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Resolution 2010-22 � RESOLUTION NO. 2010-22(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 THE HOOPER ROAD BRIDGE. 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 the Hooper Road Bridge, � 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 22" day of June, 2010. ERIC HOGUE, ay r �� OF w� ATTEST TO: �'� `��� `�� f f '� , � . -- ' � -', � . - r' , �;,' _ '�;:-; �- CA OLE EHR , City Secretary �� , ����s� Resolution No. 2010-22(R) Interlocal Agreement for the Construction of Hooper Road Bridge 1 EXHIBIT "A" �� Interlocal Agreement Resolution No. 2010-22(R) Interlocal Agreement for the Construction of Hooper Road Bridge 2 ��» INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE FOR THE CONSTRUCTION OF THE HOOPER ROAD BRIDGE BOND PROJECT # 03-072 (2010 FUNDING) WHEREAS, the County of Collin, Texas ("Countv") and the City of Wylie, Texas ("Citv") desire to enter into an agreement concerning the design of the Hooper Road Bridge across Maxwell Creek in 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, the receipt and sufficiency of which is hereby acknowledged. � WITNESSETH ARTICLE I. The City shall arrange to construct improvements to the Hooper Road Bridge, hereinafter called (the "ProLct"). The Project shall consist of design and construction of a 4-lane bridge over Maxwell Creek. The improvements shall also include construction of underground storm sewers as part of the road improvements. All improvements shall be 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. The City shall acquire all necessary right-of-way for the Project. 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 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 estimates the total actual cost of the Project to be $963,200, which shall � include land acquisition, engineering, construction, inspection, testing, street lighting, and construction administration costs including contingencies. $569,250 was identified in the 2003 Collin County Bond Program for the project and the County previously remitted ILA between Collin County and the City of Wylie re: Hooper Bridge (Project #03-072) Page 1 $217,500 for engineering services. The total amount of Funds remitted by the County during 2010 shall not exceed $55,500. The Payment Schedule is as follows: � (a) Within thirty (30) days after the City (1) executes a Professional Service Agreement for the design of the Project and (2) requests payment from the County, the County shall remit a portion of the Funds to the City to cover those engineering costs required under the Professional Service Agreement. (b) Within thirty (30) days after all of the following have occurred, the County shall remit to the City fifty percent (50%) of the remaining Funds not already disbursed for engineering costs under (a). (1) the City issues a notice to the lowest responsible bidder to start construction of the Project; � (2) the City requests payment from the County; and (3) County bond money is available. (c) Within thirty (30) days after the City issues a notice that the Project is fifty percent (50%) complete and requests payment from the County, the County shall remit the remaining Funds not already disbursed under this Agreement. � (d) At the completion of the Project, the City shall provide a final accounting of expenditures for the Project. If the actual costs of the Project is less than the estimated cost of $963,200, the City shall reimburse the County so that the County will have only paid fifty percent (50% ) of the actual cost of the Project. (e) The Commissioners Court may revise this payment schedule based on the progress of the Project. ARTICLE IV. 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 V. 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 VI. ILA between Collin County and the City of Wylie re: Hooper Bridge (Project #03-072) Page 2 �� 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 VII. 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 VIII. 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 IX. ENTIRE AGREEMENT. This Agreement embodies the entire agreement between the parties and may only be modified in a writing executed by both parties. This Agreement supersedes all prior negotiations, representations andlor agreements, either written or oral. ARTICLE X. 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. ILA between Collin County and the City of Wylie re: Hooper Bridge (Project #03-072) Page 3 ARTICLE XI. � IMMLTNITY. 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 hall not create any rights in parties not signatories hereto. ARTICLE XII. 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: � j i ti (�� �� G�,.1 `_�. Name: Carole Ehrlich Name: Mindy anson Title: City Secretary Title: City Ma�nager ,, Date: Date: � � �� � Executed on be alf of the City of Wylie pursuant to City Council Resolution No. ILA between Collin County and the City of Wylie re: Hooper Bridge (Project #03-072) Page 4