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