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Home My WebLink AboutContract 41030• STATE OF TEXAS COUNTY OF TARRANT GUY SECRETARY, - 0,01NAT ACT MO. Lis\ pit KNOW ALL BY THESE PRESENTS • AG Er MENr BY AND BETWEEN THE CITY OF FORT WORTH AND TIE CITY OF HALTOM CITY FOR SANITARY SEWER MAIN 292C RELOCATION FOR TIE LITTLE FOSSIL i' CREEK FLOOD CONTROL IMPROVEMENT PROJECT tic lIr .r TOM CITY, TEXAS S 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 and the City of Fort Worth, acting herein by and throe its Assistant City Manager, Fernando Costa, hereinafter referred to as FORT WORTH, both of Tarrant County, Texas. E '{ AS, HALTOM CITY has a uniform wholesale wastewater contract with FORT WORTH (City Secretary Contract No. 15708); and WHEREAS, HALTOM CITY finds it necessary to improve the Little Fossil Creek through construction of a channel improvements project with the US Army Corps of Engineers(PROJECT) ; and WHEREAS, a portion of FORT WORTH Sanitary Sewer Main 292-C is currently located within dedicated easements and in conflict with the PROJECT; and EREAS9 HALTOM CITY and FORT WORTH now desire to enter into an Agreement establishing each city's duties and responsibilities as they relate to the PROJECT; and WHEREAS, each governing body finds that the performance of this ADreernent is in the common interest of all parties, that the undertaking will benefit the public and that the division of costs and services fairly compensates the performing party for the services or functions under this Agreement. NOW TEDEREF RE, HALTOM CITY and FORT WORTH agree: 1. HALTOM CITY shall pay all costs for all engineering and land acquisition services necessary to relocate the FORT WORTH Sanitary Sewer Main 292-C and appurtenances in conflict with the proposed PROJECT. 2. HALTOM CITY shall be responsible for securing temporary and permanent easements at its cost for the construction and maintenance of the sanitary sewer main and appurtenances. The sanitary sewer main and appurtenances shall be relocated to a dedicated easement granted to FORT WORTH for this purpose by the land owner. Little Fossil Creek M292-C Relocation Page 1 of 3 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX • • 1 -0 --i 0 .1 : 57 1 1\1 • 3. HALTOM CITY shall pay all construction costs to relocate the existing 33-inch sanitary sewer main and appurtenances. 4. FORT WORTH, at its sole discretion, may elect to pay the incremental additional cost to install a 42-inch sanitary sewer main in lieu of the 33-inch sanitary sewer main This mcremental additional cost shall be determined to be the difference in lowest responsive bid of the 33-inch sanitary sewer pipe and the lowest responsive bid of the 42-inch sanitary sewer pipe. 5 The Design Engineer of record, Ha1ff & Associates, Inc., (hereinafter referred to as HALFF), and under contract to HALTOM CITY, shall prepare construction documents (Plans and Specifications) that are acceptable to FORT WORTH. FORT WORTH shall competitively bid the construction project in accordance with Chapter 252 of the Texas Local Government Code and City of Fort Worth Ordinances and accept bids from contractors prequalified to perform the work as determined by the FORT WORTH Water Director. HALFF shall prepare a written recommendation for award of contract for both the 33-inch sanitary sewer pipe and appurtenances and the 42-inch sanitary sewer pipe and appurtenances to FORT WORTH and HALTOM CITY within 10 days of the bid opening. 6. HALTOM CITY shall remit the project cost stated in HALFF's recommendation letter for the 33-inch sanitary sewer pipe and appurtenances plus ten percent (10%) for possible change orders to FORT WORTH within. 30 days of recommendation of award FORT WORTH shall not award the construction contract unless and until funds have been received from HALTOM CITY. Any unused funds will be returned by FORT WORTH to HALTOM CITY within 30 days following the Notice of Completion Increased costs caused by any change order shall be borne by the parties in the same proportion as the parties paying such line items in the contract documents. 7. Construction of the sanitary sewer main and appurtenances shall be to FORT WORTH standards, using approved products, materials and construction techniques. FORT WORTH shall bear the cost of and provide construction inspection and materials testing for the construction of the sanitary sewer main and appurtenances. 8. FORT WORTH shall own and maintain the new sanitary sewer main and appurtenances as part of its system. Nothing contained herein shall be construed so as to prevent FORT WORTH from including the costs incurred hereunder as system costs as that term is defined in its wholesale wastewater contract with HALTOM CITY. 9. Nothing in the performance of this Agreement shall impose any liability for claims against either party other than claims for which the applicable laws may impose liability. 10. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Little Fossil Creek M292-C Relocation Page 2 of 3 11. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those stated in this Agreement; further, this Agreement shall not create any rights in any party not a signatory to this Agreement. This Agreement shall become effective authorized official from each entity. EXECUTED this La[ilk .�� day of is: m CITY OF FORT WORTH FERNANDO COSTA ASSISTANT CITY MANAGER DATE- / D ,Z? /O APPROVED AS TO FORM AND LEGALITY It ()A .,U \- I 1_ . 1(b) ASSIST T CITY A '1/1L1 LCV--t ij1L1- ORNEY 1 _v/L 4, ATTORNEY FOR HALTOM CIi`Y ATTEST MARTYJammu(11rxele, f7 it :4 if NDRTX , cony AR. CITY SECRETARY a '‘0°° ° ° ® `` )' 'TY SECRETARY FOR HALTOM CITY o At Ad uo Contract Authorization.tritqcse ediately upon the execution by the • y 2010. CITY OF,ALTOM CITY THOI4 AS J. wiUER CITY MANAGER. f DATE: 3 t) APPROVED AS TO FORM AND LEGALITY Date n .) gift o° o N. OO° d 02 0 ry" O `f h 0000 Little Fossil Creek M292-C Relocation Page3 of l • • OFFCCIAL RECORD CITY SECRETARY Ft WORTH, TX Page 1 of 2 City of Fort Worth, Texas ayoran• ouncil ommunicati•n COUNCIL ACTION: Approved on 6/8/2010 DATE: Tuesday, June 08, 2010 LOG NAME' 60LITTLE FOSSIL RELOCATE AGMT SUBJECT: REFERENCE NO.: **C-24250 Authorize the Execution of an Agreement with the City of Haltom City to Define Responsibilities Associated with the Relocation of a Portion of the City of Fort Worth Sanitary Sewer M292C to Accommodate a Corps of Engineers Flood Control Improvement Project in the City of Haltom City RECOMMENDATION. It is recommended that the City Council authorize the City Manager to execute an Agreement with the City of Haltom City defining responsibilities of the City of Fort Worth and the City of Haltom City regarding the relocation of a portion of City of Fort Worth Sanitary Sewer M292C to accommodate a Corps of Engineers Flood Control Improvement Project in the City of Haltom City. DISCUSSION: The City of Haltom City with the Corps of Engineers is implementing a Flood Control Improvement Project along Little Fossil Creek. The project impacts a portion of an existing City of Fort Worth Sanitary Sewer Main known as Little Fossil Main 292C (M292C). The existing sanitary sewer M292C is located in dedicated easements and is located within the proposed channel banks. The City of Haltom City is required to relocate the existing sanitary sewer as part of their project. Water Department staff has requested the new line be increased in size in anticipation of future sanitary sewer capacity needs. The City of Fort Worth is responsible for the costs to increase the pipe size, approximately $400,000.00. The final cost will be determined by competitive bids. The City of Haltom City will pay all other costs, including easement acquisition, engineering and construction costs with the exception of the increased pipe size. A separate M&C requesting the award of a construction contract will be submitted after bids are received. This project is located in the City of Haltom City, Mapsco 64H. 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 FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manaaer's Office bv: Oriainatina Department Head: Additional Information Contact: Fernando Costa (6122) S. Frank Crumb (8207) Madelene Rafalko (8215) ATTACHMENTS http://apps.cfwnet.org/ecouncil/printmc.asp?id=13395&print=true&DocType=Print 9/22/2010 Page 2 of 2 60LITTLE FOSSIL RELOCAT AGMT MAP.pdf (Public) http://apps.cfwnet.org/ecouncil/printmc.asp?id=13395&print=true&DocType=Print 9/22/2010