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Number 12ITEM CAPTION: AGENDA REQUES•i• FORM 1998 ITEM # Consider approval of a Supplemental Interlocal Agreement between the City of Coppell and Dallas County concerning the construction of the Sandy Lake Road bridge over the .Elm Fork of the Trinity River; and authorizing the Mayor to sign. APPROVED BY CITY COUNCIL SUBMITTED BY: Kenneth M. Griffin, P.E. DATE y- �Y - - - -- TITLE: Director of Engineering and Public Works STAFF RECOMMENDS: APPROVAL STAFF COMMENTS: Dallas County recently opened bids for the construction of the Sandy Lake Road bridge over the Elm Fork of the Trinity River. Portions of the construction lie in Carrollton, Dallas and Coppell. The Supplemental Agreement provides for the City of Coppell to provide funding for the portion of the bridge attributed to Coppell. There are two aspects to the funding: 1) the majority of the funding ($482,501) is a transfer from bond funds approved by Dallas County in 1991 for the construction of Sandy Lake/Belt line Road. This funding offsets the percentage of the roadway which lies strictly within the City of Coppell; 2) the other portion of the funding is $17,763. This dollar amount is for the construction of a sidewalk along a portion of Sandy Lake Road and for other normal reimburseable items. The bridge itself is being constructed as a six -lane bridge and as Council may recall from years past, the outer lane will allow bicyclists and/or predestrians to cross the bridge in a safe manner to access McInnish Park. Staff recommends approval of this Supplemental Interlocal Agreement between Dallas County and the City of Coppell which will allow for a transfer of $482,501.00 from the approved Dallas County bond funds and a cash payment to Dallas County in the amount of $17,763.00 and authorizing the Mayor to sign. Staff will be available to answer any questions at the Council meeting. BUDGET AMT. $ AMT. EST. $ +/_ BUD :$ FINANCIAL COMMENTS: Funds are available in the 1995 Street CIP accounts for the payment required to Dallas County. DIR. INITIALS: FIN. REVIEW: (3 CITY MANAGER REVIEW: Agenda Request Form - Revised 3/98 Document Name: #eng.1 DALLAS COUNTY PUBLIC WORKS or May 8, 1998 Mr. Ken Griffin, P.E. City Engineer City of Coppell P.O. Box 478 Coppell, Texas 75019 ��' I e t,, °13 0i A Re: Sandy Lake Project 91 -838 ( Coppell E. City Limits to Dallas City Limit) Transmittal of City \County Agreement Dear Mr. Griffin: Attached is one original of the subject agreement and a copy of Court Order 98 -802 dated April 21, 1998 authorizing same for your records and use. If you have any questions, please advise. Sincerely, n .a. P.E. hn o L. Mears, P.E. Project Engineer j cn 40� r1e:Cwf=.tM 411 Elm Street, 4b Floor Dallas, Texas 75202 (214) 653 -7151 O ER NO. V X702 ')ATE APR 21 1998 STATE OF TEXAS COUNTY OF DALLAS COURT ORDER COUNTY AUDI R 3.2 FUNDS AVAILABLE 4 BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas, held on the 21st day of April , 1998, on motion made by Mike Cantrell, Commissioner of District No. 2 , and seconded by John Wiley Price, Commissioner of District No. 3 , the following order was adopted: WHEREAS, the matter set forth below was presented to Commissioners Court in briefing on April 14, 1998; and WHEREAS, the 1991 Thoroughfare Bond Program included funding for design and construction on Sandy Lake Road from Coppell City Limits to Carrollton City Limits, Project 91 -838, in the City of Dallas in District No. 1; and WHEREAS, in order to provide funding for the project the City of Carrollton and the City of Coppell have executed the attached Supplemental City /County Agreements with the City of Carrollton providing funding in an amount of $2,791,261 and the City of Coppell providing funding in an amount of $17,763; and WHEREAS, bids were received for the project on January 22, 1998 with Ramex Construction Company, Inc., submitting the lowest and best bid in the amount of $7,968,091.51; and WHEREAS, it has been determined that adjacent phases of the Sandy Lake Road (Projects 91- 830 and 91 -839) would benefit from the proposed paving and drainage construction, thereby necessitating the transfer of funds in the amount of $2,812,205 from the Sandy Lake Road Project 91 -839 for the portion of the project benefiting Carrollton and $482,501 from the Belt Line Road Project 91 -829 for the portion of the project benefiting Coppell; and WHEREAS, when future bond sales generate funds, the Belt Line Road Project will be reimbursed; and WHEREAS, the Director of Public Works concurs with the amount of the bid and recommends that a contract be awarded to Ramex Construction Company, Inc., in the amount of $7,968,091.51 and that the County Judge execute the attached Supplemental City /County Agreements. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Dallas County Commissioners Court that the County Judge is hereby authorized and directed to execute the attached Supplemental City /County Agreements with the City of Carrollton in the amount of $2,791,261 and the City of Coppell in the amount of $17,763 for the Sandy Lake Road Project 91 -838; IT IS THEREFORE FURTHER ORDERED, ADJUDGED AND DECREED by the Dallas County Commissioners Court that the County Judge is further hereby authorized and directed to execute a construction contract for the Sandy Lake Road Project 91 -838 with Ramex Construction Company, Inc., in the amount of $7,968,091.51 to be paid: $1,864,361.51 from Bond Fund 414, Project 838, Sandy Lake Road, Code 831, Construction, Category 4, 1,791,261.00 from Bond Fund 414, Project 838, Sandy Lake Road, Code 831, Construction, ,tegory 6 to be reimbursed by the City of Carrollton, $17,763.00 Bond Fund 414, Project 838, Sandy Lake Road, Code 831, Construction, Category 6 to be reimbursed by the City of Coppell, �-1 $2,812,205.00 from Bond Fund 418, Project 838, Sandy Lake Road, Code 831, Construction, Category 4 subsequent to a transfer from Bond Fund 418, Project 839, Sandy Lake Road, Code 831, Construction, Category 4, and $482,501.00 from Bond Fund 418, Project 838, Sandy Lake Road, Code 831, Construction, Category 4 subsequent to a transfer from Bond Fund 418, Project 829, Belt Line Road, Code 831, Construction, Category 4. DONE IN OJEN COURT, this the 21St date F PA D Wi Ji J DiAtr of April , 1998. kson Mike Cantrell ct 1 District Kenneth A. fi /d- District 4 Recommends I � For Approv 1: IL Ki dl� Allen Bud Beene, P.E. Director of Public Works THE STATE OF TEXAS Q Q COUNTY OF DALLAS Q SUPPLEMENTAL CITY /COUNTY AGREEMENT WHEREAS, the City of Coppell, Texas, hereinafter called "City" and the County of Dallas, Texas, hereinafter known as "County ", desire to enter into an agreement for the construction of the paving and drainage improvements in conjunction with the County's Sandy Lake Road Project No. 91 -838, a six lane bridge over the Elm Fork of the Trinity River along with appropriate transitions and park improvements, in the City of Coppell and the County of Dallas, Texas; and WHEREAS, Chapter 791 of the Texas Government Code provides authorization for any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; WHEREAS, funding for the Sandy Lake Road Project is authorized by the 1991 Dallas County Transportation Bond Program and as authorized in Court Order 93 -1295 dated July 23, 1993; NOW THEREFORE, this agreement is hereby made and entered into by City and County for the mutual consideration stated herein: W I T N E S S E T H I. City hereby requests County to provide construction of City owned water and wastewater improvements, fence replacements and /or improvments requested by the City, in the City of Coppell and County of Dallas as specified in "Attachment All in an amount estimated to be $17,763.00; and II. City hereby agrees to provide all funding for the cost of the City requested items and normal reimbursables. City hereby agrees Sandy Lake Road Project 91 -838 - Coppell ILA Page 1 to be responsible for any additional funding necessitated by change order, or for any increase in the quantity of City's items with prior approval by City. Prior approval by City for adjustments in City funding shall be by duly authorized supplemental agreement, in accordance with the Charter and ordinances of the City of Coppell. III. City shall establish in escrow, subsequent to bid opening and prior to award of a contract, the funding necessary to award a contract based on the unit bid prices for the quantities of work included in the bid proposal as approved by City. The County will bill the City on a monthly basis based upon actual City funded work performed during the month. IV. County agrees that it will not make any payment, progress or final, to the contractor performing the City's items of work until approved in writing by the City. County agrees that all payments , to the contractor shall be based on measured elements completed as furnished to the County. V. County and City agree and acknowledge that each entity is not an agent of either of the other entity and that each entity is responsible in accordance with the laws of the State of Texas for its own acts, forbearance, negligence and deeds, and for those of its officers, agents or employees in conjunction with the performance of work covered under this Agreement. Vi. County hereby agrees to advise City of any and all design changes and construction change orders occurring during the construction. Funding for all change orders shall be in accordance with Sections II through V hereinabove. VII. County hereby agrees to credit City for any decrease in cost upon completion and final acceptance of the work by the City and to return to City all funds provided but not used for the work under Sandy Lake Road Project 91 -838 - Coppell ILA Page 2 this Agreement. VIII. Notice. Any notice provided for in this Agreement to be given by either party to the other shall be required to be in writing and shall be deemed given when personally delivered, or two (2) business days after being deposited in the United States Mail, postage prepaid, certified, return receipt requested, or registered addressed as follows: To County: County of Dallas Director of Public Works Dallas County Administration Building 411 Elm Street, Fourth Floor Dallas, Texas 75202 -3389 To City: City of Coppell Ken Griffin, P.E. City Engineer City of Coppell P.O. Box 478 Coppell, Texas 75019 Either party may change its address for notice by giving the other party written notice thereof. IX. Assignment. This Agreement may not be assigned or transferred by any party without the prior written consent of the other party. X. Binding Agreement; Authority; Parties Bound. This Agreement has been duly executed and delivered by all parties and constitutes a legal, valid and binding obligation of the parties, their successors and permitted assigns. Each person executing this agreement on behalf of each party represents and warrants that he /she has full right and authority to enter into this Agreement and each person signing on behalf of a corporation, if any, is authorized to do so. Sandy Lake Road Project 91 -838 - Coppell ILA Page 3 XII. Amendment. This Agreement may not written instrument specifically referring signed by the parties hereto. --0,. be amended except in a to this Agreement and XIII. Applicable Law; Venue. This Agreement shall be expressly subject to the sovereign immunity of County and the governmental immunity of City, Title 5 of TEXAS CIVIL PRACTICE AND REMEDIES CODE, 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. XIV. Number and Gender. Words of any gender used in this Agreement shall be held and constructed to include any other gender and words in the singular shall include the plural and vice versa, unless the context clearly requires otherwise. XV. Effective Date. The Effective Date of this Agreement shall be the date it is executed by the last of the parties. Reference to the date of execution shall mean the Effective Date. XVI. 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. XVII. Severability. In the event that one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability of this Agreement shall be construed as if such invalid, illegal or unenforceable provision Sandy Lake Road Project 91 -838 - Coppell ILA Page 4 had never been contained herein, but shall not affect the remaining provisions of this Agreement, which shall remain in full force and effect. XVIII. Entire Agreement. This Agreement embodies the complete agreement of the parties, superseding all oral or written previous and contemporary agreements between the parties and relating to matters in this Agreement and, except as otherwise provided herein, cannot be modified without written supplemental agreement of the parties to be attached to and made a part of this Agreement. Executed as of the Effective Date. COUNTY OF Ry: Lee F ',/ 01 Date on, County Judge APPROVED AS TO FORM: By: John Dahill, Advi ory Chief, Civil cti n, Assista t District Attorn y q- � - l3 Date CITY OF COPPELL /-/- /ss -y� Date Sandy Lake Road Project 91 -838 - Coppell ILA Page 5 SANDY LAKE ROAD PROJE,- 91438 (Coppell City Limits to Carrollton City Limits) FUNDING ALLOCATION SUMMATION 1. Total Project Cost Low Bid Amount $7,963,092 Partnering $5,000 Design $217,000 Administration $499,000 Contingencies (396) $238,893 Testing $75,000 TOTAL PROJECT COST $8,997,985 2. Normal Reimbursables TOTAL PROJECT COST $8,997,985 CARROLLTON - cost of park construction and normal reimbursable items $2,791,261 COPPELL - cost of new sidewalk and normal reimbursable items $17,763 AMOUNT TO BE FUNDED BY COUNTY 66,188,961 3. Funding Allocations TOTAL COUNTY FUNDING CAMILMN COPPELL 66918x,961 NEEDED Project 91 -838 Authorization $2,965,000 Transfer from 91 -830 - $482,501 Benefit to Coppell project Transfer from 91 -839 at Carrollton's $720,100 Request (Lengthened bridge) Transfer from 91-839 - $423,281 Benefit to Carrollton project (Paving and Grading) Transfer from 91 -839 - $396,824 Benefit to Carrollton project (Drainage) Transfer from 91 -839 - $1,272,000 Scope reduction per Carrollton's request 1 TOTALS $2 ,812,205 L $482,501 $2,965,000 +[670,745] �y q► ATTACH MENT 'A DALLAS COUNTY "• b PUBLIC WORKS March 2, 199$ Mr. Ken Griffin, P.E. City Engineer City of Coppell P.O. Box 478 Coppell, Texas 75019 Re: Sandy Lake Project 91 -838 (Coppell E. City Limits to Dallas City Limit) Funding Requirements Dear Mr. Griffin: In response to your question posed during our February 23, 1998 meeting on the subject project, the following is offered. The total length of the project is 2650 linear feet of which 570 linear feet is in Coppell, 1580 linear feet is in Dallas and 500 linear - feet is in Carrollton. The proportion in each city expressed in percentages is as follows: City of Compell 21.51% City of Dallas 5972 City of Carrollton 18.87% Total 100.00% The above calculation depicts how much of the normal grading, paving and drainage project costs would be allocated from three separate cities. In order to arrive at a representative project cost attributable between the cities, certain cost components that are directly accountable from the adjacent projects or project specific items are listed below. 1. Sidewalk in C = ell and between the brid e and the park entrance (91- o , Coppe __.. $11,211 2. Permanent fence at Ag. Center and TU property $20,946 (91 -830, Coppell) ' 3. Perm. fence and gates for Taber Property (91 -8390, Carrollton) $9,045 4. 66" storm sewer Line from Carrollton and flap gate headwall (91 -839, Carrollton) $350,000 Total Project Specific items $391,202 31 Construction costs for the grading, paving and drainage of the 411 Elm Street, 4* Floor Dallas, Texas 75202 (214) 653 -7151 AI-McuMENT % A' Mr. Ken Griffin, P.E. March 2, 1998 Page Two Sandy Lake Road Project 91 -838 (bridge) excluding the bridge items but including all of the project specific items is $2,634,346. Subtracting the project specific items results in a grading, paving and drainage cost of $2,243,144 ($2,634,346 - $391,202). To determine the amount of Sandy Lake Road Project 91 -838 (bridge) which can be attributed to the other Sandy Lake Road projects by City we have multiplied the above number by the percentage of project length or $2,243,144x 21.51% - $482,501. . 3 Therefore, $482,501 of the Sandy Lake Road Project 91 -838 as bid is eligible for funding from the portion of County 1991 Bond Funds set aside for the Sandy Lake Road Project 91 -830 (from MacArthur Boulevard to Coppell East City Limits). You will note from the attached bid tabulation that the amount for Item 5899 Pavestone Brick Pavers res2ested by the CitX of Coppell as shown In S e u e III is $6"552. in addition, the amount or slaeUSIX in onne an UNan rngb ..e r entrance equals $11, 11. -These wo ems n It is hoped that the above answers the remaining questions you may have had regarding the funding for the subject project. Sincerely, P. E . John L. Mears, P.E. Project Engineer WOM rmewfim.un