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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 � I � 7. � 1 �l 2 0.' j L UA %l w + i �,:,rL - 1 f 0 Z � 2R1 J' F 6 W A!l 0 F J p N a J�Bl a 'r r-F N del t 0 s k[ W. (0y, . �7n � [ BLVQ 2 . -- . ,.fit - .'_ -�' EXC HANG E, . 5. 2 ft5 3 SiF •T ilk*- , ����. :� u'W. }{ �{ � fir. 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 Pagel of 9 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 Page 2 of 9 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. Page 3 of 9 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 Page 4 of 9 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. Page 5 of 9 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. Page 6 of 9 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. Page 7 of 9 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 Page 8 of 9 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 Page 9 of 9