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HomeMy WebLinkAboutContract 39743-A1�4TY 5F4cRETA��Kw � 4 3 - (i 1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 39743 AGREEMENT FOR RECLAIIViED WATER SERVICE BETWEEN THE CITIES OF EULESS AND FORT WORTH WHEREA)3, on the 2� day of February, 2010, the City of Fort Worth ("Fort Worth") and the City of Euless ("Customer") entered into an Agreement for Reclaimed Water Service known as City of Fort Worth City Secretary Contract No. 39743 (the 'Agreement"), providing for the treatment and sale of Reclaimed Water pursuant to applicable laws and regulations; and WHEREAS, Customer has requested from Fort Worth an additional point of delivery which requires an extension of the System as shown in Exhibit 46F-299; and WHEREAS, Fort Worth is amenable to providing for the extension and second point of delivery under the terms and conditions of the Agreement, provided that Customer pays back the cost of the extension to the System; and WHEREAS, Section 2.3 Point of Delivery of the Agreement states that the parties shall designate in writing the points of delivery for the Reclaimed Water from the Fort Worth System to the Customer's system, as those terms are defined in the Agreement ; and WHEREAS, Section 2.4 Customer's Estimated Reclaimed Water Use of the Agreement also requires Customer to designate its best good -faith estimate of Reclaimed Water use as shown on Exhibit "B" to the Agreement. NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: The Agreement for Reclaimed Water Service known as City of Fort Worth City Secretary Contract No. 39743 is hereby amended by adding anew Section 25 "Points of Delivery" to read as follows: Page 1 of 6 OFFICIAL RECORD CITY SECRETARY WORTH, TX 09�16-11-A019379RC 25. Points of Delivery 25.1 The parties hereby designate two (2) points of delivery to the Fort Worth System at the locations shown on Exhibits "F-1" and "F-2" attached hereto and now fully incorporated into the Agreement. The parties acknowledge that point of delivery at the location shown on Exhibit "F-1" was originally anticipated at the time of execution of this Agreement and factored into the Customer's estimated Reclaimed Water use dated May 26, 2009 as shown in Exhibit "B". The first point of delivery shall be named "Texas Star" and the second point of delivery shall be named "Bear Creek", respectively shown. 25.2 The parties agree that the second point of delivery (Bear Creek), as requested by the Customer and as shown on Exhibit "F-2", requires an extension of the Fort Worth System. Fort Worth agrees to design and construct the extension to provide Bear Creek point of delivery, in consideration of Customer taking a minimum annual quantity for the years 2012 through 2019 or as otherwise stated herein. Pursuant to the Agreement, Customer agrees to a minimum annual use of Reclaimed Water at the Bear Creek point of delivery based on the minimum annual quantity shown on Exhibit 46B-2" which shall be effective October 1, 2011 and subject to the terms and conditions of the Agreement, including but not limited to Section 2.5 Customer's Annual Amount. Nothing herein shall amend Exhibit "B" which shall apply to the Texas Star point of delivery. First Amendment to Euless Reclaimed Water Agreement cRRFINAL 2 of 6 minimum annual quantity, which shall be the basis for the minimum monthly charge pursuant Lo Section 7.5.2 of the Agreement. 25.4 Fort Worth shall be responsible for the design and construction %J the extension. The cost of such operation and maintenance shall be a System Cost. Customer shall be responsible for all other costs as described in the Agreement, including but not limited to Section 3, Meters; Responsibilities. 2. All other terms, conditions, and covenants contained in City of Fort Worth City Secretary Contract 39743 shall not be amended herein and shall continue in full force and effect. Executed on or about 5 2 o�' 2 W1 �lJ a� , 2011. CITY OF FORT WORTH ASSISTANT CITY MANAGER APPROVED AS TO FORM AND �,EGALITY Christa Ir. Reynolds SR. ASSISTANT CITY ATTORNEY ATTEST Marty Hendrix O CITY SECRETARY CITY MANAGER APPROVED AS TO FORM AND LEG ITY ox" Wayne K. Olson CITY ATTORNEY ATTEST c�r.nn�rrnr�v EXHIBITS F-1 & F-2 POINTS OF CONNECTION Exhibit F1: Connection to Texas Star Golf Course and Athletic Complex City of Euless TEXAS GOLF 00 City of Fort worth 1.10SIER ARL City of Arlington Connection point to City of Euless reclaimed water line to serve Texas Star Golf Course and Athletic Complex Exhibit F2: Connection to City of Euless at Bear Creek Parkway Connection point to City of Euless reclaimed water line to users along Bear Creek Parkway First Amendment to Euless Reclaimed Water Agreement cRRFtrrAL 5 of 6 EXHIBIT B-2 Form for Submitting Customer's Estimate of Reclaimed Water Use Customer: City of EUless Point of Delivery: F-2, Bear Creek Date:10-1-11 1. User's total minimum annual quantity of reclaimed water 100 Million Gallons. 2. Peak usage required 1300 gallons per minute. 3. Estimated Monthly volumes for October 1, 2011 through September 30, 2012. MONTH Approximate Usage (1000 gallons/month) October 17241 November 11194 December 11788 January 61383 February 9,469 March 13,905 April 20,116 May 19,755 June 107938 July 7,618 August 5,294 September 2,298 Does this Exhibit B supersede a previous Exhibit B? Yes ❑ If yes, what is the Effective Date of superseded Exhibit B? • ►1 If yes, execution by authorized Fort Worth representative is required. Fort Worth Water Department Representative First Amendment to Euless Reclaimed Water Agreement cRRFINAL 6 of 6 Date M&C Review Page 1 of 2 CITY COUNCIL AGENDA COUNCIL ACTION: Approved on 9/13/2011 Official site of the City of Fort Worth, Texas FORT WORTH -y- REFERENCE ** 60CITY OF EULESS DATE: 9/13/2011 NO : C-25150 LOG NAME: RECLAIMED WATER AMEND CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of the First Amendment to the Agreement for Reclaimed Water Service with the City of Euless Adding a Second Point of Delivery (NO COUNCIL DISTRICT) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute the First Amendment to the Agreement for Reclaimed Water Service with the City of Euless Adding a Second Point of Delivery. DISCUSSION: On February 2, 2010, the City of Fort Worth and the City of Euless (Euless) entered into an Agreement for Reclaimed Water Service (City Secretary Contract No. 39743) providing for the treatment and sale of Reclaimed Water to Euless. The Agreement provided for only one point of delivery. Euless has requested from Fort Worth a second point of delivery, as shown in the attachment to the M&C. To provide service to the second point of delivery requires an extension of the Reclaimed Water System {System). Fort Worth is agreeable to adding the extension and second point of delivery (named Bear Creek) under the terms and conditions of the First Amendment and Agreement, including the provision that Euless pay back the cost of the extension to the System. Fort Worth will design and construct the extension. Euless, in order to pay back the cost of the extension, has commited to a minimum annual use of Reclaimed Water at the second point of delivery. Since the overall System will require a subsidy from Fort Worth for a projected eight years, the minimum annual use is based on the annual revenue required to keep this overall System subsidy at an eight year payback period and shall be increased or decreased based on the actual cost of the extension. All other terms of the original Agreement shall remain. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that the Water Department is responsible for the collection and deposit of funds due the City under this Agreement. TO Fund/Account/Centers Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers Fernando Costa (6122) S. Frank Crumb (8207) Skipper Shook (8402) http://apps.cfwnet.org/council�acket/mc_review.asp?ID=15680&councildate=9/13/2011 9/14/2011 M&C Review Page 2 of 2 ATTACHMENTS Euless_Exhibits F1_F2_revised.pdf http://apps.cfwnet.org/council�acket/mc review.asp?ID=15680&councildate=9/13/2011 9/14/2011