Item 4FCITY OF
SOUTHLAKE
MEMORANDUM
(October 7, 2014)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Director of Public Works
Item 4F
Subject: Approve interlocal agreement with Tarrant County for
assistance with the reconstruction of South White Chapel
Boulevard.
Action
Requested: Approve interlocal agreement with Tarrant County for assistance
with the reconstruction of South White Chapel Boulevard.
Background
Information: City staff and Tarrant County representatives have agreed in
principle to the County assisting the City with the reconstruction of
South White Chapel Boulevard from the Bear Creek bridge north to
the Continental round -a -bout. Tarrant County has provided similar
services on previous projects such as Ridgecrest Drive, Lonesome
Dove, Morgan Road, and North Carroll Avenue. Tarrant County
has agreed to perform the work and has prepared the attached
agreement for the City to execute.
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. The expected cost of the reconstruction is approximately
$182,000. The work is scheduled coincide with the road closure
required to repair the Bear Creek bridge if the agreement is
approved. The award of the White Chapel Bridge Repair
construction project is expected to be presented to the City Council
later this Fall for consideration.
Financial
Considerations: $182,000 is available in the 2015 CIP for this year's project.
Strategic Link: The interlocal agreement with Tarrant County links to the city's
strategy map relative to the focus area of Infrastructure and
Partnerships and Volunteerism. The specific corporate objectives
that are met by the execution of this agreement are to invest to
provide and maintain high quality public assets and to 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: Project location map
Transmittal letter and interlocal agreement
Staff
Recommendation: Approve interlocal agreement with Tarrant County for assistance
with the reconstruction of South White Chapel Boulevard.
Staff Contact: Robert H. Price, P.E., Public Works Director
Chuck Kendrick, Asst. Director of Public Works
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:
White Chapel Boulevard (South) from Continental Blvd. to
Southlake/Colleyville City limits (Big Bear Creek) (approximately 2,200 It):
the COUNTY will reclaim and recycle the existing roadbed material, remove
excess material and stockpile it for future use, incorporate a stabilization
agent into the roadbase, shape, prime and prepare the roadway for a two
inch HMAC surface that will be placed by the CITY. The COUNTY will
backfill the shoulders of the roadway and clean up the project site.
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2. CITY RESPONSIBILITY
2.1 The CITY will pay for the actual cost of the materials, including any
delivery or freight cost. The CITY will provide a purchase order and
will be billed directly by the material supplier. The COUNTY may
accumulate and bill the CITY for incidental material cost.
2.2 The CITY will pay for one-half of the fuel used to construct this
project. The COUNTY will invoice the CITY for the fuel consumed
at the conclusion of the project.
2.3 The CITY will be responsible for all traffic control required to
construct this project. This responsibility includes all advance
notices, signage, barricades and flagmen necessary to control
traffic in and around the construction site.
2.4 The CITY will provide or pay for any engineering, survey, and
lavatory testing required for this project. .
2.5 The CITY will provide the COUNTY with a hydrant meter and all the
water necessary for construction of the project at no cost to the
COUNTY.
2.6 The CITY will adjust all utilities, manholes and valve boxes for this
project.
2.8 The CITY will furnish a site for dumping all spoils and waste
materials generated during construction of this project.
2.9 If required, the CITY will be responsible for the design and
development of a Storm Water Pollution Plan (SWPPP). The CITY
further agrees to pay for all cost (including sub -contractor materials,
labor and equipment) associated with the implementation of the
plan. The COUNTY will be responsible for maintenance of the plan
during the duration of the project. Documentation and record
keeping of the SWPPP will be the responsibility of the CITY.
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.
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5. OPTIONAL SERVICES
5.1 If requested by CITY, the COUNTY may apply permanent striping
at an additional cost.
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.
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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
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.
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9. EFFECTIVE DATE
This agreement becomes effective when signed by the last party whose signing
makes the agreement fully executed.
CITY OF SOUTHLAKE
John Terrell, Mayor
Date:
Robert Price, P.E., Director of Public Works
Date:
Attest:
APPROVED AS TO FORM
City Attorney
COUNTY OF TARRANT
B. Glen Whitley, County Judge
Date:
Gary Fickes, Commissioner Pct 3
Date:
Attest:
APPROVED AS TO FORM
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).
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