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Item 4CCITY OF SOUTHLAKE MEMORANDUM (March 2, 2010) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Director of Public Works Subject: Approve an interlocal agreement with Tarrant County for the reconstruction of North Carroll Avenue from SH 114 to Dove Rd. Action Requested: Approve an interlocal agreement with Tarrant County for the reconstruction of North Carroll Avenue from SH 114 to Dove Rd. Background Information: City staff and Tarrant County representatives have agreed in principle to the County reconstructing N. Carroll Ave. from SH 114 to the Dove Rd. roundabout (approximately 6,100 linear feet). This project will consist of pulverizing the existing road surface to prepare the subgrade for the placement of a 2 -inch asphalt driving surface. The City of Southlake will pay for the materials while Tarrant County will provide the labor and equipment as has been done on previous projects. Tarrant County has performed similar projects in the past such as Continental, N. & S. Peytonville, Pearson, T.W. King, Shady Oaks, Randol Mill (portion) and Florence, Dove Road and N. White Chapel. Tarrant County has agreed to perform the work and has prepared the attached agreement for the City to execute. Financial Considerations: The estimated cost of the materials is approximately $180,000. Funding is available in CIP Fund for this project. Strategic Link: The proposed project links to the city's strategy map relative to focus areas of Mobility and Infrastructure. The specific corporate objectives that are met by this project is to provide travel convenience throughout the city and region 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 this agreement. Supporting Documents: Interlocal agreement with Tarrant County Staff Recommendation: Approve the interlocal agreement with Tarrant County. Staff Contact: Robert H. Price, P.E., Public Works Director Chuck Kendrick, Deputy Director of Public Works - Operations THE STATE OF TEXAS COUNTY OF TARRANT INTERLOCAL AGREEMENT BACKGROUND This Interlocal A is between Count of Tarrant ("COUNTY"), and the Cit of Southlake ( "CITY"), Sections 791.001 — 791.029 of the Texas Government Code provide le authorit for this A Durin the performance of the g overnmental functions and the pa for the performance of those g overnmental functions the parties will make the performance and pa from current revenues le available to that part and The Commissioners Court of the COUNTY and the Cit Council of the CITY each find- a. This A serves the common interest of both parties b. This A will benefit the public C. The division of costs fairl compensates both parties to this A and d. The CITY and COUNTY have authorized their representative to si this A The Parties therefore a as follows: TERMS AND CONDITIONS 1. COUNTY RESPONSIBILITY COUNTY will furnish the labor and e for the followin project: North Carroll Avenue: COUNTY will reclaim and rec existin roadbed materials, incorporate a stabilization a of the CITY'S choice, re- and place a new two inch HMAC surface on North Carroll Avenue from the service road at S 114 to Dove Road. 2. CITY RESPONSIBILITY 2.1 The CITY will provide Purchase Orders for the materials used on the project. The COUNTY will invoice the CITY for the materials it supplies, 2.2 The CITY a to provide water and a h meter for this pro and ad all man h,olles/va Ives in the pro area, 2.3 The CITY will furnish necessary traffic controls including Type A barricades to redirect traffic flow to alternate lanes during the construction phase of the project, 2.4 The CITY will provide temporary driving lane markings 2.5 The CITY will furnish e site for dumping waste materials generated during this project and a staging area for equipment and truoks 2.6 The CITY will furnish all rights of way, plan specifications and engineering drawings ifnsquired� 3. PROCEDURES DURING PROJECT COUNTY retains the right to inspect and re all materials provided for this pro COUNTY will keep CITY informed of any new developments, problems orissues that arise during the project. If the CITY has a complaint regarding the construction of the project, the CITY must complain in writing to the COUNTY within 30 days of project completion. Upon expiration of 30 days after project completion, the CITY becomes responsible for maintenance of the pro 4. NO WAIVER OF IMMUNITY This agreement does not waive COUNTY rights under a legal theory of sovereign inlrnunh». This agmsennerd does not waive CITY rights under a legal theory of soverei immunit 5. OPTIONAL SERVICES 5.1 If requested h« CITY, the COUNTY may apply permanent s1hping� 5.2 If necessary, COUNTY may furnish flag perSOnS� 5.3 If required, the CITY will pay for engineering sen/imas, storm water run-off plans, and continuation of services and plan. 6. TIME PERIOD FOR COMPLETION CITY will give the COUNTY notice 10 proceed a1 the appropriate time. However, COUNTY is under no dut to commence construction at an particular time. 7. lFr,.RD PARTY The parties donot enter into this contract top�roteot any specific third party. The intent of this contract excludes the idea of o suit by e third pedv beneficiary. The parties to this agreement do not consent to the waiver of sovereign irnrnunh« under Texas law to the extent an part ma have immunit under Texas law. 1) 8. JOINT VENTURE & AGENCY The relationship between the parties to this contract does not create a partnership or joint venture between the parties. This a does not appoint an part as a for the other part 9. EFFECTIVE DATE This a becomes effective when si b the last part whose si makes the a full executed. CITY OF SOUTHLAKE Date: Attest: APPROVED AS TO FORM COUNTY OF TARRANT B. Glen Whitle Count Jud Date: Gar Fickes, Commissioner Pct 3 Date: Attest: APPROVED AS TO FORM AND LEGALITY CITY ATTORNEY ASSISTANT DISTRICT ATTORNEY