Resolution 2012-13 RESOLUTION NO.2012-13(R)
��"° A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, TO REQUEST FUNDS IN THE AMOUNT OF $500,000.00 FROM
THE 2007 COLLIN COUNTY TRANSPORTATION BOND PROGRAM BE
USED FOR OTHER ROAD IMPROVEMENT PROJECTS INSIDE THE
WYLIE CITY LIMITS INCLUDING ELM ROAD; LAKE ROAD, SKYVIEW
ROAD/PAUL WILSON; WHEELIS ROAD (CR 455); BEAVER CREEK
ROAD (CR 1105) AND CR 437.
WHEREAS, in 2008, the City of Wylie, Texas ("C�") and Collin County, Texas ("Coun ")
entered into an Interlocal Agreement ("Interlocal A�reement") to jointly fund Stone Road
Improvements from Akin Lane to County Line Road("Stone Road Project"); and
WHEREAS,the City and County agreed to participate jointly by each entity contributing an amount
of $5,021,250.00 from their respective bond transportation programs; specifically, the 2005 City
Bond Program and the 2007 County Bond Program; and
WHEREAS, County representatives have approached the City and indicated that they now desire to
reallocate $500,000.00 of the County's commitment toward the Stone Road Project to accomplish
certain improvements to Elm Road, Lake Road, Skyview Road/Paul Wilson, Wheelis Road (CR
455), Beaver Creek Road, and CR 437; and
WHEREAS,the Interlocal Agreement allows for the joint participation of road improvements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE,TEXAS:
SECTION 1: The City Council of the City of Wylie, Texas ("City Council" hereby requests that the
County designate funds from the Stone Road Project in the amount of $500,000.00 to be re-allocated for
improvements to Elm Road; Lake Road; Skyview Road/Paul Wilson; Wheelis Road (CR 455), Beaver
Creek Road (CR 1105) and CR 437, all within the City limits.
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, and this the
l Oth day of April, 2012.
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ATT T• `���v►"i��- �
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Carole Ehrlich City Secretary
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Resolution 2012-13(R) ����+
Re-Allocation of Collin County Transportation Funds
607584.1
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(� Enginesring Department �
co"� 825 N. McDonSutlt t160
C O L L t N C 0 U N T Y McKinney, Texas 75069
972-548-3733
www.coilincountytx.gov
October 28,2008
G�ty of Wylie
Attn:Chris Holsted
Office of the City Secretary
200o Highway�8 North
Wylie,TX 75098
Dear Mr. Holsted:
Enclosed you will find your signed copies of the Inter-local Agreements for the following
200�Bond projects: o�-ogi McMillen Road 2008 F�nding and o�-092 Stone Road
2008 Funding.These ILAs were approved by the Collin County Commissioners'Court
on io-i4-o8,Court Order numbers 20o8-86i-io-i4 and 2008-862-io-i4.
You may request funding for this project once you have satisfied the ILA requirements �`°"'
for funding request in Article III. Please send payment requests to:
Collin County Engineering Department
Attn: Linda James
825 N. McDonald St. S�ite ibo
McKinney,TX 75069
To expedite your request,you may email a copy of the payment request to
lrjames@co.collin.tx.us. Please copy me at thomfeld@co.00llin.bc.us.
Sincerely,
� 't? �una s��
Tracy R omfeld,EIT
Collin County Engineering Department
xc: Ruben E.Delgadq PE
Linda James
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`�"" COURT ORDER NO.200& ��[ -90-'!4 C�/��r
THE STATE OF TEXAS
COUNTY OF GOLLIN
Subject: Interlocal Agreement,City of Wylie, Stone Road-Enginee�ing
On October 14, 2008, the Commissioners Court of Colli� County, Texas, met in regular
session vuith the following members p�esent and participating, to wit:
Keith Seif County Judge� Presiding
Phyllis Cole Commissioner, Precinct 1
Jerry Hoagland Commissio�er, Precinct 2
Jos Jaynes Commissioner, Precinct 3
Kathy Ward Commissioner, Precinct 4
During such session the court considered approval of an Inte�local Agreement with the City of
W ylie.
Thereupon, a rnotion was made, sec:onded and carried with a majority vote of the court for
approval of an Interlocal Agreement with the City of Wylie for the reconstruction of Stone
Raad frorn Akin Lane to County tine Road {2007 Bond Project No. Q7-092y and further
°""�" authorize the County Judge to finalize and execute same {2008 Funding NTE $500,000).
Same is hereby appraved as per the attached documentation.
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INTERLOCAL AGREEMENT •
BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE
FOR THE CONSTRUCI'ION OF STONE ROAD FROM AKIN LANE TO
COUNTY LINE RQAD BOND PROJECT#07-092
(2008 FUNDING)
WHEREAS, the County af Cotlin, Texas {"Countv") and the City of Wylie, Texas
(" it ")desire to enter into an agreement concerning the construction of Stone Road and
other improvemeets from Akin Lane to County Line Road in Collin County, Texas; and
WHEREAS, t!►e Intertocal Cooperation Act (Texas Government Code Chapter 791)
authorius any local government to contract with one or more local governments to
perform governmental funetions and services under the terms of the Act;and
WHEREAS, the City and County have determined that the improvements may be
constn,cted most economicatly 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 suff'iciency of
which is hereby acknowledged.
WITNESSETH:
ARTICLE L
The City shall arrange to construct improvemeMs to Stone Road, hereinafter
called (the"Prqject"). The Project shali consist of constructing a 41ane divided concrete
roadway, a distance of a�tproximately 10,000 feet. The improvements shall also include
construction of underground stcxm sewers as part of the road improvements. All
improvements shal! 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 Il.
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 IIL
The City estimates the total actual cost of the Project io be $10,042,500, which
shall include land acquisition, engineering, construction, inspection, testing, street
lighting, and construction administration costs including contingencies. The totai amount ..,�,
ILA betweea Coi�a County and the City of Wytie ne:Store Rd.(Project#07-0�4) Page 1
s2i93t��
• ;,� of Funds remitted by the County during 2008 shali not encced $500,000. 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 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 atl of the following have occurred, the County shall
remit to the City fefty percent(50%)of the remaining Fuads not already disbursed
for enginee�ing costs under(a}.
(1) the City issues a notice to the lowest responsible bidder ta start
construction of the Project;
(2) the City requests payment from the County;and
(3) County bond money is available.
(c) Within thicty (30) days after tfie 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$10,042,500, 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 Proje�t cost ar�d progress reports
every thirty(30)days until Project completion.
ARTICLE V.
The City and County agree that the parcy paying for the performance of
governmental functions or services shatl make thvse payments only from cucrent
�.
revenues ltgally available to the paying party.
ILA betweeo Collia Cowty and t�e C'�of Wylie re:Stanr Rd.(Project�107-08�) Page 2
sz�s3i.�2
;3i� ' ARTICLE VI.
CNDEMNIFICATION. TO THE EXTENT ALL4WED BY LAW, EACH
PARTY AGREES TO RELEASE, DEFEND, INDEMNIFY, AND HOLD
HARMLESS THE OTHER(AND ITS OFFICERS,AGENTS,AND EMPLOYEES)
FROM AND AGAINST ALL CLA[MS OR CAUSES OF ACTION FOR IIVJURIES
(INCLUDiNG DEATH), PROPERTY DAMAGES (INCLUDING LOSS OF USE�
AND ANY OTHER LOSSES, DEMANDS� SUI'CS, JUDGMENTS AND COSTS,
tNCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES, [N ANY
WAY ARISING OUT OF', RELATED TO, OR RESULTiNG FROM 1TS
PERFORMANCE UNDER TH[S AGREEMENT, QR 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
PERF'ORMING 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. ,.L.�,.
� � ARTICLE VIII.
,�
SEVER.ABILITY. The grovisions of this Agreement ate severable. If any
pazagraph, 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 provisian 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
rvritten 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 wririen consent of the
other party.
iLA betwetn Collin County snd the City of Wylie re:Stone Rd.(Project#07-084) Pa�e 3
521931v2
ARTICLE XI.
1MMLJNITY. It is expressly understood and agreed that, in the e:cecution of this
Agreement, neither party waives, nor shall be deemed hereby to have waived any
immunity or defense that wouid otherwise be available to it against claims arising in the
exercise of governmental pawers and functions. By entering into this Agreement, the
}�arties 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 automaticalty renew annually duting this period.
APPROVED AS TO FORM: COUN,TY�F�OCLIN;'F XAS
, i
gy: By:
Name: Name: ;�;-� �;�,{�-
Title: Title: �nty Judge
Date: Date: �a", S �
�'��� Execute o thisJ�day of�'
�`� 20f�,� by the County of Collin,
pursuant to Commissioners' Court
Order Na ��-`�'t.,.,��4�,� ��� .
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ATTEST: ���.�;�,� O F,yV'y,,�� CITY OF'WYLIE,T XAS
�`Cj\, • �•`/ ��
�
B}�: "�_ .1 :� By:
Name: Carole E ich = � r _ � ,� _ Name: Mindy M son
Title: City Secretary - 'r—=�' ' Title: City ana er
Date: �l '�3 -o�' ''s �i�''�• .... •.�'. ,.� Date:
.
''�,,rC�F TEXP`'�•�` Executed on beha f of the City of
����������������`, Wylie pursuant to City Council
Resolution No.
APPROVED AS TO FORM:
By: ��Rur � �---__
Name: C �ire E • Swq�n
Title: City Attomey
Date: �i�. ?,� �(J�'
� � T
ILA between Collin County and the City of Wyfie re:Stone Rd.(Project 1107-0&1) Page d
?21931 v2
Public Works Department
700 A. Wilmeth Road .--�
�°��'" C 0 L L I N C 0 U N T Y McKinney, Texas 75069
couN www.coflincountytx.gov
972-548-3700 (Phone}
972-548-3754 (Fax)
Consistent with the mutual understanding reached IYov. 22, 2011,Collin County is
prepared to facilitate the following projeds:
1. Elm Dr. (CR3$1)
2. Lake Rd. (CR486)
3. Skyview
4. Mutual Boundary roads
Public Works has prepared cost estimates for each road project and the Mutual
Boundary raads discussed at the aforementioned meeting.
City of Wylie costs
Project Surface Cost+/-
Elm Dr.(aka)CR 381 3" HMAC(Hot Mix) $25,871.13
Project Surface Cost+/-
lake Rd. (aka)CR 486 TCP(Chip Seal) $22,559.23
Project Surface Cost+/-
Skyview* TCP(Chip Seal) $246,848.01
3" HMAC(Hot Mix} $434,344.71
Mutual6oundary- Surface Cost+/-
Upgrade rock to TCP
CR 455 Wheelis TCP(Chip Seal} $2,292.00
CR 1105 Beaver Creek TCP(Chip Seal) $15,338.00 .�..�.
CR 437 SE side of
Branch peninsula TCP(Chip Seal) $1,310.00
City of Wvlie Total Cost
*Skyview TCP (Chip Seal) $314,218.37
*Skyview 3"- HMAC (Hot Mix) $501,715.07
Collin County is interested in vigorously pursuing options for remuneration upon
completion. One option could include a repayment plan over a mutually satisfactory
time frame, i.e. 1—5 years. Should you have any questions or concerns, please feel free
to contact me at 972-548-3735.
**Note:Totals have been reduced by$4,584 as CR983 is no longer applicable to this
agreement.