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R-10-01-28-10E2 - 1/28/2010RESOLUTION NO. R -10 -O1 -28-10E2 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. 4 to the Interlocal Agreement to revise the allocation of costs due to additional 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. 4 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. 0:\wdox\scclnes\0112\1005\MI1NICIPAL\ 00180620 .DOC/rmc RESOLVED this 28th day of January, 2010. ATTEST: SARA L. WHITE, City Secretary 2 ALAN MCGRAW, Mayor City of Round Rock, Texas AMENDMENT NO. 4 TO INTERLOCAL AGREEMENT REGARDING FINAL DESIGN SERVICES FOR REGIONAL WATER SYSTEM THIS AMENDMENT NO. 4 TO INTERLOCAL AGREEMENT REGARDING FINAL DESIGN SERVICES FOR REGIONAL WATER SYSTEM ("Amendment No. 4") 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. 4 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, and Amendment No. 2 entered into by the aforesaid cities on or about December 4, 2008, and Amendment No. 3 entered into by the aforesaid cities on or about May 28, 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 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 4 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 4, 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 4 attached hereto, including Design Payments previously made, is set forth below: 1) Round Rock $ 3,751,768.79 2) Leander $ 4,489,284.68 3) Cedar Park $ 1,243,544.54 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 4 Cost Allocation Percentages Exhibit B Project Schedule V. Exhibit A, Revision 4 is attached to this Amendment 4. [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: 5 EXHIBIT "A", REVISION 4 ALLOCATION OF COSTS Initial Final ! Supplemental Capacity Cost Design i Contract No.2 I Supplemental Supplemental Phase/Segment (MGD) Allocation Costs Costs J -Contract No.3 Costs; Contract No.4 Costs Raw Water System and Barge Cedar Park 15 Leander 50 Round Rock , 40.8 Total 105.8 14.18% 47.26% 38.56% 100.00% $310,835.00 i $62,925.73 $1,035,971.00 $209,722.87 $845,261.00 $171,115.40 $2,192,067.00 1 $443,764.00 Water Treatment Plant Cedar Park i 15 14.18% $369,644.00 Leander 50 47.26% $1,231,974.00 j Round Rock 40.8 38.56% $1,005,182.00 $47,285.05 $157,594.62 $128,583.33 $333,463.00 $120,628.27 I $135,249.40 $402,037.51 j $450,767.78 Amended Final Design Costs $23,628.42 $444,674.20 $78,750.28 $1,482,038.77 _.. $64,253.30 $1,209,213.03 $166,632.00 $3,135,926.00 NA $625,521.67 Total 105.8 100.00% $2,606,800.00 $328,027.22 1 $367,786.82 $850,693.00 j $953,804.00 NA $2,084,779.29 NA $1,700,996.04 NA 64,411,297.00 Transmission Line Segments Segment 1 -r-- Cedar Park 15 14.18% $166,463.00 i $6,885.67 i NA Leander 50 47.26% $554,800.00 $22,948.98 I NA Round Rock 40.8 38.56% $452,668.00 j $18,724.35 1 NA Total 105.8 100.00% $1,173,931.00 F 648,559.00 1 NA Segment 2C Cedar Park Leander 38 0% $0 j $0 $0 NA NA NA NA 48.22% $302,610.00 $602.75 j $31,875.35 Round Rock 40.8 51.78% $324,951.00 I $647.25 i $34,228.65 } $10,340.47 Total 78.8 100.00% $627,561.00 $1,250.00 $66,104.00 ; $19,970.00 $9,629.53 Allocation of Costs Cedar Park Leander Round Rock Total $173,348.67 $577,748.98 $471,392.35 $1,222,490.00 25% Payment Cedar Park Leander Round Rock $846,942.00 $190,439.67 $182,534.45 $3,125,355.00 ` $635,312.11 $640,237.75 $2,628,062.00 $518,514.22 $530,598.80 $6,600,359.00 $1,344,266.00 Initial $211,735.69 $781,338.56 $657,015.50 $23,628.42 $88,379.82 $74,593.77 $1,353,371.00 $186,602.00 $0 $344,717.63 $370,167.37 $714,885.00 $1,243,544.54 $4,489,284.68 $3,751,768.79 $9,484,598.00 Amended $310,886.13 $1,122,321.17 $937,942.20 DATE: January 21, 2010 SUBJECT: City Council Meeting—January 28, 2010 ITEM: 10E2. Consider a resolution authorizing the Mayor to execute Amendment No. 4 to the Interlocal Agreement with the Cities of Cedar Park and Leander regarding Final Design Services for the Regional Water System Project. Department: Staff Person: Justification: Water and Wastewater Utilities Michael Thane, P.E., Director of Utilities This Amendment No. 4 revises the allocation of costs due to additional design services for the Regional Water Supply System. The additional design services for Treated Water Line Segment 2c1 and Segment 2c2 are necessary to combine the two segments into one project. K. Friese & Associates fee for these services is $19,970, as identified in their Supplemental Agreement No. 4. The transmission water line, Segment 2c cost are allocated based on each City's reserved capacity of that particular line segment, Round Rock 51.78% ($10,340.47), Cedar Park 0%, and Leander 48.22% ($9,629.53). This Amendment No. 4 also includes the additional services to the Raw Water Barge and Pipeline project. Jacobs Engineering will provide these services, as outlined in their Supplemental Agreement No. 4. The cost for these services is $ 166,632 which is allocated to the Cities based on their capacity in the pipeline, Round Rock 38.56% ($64,253.30), Cedar Park 14.18% ($23,628.42), and Leander 47.26% ($78,750.28). Strategic Plan Relevance: Public Health and Safety Strategic Initiative Goal No. 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: N/A EXECUTED DOCUMENT FOLLOWS AMENDMENT NO. 4 TO INTERLOCAL AGREEMENT REGARDING FINAL DESIGN SERVICES FOR REGIONAL WATER SYSTEM THIS AMENDMENT NO. 4 TO INTERLOCAL AGREEMENT REGARDING FINAL DESIGN SERVICES FOR REGIONAL WATER SYSTEM ("Amendment No. 4") 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. 4 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, and Amendment No. 2 entered into by the aforesaid cities on or about December 4, 2008, and Amendment No. 3 entered into by the aforesaid cities on or about May 28, 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 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 4 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 4, 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 4 attached hereto, including Design Payments previously made, is set forth below: 1) Round Rock $ 3,751,768.79 2) Leander $ 4,489,284.68 3) Cedar Park $ 1,243,544.54 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 4 Cost Allocation Percentages Exhibit B Project Schedule V. Exhibit A, Revision 4 is attached to this Amendment 4. [SIGNATURES ON FOLLOWING PAGES] 2 ATTEST: Sa444/1/. Sara L. White, City Secretary CITY OF ROUND ROCK: By: y Alan McGraw, Mayor Date: I.20• ( v 3 CITY OF CEDAR PARK: ATTEST: By: LeAnn Quinn, City Secretary Ln-Dl-z�-f040 Date: 4 Bob mon, Mayor /% /) ATT .ST: I -ha) 41 De:.ie Haile, City Secretary 11,-10 --o(- 21°)- CITY OF LEANDER: By: Date: 5 John Cowman, Mayor EXHIBIT "A", REVISION 4 ALLOCATION OF COSTS Initial Final Supplemental Amended Capacity Cost Design Contract No.2 Supplemental Supplemental Final Design Costs Costs Phase/Segment (MGD) Allocation Costs Contract No.3 Costs Contract No.4 Costs Raw Water System and Barge Cedar Park 15 14.18% S310,835.00 $62,925.73 $47,285.05 $23,628.42 $444,674.20 Leander 50 47.26% $1,035,971.00 $209,722.87 $157,594.62 $78,750.28 $1,482,038.77 Round Rock, 40.8 38.56% $845,261.00 $171,115.40 $128583.33 $64,253.30 $1,209213.03 Total 105.8 100.00% $2,192,067.00 $443,764.00 $333,463.00 $166,632.00 $3,135,926.00 Water Treatment Plant Cedar Park 15 Leander 50 Round Rock 40.8 Total 105.8 14.18% $369,644.00 $120,628.27 $135,249.40 NA $625,521.67 47.26% $1,231,974.00 $402,037.51 $450,767.78 , NA S2,084,779.29 38.56% $1,005,182.00 $328,027.22 $367,786.82 NA $1,700,996.04 100.00% $2,606,800.00 ' $850,693.00 $953,804.00 NA $4,411,297.00 Transmission Line Segments Segment 1 Cedar Park 15 14.18% $166,463.00 $6,885.67 NA NA $173,348.67 Leander 50 47 26% $554,800 00 $22,948 98 NA NA $577,748.98 Round Rock 40.8 38.56% $452,668 00 $18,724.35 NA NA $471,392.35 .,. Total 105.8 100.00% $1,173,931.00 $48,559.00 NA NA $1,222,490.00 . -,— Segment 2C Cedar Park 0 0% $0 $0 $0 $0 $0 Leander 38 48.22% $302,610.00 $602.75 $31,875.35 $9,629.53 $344717.63 Round Rock 40.8 51.78% $324,951 00 $647.25 $34,228.65 $10,340.47 $370,167.37 Total 78.8 100.00% $627,561.00 $1,250.00 $66,104.00 ' $19,970.00 $714,885.00 Allocation of Costs Cedar Park $846,942.00 $190,439.67 $182,534.45 $23,628.42 $1,243,544.54 Leander $3,125,355.00 $635,312.11 $640,237.75 $88,379.82 $4,489,284.68 Round Rock $2,628062.00 $518,514.22 $530,598.80 $74,593.77 $3,751,768.79 Total $6,600,359.00 $1,344,266.00 $1,353,371.00 $186,602.00 $9,484,598.00 25% Payment Initial Amended Cedar Park $211,735.69 $310,886.13 Leander $781,338.56 $1,122,321.17 Round Rock $657,015.50 $937,942.20