Item 4FCity of Southlake, Texas
MEMORANDUM
July 15, 2008
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Public Works Director
Subject: Approve interlocal agreement with Tarrant County for the
asphalt overlay of N. White Chapel Blvd. from Hwy. 114 to
Dove Road.
Action
Requested: Approve interlocal agreement with Tarrant County for the asphalt
overlay of N. White Chapel Blvd. from Hwy. 114 to Dove Road.
Background
Information: City staff and Tarrant County representatives have agreed in
principle to the County overlaying the pavement of a portion of
North White Chapel Boulevard between SH 114 and Dove Road
(approximately 2,560 linear feet). 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.
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 $85,000.
Funding is available in CIP Fund for this project.
Citizen Input/
Board Review: None
Legal
Review: None.
Alternatives: The City Council may approve or deny this Project.
Supporting
Documents: Project Location Map
Interlocal Agreement with Tarrant County
Staff
Recommendation: Approve Interlocal agreement with Tarrant County.
Staff
Contact: Robert H. Price, P.E., Public Works Director
Chuck Kendrick, Public Works Operations Manager
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Northeast Sub- Courthouse
045 Grapevine Hwy . Suite 6
Hurst, TX 76054
(8 17) 581 -3600
(817) 581 -3603 - Fax
T ARRAl \T COUNTY
GARY FICKES
COUNTY COMMISSIONER
PRECINCT NO, 3
Southlake Town Hall
1400 Main Street, Suite 410
Southlake, TX 76093
(817) 481 -8234
(8 17) 481 -8053 - Fax
July 3,_2008 _
Mn Bob Price
Director of Public Works
City of Southlake
1400 Main Street
Southlake TX 70092
Dear Bob:
Enclosed are five copies of the Interlocal Agreement between Tarrant County and the
City of Southlake for work to be performed on White Chapel Boulevard North, together
with a Notice to Proceed form.
Would you please arrange for this Agreement to be placed before the Southlake City
Council for approval- After it has been signed by the city, please return four filly
executed copies and the signed Notice to Proceed to this office.
Thank you for your assistance. If you have any questions, please give me a call,
Sincerely,
Mary AiV Rike
Executive Secretary
encs..
gfickes @ tarrantcounty,com
NOTICE TO PROCEED
The City of Soutlilake Hereby notifies the County that the County
may proceed with this Project, as specified in the attached Agreement,
on or after
{day /month /year}
Authorized City Official
City of Southlake
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT
CONTRACT
This Agreement made and entered into this the clay of
, 2008 by and between the County of Tarrant, acting herein by
and through its governing body the Commissioners Court, hereinafter referred to as the
COUNTY, and the City of Southlake, acting herein by and through its governing body,
hereinafter referred to as the CITY, both of Tarrant County, ,State of Texas, witnesseth:
WHEREAS, this Agreement is made under the authority granted by and pursuant
to Chapter 791 of the Texas Government Code; and
WHEREAS, the party or parties paying for the performance of governmental
functions or services shall make payments therefore from current revenues available to
the paying party; and,
WHEREAS, the governing bodies of the two parties find that the project or
undertaking is necessary for the benefit of the public and that each party has the legal
authority to build or maintain the project or to provide such service, and the construction
and improvement thereof is in the common interest of both parties hereto; and that the
division of costs provided for constitutes adequate consideration to each party; said
project being more particularly described as:
• Asphalt overlay of White Chapel Boulevard North from Dove Road south
to SIq 114 (approximately 2,567 lf).
WHEREAS, the parties hereto, in order to facilitate the financing and
construction of the needed facility, and in order to share the costs of having said work to
be done, have agreed to share in the financing of said construction as hereinafter stated in
detail.
The CITY hereby agrees that the CITY will pay for any engineering and /or
laboratory testing necessary for this project, and that the COUNTY will not be
responsible for any payment for such services, The CITY must notify the COUNTY
within thirty days of completion of this project of any complaint the CITY has with the
project.
For and in consideration of the mutual undertaking hereinafter set forth and for
adequate consideration given, the parties agree as follows:
1. The COUNTY agrees to provide the following work for the project:
White Chapel Boulevard, North: Place a o ne-inch asphalt level -up course
and a two -inch HMAC surface on the roadway after the CITY completes
required repairs.
Z. The COUNTY agrees to provide the labor and equipment necessary for the
work proposed on the above project,
3. The CITY agrees to pay for the actual cost of all materials, including any
delivery or freight costs. The CITY will provide a purchase order for each
vendor and will be billed directly by the material suppliers. The COUNTY
may accumulate and bill the CITY for incidental material costs.
4, The CITY agrees it will be responsible for traffic control on this project.
This responsibility includes all signage, barricades and flagmen necessary to
control traffic in and around the construction site. The COUNTY will be
responsible for all striping (both temporary and permanent) for the project.
S. The CITY will provide the COUNTY with a hydrant meter and all the water
necessary for the projects at no cost to the COUNTY,
h. The CITY will be responsible for the adjustment of all manholes, valves and
other utilities for these projects.
7. The CITY will provide a staging area for operations and a disposal area for
recycled materials.
8, The CITY agrees that if' a Stoim Water Pollution Prevention Plan is required,
the CITY will be responsible for the design and development of the flan.
The COUNTY will be responsible for the implementation and maintenance
of the flan during the duration of the project, The CITY further agrees to
pay for all costs (including subcontractor materials, labor, and equipment)
associated with the implementation and maintenance of the Plan.
By entering into this Agreement the parties do not create any obligations express
or implied other than those set forth herein and this Contract shall not create any rights in
parties not signatories hereto.
Nothing contained in this Agreement is intended by the parties to create a
partnership or joint venture between the parties and any implication to the contrary is
hereby expressly disavowed. It is understood and agreed that this Agreement does not
create a joint enterprise, nor does it appoint any party as an agent of any other party, for
any purpose whatsoever.
The parties to this Agreement do not intend by this Agreement that any specific
third party may obtain a right by virtue of the execution or performance of this
Agreement. The CITY agrees that the COUNTY is relying on the CITY for notice of
when to proceed with this project, but this Agreement does not require the County to do
this project within any particular time frame.
This Agreement shall terminate automatically upon happening of any of the
following events:
1. The completion of the improvements provided for herein or;
2. At the end of one (1) year from date herein, unless renewed by both parties in
writing,
CITY:
Authorized City Official
ATTEST: CITY
City Secretary
ATTEST: COUNTY
*APPROVAL AS TO FORM:
District Attorney's Office
TARRANT COUNTY:
Glen Whitley, County .fudge
Gary Fickes, County Commissioner
Precinct Three
* By law, the District Attorney's Office may only advise or approve contracts or legal
documents on behalf of its clients. It may not advise or approve a contract or legal
document on behalf of other parties. Our review of this document was conducted solely
from the legal perspective of our client. Our approval of this document was offered
solely for the benefit of our client. Other parties should not rely on this approval, and
should seek review and approval by their own respective attorneys.