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ST9905-AG060214AGENDA REQUEST FORM COFFELL DEPT: Engineering DATE: February 14, 2006 ITEM #: 8/G ITEM CAPTION: Consider approval of an interlocal agreement between the City of Coppell and the City of Grapevine to provide for joint bidding of the construction of Bethel Road and Bass Pro Drive, between S. H. 121 and Freeport Parkway, and authorizing the Mayor to sign. GOAL(S): IIII 1 APPROVED BY CITY COUNCIL ON ABOVE DATE Vlotion to Approve ~4 - Hinojosa-Flores S - York ,/ote - 7-0 EXECUTIVE SUMMARY: Approval of this interlocal agreement will allow for the joint bidding of the Bethel Road and Bass Pro Drive projects to obtain a common contractor for the work in both cities. Staff recommends approval of the interlocal agreement with the City of Grapevine and will be available for any questions at the Council meeting FINAN~CI!~ C~MMENTS: Agenda Request Form Revised 09/04 Document Name: #Grapexine InterlocM T H E · C I T Y · 0 F COPPELL TO: FROM: DATE: REF: MEMORANDUM Mayor and City Council Ken Griffin, P.E., Director of Engineering/Public Works February 14, 2006 Consider approval of an interlocal agreement between the City of Coppell and the City of Grapevine to provide for joint bidding of the construction of Bethel Road and Bass Pro Drive, between S. H. 121 and Freeport Parkway, and authorizing the Mayor to sign. In February 2001, City Council approved a design contract with TranSystems to design Bethel Rd. within the City of Coppell, from Freeport Pkwy. to our west city limits. Subsequent to that, we worked closely with the City of Grapevine to insure that Bass Pro Dr., from the City of Coppell's west city limits to S.H. 121, would be designed and constructed in a similar time frame. The City of Grapevine then hired TranSystems to design Bass Pro Dr. in the City of Grapevine. The design of both Bethel Rd. and Bass Pro Dr. is complete, right-of-way has been acquired and utility relocations have begun. One concern that both cities have had during this process is that to bid the project separately could mean that different contractors would be working on basically the same roadway in the same timeframe, and there may be lack of coordination between the two contractors. Since early 2004, the cities of Coppell and Grapevine have been working to draft an interlocal agreement that would allow both Bethel Rd. and Bass Pro Dr. to be bid at one time, as one project, with both cities financially responsible for the portion of the roadway xvithin their respective city. Over the past two years, the interlocal agreement has taken on various forms. However, the sole purpose for the interlocal agreement was to allow for joint bidding so that one contractor was working on both projects. The agreement with this agenda item does accomplish that goal. In the fourth "Whereas" on the 1st page, it states that the "sole purpose of this Agreement is to provide for the joint bidding of the project by the Cities to obtain a common contractor for the work in both cities". Section 2.02 states that each city will cause the construction of the portion of the roadway within their respective city. Section 2.07 states that the award will be to the successful low bidder on the total project. It is conceivable that there could be a low bidder on the section in Coppell that would not be the overall low bidder considering both Coppell and Grapevine. However, it is the opinion of both cities, that while that may occur, the overriding benefit of having one contractor on the project outweighs what could be an additional cost to either Coppell or Grapevine, by going with the overall bidder (see example). "EXAMPLE" Bidder 'A' Coppell Section $5,000,000. Bidder 'B' Coppell Section $4,900,000. Bidder 'A' Grapevine Section $6,000,000. Bidder 'B' Grapevine Section $6,200,000. Total Bid for Bidder 'A' is $11,000,000. Total Bid for Bidder 'B' is $11,100,000. In this example, the overall low bidder for the project is Bidder 'A' and per the interlocal that would be the contractor that both Grapevine and Coppell ~vould award the bid to. However, in the example, the overall low bidder for the City of Coppell was actually Bidder 'B', but because they were not the overall low bidder, their bid would not be awarded. Section 2.10 states that after the bid opening, each city will enter into a separate contract with the contractor for the portion of the project within their respective city. This is important so that we do not get involved in any issue that may arise on the section of Bass Pro within the City of Grapevine. By the same token, we would not want Grapevine interjecting themselves in any issue that may arise in the City of Coppell on Bethel Rd. So, it is important for each city to enter into and maintain a separate contract with the common contractor. As previously stated, it is staffs opinion that having one contractor on the entire project is advantageous to both Coppell and Grapevine. Therefore, staff recommends that the City Council approve the interlocal agreement between the City of Coppell and the City of Grapevine. Staff will be available to answer any questions at the Council meeting. STATE OF TEXAS § COUNTIES OF DALLAS AND TARRANT § INTERLOCAL AGREEMENT This Interlocal Agreement ("Agreement") for the Construction of Paving and Drainage on Bass Pro Drive and Bethel Road from State Highway 121 to Freeport Parkway (the "Project") is made and entered into by and between the City of Coppell, Texas, a municipal corporation located in Dallas County, Texas ("Coppell"), and the City of Grapevine, Texas, a municipal corporation located in Tarrant County, Texas ("Grapevine"). (Grapevine and Coppell shall hereafter be collectively referred to as "the Cities"). WHEREAS, the Cities mutually desire to enter into an interlocal agreement to provide competitive bidding and construction of the Project; 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 WHEREAS, the Cities shall provide financing for the portion of the Project within their respective cities as provided herein; and WHEREAS, it is mutually understood that the sole purpose of this Agreement is to provide for the joint bidding of the project by the Cities to obtain a common contractor for the work in both cities; and WHEREAS, the Cities are local governments in the State of Texas, and as such are empowered by the Texas Local Government Code, Section 271.101-271.102 to enter into a cooperative purchasing program agreement with other qualified entities in the State of Texas; and WHEREAS, the Cities wish to utilize established contracts meeting all State of Texas bidding requirements for various goods and services. WHEREAS, it is mutually advantageous to both parties to enter into this Agreement; NOW, THEREFORE, for and inconsideration 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, the Cities hereby contract, covenant, warrant and agree as follows: lnterlocal Agreement - Bass Pro/Bethel Road Page I I ADOPTION OF PREAMBLE All of the matters stated in the preamble of this Agreement are true and correct and are hereby incorporated into the body of the Agreement as though fully set forth in their entirety herein. I1 OBLIGATIONS OF THE PARTIES 2.01 The Cities have independently contracted and paid for Consulting Engineering Services related to the design of the Project. 2.02 The Cities agree that the construction of Bass Pro Drive in Grapevine and Bethel Road in Coppell will be jointly bid as one project. Coppel! shall cause the construction of Bethel Road from the Coppell/Grapevine city limits to Freeport Parkway solely at Coppell's cost and Grapevine shall cause the construction of Bass Pro Drive from the Coppell/Grapevine city limits to S.H. 121 solely at Grapevine's cost. 2.03 The Cities agree that each respective city shall review and approve all construction plans and specifications within their city for the Project. 2.04 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. 2.05 The Cities agree that one set of bid documents and specifications shall be prepared by Coppell for bidding purposes. 2.06 The Cities agree that each City shall prepare and include a bid list with a subtotal cost in the joint bid documents. 2.07 The Cities agree that the contract shall be awarded to the successful bidder on the total Project cost comprised of the total cost of each City's bid list and subtotal cost. For all work included in or associated with the Project, the Cities hereby enter into a cooperative purchasing program with one another, pursuant to Section 271.102 of the Local Government Code. All payments made pursuant to this cooperative purchasing agreement shall be made directly to the contractor or vendor, and each of the respective Cities shall be responsible for ensuring compliance and quality. 2.08 The Cities agree that unit costs bid for the same item in each City's bid list shall be the same. No deviation shall be allowed in the bid unless approved by both Cities. 2.09 The Cities agree that after the bid opening, neither city will unnecessarily withhold thc award of the bid for the construction of the Project. lnterIocal Agreement Bass Pro/Bethel Road Page 2 2.10 The Cities agree that the award of the bid by each respective City shall be comprised of separate contracts between the successful bidder and each respective City for the portion of the Project constructed within their respective city. 2.11 The Cities agree that the construction within each city shall be in accordance with each City's respective design standards and Code of Ordinances including, but not necessarily limited to, providing proper barricades, traffic control during construction, detours and project clean up after the Project is complete. III INDEMNIFICATION AND HOLD HARMLESS 3.0! GRAPEVINE AGREES TO INDEMNIFY AND HOLD COPPELL HARMLESS FROM ANY CLAIM BY A THIRD PARTY FOR DAMAGES ARISING FROM OR RESULTING FROM THE CONSTRUCTION OF THAT PORTION OF THE PROJECT LYING IN GRAPEVINE. 3.02 COPPELL AGREES TO INDEMNIFY AND HOLD GRAPEVINE HARMLESS FROM ANY CLAIM BY A THIRD PARTY FOR DAMAGES ARISING FROM OR RESULTING FROM THE CONSTRUCTION OF THAT PORTION OF THE PROJECT LYING IN COPPELL. 3.03 HOWEVER~ 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 ETSEQ., 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: If to Grapevine: If to Coppeli: City of Grapevine P.O. Box 95104 Grapevine, Texas 76099 Attention: City Manager City of Coppell P. O. Box 9478 Coppell, Texas 75019 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 5.01 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. lnterlocal Agreement Bass Pro/Bethel Road Page 3 5.02 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. 5.03 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. 5.04 All payments made hereunder shall be payable from funds currently available to the respective Cities. 5.05 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. 5.06 If, in case anyone 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. 5.07 The obligations and undertakings of each of the parties to this Agreement are and shall be performable in Dallas County, Texas. 5.08 to enter into this Agreement. EXECUTED this gO t4day of Each party hereto warrants that it has received authority from its governing body ~e ~,~r ~, , 2006. / CITY OF GRAPEVINE~ TEXAS By: William D. Tate, MAYOR ATTEST: By: ~~ L-'~nda~ Huff, CITY(8~RETARY lnterlocal Agreement Bass Pro/Bethel Road Page 4 APPROVED AS TO FORM: lnterlocal Agreement - Bass Pro/Belhel Road Page 5 ,2006. OPPI tTEXAS ATTEST: APPROVE~~~////~, :~. ~ By: ~Ifia~T~ATTORNEY Interlocal Agreement Bass Pro/Bcthel Road Page 6 BASS PRO DRIVE / BETHEL ROAD WIDENING PROJECT Interlocal Agreement Details · One Bid process · One Contract Executed by both Cities · One set of specs One set of contract documents One set of unit costs · Clarify any details in two City package in Contract Documents · Each City pay to Contractor for each month's work based on units constructed. Grapevine add 2 yr 25% Maintenance Bond Cost as bid item. Two inspectors Two management teams Bonds issued in both Cities names Insurance requirements - additional insured Inspection Overtime Work Hours ,~,//Engineer will break out units for each City prior to award of contract · Irrigation, Landscaping, ~, Sidewalk ~..~-~ DFW Airport- Fence, fill, trees · NOI- Erosion control ~-~ Batch Plant · Change Orders O:~stan\basspro drive\lnterlocal Agreement Thoughts 7-25-05 COFFELL February 1,2005 Jerry Hodge, Director of Public Works City of Grapevine P.O. Box 95104 Grapevine. Texas 76099 Interlocal Agreement,' Construction of Bethel Road/Bass Pro Drive ProJeCt # ST99-05 [)ear Mr. }lodge: Attached to this letter is a revised Interlocal Agreement proposed between the c~t~es of Grapevine and Coppelh I have taken the original 'draft' agreement provided by your office and revised it. In our prior meetings concerning these projects, there has been discussion concerning the City of Coppell overseeing the construction of both projects up to and including inspection. The agreement, as originally presented, included language that the City of Coppell would provide all construction inspection and construction management. I have revised thc agreement so that the scope of the agreement pertains strictly to the bidding ot the projects. I added a ~WIIEREAS' on the first page stating that the sole puq~ose is to provide for the joint bidding of lhe pr(~lect and to obtain a common contraclor for the work. I deleted portions of Section II, which discussed Grapevine reimbursing Coppel] for the cost of the project and the City of Coppell providing construction mspecnon and construction management for the project. I then added a new paragraph which states that neither c~ty will unnecessarily withhold the award of the bid alter the bid opening. Thc revismns are different than some of our prior discussions, however, it is my belief that the intent all along was to obtain a corrm~on design engineer, which we did; and then to obtain a common contractor to construct the project. The City of Coppell only employees three construction inspectors and in the next six months we will be starting tN'cc major roadway projects, several major water and sew'er line projects, and the construction ora lift station. The itu-cc inspectors also inspect all private development that continues within the City of ( oppcll. Staff wise, thc city cannol take on lhe management ora project within another city. Once you ha;'e had the opportunity to reviexv the revised agreement, I will be happy to discuss the timetable lbr Bethel Road and Bass Pro Drive with you. Sincerely, Kenneth M. Griffin, P.E. Director of Engineering/Public Works Oflice 972/304-3686 Fax 972/304-7041 c-mail kgri ffin(wci.coppelhtx.us STATE OF TEXAS COUNTY OF TARRANT COUNTY OF DALLAS INTERLOCAL AGREEMENT BETWEEN THE CITIES OF GRAPEVINE AND COPPELL, TEXAS FOR CONSTRUCTION OF BASS PRO DRIVE AND BETHEL ROAD IMPROVEMENTS BETWEEN STATE HIGHWAY 121 AND FREEPORT PARKWAY. This Interlocal Agreement (the "Agreement") for the Construction of Paving and Drainage on Bass Pro Drive and Bethel Road from State Highway 121 to Freeport Parkway is made and entered into by and between the City of Coppell, Texas, a municipal corporation located in Dallas County, Texas ("Coppell"), and the City of Grapevine, Texas, a municipal corporation located in Tarrant County, Texas ("Grapevine"). Grapevine and Coppell shall hereafter be collectively referred to as the ("City"). WHEREAS, Coppell and Grapevine mutually desire to enter into an interlocal agreement to construct roadway and infrastructure improvements to Bass Pro Drive and Bethel Road from State Highway 121 to Freeport Parkway (the "Project"); 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 WHEREAS, Coppell and Grapevine have need to construct these roadway improvements, which shall be located in part in Coppell and in part in Grapevine; and WHEREAS, Coppell and Grapevine shall provide financing for the portion of the Project within their respective cities as provided herein; and WHEREAS, Coppell and Grapevine are willing to cooperate with one another to accomplish the biddinq and construction and ~"~;'-*"'--' ............ nco as provided in this Agreement; and WHEREAS, it is mutuafly understood that the sole purpose of thi, s Agreement is to provide for the/oint bidding of the pro/ect by the cities to obtain a common contractor for the work in both cities: 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 receipt and sufficiency of which are hereby acknowledged, Coppell and Grapevine hereby contract, covenant, warrant and agree as follows: ADOPTION OF PREAMBLE All of the matters stated in the preamble of this Agreement are true and correct and are hereby incorporated into the body of the Agreement as though fully set forth in their entirety herein. II. OBLIGATIONS OF THE PARTIES 1. Grapevine and Coppell have independently contracted and paid for Consulting Engineering Services related to the design of the aforementioned roadway improvements. 2. The cities agree that the construction of Bass Pro Drive in Grapevine and Bethel Road in Copper will be /ointly bid as one prelect. .... *r,,~+; .... ~ DFO ~;"~ f"~ q+~+~ u;~'*'ay 12! *~ tho ~-~ ....... ~ .........¢ ....................... ~ ~ ..... ~ ........... u~. oppell shall cause the construction of construct Bethel Road from the Coppell/Grapevine city limits to FreepoA Parkway solely at Coppell's cost and Grapevine shall cause the construction of Bass Pro Drive from the Coppell/Grapevine city fimits to S.H. 121 solely at Grapevine's cost. 3. The cities agree that Grapevine and Coppell shall review and approve all construction plans and specifications within their respective cities, for this project. & 4. The cities agree that each respective city will be responsible for pursuing the relocation of public utilities within their city and each city will 2 /nter!ocal agreements/City of Coppell - Bass Pro Dr/Bethel Re] 2004 acquire the necessary rights-of-way and easements for the construction of the Project. 5. The cities agree that after the bid opening, neither city will unnecessarily withhold the award of the bid for the construction of the Proiect. · .--, ,-,, .............................. ~ ropsvlRo's ok-,,,-, 9~ 6. The cities agree that the construction to bo dono within each city Grapovino shall be in accordance with each city's Coppo!!'s Code of Ordinances including, but not necessarily limited to, providing proper barricades, traffic control during construction, detours and project clean up after the contractor is completed. III. INDEMNIFICATION AND HOLD HARMLESS a) Grapevine agrees to indemnify and hold Coppell harmless from any claim by a third party for damages arising from or resulting from the construction of that portion of the Project lying in Grapevine. b) Coppell agrees to indemnify and hold Grapevine harmless from any claim by a third party for damages arising from or resulting from the construction of that portion of the Project lying in Coppell. However, 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. 3 inrerlocal agzeements/City of Coppell - Bass Pro Dr/Bethel Rd 2004 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 GRAPEVINE: TO COPPELL: City of Grapevine P.O. Box 95104 Grapevine, Texas 76099 Attention: City Manager City of Coppell P.O. Box 9478 Coppell, Texas 75019-9478 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. 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. 4 Interlocal agreements/City of Coppell - Bass Pro Dr/Bethel Rd 2004 7. The obligations and undertakings of each of the parties to this Agreement are and shall be performable in Dallas County, Texas. 8. Each party hereto warrants that it has received authority from its governing body to enter into this agreement. EXECUTED THIS day of ,2005. CITY OF GRAPEVINE, TEXAS MAYOR City of Grapevine, Texas ATTEST: APPROVED AS TO FORM: CITY SECRETARY City of Grapevine, Texas CITY ATTORNEY City of Grapevine, Texas CITY OF COPPELL, TEXAS DOUGLAS N. STOVER, MAYOR City of Coppell, Texas ATTEST: APPROVED AS TO FORM: LIBBY BALL, CITY SECRETARY City of Coppell, Texas ROBERT E. HAGER, CITY ATTORNEY City of Coppell, Texas 5 Interlocal agreements/City of Coppell Bass Pro Dr/Bethel Rd 2004 Bob Attached is an lnterlocal that Grapevine has prepared for the City of Coppell to manage and inspect the reconstruction of Bethel Road, even the portion in Grapevine that is called "Bass Pro". The Interlocal is basic, however, I have emailed Grapevine and told them that the inspection of Bass Pro in Grapevine would require that Grapevine pay for our inspectors time. It is noted in Section II.4. of the lnterlocal. It's my opinion that the City should not be providing free services in an adjacent City ( it might not even be legal). Anyway, let me know what your comments are on the Interlocal. Thanks ken griffin >>> "Lorna Gibson" <LGibson~ci.grapevine.tx.us> 1/28/2004 4:52:05 PM >>> Attached is our first at/empt at the Interlocal for Bass Pro/Bethel. Please review and comment. We had our attorney review this draft and thcorporated his comments. We heard from DFW that the requests for easements are going forward. Will you be proceeding forward with the plans as they currently are or will you have any redesign that we will need to incorporate in ours? Thank you and please let me know if you have any questions Ken Griffin- Re: Intedocal Pag~ i i From: To: Date: Subject: "Lorna Gibson" <LGibson@ci.grapevine.tx.us> <kgriffin@ci.coppell.tx.us> 2/12/2004 10:00:50 AM Re: Interlocal I just wanted to check in with you on the interlocal. From what I hear the City of Grapevine will be providing inspection services for the portion that is in Grapevine. Please let me know if that is your understanding and if you need any more information from me. Thanks and have a great day. >>> "Ken Griffin" <kgriffin@ci.coppell.tx.us> 01/29/04 09:44AM >>> Lama, Thanks for the Interlocal Draft. I am currently having our attorney review it. However, the following area needs clarification - Section II-Obligations of the Parties...4. The cities agree that Coppell will provide all construction inspection and construction management for the project. We did discuss Coppell providing the inspection for the entire project, however, it was not our intention to provide this service for free. We typically charge 4% of the value of the project to provide inspection. On our own projects we pay our inspectors out of the project funds so we obtain a true accounting of the cost of the project. Please review this and let me know Grapevines position. Thanks, Ken Griffin >>> "Lorna Gibson" <LGibson@ci.grapevine.tx.us> 1/28/2004 4:52:05 PM Attached is our first attempt at the Interlocal for Bass Pro/Bethel. Please review and comment. We had our attorney review this draft and incorporated his comments. We heard from DFW that the requests for easements are going forward. Will you be proceeding forward with the plans as they currently are or will you have any redesign that we will need to incorporate in ours? Thank you and please let me know if you have any questions