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.__= '