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HomeMy WebLinkAboutContract 41112-A1 CITY SECRETARV CONTRACT NO. I ' 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 TOWN OF WESTLAKE 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 Town of Westlake, acting herein by and through its Town Manager, Thomas Brymer, 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. 41112 ("CONTRACT"); and WHEREAS, the parties recognize that there is a need for additional water capacity in the northeast sector of Fort Worth and in Westlake; 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 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. OFFICIAL RECORD R E C E I V F.P E 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 8.5 MGD, increasing its existing capacity of 7.5 MGD to a total of 16 MGD at the meter located at Highway 377 shown on Exhibit A to the CONTRACT. The additional 8.5 MGD equals to 14.2 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 14.2 percent that equals to $2,260,000 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, Trophy Club Municipal Utility District No.I 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. 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 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 (I-1/2%) per month until paid. AmendmentT.2 Northside 11 48-inch Water main EXHBIT "F2a" - 48-inch water main from Heritage Trace Parkway to Alta Vista and Timberland boulevard Amendment:F.2 Northside 11 48-inch Water main MAYOR AND COUNCIL COMMUNICATION MAP 60NS1148WP1A2-B&G O KELLER HICKS RD " F.I. Rid a +r` pa rt 2Pa Ap � —� OLDEN TRIANGLE � BLVD LDEN HEIGHTS RD F-. Fund Tunnel on � ' RD the Median o 1 . a a A C3 eri Cut section x Z � x FORTWORTH WATER EXHBIT "M" - Water main from Caylor Tank to the Westlake water meter along Highway 377 Amendment:F.2 Northside 1148-inch Water main FORT WORTH COPYRIGHT 2011 CITY OF FORT WORTH //� UNAUTHORIZED REPRODUCTION IS A VIOLATION OF APPLICABLE LP THIREPRESENTATIN ON EXHIBIT F.L b THE ADCCURACYATA ISOIS NOT TO BE TA EN/USEDBE USED FA GRLAS DATA PRODUCED F WAZ� ENGINEERING PURPOSES OR BY REGISTERED PROFESSIONAL LAt" tfiiJ� SURVEYOR THE CITY OF FORT WORTH ASSUMES NO RESPONSIBILIT FOR THE ACCURACY OF SAID DATA ryg�, vivid P tl a fl. A p Westlake Wholesale Meter tia o`Oestlak d Milli i -t-� � � M 8� 10 tt. 1 ax ., � v ) o L .4 Q d WES� TP4RT . . s c 0 v c° d � Q rn � O O c a M 3 M t , i F I- 3. u v a 88 _ C uv KFUER A � Keller L ' 0 ° o0 LL A � Ik s C U E Y' o � U `o o M - o� t Caylor Tank d-- �a NAD 1983 StatePlane Texas North Central FIPS 4202 Feet 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 16 MGD projected demand. This AMENDMENT shall become effective upon full and complete execution of each party below: EXECUTED t ' _day CITY OF FORT WORTH TOWN OF WESTLAKE ����� �✓c/.ss�d -,--FERNANDO COSTA THOMAS B 'V ASSISTANT CITY MANAGER TOWN MANAGER DATE: v Zv / DATE: APPROVED AS TO FORM AND APPROV AS T ORM AND LEGALITY o LEG hw-u' � I� %ra4V �l CHRIS-FA LOPEZ- YNO DS L. S O OWRY SR. ASSISTANT CITY ATTORNEY TOWN ATTORNEY ATTEST ATTEST fV1 11/ — A 0r? Y �. ��® LL EDW S CITY SE TARY 87a WN SECRrTARY o� OF WEST 000 t —DI 10 ) Contract Authorization - 17 �(AcJ Date OFFICIAL RECORD CICRETARY AmendmentF.2 Northside 11 48-inch Water main �� WORTH, TX M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoIr— 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 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 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 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 11 $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 11 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 mappdf NS II 48-Inch Water Main PART 1 ALIGNMENT.pdf NS 11 48-Inch Water Main PART 2 ALIGNMENT.pdf