HomeMy WebLinkAboutItem 23 - Kimball AvenueMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: OCTOBER 4, 2022
SUBJECT: INTERLOCAL AGREEMENT FOR REHABILITATION AND
RESURFACING OF NORTH KIMBALL AVENUE AND CONSTRUCTION
COST AND APPROPRIATION ORDINANCE
RECOMMENDATION: City Council to consider approval of an Interlocal Agreement with Tarrant
County for two rehabilitation and resurfacing projects on Kimball Avenue,
approval of an Interlocal Agreement with the City of Southlake for
reimbursement of half the cost of the shared portion of the project, and
approval of an ordinance appropriating the funds.
FUNDING SOURCE: Upon approval of the attached ordinance, funds will be available in the
Capital Projects Street Fund in the estimated amount of $425,000.
BACKGROUND: The proposed Interlocal Agreement is a partnership that Tarrant County
and the City have entered into previously for work on various city streets.
Tarrant County has also entered into similar agreements with neighboring
cities.
Under the terms of the agreement, Tarrant County will provide labor and
equipment for the rehabilitation activities. The City will pay for materials,
one-half of fuel costs, traffic control and other miscellaneous items for the
projects listed below.
Kimball - Dove to Meadowmere: This project will include a new 8" cement
stabilized base with 4" of asphalt paving. All striping will be replaced as
part of this project. This project is approximately 3,500 feet long and
estimated to cost $315,000. As the roadway is divided between Grapevine
and Southlake, Southlake will reimburse 50% of all costs incurred.
Kimball - Meadowmere to Lakeview Drive: This project will include a new
asphalt overlay. All striping will be replaced as part of this project. This
project is approximately 3,600 feet long and estimated to cost $110,000.
Taking into account the ILA with the City of Southlake, Grapevine's overall
cost is estimated at $267,500.
Staff recommends approval.
ORDINANCE NO. 2022-068
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, AUTHORIZING THE RECEIPT OF
$157,500 FROM THE CITY OF SOUTHLAKE IN THE
CAPITAL PROJECTS STREETS FUND FOR HALF THE
COST OF NORTH KIMBALL AVENUE IMPROVEMENTS
SHARED BY SOUTHLAKE AND GRAPEVINE; AND
APPROPRIATION OF $425,000 IN THE CAPITAL PROJECT
STREETS FUND FOR EXPENDITURES ASSOCIATED WITH
NORTH KIMBALL AVENUE IMPROVEMENTS; DECLARING
AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council of the City of Grapevine desires to enter into an
Interlocal Agreement with Tarrant County for the rehabilitation and resurfacing of North
Kimball Avenue; and
WHEREAS, the City Council of the City of Grapevine desires to enter into an
agreement with the City of Southlake to pay for half of the costs associated with the
rehabilitation and resurface of the shared portion of North Kimball Avenue for a cost of
approximately $157,500; and
WHEREAS, funding will be available in the Capital Projects Streets Fund for the
rehabilitation and resurfacing of North Kimball Avenue; and
WHEREAS, all constitutional and statutory prerequisites for the approval of this
ordinance have been met, including but not limited to the Open Meetings Act and Chapter
211 of the Local Government Code; and
WHEREAS, the City Council deems the adoption of this ordinance 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, TEXAS:
Section 1. That all matters stated hereinabove are found to be true and correct
and are incorporated herein by reference as if copied in their entirety.
Section 2. That the City Council hereby authorizes the receipt of $157,500 in the
Capital Projects Streets fund resulting from the anticipated payment from the City of
Southlake for half the cost of rehabilitation and resurfacing of the shared portion of North
Kimball Avenue.
Section 3. That the City Council hereby authorizes $425,000.00 be appropriated
from the Capital Projects Streets Fund for the rehabilitation and resurfacing of North
Kimball Avenue by Tarrant County.
Section 4. That the terms and provisions of this ordinance shall be deemed to be
severable, and that if the validity of any section, subsection, word, sentence or phrase
shall be held to be invalid, it shall not affect the remaining part of this ordinance.
Section 5. That the fact that the present ordinances and regulations of the City of
Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace
and general welfare of the inhabitants of the City of Grapevine, Texas, creates an
emergency for the immediate preservation of the public business, property, health, safety
and general welfare of the public which requires that this ordinance shall become effective
from and after the date of its final passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 4th day of October, 2022.
APPROVED:
William D. Tate
Mayor
ATTEST:
Tara Brooks
City Secretary
APPROVED AS TO FORM:
Matthew C.G. Boyle
City Attorney
Ordinance No. 2022-068 2
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:
• Rehabilitate and Resurface North Kimball Avenue (1) located
within the City of Grapevine from Dove Road to Meadowmere Lane
(Approximately 3,512 linear feet).
• Resurface West Kimball Road (2) located within the City of
Grapevine from Meadowmere Lane to Lakeview Drive
(Approximately 3,630 linear feet).
Collectively, 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.
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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:
• North Kimball Avenue (1): The County will reclaim, recycle and
stabilize the existing roadway materials, regrade, shape, and
prime the roadbed, place two inches of asphalt base and two
inches of asphalt surface, backfill the pavement edges and clean
the project jobsite.
• West Kimball Road (2): The County will place two inches of
asphalt surface, backfill the pavement edges and clean the project
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.
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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 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
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.
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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
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 orjoint 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, 2023 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.
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TARRANT COUNTY, TEXAS
B. Glen Whitley
County Judge
Date:
Gary Fickes
Commissioner, Precinct 3
Date:
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.
CITY OF GRAPEVINE
Bruno Rumbelow
City Manager
Date:
Bryan Beck, P.E.
Director of Public Works
Date:
Attest:
APPROVED AS TO FORM AND LEGALITY
City Attorney
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INTERLOCAL AGREEMENT BETWEEN THE CITY OF GRAPEVINE, TEXAS AND THE CITY OF SOUTH LAKE,
TEXAS FORTH CONSTRUCTION OF NORTH KIMBALL AVENUE
STATE OF TEXAS §
COUNTY OF TARRANT §
This Agreement is entered into by and between the City of Grapevine, Texas, a home rule
municipality located in Tarrant County, Texas, operating herein by and through its duly authorized Mayor,
William D. Tate, and the City of Southlake, Texas, a home rule municipality located in Tarrant County,
Texas, operating herein by and through its duly authorized Mayor, John Huffman.
a
DEFINITIONS
I. "Force majeure" is an act of God or a public enemy, war, riot, civil commotion, insurrection,
terrorism, strike ( unless caused by acts or omissions of the party asserting same), governmental or de
facto governmental regulatory or eminent domain action ( unless caused by acts or omissions of the party
asserting same), fire, drought, explosion, flood, or other natural catastrophe.
2. "Grapevine" is the City of Grapevine, a home -rule municipality located in Tarrant County, Texas.
3. "Southlake" is the City of Southlake, a home- rule municipality located in Tarrant and Denton
Counties, Texas.
4. "North Kimball Avenue runs along the western city limits of Grapevine and the eastern city limits
of Southlake from Dove Road to Meadowmere Lane, as shown on the map attached hereto and
incorporated herein as Exhibit A.
RECITALS
WHEREAS, the condition of North Kimball Avenue is in a deteriorating condition and shows signs
of cracking, rutting and uneven pavement; and
WHEREAS, Grapevine and Southlake mutually desire to enter into an interlocal agreement to
repave and improve North Kimball Avenue; and
WHEREAS, The City limits of the Cities runs generally along the centerline of North Kimball
Avenue;and
WHEREAS, Grapevine and Southlake desire to rehabilitate and resurface North Kimball Avenue
with 4" of asphalt; and
WHEREAS, Grapevine desire toe nterinto an Interlocal Agreement with Tarrant County for Tarrant
County to provide the labor and equipment to assist the City in completing the project; and
WHEREAS, the project would consist of the County reclaiming, recycling and stabilizing the
existing roadway materials, regrading, shaping and priming the roadbed, placing two inches of asphalt
base and two inches of asphalt surface, backfilling pavement edges and cleaning the projectjobsite; and
WHEREAS, Grapevine will pay Tarrant County for the materials, half the fuel costs, and Grapevine
will mill the roadway and Tarrant County will provide the equipment and labor to repave and improve
North Kimball Avenue; and
WHEREAS, Grapevine and Southlake desire to enter into an Interlocal Agreement to split the costs
(50/50) and provide financing of the roadway costs payable to Tarrant County; 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, Chapter 791 of the Texas Government Code (the "Interlocal Cooperation Act")
authorizes municipalities to enter into interlocal agreements for the providing of governmental functions
and services, including but not limited to, provision of residential water service; and
WHEREAS, the parties hereto deem it to be to their mutual benefit and to the benefit of the
health, safety and welfare of their respective citizens to enter into this Interlocal Cooperation Agreement
to provide for the provision to repave and improve North Kimball Avenue, under the terms and conditions
set forth herein;
NOW THEREFORE, in consideration of the foregoing, and on the terms and conditions hereinafter
set forth, Grapevine and Southlake, for good and valuable consideration, specially, the mutual promises
and agreements contained herein, do hereby contract, covenant and agree as follows:
C.
TERM OF AGREEMENT AND CONDITIONS PRECEDENT
That Grapevine and Southlake do hereby covenant and agree as follows:
1. Purpose. The purpose of this Agreement is to rehabilitate and resurface North Kimball
Avenue.
2. Funding. Grapevine and Southlake shall provide funding for the project as provided herein:
a. Estimated Tarrant County costs are $275,000
b. Estimated milling costs are $40,000
c. Estimate striping costs are $0000
d. Estimated cost to be split one-half to each city $315,000
e. Estimated cost to Grapevine $157,500
f. Estimated cost to Southlake $157,500
3. Payment. Southlake agrees to make payment to Grapevine within a reasonable length of
time estimated at 30 days after receipt of the billing.
4. Competitive Bidding. Grapevine agrees to ensure, either directly or through agreement with
Tarrant County, that any possible competitive bidding requirements are compiled with for the
project.
5. Construction. Southlake and Grapevine agree that the construction to be done within
Southlake 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.
6. Maintenance. The cities agree that each respective city will provide maintenance on their
section of the roadway lying within their respective corporate boundaries.
7. Indemnification & Hold Harmless. To the extent allowed by law, Grapevine agrees to
indemnify and hold Southlake 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.
To the extent allowed by law, Southlake 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.
The provisions of these indemnifications shall not apply to acts of gross negligence or willful
misconduct by the indemnified party.
7. Cooperation regarding repairs. Southlake shall be responsible for maintaining and repairing
the roadway located within the city limits of Southlake, and Grapevine shall be responsible
for maintaining and repairing the roadway located within the city limits of Grapevine.
Southlake and Grapevine agree to cooperate in any efforts to repair the roadway of either
Southlake or Grapevine, including providing necessary equipment, traffic control and
barricades in the respective cities.
8. Regulatory control. It is understood and agreed by the parties hereto that the development
regulations of the city in which facilities are located shall be applicable to such facilities.
9. No joint enterprise. No provision of this Agreement shall be construed to create any type
of joint ownership of any property, nor shall same be deemed to create a partnership, joint
venture or other agreement which would be construed as granting partial control,
ownership of or equity in the facilities described herein. It is understood and agreed that
the facilities operated by Southlake shall be owned and controlled by Southlake, and that
the facilities operated by Grapevine shall be owned and controlled by Grapevine.
Furthermore, the parties hereto acknowledge and agree that the doctrine of respondent
superior shall not apply between the cities.
10. Notice. Any notice, communication or request provided or permitted to be given by either
party to the other party must be in writing and addressed as follows:
If to Southlake:
City of Southlake
Attention: City Manager
1400 Main Street
Southlake, Texas 76092
If to Grapevine:
City of Grapevine
Attention: City Manager
P. O. Box 95104
Grapevine, Texas 76099
or to such other addresses as may be provided for in writing from time to time.
11. No waiver of immunity or defenses. This Agreement is made pursuant to Chapter 791 of
the Texas Government Code. It is expressly understood and agreed that in the execution of
this Agreement, neither city waives nor shall be deemed hereby to waive any immunity or
defense that would otherwise be available to it against claims arising in the exercise of
governmental powers and functions. This section shall be liberally construed to carry out
the intent of the city councils of Southlake and Grapevine, and the cities do hereby invoke
and preserve said governmental immunity to the greatest extent possible under the law.
12. No third party beneficiaries. It is understood by the parties that this Agreement is entered
into for the mutual convenience and purposes of the cities which are parties hereto, and it
is the parties' intent that no other parties shall be construed as beneficiaries of this
Agreement, including the owners, residents, or operators of property located in either the
Grapevine Area or the Southlake area, regardless of whether such persons are anticipated
to be customers under this Agreement.
13. Entire Agreement. This Agreement, including any exhibits attached and made a part hereof,
is the entire Agreement between the parties and supersedes all prior or contemporaneous
understandings or representations, whether oral or written, respecting the subject matter
herein.
14. Venue. This Agreement shall be construed under the substantive laws of the State of Texas,
without reference to its choice of law provisions. This Agreement shall be fully performable
in Tarrant County, Texas, and the exclusive venue for any action arising under state law
under this Agreement shall be the District Courts of Tarrant County, Texas. If any action
relating to this Agreement is not properly brought in state court, venue shall be the United
States District Court for the Northern District of Texas.
15. Severability. In the event any section, subsection, paragraph, subparagraph, sentence,
phrase, or word herein is held invalid, illegal, or unenforceable, the balance of this
Agreement shall be enforceable, and shall be read as if the parties intended at all times to
delete said invalid section, subsection, paragraph, subparagraph, sentence, phrase, or
word. In such event there shall be substituted for such deleted provision a provision as
similar in terms and in effect to such deleted provision as may be valid, legal and
enforceable.
16. Authority. This Agreement was authorized by the Southlake City Council at its regular
meeting on the day of October , 2022, authorizing the Southlake City Manager to
execute this Agreement on behalf of the City of Southlake, and by the Grapevine City
Council at its regular meeting on the 41" day of October 2022, authorizing the Grapevine
City Manager to execute this Agreement on behalf of the City of Grapevine.
17. Section or Other Headings. Section or other headings contained in this Agreement are for
reference purposes only and shall not affect in any way the meaning or interpretation of
this Agreement.
18. Amendment. This Agreement may only be amended, altered, or revoked by written
instrument signed by the parties to such amendment.
19. Interpretation. Both parties acknowledge that each party has had an opportunity to review
this Agreement in full, discuss it with legal counsel, and negotiate regarding the tern s.
Therefore, in the event of any dispute over its meaning or application, regardless of the
actual drafter or scrivener of this Agreement, this Agreement shall be interpreted fairly and
reasonably, and not construed in favor of nor against any party.
20. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original, but all of which shall constitute one instrument.
21. Force Majeure. If, by reasons of Force Majeure, any party will be rendered wholly or
partially unable to carry out its obligations under this Agreement after its effective date,
then such party will give written notice of the particulars of such Force Majeure to the other
party or parties within a reasonable time after the occurrence of such event. The obligations
of the party giving such notice, to the extent affected by such Force Majeure, will be
suspended during the continuance of the inability claimed and for no longer period, and
any such party will in good faith exercise its best efforts to remove and over come such
inability.
22. Mutual Assistance. The parties hereto agree to take all reasonable measures which are
necessary or appropriate to carry out the terms and provisions of this Agreement and to aid
and assist each other in carrying out such terms and provisions.
23. Recitals. The recitals to this Agreement are incorporated herein, and are intended to aid
in the interpretation of this Agreement.
24. Exhibits. All exhibits to this Agreement are incorporated herein by reference for all
purposes wherever reference is made to the same.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
EXECUTED this day of 2022.
CITY OF GRAPEVINE
By:
Bruno Rumbelow, Grapevine City Manager
ATTEST:
Tara Brooks, Grapevine City Secretary
APPROVED AS TO FORM AND LEGALITY:
Matthew Boyle, Grapevine City Attorney
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
EXECUTED this day of 2022.
CITY OF SOUTHLAKE
By:
John Huffman, Mayor
ATTEST:
Amy Shelley, City Secretary
APPROVED AS TO FORM AND LEGALITY:
E. Allen Taylor, City Attorney
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