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R-05-12-01-9F5 - 12/1/2005RESOLUTION NO. R -05-12-01-9F5 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 Design of New Hope Regional Waterline with the City of Cedar Park and the Lower Colorado River Authority, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That subject to approval of the Agreement by the Lower Colorado River Authority the Mayor is hereby authorized and directed to execute on behalf of the City an Interlocal Agreement Regarding Design of New Hope Regional Waterline with the City of Cedar Park and the Lower Colorado River Authority, 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 1st day of December, N Cit CHRISTINE R. MARTINEZ, City Secre 2PFDeskiop\::0DMA/WORLDOX/0:/WDOX/5ESOLUTI/R51207.r,.G7PD/sc u; -t WELL, ayor of Round Rock, Texas INTERLOCAL AGREEMENT REGARDING DESIGN OF NEW HOPE REGIONAL WATERLINE THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON THIS INTERLOCAL AGREEMENT REGARDING DESIGN OF NEW HOPE REGIONAL WATERLINE ("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 Lower Colorado River Authority, a political subdivision of the State of Texas ("LCRA"). In this Agreement, Round Rock, Cedar Park and LCRA are sometimes individually referred to as "a Party" and collectively referred to as "the Parties". WHEREAS, the Parties have agreed to jointly pursue planning for and implementation of a regional water supply system (the "Project"), which will ultimately provide an additional 93.8 million gallons per day of potable water supply to meet future water demands of the Parties, based on projected population growth; and WHEREAS, Cedar Park previously initiated the design of certain water system improvements, including a 24 -inch water transmission main within the right-of-way for the reconstruction of New Hope Road from Bagdad Road to U.S. 183A (the "New Hope Waterline Segment"), but, in order to serve the water supply needs of all of the Parties though the Regional Project, this line would need to be constructed as a 72 -inch line; and WHEREAS, due to Cedar Park's obligation to complete the reconstruction of New Hope Road in order to provide a connection to the 183-A Tollway, which is currently under construction and will be complete in March 2007, Cedar Park must award a contract in January 2006 and begin the New Hope Road reconstruction and the New Hope Waterline Segment by March, 2006; and WHEREAS, if the New Hope Waterline Segment is to be constructed as a 72 -inch line rather than as a 24 -inch line, the design must be commenced by December 2, 2005 and completed by January 2006, in order to avoid a delay in the timing of the New Hope Road reconstruction; WHEREAS, in order to preserve the opportunity to construct the New Hope Waterline Segment sized to serve all of the Parties as a portion of the Regional Project, the Parties desire to cost participate in the re -design of the New Hope Waterline Segment as a 72 -inch line; 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: 227997-5 11/18/2005 EXHIBIT b B a nAn I. DESIGN OF NEW HOPE WATERLINE 1.01 Preparation of Alternate Design. Within five days of approval of this Agreement by all of the Parties, Cedar Park will enter into the supplemental engineering services agreement with Lockwood Andrews Newman, Inc. which is attached as Exhibit "A" ("LAN Proposal"), for the design of the New Hope Waterline Segment as a 72 -inch line (the "Alternate Design Work"). 1.02 Cost of Design. Cedar Park will advance and pay the cost of the Alternate Design Work, subject to its right to reimbursement by each of the other Parties for a portion of such cost based on the cost allocation percentages set forth on the attached Exhibit "B", which are based on the Parties' projected capacity requirements in the proposed 72 -in Transmission Line from Bagdad Rd. to Parmer Lane (the "Cost Allocation Percentages"). 1.03 Effect of Partial Execution; Alternative Cost Allocation Percentages. This Agreement will become effective binding on a Party when executed. If less than all of the Parties execute this Agreement, this Agreement will be binding on all Parties who have executed. The failure of one Party to sign will not impair the effectiveness of this Agreement as to the signing Parties, but will result in the reallocation of the costs of the Alternate Design Work among the signing Parties only, based on the appropriate alternative Cost Allocation Percentages set forth on Exhibit "B". 1.04 Reimbursement of Costs. Upon Cedar Park's approval of each invoice for the Alternate Design Work, Cedar Park will transmit a copy of the invoice to the other Parties. The other Parties each agree to pay its prorata portion of each invoice, which will be determined by multiplying its respective Cost Allocation Percentage by the total amount of the approved invoice, to Cedar Park within 30 days after delivery of the invoice (the "Due Date"). Each invoice submitted by Cedar Park for reimbursement will reference the LAN Proposal and clearly describe the work done in connection with the Alternate Design Work. Any amounts due to Cedar Park which are not paid within 30 days of delivery will accrue interest at the rate of 7% per annum from the Due Date until paid. II. GENERAL PROVISIONS 2.01 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. 2.02 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. 2.03 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. 2 227997-5 11/18/2005 2.04 Cooperation. The Parties agree to cooperate at all times in good faith to effectuate the purposes and intent of this Agreement. 2.05 Entire Agreement. This Agreement contains the entire agreement of the Parties regarding the sharing of costs for the Alternate Design Work 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. 2.06 Amendments. Any amendment of this Agreement must be in writing and will be effective if signed by the authorized representatives of the Parties. 2.07 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. 2.08 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: with copy to: ROUND ROCK: 3 227997-5 11/18/2005 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 Leonard Smith P.O. Box 684633 Austin, Texas 78768 Telephone: (512) 474-6707 Facsimile: (512) 474-6706 Email: lsmith@leonardsmithlaw.com 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: LCRA: 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 3701 Lake Austin Blvd. Austin, Texas 78703 Attn: Jim Clarno Telephone: (512) 473-3386 Facsimile: (512) 397-6722 Email: james.clarno@lcra.org Madison Jechow 3700 Lake Austin Blvd., Ste. H424 Austin, Texas 78703 Telephone: (512) 473-4067 Telecopy: (512) 473-4010 Email: Madison.Jechow@lcra.org 2.09 Exhibits. The following exhibits are attached to this Agreement and incorporated herein by reference: Exhibit A - LAN Proposal Exhibit B - Cost Allocation Percentages 2.10 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. 2.11 Authority. Each Party represents and warrants that it has the full right, power and authority to execute this Agreement. 4 227997-5 11/18/2005 ATTEST: City Secretary THE STATE OF TEXAS COUNTY OF WILLIAMSON § § § THIS INSTRUMENT was , 2005, by City of Round Rock, a Texas home -rule 227997-5 11/18/2005 CITY OF ROUND ROCK: By: Printed Name: Title: Date: acknowledged before me on this day of , as , of the city, on behalf of said city. Notary Public, State of Texas Printed/Typed Name of Notary My Commission Expires: 5 ATTEST: CITY OF CEDAR PARK: City Secretary THE STATE OF TEXAS COUNTY OF WILLIAMSON By: Printed Name: Title: Date: THIS INSTRUMENT was acknowledged before me on this day of , 2005, by , as , 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: 6 227997-5 11/18/2005 ATTEST: LOWER COLORADO RIVER AUTHORITY: City Secretary THE STATE OF TEXAS COUNTY OF WILLIAMSON § § § By: Printed Name: Title: Date: THIS INSTRUMENT was acknowledged before me on this day of , 2005, by , as , of the Lower Colorado River Authority, a political subdivision of the State of Texas , on behalf of said subdivision. Notary Public, State of Texas Printed/Typed Name of Notary My Commission Expires: 7 227997-5 11/18/2005 EXHIBIT "A" LAN PROPOSAL 227997-5 11/18/2005 WORK AUTHORIZATION BASED UPON MASTER AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS A WORK AUTHORIZATION made as of , 2005, between the City of Cedar Park ("OWNER") and Lockwood, Andrews & Newnam, Inc. ("ENGINEER") and is governed by all provisions of the OWNER -ENGINEER MASTER AGREEMENT dated March 29, 2001. OWNER intends to Construct approximately 11,000 linear feet of 72 -inch water line along New Hope Road from Bagdad Road to east of proposed Hwy 183A (the "Project"). OWNER AND ENGINEER in consideration of their mutual covenants herein agree in respect of the performance orfumishing of professional engineering services by ENGINEER with respect to the Project and the payment for those services by OWNER as set forth below and in the Master Agreement between the parties dated March 29, 2001. Execution of the Work Authorization by ENGINEER and OWNER constitutes OWNER's written authorization to ENGINEER to proceed on the date first above written with the first phase of the Basic Services described in Section 2 of the Master Agreement and as further set forth in Exhibit A, "Further Description of Basic Engineering Services and Related Matters" ("Exhibit A") of this Work Authorization and in the other exhibits listed in Section 9 of the Master Agreement and as designated below. This Work Authorization will become effective on the date first above written. EXHIBIT Page 1 of 2 pages LANI93 SECTIONS 1-8—AS IDENTIFIED IN MASTER AGREEMENT SECTION 9—EXHIBITS AND SPECIAL PROVISIONS Sections 9.1.1 - 9.1.4 as identified in Master Agreement. 9.1.5 Exhibit A, "Further Description of Basic Engineering Services and Related Matters," consisting of 4 pages. 9.1.6 Exhibit B, "Payments to Engineer for Services and Reimbursable Expenses," consisting of 2 pages. 9.1.7 Exhibit C, "New Hope Road Water Line Design – Engineering Fee Estimate," consisting of 1 page. 9.2 As identified in Master Agreement. 9.3. This Work Authorization (consisting of pages 1 to 9, inclusive and the Exhibits identified above), becomes part of the Master Agreement between OWNER and ENGINEER. IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective as of the date first above written. OWNER: By: Title: Address for giving notices: City of Cedar Park 600 N. Bell Boulevard, Cedar Park, TX 78613 ENGINEER: By: Brian D. Rice, PE Title: Vice President, Central Texas Address for giving notices: Lockwood, Andrews and Newnarn, Inc. 10801 North Mopac Expy, Bldg. 1, Ste 120, Austin, TX 78759 Page 2 of 2 pages LAN193 This is EXHIBIT A, consisting of 4 pages, referred to in the Agreement between OWNER and ENGINEERforProfessional Services, dated , 2005. Further Description of Basic Engineering Services and Related Matters Initial: OWNER ENGINEER lit Sections 2, 3, 4 and 5 of the Master Agreement are amended and supplemented and the time periods for the performance of the Basic Services as indicated in Section 5 of the Master Agreement are established, all as indicated below: SECTION 2 -BASIC SERVICES OF ENGINEER A2.0 GeneraL The Basic Services are premised on the following general scope of professional services: Project Description The work to be performed by Lockwood, Andrews & Newnan, Inc. (LAN) under this work authorization shall consist of providing engineering services required for the detailed design and preparation of construction documents for the design of approximately 11,000 linear feet of 72 -inch water line along New Hope Road from Bagdad Road to east of proposed Hwy 183A. I. Project Management and Coordination LAN will provide the following services with respect to project management and coordination of the design of the waterline: a. Prepare base files 1. Coordinate with RTG to obtain existing survey and base file information. 2. Coordinate base files from two plan sets including converting files to AutoCAD and adjusting for different coordinate systems. 3. Review existing information to identify additional survey requirements. 4. Perform additional survey if necessary. 5. Perform site visit to verify base files. 6. Update base files to reflect existing conditions. b. Coordinate with TxDOT regarding design/construction requirements and permitting. c. Coordinate with Capital Metro regarding design/construction requirements and permitting. d. Review TCP previously prepared for applicability to revised water line design and modify if required. e. Review SWPPP previously prepared for applicability to revised water line design. f. Coordinate with City to identify system connections and stub out locations for future concoctions. g. Coordination and review meetings with the City. 1Z Design Phase Services LAN will provide the following services with respect to the design phase of the waterline: a. Develop horizontal and vertical alignment including location of isolation valves, drain lines, access manways, and sizing and location of air release valves. Surge analysis and surge protection recommendations to be provided by otters. b. Calculate pipe wall thickness based on working and surge pressure provided by City of Cedar Park. c. Design tunnel liner/casing. d Develop thrust restraint lengths. e. Review existing geotechnical repplip and perform additional geotechnical investigation where required. f. Provide Cathodic Protection Deistgti. g. Design traffic control plans for crossing Bagdad, 183, and New Hope and phasing from 183 to 183A. Page 1 of 4 Pages (Exhibit A.- Basic Services and Related Matters) LAN193 h. Provide plan sheets and profile sheets at a scale of 1 "=20' and 1" = 2' respectively. i. Review wastewater line design from Blockhouse Creek South to 183A for conflicts with revised waterline design. Provide plan and profile sheets if modification of wastewater line design is required. Revision is anticipated at Robert Knight Tract. j. Review standard details for use where applicable. Develop construction details for large diameter waterlines to supplement standard details as required. k. Review standard specifications and develop special specifications for large diameter waterlines to supplement standard specifications as required. 1. Review General Construction Notes and modify as necessary. m. Prepare Engineer's Estimate of Construction Cost. n. Prepare bid form. Design documents will be submitted for City review and comment at initial horizontal alignment phase, 75% design phase, and 95% design phase. M. Bid Phase LAN understands that RTG will take the lead for bidding and construction phase services. With respect to the large diameter waterline, LAN will perform the following services: a. Attend pre-bid meeting. RTG will prepare agenda and minutes_ b. Respond to contractor questions and prepare addenda as necessary with respect to the waterline and wastewater line design. A2.0.1 The following services listed in Section 3, Additional Services, are hereby specifically deleted from that Section and will be performed or furnished by ENGINEER as part of Basic Services in the phase(s) identified below: As noted in Scope of Work described in A2.0. A2.0.2. The following services listed in Section 4, OWNER's Responsibilities, are hereby specifically deleted from that Section and will be performed or furnished by ENGINEER as part of Basic Services in the phase(s) identified below: As noted in Scope of Work described in A2.0. A2.0.3. Section 2, Basic Services of ENGINEER, is hereby amended or supplemented to provide that the following services will be performed or ftuiiished by ENGINEER as part of Basic Services in the phase(s) identified below: As noted in Scope of Work described in A2.0. A2.1. Study and Report Phase. A2.1.8. During the Study and Report Phase ENGINEER shall: This phase of work has been deleted. A2.1.9. Not Used. A2.1.10.1. Not Used. A2.1.10.2. Not Used. Page 2 of 4 Pages (Exhibit A — Basic Services and Related Matters) LAN193 A2.2. Preliminary Design Phase. This phase of work has been deleted. A2.2.5. Not Used A2.2.6.1. Not Used. A2.2.6.2. Not Used. A2.3. Final Design Phase. A2.3.6. During the Final Design Phase ENGINEER shall: Complete Scope of Work described in A2.0 A2.3.7. 4 sets of Contract Documents will be submitted to OWNER for each submittal. A2.3.8. The Contract Documents will be submitted to OWNER within 60 calendar days from OWNER to ENGINEER to proceed with the Final Design Phase Services. A2.3.8. The number of prime contracts for work designed or specified by ENGINEER compensation has been established under this Agreement is one. A2.4. Bidding or Negotiating Phase. A2.4.5. During the Bidding or Negotiating Phase ENGINEER shall: Complete Scope of Work described in A2.0 A2.5. Construction Phase. A2.5.15. During the Construction Phase ENGINEER shall: This phase of work has been deleted. 2.5.16. Not Used. 2.5.17. Not Used. A2.6. Operational Phase. 2.6.7. During the Operational Phase ENGINEER shall: This phase of work has been deleted. 2.6.8. Not Used. SECTION 3 -ADDITIONAL SERVICES OF ENGINEER Page 3 of 4 Pages (Exhibit A -- Basic Services and Related Matters) following written authorization upon which the ENGINEER'S LANs 93 A3.0.1. The following services listed in Section 2, Basic Services, are hereby specifically deleted from that Section and will be performed or furnished by ENGINEER as part of Additional Services under paragraph 3.1 or 3.2 as indicated: None. A3.0.2. The following services listed in Section 4, OWNER's Responsibilities, are hereby specifically deleted from that Section and will be performed or furnished by ENGINEER as part of Additional Services under paragraph 3.1 or 3.2 as indicated: None. A3.0.3 Section 3, Additional Services of ENGINEER, is hereby amended or supplemented to provide that the following services will be performed or furnished by ENGINEER as part of Additional Services under paragraph 3.1 or 3.2 as indicated: None. SECTION 4—OWNER'S RESPONSIBILITIES A4.0.1. The following services listed in Section 2, Basic Services, are hereby specifically deleted from that Section and will be performed or furnished by OWNER as part of OWNER's Responsibilities under Section 4: None. A4.0.2. The following services listed in Section 3, Additional Services, are hereby specifically deleted from that Section and will be performed or furnished by OWNER as part of OWNER's Responsibilities under Section 4: None. A4.0.3 Section 4, OWNER's Responsibilities, is hereby amended or supplemented to provide that the following services or responsibilities will be performed or furnished by OWNER as part of OWNER' s Responsibilities under Section 4: Providing the topographic survey, prepared by others, for the anticipated section of piping. The ENGINEER shall rely upon the adequacy and completeness of the survey provided by the OWNER. A4.11 OWNER intends to employ each of the independent consultants listed below to perform or furnish services in regard to the Project for the respective scope of services listed below for each. Payments to ENGINEER for Services in Section 6 hereof are based on the participation in the Project of OWNER's independent consultants as described herein. None. Page 4 of 4 Pages (Exhibit A — Basic Services and Related Matters) LAN1 93 4 This is EXHIBIT B, consisting of 2 pages, referred to in the Agreement between OWNER and ENGINEER for Professional Services, dated , 2005. Payments to ENGINEER for Services and Reimbursable Expenses Initial: OWNER ENGINEER 1 Section 6 of the Master Agreement is amended and supplemented to include the following agreement of the parties: Hourly Rate Method of Payment SECTION 136 PAYMENTS TO ENGINEER B6.1. Methods of Payment for Services and Expenses of ENGINEER. B6.1.1. For Basic Services. OWNER shall pay ENGINEER for Basic Services as follows: B6.1.1.1. General. An amount equal to ENGINEER's Hourly Rate for all services performed by principals and employees engaged directly on the Project. hourly Rates are defined in paragraph 86.1.4. B6.1.1.2. ENGINEER's Consultants. For services of ENGINEER's Consultants engaged to perform or furnish Basic Services, the amount billed to ENGINEER therefor times a factor of 11. B6.1.1.3. Estimated Compensation for Basic Services. ENGINEER's maximum amount that will become payable for Basic Services pursuant to paragraphs 86.1.1.1 and B6.1.1.2 inclusive is S 350,000. ENGINEER shall receivecompensationfor all Basic Services furnished or performed under this Agreement, calculated as set forth in paragraphs B6.1.1.1 and B6.1.1.2 inclusive. B6.1.1.4. Notice of Relationship of Payments to Estimated Compensation for Basic Services. If it becomes apparent to ENGINEER at any time before Basic Services to be performed or furnished under this Agreement have been about eighty percent completed that the total amount of compensation to be paid to ENGINEER on account of Basic Services pursuant to paragraphs 86.1.1.1 and B6.1.1.2 inclusive will exceed ENGINEER's estimated amount for such services set forth above which is applicable to the services performed or furnished, ENGINEER shall give OWNER written notice thereof. Promptly thereafter OWNER and ENGINEER shall review the matter of compensation for such Basic Services, and either OWNER shall accede to such compensation exceeding said estimated amounts or OWNER and ENGINEER shall agree to a reduction in the remaining services to be rendered by ENGINEER under this Agreement so that total compensation for such Basic Services will not exceed said estimated amount when such services are completed. The ENGINEER shall be paid for all services rendered if ENGINEER exceeds the estimated amount before OWNER and ENGINEER have agreed to an increase in the compensation due to ENGINEER or a reduction in the remaining services. B6.1.2. For Additional Services. OWNER shall pay ENGINEER for Additional Services as follows: B6.1.2.1. General. For services of ENGINEER's principals and employees engaged directly on the Project performed or furnished pursuant to paragraph 3.1 or 3.2 (except services as a consultant or witness under paragraph 3.1.17), an amount equal to ENGINEER's Hourly Rate as defined in paragraph B6.1.4. B6.1.2.2. ENGINEER's Consultants. For services of ENGINEER's Consultants performed or furnished pursuant to paragraph 3.1 or 3.2, the amount billed to ENGINEER therefor times a factor of 1.1. B6.1.3. For Reimbursable Expenses. OWNER shall pay ENGINEER for Reimbursable Expenses such as: Printing Mileage Courier Services Delivery Services The amount payable for Reimbursable Expenses will be the charge actually incurred by or the imputed cost allocated by ENGINEER therefor times factor of 1.05. B6.1.4. Hourly Rate Cost. Hourly Rate Cost means salaries and wages (basic, premium and incentive) paid to personnel, but does not include indirect payroll related costs or fringe benefits. The principals of ENGINEER and the imputed current hourly Rates of such principals are as follows: Employee (title) Imputed Hourly Rate Principal $160 Sr. Project Manager $ 150 Project Manager $ 140 Sr. Civil Engineer $ 120 Project Engineer $ 100 Staff Engineer $ 80 Sr. CADD Technician $ 85 CADD Technician $ 75 Clerical $ 50 B6.1.5. Adfustment of Hourly Rate Cost. Hourly Rate Cost payable to ENGINEER will be adjusted annually and equitably to reflect changes in various elements that comprise such Hourly Rates. All such adjustments will be in accordance with generally accepted accounting practices as applied on a consistent basis by ENGINEER and consistent with ENGINEER's overall compensation practices and procedures. B6.2. Other Provisions Concerning Payments. B6.2.1. Preparation ofInvoices_ The amount billed for ENGINEER's services will be based on the HourlyRate Cost incurred at the time of billing. 136.2.3. Payments Upon Termination. B6.2.3.4. In the event of termination during any phase of the Basic Services, ENGINEER will be paid for services performed or furnished in accordance with this Agreement during that phase on the basis of ENGINEER's Hourly Rate Cost for services performed or furnished during that phase to date of termination by ENGINEER's principals and employees engaged directly on the Project. DI 0 7 1.7 g e�-m 2 ■n8 0 a) a) • e e W L) Rk2f2 woo,E _›ƒ§ � /EZ : » 0 E 0 A SUBSIDIARY 0 Cl g 0 7 NI 1 5322.7941 . 8RR 000 R _ma / 2 0 C4 s $ 350,000 E c 0 © % 2 2 CADD Technician 1 120 1 1 1480 1 R 1632 1 Staff Engineer S S 864 Project Engineer L 80 2 10 2 .c-- © co Project Mane er 64 Tri 0. a. 2 $ 2 'Cathodic Protection (to be removed if geotech shows unnecessary) 0 C.0 k I 1 , + [PROJECT ADMIN./ PRELIMINARY ENGINEERING lil a 0 in a 2 f 2 0 m2, Total Labor' (1) 4 2, 0, m: 3 f 1- $ 1— # / - ■ = 0 1- ■ 0 _j F Lockwood, Andrews Newnan, Inc. EXHIBIT "B" COST ALLOCATION PERCENTAGES If all Parties execute: Cedar Park: 3.90 % Round Rock: 49.76 % LCRA: 46.34 % If LCRA fails to execute: Cedar Park: 7.27 % Round Rock: 92.73 % If Round Rock fails to execute: Cedar Park: 7.77 % LCRA: 92.23 % 227997-5 11/18/2005 DATE: November 21, 2005 SUBJECT: City Council Meeting - December 1, 2005 ITEM: 9.F.5. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement Regarding the Design of New Hope Regional Waterline with the City of Cedar Park and the Lower Colorado River Authority. Department: Water and Wastewater Utilities Staff Person: Tom Clark, Director Water/Wastewater Utility Justification: The Lake Travis Raw Water Supply System study, completed, in September 2005, recommended that the most cost effective alternative to the City for accessing Lake Travis water was to develop a partnership with the City of Cedar Park and / or LCRA to develop a regional treatment and delivery system. The proposed treated water pipeline route will follow New Hope Road in Cedar Park which is scheduled for construction to be completed March 2007. In order for the City of Round Rock to take advantage of the cost savings available by installing this relatively short portion of the regional delivery system, being 11,000 linear feet of a 72 -inch water line. Cedar Park needs a commitment to partnership on the design cost associated with this segment of the regional delivery system. Funding: Cost: $174,160.00 Source of funds: Capital Project Funds (Self -Financed Utility) Outside Resources: City of Cedar Park Background Information: This agreement is for Engineering Design Services of a 72 -inch Potable Water Line, being approximately 11,000 linear feet in length to be installed with the Cedar Park New Hope Road Improvements right of way, from Baghdad Road to 183A. In doing so we can take advantage of the fact that Cedar Park has already acquired right-of-way, temporary work easements and Round Rock's share of the Engineering fees will be 49.76% of the total cost based upon capacity needs in the pipeline. Total cost of these engineering services will be $350,000 with Round Rock's share totaling $174,160. The City of Round Rock's percentage is 49.76%, based on Round Rock's ultimate capacity in the system of 40.8 Million Gallons per Day. The attached Resolution is contingent upon the Lower Colorado River Authority's Board adopting a similar Resolution at its December Board meeting. Public Comment: N/A INTERLOCAL AGREEMENT REGARDING DESIGN OF NEW HOPE REGIONAL WATERLINE THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON THIS INTERLOCAL AGREEMENT REGARDING DESIGN OF NEW HOPE REGIONAL WATERLINE ("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 Lower Colorado River Authority, a political subdivision of the State of Texas ("LCRA"). In this Agreement, Round Rock, Cedar Park and LCRA are sometimes individually referred to as "a Party" and collectively referred to as "the Parties". WHEREAS, the Parties have agreed to jointly pursue planning for and implementation of a regional water supply system (the "Project"), which will ultimately provide an additional 93.8 million gallons per day of potable water supply to meet future water demands of the Parties, based on projected population growth; and WHEREAS, Cedar Park previously initiated the design of certain water system improvements, including a 24 -inch water transmission main within the right-of-way for the reconstruction of New Hope Road from Bagdad Road to U.S. 183A (the "New Hope Waterline Segment"), but, in order to serve the water supply needs of all of the Parties though the Regional Project, this line would need to be constructed as a 72 -inch line; and WHEREAS, due to Cedar Park's obligation to complete the reconstruction of New Hope Road in order to provide a connection to the 183-A Tollway, which is currently under construction and will be complete in March 2007, Cedar Park must award a contract in January 2006 and begin the New Hope Road reconstruction and the New Hope Waterline Segment by March, 2006; and WHEREAS, if the New Hope Waterline Segment is to be constructed as a 72 -inch line rather than as a 24 -inch line, the design must be commenced by December 2, 2005 and completed by January 2006, in order to avoid a delay in the timing of the New Hope Road reconstruction; WHEREAS, in order to preserve the opportunity to construct the New Hope Waterline Segment sized to serve all of the Parties as a portion of the Regional Project, the Parties desire to cost participate in the re -design of the New Hope Waterline Segment as a 72 -inch line; 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: R-05-12-01- 9F5 I. DESIGN OF NEW HOPE WATERLINE 1.01 Preparation of Alternate Design. Within five days of approval of this Agreement by all of the Parties, Cedar Park will enter into the supplemental engineering services agreement with Lockwood Andrews Newman, Inc. which is attached as Exhibit "A" ("LAN Proposal"), for the design of the New Hope Waterline Segment as a 72 -inch line (the "Alternate Design Work"). 1.02 Cost of Design. Cedar Park will advance and pay the cost of the Alternate Design Work, subject to its right to reimbursement by each of the other Parties for a portion of such cost based on the cost allocation percentages set forth on the attached Exhibit "B", which are based on the Parties' projected capacity requirements in the proposed 72 -in Transmission Line from Bagdad Rd. to Parmer Lane (the "Cost Allocation Percentages"). 1.03 Effect of Partial Execution; Alternative Cost Allocation Percentages. This Agreement will become effective and binding on a Party when executed. If less than all of the Parties have executed this Agreement as of December 15, 2005, this Agreement will be binding on all Parties who have executed this Agreement as of said date. The failure of one Party to sign as of said date will not impair the effectiveness of this Agreement as to the signing Parties, but will result in the reallocation of the costs of the Alternate Design Work among the signing Parties only, based on the appropriate alternative Cost Allocation Percentages set forth on Exhibit "B". 1.04 Reimbursement of Costs. Upon Cedar Park's approval of each invoice for the Alternate Design Work, Cedar Park will transmit a copy of the invoice to the other Parties. The other Parties each agree to pay its prorata portion of each invoice, which will be determined by multiplying its respective Cost Allocation Percentage by the total amount of the approved invoice, to Cedar Park within 30 days after delivery of the invoice (the "Due Date"). Each invoice submitted by Cedar Park for reimbursement will reference the LAN Proposal and clearly describe the work done in connection with the Alternate Design Work, and will not seek reimbursement or payment for any work other than the Alternate Design Work. Any amounts due to Cedar Park which are not paid within 30 days of delivery will accrue interest at the rate of 7% per annum from the Due Date until paid. 1.05 Work Product. Upon receipt of a request from another Party, Cedar Park agrees to promptly make available to the requesting Party copies of any work product produced by LAN in connection with the Alternate Design Work. The Party requesting a copy of such information shall pay all reasonable costs incurred by Cedar Park in preparing and furnishing the copies. II. GENERAL PROVISIONS 2.01 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. 2 2.02 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. 2.03 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. 2.04 Cooperation. The Parties agree to cooperate at all times in good faith to effectuate the purposes and intent of this Agreement. 2.05 Entire Agreement. This Agreement contains the entire agreement of the Parties regarding the sharing of costs for the Alternate Design Work 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. 2.06 Amendments. Any amendment of this Agreement must be in writing and will be effective if signed by the authorized representatives of the Parties. 2.07 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. 2.08 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: with copy to: ROUND ROCK: 3 600 North Bell Blvd. Cedar Park, Texas 78613 Attn: Sam Roberts Telephone: (512) 258-4121 x6321 Facsimile: (512) 258-6083 Email: roberts@ciecedar-park.tx.us Leonard Smith P.O. Box 684633 Austin, Texas 78768 Telephone: (512) 474-6707 Facsimile: (512) 474-6706 Email: lsmith@leonardsmithlaw.com 221 East Main Round Rock, Texas 78664 Attn: Jim Nuse Telephone: (512) 218-5410 with copy to: LCRA: with copy to: Facsimile:(512) 218-7097 Email: jnuse@round-rock.tx.us Steve Sheets 309 E. Main Street Round Rock, Texas 78664-5264 Telephone: (512) 255-8877 Facsimile: (512) 255-8986 Email: slsheets(a sheets-crossfield.com 3701 Lake Austin Blvd. Austin, Texas 78703 Attn: Jim Clarno Telephone: (512) 473-3386 Facsimile: (512) 397-6722 Email: james.clarno(a,1cra.org Madison Jechow 3700 Lake Austin Blvd., Ste. H424 Austin, Texas 78703 Telephone: (512) 473-4067 Telecopy: (512) 473-4010 Email: Madison.Jechow@1cra.org 2.09 Exhibits. The following exhibits are attached to this Agreement and incorporated herein by reference: Exhibit A - LAN Proposal Exhibit B - Cost Allocation Percentages 2.10 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. 2.11 Authority. Each Party represents and warrants that it has the full right, power and authority to execute this Agreement. 4 ATTEST: CITY OF ROUND ROCK: 411110 City Secretary ATTEST: City Secretary itle: d Name: Date: v(- /5-05 CITY OF CEDAR PARK: By: Printed Name: Title: Date: LOWER COLORADO RIVER AUTHORITY: By: Printed Name: Scott B. Ahlstrom, P.E., PMP Title: Manager, Water & Wastewater Utility Services Date: 5 ATTEST: CITY OF ROUND ROCK: City Secretary By: Printed Name: Title: Date: ATTEST: CITY OF CEDAR PARK: City Secretary By: MVALC Printed Name: Title: 'vi 4-ei' L L , Date: j 211,5-1Q," ofi• LOWER COLORADO RIVER AUTHORITY: By: Printed Name: Scott B. Ahlstrom, P.E., PMP Title: Manager, Water & Wastewater Utility Services Date: 5 ATTEST: CITY OF ROUND ROCK: City Secretary By: Printed Name: Title: Date: ATTEST: CITY OF CEDAR PARK: City Secretary By: Printed Name: Title: Date: LOWER COLORADO RIVER AUTHORITY: By: Printed Name: Scott B. Ahlstrom, P.E., PMP Title: Manager, Water & Wastewater Utility Services Date: \2 ) 5 EXHIBIT "A" LAN PROPOSAL 6 WORK AUTHORIZATION BASED UPON MASTER AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS A WORK AUTHORIZATION made as of , 7005, between the City of Cedar Park ("OWNER") and Lockwood, Andrews & Newnam, Inc. ("ENGINEER") and is governed by all provisions of the OWNER -ENGINEER MASTER AGREEMENT dated March 29, 2001. OWNER intends to Construct approximately 11,000 linear feet of 72 -inch water line along New Hope Road from Bagdad Road to east of proposed Hwy 183A (the "Project"). OWNER AND ENGINEER in consideration of their mutual covenants herein agree in respect of the performance or furnishing of professional engineering services by ENGINEER with respect to the Project and the payment for those services by OWNER as set forth below and in the Master Agreement between the parties dated March 29, 2001. Execution of the Work Authorization by ENGINEER and OWNER constitutes OWNER's written authorization to ENGINEER to proceed on the date first above written with the first phase of the Basic Services described in Section 2 of the Master Agreement and as further set forth in Exhibit A, "Further Description of Basic Engineering Services and Related Matters" ("Exhibit A") of this Work Authorization and in the other exhibits listed in Section 9 of the Master Agreement and as designated below. This Work Authorization will become effective on the date first above written. .0 a EXHIBIT Page 1 of 2 pages LAN 193 SECTIONS I-8—AS IDENTIFIED IN MASTER AGREEMENT SECTION 9—EXHIBITS AND SPECIAL PROVISIONS Sections 9.1.1 - 9.1.4 as identified in Master Agreement. 9.1.5 Exhibit A, `Further Description of Basic Engineering Services and Related Matters," consisting of 4 pages. 9A.6 Exhibit B, "Payments to Engineer for Services and Reimbursable Expenses," consisting of 2 pages. 9.1.7 Exhibit C, "New Hope Road Water Line Design — Engineering Fee Estimate," consisting of I page. 9.2 As identified in Master Agreement. 9.3. This Work Authorization (consisting of pages 1 to 9, inclusive and the Exhibits identified above), becomes part of the Master Agreement between OWNER and ENGINEER. IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective as of the date first above written. OWNER: By: Title: Address for giving notices: City of Cedar Park ENGINEER: By: Brian D. Rice, PE Title: Vice President, Central Texas Address for giving notices: Lockwood, Andrews and Newnarn, Inc. 600 N. Bell Boulevard, Cedar Park, TX 78613 10801 North Mopac Expy, Bldg. 1, Ste 120, Austin, TX 78759 Page 2 of 2 pages LANI93 This is EXHIBIT A, consisting of 4 pages, referred to in the Agreement between OWNER and ENGINEER for Professional Services, dated , 2005. Initial: OWNER ENGINEER 04 Further Description of Basic Engineering Services and Related Matters Sections 2, 3, 4 and 5 of the Master Agreement are amended and supplemented and the time periods for the performance of the Basic Services as indicated in Section 5 of the Master Agreement are established, all as indicated below: SECTION 2—BASIC SERVICES OF ENGINEER A2.0 General. The Basic Services are premised on the following general scope of professional services: Project Description The work to be performed by Lockwood, Andrews & Newnam, Inc. (LAN) under this work authorization shall consist of providing engineering services required for the detailed design and preparation of construction documents for the design of approximately 11,000 linear feet of 72 -inch water line along New Hope Road from Bagdad Road to east of proposed Hwy 183A. I. Project Management and Coordination LAN will provide the following services with respect to project management and coordination of the design of the waterline: a. Prepare base files 1. Coordinate with RTG to obtain existing survey and base file information. 2. Coordinate base files from two plan sets including converting files to AutoCAD and adjusting for different coordinate systems. 3. Review existing information to identify additional survey requirements. 4. Perform additional survey if necessary. 5. Perform site visit to verify base files. 6. Update base files to reflect existing conditions. b. Coordinate with TxDOT regarding design/construction requirements and permitting. c. Coordinate with Capital Metro regarding design/construction requirements and permitting. d. Review TCP previously prepared for applicability to revised water line design and modify if required. e. Review SWPPP previously prepared for applicability to revised water line design. f. Coordinate with City to identify system connections and stub out locations for future connections. g. Coordination and review meetings with the City. II. Design Phase Services LAN will provide the following services with respect to the design phase of the waterline: a. Develop horizontal and vertical alignment including Location of isolation valves, drain lines, access manways, and sizing and location of air release valves. Surge analysis and surge protection recommendations to be provided by others. b. Calculate pipe wall thickness based on working and surge pressure provided by City of Cedar Park. c. Design tunnel Iiner/casing. d Develop thrust restraint Iengths. e. Review existing geotechnical reports and perform additional geotechnical investigation where required. f. Provide Cathodic Protection Design. g. Design traffic control plans for crossing Bagdad, 183, and New Hope and phasing from 183 to 183A. Page 1 of 4 Pages (Exhibit A -- Basic Services and Related Matters) LAN 1 93 h. Provide plan sheets and profile sheets at a scale of 1"=20' and 1" = 2' respectively. i. Review wastewater line design from Blockhouse Creek South to I83A for conflicts with revised waterline design. Provide plan and profile sheets if modification of wastewater line design is required. Revision is anticipated at Robert Knight Tract. j. Review standard details for use where applicable. Develop construction details for large diameter waterlines to supplement standard details as required. k. Review standard specifications and develop special specifications for large diameter waterlines to supplement standard specifications as required. 1. Review General Construction Notes and modify as necessary. m. Prepare Engineer's Estimate of Construction Cost. n. Prepare bid form. Design documents will be submitted for City review and comment at initial horizontal alignment phase, 75% design phase, and 95% design phase. III. Bid Phase LAN understands that RTG will take the lead for bidding and construction phase services. With respect to the large diameter waterline, LAN will perform the following services: a. Attend pre-bid meeting. RTG will prepare agenda and minutes. b. Respond to contractor questions and prepare addenda as necessary with respect to the waterline and wastewater line design. A2.0.1 The following services listed in Section 3, Additional Services, are hereby specifically deleted from that Section and will be performed or furnished by ENGINEER as part of Basic Services in the phase(s) identified below: As noted in Scope of Work described in A2.0. A2.0.2. The following services listed in Section 4, OWNER's Responsibilities, are hereby specifically deleted from that Section and will be performed or furnished by ENGINEER as part of Basic Services in the phase(s) identified below: As noted in Scope of Work described in A2.0. A2.0.3. Section 2, Basic Services of ENGINEER, is hereby amended or supplemented to provide that the following services will be performed or furnished by ENGINEER as part of Basic Services in the phase(s) identified below: As noted in Scope of Work described in A2.0. A2.1. Study and Report Phase. A2.1.8. During the Study and Report Phase ENGINEER shall: This phase of work has been deleted. A2.1.9. Not Used. A2.1.10.1. Not Used. Page 2 of 4 Pages (Exhibit A — Basic Services and Related Matters) LAN 193 A2.1.10.2. Not Used. A2.2. Preliminary Design Phase. This phase of work has been deleted. A2.2.5. Not Used. A2.2.6.1. Not Used. A2.2.6.2. Not Used. A2.3. Final Design Phase. A2.3.6. During the Final Design Phase ENGINEER shall: Complete Scope of Work described in A2.0 A2.3.7. 4 sets of Contract Documents will be submitted to OWNER for each submittal. A2.3.8. The Contract Documents will be submitted to OWNER within 60 calendar days following written authorization from OWNER to ENGINEER to proceed with the Final Design Phase Services. A2.3.8. The number of prime contracts for work designed or specified by ENGINEER upon which the ENGINEER's compensation has been established under this Agreement is one. A2.4. Bidding or Negotiating Phase. A2.4.5. During the Bidding or Negotiating Phase ENGINEER shall: Complete Scope of Work described in A2.0 A2.5. Construction Phase. A2.5.15. During the Construction Phase ENGINEER shall: This phase of work has been deleted. 2.5.16. Not Used. 2.5.17. Not Used. A2.6. Operational Phase. 2.6.7. During the Operational Phase ENGINEER shall: This phase of work has been deleted. 2.6.8. Not Used. SECTION 3—ADDITIONAL SERVICES OF ENGINEER Page 3 of 4 Pages (Exhibit A — Basic Services and Related Matters) LAN 193 A3.0.1. The following services listed in Section 2, Basic Services, are hereby specifically deleted from that Section and will be performed or furnished by ENGINEER as part of Additional Services under paragraph 3.1 or 3.2 as indicated: None. A3.0.2. The following services listed in Section 4, OWNER's Responsibilities, are hereby specifically deleted from that Section and will be performed or furnished by ENGINEER as part of Additional Services under paragraph 3.1 or 3.2 as indicated: None. A3.0.3 Section 3, Additional Services of ENGINEER, is hereby amended or supplemented to provide that the following services will be performed or furnished by ENGINEER as part of Additional Services under paragraph 3.1 or 3.2 as indicated: None. SECTION 4—OWNER'S RESPONSIBILITIES A4.0.1. The following services listed in Section 2, Basic Services, are hereby specifically deleted from that Section and will be performed or furnished by OWNER as part of OWNER's Responsibilities under Section 4: None. A4.0.2. The following services listed in Section 3, Additional Services, are hereby specifically deleted from that Section and will be performed or furnished by OWNER as part of OWNER's Responsibilities under Section 4: None. A4.0.3 Section 4, OWNER's Responsibilities, is hereby amended or supplemented to provide that the following services or responsibilities will be performed or furnished by OWNER as part of OWNER's Responsibilities under Section 4: Providing the topographic survey, prepared by others, for the anticipated section of piping. The ENGINEER shall rely upon the adequacy and completeness of the survey provided by the OWNER. A4.11 OWNER intends to employ each of the independent consultants listed below to perform or furnish services in regard to the Project for the respective scope of services listed below for each. Payments to ENGINEER for Services in Section 6 hereof are based on the participation in the Project of OWNER'S independent consultants as described herein. None. Page 4 of 4 Pages (Exhibit A — Basic Services and Related Matters) LAN I93 This is EXHIBIT B, consisting of 2 pages, referred to in the Agreement between OWNER and ENGINEER for Professional Services, dated , 2005. Initial: OWNER ENGINEER �� Payments to ENGINEER for Services and Reimbursable Expenses Section 6 of the Master Agreement is amended and supplemented to include the following agreement of the parties: Hourly Rate Method of Payment SECTION B6—PAYMENTS TO ENGINEER B6.1. Methods of Payment for Services and Expenses of ENGINEER. B6.1.1. For Basic Services. OWNER shall pay ENGINEER for Basic Services as follows: B6.1.1.1. General. An amount equal to ENGINEER's Hourly Rate for alI services performed by principals and employees engaged directly on the Project. Hourly Rates are defined in paragraph 136.1.4. B6.1.1.2. ENGINEER's Consultants. For services of ENGINEER's Consultants engaged to perform or furnish Basic Services, the amount billed to ENGINEER therefor times a factor of 1.1. B6.1.1.3. Estimated Compensation for Basic Services. ENGINEER's maximum amount that will become payable for Basic Services pursuant to paragraphs 136.1.1.1 and B6.1.1.2 inclusive is $ 350.000. ENGINEER shall receive compensation for all Basic Services furnished or performed under this Agreement, calculated as set forth in paragraphs 136.1.1.1 and B6.1.1.2 inclusive. B6.1.1.4. Notice of Relationship of Payments to Estimated Compensation far Basic Services. If it becomes apparent to ENGINEER at any time before Basic Services to be performed or furnished under this Agreement have been about eighty percent completed that the total amount of compensation to be paid to ENGINEER on account of Basic Services pursuant to paragraphs B6.1.1. I and 136.1.1.2 inclusive will exceed ENGINEER'S estimated amount for such services set forth above which is applicable to the services performed or furnished, ENGINEER shall give OWNER written notice thereof. Promptly thereafter OWNER and ENGINEER shall review the matter of compensation for such Basic Services, and either OWNER shall accede to such compensation exceeding said estimated amounts or OWNER and ENGINEER shall agree to a reduction in the remaining services to be rendered by ENGINEER under this Agreement so that total compensation for such Basic Services will not exceed said estimated amount when such services are completed. The ENGINEER shall be paid for all services rendered if ENGINEER exceeds the estimated amount before OWNER and ENGINEER have agreed to an increase in the compensation due to ENGINEER or a reduction in the remaining services. B6.1.2. For Additional Services. OWNER shall pay ENGINEER for Additional Services as follows: 136.1.2.1. General. For services of ENGINEER's principals and employees engaged directly on the Project performed or furnished pursuant to paragraph 3.1 or 3.2 (except services as a consultant or witness under paragraph 3.1.17), an amount equal to ENGINEER's Hourly Rate as defined in paragraph 136.1.4. B6.1.2.2. ENGINEER's Consultants. For services of ENGINEER's Consultants performed or furnished pursuant to paragraph 3.1 or 3.2, the amount billed to ENGINEER therefor times a factor of 1.11. 136.1.3. For Reimbursable Expenses. OWNER shall pay ENGINEER for Reimbursable Expenses such as: Printine Mileage Courier Services Delivery Services The amount payable for Reimbursable Expenses will be the charge actually incurred by or the imputed cost allocated by ENGINEER therefor times factor of 1.05. B6.1.4. Hourly Rate Cost. Hourly Rate Cost means salaries and wages (basic, premium and incentive) paid to personnel, but does not include indirect payroll related costs or fringe benefits. The principals of ENGINEER and the imputed current hourly Rates of such principals are as follows: Employee (title) Principal Sr. Pro iect Manager Project Manager Sr. Civil Eneineer Imputed Hourly Rate $160 $ I50 $ 140 $ 120 Project Engineer $ 100 Staff Eneineer $ 80 Sr. CADD Technician $ 85 CADD Technician $ 75 Clerical $ 50 B6.I.5. Adjustment of Hourly Rate Cost. Hourly Rate Cost payable to ENGINEER will be adjusted annually and equitably to reflect changes in various elements that comprise such Hourly Rates. All such adjustments will be in accordance with generally accepted accounting practices as applied on a consistent basis by ENGINEER and consistent with ENGINEER's overall compensation practices and procedures. B6.2. Other Provisions Concerning Payments. B6.2.1. Preparation of Invoices. The amount billed for ENGINEER's services will be based on the Hourly Rate Cost incurred at the time of billing. B6.2.3. Payments Upon Termination, B6.2.3.4. In the event of termination during any phase of the Basic Services, ENGINEER will be paid for services performed or furnished in accordance with this Agreement during that phase on the basis of ENGINEER's Hourly Rate Cost for services performed or furnished during that phase to date of termination by ENGINEER's principals and employees engaged directly on the Project. 4.s co Q 7 0 O. f § 0/mow • rum■Lo ▪ (1) 1:1 • t d� 1.11000 E ca ▪ �I0 o c I % f 2 E u 0 US 0 SUBSIDIARY .21 0 Cost $29,124 CS co A CJ 2 § e $ 25,0001 k/ 2 .m Ti e co of £ 0 0 n a =o b c4 0 0 0 § / kk el ƒ U § I-' 0 864 j S / Sco 3 Project Engineer 80 ci o @ $ & Project Mena! er 48 2 $ / E e ® A $ 2 Cathodic Protection (to be removed if geotech shows unnecessary) Description PROJECT ADMIN./ PRELIMINARY ENGINEERING !DESIGN PHASE BIDDING PHASE Total Labor/ ISUBCONSULTANTS 1- (TOTAL COST @ 0 0 I- 0 2 E 3 k E 1 0 0 Lockwood, Andrews Newnam, EXHIBIT "B" COST ALLOCATION PERCENTAGES If all Parties execute: Cedar Park: Round LCRA: ock: 3.90 % 49.76 % 46.34 % If LCRA fails to execute: Cedar Park: 7.27 % Round Rock: 92.73 % If Round Rock fails to execute: Cedar Park: 7.77 % LCRA: 92.23 %