Item 4H CITY OF
SOUTHLAKE Item 4H
MEMORANDUM
(June 20, 2017)
To: Shana Yelverton, City Manager
From: Rob Cohen, Director of Public Works
Subject: Approve an Interlocal Agreement (ILA) with Tarrant County for
signal and intersection improvements at State Highway 114
frontage roads and Kirkwood/Solana Boulevard in an amount
of$250,000.
Action
Requested:
Approve an Interlocal Agreement (ILA) with Tarrant County for
signal and intersection improvements at State Highway 114
frontage roads and Kirkwood/Solana Boulevard in an amount of
$250,000.
Background
Information: 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 Boulevard 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. A
design contract was awarded by City Council to Kimley-Horn and
Associates, Inc. at the March 7, 2017 meeting. The design is
currently at 95% complete.
Staff has been working with several partners for this project to
include the Town of Westlake, the County and TxDOT. To date,
one Interlocal Agreement (ILA) with Westlake was approved by
both the Southlake City Council and the Westlake Town Council.
The Tarrant County Commissioner's Court and Tarrant County
Precinct 3 Commissioner Gary Fickes are proposing to commit
Precinct 3 discretionary bond funds in the amount of $250,000 from
the 2006 Tarrant County Bond Program for this project. The
County will reimburse the City upon final completion of all definable
features of work associated with the project.
Item 4H
Financial
Considerations: Funding for this project are included in the FY2017 CIP budget.
Project Budget:
Engineering Design/Survey $ 125,000
Signal Poles and Mast Arms purchase* 125,000
Signal construction via LPAFA (Item 41) 280,000
Intersection Improvements (Item 4J) 800,000
Total Project Budget $1,330,000
*The procurement of the decorative signal poles and mast arms were approved by the
Southlake City Council under Item 4K on June 6, 2017.
Strategic Link: The Kirkwood/Solana Boulevard at SH114 Frontage Roads
Intersection and Traffic Signal project links to the City's strategy
map relative to the focus areas of Mobility and Infrastructure. The
specific corporate objectives that are met by this project are to (C2)
Provide travel convenience within the City & region and (F2) Invest
to provide & maintain high quality public assets. The critical
business outcome is to (CBO2) Enhance mobility through
aggressive traffic management initiatives and capital project
implementation.
Citizen Input/
Board Review: N/A
Legal Review: This proposed Interlocal Agreement has been reviewed by the City
Attorney.
Alternatives: The Council may approve the Interlocal Agreement or deny it.
Supporting
Documents: Location Map
Interlocal Agreement
Staff
Recommendation: Approve an Interlocal Agreement (ILA) with Tarrant County for
signal and intersection improvements at State Highway 114
frontage roads and Kirkwood/Solana Boulevard in an amount of
$250,000.
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
Page 2 of 2
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STATE OF TEXAS §
§ Interlocal Agreement
COUNTY OF TARRANT §
This agreement is entered into between Tarrant County, Texas, hereinafter referred to as
COUNTY, and the City of Southlake, hereinafter referred to as CITY, and collectively referred to as
the parties, for the purpose of funding a 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 serves a public purpose;
4. The COUNTY and the CITY each have the legal authority to perform its obligations in
this agreement; and
5. The division of costs provided in this agreement constitutes 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 construct a traffic signal, pedestrian signals, curb ramps, sidewalk, and two turn
lanes at the interchange of State Highway 114 and Kirkwood Blvd/Solana Blvd.
II.
SCOPE OF SERVICES PROVIDED BY CITY
The services to be provided by the CITY shall include, but are not limited to, the following:
A. Total project cost summary including all construction cost, project schedule, right of
way acquisition, planning, engineering, surveying and governmental approval cost
(collectively referred to as"Costs");
Interlocal Aareement Transportation Bond 2006-2007 Page 1
B. Construction agreement administration, site review, permitting and
inspection;
C. Interagency cooperation;
D. A monthly progress report documenting the percentage completed for each major
component of the project shall be provided to the COUNTY to be submitted by the
5th day of each month ;
E. CITY will notify the COUNTY upon 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 shall become effective upon the approval of both parties and shall
terminate on September 30, 2018, unless extended in writing and approved by both parties.
IV.
COST
COUNTY agrees to fund the actual construction costs of the Project up to the amount of
$250,000 by reimbursing CITY. Payment to CITY shall be in accordance with Attachment A which
is attached hereto and hereby made a part of this Agreement for all purposes. Attachment A
incorporated into this agreement by reference sets forth the funding schedule for this
reimbursement. The Parties agree COUNTY has no obligation to provide payments during
schedule delays. The Parties further agree COUNTY's payments for the Project are contingent
upon the CITY's and COUNTY'S reasonable determination that the work for which reimbursement
is sought has been successfully completed.
Prior to the final payment, the CITY agrees to provide certification signed by the City
Manager or other authorized official that the work has been completed and that the funds being
requested have been expended. The Parties acknowledge that the funding contained herein is
designated for the construction of improvements to the intersection of Kirkwood Boulevard at
State Highway 114 as defined in Section I.
Interlocal Aareement Transportation Bond 2006-2007 Page 2
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 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
supersedes 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.
Interlocal Aareement Transportation Bond 2006-2007 Page 3
X.
NO WAIVER
This Agreement may not be interpreted to waive the sovereign or governmental immunity
of any party to this Agreement to the extent such party enjoys immunity under Texas law.
XI.
NOTICE
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, address as follows:
COUNTY: CITY:
County Administrator City Manager
Re: Kirkwood at SH 114 Re: Kirkwood at SH 114
Tarrant County City of Southlake
100 E Weatherford St 1400 Main Street
Fort Worth, Texas 76196 Southlake, Texas 76092
APPROVED on this day the _ _ day of_ 20 , by Tarrant
County.
Commissioners Court Order No.
TARRANT COUNTY
STATE OF TEXAS CITY
County Judge Shana Yelverton
City Manager
Commissioner, Precinct 3
Interlocal Aareement Transportation Bond 2006-2007 Page 4
CERTIFICATION OFA VAILABLE FUNDS IN THE AMOUNT OF$
Auditor's Office
**Project funded through Precinct 3 Discretionary Bond Funds
APPROVED AS TO FORM; APPROVED AS TO FORM AND
CONTENT
Criminal District Attorney's Office* City Attorney
*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.
Interlocal Aareement Transportation Bond 2006-2007 Page 5
ATTACHMENT A
Proiect Information
City: City of Southlake
Project Name: Kirkwood at SH 114 intersection improvements
Proposed Proiect Schedule
Start Date Duration (mo) End Date
Design: - - -
ROW Acquisition: - - -
Utility Relocation: - - -
Construction: Aug-2017 4 Nov-2017
COUNTY agrees to fund the actual construction costs of the Project up to the amount
of$250,000? by reimbursing City for work completed. COUNTY's payments to CITY
for the Project are contingent upon the CITY's and COUNTY'S reasonable
determination that the work for which reimbursement is expected is successfully
completed.
COUNTY retains control over the COUNTY funding disbursement schedule identified
herein. COUNTY agrees to notify CITY of any changes to the disbursement schedule
30 days in advance in accordance with Section XI of this Agreement.
Proposed County Payment by Phase
Design: $
ROW Acquisition: $
Utility Relocation: $
Construction: $250,000
County Funding
Total: $250,000
Proposed County Payment by Calendar Quarter (SUBJECT TO CHANGE)
1St Quarter 2nd Quarter 3rd Quarter 4tn
Quarter
2012 $ $ $ $
2013 $ $ $ $
2014 $ $ $ $
2015 $ $ $ $
2016 $ $ $ $
2017 $ $ $ $250,000
2018 $ $ $ $
2019 $ $ $ $
2020 $ $ $ $
2021 $ $ $ $
Interlocal Aareement Transportation Bond 2006-2007 Page 6