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Item 4G MemoItem 4G CITY OF SOUTH LAKE MEMORANDUM (June 17, 2014) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Director of Public Works Subject: Approve Interlocal Agreement with the City of Keller for the FM 1938 Phase 2 Project Action Requested: Approve Interlocal Agreement with the City of Keller for the FM 1938 Phase 2 Project. Background Information: The FM 1938 Phase 2 ("Project") is within the cities of Southlake and Keller. The Texas Department of Transportation (TxDOT) requires a Local Project Advance Funding Agreement (LPAFA) with the Local Government for the construction of the Project. The project is Phase 2 of the widening improvements between the Randol Mill bend to the intersection of FM 1709 (Southlake Blvd.). The City of Keller will share in the cost of the construction through an Interlocal Agreement (ILA) between the two cities. The FM 1938 Phase 2 is being funded by various sources. The estimated budget for the Project is $31.9 million dollars. The Local government share is $2,260,290. The Local government will pay for the landscaping, irrigation and amenities constructed. The Local government funds will be paid for by the cities of Southlake and Keller. The Interlocal Agreement (ILA) with the City of Keller for the Project outlines the division of costs for the construction of the roadway project. The City of Southlake will share in 78.03% of the construction costs and execute the Local Project Advance Funding Agreement with TxDOT. The City of Keller's share is 21.97% which Southlake will invoice within 30 days of executing the LPAFA with TxDOT. The percentages were derived from the percentage of roadway which fronts FM 1938 Phase 2. The cost of this project will be apportioned as follows: City of Southlake Share (78.03%) $1,763,704.28 City of Keller Share (21.97%)* $496,585.71 City of Keller Share Total $2,260,290.00 * City of Keller shall provide a lump sum payment within 30 days of executing the LPAFA with TxDOT. t Item 4G Additional Funding Participation Keller shall be responsible for reimbursing Southlake for their portion of any construction overruns which occur within the Keller City Limits within 30 days of invoice date. Financial Considerations: This project is being funded from the FM 1938 Capital Improvement Program fund. Funding for the City of Keller's share will be provided to the City of Southlake within 30 days of execution of the LPAFA. Strategic Link: The approval of the ILA with the City of Keller links to the city's strategy map relative to the focus areas of Infrastructure by investing to provide and maintain high quality public assets and Mobility by providing travel convenience within the city and regions. The Critical Business Outcome of this approval is C1305: Optimize resources through collaboration and partnerships to reduce costs and add service value. Citizen Input/ Board Review: N/A Legal Review: City Attorney has reviewed the ILA with the City of Keller. Alternatives: The City Council may approve the Interlocal Agreement or deny it. Supporting Documents: Location Map Interlocal Agreement Staff Recommendation: Approve Interlocal Agreement with the City of Keller for the FM 1938 Phase 2 Project. Staff Contact: Robert H. Price, P.E., Public Works Director Cheryl Taylor, P.E., City Engineer Alejandra Ayala, P.E., Civil Engineer 2 INTERLOCAL AGREEMENT STATE OF TEXAS § COUNTY OF TARRANT § This Agreement is made by and between the City of Southlake, Texas ("Southlake") and the City of Keller ("Keller"), acting herein by and through their duly authorized city managers, for the purpose of documenting the terms and conditions of an agreement whereby Southlake will enter into an agreement with the Texas Department of Transportation by executing a Local Transportation Project Advance Funding Agreement (LPAFA) for the construction of FM 1938 to be known as the FM 1938 Phase 2 CSJ: 1978-01-050 ("Project") and the cities hereby agree to the local cost share for the construction of the Project as indicated in Exhibit A and outlined herein. WHEREAS, Chapter 791, Texas Government Code authorizes Interlocal Contracts between governmental entities to perform services either could undertake individually; and WHEREAS, Keller agrees to the terms and conditions outlined in the LPAFA, which is attached to and made part of this agreement, for the construction of the FM 1938 Phase 2 Project. NOW, THEREFORE, WITNESSETH The Local government share in the LPAFA for the project is in the amount of $2,260,290. This share of the costs is to be paid to the State for the construction of the landscape, irrigation and amenities. The share of the cost for the construction required from each city will be divided as indicated in Exhibit A. 2. Keller shall be responsible for all non-federal and non -state funding, including any project cost overruns which occur within the Keller City Limits as outlined in section 12.1) of the LPAFA. Keller shall reimburse Southlake within 30 days of invoice date. 3. Keller shall be responsible for their proportionate share in the event that the State determines that additional funds by the Local Government are required at any time during the Project; as outlined in section 12.F of the LPAFA. The share of the cost for the additional funds will be divided as indicated in Exhibit A and paid to Southlake within 30 days of Southlake remitting payment to the State. 4. Keller shall provide construction administration, as required, for the construction of the Project within the City of Keller City Limits. 5. Keller shall be responsible for their proportionate share, as outlined in Exhibit A, for any cost overruns associated with work stoppages. Interlocal Agreement with City of Keller FM 1938Phase 2 Project Page 1 of 5 6. Keller shall be responsible for their proportionate share, as outlined in Exhibit A, for any construction costs within the City of Keller City Limits. 7. This agreement may be executed in multiple originals and when executed all such counterparts shall constitute one document. Interlocal Agreement with City of Keller FM 1938Phase 2 Project Page 2 of 5 AGREED this day of , 2014. CITY OF SOUTHLAKE Lo John Terrell, Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney Interlocal Agreement with City of Keller FM 1938Phase 2 Project Page 3 of 5 AGREED this day of , 2014. CITY OF KELLER Steve Polasek, City Manager ATTEST: Sheila Stephens, City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney Interlocal Agreement with City of Keller FM 1938Phase 2 Project Page 4 of 5 EXHIBIT A FM 1938 PHASE 2 PROJECT PARTICIPATION CSJ: 1978-01-050 Local Transportation Project Advance Funding Agreement Payments by Local Government $2,260,290.00 Cost Share per City: City of Southlake Share (78.03%)* $1,763,704.28 City of Keller (21.97%)* $496,585.71 * * * The percentages for apportioning the costs were derived from the percentage of roadway which fronts FM 1938 Phase 2. ** Keller shall reimburse Southlake within 30 days after executing the LPAFA with the Texas Department of Transportation. Interlocal Agreement with City of Keller FM 1938Phase 2 Project Page 5 of 5