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CM-05-12-204ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. CITY OF ROUND ROCK INTEROFFICE MEMORANDUM To: Memo to File C/ From: Monique Adams Date: March 8, 2006 Re: Enclosed Document os- x)(1 Per conversation with Steve Sheets, the enclosed MOU is null and void. Memorandum of Understanding Between the City of Cedar Park, City of Round Rock and Lower Colorado River Authority (the "Parties") Concerning Development of a Regional Water Partnership Background: In the spirit of interlocal cooperation and pursuant to the Memorandum of Understanding between Cedar Park and Round Rock dated October 8, 2004, the City Managers of each City directed their respective staffs to commence discussions for the purpose of entering into a partnership agreement to provide potable drinking water to both cities from a regional water system. Pursuant to these discussions, Cedar Park and Round Rock have determined to pursue the following items, which items will be referred to collectively as the "Project": 1. The regional water supply system as generally shown in Exhibit 1 will be studied for a regional water partnership; 2. Cedar Park needs additional water supplies by the Summer of 2008 and Round Rock needs additional water supplies by Summer of 2009; 3. In order to allow the first phase of the Project to be deferred until Summer of 2009, the Parties have agreed to negotiate an Interim Water Supply Agreement by December 31, 2005 that will provide supplemental water to Cedar Park during the Summer of 2008; 4. A Preliminary Engineering Report (PER) needs to be conducted on the Project with completion by December 31, 2005; 5. Discussion and preparation of Definitive Agreements needs to be completed in early 2006 so that the timing of the water needs of the Parties can be met; and 6. The Lower Colorado River Authority (LCRA), on behalf of the City of Leander, desires to participate in the Project for the purpose of providing potable drinking water to the City of Leander. Water Needs: Based upon projected growth in population and demand for potable drinking water for their customers, Cedar Park will require an additional 15.0 million gallons per day (MGD) capacity in the regional treatment facility, Round Rock needs an additional 40.8 MGD capacity and the LCRA, which serves the City of Leander through the Brazos -Colorado Alliance, needs an additional 38.0 MGD capacity. The total capacity needs in the regional facilities is 93.8 MGD. Preliminary Engineering Report: A Preliminary Engineering Report (PER) is required to: • determine land requirements for a regional treatment plant; • select a regional plant site; • schedule capacity needs for all Parties; • determine cost sharing methodology for all components of the Project; Page 1 of 4 1, • determine cost sharing methodology for existing easements and ROW owned by Cedar Park; • analyze whether existing easements are sufficient for necessary facilities or whether new easements must be permitted, analyzed and acquired; • schedule the tasks required for acquisition of the land and completion of the first phase of the Project; • schedule the tasks required for obtaining environmental approvals; • develop a phasing plan for all components of the Project for all Parties; • prepare an implementation schedule for all tasks necessary to meet the scheduled needs of all Parties; • estimate the costs of the Project; and, • address other relevant preliminary planning matters. Kenneth Wheeler of Cedar Park and Don Rundell of Round Rock will be responsible for coordinating the preparation of the PER under the direction of the Project Management Committee. HDR Engineering prepared the Lake Travis Raw Water Supply System study for the City of Round Rock and is updating the water distribution analysis for the City of Cedar Park. Based upon these studies, HDR Engineering is most familiar and most qualified to conduct the PER. The cost of the PER is $132,500 and, subject to the approval of the respective Parties, will be shared by the Parties based upon their ultimate capacity needs as follows: Cedar Park (15.0 MGD) at 15.99 percent - $21,186.75 Round Rock (40.8 MGD) at 43.50 percent - $57,637.50 LCRA (25.0 MGD) at 40.51 percent - $53,675.75 The first draft of the Preliminary Engineering Report will be complete and delivered to the Parties for review no later than November 23, 2005 and the final report will be complete by December 31, 2005. Preliminary Surveying: The Parties agree that preliminary surveying is needed to generate strip maps of the raw water line from the existing Cedar Park treatment plant to the vicinity of the proposed regional treatment plant near FM 1431 and Lime Creek Rd. The cost of the preliminary surveying is not to exceed $22,140 and, subject to the approval of the respective governing bodies, will be shared by the Parties based upon their ultimate capacity needs as follows: Cedar Park (15.0 MGD) at 15.99 percent - $3,540.19 Round Rock (40.8 MGD) at 43.50 percent - $9,630.90 LCRA (25 MGD) at 40.51 percent - $8,968.91 Page 2 of 4 Lake Travis Deep Water Intake: The Parties acknowledge the importance of the need to plan for the financing, design and construction of a deep water intake on the main river channel of Lake Travis at some point in the future to provide a long-term reliable source of raw water to the regional system. As such, the Parties agree to incorporate strategic planning efforts for the deep water intake into the development of this regional water partnership. Definitive Agreements)• Concurrent with the preparation of the PER, the Parties will begin discussion and preparation of the Definitive Agreement(s) that will be necessary to effectuate the regional water partnership. Within ten (10) days from the date of the execution of this MOU the Parties will begin the preparation of the Definitive Agreement(s). The Definitive Agreement(s) needs to be complete no later than the beginning of the third quarter 2006 (i.e., October 1, 2006) so that the first phase of the regional water supply facilities can be complete and on-line by summer of 2009. Each party will bear its own costs for preparing the Definitive Agreement(s). The Definitive Agreement(s) shall require approval by each of the Parties' governing bodies. Intent of the Parties: The Parties acknowledge that it is the intent of each Party that the regional water supply facilities that are the subject of this Project shall be jointly owned with each Party having an undivided interest in each component of those facilities for which they share in the costs. Proiec�gement Committee: A Project Management Committee is hereby established to oversee the execution of the tasks outlined in this MOU, to recommend selection of additional consultants as necessary for the Project, and all other matters concerning the Project. The members are: City of Round Rock Tom Clark, Director of Utilities David Kautz, Assistant City Manager Tom Word, Chief of Public Works Oper. Steve Sheets, City Attorney City of Cedar Park Sam Roberts, Assistant City Manager Kenneth Wheeler, Treatment Services Manager Eric Rauschuber, Field Operations Director Leonard Smith, City Attorney LORA Jim Clamo, Project Sponsor, Water & Wastewater Utility Services Kevin Critendon, Regional Manager, Water & Wastewater Utility Services Stephen Kellicker, Financial Manager, Water Services Madison Jechow, Associate General Counsel Page 3 of 4 This Memorandum of Understanding is executed and dated as of the day of December, 2005. Brenda Eivens Interim City Manager Ced. Park, Texas James R. Nuse, P.E. City Manager Round Rock, Texas Scott B. Ahlstrom, P E , PMP Manager of Water & Wastewater Utility Services Lower Colorado River Authority Copy provided to: City Council, Cedar Park City Council, Round Rock Board of Directors, Lower Colorado River Authority Page 4 of 4 R