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Item 4CCITY OF SOUTH LAKE MEMORANDUM (December 7, 2010) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Public Works Director Subject: Approve an Interlocal Agreement for engineering design of the FM1938 Phase II Roadway Improvement Project with Tarrant County Action Requested: Approve an Interlocal Agreement for engineering design of the FM1938 Phase II Roadway Improvement Project with Tarrant County Background Information: FM1938 is a TxDOT roadway which is planned from SH114 to FM1709. The project has been separated into 2 phases. Phase I, from SH114 to the Randol Mill Bend, is located primarily in the Town of Westlake. Phase I is currently under construction. Phase II of the project, from the Randol Mill Bend to the intersection of FM1709 (Southlake Blvd.) is within the cities of Southlake and Keller. The City of Southlake awarded a professional services agreement with TranSystems, Inc. on May 4, 2010 for design services in the amount of $1,498,107.13. Tarrant County and Keller concurred in this award. The interlocal agreement with Tarrant County outlines the payment schedule to the City of Southlake by Tarrant County for the discretionary funds for the engineering design of the roadway project. Tarrant County will participate in the cost with the cities of Southlake and Keller in the amount of $451,449. The remainder of the engineering cost will be divided equitably between the cities of Southlake and Keller. There will be a separate interlocal agreement with the City of Keller. Financial Considerations: Tarrant County will participate in the engineering design of the FM1938 roadway project in the amount of $451,449. Payments will be made to Southlake as outlined in the agreement. Strategic Link: The FM1938 Phase II roadway project links to the City's strategy map relative to the focus areas of Mobility, Infrastructure, ,Partnerships and Volunteerism, Performance Management and Service Delivery. The specific corporate objectives that are met by this agreement include: Providing travel convenience within City and region, Collaborating with select partners to implement service solutions, Investing to provide and maintain high quality public assets and providing high quality public service. Citizen Input/ Board Review: None Legal Review: None Alternatives: The City Council may approve or deny this agreement. Supporting Documents: Location Map Interlocal Agreement Staff Recommendation: Approve an Interlocal Agreement for engineering design of the FM1938 Phase II Roadway Improvement Project with Tarrant County Staff Contact: Robert H. Price, P.E., Public Works Director Gordon Mayer, P.E., Deputy Director of Public Works Cheryl Taylor, P.E., Civil Engineer Location Map - FM1938 Project 170 377 WESTLAKE 114 SOUTHLAKE 1709 KELLER 1 1 7D9 I 7 6 37( 19�3V QQ GRAPEVINE 4JL r "t 103 121 26 121 1 RI SOUTHLAKE STATE OF TEXAS § § Interlocal Agreement COUNTY OF TARRANT § This agreement is entered into between Tarrant County, Texas, hereinafter referred to as COUNTY, and the City of Southlake, hereinafter referred to as CITY, and collectively referred to as the parties, for the purpose of funding an Engineering Design related to Phase 2 of the Farm to Market Road 1938 improvement project located 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 includes the provision of an Engineering Design associated with Phase 2 of the Farm to Market Road 1938 improvement project. Phase 2 is defined as extending southward from Randol Mill Road to the intersection with F.M. 1709 generally along Randol Mill Road in Southlake, Texas and is located in both Southlake and Keller. 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 Engineering Design costs; C. Consultant agreement administration; D. Interagency cooperation; E. CITY will notify the COUNTY on completion of the project. 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 up to $451,449 of the CITY's actual costs related to the Engineering Design of Phase 2 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. CITY understands that COUNTY has previously paid the Town of Westlake $48,551 for related Phase 2 work. 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 party or any of their respective employees, if applicable, to any benefit, privilege or other amenities of employment by the other party. Interlocal Agreement Transportation Bond 2006 -2007 Page 2 CITY agrees that the COUNTY will have no right to control the manner or means of the implementation of the project. VI. ASSIGNMENT Neither parry 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 parry 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. XI. Interlocal Agreement Transportation Bond 2006 -2007 Page 3 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 TARRANT COUNTY STATE OF TEXAS Commissioner, Precinct 3 CITY: City Manager City of Southlake 1400 Main Street, Suite 460 Southlake, Texas 76092 day of Commissioners Court Order No. CITY OF SOUTHLAKE Signature 20 , by Interlocal Agreement Transportation Bond 2006 -2007 Page 4 CERTIFICA TION OF A VAILABLE FUNDS IN THE AMOUNT 0 Certification of Funds Available as follows: Fiscal year ending September 30, 2007 $ Fiscal year ending September 30, 2008 $ Fiscal year ending September 30, 2009 $ Fiscal year ending September 30, 2010 $ Fiscal year ending September 30, 2011 $451,449 All future years funding is contingent on future debt issuance and renewal of this contract 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 OF $ --------------------------- - - - - -- $451,449 Auditor's Office 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). Interlocal Agreement Transportation Bond 2006 -2007 Page 5 ATTACHMENT A Proiect Information City Project Name Proposed Project Schedule Design: ROW Acquisition: Utility Relocation: Construction: City of Southlake Engineering Design of Phase 2 for FM 1938 Start Date Duration (mo) End Date May -2010 16 Sep -2011 x 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. Proposed Countv Pavment by Phase Design: $451,449 ROW Acquisition: $ Utility Relocation: $ Construction: $ County Funding Total: $451,449 Proposed County 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 Interlocal Agreement Transportation Bond 2006 -2007 Page 6 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $225,724 $225,725 $ $ $ Interlocal Agreement Transportation Bond 2006 -2007 Page 6