HomeMy WebLinkAboutContract 41100-A1 CITY SECR,E1'A ^ � 1
CONTRACT NO. -
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS
COUNTY OF TARRANT
AMENDMENT TO THE AGREEMENT FOR WATER SERVICE BETWEEN THE CITY
OF FORT WORTH AND THE CITY OF KELLER FOR THE CONSTRUCTION OF A
NORTHSIDE II 48-INCH WATER MAIN AND ALLOCATED CAPACITY
This Amendment is made and entered into by and between the City of Keller, acting herein by and
through its Interim City Manager, Chief Mark Hafher, hereinafter referred to as CUSTOMER and the City
of Fort Worth, acting herein by and through its Assistant City Manager, Fernando Costa, hereinafter referred
to as FORT WORTH, all of Tarrant County, State of Texas, (collectively the"PARTIES")witnesseth:
WHEREAS, FORT WORTH and CUSTOMER have entered in an Agreement for Water Service known as
Fort Worth City Secretary Contract No. 41100("CONTRACT"); and
WHEREAS,the parties recognize that there is a need for additional water capacity in the northeast sector of
Fort Worth and in Keller;and
WHEREAS,to address this need FORT WORTH is constructing a water 48-inch water main from Heritage
Trace Parkway to Alta Vista and Timberland Boulevard, approximately 11,713 linear feet as shown in
EXHIBIT Fla; and
WHEREAS, CUSTOMER has requested capacity in the proposed water main which will increase its total
projected water demand; and
WHEREAS, Section 3.3 of the CONTRACT states that the CUSTOMER shall pay for each new or
enlarged or additional connection to the FORT WORTH system, including the cost of the wholesale meter
and the CUSTOMER's proportionate share of the improvements required for that service; and
WHEREAS, CUSTOMER recognizes that the City of Southlake, Trophy Club Municipal Utility District
No. 1 and the Town of Westlake have also requested capacity in the proposed Northside II 48-inch water
main;
OFFICIAL RECORD
CITY SECRITARY
RECEIVED MAR 112015 FT.WORTH,TX
WHEREAS,the PARTIES agree that the CUSTOMER's cost and participation for the Northside II 48-inch
water main shall be as stated in this AMENDMENT
NOW THEREFORE,the PARTIES agree to amend the CONTRACT as follows:
The CONTRACT shall be amend to include the following as EXHIBIT F.2
ALLOCATION OF COST AND CAPACITY FOR THE
NORTHSIDE II 48-INCH WATER MAIN
1.) FORT WORTH shall be responsible for the preparation of plans and specifications,
together with any modifications required during construction, and contract
documents for the construction of the Northside II 48-inch water main, shown on
Exhibit F2a.
2.) CUSTOMER requested an additional 3.5 MGD, increasing its existing capacity of
14.4 MGD to a total of 18 MGD at the North Beach Wholesale meter location
shown on Exhibit A to the CONTRACT. The additional 3.5 MGD equals to 5.8
percent of the proposed Northside II 48-inch water main's 60 MGD capacity. The
estimated total engineering and construction cost of the Northside II 48-inch water
main is estimated $15,959,000. Customer agrees to pay FORT WORTH 5.8 percent
that equals to $930,942 as its proportionate share of the cost.
3.) CUSTOMER agrees that it shall not use more than 3 MGD at CUSTOMER's Katy
Road meter as shown on EXHIBIT A to the CONTRACT.
4.) The cost of easements, appraisal fees, and right-of-way acquisitions shall be shared
by FORT WORTH, CUSTOMER, Southlake, Trophy Club Municipal Utility
District No.l and Westlake proportionately.
5.) The estimated engineering and construction costs presented herein are for planning
purposes. Actual Project cost may differ and shall be adjusted to reflect the final cost
of engineering, construction, easement and right-of-way acquisition and financing.
Actual Project cost shall be shared by the PARTIES in the same percentage
breakdown as designated for the estimated cost.
6.) Nothing contained herein shall be construed so as to prevent FORT WORTH from
including the costs it incurs hereunder as system costs as that term is defined in the
CONTRACT with CUSTOMER.
7.) All payments are due and payable within 30 days from the date the Northside 1148-
inch water main is completed. A payment is late if not paid within 10 days from the
due date. Late payments shall accrue interest at the rate of one and one-half percent
(1-1/2%)per month until paid.
If the Customer exceeds the requested 18 MGD capacity at North Beach meter, then
the Customer will be required to provide additional cost participation toward the
proposed 48-inch water main. If the Customer exceeds the 3 MGD at the Katy Road
meter, then the Customer will be required to provide additional cost participation
toward Northside III water main upsizing to deliver additional flow to the meter.
This AMENDMENT shall become effective upon full and complete execution of each party below:
iL.
tAGj-
EXECUTED this J' day of_Jam, 2015.
CITY OF FORT WORTH CITY OF KELLER
4../'�'
FERNANDO COSTA CHIEF MARK HAFNER
ASSISTANT CITY MANAGER INTERIM CITY MANAGER
DATE: 3 /0 2v�5/ DATE: 3/I S
APPROVED AS TO FORM AND APPROVED AS TO FORM AND
LEGALITY LEGALIT
CHRISTA LOPEZ-REYN DS STANTON RY
SR. ASSISTANT CITY ATTORNEY CITY ATTORNEY
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/2/2014
DATE: Tuesday, December 02, 2014 REFERENCE NO.: C-27101
LOG NAME: 60AMEND WHOLESALE CONTRACTS NSII 481N MAIN
SUBJECT:
Authorize Amendments to the Agreements for Water Service with the City of Southlake, City Secretary No.
41110, City of Keller, City Secretary No. 41100, Trophy Club Municipal District No. 1, City Secretary No.
41111 and the Town of Westlake, City Secretary No. 41112 for Cost Participation in the Aggregate Amount
of$7,293,263.00 Toward the Capacity Needed from the Northside II 48-Inch Water Main from Heritage
Trace Parkway to Alta Vista and Timberland Boulevard (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute amendments to the
Agreements for water service with the City of Southlake, City Secretary No. 41110, City of Keller, City
Secretary No. 41100, Trophy Club Municipal District No. 1, City Secretary No. 41111 and the Town of
Westlake, City Secretary No. 41112 for capacity cost participation toward the Northside II 48-inch water
main from Heritage Trace Parkway to Alta Vista and Timberland Boulevard.
DISCUSSION:
The City's existing Agreements for water service with the City of Southlake, City Secretary No. 41110, City
of Keller, City Secretary No. 41100, Trophy Club Municipal District No. 1, City Secretary No. 41111 and
the Town of Westlake, City Secretary No. 41112 require the wholesale customer to cost participate toward
the additional capacity needed from proposed Fort Worth water transmission mains. These wholesale
customers have requested capacity from Phase I, Part I and II of the Northside 48-inch water main from
Heritage Trace Parkway to Alta Vista and Timberland Boulevard.
Fort Worth is designing and constructing the Northside II 48-inch water main, Phase I, Part I and ll,
approximately 11,713 linear feet. The 48-inch water main has a proposed 60 Million Gallon per Day
capacity and estimated construction cost of$15,959,000.00.
Below is the requested capacity from each wholesale water customer and the associated construction
cost participation.
Logname: 60AMEND WHOLESALE CONTRACTS NSI1481N MAIN Page 1 of 3
F
timated
pacity Cost
Wholesale Requested Capacity Participation
Customer Capacity Cost for the NSII
Cities (MGD) 'Participation 48-inch Water
(Percent) Main
Construction
lCost
Southlake 13 21.7 percent $3,463,103.00
Keller 3.5 5.8 percent $925,622.00 I
Trophy
Club MUD 2.4 4.0 percent $638,360.00
No.1
Westlake 8.5 14.2 percent 1$2,266,178.00
Under the terms of the existing Agreements, the entities will pay toward the engineering, easement and
construction cost of the proposed Northside II 48-inch water main.
The figures above are only the construction cost estimate. The final cost participation amount from each
wholesale water customer will be based on the final engineering, easement and construction cost. Each
wholesale water customer will reimburse the cost participation to the City of Fort Worth at the completion
of Part II of Phase I of the project. Staff has reviewed the requested capacity and has no objection to
approval of these requests.
In addition to the cost participation, Trophy Club MUD No. 1 has requested to amend its service area map,
which is attached. Staff has reviewed the request and verified with adjacent cities, and has no objection to
including this request in its amendment.
The project is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that the Water Department is responsible for the
collection and deposit of funds due to the City.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office bT. Fernando Costa (6122)
Originating Department Head: Andy Cronberg (5020)
Additional Information Contact: Wendy Chi-Babulal (8242)
ATTACHMENTS
Logname: 60AMEND WHOLESALE CONTRACTS NSII 481N MAIN Page 2 of 3
1. MUD1-PID mappdf (Public)
2. NS II 48-Inch Water Main PART 1 ALIGNMENT.pdf (Public)
3. NS II 48-Inch Water Main PART 2 ALIGNMENT.pdf (Public)
Logname: 60AMEND WHOLESALE CONTRACTS NSII 48IN MAIN Page 3 of 3