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BCRUA_R-16-12-14-6A RESOLUTION NO. R-16-12-14-6A WHEREAS, the Brushy Creek Regional Utility Authority, Inc. ("BCRUA") has previously entered into an Interlocal Agreement ("Agreement") with the Cities of Round Rock, Cedar Park and Leander regarding Use of Construction Cost Savings from Phase IA of the BCRUA Regional Water Treatment and Distribution Project, and WHEREAS, the BCRUA now desires to enter into Amendment No. 1 to the Agreement, Now Therefore BE IT RESOLVED BY THE BRUSHY CREEK REGIONAL UTILITY AUTHORITY, That the Board President is hereby authorized and directed to execute on behalf of the BCRUA Amendment No. 1 to the Interlocal Agreement Regarding Use of Construction Cost Savings from Phase IA of the BCRUA Regional Water Treatment and Distribution Project, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The Board 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 December, 2016. AUX, Pmeident XPL IIJ i t r— &&ZO VI C�' Brushy Creek Regional Utility Authority A Von Abruzzese, cr 2\BCRUAtBoard Packets\Packet Documentst016i12142016\Rcs BCRUA-Amendment No Ito ILA-BCRUA Regional Water Treatment and Distribution Project(00369000xA08178)doc AMENDMENT NO. 1 TO THE 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 AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT REGARDING USE OF CONSTRUCTION COST SAVINGS FROM PHASE 1A OF THE BCRUA REGIONAL WATER TREATMENT AND DISTRIBUTION PROJECT ("Amendment No. 1") 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 or about the 20th day of October, 2010 the Parties entered into that one certain Interlocal Agreement Regarding Use of Construction Cost Savings From Phase lA of the BCRUA Regional Water Treatment and Distribution Project (the "ILA"), for the purpose of setting forth the terms and conditions for the expenditure of cost savings from Phase IA towards other items and projects; and WHEREAS, the Parties wish to amend the ILA to add items to the list of approved expenditures, Now Therefore, the parties hereby agree as follows: I. 1.1 Section 2.01 of the ILA is hereby amended to read as follows: 2.01 The cost savings reflected in the Amended Exhibit D may be used by the Cities only for the projects and purposes as set forth in more detail on the Amended Exhibit A, attached hereto and incorporated herein for all purposes. II. 2.1 To the extent necessary to effect the terms and provisions of this Amendment No. 1, the ILA is hereby amended and modified. In all other respects, the aforesaid ILA is hereby ratified and confirmed. 2.2 This Amendment No. 1 may be executed in counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument. IN WITNESS WHEREOF, the parties hereto acting under authority of thel espective g ming bodies have caused this Amendment No. 1 to be effective as of the%7 day of a tn4-w,r , 201 (r. SIGNATURES APPEAR ON FOLLOWING PAGES. 2 CITY OF ROUND ROCK: ATTEST: (�� � QAk By: ap ` Sara White, City Secx y�f4 /y— Alan McGraw, Mayor Date: ( 12 • �" CITY OF CEDAR PARK: ATTEST: By: LeAnn Quinn, City Secretary Matthew Powell, Mayor Date: —0 4 CITY OF LEANDER: ATTEST: J)DIM CfOH A—L-�L' B ' Dara Crabtree, City Secretary Christoph Fielder, Mayor Date: 5 1 Or LE 0 s RCROA Ammdmmt No.1 13CRUA Regimal\Vater Trmtmmt and Distributim Project BRUSHY CREEK REGIONAL UTILITY AUTHORITY B Y• —. nt 1?1-is 1-4-14- 7 e(c( V or Attest: By: Kon Abruzzes , Sec ry 6 Amended Exhibit A BCRUA Regional Water Project Use of Construction Cost Savings from Phase 1A Updated:December 14,2016 CONSTRUCTED ESTIMATED CEDAR PARK FCEDAR PARK LEANDER LEANDER ROUND ROCK ROUND ROCK DESCRIPTION CAPACITY(MGD) COST RESERVED COST RESERVED COST RESERVED COST CAPACITY % CAPACITY % CAPACITY PHASE 2-DEEP WATER INTAKE&RAW WATERLINE Planning/PreliminaryPlanning/Preliminary Engineering $ 8,160,038 28.96 $ 2,279,671 42.85 $ 3,521,484 28.19 $ 2,358,884 Land Acquisition $ 3,356,474 28.96 $ 972,035 42.85 $ 1,438,249 28.19 $ 946,190 Property Right Acquisitions&Monitoring $ 3,000,000 28.96 $ 868,800 42.85 $ 1,285,500 2819 $ 845,700 Local Planning&Zoning $ 250,000 28.96 $ 72,400 4285 $ 107 125 2819 $ 70 475 Contingency $ 883,488 28.96 $ 255,858 42.85 $ 378,575 2819 $ 249.055 PHASE 2-DEEP WATER INTAKE&RAW WATERLINE SUB-TOTAL $ 15,660,000 $ 4,448,764 $ 6,730,932 $ 4,470,30 Cost Allocation Percentages 28.43% 43.01% 28.56% PHASE 1A-WATER TREATMENT PLANT CONSTRUCTION Legal&Litigation Costs $ 5,512,000 18.42 1$ 1,015,310 47.06 1 $ 2,593,947 34.52 $ 1,902,742 PHASE 1A-WATER TREATMENT PLANT CONSTRUCTION SUB-TOTAL 1 $ 5,512,000 1 1$ 1,015 310 1 J$ 2,593,947 $ 1,902,742 Cost Allocation Percentages 18.42%1 1 47.06%1 34.52% PHASE 1B-WATER TREATMENT PLANT RE-RATING WTP Re-Rate $ 150,000 1 26.67 $ 40,005 1 46.66 $ 69,990 26.67 $ 40,005 PHASE 1B-WATER TREATMENT PLANT RE-RATING SUB-TOTAL $ 150,000 $ 40,005 1 1$ 69,990 1 1 $ 40,005 Cost Allocation Percentages 26.67%1 1 46.66%1 1 26.67% PHASE 1C-WATER TREATMENT PLANT EXPANSION TWDB Funding Consultant $ 46,200 1 26.67 $ 12,322 46.66 1$ 21,557 1 26.67 1$ 12,322 Design Engineenng $ 1,815,000 26.67 $ 484,061 46.66 1$ 846,879 1 26.67 $ 484,061 PHASE IC-WATER TREATMENT PLANT EXPANSION SUB-TOTAL $ 1,861,200 $ 496,382 $ 868,436 $ 496 382 Cost Allocation Percentages 26.67%1 1 46.66% 26.67% SEGMENT 2A&2B TRANSMISSION LINES Segments 2A&2B LCRA Overhead Leander $ 1,106,793 $ $ 1.106,793 $ Segments 2A&2B-Take Points Leander $ 300,000 $ $ 300,000 1 $ SEGMENT 2A&2B TRANSMISSION LINES SUB-TOTAL $ 1,406,793 $ $ 1,406,793 $ LEANDER RESERVE FUND Reserve Funding $ 6,184,000 $ $ 6 184.000 $ LEANDER RESERVE FUND SUB-TOTAL $ 6,184,000 $ $ 6,184,000 1 1 $ BCRUA RE-ALLOCATED PHASE 1A CONSTRUCTION SAVINGS $ 30,763,993 1 J $ 6,000,461 1 J$ 17,854,098 F I $ 6,909,433