Item 4DCITY OF
SOUTHLAKI
MEMORANDUM
(April 16, 2013)
To: Shana K. Yelverton, City Manager
From: Robert H. Price, P.E., Director of Public Works
Subject: Approve interlocal agreement with the City of Grapevine for
the design and construction of the Nolen Connector.
Action
Requested: Approve interlocal agreement with the City of Grapevine for the
design and construction of the Nolen Connector.
Background
Information: In 2008, as part of Ordinance No. 950, a Boundary Adjustment, the
City of Southlake and the City of Grapevine agreed that S. Nolen
Drive should be connected between the two cities.
In the FY 2013 annual Capital Improvement Program budget, funds
were allocated for Southlake's share of the cost of this project.
Recently, Public Works staff contracted with JD Landes, Inc. to
prepare plans and specifications for the connection of the
Grapevine and Southlake portions of Nolen Drive. The Engineering
Services Contract was in the amount of $23,300. The Southlake
Public Works Streets & Drainage Division in conjunction with the
City of Grapevine Streets Division will be constructing the roadway
improvements. The estimated construction cost estimate for this
endeavor is $315,000.
Each City will contribute 50% of the design fee, construction costs
and any other costs that may arise. The breakdown of the cities'
costs are as follows:
JD Landes, Inc. Design Fee $23,300
Construction Cost Estimate $315,000
Total Project Cost $338,300
City of Southlake share (50%) $169,150
City of Grapevine share (50%) $169,150
Total Project Cost $338,300
Financial
Considerations: $150,000 was approved in the FY2013 CIP budget for this project.
The cost estimate provided has construction contingencies
included. Should additional Southlake funds beyond the $150,000
be required to complete the project, additional funds are available
out of the FY2013 PMA CIP budget to complete the project.
Strategic Link: The design and construction of the S. Nolen Drive Extension links
to the city's strategy map relative to the focus areas of Mobility and
Infrastructure. The specific corporate objectives that are met by the
construction of these improvements include: Provide travel
convenience within City & Region and invest to provide and
maintain high quality public assets.
Citizen Input/
Board Review: N/A
Legal Review: N/A
Alternatives: The City Council may approve the interlocal agreement or deny it.
Supporting
Documents: Location Map
Interlocal agreement with the City of Grapevine
Staff
Recommendation: Approve of the interlocal agreement with the City of Grapevine for
the engineering design and construction costs associated with the
S. Nolen Drive Extension Project.
Staff Contact: Robert H. Price, P.E., Public Works Director
Cheryl Taylor, P.E., City Engineer
Alejandra Ayala, 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
THE S. NOLEN DRIVE EXTENSION
This Interlocal Agreement (the "Agreement") for the Construction of the S.
Nolen Drive Extension to include paving, drainage, and landscaping 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 extend S. Nolen Drive (the "Project") between the cities;
and
WHEREAS, Chapter 791, Texas Government Code, as amended (the
"Act"), provides authorization for municipalities to contract with one another for
the performance of governmental functions and services under the terms of the
Act; and
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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:
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
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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 Grapevine shall have an opportunity to review
and approve the construction plans and specification submittals.
3. The cities agree that each respective city will be responsible for
pursuing the relocation of public utilities within their city and each city will acquire
the necessary rights -of -way and easements for the construction of the Project.
4. The cities agree to contract the services of a Third Party Contractor
to construct the concrete curbs, gutter and flatwork associated with the pavement
of the Project. Southlake will manage the contract with the Third Party
Contractor.
5. The cities agree that the Third Party Contractor shall provide
Performance, Payment and Maintenance Bonds in the full amount of the contract
cost issued to the cities.
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6. The cities agree to funding of the project as follows:
a) Grapevine shall reimburse to Southlake one half of the cost of all
design services for the Project prior to commencement of
construction. The Agreement for Engineering Services has been
structured into two phases:
Phase 1 — Preliminary Plans $5,900.00
Phase 2 — Final $17,400.00
Total Design Cost $23,300.00
b.) Grapevine shall reimburse to Southlake one half of the cost
of all construction for the Project, estimated to be
$315,000.00. The final participation amount shall be
determined from the actual construction contract.
c.) Southlake shall reimburse to Grapevine one half of the cost
for obtaining right-of-way parcels from adjacent land owners.
The final participation shall be determined from the actual
negotiations of such parcels.
7. Grapevine agrees to make payment to Southlake within a
reasonable length of time estimated at 30 days after receipt of the quarterly bill
from Southlake.
8. The cities agree that Southlake will provide all construction
inspection and construction management for the Project.
9. 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.
10. The cities agree that each respective city will provide maintenance
on all roadway and drainage facilities, including signage and pavement markings,
lying within their respective corporate boundaries.
11. The cities agree that each city will be responsible for maintenance,
repair and replacement of water and wastewater lines within their city
constructed with this project.
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 Section 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 , 2013.
ATTEST:
City Secretary
City of Southlake, Texas
[SEAL]
APPROVED AS TO FORM:
City Attorney
City of Southlake, Texas
CITY OF SOUTHLAKE, TEXAS
Mayor
City of Southlake, Texas
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ATTEST:
City Secretary
City of Grapevine, Texas
[SEAL]
APPROVED AS TO FORM:
City Attorney
City of Grapevine, Texas
CITY OF GRAPEVINE, TEXAS
Mayor
City of Grapevine, Texas
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