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HomeMy WebLinkAboutContract 52220-A1CSC No. 52220-A1 FIRST AMENDMENT TO AGREEMENT FOR WATER SERVICE BETWEEN THE ClTY OF FORT WQRTH, TEXAS AND WfLLOW PARK, TEXAS STATE OF TEXAS COUNTY OF TARRANT , This First Amendment to Agreement for Water Service between the Cit�of Fort Worth, Tex s and Willow Park, Texas is made and ent�red into this � day of , 2021 by and between the City of Fort Worth, ac#ing by and through ana Burghdoff, iks duly authorized Assistant City Manager, hareinafter called "F'art Worth" and Wil[ow Park, Texas, acting by and through Doyle Moss its duly authorized Mayar, hereinafter called "Custamer," and hereinafter collectively referred to as the "Parties°. WHEREAS, on March 25, 2019 Fart Worth and Custamer entered inio an Agre�meni for Water Service between #he City of Fart Worth, Texas and Willow Park, Texas (City Secretary Contract No. 52220) (the "Agreert7ent") tl�rough which Fo�t Worth agreed to supply treated water at a reasonable rate to Willow Park; and WHEREAS, on April 24, 2019 Fort Worth and Hudson Oaks enfered into an Agreement for Water Service between the City of Fort Wor�h, Texas and the City of Hudson Oaks, Texas {City Secretary Contract No. 52219} through which Fort Worth agreed to supply treated water at a reasanable rate to Hudson Oaks; and WHEREAS, pursuant #o the Agreement C€�stomer was responsible for the design, easement acquisition, construction and inspection of the approach main and wholesaie billing me#er for the supply of treated water ta Willow Park and Hudson Oaks from Fort Worth; and WHEREAS, Fort Wor#h has requested that Custamer furnish as-buil# surveys of the portion of the approach main #hai will be owned and operated by Fort Worth; and WHEREAS, in cannection with the supply of treated water from Fort Worth, it is necessary for Customer to construct a ground storage tank, pump stations, and other facilities; and WHEREAS, tha appraach main required for the supply of water from Fort Worth is scheduled to be completed before the wholesale �illing meter, ground storage tank, pump stations, and other facilities can be campleted; and WHEREAS, Customer has agreed to install a temporary meter at Customer's expense to purchase treated wa#er from Fort Wo�th on a temporary basis until the wholesale water meier, ground s�orage tank, pump stat�ons, and other facilities can be completed; and 11filslciiyofficelCity CouncillP,GENDAS12a21 CC AGENDAIS MAY12021.05251Bryan's FolderlAmend (PAT)1Wiilow Park.1st Amend to Water Service w Fort Worth.FINAL (1).docx OFFICIAL REC�RD CITY SECRETARY FT. VIlORTH, TX herein. WHEREAS, Fart Worth and Customer desire to amend the Agreemen# as provided NOW, THEREFORE, KNOW ALL BY THESE PRESENTS, Fort Worth a�d Customer do here�y agree as follows: SECTI�N 9. Exhibit F"Additional Terms" of the Agreemeni is hereby amended by revising paragraph 5 ta read as follows: 5. System Buy-In: A system buy in charge will be assessed prior to making connection to the Fort Worth water system in accordance with the follawing Table Customer Cit Asset Assessment Associated Cost Hudson �aks and WS IV 3�" Wat�r Main Capacity $3,283,271 Willow Park Charge (6.73 MGD x$487,856 per MGD WS V 36" Water Main Capacify $386,733 Charge (6.73 MGD x $57,464 per MGD TOTAL BUY IN CQST $3,67U,Q04 Notwi#hs#anding the abo�e, far purposes of the temporary water supply authorized below, Fort Worth wil! send the Customer an irtvoice tor a proportionat� amaunt of the system buy in charge equaling $1,908,402.08, which constitutes 100% of the Wiilow Park buy in cost. The Customer shall pay this amaunt af tl�e time the temporary water connection is made and priar to receiving temporary water service. Ti�is payment wilf entitle the Customer to recei�s a maximum #emparary water supply of 540,000 gallday as pro�ided below. The remainder af the system buy in charge stated in the above Table shall be paid upon the permanent water connection being completed and prior to the supply of the agreed 6.73 mgd pursuant to this Agreernent. SECT�ON 2. Exhibit F"Additional Terms" of the Agreement is hereby amended by adding new paragraphs 17, 18, 19 and 20 to read as follows: 17. As-Built Survev: Within one hundred twenty {120) days after the ca�struction ofi the pipeline is complete, the Custamer shall pra�ide Fort Worth and the grantor of the easement {°Grar�tor") with an "as- built" survey of the portion of the pipeline fo be transferred to Fort Worth (the portian of the line from the For� Worth isolation val�e at Page 2 1lfilelcityofficelCity CounciltiAGENDAS12021 CC AGENDAIS MAY12021.05251Bryan's FOIderlAmend Fw Water Agreement (PAT)IWi11ow Park.lsl Amend to Water Service w Fort Worth.FINAL (1).docx the ETJ line east to the connec#ion point with the existing 36" line along Farmer Road), marked and surveyed by a Texas Registered Public Surveyar, with the certification addressed to the Customer, Fort Worth, and Grantor, shawing the exact elevatian, bcation and dept� of the pip�line with benchmarks described with elevations at approximately five hundred (500} foot in#ervals, and shall pro�ide a full size copy of the surv�y to Fort Wortl� and Grantor. The Customer agrees to place #he pipeline as close as is reasonably practical to t�e line shown on Exhibit A fo the eas�rnent, but in no event more than five (5) feet of the center iir�e of the PipeEine Easement Area. 18. Temporary Water Su�plv: Upon completion of construction of the approach main by the Customer, �ort Worth agrees to pro�ide temporary water s�rrrice to the Customer. Such temporary water service shall be for a maximum periad of six (6) manths from the daf� the temporary water m�ter is approved for use by Fort Worth. The to#al demand for water by the Customer shall not exceed 500,000 gallday duriRg fhis temporary s�rvice period. Fort Worth shall bill the Custamer directly for temporary water supplied under this Agreement. The Customer shall r�rrtit payment to Fort Worth in aceordance with the payment pravisians �n the Agreement. 19. Temporary Water Connection: The Customer will be responsibie for installing all temporary facilities and connections b�tween the Fort Worth approach main and tF�e C�stomer's existir�g distribution system at the site of the future �round storage tank and pump station an EI Chico Trail. These temporary connections will be on property owned by the Customer and as depicted on Exhi�it H. The Customer shall construct a combination rate of flow and pressure reducing val�e, and a double check valve, to feed the Customer's distributian system directly from the Fort Worth pressure system. The Cus�omer will hold Fort Worth harmless for any pressure related issues which may arise in the Customer's distribution system fram #his temparary supply. The Customer will insiall a 6" Sensus Omni T2-turbine water meter in a va�ft along with a rernote monitoring connection ta the Fort War�h SCADA system. No temporary water servEce shalf be alfowed unti! complete installation and operability of these temporary mef�ring facilities is accornplished. 20. Water Use Restrictians and Cons�rvation: The requirements of Sectian 2.5 of the Agreement shall be applicabie and the Customer shall comply with all such restrictions during the temporary supply of water allowed h�rein. Page 3 1lfilelcityofficelCity Council1/1GENDAS12021 CC AGENDAIS NiAY12021.05251Bryan's FolderlAmend FW Water Agreement (PAT}1Wiilow Park.l5t Amend to Water Service w Fort Worth.FINAL (1).docx SECTION 2. All other ter'ms and provisions of th� Agresment which are nat amended hereby shall remain in full force and effect. IN T�STIMONY WHEREOF, this Agreement i�as been executed ort the date executec� by the City Secretary as shown below. �,d4����� ATTEST: p�� FORp��d ��ao 00000 00 � o � 0 p�o �_o o��� �/��\�� �o � � 0 °° a � � d Mary Kayser ��d� ° � � o���00000�� 'O' City Secretary a� �EXASa�b Date: � u n 7, 2021 CITY OF �'ORT WORTH DAh� Burghdoff Dana Burghdoff 9ay P, 2021 23:Z5 PDT) Dana Burghdoff Assistant Ciiy Manager City of Fort Worth APPROVED AS TO FORM AND LEGALITY: Cti�� R, L�e�z-Re��rr�Cr7� Christa R Lopcz Rcynolds (May 27, 2021`�14:00 CDT) Christa R. Lopez-Reynolds Sr. Assistant City Attorney RECOMMENDED BY: CLZ�%I�D.I��G� h`�G�G� Christ�rder (May 27, 2021 ll32 CDT) Christopher Harder, P.E. Director of the Ciiy of Fort Worth Water Department ATTEST: City Secretary, C CfTY OF WILLOW PARK �. - L oung Mayor Protem, City f Will w Park 1lfilelcityotficelCity CouncillAGENDAS12021 CC AGENDAIS MAY12021.p52518ryan's FoldertiAmend (PAT)1Willow Park.1 st Amend lo Water Service w Fort WorIh.FINAL (1).docx OFFICIAL REC�RD CITY SECRETARY FT. 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