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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
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DETAIL OF PROJECT LOCATION