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Item 4E MemoCITY OF SOUTH LAKE MEMORANDUM (February 18, 2014) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Director of Public Works Subject: Approve Interlocal Agreement with Tarrant County for the Brumlow Avenue Improvements and the provision of County funds for construction in the amount of $200,000 Action Requested: Approve Interlocal Agreement with Tarrant County for the Brumlow Avenue Improvements and the provision of County funds for construction in the amount of $200,000. Background Information: The Brumlow Avenue Improvements project includes the widening of approximately 1,400 linear feet of the existing roadway north of State Highway 26 (SH 26). The widening will provide a transition between the improved intersection at SH 26 and the existing conditions on Brumlow Avenue. This effort will include widening the existing street, and relocating City water meters and hydrants as well as various franchise utilities. This is a combined effort between the City of Southlake and Tarrant County to expedite the construction prior to the completion of the SH 26 improvements. The improvements on SH 26 at Pool Road in Grapevine will include dual left turn lanes from SH 26 onto Brumlow Avenue, as well as two (2) through lanes northbound on Pool Road into Southlake. These improvements will provide the necessary transition needed to accommodate the proposed traffic patterns into Southlake. The approval of this Interlocal Agreement (ILA) with the Tarrant County will define the costs and the terms of reimbursement associated with the combined effort of the two entities. Tarrant County will reimburse Southlake $200,000 once the funds have been expended. Financial Considerations: Tarrant County will be contributing $200,000 for the construction costs associated with this project. Strategic Link: The Brumlow Avenue Improvements links to the City's strategy map Critical business outcome C1305: Optimize resources through collaboration and partnerships to reduce costs and add service value. The focus areas are Infrastructure and Mobility by investing to provide and maintain high quality public assets. Citizen Input/ Board Review: N/A Legal Review: N/A Alternatives: The City Council may approve the Interlocal Agreement or deny it. Supporting Documents: Location Map Interlocal Agreement Staff Recommendation: Approve Interlocal Agreement with Tarrant County for the Brumlow Avenue Improvements and the provision of County funds for construction in the amount of $200,000 Staff Contact: Robert H. Price, P.E., Public Works Director Cheryl Taylor, P.E., Deputy Director of Public Works/City Engineer Alejandra Ayala, P.E., 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 widen Brumlow Avenue with the addition of two lanes from State Highway 26 westward for approximately 1,200 feet. 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 $200,000 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: 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 Commissioner — Precinct 3 Interlocal Agreement Transportation Bond 2006-2007 Page 4 CER77FICA TION OF A VAILABLE FUNDS IN THE AMOUNT OF 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 $200,000 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 $ --------------------------------- $200,000** Auditor's Office ** Funding provided by Precinct 3 discretionary bond funds APPROVED AS TO FORM; District Attorney's Office* 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: Brumlow Avenue Reconstruction Proposed Proiect Schedule Start Date Duration (mo) End Date Design: - - - ROW Acquisition: - - - Utility Relocation: - - - Construction: Apr-2014 3 Jul-2014 COUNTY plans to issue debt for all phases of this project, therefore payment remains contingent on debt issuance in accordance with applicable law. Proposed Countv Pavment by Phase Design: $ ROW Acquisition: $ Utility Relocation: $ Construction: $200,000 County Funding Total: $200,000 Proposed County Payment by Calendar Quarter (SUBJECT TO CHANGE) 1st Ouarter 2nd Ouarter 3rd Ouarter 4th Ouarter 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 $ $200,000 $ $ Interlocal Agreement Transportation Bond 2006-2007 Page 6