Loading...
Item 4C Item 4C City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork M E M O R A N D U M (May 03, 2016) To: Shana Yelverton, City Manager From: Robert M. Cohen, P.E., Director of Public Works Subject: Approve an Interlocal Agreement with Tarrant County for the joint reconstruction of Shady Oaks Drive from the northern property line of Bicentennial Park, north approximately 3,000 feet to the northern property line of 979 Shady Oaks Drive. Action Requested: Approve an Interlocal Agreement with Tarrant County for the joint reconstruction of Shady Oaks Drive from the northern property line of Bicentennial Park, north approximately 3,000 feet to the northern property line of 979 Shady Oaks Drive. Background Information: City staff and Tarrant County representatives have agreed in principle to the County assisting the City with the reconstruction of Shady Oaks Drive from the northern property line of Bicentennial Park, north approximately 3,000 feet to the northern property line of 979 Shady Oaks Drive. Tarrant County has provided similar services on previous projects such as S. White Chapel Blvd., Ridgecrest Drive, Lonesome Dove, Morgan Road, and North Carroll Avenue. This section of Shady Oaks Drive was last reconstructed ten years ago and is in need of repair due to alligator cracking, undulations, and numerous citizen complaints. While the PQI for this road was 81.4, the last time it was measured, the RCI (Ride Comfort Index) component is a 66 which is poor; hence the reason for many citizen complaints. The road further degraded due to heavy rainfall last spring and as a result of construction vehicle traffic during the construction of The Marq Phase I. The partnership with the County is a cost savings to the City. The City will mill 3 inches of the existing pavement and Tarrant County will provide the labor and equipment to reclaim the existing pavement surface and stabilize the sub-grade. The City will then install ribbon curb and pave the roadway. The City pays for all materials including asphalt, ribbon curb, pavement striping and Item 4C Page 2 of 3 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork markings, sod, backfill, and provides the labor of the City’s Streets Crew. To minimize the impact on Durham Intermediate School traffic and to minimize the impact on commuters, the project will begin in early June when school has ended for the summer. Furthermore, Tarrant County and the City have agreed to working hours of 8:30 am to 3:00 pm to avoid peak travel times. Upon approval by Southlake City Council, the Interlocal Agreement will then be placed on the May 17th, 2016 Tarrant County Commissioner’s Court Agenda for approval. Financial Considerations: This program is an annual partnership with Tarrant County. Tarrant County provides a service to the City of Southlake by reclaiming the roadway after the City mills it, and by stabilizing the roadway. They provide the equipment, labor and half of the fuel to complete this service. The City mills the roadway, and provides all materials for the project. The City’s estimate for all materials for this project is $287,825. In FY 2015, the City spent $250,734 on the S. White Chapel Blvd. joint reconstruction project. Funding for this project is available in the Capital Improvement Project annual budget. $150,000 is available in the Street Rehabilitation Participation Program account. The balance will come from PMA funds. Strategic Link: The Inter-local Agreement with Tarrant County links to the City’s strategy map relative to the focus area of Infrastructure and Partnerships and Volunteerism. The specific corporate objectives that are met by the execution of this agreement are to invest to provide and maintain high quality public assets and to collaborate with select partners to implement service solutions. Citizen Input/ Board Review: N/A Legal Review: N/A Alternatives: The City Council may approve or deny the Inter-local Agreement with Tarrant County. Item 4C Page 3 of 3 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Supporting Documents: Project location map, Inter-local Agreement, and Notice to Proceed. Staff Recommendation: Approve an Interlocal Agreement with Tarrant County for the joint reconstruction of Shady Oaks Drive from the northern property line of Bicentennial Park, north approximately 3,000 feet to the northern property line of 979 Shady Oaks Drive. Staff Contact: Robert Cohen, P.E., Public Works Director Cristina McMurray, C.P.M, Public Works Dep. Director/Operations S H A D Y O A K S D R LOVE HENRY CT B E R K S H I R E R D LLANO CT B R A Z O S D R H ELMSLEY PL G L EN ABBEY DR LOVIN G C T B L A N CO CIR T R U E L O V E T R L L E X I N G T O N T E R R W C H A P E L DOWNS DR T E N N Y S O N D R BR I G H T ON AVE SHERWOOD DR W H I T T I N G T O N P L K L E B E R G C T E D W A R D CT C H A P E L CT L E X I NG T O N TE R B A N D E R A C T CH A P E L DO W NS CT MAP 201 Tarrant County Street Reconstruction Project Approximately ,00 linear feet RI 6KDG\2DNV'ULYH 1 THE STATE OF TEXAS INTERLOCAL AGREEMENT COUNTY OF TARRANT This Interlocal Agreement is between Tarrant County, Texas (“COUNTY”), and the City of Southlake (“CITY”). WHEREAS, the CITY is requesting the COUNTY’s assistance to reclaim and stabilize the roadbed on Shady Oaks Drive, located within the City of Southlake, from approximately the northern property line of Bicentennial Park to Approximately 3,000 feet north (979 Shady Oaks Drive). 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. The CITY and COUNTY acknowledge that they each are 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 The COUNTY will furnish the labor and equipment to assist the CITY in completing the Project: The COUNTY will reclaim and recycle the existing roadbed 2 material, remove excess material and stockpile it for future use, incorporate a stabilization agent into the roadbase, shape, prime and prepare the roadway for asphalt paving that will be placed by the CITY. The COUNTY will backfill the shoulders of the roadway upon the completion of the paving operations by the CITY. 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 required to construct this Project. This responsibility includes all advance notices, signage, barricades and flagmen necessary to control traffic in and around the construction site. 2.4 The CITY will adjust all utilities, manholes and valve boxes for this Project. 2.5 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. 2.6 The CITY will provide or pay for any engineering, survey, and laboratory testing required for this Project. 2.7 The CITY will furnish a site for dumping all spoils and waste materials generated during construction of this Project. 2.8 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. 3 5. OPTIONAL 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 The parties do not enter into this Agreement to protect any specific third party. The intent of this Agreement excludes the idea of a suit by a third party beneficiary. The parties to this Agreement do not consent to the waiver of sovereign immunity under Texas law to the extent any party may have immunity under Texas 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 OF This Agreement will automatically terminate upon completion of the Project or September 30, 2016, whichever date occurs first. This Agreement may be renewed prior to its expiration upon the mutual consent of the parties in writing. 4 TARRANT COUNTY, TEXAS CITY OF SOUTHLAKE _______________________________ ___________________________ B. Glen Whitley Shana Yelverton, County Judge City Manager Date: ________________________ Date: ______________________ _______________________________ ___________________________ Gary Fickes Robert Cohen Commissioner, Precinct 3 Director of Public Works Date: ________________________ Date: ______________________ Attest: Attest: _______________________________ ___________________________ APPROVED AS TO FORM* APPROVED AS TO FORM AND LEGALITY _________________________________ __________________________________ Criminal District Attorney’s Office* Assistant 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. NOTICE TO PROCEED The City of Southlake hereby notifies the County that the County may proceed with this project, as specified in the attached Agreement, on or after ______________________ (Month/Date/Year) _______________________________________ Authorized City Official City of Southlake Shady Oaks Drive from approximately the northern property line of Bicentennial Park to approximately 3,000 feet north (979 Shady Oaks Drive).