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HomeMy WebLinkAboutItem 15 - Trinity River AuthorityMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER 0 - MEETING DATE: FEBRUARY 2, 2016 SUBJECT: INTERLOCAL AGREEMENT BETWEEN THE TRINITY RIVER AUTHORITY AND CITY OF GRAPEVINE RECOMMENDATION: City Council consider approving an Interlocal Agreement with the Trinity River Authority of Texas and appropriating funds in an amount of $20,000 for the funding participation in the design and construction of City monitoring improvements at TRA's Colleyville East/Grapevine West Meter Station which serves the City of Grapevine, and take any necessary action. FUNDING SOURCE: Funds are available for this project in account 200-43360-534-0 W PCMF. Trinity River Authority (TRA) owns and operates the Tarrant County Water Supply Project (TCWSP) that supplies drinking water to the cities of Bedford, Colleyville, Euless, and portions of Grapevine and North Richland Hills. As part of water system upgrades at its Colleyville East/Grapevine West Meter Station site, TRA intends to rehab this meter/pump station by replacing existing meters, removing booster pumps, and reworking mechanical/electrical equipment. TRA provides approximately 70 percent of Grapevine's drinking water, while the other 30 percent is produced from Grapevine Lake at the City's Water Treatment Plant. City staff monitors water quality produced at the plant and checks water quality throughout the distribution system at the City's elevated storage tanks through the use of water analyzers. To complete the process of monitoring the water quality within the City's distribution system and from TRA, the City will install water analyzer equipment at the two TRA meter delivery points. This first location works well with TRA in conjunction with its upcoming rehab project at this location due out in April, 2016. Staff is still working with TRA on installation of the second location. The estimated cost for the design and construction of the City's monitoring equipment is estimated at $20,000. TRA has agreed to incorporate this work into its final bid documents with the bidding and award for construction for the TCWSP Facility Improvements Project Staff recommends approval. 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 February 24, 2016, by and between the TRINITY RIVER AUTHORITY OF TEXAS, with its principal office at 5300 South Collins Street, Arlington, Tarrant County, Texas 76018, a conservation and reclamation district operating pursuant to special and general law (AUTHORITY), and CITY OF GRAPEVINE, a home -rule municipal corporation, with its principal office at 200 South Main Street, Grapevine, Tarrant County, Texas 76051 (CITY). WHEREAS, this Interlocal Agreement (AGREEMENT) is made by and between the AUTHORITY and CITY, under the authority granted each by the Interlocal Cooperation Act, Texas Government Code Chapter 791, which authorizes municipalities and districts to contract with one another for the performance of governmental functions and services under the terms of that act; and WHEREAS, the AUTHORITY owns and operates the Tarrant County Water Supply Project (TCWSP) that supplies water to the cities of Bedford, Colleyville, Euless, and portions of Grapevine and North Richland Hills; and WHEREAS, the Colleyville East/Grapevine West Meter Station supplies treated drinking water to both the City of Colleyville and City of Grapevine; and WHEREAS, the AUTHORITY intends to construct improvements at the Colleyville East/Grapevine West Meter Station site as part of the TCWSP Facility Improvements and Rehabilitation Project in the CITY, which will consist of the removal and replacement of existing venturi meters and the removal of existing booster pumps (AUTHORITY'S PROJECT); and WHEREAS, the CITY proposes to install and maintain water quality monitoring equipment and relocate its existing SCADA pack flow monitoring device to the new outdoor panel (CITY PROJECT), as part of the AUTHORITY'S PROJECT; and WHEREAS, the CITY has agreed to provide all the necessary water quality monitoring equipment to the contractor selected by the AUTHORITY to construct the AUTHORITY'S PROJECT, at the CITY'S cost, and the CITY will pay for 100 percent of the cost for the installation of the CITY PROJECT, which is estimated at $16,000; and WHEREAS, the AUTHORITY has agreed to incorporate the CITY PROJECT into its final plans and specifications, and the bidding and award for construction of the AUTHORITY'S PROJECT; 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 the governmental functions as described in this AGREEMENT. NOW THEREFORE, for and in consideration of the mutual covenants, terms and conditions set forth herein, and the mutual benefits to each party, the receipt and sufficiency of which are hereby acknowledged, the AUTHORITY and CITY agree as follows: 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 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. "CITY PROJECT" means the CONSTRUCTION required for or related to the water quality monitoring equipment and relocation of the CITY'S existing SCADA pack flow monitoring device to a new outdoor panel which will be incorporated into the AUTHORITY'S PROJECT; and C. "PROJECT COSTS" mean all costs and expenses incurred by the AUTHORITY in relation to the development and CONSTRUCTION of the CITY PROJECT; II. OBLIGATIONS OF THE CITY A. The CITY shall provide the design of the water quality monitoring equipment for the Colleyville East/Grapevine West Meter site which will be incorporated into the plans and specifications of the AUTHORITY'S PROJECT; B. The CITY shall provide the specifications and plans for the CITY PROJECT to the AUTHORITY by January 18, 2016, in order that they may be included within the AUTHORITY'S PROJECT; C. The CITY is responsible for all PROJECT COSTS incurred during CONSTRUCTION including, but not limited to, AUTHORITY inspection costs, change orders and delay costs associated with the CITY PROJECT; 2 D. The CITY will coordinate all sanitary sewer line connections associated with the operation of the CITY PROJECT, and shall apply for any permits required for the CONSTRUCTION or operation of the CITY PROJECT. The necessary sanitary sewer line connections shall be in place prior to CONSTRUCTION of the CITY PROJECT; E. All costs associated with the operation of the CITY PROJECT shall be borne exclusively by the CITY; F. Upon bid opening by the AUTHORITY, the CITY shall be entitled to accept or reject the portion of the bid associated with the CITY PROJECT within seven calendar days. If the CITY accepts the bid within that time period, the AUTHORITY will award the AUTHORITY'S PROJECT including the CITY PROJECT. If the CITY rejects the bid or fails to act within that seven-day period, the AUTHORITY'S PROJECT will be awarded without the CITY PROJECT; G. The CITY must execute a permit with the AUTHORITY on the required form prior to the CONSTRUCTION of the CITY PROJECT, which shall remain in effect during the CITY PROJECT'S operation; and H. During the CONSTRUCTION and operation of the CITY PROJECT, the CITY must contact the AUTHORITY and receive authorization prior to accessing the site. The CITY shall ensure the site is secured prior to leaving the site. Any access lasting longer than six hours shall be coordinated no less than seven days in advance with the AUTHORITY. If the CITY requires any outside vendor to service CITY PROJECT equipment, the CITY will remain with the vendor for the duration of the service call and will inform AUTHORITY of the contractor's presence on the site. III. OBLIGATIONS OF THE AUTHORITY A. The AUTHORITY is responsible for the advertisement for bids, award of bid and construction administration during the CONSTRUCTION of the CITY PROJECT; B. The AUTHORITY shall execute the CONSTURCTION of the CITY PROJECT as part of the CONSTRUCTION of the AUTHORITY'S PROJECT, subject to the CITY'S acceptance as specified in Section II.F.; and C. The AUTHORITY agrees and does hereby grant the CITY the right to access and work within the AUTHORITY'S rights-of-way and any AUTHORITY -owned construction or permanent easements for the purposes of inspecting or maintaining CITY equipment as part of the CITY PROJECT. IV. FISCAL PROVISIONS A. The CITY shall be responsible for all PROJECT COSTS incurred by the AUTHORITY as a result of the CONSTRUCTION of the CITY PROJECT. If the CITY accepts the bid as specified above in Section II.F., the CITY shall deposit 3 with the AUTHORITY, no later than April 15, 2016, an amount equal to the bid amount associated with CONSTRUCTION of the CITY PROJECT, together with an amount estimated by the AUTHORITY associated with other PROJECT COSTS; B. The AUTHORITY shall create on its books a separate account to be known as the "Tarrant County Water Supply — Water Quality Monitoring Construction Fund (CONSTRUCTION FUND). The CONSTRUCTION FUND shall be maintained and applied by the Authority for the sole purpose of paying PROJECT COSTS associated with the CITY PROJECT; C. The CITY shall be responsible for any adjustments in the CONSTRUCTION FUND as determined by the AUTHORITY, including but not limited to adjustments necessitated by change orders associated with the CITY PROJECT. If such adjustments require the deposit of additional funds, the AUTHORITY shall invoice the CITY and the CITY shall furnish such additional funding within 30 days of receipt of such invoices; and D. Upon final completion of the AUTHORITY'S PROJECT, the AUTHORITY shall conduct a final cost accounting to determine the extent of any remaining unspent funds in the CONSTRUCTION FUND. To the extent there is money remaining in the CONSTRUCTION FUND after all PROJECT COSTS have been paid, the amount of remaining funds will be returned to the CITY. To the extent the remaining funds are insufficient to pay all PROJECT COSTS associated with the CITY PROJECT, the AUTHORITY will submit an invoice for payment to the CITY and the CITY shall pay the AUTHORITY for such additional costs within 30 days of receipt of notice. V. INDEMNIFICATION AND HOLD HARMLESS To the extent allowed by law and subject to and without waiving defenses or immunities under Texas law, each of the parties hereto agree to indemnify and hold one another harmless from any claim by a third party for damages arising from or resulting from the performance of this AGREEMENT. VI. NOTICES Any notice required to be given under this AGREEMENT shall be deemed to have been received upon deposit in the United States mail in an envelope with sufficient postage and properly addressed to the other party as follows: M TO THE AUTHORITY: Trinity River Authority of Texas P.O. Box 240 Arlington, Texas 76004-0240 Attention: Ms. Fiona M. Allen, P.E. Regional Manager, Northern Region TO CITY OF GRAPEVINE: City Manager P.O. Box 95104 Grapevine, Texas 76099 Attention: Mr. Bruno Rumbelow City Manager A change of address may be made by either party upon the giving of prior written notice. VII. MISCELLANEOUS A. This AGREEMENT shall be binding upon and inure to the benefit of the parties hereto and their respective successors, and assigns; B. This AGREEMENT constitutes the sole and only AGREEMENT of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter hereof; C. No amendment, modification, or alteration of the terms hereof shall be binding unless the same is in writing, dated subsequent to the date hereof and duly executed by the parties; D. This AGREEMENT may be executed concurrently in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument; E. In case any one or more of the provisions contained in this AGREEMENT shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein; F. All remedies provided for in this contract are in addition to, not in substitution of, all remedies of the parties at law or in equity. All remedies are intended to be cumulative, and a party to this contract may pursue the remedies provided for in this AGREEMENT and all remedies at law or in equity at the same time; and 5 G. All payments made by the parties to this contract shall be paid from current revenues. VIII. TERM OF AGREEMENT This AGREEMENT shall be effective upon execution hereof and shall continue in force and effect until day of 2016 or until the CITY furnishes the payment required by Section IV to the AUTHORITY; BRUNO RUMBELOW, City Manager City of Grapevine J. KEVIN WARD, General Manager Trinity River Authority of Texas TARA BROOKS, City Secretary HOWARD S. SLOBODIN, Secretary City of Grapevine Board of Directors APPROVED BY CITY OF GRAPEVINE COUNCIL: Date Date Approved as to Form and Legality: NAME City Attorney M HOWARD S. SLOBODIN General Counsel 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, REVISING THE ADOPTED CAPITAL IMPROVEMENTS BUDGET FOR THE FISCAL YEAR ENDING IN 2016, PROVIDING FOR THE TRANSFER OF THE FUNDS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Grapevine desires to maintain its water infrastructure with regular maintenance, repairs and updates as necessary; and WHEREAS, funding for the update of water monitoring and communication equipment necessitated by the upgrades to Trinity River Authority's (TRA) meter station improvements within the City of Grapevine is not currently included in the Fiscal Year 2015- 2016 Capital Improvements Plan Budget; and WHEREAS, maintenance, repairs and updating the water monitoring system is necessary to insure continued optimum operation of the City's water distribution system. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated in the preamble of this ordinance are true and correct and are hereby incorporated into the body of this ordinance as if copied in their entirety. Section 2. That the City Council hereby authorizes an amount of $20,000 be appropriated from the City's Utility Enterprise Capital Improvements Fund to the Fiscal Year 2015-2016 Capital Improvements Plan Budget for design and construction of water monitoring and communication equipment. Section 3. That a copy of the Improvements Plan Budget document shall and on the City of Grapevine website. revised Fiscal Year 2015-2016 Capital be kept on file in the City Secretary's Office Section 4. That the terms and provisions of this ordinance shall be deemed to be severable, and that if the validity of any section, subsection, word, sentence or phrase shall be held to be invalid, it shall not affect the remaining part of this ordinance. Section 5. That the fact that the present ordinances and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety, and general welfare which requires that this ordinance shall take effect immediately from and after its passage and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 2nd day of February, 2016. 09=60*91 ATTEST: ORD. NO. 2