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Res 03-45 Authorizing an Agreement with Denton County TOWN OF WESTLAKE RESOLUTION NO. 03-45 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH DENTON COUNTY. WHEREAS, the Town of Westlake can benefit from interlocal agreements with neighboring agencies for various public works services; and WHEREAS, the Town of Westlake is located within Tarrant and Denton County, Texas; and WHEREAS, Denton County requires the Town to enter into an interlocal agreement which provides the rules and parameters for assistance. NOW, THEREFORE,BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the Board of Aldermen of the Town of Westlake does hereby authorize the Town Manager to enter into an Interlocal Agreement on behalf of the Town with Denton County to be used on qualifying projects that benefit the Town. SECTION 2: That this Resolution shall become effective upon the date of its passage. PASSED AND APPROVED ON THIS 28"' DAY OF JULY 2003. ATTEST: Scott Bradley, Mayor Ginge rosswy, Town S e ary Trent O. Petty, Town "anagen APPROVED AS TO FORM: L. Stanton Lo ttorney Fax:9403492961 Jul 24 '03 13:19 P.04 Denton County Department of Public Works ]POLICY FOR ASSISTING MUNICIPALITIES WITH ROADWAY UYIPROVEMENTS WITHIN THEIR MUNICIPAL BOUNDARY ARTICLE I INTENT/PURPOSE ARTICLE 11 GENERAL CONDITIONS/PROVISION/PROCEDURES ARTICLE III MUNICIPALITY'S RESPONSIBILITY ARTICLE IV COUNTY'S RESPONSIBILITY ARTICLE V ELIGIBLE ROADWAYS ARTICLE VI SELECTION/PRIORITIZATION OF PROJECTS ARTICLE VII MAINTENANCE OF IMPROVEMENTS ARTICLE VIII FINANCIAL 013LIGATIONS ARTICLE I INPNT IPIIRPQS Section I It is the intent of the Denton County Commissioners Court and the Department of Public Works to assist the various local municipalities in Denton County, from time to time, in the performance of the maintenance, reconstruction and/or general improvement of certain roadways within those municipalities. Section 2 The purpose of this policy is, therefore, to establish certain guidelines and procedures to be followed when County personnel and equipment are to be utilized for the construction of roadway improvements within the incorporated boundaries of municipalities in Denton County. ARTICLE 11 (3ENF,RAL...CQNLDI'rIQNSIPRQVII QNSIPIS OCEDURES Section I Work required on unincorporated county roadway projects will have first priority in the scheduling of county personnel, equipment and/or materials. Section 2 This policy only applies to the construction of roadway improvements on public roadways within the boundary of a municipality and in cooperation with the governing body of the municipality. ICA Fdky 61IV94 Fax:9403492961 Jul 24 '03 1319 P.05 Section 3 Roadway improvements may include the reconstruction or improvement of a road pavement including recycling, improving the base course, stabilizing, constructing asphalt overlays and/or applying a seal coat surface. Roadway improvements may also include striping and the installation of cross-drainage pipe culverts, when such construction is in conjunction with other associated improvements on a particular road. Section 4 The selected project will be scheduled and completed as time and workload of county personnel and equipment allows, and may be subject to change without advanced notice if emergency conditions or other priorities occur which require work on unincorporated roadways. Section 5 The selection of a project for a given year shall not imply, or guarantee that the work will be accomplished in the year in which it was initially scheduled. Section 6 The number of workdays scheduled for work on projects within municipalities will be limited to a total of forty-five(45)working days per year with a maximum of twenty (20) working days, out of the forty-five (45) total days, being allowed for paving improvements during the limited asphalt season" (approximately May-September). Section 7 Municipalities should develop and submit projects which require no more than five (5) working days of Countyassistance. Projects requiring a commitment of County personnel and equipment for more than five (5) working .days will only be scheduled at the discretion of the Commissioners Court following a recommendation from the Director of Public Works, if time and personnel availability permits. Section 8 There will be a maximum limit of ten (10) working days per year allocated for projects within any one municipality. Section 9 The following procedure/schedule will be utilized for submitting a project for consideration: March 31 Deadline For Project Sub mittal/Consideration For Construction During The Following Fiscal Year July Selected Projects Presented to Commissioners Court For Review and Approval August Municipalities Notified of Project Selection -2- ICA Policy 6/12/94 Fax:9403492961 Jul 24 '03 13:19 P.06 October Interlocal Cooperation Agreements Approved By Municipalities and Commissioners Court November Tentative Project Schedules Provided to Municipalities Section 10 The Director of Public Works will be the final authority regarding any decisions which may affect the performance or workmanship of the project, including but not necessarily limited-to addressing matters related to underground utilities, groundwater seepage, base failures, weather conditions, material compliance, etc. Section 11 Any additional cost associated with changes in the project scope due to unusual or unforseen situations or circumstances, encountered during the project, will be borne by the municipality in accordance with the provisions of the Interlocal Cooperation Agreement. ARTICLE III MSINICIPALITY'S ROPQNSIBILITY -Section I It will be the responsibility of the municipality to identify candidate projects and submit same to the Director of Public Works prior to the established deadline,along with proper documentation andjustification for each project. Proper documentation and justification for each project shall include cost estimates, a location map, a detailed description of the improvements being requested, the limits of the project, a detailed description of any improvements to be performed by the municipality, the source and amount of available funds, the name and phone number of the municipality's project representative, the history/background of the initial roadway construction and annual roadway maintenance, verification of right-of-way ownership, traffic volumes-24 hour counts, accident history, identification of school routes (including the number of buses and pedestrians Per day when accurate, credible documentation of same is available), identification of emergency routes and any other information or data which would clearly identify the need for the improvements requested. Section 2 Prior to the County beginning any roadway improvements, it will be the responsibility of the municipality to perform all the, work necessary to properly clear and/or prepare the right-of-way of a selected project, as determined by the Director of Public Works. -3- ICA Policy 6112194 Fax:9403492961 Jul 24 '03 13:20 P.07 Sectio6 3 The municipality will be responsible for coordinating, any utility adjustments and/or for acquiring any neva right-of-way, including all costs associated with same. Section 4 The municipality will be responsible for makiqg the proper notifications regarding the closures of roads and/or the advanced notification of construction, including the securing of appropriate permits and/or approvals from other agencies when necessary. Section 5 The municipality will be responsible for the cost of materials, fuel,labor and/or equipment as determined by the Director of Public Works and as provided for in the.approved Interlocal Cooperation Agreement with Denton County. Section 6 The municipality will be responsible for making the necessary arrangements to purchase all materials required for the projects and to have same delivered to the project site in a timely manner. Verification of such arrangements, including vendor name, must be provided to the Director of Public Works prior to the County beginning the project. Section 7 The municipality will be responsible for furnishing any water required for the project at their cost. Section 8 The municipality will be.responsible for removing and relocating any obstructions along the roadway, such as mailboxes, which will impede the, execution of the work to be performed by the County. The municipality will also be responsible for making any additional improvements that they deem necessary to insure adequate safety and operation along the roadway before, during and after the project is completed. Section 9 The municipality will be responsible for the design of all roadway improvements. Engineering plans and specifications will be provided by the municipality at their cost when in the opinion of the Director of Public Works. such detailed information is required in order to construct the project. Section 10 The governing body of the municipality must approve and execute an Interlocal. Cooperation Agreement as prepared by Denton County, The executed agreement must be accompanied by a Certification from the City Secretary. -4- ICA Poricy 6/121% Fax:9403492961 Jul 24 '03 13:20 P.08 ARTICLE IV QOUNTY'S MPONSIBILITY Section 1 The Department of Public Works will review each request, make project selections and present recommendations to the Commissioners Court for review and approval in accordance with the established deadlines and schedule.. Section 2 The Department of Public Works will provide the municipality with a detailed written description of the work necessary to properly clear and/or prepare the right-of-way for the construction of a selected project, upon its approval, in accordance with the municipality's design for the project. Section 3 The Department of Public Works will provide thirty (30) days advanced written notice of the scheduled project construction date to allow the municipality adequate time to complete any remaining preparatory work. Section 4 Except as provided in Article 11, Section 4 above, Denton County will complete each project within a reasonable time period. Should there be a need to phase the project, the governing body of the municipality will be notified and provided with the anticipated schedule for the beginning and completion of each phase of construction. Section 5 Denton County will provide proper barricades, signage and/or traffic control, as may be necessary, throughout the duration of the project. Section 6 Denton County will perform all work according to the design provided by the municipality, in a manner consistent with the policies, procedures and standards adopted for the performance of similar work on unincorporated roads within the County. AkTICLE V ELIGIBLE ROADWAYS Section 1 Roadways with shared ownership and/or maintenance between Denton County and a municipality are eligible for consideration. Section 2 Roadways shown on the Denton County Master Thoroughfare Plan and/or which are integral to the countywide or regional transportation system are eligible for construction. ICA Folky,6/IV94 Fax:9403492961 Jul 24 '03 13:20 P.09 Section 3 Roadways within municipalities which serve Denton County maintenance facilities or material stockpile sites are eligible for consideration. These roads are as listed below and would require the municipality to be responsible for only fifty (50%) percent of,the cost of materials, fuel, labor and/or equipment for the project: Magnolia Street City of Aubrey Jones Street , City of Lewisville Old Justin Road City of Argyle Taylor Street City of Argyle Railroad Avenue City of Sanger Section 4 lAwal roadways within the boundary of a municipality, are eligible for consideration at the discretion of the Director of Public Works under the following conditions: a. Work by the County will be limited to seal coat or asphalt overlay paving only. b. All work required to prepare the roadway for paving must be accomplished by the municipality prior to the County performing its work, including but not necessarily limited to: 1) drainage improvements 2) - pot hole patching 3) tree trimming 4) base repair ARTICLF, VI SELECUQNITgIQgJ_TIZLUON OF PR_ ECTS Section I Projects will be selected by the Director of Public Works based upon the prioritization of the project, in accordance with the following ranking factors: • Road Base, Driving Surface, Right-of-Way & Drainage Condition 30% • Safety 30% Average Daily Traffic Count/Mobility 20% Length Time Required to Complete Project 15% Relationship to County's Master Thoroughfare Plan and/or Regional Significance 5% ICA FoUcy 6112194 -6- Fax:9403492961 Jul 24 '03 13:20 P. 10 These ranking factors will be used to establish. a general prioritization of projects, Any change in the priority order of projects as determined by this ranking formula will be documented. and discussed with the Commissioners Court prior to the final approval/selection of projects. Section 2 Selected projects in priority order will be presented to the Commissioners Court by the Director of Public Works for their review and approval. Section 3 Projects not completed during a given year will receive special consideration during the evaluation and selection of projects for the following year, unless the project is withdrawn by the municipality's governing body. ARTICLE VU MA MANCE QF IMPROVEMENTS Section I The municipality will be responsible for all maintenance required on the roadway following completion of the project. Section 2 Denton County does not in any way warrant or guarantee the roadway improvements, however, any suspected deficiencies or defects in the workmanship and/or materials should be brought to the attention of the Director of Public Works in writing. Section 3 In cases where a deficiency or defect is noted, the Director of Public Works will review the situation with the municipality's project representative and provide recommendations to the municipality for correction, if appropriate. ARTICLE VIII FINAN.CIAL Q13LIQATI ONS Section 1 The cost of each selected project will be determined by the Director of Public Works based upon current cost estimates of construction for similar roadway projects throughout the County. Section 2 The municipality will generally be responsible for the cost of all materials and fuel required to complete a.project, as well as for the operating cost of any high-maintenance cost equipment at the following rates: Recycling Machine ($150.00/hour) HMAC Laydown Machine ($100.00/hour) -7- ICA PORP 6112/94 Fax:9403492961 Jul 24 '03 13:21 P. 11 Section 3 Denton County will generally provide the labor' wid the required equipment (except as noted above) necessary to perform the County's work on a project at no cost to the municipality. Section 4 In situations where Denton County agrees to perform any labor-intensive work on a project, the municipality will be responsible for the cost of such labor, based upon the actual cost to Denton County, as determined by the Director of Public Works. Section 5 The municipality's estimated cost participation in a project, as established in the Interlocal Cooperation Agreement, must be paid to the County prior to the County beginning the project. -END- APPROVED BY DENT6N COUNTY COMMISSIONERS COUXr ON 1994. Honorable Jeff Moseley Date Denton County Judge ICA PtUcy 6/12/94