HomeMy WebLinkAboutContract 32219 CITY SEC
ETAR
CON R CT NO Y 3 oZo� f
AGREEMENT BY AND BETWEEN THE CITIES OF
HASLET AND FORT WORTH AND THE TRINITY RIVER AUTHORITY
FOR THE CONSTRUCTION
OF CERTAIN WASTEWATER COLLECTION MAINS AND
THE TRANSPORTATION OF WASTEWATER
WHEREAS, the City of Haslet has its own wastewater collection system to
collect and transport wastewater through its collection system and then into the Trinity
River Authority's Interceptor System for treatment at Trinity River Authority's Denton
Creek Wastewater Treatment Plant;
WHEREAS, the City of Fort Worth and has its own wastewater collection system
to collect and transport wastewater through its collection system and then into the Trinity
River Authority's Interceptor System for treatment at Trinity River Authority's Denton
Creek Wastewater Treatment Plant;
WHEREAS, the City of Haslet and the City of Fort Worth each have a contract
with the Trinity River Authority for the transportation to and treatment of wastewater at
the Trinity River Authority's Denton Creek Wastewater Treatment Plant;
WHEREAS, a developer has approached the cities of Haslet and Fort Worth
regarding the development of certain property within the extraterritorial jurisdiction
("ETY) of Fort Worth who desires to participate in the construction of a sanitary sewer
line that will extend from Fort Worth's ETJ through Haslet and then connect into the
Trinity River Authority's Interceptor System;
WHEREAS, the Cities of Haslet 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 system improvements to transport
wastewater to the Trinity River Authority's Denton Creek Wastewater Treatment Plant,
hereinafter sometimes referred to as the "Improvements" as more particularly defined in
Section 1.1 below; and
WHEREAS, the Cities of Haslet and Fort Worth desire to enter into an agreement
establishing each city's duties and responsibilities as they are related to the construction
of the Improvements.
NOW, THEREFORE, the City of Haslet, hereinafter referred to as "Haslet",
acting herein by and through Francis S. Leong, its duly authorized Mayor; the City of
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Fort Worth, hereinafter referred to as "Fort Worth", acting herein by and through Marc
A. Ott, its duly authorized Assistant City Manager; and Trinity River Authority,
hereinafter referred to as "TRA" acting herein by and through Danny Vance, its duly
authorized General Manager, do hereby agree as follows.
1.
Design, Construction and Inspection of Improvements
1.1 "Improvements" as used herein shall mean the 12" wastewater collection main
from Point A to Point B; 15" wastewater collection main from Point B to Point C; the 21"
wastewater collection main from Point C to Point D; the wastewater metering sampling
station located approximately at Point B, such metering station being hereinafter referred
to as the "Fort Worth Meter", all as shown on the attached Exhibit "A", which is made a
part hereof for all intents and purposes.
1.2 Fort Worth shall be responsible for obtaining the engineering design for the
Improvements. The Improvements shall be designed to meet the construction standards
adopted by TRA. Fort Worth shall provide the design documents to Haslet, who shall
have the right of review and approval, prior to the award of any construction contract.
Fort Worth shall be responsible for the award of the contract for the construction of the
Improvements.
1.3 Fort Worth shall obtain TRA's written concurrence of all constriction plans,
specifications, construction schedule, land rights documents and contract documents
related to the Improvements once they are complete. Fort Worth shall also obtain written
concurrence of all addenda and change orders. Concurrence by TRA of drawings,
designs, specifications, reports or incidental engineering work shall not in any way
relieve Fort Worth of the responsibility for the adequacy of the proposed facilities.
1.4 Fort Worth is required to obtain all material, labor and equipment and
jurisdictional permits necessary for the administration and construction of the
Improvements. TRA shall perform inspection during construction and provide input to
Fort Worth as necessary. Should TRA's inspection reveal constriction not in accordance
with approved plans and specifications, addendums or change orders, TRA will
immediately notify Fort Worth in writing, and Fort Worth will take proper action to
remedy the discrepancy, all subject to TRA's approval. IRA's inspection of the
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Improvements shall in no way relieve Fort Worth from its responsibility to inspect the
Improvements. Fort Worth shall advise Haslet and TRA's Construction Services Staff at
least 72 hours in advance of its intention to commence construction and TRA shall
inform Fort Worth of the name of the individual responsible for inspection on behalf of
TRA. Upon completion of construction, Fort Worth shall provide TRA and Haslet with
one (I) each reproducible set of record drawings.
1.5 Upon execution of this Agreement, TRA shall create on its books a separate
account to be known as the "Trinity River Authority of Texas Fort Worth-Haslet
Wastewater Interceptor System Construction Fund" (the "Construction Fund"). The
Construction Fund shall be maintained and applied by TRA for the sole purpose of
paying the costs of land rights review, construction administration and inspection related
to the Improvements as provided for in this Agreement. To initially fund the
Construction Fund to a level currently estimated to be sufficient to provide for the
construction administration, inspection and land rights review, TRA has prepared a cost
estimate for the initial deposit of $58,000, of which Haslet shall be responsible for
10.71% and Fort Worth 89.29%. Fort Worth shall be responsible for any adjustment in
the Construction Fund as determined by TRA. If such adjustment requires the deposit of
additional funds, TRA shall invoice Fort Worth and Fort Worth shall deposit such
additional funding within 30 days of receipt of notice. Upon completion of the
Improvements, TRA will conduct a final cost accounting to determine the extent of any
remaining unspent funds in the Construction Fund. To the extent there is money
remaining in the Construction Fund after all costs have been paid, the amount of
remaining funds will be returned to the Cities in the percentages stated herein, after
adjustment for any additional funds that may have been deposited by Fort Worth. To the
extent the remaining funds are insufficient to pay all costs, TRA will submit an invoice
for payment to Fort Worth.
1.6 Fort Worth is responsible for obtaining all easements that are necessary for the
construction of the Improvements. All such easements shall meet the following
requirements:
a. Each property should have a title commitment prepared to verify cuiYent
ownership and any and all lien holders.
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b. The easement form used should be prepared or conform to TRA standards.
Any changes to the easement form require TRA approval.
c. The easements should be use specific, i.e. "Sanitary Sewer, Water Line" etc.
d. All permanent easements require a title policy, which will require any liens be
subordinated or a partial release from the lien holder.
e. All meter stations shall be acquired as "Fee Simple title" and have a
permanent access easement from a public roadway.
f. Access rights shall be extended to the City of Haslet on all easements from
Point B to Point D for maintenance and operational purposes. Haslet shall
grant, without charge to Fort Worth, such easements along public highways or
other property owned by Haslet, as may be necessary for the construction of the
mains contemplated by this Agreement, to the extent that Haslet's ownership,
rights and interest allow it to do so and provided such easements do not
unreasonably interfere with other uses of the highways or property.
1.7 Haslet and Fort Worth agree to share the cost for the design and construction of
the Improvements as follows:
Line Segment Fort Worth Haslet
Point A to B 100% 0%
Point B to C 87.36% 12.64%
Point C to D 85.71% 14.29%
Point D to E 100% 0%
TRA Meter 100% 0%
1.8 Fort Worth shall be responsible for the operation and maintenance of the
Improvements from Point A to Point B as shown on Exhibit "A".
1.9 Ilaslet shall be responsible for the operation and maintenance of the
Improvements from Point B to Point D as shown on Exhibit "A" until such time as TRA
accepts this part of the Improvements as a TRA system cost. Haslet shall not permit
service taps into the Improvements from Point B to Point D unless such taps are approved
in writing by TRA.
L 10 TRA shall operate and maintain the Fort Worth Meter as an expense of the
Denton Creek Regional Wastewater System.
Page 4 of 10
2.
Metering and Sampling of Wastewater
2.1 TRA's Denton Creek Regional Wastewater System will accept the responsibility
for the measurement of flow generated in Fort Worth and being introduced into the
Improvements at the TRA Meter (Point B on Exhibit "A"). The Denton Creek Regional
Wastewater System will also assume the responsibility for deleting this flow from
Haslet's downstream accumulative flow measurement under the Trinity River Authority
of Texas Denton Creek Regional Wastewater System Treatment Contract between the
Cities of Fort Worth, Haslet and Roanoke dated October 28, 1987 (the 1987 Contract),
and adding it in the billing methodology to Fort Worth, as a Fort Worth contribution to
the Denton Creek Regional Wastewater System. In consideration of Haslet's agreement
to assume responsibility for the operation and maintenance of the Improvements from
Point B to Point D, Fort Worth agrees to pay a transportation charge of$.013 per 1,000
gallons of flow measured through the TRA Meter. TRA assumes the responsibility for
assessing this transportation charge to Fort Worth and crediting this amount to Haslet in
the Adjusted Annual Payment owed by Haslet under the 1987 Contract. The credit to
Haslet will be limited to the amount actually collected from Fort Worth, and in the event
a dispute arises as to the transportation charges, Haslet and Fort Worth must resolve such
differences, as TRA would have no contractual right to do so. Haslet reserves the right to
adjust annually the transportation charge; provided, however, that any such adjustment
shall be based upon a cost of service study; and provided further, the transportation
charge cannot increase by more than 15% from one year to the next and cannot increase
by more than 50% during the period that Fort Worth is discharging into the Haslet
wastewater collection system.
2.2 Metering of the wastewater will be performed in accordance with "Section 5.
Metering of Wastewater" of the 1987 Contract. In addition, sampling shall be done in
accordance with the same contract.
2.3 TRA shall be responsible for preparing invoices for Haslet and Fort Worth, such
bills to be calculated and prepared in accordance with each city's contract with TRA.
2.4 The Fort Worth and Haslet meters shall be calibrated as provided for in each city's
contract with TRA.
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3.
Necessary System Expenses
Fort Worth, Haslet and TRA agree that the services being obtained pursuant to this
Agreement are essential and necessary to the operation of the Parties' wastewater facilities
and that all payments made by Fort Worth or Haslet hereunder shall constitute reasonable
and necessary operating expenses of its wastewater systems within the meaning of Chapter
791, Texas Government Code.
4.
Points of Connection
4.1 Fort Worth will be required to submit a Point of Entry request to TRA in
accordance with Section 3 of the 1987 Contract. Initially TRA will consider approval of
the Point of Entry to be located where the Haslet pipeline currently connects to the
Denton Creek Wastewater Treatment Plant pipeline (Henrietta Creek Interceptor). When
the future pipeline improvements are constructed and accepted by TRA, TRA will then
consider revising the Point of Entry to be located at or near the TRA Meter.
4.2 Haslet will be required to submit Point of Entry requests to TRA in accordance
with Section 3 of the 1987 Contract for connections to pipeline segments from Point B to
Point D.
5.
Miscellaneous
5.1 Haslet shall be responsible for notifying Fort Worth when the combined volume of
Haslet's and Fort Worth's wastewater flow in Haslet's existing main (Point D to Point E on
Exhibit "A") exceeds 75% of the capacity of Haslet's existing main. Fort Worth, at its sole
cost and expense, agrees to construct a relief main to divert its flow from Haslet's existing
main which will be completed and in-place prior to 90% capacity being reached in the
Haslet Main. The relief main, upon completion and acceptance, will become part of the
TRA System.
5.2 Fort Worth agrees to convey to TRA ownership of the Fort Worth Meter station and
right of access to thestation. If this Agreement or the Fort Worth/TRA agreement for
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treatment of Fort Worth wastewater at TRA's Denton Creek Facility expires or is
terminated, TRA shall convey to Fort Worth the meter station and access right.
5.3 If TRA agrees in the future to accept the operation and maintenance of the
Improvements as a TRA system expense, then Fort Worth and Haslet agree to convey all
easements for the Improvements to TRA.
5.4 Any notice permitted or required to be given herein shall be in writing, mailed
regular mail to the addresses shown below, or by facsimile to the numbers shown below.
If to Haslet:
Mayor
City of Haslet
105 Main Street
Haslet, Texas 76052
Telephone: 817-439-5931
Facsimile: 817-439-1606
If to Fort Worth:
Director
Fort Worth Water Department
1000 Throckmorton
Fort Worth, Texas 76102
Telephone: 817-392-8207
Facsimile: 817-392-8195
If to TRA:
General Manager
Trinity River Authority of Texas
P. O. Box 60
Arlington, Texas 76004-0060
Telephone: 817-467-4343
Facsimile: 817-465-0970
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 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.
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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 Fort
Worth to pay for transportation charges incurred under Paragraph 2.1 of 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 agrees to enforce the provisions of its ordinances as they relate to
industrial waste. Fort Worth further agrees that the quality of the wastewater discharged
into Haslet's collection system shall be equal to or better than the quality standards
established by Fort Worth ordinances related to industrial waste.
5.14 This Agreement shall terminate upon the completion of construction of
improvements from Point D to Point E, and the acceptance by TRA of those improvements
and the Improvements from Point B to Point D as a TRA system cost; provided, however,
that paragraphs 1.8, 1.10, 5.3, 5.5 through and including 5.13, and sections 2 and 3 survive
any such termination.
Executed this the—&41�day of 2 t �20
ATTEST: CITY OF R W
f Y�
Marty Hendrix 0 Marc nk. Ott
City Secretary Assistant City Manager
App r ed as to F r Legality: 0 �O M`" !(1
Contract Authorization
As istant ty tto nate
ATTEST: CITY OFH SLET
�� R By:
Diane Rasor Mary lsey
City Secretary ayor
rAtoForm and Legality:
City 6rttolney
77,
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ATTEST: TRINIT ER RI
By:
oard Secretary Datral
ance
Ge ger
Approved as to Form and Legality:
Counsel for TRA
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/19/2005
DATE: Tuesday, July 19, 2005
LOG NAME: 60LETARA REFERENCE NO.: **C-20856
SUBJECT:
Authorize an Interlocal Agreement between the Cities of Fort Worth and Haslet and the Trinity River
Authority for Construction of the LeTara Sanitary Sewer Main
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an interlocal agreement with
the City of Haslet and the Trinity River Authority for construction of the LeTara sanitary sewer main.
DISCUSSION:
Westwood Group Development No. I, L.P., the developer of Le Tara Addition, has approached the Cities of
Fort Worth and Haslet, and the Trinity River Authority (TRA) regarding the sanitary sewer service to the
subject property within Fort Worth's 287 Zone limited purpose annexation area. This development is in the
Elizabeth Creek Basin, which is composed of 4,955 acres, where 4,525 acres (91%) are in the City of Fort
Worth's extraterritorial jurisdiction (ETJ) or the limited purpose annexation area and 430 acres (9%) are in
Haslet. The sanitary sewer main will be extended from Haslet's existing 15-inch line to the development
with a metering station. The sewer line within Haslet will be maintained by Haslet until Fort Worth
constructs the relief main when Haslet's existing 15-inch sanitary sewer line reaches 90% of its
capacity. Once the relief main is constructed the sanitary sewer mains will become part of the TRA
system (see Exhibit "A-1").
The total cost for water and sewer improvements for this development is $1,668,873, including the fee for
TRA inspection. The developer, the City of Fort Worth and the City of Haslet shall share in the cost of the
sewer improvements. Inspection for sewer main from Point A to Point B as shown on Exhibit "A-1" shall be
performed by the City of Fort Worth. Inspection for sewer main from Point B to Point D shall be performed
by TRA, Fort Worth and Haslet and maintained by Haslett until TRA assumes the maintenance in the
future based on agreement by and between the cities of Fort Worth and Haslett and TRA. In advance, the
developer has paid cash for their portion of the inspection costs and Haslet has paid for their portion of the
construction and inspection costs.
Estimated Cost:
Project Cost Developer(FWJ Fort Worth Developer (Haslet) Haslet Total
Water $614,930.00 $0.00 $0.00 $0.00 $614,930.00
Sewer $408,724.00 $440,018.00 $23,581.00 $50,345.00 $922,668.00
Easements $0.00 $0.00 $0.00 $0.00 $0.00
Fort Worth Inspection $20,473.00 $8,800.00 $0.00 $0.00 $29,273.00
TRA Inspection $14,804.00 $36,983.00 $1,982.00 $4,231.00 $58,000.00
Contingency $0.00 $44,002.00 0.00 0.00 $44,002.00
TOTAL $1,058,931.00 $529,803.00 $25,563.00 $54,576.00 $1,668,873.00
Logname: 60LETARA Page 1 of 2
This agreement is consistent with the City's Wastewater Master Plan and promotes the cooperation
between two cities in the orderly provision of sewer service to the area. Staff considers this agreement to
be reasonable and recommends approval.
This development is located adjacent to COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: S. Frank Crumb (Acting) (8207)
Additional Information Contact: S. Frank Crumb (Acting) (8207)
Logname: 60LETARA Page 2 of 2