HomeMy WebLinkAboutContract 29704 2-4-04
Page Iof4 03-24-04A�,10 :08 RCVD
Interlocal Acireement between the CITY SECRETARY
City of Fort Worth and the City of BenbrookCpNTRACT NO . Vq
STATE OF TEXAS §
§ WALNUT CREEK SANITARY SEWER
INTERCEPTOR
COUNTY OF TARRANT §
This Agreement is entered into this` lay of , 2004, between the City
of Benbrook, acting by and through Cary Conklin, its duly authorized City Manager,
hereinafter referred to as "Benbrook", and the City of Fort Worth, acting by and through
Marc Ott, its duly authorized Assistant City Manager hereinafter referred to as "Fort
Worth", both of Tarrant County, State of Texas.
WHEREAS, this Agreement is made under the authority of Sections 791.001 -
791.029, Texas Government Code; and
WHEREAS, each governing body, in performing governmental functions or in
paying for 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, each governing body agrees to share in the cost of the services as
stated below.
NOW THEREFORE, Benbrook and Fort Worth agree as follows:
1. Design of the Walnut Creek Sanitary Sewer Interceptor and
Appurtenances (the "Project'). Fort Worth shall be responsible for
entering into a professional contract with an engineer licensed in the state of
Texas for the design of the Walnut Creek Sanitary Sewer Interceptor,
hereinafter referred to as the "Interceptor", from its point of connection with
the existing Fort Worth Mary's Creek Interceptor to a point near the west
right-of-way line of Interstate 20, and the design of all necessary
appurtenances include manholes and air vent(s). Appurtenances specifically
exclude connecting sewer lines and metering stations within the jurisdiction of
Benbrook that connect Benbrook's collection system to the Interceptor. It is
expected that the Interceptor will be 36-inches in diameter, extend
approximately 5,470 feet. It is further anticipated that the design cost and
construction cost of the Project will be approximately $1,391,163, with
approximately $908,136 being Benbrook's responsibility and $483,027 being
Fort Worth's responsibility. The project will be designed to enable the
preparation of a construction contract that will permit the assignment of costs
to each party. In addition, the design contract will be structured in manner
that allows the design professional to segregate the design costs. Fort Worth
and Benbrook shall share in the cost of the design in accordance with
Paragraph 6 below.
2. Easement acquisition. Each party hereto shall be responsible for 100% of
the cost of all required easements within their respective city limits. Fort
Worth shall not be responsible to Benbrook for costs associated with
easement acquisition within Benbrook's city limits. BenMtINAL
responsible to Fort Worth for costs associated with ea
U.
within Fort Worth's city limits.
2-4-04
Page 2 of 4
3. Award of Construction Contract. Fort Worth shall be responsible for the
award of a construction contract for the Interceptor. Fort Worth shall also be
responsible for inspection of the Project. Fort Worth and Benbrook shall
share in the costs of construction and inspection in accordance with
Paragraph 6 below.
4. Operation and Maintenance. Fort Worth shall be responsible for the
maintenance and operation of that portion of the Interceptor located between
Points A and C as shown on Exhibit "A". Fort Worth shall also be responsible
for the operation and maintenance of the appurtenances. Fort Worth shall
never be responsible for any costs associated with the operation and
maintenance of any connecting sewer lines that serve developments within
Benbrook's city limits. Fort Worth shall allow maximum four (4) connections
with metering stations to the Walnut Creek Sewer Interceptor from Benbrook
as shown on Exhibit "A".
5. Cost. It is anticipated that the cost of construction and inspection of the
Interceptor and appurtenances will not exceed $1,391,163. If the bids
received by Fort Worth for the construction of the Facility exceed $1,391,163,
the parties shall either abandon this agreement or agree by amendment to
the higher construction cost.
6. Sharing of Project costs. The Project costs shall be shared as follows:
(a) Fort Worth shall be responsible for all costs for design, construction and
inspection of the Interceptor from Point A to Point B as shown on Exhibit "A".
(b) Benbrook shall be responsible for all costs for design and construction of
the Interceptor from Point B to Point C as shown on Exhibit "A". In addition,
Benbrook shall pay 2% of the cost of constructing the Interceptor from Point
B to Point C as inspection fees.
(c) Benbrook shall be responsible for all costs of the metering station to be
constructed at Point B as shown on Exhibit A, together with all appurtenances
thereto, including but not limited to telemetry equipment.
7. Payment.
(a) After negotiating an engineering contract, Fort Worth shall notify
Benbrook in writing with a recommendation for award of the design
contract. Benbrook shall remit its share of the cost as stated in paragraph
6 above within 30 days after receiving notification. No award of contract
by Fort Worth shall be made until Benbrook pays its share of the cost to
Fort Worth.
(b) After receiving bids for the construction of the Interceptor and
appurtenances, Fort Worth shall notify Benbrook in writing with a
recommendation for award of the contract. Benbrook shall remit its share
of the cost as stated in paragraph 6 above within 30 days after receiving
notification. No award of contract by Fort Worth shall be made until
Benbrook pays its share of the cost to Fort Worth.
8. Effect of Agreement.
(a) Nothing in the performance of this Agreement shall impose any liability for
claims against either Fort Worth or Benbrook other.- for which
the Texas Tort Claims Act may impose liability. f 3 L>c
-2- i,� Pw
2-4-04
Page 3 of 4
(b) The parties to this Agreement do not intend for any third party to obtain a
right by virtue of this Agreement.
(c) By entering into this Agreement, the parties do not intend to create any
obligations express or implied other than those stated in the Agreement.
Further, this Agreement shall not create any rights in any party not a
signatory to the Agreement.
9. Connection of Benbrook Collection System to Interceptor
(a) Benbrook, at its sole cost and expense, shall be entitled to make four
connections of collection system into the Interceptor. Each of such
connection shall include the installation of a metering station to measure
the flow of Benbrook wastewater into the Interceptor. The design and
construction of the metering stations shall be at the sole cost and
expense of Benbrook.
(b) Costs associated with the operation and maintenance of the metering
stations shall be in accordance with City of Fort Worth City Secretary
Contract No. 15689, as amended, between the City of Fort Worth and the
Benbrook Water and Sewer Authority.
This Agreement shall become effective immediately upon the execution by the
authorized-official from each enti�jr.
EXECUTED this day of t ► 6 2004.
ATTEST: CITY OF BENBROOK
By:
Ci S cretary '—Car/Conklin
City Manager
Approved as to For an _ I ,%
Ledality:
0 . Contract AuthoriZati n
City Attorney —1 — ��
ATTEST: CITY OF FORT WORTH
r
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f141'
ity Secretary Marc A. tt
Assistant-City Manager
Approved as to Form and
L aI'
Assistant Cit Attorney
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/11/2004
DATE: Thursday, March 11, 2004
LOG NAME: 60WALNUT REFERENCE NO.: **C-19993
SUBJECT:
Interlocal Agreement with the City of Benbrook for the Design and Construction of Walnut Creek
Sanitary Sewer Interceptor
RECOMMENDATION:
It is recommended that the City Council authorize the City-Manager to execute an.Interlocal Agreement.with.
the City of Benbrook for the design and construction of the Walnut Creek Sanitary Sewer Interceptor.
DISCUSSION:
The Cities of Fort Worth and Benbrook wish to extend approximately 5,470 feet of 36-inch sewer interceptor
along Walnut Creek in order to provide sewer service to future developments in both cities. This interceptor
will promote orderly growth in the area which covers 5,815 acres of Fort Worth's extraterritorial jurisdiction,
including Walsh Ranch and 491 acres in Benbrook.
The total cost for design and construction is estimated at $1,391,027. Fort Worth will be responsible for
$483,163 (35%) and Benbrook for $908,136 (65%). Under this agreement, Fort Worth will maintain the
interceptor and allow up to four (4) connections with metering stations from Benbrook. Staff considers the
proposed agreement to be reasonable and recommends approval.
This project is located in COUNCIL DISTRICT 3.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Sewer Capital Project Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
PS58 539140 070580176330 $483,163.00
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: Dale Fisseler (8207)
Additional Information Contact: Dale Fisseler (8207)
Logname: 60WALNUT Pate 1 of 1