Resolution 2018-06RESOLUTION NO. 2018-06(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, HEREBY AUTHORIZING THE CITY MANAGER TO
EXECUTE A FUNDING AGREEMENT WITH DALLAS COUNTY TO
ESTABLISH A PRELIMINARY PROPOSED BUDGET FOR THE
MUDDY CREEK BRIDGE PROJECT FROM COUNTRY CLUB DRIVE
TO THE DALLAS COUNTY LINE.
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, a Funding Agreement with
Dallas County to establish a preliminary proposed budget for the Muddy Creek Bridge Project
from Country Club Drive to the Dallas County Line. (Exhibit A)
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 23rd day of January, 2018.
ATTEST TO:
CA"I LE EHRL City Secretary
Resolution No. 2018-06(R)
Funding Agreement with Dallas County — Muddy Creek Bridge
ERIC HOGUE,yor
EXHIBIT "A"
Funding Agreement
Resolution No. 2018-06(R)
Funding Agreement with Dallas County — Muddy Creek Bridge
DALLAS COUNTY CAPITAL IMPROVEMENT PROGRAM
FUNDING AGREEMENT
The City of Wylie, Texas, hereinafter ("City"), and the County of Dallas, Texas, hereinafter
("County"), desire to enter into a Funding Agreement, hereinafter ("FA"), in order to contract for the
implementation of the Major Capital Improvement Project authorized by Court Order 2013-1923 dated
November 5, 2013, which approved specified projects including Muddy Creek Bridge MCIP 28202
Project from Country Club Drive to the Dallas County Line, hereinafter ("Project").
Witnesseth
WHEREAS, the Project is located within the Cities of Sachse and Wylie; and
WHEREAS, the County has requested that it be designated as the Lead Agency for the Project
and will provide the Project Manager; and
WHEREAS, City and County entered into a Master Agreement Governing Major Capital
Improvement Program (Master Agreement) on November 5, 2013, by Commissioners Court Order
2013-1923, for the purpose of transportation improvements on roads inside Dallas County; and
WHEREAS, Chapter 791 of the Texas Government Code and Chapters 251 and 472 of the
Texas Transportation Code provide authorization for local governments to contract with each other for
the performance of governmental functions and services, and joint funding of road or street projects.
NOW THEREFORE THIS FUNDING AGREEMENT is made by and entered into by the
City and the County for the mutual consideration stated herein.
Article I.
Proiect Funding Agreement
This FA is between the County and the City to establish a preliminary proposed budget for the
Project which will facilitate the movement of public transportation to benefit both the City and County.
This FA is to specifically identify the Project as well as any changes in the rights and responsibilities
of each of the parties as set forth in the Master Agreement Governing Major Capital Improvement
Program, hereinafter ("Master Agreement"), which is hereby incorporated herein as if written word for
word and any additions thereto. All terms of the Master Agreement remain in full force and effect
except as modified herein. In the event of any conflict between the Master Agreement and this FA,
this FA shall control.
Article II
Incorporated Documents
This FA incorporates, as if fully reproduced herein word for word and number for number, the
following items:
1. Master Agreement authorized by Commissioners Court Order 2013-1923, dated November
5, 2013, and additions thereto as incorporated herein.
2. Project Location Map, which is attached and incorporated herein as Attachment "A."
FA -City of Wylie
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3. Current Cost Estimates and Funding Sources, which is attached and incorporated herein as
Attachment "B."
Article III
Term of Agreement
This FA shall become effective when signed by the last party whose signature makes the
respective agreement fully executed. This FA will remain in effect until:
1. Incorporation into the Project Specific Agreement; or
2. Termination upon the terms and conditions as set forth in the Master Agreement, Article IV
Section A, Termination.
Article IV
Proiect Description
This FA is entered into by the parties to develop public transportation improvements within the
City. The Project is defined as primary (final) design, plans, specifications and estimates (hereinafter
"PS&E") from which a Project Specific Agreement (hereinafter "PSA") will be developed to facilitate
potential implementation of improvements to construction. The Project is defined as the Muddy Creek
Bridge Project from Country Club Drive and ending at the Dallas County Line as further detailed in
Attachment "A". The Project includes bridge, four lane divided concrete roadway, and stormwater
improvements from Country Club Drive connecting with the existing Sachse Road/Ballard Avenue
four lane section just south of Creek Crossing Lane. The City does hereby give its approval for
expenditure of County funds for the construction, improvement, maintenance, or repair of a street
located within the municipality.
The primary (final) design PS&E will be submitted to the City for approval, prior to proceeding
with final design and any right of way acquisition. The City shall review and comment on the primary
(final) design PS&E within thirty (30) days after delivery to the City. If the County has not received
comments within thirty (30) days after delivery to the City, the County will assume the City has
reviewed the plans and documents, had no comments and the Project may proceed. This FA will be
amended after the City approves preliminary alignment and the preliminary plans are completed.
Article V
Fiscal Funding
Notwithstanding anything to the contrary herein, this FA is expressly contingent upon the
availability of County funding for each item and obligation contained herein. City shall have no right
of action against the County of Dallas as regards this FA, specifically including any funding by County
of the Project in the event that the County is unable to fulfill its obligations under this FA as a result of
the lack of sufficient funding for any item or obligation from any source utilized to fund this FA or
failure of any funding party to budget or authorize funding for this FA during the current or future
fiscal years. In the event of insufficient funding, or if funds become unavailable in whole or part, the
County, at its sole discretion, may provide funds from a separate source or terminate this FA. In the
event that payments or expenditures are made, they shall be made from current funds as required by
Chapter 791, Texas Government Code.
Notwithstanding anything to the contrary herein, this FA is expressly contingent upon the
availability of City funding for each item and obligation contained herein. County shall have no right
FA -City of Wylie
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of action against the City as regards this FA, specifically including any funding by City of the Project
in the event that the City is unable to fulfill its obligations under this FA as a result of the lack of
sufficient funding for any item or obligation from any source utilized to fund this FA or failure of any
funding party to budget or authorize funding for this FA during the current or future fiscal years. In
the event of insufficient funding, or if funds become unavailable in whole or part, the City, as its sole
discretion, may provide funds from a separate source or terminate this FA. In the event that payments
or expenditures are made, they shall be made from current funds as required by Chapter 791, Texas
Government Code.
Article VI
Agreements
County and City Responsibilities:
1. County will be the Lead Agency for the Project.
2. City and County have mutually agreed that the Project limits are the Muddy Creek
Bridge from Country Club Drive to the Dallas County Line.
3. County and City will execute the necessary agreements for the implementation of
design and construction of the Project mutually agreed-upon and incorporated herein by
this FA.
4. The Project may require the acquisition of road right-of-way within the alignment which
is all real property needed or convenient for roadway purposes as shown in the Project
design or right-of-way plans and shall include all real property outside of the designed
right-of-way needed or convenient to the construction, drainage, interface with
adjoining streets or alleys, driveways or other access ways or other Project permanent or
temporary easements which is approved by the City and County. Such right-of-way
acquisition shall be the responsibility of the County as Lead Agency, and shall be
funded as part of Project costs. Such acquisitions will be transferred into the City's
name as owner as the City will be solely responsible for maintenance after construction
is completed.
II. City Responsibilities:
1. City will attend all Project task force meetings and public meetings.
2. City shall review and comment on all drawings and documents within thirty (30) days
after delivery to the City. If the County has not received comments within thirty (30)
days after delivery to the City, the County will assume the City has reviewed the plans,
had no comments, and proceed with the Project.
3. City shall be responsible for maintaining the roadway, improvements, grading area,
drainage structures, striping, and signage after the Project is complete.
III. County Responsibilities:
1. County shall use the total funding committed by the City and the County solely for the
purpose of eligible Project costs.
2. County shall inform the City of all Project activity and approvals.
3. County shall provide a final accounting of Project costs once the planning is complete
and accepted by the City. The accounting shall have sufficient detail for the Auditor to
verify Project costs.
FA -City of Wylie
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Article VII
Funding
County and City mutually agree to proportionately fund the Direct Project and Program cost as
follows and as summarized in Attachment "B":
1. Notwithstanding any provision in the Master Agreement, this FA, any amendment
thereto, or any other agreement between the parties regarding this Project, the total
Project cost is estimated to be One Million Dollars and Zero Cents ($1,000,000.00). The
County's total obligation to this Project is to provide funding in the amount not to
exceed Five Hundred Thousand Dollars and Zero Cents ($500,000.00), reduced by
all County in-house delivery costs of the total Project cost.
2. The County's in-house Project delivery costs ("IHPD") may include all County Project
delivery costs including but not limited to primary design services, special services,
right-of-way acquisition, administration, inspection, laboratory services and
construction.
3. The City of Wylie agrees to provide funding for the Project in the amount of Two
Hundred Fifty Thousand Dollars and Zero Cents ($250,000.00). City agrees to
encumber an amount adequate for total estimated Project costs as determined prior to
the commencement of each Project milestone as determined by the County within thirty
(30) days of notification by the County. The City will pay Project costs as invoiced by
the County.
4. County shall execute a Funding Agreement with the City of Sachse for the remaining
Two Hundred Fifty Thousand Dollars and Zero Cents ($250,000.00) of the total Project
cost.
5. Any payments to be made by any party hereto shall be from current revenue or other
lawfully available funds in accordance with Chapter 791, Texas Government Code.
6. Preliminary cost estimates will be generated to review adequacy of the project budget.
The scope will be modified as agreed by the City and County to remain within the
estimated cost, if necessary.
Article VIII
Miscellaneous
I. No Third Party Beneficiaries. The terms and provisions of this FA are for the benefit of the
parties hereto and not for the benefit of any third party. It is the express intention of City and
County that any entity other than City or County receiving services or benefits under this FA
shall be deemed an incidental beneficiary only. This FA is intended only to set forth the
contractual right and responsibilities of the parties hereto.
II. Annlicable Law. This FA is and shall be expressly subject to the Sovereign Immunity of
County and Governmental Immunity of City, Title 5 of the Texas Civil Practice and Remedies
Code, as amended, and all applicable federal and state laws. This FA shall be governed by and
construed in accordance with the laws and case decisions of the State of Texas. Exclusive venue
for any legal action regarding this FA filed by either City or County shall be in Dallas County,
Texas.
III. Notice. Any notice provided for in this Agreement to be given by either party to the other,
shall be required to be in writing and shall be deemed given when personally delivered, or two
(2) business days after being deposited in the United States Mail, postage prepaid, by certified
mail, return receipt requested, or by registered mail and addressed as follows:
FA -City of Wylie
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1
To County: County of Dallas
Ms. Alberta L. Blair, P.E.
Director of Public Works
Dallas County Administration Building
411 Elm Street, Fourth Floor
Dallas County, Texas 75202-3389
To City: City of Wylie
Tim Porter, P.E., CFM
City Engineer
300 Country Club Road
Wylie, Texas 75098
Either party may change its address for notice by giving the other party notice thereof
IV. Assignment. This FA may not be assigned or transferred by either party without the prior
written consent of the other party.
V. Binding Agreement; Parties Bound. This FA has been duly executed and delivered by both
parties and constitutes a legal, valid and binding obligation of the parties, their successors and
permitted assigns.
VI. Amendment. This FA may not be amended except in a written instrument specifically
referring to this FA and signed by the parties hereto.
VII. Number and Gender. Words of any gender used in this FA shall be held and construed to
include any other gender and words in the singular shall include the plural and vice versa, unless
the context clearly requires otherwise.
VIII. Effective Date. This FA shall commence on the Effective Date. The Effective Date of this FA
shall be the date it is executed by the last of the parties. Reference to the date of execution shall
mean the Effective Date.
IX. Counterparts. This FA may be executed in multiple counterparts, each of which shall be
deemed an original, but all of which shall constitute one and the same instrument.
X. Severability. If one or more of the provisions in this FA shall for any reason be held to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability
shall not cause this FA to be invalid, illegal or unenforceable, but this FA shall be construed as if
such provision had never been contained herein, and shall not affect the remaining provisions of
this FA, which shall remain in full force and effect.
XI. Entire Agreement. This FA embodies the complete agreement of the parties, supersed-es all
oral or written previous and contemporary agreements between the parties and relating to matters
in the FA.
XII. Contingent. This Agreement is expressly subject to and contingent upon formal approval by
the Dallas County Commissioners Court and by resolution of the City Council.
The City of Wylie, State of Texas, has executed this agreement pursuant to duly authorized
City Council Resolution , Minutes , dated the day of , 2017.
The County of Dallas, State of Texas, has executed this agreement pursuant to
Commissioners Court Order Number and passed on the day of , 2017.
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City of Wylie County of Dallas
By
Title
Date
Attest:
City Secretary\Attorney
Clay Lewis Jenkins
County Judge
Date
Approved as to Form*:
Faith Johnson
District Attorney
By:
Jana Prigmore Ferguson
Assistant District Attorney
*By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or
approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal
perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this
approval, and should seek review and approval by their own respective attorney(s).
FA -City of Wylie
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"4111 Wylie Uninc.
City Limit Boundary
UNINCORPOR TEiD
Sachse/Wylie
City Limit Boundary
Sachse/Garland
City Limit Boundary
S
City Limit Boundary
Garland Rowlett
City Limit Boundary
City Limit Boundary
WLETT
H: 0' 1000' 2000'
Attachment "A"
Project Location Map
WY IE
UNINCORPORATED
--- CITY BOUNDARY
MUDDY CREEK BRIDGE
MCIP 28202
Country Club Drive to
the Dallas County Line