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Item 4CCity of Southlake, Texas M E M O R A N D U M February 5, 2008 To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Public Works Director Subject: Approve an amendment to the inter-local agreement between Tarrant and Denton Counties, City of Keller, Town of Westlake and City of Southlake to include funding for additional engineering and subsurface utility engineering services for the F.M. 1938 roadway project Action Requested: Approve an amendment to the inter-local agreement between Tarrant and Denton Counties, City of Keller, Town of Westlake and City of Southlake to include funding for additional engineering and subsurface utility engineering services for the F.M. 1938 roadway 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. Each City has to pay for its own design surveying and ROW costs. Funding for the engineering was split between the three cities based on their frontage on the project after subtracting all the contributed engineering funds from large property owners. 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 September of 2008. As you can imagine, the construction cost estimates have increased over the last seven years. The current cost estimate for engineering, ROW acquisition, TXDOT review and inspection, and construction of this project is $41,300,000. The funding for this Page 1 of 3 regional project has recently been increased to cover this amount by the Regional Transportation Council (RTC). The Federal, State, and Local funds have been committed for the entire project. Graham Associates, Inc. has incurred and will incur additional engineering costs on this project due to splitting the project into two phases, additional requirements on the EA by TXDOT, and plans required by TXDOT, some offsite drainage problems with Phases I and II, and some unforeseen additional ROW research and strip map revisions. Tarrant County, Precinct 3 Commissioner Gary Fickes speaking for the entire Commissioner’s Court has offered monies not to exceed $1,000,000 to be utilized for this project for engineering and ROW acquisition to help expedite getting this regionally important project under construction. This will cover all of the additional engineering costs for Phase I and II so the cities will not have to appropriate any additional funds at this time. Financial Considerations: The amendment to the inter-local agreement provides additional funding for both phases I and II of the project to be provided by Tarrant County. It should be noted that through the Tarrant County, Precinct 3 Commissioner Gary Fickes discretionary funds, Tarrant County has committed to fund the additional dollars for this project to account for the additional engineering services. Citizen Input/ Board Review: None Legal Review: This amendment amends the original inter-local agreement, which was reviewed by the City Attorney’s Office. Alternatives: The City Council may approve the amendment to the inter-local agreement or deny it. Supporting Documents: Amendment to theInter-Local Agreement between the Town of Westlake, City of Southlake, the City of Keller and Tarrant and Denton Counties. Staff Recommendation: Approve an amendment to the inter-local agreement between Tarrant County, City of Keller, Town of Westlake and Tarrant and Denton Counties to include funding for additional engineering and subsurface utility engineering services for the F.M. 1938 roadway project. Staff Contact: Robert H. Price, P.E., Public Works Director Gordon J. Mayer, Jr., P.E., City Engineer Cheryl Taylor, P.E., Civil Engineer THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT § SECOND AMENDMENT TO INTERLOCAL AGREEMENT This Second 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, among other things, the Agreement set forth how the CITIES and COUNTIES would share the costs of such right-of-way acquisition and improvement project; and WHEREAS, Article 1 of the Agreement stated: Location, Surveys and Preparation of Right-of-Way Data: The CITIES, without cost to the COUNTIES, 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. Engineering and survey work shall meet minimum State design standards. 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 Surveys and Preparation 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 WESTLAKE. Engineering and survey work shall meet minimum State design standards. Amendment to Interlocal Agreement Page 1 of 3 and WHEREAS, the parties to the Agreement now desire to amend Article 1 again to reflect Tarrant County’s agreement to contribute funds toward the Environmental Analysis Study, the Subsurface Engineering Study, and the fees for Engineering Design. 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 second time as follows: 1. Location Surveys and Preparation 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 WESTLAKE. Furthermore, TARRANT COUNTY agrees to contribute up to, but not exceeding, ONE MILLION and NO/100 DOLLARS ($1,000,000.00) for the Environmental Analysis Study, the Subsurface Engineering Study, and for Engineering Design Fees. Engineering and survey work shall meet minimum State design standards. * * * This second amendment shall replace and supersede the original Article 1 of the Agreement as well as the first amended Article 1 of the Agreement. All other provisions of the original Agreement shall remain in force and effect unless modified by a subsequent written amendment signed by all parties to the original Agreement. This second amendment may be executed in multiple counterparts, attached to the original Agreement, and shall collectively constitute the Second Amendment to the Agreement. COUNTY OF TARRANT COUNTY OF DENTON ____________________________ ____________________________ COUNTY JUDGE COUNTY JUDGE CITY OF SOUTHLAKE TOWN OF WESTLAKE ____________________________ ____________________________ AUTHORIZED CITY OFFICIAL AUTHORIZED TOWN OFFICIAL Attest:_______________________ Attest:_______________________ Amendment to Interlocal Agreement Page 2 of 3 APPROVAL OF CITY ATTORNEY APPROVAL OF TOWN ATTORNEY ____________________________ ____________________________ CITY OF KELLER ____________________________ AUTHORIZED CITY OFFICIAL Attest:_______________________ APPROVAL OF CITY ATTORNEY: ____________________________ 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). Approval Form for DENTON 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). Amendment to Interlocal Agreement Page 3 of 3