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Item 4GCITY OF SOUTH LAKE MEMORANDUM (March 3, 2009) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Public Works Director Subject: Approve a third amendment to the interlocal agreement with Tarrant County for allocation of Tarrant County bond funds being provided in conjunction with the FM 1938 project Action Requested: Approve a third amendment to the interlocal agreement with Tarrant County for allocation of Tarrant County bond funds being provided in conjunction with the FM 1938 project Background Information: In March of 2002, the Town of Westlake, the City of Southlake, the City of Keller and Tarrant and Denton Counties entered into an inter -local agreement establishing the project partnership for the F.M. 1938 roadway improvement project. Tarrant County and Denton County are assisting with the project ROW acquisition through an Inter - local Agreement with all three cities. The design project has had some difficulties over the last seven years that have caused delays. The project was divided into two phases with the northern section being almost entirely in Westlake. The Environmental Assessment (EA) has been reviewed and approved by TXDOT for submittal to the Federal Highway Administration. The Phase I portion of the referenced project is currently scheduled to be awarded by TXDOT in August of 2009. In 2008, Tarrant County, Precinct 3 Commissioner Gary Fickes requested and garnered the support of the Tarrant County Commissioner's Court to provide funding in an amount not to exceed $1,000,000 to be utilized for additional engineering on this project. On February 5, 2008, the Southlake City Council approved Amendment No. 2 to an agreement with the Town of Westlake, the City of Keller and Tarrant and Denton Counties dated March 5, 2002 which established the project partnership for the F.M. 1938 roadway improvement project. Amendment No. 2 included additional engineering and subsurface utility engineering services for the F.M. 1938 roadway project. Amendment No. 3 was requested by Tarrant County for administrative purposes. Amendment No. 3 further identifies the schedule for the allocation of Tarrant County bond funds as identified in the Second Amendment to the above mentioned agreement. Financial Considerations: Amendment No. 3 addresses the timing of the expenditure of Tarrant County Bond Funds provided by Amendment No. 2 to the inter -local agreement dated March 5, 2002. No additional Tarrant County or City of Southlake funding is required or being authorized as part of this amendment. Strategic Link: The construction of FM 1938 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 the construction of this new transportation infrastructure include: Providing travel convenience within the City and region, as well as, collaborating with select partners to implement service solutions. Citizen Input/ Board Review: None Legal Review: None Alternatives: The City Council may edit or reject this amendment. Supporting Documents: Tarrant County Request Letter Amendment No. 3 Staff Recommendation: Approve a third amendment to the interlocal agreement with Tarrant County for allocation of Tarrant County bond funds being provided in conjunction with the FM 1938 project. Staff Contact: Robert H. Price, P.E., Public Works Director Gordon J. Mayer, Jr., P.E., City Engineer Cheryl Taylor, P.E., Project Engineer 1114 > 'JLr -X tAN"I' COUNTY TRANSPORTATION DEPARTMENT November 5, 2008 Mayor Andy Wambsganss City of Southlake 1400 Main Street, Suite 460 Southlake, Texas 76092 Dear Mayor Wambsganss: Please find enclosed a Third Amendment related to the F M. 1938 project agreement executed on March 5, 2002. This amendment identifies the schedule for the allocation of Tarrant County bond funds as identified in the Second Amendment to the agreement. Please sign all three copies of the Third Amendment and forward them to the address listed below Randy Skinner Tarrant County Transportation Services 100 E. Weatherford, Room 401 Fort Worth, Texas 76196 Once the amendment has been fully executed, a copy will be returned to you if you have any questions, please contact me at 817 -884 -1653 Thank you for your attention to this matter. Sincerely, 4("-, (� � Randy Skinner Planning Manager 100 E WEATHERFORD, FORT WORTH, TEXAS 76196 -0601 PHONE 817- 8841250 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT § THIRD AMENDMENT TO INTERLOCAL AGREEMENT This Third Amendment to Interlocal Agreement is entered into this day of , 2008, by and between the COUNTY OF TARRANT, acting herein by and through its governing body, the Tarrant County Commissioners Court, the COUNTY OF DENTON, acting herein by and through its governing body, the Denton County Commissioners Court, both hereinafter referred to as COUNTIES, and both being County agencies of the State of Texas, and the CITY OF KELLER, acting through its governing body, the Keller City Council, the CITY OF SOUTHLAKE, acting through its governing body, the Southlake City Council, and THE TOWN OF WESTLAKE, acting through its governing body, the Westlake Board of Aldermen, hereinafter referred to as the "CITY" or collectively as the "CITIES," witnesseth: WHEREAS, on March 5, 2002, the COUNTIES and the CITIES entered into an Interlocal Agreement (hereinafter referred to as the "Agreement ") memorializing the parties' obligations and responsibilities regarding a right- of-way acquisition and improvement project for FM 1938 from FM 1709 to SH 114; and WHEREAS, the parties to the Agreement entered into an amendment of the Agreement in July of 2005, amending Article 1 of the Agreement as follows: Location Sta -veys and Preparation of Right -of -'tarry Data: The CITIES will do the necessary preliminary engineering and survey work in order to supply the COUNTIES the data and instruments necessary to obtain acceptable title to the desired right -of -way. The CITIES shall do this without cost to the COUNTIES, except that TARRANT COUNTY agrees to contribute ONE HUNDRED FIFTY THOUSAND and NO /100 DOLLARS ($150,000.00) toward these costs and agrees to pay this amount to THE TOWN OF WESTLAKE, Engineering and survey work shall meet minimum State design standards, and WHEREAS, the parties to the Agreement entered into a Second Amendment to the Interlocal Agreement to amend Article 1 again to reflect TARRANT COUNTY'S agreement to contribute $1,000,000.00 toward the Environmental Analysis Study, the Subsurface Engineering Study, and the fees for Engineering Design. and WHEREAS, the parties to the Agreement now desire to amend Article I again to reflect the disbursement schedule of TARRANT COUNTY funds in the amount of $1,000,000,00 as identified in the Second Amendment to the Agreement. Amendment to Interlocal Agreement Page 1 of 5 NOW THEREFORE, for and in consideration of the mutual covenants and agreements contained in the original Agreement and as contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the undersigned agree that Article 1 of the Agreement as amended is hereby amended a third time as follows: 1. Location Surveys and Prepai °ation of Right -of -Way Data: The CITIES will do the necessary preliminary engineering and survey work in order to supply the COUNTIES the data and instruments necessary to obtain acceptable title to the desired right -of -way., The CITIES shall do this without cost to the COUNTIES, except that TARRANT COUNTY agrees to contribute ONE HUNDRED FIFTY THOUSAND and NO /100 DOLLARS ($150,000.00) toward these costs and agrees to pay this amount to THE TOWN OF WESTLAI{E, Furthermore, TARRANT COUNTY agrees to contribute up to, but not exceeding, ONE MILLION and NO/100 DOLLARS ($1,000,000.00) of Commissioner discretionary funds as identified in the 2006 Tarrant County Transportation Bond Program for the Environmental Analysis Study, the Subsurface Engineering Study, and for Engineering Design Fees. Engineering and survey work shall meet minimum State design standards, TARRANT COUNTY bond funds identified herein will be disbursed according the schedule shown in Attachment A which is attached hereto and hereby made a part of this amendment for all purposes. This third amendment may be executed in multiple counterparts, attached to the original Agreement, and shall collectively constitute the Third Amendment to the Agreement. Amendment to Interlocal Agreement Page 2 of 5 COUNTY OF TARRANT COUNTY .JUDGE CITY OF SOUTHLAKE AUTHORIZED CITY OFFICIAL Attest: APPROVAL OF CITY ATTORNEY CITY OF KELLER AUTHORIZED CITY OFFICIAL Attest: APPROVAL OF CITY ATTORNEY: Approval Form for DENTON COUNTY District Attorney Assistant District Attorney COUNTY OF DENTON COUNTY .TUDGE TOWN OF WESTLAKE AUTHORIZED TOWN OFFICIAL Attest: APPROVAL OF TOWN ATTORNEY *By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s). Amendment to Interlocal Agreement Page 3of5 Approval Form for TARRANT COUNTY District Attorney Assistant District Attorney *By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s).. CERTIFICATION OFA (/AILABLE FUNDS IN THE AMOUNT OF Certification of Funds Available as follows: Fiscal year ending September 30, 2007 Fiscal year ending September 30, 2008 Fiscal year ending September 30, 2009 $333,000 $333,000 All future ears funding is contingent on future debt issuance and renewal of this contract Fiscal year ending September 30, 2010 Fiscal year ending September 30, 2011 Fiscal year ending September 30, 2012 Fiscal year ending September 30, 2013 Fiscal year ending September 30, 2014 Fiscal year ending September 30, 2015 Fiscal year ending September 30, 2016 $334,000 $ $ ---------------------------------- $1,000,000 Auditor's Office Amendment to Interlocal Agreement Page 4 of 5 ATTACHMENT A Proiect Information City: Westlake, Southlake, Keller, Denton County Project Name: F, M, 1938 extension from S. H. 114 to F, M, 1709 Proposed Proiect Schedule Start Date Duration (mo) End Date * Design Jan -2008 28 Apr -2010 ROW Acquisition: - 0 - Utility Relocation: 0 Construction: - 0 - * 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. ': Assumes completion of design elements for Phase 1 and Phase 2, Proposed Countv Pavment by Phase Design: $1,000,000 ROW Acquisition: $ Utility Relocation: $ Construction: $ County Funding Total: $1,000,000 Proposed C ounty Payment by Calendar Quarter SUBJECT TO CHANGE 1 st Ouarter 2nd Ouarter 3rd Ouarter 4th Ouarter 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Amendment to Interlocal Agreement Page 5 of 5 $ $ $333,000 $ $333,000 $ $ $ $334,000 $ $ $ $ $ $ $ $ $ $ $ $ $ $ Amendment to Interlocal Agreement Page 5 of 5