HomeMy WebLinkAboutResolution No. 2010-078
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2010- v
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER
TO EXECUTE THE FIRST AMENDMENT TO THE ADVANCE
FUNDING AGREEMENT FOR CITY STREET DEVELOPMENT
WITH THE TEXAS DEPARTMENT OF TRANSPORTATION;
PROVIDING AN EFFECTIVE DATE
WHEREAS, The Colony City Council approved Resolution No. 09-063 on
September 8, 2009 approving an Advance Funding Agreement between the City of The
Colony and the Texas Department of Transportation for street development projects; and
WHEREAS, widening North Colony Boulevard from Curry Drive to Paige Road
is included in the Advance Funding Agreement; and,
WHEREAS, it is determined that the scope of the North Colony Boulevard
project should be amended to allow design flexibility; and,
WHEREAS, the First Amendment to the Advance Funding Agreement for City
Street Development has been approved by the Regional Transportation Council and the
Texas Transportation Commission; and,
WHEREAS, the City Council has determined it to be in the City's best interest to
authorize the city manager to execute said First Amendment to the Advance Funding
Agreement for City Street Development attached hereto as Exhibit "A".
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
authorizes the city manager to execute the First Amendment to the Advance Funding
Agreement for City Street Development attached hereto as Exhibit "A".
Section 2. That this resolution shall take effect immediately from and after its
passage.
PASSED AND APPROVED by the City Council of the City of The Colony,
Texas, this 7th day of September, 2010.
oe McC rry, Mayor
City of The Colony, T as
ATTEST'
Christie Wilson, TRMC, City Secretary
API~RO_ ED AS TO FORM:
T EX Jeff Moore, C j Attorney
C".J: 0918-46-247, North Colony Boulevard from Curry Drive (0.1 Miles West of Main Street) to Paige Road
CSJ: 0918-46-248, Plano Parkway from SH 121 to 0.4 Miles South of Windhaven Parkway
CSJ: ' 0918-46-249, Memorial Drive from Morning Star to Standridge Drive
District # 18. Dallas; Code Chart 64 #42430
Funding Category: RTR (SH 121 Subaccount Funds)
STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT
AMENDMENT#1
THIS AMENDMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of
Transportation, hereinafter called the State, and the City of The Colony, acting by and through its duly authorized officials,
hereinafter called the Local Government.
WITNESSETH
WHEREAS, the State and the Local Government executed a contract on September 28, 2009, to effectuate their
agreement for construction administration and letting of various intersection improvements; and,
WHEREAS, it has become necessary to amend that contract;
NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto,
the State and the Local Government do agree as follows:
AGREEMENT
Article 1. Description of Amended Items
Attachment A, Payment Provision and Work Responsibilities for CSJ 0918-46-247 of the original contract is
deleted in its entirety and replaced with Attachment A-1, which is hereto attached.
All other provisions of the original contract are unchanged and remain in full force and effect.
Article 2. Signatory Warranty
The signatories to this amendment warrant that each has the authority to enter into this agreement on behalf of the
organization they represent.
IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to
effectuate this agreement.
THE LOCAL GOVERNMENT - City of The Colony THE STATE OF TEXAS
Executed for the Executive Director and
g ; approved for the Texas Transportation
Signature Commission for the purpose and effect of
activating and/or carrying out the orders,
established policies or work programs
145 nted/Typed Name heretofore approved and authorized by the
` Texas Transportation Commission.
C~A r1. , e.l,,
Printed/Typed Ti B : 0
Janice Mullenix
s Director of Contract Services
Date Texas Department of Transportation
Da e
AFA-AFA Amend Paae 1 of 2 Revised 10/23/08
C7,J: 0918-46-247, North Colony Boulevard from Curry Drive (0.1 Miles West of Main Street) to Paige Road
CSJ: 0918-46-248, Plano Parkway from SH 121 to 0.4 Miles South of Windhaven Parkway
CSJ: 0918-46-249, Memorial Drive from Morning Star to Standridge Drive
District # 18,- Dallas; Code Chart 64 #42430
Fundir,-~ Category: RTR (SH 121 Subaccount Funds)
ATTACHMENT A-1
Payment Provision and Work Responsibilities
For CSJ 0918-46-247, the State will pay $5,920,869.00 from the SH 121 Subaccount for North Colony Boulevard from
Curry Drive (0.1 Miles West of Main Street) to Paige Road to widen, reconstruct and add turn and deceleration lanes.
In accordance with the allocation of funds approved by the RTC, and concurred with by the Texas Transportation
Commission, the State will make the payments for the following work 30 days after an executed agreement, but not prior
to the Fiscal Years shown:
Fiscal Expenditure
Year
Preliminary Right of Way Utilities Construction
Engineering Acquisition
2009 $692,224.00 $865,280.00 $432,640.00 $0.00
2010 $0.00 $0.00 $0.00 $0.00
2011 $0.00 $0.00 $0.00 $3,930,725.00
2012 $0.00 $0.00 $0.00 $0.00
2013 $0.00 $0.00 $0.00 $0.00
The Local Government shall pay a required local match of $1,480,217.00.
Upon completion of the Project, the Local Government will issue a signed "Notification of Completion"
document to the State. The notice shall certify that the Project has been completed, all necessary
inspections have been conducted, and the Project is open to traffic.
AFA-AFA Amend Paae 2 of 2 Revised 10/23/08