HomeMy WebLinkAboutContract 32621 CITY SECRETARY 1
CONTRACT NO. 1
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF FORT WORTH AND THE CITY OF KELLER
FOR INSTALLATION OF WATER FACILITIES
This Agreement is entered into this. day ofa , 2005, between the
City of Keller, a home-rule municipality located in Tarrant County, Texas, acting by and
through Lyle Dresher, its duly authorized City Manager ("Keller"), and the City of Fort
Worth, a home-rule municipality located in Tarrant, Denton and Wise Counties, Texas
acting by and through Marc Ott, its duly authorized Assistant City Manager ("Fort
Worth").
WHEREAS, this Agreement is made under the authority of Sections 791.001 -
791.029, Texas Government Code;
WHEREAS, each governing body, in performing governmental functions or in
paying for the performance of governmental functions hereunder, shall make that
performance or those payments from current revenues legally available to that party;
WHEREAS, each governing body finds that the performance of this Agreement is
in the common interest of both parties, that the undertaking will benefit the public and
that the division of costs fairly compensates the performing party for the services or
functions under this agreement;
WHEREAS, on December 7, 1999, Keller and Fort Worth entered into a
Memorandum of Understanding ("MOU") relating to the long-term provision of treated
water to Keller by Fort Worth and the transfer by Keller to Fort Worth of a portion of
Keller's Certificate of Convenience of Necessity ("CCN") No. 10975 for an area within
Fort Worth's corporate limits and Fort Worth's extraterritorial jurisdiction west of U.S.
Hwy. 377 (the "Area"), City Secretary Contract No. 27561;
WHEREAS, the MOU provided for Keller to continue to serve the existing
customer base within the Area for up to five (5) years after the Texas Natural Resource
Conservation Commission ("TNRCC"), now known as the Texas Commission on
Environmental Quality, approved the CCN transfer;
WHEREAS, on July 11, 2000, Fort Worth and Keller entered into an Interlocal
Agreement (the "2000 Agreement"), City Secretary Contract No. 26116, incorporating
the terms of the MOU;
WHEREAS, pursuant to the 2000 Agreement, the TNRCC approved Application
No. 32935-C amending Fort Worth's CCN No. 12311 and decertifying a portion of
Keller's CCN No. 10975 effective March 20, 2001;
WHEREAS, the 2000 Agreement provides that Keller will transfer to Fort Worth
all of its water service facilities located within the Area at such time as the parties transfer
the service from Keller to Fort Worth; Z2,I n o
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WHEREAS, in order for the water service facilities within the Area to be
transferred to Fort Worth and for Fort Worth to provide service to the Area, it will be
necessary to construct additional facilities in the Area, as shown on Exhibit "A" (the
"Project");
WHEREAS, Fort Worth will award the construction contract and inspect the
Project and the parties will participate in the cost of the Project;
Now, therefore, Keller and Fort Worth mutually agree as follows:
1. Award and Administration of Construction Contract. Fort Worth will be responsible
for the award of a construction contract for the Project and for inspection of the
Project. Fort Worth and Keller shall share in the costs of construction, staking and
inspection in accordance with paragraph 2.
2. Sharingof f Project Costs: The Project costs shall be shared as follows:
(a) Keller shall pay all costs for construction, surveying and inspection of 5,300
linear feet of 8" water line along Katy Road, between Caylor Road and Keller-
Hicks Road (the "Katy Road Water Line") and 1,100 linear feet of 8" water
line along Golden Triangle Boulevard ("Golden Triangle Water Line"), as
shown on Exhibit "A". The Katy Road Water Line and the Golden Triangle
Water Line will be included as a separate section (Section B) in the
specifications and contract documents for the Project. In addition to paying the
construction costs itemized in Section B, Keller shall deposit 7% of such
construction costs to cover Fort Worth's costs for construction staking and
inspection fees and 3% of such construction costs for potential change orders
for the Katy Road Water Line and the Golden Triangle Water Line.
(b) Fort Worth shall pay all costs related to the Project, except for the costs paid by
Keller pursuant to paragraph 2(a).
3. Pa ment. After receiving bids for the construction of the Project, Fort Worth shall
notify Keller in writing of its recommendation concerning award of the contract,
along with Keller's share of the Project costs determined in accordance with
paragraph 2. Keller shall remit its share of the costs via a check payable to the City
of Fort Worth to:
City of Fort Worth
Engineering Department
1000 Throckmorton
Fort Worth, Texas, 76102
Attn: Mike Domenech
C v05Zp,
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Fort Worth will not award a contract for construction of the Project until such
payment has been received. Fort Worth will provide Keller with copies of all
contractor invoices for partial payments and final payment for the Katy Road Water
Line and the Golden Triangle Water Line. When the Project is complete, Fort Worth
shall provide a final cost summary for the Katy Road Water Line and the Golden
Triangle Water Line to Keller and shall refund any unused funds relating to the Katy
Road Water Line and the Golden Triangle Water Line to Keller.
4. Change Orders. Fort Worth will provide Keller with executed copies of all change
orders that involve construction of the Katy Road Water Line and the Golden
Triangle Water Line. If the cost of change orders for the Katy Road Water Line and
the Golden Triangle Water Line exceeds the 3% deposited by Keller pursuant to
paragraphs 2 and 3, Fort Worth shall inform Keller of the additional funds required to
fund such change order(s) and Keller shall promptly forward additional funds to the
address set out in paragraph 3. Keller may administratively authorize the payment of
change orders under $25,000. Payment for change orders over $25,000 must be
authorized by the City of Keller City Council.
5. Construction Standards. The Project shall be built to Fort Worth's standards, except
for valves, fire hydrants and water services related to the Katy Road Water Line and
the Golden Triangle Water Line, which shall be built to Keller's standards.
6. Ownership and Maintenance of Facilities by Keller. Upon final approval of the
Project, the Katy Road Water Line and the Golden Triangle Water Line shall become
the property of Keller. Fort Worth hereby grants to Keller the authority to repair and
maintain the Katy Road Water Line and the Golden Triangle Water Line, together
with the existing water line in Katy Road as shown on Exhibit "A", within City of
Fort Worth right-of-way; provided, however, Keller shall notify the Director of the
City of Fort Worth Department of Transportation and Public Works prior to
performing any maintenance or repairs of such lines and shall restore the pavement
and right-of-way, in accordance with City of Fort Worth Department of
Transportation and Public Works Utility Construction Policy, within a reasonable
time after completion of the repairs and maintenance.
7. Liabilit . Nothing in the performance of this Agreement shall impose any liability for
claims against Keller or Fort Worth other than claims for which the Texas Tort
Claims Act may impose liability.
8. No Third Party Beneficiaries. The parties to the Agreement do not intend for any
third party to obtain a right by virtue of this Agreement. By entering into this
Agreement, neither Keller nor Fort Worth intends to create any obligations, express
or implied, other than those set out herein; further, this Agreement shall not create
any rights in any party not a signatory hereto.
3
CITY OF KELLER
ATTEST:
B
City Se retary Lyl P
Dresher, City Manager
Approved to Form d Legality:
City Attorn
CITY OF FORT WORTH
ATTEST:
By: By
City Secretary arc Ott, Asst. City Manager
Approved ast Form and Legality:
;cntrBCt '::'�or' Z tion
Assistant Cit Atto ey Date
Approval Recommended:
S. Frank Crumb
Director, Water Department
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Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/18/2005
DATE: Tuesday, October 18, 2005
LOG NAME: 60WATER LINE REFERENCE NO.: **C-21093
SUBJECT:
Authorize Execution of Interlocal Agreement with the City of Keller for Installation of Water Facilities
in Area Bordered by U.S. Hwy. 377 on the East, Kroger Drive on the South, Old Denton Road on the
West and Caylor Road West on the North
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an Interlocal Agreement with
the City of Keller for installation of water facilities.
DISCUSSION:
On December 7, 1999, (M&C C-17775) the cities of Fort Worth and Keller entered into a Memorandum of
Understanding (MOU) related to the long-term provision of treated water to Keller by Fort Worth. On July
11, 2000, (M&C C-18127) Fort Worth and Keller entered into an interlocal agreement (the "2000
Agreement"), City Secretary Contract No. 26116, incorporating the terms of the MOU.
The 2000 Agreement provided that Keller would support the City of Fort Worth's application for transfer of a
portion of Keller's Certificate of Convenience and Necessity ("CCN") for an area west of U.S. 377 located
partly within the City of Fort Worth and partly in Fort Worth's extraterritorial jurisdiction. Keller would
continue to provide water service to the area for a period of up to five years after transfer of the CCN to Fort
Worth. The CCN transfer was approved in March 2001.
The Cities of Keller and Fort Worth are currently in the process of transferring water service for the area
from Keller to Fort Worth. An orderly transition of service requires the construction of additional water
facilities by both Keller and Fort Worth in the area bordered by U.S. 377 on the east, Kroger Drive on the
south, Old Denton Road on the west and Caylor Road West on the north.
Since both Keller and Fort Worth have to construct water improvements on opposite sides of Katy Road
and Golden Triangle Boulevard, Keller has requested that its proposed improvements be included in Fort
Worth's project as a separate section. City staff concurs with Keller's request because a combined project
will facilitate better coordination and also minimize disruption to residents of both cities during
construction. It is also anticipated that a combined project will result in cost savings to both cities.
This Interlocal Agreement provides that Keller will pay all costs of construction, surveying and inspection of
5,300 linear feet of 8-inch water line along Katy Road between Caylor Road and Golden Triangle Boulevard
and 1,100 linear feet of 8-inch water line along Golden Triangle Boulevard. Keller's lines will be located in
Fort Worth close to the Keller/Fort Worth boundary. Fort Worth shall pay all other costs related to the
project. Fort Worth will be responsible for awarding the construction contract, providing construction staking
and inspection and managing the project. Upon completion and approval of the project, the water lines
located respectively on the south and east sides of Katy Road and Golden Triangle Boulevard will be the
property of Keller and all other facilities will be the property of Fort Worth.
The City Council of the City of Keller approved the Interlocal Agreement on October 4, 2005. A copy of the
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 12/6/2005
Page 2 of 2
agreement, which includes a location map for the proposal improvements, is attached.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds. A Mayor and
Council Communication to award the contract for the above-referenced construction will be submitted to the
Council for consideration. Keller shall deposit its share of the construction, survey and inspection cost with
Fort Worth after receipt of bids for the project.
TO Fund/Account/Centers FROM Fund/Account/C enters
Submitted for City Manager's Office by. Marc Ott (8476)
Originating Department Head: S. Frank Crumb (8207)
Additional Information Contact: Marcella Olson (8819)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 12/6/2005