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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 IF M pie � i,j� 1� •�� r T - � ��I� ISI�� ,' ': A C O � v V � N i L a _ 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