HomeMy WebLinkAboutItem 24 - Snakey LaneMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: AUGUST 6, 2024
SUBJECT: INTERLOCAL AGREEMENT WITH TARRANT COUNTY FOR
REHABILITATION AND RESURFACING OF SNAKEY LANE AND
APPROPRIATION ORDINANCE
RECOMMENDATION: City Council to consider approval of an Interlocal Agreement for a
rehabilitation and resurfacing project on Snakey Lane with Tarrant County
and approval of an ordinance appropriating the funds.
FUNDING SOURCE: Upon approval of the attached appropriation ordinance, funds will be
available in the Utility Enterprise Fund in an estimated amount of
$360,000.
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
rehabilitation of Snakey Lane from Silvercrest Lane to Kimball Avenue.
The repairs to Snakey Lane are driven by the recent installation of a 15
inch sanitary sewer line, as such, we are proposing to use Water Utility
funding for this effort.
Staff recommends approval.
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 Snakey Lane located within the City of
Grapevine and Tarrant County Commissioner Precinct #3 from
Silvercrest Lane to Kimball Ave. (Approximately 4,465 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.
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:
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1. COUNTY RESPONSIBILITY
The COUNTY will furnish the labor and equipment to assist the CITY in
completing the Project:
• Rehabilitate and Resurface Snakey Lane located within the City of
Grapevine and Tarrant County Commissioner Precinct #3 from
Silvercrest Lane to Kimball Ave. (Approximately 4,465 linear feet).
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 remove the existing surface and make any necessary
roadway repairs and preparations 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.
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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
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 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 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 December 31, 2024, or on
the date the project is completed, whichever occurs first. Notwithstanding 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.
11. COMPLIANCE WITH LAWS
In providing the services required by this Agreement, COUNTY and CITY must
observe and comply with all applicable federal, state, and local statutes,
ordinances, rules, and regulations, including without limitation, workers'
compensation laws, minimum and maximum salary and wage statutes and
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regulations, and non-discrimination laws and regulations. COUNTY and CITY
shall be responsible for ensuring its compliance with any laws and regulations
applicable to its business, including maintaining any necessary licenses and
permits.
TARRANT COUNTY, TEXAS CITY OF GRAPEVINE
Tim O'Hare Bruno Rumbelow
County Judge City Manager
Date: Date:
Gary Fickes Bryan Beck
Commissioner, Precinct 3 Director of Public Works
Date: Date:
Attest:
F
APPROVED AS TO FORM* APPROVED AS TO FORM AND LEGALITY
Criminal District Attorney's Office* City Attorney
* 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.
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ORDINANCE NO. 2024-067
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, AUTHORIZING THE APPROPRIATION
OF $360,000 IN THE UTILITY ENTERPRISE FUND;
DECLARING AN EMERGENCY AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City Council of the City of Grapevine desires to enter into Interlocal
Agreement with Tarrant County for the rehabilitation and resurfacing of Snakey Lane; and
WHEREAS, funding is available in the Utility Enterprise Fund; 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 $360,000 to be appropriated
from the Utility Enterprise Fund for the rehabilitation and resurfacing of Snakey Lane.
Section 3. That a copy of the revised FY 2023-2024 Annual Budget document
shall be kept on file in the office of the City Secretary.
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 6th day of August, 2024.
APPROVED:
William D. Tate
Mayor
ATTEST:
Tara Brooks
City Secretary
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Matthew C.G. Boyle
City Attorney
Ordinance No. 2024-067 2