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Number 08Ak 'AGENDA REQUESIt FORM CITY COUNCIL MEETING: 1998 ITEM # ITEM CAPTION: Consider approval of an Interlocal Agreement with the City of Dallas concerning the relocation of the City of Dallas' 30" water line in Sandy Lake Road; and authorizing the City Manager to sign. SUBMITTED BY: Kenneth M. Griffin, P.E. TITLE: Director of Engineering and Public Works STAFF RECOMMENDS: APPROVAL STAFF COMMENTS: See attached memo. BUDGET AMT. $ FINANCIAL COMMENTS: DIR.INITIALS: Agenda Request Form' - Revised N8 AMT. EST. $ FIN. REVIEW: Oj\ � sue$ +-10 CA�- .sk.. 9 6 a� APPROVED CITY �L � +/- BUD:$ CITY MANAGER Document Name: �a. i Aak MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Mayor and City Council From: Ken Griffin, P.E., Dir. of Engineering and Public Works 4 RE: Consider approval of an Interlocal Agreement with the City of Dallas concerning the relocation of the City of Dallas' 30" water line in Sandy Lake Road; and authorizing the City Manager to sign. Date: June 23, 1998 This interlocal agreement is the culmination of approximately 6 to 9 months of negotiations with the City of Dallas concerning the relocation of their existing 30" water line in Sandy Lake Road from MacArthur Blvd. to Denton Tap Road. The actual design process has been on -going for the last two to four years. The interlocal agreement provides for the funding to accomplish the relocation. The City of Dallas has estimated that the cost for the relocation will be approximately 1.3 million dollars. The interlocal agreement also states that the City of Dallas will provide additional funding if the actual cost exceeds the 1.3 million dollars. There was some confusion over the design of the relocations and a concession was made by the City of Dallas so that the 1.3 million dollars would be placed with the City of Coppell immediately upon execution of the contract. The City of Dallas will not request any interest be paid by the City of Coppell on the funds. This is covered in Section 4 of the agreement, in which it states "Coppell will not pay interest on funds provided by Dallas ". This will allow us to recoup some of the cost that we have expended on the design of the relocation of the City of Dallas water line. The interlocal agreement is necessary to accomplish the relocation and has gone through extensive attorney reviews by both the City of Dallas and the City of Coppell. Staff recommends Council approval of the Interlocal agreement between the City of Coppell and the City of Dallas to insure that the timeline to begin construction on Sandy Lake Road in the fall of 1998 can stay on course. Staff will be available to answer any questions at the Council meeting. "MYOF COPPELL ENGINEEmrr- FxCELLENCE BYDEsiGN" RECEIVE rL 3 1 STATE OF TEXAS COUNTY OF DALLAS § This Agreement is made by and between the City of Coppell, Texas, a municipal corporation, ( "Coppell") and the City of Dallas, Texas, a municipal corporation, ( "Dallas "). WHEREAS, Coppell and Dallas wish to enter into an Agreement for the construction/relocation of Dallas' 30" water main and adjustment of Dallas' water appurtenances located within the City limits of the City of Coppell along and parallel to Sandy Lake Road between Denton Tap Road and MacArthur Boulevard; including all work necessary to accomplish same,and WHEREAS, the Interlocal Cooperation Act, 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 said Act; NOW THEREFORE, this Agreement is hereby made and entered into by the Cities of Dallas and Coppell for the mutual consideration stated herein: WITNESSETH: L PROJECT SCOPE Dallas hereby requests and Coppell agrees to relocate and/or adjust pursuant to the terms of this Agreement new sections of water facilities for Dallas (hereinafter referred to as the "Project "), as specified in Article V - Payment Provision and Work Responsibilities. Coppell shall also, in connection with the Project, relocate or adjust its own water and wastewater appurtenances, and provide sidewalks, street lighting facilities and specific traffic control devices for and in conjunction Page 1 of 6 with Coppell's construction of paving and drainage improvements in the City of Coppell on Coppell's Sandy Lake Road Project No. ST 93 -02. H. PROJECT FUNDING Coppell will authorize performance of only those Project items of work which Dallas has requested and has agreed to pay for as described in Article V - Payment Provision and Work Responsibilities. I. III. TERMINATION This agreement may be terminated in the following manner: ■ mutual written agreement and consent of both parties ■ by either party upon the failure of the other party to fulfill the obligations set forth herein If the contract is terminated in accordance with the above provisions, Dallas will be responsible for the payment of Project costs incurred by Coppell on behalf of Dallas up to the time of termination. IV. INTEREST Coppell will not pay interest on funds provided by Dallas. Funds provided by Dallas will be deposited into, and retained by Coppell. V. PAYMENT PROVISION AND WORK RESPONSIBILITIES Coppell will be responsible for the water relocation and improvements due to the widening of Sandy Lake Road from two lane to four lane roadway facility within the limits from Denton Tap Road to MacArthur Boulevard. Dallas will be responsible for the funding, construction inspection, and design of any field changes requested by Dallas, required for the water improvements as described in general above, Page 2 of 6 I and as described in particular in Dallas Water Utilities C DWU') File Number 685W -678A, which comprises the design plans for DWU Contract Number 97477F: 30" Water Relocation in Sandy Lake Road from Denton Tap Road to MacArthur Boulevard. Upon final execution of this agreement, Dallas will remit a check or warrant made payable to Coppell in the amount not to exceed $1,300,000.00. In the event it is determined that the funding provided by Dallas will be insufficient to cover Coppell's cost for performance of Dallas' requested work, Dallas will., subject to appropriation of funding and approval by the Dallas City Council, pay Coppell the additional funding necessary to cover the anticipated additional cost. The process for City Council approval shall begin upon Coppell providing Dallas with a written notification stating the amount of additional funding needed and stating the reasons for the needed additional funds. Dallas shall pay the funds to Coppell within 60 days after the City Council approval, unless otherwise agreed to by all parties to this agreement. In the event that the bid amount is less than the $1,300,000.00, Coppell shall, within 60 days, refund the difference to Dallas. At the completion of construction, all unused funds not expended shall be refunded to Dallas within 60 days. VI. PROPOSAL REVIEW Dallas hereby reserves the right to review any or all of the bid proposals submitted to Coppell for the construction of the Project and to reject the same due to irregularities, unbalanced bid items, or insufficient funds for awarding or for any other reason. VIL QUALITY ASSURANCE Dallas hereby agrees to provide inspection and quality assurance testing for construction of Dallas Water Utilities items in coordination with Coppell, through Coppell's Engineering Department. Page 3 of 6 VIII. DESIGN CHANGES Dallas hereby agrees to be responsible for approval of all design changes, including design of field changes for the Project, and to provide for any additional funding necessitated thereby, or for any increase in the quantity of work requested by Dallas under the Project. IX. CONTRACT ADMINISTRATION Coppell hereby agrees to provide for the design of the initial project and administration of the construction contract including advertisement for bids and award of contract. X. CONTRACT DOCUMENTS Coppell hereby agrees to have the Project construction performed as defined by and in accordance with the plans and contract documents, the North Central Texas Council of Governments Standard Specifications for - Public Works Construction (Second Edition 1987), as amended, and Dallas Water Utilities Standard Drawings, Details and Appurtenances for Water and Wastewater Pipeline Construction Methods and Dallas Water Utilities Addendum to the Standard Specifications dated July 5, 1995. XL MONTHLY ESTIMATES Coppell agrees that it will not make any payment, progress or final, to the construction contractor performing the Project construction until the construction has been approved in writing by Dallas. Coppell agrees that all payments to the construction contractor shall be based on monthly estimates of construction completed as furnished to Coppell by Dallas's Waxer Utilities Department Project Manager. Page 4 of 6 ell 1000� XII. COMMENCEMENT Coppell hereby agrees that the Project construction will not commence until this Agreement has been fully executed by Dallas and Coppell. XIIL CHANGE ORDERS Coppell hereby agrees to immediately advise Dallas of any and all potential design changes and construction change orders which may occur during construction. Funding for all change orders shall be in accordance with this Interlocal Agreement. XIV. MUTUAL RESPONSIBILITY Coppell and Dallas agree and acknowledge that each entity is not an agent, servant or employee of the other entity and each entity is responsible for its own acts and deeds and for those of its agents or employees during the performance of the work on the Project. XV. ILA DURATION The Effective Date of this Agreement shall be the date it is executed by the last of the parties and shall terminate upon completion of the Project and final payment as provided herein. This Agreement embodies the complete agreement of the parties and may not be modified or amended except in a written instrument specifically referring to this Agreement and signed by the parties hereto. XVII. ILA VENUE This Agreement shall be governed by and construed in accordance with the statutes and case law of the State of Texas. Exclusive venue for any legal action arising from or regarding this Agreement shall be in Dallas County, Texas. Page's of 6 �1 Executed this the � day of 1998, by Dallas, signing by and through its City Manager, duly authorized to execute same by Resolution No. adopted by the City Council o 1998, and by Coppell, pursuant to Resolution No. , adopted by the City Council on 1998. CITY OF DALLAS JOHN L. WARE, CITY BY: City Manager" APPROVED AS TO FORM: - '"'o — �� Dallas Asst. City Attorn SUftfted m Ch Aftne CITY OF OPPELL JIM WnM. CRY MANAGER BY: r Manager AS TO FORM; oppell Ci Attorney Page 6 of 6 COUNCIL CHAMBER August 12, 1998 982268 WHEREAS, the City of Coppell proposes to widen Sandy Lake Road from Denton Tap Road to MacArthur Boulevard which includes paving, storm drainage, and water and wastewater improvements; and, WHEREAS, the City of Dallas owns a 30 -inch water main in Sandy Lake Road which is in conflict with the proposed improvements; and, WHEREAS, in the interlocal agreement, the City of Dallas is responsible for the funding and construction inspection of the appurtenance adjustments and the relocation of their 30 -inch water main in Sandy Lake Road; and, WHEREAS, in the interlocal agreement, the City of Coppell is responsible for the design of the initial project and construction administration; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the City Manager be and is hereby authorized to enter into an interlocal agreement between the City of Dallas and the City of Coppell for the appurtenance adjustments and relocation of the City of Dallas 30 -inch water main in Sandy Lake Road in advance of paving, after approval of the contract documents by the City Attorney. Section 2. That the City Controller be and is hereby authorized to pay the amount of $1,300,000.00 from the Water Construction Fund as follows: FUND AGCY ORG AM = ME CAI ENCUMBRANCE VENDOR 0102 DWU CW42 7CIP 4550 798311 WD47 PD DWU798311 EN 265288 City of Coppell - (Contract No. 98 -311) - $1,300,000.00 Section 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas and it is accordingly so resolved. APPROVED BY Distribution Water - Administration, 4AN, Jean Mitchell Water - Contracts, 2121 Main, Ste. 300, Nancy Shreve Water - Accounting, SAN, Ros Wilber Budget and Management services, 4FN, Forest Tumor City Controller, 3FN, Delia Urbina CITY COUNCIL AUG 12 1998 e� qJV Acting City &mtwy APPROVED RHEAD DP DEtARTY «n «n MAXOAM