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HomeMy WebLinkAboutContract 41091-A1CSC No. 41091-A1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 41091 CITY OF BURLESON WHOLESALE WATER CONTRACT WHEREAS, the City of Fort Worth ("Fort Worth") and the City of Burleson ("Customer") entered into that certain Water Services Agreement, with term of January 1, 2011 through September 30, 2031 (Fort Worth City Secretary Contract No. 41091) (the "Contract"); and WHEREAS, the cities of Crowley and Burleson and the Bethesda Water Supply Corporation each have individual contracts for water supply with the City of Fort Worth but may share certain connection points or other facilities; and WHEREAS, the Contract provides for Customer to purchase from Fort Worth and for Fort Worth to supply, at reasonable rates, treated water for Customer's use; and WHEREAS, the Contract, at Section 3.2 (Points of Delivery) and 3.3 (Costs of New or Additional Connections), anticipates future expansion by the Customer as its needs dictate; and WHEREAS, Customer has a current capacity of 2 million gallons per day (MGD) at Meter # 1 &2 and desires to increase its capacity by an additional 11 MGD at existing Meter # 1 &2 for a total increased capacity of 13 MGD; and WHEREAS, Customer is required to share in the cost of design, construction and easement acquisition for the project, which will make certain system improvements to Fort Worth's Southside II water system; and WHEREAS, to support the increased water needs, construction of new 36" and 42" water mains, the upsizing of existing 16" and 20" mains to 24" as well as new meter points is required; and WHEREAS, Exhibit "A-1" reiterates the existing meter points and identifies the Customer's new meter locations; and WHEREAS, the Contract contemplates an Exhibit "F-1" Additional Terms, which heretofore was not utilized; NOW, THEREFORE, in consideration of the above -stated recitals, the contract is hereby amended as follows: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 1. The Contract is hereby amended by inserting Exhibit A-1, attached hereto and incorporated herein for all purposes, which shall supplement Exhibit A. 2. The Contract is hereby amended by inserting Exhibit F-1, attached hereto and incorporated herein for all purposes, which sets forth the details, including the engineering cost estimate and anticipated location(s) of the new or improved infrastructure to serve the Customer within the Southside II system to serve Customer's additional water take. 3. All other exhibits, terms and conditions to the Contract not specifically amended hereby shall remain in full force and effect. EXECUTED and EFFECTIVE as of the date subscribed by Fort Worth's designated Assistant City Manager. CITY OF FORT WORTH baruv 8cr.�A6id�f Dana Burghdoff (Jan'i9, 202416.06 CST) Dana Burghdoff Assistant City Manager CITY OEWIV, Mayor DATE: 44�a a��Il DATE: bl ?bZ3 ATTEST a ~� °9�P0. ATTEST Pvo o=d P�Q* o, *�d ........ oSg4 Jannette S. Goodall City Secretary City Secretary Recommended By: Recommended B Christopher Harder (Jan 17, 2024 08:23 CST) Chris Harder, Director Name: Water Department Title: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Burleson First Amendment to FWCS 41091 2 of 3 Approved As To Form And Legality DBlack (Jan 18� CST) Douglas W Black Sr. Assistant City Attorney Contract Compliance Manager: By signing,) acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. I A/ZozLt Matt Kusnir. Engineering Manager Approved As To Form And Legality L City Attorney City of Burleson First Amendment to FWCS 41091 3 of 3 EXIT A-1 SERVICE AREA AND POINTS OF CONNECTION Customer Meter ID Burleson Burleson #1 Burleson #2 Burleson #3 Burleson Total Exhibit A-1 Customer Meters Address Meter Pressure Comments Primary Standby Sizes In. Plane 850 N.E Alsbury Blvd 10" 850 N.E Alsbury Blvd 16" 2" 800 16" 2" Shaftstall SS2 N/A 1 N/A 1 SS2 SS3 Compound 1 2 u0-) -no 0 CD For general purpose only. Contact City of Fort Worth Department of Transportation Public Works at 817-392-8426 to get plan information for design or construction purposes. UOZ/6ZM (JMA) pxw sialawialeMuosapng\sdewuogeoodloeiluo0jataWiawotsnDalesaloqM\aoueuelulew sagllIoel\uogonpoad\stoafad\glg\sdnaD\jalem\tos;oMnyp MIR L04 CD U) 0) E CD O cD 3 O CD CD r+ CD n u0-) -no 0 CD For general purpose only. Contact City of Fort Worth Department of Transportation Public Works at 817-392-8426 to get plan information for design or construction purposes. UOZ/6ZM (JMA) pxw sialawialeMuosapng\sdewuogeoodloeiluo0jataWiawotsnDalesaloqM\aoueuelulew sagllIoel\uogonpoad\stoafad\glg\sdnaD\jalem\tos;oMnyp MIR L04 CD U) 0) E CD O cD 3 O CD CD r+ CD n u0-) -no 0 CD For general purpose only. Contact City of Fort Worth Department of Transportation Public Works at 817-392-8426 to get plan information for design or construction purposes. UOZIWILO (JMA) pxw sialawjaleMuosapn8\sdeWuogeoodloeiluoojalawjawolsnoeleseloyM\aoueuatwew sagilioel\uoilonpojd\sloafmd\slo\sdnoje\jalem\tos;omnyp MIR L04 CD U) 0) E CD O cD 3 O CD CD r+ CD n Exhibit F-1 TERMS OF SOUTHSIDE II TRANSMISSION MAIN EXTENSION FOR WHOLESALE CAPACITY INCREASE TO CROWLEY, BURLESON, AND BETHESDA Project: South Side II Water Main Improvement and Extension Project PUBLIC-WHOLESAL PARTNERSHIP IN PUBLIC INFRASTRUCTURE PROJECTS A. Description of Project/Benefits to City and Water Wholesale Customers The project will bring additional capacity to support development in southern Fort Worth along I- 35 in addition to extra capacity for Crowley, Burleson, and Bethesda. This shown in this Exhibit "F" (Crowley), "F-1" (Bethesda, Burleson) Terms, Scope of Work and Cost Share engineers estimate, to the Vt amendments of their Contracts depicts the proposed main oversizing for all 3 Cities and proposed new water main extension with new connection point for the City of Crowley. The Project Management will be conducted by City of Fort Worth. Exhibit "F" "F-l" outlines the full extent of Terms and all phases of the project to be completed. The full project scope includes the following. The segments matching the exhibit "F", "F-1" are in parenthesis: • 11,000 feet of parallel 42" water main (A) • 4,500 feet of parallel 36" water main (B) • 5,000 feet of 24" water main extension (C) • 25,000 feet of 24" water main extensions to replace existing 16" mains (D, E, F) • One (1) new wholesale meter connection The cities' proportional responsibilities for this project is outlined in other sections of these terms and the $56,960,401 engineers estimated cost share breakdown is outlined in exhibit "engineers estimate". B. Existing and Future Capacity The table below shows existing and future capacity, in million gallons per day (MGD) at each meter as well as the proposed projects that need to be completed before the capacity is available: City / Entity Current Capacity Future Total Projects required to Capacity increase Capacity increase capacity Crowley Meter #1 1.1 MGD 4.4 MGD 5.5 MGD Segments A, B, D Crowley future 0 MGD 7.9 MGD 7.9 MGD Segments A, C, and meter #3 new meter install Bethesda #1 4 MGD 6 MGD 10 MGD Segments A, B, E Burleson (combined 2 MGD 11 MGD 13 MGD Segments A, B, F meter #1 and #2) Draft Term Sheet Page 1 of 4 [Crowley, Bethesda, Burleson] [SSII Main Extensions] C. Cost Sharing/Allocated Capacity/Percent Share of Line Segment/Distance x Capacity The tables below shows the cost -sharing for each segment: Allocated Capacity (MGD) Wholesale Current Future City / Entity Demand Total A B C D E F Crowley 1.1 13.4 12.3 4.4 7.9 5.5 Burleson 2 13 11 11 12.76 Bethesda 4 10 I 6 6 6 Fort Worth 12.76 9.16 4.86 7.26 6.76 0 Proposed Line Size 42" 36" 24" 24" 24" 24" Line Capacity (per WMCC ordinance) 42.06 30.56 12.76 12.76 12.76 12.76 Total Allocated Capacity 42.06 30.56 12.76 12.76 12.76 12.76 Estimated Length (ft) 11,000 4,500 5,000 5,500 11,500 8,000 Percent Share of Line Segment City / Entity A B C D E F Crowley 29% 14.4% 61.9% 43.1% 0.0% 0.0% Burleson 26% 36.0% 0.0% 0.0% 0.0% 100.0% Bethesda 14% 19.6% 0.0% 0.0% 47.0% 0.0% Fort Worth 30% 30.0% 38.1% 56.9% 53.0% 0.0% Distance x Capacity % of A B C D E F share Crowley 135,300 19,800 39,500 30,250 0 0 22.9% Burleson 121,000 49,500 0 0 0 102,080 27.7% Bethesda 66,000 27,000 0 0 69,000 0 16.5% Fort Worth 140,360 41,220 24,300 39,930 77,740 0 32.9% • The general formula for cost -sharing used to derive the table above is as following: % paid by entity = requested capacity in the proposed segment / capacity of the segment as defined by the Fort Worth Water Main Capacity ordinance • The additional wholesale meter to be installed for Crowley is 100% Crowley cost responsibility. Draft Term Sheet Page 2 of 4 [Crowley, Bethesda, Burleson] [SSii Main Extensions] • For the alignment study and 60% design project that encompasses all segments, the following table represents the cost -sharing responsibility: City / Entity % of share Crowley 22.9% Burleson 27.7% Bethesda 16.5% Fort Worth 32.9% The formula to calculate the cost -sharing for multiple segments is based on the weighted average (length x capacity of segment). Unless explicitly listed as an exception, all project costs are to be shared between the entities / cities, including: consultant costs related to design, land acquisition, and construction, easement acquisition including legal and attorney fees related to easement acquisition, franchise utility fees or relocations, public notifications, outside entity permits such as TxDOT or railroad, material testing and inspection, public bidding and advertisement costs The following costs are NOT to be shared: city/entity staff time D. Payments The following outlines how the project costs will be collected: 1- Fort Worth is under contract for a 60% design and alignment study that will cover the entire scope (all segments) as shown in Exhibit "F", "F-1". The money for the contract is being fronted by Fort Worth with the expectation of partial reimbursement: a. Upon execution of the wholesale agreement amendments covering the terms outlined in this document, each party agrees to pay their proportional share as outlined in Section C, with engineers estimated amounts in exhibit "F-l" within 30 days. 2- Upon completion of the 60% design and alignment study, Fort Worth will engage the design engineer to provide a cost to finalize design as well as cost for construction services and the construction inspection cost estimate. 3- Fort Worth will begin to obtain easements for the respective line segments. As easements are obtained, Fort Worth will track the costs and present an invoice to each city/entity consistent with the cost sharing outlined in Section C, Each city/entity is responsible for paying the invoices presented within 30 days. a. After design is complete, construction will NOT start until all easement cost invoices are paid to Fort Worth 4- After design is complete and easement invoices paid by all, the project will be advertised for bid a. Once bids are received, each city/entity will receive an invoice, based on the low bid, from Fort Worth for their proportional costs of construction b. The invoice received will include proportional costs related to the estimate for construction services and inspection 5- Upon completion of construction, Fort Worth will issue an invoice to each city/entity to settle up changes in difference between construction, construction services, and inspection costs actually accrued versus the estimate paid. The invoice (or credit) will be paid to (or by) Fort Worth within 30 days. E. Project Management and Administration Draft Term Sheet Page 3 of 4 [Crowley, Bethesda, Burleson] [SSII Main Extensions] The City of Fort Worth will manage all phases of the project, including engineer selection, design, land acquisition, bidding/advertisement, and construction administration. Design and construction standards will be as determined by the City of Fort Worth. Depending on the size and estimated costs of entire project, Fort Worth may choose to break down the project into smaller segments and utilize multiple contractors or a phased construction approach. However, if Fort Worth chooses to phase construction, then Fort Worth will continue between multiple phases without any unreasonable / controllable delays in between phases. In other words, upon completion of one phase, Fort Worth will move as quickly as feasibly possible in construction of another phase. Unless mutually agreed upon by Fort Worth and the affected entity(ies), no segment will be delayed (as far as it can be controlled) from the design or construction process. F. Miscellaneous 1- The City of Fort Worth will work with each individual entity in modifying the wholesale water agreement to accurately reflect the additional capacity enabled due to this project Draft Term Sheet Page 4 of 4 [Crowley, Bethesda, Burleson] [SSII Main Extensions] 48' CROWLEY #3 ow Crowley WL-(C) 24" tWL-(D) 24" (upsize) 7 � Crowley 1 1 �° ! IN. i 1 1� 7 WL-(F)24" (upsize) 9 c- 1 Bethesda 1 M L Burleson Burleson 1 &2 r '�` 16" Rendon , %gum ; 1 - 6/3I2022 COPYRICITYOF FORT WORTH SSII Transmission Main Uf•:...-PREPRODUCTION IS A VIOILA10N OF APFLILAE LAWS FORT �\ THIS —A IS TORE USED FORAGRAPHICAL REPRESENTATION ONLY. Extension for wholesale THE ACCURACY IS MOTTO BE TAKEN I USED AS DATA PRODUCED FOR WA•fER SURVEYOR fR THECP`(OFFRBY 0.REOISTEREDPROFESSIONALLAND Capacity Increase - It ENGINEERING NGINE OR G PURPOSES URP l E OR RBY A RTN STERED PAS.UMESROFESSIONAL ZONAL LILITY N FOR THE ACCURACI OF SAID DATA �UI r'S91! Exhibit F-1 NSTELLA L' EDP AM %IUCnexT an O N CROCK[.YT IIF o Er,.A L1 __ NICOLE ;AAY �� -- - KEV BEER E9ERR0. BLAYCA AR rN N soft �1WL-(B)36" (parallel) WL-(E) 24" (upsiz 16" )�- n ENGINEERS ESTIMATE (Phases Estimated Cost Start End Crowley Burleson Bethesda Fort worth Crowley Burleson Bethesda Fort Worth �0-10%Design 52,348,401 8/22/22 3/4/24 23% 28% 16% 33% $537,181 $651,211 $397,028 $772,981 (60 - 100% Design (and construction services) $3,000,000 3/4/24 3/4/25 23% 28% 16% 33% $686,230 $831,899 $494,415 $987,457 Easement Acquisition $4,912,000 10/1/24 2/1/26 23% 28% 16% 33% $1,123,587 $1.362,096 $809,522 $1,616,795 Advertise, Bid, Award Construction: Segment A $13,500,000 Stage 1 Stage 1 29% 26% 14% 30% $3,947,932 $3,530,670 $1,925,820 $4,095,578 Construction: Segment B $7,100,000 Stage 1 Stage 1 14% 36% 20% 30% $1,022,251 $2,555,628 $1,393,979 $2,129,141 Construction: Segment C $5,800,000 Stage 2 Stage 2 62% 0% 0% 38% $3,590,909 $0 $0 $2,209,091 Construction: Segment D $6,900,000 Stage 2 Stage 2 43% 0% 0% 57% $2,974,138 $0 $0 $3:925,862 I Construction: Segment E $6,000,000 deferred deferred 0% 0% 47% 53% $0 So $2,821,317 $3,178,683 Construction: Segment F $7,400,000 Stage 2 Stage 2 0% 100% 0% 0% $0 $7,400,000 $0 $0 Construction: Stage 1 8/5/25 8/5/27 (Construction: Stage 2 7/31/26 1/29/28 Total $56,960,401 $13,882,227 $16,331,504 $7,832,081 $18,914,589