R-09-11-12-10G3 - 11/12/2009RESOLUTION NO. R -09-11-12-10G3
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 Due Diligence Services for the Deep Water Intake
Site for the Regional Water System Project, and
WHEREAS, the City now desires to enter into Amendment No. 1 to
the Interlocal Agreement to outline the procedure in which the
Cities will participate in all costs and expenses related to the due
diligence 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. 1 to the Interlocal Agreement with
the City of Cedar Park and the City of Leander Regarding Due
Diligence Services for the Deep Water Intake Site 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.
G:\wdox\SCC1nts\0112\0905\MUNICIPAL\R91112G3.DOC/zmc
RESOLVED this 12th day of November, 2009.
ATTEST:
..JA4A/t. fite
SARA L. WHITE, City Secretary
2
MCGRAW, Mayor
City of Round Rock, Texas
AMENDMENT NO. 1 TO
INTERLOCAL AGREEMENT REGARDING
DUE DILIGENCE SERVICES FOR THE DEEP WATER INTAKE SITE
THIS AMENDMENT NO. 1 TO INTERLOCAL AGREEMENT REGARDING
DUE DILIGENCE SERVICES FOR TIM DEEP WATER INTAKE SITE ("Amendment
No. 1") is entered into between the City of Round Rock, Texas, a Texas home -rule city ("Round
Rock"); the City of Cedar Park, Texas, a Texas home -rule city ("Cedar Park"); and the City of
Leander, Texas, a Texas home -rule city ("Leander"). This Amendment No. 1 amends that one
certain Interlocal Agreement Regarding Due Diligence Services for the Deep Water Intake Site
("Agreement") entered into by the aforesaid cities on or about April 9, 2009.
I.
Section 1.03, definition of "Cost Allocation Percentage" is amended to read as follows:
1.03 "Cost Allocation Percentage" means the percentage of Due Diligence Costs to be
paid by each Party. The Cost Allocation Percentages are set forth on Exhibit "A", Revision 1
attached hereto
II.
Section 4.01 (a) is amended to read as follows:
(a) A11 Due Diligence Costs shall be shared by the Parties according to the
Cost Allocation Percentages, as set forth in Exhibit "A", Revision 1, attached hereto.
Section 4.02 (a)(i) is hereby amended to read as follows:
(a) The Parties shall contribute monies to the Due Diligence Fund in
accordance with the following provisions:
(i) Within ten (10) calendar days of execution of the Due
Diligence Contracts by the Parties, each Party shall deposit into the Due Diligence Fund
a sum ("the Due Diligence Payment"), which represents twenty five percent (25%) of
each Party's share of the estimated Due Diligence Costs. Each Party's estimated Due
Diligence Payment, based on the estimated Due Diligence Costs set forth in Exhibit
"A", Revision 1 attached hereto, is set forth below:
1) Round Rock $ 19,053.87
2) Leander $ 28,961.35
3) Cedar Park $ 18,167.03
a
a
EXHIBIT
II A II
TV.
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 1 Cost Allocation Percentages
Exhibit B Project Schedule
V.
Exhibit A, Revision 1 is attached to this Amendment 1.
[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 1
Cost Allocation
Phase/Segment
Capacity
(MGD) 'Cost Allocation:
Due Diligence Allocation of Costs
Cedar Park
Leander
Round Rock
38.9
62.0
40.8
Total 141.7
Initial Final
Design
Costs
Supplemental
Contract No.1
Costs
Amended
Final Design
Costs
27.45% $63,060.61 1 $9,607.50
43.76% $100,529.41 $15,316.00
28.79% ? $66,138.98 j $10,076.50
100.00% $229,729.00
$35,000.00
$72,668.11
$115,845.41
$76,215.48
$264,729.00
25% Payment
Cedar Park
Leander
Round Rock
Initial
$15,765.15
Amended
$25,132.35 $28,961.35
$16,534.75 7 $19,053.87
$18,167.03
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Draft Due Dlligence Report
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DATE: November 5, 2009
SUBJECT: City Council Meeting — November 12, 2009
ITEM: 10G3. Consider a resolution authorizing the Mayor to execute Amendment No. 1 to
the Interlocal Agreement with Cedar Park and Leander regarding Due Diligence
Services for the Deep Water Intake Site for the Regional Water System Project.
Department:
Staff Person:
Justification:
Water/Wastewater Utilities
Michael Thane, P.E., Director of Utilities
Amendment No. 1 to this Interlocal Agreement includes the fees to be incurred by Jacobs Engineering
Group, Inc. to complete additional due diligence services. These services are related to the Phase 2
Deep Water Intake Site and associated Raw Water Pipeline for the Brushy Creek Regional Water system.
Jacobs' fee of $35,000, as identified in Supplemental Contract No. 1, includes evaluating options for
extending the deep water intake screen location to the 520 foot mean sea level contour of Lake Travis.
The Deep Water Intake facility will be able to provide 141.7 million gallons per day (mgd) of raw water
to the three Cities by pumping water from Lake Travis to the regional water treatment plant, as well as
to the existing Cedar Park and Sandy Creek water treatment plants.
This Interlocal Agreement outlines the procedure in which the Cities will participate in all costs and
expenses related to the due diligence services. The costs shall be shared by the Cities according to their
ultimate capacity allocation percentage in the Deep Water Intake facility. These allocations are Round
Rock 28.79%; Cedar Park 27.45%; and Leander 43.76%.
Strategic Plan Relevance:
Goal 27.0 "Ensure there is an adequate, affordable and safe water supply."
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources:
Cities of Cedar Park and Leander
Public Comment:
Because the intake improvements may be located in the Village of Volente area, the Cities have
conducted several meetings with the residents to discuss the scope of the due diligence services.
AMENDMENT NO. 1 TO
INTERLOCAL AGREEMENT REGARDING
DUE DILIGENCE SERVICES FOR THE DEEP WATER INTAKE SITE
THIS AMENDMENT NO. 1 TO INTERLOCAL AGREEMENT REGARDING
DUE DILIGENCE SERVICES FOR THE DEEP WATER INTAKE SITE ("Amendment
No. 1") is entered into between the City of Round Rock, Texas, a Texas home -rule city ("Round
Rock"); the City of Cedar Park, Texas, a Texas home -rule city ("Cedar Park"); and the City of
Leander, Texas, a Texas home -rule city ("Leander"). This Amendment No. 1 amends that one
certain Interlocal Agreement Regarding Due Diligence Services for the Deep Water Intake Site
("Agreement") entered into by the aforesaid cities on or about April 9, 2009.
I.
Section 1.03, definition of "Cost Allocation Percentage" is amended to read as follows:
1.03 "Cost Allocation Percentage" means the percentage of Due Diligence Costs to be
paid by each Party. The Cost Allocation Percentages are set forth on Exhibit "A", Revision 1
attached hereto
II.
Section 4.01 (a) is amended to read as follows:
(a) All Due Diligence Costs shall be shared by the Parties according to the
Cost Allocation Percentages, as set forth in Exhibit "A", Revision 1, attached hereto.
Section 4.02 (a)(i) is hereby amended to read as follows:
(a) The Parties shall contribute monies to the Due Diligence Fund in
accordance with the following provisions:
(i) Within ten (10) calendar days of execution of the Due
Diligence Contracts by the Parties, each Party shall deposit into the Due Diligence Fund
a sum ("the Due Diligence Payment"), which represents twenty five percent (25%) of
each Party's share of the estimated Due Diligence Costs. Each Party's estimated Due
Diligence Payment, based on the estimated Due Diligence Costs set forth in Exhibit
"A", Revision 1 attached hereto, is set forth below:
1) Round Rock $ 19,053.87
2) Leander $ 28,961.35
3) Cedar Park $ 18,167.03
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 1 Cost Allocation Percentages
Exhibit B Project Schedule
V.
Exhibit A, Revision 1 is attached to this Amendment 1.
[SIGNATURES ON FOLLOWING PAGES]
2
CITY OF ROUND ROCK:
ATTEST:
3/A4/14/' • gi* By: )1/1
Sara L. White, City Secretary Alan McGraw, Mayor
Date: t t . (24C(
3
ATTEST:
LeAnn Quinn, City Secretary
CITY OF CEDAR PARK:
By:
Date:
4
Bow emon, Mayor
1d- 10-0°1
ATTEST:
bie Haile, City Secretary
12--061- l2 [O; 3
CITY OF LEANDER:
By:
Date:
John Cowman, Mayor
/0
5
Exhibit "A" Revision 1
Cost Allocation
Phase/Segment
Cost Allocation'
Initial Final
Design
Costs
Supplemental
Contract No.1
Costs
Amended
Final Design
Costs
Due Diligence Allocation of Costs
Cedar Park
Leander
Round Rock
Total
38.9
27.45%
43.76%
28.79%
100.00%
$63,060.61
$100,529.41
$66,138.98
$229,729.00
$9,607.50
$15,316.00
$10,076.50
$35,000.00
$72,668.11
$115,845.41
$76,215.48
$264,729.00
25% Payment
Cedar Park
Leander
Round Rock
Initial
$15,765.15
$25,132.35
$16,534.75
Amended
$18,167.03
$28,961.35
$19,053.87
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