Item 4EItem 4E
CITY OF
SOUTHLAKE
MEMORANDUM
(October 15, 2013)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Director of Public Works
Subject: Approve interlocal agreement with Tarrant County for
participation in construction of the Watermere Drive at FM1709
traffic signal
Action
Requested: Approve interlocal agreement with Tarrant County for participation
in construction of the Watermere Drive at FM1709 traffic signal
Background
Information: The approval of this Interlocal Agreement (ILA) with Tarrant County
for the construction of the traffic signal at the intersection of
Watermere Drive and FM1709 will define the costs and the terms of
reimbursement associated with the combined effort of the two
entities. Tarrant County agrees to make payment to the City of
Southlake in the 2nd quarter of fiscal year 2014 in an amount not to
exceed $75,000.
Several residents of the Watermere development have raised
concerns over the safety of the intersection at Watermere Drive and
FM 1709. Several projects in the area that have recently been
constructed or are under construction will add to the traffic in the
area. The Verandas at Southlake residential development will
complete the connection of Watermere Drive to Union Church Road
in the next several months.
The City commissioned the services of a traffic engineer to perform
a signal warrant study. The study is based on build out of the full
64 acre Watermere development. The study was presented to
TxDOT for review several times and TxDOT has recently
determined that a traffic signal meets the required warrants.
The anticipated construction cost is $202,996 with approximately
$7,993 of the construction cost being provided by state funds. The
city of Southlake is responsible for the anticipated cost of $195,003
with Tarrant County agreeing to reimburse the City of Southlake up
to $75,000 of the actual cost. The installation of the signal is
anticipated to be complete by the end of the year.
A local project advanced funding agreement with TxDOT was
approved by City Council at the September 3, 2013 meeting.
Financial
Considerations: Funds are available from funds authorized in the adopted FY 2013
Capital Improvement Project (CIP) budget for the Traffic Signal at
Watermere. 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.
County funds are available through the 2006 Tarrant County Bond
Program.
Strategic Link: The construction of a traffic signal located at Watermere and FM
1709 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 convenience
throughout the city and region, collaborating with select partners to
implement service solutions, and investing to provide and maintain
high quality public assets. The critical business outcomes are
continue to implement Southlake 2030 Plan by focusing on short-
term initiatives, improve mobility by proactively completing traffic
analysis of key areas and to optimize resources through
collaboration and partnerships to reduce costs and add service
value.
Citizen Input/
Board Review: N/A
Legal Review: This Interlocal Agreement is a standard Tarrant County agreement
that is required to be approved for this project to proceed to the
next phase.
Alternatives: The City Council may approve or deny the agreement.
Supporting
Documents: Interlocal Agreement (ILA)
Warrant Study Approval letter dated August 17, 2013.
Location Map
Staff
Recommendation: Approve interlocal agreement with Tarrant County for participation
in construction of the Watermere Drive at FM1709 traffic signal
Staff Contact: Robert H. Price, P.E., Public Works Director
Cheryl Taylor, P.E., Deputy Director of Public Works/City Engineer
Steven D. Anderson, P.E., CFM, Civil 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 install a traffic signal at the intersection of Watermere Drive at Farm -to -
Market Road 1709.
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 $75,000 of its Costs for eligible
expenses. 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: CITY:
County Administrator City Manager
Tarrant County City of Southlake
100 E Weatherford St 1400 Main Street
Fort Worth, Texas 76196 Southlake, Texas 76092
APPROVED on this day the day of _ 20 , by
Tarrant County.
Commissioners Court Order No.
TARRANT COUNTY
STATE OF TEXAS CITY
County Judge Signature
Commissioner, Precinct 3
Interlocal Agreement Transportation Bond 2006-2007 Page 4
CER77FICA TION OF A VAILABLE FUNDS IN THE AMOUNT
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
$
Fiscal year ending
September 30, 2014
$75,000
All future years funding is contingent on future debt issuance
and renewal of this contract
Fiscal year ending September 30, 2015
Fiscal year ending September 30, 2016
Auditor's Office
APPROVED AS TO FORM;
District Attorney's Office*
OF
---------------------------------
$75,000
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: Watermere at F.M. 1709
Proposed Proiect Schedule
Start Date Duration (mo) End Date
Design: - - -
ROW Acquisition: - - -
Utility Relocation: - - -
Construction: Dec-2013 4 Apr-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:
$75,000
County Funding
Total:
$75,000
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
$
$75,000
$
$
Interlocal Agreement Transportation Bond 2006-2007 Page 6
Interlocal Agreement Transportation Bond 2006-2007 Page 7
Texas Department of Transportation
2501 SOUTHWEST LOOP 820 • FORT WORTH, TEXAS 76133 • (817) 370-6500
July 15, 2013
CONTACT: Traffic Engineering
Subject: Traffic Signal for FM 1709 at Watermere Drive - Jellico Circle West
Mr. Robert Price, P.E.
Director of Public Works
City of Southlake
1400 Main Street, Suite 320
Southlake, Texas 76092
Dear Mr. Price:
I would like to thank you and Ms. Taylor for meeting with us to discuss the proposed FM 1709
at Watermere Drive/Jellico Circle West traffic signal project in the City of Southlake. This type
of meeting is very beneficial toward facilitating an earlier construction date by resolving
questions and averting potential problems.
We agree with the traffic signal warrant analysis that traffic volumes at this intersection will
meet Warrants #1, 2, and 3. This is based on traffic generated due to the medical offices,
retirement community on Watermere Drive, and the Watermere Drive connection to Union
Church Road, in addition to the existing traffic.
Below, is a summary of items that were discussed at the meeting regarding this traffic signal
installation project.
1. There will be an Advance Funding Agreement between the City of Southlake and
TxDOT for the City to fund the installation of the proposed traffic signal.
2. The City will send to us an estimate for the construction cost of the proposed signal
installation. The estimate is necessary to process the Traffic Signal Authorization and the
Advance Funding Agreement (AFA).
3. The use of the Non -site Specific Signal Construction Contract will expedite the process
and the schedule of signal construction.
4. The City is requested to provide a timeline for the execution of the Advance Funding
Agreement, and for the submittals of the signal project plans for TxDOT review at the
60%, 90% and 100% points of design completion.
THE TEXAS PLAN
REDUCE CONGESTION • ENHANCE SAFETY • EXPAND ECONOMIC OPPORTUNITY • IMPROVE AIR QUALITY
INCREASE THE VALUE OF OUR TRANSPORTATION ASSETS
An Equal Opportunity Employer
5. The signal design consultants were given a list detailing what information should be
included in the "60%, 90%, and 100% complete" plan submittals.
6. As soon as we receive plans for review, TxDOT personnel will begin the review process
to help expedite delivery of the project.
If you should have any questions or wish to discuss this matter further, please contact me at
(817) 370-6615.
Sincerely,
Theresa Lopez, P.E.
Director of Transportation Operations
Fort Worth District
11,1101,11
cc: Mohammad Al Hweil, P.E., Fort Worth District Assistant Dir. of Transportation Operations
Ricardo Gonzalez, P.E., North Tarrant County Area Engineer
Cheryl Taylor, P.E., Southlake Deputy Director of Public Works/ City Engineer