Item 9A
Item 9A
M E M O R A N D U M
(May 5, 2015)
To:Shana Yelverton, City Manager
From:Robert H. Price, P.E., DirectorofPublic Works
Subject:Approve Amendment No.1 toState Highway 114 Texas
Turnaround Memorandum of Understandingfor the design and
constructionof a south side acceleration laneto be funded by
Gateway Church,Tarrant County, and theCity of Southlake
Action
Requested:
Approve Amendment No. 1 to State Highway 114 Texas
Turnaround Memorandum of Understanding for the design and
construction of a south side acceleration lane to be funded by
Gateway Church, Tarrant County, and the City of Southlake.
Background
Information:
Amendment No. 1 to theMemorandum of Understanding (MOU)
approved in October, 2012 allows for the design and construction
of the addition of a dedicated accelerationlane for the recently
constructed S.H. 114 Texas Turnaround at N. Carroll Avenue. This
MOU amendment commits three (3) partners: Gateway Church,
Tarrant County and the City of Southlake to this project.
ATexas Turnaround located on the east side of the Carroll
Avenue/SH 114 intersection bridge was constructed as a Public-
Private Partnership in 2014as a solution to addressing the
additional traffic volumein the Carrol Avenue intersections with the
SH114 frontage roads. Gateway Church, Cooper and Stebbins,
Inc. (the developer of Southlake Town Square), Tarrant County, the
City of Southlake and TxDOT came to an understanding that this
project was of a significant importance to both the adjacent major
property owners, the City, the County and the State. A
Memorandum of Understanding (MOU)was approved by the City
Council in October, 2012 establishingan agreement between the
four of the five parties, excluding TxDOT.
The project wasconstructed for approximately $2,000,000.Per the
approvedMOU between the City and the other three parties, the
City of Southlake as well as the other three parties werejointly
responsible for approximately $250,000 eachwith the city providing
additional funding for illumination onthe bridge and other aesthetic
improvements.
The Texas Turnaround bridge sees very heavy use at varying times
throughout the week. Also, because of the unique geometry of the
turnaround bridge in relation to the Carroll Ave. bridgeand the
acuteangle created by the alignment of N. Carroll Avenue
intersecting with the SH114 east bound frontage road, motorists
are often confused as to who has the right of wayas they exit the
bridge.Immediately following the release of many of the events at
Gateway Church, vehicles utilizing the new Texas Turnaround in
order to avert the N. Carroll Avenue intersections create a backup
on the turnaround bridge as a result of a need to yield to eastbound
SH 114 frontage road traffic as well as vehicles originatingfrom
north and southbound Carroll Avenue.
A solution to this stacking and congestion problem has been
recommended by the design engineering firm of Kimley-Horn and
Associates (KHA). KHA has suggested that a dedicated egress
lane from the Texas Turnaround will allow traffic to more smoothly
flow onto the SH114 entrance ramp resulting primarily from
Gateway church dismissal peak volumes. It is expected that this
improvement will increase the efficiency of the Texas Turnaround
by reducing the stacking issue on the bridge; thus relieving much of
the traffic congestion at this location.
This amendment to the original MOU is also based upon the
expectation that funding in the amount of $100,000 will be
committed to the project by TxDOT. This amendment to theoriginal
MOU also establishes the three (3) partner's financial commitments
in the following amounts:
$125,000 plus additional funds for a consultant fee for
Hodge and Associates by Gateway Church,
$100,000 by Tarrant County;and,
$75,000 by the City of Southlake.
The TxDOT contract is still open and based upon conversations
with TxDOT and the project contractor,it is anticipated that the
improvements willbe constructed using the existing construction
contract and the unit prices in the original contract.
If approved, the project schedule anticipates construction to begin
andbe completed in 2015.
Financial
Considerations:
The approval of this amendment to the original Memorandum of
Understanding (MOU) establishes a city commitment of $75,000
toward the design and construction a dedicated acceleration lane
for theSH114 turnaround located on the east side of the Carroll
Avenue interchangefor the city.The remaining financial
commitments aremade up by the remaining twoparties to the
agreement.It is also anticipated thatstate funds in the amount of
$100,000 will be made available for the construction of the project.
The cost of the project is estimated at $400,000.
The City Council has not previously authorized any funds for a
dedicated acceleration lane for the SH114 Texas Turnaround
project.Available funds for the city’s portion of this proposed
project have been identified by the Chief Financial Officer of the
city from residual funds. If approved, the FY 2015 Capital
ImprovementBudget will be amended later this year to include the
project.
Strategic Link:
The construction of adedicated acceleration lane for the
turnaround bridge located on the east side of Carroll Avenue
provided for under this Memorandum of Understandinglinksto the
City’s strategy map relative to the focus areas of Mobility,
Infrastructure, andPartnerships.The specific corporate objectives
that are met by this construction projectinclude:providing travel
convenience throughout the city and region,collaboratingwith
select partners to implement service solutions, and investingto
provide and maintain high quality public assets.
Citizen Input/
Board Review:
N/A
Legal Review:
This Memorandumhas been reviewed by the City Attorney.
Alternatives:
The City Council may approve or deny the agreement.
Supporting
Documents:
Amendment No. 1 to theMemorandum of Understanding
Project Schematicshowing location
Staff
Recommendation:
Approve Amendment No.1 to Memorandum of Understanding
(MOU)for the addition of a dedicated acceleration lane to the
design and construction of the State Highway 114 Texas
Turnaround at N. Carroll Avenue (east side only) between Gateway
Church, Tarrant County, and the City of Southlake each committing
funding toward the project.
Staff Contact
RobertH. Price, P.E., Public Works Director
:
Cheryl Taylor, P.E., Deputy Director/CityEngineer
Amendment No. 1
Memorandum of Understanding
Between Gateway Church, Tarrant County, and
the City of Southlake, Texas
This Amendment No. 1 to the original Memorandum of Understanding (the “MOU”)
approved on October 2, 2012 is hereby entered into by Gateway Church, Tarrant County, and the
City of Southlake regarding the design, and construction of dedicated acceleration lane on the
turnaround bridge at SH 114 and Carroll Blvd. in Southlake, Texas (hereinafter referred to as the
“Project”). (the entities party hereto may hereinafter together be referred to as the “Parties”.)
RECITALS:
WHEREAS,
the proposed acceleration lane Project is shown and described in the
attached Exhibit “A”, which exhibit is incorporated herein by reference; and
WHEREAS,
parties agree that the Project would further benefit the citizens of Southlake
and Tarrant County, by relieving traffic congestion, and furthering efforts to attain federal air
quality standards; and
WHEREAS,
the initial cost estimate for the design, engineering, and construction of the
addition of a dedicated acceleration laneis $400,000; and
WHEREAS,
an application for Project funding has been made to the North Central
Texas Council of Governments; and
WHEREAS,
the parties have agreed to share the remaining costs of the Project jointly as
provided for herein; and
WHEREAS,
Gateway Church has agreed to provide initial funding of the engineering
design for the Project utilizing Kimley-Horn and Associates for such services as part of Gateway
Church’s cost participation; and
WHEREAS,
this Agreement is subject to the execution of an agreement between the
City of Southlake and Tarrant County and a Local Transportation Project Advance Funding
Agreement (“LPAFA”) with the Texas Department of Transportation (“TxDOT”);
NOW, THEREFORE,
in consideration of the premises and the mutual covenants and
agreements of the Parties, it is agreed as follows:
SECTION 1
REAFFIRMATION OF THEPREMISES
The above-stated premises are agreed to be true and correct and are incorporated into the
body of this MOU by reference as if copied in their entirety.
SECTION 2.
AUTHORITY FOR AGREEMENT
The Parties represent and confirm that the signatories to this Agreement have been duly
authorized to fully bind the respective party to the Agreement, except as otherwise provided for
herein.
SECTION 3.
PROJECT FUNDING
The Parties agree to share the total project costsless funds committed by the TxDOT,
including design, engineering, geotechnical work, and construction on the following basis:.
Gateway Church$125,000*
Tarrant County $100,000
City of Southlake$75,000
*
plus additional funds for a consultant fee for Hodge and Associates
The Parties recognize that TxDOT, who willactuallychange order the additional work into the
existing TxDOTconstruction contract, reservesthe unilateral right to not let any contract for any
portion of the Project unless and until each party’s share of the costs has been fully paid and
tendered as provided herein. TxDOT has proposed matching funding for the Project in the
amount of $100,000. TxDOT has further agreed to waive its standard design review, inspection,
and project management fees. The City of Southlake shall serve as the repository for Project
funds, and each of the Parties shall be entitled to a regular accounting of all Project funds. Upon
completion of the Project, remaining Project fundswill be distributed to each of the Parties in
amounts proportionate to their contributions.
SECTION 4.
PROJECT DESIGN AND PLANS
All design work for the Project will be done by Kimley-Horn and Associates. Gateway
Church will directly fund the costs for Kimley-Horn and Associates as part of its Project cost
contribution, and provide the City of Southlake with evidence of the amounts paid. The Project
will be designed in accordance with TxDOT’s standards and specifications. Upon completion,
the Project plans will be distributed to each of the Parties for consideration and review. Each of
the Parties shall approve or disapprove the plans within ten (10) business days of receipt of the
plans, which approval may not be unreasonably withheld. If any party requests any additional
Project enhancements above and beyond TxDOT’s standards and specifications, such
enhancements are subject to the review and approval of TxDOT and the requesting party shall be
solely responsible for any additional costs.
SECTION 5.
CONSTRUCTION
The Project shall be constructed by TxDOT in accordance with a LPAFA between the
City of Southlake and TxDOT. Shouldthe total Project costs exceed the estimate of $400,000, in
accordance with the LPAFA, then suchadditional costs will be shared by the parties in equal
amounts. The City of Southlake shall provide advance notice tothe parties to this MOUas to the
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additional cost and reason for additional expense. The parties to this MOU shall provide
authorization in writing and within 10 days of notification. The City may require notification by
the parties before any change order to the LPAFA is approved.
SECTION 6.
MISCELLANEOUS
A.
Each of the Parties shall be responsible for providing adequate funds to cover their
committed participation at such a time as the funds are needed for the construction of the
project by TxDOT. In the event the study overlaps funding years, the respective funding
shares will be spread over the overlapping funding years.
B.The Parties, or their representatives will meet periodically as mutually agreed to
coordinate the implementation of the Project
C.It is expressly understood and agreed by the parties to this MOU that if the
performance of any provision is delayed by reason of war, civil commotion, act of
God, governmental restrictions, regulations or interferences, fire or other casualty,
court injunction, or any circumstances which are reasonably beyond the control of the
party obligated or permitted under the terms of this MOU to do or perform the same,
regardless of whether any such circumstance is similar to any of those enumerated
herein, the party so obligated or permitted shall be excused from doing or performing
the same during such period of delay, so that the period of time applicable to such
requirement shall be extended for a period of time equal to the period of time such
party was delayed.
D.It is specifically understood and agreed that the relationship described in this MOU is
contractual in nature and is not to be construed to create a partnership or joint venture
or agency relationship between the parties. Nor shall either party be liable for any
debts or liabilities incurred by the other party for operations or activities not
contemplated by this MOU.
E.This MOU may be executed in multiple counterparts. Each such counterpart shall be
deemed an original of this MOU, so that in making proof of this MOU, it shall only
be necessary to produce or account for one such counterpart.
F.Any captions, headings, and arrangements used in this MOU are for convenience only
and shall not in any way affect, limit, amplify, or modify its terms and provision.
G.This MOU and all agreements entered into in connection with the transactions
contemplated by this MOU are, and will be, executed and delivered, and are intended
to be performed in the County of Tarrant, State of Texas, and the laws of Texas shall
govern the validity, construction, enforcement, and interpretation of this MOU. In the
event of litigation between the parties hereto, their successors or assigns, with regard
to this MOU and any subsequent supplementary agreements or amendments, venue
shall lie exclusively in Tarrant County, Texas.
H.In the event any one or more of the provisions contained in this MOU shall for any
reason be held to be invalid, illegal or unenforceable in any respect, such invalidity,
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illegality or unenforceability shall not affect any other provision(s) hereof, andthis
MOU shall be revised so as to cure such invalid, illegal or unenforceable provision(s)
to carry out as near as possible the original intent of the parties.
I.If future federal, state or local statute, ordinance, regulation, rule or action render this
MOU or in part, illegal, invalid, unenforceable or impractical, the parties agree to
delete and/or to modify such portions of the MOU as are necessary to render it valid,
enforceable and/or practical. Each section, paragraph or provision of this MOU shall
be considered severable, and if for any reason any section, paragraph, or provision
herein is determined to be invalid under current or future law, regulation or rule, such
invalidity shall not impair the operation of or otherwise affect the valid portions of
this instrument. In the event that a future federal, state or local statute, ordinance,
regulation, rule or action renders this MOU in whole illegal, invalid, unenforceable or
impractical and either one or both of the parties to this MOU agree that it is
impossible or impracticable to continue to the purpose of this MOU, then, this MOU,
if not already terminated by operation of law, may be terminated by either party.
J.If any party initiates an action to enforce any provision of this MOU or for damages
by reason of an alleged breach of any provision hereof, the prevailing party shall be
entitled to receive from the other parties all reasonable and necessary costs and
expenses, including reasonable attorneys' fees and costs incurred in connection with
such action.
K.All of the terms, conditions, warranties and representations contained in this MOU
shall survive, in accordance with their terms, and shall survive the execution hereof.
L.It is expressly understood and agreed that, in the execution of this MOU,neither of
the parties waives, nor shall be deemed hereby to waive, any immunity, defense, or
liability limitation protection that would otherwise be available to it against claims
arising in the exercise of governmental powers and functions. By enteringinto this
MOU the parties do not intend to create any obligations, expressed or implied, other
than those set forth herein and this agreement shall not create any rights in parties not
signatories hereto.
M.Whenever this MOU requires or permits any consent, approval, notice, request,
proposal, or demand from one party to another, the content, approval, notice, request,
proposal, or demand must be in writing to be effective and shall be delivered to the
party intended to receive it at the address(es) shown below:
If to Gateway Church:
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If to Tarrant County:
If to the City of Southlake: City of Southlake
Director of Public Works
1400 Main St., Ste 320
Southlake, Tx 76092
N.The parties deem the execution date of this MOU to bethe date on which the last of
the parties hereto execute this document.
CITY OF SOUTHLAKETARRANT COUNTY
By:_________________________By:_________________________
Date: __________, 2012Date:__________, 2012
APPROVED AS TO FORM:APPROVEDAS TO FORM:
By:_________________________By:_________________________
City Attorney
City of Southlake
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GATEWAY CHURCH
By:_________________________
Date: __________, 2012
CORPORATE ACKNOWLEDGMENT:
The State of Texas
County of
Before me, the undersigned, on this day personally appeared
, of Gateway Church , proved to me through the
presentation of a valid Texas Driver’s License to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he/she executed the same for the purposes
and consideration therein expressed. Mr./Ms. furthermore attested that he/she is
signing this in his/her capacity as of
Gateway Church, and that such capacity makes his signature valid to bind Gateway Church.
Seal:
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2012.
My Commission Expires:
Notary Public in and for the State of Texas
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