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HomeMy WebLinkAboutContract 28571-A1 MY SECRErAW l C6NTRACT — STATE OF TEXAS § COUNTIES OF TARRANT, § DENTON,PARKER AND WISE § AMENDMENT TO GRAND PRAIRIE - FORT WORTH INTERLOCAL COOPERATIVE WASTEWATER AGREEMENT CITY SECRETARY CONTRACT NO. 28571 THIS AMENDMENT is entered into by and between the City of Fort Worth ("City "),a home- rule municipality in the State of Texas, acting through Fernando Costa, its duly authorized Assistant City Manager, and the City of Grand Prairie, hereinafter referred to as "Grand Prairie" by and through Ann k Op11 its duly authorized-OP.011-hA V \_ (/1(,(0 WHEREAS, Grand Prairie and Fort Worth entered into an Interlocal Cooperative Wastewater Agreement dated May 5, 2003 to allow for the transportation of wastewater through Grand Prairie's wastewater system to the Trinity River Authority (TRA) metering facility designated as 8.3 W and generally located at the West Fork of Trinity River near Roy Orr Blvd. in Grand Prairie; WHEREAS, both parties now find it necessary to amend the Agreement to 1) revise and clarify the billing rates and methodology 2) provide payment to Grand Prairie for future costs of wastewater treatment paid to TRA by Grand Prairie for the benefit of Fort Worth; 3) allocate future differences between wastewater flows measured by TRA and those reported by Grand Prairie and Fort Worth, 4) provide for charges or credits for future flows measured at meter 8.3 W 5) provide payment to Grand Prairie for future TRA industrial surcharges, if applicable, as measured at meter 8.3 W; 6) allow Grand Prairie to directly serve an additional property located in Fort Worth; and WHEREAS, both parties acknowledge that Fort Worth has not compensated Grand Prairie for past charges incurred through September 2013 totaling $89,879.73 and Fort Worth now wishes to make such payment. mNOW, THEREFORE, for and in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby rncn acknowledged and confessed, the parties hereto agree as follows: a I. Section 1.1 Purpose: Section 1.1 of this Agreement shall be amended as follows o . purpose of this agreement is to provide for the terms and conditions whereby OFFICIAL RECORD tewater originating in Fort Worth in the general area west of Roy Orr CITY SECRETAIMP ilevard and North of Rock Island Rail Road may be transported to a Grand FT.WORTH b ra ne point of entry and then transported by Grand Prairie's collection system to e Irrinity River Authority's Central Wastewater System and metered and TRA's meter designated 8.3W. The area to be served by Grand Prairie is as shown on Exhibit "A" attached hereto and made a part hereof for all purposes, such area being hereinafter referred to as the"Service Area". U. Article III, DETERMINATION OF AND APPORTIONMENT OF FLOWS: Article III in its entirety shall be amended as follows: 3.1 Grand Prairie shall determine the volume of wastewater generated within the Service Area as described in subsections 3.1 through 3.5. Such amount may be adjusted in the event of extraordinary and/or unanticipated events such as verified plumbing leaks or measured volumes known to be not returned to the wastewater system(e.g. water incorporated in a product and exported from the premises). 3.2 Fort Worth will be responsible for reading all water meters within the Service Area. Within fifteen (15) business days after reading such meters, Fort Worth shall provide the readings to Grand Prairie. Fort Worth will be responsible for identifying which meters within the Service Area are domestic meters and which meters are Irrigation-only meters. Each party grants the other reasonable access to its meters, with advance notice, within the Service Area for the purpose of inspecting and verifying meter readings. 3.3 Bills for wastewater service shall be provided monthly by Grand Prairie to Fort Worth. All bills shall be due and payable by Fort Worth not more than thirty (30) days from the billing date. Grand Prairie shall show the current charges,as well as past-due charges, if any in the bill. Past-due charges shall be the total amount unpaid from all prior billings as of the current billing date. Payments received by Grand Prairie shall be applied first to the past-due charges, if any, and thereafter to the current charges. 3.4 Flow volumes reported by both Fort Worth and Grand Prairie shall be reconciled annually to the flows billed by TRA. Differences between the sum of Fort Worth and Grand Prairie self-reported flows and TRA billed volumes are to be allocated proportionately; that proportion being the same as the ratio of Grand Prairie to Fort Worth self-reported flows. For example, if Fort Worth's self-reported flows throughout the year were twice those of Grand Prairie, the annual settle-up of flow volumes (charges/credits)would be apportioned in that same ratio. 3.5 Monthly bills to Fort Worth shall include volume charges which shall be based on the water usage reported by Fort Worth within the Service Area, less that recorded by the irrigation-only meters. M. Article IV, RATES, STRENGTH, AND MONITORING: the title of Article IV shall be amend to be RATES, STRENGTH, SERVICE CHARGE AND MONITORING and shall be further be amended as follows: 4.1 Monthly bills to Fort Worth shall be based on TRA's budgeted volume rates for the current year. -2- 4.2 Annually, after TRA has computed actual volume rates for the previous year, volume charges for the entire year shall be recalculated and credits or additional charges shall be applied to both parties. 4.3 A monthly Service Charge of$25 shall be applied to each monthly bill. 4.4 A transportation charge of$0.10 shall be assessed per 1,000 gallons. Such charge shall be subject to review every 5 years and adjusted per the consumer price index ("CPI"). The term "CPI" as referenced herein shall mean the annual average Consumer Price Index issued by the Bureau of Labor Statistics covering All Urban Consumers for the Dallas/Fort Worth, Texas region, or if this index ceases to be published, then a comparable index. 4.5 Grand Prairie shall include in the monthly bill any charges for excess strength wastewater and monitoring for over-strength wastewater. The methodology used in calculating the various components of the bill are described herein and is acceptable to both cities. 4.6 Measurement of wastewater quality parameters as set forth in Grand Prairie's pretreatment ordinances shall be conducted by Grand Prairie at the point of entry of Fort Worth flow into the Grand Prairie collection system. Fort Worth shall meet all necessary requirements of the appropriate regulatory agencies having jurisdiction for the Industrial Pretreatment Program and make the appropriate payment and/or take the appropriate enforcement or other actions required as a result of over strength flows and/or pollutant contributions. 4.7 The charge to Fort Worth for wastewater that exceeds 250 ml of BOD and/or 250 ml SS shall be calculated in the same manner that TRA calculates the charge to Grand Prairie for exceeding such limits, as same may change from time to time. 4.8 Each party shall have in effect and enforce an industrial waste ordinance in order to protect against treatment plant overloads and process disruption and such shall be acceptable to Federal and State agencies or Departments having lawful jurisdiction to set standards for waste discharge. IV. Article V, IMPACT FEES: Article V entitled Impact Fees shall be deleted in its entirety and replaced with a new Article V entitled ADDITIONAL PROPERTY TO BE SERVED BY GRAND PRAIRIE and shall now read as follows: V. ADDITIONAL PROPERTY TO BE SERVED BY GRAND PRAIRIE Grand Prairie agrees to provide the property identified in Exhibit B, within Fort Worth's corporate limits, with water and wastewater service, provided the owner/developer meets all of Grand Prairie's specifications and standards for water and wastewater service and pay all necessary fees for such service to Grand -3- Prairie. Service shall be provided to the property at the retail rates set by the Grand Prairie City Council and billed directly to the property. The property shall be subject to all regulations and restrictions which may be imposed in accordance with Grand Prairie's Water Conservation and Drought Contingency Plans. Wastewater flows from such facility shall be included in Grand Prairie's apportionment of 8.3 flows and shall be paid to TRA by Grand Prairie. Fort Worth shall not be responsible for any payment or obligation of the owner/developer of the property. V. Other Terms and Conditions. All other terms and conditions of City Secretary Contract No. 28571 remain in full force and effect. This Agreement shall terminate on May 4, 2043, as provided in the Agreement. Furthermore, Fort Worth agrees to pay Grand Prairie for all past services under the agreement prior to this Amendment. Both parties agree that upon Fort Worth's payment of $89,879.73, all past due charges pursuant to the terms of the Agreement will be satisfied in full accord. Executed this 0--aay of , 2014. CITY OF FORT WORTH CITY OF GRAND PRAIRIE Fernando Costa Aniupoll Assistant City Manager Deputy City Manager ATTEST: ATTEST: F 0 Al ary Ka r oy °0 City Secretary > I-� 8= ity Secretary 3)agla0 i �% APPROVED AS TO F $Cb. o °00000 APPROVEDA-4'TO FOK M AND LEGALITY: TEA AM'� 0 -A .,r7,t4 4ft XP� Y: Christa RY. Lopez-Reynol ATTORNEY Senior Assistant City Attorney / Befit Cc. Au�tho=isizon -4- OFFICIAL RECORD CITY SECRETARY ceee �- FT.WORTH,TX dV � � k Basin 8.3W �.4 AOL r I _ TRINITY .� h••~ 1r-'f,iY=-l'. RIDGE � N aw CiM 13 T. • '�T4 , {.. �, �I.. - *. _ •aj. J++ • —= } kT 1 f 1 MO 3 A 15r +W' ue T. li+ a AVE or Exhibit B Foex �,oa=EOP° :,ro��A o�roF�P:aaE ,9. Grand Prairie WW Connection _a«Ra<°� s1Otl°µFA =Exs�aaaPR A'F_ N ?,:RPosE:oRa oogo EAl,2 Legend t � ."".-` • yY*—f - t t - All Sewer Linese STYPE Gravity 4� F-Force ©Adjacent City r L. CFW City Limit �'- - ,. 42 42 I —Major Streets 4 3 City Streets OTAD Lots —NHD Stream .,.,. NHD Waterbody — q.twit ' Af y ,C Ap — +i o ....v go ER a U sT�1�wIVy,t Parcel Description: CRACKER, W P SURVEY 384 Y TR 1 CITY BOUNDARY SPLIT S, ` v !`,,rand PraWe n l � rn� 0 0 .4 � r a T ��+• o'c c0 02 f i O CO U ' t Mk ok LL� 0 100 200 300+00 NAD 1983 SlateRam T-as North C, l FIPS 4M2 Foal 1111=31111=Feet M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas WORT III CITY COUNCIL AGENDA �O RT COUNCIL ACTION: Approved on 3/25/2014 REFERENCE 60INTERLOCAL AGREEMENT DATE: 3/25/2014 NO.: C-26737 LOG NAME: CENTREPORT AREA CITY OF GRAND PRAIRIE CODE: C TYPE: NOW PUBLIC NO CONSENT HEARING: SUBJECT: Authorize Execution of Amendment No. 1 to City Secretary Contract No. 28571, an Interlocal Cooperative Wastewater Agreement with the City of Grand Prairie to Serve the CentrePort Area— Riverpark Industrial Development (COUNCIL DISTRICT 5) RECOMMENDATION: It is recommended that the City Council authorize the execution of Amendment No. 1 to City Secretary Contract No. 28571, an Interlocal Cooperative Wastewater Agreement with the City of Grand Prairie to serve the CentrePort Area — Riverpark Industrial Development. DISCUSSION: On March 25, 2003, (M&C C-19524) the City Council authorized execution of City Secretary Contract No. 28571 known as the Grand Prairie-Fort Worth Interlocal Cooperative Wastewater Agreement (Agreement) to provide wastewater service to the CentrePort area located along Trinity Boulevard, where it connects to Roy Orr Boulevard in east Fort Worth. The most effective way to provide wastewater service is by connecting the development to the Grand Prairie collection system, with wastewater service provided through Grand Prairie's contract with the Trinity River Authority (TRA). The cities of Fort Worth and Grand Prairie now wish to amend the Agreement to provide for clarification of billing rates and a revised methodology to be used for payment to Grand Prairie for the costs of transporting wastewater through Grand Prairie's pipelines, and wastewater treatment paid to TRA by Grand Prairie for the benefit of Fort Worth. The new methodology will use actual metered water usage rather than the use of a winter average to determine flows, and will include a new annual reconciliation of Grand Prairie and Fort Worth flows to the TRA billed flows with any under or over reported flows distributed proportionately between the cities. Rates will now be reconciled annually to TRA's actual volume rates for the previous year, and charges will be recalculated for the entire year at actual rates with credits or additional charges applied to both cities. Pursuant to the amendment, Fort Worth also agrees to pay Grand Prairie for past charges incurred back to 2008, but not yet paid to Grand Prairie, totaling $89,879.73. Grand Prairie agrees to directly serve an additional property located in Fort Worth for water and wastewater service by Grand Prairie. Fort Worth will no longer be required to collect and pay impact fees in the area served by Grand Prairie. This amendment will not extend the 40 year time period of the Agreement. This development is located in COUNCIL DISTRICT 5, Mapsco 302 A6. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services 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:. Fernando Costa (6122) http://apps.cfwnet.orR/council packet/mc review.asp?ID=19624&councildate=3/25/2014 4/28/2014 M&C Review Page 2 of 2 Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: Janet Hale (8438) ATTACHMENTS httn://anr)s.cfwnet.org/council nacket/mc review.asn?ID=19624&councildate=3/25/2014 4/28/2014