1988-0992352L
NOTE Contract never signed by the Corps-New Ordinance and contract passed-
Ordinance 89-161
NO
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CONTRACT BETWEEN THE
CITY OF DENTON AND THE UNITED STATES ARMY CORPS OF ENGINEERS FOR
DESIGN AND CONSTRUCTION OF NON-COST SHARABLE RECREATION FACILITIES
AT RAY ROBERTS LAKE, PROVIDING FOR THE EXPENDITURE OF FUNDS THERE-
FORE, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, in order to secure federal funding for the construction
of Ray Roberts Lake, the Cities of Denton and Dallas are required
to sign recreational development contracts with the United States
Corps of Engineers, and
WHEREAS, the United States Corps of Engineers has requested that
the Cities of Denton and Dallas enter into an agreement authorizing
the Corps to design, bid and construct "non-cost sharable" recre-
ation facilities on Ray Roberts Lake, NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the City Council hereby approves and authorizes
the Mayor and City Secretary to execute and attest respectively,
the agreement between the City of Denton and the United States
Corps of Engineers providing for services under the terms and
conditions being contained in said agreement which is attached
hereto and made a part hereof
SECTION II That the City Council authorizes the expenditure
of unds in t e manner and amount as specified in the Agreement
SECTION III That this ordinance shall become effective
imme iate y upon its passage and approval
PASSED AND APPROVED this the day of 1988
RAY ST P NS, AYOR
ATTEST
r
X1_ 14
LEYWALTERS, I SECRETARY
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY ~hl l,syl2/
AGREEMENT BETWEEN
THE U S ARMY CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
UNITED STATES OF AMERICA
AND
THE CITY OF DENTON, TEXAS
FOR DESIGN AND CONSTRUCTION OF
NON-COST SHARABLE RECREATION FACILITIES
AT RAY ROBERTS LAKE
..-2 Adl
THIS AGREEMENT IS MADE AND ENTERED INTO THIS day o
198,f, between the U S Army Corps of Engineers, Department of the Army,
United States of America (hereinafter referred to as the "Corps") and the
City of Denton, Texas (hereinafter called the "City"),
WHEREAS, the construction of the Ray Roberts Lake project (hereinafter
called the "Project") was authorized by the Rivera and Harbor Act of
October 1965, and
WHEREAS, the Engineering Regulation 1165-2-400, as amended, specifies
the coat-sharing requirements applicable to the recreation facilities for
the Project, and
WHEREAS, the City has undertaken to provide the items of cooperation
for the Project, pursuant to the Recreation Development (Contract No
DACW63-80-C-0107) for the Project, dated 15 August 1980, between the Corps
and the City, and
WHEREAS, the City has requested the Corps to design the non-cost
sharable roads and utilities and to incorporate these facilities in the
construction of the Project, which facilitates the providing of local
cooperation, and
WHEREAS, the City has offered to pay the Corps for the necessary
design effort for the non-cost sharable roads and utilities, and has
offered to pay the construction cost of the above non-cost sharable roads
and utilities to accommodate the City's requests as listed below, and
WHEREAS, Texas Parka and Wildlife Department will design the non-cost
sharable buildings as requested by the City, and
WHEREAS, the Secretary of the Army is authorized to accept contributed
funds for the purpose outlined herein by the Civil Functions Appropriation
Act of 1938 (50 Stat 518), 33 USC 701h
NOW, THEREFORE, to advance the public interest and implement the
payment of the aforesaid monies to the United States, the Corps and City
agree as follows
1 The Corps agrees to
a Develop the final contract plans and specifications for the
non-cost sharable recreation roads and utilities in Johnson Branch and
Isles duBois Parks at Ray Roberts Lake, as listed in detail on Exhibit A
b Include construction of the non-cost sharable buildings,
roads, and utilities, as mentioned above, in their advertisement for
construction of recreation facilities for the Project
C Prepare, advertise and award a contract following the effective
date of this agreement
d Provide the City with results of any bid openings, and upon
ascertaining their share of the bid amount, advise them of the initial
-2-
actual amount of funds required for the City's portion of the cost for
construction of the non-cost sharable facilities
2 The City agrees to
gisVv
a Pay the Corps $~9g9A0 within 30 days after this agreement is
executed, that amount to be payment for the City's portion of the cost for
design of roads and utilities as described in paragraph la The payment
shall be made to the "Finance and Accounting Officer, USACE, Fort Worth"
and mailed or otherwise delivered to the Finance and Accounting Officer,
Fort Worth District, U S Army Corps of Engineers, P 0 Box 17300, Fort
Worth, Texas 76102-0300
b Bear 26 percent of the construction cost for the non-cost
sharable recreation facilities described in paragraph Id, this cost shall
be determined by the Corps and shall be based on the bid amounts for the
awarded construction contract and any subsequent contract modifications
c Provide the Government, over the term of construction, the
amounts required as stated in paragraph 2b, including an amount equal to
6 5 percent of the City's portion of the construction cost for the super-
vision and administration of the non-cost sharable buildings, roads, and
utilities during construction The current Government estimate for the
City's portion of the construction costs for the non-cost sharable roads
and utilities is $144,000 which includes the amount for the supervision and
administration as mentioned above
d Provide payment, within 30 days after notification of bid
opening by the Corps, of the anticipated construction cost, as specified in
paragraph 2b, and the supervision and administration cost, as specified in
-3-
paragraph 2c Payment shall be made to the "Finance and Accounting Officer
(FAO), USACE, Fort Worth" and mailed or otherwise delivered to the FAO,
Fort Worth District, U S Army Corps of Engineers, P 0 Box 17300, Fort
Worth, Texas, 76102-0300
g Add to the said amount, such additional sums as the District
Engineer may require within thirty (30) days after notice is sent by the
District Engineer to the City as to the estimated amount of the City's por-
tion of any additional sums required for construction of the non-cost
sharable recreation
3 It is mutually agreed
a That the Corps procurement policies, administrative proce-
dures, and regulations will apply to the construction contracts as it does
in normal Corps administered contracts All directions and instructions to
the construction contractors will be provided by the Corps
b That the Corps will develop the final contract plans and spec-
cifications for the recreation facilities, including the City's request on
the non-cost sharable recreation as stated in paragraph 1
c The City will bear 26 percent of the total cost of added work
and increased project coats including claim and appeal costs arising from
said work The City is not liable for damages due to the fault or negli-
gence of the Corps or its contractors
-4-
IN WITNESS THEREOF, the Corps and the City have executed this
agreement as of the day month and year written above
U S Army Corps of Engineers
Department of the Army
BY
JOHN E SCHAUFELBERGER
Colonel, Corps of Engineers
District Engineer
Date
The City of Denton, Texas
BY n
City of Denton, Texas
-5-
NON-COST SHARABLE FEATURES
TO BE FUNDED BY DALLAS & DENTON
ITEMS
OF WORK
Isle DuBois Park
Johnson Branch Park
Maint
Manager's
Foreman's
Maint
Manager's
Foreman's
Complex
Residence
Residence
Complex
Residence
Residence
Roads & Parking
X
X
X
X
X
X
Fencing
X
X
X
X
X
X
Water Line
X
X
X
X
X
X
Sewer Line
X
X
X
X
X
X
Electric Line
X
X
X
X
X
X
ESTIMATED COSTS
Facilities
$174,563
$259,124
Contingencies, 15%+
25,437
38,876
Total, Construction
200,000
298,000
E&D
15,000
21,000
S&A
14,000
21,000
Grand Total
$229,000
$340,000
NOTES
The $36,000 total for Engineering & Design must be paid to the Corps by Dallas
($26,000) and Denton ($10,000) before initiation of design work
Exhibit A
CERTIFICATE OF AUTHORITY
I, Debra A Drayovitch, do hereby certify that I am the City
Attorney of the City of Denton, Texas, that the City of Denton,
Texas, is a legally constituted public body with full authority and
legal capability to perform the terms of this Agreement between the
United States of America and the City of Denton, Texas, and that
the person who has executed this agreement on behalf of the City of
Denton, Texas, has acted within his statutory authority
IN WITNESS /WHEREOF, I have made and executed this Certificate this
Ya day of, 1988
T)ebra A Drayovitch
City Attorney
Texas State Bar License Num er 00845300
v