Item 4LCITY OF
SOUTHLAKE
MEMORANDUM
(October 2, 2012)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Director of Public Works
Subject: Approve a Memorandum of Understanding (MOU) for the
planning, design, and construction of a turnaround bridge
(East Side Only) at SH 114 and Carroll Avenue between
Gateway Church, Cooper and Stebbins, Tarrant County, and
the City of Southlake each committing $250,000 toward the
project
Action
Requested: Approve a Memorandum of Understanding (MOU) for the planning,
design, and construction of a turnaround bridge (East Side Only) at
SH 114 and Carroll Avenue between Gateway Church, Cooper and
Stebbins, Tarrant County, and the City of Southlake each
committing $250,000 toward the project.
Background
Information: The DFW Connector project originally anticipated the inclusion of a
direct ramp connection between SH 114 and FM 1709, otherwise
known as Southlake Blvd. Due to cost constraints, the
aforementioned ramp was deleted from the project. This ramp was
projected to provide primary access to much of Southlake's retail
district. While access to the retail district of Southlake, adjacent to
SH 114 is still possible through exits provided on eastbound SH
114, it is now projected that a larger amount of traffic accessing the
retail district located between Kimball Avenue and Carroll Avenue,
including the Town Square development will utilize the Carroll
Avenue interchange. The additional projected traffic will place
additional stress on the capacity provided in the Carroll Avenue /SH
114 intersection.
A "grade separated" Texas Turnaround located on the east side of
the Carroll Avenue /SH 114 intersection bridge has been identified
as a solution to addressing the additional traffic volume. Gateway
Church, Cooper and Stebbins, Inc. (the developer of Southlake
Town Square), Tarrant County, the City of Southlake and TxDOT
have come to an understanding that this project is of a significant
importance to both the adjacent major property owners, the City,
the County and the State. This Memorandum of Understanding
(MOU) is an agreement between the four of the five parties,
excluding TxDOT. Once the MOU is executed, a subsequent Local
Project Advance Funding Agreement (LPAFA) between the City of
Southlake and TxDOT will be submitted for the City Council's
consideration.
The anticipated project cost is $1,800,000 with $900,000 of the
construction cost being provided by state funds. Per the proposed
MOU between the City and the other three parties, the city of
Southlake as well as the other three parties are responsible for the
anticipated cost of $250,000 each.
The Memorandum of Understanding further states that any Project
enhancements are subject to the review and approval of TxDOT
and the requesting party shall be solely responsible for any
additional costs. As the design of the turnaround gets underway,
staff proposes to present to the City Council in a future work
session the relevant portions of the city's adopted Urban Design
Study to determine what project enhancements will be incorporated
into this project.
Financial
Considerations: The approval of this Memorandum of Understanding (MOU)
establishes a commitment of $250,000 toward the planning, design
and construction of the SH114 turnaround located on the east side
of the Carroll Avenue interchange for the city. An equal financial
commitment is made by the remaining three parties to the
agreement. It is also anticipated that state funds in the amount of
$900,000 will be made available for the construction of the project.
The cost of the project is estimated at $1,800,000.
The City Council authorized $100,000 for the SH114 Texas
Turnaround project in the FY 2012 Capital Improvement Project
budget. Additional funds to meet the city's commitment of
$250,000 toward this project are available from funds authorized in
the adopted FY 2013 Capital Improvement Project (CIP) budget for
the Traffic Signal at Watermere and FM 1709 Improvement Project.
Council adopted the proposed FY 2013 CIP budget with an
amendment to utilize Red Light Camera funds for the construction
of the proposed signal in lieu of General Fund dollars as originally
proposed by staff. In addition, the proposed Five -Year CIP plan
included in this year's Annual budget also included $250,000 of
planned expenses in 2015. It is anticipated that the funds will be
needed before the 2015 CIP funds will be available.
Strategic Link: The construction of a turnaround bridge located on the east side of
Carroll Avenue provided for under this Memorandum of
Understanding links to the City's strategy map relative to the focus
areas of Mobility, Infrastructure, and Partnerships. The specific
corporate objectives that are met by this construction project
include: providing travel convenience throughout the city and
region, collaborating with select partners to implement service
solutions, and investing to provide and maintain high quality public
assets.
Citizen Input/
Board Review: N/A
Legal Review: This Memorandum has been reviewed by the City Attorney.
Alternatives: The City Council may approve or deny the agreement.
Supporting
Documents: Memorandum of Understanding
Location Map
Staff
Recommendation: Approve a Memorandum of Understanding (MOU) for the planning,
design, and construction of a turnaround bridge (East Side Only) at
SH 114 and Carroll Blvd. between Gateway Church, Cooper and
Stebbins, Tarrant County, and the City of Southlake each
committing $250,000 toward the 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
Memorandum of Understanding
Between Gateway Church, Cooper and Stebbins, Tarrant County, and
the City of Southlake, Texas
This Memorandum of Understanding (the "MOU ") is hereby entered into by Gateway
Church, Cooper and Stebbins, Tarrant County, and the City of Southlake regarding the planning,
design, and construction of a turnaround bridge (East Side Only) at SH 114 and Carroll Blvd. in
Southlake, Texas (hereinafter referred to as the "Project "). (the entities party hereto may
hereinafter together be referred to as the "Parties ".)
RECITALS:
WHEREAS, the Project is shown and described in the attached Exhibit "A ", which
exhibit is incorporated herein by reference; and
WHEREAS, parties agree that the Project would benefit the citizens of Southlake and
Tarrant County, by relieving traffic congestion, providing transportation opportunities, and
furthering efforts to attain federal air quality standards; and
WHEREAS, the initial cost estimate for the design, engineering, and construction of the
Project is $1.8mm, which includes a fifteen percent (15 %) contingency as described in the
attached Exhibit `B ", which exhibit is incorporated herein by reference; and
WHEREAS, an application for Project funding has been made to the North Central
Texas Council of Governments; and
WHEREAS, the parties have agreed to share the remaining costs of the Project jointly as
provided for herein; and
WHEREAS, Gateway Church has agreed to provide initial funding of the engineering
design for the Project utilizing Kimley -Horn and Associates for such services as part of Gateway
Church's cost participation; and
WHEREAS, this Agreement is subject to the execution of an agreement between the
City of Southlake and Tarrant County and a Local Transportation Project Advance Funding
Agreement ( "LPAFA ") with the Texas Department of Transportation ( "TxDOT ");
NOW, THEREFORE, in consideration of the premises and the mutual covenants and
agreements of the Parties, it is agreed as follows:
SECTION 1
REAFFIRMATION OF THE PREMISES
The above - stated premises are agreed to be true and correct and are incorporated into the
body of this MOU by reference as if copied in their entirety.
SECTION 2.
AUTHORITY FOR AGREEMENT
The Parties represent and confirm that the signatories to this Agreement have been duly
authorized to fully bind the respective party to the Agreement, except as otherwise provided for
herein.
SECTION 3.
PROJECT FUNDING
The Parties agree to share the total Project costs, including design, engineering,
geotechnical work, and construction on an equal basis. The Parties recognize that the City of
Southlake and /or TxDOT, whichever actually lets the construction contract, reserve the unilateral
right to not let any contract for any portion of the Project unless and until each party's share of
the costs has been fully paid and tendered as provided herein. TxDOT has proposed matching
funding for the Project in the amount of $900,000. TxDOT has further agreed to waive its
standard design review, inspection, and project management fees. The individual contributions of
the parties hereto will be $250,000 each. The City of Southlake shall serve as the repository for
Project funds, and each of the Parties shall be entitled to a regular accounting of all Project
funds. Upon completion of the Project, remaining Project funds will be distributed to each of the
Parties in amounts proportionate to their contributions.
SECTION 4.
PROJECT DESIGN AND PLANS
All design work for the Project will be done by Kimley -Horn and Associates. Gateway
Church will directly fund the costs for Kimley -Horn and Associates as part of its Project cost
contribution, and provide the City of Southlake with evidence of the amounts paid. The Project
will be designed in accordance with TxDOT's standards and specifications. Upon completion,
the Project plans will be distributed to each of the Parties for consideration and review. Each of
the Parties shall approve or disapprove the plans within ten (10) business days of receipt of the
plans, which approval may not be unreasonably withheld. If any party requests any additional
Project enhancements above and beyond TxDOT's standards and specifications, such
enhancements are subject to the review and approval of TxDOT and the requesting party shall be
solely responsible for any additional costs.
SECTION 5.
CONSTRUCTION
The Project shall be constructed by TxDOT in accordance with a LPAFA between the
City of Southlake and TxDOT. Should the total Project costs exceed the estimate of $1.8 million,
in accordance with the LPAFA, then such additional costs will be shared by the parties in equal
amounts. The City of Southlake shall provide advance notice to the parties to this MOU as to the
additional cost and reason for additional expense. The parties to this MOU shall provide
authorization in writing and within 10 days of notification. The City may require notification by
the parties before any change order to the LPAFA is approved.
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SECTION 6.
1VIISCELLANEOUS
A. Each of the Parties shall be responsible for providing adequate funds to cover their
committed participation at such a time as the funds are needed for the construction of the
project by TxDOT. In the event the study overlaps funding years, the respective funding
shares will be spread over the overlapping funding years.
B. The Parties, or their representatives will meet periodically as mutually agreed to
coordinate the implementation of the Project
C. It is expressly understood and agreed by the parties to this MOU that if the
performance of any provision is delayed by reason of war, civil commotion, act of
God, governmental restrictions, regulations or interferences, fire or other casualty,
court injunction, or any circumstances which are reasonably beyond the control of the
party obligated or permitted under the terms of this MOU to do or perform the same,
regardless of whether any such circumstance is similar to any of those enumerated
herein, the party so obligated or permitted shall be excused from doing or performing
the same during such period of delay, so that the period of time applicable to such
requirement shall be extended for a period of time equal to the period of time such
party was delayed.
D. It is specifically understood and agreed that the relationship described in this MOU is
contractual in nature and is not to be construed to create a partnership or joint venture
or agency relationship between the parties. Nor shall either party be liable for any
debts or liabilities incurred by the other party for operations or activities not
contemplated by this MOU.
E. This MOU may be executed in multiple counterparts. Each such counterpart shall be
deemed an original of this MOU, so that in making proof of this MOU, it shall only
be necessary to produce or account for one such counterpart.
F. Any captions, headings, and arrangements used in this MOU are for convenience only
and shall not in any way affect, limit, amplify, or modify its terms and provision.
G. This MOU and all agreements entered into in connection with the transactions
contemplated by this MOU are, and will be, executed and delivered, and are intended
to be performed in the County of Tarrant, State of Texas, and the laws of Texas shall
govern the validity, construction, enforcement, and interpretation of this MOU. In the
event of litigation between the parties hereto, their successors or assigns, with regard
to this MOU and any subsequent supplementary agreements or amendments, venue
shall lie exclusively in Tarrant County, Texas.
H. In the event any one or more of the provisions contained in this MOU shall for any
reason be held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provision(s) hereof, and this
MOU shall be revised so as to cure such invalid, illegal or unenforceable provision(s)
to carry out as near as possible the original intent of the parties.
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L If future federal, state or local statute, ordinance, regulation, rule or action render this
MOU or in part, illegal, invalid, unenforceable or impractical, the parties agree to
delete and /or to modify such portions of the MOU as are necessary to render it valid,
enforceable and /or practical. Each section, paragraph or provision of this MOU shall
be considered severable, and if for any reason any section, paragraph, or provision
herein is determined to be invalid under current or future law, regulation or rule, such
invalidity shall not impair the operation of or otherwise affect the valid portions of
this instrument. In the event that a future federal, state or local statute, ordinance,
regulation, rule or action renders this MOU in whole illegal, invalid, unenforceable or
impractical and either one or both of the parties to this MOU agree that it is
impossible or impracticable to continue to the purpose of this MOU, then, this MOU,
if not already terminated by operation of law, may be terminated by either party.
J. If any party initiates an action to enforce any provision of this MOU or for damages
by reason of an alleged breach of any provision hereof, the prevailing party shall be
entitled to receive from the other parties all reasonable and necessary costs and
expenses, including reasonable attorneys' fees and costs incurred in connection with
such action.
K. All of the terms, conditions, warranties and representations contained in this MOU
shall survive, in accordance with their terms, and shall survive the execution hereof.
L. It is expressly understood and agreed that, in the execution of this MOU, neither of
the parties waives, nor shall be deemed hereby to waive, any immunity, defense, or
liability limitation protection that would otherwise be available to it against claims
arising in the exercise of governmental powers and functions. By entering into this
MOU the parties do not intend to create any obligations, expressed or implied, other
than those set forth herein and this agreement shall not create any rights in parties not
signatories hereto.
M. Whenever this MOU requires or permits any consent, approval, notice, request,
proposal, or demand from one party to another, the content, approval, notice, request,
proposal, or demand must be in writing to be effective and shall be delivered to the
party intended to receive it at the address(es) shown below:
If to Gateway Church:
If to Tarrant County:
If to Cooper and Stebbins:
If to the City of Southlake: City of Southlake
Director of Public Works
1400 Main St., Ste 320
Southlake, Tx 76092
N. The parties deem the execution date of this MOU to be the date on which the last of
the parties hereto execute this document.
me
CITY OF SOUTHLAKE
Date: 1 2012
APPROVED AS TO FORM:
TARRANT COUNTY
Date: , 2012
APPROVED AS TO FORM:
By: By:
City Attorney
City of Southlake
GATEWAY CHURCH
By: By:
Date: 1 2012
CORPORATE ACKNOWLEDGMENT:
The State of Texas
County of
COOPER AND STEBBINS
Date: , 2012
Before me, the undersigned, on this day personally appeared
of Gateway Church proved to me through the
presentation of a valid Texas Driver =s License to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he /she executed the same for the purposes
and consideration therein expressed. Mr./Ms_ furthermore attested that he /she is
signing this in his/her capacity as of
Gateway Church and that such capacity makes his signature valid to bind Gateway Church
Seal:
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of , 2012.
My Commission Expires:
-5-
Notary Public in and for the State of Texas
CORPORATE ACKNOWLEDGMENT:
The State of Texas
County of
Before me, the undersigned, on this day personally appeared
of Cooper and Stebbins proved to me through
the presentation of a valid Texas Driver =s License to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that he /she executed the same for the purposes
and consideration therein expressed. Mr./Ms_ furthermore attested that he /she is
signing this in his/her capacity as of
Cooper and Stebbins and that such capacity makes his signature valid to bind the company,
Cooper and Stebbins
Seal:
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of , 2012.
My Commission Expires:
Notary Public in and for the State of Texas
0I
EXHIBIT
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ID OtTi mnr 't! f Fh}i
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Basis of Estimate:
Location for the bridge was chosen to avoid a large utility line, this would have
increased the cost of the project. Also the choice of the new location gives us an
approximately 25% shorter bridge with spans perpendicular to SH 114 versus skew.
We checked the vertical clearance between the proposed turnaround bridge and
existing SH 114. NB & SB worst -case scenarios using the same structure depth as
existing bridge and we got approximately 18.2 feet on vertical clearances.
EXHIBIT B
CSJ #
District #
Code Chart 64 #
Project: SH 114 At N. Carroll Ave.
Attachment A
Payment Provision and Work Responsibilities
PART
RIGHT OF WAY AND ELIGIBLE UTILITIES
f II
FNVIRONNIFNTAL D ENGINEERING
> nvironmental by Local Gav'k
Total
Federal
State
Local
$0
Estimate
Participation
Participation
Participation
��
Cost
$b'
100% $211,475
SUBTOTAL
Description
$0
Funding
Actual
Funding
Actual
Funding
Eskimated
_ -Q
$D 0 °la
Share
Participation
51kar
Participation
Share
%
Cast
Right of Way by Local Government
$0
0 %0
$0z
E 00 /4
$0
100%
$0
Utilities by Local Government
$0
0%
0%
$0
100 %
$0
SUBTOTAL
$0
$0
"A«
$0
$0
f II
FNVIRONNIFNTAL D ENGINEERING
> nvironmental by Local Gav'k
$0
0%
0
$0
$0
100% $0
Engineering by Local Government
$211,475
kD /O
m
��
0 %
$b'
100% $211,475
SUBTOTAL
$211,475
$0
$0
` _
$0
$211,475
.� �;o, ('OITRLJC�TIAtiI
Construction by State _
_ $f 3b3185
0%
_ $ Q l°
$0
100%
$1,393,856
Mobilization
rs
-m9
0%
' $0 Oda
$0
100%
$128,204
(Est. @ lob /. of Construction)
x $125,204;
$0
0 %0
$0
100%
$0
Traffic Control ,
6
_ -Q
$D 0 °la
$0
100%
$46,000
(Est. 12 months)
IA
$0
$0
$0
suaTtAL
Y
$a
$0
$1,5 s 5 ,oso
_
NAK I IV
Dll EfE .T STATF COSTS
Engineering Plan Review
(Est. @ I% of Construction)
rs
-m9
Engineering & Contingency (Insp. &
WAI1/ = 0%
$0
0 %0
$0
100%
$0
oversight) (Est @ 12% or const.)
y Y
IA
$0
$0
$0
SUBTOTAL
VAK I V
TOTAL PROJECT COST
TOTAL $1,792,186 $0 $ $$ 1,776,535
Initial payment for Right of Way = $00
Total Local Government Estimated Project Cost = $1,776,535
Total Estimated Amount Required from the Local Government to the State = $1,565,060
Direct State Cast will be based on actual charges
This is an estimate only; final Local Govemment costs will be based on actual charges to the Project
AFA— LPAFA_VolProl Page 1 of 1 Revised 08/13/12
LOCATION MAP
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