Number 19Y -" s : ` ' 7 Y ' ° F AGENDA REQUEST FORM
COPPELL
CITY COUNCIL MEETING: March 19, 2002 ITEM #
ITEM CAPTION: Consider approval of a FY 2001 Dallas County CDBG Project Implementation
Agreement between the City of Coppell and Dallas County for fire hydrant installation within the Golden
Triangle Mobile Home Park; and authorizing the Mayor to sign.
SUBMITTED
TITLE
STAFF COM
See attached memo.
Kenneth M. Griffin, P.E.
Director of Engine_ ublic Works
BUDGET AMT. $ AMT. EST. $
FINANCIAL COMMENTS:
APPROVED
BY
CITY COUNCIL
DATE .1-/9-112-
+\ -BID $
Funds for this project are being provided by Dallas County.
DIR. INITIALS: Kr FIN. REVIEW.-.;A CITY MANAGER REVIEW:
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Agenda Request Form - Revised 5 /00 Document Name: #engl- IAR.doc
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.9102
FY01 DALLAS COUNTY CDBG PROJECT IMPLEMENTATION AGREEMENT
COPPELL — FIRE HYDRANT INSTALLATION
I.
PARTIES TO AGREEMENT
This agreement (hereinafter referred to as the "Agreement") is made and entered into, by and
between Dallas County, Texas (hereinafter referred to as "County") and the City of Coppell, Texas
(hereinafter referred to as "City ").
II.
CONTRACT PERIOD
This Agreement shall be in effect from December 2001, and continue until the Project (more
particularly described in Paragraph III below) is completed or canceled, unless otherwise extended
with the mutual written consent of County and City or is terminated in accordance with Section XIV
of this Agreement or as otherwise directed by the U.S. Department of Housing and Urban
Development (hereinafter referred to as "HUD ").
III.
PROJECT DESCRIPTION
City shall utilize seventy-five thousand and two hundred eighty -two and zero/hundredth
dollars ($75,282.00) from its FY 2001 Community Development Block Grant (hereinafter referred
to as "CDBG ") allocation. This amount represents the total allocation from all CDBG sources and
shall hereinafter be referred to as the "Not to Exceed Amount" for the CDBG funded portion of this
Project.
This Project shall provide for the construction of a new 6" and 8" PVC watermain for the
Golden Triangle Mobile Home Park. The Golden Triangle Mobile Home Park is bordered by Coppell
Road to the east, Oak Grove Drive to the north, and Ruby Road to the south as shown on Exhibit
"A ", attached hereto and incorporated herein for all purposes. This complex houses approximately
one hundred thirty -six (136) residents of which seventy -five percent (75 %) are low -to- moderate
( "LW') income. The Project shall utilize CDBG and City funds to construct this watermain.
FY01 Dallas County Project Implementation Agreement Page 1
Coppell — Fire Hydrant Installation
IV.
PROJECT RESPONSIBILITIES
The responsibilities for this Project shall be shared between County CDBG Administration
(hereinafter referred to as "CDBG Admin ") and City as follows:
A. CDBG Admin:
Implementation Agreement Management: CDBG Admin on behalf of County shall manage
the CDBG portion of this Agreement and shall be the final signatory on all payments
regarding CDBG funded aspects of this Project;
2. Monitoring: CDBG Admin shall monitor the entire Project for compliance with all applicable
HUD regulations;
3. Design Phase Management: CDBG Admin shall employ an engineer who will (i) review and
approve with the assistance of the City a recommended consultant firm and negotiated fee;
and (ii) review and approve with the assistance of the City the preliminary and final plans,
documents and reports from the consultant;
4. Construction Phase Management: CDBG Admin shall assign an engineer and inspector who
shall be responsible for the general administration of the construction portion of this
Agreement to include the following: (i) monitor daily construction progress for the entire
Project; (ii) prepare monthly pay reimbursement requests in bid tabulated form for satisfactory
work performed by the contractor; (iii) coordinate with City and the Design Consultant Firm
to review and approve all shop drawings, requests for clarifications; and (iv) coordinate the
approval of change orders to be signed by both County and City; and
5. Notice to Proceed for Construction: A Notice to Proceed for construction (hereinafter
referred to as "NTP ") authorizing construction to commence shall be issued by CDBG Admin
when the following criteria have been met: (i) this Agreement has been fully executed by City
and County as described in Section XXVII of this Agreement; (ii) City opens a Dallas County
escrow account, if required, as described in Section VII of this Agreement; (iii) City submits
a Right of Way ( "ROW ") letter as described in Section IV.B.4 of this Agreement; and (iv)
City submits a Utility Coordination Letter as described in Section IV.B.6 of this Agreement.
No construction work shall be authorized or paid for from CDBG funds for work done prior
to the date of the NTP.
FY01 Dallas County Project Implementation Agreement Page 2
Coppell —Fire Hydrant Installation
B. City:
Costs: City shall be responsible for all costs in excess of the Not To Exceed Amount from the
CDBG allocation funds.. If the total Project costs exceed said amount then City hereby agrees
to open a Dallas County escrow account as described in Section VII of this Agreement. If
such funding is not available from City and City fails to open an escrow account then this
grant shall be rescinded, suspended, terminated, or the scope of the Project shall be reduced
at the sole discretion of County;
2. Design Phase Management: City will employ an engineer who will be responsible for the
general administration of the design portion of this Agreement. The engineer with assistance
from the County shall accomplish the following: (i) develop a Request for Qualifications
(hereinafter referred to as "RFQ ") for the engineering design; (ii) review and approve with
the assistance of the County a recommended consultant firm and negotiated fee; (iii) review
and approve preliminary and final plans, documents and reports from the consultant; and (iv)
pay the design consultant from available CDBG funds;
Construction Phase Management: City shall employ an engineer who shall be responsible for
the following: (i) approve change orders to be signed by both County and City; (ii) assist
County in resolving any construction related issues; (iii) attend periodic construction
meetings; and (iv) upon completion of Project be responsible for all future maintenance and
repairs related to this Project;
4. Right of Way Acquisition: Prior to the issuance of the NTP from County, City shall furnish
CDBG Admin a ROW letter stating that acquisition of ROW as necessary to complete
construction is complete and that no outstanding ROW issues remain;
Easement: City shall provide documentation to CDBG Admin of any existing easements that
may impact this Project in a timely manner;
6. Utility Coordination: Prior to the issuance of a NTP for the construction, City shall furnish
CDBG Admin a letter stating that all known utilities have been contacted, identified, and
relocated as necessary for the completion of this Project within the proposed ROW. If a
utility needs to be relocated then all costs for adjustment and /or relocation shall be the
responsibility of the utility owner or City,
7. Federal Guidelines: In addition, if applicable, City must ensure that the federal guidelines are
met as set forth in Exhibit `B" attached hereto and incorporated herein for all purposes.
FY01 Dallas County Project Implementation Agreement Page 3
Coppell — Fire Hydrant Installation
k"A
PROJECT OBJECTIVES
The objective of the Project is to install a new 6" and 8" PVC watermain as described above
in Section III. This Project will provide improved water service to a portion of the City currently
being serviced by an older and less reliable water distribution system. This Project increases the
health and welfare of a predominantly L/M income neighborhood.
VI.
PROJECT SCHEDULE
The approximate schedule for implementing this Project is set forth below. This schedule
may be revised without formal amendment of this Agreement; however, any changes to this schedule
must have the written consent of County CDBG staff for the amendment to be valid.
EVENT
DATE
Design Completed April, 2002
ROW & Utility Letters Submitted May, 2002
NTP of the Construction Contract July, 2002
Construction Complete October, 2002
2kil
PROJECT BUDGET
County shall not authorize any CDBG expenditures in excess of the Not To Exceed Amount
or reimburse City for any costs that are incurred, but disallowed, by County and HUD. The Not To
Exceed Amount for this Project shall be paid as described above in Section III from budgeted CDBG
funds. In the event that the cost of this Project, as currently described, exceeds the said amount, City
shall open a Dallas County escrow account. The specific amount to be deposited shall be the
difference in amount between the Not To Exceed Amount and the total Project cost as determined
from the accepted low construction bid. The amount of any change orders in excess of the Not To
Exceed Amount shall also be paid for from City's escrow account.
This escrow account shall be established and managed by County solely for this Project. At
the completion of the Project unless earlier terminated in accordance with Section XIV of this
Agreement, County shall conduct a final cost accounting. Any funds remaining after all invoices have
been paid shall be remitted to City.
FY01 Dallas County Project Implementation Agreement Page 4
Coppell — Fire Hydrant Installation
If additional City funding is unavailable to cover costs in excess of the Not To Exceed
Amount and City fails to open an escrow account then this grant shall be rescinded, suspended or
terminated, or the scope of the Project shall be reduced at the sole discretion of County.
VIII.
METHOD OF PAYMENT
CDBG Admin shall be responsible for the following: (i) authorize in writing any
costs/expenses of Project;. (ii) receive and review all invoices; and (iii) pay the authorized costs
associated with this Project. On the fifteenth (15`h) of each month, CDBG Admin will prepare a
monthly contract estimate for work performed from the 15'h of the previous month to the 15'h of the
current month.
PROGRAM INCOME
In the event that any program income is generated from this Project, this income should be
returned to /retained by County and administered in accordance with 24 CFR 570.504. Program
income shall be returned to County in the form of a check made payable to County CDBG Program,
Attn: CDBG Administrator. Any program income generated by this Project shall be reallocated to
City for other CDBG - eligible activities.
X.
REPORTING
All significant changes in the Project will be made in consultation with County and City. All
relevant field observations made by City or County personnel will also be promptly reported to both
entities.
M.
GENERAL ADMINISTRATIVE REQUIREMENTS
City and County shall comply with the uniform administrative requirements, as described in
24 CFR 570.502, as these requirements apply to each entity's Project implementation responsibilities.
FY0l Dallas County Project Implementation Agreement Page 5
Coppell — Fire Hydrant Installation
XII.
GENERAL ACCESSIBILITY AND RETENTION
City shall maintain and retain all CDBG application proposals, financial and programmatic
records, supporting documents, and statistical reports associated with this Project for a period of four
(4) years. However, if any litigation, claim, negotiation, audit or other action involving Project
records has been started before the expiration of this four -year period, then the records must be
retained until the completion of the action and the resolution of all issues which arise from it or until
the end of the regular four -year period, whichever is later.
HUD, or any of its authorized representatives, and County reserve the right to access any
pertinent documents, papers, reports, books or other records which pertain to this Project for the
purpose of conducting audits and /or making excerpts, examinations, and transcripts.
XIII.
OTHER PROGRAM REQUIREMENTS
City and County shall comply with the program requirements of Subpart K, 24 CFR 570 as
they apply to each entity's Project implementation responsibilities.
XIV.
SUSPENSION AND TERMINATION
If City materially fails to comply with any term of the CDBG award, in this Agreement or
elsewhere, pursuant to 24 CFR 85.43, County may take one or more of the following actions, as
appropriate under the circumstances:
Temporarily withhold cash payments pending correction of the deficiency by City or more
severe enforcement action by County in their sole discretion;
2. Disallow all or part of the cost of the activity or action not in compliance;
3. Wholly or partially suspend or terminate the current award for City's Project;
4. Withhold future awards for other projects; or
5. Take all other legal and equitable actions available to remedy the situation.
FY01 Dallas County Project Implementation Agreement Page 6
Coppell — Fire Hydrant Installation
Either party at their sole discretion, with or without cause, may terminate this Agreement
before its scheduled expiration date by notifying the other party in writing at least thirty,(30) days in
advance (24 CFR 85.44). Any outstanding obligations present at the time of the termination shall be
paid for from the remaining funds associated with this Agreement.
Xv.
HEARINGS AND APPEALS
In taking any of the enforcement actions cited above in Section XIV, County shall provide
City with an opportunity to appeal any termination/suspension decision and to present any relevant
information if City, within ten (10) days of receiving County's termination/suspension notice, requests
such an appeals hearing.
XVI.
REVERSION OF ASSETS
Upon the expiration of this Agreement, for whatever reason, City shall transfer any CDBG
funds that it may have on hand to County, as well as any accounts receivable attributable to this
Agreement and Project. In addition, any real property that was acquired or improved, in whole or
in part with CDBG funds in excess of twenty -five thousand dollars and zero /hundredths ($25,000)
shall be disposed or utilized, at County's discretion, in accordance with either 24 CFR 503 (8)(i) or
24 CFR 570.503(8)(ii).
Upon the expiration of this Agreement, for whatever reason, and after the County Auditor's
Office has conducted a final cost accounting, County shall transfer to City any escrow funds which
were provided by City as well as any accounts receivable to these escrow funds with respect to this
Agreement and Project.
XVII.
CHANGES OR AMENDMENTS TO AGREEMENTS
During execution of the Project, if the need arises which necessitates design changes, or any
other revisions that require additional work, City hereby agrees to be responsible for preparation of
the change notice and process such for approval by CDBG Admin.
County shall incur the cost of authorized change orders when the total Project costs, including
proposed change orders, are below the Not To Exceed Amount. City shall incur the cost of
authorized change orders when the total Project costs, including proposed change orders, are in
excess of the Not To Exceed Amount.
FY01 Dallas County Project Implementation Agreement Page 7
Coppell - Fire Hydrant Installation
City shall escrow with County, additional funds to cover all costs in excess of the Not To
Exceed Amount prior to the authorization of such contract amendments or related costs.
The terms of this Agreement may be changed or amended if said changes and amendments
are made in writing, executed by both parties of this Agreement and attached hereto.
MAUI$
LIABILITY
City and County agree and acknowledge that each entity is not an agent of the other
entity and that each entity is responsible for its own acts, forbearance, negligence and deeds,
and for those of its agents or employees in conjunction with performance of work covered
under this Agreement.
County agrees to be responsible for any liability or damages County may suffer as a
result of claims, demands, costs or judgments, including all reasonable attorneys' fees, against
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 County, its agents, officers and /or employees.
City agrees to be responsible for any liability or damages City may suffer as a result of
claims, demands, costs or judgments, including all reasonable attorneys' fees, against 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 corporation(s)
occurring during the performance of this Agreement and caused by the sole negligence of City,
its agents, officers and/or employees.
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 comparative
responsibility laws of the State of Texas.
FY01 Dallas County Project Implementation Agreement Page 8
Coppell - Fire Hydrant Installation
XIX.
UTILITIES
City agrees to require all utilities located within or using the present ROW, which conflict
with the proposed work, to adjust and /or relocate utilities prior to the commencement of
construction. All costs for adjustment and/or relocation of utilities in the public ROW shall be the
responsibility of the utility owner or City. In the event that the utilities are not adjusted and /or
relocated within a reasonable amount of time after written notification is received from County, City
shall initiate legal action to compel the adjustment or relocation of the utilities by the utility owner
or if necessary, to prevent delays in commencement or prosecution of construction of the Project,
shall itself adjust and relocate the utility. Prior to the issuance of the NTP for construction, all
activities mentioned in this section shall be completed and a letter forwarded to County by City
verifying this fact.
XX.
MAINTENANCE OF IMPROVEMENTS
City agrees to assume responsibility for the maintenance of the improvements associated with
this CDBG program upon final inspection and acceptance of the construction by County and City.
XXI.
EXCESSIVE FORCE CERTIFICATION
City certifies that it has adopted and is enforcing: a) a policy prohibiting the use of excessive
force by law enforcement agencies within its jurisdiction against any individuals engaging in
nonviolent civil rights demonstrations; and b) a policy of enforcing applicable state and local laws
against physically barring entrance to or exit from a facility or location which is the subject of such
nonviolent civil rights demonstrations within its jurisdiction.
City agrees to provide County with a copy of such policy, in the form of a local administrative
act, such as a written statement of policy by the local chief executive, an executive order, or a
regulation within the police department.
FY01 Dallas County Project Implementation Agreement Page 9
Coppell — Fire Hydrant Installation
ONI�
CERTIFICATION REGARDING LOBBYING
In accordance with Section 319 of Public Law 101 -102, the 1991 Department of Interior
Appropriations Act, City certifies, to the best of its knowledge and belief that:
No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of any agency, a member of Congress, an officer or employee of Congress, or an employee
of a member of Congress in connection with the awarding of any Federal contract, the making
of any Federal grant, the making of any Federal loan, the entering into of any cooperative
Agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative Agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, an officer or employee of Congress, or any employee of a member of
Congress in connection with this Federal contract, grant loan or cooperative Agreement, the
undersigned shall complete and submit Standard Form -LLL, A Disclosure Form to Report
Lobbying, in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all sub - awards at all tiers (including subcontracts, sub- grants, and contracts
under grants, loans and cooperative Agreements) and that all sub - recipients shall certify and
disclose accordingly.
XXIII.
NOTICE
Any notice required or permitted under this Agreement shall be given by certified mail,
postage prepaid, return receipt requested, addressed as follows:
TO COUNTY:
Rick Loessberg
Director of Planning and Development
Administration Building 3`d Floor
411 Elm Street
Dallas, Texas 75202
FY01 Dallas County Project Implementation Agreement
Coppell — Fire Hydrant Installation
TO CITY:
Candy Sheehan
Mayor
City of CoppelI
255 Parkway, P.O. Box 478
Coppell, Texas 75019
Page 10
XXIV.
SEVERABILITY
If any provisions of this Agreement shall be held invalid, void or unenforceable, the remaining
provisions hereof shall not be affected or impaired, and such remaining provisions shall remain in full
force and effect. It is not a waiver of default if the County fails to declare immediately a default of
the City or delays in taking action.
XXV.
ASSIGNMENTS
City shall not sell, assign, transfer or convey this Agreement in whole or in part, without the
prior written consent of County.
XXVI.
APPLICABLE LAW
This Agreement is expressly made subject to County's Sovereign Immunity, Title 5 of the
Texas Civil Remedies Code, City's Governmental Immunity, and all applicable State of Texas and
Federal Laws. This Agreement and all matters pertinent thereto shall be construed and enforced in
accordance with the laws of the State of Texas and venue shall lie exclusively in Dallas County,
Texas.
FY01 Dallas County Project Implementation Agreement Page 11
Coppell — Fire Hydrant Installation
XXVII.
FORMAL COURT APPROVAL
This Agreement is expressly subject to and contingent upon formal approval by the Dallas
County Commissioners Court.
By their signatures below, the duly authorized representatives of County and City accept the
terms of this Agreement in full.
EXECUTED THIS
JVEV AS TO FORM:
Janet Ferguson
Advisory Chief - Civil Section
_day of
2002.
BY: Candy
Mayor
FY01 Dallas County Project Implementation Agreement
Coppell -- Fire Hydrant Installation Page 12
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