HomeMy WebLinkAboutContract 40078cm SECRETARY
corrtftAcr No. Y� �
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS
COUNTY OF TARRANT
AGREEMENT BY AND BETWEEN THE CITIES OF
NORTH RICHLAND HILLS, RICHLAND HILLS
HALTOM CITY AND FORT WORTH FOR THE
REPAIR AND MAINTENANCE OF TCWSC LINE AND THE HALTOM CITY
OUTFALL MAIN AND THE CONSTRUCTION OF THE
BIG FOSSIL CREEK RELIEF SEWER
This Agreement is made and entered into by and between the City of Haltom
City, acting herein by and through its City Manager, Thomas J. Muir, hereinafter referred
to as HALTOM CITY; the City of North Richland Hills, acting herein by and through its
City Manager, Mark Hindman, hereinafter referred to as NORTH RICHLAND HILLS;
the City of Richland Hills acting herein by and through its City Manager, James Quin,
hereinafter referred to as RICHLAND HILLS; and the City of Fort Worth, acting herein
by and through its Assistant City Manager, Fernando Costa, hereinafter referred to as
FORT WORTH, all of Tarrant County, State of Texas, (collectively the "PARTIES")
witnesseth:
WHEREAS, the Cities of North Richland Hills, Richland Hills, and Haltom City each
have a contract with the City of Fort Worth whereby the City of Fort Worth accepts
wastewater for treatment at its Village Creek Wastewater Treatment Plant; and
WHEREAS, on the llth day of November, 1997, the City Council of the City of
Richland Hills authorized participation with the cities of Fort Worth, North Richland
Hills and Haltom City in the Big Fossil Creek Relief Sewer Planning Study; and
WHEREAS, on the 24th day of May, 1999, the City Council of Haltom City authorized
participation with the cities of Fort Worth, North Richland Hills and Richland Hills in the
Regional Wastewater Facility Planning study; and
WHEREAS, on the 14th day of June, 1999 the City Council of the City of North
Richland Hills adopted Resolution 99-38 authorizing participation with the cities of Fort
Worth, Richland Hills and Haltom City in the Big Fossil Creek Relief Sewer Planning
Study; and
WHEREAS, on the 15th day of June, 1999, the City Council of the City of Fort Worth
authorized participation (M&C G-12583) with the cities of North Richland Hills,
Richland Hills and Haltom City in the Big Fossil Creek Sanitary Sewer System Study;
and
WHEREAS, on the 121b day of July, 1999, the City of North Richland Hills authorized
an agreement (Resolution No. 99-43) with the engineering firm of Knowlton -English -
Flowers, Inc. for the preparation of the Big Fossil Creek Wastewater Outfall System
Planning Study, such report dated March, 2000 containing certain recommendations for
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CITY SLCf�ETARY
the construction of sanitary sewer improvements known as the Fort Worth Big Fossil
Creek Relief Sewer Main, hereinafter referred to as the "Project"; and
WHEREAS, the City of North Richland Hills obtained a planning grant from the Texas
Water Development Board (TWDB Contract No. 99483-308) for the preparation of a
Regional Facility Plan for the Big Fossil Creek Basin of the Trinity River; and
WHEREAS, the Cities of Fort Worth, North Richland Hills, Richland Hills and Haltom
City desire to enter into an agreement establishing each city's duties and responsibilities
as they are related to the Project; and
WHEREAS, on or about the 3rd day of June, 2007, the City of Fort Worth responded to
a public health and safety risk posed by sanitary sewer back-ups and overflows from a
sewer main approximately located at 3100 Hickory Post Road, Haltom City, Texas and
commonly known as the Tarrant County Water Supply Corporation ("TCWSC") sewer
main; and
WHEREAS, each governing body fords that the performance of this Agreement is in the
common interest of all 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.
NOW THEREFORE, the PARTIES agree as follows:
1.
EMERGENCY REPAIR AND RECONSTRUCTION OF
THE TCWSC SEWER MAIN AND THE HALTOM CITY OUTFACE MAIN
BEFORE BIG FOSSIL RELIEF SEWER IS IN SERVICE.
A. TCWSC Sewer Main (One Repair Location)
For the emergency response made by FORT WORTH beginning on or about
June 3, 2007 through the date of execution of this Agreement, FORT
WORTH, NORTH RICHLAND HILLS and RICHLAND HILLS shall share
the cost for the emergency repair and reconstruction of the sanitary sewer
main approximately located at 3100 Hickory Post Road, Haltom City, Texas,
known as the TCWSC sewer main (hereinafter the "TCWSC line") at
approximately Point X on Exhibit A to this Agreement. Such cost shall be
shared equally among FORT WORTH, NORTH RICHLAND HILLS and
RICHLAND HILLS and shall include all expenses as determined reasonably
necessary by FORT WORTH.
TCWSC SEWER MAIN, HALTOM CITY OUTFACE
sIG FosslL SEWER Page 2 of 14
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B. TCWSC Line (Between Point F and Point G) and the HALTOM CITY Outfall
(Between Point E and Point J)
Upon full and complete execution of this Agreement, FORT WORTH,
NORTH RICHLAND HILLS, RICHLAND HILLS AND HALTOM CITY
shall each equally share the cost of the repair and maintenance performed by
FORT WORTH under this agreement of 1) the TCWSC Line, from Point F to
Point G as shown in Exhibit A; and 2) the sanitary sewer outfall located south
of the existing Haltom City meter station, Haltom City, Texas, (hereinafter the
"Haltom City Outfall Main") from Point E to Point J as shown in Exhibit A.
Such obligation shall continue until the completion of the Big Fossil Relief
Sewer Main and shall be consistent with Section 4 of the Agreement.
2.
PARTIES OBLIGATIONS.
A. Repair and Maintenance of the TCWSC Line and the Haltom City Outfall before
Construction of Big Fossil Relief Sewer Main
l.) FORT WORTH agrees to furnish all materials necessary to accomplish the
repair and major maintenance to the TCWSC Line and the Haltom City Main
as described in Sections LA&B (also referred to collectively as the "sewer
mains".) FORT WORTH shall be responsible for the preparation of any
contracts or documents for the repair and maintenance of the sewer mains.
2.) FORT WORTH shall invoice the other PARTIES for their respective
shares of each partial payment during the course of the repair and
maintenance of the sewer mains. Payment for such invoices shall be due ten
(10) days from the date of such invoice, unless otherwise agreed to in writing
by FORT WORTH and the respective parry.
B. Timeline for completion of the Big Fossil Relief Sewer Main (the "Project")
1.) FORT WORTH agrees to use its best efforts to complete the Project
within ten (10) years from the date of full and complete execution of this
Agreement. However, if the Project is not completed at the end of the tenth
(loth) year, FORT WORTH shall assume responsibility for the operation and
maintenance of the TCWSC Line and Haltom City Outfall Main.
2.) At the time RICHLAND HILLS flow is diverted to the Big Fossil Relief
Sewer Main, RICHLAND HILLS shall assume full ownership, operation and
maintenance responsibilities and costs for the portion of the TCWSC line that
remains necessary to serve RICHLAND HILLS as shown in Exhibit A
between Point H and Point C and that has not been abandoned at the
completion of the Project.
TCWSC SEWER MAIN, HALTOM CITY OUTFACE
sxc FosslL SEWER Page 3 of 14
November 6, 2009
Version 16
C. Allocation of Responsibilities and Cost for the Completion of the Big Fossil
Relief Sewer Main (the "Project")
l.) FORT WORTH shall be responsible for the preparation of plans and
specifications, together with any modifications required during construction,
and contract documents for the construction of the Big Fossil Sewer Main,
generally as shown on Exhibit A. The cost of the design, including any and all
costs incurred in the selection process including the issuance of a Request for
Proposal or Request for Qualifications, shall be shared by the PARTIES as
follows:
Fort Worth 79.7%
Haltom City 10.4%
North Richland Hills 6.3%
Richland Hills 3.6%
2.) The PARTIES shall cooperate in the selection of an engineer to prepare
the design and construction documents for the Project. The construction
documents will be prepared in such a manner so as to be able to calculate each
Party's cost as described below. FORT WORTH will be responsible for the
negotiation of the engineering contract and for appropriating funds necessary
to pay for the engineering contract. FORT WORTH will not award the
engineering contract until each party has adopted a resolution authorizing
payment to the City of Fort Worth of its respective share of the cost to be
incurred. FORT WORTH shall invoice the other PARTIES for their
respective shares of each partial payment during the course of the design
contract. Payment for all invoices shall be due thirty (30) days from the date
of such invoice, unless otherwise agreed to in writing by FORT WORTH and
the respective party within ten (10) days of the date of the invoice
The engineering agreement will exclude costs for the design of lift stations to
divert slows from NORTH RICHLAND HILLS and RICHLAND HILLS to
the Big Fossil Relief Sewer Main, such being the sole cost of the PARTY
requiring such facility. The PARTIES agree that at the time of execution of
this Agreement the PARTIES do not anticipate that a Lift Station is required
to divert NORTH RICHLAND HILLS flow to the Project.
3.) The cost of easements, appraisal fees, and right -of --way acquisitions shall
be shared by the PARTIES hereto as follows:
Fort Worth 79.7%
Haltom City 10.4%
North Richland Hills 6.3 %
Richland Hills 3.6%
Appraisal and property acquisition services shall be included in the
engineering agreement contemplated by Section C.2 above. The consultant
TCWSC SEWER MAIN, HALTOM CITY OUTFACE
BIG FOSSIL SEWER Page 4 of 14
November 6, 2009
Version 16
shall be responsible for all property appraisals, acquisitions and easements. In
the event the acquisition of property or easements cannot be accomplished
through negotiation and must be accomplished through condemnation, the
staff of the jurisdiction within which the property is located agrees to
recommend to its governing body that a resolution be adopted in support of
the condemnation action. In such event, a representative from the participating
city will be present at the condemnation hearing. Any property owned by any
PARTY upon which an easement is necessary shall be dedicated at no cost.
Any existing easement held by any parry shall be transferred to FORT
WORTH at no cost.
4.) The construction costs, including change orders, construction management
costs, and inspections costs for the various segments of the Big Fossil
Relief Sewer Main shall be shared as follows:
a. From Point A to Point B and from Point C to Point B, exclusive of
design and construction of any lift stations and force mains
required, as shown on Exhibit A
FORT WORTH 79.7%
HALTOM CITY 10.4%
NORTH RICHLAND HILLS 6.3 %
RICHLAND HILLS 3.6%
b. Point B to Point F, exclusive of Point B to Point C, as shown on
Exhibit A
FORT WORTH 82.7%
HALTOM CITY 10.8%
NORTH RICHLAND HILLS 6.5%
c. Point E to Point D, as shown on Exhibit A
FORT WORTH 82.7%
HALTOM CITY 10.8%
NORTH RICHLAND HILLS 6.5%
d. Transfer of NORTH RICHLAND HILLS flows from TCWSC
Line to Point F, as shown on Exhibit A, exclusive of design and
construction of any lift stations and force mains required.
FORT WORTH 82.7%
HALTOM CITY 10.8%
NORTH RICHLAND HILLS 6.5%
TCWSC SEWER MAIN, HALTOM CITY OUTFACE
sIc FOSSIL SEWER Page 5 of 14
November 6, 2009
Version 16
5.) As of the time of execution of this Agreement the estimated cost of
Project, including the cost of engineering, construction, right-ofl way
acquisition, financing and contingencies is as follows:
FORT WORTH
HALTOM CITY
NORTH RICHLAND HILLS
RICHLAND HILLS
Total Estimated Project Cost
$145971,512 81.7%
$ 15957,624 10.7%
$ 1,1815961 6.4%
$ 221,618 1.2%
$18,3325715 100%
The estimated costs presented herein, in 2007 dollars, are for planning
purposes. Actual Project cost may differ and shall be adjusted to reflect the
final cost of engineering, construction, right-ofe way acquisition and financing.
Actual Project cost shall be shared by the PARTIES in the same percentage
breakdown as designated for the estimated cost of the Project.
6.) FORT WORTH shall be responsible for the advertising and award of the
construction contract for the Project, the costs of which shall be shared by
PARTIES hereto as detailed in Paragraph 2.C.1 above. FORT WORTH shall
notify the PARTIES of the anticipated date for receipt and opening of bids.
FORT WORTH shall be responsible for the review of the bids, shall consult
with the Parties regarding to whom the award of contract should be made and
shall make a recommendation for award.
7.) FORT WORTH shall be responsible for the award of contract and for
appropriating the funds necessary to pay for the construction. FORT WORTH
shall award the construction contract only after the PARTIES have adopted
resolutions authorizing payment to the City of Fort Worth. FORT WORTH
shall invoice the other PARTIES for their respective shares of each partial
payment during the course of the construction. Payment of all invoices are due
thirty (30) days from the date of such invoice, unless otherwise agreed to in
writing by FORT WORTH and the respective party within ten (10) days of the
date of the invoice.
8.) FORT WORTH shall be responsible for the cost associated with the
construction and installation of three metering stations to measure the flows
from the other PARTIES hereto into the FORT WORTH collection system.
9.) All engineering and construction costs associated with any lift station and
force main necessary to connect to the Big Fossil Relief Sewer are the full
cost and responsibility of the parry requiring said lift station.
10.) Nothing contained herein shall be construed so as to prevent FORT
WORTH from including the costs it incurs hereunder as system costs as that
term is defined in its wholesale contracts with the PARTIES hereto and its
TCWSC SEWER MAIN, HALTOM CITY OUTFACE
sic FOSSIL SEWER Page 6 of 14
November 6, 2009
Version 16
other wholesale contracts to the extent that such costs may be lawfully
included in rate calculations.
3.
OWNERSHIP,
A. The PARTIES hereby acknowledge that FORT WORTH shall not assume
ownership and is currently not the owner of either the TCWSC Line or the
Haltom City Outfall Main. The PARTIES acknowledge that no
representations, statements or warranties, express or implied, have been made
by or on behalf of FORT WORTH, in respect to FORT WORTH's ownership
of either the TCWSC Line and/or the Haltom City Outfall Main.
B. The PARTIES further agree that upon completion of the Project, FORT
WORTH shall own, operate and maintain the Big Fossil Relief Sewer Main as
part of its wastewater collection system.
4.
MAINTENANCE.
A. The PARTIES hereby acknowledge that FORT WORTH shall not be
obligated to perform or ensure routine maintenance of the TCWSC Line or the
Haltom City Outfall Main. The term maintenance as used in this Agreement
shall include but not be limited to routine cleaning, and minor repairs and
rehabilitation necessary to protect and ensure the ability of a pipe to transport
flow. HALTOM CITY, RICHLAND HILLS and NORTH RICHLAND
HILLS agree to address all maintenance issues in a timely and appropriate
manner. Notwithstanding FORT WORTH's lack of obligation to perform any
maintenance of the TCWSC Line or the Haltom City Outfall Main, FORT
WORTH may in its sole discretion, respond to major maintenance which shall
include heavy cleaning for root and grease removal involving larger
equipment than routine maintenance issues as reasonably necessary and
requested by the other PARTIES.
B. FORT WORTH agrees to use its best efforts to address major maintenance
issues and structural failures which have caused a system backup or Sanitary
Sewer Overflow (SSO)s and which could not be addressed by routine
maintenance.
C. The PARTIES agree that a) if FORT WORTH performs maintenance to the
TCWSC Line or the Haltom City Outfall Main as it deems necessary and with
notification to the appropriate party of such maintenance; or b) if FORT
WORTH performs maintenance to the TCWSC Line or Haltom City Outfall
Main upon request from a parry, FORT WORTH shall not be obligated to
report an SSO or other unauthorized discharge to any governmental body.
Such obligation to report an SSO or other unauthorized discharge shall remain
TCWSC SEWER MAIN, HALTOM CITY OUTFAI,L
sI� FosslL SEWER Page 7 of 14
November 6, 2009
Version 16
the sole responsibility of the other PARTIES as described in the Texas Water
Code Section 26.039 and/or any permit issued describing such obligation.
D. HALTOM CITY, RICHLAND HILLS and NORTH RICHLAND HILLS
agree to respond to any and all SSOs and other unauthorized discharges which
occur within their respective city limits, in a timely and appropriate manner
pursuant to all applicable rules, regulations and laws. Notwithstanding, FORT
WORTH agrees to respond to SSO's and other unauthorized discharges which
occur from the TCWSC and HALTOM CITY lines and that are inside the
FORT WORTH city limits. However, FORT WORTH shall not assume any
liability for such SSO or unauthorized discharge. The City of origin for the
wastewater contributing to the overflow shall be responsible for notifying the
other parties to this agreement and the TCEQ of the event, if applicable. The
City in which the overflow occurs shall be responsible for notifying the
public, if necessary according to TCEQ criteria. Any fines assessed due to
SSO's and other unauthorized discharges which occur from the TCWSC and
HALTOM CITY lines shall be shared equally among the four PARTIES.
Nothing in this Agreement shall be construed to grant or recognize FORT
WORTH's ownership nor maintenance responsibility for TCWSC and
HALTOM CITY lines within FORT WORTH's city limits.
E. Upon the completion of the Big Fossil Relief Sewer Main and the permanent
diversion of NORTH RICHLAND HILLS flow to either FORT WORTH'S
existing sewer main known as M402 or the proposed Big Fossil Relief Sewer
Main, RICHLAND HILLS shall assume sole ownership and be solely
responsible for all maintenance costs for the portion of the TCWSC Line that
is necessary to serve RICHLAND HILLS.
5.
TCWSC LINE AND HALTOM CITY MAIN PLUGGED AND ABANDONED.
A. Upon completion of the Big Fossil Relief Sewer Main, the PARTIES agree
that the TCWSC Line and the Haltom City Outfall Main shall be plugged and
abandoned in accordance with all applicable laws and regulations.
B. The TCWSC Line shall be abandoned from Point F to Point H and Point C to
Point G. The costs associated with these two segments shall be at the
percentages presented in Paragraph 2.C.4.a.
C. The Haltom City Outfall Main shall be abandoned from Point E to Point J.
The costs associated with this segment shall be at the percentages presented in
Paragraph 2.C.4.c.
TCWSC SEWER MAIN, HALTOM CITY OUTFACE
sIc FosslL SEWER Page 8 of 14
November 6, 2009
Version 16
6.
RELOCATION OF A PORTION OF EXISTING FORT WORTH
BIG FOSSIL SEWER (M402).
As part of the design of this Project, FORT WORTH agrees to evaluate the
feasibility of relocating the existing Big Fossil Main 402 from Point K to Point L
by oversizing the Big Fossil Relief Sewer Main. Upon determination by FORT
WORTH that such oversizing is feasible, the Big Fossil Relief Sewer Main may
be oversized to allow abandonment of the existing Main 402 upon the request of
HALTOM CITY. If HALTOM CITY agrees that such oversizing is feasible and
makes such request, HALTOM CITY shall pay the cost of oversizing the Big
Fossil Relief Sewer Main. The additional cost to oversize shall be the difference
of the cost for the additional larger pipes, additional structures and other
necessary materials beyond the cost of the original design of the Project.
7.
EFFECT OF AGREEMENT.
A. Notwithstanding Section 3, nothing in the performance of this Agreement
shall impose any liability for claims against any other party other than claims
for which the applicable laws may impose liability.
B. The parties to this Agreement do not intend for any third party to obtain a
right by virtue of this Agreement.
C. By entering into this Agreement, the parties do not intend to create any
obligations express or implied other than those stated in the Agreement;
further, this Agreement shall not create any rights in any party not a signatory
to the Agreement.
8.
STY.
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.
9.
PAYMENT.
All payments due to any Party hereunder are due and payable within 30 days from
the date on invoice. A payment is late if not paid within 10 days from the due
date. Late payments shall accrue interest at the rate of one and one-half percent
(1-1/2%) per month until paid.
TCWSC SEWER MAIN, HALTOM CITY OUTFACE
sIc FosslL SEWER Page 9 of 14
November 6, 2009
Version 16
10.
NOTICE.
Any notice permitted or required to be given herein shall be in writing, mailed
regular mail to the address shown below, or by facsimile to the numbers shown
below.
If to NORTH RICHLAND HILLS
Mr. Mike Curtis, P. E., Public Works Director, City of North Richland Hills
7301 N E Loop 820
North Richland Hills, Texas 76182
Telephone: 817427-6400
Facsimile: 817427-6404
If to RICHLAND HILLS
Mr. Michael Barnes, P. E., Public Works Director, City of Richland Hills
6700 Rena Drive
Richland Hills, Texas 76118
Telephone 817-2994830
Facsimile 817-2994832
If to HALTOM CITY
Mr. David Fain, Public Works Director, City of Haltom City
4200 Hollis Street
Haltom City, Texas 76117
Telephone 817-834-9036
Facsimile 817431-7855
If to FORT WORTH
Mr. S. Frank Crumb, P.E., Director Fort Worth Water Department
1000 Throckmorton Street
Fort Worth, Texas 76102
Telephone: 817-3 92-8207
Facsimile: 817-3 92-8195
11.
STATE REVOLVING FUND.
The PARTIES agree to cooperate in the expeditious preparation of such
documents as may be necessary for the submission an application by FORT
WORTH to the State of Texas for participation in the State Revolving Fund.
Acceptance or denial of the application shall not affect any party's responsibility
hereunder.
TCWSC SEWER MAIN, HALTOM CITY OUTFACE
BIG FOSSIL SEWER Page 10 of 14
November 6, 2009
Version 16
12.
MODIFICATIONS.
This Agreement may not be changed, revised or otherwise amended unless same
be in writing and approved by the governing body for each parry.
13.
GOVERNMENTAL POWERS AND IMMUNITIES.
It is understood and agreed that, by execution of this Contract, the PARTIES do
not waive or surrender any of their individual governmental powers or
immunities. Each parry acknowledges that the each other party is a Governmental
Body and as such has certain rights, powers and duties. The PARTIES agree that
these rights, powers and duties shall not excuse each PARTY from performance
of its obligations under this Agreement.
14.
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.
15.
ENTIRETY.
This Agreement, together with Exhibit A contain all the terms and conditions
agreed to by the PARTIES, and no other contracts, oral or otherwise, regarding
the subject matter of this Agreement or any part thereof shall have any validity or
bind any of the PARTIES hereto.
TCWSC SEWER MAIN, HALTOM CITY OUTFACE
BIG FOSSIL SEWER Page 11 of 14
November 6, 2009
Version 16
This Agreement shall become effective upon full and complete execution of each party
below:
EXECUTED thisbVl�day of N p r I I , 2010.
CITY OF FORT WORTH
FERNANDO COSTA
ASSISTANT CITY MANAGER
DATE:
APPROVED AS TO FORM AND
LEGALITY
12 .
A SIST T CITY ATTORNEY'
ATTEST
CITY OF NORTH
CITY MANAGER
DATE: 34� - � Q
L-Q4 ► S5
Contract Authorization
i I , I I
gate
CITY OF HALTOM CITY
THOMAS J. MLTIR
CITY MANAGER
APPROVED AS TO FORM AND
LEGALITY
tj 10
�d
ATTORNEY FOR HALTOM CITY
T
MACHO
CRETARY
OF RICHLAND HILLS
DAMES QUIIv
CITY MANAGER
DATE:
TCWSC SEWER MAIN, HALTOM CITY OUTFACE
fiIG FOSSIL SEWER Page 12 of 14
November 6, 2
OFFtCtA`�'CORD
CITY SECRETARY
FT. WORTH, TX
• NW1 • ;
�086%OXX
:��AT ST .t`
� r _ U)
AND
RICHLAND ATTORNEY FOR RICHLAND HILLS
N R H Council ActionQ/ N
Date Approved r2i
/kgenda No'�2�\O-1��0
OF#/ Reg No.
TCWSC SEWER MAIN, HALTOM CITY OUTFACE
sec FOSSIL SEWER Page 13 of 14
November 6, 2009
Version 16
OFFICIAL RECORD
CITY SECRETARY
F r. WORTH, TX
CRICHLAND HILLS
HALTOM O7Y
LIFT STATION
wus SDurH
HALT0A OTY EASr
MEIT3t STATION 1p
J'
PANT r
Transfer of NRH
meows to Bq FoaR
in Per Crest.
Sharing Schedde 02
POINT "X POINT
XTCISS[sEWER
Fys',O
Bof ,
+pq' FW, HC, and HRH to
ctl1Participate In costs of
P Big Fossil para&4 rnam,
HALTOM CITY -; from point B oPONt
"F' per cost Scl dole ®2
i
p Transfer of RN
Cost d ovarstrhg % Rows to Big Fosses
shall be V Dy HC parallel main,
exclusive of LS,
aA per Scheedule @1
mop
o � POINT "L"
POINT"D" • - - ----
pnrm F� POINT "B'
................ HALTOM CRY
o aAa�aa:aac NORTH RICHLAND HRli
TCWSC
��n �n �urau®. RICHLAND HILLS
•—•—•—•�•�•--- PROPOSED CONNECTION
� PROPOSED BIG FOSSR RELIEF
SEWER
COST PARTICIPATION
1. COST PARTICIPATION FOR BIG FOSSIL PARALLEL
SEWER MAIN FROM EXISTING 90' UPSTREAM TO
RICHLAND HILLS CONNECTION,
COST SCHEDULE "1" . PT. "A" TO PT. "B"
CITY
PEAK FLOW
%COST
Fort Worth
94.40 MGD
79,7%
Haltom City
12,31 MGD
f0.4%
Noah Richland Hills
7,44 MGD
63%
Richland Hills
4,31 MGD
3,6%
TOTAL
118,46 MGD
iiiit00.0%
2. COST PARTICIPATION FOR BIG FOSSIL PARALLEL
SEWER MAIN FROM RICHLAND HILLS CONNECTION
UPSTREAM TO eROADWAY AVE.
COST SCHEW LE R" - PT.'B" TO Pi.'F
CRY
PEAK FLOW
%COST
Fort Worth
44.40 MGD
82.7%
Haltom City
12.31 MGD
10.8%
North Richland Hills
7,44 ASGD
6,5%
TOTAL
114.15 MGD
100.0%
3. COST PARTICIPATION PERCENTAGE FOR SEWER
MAIN FROM BIG FOSSIL AWN TO EXISTING HALTOM
CRY SEWER LINE (PT."PTO PT. "D") SHALL BE PER
COST SCHEDULE'Y.
4. COST PARTICIPATION PERCENTAGE FOR TRANSFER
OF RICHLAND HILLS FLOWS FROM TCWSC TO BIG
FOSSIL (PT. -C TO PT, B', EXCLUSIVE OF ANY
REQUIRED LIFT STATION, SHALL BE PER COST
SCHEDULE "1".
5. COST PARTICIPATION PERCENTAGE FOR TRANSFER
OF N. RICHLAND HILLS FLOWS FROM TCWSC TO BIG
FOSSIL (iCWSC TO PT. "F"), EXCLUSIVE OF ANY
REQUIRED LIFT STATION, SHALL BE PER COST
SCHEDULE "1".
6. HALTOM CRY IS RESPONSIBLE FOR THE COST OF
OVERSQING THE BIG FOSSIL RELIEF SEWER MAIN
BETWEEN POINTS "K" AND L".
HALTOM CfIY SE
METER STATION
FORT WORTH
`g, HC, and NNH
ponsia for costs d
Dyyazs sewer, from point
polnt'D', Per Cult
Shamsg Schedule 52
RICHLAND HILLS
POINT "C"
IBfJ1LAND HILLS
6 SOUTH METER
STATION
0
FW, HC, RH, antl NRH to
participate ks rusts d
Big Fossil parallel ma'.n,
from polnc'A' m po'nt
'0• per cost Schedule?1
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7. FORT WORTH IS RESPONSIBLE FOR THE COST OF
THREE NEW METERS FOR NORTH RICHLAND HILLS,
RICHLAND HILLS, AND HALTOM CRY.
EXHIBITA
Page I of 3
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COUNCIL ACTION: Approved on 4/6/2010
DATE: Tuesday, April 06, 2010 REFERENCE NO.: **C-24155
LOG NAME: 60BIG FOSSIL URS
SUBJECT:
Authorize an Engineering Services Agreement in the Amount of $963,641.91 with URS Corporation for the
Design of Big Fossil Creek Parallel Relief Sewer Main 402 from Broadway Avenue to the Trinity River,
Authorize the Big Fossil Creek Agreement with the Cities of North Richland Hills, Richland Hills and Haltom
City to Address Cost Sharing Provisions of the Project and Ratify and Execute the Interim Maintenance
Agreement with the City of North Richland Hills for Extended Payments of Emergency Repairs (COUNCIL
DISTRICT 4)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute an Engineering Services Agreement in the amount of
$963,641.91 with URS Corporation for the Design of Big Fossil Creek Parallel Relief Sewer Main 402 (City
Project No. 01303);
2. Authorize the City Manager to execute the Big Fossil Agreement with the City of North Richland Hills,
City of Richlad Hills and the City of Haltom City for cost sharing provisions of the subject project; and
3. Authorize the City Manager to ratify and execute the Interim Maintenance Agreement with the City of
North Richland Hills for extended payments of emergency repairs.
DISCUSSION:
On June 15, 1999, (M&C G-12583) the City Council authorized participation in the Big Fossil Creek
Sanitary Sewer System Study with the City of North Richland Hills, the City of Richland Hills and the City
of Haltom City utilizing a Texas Water Development Board (TWDB) 50/50 matching grant to determine the
feasibility of extending and/or renovating the existing sanitary sewer system of Big Fossil Creek Drainage
Area. The study recommended a single parallel sanitary sewer pipeline with sufficient capacity to provide
joint service for the entire Big Fossil drainage area, including the three identified wholesale customer
cities. The study also determined sanitary sewer capacity needs for each of the four participating cities.
The proposed Engineering Services Agreement includes services to prepare construction plans and
specifications for approximately 17,000 linear feet of sanitary sewer pipeline, a lift station with force main,
two siphons, multiple junction structures and three new wholesale customer meter stations. Also included
are services for coordination meetings with the wholesale customers during the design phase of the
project and preparation of documents for three separate construction contracts.
The costs for design and construction of the new pipeline will be shared bason on the sanitary sewer
capacity needs of each participating city, determined by the 1999 TWDB grant funded study as
follows: Fort Worth 79.7 percent, Haltom City 10.4 percent, North Richland Hills 6.3 percent and Richland
Hills 3.6 percent. The costs of repairs to the TCWSC line and the Haltom City Outfall shall be borne
equally by all four cities until the new line is in service.
http://apps.cfwnet.org/ecouncil/printmc.asp?id=12695&print=true&DocType=Print 4/7/2010
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The proposed Big Fossil Agreement includes provisions for cost sharing among the four cities (Fort Worth,
North Richland Hills, Richland Hills and Haltom City) for the design and construction of the Big Fossil
Parallel Relief Sewer and for repairs of the Tarrant County Water Supply Corporation (TCWSC) line and
the Haltom City Outfall until the new line is in service. Responsibility for maintenance of this sewer line
was not clearly defined after the original owner, the Tarrant County Water Supply Corporation (TCWSC),
dissolved.
These two pipelines have been in service for 40 and 20 years, respectively and portions of both pipelines
are severely deteriorated. The construction of the new sanitary sewer pipeline will allow for the
abandonment of most of the TCWSC line and all of the existing Haltom City Outfall.
The Big Fossil Agreement was approved by the wholesale customer city councils as indicated below:
City of Richland Hills
December 8, 2009
Cit of Haltom CityJanua
11, 2010
City of North Richland Hills
IFebruary 8, 2010
In addition, by letter, the Water Department allowed for an arrangement whereby the City could
retroactively recover its costs for emergency repair and maintenance made to the TCWSC line in June
2007 and which exceeded $300,000.00. Due to the magnitude of the cost and the unplanned nature of the
expense, North Richland Hills paid their share through extended payments. Because the wholesale
customer agreement and the Big Fossil Agreement do not provide for extended payments it is necessary
to ratify and execute the Interim Maintenance Agreement already signed by North Richland Hills.
In addition to the contract amount, $59,000.00 is needed for easement acquisitions, and $118,000.00 is
needed for project management, material testing and survey costs.
URS Corporation is in compliance with the City's M/V1/BE Ordinance by committing to 29 percent. M/WBE
participation on this contract. The City's goal on this project is 28 percent.
This project is located in COUNCIL DISTRICT 4 and in Haltom City. MAPSCO 51X, 65B, C, G and L.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Clean Water State Revolving Loan Fund 2007.
FUND CENTERS:
TO Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
FROM Fund/Account/Centers
P254 531200 700140130331
1)P254 531200 700140130332
P254 531200 700140130333
Fernando Costa (6122)
S. Frank Crumb (8207)
Madelene Rafalko (8215)
1. 60 URS Big Fossil MWBE Compliance.pdf (CFW Internal)
2. 60Big Fossil -URS Corrected FARs.pdf (CFW Internal)
$289,093.00
$578,186.00
$96,365.00
http://apps.cfwnet.org/ecouncil/printmc.asp?id=12695&print=true&DocType=Print 4/7/2010
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3. 60BIGFOSSIL-URS map..pdf (Public)
4. Fund Availability.odf (CFW Internal)
http://apps.cfwnet.org/ecouncil/printmc.asp?id=12695&print=true&DocType=Print 4/7/2010