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Home My WebLink AboutContract 28571GRAND PRAIRIE -FT WORT'H INTERL�CAL COOPERA►TIVE WASTEWATER AGREEMENT CIiY S�C��T�4�Y � i THE STATE OF TEXAS § ��N��ACT � . __ � ' KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § THIS AGREEMENT en�ered inta this day of ' � , 2003 by and between the City of Grand Prairie, hereinai�er referred t4 as "Grand Prai�ie", and the City of For� Worth, hereinafter re%rr�d ta as "Fort Worth" respectively, both oi which are Texas municipal cvrporations and each acting herein �hrough their duly authorized officials; WITNESSETH: WHEREA�, Grand Prairie and Fort Worth have an interest in the protection of water quality and desire to coaperate in �he conveyance of certain wastewater originating within the city lirnits of Fort Worth in the general area west of Roy Orr Boulevard and Rack Island Rail Road to the Central Wastewater Treaiment Facility of the Trinity River Authozity {"TRA") and; WHEREAS it is cost beneficial for such wast�wa,ter flow to be transported through Grand Prairie's wasiewater collection system; NOW, THEREFORE, this agreement is made and entered into by and between Grand Prairie and Fort Warth, said parties actin� herein by and through their authorized representatives: I. PURPOSE 1.1 The purpose of this agreernenfi is ta prrovide for the terms and conditions whereby wastewater originating in Fort Worth in the general area west of Ray Orr Boulevard and Rock Tsland Rail Road may be tran�ported to a Grand Prairie pflint of entry and then transported by Grand Prairie's collection system to the Tr:inity R.iver Authority's Central Wasiewater Syste;n. The axea to be served by Grand Prairie is as shown on Exhibit "A" attached hereto and made a part hereof for alI puzposes, such area being hereinafter referred to as the "Service ,Area°'. II. TERM 2.1 This interlocal agreement shall be effectiv� for a term of forty (40) years and renewable thereafter at the option of the parties. In the event either parly hereto wishes to renew this in.terlocal agreement, it shall provide written notice to the other paarty, and subjeet to the approval of the governing bodies of each, the agreement shall be renewed for an additional tern� o� forty (40} years. ` _ IntedocalAgreement � � �� Grand Prairie Fort Wqrth Waslewater Collection and Treatment 1 �� Page 1 of 5 1 I�I. METER READING AND BILLING 3.1 Grand Prairie shali deiernune the volurne of wastewater generated witl�in tk�e Service Az'ea by using the average montktly water used within the Service Area during the preceding winter months of Novem.ber, December, January and February. Such amount rnay be adjusted however, in the eveni of extraordinary and/or unanticipated events such as verified plumbing leaks or measured volumes knawn to be not returned to the wastewater system (e.g. water zncorporated in a product and exported from the premises}. 3.2 Fort Worth will be responsible for reading a11 water meters withi�. the Service Area. Within fifteen (15) business days after reading such meters, Fort Worth shall pravide the readings to Grand Prairie. Fort Worth grants to Grand Prairie access to its rneters v�ithin the Service Area for the purpose of inspecting and verifying rneter readings. 33 Bilis for wastevvater seivice will be rendered monthly by Grand Prairie to Fort Warth. All bills shall be due and payable by Fort Worth not mare than thirty (30} days from the billing date, The biIls will show eurrent charges, as well as past-due charges, if ar�y. Past-due charges shall be the total arnount unpaid from all prior biliings as of the current billing date. Payments received by Grand Prairie sha11 be applied fxst to the past-due charges, if any, and thereafter to the current charges. 3.4. The first monthly billings will based on actual metered water use times a factor of .80, until the four months average de�cribed above in paragraph 3.1 can be determined. Readings from meters installed and used for the purpose of irrigation only shall not be used in the calculation of Fort Worth's wastewater volume. Afiter the four manths average has been established as provided for herein, the parties shall revi�w all bills wherein the volume was calculated using a factor of .80. Such bills shall be recalcixla�ed using th� established av�rage amd if the difference is more than $25.00, Grand Prairie shall refund to Fort Worth, or Fort Worth sha11 pay Grand Prairie such diff�rence. N. RATES, STRENGTH, AND MONITORINC 4.1 The rate to be charged hereunder for treatment of normal strength wastewater will be equal to tl�e rate that Grand Prairie pays the TRA far normai strength wastewater as defined in the contract between Grand Prairie and the TRA, as such rate may change fram time to time, toge�her with a$25.00 per month administrative fee. 4.2 A transportation charge of $Q.10 shall be assessed per 1,000 gallons. �uch charge shall be sub�eet to review every 5 years and adjusted par the consumer price index ("CPI"). The term "CPI" as referenced herein shall mean the annual average Consumer Price Index issued by the Bureau of Labor Statistics covering All Urban Consumers for the Dallas/Fort V�7orth, Tex�s region, or if this index ceases to be published, then a comparable index. 4.2 Grand Prairie shall include in the monthly bill any charges for excess stren`��i v�d��t� � and monitorin for avex-stren th wastewaier. The met�iodola used in calculat�n �c , �' g g gY � �� componenis of the bill are described herein and is acceptabl� to both cities. �� fniedwal A$ieement ; ��F�' Grand Preirie Fort Worth + Waslewater Collection and Treatmenl ' - — �1 Page 2 of S � � 4.4 Measurement of wastewater quality parameters as �et forth in Grand Prairie's pretreatment ordinances sha11 be conducted by Grand Prairie at the point of en�ry of Fort Worth flow into th� Grand Prairie collection system. �ort Worth shall meet ail requirements oi the appropriate reguiatory agencies having jurisdiction for the Industrial Pretreatment Program and make the appropriate payment andlor tal�e the appropriate enforcement or other actions required as a result of over strength fluws and/or pollutant contxibutions. 4.4 The charge #o Fort Worth far wastewater tkat exceeds 250 ml of BOD and/ar 250 rn1 SS shall be calculaied in the same manner that TRA calculates the charge to Grand Prairie for exceeding such limits, as same may change from time to time. 4.5 Each eity sha11 kave in effect and en.force an industrial waste ordinance in order to protect against treatment plant overloads and proc�ss disruptian and such shall be acceptable �o Federal and State agencies or Departments having Iawfui jurisdictian to set standards for waste discharge. V. IMPAGT FEES 5.1 Fort Worth vvill pay impact fees for new or enlarged connections made within the area that is served by Grand Parairie. The charge ta Fort Worth shall he equal to the charge that a custome� would have paid Grand Prai.rie if tbe new or enlarged connection had been made within Grand Prairie's jurisdic�ion. Payment of impact fees sha11 �e made an a quarterly basis, with the firsf payment, if any, being due 90 days following the execution of fhis agreernent. VI. OWNERSHIP AND LIABTLTTY 6.1 Liability for damages arising out of the transportation, delive�y, reception, treatment, and/or disposal of a11 wastewater discharged into the Grand Prairi� collection system shall remain in Fort Worth, together with title thereto, u�til such wastewater passes through the point of connection to the Grand Prairie collection systern, at which tims Iiability for such damage shall pass to Grand Prairie, save and except that title to any prohibited discharge and any liability therefore shall not pass to Grand Prairie unless such prahibited discharge originated in the Grand Prairie collection system. Further, to ttie extent perrnitted by lavw, �he parties hereto agree to indemnify, save and hold the other party harmless frorn any and all claims, demands, causes of action, damag�s, losses, costs, fines and expens�s, including reasonable attorney's fees, that n�ay be asserted by anyone at any tirne on account of the #ransportation, delivery, reception, treatment and/or disposal while title ta the wastewater is in such party. Nottung contained herein shall ever require either partSr hereto to assess, levy or collect any ta� ta fund this indernnification obligation. Grand Prairie agrees to maintain its collection system in gouc� candition and to make repairs in a timely manner. Fort Worth shall not have any responsibility or liabi.lity now or ever for the operatian of Grand Prairie's collection systern, excepi as agreed to in writing by the parties hereto. 6.2 Fort Warth agrees to ma�ntain its collection systern in good condition and to make repairs in a timely mann�er. Grand Prairie shall not have any responsibility or liability now �r ever for �e operation of the Fort ilVorth collection system, except as otherwise provided herein. - i : v f�,, - �Vvu�U InterlocalAgceement h �� t�� Grand Prairie Fort Warlh + �� '�i�� ` Wastewater Callection and Treatment 1 I Paga 3 of S � - _ . VII. GENERAL ADMI1�lI�TRATIVE PROCEDURES 7.1 No waiver by either party hereto of any term or condition af this agreement sha11 be deemed ar construed �o be a waiver of any other term or condition or subsequent waiver oithe sam� term or COilCliti1011, 7.2 In addition �o any other remedy as rnay be provided by law, this agreement shall be specifcally enforceable by ihe parties hereto. Venue fo:r any action shall be iu Tarrant County, Texas. 7.3 Yt is agreed that, in the eveni any term or provision herein contained is held to be invalid by any court of competent jurisdiction, tha invalidiry of such ter�n or provision sha11 in no way affect any other term or provision contained �erein; further, t�is agr�emant shall then continue as if such invalid term or provision had not been coniained herein. 7.3 Any notice, coinmunication, request, reply or advice herein provided ar p�rmitted to be given, made or accepted by either pariy to the other parry shall be in writing to: City of Fort Worth: City of Grand Prairie: Water Direcior City of Fort Worth 1�Q0 Th�rockmorton Fort Worth, Texas 76102 Public Warks/Utility Director City of Grand Prairie P. O. Box 534�45 Grand Prairie, Texas 75053-4Q45 The parties hereto shall indica�e in writiag any change that may oecur in such respective addresses from time to time. '1.4 No provision of this agreemen� shall be construed to create any type af joint ar equity ownership of any property, any pa�inership or joint venture, nor sha11 same create any other rights or liabiliti�s and C�,istomer payments (whether past, present, or future} wi11 not be consirued as granting Custom�r partial ownership of, pre-paid capacity in, or equity in the Fort Worth �ystem. 7.5 This agreement is subject ta all applicable federal and state laws, orders, rules, and regulation, tagether with ordinances of Grand Pra:�i.e and Fart Worth, but nothing contained herem shall be construed as a waiver of any right to question or contest any such law, ordinance, order, rule or regulation in any forum having jurisdiction. 7.6 This Agreement shall become effective on the daie thai wast�water generated within Fort Wortb. is disc�arged into the Grand Prairie collection system. Inierlocal Agreement Grand Crairie Fort Worth Wastewater CoUecGon aad �'reatmcnt Page 4 of 5 �I��W� ��i��i �� A�� g��. Executed this �¢� day of � � , 2Q03. ATTEST: ecretary City of Grand Prairie . � f� �% By: �r� n �p � � ��'7 /� A Tom Hart, City Manager �� Approved a� to form and legality: -, � - - � ,� - ` �� 1 i 6- �L�� s City Attorney AT�ST: ��/////y�/� r I - '/R// �/f . l .� - . ... \ '` �C� � J _ _ r' Gloria Pears�City Secretary � � Approved as to fnrrn and legality: �� Assistant City AtEorney � , eontract P�uthorizat�o� p��:e City o ort Worth B� f Marc Qtt, ssi � Inlerlocal Agreament Gra�d Prairie Fort Worth Wastewater Cotleclion and Treatment Page 5 of 5 I :� J�'� �{'�l�V �'u � �� , °��i�, ��. s � � f ' • . , �PpR.� � � - { . . . �ENT op�1 EN T i:� � �� ,Nrn �t,�. � _ , 1rL �� PROPosEn rRfrrrrr a�.vo �. DE�G ��§ � ` � - - - - - � � ' - - --J _ .. TA1N1T'Y Rd$WAY ,€ , € . i ' .� � f:CAftE53 17.ilU7AAD ! - - -. . . { -- - � . ' _ _.. _ } � j 1 • ' � . �� f _ .. ..,- i _ � , . 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' � ' ^ ^'. pRL1P03E0 50" S�NRARY SEWER I . . � - pLI5T1?IG SAHFTAR! 3E1YER . � ''- • � � � EXNlBI7.;"�.`�� ' � SAN�7ARY S�V�iER-LAYOUT i - . � • WAT�R A�ID SANITARY S�W�R • 7MPROVEMENTS FOR � . i .�{ - ' � . TRINITY �BLVD. � , � RIVERPaRK INDUSTRIAL DEVELQPMENT - 4:�PROJ-ft14�SEE611S4�CAD�CFA�RIVERPARK�PVFAT-W-SS�CFA�SS-LAYZ.DWG i I ; ;� � � , �� . � .��. �iiy of Fo�i b�o�rth9 T'exas ��r �� r�� l ��r,�t�u��;c�rt�� DATE REFERENCE NUMBER LOG IVAME PAGE 3i25103 **�� g�24, 60PRAlRIE . 1 of 1 s�us��cr INTERI.00Al. AGREEMENT W�TH THE CiTY OF �RAND P�Aa�I� FOR WASTEWATER SERViCE�TO THE CENTREPORT AREA - RIVERPARK fi�iDU5TRIA� DEVELDPMENT RECOMMENDATION: It is recommended ihat the Ciiy Cvuncil authorize t�e Ciiy Manager to execut� an lnterlocal Agreement with the City of Grand Prairie to pravide wastewater service to the CentrePort area located in Fart wortn. . o�scussiorv: The Ri�erpar�C indus#rial De�elopment is proposed along Trir�ity Boulevard, �vhere it connacts to Roy �Jrr Boulevard in Grand Prairie iR east Fort Worth. The most effecii�e way ta pro�ide wastewater �ervice is by connecting the de�elopment to the Grand Prairie eoliec#ivn system. The City of Grand �'�airie ��s agreed to pro�ide wastewater service #hrough their existing contract with the Trinity River �u�hority. Und�r the provisions of this Interfacal Agreement, Fort Worth will pay Grand Prairie a trartspar�atian charge of $0.4011,OQ0 gallons fior use of their collec#ion system and th� #reatment cos# charged by the Triniiy. Ri�er Autharity for the same �olume of wastewater. This de�elopment is locateci in COUNCIL DISTRICT �. F15CAL 1NFORMATE4NICERTIFICATfON: The Finance Directar certi�es that this action will haue no material effect �� City funds. MO:r Submitted for City Manxger's Of�ice by: I FUND � ACCOUNT I CENTER � ��n} � 847b � $207 � (from) � 8207 I ` I AMOUNT CITY SECRETARY Marc Oit Originating DeparEment Head: Maebell �rown lActin�l Addifianal fnformation Contact: lblaebcll ]3rpwn (t1c[ingj - —� � � � APPAOVED 3/25/Q3 �O� G'Yu�� V . , � � � �' � r� ' [� � � ?��, X �S Apri17, 2003 City of Fort Worth Water Department Frank Crwnb, P.E. 1000 Thockmorton St�'eet Fort Worth, Texas 76142 Re: Grand Prairie/Fort VVorth InterZocal Wastewater Agreement Dear Frank: Enclosed are 6 signed originals of the Grand Prairie/Fort Worth Interlacal Wastewater Agreement. Please e�cecute the agreements and return 2 originals to ine for our files. If yau have any questions, please contact me. Sincere , �— Ron McCuller Public Works Director RM/td Enclosur�s DEPAIt"CMENT OP PUBLIC W�RKS P.C}. BOX 53�Q45 GRAND PRAIRIE�, TEXAS 75053-4045 972i237-8i 54 FAa 9721237-S11G