2020-93 - RTOWN OF PROSPER, TEXAS
RESOLUTION NO. 2020-93
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, SUPPORTING COLLIN COUNTY'S CONTRACT AWARD FOR THE
CONSTRUCTION OF FRONTIER PARKWAY FROM THE DALLAS NORTH
TOLLWAY TO PRESTON ROAD (SH 289); AND REAFFIRMING THE TOWN'S
COST PARTICIPATION IN THE PROJECT PER THE TERMS OF THE 2018
INTERLOCAL AGREEMENT; MAKING FINDINGS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the County of Collin, Texas (the "County"), the Town of Prosper, Texas
("Prosper") and the City of Celina, Texas ("Celina"), entered into an Interlocal Agreement in 2018
concerning the design and construction of improvements to Frontier Parkway from the Dallas
North Tollway to Preston Road (SH 289) (the "Project") in the Town of Prosper and the City of
Celina, Collin County, Texas, attached hereto as Exhibit "A"; and
WHEREAS, the County, Prosper and Celina previously determined that the improvements
related to the Project would be designed and constructed most economically through Collin
County's administering the Project; and
WHEREAS, the County, Prosper and Celina previously committed to provide the funding
participation necessary for the Project; and
WHEREAS, the design of the Project is complete and Collin County has received bids for
the Project; and
WHEREAS, the County, Prosper and Celina have agreed to the selection of Mario
Sinacola & Sons Excavating, Inc., as the contractor that ranked the highest after consideration
of Costs, Time, and Qualifications; and
WHEREAS, the Town supports the County's proposed contract award to Mario Sinacola
& Sons Excavating, Inc.; and
WHEREAS, the Town reaffirms its commitment to provide the funding participation to the
Project per the terms of the 2018 Interlocal Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Resolution as if fully set
forth herein.
SECTION 2
The Town Council of the Town of Prosper, Texas, supports Collin County's contract award
for the construction of Frontier Parkway from the Dallas North Tollway to Preston Road (SH 289)
to Mario Sinacola & Sons Excavating, Inc.
SECTION 3
The Town Council hereby reaffirms its cost participation in the Project per the terms of the
2018 Interlocal Agreement.
SECTION 4
Any and all resolutions, rules, regulations, policies, or provisions in conflict with the
provisions of this Resolution are hereby repealed and rescinded to the extent of any conflict
herewith.
SECTION 5
This Resolution shall be effective from and after its passage by the Town Council.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 8TH DAY OF DECEMBER, 2020.
Ray Smithl Mayor
ATTEST:
Melissa Lee, Tow Secretary PR ,��' f
o
APPROVED AS TO FORM /AND LEGALITY:
Terrence S. Welch, Town Attorney 111 1 1 1'
Resolution No. 2020-93, Page 2
INTERLOCAL AGREEMENT
BETWEEN
COLLIN COUNTY, THE TOWN OF PROSPER AND THE CITY OF CELINA
CONCERNING THE DESIGN AND CONSTRUCTION OF
FRONTIER PARKWAY FROM THE DALLAS NORTH TOLLWAY TO PRESTON ROAD (SH 289)
WHEREAS, the County of Collin, Texas (the "Coup '), the Town of Prosper, Texas ("Prosper") and the City of
Celina, Texas ("Celina"), (Prosper and Celina herein sometimes collectively referred to as "The
Municipalities"), desire to enter into this agreement concerning the design and construction of
improvements to Frontier Parkway from the Dallas North Tollway to Preston Road (SH 289) (the
"Project") in the Town of Prosper and the City of Celina, 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 County, Prosper and Celina have determined that the improvements related to the Project may be
designed and constructed most economically by implementing this Interlocal Agreement (ILA) for
Collin County to administer the Project; and
WHEREAS, this ILA shall provide the terms and conditions of the funding participation of the three parties; and
WHEREAS, the parties hereto have investigated and determined that is in the best interest of each of their respective
jurisdictions to enter into this ILA.
NOW, THEREFORE, this ILA is made and entered into by and between the County, Prosper, and Celina upon and
for the mutual consideration stated herein, the receipt and sufficiency of which is hereby acknowledged:
WITNESSETH:
ARTICLE I.
The Project shall consist of widening Frontier Parkway from the Dallas North Tollway to Preston Road (SH 289) from
2 lanes to 4 lanes. More specifically, the roadway will be 4 lanes with a median that allows for future expansion to 6
lanes. The project includes a bridge over the Burlington Northern Santa Fe Railroad that will be approximately 555
feet long that will be wide enough for the full 6 lanes with 8-foot sidewalks on both sides. The drainage will generally
be curb inlets, storm sewer and culverts; however, there will be a large drainage channel on the south side of the
roadway between Frontier Park and the Dallas North Tollway. The Project will be administered by Collin County.
ARTICLE II.
Collin County estimated the total project cost to be $21,750,000 in March, 2017. An additional amount of $805,000
is added to this estimate to allow for escalation of construction prices until the end of 2018, for a total estimated
2018 project cost of $22,555,000. The County, Prosper and Celina shall share the costs as follows:
• Prosper shall be responsible for a payment to Collin County of $3,650,000 plus one-third of the difference
between the actual total project cost for the four -lane bridge alternate and $16,000,000.
• Collin County allocated $3,973,868 to Celina for this project. An initial transfer was made to Celina in the
amount of $477,404. Celina shall be responsible for a re -payment to Collin County of the portion of this
initial transfer which has not been already paid toward the project.
• Celina shall be responsible for a payment to Collin County of $4,350,000 in Regional Toll Revenue (RTR)
funds which were allocated to this project for the benefit of both municipalities but for which Celina
executed the contract with Texas Department of Transportation (TxDOT) for these funds.
• Celina shall be responsible for a payment to Collin County of one-third of the difference between the actual
total project cost for the four -lane bridge alternate and $16,000,000, except that Celina will also be
responsible for payment of the cost to design a six -lane bridge in addition to a four -lane bridge as well as
the full amount of the difference in construction cost between a six -lane bridge and a four -lane bridge as
determined by the difference between the base bid and alternate bid.
Resolution No. 2020-93, Page 3
• $4,000,000 in additional RTR funds have been made available to the project. Collin County will be
responsible for acquiring those funds for use on the project.
• The County shall also be responsible to provide one-third of the difference between the actual total project
cost for the four -lane bridge alternate and $16,000,000.
There may be additional features to the Project that will be solely for the benefit of Prosper and Celina, such as a
traffic signal warrant study at the high school, street lighting, median irrigation and sidewalks. The scope of these
features have not yet been defined. At such time as Prosper and Celina define the scope of these feature, they will be
incorporated into the design and an amendment to this agreement will be required. While those features will be
incorporated into the design and construction of the Project, the cost of those features will be shared by Prosper and
Celina according to the proportional value to each municipality. Prosper and Celina will be responsible to pay Collin
County the amounts determined to be owed by each party for the design and construction of these features.
ARTICLE III.
TIMING.
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i. Celina snau remit a4,350,0vv (ihe RT R lunus� Lo Couin County within 90 days of the execution of this
agreement.
2. Prosper shall remit $3,650,000 to Collin County within 90 days of the execution of this agreement.
3. Celina shall remit within 90 days of the execution of this agreement the amount of Collin County bond funds that
have been transferred to Celina but which have not been expended on this Project.
4. Celina shall remit within six months of the execution of this agreement the amount to design a six -lane bridge in
addition to a four -large bridge as agreed to by Celina and Collin County in a separate document based on a design
proposal from the design engineer.
5. After the determination of the final probable cost of construction by the design engineer, all three entities will
have the opportunity to review the estimated total project cost. If the estimated total project cost exceeds
$22,555,000 plus the amount agreed to for optional additional features referred to in Article it by more than tell
percent, then each entity will have the right to terminate its further participation in the project within 60 days of
not-1 ficati on CJl U1G 1111[ll pro U2lV lG GVJt of cons L1 Ufalorl, 11 V11G party te1111111ateJ 1tJ pCLl Lllilpatlorl, t11G Vt11G1 Lo e11t1t1eJ
have the right to terminate participation as well, or contribute equally to fund the difference. If Celina terminates its
further participation, the RTR funds from Celina and the Celina County bond funds will remain in the project fund
for contribution tnAunrde tha cnnetmrtinn of thathe nrniarYoject by the nthar tl n antitiae Tf Pr— —ospe. tormi tacate. ;toits f„rfl—
participation, the $3,650,000 from Prosper to remain in the project fund for contribution towards the construction of
the project by the other two entities. If the overpass is removed from the scope of the project, then Prosper is entitled
to reimbursement of the $3,650,000.
6. If the estimated total project cost does not exceed the amount defined in Paragraph 5 of this article the project will
be scheduled to be advertised for bidding within 120 days of notification of the final probable cost of construction to
all three parties.
7 If tine lowest ressponsible bid exceeds art amount that causes the total project cost to exceed the amount defined in
Paragraph 5 of this article by more than ten percent, then each entity will have the right to terminate its further
participation in the project within 30 days of the opening of the bid. If one party terminates its participation, the
other two entities have the right to terminate participation as well, or contribute equally to fund the difference. If
Celina terminates its further participation, the RTR funds from Celina and the Celina County bond funds will remain
in the project fund for contribution towards the construction of the project by the other two entities. If Prosper
terminates its further participation, the $3,650,000 from Prosper to remain in the project fund for contribution
towards the construction of the project by the other two entities. Only the further participation amount will be
refunded to the terminating entity.
8. Prosper and Celina shall each remit to Collin County one-third of the difference between the actual alternate bid
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Wr- U1G project with [L 1VLu-MIM U11UgU Q11U 711V,VVV,0VV wl1r1111 4J UdyJ V1 L11G UPU1111% V1 L11G uIU, GXGG�t 1.f14L l.Gllll2l
may also remit the difference in construction cost between a six -lane bridge and a four -lane bridge as determined by
the difference between the base bid and the alternate bid within 45 days of the opening of the bid.
9. At project "close-out", when the final construction wmount is determined, an adjustment will be made to the
amounts paid by Prosper and Celina. If the actual total project cost is less than the estimated amount as defined in
Paragraph 5 of this article plus any amount the bid was over the final probable cost of construction, Collin County
will refund one-third of the difference each to Prosper and Celina within 90 days. If the actual total project cost is
more than the estimated amount plus the any amount the bid was over the final probable cost of construction,
Prosper and Celina will each remit one-third of the difference to Collin County within 90 days.
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Resolution No. 2020-93, Page 4
10. If the Project is terminated per the provisions in Paragraphs 5 and 7 above, $3,650,000 will be refunded to
Prosper and $8,350,000 in RTR funds will be refunded to TxDOT.
ARTICLE IV.
Celina is currently under contract with the Texas Department of Transportation (TxDOT) for use of the $4,350,000
in RTR funds. It is the intent of the County that Celina remain under contract to TxDOT and comply with all
provisions of that agreement, while transferring the RTR funds to the County according to this agreement.
ARTICE V.
Collin County will enter into a contract with TxDOT for the use of the $4,000,000 and will fully comply with that
agreement.
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
ILA, 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 ILA.
ARTICLE VII.
VENUE. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of
this ILA. The parties agree that this ILA is performable in Collin County, Texas and that exclusive venue shall lie in
Collin County, Texas.
ARTICLE VIII.
SEVERABILITY. The provisions of this ILA are severable. If any paragraph, section, subdivision, sentence,
clause, or phrase of this ILA 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 ILA shall be
enforced as if the invalid provision had never been included.
ARTICLEIX.
ENTIRE AGREEMENT. This ILA embodies the entire agreement between the parties and may only be modified in
a writing executed by all parties.
ARTICLE X.
SUCCESSORS AND ASSIGNS. This ILA shall be binding upon the parties hereto, their successors, heirs, personal
representatives and assigns. None of the parties will assign or transfer an interest in this ILA without the written
consent of the other parties.
ARTICLE XI.
IMMUNITY. It is expressly understood and agreed that, in the execution of this ILA, none of the parties waive, nor
shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against
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Resolution No. 2020-93, Page 5
claims arising in the exercise of governmental powers and functions. By entering into this ILA, the parties do not
create any obligations, express or implied, other that those set forth herein, and this ILA shall not create any rights in
parties not signatories hereto.
ARTICLE XII.
TERM. This ILA shall be effective upon execution by all parties and shall continue in effect annually until final
written acceptance of the Project by all three parties. This ILA shall automatically renew annually during this
period.
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Resolution No. 2020-93, Page 6
APPROVED AS TO FORM:
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Title:
Date:
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APPROVED AS TO � FOR❑M:��
By: �,.*.`+["
Name: Terrence S Welch
Title: Tow Att rney
Date:
ATTES
By: Yam"'--- =�1
Name: Vicki Faulkner
Title: City Secretary
Date:
APPROVED AS TrFM:
By:
Name:
Title: City Attrney
Date: 7 * I�
COUN4.11
IN, AS
By:
Name: Keith Sel
Title: Montis
Date:
Exec,u,}e 11{hday of &nP
201A! ; the County of Collin,
pursuant to Commissioners' Court
Order No. OI 9-14L4 5- 06 —11
TOWN
By:
Name: Harlan
Title: To n
Date: 612,
dfof'Ke Town of
to Town Council
Resolution No.
CI F C INA, AS
By:
Na e: son umer
Titl y Man er
Date:
Executed on behalf of the City of
Celina pursuant to City Council
Resolution No. tatR 4C-t 14c--,Vi ork
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5
Resolution No. 2020-93, Page 7