HomeMy WebLinkAboutContract 35472 CITY SECRETARY
CONTRACT NO. d'
INTERLOCAL AGREEMENT BETWEEN THE CITY OF FORT WORTH AND THE CITY OF
BENBROOK FOR THE RELOCATION OF SEWER INTERCEPTOR M-259 WITHIN THE
MARY'S CREEK DRIVE RIGHT-OF-WAY
This Agreement is entered into by and between the City of Benbrook ("Benbrook"),
acting by and through Andy Wayman, 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, both of Tarrant County, State of Texas. Benbrook and Fort Worth may be referred
to herein individually as a "Party", or collectively as the "Parties".
WHEREAS, this Agreement is made under the authority of Sections 791.001-791.029,
Texas Government Code; and
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; and
WHEREAS, Fort Worth has a Sewer Interceptor (M-259) within the right-of-way of
Mary's Creek Drive within the corporate limits of the City of Benbrook; and
WHEREAS, Benbrook is undertaking a capital improvement project that includes the
replacement and enlargement of the Mary's Creek Drive bridge culvert over Plantation West
Creek within that right-of-way; and
WHEREAS, approximately 407 linear feet of Sewer Interceptor M-259 needs to be
relocated (lowered)to avoid a conflict with the new culvert; and
WHEREAS, Fort Worth recognizes its responsibility to relocate its utilities within
Benbrook's street rights-of-way that are in conflict with street reconstruction projects; and
WHEREAS, Benbrook has entered into a contract with Linder Construction Company,
Inc. ("Contractor")for the culvert replacement; and
WHEREAS, the Contractor has provided a bid to perform the relocation of Fort
Worth's Sewer Interceptor M-259 at a cost of$94,745.00; and
WHEREAS, Benbrook and Fort Worth now desire to enter into this Agreement to
provide for the relocation of the Fort Worth Sewer Interceptor M-259 as a joint project in
accordance with the terms and conditions of this Agreement; and
WHEREAS, the Parties find that the performance of this Agreement is in the common
interest of Benbrook and Fort Worth, that the undertaking will benefit the public and that the
division of costs and/or responsibilities fairly compensates the performing Party for the
services or functions under this Agreement; and
Fort Worth&Benbrook --- •-• ---
Interlocal Agreement
March 27,2007 pyy77„ 2
Pagel of3
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NOW, THEREFORE, Benbrook and Fort Worth agree as follows:
1. Benbrook agrees to include the relocation of Fort Worth Sewer Interceptor M-259
within its construction project for the replacement and enlargement of the Mary's
Creek Drive culvert, and
2. Benbrook agrees to allow Fort Worth to inspect that portion of construction related
to the relocation of Sewer Interceptor M-259, and
3. Fort Worth agrees to reimburse Benbrook within thirty (30) days of receipt of
invoices for same for its share of the costs of materials and construction for the
Sewer Interceptor relocation, based upon invoices received by Benbrook from the
Contractor; provided that the maximum payment by Fort Worth to Benbrook under
this contract shall not exceed $100,000, and
4. Nothing in the performance of this Agreement shall impose any liability for claims
against Benbrook or Fort Worth other than claims for which the Texas Tort Claims
Act may impose liability, and
5. The Parties do not intend for any third party to obtain a right by virtue of this
Agreement, and
6. By entering into this Agreement, the Parties do not intend to create any obligations
expressed or implied other than those set out herein; further, this Agreement shall
not create any rights in any party not a signatory hereto, and
7. Nothing contained in this Agreement is intended by the Parties to create a
partnership or joint venture between the Parties and any implication to the contrary
is hereby expressly disavowed. It is understood and agreed that this Agreement
does not create a joint enterprise, nor does it appoint any Party as an agent of any
other Party, for any purpose whatsoever, and
8. This Agreement becomes effective when signed by the last Party whose signing
makes the Agreement fully executed and remains in force and effect until the
completion and acceptance of the Project unless otherwise terminated.
(Remainder of Page Intentionally Left Blank)
Fort Worth&Benbrook
Interlocal Agreement
March 27, 2007
Page 2 of 3
IN WITNESS �EOF, ther-p rti s hereof have executed this agreement in
duplicate originals this day of , 2007.
ATTEST: CITY OF FORT WORTH
Marty Hendrix, Marc
City Secretary Assistant City Manager
APPROVED AS TO FORM
APPROVED BY: AND LEGA .
S, Frank Crumb, PE Amy J. se
Water Director Assistan City Attorney
ATTEST: CITY OF BENBROOK
Jo nna King Andy Wayman
ty Secretary City Manager
ADOPTED:
EFFECTIVE:
RC)
Contract authorization
IQ�1
Date
Fort Worth&Benbrook
Interlocal Agreement
March 27,2007 01F 11 .;,L 1 C,1120
Page 3 of 3 'C.T Y 011:1 n Rn7
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/12/2007 - Ordinance No. 17602-06-2007
DATE: Tuesday, June 12, 2007
LOG NAME: 60MARYS CREEK REFERENCE NO.: **C-22183
SUBJECT:
Authorize an Interlocal Agreement with the City of Benbrook for the Relocation of Fort Worth
Sanitary Sewer Interceptor Main M-259 within the Mary's Creek Drive Right-of-Way and Adopt
Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer of $109,732 from the Water and Sewer Operating Fund to the Sewer Capital
Projects Fund;
2. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the
Sewer Capital Project Fund in the amount of$109,732; and
3. Authorize the City Manager to execute an Interlocal Agreement with the City of Benbrook for the
relocation of Fort Worth sanitary sewer interceptor Main M-259 within the Mary's Creek Drive right-of-way.
DISCUSSION:
The City of Benbrook is undertaking a capital project that includes the replacement and enlargement of the
Mary's Creek Drive bridge culvert over Plantation West Creek within that right-of-way.
In order to replace Benbrook's bridge culvert at the new elevation, it is necessary to relocate a 407 feet
segment of City of Fort Worth Sanitary Sewer Interceptor Main M-259 that is in direct conflict with the
proposed bridge structure. This sewer main was constructed in 1956 and serves customers in Western Hills
Addition in west Fort Worth. The City of Fort Worth's cost for the relocation of M-259 based upon bids
received by the City of Benbrook is $94,745.
Under the terms of the proposed Interlocal Agreement, Benbrook agrees to include the relocation of M-259
(and increasing the pipe size from 15 to 18 inches in diameter) within its construction project for the
replacement and enlargement of the Mary's Creek Drive bridge culvert; Benbrook agrees to allow Fort
Worth to inspect the construction of the identified segment of M-259; and Fort Worth agrees to reimburse
Benbrook, the construction cost of the identified segment of M-259 based upon actual invoices Benbrook
receives from its contractor; provided that the maximum payment by Fort Worth to Benbrook shall not
exceed $100,000.
Staff considers the proposed Interlocal Agreement to be reasonable and recommends approval.
FISCAL INFORMATION/CERTIFICATION:
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 6/13/2007
Page 2 of
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of
the Sewer Capital Project Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
P274 472045 7001700729ZZ $109,732.00 274 541200 700170072983 $100,000.00
2) $100,000.00 1)PE45 538070 0709020 $109,732.00
P274 541200 700170072983
2
P274 531350 700170072933
000.00
P274 531350 700170072980
1 000.00
P274 531350 700170072982
100.00
2) 947.00
P274 531350 700170072984
2 $5,685.00
P274 531350 700170072985
Submitted for City Manager's Office-by. Marc Ott (8476)
Originating Department Head: S. Frank Crumb (8207)
Additional Information Contact: S. Frank Crumb (8207)
http://www.cfwnet.org/council_packet/Repoits/mc_print.asp 6/1�/2007