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Home My WebLink AboutContract 43321CITY SECRETARY CONTRACT NO. - YIZ.L. STATE OF TEXAS § § 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 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 party. I. PR03ECT DESCRIPTION This project will construct the westbound lanes of McPherson Boulevard from Summer Creek Drive to Willow Branch Way and the extension of Summer Creek Drive from Risinger Road to McPherson Boulevard. Interlocal Aareement Transportation Bond 2006-2007 05-21-1 2 A03 : 23 IN Page 1 06-18-12 Pu4:34 IN 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 will notify 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" III. TERM This agreement will conclude with the ending of the current fiscal year unless terminated sooner per Section XI of this agreement. IV. COST COUNTY agrees to reimburse up to $500,000 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 Transportation Bond 2006-2007 Page 2 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 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. 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 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. VIII. 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. 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, Inlerlocal Aareement TransWptation Bond 2006-2007 Page 3 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 Fort Worth, Texas 76196 APPROVED on this day the Tarrant County. TARRANT COUNTY STATE OF TEXAS County Judgve omm*-sioner, Precinct 1 CITY: City Manager City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 4`' day of _�C� , 20_L�P, by Commissioners Court Order No. CITY O'j 1k F rnando4sta 4116 (Zr Assistant City Manager Interlocal Agreement Transportation Bond 2006-2007 A J. Kayser, City CER7YFIC,4 TION OF A VAILABLE FUNDS IN THE $ 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 $ Fiscal year ending September 30, 2011 $ Fiscal year ending September 30, 2012 $ AMOUNT OF All future years funding is continaent on future debt issuance and renewal of this contract 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 APPROVE TO F District Attor ey's Office* $500,000 $ $ $500,000 *By law, the District Attorney's 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). Interlocal Aareement Transgartation Fond 2006-2007 Page 5 ATTACHMENT A Proiect Information City: City of Fort Worth Project Name: McPherson Drive construction of westbound lanes Proposed Proiect Schedule Start Date Duration (mo) End Date Design: - - - ROW Acquisition: - - Utility Relocation: - - - Construction: Mar-2012 9 Dec-2012 * 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 Pavment by Phase Design: $ ROW Acquisition: $ Utility Relocation: $ Construction: $500,000 County Funding Total: $500,000 Proposed County Pavment by Calendar Ouarter (SUBJECT TO CHANGE) 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 2007 $ $ $ 2008 $ $ $ $ 2009 $ $ $ $ 2010 $ $ $ $ 2011 $ $ $ $ 2012 $ $ $ $ 2013 $500,000 $ $ $ 2014 $ $ $ $ 2015 $ $ $ $ 2016 $ $ $ $ Interlocal Aareg n=nt Transuortation Bond 2006-2007 Page 6