Resolution 2008-42 RESOLUTION NO. 2008-42(R)
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY ~F
WYLIE, TEXAS, HEREBY AUTHORIZING THE C~'TY
MANAGER OF THE CITY OF WYLIE, TEXAS, TO E~EC'~1'I'E
THE INTERLOCAL AGREEMENT BETWEFN C(?~.L,I1~1 C~UNTTY
AND THE CITY OF WYLIE ~'vNCER14I1~1G TI~E
CONSTRUCTION OF MCMILLEN ROA.D Fla~~~ EAS'~" OF
MCCREARY ROAD TO FM 1378.
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 Collin County and the City of Wylie concerning the construction of McMillen Road
from East of McCreary Road to FM 1378.
SECTION 2: This Resolution shall take effect immediately upon its passage.
DULY PASSED AND APPROVED by the City Council of the City of ~Vylie, Texas
this 23`d day of September, 2008.
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J
ERIC HOGUE,
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ATTEST TO: ` ~ ' R
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CAROLE EHR ICH, City Secretary ~ E f T~~
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Resolution No. 2008-42(R)
Interlocal Agreement with Collin County
McMillen Road from East of McCreary to FM 1378
EXHIBIT "A"
Interlocal Agreement
Resolution No. 2008-42(R)
Interlocal Agreement with Collin County
McMillen Road from East of McCreary to FM 1378
INTERLOCAL AGREEMENT
BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE
FOR CONSTRUCTION OF McMILLEN ROAD FROM EAST OF MCCREARY
RD TO FM 1378 BOND PROJECT # 07-091 (2008 FUNDING)
WHEREAS, the County of Collin, Texas ("Countv") and the City of Wylie, Texas
("City") desire to enter into an agreement concerning the construction of McMillen Road
and other improvements from east of McCreary Road to FM 1378 in Collin County,
Texas; and
WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791)
authorizes 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, the City and County have determined that the improvements may be
constructed most economically by implementing this Agreement.
NOW, THEREFORE, this Agreement is made and entered into by the County and the
City upon and for the mutual consideration stated herein, the receipt and sufficiency of
which is hereby acknowledged.
WITNESSETH:
ARTICLE I.
The City shall arrange to construct improvements to McMillen Road, hereinafter
called (the "Project"). The Project shall consist of constructing a 4-lane divided concrete
roadway, a distance of approximately 6,000 feet. The improvements shall also include
construction of underground storm sewers as part of the road improvements. All
improvements shall be designed to meet or exceed the current Collin County design
standards and shall be constructed in accordance with the plans and specifications
approved by the City.
ARTICLE II.
The City shall acquire all necessary right-of-way for the Project. The City shall
prepare plans and specifications for the improvements, accept bids and award a contract
to construct the improvements and administer the construction contract. In all such
activities, the City shall comply with all state statutory requirements. The City shall
provide the County with a copy of the executed construction contract(s) for the Project.
ARTICLE III.
The City estimates the total cost of the Project to be $8,298,750, which shall
include land acquisition, engineering, construction, inspection, testing, street lighting, and
construction administration costs including contingencies. The total amount of Funds
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remitted by the County during 2008 shall not exceed $500,000. The Payment Schedule is
as follows:
(a) Within thirty (30) days after the City (1) executes a Professional Service
Agreement for the design of the Project and (2) requests payment from the
County, the County shall remit a portion of the Funds to the City to cover those
engineering costs required under the Professional Service Agreement.
(b) Within thirty (30) days after all of the following have occurred, the County shall
remit to the City fifty percent (50%) of the Funds not already disbursed for
engineering costs under (a).
(1) the City issues a notice to the lowest responsible bidder to start
construction of the Project;
(2) the City requests payment from the County; and
(3) County bond money is available.
(c) Within thirty (30) days after the City issues a notice that the Project is fifty
percent (50%) complete and requests payment from the County, the County shall
remit the remaining Funds not already disbursed under this Agreement.
(d) At the completion of the Project, the City shall provide a final accounting of
expenditures for the Project. If the actual cost of the Project is less than the
estimated cost of $8,298,750, the City shall reimburse the County so that the
County will have only paid fifty percent (50%) of the actual cost of the Project.
(e) The Commissioners Court may revise this payment schedule based on the
progress of the Project.
ARTICLE IV.
The City 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 V.
The City and County agree that the party paying for the performance of
governmental functions or services shall make those payments only from current
revenues legally available to the paying party.
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ARTICLE VI.
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 AGREEMENT.
ARTICLE VII.
VENUE. The laws of the State of Texas shall govern the interpretation, validity,
performance and enforcement of this Agreement. The parties agree that this Agreement
is performable in Collin County, Texas and that exclusive venue shall lie in Collin
~ County, Texas.
ARTICLE VIII.
SEVERABILITY The provisions of this Agreement are severable. If any
paragraph, section, subdivision, sentence, clause, or phrase of this Agreement 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
agreement shall be enforced as if the invalid provision had never been included.
ARTICLE IX.
ENTIRE AGREEMENT This Agreement embodies the entire agreement
between the parties and may only be modified in a writing executed by both parties. This
Agreement supersedes all prior negotiations, representations and/or agreements, either
written or oral.
ARTICLE X.
SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the
parties hereto, their successors, heirs, personal representatives and assigns. Neither party
will assign or transfer an interest in this Agreement without the written consent of the
other party.
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ARTICLE XI.
IMMIINITY. It is expressly understood and agreed that, in the execution of this
Agreement, neither party waives, 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 Agreement, the
parties do not create any obligations, express or implied, other that those set forth herein,
and this Agreement shall not create any rights in parties not signatories hereto.
ARTICLE XII.
TERM. This Agreement shall be effective upon execution by both parties and
shall continue in effect annually until final acceptance of the Project. This Agreement
shall automatically renew annually during this period.
APPROVED AS TO FORM: COUNTY OF COLLIN, TEXAS
By: By:
Name: Name:
Title: Title: County Judge
Date: Date:
Executed on this day of ,
200_, by the County of Collin,
pursuant to Commissioners' Court
Order No.
ATTEST: CITY OF WYLIE, TEXAS
By: By.
Name: Carole Ehrlich Name: Mindy Manson
Title: City Secretary Title: City Manager
Date: Date:
Executed on behalf of the City of
Wylie pursuant to City Council
Resolution No.
APPROVED AS TO FORM:
By:
w~„, Name:
Title: City Attorney
Date:
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