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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 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:  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. 2 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. 3 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. 4 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. 5 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.