Loading...
TR13-04�� /S INTERLOCAL AGREEMENT BETWEEN THE CITX OF COPPELL, TEXAS AND THE CITY OF LEWISVILLE, TEXAS REGARDING THE INTERSECTION OF LAKE VISTA DRIVE AT MACARTHUR BOULEVARD THIS AGREEMENT is made, entered into and executed by and between the City of Coppell, Texas, a duly incorporated municipality, hereinafter "Coppell" and the City of Lewisville, Texas, a duly incorporated municipality, hereinafter "Lewisville." Coppell and. Lewisville are collectively referred to herein as "the Parties." WHEREAS, the Interlocal Cooperation Act, Texas Government Code Chapter 791, hereinafter "the Act," provides authorization for a local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act and Coppell and Lewisville mutually agree to be subject to the provisions of the Act; and WHEREAS, the intersection of Lake Vista Drive and MacArthur Boulevard, hereinafter "Intersection" is located partially within both the municipal limits of Coppell and Lewisville as shown in "Exhibit A" attached hereto; and WHEREAS, the Parties both desire to make certain traffic signal and pavement improvements to the Intersection as more particularly described in "Exhibit B" attached hereto; and WHEREAS, the Parties have determined. that it is in the best interest of the public to facilitate the safe travel through the Intersection and to promote the timely completion of the Project, and that the most expeditious means of accomplishing these goals is to have Lewisville sign a change order to their existing professional services agreement with Kimley -Horn and Associates (the "Consultant ") to include design of the Project and for Lewisville to also bid the construction of the Project in one contract, and thereafter have Coppell reimburse the City for such work pursuant to this Agreement. NOW, THEREFORE, this Agreement is hereby made and entered into by Coppell and Lewisville upon and for the mutual consideration stated. herein; I. Findings Incorporated. All of the findings set forth above are incorporated into the body of this Agreement as if fully set forth herein. II. Interlocal Contracting Authority. Pursuant to Texas Government Code §791.011, Coppell and Lewisville hereby enter into this Agreement in order to perform certain governmental functions and services in the area of streets, and roads. The purpose of this Agreement is to provide a governmental function or service that each party is authorized to perform individually. Each party paying for the performance of services shall make those payments from current revenues available to the paying party. III. Preparation and Approval of Construction Plans and Project Specifications. Lewisville shall contract with the Consultant to design and prepare bid specifications for the Project. Lewisville shall review and have the exclusive authority to approve the construction plans and specifications. Lewisville will provide an opportunity for Coppell to review construction plans and estimates of probable costs at the 60 %and 100% design stages and to review technical specifications prior to bidding the construction. Coppell shall provide timely review comments in writing regarding Interlocal Agreement for Reimbursement _Coppell &Lewisville Page 1 pavement within Coppell and signal upgrades to be paid for by Coppell. Lewisville shall have such comments incorporated into the plans and specifcations by the design consultant. Lewisville shall have the sole authority to approve and release all payments to the Consultant. IV. Signal Upgrades. Lewisville agrees to incorporate traffic signal upgrades in the design and construction of the Project as requested in writing by Coppell. Such request for upgrades, however; must be made to Lewisville in writing within 14 days prior to consultant providing 100% complete design plans. Any additional actual costs relating to the design and construction of such upgrades shall be paid solely by Coppell and shall be reimbursed to Lewisville in accordance with Sections ViI and VIII of this Agreement. V. Hiring Contractor. Upon receiving completed designs and specifications from the Consultant, Lewisville shall bid the construction of the Project in accordance with Texas law. Coppell shall be furnished with a copy of the approved construction plans and Project specifications prior to Lewisville accepting bids for such work. City of Coppell personnel will be notified at least 48 hours in advance of the pre -bid and pre - construction meetings. Lewisville shall have the sole authority to review and accept the competitive bids for the Project. Coppell will be provided a copy of the bid tabulations and shall be provided opportunity to review and comment on such bid tabulations prior to Lewisville City Council accepting such bid. Coppell shall immediately notify Lewisville in writing, laying out any of Coppell's concerns. Lewisville will take into consideration Coppell's timely comments /concerns, to the extent allowed by law, and. without relinquishing Lewisville's exclusive authority to award the bid. VI. Inspections of Contractor's Work. Lewisville shall perform all Project inspections for work elements in the City of Lewisville. Coppell will inspect all elements. of the project that fall within the City of Coppell and provide oversight regarding installation of any signal upgrades paid for by Coppell. Lewisville shall have the sole authority to approve payments to the contractor hired to complete the Project (the "Contractor "). If during construction, Coppell determines that any portion of the work within Coppell city limits performed by Contractor is not consistent with the approved construction plans and/or Project specifications, Coppell shall immediately notify Lewisville and the Contractor. Lewisville agrees not to make final acceptance of the project until Coppell provides their consent in writing. If Lewisville considers Coppell to be unreasonable, negligent or reckless with regard to their approvals /inspections, Lewisville will make all reasonable attempts to resolve such differences prior to final acceptance of the Project. Notwithstanding anything to the contrary, Coppell shall in no way impede Lewisville from meeting its legal obligations to the Contractor. VII. Estimated Cost and General Reimbursement Obligation. The estimated cost of the Project is TWO HUNDRED AND ELEVEN THOUSAND DOLLARS ($211,000.00) for a Lewisville standard signal installation plus anticipated paving improvements within the City of Coppell (excluding cost of any requested upgrade to the signal by Coppell and agreed to by Lewisville). The actual cost shall be the total expense as paid by Lewisville to its Consultant and Contractor for the completion of the Project, including but not limited to any over -run costs. Actual costs may exceed the estimated cost, and under no circumstance shall Lewisville fund any portion of the actual costs allocated to Coppell without receiving subsequent reimbursement from Coppell. Coppell shall reimburse Lewisville for: o Sixty -five percent (65 %) of the actual cost of completion of the traffic signal meeting minimum Lewisville specifications, including design; and Interlocal Agreement for Reimbursement — Coppell &Lewisville Page 2 o One hundred percent (100 %) of the actual costs for any upgrades to the traffic signal requested by Coppell in writing and agreed to in writing by Lewisville, including additional design costs for such upgrades; and o One hundred percent (100 %) of the actual cost of paving improvements including street paving, sidewalks, and sidewalk ramps located within Coppell city limits. VIII. Invoicing and Reimbursement. Lewisville shall pay its Consultant and Contractor as it is invoiced throughout the Project. Upon completion of the Project, Lewisville shall submit an invoice for reimbursement based on the reimbursement percentages set forth above to Coppell, City Engineer, 265 Parkway Boulevard, Coppell, TX, 75019. Coppell shall remit full payment of the invoiced amounts within thirty (30) calendar days of receipt of the invoice, provided that all expenditures were made in a manner which is consistent with the terms of this Agreement. VIV. Maintenance of Improvements. o Traffic Si nal Excludin U rades Re nested b Co ell — Lewisville shall be financially responsible for any and all required maintenance, replacement, and repair of the Traffic Signal, excluding any upgraded signal components requested by Coppell in accordance with Section IV of this Agreement. o Unar_ades to Traffic Signal Requested by Coppell - Coppell shall be financially responsible for any and all required maintenance, replacement, and repair of any upgraded signal components requested by Coppell in accordance with Section IV of this Agreement. Coppell shall respond to written maintenance requests from Lewisville regarding upgraded traffic signal components within fourteen (14) calendar days of such written request except when the request is deemed an emergency by Lewisville, in which case, Coppell will respond as soon as reasonably possible and will secure or stabilize the intersection immediately so as to provide safety to the public. Lewisville may provide any emergency service deemed necessary by Lewisville to provide public safety until Coppell responds. Coppell shall notify Lewisville at least 48 hours in advance of performing any normal maintenance, repair or replacement to such components. o Pavement Im rovements in Lewisville Ci Limits — Lewisville shall be financially responsible for any and all required maintenance, replacement, and repair of the pavement improvements Located within Lewisville city limits. o Pavement Im rovements in Co ell Ci Lirnits — Coppell shall be financially responsible for any and all required maintenance, replacement, and repair of the pavement improvements located within Coppell city limits. Nothing contained in this Section shall prevent either party from filing a claim against the Contractor and /or subcontractor or the Contractor's and /or subcontractor's insurance companies. Nor shall it prevent Lewisville from filing a claim against any applicable bond. X. Authority to Enter and Work in Coppell Street ROW. Lewisville shall notify Coppell when the Contractor will begin construction of the Project and will provide Coppell with an estimated time of completion (as provided by the Contractor). Coppell hereby grants Lewisville and its Contractor lnterlocal Agreement for Reimbursement — Coppell &Lewisville Page 3 authority to enter Coppell street right -of- -way to complete the Project per the approved construction plans and project specifications. XI. Adequate Consideration. The consideration set forth herein is deemed adequate consideration for the obligations exchanged by the Parties herein. XII. Audit. Upon satisfactory completion of the Project and request by either of the Parties, Coppell and Lewisville shall prepare and complete a full audit of the Project. XIII. Termination. This Agreement may only be terminated prior to Lewisville hiring the Consultant or Contractor for the Project. Prior to such hiring, this Agreement may only be terminated upon either party providing thirty (30) days written notice of termination to the other party. XIV. Notices. This Agreement represents the entire integrated agreement between the Parties and supersedes all prior negotiations, representations and agreements, either oral or written. This Agreement may be amended only in writing, signed by both of the Parties. Notices shall be directed as follows: For Lewisville: Claude King, City Manager City of Lewisville, Texas I51 W. Church Street Lewisville, Texas 75057 Copy To: Ms. Julie Heinze, City Secretary City of Lewisville, Texas l51 W. Church Street Lewisville, Texas 75057 For Coppell: Karen Selbo Hunt, Mayor City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas, 75019 Copy To: City Engineer City of Coppell 265 Parkway Blvd. Coppell, TX 75019 XV. Venue and Jurisdiction. The covenants, terms and conditions herein are to be construed under the laws of the State of Texas and are performable by the Parties in Denton County, Texas. The Parties mutually agree that venue for any obligation arising under this Agreement shall lie in Denton County, Texas. XVI. Coppell Representations. Coppell agrees and understands that Coppell, its employees, servants, agents or representatives shall at no time represent themselves to be employees, servants, agents or representatives of Lewisville. Interlocal Agreement for Reimbursement — Coppell &Lewisville Page 4 XVII. Lewisville Representations. Lewisville agrees and understands that Lewisville, its employees, servants, agents or representatives shall at no time represent themselves to be employees, servants, agents or representatives of Coppell. XVIII. Authority, Responsibility, and Hold Harmless. The Parties agree to retain full responsibility for the acts, negligence, and /or omissions of their own employees. Coppell, however, agrees to release and hold Lewisville harmless for the performance and /or work of the Consultant, Contractor, and any subcontractors related to the Project. Coppell further agrees to release and hold Lewisville harmless for any current or future flaws, failures, errors, and /or omissions relating to the design, construction, geometry and /or effectiveness of the Project. Any future claim by Coppell shall be made against the Consultant, Contractor, and /or any subcontractors, rather than against the City of Lewisville. Although Lewisville shall not be financially responsible for repairing, replacing, or mitigating any portion of the Project whose maintenance is allocated to Coppell in Section VIV of this Agreement, Lewisville shall work with Coppell to bring any necessary and reasonable claims against the relevant maintenance bonds. Lewisville shall require its Consultant, Contractor, and any subcontractors that work on the Project to indemnify both Parties against a_ ny third party claims, damages, losses, causes of action, suits, judgments, expenses including but not limited to attorney fees arising out of or resulting from the work performed on the Project. Lewisville shall also require its Consultant, Contractor, and any subcontractors to list both Parties as additional insured on any required insurance policies. XIX. Sovereign Immunity. This Agreement is not intended to extend the liability of the Parties beyond that provided for by law. Neither Coppell nor Lewisville waive, nor shall be deemed to have hereby waived, any immunity or defense that would otherwise be available to it against claims made by third parties. XX. Severability. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the Parties hereto that the remaining portions shall remain valid and in full force and effect to the fullest extent possible. XXL Authority. The undersigned officers or agents of the Parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties hereto, anal each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. XXII. Effective Date. This Agreement becomes effective when signed by the last party whose signing makes the respective agreement fully executed and the term of this Agreement is for the life of the Project beginning on the date of execution of this Agreement and continuing until the Project is completed. [SIGNATURES ON FOLLOWING PAGE] Interlocal Agreement for Reimbursement — Coppell &Lewisville Page 5 Executed this � day of , 2013. CITY OF COPPELL, TEXAS, 25` Co; Att Ap CITY OF LEWISVILLE, TEXAS 151 W. Church Street Lewisville, Texas 75057 By: �..___ /l Claude King, City Manager Attest: �� ,mil Approved. as to Form: (/ � "� Interlocal Agreement for Reimbursement — Coppell &Lewisville Page 6 Exhibit A Decriptiorvbepiction of Intersection �1 i Interlocal Agreement for Reimbursement — Coppell & Lewisville N flake eY G `l�'��_ �t � - _ . � , Leo pelf C�ty�"''"' C P Page � W J � u� � d � V �� � �pEL� �„ >... =IC �D � _.__..�