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HomeMy WebLinkAboutResolution No. 02-13 CITY OF THE COLONY, TEXAS RESOLUTION NO. 02- /.~ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF THE COLONY AND DENTON COUNTY FOR ASPHALT WORK AT HIDDEN COVE PARK; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Manager of the City of The Colony, Texas, is hereby authorized and empowered to execute an Interlocal Cooperation Agreement with Denton County for asphalt work at Hidden Cove Park as defined in the Agreement. Section 2. That a tree and correct copy of the Interlocal Cooperation Agreement is attached hereto and incorporated herein. Section 3. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 15th day of April 2002. Bemetta Henville-Shannon, Mayor ATTEST: ~7~q~ Patti A. Hicks, TRMC, City Secretary APPROVAL OF INTERLOCAL COOPERATION AGREEMENT PROJECT The COUNTY OF DENTON, acting by and through its County Commissioners Court, having been advised of a Project requiring road repairs of hot mix asphaltic cement (HMAC) overlay on the Primary Roads in Phase I and a one course chip seal on the secondary Roads and Parking Areas in Phase II of Hidden Cove Park under an interlocal contract, herein gives its specific written approval of the Project prior to beginning the Project in satisfaction of the requirements of V.T.C.A., Government Code, Chapter 791, the Interlocal Cooperation Act, Section 791.014. The description of the type of Project to be undertaken and its location are as follows: Road repairs of a hot mix asphaltic cement overlay (HMAC) on the Primary Roads in Phase I and a one course chip seal on the secondary Roads and Parking Areas in Phase II of Hidden Cove Park, located within Denton County, Texas, and within the city limits of the City of The Colony. The local government which requested the Project and with which the County of Denton has contracted is the City of The Colony. By vote on this date, the Commissioners Court has approved the Project identified above and authorized execution of this document by the presiding officer on behalf of Denton County, Texas. Date: Presiding Officer of the Denton County Commissioners Court INTERLOCAL COOPERATION AGREEMENT BETWEEN DENTON COUNTY, TEXAS, AND THE CITY OF THE COLONY THIS AGREEMENT made, entered into and executed by and between Denton County, Texas, a political subdivision of the State of Texas, hereinafter referred to as the "COUNTY", and the City of The Colony, Texas, a political subdivision located within Denton County, Texas, duly organized and authorized under the laws of the State of Texas, hereinafter referred to as the "CITY". This Agreement shall be fully executed and enforceable on the date it is signed by all parties. WITNESSETH, that the COUNTY and the CITY agree that this agreement is for the purpose of a hot mix asphaltic cement overlay (HMAC) on Phase I and a one course chip seal on Phase II of Hidden Cove Park, located within the CITY, and hereinafter called the "Project." See Exhibit 1, Scope of Work, attached hereto and made a part hereof by reference. WHEREAS, the COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of County government and related services for the benefit of the citizens of Denton County; and WHEREAS, the CITY is a duly organized municipality in Denton County, Texas, engaged in the provision of municipal and related services for the benefit of the citizens of the CITY; and WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, provides authorization for any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and INTERLOCAL COOPERATION AGREEMENT 1 NOW, THEREFORE, THIS AGREEMENT is hereby made and entered into by the COUNTY and the CITY upon and for the mutual consideration stated herein: The term of this Agreement begins on the date of execution of this agreement. This agreement may be terminated at any time, by either party giving thirty (30) days' advance written notice to the other party. II. The COUNTY and the CITY agree that the Project shall be limited to a hot mix asphaltic cement overlay (HMAC) on Phase I and a one course chip seal on Phase II of Hidden Cove Park, located within the CITY. III. In the performance of this agreement, the COUNTY agrees to provide the labor for the Project subject to the availability of the materials and equipment. It is specifically understood that the COUNTY will perform the work contemplated by this agreement if, and only if, time permits after the COUNTY attends to and performs the maintenance required by unincorporated COUNTY roads as prioritized by the COUNTY. IV. In performance of this agreement, the CITY agrees to pay the COUNTY for the materials, fuel and a portion of the equipment costs for the Project. The CITY agrees to pay the COUNTY ONE HUNDRED AND SIXTY-FIVE THOUSAND, NINE HUNDRED AND EIGHTY-FIVE DOLLARS, AND FIVE/100 ($165,985.05) for the costs of the Project as itemized on Exhibit 2 (Cost Estimate), attached hereto and made a part hereof by reference. The CITY is to pay this amount within thirty (30) days of receipt INTERLOCAL COOPERATION AGREEMENT 2 of an invoice from the COUNTY. The CITY will fund its obligations hereunder from current revenues. The CITY shall be solely responsible for the relocation of any underground utilities for the Project within its city limits. Mo The COUNTY understands and agrees that the COUNTY, its employees, servants, agents and representatives shall at no time represent themselves to be employees, servants, agents and/or representatives of the CITY. The CITY understands and agrees that the CITY, its employees, servants, agents and representatives shall at no time represent themselves to be employees, servants, agents and/or representatives of the COUNTY. VI. This agreement represents the entire and integrated agreement between the COUNTY and the CITY and supersedes all prior negotiations, representations and/or agreements, either written or oral. This agreement may be amended only by written instrument signed by the COUNTY and the CITY. VII. The validity of this agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. Further, this agreement shall be performable and all compensation payable in Denton County, Texas. The parties mutually agree that venue for any obligation arising from this Agreement shall lie in Denton County, Texas. INTERLOCAL COOPERATION AGREEMENT 3 VIII. 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. IX. 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 immunity or defense that would otherwise be available to it against claims arising by third parties. Xo Pursuant to V.T.C.A., Government Code Section 791.011, the parties hereto agree that the purpose of this Agreement is to ensure that certain governmental functions and services in the area of streets, roads and drainage are performed. The parties hereto further agree that each of them is authorized to perform the functions and services individually. XI. 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 party hereby certifies to the other that any necessary orders or resolutions extending said authority have been duly passed and are now in full force and effect. INTERLOCAL COOPERATION AGREEMENT 4 DENTON COUNTY, TEXAS CITY OF COLONY, TEXAS Hon. Sco'~'A'rr~e~' // Hon. Bernetta Henville-Shannon Denton County Judge ~ The Colony Mayor Acting on behalf of and by authority Acting on behalf of and by authority of the Commissioners Court of of the City of The Colony Denton County, Texas Date: ~o~3,~ ~-.f)~3. ATTEST: ATTEST: C?nthia Mitchell CITY Secretary Deputy, County Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: Assistant District Attorney / ~orney ' '-'-" "'?,,,.- INTERLOCAL COOPERATION AGREEMENT 5 CITY FINANCE DIRECTOR'S CERTIFICATE I hereby certify that funds are available in the amount of ONE HUNDRED AND SIXTY-FIVE THOUSAND, NINE HUNDRED AND EIGHTY-FIVE DOLLARS, AND FIVE/100 ($165,985.05) to accomplish and pay the obligation of the CITY of The Colony under this contract. CITY of The Colony Finance Director INTERLOCAL COOPERATION AGREEMENT 6 EXHIBIT Scope of Work Letter dated March 25, 2002, from Abel V. Saldana, P.E., City Engineer, to Kelly Zwinggi, P.E., Public Works Director INTERLOCAL COOPERATION AGREEMENT 7 EXHIBIT 2 HIDDEN COVE PARK PROJECT/PHASE I PHASE I: 10,500 ft X 24 ft 2" Overlay (Estimated completion-5 days) 3,200 ton HMA $93,863.00 4,220 gal SS-1 Tac $3,108.00 Laydown Machine (5 days ~$100 hr $5,000.00 Laydown Machine (5 days fuel = 100 gal) $77.00 Pneumatic Roller (5 day fucl= 50 gal) $38.50 Steel Wheel Roller (5 days fuel = 50 gal) $38.50. TOTAL/HMA LEVEL-UP: $24,127.00 PHASE 1/ESTIMATED TOTAL FOR LEVEL-UP, FUEL, LAYDOWN MACHINE AND HMA: $126,44430 + 10% Contingency 12~644.45 PHASE I TOTAL: $139,088.95 EXHIBIT 2 Page I of 2 HIDDEN COVE PARK PROJECT/PHASE II PHASE II/Secondary Roads/Parking Areas One Course Chipseal/Estimation of 4 days for completion 19,361 gal CRS-2 $14,715 600 ton Grade 4 Rock $8,850 Chipspreader-48 gal Fuel $54 2 Pneumatic Rollers $62 1 Distributor Truck-200 gal Fuel $154 5 Tandem Tracks-800 gal Fuel $616 TOTAL ESTAIMATED COST FOR MATERIALS & FUEL: $24,451.00 + 10% Contingency 2~445.10 PHASE II TOTAL: $26,896.10 GRAND TOTAL/PHASE I & Il: $165,985.05 EXHIBIT 2 Page 2 of 2