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M E M O R A N D U M
(November 17, 2020)
To: Shana Yelverton, City Manager
From: Rob Cohen, Director of Public Works
Subject: Approve an Interlocal Agreement (ILA) with the City of
Colleyville for shared costs in the replacement of the off-
system bridge at South White Chapel Boulevard and Pleasant
Run Road.
Action
Requested: Approve an Interlocal Agreement (ILA) with the City of Colleyville
for shared costs in the replacement of the off-system bridge at
South White Chapel Boulevard and Pleasant Run Road.
Background
Information: The purpose of this agreement is for the City of Southlake and the
City of Colleyville to share design and construction costs for the
replacement of the off-system bridge at South White Chapel
Boulevard and Pleasant Run Road.
The scope of the agreement will replace the off-system bridge at
said location, construction of a new sidewalk, and utility
improvements. The City of Colleyville will reimburse 50% of all
design and construction costs for the replacement and
improvements of this project.
Financial
Considerations: The ILA with the City of Colleyville is a net, no cost agreement to
the City.
Strategic Link: This item links to the City’s Strategy Map strategic focus areas of
Mobility, Infrastructure, and Partnerships & Volunteerism. It
specifically relates to the City’s Corporate Objectives, C2: Provide
Travel Convenience Within City & Region, B2: Collaborate with
Select Partners to Implement Service Solutions, and F2: Invest To
Provide & Maintain High Quality Public Assets.
Citizen Input/
Board Review: None.
Item 4K
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Legal
Review: The City Attorney has reviewed the agreement.
Alternatives: The City Council may approve or deny the agreement.
Staff
Recommendation: Approve an Interlocal Agreement (ILA) with the City of Colleyville
for shared costs in the replacement of the off-system bridge at
South White Chapel Boulevard and Pleasant Run Road.
Supporting
Documents: Attachment A: ILA with City of Colleyville
Staff
Contact: Rob Cohen, Director of Public Works
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INTERLOCAL AGREEMENT
Between the City of Colleyville and the City of Southlake
This Interlocal Agreement (hereinafter the “Agreement”) regarding funding a bridge replacement
project is made and entered into by and between the CITY OF COLLEYVILLE (hereinafter
“Colleyville”) and the CITY OF SOUTHLAKE (hereinafter “Southlake”), which are both home
rule municipal corporations and political subdivisions of the State of Texas. Colleyville and
Southlake are referred to herein individually as a “Party” and collectively as the “Parties.”
RECITALS
WHEREAS, this Agreement is made pursuant to Chapter 791 of the Texas Government Code; and
WHEREAS, to the extent necessary the Parties will use current revenues to pay obligations in this
Agreement; and
WHEREAS, the project serves a public purpose; and
WHEREAS, Colleyville and Southlake each have the legal authority to perform its obligations in
this Agreement; and
WHEREAS, the division of costs provided in this Agreement constitutes adequate consideration to
each party; and
WHEREAS, the 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; and
WHEREAS, it is mutually advantageous to both parties to enter into this Agreement:
AGREEMENTS, TERMS AND CONDITIONS
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
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which are hereby acknowledged, the Parties hereby contract, covenant, warrant and agree as
follows:
I. ADOPTION OF RECITALS
All of the matters stated in the Recitals stated above are agreed 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. PROJECT DESCRIPTION
This Project will replace the off-system bridge at South White Chapel and Pleasant Run to
include the construction of a new sidewalk and additional utility improvements (hereinafter the
“Project”).
III. RESPONSIBILITIES OF THE PARTIES; COST APPORTIONMENT
3.1 Colleyville shall be responsible for the following:
(a) Reimbursing Southlake for fifty percent (50%) of all Project design and construction
costs plus any additional costs incurred by Southlake as determined by the Texas
Department of Transportation (TxDOT).
(b) TxDOT’s construction standards will apply to the Project, including those portions of
the Project that extend into Southlake’s City Limits
(c)Colleyville will appoint a representative that will be responsible for timely reviewing
the design and approving location and placement of equipment within its right of way.
3.2 Southlake shall be responsible for the following:
(a) Fifty percent (50%) of all Project design and construction costs plus any additional costs
incurred by Southlake as determined by the Texas Department of Transportation (TxDOT).
(b) TxDOT’s construction standards will apply to the Project, including those portions of
the Project that extend into Colleyville’s City Limits
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(c) Southlake will appoint a representative that will be responsible for timely reviewing the
design and approving location and placement of equipment within its right of way.
3.3 Fiscal Agent. Southlake shall serve as the fiscal agent of the Parties for purposes of the Project.
Southlake will review, approve, and pay the bills incurred for the Project and will then bill
Colleyville for its respective share. Colleyville is entitled to request a copy of any bill for review,
prior to or following Southlake’s payment of the same, provided that Colleyville may not
unreasonably delay timely payment of any bill approved for payment by Southlake. Unless
otherwise provided in this Agreement, Colleyville will remit payment to Southlake within thirty
(30) days of receipt of any and all invoices.
3.4 Rights-of-way. The Parties agree to provide necessary access to their respective rights-of-way
for the Project. Neither Party shall be responsible for acquiring additional rights-of-way, easements,
or other property rights wholly located outside of that Party’s incorporated limits. The Parties will
designate a single point of contact for managing rights-of-way issues.
IV. COST
Colleyville agrees to fund the actual costs of the Project by reimbursing Southlake. Payment
to Southlake shall be in accordance with the funding schedule set forth in Attachment A, which is
attached hereto and hereby made a part of this Agreement for all purposes. The Parties agree
Colleyville has no obligation to provide payments during schedule delays. The Parties further agree
Colleyville’s payments for the Project are contingent upon the Southlake’s and Colleyville’s
reasonable determination that the work for which reimbursement is sought has been successfully
completed, which shall not be unreasonably withheld.
Prior to the final payment, Southlake 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 costs of the Project, as defined in Section I.
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V. AGENCY-INDEPENDENT CONTRACTOR
Neither Colleyville nor any employee thereof is an agent of Southlake and neither Southlake
nor any employee thereof is an agent of Colleyville. Each party shall supervise the performance of
its own personnel and shall not be entitled to control the manner and means by which its work and
services are to be performed, subject to the terms of this Agreement. It is understood and agreed by
and between the Parties that each, in satisfying the conditions of this Agreement, is acting
independently, and that neither assumes responsibility or liability to any third party in connection
with their performance of this Agreement. 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. Southlake agrees that the Colleyville will have
no right to control the manner or means of construction of the Project.
VI. ASSIGNMENT
Neither Party may assign, in whole or 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.
VIII. AUDIT OF RECORDS
Southlake’s records regarding this Project shall be subject to audit by Colleyville 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.
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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:
COLLEYVILLE: SOUTHLAKE:
City Manager City Manager
Re: South White Chapel & Pleasant Run Re: South White Chapel & Pleasant Run
City of Colleyville City of Southlake
100 Main Street 1400 Main Street
Colleyville, Texas 76034 Southlake, Texas 76092
XII. SEVERABILITY
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.
XIII. AUTHORITY
Each person signing this Agreement warrants that person has received authority from the
governing body of the party for which it is signing this Agreement to enter into this Agreement.
Signature page to follow
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EXECUTED hereto on the date(s) shown
below.
City of Southlake, Texas
City of Colleyville, Texas
By: ___________________________
By: ___________________________
Laura Hill, Mayor Jerry Ducay, City Manager
Attest:
Attest:
_______________________________ _______________________________
Amy Shelley
Southlake City Secretary
Christine Loven
Colleyville City Secretary
APPROVED AS TO FORM:
APPROVED AS TO FORM:
_______________________________ ______________________________
Allen Taylor Jr.
City Attorney
Whitt L. Wyatt
City Attorney
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ATTACHMENT A
Project Information
City: City of Southlake
Project Name: South White Chapel and Pleasant Run Bridge Replacement
Proposed Project Schedule
Start Date Duration (mos) End Date *
Design:
ROW Acquisition:
Utility Relocation:
Construction:
* Colleyville agrees to fund 50% of the actual construction costs of the Project up to the amount of
$106,134 by reimbursing Southlake for work completed. Colleyville’s payments to Southlake for
the Project are contingent upon the Southlake’s and Colleyville’s reasonable determination that the
work for which reimbursement is expected is successfully completed, which shall not be
unreasonably withheld.
Colleyville retains control over the Colleyville funding disbursement schedule identified herein.
Colleyville agrees to notify Southlake of any changes to the disbursement schedule 30 days in
advance in accordance with Section X of this Agreement.
Proposed Colleyville Payment by Phase
Design: $12,677
Construction: $93,455.50
Colleyville Funding
Total: $106,132.50