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HomeMy WebLinkAboutCity Council Resolutions (R-04-2340)-03/16/2004 RESOLUTION R-04-2340 A RESOLUTION AUTHORIZING THE APPROVAL OF AN INTERLOCAL AGREEMENT WITH THE GRAPEVINE-COLLEYVILLE INDEPENDENT SCHOOL DISTRICT FOR THE GLEN HOPE DRAINAGE PROJECT WHEREAS, the City of Colleyville and the Grapevine-Colleyville Independent School District have been working on a drainage problem at Glenhope Elementary School for several months; and WHEREAS, the Colleyville City Council approved a construction contract with DDM Construction Corporation on February 3, 2004; and WHEREAS, the City of Colleyville and the Grapevine-Colleyville Independent School District desire to enter into an Interlocal Agreement for the construction of the drainage improvements at Glenhope Elementary School; and WHEREAS, Texas Government Code, Chapter 791 (the "Act"), provides authorization for municipalities to contract with one another for the performance of government functions and services under the terms of the Act. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City of Colleyville and the Grapevine-Colleyville Independent School District shall enter into an Interlocal Agreement, Exhibit "A", for the Glenhope Elementary School drainage improvements. Sec. 2. THAT the cost of the project will be shared by both parties. Sec. 3. THAT the City of Colleyville will be responsible for the construction inspection and project administration. AND IT IS SO RESOLVED. PASSED BY A VOTE OF ..r AYES, 0 THIS THE /fr M DAY OF 7QAe,? NAYS AND 2004. o ABSTENTIONS ON A~~tM Cynthia Singleton, TRMC City Secretary STATE OF TEXAS S COUNTY OF TARRANT S INTERLOCAL AGREEMENT FOR THE CONSTRUCTION OF DRAINAGE IMPROVEMENTS BETWEEN THE CITY OF COLLEYVILLE AND THE GRAPEVINE - COLLEYVILLE INDEPENDENT SCHOOL DISTRICT This Interlocal Agreement for Drainage Improvements (the "Agreement") is made and entered into by and between the City of Colleyville, Texas, a municipal corporation located in Tarrant, County, Texas, ("Colleyville") and the Grapevine- Colleyville Independent School District, Texas, a school district corporation located in Tarrant County, Texas ("GCISD"). WHEREAS, Colleyville and the Grapevine-Colleyville Independent School District desire to enter into an Interlocal Agreement at the request of Colleyville to provide drainage improvements to GCISD owned land located at Glenhope Elementary located at 6600 Glenhope Circle, Colleyville, Texas (the "Project"); and WHEREAS, TEX. GOVT. CODE ANN. S 791.001 et seq., as amended (the "Act") provides authorization for municipalities to contract with one another for the performance of governmental functions and services under the terms of the Act; and WHEREAS, both the entities have current revenues available and allocated to cover their respective performance requirements under this Agreement. NOW, THEREFORE, COLLEYVILLE and GCISD do hereby contract, agree, and covenant for good and valuable consideration, the mutual promises and agreements made in the body of this agreement, as follows: DUTIES OF PARTIES ALLOCATION OF COST AND PAYMENT The City of Colleyville shall pay for the cost of the construction project by a third party contractor. The GCISD shall reimburse the City of Colleyville in an amount not to exceed $12,042.00 for their share of the cost of construction within 30 days upon receipt of an invoice from the City of Colleyville. All payments by the parties shall be made from available current revenues. CONSTRUCTION ADMINISTRATION The City of Colleyville Engineering Department will approve the design of the project and administer the Project. City of Colleyville personnel will handle all field inspections, contractor paperwork, pay applications, coordinate meetings, and schedule work with the contractor, School officials, and nearby residents. GCISD school officials will be invited to all construction meetings and will be copied on all correspondence. It is agreed and understood by both parties that an adjustment of the cost of the project upon final completion and acceptance of the project, shall be accomplished as soon as reasonably practical after the total cost of the project is known. Construction of the project will be made to the current construction standards of the City of Colleyville. Final acceptance of the project will be mutually agreed upon by both parties. MAINTENANCE Upon the completion of the contractors two (2) year maintenance period, the GCISD will be responsible for the maintenance of the drainage improvements. LAW APPLICABLE TO CONTRACT OF PARTIES The City of Colleyville and GCISD hereby agree that in performing this contract the law applicable to GCISD shall apply, as allowed pursuant to Section 791.012 of the Texas Government Code. MISCELLANEOUS 1. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, and assigns. No third party is intended as a beneficiary of this contract. 2. This Agreement constitutes the sole and only agreement of the parties hereto and supercedes any prior understandings or written or oral agreements between the parties respecting the subject matter hereof. 3. No amendment, modification or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof and duly executed by the parties. 4. This Agreement my be executed concurrently in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute on and the same instrument. 5. In case anyone or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. APPLICABLE LAW This agreement shall be governed by and construed in accordance with the laws of the Sate of Texas. Any legal action or proceeding brought or maintained, directly of indirectly, as a result of this Agreement shall be heard and determined in Tarrant County, Texas.. EXECUTED this /~ ~ daYof~, 2004, by the City of Colleyville CITY COUNCIL APPROVED MAR 1 6 2004 EXECUTED this day of Colleyville Independent School District. Approved as to Form: Grapevine-Colleyville ISO Attorney M ~ Date -.!-JP-~"I I 2004, by the Grapevine- Name Date ~ilY A':.Y