Item 4DCity of Southlake, Texas
MEMORANDUM
November 18, 2008
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Public Works Director
Subject: Approve an interlocal agreement with the City of Grapevine for
the construction of North Kimball Road from Shady Lane to
Dove Road
Action
Requested: Approve an interlocal agreement with the City of Grapevine for the
construction of North Kimball Road from Shady Lane to Dove
Road.
Background
Information: City Staff has been in discussions with the Grapevine City Staff for
the past few months regarding adjustments to our common
boundary in the vicinity of NW Highway, Park Blvd. and SH 114.
The goal of this adjustment is to clean up an erratic boundary line,
thereby eliminating potential confusion of emergency responders to
the respective city's limits. The agreement to adjust the boundary is
comprised of a number of elements. This element details the
provisions necessary to provide for the construction of North
Kimball Road where the two cities are adjacent. The complete
project is from SH 114 to Dove Road. The Cities agree to
participate in the construction of Kimball Road from SH 114 to Dove
Road. The City of Grapevine's cost is approximately $2 Million for
one half of the project from Dove Road to Shady Lane. The
remaining cost of the road (estimated at $6,870,000) will be paid for
by Southlake.
Financial
Considerations: It is staff's opinion that this agreement is in the best interest of
citizens of Grapevine and Southlake as it will be heavily travelled
once the managed lanes of the DFW Connector project are
completed. Kimball Road will provide access to the last east bound
approach to the managed lanes.
During the preliminary phase of the project, the cost of this project
was projected at $ 8,870,000 by the project consultant, Kimley-
Horn and Associates, Inc. The Grapevine portion of the project is
not expected to exceed $2,000,000 based upon this project
estimate. The Grapevine proportionate cost share of the project
will be based on actual construction quantities and unit prices as
well as a proportionate share of other appurtenant costs including,
but not limited to, design costs. No additional right -of -way costs are
anticipated on the Grapevine portion of the roadway at this time.
Citizen Input/
Board Review: None
Legal
Review: The City Attorney's office has reviewed the proposed interlocal
agreement.
Alternatives: The City Council may approve or deny this Agreement.
Supporting
Documents: Location Map
Interlocal Agreement with Grapevine
Preliminary Opinion of Construction Cost
Staff
Recommendation: Approve an interlocal agreement with the City of Grapevine for the
construction of North Kimball Road from Shady Lane to Dove
Road.
Staff
Contact: Robert H. Price, P.E., Public Works Director
Gordon J. Mayer, Jr., P.E., City Engineer
Michael James, P.E., Civil Engineer
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STATE OF TEXAS §
COUNTY OF TARRANT §
INTERLOCAL AGREEMENT BETWEEN THE CITY OF GRAPEVINE, TEXAS
AND THE CITY OF SOUTHLAKE, TEXAS FOR CONSTRUCTION OF
KIMBALL ROAD FROM SHADY LANE TO DOVE ROAD
This Interlocal Agreement (the "Agreement ") for the Construction of
Paving, Drainage, Water, Wastewater, Traffic Signalization, Street Lighting and
Landscaping Improvements on Kimball Road from Shady Lane to Dove Road is
made and entered into by and between the City of Grapevine, Texas, a municipal
corporation located in Tarrant County, Texas ( "Grapevine "), and the City of
Southlake, Texas, a municipal corporation located in Tarrant County, Texas
( "Southlake "). (Southlake and Grapevine shall hereafter be collectively referred to
as the "cities ")
WHEREAS, Grapevine and Southlake mutually desire to enter into an
interlocal agreement to construct roadway and infrastructure improvements to
Kimball Road from Shady Lane to Dove Road (the "Project "); and
WHEREAS, Chapter 791, Texas Government Code, as amended (the
"Act "), provides authorization for municipalities to contract with one another for
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the performance of governmental functions and services under the terms of the
Act; and
WHEREAS, Grapevine and Southlake have need to construct these
roadway improvements, which shall be located in part in Grapevine and in part in
Southlake; and
WHEREAS, Grapevine and Southlake shall provide financing for the
Project as provided herein; and
WHEREAS, Grapevine and Southlake are willing to cooperate with one
another to accomplish the construction and maintenance as provided in this
Agreement; and
WHEREAS, each party paying for the performance of governmental
functions or services under this Agreement must make those payments from
current revenues; and
WHEREAS, it is mutually advantageous to both parties to enter into this
Agreement:
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WITNESSETH
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, Grapevine and
Southlake hereby contract, covenant, warrant and agree as follows:
I. ADOPTION OF PREAMBLE
All of the matters stated in the preamble of this Agreement are found to be
true and correct and are hereby incorporated into the body of the Agreement by
reference as though fully set forth in their entirety herein.
II. OBLIGATIONS OF THE PARTIES
1. The City of Southlake has contracted for Consulting Engineering
Services related to the design of the Project.
2. The cities agree that the City of Southlake shall construct, in
accordance with the approved set of construction plans, the Project, the eastern
one -half lying in Grapevine from Shady Lane to Dove Road and the western one-
half lying in Southlake from Shady Lane to Dove Road.
3. The cities agree that Grapevine shall have an opportunity to review
and approve the construction plans and specification submittals.
4. The cities agree that Grapevine shall approve Southlake's award of
construction contract to the lowest responsible bidder prior to Southlake taking
action and Grapevine shall have an opportunity to review and approve all change
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orders to the construction contract pertaining to the Grapevine portion of the
project.
5. The cities agree that the construction contract shall require
Performance and Payment Bonds in the full amount of the contract cost issued to
Southlake and Maintenance Bonds in the amount of 25% of the contract cost
issued to Southlake and Grapevine.
6. The cities agree to funding of the project as follows:
a.) Grapevine shall reimburse to Southlake one half of the cost
of all construction on Kimball Road from Shady Lane to
Dove Road including paving, drainage, traffic signals, street
lighting, landscaping, and material testing based upon the
lowest responsible bid, estimated to be $ 2,000,000. The
final participation amount shall be determined from the
actual construction contract unit bid items and prices.
b.) Grapevine shall reimburse to Southlake its share of the
design cost as a percentage of the total design cost based
upon the percentage of the construction costs for the
Grapevine portion of work compared to the complete
construction contract cost. Grapevine shall reimburse
Southlake within 30 days of the date of award of the
construction contract for its share of the design costs
incurred as of the award of construction date for the
segment of Kimball Road within the Grapevine City limits.
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C.) Grapevine shall reimburse to Southlake the full cost of
Grapevine water and wastewater improvements and /or
relocations constructed with the Project, including material
testing based upon the lowest responsible bid, if any.
Southlake shall fund the full cost of Southlake water and
wastewater Improvements constructed with the Project.
7. The cities agree that Southlake will submit monthly bills to
Grapevine for reimbursement of the construction costs of the project as well as
the engineering design costs associated with the construction phase of the
project.
8. Grapevine agrees to make payment to Southlake within a
reasonable length of time, but not more than 30 days after receipt of the monthly
bill from Southlake.
9. The cities agree that Southlake will provide all construction
inspection and construction management for the Project at its sole cost.
10. The cities agree that each respective city will be responsible for
pursuing the relocation of franchise utilities within their city and each city will
acquire the necessary rights -of -way and easements for the construction of the
Project.
11. Southlake and Grapevine agree that the construction to be done
within Grapevine shall be in accordance with Southlake's Code of Ordinances
including, but not necessarily limited to, providing proper barricades, traffic
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control during construction, detours and project clean up after the contractor is
completed.
12. The cities agree that Southlake will provide maintenance on all
roadway and drainage facilities, including signage and pavement markings, lying
within the corporate boundaries of the City of Southlake as well as maintenance,
repair and /or replacement of all traffic control devices on Kimball Road. The City
of Grapevine will provide maintenance on all roadway and drainage facilities,
including signage and pavement markings, lying within the corporate boundaries
of the City of Grapevine as well as maintenance, repair and /or replacement of all
traffic control devices.
13. In addition to the agreement in Section 12 above, the cities agree
that Grapevine will provide maintenance on traffic signals at the intersection of
Dove Road and Kimball Road should they be warranted and constructed.
14. The cities of Southlake and Grapevine agree that Southlake will be
responsible for the construction and maintenance of the median landscaping and
median streetlights constructed with this project at its sole cost.
15. The cities agree that each city will be responsible for maintenance,
repair, relocation and /or replacement of water and wastewater lines within their
city constructed with this project.
16. The cities agree that a newsletter will be produced and distributed
to inform the surrounding neighborhoods of the proposed improvements.
Furthermore, a neighborhood meeting(s) will be conducted by the cities to further
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inform the surrounding neighborhoods of the proposed improvements should
they be deemed necessary by either city.
17. The cities agree that construction of the subject project (covered by
agreement) is anticipated to begin between January of 2010 and December
2013. Southlake and Grapevine further agree that Southlake shall communicate,
in writing, to Grapevine the intention to construct the project twelve months prior
to construction of the aforementioned roadway.
III. INDEMNIFICATION AND HOLD HARMLESS
1. To the extent allowed by law, Grapevine agrees to indemnify and
hold Southlake harmless from any claim by a third party for damages arising from
or resulting from the construction or maintenance, in accordance with terms set
forth in this agreement, of any portion of the Project lying in the City of
Grapevine.
2. To the extent allowed by law, Southlake agrees to indemnify and
hold Grapevine harmless from any claim by a third party for damages arising
from or resulting from the construction or maintenance, in accordance with terms
set forth in this agreement, of any portion of the Project lying in the City of
Southlake.
3. The provisions of these indemnifications shall not apply to acts of
gross negligence or willful misconduct by the indemnified party.
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4. The provisions of this indemnification are solely for the benefit of
the parties hereto and not intended to create or grant any rights, contractual or
otherwise, to any other person or entity.
5. Further, 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 Sectionn 101.001 et. seq., 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:
TO SOUTHLAKE:
City of Southlake
1400 Main Street
Southlake, Texas 76092
Attention: City Manager
TO GRAPEVINE:
City of Grapevine
P.O. Box 95104
Grapevine, Texas 76099
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
1. This Agreement shall be binding upon and inure to the benefit of
the parties hereto and their respective successors and assigns.
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2. 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.
3. No amendment, modification or alteration of the terms hereof shall
be binding unless the same be in writing, dated subsequent to the date hereof and
duly executed by the parties.
4. All payments made hereunder shall be payable from funds currently
available to the City.
5. 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.
6. If, in case any 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 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.
7. The obligations and undertakings of each of the parties to this
Agreement are and shall be performable in Tarrant County, Texas.
8. Each party hereto warrants that it has received authority from its
governing body to enter into this Agreement.
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EXECUTED this the day of November 2008.
CITY OF SOUTHLAKE, TEXAS
Mayor
City of Southlake, Texas
ATTEST:
City Secretary
City of Southlake, Texas
[SEAL]
APPROVED AS TO FORM:
City Attorney
City of Southlake, Texas
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CITY OF GRAPEVINE, TEXAS
Mayor
City of Grapevine, Texas
ATTEST:
City Secretary
City of Grapevine, Texas
[SEAL]
APPROVED AS TO FORM:
City Attorney
City of Grapevine, Texas
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City of Southlake C Kimley -Horn
Preliminary Roadway Project Cost Projection and Associates, Inc.
Pr oject • • .- scription: Sep
Name: Kimball Rd. PRELIMINARY Opinion of Probable Construction Cost for
Limits: SH 114 - Dove proposed roadway - NO DESIGN COMPLETED
Class: M4D
Length (If): 6,000
Roadway Construction Cost
Projection
Allowance
Item Cost
Construction Cost TOTAL:
No.
Item Description
6,823,000
Quantity
Unit
Unit Price
$
Item Cost
107
Unclassified Street Excavation
15%
96,000
cy
$ 8.00
$
768,000
203
10" Lime Stabilization (with Lime @ 40 # /sy)
40,338
sy
$ 6.00
$
242,025
303
8" Concrete Pavement
33,333
sy
$ 38.00
$
1,266,667
402
8" Conc. (3 Median openings, 8
LTL, & 2 RTL)
4,338
sy
$ 38.00
$
164,825
403
5' Concrete Sidewalk
60,000
sf
$ 5.00
$
300,000
404
Concrete Driveway Approach
20
ea
$ 4,000.00
$
80,000
Paving Subtotal:
$
2,821,517
® •.
Item Description
Notes:
Allowance
Item Cost
Traffic Control
Existing roadway corridor, 2 -way traffic, tight ROW
10%
$
282 ,152
0
Pavement Markings /Markers
3%
$
84,646
❑�
Roadway Drainage
Standard Internal System
30%
$
846,455
0
Special Drainage Structures
One major cross culvert anticipated
$
400,000
❑
Traffic Signals - Permanent
None Anticipated
$
-
F
Traffic Signals - Temporary
None Anticipated
$
-
0
Landscaping (Basic)
4" Topsoil in parkway, hydroseed disturbed areas
3%
$
84 ,646
0
Landscaping (Special)
Urban Design Guidelines (to be determined)
$
500,000
0
Irrigation
Parkways and Medians
$
100,000
0
Illumination
Upgrade from TXU Standard
$
250,000
0
Water
Minor Adjustments to Existing ONLY
$
50,000
0
Sewer
2, 200 -LF of 15"
$
150,000
❑
Other:
$
-
El
Other:
$
-
Allowance Subtotal:1
$
2,747,898
Paving and Allowance Subtotal:
$
5,569,414
Mobilization:
7.5%
$
417,706
Prep ROW:
5%
$
278,471
Construction Contingency:
10%
$
556,941
Construction Cost TOTAL:
$
6,823,000
Project Cost Summary
Item Description:
Notes:
Allowance
Item Cost
Construction Cost TOTAL:
Start Year
$
6,823,000
Inflation Contingency:
Based upon ENR Const. Cost Index
1 2010 8.50%
$
580,282
Engineering /Survey:
15%
$
1,023,450
Agency Project Management:
None Anticipated
$
-
Inspection and Testing:
City Standard Process
2%
$
136,460
Franchise Utility Relocations:
Assuming no cost to City
$
-
ROW /Easement Acquisition:
Isimply a placeholder at this point
$
300,000
Project Cost TOTAL:
$
8,870,000
The Engineer has no control over the cost of labor, materials, equipment, or over the Contractor's methods
of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are
based on the information known to Engineer at this time and represent only the Engineer's judgment as a design
professional familiar with the construction industry. The Engineer cannot and does not guarantee that proposals,
bids, or actual construction costs will not vary from its opinions of probable costs.