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HomeMy WebLinkAboutContract 41110-A1 CITY SECRETARY CONTRACT NO. THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT AMENDMENT TO CITY SECRETARY CONTRACT NO. 41110 FOR WATER SERVICE BETWEEN THE CITY OF FORT WORTH AND THE CITY OF SOUTHLAKE FOR THE CONSTRUCTION OF A NORTHSIDE II 48-INCH WATER MAIN AND ALLOCATED CAPACITY This First Amendment to City Secretary Contract No. 41110 ("AMENDMENT") is made and entered into by and between the City of Southlake, acting herein by and through its Mayor, John Terrell, 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"). WHEREAS, FORT WORTH and CUSTOMER have entered in an Agreement for Water Service known as Fort Worth City Secretary Contract No. 41110 ("CONTRACT"); and WHEREAS, the PARTIES recognize that there is a need for additional water capacity in the northeast sector of Fort Worth and in Southlake; and WHEREAS, to address this need FORT WORTH is constructing a 48-inch water main from Heritage Trace Parkway to Alta Vista and Timberland Boulevard, approximately 11,713 linear feet as shown in EXHIBIT F.2a; 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 CUSTOMER shall pay for each new or enlarged or additional connection to the FORT WORTH system, including the cost of the wholesale meter and CUSTOMER's proportionate share of the improvements required for that service; and WHEREAS, CUSTOMER recognizes that the City of Keller, 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; and WHEREAS, the PARTIES agree that 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 amended to include the following as EXHIBIT F.2: OFFICIAL RECORD CITY SECRETARY RECEIVED MAR 11 Yp1c FT. WORTH,TX 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 F.2a. 2.) CUSTOMER shall be entitled to an additional 13 MGD capacity in the Northside II 48-inch water main, increasing its existing capacity of 20 MGD to a total of 33 MGD at the Caylor Tank meter location shown on Exhibit A to the CONTRACT. The additional 13 MGD equals 21.7 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 $15,959,000. Customer agrees to pay FORT WORTH 21.7 percent that equals $3,457,783 as its proportionate share of the cost. 3.) Because the completion of the Northside II 48-inch water main is not expected before the peak summer demand period of 2015, FORT WORTH shall remove the existing orifice plate (which restricts the flow to less than 20 MGD) prior to May 1, 2015. CUSTOMER agrees to continue to limit the flow rate at the Caylor Tank meter to 20 MGD or less until the proposed Northside II 48-inch water main is placed in service. Once the Northside II main is placed in service, CUSTOMER will be allowed to utilize a total of 33 MGD through the Caylor Tank meter. 4.) The cost of easements, appraisal fees, and right-of-way acquisitions shall be shared by FORT WORTH, CUSTOMER, Keller, Trophy Club Municipal Utility District No.I and Westlake proportionately. 5.) The estimated engineering and construction costs stated herein are for planning purposes. Actual Project cost may differ and shall be adjusted to reflect the final cost of engineering, construction, easements, appraisals, and right-of-way acquisition and financing. CUSTOMER will be responsible for 21.7 percent of the Actual Project cost. 6.) Nothing contained herein shall be construed to prevent FORT WORTH from including the costs it incurs hereunder as system costs as that term is defined in the CONTRACT. 7.) Upon completion of the Northside II 48-inch water main, FORT WORTH will submit an invoice to CUSTOMER detailing CUSTOMER's percentage of the costs. CUSTOMER shall pay FORT WORTH such costs within 30 days from the date the invoice is received. A payment is late if not paid within 10 days from the Amendment:F.2 Northside II 48-inch Water main OFMIAL RECORD (01/05'15) CITY SECRETARY FT.WORTH,TX due date. Late payments shall accrue interest at the rate of one and one-half percent (1-1/2%)per month until paid. 8.) If CUSTOMER exceeds the 33 MGD capacity at the Caylor Tank wholesale meter, then the CUSTOMER will be required to provide additional cost participation toward the Northside 11 48-inch water main. The additional cost participation will be required prior to CUSTOMER increasing the rate of flow at the Caylor Tank meter. This AMENDMENT shall become effective upon full and complete execution of each party below: II )A1EXECUTED this) day of J-1, , 2015. CITY OF FORT WORTH CITY OF SOUTHLAKE '�J _ .,�' - as (� 9 - FERNANDO COSTA JOHN TERRELL ASSISTANT CITY MANAGER MAYOR DATE: 345120/6- DATE: Oat -O�3'O�OIs APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGALITY LEGALITY 7 CHRIS LOPEZ- OL S BY: IM or SR. ASSISTANT CITY ATTORNEY ATTORNEY ATTEST ATTEST %%,%"0uTHL1' .� Fo _ �• •cg's Q v: ;u'= MARY KA g ayne CITY SEC ARY a�$ SECRETAR0000* �,-`�-110� �'��1�0► AFxAs Amendment:F.2 Northside II 48-inch Water main Page 3 (01105115) OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX EXHBIT "F.2a" 48-inch water main from Heritage Trace Parkway to Alta Vista and Timberland Boulevard 1� i d rt 2 - 4 f r _ R rd 81KIC i OIL - f t HaM Tonr+c!on t 1(N11 ;til !� INl�diSn - r � t FORTWORTH ` WAM Amendment:F.2 Northside 1148-inch Water main Page 4 (01105115) M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA RT Wo H COUNCIL ACTION: Approved on 12/2/2014 REFERENCE 60AMEND WHOLESALE DATE: 12/2/2014 NO.: C-27101 LOG NAME: CONTRACTS NSII 481N MAIN CODE: C TYPE: NON- PUBLIC NO CONSENT HEARING: 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 11, 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. M&C Review Page 2 of 2 Estimated Capacity Cost Wholesale Requested Capacity Participation Customer Capacity Cost for the NSII Cities (MGD) Participation 48-inch Water (Percent) Main Construction Cost Southlake 13 21.7 percent $3,463,103.00 Keller 3.5 5.8 percent $925,622.00 Trophy Club MUD 2.4 4.0 percent $638,360.00 No.1 Westlake 8.5 14.2 percent $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 11 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. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Andy Cronberg (5020) Additional Information Contact: Wendy Chi-Babulal (8242) ATTACHMENTS MUD1-PID map.pdf NS II 48-Inch Water Main PART 1 ALIGNMENT.pdf NS 11 48-Inch Water Main PART 2 ALIGNMENT.pd