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HomeMy WebLinkAboutR-2392-4-05RESOLUTION NO. 23924-05(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 THE CITY OF ALLEN, TEXAS, AND THE CITY OF PLANO, TEXAS, AUTHORIZING PARTICIPATION IN THE RIDGEVIEW DRIVE WIDENING PROJECT; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER OR DESIGNEE; 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 City of Allen, Texas, and the City of Plano, Texas, a copy of which is attached hereto and incorporated herein by reference (herein called "Agreement"); 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 or designee 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 terns and conditions of the Agreement, having been reviewed by the City Council of the City of Allen and found to be acceptable and in the best interests of the City of Allen and its citizens, be, and the same is hereby, in all things approved. ' SECTION 2. The City Manager or designee, under the direction of the City Council of the City of Allen, is hereby designated as the official representative to act for the City in all matters relating to the widening of Ridgeview Drive. SECTION 3. The City Manager or designee is hereby authorized to execute the Agreement and all other documents in connection therewith on behalf of the City of Allen, substantially according to the terms and conditions set forth in this Agreement. SECTION 4. This Resolution shall become effective from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 26"r DAY OF APRIL, 2005. APPROVED: Z�� Stephen Terrell, MAYOR ATTEST: Shelley B. Geo TRMC, crft SECRETARY COPY INTERLOCAL AGREEMENT BETWEEN CITY OF PLANO AND CITY OF ALLEN CONCERNING THE IMPROVEMENTS TO RIDGEVIEW DRIVE FROM WEST OF INDEPENDENCE PARKWAY TO EAST OF CUSTER ROAD THIS AGREEMENT is made between the CITY OF PLANO, TEXAS, a home -rule municipal corporation (hereinafter referred to as 'Plano") and the CITY OF ALLEN, TEXAS, a home -rule municipal corporation (hereinafter referred to as "Allen"), acting by and through their City Managers or their duly authorized representatives, as follows: WITNESSETH: WHEREAS, Plano and Allen (hereinafter the "parties") desire to enter into an agreement concerning the construction, widening and transition of Ridgeview Drive, from a point 427 feet west of Independence Parkway to a point 450 feet east of Custer Road in the Cities of Plano and Allen, Collin County, Texas, and for the payment of the costs thereof (hereinafter the "Project'); 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 construction, widening and transition of Ridgeview Drive to a six (6) lane divided thoroughfare from a point 427 feet west of Independence to a point 450 feet east of Custer is a governmental function which will benefit the citizens of both parties; and WHEREAS, the parties will have current funds available to satisfy their obligations at the time those obligations become due; and WHEREAS, the parties have determined that the Ridgeview Drive improvements may be constructed most expeditiously and economically by implementing this Agreement as set forth below. NOW, THEREFORE, this Agreement is made and entered into by Plano and Allen for the mutual consideration stated herein. ARTICLE ONE Ridgeview Drive Improvements 1.01 Plano shall construct two (2) to four (4) lanes of concrete paving, depending on the number of lanes already built, to complete a six (6) lane divided roadway (Ridgeview Drive) which includes curbs, inlets and storm sewer INTERLOCAL AGREEMENT PAGE N:LCiy Sa tarylWo,kinglON 8 Res00051Cumnt26RES - ILA whh Plano (attach) - PS.doc (03/24/05) facilities, from Custer Road west to a point 427 feet west of Independence Parkway, hereinafter called the "Plano Improvements." 1.02. Plano shall construct four (4) lanes of concrete paving, to complete a six (6) lane divided roadway (Ridgeview Drive) which includes curbs, inlets and storm sewer facilities, from Custer Road in the City of Allen, Texas east to a point 450 feet east of Custer Road. 1.03. Plano shall construct the transition of Ridgeview Drive from the two (2) lane road section to the six (6) lane divided road section east of Custer Road in the City of Allen, Texas. 1.04. Plano shall also construct a left -tum lane from west bound Ridgeview Drive to south bound Custer Road, in the City of Allen, Texas. The above items 1.02, 1.03 and 1.04 are hereinafter called the "Allen Improvements." See Exhibit A. ARTICLE TWO Design Plano shall arrange and coordinate the design of the Improvements as provided above. All Improvements shall be designed to meet or exceed current design standards and shall be constructed in accordance with the plans and specifications approved by the parties. Plano will provide Allen with a copy of the design plans for comment prior to finalization. ARTICLE THREE Right -of -Way Plano will provide all right-of-way required for the Plano Improvements and Allen shall provide all right-of-way required for the Allen Improvements. ARTICLE FOUR Construction Contract Plano shall prepare plans and specifications for the Improvements, accept bids and award a contract to construct the Improvements and administer the construction contracts. In all such activities, Plano shall comply with all state law requirements. Plano will also provide Allen with a copy of the executed construction contract for the Project. INTERLOCAL AGREEMENT PAGE 2 NXity Secretar�AWor ingtOnl 8 Rest21>0=unent)26RES - ILA w h Plano (attach) - PS.doc (03/24/05) ARTICLE FIVE Duties and Payment 5.01 Plano will pay for one hundred percent (100%) of the Plano Improvements referenced herein and Allen shall pay for one hundred percent (100%) of the Allen Improvements referenced herein based on final constructed quantities and costs. 5.02 The parties estimate that the cost of the Allen Improvements will be ONE HUNDRED AND SEVENTY FIVE THOUSAND AND NO DOLLARS ($175,000.00); however, regardless of whether actual costs equal or exceed this amount, Allen agrees to pay the actual cost of the Allen Improvements to Plano within sixty (60) days following Plano's award of the construction contract. Any adjustments due to final quantities and costs will be made upon completion of the Improvements. ARTICLE SIX Maintenance Responsibility The parties agree upon completion and acceptance of the Improvements herein, each Party shall be responsible for maintaining the improvements located within their respective corporate city limits. As part of the construction the City of Plano will require the Contractor to provide a 1 year maintenance bond warranting the Allen portion of the improvements from defects in materials and workmanship ARTICLE SEVEN Funding The Parties 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 at the time the payment becomes due. ARTICLE EIGHT Term This Agreement shall be effective upon approval by the City Council and subsequent execution by the City Manager of each party. The effective date will be the later of the dates this Agreement is executed by the parties. This Agreement shall continue in effect annually until all obligations hereunder are completed and each party has given final acceptance of the Project, in writing, to the other party. This Agreement shall automatically renew annually during this period. INTERLOCAL AGREEMENT PAGE WGity Secnrtary Wor inpWN & Rest2005\Cunent\26RES - ILA with Plano (attach) - PS.Eoc (03/2a 05) ARTICLE NINE Hold Harmless 9.01 Each party does hereby agree to waive all claims against, release, and hold harmless the other party and its respective officials, officers, agents, employees, in both their public and private capacities, from any and all liability, claims, suits, demands, losses, damages, attorney's fees, including all expenses of litigation or settlement, or cause of action which may arise by reason of injury to or death of any person or for loss of, damage to, or loss of use of any property arising out of or in connection with this Agreement. 9.02 In the event of joint or concurrent negligence of the parties, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas without, however, waiving any governmental immunity available to either party individually under Texas law. Plano shall be responsible for its sole negligence. Allen shall be responsible for its sole negligence. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. ARTICLE TEN 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, expressed or implied, other than those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. ARTICLE ELEVEN Notices All notices required under the provisions of this Agreement must be in writing, hand -delivered or sent by registered or certified mail to the addresses below: Plano: City of Plano, Texas Attention: Alan Upchurch, City Engineer P. O. Box 860358 Plano, TX 75086-0358 INTERLOCAL AGREEMENT PAGE 4 K C4 Sec rY\workin9x)rd 8 Rea\20OS\Curr nMRES - ILA wish Plano (atlach) - PS.doc (03/24/05) With copy to: City of Plano, Texas Attention: City Attorney P. O. Box 860358 Plano, TX 75086-0358 Allen: City of Allen, Texas Attention: John Baumgartner, City Engineer 305 Century Parkway Allen, TX 75013 With copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith 1800 Lincoln Plaza Dallas, Texas 75201 The name and address for notification may be changed by notice to the other party. ARTICLE TWELVE 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 THIRTEEN 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 FOURTEEN 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. r11:11111931114yl3ig:l: INTERLOCAL AGREEMENT PAGE N1CKy SemIary\WorkingZnc[ & Res12005(CuneM(26RES - ILA with Plano (attach) - PS.doc (0324/05) Interpretation This is a negotiated document and should any part of this Agreement be in dispute, the parties agree that the Agreement shall not be construed more favorably for either party. ARTICLE SIXTEEN Remedies, Non -Waiver No right or remedy granted herein or reserved to the parties is exclusive of any right or remedy granted by law or equity, but each shall be cumulative of every right or remedy given hereunder. No covenant or condition of this Agreement may be waived without the express written consent of the parties. It is further agreed that one or more instances of forbearance by either party in the exercise of its respective rights under this Agreement shall in no way constitute a waiver thereof. ARTICLE SEVENTEEN Entire Agreement This Agreement embodies the entire agreement between the parties and may only be modified in writing executed by both parties. ATTEST: CITY OF PLANO, TEXAS By: By: Name: Elaine Bealke Name: Thomas H. Muehlenbeck Title: City Secretary Title: City Manager Date: Date: Executed on behalf of the City of Plano pursuant to City Council Resolution No. APPROVED AS TO FORM: By: Name: Diane Wetherbee Title: City Attorney Date: INTERLOCAL AGREEMENT PAGE N:\Cry Sx taMwofkingWN&Rest2l)(IMunant\26RES-ILA with Plano(attach) - PS.doe(03/24/05) ATTEST: CITY OF ALLEN, TEXAS By: By: /j-^-� Name: tKelley B.(George 4 Name: Peter H. Varga Title: City Secretary Title: City Manager Date: s-S-0 Date: 21-,28-1) Executed on behalf of the City of Allen pursuant to City Council Resolution No. 0�39o7-1i-GS� ) APPROVED AS TO FORM: By: ' Name: Peter G. Smitfi Title: City Attorney Date: S- S-OS" INTERLOCAL AGREEMENT PAGE N:CRy Se IaMWoraing\Ord8Ras\2005\Cunent\25RES-ILA with Plano(atlach)- PS.doc(03/24105) ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on the day of , 2005, by THOMAS H. MUEHLENBECK, City Manager of the CITY OF PLANO, TEXAS, a home -rule municipal corporation, on behalf of said municipal corporation. Notary Public, State of STATE OF TEXAS COUNTY OF COLLIN § This instrument was acknowledged before me on the _'U" day of �.Evr it , 2005, by PETER H. VARGAS, City Manager of the CITY ALLEN, TEXAS, a home -rule municipal corporation, on behalf of said municipal corporation. KAY DRESCHER Notary Pu lic, State of Texas ,Q{+' l.z'Y PUMe, Sao dTmuts ,4 ao,R e' °hen Ect JUNE 15, 20088 INTERLOCAL AGREEMENT PAGE NACity Secretary\Working\OrE & Res\2005\CurrentT6RES- ILAw h Plano (attach) - PS.tloc (0324/05) EXHIBIT- OPINION OF PROBABLE CONSTRUCTION COST REM NO. DESCRIPTION UNIT QUANT' UNIT PRICE COST 1101 REMOVAL OF REINFORCED CONCRETE SY 60 $ 15.00 $ 900.00 PAVEMENT SAWCUT, REMOVE, AND DISPOSE OF 1102 EXISTING CONCRETE CURB AND LF 472 $ 6.00 $ 2,832.00 GUTTER 1103 UNCLASSIFIED EXCAVATION CY 971 $ 3.50 $ 3,398.50 1104 SUBGRADE PREPARATION BY 2324 $ 1.75 $ 4,067.00 1105 LIME (33 - 36 #/BY) TON 40.1 $ 12D.00 $ 4,81200 1106 CONSTRUCT UNDERCUT STREET LF 100 $ 1,000.DO 1107 LONGITUDINAL BUTT JOINT LF 611 $ 4,868.00 1108 8" REINFORCED CONCRETE PAVEMENT BY 2420 $ 84,700.00 1109 10'REINFORCED CONCRETE SY 433 12.5M.00 $ 19,052.00 PAVEMENT 1110 INSTALL MEDIAN PAVERS SF 58 $ 37700 1111 MEDIAN NOSE EA 1 $ 2,500.00 1112 &RECESSED CURB INLET EA 1 $ 2,100.00 1113 18" CLASS 111 RCP LF 8 $ 44.00 $ 35200 1114 CONNECTION TO EXISTING RCP EA 1 $ 750.00 $ 750.00 1115 REMOVE AND RELOCATE EXISTING LF FENCES ALL TYPES 720 $ 6.00 $ 4,320.00 1116 4' NON -REFLECTIVE ACRYLLIC WHITE EA 52 $ 3.25 $ 169.00 MARKERS 1117 4" x 4' ONE-WAY REFLECTIVE CLEAR EA 199 $ 4.00 $ 7%W ACRYLIC TRAFFIC BUTTONS 1118 4' x 4'BI-DIRECTIONAL REFLECTIVE Fit 10 $ 5.50 $ 55.00 AMBER ACRYLIC TRAFFIC BUTTONS 1119 6" SQUARE REFLECTIVE CERAMIC EA 79 $ 750 $ 592.50 YELLOW JIGGLE BAR 1120 4" SOLID WHITE EDGE LINE LF 114 $ 2,00 $ 22800 (THERMOPLASTI 1121 4" SOLID YELLOW EDGE LINE LF 125 $ 2.00 $ 250.00 (THERMOPLASTIC) 1122 ARROW AND SYMBOL PAVEMENT EA 4 $ 150.00 S 600.00 MARKING 1123 TEMPORARY METAL BEAM GUARD LF 108 $ 24.00 $ 2,592.00 FENCE 1124 2 LIGHTED ARROW BOARDS LS 1 $ 30DDOO $ 3,000.00 1125 REMOVE AND RELOCATE REGULATORY LS SIGNS 1 $ 1,600.00 $ 1,500.00 1126 TRAFFIC CONTROL LS 1 $ 4,500.OD $ 4,500.00 7127 EROSION CONTROL LS 1 $ 5'mm $ 5,000.00 1128 4' .8.PROJECT SIGNS EA 2 $ 600.00 $ 1,2D000 1129 PROJECT CLEAN-UP LS 1 $ 2,000.00 $ 2JK000 SUBTOTAL S 158,531.00 CONTINGENCY (25%): $ 39,632.75 TOTAL: $ 198,163.75 INTERLOCAL AGREEMENT PAGE N:1CBy Se tar)A~King10M & Re41 WMCurt M1261RES - ILA with Plm (attach) - PS.Eoc (0324/05) FW Evens Mayor Ken Lembelt MeyerProT. Soot( Jota," Deputy Maya Pro Tan Shap Stahel Hrel Lmlta Ellelbe H-3 Selly Magnuson 1I 4 Hany "Rosdiere P1.5 Jean call. H7 Tpn1Y H. MaMbnbedt chyme 9 P.O. Box 060350 Pla., Teras]500603M 912-911-7000 w ,plano9 AM city of pion' -0 NOTICE OF CERTIFICATION I, Elaine Bealke, City Secretary, City of Plano, Texas, do hereby certify that the attached document is a true and correct copy of Resolution No. 2005-6-5 (R) duly passed and adopted on June 13 20 os by the Plano City Council, as the same appears of record and filed among the official records in the Office of the City Secretary, and that I am the official custodian of same. WITNESS MY HAND AND OFFICIAL SEAL this 16th day of m restart dot 20o5 . for: Elaine Bealke, City Secretary RESOLUTION NO. 2005-6-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLANO, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF PLANO AND CITY OF ALLEN, TEXAS, PROVIDING TERMS AND CONDITIONS FOR THE IMPROVEMENTS TO RIDGEVIEW DRIVE FROM WEST OF INDEPENDENCE PARKWAY TO EAST OF CUSTER ROAD; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER OR, IN HIS ABSENCE, AN EXECUTIVE DIRECTOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, authorizes governmental entities to contract with each other to perform government functions and services under the terms thereof; and WHEREAS, the City Council has been presented a proposed Interlocal Cooperation Agreement by and between the City of Plano, Texas, and City of Allen, Texas, providing terms and conditions for the Improvements to Ridgeview Drive from West of Independence Parkway to East of Custer Road, a substantial copy of which is attached hereto as Exhibit "A" and incorporated herein by reference (hereinafter called "Agreement'); and WHEREAS, upon full review and consideration of the Agreement, and all matters attendant and related thereto, the City Council is of the opinion that the terms and conditions thereof should be approved, and that the City Manager or, in his absence, an Executive Director should be authorized to execute it on behalf of the City of Plano. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLANO, TEXAS, THAT: Section I. The terms and conditions of the Agreement, having been reviewed by the City Council of the City of Plano and found to be acceptable and in the best interest of the City of Plano and its citizens, are hereby in all things approved. Section Il. The City Manager or, in his absence, an Executive Director is hereby authorized to execute the Agreement and all other documents in connection therewith on behalf of the City of Plano, substantially according to the terms and conditions set forth in the Agreement. LSWGEN DA:%13RES-Ridge w -Independence -Custer -CGA RESOLUTION NO. 2005-6-5(R) Pegs 2 Section III. This Resolution shall become effective immediately upon its passage. DULY PASSED AND APPROVED the 13th day of ,lune .2005. AtL,il; Pat Evans, MAYOR ATTEST: Elaine Bealke, CITY SECRETARY APPROVED AS TO FORM: LSWGEN GA:W13RE5-RidgeAe Independence-Custer-COA RESOLUTION NO. 2005-6-5(R) EXHIBIT"A" - PAGE OF INTERLOCAL AGREEMENT BETWEEN CITY OF PLANO AND CITY OF ALLEN CONCERNING THE IMPROVEMENTS TO RIDGEVIEW DRIVE FROM WEST OF INDEPENDENCE PARKWAY T0. EAST OF CUSTER ROAD THIS AGREEMENT I& made between the CITY OF PLANO, TEXAS, a home -rule municipal corporation (hereinafter referred to as 'Plano") and the CITY OF ALLEN, TEXAS, a home -rule municipal corporation (hereinafter referred to as "Allen"), acting by and through their City Managers or their duly authorized representatives, as follows: WITNESSETH: WHEREAS, Plano and Allen (hereinafter the "parties") desire to enter into an agreement concerning the construction, widening and transition of Ridgeview Drive, from a point 427 feet west of Independence Parkway to a point 450 feet east of Custer Road in the Cities of Plano and Allen, Collin County, Texas, and for the payment of the costs thereof (hereinafter the "Project"); 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 construction, widening and transition of Ridgeview Drive to a six (6) lane divided thoroughfare from a point 427 feet west of Independence to a point 450 feet east of Custer is a governmental function which will benefit the citizens of both parties; and WHEREAS, the parties will have current funds available to satisfy their obligations at the time those obligations become due; and WHEREAS, the parties have determined that the Ridgeview Drive improvements may be constructed most expeditiously and economically by implementing this Agreement as set forth below. NOW, THEREFORE, this Agreement is made and entered into by Plano and Allen for the mutual consideration stated herein. ARTICLE ONE Ridgeview Drive Improvements 1.01 Plano shall construct two (2) to four (4) lanes of concrete paving, depending on the number of lanes already built, to complete a six (6) lane divided roadway (Ridgeview Drive) which includes curbs, inlets and storm sewer INTERLOCAL AGREEMENT PAGE NACity Semwryworking\Ord & ReM200SCurrenf,26RES - ILA with Plano (attach) - PS.doe (0324105) RESOLUTION NO. 2005-6-5 (R) EXHIBIT "A" - PAGE 2 OF 9 facilities, from Custer Road west to a point 427 feet west of Independence Parkway, hereinafter called the "Plano Improvements." 1.02. Plano shall construct four (4) lanes of concrete paving, to complete a six (6) lane divided roadway (Ridgeview Drive) which includes curbs, inlets and storm sewer facilities, from Custer Road in the City of Allen, Texas east to a point 450 feet east of Custer Road. 1.03. Plano shall construct the transition of Ridgeview Drive from the two (2) lane road section to the six (6) lane divided road section east of Custer Road in the City of Allen, Texas. 1.04. Plano shall also construct a left -turn lane from west bound Ridgeview Drive to south bound Custer Road, in the City of Allen, Texas. The above items 1.02, 1.03 and 1.04 are hereinafter called the "Allen Improvements." See Exhibit A. ARTICLE TWO Design Plano shall arrange and coordinate the design of the Improvements as provided above. All Improvements shall be designed to meet or exceed current design standards and shall be constructed in accordance with the plans and specifications approved by the parties. Plano will provide Allen with a copy of the design plans for comment prior to finalization. ARTICLE THREE Right -of -Way . Plano will provide all right-of-way required for the Plano Improvements and Allen shall provide all right-of-way required for the Allen Improvements. ARTICLE FOUR Construction Contract Plano shall prepare plans and specifications for the Improvements, accept bids and award a contract to construct the Improvements and administer the construction contracts. In all such activities, Plano shall comply with all state law requirements. Plano will also provide Allen with a copy of the executed construction contract for the Project. INTERLOCAL AGREEMENT PAGE NXily Secretary%WorktngtOrd & ResuW5Scurren026RES - ILA with Plano (attach) - PS.doc (0324/05) RESOLUTION NO. 2005-6-5(R) EXHIBIT "A" - PAGE 3 OF 9 ARTICLE FIVE Duties and Payment -- - 5.01 Plano will pay for one hundred percent (100%) of the Plano Improvements referenced herein and Allen shall pay for one hundred percent (100%) of the Allen Improvements referenced herein based on final constructed quantities and costs. 5.02 The parties estimate that the cost of the Allen Improvements will be ONE HUNDRED AND SEVENTY FIVE THOUSAND AND NO DOLLARS ($176,000.00); however, regardless of whether actual costs equal or exceed this amount, Allen agrees to pay the actual cost of the Allen Improvements to Plano within sixty (60) days following Piano's award of the construction contract. Any adjustments due to final quantities and costs will be made upon completion of the Improvements. ARTICLE SIX Maintenance Responsibility The parties agree upon completion and acceptance of the Improvements herein, each Party shall be responsible for maintaining the improvements located Within their respective corporate city limits. As part of the construction the City of Plano will require the Contractor to provide a 1 year maintenance bond warranting the Allen portion of the improvements from defects in materials and workmanship ARTICLE SEVEN Funding The Parties 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 at the time the payment becomes due. ARTICLE EIGHT Term This Agreement shall be effective upon approval by the City Council and subsequent execution by the City Manager of each party. The effective date will be the later of the dates this Agreement is executed by the parties. This Agreement shall continue in effect annually until all obligations hereunder are completed and each party has given final acceptance of the Project, in writing, to the other party. This Agreement shall automatically renew annually during this period. INTERLOCAL AGREEMENT PAGE WC4 Sacratarytwmidng�Ord & Reat20051CarrenM6RES - ILA with Plano (attach) - PS.doc (0324/05) RESOLUTION NO. 2005-6-5(R) _ EXHIBIT "A" - PAGE 4OF9 ARTICLE NINE Hold Harmless 9.01 Each party does hereby agree to waive all claims against, release, and hold harmless the other party and its respective officials, officers, agents, employees, in both their public and private capacities, from any and all liability, claims, suits, demands, losses, damages, attorney's fees, including all expenses of litigation or settlement, or cause of action which may arise by reason of injury to or death of any person or for loss of, damage to, or loss of use of any property arising out of or in connection with this Agreement. 9.02 In the event of joint or concurrent negligence of the parties, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas without, however, waiving any governmental immunity available to either party individually under Texas law. Plano shall be responsible for its sole negligence. Allen shall be responsible for its sole negligence. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. ARTICLE TEN 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, expressed or implied, other than those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. ARTICLE ELEVEN Notices All notices required under the provisions of this Agreement must be in writing, hand -delivered or sent by registered or certified mail to the addresses below: Plano: City of Piano, Texas Attention: Alan Upchurch, City Engineer P. O. Box 860358 Plano, TX 75086-0358 INTERLOCAL AGREEMENT PAGE 4 NXIty Smetaty WorkingNOrd & Res�2005\Curr r26RES - ILA with Plano (attach) - PS.doc (0824!)5) RESOLUTION NO. 2005-6-5(R) EXHIBIT "A" - PAGE 5 OF 9 With copy to: City of Plano, Texas Attention: City Attorney P. O. Box 860358 Plano, TX 75086-0358 Allen: City of Allen, Texas Attention: John Baumgartner, City Engineer 305 Century Parkway Allen, TX 75013 With copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith 1800 Lincoln Plaza Dallas, Texas 75201 The name and address for notification may be changed by notice to the other party. ARTICLE TWELVE 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 THIRTEEN 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 FOURTEEN 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 FIFTEEN INTERLOCAL AGREEMENT PAGE 5 NXRY Secratary\working\oM&Res=MCUMnti26RES-ILA with Plano(atlach)- PS.doc(0324/05) RESOLUTION NO. 2005-6-5(R) EXHIBIT "A" - PAGE 6 OF 9 Interpretation This is a negotiated document and should any part of this Agreement be in dispute, the parties agree that the Agreement shall not be construed more favorably for either party. ARTICLE SIXTEEN Remedies, Non -Waiver No right or remedy granted herein or reserved to the parties is exclusive of any right or remedy granted by law or equity, but each shall be cumulative of every right or remedy given hereunder. No covenant or condition of this Agreement may be waived without the express written consent of the parties. It is further agreed that one or more instances of forbearance by either party in the exercise of its respective rights under this Agreement shall in no way constitute a waiver thereof. ARTICLE SEVENTEEN Entire Agreement This Agreement embodies the entire agreement between the parties and may only be modified in writing executed by both parties. ATTEST: By: Name: Elaine Bealke Title: City Secretary Date: APPROVED AS TO FO By: r 6 - Nam ne Weth rbee Title. ity Attorney Date: CITY OF PLANO, TEXAS By: Name: Thomas H. Muehlenbeck Title: City Manager Date: Executed on behalf of the City of Plano pursuant to City ' Council Resolution No. INTERLOCAL AGREEMENT PAGE 6 WCMy Sacetery\Worldig\Ord 8 Res\2005\CumntWRES - ILA with Plano (attach) - PS.doc (03/24/05) RESOLUTION NO. 2005-6-5(R) EXHIBIT "A" - PAGE 7 OF 9 ATTEST: CITY OF ALL N, TEXAS By: By: Name: Shelley B. ge Name: Peter H. Vargas Title: City Secreta Title: City Manager Date: 5 --S -O Date: �f-28-O5 APPROVED AS TO FORM: By: �� Name: Peter G. Smith Title: City Atorney Date: a —r-03— Executed on behalf of the City of Allen pursuant to City Council Resolution NO. a(c39o�{-�-bS(Z� INTERLOCAL AGREEMENT PAGE N:" SecretaryWorkingCM & Res\2005\CurtenA26RES - ILA vnth Plano (attach) - PS.doc (03/24/05) RESOLUTION NO. 2005-6-5(R) EXHIBIT "A" - PAGE 8 OF 9 ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on the day of , 2005, by THOMAS H. MUEHLENBECK, City Manager of the CITY OF PLANO, TEXAS, a home -rule municipal corporation, on behalf of said municipal corporation. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF COLLIN § /IThisinstrument was acknowledged before me on the day of 2005, by PETER H. VARGAS, City Manager of the CITY F ALLEN, TEXAS, a home -rule municipal corporation, on behalf of said municipal corporation. '. KAY DRESCFIER °G�yj&SPc.SeoaTaaa Notary Publ' ,State of Texas JUNE 15,2008 INTERLOCAL AGREEMENT PAGE WC9y SacretzrytWorking\ON & Res@0WCun,an026RES - ILA with Plano (attach) - PS.doc (03124/05) RESOLUTION NO. 2005-6-5(g) EXHIBIT "A" - PAGE 9 OF 9 EXHIBIT - OPINION OF PROBABLE CONSTRUCTION COST ITEM NO. DESCRIPTION UNIT APPROX. UNIT PRICE COST QUANT. 1101 REMOVAL OF REINFORCED CONCRETE SY 60 $ 15.00 $ 900.00 PAVEMENT SAWCUT. REMOVE, AND DISPOSE OF 1102 EXISTING CONCRETE CURB AND LF 472 $ 6.00 $ 2,832.00 GUTTER 1103 UNCLASSIFIED EXCAVATION CY 971 $ 3.50 $ 3,398.50 1104 SUBGRADE PREPARATION SY 2324 S 1.75 S 4,067.00 1105 LIME (33.36;NSY) TON 40.1 $ 120.00 $ 4,812.00 1106 CONSTRUCT UNDERCUT STREET LF 100 $ 10.00 $ 1,000.00 HEADER 1107 LONGITUDINAL BUTT JOINT LF 811 $ 8.00 $ 4,888.00 1108 V REINFORCED CONCRETE PAVEMENT BY 2420 S 35.00 $ 84,700.00 1109 10' REINFORCED CONCRETE SY 433 $ 44.00 $ 19,052.00 PAVEMENT 1110 INSTALL MEDIAN PAVERS SF 58 $ 6.50 $ 377.00 1111 MEDIAN NOSE EA 1 $ 2,500.00 $ 2,500.00 1112 8' RECESSED CURB INLET EA 1 $ 2,100.00 $ 2,100.00 1113 18' CLASS III RCP LF- 8 $ 44.00 $ 352.00 1114 CONNECTION TO EXISTING RCP EA 1 $ 750.00 $ 750.00 1115 REMOVE AND RELOCATE EXISTING LF 720 $ 6.00 $ 4,320.00 FENCES LL TIDES 1116 4' NON -REFLECTIVE ACRYLUC WHITE EA 52 $ 325 $ 169.OD MARKERS 1117 4" x 4' ONE-WAY REFLECTIVE CLEAR EA 199 $ 4.00 $ 796.00 - ACRYLIC TRAFFIC BUTTONS 1118 4-x 4'BI-0IRECTIONAL REFLECTIVE EA 10 S 5.50 $ 55.00 AMBER ACRYLIC TRAFFIC BUTTONS 1118 8' SQUARE REFLECTIVE CERAMIC EA 79 S 7.50 $ 592.50 YELLOW JIGGLE BAR 1120 4- SOLID WHITE EDGE LINE LF 114 $ 2.00 $ 228.00 (THERMOPLASTIC) 1121 4• SOLID YELLOW EDGE LINE LF 125 $ 2.00 $ 250.OD ERMOPLASTIC 1122 ARROW AND SYMBOL PAVEMENT EA 4 $ 150.00 $ 600.00 MARKING 1123 TEMPORARY METAL BEAM GUARD LF 108 S 24.00 $ 2,592.00 FENCE 1124 2 LIGHTED ARROW BOARDS LS 1 $ 3,000.00 $ 3,000.00 1125 REMOVE AN RRELOCATE REGULATORY LS 1 $ 1,500.00 $ 1,500.00 SIGNS 1126 TRAFFIC CONTROL LS 1 $ 4,500.00 $ 4,500.00 1127 EROSION CONTROL LS 1 $ 5,000.00 $ 5,100.00 1128 4' x 8' PROJECT SIGNS EA 2 $ 600.00 $ 1,200.00 1129 PROJECT CLEAN-UP LS 1 $ 2,000.00 $ 2.000.00 SUBTOTAL $ 158,531.W CONTINGENCY (25%): $ 39.632.75 TOTAL: $ 198.163,75 INTERLOCAL AGREEMENT PAGE N.."C8y Swstary\Woddlg\Ord $ R"Qoo5\Cu.nt\26RES - IIA w8h Plano (attach) - PS.doc (032ll05)