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HomeMy WebLinkAboutContract 36981THE STATE OF TEXAS COUNTIES OF TARRANT DENTON, WISE AND PARKER CITY SECRETARY30 CONTRPCT NO. KNOW ALL BY THESE PRESENTS INTERLOCAL AGREEMENT h, This Agreement is made and entered into this ,2 9 day of �L�• , 2008, by and between the City of ALEDO, acting herein by and through its duly elected Mayor, Kit Marshall, (hereinafter referred to as ALEDO), of Parker County, State of Texas and the City of Fort Worth, of Tarrant County, State of Texas acting herein by and through its Acting Assistant City Manager, f e r r t�- Y%A 0 �- 6 �t � (hereinafter referred to as FORT WORTH), witnesseth: WHEREAS, this Agreement is made under the authority of Sections 791.001- 791.029, Texas Government Code; and WHEREAS, on June 6, 2006, the City Council of the City of FORT WORTH authorized the City's participation with Parker County Utility District No.l, the City Aledo, the Town of Annetta, the City of Hudson Oaks, the Town of Annetta North, the Town of Annetta South, the City of Weatherford, the City of Willow Park and the Tarrant Regional Water District for the development of a regional wastewater facilities plan for the eastern Parker County area (M&C C-12489); WHEREAS, FORT WORTH was also granted the authority to participate in the development of a regional wastewater facilities plan for the eastern Parker County area with the Texas Water Development Board (Resolution 329142-2005); WHEREAS, ALEDO was granted authority by its governing body to enter into the Interlocal Agreement for the development of a regional wastewater facilities plan for the eastern Parker County area by affirmative vote of the City Council on June 22, 2006, as shown by the approved minutes from the June 22, 2006 city council meeting; WHEREAS, ALEDO is required by the Texas Commission on Environmental Quality ("TCEQ") pursuant to 30 LA C § 305.126, commonly known as the "75/90 Rule", to expand its existing wastewater treatment plant to meet its residents' growing wastewater services needs; WHEREAS, ALEDO has determined it to be in its best interest to participate in a new regional wastewater treatment plant rather than expand its existing plant; WHEREAS, on January 22, 2008, the City Council of FORT WORTH authorized its City Manager to execute an engineering agreement with Alan Plummer I f Re ional Wastewater Treatment Plant Site Evaluation a ci� Associates, nc. or a g Y� Study by M&CC-22632; � ����- �� Cr12.26.08v3 Intedocal Agreement with Aledo PagcJ.uL6 _ WHEREAS, upon the request of ALEDO, the ity Council local of RT wiOh the also granted the City Manager authority to executethis City of ALEDO to provide for participation in the Regional Wastewater n an amountf eatment Plant thirty-fiverpercent of the Site Evaluation and Selection Study by ALEDO I contract cost with Alan Plummer Associates, Inc.; ocal WHEREAS, ALEDO has received authorization affirmativeto enter tc voteoflthe 1City Agreement in an amount not to exceed $51,013.0 y Council on February 28, 2008; governing body,in in governmental functions WHEREAS, each g g om current revenues legally available to that hereunder, shall make that performance fr party; and reement WHEREAS, each governing body finds oill benece of this A fit he publi and he undertaking gw is in the common interest of both parties, that art for the services or that the division of costs fairly compensates the performing party functions under this Agreement; and NOW THEREFORE, FORT WORTH and ALEDO agree as follows: A. L' 1. FORT WORTH, shall be responsible Alan Plummer Assoc ates In for he contract between FORT WORTH and A Regional Wastewater Treatment Plant Siatne amount to not excaluation and eedt$145,75d1. (hereinafter "Evaluation and Study) in The parties agree that the Evaluation ansites in the Clear Fork tudy shall include the watershed of alternative wastewater treatment plant upstream of Lake Benbrook and downstreamof ALEDO.he Evaluation and a phased plan to Study shall include but not be limited totdevelopment meet the wastewater service needs for FORT WORTH and ALEDO. FORT WORTH agrees to confer with ALEDO on the scope of worlummer Associates Inc., k fobe r the h e included in the contract Veh tAlan la arties agree that FORT WORTH shall Evaluation and Study, however, p for have exclusive control of the scope of work rporat except ed into trelat d contract he the performance of the Evaluation anStudy, development of a phased plan to meet the wastewater service needs for FORT WORTH and ALEDO. rz Page 2 of 6 Interlocal Agreement with Aledo 2. PARTIES' OBLIGATIONS A. FORT WORTH and ALEDO agree etheir t eatment plantefforts along the Clear permit a site for a new satellite wastewater Fork or Mary's Creek; provided however, FORT WORTH shall in no way be a n of its existing wastewater obligated to participate in Aella e' treatment plant if the new sat wastewater treatment plant has not been exist' wastewater treatment plant's acquired at the time of Aledo's ex expansion. B. FORT WORTH agrees to include in the scope of work with Alan Plummer Associates, Inc., the development of a phased plan to meet the wastewater service needs for FORT WORTH and ALEDO. FORT WORTH shall be responsible for any contracts or documents for the Evaluation and Study. C. FORT WORTH shall be responsible for sand Study percent (65%) of contract costs for the performance of theuntion D. ALEDO agrees to cooperate in the p by WORTH for the completion of such documents as may be necessary y of the Evaluation and Studyn all be responsible for thirty-five percent (35%) of the contract cost E. ALEDO sh for the performance of the Evaluation and Study, in an amount not to exceed $51,013.00. F. th ies agree that FORT WORTH is not obligated by this Agreement, Bopart nor by any other representation or warranty, to take wastewater flows from ALEDO and that this Agreement is solely for the purpose of studying the viability of a new satellite wastewater treatment*gthe r Fork or Marys Creek to address the regional needs for astewater G. Both parties agree to work cooperatively from the Evaluation seeking ost recovery from ation and Study and/orea cities and/or entities that may benefit regional wastewater treatment plant. 3. EFFECT OF AGREEMENT A. Nothing in the performance of this AoeALEDO then than claims or which claims against either FOR WORTHr the Texas Tort Claims Act may impose liability. B. nt do not intend for any third The parties to this Agreeme right by virtue of this Agreement. Interlocal Agreement with Aledo ,a�L'� 1'P���� C. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those stated in t gsie natort� further, this Agreement shall not create any rinot a ghts in any party g y to the Agreement. 4. IMMUNITY It is expressly understood and agreed that, in the execution of this Agreement, neither of the parties waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. 5. MODIFICATIONS. This Agreement may not be changed, revised or otherwise amended unless same be in writing and approved by the governing body for each party. This Agreement shall become effective immediately upon its execution by both parties. 6. It is understood and agreed that, by execution of this Agreement, the parties do not waive or surrender any of their individual governmental powers or immunities. Each party acknowledges heach d dutiesother . The Partierty is a s Governmental Body and as such has certain rights, powers these rights, powers and duties shall not excuse each party from performance of its obligations under this Agreement. 7. SEVERABILITY. The provisions of this Agreement are severable; and if for any reason any one or more of the provisions contained herein are held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall remain in effect and be construed as if the invalid, illegal or unenforceable provision had never been contained in the Agreement. 8. ENTIRETY. This Agreement contains all the terms and conditions agreed to by the parties, and no other contracts, oral or otherwise, regarding the subject matter of ^ ^� It Interlocal Agreement with Aledo this Agreement or any part thereof shall have any validity or bind any of the parties hereto. parties. This Agreement shall become effective immediately upon its execution by both Y" EXECUTED this lday of r Cb ram° �� ' 2008. CITY OF FORT WORTH FERNANDO COSTA ASSISTANT CITY MANAGER DATE: 4 /308 APPROVED AS TO FORM AND LEGALITY ASSIS AN CITY AT RNEY ATTEST CITY SECRETARY Contract AuthorizatiON Date Interlocal Agreement with Aledo CITY OF ALEDO KIT MARSHALL MAYOR DATE: February 28, 2008 APPROVED AS TO FORM AND LEGALITY ATTORNEY FOR ALEDO ATTEST B ; KATHLEEN WEDELL CITY SECRETARY Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/22/2008 DATE: Tuesday, January , 222008 LOG NAME: 60REGIONAL WWTP REFERENCE NO.: **C SUBJECT: Authorize Execution of an Engineering Agreement with Alan Plummer Associates, Inc., fi Regional Wastewater Treatment Plant Sites Evaluation and Selection Study and Authorize Er into an Interlocal Agreement with City of Aledo (City Project 00970) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute an engineering agreement with Alan Plummer Associates, In the Regional Wastewater Treatment Plant Sites Evaluation and Selection Study, in the amount of $14! and 2. Authorize entering into an interlocal agreement with the City of Aledo to provide for cost participat 35 percent of this engineering agreement. DISCUSSION: On June 6, 2006, (M&C C-21489) the City Council authorized the City Manager to enter into an agre( with the Texas Water Development Board for the Eastern Parker County Regional Wastewater Fay Plan. By inter -local agreement, several cities and utility districts in eastern Parker County, including i contributed to this effort. Prior to this planning study, the City of Fort Worth had evaluated the need for regional wastewater trea on the west side of Fort Worth, called the Mary's Creek Water Recycling Center Study in 2004. Both sp recommend the construction of a satellite wastewater treatment plant on the west side of Fort Worth t( increased wastewater flow from future development in western Tarrant and eastern Parker Counti addition to reducing the need to transport this increased flow to the Village Creek Wastewater Trea Plant (VCWWTP), an additional plant or plants would increase water reuse opportunities in this area. The City of Aledo wants to join with the City of Fort Worth for a regional wastewater treatment Currently the City of Aledo is required by Texas Commission on Environmental Quality (TCEQ) regul; to expand their existing wastewater treatment plant (WWTP) to meet its residents growing waste service needs. The City of Aledo would prefer to use their limited funding for participation in a new rel, WWTP than to expand an existing plant which is reaching maximum build -out. This Regional Wastewater Treatment Plant Sites Evaluation and Selection Study will examine alter WWTP sites in the Clear Fork watershed upstream of Lake Benbrook and downstream of Aledo. I n is 65 percent and 35 percent, respectively. Fort Wor study, Fort Worth and Aledo's cost participatio invoice Aledo upon completion of the engineering agreement. As part of this project, the engine( identify up to two potential sites in the Clear Fork Watershed; develop a conceptual layout for the re! http : //www. cfwnet. org/council�acket/Rep orts/mc�rint. asp 4/4/2008 Page 2 of 2 WWTP and an estimated cost, identify regulatory requirements; develop a phased approach to wastewater services for Fort Worth and Aledo, and assist in the acquisition of the Mary's Creek WWTI Additional services, to be authorized as necessary, include land appraisals to determine cost of pon sites; surveying for legal descriptions and platting of selected sites; and preparation and attendar public meetings for other cities in the Eastern Parker County. This project is located in COUNCIL DISTRICT 3, west Tarrant County and Parker County. Alan Plummer Associates, Inc., is in compliance with the City's M/WBE Ordinance by committing percent M/WBE participation. The City's goal on this project is 18 percent. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, Sewer Capital Projects Fund. TO Fund/Account/Centers Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: FROM Fund/AccountJCenters PS58 531200 070580190020 $145,7E Marc A. Ott (8476) S. Frank Crumb (8207) Farida S. Goderya (8214) http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 4/4/2008