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
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Date
AmendmentF.2 Northside H 48 -inch Water main
DATE:
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APPROVE SRM AND
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TOWN ATTORNEY
ATTEST
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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
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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-,
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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