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HomeMy WebLinkAboutResolution No. 06-103 RESOLUTION NO. 06 _(03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF THE COLONY AND DENTON COUNTY FOR FUNDING THE RECONSTRUCTION OF PAIGE ROAD TO SIX LANES FROM SOUTH COLONY BOULEVARD TO NORTH COLONY BOULEVARD, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City and Denton County have entered into an agreement such that the County is to provide the following services: FUNDING THE RECONSTRUCTION OF PAIGE ROAD TO SIX LANES FROM SOUTH COLONY BOULEVARD TO NORTH COLONY BOULEV ARD; and WHEREAS, the City has determined that it is in the best interest of the City to enter into the agreement with Denton County, which is attached hereto and incorporated herein by reference as Exhibit "A," under the terms and conditions provided therein. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THAT: Section 1. The Inter1oca1 Cooperation Agreement, 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 City Manager is hereby authorized to execute the Agreement 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 4th day of Dillard, Mayor of The Colony, Texas ATTEST: ~" \\..~ "V . .,0' }' 1~}V "IlY r'i/).:r:: 63918 f " " THE STATE OF TEXAS ) ) COUNTY OF DENTON ) INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF THE COLONY.. TEXAS AND DENTON COUNTY. TEXAS TIllS Interlocal Cooperation Agreement ("AGREEMENT") is made and entered into by and between Denton County, Texas, a political subdivision of the State of Texas, hereinafter referred to as the "COUNTY," and the City of The Colony, a political subdivision located within Denton County, Texas, duly organized and authorized under the laws of the State of Texas, hereinafter referred to as the "CITY," WHEREAS, the COUNTY is a duly organized and political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County, Texas; and WHEREAS, the CITY is a duly organized political subdivision in Denton County, Texas, engaged in the administration of CITY government and related services for the benefit of the citizens of the area serviced by the CITY; and WHEREAS, the COUNTY and the CITY intend to enter into this AGREEMENT pursuant to the provisions of Chapter 791, TEX. GOV'T CODE, "lnterlocal Cooperation Act" which provides authorization for any local government to contract with one or more local governments for the purpose of performing governmental fimctions and services under the terms of the Act; and WHEREAS, the "State Highway 121 Funding Strategy" MEMORANDUM OF Tnterlocal Cooperation Agreement City Of The Colony 1 947194.2/SP/13 I 5210103/1 12906 Page 1 , " UNDERSTANDING 1, hereinafter referred to as "MOD", has been executed and outlines the duties, obligations and agreements between the Parties concerning the construction of State Highway 121 as an electronic toll facility from the southern end of State Highway 121 Bypass at Denton Creek generally eastward to the North Dallas Tollway, and includes fimding agreements for certain projects. ARTICLE I "Near Neighbor Near Timeframe Policy" of the MOD enumerates local projects that become eligible for fimding based upon reprioritization of the $18.25 million of Denton County commitments to federal projects pursuant to "De-federalization ofProiects". PARAGRAPH 2 of "De- federalization of Proiects" delineates how the $18.25 million is dedicated to certain enumerated local projects of The Colony; and WHEREAS, the COUNTY and the CITY did agree to and are signators of that certain MEMORANDUM OF UNDERSTANDING, "State Highway 121 Funding Strategy" wherein in ARTICLE I, "Near Neighbor Near Timeframe Policy", SECTION 3 ''De-federalization ofProiects", PARAGRAPH 2 thereof provides that the extension and improvement of Paige Road, is an enumerated proj ect to be fimded by Denton County: "Paige Roadfrom South Colony to North Colony... totaling $4.25 million"; and WHEREAS the CITY proposes to improve and widen 5,400 linear feet of Paige Road from South Colony Boulevard to North Colony Boulevard as a six lane divided roadway, including related drainage, utility improvements, signalization, associated street illumination, necessary landscaping, and costs associated therewith, which is hereinafter referred to as the "PROJECT", and WHEREAS, based upon approval of final design and construction plans for the 1 That certain "MEMORANDUM OF UNDERSTANDING - S.H. 121 Funding Strategy" by and between Texas Department of Transportation, North Central Texas Council of Governments, Denton County, Collin County, City of The Colony, City of Carrollton, City of Coppell, City of Lewisville, City of PIano, City of Grapevine and City of Frisco, was executed March 24, 2005. Article I "Near Neighbor Near Timeframe Policy" addresses in the ''De-federalization of Projects" Section and The "City of he Colony" Section funding availability for eligible projects. This PROJECT is an eligible project under the "City of The Colony" Section. Tllterlocal Cooperation Agreement City Of 111C Colony Page 2 t947194.2/SPl13t52/0t03/J 12906 . ' PROJECT and acceptance thereof, the CITY intends to build and construct the project; and WHEREAS, Denton County did acknowledge in the MOD (ARTICLE I, "City of The Colony" Section) and has agreed to fimd, as an enumerated local project, those certain improvements and enhancements to Paige Road within the municipal limits of the CITY; and WHEREAS, the PROJECT to improve and widen 5,400 linear feet of Paige Road from South Colony Boulevard to North Colony Boulevard as a six lane divided roadway, including related drainage, utility improvements, signalization, associated street illumination, necessary landscaping and costs associated therewith, are enumerated local projects agreed to among the participating entities and encompassed within the MOD that was executed and agreed to by the Parties, March 24, 2005; and WHEREAS, the CITY will be issuing a Request for Proposals and Invitation for Bids in the latter part of 2006 as soon as the engineering plans for the PROJECT are finalized, and the City will award to the lowest and best qualified bidder a construction contract for the PROJECT, contingent upon approval of this AGREEMENT. NOW, THEREFORE, the COUNTY and the CITY, for the mutual consideration hereinafter stated, agree and understand as follows: I. This AGREEMENT becomes effective when signed by the last party whose signing makes the respective agreements fully executed. n. The CITY and the COUNTY hereby agree that the scope of the PROJECT is to improve and widen 5,400 linear feet of Paige Road from South Colony Boulevard to North Colony Boulevard as a six lane divided roadway, including related drainage, utility TnterJocal Cooperation Agreement City Of The Colony 1947194.21SP/131 52/0 103/112906 Page 3 . . improvements, signalization, associated street illumination, necessary landscaping and costs associated therewith within the city limits of the CITY. The PROJECT costs are currently estimated to be $6~335,065~ which includes, but is not limited to construction (including environmental clearance) and plans, specifications, and estimates. III. The COUNTY agrees to contribute and fimd $6,335,065 for the completion of the PROJECT. The CITY will submit to the COUNTY progress payment reports on a monthly basis for cost incurred for the PROJECT. The CITY will utilize generally accepted accounting principles (GAAP) to adequately record expenditures associated with the PROJECT~ which will be included in the CITY~s annual audit, until completion of the PROJECT. Documentation of expenditures will be available to the COUNTY~ or their auditors, upon request. The COUNTY will remit and pay to the CITY the amounts submitted within 30 days of receipt by the COUNTY. Said amount to be paid by the COUNTY to the CITY for the PROJECT shall not exceed $6~335,065. Any amount of the $6~335,065 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. N. The CITY will oversee the construction and acceptance of the PROJECT. The CITY shall acquire and oversee all necessary environmental documentation, preliminary engineering and plans, specifications, and estimates (PS&E). v. The CITY understands and agrees that the CITY, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agent and/or representatives or the COUNTY. Interlocal Cooperation Agreement City OCTIle Colony I 947194.2/SP/1 3 1 S2/0 103/1 12906 Page 4 . . VI. COUNTY understands and agrees that the COUNTY, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agent and/or representatives or the CITY. VIT. COUNTY agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all COUNTY employees and agents, subcontractors, and/or contract laborers, and for those of all other persons doing work under a contract or agreement with the COUNTY. VIII. The CITY agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all CITY employees and agents, subcontractors, and/or contract laborers, and for those of all other persons doing work under a contract or agreement with the CITY. IX. This AGREEMENT is not intended to extend the liability of the parties beyond that provided by law. Neither the COUNTY nor the CITY waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims made by third parties. x. This AGREEMENT represents the entire agreement between the COUNTY and the CITY and supersedes all prior negotiations, representations and/or agreements, either written or oral for the PROJECT defined herein. This AGREEMENT may be amended only by written instrument signed by the governing bodies of both the COUNTY and the CITY or those authorized to sign on behalf of those governing bodies. COUNTY and CITY acknowledge an amendment to the AGREEMENT to fund other direct costs associated with the PROJECT, not otherwise provided for, may be considered. Tllterlocal Cooperation Agreement City Of The Colony 194 7194.21SP/1315210 103/112906 Page 5 . . XI. The validity of this AGREEMENT and of any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. Further, this AGREEMENT shall be performable in Denton County, Texas. XII. 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 extent possible. XIII. The undersigned officer and/or agents of the parties hereto are the properly authorized officials and 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. XIV. Pursuant to g791.011, TEX. GoVT. CODE, the Parties hereto agree that the purpose of this AGREEMENT is to ensure that certain governmental functions and services in the area of streets, roads, utilities and drainage are performed. The parties hereto further agree that each ofthem is authorized to perform the fimctions and services individually. xv. This AGREEMENT is not intended to extend the liability of the parties beyond that provided by law. Neither the COUNTY nor the CITY waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising by third parties, Int'erlocal Cooperation Agreement City OCTIle Colony 1947194.21SP/13152/0103/[ [2906 Page 6 EXECUlED in duplicate originals this, the ~ day of ~e;-&"t2 2006. COUNTY Denton County, Texas 110 West Hickory Denton, Texas, 76201 ~ By: ~aryH':m 1';{ ~b Denton County Judg6e; CITY City of The Colony 6800 Main Street The Colony, Texas 75056 By: g~ ~ Dale Cheatham City Manager for the City of The Colony Acting on behalf and by the authority of the Acting on behalf and by the authority ofthe Commissioners Court of Denton County, City of The Colony, Denton County, Texas Texas ATTEST: BY.~~~ D ton County Clerk . APPR DAST~ District Attorney Tnterlocal Cooperation Agreement City Ofll1e Colony 1947J94.21SPII31 52101 03/1 12906 A~1 By. ~ {L) LfJ.uh Ity ecret~ By: City Attorney Page 7 . . " AUDITOR'S CERTIFICATE I hereby certify fimds will be available to accomplish and pay the obligation of Denton County, Texas under this AGREEMENT. Tnterlocal Cooperation Agreement City Ofll1e Colony 1947194.2/SP/131 5210103/1 12906 Page 8 APPROVAL OF lNTERLOCAL COOPERATION AGREEMENT PROJECT The County of Denton, acting by and through the County Commissioners Court, having been advised of a project to improve and widen 5,400 linear feet of Paige Road from South Colony Boulevard to North Colony Boulevard as a six lane divided roadway, including related drainage, utility improvements, signalization, associated street illumination, necessary landscaping and costs associated therewith, within the city limits of The Colony, under an Interlocal Cooperation Contract herein, gives its specific written approval of the PROJECT prior to beginning the PROJECT in satisfaction of the requirements of Chapter 791, TEx. GOVT. CODE, ~791.014, the '7nterlocal Cooperation Act. " The description of the type of PROJECT to be undertaken and its location is as follows: to improve and widen 5,400 linear feet of Paige Road from South Colony Boulevard to North Colony Boulevard as a six lane divided roadway, including related drainage, utility improvements, signalization, associated street illumination, necessary landscaping and costs associated therewith, within the city limits of The Colony. The local government which requested the PROJECT with which the County of Denton has contracted is the City of The Colony. By vote on this date, the County Commissioners have approved the PROJECT identified above and authorized execution of this document by the presiding officer on behalf of Denton County, Texas. BY:~~ t't ~ Presiding Officer the Denton County Commissioners Court Interlocal Cooperation Agreement City Ofll1e Colony 1947194.2/SP/131 5210103/] 1 2906 Page 9 AFPROV AL OF INTERLOCAL COOPERATION AGREEMENT PROJECT The County of Denton, acting by and through the County Commissioners Court, having been advised of a project to improve and widen 5,400 linear feet of Paige Road from South Colony Boulevard to North Colony Boulevard as a six lane divided roadway, including related drainage, utility improvements, signalization, associated street illumination, necessary landscaping and costs associated therewith, within the city limits of The Colony, under an InterIocal Cooperation Contract herein, gives its specific written approval of the PROJECT prior to beginning the PROJECT in satisfaction of the requirements of Chapter 791, TEX. GOVT. CODE, ~791.0l4, the "lnterlocal Cooperation Act. " The description of the type of PROJECT to be undertaken and its location is as follows: to improve and widen 5,400 linear feet of Paige Road from South Colony Boulevard to North Colony Boulevard as a six lane divided roadway, including related drainage, utility improvements, signalization, associated street illumination, necessary landscaping, costs associated therewith, within the city limits of The Colony. The local government which requested the PROJECT with which the County of Denton has contracted, is the City of The Colony. By vote on this date, the City Council has approved the PROJECT identified above and authorized execution of this document by the presiding officer on behalf of the City of The Colony, Texas. By: rnterlocaJ Cooperation Agreement City Of TIle Colony 1947194.2/SP/13 1 52/01 03/112906 Page 10 -