HomeMy WebLinkAboutResolution 2002-082
RESOLUTION NO. 2002-082
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, that:
1.
The City Manager be, and is hereby, authorized to execute the attached
Interlocal Agreement with the City of Fort Worth for the design and construction of the
Big Fossil Creek Wastewater Outfall System Improvements as the act and deed of the
City of North Richland Hills, Texas.
PASSED AND APPROVED this the 14th day of October, 2002.
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APPROVED AS TO CONTENT:
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Mike Curtis, Public Works Director
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AGREEMENT BY AND BETWEEN THE CITIES OF
NORTH RICHLANn HILLS, RICHLAND HILLS,
HAL TOM CITY AND FORT WORTH FOR THE
CONSTRUCTION OF THE BIG FOSSIL CREEK RELIEF SEWER
WHEREAS, the Cities of North Richland Hills, Richland Hills, and Haltom City
each have a contract with the City of Fort Worth whereby the City of Fort Worth accepts
wastewater for treatment at its Village Creek Wastewater Treatment Plant; and
WHEREAS, the City of North Richland Hills obtained a planning grant from the
Texas Water Development Board for the preparation of the Big Fossil Sewer Planning
documents; and
WHEREAS, on the 15th day JlUle, 1999, the City COlUlcil of the City of Fort
Worth authorized participation with the cities of North Richland HiIIs, Richland HiIIs and
Haltom City in the Big Fossil Creek Sanitary Sewer System Study; and
WHEREAS, on the 14th day June, 1999 the City COlUlcil of the City of North
Richland HiIIs adopted Resolution 99-38 authorizing participation with the cities of Fort
Worth, Richland HiIIs and Haltom City in the Big Fossil Creek Sanitary Sewer System
Study; and
WHEREAS, on the 11th day November, 1997, the City COlUlcil of the City of
Richland HiIIs authorized participation with the cities of Fort Worth, North Richland
Hills and Haltom City in the Big Fossil Creek Sanitary Sewer System Study; and
WHEREAS, on the 24th day May, 1999, the City COlUlcil of Haltom City
authorized participation with the cities of Fort Worth, North Richland HiIIs and Richland
HiIIs in the Big Fossil Creek Sanitary Sewer System Study; and
WHEREAS, the City of North Richland HiIIs entered into an agreement with the
engineering firm of Knowlton-English-Flowers, Inc. for the preparation of the Big Fossil
Creek Relief Sewer Planning Report, such report dated March, 2000 containing certain
recommendations for the construction of sanitary sewer improvements known as the Fort
Worth Big Fossil Creek Sewer Main, hereinafter referred to as the "Project"; and
WHEREAS, the Cities of Fort Worth, North Richland Hills, Richland HiIIs and
Haltom City desire to enter into an agreement establishing each city's duties and
responsibilities as they are related to the Project.
Now, therefore, the City of North Richland Hills, acting herein by and through
Larry Cunningham, its duly authorized City Manager; the City of Haltom City, acting
~ City Secretary Office
~ Official Record Copy
herein by and through Richard Torres, its duly authorized City Manager, the City of
Richland Hills, acting herein by and through James W. Quin, its duly authorized City
Manager; and the City of Fort Worth, acting herein by and through Marc Ort, its duly
authorized Assistant City Manager, sometimes hereinafter coIIectively referred to as the
"Parties" or singularly as a "Party", do hereby agree as follows.
1. Fort Worth shaII be responsible for the preparation of plans and specifications,
together with any modifications required during construction, and contract documents for
the construction of the Fort Worth Big Fossil Sewer Main, generaIIyas shown on Exhibit
"A" attached hereto and made a part hereof for aII purposes. The cost of the design,
including any and aII costs incurred in the selection process including the issuance of a
Request for Proposal or Request for Qualifications, shaII be shared by the parties as
foIIows:
Fort Worth 79.7%
Haltom City 10.4%
North Richland HiIIs 6.3%
Richland Hills 3.6%
2. The Parties shaII cooperate in the selection of an engineer to prepare the design
and construction documents for the Proj ect. The construction documents wiII be
prepared in such a manner so as be able to calculate each Party's cost as described in
paragraph 4 below. Fort Worth will be responsible for the negotiation of the engineering
contract and for appropriating funds necessary to pay for the engineering contract. Fort
Worth wiII not award the engineering contract until each Party has adopted a resolution
authorizing payment to the City of Fort Worth of its respective share of the cost to be
incurred. Fort Worth shaII invoice the other Parties for their respective shares of each
partial payment during the course of the design contract. Payment for such invoices shaII
be due 30 days from the date of such invoice. The engineering agreement wiII not
include any costs for the design of lift stations to divert flows from North Richland Hills
and Richland Hills to the Big Fossil parallel line, such being the sole cost of the Party
requiring such facility.
3. The cost of easements, appraisal fees, and right-of-way acquisitions shall be
shared by the Parties hereto as follows:
~City Secretary Office
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Fort Worth
Haltom City
North Richland HiHs
Richland HiIls
79.7%
10.4%
6.3%
3.6%
Appraisal and property acquisition services shaH be included ill the engmeenng
agreement contemplated by paragraph 2 above. The consultant shaH be responsible for
all appraisal and acquisition of property and easements. In the event the acquisition of
property or easements cannot be accomplished through negotiation and must be
accomplished through condemnation, the staff of the jurisdiction within which the
property is located agrees to recommend to its governing body that a resolútion be
adopted in support of the condemnation action. In such event, a representative from the
participating city wiH be present at the condemnation hearing. Any property owned by
any Party upon which an easement is necessary shall be dedicated at no cost. Any
existing easement held by any Part shall be transferred to Fort Worth at no cost.
4. The construction costs, including change orders, construction management costs,
and inspections costs for the various segments of the Fort Worth Big Fossil Sewer Main
shall be shared as follows:
From Point A to Point B and from Point C to Point B, exclusive of design and
construction of any lift stations required, as shown on Exhibit "A", sheet 1
Fort Worth 79.7%
Haltom City 10.4%
North Richland HiIls 6.3%
Richland Hills 3.6%
Point B to Point F, exclusive of Point B to Point C, as shown on Exhibit "A", sheets 1
and 2
F ort Worth
Haltom City
North Richland HiIIs
Point E to Point D, as shown on Exhibit "A", sheet 1
Fort Worth
Haltom City
North Richland Hills
82.7%
10.8%
6.5%
82.7%
10.8%
6.5%
Tarrant COlUlty Water Supply Corporation line to Point F, exclusive of design and
construction of any lift stations required, sheet 2
Fort Worth
Haltom City
82.7%
10.8%
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~ Official Record Copy
North Richland Hills 6.5%
5. As of the execution of this contract the estimated cost of Project, including the
cost of engineering, construction, right-of-way acquisition, financing and
contingencies is as follows:
Fort Worth $ 12,160,000 81. 7%
Haltom City $ 1,590,000 10.7%
North Richland Hills $ 960,000 6.4%
Richland Hills $ 180,000 1.2%
Total Estimated Project Cost $14,890,000 100%
The estimated costs shall be adjusted based upon the final costs for engmeenng,
construction, right-of-way acquisition and financing and shared by the Parties in the same
percentage as assigned for the estimated cost ofthe Project.
6. Fort Worth shall be responsible for the advertising and award of the construction
contract for the Project, the costs of which shall be shared by Parties hereto as detailed in
paragraph 1 above. Fort Worth shall notify the Parties of the anticipated date for receipt
and opening of bids. Fort Worth shall be responsible for the review of the bids, shall
consult with the Parties regarding to whom the award of contract should be made and
shall make a recommendation for award.
7. F ort Worth shall be responsible for the award of contract and for appropriating the
funds necessary to pay for the construction. Fort Worth shall award the construction
contract only after the Parties have adopted resolutions authorizing payment to the City
of Fort Worth. Fort Worth shall invoice the other Parties for their respective shares of
each partial payment during the course of the construction. Payment of such invoices is
due 30 days from the date of such invoice.
8. Fort Worth shall be responsible for the cost associated with the construction and
installation of three metering stations to meter the flows from the other Parties hereto into
the Fort Worth collection system.
9. Nothing contained herein shall be construed so as to prevent Fort Worth from
including the costs it incurs herelUlder as system costs as that term is defined in its
wholesale contracts with the Parties hereto and its other wholesale contracts to the extent
that such costs may be includable in rate calculations.
~ City Secretary Office
~ Official Record Copy
10. AIl payments due to any Party heretmder are due and payable within 30 days from
the date on invoice. A payment is late if not paid within 10 days from the due date. Late
payments shall accrue interest at the rate of 1-1/2% per month tmtil paid.
11. Any notice permitted or required to be given herein shall be in writing, mailed
regular mail to the address shown below, or by facsimile to the numbers shown below.
If to North Richland HiIIs
Mr. Mike Curtis, P. E., Public Works Director
City of North Richland HiIIs
7301 N E Loop 820
North Richland Hills, Texas76182
Telephone: 817-427-6400
Facsimile: 817-427-6404
If to Richland Hills
Mr. John Cherry, P. E., Public Works Director
3200 Diana Drive
Richland Hills, Texas 76118
Telephone 817-299-1835
Facsimile 817-299-1832
If to Haltom City
Greg Van Nieuwenhuize, P. E., City Engineer,
City of Haltom City
5024 Broadway Avenue, HC TX 76117
Telephone 817-222-7750
Facsimile 817-222-7755
If to Fort Worth
Mr. Dale Fisseler, P. E., Director
Fort Worth Water Department
1000 Throckmorton
Fort Worth, Texas 76102
Telephone: 817-871-8207
Facsimile: 817-871-8195
12. The Parties agree to cooperate in the preparation of such documents as may be
deemed necessary in order to submit an application to the State of Texas for participation
in the State Revolving Fund. Acceptance or denial of the application shall not affect any
Party's responsibility heretmder.
~ City Secretary Office
~ Official Record Copy
13. Eighteen months after the date of the execution of the engineering agreement
described in paragraph 2 hereof, Fort Worth wilI assume responsibility for the
maintenance of the 21" Haltom City OutfaIl line, from the existing Haltom City
Southeast Meter Station downstream to the existing Main 280.
14. This Agreement may not be changed, revised or otherwise amended unless same
be in writing and approved by the governing body for each Party.
Executed this the
day of
, 2002.
ATTEST:
CITY OF FORT WORTH
By:
City Secretary
Marc Ott
Assistant City Manager
Approved as to Form and Legality:
City Attorney
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orm an Legality:
CITY OF NORTH RICHLAND
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City Manager
ATTEST:
CITY OF HAL TOM CITY
City Secretary
By:
Richard Torres
City Manager
Approved as to Form and Legality:
City Attorney
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~ City Secretary Office
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ATTEST:
CITY OF RICHLAND HILLS
City Secretary
By:
James W. Quin
City Manager
Approved as to Form and Legality:
City Attomey
~ City Secretary Office
~ Official Record Copy