HomeMy WebLinkAboutContract 27266 CITY SECRETARY
'ONTRACT NO.
THE STATE OFTEXAS 0
O INTERIM WASTEWATER TRANSPORTATION
COUNTY opTAmRANT § |wTERLocxL AGREEMENT
This Interim Wastewater Transportation Interlocal Agreement("Agreemenf') is
made and entered into by and between the CITY OF FORT WORTH,TEXAS ("City"), a
municipal corporation located in Tarrant and Denton Counties, Texas, acting under the
laws of the State of Texas, and acting under its Home Rule Charter, and the TRINITY
RIVER AUTHORITY OF TEXAS("Authority"), a conservation and reclamation district
and political subdivision of the State ofTexas. The City and Authority acknowledge that
this Agreement is made and entered into subject to the terms, covenants and conditions
of the Interim Wastewater Transportation | d |Agreement between the Authority
and the City of Arlington,Texas ('�4dington^) hereinafter called"the
Arlington|niedoma|Agreoment') That certain wastewater service contract entered into
between the City and the Authority, dated February 20. 1370 and anamended
(hereinafter"Wholesale Wastewater Service Contract"), is incorporated into this
Agreement by reference asif quoted herein and for all purposes,
RECITALS
City desires an interim method to assist with the diversion, transportation and
treatment ofa portion oy wastewater flows from its Village Creek Collector. City desires
to bypass a portion of its wastewater flows into Arlington's Rush Creek Interceptor and
through Arlington's Authority diversion line(hereinafter called"Arlington's Interceptor
System")to Arlington's Point of Entry into Authority's Central Regional Wastewater
System (^CRVVGl.
The City presently owns, operates, and maintains its combined waterworks and
sanitary sewer system and on the 28th day cf February, 137O.the City entered into o
Wholesale Wastewater Service Contract with Authority to discharge wastewater into the
CRYV5 The City has proposed bu construct pipelines and collection system facilities Vo
transport wastewater flow from areas in the Fort Worth Village Creek drainage area to
the City's Village Creek Wastewater Treatment Plant and disconnect the City bypass
pipelines and remove wastewater flow to Arlington's Interceptor System which connects
with the Authority's West Fork Interceptor at an existing Arlington Point of Entry to the
CRVVS.
Authority desires to establish a Temporary Point of Entry for the City to discharge
wastewater from the City's Village Creek Collector through Arlington's Interceptor
System at a maximum rate mf flow commensurate with the amount of limiting surplus
downstream capacity, as determined by Authority and Arlington management for a time
period ending 6O months from the final execution cf this Agreement,
The City hereby agrees to maintain all facilities necessary 10 convey its
wastewater to Arlington's Interceptor System, and pay the Authority an established
transportation cost of service to reach the Temporary Point of Entry and its proportionate
share of the CRVVS Annual Requirement,
AGREEMENT
For and in consideration o[the mutual promises, covenants, obligations, and
benefits described in this Agreement, City and Authority agree msfol/mmmi
Y
^
DEFINITION OF TERMS
The following terms and expressions used in this Agreement, unless the context clearly
shows otherwise, shall have the following meanings:
(a) "Adjusted Annual Payment"means the Annual Payment,as adjusted due to
service to Contracting Parties and/or as required during or after each Fiscal Year.
(b) "Annual Payment"means the amount of money to be paid to Authority by City as
its proportionate share of the Annual Requirement.
(c) "Annual Requirement"means the total amount of money required for Authority to
pay the Transportation Charges herein, all Operation and Maintenance Expense
of the CRVVS and 0o pay the debt service on its Bonds and Outstanding Bonds,
and to pay any amount required tobe deposited in any special or reserve funds
required bzbe established and/or maintained by the provisions of the Bond
Resolution, and in resolutions authorizing Outstanding Bonds.
(d) "Arlington Interceptor System"means the City of Arlington's Rush Creek
Interceptor and Arlington's Authority diversion line,
(e) "B.O.D."(denoting Biochemical Oxygen Demand)means the quantity of oxygen
utilized in the biochemical oxidation of organic matter under standard laboratory
procedure in five days at20 degrees C. expressed in milligrams per liter.
(f) ''City^means the City of Fort Worth, in Tarrant County,Texas.
(g) "Infiltration Water'means water that leaks or otherwise enters into a sanitary
sewer pipeline.
(h) ^M6[rison abbreviation for"one million gallons cf water per day^. and
represents a rate of delivery during any particular period of time which if
extended for a twenty-four(24) hour period would result in a total quantity of
exactly one million gallons (1.00O.00m. For expression oy any given day,the
twenty-four(24)hour period ia assumed bz begin ot twelve o'clock midnight
(12:OOem)and extend through eleven fifty-nine(11�59p.m)/f the same
calendar day.
(i) "Ordinary Operation and Maintenance Expenses"means all recurring costs and
expenses of the CRWS, including operating personnel, the cost of utilities,
supervision, engineering, accounting,auditing, legal services, supplies, services,
administration of the CRWS, including general overhead expenses attributable to
the CRWS, insurance premiums,equipment necessary for proper operation and
maintenance of the CRVVS`and payments made by the Authority insatisfaction
/f judgments resulting from claims not covered by the Authority's insurance
arising in connection with the operation and maintenance of the CRWS. The term
does not include depreciation,
V)
"Extraordinary Maintenance or Repair Expenses"means non-recurring expenses
and repairs for which action has been initiated by the Authority on behalf of the
City and for which funds may not have been provided in the Annual Budget.
(k) "Temporary Point of Entry"is a point of entry as defined by the Wholesale
Wastewater Services Contract, subject, however,to the following,
a the rate of flow limitations herein contained: and
b. the terms and conditions contained herein.
(|) ~T,SS.~(denoting Total Suspended Solids) means solids that float onthe
surface or are in suspension in water,sewage, or other liquids, and which are
expressed in milligrams per liter.
(m)"Wastewater" means sewage, industrial waste, municipal waste, recreational
waste and agricultural waste,ss defined in the Texas Water Code, together with
properly shredded garbage and such Infiltration Water that may bopresent.
(n) "Wholesale Wastewater Services Contract'shall mean the contract between the
City and Authority dated February 26, 1970, and is hereinafter referred as
SECTION 1. CONDITIONS PRECEDENT
1.01 CITY'S AGREEMENT. |n return for on interim diversion and treatment ofa
portion of wastewater flows that originate within the City's Village Creek drainage area,
the City agrees to maintain pipelines and metering facilities from that portion of City's
collection system connecting to Arlington's Interceptor System.The said facilities are
shown in Exhibit A.attached hereto and incorporated herein. The City agrees Vo pay a
transportation charge for Arlington's operation and maintenance of Arlington's
Interceptor System that connects with the Authority's West Fork Interceptor.
1.02 PRIOR AGREEMENT. This Agreement is entered into pursuant 0othe
VVVVSC. The rights and obligations of the Authority and City under this Agreement shall
be subject to and be interpreted consistent with,the terms and conditions of the WWC,
such contract being incorporated into this Agreement.
1.03 TEMPORARY DISCHARGE. City agrees hx abide by the schedule, set
out herein,for the temporary discharge of all City flows from Arlington's Interceptor
System to the City's Temporary Point of Entry into CRWS. The Authority agrees to
accept at the Temporary Point of Entry, eligible wastewater from the interim diversion
facility subject to:
(aj the terms of the WW��� and
(b) the terms and conditions contained herein, including, but not limited tnthe
rate o[flow limitations and the payments tobo made under this
Agreement.
Failure on the City's part to meet any of the following scheduled deadlines will result in
automatic termination uf this Agreement. City agrees that the automatic termination of
this Agreement will necessitate the immediate cessation of City's wastewater flows into
Arlington's Interceptor System.
1.03.01 PHASE 1. Within eighteen (18)months from the date uf execution of
this Agreement, City shall notify Authority in writing cf the City's final decision onthe
alternative that will accomplish the ultimate objective of removing City's wastewater
flows from Arlington's and the Authority's systems.
1.03.02 PHASE If. Within thirty-six(80)months from the date uf execution of
this Agreement, City shall notify Authority in writing that it has completed the installation
of the interim temporary solution for removing the City's wastewater flows from the
Authority's CRVVS.
1.0103 PHASE 111. Within sixty(60)months from the date of execution ofthis
Agreement, City shall notify Authority in writing that it has completed the installation of
3
the permanent solution for removing the City's wastewater flows from Arlington's and the
Authority's systems.
1.04 ENFORCEABILITY. The enforceability cf this Agreement is contingent upon the
binding Interlocal Agreement between the Authority and the City under which Authority
agrees hn receive and treat wastewater from City and the Arlington's |nbadmca|
Agreement between Authority and Arlington under which Arlington agrees to transport
City's wastewater through Arlington's Interceptor System to the Authority's West Fork
Interceptor at a maximum rate of flow commensurate with the amount of limiting surplus
downstream capacity starting February 15.20O1,
1.05 COMPLIANCE. The City agrees that this Agreement is subject 1othe
terms, duties and obligations of the WWSC, and will assist the Authority in its reasonable
efforts bz comply with said contract, The City shall never have the right todemand
performance of a duty or obligation under this Agreement,which is at variance from the
WVSC.
SECTION U. TERM.
2.01 TERM. This Agreement shall be effective on the final execution date o[
this Agreement, and shall continue in effect for 60 months, unless the Authority and City
jointly desire to terminate this Agreement before the expiration date, or the WWSC is
terminated pursuant tn its terms,
SECTION Ill. METERS AND MEASUREMENT.
3.01 METERING. City, at its sole expense, agrees koprovide, install, maintain and
monitor the necessary equipment and devices of standard type for measuring all City
wastewater discharged under this Agreement. Such equipment and devices(may be
hereinafter referred to as"Metering Facilities")and the right-of-way associated therewith
shall conform to Authority's approved design and construction criteria and the Plans and
Specifications therefore shall be approved in writing by Authority in advance of
construction or modification to said Metering Facilities such approval not to be
unreasonable withheld. All readings of meters will bo entered upon proper books nf
record maintained by the City. Upon request,Authority and Arlington shall have access
ho Metering Facilities'equipment,devices and record books. City shall submit monthly
flow data hz the Authority and Arlington bythe 1(/^of the month following the data's
collection.
3.02 DIVISION OF FLOW. Authority shall assume the responsibility for
deleting the metered volume of City flow from Arlington's downstream accumulative flow
measurement to the CRWS,and adding it into the billing methodology to the City, as a
City contribution 0othe CRVVS beginning February 15.20B1
3.03 CALIBRATION AND MAINTENANCE OF METERS. Not less than three
times in each year of operation, City shall calibrate its meters. If either Authority or
Arlington so requests in writing, such calibration shall be made in the presence of the
representative of the requestor,and the parties shall jointly observe any adjustments
which are made ho the meters in case any adjustment is found tubenecessary, If,for
any reason, any meters are out of service or out for repair, or if,upon any test,the
percentage of inaccuracy of any meter is found to be in excess of five per cent(5%),
4
registration thereof shall be corrected for a period of time extending back to the time
when such inaccuracy began, if such time b ascertainable, and if such time isnot
ascertainable, then for a period extending back one-half(1/2)of the time elapsed since
the date of the last calibration, but in no event further back than a period of six(6)
months. Repair and replacement of the meters shall be the responsibility of the City.
Such meters and other equipment shall remain the property uf the City.
3.04 CHECK METERS. Either Authority or Arlington may, s¢its option and its own
expense, install and operate a check meter to check each meter installed by the City, but
the measurement for the purpose of this Agreement shall be solely by the City's meters,
except in the cases herein below in this Section specifically provided to the contrary. AN
such check meters shall be of standard make and shall be subject at all reasonable
times to inspection and examination by any employee or agent mf the City, but the
reading, calibration,and adjustment thereof shall be made only by the Authority and
Arlington,except during any period when a check meter may be used under specific
written consent by the City for measuring the amount of wastewater delivered into
Arlington's Interceptor System, in which case the reading, calibration, and adjustment
thereof shall be made by the City with like effect as if such check meter or meters had
been furnished or installed by the City.
3.05 UNIT OF MEASUREMENT. The unit of measurement for wastewater delivered
hereunder shall be1.000 gallons, US. Standard Liquid Measure.
SECTION IV.
4.01 TEMPORARY POINT OFENTRY. |n consideration of the payments 0zbe
made under this Agreement, the Authority agrees to establish a Temporary Point of
Entry to the Authority's West Fork Interceptor, as more particularly shown on Exhibit B,
attached hereto and incorporated herein. |t shall b*the sole responsibility of the City,
including any liability incurred in connection therewith,to convey such wastewater into
theCRYVS.
4.02 QUALITY DFWASTEWATER. The quality of wastewater discharged under
this Agreement shall be equal to or better than the quality standards established by
YVVVSC�
4.03 QUANTITY DISCHARGE OFWASTEWATER. The City estimates 10
discharge wastewater from the Village Creek drainage basin through the City's Village
Creek Collector at an annual volume of flow for the years set forth in the following table:
Fiscal Year Annual Flo)yJmiI1ion__qalIons
FY 2001 100�0
FY 2002 1014
FY 2003 1070
FY 2004 110.7
FY 2005 114.5
FY 2006 11&5
The City shall be permitted and the City agrees to discharge from the diversion facility to
Arlington's Interceptor System and Uz the Temporary Point of Entry, a maximum rate of
flow commensurate with the amount of surplus downstream capac4,as established by
5
Authority and Arlington management. The maximum amount of eligible wastewater flow
allowable at any one time,defined asarate in MGD. in each of following Authority fiscal
years beginning with the final execution of this Agreement shall be determined annually
by Authority and Arlington management. The City shall be notified of such determination
at least ninety(80)days prior to the beginning nf each fiscal year. Such upper limit shall
be based upon Authority and Arlington management judgment at that time, nfthe
amount of surplus capacity existing in downstream Arlington and Authority systems.
Notwithstanding the fact that the Authority shall, in advance of each fiscal year, furnish to
the City a predicted allowable upper flow defined as a rate in IVIGD for the next ensuing
year, if, during the course of that ensuing fiscal year,wastewater flows exceed that
which was originally projected by the Authority and Arlington,a redetermination will be
made by Authority and Arlington management during that period of time, the City notified
of such redetermined rate of flow, and upon receiving such notice from the Authority,the
City agrees to immediately reduce its volume of discharge hua level which in
redetermined by Authority and Arlington management. City shall initially discharge into
the Arlington's Interceptor System and to the Temporary Point of Entry wastewater
discharge that does not exceed a maximum rate that, if continued for a period of twenty-
four(24)houm. wmu|daqua| 17.4W1GD. bui[imitedonnua||y1othevo|umeoff|ovx|isted
above in this Section, unless a revised rate of flow is redetermined by Authority and
Arlington management Vubeacceptable. Authority and Arlington management
anticipate that the surplus capacity, as stated in this Section, is available in each
respective parties'system for the first 30 months nf this Agreement.
4.04 WASTEWATER SAMPLING AND TESTING. |n accordance with the
WWSC, the City agrees to periodically determine the quality of the wastewater at the
agreed upon sampling points for the strength of the wastewater in milligrams per liter of
B4O.D.and T.S.S.. as requested by the Authority. The sampling and testing shall boat
least three times annually. Reports of the analysis including test samples will be
furnished Vn the Authority and Arlington. Should Authority or Arlington request more
extensive monitoring, such monitoring shall be paid for by the City,and shall be done in
accordance with this Agreement. City agrees, if requested, to split said wastewater
samples with the Authority and Arlington.
4.05 SEPARATION OFSTORM SEWERS. The City agrees hx keep separate all
storm sewers from its sanitary sewers, and to disconnect any storm sewers,drains or
other openings which may cause storm waters to enter the sanitary sewers,and the City
further agrees to adopt and use ordinances pertaining to the construction ofand
connection to sanitary sewers and covering quality requirements which will meet the
requirements as set out in the ordinances described herein, specifically Section 4.02,
Quality ofWastewater. The City agrees ho keep its sewerage system in good repair oo
that undue Infiltration Water will not flow into the CRVVS,
SECTION V. PAYMENTS TO AUTHORITY.
5.01 ANNUALPAVMENT. The City agrees hn pay a transportation charge tn
the Authority that is determined by Arlington on an annual basis according to the
methodology shown in Exhibit C attached hereto and incorporated herein. The initial
calculated rate is three(3)cents per 1.ODOgallons. The Authority will credit toArlington
an amount equal to the City's annual wastewater flow in 1,000 gallons times the annual
transportation rate|nan Adjusted Annual Payment. The credit ho Arlington will belimited
to the amount actually paid bythe City<mAuthority,
6
5.02 OTHER CHARGES. Ordinary and extraordinary maintenance of repair
expenses and any new or unforeseen reserve, assessment or other charge imposed on
diverting, storing,delivering, gathering, impounding,or taking the water received by the
Authority from the City,the amount of the assessment or charge shall be bome by the
City, in addition bo all other charges, and whenever the Authority shall be required k/pay
any assessment or charge on wastewater received by the City, then the City shall
promptly pay or reimburse Authority for the tax.assessment, or charge in the manner
directed by the Authority.
SECTION VI. DEFAULT IN PAYMENT.
6.01 DEFAULT|NPAYMENT. |n the event that City shall fail to make any herein
listed monthly payment within the time herein specified,interest on such amount shall
accrue to the rate of 5%per annum from the date such payment becomes due until paid
in full with interest as herein specified. In the event such payment is not made within
sixty(60)days from the date such payment becomes due,Authority may at its option
prohibit City from discharging any flows into Arlington's Interceptor System and,
ultimately, into Authority's CRWS until the amount due the Authority is paid in full with
interest as herein specified. Provided,that any such discontinuation nf service shall not
relieve City nf the obligation to make payments required under this Agreement.
SECTION VII. SPECIAL PROVISIONS.
7.01 SPECIAL PROVISIONS. The following special provisions apply:
(a) Title to all wastewater discharged hereunder shall remain in City until
introduced into the CRWS and upon entry into the CRWS title thereto and all effluent
therefrom shall pass to the Authority. At receipt,the Authority shall take responsibility for
the proper transportation and disposal of all such wastewater received by it, in
accordance with law,
(b). The City's obligation under this Agreement shall never be construed tubo
a debt of City of such kind eeto require it under the Constitution and laws of this State ho
levy and collect a tax to discharge such obligation,and it is expressly understood by the
parties hereto that all payments due by the City hereunder are to be made from water
and sanitary sewer revenues received by the City.
(c). The City represents and covenants that all payments 1obemade
hereunder by it shall constitute"Operating Expenses"of its waterworks and sanitary
sewer system as authorized by the laws of Texas, including Chapter 1502 of the Texas
Government Code,asamended.
SECTION VIII. MODIFICATION.
8.01 MODIFICATION. This Agreement may be changed mmodified only with the
consent uf the governing bodies of both the Authority and City, No such change o/
modification may bs made which will affect adversely the prompt payment when due oY
all monies required habepaid by the City under the terms af this Agreement.
SECTION IX. REGULATORY BODIES.
9.01 REGULATORY BODIES. This Agreement shall be subject bm all valid rules,
regulations and laws applicable hero-to passed or promulgated by the United States of
7
America,the State m Texas or any gmemmemobodymagemcyhev|nglawfu
jurisdiction or any authorized mpnanentativeora0encyofanyofNem.
SECTION X. REGULATORY REQUIREMENTS.
10.01 REGULATORY REQUIREMENTS. This Agreement io subject tu all applicable
federal,state, and local laws and any applicable ordinances, rules,orders, and
regulations of any local, state,or federal governmental authority having jurisdiction.
However, nothing contained in this Agreement shall be construed as a waiver of any
right to question or contest any law,ordinance, order, rule,or regulation in any forum
having jurisdiction,and Authority and City all agree to make a good faith effort to support
proposed laws and regulations which would be consistent with the performance of this
Agreement in accordance with its terms.
SECTION XI. DISPUTES.
11.01 DISPUTES. |f City at any time disputes the amount 0obe paid byii1othe
Authority,the City shall nevertheless promptly make the disputed payment or payments
while the dispute is pending. If it is subsequently determined by agreement or court
decision that the disputed amount paid by the City should have been less or more,the
Authority shall promptly prepare either an invoice or bill to correct the difference any
payment interest.
SECT|ONXU. WAIVER AND AMENDMENT.
12.01 WAIVER AND AMENDMENT. Failure to enforce mr the waiver mfany
provision of this Agreement or any breach or nonperformance by the Authority or the
City shall not be deemed a waiver by the City or the Authority of the right in the future u»
demand strict compliance and performance rf any provision of this Agreement.
No officer or agent of the Authodty or the City is authorized to waive or modify any
provision nf the Agreement. Nn modifications|oor rescission uf this Agreement may be
made except by a written document signed by the Authority's and the City authorized
representatives.
SECT|ONXUi DAMAGES AND INDEMNITY.
13.01 INDEMNITY. his mutually agreed by the parties to this Agreement that insofar
as the rights and work contemplated under this Agreement are performed by a party to
this Agreement within the jurisdiction of another party to this Agreement and to that
extent only,the aforesaid parties hereby mutually agree that each party will be
responsible for its own negligent acts or omissions which cause damage to property
(real or personal)or persons arising directly or indirectly from the performance of the
work and rights provided for under this Agreement, This paragraph shall not be
construed 0o waive a party's immunity under Texas law. This paragraph ie for the sole
benefit oy the parties 0o this Agreement,and shall not beconstrued as conferring rights
m/benefits,contractual or otherwise, upon other persons nrentities.
13.02 LIABILITY FOR DAMAGES. Liability for damages arising from the
transportation, delivery, reception, treatment, and/or disposal for all wastewater
discharged into the CPVYS hereunder shall remain im the City*m its Temporary Point of
@
Entry, and title to such wastewater discharged hereunder shall remain in the City to such
Temporary Point, and upon passing through its Temporary PointofEn8ytheUabi|dYfnr
such damages, and title Vm such wastewater,shall pass to the Authority. Ao between the
Authority and City, each party agrees,to the full extent permitted by law, to indemnify
and to save and hold the other party harmless from any and all claims,demands, causes
of action,damages, losses, costs,fines and expenses, including reasonable attorneys
fees,which may arise orbe asserted by anyone a1 any time on account ofthe
transportation, delivery, reception, treatment and/or disposal while title to the wastewater
isin such party, oron account ofa prohibited discharge byaCity. The Authority has the
responsibility to the City for the proper reception,transportation,treatment,and disposal
of all wastewater discharged into the CRWS, but not for prohibited discharges
discharged by any party et any Point ofEntry. Nothing contained herein shall ever be
construed so as to require either party hereto to assess, levy,or collect any tax to fund
any obligations contained in this Section 14.
SECT|(JNX|V. FORCE MAJEURE.
14.01 FORCE MAJEURE. |f for any reason of"force ma)eure.''either the Authority ur
the City shall be rendered unable,wholly or in part,to carry out its obligation under this
Agreement. other than the obligation of City to make the payments required under the
terms of this Agreement, then if the party shall give notice of the reasons in writing hothe
other party within a reasonable time after the occurrence of the event or cause relied on,
the obligation of the party giving the notice, so far as it is affected by the"force majeure,"
shall be suspended during the continuance of the inability then claimed, but for no longer
period. The term"force me4euna.^as used/n this Agreement, shall mean acts mfGod.
strikes, |ookoub,or other industrial disUurbanoen,acts of public enemy, orders oractions
of any kind of government of the United States or of the State of Texas, or any civil or
military authority, insurrections, riots, epidemics, land slides, lightning, earthquakes,
fires, hurricanes, storms,floods,washouts,droughts, arrests, restraints of government
and people,civil disturbances,explosions, breakage or accident to dams, machinery,
pipelines,canals, or other structures, partial or entire failure of water supply, including
pollution(accidental or intentional), and any inability on the part of the Authority to
transport wastewater,or of Fort Worth to receive wastewater, on account of any other
cause not reasonably within the control uf the party claiming the inability.
SECTION XV. ASSIGNMENT.
15.01 ASSIGNMENT. Neither party hereto may assign this Agreement without
the prior written consent of the other party.
SECTION XVi SOLE AGREEMENT.
15.01 SOLE AGREEMENT. Agreement with the incorporation by reference mf
the'A!WSC constitutes the sole and only agreement of the City and the Authority and
supersedes any prior understanding or oral or written agreements between the Authority
and the City respecting the subject matter of this Agreement,
SECT!ONXVU. SEVERABILITLY.
17.01 SEVERAB0T/ The provisions of this Agreement are severable and if,for
any reason, any one wr more cf the provisions contained}nthis Agreement shmUbeheld
9
0nbeinvalid, 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 osU the invalid, illegal, or
unenforceable provision had never been contained in the Agreement.
SECTlONXVUi NOTICES.
10.01 NOTICES. All notices, payments,and communications(collectively~noUues^)
required or allowed by this Agreement shall be in writing and be given by hand-delivery
orby depositing the notice in the United States mail, postage prepaid and registered or
certified,with return receipt requested, and addressed to the party to be notified. For
purposes of notice,the addresses of, and the designated representative for, receipt of
notice for each of the parties shall be shown above the signatures of the individuals who
signed this Agreement nn behalf of the Authority and the City. Any party may change its
address by giving written notice of the change to the other parties at least fifteen (15)
days before the change becomes effective.
SECOONX!&. PLACE OF PERFORMANCE.
19.01 PLACE OF PERFORMANCE. All amounts due under this Agreement,
including but not limited to payments due under this Agreement or damages for the
breach of this Agreement,shall be paid and be due in Tarrant County,Texas, said
Tarrant County, Texas, being the place of performance agreed to by the parties to this
Agreement. |n the event that any legal proceeding is brought to enforce this Agreement
or any provision hereof,the same shall be brought in Tarrant County, Texas.
SECT0NXX. CAPTIONS AND RULES OF INTERPRETATION.
20.01 CAPTIONS AND RULES OFINTERPRETATION. The captions and section
headings used in this Agreement are for the convenience of the parties only and shall
not be used in construing this Agreement. This Agreement has been negotiated atarm's
length and between persons sophisticated and knowledgeable in wastewater matters,
and experienced and knowledgeable legal counsel has represented each party.
Accordingly, any rule of law or legal decision that would require interpretation of this
Agreement against the party that has drafted itis not applicable and iswaived. The
provisions of this Agreement shall be interpreted in a reasonable manner to affect the
purposes of the parties and this Agreement,
iN WITNESS WMERE[)F.the undersigned A UhohtyandCi!yexeoute1hio
Agreement indup|icatn-orriginabon .2OO1. etTarrant County.
Texas, each of which is deemed tobeenoriginal.
10
APPROVED AS TO FORM CITY OF FORT WORTH, TEXAS
1000 Throckmorton Street
Fort Worth,Texas 76102
f .
r
MIK0 GROOMER,Assistant City Manager
DATE
ATTEST:
jE:A:�ssx�n s:
24,2005
TRINITY RIVER AUTHORITY OF TEXAS
5300 South Collins
P.O. Box 60
Arlington Texas 76004
DANNY F. VAN neral Manger
DATE: rr``
ATTEST:
ATTESTED
AMES L. H ,tt��ary
Board of Directors ' r
Contract Authorization
- 2, f r
Date
i
N % ,
v ,
��r., r9�'d��ae �V ' dpi„•. � �i �i^ � � � ��� "46'� + {�➢ ' ��m �+➢7,�9"�p��; '
G ��, �k y"r➢ � � +� yq y[,'� 4 ➢p �. � m�,�ro ,+ �nn�a m*�p ^� ;wat»,
'"*.* i n."� d ����"�M'v i u,^'y�'�1 p'u w j1 P u l7 �� � '� �hry `Pm� �Po➢'+�wl��'t, y
r r
w,
➢ ;"ryi` +�, >� '� .” TUN r', ri��U"",'k".w i ,� � (�9➢d"a �'a u�r r :i� ➢' �4"�
a~;y o'' n a rd V�Mlr�,p•,q�,y✓�'>?7 �"° t aMµ °. d )��„➢, ,�N' "a''k.
y �
°,� ,➢�4 + h x� Ana M�,n�rp �,Mv"�I�idida"�� �� �� �, ��j� C, r. ��X9" ��9 ➢ ➢� �: MR'��,p��" rry
➢N'v rvn myr rcy�➢jai ,r a ��,. a Jr ^dp 1 & k III l ✓ N d� rF N� �� ;7'
➢a �'r�, ��"' a�. p r yr i,!;➢awry� �.~�ww4�,eVu�,u�' & �u a4 ".r .nd �, " w �' ��p im'r �'�2 ° `�v"',Id'9'io-..
I"', �" �w. a „n. r �'& y,, `' wµ T "t"" w i ."p°`� "R'�' �,r ti" iµ➢ - p m
('1 "k r
➢5 , 4 ;w°k Z,` .✓`r M ��kp r ir��aaa ➢�r" k ➢X"� o ven" "*"" �l� " >"
i11J " r v z �w � ��`� � r"y; "�, "' � di r� � �v 6 �u��� � � �"� r� ati✓ x �
d a s `� fn v`t i ,* ✓ rE � m p 6 t r Q ,z t o F;�Iw�nm�' dIF"'�'�W �'
a,
�� Y' v��`a a '" �% qtr,i ifaP .Y'� � �,�� �p➢'';; ��ra � r ��"� � � � '➢ ri`' �
r ;,p � E r ,' � Pi �' � iYa� lrG9✓ fay r� y"sq u�a"�➢yi ,�� �,�.��f� �e,�a i�,�,� �,
�„t �s��a`d �+.��. a " &�'. ➢ (Ik �r us �� ro" p G� ir��; ✓ ���$�➢'a��V i,��'' ��r wn�b x� "»<mG r�
�;p� wry ➢ ,�wYl fr a JU�',:
�� ➢. t� �� >➢f Y�,d � � "'Tw'� '� � r �'i t y72�`w��a a,w p "�,�''��� mr �➢�m
" r ✓ak�� P P� PC gar kI
,4 I' � � � �Ga��i
a M'6 ➢�y 'k y'n f 4f p r 4I�n� itll( ' t I 9 va p m r ➢fy�e
p3v
�,mk ,n d �. ri��ssM ?t a a M ,� �� A � ➢ w" ,r »� � � ��IV�.�➢,Y'""�Cs''��I�y `��,
i�M �'� m d i � � �'p � Y�Ji 1�✓t,�'6"�nd �, °� y�va J Y ak� � arm'�I v a
'` o��� oq� �r Po K � °& ���aka st 7Pdl � � t. �pNpm ��w➢��� � iw��'�r` �"�iA aye �
^rd ,tiara "�" ..� e ➢ fu,v n �ry, I� 4r'h °,., a � ,A➢C,.: .
i� o p $�mdpd,➢`', v a',Y� `y `4,'., /.;y W r ✓ A'", r w� 13a:uurmar' �.✓.umc �mdJn�
a� Y �➢i� ,p IF.I a r ➢ r, '� &w � �d�� � r,�r s ➢ m ��`� r➢P� �"� r➢��
'uk1a1 ww � � o- W F ✓ aw.�
k �+ E MN ,'�' o �.fi r I Npl 1 / � r r. wnamu�iw^�MrA �%➢ w��^'
i➢a t f i w i
➢s�Js � t t � win J u &�� �`� i'� �✓�� /( 1� " 'h!"" ,.�� . �,�>�
r ?,:'' � r'� i rM a +IV" *� k q " �`"�', �a➢„"a��f c Ib� .� n r^'"�'�,. a PW
w fU i Y a u
M�,4 �' J➢,"., � � n ➢s � d, ,.. ➢ r�na iqq r �� i'� Y fi' �' y i �i q�, '" '
�' 1 � � µ �r� sJ WM ,. a w 9 a" �E. w ji✓/� v ���p` � r °✓� � � � �
" r ���� d� � .w�.r�a ,"�,. sr�.d ✓as„,V" w9'6 �K q a4 6, ,'�P�s 9 0 �� �� 'n
rs Mi '' "ra y ✓Y }➢ € '� r u�" "an"" '""'�A 1 Icyy "ad j �a➢ ;l6 yiy➢1 Ym 1�i-.
gar "c, ski t
lnl l 41
ov
➢, x i ➢ K ,;v�➢ p .mom o ,r '�N ,��"^'"" , " �'
r 4rrya 7, '➢ a w* "'h >➢
Di ➢ w �� `I 4 d qli ro"?'brlrymti a-p.
� � b � ` d"I➢ G?"s'a�
➢' ''"� - 4 a 11+aILLu"w➢4
.1➢''y�'re aw%"5•.. a ¢,� 'Fh m � ��' .:�" a a�as �' ➢9 � �"��rc ` � � $
d b" �.
� p � ;^ � v= "4 as
'41
�"�"" �"��➢���`�'���a� �l➢rod ai �`mu� ,�.�� �, � Y � '�� ➢��" �"a � w� '°�- � 'r c^` � C'-.
yaw k ^ � of � � �� �r ✓ a � a>q � �w� a
u � v'~d4„,,., '�,fi. r ���tu+ �� � 6➢�6u ��w ".F ➢ �a tl '�,� �,r�'". � ro,, a a `G�.
}' i i i' � �►a a a► a
" p
1r �1d'+"" i� /,� � ,iL�+mr"I� `ya7",,`,,.��yy , ""•,, �,,,, #FMII'"p" m '" �„ "r-T""`i-�"� AI
'CM"l "yJpJy'.. '"!� ' M Ip pl$,+y5 •.
ir% ILI k71
"711
�'r�&�Y ! � � '►
p�19s1 C °,y,g� e7 x ta..11.4{'" p+rr1u16 nluNgArxw ` 3'
+a;ror, :.Cp r g I HIT
r Mro
sZ.z .4 as. m1 sx w "'""rroa Ad .S•y "4
m s" �rxs w »Nh 9 aI r �E ay>� ww nw N >ww w,a
1��� ��+v y✓��'a''k"��L9� �yy'4^mi �M4'��r.�,""�,.�"''p"..� �s ��4
p s.� >� "•%w ¢`" Y� p,dwy�"�'x._r 'et,._ +w14 �C
p ..,wi M° i
h "" t" pn �• r 1+�P
p4G Qk aw.��u
A!!R'p N p4jy:'"RiN �"y�.yi3'w A A �'��
Naw2f.
POP
0,KI G.4w'
44
ys �' ,�'lA.1 ms ► -•"i'M 1, rr 1 ,M"n� ��}iL'Fpe,. pw .roJr.�
p.
t
Wholesale Wastewater Rate Study
Methodology
1) System Allocation
11) Determine what portion of City of Arlington collection system is part of
COTurnon system--.
111) Determine what portion of common system each customer uses.
IV) Use inch-diameter-foot allocation factor
A) Financial allocation
V) Allocate COA costs between water and wastewater systems
A) Determine most appropriate cost allocation factor for cacti type of cost
11) Allocate costs based on allocation factors
(a) Goal: Each customer pays their proportional share of the system based
on usage.
City of Fort Worth, Texas
I'Major and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
9/25/01 1 **C-1 8751 1 60TRA I Of I
SUBJECT INTERILOCAL AGREEMENT WITH THE TRINITY RIVER AUTHORITY FOR
WASTEWATER PIPELINE TRANSPORTATION TO THE TRA CENTRAL PLANT
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an Interlocal Agreement
with the Trinity River Authority (TRA) to provide wastewater pipeline transportation utilizing existing
pipelines.
DISCUSSION:
On April 24, 2001 (M&C C-18571) the City Council approved an Engineering Agreement with
Transystems Corporation to design a parallel pipeline to provide additional capacity for the existing
Village Creek collector. Until this pipeline is constructed, the City desires an interim method to assist
with the diversion of a portion of the excess wastewater flows from the Village Creek collector to the
TRA. This proposed diversion will be necessary during wet weather operations.
An interim agreement has been developed between the City and the TRA to include transportation
charges for this diversion in the TRA billing to the City for treatment and transportation costs associated
with the TRA central system under an existing contract. This agreement will be in effect for a period not
to exceed 5 years, at which time the City plans to have constructed relief facilities and will no longer be
diverting flow from the Village Creek basin to the TRA central plant.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
MG:n
Submitted for City Manager's CEN�T�ER ��UJNT 1 CITY SECRETARY
Flu"171t'D, ACCOUNT
office by: (to)
I Mike Groomer 6140
APROVED
--------------------
originating Department Read:
-+--�i�y COUNCI
Dale Fisseler 8207 (from)
SEP 25
Additional Information Contact.
7-
sacrabry a
Dale Fisseltr 82(l Taxa!h