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
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Items
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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
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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
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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.
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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.
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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
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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