HomeMy WebLinkAboutContract 31496 34-q-4
AGREEMENT BY AND BETWEEN THE CITIES OF CROWLEY AND FORT WORTH
FOR THE CONSTRUCTION OF
DEER CREEK WASTEWATER COLLECTION MAINS
WHEREAS, the City of Crowley has 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, such contract being Fort Worth City Secretary Contract
No. 15754, dated April 7, 1987;
WHEREAS, the City of Crowley has its own wastewater collection system to
collect and transport wastewater through its collection system and then into the Fort
Worth collection system for treatment at Fort Worth's Village Creek Wastewater
Treatment Plant;
WHEREAS, the Cities of Crowley and Fort Worth have areas within their
respective jurisdictions where it would be beneficial for both to cooperate in the
construction of certain wastewater collection systems improvements, hereinafter
sometimes referred to as the "Improvements"; and
WHEREAS, the Cities of Crowley and Fort Worth desire to enter into an
agreement establishing each city's duties and responsibilities as they are related to the
Improvements.
Now, therefore, the City of Crowley, hereinafter referred to as "Crowley", acting
herein by and through Truitt Gilbreath, its duly authorized City Manager, and the City of
Fort Worth, hereinafter referred to as "Fort Worth", acting herein by and through Marc A.
Ott, its duly authorized Assistant City Manager, do hereby agree as follows.
1.
1.1 Crowley has previously retained the services of an engineering consultant to
prepare plans, specifications and contract documents for wastewater collections Mains I
and J, generally as shown on Exhibit "A" attached hereto and made a part hereof for all
purposes. Crowley, at its sole cost and expense, shall be responsible for obtaining
modifications to the existing design in order for these mains to be sized properly to
transport wastewater from Fort Worth to the Village Creek Wastewater Treatment Plant.
Crowley specifications will govern the design and construction of Mains I and J.
1.2 Crowley, at its sole cost and expense, shall be responsible for obtaining all
easements within its jurisdiction for the construction of Mains I and J.
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1.3 Crowley, at its sole cost and expense, shall be responsible for the operation and
maintenance of Mains I and J. Fort Worth shall never have any responsibility for any
costs associated with the operation and maintenance of Mains I and J.
1.4 Crowley and Fort Worth agree that the capacity needs of each city for Mains I
and J is as follows:
Main I Crowley Fort Worth
5,458 gpm 2,952 gpm
65% of total capacity 35% of total capacity
Main J Crowley Fort Worth
8,039 gpm 8,461 gpm
49% of total capacity 51% of total capacity
The estimated cost of Main I is $906,000 and the estimated cost of Main J is $650,000.
These estimated costs shall be shared by the parties in an amount equal to each city's
capacity requirements. The final cost of the parties shall not be established based upon
this estimate, but will be based upon the final construction costs multiplied times each
city's percentage of capacity in each main as stated herein.
1.5 Crowley shall be responsible for the advertising of bids, the award of contract for
construction and the inspection of the construction to assure that Mains I and J are
installed in substantial compliance with the plans and specifications therefore. Crowley
shall advise Fort Worth of the amount of the construction contract to be awarded and
Fort Worth shall remit its share of the construction cost with 30 days of being notified.
Crowley shall be under no duty or obligation to award the construction contract until Fort
Worth remits its payment to Crowley.
2.
2.1 Crowley has existing wastewater collection mains that are located along the
proposed alignments of Mains AA, C and F, such existing wastewater collection mains
are shown on Exhibit "A" as Main Z. Crowley agrees to permit no more than 250 single
family residences located within Fort Worth to connect to Crowley's Main Z upon the
execution of this contract. The connection of the 250 single-family residences is
contingent upon the construction by Fort Worth of Main P to connect to Crowley's Main Z
and the construction of the metering station marked as MS-1 on Exhibit A.
2.2 Upon the completion by Fort Worth of Main P or Crowley's completion of Mains I
and J, whichever occurs later, Fort Worth will begin the process for the design and
construction of Mains AA. C and F. Fort Worth's specifications and standards will
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govern the design. Fort Worth will endeavor to have the necessary design for these
mains completed within eighteen (18) months following completion and acceptance of
Mains I and J, and endeavor to complete construction within eighteen (18) months
thereafter. The failure of Fort Worth to complete the design and construction of these
mains shall not subject Fort Worth to any liability.
2.3 Fort Worth, at its sole cost and expense, shall be responsible for obtaining all
easements necessary for the construction of Mains AA, C and F; provided, however, that
Crowley shall grant, without charge to Fort Worth, such easements and rights-of way
along public roads or other property owned by Crowley, as requested by Fort Worth, in
order to construct or maintain mains such mains. The Parties understand that the time
schedule provided for in paragraph 2.2 are contingent upon the timely acquisition of
necessary easements.
2.4 Crowley and Fort Worth agree that the capacity needs of each city for Mains AA,
C and F is as follows:
Main AA Crowley Fort Worth
1,705 gpm 6,744 gpm
20% of total capacity 80% of total capacity
Main C Crowley Fort Worth
2,773 gpm 6,744 gpm
29% of total capacity 71% of total capacity
Main F Crowley Fort Worth
3,280 gpm 6,744 gpm
33% 67%
The estimated cost of Main AA is $765,000. The estimated cost of Main C is $314,000.
The estimated cost of Main F is $330,000. The parties shall share these estimated costs
in an amount equal to each city's capacity requirements. The final cost of the parties
shall not be established based upon this estimate, but will be based upon the final
construction costs multiplied times each city's percentage of capacity for each main as
stated herein.
2.5 Fort Worth, at its initial cost and expense, shall be responsible for the advertising
of bids, the award of contract for construction and the inspection of the construction to
assure that Mains AA, C and F are installed in substantial compliance with the plans and
specifications therefore. Upon completion of construction Fort Worth shall notify
Crowley of the final construction cost and Crowley's share of such cost. Crowley, at its
sole timing and discretion, may connect its wastewater collection system to Mains AA, C
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and F, at which time Crowley's costs associated with the design, construction and
inspection for all three mains shall become due and payable to Fort Worth.
2.5 Fort Worth, at its sole cost and expense shall be responsible for the operation
and maintenance of Mains AA, C and F until such time as Crowley connects any of the
wastewater collection system into one or more of these mains. Upon Crowley making
such connection, Fort Worth shall convey to Crowley Mains AA, C and F. After such
conveyance, Crowley shall be responsible for all costs associated with the operation and
maintenance of Mains AA, C and F. Thereafter, Fort Worth shall never have any
responsibility of Mains AA, C and F.
2.6 As of the date of this contract, Crowley is currently constructing Main L, from
point M to point N. During the design phase for Main L, Fort Worth requested that Main
L be increased in size to accommodate flow from Fort Worth, which request was
approved by Crowley. Fort Worth agreed to participate in the cost of Main L in the
amount of $97,370. Upon completion of the construction of Main L and acceptance by
Crowley, Crowley will notify Fort Worth in writing, and within 30 days of receipt of such
notice, Fort Worth shall remit payment in the amount of $97,370 to Crowley. Crowley
agrees to allow Fort Worth to extend Main L in order to provide service to areas within
Fort Worth or its extraterritorial jurisdiction. The connection by Fort Worth of such area
is contingent upon the construction by Fort Worth of the main extension to connect to
Crowley's Main L and the construction of the metering station marked as MS-2 on
Exhibit A.
3.
3.1 Fort Worth shall be allowed to connect its customers upstream and within the
drainage basins served by Mains HH and HHH without reimbursement to Crowley for
any costs associated with these mains.
3.2 Crowley, at its sole cost and expense shall be responsible for the operation and
maintenance of Mains HH and HHH. Fort Worth shall never have any responsibility for
any costs associated with the operation and maintenance of Mains HH and HHH.
4.
Fort Worth shall be responsible for reading meters MS-1 and MS-2, as well as
the meter that measures Crowley's flow into the Fort Worth System, hereinafter referred
to as the "Crowley Meter". The volumes measured at MS-1 and MS-2 shall be deducted
from Crowley's total flow for billing purposes. In addition, Fort Worth shall sample the
flows at MS-1 and MS-2 at the same time that Fort Worth samples Crowley's flow into
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the Fort Worth system. The BOD and TSS levels measured at MS-1 and MS-2 will be
deducted from the total BOD and TSS measured at the Crowley Meter for billing
purposes.
5.
5.1 Whenever Fort Worth connects any of its customers to Mains AA, C, F, HH or
HH, prior to such connection a metering station shall be installed to measure the quantity
and quality of the wastewater flows. Crowley shall not be responsible for any costs
associated with any metering station, except as such cost may be includable in the
calculation of rates under the wholesale contracts that Fort Worth has for the treatment
of wastewater.
5.2 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 1-1/2% per month until paid.
5.3 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 Crowley:
Mr. Jim McDonald, Public Works Director
PO Box 747
Crowley, Texas 76036
Telephone: 817-297-1851
Facsimile: 817-297-5042
If to Fort Worth:
Mr. Frank Crumb, P. E., Acting Director
Fort Worth Water Department
1000 Throckmorton
Fort Worth, Texas 76102
Telephone: 817-392-8243
Facsimile: 817-392-8195
5.4 Nothing contained herein shall be construed so as to prevent Fort Worth from
including any costs it incurs hereunder as system costs as that term is defined in its
wholesale contract with Crowley and its other wholesale contracts to the extent that such
costs may be includable in rate calculations.
5.5 This Agreement may not be changed, revised or otherwise amended unless it is
in writing and approved by the governing body for each Party.
5.6 The parties acknowledge that each party and, if it so chooses, its counsel have
reviewed and revised this Agreement and that the normal rule of construction to the
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effect that any ambiguities are to be resolved against the drafting party must not be
employed in the interpretation of this Agreement or any amendments or exhibits hereto.
5.7 This Agreement shall inure only to the benefit of the parties hereto and third
persons that are not privy hereto shall not, in any form or manner, be considered a third
party beneficiary of this Agreement. Each party hereto shall be solely responsible for the
fulfillment of its own contracts or commitments.
5.8 This Agreement will not be construed in any form or manner to establish a
partnership, joint venture or agency, express or implied, nor any employer-employee,
borrowed servant or joint enterprise relationship by and among the parties. Each City
shall be an independent contractor to the other and shall be responsible at all times for
directing its employees in the course of their duties.
5.9 The provisions of this Agreement are severable, and if any word, phrase, clause,
sentence, paragraph, section or other part of this Agreement or the application thereof to
any person or circumstance shall ever be held by any court of competent jurisdiction to
be invalid or unconstitutional for any reason, the remainder of this Agreement and the
application of such word, phrase, clause, sentence, paragraph, section, or other part of
this Agreement to other persons or circumstances shall not be affected thereby and this
Agreement shall be construed as if such invalid or unconstitutional portion had never
been contained therein.
5.10 If, by reason of Force Majeure as hereinafter defined, any party shall be rendered
wholly or partially unable to carry out its obligations under this Agreement, then such
party shall give written notice of the particulars of such Force Majeure to the other party
within a reasonable time after the occurrence thereof. The obligations of the party giving
such notice, to the extent affected by such Force Majeure, shall be suspended during
the continuance of the inability claimed and for no longer period, and any such party
shall be in good faith exercise its best efforts to remove and overcome such inability.
The term "Force Majeure" as utilized herein shall mean and refer to acts of God;
strikes, lockouts or other industrial disturbances; acts of public enemies; orders of any
kind of the government of the United States, the State of Texas, or any other civil or
military authority; insurrections; riots; epidemics; landslides; earthquakes; lightning; fires;
hurricanes; storms; floods; washouts; or other natural disasters; arrest; restraint of
government and people; civil disturbances; explosions; breakage or accidents to
machinery, pipelines or canals; or other causes not reasonably within the control of the
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party claiming such inability. Force Majeure shall not excuse the obligation of Customer
to pay for emergency water service provided under this Agreement.
5.11 This Agreement shall be construed under and in accordance with Texas law.
5.12 Venue for any action arising hereunder shall be exclusively in Tarrant County,
Texas.
5.13 Fort Worth's obligation to construct Mains AA, C, F and P is contingent upon
sufficient development within Fort Worth that requires the construction of the mains and
developer participation in the cost of such mains.
Executed this the day o , 2005.
ATTEST: C OF R W T
B
City Secrets Marty Hendri c Marc A. Ott
Assistant City Manager
AP Form d Legality:
\ C,;r.=""cis'_ s i1C;r "a Li D`x3.
Assistant Cit Attorney
n�1T,
ATTEST: CITY OF CROWLEY
Bp`-J/2G� �
City Secretary
Approved as to Form and Legality:
Ned Webster
City Attorney
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FORT WORTH Exhibit 'A'
• WATER CFW and Crowley Size Comparison
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Meter Station
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Existing Wastewater s
Main 'L' Gravity Mains
(Lasater Additio `.` Force Mains
Crowley Sewer
Proposed Sewer
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Lift Station
' `� Q Deer Creek Basin
8urles CFW City Limit
CFW ETJ '
Recent Crovrley Annexations
City of Crowley
1 inch equals 4000 feet
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/31/2004
DATE: Tuesday, August 31, 2004
LOG NAME: 60LASATER REFERENCE NO.: C-20249
SUBJECT:
Approval Of Community Facilities Agreement with MAW Lasater Ranch Holdings, LLC for
Construction of Sewer Mains to Serve Lasater Ranch, Phase 1, Located Inside Crowley City Limits,
in Tarrant County
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Community Facilities
Agreement with MAW Lasater Ranch Holdings, LLC for the installation of sewer mains to serve Lasater
Ranch, Phase 1, located inside Crowley city limits, in Tarrant County.
DISCUSSION:
MAW Lasater Ranch Holdings, LLC, has executed a proposed contract for community facilities to serve a
single-family development located in the City of Crowley (see attached map). The developer submitted a
request to participate in 7,390 L.F. of an 18-inch sewer main construction from the City of Fort Worth to
serve Lasater Ranch, Phase 1. It is recommended that the city participate in the cost of oversizing the
pipe from 8-inch to 18-inch in order to provide sewer service to Fort Worth ETJ customers located to the
west of Crowley.
The total cost for water and sewer improvements for this development is $346,742. There will be City
participation in sewer pipe oversizing to increase pipe capacity and to promote orderly growth in the Fort
Worth ETJ. The developer and City estimated costs for water and sewer improvements are subject to
construction inspection fees.
ESTIMATED COST:
PROJECT COST DEVELOPER CITY TOTAL
WATER $0.00 $0.00 $0.00
SEWER $249,372.00 $97,370.00 $346,742.00
EASEMENTS $0.00 $0.00 $0.00
TOTAL $249,372.00 $97,370.00 $346,742.00
This project is adjacent to COUNCIL DISTRICT 6.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Sewer Capital Projects Fund.
T.nannmi • i' 01 ACATFR
, A
TO Fund/Account/Centers FROM Fund/Account/Centers
P174 539140 070174014001 $97,370.00
Submitted for City Manager's Office bv• Marc Ott (8476)
Originating Department Head: S. Frank Crumb, Acting (8207)
Additional Information Contact: S. Frank Crumb, Acting (8207)
T.nunamP• F0T ARATFT? _ _