Number 39AGENDA REQUEST FORM
T H E - C 1 T Y • O F
COPPELL
T p
DEPT; Engineering
DATE: August 26, 2008
ITEM #: 15
WORK SESSION 1:1 CONSENT El REGULAR
ITEM TYPE: CONTRACT /BID or PROPOSAL
ITEM CAPTION:
Consider approval of an Interlocal Agreement between the City of Coppell and the City of Lewisville for construction
of a traffic signal at the intersection of Denton Tap Road and Highland Drive; and authorize funding in the amount of
$169,264.46 for construction; and authorizing the Mayor to sign and to execute any necessary documents.
GOAL(S):
vECUTIVE SUMMARY:
Approval of the agreement will allow for the construction and maintenance of a traffic signal at the intersection of
Denton Tap Road and Highland Drive, north of SH 121.
FINANCIAL COMMENTS:
Funds are available in Roadway Impact fees for this agreement. (Zone 1 1)
RECOMMENDED ACTION:
Staff recommends approval of the interlocal agreement with
Lewisville.
ACTION TAKEN BY COUNCIL:
PROVED BY
CITY COUNCIL
ON 3O VE, DATE
Motion to Approve
M - Brancheau
S - Hunt
Vote - 6 -0
�► Libby Ball
Franklin absent
A
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1'08'
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# Interlocal for Highland Signal
STATE OF TEXAS §
§ INTERLOCAL AGREEMENT
COUNTIES OF DALLAS AND DENTON §
This Interlocal Agreement ( "Agreement ") for the Design, Installation, and Maintenance
of a Traffic Signal at the intersection of Denton Tap Road and Highland Drive (the "Project') is
made and entered into by and between the City of Coppell, Texas, a municipal corporation
located in Dallas County, Texas ( "Coppell "), and the City of Lewisville, Texas, a municipal
corporation located in Denton County, Texas ( "Lewisville "). (Lewisville and Coppell shall
hereafter be collectively referred to as "the Cities ").
WHEREAS, the Cities mutually desire to enter into an interlocal agreement to provide
for the installation of a traffic signal at the intersection of Denton Tap Road and Highland Drive
which lies partially within each City; and
WHEREAS, Chapter 791, TEXAS GOVERNMENT CODE, as amended (the "Act'), provides
authorization for municipalities to contract with one another for the performance of
governmental functions and services under the terms of the Act; and
WHEREAS, Coppell shall provide funding for the entire Project from current revenue
or other lawfully available funds; and
WHEREAS, it is mutually understood that the sole purpose of this Agreement is to
provide for the installation and future maintenance of a traffic signal that is partially located
within each City; and
WHEREAS, it is mutually advantageous to both parties to enter into this Agreement;
NOW, THEREFORE, for and in consideration of the mutual covenants, terms and
conditions set forth herein, and the mutual benefits to each party, the receipt and sufficiency of
which are hereby acknowledged, the Cities hereby contract, covenant, warrant and agree as
follows:
I
ADOPTION OF PREAMBLE
All of the matters stated in the preamble of this Agreement are true and correct and are
hereby incorporated into the body of the Agreement as though fully set forth in their entirety
herein.
II
OBLIGATIONS OF THE PARTIES
2.01 The Cities have independently reviewed the plans for the Project and concur that
the Project is needed for safe traffic movement at the intersection.
Interlocal Agreement — Traffic Signal at Denton Tap Road and Highland Drive
Page 1
2.02 The Cities agree that Coppell shall cause the construction of the Project solely at
Coppell's cost.
2.03 The Cities agree that each respective city shall review and approve all
construction plans and specifications for the Project.
2.04 The Cities agree that each respective city will be responsible for pursuing the
relocation of public utilities within their city necessary for the construction of the Project.
2.05 The Cities agree that Lewisville will provide construction inspection for the
Project, both in Coppell and Lewisville.
2.06 The Cities agree that Lewisville will provide ongoing maintenance for the
Project, including the portion within Coppell. Such maintenance shall include but not be limited
to: standard scheduled maintenance; necessary equipment replacement or upgrade; or emergency
and unscheduled equipment failure repair.
2.07 The term of this Agreement shall be for a period of one year beginning on the last
date of execution hereof and shall thereafter renew for successive terms of one year each. Either
party may terminate this agreement by giving the other party six month advance written notice
thereof.
III
INDEMNIFICATION AND HOLD HARMLESS
3.01 LEWISVILLE AGREES TO, THE EXTENT ALLOWED BY LAW, TO INDEMNIFY
AND HOLD COPPELL HARMLESS FROM ANY CLAIM BY A THIRD PARTY FOR DAMAGES ARISING
FROM OR RESULTING FROM THE CONSTRUCTION OF THAT PORTION OF THE PROJECT LYING IN
LEWISVILLE.
3.02 COPPELL AGREES TO, THE EXTENT ALLOWED BY LAW, TO INDEMNIFY
AND HOLD LEWISVILLE HARMLESS FROM ANY CLAIM BY A THIRD PARTY FOR DAMAGES
ARISING FROM OR RESULTING FROM THE CONSTRUCTION OF THAT PORTION OF THE PROJECT
LYING IN COPPELL.
3.03 HOWEVER, THE INDEMNIFICATION AND HOLD HARMLESS CONTAINED HEREIN
SHALL NOT BE DEEMED A WAIVER OF ANY SOVEREIGN IMMUNITY ALLOWED PURSUANT TO TEX.
CIV. PROC. & REM. CODE, SECTION 101.001 ETSEQ., OR OTHERWISE.
IV
NOTICES
Any notice required to be given under this Agreement shall be deemed to have been
adequately given if deposited in the United States mail in an envelope with sufficient postage
and properly addressed to the other party as follows:
If to Lewisville:
If to Coppell:
Interlocal Agreement — Traffic Signal at Denton Tap Road and Highland Drive
Page 2
City of Lewisville City of Coppell
P.O. Box 299002 P. O. Box 9478
Lewisville, Texas 75029 -9002 Coppell, Texas 75019
Attention: City Manager Attention: City Manager
A change of address may be made by either party upon the giving of ten (10) days prior
written notice.
V
MISCELLANEOUS PROVISIONS
5.01 This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective successors and assigns.
5.02 This Agreement constitutes the sole and only agreement of the parties hereto and
supersedes any prior understandings or written or oral agreements between the parties respecting
the subject matter hereof.
5.03 This Agreement may be amended or modified only by the mutual agreement of
the Cities. Such amendment or modification must be in writing, signed by an authorized agent
for the signing City and attached to and incorporated into this Agreement.
5.04 All payments made hereunder shall be payable from funds currently available to
the respective Cities.
5.05 This Agreement may be executed concurrently in one or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute one and the same
instrument.
5.06 If, in case anyone 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 shall not affect any other provision hereof and this Agreement
shall be construed as if such invalid, illegal or unenforceable provision had never been contained
herein.
5.07 The Cities agree that if legal action is brought under this Agreement, exclusive
venue shall lie in the Courts of Denton County, Texas, and its terms or provisions, as well as the
rights and duties of the Cities hereunder, shall be governed by the laws of the State of Texas.
5.08 Each party hereto warrants that it has received authority from its governing body
to enter into this Agreement.
Interlocal Agreement — Traffic Signal at Denton Tap Road and Highland Drive
Page 3
EXECUTED this day of ,P '2008.
CITY OF LEWISVILLE, TEXAS
IM
//
Claude King, CITY MAXAGER
ATTEST:
r � '
Julie einze, CITY SECRETARY
APPROVED AS TO FORM:
By:
Ronald J. eiman, CITY ATTORNEY
(nterlocal Agreement — Traffic Signal at Denton Tap Road and Highland Drive
Page 4
EXECUTED this :Wdy of ► 2008.
CITY 9W COP1�sELL,
By;
Doug N. Stover, MAYOR
ATTEST:
B
': 4iby Ball, Y SECRETARY
Interlocal Agreement — Traffic Signal at Denton Tap Road and Highland Drive
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