Item 4CItem 4C
M E M O R A N D U M
(January 16, 2018)
To: Shana Yelverton, City Manager
From: Rob Cohen, Director of Public Works
Subject: Approve an Interlocal Agreement with Tarrant County for
funding of the construction of North White Chapel Boulevard
in an amount not to exceed $2,185,000.
Action
Requested: Approve an Interlocal Agreement with Tarrant County for funding of
the construction of North White Chapel Boulevard in an amount not
to exceed $2,185,000.
Background
Information: The purpose of this item is to seek Council approval of an Interlocal
Agreement with Tarrant County for construction of North White
Chapel Boulevard from Emerald Boulevard to Highland Street. The
county allocated these funds as part of their 2006 County Bond
Program for a cost share arrangement with the City of 50% of the
construction cost or $2,185,000, whichever is less. The current
opinion of probable construction cost for this segment of North
White Chapel is just under $12 million and the anticipated bid date
is summer 2018.
Earlier versions of the Interlocal Agreement have been adopted by
City Council in years past, however since the project has not yet
been constructed, these funds have not been requested to date.
Tarrant County requires renewal of Interlocal Agreements each
year for funds not expended.
Financial
Considerations: Funding for this project has been allocated from General, Utility,
Roadway Impact Fee, and Storm Water Utility System Funds in
prior budgets dating back to FY 2006 through current FY 2018 as
well as Tarrant County funds via this Interlocal Agreement.
.
Strategic Link: This proposed Interlocal Agreement links to the City’s strategy map
relative to focus areas of Infrastructure and Mobility. The specific
corporate objectives that are met with this Interlocal Agreement to
(C2) Provide travel convenience within the City & region, (F2)
Invest to provide & maintain high quality services, and (CB02)
Item 4C
Page 2 of 2
Enhance mobility through aggressive traffic management initiatives
and capital project implementation.
Citizen Input/
Board Review: N/A
Legal Review: The Interlocal Agreement has previously been reviewed and
approved by the City Attorney.
Alternatives: The Council can approve the Interlocal Agreement or deny it.
Supporting
Documents: Location Map
Interlocal Agreement
Staff
Recommendation: Approve an Interlocal Agreement with Tarrant County for funding of
the construction of North White Chapel Boulevard in an amount not
to exceed $2,185,000.
Staff Contact: Rob Cohen, Director of Public Works
Kyle D. Hogue, P.E., Deputy Director/City Engineer
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Interlocal Agreement Transportation Bond 2006-2007 Page
1
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 widen White Chapel Road from two lanes to four lanes from Highland
Street to Emerald Boulevard.
II.
Interlocal Agreement Transportation Bond 2006-2007 Page
2
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”);
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 will terminate on September 30, 2020 unless terminated sooner in accordance with Section XI of this agreement. IV. COST
COUNTY agrees to reimburse CITY up to $2,185,000 or 50% of CITY’s actual
eligible construction costs, whichever is less. 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 has no obligation to
reimburse City for any additional costs until the CITY completes the next scheduled phase
of the project to the COUNTY’s satisfaction. The CITY will provide written certification
signed by the CFO or other authorized official that the work has been completed and that
the funds being requested have been expended.
Interlocal Agreement Transportation Bond 2006-2007 Page
3
CITY acknowledges and agrees 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
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
Interlocal Agreement Transportation Bond 2006-2007 Page
4
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.
XI.
TERMINATION
Either party may terminate this Agreement without cause upon thirty (30) days’
written notice to the other party prior to the intended date of termination. In the event
of termination by either party, neither party shall have any further obligations to the other
party under this Agreement except that, in accordance with the provisions in Paragraph
IV, COUNTY agrees to reimburse CITY for any outstanding invoice for a phase of the
project completed to the COUNTY’s satisfaction.
COUNTY: CITY:
County Administrator City Manager
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 Mayor
Interlocal Agreement Transportation Bond 2006-2007 Page 5
CERTIFICATION OF AVAILABLE FUNDS IN THE AMOUNT OF $_______________________:
Certification of Funds Available as follows:
Fiscal year ending September 30, 2017 $
Fiscal year ending September 30, 2018 $1,200,000
Fiscal year ending September 30, 2019 $985,000
Fiscal year ending September 30, 2020 $
---------------------------------
$2,185,000
____________________________
Auditor's Office
APPROVED AS TO FORM: APPROVED AS TO FORM AND
CONTENT:
_____________________________ __________________________
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 Agreement Transportation Bond 2006-2007 Page 6
ATTACHMENT A
Project Information
City: City of Southlake
Project Name: White Chapel Widening
Proposed Project Schedule
Start Date Duration (mo) End Date *
Design: - - -
ROW Acquisition: - - -
Utility Relocation: - - -
Construction: Oct-2017 24 Oct-2019
* 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. COUNTY
plans to issue debt for all phases of this project, therefore payment remains contingent
on debt issuance in accordance with applicable law.
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 County Payment by Phase
Design: $
ROW Acquisition: $
Utility Relocation: $
Construction: $2,185,000
County Funding
Total: $2,185,000
Proposed County Payment by Calendar Quarter (SUBJECT TO CHANGE)
1st Quarter
2nd Quarter
3rd Quarter
4th Quarter
2012 $ $ $ $
2013 $ $ $ $
2014 $ $ $ $
2015 $ $ $ $
2016 $ $ $ $
2017 $ $ $ $300,000
2018 $300,000 $300,000 $300,000 $300,000
2019 $300,000 $300,000 $85,000 $
2020 $ $ $ $
2021 $ $ $ $