Item 5DCity of Southlake, Texas
MEMORANDUM
September 19, 2006
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Public Works Director
Subject: Consider an interlocal agreement with Tarrant County for the
rehabilitation of East Continental Boulevard from 700 linear feet east
of Byron Nelson Parkway to 380 linear feet east of Crooked Lane
(approximately 7,225 linear feet), authorize staff to execute said
agreement, and take any necessary action.
Action
Requested: authorize an interlocal agreement with Tarrant County for the rehabilitation
of East Continental Boulevard from 700 linear feet east of Byron Nelson
Parkway to 380 linear feet east of Crooked Lane (approximately 7,225 linear
feet).
Background
Information: City staff and Tarrant County representatives have agreed in principle to
the County rehabilitating Continental Blvd. from 700 linear feet east of
Byron Nelson Parkway to 380 linear feet east of Crooked Lane
(approximately 7,225 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 Peytonville, Pearson Ln., 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 and funds
are available from residual funds from the paving of N. Pearson from
Southlake Blvd. (FM 1709) to Florence Rd. performed by Tarrant County
last year.
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. Interlocal Agreement
2. Project Map
Staff
Recommendation: authorize an interlocal agreement with Tarrant County for the rehabilitation
of East Continental Boulevard from 700 linear feet east of Byron Nelson
Parkway to 380 linear feet east of Crooked Lane (approximately 7,225 linear
feet).
Staff
Contact: Robert H. Price, P.E., Public Works Director
Gordon Mayer, P.E., City Engineer
Clayton Redinger, P.E., Public Works Engineer
Page 3of3
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT
CONTRACT
This Agreement made and entered into this the day of
, 2006 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,
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:
• Rehabilitation of Continental Boulevard from 700 if east of Byron Nelson
Parkway to 3801f east of Crooked Lane. (approximately 7,225 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:
Continental Boulevard: 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.
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,
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,
G. The CITY will be responsible for the adjustment of all manholes, valves and
other utilities for these projects.
7. 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 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:
ATTEST: CITY
City Secretary
ATTEST: COUNTY
*APPROVAL AS TO FORM:
District Attorney's Office
Authorized City Official
TARRANT COUNTY:
TOM VANDERGRIFF, County Judge
GLEN WHITLEY, 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..