R-1749-8-99RESOLUTION NO. 1749-8A9(R)
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN
INTERLOCAL AGREEMENT BY AND BETWEEN THE COLLIN COUNTY AND
THE CITY OF ALLEN, TEXAS, CONCERNING THE CONSTRUCTION OF
ALMA ROAD IMPROVEMENTS; AUTHORIZING ITS EXECUTION BY THE
CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Allen, Texas has been presented a proposed Interlocal
Agreement by and between the County of Collin, Texas and the City of Allen, Texas for the construction of
Alma Road Improvements, a copy of which is attached hereto and incorporated herein by reference; and
WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City
Council is of the opinion and finds that the terms and conditions thereof should be approved, and that the City
Manager should be authorized to execute the Agreement on behalf of the City of Allen, Texas;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS:
SECTION 1. That the Agreement attached hereto having been reviewed by the City Council of the City of
Allen, 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 Agreement on behalf of
' the City of Allen, Texas,
SECTION 2. This Resolution and the Interlocal Agreement are hereby approved by the affirmative vote of
the majority of the members of the City Council of the City of Allen, Texas, at a regularly scheduled meeting
of the City Council.
SECTION 3. This Resolution shall become effective immediately from and after its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 5TH DAY OF AUGUST, 1999.
APPROVED:
— T
Stephen Terrell, MAYOR
ATTEST:
Juily Mo on, CMC, CITY SECRETARY
COURT ORDER NO. 99- `J q S -10-11
THE STATE OF TEXAS AGREEMENTS
INTERLOCAL AGREEMENT
THE CITY OF ALLEN/COLLIN COUNTY
ALMA ROAD PROJECT
ADMINISTRATIVE SERVICES
On October 11, 1999, the Commissioners' Court of Collin County, Texas, met in regular
session with the following members present and participating, to wit:
Ron Hams
County Judge, Presiding
Phyllis Cole
Commissioner, Precinct 1
Jerry Hoagland
Commissioner, Precinct 2
Joe Jaynes
Commissioner, Precinct 3
Jack Hatchell
Commissioner, Precinct 4
During such session the court considered approval of an Interlocal agreement between the
City of Allen and Collin County for the construction of improvements to Alma Road, Bond
Project #99-02.
Thereupon, a motion was made, seconded and carried with a majority vote of the court
authorizing the attached Interlocal agreement between the City of Allen and Collin County for
construction improvements to Alma Road, Bond Project #99-02, Collin County agrees to fund
up to $1,922,496.00 (half of the total estimated cost $3,844,922.00). Same is hereby
approved as per the attached documentation.
ATTEST:
Helen Starnes, Ex -Officio Clerk
Commissioners' Court
Collin County, T E X A S
c�2n AIA -Am Rd
INTERLOCAL AGREEMENT
BETWEEN COLLIN COUNTY AND THE CITY OF ALLEN
CONCERNING THE CONSTRUCTION OF ALMA ROAD
IMPROVEMENTS
1999 BOND PROJECT #99-02
WHEREAS, the County of Collin, Texas ("County") and the City of Allen, Texas
("City") desire to enter into an agreement concerning the construction of improvements to
Alma (the "Project') in Allen, Collin County, Texas; and
WHEREAS, the interlocal Cooperation Act (Texas Government Code Chapter 791)
authorizes any local government to contract with one or more local governments to
perform governmental functions and services under the terms of the Act; and
WHEREAS, the City and County have determined that the improvements may be
constructed most economically by implementing this agreement.
NOW, THEREFORE, this agreement is made and entered into by the County and the
City upon and for the mutual consideration stated herein.
ARTICLE I.
The City shall arrange to construct improvements to Alma Road, hereinafter called
the `Project'. The Project shall consist of constructing four lanes, a distance of
approximately 1.5 miles. All improvements shall be designed to meet or exceed the
current Collin County design standards and shall be constructed in accordance with the
plans and specifications approved by the City.
ARTICLE II.
The City shall prepare plans and specifications for the improvements, accept bids
and award a contract to construct the improvements and administer the construction
contract. In all such activities, the City shall comply with all state statutory requirements.
The City provide the County with a copy of the executed construction contract(s) for the
Project.
ARTICLE 111.
The City shall also acquire 20 acres of real property in the vicinity of the
improvements for use as right-of-way.
ARTICLE IV.
The City estimates the total actual cost of the project to be $ 3,844,992.00. The
county agrees to fund one half of the total cost to construct the improvements in an
amount not to exceed $ 1,922,496.00. The county shall remit 50 percent of this amount
$ 961,248.00 to the city within thirty (30) days after the City issues a Notice to proceed to
the lowest responsible bidder and the City requests payment or upon the availability of
bond funds for this Project, whichever occurs later. The County will remit the remaining
50 percent within thirty (30) days after receipt of notice from the City that the project is
50 percent complete. Following completion of the Project, the City shall provide a final
accounting of expenditures for the Project. If the actual cost to construct the Project is
less than the estimated amount set forth herein, the City shall remit the County 50 percent
of the difference between the estimated cost and the actual cost. The Commissioners
Court may revise this payment schedule based on the progress of the project. The "total
cost of the Projecf' shall include land acquisition, engineering, construction, inspection,
testing, and construction administration costs.
ARTICLE V.
If the total cost to construct the Project exceeds the amount estimated in Article
IV above, the County and City shall share the excess costs equally, However, the
County's participation in the Project shall not exceed $ 2,413,000.00.
ARTICLE VI.
The City shall prepare for the County an itemized statement specifying Project
costs that have been incurred to date and submit detailed Project cost and progress reports
every thirty (30) days until Project completion.
ARTICLE VII.
The City and County agree that the party paying for the performance of
governmental functions or services shall make those payments only from current revenues
legally available to the paying party.
ARTICLE VIII.
INDEMNIFICATION. TO THE EXTENT ALLOWED BY LAW, EACH
PARTY AGREES TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS
THE OTHER (AND ITS OFFICERS, AGENTS, AND EMPLOYEES) FROM AND
AGAINST ALL CLAIMS OR CAUSES OF ACTION FOR INJURIES (INCLUDING
DEATH), PROPERTY DAMAGES (INCLUDING LOSS OF USE), AND ANY
OTHER LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING
REASONABLE ATTORNEYS' FEES AND EXPENSES, IN ANY WAY ARISING
OUT OF, RELATED TO, OR RESULTING FROM ITS PERFORMANCE UNDER
THIS AGREEMENT, OR CAUSED BY ITS NEGLIGENT ACTS OR OMISSIONS
(OR THOSE OF ITS RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, OR ANY
OTHER THIRD PARTIES FOR WHOM IT IS LEGALLY RESPONSIBLE) IN
CONNECTION WITH PERFORMING THIS AGREEMENT.
ARTICLE D{.
VENUE. The laws of the State of Texas shall govern the interpretation, validity,
performance and enforcement of this agreement. The parties agree that this agreement is
performable in Collin County, Texas and that exclusive venue shall lie in Collin County,
Texas.
ARTICLE X.
SEVERABILITY. The provisions of this agreement are severable. If any
paragraph, section, subdivision, sentence, clause, or phrase of this agreement is for any
reason held by a court of competent jurisdiction to be contrary to law or contrary to any
rule or regulation having the force and effect of the law, the remaining portions of the
agreement shall be enforced as if the invalid provision had never been included.
ARTICLE XI.
ENTIRE AGREEMENT. This agreement embodies the entire agreement between
the parties and may only be modified in a writing executed by both parties.
ARTICLE XII.
SUCCESSORS AND ASSIGNS. This agreement shall be binding upon the
parties hereto, their successors, heirs, personal representatives and assigns. Neither party
will assign or transfer an interest in this agreement without the written consent of the other
party.
ARTICLE XIII.
IMMUNITY. It is expressly understood and agreed that, in the execution of this
agreement, neither party waives, nor shall be deemed hereby to have waived any immunity
or defense that would otherwise be available to it against claims arising in the exercise of
governmental powers and functions. By entering into this agreement, the parties do not
create any obligations, express or implied, other that those set forth herein, and this
agreement hall not create any rights in parties not signatories hereto.
ARTICLE XIV.
TERM This agreement shall be effective upon execution by both parties and shall
continue in effect annually until final acceptance of the Project. This agreement shall
automatically renew annually during this period.
ATTEST:
N
Title: City Secretary
Date: 4— / 7- '
APPROVED AS TO FORM:
By
N
Title: City Attorney
Date: q — /(o - 4
COUNTY OF OI,L(1N, TEXAS
L -7A
Nage: Rdfi Harris
Title: County Judge
Date: f0-11-5 17
Executed on this_Llday of
1999, by the County of Collin,
pursuant to ommisstoners' Court
Order No. - - 10-11
CITY OF ALLEN, TEXAS'
By'.
Name:
Tithe: L,ity Manager
Date: 9—/7- 99
Executed on behalf of the City of
Allen pursuant to City Council
Resolution No. / % q? - g - 9VIe