Loading...
HomeMy WebLinkAboutRes 14-40 Amending the Contract for Water Service with the City of Fort WorthTOWN OF WESTLAKE RESOLUTION NO. 14-40 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AMENDING AN EXISITNG AGREEMENT FOR WATER SERVICE WITH THE CITY OF FORT WORTH, TEXAS, RELATING TO THE CONSTRUCTION OF THE NORTHSIDE II 48 -INCH WATER MAIN AND ALLOCATED CAPACITY OF WHOLESALE PURCHASE OF TREATED WATER; AND AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE TOWN OF WESTLAKE, TEXAS. WHEREAS, the provision of water service throughout the Town of Westlake is of vital importance to the health, safety, and welfare of the citizens of Westlake; and WHEREAS, Westlake desires to maintain its current water supply, as well as, secure an adequate future potable water source for the health, safety, and welfare of the citizens of Westlake; and WHEREAS, Westlake desires to provide water services for its citizens; and WHEREAS, the Town Council find that securing a future water supply 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 Amendment to the existing Agreement, and its attachments, for Water Services relating to the construction of the Northside II 48 -inch water main and allocated capacity of wholesale treated water by the City of Fort Worth, attached as Exhibit "A", and further authorizes the Town Manager to execute the agreement on behalf of the Town of Westlake, Texas. 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. Resolution 14-40 Page 1 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 17TH DAY OF NOVEMBER, 2014. ATTEST: Kelly dward , Town Secretary APPROVED -AS TO,.PORM: on I�v4, _To/wn Attorney ---� 1 I�� Laura Wheat, Mayor Tom own Manager Resolution 14-40 Page 2 of 2 CITY sEcARY —� CONTRACT NO. 4L n 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 I148 -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 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.l, 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 (1-1/2%) per month until paid. Amendment F.2 Northside 11 48 -inch Water main 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 this L1 � d ofMAdV�L CITY OF FORT WORTH TOWN OF WESTLAKE FERNANDO COSTA HOMA R ASSISTANT CITY MANAGER TOWN MAA R DATE: IL/�°�t W� APPROVED AS TO FORM AND LEGALITY CHRI A LOPE2-'kEYNdLDS SR. ASSISTANT CITY ATTORNEY ATTEST WHO I ti 1 ti CdJjtr&Q XUthorizatioa Date AmendmentF.2 Northside H 48 -inch Water main DATE: �-4 Nlo�embee.�Dl+ APPROVE SRM AND LEGA f B ST RY TOWN ATTORNEY ATTEST glhp, r 61 MA16,11k 0 T EXHBIT "F2a" - 48 -inch water main from Heritage Trace Parkway to Alta Vista and Timberland Boulevard Amendment:P.2 Northside 11 48 -inch Water main EXHBIT "F2b" - Water main from Caylor Tank to the Westlake water meter along Highway 377 AmendmentT.2 Northside II 48 -inch Water main MAYOR AND COUNCIL COMMUNICATION MAP FORT WORTH WATER A COPYRIGHT 2011 CITY OF FORT WORTH I/� UNAUTHORIZED REPRODUCTION IS A VI OLATION OF APPLICABLE LAV THIS DATA IS N Nfj EXHIBIT F.2b b THE ACCURACY IS NOT TO BEUSED TA EGRAPHICAL /USED AS DATA PRODUOCED F, ENGINEERING PURPOSES OR BY A REGISTERED PP-OFESSIONAL LALs- SUP,VE'!OR THE CITY OF FORT 'l.CP.TH AC�IJMES NO PESP('NSIS11 i-, �_.. THE r..i C -.. c P _ a - _ I P,� Westlake Wholesale Meter Lu - '` Westlake _ a W ai WESTPORT E .- O C a L 4 N l0 C . O E `o 0 0 c U O ,- N l0 - aaylorTank Keller NAD 1983 StatePlane Texas North Central FIPS 4202 Feet TOWN OF WESTLAKE RESOLUTION NO. 14-40 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AMENDING AN EXISITNG AGREEMENT FOR WATER SERVICE WITH THE CITY OF FORT WORTH, TEXAS, RELATING TO THE CONSTRUCTION OF THE NORTHSIDE II 48 -INCH WATER MAIN AND ALLOCATED CAPACITY OF WHOLESALE PURCHASE OF TREATED WATER; AND AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE TOWN OF WESTLAKE, TEXAS. WHEREAS, the provision of water service throughout the Town of Westlake is of vital importance to the health, safety, and welfare of the citizens of Westlake; and WHEREAS, Westlake desires to maintain its current water supply, as well as, secure an adequate future potable water source for the health, safety, and welfare of the citizens of Westlake; and WHEREAS, Westlake desires to provide water services for its citizens; and WHEREAS, the Town Council find that securing a future water supply 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 Amendment to the existing Agreement, and its attachments, for Water Services relating to the construction of the Northside II 48 -inch water main and allocated capacity of wholesale treated water by the City of Fort Worth, attached as Exhibit "A", and further authorizes the Town Manager to execute the agreement on behalf of the Town of Westlake, Texas. 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. Resolution 14-40 Page 1 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 17 T" DAY OF NOVEMBER, 2014. ATTEST: OU��Y Kelly)Edwardo, Town Secretary FyO,AST/ Q RM: n Attorney Laura Wheat, Mayor S� Tam ,, -r own IV1'anager Resolution 14-40 Page 2 of 2