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Res 17-33 Approving an Amendment to the Fort Worth wholesale contract for water line construction TOWN OF WESTLAKE RESOLUTION NO. 17-33 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. Resolution 17-33 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 17-33 CITY SECRETARY, 1� — 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. and WHEREAS,the Town of Westlake is wholesale water customer of the City of Fort Worth; 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. QM I co j 0 � V ,Vv Resolution 17-33 a Page 1 of 2 s� E � � W 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. r ATTEST: Laura Wheat, Mayor Kelly-lEdwafd , Town Secre 'sem Thomas E. Bryme own Manager n. APPROVE A TO z T IE' • L. a n Lo , o 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. 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 t day of 0 CN(9Cr , 2017. CITY OF FORT WORTH TOWN OF WESTLAKE /— JESUS J. CHAPA THOMAS E. B M ASSISTANT CITY MANAGER TOWN MANAGER DATE: �� �� 7 DATE: ` I Z ;I APPROVED AS TO FORM AND APPROVEO AS TO Wa4 AND LEGALITY LEGL A fln ALI 4-CHRISTA LOPEZ- DS ST N LO SR. ASSISTANT CITY . TORNEY TO ATTORNEY ATTES ATTEST I OF WEST A Y KAYSER niT KELL- EDW RDS CITY SECRETARY V� dL TOWN SECRETARY Amendment:F.2 Northside II 48-inch Water main Resolution 17-33 Page 3 of 4 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-Al. Customer is requesting 10 MGD of the total 16 MGD to be from the Northside 11 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 II 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. AmendmentT.2 Northside 1148-inch Water main Resolution 17-33 Page 2 of 4 EXHIBIT "A"— 30-inch water main along SH 170 from N. Beach Street to 13590 Denton Hwy (Westlake's Wholesale Metering Station) Amendment:F.2 Northside 1148-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 ^; — �� R 1 -::i * .Y:/ 1�1. '?69' aJ"~— " _ _ y F- _,1s, .�ii•F._... 'Ir_ �� f �r 'nw*iV� al � M � q` �. L .� 'I, k s , -_ � I k �� _•- � _-- • y p City of — ..�n.w..w.ws� Westlake �.. IIII_11�n ate: .W yap, .•�. � w. a ..-�lY x — a- .K:, ------------- - W 1 1 F Q ' 3 ! •4Y A `b� Xg1 •'L 3 R " 'T •h tr "S, '�. / y ea Te —E PLANE NGRTx Cit of Keller YAI DONTIPS 4202 +- 3 CITY OF FORT WORTH -+ a 4 .,:tom„ �,�.p,.,"'��Z :waar" •�- x r EasrP2-Ro EL Ro STUDY O n 6 e t FIGUREUTE B F"aa 6 ` EGE\D YAt'�" Tt1 • �� . 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