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HomeMy WebLinkAboutItem 17 - Burney Lane/Midway RoadMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: JULY 7, 2026 SUBJECT: INTERLOCAL AGREEMENT WITH TARRANT COUNTY FOR REHABILITATION AND RESURFACING OF BURNEY LANE/MIDWAY ROAD RECOMMENDATION: City Council to consider approval of an Interlocal Agreement for rehabilitation and resurfacing project on Burney Lane/Midway Road with Tarrant County for the Public Works Department. FUNDING SOURCE: Funds are available in the Permanent Capital Maintenance Fund (Streets) in an estimated amount of $230,000 BACKGROUND: The proposed Interlocal Agreement is a partnership that Tarrant County and the City have previously entered into 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 and resurfacing activities. The City will pay for materials, removal of the existing surface, one-half of fuel costs, traffic control, and other miscellaneous items for the rehabilitation of Burney Lane/Midway Road from Lonesome Dove Road to its dead end (approximately 2,950 linear feet). Staff will also bring a cost -sharing Interlocal Agreement with Southlake who is estimated to contribute their pro-rata share of $60,000 to the projected project costs within the corporate boundary of the City of Southlake. 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 Burney Lane/Midway Road located within the City of Grapevine and Tarrant County Commissioner Precinct #3 from Lonesome Dove Road to Dead End (Approximately 2,950 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: TERMS AND CONDITIONS 1. COUNTY RESPONSIBILITY 1 The COUNTY will furnish the labor and equipment to assist the CITY in completing the Project: • Rehabilitate and Resurface Burney Lane/Midway Road located within the City of Grapevine and Tarrant County Commissioner Precinct #3 from Lonesome Dove Road to Dead End (Approximately 2,950 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. 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. 2 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 If requested by the CITY, the COUNTY will apply permanent striping coordinated through Tarrant County's engineering services. 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. 9:11N11:73:4VA 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 December 31, 2026, 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 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. 11 12. EXECUTION OF AGREEMENT This agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy of this agreement, and all of which, when taken together, shall be deemed to constitute one and the same agreement. The exchange of copies of this agreement and of signature pages by electronic transmission shall constitute effective execution and delivery of this agreement as to the parties and may be used in lieu of the original agreement for all purposes. Signatures of the parties transmitted or executed electronically shall be deemed to be their original signatures for any purpose whatsoever. CITY OF GRAPEVINE Bruno Rumbelow City Manager Date: Bryan Beck Director of Public Works Date: Attest: APPROVED AS TO FORM AND LEGALITY City Attorney PASSED AND APPROVED on COUNTY OF TARRANT STATE OF TEXAS Separate Electronic Signature Page Tim O'Hare County Judge Separate Electronic Signature Page Matt Krause Commissioner, Precinct 3 APPROVED AS TO FORM: Separate Electronic Signature Page District Attorney's Office* *By law, the 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. 31 EInterlocal Agreement with T E ; r A STarrant County to Rehabilitate City and Resurface Burney Lane / Midway Drive Project Location Q G..u.� i.' City Limits E Prepared for June I e, 2026 --- 1p'�4 "• i a I I