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Number 20S -r g3_0( T H [. G I T T - C M DEPT: Engineering/Public Works AGENDA REQUEST FORM COPPELL DATE: October 22, 2002 J` � ` " a ' ` 4 ITEM #: 10 /E ITEM CAPTION: Consider approval of a Resolution approving an Interlocal Agreement with Dallas County to reimburse the City of CoppelI for the cultural resources investigation for the Sandy Lake Road Project (from MacArthur Blvd. to the Elm Fork of the Trinity River) in an amount of $6,000; and authorizing the Mayor to sign. APPROVED BY CITY COUNCIL ON ABOVE DATE GOAL(S): 'rte EXECUTIVE SUMMARY: -!on to Approve . # 2002- 1022.1 - Herring - Peters ote 5 -0 ork dt Tunnell absent This interlocal agreement will allow reimbursement from Dallas County of $6,000 for the archaeological survey performed for the Sandy Lake Road project (from MacArthur Blvd. to the Elm Fork of the Trinity River). Staff recommends approval of the interlocal agreement for cultural resources investigation between the City of Coppeli and Dallas County in the amount of $6,000. Staff will be available to answer any questions at the Council meeting. FINANCIAL COMMENTS: DIR. REVIEW: M T.. Agenda Request Form - Revised 09/02 FIN. REVIEW: l: Document Name: #eng4 -IAR C%K.I, WW.dM "YM Dli _-Jbn 7 CM REVIEW: D.W. D.W: 2DO2.10.1e na1:zr �y vw�a _WW Document Name: #eng4 -IAR �pVNTY p, v DALLAS COUNTY f'' >f of iE }`~ PUBLIC WORKS December 12, 2002 Mr. Ken M. Griffin, P.E. City Engineer City of Coppell P. O. Box 9478 Coppell, Texas 75019 Re: Sandy Lake Road Project 91 -830 (Kimbel Court to the east City Limits adjacent to the Elm Fork of the Trinity River) Transmittal of Interlocal Agreement for Cultural Resources Investigation Dear Mr. Griffin: Transmitted herewith is one (1) fully executed original of the subject Interlocal Agreement for Cultural Resources Investigation for your records and use, as well as a copy of Court Order 2002- 2127, dated November 19, 2002 authorizing same. If you have any questions or comments, please feel free to contact this office at 214 - 653 -7151. Sincerely, , F* E . hn L. Mears, P.E. Senior Project Manager JLM:dlc Enclosure 411 Elm Street, 4th Floor Dallas, Texas 75202 (214) 653 -7151 J"41 Y Os FAO O ' DALLAS COUNTY •Jf °rf PUBLIC WORKS October 7, 2002 Mr. Ken M. Griffin, P.E. City Engineer City of Coppell P. O. Box 9478 Coppell, Texas 75019 Re: Sandy Lake Road Project No. 91 -830 (Kimbel Court to the east City Limits adjacent to the Elm Fork of the Trinity River) Transmittal of Interlocal Agreement for Cultural Resources Investigation Dear Mr. Griffin: Enclosed please find three (3) originals of the referenced Interlocal Agreement for Cultural Resources Investigation for the referenced project. Please have these agreements fully executed and return all originals for execution through Commissioners Court to: Janet Norman r Dallas County Public Works AdministratioriBuilding, 4* floor 411 Elm Street, Suite 400 Dallas, Texas 75202 If you have any questions or comments, please do not hesitate to contact -fits office a[ - -7151. Sincerely, P. E . John L. Mears, P.E. Senior Project Manager Idle Attachments 1° a 411 Elm Street, 4th Floor Dallas, Texas 75202 (214) 653 -7151 MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Mayor and City Council From: Kenneth M. Griffin, P.E., Dir. of Engineering/Public Works Date: October 22, 2002 RE: Consider approval of an lla ift-Al Agreement with Dallas County to reimburse the City of Coppell for the cultural resources investigation for the Sandy Lake Road Project (from MacArthur Blvd. to the Elm Fork of the Trinity River) in an amount of $6,000; and authorizing the Mayor to sign. Since 1993 Dallas County has been working on the design of Sandy Lake Road from east of MacArthur Blvd. to the Elm Fork of the Trinity River. For some time now, the City of Coppell has been aware of the fact that the construction of the roadway will be our responsibility. In our investigation concerning any required permits for the construction of Sandy Lake Road, we were informed that we would need to perform an archaeological survey of the area to determine if any historical or pre - historical resources were in the area of construction. AR Consultants, Inc. entered into a contract with the City of Coppell in March 2002 at a cost of $6,000 to perform the archaeological survey. The survey revealed that there were no natural resources that would need to be mitigated during the construction. After completion of the survey, I contacted Dallas County inquiring as to whether or not they would reimburse the City of Coppell for the study because the study was part of the design phase of Sandy Lake Road and should have been included in the initial design. After several telephone calls, Dallas County has presented the City of Coppell with an intirlal agreement to reimburse the City the $6,000 previously spend on the archaeological survey. Staff recommends approval of the it t WM agreement for cultural resources investigation between the City of Coppell and Dallas County in the amount of $6,000. Staff will be available to answer any questions at the Council meeting. "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" C-j�' `� COURT ORDER Air ORDER NO. 2002 ZV coum mmmoR TE1:M19 2 - 0 19 2002 STATE OF TEXAS COUNTY OF DALLAS ¶ BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas, held on the 19thday of November , 2002, on motion made of ni gt u and seconded by Jim Jackson CoofDi -t.? , the following order was adopted: WHEREAS, the matter set forth below was presented to commissioners Court in briefing on November 5, 2002; and WHEREAS, the 1991 Thoroughfare Bond Program included funding for design and construction on Sandy Lake Road from MacArthur Boulevard to Coppell City Limits, Project 91 -830, in the City of Copped in District No. l in the amount of $3.6 Million, and WHEREAS, the City of Coppell and Public Works staff desire to determine if a previously designated prehistoric archaeological site, (41DL12), extends into the area of the proposed construction project by performing a Cultural Resources Investigation; and WHEREAS, in the attached Interlocal Agreement the City has agreed to perform the requested Cultural Resources Investigation at a cost not to exceed to the County of $6,000.00; and 7EREAS, the Director of Public has reviewed the attached Interlocal Agreement and recommends its execution. IT 1S THEREFORE ORDERED, ADJUDGED AND DECREED by the Dallas County Commissioners Court that the County judge is hereby authorized and directed to execute the attached Interlocal Agreement with the City of Coppell., in the amount of $6,000.00 for the Sandy Lake Road Projea 91.830 to be paid from Bond Fund 00424, Project 50079, Code 08010. DONE IN OPEN COURT, this the 1 th day of Novemher 2002• ue r 1er T n Me Cantrell Co D' c District 2 led al: ABSENT Kenneth A. Mayfield District 4 Donald R Holzwarth, P.E. Director of Public Works RESOLUTION NO. 206Z -1622. / A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH DALLAS COUNTY, TEXAS FOR CULTURAL RESOURCES INVESTIGATION FOR SANDY LAKE ROAD PROJECT 91 -830, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Mayor is hereby authorized to execute an Interlocal Agreement with Dallas County, Texas for cultural resources investigation for Sandy Lake Road Project 91- 830, which is attached hereto and incorporated herein as Exhibit "A ". SECTION 2. This Resolution shall become effective immediately from and after its passage, as the law and charter in such cases provide. DULY PASSED and approved by the City Council of the City of Coppeli, Texas, on. this the day of 2002. CANDY SHEEWN, MAYOR ATTEST: Gam_. LIBBY B , CITY SECRETARY TO FORM: ,TTY ATTORNEY 10/16102) 51405 STATE OF TEXAS § COUNTY OF DALLAS § INTERLOCAL AGREEMENT BETWEEN DALLAS COUNTY AND CITY OF COPPELL FOR CULTURAL RESOURCES INVESTIGATION FOR SANDY LAKE ROAD PROJECT 91-830 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 determining if a previously designated prehistoric archaeological site, 41 DL12, extends into the area of the proposed construction project on Sandy Lake Road, as further described by Exhibit "A "; and, WHEREAS, 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 1[. City has requested and County agrees to participate financially in a Cultural Resources Investigation for the Sandy Lake Road Project 91 -830 from Kimbel Kourt to the east City Limits adjacent to the Elm Fork of the Trinity River, hereinafter called the "Investigation ", as further described in Exhibit "A" attached hereto and incorporated herein for all purposes. The investigation has been determined to be a vital part of project development and delivery and is normally funded by the agency managing the design. II. City agrees to provide for Cultural Resources Investigation Services (the Investigation') needed for the Sandy Lake Road Project 91 -830. All services will be acquired in accordance with the laws of the State of Texas, including, but not limited to the Professional Services Act III. County agrees to participate in the Investigation in an amount not to exceed Six Thousand Dollars ($6,000.00), hereinafter called the "Not to Exceed Amount" as fair compensation for County's participation in said Investigation. County agrees to pay to City up to the sum of Six Thousand Dollars ($6,000.00) as County's total cost of the Investigation within thirty days of receipt of invoice and documentation showing the award SANDY LAKE ROAD PROJECT 91 -830 ILA a to the successful vendor by the City Council and such other documentation as may be required by the County Auditor. All County and City funds will be paid from currently available revenues. IV. City agrees to pay all cost of the Cultural Resource Investigation in excess of County contribution. City further agrees, at its cost, to do all work necessary to comply with all state and federal requirements necessary to utilize the Investigation and compliance or remedial actions as may be necessary to use such right of way for roadway purposes. V. City agrees, at no additional cost, to provide County with a duplicate copy of all deliverables from said Investigation. VI. The term of this agreement shall be from the date of the last signature approving the agreement until the completion of the Investigation, receipt of all deliverables and final payment as provided herein. VII. 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 constructed 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. VIII. ENTIRE AGREEMENT. This Agreement, including all Exhibits, and Addendum, constitutes the entire agreement between the parties hereto and supersedes any other agreement concerning the subject matter of this transaction, whether oral or written. No modification, amendment, novation, renewal or other alteration of this agreement shall be effective unless mutually agreed upon in writing and executed by the parties hereto. IX. BINDING EFFECT. This Agreement and the respective rights and obligations of the parties hereto shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto as well as the parties themselves; provided, however, that County, its successors and assigns shall be obligated to perform County's covenants under this Agreement only during, and in respect of their successive periods as County during the term of this Agreement. X. SEVERABILITY. If any provision of this Agreement shall be held invalid, void or enforceable, the remaining provisions hereof shall not be affected or impaired, and such remaining provisions shall remain in full force and effect. SANDY LAKE ROAD PROJECT 91 -830 ILA 2 XI. BINDING AGREEMENT / PARTIES BOUND. City and County certifies that the person executing this Agreement has full authority and is authorized to execute this Agreement on behalf of City of Coppeli and County of Dallas. Such authority is evidenced by a resolution number2b62,- 14022.1, dated thekV—!�ay of * x„2002 has been duly passed by the City of Copell and Court Order No of the day of , 2002, which constitutes a legal, valid and binding obligation of the parties, their successors and permitted assigns. XII. HEADINGS. Headings here in are for convenience of reference only and shall not be considered in any interpretation of this agreement. XIiI. NUMBER AND GENDER. Words of any gender used in this Agreement shall be held and construed to include any other gender and words in the singular shall include the plural and vice versa, unless the context clearly requires otherwise. XIV. 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. !� CHANGES IN LAW Any alteration, additions or deletions to the terms of this Contract which are required by changes in federal or state law are automatically incorporated into this Contract without written amendment to this Contract and shall be effective on the date designated by said federal or state law. XVI. NO THIRD -PARTY BENEFICIARY ENFORCEMENT. It is expressly understood and agreed that enforcement of the terms and conditions of this agreement and all right of action relating to such enforcement shall be strictly reserved to City and County and nothing contained in this agreement shall give or allow any claim or right of action whatsoever by any other person on this agreement. It is the express intention of City and the County any other entity other than City or the County receiving services or benefits under this agreement shall be deeded an incidental beneficiary only. SANDY LAKE ROAD PROJECT 91 -830 ILA XV1I. NO JOINT ENTERPRISE It is expressly understood and agreed that the contribution of funds a shown herein. is the total Rarticipation by County in the Investigation and such participation does not constitute a joint cnteIRrise between the Rarties. The City of Coppell, State of Texas, has executed the Agreement pursuant, to duly authorized City Council Resolution &02-1022- Minutes Dated the g day of 0a- The County of Dallas, State of Texas, has executed this agreement pursuant to Commissioners Court Order Number 2002 -2127 and passed on the 19th__day of November 2002 OF BY: TITLE ATTE T BY: CI SECRE YIATTORNEY COUNTY OF DALLAS BY: GARS LINER, COUNTY JUDGE APP MS AS TO FORM: � - 51�= BY: net R. Ferguson 1puty Chief, Civil Section Dallas County District Attorney SANDY LAKE ROAD PROJECT 91 -830 ELA 4 • AIR C L•l I ( OF L•UH-'tLL- LICAM. IAZI 1 o nsuxilfants, hica APAreolosic &1.ad En•irenrnenW Conwlrin; P.O. Box 80721, ad". Tox64 753820727 Phone: (21a) 3sa -0479 F= (214) 361 -6782 EWaa: 8Fcdgs0aoi.com PROPOSAL FOR ARCHAEOLOGICAL INVESTIGATION OF SANDY LAKE ROAD f fo ife.fi# 93-01 COPPELL, TEXAS Submitted w: CITY OF COPPELL P.O. Box 478 Coppell. Texas 75019 AR CONSULTANTS, INC. March 3, 2002 1 r . Alan Skinner, Ph.D. HISTORIC_ BUILDINGS A.R+_ HAWLOC•Y ?Z ATURAL S+- IET -NICE5 06/05/2002 13::4e (-I I r Lri l.U-th r-LL t1'ftift. Ltf'i . , jz J"uL,_tD4_i I.u. . .•_. ARCHAEOLOGICAL INYESPIOATIONALONGSAArDYLIA AOAD CITY OF COPPELL SANDY LAKE ROAD WIDENING (Kimbel Kourt to East City Limits) CULTURAL RESOURCES INVESTIGATION SCOPE OF SERVICES Introduction The City of Coppell is planning and permitting of the widening of Sandy Lake Road between Kimbel Kourt and the East City Limits adjacent to the Elm Fork of the Trinity River (Figure 1)_ Much of this area has been disturbed by previous road construction as well as gravel mining, drainage channelization, and recent housing developments. The area is entirely within the Elm Fork floodplain. A prehistoric archaeological site, 41DL12, was recorded south of the road in 1940 and more recently C. Reid Ferring (1986:89 -92, 244 -246) evaluated a deeply buried deposit that he correlated with this same site. The primary purpose of testing is to determine if site 4 l DL 12 extends north to the area of proposed widening of Sandy Lake Road just west of the Elm Fork. AR Consultants, Inc. (ARC) is pleased to submit this Scope of Services in order to allow the City of Coppell to satisfy federal and state requirements with regard to the discovery and evaluation of cultural resources that may be present within the project area. The purpose of the study will be to determine if cultural resources are present within the proposed project corridor, to assess the significance of any historic or prehistoric resources present, and to make recommendations about how to mitigate the loss of any cultural resources deemed significant. ARC proposes to conduct the following tasks (Tasks 1 -6) to complete this project. The proposed cost is also included_ AR CONSULTANTS. INC. ZS/05/2002 13:40 CITY OF CCPPELL EN6R. DEPT. i ':�214b5,3b44b I'IU . ( (J LIOU4 . 2 ARCMEOLOCICAL mry MGATtoNALONG sAvZ)Y'AKEROAD 86/05/2002 13:40 1.1 I T L.M- ARCHAEOLOGICAL 1NYLMGArIONALONGS4NDYL4JW JtOAJ) Task JDescriRtions Ta3L1_* Obtain TAC Permit Prior to initiation of fieldwork, Dr. Skinner will secure an Antiquities Permit from the Texas Historical Commission (THC). The permit will be between ARC And TIC, but will require the signature of a City of Coppell official or their representative. We will request a one -year permit. Task Z: Archival Evaluation of the Study Area ARC has conducted archival research on past land use of the road route and bas presented this information to the THC. The review includes various maps, photographs, books, and records available in Dallas County. We have also contacted avocational archaeologists about unrecorded prehistoric archaeological sites in this part of the Elm Fork. a: 3• Cultural Resources Survey The study area will be walked in its entirety in order to locate exposed surface artifacts and to record the presence of mussel shells, burned animal bone, and other evidence of prehistoric occupation which may be buried under the surface and have been exposed by past land disturbances. Shovel - testing may be done in these areas, but backhoe trenching will be used to explore for buried deposits to determine if recorded prehistoric site 41DL12 extends into the road corridor. At present we anticipate that the site does not extend into this area. It is expected that we will excavate a minimum of four backhoe trenches as part of this investigation. The backhoe and operator will be provided by the City of Coppell. Each trench will be profiled and inspected for evidence of buried cultural materials and ancient soil horizons. The Quaternary deposits of the Elm Fork floodplain are poorly recorded (Fening 19") and it is our opinion that the potential of discovering in -place archaeological deposits like the Aubrey Clovis site is low but shell - lens and midden deposits are possible. Task A: Laboratory Analysis Laboratory analysis will progress along with the tasks outlined above. Interim analyses will be conducted during the tasks and results that are critical to the scheduling of the project will immediately be transmitted to the City of Coppell. Laboratory analysis will include the preparation of artifacts and records for permanent curadon as well as the description of the artificis and other cultural evidence discovered during survey and testing. This also includes the preparation of maps, photographs, and records generated during Task 2. AR CONSULZOM INC. Jb UD. "d Wt 16:44 L.1 I 7 LA L,Ut-" C LL Ls 61-9, UL "F 1 J l Y4iJ Wti 1 ANCHAEOLOGICAL 1NYrSTIGATIONALONG SAND Y LAKE AOM 4 Task S., Comprehensive Report This task will involve the preparation of a Complete draft report that will be submitted to the review agencies after review by the City of Coppell. The draft report (2 Copies) will be submitted to the City of Coppell, the Corps of Engineers, and Texas Historical Commission for review. After review and satisfactory responses to the review agencies, 20 copies of the final report will be submitted to the Texas Historical Commission as per the terms of their permit. Five copies will also be submitted to the City of Coppell for distribution as they see fit. Task : Artifact/Record Curation The permanent curation of the artifacts and records generated by this investigation will be arranged with the Department of Anthropology at Southern Methodist University. This repository is approved by the Texas Historical Commission for permanent curadon. The cost of this curation is included. Sc ARC is prepared to begin work on Ws investigation immediately upon receiving A Notice -To- Proceed. During the first week, ARC expects to secure the Antiquities Perrot (Task 1). Task ? has been essentially completed. The cultural resources survey (Task 3) should begin no later than week 3 and should take no more than one week to complete, assuming good weather. Backhoe trenching will then be carried out during the same or the following week. Tasks 4 and 5 will begin just as soon as Tasks 3 is completed and the results of Task 4 into the report will be incorporated just as soon as they are available. It is anticipated that the draft final report can be submitted for review no later than 3 weeks after the fieldwork is completed. The Commission generally requires a month for draft report review. The revised final report should be completed no longer than two weeks after the reviewed draft are returned. Deliverables The draft and final reports are the major deliverable product OP this investigation. We will also prepare field and laboratory records so that they we available for review, if needed, and they will be presented to the curation facility at the and of the investigation. 3utfine We propose the following staffing for this project: S. Alan Skinner. Ph.D. will serve as Principal Investigator and as Principal Investigator and Project Archaeologist. He will be assisted by Lance K. Trask, Floyd D. KM and Jesse Todd. Resurna are available. AR CONSULT-OM, INC. vejoiuJ /aOue 1 -J7-+d Lt 11 u • ARCMAZOLOclr,4r, INVESUGATIONALONC,l.I VPY L xE AO 5 CMI This Investigation *IU be carried out by ARC for the lump sum of S 6,000.100. Half will be billed when the fieldwork is completed, the remainder when the draft report has been approved by the Texas Historical Commission. City ager Ciry f Coppell, TX &i=.lr i S, an Skinner, PhD Date President AR Consultants, Inc. AR COMULTAMSJ M. CJ�J/ YJ J/ GI.�JG 1J.-4 J ARCHAKOLOGICALjjVV& 77GATr0NAL0NGSANDy1.lJIMROAD d Relevant References Fearing. C. geld 1916 Leto Quaternary G eulogy and Environments of the Upper Trinity Basin. Ii1 An A.vrsrmeW Quin Caltaral Resources in the 7Wnky Ras7n, Dallas, Tarrant, and Denton Countlet Texan- edited by Bonnie C. Yates and C. Reid Fearing, pp. 32 -112, North Texas State University, lastitxte of Applied Sciences. i 990 Late Quaternary Geology and Gcoarch malogy of the Upper Pinny Rh-er Dralnag�e Barf %can Geological Society of America, Field Trip 011 Guidebook. Lorrain, Paul and An 1001 prehistoric Occupation of Lower Denton Creek 77m Record 50:60.77. PnW, Daniel J. 1990 Lower Elm Fork Prehirtary, a Redeflnidorr of Culntral ConaPts and Chronologies atoms the Trinity River, North- Central Tatar. Texas Historical Commission, office of the Satre Archeologist, Report 37. Skinner, S. Alan 1971 Arehnaeologieal Immatigollon of the RJ. Mclnnish Munk"t Park AR Consultant, Cultural Resources Report 78-4. 1999 Culrurai Resources Investigation as Am*ew Brown Communtry Park CoPPell, Tsar. AR Consultants, Cultural Resources Report 99.8. 1999 CmIjural Resources Incident at the Sandy Lofts Rood Swale, Carrathan, Team'. AR Consultant. Cultural Resources Report 99.21. Skinner, S. Alan, Jeffrey J. Richrier, and Mary R. Johnston 1971 Dallas Archaeological Potential, Procedures for Locating and Evaluating Prehistoric Resources. Southern Methodist University, Archaeology Research Program, Research Report 111. Trask, Lance K., Brenda R. Whorton, and S. Alan Skinner 1996 Archaeological Survey of the Proposed Swale Area in Melnnish Park Carrollro t Texas. AR Consultants, Cultural Resources Report 96.4. pace SaWyt.akeCowil AR CONSUL FANM INC.