Item 4F Item 4F
M E M O R A N D U M
(May 02, 2017)
To: Shana Yelverton, City Manager
From: Rob Cohen, Director of Public Works
Subject: Approve an interlocal agreement (ILA) with Tarrant County for
the joint reconstruction of North Peytonville Avenue from the
northern property line of Corporate Circle, north approximately
2,650 linear feet to the northern line of Ten Bar Trail
Action
Requested: Approve an interlocal agreement (ILA) with Tarrant County for the
joint reconstruction of North Peytonville Avenue from the northern
property line of Corporate Circle, north approximately 2,650 linear
feet to the northern line of Ten Bar Trail.
Background
Information: As part of the annual Capital Improvement Program (CIP), City
Council authorizes annual funds for a joint roadway reconstruction
project in partnership with Tarrant County. For FY 2017, City staff
and Tarrant County representatives have agreed in principle to the
County assisting the City with the reconstruction of N. Peytonville
Avenue from the northern property line of Corporate Circle, north
approximately 2,650 linear feet to the northern line of Ten Bar Trail.
This section of N. Peytonville Avenue is in need of repair due to
alligator cracking, undulations, and numerous citizen complaints. In
the most recent Pavement Management Assessment conducted in
January 2017, this section of roadway scored a 68 out of 100 on
ride quality, and a 65 out of 100 on sub-grade integrity.
This year the City has an opportunity to add two smaller road
segments to the ILA also in need of rehabilitation: Randol Mill
Road from Dove Road to Mockingbird Lane (approximately 800
linear feet) and (resurfacing) of Dove Road from the
Southlake/Westlake City Limits to the Dove Road at Peytonville
Avenue roundabout (approximately 200 linear feet). Rehabilitating
these additional two segments at this time will resolve citizen
complaints in this area. The County has agreed to add these
segments to the larger project.
Item 4F
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
markings, sod, backfill, and provides the labor of the City’s Streets
Crew.
Tarrant County has provided similar services on previous projects
such as Shady Oaks Dr., S. White Chapel Blvd., Ridgecrest Drive,
Lonesome Dove, Morgan Road, and North Carroll Avenue.
To minimize the impact on commuters and traffic, 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.
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, installs concrete ribbon curb, paves the
road and provides all materials for the project. In FY 2016, the City
spent $238,705 on the Shady Oaks joint reconstruction project. In
FY 2015, the City spent $250,734 on the S. White Chapel Blvd.
joint reconstruction project. The City’s estimate for all materials for
this project is $300,000 available in the Capital Improvement
Project annual budget. If any additional funds are needed to
complete the overall project due to the addition of the two smaller
segments this year, the balance will come from PMA funds.
Strategic Link: The (ILA) 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.
Item 4F
Citizen Input/
Board Review: Upon approval by Southlake City Council, the ILA will then be
placed on the May 16th, 2017 Tarrant County Commissioner’s Court
Agenda for approval.
Legal Review: N/A
Alternatives: The City Council may approve or deny the ILA with Tarrant County.
Supporting
Documents: Attachment A: ILA
Attachment B: Notice to Proceed
Attachment C: Project location map
Staff
Recommendation: Approve an interlocal agreement (ILA) with Tarrant County for the
joint reconstruction of North Peytonville Avenue from the northern
property line of Corporate Circle, north approximately 2,650 linear
feet to the northern line of Ten Bar Trail.
Staff Contact: Rob Cohen, Director of Public Works
Cristina McMurray, M.P.A, C.P.M, Deputy Director of Public
Works/Operations
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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:
Stabilize North Peytonville Avenue located within the City of
Southlake from Corporate Circle North to 550 North Peytonville
Avenue (Approximately 2,650 linear feet).
Stabilize Randol Mill Road located within the City of Southlake from
Dove Road to Mockingbird Lane (Approximately 800 linear feet).
Resurface Dove Road located within the City of Southlake from
Southlake/Westlake City Limits to Roundabout (Approximately 200
linear feet).
Hereinafter, collectively 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 representa tive to
sign this Agreement.
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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
The COUNTY will furnish the labor and equipment to assist the CITY in
completing the Project:
North Peytonville Avenue: Following milling and removal of the
excess materials by the CITY, the COUNTY will stabilize the
exposed subgrade, regrade, shape, and prime the roadbed.
Randol Mill Road: Following milling and removal of the excess
materials by the CITY, the COUNTY will stabilize the exposed
subgrade, regrade, shape, and prime the roadbed.
Dove Road: Following milling and removal of the excess materials
by the CITY, the COUNTY will place two inches of asphalt surface.
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.
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2.4 The CITY will make all necessary repairs and preparations to the
existing roadway 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 nearby site for dumping all spoils and waste
materials generated during construction of this Project.
2.9 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.
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.
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6. TIME PERIOD FOR COMPLETION
The CITY will give the COUNTY notice to proceed at the appropr iate 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.
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 CITY remains liable to the COUNTY for any
outstanding invoice for materials that the COUNTY provides for the project, if
any.
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TARRANT COUNTY, TEXAS CITY OF SOUTHLAKE
_______________________________ ___________________________
B. Glen Whitley Shana Yelverton
County Judge City Manager
Date: ________________________ Date: ______________________
_______________________________ ___________________________
Gary Fickes Rob Cohen
Commissioner, Precinct 3 Director of Public Works
Date: ________________________ Date: ______________________
Attest:
___________________________
APPROVED AS TO FORM* APPROVED AS TO FORM AND LEGALITY
______________________________ ___________________________________
Criminal District Attorney’s Office* 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
• Stabilize North Peytonville Avenue located within the City of Southlake from
Corporate Circle North to 550 North Peytonville Avenue (Approximately 2,650
linear feet).
• Stabilize Randol Mill Road located within the City of Southlake from Dove Road
to Mockingbird Lane (Approximately 800 linear feet).
• Resurface Dove Road located within the City of Southlake from
Southlake/Westlake City Limits to Roundabout (Approximately 200 linear feet).
ATTACHMENT C
MAP - 1
FY 2017 Tarrant County Street Reconstruction Project
Approximately 2,650 linear feet of N. Peytonville Ave.
MAP - 2
FY 2017 Tarrant County Street Reconstruction Project will include
Rehabilitation of Randol Mill Rd. at approximately 800 linear feet
and Resurfacing of Dove Rd. at approximately 200 linear feet of Dove Rd.