Res 242-88 12/20/1988RESOLUTION NO. 2 L&
RESOLUTION APPROVING CONTRACT WITH WICHITA
COUNTY WATER IMPROVEMENT DISTRICT NO. 2 FOR
ENGINEERING REPORT ON LAKE DIVERSION DAM AND
SPILLWAY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
That certain contract, a copy of which is attached hereto,
with Wichita County Water Improvement District No. 2 for
engineering report on Lake Diversion dam and spillway is hereby
approved, and the City Manager is authorized to execute the same
for the City of Wichita Falls.
PASSED AND APPROVED this the 20th day of December, 1988.
ATTEST:
City erk
11/30/88
1
THE STATE OF TEXAS H
COUNTY OF WICHITA H
CONTRACT FOR ENGINEERING REPORT
OF LAKE DIVERSION DAM AND SPILLWAY
This agreement made and entered into by and between the City
of Wichita Falls, Texas, hereinafter called "City ", and Wichita
County Water Improvement District No. 2, hereinafter called
"District ", both being municipal and political corporations and
subdivisions of the State of Texas, each acting herein by and
through its respective officers hereunto duly authorized,
WITNESSETH:
WHEREAS, City and District are joint owners of Lake Kemp,
the Diversion Reservoir, main canals, laterals and other
facilities used in connection therewith; and,
WHEREAS, the Texas Water Commission has said that the
parties must repair or rebuild the Diversion Reservoir spillway
and /or dam so that it will pass the probable maximum flood; and,
WHEREAS, the first step in the process will be an engineer's
report, estimated to cost $26,000.00; such report will be
submitted to the Texas Water Commission for approval, then plans
and specifications for the work will have to be prepared;
finally, the parties will contract with some third -party
K
contractor to construct the project, which is anticipated to be a
multi - million dollar project; and,
WHEREAS, City and District have this day entered into a
contract for the operation and maintenance of the jointly owned
lake and canal systems, but the Diversion Reservoir spillway /dam
construction work does not come within the ambit of such
contract.
NOW, for and in consideration of the covenants and
agreements to be performed by each party, the parties hereto do
hereby agree as follows:
1. City and District shall jointly employ an engineering
firm to prepare the engineering report; City and District shall
each pay one -half of the fee for the preparation of such report.
This division of the fee for the report shall have no bearing on
the division between the parties of fees and costs to be paid for
later stages of the project, including the construction cost.
2. When the report is completed, it shall be submitted by
the parties to the Texas Water Commission for approval.
3. When approval of the report is received from the Texas
Water Commission, City and District will negotiate the percentage
which each party will bear of the engineers' fees for the
preparation of the plans and specifications for the work, and of
the cost of construction of the project. In such negotiations,
the fact that the fee for the preparation of the engineers'
report was divided on a fifty -fifty basis between the parties
will not be considered.
3
4. City and District shall then jointly employ an
engineering firm to prepare the plans and specifications for the
project. When the plans and specifications have been completed
and approved by City and District, they shall advertise for bids
for the construction of the project, and award the contract to
the lowest responsible bidder.
5. If the City and District are unable to agree to the
percentage each will pay of the engineers' fees to prepare the
plans and specifications and of the cost of construction of the
project, within sixty (60) days after such negotiations begin,
then the matter shall be submitted to a Board of Arbitration in
the manner provided by law, such Board consisting of the City
Manager of City, the General Manager of District, and a third
disinterested and unbiased person selected by a majority of the
District Judges of Wichita County, Texas. The decision, by such
Board shall be final and binding upon the parties unless the
substantive legal rights of either party are violated.
IN WITNESS WHEREOF, the parties have caused this agreement
to be executed by their duly authorized officers on this the
day of , 1988.
CITY OF WICHITA FALLS, TEXAS
By:
City Manager
`vq0Q * *w
City Clerk
WICHITA COUNTY WATER IMPROVEMENT
DISTRICT NO. 2
By:
President, Board of Directors
ATTEST:
Secretary, Board of
Directors
4