HomeMy WebLinkAboutResolution No. 04-58 CITY OF THE COLONY, TEXAS
RESOLUTION NO. 04- 5 ~
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERLOCAL COOPERATION AGREEMENT BETWEEN THE
CITY OF THE COLONY AND THE CITIES OF CARROLLTON
AND LEWIS¥ILLE FOR CONSTRUCTION, OPERATION AND
MANTENANCE OF A WATER TRANSMISSION MAIN;
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1. That the City Manager of the City of The Colony, Texas, is hereby
authorized and empowered to execute an Interlocal Cooperation Agreement with the
cities of Carrollton and Lewisville for construction, operation and maintenance of a water
transmission main, in an amount not to exceed $5,600,000.000.
Section 2. That a true and correct copy of the Interlocal Cooperation Agreement is
attached hereto and incorporated herein.
Section 3. That this resolution shall take effect immediately from and after its
passage.
PASSED AND APPROVED by the City Council of the City of The Colony,
Texas, this 2nd day of August, 2004.
ATTEST:
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF CARROLLTON, THE CITY OF THE COLONY, AND THE CITY
OF LEWISVILLE FOR ENGINEERING SERVICES, RIGHT OF WAY ACQUISITION,
CONSTRUCTION, AND OPERATION AND MAINTENANCE OF A WATER
TRANSMISSION MAIN
WHEREAS, the City of Carrollton, Texas ("Carrollton"); the City of The Colony, Texas
("The Colony") and the City of Lewisville, Texas ("Lewisville") collectively referred to as
"Parties", desire to enter into an agreement concerning engineering services, fight of way
acquisition, construction of improvements and operation and maintenance of a water transmission
main fi.om the City of Dallas Elm Fork Water Treatment Plant to the Carrollton Northern Pump
Station (the "Project") in Denton County, Texas; and,
WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791, as
amended) authorizes any local government to contract with one or more local governments to
perform governmental functions and services under the terms of the Act; and,
WHEREAS, Carrollton, The Colony, and Lewisville have existing agreements with the City
of Dallas for the purchase of treated water to be transported though the Project; and,
WHEREAS, Carrollton, The Colony, and Lewisville have determined that the
improvements may be most economically implemented by this Agreement.
NOW, THEREFORE, in consideration of the mutual premises, covenants and conditions
contained herein, this Agreement is made and entered into by Carrollton, The Colony, and
Lewisville as follows:
WlTNESSETH:
ARTICLE I.
1.I Carrollton shall contract with an engineering firm to provide engineering services for a
delivery point and transmission main to transport water fi.om the Dallas Elm Fork Water Treatment
Plant to the Carrollton Northern Pump Station, hereinafter, called "Project." Project shall consist of
a meter station located at the Dallas Elm Fork Water Treatment Plant, piping, and other related
improvements to transport treated water from the City of Dallas to the Carrollton Northern Pump
Station, and Dallas Water Utilities deduct meter stations for delivery of water to The Colony and
Lewisville. Carrollton shall provide The Colony and Lewisville with a copy of the executed
engineering services agreement for Project. The engineering services of the Project shall include,
but not be limited to, surveying for engineering, easements and right of way, traffic control plan, a
preliminary engineering report regarding the alignment, utility coordination, and final engineering
design and opinion of probable construction costs.
ARTICLE II.
2.1 Carrollton shall acquire the required fight of way and easements within Carrollton's
corporate limits for the construction of Project. The right of way acquisition for the Project shall
include, but not be limited to, parcel descriptions and maps, appraisals, monumenting parcels,
title and recording fees, and legal expenses. The Colony and Lewisville will each reimburse
Carrollton for the right of way and easement acquisition costs, except those necessary for
location of the Dallas Water Utilities deduct meter stations for which The Colony and Lewisville
will be fully responsible respectively, as provided under Art. 4.1 of this agreement.
ARTICLE III.
3.1 Carrollton shall bid and award a contract to construct the Project and administer the
construction contract for Project. In all such activities, Carrollton, The Colony, and Lewisville shall
comply with all state statutory requirements. The construction of Project shall include, but not be
limited to, pay items and unit costs, materials testing, inspection and construction engineering and
contingencies. A contract will not be awarded with any contractor or bonding company currently in
a law suit with the Parties.
3.2 Carrollton will submit Project plans and specifications to The Colony and Lewisville for
review.
3.3 Upon request of any Party, meetings shall be established to discuss the design, progress, or
other issues related to the Project.
3.4 Carrollton shall be responsible for ensuring the Project carries payment, maintenance, and
performance bonds to cover the total costs of the Project and insurance.
ARTICLE IV.
4.1 Carrollton, The Colony and Lewisville agree to pay their pm-rata share of the actual costs of
constructing, operating and maintaining the project, including engineering and right-of-way
acquisition costs, in proportion to the capacity each is entitled to in any particular segment of the
project. Exhibit 1 to this agreement includes the proportion for each segment of the project and
shall be used to determine pro-rata shares of design and construction costs. Should needs specific
to one party require additional facilities including, but not limited to, larger pipe size, additional
pipe length, or land acquisition, such additional costs will be the sole responsibility of that party.
4.2 The Colony and Lewisville shall remit to Carrollton 100 percent of each city's share of
Project costs thirty (30) days prior to the expected construction contract award date included in the
bid documents.
4.3 Inspection sexMces for the Project will be provided by Carrollton.
4.4 Following completion of the Project, Carrollton shall provide to The Colony and Lewisville
a final accounting of expenditures for Project. Carrollton's, The Colony's, and Lewisville's
obligations shall be based on the final actual costs for engineering services and construction. The
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Colony and Lewisville shall be responsible for 100 percent of the engineering, construction,
easements, right of way acquisition, and contingencies attributed to the deduct meter station for each
city. The Colony and Lewisville shall each reimburse Carrollton for 35.3% of the cost of the route
study for the Project.
4.5 The proceeds and expenditures for this Project shall be accounted for by Carrollton in
separate capital projects funds referred to hereafter as the "Funds". Proceeds from each of the
three cities shall be accounted for separately and expenditures related to the project shall be
allocated to each city in accordance with Article IV of this agreement. All available moneys from
the "Funds" shall be invested in accordance with the Carrollton's Investment Policy and the
Public Funds Investment Act. Any interest earned on invested funds shall be allocated monthly
to the "Funds" using the same methodology and rates of return as similarly invested city funds.
Upon completion of the project, any remaining balances including allocated interest will be
returned to each of the cities based on their pro-rata share as specified in Article iV. If the
participating cities elect to use tax exempt debt to fund this project, each city will be individually
responsible for arbitrage related calculations and reporting. Accounting records necessary to
calculate arbitrage liabilities will be furnished to the cities upon request.
4.6 Carrollton agrees to grant The Colony reasonable access to the deduct meter located at the
Carrollton Northern Pump Station for the purpose of connecting to the transmission main
constructed pursuant to this Agreement.
4.7 Upon notice to Carrollton, Carrollton shall, according to applicable local ordinances,
schedule Lewisville and The Colony access to any necessary city Rights-of-Way or easements for
the purpose of constructing, installing, and maintaining transmission lines and all necessary
pipelines and improvements. Lewisville and The Colony will repair, replace and return all
property to the condition it was prior to beginning constmction on the property.
ARTICLE V.
5.1 Carrollton shall operate, maintain and repair the transmission main between the Dallas
Elm Fork Water Treatment Plant and entry to the Carrollton Northern Pump Station and will
provide an accounting of the costs quarterly. The Colony and Lewisville's reimbursement of
Carrollton for these costs will be according to the segment pre-rata arrangement shown in Exhibit 1. The
annual operation costs will include a share of calculated line losses.
ARTICLE VI.
6.1 If the total cost of the engineering services and construction for Project exceeds the amount
estimated in Article 1V above and payment for the costs are mutually agreeable among parties,
Carrollton, The Colony, and Lewisville shall share the excess costs, as provided under Art. 4.1 of tiffs
agreement.
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ARTICLE VII.
7.1 Carrollton shall prepare for The Colony and Lewisville an itemized statement specifying
Project costs that have been incurred to date and submit detailed Project cost and progress reports
every thirty (30) days until Project is complete.
ARTICLE VIII
8.1 Carrollton, The Colony, and Lewisville agree that the party paying for the performance of
governmental functions or services shall make those payments only from current revenues legally
available to the paying party.
ARTICLE IX.
9.1 Carrollton shall not be liable in damages for actual and/or consequential damage experienced
by The Colony or Lcwisville resulting from the fiow, pressure or quantity of water through the
Project.
ARTICLE X.
MISCELLANEOUS
10.1 INDEMNIFICATION. To the extent allowed by law, and without waiving any
governmental immunity available to the parties under Texas law, or any other defenses the parties
are able to assert under Texas law, each party agrees to be responsible for its own, negligent or
otherwise tortuous acts or omissions in the course of performance of this Agreement.
10.2 VENUE. The laws of the State of Texas shall govern the interpretation, validity,
performance and enfomement of tlfis Agreement. The parties agree that this agreement is
performable in Denton County and Dallas County, Texas, and that exclusive venue shall lie in
Denton County, Texas.
10.3 SEVERABILITY. The provisions of this agreement are severable. If any paragraph,
section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a court
of competent jurisdiction to be contrary to law or contrary to any role of regulation having the
force and effect of the law, the remaining portions of the Agreement shall be enforced as if the
invalid provision had never been included.
10.4 ENTIRE AGREEMENT. This Agreement embodies the entire Agreement between the
patties, superseding any oral or written prior or contemporaneous agreements or understandings, and
may only be modified in writing by a supplemental agreement executed by both parties.
10.5 IMMUNITY. It is expressly understood and agreed that, in the execution of this
Agreement, neither party waives, nor shall be deemed hereby to have waived any immunity or
defense that would otherwise be available to it against claims arising in the exercise of
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governmental powers and functions. By entering into this Agreement, the parties do not create any
obligations, express or implied, other than those set forth herein, and this Agreement shall not
create any rights in any persons or entities who are not parties to this Agreement.
10.6 TERM. This Agreement shall be effective upon execution by both parties and shall
continue in effect for thirty (30) years. Upon expiration of the terms contained herein, the Parties
agree to enter into good faith negotiations to extend the terms of this agreement for an additional thirty
(30) years.
EXECUTED asofthe i0q4~ dayo~f /~/~lA&n~_ , ~004, pursuant to the City of
Carrollton Council Resolution No. ~-~{ ~;}", dat~ .~ I O ,2004 and City of The
Colony Council Resolution No. 06t-,-T'~ ,dated F--tx~l_. ~;1,, , 2004 and City of
Lewisville Council Resolution No. ~o°o~,~ ?~°~ ~, dated ~,~t~ ~?r ~- ,2004.
APPR/~D AS TO FORM: CITY OF CARROLLTON
By:OilYAtt~t°mey/ By:. ~r~
/'" ~ Assistant Cit~ Mmlager
APPROVED AS TO FORM: CITY OF THE COLONY
~ ~ity Attc~me~ I ~.City Manager
APPROVED AS TO FO, RI~ CITY OF LEWISVILLE
By: ~ity Atto~)/ (/ ~ By: City Manager
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BOBBY BALLARD
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~'~ I C~RROI £ ?ON
~ DWU WATER j '
~ TREATMENT PLANT I I
~,,~-~.-~L~.'7 j DL~pDuCN CLINr_ I CITY OF CARROLLTON, TEXAS
54"- PUMP STATION #3 MP STATION AND]
62.5 MGD /IGROUND STORAGE ] CITY OF LEWISVILLE, TEXAS
CITY OF THE COLONY, TEXAS
BARROLL TON- 3Z 5 MGO. (52. 0,%)
LEWISV/LLE-15.0 MGO (24.0%.) DALLAS SUPPLY LINE
THE COLONY-15.0 MCD (24.0X) PROPOSED ROUTE/CAPACITIES
BIRKHOFF, HE~DRICKS & CONWAY, LLP. JUNE. 2004