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HomeMy WebLinkAboutRes 16-24 Amending the Contract for Water Service with the City of Fort WorthTOWN OF WESTLAKE RESOLUTION NO. 16-24 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AMNEDING THE WHOLESALE WATER CONTRACT WITH THE CITY OF FORT WORTH AND AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE TOWN OF WESTLAKE, TEXAS. WHEREAS, the Town of Westlake is wholesale water customer of the City of Fort Worth; and WHEREAS, the Town of Westlake and Trophy Club MUD previously entered into an interlocal agreement to fund a water supply feasibility and route coordinated through 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 foster and promote region cooperative efforts; and 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 secure and maintain an adequate potable water source for the health, safety, and welfare of the citizens of Westlake; and WHEREAS, the Town Council find that the proposed cooperative engineering design for the Northside II water line provides sound infrastructure planning consistent with goals and objectives within the adopted strategic plan; and WHEREAS, the Town Council finds that the funding for the engineering design for the Northside II water line 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 citizens of Westlake. Resolution 16-24 Page I of 2 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 Fort Worth wholesale contract providing for participation in engineering design of the Northside II water line project, 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. SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 13th DAY OF JUNE, 2016. ATTEST: Kelly) Edward ; Town Secretary Laura Wheat, Mayor Thomas E. Bryme n Manager Resolution 16-24 Page 2 of 2 THE STATE OF TEXAS COUNTY OF TARRANT CAW SECRETARY) CONTRACT , , ��c? KNOW ALL BY THESE PRESENTS AMENDMENT NO.1 TO THE AGREEMENT FOR WATER SERVICE BETWEEN THE CITY OF FORT WORTH AND TOWN OF WESTLAKE FOR THE CONSTRUCTION OF A NORTHSIDE II 30 -INCH WATER MAIN AND ALLOCATED CAPACITY This Amendment No. 1 (Amendment) is made and entered into by and between the Town of Westlake, acting herein by and through its Town Manager, Thomas E. Brymer, hereinafter referred to as CUSTOMER and the City of Fort Worth, acting herein by and through its Assistant City Manager, Jesus J. Chapa, hereinafter referred to as FORT WORTH, all of Tarrant County, State of Texas, (collectively the "PARTIES"). 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 then originally provided for in the CONTRACT; and WHEREAS, to address this need for additional capacity, FORT WORTH is constructing a 30 -inch water main along SH 170 from N. Beach Street to 13590 Denton Hwy (Westlake's Wholesale Metering Station), approximately 14,590 linear feet as shown in EXHIBIT A; and WHEREAS, CUSTOMER has requested capacity in the 30 -inch 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 Trophy Club Municipal Utility District No. 1 has also requested capacity in the Northside II 30 -inch water main; WHEREAS, the PARTIES agree that the CUSTOMER's cost and participation for the Northside II 30 -inch water main shall be as stated in this AMENDMENT. RES 16-24 Page 1 of 4 NOW THEREFORE, the PARTIES agree to amend the CONTRACT as follows: 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 30 -inch water main, shown on Exhibit A. 2.) The total demand needed by the CUSTOMER is 16 MGD at the meter located at Highway 377 as stated in the City Secretary Contract No. 41112-A 1. Customer is requesting 10 MGD of the total 16 MGD to be from the Northside II 30 -inch water main. The additional 6 MGD needed in the future will be addressed by another future water main in a separate contract. CUSTOMER currently has 4.2 MGD capacity from the existing water main network that is serving the existing wholesale meter located at Highway 377. CUSTOMER requests an additional 5.8 MGD from the Northside II 30 -inch water main at this time. The additional 5.8 MGD equals to 37.54 percent of the total 15.45 MGD capacity of the Northside II 30 -inch water main. Trophy Club Municipal District No. 1 is cost participating 6.6 MGD capacity and FORT WORTH is cost participating 3.05 MGD capacity of this Northside II 30 -inch water main. 3.) The estimated total engineering, survey and appraisal cost of the Northside II 30 -inch water main is estimated to be $954,200. CUSTOMER agrees that its proportionate share of this cost is 37.54 percent, estimated to be $358,207. 4.) The Actual Project costs shall include the costs for engineering, project management, easements and right-of-way acquisition, and appraisal fees necessary for the Northside II30-inch water main. 5.) CUSTOMER agrees that the Actual Project costs shall be shared by CUSTOMER, Town of Westlake, and FORT WORTH proportionately. CUSTOMER agrees that the Actual Project cost may differ from the projection stated in subsection 3 and CUSTOMER shall pay FORT WORTH its proportionate share of 37.54 percent of the Actual Project cost. 6.) Payments for CUSTOMER's share of the Actual Project Costs shall be due prior to the award of the Northside II 30 -inch water main design contract. A payment is late if not paid within 30 days after the full execution of this agreement. Late payments shall accrue interest at the rate of one and one-half percent (1-1/2%) per month until paid. Page 2 of 4 EXHIBIT "A" — 30 -inch water main along SH170 from N. Beach Street to 13590 Denton Hwy (Westlake's Wholesale Metering Station) Page 4 of 4 This AMENDMENT shall become effective upon full and complete execution: /7 EXECUTED this' 7,,Iday of/ , 2016. CITY OF FORT WORTH JESUS J. CHAPA ASSISTANT CITY MANAGER DATE: APPROVED AS TO FORM AND LEGALITY TOWN OF WESTLAKE HOMA R TOWN MANAG DATE: APPROVED AS TO ORM AND LEGALIT CHR TA LOPE -REYNOLD S LO SR. ASSISTANT CITY A, EY TOWN ATT EY contract Authoriiitioa Date ATTEST cwCk al KELLY EDWARDS TOWN SECRETARY Page 3 of 4 • j I City of Westlake Stela ENtl k �tf ' Ali 1,' a tea. 115 I,t. III f3.'L�lp n (} i trt 1 'I .Ella: 1 i 1._J1 L. i 1 r'I,i Er LE,r, It _I,_` Lt3 1 ° e 111111.1.5'171:1 - "• riff Tbl ilj, l': th �a7? . ° II �►� :' � '?aal I v1,11a /1.1,- 1©® �f,�aaiM1 �i�puuyRill mPli;;�lw;; co lo Roe..0 MG Gmunel Storms, Tanl CITY OF FORT WORTH . Ground storage Tank • repo Polnt le GNNary Customer NORTHEAST PIPELINE, ROUTE STUDY FIGURE 2 - ROUTE B MSC. Route B - Fort Worth Water Noe FORT WORTH® en = NICHOLS SAIFWtiwwllpWF1I^ Res 16-24 City of Keller oR WoM &anhary sews Meln EXHIBIT "A" — 30 -inch water main along SH170 from N. Beach Street to 13590 Denton Hwy (Westlake's Wholesale Metering Station) DATUM RADCENTRAL TEXAS ONEMSTATE S 02PLANE NORTH y,OINRY MAP 0 N.TA.