HomeMy WebLinkAboutRes 17-20 Approving an Interlocal Agreement with Southlake for Signals at Solana and Kirkwood TOWN OF WESTLAKE
RESOLUTION NO. 17-20
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS,AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN
INTERLOCAL AGREEMENT WITH THE CITY OF SOUTHLAKE REGARDING THE
CONSTRUCTION OF TRAFFIC SIGNALS AND OTHER NECESSARY
IMPROVEMENTS AT SH 114 AND SOLANA/KIRKWOOD INTERECTIONS.
WHEREAS, the Town Council finds that signalization of the intersection benefits
commuters and citizens and is in the best interest of residential and corporate citizens; and
WHEREAS, Westlake desires to provide residents and commuters safe and aesthetically
pleasing streets to travel; and
WHEREAS, the Town Council finds that the proposed agreement with the City of
Southlake is necessary for the construction of the traffic signal at the SH 114 and
Solana/Kirkwood intersection; and
WHEREAS, the Town Council finds that the Interlocal Agreement provides sound
infrastructure maintenance and planning; and
WHEREAS, the Town Council finds that the Interlocal Agreement with the City of
Southlake is in the best interest of the citizens of Westlake.
NOW,THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true
and correct and are incorporated herein by reference as if copied in their entirety
SECTION 2: That the Town of Westlake Town Council does hereby authorize the
Town Manager to enter into the interlocal agreement, attached as Exhibit "A".
SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
Resolution 17-20
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SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 24th DAY OF APRIL 2417.
ATTEST:
Laura L. Wheat, Mayor
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Kelly Edw ,r s, Town Secretary OF Thomas E. Brymer own Manager
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APPROVED AS TO FORM: :<7�
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l L. Stton Lowry, own Attorney
Resolution 17-20
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0 1 Z I J IN i A L DOC UTVTF'.NTT
C! I OF SOUTH.LAK E
STATE OF TEXAS § Co uncil Actiono,N
COUNTY OF TARRANT § Ord./Res. No. —
Date Approvad:��7
INTERLOCAL AGREEMENT BETWEEN THE TOWN OF WESTLAKE, TEXAS
AND THE CITY OF SOUTHLAKE, TEXAS FOR CONSTRUCTION OF
THE KIRKWOOD/SOLANA DRIVE INTERSECTION AND SIGNALIZATION
IMPROVEMENTS
This Interlocal Agreement (the "Agreement") for the Construction of the
Kirkwood/Solana Drive Intersection and Signalization Improvements to include
paving, drainage, signalization is made and entered into by and between the Town
of Westlake, Texas, a municipal corporation located in Tarrant County, Texas
("Westlake"), and the City of Southlake, Texas, a municipal corporation located in
Tarrant County, Texas ("Southlake"). (Southlake and Westlake shall hereafter be
collectively referred to as the "municipalities").
WHEREAS, Westlake and Southlake mutually desire to enter into an
interlocal agreement to reconstruct the Kirkwood/Solana Drive intersection with
SH1 14 ramp intersection (the "Project") between the municipalities; and
WHEREAS, Chapter 791, Texas Government Code, as amended (the
"Act"), provides authorization for municipalities to contract with one another for the
Page 1 of 9 F=lr-=S 17-20
performance of governmental functions and services under the terms of the Act;
and
WHEREAS, Westlake and Southlake have need to construct these
intersection and signalization improvements, which shall be located in part in
Westlake and in part in Southlake; and
WHEREAS, Westlake and Southlake shall provide financing for the Project
as provided herein; and
WHEREAS, Westlake and Southlake are willing to cooperate with one
another to accomplish the construction and maintenance as provided in this
Agreement; and
WHEREAS, each party paying for the performance of governmental
functions or services under this Agreement must make those payments from
current available funds; and
WHEREAS, it is mutually advantageous to both parties to enter into this
Agreement:
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WITNESSETH
NOW, THEREFORE, for and in consideration of the mutual covenants, terms and
conditions set forth herein, and the mutual benefits to each party, the receipt and
sufficiency of which are hereby acknowledged, Westlake and Southlake hereby
contract, covenant, warrant and agree as follows:
I. ADOPTION OF PREAMBLE
All of the matters stated in the preamble of this Agreement are found to be
true and correct and are hereby incorporated into the body of the Agreement by
reference as though fully set forth in their entirety herein.
11. OBLIGATIONS OF THE PARTIES
1. The City of Southlake has contracted for Project Management and
Consulting Engineering Services related to the design of the Project.
2. The municipalities agree that Westlake shall have an opportunity to
review and approve the construction plans and specification submittals. It is
agreed that each municipality will review the plans in an expedient manner, not to
exceed five (5) business days so that this project can remain on its current fast
track. Completion of the construction of these intersection and signalization
improvements as expeditiously as possible is of paramount importance to both
municipalities.
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3. If necessary, the municipalities agree that each respective city will
be responsible for pursuing the relocation of city owned utilities within their city,
should it be required and each city will acquire the necessary rights-of-way and
easements for the construction of the Project. It should be noted that no additional
easements and/or right-of-way are anticipated for this project.
4. The municipalities agree that Southlake will contract the services of
a Third Party Contractor to construct the concrete curbs, gutter and flatwork,
signalization improvements associated with the pavement of the Project.
5. The municipalities agree that the Third Party Contractor shall provide
Performance, Payment and Maintenance Bonds in the full amount of the contract
cost issued to the contracting municipality.
6. The municipalities agree to funding of the project as follows:
a) The total estimated cost of the project including design and
construction of the proposed improvements is $823,000.
b) The Opinion of Probable Construction Cost estimate prepared by
Consultant Kimley-Horn & Associates as of January 31, 2017 is
$738,000. This cost is reflected in Exhibit A attached to the
Agreement.
c) An additional cost of $85,000 is estimated for the cost of the
design of the Kirkwood Intersection and Signalization
improvements. The design services contract for this project with
Kimley-Horn and Associates was approved by the Southlake City
Council on March 7, 2017.
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d) Westlake shall reimburse to Southlake a portion of the
construction phase costs and services, in an amount not to
exceed $268,680 for the project upon substantial completion of
construction. A final invoice shall be provided to Westlake by
Southlake.
7. Westlake agrees to make payment to Southlake within a reasonable
length of time estimated at 30 days after receipt of the invoice from Southlake.
8. The municipalities agree that Southlake will provide all construction
inspection and construction management for the Project.
9. Since the majority of improvements will be completed within TxDOT
right-of-way, TxDOT guidelines and standards shall govern. However, if TxDOT
guidelines and standards do not address an issue that arises during the project,
Southlake and Westlake agree that the construction to be done within Westlake
shall be in accordance with Southlake's Code of Ordinances including, but not
necessarily limited to, providing proper barricades, traffic control during
construction, detours and project clean up after the contractor is completed. The
project plans will incorporate Westlake's enhanced design standards for the signal
poles, luminaires, wheelchair ramps, and illuminated street name signs.
10. TxDOT will be responsible for maintenance of infrastructure
improvements located within TxDOT right-of-way. The municipalities agree that
each respective city will provide maintenance on all roadway, drainage and
signalization facilities, including signage and pavement markings, lying within their
respective corporate boundaries and outside of TxDOT right-of-way.
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111. INDEMNIFICATION AND HOLD HARMLESS
1. To the extent allowed by law, Westlake agrees to indemnify and hold
Southlake harmless from any claim by a third party for damages arising from or
resulting from the construction or maintenance, in accordance with terms set forth
in this agreement, of any portion of the Project lying in the Town of Westlake.
2. To the extent allowed by law, Southlake agrees to indemnify and hold
Westlake harmless from any claim by a third party for damages arising from or
resulting from the construction or maintenance, in accordance with terms set forth
in this agreement, of any portion of the Project lying in the City of Southlake.
3. Furthermore, it is understood that both municipalities will, to the
extent allowed by law, agree to indemnify and hold TxDOT harmless from any
claim by a third party for damages arising from or resulting from the construction
or maintenance, in accordance with terms set forth in this agreement, of any
portion of the Project lying within their respective cities.
4. The provisions of these indemnifications shall not apply to acts of
gross negligence or willful misconduct by the indemnified party.
5. The provisions of this indemnification are solely for the benefit of the
parties hereto and not intended to create or grant any rights, contractual or
otherwise, to any other person or entity.
6. Further, the indemnification and hold harmless contained herein
shall not be deemed a waiver of any sovereign immunity allowed pursuant to Tex.
Civ. Proc. & Rem. Code Section 101.001 et. seq., or otherwise.
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IV. NOTICES
Any notice required to be given under this Agreement shall be deemed to
have been adequately given if deposited in the United States mail in an envelope:
TO SOUTHLAKE: TO WESTLAKE:
City of Southlake Town of Westlake
1400 Main Street 1301 Solana Blvd.
Suite 400 Bldg. 4, Suite 4202
Southlake, Texas 76092 Westlake, Texas 76262
Attention: City Manager Attention: Town Manager
A change of address may be made by either party upon the giving of ten
(10) days prior written notice.
V. MISCELLANEOUS PROVISIONS
1. This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective successors and assigns.
2. This Agreement constitutes the sole and only agreement of the
parties hereto and supersedes any prior understandings or written or oral
agreements between the parties respecting the subject matter hereof.
3. No amendment, modification or alteration of the terms hereof shall
be binding unless the same be in writing, dated subsequent to the date hereof and
duly executed by the parties.
4. All payments made hereunder shall be payable from funds currently
available to the City/Town.
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5. This Agreement may be executed concurrently in one or more
counterparts, each of which shall be deemed an original, but all of which together
shall constitute one and the same instrument.
6. If, in case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in
any respect, such invalidity, illegality, or unenforceability shall not affect any other
provision hereof and this Agreement shall be construed as if such invalid, illegal or
unenforceable provision had never been contained herein.
7. The obligations and undertakings of each of the parties to this
Agreement are and shall be performable in Tarrant County, Texas.
8. Each party hereto warrants that it has received authority from its
governing body to enter into this Agreement.
U
EXECUTED this the day of
' 2017.
CITY OF SOUTHLAKE, TEXAS
La ra Hill, Mayo
City of Southlake, Texas
ATTEST: APPROVED AS TO FORM:
Lori Payne, City ecretar # ' City Attorney, City'd e
City of Southlake, T� Uz►in, �a
[SEAL]
*d
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EXECUTED this the 2q4h _day of Ave t 2017.
Town of Westlake, Texas
Laura Wheat, Mayor
Town of Westlake, Texas
ATTEST: APPROVED AS TO FORM:
4x � �_u, ��4 4��
Kell Edw r , Town Secretary Town/Aftorney
Town of Westlake, Texas Tow of Westlake, Texas
°�:
[SEAL]
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