Item 4C Final Item 4C
M E M O R A N D U M
(March 6, 2018)
To: Shana Yelverton, City Manager
From: Rob Cohen, Director of Public Works
Subject: Approve an interlocal agreement (ILA) with Tarrant County for
the joint resurfacing of Continental Boulevard from FM 1938
(Davis Boulevard) to 600 Ft east of Byron Nelson Parkway
(Approximately 14,030 linear feet)
Action
Requested: Approve an interlocal agreement (ILA) with Tarrant County for the
joint resurfacing of Continental Boulevard from FM 1938 (Davis
Boulevard) to 600 Ft east of Byron Nelson Parkway (Approximately
14,030 linear feet).
Background
Information: As part of the annual Capital Improvement Program (CIP), City
Council authorizes annual funds for a joint roadway rehabilitation
project in partnership with Tarrant County. For FY 2018, City staff
and Tarrant County representatives have agreed in principle to the
County assisting the City with resurfacing Continental Boulevard
from Davis Blvd. to 600 feet east of the Byron Nelson Parkway
intersection.
In January 2017, the City conducted the annual Pavement
Management Assessment. Based on the data from the condition
assessment, the ride quality for the section of Continental
Boulevard closest to Davis Blvd. scored a 39 out of 100 possible
points with the average ride quality along Continental being a 55.
The road’s sub-grade integrity scored 91 out of 100. The test
scores indicate that this section of Continental Blvd. is structurally
sound, but may require spot sub-grade repairs in certain locations
to correct longitudinal cracking or alligator cracking. The road will
be re-surfaced to improve ride quality and address customer
complaints.
As part of this partnership, the City will mill the roadway, make any
necessary subgrade repairs, manage all traffic control and be
responsible for striping; the County will use their resources
including labor and heavy equipment to pave the asphalt roadway.
Item 4C
Tarrant County has provided similar services on previous projects
such as N. Peytonville Ave., Randol Mill Road, Dove Road, Shady
Oaks Dr., S. White Chapel Blvd., Ridgecrest Drive, Lonesome
Dove, Morgan Road, and N. Carroll Ave.
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.
The remaining section of Continental Boulevard from the Byron
Nelson Parkway intersection east to S. Kimball Avenue will be
recommended as next year’s project.
Financial
Considerations: The table below outlines prior year joint street rehabilitation projects
with Tarrant County and the costs paid by the City of Southlake:
Fiscal Year Project Cost
FY 2017 N. Peytonville Avenue $299,296
FY 2016 Shady Oaks Drive $238,705
FY 2015 S. White Chapel Blvd. $250,734
This program is an annual partnership with Tarrant County. Tarrant
County provides a service to the City of Southlake by providing
heavy equipment which the City does not own as well as providing
labor resources and half of the fuel to complete the project.
Due to the extensive length of this project, the cost of this project is
anticipated to be approximately $450,000 from the Capital
Improvement Program (CIP) budget. The project funding will be
split as follows: $300,000 from the annual Street Rehabilitation
Participation Program with Tarrant County CIP, and the balance,
currently estimated at $150,000, from the Street Rehabilitation
Required by Pavement Management Application (PMA) CIP.
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 (B2) to collaborate with select
partners to implement service solutions and (F2) to invest to
provide and maintain high quality public assets.
Item 4C
Citizen Input/
Board Review: Upon approval by Southlake City Council, the ILA will then be
placed on the March 20, 2018 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 resurfacing of Continental Boulevard from FM 1938 (Davis
Boulevard) to 600 Ft east of Byron Nelson Parkway (Approximately
14,030 linear feet).
Staff Contact: Rob Cohen, Director of Public Works
Cristina McMurray, M.P.A, C.P.M, Deputy Director of Public Works
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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:
• Resurface Continental Boulevard located within the City of
Southlake from FM 1938 (Davis Boulevard) to 600 Ft east of Byron
Nelson Parkway (Approximately 14,030 linear feet).
Collectively, 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 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. 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:
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TERMS AND CONDITIONS
1. COUNTY RESPONSIBILITY
The COUNTY will furnish the labor and equipment to assist the CITY in
completing the Project:
• Continental Boulevard: Following any pavement repairs and
removal of the existing hot mix asphaltic surface by the CITY, the
COUNTY will place two inches of asphalt surface and clean the
project jobsite.
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.
2.4 The CITY will remove the existing surface and make any necessary
roadway repairs 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 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
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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.
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
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
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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,
2018 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 Robert 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
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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
• Resurface Continental Boulevard located within the City of Southlake from
FM 1938 (Davis Boulevard) to 600 Ft east of Byron Nelson Parkway
(Approximately 14,030 linear feet).