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Home My WebLink About2000-054 P WLored�deglLOL\0ur Irkmew hlvd doe NOTE Amendment to Interlocal Agreement - Ordinance No. 2001-172 ORDINANCE NO Od%-0 AN ORDINANCE AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT FOR ROAD CONSTRUCTION FOR LAKEVII$W 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 SECTION II That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the /J t!Z day of , 2000 JACfM LER, MAYOR ATTEST, JENNIFER WALTERS, CITY SECRETARY BY AAA jz,�— APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY DEN CO DIST RTTY Fax 940-565-5598 Feb 4 200C 14 20 P 06 ,W,uoo„r 1�euovn Aors cMcnv w� a tw ti'" lGk d"01`1-W THE STATE OF TEXAS COUNTY OF DFNTON BEI D NTON CQUNT Y,� WHERBAS,this agreem®nt 16 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, Texa, 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, ooven-a=t Code, Chapter 791,the Interlocal Cooperation Act,and WHEREAS, City and County desire an early completion of the Project; and WHEREAS,City desires the p=clpation of County in the Project as authorized by VT C A., Transportation Code, Secuon . 012, WHEREAS, each party paying for the performance of governmental functions as provided for m this agreoment, shall =ake those payments from current revenues available to the paying patty, 1 ICA.Denton.Lakeview Boulevard DEN CO DIST RTTY Fax 940-565-5598 Feb 4 2000 14 20 P 07 MIUV0Wh6 tM*=MAC%1CAMotDe4nhwlerblW lmOrWnlnoa WHEREAS, County has provided funding for seyoral road projects witkun the luxuts of City through and as part of the January 1999 Better Safer Roads Bond Program NOW, THEREFORE, THIS ACrREEMFNT 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 beguimng on the date of exeoution of this agreement This Agreement may be renewed annually by mutual nmoment of the parties IL City hereby requests the assistance of the County m constructing the road project, Lakeview Boulevard The County hereby requests the City to secure a contract for the C*nstruction of Lakeview Boulevard, The City will provide all project inspections and approve all payments, including requested funding from the County, as I'0W and constzuctaon invoices are received. III. pursugat to VJ CA., Government Code Section 791,011, the parties laoreto agree that the purpose of this Agreement is to ensure that cert%M Bove rnMental fmottons and services in the area of streets, roads and drainage are performed The pasttos hereto AIrther agree that each of theme is authorized to perform the functions and services individually ICA Denton.Lakevtew Boulevard 2 DEN CO DIST ATTY Fax 940-565-5598 Feb 4 200C 14 20 P 08 B VAS hoc+UlonlWrlaAC01Tl$AC1'R1CA1ChY oP 9enaiIN1Y4'lav b`•vd .0 d,oHn70ea IV. As required by V T C.A, 'Transportation Code Section 251 012 and as evidenced by the slgnature 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 $798,106,00 of all expenses related to completion of the Project, City shall seep reimbursement for expenses related to the completion of the Project from County as set forth below V1. As City proceeds in the completion of the Protect, it shall submit to the Denton County Auditor, at 301 East 'McKinney Street, Denton, Texas 76201, invoices on a monthly basis for reunbursement and County shall reimburse City for all expenditures related to this project witlun Thirty (30) days of receipt of these invoices Attached to this Contract is a certification by the County Auditor that the County shall include the sure of Seven Hundred Ninety Eight Thousand One Hundred Six ($ 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 expanded for the pro}mt that is the subject of this Agreement. Reimbursement from County to City shall not exceed the surn of Seven Hundred:*Ninety Eight Thousand One Hundrrod Six($ 798,106 00) Dollars ICA Denton.Lakeview Boulevard 3 DEN CC DIST RTTY Fax 940-565-5598 Feb 4 2000 14 21 P 09 p�pQau�RIinICOMAACTIUCAVC4rN0,nro�dW,vl,wblyd I,nd,m,nld,a VII, Thu 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 agrooment(tough 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 marl, return receipt requested of intern to terminate sottmg forth the substantial failure to perform, (2) not lees than thirty (30) calendar days to cure the falure, and (3) an opportunity for consultation with the terminating party prior 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,Tem 76201 With a copy to, District Attorncy's OfflWCivil Division 1450 East McKinney P O Box 2850 Denton,Texas 76201 ICA Denton Lakeview Boulevard 4 DEN CC DIST AM Fax 940-565-5598 Feb 4 200C 14 21 P 10 evar ooaurr�m+nunca:vnnrn+sc�cnv otwraatJa��w uroa '.a mubmdv. VIII. The Covenants, conditions and terms hereof are to be construed under the laws of the State of Texas and are performable by all part:es in Denton. County, Texas The parties mutually agree that venue for any obligation ansing from this Agreement shall lie in Denton,Denton County,Texas, 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 wnting signed by both of the parties or their duly authorized agents X This Agreement is not intended to extend the liability of the parties beyond that provided by law Neither County nor City waives, nor shall be deemed hereby to waive, any inununity or defense that would otherwise be available to it against claims arisizag by third parties XI 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 effect to the extent possible ICA Denton Lakeview Boulevard S DEN CO DIST RTTY Fax 940-565-5598 Feb 4 2000 14 21 P 11 F1MyDeaimmWUaICOhR1AC1'4�iCAGliyotDugouJYovlw4lra Md:nen9doo XII The undersigned officers and/or agents of the parties hereto axe the properly authonzed 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 am now in full force and effect EXECUTED in duplicate originals this, the 'gay of 02di�� 2000, by the City of Denton pursuant to the City Council lAGekatierrpassed� and by the County of Denton pursuant to the Commissioners Court Order 0- COUNTY CITY Denton County, Texas City of Denton,Texas 1 10 West Hickory 215 East McKinney Street Denton, Texas 76201 Denton,Texas 76201 By By n Kirk Wilson Ha Ja a filler Denton County Judge Mayor, City of Denton ,Acting on behalf of and by Acting on behalf of and by authority of the Commissioners authority of the City Court of Denton County, Texas Council of Denton,Texas Attest. Attest- Cynthia Mitchell, County Clerk Jennifer Walters City Secretary By. � By ICA Denton Lakeview Boulevard 6 DEN CO DIST RTTY Fax 940-565-5598 Feb 4 200C 14 21 P 12 �wypowe�tMI1a1COHYhACfbllCA4Cl�raPPuaaNY,ww,�d mun,w,wx Approved as to form Approved as to form. HERBERT L PROUTY jid�� CITY Y By By Rd, rt Scholl ssistant District Attorney Assi t Cxty Attomey AUDITO "$CERJIFICATF I hereby certify that pursuant to Commissioners Court order# funds will be available in the amount Seven Hundred Ninety Eight 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 j ICA Denton Lakeview Boulevard 7 &\Oiu oocumeotaOrdlnmaalDlVmarlxal Amanmmt Lakeview Blvd 4m ORDINANCE NO 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-tem 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 �'' ff PASSED AND APPROVED this the � L day of , 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY �J 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 LAKEVIE BBLVD 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 XIII 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 CITY Denton County,Texas City of Denton, Texas l 10 West Hickory 215 East McKinney Street Denton, Texas 76201 Denton, Texas 76201 By ByAj-�te�E on Scott Armey Hon Euline Brock Denton County Judge `��tli lllllry Mayor, Cit of Denton Date - ��.*`%.So�� R�sC��.,y Date 17 A9/ Acting on behalf of and r • �G $ Acting on behalf of and by authority of the Comma •:�-►= authority of the City Court of Denton Countyy s o Council of Denton,Texas Attest le4o N 0 Q��O` test �lllflll 111\�� BY B is Mitchell Je fer W ters Denton County Clerk City Secretary Amendment to ICA for Lakeview Boulevard 2 Approved as to content APPROVED AS TO FORM Herbert L Prouty City Attorney BY - -` Kell Zw gg1, By Director o c Works APPROVED AS TO FORM: By Assistant District Attorney AUDITOR'S CERTIFICATE I hereby certify that pursuant to Commissioners Court order#(/ --OiL derv�* ~1Y+vµ1ANn AWN 1�i ✓�<f funds will be available in the amount Ten Thousand Five Hundred Sixty Nine and 4 1 00 ($ 10,569 41 ) dollars to accomplish and pay he obligation of Denton County, Texas under this Agreement Ja Wells, County Auditor Amendment to ICA for Lakeview Boulevard 3 -- EXHIBIT A -Engincerin!j : p• • TO Innovative Transportation Solutions, Inc 2"9 Springlake Butte 630 Dallas,Texas 75234 Altn John R Polster Lakeview Boulevard Paving and Drainage Bid#2455 ACCOUNT DUE UPON RECEIPT -PLEASE R TURN IHIS INVOICF 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 Alliancio Geotechnical Group Invoice# C00-0401-265 dated 08/22/00 Professional services for miscellaneous testing $1 47500 Total $10,569 46 Attention Greg Blackstone Supervisor of Engineering Techs Inspections MLIK 14 01 - ' Engineering & Transportation To John Polster,Innovative Transportation From Greg Blackstone,Engineermg Tech H/Inspections Dane October 31,2000 Re Lakeview Boulevard Paving and Drainage r[LEW#---E ITEM OVERAGES REDUCTIONS CONTRACT AMT j] $798,106 00 2 12 3 A jemo 'class III storm sewer $3,968 00 3 0-C ve reinforced conc Pie $600 00 39 1 Sod $330 00 5 7-A Ty pe A asphalt $6 97511 5 7-B Type D asphalt $3 256 00 58 Concrete Pavement S7,10000 7 6-A 6 Y inlet $2,000 00 7 6 A-9 Type C headwall $1 500 00 8 3-A Concrete driveway $1 14975 �8 3 B Concrete walks and ramps $3,708 00 8 3 C Stamped/Colored concrete $4,633 60 TOTAL $21,222 46 $121898 00 REVISED TOTAL $8,324 46 $806,430 46 Jagoe Public has submitted periodical 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 rtainage The above is an overview of the changes to the estimated quantities In the overview the final quantities are over the onginal estimate by$8,324 46 or 1 043% This makes the revised total of the Lakeview Boulevard Pro3ect$806,430 46 Please vise if you need futher information 1 Gre Bl kstone Supervisor of Engineenng Techs Inspections "Dedrealed to Qualrty Service uwu rtlyofVmia»fort 1ve 7u r4o ix Streef, Suite 202-Delfas Teras 75220 - Phone (972) 4444889 Fax (972) 444-8893 INVOICE TO City of Denton I INVOICE DATE City Half West r 26-Jun-00 221 N Elm Denton Texas 76201 ATTN Mr Greg Blackstone $770 00 Fax 940.349-8376 Phn 940-349-8358 INVOICE NUMBER PROJECT Lakeview Blvd -Denton,Texas COO 0401 185 PROJECT NUMBER C00-0401 PURCHASE ORDER# 6223 PLEASE INCLUDE REMITTANCE PROFESSIONAL SERVICES FOR THE PERIOD FROM 3123100TO04122100 COPY WITH PAYMENT REPORT it TECH DATE DESCRIPTION CITY UNIT UNIT PRICE TOTAL 5 SR 617 in-Place Densities 10 ea $20 00 $ 20000 " Technician Time 4 hrs $32 50 $ 13000 " Transportation Charge 1 IF $20 00 $ 2000 7 6/5 Cylinders by City Inspector 8 ea $12 50 $ 10000 Set# 1 and#2 BP 616 Cylinder Pick Up Time 2 hrs $32 50 $ 6500 " Transportation Charge 1 Ir $20 00 5 2000 8 6l7 Cylinders by City Inspector 4 ea $12 50 $ 5000 Set#4 9 619 Cylinders by City inspector 4 ea $12 50 $ 5000 Set# 3 11 6l14 Cylinders by City Inspector a ea $12 50 $ 5000 Set#5 GF 6i13 Cylinder Fick Up Time 2 hrs $32 50 $ 6500 Transportation Charge 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 10810 Newkirk Street,Suds 202-Da##as, Texas 75220 Phone (972)444-8889 Fax (972)444-8893 INVOICE TO' City of Denton 1 7 INVOICE DATE City Hall West 22-Aug-00 221 N. Elm Denton,Texas 76201 INVOICE AMOUNT ATTN Mr Greg Blackstone $1,475 00 Fax 940-349-8376 Phn 940.349-8358 INVOICE NUMBER PROJECT Lakeview Blvd -Denton,Texas C00-0401-265 PROJECT NUMBER C00 0401 PLEASE INCLUDE REMITTANCE PROFESSIONAL SERVICES FOR THE PERIOD FROM 7122100 TO V22100 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 tr $20 00 $ 2000 13 FM 7/25 In-Place Densities 4 ea $20 00 $ 8000 " Technician Time 3 hrs $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 818 Sample Pick Up For Proctor 2 hrs $32 50 $ 6500 " Transportation Charge 1 Ir $20 00 $ 2000 15 KM 8/10 Proctor##5 1 ea $125 00 $ 12500 " Atterberg Limits 1 ea $40 00 $ 4000 16 DR 8111 In-Place Densities-Sample P U 4 ea $20 00 $ 8000 " Technician Time 3 hrs $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 $116 Cylinder Pick Up Time 2 hrs $32 50 $ 6500 ' Transportation Charge 1 Ir $20 00 $ 2000 19 8/17 Cylinders by City Inspector 4 ea $12 50 $ 5000 Set# 7 FM 8/16 Cylinder Pick Up Time 2 hrs $32 50 $ 6500 Transportation Charge 1 tr $20 00 $ 2000 DUE UPON RECEIPT PLEASE INCLUDE INVOICE REMITTANCE COPY Total $ 1 47500 WITH PAYMENT Thank You, We Appreciate your Business MANAGER APPROVAL IOTRL P 05