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Item 4EM E M O R A N D U M (April 3, 2012) To:Shana Yelverton, City Manager From:Robert H. Price, P.E., DirectorofPublic Works Subject:Approve an interlocal agreement with Tarrant County to assist in the reconstruction of Lonesome Dove Avenue Action Requested: Approve an interlocal agreement with Tarrant County to assist in the reconstruction of Lonesome Dove Avenue Background Information: City staff and Tarrant County representatives have agreed in principle to the County assisting the City with the reconstruction of Lonesome Dove Avenuefrom Burney Lane to Foxfire. 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 then pave the roadway.As a part of the paving process,the city will mill and overlay the segment of Lonesome Dove from Foxfire south to the East Dove Road intersection. The project map showingwhere the County will assist with the work is attached. Because the city limit boundary follows the centerline of the roadway in four (4) sections of thisproject, Grapevine will pay for half the materials on those sections and the City of Southlake will pay for the balance of the materials. The second map shows the segments where half the roadway is located in the City of Grapevine. A breakdown of the proportional cost follows: Southlake$64,441 Grapevine$35,284 TOTAL$99,725 Tarrant County will provide the labor and equipment as hasbeen done on previous projects such as Morgan Road, NorthCarroll Avenue, and ContinentalBoulevard.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 July2012if the agreement is approved. Financial Considerations: $150,000is available in the 2012CIPfor this year’s project. Strategic Link: Theinterlocal agreement with the Countylinks to the city’s strategy map relative to the focus areaof Infrastructure. The specific corporate objective that is met by the execution of this agreement is: Invest to provide and maintain high quality public assets. 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: Project location map Map showing Southlake/Grapevine boundary line 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 Lonesome Dove Avenue ProjectLocation Map Tarrant county will assist the reconstruction portion of the project shown in green on the map. The lower portion of the roadway shown in red will be milled and paved along with the rest of the roadway. Lonesome Dove Avenue Project Location Map This map illustrates how the city limit boundary breaks up the ownership of the roadway along the length of the project. The City of Grapevine will pay for half the materials cost on the 4 segments shown below. i p�l+V//t}}♦♦io iq��1J4JM�h+�iiy6 f' 0 , pia� i • �ii TARRANT COUNTY (NARY FICKES Northeast Sub-Courthouse COUNTY COMMISSIONER Southlake Town Hall 645 Grapevine Hwy„ Suite 6 PRECINCT NO. 3 1400 Main Street, Suite 410 Hurst, TX 76054 Southlake, TX 76092 (817) 581-3600 (817) 481-9234 (817) 591-3603 - Fax (817) 481-8053 - Fax February 17, 2012 Mr. Bob Price Director of Public Works City of Southlake 1400 Main Street Southlake TX 76092 Dear Bob: Enclosed are five copies of the Interlocal Agreement between Tarrant County and the City of Southlake for work to be performed on Lonesome Dove Avenue, 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, Mary Ann Rike Executive Secretary encs. CItY Of Southlake FEB 2 a 2w Dept. of Public Works ggfickes@tairantcounty.com THE STATE OF TEXAS INTERLOCAL AGREEMENT COUNTY OF TARRANT BACKGROUND This Interlocal Agreement is between County of Tarrant ("COUNTY"), and the City of Southlake ("CITY"); This is a partnership project between the City of Southlake and the City of Grapevine. Southlake will serve as the CITY for this Interlocal Agreement and will be responsible for City Responsibilities in the Interlocal Agreement, 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: Lonesome Dove Avenue from Burney Lane to the south side of Foxfire Lane: the COUNTY will reclaim and recycle the existing roadbed material and stockpile it for future use, incorporate cement slurry as a stabilization agent, regrade and prepare the roadbed for a two-inch HMAC surface that will be placed by the City of Southlake. 2. CITY RESPONSIBILITY 2.1 CITY will furnish all materials for the project and pay trucking charges. 1 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 engineering drawings as required. 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; and 2.5 CITY will provide temporary driving lane markings. 2.6 CITY will provide the COUNTY with a hydrant meter and all the water necessary for the project at no cost to the COUNTY. 2.7 CITY will adjust all utilities, manholes and valve boxes. 2.8 City agrees the road can be closed to through traffic during working hours. 3. PROCEDURES DURING PROJECT COUNTY retains the right to inspect and reject all materials provided for this 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. 2 8. JOINT VENTURE & AGENCY The relationship between the parties to this contract does not create a partnership or joint venture between the parties. This agreement does not appoint any party as agent for the other party. 9. EFFECTIVE DATE This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed. CITY OF SOUTHLAKE COUNTY OF TARRANT COUNTY JUDGE Date: Date: Gary Fiekes, Commissioner Pct 3 Date: Attest: Attest: APPROVED AS TO FORM APPROVED AS TO FORM CITY ATTORNEY ASSISTANT DISTRICT ATTORNEY * 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 attorney(s). 3 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