HomeMy WebLinkAboutItem 07 - Glade RoadITEM .._�
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROGER NELSON, CITY MANAGER,,W
t
MEETING DATE: SEPTEMBER 7, 2004
SUBJECT: AMENDMENT TO GLADE ROAD INTERLOCAL AGREEMENT
RECOMMENDATION:
The City Manager recommends that Council approve the attached amendment to the
Glade Road interlocal agreement with the City of Euless.
BACKGROUND:
The City of Euless agreed to participate in the cost of construction of Glade Road
through an interlocal agreement. After completion, two items were brought up regarding
Euless' desire to clarify that their payment for the project be limited to the items in
Section Il, paragraphs 6a and 6b. This item states:
"6. The cities agree to funding of the project as follows:
a.) Euless shall reimburse Grapevine on half of the cost of all
construction on Glade Road from State Highway 360 to Champagne
Boulevard including paving, drainage, traffic signals, street lighting,
landscaping, and material testing based upon the lowest
responsible bid, estimated to be $2,285,214.75.
b.) Euless shall reimburse Grapevine the full cost of Euless Water and
Wastewater Improvements constructed with the Project, including
material testing based upon the lowest responsible bid, estimated to
be $326,559.75."
Euless' City Attorney and Grapevine's City Attorney also agreed that there was a need
to clarify the indemnification language in the agreement. The proposed amendment
specifies that Grapevine indemnifies Euless for the items Grapevine is responsible for
and Euless does the same for the items it is responsible for.
A copy of the original interlocal agreement is included for your review. The City Attorney
worked on the language in the amendments and also recommends their approval.
September 1, 2004 (1:28PM)
STATE OF TEXAS
" COUNTY OF TARRANT
FIRST AMENDMENT TO INTERLOCAL AGREEMENT DATED MAY 4T",
2004, BETWEEN THE CITY OF EULESS, TEXAS AND THE CITY OF
GRAPEVINE, TEXAS FOR CONSTRUCTION OF GLADE ROAD
IMPROVEMENTS BETWEEN STATE HIGHWAY 360 AND CHAMPAGNE
BOULEVARD
Referenced agreement is herewith amended in the following respects, effective as
of the date herein last written.
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Clarification is made that the only obligation of Euless for payment under the
Agreement for the Project are those payments for reimbursement to Grapevine
expressly provided for in Section H., paragraphs 6. a) and 6. b).
II.
Subsections 1. and 2. of Section III are hereby amended to hereafter be and read
as follows:
"1. To the extent allowed by law, Euless agrees to indemnify and hold Grapevine
harmless from any claim by a third party for damages arising from or resulting
from the maintenance and other obligations agreed to be performed by Euless in
accordance with the terms of Subsection 12 of Section II above.
2. To the extent allowed be law, Grapevine agrees to indemnify and hold Euless
harmless from any claim by a third party for damages arising from or resulting
from the construction and maintenance and other obligations agreed to be
performed by Grapevine in accordance with the terms of Subsections 11, 12 and 13
of Section II above."
Executed to be effective concurrently with the effective date of the Agreement.
CITY OF EULESS, TEXAS
Joe ennig, ity Man ger,
City of ess, Texas
City Secreta
City of Euless
(SEAL)--
City
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City Attorney
City of Euless, Texas
CITY OF GRAPEVINE, TEXAS
Roger Nelson, City Manager
City of Grapevine. Texas
F."MWA
City Secretary
City of Grapevine, Texas
(SEAL)
City Attorney
City of Grapevine, Texas
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STATE OF TEXAS
COUNTY OF TARRANT §
INTERLOCAL AGREEMENT BETWEEN THE CITY OF EULESS, TEXAS AND
THE CITY OF GRAPEVINE, TEXAS FOR CONSTRUCTION OF GLADE ROAD
IMPROVEMENTS BETWEEN STATE HIGHWAY 360 AND CHAMPAGNE
This Interlocal Agreement (the "Agreement") for the C Construction of
Paving, Drainage, Water, Wastewater, Traffic Signalization, Street Lighting and
Landscaping Improvements on Glade Road from State Highway 360 to
Champagne Boulevard is made and entered into by and between the City of
Euless, Texas, a municipal corporation located in Tarrant County, Texas
("Euless"), and the City of Grapevine, Texas, a municipal corporation located in
Tarrant County, Texas ("Grapevine"). (Grapevine and Euless shall hereafter be
collectively referred to as the "cities").
WHEREAS, Euless and Grapevine mutually desire to enter into an
interlocal agreement to construct roadway and infrastructure improvements to
Glade Road from State Highway 360 to Champagne Boulevard (the "Project");
Orl
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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, Euless and Grapevine have need to construct these roadway
improvements, which shall be located in part in Euless and in part in Grapevine;
MIMI
WHEREAS, Euless and Grapevine shall provide financing for the Project
as provided herein; and
WHEREAS, Euless and Grapevine 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:
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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, Euless and Grapevine
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 bocdy of the Agreement by
reference as though fully set forth in their entirety herein.
OBLIGATIONS OF THE PARTIES
1. The City of Grapevine has contracted for Consulting Engineering
Services related to the design of the Project.
2. The cities agree that the City of Grapevine shall construct, in
accordance with the approved set of construction plans, the Project, the South
one-half lying in Euless and the north one-half lying in Grapevine.
3. The cities agree that Euless shall have an opportunity to review and
approve the construction plans and specification submittals.
4. The cities agree that Euless shall approve Grapevine's award of
construction contract to the lowest responsible bidder prior to Grapevine taking
action and Euless shall have an opportunity to review and approve all change
orders to the construction contract.
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oAhterlocal agreements\City of Euless — Glade Road 2004 Rev 5-4-04
5. The cities agree that the construction contract shall require
Performance and Payment Bonds in the full amount of the contract cost issued to
Grapevine and Maintenance Bonds in the amount of 25% of the contract cost
issued to Grapevine, excluding the cost for Euless Water and Wastewater
Improvements. A second Maintenance Bond shall be issued to Euless for 100%
of the full contract cost of Euless Water and Wastewater Improvements.
6. The cities agree to funding of the project as follows:
a.) Euless shall reimburse to Grapevine one half of the cost of
all construction on Glade Road from State Highway 360 to
Champagne Boulevard including paving, drainage, traffic
signals, street lighting, landscaping, and material testing
based upon the lowest responsible bid, estimated to be
$ 2,285,214.75.
b.) Euless shall reimburse to Grapevine the full cost of Euless
Water and Wastewater Improvements constructed with the
Project, including material testing based upon the lowest
responsible bid, estimated to be $ 326,559.75.
c.) Grapevine shall fund the full cost of Grapevine Water and
Wastewater Improvements constructed with the Project.
7. The cities agree that Grapevine will submit quarterly bills to Euless
for reimbursement of the construction costs of the project.
8. Euless agrees to make payment to Grapevine within a reasonable
length of time after receipt of the quarterly bill from Grapevine.
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9. The cities agree that Grapevine will provide all construction
inspection and construction management for the Project at its sole cost.
10. 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.
11. Grapevine and Euless agree that the construction to be done within .
Euless shall be in accordance with Grapevine'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.
12. The cities agree that Grapevine will provide maintenance on all
roadway and drainage facilities, including signage and pavement markings, lying
within the corporate boundaries of the City of Grapevine as well as maintenance,
repair and / or replacement of all traffic control devices on Glade Road. The City
of Euless will provide maintenance on all roadway and drainage facilities,
including signage and pavement markings, lying within the corporate boundaries
of the City of Euless.
13. The cities agree that Grapevine will provide maintenance on all .
traffic signals and median landscaping and median streetlights constructed with
this project at its sole cost.
14. 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.
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15. The cities agree that a series of neighborhood meetings will be
conducted by the cities to inform the surrounding neighborhoods of the proposed
improvements.
III. INDEMNIFICATION AND HOLD HARMLESS
1. To the extent allowed by law, Euless 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 Euless.
2. To the extent. allowed by law, Grapevine agrees to indemnify and
hold Euless 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.
3. The provisions of these indemnifications shall not apply to acts of
gross negligence or willful misconduct by the indemnified party.
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 Sectionn 101.001 et. seq., or otherwise.
oNnterlocal agreements\City of Euless — Glade Road 2004 Rev 5-4-04
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:
•
City of Grapevine
P.O. Box 95104
Grapevine, Texas 76099
Attention: City Manager
TO EULESS:
City of Euless
201 N. Ector
Euless, Texas 76039-3595
Attention: City Manager
C
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.
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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.
EXECUTED this the day of 2004.
CITY OF GRAPEVINE, TEXAS
ATTEST:
City Secretary
City of Grapevine, Texas
Mayor
City of Grapevine, Texas
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oNnterlocal agreements\City of Euless — Glade Road 2004 Rev 5-4.04
[SEAL]
City Attorney
City of Grapevine, Texas
ATTEST:
City Secretary
City of Euless, Texas
[SEAL]
APPROVED AS TO FORM:
City Attorney
City of Euless, Texas
CITY OF EULESS, TEXAS
Mayor
City of Euless, Texas
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