Resolution 2010-13 RESOLUTION NO. 2010-13(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 FM
544 TO BROWN STREET.
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, Texas, the Interlocal Agreement
between Collin County and the City of Wylie concerning the construction of FM 1378 from FM
544 to Brown Street,
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 on
this the 9 day of March, 2010.
ERIC HOGUE, a o
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Resolution No. 2010-13(R)
Interlocal Agreement with Collin Counry
Construction of FM1378 from FM544 to Brown Street
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EXHIBIT "A"
Interlocal Agreement
Resolution No. 2010-13(R)
Interlocal Agreement with Collin County
Construction of FM1378 from FM544 to Brown Street
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INTERLOCAL AGREEMENT
BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE
CONCERNING THE CONSTRUCTION OF FM 1378 FROM FM 544
TO BROWN STREET, 1999 BOND PROJECT #99-102
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 FM 544 to Brown Street
(the "ProjecY') in Collin, Collin County, Texas; and
WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791) autharizes 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 RTC has selected the Project to be funded from the SH 121 Subaccount, and the
Commission concurred in the selection and authorized the expenditure of money in Minute Order No.
112121, Dated January 28, 2010; and
WHEREAS, the County has executed an Advance Funding Agreement for the project using funds held in
the State Highway 121 Subaccount; and
WHEREAS, $7,463,905.00 will be released to Collin County for construction of the project per the
Advance Funding Ageement; 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
3,400 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 II.
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.
[n all such activities, the City shall comply with all state statutory requirements. The City shall provide the
County with a copy of the executed construction contract(s) for the Project.
ARTICLE III.
The County and City have acquired all necessary right-of-way for the Project.
ARTICLE N.
The County agrees to fund the construction of the improvements. The County shall remit
$3,233,598.46 to the City within thirty (30) days after the City issues a Notice to proceed to the lowest
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r•esponsible bidder and the City requests the funds. The County shall also remit any additional funds as
necessary to cover any approved construction change orders for the Project. Following completion of the
Project, the City shall provide a fmal 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 to the County
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 "total cost of the Project" shall include land
acquisition, engineering, construction, inspection, testing, street lighting, and construction administration
costs including contingencies.
ARTICLE V.
The County's participation in the Project sha11 not exceed $7,463,905.
ARTICLE VI.
The City shall prepare for the County an itemized statement specifying Project costs that have
been incurred to date and submit detailed Project cost and progress reports every thirty (30) days until
Project completion.
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 PERFORMfNG 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.
ENTIRE AGREEMENT. This agreement embodies the entire agreement between the parties and
may only be modified in a writing executed by both parties.
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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.
IMMLJNITY. 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
2010, 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:
By:
Name:
Title: City Attorney
Date:
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