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Resolution 2010-34 � RESOLUTION NO. 2010-34(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 DESIGN OF FM 1378 FROM THE SOUTH PARKER ROAD INTERSECTION TO THE NORTH PARKER ROAD INTERSECTION. 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 exerute, 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 design of FM 1378 from the South Park:er Road intersection to the North Parker Road intersection, , y.. SECTION 2 : This Resolution shall take effect immediately upon its passage. RESOLVED AND DULY PASSED on this 26 day of October, 2010. ERIC HOGUE M or '4, OF �� C►��, �D► � AT'TEST TO: ,; . '��' "`.�"r' � CA�ZOLE EHRLI H, City Secretary •188'T• �� «� �« Resolution 2010-34(R) Collin County ILA FM 1378 from South Parker Rd EXHIBIT "A" Interlocal Agreement � _ �. � �:;�: ' . Resolution 2010-34(R) Collin County ILA FM 1378 from South Parker Rd � INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE FOR ENGINEERING OF FM 1378 FROM SOUTH PARKER ROAD TO NORTH PARKER ROAD NEW Bond Project #99-00-21 WHEREAS, the County of Collin, Texas ("Coun ") and the City of Wylie, Texas ("City") desire to enter into an agreement concerning the engineering of FM 1378 from just south of South Pazker Road to the south side of North Pazker Road 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. WHEREAS, the County funded 50% of the Engineering for FM 1378 from FM 544 to Brown Street; 1999 Bond Project #99-102. The Engineering for this section was � completed under budget and the construction is underway utilizing Regional Toll Revenue (RTR) Funds. WHEREAS, the City requests that savings from the 1999 Bond Project #99-102 be reallocated to fund a portion of the Engineering for the new bond project #99-00-21, FM 1378 from South of Parker Rd. to North of Parker Rd. 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 engineer improvements to FM 1378, hereinafter called ([he "Project"). The Project shall consist of constructing a 6-lane divided concrete roadway, a distance of approximately 970 feet. 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 sha11 be constructed in accordance with the plans and specifications approved by the City. � ARTICLE II. ILA between Collin County and the City of Wylie re: McMillen Rd. (Project t�07-091) Page 1 521932.v2 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 engineering fee for the Project to be $231,600. The estimated project cost is $2,551,000 which includes engineering, construction, inspection, testing, street lighting, and construction administration costs including contingencies. The total amount of Funds remitted by the County during 2010 shall not exceed $100,000. 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 $100,000 to the City to cover a portion of those engineering costs required under the Professional Service Agreement. (b) At the completion of the Project, the City shall provide a final accounting of ..._„ expenditures for the Project. If the actual cost of the Project is less than the estimated cost, the City shall reimburse the County so that the County will have only paid fifty percent (50%) of the actual cost of the Project. (c) 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 Coliin County and the City oi Wylie re: McMillen Rd. (Project #07-091) Page 2 521932.v2 � 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 aze 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 and/or 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. ARTICLE XI. ILA between CoUin County and the City of Wylie re: McMillen Rd. (Project #07-091) Page 3 521932.v2 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 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, putsuant to Commissioners' Court Order No. ATTEST: CITY OF WYLIE, TEXAS ay: 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. 2010-33(R) ILA between Collin County and the City of Wylie re: McMillen Rd. (Project #07-091) Page 4 521932.v2 BIRKHOFF, HENDRICKS & CONWAY, L.L.P. Pro�ecc No. '�"` CONSULTING ENGINEERS Clien�: City of Wylie Date: O8-Apr-10 Proje�et: Country Club Road Paving and Drainage lmprovements South of South Parker Road (FM 2S 14) to South of North Parker Road (FM 2514) By: JRC ENGINEER'S PRELIMINARY OPINION OF CONSTRUCTION COST Item No. Descri tion Q�wntit Unit Price Amount Project Description: A 6-Isne Divided Thoroughtarc to Match Futnre FM 2514 Improvemeats,l2-fG Lanes, 8-inch Reintorced Concrete Pavement with 12-inch Su rade, Curbs and Under round Storm Draina e Project Length Permanent Pavement and Storm Sewer 900 L.F. Totsl Width Concrete Pavement (7 Lanes - Including Left Tum) g3 B_g Expected Average Dept6 ot Rosdway Excavation 2.75 feet Apprnximate Lime Stabillzed Subgrade Applicatlon Rate 8'% b unit wei ht I Ri t-of-wa Pce aration I1 Sta. $ 6,000.00 S 66,000 2 Unclassified Fxcava6on Permanent Pavement 9,167 C.Y. $ 8.00 � 73,300 3 12-inch Lime Treated Sub e+15°k Median Cuts & Lt Turns) 9,775 S.Y. a 5.00 $ 48,900 4 H drated Lime C� 70#/S.Y. 342 Tons $ 125.00 $ 42,800 5 6-inch Monolithic Concrete Curb 3,600 L.F. $ 2.25 $ 8,100 6 8-inch Reinforced Concrete Pavement (+l5% Median Cuy 9,545 S.Y. $ 38.00 $ 362,700 7 Reinforced Concrete Drivewa s(10 ea. x IS' wide x 25' dee ) 417 S.Y. $ 40.00 $ 16,700 8 Side Street Concrete Transition (1 ea. x 36' wide x 50' dee ) 200 S.Y. $ 50.00 S 10,000 ,�,,, 9 Remove Existin Drivewa s 200 S.Y. $ 20.00 S 4,000 10 Remove Existin As halt Pavement 3,514 S.Y. $ 18.00 S 63,300 11 Fnish Grade and Soddin ( lus 10% outside ROW) 4,678 S.Y. $ 6.00 $ 28,100 l2 5-foot Wide Reinforced Concrete Sidewalk (both sides) 944 S.Y. $ 45.00 $ 42,500 13 Handica Ram s 22 Ea. $ 1,250.00 $ 27,500 14 Tem Pavement for Construction Phasin & 200' Transition 2,100 S.Y. S 40.00 $ 84,ppp Pavin Im rovements Subtotal (Rounded to Nearest $1,000): � 87g�ppp IS Under und Storm Draina e Im rovements (Round to Nearest $1,000) 30% of Pavin Im rovements $ 263,000 16 (1) 8' s an x 6' rise Reinf. Concrete Box Culvert with Headwalls 1 L.S. $120,000.00 $ 120,000 17 Offsite SWrm Draina Im rovements 400 L.F. $ l00.00 S 40,000 Drainage Im rovements Subtota! (Rounded to Nearest $1,000): S 423,000 18 Si alization Im rovements (Com lete S stem South - Modif NoRh) 1 L.S. $ 370,000.00 $ 370,000 19 Landsea in & Irri ation Im rovements (Not Included) a _ 20 Street Li htin Im rovements (Not Included) � 21 Relocate NTMWD 48" Waterline I,100 L.f. $ 300.00 � 330,000 Aesthetics, Si Iizallon & Waterline (Rounded to Nearest $1,000): $ 700,000 Pavi Drai e, Aesthetics Si alizallon & Waterline Subtotal: $ 2,001,000 Miscellaneous Contin encies (Rounded to Nearest $1,000): 15% $ 300,ppp O inion oi Probable ConsUvction Cost (Rounded to Nearest $1,000): S 2,301,000 Pro' t Construction Cost r Linear Foot: $ 2,556.67 Estimated En ineerin , Surve s and Easement Documents: $ 227,000 Estimated Cost Pothote Existin Franchise Utilities: $ 4,600 ,,,.,�.,. Estimated Cost ualit Monitorin Testin : a � g� Estimated Subtotal, Professional Fees: $ 249,600 Pro t Total Includin Probabie Coastractlon Cost & Fees: � 2,550,600 USE (ROUNDED TO NEAREST 51,000): S 2,551,000 �:w«r��o,.��orc�srco�pe�ag«a-iz-io..�,�co�� Page 1 oj 1