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R-08-12-04-9B3 - 12/4/2008RESOLUTION NO. R -08-12-04-9B3 WHEREAS, the City of Round Rock has previously entered into an Interlocal Agreement with the City of Cedar Park and the City of Leander Regarding Final Design Services for the Regional Water System Project, and WHEREAS, the City now desires to enter into Amendment No. 2 to the Interlocal Agreement to revise the allocation of costs due to additional design services, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Amendment No. 2 to the Interlocal Agreement with the City of Cedar Park and the City of Leander Regarding Final Design Services for the Regional Water System Project, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 4th day of December, 2008. SARA L. WHITE, City Secretary 0:\WDOX\RESOLUTI\R81204B3.DOC/rmc ALL MCGRAW, Mayor City of Round Rock, Texas AMENDMENT NO. 2 TO INTERLOCAL AGREEMENT REGARDING FINAL DESIGN SERVICES FOR REGIONAL WATER SYSTEM THIS AMENDMENT NO. 2 TO INTERLOCAL AGREEMENT REGARDING FINAL DESIGN SERVICES FOR REGIONAL WATER SYSTEM ("Amendment No. 2") is entered into between the City of Round Rock, Texas ("Round Rock"); the City of Cedar Park, Texas, ("Cedar Park"); and the City of Leander, Texas ("Leander"). This Amendment No. 2 amends that one certain Interlocal Agreement Regarding Final Design Services for Regional Water System ("Agreement") entered into by the aforesaid cities on or about April 12, 2007, and Amendment No. 1 entered into by the aforesaid cities on or about September 13, 2007. I. Section 1.03, definition of "Cost Allocation Percentage" is amended to read as follows: 1.03 "Cost Allocation Percentage" means the percentage of Final Design Costs to be paid by each Party. The Cost Allocation Percentages for each category of Final Design Services are set forth on Exhibit "A", Revision 2 attached hereto II. Section 4.02 (a) is amended to read as follows: (a) All Final Design Costs shall be shared by the Parties according to the Cost Allocation Percentages applicable to each Project Category designation, as set forth in Exhibit "A", Revision 2, attached hereto. III. Section 4.03 (a)(i) is hereby amended to read as follows: 4.03 Design Fund (a) The Parties shall contribute monies to the Design Fund in accordance with the following provisions: (i) In accordance with the terms of the original Agreement, the Parties have previously deposited into the Design Fund certain sums of money ("the Design Payments") representing the initial deposit of twenty-five percent (25%) of each Party's share of the estimated Final Design Costs, plus additional sums as requested by Round Rock to pay invoices for the Final Design Contracts. Each Party's total estimated Design Payments, based on the estimated Final Design Costs set forth in Exhibit "A", Revision 2 attached hereto, including Design Payments previously made, is set forth below: 1) Round Rock $3,642,946.37 2) Leander $4,369,029.51 3) Cedar Park $1,219,916.12 IV. Section 5.10 is amended to read as follows: 5.10 Exhibits. The following exhibits are attached to this Agreement and incorporated herein by reference: Exhibit A. Revision 2 Cost Allocation Percentages Exhibit B Project Schedule V. Exhibit A, Revision 2 is attached to this Amendment 2. [SIGNATURES ON FOLLOWING PAGES) 2 ATTEST: Sara L. White, City Secretary CITY OF ROUND ROCK: By: Alan McGraw, Mayor Date: 3 ATTEST: LeAnn Quinn, City Secretary CITY OF CEDAR PARK: By: Bob Lemon, Mayor Date: ATTEST: Debbie Haile, City Secretary CITY OF LEANDER: By: John Cowman, Mayor Date: EXHIBIT "A", REVISION 2 ALLOCATION OF COSTS Phase/Segment Capacity (MGD) Cost Allocation Initial Final Design Costs Supplemental Contract No.2 Costs Supplemental Contract No.3 Costs Amended Final Design Costs Raw Water System and Barge Cedar Park 15.0 14.18% $310,835.00 $62,925.73 $47,285.05 $421,045.78 Leander 50.0 47.26% $1,035,971.00 $209,722.87 $157,594.62 $1,403,288.49 Round Rock 40.8 38.56% $845,261.00 $171,115.40 $128,583.33 $1,144,959.73 Total 105.8 100.00% $2,192,067.00 $443,764.00 $333,463.00 $2,969,294.00 Water Treatment Plant Cedar Park 15.0 14.18% $369,644.00 $120,628.27 $135,249.40 $625,521.67 Leander 50.0 47.26% $1,231,974.00 $402,037.51 $450,767.78 $2,084,779.29 Round Rock 40.8 38.56% $1,005,182.00 $328,027.22 $367,786.82 $1,700,996.04 Total 105.8 100.00% $2,606,800.00 $850,693.00 $953,804.00 $4,411,297.00 Transmission Line Segments Segment 1 Cedar Park 15.0 14.18% $166,463.00 $6,885.67 NA $173,348.67 Leander 50.0 47.26% $554,800.00 $22,948.98 NA $577,748.98 Round Rock 40.8 38.56% $452,668.00 $18,724.35 NA $471,392.35 Total 105.8 100.00% $1,173,931.00 $48,559.00 NA $1,222,490.00 Segment 2C Cedar Park 0 0% $0 $0 NA $0 Leander 38 48.22% $302,610.00 $602.75 NA $303,212.75 Round Rock 40.8 51.78% $324,951.00 $647.25 NA $325,598.25 Total 78.8 100.00% $627,561.00 $1,250.00 NA $628,811.00 Allocation of Costs Cedar Park $846,943.00 $190,439.67 $182,534.45 $1,219,916.12 Leander $3,125,354.00 $635,312.11 $608,362.40 $4,369,029.51 Round Rock $2,628,062.00 $518,514.22 $496,370.15 $3,642,946.37 Total $6,600,359.00 $1,344,266.00 $1,287,267.00 $9,231,892.00 25% Payment Initial ' Cedar Park $211,735.69 Leander $781,338.56 Round Rock $657,015.50 6 DATE: November 24, 2008 SUBJECT: City Council Meeting — December 4, 2008 ITEM: 9B3. Consider a resolution authorizing the Mayor to execute Amendment No. 2 to an Interlocal Agreement regarding Final Design Services for the Regional Water Project with the Cities of Cedar Park and Leander. Department: Staff Person: Justification: Water and Wastewater Utilities Michael Thane, P.E., Director of Utilities Amendment No. 2 was approved by the Round Rock City Council on October 23, 2008. Prior to the City of Cedar Park City Council approving this ILA, they requested changes to the deep water intake due diligence scope of services for the Carter Burgess contract. Amendment No. 2 is being revised to reflect Cedar Park's request to reduce the scope and cost. Funding: Cost: $515,741.75 Source of funds: Capital Project Funds (Self -Financed Utility) Outside Resources: City of Cedar Park City of Leander Carter & Burgess, Inc. Camp, Dresser & McKee, Inc. Lockwood, Andrews & Newnam, Inc. K. Friese & Associates, Inc. Background Information: The Cities of Round Rock, Cedar Park, and Leander have agreed to jointly pursue a Regional Water System that will ultimately provide an additional 105.8 million gallons per day of potable water to meet future water demands of the Cities based on projected population growth. This Interlocal Agreement between the three Cities outlines the procedure for managing the Final Design Service contracts. All Final Design Costs shall be shared by the Parties according to their ultimate capacity allocation percentage in the various segments of the Regional Water System. The floating intake barge, raw water line, water treatment plant, and transmission line Segment 1 cost allocations are Round Rock 38.56%; Cedar Park 14.18%; and Leander 47.26%. The transmission water line, Segment 2c cost allocation is based on each City's reserved capacity of the line. Leander's cost allocation is 48.22% and Round Rock's is 51.78%. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS AMENDMENT NO. 2 TO INTERLOCAL AGREEMENT REGARDING FINAL DESIGN SERVICES FOR REGIONAL WATER SYSTEM THIS AMENDMENT NO. 2 TO INTERLOCAL AGREEMENT REGARDING FINAL DESIGN SERVICES FOR REGIONAL WATER SYSTEM ("Amendment No. 2") is entered into between the City of Round Rock, Texas ("Round Rock"); the City of Cedar Park, Texas, ("Cedar Park"); and the City of Leander, Texas ("Leander"). This Amendment No. 2 amends that one certain Interlocal Agreement Regarding Final Design Services for Regional Water System ("Agreement") entered into by the aforesaid cities on or about April 12, 2007, and Amendment No. 1 entered into by the aforesaid cities on or about September 13, 2007. I. Section 1.03, definition of "Cost Allocation Percentage" is amended to read as follows: 1.03 "Cost Allocation Percentage" means the percentage of Final Design Costs to be paid by each Party. The Cost Allocation Percentages for each category of Final Design Services are set forth on Exhibit "A" Revision 2 attached hereto. IL Section 4.02 (a) is amended to read as follows: (a) All Final Design Costs shall be shared by the Parties according to the Cost Allocation Percentages applicable to each Project Category designation, as set forth in Exhibit "A", Revision 2, attached hereto. (d) The Parties agree that the cost of Round Rock's performing the aforesaid financial administration and other general administration services is the sum of $3,500 per month, not to exceed $84,000 total, which shall be shared and allocated among the Parties as follows: Cedar Park: 14.18% Leander: 47.26% Round Rock: 38.56% III. Section 4.03 (a)(i) is hereby amended to read as follows: 4.03 Design Fund (a) The Parties shall contribute monies to the Design Fund in accordance with the following provisions: (i) In accordance with the terms of the original Agreement, the Parties have previously deposited into the Design Fund certain sums of money ("the Design Payments") representing the initial deposit of twenty-five percent (25%) of each Party's share of the estimated Final Design Costs, plus additional sums as requested by Round Rock to pay invoices for the Final Design Contracts. Each Party's total estimated Design Payments, based on the estimated Final Design Costs set forth in Exhibit "A". Revision 2 attached hereto, including Design Payments previously made, is set forth below: 1) Round Rock $3,642,946.37 2) Leander $4,369,029.51 3) Cedar Park $1,219,916.12 IV. Section 5.10 is amended to read as follows: 5.10 Exhibits. The following exhibits are attached to this Agreement and incorporated herein by reference: Exhibit A. Revision 2 Cost Allocation Percentages Exhibit B Project Schedule v. Exhibit A, Revision 2 is attached to this Amendment 2. [SIGNATURES ON FOLLOWING PAGES) 2 ATTEST: CITY OF ROUND ROCK: By: shVl Sara L. White, City Secretary Alan McGraw, Mayor Date: IZ•441) 3 ATTEST: LeAnn Quinn, City Secretary -12-cf-9G3 CITY OF CEDAR PARK: By:..._ Bob '; !n, Mayor Date: 4 '�/ o1) AT EST: Debbie Haile, City Secretary CITY OF LEANDER: C ) By: Date: John Cowman, Mayor EXHIBIT "A", REVISION 2 ALLOCATION OF COSTS Phase/Se . ment Capacity MGD Raw Water System and Barge Cedar Park Leander Round Rock Total 15.0 50.0 40.8 105.8 Water Treatment Plant Cedar Park Leander Round Rock Total Transmission Line Se Se , ment 1 Cedar Park Leander Round Rock Total Se ! ment 2C Cedar Park Leander Round Rock Total Allocation of Costs Cedar Park Leander Round Rock Total 15.0 50.0 40.8 105.8 Cost Allocation Initial Final Design Costs Supplemental Contract No.2 Costs Supplemental Contract No.3 Costs Amended Final Design Costs ments 15.0 50.0 40.8 105.8 0 38 40.8 78.8 14.18% 47.26% 38.56% 100.00% 14.18% 47.26% 38.56% 100.00% 14.18% 47.26% 38.56% 100.00% 0% 48.22% 51.78% 100.00% $310,835.00 $1,035,971.00 $845,261.00 $2,192,067.00 $369,644.00 $1,231,974.00 $1,005,182.00 $2,606,800.00 $166,463.00 $554, 800.00 $45 2,668.00 $1,173,931.00 $0 $302,610.00 00 $324,951.00 $627,561.00 $846,943.00 $3,125,354.00 $2,628,062.00 $6,600,359.00 $62, 925.73 $209,722.87 $171,115.40 $443,764.00 $120,628_27 $402,037.51 $328, 027.22 $850,693.00 $6,885.67 $22,948.98 $18,724.35 $48,559.00 $0 $602.75 $647.25 $1,250.00 $190,439.67 $635,312.11 $518,514.22 $1,344,266.00 $47,285.05 $157,594.62 $128,583.33 $333,463.00 $135,249.40 $450767.78 $367,786.82 $953,804.00 NA NA NA NA NA NA NA NA $182,534.45 $608,362.40 $496,370.15 $1,287,267.00 25% Pa ment Cedar Park Leander Round Rock $421,045.78 $1,403,288.49 $1,144,959.73 $2,969,294.00 $625,521.67 $2, 084, 779.29 $1,700,996.04 $4,411,297.00 $173,348.67 $577,748.98 $471,392.35 $1,222,490.00 $0 $303,212.75 $325,598.25 $628,811.00 $1,219,916.12 $4,369,029.51 $3,642,946.37 $9,231,892.00 Initial $211,735.69 $781,338.56 $657,015.50 6