HomeMy WebLinkAboutItem 21 - Interlocal Agreement with CoppellMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: JANUARY 17, 2023
SUBJECT: INTERLOCAL AGREEMENT - EMERGENCY WATER INTERCONNECT
AND SANITARY SEWER STUDIES AND APPROPRIATION
ORDINANCE
RECOMMENDATION: City Council to consider approving an Interlocal Agreement with the City
of Coppell for an emergency water interconnect, sanitary sewer studies
and approval of an ordinance appropriating funds.
FUNDING SOURCE: Upon approval of the attached ordinance, funds will be available in the
Utility Enterprise Fund in the estimated amount of $50,000
BACKGROUND: The City of Grapevine and the City of Coppell seek to enter into an
Interlocal Agreement for an emergency water interconnect. It is beneficial
for both cities to be able to purchase additional water in order to meet
supply demands more effectively and efficiently.
Since winter storm of February 2021, adjacent municipalities have made
interconnections to help supply water in such emergency conditions.
Grapevine currently has emergency interconnections in place with the
Cites of Euless, Colleyville and Southlake. The connection with Coppell
would be new and the City of Coppell will cover the cost of the installation
of the emergency water interconnection.
The interconnect is located along Bass Pro West/Bethel Road at the
Grapevine/Coppell city limit line. The duration and estimated water use
will be agreed upon prior to the opening of the valve. The receiving City
shall reimburse the providing City the cost of the water based on the
current rate based on the actual usage. Maintenance of the interconnect
will be the responsibility of Coppell.
This agreement will also cover the costs of wastewater studies for the
Hilton Lift Station Basin. The Hilton Lift Station Basin is in the northeastern
portion of the City adjacent to Coppell.
In this area, gravity naturally pushes the flow to Coppell but due to
existing infrastructure, wastewater needs to be pumped to the Grapevine
treatment plant through a series of lift stations. The City desires to seek
an alternate route of these wastewater flows to Coppell. The wastewater
lines and lift stations in Coppell would need to be oversized to
accommodate these flows. Grapevine agrees to reimburse Coppell for
engineering studies associated with the oversizing in an amount not to
exceed $50,000. Coppell will provide a summary report detailing
improvements including construction and ongoing operating costs.
Staff recommends approval
INTERLOCAL AGREEMENT BETWEEN THE CITY OF GRAPEVINE, TEXAS AND THE CITY OF COPPELL, TEXAS
FOR AN EMERGENCY WATER INTERCONNECT & SANITARY SEWER STUDIES
STATE OF TEXAS §
COUNTY OF TARRANT §
This Agreement is entered into by and between the City of Grapevine, Texas, a home rule
municipality located in Tarrant County, Texas, operating herein by and through its duly authorized Mayor,
William D. Tate, and the City of Coppell, Texas, a home rule municipality located in Dallas County, Texas,
operating herein by and through its duly authorized Mayor, Wes Mays.
A.
DEFINITIONS
I. "Force majeure" is an act of God or a public enemy, war, riot, civil commotion, insurrection,
terrorism, strike (unless caused by acts or omissions of the party asserting same), governmental or de
facto governmental regulatory or eminent domain action (unless caused by acts or omissions of the party
asserting same), fire, drought, explosion, flood, or other natural catastrophe.
2. "Grapevine" is the City of Grapevine, a home -rule municipality located in Tarrant, Dallas and
Denton Counties, Texas.
3. "Coppell" is the City of Coppell, a home- rule municipality located in Dallas and Denton Counties,
Texas.
4. "The "Interconnect" is an emergency potable water connection to serve Grapevine and Coppell
as shown on the map attached hereto and incorporated herein as Exhibit A.
5. "The Hilton Lift Station Basin" is the sanitary sewer basin of 2,179 acres as shown on the map
attached hereto and incorporated herein as Exhibit B.
RECITALS
WHEREAS, the Coppell seeks an emergency water connection to serve its residents in case if
delivery issues, or a critical loss of pressure, from its primary sources; and
WHEREAS, Grapevine seeks an alternate route for wastewater flows generated from the Hilton
Lift Station Basin; and
WHEREAS, Grapevine and Coppell are both customers of the Trinity River Authority Central
Regional Wastewater System; and
WHEREAS, each party paying for the performance of governmental functions or services under
this Agreement must make those payments from current revenues; and
WHEREAS, Chapter 791 of the Texas Government Code (the "lnterlocal Cooperation Act")
authorizes municipalities to enter into interlocal agreements for the providing of governmental functions
and services, including but not limited to, provision of residential water service; and
WHEREAS, the parties hereto deem it to be to their mutual benefit and to the benefit of the
health, safety and welfare of their respective citizens to enter into this lnterlocal Cooperation Agreement
under the terms and conditions set forth herein;
NOW THEREFORE, in consideration of the foregoing, and on the terms and conditions hereinafter
set forth, Grapevine and Coppell, for good and valuable consideration, specially, the mutual promises and
agreements contained herein, do hereby contract, covenant and agree as follows:
C.
TERM OF AGREEMENT AND CONDITIONS PRECEDENT
That Grapevine and Coppell do hereby covenant and agree as follows:
1. Hilton Lift Station Basin. Grapevine will agree to reimburse Coppell for engineering studies
associated with oversizing of Coppell sanitary sewer facilities including gravity mains and lift
stations to accommodate the flows from the Hilton Lift Station Basin. Such flows are
estimated at 0.67 MGD with a peak flow of 2.4 MGD. Reimbursements to Coppell underthis
item shall not exceed $50,000. Coppell agrees to provide Grapevine a summary report
detailing necessary improvements including construction and ongoing operation costs.
2. Interconnect. Coppell agrees to design and construct, at its sole cost, an interconnect to allow
for Grapevine to provide emergency potable water as needed. All specifications for the
construction of the interconnect, maintenance, and operations are detailed in the
Maintenance and Operation document attached hereto and incorporated as Exhibit C.
3. Payment. Grapevine agrees to make payment to Coppell within a reasonable length of time
estimated at 30 days after receipt of the billing.
4. Construction. Coppell agrees that the construction to be done within Grapevine shall be in
accordance with Grapevine's Code of Ordinances including, but not necessarily limited to,
construction standards, providing proper barricades, traffic control during construction,
detours and project clean up after the contractor is completed.
S. Maintenance. The cities agree that each respective city will provide maintenance on their
section of waterline serving the Interconnect. Maintenance of the Interconnect is detailed in
Exhibit C within their respective corporate boundaries.
6. Indemnification & Hold Harmless. To the extent allowed by law, Grapevine agrees to
indemnify and hold Coppell harmless from any claim by a third party for damages arising from
or resulting from the construction or maintenance, in accordance with terms set forth in this
agreement, of any portion of the Project lying in the City of Grapevine.
To the extent allowed by law, Coppell agrees to indemnify and hold Grapevine harmless from
any claim by a third party for damages arising from or resulting from the construction or
maintenance, in accordance with terms set forth in this agreement, of any portion of the
Project lying in the City of Coppell. The provisions of these indemnifications shall not apply to
acts of gross negligence or willful misconduct by the indemnified party.
8. Regulatory control. It is understood and agreed by the parties hereto that the development
regulations of the city in which facilities are located shall be applicable to construction,
maintenance, and operation of such facilities.
9. No joint enterprise. No provision of this Agreement shall be construed to create any type of
joint ownership of any property, nor shall same be deemed to create a partnership, joint
venture or other agreement which would be construed as granting partial control, ownership
of or equity in the facilities described herein. It is understood and agreed that the facilities
operated by Coppell shall be owned and controlled by Coppell, and that the facilities operated
by Grapevine shall be owned and controlled by Grapevine. Furthermore, the parties hereto
acknowledge and agree that the doctrine of respondent superior shall not apply between the
cities.
10. Notice. Any notice, communication or request provided or permitted to be given by either
party to the other party must be in writing and addressed as follows:
If Coppell:
City of Coppell
Attention: City Manager
255 E. Parkway Boulevard
Coppell, Texas 75019
If to Grapevine:
City of Grapevine
Attention: City Manager
P. 0. Box 95104
Grapevine, Texas 76099
or to such other addresses as may be provided for in writing from time to time.
11. No waiver of immunity or defenses. This Agreement is made pursuant to Chapter 791 of
the Texas Government Code. It is expressly understood and agreed that in the execution of
this Agreement, neither city 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. This section shall be liberally construed to carry out
the intent of the city councils of Coppell and Grapevine, and the cities do hereby invoke and
preserve said governmental immunity to the greatest extent possible under the law.
12. No third party beneficiaries. It is understood by the parties that this Agreement is entered
into for the mutual convenience and purposes of the cities which are parties hereto, and it
is the parties' intent that no other parties shall be construed as beneficiaries of this
Agreement, including the owners, residents, or operators of property located in either the
Grapevine Area or the Coppell area, regardless of whether such persons are anticipated to
be customers under this Agreement.
13. Entire Agreement. This Agreement, including any exhibits attached and made a part hereof,
is the entire Agreement between the parties and supersedes all prior or contemporaneous
understandings or representations, whether oral or written, respecting the subject matter
herein.
14. Venue. This Agreement shall be construed under the substantive laws of the State of Texas,
without reference to its choice of law provisions. This Agreement shall be fully performable
in Tarrant County, Texas, and the exclusive venue for any action arising under state law
under this Agreement shall be the District Courts of Tarrant County, Texas. If any action
relating to this Agreement is not properly brought in state court, venue shall be the United
States District Court for the Northern District of Texas.
15. Severability. In the event any section, subsection, paragraph, subparagraph, sentence,
phrase, or word herein is held invalid, illegal, or unenforceable, the balance of this
Agreement shall be enforceable, and shall be read as if the parties intended at all times to
delete said invalid section, subsection, paragraph, subparagraph, sentence, phrase, or
word. In such event there shall be substituted for such deleted provision a provision as
similar in terms and in effect to such deleted provision as may be valid, legal and
enforceable.
16. Authority. This Agreement was authorized by the Coppell City Council at its regular meeting
on the 13' day of December 2022, authorizing the Coppell City Manager to execute this
Agreement on behalf of the City of Coppell, and by the Grapevine City Council at its regular
meeting on the 15`' day of November 2022, authorizing the Grapevine City Manager to
execute this Agreement on behalf of the City of Grapevine.
17. Section or Other Headings. Section or other headings contained in this Agreement are for
reference purposes only and shall not affect in any way the meaning or interpretation of
this Agreement.
18. Amendment. This Agreement may only be amended, altered, or revoked by written
instrument signed by the parties to such amendment.
19. Interpretation. Both parties acknowledge that each party has had an opportunityto review
this Agreement in full, discuss it with legal counsel, and negotiate regarding the tern s.
Therefore, in the event of any dispute over its meaning or application, regardless of the
actual drafter or scrivener of this Agreement, this Agreement shall be interpreted fairly and
reasonably, and not construed in favor of nor against any party.
20. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original, but all of which shall constitute one instrument.
21. Force Majeure. If, by reasons of Force Majeure, any party will be rendered wholly or
partially unable to carry out its obligations under this Agreement after its effective date,
then such party will give written notice of the particulars of such Force Majeure to the other
party or parties within a reasonable time afterthe occurrence of such event. The obligations
of the party giving such notice, to the extent affected by such Force Majeure, will be
suspended during the continuance of the inability claimed and for no longer period, and
any such party will in good faith exercise its best efforts to remove and over come such
inability.
22. Mutual Assistance. The parties hereto agree to take all reasonable measures which are
necessary or appropriate to carry out the terms and provisions of this Agreement and to aid
and assist each other in carrying out such terms and provisions.
23. Recitals. The recitals to this Agreement are incorporated herein, and are intended to aid in
the interpretation of this Agreement.
24. Exhibits. All exhibits to this Agreement are incorporated herein by reference for all
purposes wherever reference is made to the same.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
EXECUTED this day of 2022.
CITY OF GRAPEVINE
By:
Bruno Rumbelow, Grapevine City Manager
ATTEST:
Tara Brooks, Grapevine City Secretary
APPROVED AS TO FORM AND LEGALITY:
Matthew Boyle, Grapevine City Attorney
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
EXECUTED this day of , 2022.
CITY OF COPEELL
m
Wes Mays, Mayor
ATTEST:
Ashley Owens, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Robert Hager, City Attorney
Exhibit "A"
Grapevine/Coppell Emergency Water Interconnect
THIS DOCUMENT IS INCOMPLETE
AND RELEASED TEMPORARILY
FOR INTERM REVIEW ONLY. IT IS
NOT INTENDED FOR CONSTRUCTION,
BIDDING, OR PERMIT PURPOSES,
CARL T. DeZEE, P.E.
SERIAL NO. 87685
DATE: OCTOBER 2022
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EXHIBIT A
CITY OF GRAPEVINE
GRAPEVINE/COPPELL
EMERGENCY WATER
INTERCONNECT
Exhibit "B"
Hilton Lift Station Basin
I THIS DOCUMENT IS INCOMPLETE
AND RELEASED TEMPORARILY
FOR INTERM REVIEW ONLY. IT IS
NOT INTENDED FOR CONSTRUCTION,
BIDDING, OR PERMIT PURPOSES.
CARL T. DeZEE, P.E.
SERIAL NO.87695
DATE: 2022
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Exhibit "C"
Standard ❑perating Procedure
EXHIBIT C MAINTENANCE AND OPERATION
STANDARD OPERATING PROCEDURE for the EMERGENCY WATER INTERCONNECTION
between the CITY OF COPPELL and CITY OF GRAPEVINE, TX
Rev. NOVEMBER 28, 2022
This document describes the standard operating procedure to activate the emergency
interconnect located on Bethel Road between the Cities of Coppell and Grapevine. A summary
of the system, important components, maintenance information, and order of operation is
provided.
SYSTEM INFORMATION
The interconnection between the City of Coppell and City of Grapevine is to be used for
emergency scenarios to provide water between the two cities. Both the City of Coppell and
the City of Grapevine are able supply water through the interconnect. The emergency demand
for this system is a maximum of 2.0 million gallons a day (MGD). This interconnection is located
along Bethel Road near the City of Grapevine City Limits.
The interconnection will consist of a magnetic flow meter, isolation valves, and sampling ports
housed in a concrete vault. The associated water line is 12" PVC pipe beyond the limits of the
vault and 12" ductile iron pipe within the vault. A 12" mag meter provides bi-directional flow
measurements and logs the flow data for local download and reporting. The receiving city will
take custody of the water at the location of the flow meter. Valves on both sides of the meter
are to be closed whenever an emergency water supply is not required.
MAINTENANCE INFORMATION
The City of Coppell will be responsible for maintenance and operation of the water line,
including related appurtenances such fire hydrants and valves, from the interconnection
meter to the east of the vault on Bethel Road. The City of Grapevine will be responsible for
the operation and maintenance of the water line and related appurtenances from the
interconnection meter to the west of the vault on Bethel Road. The two cities will have equal
and shared ownership of the meter vault. However, it will be the responsibility of the City of
Coppell to maintain the meter. Both cities are permitted to access the meter vault for
operation but must notify the other party in advance. All other requirements outlined in the
Interlocal Agreement between the City of Coppell and the City of Grapevine apply.
Bi-annual inspection and lubrication of all components is recommended. Valves should be
operated regularly and according to manufacturer recommendations to ensure proper
operation. Fire hydrants should follow routine maintenance as outlined in AWWA M17: M17
Standard Operating Procedure —CLV19169
November 28, 2020
Fire Hydrants: Installation, Field Testing, and Maintenance (51 edition). Fire hydrants should
be flushed for several minutes at least twice a year. 2-inch corporation stops are provided on
either side of the meter for chlorine residual sampling. If the flow measurements are unstable
or the meter sensor is displaying an error, recalibrate the sensor according to the
manufacturer's specifications or contact technical support.
IMPORTANT COMPONENTS
Referring to the plan sheets, important components include:
A. 12" Gate Valve 1 (outside vault)
B. 12" Gate Valve 2 (outside vault)
C. Two-way magnetic flow meter
D. 12" Gate Valve 1(inside vault)
E. 12" Gate Valve 2 (inside vault)
F. Fire Hydrant Assembly 1(Coppell)
G. Fire Hydrant Assembly 2 (Grapevine)
H. 6" Gate Valve 1 (for FH assembly)
I. 6" Gate Valve 2 (for FH assembly)
J. 2" Corp Stop 1 (Coppell)
K. 2" Corp Stop 2 (Grapevine)
L. 12" Removable DI Spool Piece
STANDARD OPERATING PROCEDURE
The standard operating procedure established below should be followed to activate the
emergency interconnection. If the City of Grapevine is providing water to the City of Coppell,
the Operating Procedure for the emergency interconnection shall be as follows:
1. Ensure the 12" Gate Valve west of the meter vault is open
2. Open the 12" Gate Valve inside the meter vault west of the meter
3. Open the 12" Gate Valve inside the meter vault east of the meter
4. Open the 6" Gate Valve that is part of fire hydrant assembly on the City of
Grapevine's side of the interconnect
5. Flush the water line from through City of Grapevine Fire Hydrant for at least five (5)
minutes
6. Close the 6" Gate Valve on City of Grapevine Fire Hydrant
7. Use Corp Stop on City of Coppell side of the meter vault to take any necessary water
samples
8. With the interconnection now open, verify the magnetic flow meter is correctly
reading the flow according to the manufacturer's preferred operating procedure
Standard Operating Procedure—CLV19169
November 28, 2020
When the interconnection is not needed, the deactivation process shall be as follows:
1. Open the 6" Gate Valves that are part of both fire hydrant assemblies
2. Close 12" Gate Valves inside the meter vault
3. Close the 6" Gate Valves that are part of both fire hydrant assemblies
4. If the interconnection meter will not be used for a period, replace the magnetic
flow meter with an 12" Removable DI Spool Piece