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Res 17-15 Approving an Interlocal Agreement with Tarrant County for Dove Road Reconstruction TOWN OF WESTLAKE RESOLUTION NO. 17-15 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS,APPROVING AN INTER-LOCAL AGREEMNT WITH TARRANT COUNTY FOR THE RECONSTRUCITON OF DOVE ROAD,AND AUTHORIZING THE TOWN MANAGER EXECUTE THE AGREEMENT. WHEREAS, Tarrant County and Westlake are both governmental entities engaged in the purchase of goods and services, which is a recognized governmental function; and, WHEREAS, Westlake desires to provide residents and commuters safe and aesthetically pleasing street to travel; and, WHEREAS, the Town Council finds that the inter-local agreement and improvements of Dove Road benefit the public; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW,THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety SECTION 2: That the Town of Westlake Town Council does hereby authorize the Town Manager to execute the Tarrant County inter-local agreement, attached as Exhibit "A". SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 17-15 Page 1 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 27th DAY OF MARCH 2017. ATTEST: Laura L. Wheat, Mayor 2` la L,-, Kelly Edward, Town Secretary Thomas E. Brymer, 7anager flr` t„,1ST APPROVED S TO F O ; x L. on Lo wn orney Resolution 17-15 Page 2 of 2 ATTACHMENT A THE STATE OF TEXAS INTERLOCAL AGREEMENT COUNTY OF TARRANT This Interlocal Agreement is between Tarrant County, Texas ("COUNTY"), and the Town of Westlake ("TOWN"). WHEREAS, the TOWN is requesting the COUNTY's assistance to: Rehabilitate and Resurface Dove Road located within the Town of Westlake from approximately 550 feet east of FIVI 1938 to Westlake/South lake City limits (Approximately 6,230 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 TOWN Council of the TOWN 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 TOWN 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. Resolution 17-15 Page 1 of 5 NOW, THEREFORE, the COUNTY and the TOWN agree as follows: TERMS AND CONDITIONS 1. COUNTY RESPONSIBILITY The COUNTY will furnish the labor and equipment to assist the TOWN in completing the Project: Dove Road: Following milling and removal of the excess materials by the TOWN, the COUNTY will stabilize the exposed subgrade, regrade, shape, and prime the roadbed, place three inches of asphalt base, place two inches of asphalt surface, backfill the pavement edges and clean the project jobsite. 2. TOWN RESPONSIBILITY 2.1 The TOWN.will furnish and pay for the actual cost of the materials, including any delivery or freight cost. The TOWN will provide a purchase order and will be billed directly by the material supplier. The COUNTY may accumulate and bill the TOWN for incidental material cost. 2.2 The TOWN will pay for one-half of the COUNTY's fuel used to construct this Project. The COUNTY will invoice the TOWN for the fuel consumed at the conclusion of the Project. 2.3 The TOWN 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 TOWN will be responsible for and provide portable message boards to supplement traffic control as needed. 2.4 The TOWN will remove the existing surface and make any necessary roadway repairs prior to the COUNTY starting work. 2.5 The TOWN will adjust all utilities, manholes and valve boxes for this Project. 2.6 The TOWN 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 TOWN will provide or pay for any engineering, survey, and laboratory testing required for this Project. 2.8 The TOWN will furnish a site for dumping all spoils and waste materials generated during construction of this Project. 2.9 If required, the TOWN will be responsible for the design and development of a Storm Water Pollution Prevention Plan (SWPPP). The TOWN further agrees to pay for all cost (including sub- Resolution 17-15 Page 2 of 5 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 TOWN. 3. PROCEDURES DURING PROJECT COUNTY retains the right to inspect and reject all materials provided for this Project. If the TOWN has a complaint regarding the construction of the project, the TOWN 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 TOWN rights under a legal theory of sovereign immunity. 5. OPTIONAL SERVICES 5.1 If requested by the TOWN, the COUNTY will apply permanent striping coordinated through the Transportation Department. Application of striping by the COUNTY is limited to Project roadways. If the TOWN desires permanent striping applied to any roadways or portions of roadways not covered by this Agreement, the TOWN will need to enter into a separate agreement with the COUNTY for the provision of those services. 6. TIME PERIOD FOR COMPLETION The TOWN 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 Resolution 17-15 Page 3 of 5 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 September 30, 2017 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 TOWN remains liable to the COUNTY for any outstanding invoice for materials that the COUNTY provides for the project, if any. Resolution 17-15 Page 4of5 TARRANT COUNTY, TEXAS TOWN OF WESTLAKE B. Glen Whitley Thomas E. ' ry County Judge Town Manager Date: Date: " i Attest: Gary Fidkes Commissioner, Precinct 3 ' Date: ��6 Kelly)Edwar Town Secretary -- � �� Db OF WAS rE�' APPROVED AS TO FORM* APP O F RM ND LEGALITY Criminal Distri t Attorney's Office* L to n Lo ry, To`n A &ney r11 111 An * 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. Resolution 17-15 Page 5 of 5 Approval of a Project for an Interlocal Agreement Between Tarrant County, Texas and Town of Westlake Tarrant County, Texas, acting by and through the Tarrant County Commissioners Court, has been advised of the following described Project involving the construction, improvement, or repair of a building, road or other facility. In accordance with Texas Government Code § 791.014, Tarrant County hereby gives its specific written approval for the Project prior to the Project beginning. The Project information is as follows: PROJECT and LOCATION: • Rehabilitate and Resurface Dove Road located within the Town of Westlake and Tarrant County Commissioner Precinct #3 from approximately 550 feet east of FM 1938 to Westlake/Southlake City limits (Approximately 6,230 linear feet). The local governments that have requested the Project and with whom the Interlocal Agreement is by and between are Tarrant County, Texas, and the Town of Westlake, Texas. By vote on the date below, the Tarrant County Commissioners Court has approved the Project identified above and authorized execution of this document by the presiding officer of the Tarrant County Commissioners Court. Date: _ (� yt � � �� —apn By: Presiding Officer of the Tarrant County Commissioners Co t Dove Road (5) (Town of Westlake) 3/6/2017 Limits: 550 ft east of Precinct Line Road(end of divided section)to City Limits(Terra Bella) Existing Condition: Pavement is in good condition from west end to Fair Oaks. Subgrade appears to be sound. Light severity of unsealed cracking with 1 or 2 very minor,small distressed areas.and appear to be environmental or thermal related and not load. Cracking,distresses and patching increases to moderate severity from Far Oaks to the east. Scope Of Work: From Divided Section to 450 east(transitional area):Mill 2 inches and place 2 inches HMAC. From end of transition to City limits(east radius return of Terra Bella):Remove 4 inches of existing material. Reclaim the existing roadbed, stabilize the recycled material(eight inches),regrade,place three inches of asphalt binder and two-inches HMAC surface. Backfill shoulders and clean jobsite. Stripe. Project Size: Roadway Length(if): 450 if West to north of Fair Oaks Stabilization Width(ft): ft Stab Area: sy 2 in HMAC Overlay Binder Width(ft): ft Binder Area: sy Surface Width(ft): 43 ft 62 ft to 24 ft Surface Area: 3,083 sy Additional Areas(sy): 933 sy Overlay Randol Mill Intersection Project Size: Roadway Length(If): 5,780 If North of Fair Oaks to East Stabilization Width(ft): 26 ft Stab Area: 16,698 sy Reconstruct Binder Width(ft): 25 ft Binder Area: 16,056 sy Surface Width(ft): 24 ft Surface Area: 15,413 sy Additional Areas(sy): sy Estimate: Roadway Materials: .Overlay Sq Yds Rate/SY Cost Estimate Final $Estimate $Final Tack Coat Surface 3,083 0.10gal/sy $ 2.05 $/ al 308al al $ 632.08 HMAC(2" 3,083 0.11 to/s $ 59.13 $/in 339 to to 1 $ 20,054.93 Backfill Edges 2,344 0.0156 c/If $ 45.00 $/c 37 c $ 1,645.49 Reconstruct Subtotal $ 22,332.50 Cemiime 8" 16,698 28 lb/s $ 165.00 $/tn 233.77 to to $ 38,571.87 Prime 50/50 AEP 16,698 0.20 gal/s $ 1.75 $/ al 3340 gal gal $ 5,844.22 Tack Coat Binder 16,056 0.10gal/s $ 2.05 $/ al 1606 gal gal $ 3,291.39 HMAC Binder 3" 16,056 0.17 to/sy $ 53.13 $/tn 2649 to to $ 140,750.23 Tack Coat Surface 15,413 0.10 qal/sy $ 2.05 $/ al 1541 galai $ 3,159.73 HMAC 2" 15,413 0.11 to/s $ 59.13 $!tn 1695 to to $ 100,252.94 Backfill Ed es(Topsoil) 5,780 0.0556 c/if $ 45.00 $/c 321 c $ 14,461.56 Subtotal $ 306,331.94 Misc Cost Millin 4") $ 31,026.67 CITY Provided Millin 2" $ 5,595.83 CITY Provided Fuel Cost Estimate 50%Actual $ 7,750 $ 3,875.00 Tabs 0.5 $lea $ 623 $ 311.50 Stripe 0.033 $/If $ 24,920 $ 822.36 Materials+Misc Cost $ 347,963.30 10%Contin enc $ 34,796.33 Total: $382,759.63 $ Material cost based on Sept 2016 pricing. Construction Time Estimate: 33 days Comments: City will responsible for all traffic control required to construct this project. City will adjust all utilities and manholes/valves for this project. City will provide a nearby disposal area for spoils. City will provide a hydrant meter and all water for this project. Res 17-15 City may provide material for backfilling edges. Prepared by: Richard Schiller Estimated stabilization rate of 28#,8 inches deep. Tarrant County-Precinct Three