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HomeMy WebLinkAboutContract 41111-A1 CITY SECRETAW 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 TROPHY CLUB MUNICIPAL DISTRICT NO. I FOR THE CONSTRUCTION OF A NORTHSIDE II 48-INCH WATER MAIN AND ALLOCATED CAPACITY This Amendment is made and entered into by and between Trophy Club Municipal District No. 1, acting herein by and through its General Manager, Jennifer McKnight, 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. 41111 ("CONTRACT"); and WHEREAS, the parties recognize that there is a need for additional water capacity in the northeast sector of Fort Worth and in Trophy Club Municipal Utility District 1; 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 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, Town of Westlake and the City of Keller have also requested capacity in the proposed Northside II 48-inch water main; 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. RECEIVED MAR 112015 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX 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 2.4 MGD, increasing its existing capacity of 7.9 MGD to a total of 10.3 MGD at the meter location shown on Exhibit A to the CONTRACT. The additional 2.4 MGD equals to 4 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 four percent (4%)that equals to $638,360 as its proportionate share of the cost. 3.) The cost of easements, appraisal fees, and right-of-way acquisitions is not included in the estimate above and shall be shared by FORT WORTH, CUSTOMER, Southlake, Keller and Westlake proportionately. 4.) 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. 5.) CUSTOMER also agrees to pay its proportionate cost, to be shared with Trophy Club Municipal Utility District No.1, to upsize the water main from Caylor Tank to the Westlake water meter along Highway 377 as shown on EXHIBIT F.2b. This water main alignment is only for planning purpose and depends on future alignment study that determines the water main's final route. CUSTOMER further agrees that it shall bear the full cost of upsizing the water main from the Westlake meter located at Highway 377 to Trophy Club's meter. 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. Amendmentf.2 Northside II 48-inch Water main 7.) All payments are due and payable within 30 days from the date the Northside II 48-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. 8.) If the CUSTOMER exceeds the requested capacity, then the CUSTOMER will be required to provide additional cost participation toward the proposed 48-inch water main. The additional cost participation will be required at the time when the CUSTOMER's wholesale meter's reading exceed the 10.3 MGD projected demand. 9.) CUSTOMER has requested FORT WORTH to amend the CUSTOMER's service area map as shown on EXHIBIT A of the CONTRACT to the revised EXHIBIT A in this amendment. This AMENDMENT shall become effective upon full and complete execution of each party below: AMENDED AND EXECUTED this the 4"'day of December, 2014. CITY OF FORT WORTH TROPHY CLUB MUNICIPAL DISTRICT NO. 1 FERNANDO COSTA JE I R MC IGHT ASSISTANT CITY MANAGER G NE L MANAGER DATE: e 12,,o 1!5'- DATE: i ;Z—4 4 APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGALITY LEGALITY �W% V`- IA14 e_l��"O'7.1 CHRISTA LOPEZ-RE OLD PA LA ON SR. ASSISTANT CITY ATTORNEY DIST EGAL COUNSEL ATTEST AT EST FO 000 ARV RIE SLAGHT CITY SE ARY 12 'Ads �g�� RICT SECRETARY °°°° [OFFICIAL RECORD Amendment:F.2 Northside II 48-inch Water~ � SECRETARY � FT.WORTH,TX EXHBIT "F.2a" - 48-inch water main from Heritage Trace Parkway to Alta Vista and Timberland Boulevard Amendment:F.2 Northside 11 48-inch Water main 11 i I �■�■■ , � , 1 OD -00 !I■� ��� � � ail■�� ' - l"°_=x■ / �iiiiiiiirrvivvv��i , ' tl�,J--x_wl-� / .mitt rvviv\!► ,III r• r- ♦ i �t�++�p �i +/i, Oi 1�1:-- i �,.111• ♦ ♦ r../ /o O YIIIttI11111l11\� �!I���II �I1 ALJ r ♦flil /I�O� tie//./i//i/.��/j•. /j//i /�. /♦ � It� �\,.q ij psi/:`e�ti�`/f/°/s ee k�►Pp`♦dIS i� ��` !ir� a0�O�`4�� tib=tee+♦.�/i�/i wee eeee�e eee0e o'f/i p•`� ti. �' i ����--�i�flll—o"►`♦��,/\Oe`Oe`�,,/ee\�j141�,lig ♦tl��I� /ittttitulf�iuuunlnulitutt�% ► •\• �ev.eeep��®vvr������ta�i it ■� — �r`i.�;o.`e,,�p/.;�.>,.,.fir,:/�` o 1- r ticI1i�ieeil���- _=iYttQiiie w -° � ilill�■ r� SII 11����IIIIYIIIIISII-_� �L,_ `E.EIIIiiG[Ellilt,�� LItY61N{�+ 1111lIIkl11 ��_� ■ 'IEYYAY�EEII-�I�Ekrx__- �_'� ar[AR[[itr/��_"�tIt1�1—NS1�� I_all lrrcntlrt— �-�� trrrrnem�__.._QI� I r qui-GS.,n.riGvi -ui �+�1�' ■ f r '. ii Irltt��r IF6r�jl,��i - �ilaaiicaaa.�%'�� A�• =lila xilei[7�HEI- - , -F��'�i ,� 'I� l til@III IIFi I�rlEtlilili��� (\��j�Yt►��% � �_"seiiHrjanmumsl ���NlNwlr���untinal�nefsieer�i - r r +IIIIIIIIIIIIYiI-`E11111i1, tlllliillill --�C ■ 'x�S `■IINIIIIIIIIIIII��I1i17/ I�:tLi1111t11E1�=' ME ®C Y � I���'t11111lNIIt1i1HI1Pf'°-- 161i1E61tirlxx ge�ilrME ���I® ►�11:x=II111111116tlEIIIINIii��IJl�llti111I/r�� v.C'.artil-- S x---` IINEIIt111tlN!,rr=�II IIID ®/'+ �i110,illl,El„!'d 1\��-- r � \\`�t1ilE�_�IlYilr - `Illi%Pj v`i1A11111EA1111NN1t► \ �I EYltlt0111 _ IIIIIriill IN�l61 rl_IIIIIIIIIEIIIIIII i �Jf1iD��4rJ/�I``�� p�11111L11E r11111r�l[ -I— _ r er ,ftt I, SIL �, �jLIEHlliftl6ll�`, 11 ► NIIIIiII 1111111111►�=__' -I . - �-� pi,1111II1111111111r11►\ri %`�/`_=_"'�lu ��C■ ,I1n11n1twlll1l1l1l1l1ltl►lp�♦� � �\ 11t11Y1111fYEU1111 r tPLillll-+i� Iwin p• 'i M,:\_ ® x!I�Clna��.� IIEE1161����I�i�.t��.'►�%vr0 aO��1��%���'°i�I�Pt1111EINEEEiIt:���� ���'� �I�fi�ilfflAYii i "l 1 ® �► ���''�� �� . ;� _�; X11 _ �� 1 PEP In �ti►Liii"S �N�� s+ r •t r M' rr r u.a. ,,i�?�ii l s it cifilAll�ILI =Ifiuilif Ifitllfi121 u`�y��jj��' �� i � �t�Al " IHit�kiiHttAl�llflti► i) � _ ������r� 0 tlAtitt�" � s�lni \ II � EXHBIT "F.2b" — water main from Caylor Tank to the Westlake water meter along Highway 377 Amendment:F.2'Northside 11 48-inch Water main RT DTH COPYRIGHT 2011 CIN OF FORT WORTH J� UNAUTHORIZED REPRODUCTION ISA VIOLATION OF APPLICABLE LA EXHIBIT F.2b THEACCURACYO S NOT TO EBE USEDRTAEN PSE AS DATA PRODUCCEDF ,•y� ENGINEERING PURPOSES OR BY A REGISTERED PROFESSIONAL LA D �R SURVEYOR THE C N OF FORT WORTH ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF SAID DATA S v M - J m J m J JS3 Q m 0 o I m ` i o J A Westlake Wholesale Meter s <.- m 170 � o Z aWES TP m . r m T S IN Q a 3 3 � a is o 4 a � ._ 6 _ L f �E 'a¢ Caylor Tank � 4 NAD 1983 StatePlane Texas North Comma FIPS 4202 Fee EXHBIT "A" - Corrected Service Area Map Amendmentf.2 Northside 11 48-inch Water main �I s. v- a v \ _ t r It o m oc i ,Mme. y Z a M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FQ-RT WORTH 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: NOW PUBLIC CONSENT HEARING: NO 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 11 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 11 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 II, 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 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. 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 II 48-Inch Water Main PART 2 ALIGNMENT.pdf , , i - --