HomeMy WebLinkAboutContract 58477-A1Cll;. SECRETARY:'?~ 1-,] .-A_\ GCMTRACT NO. -=~~:.-~~-1.....i-----
FIRST AMENDMENT TO UTILITY AND INFRASTRUCTURE AGREEMENT
CITY SECRETARY CONTRACT NO. 58477
This First Amendment to Utility and Infrastructure Agreement ("First Amendment") is
entered into by and between the City of Fort Worth, Texas (the "City"), a home-rule municipal
corporation situated in Tarrant, Denton, Parker, Johnson and Wise Counties, Texas, acting by and
through its duly authorized Assistant City Manager; Double R DevCo, LLC, a Texas limited
liability company ("Owner"); and Brookfield Water Control and Improvement District of Denton
County f/k/a South Denton County Water Control and Improvement District No. 1 and Brookfield
Fresh Water Supply District No. l (the "District") (the "Parties") effective upon execution by all
parties (the "Effective Date")
RECITALS
A. The City, Owner and the District entered into that certain Utility and Infrastructure
Agreement effective November 4, 2022 (City Secretary Contract No. 58477) (the "Agreement").
B. The Agreement sets out the terms for the City to provide retail water and sewer
service to approximately 494.480 acres of land described in the Agreement as the Additional
Property and to define the water and sewer infrastructure needed for the City to provide such retail
water service and sewer service.
C. The Agreement requires Owner and the District to construct the FM 156
Wastewater Line to serve the Additional Property but allows Owner to negotiate to secure capacity
in the City's existing McKelvey-Cole Wastewater Line to initially serve the first development
phase for the Additional Property prior to construction of the FM 156 Wastewater Line.
D. The Agreement provides that upon construction of the FM 156 Wastewater Line,
the Additional Property, including the first development phase, will be served by the FM 156
Wastewater Line.
E. After further study, the City has determined that there is sufficient capacity in the
McKelvey-Cole Wastewater Line to serve the Additional Property at full development and the
construction of the FM 156 Wastewater Line is not needed to serve the Additional Property.
NOW, THEREFORE, in consideration of the premises, mutual promises, covenants,
obligations, and benefits herein contained , the City, Owner and the District wish to amend the
Agreement to remove the requirement for Owner and the District to construct the FM 156
Wastewater Line to serve the Additional Property and to confirm that the McKelvey-Cole
Wastewater Line has sufficient capacity to serve the Additional Property, as follows:
1. Section 1.02 of the Agreement, "Off-Site Wastewater Lines," is amended to read
as follows in its entirety:
First Amendment to Utility and Infrastructure Agreement -Page I
OPFICIAL RECORD
CITY ~~ECRETARY
FT. WORTH, TX
1.02 Off-Site Wastewater Lines .
(a) The Additional Property shall be served by (i) the City 's existing
wastewater line constructed as City Project No. 101478 (the "Brookfield Wastewater
Line"); and (ii) the City's existing wastewater line constructed as City Project No . 101118
(the "McKelvey-Cole Wastewater Line") (collectively , the "City's Wastewater System").
(b) Owner, on behalf of the District, shall design and construct or cause to be
designed and constructed approximately 2,605 feet of off-site wastewater lines in or
around the right-of-way for Dalrymple Lane (the "Dalrymple Wastewater Line") to
connect to the existing 15 -inch sanitary sewer main located on the northern boundary of
the SH 114 right-of-way south and east of the Additional Property (the "15-Inch Main")
as shown on Exhibit C-1 (the "Dalrymple Wastewater Line"), in accordance with the
Approved Sewer Study. The Dalrymple Wastewater Line shall be constructed generally
in the location shown on Exhibit C-1, with the final alignment to be determined by the
City after consulting with Owner and making reasonable efforts to address Owner 's
concerns regarding the alignments and to select a cost -effective alignment in accordance
with the City's Installation Policy and meeting City's maintainability of the infrastructure .
(c) Flows from the Additional Property will enter the City 's Wastewater
System at two different design points identified in the Approved Sewer Study as Design
Points D and Dl. A total of 284 residential lots on the Additional Property will enter
Design Point D located south of SH -114 and the Pembine Lane intersection through two
different sewer connection points provided in Liberty Trails. A total of 1,319 residential
lots on the Additional Property will enter Design Point D 1 south of SH-114 and east of
the Project to the 15 -Inch Main.
( d) The District and Owner shall be entitled to sufficient capacity in the City 's
Wastewater System to serve 1,800 single -family residential lots within the Additional
Property. No additional sewer studies will be required for the Additional Property unless
the District or Owner change the development lay out or increase the lot count
( e) The District and Owner are not required to construct off-site wastewater
lines for service to the Additional Property , except as described in this Section 1.02 .
2. Section 3.01 o f the Agreement , "Design and Construction of Water and Sewer
Infrastructure ," is amended in its entirety to read as follows:
3.01 Design and Construction of Water and Sewer Infrastructure. Owner shall determine
the schedule for design and construction of the Water and Sewer Infrastructure with the
exception of the Off-Site Water Lines and On-Site Water Lines as set out in Section
2.04(b ). Owner understands the submittal for the first development phase for the
Additional Property shown on Exh ibit C-1 ("Phase 1 ") is dependent on the sequence
outlined in Section 3.02(b). Owner shall submit construction plans for the On-Site
Wastewater Lines , the Off-Site Water Lines , the On-Site Water Lines and the Dalrymple
Wastewater Line (collectively , the "Water and Sewer Infrastructure") to the City for
review, approval of the plans, and approval to commence construction. The Water and
First Amendment to Ut ili ty and Infrastructu re Agree ment -Page 2
Sewer Infrastructure shall be designed and constructed in accordance with the
"Installation Policy and Design Criteria for Water, Wastewater and Reclaimed Water
Infrastructure," Resolution No. 5084 -05 -2019, May, 2019 and as amended.
3 . Section 3.02 of the Agreement, "CF A 's and Fees; Disadvantaged Business Enterprise
Requirements" is amended in its entirety to read as follows:
3.02 CF A's and Fees; Disadvantaged Business Enterprise Requirements.
(a) All Water and Sewer Infrastructure shall have a Community Facilities
Agreement, financial guarantee and associated construction inspection service fee ,
administrative material testing service fees and water laboratory testing fees submitted to
the City for review and approval in accordance with the CF A Ordinance.
(b) The CF As for the On -Site Wastewater Lines and On -Site Water Lines for
Phase 1 may be phased or concurrent CF As in accordance with the CF A Ordinance . The
requirements of the Phased or Concurrent CF A provisions in the CF A Ordinance must be
complied with. Construction plans for the On-Site Wastewater Lines and the On-Site
Water Lines for Phase 1 may be submitted to the City 's Infrastructure Plan Review Center
("IPRC") at the same time as, or after, the construction plans for the Dalrymple Water
Line and the Dalrymple Wastewater Line are submitted to IPRC. The CF As for the On -
Site Wastewater Lines and On-Site Water Lines for Phase 1 may not be exec uted until
after the CF As for the Dalrymple Water Line, and the Dalrymple Wastewater Line are
executed. The On-Site Wastewater Lines and On-Site Water Lines for Phase 1 will not
be accepted by the City , as evidenced by the execution by the City of the document
commonly referred to as a greensheet, until the greensheets for the Dalrymple Water Line,
and the Dalrymple Wastewater Line are executed by the City. The requirements of the
Phased or Concurrent CF A provisions in the CF A Ordinance as amended must be
complied with.
(c) A business equity goal may be set by the City 's Department of Diversity and
Inclusion for community facilities agreements , infrastructure construction agreements, or
any other agreement relating the construction of public infrastructure when the City's
participation in the agreement is $1 ,000,000 .00 or more in City funds in accordance with
Chapter 20 , Article X of the City Code, as amended.
4. Section 3.07 of the Agreement, "Recovery of Oversize Costs", is amended in its
entirety to read as follows:
3.07 Recovery of Oversizing Costs . Provided that the construction has been publicly
bid in accordance with all legal requirements applicable to water control and improvement
districts , Texas state law applicable to municipalities, and City ordinance , the City shall reimburse
Owner for the City 's proportionate share of the costs of the Dalrymple Water Line in accordance
with Section 2.03(a), and the 24-Inch On-Site Water Line in accordance with Section 2.04(b), no
less frequently than quarterly . The City 's reimbursements to Owner shall require the approval of
the City Council.
First Amendmen t to Utility and Infrastructure Agreement - Page 3
5. Exhibit C-2 and Exhibit H to the Agreement are deleted.
6. Except as specifically amended in this First Amendment, the Agreement shall
remain in full force and effect in accordance with its original terms and conditions.
7. Unless expressly defined herein, all capitalized terms shall have the meanings
defined in the Agreement.
ATTEST:
Dana Burghd f , Assi t City Manager
Date:~! l ~2-0--,.......a-/u~3 __
APPROVED AS TO FORM AND
LEGALITY:
62z;!~/1/7----_
Assistant City Attorney
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F~N>-11-'IE: 2b2.-1. -'16 'f'l"Z.i
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
First Amendment to Utility and Infrastructure Agreement -Page 4
ATTEST:
First Amendment to Utility and Infr as tructure Agreement - Page 5
BROOKFIELD WATER CONTROL AND
IMPROVEMENT DISTRICT OF DENTON
COUNTY
f/k/a South Denton County Water Control and
Improvement District No. 1
Uv~
President, Board of Directors
Date: l / (, / 2o2J
Double R DevCo, LLC,
a Texas limited liability company
By ~A66
Name ; ~a,,,._ Jkf,,-.-.._
Title: M~e--r
Date : / 2--/(h / 2-L-
First Amendment to Ut ili ty and In frastru cture Agreement - Page 6
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 12/13/22 M&C FILE NUMBER: M&C 22-1040
LOG NAME: 60BROOKFIELD MCKELVEY COLE PARALLELS EXT
SUBJECT
(ET J near CD ?-Denton County) Authorize Execution of an Amendment to City Secretary Contract No . 584 77 , a Utility and Infrastructure
Agreement for the Lone Star at Liberty Trails Development to Remove the Requirement to Construct the FM 156 Wastewater Line
RECOMMENDATION:
It is recommended that the City Council authorize execution of an amendment to City Secretary Contract No. 58477, a Utility and Infrastructure
Agreement for the Lone Star at Liberty Tra ils Development to remove the requirement to construct the FM 156 Wastewater Line.
DISCUSSION:
On October 11, 2022 , the City Council approved a Utility and Infrastructure Agreement for the Lone Star at Liberty Trails Development, Mayor and
Council Communication (M&C) 22-0807, between the City of Fort Worth (City), Double R DevCo (Owner) and Brookfield Water Control and
Improvement District of Denton County (the District). The agreement addresses construction of water and sewer infrastructure by or on behalf of
Owner and the District for the City to provide retail water and sewer service to approximately 489 acres of land located north of U.S . Highway 114
and west of John Day Road that is being added to the District.
The Utility and Infrastructure Agreement requires Owner and the District to construct an off-site wastewater line defined in the agreement as the FM
156 Wastewater Line.
Based on additional information provided to the City, the City has determined that there is sufficient wastewater capacity in existing City
wastewater lines to serve the 489 acres of land being added to the District {1,800 single-family residential lots). Therefore, construction of the FM
156 Wastewater Line by Owner and the District is no longer required.
Approval of this Mayor and Council Communication will authorize the execution of an amendment to the Utility and Infrastructure Agreement to
remove the requirement to construct the FM 156 Wastewater Line.
The property is located in the extraterritorial jurisdiction adjacent to COUNCIL DISTRICT 7.
FISCAL INFORMATION/ CERTIFICATION:
The Director of Finance certifies that approval of this recommendation will have no material effect on City funds .
Submitted for City Manager's Office by: Dana Burghdoff 8018
Originating Business Unit Head: Chris Harder 5020
Additional Information Contact: Wendy Chi 8242
Expedited