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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 L �' j i�.r�' m •.:.a. Iy4 ...» • • ' .y., ,; { s �'• � �� ate. � T ,'F S.. s T , iA • y r � Sri► i► t - �. �'� �` s �` !�P �°� •w _ ___ •eY .ya yd+r�,� T,rt 1r• p� '� 1 >�* A �'�'. ffi � o t - 1 l ow _ - E N M ICU NO Cu w-W LO Y x' fi Q N z do , i r rte rr fT s/ °covN . �e eoes ° 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.