Resolution 2018-14L
RESOLUTION NO. 2018-14(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, HEREBY AUTHORIZING THE MAYOR TO EXECUTE A
PROJECT SPECIFIC AGREEMENT FOR STRIPING RE: VARIOUS
ROADS, "TYPE B" PUBLIC ROADWAY --- MADE PURSUANT TO
MASTER ROAD & BRIDGE INTERLOCAL MAINTENANCE
AGREEMENT BETWEEN DALLAS COUNTY, TEXAS AND THE 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 for
striping RE: Various Roads, "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 March, 2018.
ATTEST TO:
o VIM (a�VW �L ` SAK'IA rE RA/LWq I'
STEP IE STORM, City Secretary S1..r1E8F xA%
Resolution No 2018-14(R)
Project Specific Agreement w/Dallas County
Re. Striping of Various Roads
EXHIBIT "A"
Project Specific Agreement
Resolution No. 2018-14(R)
Project Specific Agreement w/Dallas County
Re: Striping of Various Roads
PROJECT SPECIFIC AGREEMENT
RE: VARIOUS ROADS, "TYPE B" PUBLIC ROADWAY MADE
PURSUANT TO ROAD & BRIDGE MASTER INTERLOCAL
AGREEMENT BETWEEN DALLAS COUNTY, TEXAS AND THE 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 on enumerated public roadway within the territorial limits and jurisdiction of the City of
Wylie, Texas, as more fully set forth and described in Attachments "A" and "B," which are attached
hereto and 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 (hereinafter "Master Agreement"), whereby County agreed to provide road and
bridge maintenance and repair on certain duly qualified "Type B" roadways situated within the
territorial limits and jurisdiction of City, and
WHEREAS, City now desires County to perform such maintenance and repairs, consisting
of striping of public roadway situated in the City of Wylie, Texas, as more fully described in
Attachments "A" and "B."
NOW THEREFORE THIS PSA is made by and entered into by County and City, for the
mutual consideration stated herein.
Witnesseth
Article 1
Project Specific Agreement
This PSA is specifically intended to identify a Project authorized under the Master
Agreement, changes in the rights and responsibilities of each of the parties as set forth in the Master
Agreement and additions thereto as incorporated herein. This PSA will be an addition to the Master
Agreement and incorporates each term and condition thereof as if fully set forth 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 11
Incorporated Documents
This PSA incorporates, as i f fully reproduced herein word for word and number for number,
the following items:
2018 Wylie R&B Striping I'SA — "Type EV Roads
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1. Master Agreement authorized by County Commissioners Court Order 2017-1683
dated December 19, 2017, and additions thereto as incorporated herein by reference;
2. The Construction Estimate (Attachment "A"), which is attached hereto and
incorporated herein by reference; and
3. City of Wylie Road "Type B" Striping 2018 List (Attachment "B"), which is attached
hereto and incorporated herein by reference.
Article ID
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
Project Description
This PSA is entered into by the parties for repair, maintenance and improvements conducted
on "Type B" public roadway within the City of Wylie, Texas. The Project shall consist of striping on
various streets 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 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 of Dallas as regards 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
2018 Wylie R&13 Striping PSA - -Type R" Roads
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Chapter 791, 'Texas Government Code.
Article VI
Agreements
Citv's Responsibilities:
1. City, at its own expense, shall be responsible for the following: (a) posting
appropriate and required notices to inform the public of the proposed maintenance or
construction activity regarding the Project; (b) acquiring any right-of-way necessary
to complete 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 the execution and completion of the Project; (e)
remediating any hazardous or regulated materials, or other environmental hazard on
or near the Project site; and (f) 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.
2. City agrees to accomplish these functions in a timely and efficient manner to ensure
that such activities will not delay the County's timely performance of its activities.
3. City shall be responsible for maintaining the Project site once the Project is
completed.
11. County Responsibilities:
1. County shall be responsible for performing all transportation -related maintenance
services contemplated hereunder, specifically, roadway striping activity, as more
fully set forth in Attachments "A" and "B" in a good and workmanlike manner.
1I1. Funding:
County and City mutually agree that the initial and anticipated total Project cost is
$3,002.00, as set forth in Attachment '`A." County and City mutually agree that the City
shall be responsible to pay a total of $1,501.00 for its portion of the "Type B" roadwork.
County shall contribute the remaining amount of the "Type B" costs, in-kind, in the form of
labor and equipment in an amount not to exceed $1,501.00. In no event shall County's in-
kind contribution exceed Fifty Percent (50%) of the initial and anticipated total Project cost
for the "Type B" roadwork.
i. Should the final cost of the Project exceed the initial and anticipated Project costs,
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. Once approved by County, and before commencement of
the Project by County, City shall segregate, set aside and place into an escrow
account with the Dallas County Treasurer, One Thousand, Five Hundred One Dollars
and Zero Cents ($1,501.00), representing the full amount to be paid to County either
through monthly invoicing or upon completion of the Project, if the Project is
completed in less than one month.
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Article VII
Miscellaneous:
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 PSA, without
waiving any governmental or sovereign immunity available to the 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. "I'he 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 of Wylie
Mike Sferra
Director of Public Works
300 Country Club Road
Wylie, TX 75098
and
Commissioner John Wiley Price
Road & Bridge District #3
411 Elm Street. Second Floor
Dallas, Texas 75202
V. Assignment. This PSA may 1101 be assigned or transferred by either party without the prior
written consent of the other party.
2018 Wylie R&13 Striping PSA - "type R" Roads
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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 permitted 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. Severabilitv. 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 , Minutes , dated the day of
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.
The remainder of this page was intentionally left blank
2018 Wylie R&C13 Striping PSA -- '"Type 13" Roads 1
Executed this the day of
Executed this the day of
, 2018. , 2018.
CITY OF WYLIE: COUNTY OF DALLAS:
MAYOR CLAY LEWIS JENKINS
COUNTY JUDGE
ATTEST: APPROVED AS TO FORM:*
FAITH JOHNSON
DISTRICT A'T'TORNEY
CITY SECRETARY
Jana Prigmore Ferguson
Assistant District Attorney
'By law, the District Attorneys 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).
20I8 Wylie R&B Striping PSA - Type 13" Roads
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2/21/2018 ATTACHMENT A
2018 TYPE B PAVEMENT MARKING ESTIMATE
Date:
Requested By:
City:
City Share:
Court Order I IJ:
MAPSCO:
ESTIMATE:
Actual:
MATERIALS:
Yellow Paint
White Paint
Beads LBS
Other Cans
February 7, 2018
MIKE SFerra
WYLIE
50%
Varies
BROKEN I I
YELLOW
0.0I
0.0II
EST.
QUANT.
TOTAL MATERIALS:
44.00
44.00
704.00
0.00
LABOR
Direct Labor:
Hour Estimate Hours
Pre -Marking
Crew persons
Administrative
Subtotal Direct Labor
Indirect Labor:
Indirect Costs
TOTAL LABOR:
EQUIPMENT:
HRS
Survey Truck
Striper
Pickup
0.00
10.00
2.00
Estimate Hours
0.00
10.00
10.00
TOTAL EQUIPMENT:
TOTAL COST:
COST TO CITY
COUNTY COST
I hereby certify that all York
depicted herein is complete effective
the date stated above.
Stanley Brewer
TRANS!'Ulm HELD SUPERVISOR
2018 STRIPING WYLIE TYPE 8 Attachment A
Roadway:
Sache Rd,
Vinson Rd
Type:
Lanes:
Begin:
End:
Roadway Length:
Pre -Marking Length:
One-way travel time to Project:
MARKING LENGTH (Miles)
SOLID 1I
YELLOW
2.60.0 I
Actual
QUANT.
0.00
0.00
0.00
0.00
Actual Hours
0.00
0.00
0.00
BROKEN
WHITE
0.0
0.0
UNIT
PRICE
51037
59 91
3060
0.00
Hourly Rate (FRI
$95.15
$95.15
$123.31
Note: (FR) - with Fnnges
Pleasant Valley
County Line RD
B
2
Varies
Varies
Mile
Hours
SOLID
WHITE
2.6
0.0
EST. ACTUAL
COST COST
S456.00 $0.00
S436.00 $0.00
$422.00 50.00
$0.00 $0.00
$1,314.00 30.00
Estimate Cost ACTUAL Cost
50.00 $0.00
$952.00 $0.00
$247.00 $0.00
% of Actual Salaries:
14.96
Value calculated by Office of Budget and Evaluation
Actual Hours
0.00
0.00
0.00
Hourly Rate
$15 00
526.00
55 00
% of Cost
50%
50%
$1,199.00
$179.00
$1,378.00
Cost
Estimate
$0.00
$260.00
550.00
$310.00
53, 002.00
51,501.00
$1,501.00
$0.00
50.00
so.00
Cost
ACTUAL
$0.00
$0.00
$0.00
$0.00
$o.00
$0.00 I
$0.00
ATTACHMENT B
City of Wylie Road Type B
STRIPING 2018
TYPE B
SACHSE RD
DALLAS C/L to MUDDY CREEK
PLEASANT VALLEY RD
DALLAS CIL to ELM GROVE RD
VINSON RD
DALLAS C/L to WYLIE C/L
COUNTY LINE RD
DALLAS C/L to DALLAS C/L ROCKWALL