HomeMy WebLinkAboutContract 39476CfTY SECRETARY
CONTf'=ACT NO,'
O.
STATE OF TEXAS §
COUNTY OF TARRANT §
INTERLOCAL AGREEMENT FOR DIVERSION BOX OPERATION AND MAINTENANCE
BETWEEN THE CITIES OF ARLINGTON AND FORT WORTH, TEXAS AND
THE TRINITY RIVER AUTHORITY OF TEXAS
THIS INTER�OCAL AGREEM T (hereafter "AGREEMENT") is made and entered into
on this the a,?WL day of _ R474v,) , 2009, by and between the TRINITY
RIVER AUTHORITY OF TEXAS, a political subdivision of the State of Texas (hereinafter
referred to as "AUTHORITY"), and the CITY OF ARLINGTON, TEXAS and the CITY OF FORT
WORTH, TEXAS, municipal corporations located within Tarrant county, Texas (hereinafter
referred to as "ARLINGTON" and "FORT WORTH," respectively).
WHEREAS, the Texas Legislature has authorized the formulation of Interlocal
Cooperation Agreements between and among governmental entities pursuant to the Interlocal
Cooperation Act, Chapter 791 of the Texas Government Code, as amended; and
WHEREAS, The AUTHORITY owns and operates the Central Regional Wastewater
System (hereinafter called "CRWS") which receives or may receive wastewater from the town of
Addison, and cities of Arlington, Bedford, Carrollton, Cedar Hill, Colleyville, Coppell, Dallas,
Duncanville, Euless, Farmers Branch, Fort Worth, Grand Prairie, Grapevine, Hurst, Irving,
Keller, Mansfield, North Richland Hills, Southlake, and the Dallas/Fort Worth International
Airport; and
WHEREAS, in 2000, ARLINGTON constructed a diversion box between the
ARLINGTON, FORT WORTH and CRWS systems (hereinafter referred to as "STRUCTURE 6,"
and as depicted on "Exhibit A," which is incorporated herein by reference); and
WHEREAS, in 2008, ARLINGTON initiated improvements identified as "Structure 6
Rehabilitation, Project #SR07-019"; and
WHEREAS, the governing bodies of each entity believes that this AGREEMENT is
necessary for the benefit of the public and that each party has the legal authority to provide
governmental function which is the subject of this AGREEMENT; and
WHEREAS, FORT WORTH, ARLINGTON and the AUTHORITY have agreed that it is in
the mutual interest of the parties to this AGREEMENT to entrust the operation and maintenance
of STRUCTURE 6 to the AUTHORITY.
NOW THEREFORE, in consideration of the premises and the agreements, covenants
and promises herein set forth, it is agreed as follows:
Section 1. Upon the completion of Project #SR07-019 and acceptance of the improvements by
the AUTHORITY and ARLINGTON, the AUTHORITY shall take over maintenance and
operation of STRUCTURE 6,
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTf�, TX
Section 2. TERMS OF AGREEMENT
A. AUTHORITY agrees to make at least two site visits to STRUCTURE 6 within each
calendar year at intervals of no greater than every six months. The AUTHORITY shall
exercise the sluice gate a minimum of annually and replace the biofilter as necessary.
AUTHORITY shall coordinate the site visits and any diversion of wastewater flows with
ARLINGTON and FORT WORTH, and shall provide at least 72 hours prior written notice of
any site visit. FORT WORTH shall take all reasonable steps to receive flows that are
diverted when the AUTHORITY exercises the STRUCTURE 6 sluice gate.
B. ARLINGTON, as owner of STRUCTURE 6, will retain its rights to access STRUCTURE
6 and perform any services it deems necessary to protect the integrity and working order of
STRUCTURE 6, and agrees to notify AUTHORITY of any service or repairs to be performed
in connection with STRUCTURE 6 within 72 hours of beginning such services and/or
repairs.
C. ARLINGTON will ensure that the AUTHORITY has access to and any keys or other
hardware necessary for it to properly maintain and operate the sluice gate in STRUCTURE
6.
D. Operations of STRUCTURE 6 besides those described in Paragraph A, above, (i.e.,
emergency operations) shall be the responsibility of the AUTHORITY, and will be carried out
at the instruction and mutual agreement of ARLINGTON and FORT WORTH. The
AUTHORITY shall respond to emergencies requiring the operation of the sluice gate within
at least four (4) hours of being notified and have immediate communication with FORT
WORTH and ARLINGTON as necessary in order to coordinate the emergency operations
activities.
E. In the event ARLINGTON and FORT WORTH mutually agree, the AUTHORITY may
divert flows from ARLINGTON to FORT WORTH'S system through use of STRUCTURE 6,
and FORT WORTH agrees to take all reasonable actions and to accept such flow upon
notice as described herein. Upon mutual agreement by all parties hereto, the AUTHORITY
may divert flow from FORT WORTH'S system to the CRWS through Structure 6. Each party
may withdraw that its mutual consent for diversion at any time, and the AUTHORITY and
FORT WORTH shall take all reasonable steps to terminate such diversion as soon as is
reasonably practicable from the time notice is issued by the party withdrawing its consent,
that consent has been rescinded.
F. For purposes of this AGREEMENT, emergency operations shall be considered as any
task outside of routine operation and maintenance. Such emergency operations shall be
made within four (4) hours of notification pursuant to Section 2.D.
G. ARLINGTON, FORT WORTH and the AUTHORITY agree that in the event of an
emergency operation, billing for diverted flows shall be allocated and charged for using the
established billing methodologies provided for by the Central Regional Wastewater System
Contracts.
H. The AUTHORITY will budget and manage all ongoing maintenance expenses
associated with STRUCTURE 6. The AUTHORITY shall submit quarterly statements for
operations and maintenance to ARLINGTON. ARLINGTON shall pay quarterly statements
from the AUTHORITY within thirty (30) days of receipt.
I. ARLINGTON agrees to fund capital improvements and emergency repairs to
STRUCTURE 6 mutually deemed necessary by the AUTHORITY and Arlington, subject to
ARLINGTON City Council approval.
J. FORT WORTH and AUTHORITY agree to accept flows during the routine exercising of
STRUCTURE 6 without charge.
K. FORT WORTH and ARLINGTON agree that to the extent allowable by law, to release,
save and hold harmless the AUTHORITY from and against any and all claims or liabilities
they may each have against the AUTHORITY and which are associated directly or
indirectly with the AUTHORITY's operation or maintenance of STRUCTURE 6. This
provision does not apply to any claim of sole negligence on the part of the AUTHORITY, its
officers, employees or agents.
L. All parties agree that FORT WORTH shall have no obligation or liability for the
construction, operation, or maintenance of STRUCTURE 6.
Section 3. AGREEMENT INTERPRETATION AND VENUE -The PARTIES covenant and
agree that any litigation relating to this AGREEMENT, the terms and conditions of the
AGREEMENT will be interpreted according to the laws of the State of Texas and venue shall be
proper exclusively in Tarrant County, Texas.
Section 4. CAPTION -The captions to the various clauses of this AGREEMENT are for
informational purposes only and in no way alter the substance of the terms and conditions of
this AGREEMENT.
Section 5. IMMUNITY - It is expressly understood and agreed that, in the execution of this
AGREEMENT, no party 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.
Section 6. SEVERABILITY - If any of the terms, sections, subsections, sentences, clauses,
phrases, provisions, covenants or conditions of this AGREEMENT are for any reason held to be
invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences,
clauses, phrases, provisions, covenants, or conditions in this AGREEMENT shall remain in full
force and effect and shall in no way be affected, impaired or invalidated.
Section 7. TERM -This AGREEMENT shall be in full force and effect for a period of one (1)
year from the date first written above and shall thereafter be automatically renewed from year to
year unless terminated earlier by any party giving at least sixty (60) days written notice of the
termination.
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Section 8. GOVERNING LAW. The validity of the AGREEMENT and of any of its terms or
provisions, as well as the rights and duties hereunder, shall be governed by the laws of the
State of Texas.
Section 9. ENTIRE AGREEMENT. This AGREEMENT contains all the terms, commitments
and covenants of the PARTIES pursuant to this AGREEMENT. Any verbal or written
commitment not contained in this AGREEMENT or expressly referred to in this AGREEMENT
and incorporated by reference shall have no force or effect.
Section 10. CURRENT REVENUES. The parties hereto shall make payments called for
hereunder only from current revenues legally available to each party.
IN WITNESS WHEREOF, the parties acting under authority of their respective governing
bodies have caused this AGREEMENT to be duly executed in several counterparts, each of
which is deemed to be an original, as of the day and date first written above.
CITY OF ARLINGTON, TEXAS
By:
JU A J. HUNT, E.
DI ECTOR O WATER UTILITIES
Date: 10` 7 1
ATTEST"
KAREN BARLAR, CITY SECRETARY
APPROVED AS TO FORM:
JAY DOEGEY, CITY ATTORNEY
CITY OF FORT WORTH
Fernando Costa
ASSISTANT CITY MANAGER
DATE: /p�S� op
By:
DANN F.VANC
GenerqZLMan te: X/0/09
Da
ATTEST:
By:
HOWARD S. SLOBODIN
Secretary, Board of Directors
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OFFICIAL RECORD
CITY SECRETARY
T. WORTH, TX
RECOMMENDED BY:
Frank Crumb
WATER DEPARTMENT D
APPROVED AS TO FORM AND LEGALITY
Christa R.�Reynold�
ASSISTANT CITY
ATTEST
ATTORNEY
CITY SECRETARY
Contract Authorizatiota
Date
5
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
96"
OPTS
EXHIBIT
Arlington to TRA Trinity River Sewer
Structure 6
Village Creek
Wastewater Treatment Plant
Structure 6
Fort Worth City Limits
Arlington City Limits
Arlington to TRA
Trinity River Sewer
Water Information Services
June 2, 2008
This document is not intended for use as a survey product. Map Document: (X:\Business\WIS\g's\COMMRES_GISU1ap_RequeststF1'07-08\WA_Lo�tion_Maps\EXHIBITA Arlington to TRA TnnAy RNer Sewer Strurture 6.mzd)tlb
Trinity River Authority of Texas
Northern Region Office
3110.620.003(5)
November 3, 2009
Mr. Fernando Costa
Assistant City Manager for Infrastructure Services
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
RE: Central Regional Wastewater System
Diversion Box Operation and Maintenance
Interlocal Agreement with the Cities of Arlington and Fort Worth
Dear Mr. Costa:
Enclosed is a fully executed copy of the above referenced Interlocal Agreement that was
approved by the Authority's Board of Directors on October 28, 2009. Please retain this copy for
your files.
Cynthia D. Belvin, Manager of Technical Resources, Northern Region, will be responsible for all
aspects of this Agreement and you should coordinate your efforts accordingly.
If you have any question, please contact this office.
Sincerely,
0 lAe4t**�
WARREN N. BREWER
Regional Manager
Northern Region
W NB/rrr
Enclosures
c: Danny F. Vance, General Manager
Cynthia D. Belvin, Manager of Technical Resources, Northern Region
Bill Tatum, Manager, Central Regional Wastewater System
P.O. Box 240
Arlington, Texas 76004-0240
(817) 493-5100
��� Recycled Paper
* IN ;
DATE: October 27, 2009
FILE: 3110.620.003
TO: WARREN N. BREWER, Regional Manager, Northern Region
RE: Central Regional Wastewater System
Diversion Box Operation and Maintenance
Interlocal Agreement with the Cities of Arlington and Fort Worth
This memo will designate you as my authorized representative in the administration of the above
referenced Agreeto authorize, direct, and administer the professional and related services
to be Derformec me
DANNY
Genera)
WNB/rrr
r
c: Ms. Julia Hunt, Director of Water Utilities, City of Arlington
Mr. Fernando Costa, Assistant City Manager, City of Fort Worth
�MEMM` ,al
TO: La'Kina Roberson, Water Department
FROM: Allison Tidwell, City Secretary's Office
DATE: October 27, 2009
SUBJECT: INTERLOCAL AGREEMENT FOR OPERATION AND MAINTENANCE OF
A WASTEWATER DIVERSION STRUCTURE (M&C C-23839)
These documents are being forwarded to you for original signatures from the Trinity River
Authority of Texas. All signed copies of the contract must be returned with original signatures for
final processing.
Failure to return the documents will delay the final processing of the contract. Once we have
A
eceived all of the documents, we will assign a contract number. Thank you in advance for your
cooperation.
If you have any questions, please call me at 817-392-6090.
Attached: 6 sets
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/13/2009
DATE: Tuesday, October 13, 2009
LOG NAME: 60DIVERSION STRUCTURE 6
REFERENCE NO.: **C-23839
SUBJECT:
Authorize an Interlocal Agreement with the City of Arlington and the Trinity River Authority of Texas for the
Operation and Maintenance of a Wastewater Diversion Structure
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an Interlocal Agreement for
wastewater diversion box operation and maintenance with the City of Arlington and the Trinity River
Authority of Texas.
DISCUSSION:
In 2000, the City of Arlington diverted wastewater flows from the City of Fort Worth Village Creek
Wastewater Treatment Plant (VCWWTP) to the Trinity River Authority Central Regional Wastewater
Treatment Plant (TRA) by constructing a diversion box (Structure 6) between Arlington, Fort Worth and
Trinity River Authority collections systems located outside the southern entrance to the Village Creek
Wastewater Treatment Plant.
Under normal conditions Structure 6 allows wastewater to flow past the VCWWTP to the TRA. However,
during an emergency or as mutually agreed upon by the City of Fort Worth, the City of Arlington and the
Trinity River Authority, these wastewater flows can be diverted into VCWWTP to be treated. Also during
these same conditions, flows from the City of Fort Worth can be diverted to the TRA through the
manipulation of the diversion structure gates.
This agreement would provide increased flexibility to divert wastewater flows during emergency
situations. Under the terms of this agreement, the City is obligated to accept the diverted flows from
Arlington through the diversion box. The City would also agree to release, save and hold harmless TRA
for the operation of such diversion box. The Water Department recommends that the City accept these
obligations for the benefit of the public's health within this region.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office b�
FROM Fund/Account/Centers
Fernando Costa (6122)
http://apps.cfwnet.org/ecouncil/printmc.asp?id=11899&print=true&DocType=Print 10/23/2009
Page 2 of 2
Originating Department Head: S. Frank Crumb (8207)
Additional Information Contact: Sebastian Fichera (4978)
ATTACHMENTS
1. Exhibit A TRA FW Arlington Interlocal.pdf (Public)
2. Exhibit B to Interlocal Agreement Revised.doc (Public)
3. Interlocal_�Arlington FW TRA)_r_evised_doc (Public)
http://apps.cfwnet.org/ecouncil/printmc.asp?id=11899&print=true&DocType=Print 10/23/2009
'Respected and Trusted Leaders
in the Water Indushy"
October 8, 2009
S. Frank Crumb, P.E.
Fort Worth Water Director
Fort Worth Water Department
P.O. Box 870
Fort Worth, TX 76101
O C I I b mm
City of Fort WorM Water Dept.
Re: Interlocal Agreement for Diversion Box Operation and Maintenance between
the Cities of Arlington and Fort Worth and the Trinity River Authority
Dear Frank:
We are forwarding six signed copies of the Interlocal Agreement for Diversion Box
Operation and Maintenance between the Cities of Arlington, Fort Worth, and the Trinity
River Authority. Please return two fully executed copies of the agreement to Arlington
Water Utilities Department, MS# 01-0200, P.O. Box 90231, Arlington, TX 76004.
If you have any questions, please contact me at (817) 459-6600.
Sincerely,
P
lWer Utilities
101 W. Abram Street • P.O. Box 90231 •Arlington, TX 76004-3231
www. arlingtontx.govJwater