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Resolution 2012-38 � RESOLUTION NO. 2012-38(� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE THE INTERLOCAL AGREEMENT BETWEEN THE NORTH TEXAS MUNICIPAL WATER DISTRICT AND THE CITY OF WYLIE CONCERNING REIMBURSEMENT FOR PROFESSIONAL SERVICES AND IMPROVEMENTS FOR THE 20-INCH AND 60-INCH WATER LINE RELOCATIONS ALONG COUNTRY CLUB ROAD AND FM 2514. 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 the North Texas Municipal Water District and the City of Wylie concerning water line relocations along Country Club and FM 2514, � SECTION 2: This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, and this the 13th day of November, 2012. Eric Hogue, y • � �� OF Wytl (,r�.�(/r'�`.-r ,�' ATTEST TO: � � � � ,, __ o 0 C2�'010 EIlI'11CI1, lly S0CT0t21'�' o�iti e auiw i � 8 0188?� s r'Te op TE� Res��lution No.2012-38(R) Interlocal Agreement COW-NTMWD Relocation of Water Lines t =� EXHIBIT "A" Interlocal Agreement � Resolution No.2012-38(R) Interlocal Agreement COW-NTMWD Relocation of Water Lines 2 �..� INTERLOCAL AGREEMENT BETWEEN THE CITY OF WYLIE AND NORTH TEXAS MUNICIPAL WATER DISTRICT CONCERNING REIMBURSEMENT FOR PROFESSIONAL SERVICES AND IMPROVEMENTS FOR THE 20-INCH AND 60-INCH WATER LINE RELOCATIONS ALONG COUNTRY CLUB ROAD AND FM 2514, NTMWD PROJECT NO. 283 THIS AGREEMENT ("Agreement") is made between the CITY OF WYLIE,TEXAS, a home-rule municipal corporation ("W.�"), and the NORTH TEXAS MUNICIPAL WATER DISTRICT ("NTMWD"), acting by and through their City Manager and Executive Director, respectively, or their duly authorized representatives. WHEREAS, Wylie desires to improve a section of Country Club Road in an area bet�veen FM 2514 (Parker Road) South and FM 2514 (Parker Road) North (the "Road Im�rovements"); and WHEREAS, the Road Improvements require the relocation of 20-inch and 60-inch NTMWD water lines; and WHEREAS, Wylie and NTMWD have investigated and determined that it is in the best --� interest of their respective entity to enter into this Agreement for reimbursement to NTMWD for the design and construction of the 20-inch and 60-inch Water Line Relocations along Country Club Road and FM 2514 (the "Project"), a project required to accommodate the Road Improvements; and WHEREAS, NTMWD and Wylie desire that costs associated with the design and construction of Project be reimbursed directly to NTMWD by Wylie; 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 design and construction of the Project is a governmental function which will benefit the constituents of both parties; and WHEREAS, the Project has been selected to receive funds through the Collin County Regional Toll Revenue Taskforce (the "RTR Funds"); and WHEREAS, the RTR Funds for the Project are anticipated to be available in March 2013; and ""°� WHEREAS, Wylie's payment obligations hereunder must be brought current and paid in full the latter of May 31, 2013 or thirty(30) days after completion of the Project; and INTERLOCAL AGREEMENTWITH NTMWD PAGE 1 6178:?7.1 WHEREAS, the parties have determined that the Road Improvements and Project may „�, be constructed most expeditiously and economically by implementing this Agreement as set forth below. NOW, THEREFORE, this Agreement is made and entered into by and between Wylie and NTMWD for the mutual consideration stated herein. ARTICLE ONE The Project 1.01 NTMWD shall arrange, contract for, and coordinate the engineering services for the Project. All deliverables resulting from these engineering services shall meet or exceed current NTMWD format standards for easement and construction documents. 1.02 NTMWD shall acquire easements required far construction of the Project and relocation of the water lines. 1.03 NTMWD shall administer the construction of the Project. 1.04 NTMWD shall arrange and coordinate the construction inspection and administration of the Project. ARTICLE TWO � Duties and Payment 2.01 Birkhoff, Hendricks & Carter, L.L.P. (`BHC") has been retained by NTMWD to provide professional engineering services associated with the design and construction document preparation for the Project. BHC shall provide detailed invoicing to NTMWD showing hourly rates and amounts for each job classification used, itemized expenses incurred, applicable multipliers and markup, as well as amounts previously paid. 2.02 NTMWD will pay BHC far all approved professional services and will forward approved invoices and proof of payment to Wylie upon completion of the Project. 2.03 NTMWD shall initially fund the costs associated with the design, easement acquisition, construction, inspection, and administration of the Project, which totals an estimated amount of Seven Hundred Twentv Thousand Eight Hundred Sixtv Dollars and No/100 ($720,860.00), based upon the anticipated but not to exceed amounts listed below: Engineering Services ($104,860.00) Easement Acquisition ($60,000.00) Construction of the Project ($540,000.00) � INTERLOCAL AGREEMENTWITH NTMWD PAGE 2 617827.1 ..,.� Construction Inspection Services ($16,000.00) 2.04 Wylie's repayment obligations under this Agreement shall be based upon actual costs incurred. All such funding by NTMWD shall be reimbursed by Wylie within thirty (30) days of completion of the Project or May 31, 2013, whichever occurs later. ARTICLE THREE Funding The Parties 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 at the time the payment becomes due. ARTICLE FOUR Term This Agreement shall be effective upon approval by the Wylie City Council and NTMWD Board of Directors and subsequent execution by the Wylie City Manager and NTMWD Executive Director. The effective date will be the latter of the dates this Agreement is executed by the parties ("Effective Date"). This Agreement shall continue in effect annually until all obligations hereunder are completed and each party has given final acceptance of the ...�� Project, in writing, to the other party. This Agreement shall automatically renew annually during this period. ARTICLE FIVE Hold Harmless 5.01 Each party does hereby agree to waive all claims against, release, and hold harrnless the other party and its respective officials, officers, agents, employees, in both their public and private capacities, from any and all liability, claims, suits, demands, losses, damages, attorney's fees, including all expenses of litigation or settlement, or cause of action which may arise by reason of injury to or death of any person or for loss of, damage to, or loss of use of any property arising out of or in connection with this Agreement. However, nothing herein shall release the Parties from their respective obligations created through this Agreement. 5.02 In the event of joint or concurrent negligence of the parties, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas without, hov�rever, waiving any governmental immunity or defense available to any party individually under Texas law. Wylie shall be responsible for its sole negligence. NTMWD shall be responsible for its sole negligence. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. INT�RLOCAL AGREEMENTWITH NTMWD PAGE 3 61782'J.1 ARTICLE SIX �, Immunity 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, expressed or implied, other than those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. ARTICLE SEVEN Notices All notices required under the provisions of this Agreement must be in writing, hand- deliv�ered or sent by registered or certified mail to the addresses below: If to Wylie: City of Wylie, Texas Attention: Mindy Manson, City Manager 300 Country Club Road, Building 100, lst Floor Wylie, Texas 75098 Copy to: Chris Holsted, P.E. ,,,�„ Wylie City Engineer 300 Country Club Road, Building 100, 2°d Floor Wylie, Texas 75098 If to NTMWD: NTMWD Attn: James M. Parks, Executive Director P.O. Box 2408 Wylie, Texas 75098 The name and address for notification may be changed by notice to the other parties. ARTICLE EIGHT 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. INTERLOCAL AGREEMEIYTWITH NTMWD PAGE 4 617827.1 ARTICLE NINE �N� 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. ARTICLE TEN 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 ELEVEN Interpretation This is a negotiated document and should any part of this Agreement be in dispute, the parties agree that the Agreement shall not be construed more favorably for either party. ARTICLE TWELVE Remedies, Non-Waiver No right or remedy granted herein or reserved to the parties is exclusive of any right or remedy granted by law or equity, but each shall be cumulative of every right or remedy given hereunder. No covenant or condition of this Agreement may be waived without the express written consent of the parties. It is further agreed that one or more instances of forbearance by either party in the exercise of its respective rights under this Agreement shall in no way constitute a waiver thereof. ARTICLE THIRTEEN Entire Agreement This Agreement embodies the entire agreement between the parties and may only be modified in writing executed by both parties. AT'TEST: CITY OF WYLIE, TEXAS By: By: � Nar�ne: Car le Ehrlich Name: indy son Titl�: City Secretary Title: City ana er � Date: ////3 /2 Date: �l a- INTERLOCAL AGREEMENTWITH NTMWD PAGE 5 617827.1 Executed on behalf of the City of Wylie �, pursuant to City Council Resolution No. APPROVED AS TO FORM: Abernathy, Roeder, Boyd & Joplin, P.C. � � � � By: --�-�,.� Name: Courtney A. Ku enda 1 Title: City Attorney Date: �,�.�� � �_ ATTEST: North Texas 1VIunicipal Water bistrict � ; .. . � By: By: ` .. Name: Na e: Ja es M. Parks Date: �a'I�� � a-017'" Ti e: Exe utive Dir cto Da : Z Z INTERLOCAL AGREEMENTWITH NTMWD PAGE 6 617827.1 � ACKNOWLEDGMENTS STATE OF TEXAS § § COUNTY OF COLLIN § This instrument was acknowledged before me on the �3�day of �i�V�.i1'l be-( , 2012, by MINDY MANSON, City Manager of the CITY OF WYLIE, TEXAS, a home-rule municipal corporation, on behalf of said municipal corporation. �.�""•��, Stephanie Marle Storm � ��y � . �/}���� � �� rI ry� r ¢' NOtary PUbNC \'i,�' t�lN� �1 , ��JIX YJ�i V��_ + • `� • State of Texas ) . .. Notary Public, State of Texas �t '+,t o��cw� My Comm. Exp 03-12-2015 STATE OF TEXAS § § � COUNTY OF COLLIN § This instrument was acknowledged before me on thc��d y of �-Q���'�� 2012, by JAMES M. PARKS, Executive Director of NORTH TEXAS MUNICIPAL WATER DISTRICT. � ������.. �`P""�� Nota Public State of Texas jo' '�.°��; MELISA FULLER �' � Notary Public ' � ' State of Texas N^�rF�f ti�*'N My Comm. Exp.06-14-20t3 INTERLOCAL AGREEMENTWITH NTMWD PAGE 7 617827.1