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HomeMy WebLinkAboutR-2351-12-04RESOLUTION NO. 2351-12-04(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 AND THE CITY OF ALLEN, TEXAS, CONCERNING THE DESIGN OF WEST EXCHANGE PARKWAY; 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, Texas, and the City of Allen, Texas, for the design 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 terns 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 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 14"r DAY OF DECEMBER. 2004. APPROVED: Stephen errell, MAYOR ATTEST: SL-14� ' Shelley B. Georg C, CITY S RETARY ORIGINAL INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF ALLEN CONCERNING THE ENGINEERING AND CONSTRUCTION OF EXCHANGE PARKWAY PAVING AND DRAINAGE IMPROVEMENTS 2003 BOND PROJECT MS -9s -44 -oz - WHEREAS, the County of Collin, Texas ("County") and the City of Allen, Texas ("City") desire to enter into an agreement concerning the construction of Exchange from Watters Road to Watters Branch and from Twin Creeks Drive to SH 121 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 City 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 City upon and for the mutual consideration stated herein, the receipt and sufficiency of which is hereby acknowledged: WITNESSETH: ARTICLE I. The City shall arrange to design and construct improvements to Exchange Parkway, hereinafter called the "Project." The Project shall consist of the design and construction of a 4 - lane divided roadway, underground storm sewers and street lighting between Watters Road and Watters Branch and from Twin Creeks Drive to SH 121. 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 City and the County. ARTICLE II. The Project will be separated into two phases, Phase I and Phase Il. This agreement shall apply only to Phase I. Phase II shall be under a separate Interlocal Agreement. Activity in each phase shall be as indicated below: Phase I: Engineerine The City 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 City shall administer the engineering services agreement as set forth in Article IV below. Interlocal Agreement Collin County —Allen (Exchange Parkway) - Page 1 Phase II: Riehtof-wav acouisition and Construction The City shall acquire all necessary right-of-way for the Project. The City 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 City 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 $7,500,000 with the engineering portion (including engineering, right-fo way documents, geotech, and land appraisals,) being approximately $600,000. The County agrees to fund 50% of the total (up to a maximum of $300,000) for the engineering portion of the Project. The City agrees to fund the remainder of the engineering. The 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 City shall select a properly licensed engineering firm and execute an engineering services agreement. The City will provide administration of the engineering services agreement and all necessary review of the plans and specifications associated with this Project. The City will provide the County with copies of the plans and specifications at 50%, 65% and 1000/oplancompletion. The City 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 City issues a Notice to Proceed to the selected engineering firm. When the preliminary Project design is completed, the County will remit to the City all remaining $125,000 associated with engineering services, said payment to be made within thirty (30) days after receipt of the notice from the City that the preliminary Project design is fifty percent (50%) complete. ARTICLE VI. Allen 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 - ARTICLE VII. Interlocal Agreement Collin County— Allen (Exchange Parkway) - Page 2 The City and County agree that right-of-way acquisition shall begin after the City completes the engineering plans and right-of-way schematic. The City 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 City 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 City 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 clams 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. 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. Interlocal Agreement Collin County — Allen (Exchange Parkway) - Page 3 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. 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: Date: ATTEST: By: -� Name: Nelle eorge Title: City Secretary Date: ' :::1!1 � APPROVED AS TO FORM: By:�62�& Name: Peter G. Smith Title: C Date: 3�� %/6Jity Attome}' Interlocal Agreement Collin County - Allen (Exchange Parkway) - Page 4 COUNTY gRGOLLI11f, TEXAS By:�C , L 06. Name: Ron Hams Title: County Judge Date:I,�—/— A-e/l Executed on iliis &A day 9 by the County of Collin, pursuant to Commissioners' Court Order No.XW- qfg- Il "a3 CITY OF ALLEN, TEXAS By: — ...-.� Name: Peter H. Va gas Title: City Manage Date:_ 13 Executed on behalf of the City of Allen pursuant to the City Council Resolution No._ �€jl-1.1-t7t1 (.2J MD/:PnERLOCALAGREEMENTEXCH NGEPARXWAY �Z En