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Item 4HCITY OF SOUTHLAKI MEMORANDUM (May 21, 2013) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Director of Public Works Subject: Approve an Interlocal Agreement with Tarrant County for the construction of State Highway 114 Texas Turnaround at North Carroll Avenue and the provision of County funds for construction in the amount of $250,000 Action Requested: Approve an Interlocal Agreement with Tarrant County for the construction of State Highway 114 Texas Turnaround at North Carroll Avenue and the provision of County funds for construction in the amount of $250,000. Background Information: On October 2, 2012, the Southlake City Council approved a Memorandum of Understanding between Gateway Church, Cooper and Stebbins, Inc., Tarrant County and the City establishing a methodology for constructing a much needed Texas Turnaround on the east side of N. Carroll Avenue. 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 westbound 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 Interlocal Agreement (ILA) is an agreement between the City and the County required by the County for the expenditure of Tarrant County Bond Funds. The anticipated project cost is $2,000,000 with $900,000 of the construction cost being provided by state funds. Per the proposed Memorandum of Understanding 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. In addition, Southlake has committed $100,000 toward lighting and aesthetic improvements in this project. Furthermore, the City of Southlake is representing the consortium in the Local Project Advance Funding Agreement with TxDOT. Financial Considerations: The approval of this Interlocal Agreement (ILA) 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 county. An equal financial and/or in -kind services 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 $2,000,000. 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 plus aesthetics estimated not to exceed $100,000 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 funds committed by the County will be carried by the city during the construction and reimbursed by the County post construction. Strategic Link: The construction of a turnaround bridge located on the east side of N. Carroll Avenue provided for under this Interlocal Agreement 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 Citizen Input/ Board Review: Legal Review: Alternatives: Supporting Documents: Staff Recommendation Staff Contact: convenience throughout the city and region, select partners to implement service solutions, provide and maintain high quality public assets. N/A collaborating with and investing to This is the standard Tarrant County Interlocal Agreement required for county participation in a project. The City Council may approve or deny the agreement. Interlocal Agreement Location Map Approve an Interlocal Agreement with Tarrant County for the construction of State Highway 114 Texas Turnaround at North Carroll Avenue and the provision of County funds for construction in the amount of $250,000. Robert H. Price, P.E., Public Works Director Cheryl Taylor, P.E., City Engineer 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 and the governing body of the CITY find serves a public purpose and 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 will construct a turnaround bridge over State Highway 114 east of Carroll Avenue. 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 as -built total project costs including all construction cost, right of way acquisition, planning, engineering, surveying and governmental approval cost (collectively referred to as "Costs"�; Interlocal Agreement Transportation Bond 2006-2007 Page 1 B. Construction agreement administration, site review, permitting and inspection; C. Interagency cooperation; D. A monthly progress report documenting the percent complete for each major component of the project shall be provided to the COUNTY; E. CITY will notify the COUNTY on completion of the project. F. CITY will include the following language on all on -site public notice signage: ""This project is funded by the City of Southlake 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 CITY up to $250,000 of its Costs. Attachment A incorporated into this agreement by reference sets forth the funding schedule for this reimbursement. 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 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. CITY agrees that the COUNTY will have no right to control the manner or means of construction of the project. Interlocal Agreement Transportation Bond 2006-2007 Page 2 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 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. Interlocal Agreement Transportation Bond 2006-2007 Page 3 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. CITY: City Manager City of Southlake 1400 Main Street Southlake, Texas 76092 day of _ 20 , by Commissioners Court Order No. TARRANT COUNTY STATE OF TEXAS CITY County Judge Signature Interlocal Agreement Transportation Bond 2006-2007 Page 4 CER77FICA TION OF A VAILABLE FUNDS IN THE 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 $ Fiscal year ending September 30, 2012 $ Fiscal year ending September 30, 2013 $ AMOUNT OF All future years funding is contingent on future debt issuance and renewal of this contract Fiscal year ending September 30, 2014 $250,000 Fiscal year ending September 30, 2015 $ Fiscal year ending September 30, 2016 $ Auditor's Office APPROVED AS TO FORM; District Attorney's Office* $250,000 APPROVED AS TO FORMAND CONTENT; City Attorney *By law, the District Attorney's Office may only approve contracts for its clients. We reviewed this document from our client's legal perspective. Other parties may not rely on this approval. Instead, those parties should seek contract review from independent counsel. Interlocal Agreement Transportation Bond 2006-2007 Page 5 ATTACHMENT A Proiect Information City: City of Southlake Project Name: S.H. 114 Turnaround Bridge Proposed Proiect Schedule Start Date Duration (mo) End Date Design: - - - ROW Acquisition: - - - Utility Relocation: - - - Construction: Sept-2013 4 Jan-2014 * 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 Countv Pavment by Phase Design: $ ROW Acquisition: $ Utility Relocation: $ Construction: $250,000 County Funding Total: $250,000 Proposed County Payment by Calendar Quarter (SUBJECT TO CHANGE) 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter $250,000 $ $ $ Interlocal Agreement Transportation Bond 2006-2007 Page 6 Interlocal Agreement Transportation Bond 2006-2007 Page 7 LOCATION MAP :nCNT--'UAD) -- �_- �,{C\\.._ �� Y Yl� � SH U.Li+[5-F1']r�F. �F.Y^-�i �`•ki� ai Fl A�i��.+i' . j -)iwy� Fo.-.-SR_GH7-=•F' pa.__= '