Item 4CCITY OF
5OUTHLAKE
Item 4C
MEMORANDUM
(May 16, 2017)
To: Shana Yelverton, City Manager
From: Robert M. Cohen, Director of Public Works
Subject: Approve an Interlocal Agreement (ILA) with the Town of
Westlake for the construction of the Kirkwood
Boulevard/Solana Drive intersection and signalization
improvements.
Action
Requested: Approve an ILA with the Town of Westlake for the construction of
the Kirkwood Boulevard/Solana Drive intersection and signalization
improvements.
Background
Information: The purpose of this item is to approve an ILA with the Town of
Westlake for the construction of the Kirkwood Boulevard/Solana
Drive intersection and signalization improvements.
A signal warrant study was completed in relation to the TD
Ameritrade development for four intersections. The signal warrant
study identified the eastbound and westbound State Highway 114
frontage roads at Kirkwood Boulevard/Solana Drive as needing to
be upgraded from stop controlled to traffic signal controlled. The
signal warrant study and traffic impact analysis also identified
geometric improvements for these intersections. The total
estimated cost of the project including design and construction of
the proposed improvements is $823,000. The Opinion of Probable
Construction Cost estimate prepared by Consultant Kimley-Horn &
Associates as of January 31, 2017 is $738,000. An additional cost
of $85,000 is estimated for the cost of the design of the Kirkwood
intersection and signalization improvements. The design services
contract for this project with Kimley-Horn and Associates was
approved by the Southlake City Council on March 7, 2017.
The Town of Westlake Town Council approved the ILA at their first
May 2017 meeting.
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Item 4C
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Financial
Considerations: The Town of Westlake shall reimburse the City of Southlake for a
portion of the construction phase costs and services, in an amount
of $268,680.
Funding for this project is available in the Capital Improvement
Project FY2017 budget.
Strategic Link: The ILA with the Town of Westlake 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: N/A
Alternatives: The City Council may approve or deny the ILA with the Town of
Westlake.
Supporting
Documents: Project location map
Inter -local Agreement
Staff
Recommendation: Approve an ILA with the Town of Westlake for the construction of
the Kirkwood Boulevard/Solana Drive intersection and signalization
improvements.
Staff Contact: Rob Cohen, Director of Public Works
Kyle D. Hogue, P.E., Deputy Director/City Engineer
Steven D. Anderson, P.E., CFM, Deputy City Engineer
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Shady Oak Blvd - Project Map
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STATE OF TEXAS §
COUNTY OF TARRANT §
INTERLOCAL AGREEMENT BETWEEN THE CITY OF WESTLAKE, TEXAS
AND THE CITY OF SOUTHLAKE, TEXAS FOR CONSTRUCTION OF
THE KIRKWOOD/SOLANA DRIVE INTERSECTION AND SIGNALIZATION
IMPROVEMENTS
This Interlocal Agreement (the "Agreement") for the Construction of the
Kirkwood/Solana Drive Intersection and Signalization Improvements to include
paving, drainage, signalization is made and entered into by and between the
Town of Westlake, Texas, a municipal corporation located in Tarrant County,
Texas ("Westlake"), and the City of Southlake, Texas, a municipal corporation
located in Tarrant County, Texas ("Southlake"). (Southlake and Westlake shall
hereafter be collectively referred to as the "municipalities")
WHEREAS, Westlake and Southlake mutually desire to enter into an
interlocal agreement to reconstruct the Kirkwood/Solana Drive intersection with
SH114 ramp intersection (the "Project") between the municipalities; and
WHEREAS, Chapter 791, Texas Government Code, as amended (the
"Act"), provides authorization for municipalities to contract with one another for
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the performance of governmental functions and services under the terms of the
Act; and
WHEREAS, Westlake and Southlake have need to construct these
intersection and signalization improvements, which shall be located in part in
Westlake and in part in Southlake; and
WHEREAS, Westlake and Southlake shall provide financing for the
Project as provided herein; and
WHEREAS, Westlake and Southlake are willing to cooperate with one
another to accomplish the construction and maintenance as provided in this
Agreement; and
WHEREAS, each party paying for the performance of governmental
functions or services under this Agreement must make those payments from
current revenues; and
WHEREAS, it is mutually advantageous to both parties to enter into this
Agreement:
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WITNESSETH
NOW, THEREFORE, for and in consideration of the mutual covenants, terms
and conditions set forth herein, and the mutual benefits to each party, the receipt
and sufficiency of which are hereby acknowledged, Westlake and Southlake
hereby contract, covenant, warrant and agree as follows:
I. ADOPTION OF PREAMBLE
All of the matters stated in the preamble of this Agreement are found to be
true and correct and are hereby incorporated into the body of the Agreement by
reference as though fully set forth in their entirety herein.
II. OBLIGATIONS OF THE PARTIES
1. The City of Southlake has contracted for Project Management and
Consulting Engineering Services related to the design of the Project.
2. The municipalities agree that Westlake shall have an opportunity to
review and approve the construction plans and specification submittals. It is
agreed that each municipality will review the plans in an expedient manner, not to
exceed five (5) business days so that this project can remain on its current fast
track. Completion of the construction of these intersection and signalization
improvements as expeditiously as possible is of paramount importance to both
municipalities.
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3. If necessary, the municipalities agree that each respective city will
be responsible for pursuing the relocation of city owned utilities within their city,
should it be required and each city will acquire the necessary rights -of -way and
easements for the construction of the Project. It should be noted that no
additional easements and/or right-of-way are anticipated for this project.
4. The municipalities agree that Southlake will contract the services of
a Third Party Contractor to construct the concrete curbs, gutter and flatwork,
signalization improvements associated with the pavement of the Project.
5. The municipalities agree that the Third Party Contractor shall
provide Performance, Payment and Maintenance Bonds in the full amount of the
contract cost issued to the contracting municipality.
6. The municipalities agree to funding of the project as follows:
a) The total estimated cost of the project including design and
construction of the proposed improvements is $823,000.
b) The Opinion of Probable Construction Cost estimate prepared
by Consultant Kimley-Horn & Associates as of January 31, 2017
is $738,000. This cost is reflected in Exhibit A attached to the
Agreement.
c) An additional cost of $85,000 is estimated for the cost of the
design of the Kirkwood Intersection and Signalization
improvements. The design services contract for this project
with Kimley-Horn and Associates was approved by the
Southlake City Council on March 7, 2017.
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d) Westlake shall reimburse to Southlake a portion of the
construction phase costs and services, in an amount of
268 680 for the project upon substantial completion of
construction. A final invoice shall be provided to Westlake by
Southlake.
7. Westlake agrees to make payment to Southlake within a
reasonable length of time estimated at 30 days after receipt of the invoice from
Southlake.
8. The municipalities agree that Southlake will provide all construction
inspection and construction management for the Project.
9. Since the majority of improvements will be completed within TxDOT
right-of-way, TxDOT guidelines and standards shall govern. However, if TxDOT
guidelines and standards do not address an issue that arises during the project,
Southlake and Westlake agree that the construction to be done within Westlake
shall be in accordance with Southlake's Code of Ordinances including, but not
necessarily limited to, providing proper barricades, traffic control during
construction, detours and project clean up after the contractor is completed.
10. TxDOT will be responsible for maintenance of infrastructure
improvements located within TxDOT right-of-way. The municipalities agree that
each respective city will provide maintenance on all roadway, drainage and
signalization facilities, including signage and pavement markings, lying within
their respective corporate boundaries and outside of TxDOT right-of-way.
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III. INDEMNIFICATION AND HOLD HARMLESS
1. To the extent allowed by law, Westlake agrees to indemnify and
hold Southlake harmless from any claim by a third party for damages arising from
or resulting from the construction or maintenance, in accordance with terms set
forth in this agreement, of any portion of the Project lying in the City of Westlake.
2. To the extent allowed by law, Southlake agrees to indemnify and
hold Westlake harmless from any claim by a third party for damages arising from
or resulting from the construction or maintenance, in accordance with terms set
forth in this agreement, of any portion of the Project lying in the City of Southlake.
3. Furthermore, it is understood that both cities will, to the extent
allowed by law, agree to indemnify and hold TxDOT harmless from any claim by
a third party for damages arising from or resulting from the construction or
maintenance, in accordance with terms set forth in this agreement, of any portion
of the Project lying within their respective cities.
4. The provisions of these indemnifications shall not apply to acts of
gross negligence or willful misconduct by the indemnified party.
5. The provisions of this indemnification are solely for the benefit of
the parties hereto and not intended to create or grant any rights, contractual or
otherwise, to any other person or entity.
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6. Further, the indemnification and hold harmless contained herein
shall not be deemed a waiver of any sovereign immunity allowed pursuant to
Tex. Civ. Proc. & Rem. Code Section 101.001 et. seq., or otherwise.
IV. NOTICES
Any notice required to be given under this Agreement shall be deemed to
have been adequately given if deposited in the United States mail in an
envelope:
TO SOUTHLAKE:
City of Southlake
1400 Main Street
Suite 400
Southlake, Texas 76092
Attention: City Manager
TO W ESTLAKE:
Town of Westlake
1301 Solana Blvd.
Bldg. 4, Suite 4202
Westlake, Texas 76262
Attention: Town Manager
A change of address may be made by either party upon the giving of ten
(10) days prior written notice.
V. MISCELLANEOUS PROVISIONS
1. This Agreement shall be binding upon and inure to the benefit of
the parties hereto and their respective successors and assigns.
2. This Agreement constitutes the sole and only agreement of the
parties hereto and supersedes any prior understandings or written or oral
agreements between the parties respecting the subject matter hereof.
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3. No amendment, modification or alteration of the terms hereof shall
be binding unless the same be in writing, dated subsequent to the date hereof and
duly executed by the parties.
4. All payments made hereunder shall be payable from funds currently
available to the City/Town.
5. This Agreement may be executed concurrently in one or more
counterparts, each of which shall be deemed an original, but all of which together
shall constitute one and the same instrument.
6. If, in case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in
any respect, such invalidity, illegality, or unenforceability shall not affect any other
provision hereof and this Agreement shall be construed as if such invalid, illegal
or unenforceable provision had never been contained herein.
7. The obligations and undertakings of each of the parties to this
Agreement are and shall be performable in Tarrant County, Texas.
8. Each party hereto warrants that it has received authority from its
governing body to enter into this Agreement.
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EXECUTED this the day of 12017.
ATTEST:
City Secretary
City of Southlake, Texas
[SEAL]
APPROVED AS TO FORM:
City Attorney
City of Southlake, Texas
CITY OF SOUTHLAKE, TEXAS
Mayor
City of Southlake, Texas
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EXECUTED this the day of , 2017.
ATTEST:
City Secretary
Town of Westlake, Texas
[SEAL]
APPROVED AS TO FORM:
Town Attorney
Town of Westlake, Texas
CITY OF WESTLAKE, TEXAS
Mayor
Town of Westlake, Texas
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