Item 4H MemoCITY OF
SOUTHLAKE
Item 4H
MEMORANDUM
(August 3, 2021)
To: Shana Yelverton, City Manager
From: Rob Cohen, Director of Public Works
Subject: Approve an Interlocal Agreement (ILA) with Tarrant County to
receive a cost reimbursement for the construction of right turn
lanes at the intersections of FM 1709 at Byron Nelson Parkway
and FM 1709 at Southridge Lakes Parkway in an amount not to
exceed $450,000.
Action
Requested: Approve an Interlocal Agreement (ILA) with Tarrant County to
receive a cost reimbursement for the construction of right turn lanes
at the intersections of FM 1709 at Byron Nelson Parkway and FM
1709 at Southridge Lakes Parkway in an amount not to exceed
$450,000.
Background
Information: The purpose of this item is to seek Council approval of an Interlocal
Agreement with Tarrant County for the shared construction cost of
the right turn lanes at the intersections of FM 1709 at Byron Nelson
Parkway and FM 1709 at Southridge Lakes Parkway. Currently,
this project is under 60% design, and construction is anticipated to
begin in early 2022. The County allocated funds as part of their
2006 Tarrant County Transportation Bond Program for a cost share
arrangement with the City. The terms of the ILA, the County will
reimburse the City for up to $450,000 or 50% of the construction
cost, whichever is less. The current opinion of the probable
construction cost for the right turn lanes at the intersections of FM
1709 at Byron Nelson Parkway and FM 1709 at Southridge Lakes
Parkway is currently $920,000. The resources provided by the
County result in cost savings for the City of Southlake.
This project was identified in the Southlake 2030 Mobility Master
Plan and is intended to improve mobility efficiency along one of the
most heavily traveled roadways in the City. Increased traffic along
FM 1709 and the installation of medians have warranted the
construction of a westbound right -turn lane at Southridge Lakes
Parkway and an eastbound right -turn lane at Byron Nelson
Parkway.
Page 1 of 2
Item 4H
Financial
Considerations: Funding for this project is budgeted as part of the approved Capital
Improvement Program, as well as Tarrant County funds via the ILA.
Strategic Link: This item links to the City's Strategy Map strategic focus area of
Infrastructure and Partnerships & Volunteerism. It specifically
relates to the City's Corporate Objectives, B2: Collaborate With
Select Partners To Implement Service Solutions, and F2: Invest To
Provide & Maintain High Quality Public Assets. The Critical
Business Outcome is, CBO2: Enhance Mobility Through
Aggressive Traffic Management Initiatives and Capital Project
Implementation.
Citizen Input/
Board Review: Upon approval by Southlake City Council, the ILA will then be
placed on the Tarrant County Commissioner's Court Agenda for
approval.
Legal
Review: None.
Alternatives: The City Council may approve or deny the ILA with Tarrant County.
Staff
Recommendation: Approve an Interlocal Agreement (ILA) with Tarrant County to
receive a cost reimbursement for the construction of right turn lanes
at the intersections of FM 1709 at Byron Nelson Parkway and FM
1709 at Southridge Lakes Parkway in an amount not to exceed
$450,000.
Supporting
Documents: Attachment A: FY 2021 Interlocal Agreement
Staff
Contact: Rob Cohen, Director of Public Works
Kevin Ferrer, P.E., Deputy City Engineer
Page 2 of 2
Attachment A
STATE OF TEXAS §
§ Interlocal Agreement
COUNTY OF TARRANT §
This agreement is entered into between Tarrant County, Texas, hereinafter
referred to as COUNTY, and City of Southlake, hereinafter referred to as CITY, and
collectively referred to as the parties, for the purpose of funding a needed 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 benefits the public in that it is a needed transportation
project;
4. The COUNTY and the CITY each has the legal authority to perform its
obligations in this agreement; and
5. The division of costs provided in this agreement constitute 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 add right turn lanes at the intersections of F.M. 1709 at Byron Nelson
Parkway and F.M. 1709 at Southridge Lakes Parkway.
H.
SCOPE OF SERVICES PROVIDED BY CITY
The services to be provided by the CITY shall include, but are not limited to, the
following:
Interlocal Agreement Transportation Bond 2006-2007 Page 1
A. All as -built total project costs including all construction cost, 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 percent complete for each
major component of the project shall be provided to the COUNTY;
E. CITY will notify the COUNTY on 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 conclude on September 30, 2023 unless terminated sooner
per Section XI of this agreement or upon completion of the Project as determined by the
County.
IV.
COST
COUNTY agrees to reimburse CITY up to $450,000.00 of its Costs for eligible
expenses. 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 excused from paying until the successful completion of the
scheduled phase of the project as reasonably determined by the COUNTY. Any
reimbursement request from the CITY must include: A) a copy of the contractor's invoice;
B) the contractor's progress report or a copy of the latest project schedule; C) a copy of
the check or a certification letter or other documentation of the CITY's payment to the
contractor.
CITY understands 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
Interlocal Agreement Transportation Bond 2006-2007 Page 2
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
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.
Interlocal Agreement Transportation Bond 2006-2007 Page 3
XI.
TERMINATION
Until funded by the COUNTY as described in Paragraph IV this agreement may be
terminated by either party by providing written notice to the other party at least thirty
(30) days prior to the intended date of termination. 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, addressed as follows:
COUNTY:
County Administrator
Tarrant County
100 E Weatherford St
Fort Worth, Texas 76196
APPROVED on this day the
Tarrant County.
CITY:
City Manager
City of Southlake
1400 Main Street
Southlake, Texas 76092
day of , 20 , by
Commissioners Court Order No.
TARRANT COUNTY
STATE OF TEXAS CITY
County Judge Signature
Commissioner — Precinct 3
Interlocal Agreement Transportation Bond 2006-2007 Page 4
CER TIFICA TION OF A VAILABLE FUNDS IN THE AMOUNT OF
Auditor's Office
APPROVED AS TO FORM:
Criminal District Attorney's Office*
*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.
APPROVED AS TO FORM AND
CONTENT,"
City Attorney
Interlocal Agreement Transportation Bond 2006-2007 Page 5
ATTACHMENT A
Proiect Information
City: City of Southlake
F.M. 1709 Intersection Improvements at Byron Nelson Pkwy.
Project Name: and Southridge Lakes Pkwy.
Proposed Proiect Schedule
Start Date Duration (mo) End Date
Design: - - -
ROW Acquisition: - - -
Utility Relocation: - - -
Construction: Feb-2022 6 Aug-2022
* 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.
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 Countv Pavment by Phase
Design:
$
ROW Acquisition:
$
Utility Relocation:
$
Construction:
$450,000.00
County Funding
Total:
$450,000.00
Proposed County Payment by Calendar Quarter (SUBJECT TO CHANGE)
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
1st Ouarter 2nd Ouarter Yd Ouarter 41h Ouarter
$
$
$
$
$
$225,000
$225,000
$
Interlocal Agreement Transportation Bond 2006-2007 Page 6