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Item 4H MemoCITY OF SOUTHLAKE Item 4H MEMORANDUM (August 3, 2021) To: Shana Yelverton, City Manager From: Rob Cohen, Director of Public Works Subject: Approve an Interlocal Agreement (ILA) with Tarrant County to receive a cost reimbursement for the construction of right turn lanes at the intersections of FM 1709 at Byron Nelson Parkway and FM 1709 at Southridge Lakes Parkway in an amount not to exceed $450,000. Action Requested: Approve an Interlocal Agreement (ILA) with Tarrant County to receive a cost reimbursement for the construction of right turn lanes at the intersections of FM 1709 at Byron Nelson Parkway and FM 1709 at Southridge Lakes Parkway in an amount not to exceed $450,000. Background Information: The purpose of this item is to seek Council approval of an Interlocal Agreement with Tarrant County for the shared construction cost of the right turn lanes at the intersections of FM 1709 at Byron Nelson Parkway and FM 1709 at Southridge Lakes Parkway. Currently, this project is under 60% design, and construction is anticipated to begin in early 2022. The County allocated funds as part of their 2006 Tarrant County Transportation Bond Program for a cost share arrangement with the City. The terms of the ILA, the County will reimburse the City for up to $450,000 or 50% of the construction cost, whichever is less. The current opinion of the probable construction cost for the right turn lanes at the intersections of FM 1709 at Byron Nelson Parkway and FM 1709 at Southridge Lakes Parkway is currently $920,000. The resources provided by the County result in cost savings for the City of Southlake. This project was identified in the Southlake 2030 Mobility Master Plan and is intended to improve mobility efficiency along one of the most heavily traveled roadways in the City. Increased traffic along FM 1709 and the installation of medians have warranted the construction of a westbound right -turn lane at Southridge Lakes Parkway and an eastbound right -turn lane at Byron Nelson Parkway. Page 1 of 2 Item 4H Financial Considerations: Funding for this project is budgeted as part of the approved Capital Improvement Program, as well as Tarrant County funds via the ILA. Strategic Link: This item links to the City's Strategy Map strategic focus area of Infrastructure and Partnerships & Volunteerism. It specifically relates to the City's Corporate Objectives, B2: Collaborate With Select Partners To Implement Service Solutions, and F2: Invest To Provide & Maintain High Quality Public Assets. The Critical Business Outcome is, CBO2: Enhance Mobility Through Aggressive Traffic Management Initiatives and Capital Project Implementation. Citizen Input/ Board Review: Upon approval by Southlake City Council, the ILA will then be placed on the Tarrant County Commissioner's Court Agenda for approval. Legal Review: None. Alternatives: The City Council may approve or deny the ILA with Tarrant County. Staff Recommendation: Approve an Interlocal Agreement (ILA) with Tarrant County to receive a cost reimbursement for the construction of right turn lanes at the intersections of FM 1709 at Byron Nelson Parkway and FM 1709 at Southridge Lakes Parkway in an amount not to exceed $450,000. Supporting Documents: Attachment A: FY 2021 Interlocal Agreement Staff Contact: Rob Cohen, Director of Public Works Kevin Ferrer, P.E., Deputy City Engineer Page 2 of 2 Attachment A STATE OF TEXAS § § Interlocal Agreement COUNTY OF TARRANT § This agreement is entered into between Tarrant County, Texas, hereinafter referred to as COUNTY, and City of Southlake, hereinafter referred to as CITY, and collectively referred to as the parties, for the purpose of funding a needed transportation project within the boundaries of both parties which the Commissioners Court and the governing body of the CITY find serves a public purpose and the public welfare of the citizens of Tarrant County. The COUNTY and the CITY make the following findings of fact: 1. This agreement is made pursuant to Chapter 791 of the Texas Government Code; 2. To the extent necessary the parties will use current revenues to pay obligations in this agreement; 3. The project benefits the public in that it is a needed transportation project; 4. The COUNTY and the CITY each has the legal authority to perform its obligations in this agreement; and 5. The division of costs provided in this agreement constitute adequate consideration to each party. 6. Both parties acknowledge they are each a 'governmental entity" and not a "business entity" as those terms are defined in Tex. Gov't. Code sect. 2252.908, and therefore, no disclosure of interested parties is required. I. PROJECT DESCRIPTION This project will add right turn lanes at the intersections of F.M. 1709 at Byron Nelson Parkway and F.M. 1709 at Southridge Lakes Parkway. H. SCOPE OF SERVICES PROVIDED BY CITY The services to be provided by the CITY shall include, but are not limited to, the following: Interlocal Agreement Transportation Bond 2006-2007 Page 1 A. All as -built total project costs including all construction cost, right of way acquisition, planning, engineering, surveying and governmental approval cost (collectively referred to as "Costs"); B. Construction agreement administration, site review, permitting and inspection; C. Interagency cooperation; D. A monthly progress report documenting the percent complete for each major component of the project shall be provided to the COUNTY; E. CITY will notify the COUNTY on completion of the project. F. CITY will include the following language on all on -site public notice signage: "This project is funded by the City of Southlake and the Tarrant County Commissioners Court through the 2006 Tarrant County Bond Program" III. TERM This agreement will conclude on September 30, 2023 unless terminated sooner per Section XI of this agreement or upon completion of the Project as determined by the County. IV. COST COUNTY agrees to reimburse CITY up to $450,000.00 of its Costs for eligible expenses. Attachment A incorporated into this agreement by reference sets forth the funding schedule for this reimbursement. However, in the event that the schedule is delayed, the COUNTY is excused from paying until the successful completion of the scheduled phase of the project as reasonably determined by the COUNTY. Any reimbursement request from the CITY must include: A) a copy of the contractor's invoice; B) the contractor's progress report or a copy of the latest project schedule; C) a copy of the check or a certification letter or other documentation of the CITY's payment to the contractor. CITY understands that CITY will be responsible for any other expenses incurred by CITY in performing the services under this agreement. V. AGENCY -INDEPENDENT CONTRACTOR Neither COUNTY nor any employee thereof is an agent of CITY and neither CITY nor any employee thereof is an agent of COUNTY. This agreement does not and shall Interlocal Agreement Transportation Bond 2006-2007 Page 2 not be construed to entitle either party or any of their respective employees, if applicable, to any benefit, privilege or other amenities of employment by the other party. CITY agrees that the COUNTY will have no right to control the manner or means of construction of the project. VI. ASSIGNMENT Neither party may assign, in whole nor in part, any interest it may have in this agreement without the prior written consent of the other party. VII. THIRD PARTY BENEFICIARY EXCLUDED No person other than a party to this agreement may bring a cause of action pursuant to this agreement as a third party beneficiary. This agreement may not be interpreted to waive the sovereign immunity of any party to this agreement to the extent such party may have immunity under Texas law. VIII. AUDIT OF RECORDS CITY's records regarding this project shall be subject to audit by the COUNTY during the term of this agreement and for two years after the completion of the project. IX. ENTIRE AGREEMENT This agreement represents the entire understanding of and between the parties and superseded all prior representations. This agreement may not be varied orally, but must be amended by written document of subsequent date duly executed by these parties. This agreement shall be governed by the laws of the State of Texas and venue for any action under this agreement shall be in the district courts of Tarrant County, Texas. X. SCHEDULING CITY agrees that the COUNTY retains control over the COUNTY funding disbursement schedule identified in Attachment A. COUNTY agrees to notify CITY of any changes to the funding disbursement schedule 30 days in advance. Such notification will be in the form of written correspondence delivered by regular mail. Interlocal Agreement Transportation Bond 2006-2007 Page 3 XI. TERMINATION Until funded by the COUNTY as described in Paragraph IV this agreement may be terminated by either party by providing written notice to the other party at least thirty (30) days prior to the intended date of termination. Any notice or other writing required by this agreement, shall be deemed given when personally delivered or mailed by certified or registered United States mail, return -receipt, postage prepaid, addressed as follows: COUNTY: County Administrator Tarrant County 100 E Weatherford St Fort Worth, Texas 76196 APPROVED on this day the Tarrant County. CITY: City Manager City of Southlake 1400 Main Street Southlake, Texas 76092 day of , 20 , by Commissioners Court Order No. TARRANT COUNTY STATE OF TEXAS CITY County Judge Signature Commissioner — Precinct 3 Interlocal Agreement Transportation Bond 2006-2007 Page 4 CER TIFICA TION OF A VAILABLE FUNDS IN THE AMOUNT OF Auditor's Office APPROVED AS TO FORM: Criminal District Attorney's Office* *By law, the Criminal District Attorney's Office may only approve contracts for its clients. We reviewed this document as to form from our client's legal perspective. Other parties may not rely on this approval. Instead those parties should seek contract review from independent counsel. APPROVED AS TO FORM AND CONTENT," City Attorney Interlocal Agreement Transportation Bond 2006-2007 Page 5 ATTACHMENT A Proiect Information City: City of Southlake F.M. 1709 Intersection Improvements at Byron Nelson Pkwy. Project Name: and Southridge Lakes Pkwy. Proposed Proiect Schedule Start Date Duration (mo) End Date Design: - - - ROW Acquisition: - - - Utility Relocation: - - - Construction: Feb-2022 6 Aug-2022 * COUNTY payments by completed phase are contingent upon the COUNTY'S reasonable determination that the work regarding the Project phase for which payment is expected is successfully completed, as determined by the COUNTY. Once Construction commences, COUNTY payment shall be made by fiscal quarter prorated over the life of the construction but contingent upon reasonable progress in construction as may be determined by the COUNTY. Proposed Countv Pavment by Phase Design: $ ROW Acquisition: $ Utility Relocation: $ Construction: $450,000.00 County Funding Total: $450,000.00 Proposed County Payment by Calendar Quarter (SUBJECT TO CHANGE) 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 1st Ouarter 2nd Ouarter Yd Ouarter 41h Ouarter $ $ $ $ $ $225,000 $225,000 $ Interlocal Agreement Transportation Bond 2006-2007 Page 6