(6/25/2007) Ken Griffin - Interlocal w/Grapevine
5/2007) Ken Griffin - Interlocal w/Grapevine
Pa
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"Cindy Brown" <CBrown@njdhs.com>
<kgriffin@ci.coppell.tx.us>
<pcrocker@ci.coppell.tx.us>
1/4/2006 5:09 PM
Interlocal w/Grapevine
Coppelllnterlocal Agmt.doc
Ken,
Please find attached for your review the Interlocal with Grapevine.
Bob asked that I forward this to M. Boyle as well but since I don't have
an email address for Mr. Boyle. If you do, would you please forward it
for his comment as well and copy us so that we know it was sent to him?
Thank you,
Cindy Brown
Legal Assistant to Robert E. Hager
NICHOLS, JACKSON, DILLARD,
HAGER & SMITH, LLP
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
Direct: 214-665-3322
Main: 214-965-9900
Fax: 214-965-001 0
5/2007) Ken Griffin - Revised Interlocal Agreement
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Pa
"Stan Laster" <Stanl@ci.grapevine.tx.us>
<kgriffin@ci.coppell.tx.us>
9/23/2005 10:53 AM
Revised Interlocal Agreement
Interlocal Agmt Coppell Rev 9-22-05.doc
Stan
Modifications to Paragraphs 7 & 10 made.
STATE OF TEXAS
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INTERLOCAL AGREEMENT
COUNTIES OF DALLAS AND TARRANT
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, 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:
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.
II
OBLIGA TIONS OF THE PARTIES
2.01 The Cities have independently contracted and paid for Consulting Engineering
Services related to the design of the Project.
Interlocal Agreement - Bass ProIBethel Road
Page 1
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. Coppell 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 the 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.
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 the award of the bid for the construction of the Project.
2.10 The Cities agree that upon award of the bid, each of the respective Cities shall be
comprised of two 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
INDEMNIFICA TION AND HOLD HARMLESS
3.01 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.
Interlocal Agreement - Bass ProIBethel Road
Page 2
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 Coppell:
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.
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 subj ect 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.
Interlocal Agreement - Bass ProIBethel Road
Page 3
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 Each party hereto warrants that it has received authority from its governing body
to enter into this Agreement.
EXECUTED this _ day of
,2006.
CITY OF GRAPEVINE, TEXAS
By:
William D. Tate, MAYOR
ATTEST:
By:
Linda Huff, CITY SECRETARY
APPROVED AS TO FORM:
By:
CITY ATTORNEY
Interlocal Agreement - Bass ProIBethel Road
Page 4
EXECUTED this _ day of
,2006.
APPROVED AS TO FORM:
By:
Robert E. Hager, CITY ATTORNEY
Interlocal Agreement - Bass ProIBethel Road
CITY OF COPPELL, TEXAS
By:
ATTEST:
By:
Douglas N. Stover, MAYOR
Libby Ball, CITY SECRETARY
Page 5