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HomeMy WebLinkAboutItem 21 - GCISD 20" WaterlineMEMO TO: FROM: MEETING DATE: SUBJECT: RECOMMENDATION: ITEM # ,/_ l HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ROGER NELSON, CITY MANAGER4/1 MAY 16, 2000 INTERLOCAL AGREEMENT — GCISD 20" WATERLINE City Council consider adopting a resolution approving an Interlocal Agreement with the GCISD for over -sizing cost participation in the amount of S 126,086 plus 10% contingencies for the construction of a 20" waterline across the new Middle School Campus, and take any necessary action. FUNDING SOURCE: Funds are currently available from 1999 Utility Bonds in Account # 200-48930-534-5-000009 WA Design Construction Over -sizing Contingency TOTAL BACKGROUND: GCISD 126,086.00 91% 5 12,608.60 9% S 138,694.60 100% The City's Water Master Plan reflects a 20" waterline across the site of the new middle school currently under construction by the GCISD. The waterline size necessary to serve the school site is an 8" line. The City regularly participates with developers in funding the cost of oversizing water and wastewater lines to meet the City's Master Plans. This line will connect with two water trunk line systems currently under design by City consultants to greatly improve the water delivery capabilities from TRA into the north areas of the City and the proposed elevated storage tank. Staff recommends approval. JLH/jsl 0:lagenda',05-04-00\GCISD Interfocal Water May 11, 2000 (8:42AM) fredw Account Summary Inquiry /dev/pts/18 Options: S=Inquire 10=Encumbrances 11=Amendments (c) Stw Inc. 1992 12=Budget Items 13=Unposted JE's & Enc Account . . 200-48930-534-5-000009-WA Scribner Street Wate Fiscal yr: 2000 Begin bal: 0 Total Budget: 408,125.00 Op Mon Amended Budget Actual Amount Encumbrance Amt Budget Balance OCT .00 .00 .00 408,125.00 NOV .00 .00 .00 408,125.00 DEC .00 .00 .00 408,125.00 JAN .00 .00 .00 408,125.00 FEB .00 .00 .00 408,125.00 MAR 408,125.00 .00 .00 408,125.00 APR .00 23.200.00 .00 384,925.00 MAY .00 .00 .00 384,925.00 JUN .00 .00 .00 384,925.00 JUL .00 .00 .00 384,925.00 AUG .00 .00 .00 384,925.00 SEP .00 .00 .00 384,925.00 TOT 408,125.00 23,200.00 .00 384,925.00 Command =__> F1=Help F2=Extended Help FS=Refresh F7=Backwards FB=Forward F9=Process F12=Cancel RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVIN, TEXAS APPROVING AN INTERLOCAL AGREEMENT WITH THE GRAPEVINE-COLLEYVILLE INDEPENDENT SCHOOL DISTRICT TO PARTICIPATE IN THE CONSTRUCTION OF A 20 INCH WATERLINE THROUGH THE GRAPEVINE-COLLEYVILE INDEPENDENT SCHOOL DISTRICT MIDDLE SCHOOL CAMPUS LOCATED WITHIN THE CITY LIMITS OF GRAPEVINE; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE THE AGREEMENT: AND PROVIDING AN EFFECTIVE DATE WHEREAS. the City Water Masterplan reflects a 20 inch waterline crossing the new Grapevine Middle School Campus: and WHEREAS. the size of line to adequately serve the new middle school campus is an 8 inch waterline; and WHEREAS. the City of Grapevine, Texas (the "City") regularly participates in the development of new projects by paying for added capacity provided through oversizing lines in developments to meet the sizes stipulated in the City Water Masterplan; and WHEREAS. the City desires to enter into an Interlocal Agreement with Grapevine Colleyville Independent School District to participate in the cost of constructing a 20 inch waterline across the campus of the New Grapevine Middle School located within the City limits; and WHEREAS, constructing the waterline as part of the middle school construction is the most efficient and least disruptive method of constructing the water line across the middle school campus: and WHEREAS, the City and Grapevine-Colleyville Independent School District are authorized to enter into an Interlocal Agreement for the services described herein pursuant to Texas Government Code, Chapter 791. NOW, THEREFORE BE IT BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS. Section 1. That the City Council approves entering into an Interlocal Agreement for the joint funding of the construction of 20 inch a waterline through the campus of the new Grapevine-Colleyville Independent School District Middle School within the City. Section 2. That the City Manager is hereby authorized and directed to execute and take all necessary steps to consummate the Interlocal Agreement in substantially the form as it is shown in Exhibit "A'. Section 3. That this resolution shall become effective immediately from and after its passage and approval by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE. TEXAS on this the 16th day of May, 2000 APPROVED.- PPROVED: ATTEST.- ATTEST: APPROVED APPROVED AS TO FORM: RES. NO. 2 INTERLOCAL AGREEMENT Grapevine Middle School 20" Waterline This Agreement is made and entered into by and between the City of Grapevine, a municipal corporation organized pursuant to the laws of the State of Texas and located in Tarrant County, Texas hereinafter called the "City" and the Grapevine Colleyville Independent School District, a "School District' organized pursuant to the laws of the State of Texas and located in Tarrant County, Texas, hereinafter called "GCISD" evidences the following: WHEREAS, the City Water Masterplan reflects a 20" waterline crossing the new Grapevine Middle School campus, and WHEREAS, the size of waterline to adequately serve the new middle school campus is an 8" waterline, and WHEREAS, the City regularly participates in the development of new projects by paying for added capacity provided through oversizing waterlines in developments to meet the sizes stipulated in the City Water Masterplan, and WHEREAS, the City and GCISD desire to enter into an Agreement for the Joint Participation in the Construction of a 20" waterline crossing the new Grapevine middle school campus. and WHEREAS, constructing the 20" waterline by GCISD as part of the new Grapevine Middle School construction is the most efficient and least disruptive method of constructing the 20" waterline across the middle school campus, and WHEREAS, this Agreement is entered into pursuant to Chapter 791 Government Code. the Interlocal Cooperation Act. NOW THEREFORE, the Parties in consideration of the Terms and Conditions contained in this Agreement agree as follows: 1. The GCISD has designed and will construct the 20" waterline from the northside of Northwest Highway at the intersection of Ball Street. proceeding north and then east across the GCISD middle school campus to the intersection of Scribner Street and Banyon Place. 2. The GCISD has solicited prices for an 8" waterline and a 20" waterline to determine the cost difference in the two (2) waterlines. 3 The respective costs are $ 67,320.00 for the 8" waterline and $ 192.272.00 for the 20" waterline O:\GCISD\Interlocal Wtrin Gms 4. The City will refund to GCISD the net difference in cost between the construction of an 8" waterline and the 20" waterline, estimated to be $ 124.952.00, based upon the contract prices in the school's construction contract and the final contract quantities certified and sealed by the GCISD's consultant engineer. 5. The added length of 54 feet for the waterline project crossing the Middle School Campus based on the City's preferred route results in an added cost of $ 1,134.00 to GCISD for the 8" waterline share of the 20" system. The City will fund this added cost attributable to the added length associated with the City's desired route for the pipeline. 6. The City agrees to fund the cost of a 20" "pigging wye" and vault, at an estimated cost of $ 20,000.00. 7. GCISD agrees to construct the 20" waterline in accordance with the City standards for waterline construction and will provide documentation upon the end of construction to determine the complete length of the line constructed and final cost incurred by GCISD. 8. NOTICES. Any notices required to be given herein shall be deemed to have been sufficiently given to either party for all purposes hereof if mailed by certified mail, postage prepaid, addressed as follows: TO CITY OF GRAPEVINE City Manager City of Grapevine 200 South Main Street Grapevine, Texas 76051 GCISD Administration Office 3051 Ira E. Woods Avenue Grapevine, Texas 76051 Attn: Superintendent or to such other respective address as the parties may designate from time to time in writing in accordance with this notice provision. 9. PUBLIC PURPOSE: RESERVATION OF RIGHTS. All of the requirements provided in this Agreement are hereby declared to be for public purpose and the health, safety, and welfare of the general public. Any member of the governing body or city official or employee of either Party charged with the enforcement of this Agreement, acting in the discharge of his or her duties, shall not thereby be rendered personally liable; and is hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of said duties. O:\GCISD\Interlocal Wtrin Gms 10. SEVERABILITY. If any section, subsection, sentence, clause, phrase, term, provision, condition, covenant or portion of this Agreement is for any reason held invalid or unenforceable by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby but shall be deemed as a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof, and each remaining section, subsection, sentence, clause, phrase, term, provision, condition, covenant and portion of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 11. ENTIRE AGREEMENT. This Agreement shall constitute the entire Agreement between Grapevine and GCISD and may not be modified or amended other than by written instrument executed by both Parties. 12. INDEMNIFICATION. (a) To the extent allowed by law, Grapevine shall indemnify and hold GCISD harmless against all claims, causes of action, costs, expenses (including reasonable attorney fees) and damages to persons or property, to the extent proximately caused by the negligence or willful misconduct of Grapevines officers. employees or agents arising directly or indirectly out of Grapevine's performance of this Agreement. This duty to indemnify only applies where, and to the extent, Grapevine's negligence or willful misconduct is either the sole or a contributing cause of the injury, death or damage. It does not extend to any portion of any injury, death or damage caused by either the sole or contributing negligence or intentional act or omission of GCISD or any third party under the control of GCISD. (b) GCISD shall indemnify and hold Grapevine harmless against all claims, causes of action, costs, expenses (including reasonable attorney fees) and damages to persons or property, to the extent proximately caused by the negligence or willful misconduct of GCISD officers, employees or agents arising directly or indirectly out of GCISD performance of the Agreement; provided. however, that this duty to indemnify and hold harmless only applies where, and to the extent, GCISD can be held legally liable to a third party for tort claims under Texas Law, and then only to the extent its negligence or willful misconduct is either the sole or a contributing cause of the injury, death or damage. It does not extend to any portion of any injury, death or damage cause by either the sole or contributing negligence or intentional act or omission of Grapevine or any third party under the control of Grapevine, and it does not reduce GCISD's immunity from tort claims under Texas Law. (c) Neither paragraph (a) nor (b) is intended to create liability for the benefit of third parties but are solely for the benefit of Grapevine and GCISD. O:\GCISD\Interlocal wtrin Gms 13. Non -Waiver. Neither Party shall be excused from complying with any of the terms and conditions of this Agreement because of any failure of the other Party upon any one or more occasions to insist upon or to seek compliance with any such terms or conditions. 14. FORCE MAJEURE. In case by reason of force majeure, as hereafter defined, either Party shall be rendered unable wholly or in part to carry out its obligations under this Agreement (other than the payment of money), then if such Party shall give notice and full particulars of such force majeure in writing to the other Party within a reasonable time after occurrence of the event or cause relied on, the obligation of the Party giving such notice, so far as it is affected by such force majeure, shall be suspended during the continuance of the inability then claimed, but for no longer periods, and any such Party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term "force majeure" as employed herein, shall mean: acts of God; strikes, lockouts, or other industrial disturbances, acts of public enemy; orders of any kind of the Government of the United States. of the State of Texas, or of any civil or military authority; insurrections; riots, epidemics; landslides; lightening; earthquakes: fires; hurricanes, storms, floods, washouts, droughts: arrests; restraining of government and people; civil disturbances: explosions; breakage or accidents to machinery, pipe lines, or canals; partial or entire failure of water supply; any other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the Party having the difficulty, and that the above requirement that any force majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the striking or opposing parties when such settlement is unfavorable in the judgement of the Party having the difficulty. 15. REGULATORY BODIES. This Agreement shall be subject to all valid rules, regulations, and laws applicable hereto or promulgated by the United States of America, the State of Texas, or any governmental body or agency having lawful jurisdiction, or any authorized representative or agency of any of the above. 16. GOVERNING LAW. This Agreement shall be governed and construed pursuant to the laws of the State of Texas. All obligations herein shall be performable and all payment shall be due and payable in Tarrant County, Texas. 17. CAPTIONS AND CONSTRUCTION All section titles or captions contained in this Agreement shall not be deemed a part of this Agreement and shall not affect the meaning or interpretation of this Agreement or any O:\GCISD\Interlocal Wtrin Gms provision hereof. The Parties have participated in the preparation of this Agreement so that this Agreement shall not be construed either more or less favorably for or against either Party 18, INCORPORATION. The Preamble set forth before Section 1 of this Agreement is hereby incorporated by reference as if set forth fully at this point. IN WITNESS WHEROF. the Parties. acting under authority of their respective governing bodies. have caused this Agreement to be duly executed in several counterparts each of which shall constitute an original. all as of this day of . 2000. ATTEST Linda Huff, City Secretary (SEAL) ATTEST: Secretary, GCISD Board of Trustees CITY OF GRAPEVINE, TEXAS By. William D. Tate, Mayor GCISD By President Trustees GCISD Board cf 0 :GCISDUnterlocal Wtrin Gmz