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R-2244-12-03RESOLUTION NO. 2244-12-03(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 COLLIN COUNTY, TEXAS, CONCERNING PARTIAL FUNDING FOR THE RECONSTRUCTION OF MAIN STREET; 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 reconstruction of Main Street from Allen Heights to Angel parkway, a copy of which is attached hereto as Exhibit "A" 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; and, WHEREAS, Collin County has agreed to fund 50% of the Main Street improvements up to a maximum of $3,200,000; and, WHEREAS, the Agreement provides for Collin County to provide funding, when the project is 50% complete or the bonds have been authorized and sold by Collin County, whichever occurs later. ' NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1: The terms 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 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 terns and conditions set forth in this Agreement. SECTION 3: The City Secretary shall forward a certified copy of this Resolution to County Judge Ron Hams and Ruben Delgado, Director of Engineering with Collin County. 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 9T" DAY OF DECEMBER 2003. APPROVED: ' Stephen(E,LTerreB,MAYOR ATTEST: C p AS YCe'�ICITY Shelley Georg COURT ORDER NO. 2004- 0S-1 -02-10 THE STATE OF TEXAS AGREEMENTS INTERLOCAL AGREEMENT CITY OF ALLEN MAIN STREET IMPROVEMENTS COUNTY OF COLLIN ENGINEERING On February 10, 2004, the Commissioners Court of Collin County, Texas, met in regular session with the following members present and participating, to wit: Ron Harris County Judge, Presiding Phyllis Cole Commissioner, Precinct 1 Jerry Hoagland NOTPRESENT Commissioner, Precinct 2 Joe Jaynes Commissioner, Precinct 3 Jack Hatchell Commissioner, Precinct 4 During such session the court considered approval of an Interlocal Agreement with the City of Allen for the construction of Main Street improvements from Allen Heights Drive to Angel Parkway/FM 2551. Thereupon, a motion was made, seconded and carried with a majority vote of the court authorizing the attached Interlocal Agreement with the City of Allen for the construction of Main Street improvements from Allen Heights Drive to Angel Parkway/FM 2551, Collin County's participation cost is $3,200,000. Same is hereby approved as per the attached documentation. n / ATTEST: Brenda Taylor, Ex -Officio Clerk Commissioners' Court Collin County, T E X A S T:bheoh"eW a�M20WNL.RWc 1--W1 &. mcn .0210m COMMISSIONERS' COIIRT.A(;F.TTi)A RFni TFCT FORM nI REQUESTS MUST BE RECEIVED NO LATER THAN 12:00 PN- RECEIVCOMMISSIONER'S ES ONTHE TUESDAY PRKNiTOTHE MONDAY MEETING . (C URDEGULAR - INSTRUCTIONS ON THE REVERSE CONSENT REQUE . Dam: 0120/04 CootDft 02I10N4 PlcnmEt 3728 Depemnent Engineering Depanment DescrOdon of Agenda Kam: BUDGET RELATED INFORMATION 1 Request for Approval Of Interlocal Agreement Between Collin MUST COMPLETE FOR ALL EXPENDITUREsmws County and the City o Allen for Construction of Main Street umlawaam.mneaewpac 1 Nr Improvements from Allen Heights Drive to Angel Parkway/ Amoan aaagm $3,200,000 FM 2551 -2003 Bond Program"- -- ----- O9 0 - DEPARTMENT H Armimt Numtet • D SIGNATURE PURCHASIN PARTMENTACTION & COMMENTS � - Enmr'no[m exceetl'cplesdmam(s)fortlle requeamO kem(s): CHECK TWO OFTHE BELOW BOND REQUIRED. ADVERTISE BIDS ANNUALACTION: EFFECTIVE: -_ AWARD PROPoSAIS AD DATES: OPEN DATERIME: Kam DnviPdon for Aaende Commissioners' Court consideration and any action for approval of Interlocal aree,94 with the City of Allen and Collin County for the construction f HaiIn Street imp ts from Alion Heigh Rermrks: Drive to Ansel Parkwa PM 2551 Participation cost PURCHASING AGENT SIGNATURE ac - COMMENTS BUDGET FUNDING VERIFICATION BUDGET AMENDMENT REQUIRED FUNDS AVAILABLE NONEMERGENCY, Sae 111.011 LOC Aa ACCOLNTN MB RFOR AV N(Needed mr AgeMe SuhMWon) FUIDSTRANBFER RECOMAENDAmON AMOUNT am $ Fmm O r r i Fmm L - b = S To W O s To a D Rmmrke: 3 p, CD CJ O COUNTY AUDITOR SIGNATURE: oe BUDGET OFFICER SIGNAN0.E: Engineering Department To: Commissioners Court Date: 1/20/04 From: Ruben Delgado Subject: Interlocal Agreement between Collin County and the City of Allen Concerning the construction of Main Street improvements from Allen Heights Drive to Angel Parkway/FM 2551 2003 Bond Project We request Commissioners Court consider approval of the above subject Interlocal Agreement for engineering and construction of Main Street improvements from Allen Heights Drive to Angel Parkway/FM 2551 — see attached location map. Collin County's participation cost is $3.2MM. We request Commissioners Court consider approval of the Interlocal Agreement and authorize County Judge Ron Harris to sign the ILA. xc: Bill Bilyeu Rodney Rhoades -30 T 0 3 X y ax M ma Z4a HA2 oon ;mom °Z AA) y v n BENTON OC 9� o E ?y k ENTERA IS 'SIM M O p a I AA P ® FFA AmniN3 'cam I -- ��,, T�, al _L �j � lci� N�2- CF sLLanO Swa I v F S GOOM3 MMAN pw sG T "C w PUNZ. � c u 40 91A 3aOWVDAS 1 MOM. IV , . � im 2CIGi R V xp� �M p n a3BW - m 3 N3A3H9-I n/�S" C r I r. NVW3ZC py tsh� I 3NOl i 7 O li r130 ' r O ETHANY LAKE ARbOF IDGE n ' 5 1NVSV37d A i,6m� ---riL Z Wd Zr�� NOSIIN F a� �c N GaVHOaO. SIM3I BEECAVE3— = W�ONINIA :O pp NNAI N m Fn N N Z d� tlS Natld F iz O w HONEi YSUCKLE �' NOOa 31.IH m CITY OF ALLEN January 6, 2004 Mr. Ruben Delgado, P.E. Collin County Engineering Department 825 N. McDonald Street Suite 160 McKinney, Texas 75069 Re: Bethany Drive & Main Street Interlocal Agreements Dear Mr. Ruben: Attached are four originals of each Interlocal Agreement between Collin County and the City of Allen concerning the construction of Main Street improvements from Allen Heights Drive to Angel Parkway/FM 2551 and the construction of Bethany Drive improvements from US 75 to Allen Heights Drive. Please keep two of the originals (of each agreement) for your records and return two of each to us. We look forward to working with you to implement these important infrastructure projects. Please call me directly if you need additional information. Sincereg yours, John Baunngartn r City Engineer Attachments: Interlocal Agreements Certified Council Resolutions ALLEN CIVIC PLAZA • 705 CENTURY PARKWAY - ALLEN, TEXAS 75017-8042 972727-0100 EMAIL: wa@ci.a11enAx.us CITY OF ALLEN CERTIFICATION CITY OF ALLEN, TEXAS COLLIN COUNTY, TEXAS I, Shelley B. George, City Secretary of the City of Allen, Collin County, Texas, do hereby certify that the attached is a true and correct copy of the City of Allen Resolution No. 2244-12-03(R) duly passed and approved by the City Council of the City of Allen, Texas, on the 9" day of December, 2003. WITNESS MY HAND AND SEAL OF SAID CITY, this the 12" day of December, 2003. Shelley B. Geofge City Secretary City of Allen, Texas ALLEN CIVIC PLAZA • 305 CENTURY PARKWAY • ALLEN, TEXAS 75013-8042 972/727-0100 EMAIL: C0a®city0f8llen.0r9 RESOLUTION NO. 2244-12-03(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 COLLIN COUNTY, TEXAS, CONCERNING PARTIAL FUNDING FOR THE RECONSTRUCTION OF MAIN STREET; 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 reconstruction of Main Street from Allen Heights to Angel Parkway, a copy of which is attached hereto as Exhibit "A" 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 and, WHEREAS, Collin County has agreed to fund 50% of the Main Street improvements up to a maximum of $3,200,000; and, WHEREAS, the Agreement provides for Collin County to provide funding, when the project is 50% complete or the bonds have been authorized and sold by Collin County, whichever occurs later. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1: The terms 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 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 3: The City Secretary shall forward a certified copy of this Resolution to County Judge Ron Hams and Ruben Delgado, Director of Engineering with Collin County. - 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 E DAY OF DECEMBER, 2003. APPROVED: Stephin MAYOR ATTEST: Shelley George, TRPIC, CITY SECRETARY CITY OF ALLEN CERTIFICATION CITY OF ALLEN, TEXAS COLLIN COUNTY, TEXAS I, Shelley B. George, City Secretary of the City of Allen, Collin County, Texas, do hereby certify that the attached is a true and correct copy of the City of Allen Resolution No. 2245-12-03(R) duly passed and approved by the City Council of the City of Allen, Texas, on the 9" day of December, 2003. WITNESS MY HAND AND SEAL OF SAID CITY, this the 12'" day of December, 2003. r- 1 Shelley B. Georgb City Secretary City of Allen, Texas ALLEN CIVIC PLAZA • 305 CENTURY PARKWAY • ALLEN. TEXAS 75013-8042 9721727-0100 EMAIL: coa@cityofallen.org RESOLUTION NO. 2245-12-03(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, DETERMINING THE NECESSITY FOR THE ACQUISITION OF STREET RIGHT-OF-WAY FOR EAST MAIN STREET AS DESCRIBED IN THE EXHIBITS ATTACHED HERETO, WITHIN THE CITY OF ALLEN, COLLIN COUNTY, TEXAS; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE RIGHT-OF-WAY; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The City Council of the City of Allen, Texas, hereby finds and determines that a public necessity exists for the welfare of the City and its citizens and it is in the public interest to acquire street right- of-way for the widening of East Main Street as described in the exhibits attached hereto, and being made a part hereof for all purposes. SECTION 2. The City Manager or designee is hereby authorized on behalf of the City to acquire the necessary right-of-way, and if necessary to attempt to agree on damages and compensation to be paid to the owners of the property. If the City Manager or designee is unable to acquire the necessary right-of-way or determines that an agreement as to damages and compensation cannot be reached then the City Attorney or designee is hereby authorized to file or cause to be filed against the owners and interested parties of the property, proceedings in eminent domain to acquire the street fight -of -way. SECTION 3. If it is later determined that there are any enmrs in the descriptions contained herein or if later surveys contain more accurate revised descriptions, the City Attorney or designee is authorized to have such erom corrected or revisions made without the necessity of obtaining City Council approval authorizing the condemnation of the corrected or revised property. SECTION 4. 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 TIES THE 9"r DAY OF DECEMBER, 2003. APPROVED: Stephen Terrell, MAYO ATTEST: Shelley B. George TRMC, CITY SECRETARY INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF ALLEN CONCERNING THE CONSTRUCTION OF MAIN STREET IMPROVEMENTS FROM ALLEN HEIGHTS DRIVE TO ANGEL PARKWAY/FM 2551 PROPOSED 2003 BOND PROJECT WHEREAS, the County of Collin, Texas, ("County") and the City of Allen, Texas, ("City'l desire to enter into an agreement concerning the construction of improvements to Main Street (the "Project") in Allen, Collin County, Texas; 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 City and 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 the City upon and for the mutual consideration stated herein. WITNESSETH: ARTICLE 1. The City shall design, advertise, bid, and award a contract to construct improvements to Main Street (See Exhibit "A"), hereinafter called the "Project". The Project shall consist of reconstructing Main Street as a 6 -lane median divided arterial from Allen Heights Drive east through the intersection with Angel Patkway/FM2551 and includes the intersection with FM 2551 with appurtenances, a distance of approximately 1.2 miles. The improvements shall also include construction of underground storm sewers as part of the road improvements. All improvements shall be designed to meet or exceed the current Collin County design standards and shall be constructed in accordance with the plans and specifications approved by the City. ARTICLE H. The City of Allen shall prepare plans and specifications for the improvements, advertise, bid and award a contract to construct the project and administer the construction contract. ARTICLE III. The City of Allen will acquire all necessary right -0f --way. ARTICLE IV. The City estimates the total actual cost of the Project to be $6,400,000. The County agrees to fiord one half of the total Project cost, in an amount not to exceed $3,200,000. The County shall remit 50% of this amount,$1,600,000within thirty (30) days after the City issues a notice to proceed (estimated to start September 2004) to the lowest responsible bidder and the City requests payment or upon the availability of bond funds for this Project, whichever occurs later. The County will remit the remaining 50% within thirty (30) days after receipt of notice from the City that the Project is 50% complete. Following completion of the Project, the City shall provide a final accounting of expenditures for the Project. If the actual cost to construct the Project is less than the estimated amount set forth herein, the City shall remit the County 50% of the difference between the estimated cost and the actual cost. The Commissioner Court may revise this payment schedule based on the progress of the Project. The total Project cost shall include land acquisition, engineering, construction, inspection, material testing and construction administration costs. The City shall not be eligible for any interest expense. ARTICLE V. If the total Project cost to construct the improvements exceeds $6,400,OOOthe City shall pay the excess costs. The County's participation in the project shall not exceed $3,200,000. ARTICLE VI. The City and County 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 patty. ARTICLE VII. 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 ATTORNEYS' 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. 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 the 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 X. ENTIRE AGREEMENT. The agreement embodies the entire agreement between the parties and may only be modified in a writing 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 or transfer an interest in this agreement without the written consent of the other party. ARTICLE XII. 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 of 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 XIII. TERM. This agreement shall be effective upon execution by both parties and shall continue in effect annually until final acceptance of the Project. This agreement shall automatically renew annually during this period. ARTICLE XIV. NOTICE All notices required by this agreement shall be addressed to the following, or other such party or address as either party designates in writing, by certified mail, postage prepaid, or by hand delivery: If intended for Collin County Ruben Delgado, Director of Engineering Collin County Engineering Department 825 McDonald St., Suite 160 McKinney, TX 75069 Telephone: 972-548-3728 Email: directeng@co.collin.tx.us If intended for the City of Allen: Peter H. Vargas, City Manager City of Allen One Allen Civic Plaza 305 Century Parkway Allen, TX 75013 Telephone: 972-727-0110 Email: nvar¢asAcitvofallen.ore With copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager, & Smith 1800 Lincoln Plaza 500 N. Akard Street Dallas, TX 75201 Telephone: 214-965-9900 Email: psmith@njdhs.com ARTICLE XV. AUTHORITY TO SIGN I CITY COUNCIL AUTHORIZATION The undersigned officer and/or agent of the parties hereto are the duly authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto. The City of Allen has executed this agreement pursuant to duly authorized action of the City Council for the City of Allen, Texas on ,Qat L+K444, 9 , 2003. Collin County has executed this agreement pursuant to duly authorized action of the Commissioners Court Order No. EXECUTED in duplicate originals this _ day of , 2003 COUNT OF COLL TEXAS APPROVED AS TO FORM: By: 10 By: Name: Ron Hams Name: Title: County Judge Title: a004—C?51—Qb) 1 O EXECUTED in duplicate originals this//A day of - be!'2003. CITY OF ALLEN, TEXAS By: Peter H. Xargas CITY M APPROVED AS TO FORM: /b17!„Y-C Q✓ { P ter G. Srhith, CITY ATTORNEY ACKNOWLEDGEMENTS STATE OF TEXAS COUNTY OF COLLIN § This instrument was acknowledged before me on the '�'ttay o 20W, tf' by RON HARRIS, County Judge of the COUNTY OF COLLI , TEXA9, on bQf of said county. My Commission Expires:n L 3,� 9.00i12.00�1 KIMBERLY M. SHELDON Notary Public STATE OF TEXAS My Comm. Exp. 07/30/2007 STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on the JHA day of cbecen.br , 2003, by PETER H. VARGAS, City Manager of the CITY OF ALLEN, TEXAS, a home -rule municipal corporation, on behalf of such corporation. 1 'Z4 Notary Public, tate y Texas My Commission Expires: .�•;::: ConnieS Scho Notary Publa. Slate al Cmm�lmm6m SEPTEMBER 18,-]2004 ORIGINAL INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF ALLEN CONCERNINGFROM ALLEN HEIGHTS DRIVE TO ANGEL PARKWAY/FM 551ENTS PROPOSED 2003 BOND PROJECT WHEREAS, the County of Collin, Texas, ("County") and the City of Allen, Texas, ("City") desire to enter into an agreement concerning the construction of improvements to Main Street (the "Project') in Allen, Collin County, Texas; 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 City and 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 the City upon and for the mutual consideration stated herein. WITNESSETH: ARTICLE I. The City shall design, advertise, bid, and award a contract to construct improvements to Main Street (See Exhibit "A"), hereinafter called the "Project'. The Project shall consist of reconstructing Main Street as a 6 -lane median divided arterial from Allen Heights Drive east through the intersection with Angel Parkway/FM2551 and includes the intersection with FM 2551 with appurtenances, a distance of approximately 1.2 miles. The improvements shall also include construction of underground storm sewers as part of the road improvements. All improvements shall be designed to meet or exceed the current Collin County design standards and shall be constructed in accordance with the plans and specifications approved by the City. ARTICLE II. The City of Allen shall prepare plans and specifications for the improvements, advertise, bid and award a contract to construct the project and administer the construction contract. ARTICLE III. The City of Allen will acquire all necessary right-of-way. ARTICLE IV. The City estimates the total actual cost of the Project to be $6,400,000. The County agrees to fund one half of the total Project cost, in an amount not to exceed $3,200,000. The County shall remit 50% of this amount,$1,600,OOOwithin thirty (30) days after the City issues a notice to proceed (estimated to start September 2004) to the lowest responsible bidder and the City requests payment or upon the availability of bond funds for this Project, whichever occurs later. The County will remit the remaining 50% within thirty (30) days after receipt of notice from the City that the Project is 50% complete. Following completion of the Project, the City shall provide a final accounting of expenditures for the Project. If the actual cost to construct the Project is less than the estimated amount set forth herein, the City shall remit the County 50% of the difference between the estimated cost and the actual cost. The Commissioner Court may revise this payment schedule based on the progress of the Project. The total Project cost shall include land acquisition, engineering, construction, inspection, material testing and construction administration costs. The City shall not be eligible for any interest expense. ARTICLE V. If the total Project cost to construct the improvements exceeds $6,400,OOOthe City shall pay the excess costs. The County's participation in the project shall not exceed $3,200,000. ARTICLE VI. The City and County 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 patty. ARTICLE VII. 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 ATTORNEYS' 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. 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 the 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 X. ENTIRE AGREEMENT. The agreement embodies the entire agreement between the parties and may only be modified in a writing 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 or transfer an interest in this agreement without the written consent of the other party. ARTICLE XII. 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 of 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 XIII. TERM. This agreement shall be effective upon execution by both parties and shall continue in effect annually until final acceptance of the Project. This agreement shall automatically renew annually during this period. ARTICLE XIV. NOTICE All notices required by this agreement shall be addressed to the following, or other such party or address as either party designates in writing, by certified mail, postage prepaid, or by hand delivery: If intended for Collin County: Ruben Delgado, Director of Engineering Collin County Engineering Department 825 McDonald St., Suite 160 McKinney, TX 75069 Telephone: 972-548-3728 Email: directeng@co.collin.tx.us If intended for the City of Allen: Peter H. Vargas, City Manager City of Allen One Allen Civic Plaza 305 Century Parkway Allen, TX 75013 Telephone: 972-727-0110 Email: pvareasna.citvofallen.ore With copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager, & Smith 1800 Lincoln Plaza 500 N. Akard Street Dallas, TX 75201 Telephone: 214-965-9900 Email: psmith@njdhs.com ARTICLE XV. AUTHORITY TO SIGN I CITY COUNCIL AUTHORIZATION The undersigned officer and/or agent of the parties hereto are the duly authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto. The City of Allen has executed this agreement pursuant to duly authorized action of the City Council for the City of Allen, Texas on ,Q¢,epyn,/,cth. 9 , 2003. Collin County has executed this agreement pursuant to duly authorized action of the Commissioners Court Order No. EXECUTED in duplicate originals this _ day of , 2003 COUNT FCOLL TEXAS APPROVED AS TO FORM: By: By: Name: Ron Harris Name: Tide: County Judge Title: EXECUTED in duplicate originals this 114 day of 2003. CITTY OF ALLEN, TEXAS By: Peter H. Var as CITY MANWER APPROVED AS TO FORM: Op L Pet G. Smith, CITY ATTORNEY ACKNOWLEDGEMENTS STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on the aAlay of 200A,4- by 00114-by RON HARRIS, County Judge of the COUNTY OF COLLIN, TIXAT, on be of said county. Notary Publi tate of Texas My Commission Expires: '7I.An)/a nnn) STATE OF TEXAS COUNTY OF COLLIN This,mstnunent was acknowledged before me on the I/7n day of c!1K6rn , 2003, by PETER H. VARGAS, City Manager of the CITY OF ALLEN, TEXAS, a home -rule municipal corporation, on behalf of such corporation. Notary Public, State9 exas My Commission Expires: •—nleS Schofield Nolary Public Slate of Texas .�.. ntv Commisvon Expup '','.•�>q" SEPTEMBER 18, 2004 Engineering Department March 11, 2004 Mr. John Baumgartner, P.E. City Engineer City of Allen Allen Civic Plaza 305 Century Parkway Allen, Texas 75013-8042 Re: Interlocal Agreement —Bethany Drive from US 75 to Allen Heights —Bond #03-002 & Interlocal Agreement — Main Street Improvements — From Allen Heights Drive to Angel Parkway/FM 2551— Bond Project #03-001 Dear Mr. Baumgartner: Enclosed are fully executed ILA's for the above subject projects along with Collin County Court Orders approving same. Please call if you have any questions. Sincerely, 41401/ Director oJEngineering Enclosures (4) MWAIA.ENTRANSMITALLEMR2003BONOPROJECM 625 N. McDonald, Suite 160 McKinney, Texas 75069 • (972)546-3727 • Metro (972)124-1460 Ext.3727 • FAX (972)5463555 INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF ALLEN CONCERNING THE CONSTRUCTION OF MAIN STREET IMPROVEMENTS FROM ALLEN HEIGHTS DRIVE TO ANGEL PARKWAY/FM 2551 PROPOSED 2003 BOND PROJECT WHEREAS, the County of Collin, Texas, ("County") and the City of Allen, Texas, ("City") desire to enter into an agreement concerning the construction of improvements to Main Street (the "Project') in Allen, Collin County, Texas; 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 City and 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 the City upon and for the mutual consideration stated herein. WITNESSETH: ARTICLE I. The City shall design, advertise, bid, and award a contract to construct improvements to Main Street (See Exhibit "A"), hereinafter called the `Project'. The Project shall consist of reconstructing Main Street as a 6 -lane median divided arterial from Allen Heights Drive east through the intersection with Angel Parkway/FM2551 and includes the intersection with FM 2551 with appurtenances, a distance of approximately 1.2 miles. The improvements shall also include construction of underground storm sewers as part of the road improvements. All improvements shall be designed to meet or exceed the current Collin County design standards and shall be constructed in accordance with the plans and specifications approved by the City. ARTICLE II. The City of Allen shall prepare plans and specifications for the improvements, advertise, bid and award a contract to construct the project and administer the construction contract. ARTICLE ID. The City of Allen will acquire all necessary right-of-way. ARTICLE IV. The City estimates the total actual cost of the Project to be $6,400,000. The County agrees to fund one half of the total Project cost, in an amount not to exceed $3,200,000. The County shall remit 50% of this amount,$1,600,OOOwithin thirty (30) days after the City issues a notice to proceed (estimated to start September 2004) to the lowest responsible bidder and the City requests payment or upon the availability of bond funds for this Project, whichever occurs later. The County will remit the remaining 50% within thirty (30) days after receipt of notice from the City that the Project is 50% complete. Following completion of the Project, the City shall provide a final accounting of expenditures for the Project. If the actual cost to construct the Project is less than the estimated amount set forth herein, the City shall remit the County 50% of the difference between the estimated cost and the actual cost. The Commissioner Court may revise this payment schedule based on the progress of the Project. The total Project cost shall include land acquisition, engineering, construction, inspection, material testing and construction administration costs. The City shall not be eligible for any interest expense. ARTICLE V. If the total Project cost to construct the improvements exceeds $6,400,OOOthe City shall pay the excess costs. The County's participation in the project shall not exceed $3,200,000. ARTICLE VI. The City and County 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. ARTICLE VH. 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 ATTORNEYS' 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. 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 the 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 X. ENTIRE AGREEMENT. The agreement embodies the entire agreement between the parties and may only be modified in a writing 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 or transfer an interest in this agreement without the written consent of the other party. ARTICLE XII. 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 of 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 XBI. TERM. This agreement shall be effective upon execution by both parties and shall continue in effect annually until final acceptance of the Project. This agreement shall automatically renew annually during this period. ARTICLE XIV. NOTICE All notices required by this agreement shall be addressed to the following, or other such party or address as either party designates in writing, by certified mail, postage prepaid, or by hand delivery: If intended for Collin County: Ruben Delgado, Director of Engineering Collin County Engineering Department 825 McDonald St., Suite 160 McKinney, TX 75069 Telephone: 972-548-3728 Email: directeng@co.collin.tx.us If intended for the City of Allen: Peter H. Vargas, City Manager City of Allen One Allen Civic Plaza 305 Century Parkway Allen, TX 75013 Telephone: 972-727-0110 Email: ovareas(acitvofallen.0re With copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager, & Smith 1800 Lincoln Plaza 500 N. Akard Street Dallas, TX 75201 Telephone: 214-965-9900 Email: psmitb@njdhs.com ARTICLE XV. AUTHORITY TO SIGN / CITY COUNCIL AUTHORIZATION The undersigned officer and/or agent of the parties hereto are the duly authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto. The City of Allen has executed this agreement pursuant to duly authorized action of the City Council for the City of Allen, Texas on &e&rn.d r1... 1 , 2003. Collin County has executed this agreement pursuant to duly authorized action of the Commissioners Court Order No. EXECUTED in duplicate originals this day of , 2003 APPROVED AS TO FORM: LM Name: Title: COUNTY OF COLLIN, TEXAS In Name: Ron Hams Title: County Judee EXECUTED in duplicate originals this day of eDFC��w,fX� 03. CITY OF ALLEN, TEXAS By: Peter H. V)kfgas CITY M R APPROVED AS TO FORM: r ,4;t Peter G. Smith, CITY ATTORNEY ACKNOWLEDGEMENTS STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on the _day of , 2003, by RON HARRIS, County Judge of the COUNTY OF COLLIN, TEXAS, on behalf of said county. Public, State of Texas My Commission Expires: STATE OF TEXAS COUNTY OF COLLIN TT __ This instrument was acknowledged before me on the � day of �' CPrnbf,= 2003, by PETER H. VARGAS, City Manager of the CITY OF ALLEN, TEXAS, a home -rule municipal corporation, on behalf of such corporation. �1 Notary Public, State ofi1exas My Commission Expires .:' SEPi ORIGINAL INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF ALLEN CONCERNING THE CONSTRUCTION OF BETHANY DRIVE IMPROVEMENTS FROM US 75 TO ALLEN HEIGHTS DRIVE PROPOSED 2003 BOND PROJECT WHEREAS, the County of Collin, Texas, ("County") and the City of Allen, Texas, ("City") desire to enter into an agreement concerning the construction of improvements to Bethany Drive (the "Project") in Allen, Collin County, Texas; 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 City and 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 the City upon and for the mutual consideration stated herein. WITNESSETH: ARTICLE I. The City shall engineer, advertise, award a contract to construct improvements to Bethany Drive (See Exhibit "A"), hereinafter called the "Project" The Project shall consist of constructing two additional lanes in the center median of Bethany Drive from east of US 75 to the intersection with Allen Heights Drive and includes intersection improvements at US 75, Century Parkway, Greenville Avenue (SH5), Jupiter Road and Allen Heights Drive with appurtenances, a distance of approximately 2.25 miles. All improvements shall be designed to meet or exceed the current Collin County design standards and shall be constructed in accordance with the plans and specifications approved by the City. ARTICLE II. The City of Allen shall prepare plans and specifications for the improvements, advertise, bid and award a contract to construct the improvements and administer the construction contract. ARTICLE III. The City of Allen will acquire all necessary right-of-way. ARTICLE IV. The County agrees to fund one half of the total Project cost to construct the improvements which is estimated to be $3,800,000. The County shall remit these funds to the City the latter of substantial completion of the project (scheduled for May 2004) or upon funding of the first issuance of the Collin County Transportation Capital Improvement Bonds. The total Project cost shall include land acquisition, engineering, construction, inspection, material testing and construction administration costs. The City shall not be eligible for any interest expense. Upon substantial completion the City shall prepare for the County an itemized statement specifying project costs. ARTICLE V. If the total Project cost to construct the improvements exceeds $3,800,000, the City shall pay the excess costs. The County share shall be limited to $1,900,000, the amount proposed in the Collin County Transportation Capital Improvement Bond Program tentatively scheduled for November of 2003. ARTICLE VI. The City and County 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. ARTICLE VII, 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 ATTORNEYS, 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. 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 the 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 X. ENTIRE AGREEMENT. The agreement embodies the entire agreement between the parties and may only be modified in a writing 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 or transfer an interest in this agreement without the written consent of the other parry. ARTICLE XII. 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 of 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 XIII. TERM. This agreement shall be effective upon execution by both parties and shall continue in effect annually until final acceptance of the Project. This agreement shall automatically renew annually during this period. ARTICLE XIV. NOTICE. All notices required by this agreement shall be addressed to the following, or other such party or address as either party designates in writing, by certified mail, postage prepaid, or by hand delivery: If intended for Collin County Ruben Delgado, Director of Engineering Collin County Engineering Department 825 McDonald St., Suite 160 McKinney, TX 75069 Telephone: 972-548-3728 Email: directeng@co.collin.tx.us If intended for the City of Allen: Peter H. Vargas, City Manager City of Allen One Allen Civic Plaza 305 Century Parkway Allen, TX 75013 Telephone: 972-727-0110 Email: pvareasalcitvofallen.ore With copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager, & Smith 1800 Lincoln Plaza 500 N. Akard Street Dallas, TX 75201 Telephone: 214-965-9900 Email: psmith@njdhs.com ARTICLE XV. AUTHORITY TO SIGN / CITY COUNCIL AUTHORIZATION The undersigned officer and/or agent of the parties hereto are the duly authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto. The City of Allen has executed this agreement pursuant to duly authorized action of the City Council for the City of Allen, Texas, on Ait¢.n JW1 q , 2003. Collin County has executed this agreement pursuant to duly authorized action of the Commissioners Court Order No. EXECUTED in duplicate originals this day of , 2003. APPROVED AS TO FORM: By: Name: Title: Date: COUNTV"k COLLIN, TEXAS By. Name: Ron Harris Title: County Judge Date: EXECUTED in duplicate originals this 11-A day of j6nG�,w,&—✓2003. CITY OF ALLEN, TEXAS By: Peter H. V gas CITY M AG APPROVED AS TO FORM: Y" Peter G. Smith CI ATTORNEY ACKNOWLEDGEMENTS STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on thea -day of 2003, by RON HARRIS, County Judge of the COUNTY OF COLLIN, TEXAS, on beht6of said county. Notary Public, Sta(e`pf Texas My Commission Expires: oo Riot, M. SHELDONotary PWllc ATE OF TEASmm. Exp. 07/�0/E007 STATE OF TEXAS COUNTY OF COLLIN y, This instrument was acknowledged before me on the � day of 1)Li�.v rn.b�l 2003, by PETER H. VARGAS, City Manager of the CITY OF ALLEN, TEXAS, a home -rule municipal corporation, on behalf of such corporation. My Commission Notary Public, State of Wxas Connie S. Schofield + . • _� Notary Pobhc, Slate of Texas ++ My Cammisvon Ex0l�es ..�'' SEPTEMBER 18, 2004 COURT ORDER NO. 2004- i 3(D -02-10 THE STATE OF TEXAS AGREEMENTS INTERLOCAL AGREEMENT CITY OF ALLEN BETHANY DRIVE IMPROVEMENTS COUNTY OF COLLIN ENGINEERING On February 10, 2004, the Commissioners Court of Collin County, Texas, met in regular session with the following members present and participating, to wit: Ron Harris County Judge, Presiding Phyllis Cole Commissioner, Precinct 1 Commissioner, Precinct 2 Jerry Hoagland NOT PRESENT Joe Jaynes Commissioner, Precinct 3 Jack Hatchet[ Commissioner, Precinct 4 th the Allen for the construction of Bethany Drive such session the court considered mplimprovements frof an om 175gto Allen nlHeights Dr vie. of Thereupon, a motion was made, seconded and carried with a majority vote of the court authorizing the attached Interlocal Agreement with the City of Allen for the construction of Bethany Drive improvements from US 75 to Allen Heights Quive. Collin County's participation cost is $1,900,000. Same is hereby approved as per the a ach d docu entation. �r el ATTEST: Brenda Taylor, Ex -Officio Clerk Commissioners' Court Collin County, T E X A S 1ga d' - COMNIISSIONERS COURT AGENDA RE UEST FORM t REQUESTS MUSTSERECOVEO NO LATER THAN 14:00 PM M'r011v �' AGENDA NUMBER: RECEIVED ON THE TVESDAYPRIOR TO THE MONDAYMEETING. COMMISSIONER'S CO!!� REGULAR - .I" INSTRUCTIONS ON THE REVERSE ONSENT Dam: 0120104 Coad Dam: 02/10/04 phonelEt 3728 Depadnwm: E neering Department BUDGET RELATED INFORMATION I Dexnp6on ofAgenda tem Request for Approval oflnterlocalAgreementBelweenCollin MUST COMPLETE FOR AUEAPENORU s County and the City of Allen for Construction of Bethany Drive I. Mmi: wnaum wmm ewaN: I Improvements from US 75 to Allen Heights Drive AmmntBudgel $1,900.000 2003 Bond Program - - DEPARTMENTH ACmuM Number. _ SIGNATURE: PURCHASING DEP ENT ACTION & COMMENTS Enmr"nolmemxed"mHastlmam(s) Totem'quesled CHECK TWO OF THE BELOW BOND REQUIRED: INS. REQ'D.- ADVERTISE BIDS ANNUAL ACTION. EFFECTIVE: AWARD PROPOSALS AD DATES: OPEN DATEITIME: ' sem Dex pbonfm ACenda Cousissioners' Court Consideration and any action for approval of Interlocal ARreame, with the City of Allen and Collin County for the construction of Bethany Drive improvements from US y-iS to- Remmks:IN PURCHASING AGENT ' SIGNATURE: at BUDGET I FUNDING VERIFICATIO I BUDGET AMENDMENT REQUIRED EMERGENCY, See 111.010 LGC W&�; (Needetl fa l�antla Submission) FUNDS TPANSFER RI OOMAENDATION D ^TMSmIE ACCOUNTl✓UNINEH AMOUNT i F. Cr >a 1 3 Fmm ITI TO { To 4) i 1 f 7 Remrks: ] COUNTYAUDIrOR C SIGNATURE: Rt IDGEI DEPARTMENT ACTION & COMMENTS n � a s w BUDGET OFFICER SIGNATURE: a it Mip To: Commissioners Court Date: 1/20/04 From: Ruben Delgado Subject: Interlocal Agreement between Collin County and the City of Allen Concerning the construction of Bethany Drive Improvements from US 75 to Allen Heights Drive — 2003 Bond Project 2003 Bond Project We request Commissioners Court consider approval of the above subject Interlocal Agreement for engineering and construction of Bethany Drive improvements from US 75 to Allen Heights Drive — see attached location map. Collin County's participation cost is $1.9mm. We request Commissioners Court consider approval of the Interlocal Agreement and authorize County Judge Ron Hams to sign the ILA. xc: Bill Bilyeu Rodney Rhoades bm/2003BONDM, ETHANYDRNEALLEN ZD O3N RA E b I g AIS' � m�}'y ALM -1-�� y F TATUM I ego A m P t J 110 46 O I 1 9 0i-, O y o m mLJ jNG 2Oago m�mi` T mp .O n= yjo D . ? N I rn ( m_ HONtlWOOiI I_x RVj0 BENTON C � { 2c` NdO3d \ CENTRgI Ekpwy POC. \ \ ENTE OR` -' Sa3llVM\ nm O '0 o '0eiyozmn-Lv30,tiMl� HE � n z_ Fr 1` J� i r V� COf E �S MCKE ZIE J .FAIR H?1m GooM35oa' IT m MAN c -9- i �'- :l UNTAIN GATE LF',� B'S BOASO -C M OOC1 TER 1 O HA I f R• / izI A3lHSV-.� I 1 Via_ 1 0' O l '= O' Fp iCf, ---D'GN'39a3BWi.4; Z {L'3NN3A3HO- I m ��m .�—i � ✓ �� '' VNNOO! r'�'=� FZ y'`213OT/`� ✓ p<r�: I v3� Ain - ( III;, I NVW3ZOB I —,,L)� I I< 3NOlVW ]�Z 0 �Dm AI BOR RIDGE.In y �1 yyT,�BEFHA_N,YLAI(EI I CHURCH ij r_ CITY OF ALLEN January 6, 2004 Mr. Ruben Delgado, P.E. Collin County Engineering Department 825 N. McDonald Street Suite 160 McKinney, Texas 75069 Re: Bethany Drive & Main Street Interlocal Agreements Dear Mr. Ruben: Attached are four originals of each Interlocal Agreement between Collin County and the City of Allen concerning the construction of Main Street improvements from Allen Heights Drive to Angel Parkway/FM 2551 and the construction of Bethany Drive improvements from US 75 to Allen Heights Drive. Please keep two of the originals (of each agreement) for your records and return two of each to us. We look forward to working with you to implement these important infrastructure projects. Please call me directly if you need additional information. Sincere yours, John Baumgartn r City Engineer Attachments: Interlocal Agreements Certified Council Resolutions ALLEN CIVIC PLAZA • 305 CENTURY PARKWAY • ALLEN, TEXAS 75013-8042 972/727-0100 EMAIL: ma/@ici.allen.ls.us CITY OF ALLEN CERTIFICATION CITY OF ALLEN, TEXAS COLLIN COUNTY, TEXAS I, Shelley B. George, City Secretary of the City of Allen, Collin County, Texas, do hereby certify that the attached is a true and correct copy of the City of Allen Resolution No. 2243-12-03(R) duly passed and approved by the City Council of the City of Allen, Texas, on the 9`" day of December, 2003. WITNESS MY HAND AND SEAL OF SAID CITY, this the 12" day of December, 2003. r' Shelley B. George City Secretary City of Allen, Texas ALLEN CIVIC PLAZA • 305 CENTURY PARKWAY • ALLEN, TEXAS 75013.8042 972/727-0100 EMAIL: coa®ciryofallen.org