Loading...
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