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HomeMy WebLinkAboutR-512-5-84RESOLUTION NO. 512-5-84(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF ALLEN AND COLLIN COUNTY, TEXAS CONCERNING COUNTY BOND FUNDS TO BE USED ON AN ACQUISITION AND CONSTRUCTION PROJECT WITHIN THE CITY OF ALLEN WHEREAS, the voters of Collin County did on May 30, 1983, approve the expenditure of bond funds by the County on certain highway and bridge projects within the County; and, WHEREAS, one of the projects listed as part of the Collin County bond program was the realignment and construction and reconstruction of a portion of F.M. 2170 between U.S. 75 and Allen Heights Drive within the City of Allen, Texas; and, WHEREAS, the City and Collin County are desirous to set out the responsibilities of each entity with regard to the use of the county bond funds to be used on the Main Street project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, THE CITY OF ALLEN, TEXAS, THAT the City Manager is hereby authorized to execute an agreement between the City of Allen and Collin County, Texas concerning the use of county bond funds designated for the acquisition of right-of-way, construction, and reconstruction of a portion of Main Street (F.M. 2170) within the City of Allen, Texas. Duly PASSED and APPROVED on this the 17th day of May , 1984. Donald�P. Rodenbaugh, MAY ATTEST: mo�.�w Marty Hendrix, TY SECRETARY OortOrlrlk f�- 3�5- 5 - /4 STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN THIS AGREEMENT, entered into by and between THE CITY OF ALLEN, TEXAS, a home -rule municipal corporation acting herein through its duly authorized City Manager pursuant to a duly enacted Resolution (hereinafter referred to as "Allen"); and THE COUNTY OF COLLIN, State of Texas, a political subdivision of The State of Texas, acting herein through its duly authorized County Judge pursuant to a duly adopted Order of its Commissioners' Court (hereinafter referred to as "County"), WITNESSETH: WHEREAS, there exists in the City of Allen, Collin County, Texas, a portion of FM 2170 otherwise known as McDermott Dr. and also as Main Street, and also as Allen Drive (hereinafter referred to as "Main Street"), extending from U.S. Highway 75 on the West and State Highway 5 on the East; and WHEREAS, Allen and County desire, under the terms and conditions hereinafter set forth, to expend public funds of each entity to acquire right-of-way and to construct certain paving and drainage improvements to Main St. within the limits set out above, and to further agree that Allen will, upon completion of such construction be responsible for all future maintenance thereon between the limits set out above within its corporate limits; in accordance with agreements in effect with the State Department of Highways and Public Transportation. WHEREAS, Allen's City Council, and County's Commissioners Court have each independently determined and found that this portion of roadway is in need of such improvements, and that the public safety, health, and welfare requires that they be made; and further, that this Agreement is in the best interest of Allen, the County, and the citizens of each; and WHEREAS, the State Department of Highways and Public Transportation does not have the funds available to make improvements to this roadway; and WHEREAS, the City of Allen desires that Collin County assist in making these improvements within their respective corporate limits; NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE COVENANTS, OBLIGATIONS, AND UNDERTAKINGS TO BE PERFORMED BY EACH OF THE PARTIES TO THIS AGREEMENT, AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, ALLEN AND COUNTY DO HEREBY AGREE AS FOLLOWS: 1. Purpose. The purpose of this Agreement is (1) to provide terms and conditions under which certain paving and drainage improvements shall be constructed to that portion of Main Street lying between U.S. Highway 75 on the West and on the East (hereinafter called the "Project"); (2) to provide for the sharing of costs for such consideration; and (3) to provide for future maintenance responsibility for the Project. 2. Description of Project. The improvements shall consist generally of design and construction of paving necessary to widen Main Street and to acquire right-of-way in accordance with Phase I and Phase II, respectively, of the plan set forth in the Allen Main Street tudy attached herewith as Exhibit 1. 2 3. Project Manager. Each party to this Agreement hereby designates Allen as agent to act as the Project Manager (hereafter sometimes so called). The duties of the Project manager shall commence upon execution of this Agreement. The Project Manager shall cause any contract's necessary to.acquire right-of-way, the engineering contract and the construction contract to be executed with the appropriate parties and Allen on behalf of the parties to this agreement: Upon execution of this Agreement, Allen's duties as Project Manager shall include the following: a. Be responsible for and oversee the management, acquisition of right-of-way, design and construction of the Project in accordance with the Allen Main Street Study, engineering contract, the Plans, the construction contract, and this Agreement. b. Serve as the parties' representative in dealing with property owners for the purpose of negotiating the acquisition of the required right-of-way. c. Serve as the parties' representative in dealing with the Engineering firm in assuring design and construction of the Project in full accordance with the Plans, the construction contract and this Agreement. d. Keep accurate records of account showing all costs incurred in the Project, payment made, and funds currently on hand contributed by the parties to this Agreement. e. To receive, evaluate, and approve or make recommendations to the parties concerning change orders received from the Contractor. f. Review and approve or disapprove all requests for partial payment submitted by the Engineering firm or Contractor; pay approved requests; and distribute copies of same to County with request for reimbursement. g. Perform other normal business functions and otherwise operate and manage acquisition of right-of-way and the design and construction of the Project in accordance with Allen Main St. Study, the Engineering Contract, Plans, the construction contract, and this Agreement. h. Perform other obligations specified elsewhere in this Agreement to be performed by the Project Manager. The Project Manager shall in good faith use its best efforts to oversee and manage the acquisition of right-of-way, the design and construction of the Project, and to cause the Project to be constructed in full accordance with the Engineering construction, the Plans, and construction contract, and this Agreement. Notwithstanding any other provisions hereof, the Project Manager shall be liable only for bad faith or breach of .an express provision of this Agreement, but in other respects shall not be liable for mistakes of Judgment. 4: Right-Sf-WAy. County & Allen will share costs for right-of=-way within the limits set forth in paragraph 5. Allen shall submit all contracts with right-of-way agents and all sales contracts or other instruments representing right-of-way negotiations to County for approval. Conditions for approval or disapproval will be the same as set forth in paragraph 6 for approval of bids and contractor. 3 5. Plans and Specifications for Improvements. Project Manager shall submit proposed design standards to County for review. If County disapproves of the design standards, the representative listed for notification in this agreement shall submit a letter within 10 working days to the Project Manager with that agency's proposed revisions; otherwise the design standards will be considered approved. Project Manager shall cause Engineering Plans and Specifications and Contract Documents (the "Plans") for the paving and drainage improvements to be prepared, either in-house or by a Professional Engineering firm. Upon completion and (if applicable) receipt of the plans and a construction cost estimate by Project Manager, they shall be submitted to County for its review and approval. County shall have the right to require such modifications to the plans as their County Engineers deem necessary if written notice is given to the Project Manager within 10 days of the receipt of the Plans. If no such written notice of disapproval received by the Project Manager in that time, each party shall be deemed to have approved the plans. 6. Bid and Construction_ Documents: Selection of Contractor. Project Manager shall prepare any and all documents, including but not limited to invitations and instructions to Bidders and construction contracts, necessary to obtain competitive bids for construction of the Project and to provide contractually with the successful bidder for such construction. Copies of all such documents shall be submitted to County. Project Manager shall solicit competitive bids for construction of the improvements. Project Manager shall provide copies of all bids to County. Project Manager shall tabulate and analyze all bids received and shall then recommend to all parties the bid to be accepted which recommendation is subject to review by all parties to this Agreement. In order for a construction contract to be executed with the successful bidder, all parties to this Agreement must have given their approval to the bid proposed to be the successful bidder. Project Manager's recommendation as to the successful bidder shall be submitted in writing to County (along with copies of all bids received) not later than the tenth (10th) business day following receipt of bids. If County disapproves of Project Manager's recommendation as to the successful bidder, written notice of same must be received by Project Manager not later than the fifth (5th) business day following the date of Project Manager's recommendation. If no such written notice of disapproval is received within that time, County shall be deemed to have approved Project Manager's recommendation, and Project Manager shall execute the construction contract in the form approved by the parties with the successful bidder in a timely manner. If forced assessments are required by any party, the Project Manager shall allow the necessary time for the legal requirements of the forced assessment process to be met when awarding a contract or issuing a work order. If County timely disapproves of Project Manager's recommendation as to the "successful bidder, the parties must agree within five (5) business days after receipt of such written disapproval on a successful bidder, or this Agreement shall be null and void And of no further force and effect. 4 7. Definition of Total Project Cost• Share of Costs of The Project; Partial Payments. The term total project cost shall mean for the purposes of this agreement, all costs associated with acquiring right-of-way plus the Engineering Contract amount plus the construction contract amount plus any fees not included in the Engineering contract and any other related expenses incurred directly in the completion of this Project. County will be responsible for payment of the Total Project Cost up to a maximum of $1,312,500. Allen shall be responsible for the remainder of the cost of the Project. The Engineering Contract and the Construction Contracts will specify the method of payment of these contracts. Each request for payment shall be submitted to Project Manager, who shall initially verify and reconcile as necessary with the Engineering Contractor, the types, quantities, and costs of materials, labor, and/or supplies consumed and/or incorporated into the Project during the period since the previous partial payment. Project Manager, upon verification or reconcilation with the Contractor of the amount of each partial payment, shall certify such amount and pay contractors this amount of partial payment. Project Manager shall furnish complete copies to County of the certified partial payment itemized according to each party's share. Allen will submit requests for reimbursement for right-of- way costs to County with documents substantiating requests as appropriate. Not later than thirty (30) days after receiving a copy of a certified partial payment,or a request for reimbursement for right-of-way costs. County shall pay to the Project Manager its proportionate part (as hereinafter defined) of the partial payment or right-of-way costs. 8. inspection of the Project. Project Manager shall be solely responsible for inspection of the Project as the work progresses. Project Manager agrees to provide sufficient inspectors to assure adequate supervision and inspection of the Project. The inspectors provided by Project Manager shall be responsible for conducting or causing to be conducted any and all tests, sampling or other quality control of the Project required by the construction contract or bid documents. 9. Change orders. Project Manager shall have the authority to approve change orders which do not substantially change the concept of the Project and which do not cause the adjusted contract amount to vary more than five (5) percent from the original contract amount, or when a change affects only one party and the change is agreed to by that party. Those listed in this agreement to whom notices will be sent will be notified by telephone in the event of such a change order. Change orders causing more than a five (5) percent variance must be approved by both parties. 10. Completion of the Project. Acceptance by Allen, and County: Final Payment to Contractor. Project Manager shall certify to County the satisfactory completion of the Project by the Contractor. Upon determination by County Engineers of satisfactory completion of the Project (evidenced by his 00tt lied statei'nent to that effect) , which determination will not be unreasonably withheld or delayed, the completed improvements shall be accepted by County and Allen, to be evidenced by enactment of resolutions of the City Council of Allen, and the Commissioners' Court of Collin County to that effect. 5 An authorization for final payment to the Contractor shall be prepared in the same manner and utilizing procedures as for partial payments, and shall be in the amount of all sums due the Contractor, less any sums retained for liquidated damages or deducted for any other reason. The amount of the final payment shall be subject to the same review and approval procedures as partial payments. 11. Term of Agreement. This Agreement shall commence upon execution hereof by parties and shall terminate upon occurrence of all of the following events: (a) acceptance by both parties of the Project; (b) payment of all sums due to the Contractor under the construction contract; and (c) performance of all other obligations of the parties has been made or waived in writing by all other parties. 12. Complete Agreement. This Agreement embodies the entire agreement between the parties, supersedes all prior written and oral agreements between the parties and cannot be varied except by the written agreement of all parties. The parties will execute such further documents, which are approved by their respective counsel, as may be necessary to carry out the purpose of this Agreement. This Agreement shall inure to the benefit of and is binding upon the parties hereto and their successors and assigns. 13. Notices. Any Notice, whether required or permitted to be delivered, whether actually received or not, when deposited in the United States Mail, postage prepaid, registered or certified mail, return receipt requested, addressed to the respective parties at the address specified below: If intended for the City of Allen: City of Allen Att: Director of Community Development One Butler Circle Allen, Texas 75002 If intended for County of Collin: Collin County Att: Director of Public Works 210 McDonald St. 6th Floor McKinney, Texas 75069 or such other addresses as they have heretofore specified by written notice in accordance herewith. 6 IN TESTIMONY of which the parties hereto have caused the sigto es of their duly authorized officials to be affixed this Wday of 7l7 , 1984. THE CITY OF ALLEN, TEXAS By: er THE COUNTY OF COLLIN, TEXAS By : U^ 4 rkt k William J. Roberts, County Judge