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Home My WebLink AboutCity Council Resolutions (RESOLUTION R-17-4107)-03/21/2017 RESOLUTION R-17-4107 A RESOLUTION APPROVING AN INTERLOCAL AGREEMENT WITH TARRANT COUNTY FOR THE REHABILITATION OF BROWN TRAIL, SOUTH OF CHEEK-SPARGER ROAD AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WHEREAS, the Colleyville City Council desires to utilize partnerships and to enhance the completion of roadway projects; and WHEREAS, the City Council desires to enter into an Interlocal Agreement with Tarrant County for the rehabilitation of Brown Trail without incurring the full cost of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City Council hereby approves an Interlocal Agreement with Tarrant County, attached as Exhibit"A", and authorizes the city manager to execute the Agreement. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, 0 NAYS, AND CoABSTENTIONS ON THIS THE 21ST DAY OF MARCH 2017. Mayor Richard Newton k Mayor Pro Tern Chris Putnam Ati<__ Place 1, Tammy Nakamura I40,- Place 5, Nancy Coplen Place 2, Bobby Lindamood pate... Place 6, Mike Taylor _ Place 4, Jody Short rate- %lTTEST: F COLLEYVILLE my helley, TD MC Richard Newton _ City Secretary Mayor Exhibit A THE STATE OF TEXAS INTERLOCAL AGREEMENT COUNTY OF TARRANT This Interlocal Agreement is between Tarrant County, Texas ("COUNTY"), and the City of Colleyville ("CITY"). WHEREAS, the CITY is requesting the COUNTY's assistance to: • Rehabilitate Brown Trail located within the City of Colleyville from Harwood Terrace to Cheek-Sparger Road (Approximately 1,787 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" 1 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: 1 TERMS AND CONDITIONS 1. COUNTY RESPONSIBILITY The COUNTY will furnish the labor and equipment to assist the CITY in completing the Project: • Brown Trail: Prior to the COUNTY starting work, the CITY will make necessary roadway repairs and mill the existing roadway surface of the roadway. The COUNTY will place two inches of asphalt surface on the prepared surface 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 remove the excess roadbed materials prior to the COUNTY stabilizing the exposed subgrade. 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 reimburse the COUNTY for actual cost of any overtime hours the CITY requires the COUNTY to provide watering the roadway for dust control after regular work hours. 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 2 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 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. 3 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. 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. 4 TARRANT COUNTY, TEXAS CITY OF COLLEYVILLE B. Glen Whitley Jennifer Fadden County Judge City Manager Date: Date: Gary Fickes Jeremy Hutt, P.E. Commissioner, Precinct 3 Director of Public Works Date: Date: Attest: Amy Shelley, TRMC City Secretary APPROVED AS TO FORM* APPROVED AS TO FORM AND LEGALITY Criminal District Attorney's Office* Whitt L. Wyatt, 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. 5