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Home My WebLink AboutContract 49544 io 11 CITY SECRETARY CONTRACT NO. N �a S � F T B �.C'' § Interlocal Agreement COUNTY 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 of the County and the governing body of the City find 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 CITY 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 parry. 6. Both parties acknowledge they are each a "governmental entity"and not a "business entity" as those terms are defined in Tex. Gov't. Code sect. 2252.908, and therefore, no disclosure of interested parties is required. I. PROJECT DESCRIPTION This Project will construct Hemphill Street from Lancaster Avenue to West Vickery Boulevard under the Union Pacific Railroad Tracks and Interstate Highway 30. i OFFICIAL RECORD CITY SECRETARY Interlocal Agreement Transportation Bond 2006-2007 FT.WORTH, TX Page 1 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 right-of-way, planning, engineering, surveying and governmental approval costs; B. Construction agreement administration, site review, permitting and inspection; C. Interagency cooperation; D. A monthly progress report documenting the percent complete for each major component of the Project shall be provided to the COUNTY; E. CITY will notify the COUNTY on completion of the Project; and F. 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" III. TERM This agreement will conclude with the ending of the current fiscal year unless terminated sooner under either section IV or XIII of this agreement. This agreement may be renewed annually until final completion of the Project. IV. FISCAL FUNDING ACKNOWLEDGEMENT In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable by any means whatsoever in any fiscal period for payments due under this contract, then the affected party will immediately notify the other party of such occurrence and this contract shall be terminated on the last day of the fiscal period for which appropriations were received without penalty or expense to the affected party of any kind whatsoever, except to the portions of annual payments herein agreed upon for which funds shall have been appropriated. V. COST Interlocal Agreement Transportation Bond 2006-2007 Page 2 COUNTY agrees to reimburse CITY for Project improvements in an amount not to exceed $23,000,000 in accordance with Attachment A which is attached hereto and herby made a part of this agreement for all purposes. COUNTY will reimburse 100 percent of invoices submitted for reimbursement by the CITY up to the CITY's current Project expenditures of $11,980,150, then 50 percent of remaining invoices submitted by the City for reimbursement up to $23,000,000. However, in the event that the schedule is delayed, the COUNTY is excused from paying until reasonable progress is made as 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 on eligible items as determined by the COUNTY. CITY understands that CITY will be responsible for any other expenses incurred by CITY in performing the services under this agreement. VI. AGENCY-INDEPENDENT CONTRACTOR Neither COUNTY nor any employee thereof is an agent of CITY and neither CITY nor 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. VII. 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. VIII. THIRD PARTY BENEFICIARY EXCLUDED No person other than a party 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. IX. Interlocal Agreement Transportation Bond 2006-2007 Page 3 AUDIT OF RECORDS CITY'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. X. 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. XI. VENUE 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, Texas. XII. 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. XIII. 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: CITY. County Administrator City Manager Tarrant County City of Fort Worth 100 E Weatherford St 200 Texas Street Fort Worth, Texas 76196 Fort Worth, Texas 76102 Interlocal Agreement Transportation Bond 2006-2007 Page 4 XIV. SOVEREIGN POWERS COUNTY and CITY agree and understand neither Party waives or surrenders any of its governmental powers by execution of this Agreement. APPROVED on this day the day of 20 111 by Tarrant County. Commissioners Court Order No. TARRANT COUNTY STATE OF TEXAS CITY T /A. County Judge Nu, Asa, � ��.) Jay Cha a Assistant City Manager APPROVED AS TO FORM AND LEGALITY: M&C: C--?Z Date: 3- • 1 06460, Douglas W. Black Sr. Assistant City Attorney o••FORT O ATTESTED by: � ontract Compliance Manager: y signing I acknowledge that I am the erson responsible for the monitoring and administration of this contract, .'including ensuring all performance and 7FXP5 reporting requirements. Mary J. Michael Weiss, P.E. Ci;, Secretary Senior Professional Engineer OFFICIAL ft �;,�RD Interlocal Agreement Transportation Bond 2006-2007 CITY SECRETARY age 5 FT.WORTH TX CERTIFICA TION OF A VAILABLE FUNDS IN THE AMOUNT OF s 0 Certification of Funds Available as follows: Fiscal year ending September 30, 2017 $11,630,986 All future years funding is contingent on future debt issuance and renewal of this contract Fiscal year ending September 30, 2018 $11,369,014 --------------------------------- $23,000,000** Auditor's Office **$.3,000,000 will be funded from discretionary bond funds as follows Precinct 1: $1,500,000 Precinct 4: $1,000,000 Judge's Office: $500,000 A RPR OVED AS TO FO Criminal strict Attorney's Office* 1, uS+ 1 , 11 *By law, the Criminal Distri Attorney's Office may only approve contracts for its clients. We reviewed this document as to form from our client's legal perspective. Other parties may not rely on this approval. Instead those parties should seek contract review from independent counsel. Interlocal Agreement Transportation Bond 2006-2007 Page 6 ATTACHMENT A Proiect Information City: City of Fort Worth Project Name: Hemphill Street Improvements (Lancaster to Vickery) Proposed Proiect Schedule Start Date Duration (mo) End Date Design: - - - ROW Acquisition: - - - Utility Relocation: - - - Construction: Aug-2017 24 Aug-2019 * 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: $2,074,986 ROW Acquisition: $7,356,000 Utility Relocation: $ Construction: $13,569,014 County Funding Total: $23,000,000 Proposed County Payment by Calendar Quarter(SUBJECT TO CHANGE) 1St Quarter 2nd Quarter 3rd Quarter 4th Quarter 2017 $ $ $11,6305986 $ 2018 $7,000,000 $ $4,369,014 $ 2019 $ $ $ $ 2020 $ $ $ $ 2021 $ $ $ $ 2022 $ $ $ $ 2023 $ $ $ $ 2024 $ $ $ $ 2025 $ $ $ $ 2026 $ $ $ $ Interlocal Agreement Transportation Bond 2006-2007 Page 7