Resolution 2018-08RESOLUTION NO. 2018-08(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, HEREBY AUTHORIZING THE MAYOR OF THE CITY OF
WYLIE, TEXAS, TO EXECUTE A PROJECT SPECIFIC AGREEMENT
RE: PLEASANT VALLEY ROAD, "TYPE B" PUBLIC ROADWAY—
MADE PURSUANT TO MASTER ROAD & BRIDGE INTERLOCAL
MAINTENANCE AGREEMENT BETWEEN DALLAS COUNTY, TEXAS
AND CITY OF WYLIE, TEXAS.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE. TEXAS:
SECTION 1: The Mayor of the City of WYLIE, Texas, is hereby authorized to execute,
on behalf of the City Council of the City of WYLIE, Texas, a Project Specific Agreement RE:
Pleasant Valley Road, "Type B" Public Roadway—Made Pursuant To Master Road & Bridge
Interlocal Maintenance Agreement Between Dallas County, Texas and City of Wylie, Texas.
(Exhibit A)
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 13th day of February, 2018.
ATTEST TO:
0ALqp384k,
STEP ANIE STORM, City Secretary
Resolution No. 2018-08(R)
Project Specific Agreement — Pleasant Valley Rd.
EXHIBIT "A"
Project Specific Agreement
Resolution No. 2018-08(R)
Project Specific Agreement — Pleasant Valley Rd.
PROJECT SPECIFIC AGREEMENT
RE: PLEASANT VALLEY ROAD, "TYPE B" PUBLIC ROADWAY --
MADE PURSUANT TO MASTER ROAD & BRIDGE INTERLOCAL
MAINTENANCE AGREEMENT BETWEEN DALLAS COUNTY, TEXAS
AND CITY OF WYLIE, TEXAS
This Project Specific Agreement, (hereinafter "PSA"), supplemental to the Master Interlocal
Agreement, is made by and between Dallas County, Texas (hereinafter "County") and the City of
Wylie, Texas (hereinafter "City"), acting by and through their duly authorized representatives and
officials, for the purpose of transportation -related maintenance, repairs and improvements to be
undertaken in certain designated blocks of enumerated public roadway as more fully set forth and
described in Attachments "A" and "B," incorporated herein by reference ("Project").
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 amongst
themselves for the performance of governmental functions and services; and
WHEREAS, on or about December 19, 2017, County and City entered into a Master
Interlocal Agreement ("Agreement"), whereby County agreed to provide partial funding for such
duly qualified "Type B" road and bridge maintenance projects, said projects situated within the
territorial limits and jurisdiction of City, and
WHEREAS, City now desires County to provide partial funding for such a duly qualified
project consisting of maintenance, repairs and improvements of designated blocks of enumerated
public roadway situated in the City of Wylie, Texas, as more fully described in Attachment "A."
NOW THEREFORE THIS PSA is made by and entered into by County and City, for the
mutual consideration stated herein.
Witnesseth
Article I
Project Specific A2reement
This PSA is specifically intended to identify a Project authorized under the Master
Agreement. This document sets forth the rights and responsibilities pertaining to each party hereto,
and is additional and supplemental to the Master Agreement, and all amendments and supplements
thereto, which are incorporated herein. 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 PSA, this PSA shall control.
Article II
Incorporated Documents
This PSA incorporates, as if fully reproduced herein word for word and number for number,
the following items:
1. Master Interlocal Agreement authorized by County Commissioners Court Order.
2017-1683 dated December 31, 2017, and additions thereto as incorporated herein,
2. The Construction Estimate (Attachment "A"), and
PSA- City of Wylie - Pleasant Valley Road FY2018 ("Type B") (February 2018)
3. Map/Diagram of the Proposed Work Site (Attachment "B").
Article III
Term of Agreement
This PSA becomes effective when signed by the last party whose signature makes the
agreement fully executed and shall terminate upon the completion and acceptance of the Project by
City or upon the terms and conditions in the Master Agreement.
Article IV
Proiect Description
This PSA is entered into by the parties for purpose of jointly identifying and funding repair,
maintenance and improvements on duly qualified "Type B" public roadway within the City of Wylie,
Texas. The Project shall consist of asphalt overlay of Pleasant Valley Road from the Collin
County/Dallas County line to Elm Grove Road in the City of Wylie, Texas, (hereinafter "Project"),
and as more fully described in Attachments "A" and "B." The Project is authorized by the
aforementioned Master Interlocal Agreement, with the parties' obligations and responsibilities
governed thereby, as well as by the terms and provisions of this PSA. The Project will facilitate the
safe and orderly movement of public transportation to benefit both the City and County. The City
has and hereby does give its approval for expenditure of County funds for the construction,
improvement, maintenance, or repair of a street located within the municipality.
Article V
Fiscal Funding
Notwithstanding anything to the contrary herein, this PSA 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 regarding this PSA, specifically including any funding by County
of the Project in the event that the County is unable to fulfill its obligations under this PSA as a result
of the lack of sufficient funding for any item or obligation from any source utilized to fund this PSA
or failure of any funding party to budget or authorize funding for this PSA 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
PSA. 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 PSA is expressly contingent upon the
availability of City funding for each item and obligation contained herein. County shall have no
right of action against the City as regards this PSA, specifically including any funding by City of the
Project in the event that the City is unable to fulfill its obligations under this PSA as a result of the
lack of sufficient funding for any item or obligation from any source utilized to fund this PSA or
failure of any funding party to budget or authorize funding for this PSA during the current or future
fiscal years. In the event of insufficient funding, or if funds become unavailable in whole or part, the
City, at its sole discretion, may provide funds from a separate source or terminate this PSA. In the
event that payments or expenditures are made, they shall be made from current funds as required by
Chapter 791, Texas Government Code.
PSA- City of Wylie — Pleasant Valley Road FY2018 ("Type B") (February 2018)
2
Article VI
Agreements
City's Responsibilities:
1. City, at its own expense, shall be responsible for the following: (a) managing
construction of the Project; (b) informing the public of the proposed maintenance,
repairs or improvements of the Project; (c) locating all manholes, water valves, and
other utilities within the Project, (d) making or causing to be made all utility
relocations or adjustments necessary for execution and completion of the Project; (e)
acquiring any right-of-way necessary to complete the Project; (f) remediating any
hazardous or regulated material, or other environmental hazard in the Project
location, (g) receiving and processing all payments due contractors City hires to work
on the Project; (h) contracting through formal bidding procedures to acquire the
services of contractors; (i) where necessary, providing appropriate traffic control
support, including but not limited to flagging, cones, barricades, shadow vehicles,
arrow boards, signage, police presence, etc., to enable the Project to be completed in
a timely and safe manner; and (j) funding the purchase of all materials necessary to
perform the Project construction.
2. City shall further be responsible for all maintenance when the Project is completed.
11. County Responsibilities:
1. County shall reimburse City for proportionate Project costs, as more fully set forth in
Section III below.
2. County, its Auditor or its designated representative(s) shall have the unrestricted right
to audit any and all accounting or other records regarding any funds paid or claimed
under this agreement, including, but not limited to all books, records, reports, tickets,
deposits, expenditures, budget or any item therein, supporting data, computer records
and programs, and all items of hardware, software or firmware, or any other item
utilized by the City regarding this agreement. City agrees that all related records
shall be retained for a period of time not less than four (4) years from the date of the
termination of this Agreement. Such records shall be provided to the County in
Dallas County, Texas and available for any audit at any time upon request. The
results of any audit may be furnished to City for comment.
III. Fundina:
County and City mutually agree that the initial and anticipated Project cost is approximately
$204,137.00 as set forth in Attachment "A." The parties hereto further agree that City shall
be totally responsible for the construction and maintenance of said Project, and that County
shall only be responsible to City for a contribution, in the form of reimbursements, of
$102,068.50, which amount shall not exceed Fifty Percent (50%) of the initial and
anticipated Project cost.
1. Should the final cost of the Project exceed the initial and anticipated Project costs,
PSA- City of Wylie — Pleasant Valley Road FY20I8 ("Type B") (February 2018)
3
City agrees to either reduce the scope of the Project, or to seek additional funding to
facilitate its completion. In either event, City shall be solely responsible for all such
costs in excess thereof, and County shall bear no additional responsibilities beyond
those contemplated herein.
2. City shall submit invoices to County, which invoices shall provide complete
information and documentation to substantiate City's charges. County's acceptances
of City's invoices are contingent upon City's compliance with County's invoicing
procedures. County may withhold any disputed amounts until such time as the
underlying dispute is resolved to County's satisfaction, but shall pay all undisputed
amounts timely.
Article VII
Miscellaneous:
I. Indemnification. County and City agree that each shall be responsible for its own negligent
acts or omissions or other tortious conduct in the course of performance of this Agreement,
without waiving any governmental immunity available to County or City or their respective
officials, officers, employees, or agents under Texas or other law and without waiving any
available defenses under Texas or other law. Nothing in this paragraph shall be construed to
create or grant any rights, contractual or otherwise, in or to any third persons or entities.
II. No Third Party Beneficiaries. The terms and provisions of this PSA are for the benefit of the
parties hereto and not for the benefit of any third party. It is the express intention of County and City
that any entity other than County or City receiving services or benefits under this PSA shall be
deemed an incidental beneficiary only. This PSA is intended only to set forth the contractual right
and responsibilities of the parties hereto.
III. Applicable Law. This PSA is and shall be expressly subject to the County's and City's
Sovereign Immunity and/or Governmental Immunity, pursuant to Title 5 of the Texas Civil Practice
and Remedies Code, as amended, and all applicable federal and state laws. This PSA shall be
governed by and construed in accordance with the laws of the State of Texas. Exclusive venue for
any legal action regarding this PSA shall lie in Dallas County, Texas.
IV. Notice. All notices, requests, demands, and other communication under this PSA shall be
tendered in writing and shall be deemed to have been duly given when either delivered in person, via
e-mail, or via certified mail, postage prepaid, return receipt requested to the respective parties as
follows:
COUNTY:
Director of Public Works
Dallas County
411 Elm Street, Suite 400
Dallas, Texas 75202
CITY:
City Manager
City of Wylie
300 Country Club Road, Bldg. 100
Wylie, Texas 75098
and
PSA- City of Wylie — Pleasant Valley Road FY2018 ("Type B") (February 2018)
Commissioner Mike Cantrell
Road & Bridge District #2
411 Elm Street, Second Floor
Dallas, Texas 75202
4
ATTACHMENT A
CITY OF WYLtE
Pleasant Valley
TOTAL
UNIT PRICE TOTAL COMPLETED
1 ! AC D 1�1t_than 16700(00. TONS �D74.60 *UM% to Mel.006.W l
7 HMACRI! b 666 �� i50.03
7 lt. t5 D ilelv.,ssd Wsin ggt9fJ T • � 1?.I;O -
i 1SIAb ttR! 2 "�"`�'�" mon• than Mrs 74.&1 -
6 I- A typo c O.�vi nd 50o to 14I iar 76.511 -
6 Ral/�Lt ? r)(! -e C s ai.1 460 Ion. ELsa -
Geis—
t it t)ze e l eh�_ 16d6 Sns $ �3 is -
ii8 Hake » 6 uakzia to-- Mbt5ab ! 11'55sa
M 'to 6_bJv! .d ows Te lana to! t 61.0O9�
To Alagiot iMwsoo H d beyond am mat 10 from 1>An 5 14.40 5,11/11.00 73,1415.00
bidders plant Na nae 1-e Pr Ton Par MM PER TON
**NOTE: 50.60 per mss iii 24 masa •• MILE
11 Mow INcul tef u d.r Y410M EACH 5
13 iso oGpptinLrdti
14 _ � al..t EFcH 2
it
13 ass. IN t& - • 6- Alt i. IV' ram -BY
i6 Base liag&- Fi 8�.. G -s8 yet Tor4s
frY
ii fi • brie Eextorts aY.v sy
i5 S°L`.m.ii► lasat.nl3ia. $-r
�"ilq Dims V.�ma0 min ecv .69
Pte. M.I.rIN 61 le los cv C1?
S4Han Nnitfrilliartill &ea than so ay cc-
24
if
24�s a Additional Men �Y
X27 F�iaN7w_ Peirornatthen _ sD
ay
gagg 414#Tre
53 atmore Baas tiV
1.007A00�00
Watt -
7.10 3.070.66
621877.637.11/
16.�b i
rii62 -
a6 -So
766 -
8..5
551 -
TOTAL FOR PAGE $ 754,137.00
PSA- City of Wylie - Pleasant Valley Road FY2018 ("Type B") (February 2018)
7
ATTACHMENT B
Proposed Work from
Collin Dallas Count, Line
to Elm Grove Road
Map/Diagram of the Proposed Work Site
Attachment "B"
0 600 1,200 Feet
� I 1
1 inch = 1,200 feet
PSA- City of Wylie — Pleasant Valley Road FY2018 ("Type B") (February 2018)
Map Date: 1/11/2018
8
V. Assignment. This PSA may not be assigned or transferred by either party without the prior
written consent of the other party.
VI. Binding Agreement; Parties Bound. Upon execution by the parties, this PSA shall constitute a
legal, valid and binding obligation of the parties, their successors and peiuiitted assigns.
VII. Amendment. This PSA may not be amended except in a written instrument specifically referring
to this PSA and signed by the parties hereto.
VIII. Counterparts. This PSA 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.
IX. Severability. If one or more of the provisions in this PSA shall for any reason be held to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall
not cause this PSA to be invalid, illegal or unenforceable, but this PSA shall be construed as if such
provision had never been contained herein, and shall not affect the remaining provisions of this PSA,
which shall remain in full force and effect.
X. Entire Agreement. This PSA embodies the complete agreement of the parties, and except where
noted, it shall supersede previous and/or contemporary agreements, oral or written, between the
parties and relating to matters in the PSA.
XI. Contingent. This PSA is expressly subject to and contingent upon formal approval by the Dallas
County Commissioners Court and by resolution of the City Council of the City of Wylie.
The City of Wylie, State of Texas, has executed the Agreement pursuant to duly authorized City
Council Resolution No.2018-08(R), Minutes , dated the 13th day of February, 2018.
The County of Dallas, State of Texas, has executed this agreement pursuant to Commissioners Court
Order Number and passed on the day of , 2018.
Executed this the 13th day of Executed this the day of
February, 2018. , 2018.
CITY OF WYLIE: COUNTY OF DALLAS:
CLAY LEWIS JENKINS
MAYOR COUNTY JUDGE
PSA- City of Wylie — Pleasant Valley Road FY2018 ("Type B") (February 2018)
5
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:*
FAITH JOHNSON
DISTRICT ATTORNEY
ijL 1t/
Sherri Turner
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).
PSA- City of Wylie — Pleasant Valley Road FY2018 ("Type B") (February 2018)
6