HomeMy WebLinkAboutRes 14-42 Authorizing an Agreement with Trophy Club MUD for a Water Supply StudyTOWN OF WESTLAKE
RESOLUTION NO. 14-42
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, AUTHORIZING THE TOWN MANAGER TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE TOWN OF WESTLAKE AND TROPHY CLUB
MUNICIPAL UTILITY DISTRICT PROVIDING FOR PARTICIPATION IN A WATER
SUPPLY FEASIBILITY AND ROUTE STUDY.
WHEREAS, the Town of Westlake desires to foster and promote region cooperative
efforts; and
WHEREAS, the Town of Westlake and Trophy Club Municipal Utility District are both
wholesale water customers of the City of Fort Worth; and
WHEREAS, the Town of Westlake and Trophy Club Municipal Utility District
recognize that there is a need for additional water capacity in the northeast sector of the Fort
Worth wholesale area including Westlake and Trophy Club Municipal Utility District; and
WHEREAS, the Town of Westlake desires to partner with Trophy Club Municipal
Utility District for the water supply feasibility and route study; and
WHEREAS, the Town Council finds that the funding for the water supply feasibility and
route study is necessary and provides sound infrastructure planning consistent with goals and
objectives within the adopted strategic plan; and
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the public.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1. All matters stated in the Recitals above are found to be true and correct
and are incorporated herein by reference as if copied in their entirety.
SECTION 2. The Town Council of the Town of Westlake hereby approves the ILA
between the Town of Westlake and Trophy Club Municipal Utility District providing for
participation in a water supply feasibility and route study, attached as Exhibit "A", and further
authorizes the Town Manager to execute the agreement on behalf of the Town of Westlake,
Texas.
Resolution 14-42
Pagel of 2
SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 15th DAY OF DECEMBER, 2014.
ATTEST:
Kelly Odwardscown Secretary
Laura eat, Mayor
Thomas E. Bry , T wn Aanager
Resolution 14-42
Page 2 of 2
INTERLOCAL AGREEMENT PROVIDING FOR PARTICIPATION
IN THE WATER SUPPLY FEASIBILITY AND ROUTE STUDY
THE STATE OF TEXAS
COUNTIES OF DENTON AND TARRANT
THIS INTERLOCAL AGREEMENT REGARDING PARTICIPATION IN
THE WATER SUPPLY FEASIBILITY AND ROUTE STUDY ("Agreement") is
entered into between Trophy Club Municipal Utility District No. 1, a conservation and
reclamation district of the State of Texas (the "District") and the Town of Westlake, a
political subdivision of the State of Texas (the "Town"). In this Agreement, the District
and the Town are sometimes individually referred to as a "Party" and collectively
referred to as the "Parties."
RECITALS
WHEREAS, the City of Fort Worth (the "City") is the wholesale water supplier
for both the District and the Town and has agreed to engage engineering services on
behalf of the Parties to perform a study related to waterline routing; and
WHEREAS, the District, is a legal entity that is physically located in the area to
be served from the waterline included in the study and which would benefit from the
study to determine the most economically feasible route for a waterline to distribute
water to the District from the City of Fort Worth's regional waterline; and
WHEREAS, the Town, is a legal entity that is physically located in the area to be
served from the waterline included in the study and which would benefit from the study
to determine the most economically feasible route for a waterline to distribute water to
the Town from the City of Fort Worth's regional waterline; and
WHEREAS, the Parties desire to use this study to best provide water system
redundancy and reliability as well as the efficient sharing of resources, and
WHEREAS, the Parties desire to pay their pro -rata share of the study.
The parties to this Agreement hereby agree as follows:
I. STATEMENT OF SERVICES TO BE PERFORMED BY THE CITY OF
FORT WORTH
1) The study shall develop Options of Probable Construction Costs for up to
three possible routes utilizing up to three alternate diameter pipes in the
geographical area located as designated in EXHIBIT A.
2) The study shall produce maps for each potential route.
3) The City will obtain the services of a professional engineering consultant
("Engineer") to perform the planning study which will include the preparation
of presentation materials, draft of the report, and the preparation and
presentation of final reports.
4) The study will be performed by the City of Fort Worth in accordance with the
City's Task order which is hereto attached as EXHIBIT B.
5) The study will begin upon the engineer's receipt of a Notice to Proceed from
the City and will be performed as shown in the project schedule attached
hereto as EXHIBIT C.
H. RESPONSIBILITIES OF THE PARTIES
1) The parties agree to fund the study budgeted in equal pro rata shares.
2) The parties agree that if additional participants desire to participate in the
study, they shall be responsible for their pro -rata share and will be required to
enter into this agreement with the parties. Each additional participant shall be
required to pay half of their pro -rata share to each of the parties hereto.
3) The parties agree to cooperate in good faith with the City and with each other
in the preparation of the study. The City shall provide copies of the final
report on the study to each Party upon completion of the study.
3) The parties agree that the parameters of this study shall follow the Task Order
provided by the City, attached as EXHIBIT B.
4) The parties agree that any amendment to the Task Order and/or this
Agreement must be in writing and signed by the authorized representative for
each party to this Agreement.
5) No parry to this Agreement may assign its rights and obligations under this
Contract except by written amendment signed by the authorized representative
for each party to this Agreement.
6) This Agreement shall be construed under and in accordance with the laws of
the State of Texas.
7) The parties shall each provide a formal, direct, and continuous liaison for this
study to assist the City in coordinating the scope of work and in obtaining
available data for the development of the study.
III. CONTRACT AMOUNT AND PAYMENT OF SERVICES
1) The parties agree to fund the study budgeted at $65,186 as follows:
Entity Percent Share Amount
Trophy Club M.U.D. No. 1 50% $32,593
Town of Westlake 50% $32,593
2) At the date of execution of this Agreement, the contracting parties shall
provide their respective cash contributions to the City. The failure of either
party to fund their obligations under this Agreement by December 31, 2014,
shall be a default.
3) The City shall be permitted to use contributed funds for work performed by it
or its contractors as each payment becomes due.
IV. TERM OF AGREEMENT
The term of this agreement is to begin when fully executed, and shall terminate on
completion of the study.
IN WITNESS WHEREOF, the governing bodies of both the District and the
Town have approved and adopted this Agreement and have caused this
Agreement to be executed. It shall become effective upon the date that both
parties have signed this Agreement.
AGREND to and ADOPTED by Trophy Club Municipal Utility District No. 1 on
this Islay of rn 2014.
Jim
Board of Directors
*Larie Slaght
District Secretary
ATTEST
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a
Kevin Carr
Secretary, Board of Directors
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AGREED to and ADOPTED by the Town of Westlake on this b day of
L)('.0qbpj2, 2014.
&,P. 0,�>Thomas E. B er
Town Manager
�-�Lukvajw�
Kell Edward
Town Secretary
ATTEST
L. % anton Low
To n Attorney
(Seal)
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EXHIBIT A
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EXHIBIT B
City of Fort Worth Task Order
Task Order to an Agreement
by and between the City of Fort Worth, Texas (City)
and Freese and Nichols, Inc. (Consultant)
to perform On -Call Professional Civil Engineering Services
Water and Wastewater Modeling (Project)
TASK ORDER NUMBER 2014-003
Water Supply Feasibility and Route Study for Northeast Wholesale Customers
THIS TASK ORDER is made pursuant to the terms and conditions of the Professional Services
Agreement (the "Agreement"), City Secretary Contract No. 45164, dated September 17, 2013,
entered into by and between the City of Fort Worth, Texas (City) and Freese and Nichols, Inc.
(Consultant).
ARTICLE 1. Consultant will perform the on-call professional civil engineering services in
accordance with the Agreement and the Scope of Services / Compensation Schedule / Budget
Summary attached hereto as Exhibit "A" and incorporated herein by reference for all
purposes.
ARTICLE 2. Compensation for this Task Order shall be on a not to exceed basis, not to exceed
sixty-five thousand one hundred eighty-six and 00/100 Dollars ($65,186.00), and shall be
paid in accordance with Article 3 of the Agreement and the WScope of Services /
Compensation Schedule / Budget Summary as set forth in Exhibit "A" of the Task Order.
Consultant shall not exceed the amount specified in this Task Order without the issuance of
a supplemental Task Order issued by City in writing to Consultant.
III. ARTICLE 3. This Task Order shall become effective on the latest date as reflected by the
signatures below and shall terminate on December 31, 2014 unless extended by a
supplemental Task Order issued by City in writing to Consultant.
IV. ARTICLE 4. The City Project number and the Project Account Code are the
following:
City CIP Number: N/A
City Project Account Code: N/A
V. ARTICLES. Upon execution of this Task Order, the funds available under the
Agreement are revised to the following:
Current Project Budget (As Revised by Approved Task Orders): $ 120,349.00
Approved Work by this Task Order: $ 65,186.00
Revised Project Budget: $ 55,163.00
ARTICLE 6. The following exhibits are attached below and made a part of this
Task Order:
A. Exhibit "A," Scope of Services / Compensation Schedule / Budget Summary.
VI. ARTICLE 7. This Task Order does not waive the parties' responsibilities and obligations
provided under the Agreement.
IN WITNESS WHEREOF, the parties have executed this Task Order and caused this Task
Order to be effective on the latest day as reflected by the signatures below.
CITY
The City of Fort Worth, Texas
CONSULTANT
Freese and Nichols, Inc.
By: By:
Name: Nowzar Dinyarian, P.E Name: Jessica Brown, P.E.
Title: Project Manager Title: Principal
Date: Date:
2
EXHIBIT "A"
SCOPE OF SERVICES / COMPENSATION SCHEDULE
Task Order to an Agreement
by and between the City of Fort Worth, Texas (City)
and Freese and Nichols, Inc. (Consultant)
to perform On -Call Professional Civil Engineering Services
Water and Wastewater Modeling (Project)
I. Scope of Services
Water Supply Feasibility and Route Study for Northeast Wholesale Customers
Task A: Proiect Management and General Services
FNI shall ensure efficient and effective use of Engineer's and City's time and resources.
■ Engineer shall manage change and,
■ communicate effectively,
■ coordinate internally and externally as needed, and
■ proactively address issues with the City's Project Manager and others as necessary
to make progress on the work.
I. Managing the Team
■ Lead, manage and direct route study team activities
■ Ensure quality control is practiced in performance of the work
■ Communicate internally among team members
■ Task and allocate team resources
II. Communications and Reporting
■ Attend a project kickoff/chartering meeting with City's staff to confirm and clarify
scope, understand City's objectives.
■ Prepare invoices and submit monthly in the format acceptable to the City.
■ Prepare and submit monthly progress reports
■ Coordinate with other agencies and entities as necessary for the study of the
proposed infrastructure.
Exhibit A-1
Task B: Route Analysis for Northeast Wholesale Customers
Proiect Kick-off Meeting: Freese and Nichols, Inc. (FNI) will meet with the City to review
scope, project team and schedule of the project. The meeting will also serve as time to
determine criteria for pipeline route selection including:
■ Construction Costs
■ Properties affected
■ Potential conflicts
■ Hydraulics
II. Meeting with Customer Cities: FNI will conduct three (3) meetings with Customer cities to
gather information and discuss preferences.
III. Data Collection: in addition to data obtained from the City, FNI will coordinate with sub
consultant to compile and create maps with pertinent geographical information which may
include :
■ Utilities from GIS
■ Storm drainage facilities
■ USGS digital contour maps
■ Mapping of land owners
■ Utilities observed from field visit
■ Data from other agencies (TxDOT and Railroads)
IV. Review Pipeline Route: After obtaining data and mapping information. FNI will review the
route originally proposed on the Northside Water System Recommended Improvements
figure, as well as review two additional routes. FNI will perform reconnaissance level
viewing of the proposed routes where access permits. FNI will suggest modifications as
needed/necessary and meet with the City of Forth Worth to determine preferred route and
possible modifications. FNI will evaluate the proposed routes by performing the following
tasks:
a. Develop Options of Probable Construction Costs (OPCC's) for each route.
The OPCC's will take into consideration preliminary pipeline diameter
analysis, pipe pressure class, road crossings (if any), creek crossings (if any),
typical appurtenances, and general construction requirements. Atotal of
nine (9) Cost estimates will be developed with three (3) alternate diameters
for each route.
b. FNI will coordinate with sub consultant to produce maps for three routes.
The maps will present data used to evaluate each route.
Exhibit A-2
V. Hydraulic evaluation: FNI will utilize the Northside Water Model to evaluate the effects on
the pressure plane for each of the three propose alignments. FNI will conduct hydraulic
analysis to confirm the sizing of the pipeline, capacity, and pipeline pressure requirements.
VI. Technical Memorandum: FNI will prepare a technical memorandum summarizing the
findings for the route study and recommend a preferred route. The technical memorandum
will include discussion on the following topics:
a. Description of Alternates
b. Maps of pipeline routes
■ 11x17 map book at 1"=100' scale for one route
■ Large map for two routes at large scale
c. Results of Hydraulic Analysis
d. Engineers Opinion of Probable Construction Costs (OPCC's)
e. Recommendation
VII. Assumptions:
a. FNI will attend four (4) meetings: One (1) with the City and three (3) with customer
cities.
b. Eight (8) copies of the memorandum and associated maps will be delivered to the City
Exhibit A-3
II. Compensation Schedule
The City shall pay Consultant an amount not to exceed $65,186 in accordance with the provisions of this
Agreement and the Payment Schedule attached as Exhibit "B," which is incorporated for all purposes
herein. Consultant shall not perform any additional services for the City not specified by this Agreement
unless the City requests and approves in writing the additional costs for such services. The City shall not
be liable for any additional expenses of Consultant not specified by this Agreement unless the City first
approves such expenses in writing.
III. Schedule
Freese and Nichols is authorized to commence work on the Project upon execution of this Agreement and
agrees to complete the services in accordance with the following schedule: Complete evaluation and
technical memorandum three months from Notice to Proceed.
If Freese and Nichols' services are delayed through no fault of Freese and Nichols, Freese and Nichols shall
be entitled to equitable adjustment of compensation and Freese and Nichols shall be entitled to adjust
contract schedule consistent with the number of days of delay.
Exhibit A-4
EXHIBIT "B"
On -Call Professional Services for Water and Wastewater Modeling
COMPENSATION
A. Not to Exceed: The total fee for Basic Services in Exhibit "A" shall be computed on the basis of the
Schedule of Charges but shall not exceed $65,186. If FNI sees the Scope of Services changing so that
Additional Services are needed, FNI will notify OWNER for OWNER's approval before proceeding.
Additional services shall be computed based on the Schedule of Charges.
B. Schedule of Charges:
Position
Min
Max
PRINICIPAL
174.83
267.00
GROUP MANAGER
198.93
261.80
ENGINEER VIII
211.44
272.38
ENGINEER VII
180.53
233.63
ENGINEER VI
159.10
224.39
ENGINEER V
134.11
173.56
ENGINEER IV
116.59
153.51
ENGINEER III
103.94
148.67
ENGINEER II
89.91
116.35
ENGINEER I
85.72
110.93
CADD DESIGNER
115.84
149.90
TECHNICIAN IV
90.58
117.22
TECHNICIAN III
75.01
100.93
TECHNICIAN II
68.50
91.88
TECHNICIAN I
51.58
69.21
GIS COORDINATOR
106.79
138.20
GIS ANALYST IV
99.43
128.68
GIS ANALYST III
72.56
101.64
GIS ANALYST II
61.65
79.79
GIS ANALYST 1
51.44
66.57
WORD PROCESSING/SECRETARIAL
53.90
81.49
OPERATIONS ANALYST
100.24
140.51
CONTRACT ADMINISTRATOR
68.05
88.07
INFORMATION SERVICES SUPERVISOR
64.97
84.08
INFORMATION SERVICES CLERK III
48.26
62.46
INFORMATION SERVICES CLERK II
36.25
46.91
INFORMATION SERVICES CLERK 1
38.09
42.88
CO-OP
39.16
71.20
The ranges and individual salaries will be adjusted annually
RATES FOR IN-HOUSE SERVICES
Plotter Printing
Bond $2.50 per plot Black and White Color
Other $5.00 per plot $0.10 per single side copy $0.50 per single side copy
Color $5.75 per plot $0.20 per double side copy $1.00 per double side copy
Binding
$5.75 per book
OTHER DIRECT EXPENSES
Other direct expenses are reimbursed at actual cost times a multiplier of 1.10. They include outside printing and reproduction expense,
communication expense, travel, transportation and subsistence away from Fort Worth and other miscellaneous expenses directly related
to the work, including costs of laboratory analysis and tests. Other work required to be done by independent persons other than staff
members are reimbursed at actual cost times a multiplier of 1.05.
Exhibit B-1
EXHIBIT C
Project Schedule