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HomeMy WebLinkAboutR-2469-12-05RESOLUTION NO. 2469-12-05(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 COLLIN COUNTY, THE TOWN OF FAIRVIEW AND THE CITY OF ALLEN, TEXAS, CONCERNING THE CONSTRUCTION OF STACY ROAD (FM 2786); 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 Collin County, the Town of Fairview, and the City of Allen, Texas, for the construction of West Exchange Parkway, 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, THAT: SECTION 1. 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 City Manager or his designee 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 angularly 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 13rn DAY OF DECEMBER, 2005. APPROVED: Stephen Terrell, MAYOR ATTEST: Shelley B. GeozJA1 TRMC,CITY SECRETARY INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE TOWN OF FAIRVIEW AND THE CITY OF ALLEN CONCERNING THE ENGINEERING AND CONSTRUCTION OF STACY ROAD PAVING AND DRAINAGE IMPROVEMENTS WHEREAS, the County of Collin, Texas ("County'), Town of Fairview and the City of Allen, Texas ("Cities") desire to enter into an agreement concerning the construction of Stacy Road (FM 2786) from US75 through the Angel Parkway/Meandering Way intersection in Collin County, Texas (location map attached — see Exhibit 1); and WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791) authorizes any local governments to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the Cities and the 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 Cities upon and for the mutual consideration stated herein, the receipt and sufficiency of which is hereby acknowledged: WITNESSETH: ARTICLE I. The Cities shall arrange to design and construct improvements to Stacy Road, hereinafter called the "Project" The Project shall consist of the design and construction of a 6 -lane divided roadway, underground storm sewers and street lighting from US75 through the Greenville Avenue (SH5) intersection and a 4 -lane divided roadway, underground storm sewers and street lighting from Greenville Avenue (SH5) through the Angel Parkway/Meandering Way intersection. All improvements shall meet or exceed the current Collin County design standards and shall be constructed in accordance with the plans and specifications approved by the Cities and the County. ARTICLE II. The Project will be separated into two phases, Phase I and Phase II. This agreement shall apply only to Phase I. Phase B shall be under a separate Interlocal Agreement. Activity in each phase shall be as indicated below: Phase I: Engineering The Cities shall prepare engineering design plans and specifications surveying, geotechnical investigation, right-of-way schematics and field notes, and coordination with affected utility companies for the Project improvements. The Cities shall administer the engineering services agreement as set forth in Article IV below. Interlocal Agreement Collin County — Fairview/Allen (Stacy Road) - Page 1 Phase I1• Right-of-way acquisition and Construction The Cities shall acquire all necessary right-of-way for the Project. The Cities shall advertise for and accept bids for the construction of the Project, award a contract to construct the improvements, and administer the construction contract and perform inspection services. The Cities and the County shall execute a separate interlocal agreement to fund right-of-way and construction. ARTICLE III. The County estimates that the total actual cost of both phases of the Project, including design, construction, testing, right-of-way acquisition, and administration/inspection to be approximately $6,000,000 with the engineering/professional services portion being approximately $700,000. The County agrees to fund a total of $350,000 for the engineering portion of the Project. The Cities agree to fund the remainder of the engineering. Upon completion of the engineering the County will evaluate whether there are funds available to participate in funding of the construction cost and right-of-way acquisition. ARTICLE IV. Phase I - The Cities shall select a properly licensed engineering firm and execute an engineering services agreement. The Cities will provide administration of the engineering services agreement and all necessary review of the plans and specifications associated with this Project. The Cities will provide the County with copies of the plans and specifications at 50%, 65% and 100% plan completion. The Cities will conduct a meeting with all affected utility companies and coordinate relocation efforts. ARTICLE V. Phase I - The County shall remit $175,000 of the cost of the executed engineering services agreement within thirty (30) days after the Cities issue a Notice to Proceed to the selected engineering firm. When the preliminary Project design is completed, the County will remit to the Cities all remaining $175,000 associated with engineering services, said payment to be made within thirty (30) days after receipt of the notice from the Cities that the preliminary Project design is complete. while the Town of Fairview and the City of Allen are equal partners the City of Allen will take the lead role in administering the engineering contract and payments from the County will be made directly to the City of Allen. All initial designs and future design changes must be agreed upon by both municipalities prior to implementation. ARTICLE VI. The Cities and the County agree that the parties paying for the performance of governmental functions or services shall make those payments only from current revenues legally available to the paying party. Interlocal Agreement Collin County - Fairview/Allen (Stacy Road) - Page 2 ARTICLE VII. The Cities and County agree that rightof-way acquisition shall begin after the Cities complete the engineering plans and right-of-way schematic. The Cities shall estimate and provide the County the total cost of right-of-way acquisition which shall include but not be limited to land costs, deed preparation, surveys, title policies and legal fees for closing or eminent domain. The Cities and County agree to execute an interlocal agreement to fund the right-of-way acquisition based on the agreed cost for right-of-way acquisition. Such agreement shall be initiated by the Cities after completion of engineering and right-of-way plans. 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 attorney's 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. This Agreement and the indemnity provided herein is not intended to and shall not create any cause of action for the benefit of third parties or any person not a party to this Agreement. ARTICLE IX. 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 the state courts of competent jurisdiction of 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 all parties. This Agreement supersedes all prior negotiations, representations and/or agreements, either written or oral. Interlocal Agreement Collin County — Fairview/Allen (Stacy Road) - Page 3 ARTICLE XII. Successors and Assigns. This agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. No party will assign or transfer an interest in this agreement without the written consent of the other party. ARTICLE XIV. Immunity. It is expressly understood and agreed that, in the execution of this agreement, no 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. ARTICLE XV. I Term. This agreement shall be effective upon execution by all parties and shall continue in effect annually until final acceptance of the Project. This agreement shall automatically renew annually during this period. APPROVED AS TO FORM: ATTEST: By:lx__-��,,,— Name: Shelley rge Title: City Secretary Date: APPROVED AS TO FORM: By: L�✓l Name: Peter G. Smith Title: City Attorney Date: /2-2d 0.i Interlocal Agreement Collin County - Fairview/Allen (Stacy Road) - Page 4 COUNTY O LL ;TEXAS c By: Name: Ron Hams Title: County Judge Date: l a l tvl05 Executed on this � day ofl)ewnlrr. 2005, by the County of Collin, pursuant to Commissioners' Court Order NoPLOG-1-8- Id,-cg� CHY OF ALLEN, TEXAS By; -f-� Name: Peter H argas Tide: City M Date: Executed on behalf of the City of Allen pursuant to the City Council Resolution No._ ,9 69-/a-4 SeO TOWN OF FAIRVIEW, TEXAS By: d Nam :ohn dodwin Title: Town Manager Date: of �o �� Executed on behalf of the Town of Fairview Pursuant to the Town Council Resolution No. o8wos MD(WHIRLOCALAGREEMENrSTACYROAD Interlocal Agreement Collin County— Fairview/Allen (Stacy Road) - Page 5