Loading...
HomeMy WebLinkAboutContract 9727CONTRACT FOR CONSTRUCTION OF WATER SUPPLY MAIN TO SERVE NORTH RICHLAND HILLS STATE OF TEXAS X COUNTY OF TARRANT X This CONTRACT AND AGREEMENT is made and entered into this _day of �`,l �; C l , 1978, by and between the City of Fort Worth, a home -rule municipal corporation located in Tarrant County, Texas, acting by and through its duly authorized City Manager, M. C. Matson, and the City of North Richland Hills, a municipal corporation located in Tarrant County, Texas, acting by and through its duly authorized Mayor, roNl /_ 1Ve_ tt1114 1,J/ W I T N E S S E T H Whereas, the City of Fort Worth and the City of North Richland Hills entered into that certain contract designated by the City Secretary of'the City of Fort Worth as City Secretary Contract No. 4947, under which the City of Fort Worth agreed to furnish and sell treated water to the City of North Richland Hills at the point or points of delivery mutually agreed upon; and Whereas, the City of North Richland Bills desires to•receive a supply of water at its water pump station site on the north side of the Smithfield -Watauga Road approximately one mile east of the intersection of Beach Street and Smithfield -Watauga Road; and Whereas, the City of. North Richland Hills desires to construct a 16-inch water transmission main, extending east in Smithfield - Watauga Road from connection to the existing City of Fort Worth 24-inch main stub -out at the intersection of Beach Street and Smithfield -Watauga Road to the proposed North Richland Hills pump station site; and Whereas, the City of Fort Worth wishes to provide water transmission main capacity for future development in its extra- territorial jurisdiction lying north of Smithfield -Watauga Road and east of Beach Street by paying the incremental cost of enlarg- ing the proposed North Richland Hills 16-inch water transmission main from a 16-inch to a 24-inch main; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That for and in consideration of the execution and performance of the mutual promises and covenants herein set forth, the City of Fort Worth, hereinafter referred to as "Fort Worth," and the City of North Richland Hills, hereinafter referred to as "North Richland Hills," do hereby covenant and agree as follows: TERMS AND CONDITIONS North Richland Hills agrees to provide plans and specifica- tions for construction of a 24-inch water transmission main ex- tending east in Smithfield -Watauga Road, from connection to the existing Fort Worth 24-inch main stub -out at Beach Street to the North Richland Hills pump station site, a distance of approxi- mately 5,250 feet, as well as a 16-inch main segment connecting the 24-inch main to a meter to be located within the North Richland Hills pump station site, such plans and specifications to be subject to approval by the Director of the Fort Worth Water Department as fully conforming to Fort Worth Water Department General Specifications, as modified to meet specific project requirements by appropriate Special Conditions approved by the Di.rect.or. North Richland Hills agrees to advertise the water transmission main project for public bids and award a contract for its construc- tion, all in accord with its customary procedures and state laws relating to such projects, and to pay the contractor for its construction on the basis of estimates prepared and approved for payment by the Director of the Fort Worth Water Department. Fort Worth agrees to pay to North Richland Hills an amount equal to, but not to exceed the sum of $47,200 as the evaluated extra cost of the construction of the 24-inch/16-inch water trans- mission main described above, in lieu of the 16-inch size main required to meet North Richland Hills requirements alone. in addition, Fort Worth agrees to provide all necessary construction engineering without cost to North Richland Mills, including construction staking, inspection and "as -built" plan preparation. North Richland Hills agrees to pay all other project costs for construction of the 24-inch/16-inch main as described above. Pay- ment of the City of Fort Worth's $47,200 cost will be due in two equal installments, one-half at the time of contract award by North Richland Hills and the balance coincident with the approval of final payment on the project by the Director of the Fort Worth Water Department. -2- Fort Worth and North Richland Hills agree that Fort Worth will own, operate and maintain the 24-inch main to be constructed in Smithfield -Watauga Road under this agreement, as described above, as well as the 16-inch main segment connecting the 24-inch main to the meter to be located on the North Richland Hills pump station site, which meter will be considered the point of delivery of water to North Richland Hills. North Richland Hills covenants and agrees to, and does hereby defend and hold harmless the City of Fort Worth, its officers, agents, servants and employees from and against any and all claims or suits for property damage or loss and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connec- tion with the construction and installation of the 24-inch/16-inch water transmission main described above; and North Richland Hills hereby assumes all liability and responsibility for any such claims or suits resulting therefrom. North Richland Hills, in addition to its duties and respon- sibilities under City Secretary Contract No. 4947, hereby assumes„ accepts, adopts and agrees to perform all those certain duties and responsibilities which the Tarrant. County Water Supply corpora- tion covenanted and agreed to perform under City Secretary Contract No. 4947. It is expressly understood and agreed by and between the parties hereto that all provisions, covenants, recitals, terms and conditions contained in City Secretary Contract No. 4947 shall remain unchanged and in full force and effect, and shall apply to all matters contained in and related to this contract and agreer-aent; and that this contract and agreement is hereby expressly incorporated into, made cumulative of and supplementary to said City Secretary Contract No. 4947. -3- IN TESTIMONY WHEREOF, after proper action by the respective governing bodies for the parties hereto, we have caused these presents to be executed in quadruplicate copies, each of which is considered to be an original, and the seals of the respective parties to be hereto affixed on the date above written. CITY OF FORT WORTH ATTEST: - , By -- Jack,W. Green, City Secretary City Manager APPROVED AS TO FORM AND LEGALITY: City Attorney APPROVAL RECOMMENDED: J. L. Robinson, Director Fort Worth Water Department ATTEST: ?tyeS'ecretary APPROVED AS TO FORM AND LEGALITY: - . 67-1 6 44&4 M ei City Attorney City of Fort Worth 7 CITY OF NORTH RICHLAND HILLS