CM-12-05-081ROUND ROCK, TEXAS
PURPOSE. PASSION PROSPERITY
I2 -0S- D RtECEIVED
MAY 02 2012
City Manager Approval Form
Consider executing a Memorandum of Understanding with the Cities of Cedar Park, Austin and Leander
Item Caption: regarding the construction of a reuse facility.
Approval Date: May 4, 2012
Department Name: Utilities and Environmental Services Department
Project Manager:
Michael Thane, P.E.
Assigned Attorney:
Steve Sheets
Item Summary:
The City of Round Rock is constructing a Reuse Water facility at the Brushy Creek Regional Wastewater System (BCRWWS) - East
Wastewater Treatment plant that is located on U.S. Highway 79, roughly across the highway from Dell Diamond. In order to
memorialize Round Rock's intentions of building, owning, operating, and maintaining this Reuse Water facility, as well as stating
that this facility will not interfere with the ability of the existing plant to collect and treat wastewater, and to obtain
acknowledgement from the other partner cities of Cedar Park, Austin, and Leander, this Memorandum of Understanding must be
signed by all of the partner cities. There is no cost associated with this action.
No. of Originals Submitted: 5
Project Name: MOU for the City of Round Rock's Reuse Water Facility at the BCRWWTS East WWTP
Cost: NA
Source of Funds: Select Source Fund
Source of Funds (if applicable): Select Source Fund
Account Number:
Finance Director Approval: Cheryl Delaney
Date: 5/1/12
Department Director Approval: Michael Thane Date: 4/30/12
**Electronic signature by the Director is acceptable. Please only submit ONE approval form per item. **
CIP o Budget n n Purchasing ri n Accounting n a
N/A OK N/A OK N/A OK N/A OK
ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL
REV. 6/20/11
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("MOU") is made by and among the City of Round
Rock ("Round Rock"), the City of Austin ("Austin") the City of Cedar Park ("Cedar Park") and
the City of Leander ("Leander"). The four cities are sometimes collectively referred to herein as
"the Parties."
RECITALS
WHEREAS, on June 4, 2010, the Parties entered into that certain Amended and Restated
Master Contract for the Financing, Construction, Ownership, and Operation of the Brushy Creek
Regional Wastewater System (the "Master Contract"); and
WHEREAS, the Master Contract sets out the terms and provisions related to the reuse of
treated effluent from the System, primarily in Section 12.3; and
WHEREAS, Section 12.3 also provides that reuse facilities may be constructed on
System property, provided that the location of said facilities will not impair the ability of System
facilities or other Cities' reuse facilities to be constructed in the future; and
WHEREAS, Round Rock wishes to construct a reuse facility on a portion of System
property described in Exhibit A; and
WHEREAS, the Parties wish to acknowledge that the construction by Round Rock of a
reuse facility on the property described in Exhibit A will not impair the ability of System
facilities or other Cities' reuse facilities to be constructed in the future;
NOW THEREFORE, the Parties agree to work cooperatively and in good faith in the
manner set forth herein.
ARTICLE I
ROUND ROCK'S INTENTIONS
Pursuant to the terms of the Master Contract, Round Rock intends to construct and operate a
treated effluent reuse facility on System property described in Exhibit A, attached hereto and
incorporated herein for all purposes, and to do so in a manner that will not impair the ability of
System facilities or other Cities' future reuse facilities.
ARTICLE II
OTHER CITIES' ACKNOWLEDGMENT
2.01 The cities of Austin, Cedar Park, and Leander hereby acknowledge that they are aware of
Round Rock's intention to construct and operate a treated effluent reuse facility on System
property described in Exhibit A, and said cities also acknowledge that the said location of the
reuse facilities will not impair the ability of the System facilities or other cities' reuse facilities to
be constructed in the future.
CM-( 7-2476 0&/
2.02 The cities of Austin, Cedar Park, and Leander hereby also acknowledge that Round Rock
shall be the owner and operator of the reuse facility until such time that this MOU is amended.
As owner and operator of the reuse facility, Round Rock will provide separate electric, potable
water, or other utilities and equipment as may be necessary to operate the facilities, at its own
expense and pay all charges related to those utilities, equipment, and appurtenances.
2.03 Provided that sufficient space is available in the existing chlorine storage building at the
wastewater treatment facility, as determined by the Parties, the cities of Austin, Cedar Park, and
Leander hereby agree that Round Rock shall be allowed to utilize space in said storage building
to store only its chlorine containers therein. Round Rock's reuse facility will not share any
equipment with the treatment plant or any other space in the wastewater treatment facility. All
chlorine cylinders and appurtenances to be used by the reuse facility will include any and all
necessary equipment (such as automatic shut off valves for chlorine cylinders) for safety or
otherwise required to comply with all regulations, laws, and System plans, and will be addressed
in the treatment facilities' operator's emergency management plan.
ARTICLE III
THE PARTIES' AGREEMENT
3.01 The Parties agree that in the future if Round Rock's reuse facility will impair the ability
of System facilities or other cities' future reuse facilities, the Parties will cooperate to resolve
such matters.
CITY OF ROUND ROCK, TE
Ae
By
Steve Norwood, City Manager
Date: PAr/%'`
CITY OF AUSTIN, TEXAS
By: Z/Z1
Robert Goode, P.E., Assistant City Manager
CITY OF CEDAR PARK, TEXAS
By:
Brenda Eivens, City Manager
CITY OF LEANDER, TEXAS
By:
Kent Cagle, City Manager
CITY OF AUSTIN, TEXAS
By:
Robert Goode, P.E., Assistant City Manager
CITY OF CEDAR PARK, TEXAS
By:
renda Eivens, City Manager
CITY OF LEANDER, TEXAS
By:
Kent Cagle, City Manager
CITY OF AUSTIN, TEXAS
By:
Robert Goode, P.E., Assistant City Manager
CITY OF CEDAR PARK, TEXAS
By:
Brenda Eivens, City Manager
CITY
By:
Kent Cagle, City M ager
1.301 ACRES OUT
OF LOT 1, BLOCK A
EXHIBIT
PROPERTY DESCRIPTION
DESCRIPTION OF A 1.301 ACRE (56,671 SQUARE FOOT),
TRACT OF LAND SITUATED IN THE JOSEPH MARSHALL
SURVEY ABSTRACT NO. 409, IN WILLIAMSON COUNTY,
TEXAS, BEING A PORTION OF LOT 1, BLOCK A, OUT OF THE
FINAL PLAT BEING BRUSHY CREEK REGIONAL
WASTEWATER TREATMENT PLANT, BY INSTRUMENT
RECORDED IN CABINET DD, SLIDES 272-273, OF THE PLAT
RECORDS OF WILLIAMSON COUNTY, TEXAS, AND
CONVEYED TO CITY OF AUSTIN, CITY OF ROUND ROCK,
AND CITY OF CEDAR PARK, BY INSTRUMENT RECORDED IN
DOCUMENT NO. 2009089310 OF THE OFFICIAL PUBLIC
RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 1.301
ACRE (56,671 SQUARE FOOT) TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
Page 1 of 4
BEGINNING at a calculated point having grid coordinates of N=10166631.61, E=3151498.71
and being In the interior of said Lot 1, also being the northeast corner of the herein described
tract, and from which a'/a" iron pipe found being the existing southerly right-of-way line of the
Missouri Pacific Railroad (100' right-of-way width) as recorded in Volume 17, Page 606 of the
Deed Records of Williamson County, Texas, being the northwest comer of Lot 11, Block B,
Section 1 C, of a subdivision recorded as Forest Bluff, in Cabinet 0, Slides 346-348, of the
Plat Records of Williamson County, Texas, same being the northeast comer of said Lot 1
bears N 23°51'45" E at a distance of 653.62 feet;
THENCE, through the interior of said Lot 1, the following twenty six (26) courses:
1) S 02°14'59" E for a distance of 131.19 feet to a calculated point;
2) S 87°44'59" W for a distance of 61.89 feet to a calculated point;
3) $ 02°15'20" E for a distance of 138.23 feet to a calculated point;
4) N 87°44'59" E for a distance of 61.89 feet to a calculated point;
5) S 02°15'02" E for a distance of 166.28 feet to a calculated point, for the southeast
comer of the herein described tract;
6) S 87°45'28" W for a distance of 27.86 feet to a calculated point;
1.301 ACRES OUT
OF LOT 1, BLOCK A
Page 2 of 4
7) N 02°15'11" W for a distance of 75.04 feet to a calculated point;
8) S 87°44'53" W for a distance of 252.19 feet to a calculated point;
9) N 02°15'11" W for a distance of 84.96 feet to a calculated point;
10) N 87°44'38" E for a distance of 89.67 feet to a calculated point;
11) S 02°15'28" E for a distance of 44.67 feet to a calculated point;
12) N 87°44'54" E for a distance of 98.50 feet to a calculated point;
13) N 02°15'05" W for a distance of 202.89 feet to a calculated point;
14) N 47°15'11" W for a distance of 58.64 feet to a calculated point;
15) S 87°44'55" W for a distance of 76.37 feet to a calculated point;
16) S 67°15'55" W for a distance of 56.86 feet to a calculated point;
17) S 45°33'07" W for a distance of 23.83 feet to a calculated point;
18) N 22°43'45" W for a distance of 59.63 feet to a calculated point;
19) N 88°59'22" E for a distance of 23.81 feet to a calculated point;
20) N 67°15'55" E for a distance of 46.39 feet to a calculated point;
21) N 47°15'06" W for a distance of 82.97 feet to a calculated point;
22) S 89°21'04" W for a distance of 49.44 feet to a calculated point;
23) N 00°37'49" W for a distance of 30.00 feet to a calculated point, for the northwest
comer of the herein described tract and from which a W iron rod with plastic cap
found in said existing southerly railroad right-of-way line, same being in the existing
northerly boundary line of said Lot 1, bears N 28°21'18" W at a distance of 262.22
feet;
24) N 89°21'21" E for a distance of 61.37 feet to a calculated point;
25) S 47°14'59" E for a distance of 67.91 feet to a calculated point;
1.301 ACRES OUT
OF LOT 1, BLOCK A Page 3 of 4
26) N 87°4498" E for a distance of 232.10 feet to the POINT OF BEGINNING,
containing 1.301 acres (56,671 square feet) of land, more or less.
All bearings recited herein are based on the Texas State Plane Coordinate System,
Central Zone No. 4203, NAD 83.
This property description is accompanied by a separate plat.
That I, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify
that the above description is true and correct to the best of my knowledge and belief and
that the property described herein was determined by a survey made on the ground under
my direction and supervision.
WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas.
1./0,
M. St6pTruesdale
Registered Professional Land Surveyor No. 4933
Licensed State Land Surveyor
Inland Geodetics, L.P.
1504 Chisholm Trail Road Suite 103
Round Rock, TX 78681
512-238-1200
7 10 -
Date
SCALE r • 100'
MISSOURI PACIFIC RAILROAD - 100` R.O.W.
(INTERNA VOLUME I7, PAGE 606. o.R 6! C. rAILR0A0J
R=11050.37' L=563.57
DRAINAGE AND
STORMSEWER EASEMENT
PER PLAT
N 00°37'49' W
30.00'
..5'-'
DELTA°02'55'20"
BRUSHY CREEK REGIONAL
WASTE/VATER TREATMENT PLANT
z CAB. DD, ADS. 272-7.3
P.R. I!C. T.
CITY OF Ausr/N
CITY OF CEDAR PARK
CI rY OF ROUND ROCK
(95.5// AC.)
DOC. NO. 20090893/0
O,pRw.c.r.
N 89°21121' E
61.37'
Gy
O
@ L9
6 L5
EASEMENT
1.301 ACRES
56.671 80. FY.
N�
N �
O N
2
e70,
@9678°E
C2
N 02615111" W /
75.04'
S 47°14'59' E
67.91'
NOTES:
0 ALL 8EARINGS ARE BASED ON SRS) BEARINGS, DISTANCES ARE
SURFACE DISTANCES. COORDINATES ARE SURFACE VALUES
BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM. HAD
83. CENTRAL TEXAS ZONE. USING A COMBINED SURFACE
ADJUSTMENT FACTOR OF 0.999118869.
2) THIS SURVEY WAS PERFORMEO WITHOUT BENEFIT OF A TITLE
REPORT. THERE MAY BE EASEMENTS OR OTHER ENCUMBRANCES
UPON THIS TRACT THAT ARE NOT DEPICTED HEREON.
AS SURVEYED 8Y:
M. STEP TRU SOMA / DATE
REGISTERED PROFESSIONAL LANO SURVEYOR NO. 4933
LICENSED STATE LAND SURVEYOR
INLAND GEOOETICS. LP
87°4
p3? O@+k,
CO
LOT 1
BLOCK "A•
N 67°16'14" E
239.97
FOREST BLUFF.
/ SECTION IC
CAB. 0.
/ SLIM. 346-348
P.R.W.C.T.
/
/
/ LOT II
BLOCK '6'
0.B.
GRID COORDINATES
N°10166631.61
E=3151498.71
S 02°14'59' E
131.19'
DRAINAGE AND
STORMSEWER EASEMENT
PER PLAT
8 87°44'590 W
61.89'
N 87°44'591 E
61.89'
S 87°45180 W
27.86'
P:!:V.;4;;I:RX
�JOfi .uw+w�`��
25-frag zo (f
/
/
/
/
/
LINE TABLE
NO.
BEARING
DISTANCE
LI
S 02°1518' E
44.67'
L2
N 87°44'54" E
98.50'
L3
N 47°1511' W
58.64'
L4
S 87°44'55" W
76.37'
1.5
8 67°15'55' W
56.86'
1.6
S 45°33'07' W
23.83'
1.7
N 22°43'45' W
59.63'
L8
N 88°5912' E
23.81'
L9
N 67°15155' E
46,39'
1.10
N 47°15106' W
82.97'
L11
S 89°21'04' W
49.44'
LEGEND
11 CALCULATED POINT
O V2' IRON PIPE FOUND
• I/2' IRON ROD FOUND
• 1/2' IRON ROD WITH PLASTIC CAP FOUND
i PROPERTY LINE
0.P.R.W.C.T. OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY. TEXAS
P.R.W.C.T. PLAT RECORDS
WILLIAMSON COUNTY. TEXAS
) RECORD INFORMATION
IINLANID el3
CEODETICS
NOof ESAoNAL IAND SURVEYORS
1504 016NOU4 TRAIL RO. STE. 103
ROUND ROCK. TX. 70601
111.61112344100./11X011112311 -11s1
EASEMENT
1.301 ACRES
56,671 SQUARE FEET
PAGE 4 OF 4
•
Project Name:
BRUSHY CREEK
REGtONA1 UT Iltl Y AUT#40R1E r
Contract Quantity Adjustment/Change Order
BCRUA Interim Floating Intake Fadiities
Contractor: Excel C.onstruction Services, LLC
Engineer: Jacobs Engineering Group, Inc.
]tion
Date:
Grange
Order/Quantity
Adjustment No.
Page 1 of 1
2/2/2012
7
SUMMARY
Original Contract Price:
Previous Quantty Adjustment(s);
This Quantity Adjustment:
Total Quantity Adjustrnent(s):
Total Contract Price with Quantity Adjustment(s):
Previous Charge Order(s):
This Change Order
Total Change Order(s) To Date:
0riginal Contract Price Plus Change Order(s) Pius
Quantity Adjustment(s):
0riginal Contract Time:
Contract Time Prior to this Change Order
Contract Time with All Approved Change Orders:
Prepared By:
Contractor
Approval:
Approval:BCRUA
BCRUA
Approval:
Signature
Signature
Signature
Signature
Amount % tats
$3,807,500.00
$0.00
$0.00
$3,807,500.00
$530,290.82
$56,880.00
$587,170.82
13.93%
1.49%
15.42%
$4,394,670.82
365 calendar days
411 calendar days
448 calendar days
Glenn A. Bridges, P.E., Project Engineer
Jas Engineering Group, Inc.
Printed Name, Title and Company
Prhted Name, Tide and Company
.411414.4a r is.a 11,1dfClt
Printed Name, Tide
Date
6I-iI Zen.
Date
Date
Painted Name, Tide