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