HomeMy WebLinkAboutContract 26644 CITY SECRETARY
CONTRACT NO. CX
AMENDMENT TO BETHESDA WSC WATER CONTRACT
CITY SECRETARY CONTRACT #19352
Whereas, the City of Fort Worth and the Bethesda Water Supply Corporation entered into
City of Fort Worth City Secretary Contract No. 19352 on the 5ch day of October 1992, whereby
the City of Fort agreed to sell treated water to Bethesda Water Supply Corporation;
Whereas, the Bethesda Water Corporation has a need to obtain additional treated water at
its point of connection to the City of Fort Worth treated water supply; and
Whereas, the parties desire to share in the cost of the construction of the facilities
necessary to increase the supply of treated water at Bethesda Water Supply Corporation's point
of connection to the City of Fort Worth.
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
The City of Fort Worth, acting herein by and through Mike Groomer, its duly authorized
Assistant City Manager, hereinafter referred to as "City", and the Bethesda Water Supply
Corporation, acting herein by and through Steve Sievers, its duly authorized General Manager,
hereinafter referred to as "Bethesda", do hereby agree as follows:
1. Bethesda, at its sole cost and expense, shall be responsible for the design and construction
of a sixteen-inch (16") water main from Alsbury Blvd. to Thomas Crossing in Wildcat Way,
hereinafter referred to as the "Phase I Improvements", more particularly as shown on Exhibit
"A" attached hereto and made a part hereof for all purposes. The design of the water main and
the materials to be used in the construction of the water main shall meet or exceed the respective
criteria of the City and are subject to the review and written approval of the Director of the Fort
Worth Water Department, or his duly authorized designee.
2. Bethesda shall hire a contractor that is prequalified to perform like or similar work within
the City of Fort Worth and to further require its contractor to give the City at least 48 hours
notice to the City prior to construction starting on Phase I and to allow City personnel to inspect
the project at all times that construction work is in progress.
3. City agrees to proceed with the design and construction of a twenty-four inch (24") water
main beginning on the west side of Interstate 35W from the existing Fort Worth water
distribution system east in Mcpherson Road, then south along Cleburne Road to the north
property line of the Hampton Farm Development, hereinafter referred to as the "Phase III
Improvements", more particularly shown on Exhibit "A". City will endeavor to complete
construction of the Phase III Improvements no later than January 1, 2002 'v t
r J!r' F � .
City shall have no liability to Bethesda in the event construction of Phase III improvements are
not so completed.
4. Bethesda agrees to share in the total cost of the design and construction of the Phase III
Improvements. Bethesda's responsibility for the Phase III Improvements cost shall be the cost
that a private developer would pay for similar improvements under the City's "Policy for
Installation of Community Facilities". Bethesda will receive a credit (the "Credit") toward its
share of the Phase III improvements based upon the construction cost of the Phase I
Improvements; this cost excludes design and easement expenses. Based upon unit prices that are
being proposed to be contained in an ordinance to be used by Fort Worth in community facility
agreements, Bethesda's Credit shall be equal to sixteen dollars ($16.00) per linear foot times the
length of the 16" main as measured in the field. In the event Bethesda's share of the cost for
Phase III Improvements exceeds Bethesda's Credit, City shall invoice Bethesda for the balance
of its share of the costs of Phase III improvements after completion and acceptance of the work,
which shall be due and payable by Bethesda to City within thirty (30) days from the date of such
invoice. Any payment not received by City shall accrue interest at the rate of one-percent (1%)
per month.. In the event that Bethesda's Credit exceeds its share of the cost of Phase III
Improvements, no additional credit of any form shall be allowed.
6. The parties to this Agreement do not intend for any third party to obtain a right by virtue
of this Agreement. Further, by entering into this Agreement, the parties do not intend to create
any obligations express or implied other than those set out herein. This Agreement shall not
create any rights in any party not a signatory hereto.
8. Bethesda covenants and agrees to, and does hereby indemnify, hold harmless and defend
City, its officers, agents, servants and employees, from and against any and all claims or suits for
property damage or loss and/or personal injury, including death, to any and all persons, of
whatsoever kind or character, whether real or asserted, arising out of or in connection with,
directly or indirectly, the Phase I Improvements, whether or not caused, in whole or in part, by
alleged negligence on the part of officers, agents, servants, employees, contractors,
subcontractors, licensees and invitees of the City.
9. Bethesda shall not be responsible to any third party for any damages to person or
property arising out the City's performance of the Phase III improvements.
10. The parties acknowledge that each party and its counsel have reviewed and revised this
Agreement and that the normal rules of construction to the effect that any to be
U NR0 C AL [1 OQ1 D
C0����C��PY
Re I�r ► IV,M. 7f�.
resolved against the drafting party shall not be employed in the interpretation of this Agreement
or exhibits hereto.
11. This Agreement shall be governed by the laws of the State of Texas. Venue shall lie
exclusively in Tarrant County.
Executed this the�b"day of , , 200P.
A ST: CITY OF FOR ORT
B y: ldj — - --
loria Pea on, City Secretary`3I �D Mike Uoomer
Assistant City Manager
APPROVED AS TO FORM APPROVAL RECOMMENDED
AND LEGALITY
7tR/ L...–
Assistant ity Attorney Date Fisseler, P. E., Director
Fort Worth Water Department
ATTEST: BETHESDA WATER SUPPLY
CORPORATION
By:
Corporate Secr ary Steve Sievers
General Manager
APPROVED AS TO FORM AND
LEGALITY
6
Contract Authorization
torne' for Bethesda Water Supply
orporation
Date
SID
Il U a ����Li�l l�il 11 y p L7(/X10
City of Fort Worth, Texas
4tomyor And Council Communieniflon
DATE REFERENCE NUMBER LOG NAME PAGE
2/20/01 **C-18470 1 60BETHESDA 1 of 2
SUBJECT CONTRACT AMENDMENT WITH BETHESDA WATER SUPPLY CORPORATION
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract amendment
with the Bethesda Water Supply Corporation providing for construction of a 16-inch water main (Phase 1)
and participation in the future construction of a water supply main (Phase 11).
DISCUSSION:
As part of a long range plan to provide water to southwest Fort Worth, the Water Department plans to
extend a 24-inch main on the west side of 1-35 (Phase II improvements). In addition to serving this
growing area of Fort Worth, this main will also allow the Crowley, Burleson and Bethesda Water Supply
Corporation (BWSC) access to additional water supplies for future growth. In accordance with the
Uniform Wholesale Water Contract, each of these customers would pay their share of this proposed
pipeline. This pipeline is scheduled to be constructed by the end of the year 2001. e
BWSC, a uniform wholesale water customer of the City of Fort Worth, desires to construct Phase I
improvements consisting of a 16-inch water main in Wildcat Way from Alsbury Boulevard to Thomas
Crossing, south of Spinks Airport to provide additional water supply for Summer 2001. These
improvements would otherwise be constructed by the Water Department to provide a looped
distribution system to improve service reliability.
Because of the need for these improvements before the Summer 2001 demands, these improvements
will be designed and constructed at BWSC's expense and will be inspected by the City of Fort Worth.
The Phase I improvements will become part of the Fort Worth system. BWSC is interested in
construction of the Phase I improvements at this time and participating in the cost of the Phase II main
when it is constructed. Under the terms of the proposed contract, BWSC will pay the cost of the Phase I
pipeline and it will be credited against its prorata share of the Phase II improvements based on the cost
of the oversized pipeline for City of Fort Worth demands.
City of Fort Worth, Texas
4volljor and couni"RC.Ownsunication
DATE REFERENCE NUMBER LOG NAME PAGE
2/20/01 **C-18470 60BETHESDA 2 of 2
SUBJECT CONTRACT AMENDMENT WITH BETHESDA WATER SUPPLY CORPORATION
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
MGA
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to) APMED
Mike Groomer 6140 MY COUNCIL
Originating Department Head:
FEB 20 1001
Dale Fisseler 8207 (from)
Additional Information Contact:
Citycs�tar
Se9 of the
Citi of Fort Worth.Texas
Dale Fisseler 8207