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Item 5CCity of Southlake, Texas MEMORANDUM To: Billy Campbell, City Manager From: Pedram Farahnak, P.E., Public Works Director Subject: Authorize the Mayor to execute an Interlocal Agreement with the City of Keller for the Pavement Rehabilitation on Florence Road from N. Pearson Lane to Randol Mill Ave. Action Requested: Authorize the Mayor to execute an interlocal agreement with the City of Keller for the pavement rehabilitation on Florence Road from N. Pearson Lane to Randol Mill Ave. Background Information: City Staff has requested Tarrant County to provide the labor and equipment to rehabilitate the roadway pavement on Florence Road, and the County has agreed to do this project. It is anticipated that the work will begin in early November 2004. This work will be similar to the work done, this past year on Union Church Rd., S. Pearson Lane and Randol Mill Ave. The City will pay for all materials used for this project. It is estimated that the material cost will be approximately $100,000. Funds were included in the 03/04 CIP for these pavement improvements. The City of Keller city limits is contiguous with the north right of way line of Florence Rd; therefore, the City of Keller has agreed to participate with the City of Southlake in this project, by paying for one half the cost of materials, which is estimated to be $50,000. The City of Keller has approved this interlocal agreement. This is a similar interlocal agreement to the one the cities' entered into for the rehabilitation of Union Church Road and S. Pearson Lane. Financial Considerations: Funds are included in the 03/04 CIP for this project. The cost of materials is estimated to be $100,000. After the City of Keller's participation in half the cost, the City of Southlake's cost will be $50,000. Citizen Input/ Board Review: None Legal Review: This is the same interlocal agreement that was used on Union Church Road and S. Pearson Lane and drafted by the City Attorney. Alternatives: The Council may approve, deny or modify the agreement. If the agreement is not approved, the City of Southlake might have to pay 100% of the cost. Supporting Documents: Agreement Location Map Staff Recommendation: Authorize the Mayor to execute an interlocal agreement with the City of Keller for the rehabilitation of the pavement on Florence Road from N. Pearson Lane to Randol Mill Ave. Staff Contact: Pedram Farahnak, P.E., Public Works Director 481-2308 Charlie Thomas, P.E., City Engineer FLORENCE ROAD REHABILITATION INTERLOCAL COOPERATION AGREEMENT FOR THE PROVISIONS OF ROADWAY IMPROVEMENTS STATE OF TEXAS: COUNTY OF TARRANT: THIS AGREEMENT is made and entered into by and between the City of Southlake, Texas, a home rule municipal corporation, located in Tarrant County and Denton County, Texas (hereinafter referred to as 11Southlake"), and the City of Keller, Texas, a home rule municipal corporation, located in Tarrant County, Texas (hereinafter referred to as "Keller") WHEREAS, the Interlocal Cooperation Act, Chapter 791, et al, of the Texas Government Code authorizes city governments in the State of Texas to contract with one another for the provision of various governmental functions and the delivery of various governmental services, including those in the area of traffic safety, road construction; and WHEREAS, the roadway of Florence Road from N. Pearson Lane to Randol Mill Avenue lie within the city limits of Southlake; and WHEREAS, property of Southlake residents border along the south side of Florence Road and the property of Keller residents border along the north side of Florence Road; and WHEREAS, the roadway of Florence Road service equally to Southlake and Keller citizens; and WHEREAS, Southlake and Keller recognize the need of this roadway to be reconstructed in the near future for the health, safety, and welfare of the public in Southlake and Keller; and WHEREAS, Southlake and Keller wish to participate together in constructing the improvements to these roadways; and WHEREAS, Southlake and Keller mutually desire to be subject to the provisions of the Interlocal Cooperation Act and other applicable statutes and contracts pursuant thereto. NOW, THEREFORE, for the mutual consideration herein stated, Southlake and Keller agree as follows: 1 Southlake will execute an interlocal agreement with Tarrant County for the rehabilitation of the roadway of Florence Road from N. Pearson Lane to Randol Mill Avenue. Tarrant County will provide the labor and equipment and Southlake will pay for all materials (cement, hot mix asphalt, flex -base, etc.). 2 The cost estimate for the materials on this project is approximately $100,000. Prior to Tarrant County beginning construction, Keller will escrow to Southlake one-half the cost of materials or $50,000. When the construction is completed, the actual cost will be determined and Keller will be reimbursed or billed for the difference between the escrow amount and the actual cost. 3 Southlake will provide construction inspection and traffic control for the project. Keller will adjust the grade of their sanitary sewer manholes where necessary and Southlake will adjust the grade of their water valves and sanitary sewer manholes where necessary. 4 This agreement and any of its terms and provisions, as well as the rights and duties of the parties hereto shall be governed by the laws of the State of Texas. In the event that any cause of action is filed by either party arising out of the terms of this Agreement, venue for said lawsuit shall be in Tarrant County, Texas. 5 In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. 6 The parties to this agreement hereby acknowledge and covenant that payments for the performance of governmental functions or services under this agreement will be made from current revenues available to the paying party. VA The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions or orders extending said authority have been duly passed and are now in full force and effect. EXECUTED in multiple originals this the day of .2004. CITY OF SOUTHLAKE Billy Campbell, City Manager ATTEST: Citv Secretai-v APPROVED AS TO FORM AND LEGALITY: Attornev for the Cit-v of Southlake CITY OF KELLER City Manager ATTEST: Citv Secretaii- APPROVED AS TO FORM AND LEGALITY: Attornev for the Citv of Southlake