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Home My WebLink AboutR-1490-4-97RESOLUTION NO. 1490-4-97(R) ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ENTERING INTO A INTERLOCAL AGREEMENT WITH COLLIN COUNTY FOR CONSTRUCTION OF MCDERMOTT ROAD BETWEEN CUSTER (FM 2478) & U.S. 75. WHEREAS, the City Council recognizes the need for the the construction of McDermott Road (F.M. 2170 West) from Custer road (F.M. 2478) to West of U.S. 75 through the City of Allen; and, WHEREAS, the City Council appreciates the efforts of Collin County for planning, designing and proposing funding of this project of McDermott through the City of Allen, in the 1995 Collin County Bond Program; and, WHEREAS, the City Council enter into the Interlocal Cooperation Agreement, and: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS THAT: SECTION 1: The city will cooperate fully with Collin County in the planning and construction of this roadway. ' SECTION 2: The city hereby agrees to combine the funds allocated for this project for the construction of this project and let the contract for the project in 1997. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THIS CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 3 RD DAY OF APRIL, 1997. APPROVED: nq�#i Kevin L. Lilly, MAYO ATTEST: ' Ju y Mor lson, CMC, CITY SECRETARY The State of Texas ) County of Collin COPY INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF ALLEN FOR CONSTRUCTION OF MCDERMOTT ROAD BETWEEN CUSTER (FM 2478) AND US 75 WHEREAS, the County of Collin, Texas, hereinafter called "COUNTY" and the City of Allen, Texas, hereinafter called "CITY" desire to enter into an agreement relating to the construction of McDermott Road (FM 2170 West) from Custer Road (FM 2478) to West of US 75, designated as Project #95-2 on the Collin County Bond Program, and hereinafter referred to as the PROJECT, and the construction of FM 2170 East from Allen Heights to FM 2551, designated as Project #95-3 on the Collin County Bond Program; and WHEREAS, the 1995 Collin County Bond Program allocated $5,000,000.00 for PROJECT 995-2; and WHEREAS, the 1995 Collin County Bond Program allocated $1,350,000.00 for PROJECT #95-3; and WHEREAS, the INTERLOCAL COOPERATION AGREEMENT, Chapter 791, Government Code, V.T.C.A., provides authorization for 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, in paying for the performance of governmental functions or services under this Agreement, understand and agree that all payments therefore shall be made only from current revenues legally available to each party respectively. NOW, THEREFORE, THIS AGREEMENT is hereby made and entered into by the COUNTY and the CITY upon and for the mutual consideration stated herein: WITN-_SII' ARTICLE I. COUNTY and the CITY hereby agree to combine the funds allocated to PROJECT #95-2 and PROJECT #95-3 and apply the combined funds for the construction of PROJECT. ARTICLE II. COUNTY hereby agrees to provide funds for the PROJECT construction. ARTICLE III CITY agrees to provide funds for the engineering, utility relocation and right-of-way acquisition for PROJECT. ARTICLE IV CITY hereby agrees to provide the COUNTY written notification when the CITY has awarded and will execute a construction contract for the PROJECT to the lowest qualified bidder. ARTICLE V. COUNTY hereby agrees to forward to the CITY the funds for the construction of the PROJECT after the CITY executes the PROJECT construction contract to the lowest qualified bidding contractor and ten (10) days atter the CITY issues a NOTICE TO PROCEED with construction. ARTICLE VI. CITY hereby agrees to administer the construction of the PROJECT. CITY hereby agrees to provide the COUNTY a construction status report every 30 days beginning with the Contractor's Notice to Proceed to Construction from the CITY. ARTICLE VII. INDEMNIFICATION. To the extent allowed by law, CITY shall release, defend, indemnify and hold harmless COUNTY and its officers, agents and employees from and against all damages, injuries (including death), claims, property damages (including loss of use), losses, demands, suits, judgments and costs, including reasonable attorney's fees and expenses, in any way arising out of, related to, or resulting from the performance of the PROJECT work or caused by the negligent act or omission of CITY, its officers, agents, employees, subcontractors, licensees, invitee or any other third parties for whom CITY is legally responsible. ARTICLE VIII. 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 IX. 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 to be contrary to the law or contrary to any rule or regulation having the force and effect of the law, such decisions shall not effect theremainin occurrence of such event, either party may g portions of the Agreement. However, upon the thirty (30) days written notice. terminate this Agreement by giving the other party ARTICLE X. ENTIRE AGREEMENT. This Agreement and its attachments embodies the entire agreement between the parties and may only be modified in writing if executed by both parties. ARTICLE XI. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. Neither party will assign, sublet, subcontract or transfer any interest in this Agreement without the written consent of the Other party. No assignment, delegation of duties or subcontract under this contract will be effective without the written consent of the CITY. ARTICLE XII. IMMUNITY. It is expressly understood and agreed that, in the execution of this Agreement, either 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 than those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. Executed this _ day of pursuant to Commissioners' Court Order No. Resolution No. 1490-4-97(R) APPROVED: COUNTY OF COLLIN, TEXAS Ron Harris, County Judge Date: CITY ALL OF A Kevin L. Lilly, Mayo Date: 1997, by the County of Collin, and by City of Allen M-70 I Aj� CITY OF ALLEN TO: 4MCTY, CITY MANAGER FROM: GEORGE CONNER, DIRECTOR OF PUBLIC WORKS SUBJECT: APPROVE RESOLUTION TO ENTER INTO INTERLOCAL AGREEMENT WITH COLLIN COUNTY FOR CONSTRUCION OF MCDERMOTT ROAD BETWEEN CUSTER AND US 75 DATE: MARCH 28, 1997 BACKGROUND The City of Allen has been unsuccessful in obtaining federal or state funds to construct FM 2170 West and FM 2170 East. There is little prospect of getting the projects on the ISTEA list in the near future. The city has sold bonds for 204 of the cost, in hopes that ISTEA would furnish the 804. In an effort to build the projects the city asked for the two projects to be placed on the Collin County bond election. These were voted in, and funded 504 of the two projects. ANALYSIS McDermott West was estimated to cost $10,000,000 and now is estimated at $12,700,000. The City is requesting the Collin County bond funds for McDermott East be transferred to the McDermott West project, and would still be 504 of the new project cost. The McDermott East project would be built sometime in the future when the need is more evident and funds are available. The County would still be financing 504 of a bond project, and we are asking them to transfer the East funds to the West project. The City Council authorize the Mayor to sign a resolution and interlocal agreement with Collin County for construction of McDermott Road between Custer and US 75. ONEBUTLER CIRCLE ALLEN, TEXAS 75013 9771727-0100