HomeMy WebLinkAboutContract 6216CONTRACT FOR CONSTRUCTION OF
FARMER'S BRANCH OUTFALL SEWER MAIN
BETWEEN THE
CITY OF WHITE SETTLEMENT, TEXAS
AND THE
CITY OF FORT WORTH, TEXAS
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THE STATE OF TEXAS ) OFFICIAL HURD
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COUNTY OF TARRANT )
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THIS CONTRACT AND AGREEMENT made and entered into this 25th
day of February , 19 69 , by and between the City
of White Settlement, 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 White Settlement has built and intends 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 governmental 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 White Settlement at a point or
points on the Farmer's Branch Collector Sewer Main of the City of White
Settlement; and,
WHEREAS, the City of White Settlement, for and in consideration of the
covenants and agreements hereinafter 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 White
Settlement 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 White Settlement and the
City of Fort Worth do hereby covenant and agree as follows:
-1-
1.
SANITARY SEWERAGE SYSTEM CONSTRUCTION
(a) The City of White Settlement, Texas, will construct the Farmer's
Branch Outfall Sewer Main from its connection with the existing twenty-four
(24") inch sewer main under Carswell Air Force Base to the west city limits
of the City of White Settlement, as shown on Exhibit "A", with the western
part of the line to consist of two eighteen (18") inch sewer mains unless
detailed engineering data dictate alternate mutually agreeable main sizes
approved as specified in Section I, subsection C, below.
(b) It is agreed that the City of White Settlement will make
application to the State Health Department for a grant under the terms of
Public Law 660. All 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 White Settlement to assist
in financing of said project same being a condition precedent to any such
liability hereunder by either party.
(c) The City of White Settlement will provide the necessary engi-
neering plans and specifications. The City of Fort Worth will have the right
to review these plans and specifications both during preparation and prior to
contract award by the City of White Settlement. Final project plans and speci-
fications will require the approval of both the City of Fort Worth and the
City of White Settlement.
(d) The total project cost of Farmer's Branch Outfall Sewer Main
including its two branches, less any grant payments received, shall be
shared by the parties hereto as follows:
Preliminary cost participation computation using a minimum Fort
Worth contributing area of. 2,565 acres yield the following cost participation:
(i) Percent of total project cost to be paid by White
Settlement -- not greater than -- 27.76%
(ii) Percent of total project cost to be paid by Fort
Worth -- not less than -- 72.24%
The City of Fort Worth during its review of preliminary project
engineering plans will review the sewer main design and may at that time enlarge
their contributing area dependent upon the requirements of the City of Fort
Worth. Final project cost participation shall be computed, using the final
Fort Worth contributing area and in accordance with the procedure developed
and followed to compute the preliminary project cost participation. This
procedure is shown in Exhibit "B", attached and made a part of this contract
and is based on the engineering report concerning the Farmer's Branch Outfall
sewer main prepared by Carter and Burgess Engineers in May 1968.
The total project cost shall include the costs of construction, rights
of way, engineering design, surveying and construction supervision and mis-
cellaneous costs directly chargeable to the project.
The City of Fort Worth covenants and agrees to pay fifty percent
(50%) of its share of the estimated project cost of these main facilities to
the City of White Settlement within fifteen (15) calendar days after the
construction contract therefore has been awarded by the City Council of White
Settlement and covenants and agrees to pay the remainder of its share of the
total project cost within thirty (30) calendar days after the project has been
completed, approved and accepted by the City Council of the City of White
Settlement and the total project costs have been determined. The Farmer's
Branch Outfall Sewer Main being within the City limits of the City of White
Settlement shall be totally owned by the City of White Settlement subject
however to the perpetual and irrevocable right in the City of Fort Worth to
the use of not less than 100.00% (percent) of the total design capacity at the
point(s) of connection of the Farmer's Branch Outfall Sewer Main to be con-
structed in connection herewith, such connection or connections to be at
the western city limits of the City of White Settlement.
(e) Project inspection is to be the responsibility of the City
of White Settlement. The City of Fort Worth is to 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 con-
tractor for any work found not to be in compliance with such plans and
specifications. In this regard, final payment to the contractor 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 percent of the project cost.
(f) The City of White Settlement agrees to proceed with diligence
with regard to construction of the Farmer's Branch Outfall Sewer Main so that
the facility may be placed in operation# without undue delay.
2.
MAINTENANCE OF SANITARY SEWERAGE SYSTEMS
The City of White Settlement is to be responsible for normal opera-
tion and maintenance of the Farmer's Branch Outfall Sewer Main within the
City of White Settlement. The City of White Settlement will pay one hundred
percent (100%) of normal maintenance. Major maintenance required by the
Farmer's Branch Outfall Main is to be the responsibility of both the City of
White Settlement and the City of Fort Worth with costs involved to be shared
on the same basis as original project construction costs. Major maintenance
is to be defined as that maintenance requiring the replacement 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 White Settlement.
3.
This contract is not intended to and shall not be construed as
amending any existing contracts between the parties. All work performed
hereunder shall be in compliance with applicable provisions of all Federal,
State or local laws, statutes, charters and ordinances.
-3-
EXECUTED this the 25th day of February A.D., 19 69
CITY OF WHITE SETTLEMENT
BY:
W YNE f RT, MAYOR
ATTEST: (Seal)
J11144110 / cvwv
TRANCES COLWELL, CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
"O�; - zo y '/
HEMY E. KERPV, CITY ATTORNEY
EXECUTED this the 17th day of February A.D., 19 69
;ATTE2ST:1,eal)
RT B MAN, CIT CRETARY
APPROVED AS TO FORM AND LEGALITY:
10•ro4u4e/
S. G. JOHNDROE, JR., CITY ATTORNEY
APPROVAL RECOMMENDED:
W. R. HARDY, DIRECTOR, W WORTH
WATER DEPL ENT
CITY OF FO T WORTH
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BY:2d�%!s I
1
11. D. McMAHAN
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City of Fort Worth, Texas � a
Mayor and Council Communication).
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DATE REFERENCE SUBJECT: Proposed Agreement - West Fork PAGE
NUMBER Collector Sewer, Unit VI, Construction
1 °f 2
2/17/69 C-1410
Contract with City of White Settlement
On October 27, 1961, the City Council approved a contract whereby the City
of Fort Worth provides sanitary sewer service to the City of White Settlement
(M&C WI-34). The collector sewer main which discharges into the City of Fort
Worth system has become overloaded and it is necessary that it be replaced by
the City of White Settlement.
In order for the City of Fort Worth to provide sanitary sewer service to that
portion of the City which is west of White Settlement, it will be necessary to
extend the West Fork Collector Sewer, Unit VI, through the City of White
Settlement. The 1969 Capital Improvement Program (CIP C-47) provides funds
for the construction of the West Fork Collector Sewer, Unit VI, if arrange-
ments can be made for the City of White Settlement to finance its share of
the construction cost.
An agreement has been prepared which provides for the construction of the West
Fork Collector Sewer, Unit VI, with each city paying a proportionate share of
the cost based on the size of the drainage area to be served. The proposed
agreement has been approved by the City Council of White Settlement. A pre-
liminary cost estimate of the project is $255,000.
The proposed agreement contains the following major provisions:
1) The City of White Settlement will construct the Farmer's Branch
Outfall Sewer Main (West Fork Collector Sewer, Unit VI) from
a connection with the City of Fort Worth main located near the
east boundary of White Settlement to the west city limits of
White Settlement.
2) The City of White Settlement will make application to the State
of Texas for a grant under terms of Public Law 660, to aid in
the financing of the project.
3) The City of White Settlement will provide plans and specifications
subject to the approval of the City of Fort Worth.
4) The preliminary cost participation provides for the City of White
Settlement to pay not more than 27.76 per cent of the total project
cost and the City of Fort Worth to pay not less than 72.24 per cent
of the project cost. It is agreed that after preliminary engineer-
ing plans have been prepared that the final project cost participa-
tion shall be based on the final computation of the size of the
Fort Worth contributing area. The City of Fort Worth agrees to
pay 50 per cent of its share of the project cost within 15 days after
the construction award has been made by the City Council of White
Settlement and to pay the remainder of its share of the total project
cost within 30 days after the project has been completed and accepted
by the City Council of White Settlement. The sewer main which will
be jointly financed by the two cities but constructed by the City of
DATE REFERENCE SUBJECT: Proposed Agreement - West Fork PAGE
NUMBER Collector Sewer, Unit VI, Construction 2 of 2
2/17/69 C-1410 Contract with City of White Settlement
White Settlement will be owned by the City of White Settlement subject
to the perpetual and irrevocable right of the City of Fort Worth to
use not less than 100 per cent of the total design capacity at the
points of connection at the western city limits of White Settlement.
5) The City of White. Settlement will provide project inspection but the
City of Fort Worth has the right to conduct inspections during con-
struction to determine compliance with approved plans and specifica-
tions and to require correction of any deviations from the plans and
specifications. Final payment to the contractor shall not be made
until the project is approved as complete by the Director of the Fort
Worth Water Department.
6) The City of White Settlement will be responsible for maintenance of the
West Fork Collector Sewer, Unit VI(Farmer's Branch Collector) at its
full expense except that the City of Fort Worth will participate in
the cost of major maintenance. Major maintenance is defined as
maintenance requiring the replacement of 50 feet or more of pipe be-
cause of actual or impending structural failure. Such major mainte-
nance will require the approval of both cities before the work is
done.
This project will make sanitary sewer service available to an area of the City
not presently receiving this service and the joint participation with the City
of White Settlement will result in savings on the project cost for the City of
Fort Worth.
Recommendation
It is recommended that the City Manager be authorized to execute the proposed
contract with the City of White Settlement to construct the West Fork Collector
Sewer, Unit VI (Farmer's Branch Collector Sewer).
HDM:ms
Attach.
SUBMITTED BY:
yllow
CITY MANAGER
DISPOSITION BY COUNCIL:
❑ APPROVED ❑ OTHER (DESCRIBE)
PROCESSED BY
CITY SECRETARY
DATE