HomeMy WebLinkAboutContract 15689 WIN
` May 7, 1.987
WHOLESALE WASTEWATER CONTRACT
C41 Y SEC F?ETAy
STATE OF TEXAS OONTRACT
COUNTY OF TARRANT
This contract made and entered into this the day
of
1987, by and between the City of Fart Worth,
Texas , a muni--ipal corporation, acting herein by and through its
City Manager, Douglas Harman, who is duly authorized so to act,
hereinafter referred to as "For} Worth, " and the Benbroox Water
and Sewer , '-ft.--city, duly authorized by law, acting herein by and
through itj kres,4dent of the .Board of Directors, Cary Ryan, who
is duly authorized so to act , hereinafter referred to as
"Customer. "
WHEREAS , the public health , welfare and safety of the
residents of Fort Worth and Customer require the development of
adequate systems of sewage collection and disposal. , the
elimination of water pollution and the preservation of the water
resources of the area; and
WHEREAS, Fort Worth is required to comply with standards and
treatment methods for wastewater as set forth in federal , state
and local laws and regulations and permits; and
WHEREAS , Fort Worth and Customer have an interest in
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maintaining and restoring the chemical, physical and biological
integrity of waters and water resources and insuring the
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reduction of pollution in said waters and water resources, and
planning the use, development, restoration, preservation and
enhancement of said waters and water resources; and
WHEREAS, Fort Worth and Customer ha,.►e previously entered
into a contract , being known as Fort Worth City Secretary
Contract No. 6036, dated March 1, 1968, together with any and all
amendments thereto dated February 28, 1974, December 3, 1976, and
November 4, 1983, said contract and amendmen;s, if any, providing
for wastewater treatment services; and
WHEREAS , Customer desires to continue to contract for
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wastewater treatment service and Fort Worth desires to continue
to provide wastewater treatment service to Customer; and
WHEREAS, Article 4413 ( 32c) ( the Interlor_al Cooperation
Act ) and Article 11185 , 93 of the Revised Civil Statutes of
Texas , authorizes Fort worth and Customer to enter into this
agreement;
NOW, 'THEREFORE, Fort Worth and Customer, in consideration of
the terms , covenants and conditions herein contained , hereby
agree as follows:
1. Definitions
When used. in this contract, these terms shall be defined as
follows:
1 . 1 Act. or " the Ac '.: " - The Federal Water Pollution
Control Act, also known as the Clean Water Act. ( "CW A" ) , as
amended ( 33 U.S.C. 1251, et seq. ) .
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1 . 2 Biochemical Oxygen Demand ('BOD) -- The quantity of
oxygen utilized in the biochemical oxidation of organic matter
specified by procedure in Standard Methods, and results expressed
in terms of weight and concentration ( milligrams per liter
kmg/1) ) .
1 . 3 Calibration - Verification of primary measuring
device and secondary instrumentation accuracy utilizing standard
primary device procedures and calibration signals and/or a
separate flow measurement instrument.
1 . 4 Customer System The facilities of Customer used
for pretreatment, collection and transportation of wastewater to
the point of entry.
1 . D Delivery facilities - All facilities necessary for
the transmission of wastewater to the xort Worth System that are
on the Customer 's side of the point of entry that are constructed
specifically to allow Fort Worth to serve Customer.
1 . 6 Director - The Fort Worth Mater Department Director
or his designee.
1 . 7oDomestic accounts - Single-family and residential
duplex dwellings served by one meter . This definition is used
only in the context of determining billing on a per-connection
basis.
1 . 8 Fort Worth Expense - Expenses incurred by Tort
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worth related to the wastewater utility, such expenses to be
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allocated as a System Cast if so determined in future
Cost-of-service studies.
I . 9 Fort. Worth System - Fort Worth 's wastewater
collection: and treatment system.
1 . 10 General benefit capital. facilities - Wastewater
facilities that provide utility services and benefits common to
all customers ; this includes wastewater treatment facilities,
metering and sampling facilities , control systems and
appurtenances, and all major collectors and i iterce~ptors that are
eighteen :` nches (19" ) and greater in diameter.
1 . 11 Indirect Discharge, -- The discharge or they
introduction of industrial wastes from any source regulated under
Section 307 ( b) or (c) of the Act, ( 33 U.S.C. 1317) , into the Fort
Worth System Cinc4luding holding tank waste discharges-d into they
system) .
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1 . 12 Industrial User - 4 source of indirect discharge
which does not constitute a "discharge of pollutants " under
regulations issued pursuant to Section 402 , of the Act., ( 33
U.S.C. 1342) .
1 . 13 Industrial wastes - All water borne solids , liquids
or gaseous substances resulting from :industrial, manufacturing or
food proeessilIg operations, or From th1, r.'evelop`ent of a nat-urall
resource, or any mixture of these with water or dome5tic lewd Vie.
1 . 14 Infiltration - Water that hay-, ini.grated from t-he
grot ind into the wastewater sy6%em,.
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1 . 15 Inflow - Water other than wastewater that enters a
sewerage system ( including sewer service connections) from
sources such as, but not limited to, roof leaders, cellar drains,
yard drains, area drains, drains from springs and swampy areas,,
manhole covers , cross connections between storm sewers and
sanitary catch basins , cooling towers, storm waters , surface
runoff. , street_ wash haters or drainage. Inflow does not include,
and is distinguished from, infiltration water.
1 . 16 Liquid Waste - The water- borne solids , liquids ,
and gaseous substances derived from certain sources including,
but not limited to, grease trap, septic tank, chemical toilet
waste and sand trap waste.
1 . 17 Metering and sampling facility - The meter, meter
vault, and all metering and telemetry equ _°)ment requ=ired to
measure and/or sample wastewater flows of the Customer at point
of entry or other such locations, as may be tautually agreed upon
in writing.
1 . 13 Non-domestic account -• Commercial , industrial, ;
multi-family or other accounts that are not considered domestic
accounts . This definition is used only in the context of
determining billing on a per-connection basis .
1 . 19 Non-metered area - Areas within the Customer ' s
corporate or certificated boundaries that generate wastewater
that do not drain into a part of the Customer System for wh"41c'a
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wastewater flow is measured by an approved metering and sampling j
facility.
1 . 20 Point of entry - The metering facility or , where no
metering facility is utilized, the point of connection to the
Fort. Worth System , unless otherwise mutually agreed upon in
writing.
1 . 21 Pretreatment - The reduction of the amount of
pollutants, the elimination of pollutants , or the alteration of
the nature of pollutant properties in wastewatcr to a less
harmful state prior to or Ain lieu of discharging or rtherwise
introducing such pollutants into a Publicly Owned Treatment
Works. The reduction or alteration ca°� be obtained by physical,
chemical or biological processes , or process changes by other
means, except as prohibited by 40 CFR Section 403.6(d) .
1 . 22 Pretreatment requirements -- Pollutant concentration
discharge limitation and reporting requirements stipulated in
Port Worth Ordinance No. 8895 and any amendments thereto, and the
Customer's Code, as hereinafter amended, and Federal Pretreatment
Standards pro,!.ulgated by the U . S . Fnvi. onmental Protection
Agency.
1 . 23 Significant industrial user -- Any indUG try which
discharges industrial wastes di..cectly or indirectly into the Fort
Worth Svstem or Customer System that:
discharges 25,000 gallons per day or more of
industrial wastes;
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is subject to the National Pretreatment S�andards :
Categorical Standards of the U . S . En,iirormental
Protection Agency; or,
has a reasonable potential , i ;. '..-.on of the
Director, to adversely affect the Fort W< _ th System
due to discharge of wastewater with abnormally high
strength or limited and/or prohibited substances.
1 . 24 Standard methods - Those testifIg or analysis
procedures as prescribed in the then current editiun of "Standard
Methods for Examination of Water and Wastewater, " published by
the American Public health Association and/or the U . S .
Environmental Protection Agency Manual of Methodologies for the
Examination of Water and Wastewaters, or as will otherwise comply
with procedures specified in stage and federal discharge permits
held by Fort Worth.
1 . 25 System cost - Operating expenses and capital
related casts incurred by Fort north pursuant to the provision of
wastewater collection and treatment service to the wholesale
class of sewer customers. Such costs are to be collected by Font
Worth as a component of the annual. cost of providing wholesale
wastewater service.
1 . 26 System Access Fee - A capital contribution ( impact
fee, capital recovery fee, system development charge ) which
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represents a proportional capital cost of general benefit capital
facilities capacity, less depreciation , outstanding debt , and a
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appropriate contributions paid to Fort Worth, required to provide
service for new connections , whether located within the
jurisdictional limits of Fort worth or Customer.
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1 . 27 Total Suspended Solids (TSS ) - Solids, measured iii
t mg/1., that either float on the surface of, or are in suspension
in , water, wastewater or other liquids , and which are largely
removable by a laboratory filtration devi,:e. Also referred tc as
Total Non-Filterable Residue.
1 . 28 Wastewater -- All liquid or water--carried waste
products from whatever source derived, together with such ground
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water infi,lt.ration and surface water inflow as may °sae pry:, ait,
whether treated of untrea'-ed , which is into or
pc rmittee to enter into the Fort Wor`-JI System . The wr- rds
"wastewater" and "sewage" are interchangeable.
2. Connection to the Fob f- Wort,) Syste�rt
2.1 Fort Worth hereby grwrits to Customer, upon compliance
with the terms and co,iditions contained herein, permission to
connect its System to the Fc.rt- Worth System.
2.2 Fort Worth agrees to accept all wastewater from Customer
at the point( s ) of entry as designated on Exhibit "A" , attached
hereto and incorporated herein, and at such additional points as
may later be mutually agreed upon in writing signed by both
parties hereto.
2 . 3 The cost of all delivery facilities necessary to convey
wastewater to the designated points of entry, whether shown on
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Exhibit " All or mutualay agreed upon at a later date, together
with the cost of connection of the Customer system to the Fart
Worth system, with the exception of metering and sampling
facilities, sha.11 be borne by Customer. In the event Fort Worth
requests Customer to increase the size of any such delivery
facility, the difference in the cost of the delivery facility as
designed by Customer and the cost of the delivery facility as
requested by Fort Worth shall be at Fort Worth ' s expense and: may
be allocated as a system, cost if so determined in future
cost-of--service studies .
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2. 4 Unless mutually agreed to in writing by Fort Worth and
Customer , Customer shall be responsible for the design ,
contracting , construction and financing of delivery facilities
and acquisition, of any necessary rights-of-way and easements to
and from such facilities . All designs, materials and specifica-
tions shall conform to Fort Worth' s requirements as a minimum.
Plans and specifications for any delivery facility which actually
connects to the Fort Worth System shall be submitted to the
Director 'f'or written approval. Such approval shall not be unrea-
sonably withheld. No construction shall begin until such approval
has been given . Customer agrees that Fort Worth has the right to
make periodic inspection- during the construction phase of the
delivery facilities . Final acceptance of such facility from the
point of connection up to and including the metering and sampling
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May 7, I98=7
facility is subject to the inspection and written approval of the
Director.
2. 5 After the date of this contract, Customer agrees not to
provide service to or contract or subcontract with any new
customer whose need for wastewater service would exceed 500,000
gallons per day without written notice to the Director.
3. Maintenance of Customer System
Customer agrees to maintain its system in good condition and
to make repairs in a timely manner. Fort Worth shall not have any
responsibility or liability now or ever for the operation of the
Customer System, except as agreed to in writing by the parties
hereto.
A. Maintenance of Fort Worth S. ;stem
Dort Worth agrees to maintain its system in good condition
and to make repairs in a timely manner. Customer shall not have
any responsibility or liability now or ever for the operation of
the Fort Worth System, except as otherwise; provided herein.
5. Metering and SamRlinq Facilities
5.1 Beginning on the effective date of this contract, Fort
Worth shall have the exclusive right to use , operate , and
maintain Customer metering and rampling facilities and Fort Werth
shall become solely responsible for the operational and
maintenance responsibilities associated with these facilities .
Customer will continuously provide a route of ingress and egress
to said metering and sampling facilities for Fort Worth. Fort:
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Worth shall have the discretion to construct improvements,
expansions, and replacements to said facilities as a system cost
and at the timing of Fort Worth's needs subject to the review by
Customer of all proposed construction, expansion, and replacement
plans . Customer will also grant and provide to Fort Worth such
permits or easements as are necessary for the continuous
operation and maintenance of all metering and sampling
facilities. All such costs incurred by Fort Worth for operation,
maintenance, construction, expansion, and replacement of Customer
metering and sampling facilities shall be considered system
costs.
5 . 2 Unless otherwise agreed to by both parties in writing,
Fort Worth shall have the option to construct Customer metering
and sampling facilities not currently in existence.. All
construction costs , including , but not limited to , site
acquisition and vreparation, design and engineering, construction
and equipment for such facilities, together with the costs of
necessary easements and rights-of-way, shall be system costs,
including any and all nacessai,, modifications to accommodate a
complete initial installation .satisfactory to Fort Worth. if
Customer constructs new meteri,ig and sampling facilities ,
Customer may either transfer ownership of such newly constructed
facilities , together with all necessary access easements and
rights-of-way to Fort Worth in a form satisfactory to Fort Worth
or may grant to Fort Worth the right of ingress and egress to '
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such facilities , together with the authority to operate and
maintain the facilities as specified in Section 5.1, within sixty
( 60 ) days of such completion. Thereafter, Fort Worth shall
operate and maintain:, the facilities as a system cost and treat
any ownership transfer as a contribution for rate purposes . but
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same shall not be an indicia of equity ownership.
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5.3 Expenses incurred by Fort Worth for the operation and
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maintenance of Customer metering and sampling facilities shall be j
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system costs and shall include, but not necessarily be limited
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to, the following; {
A. Cost of electricity at the facility; 1
B. Cost of the initial installation of the telemetry
service at the facility and to the control center and
cost of monthly lease charge for the telephone line;
C. Cost of calibration;
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D. Cost of parts , materials and supplies required for {
repairs, calibrations and upgrading of the facilities;
E. Labor cost plus fringe benefits and indirect costs for
repairs, calibrations and upgrading r.:f the facilities;
F. Maintenance of :ingress and egress and meter facility
site.
5 . 4 Replacement of facilities deEcribed in this section or
equipment therein occasioned as a result of obsolescence due to
age,excessive maintenance, growth or other reasons as determined
by the Director shall be a system cost. Any replacement facility
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May 7, 1987
or equipment therein shall comply with Fort Worth's standards and
specifications.
5 . 5 . Upon expiration or termination of this agreement by
either party, Fort Worth shall. transfer to Customer ownership of
any property easements, metering and sampling facilities and
rights-of-way conveyed to Fort Worth pursuant to the terms of
this Section 5.
6. Rights--of-Way
Customer shall grant, without charge to Fort Worth, such
easements and rights-of-way along public highways or other
property owned by Customer, as requested by Fort Worth, in order
to construct o• maintain mains or facilities within the corporate
limits of Customer to provide wastewater collection to Customer
and to other areas. Upon. notice from Customer and at Fort Worth
expense, Fort. Worth will move such wastewater mains or facilities
located in such street right-of-way, or other property owned by
Customer when reasonably necessary to the performance of
essential governmental duties by Customer. Fort Worth shall
grant , without charge to Customer , such easements and
rights-of-way along with public highways or other property owned
by Fort Worth, as requested. by Customer , in order to constructs
and maintain wastewater mains or facilities within Fort Worth to
provide wastewater collection to Customer„ Upon notice from Fort
Worth and at Customer ' s expense , Customer- will move such
wastewater mains or facilities when located in such street
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May 7, 1987
rights-of- way or other property owned by Fort Worth when
reasonably necessary :o the performance of essential governmental
duties by Fort North. All work done by or on behalf of Fort
Worth under this paragraph will be performed in accordance with
specifications equal to those applying to work of a similar
nature performed within: Fort Worth, but neither party hereto will
be required to restore the other ' s property to a condition
exceeding its original condition, unless otherwise mutually
agreed in writing. Fort Worth and Customer agree to coordinate
the location of the mains and/or facilities in the other ' s
easements and rights-of-way in order to prevent further conflicts
insofar as reasonably practicable.
7. Meterin and Same ling
7. 1 All flow discharged into the Fort Worth System by
Customer shall be metered, unless specifically agreed to by both
parties in writing . Should both parties agree in writing that
metering is not possible, the agreed upon method for determining
the volume shall include an adjustment for infiltration and
inflow.
7 . 2 If , in the judgment of the Director , the sewage
generated within one or more areas of the Customer cannot be
accurately measured by an approved type of metering station, then
the charge for :unitary sewer service within that drainage area
will be made on a per-connection basis . In such cases, than
volume of sewage for billing purposes will he determined. by
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adding the product derived from multiplying the number of
domestic accounts within the area times 10,500 gallons to the sum
total metered water of all non-domestic accounts within the area.
The total volume so derived each month will be used as the basis
for calculating the total sewer charges due each month for that
drainage area and such charges will be added to any other
charges , if any, based on metered connections . For all such
non-metered areas , Customer will be responsible for providing
data each month on the number of domestic accounts and the
metered water volume of all non-domestic accounts . This data
will be provided by Customer to Fort Worth no 1rter than the '5th
of each calendar month.
7. 3 Customer shall have access to metering and sampling
facilities at all reasonable times ; provided, however, that any
reading, calibration or adjustment to such metering equipment
shall be done by employees or agents of Fort Worth , or other
mutually approved third party calibration agent, in the presence
of representatives of Customer and Fort Worth, if so requested by
Customer . Notification of any proposed tests shall be provided to
the Customer at least seventy-two (72) hours prior to such tests
being conducted.
7. 4 All readings of meters will be entered in ink upon bound
journals maintained by Fort Worth. Customer shall have access to
such records during reasonable business hours and shall be
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May 7, 1987''
furnished with monthly totalizer readings for each point of entry
metering and sampling facility.
7 . 5 Fort Worth shall calibrate and routinely service the
meters no less than once during each six (6) month period. Copies
of the results of such calibration and all related information
shall be provided to Customer . Fort Worth shall notify the
Customer at least seventy-two ( 72) hours in advance cf the date
and time for any calibration and Customer may observe , If so
desired.
7 . 6 Upon any calibration , if it is determined that the
accuracy envelope of such meter is found: to be lower than
ninety-five percent (95t) or higher than one hundred five percent
(105%) expressed as a percentage of the full scale of the meter ,
the registration of the flow as determined by such defective
meter shall be corrected for a period extending back to the time
such inaccuracy began, if such time is ascertainable; or, if such
time is not ascertainable, then for a period extending back
one-half ( 1i2 ) of the time elapsed since the date of the last
calibration, but in no event further back than a period of six
( 6) months.
7. 7 If any meter used to determine volume from Customer is
out of service or out of repair so that the amount of
wastewater metered cannot be ascertained or computed from the
reading t3ereof, the wastewater delivered through the, period such
meter is ont of service or out of repair shall be estimated and
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agreed upon by the parties hereto upon the basis of the best data
available. The basis for estimating such flow includes, but is
not limited to, extrapolation of past patterns of flow for said
metering station under similar conditions. In the event that the
parties hereto cartnot agree on the extrapolated estimate of
wastewater volume delivered, agreement on the flow volume will be
determined by third party arbitration.
7.8 Fort Worth shall periodically determine the quality of
the wastewater at the metering and sampling facilities or other
agreed upon sampling points for the purposes of billing for the
strength of the wastewater . The sampling and testing shall
normally occur at such frequency as determined by the monthly
flow of sewerage:, as outlined in the sampling table below:
Customer Flow5nitoring
(million gallons per month) (times per year)
80 and more 3
Greater than 50 and less than 00 2
50 or less 1
To determine the quality of the wastewater, Fort Worth shall
collect twenty-four (24) hour flow-weighted composite samples for
a period of not less than five ( 5 ) consecutive twenty-four (24)
hour periods. Fort Worth will provide Customer with a minimum of
seven ( 7 ) day advance notification of intent to sample, or such
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notification as is sufficient to allow Customer to arrange the
services of a qualified laboratory.
If, at the request of Customer or at the request of the Director,,
more extensive monitoring is desired, such additional monitoring
shall be paid for by the party making the request and shall be
done in compliance with Section 7 . If Customer requests such
additional monitoring, Fort Worth shall invoice Customer and
payment shall be made within ten ( 10 ) days after receipt of
invoice.
The notification required in this section shall include the
planned dates, times, and location( s ) of sampling. Fort Worth
shall analyze the samples collected in accordance with standard
methods. Customer may be- present during the initial setup of
sampling equipment and at the tune of pickup for each twenty-.four {
(24) hour composite sample. Fort Worth agrees, if requested, to
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split said wastewater samples with Customer.
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7.9 If in the opinion of the Director, compliance monitoring
is required, the Director may order that additional monitoring be
performed with or without prior notice to Customer . Said
compliance monitoring is to be in addition to' the
periodic
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sampling set forth in Section 7.8. All information obtained as a
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result of such compliance monitoring shall be provider. to the
Customer upon request . Fort Worth will provide notice of such
compliance monitoring to Customer within a reasonable time
thereafter.
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7 . 10 If Customer dispute; Fort Worth, results of analys!ss
and the parties hereto cannot settle such dispute, such dispute
will be determined by third party arbitration.
7.11 Costs incurred by Fort Worth under this section will be
considered to be a system cost.
6. Rates- and Chances
8 . 1 wholesale wastewater rates will be based upon cosh-of._
service rate studies performed by independent utility rate
consultants as described herein. The independent utility rate
consultant shall be selected by Director from a list of five
highly qualified firms submitted by the Wastewater System
Advisory Committee. The cost of such studies will be a system
cost. All cost- of-service studies shall be conducted utilizing
the utility cost basis of determining revenue requirements
applicable to the wholesale customer class.
8 . 2 The cost-of- �,ervice for the wholesale class shall
include allocated reasonable and necessary operation and
maintenance expense , depreciation expense and a fair alnd
reasonable return on allocated capital facilities. To -'_atermine
the allocation and distribution of costs to the wholsale
customer class, the independent utili;.y rate consLilta.nt shall
consider at least the following factor:, : total volci ne , mate :.,,t
flow, wastewater quality, metering, and customer-reiated cost
such as accounting, billing, and monitoring . Capital.-r•e)_ atE!6
costs will consist of depreciation expense and return on
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original cost rate base. On a periodic basis as determined by the
Director the depreciation rates on all. general b-;nefit capital
facilities shall be studied, and new salvage values, useful
lives, and annual rates of depreciation shall be developed from
such studies . The rate base shall consist of all allocated
capital facilities , net of depreciation and appropriate
contributions, and shall include construction work in progress, a
reasonable allowance for working capital , and a reasonable
inventory of materials and ,supplies necessary for the efficient
operation of the Fort Worth System . On a periodic basis as
deterwined by the Director , a cash "lead-lag" study shall be
conducted to determine the appropriate level of working capital
at the same time as the abov,. depreciation rate study is done.
Records of the original coast and the a,,cumulated depreciation of
all capital facilities shall be maintained in the Fort Worth
.Fixed .Asset Tracking System. These record, shall be available
for inspection at the Fort Worth Water Department during
reasonable business hours upon request by Customer.
8.3 Fort Worth shall be allowed an adequate opportunity to
earn a reasonable .rate of return. The return shall be sufficient
to assure confidence in the financial soundness of the utility,
shall be adequate to maintain and support its credit , shall
enable it to raise the money necessary for the proper discharge
of its public duties , and shall be equal to the weighted average
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imbedded cost of outstanding debt plus one-and--one-half percent
(1 1/2% ) .
8 . 4 Every three ( 3 ) years , a detailed wholesale revenue
requirement shall be developed on an actual historical cost test
year basis allowing for reasonable and necessary expenses of
providing such wastewater service and allowing for known and
measurable adjustments . Such adjustments should allow for year.
end trending and the spreading of non-recurring expenses over an
appropriate benefit period. The first test year shall be October
1st, 1985, through September 30th, 1987, and tiie first detailed
cost-of-service study shall be performed by an independent
utility rate consultant during the first two ( 2 ) calendar
quarters of 1.989 , based on audited data for the immediate pz.st
fiscal year ended September 30, 1988. On a three ( 3) year cycle'
thereafter, a complete detailed rate study will be performed with
the same methodology used in the previous rate study by an
independent utility rate consultant. Thereafter, changes in the
methodology will be _ llowed if recommended by a majority of the
Wastewater System Advisory Committee, such majority defined by
any combination of Customers contributing a total of more than
fifty percent (50%) of the wholesale sewage flow in the immediate
past fiscal year, and approved by the Fort Worth City Council .
In the interim period between complete detailed rate :studies,
wholesale wastewater rates shall be adjusted by Forc Worth using
the same methodology adopted at the time of the last complete
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detailed rate study, utilizing the actual operating data for the-
twelve month period ending September 30th of the prior year,
adjusted for known and measurable chances in cost data which may
have occurred since the last audited statement.
8 . 5 The initial rates for this contract shall be those
approved by the Tarrant County Mayor's Council on April 27, 1987,`
and adopted by the Fart Worth City Council on May 7, 1987, and
are as follows:
Volume Charge $0. 3374 per 1000 gallons
BOD Strength
Charges $0.0683 per pound of BOD
TSS Strength
Charges $0.0417 per pound of TSS
Monthly Billing
Charges $27.00
8 . 6 Bills for wastewater treatment and disposal service
shall be rendered to wholesale Customers monthly by Fort Worth.
All such bills shall be due and payable by each Customer not more
than thirty ( 30) days from the billing date. The bills will show
current charges, as well as past-due charges, if any. Current
charges shall be the amount due for wastewater collection ,
treatment and disposal service provided since the prior billing
period. Past-due charges shall be the total amount unpaid from
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all prior billings as of the current billing date . Payments
received by fort Worth shall first be applied to the past-due
charges, if any, and thereafter to the current charges.
8.7 If Customer disputes a bill and is unable to resolve the
difference informally, Customer shall notify the Director in
writing. If the Director and Customer are unable to resolve the
disputed bill , agreement on the bill will be determined by third
party arbitration . Dispute of a bill is not grounds _ £ar
non -payment . In the event a payment is not paid as specified in
this agreement, a finance charge of ten percent (10% ) per annum
will be calculated from the date which the payment was required
to be made. In the event the bill established by arbitration is
less than the disputed bill , then the amount found to be
incorrect will. be credited to the Customer ' s account together
with an interest charge of ten percent (10%) per annum calculated
from the date payment of the disputed bill was received.
8.8 The parties agree that the services obtained pursuant to
this contract are essential and necessary to the operation of
Customer ' s waterworks and wastewater systems and Customer
represents and covenants that all payments to be made by it under
this contract shall constitute reasonable and necessary operating
expenses of its combined systems , and all such payments will be
made from the revenues received by Custome- from such systems.
8.9 Customer agrees, throughout the term of this agreement ,
to fix and collect such rates and charges for wastewater service
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May 7, 1987
• to be supplied as will produce revenues in an amount equal. to at
least ( i ) all or operation and maintenance expenses of such
system, including specifically its payments under this agreement
and ( ii) all other ,amounts as required by law and the provisions
of .resolutions authorizing its revenue bonds or other obligations
now or hereafter outstanding, including the amounts required, to
pay all principal of and interest on such bonds and other
obligations.
8 . 10 Customer specifically agrees to adopt and m&inta.in in
effect for the life of this contract resolutions , rules or
regulations providing for a user charge system in full accord
with relevant EPA regulations.
9. Industrial Connection and Monitoring
9.1 Customers agrees that it will not permit any significant
industrial user within its jurisdiction to convect directly or
indirectly either to its system or to the Fort Worth System
without at least thirty (30) days' prior written notification to
the Director of such intent to connect. Customer shall provide
the Director with such information pertaining to volume and
composition of flow as may be requested by the Director.
9 . 2 Customer agrees to conduct any and all monitoring ,
sampling and inspection of Customer System and industrial users
as necessary to insure that industrial waste introduced into the
Customer System meets the quality standards set out in Section
10.2 hereof. Upon request to Customer, a representative of Fort
24
J
d
May 7, 1957
Worth will be permitted to observe Customer' s collection of
samples from industrial users, and Customer agrees to furnish
Fort Worth separate duplicate samples for independent testing,
and, upon request, to provide the Director sample analysis
resialts and pretreatment records.
9.3 Customer agrees that Fort Worth shall have the right to
sample wastewater at all points of entry and such other locations
as may be mutually agreed to in writing by both parties for the
purpose of determining the volume and quality of wastewater
entering the Fort Worth System. Customer agrees to disconnect
from its system any industrial user found to be in violation of
allowable discharges or who refuses access to its facilities for
the purpose of sampling wastewater being discharged into the
Customer System; provided, however , that said disconnected i
industrial user shall be afforded the same rights, privileges of
appeal and deficiency cure periods as are industrial users
operating within Fort Worth's jurisdiction.
9.4 Following notice to the Customer by Fort Worth , Customer
grants to Fort Worth the right to enter Customer's jurisdiction
if Fort Worth determines that questionable discharges or
prohibited discharges are entering the Fort Worth System
emanating from the Customer System. Customer agrees to assist
Fort Worth ih locating and eliminating such prohibited
discharges.
F
{
25
May 7, 1981
a
10. Wastewater uali-
10.1 Customer agrees that on or before thirty (30) days from
date of execution of this contract it shall enact and cause to be
enforced a rule, resolution or regulation enabling Customer to
enforce within its jurisdiction regulations governing industrial
waste that are at least as stringent as the provisions of the
current Fort Worth Ordinance No. 8895 and any necessary and
reasonable amendments thereto, (attached hereto and marked as
Exhibit- '°B" and made a par. hereof for all intents and purposes)
and state and appli^ak-le federal regulations relating to 1 )
discharged substances ; 2 ) prohibited discharges; 3) pretreatment
requirements; 4) industrial discharge permitting system; and 5 )
industrial self-,monitoring retorts . Customer agrees to adopt
such resolutions, rules and regulations as may be necessary for
Customer to enforce ordinances or any amendments to Ordinance No.
8895, or any future ordinances relating to industrial discharges,
prohibited or controlled wastes or pretreatment requirements and
such amendments and future ordinances shall become incorporated
as additional exhibits to this contract; provided, however, Fort
Worth shall provide Customer with a copy of such proposed
ordinances or .amendments at least sixty ( 60 ) days prior to the
presentation of such ordinances or amendments to the Fort Worth
City Council during which time Customer shall have an opportunity
to review same. Customer shall adopt and enforce such proposed
ordinances or amendments no later than the effective cute of the
Fort Worth ordinance or amendment.
26
may 7, 1987
10 . 2 Customer agrees that the quality of the wastewater
discharged into the Customer System shall be equal to or better
than the quality standards established by Fort. Worth Ordinance
No. 8895, or any ameadment adopted pursuant to Section 10.1.
10.3 Customer shall require all significant industrial users
within its jurisdiction that ultimately discharge into the Fort
Worth System to apply for and obtain a permit from Customer
allowing such discharge . Such permit shall require industrial
users to abate pro' ibited substances from their discharge as a
condition to discharging wastewater into the Customer System. The
permit application shall contain, as a minimum, the fallowing:
1. Name and address of discharger;
2. Agent for discharger;
3. Type of industry;
4. Products produced or services rendered; and
5. Chemicals being otored and/or used.
Customer shall provide Fort North a copy of such application and
permit, if issued., within fourteen (14) days after issuance.
* 11. Resale of Wholesale Wastewater Services
11.1 Customer may provide wastewater services to wholesale
customers upon the recommendation of the Wastewater System
Adviso!:y Committee with prior written not is,3 to and consent from
the Director , said consent not to be unreasonably withheld .
Customer shall provide the Director a copy of the proposed
27
May 7. 1957
contract with its wholesale customer as part of Custome'r' s
written notice to the Director.
11 . 2 If Customer provides wastewater services to wholesale
customers, Customer shall require its wholesale customers to
comply with Sections 9 , 10 and 28 of this contract and to enact
and enforce any and all necessary rules , regulations or
resol,,ationsa
12.. Infiltration and Inflow
Customer agrees that it has an obligation to prevent
infiltration and inflow into its System and then into the Fort
Worth System, Customer further agrees that all sewer connections
within its jurisdiction which ultimately eater into the Fort
Worth System will be constructed in accordance with applicable
specifications and standards at least equal to those of the Pori;
Worth Water Department. Further, Customer covenants and agrees to
maintain strict supervision and maintenance of its System to
prevent connections through which surface drainage can enter
ultimately into the Fort Worth System. Customer shall not mate,,
nor shall it permit to be made , any connection which will
contribute storm water run-off from rainwater spouts, rainwater
areas, streets, gutter drain or other source into its sanitary
sewer system.
13. Sludge Disposal
Customer recognizes the importance of utilizing sludge in a.
timely and proper manner. Customer will cooperate with Fort Worth
28
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May 7, 1987
in any environmentally sound sludge utilization program meeting
federal and state standards within the area served by Customer.
F
14, Was'-ehaulers
Customer :agrees to adopt by rule, regulation or resolution
the North Central Texas Council o:1 Government ' s model ordinance ,
or one similar to it , regulating .liquid wastehau.lers within
Customer's service area. At a minimum, its rules, regulation or
resolution shall. require liquid wastehaulers to be permitted and
provide for a manifest system. Further, said rule, regulation or
resolution shall. prohibit; the introduction of liquid waste into
the Customer System, directly or indirectly,
15 . Assistance
15 . 1 In the event:. Customer requests assistance with its
i
System, Fort Worth at its option, assist Customer . Customer j
agrees to pay Fort Worth its actual costs incurred, including,
but not limited to, labor and material expended . Nothing herein
shall be construed to require Fort Worth to assist Customer. Such
costs will be invoiced to Customer and payment made within ten
(10) days after receipt of invoice.
15.2 In the event Fort Worth requests assistance with its
System, Customer may, at its option, assist Fort Worth. fort
Worth agrees to pay Customer its actual costs incurred ,
including , but not limited to, labor and material expended .
Nothing herein si.all be construed to require Customer to assist
29
ML
NEMI� iIIIIIIII MENEM
May 7, 1987
4
Fort Worth. Such costs will be invoiced to Fort Worth and payment
made within ten (10) days after receipt of invoice.
16. Payment ca Finance Charge
The parties hereto agree that the failure to make any
payments within the times provided for herein results in
additional cost to the party to be paid ; therefore , the parties
agree that any payment required herein not made within thirty,
( 30 ) days of the billing date shall be subject to a finance
charge of ten percent ( 10% ) per annum to be calculated from the
date which the payment was required to be made.
17. Reports and Records
if requested by the Director , and/or Customer , the other
party shall provide quarterly the following data;
A. Actual number of customer accounts discharging
directly or indirectly into the Fort Worth System
and/or Customer System within its service area;
B. Classification of domestic and nondomestic accounts
within its service area by number and percentage of
accounts discharging directly or indirectly into the
Fort Worth System and/or Customer System within its
service area.
C. Additional data which may assist Fort Worth and/or
Customer in developinq methodology for cost of service
studies , planning studies for analyzing federal
grants, and system access fees ; provided , however ,
30
i
may 7, 1967
that neither party shall request data that will
require either party to incur unreasonable expenses in
providing such data.
18. Notices
Any notice, communication, request, reply or advice herein
provided or permitted to be given, made or accepted by either
party to the other party must be in writing to:
City of Fort Worth: Water Director
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
Customer: Benbrook Water & Sewer Au'.hority
President of the Board of
Directors
1121 Mercedes
Benbrook, Texas 76126
The parties hereto shall indicate in writing any change that may
occur in such respective addresses from time to time.
19. Inspection and Audit
Complete records and accounts required to be maintained by
each party hereto shall be kept for a period of five (5) years .
Each party shall at all times, upon notice, have the right at
31
May 7, 1987
reasonable times to exetmiae and inspect said records and accounts
during norm& . :?ss hours ; and further, if required by any
law, rule- < .:,ilatiOrk, crake said records and accounts available
to federal an�a/,:, ' state auditors.
20. Consent
20 . 1 whenc;% ,= -, under the terms of this agreement, Fort Worth
is perm.itt,-d t:c: qiv,, .ts written consent or approval, Fo 't Worth,
in its discretion, may give or may refuse such Written con—bent or
approval and, if given, may restrict, limit or condition such'
consent or approval in any manner it shall deem advisable.;
however, consent will not be unreasonably withheld.
21. Waiver Remedy, Severabwli
21 . 1 No waiver by either party hereto of any term or
condition of thi;3 agreement shall be deemed or construed to be a
waiver of any other term or condition or subsequent waiver of the
same term or condition.
21 . 2 in addition to any other remedy as may be provided by
law, this agreement shall be specifically enforceable by the
parties hereto. venue for any action shall be in Tarrant County,,
Texas .
21. 3 It is agreed that, in the event any term or provision
herein contained is held to be invalid by any court of competent
jurisdiction, the invalidity of such term or provision shall in
no way affect any other term or provision contained herein ;
C
1
i
32
" May 7, 1987
further , this agreement shall then continue as if such invalid
term or provision had not been contained herein.
22. Ownership and Liability
22.1 No provision of this agreement shall be construed to
create any rvpe of joint or equity ownership of any property,_ any
partnership or joint venture, nor shall same create any other
rights or liabilities and Customer payments (whether past,
present, or future) will not be construed as granting Customer
partial ownership of, pre-:paid capacity in, or equity in the Fort.
Worth System.
22 . 2 Liability for damages arising out of the
transportati,;n, delivery, reception, treatment , and/or disposal
of all wastewater discharged into the Fort Worth System shall
remain in the Customer, together with title thereto, until such
wastewater passes through the point of connection to the Fort
Worth System, at which time liability for such damage shall pass
to Fort Worth, save and except that title to any prohibited
discharge and any liability therefor shall not pass to Fort
Worth unless such pLohibited discharge originated in the Fort
Worth System. Further , the parties hereto agree to indemnify,
save and hold the other party harmless from any and all claims,
demands, causes of action, damages , losses , costs , fines and
expenses , including reasonable attorney' s fees, that may be
s
asser. .ed by anyone at any time on account of the transportation,
delivery, reception, treatment and/o: disposal while title to the
T
33
may 7, 1987:
wastewater is in such party . If such liability for damages is
not attributable to a specific customer or Fort Worth , such
liability becoire--;-, a Fort Worth expense
22.3 Contracts made and entered into by either CustomL-r or
Fort Worth for the construction, reconstruction or repair of any
delivery facility shall include the requirements that the
independent contractor ( s ) must provide zdequi�te insurance
protecting both the Customer and Fort Worth as insured . Such
contract must also provide that the independent contractz>r( a)
covenant to indemnify, hole harmless and defend both the Customer
and Fort Worth against any and all suits or claims for damages of
any nature arising out of the performance of such contract.
23. Compliance with Permit Conditions
Customer acknowledges that Fort Worth is the holder of
discharge permits issued by the United States and the State of
Texas. Customer agrees that it will comply with all permit
conditions in any way relating to the collection system and the
discharge into the collection system. Customer agrees , that in
the event a fine is assessed against Fort North for any violation
i
of any permit condition, and the violation is zttributable to any
act of omission or commission by Customer , to indemnify Fort
Worth and poy to Fort Worth the a,,:ount of such fine . if such
fine is not attributable to a specific customer , suet-, fin:
becomes a Fort north expense.
34
May 7,, 1987
24. Life of Contract
The life of this contract shall be thirty (.30 ) years from
the date of its execution and thereafter shall be subject to
renegotiation between the parties hereto.
25. Force -I!1, e1are
No party hereto shall be considered to be in default in the
performance of any of the obligations hereunder ( other than
obligations of either party to pay costs and expenses) if such
failure of performance shall be due to an uncontrollable force
beyond the control of the parties, including but not 'limited to,
the failure of facilities, flood, earthquake, tornado, storm,
fire , lightning , epidemic, war , riot , civil disturbance or
disc'3edience, labor dispute and action or non-action by a failure
to obtain the i,ecessary authorizations and approvals from any
governmental agency or authority or the electorate, labor or
material shortage, sabotage, or restraint by a court order or
public authority, w':ich by the exerciisa of due diligence r:nd
i
kfore3ig4t such party could not have reasonably been expected 'o
avoid and which by exercise of due diligence it shall be unable
to overcome . Either party rendered unable to fulfill any
obligation by reason of an uncontrollable force shall exercise
clue diligence to remove such ina hility with all reasonable
{ dispatch.
in the event the proper operation of the Fort Worth System,
as a result of the above, requires fort north to temporarily
interrupt all or part of the services tj Customer, no claims for
35
May 7, 1987
damage shall be made by Customer against Tort Worth. Fort Wortr
will exercise its best efforts to insare that such i. 3terruptions
will not adversely affect the health and welfare of Customer's;
residents.
26. Te -mi.nation
This agreement may be terminated in whale or in part by the
mutual. consent of C,-,atonter and Fort. North . Notwithstanding
anything contained herein to the contrary, any r.taterial breach by
either party hereto to perform any of the duties or the
obligations assumed by such party hereunder or to faithfully keep
and perform any of the terms, conditions and provisions hereof
shall be cause for termination of this agreement by Fort Werth in
the manner set forth in this paragraph. Fort WortA shall deliver
to Customer ninety ( 90 ) days prior written notice of its
intention to so terminate this agreement if Customer fail;: to
cure or adjust such material breach, including in such notice a
reasonable description of the breach. if within said ninety ( qO)
days Customer shall fail or refuse to cure such default to the
satisfaction of Fort. Wort}s, then and in such event , Fort Worth
shall have the right with six months advance written additional
notice to Customer and wit;►out any liability whatsoever on the
part of Fort Worth to declare this a.griae;aent terminated. In the
event of termination of this agreement, all rights , pi we.rs , and
privileges of customer hereunder shall cease and terminate and
Customer shall make no claim of any kind whatsoever' against. P(-
36
� cotN ,r � qFq
' f
May ;7, 1987
F
Worth , its agents- or representatives , by reason of 'such
termination or any act incident thereto, provided Fort Worth
acted reasonably and such termination was not unreasonable,
arbitrary and c&pr,icious, . Fort Worth shall advise Customer in
wkit%ng Lmariediately upon acceptance of the cure o: ' any default.
The following breach, default or, failure to perform :a duty
or obligation shall be considered to be a material breach.- k
a. Failure to adopt- and enforce an,y` rule, regulat?.on or
resolution required to be adopted and enforced herein',
b. Failure to make any payment c:" any bill, charge or fee
as provided for in this agreen,k,,=1r;
f
C. Making any connection to rte �;cr Worth syotem ';at
point except as provided ,in Section 2,2 hereof;
d. Failure to provide Fort Worth itr..rss and egress for
purposes of sampling and operation and maintenance of
any metering or any sampling facil:i�y,
e. Failure to provide Fort Worth rights-of-way as
required herein;
f. Failure to permit any sampling of wastewater as
provided for herein;
g. Failure to disconnect industrial users of Customer
pursuant to Section 9. 3;
37
' may 7, 19$7
h. Failure to maintain the quality of discharge as
required in Sections 11 .2 and 10.3 ;
i . Failure of Customer to comply with Section 11 .. 2
hereof
j. Failure of Customer to comply with Section 23 hereof`.
In the event of any other nonmaterial breach, default or
failure to perform duties under this agreement, Fort Worth shall
deliver to Customer sixty ( 60) days advance written notice of
such default. If Customer fails to cure such breach, default or
failure , then fort Worth shall give Customer written nocir.e of
such failure to cure and may surcharge Customer Five Thousand
Dollars ($5 , 000 ) per month until such time as Customer cures such
nonmaterial default.
Any failure by Fort Wo- Lh to so terminate this aqr �erne.,iL. or
the acceptance by Fort Worth of any benefits under this agreement
for any period of time after such material breach, default, or
failure by Customer shall not be determined to '-)e a waivr.r by
Fort Worth of any rights to terminate this agreement for any
subsequent material breach, default, or failure.
Any failure by Customer to so terminate this agrecmer,': cr
the accepta ° e by Customer of any b�—.ief.i ,.F ':h '• , Y
for c,i;y period of time after such b-ea ;, , default or by
Fort Worth shall not oe detn--. ed to b,� a waiver by Cu�comei° of
38
` May 7, 1987
any rights to terminate this agreement for any subsequent
material breach, default or failure.
27. Regional Wastewater Authority
In the event Fort Worth is designated as a regional
wastewater authority or agency by ad duly authorized regulatory
body, or if Fort Worth should elect to contract with or assign
this contract to a regional wastewater authority to provide all
or part of the services covered by this agreement, the pa<tzes
hereto agree that any such regional wastewater authority may, by
way of assignment of this agreement, assume the same obligations
and receive the same benefits as Fort Worth. CustomQr hereby
grants to Fort Worth the specific right to assign this agreement
subject to the provisions of this section.
28. System Access Fees
28 . 1 Customer agrees to pay to Fort, Worth on a quarterly
basis a charge for each new or enlarged connection for wastewater
service made within Customer ' s jurisdiction served by the Fart
Worth system, with the first payment being due on October 31 ,
1987 to include charges incurred through September 30, 1987. The
charge to Customer for such connections shall be based upon the
size and type of connection and shall be eq,,-al to the charge
imposed for the same size and/or type of connection made within
the jurisdiction. of. Fort Worth. The charge for each size and/or
type of new connection shall be equal to those as cont4 fined in
39
May 7, 1987
Fort Worth Ordinance No. 9853, Wastewater System Facility Access
Fees, or any amendment thereto.
28 . 2 Fort Worth agrees that all monies remitted to it
pursuant to this section will be placed in a separate account to
be used exclusively for treatment plant and meter and sampling
system general benefit improvements , and will nc.- be used for
operation and maintenance expenses or collection system
improvements. Such funds and all interest earned thereon will be
considered a "contribution" for rate setting purposes only.
28. 3 Customer shall provide to Fort Worth such information
that relates to the making of new and/or enlarged connections
within its jurisdiction as may be requested by the Director ,
including but not limited to building permits , with each
quarterly payment required in this section.
28.4 Fort Worth will cause to be deposited into the proper
revenue account the appropriate charge as provided for in Fort
Worth Ordinance No. 9853, or any amendment thereto or any future
ordinance for each new or enlarged connection for wastewater
service made within Fort Worth's jurisdiction.
28. 5 There is hereby created and established a Wastewater
System Access Fee Advisory Committee whose purpose shall be to
consult with and advise Fort Worth, through the wastewater System
Advisory Committee, on matters pertaining to the methodology of
calculating access fees and amendments to Fort Worth Ordinance ho.
9853 . Said Committee. shall be composed of nine ( 9 ) members,
40
�F
May , 1987
three ( 3 ) of which shall be members of , and appointed by, the
Fort Worth City Council. The remaining six ( 6 ) members shall be
members of the City Council of Customers and shall be appointed
by the Tarrant County Mayor ' s Council.. The Chairman of said
committee shall be a Fort ;orth member elected by the membership
of the committee at its first , annual called meeting . All
committee members shall serve terms of one year but may be
reappointed by the appropriate bodies for subsequent terms, On
an annual basis beginning with the first meeting of the calendar
year the committee shall coneider adjustments to the access fee
amounts and the administration of such charges and make
recommendations , through the Wastewater System Advisory
Committee , for amendments or adjustments to Fort Worth City
Ordinance No. 9853.
29. Wastewater System Advisory Committee
Customer ' s governing body shall annually appoint a
representative to be a voting member of the Wastewater Advisory
Committee which Committee is hereby created and established and
whose purpose shall be to consult with and advise Fort north,
through the Director , on matters pertaining to planning ,
improvements, grants , rate studies, budgets, administration, and
additional wholesale customers , whether same be wholesale
customers of Customer or Fort Worth. Said Committee , at its
first meeting , shall elect a Chairmai. , Vice-Chairman and
Secretary . The Committee may establish bylaws governing the
41.
4
May 7, 1987
election of officers , meeting dates and other matters pertinent
to its functioning.
30. Effective Date
This contract, together with all terms and conditions _arid
covenants, shall be effective June 1, 1987.
31. Miscellaneous
31 . 1 This agreement terminates and supersedes that certain
contract( s) known as City of Fort Worth City Secretary Contract'
No. 6036, 7870, 9054, and 13396.
31 . 2 This agreement is subject to all applicable federal and
state laws and any applicable permits, ordinances, or amendments
adopted pursuant to Section 10.1 rules, orders and regulations of
any state or federal governmental. authority having or asserting`
jurisdiction, but nothing contained herein, shall be construed ,as
a waiver of any right to question or contest any such lava,
ordinance , order , rule c -egulation in any forum having'
jurisdiction.
31 . 3 The Customer agrees to abide by any changes in this
agreement made necessary by any amendment or revision to state or
Aeral recd ulations.
31 . 4 Upon prior notice by Fort Worth, any duly authorized
employee of Fort Worth bearing proper credentials and
identification shall notify Customer of need for access ,:o any
premises located within Customer ' s city limits or served by
Customer as may be necessary for the purpose of inspections and
observation, measurement, sampling and testing and/or auditing ,
42
v
May 7, 1987
in accordance with the pr:ov.isions of this contract. Customer mazy
elect to accompany the Fort Werth representative. To the extent:
permitted by law, Fort Worth agrees to indemnify Customer for any
damage or injury to person or property caused by the negligence
of such duly authorized employee while such employee is in the
course and scope of his employment.
31.5 In each instance herein where reference is made to a
federal or state regulation, it is the intention of the parties
that, at any given time, the current federal or state regulation
shall apply . If a publication or reference work referred to
herein is discontinued or ceases to be the generally accepted
work in its field, or if conditions change, or new methods or
processes are implemented by Fort Worth, new standards shall be
adopted which are in compliance with-, stare and federal laws and
any valid rules and regulations pursuant, thereto.
31 . 6 Fort Worth must comply with all federal , state arid
local government requirements to obtain grants and assistance for
system resign, system construction and studies . Customer agrees
to assist Fort Worth in compliance by setting adequate rates,
establishing proper user charges and complying with governmental
requirements.
31 . 7 Section headings in this agreement are for convenience
only and do not purport to accurately or completely describe the
contents of any section. Such headings are not to be construed as
43
s•
May 7, 1987
b
a part of this agreement or any way defining , Timiting or
amplifying the provisions hereof.
31.8 Whenever any disputed matter herein is to be specifically
determined by the use of an arbitrator , the following procedure
is to be followed . The party requesting that the dispute be
settled by arbitration shall serve on the other party a request
in writing that such matter be handled by arbitration. Customer
and Director shall mutually agree in writing on the selection of
an impartial arbitrator. Such agreement shall be made within ten
( 10 ) days from the date that the request for arbitration is
received. If an agreement is not reached on the selection of the
impartial arbitrator on or before the tenth (10-ch) day after the
date that notice is received, the Director, shall immediately
request a list of seven qualified neutral arbitrators from the
American Arbitration Association of the Federal Mediation and
Conciliation Service , or their successor in ;unction . the
Customer. and Director may mutually agree on one of the seven
arbitrators on the list . If they do not agree within, five (5)
working days after the receipt of the list, Customer and Director
shall alternate striking a name from the lis°:. and the name
remaining shall be the impartial arbitrator . Customer ,ard
Director shall mutually agree on a date for the arbitration
hearing . The decision of the arbitrator shall be final , and
judgment may be entered upon it in accordance with applicable law
in any court having jurisdiction thereof. .,
44 5
4
y�
4
It
n.
�. May 7, 1987
31 . 9 Customer agrees to continue serving Fort Worth retail
customers currently served. When mutually agreed capon by both
parties , Customer may serve additional port Worth retail
customers. When such a mutual arrangement exists, the billing
procedure and rate will be mutually agreed upon.
31 , 10 Pursuant to Fort Worth City Secretary Contrect No.
6036, parities hereto recognize that Customer made a financial
contribution in 1975 in the amounts of $47 ,552 .80 to assist Fort
Worth in the construction of the Village Creek Collector. As
repayment of this financial contribution, Fort Worth agrees to
pay to Customer $ 40 , 705 . 20 , said sum representing the
contribution made by Customer net of accumulated depreciation.
Payment shall be made to Customer within 60 days from the
execution of this Agreement. The parties further recognize that
the Village Cr,:ek Collector is a part of the Fort North system
and Fort Worth has the responsibility to operate and maintain
same and Customer hereby grants to Fort Werth the right of
inSress and egress for the purpose of operation and maintenance
in the event any part or the Village Creek Collector is within
the jurisdiction of Customer.
F
45
NMI
May 7, 1967
IN WITNESS WHEREOF , the parties hereto have caused this
agreement to be executed by their respective officers thereunto
duly authorized.
'? CITY OF FORT WORTH
AI'TE �., �,;�1' ,� �
' By:
City Secretary Ci4 Manager
APPROVED AS TO FORM AND LEGALITY:
•s,___-1
Date.-
City Attorney
AT S / BEHBROOK ATER & SEWER AUTHORITY
w, B
Secretary of the Board Pres nt of e Board of
Directors
APPROVED AS TO FORM AND LEGALITY:
Date: e
General Council
t
Contract Authorization
F
",7
Date —
46
Uity of Fort Worth, 6a exas
Mayor and Council Con-tinunication.
DATE � REFERENCE �i SUBJECT: �PAGE
NUMBER KEW WHOLESALE �
4-7-87 C-10266 WASTEWA'T'ER CONTRACTS I i of _3-
Recommendation
It is recommended that the City Council authorize the City Manager to execute new
wholesale sewer contracts with each of twenty-three (23) individual wholesale sewer
customers on the basis of the uniform contract for wholesale sewer service attached hereto
and special exceptions explained herein.
Background
Over the past three years, the City of Fort Worth has been involved actively in developing-
a uniform service contract for the provision of wholesale sewer service to other local
governmental entities within its service area. The objective of developing a new contract
has been to replace the existing sewer contracts with a. new uniform contractual agreemen
that puts all participating customers on equal footing in terms of rates, billing procedures,
sampling methods, etc.
By means of intensive negotiations between Fort Worth and the wholesale customers during
March and April, an acceptable uniform contract for wholesale sewer services has been
agreed upon. The Tarrant County Mayors` Council voted on Monday, April 27, 1987, to
accept and approve the uniform contractual document. The following customers will
be offered these new contracts:
1. Arlington 13. Pantego
2. Benbrook Water & Sewer Authority 14. Richland ?sills
3. Burleson 15. River Oaks "
4. Crowley 16. Saginaw
5. Edgecliff Village 17. Saginaw Park Utility Company
6. F.verman (Blue Mound)
7. Forest Hill 18. Sansom Park
8. Haltom City 19. Tarrant County M.U.D. No. 1
9. Hurst 20. Trinity River Authority
10. Kennedaie 21. Westover Hills
11. Lake Worth 22. Westworth Village
12. N. Richland Hills 23. White Settlement
It now remains for Fort Worth and the participating wholesale customers to officially
execute new contracts. The first step in this process is for the City Council to approve
the uniform contract that is the product of the negotiations.
Once the uniform contract is approved, however, it still will require unique modifications
for several of the wholesale customers before the respective contracts can be executed
officially. These modifications, or special exceptions, are required to recognize certain
legal differences between the Customers and to acknowledge any special agreements
that may be required between Fort Worth and its customers. For example, nine (9)
wholesale customers will have their respective contributions "bought ba^k" by Fort 1lcrth.,
this will require special contract language. A summary of the various exceptions to the,
uniform contract is detailed helow:
j
DATE REFERENCE SUBJECT`- PAGE
NUMBER NEW WHOLESALE
WASTEWATER CONTRACTS 2 e�
4-7-87 6-10266 � =-- -- --
Special Condition Wholesale Customer Affected
1. The uniform contract can be used
unchanged. Kennedale
Pantego
Richland Hills
Sansom Park`
Westworth Village
2. The price and terms for the contribution Arlington
buy-back arrangement must be specified. Benbrook Water & Sewer Authority
Burleson
Crowley
Haltom City
Hurst
Hake Worth
North Richland Hills
Saginaw
Tarrant County M.U.D. No. 1
3. Contract must recognize-that Customer Benbrook Water & Sewer Authority
cannot pass ordinances, or grant easeinents, Sa6ifiaw Pat-,k Utility- Comnpany
but must nevertheless insure that (Blue Mound)
Customer can abide by all terms of Tarrant County M.U.D.,No. 1
the contract within its service area. Trinity River Authority`
4. Certair sections of previous contracts Arlington
other th&n the original wholesale contract Burleson
must remain in force. Crowley
Edge:cliff Village
Forest Hill
Saginaw
Trinity River Authority`
White Settlement i
5. Agreement must be a "three party" Saginaw Park Utility Company
contract between Fort Worth, private utility (Blue Mound)
(Customer) and city served by the private
utility,
6. Contract must allow for situations where Arlington
Customer may be required to serve Benbrook Water 8_ Sewer Authority
Fort Worth customers, and must Burleson
specify any special billing credit/ Everman
debit a~rargements. Forest Hill
Lake Worth
River Oaks
Trinity River Authority
DATE REFERENCE 9U1liECT �7tp WHOLESALE PAGE.
NUMBER NEW
4-7-87 C-10266 WASTEWATER CONTRACTS .-3 -'E.,-4L
Special Condition Wholesale Customer Affected
7. Contract must require Fort Worth to Tarrant County MUD loo. I
inspect all new lines constructed by
Customer and Fort Worth must insure that
lines are sized to serve entire drainage area.
8. Contract must specify whether Fort Worth Westover Hills
or Customer has responsibility to operate
and. maintain Customer system.
The twenty--three (23) wholesale sewer contracts are drafted according to the approved
uniform contract and these various exceptions. After approval of this lVI&C, the final
contracts incorporating the uniform agreement and any exceptions will be sent to each
participating wholesale customer.
The deadline for executing the contract will be the same as the effective date of the
contract, June 1, 1987. In a transmittal letter from the Mayor, each customer wK.. be
requested to return signed contracts to Fort Worth no later than June 1, 1987.`
The first billing for volume and strength charges under the new contract will be on July
1, 1987. The first accrued system access fee payment from each participating customer
will be due on October 31, 1967, for all new or enlarged sewer connections added between
June 1st and September 30th, 1987
RAMshl
SUBMITTED FOR r"i•IE l �•_ _•!D B
CiTt MANAGER'S DISPOSn,ON BY COU+vC�:. — PROCESSED By
OFFICE B�
�PPRnvFO
I OPHEA rCESCRIBF.
iJ�i GtNAT ING I
CIEPARTME NT HEAD Richard Sawey CITY 5ECRCIAR';
FOR ADDITIONAL INFORMATION --^- - -�
CONTAC71 R. Sawey 8202 � °Are g
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