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2010-019 L. ORDINANCE NO. 2010-019 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN INTERLOCAL COOPERATION AGREEMENT IN THE AMOUNT OF $5,667,056.50 BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY PRECINCT NO. 4 FOR THE WIDENING AND CONSTRUCTION OF MAYHILL ROAD FROM ITS INTERSECTION WITH COLORADO BOULEVARD NORTH TO U.S. HIGHWAY 380 (UNIVERSITY DRIVE); AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Interlocal Cooperation Agreement (hereafter the "Agreement") by and between the City of Denton, Texas and Denton County Precinct No. 4 referenced herein, was presented to, reviewed by and considered by the City Council at its regularly called meeting of January 12, 2010, and the City Council, considering the consideration and the mutual benefits to be attained by both the City and County of Denton, does hereby approve said Agreement; WHEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby approves the Interlocal Cooperation Agreement between the City of Denton, Texas and Denton County Precinct No. 4 providing for the widening and construction of Mayhill Road from its intersection with Colorado Boulevard.north to U.S. Highway 380 (University Drive); substantially in accordance with the Interlocal Cooperation Agreement which is attached hereto as Exhibit "A" and is incorporated herewith by reference. The City Manager, or his designee, is authorized to execute the Agreement on behalf of the City. The City Manager, or his designee, is authorized to carry out the City's rights and duties under the Agreement. Any prior actions of the City taken pursuant to the Agreement are hereby ratified. SECTION 2. The City Council finds that the Agreement will benefit the City of Denton, Texas and is in the public interest. SECTION 3. The expenditure of funds as called for in the Agreement, is hereby authorized. i SECTION 4. This ordinance shall become effective immediately upon its passage and approval. 2010. 4day of PASSED AND APPROVED this the , r i MARK A. BPf~ROLXGHS, MAYOR i ATTEST: JENNIFER WALTERS, CITY SECRETARY By: e APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY IKDO By: THE STATE OF TE~A.S ~ CaUNTY aF DENTaN § INTERLaCAL COGPERATIGN AGREEMENT BETWEEN DENT4N CaUNTY TEAS AND THE CITY ~F DENTC~N TEAS THIS AGREEMENT is made, entered into and executed ~by and between Denton County, Texas, a political subdivision of the State of Texas, engaged in the administration of county government and related services for the citizens of Denton County, Texas, hereinafter "the County;" and the City of Denton, Texas, a corporate and political body duly organized and existing under the laws of the State of Texas, engaged in the administration of municipal government and related services for the citizens of the City of Denton, Texas, hereinafter "the City." The County and the City are hereinafter collectively referred to as "the Parties." 'WHEREAS, the County and the City mutually desire to enter into this Agreement whereby the City agrees to perform construction of the widening and other improvements to Mayhill Road from U.S Highway 38a University Drive} south to its intersection with Colorado Boulevard within the municipal limits of the City and Denton County Commissioner Precinct #4, hereinafter "the Project;" and WHEREAS, the Interlocal Cooperation Act, Texas Government Code Chapter 791, provides authorization for a local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act and the County and the City hereby mutually agree to be subject to the provisions of the Act; and WHEREAS, the County and the City value the timely completion of the Project which involves roads which are an integral part of the County's road system and the Parties are undertaking the Project to improve safe travel an an improved roadway; and WHEREAS, the County included the widening of Mayhill Road in its 2408 Transportation Road Improvement program STRIP-o8~; and WHEREAS, the City applied for and received approval for the use of Regional Toll Revenue funding proceeds from the State Highway 121 ASH 121} Subaccaunt from the State of Texas for CSI 4918~46~2~6 for the construction of the widening of Mayhill Road; and NaW, THEREFGRE, this Agreement is hereby made and entered into by the County and the City upon and for the mutual consideration stated herein: City of Denton ICA -Mayhill Road Improvements Precinct Faur Fage 1 of 9 WITNESSETH; I. Pursuant to Texas Government Code §791.011, the County and the City hereby enter rota this Agreement in order to perform certain governmental functions and services in the area of streets, goads and drainage. The purpose of this Agreement is to provide a governmental function or service that each party is authorized to perform individually. II. The County and the City hereby agree that the scope of the Project shall be limited to engineering, right-of way acquisition and construction of the widening and other improvements to Mayhill Road from U. S Highway 3 80 University Drive} south to its intersection with Colorado Boulevard Within the municipal limits of the City and Denton County Commissioner Precinct #4. The project's total cost is currently estimated to be FIVE MILLION FOUR HUNDRED FIFTY FOUR THOUSAND ONE HUNDRED FIFTY EIGHT AND 731100 DOLLARS x$5,454,158.73} for engineering, TWELVE MILLION TWO HUNDRED EIGHTY THREE THOUSAND FIVE HUNDRED THIRTEEN AND 701100 DOLLARS x$12,283,513.70} for utilities and rightWof way BROW} acquisition and THIRTY EIGHT MILLION NINE HUNDRED THIRTY TWO THOUSAND EIGHT HUNDRED NINETY THREE AND 581100 DOLLARS x$38,932,893,58} for construction for a total estimated cost of FIFTY SIX MILLION SIX I3UNDRED SEVENTY THOUSAND FIVE HUNDRED SIXTY SIX AND NOI100 DOLLARS x$56,670,566,00} for construction and consulting engineering services, hereinafter "the cost of the Project." III. The County agrees to contribute an estimated sum of TWO HUNDRED SEVENTY TWO THOUSAND SEVEN HUNDRED EIGHT AND NOf 100 DOLLARS ~$272,708.D0} in fiscal year 2010 ~FY 2010} for engineering, SIX HUNDRED FOURTEEN THOUSAND ONE HUNDRED SEVENTY SIX AND NOII DO DOLLARS x$614,176,00} in FY 2011 for utilities and ROW acquisition, and ONE MILLION NINE HUNDRED FORTY SIX THOUSAND SIX HUNDRED FORTY FOUR AND NOI100 DOLLARS x$1,946,644.00} in FY 2012 for construction for a total estimated cost of TWO MILLION EIGHT HUNDRED THIRTY THREE THOUSAND FIVE HUNDRED TWENTY EIGHT AND NO1100 DOLLARS ~$2,833,528.OD} as the County's portion of the required twenty percent ~2D%} local match from Precinct #4 City of Denton ICA Mayhill Road Improvements Precinct Pour Page 2 of 9 toward satisfactory completion of the Project, The City agrees to contribute an estimated sum of Two HUNDRED SEVENTY TwO THOUSAND SEVEN HUNDRED EIGHT AND NO1100 DOLLARS x$272,708,00} in fiscal year 2010 ~FY 2014} for engineering, SIX HUNDRED FOURTEEN THOUSAND ONE HUNDRED SEVENTY SIB AND NO1100 DOLLARS x$614,176,00} in FY 2011 for utilities and ROw acquisition, and ONE MILLION NINE HUNDRED FORTY SIB THOUSAND SIB HUNDRED FORTY FOUR AND 501100 DGLLARS x$1,946,644,50} in FY 2012 for construction for a total estimated cost of Two MILLrGN EIGHT HI.TNDRED THIRTY THREE THOUSAND FIVE HUNDRED TWENTY EIGHT AND 501100 DOLLARS x$2,833,528,50} as the City's portion of the required 20% local match for Precinct #4 toward the satisfactory completion of the praject, This exchange of in-kind services is deemed adequate consideration for the obligations exchanged by the Parties herein. IV. The City agrees to secure a contract for the construction of the Project and to oversee any necessary right-of-way acquisition, utility relocation and engineering which maybe required for satisfactory completion of the Project. In addition, the City wi11 provide all project inspections and approve all payments, including requested funding from the County, as construction invoices are received, V. As the City proceeds with the completion of the Project, the City shall submit invoices for reimbursement to the Denton County Auditor, James w~11s, 401 w, Hickory Street, Suite 423, Denton, Texas 76201, on a monthly basis, and the County shall reimburse the City for all approved expenses related to the Project within thirty X30} calendar days of receipt of an invoice tom the City, provided that all expenditures are made in a manner which is consistent with the terms of this Agreement. Upon satisfactory completion of the Project, the County and the City shall prepare and complete a full audit of the Project, The City shall submit a copy of all invoices to Mr, John Polster, clo Innovative Transportation Solutions, Inc., 2701 Valley View Lane, Farmexs Branch, Texas 75234, at the same time invoices are submitted to the Denton Caunty Auditor, VI. This Agreement may be terminated in whole or in part by the County or the City upon thirty [30~ days written notice to the other party setting foxth a substantial failure by the City of Denton ICA Mayi7iii Road Improvements Precinct Four Page 3 of 9 defaulting party to fu1~11 its obligations under this Agreement through no fault of the terminating party, No such termination may be affected unless the defaulting party is given: ~ 1 } written notice delivered via certified mail, return receipt requested, of intent to terminate, setting forth the substantial failure to perform; and ~2} not less than thirty C30 calendar days to cure the failure; and ~3} an opportunity fox consultation with the terminating party prior to termination, Zn the event of termination by the County, the County sha11 pay all approved invoices submitted up to and including the date of termination. VII, This Agreement represents the entire integrated agreement between the County and the City and supersedes all prior negotiations, representations andlor agreements, either oral or written. This Agreement may be amended only by written instrument signed by both of the Parties. Notices shall be directed as follows: For City. Honorable Mark Burroughs Mayor of the City of Denton, Texas 2 5 E. Mc~~inney Street Denton, Texas 76201 Copy To: Mr, George C. Campbell, City Manager City of Denton 215 E, McKinney Street Denton, Texas 76201 For County; Honorable Mary Horn' Denton County Judge 110 west Hickory Denton, Texas 76201 Copy Ta. Denton County Criminal District Attorney's Office Civil Division 1450 East McKinney Street, Suite 3100 Denton, Texas 76209 V~~I. The covenants, terms and conditions herein are to be construed under the laws of the State of Texas and are performable by the Parties in Denton County, Texas. The Parties City of Denton ICA MayI~ill Road Improvements Precinct Four Page 4 of 9 mutually agree that venue for any obligation arising from this Agreement shall lie in Denton County, Texas. The County agrees and understands that the County, its employees, servants, agents andlor representatives shall at no time represent themselves to be employees, servants, agents andlor representatives of the City, The City agrees and understands that the City, its employees, servants, agents andlor representatives shall at no time represent themselves to be employees, servants, agents andlor representatives of the County, XI, The County agrees to accept full responsibility for the acts, negligence andlor omissions of all County employees, agents, subcontractors andlor contract laborers and for all other persons doing work under a contract or agreement with the County, ~~z, The City agrees to accept full responsibility for the acts, negligence andlox omissions of all City employees, agents, subcontractors andlor contract laborers and for all other persons doing work under a contract or agreement with the City. VIII, This Agreement is not intended to extend the liability of the Parties beyond that provided for by law. Neither the County, nor the City waive, nor sha11 be deemed to have hereby waived, any immunity or defense that would otherwise be available to it against claims made by third parties, HIV' Zn 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 fullest extent possible. ~V, The undersigned officers andlor agents of the Parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties City of Denton ICA - Mayhill Road Improvements Precinct Foer Page 5 of9 hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect, XVI, This Agreement becomes effective when signed by the last party whose signing makes the respective agreement fully executed and the terra of this Agreement is for the life of the Pro j ect beginning on the date of execution of this Agreement and continuing until the Project xs completed, E ecuted in tri licate on finals this ~ ~ da of 20 x ~ , p g y DENTIN C(]UNTY, TEXAS CrTY ~F DENTIN, TEXAS 110 west Hickory 215 E. McKinney Denton, Tex 76201 Denton, Texas 76201 ~ ' ' By: By. Honorable Mary Ho Honora le Mark trough Denton County Jud Mayor of the City of Denton, Texas Acting on behalf and by the authority of Acting on behalf and by the authority The Commissioners Court of of the City of Denton, Denton County, Texas ,~.Y~, ~ ~ ~ ~ ~ ~ ~ s, ~ Denton County, Texas ;`1`' ~ `3~~a73 alb f9ya !f }'.a ~ ~~~ny ATTEST. ATTEST. ' f d r`, a a ~ ~ 44 ~ 1 1 ~ ~mY ~ fit! ~ ..w{ B ' "i 1 ~ I ~ fi '.a , 6 y ec~ ' M ~ ' ~ City Greta ' Denton Co ty lerk ~ ~ t;=~13~ ~ r/~f] ~ a ~`~t~~,~ ~ ~ ~ ~ 1~~~~~~ ~1P~~~1~1 APPROVED AS~ 0 FORM; APPROVED AS T4 FORM: r By; By. ~ Ass' Cant District Attorney City Attorney f _ ~ ~ City of Denton ICA - Mayhill Road Improvements Precinct Four Pale b of 9 COUNTY AUDITQR'S CERTIFICATE Z hereby certify funds ~ available to accomplish and pay the obl~gat~on of Denton County, Texas, under this Agreement. ~ ~ ~ Den ounty A dit ~ CrTY CERTIFICATE ~ hereby certify funds will be available to accomplish and pay the obligation of the City of Denton, Texas, under this Agreement. Direc r f Finance City of Denton ICA - Mayl}ill Raad Improvements Precinct Paur Page 7 of 9 APPROVAL OF INTERZOCAL COOPERATION AGREEMENT Denton County, Texas, acting by and through the Denton County Commissioners Court, having been advised of the Project requiring the assignment of responsibility and obligation for widening and other improvements to Mayhill Road from U.S Highway 380 University Drive} south to its intersection with Colorado Boulevard, located in the City of Denton, Texas, and Denton County Commissioner Precinct #4, herein gives its specific written approval to the Project prior to beginning the Project in satisfaction of the requirements of the ~nterlocal Cooperation Act, Texas Government Code Chapter 791, and specifically Texas Government Code X791.014, The description of the Project to be undertaken and its location are as follows: widening and other improvements to Mayhill Road from U.S highway 380 University Drive} south to its intersection with Colorado Boulevard, located within the corporate limits of the City of Denton, Texas, and Denton County Commissioner Precinct #4. The local governments which requested the Project and with whom the agreement is by and between are Denton County, Texas, and the City of Denton, Texas. By vote on the date below, the Denton County Commissioners Court has approved the project identified above and authorized execution of this document by the presiding officer of the Denton County Commissioners Court, Date. By' Presiding officer of enton County Commission s Court City of Denton ICA -Mayhill Road Improvements Precinct Four Page 8 of 9 APPROVAL OE INTERLOCAL COOPERATION AGREEMENT The City of Denton, Texas, acting by and through the Denton City Council, having been advised of the Praject requiring the assignment of responsibility and obligation fox widening and other improvements to Mayhill Road from U~S Highway 38~ University Drive} south to its intersection with Colorado Boulevard, located in the City of Denton, Texas, and Denton County Commissioner Precinct #4, herein gives its specifzc written approval to the Project prior to beginning the Project in satisfaction of the requirements of the Interlocal Cooperation Act, Texas Government Code Chapter 791. The description of the Project to be undertaken and its location are as follows; widening i and other improvements to Mayhill Road from U,S Highway 3$0 (University Drive} south to its intersection with Colorado Boulevard, located within the corporate limits of the City of Denton, Texas, and Denton County Commissioner Precinct #4. The local governments which requested the project and with whom the agreement fs by and between are Denton County, Texas and the City of Denton, Texas, By vote on the date below, the Denton City Council has approved the Project identified above and authorized execution of this document by the presiding officer of the Denton City Council, Date: B ~ ~ Y~ Presiding ffice f the~City , nton, Texas City of Denton ICA -Mayhill Road Improvements Precinct hour Page 9 of 9