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
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Date -.!-JP-~"I
I 2004, by the Grapevine-
Name
Date
~ilY A':.Y