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