HomeMy WebLinkAboutContract 6593CITY S7CRETArC.
CONTRACT.
CONTRACT FOR CONSTRUCTION OF
SOUTHSIDE COLLECTOR SEWER MAIN IN FOREST HILL
BETWEEN THE
CITY OF. FOREST HILL, TEXAS
AND:THE
CITY OF FORT WORTH, TEXAS
THE STATE OF TEXAS
COUNTY OF TARRANT
THIS CONTRACT AND AGREEMENT made and entered into
this 1,`) day of
19 /70, by and be-
tween the City of Forest Hill, a municipal corporation
located, in Tarrant County, Texas, acting by and through
its duly authorized Mayor, and the City of Fort Worth,
a municipal corporation located in Tarrant County,
Texas, acting by and through its duly authorized. City
Manager.
W I T N E S S E T H:
WHEREAS, the City of Forest Hill has built and in-
tends to build or cause to be built a sanitary sewerage
system including interceptor or collector lines, mains,
sub -mains, laterals, and other appurtenances for the
purpose of collecting sewage and other acceptable wastes
and transporting same away from the premises; and,
WHEREAS, said City in the performance of a govern-
mental function maintains and will maintain said lines
and facilities as its sanitary sewerage system; and,
WHEREAS, the City of Fort Worth has constructed or
will construct sanitary sewerage facilities within the
limits of its own municipality; and
WHEREAS, the City of Fort Worth desires to connect •
such sanitary sewerage facilities to those of the City
of Forest Hill at a point or points on the Southside
Collector Sewer Main of the City of Forest Hill; and,
WHEREAS, the City of Forest Hill, for and in
consideration of the covenants and agreements hereinafer
contained, is willing to accept the sewage from the lines
of the City of Fort Worth into its own sewer lines at a
point or points of connection hereinafter described and
to transport said sewage in the same manner that sewage
from within the limits of the City of Forest Hill is
transported_
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That for and in consideration of the execution and
performance of the mutual covenants herein set forth, the
City of Forest Hill and the City of Fort Worth do hereby
covenant and agree as follows:
(a)
1.
SANITARY SEWERAGE SYSTEM CONSTRUCTION.
The City of Forest Hill, Texas, will construct
the Southside Collector Sewer Main from its
connection with the existing City of Fort
Worth thirty-six (36") inch sewer main near
Village Creek to the west city limits of the
City of Forest Hill, as shown on Exhibit "A".
The construction contract will provide that
the contractor shall indemnify the City 'of
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the right to review these plans and speci-
fications both during preparation and prior
to contract award by the City of Forest Hill.
Final project plans and specifications will
require the approval of both the City of
Fort Worth and. the City of Forest Hill.
(d) The total project cost of the Southside
Collector Sewer Main, less any grant received,
shall be shared by the parties hereto as
follows:
(i) Per cent of total project cost to be
paid by Forest Hill -- 38.52%
(ii) Per cent of total project cost to be
paid by Fort Worth -- 61.48%
The total project cost shall include the
costs of construction, rights of way, engineer-
ing design, surveying and construction super-
vision and miscellaneous costs directly charge-
able to the project.
The City of Fort Worth covenants and agrees
to pay fifty per cent (50%) of its share of the
estimated project cost of these main facilities
to the City of Forest Hill within fifteen (15)
calendar days after the construction contract
therefor has been awarded by the City Council
of Forest Hill and covenants and'agrees to
pay the remainder of its share of the total
(c)
Forest Hill and the City of Fort Worth from
and against all claims for damages or in-
juries to persons or property arising out
of or incident to the project, and the
contractor shall be required to furnish
payment, performance and maintenance bonds
as required by law and/or the customary
procedures of either City. The construc-
tion contract will not be awarded nor
finally executed without the written ap-
proval of the City of Fort Worth, but the
City of Fort Worth shall not be a party
thereto.
(b) It is agreed that the City of Forest Hill
will make application to the Texas Water
Quality Board for a grant under the terms
of Public Law 660. A1l'obligations and
responsibilities of either party, with the
exception of payment of engineering fees
hereto, are expressly contingent upon the
obtaining of such a grant by the City of
Forest Hill to assist in financing of said
project, same being a condition precedent
to any such liability hereunder by either
party.
The City of Forest Hill will provide the
necessary engineering plans and specifica-
tions. The City of Fort Worth will have
3
project cost within thirty (30) calendar
days after the project has been completed,
approved and accepted by the City Council
of the City of Forest Hill (and approved
bythe:Director of. the Fort Worth Water
Department) and the total project costs
have been determined.
The Southside Collector Sewer Main with-
in the City limits of the City of Forest Hill
shall be totally owned by the City of Forest
Hill, but the City of Fort Worth shall have
and is hereby granted the perpetual and ir-
revocable right to use not less than 81.5% of
the capacity of the main from point "A" to
point "B" on Exhibit A; 59.9% of the capacity
of the main from point "B" to point "C" on
Exhibit A; and 40.6% of the capacity of the
main from point "C" to point "D" on Exhibit
A; which said Exhibit is hereby incorporated
herein by reference for all purposes.
(e) Project inspection is to be the responsibility
of the City of Forest Hill. The City of Fort
Worth shall have the right to conduct project
inspections during construction to verify
compliance with existing project plans and
specifications, and to require correction of
any variations from approved plans and
specifications before payment is made to the
-5-
(f)
contractor for any work found not to be in
compliance with such plans and specifications.
In this regard, final payment to the con-
tractor shall not be made until the project•
is approved as complete by the Director of
the Fort Worth Water Department, and such
final payment shall be in an amount of not
less than 10 per cent of the construction
contract cost, sufficient funds having been
retained for this purpose from prior payments
by the City of Forest Hill.
The City of Forest Hill agrees to proceed with
diligence with regard to construction of the
Southside Collector Sewer Main through the City
of Forest Hill so that the facility may be
placed in operation without undue delay.
MAINTENANCE OF SANITARY SEWERAGE SYSTEMS
The City of Forest Hill shall be responsible for nor-
mal operation and maintenance of the Southside Collector
Sewer Main within the City of Forest Hill. The City of
Forest Hill shall pay one hundred per cent (100%) of
normal maintenance. Major maintenance required by the
Southside Collector Sewer Main shall be the responsibility
of both the City of Forest Hill and the City of Fort Worth,
with costs involved to be shared on the same basis as
original project construction costs. Major maintenance
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shall be defined as that maintenance requiring the re-
placement of fifty (50') feet or more of sanitary sewer
pipe because of actual or impending structural failure.
The initiation of major maintenance will require the
approval of both the City of Fort Worth and the City of
Forest Hill.
3.
As a further consideration of the City of Fort
Worth's participation in the cost of the Southside
Collector Sewer through the City of Forest Hill, it is
agreed that the contract designated by the City Secretary
of the City of Fort Worth as Contract No. 4936, relating
to provision of sanitary sewer service by the City of
Fort Worth to the City of Forest Hill and by the City of
Forest Hill to the City of Fort Worth, shall be amended
so that the last two sentences of Article 3, paragraph
"A. Charge Rates," shall read thereafter as follows:
"The charge rate for each residential con-
nection is $0.3499 per month. The charge
rate per 1000 gallons of sewage handled is
$0.0333."
Whenever else in Contract No. 4936 the charge rate per con-
nection or the charge rate per thousand gallons of sewage
handled may appear, they shall be construed to have been
altered to read as stated above.
The amended charge rates relate to the transport-
ing facilities rental charge and transporting facilities
operation and maintenance charge only. After this amend-
ment becomes effective, the City of Forest Hill shall make
no charge to the City of Fort Worth for treating facility
rental or treating facility operation and maintenance.
This amendment to Contract No. 4936 shall become effective
on the first day of the month following the date of payment
by the City of Fort Worth of the remainder of its share of
the cost of constructing the Southside Collector Sewer, as
provided under Article 1, paragraph (d) hereinabove.
EXECUTED this:the day of
19 r)()
ATTEST: (Seal)
City ScretarY
CITY OF FOREST HILL
By:frf
APPROVED AS TO FORM AND L G TY:
City Attorney
By:.
ATTEST: (Seal)
y Secretary
CITY OF FORT WORTH
rfr:
/y ,04201:a
H. D. McMahan
APPROVED AS TO FORM AND LEGALITY: APPROVAL RECOMMENDED:
City Attorney lioii.-ecto of Ft Worth
Water Department
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EXHIBIT A
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City of Fort Worth, Texas
Mayor and Council Com unico0
DATE•
-
12/,14/70
REFERENCE
.NUMBER
Cv1883
SUBJECT: Initial Payment on Contract with
the City of Forest Hill for Construction
of South Side Collector Sewer
PAGE
1 of 2
0n July 13, 1970 (M&C C-1785), the City Council approved Contract No. 6593
between the City of Fort Worth and the City of Forest Hill. This contract
provided for joint participation in the cost of a sanitary sewer, designated
as the Forest Hill -South Side Collector Main, with the City of Fort Worth
to pay 61.48 per cent of the project cost.
Award of Contract
The City of Forest Hill prepared project plans and specifications and received
bids on October 23, 1970. Eight bids were received on this project with the
lowest being submitted by Grady W. Collins for $124,498.65. The City of
Forest Hill awarded a contract to Grady W. Collins on the basis of the low bid
submitted, subject to concurrence by the Federal Water Pollution Control Ad-
ministration. By letter dated November 17, 1970, the Federal Water Pollution.
Control Administration authorized the City of Forest Hill to award the con-
tract to Grady W. Collins.
Project Financing
Under the terms of Contract No. 6593 with the City of Forest Hill, fifty per
cent of the City of Fort Worth's share of the project cost, including engin-
eering, right-of-way costs and other pertinent .project costs, is due within_
fifteen days following the date of award of the construction contract by the
City of Forest Hill. The remainder of the City of Fort Worth's cost will be
due within 30 days after the completed project has been accepted.
0n November 24, 1970, the City of Forest Hill requested payment by the City
of.Fort North in the amount of $24,096.53. The amount of the payment due at
this time is computed as follows:
Construction Contract (Grady W. Collins)
Engineering Cost to Date
Right -of -Way Cost to Date
$124,498.65
8,036.76
1,622:81
Sub -Total Project Cost to Date $134,158.22
Less Anticipated Federal Grant 55,770.00.
Net Project Cost to Date to be
divided between Fort Worth
and Forest Hill
Fort Worth Project Cost to Date
(50% of 61.48% of $78,388.2
It will be necessary to provide funds for the City of Fort Worth's share of
$ 78,388.22
$ 24,096.53
DATE
12/14/70
REFERENCE
NUMBER
C-1883
SUBJECT: Initial Payment on Contract with
the City of.Forest Hill for Construction
of South Side Collector Sewer
this sanitary sewer project .cos
ing costs, adnfinis trative costs
from Account No. 106-14000-901,
No. 106-14000-5432, "South Side
Recommendations
Itis recommended that:
PAGE
2 of .2
t, including subsequent construc ion engineer-
, etc, estimated. to be.,$60,000,,, y transfer
"Unspecified Projects", to Account
Collector Sewer.- Forest Hill."
1) A bond fund transfer in the amount of $60,000 be approved from
Account No. 106-14000-901, "Unspecified Projects",.to Account
No. 106-14000-5432, "South Side Collector Sewer - Forest Hill".
2) Initial payment in the amount of $24,096.53 be authorized to the
City of Forest Hill.
3) The City Manager be authorized to make final payment when the work
is completed and accepted.
HDMfje
DISPOSITIOI'BY COUNCIL:
APPROVED
❑ OTHER (DESCRIBE)
PROCESSED BY
CITY SECRETARY
DATE
CITY MANAGER