HomeMy WebLinkAboutContract 41111-A3 2345.
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.". � CITY SECRETARY,
CONTRACT NO.
AMENDMENT NO. 3 TO AGREEMENT FOR WATER SERVICE
(Northside II 30-inch Water Main Project)
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS
COUNTY OF TARRANT
This AMENDMENT NO. 3 TO AGREEMENT FOR WATER SERVICE
("Amendment No. 3") is made and entered into by and between Trophy Club Municipal District
No. 1, acting herein by and through its General Manager, Mike McMahon, hereinafter referred to
as "Customer", and the City of Fort Worth, acting herein by and through its Assistant City
Manager, Jesus J. Chapa,hereinafter referred to as"Fort Worth", each of Tarrant County, State of
Texas, (collectively the "Parties").
WHEREAS,Fort Worth and Customer previously entered into that certain Agreement for
Water Service dated November 16, 2010 identified as Fort Worth City Secretary Contract No.
41111 (the "Water Supply Contract");
WHEREAS, the Parties previously amended the Water Supply Contract by execution of
that certain "Amendment" dated December 4, 2014, identified as Forth Worth City Secretary
Contract No.4111-Al ("Amendment No. I"), setting forth the terms and conditions for Customer's
cost and capacity participation in Fort Worth's proposed "Northside II 48-inch water main", as
more particularly described therein, in connection with Customer's prior request for 10.3 MGD of
total water supply capacity and wholesale water service from Fort Worth;
WHEREAS,the Parties subsequently entered into that certain"Amendment No. I"of the
Water Supply Contract, dated July 11, 2016 and also identified as Fort Worth City Secretary
Contract No. 41111-A1 ("Amendment No. 2"). Amendment No. 2 set forth the terms and
conditions for Customer's participation in the costs of engineering, surveying and appraisal
services relating to Fort Worth's Northside II 30-inch water main project, generally consisting of
construction of approximately 14,590 linear feet of 30-inch water main along SH 170 from N.
Beach Street to 13590 Denton Hwy (Westlake's Wholesale Metering Station), as shown in
EXHIBIT A attached hereto, in connection with Customer's prior request for 10.3 MGD of total
water supply capacity and wholesale water service from Fort Worth;
WHEREAS, pursuant to and in accordance with Amendment No. 2, Customer previously
paid $407,635 to Fort Worth, which payment represented 42.72% of the total estimated
engineering, surveying and appraisal costs ($954,200) of the Northside II 30-inch water main
project. Customer's Engineering Payment was based on the assumption that the Town of Westlake
was participating in 5.8 MGD of capacity, and Forth Worth was participating in 3.05 MGD of
capacity, in the Northside II 30-inch water main project;
WHEREAS, at the time of execution of Amendment No. 2, the total projected design
capacity of the Northside II 30-inch water main project was 15.45 MGD. Fort Worth has now
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increased the total design capacity of the Northside II 30-inch water main project to 20.76 MGD,
and Customer now desires 12.3 MGD of total water supply capacity and wholesale water service
from Fort Worth; and
WHEREAS, the Parties desire to enter into this Amendment No. 3 in order to specify
Customer's revised capacity rights in the Northside I1 30-inch water main project; to specify the
respective responsibilities of the Parties for construction of the Northside 11 30-inch water main
project;to specify Customer's payment obligations with respect to the Northside 1130-inch water
main project; and to otherwise clarify the respective rights and obligations of the Parties with
respect to the Northside 1130-inch water main project.
NOW THEREFORE,for and in consideration of the mutual covenants,promises and
agreements contained herein,the sufficiency of which are hereby acknowledged,Fort Worth
and Customer do hereby agree as follows:
1.) Bidding and Construction. Fort Worth shall be responsible for preparation of all construction
contract documents, public bidding, award of a construction contract, and construction
administration related to the Northside 11 30-inch water main project. To the extent any
changes in plans and specifications of the project are necessitated in connection therewith,Fort
Worth shall be solely responsible for any such modifications.
2.) Customer Capacity and Service Rights. The Parties acknowledge and agree that the future
water demand for the Customer is estimated to be 12.3 MGD, and Customer currently has 3.7
MGD of service and capacity rights from the existing 21-inch water main owned and operated
by Fort Worth to provide wholesale water service to Customer at the point of delivery (as
defined in the Water Supply Contract). Customer has requested an additional 8.6 MGD of
wholesale water supply capacity at this time, and Fort Worth agrees to make available an
additional 8.6 MGD of wholesale water service capacity and service to Customer upon
completion of the Northside I130-inch water main project. The Parties acknowledge that the
additional 8.6 MGD of capacity to be furnished by Fort Worth to Customer represents 41.43
percent of the total 20.76 MGD capacity of the Northside 1130-inch water main project, based
on Fort Worth's Ordinance #21251-05-2014. The Parties further acknowledge that the Town
of Westlake is cost participating in 5.8 MGD of capacity in the Northside 11 30-inch water
main project, and Fort Worth is cost participating in 6.36 MGD of capacity of the Northside lI
30-inch water main project.
3.) Cost Participation.
A. The total estimated costs of project management, easements, right-of-way acquisition,
construction and related construction contingencies of the Northside 1130-inch water main
project (the "Project Construction Costs") is $9,463,600. Customer's pro rata
proportionate share of the Project Construction Costs shall be 41.43 percent, estimated to
be $3,920,374; the Town of Westlake's pro rata proportionate share of the Project
Construction Costs shall be 27.94 percent, estimated to be $2,643,973; and Fort Worth's
pro rata proportionate share of the Project Construction Costs shall be 30.64 percent,
estimated to be $2,899,253.
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B. Upon completion of construction of the Northside II 30-inch water main project, Fort
Worth shall calculate the final and actual costs of engineering design, surveying,appraisal,
permitting, project management, easements, right-of-way acquisition, inspection, material
testing and construction costs incurred for the Northside II 30-inch water main project(the
"Actual Phase 2 Proiect Costs").
C. The Parties agree that the Actual Construction Project Costs shall be shared by Customer,
Town of Westlake, and Fort Worth proportionately according to the percentages set forth
in Section 3(A) above. Customer agrees that its actual pro rata proportionate share of the
Actual Phase 2 Project Costs may differ from the projection stated in Section 3(A) above,
and Customer shall be responsible for payment to Fort Worth of 41.43 percent of the Actual
Phase 2 Project Costs.
D. The Parties acknowledge and agree that based on the capacity reassessment and revised
participation in the Northside II 30-inch water main project by Fort Worth and Customer,
the Parties' pro rata proportionate shares of the engineering, surveying and appraisal costs
for the Northside II 30-inch water main project undertaken pursuant to Amendment No. 2
should be adjusted. Accordingly, in connection with calculating the final pro rata share of
Actual Phase 2 Project Costs for which Customer is responsible,Fort Worth agrees to credit
Customer for the difference between the amount paid by Customer under Amendment No.
2 based on 42.72% cost participation and what Customer should have paid based on
41.43%cost participation (the estimated amount of such credit being$7,800).
4.) Billing and Payment.
A. Prior to award of a contract for construction of the Northside II 30-inch water main project,
Fort Worth shall send an invoice for payment to Customer for payment of Customer's
proportionate share of the Project Construction Costs in the amount of $3,920,374.
Payment shall be due and payable by Customer within 30 days after receipt of the written
invoice for payment from Fort Worth. Late payments shall accrue interest at the rate of
one and one-half percent (1-1/2%)per month until paid.
B. Upon final completion of construction and acceptance of the Northside II 30-inch water
main project, Fort Worth shall send an invoice for any additional payment owed by
Customer based on Customer's pro rata share of Actual Phase 2 Project Costs, which shall
be an amount equal to 41.43%of the Actual Phase 2 Project Costs. Customer shall pay the
invoiced amount in full within 30 days after receipt of the written invoice for payment. In
the event that Customer has paid more than its pro rata share of Actual Phase 2 Project
Costs, then Fort Worth shall send a check to Customer reimbursing the overpayment by
Customer within 30 days after final completion of the Northside II 30-inch water main
project. Late payments by Customer or Fort Worth shall accrue interest at the rate of one
and one-half percent (1-1/2%)per month until paid.
5.) Point of Delivery Matters.
A. The Parties specifically acknowledge and agree that although the Northside II 30-inch
water main project terminates at approximately the Westlake Pump Station, said pump
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station does not represent the point of connection between Fort Worth's water system and
Customer's water system,and that Customer previously sold and conveyed to Forth Worth
the water transmission line improvements located north of the Westlake Pump Station
along Highway 377. As a result and notwithstanding any provision to the contrary in
Amendment No. 1 or Amendment No. 2, Customer shall be responsible for construction,
expansion, operation and maintenance of all necessary mains and distribution facilities
from and beyond the point of connection (generally located at the intersection of Hwy 377
and Hwy 170)required to receive and utilize the water supply capacity to be made available
hereunder, and Fort Worth shall be responsible construction, expansion, operation and
maintenance of all necessary mains and distribution facilities on its side of the point of
connection required to furnish the water supply capacity to be made available hereunder,
including any expansion of the water transmission line improvements along Hwy 377
located north of the Westlake Pump Station.
B. In connection with construction of the Northside II 30-inch water main project, Customer
is authorized to upgrade the existing wholesale metering facilities at which the quantity of
wholesale water service furnished by Fort Worth to Customer is measured and to undertake
any additional improvements at said metering location so as to allow Customer to receive
12.3 MGD of wholesale water supply from Fort Worth upon completion of the Northside
I1 30-inch water main project. Customer shall be responsible for payment of all costs and
expenses associated with the design and construction of such improvements in accordance
with Section 3.3 of the Water Supply Contract. Customer shall furnish the design of the
improvements to Fort Worth for review and approval prior to commencement of
construction. Customer should submit construction plans through Fort Worth's
Infrastructure Review Group for Fort Worth's review. Fort Worth shall provide comments
on the plans and specifications within twenty (20) calendar days after receipt thereof. If
Fort Worth disapproves any element of the plans, it shall so advise Customer and the
process shall be repeated until the plans and specifications are approved by Fort Worth.
Customer shall award the contract to a Fort Worth approved pre-qualified contractor.
Customer is responsible for paying the 2% inspection fee and 2% material testing fee to
Fort Worth prior to commencement of construction. Customer shall notify Fort Worth of
the pre-construction meeting at least two weeks in advance of the meeting. Fort Worth
shall attend the pre-construction meeting and inspect the wholesale meter upgrade
improvements upon completion and prior to final acceptance. Customer shall provide the
as-built plans to Fort Worth at the completion of the project.
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This Amendment No.3 shall become effective upon the last date of execution by the Parties below.
CITY OF FORT WORTH TROPHY CLUB MUNICIPAL
DISTRICT NO. 1
JESUS J. CHAPA MIKE MCMAHON
ASSISTANT CITY MANAGER GENERAL MANAGER
DATE: !ice ' �-17 DATE: Yom'/0 a O l -7
APPROVED AS TO FORM AND APPROVED AS TO FORM AND
LEGALITY LEGLA,
U4 K S
CHRIS A LOPEZ- OLDS AN HONY S. CO ETT
SR. ASSISTANT CITY ATTORNEY i ORNEY DISTRICT LEGAL COUNSEL
ATTE ATTEST
RV KAYSE : '' ,p LAURIE- SLAGHT
ITY SECRET x;: ,` DISTRICT SECRETARY
I
OFFICIAL RECORD
5 CITY SECRETARY
FT.WORTH,TX
EXHIBIT "A"—
30-inch water main along SH170 from N. Beach Street to 13590 Denton Hwy (Westlake's
Wholesale Metering Station)
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EXHIBIT'A'—
30-inch water main along SH170 from N.Beach Street to 13590 Denton Hwy(Westlake's Wholesale Metering Station
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Resolution 17-33