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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 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: • 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: 2 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 3 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 4 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. 5 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 6 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).