Number 131- �
STATE OF TEXAS §
COUNTY OF DALLAS
SECOND SUPPLEMENTAL
INTERLOCAL AGREEMENT
BETWEEN DALLAS COUNTY AND CITY OF COPPELL
FOR BETHEL ROAD
FROM GRAPEVINE CREEK TO 200' WEST OF ROYAL LANE
WHEREAS, the City of Coppell, Texas, hereinafter called "City", and the County of
Dallas, Texas, hereinafter called "County", desire to enter into a supplemental interlocal
agreement for the purpose of additional improvements to Bethel Road, from Grapevine Creek to
Freeport Parkway, 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
I.
City has requested and County agrees to provide for additional necessary improvements
to Bethel Road, beginning at Grapevine Creek Bridge and ending at Freeport Parkway, 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 $72,710.00, hereinafter called the "Not to Exceed
Amount".
III.
City agrees to pay to County the sum of $50,500.00, the estimated cost of all materials,
as City's portion of the cost of the Project. The City currently has $23,958.53 remaining in
Account No. 120 -884 from previous work performed on Bethel Road under authorization of Court
Order Nos. 96 -034 and 96 -504. The City agrees to deposit the difference, $26,541.47, with
County, and County is authorized to expend the $50,500 for periodic payments of Project cost.
Due to the urgent nature of the work to be performed, the work is authorized to commence prior
to the receipt of the remainder of the City's share. The County's share of project costs will
consist of expenses for labor, equipment and administration, estimated at $22,210.00. In the
event the City is able to recover any portion of the costs of the work from a third party, it is
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agreed that the County will be reimbursed for its expenses on a pro rata basis.
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 traffic control materials
and personnel as requested by County for traffic control or other public safety matters, or to ask
the County to provide such services through its contractor, 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 attorney fees, against
the County, including worker 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 attorney fees, against the
City, including worker 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.
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,
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agdnts 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 City's payment of $50,500.00. Of this amount $23,958.53 is currently on
deposit with the County. It is agreed that construction on the Project may commence p rior to the
receipt by County of the remainder due to the urgent nature of the work. City shall be obligated
to pay to County the balance of $26,541.47 within fourteen (14) days from the execution of this
Supplemental Agreement.
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 legal action regarding this Agreement filed by either City or County shall be in Dallas
County, Texas.
The City of Coppell, State of Texas as executed the Agr
authorized City Council Resolution /1% /Q Minutes
day of , 1998.
The County of Dallas, State of Texas, has executed this
Commissioners Court Order Number 98 -1284 and passed
June , 1998.
CI
Attest:
l r4e 6ta
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eement pursuant to duly
dated the
agreement pursuant to
on the 23rd day of
COUNTY O LLAS
BY Y.
LEE F. JACK O , COUNTY JUDGE
Approved as to Form:
Attorney
/""w,61
Exhibit "A"
The City of Coppell initially requested the County's participation in reconstructing the south side
of Bethel Road, from Grapevine Creek Bridge to 200 feet west of the Royal Lane intersection,
at an estimated cost of $149,223.88, which was approved under Court Order No. 96 -034, dated
January 2, 1996. The project scope was increased to include the north side of Bethel Road for
an additional estimated cost of $90,000, which was approved under Court Order No. 96 -504. The
City deposited a total of $119,611.94 with the County for its 50% share of the expenses of this
work. The previously approved work has been completed, leaving a balance of $23,958.53 on
deposit. The City of Coppell has now requested the County's participation in reconstruction of
a portion of the south side of Bethel Road, from Grapevine Creek Bridge to Freeport Parkway,
which is necessitated by the settling of the sewer line installed by the City's contractor prior to
the earlier construction. This settling is creating voids and potholes in the new pavement. The
proposed work will consist of the following operations:
Scope:
Bethel Road
Grapevine Creek Bridge to Freeport Parkway
Total Square Yards
Materials:
H.M.A.0 (Type "D ") 590.0 Tons
Ton Mile Haul 590.0 X 12 Miles
Cement Treated Base 2,350.0 Tons
Recycled Asphalt Pavement 950.0 Cubic yards
Labor:
Rotomilling
CTB Application
Equipment:
Rotomilling
CTB Application
Administration:
Total:
5,333.0 SY
@ $28.00
$16,520.00
@ $.40
$2,832.00
@ $11.50
$27,025.00
@ $4.34
$4,123.00
$3,119.85
$6,345.00
$3,813.15
$7,755.00
$1,177.00
$72,710.00
The County agrees to rotomill approximately 5,333 square yards of existing asphalt and /or
concrete on the south side of Bethel Road, from Grapevine Creek Bridge west to Freeport
Parkway, to a depth of 8 ". This includes milling and hauling materials to County's CTB
contractor, at an estimated cost of $1.30 per square yard for a total of $6,933.
After the City's contractor prepares the subgrade, the County will apply cement treated base,
using material milled from the project as well as an estimated 950 cubic yards n RAP material
from the County's stockpile. The RAP material will cost $4.34 per cubic yard, and the CTB is
available from the County's supplier at $11.50 per ton.
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Tht CTB application portion of the project is estimated to cost a total of $45,248.00
The County will provide for the overlay of the project with 2" of Type "D" hot mix asphaltic
concrete (HMAC), to be laid in place by the County's annual contractor, at an estimated cost of
$19,352.00.
The City will pay for all materials costs, estimated at $50,500. Of this amount, $23,958.53 is
currently on deposit with the County in Account No. 120 -884 as a remainder from previous work
on Bethel Road. The City will provide the remaining $26,541.47 to the County as soon as
possible; however, due to the urgent nature of the work, construction may begin prior to receipt
of the remaining funds.
The County's share of expenses will consist of labor, equipment and administration (a percentage
of labor expense), estimated at a total of $22,210.
In the event that the City of Coppell is able to recover any of the expenses of this reconstruction
from the parties responsible for the initial sewer line installation, the County will be reimbursed
its pro rata share of these expenses.
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