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R-13-07-11-F6 - 7/11/2013RESOLUTION NO. R -13-07-11-F6 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. 5 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. 5 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. RESOLVED this 1 lth day of July, 2013. ATTEST: 9114 10;(1 SARA L. WHITE, City Clerk O:\wdox\SCCInts\0112\ 1304\MUNICIPAL\00277914. DOC/rmc ALAN MCGRAW, Mayor City of Round Rock, Texas AMENDMENT NO. 5 TO INTERLOCAL AGREEMENT REGARDING FINAL DESIGN SERVICES FOR REGIONAL WATER SYSTEM EXHIBIT !,A„ THIS AMENDMENT NO. 5 TO INTERLOCAL AGREEMENT REGARDING FINAL DESIGN SERVICES FOR REGIONAL WATER SYSTEM ("Amendment No. 5") 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. 5 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, and Amendment No. 4 entered into by the aforesaid cities on or about January 28, 2010. 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 5 attached hereto II. Section 4.02 (a) is amended to read as follows: 4.02 Payment of Final Design Costs. (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 5, 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 Oawdox\SCClnts\0199W 622-151CONTRACT\00277076.DOC 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 5 attached hereto, including Design Payments previously made, is set forth below: 1) Round Rock $4,734,281.81 2) Leander $5,664,220.96 3) Cedar Park $1,568,308.23 1V. 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 5 Allocation of Costs V. Exhibit "A", Revision 5 is attached to this Amendment 5. [SIGNATURES ON FOLLOWING PAGES] 2 ATTEST: Sara L. White, City Clerk 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: Chris Fielder, Mayor Date: EXHIBIT "A", REVISION 5 ALLOCATION OF COSTS Phase/Segment Capacity (MGD) Cost Allocation Initial Final Design Costs Supplemental Contract No. 1 Costs Supplemental Contract No.2 Costs Supplemental Contract No.3 Costs Supplemental Contract NoA Costs Amended Final Design Costs Raw Water System and Barge Cedar Park 15 14.18% $172,444.68 $310,835.00 $62,925.73 $47,285.05 $23,628.42 $617,118.88 Leander 50 47.26% $574,734.53 $1,035,971.00 $209,722.87 $157,594.62 $78,750.28 $2,056,773.30 Round Roc! 40.8 38.56% $468,932.79 $845,261.00 $171,115.40 $128,583.33 $64,253.30 $1,678,145.82 Total 105.8 100.00% $1,216,112.00 $2,192,067.00 $443,764.00 $333,463.00 $166,832.00 $4,352,038.00 Water Treatment Plant Cedar Park 15 14.18% $99,701.28 $369,644.00 $120,628.27 $135,249.40 $22,667.44 $747,890.39 Leander 50 47.26% $332,290.73 $1,231,974.00 $402,037.51 $450,767.78 $75,547.47 $2,492,617.49 Round Roc! 40.8 38.56% $271,119.99 $1,005,182.00 $328,027.22 $367,786.82 $61,640.09 $2,033,758.12 Total 105.8 100.00% $703,112.00 $2,608,800.00 $850,693.00 $953,804.00 $169,855.00 $5,274,264.00 Transmission Line Segments Segment 1 Cedar Park 15 14.18% $29,950.29 $186,463.00 $6,885.67 NA NA $203,298.96 Leander 50 47.26% $99,820.21 $554,800.00 $22,948.98 NA NA $677,569.19 Round Roc! 40.8 38.56% $81,444.50 $452,668.00 $18,724.35 NA NA $552,836.85 Total 105.8 100.00% $211,215.00 $1,173,931.00 $48,559.00 NA NA $1,433,705.00 Segment 2C Cedar Park 0 0% $0 $0 $0 $0 $0 $0 Leander 38 48.22% $92,543.34 $302,610.00 $602.75 $31,875.35 $9,629.53 $437,260.98 Round Rod 40.8 51.78% $99,375.66 $324,951.00 $647.25 $34,228.65 $10,340.47 $469,543.02 Total 78.8 100.00% $191,919.00 $627,561.00 $1,250.00 $66,104.00 $19,970.00 $906,804.00 Allocation of Costs Cedar Park $302,096.25 $846,942.00 $190,439.67 $182,534.45 $46,295:86 $1,568,308.23 Leander $1,099,388.81 $3.125,355.00 $635,312.11 $840,237.75 $163,927.29 $5,884,220.96 Round Rock $920,872.94 $2,628,062.00 $518,514.22 $530,598.80 $136,233.88 $4,734,281.81 Total $2,322,358.00 $6,600,359.00 $1,344,266.00 $1,363,371.00 $346,457.00, $11,968,811.00 ROUND ROCK, TEXAS Hama R1810R P2OSPE mr City of Round Rock Agenda Item Summary Agenda Number: F.6 Title: Consider a resolution authorizing the Mayor to execute Amendment No. 5 to the Interlocal Agreement with the Cities of Cedar Park and Leander regarding Final Design Services for the Regional Water System Project. Type: Resolution Governing Body: City Council Agenda Date: 7/11/2013 Dept Director: Michael Thane, Director of Utilities and Environmental Services Cost: $159,855.00 Indexes: Regional Water Fund Attachments: Resolution, Exhibit A Text of Legislative File 13-497 This Amendment No. 5 revises the allocation of costs due to additional design services for the Brushy Creek Regional Utility Authority (BCRUA) - Water Treatment Plant. CDM Smith's fee for these additional services is $159,855, as identified in their Supplemental Agreement No. 4 which was approved by the City Council on May 23, 2013. This Interlocal Agreement outlines the Water Treatment Plant cost that Cedar Park, Leander, and Round Rock are responsible for, which is allocated based on each City's ultimate capacity in the Water Treatment Plant: Capacity Percentage Cost Round Rock 38.56% $61,640.09 Cedar Park 14.18% $22,667.44 Leander 47.26% $74,547.47 Although the BCRUA has not issued a final acceptance of the treatment plant, the plant is in operation and treating between 4 to 5 million gallons per day. Cedar Park and Leander are taking treated water at this time. It is anticipated that Round Rock will not take water from the regional system until around 2016. This project meets the City's objectives of "Invest in City infrastructure to support future community growth and economic development." as identified in the 2013 Strategic Plan. Cost:$159,855.00 Source of Funds:Regional Water Fund Staff recommends approval. City of Round Rock Page 1 Printed on 7/5/2013 EXECUTED ORIGINAL DOCUMENT FOLLOW AMENDMENT NO. 5 TO INTERLOCAL AGREEMENT REGARDING FINAL DESIGN SERVICES FOR REGIONAL WATER SYSTEM THIS AMENDMENT NO. 5 TO INTERLOCAL AGREEMENT REGARDING FINAL DESIGN SERVICES FOR REGIONAL WATER SYSTEM ("Amendment No. 5") 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. 5 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, and Amendment No. 4 entered into by the aforesaid cities on or about January 28, 2010. 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 5 attached hereto II. Section 4.02 (a) is amended to read as follows: 4.02 Payment of Final Design Costs. (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 5, 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 O:\wdaxlSCClnt s\0199\4622.1ACONTRACT\00277076. DOC 0 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 5 attached hereto, including Design Payments previously made, is set forth below: 1) Round Rock $4,734,281.81 2) Leander $5,664,220.96 3) Cedar Park $1,568,308.23 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 5 Allocation of Costs V. Exhibit "A", Revision 5 is attached to this Amendment 5. [SIGNATURES ON FOLLOWING PAGES] 2 ATTEST: 0 CITY OF ROUND ROCK: By: m /« Sara L. White, City Clerk Alan McGraw, Mayor Date: " l l " 13 3 ATTEST: LeAnn Quinn, City Secretary CITY OF CEDAR PARK: By: Matthew Powell, Mayor Date: 1 ' Zz .7/34. /3. 7r.v� 0 2. A EST: , De. •ie Haile, City Secretary CITY OF LEANDER: hris Fielder, Mayor EXHIBIT "A", REVISION 5 ALLOCATION OF COSTS Phase/Segment Capacity (MGD) Cost Allocation initial Final Design Costs Supplemental Contract No. 1 Costs Supplemental Contract No.2 Costs Supplemental Contract No.3 Costs Supplemental Contract No.4 Costs Amended Final Design Costs Raw Water System and Barge Cedar Park 15 14.18% $172,444.68 $310,835.00 $62,925.73 $47,285.05 $23,628.42 $617,118.88 Leander 50 47.26% $574,734.53 $1,035,971.00 $209,722.87 $157,594.62 $78,750.28 52,056,773.30 Round Rock 40.8 38.56% $468,932.79 $845,261.00 5171,115.40 $128,563.33 564,253.30 $1,678,145.82 Total 105.8 100.00% 51,216,112.00 $2,192,067.00 $443,764.00 8333,463.00 $166,632.00 $4,352,038.00 Water Treatment Plant Cedar Park 15 14.18% $99,701.28 $369,644.00 5120,628.27 $135,249.40 522,067.44 $747,890.39 Leander 50 47.26% $332,290.73 $1,231,974.00 8402,037.51 $450,767.78 575,547.47 $2,492,617.49 Round Roc i 40.8 38.56% $271,119.99 51,005,182.00 5328,027.22 5367,766.82 581,640.09 $2,033,756.12 Total 105.8 100.00% 5703,112.00 $2,606,800.00 5850,693.00 5953,804.00 5159,855.00 $5,274,264.00 Transmission Line Segments Segment 1 Cedar Park 15 14.18% $29,950.29 5166,463.00 $6,885.67 NA NA 5203,298.96 Leander 50 47.26% 599,820.21 5554,800.00 $22,948.98 NA NA 5677,569.19 Round Roct 40.8 38.56% 581,444.50 5452,668.00 518,724.35 NA NA $552,836.85 Total 105.8 100.00% 5211,215.00 51,173,931.00 548,559.00 NA NA 51,433,705.00 Segment 2C Cedar Park 0 0% 50 50 50 50 50 50 Leander 38 48.22% $92,543.34 5302,610.00 $602.75 $31,875.35 $9,629.53 5437,260.98 Round Rocl 40.8 51.78% $99,375.66 $324,951.00 5847.25 $34,228.65 $10,340.47 8469,543.02 Total 78.8 100.00% 5191,919.00 8627,561.00 51,250.00 566,104.00 819,970.00 $906,804.00 Allocation of Costs Cedar Park 8302,096.25 $846,942.00 $190,439.87 $182,534.45 846,295.86 $1,568,308.23 Leander 51,099,388.81 $3,125,355.00 $635,312.11 8840,237.75 5183,927.29 55,664,220.96 Round Rock $920,872.04 $2,628,062.00 8518,514.22 $530,598.80 8136,233.86 $4,734,281.81 Total $2,322,358.00 $6,600,359.00 51,344,268.00 51,353,371.00 5346,451.00 511,966,811.00