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R-06-12-21-9F1 - 12/21/2006RESOLUTION NO. R -06-12-21-9F1 WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local governments and agencies of the state to enter into agreements with one another to perform governmental functions and services, and WHEREAS, the City of Round Rock wishes to enter into an Interlocal Agreement Regarding Preliminary Design Services for Regional Water System with the City of Cedar Park and the City of Leander, 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 Regarding Preliminary Design Services for Regional Water System with the City of Cedar Park and the City of Leander, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council 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 21st day of December/100 ��� ATTEST(? ' CHRISTINE R. MARTINEZ, City Secretar 0:\wdox\RESOLUTI\R61221F1.WPD/rmc R XWJ;EL , Mayo—t-' y of Round Rock, Texas Draft, clean: 12112/06 INTERLOCAL AGREEMENT REGARDING PRELIMINARY DESIGN SERVICES FOR REGIONAL WATER SYSTEM THE STATE OF TEXAS § COUNTY OF WILLIAMSON § KNOW ALL BY THESE PRESENTS: THIS INTERLOCAL AGREEMENT REGARDING PRELIMINARY DESIGN SERVICES FOR REGIONAL WATER SYSTEM ("Agreement") is entered into between 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, Round Rock, Cedar Park and Leander are sometimes individually referred to as " Party" and collectively referred to as "Parties". Recitals WHEREAS, the growth of the Cities of Round Rock, Cedar Park and Leander necessitates the development of additional water supplies for each of these communities; and WHEREAS, the Parties have agreed to jointly pursue a regional water supply system that will ultimately provide an additional 105.8 million gallons per day of potable water supply to meet future water demands of the Parties based on projected population growth; and WHEREAS, Round Rock, Cedar Park and the Lower Colorado River Authority ("LCRA"). have previously entered into multiple agreements in anticipation of the regional water supply system, including: (i) the "Interlocal Agreement Regarding Design of New Hope Regional Waterline" between Round Rock, Cedar Park and LCRA dated December 15, 2005; (ii) the "Interlocal Agreement Regarding Construction of Regional Water Line" between Round Rock, Cedar Park and LCRA dated March 23, 2006; (iii) the "Interlocal Agreement for Interim Water Supply" between Round Rock and Cedar Park dated March 9, 2006; (iv) the Interlocal Agreement Regarding Water Supply Agreement Obligations between LCRA and Cedar Park, dated March 9, 2006; and the Wholesale Potable Water Service Agreement between the Brazos River Authority, LCRA and Leander dated , 1998; and WHEREAS, the Parties desire to proceed with the preliminary design and other consulting services related to the regional water system project; and WHEREAS, the purpose of this Agreement is to set forth the terms and conditions pursuant to which the Parties shall authorize preliminary design and other consulting services related to the regional water system project, and pursuant to which the Parties will cost participate in all costs and expenses related thereto. NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and agreements of the Parties contained in this Agreement, the Parties agree as follows: EXHIBIT O:\wdox\CORR\unl\RWP-CEDARPRK\IA-PREENGRM\00107868 DOCOO!07868.DGE "An Draft, clean: 12112/06 I. DEFINITIONS When used in this Agreement, capitalized terms not otherwise defined shall have the meanings set forth below: 1.01 "Agreement" means this Interlocal Agreement Regarding Preliminary Design Services for Regional Project. 1.02 "Cedar Park" means the City of Cedar Park, Texas. 1.03 "Cost Allocation Percentage" means the percentage of Preliminary Design Costs to be paid by each Party. The Cost Allocation Percentages for each category of Preliminary Design Services and are set forth on Exhibit "A" attached hereto. 1.04 "Design & Oversight Committee" or "D.O. Committee" means the engineering representative(s) selected by each Party for purposes of overseeing the implementation of the preliminary design of the Regional Project in accordance with the PER and the Project Schedule, as more particularly described in Art. II. 1.05 "Design Fund" means a fund to be established and administered by Round Rock in accordance with Section 4.03 in order to provide monies to pay the Preliminary Design Costs. 1.06 "Effective Date" means the last date of execution of this Agreement by the Parties; provided all of the Parties must execute this Agreement for it to be effective. 1.07 "LCRA" means the Lower Colorado River Authority. 1.08 "Leander" means the City of Leander, Texas. 1.09 "New Hope Water Line" means the water transmission line and related equipment and appurtenances being constructed by Cedar Park on behalf of the Parties in accordance with the terms of the New Hope Water Line Construction Agreement. 1.10 "New Hope Water Line Construction Agreement" means that certain Interlocal Agreement Regarding Construction of Regional Water Line" dated March 23, 2006, between Round Rock, Cedar Park, and LCRA relating to the construction of the New Hope Water Line. 1.11 "Party" or "Parties" means Cedar Park, Round Rock, and/or Leander, individually or collectively, as applicable. 1.12 "PER" means the "Regional Water Supply Project Engineering Design Report" prepared by HDR Engineering, Inc. and dated November 2006. 1.13 "Preliminary Design Services" means the preliminary engineering and other services to be performed by the Project Consultants pursuant to the Preliminary Design Contracts. O:\wdox\CORR\unl\RWP-CEDARPRK\IA-PREENGRW%\00107868 DOCOO!0786S:B9E Draft, clean: 12/12/06 1.14 "Preliminary Design Contracts" means those certain contracts for engineering services to be approved by the Parties pursuant to which the Project Consultants shall provide Preliminary Design Services. 1.15 "Preliminary Design Costs" means all costs and expenses incurred by the Parties pursuant to the Preliminary Design Contracts for Preliminary Design Services. 1.16 "Project Consultants" means the following firms which are parties to the Preliminary Design Contracts with the Parties for each category of the Preliminary Design Services, as follows: (a) Carter & Burgess, Inc. for the Raw Water System and Barge; (b) Camp Dresser & McKee, Inc. for the Water Treatment Plant; (c) Lockwood, Andrews and Newnam, Inc. for Segment 1 of the Treated Water Transmission Line; and (d) K Friese & Assoc for Segment 2C of the Treated Water Transmission Line. 1.17 "Regional Project" means the regional water supply system, which will ultimately provide an additional 105.8 million gallons per day of potable water supply to meet future water demands of the Parties, based on projected population growth, as more fully described in the PER. 1.18 "Round Rock" means the City of Round Rock, Texas. 1.19 "Project Schedule" means the Regional Water System Project Schedule attached as Exhibit "B". II. DESIGN AND OVERSIGHT COMMITTEE 2.01 Composition of D.O. Committee. There is hereby created a Design & Oversight Committee ("D.O. Committee") to be composed of one representative appointed by each Party. The following persons are hereby designated as the initial members of the D.O. Committee: Kenneth Wheeler on behalf of Cedar Park; Wayne Watts on behalf of Leander; and Don Rundell on behalf of Round Rock. Each representative of a Party shall serve at the will of the governing body (or its designee) that the person represents. Upon the incapacitation, resignation, or revocation of the power of such representative , the governing body of the appropriate Party (or its designee) shall promptly appoint a new representative to the D.O. Committee, and shall immediately notify the other Parties in writing of such appointment. Each Party may appoint one or more alternate representatives as it deems necessary and proper. 2.02 Responsibility of D.O. Committee. The D.O. Committee shall: O:\wdox\CORR\unl\RWP-CEDARPRK\IA-PREENGRW4\00107868 DOCA0!07868.DOC— Draft: clean: 12/12/06 (i) Attend and participate in regular meetings with the Project Consultants to monitor the status of the Preliminary Design Services and to provide direction and recommendations with respect thereto; (ii) Review and unanimously approve in writing the preliminary design report, routing and location of the Regional Project facilities produced by the Project Consultants in accordance with the PER; (iii) Review and unanimously approve in writing any revisions to the scope of Preliminary Design Services to be performed by any Project Consultants; (iv) Confirm in writing the final completion of Preliminary Design Services under the Preliminary Design Contracts in accordance with the PER and the Project Schedule; and (v) Address any other pertinent matters relating to the Preliminary Design Services. The D.O. Committee shall meet at regular intervals to review the matters over which it has authority. The D.O. Committee shall be diligent, prompt and timely in reviewing and acting on matters submitted to it. III. PRELIMINARY DESIGN SERVICES 3.01 Preliminary Design and Project Management Services. (a) The Parties intend to enter into Preliminary Design Contracts in the form unanimously approved by the Parties. (b) Once approved, the scope of Preliminary Design Services, including any proposed changes to a Project Consultant's compensation in connection therewith, may only be modified by unanimous written authorization from the Parties, which authorization shall be set forth in a "Supplemental Contract" executed by each Party. (c) The Parties mutually acknowledge and agree to cooperate together to retain the services of a qualified individual or firm to provide project management services for the Regional Project in general and this Agreement in particular. Pending the engagement of such individual or firm, the Parties acknowledge that this Agreement will be managed by a committee composed of the City Managers for each Party (the "City Managers Committee"). The three City Managers will choose one of them to be the chairman of the City Managers Committee. 3.02 D.O. Committee Participation. (a) The D.O. Committee shall prepare a schedule of meetings with the Project Consultants that shall be approved by all members of the D.O. Committee. The foregoing shall not be construed to prohibit any Party from communicating with Project Consultants regarding O:\wdox\CORR\unl\RWP-CEDARPRK\IA-PREENGRw4\00107868 DOCAA!07868.DOE Draft: clean; 12/12/06 the Preliminary Design Services without the presence or participation of the other Parties, or from meeting with the Project Consultants when it is not practicable to schedule a meeting with the D.O. Committee. (b) The Parties agree that the final route and location of the Regional Project facilities will not be finalized until the D.O. Committee has reviewed and unanimously approved in writing such design and location. (c) Within ten (10) business days of receipt of any preliminary and/or final reports prepared by the Project Consultants, the members of the D.O. Committee shall specify in writing to each other any objections regarding the draft reports, and any proposed revisions thereto. If any member of the D.O. Committee fails to object in writing to the report within the 10 -business -day period, then that member shall be deemed to have approved the draft report. In the event that any member of the D.O. Committee timely objects to the draft report, then the D.O. Committee shall endeavor in good faith to resolve the matter by unanimous agreement. If the D.O. Committee cannot unanimously agree to the proper resolution within fifteen (15) business days, then the D.O. Committee shall refer the dispute to the City Managers Committee. The City Managers Committee shall work diligently and in good faith to resolve the dispute as quickly as possible so as not to jeopardize the completion of the Regional Project in accordance with the Project Schedule. 3.03 Work Product. (a) Any Party is entitled to copies of any work product produced by the Project Consultants in connection with the Preliminary Design Services. The Party requesting a copy of such information shall pay all reasonable costs incurred in preparing and furnishing the copies. (b) In accordance with, and subject to the terms and conditions set forth in the Preliminary Design Contracts, the Parties may utilize the work product produced by the Project Consultants for their own purposes. IV. PAYMENT OF PRELIMINARY DESIGN COSTS. 4.01 Allocation of Preliminary Design Costs. The Parties shall require each Project Consultant to categorize the costs and services for which it seeks payment under the Preliminary Design Contracts into one of the following project categories (the "Project Categories") for purposes of applying the correct Cost Allocation Percentage and thereby calculating each Party's share of the Preliminary Design Costs, as hereinafter set forth: (i) "Raw Water System and Barge"; (ii) "Water Treatment Plant"; (iii) "Transmission Line Segment 1"; (iv) "Transmission Line Segment 2C"; or O:\wdox\CORR\unl\RWP-CEDARPRK\IA-PREENGRW'S\00107868 DOC Draft, clean: 12/12/06 (v) "Transmission Line Segment 3". The Parties shall also require the Project Consultants to prepare separate invoices for each of the project categories for payment. 4.02 Payment of Preliminary Design Costs. (a) All Preliminary Design Costs shall be shared by the Parties according to the Cost Allocation Percentages applicable to each Project Category designation, as set forth in Exhibit "A" attached hereto. (b) The Parties agree that Project Consultants will be instructed to send all invoices to Round Rock and that upon receipt of each invoice from the Project Consultants, Round Rock shall review the invoice and confirm: (i) that the Preliminary Design Services have been completed in accordance with the request for payment; (ii) that Preliminary Design Services for which payment is sought have been properly allocated to the correct Project Category; and (iii) that each invoice does not seek payment for services for more than one Project Category. (c) Upon Round Rock's approval of each invoice for Preliminary Design Services, Round Rock will transmit a copy of the approved invoice to the Cedar Park and Leander representatives on the D.O. Committee. Within ten (10) business days of receipt of the invoice for payment, the members of the D.O. Committee shall specify in writing to Round Rock any objections regarding the invoice for payment, including any objections regarding the Project Category designation. If any member of the D.O. Committee fails to object in writing to the invoice within the ten (10) business day period, then the Party represented by such D.O. Committee member shall be deemed to have approved the invoice for payment and the Project category designation. In the event that any member of the D.O. Committee timely objects to the invoice or Project Category designation, then the matter shall be resolved in accordance with the following procedures: (i) If the objection relates to the performance of work or services by a Project Consultant, then the D.O. Committee shall exercise all rights to which it is entitled under the Preliminary Design Contract to resolve the dispute, require correction of the defective work, and otherwise address the concern of the objecting member of the D.O. Committee. (ii) In the event that any member of the D.O. Committee objects to an invoice for reasons not related to the performance of work or services by the Project Consultant, including by way of example whether the correct Project Category designation has been applied, then the D.O. Committee shall endeavor in good faith to resolve the matter by unanimous agreement. If the D.O. Committee cannot unanimously agree to the proper resolution within thirty (30) calendar days of the date of written objection, then the invoice shall be paid as received; provided, however, that any Party may subsequently seek a determination of the proper Project Category designation through the dispute resolution process set forth in Sec. 4.04 below, and the allocation of costs between the Parties shall be adjusted in accordance with such determination. Any O:\wdox\CORR\unl\RWP-CEDARPRK\IA-PREENGRW6\00107868 DOC - Draft, clean: 12112106 such request for dispute resolution must be brought within thirty (30) calendar days of the date of written objection. (d) The Parties agree that the cost of Round Rock's performing the aforesaid financial administration services is the sum of $3,500.00 per month, not to exceed $42,000 total, which shall be shared and allocated among the Parties as follows: Cedar Park: 14.18% Leander: 47.26% Round Rock 38.56% (e) In the event of termination of this Agreement prior to the completion of the Regional Project, all Parties shall provide payment of their pro rata share of the Preliminary Design Costs incurred prior to and through the date of the termination. 4.03 Design Fund. (a) The Parties shall contribute monies to the Design Fund in accordance with the following provisions: (i) Within ten (10) calendar days of execution of the Preliminary Design Contracts by the Parties, each Party shall deposit into the Design Fund a sum ("the Design Payment"), which represents twenty five percent (25%) of each Party's share of the estimated Preliminary Design Costs. Each Party's estimated Design Payment, based on the estimated Preliminary Design Costs set forth in Exhibit "A" attached hereto, is set forth below: 1) Round Rock- $223,875.56; 2) Leander- $274,386.35; and 3) Cedar Park- $82,327.59. (ii) At such time as the balance in the Design Fund is substantially depleted, as determined in Round Rock's reasonable discretion, Round Rock shall provide written notice (by email or otherwise) thereof to the other Parties, each of which shall have thirty (30) calendar days to deposit into the Design Fund an additional Design Payment, in the same amount as originally deposited. Each notice by Round Rock shall be accompanied by a written accounting report that identifies in reasonable detail all prior expenditures from the Design Fund. (iii) The foregoing process shall continue until such time as the Preliminary Design Costs have been paid in full. In the event that the Preliminary Design Costs exceed the original estimate, then each Party shall thereafter deposit within the Design Fund a sum equal to the product determined by multiplying each O:\wdox\CORR\unl\RWP-CEDARPRK\IA-PREENGRM\00107868 DOC Draft: clean: 12/12106 Party's Cost Allocation Percentage for the type of Preliminary Design Services by the Preliminary Design Costs for such services. (b) In the event that there are remaining funds within the Design Fund upon final completion of the Preliminary Design Services, then Round Rock shall promptly divide and remit within 30 calendar days such funds to the Parties on a pro rata basis according to the percentage of all Preliminary Design Costs previously paid by each of the Parties, or in the event the remaining funds are attributable to one or more specific Project Category designations, the remaining funds shall be remitted to the Parties according to each of the Party's Cost Allocation Percentage for the Project Category designation. Payment shall be accompanied by a written accounting describing the basis for calculation of payment to each Party. (c) All interest that accumulates within the Design Fund shall remain within such fund for payment of Preliminary Design Costs. 4.04 Disputes. In the event of any disputes among the Parties, the Parties agree that the City Managers Committee shall work diligently and in good faith to resolve the dispute as quickly as possible so as not to jeopardize the completion of the Regional Project in accordance with the Project Schedule. V. GENERAL PROVISIONS 5.01 Authority. This Agreement is made in part under the authority conferred in Chapter 791, Texas Government Code and Section 402.001, Texas Local Government Code. 5.02 Severability. The provisions of this Agreement are severable and, if any provision of this Agreement is held to be invalid for any reason by a court or agency of competent jurisdiction, the remainder of this Agreement will not be affected and this Agreement will be construed as if the invalid portion had never been contained herein. 5.03 Payments from Current Revenues. Any payments required to be made by a Party under this Agreement will be paid from current revenues or other funds lawfully available to the Party for such purpose. 5.04 Cooperation. The Parties agree to cooperate at all times in good faith to effectuate the purposes and intent of this Agreement. 5.05 Entire Agreement. Except as otherwise expressly provided herein, this Agreement contains the entire agreement of the Parties regarding the sharing of costs for the Preliminary Design Services and supersedes all prior or contemporaneous understandings or representations, whether oral or written, regarding the subject matter. The Parties confirm that further agreements regarding the Regional Project are contemplated and will not be affected or limited by this Agreement. 5.06 Amendments. Any amendment of this Agreement must be in writing and will be effective if signed by the authorized representatives of the Parties. O:\wdox\CORR\unl\RWP-CEDARPRK\IA-PREENGR' IA%\00107868 DOC901078H8.DAE Draft, clean: 12/12/06 5.07 Applicable Law; Venue. This Agreement will be construed in accordance with Texas law. Venue for any action arising hereunder will be in Williamson County, Texas. 5.08 Notices. Any notices given under this Agreement will be effective if (i) forwarded to a Party by hand -delivery; (ii) transmitted to a Party by confirmed telecopy; or (iii) deposited with the U.S. Postal Service, postage prepaid, certified, to the address of the Party indicated below: CEDAR PARK: 600 North Bell Blvd. Cedar Park, Texas 78613 Attn: Sam Roberts Telephone: (512) 258-4121 x6321 Facsimile: (512) 258-6083 Email: roberts@ci.cedar-park.tx.us with copy to: Leonard Smith P.O. Box 684633 Austin, Texas 78768 Telephone: (512) 474-6707 Facsimile: (512) 474-6706 Email: lsmith ,leonardsmithlaw.com ROUND ROCK: 221 East Main Round Rock, Texas 78664 Attn: Jim Nuse Telephone: (512) 218-5410 Facsimile:(512) 218-7097 Email: jnuse&round-rock.tx.us with copy to: Steve Sheets 309 E. Main Street Round Rock, Texas 78664-5264 Telephone: (512) 255-8877 Facsimile: (512) 255-8986 Email: slsheetsgsheets-crossfield.com Leander: P.O. Box 319 ,Leander Texas 78646-0319 Attn: Wayne Watts Telephone: (512) 259-1178 Facsimile: (512) 259-1605 Email: w.watts@ci.leander.tx.us with copy to: Diana Granger 223 W. Anderson Lane, Suite A-105 0:\wdox\CORR\unl\RWP-CEDARPRK\IA-PREENGRVME\00107868 DOC90}g�. Draft, clean: 12/12/06 Austin, Texas 78752 Telephone: (512) 323-5778 Telecopy: (512) 323-5773 Email: attorneys(a,cityattorneytexas.com 5.09 Force Majeure. Neither Owners nor Engineer shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. 5.10 Exhibits. The following exhibits are attached to this Agreement and incorporated herein by reference: Exhibit A - Cost Allocation Percentages Exhibit B - Project Schedule 5.11 Counterparts. Effect of Partial Execution. This Agreement may be executed simultaneously in multiple counterparts, each of which will be deemed an original, but all of which will constitute the same instrument. 5.12 Authority. Each Party represents and warrants that it has the full right, power and authority to execute this Agreement [SIGNATURES ON FOLLOWING PAGES] O:\wdox\CORR\unl\RWP-CEDARPRK\IA-PREENGRVYB\00107868 DOC90!87868:DOE ATTEST: Christine Martinez, City Secretary THE STATE OF TEXAS § COUNTY OF WILLIAMSON § CITY OF ROUND ROCK: Nyle Maxwell, Mayor Date: Draft, clean: 12/12/06 THIS INSTRUMENT was acknowledged before me on this day of , 2006, by Nyle Maxwell, as Mayor, of the City of Round Rock, a Texas home - rule city, on behalf of said city. Notary Public, State of Texas Printed/Typed Name of Notary My Commission Expires: O:\wdox\CORR\unl\RWP-CEDARPRK\IA-PREENGRVt(I\00107868 D0000197868.D9E CITY OF CEDAR PARK: ATTEST: I: LeAnn Quinn, City Secretary Bob Lemon, Mayor Date: THE STATE OF TEXAS § COUNTY OF WILLIAMSON § Draft: clean: 12112/06 THIS INSTRUMENT was acknowledged before me on this day of , 2006, by Bob Lemon, Mayor of the City of Cedar Park, a Texas home -rule city, on behalf of said city. Notary Public, State of Texas Printed/Typed Name of Notary My Commission Expires: 0:\wdox\CORR\unl\RWP-CEDARPRK\IA-PREENG&Wg9 00107868 D0000187868 DOE Draft, clean: 12/12/06 CITY OF LEANDER: ATTEST: By: Debbie Haile, City Secretary John Cowman, Mayor Date: THE STATE OF TEXAS § COUNTY OF TRAVIS § THIS INSTRUMENT was acknowledged before me on this day of , 2006, by John Cowman, Mayor of the City of Leander, a home -rule City of the State of Texas , on behalf of said City. Notary Public, State of Texas Printed/Typed Name of Notary My Commission Expires: O:\wdox\CORR\unl\RWP-CEDARPRK\IA-PREENGRVYS\00107868 DOC EXHIBIT "A" ALLOCATION OF COSTS Capacity Phase/Segment (MGD) Raw Water System and Barge Cedar Park 15.0 Leander 50.0 Round Rock 40.8 Total 105.8 Water Treatment Plant Cedar Park Leander Round Rock Total Transmission Line Segments Segment 1 Cedar Park Leander Round Rock Total Segment 2C Cedar Park Leander Round Rock Total Allocation of Costs Cedar Park Leander Round Rock Total 25% Initial Payment Cedar Park Leander Round Rock 15.0 50.0 40.8 105.8 15.0 50.0 40.8 105.8 15 50 40.8 78.8 Cost Allocation 14.18% 47.26% 38.56% 100.00% 14.18% 47.26% 38.56% 100.00% 14.18% 47.26% 38.56% 100.00% 14.18% 47.26% 38.56% 100.00% Draft, clean, 12/12/06 Costs $172,445 $574,735 $468,933 $1,216,112 $99,701 $332,290 $271,120 $703,112 $29,950 $99,820 $81,445 $211,215 $27,214 $90,701 $74,004 $191,919 $329,310 $1,097,545 $895,502 $2,322,358 $82,327.59 $274,386.35 $223,875.56 O:\wdox\CORR\unl\RWP-CEDARPRK\IA-PREENGRVY*\00107868 DOCOO!078b$:B9C Draft: clean: 12112/06 EXHIBIT B PROJECT SCHEDULE O:\wdox\CORR\unl\RWP-CEDARPRK\IA-PREENGRWS;\00107868 D0000107S68:DOE o \J 0 o W a • tet'" �. oOW v3w Q g w w 0 LLI AOOP(W . Rd YY4gm l LG )( Z F Z w uj Q Z uj Y L 0 2�3333 �� W W 3 QSQ" 4 t a C i ` co ..l I I loll I DATE: December 15, 2006 SUBJECT: City Council Meeting - December 21, 2006 ITEM: 9.F.1. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement Regarding Preliminary Design Services for a Regional Water System with the City of Cedar Park and the City of Leander. Department: Water and Wastewater Utilities Staff Person: Tom Word, Chief of Public Works Operations Justification: The Cities of Round Rock, Cedar Park and Leander have agreed to jointly pursue a Regional (Lake Travis) Water System that will ultimately provide an additional 105.8 million gallons per day of potable water to meet future water demands of the Cities based on projected population growth. This agreement is for the "Preliminary Design Services": these services will be provided by four (4) highly respected Engineering Firms in the area. These firms were selected based on the review of about 20 firms that responded to the Cities request for qualifications. All Preliminary Design Costs shall be shared by the Parties according to their ultimate capacity allocation percentage in the Regional Water System. These percentages are Round Rock, 38.56%; Cedar Park, 14.18%; and Leander, 47.26%. Fundinct: Cost: $895,501.25 Source of funds: Utility Self -Financed Construction - Water Outside Resources: N/A Background Information: N/A Public Comment: N/A INTERLOCAL AGREEMENT REGARDING PRELIMINARY DESIGN SERVICES FOR REGIONAL WATER SYSTEM THE STATE OF TEXAS § COUNTY OF WILLIAMSON § KNOW ALL BY THESE PRESENTS: THIS INTERLOCAL AGREEMENT REGARDING PRELIMINARY DESIGN SERVICES FOR REGIONAL WATER SYSTEM ("Agreement") is entered into between 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, Round Rock, Cedar Park and Leander are sometimes individually referred to as " Party" and collectively referred to as "Parties". Recitals WHEREAS, the growth of the Cities of Round Rock, Cedar Park and Leander necessitates the development of additional water supplies for each of these communities; and WHEREAS, the Parties have agreed to jointly pursue a regional water supply system that will ultimately provide an additional 105.8 million gallons per day of potable water supply to meet future water demands of the Parties based on projected population growth; and WHEREAS, Round Rock, Cedar Park and the Lower Colorado River Authority ("LCRA"). have previously entered into multiple agreements in anticipation of the regional water supply system, including: (i) the "Interlocal Agreement Regarding Design of New Hope Regional Waterline" between Round Rock, Cedar Park and LCRA dated December 15, 2005; (ii) the "Interlocal Agreement Regarding Construction of Regional Water Line" between Round Rock, Cedar Park and LCRA dated March 23, 2006; (iii) the "Interlocal Agreement for Interim Water Supply" between Round Rock and Cedar Park dated March 9, 2006; (iv) the Interlocal Agreement Regarding Water Supply Agreement Obligations between LCRA and Cedar Park, dated March 9, 2006; and the Wholesale Potable Water Service Agreement between the Brazos River Authority, LCRA and Leander dated March 2, 1998; and WHEREAS, the Parties desire to proceed with the preliminary design and other consulting services related to the regional water system project; and WHEREAS, the purpose of this Agreement is to set forth the terms and conditions pursuant to which the Parties shall authorize preliminary design and other consulting services related to the regional water system project, and pursuant to which the Parties will cost participate in all costs and expenses related thereto. NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and agreements of the Parties contained in this Agreement, the Parties agree as follows: 0:\wdox\CORR\unl\RWP-CEDARPRK\IA-PREENGRWS\00108228. DOC I. DEFINITIONS When used in this Agreement, capitalized terms not otherwise defined shall have the meanings set forth below: 1.01 "Agreement" means this Interlocal Agreement Regarding Preliminary Design Services for Regional Project. 1.02 "Cedar Park" means the City of Cedar Park, Texas 1.03 "Cost Allocation Percentage" means the percentage of Preliminary Design Costs to be paid by each Party. The Cost Allocation Percentages for each category of Preliminary Design Services and are set forth on Exhibit "A" attached hereto. 1.04 "Design & Oversight Committee" or "D.O. Committee" means the engineering representative(s) selected by each Party for purposes of overseeing the implementation of the preliminary design of the Regional Project in accordance with the PER and the Project Schedule, as more particularly described in Art. II. 1.05 "Design Fund" means a fund to be established and administered by Round Rock in accordance with Section 4.03 in order to provide monies to pay the Preliminary Design Costs. 1.06 "Effective Date" means the last date of execution of this Agreement by the Parties; provided all of the Parties must execute this Agreement for it to be effective. 1.07 "LORA" means the Lower Colorado River Authority. 1.08 "Leander" means the City of Leander, Texas. 1.09 "New Hope Water Line" means the water transmission line and related equipment and appurtenances being constructed by Cedar Park on behalf of the Parties in accordance with the terms of the New Hope Water Line Construction Agreement. 1.10 "New Hope Water Line Construction Agreement" means that certain Interlocal Agreement Regarding Construction of Regional Water Line" dated March 23, 2006, between Round Rock, Cedar Park, and LCRA relating to the construction of the New Hope Water Line. 1.11 "Party" or "Parties" means Cedar Park, Round Rock, and/or Leander, individually or collectively, as applicable. 1.12 "PER" means the "Regional Water Supply Project Engineering Design Report" prepared by HDR Engineering, Inc. and dated November 2006. 1.13 "Preliminary Design Services" means the preliminary engineering and other services to be performed by the Project Consultants pursuant to the Preliminary Design Contracts. 2 1.14 "Preliminary Design Contracts" means those certain contracts for engineering services to be approved by the Parties pursuant to which the Project Consultants shall provide Preliminary Design Services. 1.15 "Preliminary Design Costs" means all costs and expenses incurred by the Parties pursuant to the Preliminary Design Contracts for Preliminary Design Services. 1.16 "Project Consultant(s") means one or more of the following firms which are parties to the Preliminary Design Contracts with the Parties for each category of the Preliminary Design Services, as follows: (a) Carter & Burgess, Inc. for the Raw Water System and Barge; (b) Camp Dresser & McKee, Inc. for the Water Treatment Plant; (c) Lockwood, Andrews and Newnam, Inc. for Segment 1 of the Treated Water Transmission Line; and (d) K Friese & Associates for Segment 2C of the Treated Water Transmission Line. 1.17 "Regional Project" means the regional water supply system, which will ultimately provide an additional 105.8 million gallons per day of potable water supply to meet future water demands of the Parties, based on projected population growth, as more fully described in the PER. 1.18 "Round Rock" means the City of Round Rock, Texas. 1.19 "Project Schedule" means the Regional Water System Project Schedule attached as Exhibit "B". II. DESIGN AND OVERSIGHT COMMITTEE 2.01 Composition of D.O. Committee. There is hereby created a Design & Oversight Committee ("D.O. Committee") to be composed of one representative appointed by each Party. The following persons are hereby designated as the initial members of the D.O. Committee: Kenneth Wheeler on behalf of Cedar Park; Wayne Watts on behalf of Leander; and Don Rundell on behalf of Round Rock. Each representative of a Party shall serve at the will of the governing body (or its designee) that the person represents. Upon the incapacitation, resignation, or revocation of the power of such representative , the governing body of the appropriate Party (or its designee) shall promptly appoint a new representative to the D.O. Committee, and shall immediately notify the other Parties in writing of such appointment. Each Party may appoint one or more alternate representatives as it deems necessary and proper. 2.02 Responsibility of D.O. Committee. The D.O. Committee shall: (i) Attend and participate in regular meetings with the Project Consultants to monitor the status of the Preliminary Design Services and to provide direction and recommendations with respect thereto; (ii) Review and unanimously approve in writing the preliminary design report, routing and location of the Regional Project facilities produced by the Project Consultants in accordance with the PER; (iii) Review and unanimously approve in writing any revisions to the scope of Preliminary Design Services to be performed by any Project Consultants; (iv) Confirm in writing the final completion of Preliminary Design Services under the Preliminary Design Contracts in accordance with the PER and the Project Schedule; and (v) Address any other pertinent matters relating to the Preliminary Design Services. The D.O. Committee shall meet at regular intervals to review the matters over which it has authority. The D.O. Committee shall be diligent, prompt and timely in reviewing and acting on matters submitted to it. III. PRELIMINARY DESIGN SERVICES 3.01 Preliminary Design and Project Management Services. (a) The Parties intend to enter into Preliminary Design Contracts in the form unanimously approved by the Parties. (b) Once approved, the scope of Preliminary Design Services, including any proposed changes to a Project Consultant's compensation in connection therewith, may only be modified by unanimous written authorization from the Parties, which authorization shall be set forth in a "Supplemental Contract" executed by each Party. (c) The Parties mutually acknowledge and agree to cooperate together to retain the services of a qualified individual or firm to provide project management services for the Regional Project in general and this Agreement in particular. Pending the engagement of such individual or firm, the Parties acknowledge that this Agreement will be managed by a committee composed of the City Managers for each Party (the "City Managers Committee"). The three City Managers will choose one of them to be the chairman of the City Managers Committee. 3.02 D.O. Committee Participation. (a) The D.O. Committee shall prepare a schedule of meetings with the Project Consultants that shall be approved by all members of the D.O. Committee. The foregoing shall not be construed to prohibit any Party from communicating with Project Consultants regarding the Preliminary Design Services without the presence or participation of the other Parties, or from meeting with the Project Consultants when it is not practicable to schedule a meeting with the D.O. Committee. (b) The Parties agree that the final route and location of the Regional Project facilities will not be finalized until the D.O. Committee has reviewed and unanimously approved in writing such design and location. (c) Within ten (10) business days of receipt of any preliminary and/or final reports prepared by the Project Consultants, the members of the D.O. Committee shall specify in writing to each other any objections regarding the draft reports, and any proposed revisions thereto. If any member of the D.O. Committee fails to object in writing to the report within the ten (10) -business -day period, then that member shall be deemed to have approved the draft report. In the event that any member of the D.O. Committee timely objects to the draft report, then the D.O. Committee shall endeavor in good faith to resolve the matter by unanimous agreement. If the D.O. Committee cannot unanimously agree to the proper resolution within fifteen (15) business days, then the D.O. Committee shall refer the dispute to the City Managers Committee. The City Managers Committee shall work diligently and in good faith to resolve the dispute as quickly as possible so as not to jeopardize the completion of the Regional Project in accordance with the Project Schedule. 3.03 Work Product. (a) Any Party is entitled to copies of any work product produced by the Project Consultants in connection with the Preliminary Design Services. The Party requesting a copy of such information shall pay all reasonable costs incurred in preparing and furnishing the copies. (b) In accordance with, and subject to the terms and conditions set forth in the Preliminary Design Contracts, the Parties may utilize the work product produced by the Project Consultants for their own purposes. IV. PAYMENT OF PRELIMINARY DESIGN COSTS. 4.01 Allocation of Preliminary Design Costs. The Parties shall require each Project Consultant to categorize the costs and services for which it seeks payment under the Preliminary Design Contracts into one of the following project categories (the "Project Categories") for purposes of applying the correct Cost Allocation Percentage and thereby calculating each Party's share of the Preliminary Design Costs, as hereinafter set forth: (i) "Raw Water System and Barge"; "Water Treatment Plant"; "Transmission Line Segment 1"; or (iv) "Transmission Line Segment 2C". The Parties shall also require the Project Consultants to prepare separate invoices for each of the project categories for payment. 4.02 Payment of Preliminary Design Costs. (a) All Preliminary Design Costs shall be shared by the Parties according to the Cost Allocation Percentages applicable to each Project Category designation, as set forth in Exhibit "A" attached hereto. (b) The Parties agree that Project Consultants will be instructed to send all invoices to Round Rock and that upon receipt of each invoice from the Project Consultants, Round Rock shall review the invoice and confirm: (i) that the Preliminary Design Services have been completed in accordance with the request for payment; (ii) that Preliminary Design Services for which payment is sought have been properly allocated to the correct Project Category; and (iii) that each invoice does not seek payment for services for more than one Project Category. (c) Upon Round Rock's approval of each invoice for Preliminary Design Services, Round Rock will transmit a copy of the approved invoice to the Cedar Park and Leander representatives on the D.O. Committee. Within ten (10) business days of receipt of the invoice for payment, the members of the D.O. Committee shall specify in writing to Round Rock any objections regarding the invoice for payment, including any objections regarding the Project Category designation. If any member of the D.O. Committee fails to object in writing to the invoice within the ten (10) business day period, then the Party represented by such D.O. Committee member shall be deemed to have approved the invoice for payment and the Project category designation. In the event that any member of the D.O. Committee timely objects to the invoice or Project Category designation, then the matter shall be resolved in accordance with the following procedures: (i) If the objection relates to the performance of work or services by a Project Consultant, then the D.O. Committee shall exercise all rights to which it is entitled under the Preliminary Design Contract to resolve the dispute, require correction of the defective work, and otherwise address the concern of the objecting member of the D.O. Committee. (ii) In the event that any member of the D.O. Committee objects to an invoice for reasons not related to the performance of work or services by the Project Consultant, including by way of example whether the correct Project Category designation has been applied, then the D.O. Committee shall endeavor in good faith to resolve the matter by unanimous agreement. If the D.O. Committee cannot unanimously G agree to the proper resolution within thirty (30) calendar days of the date of written objection, then the invoice shall be paid as received; provided, however, that any Party may subsequently seek a determination of the proper Project Category designation through the dispute resolution process set forth in Sec. 4.04 below, and the allocation of costs between the Parties shall be adjusted in accordance with such determination. Any such request for dispute resolution must be brought within thirty (30) calendar days of the date of written objection. (d) The Parties agree that the cost of Round Rock's performing the aforesaid financial administration and other general administrative services is the sum of $3,500.00 per month, not to exceed $42,000 total, which shall be shared and allocated among the Parties as follows: Cedar Park: 14.18% Leander: 47.26% Round Rock 38.56% (e) In the event of termination of this Agreement prior to the completion of the Regional Project, all Parties shall provide payment of their pro rata share of the Preliminary Design Costs incurred prior to and through the date of the termination. 4.03 Design Fund. (a) The Parties shall contribute monies to the Design Fund in accordance with the following provisions: (i) Within ten (10) calendar days of execution of the Preliminary Design Contracts by the Parties, each Party shall deposit into the Design Fund a sum ("the Design Payment"), which represents twenty five percent (25%) of each Party's share of the estimated Preliminary Design Costs. Each Party's estimated Design Payment, based on the estimated Preliminary Design Costs set forth in Exhibit "A" attached hereto, is set forth below: 1) Round Rock- $223,875.56; 2) Leander- $274,386.35; and 3) Cedar Park- $82,327.59. (ii) At such time as the balance in the Design Fund is substantially depleted, as determined in Round Rock's reasonable discretion, Round Rock shall provide written notice (by email or otherwise) thereof to the other Parties, each of which shall have thirty (30) calendar days to deposit into the Design Fund an additional Design Payment, in the same amount as originally deposited. Each notice by Round Rock shall be accompanied by a written accounting report that identifies in reasonable detail all prior expenditures from the Design Fund. 7 (iii) The foregoing process shall continue until such time as the Preliminary Design Costs have been paid in full. In the event that the Preliminary Design Costs exceed the original estimate, then each Party shall thereafter deposit within the Design Fund a sum equal to the product determined by multiplying each Party's Cost Allocation Percentage for the type of Preliminary Design Services by the Preliminary Design Costs for such services. (b) In the event that there are remaining funds within the Design Fund upon final completion of the Preliminary Design Services, then Round Rock shall promptly divide and remit within 30 calendar days such funds to the Parties on a pro rata basis according to the percentage of all Preliminary Design Costs previously paid by each of the Parties, or in the event the remaining funds are attributable to one or more specific Project Category designations, the remaining funds shall be remitted to the Parties according to each of the Party's Cost Allocation Percentage for the Project Category designation. Payment shall be accompanied by a written accounting describing the basis for calculation of payment to each Party. (c) All interest that accumulates within the Design Fund shall remain within such fund for payment of Preliminary Design Costs. 4.04 Disputes. In the event of any disputes among the Parties, the Parties agree that the City Managers Committee shall work diligently and in good faith to resolve the dispute as quickly as possible so as not to jeopardize the completion of the Regional Project in accordance with the Project Schedule. V. GENERAL PROVISIONS 5.01 Authority. This Agreement is made in part under the authority conferred in Chapter 791, Texas Government Code and Section 402.001, Texas Local Government Code. 5.02 Severability. The provisions of this Agreement are severable and, if any provision of this Agreement is held to be invalid for any reason by a court or agency of competent jurisdiction, the remainder of this Agreement will not be affected and this Agreement will be construed as if the invalid portion had never been contained herein. 5.03 Payments from Current Revenues. Any payments required to be made by a Party under this Agreement will be paid from current revenues or other funds lawfully available to the Party for such purpose. 5.04 Cooperation. The Parties agree to cooperate at all times in good faith to effectuate the purposes and intent of this Agreement. 5.05 Entire Agreement. Except as otherwise expressly provided herein, this Agreement contains the entire agreement of the Parties regarding the sharing of costs for the Preliminary Design Services and supersedes all prior or contemporaneous understandings or representations, whether oral or written, regarding the subject matter. The Parties confirm that further agreements regarding the Regional Project are contemplated and will not be affected or limited by this Agreement. 5.06 Amendments. Any amendment of this Agreement must be in writing and will be effective if signed by the authorized representatives of the Parties. 5.07 Applicable Law; Venue. This Agreement will be construed in accordance with Texas law. Venue for any action arising hereunder will be in Williamson County, Texas. 5.08 Notices. Any notices given under this Agreement will be effective if (i) forwarded to a Party by hand -delivery; (ii) transmitted to a Party by confirmed telecopy, or (iii) deposited with the U.S. Postal Service, postage prepaid, certified, to the address of the Party indicated below: CEDAR PARK: 600 North Bell Blvd. Cedar Park, Texas 78613 Attn: Sam Roberts Telephone: (512) 258-4121 x6321 Facsimile: (512) 258-6083 Email: roberts@ci.cedar-park.tx.us with copy to: Leonard Smith P.O. Box 684633 Austin, Texas 78768 Telephone: (512) 474-6707 Facsimile: (512) 474-6706 Email: lsmilh@leonardsmithlaw.com ROUND ROCK: 221 East Main Round Rock, Texas 78664 Attn: Jim Nuse Telephone: (512) 218-5410 Facsimile:(512) 218-7097 Email: jnuse@round-rock.tx.us with copy to: Steve Sheets 309 E. Main Street Round Rock, Texas 78664-5264 Telephone: (512) 255-8877 Facsimile: (512) 255-8986 Email: -slsheets@sheets-crossfield.com com Leander: Attn: Wayne Watts P.O. Box 319 Leander, Texas 78646-0319 Attn: Wayne Watts Telephone: (512) 259-1178 Facsimile: (512) 259-1605 Email: w.watts@ci.leander.tx.us E with copy to: Diana L. Granger 223 W. Anderson Lane, Suite A-105 Austin, Texas 78752 Telephone: (512) 323-5778 Telecopy: (512) 323-5773 Email: attOMU—SQcityattorneytexas corn 5.09 Force Majeure. The Parties shall not be deemed in violation of this Contract if Prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. 5.10 Exhibits. The following exhibits are attached to this Agreement and incorporated herein by reference: Exhibit A - Cost Allocation Percentages Exhibit B - Project Schedule 5.11 Counterparts. Effect of Partial Execution. This Agreement may be executed simultaneously in multiple counterparts, each of which will be deemed an original, but all of which will constitute the same instrument. 5.12 Authority. Each Party represents and warrants that it has the full right, power and authority to execute this Agreement [SIGNATURES ON FOLLOWING PAGES] a CITY OF ROUND ROCK: A TESUT: By: Christine Martinez, City Secretary &e.1, :: Date: - i a 11 ATTEST: CITY OF CEDAR PARK: By:Wil, %ejiltr&eemftry �� a Bob Lemon, Mayor zka k A.*srwr Date: / z� 2od6 12 A S By: e ie Haile, City Secretary V Date: F 0 . kout��� Cowman, Mayor 13 EXHIBIT "A" ALLOCATION OF COSTS Water Treatment Plant Cedar Park Capacity Phase/Segment MGD Raw Water System and Barge Cedar Park 15.0 Leander 50.0 Round Rock 40.8 Total 105.8 Water Treatment Plant Cedar Park 15.0 Leander 50.0 Round Rock 40.8 Total 105.8 Transmission Line Segments Segment 1 Cedar Park 15.0 Leander 50.0 Round Rock 40.8 Total 105.8 Segment 2C Cedar Park Leander Round Rock Total Allocation of Costs Cedar Park Leander Round Rock Total 25% Initial Payment Cedar Park Leander Round Rock 15 50 40.8 78.8 Cost Allocation 14.18% 47.26% 38.56% 100.00% 14.18% 47.26% 38.56% 100.00% 14.18% 47.26% 38.56% 100.00% 14.18% 47.26% 38.56% 100.00% 14 Costs $172,445 $574,735 $468,933 $1,216,112 $99,701 $332,290 $271,120 $703,112 $29,950 $99,820 $81,445 $211,215 $27,214 $90,701 $74,004 $191,919 $329,310 $1,097,545 $895,502 $2,322,358 $82,327.59 $274,386.35 $223,875.56 EXHIBIT B PROJECT SCHEDULE 15 t Cedar Park-Round Rock-Leander Regional Water System Project Schedule !2009 ;2010 _ j Working Das Start Finish Nov Dec 2dan Feb Mar A r Ma Jun Jul s Au Se Oci NovyDec 07 �OJan-� b T-Mar A r 1 Ma Jun Jul { Aug Sep ! Oct Nov Dec • Jan 7-Feb i Mar Apr M�-a -s jus 1 Jul t Aug ; Sep r Oct_ Nov Dec Jan Feb Mar Apr MM ID Task Name 9 Y ! I ���-��_�-�.��.—_l—._� �p--ur. .-_ ����' _ .� _ �i_�_1� Design Notice to Proceed - 1 day Tue 1/2/07 Tue 1/2/07 2 yj .�- Raw Water Piping - 824 days - - Wed 1/3/07 Mon 3/1/10 Land/Easement Acquisition 253 days Wed 1/3/07 Fri 12/21/07 : : - _ - 4 j - Permitting - 243 days Wed 1/3/07 Fri 1217/07 5 Bird Monitoring 67 days ". Thu 3/1/07 Fri 6/1/07 s i O 8 i Permit Prep and Processing -..- .-243 days Wed 1/3/07 Fri 12/7/07 7 r Surveying&Geotech 100 days Wed 7/3/07 Tue 5/22/07 87 -. Preliminary Design . - 61 days Wed 1/3/07 Wed 3/28/07 +V MMMMMW g - . Preliminary Evaluations 60 days Wed 1/3/07 Tue 3/27/07 ! 10 { Preliminary Design Memo 1 day Wed 3/28/07 Wed 3/28/07 15 v -Final Design -- 135 days Thu 3/29/07 Wed 10/3/07 - i 15 k .. Design- - �. - 135 days Thu 3/29/07 Wed 10/3{07 - 13 --�- Bidding "-- - - - -- - 92 days Thu 10/4/07 Fri 2/8/08 14 f TCEQ/Development Permits - 60 days - Thu 10/4{07 Wed 12/26/07- -- - ----- -- 15 i"� Bidding and Award 45 days Mon 12/10/07 Fri 2008 -- i 16 -i -- ".Construction- . -- 496 days Mon 2/11/08 Mon 1/4/10 - _ - _ 17 f.zq 2008 Bird Mating Season 730 days Mon 3/3/08 Fri 8/29/08 - 18 I 2009 Bird Mating Season 132 days Mon 3/2/09 Tue 9/7/09 70 - Inititial Construction in Habitat 130 days Mon 9/1/08 Sun 3/1/09 it -- - 20 I Finish Construction in Habitat .-90 days Tue 9/1/09 Mon 1/4/10 = -- - - - - --- '- -— 21 --. Construction of Remaining Sections 250 days Mon 2/17/08 Fri 1/23/09 --- -- - - 22 1 ..-Startup -- 40 days Tue 1/5/10 Mon 3/1/10 -- _I 23 -_-- Floating Intake- - 827 days _ Wed 1/3/07 Thu 3/4/10 i Preliminary Design - -- 61 days Wed 1/3/07 Wed 3/28/07 1 f 25 -- --- Preliminary Evaluations 60 days Wed 1/3/07 Tue 3/27/07 - 26 Preliminary Design Memo 1 day Wed 3/28/07 Wed 3/28/07 - - .- 170 days Thu 3/29/07 Wed 11/21/07 27 ! Final Design Y - 28 Ik ._ Design 170 days -_.. Thu 3/29/07 Wed 11/21/07 --- E _ 29 Bidding 336 days Thu 11122/07 Thu 3/5/09 30 S TCEQ/Development Permits - 60 days Thu 11/22/07 Wed 2/13/08 = 31 11 - Bidding and Award 45 days Fri 1/2/09 Thu 3/5/09 3 j -- Construction ." 200 days Fri 3/6/09 Thu 12/10/09 --- 33 i1 Construction 200 days Fri 3/6/09 Thu 12/10/09 q . 34 ( Startup 60 days Fr!12/11/09 Thu 3/4/101 ..... .:.:. 35 n Regional Water Plant - - 869 days Wed 1/3/07 Mon 5/3/10 - 36�1 Land Acquisition 253 days Wed 1/3/07 Fri 12/21/07 37 -. -Permitting--. -- 250 days- Wed 1/3/07 Tue 12/18/07 - ---- -- - 38 - Surveying&Geotech 90 days Wed 1/3/07 Tue 5/8/07 39 j-- -Preliminary Design 61 days Wed 1/3/07 Wed 3/28/07 q0'!- -" - Preliminary Evaluations 60 days Wed 1/3/07 Tue 3/27/07 i-- —-- —}, b 41 - - Preliminary Design Memo 1 day Wed 3/28/07 Wed 3/28/07 42 - .- Final Design 200 days Thu 3/29/07 Wed 1/2/08 j Design ... 200 days Thu 3/29/07 Wed 1/2/08' ,. ....... 44 1- --Bidding - -. 70 days -. Thu 1/3/08 Wed 4/9/08- --J.-_ - 45 1 TCEQ/Development Permits 70 days Thu 1/3/08 Wed 4/9/08 --- { 46 - - - Bidding and Award - . -45 days . Thu 1/3/08 Wed 3/5/08i --- _ 47 i Construction 520 days Thu 4/10/08 Wed 4/7/10 - Construction - - .- 520 days-- Thu 4/10/08 Wed 4/7/10 .. 49 f jj - --Startup .60 days Tue 2/9/10 Mon 5/3/10 50 Transmission System - . 913 days Wed 11/1/06 .-Fri 4/30/10 51 �?" -Land/Easement Acquisition 258 days Wed 1/3/07 Fri 12/28/07 - _ - - -- 527 -Permitting 200 days Wed 1/3/07 Tue 10/9/07; - I - Surveying&Geotech -- - - too days - Wed 1/3/07 -Tue 5/22/07 54 f Preliminary Design 61 days Wed 1/3/07 --Wed 3/28/07 55 1 Preliminary Evaluations 60 days Wed 7/3/07 Tue 3!27/07 _�_L_._. ----___-_.-_—__---- __----- - ----" '--___._-----� -------_ .a'----------.__.__.. _��__.___._.._.--------___._ _ .--_ .___ _�_--------------------'------- ----� Project:CP-RR-L Project Schad Task ' "''"'`1 Progress Summary ^ Rolled Up Critical Task ��""_''? =-7 Rolled Up Progress External Tasks Group By Summary Date:Wed 12/6/06 Critical Task ` _.:',""'='`i Milestone Rolled Up Task """�` Rolled Up Milestone Split Project Summary Page 1 of 3 t Cedar Park-Round Rock-Leander Regional Water System Project Schedule 62007 _ ,2008 j2009_ _ _ 32010 ID — Task Name f Working Days_!—_—Stan { Finish Nov Dec Jan eb Mar— Apr May Jun Jul i Aug-{Sep ; Oci! Nov I Dec Jan eb^ Mar Apr_ May rJun i—' Jul— Aug eS p Oct ; Nov Dec I Jan 'Feb E Mar Apr I Nam Jun ; Jul '!�A� Sep�—Oct i Nov I Dec Jan Feb Mar Apr May �__— — 56 1-74 Seg 1 Preliminary Desgn Memo 1 day Wed 3/28/07 Wed 3/28/07 67 Seg 2C Preliminary Design Memo 1 day Wed 3/28/07 Wed 3/28/07 : —56--;74 - Seg 3 Preliminary Design Memo-TBD 1 day Wed 3/28/07 Wed 3/28/07 59 -.Final Design_ 170 days Wed 5/23/07 Tue 1/15/08 r - - 170 days Wed 5/23/07 Tue 1/15/08 - - 60 1 Segment 1 Design - C4 .. ` - 170 days .." Wed 5/23/07 Tue 1/15/08 Segment 2C Design - S --- -1 da " Wed 5/23/07 Wed 5/23/07 - 62 j - Segment 3 Design TBD y a --- 63 1 Bidding 208 days Wed 1/16/08 Fri 10/31/08 i = 64 ! - TCEO/Development Permits 60 days Wed 1/16/08 Tue 4/8/08' 65 Segment 1 Bidding&Award 45 days Mon 9/1108 Fri 10/31/08- 66 Segment 2C Bidding&Award 45 days Mon 9/1/08 Fri 10/31/oB 67 i Segment 3 Bidding&Award-TBD 1 day Mon 9/1/08 Mon 9/1/06 853 days Wed 11/1/06 Fri 2/5/10 68 Construction 69 --- Segment 1 Construction 330 days Mon 11/3/08 Fn 2/5/10 70 Segment 2A/26 Construction 118 days Wed 1111/06 Fri 4/13/07 ::: 7j� - Segment 2C Construction 330 days Mon 11/3/08 Fri 2/5/10 _ 7�t - -- Segment 3 Construction TBD 1 day Tue 9/2/08 Tue 9/2/08 7Y—1 Stamp " .-- 60 days 1 day Mon 5/3 - Mon 2/8/10 Fri 4/30/10 7—i74 /10 Mon 5/3/10 I Phase I Final Completion : _—_— �__—�_ --- ---- ------- - -- — -- Project:CP-RR-L Project Sched Task E.,_�J Progress Summary ^ Rolled Up Critical Task G`"�":"' Rolled Up Progress External Tasks Group By Summary Date:Wed 12/6/06 Critical Task "' "7 Milestone Rolled Up Task F "'"`I Rolled Up Milestone O Split Project Summary Page 2 of 3