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Item 4D MemoCITY OF SOUTHLAKE MEMORANDUM (February 15, 2011) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Director of Public Works Subject: Approve an interlocal agreement with Tarrant County to assist in the reconstruction of Morgan Road Action Requested: Approve an interlocal agreement with Tarrant County to assist in the reconstruction of Morgan Road Background Information: City staff and Tarrant County representatives have agreed in principle to the County assisting the City with the reconstruction of Morgan Road. The County will furnish the labor and equipment to reclaim the existing pavement surface, stabilize the subgrade and re -grade the road bed for paving. City forces will perform drainage improvements and re -pave the roadway. 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 N. Carroll Ave., Continental Blvd., Pearson Rd., Dove Rd. and N. White Chapel. Tarrant County has agreed to perform the work and has prepared the attached agreement for the City to execute. The work is tentatively scheduled for June 2011 if the agreement is approved. Financial Considerations: The estimated cost of the reconstruction project is $150,000. Funding for the project is available in the 2011 CIP. Strategic Link: The Interlocal agreement with the County links to the city's strategy map relative to the focus areas of Performance Management and Service Delivery. The specific corporate objective that is met by the execution of this agreement is: Collaborate with select partners to implement service solutions. Citizen Input/ Board Review: N/A Legal Review: None. Alternatives: The City Council may approve or deny the interlocal agreement with Tarrant County. Supporting Documents: Location Map Transmittal letter and Interlocal Agreement Staff Recommendation: Approve an interlocal agreement with Tarrant County to assist in the reconstruction of Morgan Road Staff Contact: Robert H. Price, P.E., Public Works Director Chuck Kendrick, Asst. Director of Public Works Morgan Road Reconstruction Project ''rfr • + R cou�rT� .• ;� a s Northeast Sub - Courthouse 645 Grapevine Hwy., Suite 6 Hurst, TX 76054 (817) 581 -3600 (817) 581 -3603 - Fax January 24, 2011 Mr. Bob Price Director of Public Works City of Southlake 1400 Main. Street Southlake TX 76092 Dear Bob: TARRANT COUNTY GARY FICKES COUNTY COMMISSIONER PRECINCT NO. 3 Southlake Town Hall 1400 Main Street, Suite 410 Southlake, TX 76092 (817) 481 -8234 (817) 481 -8053 - Fax Enclosed are five copies of the Interlocal Agreement between Tarrant County and the City of Southlake for work to be performed on Morgan Road, 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 fully executed copies and the signed Notice to Proceed to this office. After approval by Commissioners Court, I will return one fully executed copy to you. Thank you for your assistance. If you have any questions, please give me a call. Sincerely, )' d y� Mary A Rike Executive Secretary encs. ggfickes@tarrant NOTICE TO PROCEED The City of Southlake 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 COUNTY OF TARRANT INTERLOCAL AGREEMENT BACKGROUND This Interlocal Agreement is between County of Tarrant ( "COUNTY "), and the City of Southlake ( "CITY "); Sections 791.001 — 791.029 of the Texas Government Code provide legal authority for this Agreement; During the performance of the governmental functions and the payment for the performance of those governmental functions the parties will make the performance and payment from current revenues legally available to that party; and The Commissioners Court of the COUNTY and the City Council of the CITY each find: a. This Agreement serves the common interest of both parties; b. This Agreement will benefit the public; C. The division of costs fairly compensates both parties to this Agreement; and d. The CITY and COUNTY have authorized their representative to sign this Agreement. The Parties therefore agree as follows: TERMS AND CONDITIONS 1. COUNTY RESPONSIBILITY COUNTY will furnish the labor and equipment for the following project: Morgan Road from Randoll Mill Avenue south approximately 1,425 feet: County will reclaim and recycle existing roadbed material, stabilize the existing material with cemlime, and re -grade the roadbed. 2. CITY RESPONSIBILITY 2.1 CITY will place a two -inch HMAC surface, backfill the shoulders and clean the jobsite. 2.2 CITY will furnish a site for dumping waste materials generated during this project. 2.3 CITY will furnish all rights of way, plan specifications and drawings. 2.4 CITY will furnish necessary traffic controls including Type A barricades to redirect traffic flow to alternate lanes during the construction phase of the project. 2.5 CITY will provide temporary driving lane markings. 2.6 CITY will coordinate and be responsible for the replacement of all signal related devices if necessary. 2.7 CITY will provide the COUNTY with a hydrant meter and all the water necessary for the project at no cost to the COUNTY. 2.8 CITY will provide all rights -of -ways for the project. 2.9 CITY will adjust all utilities, manholes and valve boxes. 3.0 CITY agrees the road can be closed during working hours. 3. PROCEDURES DURING PROJECT If the CITY has a complaint regarding the construction of the project, the CITY must complain in writing to the COUNTY within 30 days of project completion. Upon expiration of 30 days after project completion, the CITY becomes responsible for maintenance of the project. 4. NO WAIVER OF IMMUNITY This agreement does not waive COUNTY rights under a legal theory of sovereign immunity. This agreement does not waive CITY rights under a legal theory of sovereign immunity. 5. OPTIONAL SERVICES 5.1 If requested by CITY, the COUNTY may apply permanent striping; 5.2 If necessary, COUNTY may furnish flag persons; 5.3 If required, the CITY will pay for engineering services, storm water run -off plans, and continuation of services and plan; 6. TIME PERIOD FOR COMPLETION CITY will give the COUNTY notice to proceed at the appropriate time. However, COUNTY is under no duty to commence construction at any particular time. 7. THIRD PARTY The parties do not enter into this contract to protect any specific third party. The intent of this contract excludes the idea of a suit by a third party beneficiary. The parties to this agreement do not consent to the waiver of sovereign immunity under Texas law to the extent any party may have immunity under Texas law. 8. JOINT VENTURE & AGENCY 2 The relationship between the parties to this partnership or joint venture between the parties appoint any party as agent for the other party. 9. EFFECTIVE DATE contract does not create a . This agreement does not This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed. CITY OF COUNTY OF TARRANT Date: Attest: APPROVED AS TO FORM City Attorney B. Glen Whitley, County Judge Date: Gary Fickes, Commissioner Pct 3 Date: Attest: APPROVED AS TO FORM Assistant District Attorney 3