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Item 4KCITY OF SOUTHLAKI= MEMORANDUM (February 5, 2013) 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 a portion of North White Chapel Blvd. Action Requested: Approve an interlocal agreement with Tarrant County to assist in the reconstruction of a portion of North White Chapel Blvd. Background Information: City staff and Tarrant County representatives have agreed in principle to the County assisting the City with the reconstruction of North White Chapel Blvd. from 300 feet north of Wingate Ln. to approximately 980 feet south of Sweet St. 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. The project map showing where the County will assist with the work is attached. Tarrant County has provided similar services on previous projects such as Lonesome Dove, Morgan Road, North Carroll Avenue, and Continental Boulevard. Tarrant County has agreed to perform the work and has prepared the attached agreement for the City to execute. The expected cost of the reconstruction is approximately $140,000. The work is tentatively scheduled for April 2013 if the agreement is approved. Financial Considerations: $150,000 is available in the 2013 CIP for this year's project. Strategic Link: The interlocal agreement with the County links to the city's strategy map relative to the focus area of 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 Transmittal letter and Interlocal Agreement Staff Recommendation: Approve an interlocal agreement with Tarrant County to assist in the reconstruction of a portion of North White Chapel Blvd. Staff Contact: Robert H. Price, P.E., Public Works Director Chuck Kendrick, Asst. Director of Public Works 2013 Tarrant County Street Reconstruction Project Approximately 3,100 linear feet of North White Chapel Blvd. Northeast Sub -Courthouse 645 Grapevine Hwy., Suite 6 Hurst, TX 76054 (817) 581-3600 (817) 581-3603 - Fax December 6, 2012 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 Eneiovd are five copies of the Interlocal Agreement between Tarrant County and the City of Southlake for work to be performed on North White Chapel from 980 feet south of Sweet Street to 300 feet north of Wingate Lane, 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, pkmse give me a call. Sincerely, — . AAL Devin Wenske Assistant Precinct Administrator encs. lyafickes @ tarratrtcountv.com NOTICE TO PROCEED The Qy o 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 North White Chapel 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: North White Chapel from 980 feet south of Sweet Street to 300 feet north of Wingate Lane: the COUNTY will reclaim and recycle the existing roadbed material, remove excess material and stockpile it for future use, incorporate Cemlime slurry as a stabilization agent, regrade with a 2% crown, and prepare the roadbed for a two-inch HMAC surface that will be placed by the City of Southlake. County will provide the Road Widener for the City to backfill the shoulders of the road with. 2. CITY RESPONSIBILITY 2.1 CITY will furnish all materials for the project and pay trucking charges. 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. 2.9 CITY will pay for one-half of the fuel used on this project. 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 Date: Attest: ►_1aa00 1:111t7,1 IIIIII1t019101 ETA CITY ATTORNEY COUNTY OF TARRANT COUNTY JUDGE Date: Gary Fickes, Commissioner Pct 3 Date: Attest: APPROVED AS TO FORM * 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 3 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). 712010 Amended: 212011 4