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HomeMy WebLinkAboutResolution No. 2010-053CITY OF THE COLONY, TEXAS RESOLUTION NO. 2010- O 9~ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH THE CITY OF CARROLLTON FOR THE PURPOSE OF WIDENING PLANO PARKWAY TO SIX LANES FROM S.H. 121 TO F.M. 544 (PARKER ROAD); PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Council of the City of The Colony, Texas hereby approves an Interlocal Cooperation Agreement with the City of Carrollton for the allocation of costs and responsibilities associated with engineering services and construction improvements necessary to widen Plano Parkway from four to six lanes from S.H. 121 to F.M. 544 (Parker Road). Section 2. That the Mayor is herby authorized to execute the Interlocal Agreement with the City of Carrollton which is attached hereto and incorporated herein as "Exhibit A". Section 3. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 15t" day of June, 2010. ATTES Christie Nilson, TRMC, City Secretary APPROVED AS TO FORM: ZNioore) City Attorney 1-1 p v G J McCou , Mayor S b.-.i L i TEX A~ INTERLOCAL AGREEMENT BETWEEN THE CITY OF COLONY AND THE CITY OF CARROLLTON FOR ENGINEERING SERVICES AND CONSTRUCTION OF PLANO PARKWAY FROM SH 121 TO PARKER ROAD WHEREAS, the City of The Colony, Texas ("The Colony") and the City of Carrollton, Texas ("Carrollton"), individually referred to as a "Party" and collectively referred to as "Parties," desire to enter into an agreement concerning the allocation of engineering services and the construction of improvements to Plano Parkway from SH 121 to Parker Road (the "Project") in Denton County, Texas; and WHEREAS, the Parties mutually agreed that a proportionate allocation of the costs of the improvements to Plano Parkway was a cost-effective way to provide for those improvements; and WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791, as amended) 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 Colony and Carrollton have determined that the Project is a valid governmental purpose and that the Project may be most economically implemented by this Agreement to provide better roadway access for use by the citizens of each Party. NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, this Agreement is made and entered into by The Colony and Carrollton as follows: WITNESSETH: ARTICLE I 1.1 The Colony shall contract with an engineering firm to provide engineering services for the Project. The Project shall consist of roadway widening improvements, which include adding two (2) inside lanes to the existing 4-lane Plano Parkway thoroughfare. The Colony shall contract for all engineering services necessary for completion of the Project, including, but not limited to, surveying for engineering, geotechnical investigations, roadway design plans, traffic control plans, utility coordination, and final engineering design and opinion of probable construction costs. ARTICLE II 2.1 The Colony shall bid and award contract(s) to engineer and to construct the Project, and shall administer the construction contract for, and construction of, the Project. In all such activities, The Colony and Carrollton shall comply with all state statutory requirements. The construction of the Project shall include, but not be limited to, pay items and unit costs, materials testing, inspection and construction engineering and contingencies. A contract will not be awarded with any contractor or bonding company currently in a lawsuit against the Parties. 2.2 The Colony will submit Project plans and specifications to Carrollton for review. INTERLOCAL AGREEMENT PAGE I 2.3 Upon request of any Party, meetings shall be established to discuss the design, progress, or other issues related to the Project. 2.4 The Colony shall be responsible for ensuring the Project carries appropriate payment, maintenance, and performance bonds to cover the total costs of the Project, and insurance. ARTICLE III 3.1 The Colony shall require all bids to apportion the engineering and construction costs for the Project based on the work required in each of the Party's respective city limits and jurisdiction. The Colony shall also require that any and all change orders for the Project apportion any additional costs to the Parties based on the work required in each Party's respective city limits and jurisdiction. The Colony agrees to provide Carrollton a copy of any and all change orders increasing Carrollton's costs within thirty (30) days of receipt of the change order. 3.2 The Colony and Carrollton each agree to pay for the actual cost of the Project in accordance with each Party's proportionate share of the construction and engineering costs of the Project work done within each Party's city limits and jurisdiction. Should needs specific to one Party require additional facilities including, but not limited to, additional pavement replacement, additional pipe, or land acquisition, or other facilities necessary for the Project in that Party's jurisdiction, such additional costs will be the sole responsibility of that Party. 3.3 The Colony shall send Carrollton an invoice for the cost of Carrollton's proportionate share of the engineering and construction costs based upon the work performed in Carrollton's city limits and jurisdiction. Carrollton shall remit to The Colony one hundred percent (100%) of Carrollton's share of engineering design and construction costs within thirty (30) days of receipt of said invoice. 3.4 Project inspection services for the Carrollton portion of the Project will be provided by Carrollton. 3.5 Following completion of the Project, The Colony shall provide to Carrollton a final accounting of expenditures for the Project. Carrollton's obligations to reimburse to The Colony the Project costs for work occurring in Carrollton shall be based on the final actual costs for engineering services and construction occurring in each Party's city limits and jurisdiction. 3.6 The proceeds and expenditures for this Project shall be accounted for by The Colony in separate capital project funds referred to hereafter as the "Funds." Proceeds from each Party shall be accounted for separately and expenditures related to the Project shall be allocated to each Party in accordance with this Article III of this Agreement. All available moneys from the "Funds" shall be invested in accordance with The Colony's Investment Policy and the Public Funds Investment Act. Any interest earned on invested funds shall be allocated monthly to the "Funds" using the same methodology and rates of return as similarly invested city funds. Upon completion of the Project, any remaining balances including allocated interest will be returned to each of the Parties based on each Party's pro-rata share as specified in this Article III. If either Party elects to use tax exempt debt to fund that Party's portion of this Project, each Party will be individually responsible for arbitrage-related calculations and reporting. Accounting records necessary to calculate arbitrage liabilities will be furnished to each Party upon request. INTERLOCAL AGREEMENT PAGE 2 ARTICLE IV 4.1 The Colony shall prepare for Carrollton an itemized statement specifying Project costs that have been incurred to date and submit to Carrollton detailed Project cost information and progress reports every thirty (30) days until the Project is complete. ARTICLE V 5.1 The Colony and Carrollton 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 VI MISCELLANEOUS 6.1 FINDINGS. All of the findings and recitals stated in the Whereas clauses, above, are hereby found to be true and correct and are fully incorporated into the body of this Agreement. 6.2 EFFECTIVE DATE. This Agreement is hereby made and entered into to be effective on the date specified, below. 6.3 PURPOSE. The purpose of this Agreement is to allocate among the Parties the responsibilities and costs related to the Project, as set forth in this Agreement. 6.4 AUTHORITY. The public access and transportation needs of The Colony and Carrollton on Plano Parkway are consistent with the mutually beneficial governmental purposes and functions of both The Colony and Carrollton. Each person signing this Agreement hereby confirms that any requisite approvals from the governing body of such signatory have been obtained, and all prerequisites to the execution, delivery and performance hereof have been obtained by or on behalf of that Party. 6.5 LIABILITY. To the extent allowed by law, and without waiving any governmental immunity available to the Parties under Texas law, or any other defenses the Parties are able to assert under Texas law, each Party agrees to be responsible for its own negligent or otherwise tortuous acts or omissions in the course of performance of this Agreement. 6.6 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 Denton County, Texas, and that exclusive venue for any legal action shall lie in Denton County, Texas. 6.7 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 regulation having the force and effect of law, the remaining portions of this Agreement shall be enforced as if the invalid provision had never been included. INTERLOCAL AGREEMENT PAGE 3 6.8 ENTIRE AGREEMENT. This Agreement embodies the entire Agreement between the Parties, superseding any oral or written prior or contemporaneous agreements or understandings, and may only be modified in writing by a supplemental agreement executed by both parties. 6.9 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, express or implied, other than those set forth herein, and this Agreement shall not create any rights in any persons or entities who are not parties to this Agreement. 6.10 TERM. This Agreement shall be effective upon execution by both Parties and shall continue in effect for three (3) years, or until the Project and tasks specified in this Agreement are concluded, whichever is sooner. 6.11 NOTICE. Unless otherwise agreed to in writing between the Parties, any notice permitted or required under the terms hereof shall be in writing and shall be deemed delivered three (3) days following the deposit of same, properly addressed with postage prepaid, into the care and custody of the United States Postal Service, by registered or certified mail, return receipt requested, to the Party to whom notice is to be given, addressed and shown on the signature page of this Agreement. Duplicate originals DATED to be EXECUTED and EFFECTIVE as of the '6 'n C- , 2010, pursuant to: 15 -th day of the City of The Colony City Council Resolution No.;-010 -0-5. 3, dated 15 12010 , 2010, and the City of Carrollton City Council Resolution No. 3367 , dated June 15 , 2010. INTERLOCAL AGREEMENT PAGE 4 APPROVED AS TO FORM: By: A' r City Secretary APPROVED AS TO FORM: By: City Attorney ATTEST: City Secretary CITY OF THE COLONY, TEXAS ByfeMcCou&, Ee Mayor CITY OF CARROLLTON, TEXAS By: Assistant City Manager INTERLOCAL AGREEMENT PAGE 5 APPROVED AS TO FORM: By: City Attorney ATTEST: City Secretary APPROVED AS TO FORM: CITY OF THE COLONY, TEXAS By: City Manager CITY OF CARROLLTON, TEXAS INTERLOCAL AGREEMENT PAGE 5