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Item 4FCity of Southlake, Texas MEMORANDUM November 20, 2007 To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Public Works Director Subject: Approve an inter -local agreement with Tarrant County for the pavement construction services providing for an overlay of S. Peytonville Avenue and the pavement rehabilitation of a portion of Dove Road between White Chapel and Carroll Ave. Action Requested: Approve an inter -local agreement with Tarrant County for the pavement construction services providing for an overlay of S. Peytonville Avenue and the pavement rehabilitation of a portion of Dove Road between White Chapel and Carroll Ave. Background Information: City staff and Tarrant County representatives have agreed in principle to the County overlaying the pavement of a portion of Peytonville Avenue from south of Carroll Senior High School to Continental Boulevard (approximately 4,267 linear feet) and rehabilitating the pavement on a portion of Dove Road from east of White Chapel Boulevard to Carroll Avenue (approximately 4,864 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. 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 $185,000. $250,000 is funded in the FY 2008 Capital Improvement Program for joint paving projects with Tarrant County. Citizen Input/ Board Review: None Legal Review: None Alternatives: The City Council may authorize execution of the interlocal agreement or deny it. Supporting Documents: 1. Inter -local Agreement 2. Project Maps Staff Recommendation: Approve an inter -local agreement with Tarrant County for the pavement construction services providing for an overlay of S. Peytonville avenue and the pavement rehabilitation of a portion of Dove Road between `white Chapel and Carroll Ave. Staff Contact: Robert H. Price, P.E., Public Works Director Chuck Kendrick, Deputy Director/ PW Operations Page 2 of 4 IC v ,�° • � r g � * �4 y r�!' j y � . � .� s W a Ik 0 k9 LU LL LU LU LA : c u1 AP .� � �#, 4. Cdr k� .�:. " 5 j � • u.*,; 17: s AN 1p, IK L a ` rr • 5f a 11'ir' 4,-.. 4" Ise' N Xr. 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I' J m = 81 W LL 4% Z W O J W ID -t 9 u rti O ro a— Y, 6i k .aw sw ff k. ✓, O ro a— Y, 6i O ro a— Y, THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT CONTRACT This Agreement made and entered into this the day of , 2008 by and between the County of Tarrant, acting herein by and through its governing body the Commissioner's 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, wrtnesseth: WHEREAS, this Agreement is made under the authority granted by and pursuant to Chapter 791 of the Texas Goverrinrent Code; and WHEREAS, the party or parties paying for the perforniance of goverrunental functions or services shall make payments therefore from current revenues available to the paying party; and, WHEREAS, the governing bodies of the two panties 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 Peytonville Avenue from south of Carroll Senior High School to Continental Boulevard (approximately 4,267 If). • Rehabilitation of Dove Road from east of White Chapel Boulevard to Carroll Avenue (approximately 4,864 if). 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 pr'oj ect. 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: Peytonville Avenue: Place a new two -inch HMAC surface on the roadway. Dove Road: Reclaim and recycle existing roadbed materials, incorporate a stabilization agent of the CITY'S choice, re- grade and place a three -inch HMAC surface,. 2. The COUNTY agrees to provide the labor and equipment necessary for the work proposed on the above listed projects. 1 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, 5. The CITY will provide the COUNTY with a hydrant meter and all the water necessary for the projects at no cost to the COUNTY. 6, 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 Storm Water Pollution Prevention Plan is required, the CITY will be responsible for the design and development of the Plan. The COUNTY will be responsible for the implementation and maintenance of the Plan 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 hercin 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; ?. 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 TARR.ANT COUNTY: B. Glen Whitley, County Judge ATTEST: COUNTY Gary Fickes, County Commissioner Precinct Three `APPROVAL AS TO FORM: District Attorney's Office '` 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 fi the legal perspective of our client. Our approval of this docurnent 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.