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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