The URL can be used to link to this page

Home My WebLink About2000-054P WLOre CWI GLl rpxemHW innmeMMbnvlael 10 a Lew blvdd o NOTE Amendment to Interlocal Agreement - Ordinance No. 2001-172 ORDINANCE NO 6'60-07 AN ORDINANCE AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT FOR ROAD CONSTRUCTION FOR LAKEVIEW BOULEVARD BETWEEN THE CITY OF DENTON AND DENTON COUNTY, TEXAS, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I The Mayor or City Manager is authorized to execute an Interlocal Cooperation Agreement for Road Construction for Lakeview Boulevard between the City of Denton and Denton County, Texas under the terms and conditions contained within this Agreement, which is attached hereto and made a part hereof SS!; TION II That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the IJ tl2 day of �� 12000 ATTEST, JENNIFER WALTERS, CITY SECRETARY m APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY DEN CO DIST RTTY Fax 940-565-5598 Feb 4 2000 14 20 P 06 IIx1COMI7:A01TICMCAY al'M��Y�Y� 11v0 IW a,MMAOo LWY lloa'�� THE STATE OF TEXAS COUNTY OF DENTON WHEit'AS, tkus agreement is made and entered into by and between the City of Denton, Texas, a political subdivision of the State of Texas, hereinafter referred to as "City" and Denton County, Texas, a corporate and political body under the laws of the State of Texas, hereinafter referred to as " County" for purposes of the completion of certain road construction hereinafter referred to as the "Project " WHEREAS, City and County mutually agree to be subject to the provisions of V.T C.A , (iovemment Code, Chapter 791, the Interloeal Cooperation Act, and WHEREAS, City and County desire an early completion of the Project, and WHEREAS, City desires the puncipation of County rn the Project as authorized by V,T C A., Transportation Code, Section 251012, WHEREAS, each party paying for the performance of governmental :ftmQtions as provided for in this agreement, shall make those payments from current revenues available to to paying party, ICA.Denton.Lakeview Boulevard 1 DEN CO DIST RTTY Fax 940-565-5598 Feb 4 2000 14 20 P 07 o,exmmtJll,AN„�AC7TICnICW',,Ml"t WAV" la Mmn9m, WHEREAS, County has provided funding for several road projects within the limits of City through and as part of the January 1999 Better Safer Roads Bond Program NOW, THEREFORE, THIS AGREEMENT is hereby made and entered into by County and City upon and for the mutual consideration stated herein I The term of this Agreement is twelve (12) months beginning on the date of execution of tlus agreement This Agreement may be renewed annually by mutual agreement of the parties II City hereby requests the assistance of the County in constructing the road project, Lakeview Boulevard The County hereby requests the City to secure a contract for the construction of Lakeview Boulevard, The City will provide all project inspections and approve all payments, including requested funding from the County, as ROW and construction invoices are received. III, Pursuant to VJ CA., Government Code Section 791,011, the parties hereto agree that the purpose of this Agreement is to ensure that certain goverrunontal functions and services in the area of streets, roads and drainage are perforated The parties hereto further agree that each of them is authorized to perform the junctions and services individually ICA Denton.L01mviOw Boulevard 2 DEN CO DIST RTTY Fax 940-565-5598 Feb 4 2000 14 20 P 08 H1MY UocnNlonIMIWC017TP�CING�ChY ePDenbAWYlvlew YlYd In bo1,117b4 IV, As required by V T CA , Transportation Code Section 251 012 and as evidenced by the signature of the City's representative below, the governing body of City by the execution of and approval of this Agreement, approves the expenditure of county money to participate in the funding of the Project in an amount not to exceed $798,106-00 V City further agrees that it shall be solely responsible for payment, not to exceed $799,106.00 of all expenses related to completion of the Project, City shall seek reimbursement for expenses related to the completion of the Project from County as set forth below VI, As City proceeds in the completion of the Project, it shall submit to the Denton County Auditor, at 301 East McKinney Street, Denton, Texas 76201, invoices on a monthly basis for reunbursement and County shall reimburse City for all expenditures related to this project within Thirty (30) days of receipt of these invoices Attached to this Contract is a certification by the County Auditor that the County shall include the sum of Seven Hundred Ninety Eight Thousand One Hundred Six ($ 798,106 00) Dollars in its budget and that this amount shall be itemized, set aside and approved by the Denton County Commissioners Court to be expended for the project that is the subject of this Agreement, Reimbursement from County to City shall not exceed the sum of seven Hundred Ninety Eight Thousand One hundred Six ($ 798,106 00) Dollars ICA Denton,Lakeview Boulevard 3 DEN CC DIST ATTY Fax 940-565-5598 Feb 4 2000 14 21 P 09 BMry puuuNalM��C1RMCTIUCAK'llr,tumroedWwl,w uvd Iw P�nmSOm VII, This Agreement may be terminated in whole or in part by the County or City upon thirty (30) days' written notice to the other party setting forth a substantial failure by the defaulting party to fulfill its obligations under this agreement through no fault of the terminating party Provided, however that no such termination may be affected unless the defaulting party is given (1) written notice delivered by certified mail, return receipt requested of intent to terminate setting forth the substantial failure to perform, (2) not lees than thirty (30) calendar days to cure the failure, and (3) an opportunity for conaultatmon with the terminating party pnor to termination In the even of termination by the County, County shall reimburse the City for all invoices submitted up to and including the date of termination Notices shall be directed as follows For City Jack Miller Mayor, City of Denton 215 E McKinney St. Denton, Texas 76201 For County Kirk Wilson Denton County Judge 110 East Hickory Denton, Texas 76201 With a copy to, District Attorney's Office/Civil Division 1450 East McKinney P O Box 2850 Denton, Texas 76201 ICA Denton Lakeview Boulevard 4 DEN CC DIST RTTY Fax 940-565-5598 Feb 4 2000 14 21 P 10 ev4y oaumrwmnce�rncrwMunvauauw�pwem. ew is umwmdw VIIL The covenants, conditions and terms hereof are to be construed under the laws of the State of Texas and are performable by all parties in Denton County, Texas The parties mutually agree that venue for any obligation ansing from this Agreement shall lie in Denton, Denton County, Taxes, DC This writing is intended by the parties as a final expression of their agreement and as a complete and exclusive statement of the terms of their agreement This Agreement can be modified or rescinded only by writing signed by both of the parties or their duly authorized agents R9 This Agreement is not intended to extend the lability of the parties beyond that provided by law Neither County nor City waives, nor shall be deemed hereby to waive, any mtmunity or defense that would otherwise be available to it against claims arising by thud parties Kc In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and affect to the extent possible ICA Denton Lakeview Boulevard S DEN CO DIST RTTY Fax 940-565-5598 Feb 4 2000 14 21 P 11 wy 0wm=WIW0=ACTWCAW1Y00wpou4dwP*tl 'M dwUM X1I The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other that any and all necessary resolutions extending said authority have been duly passed and are now in full force and affect EXECUTED in duplicate originals thins the 4 day of 4L" 2000, by the City of Denton pursuant to the City Council Resslatierrpassed" and by the County of Denton pursuant to the Commissioners Court Order #' COUNTY Denton County, Texas 110 West Hickory Denton, Texas 76201 By 6WV n Kirk Wilson Denton County Judge Acting on behalf of and by authority of the Commissioners Court of Denton County, Texas Attest. Cynthia Mitchell, County Clerk ICA Denton Lakeview Boulevard CITY City of Denton. Texas 215 East McKinney Street Denton, Texas 76201 By Ho J filler Mayor, City of Denton Acting on behalf of and by authority of the City Council of Denton, Texas Attest' Jennifer Walters City Secretary E DEN CO DIST RTTY Fax 940-565-5598 Feb 4 2000 14 21 P 12 twroewe.nNms!W1+tLLnC7Y11CA`C��r aPPnnauw,w�..�� in aniaoux Approved as to form Oil Approved as to form. HEI2BBRT CITY AW 0 I hereby certify that pursuant to Commissioners Court order # City Attorney funds will be available in the amount Seven Hundred Ninety Bight Thousand One Hundred Six (S 798,106.00) Dollars to accomplish and pay the obligation of Denton County, Texas under this Agreement James Wells, County Auditor ICA Denton Lakeview Boulevard 7 3 �nm DocvmmisWNL�meroWlVmalttelAmmdmme LwY .D]w 4. ORDINANCE NO dvVI' 1, AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO AN INTERLOCAL COOPERATION AGREEMENT FOR ROAD CONSTRUCTION FOR LAKEVIEW BOULEVARD BETWEEN THE CITY OF DENTON AND DENTON COUNTY, TEXAS, ALLOWING PAYMENT OF OVERAGE EXPENSES BY COUNTY, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the city council approved by Ordinance 2000-54 the execution of an interlocal agreement with the County of Denton, Texas for road construction for Lakeview Boulevard, and WHEREAS, the road construction had overage expenses, thereby, necessitating an amendment to the agreement for payment by the County, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The Mayor or in her absence the mayor pro -tern is authorized to execute an amendment to the Interlocal Cooperation Agreement for Road Construction for Lakeview Boulevard between the City of Denton and Denton County, Texas under the terms and conditions contained within this Amendment, which is attached hereto and made a part hereof SECTION 2 That this ordinance shall become effective immediately upon its passage and approval ,/ PASSED AND APPROVED this the % 1th day of 2001 __e A� EUCIN—EBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY It APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY THE STATE OF TEXAS COUNTY OF DENTON AMENDMENT NO 1 TO THE INTERLOCAL COOPERATION AGREEMENT BETWEEN DENTON COUNTY TEXAS AND THE CITY OF DENTON FOR LAKEVIEW BLVD THIS AMENDMENT is made and entered into on the date upon which all parties signed this document, by and between Denton County, Texas, a corporate and political body under the laws of the State of Texas, hereinafter referred to as "County" and the City of Denton, Texas, a political subdivision of the State of Texas, hereinafter referred to as "City" to amend the Interlocal Cooperation Agreement entered into between the parties on February 15, 2000, ("ICA") for purposes of the construction of improvements, to Lakeview Blvd, therein referred to as the "PROJECT", and defined the ICA WHEREAS, under the ICA, the CITY has the obligation to provide all project inspections and approve all payments, including requested funding from the COUNTY and complete the construction of the project, and WHEREAS, under the ICA, the COUNTY agreed to pay to the CITY an amount not to exceed $795,106 00 for the construction costs of the Project, and WHEREAS, the COUNTY has made all payments required to be paid under the ICA, and WHEREAS, the Project experienced overages in the construction costs which totaled $10,569 46, and Amendment to ICA for Lakeview Boulevard 1 NOW, THEREFORE, COUNTY AND CITY, for the mutual consideration hereinafter stated, agree and understand as follows A new Section XIII shall be added which reads as follows The COUNTY hereby agrees to reimburse the CITY the additional amount of $10,569 46 for the overage expenses related to the completion of the Project as itemized on exhibit "A" All payments shall be from current revenues available to the paying ply All other terms and conditions of the ICA are hereby affirmed by the parties EXECUTED in duplicate originals COUNTY Denton County, Texas 110 West Hickory Denton, Texas 76201 Attest F'M Denton County Judge Date �—O / Acting on behalf of an authority of the Comir Court of Denton Coun County Clerk CITY City of Denton, Texas 215 East McKinney Street Denton, Texas 76201 Lo C ,ram Pi � Hon Eulme Brock Mayor, City of Denton Date 0/ Acting on behalf of and by authority of the City Council of Denton, Texas �'4* t 1 N (> O,��test B Je fer W ters City Secretary Amendment to ICA for Lakeview Boulevard 2 Approved as to content BY jjjjjj��4 Kell Zw gg,, Director o c Works APPROVED AS TO FORM: By R�ert-3chel}-- Assistant D�stnct Attorney APPROVED AS TO FORM Herbert L Prouty City Attorney 0 AUDITOR'S CERTIFICATE I hereby certify that pursuant to Commissioners Court order # (/ -d vy 5'�VLrdr j-ft40jAr4Nn N�Nf-Gi & funds will be available in the amount Ten Thousand Five Hundred Sixty Nine and 0�//e? i7,ofS'Ilda) 46 b0 ($ 10,569 4b) dollars to accomplish and pay jhe obligation of Denton County, Texas under this Agreement Amendment to ICA for Lakeview Boulevard Engineering & Transportation EXHIBIT A TO Innovative Transportation Solutions, Inc 2309 Spnnglake Suite 630 Dallas, Texas 75234 Attn John R Polster Lakeview Boulevard Paving and Drainage Bid #2455 ACCOUNT DUE UPON RECEIPT PLEASE RETURN THIS INVOICE WITH PAYMENT AMOUNT Lakeview Boulevard Paving and Drainage Overview Value $8,324 46 Alliance Geotechnical Group invoice # C00-0401-185 dated 06/26/00 Professional services for miscellaneous testing $770 00 Alliance Geotechnical Group invoice # COO-0401-265 dated 08/22/00 Professional services for miscellaneous testing $1 47500 Total $10,569 46 Attention Greg Blackstone Supervisor of Engineering Techs Inspections Engineering UAL 8. Transportation To John Polster, Innovative Transportation From Greg Blackstone, Engineering Tech II/Inspections Date October 31, 2000 Re Lakeview Boulevard Paving and Drainage r ITEM# ITEM OVERAGES REDUCTIONS CONTRACT AMT $798,106 00 2 12 3 A 1 18"class III storm sewer $3,968 00 3 0-C emove remforced cone Pre $600 00 39 Sod $330 oo 5 7-A Type A asphalt $5 97511 5 7-B Type D asphalt $3 256 00 58 Goncrete Pavement $7,100 00 7 6-A 6 1 Y inlet 7 6 A-9 Type C headwall $2,000 00 $1 500 00 8 3-A I Concrete driveway $1 14975 8 3 B 8 3 C Concrete walks and ramps 5tampetl/Colored concrete $3,708 00 $4,533 60 TOTAL $21,222 46 512,898 00 I REVISED TOTAL 1$8,324 46 I$806,430 46 1 Jagoe Public has submtned penodtcal estimate number 7 for payment Jagoe has also submitted a final estimate that reflects the same total quantities as estimate number seven to recover the retamage The above is an overview of the changes to the estimated quantities In the overview the final quantities are over the ongmal estimate by $8,324 46 or 1 043 % Tlus makes the revised total of the Lakeview Boulevard Project $806,430 46 Pl7sevise if you need father information Gre Bld kstone Supervisor of Engineenng Techs Inspections "Dedicated to Qvahty Semce Wunv n/yofArnlou rnnr 1vo to Ne rx STreaQ Swte 202 - Dallas Teras 75220 - Phone (972) 444.8889 Fax (972) 444-8893 INVOICE TO City of Denton City Hall West 221 N Elm Denton Texas 76201 ATTN Mr Greg Blackstone Fax 940.349-8376 Phn 940-349-8368 PROJECT Lakeview Blvd - Denton, Texas PROJECT NUMBER C00-0401 ' INVOICE DATE 25-Jun-0O $7 0 00 INVOICE NUMBER C00 0401 185 PURCHASE ORDER # 6223 PLEASE INCLUDE REMITTANCE PROFESSIONAL SERVICES FOR THE PERIOD FROM 3123100 TO 04122100 COPY WITH PAYMENT REPORT # TECH I DATE DESCRIPTION OTY UNIT UNIT PRICE TOTAL 5 SR 617 in -Place Densities 10 ea $20 00 $ 20000 " Technician Time 4 his $32 50 $ 13000 " Transportation Charge 1 tr $20 00 S 2000 7 6/5 Cylinders by City Inspector 8 ea $12 50 $ 10000 Set # 1 and # 2 BP 6/6 Cylinder Pick Up Time 2 hrs $32 50 $ 6500 Transportation Charge 1 it $20 00 $ 2000 8 6/7 Cylinders by City Inspector 4 ea $12 50 $ 5000 Set # 4 9 6/9 Cylinders by City Inspector 4 ea $12 50 $ 5000 Set # 3 11 6114 Cylinders by City Inspector 4 ea $12 50 $ 5000 Set # 5 GF 6/13 Cylinder Pick Up Time 2 hrs $32 50 $ 6500 j " Transportation Charge I 1 Ir $20 00 $ 2000 DUE UPON RECEIPT PLEASE INCLUDE INVOICE REMITTANCE COPY Total S 77000 WITH PAYMENT Thank You, We Appreciate your Business MANAGER APPROVAL S/ 10510 No~ Sheet We 202 - Dallas, Texas 75220 Phone (972) 444-8889 Fax (972) 444-8893 INVOICE TO• City of Denton City Hall West 221 N Elm Denton, Texas 76201 AWN Mr Greg Blackstone Fax 940-349-83TO Phn 940.349.8358 PROJECT Lakeview Blvd - Denton, Texas een iCCT mltulkFe Cnf1 04Q1 INVOICE DATE 22^Aug-00 INVOICE AMOUNT $1,475 00 INVOICE NUMBER Coo-0401.265 PLEASE INCLUDE REMITTANCE PROFESSIONAL SERVICE$ FOR THE PERIOD FROM 7122/00 TO t IXI COPY WITH PAYMENT REPORT 0 TECH DATE DESCRIPTION CITY UNIT UNIT PRICE TOTAL 12 FM 7/24 In -Place Densities 4 ea $20 00 $ 8000 ^ Technician Time 3 hrs $32 50 $ 9750 ^ Transportation Charge 1 it $20 00 $ 2000 13 FM 7125 In -Place Densities 4 ea $20 00 $ 8000 " Technician Time 3 his $32 50 $ 9750 " Transportation Charge 1 tr $20 00 $ 2000 14 FM 7/31 In -Place Densities 4 ea $20 00 $ 8000 " Technician Time 3 hrs $32 50 $ 9750 Transportation Charge 1 tr $20 00 $ 2000 ME 8/8 Sample Pick Up for Proctor 2 hrs $32 50 $ 6500 " Transportation Charge 1 it $20 00 $ 2000 15 KM $/10 Proctor #5 1 ea $125 DO $ 12500 " " Atterberg Limits 1 ea $40 00 $ 4000 16 DR 8/11 In -Place Densities -Sample P U 4 ea $20 00 $ 8000 " Technician Time 3 his $32 50 $ 9750 " Transportation Charge 1 tr $20 00 $ 2000 17 KM 8112 Proctor #6 1 ea $125 00 $ 12500 " Atterberg Limits 1 ea $40 00 $ 4000 18 8/15 Cylinders by City Inspector 4 ea $12 50 $ 5000 Set # 6 FM 8116 Cylinder Pick Up Time 2 hrs $32 50 $ 6500 Transportation Charge 1 tr $20 00 $ 2000 19 8/17 Cylinders by City Inspector 4 ea $12 50 $ 5000 Set 1117 FM 8/16 Cylinder Pick Up Time 2 his $32 50 $ 6500 " Transportation Charge 1 tr $20 00 $ 2000 DuE UPON RECEIPT PLEASE INCLUDE INVOICE REMITTANCE COPY Total $ 71477 ]00 WITH PAYMENT Thank You, We Appreciate your Business MANAGER APPROVAL TOTAL P 05