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ST9302-CS 980119 (3)Hamid Baha, Project Manager City of Dallas 320 E. Sefferson, Room 218 Dallas, TX 75203 Re: Sandy Lake Road Project # ST 93-02 Dear Mr. Balm: P.O. Box 478 Coppell, Texas 75019 972-462-0022 January 19, 1998 This letter is written in response to your January 8, 1998 letter concerning the Interlocal Agreement between the City of Coppell and the City of Dallas. For some time now there has been discussion concerning the responsibility for payment of consulting fees for the design of the 30 '' City of Dallas water line from MacArthur to Denton Tap Road. As you correctly state in your letter, Coppell had initially anticipated funding the design of a segment of the water line to be lowered. The notes provided from the January 6, 1994 meeting correctly state that we anticipated about 15 % of the water line needing to be lowered (about 1,524 linear feet). This was the premise of our design contract with Rady and Associates in 1993. At no time during the negotiations for the design contract with Rady and Associates did the City anticipate, nor did Rady anticipate, that the entire 10,160 linear feet of 30'' City of Dallas water line would be redesigned and lowered. During the preparation of the conceptual and preliminary plans it was noted that 15 % was probably an optimistic number and that approximately 53 % or 5,372 feet would need to be lowered due to grade changes and drainage considerations. This represented about a 350% increase in length of what Rady had anticipated in negotiations for the design contract with the City of Coppell. Even so, Rady stated that they would continue to include that as part of their base design with the City of Coppell. As I previously stated in my November 12, 1997 letter, the Scope of Services B, Phase 2, Preliminary Design 3F stated that Rady would design the DWU 30" water line to avoid conflicts with streets grades and drainage improvements. That refers to the 5,372 linear feet of 30'' water line. Because of other considerations concerning the relocation of the DWU 30" water line, such as, locations of street lights and the need to keep Flower Mound supplied with adequate water, a joint decision was made in December of 1996 to redesign and relocate the entire 10,160 linear feet of water line. However, at that meeting there was no discussion concerning the increase in design fees and the responsibility for the same. I have no knowledge as to the existing condition of the 30' water line and I take your word that it is in excellent condition. However, it is in an existing City of Coppell right-of-way and as such would need to be lowered or relocated to avoid conflicts regardless of its condition. It is my opinion that Dallas has placed the City of Coppell in a difficult situation where it is imperative that we immediately proceed with the project. Therefore, reluctantly we will have to concede and allow Dallas to defer the cost of the design of their water line to the City of Coppell. This ends up being a tremendous financial burden in the construction of this water line. Obviously, one that was not anticipated either with the initial contract negotiations with Rady or any time up to late 1997. It is unfortunate that Dallas was unwilling to at least negotiate some of the offers placed on the table by myself, such as; cost sharing of the increased scope of the project or a cap on Dallas's financial participation, i.e., if the project bid less than that maximum financial participation then at that point Dallas would participate in the design fee. My goal is to expedite the bidding and construction of Sandy Lake Road. This is a critical roadway to traffic movement within the City of Coppell and cannot be delayed any longer. Your suggestion of delaying the project by rejecting the Rady design and taking the entire design in-house and starting from scratch to design the water line would obviously add at least six months to a year to the project. This suggestion baffles me because there currently exist an approved set of construction plans designed by Rady and approved by DWU. Now that the issue of the design fee has been resolved, my goal is to work hand in hand with DWU to expedite the bidding and construction of Sandy Lake. Road. Included with this letter is, as you requested, the latest Interlocal Agreement between Coppell and the City of Dallas. In Section 2 the cost of the design has been removed and the number of 2.6 million as the estimated amount has been inserted in accordance with Attachment A. Attachment A is noted to be the cost estimate provided by DWU for Sandy Lake Road. I noted on the cost estimate that the per linear foot for the 30 ~ concrete pipe notes that it includes paving. Could additional clarification be provided? Does that include temporary paving during construction or is that the cost of the final concrete paving that is directly over the reconstructed water line? Clarification would be helpful on the cost estimate and/or included in Section 2 of the Interlocal Agreement. Also, I noticed that there is no mention in the cost estimate of traffic control. Is that included as an incidental cost to the 30" concrete pipe? If so, that should also be noted either in the cost estimate or the Interlocal Agreement. If it is not included as an incidental cost to the pipe there needs to be some discussion concerning the traffic control for the construction of the 30" water line. I do appreciate your consideration of the request for payment of the design fees but as noted Coppell must move forward at this time. Also, any assistance that can be provided to expeditiously get the Interlocal Agreement before the Dallas City Council would be greatly appreciated. Coppell is winding down on the final acquisition of right-of-way and it is our hope to put this project out to bid in March 1998. I know that sounds optimistic but the citizens and council of Coppell are demanding that this project move forward at a rapid rate. If you should have any questions please feel free to contact this office at your convenience. K~ethSincerely'~ ~~ . M. Griffin, P.E. Director of Engineering and Public Works CC.' Lee Allison P.E., Kimley Horn Sim Witt, City Manager Clay Phillips, Deputy City Manager .lim Milstead, DWU THE STATE OF TEXAS COUNTY OF DALLAS WHEREAS, the City of Dallas, Texas hereinafter 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 Dnlln.~'s ~ water appurtenances located w~thin the City limits of the City of Coppeil along and paralld 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 CoppeH for the mut-n! consideration stated herein: WITNESSETH: I. Dallas hereby requests Coppell to construct purs-ant to the terms of thig Agreement 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 in conjunction with Coppell's construction of paving and drainage improvements in the City of Coppeil on Coppeil's Sandy Lake Road Project No. ST 93-02. Dallas hereby agrees to provide funding in the estimated mount of ~ in accordance with Attachment "A", for the cost of construction, relocation, adjustment and betterment of certain improvements described herein. 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. Dallas will deriver all agreed funds to Coppell prior to the letting of any contract for any work to be performed by Coppell for Dallas under this Agreement. mo Dallas hereby reserves the right to review any or all of the bid proposals submitted for Dallas*s construction and to reject the same due to iFFegulaFities, unbalanced bid item% or insufficient funds for awarding or for any other reason. 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. Vie Coppell hereby agrees to provide for the adminl.m-ation of the construction contract including advertisement for bids and award of contract. Coppeil 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. Coppeil agrees that it will not make any payment, progress or final, to the construction contractor performing Dallas's water construction under thig Agreement until construction has been approved in writing by Dallas. Copped agrees that all payments to the construction contractor shall be based on measured quantifieS of construction completed as furnished to Coppell by Dallas's Water UtilitieS Department Construction ~n~neer. Coppell hereby agrees that construction will not commence until this Agreement hag been fully executed by Dallas and Coppell. X® Coppell hereby agrees to immediately advise Dallas of any and all design ehan~es which may occur during construction. Coppell hereby agrees to credit Dallas for any decrease in quantities of construction upon completion and final acceptance of the work by Dallas and to return to Dallas all funds provided but not used for the work under this Agreement. Executed thin 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 Coppell, pursuant to Resolution No.~ __ , adopted by the City Council on ,1997. CITY OF DALLAS JOHN L. WARE, CITY MANAGER BY; BY; City APPROVED AS TO FORM; CITY OF COPPELL JIM WITT, CITY MANAGER city