R-96-09-12-10C - 9/12/1996WHEREAS, the City of Austin ( "Austin ") , the Brushy Creek
Water Control and Improvement District No. 1 of Williamson and
Milam Counties ( "WCID ") and the City of Round Rock ( "Round Rock ")
have previously entered into that one certain Agreement for
Termination of Brushy Creek Regional Wastewater Disposal Agreement
( "Termination Agreement "), and
WHEREAS, said Termination Agreement provides, among other
things, that the WCID, Austin, and Round Rock will terminate an
existing Interim Wastewater Disposal Agreement dated January 30,
1989, and
WHEREAS, Austin and Round Rock wish to replace said
terminated Interim Wastewater Disposal Agreement with a new
agreement which is called the Interlocal Agreement for Interim
Wastewater Transportation and Treatment, 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 Interim Wastewater
Transportation and Treatment, a copy of said Agreement being
attached hereto and incorporated herein for all purposes.
RESOLVED this 12th day of Septiber, 1996.
ATTEST:
R:\ WPDOCS \RSSOLDTI \RS609L2C.WPD /,1,
LAND, City Secretary
RESOLUTION NO. R- 96- 09- 12 -10C
CHARLES CUI{9EPPER, Mayor
City of Round Rock, Texas
City of Austin
Founded by Congress, Republic of Texas, 1839
Municipal Building, Eighth at Colorado, P.O. Box 1088, Austin, Texas 78767 Tel ne 512/499 -2000
March 17, 2000
City of Round Rock
Attn: Jim Nuse
221 East Main Street
Round Rock, TX 78664
RE: INTERIM WASTEWATER TRANSPORTATION & TREATMENT
CONTRACT NO: S970029A
Dear Mr. Nuse:
Enclosed please find a fully executed copy of the above - referenced contract for your files.
Thank you for your continued interest in doing business with the City of Austin.
Sincerely,
Stephen T. Aden, Supervising Senior Buyer
Finance and Administrative Services Department
Purchasing Office, (512) 499 -2021
STA/rm
Enclosure
.3 •
DATE: 11 S `00
A
VENDOR / SUPPLIER:
AMENDMENT NO. 4
Contract No.: S970029
Interim Wastewater Transportation & Treatment
Commodity
City of Round Rock
Vendor
City of Austin, Texas
1.0 The contractor agrees to hold over this contract for a period not to exceed one hundred
twenty (120) days.
FROM: December 1, 1997
TO: January 31, 1999
2.0 Total contract amount shall not exceed $582,563,36.
3.0 All other Terms and Conditions of this contract remain unchanged and in full force and
effect.
BY THE SIGNATURES affixed below, Amendment No. 4 is hereby incorporated into and
made a part of the above referenced indefinite quantity contract.
DATE: 0 / 2 /
CITY OF AUSTIN:
BY: 1 BY:
Dir= blic Works or Authorized Signature Stephen T. Aden, Supervising Sr. Buyer
City ' . nd Rock Purchasing Office
221 East Main Street Finance and Administrative
Round Rock, TX 78664 Services Department
AMENDMENT NO.7
Contract No.: S9970029A
INTERIM WASTEWATER TRANSPORTATION & TREATMENT
Commodity
1.0 The contractor agrees to holdover this contract for a period not to exceed nine (9)
months.
2.0 In accordance with paragraph 47 of the Standard Purchase Tetras and Conditions, the
contract is hereby changed from not -to- exceed amount of $1,002,564.00 to read
$1,362,564.00 an increase of $360,000.00.
3.0 The request is to allow bills to be paid until an agreement is finalized.
4.0 All other Terms & Conditions of this contract remain unchanged and in full force and
affect.
BY THE SIGNATURES affixed below, Amendment No. 7 is hereby incorporated into and
made a part of the above referenced indefinite quantity contract.
DATE: 1 (
VENDOR / SUPPLIER:
BY:
Jim N
City o`er d Rock
221 East n Street
Round Rock, TX
CITY OF ROUND ROCK
Vendor
City of Austin, Texas
FROM: October 1,1997
TO: September 30, 2000
CITY OF AUSTIN:
BY:
Stephen T. A en
Purchasing Office
Finance and Administrative
Services Department
DATE: 3// /°c)
INTERLOCAL AGREEMENT FOR INTERIM WASTEWATER
TRANSPORTATION AND TREATMENT
THE STATE OF TEXAS §
COUNTIES OF WILLIAMSON §
AND TRAVIS §
RECITALS:
KNOW ALL BY THESE PRESENTS:
THIS INTERLOCAL AGREEMENT FOR INTERIM WASTEWATER TRANSPORTATION
AND TREATMENT ( "this Agreement ") is made and entered into by and between the City of
Austin, a Texas home rule municipal corporation ("Austin') acting by and through its duly authorized
City Manager or his designee, and the City of Round Rock, a Texas home rule municipal corporation
( "Round Rock ") acting by and through its duly authorized Mayor.
1. Austin and Round Rock each own and operate extensive water and wastewater utility systems
providing utility service to the majority of customers in Travis and Williamson Counties.
2. Both Austin and Round Rock recognize that substantial benefits may be derived by both
cities from joint cooperation in the planning, financing, construction, and provision of utilities in the
region served by the two cities.
3. Brushy Creek Water Control and Improvement District No. 1 of Williamson and Milam
Counties (the "District "), Austin, and Round Rock have entered into an Interim Wastewater Disposal
Agreement dated January 30, 1989 ( "1989 Interim Agreement ").
4. The 1989 Interim Agreement was terminated by the District, Austin and Round Rock in
accordance with the terms of that one certain Agreement Terminating Interim Wastewater Disposal
Agreement dated September 19, 1994 ("Termination Agreement ").
5. Austin remains in need of interim wastewater transportation and treatment services pending
negotiations with Round Rock for its participation in a regional wastewater treatment facility.
6. Round Rock has determined that it will, for a period of up to four (4) years, have excess
wastewater transportation and treatment service ("Interim Wastewater Service ").
7. Austin and Round Rock have studied the feasibility of permitting Austin to utilize the excess
capacity available in the Round Rock wastewater system on an interim basis to allow Austin to
determine whether or not to participate in a regional system with Round Rock.
8. Round Rock will benefit both operationally and financially from the sale of its excess
capacity on an interim basis to Austin.
9. Austin and Round Rock desire to set forth in writing the terms and conditions for the interim
sale of Interim Wastewater Service from Round Rock to Austin.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and
undertakings set forth below, Austin and Round Rock hereby contract and agree as follows:
ARTICLE ONE
DEFINITIONS
1.01 Definitions. Unless the context clearly requires otherwise, the following terms shall have
the meaning set forth below:
(a)
Agreement: this "Interlocal Agreement for Interim Wastewater Transportation and
Treatment."
(b) Facilities Plan: the "CDM Facilities Plan" dated September, 1988, prepared for
Round Rock and Austin by Camp, Dresser, & McKee.
(c) LUE: a living unit equivalent which is deemed to be equal to 350 gallons of
wastewater per day on a monthly average basis.
(d) MGD: million gallons per day.
(e) Point of Entry: the northern terminus of Round Rock's existing Onion Creek
Interceptor.
ARTICLE TWO
TERMS AND CONDITIONS
FOR INTERIM WASTEWATER SERVICE
2.01 Agreement to Provide Interim Wastewater Service. Subject to the terms and conditions of
this Agreement and the requirements of applicable law, Round Rock agrees to provide
wholesale wastewater transportation and treatment service to Austin on an interim basis for
the term of this Agreement. The transportation service shall be from the Point of Entry to
Round Rock's existing wastewater treatment facilities. The Interim Wastewater Service is
required by Austin to provide wastewater service to areas inside Austin's extra - territorial
jurisdiction and the following Austin customers: Fern Bluff Municipal Utility District, and
the southern portion of the Brushy Creek Municipal Utility District.
2.02 Amount of Interim Wastewater Service to he Provided.
(a) The amount of Interim Wastewater Service that will be provided to Austin by Round Rock
shall not exceed 5,000 LUE's.
(b) Regardless of the foregoing the parties acknowledge that, because of known operational
limitations, growth, and increasing demand on the Round Rock system, Round Rock may
2
not be able to provide the entire 5,000 LUE's on a firm or assured basis for the entire term
of this Agreement. Accordingly, Round Rock agrees to continually monitor the available
transportation and treatment capacity in its system.
(c) In the event that Round Rock reasonably determines that it cannot provide the entire, or any
portion of the 5,000 LUE's during the entire term of this Agreement, Round Rock will
communicate such determination to Austin in writing together with a statement of the
reasons supporting such determination.
(d) Six (6) months from the date of said written communication, Round Rock shall have no
obligation to provide transportation and/or treatment services in excess of the amount
determined to be available. In that event, Austin agrees to undertake to cure bottlenecks in
the transportation system and/or to provide additional treatment capacity at the treatment
plant to provide for its needs.
(e) During the 6 month period, Austin and Round Rock shall cooperate to identify:
(1) their respective wastewater collection and transportation requirements for the
remainder of the Agreement;
(2) the bottlenecks in the Round Rock collection and transportation system leading to
Round Rock's determination that capacity is no longer available;
(3)
those improvements to Round Rock collection and transportation system required to
add capacity sufficient to cure the bottlenecks and allow the Interim Wastewater
Service to continue; and
(4) a reasonable time frame or construction schedule by which such improvements to the
Round Rock system should be constructed in order to allow the service to continue
unimpaired.
In the event the bottleneck occurs in a transportation system component that Austin
participated in funding 85% of the cost of the component under the 1989 Interim Agreement,
then Austin shall not be required to cure the bottleneck.
Regarding any improvements to the treatment or transportation system required under
subsection (d) above, if Round Rock determines that it is in its interest to oversize the
improvements to include capacity for additional Round Rock flows in addition to the Austin
flows, Round Rock and Austin agree to share the cost of the improvements in proportion to
each Party's need for the wastewater transportation or treatment capacity.
2.03 Rates For Interim Wastewater Service, The rate charged Austin for wholesale wastewater
service shall be the wholesale wastewater rate established by ordinance from time to time by
the City Council of Round Rock pursuant to the exercise of Round Rock's original
3
ratemaking jurisdiction. Round Rock's rates shall be developed pursuant to a cost of service
study performed by Round Rock.
2.04 Monthly Billing Cycle. Round Rock agrees to tender to Austin a monthly bill for Interim
Wastewater Service provided and Austin agrees to pay the same on or before the expiration
of thirty (30) days from the date of receipt. Payment shall be considered past due thirty (30)
days from the date of receipt of each such monthly bill for Interim Wastewater Service.
Round Rock is authorized to apply a late charge on past due payments in accordance with
its policies and ordinances.
2.05 Monthly Billing Calculations. The monthly billing for Interim Wastewater Service shall be
computed on the basis of monthly readings of metered wastewater flows and the wholesale
wastewater rate set from time to time by the Round Rock City Council as provided above.
2.06 Billing Adjustments. If for any reason, a flow meter is out of service or inoperative, or if,
upon any test, any meter is found to be inaccurate, registration thereof shall be corrected.
Correction of inaccurate meter registration will normally be based on the most recent correct
registration if such is reasonably ascertainable. Alternatively, Round Rock and Austin may
agree to use future meter registrations as the basis for correction, Round Rock shall be
allowed to bill Austin based on estimated amounts prior to rendering a corrected billing. In
the event that it is determined that Austin has been over billed, Round Rock agrees to refund
or credit overcharges in accordance with Round Rock's policies and ordinances.
2.07 Curtailment of Service. Austin agrees that if wastewater service is curtailed within Round
Rock or to other customers of the Round Rock system, Round Rock may impose a like
curtailment on wholesale wastewater service delivered to Austin hereunder provided,
however, Round Rock shall impose such curtailments in an equitable and nondiscriminatory
fashion. Nothing herein shall be construed to prohibit Round Rock from curtailing service
completely in the event of a maintenance operation or emergency for a reasonable period
necessary to respond and complete such maintenance operation or effect emergency repairs.
2.08 Cooperation During Maintenance or Emergency. Austin shall cooperate with Round Rock
during periods of emergency or required maintenance and, if necessary, shall discontinue,
cycle, test, inspect, or otherwise operate its lift stations or other equipment at its expense in
a manner determined by the Round Rock director of Public Works to be necessary to the safe
and efficient completion of repairs or the replacement of facilities, the restoration of service,
and the protection of the public health, safety, and welfare.
ARTICLE THREE
GENERAL PROVISIONS
3.01 Term of Agreement. This Agreement shall be for an initial term expiring on December 31,
2000. Upon the mutual consent of both parties, the Agreement may be extended.
4
3.02 Termination for Breach. Either party shall have the right to terminate this Agreement in the
event of a material breach of the provisions of this Agreement by the other if the defaulting
party has not cured such material breach within ninety (90) days after the non - defaulting
party has made written demand to cure the same.
3.03 Authority. This Agreement is made pursuant to the authority conferred by Texas
Government Code, Chapter 791, and Texas Local Government Code Secs. 402.001 and
402.017.
3.04 Payments From Current Revenues. All payments, if any, required to be made by a
governmental entity hereunder shall be payable from current revenues or other funds
lawfully available for such purpose.
3.05 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 after
its effective date, 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 and overcome such
inability. Payment obligations shall not be considered to be affected by Force Majeure. 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; lighting; fires; hurricanes; storms; floods;
washouts; or other natural disasters; arrests; restraint of government and people; civil
disturbances; explosions; breakage or accidents to machinery, pipelines or canals; or other
causes not reasonably within the control of the party claiming such inability.
3.06 Entire Agreement. This Agreement contains the entire Agreement of the parties and
supersedes all prior or contemporaneous, understandings and representations, whether oral
or written, respecting the subject matter hereof.
3.07 Amendments. Any amendment hereof must be in writing and signed by the authorized
representative of each party hereto.
3.08 No Third Party Beneficiaries. This Agreement shall inure only to the benefit of the parties
hereto and third parties not privy to this Agreement shall not, in any form or manner, be
considered a third party beneficiary of this Agreement.
3.09 Assignment, The rights and obligations of a party arising under this Agreement shall not be
assignable.
3.10 Applicable Law. This Agreement shall be construed under and in accordance with Texas law.
5
3.11 Venue. Venue for any action arising hereunder shall be in Williamson County, Texas.
3.12 Notices. Notices provided hereunder shall be sufficient if forwarded to the other party by
hand - delivery or via U.S. Postal Service, postage prepaid, to the address of the other party
shown below:
3.13 Duplicate Originals This Agreement may be executed in duplicate originals each of equal
dignity.
3.14 Effective Date. This Agreement shall be effective from and after the last date of due
execution by the authorized representative of each party to this Agreement.
IN WITNESS WHEREOF, the authorized representatives of Austin and Round Rock have executed
this Agreement as of the date(s) shown below.
APPROVED AS TO FORM:
By:
ATTEST:
By:
CITY OF ROUND ROCK:
Director of Public Works
City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Assis t City Attorney
Joanne Land
City Secretary
APPROVED S t 0 FORM:
By: Al L •
Stephan S . eets
City Atto ey
a:\interim agm
6
CITY OF AUSTIN
Director, City of Austin
Water and Wastewater Utility
P.O. BOX 1088
Austin, Texas 78767 -1088
CITY OF AUSTIN:
By:
Ra> y Goss, P.E.
Director, Water and Wastewater Utility
City of Austin
Date: 9 -/9 -96
CITY AF ROUND ROCK:
Date:
Charles ulpper, Mayor