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HomeMy WebLinkAboutContract 28529CITY SECRETARY C, CONTRACT No. l SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO. 17200 CITY OF CROWLEY WHOLESALE WATER CONTRACT WHEREAS, on the 27th day of June, 1989, the City of Fort Worth and the City of Crowley entered into City of Fort Worth City Secretary Contract No. 17200, providing for the sale of treated water by the City of Fort Worth to the City of Crowley; and WHEREAS, on the 2na day of July, 1991, the City of Fort Worth and the City of Crowley entered into City of Fort Worth City Secretary Contract No. 18582, amending City of Fort Worth City Secretary Contract No. 17200; and WHEREAS, the City of Crowley 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 Crowley to obtain additional water from the Fort Worth System, such main being known as the 36" Southside Water Main; and WHEREAS, City of Fort Worth City Secretary Contract No. 17200 provides that for the cost of each additional connection to the Fort Worth System, the City of Crowley 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, Crowley, and the Water System Advisory Committee; and NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: 1. City of Fort Worth City Secretary Contract No. 17200 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 six-inch (6") 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. GO�� EVARY �9V.7,�.a 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. 17200. 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 and construct 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 Ell Water Main is $133,140, 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. 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 six- inch (6") 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,17200 not amended herein continue in full force and effect. A TT.VS T: CITY F T WOR By: t b-lona P son, City Secretary Marc O Approved as to Form and Legality: Assistant ity Attorney ATTEST: City Secretary Approved as to Form and Lega 'ty: City Attorney (� `q c0 7 Assistant City Manager Contract AUrbor.izatirar, Date CITY OF CROWLEY By: tr Name: 9 ► L�,j Q. I)AV II Title: l"n�0 rA— offidIbd PIECED W WINARY