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Home My WebLink AboutContract 28528CITY SECRETARY SECOND AMENDMENT TO CONTRACT No.e��(W e CITY SECRETARY CONTRACT NO. 17201 CITY OF BURLESON WHOLESALE WATER CONTRACT WHEREAS, on the 27th day of June, 1989, the City of Fort Worth and the City of Burleson entered into City of Fort Worth City Secretary Contract No. 17201, providing for the sale of treated water by the City of Fort Worth to the City of Burleson; and WHEREAS, on the 2" a day of July, 1991, the City of Fort Worth and the City of Burleson entered into City of Fort Worth City Secretary Contract No. 18584, amending City of Fort Worth City Secretary Contract No. 17201; and WHEREAS, the City of Burleson desires to obtain an additional point of connection to the Fort Worth System, as well as contribute to the cost of a water main that Fort Worth is constructing that will enable the City of Burleson to obtain additional water from the Fort Worth System, such main being known as the 36" Southside III Water Main; and WHEREAS, City of Fort Worth City Secretary Contract No. 17201 provides that for the -cost of each additional connection to the Fort Worth System, the City of Burleson will pay an amount not less than that which would be paid by a developer to Fort Worth under Fort Worth's then existing connection and line extension policy, or an amount agreed upon mutually by Fort Worth, Burleson, and the Water System Advisory Committee; and NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: 1. City of Fort Worth City Secretary Contract No. 17201 is amended by adding a new paragraph 24, which shall be and read as follows: 24. Additional Point of Connection 24.1 In consideration of Customer's agreement to make the payments described in paragraph 24.4 below, Customer is granted a third point of connection to the Fort Worth System at the approximate location as shown on Exhibit "A" attached hereto and made a part hereof for all purposes. The meter to be installed at such connection shall be a sixteen - inch (16") meter. Customer's failure to make the payments described in paragraph 24.4 below shall entitle Fort Worth to suspend water service through this third point of connection until payments are brought current. NFu4 ��G?D 24.2 Customer, at its sole cost and expense, shall be responsible for the design and construction of the meter vault and the installation of all metering equipment, which shall be subject to the review and approval of Fort Worth. The metering equipment shall be in compliance with paragraph 3.1 of City of Fort Worth City Secretary Contract No. 17201. All construction shall be inspected by and acceptable to Fort Worth. Upon completion and acceptance of the meter vault and metering equipment, the operation and maintenance of same shall be the responsibility of Fort Worth, the cost thereof being a System Cost. 24.3 Customer, at its sole cost and expense, shall design, construct and install a backflow prevention device, together with any necessary housing therefore, which shall be subject to the review and approval of Fort Worth. Customer, at its sole cost and expense, shall be responsible for the operation and maintenance of such backflow prevention device and housing. In lieu of the installation of a backflow prevention device, Customer may install an air gap, such air gap to be approved in writing by Fort Worth prior to installation, on Customer's ground storage tank immediately after the meter; provided, however, that no service line or main line connections will be installed between the meter and the ground storage tank. 24.4 Fort Worth and Customer further agree that Customer's cost associated with the construction of the 36" Southside III Water Main is $2,482,940, such cost being based upon Customer's estimated capacity/demand in 2020, and estimated cost for the construction, engineering and acquisition of rights -of -way. Upon completion of construction, Customer's costs shall be recalculated using the actual costs incurred for engineering, construction, and acquisition of rights -of -way. Such recalculated amount shall be payable over a period of sixty (60) months and shall accrue interest at the rate of six percent (6%) per annum from the date of completion and final acceptance by the City. The Customer shall be notified in writing of the date of final acceptance. Notwithstanding, Customer may make additional and/or early payments without penalty of any type. The monthly payment shall be billed by Fort Worth with the monthly bill issued for wholesale water service. Late payments shall accrue interest at the rate of 1 % per month or at the highest rate permitted by law. 24.5 In the event Customer desires to have a larger meter installed at a time when the sixteen -inch (16") meter is not otherwise in need of replacement, Customer shall make written request to Fort Worth for its consideration. If Fort Worth, in its sole discretion, approves the installation of the larger meter, Customer, at its sole cost and expense, will be responsible for the design of the improvements, such design being subject to Fort Worth's written approval. The installation of the larger meter will be at Customer's sole cost and expense. In addition, the Customer's cost as stated in paragraph 24.4 above will be recalculated to include the additional capacity/demand allowed by the meter. 24.6 Fort Worth agrees to charge any wholesale customer who in the future connects directly to the 36" Southside III Water Main based upon the methodology contained in paragraph 24.4. 2. All other terms, conditions, and covenants contained in City of Fort Worth City Secretary Contract 17201 not amended herein continue in full force and effect. A ST: CITY F T WOR By: Gloria Pears6n, City Secretary Marc Ott y , OXN-ssistant ity Manager C- 1c�`-li Approved as to Form and contract Authorization Legality: Date assistant City Attorney ATTEST: CITY OF BURLESON 6 By: City Secret 4yrmlack Mayor Approved as to Form and Le alit y: V"t'e�� City Attorney �� cmcoo � d D pD City of Fort Worth, Texas "6160ir AndcoulvelelCommunication DATE REFERENCE NUMBER LOG NAME PAGE 1/14/03 **C-19417 I 30LOUIS I 1 of 3 SUBJECT AMENDMENT OF WHOLESALE WATER CONTRACTS AND AWARD OF CONTRACT TO S.J. LOUIS CONSTRUCTION OF TEXAS, LTD., LLP FOR SOUTHSIDE III, 36-INCH WATER TRANSMISSION MAIN EXTENSION FROM CLEBURNE CROWLEY ROAD TO THE CITY OF BURLESON AT SHANNON CREEK RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute amendments to wholesale water contracts with the City of Burleson, City of Crowley, and Bethesda Water Supply Corporation providing for cost participation by these entities in the proposed water transmission main extension to meet each customer's estimated capacity/demand in 2020; and 2. Authorize the City Manager to execute a contract with S.J. Louis Construction of Texas, Ltd., LLP, in the amount of $2,781,800 for the Southside III, 36-Inch Water Transmission Main Extension from Cleburne Crowley Road to the City of Burleson at Shannon Creek. DISCUSSION: On August 8, 2001 (M&C C-18713), the City Council authorized the City Manager to execute an engineering contract with Freese & Nichols, Inc. to prepare plans and specifications for the Southside III water transmission main from Cleburne Crowley Road to the City of Burleson at Shannon Creek. This project will accommodate new growth in the Fort Worth extraterritorial jurisdiction, as well as areas currently served by wholesale water customers (Bethesda Water Supply Corporation and the Cities of Burleson and Crowley). In order to share in the costs of the overall project, wholesale water contracts must be amended. The wholesale customers agree to participate in the engineering and construction based on capacity of each customer's need as stated in the contract amendments. Under the terms of the contract amendment, the following cost participation estimates will apply to this final phase of the project: City of Burleson City of Crowley Bethesda Water Supply Corporation City of Fort Worth $1,099,084 $ 31,817 $1,099,084 $- 551,815 Total $2,781,800 City of Fort Worth, Texas 4velvar And Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 1/14/03 **C-19417 I 30LOUIS I 2 of 3 SUBJECT AMENDMENT OF WHOLESALE WATER CONTRACTS AND AWARD OF CONTRACT TO S.J. LOUIS CONSTRUCTION OF TEXAS, LTD., LLP FOR SOUTHSIDE III, 36-INCH WATER TRANSMISSION MAIN EXTENSION FROM CLEBURNE CROWLEY ROAD TO THE CITY OF BURLESON AT SHANNON CREEK The wholesale customers agree to repay Fort Worth, over a period of sixty (60) months, interest at a rate of six percent (6%) per annum from the date of completion and acceptance of the construction by the Water Department. The project consists of the installation of approximately 24,270 linear feet of 36-inch water line. BID ADVERTISEMENT - This project was advertised for bid on September 26 and October 3, 2002. On October 31, 2002, the following bids were received: BIDDER AMOUNT S.J. Louis Construction of Texas, Ltd.. LLP $2,781,800.00 Oscar Renda Contracting, Inc. $3,158,344.00 BRB Contractor's, Inc. $3,173,366.00 Jackson Construction, Ltd. $3,281,700.50 Texas Electric Utility $3,521,310.64 William J. Schultz, Inc. d/b/a Circle "C" $3,990,830.00 Construction Company TIME OF COMPLETION 175 Calendar Days In addition to the contract cost, $194,726.00 is required for inspection and survey, and $83,454.00 is required for project contingency to cover change orders. M/WBE - S. J. Louis Construction of Texas, Ltd., LLP is in compliance with the City's M/WBE Ordinance by committing to 22% M/WBE participation. The City's goal on this project is 21 %. This project is located in COUNCIL DISTRICT 6, Mapsco 117 and 118. City of Fort Worth, Texas 4vagor And Council conswunication DATE REFERENCE NUMBER LOG NAME PAGE 1/14/03 **C-19417 I 30LOUIS I 3 of 3 SUBJECT AMENDMENT OF WHOLESALE WATER CONTRACTS AND AWARD OF CONTRACT TO S.J. LOUIS CONSTRUCTION OF TEXAS, LTD., LLP FOR SOUTHSIDE III, 36-INCH WATER TRANSMISSION MAIN EXTENSION FROM CLEBURNE CROWLEY ROAD TO THE CITY OF BURLESON AT SHANNON CREEK FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Water Capital Projects Fund. OW Submitted for City Manager's I FUND I ACCOUNT I CENTER AMOUNT Office by: (to) Marc Ott 8476 Originating Department Head: li Douglas Rademaker 6157 I (from) P162 541200 060162141140 $2,781,800.00 Additional Information Contact: I Douglas Rademaker 6157 CITY SECRETARY