Resolution 2023-21 RESOLUTION NO. 2023-21(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,
HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE TO
EXECUTE THE INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY,
TEXAS, AND THE CITY OF WYLIE, TEXAS CONCERNING THE
CONSTRUCTION OF E. FM 544 (STONE ROAD) FROM ALFRED DRIVE TO
COUNTY LINE ROAD,BOND PROJECT#RI07092.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE,TEXAS:
SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on
behalf of the City Council of the City of Wylie, the Interlocal Agreement between Collin County, Texas,
and the City of Wylie, Texas concerning the construction of E. FM 544(Stone Road) from Alfred Drive to
County Line Road, Bond Project#RI07092. See Exhibit"A" - Interlocal Agreement.
SECTION 2: This Resolution shall take effect immediately upon its passage.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 26th
day of September, 2023.
r
i
° M tthew Porter,Mayor
ATTEST TO:
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Stephanie Storm, City Secretary
Resolution No.2023-21(R) ILA with Collin County for E. FM 544 Paget of 2
EXHIBIT "A"
Interlocal Agreement
Resolution No. 2023-21(R)ILA with Collin County for E. FM 544 Page 2 of 2
INTERLOCAL AGREEMENT
BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE
FOR THE CONSTRUCTION OF E FM 544(STONE ROAD) FROM ALFRED DRIVE TO
COUNTY LINE ROAD BOND PROJECT#RI07092
WHEREAS,the County of Collin, Texas ("County") and the City of Wylie, Texas ("City") desire to enter into an
agreement("Agreement")concerning the construction of E FM 544(Stone Road)and other improvements from Alfred
Drive to County Line Road in Collin County("Project")in Wylie,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
WHEREAS,the 2007 Bond program allocated a total of$5,021,250 to the City of Wylie's project#07-092, Stone
Road from Akin Lane to County Line Road;and
WHEREAS,on October 15,2008 a(2008 FUNDING)Interlocal Agreement in the amount of$500,000 was approved
for engineering services(CO#2008-862-1014);and
WHEREAS, on May 14, 2012, a Project reduction in the amount of$500,000 was approved for the purpose of
maintenance of mutual boundary roads, Court Order #2012-302-05-14, leaving $4,021,250 to be encumbered for
construction.
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 construct improvements to E FM 544 (Stone Road) from Alfred Drive to County
Line Road(the"Project"). The Project shall consist of constructing a 4-lane divided concrete roadway a distance of
approximately 10,000 feet.The improvements will also include construction of underground utilities and storm sewer
as part of the road improvements. 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 II.
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 III.
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.
Interlocal Agreement between Collin County and the City of Wylie for E FM 544 from Alfred Drive to County Line
Road(2007 Bond Project#RI07092) Page 1
For the 2007 Bond Program, the City estimated the total actual cost of the Project to be $10,042,500
("Estimated Project Cost'). The County agrees to continued participation in the Project by allocating an additional
$4,021,250 (the "County Participation Amount") to the performance of the Project. The County shall remit one
hundred percent(100%)of the County Participation Amount to the City 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.
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 for this agreement, shall not exceed four million, twenty-one
thousand,two hundred fifty dollars($4,021,250).
ARTICLE VI.
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 VII.
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 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 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.
Interlocal Agreement between Collin County and the City of Wylie for E FM 544 from Alfred Drive to County Line
Road(2007 Bond Project#RI07092) Page 2
ENTIRE AGREEMENT. This Agreement embodies the entire agreement between the parties and may only
be modified in 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 than 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 Wylie for E FM 544 from Alfred Drive to County Line
Road(2007 Bond Project#RI07092) Page 3
APPROVED AS TO FORM: COUNTY OF COLLIN,TEXAS
By: By:
Name: Name: Chris Hill
Title: Title: County Judge
Date: Date:
Executed on this day of
20,by the County of Collin,
pursuant to Commissioners' Court
Order No.
ATTEST: CITY OF ,TEXAS
By: By:
Name: Stephanie Storm Name: Brent Parker
Title: City Secretary Title: City Manager
Date: Date:
Executed on behalf of the City of
Wylie,Texas pursuant to City Council
Resolution No. 2023-21(R)
APPROVED AS TO FORM:
By:
Name:
Title:
Date:
Interlocal Agreement between Collin County and the City of Wylie for E FM 544 from Alfred Drive to County Line
Road(2007 Bond Project#RI07092) Page 4