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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 Lo c a t i o n M a p E.  Hi g h l a n d  St N .   W h i t e   C h a p e l   B l v d Em e r a l d  Bl v d E  Ch a p e l  Do w n s  Dr 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 $ $ $ $