R-94-03-24-13E - 3/24/1994in the course of negotiating major amendments to the Wastewater
Disposal Agreement and the project relationships described therein,
which may include, without limitation, the complete termination of
RESOLUTION NO. R-941-03- (2L1-/36
WHEREAS, the City of Austin ( "Austin ") , the City of Round
Rock ( "Round Rock ") and the Brushy Creek Water Control and
Improvement District No. 1 of Williamson And Milam Counties
( "Brushy Creek WCID ") previously entered into a certain "Wastewater
Disposal Agreement," as amended on or about January 30, 1989, that
sets forth terms and conditions for joint financing, construction,
operation and maintenance of a regional wastewater transportation
and treatment system ( "the Brushy Creek Regional Project "); and
WHEREAS, pursuant to the Wastewater Disposal Agreement, as
amended, the Brushy Creek WCID, acting as Project Manager,
previously advertised a Request for Qualifications (RFQ), and the
Brushy Creek Technical Committee, composed of members from Austin,
Round Rock and the Brushy Creek WCID, interviewed the respondent
engineering firms, and recommended HDR Engineering, Inc. ( "the
Engineer ") to perform design and construction phase engineering
services for the Regional Project; and
WHEREAS, pursuant to the recommendation of the Technical
Committee and the provisions of the Wastewater Disposal Agreement,
as amended, the Board of Directors of the Brushy Creek WCID
selected HDR Engineering, Inc. to perform design and construction
phase engineering services for the Regional Project; and
WHEREAS, Austin, Round Rock, and the Brushy Creek WCID are
KS/RESOLUTION
RS03244E
the Wastewater Disposal Agreement and the role of the Brushy Creek
WCID as Project Manager; and
WHEREAS, the parties acknowledge that the nature and
complexity of the contemplated amendments to or termination of the
Wastewater Disposal Agreement and project relationships will
require additional months of detailed study and negotiation to
complete; and
WHEREAS, Austin and Round Rock agree that it is necessary
and prudent to proceed with design phase engineering services for
the Regional Wastewater Treatment Plant component of the Brushy
Creek Regional Wastewater Project ( "the Treatment Plant ") prior to
the anticipated time for completion and execution of further
amendments to or termination of the Wastewater Disposal Agreement;
and
WHEREAS, the parties desire to set forth by interlocal
agreement terms and conditions for joint financing and procurement
of design phase engineering services for the Treatment Plant; 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 for Procurement and
Financing of Design Phase Engineering Services for Regional
Wastewater Treatment Plant with the City of Austin, a copy of said
Interlocal Agreement being attached hereto and incorporated herein
for all purposes.
2.
ATTEST:
RESOLVED this 24th day of March, 1994.
E LAND, City Secretary
3.
CHARLES CULPEPP /, Mayor
City of Round Rock, Texas
03/22/94 17:11 6512 255 8986 Sheets & Assoc. -.++ CITY OF RR e003/009
THE STATE OF TEXAS S INTERLOCAL AGREEHE
S AND FIEANCING OF DE
$ ENGINEERING SERVIC
THE COUNTY OF TRAVIS $ WASTEWATER TRBATD!$
THIS INTERLOCAL AGREEMENT is made and ant
between the CITY OF AUSTIN, TEXAS, a ho
corporation and political subdivision of t
('Austin ") and she CITY OF ROUND ROCK, also
cipal corporation and political subdivision
Texas.
WHEREAS, Austin, Round Rock and the Brushy Cr
and Improvement District No 1 of Williamson a
( "Brushy Creek WCID ") previously entered into
water Disposal Agreement," as amended on or a
1989, that Mete forth terms and conditions fo
construction, operation and maintenance of a re
transportation and treatment system ( "the Brue
Project ") intended to provide wastewater t
treatment services for an area comprised of app
acres in the Brushy Creek Watershed withi
corporate limits and /or extraterritorial juried
and Round Rock; and
WHEREAS, under the Wastewater Diapoeal Agree
the coat of constructing the Regional Project i
ly by Austin and Round Rock without contribut
Creek WCID; and
WHEREAS, pursuant to the Wastewater Diepoe
amended, the Brushy Creek WCID, acting as
previously advertieed a Request for pualifica
the Brushy Creek Technical Committee, composed
Austin, Round Rook and the Brushy Creek WCID,
respondent engineering firms, and recommended
Inc. ( "the Engineer ") to perform design and c
engineering services for the Regional Project;
WHEREAS, pursuant to the recommendation 0
Committee, and the provisions of the Was
Agreement, as amended, the Board of Director
Creek WCID selected HDR Engineering, Inc. to p
construction phase engineering services fo
Project; and
WHEREAS, the selection of the Engineer by Austi
the Brushy Creek WCID under the Wastewater D
was performed in accordance with the requirem
Government Code Chapter 2254.001, et. seq. a
with the usual and cuatomary processes employ
Round Rock for selection of professional engine
ID
L L fl
FOR PROCURamENT
IGN PHASE
FOR REGIONAL
PLANT
ed into by and
rule municipal
State of TeXaa
home rule muni-
of the State of
e k Water Control
d Milam Counties
certain "Waste -
out January 30,
joint financing,
tonal wastewater
y Creek Regional
aneportation and
oximately 60,000
the respective
ations of Austin
ent, as amended,
borne complete -
on by the Brushy
1 Agreement, as
Project Manager,
ions (RFO), and
of members from
interviewed the
HDR Engineering,
natruction phase
nd
the Technical
ewater Disposal
of the Brushy
rform design and
the Regional
, Round Rock and
eposal Agreement
me of V.T.C.A•
d in conformity
d by Austin and
re; and
03/22/94 17:11 $512 255 8986
WHEREAS, Austin, Round Rook, and the Brushy
the course of negotiating major amendments t
Disposal Agreement and the project relati
therein, which may include, without limitati
termination of the Wastewater Disposal Agreeme
the Brushy Creek WCID as Project Manager; and
WXRRRAS, the parties acknowledge that the natu a and compl.xity
of the contemplated amendments to or to ination of the
Wastewater Disposal Agreement and project elationehipe will
require additional months of detailed study and negotiation to
complete) and
WHEREAS, Austin and Round Rock agree that it is necessary and
prudent to proceed vith design phaee engineering services for
the Regional Wastewater Treatment Plant component O! the Brushy
Creek Regional Wastewater Project ( "the Treatmm,esnt Plant ") prior
to the anticipated time for completion and exebution of further
amendments to or termination of the Wastewater Disposal
Agreement; and
WH RBA8, the parties desire to set forth by interlocal agree-
ment terms and conditions for joint financing d procurement of
design phase engineering services for the Treat ent Plant;
NOW, THEREFORE, Austin and Round Rock hereby a ee as follows'
1• . Aust and
Round Rock acknowlege that the previous s lection of the
Engineer to perform design and construction p ase engineering
services was performed jointly by Austin, Ro nd Rock and the
Brushy Creek WCID in compliance with the requirements of
V.T.C.A. Government Code, Chapter 2254.001, et. seq. and in
accordance with the usual and customary proce•urea employed by
Austin and Round Rock for the selection of professional
engineers.
2. adoption of Se1pc',ion Processeg. Austi and Round Rock
hereby adopt and affirm the selection of HDR ngineering, Inc.
to perform design phaee engineering services or the Treatment
Plant and hereby adopt by reference, affirm and ratify all
information, analyses and processes leading to uch selection.
3.
,gerviceq. Subject to the provisions set fort in this Inter -
local Agreement, Austin agrees to engage the services of the
Engineer to perform the design phase engineer nq services for
the proposed Treatment Plant and Austin agrees to negotiate and
enter into an agreement for the performance of •uch professional
engineering services on such terms and conditions as Austin
shall determine to be favorable, necessary or squired. Austin
shall submit the proposed agreement for profess onal services to
Round Rock for review and approval whic shall not be
unreasonably withheld or delayed.
(Rev. 3/22/94)
Sheets & Assoc. » »-. CITY OF RR
-2-
reek WCID are in
the Wastewater
ships described
n, the complete
and the role of
• Z004 /0
03/22/94 17:12 $512 255 8988 Sheets & Assoc. 1-,-. CITY OF RR • 0 005/009
4. project.Descrietioa. The design phase engineering services
for the Regional Wastewater Treatment P1 nt ( "the Design
Project ") shall consist of those profeee onal engineering
services for the Treatment Plant describe in the Proposal
submitted by HDR Engineering, Inc. dated Jai ary 17, 1994, a
true copy of which is attached hereto as Exhi it "A" and made a
part hereof for all purposes. The parties a ree that the con-
tract for the Design Project shall include to mu and conditions
for preparation of a final design and s ecificatione for
construction of a Regional Wastewater Treatme t Plant having a
treatment capacity of at least 11.8 million gallons per day
(MD) (two new process trains of 3 MOD each lu■ incorporation
of 1.8 MOD of existing Round Rock Plant cepa ity into the new
plant). Ae more particularly described in xhibit "A ", the
Design Project shall include, without limits ion, the prepara-
tion of detailed plane and specifications fo construction of
the described Treatment Plant requested as wel ae geotechnical,
eurveying, and environmental services associated with design.
5. Proposed endmente to the
agreement for professional services involv g additions or
deletions to the scope of work for the Desig Project shall be
submitted to Round Rock for review and approval which shall not
be unreasonably withheld or delayed.
6. .. Austin agrees
that the contract with the Engineer shall provi•e for the rendi-
tion of monthly invoices to Austin with a co •y to Round Rock
depicting design phase engineering services re ered during each
monthly billing period, the date thereof, the •Orson performing
the services and the invoiced cost thereof.
7. payment for angineerieg eervicee. Austi agrees to make
timely payment to the the Engineer for the Dee gn Project based
upon the agreement for professional servic • entered into
between Austin and the Engineer, subject to A ■tin's right to
receive partial reimbursement from Round Rock i accordance with
the terms of this Agreement.
8. Partial Rei ibureement Prom R u_n�d Rocs. R•und Rock acknow-
ledges that Austin is contracting for the deli -n phase services
for the benefit of both Austin and Round Rock nd, accordingly,
Round Rock agrees to reimburse Austin for to proportionate
share of the total invoiced coat of the Deeig Project as set
forth below. On or before the award of a contr -ct for conetruc-
tion of the Treatment Plant based on the Desi n Project, Round
Rock agrees to reimburse Austin for sixty tour -er cent (64 %) of
the total invoiced cost of the Design Project based on the
proportion that the wastewater treatment cepa ity requested by
Round Rock bears to the total proposed capacity of the Treatment
Plant.
(Rev. 3/22/94)
-3-
03/22/94 17:13 12512 255 8986
Sheets & Assoc. -... CITY OF RR IJ0O6/009
Austin agrees that the payment from Round Ro k hereunder may,
upon the mutual agreement of the parties, t ke the form of a
credit against other agreed amounts determi d to be owed by
Austin to Round Rock for expenses associated ith the Regional
Project.
9. ., : . Austin
agrees to provide project management and contr at administration
services for the Design Project which shall include, without
limitation, communications with the Engine r concerning the
scope of work, clarification of questions conc ruing the Design
Project, provision of data needed to support he completion of
the scope of work, processing of approved addi ions or deletion.
to the scope of work, communication with the E gineer concerning
billing and payment mattere, general contract liason and over-
sight of the performance of the Design Projec , enforcement of
the terms of the Agreement for Professional 9 rvicea, maintain
master file of correspondence, minutes of co ferencee, repro-
ductions of contract documents, amendmen a, supplements,
addenda, reports, drawings, and all other rel• ed documents and
the performance of all other matters cuetomarll associated with
the management and administration of aimil -r agreements by
Austin.
10. General Provisions. The following general provisions shall
apply to this Agreements
(a) Int.r10 a1 Caopera *_ion. The parties a
with each other in good faith at all times t
purposes and intent of this Interlocal Agreemen
(b) Payment prom Current Revenuae. Fur
791, Tex. Gov't. Code, each party paying for
vices hereunder shall provide for payment of
revenues or other funds of maid party lawfu
this purpose.
(c) Zntire Aoreement. This Interlocal A
the entire agreement of the parties and euperse
contemporaneous understandings or representati
or written, respecting the subject matter hereo
and signed by the authorismf
ed representative for
(e) Interpretation and Authoritx. The pa
that this Agreement is entered into pursuant to
Texas law including, without limitation, the au
in V.T.C.A. Gov't. Code, Chapter 791 ( "Inter
Contracts "). In the event of any confl
provieione of this, Agreement and the pr
Wastewater Disposal Agreement or any other ogre
between the parties, the provisions of this
prevail with respect to the subject matter he
(Rev. 3/22/94)
-4-
ree to cooperate
effectuate the
uant to Chapter
overnmental ses-
ame from current
ly available for
reement contains
ea all prior and
ne, whether oral
t be in writing
all pertie..
ties acknowledge
the authority of
hority conferred
ocal Cooperation
ct between the
visions of the
ment made by and
Agreement shall
sof. Except as
03/22/94 17:13 '$512 255 8986
set forth above, this Agreement shall not
breach, modify, supplement or otherwise alter
any other agreement entered into by and betwee
Rock or Austin, Round Rook and the Brushy Cree
(f) applicable Law. This Agreement shall
and in accordance with the laws of the State o
(g) assignment. Neither party may assign
obligations under this Interlocal Agreement.
(h) Other Inat +an s. etipne. The par
that they will take such other and further a
and deliver such other and further consents,
instruments or document's as are necessary
effectuate the purposes of this Interlocal Agr
(i) Eg_Ilart_Zarly_lienefloieran Ex
provided above, nothing herein shall ever be c
upon any person other than the parties h
benefits or remedies under or by reason of this
(j)
shall not be construed in any form or manna
partnership, joint venture or agency, express
any employer - employee or borrowed servant rel
among the parties hereto.
(k) gores xaieure. If, by reason of F
hereinafter defined), any party shall be re
partially unable to carry out its obligat
Agreement, then such party shall give writte
particulars of suoh Force Majeure to the othe
within a reasonable time after the occurre
obligations of the party giving such notice
affected by such Force Majeure, shall be cusp
continuance of the inability claimed and for
and any such party shall in good faith exercise
to remove or overcome such inability.
The term "Force Majeure° as utilized h
and refer to acts of God; strikes lockouts or
disturbances; acts of public enemies; orders o
government of the United States, the State
other civil or military .authority; incur
epidemics; landslides; earthquakes; lightnin
canes, storms, floods, washouts, droughts
dieaaters; arrests; restraint of government a
disturbances; explosions; breakage or accide
pipelines or canal's; or other causes not reae
control of the party claiming such inability.
(1) yenue. venue for any suit arising here
Williamson or Travis County.
(Rev. 3/22/94)
-5-
Sheets & Assoc. -..-, CITY OF RR Z 07 /009
be construed to
the provisions of
Austin and Round
WCID.
e construed under
Texas.
their rights and
ice hereto agree
tione and execute
authorisationa,
or incidental to
ement.
ept as expressly
natrued to confer
reto any rights,
Agreement.
. This Agreement
to establish a
or implied, nor
tionehip by and
rce Majeure (as
dered wholly or
ions under this
notice of the
party or parties
ce thereof. The
to the extent
nded during the
o longer period,
its best efforts
rein shall mean
other industrial
any kind of the
f Texas, or any
actions; riots;
; fires ;. hurri-
✓ other natural
d people; civil
to to machinery,
nably within the
nder shall be in
03/22/94 17:14 $512 255 8986 Sheets & Assoc. ... CITY OF RR fdJO'08 /009
(m) DUSIISAISAIISISAll. This Agreement
simultaneously in duplicate originate each of e
(n) $ffective Date. This Agreement shall
and after the date of due execution hereof
representatives of Austin and Round Rock.
IN WITNESS WHEREOF, the authorized repres
parties have executed this Interlooal Agreeme
eet forth below.
ATTEST, CITY OF AUSTIN,
James E. Aldridge
City Clerk
City Secretary
(Rev. 3/22/94)
ey,
Navas
Title,
Dates
Sy,
Name,
Title,
Date.
-6-
APPROVED AS
ATIBSTs CITY OF ROUND R
may be executed
ual dignity.
e effective from
the authorized
tativee of the
on the date(.)
Assistant'. Attorney
R,
1 ‘A
%.c
03/22/94 17:14 $512 255 8988
JM / jmt
(Rev. 3/22/94)
Sheets & Assoc. y + CITY OF RR
-7-
APPROVED AB
City Attor
THE STATE OF TEXAS )
COUNTY OF TRAVIS )
THIS AGREEMENT was acknowledged before me on is, day of
, 1994 by
o t he C ty of Austin, Texas, a municipa c rporation, on
behalf of said municipal corporation.
Notary Public, Stat
of Texas
Typed /printed Name •f Notary
My Commission Expi :5$
THE STATE OF TEXAS )
)
COUNTY OP TRAVIS )
THIS AGREEMENT was acknowledged before me on t is _ day of
, 1994 by
of the City of Round Rock, Texas, a municipal c- rporation, on
behalf of said municipal corporation.
Notary Public, Stat = of Texas
Typed /Printed Name •f Notary
My Commission Expir=a:
fl 0'09 /009
• y
03/22/94 13:09 ROUND ROCK PUBLIC WORKS 4 512 255 6676
DATE: March 22, 1994
SUBJECT: City Council Meeting, March 24, 1994
ITEM: 13E. Consider a resolution authorizing the Mayor to execute an
interlocal government agreement with the City of Austin for
engineering services for the Wastewater Treatment Plant.
STAFF RESOURCE PERSON:
STAFF RECOMMENDATION:
Jim Nuse
In order to meet our schedule for the Wastewater Plant Expansion, Round Rock and
Austin are entering into design services with HDR Engineering. A copy of the agreement is
attached.
• NO. 5/4 P05
DIANA L GRANGER
CITYATrORNEY
CHARLES GRIFFITH III
MICHAEL J. COSENTTNO
DEPUTY CIT Y ATTORNEYS
BEVERLY J. LANDERS
SR SUPERVISING ATTORNEY
MITZI COTTON
SUSAN K. LEFLER
ROBERT P. ROSE
DANA K. JOHNSON
JOHN M. TRESNICKY
DAVID LLOYD
J. SAGE WHITE
E ELLIOTT MITCHELL
J MICHAEL ENGLISH
NANCY MATCHUS
BRAD NORTON
DAVID C. PETERSEN
JOHN .1 GREENE
PATRICK G. REHMET
MARTHA V. TERRY••
GAYE BREWER
SANDRA M. ZIMMERMAN
DONPLOEGER
SONNY HOOD
TAMARA L. KURTZ
JAMESM. WILUAMS
EDWARD DELABARRE
STEWART ROJO
CHESTER E BEAVER
DON STEELMAN
DENISE V. CHENEY"
HOLLY C. NOELKE^
VELVA L PRICE
J. CHRISTOPHER GEE
REYNOLDS MILLER SHELTON
ANITA TURNER
CONNIE ODE...
JEFFREY L MOORE
GAYLE R. POSEY
MOLLY SHANNON."
HAND- DELIVERED
April 15, 1994
FREDERICKA HAWKINS
TERESA A. BENKENSTEIN
RAMIRO LOPEZ
DEBORAH THOMAS JMT /jmt
LYDIA WRIGHTJOHNSEN
LINDA FREEMAN
cc: R. Goss
City of Austin
Founded by Congress, Republic of Texas, 1839
Stephan Sheets
Attorney at Law
309 E. Main St.
Round Rock, Texas 78664
SALLYGHENLY Re: Interlocal g
Agreement for Financing and Procurement of
RAUL CALDERON
JOHN T. GOODING.II Design Phase Engineering Services.
CYNTHIA J. HILL
CHARLESA BROTHERS Dear Mr. . Sheets:
WILLAN T. DENNE
S UPERVISING ATTORNEYS
Attached for execution by the authorized representatives of
the City of Round Rock are four (4) duplicate originals of
the above - captioned Interlocal Agreement for Financing and
Procurement of Design Phase Engineering Services that have
been executed by Austin's authorized representatives. Please
present all four (4) duplicate originals for execution by
Round Rock's authorized representatives.
Following execution by Round Rock's authorized representa-
tives, please return three (3) of the four (4) fully executed
duplicate originals to me and retain one (1) fully executed
duplicate original for your records.
Thank you for your assistance in bringing this matter to
final resolution.
Please let me know if you have any questions regarding the
above.
ncerely, / / //I
n M. Tresnicky
BETH L. FAGIN ,Assistant City Attorney
• Bo Mc, if dResdwdalad C. Lippe
CanmeR I Real Eswe Law
•• Board Certified Ad numsuurve law M. Erdmann
.•• Bowl Cemfied Civil 'NW Law
C. Brothers
G. Guthikonda
Department of Law, Norwood Tower, 114 West 7th Street, PO Box 1088
Austin, Texas 78767 -8828 • Telephone 512/499 -2268 • Fax #499 -2894
THE STATE OF TEXAS S
S
S
THE COUNTY OF TRAVIS S
�- q�- v3- ay�i3E
INTERLOCAL AGREEMENT FOR PROCUREMENT
AND FINANCING OF DESIGN PHASE
ENGINEERING SERVICES FOR REGIONAL
WASTEWATER TREATMENT PLANT
THIS INTERLOCAL AGREEMENT is made and entered into by and
between the CITY OF AUSTIN, TEXAS, a home rule municipal
corporation and political subdivision of the State of Texas
( "Austin ") and the CITY OF ROUND ROCK, also a home rule muni-
cipal corporation and political subdivision of the State of
Texas.
WHEREAS, Austin, Round Rock and the Brushy Creek Water Control
and Improvement District No. 1 of Williamson and Milam Counties
( "Brushy Creek WCID ") previously entered into a certain "Waste-
water Disposal Agreement," as amended on or about January 30,
1989, that sets forth terms and conditions for joint financing,
design, construction, operation and maintenance of a regional
wastewater transportation and treatment system ( "the Brushy
Creek Regional Project ") intended to provide wastewater
transportation and treatment services for an area comprised of
approximately 60,000 acres in the Brushy Creek Watershed within
the respective corporate limits and /or extraterritorial
jurisdictions of Austin and Round Rock; and
WHEREAS, under the Wastewater Disposal Agreement, as amended,
the cost of constructing the Regional Project is borne complete-
ly by Austin and Round Rock without contribution by the Brushy
Creek WCID; and
WHEREAS, pursuant to the Wastewater Disposal Agreement, as
amended, the Brushy Creek WCID, acting as Project Manager,
previously advertised a Request for Qualifications (RFQ), and
the Brushy Creek Technical Committee, composed of members from
Austin, Round Rock and the Brushy Creek WCID, interviewed the
respondent engineering firms, and recommended HDR Engineering,
Inc. ( "the Engineer ") to perform design and construction phase
engineering services for the Regional Project; and
WHEREAS, pursuant to the recommendation of the Technical
Committee and the provisions of the Wastewater Disposal
Agreement, as amended, the Board of Directors of the Brushy
Creek WCID selected HDR Engineering, Inc. to perform design and
construction phase engineering services for the Regional
Project; and
WHEREAS, the selection of the Engineer by Austin, Round Rock and
the Brushy Creek WCID under the Wastewater Disposal Agreement
was performed in accordance with the requirements of V.T.C.A.
Government Code Chapter 2254.001, et. seq. and in conformity
with the usual and customary processes employed by Austin and
Round Rock for selection of professional engineers; and
WHEREAS, Austin, Round Rock, and the Brushy Creek WCID are in
the course of negotiating major amendments to the Wastewater
Disposal Agreement and the project relationships - described
therein, which may include, without limitation, the complete
termination of the Wastewater Disposal Agreement and the role of
the Brushy Creek WCID as Project Manager; and
WHEREAS, the parties acknowledge that the nature and complexity
of the contemplated amendments to or termination of the
Wastewater Disposal Agreement and project relationships will
require additional months of detailed study and negotiation to
complete; and
WHEREAS, Austin and Round Rock agree that it is necessary and
prudent to proceed with design phase engineering services for
the Regional Wastewater Treatment Plant component of the Brushy
Creek Regional Wastewater Project ( "the Treatment Plant ") prior
to the anticipated time for completion and execution of further
amendments to or termination of the Wastewater Disposal
Agreement; and
WHEREAS, the parties desire to set forth by interlocal agree-
ment terms and conditions for joint financing and procurement of
design phase engineering services for the Treatment Plant;
NOW, THEREFORE, Austin and Round Rock hereby agree as follows:
1. Acknowledgement of Prior Selection of Engineer. Austin and
Round Rock acknowlege that the previous selection of the
Engineer to perform design and construction phase engineering
services was performed jointly by Austin, Round Rock and the
Brushy Creek WCID in compliance with the requirements of
V.T.C.A. Government Code, Chapter 2254.001, et. seq. and in
accordance with the usual and customary procedures employed by
Austin and Round Rock for the selection of professional
engineers.
2. Adoption of Selection Processes. Austin and Round Rock
hereby adopt and affirm the selection of HDR Engineering, Inc.
to perform design phase engineering services for the Treatment
Plant and hereby adopt by reference, affirm and ratify all
information, analyses and processes leading to such selection.
3. Agreement for Procurement of Design Phase Engineering
Services. Subject to the provisions set forth in this Inter -
local Agreement, Austin agrees to engage the services of the
Engineer to perform the design phase engineering services for
the proposed Treatment Plant and Austin agrees to negotiate and
enter into an agreement for the performance of such professional
engineering services on such terms and conditions as Austin
shall determine to be favorable, necessary or required. Austin
shall submit the proposed agreement for professional services to
Round Rock for review and approval which shall not be
unreasonably withheld or delayed.
(Rev. 4/13/94)
-2-
4. Project Description. The design phase engineering services
for the Regional Wastewater Treatment Plant ( "the Design
Project ") shall consist of those professional engineering
services for the Treatment Plant described in the Project
Description attached hereto as Exhibit "A" and made a part
hereof for all purposes. The parties agree that the contract
for the Design Project shall include terms and conditions for
preparation of a final design and specifications for construc-
tion of a Regional Wastewater Treatment Plant having a treatment
capacity of approximately 11.8 million gallons per day (MGD)
composed of two new process trains of approximately 5 MGD each
plus incorporation of 1.8 MGD of existing capacity from Round
Rock's East Wastewater Treatment Plant into the new plant. As
more particularly described in Exhibit "A ", the Design Project
shall include, without limitation, the preparation of detailed
plans and specifications for construction of the described
Treatment Plant requested as well as geotechnical, surveying,
and environmental services associated with design.
5. Amendments to Scope of Work or Contract Price. Proposed
amendments to the agreement for professional services involving
additions or deletions to the scope of work or contract price
for the Design Project shall be submitted to Round Rock for
review and approval which shall not be unreasonably withheld or
delayed.
6. Monthly Invoices for Design Phase Services. Austin agrees
that the contract with the Engineer shall provide for the rendi-
tion of monthly invoices to Austin with a copy to Round Rock
depicting design phase engineering services rendered during each
monthly billing period, the date thereof, the person performing
the services and the invoiced cost thereof.
7. Payment for Engineering Services. Austin agrees to make
timely payment to the the Engineer for the Design Project based
upon the agreement for professional services entered into
between Austin and the Engineer, subject to Austin's right to
receive partial reimbursement from Round Rock in accordance with
the terms of this Agreement.
8. Partial Reimbursement From Round Rock. Round Rock acknow-
ledges that Austin is contracting for the design phase services
for the benefit of both Austin and Round Rock and, accordingly,
Round Rock agrees to reimburse Austin for its proportionate
share of the total invoiced cost of the Design Project as set
forth below. On or before the award of a contract for construc-
tion of the Treatment Plant based on the Design Project, Round
Rock agrees to reimburse Austin for sixty four per cent (64 %) of
the total invoiced cost of the Design Project.
Austin agrees that the payment from Round Rock hereunder may,
upon the mutual agreement of the parties, take the form of a
credit against other agreed amounts determined to be owed by
(Rev. 4/13/94)
-3-
Austin to Round Rock for expenses associated with the Regional
Project.
9. Project Management and Contract Administration. Austin
agrees to provide project management and contract administration
services for the Design Project which shall include, without
limitation, communications with the Engineer concerning the
scope of work, clarification of questions concerning the Design
Project, provision of data needed to support the completion of
the scope of work, processing of approved additions or deletions
to the scope of work, communication with the Engineer concerning
billing and payment matters, general contract liason and over-
sight of the performance of the Design Project, enforcement of
the terms of the Agreement for Professional Services, maintain
master file of correspondence, minutes of conferences, repro-
ductions of contract documents, amendments, supplements,
addenda, reports, drawings, and all other related documents and
the performance of all other matters customarily associated with
the management and administration of similar agreements by
Austin.
10. Project Approval. To the extent that the agreement for
professional services requires approval from Austin for matters
pertinent to the Design Project, Austin agrees to submit such
matters to Round Rock for review and approval which shall not be
unreasonably withheld or delayed. Upon completion thereof, the
Design Project shall be submitted to Austin and Round Rock for
final review and approval.
11. General Provisions. The following general provisions shall
apply to this Agreement:
(a) Interlocal Cooperation. The parties agree to cooperate
with each other in good faith at all times to effectuate the
purposes and intent of this Interlocal Agreement.
(b) Payment From Current Revenues. Pursuant to Chapter
791, Tex. Gov't. Code, each party paying for governmental ser-
vices hereunder shall provide for payment of same from current
revenues or other funds of said party lawfully available for
this purpose.
(c) Entire Agreement. This Interlocal Agreement contains
the entire agreement of the parties and supersedes all prior and
contemporaneous understandings or representations, whether oral
or written, respecting the subject matter hereof.
(d) Amendments. Any amendment hereof must be in writing
and signed by the authorized representative for all parties.
(e) interpretation and Authority. The parties acknowledge
that this Agreement is entered into pursuant to the authority of
Texas law including, without limitation, the authority conferred
in V.T.C.A. Gov't. Code, Chapter 791 ( "Interlocal Cooperation
(Rev. 4/13/94)
-4-
Contracts "). In the event of any conflict between the pro-
visions of this Agreement and the provisions of the Wastewater
Disposal Agreement or any other agreement made by and between
the parties, the provisions of this Agreement shall prevail with
respect to the subject matter hereof. Except as set forth
above, this Agreement shall not be construed to breach, modify,
supplement or otherwise alter the provisions of any other
agreement entered into by and between Austin and Round Rock or
Austin, Round Rock and the Brushy Creek WCID.
(f) Applicable Law. This Agreement shall be construed under
and in accordance with the laws of the State of Texas.
(g) Assignment. Neither party may assign their rights and
obligations under this Interlocal Agreement.
(h) Other Instruments. Actions. The parties hereto agree
that they will take such other and further actions and execute
and deliver such other and further consents, authorizations,
instruments or documents as are necessary or incidental to
effectuate the purposes of this Interlocal Agreement.
(i) No Third Party Beneficiaries. Except as expressly
provided above, nothing herein shall ever be construed to confer
upon any person other than the parties hereto any rights,
benefits or remedies under or by reason of this Agreement.
(j) No Joint Venture. Partnership. Agency. This Agreement
shall not be construed in any form or manner to establish a
partnership, joint venture or agency, express or implied, nor
any employer - employee or borrowed servant relationship by and
among the parties hereto.
(k) Force Majeure. If, by reason of Force Majeure (as
hereinafter defined), any party shall be rendered wholly or
partially unable to carry out its obligations under this
Agreement, then such party shall give written notice of the
particulars of such Force Majeure to the other party or parties
within a reasonable time after the occurrence thereof. The
obligations of the party giving such-notice, to the extent
affected by such Force Majeure, shall be suspended during the
continuance of the inability claimed and for no longer period,
and any such party shall in good faith exercise its best efforts
to remove or overcome such inability.
The term "Force Majeure" as utilized herein shall mean
and refer to acts of God; strikes lockouts or other industrial
disturbances; acts of public enemies; orders of any kind of the
government of the United States, the State of Texas, or any
other civil or military authority; insurrections; riots;
epidemics; landslides; earthquakes; lightning; fires; hurri-
canes, storms, floods, washouts, droughts or other natural
disasters; arrests; restraint of government and people; civil
disturbances; explosions; breakage or accidents to machinery,
(Rev. 4/13/94)
-5-
pipelines or canals; or other causes not reasonably within the
control of the party claiming such inability.
(1) Venue. Venue for any suit arising hereunder shall be in
Williamson or Travis County.
(m) Duplicate Originals. This Agreement may be executed
simultaneously in duplicate originals each of equal dignity.
(n) Effective Date. This Agreement shall be effective from
and after the date of due execution hereof by the authorized
representatives of Austin and Round Rock.
IN WITNESS WHEREOF, the authorized representatives of the
parties have executed this Interlocal Agreement on the date(s)
set forth below.
ATTEST: CITY OF AUSTIN:
a B. Aldridge'
City Clerk Name: I
Title: Ad 4-rd-or 4vr 4 T r Uev. Se j WS
ATTEST:
11 4/ /i u - /L_i
4(
(Rev. 4/13/94)
Date:
-6-
APPROVED AS TO �''RN:
ssistant Citt Attorne
CITY OF ROUND ROCK:
By:
Name: NA2t.E Y CuLPEPPE
Title: / ° /gyoR_)
Date: a-9
THE STATE OF TEXAS )
)
COUNTY OF TRAVIS
of THI AGREEMENT was acknowledged before me this / day of
, 1994 by ' ,7.,,,,:7,(. ,
of e City of Aust, Texas, a municipal co oratio , on
behalf of said municipal corporation.
THE STATE OF TEXAS )
COUNTY OF TRAVIS )
JMT /jmt
(Rev. 4/13/94)
LUC?LE MOKRY
Y COMMiSSION EXPIRES
Apr9 19,1997
Al%p Notary Public, State Texas
Typed /Printed Name of Notary
My Commission Expires:
IS ,A REEMENT was ack»o / �� � dgec}, before me on this /O d y of
, 1994 by ( f S / PEPPER , M/iv,,,/27
of the City of Round Rock, Texas, a municipal corporation, on
behalf of said municipal corpar tion.
Notary Public, State of Texas
0 /ST /•Ue / . /99,I/E
Typed /Printed Name of Notary
My Commission Expires: Z-5-97
-7-
APPROVED AS TO FORM:
EXHIBIT "Al
PROJECT DESCRIPTION
BRUSHY CREEK WCID WASTEWATER TREATMENT FACILITY
Page 1 of 2
The PROJECT shall include two new process trains of
approximately 5.0 MGD average daily flow capacity each plus
incorporation of 1.8 MGD of existing capacity from one of the
existing City of Round Rock treatment units (total capacity of
11.8 MGD average daily flow). The PROJECT shall be designed
to meet effluent permit parameters of 10 mg /1 BODx, 15 mg /1
TSS and 2 mg /1 NH, -N. The design shall incorporate one of the
existing City of Round Rock treatment units (aeration basin)
as a digester. The design of.the PROJECT shall consider the
following:
- Future nutrient removal (5 mg /1 CBOD , 5 mg /1 TSS, 2
mg /1 NH -N, and 1 ng /1 total phosphorus),
- Expansion of the plant in multiple phases to 31 MGD
LIST OF MAJOR ITEMS INCLUDED IN PROJECT
1. Influent lift- station improvements.
2. New screening facilities.
3. New grit removal facilities.
4. New aeration basins and related blower equipment.
5. Two final clarifiers, each approximately 115 foot
diameter.
6. Return activated sludge pump station to serve new
aeration basins.
7. New • chlorine contact basins and related Cl, and 80 feed
improvements.
8. Waste activated sludge belt - thickening facilities.
9. Installation of 'additional •belt press in existing
thickening building.
10. Conversion of an existing treatment unit to an aerobic
digester.
11. Installation of odor control system to treat vent air
from influent lift station, grit and screening
facilities, and thickening facilities.
EX "( ';
Page 2
EXHIBIT "q°.
BRUSHY CREEK WCID WASTEWATER TREATMENT FACILITY
LIST OF MAJOR ITEMS INCLUDED IN PROJECT
(CONTINUED)
12. Administration /personnel /laboratory building.
13 Site work associated with improvements at the plant.
• Instrumentation covered by fee is intended to provide for
centralized computer monitoring and data acquisition
system but does not include distributed control system.
Design will be in conformance with standard industry
practice and will not include electrical and control
point to point drawings, termination drawings, conduit
routing details, or electrical elementary or ladder
drawings.
Landscaping design will involve the administration
building and entrance as covered by the proposal of Anne"
K. Young Associates.
EXHIBBT l'4