Resolution 2009-27 RESOLUTION NO. 2009-27 R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE
CITY OF WYLIE, TEXAS, TO EXECUTE THE INTERLOCAL
AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF
WYLIE CONCERNING THE CONSTRUCTION OF FM 1378 FROM
BROWN STREET TO PARKER ROAD.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION l: 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, Texas, the Interlocal Agreement
between Collin County and the City of Wylie concerning the construction of FM 1378 from
Brown Street to Parker Road.
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 the 13` day of October, 2009.
ERIC HOGUE, May
ATTEST TO: OF W;�
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CA OLE EH L City Secretary
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Resolution No. 2009-27(R)
Interlocal Agreement with Collin County
Construction of FM 1378 from Brown Street to Parker Road
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INTERLOCAL AGREEMENT
BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE
CONCERNING THE CONSTRUCTION OF FM 1378 FROM BROWN STREET
TO PARKER ROAD, BOND PROJECT #03-071
WHEREAS, the County of Collin, Texas ("County”) and the City of Wylie, Texas ("City") desire to enter
into an agreement concerning the construction of improvements to FM 1378 from Brown Street to Parker
Road (the "Project") in Collin, 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 arrange to construct improvements to FM 1378, hereinafter called the "Project".
The Project shall consist of constructing a 6-lane divided concrete roadway, a distance of approximately
11,500 feet. The improvements shall also include construction of underground storm sewers as part of the
road improvements. All improvements have been 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 11.
Collin County prepared plans and specifications for the improvements. The City has accepted
bids and awarded a contract to construct the improvements and will administer the construction contract.
In all such activities, the City shall comply with ail state statutory requirements. The City shall provide the
County with a copy of the executed construction contract(s) for the Project.
ARTICLE III.
The City has acquired all necessary right-of-way for the Project.
ARTICLE IV.
The City has awarded a construction contract to Lacy Construction in the amount of
$9,236,980.12 for the Project. The County agrees to fund a portion of the improvements in an amount not
to exceed $2,178,147.79. The County shall remit $2,178,147.79 to the City within thirty (30) days after the
City issues a Notice to proceed to the lowest responsible bidder and the City requests payment or upon the
availability of bond funds for this Project, whichever occurs later. Following compietion 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 percent of the
difference between the estimated cost and the actual cost. The Commissioners Court may revise this
payment schedule based on the progress of the Project. The "totai cost of the Project" shall include land
acquisition, engineering, construction, inspection, testing, street lighting, and construction administration
costs including contingencies.
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IMMiJNITY. 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.
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.
APPROVED AS TO FORM: COUNTY OF COLLIN, TEXAS
By: BY�
Name: Name:
Title: Title: County Judge
Date: Date:
Executed on this day of
2009, by the County of Collin,
pursuant to Commissioners' Court
Order No.
ATTEST: CITY OF WYLIE, TEXAS
By: By�
Name: Carole Ehrlich Name: Mindy Manson
Title: City Secretary Title: City Manager
Date: Date:
Executed on behalf of the City of
Wylie pursuant to City Council
Resolution No.
APPROVED AS TO FORM:
B
Name:
Title: City Attorney
Date:
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