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HomeMy WebLinkAboutContract 10959 CITY SECRETARY, CONTRACT No.1 r1ppo CONTRACT FOR CONSTRUCTION OF SANITARY SEWER ti APPROACH MAIN, BETWEEN THE CITY OF SAGINAW, REC NEO TEXAS AND THE CITY OF FORT WORTH, TEXAS MAR 12 1980 THE STATE OF TEXAS § Of ti COUNTY OF TARRANT § s $ THIS CONTRACT AND AGREEMENT made and entered into this-463 day ofyly��7���_ _> 19CO3 by and between the City of Saginaw, Texas (herein called Saginaw) , and the City of Fort Worth, Texas (herein called Fort Worth) , both municipal corporations located in Tarrant County, Texas , acting by and through their respective duly authorized representatives, Deryl D. Fox, Mayor of Saginaw, and Robert L. Herchert, City Manager of Fort Worth; W I T N E S S E T H : WHEREAS, each of the two contracting cities have their own sanitary sewerage collection systems, and are currently operating under an agreement between them, identified as City of Fort Worth City Secretary Contract No. 5947, whereby Fort Worth transports and treats sewage from Saginaw's collection system to Fort Worth's system and treatment plant; and WHEREAS, said .two cities desire to cooperate in and share the cost of construction of a sanitary sewer approach main, hereinafter described, which will make sewer service available to heretofore undeveloped areas in the corporate limits and/or extraterritorial jurisdictional areas of both cities; now, therefore: KNOW ALL MEN BY THESE PRESENTS: That for and in consideration of the execution and performance of the mutual covenants and undertakings herein set forth, Saginaw and Fort Worth do hereby further contract and agree as follows: I. Saginaw will construct a sanitary sewer approach main, known as the Cement Creek Collector Main, as proposed in that certain Engineering Design Report of Don H. Fleming & Associates , designated as No. 77-S-43, dated October 11, 1977, as revised in March, 1979, August, 1979 and November, 1979, a copy of which Report, as revised, is hereby incor- porated verbatim by reference for all purposes herein. OFFICIAL RECORD 1111 SECRETARY FT. WORTH, TEX. The approach main project will include, but not be limited to the following: (a) Gravity sewer mains, sanitary sewer lift station, force main and all appurtenances necessary for a complete and operable system, as more fully defined in the aforesaid Engineering Design Report. (b) The approach main will begin at a point in Buck Sansom Park on Angle Drive in Fort Worth, and will connect to the existing Marine Creek interceptor which extends north along Marine Creek and presently serves the northwest campus of the Tarrant County Junior College system, and will extend along and through a tributary located on the south side of Loop 820 to connect with an existing 18-inch conduit installed by Fort Worth under Loop 820 when said highway was constructed, which conduit extends to a point in the north boundary line of the Loop 820 right-of-way. (c) From this terminal, an 18 inch force main will be con- structed along the north right-of-way of Loop 820 to a point in the Cement Creek watershed approximately 4,200 feet north and east of such terminal, where a lift station will be constructed immediately adjacent to the north right-of-way of Loop 820 and approximately along the center line of Cement Creek. (d) A 21-inch line will be constructed northerly from said lift station along the approximate center line of Cement Creek to the fork of said creek, from which a 12-inch line will be constructed along its east fork and an 18-inch line constructed along its west fork, each terminating in existing lift stations located in the southern boundary of Saginaw (which latter lift stations will be abandoned when the project is placed in service) . II. Saginaw will prepare plans, specifications and contract documents for the project, which shall be in strict conformity with the require- ments of Saginaw, Fort Worth and the State Health Department, and shall be subject to review and approval by each of them prior to receiving bids on the project. -2- III. Fort Worth shall obtain all necessary rights-of-way and easements for construction of the proposed facility within the corporate limits and/or extraterritorial jurisdictional area of Fort Worth. Saginaw shall obtain all necessary rights-of-way and easements for construction of the proposed facility within the corporate limits of Saginaw. However, the costs of such rights-of-way acquisitions shall be con- sidered a project cost and will be shared between the two cities as elsewhere provided hereinafter. IV. Total project cost shall include cost of construction, rights- of-way and land acquisition, engineering design, surveying, construc- tion supervision and inspection, and legal and other miscellaneous costs directly chargeable to the project, and shall be shared by Saginaw and Fort Worth in the same proportion as their respective estimated use of the facility. The allocation of the actual total project costs is as follows: The City of Saginaw 40.98 The City of Fort Worth 59.02% TOTAL 100.00`1 V. Saginaw shall let the entire project for bids in its name, shall contract for the construction of the project in its name, and shall have physical supervision and control of the project construction with its contractor, subject to such periodic inspections as Fort Worth may choose to make to insure compliance with approved plans and specifications. It is further agreed and understood that Saginaw will take prompt remedial action whenever Fort Worth inspectors of the project work detect non-compliance with approved plans and specifications and cite such non-compliance to the Saginaw inspector, either verbally or in writing. Contract documents to be executed by the successful bidders will be reviewed and approved by both Fort Worth and Saginaw, prior to Saginaw's awarding of said contract for construction. -3- VI. Construction of the proposed project shall be in strict con- formity with the approved plans and specifications, and in strict accordance with the standards of Saginaw, Fort Worth and the State Health Department. VII. During construction, monthly estimates of percentage of work completed on the project shall be submitted by the contractor to Saginaw These estimates will be reviewed and if approved, submitted to Fort Worth for its review and approval. Progress payments to the contractor shall be based upon the pro-rata participation of each city, as hereinabove provided. Fort Worth agrees to render to Saginaw its share of each progress payment within 14 days after an estimate ap- proved by Saginaw and its engineer is submitted to and approved by Fort Worth. For purposes of verifying partial and total project costs, Fort Worth shall be afforded access to all of Saginaw's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda and similar data relating to the project construction and payment thereof. VIII. After completion of the project, a joint inspection of the com- pleted facility will be made by representatives of both Saginaw and Fort Worth, to assure satisfactory completion in accordance with the plans and specifications, and standards of both cities. Upon ac- ceptance of the project by both cities, respectively, final payment will be made to the contractor. IX. It is agreed that final adjustment of project cost distribution between the cities will be made on the basis of a final tabulation of the total project cost, to be prepared by Saginaw after the project is completed and in use, and all bills are known to have been received and recorded. The final adjustment of project costs will be ac- complished in the form of refund by one city to the other, or ad- ditional payment by one city to the other, as appropriate. Such final adjustment shall be accomplished within 30 days after final tab- ulation of project costs has been delivered by Saginaw to Fort Worth and reviewed and approved by Fort Worth. -4- X. Fort Worth shall grant to Saginaw such easements and rights- of-way along public highways or other properties or easements owned by Fort Worth, within the corporate limits of Fort Worth or its extraterritorial jurisdictional area, as are appropriate to the construction of the facility. No land acquisition costs will be tabulated as part of the project cost in regard to public highways, or other properties or easements already owned by Fort Worth or Saginaw, prior to the execution of this contract. XI. All of the facilities contemplated by the contract and con- structed within the corporate limits and/or extraterritorial juris- dictional area of Fort Worth shall become a portion of Fort Worth's collector system, shall be its property, and shall be the respon- sibility of Fort Worth for maintenance and operation. XII. All facilities contemplated for construction as a part of this contract within the corporate limits of Saginaw shall become a portion of Saginaw's collector system, shall be its property, and shall be the responsibility of Saginaw for maintenance and operation. XIII. Saginaw agrees to proceed with diligence with regard to the construction of this project, upon notification of approval by Fort Worth, so that the facility may be placed in operation without undue delay. XIV. It is understood that Fort Worth desires and intends to hereafter build a sewer main across Saginaw to connect the facilities contemplated by this contract with and to serve the area in Fort Worth known as the Twin Mills Addition, and located immediately northwest of the corporate limits of Saginaw. Saginaw agrees to cooperate with Fort Worth for the construction of such line, grants permission for it to cross Saginaw's corporate limits, and will grant to Fort Worth any nec- essary easements or rights-of-way for said line across public roads or other publicly owned lands of Saginaw, without cost, provided the -5- surface is properly restored, subject to the following conditions: (a) Such connecting line shall be sufficiently sized to provide sewer service capacity to the areas of Saginaw within the drainage area crossed by said line. (b) Saginaw shall have the right to review and approve plans, specifications and contract documents for said line, which approval shall not be unreasonably withheld, to assure that they meet Saginaw's requirements and standards. (c) All other easements and rights-of-way for said line shall be provided by Fort Worth, without cost to Saginaw. (d) The line will be constructed without cost to Saginaw, it being contemplated that Fort Worth will negotiate with its de- veloper or developers of Twin Mills Addition for payment of the full cost of the sewer to be constructed under this section. (e) On completion, and upon its acceptance by Saginaw, all parts of such line and necessary easements and rights-of-way thereto within the corporate limits of Saginaw, will become the property of Saginaw, as a part of its collector system, and shall be the respon- sibility of Saginaw for maintenance and operation. (f) Fort Worth shall at all times have the right to continuous, uninterrupted use of said line. Xv. Saginaw and Fort Worth each binds itself, its successors and assigns, to the other party to this agreement, and to the successors and assigns of each other party, with respect to all covenants con- tained in this contract. Neither party hereto, however, shall assign, sublet or transfer any rights hereunder without the written consent of the other party; provided that this shall not apply to the letting of contracts for construction of the project contemplated by the agreement. IN TESTIMONY WHEREOF, after proper action of the respective governing bodies of the parties hereto, we have caused these presents to be executed in quadruplicate copies, each of which is considered an original, and the seal of the respective parties hereto affixed, on the date hereinabove set forth. -6- ATTEST: CITY OF SAGINAW, TEXAS C' e etar r -� By �3e yl D. x, 1ayo�- APPROVED AS TO FORM A:4D LEGALITY: a rn e ` ort Jor C ty Attorney ATTEST: CITY OF FORT WORTH, TEXAS By, t L14- Secretary Ro ert n Herc ert City Manager APPROVED BY CITY COUNCIL ity Secretary 2(JC Date -7- City of Fort Worth, Texas .'mayor and Council Communication DATE REFERENCE SUBJECT: Contract Between the City of PAGE NUMBER Saginaw, Texas and the City of Fort Wort , 3/11/80 C-5000 Texas for Construction of a Sanitary 1of3 Sewer Main On May 3, 1979 (I.R. No. 3302) , the City Council was informed that provision for additional capacity in the Cement Creek drainage area to serve the Twin Mills Development with sanitary sewer was included in the City's approved 1976-78 CIP and that the Water Department was negotiating a contract with the City of Saginaw to share in the pro rata project cost of construction of a sanitary sewer approach main, Cement Creek Collector Sewer, which will make sewer service available to heretofore undeveloped areas in the corporate limits and/or extraterritorial jurisdictional areas of both cities. Contract Terms In accordance with the terms of the proposed contract, Saginaw will prepare all plans, specifications and contract documents, subject to review and approval by both cities, prior to receiving bids on the construction project. In addition, Saginaw shall let the entire project for bids in its name, shall contract for the construction of the project in its name, and shall have physi- cal supervision and control of the project construction with its contractor, subject to such periodic inspections as Fort Worth may choose to make to insure compliance with approved plans and specifications. Contract documents to be executed by the successful bidders will be reviewed and approved by both Fort Worth and Saginaw prior to Saginaw's awarding of the contract. Fort Worth has agreed to obtain all necessary rights-of-way and easements for construction of the proposed facility within the corporate limits and/or extraterritorial jurisdictional area of Fort Worth. In addition, Fort Worth shall grant to Saginaw such easements and rights-of-way along public highways or other properties owned by Fort Worth, within the corporate limits of Fort Worth or its extraterritorial area, as are appropriate to the construction of the facility. Upon completion and acceptance of the project, all of the facilities within the corporate limits and/or extraterritorial jurisdictional area of Fort Worth shall become a portion of Fort Worth's collection system and maintenance and operation shall be the responsibility of Fort Worth. That portion constructed within the city limits of Saginaw shall become a portion of Saginaw's system and be its property, and maintenance and operation shall be the responsibility of Saginaw. PATE REFERENCE SUBJECT: Contract Between the City Of PAGE NUMBER ITexas on oa aSaginaw, Texas and the City of Fort Wort,for Construction Sanitry 2__ O'3 3 1Q__�-5000 _ - _ Sewer Main Twin Mills Addition It is understood that Fort Worth desires and intends to hereafter build a sewer main across Saginaw to connect the facilities contemplated by this contract to serve the area in Fort Worth known as the Twin Mills Addition. Saginaw agrees to cooperate with Fort Worth in the construction of such line, grants permission for it to cross Saginaw's corporate limits, and will grant to Fort Worth any necessary easements or rights—of—way for the line across public roads or other publicly owned lands of Saginaw, without cost, provided the surface is properly restored, subject to certain other conditions of which the following are a part: (a) The connecting line shall be large enough to provide sewer service capacity to areas of Saginaw within the drainage area crossed by the line; (b) Saginaw has the right_ to review and approve plans and specifications, which approval shall not be unreasonably withheld; (c) All other easements and rights—of—way for the line shall be provided by Fort Worth, without cost to Saginaw; (d) The line will be constructed without cost to Saginaw, it being contemplated that Fort Worth will negotiate with the developer or developers of Twin Mills Addition for payment of the full cost of the sewer to be constructed under the section; (e) Upon completion and acceptance, the line in Saginaw will become the property and responsibility of Saginaw to operate and maintain; and (f) Fort Worth at all times shall have the right to continuous, uninterrupted use of said line. If further negotiations are necessary between Saginaw and Fort Worth in relation to such contemplated future line, it will be the subject of a supplemental or amended agreement to this proposed contract. Project Cost and Financing Total project cost for the Cement Creek Collector Main shall include cost of construction, rights—of—way and land acquisition, engineering design, surveying, construction supervision and inspection, and legal and other miscellaneous costs directly chargeable to the construction project, and shall be shared by Saginaw and Fort Worth in the same proportion as their respective estimated use of the facility. The allocation of the actual total project cost is as follows: The City of Saginaw 40.98% The City of Fort Worth 59.02% Total 100.00% On the basis of information submitted by Saginaw, it is estimated that the total cost of the proposed sewer approach main will be approximately $968,845. The City of Fort Worth's pro rata share would be: 59.02 x $968,845 = $571 ,812 DATE REFERENCE SUBJECT: Contract Between the City Of PAGE NUMBER Saginaw, Texas and the City of Fort Worth, 3/11/80 C-5000 Texas for Construction of a Sanitary 3 3 or ewer Main It is proposed to provide for the City's share by bond fund transfer from the remaining balance in Account No. 015-014697-00 "9011/96" Parallel Outfall Connecting Sanitary Sewer", to Account No. 015-014307-00 "Cement Creek Collector Sanitary Sewer". Recommendation: It is recommended that: 1 . The City Manager be authorized to enter into a contract with the City of Saginaw for the construction of the Cement Creek Collector Sewer, in accordance with the terms outlined above; and 2. A bond fund transfer in the amount of $600,000 be approved from Account No. 015-014697-00, "90"/96" Parallel Outfall Connecting Sanitary Sewer", to Account No. 015-014307-00, "Cement Creek Collector Sanitary Sewer". VS:dz SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY: 0 APPROVED ORIGINATING 0 OTHER (DESCRIBE) DEPARTMENT MEAD: J. L. Robinson CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT: J. L. Robinson 8220 DATE