Number 29AGENDA REQUEST FORM
T X E • C 1 T Y O F
COPPELL
r o
DEPT: Engineering
DATE: December 8, 2009
ITEM #: 8/13
EJ WORK SESSION a CONSENT REGULAR
ITEM TYPE: CONTRACT/BID or PROPOSAL
ITEM CAPTION:
Consider approval of a Resolution authorizing the Mayor of the City of Coppell, Texas to execute an Interlocal
Agreement with Dallas County for maintenance and improvements to city streets; and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
The City of Coppell regularly requests assistance from Dallas County to maintain and improve asphalt streets within the
city. The Agreement we currently operate under was approved in 2003. This one will simply update the existing
Agreement.
Staff will be available to answer any questions at the Council meeting.
FINANCIAL COMMENTS:
RECOMMENDED ACTION:
ACTION TAKEN BY COUNCIL:
Staff recommends approval of this Interlocal Agreement with Dallas APPROVED BY
County for maintenance and improvement of city streets. CITY COUNCIL ON ABOVE DATE
Motion to Approve
Res. # 2009 - 1208.1
M - Tunnell
S - Mahalik
• Libby Ball
Vote - 7 -0 2009.12.09
16:01:25
- 06'00'
#Dallas County Agreement
T H E • C 1 T Y • O F
MEMORANDUM
TO: Mayor and City Council
VIA: Kenneth M. Griffin, P.E., Director of Engineering/Public Works
FROM: Keith R. Marvin, P.E., Project Engineer
DATE: December 8, 2009
REF: Consider approval of a Resolution authorizing the Mayor of the City of
Coppell, Texas to execute an Interlocal Agreement with Dallas County for
maintenance and improvements to city streets; and authorizing the Mayor to
sign.
In September of 2003, the City of Coppell entered into an Agreement with Dallas County for
maintenance and improvement of city streets. Working under the existing Agreement, Dallas
County Road and Bridge crews have resurfaced miles of asphalt streets, they have installed and
maintained storm drainage culverts, and they have performed considerable work at the Coppell
Farmers Market.
The Dallas County Road and Bridge superintendant contacted me and requested that we update
the existing Agreement with the new one before you this evening. This is a housekeeping
exercise initiated by Dallas County to bring the Agreement up to their current standards. The
only significant change is that it now has a limit on the automatic extension of five years. This
simply means we will need to update this Agreement again in five years.
Dallas County Road and Bridge staff has been responsive to the needs of the City of Coppell,
and have performed well under the previous Agreement. Dallas County crews have knowledge,
equipment, and expertise that we have used in partnership to complete projects that we would
otherwise have had to hire outside contractors to complete. We believe this has resulted in
considerable savings of time and money to the citizens of Coppell.
Staff recommends approval of this City /County Agreement for maintenance and improvement of
city streets, and will be available to answer any questions at the Council meeting.
RESOLUTION NO. BOO 91,20,8,
A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF
COPPELL, TEXAS TO EXECUTE AN INTERLOCAL AGREEMENT
WITH DALLAS COUNTY FOR MAINTENANCE AND
IMPROVEMENTS TO CITY STREETS; AND PROVIDING AN
EFFECTIVE DATE; AND AUTHORIZING THE MAYOR TO SIGN.
WHEREAS, the City of Coppell has requested that Dallas County enter into the
attached City /County Agreement for maintenance and improvement of city streets for the
period commencing on the effective date of this agreement through October 1, 2010; and,
WHEREAS, the City /County Agreement for maintenance and improvement of city
streets is consistent with the authority and purposes of Texas Government Code Chapter
791 relating to Interlocal Cooperation Agreements; and,
WHEREAS, the City /County Agreement for maintenance and improvement of city
streets defines the responsibilities of the City and Dallas County pertaining to the
agreement; and,
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL
OF THE CITY OF COPPELL, TEXAS:
SECTION 1. The recitations and findings contained in the preamble of this
Resolution are incorporated herein by reference.
SECTION 2. The City Council of the City of Coppell, Texas hereby approves the
City /County Agreement for maintenance and improvement of city streets. The Mayor is
hereby authorized to execute the City /County Agreement for maintenance and
improvement of city streets on behalf of the City of Coppell and to exercise the rights and
duties of the City there under.
SECTION 3. This Resolution shall be effective immediately from and after its passage
and approval.
DULY PASSED by the City Council of the City of Coppell, Texas, this the day of
4�1 ��' 2009.
APPROVED:
JANE PETERS, MAYOR
ATTEST:
LIBBY AL , ECRETARY
AP PRO AS TO FORM:
ROBERT E. IIAGE 54ITY ATTORNEY
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ORDER NO- 0 10 0 2 9 6 COURT ORDER
DATE: Rhnaey 16, 2010
�TATE OF TEXAS
6
COUNTY OF DALLAS &
BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County,
Texas, held on the 16th day of February
2010, on motion
made by Maurine Dickey, Commissioner of District No. 1
Kenneth A. Mayfield, Commissioner of District No. 4 and seconded by
the following order was adopted:
WHEREAS, the City of Coppell has requested that Dallas County enter into the attached City /County
Agreement for maintenance and improvement of city streets for the period from the
effective date of the attached Master Interlocal Cooperation Agreement to October 1,
2010; and
WHEREAS, Chapter 791 of the Texas Government Code, as amended provides authorization for local
governments to enter into interlocal agreements; and
WHEREAS, said agreement shall thereafter be automatically renewed each year for the same period
of time until superseded by a supplemental agreement or earlier terminated as provided
by this agreement; and
WHEREAS, the City by execution of said agreement agrees to fund the total cost of all work
performed on Type E streets and the balance of the total project cost after deduction by
the County's participation on Type B and C streets on a monthly basis upon billing by
County in accordance with Dallas County Road and Bridge Policy; and
7HEREAS, the County is working with the City of Coppell in order to execute this Agreement, which
is consistent with Vision 1: Dallas County is a model interagency partner, and Vision 4:
Dallas County proactively addresses critical regional issues; and
WHEREAS, the Dallas County Commissioners Court has adopted Order No. 84 -659, establishing the
County Road and Bridge Policy and Order No. 92 -1254 amending the official County Road
List.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Dallas County Commissioners Court that the
County Judge is hereby authorized to execute the attached City /County Agreement with the City of
Coppell, Texas, and the County of Dallas, for maintenance and improvement of city streets for the
period from effective date of the attached Master Interlocal Cooperation Agreement to October 1,
2010, to be renewed automatically each year for the same period of time until superseded by a
supplemental agreement or earlier terminated as provided by said agreement.
DONE IN OPEN COURT, this the 16th day of
J6sterl County Judge
� U
John ,Wiley Pri,
I-
Maurine Dickey,
Conforms to
Commissioners Court
Policy:
,-F'e bru.ary 20
t
District -' Mike Cantrell, District 2
'Julialu K. Holzwarth, P.E. '
Director of Public Work
STATE OF TEXAS §
COUNTY OF DALLAS §
MASTER INTERLOCAL COOPERATION AGREEMENT
WHEREAS, the City of Coppell, hereinafter called City, and the County of Dallas, hereinafter
called County, desire to enter into an Agreement for maintenance and
improvement of city streets by the County;
WHEREAS, Chapter 791 of the Texas Government Code, as amended, provides authorization
for local governments to enter into Interlocal Agreements;
WHEREAS, the Dallas County Commissioners Court has adopted Order No. 84 -659,
establishing the County Road and Bridge Policy and Order No. 92 -1254
amending the official County Road List;
NOW, THEREFORE, THIS INTERLOCAL AGREEMENT is hereby made and entered into by
the City and the County upon and for the mutual consideration stated herein:
PURPOSE:
The terms and conditions set forth within this Agreement provide the cooperative framework for
the City and the County to undertake a variety of transportation planning, engineering, design,
construction, and maintenance functions, services and activities.
WITNESSETH:
I.
The City may request the County to perform services on the City's street system during the
period commencing on the effective date of this Agreement through October 1, 2010. This
Master Interlocal Cooperation Agreement shall thereafter be automatically renewed each fiscal
year of the City, for the period of time beginning October 1 through September 30, for a
maximum term of five fiscal years, until superseded by a Supplemental Agreement or earlier
terminated as provided by this Agreement. Services may include improvements and
maintenance of thoroughfares and bridges of major county importance, which are either existing
or proposed, or improvements and maintenance of minor (local) streets, roads, bridges and
drainage facilities for a governmental entity as defined under Chapter 791, Texas Government
Code, Interlocal Cooperation Act. Such work may include scarifying, stabilizing, grading,
patching, seal coating, signing, pavement marking, mowing, widening, resectioning, overlaying
and other repair or improvement projects. Under terms of this Agreement, any payment for
services provided herein must be made with current revenues.
II.
City agrees to pay to County the estimated city cost as City's portion of the cost of a project
(City's Funds) (see Exhibit B for potential city projects). City's Funds will be paid to County
prior to the commencement of construction of a project. The City's Funds will be held in an
escrow account and shall be drawn there from pursuant to Paragraph IX below. City agrees to
accomplish the following terms, if required by the project, in a timely manner to ensure that such
items will not delay the County construction schedule: (1) inform the public of the proposed
reconstruction of the Project; (2) locate all manholes, water valves, and other utilities within the
Project; and (3) make or cause to be made all utility relocations necessary for the Project at no
cost to County.
III.
To the extent allowed by law, the City agrees to indemnify and save harmless the County
from any liability or damages the County may suffer as a result of claims, demands, costs
or judgments against the County for injuries to persons or damage to the property of any
person(s) or corporations(s) arising out of the performance of the work and services under
this Agreement except to the extent such liability or damages are caused by the sole
negligence of County.
IV.
The City agrees to allow the County to make routine special studies of traffic conditions within
the City. These studies may include traffic counts and measures of speed, delay and other
factors. Any such studies conducted for County purposes and not specifically requested by the
City will be at County expense.
V.
The City agrees to notify the County Department of Public Works within thirty (30) days of any
annexations or de- annexations to allow the County to accurately maintain the Official Road List.
VI.
A specific project to be undertaken by the terms and conditions of this Agreement must be
defined and clearly detailed in scope, type, location and party or parties performing the
governmental functions or services. All payments must be in amounts that fairly compensate the
performing party for the services or functions performed and shall be made from current
revenues available to the paying party. Specific project detail must be documented and supplied
for individual project approval before the project is begun. Pavement marking projects
performed by the County for the City will require the City to provide appropriate traffic control.
Such control may include, as traffic volume and conditions warrant, flagging, cones, barricades,
shadow vehicles, arrow boards, signs and other desirable actions specified by the Texas Manual
on Uniform Traffic Control Devices (TMUTCD).
VII.
Either City or County may terminate this Agreement by providing the other party thirty (30) days
written notice of its intent to terminate. The written notice of the intent to terminate shall be
delivered as following:
City Engineer Superintendent
City of Coppell Road & Bridge District 4
P. O. Box 9478 Dallas County
Coppell, TX 75019 4403 W. Illinois
Dallas, TX 75211
VIII.
This Agreement shall be construed in accordance with the laws of the State of Texas. Exclusive
venue for any legal actions between the parties arising from this Agreement shall be in Dallas
County, Texas.
IX.
All work for a project will be charged to the City's Funds in the escrow account within the first
five working days after the end of the month in which the work was performed. If the actual cost
of a project exceeds the amount of the City's Funds, the City shall remit the additional funds
within 30 days of written notice from the County of the shortfall. If the actual cost of the project
is less than the amount of the City's Funds, the County shall remit such funds within 30 days of
written notice from the City of the overage.
X.
Prior to any work being commenced or any funds exchanged, the parties agree to comply with
Texas Governmental Code § 791.014.
X1.
City and County certify that this Agreement is executed in accordance with the governing
provisions of the Texas Interlocal Cooperation Acts, as amended, and that any required separate
documented approval by the County will be accomplished as a condition precedent to the
execution of this Agreement.
The City of Coppell has executed this Agreement pursuant to duly authorized City Council
Resolution No. 24CJ9— 1249• J dated Iz 9 Z 2.00tl. The County of Dallas has executed this
Agreement pursuant to Commissioners Court Order No. 2010 0296 , on this 16th day of
February 2010
COUNTY OF DALLAS
J' - ster, County Judge
APPROVED AS TO FORM:
ii
Bob Schell, Chief, Civil Section
CITY OF COPPELL
tb��- J e Pet s, Ma
ATTEST:
Libby Ball, Ci ecretary
APPROVED AS TO FORM:
Robert Hager, City Attorney
G�VNTY 0p0
F
9TH OF �m
KENNETH A. MAYFIELD
DALLAS COUNTY COMMISSIONER
DISTRICT 4
February 17, 2010
Keith Marvin
City of Coppell
P. O. Box 9478
Coppell, TX 75019
RE: Dallas County Court Order 2010 -0296
Dear Mr. Marvin,
Enclosed is the City /County Agreement for maintenance and improvement
of city streets from the effective date of the Master Interlocal Cooperation
Agreement.
Sincerely
Linda Baker
Office Secretary
1 Enclosure
4403 W. ILLINOIS DALLAS, TEXAS 75211 214 - 339 -8381 FAX: 214 - 337 -9558
411 ELM STREET DALLAS, 'TEXAS 75202 214 - 653 -6670 FAX: 214 - 653 -7057