13 - Interlocal Agreement with North Lamar ISD related to a collector streetNo. 13
TO: Mayor, Mayor Pro Tem & City Council
FROM: Grayson Path, City Manager
Rob Vine, Assistant City Manager
Stephanie Harris, City Attorney
Andrew Mack, Director of Planning and Community Development
Chris Donnan, Hayter Engineering — Contracted City Engineer
SUBJECT: North Lamar ISD — Interlocal Agreement
DATE: July 11, 2022
BACKGROUND:
At the April 25, 2022 City Council Meeting, a Final Plat for NLISD for a new elementary school
was approved which included a 60' new ROW dedicated for the construction of a collector -sized
street as required in our Master Thoroughfare Plan. NLISD will be moving a pre -planned 24' wide
private road out to this new ROW and the City will be participating in the cost by upsizing to a
39' wide collector street. This will pave the way towards future development west and north as
laid out in the City's various planning documents, plans and maps.
STATUS OF ISSUE:
The City has worked closely with NLISD to develop the attached Interlocal Agreement (ILA) for
the cost sharing of this collector street and sidewalk. We are agreeing to waive some landscaping
requirements as well as a requirement that sidewalks be on both sides of the street — agreeing that
only one side will be served by a sidewalk. The sidewalk will also be phased to time with TxDOT's
anticipated sidewalk project along North Main Street.
NLISD has received bids for the collector street and submitted to us their estimate for a cost share.
Our contracted city engineering firm, Hayter Engineering, has reviewed the proposed cost share
and determined it to be a fair estimate for the cost to upsize the project. We therefore are
recommending approval of the ILA to cost share in this project.
BUDGET:
The agreement calls for a City participation of $162,079.71 to upsize the project. The City has not
budgeted for this, however we have adequate reserve funds to cover this expense. The City shall
remit payment upon final approval and acceptance by the City of the completed collector street.
OPTIONS:
1. Authorize the City Manager to sign the Interlocal Agreement with North Lamar
Independent School District for the joint construction of a collector street.
2. Request more information, request additional negotiations, or reject the ILA.
RECOMMENDATION:
1. Authorize the City Manager to sign the Interlocal Agreement with North Lamar
Independent School District for the joint construction of a collector street.
RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS
APPROVING AN INTERLOCAL AGREEMENT WITH NORTH LAMAR
INDEPENDENT SCHOOL DISTRICT RELEATED TO A COLLECTOR
STREET IN THE DISTRICT'S NEW ELEMENTARY SCHOOL
DEVELOPMENT; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the North Lamar Independent School District (the "District") has
platted property north of existing school buildings (the "Property") for the
construction of a new elementary school; and
WHEREAS, the City of Paris, Texas (the "City") has enacted a Subdivision
Ordinance governing the construction of streets in new developments and adopting
a Master Thoroughfare Plan (the "Plan"); and
WHEREAS, the Plan requires a collector street comprising the dedication of
land in the minimum width of sixty feet (60') and a minimum paved width of thirty-
nine feet (39'), back of curb to back of curb, to be constructed on the property to be
developed (the "Property"); and
WHEREAS, the City desires to participate in the financing of the construction
of this collector street which will be to the benefit of the City and to future
development to the east of the subject Property; and
WHEREAS, the Subdivision Ordinance also requires the construction of
sidewalks along both sides of said collector street; and
WHEREAS, due to the heavily wooded nature of the Property to the north of
the proposed elementary school, the City recognizes the sufficiency of constructing a
sidewalk on the south side of the Property only; and
WHEREAS, the City has also enacted Sec. 30 of Zoning Ordinance 1710
providing for certain requirements for landscaping and buffering; and
WHEREAS, the City, recognizing certain financial challenges encountered by
the District, desires to accommodate the District by allowing for the phasing of the
construction and installation of the required sidewalks and landscaping;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PARIS, TEXAS, THAT:
Section 1. The findings set out in the preamble to this resolution are hereby
in all things approved.
Section 2. That the terms and conditions of the proposed Interlocal
Agreement attached hereto as Exhibit A, and incorporated herein by reference,
having been reviewed by the City Council of the City of Paris and found to be
acceptable and in the best interests of the City of Paris and its citizens, be, and the
same are hereby, in all things approved.
Section 3. That the City Manager is authorized to execute the Interlocal
Agreement with North Lamar School District substantially in conformance with
Exhibit A.
Section 4. This resolution shall be effective immediately upon passage.
DULY PASSED AND APPROVED THIS 11TH DAY OF July, 2022.
Paula Portugal, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
INTERLOCAL AGREEMENT
Between the City of Paris, Texas and North Lamar Independent School District
Re: Collector Street for New Elementary School
WHEREAS, the North Lamar Independent School District (the "District") has platted
property north of existing school buildings (the "Property") for the construction of a new
elementary school (the "New Elementary School"); and
WHEREAS, the City of Paris, Texas (the "City") has enacted a Subdivision Ordinance
governing the construction of streets in new developments and adopting a Master Thoroughfare
Plan (the "Plan"); and
WHEREAS, the Plan requires a collector street comprising the dedication of land in the
minimum width of sixty feet (60') and a minimum paved width of thirty-nine feet (39'), back of
curb to back of curb, to be constructed on the Property; and
WHEREAS, the City desires to participate in the financing of the construction of this
collector street which will be to the benefit of the City and to future development to the east of the
subject Property; and
WHEREAS, the Subdivision Ordinance also requires the construction of sidewalks along
both sides of said collector street; and
WHEREAS, due to the heavily wooded nature of the Property to the north of the proposed
New Elementary School and the proposed collector street, the City recognizes the difficulty in
constructing a sidewalk in such heavily -wooded area and therefore determines that a sidewalk
must only be constructed on the south side of the proposed collector street; and
WHEREAS, the City has also enacted Sec. 30 of Zoning Ordinance 1710 providing for
certain requirements for landscaping and buffering; and
WHEREAS, the City, recognizing certain financial challenges encountered by the District,
desires to accommodate the District by allowing for the phasing of the construction and installation
of the required sidewalks and landscaping.
WITNESSETH:
1. This interlocal agreement (the "Agreement") is entered into by and between the
City and the District pursuant to Texas Government Code, Chapter 791, Sec. 791.032, and shall
take effect upon the last date of execution hereof.
2. The purpose of this Agreement is to memorialize the City's agreement to participate
financially in the construction of a collector street upon the Property shown in Exhibit A, attached
hereto and incorporated herein by reference, and to set forth the criteria for phasing over time of
required sidewalk and landscaping/buffering improvements.
Street Improvements
3. The District hereby agrees to construct a collector street which adheres to all
specifications set forth in the City's Subdivision Ordinance and as required by the City Engineer.
4. The City agrees to reimburse the District for the portion of the cost of the street
attributable to upsizing a twenty-four foot (24') -wide road to a thirty-nine foot (39') -wide collector
street. For the purposes of this paragraph, the sum to be reimbursed to the District (the
"Reimbursement") is estimated to be $162,079.71 based upon the proposal attached hereto as
Exhibit B. The Parties understand and agree that the cost of widening the collector street set forth
in Exhibit B is an estimate and that such cost may change. In such event, the City will not pay any
greater than the estimated amount plus 10% of the estimated amount ($16,207.97) without further
negotiation with the District.
5. The City shall remit said Reimbursement after final approval and acceptance by the
City of the completed collector street. Upon said final approval and acceptance of the completed
collector street, the District shall send the City an invoice (the "Reimbursement Invoice") for
amounts due and owing under the preceding paragraph 4. The City shall seek to obtain the final
approval of the Reimbursement Invoice and remit payment of same to the District within thirty
(30) days following receipt of the Reimbursement Invoice from the District except for any amounts
subject to negotiation as set forth in paragraph 4. Upon agreement on such additional amounts,
the District will invoice the City for said agreed amount, which the city will pay within thirty (30)
days of receipt thereof.
Sidewalk
6. Due to the wooded nature of the Property to the north of the proposed New
Elementary School and the proposed collector street, the City waives the requirement that the
District construct a sidewalk on both sides of the collector street. The City and the District agree
that the District will construct the sidewalk (the "Sidewalk") in accordance with the City's
Subdivision Ordinance Section IX.J on the south side of the collector street only.
7. The City agrees to allow phased construction of the Sidewalk. The parties recognize
that the Texas Department of Transportation ("TXDOT") has appropriated funding for a
significant sidewalk construction project which includes construction of a sidewalk on the east
side of U.S. Highway 271 to end at its intersection with the collector street referenced herein. The
City agrees to allow the District to postpone the construction of the Sidewalk until such time as
TXDOT has begun construction on the sidewalk from Northeast Loop 286 to the collector street.
The parties will provide TXDOT a copy of this Agreement when fully executed and request that
TXDOT notify the parties at least sixty (60) days before such construction commences. Should
TXDOT fail to send such notice, once the City becomes aware that such construction has
commenced, it will provide written notice to the District. The District shall have one hundred and
eighty (180) days from receipt of a TXDOT notice or two hundred and ten (210) days from the
date a notice is sent by the City to the District under this paragraph 7, thereby notifying the District
to begin construction of the Sidewalk as required under this Agreement.
Landscaping
8. The District will install the landscaping required in Sec. 30 of Zoning Ordinance
1710 no later than the substantial completion date for the construction of the New Elementary
School.
9. The City agrees to the removal of flowerbeds from the right-of-way buffer
landscaping plan and agrees to a twenty percent (20%) (i.e. four trees) reduction in the number of
proposed right-of-way buffer trees.
General
10. The individual signing this Agreement on behalf of a party warrants that he or she
is legally authorized to do so and that the party is legally authorized to perform the obligations
undertaken hereunder.
11. This Agreement states the entire agreement of the parties and can only be amended
upon written agreement signed by all the parties.
12. This Agreement is binding upon and inures to the benefit of the parties' successors -
in -interest.
13. This Agreement is fully performable in Lamar County, Texas, and shall be
governed by and interpreted in accordance with Texas law.
14. This Agreement may be executed in multiple counterparts, each of which
constitutes an original. All executed counterparts together constitute the same instrument.
15. The District agrees that any breach of the provisions of this Agreement will
constitute a violation the City's Subdivision and/or Zoning Ordinances and shall be subject to the
penalty provisions contained therein.
--Signature Page to Follow--
THE CITY OF PARIS, TEXAS
Grayson Path, City Manager
NORTH LAMAR INDEPENDENT SCHOOL
DISTRICT
Kelli Stewart, Superintendent
THE STATE OF TEXAS
COUNTY OF LAMAR
BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally
appeared Grayson Path, City Manager of the CITY OF PARIS, a Texas municipal corporation,
known to me to be the person who's name is subscribed to the foregoing instrument, and
acknowledged to me that he has executed the same on the City's behalf.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE
DAY OF 12022.
Notary Public Lamar County, Texas
My commission expires
THE STATE OF TEXAS §
COUNTY OF LAMAR
This instrument was acknowledged before me on the day of , 2022, by
Kelli Stewart, Superintendent of North Lamar Independent School District, known to me to be
the person whose name is subscribed to the foregoing instrument, and acknowledged that she
executed the same on behalf of North Lamar Independent School District.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE
DAY OF , 20
Notary Public Lamar County, Texas
My commission expires
Re: Cost Associated with Collector Road
Mrs. Stewart
Harrison, Walker & Harper LLC has contracted with subcontractors that are involved in the scopes of work
that pertain to the collector road associated with the New Elementary 2-5 building designed by Parkhill
Architects. The defined items on the following page are the costs HWH understands that could be
reimbursed by the City of Paris.
Scope of Work at Collector Road:
The widening of driveway/ roadway to accommodate City of Paris requirements for collector road from
Highway 271 N. This involves extra clearing, soil stripping, cut and fill, lime stabilization, respread of
associated topsoil, storm and sewer pipe extensions and widening of concrete pavement per drawings
provided by Parkhill Architects dated 04.14.2022.
Total cost of widenin roadwa 162 079.71
Other Items:
Landscape that was bid as an alternate involved the landscape (trees, plant beds, irrigation) buffering and
sidewalks along the side of the collector road and were defined by bid documents.
• Alt #4 - Landscape buffer at the public street of $ 89,795.00
As requested, these are the scopes of work and values that have been identify with collector road and
buffer requirement as defined by Parkhill construction documents. If you have any questions, please let
us know.
AarBer}apn
Chief Estimattor
Harrison, Walker & Harper, LLC
Cc:
Cory Wood - HWH
Nicco Genzer - Parkhill
Hector De Santiago - Parkhill
Harrison, Walker & Harper, LLC 1 2510 S Church St I Paris, Texas 75460 1 800.442.TEAM IIII'"'uwl"'f S tour"'lu"'lli
11 wool nu
IN•.IJ
To: North Lamar ISD Contact: Kelli Stewart - Superintendent
Address: 3130 N Main St. Paris, TX 75460 Phone: 903-737-2011
Fax:
Project Name: North Lamar Elementary City Roadway Bid Number:
Project Location: 3130 N Main St. Paris, TX 75460 Bid Date: June 13, 2022
Item # Item Descri tion Estimated uanti Unit Unit Price Total Price
Collector Road Share Items:
Earthwork/ Utilities Items: (HWH IND)
Clear and Grubbing
1.00 AC
$2,566.27
$2,566.27
Topsoil Stripping
240.00 CY
$3.56
$854.40
Site Cut To Fill
928.00 CY
$6.18
$5,735.04
Lime Stabilization
42.00 Tons
$434.39
$18,244.38
Topsoil Respread
240.00 CY
$12.32
$2,956.80
Storm Pipe
40.00 LF
$102.20
$4,088.00
6" Sanitary Sewer
40.00 LF
$171.45
$3,429.00
Concrete Pavement: (JDS Contractors)
7" Paving (36,760 SF - 22,056 SF) 14,705 SF
Project Administration:
HWH GCs/ Ins/ Fee
Parkhill - A/E Fees
ETTL - Material Testing Fees
Price $37,873.89
$ 7.20 $105,876.0(
Price $105,878.00
SubTotal ,,,,$743,749.89
Total Price
Harrison, Walker & Harper, LLC 12510 S Church St I Paris, Texas 75460 1 800.442.TEAM 1 III"'IW!ht') 8 COM
$6,842.49
$9,487.32
$2,000.00