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Home My WebLink AboutItem 08 - Bear Creek InterceptorMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: JUNE 15, 2021 SUBJECT: INTERLOCAL AGREEMENT BETWEEN THE TRINITY RIVER AUTHORITY AND CITY OF GRAPEVINE RECOMMENDATION: City Council consider approval of an Interlocal Agreement with the Trinity River Authority of Texas for the construction of the proposed Bear Creek Interceptor Segment 09BC-1 Phase 2. FUNDING SOURCE: This action will have no material effect on City funds. BACKGROUND: This memo seeks approval of the interlocal agreement between the Trinity River Authority (TRA) and the City of Grapevine. The TRA owns and operates the Central Regional Wastewater System (CRWS) that receives wastewater from the cities of Grapevine, Arlington, Bedford, Carrollton, Cedar Hill, Colleyville, Coppell, Dallas, Duncanville, Euless, Farmers Branch, Fort Worth, Grand Prairie, Hurst, Irving, Keller, Mansfield, North Richland Hills, and Southlake, the town of Addison, and the Dallas/Fort Worth International Airport. The TRA is constructing the Bear Creek Interceptor Segment 09BC-1 Phase 2 Project in the City along an existing interceptor in Bear Creek Athletic Park, Wall -Farrar Nature Trail, and Parr Park. The project will provide a necessary pipe replacement due to deterioration, along with a capacity to accommodate growth for the next 50 years. The interceptor will consist of approximately 8,700 linear feet of 48-inch diameter gravity sewer interceptor pipeline and will serve Grapevine and four other CRWS customers. CRWS processes about 35% of Grapevine's sanitary sewer flow, with the Grapevine Wastewater plant processing the remainder. The TRA will fund the design, land acquisition costs, bidding, construction and construction administration. Both the City and TRA agree that surface restoration would be best completed by the City. To that effort, the TRA will pay the City $476,200 for tree mitigation and $378,624.63 for park restoration, totaling $854,824.63. Staff will return at a later date to appropriate funds and seek contract authorization, as necessary. In exchange, the City of Grapevine is responsible for granting permanent sanitary sewer easements, temporary construction easements and temporary access easements. After construction is complete, the City will restore the park and trails to prior condition. Staff recommends approval. TRA BEAR CREEK INTERCEPTOR PHASE 2 PARKWO D PARK 4-�ww ' ME,_ -- J y■ i� A. L, ��M�■�i.l�l�r �.�Ji�.li�.aa S��ST ERN O r R I® ao Emu-, HALL JOHNSON RO ��— F 1 muff -s Z co e 0 PROSPECT PKWY WESTPORT PKWY y 7 e GC EECCDnCC u,J lAl Ll uu r ��-� Ir■ Wi i �� ■ - �� ui 1 n uu a l ��. aiuun ,.. � uu r, "RA rl u u n rAu ■ ur"uu r7 n A I I I I I I I 0 500 1,000 2,000 Feet 7/7� DFW Airport Boundary 11/10/2020 INTERLOCAL AGREEMENT BETWEEN THE TRINITY RIVER AUTHORITY OF TEXAS AND THE CITY OF GRAPEVINE, TEXAS STATE OF TEXAS § COUNTY OF TARRANT § THIS AGREEMENT is made and entered into as of the day of , 2020, by and between the Trinity River Authority of Texas, with its principal office at 5300 South Collins Street, Arlington, Tarrant County, Texas 76018, a political subdivision created pursuant to Article XVI, Section 59 of the Texas Constitution (Authority), and the City of Grapevine, Texas, a home -rule municipal corporation, with its principal office at 200 South Main Street, Grapevine, Tarrant County, Texas 76051 (City). WHEREAS, the Texas Legislature has authorized the execution of Interlocal Cooperation Agreements between and among governmental entities pursuant to the Interlocal Cooperation Act, Texas Government Code Chapter 791; and WHEREAS, the Authority owns and operates the Central Regional Wastewater System (CRWS) that receives wastewater from the cities of Arlington, Bedford, Carrollton, Cedar Hill, Colleyville, Coppell, Dallas, Duncanville, Euless, Farmers Branch, Fort Worth, Grand Prairie, Grapevine, Hurst, Irving, Keller, Mansfield, North Richland Hills, and Southlake; the town of Addison; and the Dallas/Fort Worth International Airport; and WHEREAS, the Bear Creek Interceptor System is one of the five major interceptor systems that convey wastewater to the CRWS treatment plant; and WHEREAS, the Authority intends to construct the proposed Bear Creek Interceptor, Segment 09BC-1 Phase 2 Project in the City, which will consist of approximately 8,700 linear feet of 48-inch diameter gravity sewer interceptor pipeline (Project), and will serve Grapevine and four other CRWS customers; and WHEREAS, the Authority intends to construct the proposed interceptor generally parallel to an existing interceptor located within the City's Bear Creek Athletic Park, Wall -Farrar Nature Trail, and Parr Park property; and WHEREAS, the Authority and City agree that it is in their mutual interest for the City to complete the surface restoration of Bear Creek Athletic Park, Wall -Farrar Nature Trail, and Parr Park subsequent to the completion of the Project; and WHEREAS, the Authority and City have further agreed with regards to compensation to be paid to City for surface restoration and tree mitigation; and WHEREAS, the governing bodies of the Authority and City believe that this Agreement is necessary for the benefit of the public and that each party has the legal authority to provide governmental function as described in this Agreement. NOW THEREFORE, in consideration of the foregoing premises and the agreements and covenants contained herein, the Authority and City agree as follows: Section 1. DEFINITION OF TERMS. Terms and expressions as used in this Agreement, unless the context shows otherwise, shall have the following meanings: A) "Construction" means any one or more of the following: (1) Material testing and related expenses; (2) Building, installing, and constructing; and (3) Construction services, accounting, or supervision of any items listed above; B) "Project" means the Construction and/or Surface Restoration required for or related to the Bear Creek Interceptor, Segment 09BC-1 Phase 2; C) "Project Costs" mean all costs and expenses incurred in relation to the development and Construction of the Project; and D) "Surface Restoration" means any one or more of the following: (1) Asphalt or concrete trail replacement; (2) Seeding and Sodding; (3) Bear Creek Athletic Park restoration including fencing replacement, relocation of remembrance trees and stones, electrical repairs and modifications, removal and reinstallation of the south ball field score board, irrigation repairs and modifications, and field turf installation; and (4) Construction services, accounting or supervision of any items listed above. Section 2. OBLIGATIONS OF THE CITY. A) The City will donate to the AUTHORITY the permanent sanitary sewer easements, temporary construction easements, and temporary access easements in the form reflected in Exhibit A, attached hereto; and B) The City will complete Surface Restoration required as of a result of the Project within Bear Creek Athletic Park, Wall -Farrar Nature Trail, and Parr Park as shown in Exhibit C according to its standards and desires. If the City does not complete Surface Restoration within 90 days of substantial completion of the Project by the Authority, the City will assume responsibility for the Storm Water Pollution Prevention Plan for Surface Restoration within the designated limits of trail and restoration by the City as shown in Exhibit C. Section 3. OBLIGATIONS OF THE AUTHORITY. A) The Authority is responsible for the final design, land rights costs, advertisement for bids, award of bid, and construction administration for the Project; and B) After all pipeline work is completed, the Authority shall bring all construction areas to pre -construction grades or as noted on the plans, restoring pre construction surface drainage, in preparation for the City to complete Surface Restoration. Section 4. FISCAL PROVISIONS. A) The Authority shall be responsible for all costs associated with the Project, save and except those costs associated with the design and Construction of the City Improvements; and B) The Authority shall pay the City, within 30 days of the effective date of this Agreement, $854,824.63, which includes tree mitigation in the amount of $476,200.00 and Surface Restoration costs of $378,624.63. Section 5. TERM OF AGREEMENT, NOTICES. A) Term of Agreement. This Agreement shall be effective upon execution hereof and shall continue in force and effect until or until any payments required by Section 4 are made; and B) Notices. All notices or communications provided for herein shall be delivered to Authority and City or, if mailed, shall be sent to Authority and City at their respective addresses. For the purpose of notices, the addresses of the parties, until changed by written notice, shall be as follows: Authority: Trinity River Authority of Texas 5300 South Collins P.O. Box 240 Arlington, Texas 76004-0240 Attention: Mr. Gary N. Oradat, PE Executive Manager, Planning, Design, and Construction Administration City: City of Grapevine 200 South Main Street Grapevine, Texas 76051 Attention: Bruno Rumbelow City Manager Section 6. CAPTION. The captions to the various clauses of this Agreement are for informational purposes only and in no way alter the substance of the terms and conditions of this Agreement. Section 7. IMMUNITY. It is expressly understood and agreed that, in the execution of this Agreement, no party waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. Section 8. INDEMNIFICATION. To the extent allowed by law, the Authority and City do hereby release, indemnify, and hold each other and their respective officials, agents, and employees, in both their public and private capacities, harmless from any and all liability, claims, costs, and expenses arising out of the performance of the Agreement due to their own respective negligence or that of their officials, officers, or employees. Section 9. SEVERABILITY. If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, or conditions of this Agreement are for any reason held to be invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, or conditions in this Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. Section 10. GOVERNING LAW. The validity of the Agreement and of any of its terms or provisions, as well as the rights and duties hereunder, shall be governed by the laws of the State of Texas. Section 11. PLACE OF PERFORMANCE. All amounts due under this Agreement, including damages for its breach, shall be paid in Tarrant County, Texas, said Tarrant County, Texas, being the place of performance as agreed to by the parties to this Agreement. In the event that any legal proceeding is brought to enforce this Agreement or any provision hereof, the same shall be brought in Tarrant County, Texas. Section 12. ENTIRE AGREEMENT. This Agreement contains all the terms, commitments and covenants of the parties pursuant to this Agreement. Any verbal or written commitment not contained in this Agreement or expressly referred to in this Agreement and incorporated by reference shall have no force or effect. Section 13. CURRENT REVENUES. The parties hereto shall make payments called for hereunder only from current revenues legally available to each party. IN WITNESS WHEREOF, the parties acting under authority of their respective governing bodies have caused this Agreement to be duly executed in several counterparts, each of which is deemed to be an original, as of the date first written above. CITY OF GRAPEVINE, TEXAS By: Bruno Rumbelow City Manager ATTEST: By: (Name) (Title) (CITY'S SEAL) APPROVED AS TO FORM City Attorney TRINITY RIVER AUTHORITY OF TEXAS In J. KEVIN WARD General Manager ATTEST: in HOWARD S. SLOBODIN Secretary, Board of Directors (AUTHORITY'S SEAL)