-019 PROJECT: STP 97(.~8)MM PAYMENT PROVISION AND WORK RESPONSIBIIATIES Description of the Cost of the Items of Work The State will be responsible for the water relocation and improvements due to the widening of Harry Hines Blvd. (Loop 354) from a four lane to a six lane roadway facility within the limits from: Walnut Hill Lane to: Royal Lane. The Outside Entity will be responsible for the funding, construction inspection, and design of any field changes required for these improvements as described above. The Outside' Entity's estimated cost for the projec, t is $5,966,036.00. The Outside Entity will furnish monthly cost estimates. In the event it is detemfined that the funding provided by the Outside Entity will ..be insufficient to cover the State's cost for the construction of the Project, the Outside Entity will within 60 days from the receipt of the State's written notification .provide the additional funding to cover the State's anticipated additional costs. Upon final execution of this agreement, and at least 30 days prior to the letting date, the Outside Entity will remit a check or warrant made payable to the Texas Depamnent of Transportation in the amount of $5,966,036.00 to be used in payment for the proposed work required by the Outside Entity. © © INTERLOCAL AGREEMENT (Recommended) BETWEEN T~ CITY OF COPPELL AND ~ CITY OF DALLAS T~s a.r/~~, mad~betwee~I)all~ "D1 ' ' e' · Whereas Dallas/and the,Coppell~wish to enter into an Anx~-ment for' the construction/relocation of Dallas's 30" water main and adjustment of Dallas's existing water appurtenances located within the City limits of the City of Coppell 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 the Act~ Now Therefore, this Agreement is hereby made and entered into by the Cities of Dallas and Coppell for the mutual consideration stated herein: .... ~ ....... ~/'~ ..... ~'~h terminated as hereinai~er provided. ARTICLE 2. PROJECT FUNDING Coppell will authorize performance of only those Project items of work which Dallas has requested and has agreed to pay for as described in Payment Provision and Work 'Responsibilities, Attachment A, which is attached to and made a part of this contract. In addition to identifying those items of work paid for by payments to Coppell, Payment Provision and Work Responsibilities, Attachment A, also specifies those Project items of work that are the responsibility of Dallas and will be carried out and completed by Dallas and no cost to Coppell. 3. TERMINATION This Ag~y be terminated in the following manner: · mutual written a~and consent of both parties · by either party upon the f~the other party to fulfill the obligations set forth herein If the contract is terminated in_accordance wi.~,,~.abo., ve provisions,Dailas will be I ' the time of termination. ~" '1 il III I,/ il 1' :! hereunder and provide such engineering inspection and testing services as may be required to ensure that the construction is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of Coppell. Unle~ otherwise specifically stated in Attac~ent A to this contract, all work will be performed 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. adopted bl Coppell and incorporated herein by reference, or special specifications approved by Coppell. ARTICLE 9. COSTS In the event it ;- ' ~em~od that the funding provided by Dallas will be insufficient t, c,-- '~ I for performance of Dallas's requested work, Dallas will pay Col ~ell the a~-~h'-~nm~g necessary to cover the anticipated additional cost. Coppell shill send Dallas a written notification stating the amount of additional funding needed and stating reasons for the needed additional funds. Dallas shall pay the funds to Coppell within 60 days of written notification, unless otherwise agreed to by all parties to this Agreement. In the event that the amount of money Dallas has submitted to Coppell iz not entirely utilized, Coppell shall return all funds not expended to Dallas subsequent to completion of construction. If this is a fixed price agreement as specified in Attachment © A, Payment Provision and Work Responsibilities, this provision shall only apply in the event changed site conditions are discovered or as mutually agreed upon by Coppell and Dallas. ARTICLE 10. SIGNATORY WARRANT The signatories to this ~ent warrant that each has the authority to enter into this agreement on behalf of the organization they represent. , ATTACHMENT A PAYMENT PROVISION AND WORK RESPONSIBILITIES DESCRIPTION OF THE COST OF THE ITEMS OF WORK Col~pell will be re~'~sible for the water relocation and improvements due to the Denton Tap to MacArth . ~las will be~'~sible for the fundjr.~, ~-'-~2.:,~- ~ :_~_~.xmd design of any Dallas's estimated cost for the Project is $ Dallas will ~ monthly. cost estimates. E OFeP,,~N~xYMENT execu ion of fl~greement, ~ 30 days prior ~~~ing date, check or w-~nt ma~e payable ~e City offoppell in ~kamoUnt of 17:0~ CITY OF COPPELL ENGINEERING a CITY OF COPPELL N0.985 OCtO~ 27, 1997 VX& ~ ~ Ii,iL Ken Orif£~n, P.E., City Engineer Thru: HaBid Baha, P.O. Box 478 ActingProjeotHanager 255 parkway Boulevard Coppell, Texas 75019 Re: Interiocai 7~ree~ent for Sandy Lake. Road Dear Hr. Gri££1n: #a have reviewed the draft oft he XLA£orChe Sandy Laka project am provided by your o££ice on october 15, 1997, a copy o£ Which is attached. We are subnittinq the following revisions £or your consideration: For Section II, we propose the following wordings: "Dallas agrees to provide all funding ~or ~h.e co~t o£ requested items. Subsequent.? copp~.ll_rec~ipt o.rc0.ns~_r~_~? contract bids and prior to cna avara or such oon~J:&c~0 shall notify Dallas of th® to,al cost of construction of funded items as determined by thee unl=un~t bid prices far,he D!'~llas bsta~L~h an ep~rOW accc~n~ ahd~ha11 ~6pos~t'~n~s _e_~ total/cost o~/construc~on in piid ac96unt p~or to J~e awar~o~ da on completion cE ~he project, coppell will do a final accounting of ~he cost of Dallas funded items, In the avant,hat the amount paid by Dallas exceeds the actual cost, the difference Will be remitted to Dallas, In the event that additional funds are due, Coppell will bill Dallas who agrees to pay such funds within~hirty (30) days ,f receipt of such billing, ~or.Section IV, replace the word "control" with "assuF&nc~·, aS i/ ~ndlcated on the attached copy of the draft. / FOr Section VI, insert the phrase ·design of the projectand·, as indica~ed on the attached draft. · Water UtmUes Oeeerbuoat Developmen~ Set,cos · 32O E. ~e~, P~ 2~8 · Debs, Texas 7S203 · 214 / 940-4~90 17:04 C I TY DF COPPELL ENG ! NEER I NG -+ C I TY OF COPPELL NO. ~85 Ken Grif£1n For Section VZX!, replace ~he title -construction Engineer' with .pro~ec~ Manager#, as indicated on ~he dra£t. For Section X, in. err ~h. phr-.- '~ co~~ion o~" ord~s'; and add ~e ~enten~ '~~ for all ~e · s~ll ~ in aoco~nce wl~ S~ion VII t~~ IX.'. please send us a revised dra£t as soon es possible £or our attorney's reviee. we appreciate your continuing support regarding this Ba~ter. Feel free to call Be a~ 948-4591 if you have any quoetion~. Sincerely, Pro~ect Engineer Services/ Relocations j. Milstead File BE This "Dal wate. pal'al YWEEN ~ CITY OF COPPELL AND ~ CI~ OF DALLAS agreement is made by and between the City of Dallas, Texas hereinafter called d~,~ ~off,.ll i,,.,f,,z'~. Las" and the City of Coppell, hereinafter called "Coppell." Witnesseth reas Dallas and the C0ppell, wish to enter into an Agreement for the ruction/relocation of Dallas's 30" water main and adjustment ofDallas's existin~ appurtenances located within the City limits of the City of Coppell along and el to Sandy Lake Road between Denton Tap Road and MacArthur Boulevard: ar Whereas, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Cod, provides authorization for any local government to contract with one or more local governments to perform governmental functions and services under the terms of the ct: Now Therefore, this Agreement is hereby made and entered into by the Cities of Dallas and Coppell for the mutual consideration stated herein: ARTICLE 1. TIME PERIOD COVERED This agreement becomes effective when signed by the last party who~ signing makes the agreement fully executed, and Dallas and Coppell consider it to be in full force and effect until the Project described herein has been completed and accepted by all parties of unless terminated as hereinafter provided. © ARTICLE 2. PROSECT FUNDING Coppell will authorize performance of only those Project items of work which Dallas has requested and has agreed to pay for as described in Payment Provision and Work Responsibilities, Attachment A, which is attached to and made a part of this contract. addition to identifying those items of work paid for by payments to Coppell, Payment Provision and Work Responsibilities, Attachment A, also ~ifies those Project item~ work that are the responsibility of Dallas and will be carried out and completed by Da and no cost to COppell. ARTICLE 3. TERMINATION This Agreement may be terminated in the following manner: · mumai written agreement and consent of both parties · by either party upon the failure of the other party to fulfill the obligations set fortl herein If the contract is terminated in accordance with the above provisions, Dallas will be / responsible for the payment of Project costs incurred by CoPl~ll on behalf of Dalias UP the time of termination. In of to I ill I[ I I{ ARTICLE ~$-d~. RESPONSIBILITIES OF THE PARTIES Dallas acknowledges that while it is not an agent, servant nor employee of Coppell, it responsible for its own acts and deeds and for those of its agentz or employees during performance of the work on the Project. ARTICLE ~ ~. SUCCESSORS AND ASSIGNS Coppell and Dallas each binds itself, its successors, executors, assignz, and adminism to the other party to this Agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. ARTICLE 8 6. AMENDMENTS By mutual written consent of the parties, the scope of work and payment provisions o this contract may be amended prior to the expiration of this contract. [1 is the ors ARTICLE 9 7. INTEREST Coppell will not pay interest on funds provided by Dallas. be deposited into, and retained in a Project escrow account. Funds provided by Dallas will ARTICLE ~ 8. INSPECTION AND CONDUCT OF WORK Unless other, vise specifically stated in Attachment A, Payment Provision and Work Responsibilities, to this contract, Coppell will supervise and inspect all work perfonn~ hereunder and provide Such engineering inspection and testing services as may be required to ensure that the construction is accomplished in accordance with the appro~ plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of Coppell. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in Council of Governments Standard Sp~ific. afions for Public Works Construction (Se~ Edition 1987]. as amended, and Dallas Water Utilities Standard Drawin_~s. D~tails ant Appurtenances for Water and Wastewater Pipeline Construction Method~ and Dallas Water Utilities Addendum to the Standard Specifications dated July. 1995. adopted b.~ Coppell and incorporated herein by reference, or _special specifications approved by d md ARTICLE ~4. 9 COSTS In the event it is determined that the funding provided by Dallas will be insufficient to cover Coppell's cost for performance of Dallas's requested work, Dallas will pay Cop ~ell the additional funding necessary to cover the anticipated additional cost. Coppell sha~ send Dallas a written notification stating the amount of additional funding needed anl stating reasons for the needed additional funds. Dallas shall pay the funds to Coppell within 60 days of written notification, unless otherwise agreed to by all parties to this Agreement. In the event that the amount of money Dallas has submitted to Coppell is Dot entirely utilized, Coppell shall return all funds not expended to Dallas subsequent to completion of construction agreement as specified in Attachment A, Payment Provision and Work Responsibilitic this provision shall only apply in the event changed site conditions are discovered or s mutually agreed upon by Coppell and Dallas. ARTICLE ~-~. 10 SIGNATORY WARRANT The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the organization they represent. ATTAC~NT A PAYMENT PROVISION AND WORK RESPONSIBILITIES DESCRIPTION OF THE COST OF THE ITEMS OF WORK Coppell will be responsible for the water relocation and improvements due to the widening of Sandy Lake Road from a two lane to a four lane roadway facility from Denton Tap to MacArthur Boulevard. Dallas will be responsible for the funding, construction inspection, and design of any filed changes required for these improvements as described above. Dallas's estimated cost for the Project is $ cost estimates. Dallas will furnish monthl SCHEDULE OF PAYMENT Upon final execution of this agreement, and at least 30 days prior to the letting date, Dallas will remit a check or warrant made payable to the City of Coppell in the amo~ t of $ to be used in payment for the proposed work required by Dallas INTERLOCAL AGREEMENT Whereas the City of Dallas, Texas hereinafter called "Dallas" and the City of Coppe[. Texas, hereinafter called "Coppell', wish to enter into an A~ent for the construction/relOCation of Dallas's 30" water main and adjusUnent ofDallas's existin water appurtenances located within the City limits of the City of Coppell along and parallel to Sandy Lake Road between Denton Tap Road and MacArthur Boulevard: Whereas, the InterlOCal Cooperation Act, Chapter 791 of the Texas Government Cod~ ;, provides authorization for any local government to contract with one or more local governments to perform governmental functions and services under the terms of the ,a,ct: Now Therefore, this Agreement is hereby made and entered into by the Cities of Dali as and Coppell for the mutual consideration stated herein: WITNESSETH I. Dallas hereby requests Coppell to construct pursuant to the t~s of this ~ent Dallas's new water facilities 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; ~n conjunction with Coppell's construction of paving and drainage improvements in the !City of Coppell on Coppell's Sandy Lake Road ProjeCt No. ST 93-02. II. Dallas hereby agrees to provide all funding :-. °~' --'~--A°-n ......· ~# en ,:t~n turn ;,, aeeerdaaee. ;;-/~ P..~.ae?~'-..~t "A", for the cost of construction, relocations, adjustment betterment of certain improvements described hst, sin in accordance with ~ Resoonsibilitv and Work Rest~onsibilifies. Attachment A. t'~"'~'~'~'l! ........ -'--- T~lln, and (New Paragraph) Coppell will authorize performance of only those Project items of work which Dallas requested and has agraed to pay for aa described in Payment Proviaion~ and Work Responsibilities. Attachment A. which is attached to and made a hart of this contract. In addition to identifying those items of work paid for by payments .to Coppell. Pa_wnent Provision and Work Resoonsibilities. Attachment A, also sm:cities those Proiect item~, work that are the r~_ nsibili _ty of Dallas and will be carded out and COmnleted bv D~ of at no cost to Coppell. III. Dallas hereby reserves the right to review any or all of the bid p~ submitted fo~ Dallas's construction and to reject the s~e due to irregularities, unbalanced bid iten~ insufficient funds for awarding or for any other reason. or Dallas hereby agrees to provide, through Dallas Water Utilities Department, inspectio~ and quality c.c..~! ~surance testing for construction of Dallas Water Utilities items iii coordination with Coppell, through Coppell's Engineering Department. Dallas hereby agrees to be responsible for approval of all design changes and to proviCle for any additional funding necessitated thereby, or for any increase in the quantity of Dallas's construction. Vie Coppell hereby agrees to provide for the adroinish'ation of the construction contract including advertisement for bids and award of contract. VII, Coppell 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 StatutS~ Specifications dated July, 1995. Coppell agrees that it will not make any payment, progress or final, to the construction contractor performing Dallas'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 furnished to Coppell by Dallas's Water Utilities Department ~Pro_ieet Manag_er. Coppell hereby agrees that construction will not commence until this agreement has b~ fully executed by Dallas and Coppell. Coppell hereby agrees to immediately advise Dallas of any and all design changes ~onstruction chan_~e order which may occur during construction. Fundin~ for all chari~e orders ~hall be in accordance with Section VHthrou~h IX. Coppell hereby agrees to credit Dallas for any decrease in quantifies of construction u completion and final acceptance of the work by Dallas and to return to Dallas all rum provided but not used for the work under this Agreement. Executed this the day of ,1997, by Dallas, signing by and through City Manager, duly authorized to execute same by Resolution No. , ado] by the City Council on ,1997. City of Dallas City of Copp¢ll John L. Ware, City Manager Jim Witt, City Manager ~on ~t~ ~ted BY: BY: APPROVED AS TO FORM: Assistant City Attorney