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Home My WebLink AboutR-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