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HomeMy WebLinkAboutContract 40108� �. ;• +� � � ` � � � • ���TE OF TE)(e4S � Interlocal Agreement G �� �9��ifY OF TARRANT � This agreement is entered into between Tarrant County, Texas, hereinafter referred to as COUNTY, and City of Fort Worth, hereinafter referred to as CITY, and collectively referred to as the parties, for the purpose of funding a needed transportation project within the boundaries of both parties which the Commissioners Court finds serves a public purpose and serves the public welfare of the citizens of Tarrant County. The COUNTY and the CITY make the following findings of fact: 1. This agreement is made pursuant to Chapter 791 of the Texas Government Code; 2. To the extent necessary the parties will use current revenues to pay obligations in this agreement; 3. The project benefits the public in that it is a needed transportation project; 4. The COUNTY and the CTTY each has the legal authority to perform its obligations in this agreement; and 5. The division of costs provided in this agreement constitute adequate consideration to each party. I. PROJECT DESCRIPTION This project will widen Dirks Road from an undivided two lane road to a divided six lane road from Bryant Irvin Road to the planned Southwest Parkway. Dirks Road will be lowered to match the surrounding terrain. Interlotal Agreement Transportation Bond 2006-2007 OFFICIAL RECOI .. CITY SECRETARY FT. WORTH, T7C Page i II. SCOPE OF SERVICES PROVIDED BY CITY The services to be provided by the CITY shall include, but are not limited to, the following; A. All costs associated with said project including acquisition of right of way, planning, engineering, surveying and governmental approval costs; B. All construction costs; C. Construction agreement administration, site review, permitting and inspection; D. Interagency cooperation; E. A monthly progress report documenting the percent complete for each major component of the project shall be provided to the COUNTY; F. CITY wiii notiry 'the COUNTY on completion of the project. G. CITY will include the following language on all on -site public notice signage. "This project is funded by the City of Fort Worth and the Tarrant County Commissioners Court through the 2006 Tarrant County Bond Program" YYY. TERM This agreement will conclude with the ending of the current fiscal year unless terminated sooner per Section XI of this agreement. COUNTY agrees to reimburse up to $2,000,000 from the COUNTY'S 2006 Transportation Bond Program Commissioner Discretionary funds in accordance with Attachment A which is attached hereto and hereby made a part of this agreement for all purposes. However, In the event that the schedule is delayed, the COUNTY is excused from paying until the successful completion of the scheduled phase of the project as reasonably determined by the COUNTY. The CITY will provide certification signed by the CFO or authorized official that the work has been completed and that the funds being requested have been expended. Interlocal Agreement TransQortation Bond 2006-2007 Page 2 OFF►Cl�t I CITY understands that CITY will be responsible for any other expenses incurred by CITY in performing the services under this agreement. V. AGENCY -INDEPENDENT CONTRACTOR Neither COUNTY nor any employee thereof is an agent of CITY and neither CITY or any employee thereof is an agent of COUNTY. This agreement does not and shall not be construed to entitle either party or any of their respective employees, if applicable, to any benefit, privilege or other amenities of employment by the other Party. CITY agrees that the COUNTY will have no right to control the manner or means of construction of the project. VI. ASSIGNMENT Neither party may assign, in whole nor in part, any interest it may have in this agreement without the prior written consent of the other party. VII. THIRD PARTY BENEFICIARY EXCLUDED No person other than a parry to this agreement may bring a cause of action pursuant to this agreement as a third party beneficiary. This agreement may not be interpreted to waive the sovereign immunity of any party to this agreement to the extent such party may have immunity under Texas law. VIII. AUDYT OF RECORDS CIIY's records regarding this project shall be subject to audit by the COUNTY during the term of this agreement and for two years after the completion of the project. IX. ENTIRE AGREEMENT This agreement represents the entire understanding of and between the parties and superseded all prior representations. This agreement may not be varied orally, but must be amended by written document of subsequent date duly executed by these parties. This agreement shall be governed by the laws of the State of Texas and venue for any action under this agreement shall be in the district courts of Tarrant County, Interlocal Agreement Transvortation Bond 2006-2007 Page 3 oFFoe�:�� ��CaRD CITY ��: �<�ETARY FT. VVI.:�RTF�, TX Texas. X. SCHEDULING CITY agrees that the COUNTY retains control over the COUNTY funding disbursement schedule identified in Attachment A. COUNTY agrees to notify CITY of any changes to the funding disbursement schedule 30 days in advance. Such notification will be in the form of written correspondence delivered by regular mail. XI. TERMINATION Until funded by the COUNTY as described in Paragraph IV this agreement may be terminated by either party by providing written notice to the other party at least thirty (30) days prior to the intended date of termination. Any notice or other writing required by this agreement, shall be deemed given when personally delivered or mailed by certified or registered United States mail, return -receipt, postage prepaid, addressed as follows: COUNTY: County Administrator Tarrant County 100 E Weatherford St Ford Worih, Texas 76196 CITY: City Manager City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 APPROVED on this day the 13�"' day of [��� , 201Q, by Tarrant County. TARRANT BOUNTY STATE OF TEXAS County Judge �� � x s - � Commis loner, Precinct 1 Commissioners Court Order No. ion Sa 1 CITY L�s�-- �w i@�CORD Signature CITY SECRETARY Interlocal Agreement Transaortation Bond 2006-2007 C�ntraGt Au�tharizatio�. �D Date To raI? LEGALITY: �I�andri��, CERTIFICATION OF AVAILABLE FUNDS IN THE AMOUNT OF Certification of Funds Available as follows: Fiscal year ending September 30, 2007 Fiscal year ending September 30, 2008 Fiscal year ending September 30, 2009 Fiscal year ending September 30, 2010 $ $4001000 All future years funding is contingent on future debt issuance and renewal of this contract Fiscal year ending September 30, 2011 Fiscal year ending September 30, 2012 Fiscal year ending September 30, 2013 Fiscal year ending September 30, 2014 Fiscal year ending September 30, 2015 Fiscal year ending September 30, 2016 Auditor's Office APPROVED Distri Office* --------------------------------- $2,000,000 *By law, the District Attorneys Office may only advise or approve agreements or legal documents on behalf of its clients. It may not advise or approve a agreement or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s). OFFi'ClAL. RECORD CITY SECRETARY FT. NORTH, TX Interlocal Agreement Transaortation Bond 2006-2007 Page 5 ATTACHMENT A Project Information City: City of Fort Worth Project Name: Dirks Road from Bryant Irvin to the planned Southwest Parkway Proposed Project Schedule Start Date Duration (mo) End Date Design: - - ROW Acquisition: Utility Relocation: - - Construction: Jun-2010 15 Sep-2011 * COUNTY payments by completed phase are contingent upon the COUNTY'S reasonable determination that the work regarding the project phase for which payment is expected is successfully completed, as determined by the COUNTY. COUNTY plans to issue debt for all phases of this project, therefore payment remains contingent on debt issuance in accordance with applicable law. Once Construction commences, COUNTY payment shall be made by fiscal quarter prorated over the life of the construction but contingent upon reasonable progress in construction as may be determined by the COUNTY. Proposed County Payment by Phase Design: $ go ROW Acquisition: Utility Relocation: Construction: County Funding Total: $2,000,000 $2,000,000 Proposed County Payment by Calendar Quarter (SUBJECT TO CHANGE 2007 2008 2009 2010 1011 2012 Z013 2014 2015 2016 1 st nuarter 3rd Ouarter 4th Q uarter cl $ $ $ $ $ $ $400,000 $400,000 $400,000 $4009000 $400,000 $ Interlocal Agreement Transportation Bond 2006-2007 CITY SECREYA��' a WORTH, TX TO: David Jodray, Transportation and Public Works Department FROM: Allison Tidwell, City Secretary's Office DATE: March 30, 2010 SUBJECT: INTERLOCAL AGREEMENT FOR PARTICIPATION IN THE CONSTRUCTION OF DIRKS ROAD FROM BRYANT IRVIN ROAD TO THE WESTERN LIMIT OF THE FUTURE SOUTHWEST PARKWAY These documents are being forwarded to you for original signatures from Tarrant County. All signed copies of the contract must be returned with original signatures for final processing. Failure to return the documents will delay the final processing of the contract. Once we have received all of the documents, we will assign a contract number. Thank you in advance for your cooperation. If you have any questions, please call me at 817-392-6090. Attached: 3 sets City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/23/2010 - Ordinance No. 19088-03ME DATE: Tuesday, March 23, 2010 REFERENCE NO.: C-24142 LOG NAME: 20DIRKS ROAD INTERLOCAL/ TARRANT COUNTY SUBJECT: Authorize an Interlocal Agreement with Tarrant County in the Amount of $2,000,000.00 for Participation in the Construction of Dirks Road from Bryant Irvin Road to the Western Limit of the Future Southwest Parkway and Adopt Appropriation Ordinance (COUNCIL DISTRICT 3) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute an Interlocal Agreement with Tarrant County in the amount of $2,000,000.00 for participation in the construction of Dirks Road from Bryant Irvin Road to the western limit of the future Southwest Parkway; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the 2007 Critical Capital Projects Fund by $2,000,000.00 based on a reimbursement from Tarrant County, DISCUSSION: On January 9, 2007, (M&C G-15571) the City Council authorized the sale of $42,325,000.00 Certificates of Obligation for the purpose of funding part of the Critical Capital Needs Program. That amount included $7,500,000.00 for the design and construction of Dirks Road from Bryant Irvin Road to Granbury Road, Dirks Road will be reconstructed as a six lane divided principal arterial roadway with traffic signal, storm drainage and sidewalk improvements. The construction of Dirks Road has been separated into two phases. Phase 1 is from Bryant Irvin Road to the western limit of the future Southwest Parkway. Phase 2 is from the eastern limit of the future Southwest Parkway to Granbury Road. Tarrant County has agreed to enter into an Interlocal Agreement for participation in the construction of Phase 1 of Dirks Road from Bryant Irvin Road to the western limit of the future Southwest Parkway. Under this Agreement, Tarrant County will reimburse the City up to $2.000.000.00 for construction costs in quarterly payments ($400,000.00 each beginning the third quarter of 2010, through the third quarter 2011, totaling $2,000,000.00). The City will provide all project management, inspection and material testing necessary for the project. This project is located in COUNCIL DISTRICT 3, Mapsco 102B and 102C. FISCAL INFORMATION /CERTIFICATION: I he financial Management Services Director certities that upon approval of the above recommendations Logname: 20DIRKS ROAD INTERLOCAL/ TARRANT COUNTY Page 1 of 2 and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the 2007 Critical Projects Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers 2) C295 451970 203230076883 $2,0009000,00 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: William Verkest (7801) Additional Information Contact: Jim Walker (8009) ATTACHMENTS 1. 20DIRKS ROAD INTERLOCAL-TARRANT COUNTY revised AO.doc (Public) 2. Accounting Info.pdf (CFW Internal) I Dirks ILA Tarrant County 2010.pdf (CFW Internal) 4. Email from Accountinq_pdf (CFW Internal) 5. Map DIRKS RD WEST.pdf (Public) Logname: 20DIRKS ROAD INTERLOCAL/ TARRANT COUNTY Page 2 of 2 MAYOR AND COUNG L C o hvwUNIC r (03A w/r LAKE BEIVBROOK ter^ Alt.?kttk;, 7 � to lI I a 7u. 1 TA �y 1 `Tk '1f' ��`s.i:�.<.�[^�9isl:,`� -'itS r.:S'_.�ai'1`• r..1 i'. ~'i>: 1+�`�, t >� w� 'i L I N r ?. r all 1 Ior 0 ff+F ti f. A�'i'C'9.br �.1 • i'• F ti Im I r W1lr LpI1 IF I go to two (iaa 4 r.F t.a :i< .rPF t'' �Ir 3 1 f •, r, I P. RIMaof t , t ode 7,�+�c F rat F 7f` tib+�a . w It wall V mpoi .rtL �qta} F' 1.lop, F �'-_ ,.—_i�a��„�:tr-..`_,max h._ . :.rat •.x.-.�.._ 4.I '1, •�'.'�1`[::�i1]t't..!9 S�'�'S44k�tyR1�T��gJ� ..r �;�C'�`l.� t ixr',e Q��• ; 5 f �lt;r ti: !. c �� t .1 Ila all tar toollI t— LIPr t a r ;. fi f J v 1 T_ ' 1' p a r a 4, Nri, r.i Toy O•.ii at 2,000 1,000 0 2,000 Ft; t. DETAIL OF PROJECT LOCATION