HomeMy WebLinkAboutContract 41112-A3 (2) TOWN OF WESTLAKE
CITY SECRETARY
RESOLUTION NO. 17-33 CONTRACT NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,TEXAS,
AMENDING THE WHOLESALE WATER CONTRACT WITH THE CITY OF FORT
WORTH FOR THE CONSTRUCTION OF A 30' WATERLINE 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 engineering design 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 construction for the
30"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 construction of the 30"
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 public. Q
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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 funding for participation in
construction of 30" 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 28TH DAY OF AUGUST 2017.
ATTEST: Laura Wheat,Mayor
w-
Kelly-)Edwazd�, Town Secre Thomas E. Brymex/, own"Manager
APPROVEVA- TO
F'
TE
L. Son Lowi , 7o urr'Attorney
Resolution 17-33
Page 2 of 2
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS
COUNTY OF TARRANT
AMENDMENT NO.3 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. 3 (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, 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"),
Amendment No.l known as Fort Worth City Secretary Contract No. 41112-A1
("AMEND NO.1") for 48-inch cost participation; Amendment No.2 known as Fort Worth
City Secretary Contract No. 41112-A2 ("AMEND NO.2") for 30-inch engineering design
contract cost participation; 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
AMEND NO.1, and AMEND NO.2; 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 engineering design, survey and
appraisal related cost and participation for the Northside II 30-inch water main shall be as
stated in AMEND NO.2.
WHEREAS, the PARTIES agree that the CUSTOMER's construction related cost and
participation for the Northside II 30-inch water main shall be as stated in this
AMENDMENT.
NOW THEREFORE, the PARTIES agree to amend the CONTRACT as follows:
1.) FORT WORTH shall be responsible for the public bid and award of
construction, together with any plan and spec 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-A1. 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 27.94 percent of the total 20.76 MGD capacity of the Northside
II 30-inch water main. The Northside H 30-inch capacity is based on the
Fort Worth's Ordinance#21251-05-2014 for Water Main Capacity Charge.
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 project management, easements, right-of-way
acquisition, construction cost and related construction contingencies of the
Northside II 30-inch water main is estimated to be $9,463,600.
CUSTOMER agrees that its proportionate share of this cost is 27.94
percent, estimated to be $2,644,130.
4.) Payments for CUSTOMER's share of the Actual Construction Project
Costs shall be due in two installments that would consist of the first
payment of $899k prior to the award of the Northside II 30-inch water
main design contract and the second payment of$1.75M when Westlake
takes down SWIFT funds in November of 2018. A payment is late if not
paid within 30 days after the project's public bid opening. Late payments
shall accrue interest at the rate of one and one-half percent (1-1/2%) per
month until paid.
5.) CUSTOMER agrees that the Actual Construction Project costs shall be
shared by CUSTOMER, Town of Westlake, and FORT WORTH
proportionately. CUSTOMER agrees that the Actual Construction Project
cost may differ from the projection stated in subsection 3 and
CUSTOMER shall pay FORT WORTH its proportionate share of 27.94
percent of the Actual Construction Project cost.
Amendment:F.2 Northside II 48-inch Water main Resolution 17-33
Page 2 of 4
6.) Payments for CUSTOMER'S share of the Actual Construction 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
project's public bid opening. Late payments shall accrue interest at the
rate of one and one-half percent(1-1/2%)per month until paid.
This AMENDMENT shall become effective upon full and complete execution:
EXECUTED this 1day of '` ` , 2017.
CITY OF FORT WORTH TOWN OF WESTLAKE
JESUS J. CHAPA THOMAS E. R
ASSISTANT CITY MANAGER TOWN MANAGE
DATE: t `r - / -/ -? DATE: 8 1 Z a J 1—J
APPROVED AS TO FORM AND APPROVED 1 S T RM AND
LEGALITY r, LEGA
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CHRIS A LOPEZ- YNOLDS S N Y
SR. ASSISTANT CITY ATTORN TOWN ATTORNEY
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CITY SECRETAR I--; TOWN SECRETARY i'
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AmendmentF.2 Northside 11 48-inch Water main Res 'TX
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EXHIBIT"A"—
30-inch water main along SH170 from N. Beach Street to 13590 Denton Hwy
(Westlake's Wholesale Metering Station)
Amendment:F.2 Northside II 48-inch Water main Resolution 17-33
Page 4 of 4
EXHIBIT'A'–
30-Inch water main along SH170 from N.Beach Street to 13590 Denton Hwy(Westlake's Wholesale Metering Station
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Resolution 17-33
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/19/2017
DATE: Tuesday, September 19, 2017 REFERENCE NO.: C-28387
LOG NAME: 60TROPHY CLUB &TOWN OF WESTLAKE
SUBJECT:
Authorize Execution of Amendment No. 3 to the Wholesale Water Contracts with the Trophy
Club Municipal District No. 1, City Secretary Contract No. 41111, and the Town of Westlake,
City Secretary Contract No. 41112, for the Construction Cost Participation Toward the Capacity
Needed from the Northside II 30-inch Water Main from Beach and SH 170 to SH377 and
Liberty Way (COUNCIL DISTRICTS 7)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an amendment
to the wholesale water contract with the Trophy Club Municipal.District No. 1, City Secretary
Contract No. 41111 and Town of Westlake, City Secretary Contract No. 41112 for the
Construction Cost Participation toward the Northside II 30-inch Water Main from Beach
Street and SH 170 to SH377 and Liberty Way.
DISCUSSION:
The existing uniform wholesale water contracts with the Trophy Club Municipal District No.
1, City Secretary Contract(CSC)No. 41111 and Town of Westlake CSC No. 41112 requires
the wholesale customer to cost participate toward the additional capacity needed from
proposed Fort Worth's water transmission mains. These wholesale customers have requested
capacity from the Northside II 30-inch water main from Beach and SH 170 to SH377 and
Liberty Way.
The Fort Worth City Council approved the engineering, survey and appraisal cost participation
amendment Mayor and Council Communication (M&C C-27783) with Trophy Club
Municipal District No. 1 and Town of Westlake on June 21, 2016.
Fort Worth, Trophy Club Municipal District No. 1 and the Town of Westlake now propose to
amend the wholesale contracts to include construction cost participation on the three mile long
Northside II 30-inch water main. This 30-inch water main will have a capacity of 20.76
million gallons per day (MGD),per Fort Worth Ordinance No. 21251-05-2014, which details
the Water Main Capacity Charges. The cost estimate for easements,project management, and
construction of the 30-inch Northside II water main is $9,463,600.00.
Below is the requested capacity from each wholesale water customer and the associated
easements, project management and construction cost participation.
Wholesale Requested Cost Estimated Easements, Project
Customer Capacity Participation Management and construction Cost
Cities (MGD) Percentage Participation for the NSII 30-inch
(%) (Water Main
Trophy Club 6.6 31.79% $3,008,480.00
MUD #1
Nvestlake F 5.8 —F-
27.94% $2,644,130.00
Under the terms of the existing wholesale contract, the entities will pay toward the easements,
project management and construction cost of the proposed Northside II 30-inch water main.
The above is only a cost estimate. The final cost participation amount from each wholesale
water customer will be based on the final cost at the end of the project. City Staff has reviewed
the requested capacity and has no objection to approval of these requests.
The project is located in COUNCIL DISTRICTS 7.
This contract will be with a governmental entity, state agency or public institution of higher
education: (Trophy Municipal District No. 1 and the Town of Westlake).
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that the Water Department is responsible for the collection
and deposit of funds due to the City.
FUND IDENTIFIERS (FIDs):
TO
Fund Depalrttment Account Project
ProgramActivity year Budget (C Reference ld 2) Amount
FROM
Fund Depa t ent Account Project ProgramActivity year Budget (C Referenceartf2) Amount
CERTIFICATIONS:
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Kara Shuror (8819)
Additional Information Contact: Wendy Chi-Babulal (8242)
ATTACHMENTS
1. 60TROPHY CLUB TOWN OF WESTLAKE map.pdf (Public)