Resolution 2013-14 RESOLUTION NO. 2013-14(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 PARTIAL FUNDING
INTERLOCAL AGREEMENT #2 BY AND BETWEEN COLLIN
COUNTY, THE CITY OF SACHSE, AND THE CITY OF WYLIE
CONCERNING THE CONSTRUCTION OF WOODBRIDGE PARKWAY
FROM SH 78 TO HENSLEY LANE.
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, Partial Funding Interlocal
Agreement #2 by and between Collin County, the City of Sachse, and the City of WYLIE, Texas
for the construction of Woodbridge Parkway from SH 78 to Hensley Lane,
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE l lth day of June,2013.
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ERIC HOGUE, a�or
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Resolution No.2013-14(R)-Partial Funding Interlocal Agreement#2 �
By And Between Collin County, Sachse, Wylie
Construction of Woodbridge Parkway From SH 78 To Hensley Lane Page 1 of 2
EXHIBIT "A"
Interlocal Agreement
Resolution No.2013-14(R)-Partial Funding Interlocal Agreement#2
By And Between Collin County, Sachse,Wylie
Construction of Woodbridge Parkway From SH 78 To Hensley Lane Page 2 of 2
INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY,
THE CITY OF SACHSE AND THE CITY OF WYLIE
CONCERNING THE CONSTRUCTION OF
WOODBRIDGE PARKWAY FROM SH 78 TO HENSLEY LN. IMPROVEMENTS
2003 BOND PROJECT#03-072
(Partial Funding ILA#2)
WHEREAS, the County of Collin, Texas ("Coun "), the City of Sachse, Texas ("Sachse"), and
the City of Wylie, Texas ("Wvlie") (Sachse and Wylie herein sometimes collectively referred to as
"Cities"), desire to enter into an agreement concerning the construction of improvements to Woodbridge
Parkway from SH 78 to Hensley Ln.(the"Proiect")in the Cities of Wylie and Sachse,Collin County,Texas
("Partial Funding ILA#1");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, County, Sachse, and Wylie have determined that the improvements related to the
Project may be constructed most economically by implementing this Partial Funding ILA#1;and
WHEREAS, the Collin County Commissioners Court approved an Interlocal Agreement for
Engineering and Construction of the Maxwell Creek Bridge at Hooper Road with the City of Wylie on May
7�', 2012, Court Order #2012-262-OS-07 for an amount not to exceed $1,351,750.00 of which the Counry
has already tendered to Wylie$1,351,750.00;and
WHEREAS, the Collin County Commissioners Court approved the use of Discretionary Bond
funds for Woodbridge Parkway on February 20,2012,Court Order#2012-121-2-20.
WHEREAS,parties intend for the Available Funding to be distributed according to the terms and
conditions set forth in two (2) separate interlocal agreements, specifically, Partial Funding ILA#1 and this
Partial Funding ILA#2;and
WHEREAS,Partial Funding ILA#2 shall provide the terms and conditions for engineering,right
of way acquisition and some construction costs,as herein defined; and
WHEREAS,the parties hereto have investigated and determined that is in the best interest of each
of their respective jurisdictions to enter into this Partial Funding ILA#2.
NOW, THEREFORE,this Partial Funding ILA#2 is made and entered into by and between the
County, Sachse, and Wylie upon and for the mutual consideration stated herein,the receipt and sufficiency
of which is hereby acknowledged:
WITNESSETH:
ARTICLE I.
The Cities shall arrange to cause the construction of the improvements for the Project. The Project
shall consist of constructing Woodbridge Parkway from SH 78 to Hensley Lane and includes the
construction of approximately 5,280 feet of 4-lane concrete divided roadway, a 320 foot bridge, and
crossing of the KCS railroad. The Project improvements shall also include construction of underground
storm sewers as part of the road improvements.
Interlocal-between Collin County,Sachse&Wylie
Construction of Woodbridge Parkway from SH 78 To Hensley Ln.
Improvements 2003 Bond Project#03-072 Page 1 of 6
The Project shall consist of five (5) phases: Woodbridge Parkway & KCS Railroad Crossing,
Phase 1,Phase 2,Maxwell Creek Bridge, and Woodbridge Parkway north of Maxwell Creek Bridge, all of
which are depicted in Exhibit "A", attached hereto and incorporated herein for all purposes. All Project
improvements shall be designed to meet or exceed the current County design standards and shall be
constructed in accordance with the plans and specifications approved by the respective Cities.
ARTICLE II.
Sachse shall be obligated to deliver or cause to have delivered Phase 1 and the Woodbridge
Parkway&KCS Railroad Crossing portions of the Project as a roadway system. The projected cost for this
portion of the project is$1,874,018.13. Sachse shall also be responsible for the design of Phase 2.
Sachse's participation is estimated to be$2,113,148.78 which includes$277,000 in reallocated 2007 Collin
County Transportation Bond funds,approved on February 20,2012,court order#2012-122-2-20,to be
applied toward the Project.The total cost to construct Phase 1 and the Woodbridge Parkway&KCS
Railroad Crossing portions of the project shall be computed based on the unit prices for the construction of
Phase 2,Maxwell Creek Bridge,and Woodbridge Parkway north of Maxwell Creek Bridge to the
maximum extent possible.
Wylie shall be responsible for the construction of Phase 2, and the design and construction of
Maxwell Creek Bridge, and design and construction of Woodbridge Parkway, north of Maxwell Creek
Bridge. The projected cost for this portion of the Project is $6,612,990.92. Wylie's total participation is
estimated to be $2,289,661.50. Wylie shall prepare specifications far Phase 2; plans and specifications for
the Maxwell Creek Bridge and Woodbridge Parkway north of Maxwell Creek Bridge, accept bids and
award contracts to construct such improvements and administer the construction contract(s).
In all such activities,the Cities shall comply with all state statutory requirements. The Cities shall
provide the County with a copy of the executed construction contract(s)far the Project.
ARTICLE III.
The Cities shall also acquire the necessary properiy in the vicinity of the Project improvements for
use as right-of-way.
ARTICLE IV.
The County and Cities estimate the total actual cost of the Project to be$8,487,009.05,which shall
include land acquisition, engineering, construction, inspection, testing street lighting, and construction
administration costs including contingencies.
The total funds remitted by the County for the Project identified in this Partial Funding ILA #2
shall not exceed $2,732,448.77. The County's available funds for this Partial Funding ILA #2 consist of
2007 County discretionary bond funds in the amount of$2,732,448.77.The use of discretionary bond funds
was approved on February 20,2012,by Court Order#2012-121-2-20.
The Payment Schedule is as follows:
(a) Within thirty (30) days after the Cities (1) execute a Professional Services
Agreement for the design of the Project, and (2) request payment from the County,
the County shall remit a portion of the Available Funds to the Cities to cover those
engineering costs required under the Professional Service Agreement.
(b) Within thirty(30)days after the Cities request payment from the County,the County
shall remit a portion of the Funds to the Cities to cover any and all right of way
Interlocal-between Collin County,Sachse&Wylie
Construction of Woodbridge Parkway from SH 78 To Hensley Ln.
Improvements 2003 Bond Project#03-072 Page 2 of 6
acquisition costs for the Project, including but not limited to, the cost to acquire the
right of way through eminent domain.
(c) Within thirty (30) days after all of the following have occurred, the County shall
remit to the Cities the remaining Funds not already disbursed under(a)or(b)above:
(1) the Cities issue a Notice to Proceed to the lowest responsible bidder for the
construction of Phase 2, Maxwell Creek Bridge, and Woodbridge Parkway
north of Maxwell Creek Bridge;
(2) the Cities request payment from the County;and
(3) County bond money is available.
(d) Upon the completion of the Project, the Cities shall provide to the County 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 Cities shall remit to the County
fifty percent (50%) 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 with prior written notice and approval by the Cities.
ARTICLE V.
The Cities 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 VI.
County and Cities agree that the party paying for the performance of governmental functions or
services pursuant to this Partial Funding ILA #2 shall make those payments only from current revenues
legally available to the paying party.
ARTICLE VII.
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 PARTIAL FUNDING ILA#1.
ARTICLE VIII.
COLJNTERPARTS. This Agreement may be executed in a number of identical counterparts, each
of which shall be deemed an original for all purposes.
ARTICLE IX.
NOTICE. Any notice provided or permitted to be given under this Agreement must be in writing
and may be served by depositing same in the United States mail, addressed to the party to be notified,
Interlocal-between Collin County,Sachse&Wylie
Construction of Woodbridge Parkway from SH 78 To Hensley Ln.
Improvements 2003 Bond Project#03-072 Page 3 of 6
postage pre-paid and registered or certified with return receipt requested, or by delivering the same in
person to such party via a hand-delivery service, Federal Express or any courier service that provides a
return receipt showing the date of actual delivery of same, to the addressee thereo£ Notice given in
accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of
notification,the addresses of the parties shall be as follows:
If to the City,to: City of Sachse
Attn: City Manager
3815 Sachse Rd.
Sachse,TX 75048
If to the City,to: City of Wylie '
Attn: City Manager
300 Country Club Rd.,Bld. 100
Wylie,Texas 75098
ARTICLE X.
VENUE. The laws of the State of Texas shall govern the interpretation,validity,performance and
enforcement of this Partial Funding ILA #2. The parties agree that this Partial Funding ILA #2 is
performable in Collin County, Texas and that exclusive venue shall lie in Collin County,Texas.
ARTICLE XI.
NO THIRD PARTY BENEFICIARIES. Nothing in this Agreement shall be construed to create
any right in any third party not a signatory to this Agreement, and the parties do not intend to create any
third party beneficiaries by entering into this Agreement.
ARTICLE XII.
SEVERABILITY. The provisions of this Partial Funding ILA#2 are severable. If any paragraph,
section, subdivision, sentence, clause, ar phrase of this Partial Funding ILA#2 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 Partial Funding ILA #2 shall be enforced as if the
invalid provision had never been included.
ARTICLE XIII.
ENTIRE AGREEMENT. This Partial Funding ILA #2 embodies the entire agreement between
the parties regarding the subject matter of this Partial Funding ILA #2 and may only be modified in a
writing executed by both parties.
ARTICLE XIV.
SUCCESSORS AND ASSIGNS. This Partial Funding ILA #2 shall be binding upon the parties
hereto,their successors and assigns. No party may assign or transfer an interest in this Partial Funding ILA
#2 without the written consent of the other parties.
ARTICLE XV.
IMMLJNITY. It is expressly understood and agreed that, in the execution of this Partial Funding
ILA #2, none of the parties waive, 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 Partial Funding ILA #2, the parties do not create any obligations, express
Interlocal-between Collin County,Sachse&Wylie
Construction of Woodbridge Parkway from SH 78 To Hensley Ln.
Improvements 2003 Bond Project#03-072 Page 4 of 6
or implied, other than those set forth herein, and this Partial Funding ILA #2 shall not create any rights in
parties not signatories hereto.
ARTICLE XVI.
TERM. This Partial Funding ILA #2 shall be effective upon execution by all parties and shall
continue in effect annually until final acceptance of the Project. This Partial Funding ILA #2 shall
automatically renew annually during this period.
APPROVED AS TO FORM: COUNTY OF COLLIN,TEXAS
By: By:
Keith Self
Name: County Judge
Title:
Date: Date:
Executed on this day of , 2013,
by the County of Collin, pursuant to
Commissioners' Court Order No.
ATTEST: CITY OF SACHSE,TEXAS
By: By:
Terry Smith William K. George
City Secretary City Manager
Date: Date:
Executed on behalf of the City of Sachse
pursuant to City Council Resolution No.
APPROVED AS TO FORM:
By:
Peter G. Smith
City Attorney
Date:
Interlocal-between Collin County,Sachse&Wylie
Construction of Woodbridge Parkway from SH 78 To Hensley Ln.
Improvements 2003 Bond Project#03-072 Page 5 of 6
ATTEST: CITY OF WYLI TE
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By: By:
Carole E ich indy Manson
City Se etary ty Manager
Date: [o—/�""�d�.� Date: �o— l�'���.�
Executed on behalf of the City of Wylie
pursuant to City Council Resolution Na
2013-14(R)
APP OVED AS T FOR : _
By. (
Courtn A. Kuy end �
City A rney
Date: �� -I �
T
Interlocal-between Collin County,Sachse&Wylie
Construction of Woodbridge Parkway from SH 78 To Hensley Ln.
Improvements 2003 Bond Project#03-072 Page 6 of 6
