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HomeMy WebLinkAboutResolution No. 2013-047 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2013- C",41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH DENTON COUNTY FOR LOCAL MATCH FUNDING OF $9,125,881 ASSOCIATED WITH THE MEMORIAL-SPRING CREEK CONNECTOR PROJECT; 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 Council of the City of The Colony, Texas hereby approves an hnterlocal Cooperation Agreement with Denton County, attached as Exhibit A, for the purpose of providing Local Match Funding to the City for constructing a 4-lane divided grade separation at the BNSF Railroad on Memorial Drive to Spring Creek Parkway at S. H. 121. Section 2. That the agreement includes payment to the City of The Colony from Denton County in the amount of $9,125,881 (nine-million, one-hundred twenty-five thousand, eight-hundred eighty one dollars), and that the Mayor is authorized to execute the agreement. Section 3. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of tl c City of The Colony, Texas, this 3rd day of September, 2013. f r A TES 0V~~- of rye Christie Wilson, TRMC, City Secretary SEAL APPROVED AS TO FORM: ` ~ TE X A5. Jeff Moore,; City Attorney 1 ' THE STATE OF TEXAS § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT BETWEEN DENTON COUNTY, TEXAS, AND THE CITY OF THE COLONY, TEXAS THIS AGREEMENT is made, entered into and executed by and between Denton County, Texas, a duly organized political subdivision of the State of Texas, hereinafter "the County," and the City of The Colony, Texas, a duly organized municipality, existing under the laws of the State of Texas, hereinafter "the City." The County and the City are collectively referred to herein as "the Parties." WHEREAS, the County and the City mutually desire to enter into this Agreement for the purpose of constructing a new 4-lane divided grade separation at BNSF Railroad on Memorial Drive from Navaho Lane to Spring Creek Parkway at State Highway 121, hereinafter "the Project." The Project will consist of design, engineering, right-of-way acquisition, utility relocation, construction, inspection fees and related construction activities which may be required for satisfactory completion of the Project. The Project is located entirely within the municipal limits of the City and Denton County Commissioner Precinct #2. The total estimated cost of completion of the Project is TWENTY-FOUR MILLION ONE HUNDRED THIRTY-NINE THOUSAND FIVE HUNDRED EIGHTY-ONE AND 00/100 (24,139,581.00); and WHEREAS, the Interlocal Cooperation Act, Texas Government Code Chapter 791, hereinafter "the Act," 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 facilitate safe travel on an improved roadway; and NOW, THEREFORE, this Agreement is hereby made and entered into between the County and the City, upon and for the mutual consideration stated herein: ICA- The Colony- BNSF Grade Separation - Memorial Drive Page I of 7 WITNESSETH: 1. 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 constructing a new 4-lane divided grade separation at BNSF Railroad on Memorial Drive from Navaho Lane to Spring Creek Parkway at State Highway 121, hereinafter "the Project." The Project will consist of design, engineering, right-of-way acquisition, utility relocation, construction, inspection fees and related construction activities which may be required for satisfactory completion of the Project. The Project is located entirely within the municipal limits of the City and Denton County Commissioner Precinct 42. The total estimated cost of completion of the Project is TWENTY-FOUR MILLION ONE HUNDRED THIRTY-NINE THOUSAND FIVE HUNDRED EIGHTY-ONE AND 00/100 (24,139,581.00). III. The County hereby agrees to contribute an amount which shall not exceed NINE MILLION ONE HUNDRED TWENTY-FIVE THOUSAND EIGHT HUNDRED EIGHTY-ONE AND 00/100 DOLLARS ($9,125,881.00) toward the satisfactory completion of the Project, provided that any and all funding is formally approved by the Denton County Commissioners Court. The County has previously agreed to contribute ONE MILLION TWO HUNDRED THIRTY SEVEN THOUSAND SEVEN HUNDRED AND 00/100 DOLLARS ($1,237,700.00) toward satisfactory completion of the Project through two separate Engineering Services Contracts with Bridgefarmer & Associates, Inc., which were approved by Denton County Commissioners Court on October 28, 2008, under Court Order No. 08-0835; and on March 1, 2011, under Court Order No. 11-0147, making the County's total contribution an amount not to exceed TEN MILLION THREE HUNDRED SIXTY-THREE THOUSAND FIVE HUNDRED EIGHTY-ONE AND 00/100 ($10,363,581.00) toward satisfactory completion of the Project. ICA - The Colon}- BNSF Grade Separation - Memorial Drive Page 2 of 7 IV. The City hereby agrees to contribute an amount not to exceed THIRTEEN MILLION SEVEN HUNDRED SEVENTY-SIX THOUSAND AND 00/100 ($13,776,000.00) toward satisfactory completion of the Project and to provide for all design, engineering, right-of-way acquisition, utility relocation, construction, inspection fees and related construction activities which may be required for satisfactory completion of the Project. V. The City agrees to secure a contract for construction of the Project and to oversee any and all necessary phases of design, engineering, right-of-way acquisition, utility relocation, construction, inspection fees and related construction activities 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. VI. This exchange of in-kind services between the County and the City is deemed adequate consideration for the obligations exchanged by the Parties herein VII. As the City proceeds with the completion of the Project, the City shall submit invoices for reimbursement on a monthly basis to the Denton County Auditor, James Wells, 401 W. Hickory Street, Suite 423, Denton, Texas 76201; and at the same time submit a copy of all invoices to Denton County Commissioner Precinct 42, Attn: Ron Marchant, 1029 West Rosemeade Parkway, Carrollton, Texas 75007; and Mr. John Polster, c/o Innovative Transportation Solutions, Inc., 2701 Valley View Lane, Farmers Branch, Texas 75234. Upon receipt of the invoices by the County Auditor, the County shall reimburse the City on a pro rata basis 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 City will submit the final RTR/TxDOT audit to the County for review. ICA - The Colony - BNSP Grade Separation - Memorial Drive Page 3 of 7 VIII. As required by Texas Transportation Code §251.012 and as evidenced by the signature of the City's representative below, the governing body of the City by execution of and approval of this Agreement, hereby approves of the expenditure of County money to finance the construction, improvement, maintenance or repair of a street or alley in the County that is located in the City. IX. 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. X. This Agreement represents the entire integrated agreement between the County and the City and supersedes all prior negotiations, representations 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: Joe McCourry, Mayor City of The Colony, Texas 6800 Main Street The Colony, Texas 75056 Copy To: Christie Wilson, City Secretary City of The Colony, Texas 6800 Main Street The Colony, Texas 75056 For County: Honorable Mary Horn Denton County Judge 110 West Hickory Street, 2nd Floor Denton, Texas 76201 Copy To: Denton County District Attorney's Office - Civil Division 1450 East McKinney Street, Suite 3100 Denton, Texas 76209 XI. 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. ICA - The Colony - BNSF Grade Separation - Memorial Drive Page 4 of 7 XII. The County agrees and understands that the County, its employees, servants, agents or representatives shall at no time represent themselves to be employees, servants, agents or representatives of the City. XIII. The City agrees and understands that the City, its employees, servants, agents or representatives shall at no time represent themselves to be employees, servants, agents or representatives of the County. XIV. The County agrees to accept full responsibility for the acts, negligence or omissions of all County employees, agents, subcontractors or contract laborers doing work under a contract or agreement with the County. XV. The City agrees to accept full responsibility for the acts, negligence or omissions of all City employees, agents, subcontractors or contract laborers doing work under a contract or agreement with the City. XVI. 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. XVII. 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. XVIII. The undersigned officers or agents of the Patties hereto are the properly authorized officials who 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 resolutions extending said authority have been duly passed and are now in full force and effect. ICA - The Colony - BNSP Grade Separation - Memorial Drive Page 5 of 7 XIX. 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 , 2013. DENTON COUNTY, TEXAS CITY OF THE COLONY, TEXAS 110 West Hickory Street, 2" d Floor 6800 Main Street Denton, Texas 76201 The Colony, Texas 75056 ~d By: r F. y~ By: Honorable Mary H l Honorable Joe McCourry Denton County Judge Mayor of The Colony, Texas Acting by and on behalf of the authority Acting by and on behalf of the authority the Denton County Commissioners Court of the City of The Colony, Texas ATTEST: ATTEST: By: By: Denton Count C rk City Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: By:r - By. ze Assistant bisirict Attorney City Attorney I COUNTY AUDITOR'S CERTIFICATE 1 hereby certify that funds are available to accomplish and pay the obligation of Denton County, Texa , under this Agreement. Denton C r ty Auditor 1CA -The Colony- BNSP Grade Separation- Memorial Drive Page 6 of 7 XIX. 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. TA Executed in triplicate originals this day of 2013. DENTON COUNTY, TEXAS CITY OF THE COLONY, TEXAS I 10 West Hickory Street, 2nd Floor 6800 Main Street Denton, Texas 76201 The Colony, Texas 75056 By: By: Honorable Mary Horn Honorable Joe McCourryl f Y'1 o.(}s Denton County Judge Mayor of The Colony, Texas Acting by and on behalf of the authority Acting by and on behalf of the authority the Denton County Commissioners Court of the City of The Colony, Texas ATTEST: ATTEST. 1( J / / l By: By: Denton County Clerk City Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: B 'By: AAssistartt D strict Attorney City Attorney COUNTY AUDITOR'S CERTIFICATE I hereby certify that funds are available to accomplish and pay the obligation of Denton County, Texas, under this Agreement. Denton County Auditor ICA - The Colony - BNSF Grade Separation - Memorial Drive Page 6 of 7 APPROVAL OF INTERLOCAL COOPERATION AGREEMENT BETWEEN DENTON COUNTY, TEXAS AND THE CITY OF THE COLONY, TEXAS Denton County, Texas, acting by and through the Denton County Commissioners Court, having been advised of the Project with a total estimated cost TWENTY-FOUR MILLION ONE HUNDRED THIRTY-NINE THOUSAND FIVE HUNDRED EIGHTY- ONE AND 00/100 (24,139,581.00), whereby Denton County shall make a contribution toward satisfactory completion of the Project, which shall not exceed NINE MILLION ONE HUNDRED TWENTY-FIVE THOUSAND EIGHT HUNDRED EIGHTY-ONE AND 00/100 DOLLARS ($9,125,881.00), hereby gives its specific written approval to the Project prior to beginning of the Project in satisfaction of Texas Government Code §791.014. The description of the Project to be undertaken and its location are as follows: design, engineering, right-of-way acquisition, utility relocation, construction, inspection fees and related construction activities required for satisfactory completion of the construction of a new 4-lane divided grade separation at BNSF Railroad on Memorial Drive from Navaho Lane to Spring Creek Parkway at State Highway 121. The Project is located entirely within the municipal limits of the City of The Colony, Texas, and in Denton County Commissioner Precinct Q. The local governments which requested the Project and with whom the agreement is by and between are Denton County, Texas, and the City of The Colony, 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 O ficer txe Denton ICA - The Colony - Memorial Drive - BNSP Grade Separation Page 7 of 7