HomeMy WebLinkAboutContract 59062 CJTY SECRET'
STATE OF TEXAS § Funding Interlocal Agreemen or;� rya
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§ Camp Bowie Boulevard Improvements
COUNTY OF TAR-RANT §
This interlocal agreement (ILA) is entered into between Tarrant County, Texas, hereinafter
referred to as the "COUNTY", and the City of Fort Worth, hereinafter referred to as the "CITY",
and collectively referred to as the"parties", for the purpose of providing funding through the Tarrant
County 2006 and 2021 Transportation Bond Program (TBP) to 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 promotes the public welfare of the
citizens of Tarrant County.
The COUNTY and the CITY make the following findings of fact:
l. This ILA is made pursuant to Chapter 791 of the Texas Government Code and the Tarrant
County 2021 Transportation Bond Program Policy, as amended;
2. To the extent necessary,the parties will use current revenues to pay obligations in this ILA;
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
ILA;
5. The division of costs provided in this ILA constitute adequate consideration to each party;
and
6. Both parties acknowledge they are each a"governmental entity"and not a"business entity"
as those terms are defined in Texas Government Code Section 2252.908, and therefore, no
disclosure of interested parties is required.
I.
PROJECT DESCRIPTION
This project, hereinafter referred to as the "Project", will consist of the extension of brick
pavement on Camp Bowie Boulevard from Montgomery Street to University Drive using salvaged
historic brick pavers. Other improvements will include subgrade treatments, new sidewalks,
pedestrian ramps, pavement marking and signs, roadway drainage, water and sewer manhole and
valve adjustments, and concrete pavement at turn lanes, pedestrian crossings, and non-brick areas.
Landscaping and illumination are also proposed but are not eligible for reimbursement.
II.
SCOPE OF SERVICES PROVIDED BY CITY
The services to be provided by the CITY shall include, but are not limited to..th7]ECORD
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Camp Bowie Blvd. Improvements Funding ILA: 2021 Transportation Bond Program I CITFT
A. All total project costs including construction, right of way acquisition, utility relocation,
engineering, planning, surveying, and governmental approval costs (collectively referred to
as "Costs");
B. Following project completion, the CITY will provide the overall total project cost summary
with final cost share between funding partners;
C. Construction agreement administration, site review, permitting, and inspection;
D. The CITY agrees to facilitate the efficient operations of the Project through ongoing
transportation system maintenance efforts, including signal timing optimization as
applicable;
E. Interagency coordination, including CITY notification to the North Central Texas Council
of Government (NCTCOG) and the COUNTY of any amendments or modifications to
NCTCOG's Transportation Improvement Program (TIP);
F. A detailed quarterly project schedule documenting the percent complete for each major
component of the Project shall be provided to the COUNTY;
G. The CITY agrees to invite the COUNTY to any project groundbreaking or ribbon cutting
events; and
H. The CITY will include the following language on all public notices, web pages, and on-site
signage related to the Project:
"This project is funded by the City of Fort Worth and the Tarrant County Commissioners
Court through the Tarrant County 2006 and 2021 Transportation Bond Programs."
M.
TERM
This ILA shall become effective upon the approval of both parties and shall terminate on
September 30, 2023, unless terminated as described in Section XIII in this ILA or extended in
writing and approved by both parties.
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 ILA,then the
affected party will immediately notify the other party of such occurrence and this ILA 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.
Camp Bowie Blvd. Improvements Funding ILA: 2021 Transportation Bond Program Page 2
V.
REIMBURSEMENT PROCESS
The COUNTY agrees to reimburse the CITY for actual eligible project costs in an amount not
to exceed $2,690,000.00. The COUNTY's reimbursement will be in accordance with the
reimbursement schedule shown in Attachment A. Any reimbursement request from the CITY
should include: 1) a copy of the invoice or billing for design services, right-of-way acquisition
purchase, and construction; and 2)a copy of the check, a certification letter, or other documentation
to verify the CITY's proof of payment. The final reimbursement payment to the CITY will be
contingent upon the City Manager or Mayor providing written notification to the COUNTY that the
Project is complete along with identification of final project costs.
The CITY understands that the CITY will be responsible for cost overruns and any other
expenses incurred by the CITY in performing the services described herein.
VI.
AGENCY-INDEPENDENT CONTRACTOR
Neither the COUNTY nor any employee thereof is an agent of the CITY, and neither the CITY
nor any employee thereof is an agent of the COUNTY. This ILA 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.
The COUNTY will have no right to control the manner or means of construction of the CITY's
contractor for this Project.
VII.
ASSIGNMENT
Neither party may assign, in whole nor in part, any interest it may have in this ILA without the
prior written consent of the other party.
VIII.
THIRD-PARTY BENEFICIARY EXCLUDED
No person other than a party to this ILA may bring a cause of action pursuant to this ILA as a
third-party beneficiary. This ILA may not be interpreted to waive the sovereign or governmental
immunity of any party to this ILA to the extent such party may have immunity under Texas law.
IX.
AUDIT OF RECORDS
The CITY's records regarding this Project shall be subject to audit by the COUNTY during the
term of this ILA and for five years after the completion of the Project.
Camp Bowie Blvd. Improvements Funding ILA: 2021 Transportation Bond Program Page 3
X.
ENTIRE AGREEMENT
This ILA represents the entire understanding of and between the parties and superseded all prior
representations. This ILA may not be varied orally but must be amended by written document of
subsequent date duly executed by these parties.
XI.
VENUE
This ILA shall be governed by the laws of the State of Texas and venue for any action under this
ILA shall be in the district courts of Tarrant County, Texas.
XII.
SCHEDULING
The CITY agrees that the COUNTY retains control over the reimbursement schedule identified
in Attachment A. The COUNTY agrees to notify the CITY of any changes to the reimbursement
schedule 30 days in advance, if such changes are the result of COUNTY requirements. Such
notification will be in the form of written correspondence by e-mail or regular mail.
XIII.
TERMINATION
Until funded by the COUNTY as described in Section V, this ILA 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. Such notice shall be deemed given when personally delivered or mailed by certified
or registered mail (with return-receipt and postage prepaid) and addressed to:
COUNTY: CITY:
County Administrator City Manager
Tarrant County City of Fort Worth
100 E. Weatherford Street, Ste. 404 1000 Throckmorton Street
Fort Worth, Texas 76196 Fort Worth, TX 76102
XIV.
SOVEREIGN POWERS
The COUNTY and the CITY agree and understand neither Party waives nor surrenders any of
its governmental powers by execution of this ILA.
Camp Bowie Blvd. Improvements Funding ILA: 2021 Transportation Bond Program Page 4
APPROVED on this day the day of(-)C tf-M - , 2022, by Tarrant County.
Commissioners Court Order No.1
TARRANT COUNTY, TEXAS CITY OF FORT WORTH
r
B. Glen Whitley, County Judge ���� �'
t
APPROVED AS TO FORM.•
Criminal District Attorney's Office* CityAttorney
vu(-t. t3-(Uo t Z 3
* By law,the Criminal District 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.
CERTIFICATION OF AVAILABLE FUNDS IN THE AMOUNT OF:
$ as follows:
Fiscal year ending September 30, 2023: $0.00
Fiscal year ending September 30, 2024: $ 992,026.00 (2006 TPB Discretionary—Pct 4)
$ 357,974.00 (2021 TPB Discretionary—Judge)
Fiscal year ending September 30, 2025: $1.340,000.00 (2021 TPB Discretionary—Judge)
-----------------
$2,690,000.00
Auditor's Office
0FROAL 4rjECORD
CITY SECRETARY
FT. WORN,TX
Camp Bowie Blvd. Improvements Funding ILA: 2021 Transportation Bond Program Page 5
ATTEST:
J ette Goodall
y Secretary
, OF'Fp
00
OFFICIAL RECORD
CITY SECRETARY
ATTACHMENT A
Proiect Information
Jurisdiction: City of Fort Worth
Project Name: Camp Bowie Boulevard Improvements
Project Schedule (by month/year)
Start Date Duration (mo.) End Date
Design: - - -
ROW Acquisition: - - -
Construction: Jan-24 18 Jun-25
County Payment by Phase*
Design: $0.00
ROW Acquisition: $0.00
Construction: $2,690,000.00
TOTAL: $2,690,000.00
TBP Funding Category: 2006 Discretionary—Pct 4 ($992,026.00)
2021 Discretionary—Judge ($1,697,974.00)
*Invoice Schedule
Design = Completion of Design Phase
ROW Acquisition = Completion of Property Acquisition and/or utility relocation
Construction =Monthly or quarterly throughout the construction period.
Reimbursement payments will be issued by the COUNTYfor eligible expenses incurred
during the Fiscal Year for which bond funds are certified by the Tarrant County Auditor.
2006 TBP Reimbursement Schedule by Fiscal Year Quarter(SUBJECT TO CHANGE)
I st Quarter 2nd Quarter 3rd Quarter 4th Quarter Total
FY2024 1 $0.00 $450,000.00 $450,000.00 $92,026.00 1 $992,026.00
2021 TBP Reimbursement Schedule by Fiscal Year Quarter(SUBJECT TO CHANGE)
1 st Quarter 2nd Quarter 3rd Quarter 4th Quarter Total
FY2024 $0.00 $0.00 $0.00 $357,974.00 $357,974.00
FY2025 $450,000.00 $450,000.00 $440,000.00 $0.00 $1,340,000.00
Camp Bowie Blvd. Improvements Funding ILA: 2021 Transportation Bond Program Page 6