R-09-10-22-11E2 - 10/22/2009RESOLUTION NO. R -09-10-22-11E2
WHEREAS, on February 8, 2007, the City of Round Rock ("City")
entered into an Interlocal Agreement Regarding Ancillary Consulting
Services for the Regional Water System ("Agreement") with the City
of Cedar Park and the City of Leander ("Parties"), and
WHEREAS, pursuant to the Agreement, the City and Parties wish
to enter into a Memorandum of Agreement to confirm the additional or
revised tasks to the General Agreement for Multiple Task
Professional Services dated August 26, 2009 between Environmental &
Planning Associates, Inc. and the City of Cedar Park, 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 a Memorandum of Agreement with the City of Cedar
Park and the City of Leander, 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 22nd day of October, 2009.
ATTEST:
SARA L. WHITE, City Secretary
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ALAN MCGRAW, Mayor
City of Round Rock, Texas
Memorandum of Agreement
To: Design and Oversight Committee
From: Jim Nuse, Round Rock City Manager
Biff Johnson, Leander City Manager
Brenda Eivens, Cedar Park City Manager
Date: September 24, 2009
Re: Environmental & Planning Associates, Inc. ("Project Consultant")
Pursuant to the Interlocal Agreement Regarding Ancillary Consulting Services for
Regional Water System, this Memorandum of Agreement is to confirm that the City of
Round Rock, the City of Leander, and the City of Cedar Park have agreed to the revisions
to the General Agreement for Multiple Task Professional Services dated August 26,
2009, between the Project Consultant and the City of Cedar Park (the "Contracting
Party"), a copy of which is attached hereto.
City of Round Rock
Jim Nuse, City Manager
Date:
City of Leander
Biff Johnson, City Manager
Date:
City of Cedar Park
Brenda Eivens, City Manager
Date:
EXHIBIT
as "A"
Environmental & Planning Associates, Inc.
August 26, 2009
Mr. Kenneth Wheeler, P. E.
Assistant Director of Utilities
City of Cedar Park
2401 183A Toll Road
Cedar Park, TX 78613
Dear Kenneth;
Pursuant to our discussion, and to our GENERAL AGREEMENT FOR MULTIPLE TASK PROFESSIONAL
SERVICES and associated Task Orders 1- 5, dated March 21, 2007, 1 am requesting written approval for
the following revisions to one or more of the Task Orders due to changes in scope of the tasks which
occurred that were verbally authorized earlier but subsequent to the date of execution of the
documents above, time being of the essence in continuing those tasks. Specifically:
Task Order 1, Part 1.0, Paragraph 1.2 is amended to include in Scope of Services a direct payment by
Consultant of $123,900.00 in mitigation fees to the Balcones Canyonlands Plan, on behalf of BCRUA, to
obtain the Balcones Canyonlands Conservation Plan Participation Certificate #0629. Payment was made
by check on June 16, 2009. Task Order 1, Part 5.0, Paragraph 5.2 is thereby and hereby amended to
increase the amount for those services to $259,100.00.
Task Order 5, Part 2, Paragraphs 2.1 2.12 are amended to provide only the portions of those Services
as they apply to the simplified analysis required for Deep Water Intake Site 4 (Gross Property), deleting
Paragraphs 2.7, 2.8, and parts of 2.4, 2.5, 2.6, and 2.9. These changes reduce Part 5, Paragraph 5.2 from
$135,000 to $92,000.00.
Task Order 4 Part 1 should be amended to include an additional Service at Paragraph 1.2: CONSULTANT
will assist BCRUA consultants and CDM Engineers in drafting, reviewing, processing, submitting and
securing approval by Texas Water Development board of a draft Environmental Assessment to secure
bond financing through TW DB assistance programs, including securing letters of concurrence from state
and federal agencies as required. This item includes attendance at public hearings and other meetings
with agencies as requested by BCRUA and CDM Engineers. This work is largely done and has been
invoiced and this added service increases the Payments to Consultant, Part 5.0 from $10,560.00 to
$43,060.00
Texas Office: 7200 Twilight Mesa Dr
Austin, TX 78737 TEL: 512-394-9710
M: 512-422-2209; E: ballisonlPaustin.rr.com
Wisconsin Office: 46950 Tri -Lakes Rd.
Drummond, WI 54832 TEL: 877-751-1239
M: 715.558-1713; E: icenick(5 cheonet.net
Consulting o Entitlements o Communications a Conflict Resolution
Environmental & Planning Associates, Inc.
The net effect of these changes in scope and services increases the overall authorization for Task Orders
1— 5 from an original, aggregate amount of $471,155 to $584,555.00 for all of these related task orders
and services.
If you have additional questions or other issues relating to the engagement of my firm that need my
attention, please contact me.
This Amendment to Task Orderl, 5, and 4 is executed as of the last date shown herein below.
City of Cedar Park, Texas Environmental & Planning Associates, Inc.
"CONTRACTING PARTY" "CONSULTANT"
BY: BY:
NAME: Ms. Brenda Eivens NAME: Barrett D. Allison
TITLE: City Manager TITLE: President
ADDRESS: 600 North Bell Blvd. ADDRESS: 7200 Twilight Mesa Drive
Cedar Park, Texas 78613 Austin, TX 78737-3525
DATE: DATE:
Texas Office: 7200 Twilight Mesa Dr
Austin, TX 78737 TEL: 512-394-9710
M: 512-422-2209• E: ballison1Paustin.rr.com
•
Wisconsin Office: 46950Tri-Lakes Rd.
Drummond, WI 54832 TEL: 877-751-1239
M: 715-558-1713; E: iceoick(alchegnet.net
Consulting o Entitlements o Communications Q Conflict Resolution
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DATE: October 15, 2009
SUBJECT: City Council Meeting — October 22, 2009
ITEM: 11E2. Consider a resolution authorizing the Mayor to execute a Memorandum of
Agreement with Cedar Park and Leander regarding Ancillary Consulting Services
with Environmental & Planning Associates, Inc. for the BCRUA.
Department:
Staff Person:
Justification:
Water/Wastewater Utilities
Michael Thane, Director of Utilities
The Brushy Creek Regional Utility Authority (BCRUA) currently has a contract with Environmental &
Planning Associates, Inc. for environmental consulting services. This Memorandum of Agreement is for
approval of additional or revised tasks which include: 1) direct payment by Consultant of $123,900 in
mitigation fees to the Balcones Canyonlands Conservation Plan (BCCP), on behalf of BCRUA, to obtain
the BCCP Participation Certificate #0629, 2) modify services to reflect a simplified analysis for Deep
Water Intake Site 4 and, 3) assistance in processing and securing approval by the Texas Water
Development Board (TWDB) of a draft Environmental Assessment to secure bond financing through
TWDB assistance programs. These additional and revised tasks are for $113,400.00 of which Round
Rock's share is 38.56%, or $43,727.04.
Funding:
Cost: $43,727.04
Source of funds: Regional Water Fund
Outside Resources: Environmental & Planning 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 (mgd) of potable water to
meet future water demands of the Cities based on projected population growth. All costs for consulting
services shall be shared by the Cities according to their ultimate capacity allocation percentage in the
project. Round Rock's share of these environmental consulting services is $225,404.41, which is 38.56%
of the total contracted amount of $584,555.00.
Public Comment: N/A
Memorandum of Agreement
To: Design and Oversight Committee
From: Jim Nuse, Round Rock City Manager
Biff Johnson, Leander City Manager
Brenda Eivens, Cedar Park City Manager
Date: September 24, 2009
Re: Environmental & Planning Associates, Inc. ("Project Consultant")
Pursuant to the Interlocal Agreement Regarding Ancillary Consulting Services for
Regional Water System, this Memorandum of Agreement is to confirm that the City of
Round Rock, the City of Leander, and the City of Cedar Park have agreed to the revisions
to the General Agreement for Multiple Task Professional Services dated August 26,
2009, between the Project Consultant and the City of Cedar Park (the "Contracting
Party"), a copy of which is attached hereto.
of Round Rock
use, City Manager
City of Leander
Biff J
Date:
''''Manager _
City of Cedar Park
6YuukIka-&A
Brenda Eivens, City Manager
Date: 1'7, . 2 . o i
9--O'-to..22-
Environmental
August 26, 2009
Mr. Kenneth Wheeler, P. E.
Assistant Director of Utilities
City of Cedar Park
2401 183A Toll Road
Cedar Park, TX 78613
Dear Kenneth;
p
l\
Planning Associates, Inc.
Pursuant to our discussion, and to our GENERAL AGREEMENT FOR MULTIPLE TASK PROFESSIONAL
SERVICES and associated Task Orders 1 - 5, dated March 21, 2007, I am requesting written approval for
the following revisions to one or more of the Task Orders due to changes in scope of the tasks which
occurred that were verbally authorized earlier but subsequent to the date of execution of the
documents above, time being of the essence in continuing those tasks. Specifically:
Task Order 1, Part 1.0, Paragraph 1.2 is amended to include in Scope of Services a direct payment by
Consultant of $123,900.00 in mitigation fees to the Balcones Canyonlands Plan, on behalf of BCRUA, to
obtain the Balcones Canyonlands Conservation Plan Participation Certificate #0629. Payment was made
by check on June 16, 2009. Task Order 1, Part 5.0, Paragraph 5.2 is thereby and hereby amended to
increase the amount for those services to $259,100.00.
Task Order 5, Part 2, Paragraphs 2.1— 2.12 are amended to provide only the portions of those Services
as they apply to the simplified analysis required for Deep Water Intake Site 4 (Gross Property), deleting
Paragraphs 2.7, 2.8, and parts of 2.4, 2.5, 2.6, and 2.9. These changes reduce Part 5, Paragraph 5.2 from
$135,000 to $92,000.00.
Task Order 4 Part 1 should be amended to include an additional Service at Paragraph 1.2: CONSULTANT
will assist BCRUA consultants and CDM Engineers in drafting, reviewing, processing, submitting and
securing approval by Texas Water Development board of a draft Environmental Assessment to secure
bond financing through TWDB assistance programs, including securing letters of concurrence from state
and federal agencies as required. This item includes attendance at public hearings and other meetings
with agencies as requested by BCRUA and CDM Engineers. This work is largely done and has been
invoiced and this added service increases the Payments to Consultant, Part 5.0 from $10,560.00 to
$43,060.00
Texas Office: 7200 Twilight Mesa Dr
Austin, TX 78737 TEL: 512-394-9710
M: 512-422-2209; E: ballisonl@austin.rr.com
Wisconsin Office: 46950 Tri -Lakes Rd.
Drummond, WI 54832 TEL: 877-751-1239
M: 715-558-1713; E: icepick@chegnet.net
Consulting o Entitlements o Communications <> Conflict Resolution
Environmental
Planning Associates, Inc,
The net effect of these changes in scope and services increases the overall authorization for Task Orders
1 — 5 from an original, aggregate amount of $471,155 to $584,555.00 for all of these related task orders
and services.
If you have additional questions or other issues relating to the engagement of my firm that need my
attention, please contact me.
This Amendment to Task Orderl, 5, and 4 is executed as of the last date shown herein below.
City of Cedar Park, Texas Environmental & Planning Associates, Inc.
"CONTRACTING PARTY" "CONSULTANT"
BY: LA & BY:
NAME: Ms. Brenda Eivens NAME:
Barrett D. Allison
TITLE: City Manager TITLE: President
ADDRESS: 600 North Bell Blvd. ADDRESS: 7200 Twilight Mesa Drive
Cedar Park, Texas 78613
DATE: DATE:
Texas Office: 7200 Twilight Mesa Dr
Austin, TX 78737 TEL: 512-394-9710
M: 512-422-2209; E: ballisonl@austin.rr.com
Austin, TX 78737-3525
Wisconsin Office: 46950 Tri -Lakes Rd.
Drummond, WI 54832 TEL: 877-751-1239
M: 715-558-1713; E: icepick@chegnet.net
Consulting o Entitlements o Communications <> Conflict Resolution
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