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
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ARV RIE SLAGHT
CITY SE ARY 12 'Ads �g�� RICT SECRETARY
°°°° [OFFICIAL RECORD
Amendment:F.2 Northside II 48-inch Water~ � SECRETARY
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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
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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
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EXHBIT "A" - Corrected Service Area Map
Amendmentf.2 Northside 11 48-inch Water main
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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
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