HomeMy WebLinkAboutContract 22281 V�,HOLESALE WASTE-INATER C,',-)NTRACT
!,A, Y 6 E C R E T
STI ATE OF TEXAS �0-CINTRAVC'Igr
COUNTY OF —I ARRANT §
This contract made and entered into this, the 2-8th— day of October — 1996,
by and between the Ci.'y of FortNort4h, Texas, a muns'cipaf cliporation, acting her in by
and thi-w.4h its Citv Manacler, Bob Terrell, who is duly authorized so to act, hereinafter
r&eired to as "19---ort `Ahorth." and the City of IiNatauga. a rnunicipal comoration, acting
here,in by and through i-ts lthorized sc, to act, hereinafter
who 'is duly au
referries to as z`Customer,"
WHEREAS, the public health, welfare and saff-ty of the residents of Fori Worth
and Custorne;, require the devel opment of adequate systems of sewage collection and
disposal, the elimination of water pollution and the preservation of the water resouroas of
the area; and
NHIERSAZ, Fort Worth is required to comply with staindaras and treatment
methods for wastewater as set forth in federal, state and to !-,ws and regulations and
pear nits; and
WHEREAS, Fort Worth and Customer have an interest in maintaining am'
restci,ing the c'hemical, physical and lair logical integer cf waters and water reesour ces and
it SUPT'Ig the i-e-duction of pollution in said waters and water resources, and planning the
use, development, restoration, preseNation and enhancement of said waters and water
resourc-;es: and
{THEN S, Customer desires to contra&-, for viasten&,ater treatruent service and
Fort VVorth desires to ;)rovide viasteviater treatmert service to Custot-ner-, and
MHEREAS, Chapter 791 r the Teyas Government Code, authonzes- Fort
I NO �
3,nd C; sfomer ente r int to f is agreemend-
gvl
fs
H
Now, THEREFORE, Fort Worth and Customer, in considetation of the terfris,
cove nts and conditions herein contained, hereby agree azs f'ollows'
I
Defi it.
*
When used in this cc,-'atract, these tes ms shaN be defineG as foll&-vs:
1,1 Act or"the Aet"-Tlle Federal VVater Pollution ControIA(-, also known as �Ihe
Clean VAltiter Act "VOINI, as arnend-ed' (333 U-S.I". 1251, et seq.).
-1,2 Biochemical Or;gen Demand (BCD) - he quantity of�kygeri utilized M the
biochernical oXidation of organic matter specifieo by procedure. ir, Standard Nlethods, and
results e-pressed in terms of weight and --c"Mcentration (milligrams per liter fmgPj).
- �"alibrafiort - Verifiraation of prim measuring de°iice a secondary
3
Mstmmentation accuracy utilizing standard p ary device procedures and calibration
sign,als andlor a separate Vow measurement instrument.
I A
st mer y stem
The facilities Of CUStOrner Used for pretreat ment,
o S
collection and transportation of was iewater'LI0 the point of ertry.
1.5 Deliver-,/ fe,,65ties - All facilities neceessaiy for the transmission of wa--�fewater
to the Fort 'Vitorth Systern that are of, tine Customar'- side of the point, of entri that are
constructed 3c-,"5 01v to allow Fcl'; IvVc-)rth to serve XuVtomer-
1,6 Direct o; -The Fort h VJat4--r Dep.',meni Director or his designee.
'1-7 Do- ma is- Sing-le-f�rrily - id residential duplex dwellings served by
n rnet ,, Th' �,Rfir- -- used on, to the contexft Of determining billing on a
oe e
per—,onn&ction Vic.
18 Foil, N, Inense Expenses incurreed. by Fort Vljorith related to the
wast- water utiMr.y', Su-n ,ervsses -to Ne allocp-ed as a SytItsm Cost if so determine'di n
fi, ure oost-of-servicp-svud;.-�--S.
wastewater collection and tre-airr-ent
-o; Woith System Fort- Vforl;
sysfern.
General r Qi � at facilitie-3 that pr=ovide u1jlity
services and benefit`s c-)n-ir o O all ustorne ` '11,11is includes waStewefer treatment
fac
ifi ;es, meteting arid samplim ac�li s4 �� s i systeirts and appurtenances, and all
kior collectors and interceptom,tha,are eighteen i chi.-s Sys "F and greater in iam.-ter.
1,11 indireCl Discharge - The 61scharge or the introdu,Cite% of industrial wastes
1
Iron- arry ?r rye regulated n:d e- Section z' p(d or (c) of the Act, 33 .& C. 1317), into �
the For.'Worth System (ir°icl ding hoiding tank waste discharged into the sy,&m
1.[2 Indus d al se sour t € indirect' ?pis of Barg �afhIic does not ����!$�' a �
" sc are of out;:g!It"-uin der regulations issued ur-ua n pro Se tmn 402, of the Act,
is
Y `
1.1 irgdust€ al va ttes - Ail water- om solids, Nquid kar -aseous substances €,
F
resulting from 'adusWal, rnanu a turii-a or food prooessing operations, or tom the
deg"--io pi ent of a natural resource, or any mixture therse with eater or domestic
U,
sewage.
G ,,e he wasteviater
r asr i € i r that a migrated ? te -
i
ysier°i.
i
.1 in€ i b eater other than s � { t i 4 t enters �ewer age tem
,r ` ding Dewar service conoections) from rn-ea such as, bU not limy jog roof
ff rain y ri` irk , drains frorn springs x am areas,
nnection et vieen sera Sevier, and sanitary at h basins,
= al i ta , cross
?I*$ 's, 7 su&c :? r ral i a i"i rs o: rainag , ii l vA ?noes
E
not include, and 'is distinsuished from, infiltration W tat.
s, The t l` r4 liquids, and gaseous ub t` s$a°°e �
de' ed from r—Artain sources €nClud i rg. but not to, grease trap, sep, c tank,
f)
ile ���as, and sand trap West .
1 v
r �I
J
ry)
f
u
r
A
IIJY,
Y
1,17 Me i x,a ars d s a mrAina t ci I it, T i meter, yet(r°vauIt, and all metering
telemetry equipment requir ae`. to measure and/or samp!e wa t va tar fluovs of the
unto rte at o" t of entry or other st-ich locations, as rnay be mutually agreed upon in
Wi'nQ+J
.18 Non-domestic account - Commercial, it d sisal, rnuRki-family or gather
acco,,-.nnts that are not considL--,._�a domestic accounts. hi dear-rlt n is used only irg the
on'e x�of deteirnining biiiiag urn a perconnection basis.
�' NonN f-n e_ .�� al-ea s i�a c wd ?t3 � usC)r-n r`s �� ra i£ � certificated
be urwfaries that generate wastewater that do riot drain in'o a Padt in' of the 11"ustorner System
for which wa to eater floe is ea re are approved runt r g ar€c sampling facilithy.
1.20 Pont of entry- The metering facility r, where no rnetenng facile is utilized,
the Point of coy? nerfi r,to the Fort`!Nfor€h Systern, unless oche vise mutuaalby agreed upon
`r=writing
x_21 Pretrea nt - The reduction of the amount Of CC.Afta1ts, the Itrni a`ion of
ki ants, nr the alter°itio E of the nature of poliutant properties in wa tawater :0 Ies-
€rya : state ' 3 u of dischar gin r otherwise intr ducin such lluta t t`s'ar€,
^a- Publicly Owned r atmena Wonvs, Tte reduction or afterat€ Pia can be ointairled by
hysi4 1, chiemiCsl or bi0io-gioal Drocesses, or process cheinges by other means, except
as p rohib=;gad by,40 GFR Section° 1 3,6( ).
E-22 � retreatme m requir err er fits Pollutant concentratiop discharge lmrta an as�
repo,"abno requirements ``€I r= in I- r '' r h Ordinance No, 12274 and
any
amendments there-to, and the Customer`s Go de, a, hereinafter amended, and F "al
P, t.Kati e t Standards promulgated :,,y the US, Eriva onmental Protectdon Ages cv.
1,23 Signffir:t i ,tea. t .tee uindustry wa &t d: c-1-.-arges industfiall wasles i 1
i
F.. # ? Ex.0< 3 .B. eta : _,; r System that. j
,J art= �. ems .," :�€ ° s ' � p
i
�Ih
I�
iel
dlGr
discharges 25,00c,gallons p--r day or more cl,
industria!vp_Iste-s'
is subiect try the Nationai Pretreatmrant Standards.-
Caregc�nc� .3
-:if Stamdards of the U,S- Environmental
Pirctection Agency, or,
has a reasonable potentia,!, in the opinion of the
it -for, to adverseiy affect the Fort VV,6,1,, tpm
due t-)discirtaTe of was',citvater wft h abnonTiahy high
stl-fz,; 91ch Or limited and/or prohNed substance-s.
St,@,ndard methods - Those stin'-, or analysis procedures as prescribea in
the th-e-n tun-erd edition of"Staadard NIethAs for Eamination ofWatei-and Wastewater,"
Pub its hed by the Americar,, Public 'Je aft h Association and/or the U.S,. Environmental
Protection Aprency Manual of Metry odolo-odes fmr the Examination of Water and
VVastewaters, or as will of is COMPOY with procedures specified in state and f6aderal
sop-rye permitshiel by Fort Worth.
1,25 SrStefn, ,Cost- Operating expenses and capital related costs incurred by Fort
,410nll Pursuant to the provision of was"tewater colfed'-,i4wi and treatment service- t.
11-D I
wpoi esale class of sewer custorr, ;s. SU cost's are to be colle rj' as Fo,ed by o
Ct a
cz-mponent of the annualf GostDf providing wholesafe'Wasteweater service.
11,26 VV ;Olesaie SYste,-11,4zoess Fee -A Capftal contribution funding or recoup--ng
the costs Of General Benefit Fa-ifiltir-S Capittal impro,ierngents or General Ben t Facilfties
fa-C-ility eX02nsions Plecessitated bN
y and attnibuttable to ne%u developmart
f
N
,.: '',� 5,..'?,> ``..t4.FtF,.a , ?z. ,: ?€ '.< in X14 .-•. €either float or, �u
.,ne si,,i.ffm``e of, or are i n suspension in, water, .,a-si`'=skater or `;ier!iquids, at vvhich are
iargehlf removable by a JA-b a turf 91tration d hce Also ref rr-, d as.`*.;' , -'s ,... _ 3rl I
f
.. '; tE t at C; or a f' trtk which s rrt3 E°`?5 or d r enter into
the Fort 'd ho€'"s € tome words"vi to va e `an "'sewage" r interchangeable-
29 'Capitai Imp-overnerts rneans a y o th followinzj aces ! % which
utiOly .,'triic s and benefits corn-non to s!; custcrne.m and that have life expectancy= of
th; > Gr innore years, whF€ the such capft J irnprc "'?gents are lo,;ated within he
sd'c"4ona! limits of Fort VVcr:h or Cuvtomer, '? s"*ew �rs .re lLir.e€=E -,;ac;iftfes. metering
and samp!ing facilities, c n rcl systems an ppurte a e.s, and al! major collectosms an
at are eighieen it ches f 8 3 and greater in diarnetel,a 0" lift stations, ri aany
Facility E ansicn -The expansion of the capacit, of n existing facility h t
=e rves ? :, sar i e function as an other--Mice r`i £ s " new v` i't2l improvement, i order
9Y,
r;-gat the eF,4tingfacility ay serve new development. ;e f dogs not include th
repair, maintenance, modernization, or an expansion of are existUng TaCilhty to better serve
existing devel)pn-ent,
. Conne&ion to the Fps kNlp t,
2.1 x or� her-aby grants to CustOmer, upon compliance �?Ath the term='s and
®Eu dr" = rYi. [ r to connect ` System to,the, Fort f�
lu �
r
1 I�%
rir
Jr°
22 Fort VV-arth agrees to acoe-,�)+ 311 was,&,,vaier fm,rn Customer at tha pomt(sl of
enlry as desifpniatad or Exnibit"'A", zntachedl hereto and Oncorporated henein, nnd at su h
addlifiC,r-il poirits a- me, later bee mutually aare°,(J w_qpon in writ ing signed by both pailbies
Moo-
2.3 The cost of al! t-Ir-RitTeS neCPUSSaln tO
canvey to the
designated Poir-fts of en,tni, -whether on EyMbit "A," or mutuadly acreed upon at a
'ater da''-. together with the cost Cf c/_)r3ne-_tion of L."ge Cusrlamer System to the Fort Wortn
stern with, flh., exception of rnetenn,�, and sa.anpAng shal'i be borne by
Customer, In the event Fort Woitth reque's TCLICtorner to <jnrreease the size of apy such
defivery facilitty, the fference in. I(he cos[ of t1he delwery 111--�iify -is cesigaed by Custontier
and the cost of the deilivery fadqi'ty, as requested by Fo-t 'Worh sip ii be at Fort 10,1orth's
ex,pensa and may be allocaltcd _ns a system cost -if so _,te mn inedl in fluture crjst-of-sl:�rvice
S bu d i e 3.
2.4 Unk_--ss rnutuai'iy agreed io in witting by Fort 11.1orth and Customer, CLIstiomer
sha! be responsible for the design, contracting, con-stnuction and financing of defivety
fad hififes and acquis I;Vkon of any necessainj dghts—ofway and easements to and from such
11"N ia
All desiOns, matedals and speciftations shall conform to Fort 11vor-ths
We I f-a ity which
,ecuirement's as a minimum, Piars arid specifications for any del q -_cU
actJaliv -ocnnecis to thes Fort Worth System shall be sub rnitled to the Dlre&tor for wiitter
Such approval shah not be unreasonably withheld, No construction shall begin
urnifiil such epproval has been given. CtIstomei agrees, that IF c t I.Nort."I has the right to
n en
'odic inspections durng the construction phase of the defive-,-y facilities. Final
atx:eptance of such, fia-Cilfty from the point ef conne aid rk. up to and including the mete6ng
anid sonnPE-HrIa faicill'U',V,'Ps sullbj_ecs to tme 2s on and wMijen approrval of ttm Director.
2,5 After the d,��e oi ---tract, sgne--e not to p-Ovide service k? Or
cc--Arsct %-f suln, ntmact-,Mlh 2n,,,; ne jsi.a,:n,-jr whirose. n? for wastewata-5, service would
exo'ee- 5,00,0CIO gai-�C,ns d-av withinut r, to ale Director-
ol Ousto-rner;5
ain �,s syst3m tri piood condition al-11d to make repairs m a
LCH i ier;agrees 11,0 maint-I
"ity or Nalb -t� :-iolm ever for the
tamely rnainner- ��ort'IQI'tlarth shall not have any responsih-14 1�� I
of the 'C'ustcimer System, except as agreed to in writhng by the pailies, heretc',
4. 11,111alintenance o"If FIZIrtWorth t!2m
Fort, es ol-th agrees to rnairliain 'Es system in good condition and to make repairs in
a firnely manner, Customer shall not have any re-sponsi viii ty or Rability now or ever for the
Gpe ration o f the Fo Ft VVc system, e,,: api ,s other wise p mvid ed i iareii 1
5.1 Beginning on the effective late= oi "his contract, Fort VllorVi shall have the
Ive rig
,xc f�: to use, oper2te, and .-, m,-
-,aintain C istor nneturing and sampling facilities
,: f L
and Fort, rtth sha!° becrx-n-e solleiv responsilble for the, operational and rnaintonanc�
responsibilities associated vYt Mh these fad(fifi es. Cuslo•n will confinuousii, provide, a
s-njfe r� -,.i.iresos and egress to said melEering a.id sampling fac,iiitiens for Fort 'North, Fort
Worth shall have the- discretion to construct. irn,-ovements, expansions, '3nd
I I fti ihe i I
replacernents, -) �Iid facil; ies as a system cost and at t - fiming of Fort Worth S needs
subje%m to the review by Custolner #if all P,-LV-OSe6I c-onstruction, expansion, and
replacement -Aans. C'ustotncr will a;Go grert a, d py de tr,. Fort 'Worth such its or
huous cp-raticn and maintenance of all
aaisprnents as are neGassmy for the crintl $1
mee enin- and samipling facilities. All such cysts, incurred u° - rth for operation,
stc - metering and
i'llaintenance, construction, expansion, and repiac,;g'rri--r,gf of G.j -�mel
flaci5ties shaii oe, m lenca sysfbr.�-,, costs-
ag '-d 'a by both parbes in w,�,Jng, Fort '04-n-Uh j�i'ha.'11 have
r-,
the r)pt"or- v3 ��rtzzttnuct Cuatea`ner m-ate(ing and naMpk)a fa-Gififies not currendy in
ewe s4en".-'e. !V! cx'nstp A
_jc,on ac)-qs, ik-,,cludirig, but not limited to, Sitr,- aV LSALIOi ic
1� t
prepavmtion� design and etniSgineen.-g, on traction and eqUipnleOt a swch faa�it"es,
togethef-%vith the cc,6ts of iIe0;-3s,3anj ease p-11ts ar-ird, rightz—of-way, 3haR Le sysiurn OWES,
3 EFL
inciudirvj any '!md 911 necessary rnod4 fica6onts to accoronlOd24U-3 & crjrnpt;'ate ililibaii i is'
an S rn 1 r,
tion satisj'aciory to Fr-i, %4"t)rt�,, -'ustorncr (xvtstructs new r-i te,ing d a pi 9
T
fevci'lit'le', Du!storffer n nay either t.'as-asfer ownprsng e
p of such nevviy car J-S
V 'O'Orm
Witt. al"I viecessan/ access easements and rignts-of-WaY tO 'c4rr
satisfaetoi-j to Fort V"VOUth GF Fnay grart to -Ort vNjor J,, t1he right oi- ingress a!nd egresz, to
such facilities, together with authority tO OP-_�ate and m_�intain the ;AS
I'll - �' ,f such competion, Thereafter, rFor',WOW-,
spec I-ead in Section 111,,within sixty (60'1 days o
shall cip'--",irate and mainktain, the fad'Rj_-s as a sys ,n cost and treat av-'Y ov�nership transfer
hip.
as a i"Orw ses but sanne shall not be,an indic(a of equity ownerS
"'ibution for rate puqx)
5.3 Expen.-ses incufTed bY Ort Werth for the
,,paration and maintenance of
t �
'Custorner metering and sampling facil' es shall te, system costs anti Shall incIII(I-, hu ',�t
rece�,s,)011 to, the following:
A, Cost of elec-b salt y at the facility-,
eme,Lny sarvice at ti-le Facility and to Ell
ost ofthe ini a on
a, installti of t, i
te
c,onirol,center ai.d
ust of monthl y lease charge fo r I th
e teiephune, kne;
C, t.'osL of Galibration,
D_ Cost V",f pa.ri I-,, rnaterials and supplies reqUiredi fOr
repair--, calibrations and tipgrading of the facits"i
fiik z -11b t"'O s
=teat costs for repairs, cafi ra
abor cos'
L plus frinn--. benet a-d ind'i
and upgrading of tie facilefies,
F, Nlaintenance, of Ingress and , nd rnete,-fa-cifity, s.te.
oI IclUes de-scii"Jed in this ze--tion or - wpnei dleren
occasioned as a resuft of obsolestsrice e-we to age, excessive ma,menance, growth or
other reasons as deterrn;ne d by the Director shall be a sys ern -A:)st. Any eplac n-
ern-n-ki
ft :ort kAvo slads and fice ,speci 'tions
or earj;ornent therein shaH crmr-Av vAt h F rth's t and r
L
5 5, Ljoon exporation or tenrvination of this agre6`r D ent by either party, Fort k0jortih
shall transfer 'Co Customner ownership of any to.,roperty easements, rneedng and sampling
faciiifies an'd rig hI.S-OTf-VV2Y conveyed to r-oft Vjorth,pursuant to the terms o,�4his Section 5.
6,
Customer sh,-II g1rant, ,.Athout charge to For V%torth, such easements and
nights-of-way aiong public highways or he -mrerlh, owned es
ed by Customer, as requted
LY U V.
by F d IvVor.h, in order to construct .-)r m�intaire rnwns or facilities within the corporate
firni's of GUSiOrrler. to Provide waste,.,!mter collection to CUStOflrlef and/or to other geese.
"pon nofice from 0 istomer arld at or 'North expense, Fort 'Aforth wils move su-h
n sich stree,� riaht-of-way, or other property owned
,tv,astevvater mains or facillitt;es located i
by C'ustornier vjhen reasonably necessary to the perflormance of essential gov err mental
dutieF by Customer. Fort Worth shall orant, without charge to Customer, such easements
andl rights-tit--vii along, of public highways or other proper" Owned by Fol, Worth, as
requested by Gustorner, in order to constnuct and maintain wasi,--,Nater mains or facilities
vifthin 'Fort Worth to provide kttastewater coliectf�on IDO k3ustkomer, Upon notice fMarn Fort
'e '-I ai q
'00orth and a' Distomer's expense, CLIStOrneT Wifl! MOVe SLICh Wa-.ST waiier m M or
R 'rth
mciMfles when ilbcatin�d in such sireet rights-of-way or of" er property owned Lby Fort.1,Ato
ly I A dotes by Foft
yvheri rerasonabl necessany to- the perkxm, ance of essential gwnarnment?
lltkkuth. AH work one by or on behalf of Fort 110,oilh, under is paragraph will be
,--�,arforrned ;n acrxxdance M, specifications equall to 11-hose applying Ito worin of a- simRair
f-Oture Denl rn-ined wilMin Foi-t'VVorffi, but, neither pa er '1' be required to res-,orethe
rbyhe.etowil
othees prop rty to a c4 ond iftion exceeding ifts onginal Condition, unless OtLhei-evise Mut uall"f
Ve
agreed in wnting, Fort Worth and Customer agree to ,-oordfinate the lon-ation of the rnains
andlor facififies in the oth,-rs easernents and rights-on y in corder to pre xent f-L-4,fther
con-fficts iinso far as reasonaNy practicable.
7- �Aetqgnq
1 A" fillow discharged into the Fort'Al'orth System y ; store all b , metered,
unfe,ss spec-i-Iricaily ngreed 10 'by both parties in writing. Should both parties aq
_,ree in
w 'ting that metering is noll Possible, ihe agreed upor, method for det irrnining the voilunie
n
shall include an ;tjstrt-,-nt forinfiltration and inflow.
7.2 !t, in the J-d,-nent of the Directeir, the sewag-e generated within one or more
I- Y
areas of the Cuslorner cannot be acxurately measured by are approved type of metering
station, then the charge for sanitary sewer servic's withi n. that drainage area will be made
on a per-connection basis- In such rases, the volume of sewage for billing purposes will
be determ,ned b-,Y, adding the prod-uct derived from multiplying the number of dorneastk;
nr
a-counfZ wilh`r 'he area times 10,500 gallons tn the sum 'Otal metered water of at,
non-domestic acco;-!nts, within the area. The total vniurne so derived each month will b
used as the basis for calculating the total sewer charges due each m 'th for
drainage area and such charges will be added to any other charges, ir any, based cr'.
n, I PC �,vill be responsible fof
7A red conner-4ions. or all such non—netered areas, Custorne-,
provding data each monith on the number of dOMaStiC 2C'--OUrItS and the metered
volume of PH non-domemic accounts. This data wW be provided by Customer ro Fort
'V-V rth no later th,:m fihe 5th of each callendar mon"111.
73 Custonnei- shall have access to the meter ing and sampling, fac-flefies- at '-afi
asonable timas; provided, however, that any readirqg., calibration or adjustment to suCh
m--M-eniinn equinoment shall be done by erg plo-yees or agents of Fod h., or c;her
utua�!%� 3-pi p r v, d thir pa--H,.,,,f caFbgrzfion agent, �s nta i t o
U R
-Custome�r and Fort 'U'Vorth, if so re-quested by Customer. Notification of any proposed
tesrs shall be pnokinded to the Customer at lea-SIE seven try_ A> (72) hOUrs prior to su& tests
being condUlcled,
(A At! readinas of metei's will be enil'.'ered in ink upon, bound' Journals maintained
by Fort Iolorth, Cus tom ershall s 3e access to such records during reasonable business
mours and shaffl be fur n;Qhed with monthly totafize readings for each point of eintny
nrietering Bind faciisue,
T5 Fo-t V"Vorth shall aibrate and routinely servicia the meters no less than ontce
duHna jeach six (6) month period. Copies offfie resin-ts of such i:;alibration and all, related
in,'ormiation shall be provided to Customer. Fortt VVorth shall notify the Customer at least
seventy4vuro (7 2) hours in advance of the date, and tirne for any calibration and Customer
rraobse-ve, if so desired.
it is determined that the accuracy envela'pe 01F such
6 Upon any calibration, ff L
me4er is found to be-, lovier than nineby-five percesnt(95%) r igher than one Nndred five
e q ra
ne'rcnt (11105W -expressed as a percentage of the full scale of the meter, the regist ti on,
f the flow as determined by such defectNe meter shali be corrected for a period
extending back to the time sucth, inaccuracy began, if such time is ascertainable; or, ff
such time is not ascertainable, then for a Dertod extending 1 d one-half(112 of the time
elapsed since thf--,� date of the last,calibration, but in no event fulfther backthan a period of
six 16) months,
t s'r OR;e -n- out
-7 if any met r used to detemnine volume ftm CLIStOMef iS OU Of --r '_
of re-Dair srj that the amount of wastewater meters-d cannot be ascertained or Cornpuleed
"v-red throxiah the peilod such meter 't C-
the - adung thereof I ,e wadov-miele delhi-e xf
service or oul o? repair shall, be esfirrat&d ai d agmemad upon by the partie-S hereto upon t 'M
he
b,asis of the best dat"A available, The basis for estimatUng such flotiv includes, hjtjt is riot
station under sinnflar
;M'7';' ed to, e'x, -rapolafion of vast Patterris of flov-j for said meter;
conditions. In the event that the p2rlies hereto, -annot agree on t1he extrapolated estMnate
of wastewater volurne delivered, aareement non the flaw volume will be determined by
"Mird party arbitration.
7,8 Fce, Worth shall obtain sample three (3) tunes per year to det3rmine the
nuaiity of the wastewater for the purpose of t-'Ili ng for the strangth of the wastewater.
--rhese samples shall be obtained at the rnetering and sampling facilities or other agreed
upon sampling pointsibor the purrx)ses of billing for the strength of the wastewater. To
determine the quality of the waste--..,jater, Fort Worth shall collect twenty-fow (.? ) tour
flow-weighted composite samples for a period of five 15" consecutive days. In the event of
P malfunction of the sarripH7 for what ever reason f(.,,#r one or more days,
add-3itional days shali be 2dd!t: fain a total of five (15`� samples. Fort Worth will provide
Customer with q r niry ,f St —1 (7) &,y advance notification of ii-tent to sample, or
such notification as 'i� nn� allow astornet ama,ige the services of a qualifk-d
laboratory. If, at the request ter or at the reques of the Director, more extensive
monitoring is desired, such additional monitoring shall be paid for by the party rnaking the
reauesf and shaii be done in compliance with Section 7. if Customer requests such
M
2dditional monitoring, Fort, Worth shall invoice Customer and payrnent shall be made
within tern N 0) days after receipt of invoice.
The notifi cation required in this section shall include the planned dates, tirnes, and
loca Lion(s'f of sampling, Fort. Worth shall analyze the samples collected in arx;ordance
with Ftaindard methods, Custonner may be presert, cluring the initial se-tup of sampiing
equipment P—nd at the time of pickup for each twenty-four (24) hour coy nposite sample.
Fc,rl, 04forth agrees. if requested, to split said wasteviater sampl-es wFth Customer.
7,9 If in the opinion of the Direcltor, ciornpfianoe monilbring is required, thee
Dired[or may order that addition-al morn'toring be performed, w�fth or withoi-rlt pdor nottk:pe to
Said c�ompliance monito-ring is to be in addition to the periodic sampling set
9-3
foi-th in S'ection 7.8- All infor-nafion obtained as a result on such cornpfiance rnorlitoririg
shall ')e provided to, the Customer upon request, Fort Worth will pnovidP, notice of such
compliancs monil-toring to Customer wit in a reasonable time thereafter.
-7.,j If Customer disputes Fort 1,11,16,dh results of analyses and the parties hereto
, 10 �
cannot seftle, such disp,ite, such dispute will be deterniined by third party arbitration.
7,11 Grists incurred by Fort Wort h under 'this section will be considered to be a
system cost.
B. Rates and Cha
8,1 VO-iolesale wasteviater rates will be based por, cost-af- service rate studies
performed by independent utility rate c-�Dnsultants as described herein. The independent
utifity rate consultant shall be selected by Director from a list of five highly qualified firms
submitted by the V%caste wtiter System Advisory Committee- The cost of such studies will
be a systern cost. All cost-of-service studies shall be conducted utilizing the utility cost
basis of determining revenue requirements applicable to the wholesale customer clasl�,
8.2 The cost-of-service for the wholesale class shall include allocated reasonable
and necessary operation and maintenance expense, depreciation expense and fair and
reasonable return on allocated capital facilities. To determine the allocation and
distribution of. cost,-, to the wholesale customer class, the independent utility rate
c:xonsuJant shall consider at least the follavving factors- total volume, rate of flow,
wastewater quality, metering, and c=ustomer-related costs such as accounting, billing, arid
monitoring. Capital-related costs will consist of depreciation expense and return on
original cost rate base. On a periodic basis as dpterrilfined by the Director the
de, re-ciation rates on all general benefit capital facilities shall be studied, and new
salvage values, Lisefiul lives, and annual rates of depreciation shall be- developed from
stuch sludies, -rhe rabe base shall consist of all allocated capital facilities, net of
depreciati-n and appropriate contributi tons, and shall inclijde construr-lion wo;1k in
14
prog esz�, a reasonable �_iowance for vl,orking capital, rid a reasonable inventory of
r#; mvnats and, suppi,',es n ` fe ssary 46.x3€ the €t, e3#, ' er :.?orr of the 1 Ois.Vs...ais System. .rra
#:�rodir:basis as determineci by the Direeto.r, a w-s h "lead-lag" study shall be conducted
to det er mine he appropriate- le ej of wodking ca sit, g at tne sz"_e tirr.e as the above
depreciation r , , study ;4, done, a=t ecord�, of the origin-.l cost and ;he accumulated
et
depreciation r,J --oftal €-cillitie sh `6 Ttaintc,wcv:..`: Y Fo 01orth Fixed Ass
jacking Systern, F record.,, shall L_y av:_,Iiable for €, .n an ubf, Fort VVorth Water
du r-, a i, usi yens h€ur,,i upon regA `;1 e ".
83 Fort V r<yr .l be alicvved an atiJ ag;.ate c p£ ty ;.n earn a reasonable
r to of return. The returi i shall Le sufficient 110 assu), Conl`idef!;-> in the financiai
soundness of th utility, s?all be ade qr a'e to rnaintain ar_t J C,e�it, s #ai enable
it to raise the money nec sary for the proper discharge of ;_i lis duties, rrt shall be
equal to the weighted average imbedded r)st of outstandin, iuf; one-and—c ne-half
perce-n' ('1-1/2%)
8. 'Every three ) Mesas, a detailed wholesale shall be
developed on an. actual historical lust test year basis ,i_:i;n 1, rues onaLle and f
necessary expenses of p ioviding su,,;d wastewater serii Arno .�'iC w,-, for :-,novin and
measurable ust-,rents. Such adjustments should allaw for yep°- end ;
spreading of iron-recurring e�_perrses over an e proprlate berefat penod. T��3p
year shall be October 1, 1996, through September 39, 1997, an'd tlhe fir--f -jti Yaile s
c ;tea se=Vi= e study shall be performed by ar, independent den C t iify ra e Dz sulta '4 ',_rr#rag
the f4st Mo ; 3 calendar quarters of 1,998, `'c sed on audifed h '.4`!€edfla pa-
fiscal year ended September 30, 997 t3s yep_: k:,yr,�_ thle e tEt , J WMIPi yf
detailed r �� �.» � � be performed w.,h t1he aa a e r etx r6 ,.+ sy iused in the , revio-:s
f
rate study by are independent utili:11hy rg'te , iiemuit-rots Ihk _~ er, Edfhanges §r the
�r
t will l3{,go-cFed r re-commended a^;r �z �*'f:,"c; st y .,.3.., .` s.`�',i*�at 3 �`:3s .Le � � a
tom` ;?at`.}�,��� ��#. £.I-� ..����� ri .,6� A �i Kos
i
y�yi
7JUJ�
J'
�w,
Advisory Comr-nittec, such rnajcritV defined by ariy aornbini-ation of Custorners, co I
tributing
r
a total of more than fifty percent (500%) of file whoiesale sewage flow in the irnmediate;
past fiscal year, and approved by the Fort 'Wadffi City 'Council- In the interim period
be,.Ao,reen cornpletC-detailed rate studies, wholesale viastewater rates shall be adjusted by
Fort'Worth using the same methodology adopted at the tirne of the last complete detailed
rites study, uNizing the --.tcllwall operatinig data for the twelve month penod ending
Se,rnternber 319th ot the prior ypar, adjusted for known and measurable changes M cost
data wh',Dh may shave occur red sin-ra the last audifed staternent.
8,5 The initial rates for this contract shall be those .adopted by the Fort Wcfth City
Council on Septern ber 10, 1996, effective! October 1, `9963, and' are as follows:
Volume(Charrie $0,3875 Per 1000 galions
BOD Strength Charges $02007 per pound of 0D
T88 Stree-cith Charges $0,1674 per pound of TSS
Monthly Billing Charges $75,00
6 Bilis for wastewater treatmeni. and disposall senjice shall be rendered to
.A!!a o!eS2le Customar�s monthly by Fort Worth. Ali such billis, shall be due and payable by
ea;---h Gu-,,tomer not more than thirty (30) days froorr, the billing date. The bills will, zho
cwTent char
q--,es, as well as past-due cillarges, if any- Current charges shall be the
amount due for wastewater collection, treatment and disposal service provided since the
pdor billing period, Past-due charges shall be the total amount unpaid from all prior
t,ilknos as of the cuirent Nling date. Payments received by Fort Worth shall first be
ar,plied to the past-due charges, if any, and thereafter to the Cur, nt Changes.
U
8, iff Customer disputes a bill and is iunabv:� to r Suive trie difference inflar-i-nally,
Custorner shiall nofif� the Drector in writing, If the Director nd Custo-mier are unable to
d
FOSONe thie- dlsouted bill, agreefftent on the bill will be determined by,thir Par-t-y,arbitrat on,
aS
[')ispute (,-)f a tdl is not grounds for non-paynnent, In Une evrent a pa rne rM p
specified in tNs agreement, a finance e- £,harge of ben per ant (10%) per 2nnurn will be
cplculated from the date which the payment was recuired to be made. In the event the
establish-ed by arbitration is less than the disputed bill, tier; the amount found to be
incorrect will be credited to the Customei's acaunt together witllh an interest charge of ter-,.
-the at payment of the disputed bilf was
per er cent (10%) p �annu rn calcua ted from de
rp-,-,eived,
8.8 The hereto agree th&,, siandces c-ADiained pursuant to thiF contracl are
essent'21 and necessary Ito the operation of Cc,;tonnees wa ter wo ins and wastewater
4
"ities and that a!' paym ent —j C�a& LIStOMer htere under shaii constitute
M ' oy
reasonable and neoeessary operating expenses of Custorner's wateRuorks and
waste v,later systems wilk"hin the meaning of Article 11113, Vemon's Annotated Texas
Statutes, and ti-le provisions of any and all orclinances of Customer authorizing the
issuance of any revenue bond issues of Custorner which are payable fton,, fts waterworks
and,Wastirlwater systems.
8.9 Custornier agrees, throughout the tent of this agreement, to fix and collect
such rates and charges for wasteittater service to be suppl ied as will produce revenu es in
an amount equal to at least (i) all of operation and maintenance expenses of such
sysi.em, including specifically its payrnents under this agreement and (ii) all other
amounts as required by law and the provisions of the ordinances or resolutions
aut•onzing its revenue bonds orother obligations now or 'hereafter owtstanding, iricluding 'ski
f'he aimounts rerajilred to, pay all principal :)f and interestt on such bonds and other
obiigations.
8.10 C ustomger specificafly agrees to adopt and irtaintain in effect for the fife of this
c ntract an or" iim'-,micce Providing for a user charge &ystenn in full acwa1 with relevandt EPA
eg'uflattons,
M
ld
9. Industrial Connection and Manitnnnn
4A j
9.1 Customer agrees that it,will not permit any signifi c-ant Indu s t[k � ser within its
junsdiction to connect directly or indirectly either to its system or to the Fort Worth Systern
without at least thirty (30) days' prior written notiffic ation to t Director of such intent to
connect. Custor-ner shaill provkj- the erector with such inform ation pertaining to volurrie
aind composition of Pow as may be request by the Director.
9,2 Custoane., agrees to conduct any and all monitoring, sairnpling and Inspection
of Customer System and industrial users as i,ecessary to insure that industrial waste
introduced into the Custornelr Systern meets the quality standards set out in Section 10.2
r b pert to
hereof. Upon reauest to Distorner, a represent abve of Fob Worth vvill e per
,
observe Customer's coRection of sarnples from industrial users, and Customer agrees to
fu�rnlish Fort \/Vorth separate duplicate samples for independent testing, and, upon
eq tuest, to pr vide the Director sample ana,!ysis results,and pretreatment records.
9.3 €w-ustognneragrees fhatFort',North shall have the right tosamplewastewater at
aii points of entry and such rather locations as may be; MUtUally agreed to in writing by
N-Ah parties for the purpose oft deternlining the volume and re in olfwa stew ater entering
the EF-ort Worth System. Customer agrees to disconnect from As systern Pny industrial
user flotlind to be In violafion of allowable discharges or who refuses access'to its facilities
for the purpose of sampling wastewaler being dis&,Parge, into Vie Customer System;
Pro"i"Ided, however, that said disconnected indusk.1jal user snail be afforded, the ---ame
rights, privileges of appeal and deficiency cure periods as are industrial users operating
WitiNn Fo;l,'Vvhorth's Jurisdiction.
4
1
9.4 Follavvinn notice to flee Customer by Fort Worth, Customer grants to Fort
Worth the right to enter Cost omers iurisdi&—on ff FortirVorth deliterrinivies that questionable
rth System emanating from
disch,irges- or proh-1 bited discharges are- entering the Fort Wdi
the Custor-ner Systern, CUstorner agrees to assist Fort Worth in locating and eliminatinc
such pr obi bit'E'd dis-charges,
10. 144vastewater QuaIV
101 Customer agrees that on orbefore thi� (301 days from. dat.0 of execution of
this contract 11 shad i ena&t and cause to be enfori. d an ordinance enabling Customer to
eniforce within its Jurisdiction regulations governing industnal waste tha' are at least as
stringent as the provisions of the current Fort Worth !r finance No, 12274 and any
necessary and reasonabie amendment's thereto, and state end applicable federal
regulations re°ating to 1) discharged substances, 21 pro hiNted discharges:
pretreat.me-rit requirements; 4) industrial discharge permitting systeml- and Ir-) industrial
sei-,-n nit odng reports. Customer as to enact and enforce ordinances or any
Ia-mendment3 to Ordinance No, 12274, or any future ordin aces relating to industrial
d,f-s,-harqes, prohibited or controlled �,&,asltes or pretreatment requirements and sUch
amendments anti fijture ordinances shall become incorporated as additional exhibi'ts, to A
tHs contracI; provided, however, Fort Worth shall provide -ijstome-wi4�h a copy of such
proposed ordinances or amendments at mast sixi�,r° (60) days Pe or to the presentation nf
such orcrnan s or am end iments- to the Fort Worlth City Council during which time
Cust0me,- shall have an opportunNt to review samne. Customer shall adopt and enforce
such or000sed r nc'-,narioes or amendments no later than 11,he effex-,tNe -date of the Fort
V%fjodh ordinanos or annendr-nent.
10.2 Customer agrees that the K wrater discharged into the
of the viaste
C-usllcmer S em shali be eaual to or better than the ouald sfandards establis-Fled bj
Fo-'VIAarth Ordinarice No. 12274, or any arimendrnpent adopted pumstuafnit 11r,
19
10.3 Gusto me r sh a I I require Ada significant in-,Justri a I tjsars,wdhin itsjurisdiction Mat
'rm
ar, ain -3
ap ly ji . �d obL PeMIR T
'it airge into the Foit IjVorth Systervl tc _�pl
Custonner allowing such dis6harge. Such perrrtilt sha!l re-quire industrial users to aba#e
prof ill-rited substarce-S QOM their discharge as a aondition to discharging wastewater int-0
the Customer System. The permit application shall cont iin, as a minimum, the following:
Name arid ad-dress of discharger:
2. Agent for discharger-
3, I�ipe of industry;
4, Prodacts produced or services rendered: and
5_ Chemicals being stored -and/or used/.
C stcrner shall provide Fort V\forth a couy, of such application and permit, if issued, within
ce
fourteen (1,14) days after issuail .
I'll- Resale
Customer may provide wasteviater services to wholesale cL stomers Upon
toe_ reoomm��ndation of the Wastewater System Advisory Comrnirtee with prior written
notice to and consent from the Director, said consent not to be unrea son abi'y withheld.
Ciistorner, shall provide the Director a copy of the proposed contract with its wholesale
customer as par, of Customees written notioe, to the Director.
1 if Cu stomer provides wastewater services to wholesale customers, Custorner
1.2
shall require its wholesale customers to comply with Sections 9, 10 and 28 of this contraCt
and to enac and enforce an y area necessary ordinances.
12-
Gutorn er agrees that it has an obligation to prevent Infiftration and infiovv into its
Systerrit and'; thein, irlto the I Fort Worth System, Cu store er %ntlher agrees that all sewer
-H
c Le, I o
"onnedions within its junsdiCtion, which ullimate�y en,,t r in' trte Fort'Olbiih System wfl be
le St q al to
dardS 2' a - e u
tjcazt ons and star
-Of
"'ISM-icted in %,,,,r;crr,.an�-,ew€thap Ali c;,,blespec, U
r1;
1
thins f.'Ohe t=ort -,;,rth eater Department. Further, Customer covenantS and agrees to
maintain strict supervision and maintenance of its Gysternlo prevent connefi- ions'through
which surface drainage c��,n eater ultimately into the Fort Aftrth _System, shall
not make, nor shall it pern-e to be made, any co ne ion which will contribute storm Water
run-off from rainwater spouts, rainwater areas, streets, gutter drain or other source into its
sanitary se-vie sy tenn,
13. rrte Q rsosFI
Customer recognizes the importance of utilizing sludge in a firriely and proper
manner. Customer will cooperate with Fort Worth in any environmentally sound sludge
utilization program meeting federal and state standards within t€le area served by
ustors ier,
1 . 10'a % hulers
Custorrier agrees to adopt the North Central Texas Council of Government's model
ordir ar, . or one similar to it, regulating liquid wastehaulers within Custornees service
area. At a mir,imurn such ordinance shall require liquid asm-haulers to be permitted and
x s n introduction �
r
provide for a manifest systems. Further, said ordinance gal; prohibit the rrr��ot�uc�r�n o�
liquid rite into the Customer System, directly or indirectly.
15. Assistance r
151 In the event Q.istor per requests assistance with Sys errr, fort may, �
at its option, assist Customer. Customer agrees to pay Fort Worth its actual costs
incurred, including, bul. not limited to, labor and material expended. Nothing herein shall
i
be r st-Uc A to require Fort Worth to assist Customer. Suci°-j costs will be invoice- to
I
Custorn,eraund paymient made Within tern days after r - [pt of invoice.
,5,2 1 n, tine event Fo, ,t`. r``th requests assistance with its; System, Customer may, J
a `-' a`a w`: r rfr. r V or qr es to pay us tIorr: r is actual costs
�f
+t not limits 3, labor are matedal e pended, Not in I2� in sh alt
be construed tO require. Custor7ner t() assist st Fort VIVorth- Such Go-t will be invoiced to Fort
assi
faith and payment made within ter, (10)days after rewipt of invoirce.
j
16. LD,--AM--nt fand FiLiance-C q�- e
The parties hereto agree that the failure to make any payments within the Virnes
provided for her._-in results in aa&jonal cost to the pasty to be oaid; therefore, the parties
agree that any paymend required herein not made within 'thirty('00) days of the billing date,
shall be subject to a firiance,charge of ten percent(1 OW, per annum to be calculated from
the date which the payment was rElquired to be made.
17, Rep
If requested by thle Director, e:mdfor Customer, the other party shall provide
quarterly the following data:
A. Actual number of customer ac--ounts discharging directly or indirectly into the
Foil llv`Voith System andfor Customer Systern within its service area;
B, Classification of domestic and noridornestiC accounts within its service area by
rimer and p.-rcentage of accounts dischaFging directly or indirectly into the Fort lNorth
Systern and/or Customer System within its,service area.
C. Add fionai data which may assist Fort Worth and/or Customer in developing
methodology for cast of s3rvice studies, planning studies for analyzing'federal grants, and
system access fees-, provided, ho evert that neither par-ty shall request data that vA!
relquire either parbI to incur unreasonable expenses in providing sUCIh data.
18. Not,ces
Any notice, communication, request, reply or advice here°n provided or permitted
giver, nnade or accepted by either part� to the other paty must Lie in w6fing to.
City of FortliVorth: VVater Director
Cr�- of 'Wonth
i 060 Throckm,. SIreet
Forl"Aforth, Texas 76102
22
Custorner: Mayor
Citly oflAlatauga
71011 IYA.Ahiftley Read
,,Atatauga, Texas 76148
he ,`dies hereto st all iridicate in wriJng any change that any o-cw in such respective
a-d'dres-se,S fr rn fir-ne `,n time-
19, Ir
fecords and accounts required 'lo rnantaflned by each Pari.-y hereto
j
si4i be kep! for a perlou of five (5) yeais, Each parlby shall at all firnes, upon notice, have
'he right at reasonable times fn examine and Inspect said records and accoL rIts during
normal business hours: and further, if required by any !avj, rulie or regulation, make said
recr ads and accounts available to federal and/or state audftors.
20. Cgrnsent
rhenevel-, under the terr,,r, of flihis aareefrlent, R,,?t 'v,!oilh is, permitted W give its
-nay give of rnay refijse such
consent or appioval, Fort VVor!h, in I' discretio.,,, it I
vv6tterl consent or approval and, if given, may restrict, flimit or condition such consent or
a rovai in any anner
It shall deem advisable- however, consent will not be
pp m
oreasoni ably w thhefd.
21. Waiver, Remedy Severabilit�
21A No v.aiver by either party hereto of any term or condition of thlis agreement
shall be deerned or cans`- -,-J' to be a waiver of any otherte.rrn o-con di-an or st-ibsequent
vjait,,,er of the same terry} cr condition.
21.2 In addition DO any Gthe, remedy as may be provided by law, thi's agreement
shall be specifically enforce�ihle by the -arties herefO, Venue for any Paction shall be in
Tarrant Co-unty,
2 13 It is agree;;tea t,. in the evemt any term. or provision herein contained is hel, to
be invalli cl bv any court as competent iurlisdk,-Von, 'the iniva,1101ity of such term or provision
shall iin no way affect any other term or provision contained herein; further, this agareement
shall then continue as €�such invalid tea or provision had not been contained herein,
42, Owne, No and I.Lpb
22-1 No p-n-lasir.,ri of Ithis agreement shailf be construeed to create any ti of joint
F P r I V D
, equity ovven ershi,I Ot 1 rul perty, any pa-rtnershmp or Joint venture, nor shall same
create any other nahts or liabilities and Gustorner paynnent's (whether past, present, or y
U tu,
-e! wiR riot be cors-rued as grantinig Customer partial ownership of, pre-paid capacitj
M. or equtit; in the Port I%iVofth System.
22.2 Liabili-tv for damages arising out of the transportation, delivery, reception,
+reptment, Pandfor disoosal of all wastewater discharoed into the Fort Worth System shall
rernwn in the Customer, together with tit de thereto, until such wastewater passes through
'lify for such damage
the oont ofconrection to the Fort Worth, 2:WStern, at which time flabli
s h I Pass to FortAlorth. save and except that title to any prsnibited disicharge and any
'17
Pabiti-ty therefor shall not pass to Foil'VOorth unless such prohibited discharge originated in
the Port Vv'cifth Est urther, the Parties hereto agree to indem, niffy, save and hold the
other party harmifess frorn, any and all claims, demands, causes of ac:tbon, damages,
losses, costs, fines and expenses, including reasonable attorneys fees, that may be
on ac=unt of the transportalion, delivefy, reo-eption,
-isserted bv anv ne at an*v t€ #t U
trealrnent and/ord"isposal while fitleto the wastewater is in such party. FI such liability for
Qann,aa.,,es i's not- attribRAable to a specific custorner olr- Fort,Worth, such, habifity beccomes a
Fort Ivi'Vofth expense.
22 Contracts made and entered into by either Custonner or Frort, Worth fol, the
or rep2;r of ainy d,,:-,fiveiy fcacilfty shall include the requiremenits
'hat the r ntractorll's) rMiust provide adde, ,uate 41surpl,-I°`,�r' prot-'-ctincj of L"he
4
Customer :3;id Fort, 1i'Vorth as insured- I-Sudh c*f1t7,-a&, rriust also provide t the
independent contractors li (;overrant to indernmr-y, hold harmless and defend botil the
Ulstorner and For, 'Aforth, ag21nst any and all suits or clairnF for daniages of any nature
arising our of the performnance of such contract.
231', Compliance with Pprnnit Conditi ons
!,stomer acL.-,nowledges that Fort Vvicrth is the holder of discharge
permits isseel
by the United States and he Sta'te of Texaz. Customer agrees that it wiff comply with at!
perTr;q conditions in any way relating to the collection system, and the disGharge into the
collection systern, C,ustorner agrees, that in the event a fine is- assessed against Fort
vNorth for any violation of any permit condition, and the violatir)n is attributable to any act
of omi ,sion of --ornmission by Clustomer, to indemnify Fort Worth and pay to Fort Worth
the amour ' of such fine, If such fine is not attributable to a specific customer, such fine
becomes a For Worth expense.
24. is of Contract
The life of this contrac+shall be seventeen (17) years from the oate of its execution
and thereafter shall be subject to renegotiation between the parties hereto.
ce
25 For btieu
q:e
No party hereto shall be considered to be in default in the performanir-e- of any of
the obligations hereunder (other than obligations of either party to pay costs arid
expenses) r, such failure of perforrnN�n ce -shall be due to an uncontrollable force beyOnd
the rstr i of the parties, including but not fin, ited to, the failure of faciliti=es, flood,
earthquake, tornado, storyn, fire, lightning, epidemic, war, dot, civil disturbance o.,
disobedience, labor dispute and action or non-action by a faillure to obtain f-he necessary
ai,uthonzationts and approvals frorn any governmental agency or authority or Une
eieclorate, 'abor or material sho-i4ta-le, sabotage, or restraint by a court order Or Mjblic
aiuthor't-V. which by the exercise of due difigence and foresight,such pat"�; could riot have
2'
reasonably been expected to avoid and whic by exercise of d diligence it shall be
unable to overcome. -ii her party rendered unable to POR11 any obliga'ibn by reason &an
uncontrollable f rx shall exercise due diligence to remove such inabilib/ with all
reasonable dispatch.
In the event the proper operation of the For. V11ofth Systern, as a result of the
above, requires For',Worth to temporarily interrupt all or part of the services to Customer,
no claims for dam=-rye shall be made by Customer against Fo,,t Worth. Fort Worth will
exercise its best efforts to insure that such interruptions will not adversely affect the health
and welfare oil Customers residents,
26. Termination
This agreement may be terminated in whole or in part by the mutual consent of
Customer and Fort Worth. Not w4listanding anything contained herein to the contrary,
any matei breach by either party hereto to perform any of the duties or the obligations
assurned by such party hereunder or to faithfully keep and perforrn any of the terms,
conditions and provisions hereof stall be cause for termination of this agreement by Fort
Viorth, in the manner set forth in this paragraph. Fort Worth shall deliver to Customer
ninety (90) days prior wrfften notice of its intention to so terrriinate th;-, --,eernent It
Customer fails to cure or ad;ust such material breach, includina in suo'h notice a
reasonable description of the breach. If within said ninety(90)days Customer shall fail or
refuse to our-- such default to the saticfaction of Fort Worth. then and in such event, For
' ifodh shall have the right with six months advance written additional notice to Custnorner
and wilhout any liability whatsoever on the part of Fort Worth to declare this agreemient
terminalted. in the event of terrriiination of this agreerne nt ao r:, gints, powers, and
�r shall make no
pnv4eges cf CustOmer hereurder shall cease and te,"imate and Oustomc
clain-, &any kind wilalsoever against Fod V%1 b, h, its agents or represenitatives, by reason
of such tei—mination, or any act inciden, thereto, provided FortVV"ortharcted reasonably and,
26
such termination, iivas not unreasoinabie, nrbitrar/ aind capricious, Fort,Won h shall advise
Customer in writing irwriediately upon acceptance of the cure of any default. The
following breach, def ult or failure to perfown a duty, or obligation shall be considered to
be a r-na fen al breach:
a. Failure to adopt and enforce, any ordliharce required to be adopted and
enforced., hereirr;
b Failufe,to make any payment of any bill, charqe r fee
as provided for in this agreement;
C Making any conneetion to,the For(IIA-0h system all-any
point except as provided in Section 2.2 hereof;
d. Failure to provide Fort Worth ingress and egress for
purposes of sampling and operation and maintenance of
any metering or any sampling facility;
C. Failure to provide Fort Worth rig hi,--of-way as
required herein;
f. Failure to pen nit any sampling oftwasterater as
provided fol-herein-,
9. Failure to disconnec'.indriistriai ubars of Cult riser
pursuant to Section 9.3;
h, Failure to rna;ntain f quality of di,5charge as
required in Secti.ons 10.2 and 10.3;
of tith Section '11.2
Failure, Customer to cornply w
hereon;
re o'Customer to comply with Seetion 23 hereol.
X
In the event of any other nonmaterial breaoh, d,- fau,'T. or failure to perform deifies
under this acreement, Fort I/Vorth shall deliver to Customer sixty (CO' days advance
written notice of such default. If Gtistoryper fails to such breach, default or fallure,
then Fort Worth shall giva Cjistanner wrlitten notice ofsuidh failure to cure and may
surcharae Customer Five Thousand Doliars, ($5,000) per m onth until such time as
Customer cures sud"I nom-naterial default.
Arty failure by Fort Worth to so terminate this agreement or tie acceptance by Fort
r of anv benefits under this agreement for ariv period of time after such material
bread, default or, failure by Custorner shall not be determined to be a waiver by Fort,
"Vot' any subsequent material breach,
V3
th of any righl to tee "his agreement fir
default or failure.
Any failure by Customer to so terrninatle this agreement or the acceptance by
Customer of any benefits under this agree ent for any period of time after such breach,
default or failure by Fcj,-+,Vilorth shall not be determined to be a waiver by Customer of any
Ficits to ter-mtinate this agreernent tor any subsequent material breach, default ortfailure.
27. L3jqgional '%Nastewater Auffici±t_v
In the event Fort Worth is des;- e as a regionial wasttewate,r authority or agency
by a duly authoized regulatory body, or if Fo V'Vo h should elect to contract with or
assign this contract to a regional wasfev,'ater aut-honty 110 provide all or part of the services
covered by this agreement, the parties hereto agree that any such regional wastewater
a,uthorfttv may, by 2V of assignment of this agreement, assume the same obligations and
recp,=ve Vie same benefits as Fort Worth- Gustomer hereby grants to Fork Worth the
sp, cific right to assign thiss- agreement subiect to the provisions of this Section-
28. oles leLSy v=ern a ceess Fees
28.1 On a quarterly basis, ('Aistorner agre s t [ay t Fort V'Vortth a !Aft'Yolre'sale a ti
System Access Fee for each new or enlarged connection for wastewater service made
Within Cusl0me(s, service area sewed by the General Benefit capital facilities of the For',
'Worth Svsteni. The '01 holes ale Systern Access Fee to Customer for each such
onnectio',i sl :iH be based upon the size of water rneEer am d shat! be equal to the
Whiolesale Systern Acc ss Fee collected for the same size waiter meter made within 'the
jUrIsdiction of Fort Worth. The calcula-tion of said Whoie--sa!-- -ystem Acc�ess Fee shall be
nonsistent wiffi it appiica-ble state and federal regu;ations, including Chapter 3cj5, Texas
Locai Government Corle, or any amendment or suwessor statute thereto, and shall
'nchjde only those costs associated with lGeneral BeneN -.;aoital expansion:s and capital
improvements ner-essarl to provide service to new (J'evelopment. Nothing within this
contract shall be deemed to prevent either Fort Worth or Customer from charging their
ovvn retail customers impact fees in excess of the 'lMholesale Sy,-,tem Access Fee charge
DrOvided for herein,
28,2 Fcrt 'Worth agrees 'that afil monies rernitted to it pursuant to this Section will
be plaoed in a separate interest bearing account to pay only for the cost of constricting
'+a'
,aloi imr Provernents or facility expansions as permitted by Chapter 395, Texas Lo;I
Gov ern m,ent Code, or any amendment thereto, or by any successor statute then to, and
will not be used for operation and maintenance expenses, On expended, such funds
and all interest earned thereon will be considered a "contribution" for rate setting
purposes only,
Custonne, shall provide to Fort V%Iorth such Mfoi—mation that relates to the
�making of ne-vv andfo,r erJarqed connectioa s v,!ithin its jurisdiction as may be requested by
the Direct"or, Mcluding but rioll, [Innited to buiiding per-nnots, with, each quarltedy payment,
required fri, tfl section.
9
28.4 04-,,�Ither Fort�vV,,--,,011i r,,of Customer shall waive arly impact fee due, lfrtom a retail
custorner for a nemv or enlarged -Connection -110 its respective sy em within i-tsjunsdiction.
However, either Fort Worth or DUstorrar may pay such impact fee into the fund required
for payii,by for the-,-pital improvements.
28.5 The 'Naste crate r System Advisory Committee referred to in Section 29
hereof shall select five (5) of its members to a subcommftee known as the CustOrrier
Impact Fee ("'ornimittee (CI . Every three yeaum, beginning June, 1999, Fort Worth will,
update the find use assurm)fions and capital imp roverrients plan upon which the
1,(Vholesale System Access Fees are based, In June !9018 and every three years
thereafter, the CIFC shall submit a list of five qualified engineers or planning consultants
to the irecto!, The Director shall select a consultant from Such list tO assist Fort VJorth in
developina land use assumptions, identifying capital improvements, and formulating
ranital lmprovern.ent plans and access fees. The consultant shall be responsible to F-ort
Worth and its citizen's advisory Commetee, but shall also report to the CIFC, The cost of
the consultant shall be deemed a System Cost. In the event the CIFC fails to submit a list
of firve consultants to Fort Worth, Fort V-Vorth shall select a cons--ultant to pefflor m in the
nn-- per described inerein-
28.6 Fcart ,florth agrees that only those capital improvements as defined in secttion
'1 hereof shall be included in the 'apital improvements plain for the purpose of
determining Wholesale System P-.,cress Fees; provided, however, Fort Worth may it
oth,er capital improvements for the purpose of determining impart fees to its own retail
custorner-s. Fort 101orth shall not I'le required to include all capLal Improvements in any
capital im pro vemeni.'s plan, The CIFC shall be responsibie for working with Fort IvNorm
and its to7mrisultant detern-ime the capital i—niprovements to be included in It-he calculation
of any 'votvholesal-e Systern .aces Fees, Thee CI FC sh-ll irt,,corrm-,iend to the liVastewater
System Advisor�y, Committee which capital is pro,11ennents shouid b,,,:i induded in the
calculation cf amy IVAA-iofesalo System Access Fees. The CJlFC shall also meet with Foi!
ry cornmiftee as st-ich citizen's advisory cornmiftee reviews and
O-Vorth's citizen is
U ,
considers land use assump"ticrls, the capita! improvernents plan and impact fees.
287 Prior to the }d do n of arw land use assumptions, capital improvement,., or
access fees, the GlFC shall be fumissed a copy of the proposed land use assumptions,
capitel imorovement plan or access fees at !cast 30 days prior toany scheduled hearing
th e 7��_a or,. Any revised access fee adopto-d pursuant to such updated capital
improverrents plan shall not take effect for a period of' at lest ninety (90) after
aoRPfion, �jy Is _!-t'0J,)rth
year Fort Worth steal; -rolf;de lo the "APholesale Wastewater Advisory
au0itr--d financial st atement of the Fort 101orth Water Department's, records.
4 i
28,9 r7ort 'Vviorth and Customer agree that the methodology for the calculaL on of
Wholesa�e 4-3r Access Fees required herein is consistent with the method.ology
's'
prescribed , v Chapter 395, Telvas Local Gov rnm
eent Code. In the event that such
st,=�tuiory rrfet',,odotrogy is amended or replaced by a new, statute, the, lulfholesale
"V
Q a stewa,"er Advisory Corrfrniqlee may engage legal counsel to worik with Fort Worth to
propose amendments to this contract to confo—nn it to such amendment or new statute.
reasonable cost of such legal counsel shall be a system co-SL
29. 'NastevvateE tit., Advis
�=Qomrnitte,
,Custcfrnel`s goveming body sNall annually appoint a representatiVe to be a voting
member of the kNlastewater Adviscry Committee. The puipose of the Commilftee shall be
to consult with, and advise Fort Worffi, th.'OUgh the Director, on mafters Dertai din gtO
Panni,ng, improvements, grants-, rate sfiudies, budoets, administra ti. ni, and addlitional
viholesale c-ustomers-, wflethesarrie be wholesale CUstOrn,,e-,-s of Customer or Fort'Avorth,
F e-41e Date
This con b-261, together with ail terms and conditions and covenants, shall be
effective December 1, 1996,
31. iscellaneo s
31.1, This agreement is subject to aii applicable federal and state laws and are
applicable pet�nits, ordinances, or anise—nd dents adopted pursuant to Section 10A rules.
3
orders and regulations of any state or federal go ernmentai authority having ing or asserting
jurisdiction, out nothing contained herein= shall be construed as a waiver of any right to
question or contest any such €a w, ordinance, order, rule or regulation in any forum having
jurisdiction.
31.2 The Customer agrees to abide by any changes in this agreement made
necessa#y by arty amendment or revision to state or federal regui lions.
31.3 Upon prior notice by Fort 0,10 n, any duly authorized employee of For � �`or(h
bearing proper credentials and identification shall nottf�y, Customer of need for access to
any premises located within Customers oitj limits or served by Customer as may be
necessary for the purpose 03 ,nspe���ons and observation, measurement, sampling arid
testing and/or auditing, in accordance with the provisions of this contract. Customer may
elect to accompany the Fort 'Worth representative. To the extent perrn$tt":-A by law, t=ort
Worth agrees to indemnify Customer for any damage or injury to person or property
caused y the negiigence of such duly authorized employee hiie such employee is in
t;e course arid scope of his employment.
A In each instance herein where re re tie is made to a federal or state
recFlat€on, it �s the intention of the parlbi` t, at any g v ;'i fime, `e ctur ` t °: � i or
rite es ulaflo shall apply, §f r lo- ion or re't� o£ �u�r; refer r. � .� r � :s �
I1�
32
d j,[
6
1
4U
c -tic new standards
,hange, or new f athoids or processes are implement -d by -h,
e , F rt
shail be adopt which are in compliance with state and federal laws and any valid rules
arid regulations pursuan I t thereto,
.5 Fort Worth most comply with all 'Federal, state and focal government
requirements to obtain grants and assistance for system desIgn, system construction and
studies. Customer agrees to assist Fort Worth in compliance by setting adequate rates,
estabiishing proper user Charges and complying with governrnenral requirements,
31,63 Section headings in this agreement are for convenience only and do not
purpor' to accurately or completely describe the contents of any section. Such headings
are not to) be consirued as a part, of th's agreemen- Jr any way defining, lirniting or
t I L
w-riplifying the provisions hereof.
31.7 V'O-,enever any disputed ma"iter erein is to be specifically determined by the
use of an arbitrator, the following procedure is to be followed. The party requesting 'that
the dispute be settled b�arbitration shall serve on the other party 2 request in writing that
such matter be handled by arbitration. Customer and Director'shali mutlially agree in
Wfiting on the selection of art impartial arbitrator. Such agreement shall be made within
ten (110) days from the date that the request for arbitration is received. If an agreement is
n 10
o4 reached on the seieri-ion of the impartial arbitrat r on or before the tenth (10th) day
after thl-z, -- ,7 f.7iat notice is received, the Director shall ;Immediately request a list of seven
qualified neutral arbitrators from the American Arbitraticin Associa,,,-.'--D'n of the Fec)��ral
M-diation and Conciliation Service, or their successor in fun ction, The Customer and
'Director rnay mutual!y agree on one of the seven ad-Arators on the list, If they do not
agree MNn, five yam;working days after the receipt of the fist, Customer and Director
aH'ernate strikinj a name fro�m the list and -'hie nanne remnainina she:.ff be, the
arbitrator, Customer and Director Shall mtutually agree on a date for th-e arbitration
hearing. The decision of the arblfrato-shaH be final, and iudgment may be -entered uport
it, in accordance with applicabie law in any courl, having jurisdidion thereof.
IN WITNESS WHEREOF, the parties hereto ha-vte- CaLfSe-d this agreement to be
executed, by their respective officers thereuntO duly authorized.
A-F-IEST: CI-P!'OF FART WORTH j.
Al" By:
it Secreia ry Cilby Manager
APPROVED AS TO FOW,(I AND It-FGAt 1TY-
Date-
A—11 E--S 1 C!TY OF 141ATAU"GiA
BY:
c
i r y Its: MWI
VED AS TO FORIve'l AND LEG LMT :
October 28, -1996
Date-
U Atlzx to 1
� ney
Contrs'et
Date
,34
W/brUi, Tlipxws
AlaVor and C",ouncilCommun tion
I C r-111
Z"'VEIRREUNCIE F-AGE
I LOG NAME
P
**C -5-
2196
6 7 60WAT 04
SuBJEC-7 CONTI RACT FOR WASTEWATER SERVCE BETVVEEEN PORT WORTH AND 1,YAJAUGA
RE: 0 LA M E N D A T
It is recommended that the City Counc!! authorize the City Manager to enterinto a cointract for
F the Provision of -,,vno�esaie waste',jveter servi
ce to trl-e Citu�-- of Watauga,
Qi
fhe City of Fort Worth received a latter dated '-,une 24, 996 from Lee Maness, City Manager
of the '�ity of Watauga, indi'lcating its desire to obtain vv a ste water services directly from the City
Fort Worth. The letter stated that the WataUga and Nort.e Richland Hills wastewater systems
wre compfete!y separated at this time. As! of Watau.9a's wastewater flows by gravity to the
I si'nigie metering point at"The City of Fort Wwth" North Ric'rland Hills-West Westewater Metering F
Station" located rear Big Fossil Creek 1-nniediate!y south o_1 Loop 820,
The proposed contract is the same as the contractswith other mumicipalities.
FISCAL INFO RMATION/C ERTI FICATIO N
The Director of rFisca! Services certifies -'tat billing and calfeCt'ion for this service will be the
reesponsibility of *ate Water Department,
MG.,
Submift
fted for Cqy%Ipr R'N 1 COUNT
1 NIR UNT CITY SECRETARY
UT CE, T
01fice bv:
R"VE
I ongimUrl,Deikar"Men,Head, '7Y i� r'qf
I For Adaftion-Pi lmforma',ion
"V 3 e