HomeMy WebLinkAboutResolution No. 2016-018CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2016--(D 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING THE SECOND AMENDMENT TO THE
INTERLOCAL COOPERATION AGREEMENT BETWEEN DENTON
COUNTY, TEXAS AND THE CITY OF THE COLONY FOR THE
FUNDING OF THE MEMORIAL WIDENING PROJECT,
INCORPORATED HEREIN AS EXHIBIT "A"; AUTHORIZING THE
MAYOR TO EXECUTE THE CONTRACT AMENDMENT; PROVIDING
AN EFFECTIVE DATE
WHEREAS, the City and Denton County have entered into an Interlocal Cooperation
Agreement such that Denton County is providing a portion of the funding needed for the
Memorial Widening Project; and
WHEREAS, the Second Amendment to the Interlocal Cooperation Agreement provides
for an increase in funding for the Project for a total revised cost not to exceed $4,151,637.00,
funding for which is provided by Denton County.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS THAT:
Section 1. This Second Amendment, which is attached and incorporated hereto as Exhibit
"A", having been reviewed by the City Council of the City of The Colony, Texas, and found to be
acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all
things approved and the Mayor is hereby authorized to execute the Amendment on behalf of the
City of The Colony, Texas.
Section 2. That this Resolution shall take effect immediately from and after its adoption
and it is so resolved.
PASSED, APPROVED and EFFECTIVE this 1" day of March, 2016.
E,
stie Wilson, City Secretary
AS
City Attorney
J McCou , Mayor
ity of The Colony, Texa
63918
THE STATE OF TEXAS §
COUNTY OF DENTON §
SECOND AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT
BETWEEN DENTON COUNTY, TEXAS, AND THE CITY OF THE COLONY, TEXAS
THIS A.'VIENDMENT is made and entered into by and between Denton County, Texas,
a political subdivision of the State of Texas, hereinafter "the County," and the City of The Colony,
Texas, a corporate and political body under the laws of the State of Texas, hereinafter "the City,"
whereby the County and the City are both collectively referred to herein as "the Parties." On
December 19, 2006, the Parties entered into an Interlocal Cooperation Agreement under Denton
County Commissioners Court Order No. 06-0805, hereinafter "the original Agreement," to
improve and widen two sections of Memorial Drive consisting of (1) 3,000 linear feet of the
two eastbound Memorial Drive lanes from Blair Oaks Drive to Paige Road and (2) 1,700 linear
feet of the two eastbound lanes from Worley Drive to South County Boulevard in the amount of
ONE MILLION NINE HUNDRED ONE THOUSAND SIX HUNDRED THIRTY-SEVEN
AND NO/100 DOLLARS ($1,901,637.00), hereinafter "the Project." On February 28, 2012, the
Parties entered into its First Amendment to the original Agreement under Denton County Court
Order No. 12-0167 to change the scope of the Project to improve and widen Memorial Drive from
:Main Street to Morning Star Drive as a six -lane divided roadway, including related design,
engineering, inspection fees, right-of-way acquisition, drainage, utility improvements,
signalization, associated street illumination, and necessary landscaping. The Project was to be
performed entirely within the boundaries of the City and Denton County Commissioner Precinct
Q.
WHEREAS, under the terms of the Agreement, the County agreed to contribute ONE
MILLION NINE HUNDRED ONE THOUSAND SIX HUNDRED THIRTY-SEVEN AND
NO/100 DOLLARS ($1,901,637.00) toward satisfactory completion of the Project; and
WHEREAS, the Parties to the original Agreement now intend to amend the original
Agreement in order to reflect a change in the scope of the Project to improve and widen
Memorial Drive from Blair Oaks Dpive to South County Boulevard as a four -lane urban cross
section for an increase in cost of the Project to a total revised cost not to exceed FOUR
MILLION ONE HUNDRED FIFTY-ONE THOUSAND SIX HUNDRED THIRTY-SEVEN
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AND NO/100 DOLLARS ($4,151,637.00), bringing the County contribution toward
satisfactory completion of the Project to a revised total of FOUR MILLION ONE HUNDRED
FIFTY-ONE THOUSAND SIX HUNDRED THIRTY-SEVEN AND NO/100 DOLLARS
($4,151,637.00).
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
contained in the first amendment to the original Agreement and as contained herein, and for other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
County and the City hereby agree to amend Section II and Section III of the first amendment to the
original Agreement to reflect the change in scope of the Project and the increase in the cost of
the Project. All other terms and conditions of the first amendment to the original Agreement are
hereby affirmed by the Parties. The amended portions of the first amendment to the original
Agreement are as follows:
AMENDED SECTION II.
The County and the City hereby agree that the scope of the Project is to improve and
widen Memorial Drive from Blair Oaks Drive to South Colony Boulevard to a four -lane urban
cross section, including related design, engineering, right-of-way acquisition, utility
construction, inspection fees, and all related construction activities associated therewith within
the boundaries of the City. The Project costs are currently estimated to be FOUR MILLION
ONE HUNDRED FIFTY-ONE THOUSAND SIX HUNDRED THIRTY-SEVEN AND
NO/100 DOLLARS ($4,151,637.00).
AMENDED SECTION III.
The County agrees to contribute an amount which shall not to exceed FOUR MILLION
ONE HUNDRED FIFTY-ONE THOUSAND SIX HUNDRED THIRTY-SEVEN AND
NO/] 00 DOLLARS ($4,151,637.00) toward satisfactory completion of the Project. As the
City proceeds with the completion of the Project, the City shall submit invoices for reimbursement
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 Mr. John Polster, c/o Innovative
Transportation Solutions, Inc., 2701 Valley View Lane, Fanners Branch, Texas 75234. Invoices
shall be submitted on a monthly basis, and the County shall reimburse the City, based on the
relative funding obligations of the Parties, 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
Second Amendment - City of The Colony ICA - Memorial Drive 2 of 5
completion of the Project, the County and the City shall prepare and complete a full audit of the
Project. Any amount of the FOUR MILLION ONE HUNDRED FIFTY-ONE THOUSAND
SIX HUNDRED THIRTY-SEVEN AND NO/100 DOLLARS ($4,151,637.00) not expended
by the City on this Project shall remain available for related costs or additional local projects
enumerated in the Memorandum of Understanding referenced herein.
This Amendment to the first amendment to the original Agreement shall replace and
supersede Section II and Section III of the first amendment to the original Agreement
between the Parties. All other provisions of the first amendment to the original Agreement
shall remain in full force and effect unless modified by subsequent written amendment
signed by both of the Parties to the first amendment to the original Agreement.
Executed in triplicate originals this the p- day ofn6A<4 2016.
DENTON COUNTY, TEXAS CITY OF THE COLONY, TEXAS
110 Westcko 6800 Main Street
Denton, a201 The Colony, Texas 75056
By: By: !i
Honorable Mary Ho Honor le Joe McCourry
Denton County Jud May4r of the City of The Colon/hority
as
Acting by and on behalf of the authority Acting by and on behalf of the a
the Denton County Comm issionRpftU JJJ,R f the City of The Colony, Texas
ATTEST: ,�' ��.`'
T:
By: B ,� ✓��
Denton Coun Cl rk is, f icretary
%/ OI, Y \J�,\%a\\
APPROVED AS TO FORM: 1'11 mJ111111t%PPROVED AS TO FORM:
By: — –
Assista D' trict Attorney
Second Amendment - City of The Colony ICA - Memorial Drive 3 of 5
4"
I hereby certify that funds Abe available to accoi
plish and pay the obligation of
Denton County, Texas, under this Agreement. /
Second Amendment - City of The Colony ICA - Memorial Drive 4 of 5
APPROVAL OF SECOND AMENDMENT TO 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, hereby agrees to amend Section II and Section III of the First
Amended Interlocal Cooperation Agreement which was approved on February 28, 2012, under
Denton County Commissioners Court Order Number: 12-0167. The Second Amendment to the
Interlocal Cooperation Agreement is necessary in order to reflect a change in the scope of the
Project to improve and widen Memorial Drive from Blair Oaks Drive to South Colony
Boulevard to a four -lane urban cross section, including related design, engineering, right-of-way
acquisition, utility construction, inspection fees, and all related construction activities associated
therewith within the boundaries of the City for an increase in the cost of the Project to a total
revised cost not to exceed FOUR MILLION ONE HUNDRED FIFTY-ONE THOUSAND
SIX HUNDRED THIRTY-SEVEN AND NO/100 DOLLARS ($4,151,637.00), which will
increase Denton County's contribution toward satisfactory completion of the Project to a revised
total of FOUR MILLION ONE HUNDRED FIFTY-ONE THOUSAND SIX HUNDRED
THIRTY-SEVEN AND NO/100 DOLLARS ($4,151,637.00).
All other terms, conditions, and provisions of the first amendment to the original
Agreement are hereby affirmed by the Parties and shall remain in full force and effect
unless modified by a subsequent written amendment signed by all of the Parties to the first
amendment to the original Agreement.
Denton County, Texas, hereby gives its specific written approval of the Project prior to
beginning the Project in satisfaction of the requirements of the Interlocal Cooperation Act, Texas
Government Code Chapter 791.
By vote on this date, the Denton County Commissioners Court has approved the Project
identified above and authorized execution of this document by the presiding officer on behalf of
Denton County, Texas.
Presiding Officer
Denton County C
ssioners Court
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