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HomeMy WebLinkAboutCity Council Resolutions (R-01-1772)-04/17/2001 RESOLUTION R-01-1772 A RESOLUTION AUTHORIZING THE APPROVAL OF A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF EULESS FOR THE RECONSTRUCTION OF GLADE ROAD BETWEEN STATE HIGHWAY 121 AND HERITAGE AVENUE AND A RIGHT TURN LANE ON STATE HIGHWAY 121 WHEREAS, The City of Colleyville and the City of Euless desire to enter into an agreement to construct roadway improvements on Glade Road between State Highway 121 and Heritage Avenue, on Heritage Avenue and a right turn lane on southbound State Highway 121 service road; and WHEREAS, Texas Government Code, Chapter 791 (the "Act"), provides authorization for municipalities to contract with one another for the performance of government functions and services under the terms of the Act; and WHEREAS, The City of Colleyville and the City of Euless are willing to cooperate with one another to accomplish the construction and maintenance of this project; and WHEREAS, it is mutually advantageous to both parties to enter into this Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City of Colleyville and the City of Euless shall enter into a Memorandum of Understanding, "Exhibit A", to reconstruct Glade Road between State Highway 121 and Heritage Avenue and a right turn lane on State Highway 121. Sec. 2. THAT the City of Euless will bid these improvements at a later date and the Colleyville City Council retains the right to accept or decline the bids for the right turn lane at State Highway 121 and Glade Road. Sec. 3. THAT the City of Colleyville and the City of Euless shall hire a traffic consultant to study the timing of the traffic signals associated with this project. Resolution R-01-1772 Page 2 of 2 AND IT IS SO RESOLVED. PASSED BY A VOT~ OF ~ AYES, / NAYS, AND 0 ABSTENTIONS ONTHISTHE ~7~ DAYOF ~ ,2001. A~j4~~ Cynthia Singleton, TRMC City Secretary CITY OF COLLEYVILLE ~~. ,I: ,/' . / ~-f-V);-)~V' G ' ) Donna Arp \- Mayor STATE OF TEXAS S COUNTY OF TARRANT S MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF COLLEYVILLE, TEXAS AND THE CITY OF EULESS, TEXAS FOR THE RECONSTRUCTION OF GLADE ROAD BETWEEN STATE HIGHWA Y 121 AND HERITAGE AVE., A PORTION OF HERITAGE AVE., AND A RIGHT TURN LANE AT STATE HIGHWAY 121. This Memorandum of Understanding (the "Agreement") for the Construction of Paving, Drainage, Traffic Signals and Landscaping Improvements ("roadway improvements") on Glade Road between State Highway 121 and Heritage Avenue and on a portion of Heritage Avenue and a right turn lane on southbound State Highway 121 service road at Glade Road is made and entered into by and between the City of Colleyville, Texas, a municipal corporation located in Tarrant County, Texas, ("Colleyville"), and the City of Euless, Texas, a municipal corporation located in Tarrant County, Texas ("Euless"). WHEREAS, Colleyville and Euless desire to enter into an agreement to construct roadway improvements on Glade Road between State Highway 121 and Heritage Avenue, on Heritage Avenue and a right turn lane on southbound State Highway 121 service road; and WHEREAS, Texas Government Code, Chapter 791 (the "Act"), provides authorization for municipalities to contract with one another for the performance of government functions and services under the terms of the Act; and WHEREAS, Euless has the need to construct these roadway improvements, which shall be located in minority part in Colleyville and in majority part in Euless; and WHEREAS, portions of the Glade Road and Heritage Avenue right-of-way is within Colleyville City limits; and WHEREAS, Colleyville and Euless shall provide financing for the Project as provided herein; and WHEREAS, Colleyville and Euless are willing to cooperate with one another to accomplish the construction and maintenance as provided in this Agreement; and WHEREAS, it is mutually advantageous to both parties to enter into this Agreement: WITNESSETH NOW, THEREFORE, for and in consideration of the mutual covenants, terms and conditions set forth herein, and the mutual benefits to each party, the receipt and sufficiency of which are hereby acknowledged, Colleyville and Euless hereby contract, covenant, warrant and agree as follows: I. ADOPTION OF PREAMBLE All of the matters stated in the preamble of this Agreement are true and correct and are hereby incorporated into the body of this Agreement as though fully set forth in their entirety herein. II. OBLIGATIONS OF PARTIES 1. Euless has contracted for and will be responsible for the Consulting Engineering Services related to the preparation of engineering plans and specifications related to the roadway and traffic signal improvements on Glade Road from State Highway 121 to Heritage Avenue and along a portion of Heritage Avenue. Euless will include in the engineering plans and specifications a design for a right turn lane located along the west edge of the State Highway 121 southbound service road. Colleyville will reimburse Euless for the portion of the Consulting Engineering Fee attributable to the surveying and design of the right turn lane. Colleyville will be responsible for any utility relocations and right-of-way acquisition associated with the right turn lane. Euless will be responsible for any utility relocations associated with the Glade Road or Heritage A venue roadway improvements. The construction plans and specifications for the project shall be submitted to Colleyville for their review and concurrence. 2. Euless will award a construction contract for the construction of the aforementioned roadway improvements on Glade Road and Heritage A venue including the SH 121 right turn at Glade Road. 3. Euless agrees to construct paving, drainage, traffic signals, and landscaping improvements on Glade Road between State Highway 121 and Heritage Avenue and on Heritage A venue, a westbound asphalt transition to the drainage culvert, in accordance with the construction plans. Euless will be responsible for all costs for the construction of the improvements as defined in the plans with the exception of what is defined in this Agreement as Colleyville's cost. 4. Euless agrees to construct in accordance with the construction plans the right turn lane from SH 121 access road to Glade Road. Colleyville agrees to reimburse Euless the cost for the right turn lane improvement based on the unit bid prices contained in the construction contract. 5. Colleyville will be responsible for the perpetual maintenance of the existing three concrete lanes on Glade Road and all water lines and sanitary sewer lines that are connected to the related Colleyville system that exist within the Colleyville City limits. Euless shall be responsible for the perpetual maintenance of the two proposed eastbound concrete lanes, and the traffic signal on Glade Road at Towne Crossing Boulevard and all water lines and sanitary sewer lines that are connected to the related Euless system that exist within the Euless City limits. 6. Euless agrees that the construction to be done within Colleyville shall be in accordance with Colleyville's Code of Ordinances. 7. Euless agrees to require the contractor to name the City of Euless and City of Colleyville as additional insured on General Liability, Auto and Umbrella policies as required by written contract. Waiver of Subrogation on General Liability, Auto, Workers' Compensation and Umbrella policies. General Liability insurance is direct and primary and there is no other contributing insurance. III. INDEMNIFICATION AND HOLD HARMLESS 1. During the construction project, Euless shall indemnify and hold harmless the City of Colleyville, its officers, agents and employees from all claims, damages and costs (including attorney's fees) arising out of or relating to the reconstruction of Glade Road between State Highway 121 and Heritage Avenue, reconstruction of a portion of Heritage Avenue and construction of a right turn lane at State Highway 121 (the "Project"). Euless shall require the contractor to name the City of Euless and City of Colleyville as additional insured on General Liability, Auto and Umbrella policies as required by written contract. Waiver of Subrogation on General Liability, Auto, Workers' Compensation and Umbrella policies. General Liability insurance is direct and primary and there is no other contributing insurance. 2. The indemnification and hold harmless provision contained herein shall be effective and binding between the City of Euless and the City of Colleyville. However, the indemnification and hold harmless provision shall not be deemed to be a waiver of any defense of the City of Euless or the City of Colleyville to any claim by non-parties to this agreement including, without limitation, the defense of sovereign immunity. IV. NOTICES Any notice required to be given under this Agreement shall be deemed to have been adequately given if deposited in the United- States mail in an envelope with sufficient postage and properly address to the other party as follows: TO EULESS: City of Euless 201 North Ector Drive Euless, Texas 76039 Attention: City Manager TO COLLEYVILLE: City of Colleyville P. O. Box 185 Colleyville, Texas 76034 Attention: City Manager A change of address may be made by either party upon giving ten (10) days prior written notice. V. MISCELLANEOUS PROVISIONS 1. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 2. This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties regarding the subject matter hereof. 3. No amendment, modification or alteration of the terms hereof shall be binding unless the same is in writing, dated subsequent to the date hereof and duly executed by the parties. 4. This Agreement may be executed concurrently in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 5. If, in case anyone or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 6. The obligations and undertakings of each of the parties to this Agreement are and shall be performable in Tarrant County, Texas. 7. Each party hereto warrants that it has received authority from its governing body to enter into this Agreement EXECUTED this the 17#- day of ~/2,: ( ,2001. CITY OF EULESS, TEXAS Mayor City of Colleyville, Texas ATTEST: ATTEST: ~iL ity Secret City of Euless, Texas ~~~~ City of Colleyville, Texas [SEAL] [SEAL] APPROVED AS TO FORM: ~ City of Colleyville, Texas APPROVED AS TO FORM: ?J--;Z;~~~~ ICity Attorney City of Euless, Texas STATE OF TEXAS 9 COUNTY OF TARRANT 9 P This instrument was acknowledged before me on the Lday of d-1o~ , 2001, by ~VAla... a.r ~ ' Mayor, City of Colleyville, for the purposes and consideration therein eXRressed. ~~.,.yp~ CYNTHIA SINGLETON ~ . ~ -It NOTARY PUBLIC ....~" STATE OF TEXAS State of Texas "tj OF <t,'i' My Comm. Exp. 04-12-2003 STA: COUNTY OF TARRANT 9 This instrument was acknowledged before me on the ~ day of 2001, by M..~ ~cb.. Mayor, City of Euless, for the purpose therein expre~ ~,~~'~~~~~~~'~~~~, , ;'O~~-;"1.t.~;"1 BECKY NU.LL # I A" ~'~ NOTARY PUBLIC ~ $\~.../;) STATE OF TE~AS # "~r("or'~1:' Com. Exp. 9 b-02 ~ '............"-~'"~...............~..."'...............~...~""......