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
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114
SOUTHLAKE
1709
KELLER
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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