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Number 24AGENDA REQUEST FORM ITEM CAPTION: T H E • C I T Y • O F COPPELL DEPT: Engineering DATE: May 24, 2005 ITEM #: 18/F Consider approval of an Interlocal Agreement with Dallas County to repair and overlay Southwestern Boulevard, from Denton Tap Road to Coppell Road, with Dallas County furnishing labor and equipment necessary to perform the work; and the City of Coppell furnishing materials at a cost of $61,169.75, as budgeted in the IMF; and authorizing the Mayor to sign. APPROVED CITY COUNCIL ON ABOVE , • OA i EXECUTIVE SUMMARY: Motion to Approve M - Peters S — Suh y ; Libby Ball ' .2005.0 11:26:09 - - 05'00' Vote - 5 -0 Tunnell & York Absent Approval of this agreement will allow the resurfacing of Southwestern Blvd., from Denton Tap Rd. to Coppell Rd., as identified in the Infrastructure Maintenance Fund 5 -year plan for FY 04/05. Staff recommends approval of the Interlocal Agreement with Dallas County and will be available to answer any questions at the Council meeting. FINANCIAL COMMENTS: Funds have been provided in the Infrastructure Maintenance Fund for this contract. Agenda Request Form - Revised 09/04 Document Name: #Southwestern T H E - C 1 T Y O F COPPELL N A MEMORANDUM TO: Mayor and City Council FROM: Kenneth M. Griffin, P.E., Director of Engineering and Public Works DATE: May 24, 2005 REF: Consider approval of an Interlocal Agreement with Dallas County to repair and overlay Southwestern Boulevard, from Denton Tap Road to Coppell Road, with Dallas County furnishing labor and equipment necessary to perform the work; and the City of Coppell furnishing materials at a cost of $61,169.75, as budgeted in the IMF; and authorizing the Mayor to sign. The asphalt paving on Southwestern Blvd. has been deteriorating for several years. City staff has made numerous repairs along Southwestern Blvd., but last year it was determined that the street had deteriorated to a level that extensive repairs would be needed. At that time, we contacted Dallas County to provide us a cost estimate for repairing and overlaying Southwestern Blvd., from Denton Tap Rd. to Coppell Rd. At about the same time we received the estimate from Dallas County, my office was approached by the owner of the property on the south side of Southwestern Blvd. from Denton Tap Rd. to Grapevine Creek, concerning development of that property. Council may recall that there is a existing development agreement that requires the developer of the property on the south side of Southwestern Blvd. to build Southwestern Blvd., from Denton Tap to Grapevine Creek, at the time of development of the property. The owner of the property on the south side of Southwestern Blvd. had their engineer contact my office to work out some of the details on Southwestern Blvd. construction. After meeting with the owner's engineer, I took an agenda item to City Council on August 10, 2004 to redesignate Southwestern Blvd. from a four -lane divided collector street to a four -lane undivided collector street. Because the owner of the property indicated that they would be pursuing the reconstruction of Southwestern Blvd. on a rapid timetable, the city backed off the repaving of Southwestern Blvd. Subsequent to that time, no action has taken place on the potential development of the property on the south side of Southwestern Blvd., and no additional contact has taken place between the owner's engineer and this office concerning the reconstruction of Southwestern Blvd from Denton Tap to Grapevine Creek. COPPELA YEARS IN X933 -3005 Because it is now apparent that no construction activity is about to take place, the city reapproached Dallas County for an updated cost estimate to repair and overlay Southwestern Blvd., from Denton Tap Rd. to Coppell Rd. Because of the classification of Southwestern Blvd., the City is only responsible for the materials. Dallas County handles the cost of labor and equipment. The estimate from Dallas County to reconstruct Southwestern Blvd. is $106,043.75. The city's share is $61,169.79, with Dallas County picking up the balance of $44,874.00. Because a section of Southwestern Blvd. is adjacent to an elementary school, it is important that this work take place during the summer. Approval of this Interlocal Agreement with Dallas County will allow the County to repair and overlay Southwestern Blvd. and perform the work during the summer months. Also, because of the classification of Southwestern Blvd., we will only be paying approximately 57% of the entire cost to have Southwestern rebuilt. Staff recommends approval of the Interlocal Agreement with Dallas County and will be available to answer any questions at the Council meeting. CTMELA YEARS IN 1955 -3005 STATE OF TEXAS COUNTY OF DALLAS INIBRLOCAL AGREEMENT BETWEEN DALLAS COUNTY AND COPPELL FOR OVERLAY OF SOUTHWESTERN BLVD. WHERE AS, the City of Coppell; Texas, hereinafter called "City ", and the County of Dallas, Texas, hereinafter called "County ", desire to enter into an interlocal agreement for the purpose of overlay, as further described by exhibit "A "; and, WHERE AS, Chapter 791 of the Texas Government Code, as amended, provides authorization for local governments to enter into interlocal contracts; NOW THEREFORE, THIS AGREEMENT is hereby made and entered into by City and County for the mutual consideration stated herein: WITNESSETH I. City has requested and County agrees to overlay on Southwestern Blvd., beginning at Coppell Road to Denton Tap Road, hereinafter called the "Project ", as further described in Exhibit "A" attached hereto and incorporated herein for all purposes. The Project is classified as a County Type "B" road project. II. County agrees to furnish materials, labor and equipment necessary and to perform the Project construction at a cost not to exceed $106,043.75, hereinafter called the "Not to Exceed Amount ". III. City agrees to pay to County the sum of $61,169.75 as City's portion of the cost of the Project. Such amount will be paid to County prior to the commencement of construction. Such amount will be deposited with County prior to the commencement of construction and County is authorized to expend such amount for periodic payments of Project cost. Road & Bridge District ILA (AM11 -1997) IV. City agrees to accomplish the following items, if required by the project, in a timely manner to insure 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 or adjustments necessary for the Project at no cost to County. V. In the event that the cost of the Project shall exceed the Not to Exceed Amount, City and County agree to either reduce the scope. of construction or seek additional funding to complete the project. At the termination of the Project, County will do a final cost accounting of the Project. In the event that the amount paid by City exceeds the actual cost, the difference will be remitted to City. In the event that additional funds are due, County will bill City who agrees to pay such funds within thirty (30) days of receipt of such billing. VI. The term of this agreement shall be from the date of the last signature approving the agreement until the completion of the Project and final payment as provided herein. VII. The City agrees that County shall have the right to enter upon the Project area for the time period necessary for the completion of the Project. City agrees to furnish such police personnel as requested by County for traffic control or other public safety matters at no cost to County. VIII. The County agrees to be responsible for any liability or damages the County may suffer as a result of claims, demands, costs or judgments, including all reasonable attorneys fees, against the County, including workers compensation claims, arising out of the performance of the construction and services under this agreement, or arising from any accident, injury or damage, whatsoever, to any person or persons, or to the property of any person(s) or corporation(s) occurring during the performance of this agreement and caused by the sole negligence of the County, its agents, officers and/or employees. IX. The City agrees to be responsible for any liability or damages the City may suffer as a result of claims, demands, costs or judgments, including reasonable attorneys fees, against the City, including workers compensation claims, arising out of the performance of the construction and services under this agreement, or arising from any accident, injury or damage, whatsoever, to any person or persons, or to the property of any person(s) or corporations(s) occurring during the performance of the agreement and caused by the sole negligence of the City, its agents, officers and/or employees. Road & Bridge District ILA (AM11 -1997) 2 X. City and County agree that any liability or damages as stated above occurring during the performance of this agreement caused by the joint or comparative negligence of their employees, agents and officers shall be determined in accordance with the comparative responsibility laws of the State of Texas. XI. City and County agree that County's obligation to perform the Project construction is contingent upon the receipt of City's payment of $61,169.75 and no construction on the Project will commence prior to the receipt by County of such payment. XII. This Agreement shall be expressly subject to the sovereign immunity of County and the governmental immunity of City, Title 5 of the Texas Civil Practice and Remedies Code, as amended, and all applicable federal and state law. This Agreement shall be governed by and construed in accordance with the laws and case decisions of the State of Texas. Exclusive venue for any local action regarding this Agreement filed by either City or County shall be in Dallas County, Texas. The City of Coppell, State of Texas, has executed the Agreement pursuant to duly authorized City Council Resolution , Minutes Dated the day of , 2005. The County of Dallas, State of Texas, has executed this agreement pursuant to Commissioners Court Order Number and passed on the day of , 2005. CITY OF COPPELL BY TITLE ATTEST CITY SECRETARY 1 ATTORNEY COUNTY OF DALLAS BY MARGARET KRT 11MR, COUNTY JUDGE APPROVED AS TO FORM; Robert Schell, Chief Civil Section Dallas County District Attorney Road & Bridge District ILA (AMI 1 -1997) 3 CONSTRUCTION ESTIMATE DALLAS COUNTY DISTRICT 4 KENNETH A. MAYFIELD COMMISSIONER FOR CRY OF DATE TYPE LIMITS EST.MArLS EST. E.L.A. PROJECT EST. LENGTH/LF. 5525 MATERL4LS EST. Traffic Controi Asphalt (Tack) H.M.A.C.(Ty D) Striping EQUIPMENT EST. LABOR EST. ADMINISTRATION TOTAL ESTMATE SouthWWern Blvd. Coppell ESCROW AMOUNT $61,188.75 5124!2004 B Coppell Rd. Denton Tap Rd. $61,169.75 $44,874.00 EST. W.W.D. $105,043.75 DESIGN EQU. WIDTH/LF 25 LBSJSY. 1 0.1 250 1 HOURS 810 HOURS 1134 LABOR COST 23814 PREPARED BY DON KENNEDY ROAD AND BRIDGE SUPERINTENDENT DISTRICT 4 S.Y. 15350 QUANTITY 15350 1535 1918.75 15350 HR. DAY 90 HR. DAY 126 % OF LABOR 0 9 0 I.D. NUMBER MILES COST PER MILE 24008 1.04859091 $101,323.02 UNITS UNIT COST SUB. TOTAL SY $0.15 $2,302.50 GAL $1.30 $1,995.50 TON $29.00 $55,643.75 SY $0.08 $1,228.00 $81,169.75 COST PER HR. NO.WWD EST. COST $28.00 9 $21,080.00 COST PER HR. NO.WWD EST. COST $21.00 9 $23,814.00 $0.00 $106,043.75 STREET NAME FROM TO LENGTH WIDTH SY