Item 9A Memo
Item 9A
Page 1 of 2
M E M O R A N D U M
(January 19, 2021)
To: Shana Yelverton, City Manager
From: Rob Cohen, Director of Public Works
Subject: Approve an Interlocal Agreement (ILA) with the City of
Colleyville for shared costs and maintenance of facilities
necessary to interconnect the City of Colleyville’s proposed
water line extension along Pleasant Run Road to the City of
Southlake’s existing water main near the bridge for South White
Chapel Boulevard at Bear Creek.
Action
Requested: Approve an Interlocal Agreement (ILA) with the City of Colleyville for
shared costs and maintenance of facilities necessary to interconnect
the City of Colleyville’s proposed water line extension along Pleasant
Run Road to the City of Southlake’s existing water main near the
bridge for South White Chapel Boulevard at Bear Creek.
Background
Information: The purpose of this item is to seek City Council approval of an ILA
with the City of Colleyville for shared costs and maintenance of
facilities necessary to interconnect the City of Colleyville’s proposed
water line extension along Pleasant Run Road to the City of
Southlake’s existing water main near the bridge for South White
Chapel Boulevard at Bear Creek.
The scope of the agreement outlines the Pleasant Run Road water
line extension into the City of Southlake across Bear Creek, and both
municipalities desire to install the interconnection for emergency
preparedness should either municipality ever need an alternate or
supplemental supply. The City of Southlake will reimburse a portion
of design and 50% of construction costs for the facilities described in
the ILA this fiscal year. The total estimated cost to complete design
and construction is $313,000.
Approval of the ILA will authorize staff to include this project as part
of the approved Fiscal Year 2021 CIP Plan.
Financial
Considerations: Funding for the project will consist of residual funds from previously
completed projects and interest earned in the Water Utility CIP
Fund in the amount of $313,000.
Item 9A
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Strategic Link: This item links to the City’s Strategy Map strategic focus areas of
Infrastructure and Partnerships & Volunteerism. It specifically
relates to the City’s Corporate Objectives, B2: Collaborate With
Select Partners To Implement Service Solutions, and F2: Invest to
Provide & Maintain High Quality Public Assets.
Citizen Input/
Board Review: None
Legal Review: The City Attorney has reviewed the agreement.
Alternatives: The City Council may approve or deny the agreement.
Staff
Recommendation: Approve an Interlocal Agreement (ILA) with the City of Colleyville for
shared costs and maintenance of facilities necessary to interconnect
the City of Colleyville’s proposed water line extension along Pleasant
Run Road to the City of Southlake’s existing water main near the
bridge for South White Chapel Boulevard at Bear Creek.
Supporting
Documents: Attachment A: ILA with City of Colleyville
Staff Contact: Rob Cohen, Director of Public Works
PAGE 1 INTERLOCAL AGREEMENT BETW EEN THE CITY OF COLLEYVILLE AND
THE CITY OF SOUTHLAKE
INTERLOCAL AGREEMENT
Between the City of Colleyville and the City of Southlake
This Interlocal Agreement (hereinafter the “Agreement”) is entered into by and between
the CITY OF COLLEYVILLE (hereinafter “Colleyville”) and the CITY OF SOUTHLAKE
(hereinafter “Southlake”), which are both home rule municipal corporations and political
subdivisions of the State of Texas. Colleyville and Southlake are referred to herein as
individually as a “Party” and collectively as the “Parties” herein.
RECITALS
WHEREAS, Southlake and Colleyville desire to execute this Interlocal Agreement
pursuant to the Interlocal Cooperation Act, Chapter 7 91 of the Texas Government Code,
as amended, and in accordance with purchasing statutes regulating the Parties and
subject to availability of current revenues; and
WHEREAS, the Interlocal Cooperation Act authorizes governmental entities to enter into
Interlocal cooperation agreements for administrative and governmental functions and
services; and
WHEREAS, Southlake and Colleyville agree that both Parties shall make payments for
the performance of governmental functions or services under this Agreement from current
revenues then available to the paying Party; and
WHEREAS, the Colleyville and Southlake desire to install, have, and maintain certain
public water facilities within their respective public rights-of-way (defined hereinafter as
the “Project”); and
NOW, THEREFORE, for and in consideration of performance of the mutual covenants,
obligations, and undertakings of and by each of the respective Parties to this Agreement,
Southlake and Colleyville agree as follows:
I.
DEFINITIONS
Unless the context clearly indicates a different meaning, the words and phrases set forth
in this Article I shall have the following meanings when used in this Agreement:
“Colleyville” shall mean the City of Colleyville, Texas.
“Southlake” shall mean the City of Southlake, Texas.
PAGE 2 INTERLOCAL AGREEMENT BETW EEN THE CITY OF COLLEYVILLE AND
THE CITY OF SOUTHLAKE
“Equipment” shall mean the tools, machinery, and motor vehicles used to install the
public water system, including equipment such as a bore rig, trucks, back trailer, or
other such machinery or equipment.
“Effective Date” shall mean the date this Agreement bears the signatures of the
authorized representatives of all of the Parties, whether on one or multiple counterparts.
“Emergency Interconnection Meter Vault” shall mean a below grade vault to house a
12” meter and manually operated valves on both sides of the meter.
“Expiration Date” shall mean the last date of the Initial Term or Renewal Term of this
Agreement, as the case may be.
“Project” shall mean the installation of the public water system in Colleyville and
Southlake in connection with the Pleasant Run Road construction project pursuant to the
terms of this Agreement.
“Rights-of-Way” shall mean the rights-of-way and/or other real property interest within
the incorporated limits of each Party where that Party has lawful access to perform the
work and/or services necessary for the Project.
II.
PURPOSE
The purpose of this Agreement is to memorialize both Parties’ mutual agreement to
extend the Pleasant Run Road construction project and public water facilities installation,
north into the Southlake City Limits, as further described and depicted in Exhibit A.
III.
RESPONSIBILITIES OF THE PARTIES; COST APPORTIONMENT
3.1 Colleyville shall be responsible for the following:
(a) Fifty percent (50%) of all Project construction costs for the interconnect
meter vault, waterline extending from City limits to interconnect meter vault,
contractor mobilization, and the procurement of bonds;
(b) Colleyville’s construction standards will apply to the Project, including those
portions of the Project that extend into Southlake’s City Limits; and
PAGE 3 INTERLOCAL AGREEMENT BETW EEN THE CITY OF COLLEYVILLE AND
THE CITY OF SOUTHLAKE
(c) Upon completion and acceptance of the Project by the Parties, Colleyville
shall operate and maintain the water line from the interconnection meter
vault to the south of the vault (i.e., the area within the Colleyville city limits).
3.2 Southlake shall be responsible for the following:
(a) Fifty percent (50%) of all Project construction costs for the interconnect
meter vault, waterline extending from City limits to interconnect meter vault,
contractor mobilization, and procurement of bonds;
(b) Southlake will appoint a representative that will be responsible for timely
reviewing the design and approving location and placement of equipment
within its right of way; and
(c) Upon completion and acceptance of the Project by the Parties, Southlake
shall operate and maintain the water line from the interconnection meter
vault to the north of the vault (i.e., the area within the Southlake city limits).
3.3 Design Costs; Reimbursement. The Parties acknowledge that the design contract
for the Project has been awarded to Baird, Hampton & Brown. through the City of
Colleyville with a total not-to-exceed amount of $229,720.00. Southlake will reimburse
Colleyville, in the amount of $28,769.00, for the design costs incurred for the
interconnection meter vault design and the waterline design extending from the limits of
the Colleyville/Southlake City Limits Line to the interconnection meter vault in FY 2021.
3.4 Emergency W ater Usage. If it becomes necessary for a Party to use the other
Party’s water in the case of an emergency, the Party using the water shall reimburse the
other Party for the total usage amount at the then current wholesale rate; provided that
no reimbursement shall be required for water used within the first twenty four (24) hours
of the emergency.
3.5 Fiscal Agent. Colleyville shall serve as the fiscal agent of the Parties for purposes
of the Project. Colleyville will review, approve and pay the bills incurred fo r the Project
and will then bill Southlake for their respective shares in FY 2021. Southlake is entitled
to request a copy of any bill for review, prior to or following Colleyville’s payment of the
same; provided that Southlake may not unreasonably delay timely payme nt of any bill
approved for payment by Colleyville. Unless otherwise provided in this Agreement,
Southlake will remit payment to Colleyville within thirty (30) days of receipt of any and all
invoices.
3.6 Rights-of-way. The Parties agree to provide necessary access to their respective
Rights-of-Way for the Project. Neither party shall be responsible for acquiring additional
PAGE 4 INTERLOCAL AGREEMENT BETW EEN THE CITY OF COLLEYVILLE AND
THE CITY OF SOUTHLAKE
rights-of-way, easements, or other property rights wholly located outside of that Party’s
incorporated limits. The Parties will designate a single point of contact for managing
Rights-of-Way issues.
3.7 Parties to be Independent. It is understood and agreed by and between the Parties
that each, in satisfying the conditions of this Agreement, is acting independently, and that
neither assumes responsibility or liability to any third party in connection with these
actions. All work to be performed by the Parties pursuant to this Agreement shall be in
the capacity of an independent local governmental entity, and not as an agent or
employee of the other Party. Each Party shall supervise the performance of its own
personnel and shall be entitled to control the manner and means by which its work and
services are to be performed, subject to the terms of this Agreement.
IV.
DISPUTE RESOLUTION; MEDIATION
4.1 Dispute Resolution. The Parties agree that the Parties will attempt to resolve
disputes relating to the Project and this Agreement in the following manner: (i) first the
Parties will meet to attempt resolution; (ii) if no resolution is achieved, the dispute will be
heard at a meeting of each Parties’ City Manager or designee; (iii) if no resolution is
achieved after the dispute is heard by the designated parties designees, then the dispute
will be heard by an independent mediator; and (iv) if no resolution is achieved after
meeting with a mediator, then the dispute will be resolved in the appropriate Court. Either
Party may proceed directly to Court if this dispute process would unduly delay or interfere
with the Party’s timely filing of one or more causes of action in court.
4.2 Mediation. Should mediation occur, the Parties shall agree on the mediator to be
used and each Party agrees to equally share the cost for the mediator’s services. Each
Party is responsible for its own expenses related to mediation, including legal
representation.
V.
TERM & TERMINATION
5.1 Term. The Initial Term of this Agreement shall be the earlier of completion of the
Project or two (2) years, unless earlier terminated in accordance with the provisions
contained herein. The Parties may agree to additional one (1) year renewal terms of this
Agreement (each a “Renewal Term”) by mutual written agreement any time prior to the
Expiration Date.
5.2 Termination. This Agreement terminates on the Expiration Date, and may, prior to
the Expiration Date, be terminated upon any one or more of the following events:
PAGE 5 INTERLOCAL AGREEMENT BETW EEN THE CITY OF COLLEYVILLE AND
THE CITY OF SOUTHLAKE
(a) by written mutual agreement of both Parties; or
(b) by either Party, after thirty (30) days written notice to the other Party, if for any
reason funds are not expressly and specifically allocated to cover each Party’s
prospective obligations under this Agreement in each Party’s approved budget
in any fiscal year subsequent to that in which each Party’s funds for this
Agreement were first allocated; provided, however, that in no event shall such a
termination be effective earlier than the last date for which the terminating Party’s
funds have already been so allocated under an existing approved budget; or
(c) by either Party in the event the other Party breaches any of the terms or
conditions of this Agreement and such breach is not cured within thirty (30)
calendar days after written notice thereof; provided however, if such breach
cannot reasonably be cured within such thirty calendar (30) day period, such
breaching Party shall be allowed additional time (not to exceed thirty (30)
additional calendar days) to cure such breach, so long as the breaching Party
begins the cure within the initial thirty (30) calendar days and diligently pursues
the cure to completion within sixty (60) calendar days after written notice of such
breach.
5.3 Rights Upon Termination. Upon expiration or termination of this Agreement for any
reason, the Parties shall retain ownership of their respective rights and obligations as set
forth herein. A full and final accounting of all funds, expenditures, and incurred, but not
paid, chares/expenses shall be completed and all remaining net balances and/or
remaining obligations owed hereunder shall be distributed and/or allocated accordingly
within thirty (30) days of the Expiration Date or termination of this Agreement, as the case
may be.
VI.
MISCELLANEOUS
6.1 Notice. Any notice required to be sent under this Agreement must be in writing and
may be served by depositing same in the United States Mail, addressed to the Party to
be notified, postage pre-paid and registered or certified with return receipt requested, or
by delivering the same in person to such Party via a hand -delivery service, Federal
Express or any courier service that provides a return receipt showing the date of actual
delivery of same to the addressee thereof. Notice given in accordance herewith shall be
effective upon receipt at the address of the addressee. For purposes of notice, the
addresses of the Parties are as follows:
PAGE 6 INTERLOCAL AGREEMENT BETW EEN THE CITY OF COLLEYVILLE AND
THE CITY OF SOUTHLAKE
If to Colleyville, to: City Manager
Colleyville City Hall
100 Main ST
Colleyville, TX 76034
If to Southlake, to:
City Manager
Southlake City Hall
1400 Main ST
Southlake, TX 76092
6.2 Governing Law and Venue. The validity of this Agreement and any of its terms and
provisions as well as the rights and duties of the Parties shall be governed by the laws of
the State of Texas; and venue for any action concerning this Agreement shall only lie in
State of Texas District Courts in Fort Worth, Tarrant County, Texas. The Parties hereby
affirmatively agree to submit to the personal and subject matter jurisdiction of said court s.
6.3 Party Responsibility. 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 tortious acts or omissions in the course of performance of
this Agreement. The covenants, obligations and liabilities of the Parties shall be several
and not joint or collective. Each of the Parties shall be individually responsible for its own
covenants, obligations and liabilities herein. It is not the intention o f the Parties to create,
nor shall this Agreement be construed as creating a partnership, association, joint venture
or trust, as imposing a trust or partnership covenant, obligation or liability on or with regard
to any of the Parties.
6.4 Immunity. It is expressly understood and agreed that, in the performance of this
Agreement, none of the Parties waive, nor shall be deemed hereby to have waived, any
immunity or defense that would otherwise be available to them against claims arising in
the exercise of 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. The Parties expressly acknowledge and agree that the
construction, operation, and use of the Facility constitute a governmental function
pursuant to the Texas Tort Claims Act, as amended.
6.5 Entire Agreement. This Agreement represents the entire agreement among the
Parties with respect to the subject matter covered by this Agreement. There is no other
collateral, oral or written agreement between the parties that in any manner relates to the
subject matter of this Agreement.
PAGE 7 INTERLOCAL AGREEMENT BETW EEN THE CITY OF COLLEYVILLE AND
THE CITY OF SOUTHLAKE
6.6 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all
purposes wherever reference is made to the same. In the case of any conflict between
this Agreement and the Exhibits, this Agreement shall govern.
6.7 Recitals. The recitals to this Agreement are incorporated herein.
6.8 Amendment. This Agreement may only be amended by the mutual , written
agreement of both Parties.
6.6 Questions from the Public; Public Information Act Request. Colleyville
acknowledges that it is Colleyville’s responsibility to respond to questions or concerns
expressed by Colleyville’s citizens on any issues related to the Project including, but not
limited to, general questions or concerns about the Project, its construction/installation
schedule, and the type or quality of work being performed to carry out the terms and
conditions of this Agreement. Notwithstanding the foregoing, both Parties agree to comply
with Chapter 552 of the Texas Public Information Act.
6.10 Severability. In the event, 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 the other provisions,
and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision
had never been contained in this Agreement.
6.11 Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original and constitute one and the same instrument.
6.12 Assignment. Neither Party may assign, transfer, or otherwise convey this
Agreement without the prior written consent of the other Party.
6.13 Consents. Unless expressly stated otherwise, whenever the consent or the
approval of a Party is required herein, such Party shall not unreasonably withhold, delay ,
or deny such consent or approval.
6.14 Survival of Covenants. Any of the representations, warranties, covenants, and
obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a
period of time following the termination of this Agreement shall survive termination.
6.15 Source of Payment. Each Party paying for the performance of governmental
functions or services pursuant to this Agreement must make those payments from current
revenues available to the paying Party or from funds otherwise lawfully available to the
Party for use in the payment of the Party’s obligations pursuant to this Agreement.
PAGE 8 INTERLOCAL AGREEMENT BETW EEN THE CITY OF COLLEYVILLE AND
THE CITY OF SOUTHLAKE
6.16 Purchasing. The Parties agree that each Party shall abide by any and all
competitive purchasing laws applicable to the Party initiating the construction,
maintenance or repair of the system. The Parties further agree that all payments shall be
from the designated fund.
6.17 Force Majeure. No Party shall be liable to any or all of the other Parties for any
failure, delay, or interruption in the performance of any of the terms, coven ants, or
conditions of this Agreement due to causes beyond the Party’s respective control or
because of applicable law, including, but not limited to, war, nuclear disaster, strikes,
boycotts, labor disputes, embargoes, acts of God, acts of the public enem y, acts of
superior governmental authority, floods, riots, rebellion, sabotage, terrorism, or any other
circumstance for which a party is not legally responsible or which is not reasonably within
its power to control. The affected Party’s obligation shall be suspended during the
continuance of the inability then claimed, but for no longer period. To the extent possible,
the Party shall endeavor to remove or overcome the inability claimed with all reasonable
dispatch.
6.18 No Additional Participating Parties. No additional parties or other governmental
entities may become parties under the terms of this Agreement.
6.16 Insurance. It shall be each Party’s individual responsibility to obtain any and all
insurance coverage necessary for the Project.
6.20 Captions. The captions to 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.
6.21 Authority to Execute. Both individuals executing this Agreement on behalf of their
respective Parties below represent to each other and to others that all of the appropriate
and necessary actions have been taken to authorize the individual who is executing this
Agreement to do so for and on behalf of the Party for which his or her signature appears .
Signature page to follow
PAGE 9 INTERLOCAL AGREEMENT BETW EEN THE CITY OF COLLEYVILLE AND
THE CITY OF SOUTHLAKE
EXECUTED hereto on the date(s) shown below.
City of Southlake, Texas City of Colleyville, Texas
By: By:
Laura Hill, Mayor Jerry Ducay, City Manager
Attest: Attest:
Amy Shelley
Southlake City Secretary
Christine Loven
Colleyville City Secretary
APPROVED AS TO FORM: APPROVED AS TO FORM:
City Attorney
Whitt L. W yatt
City Attorney
LIST OF EXHIBITS
Exhibit A – Project Location Illustration
EXHIBIT A
PROJECT LOCATION ILLUSTRATION
PROJECT
Jo Wlil St
Hix Ct
Cedar Ct
Ln
- - City of Colleyville
- - City of Southlake