Number 33AS�,�NDA REQUEST FORM
ITEM CAPTION:
T H E - C 1 T Y - O F
COPPELL
� b 1
DEPT: Engineering
DATE: February 28, 2006
ITEM #: 10 /11
Consider approval of a Resolution to amend the Interlocal Agreement with Northwest Dallas County Flood
Control District for sediment removal from box culverts beneath Riverchase Drive, as approved by City Council
on October 11, 2005, by revising the original cost of $45,529.30 to an amount of $87,929.82 as provided for in the
Drainage Utility District Fund; and authorizing the Mayor to sign.
APPROVED BY
CITY COUNCIL
GOAL( S): ON ABOVE DATE
EXECUTIVE SUMMARY:
Motion to Approve
Res.# 2006 - 0228.1
M - Peters
S - Tunnell
-7-0
• Libby Ball
2006.03.0
3 15:03:58
06'00'
Approval of a resolution to amend the original Interlocal Agreement will allow the contractor to continue with the
sediment removal project beneath Riverchase Drive.
Staff recommends approval of the resolution and will be available to answer any questions at the Council meeting.
FINANCIAL COMMENTS: Funds are available in the Drainage Utility Fund for this contract change.
Agenda Request Form - Revised 09/04 Document Name: #DCFCD Interlocal
T H E C 1 T Y O F
COPPELL
9
k A s i 8
MEMORANDUM
TO: Mayor and City Council
FROM: Kenneth M. Griffin, P.E., Director of Engineering and Public Works
DATE: February 28, 2006
REF: Consider approval of an amendment to the Interlocal Agreement with Northwest
Dallas County Flood Control District for sediment removal from box culverts beneath
Riverchase Drive, as approved by City Council on October 11, 2005, by revising the
cost associated with the original agreement of $45,529.30 to an amount of $87,929.82
as provided for in the Drainage Utility District Fund; and authorizing the Mayor to
sign.
On October 11, 2005 City Council approved an interlocal agreement between the City and
Northwest Dallas County Flood Control District ( NWDCFCD) for sediment removal from box
culverts beneath Riverchase Drive in an amount of $45,529.30. That agreement was the second
phase of the sediment removal project performed by the NWDCFCD on behalf of the City. The
first phase for sediment removal from box culverts beneath MacArthur Blvd. was approved by
City Council on March 8, 2005.
The contractor bid the second phase of silt removal from the box culverts beneath Riverchase
Dr., anticipating that he would encounter similar conditions as the first phase. However, when
the contractor attempted to remove the silt from the culverts beneath Riverchase Dr., he
encountered hard packed clay with just a thin layer of silt, whether than full depth silt like the
first phase. Because of the hard packed clay, the contractor was not able to use his machinery.
Therefore, the divers are being required to accomplish the work using traditional hand tools,
which takes additional time and labor. The contractor was already working on the silt removal
from box culverts #9 and 410, which are located near the curve in Riverchase Dr. by the golf
course clubhouse, when he encountered the different conditions. Because the contractor was
already mobilized and working, the NWDCFCD authorized the change in pricing so the
contractor could complete the work on culverts #9 and 410. Once that was complete, the
NWDCFCD contacted my office to inform me about the changed conditions and that the
contractor had requested additional compensation prior to proceeding with the silt removal from
the remaining two culverts 42 and # 14.
Prior to the contractor submitting a request for additional compensation, he evaluated culverts #2
and #14 and at that time noticed not only that the conditions were similar to the prior two
culverts, with hard packed clay, but also that the quantity of the silt to be removed was
approximately 65% more than anticipated. Therefore, not only is the cost to remove the silt
higher because of the hand method, but also the total quantity of silt to be removed is greater.
The NWDCFCD has requested that the City of Coppell consider an amendment to the original
interlocal agreement to adjust the cost to remove the silt from the city's box culverts. The
attached information shows that the original unit price was $41.77 /per cubic yard and the
adjusted price is $61.02 /per cubic yard. Also, the attached information shows that the
anticipated silt removal from culverts #2 and #14 was 520 cubic yards and the adjusted amount
from #2 and #14 is 871 cubic yards.
When the adjusted price and quantity is calculated, the NWDCFCD is requesting that the city
adjust the cost from the original amount of $45,529.30 as approved by Council on October 11,
2005 to a revised amount of $87,929.82. The existing culverts because they are nearly
completely silted in, have very little conveyance capacity. Therefore, a large storm event could
flood portions of River Ridge, Riverchase Estates and the apartments at Jefferson at Riverchase.
The monies for this additional cost would come from the Drainage Utility District fund. The
removal of silt from culverts and the free flow of water is one of the activities noted in the best
management practices of our Stormwater Management Plan.
Staff recommends approval of the amendment to the October 11, 2005 interlocal agreement
between the City of Coppell and the Northwest Dallas County Flood Control District to a revised
amount of $87,929.82 and will be available to answer any questions at the Council meeting.
NATHAN D. MA
G0KSULTING ENGINEERS,
February a0, 2006
_ _ _ _. �.,.., A aJV1AA4V4AAA� �xi�.:;rvvin•. <,
WO /,Dallas, Texas 75231 :/.(214) ,739 -4741
W Ken GrifFin P E
February 10, 2006
Page 2
PAGE:2
SLUDGE TECHNOLOGY, INC._
650 W. Wildlife Blvd.
Grand Prairie, Tx 7505
January 4,20M
Northwest Daly County Flood Control District
CIO Nathan D. Maier Consulting Engineers
8080 Park law / Suite 600
Dallas, Texas 75231
PH (214) 739 -4741 / Fax (214) 739 -5961
Re. Change Orderfor Box Culvert Cleaning
Dear Members of the Northwest Dallas County Flood Control District,
On Friday Daeernnber 9, 2005, American Underwater starttd the desihing of 16 boxes between sumps 9
and 10. The first thing we encountered was that end of the boxes were almost completely closed of to
access. Over time the slope has fallen over the entrance to the box culverts from the slope above. We had
to dig a bola for the divers to aoceas the boxes, At this point we just thought the heavy material was just at
the opening, but this did not prove to be true, we experience heavy clay throughout the entire length of
the boxes. On band No 4 the north most barrel, we encountered sand completely filling the box at about
40 Beet in to about 120 feet in to the box, this was due to the storm drain that come in from the street. This
project was estimated bused on removing silt front the boxes, not heavy clay and sand. The result of the
changed material has prolonged the cleaning process and required extra equipment. We are asking for
additional compensat iOn to compensate for the changed conditions. Our original estimate was based on a
production of 110 to 1231f per day, this based on rMoving 18 inches to 2 feet of silt from the boxes.
Based the first sut of box cleaning we have averaged on about 35 feet per day due to the extra work it
requires to ncmove the clay and sand This has cost us an extra 6 days at $2,661.75 per day. The estimated
time to complete the north set of boxes is 20 days, this is 11 days more than we had estimated. I have
attached o sketch of the north box openings that we discovered. W feel there is excessive material over
the planed quantity, and based on what we probed it is the same ]card packed clay below about 6" of sib.
Sludge Teehnology is requesting a change order to compensate for c hi aged material conditions. Due 10
the extra time and equipment arc ,des ft a new unit price of $61.02 per cy, and adjustment in quantity
on the north boxes to 871 cy.
1M 5J CY • °n Adisttd nit Price
Remove Silt from Box $41.77 S23,908.90
Adjusted 570 CY Culvert 9 & 10 $61.02 $34,781.40
C1 520 CY Remove Silt fivm Sox $41.77 $21,720.40
Adjusted $71 CY Calvert 2 dt 14 $61.02 $53,148.42
As soon as we encountered the heavy material we contacted Brad Rusk Nathan D. Maier Engineers to
make him aware of the differing site conditions. We need to rcaolve this chose order before we
commence on the north set of boxes. PkSe call me after you read over this proposal and we can moat to
discuss any questions you might have. Sludge Technology warts to yewlve this as soon as possible.
Si ou
Dale Komarek
Project Manager
Cc: S71 /file
INTERLOCAL AGREEMENT
WHEREAS, the City of Coppell, Texas, hereinafter referred to as "the City," and the
Northwest Dallas County Flood Control District, hereinafter referred to as "the District" desire to
enter into this Interlocal Agreement, hereinafter referred to as "the Agreement," relative to
removal of sediment from existing culverts beneath Riverchase Drive.; and
«VHEREAS, the Texas Interlocal Cooperation Act, contained in Chapter 791 of the
Texas Government Code, authorizes Texas Local governments to contract with one or more
other local goven�ments to perform governmental functions and services under the terms of said
Act; and
WHEREAS, the City and the District concur that this Agreement is in the best interest of
the citizens of Coppell and the District;
NOW, THEREFORE, THIS AGREEMENT, is hereby made and entered into by the
City and the District for the mutual consideration stated herein, subject to the following terms
and conditions, as follows:
Y.
The City and the District acknowledge that the removal of sediment will be performed in
accordance with specifications included in the bid that was opened on April 19, 2005 for
"Sediment Removal at Sump 4 2, 9, 10 and 14. The location of the sediment removal is from the
existing five 8'x 4'and four 8' x 5' box culverts located on Riverchase Drive, as shown on
Exhibit 1 from Nathan D. Maier Consulting Engineers, Inc. The City and the District agree that
the City will pay the amount of $45,529.30 for the removal of the sediment as shown in Item
INT'ERLOCAL AGREEMENT PAGE 1
�B1 and C1. in the bid tabulation, attached as Exhibit 2. The City and the District agree that the
$45,529.30 will be escrowed with the District and that the District will administer the project and
cause the removal of the sediment from the existing five 8'x 4' and four 8' x 5' box culverts
beneath Riverchase Drive.
II.
This Agreement may not be assigned. It embodies the entire agreement between the
parties and may not be amended except in writing.
III
In the event of any disagreement or conflict concerning the interpretation of this
Agreement, and such disagreement cannot be resolved by the signatories hereto, the si�natories
agree to stibtnit such disagreement to mediation.
IV.
No modifications or amendments to this Agreement shall be valid unless in writing and
signed by the signatories hereto or their heirs, successors and assigns.
V.
This Agreement shall be governed by and construed in accordance with the laws of the
State of Texas. Venue for any action arising under this Agreement shall lie in Dallas County,
Texas.
VI.
This Agreement shall become a binding obligation on the signatories upon execution by
all signatories hereto. The District warrants and represents that the individual executing this
Agreement on behalf of the District has full authority to execute this Agreement and bind the
District to the same. The City warrants and represents that the individual executing this
INTERLQCAL AGREEMENT PAGE 2
A�rcement on behalf of the City has full authority to execute this Agreement and bind the City to
the same.
VII.
This Agreement shall be tiled in the deed records of Dallas County, Texas.
EXECUTED this day of 'fop"r- 210 {15 by the Noith%vest
Dallas County Flood Control District, and by the City of Coppell Rese adopted on the day
of
G,=z� 2405.
NORTHWEST DALLAS COUNTY
FLOOD CONTROL DISTRICT
By:
Wa
presidelit
ATTEST:
APPROVED AS TO FORM:
CITY OF COPPELL, TEXAS
By:
Doi
Mayor
ATTEST:
Libby Ball
City Secretary
APPRO,,y AS TO FORM:
-4ii 4
Attorney �ll 1 ^011 P*M 1��T Robert E. Ha€
y $ NlAID4=C,1> AnZW.,V,*-1 City Attorney
lNTERLOCAL AGREEMENT PAGE 3
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RESOLUTION OF THE CITY OF COPPELL
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CoPpEL,L�
TEXAS, APPROVING AN AMENDMENT TO THE 1NnRLocAL, AGREEMENT WITH
NORTHWEST DALLAS COUNTY FLOOD CONTROL DISTRICT FOR SFDIMENT
REMOVAL FROM BOX CULVERTS BE
�NEATH RIVERCHASK DRIVE TO REVISE
THE ORIGINAL (MST OF S45,529,M TO AN AMOUNT OF $97,929.92-, AND
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, OF
CM' OF COPPELL, TEXAS: , IT RESOLVED BY THE CITY COVINCIL OF THE
e lw SECTION I.That the City Council WfOvts th-amendment io the Intedocal Agmantiql
' eell the City Of Coppell and Nortbwest Dallas County Flood Control District f T sedni t
removai from box o wn
culverts beneath Rvem-1hue 1 v 10 re'visc the Original 00S1 of S45,529_30 to an
amout)t or$87,92"", as set r0rth in the amendmem, which is attached hereto as irset follh n; full,
SMIGN 2. That this resolution shall Like of immediately t and after its adoption
Arid it is so reso!ved,
DULY PASSED and approved by tKe City Council Ofthr Ci1Y0fC0PPeJJ. Tex&-; on
lhi.s the 011/6
--,2006.
OF ppl;
DWOUG W�NPPSTCIVFJR, MAYOR
ATTE!R':
Tzhibit A
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AMLUW4NT
IQ
EQR SEMI] NT Rbg�;.v OCAL ACIRVVILIV
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WOUM A 13 1 ��M
'F'Iil$ AMENDIVIENT IS MADE BY AND HFTWTE the rn-, ,,, Coppoll, a r i ipal
L:Orporanan, hereinafter called "'the City' and Northwest Dallas Wiry ty F, nunc;
hereinafter referred to as "the Dislnct', sC n ood Control District,
WITINZSSETH
WHEREAS, the City and the 1).-sllict entered into an I"t0riocal Agreement, h
rcfcffed to as "the Agreetnent', on ()ctolaCr I L 2005 10 effectuate their agreelnent for ereinafter seditnent
re"10"I "m box Culverts beneath Riverchasc Drive, and
WHEREAS, it has become necessary to Amend that Agreement;
)(11%', TH F-RtFURE, in consideration of the Mmiscs and of the mutual Covenants and
agn�rtaents Or the Part'Ll hereto. the City and the District do agree as j-01 lows.
Article I- OC-scriPflon of Amended Items
Exhihit A
Res4lluliotl of the C"N� Of COPPell (C '(Y) is Attached hereto and made a pall
o
A anf this
grcL tent.
Section 1.
The ti" ty and the Distriel ague that the Citys cost will increase (TM to
S97,929,92,
All other Prop "S'om of the Original Agreement art unchanged and remain 11 f
and effccl, ull force
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The signatories to this amendment war-rant that each has the authori-
agrccme,nt on behalf of the Organization they represent.
This Amendment shall be filed in the deed records of Dallas County, Texas.
EXECUTED this - day of 2006P
Dallas County Flood Control District, and by the City of Coppell adop
ATTEST:
--------------
Attorney
wxqwo,A
%nL7R!R-_
M q1'
Mayor
ATTEST:
F1
City A
E.
UOLOM
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