HomeMy WebLinkAboutContract 33130 CITY SECRETARY
i�I 3D
CONTRACT NO.
FIRST AMENDMENT
TO THE INTERLOCAL AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND THE CITY OF BENBROOK
CONCERNING WALNUT CREEK SANITARY SEWER INTERCEPTOR
This First Amendment to the Interlocal Agreement Between the City of Fort
Worth and the City of Benbrook for the Walnut Creek Sanitary Sewer Interceptor (this
"Amendment") is entered into this day of,,-M(I , 200 U, between the
City of Benbrook("Benbrook"), acting by and through Cary Co in, its duly authorized
City Manager, and the City of Fort Worth ("Fort Worth"), acting by and through Marc
Ott, its duly authorized Assistant City Manager.
WHEREAS, on March 24, 2004, Benbrook and Fort Worth entered into that
certain Interlocal Agreement concerning the Walnut Creek Sanitary Sewer Interceptor
(the "Agreement"), Fort Worth City Secretary Contract No. 29704 (Fort Worth M & C
No. C-19993);
WHEREAS, the Agreement provided for the design and construction of the
Walnut Creek Sanitary Sewer Interceptor from its point of connection with the existing
Fort Worth Mary's Creek interceptor to a point near the west right-of-way line of
Interstate 20 (the "Project");
WHEREAS, the Agreement anticipated that approximately 5,470 feet of sewer
main would be designed and constructed at an estimated cost of $1,391,163, with
$908,136 to be paid by Benbrook and$483,027 to be paid by Fort Worth;
WHEREAS, Fort Worth entered into an engineering agreement with Carter &
Burgess, Inc. to prepare plans and specifications for the Project for a fee of $111,509,
$72,481 of which has been paid by Benbrook and $39,028 of which has been paid by Fort
Worth, Fort Worth City Secretary Contract No. 30370 (Fort Worth M & C C-20200);
WHEREAS, Fort Worth approved two amendments to the engineering agreement
to include additional engineering services at Fort Worth's expense: Amendment No. 1
for $5,000 (City Secretary Contract Number 32477 dated March 2, 2005) and
Amendment No.2 for $19,320 (City Secretary Contract Number 32477 dated October 13,
2005), for a total design cost to date of$135,829;
WHEREAS, during the Project design process the length of the main has
increased from 5,470 feet to 7,160 feet as a result of realignments to accommodate the
following: avoid conflicts with a TXU easement near Winscott Road and Loop 820
bridge columns, provide a more perpendicular crossing at U.S. Highway 377 as
requested by the Texas Department of Transportation, and save several large trees
located within Z. Boaz Park as requested by the City of Fort Worth Parks and
Community Services Department;
)RIGINAL.
i
WHEREAS, the parties now desire to amend the Agreement to reflect the
increase in the estimated Project construction cost to $2,471,189, as a result of the
increase in the length of the main and escalating material costs, and to establish each
party's responsibility for the updated construction costs and maintenance;
NOW, THEREFORE, the parties, for good and valuable consideration and the
mutual covenants and agreements contained herein, agree that Fort Worth City Secretary
Contract No. 29704 is amended by amending paragraphs 1, 4, 5, 6 and 7 to read as
follows:
1.
Paragraph 1, "Design of the Walnut Creek Sanitary Sewer Interceptor and
Appurtenances (the `Project')" is amended to read as follows:
Design of the Walnut Creek Sanitary Sewer Interceptor and
Appurtenances. Fort Worth has entered into a professional contract with
an engineer licensed in the state of Texas for the design of the Walnut
Creek Sanitary Sewer Interceptor from its point of connection with the
existing Fort Worth Mary's Creek Interceptor to a point near the west
right-of-way line of Interstate 20, and the design of all necessary
appurtenances including manholes and air vent(s) (the "Project").
Appurtenances specifically exclude connecting sewer lines and metering
stations within the jurisdiction of Benbrook that connect Benbrook's
collection system to the Interceptor. The Project as designed consists of
approximately 7,160 linear feet of 36-inch sewer main. The parties will
share in the cost of construction and inspection of the Project in
accordance with Paragraphs 5, 6 and 7.
2.
Paragraph 4, "Operation and Maintenance," is amended to read as follows:
Operation and Maintenance. Fort Worth shall be responsible for the
operation and maintenance of that portion of the Interceptor located
between Points A and G as shown on Exhibit "A". Fort Worth shall also
be responsible for the operation and maintenance of the appurtenances.
Fort Worth shall never be responsible for any costs associated with the
operation and maintenance of any connecting sewer lines that serve
developments within Benbrook's city limits.
_.._----
2
3.
Paragraph 5, "Cost", is amended to read as follows:
Cost. The estimated cost of construction of the Project is $2,471,189.
4.
Paragraph 6, "Sharing of Project Costs", is amended to read as follows:
Sharing of Project Costs. The Project costs shall be shared as follows:
(a) Fort Worth shall be responsible for all costs of construction of the Project
from Point B to Point C, Point D to Point E and Point F to Point G, as shown
on Exhibit "A" and itemized as the Section A costs in the Specifications and
Contract Documents for the Walnut Creek Sanitary Sewer Phase I Project
(the "Section A costs"). Fort Worth's share of the anticipated $2,471,189
construction cost is $1,280,171. If the Section A costs exceed $1,280,171,
Fort Worth shall pay such extra costs.
(b) Benbrook shall be responsible for all costs of construction of the Project from
Point A to Point B, Point C to Point D and Point E to Point F, as shown on
Exhibit "A" and itemized as the Section B costs in the Specifications and
Contract Documents for the Walnut Creek Sanitary Sewer Phase I Project
(the "Section B costs"). Benbrook's share of the anticipated $2,471,189
construction cost is $1,191,018. In addition, Benbrook will pay a 2%
inspection fee of $23,820. Fort Worth will be responsible for all
construction inspections of the Project (Section A and Section B).
Adjustments to the Section B costs shall be made in accordance with
Paragraph 7(b).
(c) Benbrook shall be responsible for all costs of four (4) metering stations to be
constructed via a separate project(s) and at a future date(s),two of which will
be constructed at the locations shown on Exhibit "A" and the remaining two
to be constructed at locations to be determined later, together with all
appurtenances thereto, including but not limited to telemetry equipment.
5.
Paragraph 7, "Payment", is amended to read as follows:
(a) Within 15 days after execution of this Amendment, Benbrook shall deliver a
check in the amount of$1,214,838 payable to the City of Fort Worth to:
-n 0
City of Fort Worth
Engineering Department
1000 Throckmorton
Fort Worth, Texas, 76102
Attn: Liam Conlon
Fort Worth shall not award a construction contract for the Project until such
payment is received.
(b) Fort Worth will provide Benbrook with executed copies of all change orders
that involve the Section B costs. Fort Worth shall inform Benbrook of the
additional funds required to fund such change order(s) and Benbrook shall
promptly forward additional funds to the address set out in Paragraph 7(a). If
the actual Section B costs are less than $1,191,018 Fort Worth will refund the
difference to Benbrook within 30 days after final calculation of such costs.
6.
All terms and conditions of Fort Worth City Secretary Contract No. 29704 that
are not expressly amended herein shall remain in full force and effect.
Executed as of the day and year first above written.
APPROVAL
fRECOMMENDED
4_ p
S. Frank Crumb, P.E.
Fort Worth Water Director
ATTEST: CITY OF FORT WORTH
a Texas municipal corporation
[�IVA By:
Marty Hendrik M sistanity
City Secretary Manager
Contract xuthorizatioa
Date s: 5'v %'tif
4 � . r'
APPROVED AS TO FORM AND
LEGALITY
Assist Ci Attorney
ATTEST: CITY OF BENBROOK
a Texas municipal corporation
By:
iban4 King Cary Co lin, City
dityAecretary Manager
APPROVED AS TO FORM AND
LEGALITY
City Attorney
5
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COUNCIL ACTION: Approved on 12/20/2005
DATE: 12/20/2005 REFERENCE NO.: C-21227 LOG NAME: 60WALNUT
CODE: C TYPE: NON-CONSENT PUBLIC HEARING: NO
SUBJECT: Authorize Execution of Amendment No. 1 to Interlocal Agreement with the City of Benbrook for
the Design and Construction of Walnut Creek Sanitary Sewer Interceptor
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute Amendment No. 1 to the
Interlocal Agreement(City Secretary Contract No. 29704)with the City of Benbrook for the design and
construction of the Walnut Creek Sanitary Sewer Interceptor.
DISCUSSION:
On March 11, 2004, (M&C C-19993) the City Council authorized an Interlocal Agreement with the City of
Benbrook for the extension of approximately 5,470 feet of 36-inch sanitary sewer interceptor along Walnut
Creek to provide sewer service to future developments in both cities. The original estimated cost for design
and construction was $1,391,027 with Fort Worth being responsible for$483,163 and Benbrook for
$908,136.
On August 10, 2004, (M&C C-20200) the City Council authorized an engineering agreement with Carter&
Burgess, Inc. for design of the interceptor.
The design of the sewer main is substantially complete and the project will be advertised for bid soon.
However, the footage of the main has increased from 5,470 feet to 7,160 feet as a result of realignments
required to comply with TxDOT requirements and to save several large existing trees located within Z. Boaz
Park as requested by the Parks and Community Services Department.
As a result of the increased footage and escalating material costs, the estimated cost of the project has
increased from $1,391,027 to $2,471,190 (Fort Worth - $1,280,177 and Benbrook- $1,191,018). Fort Worth's
participation has increased considerably because the majority of the tunnel borings required for the project
are located within Fort Worth's city limits.
Benbrook has agreed to deposit $1,214,838 ($1,191,018 for construction cost and $23,820 for the 2%
inspection fee) to cover its share of the construction cost. Furthermore, Benbrook also agreed to reimburse
Fort Worth for all additional costs, if any, after construction of the project is complete.
This project is located in COUNCIL DISTRICT 3.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Sewer Capital Project Fund.
http://www.cfwnet.org/council_packet/mc review.asp?ID=5075&councildate=12/20/20 12/20/2005
M&U Request Review Page Z of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
P274 541200 703140034383 $797.014.00
Submitted for City Manager's Office bx. Marc Ott (8476)
Originating Department Head: S. Frank Crumb (8207)
Additional Information Contact: Doo Kim (8252)
ATTACHMENTS
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http://www.cfwnet.org/council_packe/mc review.asp?ID=5075&councildate=12/20/2005 12/20/2005