HomeMy WebLinkAboutContract 60117CSC No. 60117
INTERLOCAL AGREEMENT BETWEEN THE
BENBROOK WATER AUTHORITY AND THE CITY OF FORT WORTH
STATE OF TEXAS
COUNTY OF TARRANT
This Interlocal Agreement ("Agreement") is entered into by and between the Benbrook
Water Authority, a conservation and reclamation district created under Article XV1, Section 59 of
the Texas Constitution (hereafter called "BWA" or "CUSTOMER"), acting by and through David
M. Smith, its duly authorized General Manager and the City of Fort Worth, a Texas home rule
municipality, acting by and through its duly authorized Assistant City Manager ("Fort Worth" or
"City").
I. RECITALS
WHEREAS, Fort Worth and Customer have entered into that certain Agreement for
Wastewater Service effective May 14, 2017 as recited therein (City Secretary Contract No. 49267)
("Agreement"); and
WHEREAS, Chapter 791 of the Texas Government Code, the Interlocal Cooperation Act,
authorizes municipalities and governmental entities to enter into interlocal agreements for the
providing of governmental functions and services; and
WHEREAS, each governing body, in performing governmental functions or in funding
the performance of governmental functions hereunder, shall make that performance or those
payments from current revenues legally available to that party; and
WHEREAS, each governing body finds that the performance of this Agreement is in the
common interest of both parties, that the undertaking will benefit the public and that the division
of costs fairly compensates the performing party for the services or functions under this
Agreement; and
WHEREAS, Fort Worth owns and operates a sewer line interceptor system consisting of
30" and 36" pipelines into which Customer makes several connections via its 18" downstream
sewer line serving its customers; and
WHEREAS, the Parties have determined that it is necessary to perform a sewer alignment
study ("Study") to evaluate an anticipated new interceptor corridor to enhance the existing sewer
interceptor system which traverses the City of Benbrook; and
WHEREAS, Customer is taking the lead on the Study with costs to be shared by both
entities as further described herein; and
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
BWA — Fort Worth Sewer Alignment Study Page 1 of 8
WHEREAS, Fort Worth has agreed to pay for 46.2% percent of the Study, estimated to
be $163,956.92, and Customer has agreed to pay for 53.8% percent of the sewer alignment study,
with costs estimated to be $190,551.08. Actual costs to be determined prior to Customer letting
the Agreement;
NOW THEREFORE, in consideration of the above recitals and the premises and
agreements, covenants and promises herein set forth, it is agreed as follows:
II. TERMS AND CONDITIONS
This Agreement outlines certain parameters for a preliminary alignment study of a new sewer
interceptor to be shared by Fort Worth and Customer.
A. Description of Project and Benefits
The Study will identify the best location for a shared sewer interceptor ("Sewer
Interceptor") to be used by BWA and the City of Fort Worth. The interceptor would
generally run through southern Benbrook, Texas to accommodate increased development
for both cities. Wholesale sewer meters would be installed on the western and eastern edge
of the interceptor to monitor flows by Fort Worth and Customer for billing purposes.
Fort Worth and Customer intend to work together at the conclusion of the alignment study
towards the goal of designing and constructing the Sewer Interceptor. Fort Worth and
Customer will work in good faith to finalize all future agreements in a timely manner when
growth and development necessitate a fully constructed Sewer Interceptor.
The attached Exhibit A shows the sewer line corridor and potential alignments to be
reviewed and finalized in conjunction with the alignment study.
B. BWA and CITY Existing Infrastructure
The City owns approximately 16,212 feet of 30" and 36" existing sewer lines within the
interceptor's anticipated corridor. The existing sewer main has been inspected and if
feasible based on proposed flows, should be integrated as part of the final alignment study.
Customer is connected to this existing sewer main line at several locations.
The City -owned sewer main connects to the BWA's 18" gravity -flow sewer line, which
further conveys flows to the wholesale meter connection on the eastern edge of BWA's
existing sewer system.
For purposes of the Study, Exhibit B represents good faith estimates of future flows which
may impact alignment to existing infrastructure and the location of future infrastructure.
The Alignment Study will include the proposed locations of a meter stations at the western
and the eastern edges of the proposed interceptor.
BWA— Fort Worth Sewer Alignment Study Page 2 of 8
C. Alignment Study Consultant
Customer will procure and manage a professional consultant ("Consultant") to perform the
Study. The consultant's selection shall be according with state law. Customer and City
will work together to develop the scope of work and estimated Study fees. The Consultant
will be an independent contractor with the right and responsibility to control the
Consultant's employees, representatives, and agents. The Work performed by the
Consultant under the agreement with Customer will solely be for the benefit of Customer
and the City. For alignment study purposes, all easement requirements will be based on
Fort Worth standards. Any requested variances from Fort Worth easement standards should
be agreed upon by Customer and City. Any design and construction standards used will be
determined in future agreements.
Consultant shall be required to perform the Work in accordance with accepted industry
practice, and shall comply with applicable federal, state, and local laws, ordinances, codes
and regulations. Customer and City shall have the right to confer with consultant and
inspect the Work at any time during or at the completion of the study.
A Cost Share Calculation
The Consultant's cost, estimated to be $354,508, will be shared by Customer and City
where Customer agrees to pay 53.8% of Study costs and City agrees to pay 46.2% of the
Study costs. The consultant's cost to perform the Study shall be presented to City for review
at least ten days prior to Customer authorizing execution of the contract.
E. Soft Costs/Additional Matters (Responsibility/Cost Split)
1. Any costs incurred for the alignment study outside of those set forth in Section D above
will be borne by the entity incurring same, for example:
a. Staff time: No staff time by either City or Customer will be included in the cost -
sharing agreement. Each entity is solely responsible for their own staff time.
b. All costs not explicitly listed above or approved in writing by City and Customer.
c. City and Customer will each be responsible for their own attorney fees.
F. Project Schedule and Process Payments
Upon execution of Study agreement between Customer and Consultant, Customer will
invoice City for its share of the Study cost. If City's portion of the costs exceed $100,000,
City's governing body must be presented with the expenditure for its approval. Any
changes to the scope of work and/or fees which during the Study period are required must
be coordinated with City and are subject to City's approval. Any invoice or credit to
reconcile cost sharing will be issued by Customer within 60 days of project completion.
Services not expressly set forth in this Agreement and/or agreement to perform the
alignment study are excluded from the scope of Work. If any change alters the scope of
Work affecting the Consultant's costs or schedule, Consultant will be required to promptly
notify BWA, which will in turn notify City. The Consultant shall only be granted a formal
written change order or amendment authorizing additional Work including as applicable,
increases in compensation and/or schedule by mutual agreement of City and BWA. If the
BWA — Fort Worth Sewer Alignment Study Page 3 of 8
Consultant is delayed in performing its services by any circumstance beyond its control,
then the Consultant may be granted a formal written change order extending the
Consultant's schedule for the number of days as the occurrence delays performance by
BWA. However, if Consultant's compensation must be equitably adjusted for any
additional costs due to the delay, such approval must be mutually agreed upon by City and
BWA.
G. Miscellaneous
1. Expending Funds. City and BWA shall fund this alignment study with funds
available from current revenues of the party. No parry shall have any liability for the
failure to expend funds for future design or construction.
2. Termination. It is agreed that either Party hereto shall have the right to terminate its
participation in this Agreement upon ninety (90) days written notice to the other Party
hereto.
3. Entirety. This Agreement contains all commitments and agreements of the Parties
with respect to the alignment study. No other oral or written commitments of the
Parties with respect to study or future design and construction of sewer infrastructure
shall have any force or effect if not contained herein.
4. Ratification. Each Party hereby ratifies the actions of its personnel taken prior to the
date of this Agreement.
5. Severability. If a provision contained in this Agreement is held invalid for any
reason, or if any current or future legal limitations or requirements from a federal or
state governmental with jurisdiction over the Parties affect the validity or
enforceability of a provision of this Agreement, then this Agreement shall be deemed
amended to the minimum extent necessary to bring this Agreement into conformity
with the requirements or limitations, and so modified, this Agreement shall continue
in full force and effect.
6. Assignment. No Party may assign, in whole nor in part, any interest it may have in
this Agreement without the prior written consent of the other Parry.
7. Amendment. This Term Sheet may be amended only by the mutual written consent
of the Parties.
8. Third Parties. This Agreement is intended to inure only to the benefit of the Parties
hereto. This Agreement is not intended to create, nor shall be deemed or construed to
create, any rights in third parties.
9. Governing Law and Venue. This Agreement shall be governed by the laws of the
State of Texas. Venue for an action arising under this Agreement shall lie exclusively
in Tarrant County.
10. Headings. The headings at the beginning of the various provisions of this Agreement
have been included only in order to make it easier to locate the subject covered by
each provision and are not to be used in construing this Agreement.
BWA — Fort Worth Sewer Alignment Study Page 4 of 8
11. Notice. Any formal notices required herein shall be made by transmitting same to:
Citv of Fort Worth
Water Department
Attn:
200 Texas St.
Fort Worth, Texas 76102
Email:
With copy to:
Douglas W. Black,
Sr. Assistant City Attorney
200 Texas Street
Fort Worth, Texas 76102
Benbrook Water Authoritv
Attn: David M. Smith, P.E., General Manager
1121 Mercedes Street
PO Box 26929
Benbrook, Texas 76126
The parties may from time to time change their respective addresses, and each shall
have the right to specify as its address any other address upon at least ten days written
notice to the other party.
12. Entire Agreement. This Agreement, including any exhibits attached hereto and
made a part hereof, is the entire Agreement between the parties and supersedes all
prior or contemporaneous understandings or representations, whether oral or written,
respecting the subject matter herein.
13. Effective Date and Term. This Agreement shall become effective immediately
upon its execution by both parties and shall be in effect until completion of the
Project.
14. Non -Discrimination. Neither Fort Worth nor Customer, nor any of their officers,
members, agents, employees, program participants, or subcontractors, while engaged
in performing this Agreement, shall in connection with the employment,
advancement, or discharge of employees, or in connection with the terms, conditions
or privileges of their employment, discriminate against persons because of their age,
except on the basis of a bona fide occupational qualification, retirement plan, or
statutory requirement. Fort Worth and BWA agree that in the execution, performance,
or attempted performance of this Agreement, they will not discriminate against any
person or persons because of gender, religion, color, sexual orientation, or national
origin, nor will either party permit its respective agents, employees, subcontractors
or program participants to engage in such discrimination.
BWA — Fort Worth Sewer Alignment Study Page 5 of 8
ACCORDINGLY, Fort Worth and Customer have each caused this instrument to be
executed on each party's respective behalf by its duly authorized representative.
EXECUTED and EFFECTIVE as of the date last written by a signatory, below.
BENBROOK WATER AUTHORITY
By: i lX/r A �lX/�lai'
Date: %
ATTEST:
1 ,
Executive Assistant
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CITY OF FORT WORTH
15 �� Gu7rrF>G
By:Dana Burghdoff (Sep, 2023'11:31 CDT)
Dana Burghdoff
Assistant City Manager
Date:
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ATTEST: p ° o�'-+o
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ALL dQaZI aEXA?o�`
3annette S. Goodall, City Secretary
M&C No. 23-0776
Date 9/12/20223
RECOMMENDED FOR APPROVAL:
CGt���Ito,�GteY tfa�cfe�
By:Christopher Harder (Sep 14, 2023 07:48 CDT)
Chris Harder, P.E., Director
Water Department
Approved as to Form and Legality:
PAW
DBlack (Sep 14, 2023 15:22 CDT)
Douglas W. Black
Sr. Assistant City Attorney
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
BWA — Fort Worth Sewer Alignment Study Page 6 of 8
Fort Worth CONTRACT COMPLIANCE
MANAGER:
By signing, I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
Matt Kusnir
Project Manager
BWA — Fort Worth Sewer Alignment Study Page 7 of 8
CITY COUNCIL AGENDA
Create New From This M&C
DATE: 9/12/2023 REFERENCE
NO.:
CODE: C TYPE:
Official site of the City of Fort Worth, Texas
Fogy T H
**M&C 23- 60SEWER ALIGNMENT
0776 LOG NAME: STUDY WITH BENBROOK
WATER AUTHORITY
CONSENT PUBLIC NO
HEARING:
SUBJECT. (CD 3) Authorize Execution of an Interlocal Agreement with Benbrook Water Authority in
the Expected Total Amount of $354,508.00 with City Participation Expected Amount of
$163,957.00 for a Sewer Alignment Study; and Adopt Appropriation Ordinance to Effect a
Portion of Water's Contribution to the Fiscal Years 2023 - 2027 Capital Improvement
Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of an Interlocal Agreement with the Benbrook Water Authority with City
Participation in the expected amount of $163,957.00 to conduct a sewer alignment study; and
2. Adopt the attached appropriation ordinance adjusting appropriations in the Water / Sewer Bond
2016 Fund by increasing appropriations in the amount of $163,957.00. Project (City Project No.
105030 in the amount of $164,000.00 and decreasing appropriations in the Unspecified - All Funds
Project (City Project No. UNSPEC) by the same amount, to effect a part of Water's contribution to
the Fiscal Years 2023-2027 Capital Improvement Program.
DISCUSSION:
The Benbrook Water Authority (BWA), an existing wastewater wholesale customer, (City Sectary Contract
No.49267) and the City of Fort Worth desire to plan for future increased growth and demand for additional
wastewater flows. The entities have agreed to share the costs of a sewer alignment study for a sewer
interceptor that will serve their respective needs. This Interlocal agreement will provide for BWA to conduct the
alignment study of the sewer interceptor system currently comprised of the City of Fort Worth's 30" and 36" M-
513* sanitary sewer main that runs through the City of Benbrook to which is tied BWA's 18" sewer main.
The sewer alignment cost sharing formula is based on future estimated flows from the City of Fort Worth not to
exceed 6.5 Millions of Gallons per Day (MGD). The combined peak flows from both Fort Worth and Benbrook
Water Authority is a total of 12.2 MGD upstream of the existing 30" segment of M-513. The 30" segment has
an existing capacity of 13.0 MGD.
Table 1, below, describes the anticipated cost share based on weighted average and Table 2 describes peak
wet weather flows used to calculate the weighted average.
Table 1:
Required Flow (GPM)
Segment
Pipe
Size
CFW BWA
Total
ADF
PWW ADF PWW
ADF PWW
A-B
30"
700.00
4,514.00 0.00 0.00
700.00 4,514.00
B-C
30"
700.00
4,514.00 192.00 960.01
892.00 5,474.01
C-E
30
700.00
4,514.00 791.71 3,958.56
1,491.71 8,472.56
E-F1
F1-G1
G1-H1
Table 2
Segment
A-B
B-C
C-E
E-F1
F1-G1
G1-H1
30"-36" 700.00
4,514.00
937.48
4,687.40
1,637.48 9,201.40
18" 700.00
4,514.00
1,181.35
5,907.32
1,881.35 10,421.32
18" 700.00
4,514.00
1,911.64
9,558.18
2,611.64 14,072.18
Pipe
Ownership
Length
PWW Method CFW/BWA
Size
30"
CFW
3,584
100\%
0\%
30"
CFW
1,888
82\%
18\%
30
CFW
2,757
53\%
47\%
30"-36"
CFW
7,983
49\%
51\%
18"
BWA
2,804
43\%
57\%
18"
BWA
7,665
32\%
68\%
Weighted Average: 46\% 54\%
Cost Share Total $163,956.92 $190,551.08
*Numbers rounded for presentation purposes.
It is the practice of the Water Department to appropriate its CIP plan throughout the fiscal year, instead of
within the annual budget ordinance, as projects commence, additional funding needs are identified, and to
comply with bond covenants. The actions in the M&C will appropriate funds in support of the Water's portion of
the City of Fort Worth's Fiscal Years 2023-2027 Capital Improvement Program, as follows:
60SEWER ALIGNMENT STUDY WITH BENBROOK WATER AUTHORITY, TX
Capital Fund FY2023 CIP Budget Change Revised FY2023
Name Project Name Appropriations Authority (Increase/Decrease) Budget
Water/Sewer ILA BWA-
Bond 2016 — Benbrook Sewer $0.00 This M&C $164,000.00 $164,000.00
Fund 56005 Alignment Study
Funding is currently available in the Unspecified- All Funds project within the Water/Sewer Bond 2016 Fund
for the purpose of funding the BWA-Benbrook Sewer Alignment project.
Appropriations for the BWA-Benbrook Sewer Alignment Study project are as depicted below:
Fund Existing Additional Project Total*
Appropriations Appropriations
Water/Sewer Bond
2016 — Fund 2016
$0.00 $164,000.00 $164,000.00
Project Total $0.00 $164,000.00 $164,000.00
This contract will be with a governmental entity, state agency or public institution of higher education:
(Benbrook Water Authority).
This project is located in Council Districts 3 and the City of Benbrook.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the Unspecified -All Funds project within the
Water/Sewer Bond 2016 Fund and upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available in the Water/Sewer Bond 2016 Fund for the ILA BWA
Bnbrk SwrAlig. Study project to support the approval of the above recommendations and execution of the
contract. Prior to any expenditure being incurred, the Water Departments has the responsibility of verifying the
availability of funds.
TO
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project I Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by_ Dana Burghdoff (8018)
Originating Department Head: Chris Harder (5020)
Additional Information Contact: Chris Harder (5020)
ATTACHMENTS
60 CFA- BWA ILA Sewer Alianemtn Stud)/ FID Table (WCF 08.03.23).xlsx (CFW Internal)
60 CFA- BWA ILA Sewer Alianemtn Studv FID Table UPDATED.xlsx (CFW Internal)
60SEWER ALIGNMENT STUDY WITH BENBROOK WATER AUTHORITY.docx (CFW Internal)
BWA Aligment Study Fee Summary Estimate.pdf (Public)
Location Exhibit.pdf (Public)
ORD.APP 60SEWERALIGNMENT STUDY WITH BENBROOK WATER AUTHORITY 56005 A023(r2).docx (Public)
PBS 105030.pdf (Public)
Proposed Alignments Exhibit.pdf (Public)
FORT WORTH COPYRIGHTCITY FORT WORTH
UNAUTHORIZED REPRODUCTIONTION IS A VIOLATION
LATION OF APPLICABLE LAWS.
THIS DATA IS TO BE USED FOR A GRAPHICAL REPRESENTATION ONLY
THE ACCURACY IS NOT TO BE TAKEN / USED AS DATA PRODUCED FOR
ENGINEERING PURPOSES OR BYA REGISTERED
WATER N
SEWER ALIGNMENT STUDY WITH BENBROOK WATER AUTHORITY
Annetta North
Annetta Aledc--
Annetta South ;, - Benbrook V4
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Proposed Alignments
Existing Segment 1
BWA Sewer
— 6" - Lit" Existing Gravity Main (BWA)
CoFW Sewer Boundaries N
6" - 18" Existing Gravity Mains (CoFW) Basin BA07
�eC.p�
6,927 LF I
Existing Segment 2
118" Existing Gravity Main (BWA)
>18" Existing Gravity Mains (CoFW) Future Development
Proposed Re-route 1
— Existing Force Main (BWA)
Existing Force Main (CoFW) r B-o—k City Limits
" '
— — — — — — — \ 1
Proposed Re-route 2
■ Meter Location (BWA)
Lift Station (CoFW) Benbrook ET]
U
I
Proposed Re-route 3
■ Lift Station (BWA)
■ Meter Location (CoFW)
V 1----------------1
CoFW Proposed Sewer Extension
BWA Proposed Sewer Extension
cj GARVER
1:25.000 Scale
Benbrook Water Authority
South Benbrook Wastewater Alignment Study
Basic Services Section
TASK 1- Project Administration and Coordination
TASK 2 - Field Investigation and Data Collection
TASK 3 - Alignment Study/Development/Technical
TASK 4 - Hydraulic Assessment and Updated Scenario Analysis
TASK 5 - Conceptual Design Development
Subtotal for Basic Service Section
Additional Services Section
TASK 6 - CCTV and Cleaning of Sanitary Sewers
TASK 7 - Construction Easement Development
Total All Services
Estimated Fees
$25,698.00
$44, 702.00
$65,233.00
$44,498.00
$107, 340.00
$287,471.00
$29,245.00
$33,792.00
$63,037.00
$354,508.00