HomeMy WebLinkAboutContract 39743-A1 CITY SECRETARY �3 1
CCIMWCT NO.
FIRST AMENDMENT TO
CITY SECRETARY CONTRACT NO. 39743
AGREEMENT FOR RECLAIMED WATER SERVICE BETWEEN THE CITIES
OF EULESS AND FORT WORTH
WHEREAS, on the 2ND 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"F-2"; 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 a new Section 25 "Points of Delivery" to
read as follows:
OFFICIAL Rr-CORD�
CITY ST:CRETARY
;:T. *C)f fi, TX
Page 1 of 6
1.
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 "B-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.
I int:amendment to F uless Reclaimed w atcr Aareement
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25.3 Customer agrees to the following total minimum annual quantity of Reclaimed
Water for the following eight (8) fiscal years of the Agreement:
Year Texas Star Bear Creek Total Minimum Annual Quantity
MG MG MG
2012 120 100 220
2013 120 103 223
2014 120 103 223
2015 120 103 223
2016 120 103 223
2017 120 103 223
2018 120 103 223
2019 120 103 223
The minimum annual quantity in this table is based on the annual revenue required
to keep the System subsidy at an eight (8) year pay back period and shall be increased or
decreased based on the actual cost of the extension. However, if Customer's actual use and
payment of Reclaimed Water meets and exceeds the total cost of the extension at an earlier
date, then the Customer shall cease to be obligated to take the minimum annual quantity of
Reclaimed Water described above. This combined total minimum annual quantity shall not
commence until Reclaimed Water service becomes available at the Bear Creek point of
delivery pursuant to Section 7.5, Charges, of the Agreement. The Parties agree that
Customer may aggregate the use of both points of delivery to satisfy Customer's total
First amendment to I ulcss Reclaimed'Aater:\ercement
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minimum annual quantity, which shall be the basis for the minimum monthly charge
pursuant to Section 7.5.2 of the Agreement.
25.4 Fort Worth shall be responsible for the design and construction of 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 `Jf 9i-eV'yj\p,e a� , 2011.
CITY OF FORT WORTH CITY OF SS
Fernando Costa Gary amie
ASSISTANT CITY MANAGER CITY MANAGER
DATE: 0\ 'm—) `ZDI\ DATE:
APPROVED AS TO FORM AND APPROVED AS TO FORM AND
�EGALITY LEG ITY
Christa k. Reynolds Wayne K. Olson
SR. ASSISTANT CITY ATTORNEY CITY ATTORNEY
ATTEST ATTEST
Marty Hendrix Ki Sutter
CITY SECRETARY p Do 00000 °
° °O °�Q��� C Y SECRE'T'ARY
RD'
First,Amendment to I uless R O wa gr ent S. Off= ;
c RRIAN AI. �� °o d of 6 CIT'� SE.CIRESAR
TX
EXHIBITS F-1 & F-2
POINTS OF CONNECTION
Exhibit F1: Connection to Texas Star Golf Course and Athletic Complex
City of Euless nl P E
Connection point to City of Euless
td. reclaimed water line to serve Texas Star
TIXA Golf Course and Athletic Complex
GOLF
City of Fort
Wirth
MOStE ..;.
FZ
ARL
City of Arlington LA
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
BearCk.Pkwy HWY M hi
�av
c
City of Euless
`a
City Of
Fort Wirth
Trinity Blvd.
First Amendment to I uless Reclaimed water Aerecment
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♦ ' 1
EXHIBIT B-2
Form for Submitting Customer's Estimate of Reclaimed Water Use
Customer: City of Euless Date:10-1-11
Point of Delivery: F-2, Bear Creek
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 1,241
November 1,194
December 1,788
January 6,383
February 9,469
March 13,905
April 20,116
May 19,755
June 10,938
July 7,618
August 5,294
September 2,298
Does this Exhibit B supersede a previous Exhibit B? Yes ❑ No®
If yes, what is the Effective Date of superseded Exhibit B?
If yes, execution by authorized Fort Worth representative is required.
Fort Worth Water Department Representative Date
First Amendment to Euless Reclaimed water Agreement
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M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORTT oRm
COUNCIL ACTION: Approved on 9/13/2011
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 FROM Fund/Account/Centers
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: S. Frank Crumb (8207)
Additional Information Contact: Skipper Shook (8402)
http://apps.cfwnet.org/council_packet/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 packet/mc review.asp?ID=15680&councildate=9/13/2011 9/14/2011