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HomeMy WebLinkAboutRes 2023-08-1498 ILA Funding for Leonard Avenue- Collin CountyCITY OF ANNA, TEXAS RESOLUTIONNO. �.023-_©8-14G$ A RESOLUTION OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF ANNA AND COLLIN COUNTY CONCERNING LEONARD ROAD FROM FOSTER CROSSING TO THE COLLIN COUNTY OUTER LOOP WHEREAS, the City staff has submitted for Collin County call for projects and was awarded two million five hundred and ninety thousand dollars ($2,590,000) for the design and construction of Leonard Rd; and, WHEREAS, the interlocal Cooperation Act (Texas Government Code Chapter 791) authorizes any local government to contract with one or more local governments functions and services under the terms of the Act; and, WHEREAS, Leonard Avenue is identified on the master thoroughfare plan. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Authorization of Payment and Funding. That the City Council of the City of Anna authorizes the City Manager to execute an Interlocal Agreement with Collin County to receive funding for the design and construction of Leonard Rd, the City shall receive up to Two Million Sive Hundred and Ninety Thousand Dollars ($2,590,000) from Collin County for the Project. PASSED AND APPROVED by the City Council of the City of Anna, day of 4u+r2023. C,? V-� ATTEST: City Secretary, Carrie Land Texas, on this'`�-� INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF ANNA CONCERNING LEONARD ROAD FROM FOSTER CROSSING TO THE COLLIN COUNTY OUTER LOOP NEW 2018 BOND PROJECT # RI18031 WHEREAS, the County of Collin, Texas ("County") and the City of Anna, Texas ("CV") desire to enter into this agreement ("Agreement") concerning the Leonard Road From Foster Crossing to Collin County Outer Loop Project ("Project') in Anna, 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; and 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 arrange to design the Project. The Project shall consist of designing 'and constructing Leonard Avenue from the intersection of Foster Crossing Rd. and Leonard Avenue to the Collin County Outer Loop. The design and construction include approximately 1800 linear feet of 4-1ane divided roadway arterial divided from Foster Crossing Road to the Collin County Outer Loop. Storm Drainage, Water, and Sanitary Sewer Improvements are part of the project as well. All improvements shall be designed to meet or exceed the City's roadway design standards and criteria and shall be constructed in accordance with the plans and specifications approved by the City. ARTICLE H. The City shall prepare plans and specifications for the improvements, accept bids and award a contract to construct the improvements and administer the construction contract. In all such activities, the City shall comply with all statutory requirements applicable to a municipal public work project. The City shall provide the County with a copy of the executed design and construction contract(s) for the Project. Changes to the Project, other than what was submitted for the initial project ranking or which alter the initial funding set forth in Article IV, must be reviewed and approved by Collin County. ARTICLE M. The City shall also acquire real property in the vicinity of the improvements for use as right-of-way or easements in connection with the Project. ARTICLE IV. The City estimates the total actual cost of the Project to be Three Million Seven Hundred Thousand Dollars ($ 3,700,000) ("Estimated Project Cost"). The County agrees to participate in the Project by allocating Two Million Five Hundred -Ninety Thousand Dollars ($2,590,000) (the "County Participation Amount") to the performance of the Project. The County shall remit fifty percent (50%) of the County Participation Amount to the City within thirty (30) days after the City issues a Notice to Proceed to the design engineer and the City submits a written request for payment to the County. The County shall remit the remaining fifty percent (50%) of the County Participation Amount to the City (i) within thirty (30) days after the City receives bids for the construction of the Project and the City submits a written request for payment to the County. The County Commissioners Court may revise this payment schedule based on the progress of the Project. If the payment schedule is revised and that revision results Interlocal Agreement between Collin County and the City of Anna for Leonard Road from Foster Crossing to Collin County Outer Loop (2018 Bond Project # RI18031) Page 1 in the City facing the potential of incurring an unfunded debt in violation of the Texas Constitution the City, in its sole discretion, shall be free from any obligation or commitment to continue working on or complete the Project until the next installment of the County Participation Amount is paid to City. If the actual cost to design, acquire right-of-way for, and construct the Project (collectively the "Actual Project Cost") is less than the Estimated Project Cost, and the County has participated up to Seventy per�ent (70%) of the total Estimated Project Cost for the 2018 Bond funding, then the City shall reimburse to the County an amount equal to the difference between the Estimated Project Cost and the Actual Project Cost such that the county has only contributed Seventy percent (70%) of the Actual Project Cost. The City shall remit any such reimbursement to the County following City's final acceptance of the Project and along with an itemized final accounting of expenditures for the Project. As used herein, the terms "Estimated Project Cost" and "Actual Project Cost" may include land acquisition, engineering, construction, inspection, testing, street lighting, and construction administration costs including contingencies. ARTICLE V. The County's participation in the Project shall not exceed Two Million Five Hundred -Ninety Thousand Dollars ($ 2,590,000). ARTICLE VI. The City shall install a project sign identifying the Project as being partially funded by the Collin County 2018 Bond Program. The City shall also provide quarterly progress reports throughout the Project as well as before, during and after photos during the construction process, in electronic format or via US mail to the Collin County Engineering Department. Following completion of the Project, the City shall provide an itemized final accounting of expenditures for the Project. ARTICLE VH. 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 VIII. INDEMNIFICATION. TO THE EXTENT ALLOWED BY LAW, EACH PARTY AGREES TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE OTHER (AND ITS OFFICERS, AGENTS, AND EMPLOYEES) FROM AND AGAINST ALL CLAIMS OR CAUSES OF ACTION FOR INJURIES (INCLUDING DEATH), PROPERTY DAMAGES (INCLUDING LOSS OF USE), AND ANY OTHER LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE 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 1[X. 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 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 Interlocal Agreement between Collin County and the City of Anna for Leonard Road from Foster Crossing to Collin County Outer Loop (2018 Bond Project # RI18031) Page 2 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 both parties. ARTICLE XII. 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 XIII. 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 that those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. ARTICLE XIV. EXPENSES FOR ENFORCEMENT. In the event either Party hereto is required to employ an attorney to enforce the provisions of this Agreement or is required to commence legal proceedings to enforce the provisions hereof, the prevailing Party shall be entitled to recover from the other, reasonable attorney's fees and court costs incurred in connection with such enforcement, including collection. ARTICLE XV. FORCE MAJEURE. No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond the affected party's reasonable control, including, without limitation: acts of God; flood, fire or explosion; war, invasion, riot or other civil unrest; actions, embargoes or blockades in effect on or after the date of this Agreement; or national or regional emergency (each of the foregoing, a "Force Majeure Event"). A party whose performance is affected by a Force Majeure Event shall give notice to the other party, stating the period of time the occurrence is expected to continue and shall use diligent efforts to end the failure or delay and minimize the effects of such Force Majeure Event. ARTICLE XVI. 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. [Signature page follows.] Interlocal Agreement between Collin County and the City of Anna for Leonard Road from Foster Crossing to Collin County Outer Loop (2018 Bond Project # RI18031) Page 3 APPROVED AS TO FORM: By: Name: Title: Date: ATTEST: i Title: City SecreV D. �, Z APPROVED AS TO FORM: By: C�� C Near M oy Title: City Attorney Date: 08/09/2023 COUNTY OF COLLIN, TEXAS BY: Name: Chris Hill Title: County Judge Date: Executed on this day of , 20_5 by the County of Collin, pursuant to Commissioners' Court Order No. CITY OF g✓1/1Q , TEXAS By: -'Name: sa * 1 Title: C�l gti 3 Date: // Executed on behalf of the City of 0 CG,11 -.,e-- pursuant to City Council Resolution No. b SZ3- O %- ( � $ Interlocal Agreement between Collin County and the City of Anna for Leonard Road from Foster Crossing to Collin County Outer Loop (2018 Bond Project # RI18031) Page 4 Leonard Avenue Bet% mmm en roster Crossing and Cc 0 n M r I E CROSSING ■ 2022 Call for Projects 2018 Bond, Project Rankings A NOlcmdl Project 0escrllalmt City Match Total Project Requested Sarety County Wide Cogestlon Requested Projected ECOMMIC Omer County PriorRy or Total Points Award Cumulative Percentage Cost Anrout Significance Amo0rt Start Development Funded Projects City 13.5 1.3,5 1 1-5 1-5 1.35 0,10 1-5 Tovm of Prosper 30% S 4A00,000 S 2,800,000 3 4.5 4.5 5 5 3 10 5 40 $ 2.800,000 $ 2.800,000 Cale Rd intersection kni memanls CRyofWy0e PrIorRy*1 30% $ 30,000,000 $ 2,999.999 35 5 3 5 5 3 10 5 30.5 $ Z999.999 $ 5.799.999 McMIen Drive CRyor AllerMdorilyil 50% $ 5,990,000 S 2.990,000 1 3.6 4 5 5 4 10 5 37.5 S 2990,000 $ 8,789,999 Ridgevrew Ddve loan U575 to Chelsea Blvd CityofJosepNrte 20% $ 3,152,500 $ 2.522,OW 5 35 3 ., 5 1 10 5 37.5 $ Z52ZODO $ 11,311.999 Nash Greenville Ave Cllyor Anna,Pderllye2 30% $ 3,700,000 S 2.590.000 3.5 2.5 4 5 5 3 10 4 37 $ 2690,000 S 13.901.999 CR 422 Leonard Ave City of Celfim Plomy El 30% $ 10,740,413 $ 7,518.289 1.5 4 4 3 45 35 10 5 36.5 S 7.518289 $ 21,420288 CM Read Town of F.Imlew 30Y $ 11.400.000 $ 7,980,000 1 3.5 3 3 5 5 10 5 35.5 $ 7,980,000 $ 29,400.288 ' FWM.Pkwy CllyofWylle-Pdorlty#2 30% $ 16,000,000 $ 6,078,750 5 5 3 3 5 3 10 4 38 East FM 644 City0f WyRMdorltym 30% $ 9,070.000 $ 2,909.9M 3 4.5 4.5 5 5 2.5 10 3 37.5 Park Bled EMon ion CRy of Alltt da "2 50% It 7285,000 It 3.000.000 3 3.5 4 4.5 4 3.5 10 4 36.5 Chelsea Blvd hen SH121 m Stow Rd City of Lavou 3 2 2 5 5 3 10 5 35 OR 484 Bridge at Bar Creak 20% $ 3,000.000 $ 2,400,000 City or Anna-Pdurlly ft 30% S 7.386.000 $ 5.170.200 3.5 3 3 3 5 2.5 10 5 35 Cityof AllerWdalty03 50% S 8.180.00D S 4.090,000 3 3 3.5 4 4 3 10 3 33.5 West &dlmge Pkwy from SH121 W Alms Dr Cnyof Sochse 31M $ 81100,000 $ 5.600.000 3.5 5 2.5 3 25 7 10 5 33.5 &v44 %,atl tvt r l vJCI.ta Lv go ovi lu, r t vJcIl.L Rol roll lya Applicant J Project Description Clty Match Total Project Rl' Safety County Wide Congestion Requested Projected Econondc Other County Prlorlty of Total Points Award Cumulative Percentage Cost Atttoutt Significance Amount start Development Funded Projects city Woodbridge Parkway City of Celtm-Pdorlty 03 30% S 2.999,893 'j 1'2;699,925 1 3.5 3 5 4.5 3 10 3 33 CR 871Co€t from Choate to Outer Loop City or Lowry Crossing 3 3.5 3 2 3 3 10 5 32.5 Simpson Road from US 380 to Myrick Lane 20% $ 15.004"0 $ 9,100;000- City or Van Aistyne 20% $ 8,049.094 $ 6.439,275 3 1 2 3 5 3.6 10 5 32.5 County Line Road City or Dallas-Prlorty #1 50% $ 1.200,000 $ 600,000 5 4.5 5 5 3.5 3 0 5 31 SB Dallas Pkwy at FrankfordONT Frankrard Rd Clty of Colima-Pdorlty 02 30% S 13,195.120 $ 9,236,584 1 3 3 2 4.5 3 10 4 30.5 Choate Pkwy CttyorAtlm*dorityti4 50% $ 3/100,000 5 1.700,600 1 2.5 3 5 4 2.5 10 2 30 E. Exchange Pkwy from Allen Heights Dr to Angel Pkwy City of Frisco 50% $ 8,000,000 $ 4AO0'Oiv 3 5 5 4 5 3 0 5 30 Dallas Pkwy from Panther Creek Pkwy to PGA Pkwy Dallas Pkwy City of Princeton 30% $ 5,000,000 $ 3,500;000. 3 2.5 2.5 4 5 2.5 0 5 24.5 North Boommn Lane City of Dallas -Priority 02 50% $ 277.251 3 0 0 4 0 Hr3orest to Preston Ridge FraWord Rd . Total 1 $ 184,752,610 1 $ 95,682,282