Resolution 2020-24RESOLUTION NO. 2020-24(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: ROADWAY
STRIPING FOR TYPE "E" ROADWAY --- MADE PURSUANT TO
DALLAS COUNTY 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: Roadway Striping for Type "E" Roadway Made Pursuant to Dallas County 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 28th day of April, 2020.
ERIC HOGUE
ATTEST TO:
STEPHANIE STORM, City Secret
Resolution No. 2020-24(R)
Project Specific Agreement w/Dallas County
Re: Striping of Type "E" Roadway
EXHIBIT "A"
Project Specific Agreement
Resolution No. 2020-24(R)
Project Specific Agreement w/Dallas County
Re: Striping of Type "E" Roadway
PROJECT SPECIFIC AGREEMENT RE: ROADWAY STRIPING FOR
TYPE "E" ROADWAY-- MADE PURSUANT TO DALLAS COUNTY'S
MASTER ROAD & BRIDGE INTERLOCAL MAINTENANCE
AGREEMENT BETWEEN DALLAS COUNTY 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;
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 Type "E" roadways, situated within the territorial limits and
jurisdiction of City, such maintenance to be fully funded and paid for at City's cost and expense; and
WHEREAS, City now desires County to perform such maintenance and repairs, consisting
of striping 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 I
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.
2020 Wylie Striping PSA Type E roads 1
Article II
Incorporated Documents
This PSA incorporates, as if fully reproduced herein word for word and number for number,
the following items:
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.
3. Wylie's Road List of Type "E" Roadways (Attachment `B"), which is attached hereto
and incorporated herein by reference.
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
Project Description
This PSA is entered into by the parties for repair, maintenance, and improvements conducted
Type "E" 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 the 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
2020 Wylie Striping PSA Type E roads 2
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.
Article VI
Agreements
City'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; (b) acquiring any right-of-way necessary to complete the
Project under consideration; (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 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.
4. City shall be in compliance with the Manual on Uniform Traffic Control Devices
("MUTCD") standards in ensuring safety during re -striping operations as outlined in
the scope of work.
II. County Responsibilities:
1. County shall be responsible for performing all transportation -related maintenance and
repair services contemplated hereunder, specifically, roadway striping activity, as
more fully set forth in Attachments "A" and "B" in a good and workmanlike manner.
III. Funding:
County and City mutually agree that City shall be responsible to pay One Hundred Percent
(100%) of the costs and expenses necessary to carry out and to perform the Type "E"
roadwork in the amount of $4,673.00. City shall only be liable and responsible for the
amounts set forth in this PSA, and any properly executed amendments and/or supplements
hereto, and
1. Should unforeseen and unforeseeable circumstances arise which adversely and
materially impact the costs and expenses necessary to complete the Project as
contemplated, County and City shall renegotiate the terms hereof, taking into proper
2020 Wylie Striping PSA Type E roads 3
account then -current conditions and estimated total costs to complete the Project.
2. Once approved by the 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, $4,673.00, 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.
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 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:
Tim Porter, PE, CFM
Public Works Director
City of Wylie
949 Hensley Lane #300
and
Commissioner J.J. Koch
Road & Bridge District #2
411 Elm Street, Second Floor
Dallas, Texas 75202
2020 Wylie Striping PSA Type E roads 4
Wylie, Texas 75098
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 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. 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.
XII. Effective Date. The PSA shall commence on the Effective Date. The Effective Date of this PSA
shall be the date it is executed by the last of the parties. Reference to the date of execution shall
mean the Effective Date.
XIII. No Joint Enterprise/Venture. The parties agree that no party is an agent, servant, or employee of
the other parties. The parties, including their agents, servants, or employees, are independent
contractors, and not an agent, servant, joint enterprise/venture, or employee of any other party, and
are responsible for their own acts, forbearance, negligence, and deeds, and for those of their agents,
servants, or employees in conjunction with this PSA. No joint enterprise/venture exists between the
parties.
The City of Wylie, State of Texas, has executed this PSA pursuant to duly authorized City
Council Resolution , Minutes , dated the day of
2020.
The County of Dallas, State of Texas, has executed this PSA pursuant to Commissioners Court
Order Number and passed on the day of , 2020.
2020 Wylie Striping PSA Type E roads 5
Executed this the 28th day of
April, 2020.
Executed this the day of
, 2020.
CITY OF WYLIE: COUNTY OF DALLAS:
ERIC HOGUE, MAYOR CLAY LEWIS JENKINS
ATTEST:
STEPHANIE STORM, CITY SECRETARY
COUNTY JUDGE
APPROVED AS TO FORM:
DALLAS COUNTY
JOHN CREUZOT
DISTRICT ATTORNEY
Jana Prigmore Ferguso
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).
2020 Wylie Striping PSA Type E roads
ATTACHMENT A
2020 TYPE E PAVEMENT MARKING ESTIMATE
Date:
Requested By:
City:
City Share:
Court Order / IJ:
MAPSCO:
February 4, 2020
Tim Porter
Wylie
100%
Varies
Roadway:
Road No.:
Type:
Lanes:
Begin:
End:
Roadway Length:
Pre -Marking Length:
One-way travel time to Project:
E
2
Varies
Varies
Mile
Hours
ESTIMATE:
Actual:
MATERIALS:
Yellow Paint Gal
White Paint Gal
Beads LBS
Other Cans
TOTAL MATERIALS:
LABOR
Direct Labor:
Hour
Pre -Marking
Crew persons
Administrative
Subtotal Direct Labor
Indirect Labor:
Indirect Costs
TOTAL LABOR:
EQUIPMENT:
HRS
Survey Truck
Striper
Pickup
TOTAL EQUIPMENT:
MARKING LENGTH (Miles)
BROKEN
YELLOW
0.0
EST.
QUANT.
32.00
32.00
512.00
0.00
Estimate Hours
5.00
10.00
2.00
Estimate Hours
6.00
10.00
10.00
TOTAL COST:
SOLID
YELLOW
1.9
Actual
QUANT.,
0.00
0.00
0.00
0.00
Actual Hours
0.00
0.00
0.00
BROKEN
WHITE
0.0
UNIT
PRICE
$12.80
$11.48
$0.66
0.00
Hourly Rate IFRI
$121.17
$121.17
$139.78
Note: (FR) - with Fringes
% of Actual Salaries:
14.96
Value calculated by Office of Budget and Evaluation
Actual Hours
0.00
0.00
0.00
Hourly Rate
$19.00
$81.70
$23.40
3G`Or'GOs>:'
SOLID
WHITE
1.9
EST.
COST
$410.00
$367.00
$338.00
$0.00
$1,115.00
ACTUAL
COST
$0.00
$0.00
$0.00
$0.00
$0.00
Estimate Cost: ACTUAL Cost
$606.00 $0.00
$1,212.00 $0.00
$280.00 $0.00
$2,098.00
$314.00
$2,412.00
Lqgt
Estimate
$95.00
S817.00
$234.00
$1,146.00
$4,673.00
$0.00
$0.00
$0.00
C t
ACTUAL
$0.00
$0.00
$0.00
$0.00
$0.00
ICOST TO CITY
COUNTY COST
I hereby certify that all Work
depicted herein is complete effective
the date stated above.
Stanley Brewer
TRANSP FIELD SUPERVISOR
100%
o%
$4,673.00
$0.00
$0.00 I
$0.00
Road List
City/Town:
ATTACHMENT B
Wylie 12-27-2019
Street
From
To
Type E (City pays 100%)
1
Pleasant Valley Rd
Dallas County Line
Elm Grove Rd/Muddy Creek Bridge
2
Vinson Rd
County Line Rd
Cottonwood Creek
3
County Line Rd
Vinson Rd
Dallas County Line
4
0
0
0
5
0
0
0
6
0
0
0
7
0
0
0
8
0
0
0
9
0
0
0
10
0
0
0
11
0
0
0
12
0
0
0
13
0
0
0
14
0
0
0
15
0
0
0
16
0
0
0
17
0
0
0
18
0
0
0
19
0
0
0
20
0
0
0
21
0
0
0