Item 4CCity of Southlake, Texas
MEMORANDUM
June 3, 2008
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Public Works Director
Subject: Approve an interlocal agreement with Tarrant County for
construction of North White Chapel Boulevard from Emerald
Boulevard to Highland Street.
Action
Requested: Approve an interlocal agreement with Tarrant County for
construction of North White Chapel Boulevard from Emerald
Boulevard to Highland Street.
Background
Information: Tarrant County agreed to include funds for construction of the North
White Chapel Boulevard improvements from Emerald Boulevard to
Highland Street in the 2006 County Bond Program. This Tarrant
County program provides for a cost share arrangement with the
City of 50% of the construction cost or $2,185,000, whichever is
less. Tarrant County has similar project cost share agreements
with other cities in the county.
The City agrees to provide all planning, engineering, surveying, and
acquisition of right of way services along with administration of the
construction contract. Tarrant County will reimburse the City on a
quarterly basis for 50% of construction progress payments up to the
maximum participation of $2,185,000. This amount was
determined from the preliminary engineer's opinion of construction
cost of $4,370,000. The current engineer's opinion of construction
cost is $5,275,000. As a result of this anticipated shortfall,
additional funding for this project was approved as part of the FY
2008 CIP budget adopted by the City Council.
This agreement contemplates that the design contract will begin in
June 2008 with design completed in June 2009. Right of way
acquisition and utility relocation will be completed in October 2009.
The construction contract is scheduled to be awarded in October
2009. The term of this interlocal agreement is limited by law to
terminate at the end of the current fiscal year and will be renewed
each fiscal year by Tarrant County and the City of Southlake until
the project is complete.
Financial
Considerations: Tarrant County will reimburse the City quarterly for 50% of the
construction cost or $2,185,000, whichever is less. The City's
share of the cost is budgeted in the FY 2006 and FY 2008 General
Fund CIP, the FY 2007 Roadway Impact Fund CIP, and the FY
2007 Utility Fund CIP.
Citizen Input/
Board Review: None
Legal
Review: None
Alternatives: The City Council may authorize execution of the interlocal
agreement or deny it.
Supporting
Documents: Interlocal Agreement
Project Map
Staff
Recommendation: Approve an interlocal agreement with Tarrant County for
construction of North White Chapel Boulevard from Emerald
Boulevard to Highland Street.
Staff
Contact: Robert H. Price, P.E., Public Works Director
Gordon J. Mayer, Jr., P.E., City Engineer
Michael James, P.E., Civil Engineer
ty'
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 finds serves a public
purpose and serves 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.
I.
PROJECT DESCRIPTION
This project (28) will widen White Chapel Boulevard from two lanes, undivided to four
lanes, divided between Highland Street and Emerald Boulevard. There will also be an eight
foot wide multi -use sidewalk that will provide the major non -motorized access to take
Grapevine and to Carroll High School,
Interlocal Agreement Transportation Bond 2006-2007 Page 1
II.
SCOPE OF SERVICES PROVIDED BY CITY
The services to be provided by the CITY shall include, but are not limited to, the
following:
A. All costs associated with said project including acquisition of right of way,
planning, engineering, surveying and governmental approval costs;
B. All construction costs;
C. Construction agreement administration, site review, permitting and
inspection;
D. Interagency cooperation;
E. A monthly progress report documenting the percent complete for each major
component of the project shall be provided to the COUNTY;
F. CITY will notify the COUNTY on completion of the project.
G. CITY will include the following language on all on -site public notice signage:
"This project is funded by the City of Southiake and the Tarrant County
Commissioners Court through the 2006 Tarrant County Bond Program"
III.
TERM
This agreement will conclude with the ending of the current fiscal year unless
terminated sooner per Section XI of this agreement.
IV.
COST
COUNTY agrees to reimburse 50% of the CITY's actual costs of the as -built final
total project cost or an amount of $2,185,000 whichever is less and in accordance with
Attachment A which is attached hereto and hereby made a part of this agreement for all
purposes. 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. The CITY will provide certification signed by the
CFO or authorized official that the work has been completed and that the funds being
requested have been expended.
Interlocal_Agreement Transportation Bond 2006-2007 Page 2
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 not be
construed to entitle either parity 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 dac€Jment 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.
Interlocal_Agreement _Transportation Bond 2006-2007 Page 3
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
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.
TARRANT COUNTY
STATE OF TEXAS
County Judge
CITY:
City Manager
City of Southlake
1400 Main St., Suite 460
Southlake, Texas 76092
day of , 20 , by
Commissioners Court Order No.
CITY
Signature
Interlocal Agreement Transportation Bond 2006-2007 Page 4
APPROVED AS TO FORM,
District Attorney's Office*
*By law, the District Attorney's Office may only advise or approve agreements or legal documents on behalf
of its clients. It may not advise or approve a agreement 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 OFAVAILABLEFUNDSIN THEAMOUNT OF$
Certification of Funds Available as follows:
Fiscal year ending September 30, 2007
Fiscal year ending September 30, 2008 $
All future Years funding is contingent on future debt issuance
and renewal of this contract
Fiscal year ending September 30, 2009
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
Auditor's Office
$1,638,750
$546,250
$
------------------------------- - --
$2,185,000
Ynterlocal Agreement Transportation Bond 2006-2007 Page 5
ATTACHMENT A
Project Information
City: City of Southlake
Project Name: White Chapel — widening project from Highland to Emerald
Proposed Project Schedule
Start Date
Duration (mo)
End Date *
Design:
.tun-2008
12
Jun-2009
ROW Acquisition:
Oct-2008
6
Apr-2009
Utility Relocation:
Apr-2009
6
Oct-2009
Construction:
Oct-2009
12
Oct-2010
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 Pavment by Phase
Design:
$
ROW Acquisition:
$
Utility Relocation:
$
Construction:
$2,185,000
County Funding
Total:
$2,185,000
Proposed CountV Payment by Date SUBJECT TO CHANGE
1 st Quarter 2nd Quarter 3rd Quarter 4th Quarter
(10-1 to 12-31) (1-1 to 3-31) (4-1 to 6-31) (7-1 to ()-I I)
2007
2008
2009
2010
2011
2012
2013
2014
2015
10.0991
$
$
$
$
$
$546,250
$546,250
$546,250
$546,250
$
$
$
$
$
1 $
$
$
$ 1
$
$
Interlocal A reement Transportation Bond 2006-2007 Page 6