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HomeMy WebLinkAboutContract 39476CfTY SECRETARY CONTf'=ACT NO,' O. STATE OF TEXAS § COUNTY OF TARRANT § INTERLOCAL AGREEMENT FOR DIVERSION BOX OPERATION AND MAINTENANCE BETWEEN THE CITIES OF ARLINGTON AND FORT WORTH, TEXAS AND THE TRINITY RIVER AUTHORITY OF TEXAS THIS INTER�OCAL AGREEM T (hereafter "AGREEMENT") is made and entered into on this the a,?WL day of _ R474v,) , 2009, by and between the TRINITY RIVER AUTHORITY OF TEXAS, a political subdivision of the State of Texas (hereinafter referred to as "AUTHORITY"), and the CITY OF ARLINGTON, TEXAS and the CITY OF FORT WORTH, TEXAS, municipal corporations located within Tarrant county, Texas (hereinafter referred to as "ARLINGTON" and "FORT WORTH," respectively). WHEREAS, the Texas Legislature has authorized the formulation of Interlocal Cooperation Agreements between and among governmental entities pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, as amended; and WHEREAS, The AUTHORITY owns and operates the Central Regional Wastewater System (hereinafter called "CRWS") which receives or may receive wastewater from the town of Addison, and cities of Arlington, Bedford, Carrollton, Cedar Hill, Colleyville, Coppell, Dallas, Duncanville, Euless, Farmers Branch, Fort Worth, Grand Prairie, Grapevine, Hurst, Irving, Keller, Mansfield, North Richland Hills, Southlake, and the Dallas/Fort Worth International Airport; and WHEREAS, in 2000, ARLINGTON constructed a diversion box between the ARLINGTON, FORT WORTH and CRWS systems (hereinafter referred to as "STRUCTURE 6," and as depicted on "Exhibit A," which is incorporated herein by reference); and WHEREAS, in 2008, ARLINGTON initiated improvements identified as "Structure 6 Rehabilitation, Project #SR07-019"; and WHEREAS, the governing bodies of each entity believes that this AGREEMENT is necessary for the benefit of the public and that each party has the legal authority to provide governmental function which is the subject of this AGREEMENT; and WHEREAS, FORT WORTH, ARLINGTON and the AUTHORITY have agreed that it is in the mutual interest of the parties to this AGREEMENT to entrust the operation and maintenance of STRUCTURE 6 to the AUTHORITY. NOW THEREFORE, in consideration of the premises and the agreements, covenants and promises herein set forth, it is agreed as follows: Section 1. Upon the completion of Project #SR07-019 and acceptance of the improvements by the AUTHORITY and ARLINGTON, the AUTHORITY shall take over maintenance and operation of STRUCTURE 6, 1 OFFICIAL RECORD CITY SECRETARY FT. WORTf�, TX Section 2. TERMS OF AGREEMENT A. AUTHORITY agrees to make at least two site visits to STRUCTURE 6 within each calendar year at intervals of no greater than every six months. The AUTHORITY shall exercise the sluice gate a minimum of annually and replace the biofilter as necessary. AUTHORITY shall coordinate the site visits and any diversion of wastewater flows with ARLINGTON and FORT WORTH, and shall provide at least 72 hours prior written notice of any site visit. FORT WORTH shall take all reasonable steps to receive flows that are diverted when the AUTHORITY exercises the STRUCTURE 6 sluice gate. B. ARLINGTON, as owner of STRUCTURE 6, will retain its rights to access STRUCTURE 6 and perform any services it deems necessary to protect the integrity and working order of STRUCTURE 6, and agrees to notify AUTHORITY of any service or repairs to be performed in connection with STRUCTURE 6 within 72 hours of beginning such services and/or repairs. C. ARLINGTON will ensure that the AUTHORITY has access to and any keys or other hardware necessary for it to properly maintain and operate the sluice gate in STRUCTURE 6. D. Operations of STRUCTURE 6 besides those described in Paragraph A, above, (i.e., emergency operations) shall be the responsibility of the AUTHORITY, and will be carried out at the instruction and mutual agreement of ARLINGTON and FORT WORTH. The AUTHORITY shall respond to emergencies requiring the operation of the sluice gate within at least four (4) hours of being notified and have immediate communication with FORT WORTH and ARLINGTON as necessary in order to coordinate the emergency operations activities. E. In the event ARLINGTON and FORT WORTH mutually agree, the AUTHORITY may divert flows from ARLINGTON to FORT WORTH'S system through use of STRUCTURE 6, and FORT WORTH agrees to take all reasonable actions and to accept such flow upon notice as described herein. Upon mutual agreement by all parties hereto, the AUTHORITY may divert flow from FORT WORTH'S system to the CRWS through Structure 6. Each party may withdraw that its mutual consent for diversion at any time, and the AUTHORITY and FORT WORTH shall take all reasonable steps to terminate such diversion as soon as is reasonably practicable from the time notice is issued by the party withdrawing its consent, that consent has been rescinded. F. For purposes of this AGREEMENT, emergency operations shall be considered as any task outside of routine operation and maintenance. Such emergency operations shall be made within four (4) hours of notification pursuant to Section 2.D. G. ARLINGTON, FORT WORTH and the AUTHORITY agree that in the event of an emergency operation, billing for diverted flows shall be allocated and charged for using the established billing methodologies provided for by the Central Regional Wastewater System Contracts. H. The AUTHORITY will budget and manage all ongoing maintenance expenses associated with STRUCTURE 6. The AUTHORITY shall submit quarterly statements for operations and maintenance to ARLINGTON. ARLINGTON shall pay quarterly statements from the AUTHORITY within thirty (30) days of receipt. I. ARLINGTON agrees to fund capital improvements and emergency repairs to STRUCTURE 6 mutually deemed necessary by the AUTHORITY and Arlington, subject to ARLINGTON City Council approval. J. FORT WORTH and AUTHORITY agree to accept flows during the routine exercising of STRUCTURE 6 without charge. K. FORT WORTH and ARLINGTON agree that to the extent allowable by law, to release, save and hold harmless the AUTHORITY from and against any and all claims or liabilities they may each have against the AUTHORITY and which are associated directly or indirectly with the AUTHORITY's operation or maintenance of STRUCTURE 6. This provision does not apply to any claim of sole negligence on the part of the AUTHORITY, its officers, employees or agents. L. All parties agree that FORT WORTH shall have no obligation or liability for the construction, operation, or maintenance of STRUCTURE 6. Section 3. AGREEMENT INTERPRETATION AND VENUE -The PARTIES covenant and agree that any litigation relating to this AGREEMENT, the terms and conditions of the AGREEMENT will be interpreted according to the laws of the State of Texas and venue shall be proper exclusively in Tarrant County, Texas. Section 4. CAPTION -The captions to the 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. Section 5. IMMUNITY - It is expressly understood and agreed that, in the execution of this AGREEMENT, no party 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. Section 6. SEVERABILITY - If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants or conditions of this AGREEMENT are for any reason held to be invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, or conditions in this AGREEMENT shall remain in full force and effect and shall in no way be affected, impaired or invalidated. Section 7. TERM -This AGREEMENT shall be in full force and effect for a period of one (1) year from the date first written above and shall thereafter be automatically renewed from year to year unless terminated earlier by any party giving at least sixty (60) days written notice of the termination. 3 Section 8. GOVERNING LAW. The validity of the AGREEMENT and of any of its terms or provisions, as well as the rights and duties hereunder, shall be governed by the laws of the State of Texas. Section 9. ENTIRE AGREEMENT. This AGREEMENT contains all the terms, commitments and covenants of the PARTIES pursuant to this AGREEMENT. Any verbal or written commitment not contained in this AGREEMENT or expressly referred to in this AGREEMENT and incorporated by reference shall have no force or effect. Section 10. CURRENT REVENUES. The parties hereto shall make payments called for hereunder only from current revenues legally available to each party. IN WITNESS WHEREOF, the parties acting under authority of their respective governing bodies have caused this AGREEMENT to be duly executed in several counterparts, each of which is deemed to be an original, as of the day and date first written above. CITY OF ARLINGTON, TEXAS By: JU A J. HUNT, E. DI ECTOR O WATER UTILITIES Date: 10` 7 1 ATTEST" KAREN BARLAR, CITY SECRETARY APPROVED AS TO FORM: JAY DOEGEY, CITY ATTORNEY CITY OF FORT WORTH Fernando Costa ASSISTANT CITY MANAGER DATE: /p�S� op By: DANN F.VANC GenerqZLMan te: X/0/09 Da ATTEST: By: HOWARD S. SLOBODIN Secretary, Board of Directors lives ° • o a : T d . v '// J •'B•••e.�•'• \moo OFFICIAL RECORD CITY SECRETARY T. WORTH, TX RECOMMENDED BY: Frank Crumb WATER DEPARTMENT D APPROVED AS TO FORM AND LEGALITY Christa R.�Reynold� ASSISTANT CITY ATTEST ATTORNEY CITY SECRETARY Contract Authorizatiota Date 5 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 96" OPTS EXHIBIT Arlington to TRA Trinity River Sewer Structure 6 Village Creek Wastewater Treatment Plant Structure 6 Fort Worth City Limits Arlington City Limits Arlington to TRA Trinity River Sewer Water Information Services June 2, 2008 This document is not intended for use as a survey product. Map Document: (X:\Business\WIS\g's\COMMRES_GISU1ap_RequeststF1'07-08\WA_Lo�tion_Maps\EXHIBITA Arlington to TRA TnnAy RNer Sewer Strurture 6.mzd)tlb Trinity River Authority of Texas Northern Region Office 3110.620.003(5) November 3, 2009 Mr. Fernando Costa Assistant City Manager for Infrastructure Services City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 RE: Central Regional Wastewater System Diversion Box Operation and Maintenance Interlocal Agreement with the Cities of Arlington and Fort Worth Dear Mr. Costa: Enclosed is a fully executed copy of the above referenced Interlocal Agreement that was approved by the Authority's Board of Directors on October 28, 2009. Please retain this copy for your files. Cynthia D. Belvin, Manager of Technical Resources, Northern Region, will be responsible for all aspects of this Agreement and you should coordinate your efforts accordingly. If you have any question, please contact this office. Sincerely, 0 lAe4t**� WARREN N. BREWER Regional Manager Northern Region W NB/rrr Enclosures c: Danny F. Vance, General Manager Cynthia D. Belvin, Manager of Technical Resources, Northern Region Bill Tatum, Manager, Central Regional Wastewater System P.O. Box 240 Arlington, Texas 76004-0240 (817) 493-5100 ��� Recycled Paper * IN ; DATE: October 27, 2009 FILE: 3110.620.003 TO: WARREN N. BREWER, Regional Manager, Northern Region RE: Central Regional Wastewater System Diversion Box Operation and Maintenance Interlocal Agreement with the Cities of Arlington and Fort Worth This memo will designate you as my authorized representative in the administration of the above referenced Agreeto authorize, direct, and administer the professional and related services to be Derformec me DANNY Genera) WNB/rrr r c: Ms. Julia Hunt, Director of Water Utilities, City of Arlington Mr. Fernando Costa, Assistant City Manager, City of Fort Worth �MEMM` ,al TO: La'Kina Roberson, Water Department FROM: Allison Tidwell, City Secretary's Office DATE: October 27, 2009 SUBJECT: INTERLOCAL AGREEMENT FOR OPERATION AND MAINTENANCE OF A WASTEWATER DIVERSION STRUCTURE (M&C C-23839) These documents are being forwarded to you for original signatures from the Trinity River Authority of Texas. All signed copies of the contract must be returned with original signatures for final processing. Failure to return the documents will delay the final processing of the contract. Once we have A eceived all of the documents, we will assign a contract number. Thank you in advance for your cooperation. If you have any questions, please call me at 817-392-6090. Attached: 6 sets Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/13/2009 DATE: Tuesday, October 13, 2009 LOG NAME: 60DIVERSION STRUCTURE 6 REFERENCE NO.: **C-23839 SUBJECT: Authorize an Interlocal Agreement with the City of Arlington and the Trinity River Authority of Texas for the Operation and Maintenance of a Wastewater Diversion Structure RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an Interlocal Agreement for wastewater diversion box operation and maintenance with the City of Arlington and the Trinity River Authority of Texas. DISCUSSION: In 2000, the City of Arlington diverted wastewater flows from the City of Fort Worth Village Creek Wastewater Treatment Plant (VCWWTP) to the Trinity River Authority Central Regional Wastewater Treatment Plant (TRA) by constructing a diversion box (Structure 6) between Arlington, Fort Worth and Trinity River Authority collections systems located outside the southern entrance to the Village Creek Wastewater Treatment Plant. Under normal conditions Structure 6 allows wastewater to flow past the VCWWTP to the TRA. However, during an emergency or as mutually agreed upon by the City of Fort Worth, the City of Arlington and the Trinity River Authority, these wastewater flows can be diverted into VCWWTP to be treated. Also during these same conditions, flows from the City of Fort Worth can be diverted to the TRA through the manipulation of the diversion structure gates. This agreement would provide increased flexibility to divert wastewater flows during emergency situations. Under the terms of this agreement, the City is obligated to accept the diverted flows from Arlington through the diversion box. The City would also agree to release, save and hold harmless TRA for the operation of such diversion box. The Water Department recommends that the City accept these obligations for the benefit of the public's health within this region. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. FUND CENTERS: TO Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office b� FROM Fund/Account/Centers Fernando Costa (6122) http://apps.cfwnet.org/ecouncil/printmc.asp?id=11899&print=true&DocType=Print 10/23/2009 Page 2 of 2 Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: Sebastian Fichera (4978) ATTACHMENTS 1. Exhibit A TRA FW Arlington Interlocal.pdf (Public) 2. Exhibit B to Interlocal Agreement Revised.doc (Public) 3. Interlocal_�Arlington FW TRA)_r_evised_doc (Public) http://apps.cfwnet.org/ecouncil/printmc.asp?id=11899&print=true&DocType=Print 10/23/2009 'Respected and Trusted Leaders in the Water Indushy" October 8, 2009 S. Frank Crumb, P.E. Fort Worth Water Director Fort Worth Water Department P.O. Box 870 Fort Worth, TX 76101 O C I I b mm City of Fort WorM Water Dept. Re: Interlocal Agreement for Diversion Box Operation and Maintenance between the Cities of Arlington and Fort Worth and the Trinity River Authority Dear Frank: We are forwarding six signed copies of the Interlocal Agreement for Diversion Box Operation and Maintenance between the Cities of Arlington, Fort Worth, and the Trinity River Authority. Please return two fully executed copies of the agreement to Arlington Water Utilities Department, MS# 01-0200, P.O. Box 90231, Arlington, TX 76004. If you have any questions, please contact me at (817) 459-6600. Sincerely, P lWer Utilities 101 W. Abram Street • P.O. Box 90231 •Arlington, TX 76004-3231 www. arlingtontx.govJwater