R-10-10-14-9F5 - 10/14/2010RESOLUTION NO. R -10-10-14-9F5
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, the City of Cedar Park, and the City of Leander to set forth
the terms and conditions for the expenditure of construction cost savings from Phase 1A of the
BCRUA Regional Water Treatment and Distribution 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 Regarding Use of Construction Cost Savings From Phase 1A of the BCRUA Regional
Water Treatment and Distribution Project with the Brushy Creek Regional Utility Authority, 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 14th day of October, 2010.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Secretary
0:\wdox\SCC1nts\0112\1005\MUNICIPAL\00204432.DOC/rmc
INTERLOCAL AGREEMENT REGARDING USE OF CONSTRUCTION COST
SAVINGS FROM PHASE 1A OF THE BCRUA REGIONAL
WATER TREATMENT AND DISTRIBUTION PROJECT
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON
THIS INTERLOCAL AGREEMENT REGARDING USE OF CONSTRUCTION
COST SAVINGS FROM PHASE IA OF THE BCRUA REGIONAL WATER
TREATMENT AND DISTRIBUTION PROJECT ("Agreement") is entered into between
the Brushy Creek Regional Utility Authority ("BCRUA"), 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"). In this
Agreement, BCRUA, Round Rock, Cedar Park and Leander are sometimes individually referred
to as "Party" and collectively referred to as "Parties". In this Agreement, Round Rock, Cedar
Park and Leander are sometimes collectively referred to as "Cities."
Recitals
WHEREAS, on the 2nd day of September, 2008 the Parties entered into that one certain
Master Contract for the Financing, Construction and Operation of the BCRUA Regional Water
Treatment and Distribution Project (the "Contract"), that provides terms and conditions for the
financing, construction and operation of the first phase of the new regional system consisting
generally of upgrades to Cedar Park's raw water intake, a raw water intake line, new water
treatment plant, and water transmission mains; and
WHEREAS, Exhibit D to the Contract sets out the estimated cost of the components of
the Project, the allocation of said costs among the Cities, and the Cities' reserved capacity in the
Project components; and
WHEREAS, since the date of the Contract, several of the construction projects shown on
Exhibit D have been bid and the bids have been significantly below the original estimates and
there is new information available that has resulted in reducing the estimated cost of other
projects; and
WHEREAS, on the day of , the Parties entered into that one certain
Second Amendment to the Master Contract for the Financing, Construction and Operation of the
BCRUA Regional Water Treatment and Distribution Project ("Second Amendment") for the
purpose of approving an updated Exhibit D to reflect the reductions in actual costs, as well as
future estimated costs, such updated Exhibit D being renamed "Exhibit D, BCRUA Regional
Water Project, Capacity and Cost Allocation, Phase 1A, Amended: October 20, 2010," referred
to herein as the "Amended Exhibit D"; and
00204921. DOC
EXHIBIT
„A„
WHEREAS, the aforesaid reduction in costs reflected on the Revised Exhibit D results
in a significant amount of money being available to spend towards items and projects in addition
to those specifically listed in the original Exhibit D; and
WHEREAS, the purpose of this Agreement is to set forth the terms and conditions for
the expenditure of said cost savings by the Parties towards other items and projects Now
Therefore, the parties hereby agree as follows:
I.
DEFINITIONS
1.01 All terms used herein shall have the meanings assigned to them in the Contract, unless
the context clearly requires otherwise.
II.
USE OF COST SAVINGS
2.01 The cost savings reflected in the Revised Exhibit D may be used by the Cities only for
the projects and purposes as set forth in more detail on Exhibit A, attached hereto and
incorporated herein for all purposes.
III.
GENERAL PROVISIONS
3.01 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.
3.02 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 shall not be affected and this Agreement shall be construed as if the
invalid portion had never been contained herein.
3.03 Payments from Current Revenues. Any payments required to be made by a Party under
this Agreement shall be paid from current revenues or other funds lawfully available to the Party
for such purpose.
3.04 Cooperation. The Parties agree to cooperate at all times in good faith to effectuate the
purposes and intent of this Agreement.
3.05 Entire Agreement. Except as otherwise expressly provided herein, this Agreement
contains the entire agreement of the Parties regarding the use of construction cost savings from
Phase 1A of the BCRUA regional treatment and distribution project 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 Regional Project are
contemplated and shall not be affected or limited by this Agreement.
2
3.06 Amendments. Any amendment of this Agreement must be in writing and shall be
effective if signed by the authorized representatives of the Parties.
3.07 Applicable Law; Venue. This Agreement shall be construed in accordance with Texas
law. Venue for any action arising hereunder shall be in Williamson County, Texas.
3.08 Notices. Any notices given under this Agreement shall be effective if (i) forwarded to a
Party by hand -delivery; (ii) transmitted to a Party by confirmed telecopy; or (iii) deposited with
the U.S. Postal Service, postage prepaid, certified, to the address of the Party indicated below:
CEDAR PARK:
with copy to:
ROUND ROCK:
with copy to:
Leander:
3
600 North Bell Blvd.
Cedar Park, Texas 78613
Attn: Brenda Eivens
Telephone: (512) 401-5020
Facsimile: (512) 401-5021
Email: roberts@ci.cedar-park.tx.us
Charles Rowland
600 N. Bell Blvd.
Cedar Park, Texas 78768
Telephone: (512)
Facsimile: (512)
Email: Charles.Rowland@cedarparktx.us
221 East Main
Round Rock, Texas 78664
Attn: Jim Nuse
Telephone: (512) 218-5410
Facsimile:(512) 218-7097
Email: jnuse@round-rock.tx.us
Steve Sheets
309 E. Main Street
Round Rock, Texas 78664-5264
Telephone: (512) 255-8877
Facsimile: (512) 255-8986
Email: slsheets@sheets-crossfield.com
P.O. Box 319
Leander, Texas 78646-0319
Attn: Wayne Watts
Telephone: (512) 259-1178
Facsimile: (512) 259-1605
Email: w.watts@ci.leander.tx.us
with copy to: Barney Knight
Austin, Texas 78752
Telephone: (512) 323-5778
Telecopy: (512) 323-5773
Email: attorneys a,cityattorneytexas.com
3.09 Force Majeure. Parties shall not be deemed in violation of this Contract if prevented
from performing any of their obligations hereunder by reasons for which they are not responsible
or 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.
3.10 Counterparts. Effect of Partial Execution. This Agreement may be executed
simultaneously in multiple counterparts, each of which shall be deemed an original, but all of
which shall constitute the same instrument.
3.11 Authority. Each Party represents and warrants that it has the full right, power and
authority to execute this Agreement.
SIGNATURES APPEAR ON FOLLOWING PAGES.
4
ATTEST:
Sara White, City Secretary
CITY OF ROUND ROCK:
By:
Date:
Alan McGraw, Mayor
ATTEST:
LeAnn Quinn, City Secretary
CITY OF CEDAR PARK:
By:
Date:
Bob Lemon, Mayor
ATTEST:
Debbie Haile, City Secretary
CITY OF LEANDER:
By:
Date:
John Cowman, Mayor
BRUSHY CREEK REGIONAL UTILITY
AUTHORITY
By:
Mitch Fuller, President
Attest:
By:
John Cowman, Secretary
8
ROUND ROCK
COST
PHASE II -DEEP WATER INTAKE
$ 202,440
$ 136,753
$ 172,740
$ 950,070
$ 2,159,250
$ 3,621,253
Cost Allocation Percentages 1 1 1 1 26.89%I 1 43.91%1 1 29.20%
PHASE 1B -WATER TREATMENT PLANT RE -RATING
WTP Re -Rating (Filters 1-5) 1 1 $ 500,000 1 26.67 $ 133,350 1 46.66 f $ 233,300 1 26.67 1 $ 133,350
$ 133,350
26.67%
SEGMENT 2A & 28 TRANSMISSION LINES- LCRA OVERHEAD
Segments 2A & 2B - LCRA Overhead (New Hope Water Line) 1,106,793 $ I $ 1,106,793 $
SEGMENT 2A & 2B- LCRA OVERHEAD SUB -TOTAL { $ 1,106,793 1 I $ _ 1 $ 1,106,793 I $
LEANDER RESERVE FUND
$ 6,184,000 1 1 $ $ 6,184,000 $
6,184,000 _$ $ 6,184,000 $
UN -ALLOCATED CONSTRUCTION SAVINGS BALANCE
Un -Allocated Construction Savings Balance 1 $ 10,099,175 $ 262,221 $ 1,357,239 $ 8,479,132
UN -ALLOCATED CONSTRUCTION SAVINGS BALANCE SUB -TOTAL $ 10,099,175 $ 262,221 $ 1,357,239 $ 8,479,132
BCRUA RE -ALLOCATED PHASE 1A CONSTRUCTION SAVINGS 1 1 $ 30,289,968 J 1 $ 3,729,704 1 1 $ 14,325,947 1 1 $ 12,233,735
Note: The Construction Savings identified herein are from the Amended Master Contract Exhibit D dated September 2010.
ROUND ROCK
RESERVED
CAPACITY (%)
38.56
28.79
al Of
N N
co cci
N N
28.79
O o
0 40
M 10
M CD
M a
N
19
LEANDER
COST
$ 248,115
$ 207,860
$ 262,560
$ 1,444,080
$ 3,282,000
$ 5,444,615
LEANDER
RESERVED
CAPACITY (%)
47.26
43.76
43.76
43.76
43.76
CEDAR PARK
COST
$ 74,445
$ 130,388
$ 164,700
$ 905,850
$ 2,058,750
$ 3,334,133
$ 133,350
26.67%
CEDAR PARK
RESERVED
CAPACITY (%)
14.18
27.45
27.45
27.45
N
ESTIMATED
COST
$ 525,000
$ 475,000
$ 600,000
$ 3,300,000
$ 7,500,000
L$ 12,400,000
$ 500,000
CONSTRUCTED
CAPACITY (MGD)
DESCRIPTION
Deep Water Preliminary Engineering (Completed)
Deep Water Preliminary Engineering
Deep Water Due Diligence Study
Deep Water Site Purchase
Easements (Assumes Worst Case -Site 4)
PHASE II -DEEP WATER INTAKE SUB -TOTAL
PHASE 1B -WATER TREATMENT PLANT RE -RATING
Cost Allocation Percentages
Reserve Funding
LEANDER RESERVE FUND SUB TOTAL__
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
Agenda Item No. 9F5.
City Council Agenda Summary Sheet
Agenda Caption:
Consider a resolution authorizing the Mayor to execute an Interlocal Agreement regarding
Use of Construction Cost Savings from Phase 1A of the BCRUA Regional Water Treatment
and Distribution Project with the Brushy Creek Regional Utility Authority (BCRUA) and the
Cities of Cedar Park and Leander.
Meeting Date: October 14, 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 the Master Contract for the Brushy Creek Regional Utility Authority (BCRUA) was
necessary to revise the actual cost necessary to complete Phase 1A of the regional water project. There
are six construction contracts to be awarded as part of Phase 1A. Five of these projects have already
awarded construction contracts to the lowest responsible bidder. Because these construction contracts
are coming in lower than the construction cost estimate that was included in Exhibit D of the Master
Contract, the BCRUA is updating Exhibit D to show these construction cost savings. To date, the BCRUA
has saved $30,389,968 in cost for the five projects that have been recently awarded or are under
construction.
This Interlocal Agreement between the BCRUA and the Cities of Round Rock, Cedar Park, and Leander is to
set forth the terms and conditions for expenditure of the cost savings. The expenditure of the savings as
presented in Exhibit A to this Interlocal Agreement is proposed to be used for Phase 2 Deep Water Intake
preliminary engineering and analysis as well as intake site and easement acquisition. In addition, savings
are proposed to be used for Phase 1B of the Water Treatment Plant, Segment 2A and 2B costs, and for
funding the Leander Reserve Fund. Prior to being able to spend these savings for the proposed uses, it will
require approval from the Texas Water Development Board.
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
EXECUTED
DOCUMENT
FOLLOWS
INTERLOCAL AGREEMENT REGARDING USE OF CONSTRUCTION COST
SAVINGS FROM PHASE lA OF THE BCRUA REGIONAL
WATER TREATMENT AND DISTRIBUTION PROJECT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
KNOW ALL BY THESE PRESENTS:
THIS INTERLOCAL AGREEMENT REGARDING USE OF CONSTRUCTION
COST SAVINGS FROM PHASE 1A OF THE BCRUA REGIONAL WATER
TREATMENT AND DISTRIBUTION PROJECT ("Agreement") is entered into between
the Brushy Creek Regional Utility Authority ("BCRUA"), 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"). In this
Agreement, BCRUA, Round Rock, Cedar Park and Leander are sometimes individually referred
to as "Party" and collectively referred to as "Parties". In this Agreement, Round Rock, Cedar
Park and Leander are sometimes collectively referred to as "Cities."
Recitals
WHEREAS, on the 2nd day of September, 2008 the Parties entered into that one certain
Master Contract for the Financing, Construction and Operation of the BCRUA Regional Water
Treatment and Distribution Project (the "Contract"), that provides terms and conditions for the
financing, construction and operation of the first phase of the new regional system consisting
generally of upgrades to Cedar Park's raw water intake, a raw water intake line, new water
treatment plant, and water transmission mains; and
WHEREAS, Exhibit D to the Contract sets out the estimated cost of the components of
the Project, the allocation of said costs among the Cities, and the Cities' reserved capacity in the
Project components; and
WHEREAS, since the date of the Contract, several of the construction projects shown on
Exhibit D have been bid and the bids have been significantly below the original estimates and
there is new information available that has resulted in reducing the estimated cost of other
projects; and
WHEREAS, on the 2 day of Q'i - the Parties entered into that one certain
Second Amendment to the Master Contract for the Financing, Construction and Operation of the
BCRUA Regional Water Treatment and Distribution Project ("Second Amendment") for the
purpose of approving an updated Exhibit D to reflect the reductions in actual costs, as well as
future estimated costs, such updated Exhibit D being renamed "Exhibit D, BCRUA Regional
Water Project, Capacity and Cost Allocation, Phase 1A, Amended: October 20, 2010," referred
to herein as the "Amended Exhibit D"; and
g -cu -co-r
00204921. DOC
WHEREAS, the aforesaid reduction in costs reflected on the Revised Exhibit D results
in a significant amount of money being available to spend towards items and projects in addition
to those specifically listed in the original Exhibit D; and
WHEREAS, the purpose of this Agreement is to set forth the terms and conditions for
the expenditure of said cost savings by the Parties towards other items and projects Now
Therefore, the parties hereby agree as follows:
I.
DEFINITIONS
1.01 All terms used herein shall have the meanings assigned to them in the Contract, unless
the context clearly requires otherwise.
II.
USE OF COST SAVINGS
2.01 The cost savings reflected in the Revised Exhibit D may be used by the Cities only for
the projects and purposes as set forth in more detail on Exhibit A, attached hereto and
incorporated herein for all purposes.
III.
GENERAL PROVISIONS
3.01 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.
3.02 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 shall not be affected and this Agreement shall be construed as if the
invalid portion had never been contained herein.
3.03 Payments from Current Revenues. Any payments required to be made by a Party under
this Agreement shall be paid from current revenues or other funds lawfully available to the Party
for such purpose.
3.04 Cooperation. The Parties agree to cooperate at all times in good faith to effectuate the
purposes and intent of this Agreement.
3.05 Entire Agreement. Except as otherwise expressly provided herein, this Agreement
contains the entire agreement of the Parties regarding the use of construction cost savings from
Phase 1A of the BCRUA regional treatment and distribution project 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 Regional Project are
contemplated and shall not be affected or limited by this Agreement.
2
3.06 Amendments. Any amendment of this Agreement must be in writing and shall be
effective if signed by the authorized representatives of the Parties.
3.07 Applicable Law; Venue. This Agreement shall be construed in accordance with Texas
law. Venue for any action arising hereunder shall be in Williamson County, Texas.
3.08 Notices. Any notices given under this Agreement shall be effective if (i) forwarded to a
Party by hand -delivery; (ii) transmitted to a Party by confirmed telecopy; or (iii) deposited with
the U.S. Postal Service, postage prepaid, certified, to the address of the Party indicated below:
CEDAR PARK:
with copy to:
ROUND ROCK:
with copy to:
Leander:
3
600 North Bell Blvd.
Cedar Park, Texas 78613
Attn: Brenda Eivens
Telephone: (512) 401-5020
Facsimile: (512) 401-5021
Email: roberts@ci.cedar-park.tx.us
Charles Rowland
600 N. Bell Blvd.
Cedar Park, Texas 78768
Telephone: (512)
Facsimile: (512)
Email: Charles.Rowland@cedarparktx.us
221 East Main
Round Rock, Texas 78664
Attn: Jim Nuse
Telephone: (512) 218-5410
Facsimile:(512) 218-7097
Email: jnuse@round-rock.tx.us
Steve Sheets
309 E. Main Street
Round Rock, Texas 78664-5264
Telephone: (512) 255-8877
Facsimile: (512) 255-8986
Email: slsheets@sheets-crossfield.com
P.O. Box 319
Leander, Texas 78646-0319
Attn: Wayne Watts
Telephone: (512) 259-1178
Facsimile: (512) 259-1605
Email: w.watts@ci.leander.tx.us
with copy to: Barney Knight
Austin, Texas 78752
Telephone: (512) 323-5778
Telecopy: (512) 323-5773
Email: attorneys(Zi cityattorneytexas.com
3.09 Force Majeure. Parties shall not be deemed in violation of this Contract if prevented
from performing any of their obligations hereunder by reasons for which they are not responsible
or 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.
3.10 Counterparts. Effect of Partial Execution. This Agreement may be executed
simultaneously in multiple counterparts, each of which shall be deemed an original, but all of
which shall constitute the same instrument.
3.11 Authority. Each Party represents and warrants that it has the full right, power and
authority to execute this Agreement.
SIGNATURES APPEAR ON FOLLOWING PAGES.
4
ATTEST:
ca/044.. tx.QAtt
CITY OF ROUND ROCK:
By:
Sara White, City Secretary Alan McGraw, Mayor
)11
Date: 10 U)
%L' /% -4F 3 5
ATTEST:
LeAnn Quinn, City Secretary
CITY OF CEDAR PARK:
By:
Date:
6
Bob Lemon, ayor
/0 -')/ -tom
ATTEST:
Debbie aile, City Secretary
CITY OF LEANDER:
By:
Date:
7
n Cowman, Ma or
:6/7 /
BRUSHY CREEK REGIONAL UTILITY
AUTHORITY
8
hn Cowman, Secretary
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