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HomeMy WebLinkAboutContract 40078cm SECRETARY corrtftAcr No. Y� � THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT AGREEMENT BY AND BETWEEN THE CITIES OF NORTH RICHLAND HILLS, RICHLAND HILLS HALTOM CITY AND FORT WORTH FOR THE REPAIR AND MAINTENANCE OF TCWSC LINE AND THE HALTOM CITY OUTFALL MAIN AND THE CONSTRUCTION OF THE BIG FOSSIL CREEK RELIEF SEWER This Agreement is made and entered into by and between the City of Haltom City, acting herein by and through its City Manager, Thomas J. Muir, hereinafter referred to as HALTOM CITY; the City of North Richland Hills, acting herein by and through its City Manager, Mark Hindman, hereinafter referred to as NORTH RICHLAND HILLS; the City of Richland Hills acting herein by and through its City Manager, James Quin, hereinafter referred to as RICHLAND HILLS; and the City of Fort Worth, acting herein by and through its Assistant City Manager, Fernando Costa, hereinafter referred to as FORT WORTH, all of Tarrant County, State of Texas, (collectively the "PARTIES") witnesseth: WHEREAS, the Cities of North Richland Hills, Richland Hills, and Haltom City each have a contract with the City of Fort Worth whereby the City of Fort Worth accepts wastewater for treatment at its Village Creek Wastewater Treatment Plant; and WHEREAS, on the llth day of November, 1997, the City Council of the City of Richland Hills authorized participation with the cities of Fort Worth, North Richland Hills and Haltom City in the Big Fossil Creek Relief Sewer Planning Study; and WHEREAS, on the 24th day of May, 1999, the City Council of Haltom City authorized participation with the cities of Fort Worth, North Richland Hills and Richland Hills in the Regional Wastewater Facility Planning study; and WHEREAS, on the 14th day of June, 1999 the City Council of the City of North Richland Hills adopted Resolution 99-38 authorizing participation with the cities of Fort Worth, Richland Hills and Haltom City in the Big Fossil Creek Relief Sewer Planning Study; and WHEREAS, on the 15th day of June, 1999, the City Council of the City of Fort Worth authorized participation (M&C G-12583) with the cities of North Richland Hills, Richland Hills and Haltom City in the Big Fossil Creek Sanitary Sewer System Study; and WHEREAS, on the 121b day of July, 1999, the City of North Richland Hills authorized an agreement (Resolution No. 99-43) with the engineering firm of Knowlton -English - Flowers, Inc. for the preparation of the Big Fossil Creek Wastewater Outfall System Planning Study, such report dated March, 2000 containing certain recommendations for 1 of 14 CITY SLCf�ETARY the construction of sanitary sewer improvements known as the Fort Worth Big Fossil Creek Relief Sewer Main, hereinafter referred to as the "Project"; and WHEREAS, the City of North Richland Hills obtained a planning grant from the Texas Water Development Board (TWDB Contract No. 99483-308) for the preparation of a Regional Facility Plan for the Big Fossil Creek Basin of the Trinity River; and WHEREAS, the Cities of Fort Worth, North Richland Hills, Richland Hills and Haltom City desire to enter into an agreement establishing each city's duties and responsibilities as they are related to the Project; and WHEREAS, on or about the 3rd day of June, 2007, the City of Fort Worth responded to a public health and safety risk posed by sanitary sewer back-ups and overflows from a sewer main approximately located at 3100 Hickory Post Road, Haltom City, Texas and commonly known as the Tarrant County Water Supply Corporation ("TCWSC") sewer main; and WHEREAS, each governing body fords that the performance of this Agreement is in the common interest of all parties, that the undertaking will benefit the public and that the division of costs fairly compensates the performing party for the services or functions under this Agreement. NOW THEREFORE, the PARTIES agree as follows: 1. EMERGENCY REPAIR AND RECONSTRUCTION OF THE TCWSC SEWER MAIN AND THE HALTOM CITY OUTFACE MAIN BEFORE BIG FOSSIL RELIEF SEWER IS IN SERVICE. A. TCWSC Sewer Main (One Repair Location) For the emergency response made by FORT WORTH beginning on or about June 3, 2007 through the date of execution of this Agreement, FORT WORTH, NORTH RICHLAND HILLS and RICHLAND HILLS shall share the cost for the emergency repair and reconstruction of the sanitary sewer main approximately located at 3100 Hickory Post Road, Haltom City, Texas, known as the TCWSC sewer main (hereinafter the "TCWSC line") at approximately Point X on Exhibit A to this Agreement. Such cost shall be shared equally among FORT WORTH, NORTH RICHLAND HILLS and RICHLAND HILLS and shall include all expenses as determined reasonably necessary by FORT WORTH. TCWSC SEWER MAIN, HALTOM CITY OUTFACE sIG FosslL SEWER Page 2 of 14 November 6, 2009 Version 16 B. TCWSC Line (Between Point F and Point G) and the HALTOM CITY Outfall (Between Point E and Point J) Upon full and complete execution of this Agreement, FORT WORTH, NORTH RICHLAND HILLS, RICHLAND HILLS AND HALTOM CITY shall each equally share the cost of the repair and maintenance performed by FORT WORTH under this agreement of 1) the TCWSC Line, from Point F to Point G as shown in Exhibit A; and 2) the sanitary sewer outfall located south of the existing Haltom City meter station, Haltom City, Texas, (hereinafter the "Haltom City Outfall Main") from Point E to Point J as shown in Exhibit A. Such obligation shall continue until the completion of the Big Fossil Relief Sewer Main and shall be consistent with Section 4 of the Agreement. 2. PARTIES OBLIGATIONS. A. Repair and Maintenance of the TCWSC Line and the Haltom City Outfall before Construction of Big Fossil Relief Sewer Main l.) FORT WORTH agrees to furnish all materials necessary to accomplish the repair and major maintenance to the TCWSC Line and the Haltom City Main as described in Sections LA&B (also referred to collectively as the "sewer mains".) FORT WORTH shall be responsible for the preparation of any contracts or documents for the repair and maintenance of the sewer mains. 2.) FORT WORTH shall invoice the other PARTIES for their respective shares of each partial payment during the course of the repair and maintenance of the sewer mains. Payment for such invoices shall be due ten (10) days from the date of such invoice, unless otherwise agreed to in writing by FORT WORTH and the respective parry. B. Timeline for completion of the Big Fossil Relief Sewer Main (the "Project") 1.) FORT WORTH agrees to use its best efforts to complete the Project within ten (10) years from the date of full and complete execution of this Agreement. However, if the Project is not completed at the end of the tenth (loth) year, FORT WORTH shall assume responsibility for the operation and maintenance of the TCWSC Line and Haltom City Outfall Main. 2.) At the time RICHLAND HILLS flow is diverted to the Big Fossil Relief Sewer Main, RICHLAND HILLS shall assume full ownership, operation and maintenance responsibilities and costs for the portion of the TCWSC line that remains necessary to serve RICHLAND HILLS as shown in Exhibit A between Point H and Point C and that has not been abandoned at the completion of the Project. TCWSC SEWER MAIN, HALTOM CITY OUTFACE sxc FosslL SEWER Page 3 of 14 November 6, 2009 Version 16 C. Allocation of Responsibilities and Cost for the Completion of the Big Fossil Relief Sewer Main (the "Project") l.) FORT WORTH shall be responsible for the preparation of plans and specifications, together with any modifications required during construction, and contract documents for the construction of the Big Fossil Sewer Main, generally as shown on Exhibit A. The cost of the design, including any and all costs incurred in the selection process including the issuance of a Request for Proposal or Request for Qualifications, shall be shared by the PARTIES as follows: Fort Worth 79.7% Haltom City 10.4% North Richland Hills 6.3% Richland Hills 3.6% 2.) The PARTIES shall cooperate in the selection of an engineer to prepare the design and construction documents for the Project. The construction documents will be prepared in such a manner so as to be able to calculate each Party's cost as described below. FORT WORTH will be responsible for the negotiation of the engineering contract and for appropriating funds necessary to pay for the engineering contract. FORT WORTH will not award the engineering contract until each party has adopted a resolution authorizing payment to the City of Fort Worth of its respective share of the cost to be incurred. FORT WORTH shall invoice the other PARTIES for their respective shares of each partial payment during the course of the design contract. Payment for all invoices shall be due thirty (30) days from the date of such invoice, unless otherwise agreed to in writing by FORT WORTH and the respective party within ten (10) days of the date of the invoice The engineering agreement will exclude costs for the design of lift stations to divert slows from NORTH RICHLAND HILLS and RICHLAND HILLS to the Big Fossil Relief Sewer Main, such being the sole cost of the PARTY requiring such facility. The PARTIES agree that at the time of execution of this Agreement the PARTIES do not anticipate that a Lift Station is required to divert NORTH RICHLAND HILLS flow to the Project. 3.) The cost of easements, appraisal fees, and right -of --way acquisitions shall be shared by the PARTIES hereto as follows: Fort Worth 79.7% Haltom City 10.4% North Richland Hills 6.3 % Richland Hills 3.6% Appraisal and property acquisition services shall be included in the engineering agreement contemplated by Section C.2 above. The consultant TCWSC SEWER MAIN, HALTOM CITY OUTFACE BIG FOSSIL SEWER Page 4 of 14 November 6, 2009 Version 16 shall be responsible for all property appraisals, acquisitions and easements. In the event the acquisition of property or easements cannot be accomplished through negotiation and must be accomplished through condemnation, the staff of the jurisdiction within which the property is located agrees to recommend to its governing body that a resolution be adopted in support of the condemnation action. In such event, a representative from the participating city will be present at the condemnation hearing. Any property owned by any PARTY upon which an easement is necessary shall be dedicated at no cost. Any existing easement held by any parry shall be transferred to FORT WORTH at no cost. 4.) The construction costs, including change orders, construction management costs, and inspections costs for the various segments of the Big Fossil Relief Sewer Main shall be shared as follows: a. From Point A to Point B and from Point C to Point B, exclusive of design and construction of any lift stations and force mains required, as shown on Exhibit A FORT WORTH 79.7% HALTOM CITY 10.4% NORTH RICHLAND HILLS 6.3 % RICHLAND HILLS 3.6% b. Point B to Point F, exclusive of Point B to Point C, as shown on Exhibit A FORT WORTH 82.7% HALTOM CITY 10.8% NORTH RICHLAND HILLS 6.5% c. Point E to Point D, as shown on Exhibit A FORT WORTH 82.7% HALTOM CITY 10.8% NORTH RICHLAND HILLS 6.5% d. Transfer of NORTH RICHLAND HILLS flows from TCWSC Line to Point F, as shown on Exhibit A, exclusive of design and construction of any lift stations and force mains required. FORT WORTH 82.7% HALTOM CITY 10.8% NORTH RICHLAND HILLS 6.5% TCWSC SEWER MAIN, HALTOM CITY OUTFACE sIc FOSSIL SEWER Page 5 of 14 November 6, 2009 Version 16 5.) As of the time of execution of this Agreement the estimated cost of Project, including the cost of engineering, construction, right-ofl way acquisition, financing and contingencies is as follows: FORT WORTH HALTOM CITY NORTH RICHLAND HILLS RICHLAND HILLS Total Estimated Project Cost $145971,512 81.7% $ 15957,624 10.7% $ 1,1815961 6.4% $ 221,618 1.2% $18,3325715 100% The estimated costs presented herein, in 2007 dollars, are for planning purposes. Actual Project cost may differ and shall be adjusted to reflect the final cost of engineering, construction, right-ofe way acquisition and financing. Actual Project cost shall be shared by the PARTIES in the same percentage breakdown as designated for the estimated cost of the Project. 6.) FORT WORTH shall be responsible for the advertising and award of the construction contract for the Project, the costs of which shall be shared by PARTIES hereto as detailed in Paragraph 2.C.1 above. FORT WORTH shall notify the PARTIES of the anticipated date for receipt and opening of bids. FORT WORTH shall be responsible for the review of the bids, shall consult with the Parties regarding to whom the award of contract should be made and shall make a recommendation for award. 7.) FORT WORTH shall be responsible for the award of contract and for appropriating the funds necessary to pay for the construction. FORT WORTH shall award the construction contract only after the PARTIES have adopted resolutions authorizing payment to the City of Fort Worth. FORT WORTH shall invoice the other PARTIES for their respective shares of each partial payment during the course of the construction. Payment of all invoices are due thirty (30) days from the date of such invoice, unless otherwise agreed to in writing by FORT WORTH and the respective party within ten (10) days of the date of the invoice. 8.) FORT WORTH shall be responsible for the cost associated with the construction and installation of three metering stations to measure the flows from the other PARTIES hereto into the FORT WORTH collection system. 9.) All engineering and construction costs associated with any lift station and force main necessary to connect to the Big Fossil Relief Sewer are the full cost and responsibility of the parry requiring said lift station. 10.) Nothing contained herein shall be construed so as to prevent FORT WORTH from including the costs it incurs hereunder as system costs as that term is defined in its wholesale contracts with the PARTIES hereto and its TCWSC SEWER MAIN, HALTOM CITY OUTFACE sic FOSSIL SEWER Page 6 of 14 November 6, 2009 Version 16 other wholesale contracts to the extent that such costs may be lawfully included in rate calculations. 3. OWNERSHIP, A. The PARTIES hereby acknowledge that FORT WORTH shall not assume ownership and is currently not the owner of either the TCWSC Line or the Haltom City Outfall Main. The PARTIES acknowledge that no representations, statements or warranties, express or implied, have been made by or on behalf of FORT WORTH, in respect to FORT WORTH's ownership of either the TCWSC Line and/or the Haltom City Outfall Main. B. The PARTIES further agree that upon completion of the Project, FORT WORTH shall own, operate and maintain the Big Fossil Relief Sewer Main as part of its wastewater collection system. 4. MAINTENANCE. A. The PARTIES hereby acknowledge that FORT WORTH shall not be obligated to perform or ensure routine maintenance of the TCWSC Line or the Haltom City Outfall Main. The term maintenance as used in this Agreement shall include but not be limited to routine cleaning, and minor repairs and rehabilitation necessary to protect and ensure the ability of a pipe to transport flow. HALTOM CITY, RICHLAND HILLS and NORTH RICHLAND HILLS agree to address all maintenance issues in a timely and appropriate manner. Notwithstanding FORT WORTH's lack of obligation to perform any maintenance of the TCWSC Line or the Haltom City Outfall Main, FORT WORTH may in its sole discretion, respond to major maintenance which shall include heavy cleaning for root and grease removal involving larger equipment than routine maintenance issues as reasonably necessary and requested by the other PARTIES. B. FORT WORTH agrees to use its best efforts to address major maintenance issues and structural failures which have caused a system backup or Sanitary Sewer Overflow (SSO)s and which could not be addressed by routine maintenance. C. The PARTIES agree that a) if FORT WORTH performs maintenance to the TCWSC Line or the Haltom City Outfall Main as it deems necessary and with notification to the appropriate party of such maintenance; or b) if FORT WORTH performs maintenance to the TCWSC Line or Haltom City Outfall Main upon request from a parry, FORT WORTH shall not be obligated to report an SSO or other unauthorized discharge to any governmental body. Such obligation to report an SSO or other unauthorized discharge shall remain TCWSC SEWER MAIN, HALTOM CITY OUTFAI,L sI� FosslL SEWER Page 7 of 14 November 6, 2009 Version 16 the sole responsibility of the other PARTIES as described in the Texas Water Code Section 26.039 and/or any permit issued describing such obligation. D. HALTOM CITY, RICHLAND HILLS and NORTH RICHLAND HILLS agree to respond to any and all SSOs and other unauthorized discharges which occur within their respective city limits, in a timely and appropriate manner pursuant to all applicable rules, regulations and laws. Notwithstanding, FORT WORTH agrees to respond to SSO's and other unauthorized discharges which occur from the TCWSC and HALTOM CITY lines and that are inside the FORT WORTH city limits. However, FORT WORTH shall not assume any liability for such SSO or unauthorized discharge. The City of origin for the wastewater contributing to the overflow shall be responsible for notifying the other parties to this agreement and the TCEQ of the event, if applicable. The City in which the overflow occurs shall be responsible for notifying the public, if necessary according to TCEQ criteria. Any fines assessed due to SSO's and other unauthorized discharges which occur from the TCWSC and HALTOM CITY lines shall be shared equally among the four PARTIES. Nothing in this Agreement shall be construed to grant or recognize FORT WORTH's ownership nor maintenance responsibility for TCWSC and HALTOM CITY lines within FORT WORTH's city limits. E. Upon the completion of the Big Fossil Relief Sewer Main and the permanent diversion of NORTH RICHLAND HILLS flow to either FORT WORTH'S existing sewer main known as M402 or the proposed Big Fossil Relief Sewer Main, RICHLAND HILLS shall assume sole ownership and be solely responsible for all maintenance costs for the portion of the TCWSC Line that is necessary to serve RICHLAND HILLS. 5. TCWSC LINE AND HALTOM CITY MAIN PLUGGED AND ABANDONED. A. Upon completion of the Big Fossil Relief Sewer Main, the PARTIES agree that the TCWSC Line and the Haltom City Outfall Main shall be plugged and abandoned in accordance with all applicable laws and regulations. B. The TCWSC Line shall be abandoned from Point F to Point H and Point C to Point G. The costs associated with these two segments shall be at the percentages presented in Paragraph 2.C.4.a. C. The Haltom City Outfall Main shall be abandoned from Point E to Point J. The costs associated with this segment shall be at the percentages presented in Paragraph 2.C.4.c. TCWSC SEWER MAIN, HALTOM CITY OUTFACE sIc FosslL SEWER Page 8 of 14 November 6, 2009 Version 16 6. RELOCATION OF A PORTION OF EXISTING FORT WORTH BIG FOSSIL SEWER (M402). As part of the design of this Project, FORT WORTH agrees to evaluate the feasibility of relocating the existing Big Fossil Main 402 from Point K to Point L by oversizing the Big Fossil Relief Sewer Main. Upon determination by FORT WORTH that such oversizing is feasible, the Big Fossil Relief Sewer Main may be oversized to allow abandonment of the existing Main 402 upon the request of HALTOM CITY. If HALTOM CITY agrees that such oversizing is feasible and makes such request, HALTOM CITY shall pay the cost of oversizing the Big Fossil Relief Sewer Main. The additional cost to oversize shall be the difference of the cost for the additional larger pipes, additional structures and other necessary materials beyond the cost of the original design of the Project. 7. EFFECT OF AGREEMENT. A. Notwithstanding Section 3, nothing in the performance of this Agreement shall impose any liability for claims against any other party other than claims for which the applicable laws may impose liability. B. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. C. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those stated in the Agreement; further, this Agreement shall not create any rights in any party not a signatory to the Agreement. 8. STY. 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. 9. PAYMENT. All payments due to any Party hereunder are due and payable within 30 days from the date on invoice. A payment is late if not paid within 10 days from the due date. Late payments shall accrue interest at the rate of one and one-half percent (1-1/2%) per month until paid. TCWSC SEWER MAIN, HALTOM CITY OUTFACE sIc FosslL SEWER Page 9 of 14 November 6, 2009 Version 16 10. NOTICE. Any notice permitted or required to be given herein shall be in writing, mailed regular mail to the address shown below, or by facsimile to the numbers shown below. If to NORTH RICHLAND HILLS Mr. Mike Curtis, P. E., Public Works Director, City of North Richland Hills 7301 N E Loop 820 North Richland Hills, Texas 76182 Telephone: 817427-6400 Facsimile: 817427-6404 If to RICHLAND HILLS Mr. Michael Barnes, P. E., Public Works Director, City of Richland Hills 6700 Rena Drive Richland Hills, Texas 76118 Telephone 817-2994830 Facsimile 817-2994832 If to HALTOM CITY Mr. David Fain, Public Works Director, City of Haltom City 4200 Hollis Street Haltom City, Texas 76117 Telephone 817-834-9036 Facsimile 817431-7855 If to FORT WORTH Mr. S. Frank Crumb, P.E., Director Fort Worth Water Department 1000 Throckmorton Street Fort Worth, Texas 76102 Telephone: 817-3 92-8207 Facsimile: 817-3 92-8195 11. STATE REVOLVING FUND. The PARTIES agree to cooperate in the expeditious preparation of such documents as may be necessary for the submission an application by FORT WORTH to the State of Texas for participation in the State Revolving Fund. Acceptance or denial of the application shall not affect any party's responsibility hereunder. TCWSC SEWER MAIN, HALTOM CITY OUTFACE BIG FOSSIL SEWER Page 10 of 14 November 6, 2009 Version 16 12. MODIFICATIONS. This Agreement may not be changed, revised or otherwise amended unless same be in writing and approved by the governing body for each parry. 13. GOVERNMENTAL POWERS AND IMMUNITIES. It is understood and agreed that, by execution of this Contract, the PARTIES do not waive or surrender any of their individual governmental powers or immunities. Each parry acknowledges that the each other party is a Governmental Body and as such has certain rights, powers and duties. The PARTIES agree that these rights, powers and duties shall not excuse each PARTY from performance of its obligations under this Agreement. 14. SEVERABILITY. The provisions of this Agreement are severable; and if for any reason any one or more of the provisions contained herein are held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall remain in effect and be construed as if the invalid, illegal or unenforceable provision had never been contained in the Agreement. 15. ENTIRETY. This Agreement, together with Exhibit A contain all the terms and conditions agreed to by the PARTIES, and no other contracts, oral or otherwise, regarding the subject matter of this Agreement or any part thereof shall have any validity or bind any of the PARTIES hereto. TCWSC SEWER MAIN, HALTOM CITY OUTFACE BIG FOSSIL SEWER Page 11 of 14 November 6, 2009 Version 16 This Agreement shall become effective upon full and complete execution of each party below: EXECUTED thisbVl�day of N p r I I , 2010. CITY OF FORT WORTH FERNANDO COSTA ASSISTANT CITY MANAGER DATE: APPROVED AS TO FORM AND LEGALITY 12 . A SIST T CITY ATTORNEY' ATTEST CITY OF NORTH CITY MANAGER DATE: 34� - � Q L-Q4 ► S5 Contract Authorization i I , I I gate CITY OF HALTOM CITY THOMAS J. MLTIR CITY MANAGER APPROVED AS TO FORM AND LEGALITY tj 10 �d ATTORNEY FOR HALTOM CITY T MACHO CRETARY OF RICHLAND HILLS DAMES QUIIv CITY MANAGER DATE: TCWSC SEWER MAIN, HALTOM CITY OUTFACE fiIG FOSSIL SEWER Page 12 of 14 November 6, 2 OFFtCtA`�'CORD CITY SECRETARY FT. WORTH, TX • NW1 • ; �086%OXX :��AT ST .t` � r _ U) AND RICHLAND ATTORNEY FOR RICHLAND HILLS N R H Council ActionQ/ N Date Approved r2i /kgenda No'�2�\O-1��0 OF#/ Reg No. TCWSC SEWER MAIN, HALTOM CITY OUTFACE sec FOSSIL SEWER Page 13 of 14 November 6, 2009 Version 16 OFFICIAL RECORD CITY SECRETARY F r. WORTH, TX CRICHLAND HILLS HALTOM O7Y LIFT STATION wus SDurH HALT0A OTY EASr MEIT3t STATION 1p J' PANT r Transfer of NRH meows to Bq FoaR in Per Crest. Sharing Schedde 02 POINT "X POINT XTCISS[sEWER Fys',O Bof , +pq' FW, HC, and HRH to ctl1Participate In costs of P Big Fossil para&4 rnam, HALTOM CITY -; from point B oPONt "F' per cost Scl dole ®2 i p Transfer of RN Cost d ovarstrhg % Rows to Big Fosses shall be V Dy HC parallel main, exclusive of LS, aA per Scheedule @1 mop o � POINT "L" POINT"D" • - - ---- pnrm F� POINT "B' ................ HALTOM CRY o aAa�aa:aac NORTH RICHLAND HRli TCWSC ��n �n �urau®. RICHLAND HILLS •—•—•—•�•�•--- PROPOSED CONNECTION � PROPOSED BIG FOSSR RELIEF SEWER COST PARTICIPATION 1. COST PARTICIPATION FOR BIG FOSSIL PARALLEL SEWER MAIN FROM EXISTING 90' UPSTREAM TO RICHLAND HILLS CONNECTION, COST SCHEDULE "1" . PT. "A" TO PT. "B" CITY PEAK FLOW %COST Fort Worth 94.40 MGD 79,7% Haltom City 12,31 MGD f0.4% Noah Richland Hills 7,44 MGD 63% Richland Hills 4,31 MGD 3,6% TOTAL 118,46 MGD iiiit00.0% 2. COST PARTICIPATION FOR BIG FOSSIL PARALLEL SEWER MAIN FROM RICHLAND HILLS CONNECTION UPSTREAM TO eROADWAY AVE. COST SCHEW LE R" - PT.'B" TO Pi.'F CRY PEAK FLOW %COST Fort Worth 44.40 MGD 82.7% Haltom City 12.31 MGD 10.8% North Richland Hills 7,44 ASGD 6,5% TOTAL 114.15 MGD 100.0% 3. COST PARTICIPATION PERCENTAGE FOR SEWER MAIN FROM BIG FOSSIL AWN TO EXISTING HALTOM CRY SEWER LINE (PT."PTO PT. "D") SHALL BE PER COST SCHEDULE'Y. 4. COST PARTICIPATION PERCENTAGE FOR TRANSFER OF RICHLAND HILLS FLOWS FROM TCWSC TO BIG FOSSIL (PT. -C TO PT, B', EXCLUSIVE OF ANY REQUIRED LIFT STATION, SHALL BE PER COST SCHEDULE "1". 5. COST PARTICIPATION PERCENTAGE FOR TRANSFER OF N. RICHLAND HILLS FLOWS FROM TCWSC TO BIG FOSSIL (iCWSC TO PT. "F"), EXCLUSIVE OF ANY REQUIRED LIFT STATION, SHALL BE PER COST SCHEDULE "1". 6. HALTOM CRY IS RESPONSIBLE FOR THE COST OF OVERSQING THE BIG FOSSIL RELIEF SEWER MAIN BETWEEN POINTS "K" AND L". HALTOM CfIY SE METER STATION FORT WORTH `g, HC, and NNH ponsia for costs d Dyyazs sewer, from point polnt'D', Per Cult Shamsg Schedule 52 RICHLAND HILLS POINT "C" IBfJ1LAND HILLS 6 SOUTH METER STATION 0 FW, HC, RH, antl NRH to participate ks rusts d Big Fossil parallel ma'.n, from polnc'A' m po'nt '0• per cost Schedule?1 POINT'J" POINT "A" 1ba* p 7. FORT WORTH IS RESPONSIBLE FOR THE COST OF THREE NEW METERS FOR NORTH RICHLAND HILLS, RICHLAND HILLS, AND HALTOM CRY. EXHIBITA Page I of 3 riiiiiiiiiilllilll11 COUNCIL ACTION: Approved on 4/6/2010 DATE: Tuesday, April 06, 2010 REFERENCE NO.: **C-24155 LOG NAME: 60BIG FOSSIL URS SUBJECT: Authorize an Engineering Services Agreement in the Amount of $963,641.91 with URS Corporation for the Design of Big Fossil Creek Parallel Relief Sewer Main 402 from Broadway Avenue to the Trinity River, Authorize the Big Fossil Creek Agreement with the Cities of North Richland Hills, Richland Hills and Haltom City to Address Cost Sharing Provisions of the Project and Ratify and Execute the Interim Maintenance Agreement with the City of North Richland Hills for Extended Payments of Emergency Repairs (COUNCIL DISTRICT 4) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute an Engineering Services Agreement in the amount of $963,641.91 with URS Corporation for the Design of Big Fossil Creek Parallel Relief Sewer Main 402 (City Project No. 01303); 2. Authorize the City Manager to execute the Big Fossil Agreement with the City of North Richland Hills, City of Richlad Hills and the City of Haltom City for cost sharing provisions of the subject project; and 3. Authorize the City Manager to ratify and execute the Interim Maintenance Agreement with the City of North Richland Hills for extended payments of emergency repairs. DISCUSSION: On June 15, 1999, (M&C G-12583) the City Council authorized participation in the Big Fossil Creek Sanitary Sewer System Study with the City of North Richland Hills, the City of Richland Hills and the City of Haltom City utilizing a Texas Water Development Board (TWDB) 50/50 matching grant to determine the feasibility of extending and/or renovating the existing sanitary sewer system of Big Fossil Creek Drainage Area. The study recommended a single parallel sanitary sewer pipeline with sufficient capacity to provide joint service for the entire Big Fossil drainage area, including the three identified wholesale customer cities. The study also determined sanitary sewer capacity needs for each of the four participating cities. The proposed Engineering Services Agreement includes services to prepare construction plans and specifications for approximately 17,000 linear feet of sanitary sewer pipeline, a lift station with force main, two siphons, multiple junction structures and three new wholesale customer meter stations. Also included are services for coordination meetings with the wholesale customers during the design phase of the project and preparation of documents for three separate construction contracts. The costs for design and construction of the new pipeline will be shared bason on the sanitary sewer capacity needs of each participating city, determined by the 1999 TWDB grant funded study as follows: Fort Worth 79.7 percent, Haltom City 10.4 percent, North Richland Hills 6.3 percent and Richland Hills 3.6 percent. The costs of repairs to the TCWSC line and the Haltom City Outfall shall be borne equally by all four cities until the new line is in service. http://apps.cfwnet.org/ecouncil/printmc.asp?id=12695&print=true&DocType=Print 4/7/2010 Page 2 of 3 The proposed Big Fossil Agreement includes provisions for cost sharing among the four cities (Fort Worth, North Richland Hills, Richland Hills and Haltom City) for the design and construction of the Big Fossil Parallel Relief Sewer and for repairs of the Tarrant County Water Supply Corporation (TCWSC) line and the Haltom City Outfall until the new line is in service. Responsibility for maintenance of this sewer line was not clearly defined after the original owner, the Tarrant County Water Supply Corporation (TCWSC), dissolved. These two pipelines have been in service for 40 and 20 years, respectively and portions of both pipelines are severely deteriorated. The construction of the new sanitary sewer pipeline will allow for the abandonment of most of the TCWSC line and all of the existing Haltom City Outfall. The Big Fossil Agreement was approved by the wholesale customer city councils as indicated below: City of Richland Hills December 8, 2009 Cit of Haltom CityJanua 11, 2010 City of North Richland Hills IFebruary 8, 2010 In addition, by letter, the Water Department allowed for an arrangement whereby the City could retroactively recover its costs for emergency repair and maintenance made to the TCWSC line in June 2007 and which exceeded $300,000.00. Due to the magnitude of the cost and the unplanned nature of the expense, North Richland Hills paid their share through extended payments. Because the wholesale customer agreement and the Big Fossil Agreement do not provide for extended payments it is necessary to ratify and execute the Interim Maintenance Agreement already signed by North Richland Hills. In addition to the contract amount, $59,000.00 is needed for easement acquisitions, and $118,000.00 is needed for project management, material testing and survey costs. URS Corporation is in compliance with the City's M/V1/BE Ordinance by committing to 29 percent. M/WBE participation on this contract. The City's goal on this project is 28 percent. This project is located in COUNCIL DISTRICT 4 and in Haltom City. MAPSCO 51X, 65B, C, G and L. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Clean Water State Revolving Loan Fund 2007. FUND CENTERS: TO Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS FROM Fund/Account/Centers P254 531200 700140130331 1)P254 531200 700140130332 P254 531200 700140130333 Fernando Costa (6122) S. Frank Crumb (8207) Madelene Rafalko (8215) 1. 60 URS Big Fossil MWBE Compliance.pdf (CFW Internal) 2. 60Big Fossil -URS Corrected FARs.pdf (CFW Internal) $289,093.00 $578,186.00 $96,365.00 http://apps.cfwnet.org/ecouncil/printmc.asp?id=12695&print=true&DocType=Print 4/7/2010 Page 3 of 3 3. 60BIGFOSSIL-URS map..pdf (Public) 4. Fund Availability.odf (CFW Internal) http://apps.cfwnet.org/ecouncil/printmc.asp?id=12695&print=true&DocType=Print 4/7/2010