R-10-03-25-10D2 - 3/25/2010RESOLUTION NO. R -10-03-25-10D2
WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A.,
authorizes local governments and agencies of the state to enter into
agreements with one another to perform governmental functions and
services, and
WHEREAS, the City of Round Rock wishes to enter into an
Interlocal Agreement with the Brushy Creek Regional Utility
Authority Regarding Construction Administrative Services for the
Regional Water Project, 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 an Interlocal Agreement with the Brushy Creek
Regional Utility Authority, 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 25th day of March, 2010.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
VOL. bate
SARA L. WHITE, City Secretary
0:\wdox\SCClnts\0112\1005\MUNICIPAL\00186529.DOC/nnc
INTERLOCAL AGREEMENT REGARDING
REGIONAL WATER PROJECT
CONSTRUCTION ADMINISTRATIVE SERVICES
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
§
§
§
KNOW ALL BY THESE PRESENTS:
THIS INTERLOCAL AGREEMENT REGARDING REGIONAL WATER
PROJECT CONSTRUCTION ADMINISTRATIVE SERVICES (the "Agreement") is
entered into on this the day of , 2010 by and between the BRUSHY
CREEK REGIONAL UTILITY AUTHORITY, a Texas local government corporation, whose
offices are located at 221 East Main Street, Round Rock, Texas 78664-5299 ("BCRUA"), and
the CITY OF ROUND ROCK, TEXAS, a Texas home -rule city, whose offices are located at 221
East Main Street, Round Rock, Texas 78664-5299 ("Round Rock"). In this Agreement, BCRUA
and Round Rock are sometimes individually referred to as a "Party" and collectively referred to
as the "Parties."
RECITALS
WHEREAS, BCRUA will need the services of a skilled and experienced construction
administrator to perform certain necessary construction administrative services on behalf of the
Regional Water Project; and
WHEREAS, the purpose of this Agreement is to set forth the tern's and conditions under
which BCRUA will contract with Round Rock for provision of such person; and
WHEREAS, BCRUA and Round Rock wish to document their agreement concerning
the requirements and respective obligations of the Parties:
NOW, THEREFORE, in consideration of the foregoing premises and the mutual
promises and agreements of the Parties contained in this Agreement, the Parties agree as follows:
I.
DEFINITIONS
When used in this Agreement, capitalized terms not otherwise defined shall have the
meanings set forth below:
1.01 "Agreement" means this "Interlocal Agreement Regarding Regional Water Project
Construction Administrative Services."
1.02 "BCRUA" means the Brushy Creek Regional Utility Authority.
1.03 "BCRUA System Project" means the collection of projects making up the current
undertaking, to be on-going simultaneously in various stages and at various construction sites
until approximately 2012.
00184660/jkg
0140.4634
1
EXHIBIT
Ile
1.04 "Construction Administrative Costs" means all costs and expenses to be paid by
BCRUA to Round Rock for the services of the construction administrator.
1.05 "Cost Allocation Percentages" mean the percentage of costs to be paid to BCRUA by
BCRUA's member cities for the services of certain personnel, such percentages being delineated
on the Master Contract, Exhibit D entitled `BCRUA Project Capacity and Cost Allocation,
Updated July 23, 2008."
1.06 "Effective Date" means the last date of execution of this Agreement by the Parties,
provided that both Parties must execute this Agreement for it to be effective.
1.07 "Master Contract" means the Master Contract for the Financing, Construction and
Operation of the BCRUA Regional Water Treatment and Distribution Project, dated September
2, 2008, and its attached exhibits, such Master Contract made by and between BCRUA, the City
of Cedar Park, the City of Leander, and the City of Round Rock, Texas.
1.08 "Party" or "Parties" means the City of Round Rock and/or BCRUA, as applicable.
1.09 "Regional Water Project" means the regional water supply system which is intended to
provide an additional 105.8 million gallons per day of potable water supply to meet future water
demands of BCRUA member cities, based on projected population growth, as more fully
delineated in the Preliminary Engineering Report (the "PER").
1.10 "Round Rock" means the City of Round Rock, Texas.
II.
GENERAL MANAGER
2.01 Provision of Construction Administrator; Required Services
(A) Round Rock agrees to provide to BCRUA one (1) of Round Rock's employees,
mutually acceptable to the Parties, to serve as construction administrator.
(B) Such person designated to deliver construction administrative services will
provide certain services to BCRUA in that capacity, such services being further delineated in
Exhibit "A" attached hereto and incorporated herein by reference for all purposes.
2.02 Access to Work Product
BCRUA and/or any of BCRUA's member cities shall be entitled to copies of any work
product produced by the referenced person in connection with his services. The entity requesting
such information shall pay all reasonable costs incurred in preparing and furnishing the copies.
III.
PAYMENT FOR CONSTRUCTION ADMINISTRATIVE SERVICES
3.01 All costs for construction administrative services shall be paid by BCRUA to Round
Rock from funds appropriated in a budget approved by the cities, as amended, in accordance
2
with this Article. BCRUA shall seek reimbursement from its member cities in accordance with
the budget and Exhibit D of the Master Contract, which exhibit is entitled `BCRUA Project
Capacity and Cost Allocation, Updated July 23, 2008."
3.02 Round Rock shall administer the compensation and other benefits paid to the referenced
person, who shall be treated as an employee of Round Rock. Each calendar quarter, Round Rock
shall submit an invoice to BCRUA indicating the compensation, benefits, and all other
associated costs paid by Round Rock to or on behalf of the referenced person. Following receipt
of invoice, BCRUA shall forward its payment to Round Rock within thirty (30) business days of
such receipt of invoice.
IV.
GENERAL PROVISIONS
4.01 Authority. This Agreement is made in part under the authority conferred in Chapter 791,
Texas Government Code and Section 402.001, Texas Local Government Code.
4.02 Severability. The provisions of this Agreement are severable and, if any provision of this
Agreement is held to be invalid for any reason by a court or agency of competent jurisdiction, the
remainder of this Agreement will not be affected and this Agreement will be construed as if the
invalid portion had never been contained herein.
4.03 Payments from Current Revenues. Any payments required to be made by a Party under
this Agreement will be paid from current revenues or other funds lawfully available to the Party
for such purpose.
4.04 Cooperation. The Parties agree to cooperate at all times in good faith to effectuate the
purposes and intent of this Agreement.
4.05 Entire Agreement. Except as otherwise expressly provided herein, this Agreement
contains the entire agreement of the Parties regarding payment by the BCRUA to Round Rock
for services of the referenced person, and supersedes all prior or contemporaneous
understandings or representations, whether oral or written, regarding the subject matter. The
Parties confirm that further agreements regarding the BCRUA System Project are contemplated
and will not be affected or limited by this Agreement.
4.06 Amendments. Any amendment of this Agreement must be in writing and will be
effective if signed by the authorized representatives of the Parties.
4.07 Applicable Law; Venue. This Agreement will be construed in accordance with Texas
law. Venue for any action arising hereunder will be in Williamson County, Texas.
4.08 Notices. Any notices given under this Agreement will be effective if (i) forwarded to the
other Party by hand -delivery; (ii) transmitted to the other Party by confirmed telecopy; or (iii)
deposited with the U.S. Postal Service, postage prepaid, certified, to the address of the Party
indicated below:
3
ROUND ROCK:
with a copy to:
221 East Main Street
Round Rock, Texas 78664
Attn: James R. Nuse, P.E.
Telephone: (512) 218-5410
Facsimile:(512) 218-7097
Email: jnuse@round-rock.tx.us
Stephan L. Sheets
309 East Main Street
Round Rock, Texas 78664-5264
Telephone: (512) 255-8877
Facsimile: (512) 255-8986
Email: slsheets@sheets-crossfield.com
BCRUA: 221 East Main Street
Round Rock, Texas 78664
Attn: Chris Lippe
Telephone: (512) 218-6617
Facsimile: (512) 218-3242
Email: clippe@bcrua.org
4.09 Force Majeure. Parties shall not be deemed in violation of this Agreement if prevented
from performing any of their obligations hereunder by reasons for which they are not responsible
or due to circumstances beyond their control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
4.10 Counterparts. This Agreement may be executed simultaneously in multiple
counterparts, each of which will be deemed an original, but all of which will constitute the same
instrument.
4.11 Authority. Each Party represents and warrants that it has the full right, power and
authority to execute this Agreement.
[Signatures appear on the following page]
4
CITY OF ROUND ROCK, TEXAS
By:
Printed Name:
Title:
Date Signed:
FOR CITY, ATTEST:
By:
Sara L. White, City Secretary
FOR CITY, APPROVED AS TO FORM:
By:
Stephan L. Sheets, City Attorney
BRUSHY CREEK REGIONAL UTILITY AUTHORITY
By:
Printed Name:
Title:
Date Signed:
FOR BCRUA, ATTEST:
By:
John Cowman, Secretary
EXHIBIT "A"
SERVICES TO BE PROVIDED AND PERFORMED
BY CONSTRUCTION ADMINISTRATOR
By Jeff Bell, or successor to the same position:
1. Oversee, manage, coordinate, inspect and review all activities associated with the
construction of the four BCRUA Water System Improvement Projects. The projects are
being constructed under six separate construction contracts.
2. Attend construction progress meetings for each of the projects.
3. Assist and serve as the PCM's "eyes in the field."
4. Assist the PCM with construction coordination between the BCRUA's Third Party
Construction Inspectors and the Construction Contractors.
5. Review Inspectors' Daily Reports.
6. Approve Inspectors' monthly Pay Requests.
6
DATE: March 18, 2010
SUBJECT: City Council Meeting — March 25, 2010
ITEM: 10D2. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement
with the Brushy Creek Regional Utility Authority regarding Regional Water
Project Construction Administrative Services.
Department:
Staff Person:
Justification:
Water and Wastewater Utilities
Michael Thane, P.E., Director of Utilities
The Brushy Creek Regional Utility Authority (BCRUA) needs the services of skilled and experienced
construction administrator to perform certain necessary construction administrative services on behalf
of the Regional Water Project. This agreement sets forth the terms and conditions under which the
BCRUA will contract with Round Rock for provision of such personnel. Round Rock agrees to provide to
BCRUA one of Round Rock's employees to serve as construction administrator. All costs for construction
administrative services shall be paid by BCRUA to Round Rock according to the cost allocation outlined
in the Master Contract between the BCRUA and the three Cities.
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:
Brushy Creek Regional Utility Authority
City of Cedar Park
City of Leander
Public Comment:
N/A
EXECUTED
DOCUMENT
FOLLOWS
INTERLOCAL AGREEMENT REGARDING
REGIONAL WATER PROJECT
CONSTRUCTION ADMINISTRATIVE SERVICES
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
KNOW ALL BY THESE PRESENTS:
THIS INTERLOCAL AGREEMENT REGARDING REGIONAL WATER
PROJECT CONSTRUcTIJON AD INIS RATIVE SERVICES (the "Agreement") is
entered into on this the 7. '►► ""day of WI , 2010 by and between the BRUSHY
CREEK REGIONAL UTILITY AUTHORITY, a Texas local government corporation, whose
offices are located at 221 East Main Street, Round Rock, Texas 78664-5299 ("BCRUA"), and
the CITY OF ROUND ROCK, TEXAS, a Texas home -rule city, whose offices are located at 221
East Main Street, Round Rock, Texas 78664-5299 ("Round Rock"). In this Agreement, BCRUA
and Round Rock are sometimes individually referred to as a "Party" and collectively referred to
as the "Parties."
RECITALS
WHEREAS, BCRUA will need the services of a skilled and experienced construction
administrator to perform certain necessary construction administrative services on behalf of the
Regional Water Project; and
WHEREAS, the purpose of this Agreement is to set forth the terms and conditions under
which BCRUA will contract with Round Rock for provision of such person; and
WHEREAS, BCRUA and Round Rock wish to document their agreement concerning
the requirements and respective obligations of the Parties:
NOW, THEREFORE, in consideration of the foregoing premises and the mutual
promises and agreements of the Parties contained in this Agreement, the Parties agree as follows:
I.
DEFINITIONS
When used in this Agreement, capitalized terms not otherwise defined shall have the
meanings set forth below:
1.01 "Agreement" means this "Interlocal Agreement Regarding Regional Water Project
Construction Administrative Services."
1.02 "BCRUA" means the Brushy Creek Regional Utility Authority.
1.03 "BCRUA System Project" means the collection of projects making up the current
undertaking, to be on-going simultaneously in various stages and at various construction sites
until approximately 2012.
00184660/jkg
0140.4634
12 --to
1.04 "Construction Administrative Costs" means all costs and expenses to be paid by
BCRUA to Round Rock for the services of the construction administrator.
1.05 "Cost Allocation Percentages" mean the percentage of costs to be paid to BCRUA by
BCRUA's member cities for the services of certain personnel, such percentages being delineated
on the Master Contract, Exhibit D entitled "BCRUA Project Capacity and Cost Allocation,
Updated July 23, 2008."
1.06 "Effective Date" means the last date of execution of this Agreement by the Parties,
provided that both Parties must execute this Agreement for it to be effective.
1.07 "Master Contract" means the Master Contract for the Financing, Construction and
Operation of the BCRUA Regional Water Treatment and Distribution Project, dated September
2, 2008, and its attached exhibits, such Master Contract made by and between BCRUA, the City
of Cedar Park, the City of Leander, and the City of Round Rock, Texas.
1.08 "Party" or "Parties" means the City of Round Rock and/or BCRUA, as applicable.
1.09 "Regional Water Project" means the regional water supply system which is intended to
provide an additional 105.8 million gallons per day of potable water supply to meet future water
demands of BCRUA member cities, based on projected population growth, as more fully
delineated in the Preliminary Engineering Report (the "PER").
1.10 "Round Rock" means the City of Round Rock, Texas.
II.
GENERAL MANAGER
2.01 Provision of Construction Administrator; Required Services
(A) Round Rock agrees to provide to BCRUA one (1) of Round Rock's employees,
mutually acceptable to the Parties, to serve as construction administrator.
(B) Such person designated to deliver construction administrative services will
provide certain services to BCRUA in that capacity, such services being further delineated in
Exhibit "A" attached hereto and incorporated herein by reference for all purposes.
2.02 Access to Work Product
BCRUA and/or any of BCRUA's member cities shall be entitled to copies of any work
product produced by the referenced person in connection with his services. The entity requesting
such information shall pay all reasonable costs incurred in preparing and furnishing the copies.
III.
PAYMENT FOR CONSTRUCTION ADMINISTRATIVE SERVICES
3.01 All costs for construction administrative services shall be paid by BCRUA to Round
Rock from funds appropriated in a budget approved by the cities, as amended, in accordance
2
with this Article. BCRUA shall seek reimbursement from its member cities in accordance with
the budget and Exhibit D of the Master Contract, which exhibit is entitled `BCRUA Project
Capacity and Cost Allocation, Updated July 23, 2008."
3.02 Round Rock shall administer the compensation and other benefits paid to the referenced
person, who shall be treated as an employee of Round Rock. Each calendar quarter, Round Rock
shall submit an invoice to BCRUA indicating the compensation, benefits, and all other
associated costs paid by Round Rock to or on behalf of the referenced person. Following receipt
of invoice, BCRUA shall forward its payment to Round Rock within thirty (30) business days of
such receipt of invoice.
IV.
GENERAL PROVISIONS
4.01 Authority. This Agreement is made in part under the authority conferred in Chapter 791,
Texas Government Code and Section 402.001, Texas Local Government Code.
4.02 Severability. The provisions of this Agreement are severable and, if any provision of this
Agreement is held to be invalid for any reason by a court or agency of competent jurisdiction, the
remainder of this Agreement will not be affected and this Agreement will be construed as if the
invalid portion had never been contained herein.
4.03 Payments from Current Revenues. Any payments required to be made by a Party under
this Agreement will be paid from current revenues or other funds lawfully available to the Party
for such purpose.
4.04 Cooperation. The Parties agree to cooperate at all times in good faith to effectuate the
purposes and intent of this Agreement.
4.05 Entire Agreement. Except as otherwise expressly provided herein, this Agreement
contains the entire agreement of the Parties regarding payment by the BCRUA to Round Rock
for services of the referenced person, and supersedes all prior or contemporaneous
understandings or representations, whether oral or written, regarding the subject matter. The
Parties confirm that further agreements regarding the BCRUA System Project are contemplated
and will not be affected or limited by this Agreement.
4.06 Amendments. Any amendment of this Agreement must be in writing and will be
effective if signed by the authorized representatives of the Parties.
4.07 Applicable Law; Venue. This Agreement will be construed in accordance with Texas
law. Venue for any action arising hereunder will be in Williamson County, Texas.
4.08 Notices. Any notices given under this Agreement will be effective if (i) forwarded to the
other Party by hand -delivery; (ii) transmitted to the other Party by confirmed telecopy; or (iii)
deposited with the U.S. Postal Service, postage prepaid, certified, to the address of the Party
indicated below:
3
ROUND ROCK:
with a copy to:
BCRUA:
221 East Main Street
Round Rock, Texas 78664
Attn: James R. Nuse, P.E.
Telephone: (512) 218-5410
Facsimile:(512) 218-7097
Email: jnuse@round-rock.tx.us
Stephan L. Sheets
309 East Main Street
Round Rock, Texas 78664-5264
Telephone: (512) 255-8877
Facsimile: (512) 255-8986
Email: slsheets@sheets-crossfield.com
221 East Main Street
Round Rock, Texas 78664
Attn: Chris Lippe
Telephone: (512) 218-6617
Facsimile: (512) 218-3242
Email: clippe@bcrua.org
4.09 Force Majeure. Parties shall not be deemed in violation of this Agreement if prevented
from performing any of their obligations hereunder by reasons for which they are not responsible
or due to circumstances beyond their control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
4.10 Counterparts. This Agreement may be executed simultaneously in multiple
counterparts, each of which will be deemed an original, but all of which will constitute the same
instrument.
4.11 Authority. Each Party represents and warrants that it has the full right, power and
authority to execute this Agreement.
[Signatures appear on the following page]
4
CITY OF ROU ROCK, T XAS
By:
Printed Name:
Title:
Date Signed:
Ylez,
lo
FOR CITY, ATTEST:
By:
Sara L. White, City Secretary
FOR CITY, A ' PROVED AS TO FORM:
By:
Stepha L. Sheets, City Attorney
BRUSHY CREEK REGIONAL UTILITY AUTHORITY
By:
Printed Na
e:
Title: r rs
Date Signed:
FOR BC
By:
Act,,:J a pe -c, i)
UA ATTEST:
Cowman, Secretary
EXHIBIT "A"
SERVICES TO BE PROVIDED AND PERFORMED
BY CONSTRUCTION ADMINISTRATOR
By Jeff Bell, or successor to the same position:
1. Oversee, manage, coordinate, inspect and review all activities associated with the
construction of the four BCRUA Water System Improvement Projects. The projects are
being constructed under six separate construction contracts.
2. Attend construction progress meetings for each of the projects.
3. Assist and serve as the PCM's "eyes in the field."
4. Assist the PCM with construction coordination between the BCRUA's Third Party
Construction Inspectors and the Construction Contractors.
5. Review Inspectors' Daily Reports.
6. Approve Inspectors' monthly Pay Requests.
6