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Item 5D�. ny vi wuu iiaKc, i Cxaa MEMORANDUM July 19, 2005 To: Shana Yelverton, City Manager From: Pedram Farahnak, P.E., Public Works Director Subject: Authorize the Mayor to execute a contract with Tarrant County for the pavement rehabilitation on N. Pearson Lane from FM 1709 to Florence Road, N. Peytonville Ave. from FM 1709 to Ravens Bend and Shady Oaks Drive from FM 1709 to Durham Elementary School Action Requested: Authorize the Mayor to execute a contract with Tarrant County for the pavement rehabilitation on N. Pearson Lane from FM 1709 to Florence Road, N. Peytonville Ave. from FM 1709 to Ravens Bend and Shady Oaks Drive from FM 1709 to Durham Elementary School Background Information: Funds for the rehabilitation of the pavement on N. Pearson Lane were included in the FY 04/05 Capital Improvements Program (CIP). The amount of the funds were determined for the City to contract with a paving contractor. N. Peytonville Ave. from FM 1709 to Ravens Bend and Shady Oaks Drive from FM 1709 to Durham Elementary School were identified in the City's Pavement Management System to be rehabilitated in this funding year. The City Staff has requested that Tarrant County agree to perform the pavement rehabilitation on these three roadways with the City of Southlake paying for the materials as has been done in previous years. Tarrant County has agreed to do this work and has prepared a contract for the City to execute in order for them to proceed with the work. The estimated cost of the materials for the three roadways, combined, is approximately $320,000. Funds are available from the FY 04/05 CIP. Financial Considerations: The estimated cost of the materials for these roadways is approximately $320,000 and funds are available in the FY 04/05 CIP. Citizen Input/ Board Review: None Legal Review: The City Attorney has reviewed this contract. Alternatives: If the Council does not approve the contract, the pavement rehabilitation would have to be contracted at a much higher cost. Supporting Documents: Contract Location Map Staff Recommendation: Authorize the Mayor to execute a contract with Tarrant County for the pavement rehabilitation on N. Pearson Lane from FM 1709 to Florence Road, N. Peytonville Ave. from FM 1709 to Ravens Bend Court and Shady Oaks Drive from FM 1709 to Durham Elementary School Staff Contact: Pedram Farahnak, Public Works Director Charlie Thomas, City Engineer THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT CONTRACT This Agreement made and entered into this the day of , 2005 by and between the County of Tarrant, acting herein by and through its governing body the Commissioners Court, hereinafter referred to as TARRANT 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; set project being more particularly described as: • Rehabilitation of North Pearson from FM 1709 to Florence Road (approximately 5,250 If). • Rehabilitation of North Peytonville from FM 1709 to Raven Bend Court (approximately 5,150 If). • Rehabilitation of Shady Oaks Drive from FM 1709 to Durham Elementary School (approximately 2,660 If). WIJEREAS, 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. TARRANT COUNTY agrees to provide the following work for the projects: North Pearson: Reclaim and recycle existing roadbed materials, incorporate a stabilization agent of the city's choice, re -grade and place a three -inch HMAC surface. North Peytonville: Reclaim and recycle existing roadbed materials, incorporate a stabilization agent of the city's choice, re -grade and place a three -inch HMAC surface. Shady Oaks Drive: 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. TARRANT 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 projects. 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 is responsible for the adjustment of all manholes, valves and other utilities for these projects. 7. The CITY is responsible to coordinate and disconnect any existing traffic signal loops and will be responsible for the replacement of all signal related devices if necessary. 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 herein and this Contract shall not create any rights in parties not signatories hereto. 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. 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 improvement 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 TARRANT COUNTY: TOM VANDERGRIFF, County Judge ATTEST: COUNTY GLEN WHITLEY, 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 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. PAVEMENT REHABILITATION Pavement Segments: Pearson Ln. from FM1709 to Florence Rd. — 5250 LF Peytonville Ave. from FM1709 to Raven Bend — 5150 LF Shady Oaks from FM1709 to Durham Elementary — 2660 LF m ary >I 3000 0 3000 6000 Feet ,v asF S