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Item 4CItem 4C CITY OF SOUTHLAKE MEMORANDUM (March 17, 2015) 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 Construction Phase Services for the FM 1938 Phase II Widening roadway project Action Requested: Approve Interlocal Agreement with the City of Keller for the Construction Phase Services for the FM 1938 Phase II Widening roadway project. Background Information: The FM 1938 Phase II Widening roadway project ("Project") is within the cities of Southlake and Keller. Both cities have been committed to proportionally share in the cost of this project and in the construction phase services as outlined in this Interlocal Agreement (ILA). On March 3, 2015, the Southlake City Council approved an agreement for engineering services with Transystems Corporation in the amount of $60,000 for the construction phase services. The ILA with the City of Keller for the project outlines the allocation of costs for the construction phase services. The proportionate share of the costs for the cities of Southlake and Keller are 78.7% and 21.3%, respectively. These percentages were derived from the amount of linear footage fronting FM 1938 as determined during the design and for the reimbursement terms from Keller to Southlake. Under this agreement, any amounts due from Keller shall be paid to Southlake within 30 days after Southlake presents Keller with an invoice for such amounts. The cost of the construction phase services for the project will be apportioned as follows: City of Southlake Share (78.7%) $47,200 City of Keller Share (21.3%)* $12,780* City of Keller Share Total $60,000 * Any amounts due from Keller under this Agreement will be paid by Keller to Southlake within thirty (30) days after Southlake presents Keller with an invoice for such amounts. I Item 4C Financial Considerations: This agreement is being funded from the FM 1938 Capital Improvement Program Fund. Strategic Link: The approval of this agreement links to the city's strategy map relative to the focus area of Infrastructure. The specific corporate objectives met by this item include: (1) Collaborating with select partners to implement service solutions; and, (2) investing to provide and maintain high quality public assets. 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: The City Attorney has reviewed the ILA with the City of Keller. Alternatives: The City Council may approve, amend or deny the Interlocal Agreement. Supporting Documents: Location Map Interlocal Agreement Staff Recommendation: Approve Interlocal Agreement with the City of Keller for the construction phase services for the FM 1938 Phase II Widening roadway 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 a cost -sharing agreement between the parties to facilitate and implement an Agreement for Engineering Services between Southlake and TranSystems Corporation ("Engineer") for the construction phase services for the FM 1938 Phase II Widening Roadway Project ("the Project"). RECITALS WHEREAS, Chapter 791, Texas Government Code authorizes Interlocal Contracts between governmental entities to perform services either could undertake individually; and also specifically authorizes a local government to enter into and make payments under an agreement with another local government for the design, development, financing, construction, maintenance, operation, extension, expansion, or improvement of a project or facility on the state highway system; WHEREAS, the Project is located partly in Southlake and partly in Keller; WHEREAS, Keller agrees to the terms and conditions outlined in the Agreement for Engineering Services with TranSystems Corporation, which is attached to and made part of this agreement, for the construction phase services of the Project; and WHEREAS, Southlake and Keller both wish to facilitate and implement the Agreement for Engineering Services, and agree to bear the expenses of the Project associated with construction in each respective City and their proportionate share of the expenses of the Project which cannot reasonably be allocated to a specific City, and to otherwise set forth their respective rights and responsibilities regarding the Project; and WHEREAS, Southlake and Keller's share for the project as provided in the Agreement for Engineering Services is $60,000, which represents the costs to be paid to the City of Southlake for Keller's proportionate share for the Construction Phase Services associated with the Project; TERMS OF AGREEMENT NOW, THEREFORE, the parties agree to the following: Southlake and Keller shall share in the cost for the Construction Phase Services in the amount of $60,000. The proportionate share for this amount will be divided between the parties as indicated in Exhibit A. 2. In the event there are additional construction phase services, amendments or expenses, the parties agree to share such costs proportionally as indicated in Exhibit A. Interlocal Agreement with City of Keller FM 1938Phase 2 Project — Construction Phase Services Page 1 of 5 3. Any amounts due from Keller under this Agreement will be paid by Keller to Southlake within thirty (30) days after Southlake presents Keller with an invoice for such amounts. 4. 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 — Construction Phase Services Page 2 of 5 AGREED this day of , 2015. 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 — Construction Phase Services Page 3 of 5 AGREED this day of , 2015. CITY OF KELLER ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney Mark Hafiier, Interim City Manager AFTER EXECUTION BY OWNER, PLEASE RETURN ONE SIGNED ORIGINAL OF THIS PAGE TO: CITY OF SOUTHLAKE C/o Public Works Department 1400 Main Street, Suite 320 Southlake, TX 76092 Phone: 817-748-8098 Fax: 817-748-807 Interlocal Agreement with City of Keller FM 1938Phase 2 Project — Construction Phase Services Page 4 of 5 EXHIBIT A FM 1938 PHASE II WIDENING ROADWAY PROJECT CSJ: 1978-01-050 CONSTRUCTION PHASE SERVICES Agreement for Engineering Services Agreement for Engineering Services Cost Share per City: $60,000 City of Southlake Share (78.7%)* $47,200 City of Keller (21.3%)* $12,780** * The percentages for apportioning the costs were derived from the percentage of roadway which fronts FM 1938 Phase II. ** Any amounts due from Keller under this Agreement will be paid by Keller to Southlake within thirty (30) days after Southlake presents Keller with an invoice for such amounts. Interlocal Agreement with City of Keller FM 1938Phase 2 Project — Construction Phase Services Page 5 of 5