Number 32T„ E.` , T T - C F DEPT: Engineering
AGENDA REQUEST FORM COPPELL
DATE: February 14, 2006
x b 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.
APPROVED BY
CITY COUNCIL
ON ABOVE DATE
GOAL(S):
EXECUTIVE SUMMARY:
otion to Approve
- Hinojosa- Flores
- York
)te - 7 -0
Libby Ball
2006.11.24
10.38 39
-0600
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
CA,
3)
FINANCIAL COMl ENTS:
Agenda Request Form - Revised 09/04 Document Name: #Grapevine Interlocal
MEMORANDUM
TO: Mayor and City Council
FROM: Ken Griffin, P.E., Director of Engineering/Public Works
DATE: February 14, 2006
REF: 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 within 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 ls` 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 'A' Grapevine Section $6,000,000.
Total Bid for Bidder 'A' is $11,000,000.
Bidder 'B' Coppell Section $4,900,000.
Bidder 'B' Grapevine Section $6,200,000.
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 would 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 built 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:
interlocal Agreement — Bass Pro /Bethel Road
Page 1
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. 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 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 the award of the bid for the construction of the Project.
interlocal 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
3.01 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.
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:
City of Grapevine
P.O. Box 9510Y
Grapevine, Texas 76099
Attention: City Manager
If to Coppell:
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.
Interlocal 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 Each party hereto warrants that it has received authority from its governing body
to enter into this Agreement.
EXECUTED this Zo *tday of he it r" 2006.
CITY OF GRAPEVINE, TEXAS
By:
William D. Tate, MAYOR
ATTEST:
By:
Linda Huff, CITY RETARY
Interlocal Agreement — Bass Pro /Bethel Road
Page 4
APPROVED AS TO FORM:
By: 4 ATYA Y
Interlocal Agreement — Bass Pro/Bethel Road
Page 5
EXECUTED this ZgWy of 2006.
CIYV OP\COPPEtLJTEXAS
ATTEST:
APPROVED A3"'I'Q FORM:
MI
bert E. HagefXITY ATTORNEY
lnterlocal Agreement — Bass Pro /Bethel Road
uglas N. Stover, MAYOR
20—-
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