R-10-07-22-10D2 - 7/22/2010RESOLUTION NO. R -10-07-22-10D2
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. 2 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. 2 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.
RESOLVED this 22nd day of July, 2010.
rh/L___.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
gieMitA v Otter.
SARA L. WHITE, City Secretary
O:\wdox\SCC1nts\0112\1005\MUNICIPAL\00197347.DOC/rmc
AMENDMENT NO. 2 TO
INTERLOCAL AGREEMENT REGARDING
DUE DILIGENCE SERVICES FOR THE DEEP WATER INTAKE SITE
THIS AMENDMENT NO. 2 TO INTERLOCAL AGREEMENT REGARDING
DUE DILIGENCE SERVICES FOR THE DEEP WATER INTAKE SITE ("Amendment
No. 2") 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. 2 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, and Amendment
No. 1 entered into by the aforesaid cities on or about November 12, 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 2
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 2, 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) Each Party's Due Diligence Payment, based on the Due
Diligence Costs set forth in Exhibit "A", Revision 2 attached hereto, is set forth below:
1) Round Rock $125,304.45
2) Leander $190,459.27
3) Cedar Park $119,472.28
00195893.DOC
IV.
Except as specifically provided in this Amendment No. 2, the terms of the Interlocal
Agreement and Amendment No. 1 continue to govern the rights and obligations of the parties,
and all terns of the Interlocal Agreement and Amendment No. 1 remain in full force and effect.
If there is any conflict or inconsistency between this Amendment No. 2 and the Interlocal
Agreement and/or Amendment No. 1, this Amendment No. 2 will control and modify the
Interlocal Agreement and Amendment No. 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:
4
ATTEST:
Debbie Haile, City Secretary
CITY OF LEANDER:
By:
John Cowman, Mayor
Date:
5
Exhibit "A" Revision 2
Cost Allocation
Phase/Segment
Capacity
(MGD)
Cost Allocation
Initial Final
Design
Costs
- Supplemental
Contract No.1
Costs
Supplemental
Contract No. 2
Costs
Amended
Final Design
Costs
Due Diligence Allocation of Costs
Cedar Park
38.9
27.45%
$63,060.61
$9,607.50
$46,804.17
$119,472.28
Leander
62.0
43.76%
$100,529.41
$15,316.00
$74,613.86
$190,459.27
Round Rock
40.8
28.79%
$66,138.98
$10,076.50
$49,088.97
$125,304.45
Total
141.7
100.00%
$229,729.00
$35,000.00
$170,507.00
$435,236.00
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
Agenda Item No. 10D2.
City Council Agenda Summary Sheet
Agenda Caption:
Consider a resolution authorizing the Mayor to execute Amendment No. 2 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.
Meeting Date: July 22, 2010
Department: Infrastructure Development and Construction Management
Staff Person making presentation: Michael Thane, P.E.
Director of Infrastructure Management
Item Summary:
Amendment No. 2 to this Interlocal Agreement between Round Rock, Cedar Park, and Leander is for the additional
engineering services to be performed by Jacobs Engineering Group, Inc. (Jacobs) for the Brushy Creek Regional
Utility Authority (BCRUA) Regional Water Project. These additional services are necessary to continue the due
diligence analysis to identify a site for the BCRUA Phase 2 Deep Water Intake, Pump Station, and Pipeline. Jacobs'
fee for these additional services is $170,507. This amendment 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; Round Rock 28.79%
($49,088.97), Cedar Park 27.45% ($46,804.17), and Leander 43.76% ($74,613.86).
Strategic Plan Relevance:
Goal 27.0 "Ensure there is an adequate, affordable and safe water supply."
Cost:
Source of Funds:
N/A
N/A
Date of Public Hearing (if required): N/A
Recommended Action: Approval of Resolution
AMENDMENT NO. 2 TO
INTERLOCAL AGREEMENT REGARDING
DUE DILIGENCE SERVICES FOR THE DEEP WATER INTAKE SITE
THIS AMENDMENT NO. 2 TO INTERLOCAL AGREEMENT REGARDING
DUE DILIGENCE SERVICES FOR THE DEEP WATER INTAKE SITE ("Amendment
No. 2") 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. 2 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, and Amendment
No. 1 entered into by the aforesaid cities on or about November 12, 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 2
attached hereto
IL
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 2, attached hereto.
III.
Section 4.02 (aXi) 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) Each Party's Due Diligence Payment, based on the Due
Diligence Costs set forth in Exhibit "A", Revision 2 attached hereto, is set forth below:
1) Round Rock $125,304.45
2) Leander $190,459.27
3) Cedar Park $119,472.28
00195893.DOC
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IV.
Except as specifically provided in this Amendment No. 2, the terms of the Interlocal
Agreement and Amendment No. 1 continue to govern the rights and obligations of the parties,
and all terns of the Interlocal Agreement and Amendment No. 1 remain in full force and effect.
If there is any conflict or inconsistency between this Amendment No. 2 and the Interlocal
Agreement and/or Amendment No. 1, this Amendment No. 2 will control and modify the
Interlocal Agreement and Amendment No. 1.
[SIGNATURES ON FOLLOWING PAGES]
2
CITY OF ROUND ROCK:
ATTEST:
&44411/—•By: )1/1/4,—.
Sara L. White, City Secretary Alan McGraw, Mayor
Date:
3
ATTEST:
LeAnn Quinn, City Secretary
�Z-
to- DI -22,-
CITY OF CEDAR PARK:
By:
Bob Lemon, Mayor
Date:
4
ATTEST:
Debbie Haile, City Secretary
12.40 -01 -22 -101X2 -
CITY OF LEANDER:
By:
John Cowman, Mayor
Date:
5
Exhibit "A" Revision 2
Cost Allocation
Phase/Segment
Capacity
(MGD)
Cost Allocation
Initial Anal
Design
Costs
Supplemental
Contract No.1
Costs
Supplemental
Contract No. 2
Costs
Amended
Final Design
Costs
Due Diligence Allocation of Costs
Cedar Park
38.9
27.45%
$63,060.61
$9,607.50
$46,804.17
$119,472.28
Leander
62.0
43.76%
$100,529.41
$15,316.00
$74,613.86
$190,459.27
Round Rock
40.8
28.79%
$66,138.98
$10,076.50
$49,088.97
$125,304.45
Total
141.7
100.00%
$229,729.00
$35,000.00
$170,507.00
$435,236.00