Resolution 2016-05 RESOLUTION NO. 2016-05(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 THE NORTH TEXAS MUNICIPAL WATER
DISTRICT (NTMWD) AND THE CITY OF WYLIE CONCERNING THE
RECONSTRUCTION OF EUBANKS LANE FROM SH78 TO THE
NTMWD ENTRANCE.
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 NTMWD and the City of Wylie concerning the reconstruction of Eubanks Lane from
SH78 to the NTMWD entrance,
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 26th day of January, 2016.
ERIC HOGUE,�4a
ATTEST TO: � O ,� �
CA OLE EHRL , City Secretary ;
-SF TACP[RALW,4V
a 1887° s i
T4TH dF_ti%�
Resolution No.2016-05(R)
ILA with(NTMWD)conceming the reconstruction of Eubanks Lane from SH 78 to the NTMWD entrance.
I
EXHIBIT "A"
Interlocal Agreement
Resolution No.2016-05(R)
ILA with(NTMWD)concerning the reconstruction of Eubanks Lane from S11 78 to the NTMWD entrance.
2
STATE OF TEXAS §
COUNTY OF COLLIN §
INTERLOCAL COOPERATION AGREEMENT
BETWEEN THE CITY OF WYLIE, TEXAS
AND THE NORTH TEXAS MUNICIPAL WATER DISTRICT
This Interlocal Cooperation Agreement ("Agreement") is made and entered by and
between the City of Wylie, Texas, a home rule municipality ("City"), and the North Texas
Municipal Water District, a political subdivision of the State of Texas ("NTMWD"). City and
NTMWD at times are referred to herein as a "party" or collectively as the "parties."
WITNESSETH:
WHEREAS, City has investigated and determined that a need exists for the design,
repair, reconstruction, improvement and maintenance of Eubanks Lane from SH 78 to the
entrance of the NTMWD site, located on Eubanks Lane ("Project"); and
WHEREAS, Eubanks Lane is located within the corporate boundaries of City; and
WHEREAS, NTMWD desires to contribute funds to pay a portion of the construction
costs of the Project; and
r— WHEREAS, the Interlocal Cooperation Act, codified at Section 791.001 et seq. of the
Texas Government Code ("Act"), authorizes local governments to contract with one another to
perform governmental functions and services under the terms of the Act; and
WHEREAS, City and NTMWD find that the Project will provide a public benefit to both
City and NTMWD and that a cooperative effort by City and NTMWD pursuant to the Act will
more efficiently accomplish the purposes set forth herein; and
WHEREAS, the parties will have current funds available to satisfy their obligations at the
time those obligations become due.
NOW, THEREFORE, for the mutual covenants and consideration expressed herein, City
and NTMWD hereby agree as follows:
1. Description of Project. The Project consists of the design, repair, reconstruction,
improvement and maintenance of Eubanks Lane from SH 78 to the entrance of the
NTMWD site, located on Eubanks Lane. The Project is more particularly described in
Exhibit A, attached hereto and incorporated herein for all purposes.
2. Design and Construction of Project. City shall design, construct and manage the
Project. City shall provide a copy of the Project design plans to NTMWD for approval,
which approval shall not be unreasonably withheld, conditioned, denied or delayed. If
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City does not receive NTMWD's approval of the Project design plans within ninety (90)
days after City submits the Project design plans to NTMWD, such Project design plans
shall be deemed approved by NTMWD.
3. Project Costs. The estimated construction costs of the Project are one million six
hundred thirty thousand and 00/100 Dollars ($1,630,000) (the "Estimated Construction
Costs"). The phrase "actual construction costs" as used herein shall mean the
construction costs, geotechnical materials testing and inspection fees associated with the
Project that are actually paid by City to third-parties. The term "actual construction
costs" shall not include salaries, wages, costs and/or expenses incurred by the City's staff
and/or employees. The phrase "cost overruns" as used herein shall mean actual
construction costs that are incurred by City in connection with the Project that are over
and above the Estimated Construction Costs.
4. NTMWD's Reimbursement of a Portion of the Estimated Design and Construction
Costs. NTMWD agrees to reimburse City eighty percent (80%) of the Estimated
Construction Costs, or one million three hundred nineteen thousand and 00/100 Dollars
($1,319,000), plus eighty percent (80%) of the cost overruns, if any ("NTMWD's
Contribution"). Within thirty (30) days of an award of a construction contract for the
Project, NTMWD will tender to City NTMWD's agreed contribution to the Estimated
Construction Costs. Should City incur any cost overruns in connection with the Project,
City will provide NTMWD written notice of the same, and NTMWD shall reimburse
City eighty percent (80%) of the cost overruns within thirty (30) days of receiving such
notice from City. The parties agree that NTMWD's financial contribution to the Project
shall be based on the actual construction costs incurred by City in connection with the --
Project. Within a reasonable time after receiving a reasonable request from NTMWD,
City will provide NTMWD with copies of any and all documents regarding the actual
construction costs of the Project. Said records documenting actual construction costs
shall be maintained by the City for a period of five years after the completion of the
Project and shall be made available, after a reasonable period of notice, to the NTMWD
for review.
5. Deposit of NTMWD's Contribution. City will deposit NTMWD's Contribution in an
interest-bearing account, which amount shall be held by City and used exclusively for
payment of the actual construction costs of the Project; provided, however, that the
parties agree that any and all interest earned from the interest-bearing account containing
the funds deposited by NTMWD in accordance with this paragraph will be applied to the
NTMWD's Contribution under this Agreement.
6. Acquisition of Easements/Rights-of-Way. City shall obtain all necessary easements
and rights-of-way that are necessary for the Project. The costs and expenses associated
with the acquisition of all necessary easements and rights-of-way, as contemplated in
this paragraph, are not a part of the actual construction costs of the Project.
7. Relocation of Utilities. City shall be responsible for coordinating any necessary
relocation of utilities that may be required to commence and successfully complete the
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Project. The costs and expenses associated with the relocation of any necessary utilities,
as contemplated in this paragraph, are not a part of the actual construction costs of the
Project.
8. Maintenance. Upon completion of the Project, City shall be solely responsible for the
continued maintenance of the Project after completion.
9. Ownership of Easements/Improvements. Any and all easements obtained and
improvements constructed pursuant to this Agreement shall, at all times, remain the sole
property of City. NTMWD shall not, at any time, have or claim any ownership interest
in the easements obtained or improvements constructed in connection with the Project.
10. Term. This Agreement shall commence on the Effective Date and remain in full force
and effect until the Project has been completed and accepted by City or unless
terminated as provided herein.
11. Remedies.
Failure of Project; Limitation of Liability. If, for any reason other than default by
NTMWD, the Project is not pursued to completion, NTMWD agrees that its sole
remedy, and City's sole liability to NTMWD, is the return of any monies paid by
NTMWD to City pursuant to this Agreement, less the actual construction costs
already expended by the City at the time of default. If the Project is not pursued
to completion as a result of NTMWD's default of this Agreement. City agrees that
its sole remedy, and NTMWD's sole liability to City, shall be recovery from
NTMWD in an amount limited to 80% of the actual construction costs. The
parties expressly waive their rights to the recovery from one another of incidental
and/or consequential damages.
12. Miscellaneous.
a. 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, postage pre-paid and registered or certified
with return receipt requested; by facsimile; by electronic mail, with
documentation evidencing the addressee's receipt thereof; or by delivering the
same in person to such Party a via hand-delivery service, or any courier service
that provides a return receipt showing the date of actual delivery of same to the
addressee thereof. 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 City, addressed to it at:
City of Wylie
Attn: Mindy Manson
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300 Country Club Road
Wylie, Texas 75098
Telephone: (972) 516-6006
Facsimile: (972) 516-6026
Email: miiiciN._m�inso»'ii xvy_lieteras.(-loy�
with a copy to:
Abernathy, Roeder, Boyd& Hullett, P.C.
Attention: Ryan D. Pittman
1700 Redbud Blvd., Suite 300
McKinney, Texas 75069
Telephone: (214) 544-4000
Facsimile: (214) 544-4044
Email: ' tman�bernatlhy-law.com
If to NTMWD, addressed to it at:
North Texas Municipal Water District
Attn: Judd Sanderson
505 E. Brown Street
Wylie, Texas 75098
Telephone: (972) 442-5405
Email:jsaiidersoiva litmwd.conl
with a copy to: ---
Saunders Walsh & Beard
Attention: Mark A. Walsh
6850 TPC Drive, Suite 210
McKinney, Texas 75070
Telephone: (214) 919-3555
Facsimile: (214) 615-9019
Email: n7arki�l,sai.inders�k ilsh.com
b. Assignment. This Agreement is not assignable.
C. Entire Agreement. This Agreement contains the entire agreement of the parties
with respect to the matters contained herein and may not be modified or
terminated except upon the provisions hereof or by the mutual written agreement
of the parties hereto.
d. Governing LawNenue. The laws of the State of Texas shall govern the
interpretation, validity, performance and enforcement of this Agreement, without
regard to conflict of law principles. This Agreement is performable in Collin
County, Texas, and the exclusive venue for any action arising out of this
Agreement shall be a court of appropriate jurisdiction in Collin County, Texas.
low
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e. Consideration. This Agreement is executed by the parties hereto without
coercion or duress and for substantial consideration, the sufficiency of which is
w
forever confessed.
f. Multiple Counterparts. This Agreement may be executed in a number of
identical counterparts, each of which shall be deemed an original for all purposes.
An electronic mail and/or facsimile signature will also be deemed to constitute an
original if properly executed and delivered to the other party.
g. Authority to Execute. The individuals executing this Agreement on behalf of the
respective parties below represent to each and to others that all appropriate and
necessary action has been taken to authorize the individual who is executing this
Agreement to do so for and on behalf of the party for which his or her signature
appears, that there are no other parties or entities required to execute this
Agreement in order for the same to be an authorized and binding agreement on
the party for whom the individual is signing this Agreement and that each
individual affixing his or her signature hereto is authorized to do so, and such
authorization is valid and effective on the date hereof.
h. Savings/Severability. In the event that a term, condition or provision of this
Agreement is determined to be invalid, illegal, void, unenforceable or unlawful by
a court of competent jurisdiction, then that term, condition or provision shall be
deleted and the remainder of the Agreement shall remain in full force and effect
as if such invalid, illegal, void, unenforceable or unlawful provision had never
�-- been contained in this Agreement.
i. Representations. Each party represents that it has carefully read this Agreement,
knows the contents hereof, has consulted with an attorney of its choice regarding
the meaning and effect hereof and is signing the same solely of its own judgment.
j. Responsibilities. The parties agree that neither party is an agent, servant, or
employee of the other party and that each party is responsible for its individual
acts and deeds, as well as the acts and deeds of its contractors, employees,
representatives and agents. The parties agree that the Project is not a joint venture
or joint enterprise.
k. Immunity. The parties acknowledge and agree that, in executing and performing
this Agreement, the parties have not waived, nor shall be deemed to have waived,
any defense or immunity, including governmental, sovereign and official
immunity, that would otherwise be available to them 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 than those set
forth herein.
1. 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
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parties do not intend to create any third party beneficiaries by entering into this
Agreement.
in. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted
equally by all parties hereto. The language of all parts of this Agreement shall be
construed as a whole according to it fair meaning, and any presumption or
principle that the language herein is to be construed against any party shall not
apply. Headings in this Agreement are for the convenience of the parties and are
not intended to be used in construing this document.
[Signature page follows.]
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IN WITNESS WHEREOF. the parties have executed this Agreement and caused this
Agreement to be effective when all the parties have signed it. The date this Agreement is signed
by the last party to sign it (as indicated by the date associated with that party's signature below)
will be deemed the effective date of this Agreement ("Effective Date").
CITY OF WYLIE, TEXAS,
a home-rule municipality
By:
Mindy Manson, City Manager
Date:
ATTEST:
Carole Ehrlich. City Secretary
NORTH TEXAS MUNICIPAL WATER
DISTRICT,
a political subdivision of the State of Texas
By:
Print Name:
Title:
Date:
ATTEST:
Print Name:
Title:
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675667
STATE OF TEXAS §
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, on this day personally appeared MINDY
MANSON, known to me to be one of the persons whose names are subscribed to the foregoing
instrument; she acknowledged to me that he is the City Manager and duly authorized
representative of the CITY OF WYLIE, TEXAS, a home-rule municipality, and that she
executed the same for the purposes and consideration therein stated and in the capacity therein
stated as the act and deed of the CITY OF WYLIE, TEXAS.
IN WITNESS WHEREOF, I have hereunto set my hand and seal of office this day
of 12015.
Notary Public, State of Texas
My Commission Expires:
STATE OF TEXAS §
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, on this day personally appeared
, known to me to be one of the persons whose names are subscribed to the
foregoing instrument; he acknowledged to me that he is the and duly
authorized representative of the NORTH TEXAS MUNICIPAL WATER DISTRICT, a
political subdivision of the State of Texas, and that he executed the same for the purposes and
consideration therein stated and in the capacity therein stated as the act and deed of the NORTH
TEXAS MUNICIPAL WATER DISTRICT.
IN WITNESS WHEREOF, I have hereunto set my hand and seal of office this day
of , 2015.
Notary Public, State of Texas
My Commission Expires:
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Exhibit A
Project Description
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Eubanks Lane Paving and Drainage Improvements
PRELIMINARY OPINION OF CONSTRUCTION COST
Item No. Description Qty I Unit Price Amount
Project Description: A 4-lane Undivided Thoroughfare,11-
ft.lanes,10-inch Reinforced Concrete Pavement with 12-
inch Subgrade,Curbs and Underground Storm Drainage
Segment 1: SH 78 to South Side of RR Crossing
Project Length 860 L.F.
Width 45 B-B
1 Right-of-way Preparation 9 Sta. $ 5,000.00 $ 43,000
2 Unclassified Excavation 2,994 C.Y. $ 12.00 $ 35,929
3 12-inch Lime Treated Subgrade 4,491 S.Y. $ 5.00 $ 22,456
4 Hydrated Lime @ 65#/S.Y. 146 Tons $ 170.00 $ 24,813
5 6-inch Monolithic Concrete Curb 1,720 L.F. $ 2.00 $ 3,440
6 10-inch Reinforced Concrete Pavement 4,300 S.Y. $ 50.00 $ 215,000
7 Reinforced Concrete Driveways(30'wide x 25'deep) 83 S.Y. $ 45.00 $ 3,750
8 Side Street Concrete Transition(38'wide x 50'deep) 211 S.Y. $ 45.00 $ 9,500
9 Remove Existing Concrete Pavement 2,102 S.Y. $ 12.00 $ 25,227
10 Finish Grade and Sodding 2,293 S.Y. $ 7.00 $ 16,053
11 5-foot Wide Reinforced Concrete Sidewalk 478 S.Y. $ 45.00 $ 21,500
12 Handicap Ramps 2 Ea. $ 1,500.00 $ 3,000
13 SH78 Right Turn Lane(100%NTMWD construction) 1 Ea. $ 75,000.00 $ 75,000
Paving Improvements Subtotal: $ 498,668
14 Junderground Storm Drainage Improvements 30% of Paving Improvements $ 149,600
Drainage Improvements Subtotal: $ 149,600
15 Signalization Improvements 1 L.S. $ 75,000.00 $ 75,000
16 Landscaping and Irrigation Improvements(Not Included) $ -
17 Street Lighting Improvements(Not Included) $ -
Aesthetics and Signalization Subtotal: $ 75,000.00
Paving,Drainage,Signalization: $ 723,268
Contingency: 15% $ 108,490
Opinion of Probable Construction Cost: $ 830,000
Construction Cost per Linear Foot: $ 965.12
Item No. Description Qty Unit Price Amount
Project Description: A 4-lane Undivided Thoroughfare,11-
ft.lanes,10-inch Reinforced Concrete Pavement with 12-
inch Subgrade,Curbs and Underground Storm Drainage
Segment 2: RR Crossing
Project Length 150 L.F.
Width 45 B-B
1 RR Crossing 1 L.S. $500,000.00 1 $ 500,000
2 Observation and Flagging 1 L.S. $ 30,000.00 $ 30,000
Paving Improvements Subtotal: $ 530,000
Paving,Drainage,Signalization: $ 530,000
Contingency: 15% $ 79,500
Opinion of Probable Construction Cost: $ 610,000
Construction Cost per Linear Foot: $ 4,066.67
12/21/2015
Item No. Description I Qty I Unit Price Amount
Project Description: A 4-lane Undivided Thoroughfare,11-
ft.lanes, 10-inch Reinforced Concrete Pavement with 12-
inch Subgrade,Curbs and Underground Storm Drainage
Segment 3: RR Crossing to North Side of NTMWD Entrance
Project Length 215 L.F.
Width 45 B-B
1 Right-of-way Preparation 2 Sta. $ 5,000.00 $ 10,750
2 Unclassified Excavation 749 C.Y. $ 12.00 $ 8,982
3 12-inch Lime Treated Subgrade 1,123 S.Y. $ 5.00 $ 5,614
4 Hydrated Lime @ 65#/S.Y. 36 Tons $ 170.00 $ 6,203
5 6-inch Monolithic Concrete Curb 860 L.F. $ 2.00 $ 1,720
6 10-inch Reinforced Concrete Pavement 1,075 S.Y. $ 50.00 $ 53,750
7 Reinforced Concrete Driveways(18'wide x 25'deep) 100 S.Y. $ 45.00 $ 4,500
8 Side Street Concrete Transition(100'wide x 50'deep) 560 S.Y. $ 45.00 $ 25,200
9 Remove Existing Concrete Pavement 100 S.Y. $ 12.00 $ 1,200
10 Finish Grade and Sodding 573 S.Y. $ 7.00 $ 4,013
11 5-foot Wide Reinforced Concrete Sidewalk 119 S.Y. $ 45.00 $ 5,375
12 lHandicap Ramps 2 Ea. $ 1,500.00 $ 3,000
Paving Improvements Subtotal: $ 130,000
13 Junderground Storm Drainage Improvements 30% of Paving Improvements $ 39,000
Drainage Improvements Subtotal: $ 39,000
14 Signalization Improvements(Not Included) $ -
15 Landscaping and Irrigation Improvements(Not Included) $
16 Street Lighting Improvements(Not Included) $
Aesthetics and Signalization Subtotal: $ -
Paving,Drainage,Signalization: $ 169,000
Contingency: 15% $ 25,350
Opinion of Probable Construction Cost: $ 190,000
Construction Cost per Linear Foot: $ 883.72
Total Opinion of Probable Construction Cost(Segments 1-3): $ 1,630,000
Engineering,Surveying,ROW Documents,and Geotechnical: 12% $ 200,000
Testing $ 15,000
Right of Way 2.81 Ac. $ 50,000.00 $ 140,000
Right of Way Acquisition 8 Parcels $ 4,000.00 $ 32,000
Total Project Costl $ 2,017,000
12/21/2015
PROJECT COST SHARE
City of Wylie NTMWD
%Share $ %Share $ TOTAL
Segment 1-SH78 to RR Crossing 20% $ 151,000 80% $ 604,000 $ 755,000
Segment 1-Deceleration and right turn lane 0% 100% $ 75,000 $ 75,000
Segment 2-RR Crossing 20% $ 122,000 80% $ 488,000 $ 610,000
Segment 3-RR Crossing to NTMWD Entrance 20% $ 38,000 80% $ 152,000 $ 190,000
Segment 1-3-Engineering and ROW 100% $ 387,000 0% $ - $ 387,000
TOTAL 35% $ 698,000 65% $ 1,319,000 $ 2,017,000
Cost Estimate with cost share 12/28/2015