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Res 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 r a Kevin Carr Secretary, Board of Directors k RP,4 m m 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) ilE�. ai{ EXHIBIT A Geographical Area of Study NVILLE AVE ,cl'S t 2- cMONINA+;1 Oa:`JNIN'FA't . -Q - G FSI ]AV 3ll1ANOlA3d `O PO�aF' EFEORO OF FJ�I V. to S_ ¢ U o z dm�O ? + a10 SndwVO z pl N}�HO W U a a � OO�Oa t OOE w vs+�+ via A utNw vav- _ rrTT v Yi as 3m, 13;;103ad-, ON ITY4I'VONVa 6' 7 I�1 Q "'� O W= vOj °' _F z ps W O E r �V a0 OY.VY S ff Fpyr s � Y s 01R _ l7 - o - r4 w ii arvr D'L ( N L ASPEN ONtllHO1H Nl ltlA Oa 2- m N LN O .. 10 MOI- v (VLI JI U �• iRL LL MO 71EMabH vEN,AN CT Oo 2 Q U C ~ NI No4s, p _ 3 i N H- � � �,-: 1 L , a Q. O �S Iy2j x O 90S81CT - 2 r G r W 0a3'JNlito 1 r w ,ARALN - - O LOSS TFI al N1 A1239 O G— _a ? �-' of m ' NIVNVO as M3lONtl HJ J Z �ANORWP r -Yi _ as a30N1110 - Y 181 Hams c 1. tA7 0 an ❑00 :•vt0 O ro O� 1S J Y O Y Oa 3,1011 ON O t r y 1 10 O��w Off, 3=O' 0hl5 a❑FRONS 33fla as Ma Vd I m — L 4 F N PENNY LN LL BLUES DELINDA DR O r O w 8O Avg V03009 3Atl VLNV ELAINE ST AOM MCI IWO I O 4 � 6G'✓ Z � ' - O Gn 1- 1S 53lMVNO is W13 � Oa A3111HY.1 1M1 W10SIN0 ' w I I I v�d m... � -. •. c. I of I � a- _ v RE AVE . � 76 I `Jl lVaabdbHO `• 0 a `v i i lal AaO:"� -_ i N aun� � VOSS AVE _.. h TRL Sy I as d013O01a r i y a01SS>l�l'.IH (� I `-J > OEEz Er w O Oarlslnviiv w z- �I n/¢i r a I i I I I o 0 0 � i I p0t70ERO5A R'�CNI O 4 i m O � _ ---------------- c LL Y C s {r ��♦ O Q -VN W GR AY HAI'K LN m. �'. aolasrans u; „IY y.a >����I ___. STOR OR c ' � , LLL ab Q I m 1 Oa O1N3❑ Ol0 Nl tlInS NIN3d o 1O, as NOIN30010 LL jQ �'Yiby d0bLa8H CSX AAIBF1Y�aN _._--.____-__._____________ LL I � I w Oa MowavR �- c c �a _ o a Q m 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