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Item 5BCity of Southlake, Texas MEMORANDUM March 4, 2003 To: Billy Campbell, City Manager From: Pedram Farahnak, P.E., Director of Public Works, ext. 2308 Subject: Authorize the Mayor to execute an Interlocal Agreement with Tarrant County for pavement rehabilitation on Union Church Rd. /S. Pearson Avenue, Randol Mill Avenue and Lonesome Dove Avenue. Action Requested: Authorize the Mayor to execute an Interlocal Agreement with Tarrant County for pavement rehabilitation on Union Church Rd. /S. Pearson Avenue, Randol Mill Avenue and Lonesome Dove Avenue. Background Information: In December, 2002, Tarrant County officials contacted the City Staff and inquired if the City had any roadway projects in which they might assist the City. In such projects, the County provides labor and equipment and the City provides or pays for the materials (hot mix, cement, storm sewer pipe, concrete, etc.). Since the City Council had discussed the possibility of deleting the Union Church/S. Pearson Pavement Rehabilitation project from the FY 02/03 CIP, the City staff reviewed three projects with the County. One was Union Church Road /S. Pearson Avenue (7,800 feet), the second was Randol Mill Avenue (5,830 feet) from 90° bend at the section of Randol Mill Avenue that will become FM 1938 east and north to Dove Road and Lonesome Dove Avenue (670 feet) from Dove Road to Emerald Circle. A total of 14,300 feet of pavement will be rehabilitated under this agreement. Tarrant County officials have agreed that they can do the pavement rehabilitation on these three roadways if the City pays for the materials. This will include installing pipe culverts under Union Church Road to eliminate the low -water crossings. Tarrant County has estimated the cost of the materials to be: Union Church/S. Pearson - $315,000 Randol Mill Avenue - $91,000 Lonesome Dove Avenue - $19,000 The Randol Mill rehabilitation will not be performed unless residual funds become available after rehabilitation of Union Church project. In case the City Council desires to enter into the Interlocal Agreement with Tarrant County, the City staff added a project for Union Church Rd. /S. Pearson Avenue Pavement Rehabilitation, materials only to the FY 02/03 CIP. The City has an interlocal agreement with the City of Keller to pay half the cost of the base and surface which means that they would pay for half the material cost of the hot mix and cement. It is anticipated that with funds left from the Union Church/S. Pearson project and reimbursement from the City of Keller funds will be available to pay for the material costs on Randol Mill Avenue and Lonesome Dove Avenue The Tarrant County Commissioner approved the interlocal agreement on February 18, 2003. It is anticipated that Tarrant County could complete Union Church/S. Pearson and Lonesome Dove Avenue in March and April and Randol Mill Avenue later in the year. Financial Considerations: The estimated cost of materials for these projects is $532,000 which includes 25% material contingency. Funds are available in the FY 02/03 CIP. Citizen Input / Board Review: None. Legal Review: The City attorney has reviewed this agreement. Alternatives: If the Council does not approve the agreement, the pavement rehabilitation on Lonesome Dove Avenue would have to be contracted at a higher cost and the pavement rehabilitation on Union Church Rd. /S. Pearson Avenue and Randol Mill Avenue would have to be delayed to future years. Supporting Documents: Agreement Location Map Staff Recommendation: Authorize the Mayor to execute an Interlocal Agreement with Tarrant County for pavement rehabilitation on Union Church Rd. /S. Pearson Avenue, Randol Mill Avenue and Lonesome Dove Avenue. Staff Contact: Pedram Farahnak, P.E., Director of Public Works, ext. 2308 Charlie Thomas, P.E., City Engineer, ext. 2175 Lo I THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT CONTRACT This Agreement made and . entered into this the 1P 4 day of 2003, 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 Lonesome Dove Avenue, from 430 feet North of Dove Road to Emerald Circle (approximately 6701£). • Rehabilitation of Randol Mill Avenue, from 200 feet South of Dove Road to 400 feet West of Marantha Way (approximately 58301£). • Reconstruction of Union Church Road, from FM 1938 to FM 1709 approximately 78001f.). 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, survey, and laboratory testing necessary for these projects, 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 these projects 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 following projects: A. Lonesome Dove Avenue Reclaim and recycle the existing roadbed materials. Incorporate 3% to 4% cement into the roadbed materials. Re -grade and shape the roadway. Place 2" HMAC Binder and 2" HMAC Surface. Back fill the pavement edges. B. Randol Mill Avenue Reclaim and recycle the existing roadbed materials. Incorporate 3% to 4% cement into the roadbed. Re -grade and shape the roadway. Place 2" HMAC Surface. C. Union Church. Road Reclaim and recycle the existing roadbed materials. Add additional flexbase to build up roadway within low water limits. Incorporate 3% to 4% cement into the roadbed. Clean and \ re-grade ditches on North and East right -of -way. Install pipe culverts and inlet structures. Place 4" HMAC Binder and 2" HMAC Surface. Back fill pavement edges with flexbase. 2. Tarrant County agrees to provide the labor and equipment necessary for the rehabilitation/reconstruction work of Lonesome Dove Avenue, Randol Mill Avenue and Union Church Road. 3. The CITY agrees to pay for the actual cost of the materials, including any delivery or freight costs. The CITY will provide a purchase order and will be billed directly by the material supplier. J 4. The CITY agrees it will be responsible for traffic control on these projects. This responsibility includes all signage, barricades and flagmen necessary to control traffic in and around the construction site. The CITY will also 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 all storm water pollution documentation and for installation, maintenance and removal of all storm water pollution prevention devices. 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 with 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. ATTEST: CITY CITY: Authorized City Official ATTEST: COUNTY TARRANT COUNTY: • ,,.. h B. G EN WHITLEY County Commissioner Precinct Three *APPROVAL AS TO FORM: Dist Attorney's Office . 7 • By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It mdy 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.