HomeMy WebLinkAboutItem 23 - Nolen Drive Connection CC ITEM #23
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: APRIL 16, 2013
SUBJECT: ORDINANCE APPROVING CITY OF SOUT AKE ILA -
NOLEN DRIVE CONNECTION
RECOMMENDATION:
City Council consider adopting an ordinance approving City funding participation through
an Interlocal Agreement with the City of Southlake for the design and construction oft e
Nolen Drive connection between the two cities, appropriate funding in an amount of
$200,000
fort City's share of projected expenditures, and take any necessary action.
FUNDING SOURCE:
Funds are available and programmed in Undesignated GO Bonds account 178-78381-000.
BACKGROUND:
The staffs of both cities have been planning forte design and construction of this
connection during the IFY 2013 budget year.
The construction lies slightly more in Grapevine than in Southlake due to the
reconfi guration of the existing cul-de-sac at the no end of Nolen Drive in Grapevine.
The estimated cost for the design and construction is $338,300.00 which will be divided
equally between the two cities.
out lake will provide project management and construction inspection services on the
project and will bill the it of Grapevine quarterly for its half of the project expenses to
date.
The two cities adopted ordinances on November 18, 2008 adjusting the common boundary
between the two cities in the area of Northwest Highway and SH 114. This adjustment of
approximately 18.22 acres eliminated a parcel that was difficult for Southlake to serve and
improved Grapevine's access to and frontage on SH 114.
I n an effort to enhance the benefits to Sout hlake and offset the benefits to Grapevine with
this boundary adjustment ordinance, Sout hlake proposed to include a provision where the
City of Grapevine agreed to the connection of Nolen Drive between the two cities.
RMGENDA\2013k04-16-131No1en Drive ILA.doc
C #2
Grapevine agreed t o t his connection provision at no cost tote City since C we IT w ere nbi
currently planning fort is connection and had no funds programmed for its construction.
The proposed ordinance amends Ordinance 2008-61 to allow the City of Grapevine to
participate in the funding of the project under the terms of an Interlocal Agreement with
Sout hlake under consideration as part o f t his agenda item.
In past City of Grapevine projects that included portions in Colleyville and Euless,
Grapevine has paid for its share of the cost and has provided the project management and
inspection services solely at our cost. In this project, Southlake provides those services.
Staff has identified available GO Bond funds that can be applied tote project for our
share of the project cost.
to recommends that we continue this approach of funding our share of project costs
since both cities will benefit from this connection between light industrial areas.
to recommends approval.
RAGENDAMM04-16-113%olen Drive ILA.doc
CC ITEM #23
STATE OF TEXAS §
COUNTY OF TARRANT §
INTERLOCAL AGREEMENT BETWEEN THE CITY OF GRAPEVINE, TEXAS
AND THE CITY OF SOUTHLAKE, TEXAS FOR CONSTRUCTION OF
THE S. NOLEN DRIVE EXTENSION
This Interlocal Agreement (the "Agreement") for the Construction of the S.
Nolen Drive Extension to include vin and landscaping is made and
entered into by and between the City of Grapevine, Texas, a municipal
corporation located in Tarrant County, Texas ("Grapevine"), and the City of
Southlake, Texas, a municipal corporation located in Tarrant County, Texas
("South) ke"). (S out hlake and Grapevines all hereafter be collectively referred to
as the "cities").
WHEREAS, Grapevine and Southlake mutually desire to enter into an
interlocal agreement to extend S. Nolen Drive (the "Project") between the cities;
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
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WHEREAS, Grapevine and out Lake have need to construct these
roadway improvements, which shall be located in part in Grapevine and in part in
Southlake; and
WHEREAS, Grapevine and Southlake shall provide financing for the
Project as provided herein; and
WHEREAS, Grapevine and Southlake 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:
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
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CC ITEM #23
receipt and sufficiency of which are hereby acknowledged, Grapevine and
Southlake hereby contract, covenant, warrant and are as follows:
L 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 body of the Agreement by
reference as though fully set forth in their entirety herein.
II. OBLIGATIONS OF THE PARTIES
1. The City of Southlake has contracted for Consulting Engineering
Services related to the design of the Project.
2. The cities agree that Grapevine shall have an opportunity to review
and approve the construction plans and specification submittals.
3. 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.
4. The cities agree to contract the services of a Third Party Contractor
to construct the concrete curbs, gutter and flatwork associated with the pavement
of the Project. Southlake will manage the contract with the Third Party
Contractor.
5. The cities agree that the Third Party Contractor shall provide
Performance, Payment and Maintenance Bonds in the full amount of the contract
cost issued to the cities.
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6. The cities agree to funding of the project as follows:
a) Grapevine shall reimburse to Southlake one half oft cost of all
design services for the Project prior to commencement of
construction. The Agreement for Engineering Services has been
structured into two phases:
Phase 1 — Preliminary Plans $5,900.00
Phase 2 — Final $17,400.00
Total Design Cost $23,300.00
b.) Grapevine shall reimburse to Southlake one half oft cost
of all construction for the Project, estimated to be
$315,000.00. The final participation amount shall be
determined from the actual construction contract.
c.) Southlake shall reimburse to Grapevine one half of the cost
for obtaining right-of-way parcels from adjacent land owners.
The final participation shall be determined from the actual
negotiations of such parcels.
7. Grapevine agrees to make payment to Southlake within a
reasonable length of time estimated at 30 days after receipt of the quarterly bill
from Sout hlake.
8. The cities agree that Southlake will provide all construction
inspection and construction management for the Project.
9. Sout ake and Grapevine agree that the construction to be one
within Grapevine shall be in accordance with Sout hlake's Code of Ordinances
including, but not necessarily limited to, providing proper barricades, traffic
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control during construction, detours and project clean up after the contractor is
completed.
10. The cities agree that each respective city will provide maintenance
on all roadway and drainage facilities, including sign age and pavement markings,
lying within their respective corporate boundaries.
11. 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.
Ill. INDEMNIFICATION AND HOLD HARMLESS
1. To the extent allowed by la agrees to indemnify and
hold Sout hlake 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.
2. To the extent allowed by la 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
Southlake.
3. The provisions of these indemnifications shall not apply to acts of
gross negligence or willful misconduct by the indemnified party.
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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 of 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.
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 it in an envelope
with sufficient postage and properly addressed to the other party as follows..
TO SOLITHLAKE: TO GRAPEVINE:
City of Sout ake City of Grapevine
1400 Main Street P.O. Box 95104
Sout hlake, Texas 76092 Grapevine, Texas 76099
Attention: City Manager 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.
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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 tot e City.
5. This Agreement may be executed concurrently in one or more
counterparts, each of is shall be deemed an original, but all of is 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 mm 2013.
CITY OF SOUTHLAKE, TEXAS
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Mayor
City of Southlake, Texas
ATTEST:
City Secretary
City of Southlake, Texas
[SEAL]
APPROVED AS TO FORM:
City Attorney
City of Southlake, Texas
CITY OF GRAPEVINE, TEXAS
Mayor
City of Grapevine, Texas
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ATTEST"
City Secretary
City of Grapevine, Texas
[SEAL]
APPROVED AS TO FORM:
City Attorney
City of Grapevine, Texas
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Pei V&
GRAPEVINE, TEXAS, AMENDING ORDINANCE NO. 2008-61
AND APPROVING COST PARTICIPATION IN NOLEN DRIVE
IMPROVEMENTS; PROVIDING A SEVERABILITY CLAUSE;
DECLARING AN EMERGENCY AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the it of Grapevine previously approved Ordinance No. 2008-61;
and
WHEREAS, the City of Grapevine wishes to participate in the costs of
construction fort Nolen Drive connection with the City of Southlake; and
WHEREAS, the
it Council deems the adoption of this o.rdinance to be in the
best interests of the health, safety, and welfare of the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, T .
Section 1. That all matters stated in the preamble are found to be true and
correct and are incorporated herein for all purposes.
Section 2. That the City Council oft City of Grapevine, Texas, hereby
amends Ordinance No. 2008-61 by amending Section 3.5 to provide that the City of
Grapevine may participate in the costs oft of Drive connection pursuant to the
terms and conditions of an Interlocal Agreement with the City of So ake. Such
Interlocal Agreement is hereby authorized and approved, although same can be
amended by resolution of the City Council of the City of Grapevine, Texas.
Section 3. That the public importance of this measure creates an emergency
and an imperative public necessity, and this ordinance shall take effect and be in full
force and effect immediately upon its passage; and all ordinance and/or charter rules
requiring ordinances to be considered and passed at more than one meeting or session
are hereby dispensed with for the purpose of adopting this ordinance as an emergency
ordinance, and this ordinance shall take effect and be in force and effect from and after
its final passage, as provided by the Charter of the City.
Section 4. That it is hereby declared to be the intention of the City Council of
the it of Grapevine, that sections, paragraphs, clauses and phrases of this ordinance
are severable, and if any phrase, clause, sentence, paragraph, or section of this
ordinance shall be declared unconstitutional by the valid judgment or decree of any
court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any
oft remaining phrases, clauses, sentences, paragraphs, ors c ions of this ordinance
CC ITEM #23
since the same would have been enacted by the City Council of the City of Grapevine
without the incorporation in this ordinance of any such unconstitutional or invalid phrase,
clause, sentence, paragraph or section.
Section 5. That this ordinance all take effect from and after the date of its
passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, on the 16th day of April, 20130
APPROVED:
ATTEST:
APPROVED AS TO FORM:
ORD. NO. 2
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