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HomeMy WebLinkAboutResolution No. 2012-008 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2012-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE INTERLOCAL COOPERATION AGREEMENT BETWEEN DENTON COUNTY AND THE CITY OF THE COLONY TO REDUCE THE FUNDING ASSOCIATED WITH THE CONSTRUCTION OF SOUTH COLONY BOULEVARD FROM MEMORIAL DRIVE TO STATE HIGHWAY 121; PROVIDING AN EFFECTIVE DATE WHEREAS, The Colony City Council approved Resolution No. 06-012 on February 6, 2006 approving an Interlocal Cooperation Agreement between the City of The Colony and Denton County for reimbursing the city's local match funding costs up to $1,932,406.00 associated with the construction of South Colony Boulevard from Memorial Drive to SH 121; and WHEREAS, the First Amendment to said Interlocal Cooperation Agreement authorizes Denton County to decrease the reimbursement for the city's local match to $1,627,406.00; and, WHEREAS, this decrease provides the remaining balance of $305,000 be applied to the Plano Parkway Widening project; and, WHEREAS, the City Council has determined it to be in the City's best interest to authorize the mayor to execute said First Amendment to the Interlocal Cooperation Agreement between Denton County and the City of The Colony, 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 mayor to execute the First Amendment to the Interlocal Cooperation Agreement between Denton County and the City of The Colony, 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 February, 2012. J McCourry, Mayor ity of The Colony, Texas ATTj3ST: V ~ {7 i ,J i' Christie Wilson, TRMC, City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney THE STATE OF TEXAS § COUNTY OF DENTON § FIRST AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT BETWEEN DENTON COUNTY, TEXAS, AND THE CITY OF THE COLONY, TEXAS THIS AMENDMENT is made and entered into by and between Denton County, Texas, a corporate and political body under the laws of the State of Texas, hereinafter "the County," and the City of The Colony, Texas, a political subdivision of the State of Texas, hereinafter "the City," whereby the County and the City are both collectively referred to herein as "the Parties." On February 14, 2006, the Parties entered into an Interlocal Cooperation Agreement under Denton County Commissioners Court Order Number: 06-0120, hereinafter "the original Agreement," for the purpose of improving and widening the two southbound lanes of South Colony Boulevard from Memorial Drive to State Highway 121 by acquiring approximately 1,900 linear feet of the South Colony Boulevard Extension for fair market value, including related drainage, utility improvements, street illumination and necessary landscaping, within the city limits of the City, hereinafter referred to as the "Project", and the Parties agreed to improve and widen Paige Road from South Colony Boulevard to North Colony Boulevard and two sections of Memorial Drive by awarding a professional services agreement for engineering services to provide final design and construction plans for Paige Road and Memorial Drive, hereinafter referred to as the "ENGINEERING." The Project was to be performed entirely within the boundaries of the City and Denton County Commissioner Precinct #2, at a total estimated project cost of ONE MILLION NINE HUNDRED THIRTY-TWO THOUSAND FOUR HUNDRED SIX AND NO/100 DOLLARS ($1,932,406.00) with the County agreeing to contribute an amount which shall not exceed ONE MILLION NINE HUNDRED THIRTY-TWO THOUSAND FOUR HUNDRED SIX AND NO/100 DOLLARS ($1,932,406.00). WHEREAS, the Parties to the original Agreement now intend to amend Section II and Section III of the original Agreement. Amended Section II will reflect that the total estimated cost of the Project and Engineering combined is ONE MILLION SIX HUNDRED TWENTY- SEVEN THOUSAND FOUR HUNDRED SIX AND NO/100 DOLLARS ($1,627,406.00). Amended Section III will reflect that the County's contribution toward satisfactory completion of the Project under this Agreement shall not exceed ONE MILLION SIX HUNDRED TWENTY- SEVEN THOUSAND FOUR HUNDRED SIX AND NO/100 DOLLARS ($1,627,406.00). ICA - I' Amendment - The Colony - South Colony Blvd. Page 1 of 6 r y Amended Section III will also reflect that 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, Farmers Branch, Texas 75234. The 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 made in a manner which is consistent with the terms of this Agreement. Upon satisfactory completion of the Project, the County and the City shall prepare and complete a full audit of the Project. Any amount of the ONE MILLION SIX HUNDRED TWENTY-SEVEN THOUSAND FOUR HUNDRED SIX AND NO/100 DOLLARS ($1,627,406.00) not expended by the City on this Project and Engineering shall remain available for additional local projects enumerated in the memorandum of Understanding. NOW THEREFORE, for and in consideration of the mutual covenants and agreements contained in 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 original Agreement to reflect the decreased cost of the Project. All other terms and conditions of the original Agreement are hereby affirmed by the Parties. The amended portions of the original Agreement are as follows: AMENDED SECTION II. The City and the County hereby agree that the scope of the Project and Engineering are to improve and extend the two southbound lanes of South Colony Boulevard from Memorial Drive to State Highway 121 for approximately 1,900 linear feet of the South Colony Boulevard, including related drainage, utility improvements, street illumination and necessary landscaping, and to improve and widen Paige Road from South Colony Boulevard to North Colony Boulevard and two sections of Memorial Drive by awarding a professional services agreement for engineering services to provide final design and construction plans for Paige Road and Memorial Drive within the city limits of the City. The Project and Engineering combined costs are currently estimated to be ONE MILLION SIX HUNDRED TWENTY-SEVEN THOUSAND FOUR HUNDRED SIX AND NO/100 DOLLARS ($1,627,406.00) for acquisition and engineering, including environmental ICA -I" Amendment -The Colony -South Colony Blvd. Page 2 of 6 clearance and plans, specifications, and estimates which includes SEVEN HUNDRED SEVEN THOUSAND FOUR HUNDRED EIGHTY AND NO/100 DOLLARS ($707,480.00) for professional engineering services for Paige Road and Memorial; and NINE HUNDRED NINETEEN THOUSAND NINE HUNDRED TWENTY-SIX AND NO/100 DOLLARS ($919,926.00) for acquisition of the South Colony Boulevard Project. AMENDED SECTION III. The County agrees to contribute from Transportation Road Improvement Program - 2004 ("TRIP-04") ONE MILLION SIX HUNDRED TWENTY-SEVEN THOUSAND FOUR HUNDRED SIX AND NO/100 DOLLARS ($1,627,406.00) towards completion of the Project and Engineering. The City will submit to the County progress payment reports on a monthly basis for cost incurred for the Project and Engineering. The City will utilize generally accepted accounting principles (GAAP) to adequately record expenditures associated with the Project and Engineering, which will be included in the City's annual audit, until completion of the Project and Engineering. Documentation of expenditures will be available to the County, or their auditors, upon request. 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, Farmers Branch, Texas 75234. The 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 made in a manner which is consistent with the terms of this Agreement. Upon satisfactory completion of the Project, the County and the City shall prepare and complete a full audit of the Project. Any amount of the ONE MILLION SIX HUNDRED TWENTY-SEVEN THOUSAND FOUR HUNDRED SIX AND NO/100 DOLLARS ($1,627,406.00) not expended by the City on this Project and Engineering shall remain available for additional local projects enumerated in the memorandum of Understanding. ICA - I n Amendment - The Colony - South Colony Blvd. Page 3 of 6 This Amendment to the original Agreement shall replace and supersede Section II and Section III of the original Agreement between the Parties. All other provisions of the original Agreement shall remain in full force and effect unless modified by subsequent written amendment signed by both of the Parties to the original Agreement. This Amendment may be executed in multiple counterparts, attached to the original Agreement, and shall collectively constitute an Amendment to the original Agreement. All other terms and conditions of the original Agreement are hereby affirmed by the Parties. Executed in triplicate originals this day of , 201. _ DENTON COUNTY, TEXAS CITY OF THE COLONY 110 West HWk'ory' 6800 Main Street Denton, a 6201 /J The Colo Texas 75056 By: By. Honorable Mary Hom Hono ble Joe Courry Denton County Judge"" Ma or of the City of The Colony7exas 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: ATT fS > Denton Co C rk City Secretary APPR ED AS APPROVED AS TO FORM: By: B Assistant P} trict Attorney City Attorne COUNTY AUDITOR'S CERTIFICATE I hereby certify that funds will be available to accomplish and pay the obligation of Denton County, Texas, under this Agreement. Denton o uditor ICA - V Amendment - The Colony - South Colony Blvd. Page 4 of 6 APPROVAL OF FIRST 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 Interlocal Cooperation Agreement which was approved on February 14, 2006, under Denton County Commissioners Court Order Number: 06-0120. The First Amendment to the Interlocal Cooperation Agreement is necessary to amend Section II and Section III of the original Agreement. Amended Section II will reflect that the total estimated cost of the Project and Engineering combined is ONE MILLION SIX HUNDRED TWENTY-SEVEN THOUSAND FOUR HUNDRED SIX AND NO/100 DOLLARS ($1,627,406.00). Amended Section III will reflect that the County's contribution toward satisfactory completion of the Project under this Agreement shall not exceed ONE MILLION SIX HUNDRED TWENTY-SEVEN THOUSAND FOUR HUNDRED SIX AND NO/100 DOLLARS ($1,627,406.00). Amended Section III will also reflect that 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, Farmers Branch, Texas 75234. The 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 made in a manner which is consistent with the terms of this Agreement. Upon satisfactory completion of the Project, the County and the City shall prepare and complete a full audit of the Project. Any amount of the ONE MILLION SIX HUNDRED TWENTY-SEVEN THOUSAND FOUR HUNDRED SIX AND NO/100 DOLLARS ($1,627,406.00) not expended by the City on this Project and Engineering shall remain available for additional local projects enumerated in the memorandum of Understanding. All other terms and conditions and provisions of 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 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. ICA - V Amendment - The Colony - South Colony Blvd. Page 5 of 6 , h 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. Date: C CP 1) Presiding Officer (0e Denton County Commissioners Court ICA - I' Amendment - The Colony - South Colony Blvd. Page 6 of 6