2010-032
ORDINANCE NO. 2O 1 O-O3Z
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN INTERLOCAL
COOPERATION AGREEMENT IN THE AMOUNT OF $11,537,838 BETWEEN THE CITY
.OF DENTON, TEXAS AND DENTON COUNTY PRECINCT NO. 4 FOR THE WIDENING
AND CONSTRUCTION OF BONNIE BRAE ROAD FROM THE INTERSTATE HIGHWAY
35 EAST (IH 35E) SERVICE ROAD SOUTH TO VINTAGE BOULEVARD; 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 Bonnie Brae Road from the Interstate Highway 35 East Service
Road South to Vintage Boulevard, 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.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval. /
PASSED AND APPROVED this the day of 2010.
MARK A. B U S, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: k UN\kl ~ ~ I-,-
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
THE STATE OF TEXAS §
COUNTY OF DENTON §
INTERLOCAL COOPERATION AGREEMENT BETWEEN
DENTON COUNTY, TEXAS, AND THE CITY OF DENTON, TEXAS
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
Bonnie Brae Road from Interstate Highway 35 East (IH35E) south to its intersection with
Vintage Boulevard within the municipal limits of the City and Denton County Commissioner
Precinct A, 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 on an improved roadway; and
WHEREAS, the County included the widening of Bonnie Brae Road in its 2008
Transportation Road Improvement program (TRIP-08); and
WHEREAS, the City applied for and received approval for the use of Regional Toll
Revenue funding proceeds from the State Highway 121 (SH 121) Subaccount from the State of
Texas for CSJ 0918-46-245 for the construction of the widening of Bonnie Brae Road; and
NOW, THEREFORE; 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 - Bonnie Brae Road Improvements Precinct 4 Page I of 9
WITNESSETH:
I.
Pursuant to Texas Government Code §791.011, the County and the City hereby enter
into this Agreement in order to perform certain governmental functions and services in the area
of streets, roads 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 Bonnie Brae Road from Interstate Highway 35 East (IH35E) south to its intersection with
Vintage Boulevard within the municipal limits of the City and Denton County Commissioner
Precinct #4. The project's total cost is currently estimated to be SIX MILLION FOUR
HUNDRED FORTY NINE THOUSAND THREE HUNDRED EIGHTY THREE AND 78/100
DOLLARS ($6,449,383.78) for engineering, TWO MILLION FIVE HUNDRED SEVENTY
THREE THOUSAND SIX HUNDRED EIGHTY EIGHT AND 76/100 DOLLARS
($2,573,688.76) for utilities and right-of-way (ROW) acquisition and FORTY EIGHT MILLION
SIX HUNDRED SIXTY SIX THOUSAND ONE HUNDRED SIXTEEN AND 46/100
DOLLARS ($48,666,116.46) for construction for a total estimated cost of FIFTY SEVEN
MILLION SIX HUNDRED EIGHTY NINE THOUSAND ONE HUNDRED AND EIGHTY
NINE AND NO/100 DOLLARS ($57,689,189.00) for construction and consulting engineering
services, hereinafter "the cost of the Project."
III.
The County agrees to contribute an estimated sum of TWO HUNDRED TWENTY
THREE THOUSAND FIVE HUNDRED NINETY AND 73/100 DOLLARS ($223,590.73) in
fiscal year 2010 (FY 2010) for engineering, EIGHTY NINE THOUSAND TWO HUNDRED
TWENTY SIX AND 03/100 DOLLARS ($89,226.03) in FY 2011 for utilities and ROW
acquisition, and ONE MILLION SIX HUNDRED EIGHTY SEVEN THOUSAND ONE
HUNDRED EIGHTY THREE AND 24/100 DOLLARS ($1,687,183.24) in FY 2012 for
construction for a total estimated cost of TWO MILLION AND N01100 . DOLLARS
($2,000,000.00) as the County's portion of the required twenty percent (20%) local match toward
satisfactory completion of the Project. The City agrees to contribute an estimated sum of ONE
City of Denton ICA - Bonnie Brae Road Improvements Precinct 4 Page 2 of 9
MILLION SIXTY SIX THOUSAND TWO HUNDRED EIGHTY SIX AND 051100 DOLLARS
($1,066,286.05) in FY 2010 for engineering, FOUR HUNDRED TWENTY FIVE THOUSAND
FIVE HUNDRED ELEVEN AND 73/100 DOLLARS ($425,511.73) in FY 2011 for utilities and
ROW acquisition, and EIGHT MILLION FORTY SIX THOUSAND FORTY AND 22/100
DOLLARS ($8,046,040.22) in FY 2012 for construction for a total estimated cost of NINE
MILLION FIVE HUNDRED THIRTY SEVEN THOUSAND EIGHT HUNDRED THIRTY
EIGHT AND NO/100 DOLLARS ($9,537,838.00) as the City's portion of the required 20%
local match toward the satisfactory completion of the project. 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 may be required for
satisfactory completion of the .Project. In addition, the City will 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 Wells, 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 (30) calendar days of receipt of an invoice from 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, c/o Innovative Transportation Solutions, Inc., 2701 Valley View Lane, Farmers Branch,
Texas 75234, at the same time invoices are submitted to the Denton County 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 forth a substantial failure by the
defaulting party to fulfill 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
City of Denton ICA - Bonnie Brae Road Improvements Precinct 4 Page 3 of 9
the substantial failure to perform; and (2) not less than thirty [30] calendar days to cure the
failure; and (3) an opportunity for consultation with the terminating party prior to termination. In
the event of termination by the County, the County shall 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 and/or 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
215 E: McKinney 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 To: Denton County Criminal District Attorney's Office
Civil Division
1450 East McKinney Street, Suite 3100
Denton, Texas 76209
VIII.
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
mutually agree that venue for any obligation arising from this Agreement shall lie in Denton
County, Texas.
City of Denton ICA - Bonnie Brae Road Improvements Precinct 4 Page 4 of 9
IX.
The County agrees and understands that the County, its employees, servants, agents
and/or representatives shall at no time represent themselves to be employees, servants, agents
and/or representatives of the City.
X.
The City agrees and understands that the City, its employees, servants, agents and/or
representatives shall at no time represent themselves to be employees, servants, agents and/or
representatives of the County.
XI.
The County agrees to accept full responsibility for the acts, negligence and/or omissions
of all County employees, agents, subcontractors and/or contract laborers and for all other persons
doing work under a contract or agreement with the County.
XII.
The City agrees to accept full responsibility for the acts, negligence and/or omissions of
all City employees, agents, subcontractors and/or contract laborers and for all other persons
doing work under a contract or agreement with the City.
XIII.
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 shall be deemed to have hereby waived,
any immunity or defense that would otherwise be available to it against claims made by third
parties.
XIV.
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 fullest extent possible.
XV.
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 parry hereby certifies to the other that any necessary resolutions extending said
authority have been duly passed and are now in full force and effect.
City of Denton ICA - Bonnie Brae Road Improvements Precinct 4 Page 5 of 9
XVI.
This Agreement becomes effective when signed by the last party whose signing makes
the respective agreement fully executed and the term of this Agreement is for the life of the
Project beginning on the date of execution of this Agreement and continuing until the Project is
completed.
Executed in triplicate originals this day of , 20_•
DENTON COUNTY, TEXAS CITY OF DENTON, TEXAS
110 West Hickory 215 E. McKinney
Denton, Texas 76201 Denton Texas 76201
By: By:
Honorable Mary Horn Honorab Mark Au-Fro4glis"-
Denton County Judge 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 Denton County, Texas
ATTEST: ATTEST:
By: By:
Denton County Clerk City cretary
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: By: lyki, Q'4
Assistant District Attorney City Attorney R SS
J -
City of Denton ICA - Bonnie Brae Road Improvements Precinct 4 Page 6 of 9
COUNTY AUDITOR'S CERTIFICATE
I hereby certify funds will be available to accomplish and pay the obligation of Denton
County, Texas, under this Agreement.
Denton County Auditor
CITY CERTIFICATE
I hereby certify funds will be available to accomplish and ay the obligation of the City
of Denton, Texas, under this Agreement. -Z'
Directo Finance
City of Denton ICA - Bonnie Brae Road Improvements Precinct 4 Page 7 of 9
APPROVAL OF INTERLOCAL 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 Bonnie Brae Road from Interstate Highway 35 East
(IH35E) south to its intersection with Vintage 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 Interlocal
Cooperation Act, Texas Government Code Chapter 791, and specifically Texas Government
Code §791.014.
The description of the Project to be undertaken and its location are as follows: Widening
and other improvements to Bonnie Brae Road from Interstate Highway 35 East (IH35E) south to
its intersection with Vintage 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 the Denton
County Commissioners Court
City of Denton ICA - Bonnie Brae Road Improvements Precinct 4 Page 8 of 9
APPROVAL OF INTERLOCAL COOPERATION AGREEMENT
The City of Denton, Texas, acting by and through the Denton City Council, having been
advised of the Project requiring the assignment of responsibility and obligation for widening and
other improvements to Bonnie Brae Road from Interstate Highway 35 East (I1135E) south to its
intersection with Vintage Boulevard, located in the City of Denton, Texas, and Denton County
Commissioner Precinct 94, herein gives its specific 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
and other improvements to Bonnie Brae Road from Interstate Highway 35 East (IH35E) south to
its intersection with Vintage 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 City Council has approved the Project identified
above and authorized execution of this document by the presiding officer of the Denton City
Council.
Date: OZ 1,02 0/
By: t
Presiding Officer-of the City of D ton, Texas
City of Denton ICA - Bonnie Brae Road Improvements Precinct 4 Page 9 of 9