HomeMy WebLinkAboutItem 16 - Asphalt Overlay WorkMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER ?J�Z'
MEETING DATE: NOVEMBER 1, 2016
SUBJECT: INTERLOCAL AGREEMENT WITH TARRANT COUNTY FOR
ASPHALT OVERLAY WORK ON FOXFIRE LANE
RECOMMENDATION
City Council to consider approving an Interlocal Agreement with Tarrant County for the
asphalt overlay of Foxfire Lane and take any necessary action.
FUNDING:
Funds for this purchase are in the Street Division Permanent Street Maintenance Fund
Acct # 174-43301-415-090.
BACKGROUND:
This Interlocal Agreement is one that Tarrant County and the City have engaged in during
past budget years. Tarrant County provides the labor and equipment for the placement of
a 2" hot mix asphalt concrete (HMAC) overlay of Foxfire Lane and the City pays for the
cost of the HMAC materials and trucking costs. The City will also provide traffic control and
striping as needed.
The overlay work will cover all of the existing roadway.
This program is designed to establish a mechanism for Tarrant County to assist cities
within the county by offering the services of their labor and their expertise in asphalt overlay
operations.
Staff recommends approval.
R:\Agenda\2016\2016-11-01\Tarrant County ILA Fore Lane.doc
THE STATE OF TEXAS
INTERLOCAL AGREEMENT
COUNTY OF TARRANT
This Interlocal Agreement is between Tarrant County, Texas ("COUNTY"),
and the City of Grapevine ("CITY").
WHEREAS, the CITY is requesting the COUNTY's assistance to:
Resurface Foxfire Lane located within the City of Grapevine from
Lonesome Dove Road to the End of Roadway at the Lone Dove
Ranch Entrance (Approximately 4,650 linear feet).
Hereinafter referred to as the "Project".
WHEREAS, the Interlocal Cooperation Act contained in Chapter 791 of the
Texas Government Code provides legal authority for the parties to enter into this
Agreement; and
WHEREAS, during the performance of the governmental functions and the
payment for the performance of those governmental functions under this
Agreement, the parties will make the performance and payment from current
revenues legally available to that party; and
WHEREAS, the Commissioners Court of the COUNTY and the City Council
of the CITY each make the following findings:
a. This Agreement serves the common interests of both parties;
b. This Agreement will benefit the public;
C. The division of costs fairly compensates both parties to this
Agreement; and
d. The CITY and the COUNTY have authorized their representative to
sign this Agreement.
e. Both parties acknowledge that they are each a "governmental entity"
and not a "business entity" as those terms are defined in Tex. Gov't
Code § 2252.908, and therefore, no disclosure of interested parties
pursuant to Tex. Gov't Code Section 2252.908 is required.
NOW, THEREFORE, the COUNTY and the CITY agree as follows:
TERMS AND CONDITIONS
1. COUNTY RESPONSIBILITY
The COUNTY will furnish the labor and equipment to assist the CITY in
completing the Project:
Foxfire Lane: The CITY will make all necessary repairs to the
roadway prior to the COUNTY starting work. The COUNTY will place
two inches of asphalt surface over the existing asphalt surface,
backfill the pavement edges and clean the jobsite.
2. CITY RESPONSIBILITY
2.1 The CITY will furnish and pay for the actual cost of the materials,
including any delivery or freight cost. The CITY will provide a
purchase order and will be billed directly by the material supplier.
The COUNTY may accumulate and bill the CITY for incidental
material cost.
2.2 The CITY will pay for one-half of the COUNTY's fuel used to
construct this Project. The COUNTY will invoice the CITY for the fuel
consumed at the conclusion of the Project.
2.3 The CITY will be responsible for all traffic control necessary to safely
construct this project. This responsibility includes all advance
notices, signage, barricades, pilot vehicles, and flagmen necessary
to control traffic in and around the construction site. The CITY will be
responsible for and provide portable message boards to supplement
traffic control as needed.
2.4 The CITY will make all necessary repairs and preparations to the
existing roadway prior to the COUNTY starting work.
2.5 The CITY will adjust all utilities, manholes and valve boxes for this
Project.
2.6 The CITY will provide the COUNTY with a hydrant meter and all the
water necessary for construction of the Project at no cost to the
COUNTY.
2.7 The CITY will provide or pay for any engineering, survey, and
laboratory testing required for this Project.
2.8 The CITY will furnish a site for dumping all spoils and waste materials
generated during construction of this Project.
2.9 The CITY will provide the material to backfill the pavement edges for
this project.
2.10 If required, the CITY will be responsible for the design and
development of a Storm Water Pollution Prevention Plan (SWPPP).
The CITY further agrees to pay for all cost (including sub -contractor
2
materials, labor and equipment) associated with the implementation
of the plan. The COUNTY will be responsible for maintenance of the
plan during the duration of the Project. Documentation and record
keeping of the SWPPP will be the responsibility of the CITY.
3. PROCEDURES DURING PROJECT
COUNTY retains the right to inspect and reject all materials provided for this
Project.
If the CITY has a complaint regarding the construction of the project, the CITY
must complain in writing to the COUNTY no later than 30 days of the date of project
completion.
4. NO WAIVER OF IMMUNITY
This Agreement does not waive COUNTY rights under a legal theory of sovereign
immunity. This Agreement does not waive CITY rights under a legal theory of
sovereign immunity.
5. OPTIONAL SERVICES
5.1 If requested by the CITY, the COUNTY will apply permanent striping
coordinated through the Transportation Department. Application of
striping by the COUNTY is limited to Project roadways. If the CITY
desires permanent striping applied to any roadways or portions of
roadways not covered by this Agreement, the CITY will need to enter
into a separate agreement with the COUNTY for the provision of
those services.
6. TIME PERIOD FOR COMPLETION
The CITY will give the COUNTY notice to proceed at the appropriate time.
However, the COUNTY is under no duty to commence construction at any
particular time.
7. THIRD PARTY
This contract shall not be interpreted to inure to the benefit of a third party not a
party to this contract. This contract may not be interpreted to waive any statutory
or common law defense, immunity, including governmental and sovereign
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immunity, or any limitation of liability, responsibility, or damage of any party to
this contract, party's agent, or party's employee, otherwise provided by law.
8. JOINT VENTURE & AGENCY
The relationship between the parties to this Agreement does not create a
partnership or joint venture between the parties. This Agreement does not appoint
any party as agent for the other party.
9. EFFECTIVE DATE
This Agreement becomes effective when signed by the last party whose signing
makes the Agreement fully executed.
10. TERMINATION
This Agreement will automatically terminate on either September 30,
2017 or on the date the project is completed, whichever occurs first.
Nothwithstanding the foregoing, or any other language to the contrary,
either party may terminate this Agreement without cause upon thirty (30)
days' written notice to the other party prior to the intended date of
termination. In the event of termination by either party, neither party shall
have any further obligations to the other party under this Agreement,
except that the CITY remains liable to the COUNTY for any outstanding
invoice for materials that the COUNTY provides for the project, if any.
TARRANT COUNTY, TEXAS CITY OF GRAPEVINE
El
B. Glen Whitley
County Judge
Date:
Gary Fickes
Commissioner, Precinct 3
Date:
Attest:
APPROVED AS TO FORM*
Criminal District Attorney's Office*
* By law, the Criminal District Attorney's
Office may only approve contracts for its
clients. We reviewed this document as to
form from our client's legal
perspective. Other parties may not rely on
this approval. Instead those parties should
seek contract review from independent
counsel.
Bruno Rumbelow
City Manager
Date:
John S. Laster, P.E.
Director of Public Works
Date:
Attest:
APPROVED AS TO FORM AND LEGALITY
Assistant City Attorney