ST9301A-AG 980414 '" AGENDA REQUEST FORM
April. 14, 1998 ITEM #
ITEM CAPTION:
Consider approval of a Supplemental Interlocal Agreement between the City of Coppell and Dallas
County concerning the construction of the Sandy Lake Road bridge over the Elm Fork of the Trinity
River; and authorizing the Mayor to sig~L
SUBMITTED BY: Kenneth M. Griffin, P.E.
TITLE: Director of Engineering and Public Works ·
STAFF RECOMMENDS: APPROVAL -' .~
STAFF COMMENTS:
Dallas County recently opened bids for the construction of the Sandy Lake Road bridge over the Elm
Fork of the Trinity River. Portions of the construction lie in Carrollton, Dallas and CoppelL The
Supplemental Agreement provides for the City of Coppell to provide funding for the portion of the bridge
attributed to CoppelL There are two aspects to the funding: 1) the majority of the funding ($482,501) is a
transfer from bond funds approved by Dallas County in 1991 for the construction of Sandy Lake/Belt
Line Roa& This funding offsets the percentage of the roadway which lies strictly within the City of
Coppell; 2) the other portion of the funding is $17,768. Thlm dollar amount is for the construction of a
sidewalk along a portion o.f Sandy Lake Road ........ '
The bridge itself is being co.nstructed as a~-lane bridge and as Council may recall from years past,
the outer lane will allow bicyclists and/or p~ross the bridge in a safe manner to access
Mclnnish Park. / _ _ .
Staff recommends approval of this Su~terlocal Agreement between Dallas County and
the City of Coppell which will allow for ~.00 from the approved Dallas County bond
slgnfUnds and a cash payment to Dallas Cou~ $17,768.00 and authorizing' ' the Mayor to
Staff will be available to answer any Juestions at the Council meeting.
BUDGET AMT. $ AMT. EST. $ +/- BUD:$
FINANCIAL COMMENTS:
DIR. INITIALS: g~ FIN. REVIEW:
CITY
MANAGER
REVIEW:
· ~nd~ l~q~ Form - Re~i~i ~ Documeat Nam~ ~1
DALLAS COUNTY
COMMISSIONER PRECINCT NO. 1
JIM JACKSON
March 16, 1998
The Honorable Candy Sheehan, Mayor
The City of Coppell
P.O. Box 478
Coppell, Texas 75019
Re: Sandy Lake Road Projects
Dear Mayor Sheehan:
Dallas County has received bids for construction of the joint project along Sandy Lake Road
impacting the cities of Carrollton, Coppell, and Dallas. Specifically, the project includes replacement
of the bridge and improvements to McInnish Park.
The roadway was divided into three segments for funding purposes of the Dallas County 1991
Transportation Bond Program. The segments are in Coppell from MacArthur Boulevard to the
Coppell City Limits; in Dallas from the Coppell City Limits to the Carrollton City Limits (the bridge);
and in Carrollton from the Dallas City Limits to Old Denton Drive. The focus of our efforts has been
the bridge replacement and ancillary work. Receipt of the construction bids has provided the next step
in completing this vital project.
The enclosed funding allocation summation outlines the funding issues for the subject project
assuming award of all construction items to the contractor. In summary, we have gone through all the
items that are to be funded by the cities and identified those costs. In addition, transfers from the
adjoining projects have been identified. The logic for transferring monies is that these construction
items benefit the adjoining projects and will be used when accomplishing the adjoining project.
Specific examples include embankment construction and storm drainage outfalls from future systems
of the adjoining projects. In addition, the City of Carrollton requested that the main bridge be
lengthened by 300 feet to accommodate drainage in lieu of building a structure in the project east of
the main bridge. Those funds are identified as a transfer of funds between projects.
At this point the project has a $1.2 million shortfall. Previous discussions with Carrollton staff
included the possibility of a scope reduction in the Carrollton portion of Sandy Lake. This scope
reduction assumes that the City would be totally responsible for the portion of the project east of IH
35E to Old Denton Drive. Developing a pro rata distribution of the funding from that segment of the
project yields enough dollars to cover the shortfall.
SERVICE CENTER: · 2311 JOE FIELD RD. · DALLAS, TEXAS 75229 · (214),247-1735
COUNTY ADMINISTRATION BUILDING: · 411 ELM STREET · DALLAS, TEXAS 75202 * (214) 653-7361
Mayor Candy Sheehan
March 16, 1998
Page Two
However, this decision has a significant impact on the portion of Sandy Lake between the bridge and
1It 35E. The impact of transferring monies is that the project in Carrollton between the bridge and IH
35E will need supplemental funding to accomplish the desired improvements. There will be
approximately $887,795 lei~ in the authorized amount from the Dallas County 1991 Transportation
Bond Program. The current construction cost estimate for this segment is approximately $3 million
which leaves a $2,112,205 shortfall. Sources of monies to fund this shortfall have not been
determined at this time. Possible sources include future bond programs by both Dallas County and the
City.
A similar transfer of funding, although much smaller, is necessary because there are construction
items on the West end of the project that benefit the proposed roadway in Coppell. The transfer of
funds is in the amount of $482,501. This leaves $6,908,692 available for Sandy Lake from MacArthur
Boulevard to the Coppell East City Limits of Belt Line Road from MacArthur Boulevard to Denton
Tap Road.
I am sure that you will want to discuss these issues with your colleagues and staff. We anticipate
awarding the construction contract for this project in March. Please have someone contact me or
Bud Beene if you have any concerns about our direction. Otherwise, we will proceed to contract on
the project with fimding as outlined.
Sincerely,
er Jim Jackson, District No. 1
ABB/
Enclosure
x¢: Allen Bud Beene, P.E., Director of Public Works - Dallas County
· S~qDY LAKE ROAD PROJECT 91-838
(Coppeli City Limits to Carrollton City Limits) FUNDING ALLOCATION SUMMATION
1. Total Project Cost
Low Bid Amount $7,963,092
Parmering $5,000
Design $217,000
Administration $499,000
Contingencies (3%) $238,893
Testing $75,000
TOTAL PROJECT COST $8,997,985
2. Normal Reimbursables
TOTAL PROJECT COST $8,997,985
CARROLLTON - cost of park construction and $2,791,261
normal reimbursable items
COPPELL - cost of new sidewalk and normal $17,763
reimbursable items
AMOUNT TO BE FUNDED BY COUNTY $6,188,961
3. Funding Allocations
TOTAL COUNTY FUNDING CARR'LTON COPPFLL $6,188,961
Project 91-838 Authorization $2,965,000
Transfer from 91-830 - $482,501
Benefit to Coppell project
Transfer from 91-839 at Carrollton's $720,100
Request
(Lengthened bridge)
Transfer from 91-839 - $423,281
Benefit to Carrollton project
(Paving and Grading)
Transfer from 91-839 - $396,824
Benefit to Carrollton project
(Drainage)
Transfer from 91-839 - $1,272,000
Scope reduction per Carrollton's request
TOTALS $2,812,205 $482,501 $2,965,000 + [$70,748']
APR 09 '~8 11:~1 FR NI~,OLS JCKSON DLLRD 21~ 965 0010 T0~2~0~3570 P.02~02
NICHOLS, lACK, SON, DILLARD, HAGER & SMITH, L.L.P.
~ ~. o*t.~*,~o,~ Attorneys & Counselors ~t L~w ~o~
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oA~o u, ~ 500 North Ak~u'd
6~a~c~ t~. sToc~o Dallas, Texas 75201 ~oe~nT
(214) 96~-9900 ~. coos ~c~ccS
Fax (214) 966-0010
~msil NIDHS ~NIDHS.mm
April 9, 1998
Ken Oriffin, P.E. VIA FACSIMILE 972/304-3570
City Engineer
City of Coppell
P.O. Box 478
255 Parkway Blvd.
Copl~ll, Texas 75019
Re: Interlocal Agreement with Dallas County
Shady Lake Road
Dear Ken:
This letter is to confirm our conversation regarding several additions to the above-
mentioned Agreement. Your addition in paragraph I regarding the six (6) lane bridge is
not necessary since the Attaelunent describes the work to be performed. In paragraph II,
we need to include that "design changes" mu~t be approved by the City. Finally, since
this is a Supplemental Agreement, there needs to be some reference to the original
lnterlocaI Agreement. With these changes, the Agreement is sufficient. If you have any
questions, please call me.
Very truly yours,
NICHOLS, JACKSON, DILLARD, HA M
17466
** TOTAL PAGE.02 **
P.O. BOX ,4'78
COPKLL, TX 75Qlg
IN G D EPA R TME N T
FAX COVER SHEET
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FAX NO: DATE: % ' ~' ~ ~
T~SM~ED BY: ~: ~ '.~S
NUMBER OF PAGES (INCLUDING CO~R SHEET) ~ .
IF YOU DO NOT RECEIVE ALL OF TI, I[''''
PAGES, PLEASE CALL (972) 304-3679.
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April 7, 1998
Ken Griffin, P.E. VIA FACSIMILE 972/304-3570
City Engineer
City of Coppell
P.O. Box 478
255 Parkway Blvd.
Coppell, Texas 75019
Re: InterlocaI Agreement with Dallas County
Shady Lake Road
Dear Ken:
I have been asked by Pete to review the Supplemental City/County Agreement to
be entered into between Coppell and Dallas County. It is my understanding that Dallas
County has prepared this Agreement. I have two concerns about the Agreemem. First,
Dallas County has the sole discretion to determine and decide whether construction
changes will be made under this Agreement without the approval of the City. This may
not be a problem for the City but I wanted to permit it out nonetheless. Secondly, the
Agreement docs not adequately identify the work to be performed by Dallas County. The
Agreement indicates that Dallas County v, dll provide construction of City owned water
and wastewatcr improvements, fence replacements and/or improvements as referenced in
Attachment "A'. However, this Attachment reflects the costs of new sidewalks and your
letter indicates that this is an Agreement for thc cost of a bridge. If in fact the Agreement
is for the cost of a bridge, then the attachment to the Agreement needs to reflect that a
bridge is being constructed by Dallas County. If you have any questions, please call me.
173 72
APR 07 '98 1~:19 FR WI~W~DLS JCKSON DLLRD ~1~ g6$ 0010 TO~F~O~?O P.0~×0~
Very truly yours,
17372
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.~
** TOTAL P~GE.03 **
_~,~ ClTY/COUNT~ AGREEMENT
WHEREAS, the City of Coppell,~Texas, hereinafter called "City"
and the County of. Dallas, Texas,\hereinafter known as "County",
desire to enter into an agreemen% for the construction of the
paving and drainage improvementsi~conjunction with the County's
Sandy Lake Road Project No 91 838'in the city of Coppell and the
County of Dallas, Texas; and
WHEREAS, 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;
WHEREAS, funding for the Sandy Lake Road Project is authorized
by the 1991 Dallas County Transportation Bond Program;
NOW THEREFORE, this agreement is hereby made and entered into
by City and County for the mutual consideration stated herein:
W I TN E S SETH
I.
City hereby requests County to provide construction of 'City
owned water and wastewater improvements, fence replacements and/or
improvments requested by the City, in the City of Coppell and
County of Dallas as specified in "Attachment A" in an amount
estimated to be $17,763.00; and
II.
City hereby agrees to provide all funding for the cost of the
City reque~nd normal reimbursables. City hereby agrees
.to be ~s~S~l~l~~ny/"- - ~ additional funding necessitated by change
~,,0~/orderi %~ncreas. in the quantity of City's it.em,~
'~0~Adjustmentsu--~; in City funding shall be ~ by duly a~~
/Sandy Lake Road Project 91-838 - Coppell I~ ~~ ,,~ b~
~ Page 1 ~--~~~~
supplemental agreement, in accordance with the Charter and
ordinances of the City of Coppell.
III.
City shall establish in escrow, subsequent to bid opening and
prior to award of a contract, the funding necessary to award a
contract based on the unit bid prices for the quantities of work
included in the bid proposal as approved by City. The County will
bill the city on a monthly basis based upon actual City funded work
performed during the month.
IV.
County agrees that it will not make any payment, progress or
final, to the contractor performing the City's items of work u. ntil
approved in writing by the City. County agrees that all payments
to the contractor shall be based on measured elements completed as
furnished to the County.
V.
County and City agree and acknowledge that each entity is not
an agent of either of the other entity and that each entity is
responsible 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.
VI.
County hereby agrees to advise City of any and all design
changes and construction change orders occurring during the
construction. Funding for all change orders shall be in accordance
with Sections II through V hereinabove.
VII.
County hereby agrees to credit City for any decrease in cost
upon completion and final acceptance of the work by the City and to
return to City all funds provided but not used for the work under
this Agreement.
VIII.
Notice. Any notice provided for in this Agreement to be given
by either party to the other shall be required to be in writing and
Sandy Lake Road Project 91-838 - Coppell ILA
Page 2
shall be deemed given when personally delivered, or two (2)
business days after being deposited in the United States Mail,
postage prepaid, certified, return receipt requested, or registered
addressed as follows:
To County: County of Dallas Director of Public Works
Dallas County Administration Building
411 Elm Street, Fourth Floor
Dallas, Texas 75202-3389
To City: City of Coppell
Ken Griffin, P.E.
City Engineer
City of Coppell
P.O. Box 478
Coppell, Texas 75019
Either party may change its address for notice by giving the other
party written notice thereof.
IX.
Assig-ment. This Agreement may not be assigned or
transferred by any party without the prior written consent of the
other party.
Binding Agreement; Authority; Parties Bound. This Agreement
has been duly executed and delivered by all parties and constitutes
a legal, valid and binding obligation of the parties, their
successors and permitted assigns. Each person executing this
agreement on behalf of each party represents and warrants that
he/she has full right and authority to enter into this Agreement
and each person signing on Behalf of a corporation, if any, is
authorized to do so.
XII.
Amen4ment. This Agreement may not be amended except in a
written instrument specifically referring to this Agreement and
signed by the parties hereto.
Sandy Lake Road Project 91-838 - Coppell ILA
Page 3
XIII.
Applicable Law; Venue. This Agreement shall be expressly
subject to the sovereign immunity of County and the governmental
immunity of City, Title 5 of TEXAS CIVIL PRACTICE AND REMEDIES
CODE, and all applicable federal and state law. This Agreement
shall be governed byand construed in accordance with the laws and
case decisions of the State of Texas. Exclusive venue for any
legal action regarding this Agreement filed by either City or
County shall be in Dallas County, Texas.
XIV.
Number and Gender. Words of any gender used in this
Agreement shall be held and constructed to include any other gender
and words in the singular shall include the plural and vice versa,
unless the context clearly requires otherwise.
XV.
Effective Date. The Effective Date of this Agreement shall
be the date it is executed by the last of the parties. Reference
to the date of execution shall mean the Effective Date.
XVI.
Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, but all of
which shall constitute one and the same instrument.
XVII.
Severability. 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, such
invalidity, illegality or unenforceability of this Agreement shall
be construed as if such invalid, illegal or unenforceable provision
had never been contained herein, but shall not affect the remaining
provisions of this Agreement, which shall remain in full force and
effect.
XVIII.
Entire Agreement. This Agreement embodies the complete
Sandy Lake Road Project 91-838 - Coppell ILA
Page 4
agreement of the parties, superseding all oral or written previous
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 to and made a part of this Agreement.
Executed as of the Effective Date.
COUNTY OF DALLAS CITY OF COPPELL ..........
By: ~ee P. ~aokeon~ County ~-udge By: Candy ~heehan~
Date Date
APPROVED AS TO FORM:
B~:. eoh~B. Oahi11,/~dvisory. Chi?f,
C~v~]//Se~ction, &s~stant D~str=ct
Atto~
Date
Sandy Lake Road Project 91-838 - Coppell ILA
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