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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 c a� a prgd- M .- E Y 0 r L 5 1 � k k El 9 f rl Lf /l rrm F • f � M1 '� .L4 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 1 11/12/2008 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: 2 11/12/2008 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 3 11/12/2008 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. 0 11/12/2008 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 5 11/12/2008 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 0 11/12/2008 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. 7 11/12/2008 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. 0 11/12/2008 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. 0 11/12/2008 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 10 11/12/2008 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 11 11/12/2008 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.