R-07-05-24-11D4 - 5/24/2007 RESOLUTION NO. R-07-05-24-11D4
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 with the City of Cedar Park for interim water
supply, 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 with the City of Cedar Park,
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 24th day of May, 2007.
Mayo
City of Round Rock, Texas
ATTEST: NTV&V
'
CHRISTINE R. MARTINEZ, City Secretary
0:\wdox\RESOLUTI\R70524D4.WPD/rmc/0199-4622
DRAFT
INTERLOCAL AGREEMENT FOR INTERIM WATER SUPPLY
(2nd REVISED; MAY, 2007)
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WH LLAMSON §
THIS INTERLOCAL AGREEMENT (2nd REVISED; MAY 2007) is made and entered into by
and between the City of Cedar Park, a Texas home rule municipal corporation ("Cedar Park")
acting by and through its duly authorized Mayor, and the City of Round Rock, a Texas home rule
municipal corporation("Round Rock")acting by and through its duly authorized Mayor.
RECITALS:
1. Cedar Park,Round Rock,and Leander("Leander")each own and operate extensive water
and wastewater utility systems providing utility service to customers in Williamson and Travis
Counties.
2. Cedar Park and Round Rock recognize that substantial benefits may be derived from joint
cooperation with each other and with Leander in the planning, financing, construction and
provisions of utilities in the region served by the parties.
3. Cedar Park and Round Rock are interested in joining together with Leander to design,
construct and operate a regional water treatment and distribution facility to treat and transport
water from Lake Travis to their respective customers.
4. Based on current information available to Cedar Park and Round Rock, it is anticipated
that Cedar Park will need additional treatment capacity by the Spring of 2008, but that Round
Rock will not need additional treatment capacity until the Spring of 2014.
4. Subject to certain operational limitations, Round Rock has determined that it will, for a
period of years, have varying amounts of excess water capacity available in the Northwest
portion of its system.
6. Cedar Park and Round Rock have studied the feasibility of permitting Cedar Park to
utilize the excess capacity available in the Round Rock water system on an interim basis to
postpone the need for completion of the additional treatment capacity until the Spring of 2010.
7. Round Rock will benefit both operationally and financially from the sale of its excess
capacity on an interim basis to Cedar Park.
8. Cedar Park and Round Rock will benefit financially from the postponing of the
construction of the additional treatment capacity.
EXHIBIT
115829
"All
9. Cedar Park and Round Rock desire to set forth in writing the terms and conditions for the
interim sale of water from Round Rock to Cedar Park.
10. Cedar Park and Round Rock previously on February 10, 2006 entered into an Interlocal
Agreement For Interim Water Supply. Cedar Park and Round Rock subsequently on August 10,
2006 entered into an Interlocal Agreement for Interim Water Supply (Revised) which increased
the amount of interim water service to be made available to Cedar Park. Said parties now wish to
again amend such revised agreement to increase the amount of interim water service to be made
available to Cedar Park by Round Rock, as evidenced by this 2nd revised agreement.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and
undertakings set forth below, Cedar Park and Round Rock hereby contract and agree as follows:
ARTICLE ONE
DEFINITIONS
1.01 Unless the context clearly requires otherwise, the following terms shall have the meaning
set forth below:
(a) Agreement: this "Interlocal Agreement for Interim Water Supply (2nd Revised;
May 2007)."
(b) As Available Service: the increment of interim wholesale water service in excess
of Firm Service as defined below to be provided to Cedar Park by Round Rock under this
Agreement only if Round Rock determines that such additional increment of potable water
service is available from the Round Rock system after meeting the potable water service
requirements of its customers as hereinafter more particularly set forth.
(c) Emergency: an Act of God or similar unforeseen and unpreventable catastrophic
circumstance or disaster that significantly affects Cedar Park's ability to provide potable water to
its customers. The term shall not include drought conditions, service interruptions for scheduled
maintenance, lapse of raw water supply contracts or other legal impediments, over commitment
of supply, or replacement or construction of facilities or similar events that are preventable by
the exercise of due diligence, foresight and planning.
(d) Emergency Service: potable water service to be provided to Cedar Park for a
temporary period only in the event of and for the duration of an emergency pursuant to the terms
and conditions more particularly set forth below.
(e) Engineering�Report: the Cedar Park — Round Rock — LCRA Regional Water
Supply Project Preliminary Engineering Report prepared by HDR Engineering.
(f) Firm Service: the maximum assured level of potable water service, expressed in
gallons per day, that Round Rock determines it is capable of providing to Cedar Park on a
consistent basis from the Northwest portion of its Water System, throughout the term of this
Agreement.
2
(g) MGD: million gallons per day.
(h) Point of Delivery: a point at the northwest corner of the intersection of RM 1431
and Sam Bass Road where Cedar Park's water facilities will be connected to Round Rock's
water facilities and from which Cedar Park may withdraw water from the Round Rock water
system.
(i) Project A: the design, acquisition and construction of the following water
facilities and appurtenances, as shown in EXHIBIT A as Projects A-1, A-2, and A-3:
(1) a 2.0 million gallon elevated storage tank to be constructed adjacent to
Round Rock's existing standpipe located northeast of the intersection of Stone
Oak Drive and Mangrove Cave Court; and
(2) a 24"Water Line and appurtenances(the"24"Water Line")in easements
and/or along the right-of-way of RM 1431 from the Point of Delivery easterly to
an existing 24"water line; and
(3) one 7.5 MGD high service pump and associated controls and yard piping
at the Round Rock Water Treatment Plant.
0) Project B. the design, acquisition and construction of the following water
facilities and appurtenances, as shown in EXHIBIT B:
(1) a 16" Water Line and appurtenances (the"16"Water Line") in easements
and/or along the right-of-way of RM 1431 to transport potable water from the
Point of Delivery to the Cedar Park water system.; and
(2) a meter vault, master meter and appurtenances to measure interim water
service provided to Cedar Park hereunder, the same to be located at a mutually
agreed point in or near the Point of Delivery; and
(3) a rate-of-flow controller and appurtenances to monitor and control the rate
of potable water flows from Round Rock to Cedar Park in accordance with this
Agreement, the same to be located with the master meter and appurtenances at a
mutually agreed point in or near the Point of Delivery; and
(4) a backflow prevention device of a size, design, configuration and capacity
approved by the Director of Round Rock's Water and Wastewater Utility and
sufficient to meet the requirements of all regulatory agencies having jurisdiction
with respect to same, the same to be located with the master meter and
appurtenances at the Point of Delivery; and
3
(5) to accommodate Project A, the 30-inch bore under County Road 175 will
not be constructed; however, certain valves, fittings, and appurtances will be
installed to accommodate connection with Project A-2; and
(6) acquisition of all easements, bonds, permits, rights, consents, inspections,
and approvals required for the lawful completion of the Project B with standard
warranties, guaranties and other assurances of performance no less stringent than
those secured in the ordinary course of business for other public works projects
of the City of Round Rock.
(k) Water: potable water meeting those requirements for human consumption and
other domestic uses promulgated by the Texas Department of Health, and/or the Texas
Commission on Environmental Quality.
ARTICLE TWO
TERMS AND CONDITIONS
FOR INTERIM WATER SERVICE
2.01 Agreement to Provide Interim Water Service. Subject to the terms and conditions of this
Agreement and the requirements of applicable law, Round Rock agrees to provide wholesale
water service to Cedar Park at the Point of Delivery on an interim basis ("Interim Water
Service") for the term of this Agreement. The respective maximum levels of Firm Service, As
Available Service and Emergency Service to be provided by Round Rock to Cedar Park under
this Agreement shall be determined in accordance with the procedures set forth below.
2.02 Construction of Project A by Round Rock. Round Rock agrees to design and construct
Project A, as defined above in Article 1.1.01(1) on or before June 1, 2008. The cost of Project A
will be borne by Round Rock, except as provided in Section 2.03 below.
2.03 Cedar Park participation in Project A. Cedar Park agrees that in consideration for Round
Rock's providing the Firm Service that Cedar Park will contribute the sum of $1,000,000
towards the cost of Project A. Cedar Park agrees to pay its share of the cost to Round Rock
within thirtj(30) days following award of the bid by Round Rock. The aforesaid sum of money
is in addition to rates for water service as set forth in section 2.12 below.
2.04 Construction of Project B by Cedar Park. As a condition precedent to the
commencement of Interim Water Service hereunder, Cedar Park agrees to design and construct
the Project B, as defined above in 1.01(k) and (1). The cost of Project B will be shared equally
between Round Rock and Cedar Park; provided however that if the cost of Project B exceeds the
engineer's estimates by more than 5%, then either of the parties hereto may elect to terminate
this Agreement upon written notice to the other party. The engineer's estimate of the cost is
shown on EXHIBIT C, attached hereto. Cedar Park shall design Project B to be compatible in all
respects with those water facilities in the Northwest portion of the Round Rock water system.
Round Rock agrees to pay its share of the cost to Cedar Park within thirty (30) days following
award of the bid by Cedar Park. Regardless of the foregoing, if Cedar Park and Round Rock do
not reach an agreement to participate in a regional water treatment and distribution facility to
4
treat and transport water from Lake Travis,then Round Rock shall have no obligation to share in
the cost of Project B and Round Rock's share shall be borne by Cedar Park.
2.05 Ownership Operation and Maintenance of the Project B. The parties agree that:
(a) following construction and final acceptance thereof, Cedar Park shall own,
operate and maintain those portions of the Project B and appurtenances located on the
downstream side of the Point of Delivery; and
(b) following construction and final acceptance thereof, Cedar Park shall dedicate and
convey to Round Rock for ownership, operation and maintenance of the master meter, rate-of-
flow controller,backflow prevention device and appurtenances and the vault(s)housing the same
and those portions of the Project B located upstream of the master meter, together with all
easements, warranties, guarantees or other contract rights or assurances of performance
appertaining to such facilities.
For those portions of the Project B to be conveyed to Round Rock, Cedar Park agrees to
execute and deliver to Round Rock such deeds,bills of sale, assignments or other instruments as
are necessary to transfer good and marketable title to the facilities to Cedar Park with general
warranty along with all easements, warranties, guarantees or other contract rights or assurances
of performance appertaining to such facilities as hereinabove provided.
2.06 Agreements Concerning Easements. Cedar Park agrees that easements secured for the
Project B or any component thereof shall not contain any provision requiring Round Rock to
provide water or wastewater service to the property owner nor any other provision requiring
Round Rock to expend funds or provide any other service or performance as a condition of the
grant of such easement. In addition, easements for Project B shall not contain a provision
causing the termination of the easement or other adverse impact if Round Rock acquires Project
B or any portion or interest therein from Cedar Park. Easements for the master meter, rate-of-
flow controller and backflow prevention device and appurtenances and the vault(s) to house the
same and those portions of the Water Line located in Round Rock's extraterritorial jurisdiction
shall be secured by Round Rock in the name of both Round Rock so as to allow Round Rock to
own, operate and maintain those portions of Project B to be transferredtto Round Rock following
construction thereof by Cedar Park as contemplated above.
2.07. Requirement for Round Rock's Approval of Plans for Certain Components of Project B.
Cedar Park agrees to submit for review and approval by Round Rock the plans and specifications
for those portions of Project B located in Round Rock's extraterritorial jurisdiction as described
above together with the plans and specifications for the master meter, rate-of-flow controller and
backflow prevention device and appurtenances, and the vault(s) to contain such devices, to the
Director of Round Rock's Water and Wastewater Utility for review and approval prior to the
installation of same by Cedar Park. For those portions of Project B located within Round Rock's
extraterritorial jurisdiction, Round Rock agrees to comply in all respects with City of Round
Rock ordinances applicable to the construction, inspection and approval of Project B.
5
2.08. Inspection of Project B. Round Rock shall have the right, at all times, to inspect the
construction of Project B during all phases of construction and Cedar Park shall provide access
to Round Rock's authorized representatives for this purpose.
2.09. Other Improvements to Cedar Park System. Cedar Park shall be solely responsible for
design and construction of such other and further improvements to the Cedar Park water system
as are necessary for the safe transportation, storage and distribution of potable water received
from the Round Rock water system hereunder. Round Rock shall not be liable for damages to
the Cedar Park water system or to the water facilities of Cedar Park customers arising from the
distribution of potable water received by Cedar Park hereunder.
2.10. Establishment of Maximum Level of Firm Service. Round Rock and Cedar Park agree
that, for the term of this Agreement, Round Rock will provide to Cedar Park at the Point of
Delivery, Firm Service up to a peak daily flow of four (4.0) MGD on a firm or assured basis
("Firm Service"). During said period, Interim Water Service in excess of a peak daily flow of
four(4)MGD will be provided only on an as available basis("As Available Service").
2.11. Effect of Mandatory Water Conservation Measures. Notwithstanding the level of Firm
Service determined under the preceding Section, the parties agree that, if Round Rock institutes
mandatory water conservation measures for its own customers, Cedar Park agrees that either it
will also institute mandatory water conservation measures or Round Rock's commitment for
Firm Service to Cedar Park shall be reduced automatically to 2.80 MGD for the duration of
Round Rock's mandatory conservation measures.
2.12. As Available Service. To the extent potable water service is available from the Round
Rock system in excess of the amount of Firm Service determined hereunder, Cedar Park may
request and,to the extent Round Rock determines such additional water service is available from
the Northwest portion of the Round Rock system, Round Rock has agreed to provide As
Available Service to Cedar Park at the Point of Delivery, subject to the conditions set forth in
this Section.
All Interim Water Service which exceeds the approved level of Firm Service determined in
accordance with the foregoing procedures shall be considered As Available Service. Round
Rock may terminate or reduce such As Available Service at any time during the term of this
Agreement by providing Cedar Park with forty-eight (48) hours written notice of such
termination or reduction. Such notice shall be forwarded by hand delivery or telefax to Cedar
Park's notice address stipulated below and such notice shall contain the following:
(a) a statement indicating the termination or reduction of As Available Service;
(b) in the case of a reduction of As Available Service, the estimated amount of the
reduction in As Available Service;
(c) the estimated duration of such termination or reduction of As Available Service.
6
2.13. Rates For Water Service. Round Rock and Cedar Park agree that the rate for all water
provided to Cedar Park shall be the volume rate for retail customers adopted and amended from
time to time by the Round Rock City Council. The current volume rate for retail customers is
$2.02 per 1,000 gallons of water used.
2.14 Provision of Service During Emergency. In the event of an emergency as defined
hereinabove, and to the degree Round Rock is not already providing to Cedar Park the maximum
flow capable of being transported by Project B, Cedar Park may request that Round Rock
provide emergency water service at the Point of Delivery for a temporary period to assist Cedar
Park in meeting the needs of such emergency and the provision of emergency water service shall
be subject to the following conditions:
(a) the availability of water in the Northwest portion of the Round Rock water system
in excess of that required to service the requirements of Round Rock's water system customers;
(b) a determination by the Director that a bona fide emergency as defined above
exists and that delivery of emergency water service to Cedar Park will not endanger the public
health, safety or welfare of Round Rock citizens;
(c) emergency water service will be provided only for the shorter of the following
periods:
(1) the reasonable duration of the emergency giving rise to the request for
emergency water service;
(2) the reasonable duration needed to repair damage to the Cedar Park water
system occasioned by such emergency;
(3) the duration of Round Rock's ability to provide emergency water service
to Cedar Park as determined by the Director; or
(4) two (2)weeks.
In the event that the emergency exceeds the shorter of the foregoing periods, Cedar Park may
make written request to the Director to continue emergency water service beyond said initial
period. The Director may continue or resume such emergency water service for an additional
period up to two (2) weeks, or such shorter period as the Director shall determine appropriate
and necessary, but only if the Director determines that the emergency giving rise to the initial
request for emergency service has not been abated, that Cedar Park has exercised reasonable
diligence in attempting to remove the disability giving rise to the initial request for emergency
water service, and that water in excess of the needs of Round Rock's customers continues to be
available in the Northwest portion of the Round Rock water system to provide emergency water
service to Cedar Park.
ARTICLE THREE
GENERAL PROVISIONS
3.01. Term of Agreement. This Agreement shall be for an initial term of four years from the
Effective Date. Upon the mutual consent of both parties,the Agreement may be extended.
3.02. Authority. This Agreement is made pursuant to the authority conferred by V.T.C.A.
Government Code, Chapter 791, and V.T.C.A. Local Government Code Secs. 402.001 and
402.017.
3.03. Payments From Current Revenues. All payments, if any, required to be made by a
governmental entity hereunder shall be payable from current revenues or other funds lawfully
available for such purpose.
3.04. Force Majeure. If,by reason of Force Majeure(as hereinafter defined), any party shall be
rendered wholly or partially unable to carry out its obligations under this Agreement after its
effective date, then such party shall give written notice of the particulars of such Force Majeure
to the other party or parties within a reasonable time after the occurrence thereof.
The obligations of the party giving such notice, to the extent affected by such Force Majeure,
shall be suspended during the continuance of the inability claimed and for no longer period, and
any such party shall in good faith exercise its best efforts to remove and overcome such inability.
Payment obligations shall not be considered to be affected by Force Majeure.
The term "Force Majeure" as utilized herein shall mean and refer to acts of God; strikes,
lockouts or other industrial disturbances; acts of public enemies; orders of any kind of the
government of the United States, the State of Texas, or any other civil or military authority;
insurrections; riots; epidemics; landslides; earthquakes; lightning; fires; hurricanes; storms;
floods; washouts; or other natural disasters; arrests; restraint of government and people; civil
disturbances; explosions;breakage or accidents to machinery,pipelines or canals; or other causes
not reasonably within the control of the party claming such inability.
3.05 Entire Agreement. This Agreement contains the entire Agreement of the parties and
supersedes all prior or contemporaneous, understandings and representations, whether oral or
written,respecting the subject matter hereof.
3.06. Amendments. Any amendment hereof must be in writing and signed by the authorized
representative of each party hereto.
3.07. No Amendment of Other Agreements. Unless otherwise expressly stipulated herein, this
Agreement is separate from and shall not constitute an amendment or modification of any other
agreement between the parties.
3.08 No Third Party Beneficiaries. This Agreement shall inure only to the benefit of the
parties hereto and third parties not privy to this Agreement shall not, in any form or manner, be
considered a third party beneficiary of this Agreement.
8
3.09. Assignment. The rights and obligations of a party arising under this Agreement shall not
be assignable.
3.10. Annlicable Law. This Agreement shall be construed under and in accordance with Texas
law.
3.11. Venue. Venue for any action arising hereunder shall be in Williamson County,Texas.
3.12. Notices. Notices provided hereunder shall be sufficient if forwarded to the other party by
hand-delivery or via U.S. Postal Service,postage prepaid, to the address of the other party shown
below:
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-12ark.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:jnusearound-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: slsheetsasheets-crossfield.com
9
3.13. Multiple Ori�als. This Agreement may be executed in multiple originals each of equal
dignity.
3.14. Effective Date. This Agreement shall be effective from and after the date of due
execution by the authorized representative of each party to this Agreement.
IN WITNESS WHEREOF, the authorized representatives of Round Rock and Cedar Park have
executed this Agreement as of the date(s)shown below.
CITY OF ROUND ROCK:
ATTEST:
By:
City Secretary Nyle Maxwell,Mayor
Date:
CITY OF CEDAR PARK:
ATTEST:
By.
City Secretary Printed Name:
Title:
Date:
10
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OPINION OF PROBABLE COSTS
DATE:03119107
OPT. "S" OPT."B-Alt01
ITEM NO, COSTIUNIT TOTAL COST TOTAL COST
1 ISITE PREP.,MOBILIZATION a BONDS LS 1 $18,000 $18,002 $18,000
2 ITRENCH SAFETY LF 1,500 $2 $3,000 ;3 000
3 IEROSION CONTROL LF 1,500 $3 $4.500",
4 TRAFFIC CONTROL LS 1 $-510--0-0
4M TRAFFIC CONTROL LS 1 $3 000 S,3,W0
5 18"CLASS 200,It ,O
RESTRAINED,D.I.P. LF 1,650 $100 ;185000
5-Ak Is*CLASS 200,RESTRAINED,D.I.P. LF 1.6m sloo $150,000
6 1 16"CLASS 250,GATE VALVE EA 3 $5,500 $18.5W $18,500
6-Alt 12r CLASS�=GATE VALVE EA 2 12250077 $45,00D
7 116' Cr CLASS 250,RESTRAINED,D.I. REDUCFER EA 1 $2 W $2 000 $2,000
8 lilrx r CLASS 250,RESTRAINED,D.I. REDUCER EA 1 2 $2,000 $4,000 $4 000
S-Ak I RESTAINED,24'01 TEE,24-x1e-,REDUCER,421Q4"REDUCER,48"45 DEG.BEND,48"PLUG TONS 5 $4,000,;,- $21,300
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lo 13(r BORE STEEL CASING PIPE Q CR 175 (wcARRjERPIPE N0TNMlVM LF 150 $350 $52.15W4,.'"
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10-AR 4S"CLASS 2oo,NESTAINED D.I.P. LF 00 $400 $24
ii licr FLOW CONTROL VALVE LS 1 $10,000 $10000 $1-0102-00
12 110CHECK VALVE EA 1 $10,000 $10 000 $10,000
13 jr SENSUS TURBINE METER WfflTRAINER LS 1 $4.000 $4.000 $4,000
14 ELECTRICAL&SCADA LS 1 $20 000 $20.000 $20 DOQ
15 6 DIA.X 9 H CONCRETE MANHOLE RISER WITH FLAT TOP AND LID LS 2 $3000 $6,000 $6000
18 5110 STANDARD FIRE HYDRANT ASSEMBLY EA 2 $3500 $7,000 $7,000
17 TOPSOIL HYDoMuLcHING By a000 $2 _!13,500 ll-q-5001
SUBTOTAL $341,000 sull"o
CONTINGENCY(-15%) $51,150 $51,150
ENGINEERING&SURVEYING(-15%) $58,823 $58.823
LEGAL,EASEMENTS a SURVEYING $50,000 $50,000
1GRAND TOTAL $300,973 5521'e33
6%Increase over the OPT."B"Grand TOW Is 1.$5($5W,973)=$62$,021-66
DMR,Cky of Round Rock =3=7
DATE: May 17, 2007
SUBJECT: City Council Meeting - May 24, 2007
ITEM: 11D4. Consider a resolution authorizing the Mayor to execute a revised
Interlocal Agreement for Interim Water Supply between the City of
Round Rock and the City of Cedar Park.
Department: Water and Wastewater Utilities
Staff Person: Michael D. Thane, Director of Utilities
Justification:
This resolution is to revise the current Interlocal Agreement for Interim Water Supply
(Revised), executed on July 27, 2006, from providing Cedar Park a firm capacity of 2.5
million gallons per day (MGD) to a firm capacity of 4 MGD. The purpose of this agreement,
like the current agreement, is to provide Cedar Park interim water allowing the completion
dates of the Regional Water Treatment Plant and associated water lines to be delayed for
two years to the Spring of 2010. In order to provide Cedar Park the 4 MGD, the City of
Round Rock has identified three Capital Improvement Projects necessary to provide this 4
MGD flow rate. The first project is the RM 1431 24-inch Water Line, the second project is
the RM 1431 2.0 MG Elevated Water Storage Tank, and the third project is a 7.5 MGD High
Service Pump at our Water Treatment Plant. With this interlocal agreement, Cedar Park has
agreed to pay the City of Round Rock a lump sum amount of $1,000,000.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: City of Cedar Park
Background Information:
The purpose of this agreement is to provide Cedar Park interim water allowing the
completion dates of the Regional Water Treatment Plant and associated regional water lines
to be delayed from the Spring of 2008 to the Spring of 2010. The three City of Round Rock
projects required to provide the 4 MGD to Cedar Park are projects that the City of Round
was going to construct in the future. Cedar Park is agreeing to contribute $1,000,000
toward these projects for the City of Round Rock to accelerate the project schedules.
Public Comment: N/A
EXECUTED
uUMYCENT
FOILLOWIIIS
INTERLOCAL AGREEMENT FOR INTERIM WATER SUPPLY
(2aa REVISED; MAY,2007)
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
THIS INTERLOCAL AGREEMENT (2"d REVISED; MAY 2007) is made and entered into by
and between the City of Cedar Park, a Texas home rule municipal corporation ("Cedar Park")
acting by and through its duly authorized Mayor, and the City of Round Rock, a Texas home rule
municipal corporation("Round Rock")acting by and through its duly authorized Mayor.
RECITALS:
1. Cedar Park,Round Rock,and Leander("Leander")each own and operate extensive water
and wastewater utility systems providing utility service to customers in Williamson and Travis
Counties.
2. Cedar Park and Round Rock recognize that substantial benefits may be derived from joint
cooperation with each other and with Leander in the planning, financing, construction and
provisions of utilities in the region served by the parties.
3. Cedar Park and Round Rock are interested in joining together with Leander to design,
construct and operate a regional water treatment and distribution facility to treat and transport
water from Lake Travis to their respective customers.
4. Based on current information available to Cedar Park and Round Rock, it is anticipated
that Cedar Park will need additional treatment capacity by the Spring of 2008, but that Round
Rock will not need additional treatment capacity until the Spring of 2014.
4. Subject to certain operational limitations, Round Rock has determined that it will, for a
period of years, have varying amounts of excess water capacity available in the Northwest
portion of its system.
6. Cedar Park and Round Rock have studied the feasibility of permitting Cedar Park to
utilize the excess capacity available in the Round Rock water system on an interim basis to
postpone the need for completion of the additional treatment capacity until the Spring of 2010.
7. Round Rock will benefit both operationally and financially from the sale of its excess
capacity on an interim basis to Cedar Park.
8. Cedar Park and Round Rock will benefit financially from the postponing of the
construction of the additional treatment capacity.
R o7-a5-aJ4-1 i D4
115898
9. Cedar Park and Round Rock desire to set forth in writing the terms and conditions for the
interim sale of water from Round Rock to Cedar Park.
10. Cedar Park and Round Rock previously on February 10, 2006 entered into an Interlocal
Agreement For Interim Water Supply. Cedar Park and Round Rock subsequently on August 10,
2006 entered into an Interlocal Agreement for Interim Water Supply (Revised) which increased
the amount of interim water service to be made available to Cedar Park. Said parties now wish to
again amend such revised agreement to increase the amount of interim water service to be made
available to Cedar Park by Round Rock, as evidenced by this 2d revised agreement.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and
undertakings set forth below, Cedar Park and Round Rock hereby contract and agree as follows:
ARTICLE ONE
DEFINITIONS
1.01 Unless.the context clearly requires otherwise, the following terms shall have the meaning
set forth below:
(a) Agreement: this "Interlocal Agreement for Interum Water Supply (2nd Revised;
May 2007)."
(b) As Available Service: the increment of interim wholesale water service in excess
of Firm Service as defined below to be provided to Cedar Park by Round Rock under this
Agreement only if Round Rock determines that such additional increment of potable water
service is available from the Round Rock system after meeting the potable water service
requirements of its customers as hereinafter more particularly set forth.
(c) Emergency: an Act of God or similar unforeseen and unpreventable catastrophic
circumstance or disaster that significantly affects Cedar Park's ability to provide potable water to
its customers. The term shall not include drought conditions, service interruptions for scheduled
maintenance, lapse of raw water supply contracts or other legal impediments, over commitment
of supply, or replacement or construction of facilities or similar events that are preventable by
the exercise of due diligence, foresight and planning.
(d) Emergency Service: potable water service to be provided to Cedar Park for a
temporary period only in the event of and for the duration of an emergency pursuant to the terms
and conditions more particularly set forth below.
(e) Engmeering_Report: the Cedar Park — Round Rock — LCRA Regional Water
Supply Project Preliminary Engineering Report prepared by HDR Engineering.
M Firm Service: the maximum assured level of potable water service, expressed in
gallons per day, that Round Rock determines it is capable of providing to Cedar Park on a
consistent basis from the Northwest portion of its Water System; throughout the term of this
Agreement.
2
(g) MGD: million gallons per day.
(h) Point of Delivery: a point at the northwest corner of the intersection of RM 1431
and Sam Bass Road where Cedar Park's water facilities will be connected to Round Rock's
water facilities and from which Cedar Park may withdraw water from the Round Rock water
system.
(i) Project A: the design, acquisition and construction of the following water
facilities and appurtenances, as shown in EXHIBIT A as Projects A-1.A-2 and A-3:
(1) a 2.0 million gallon elevated storage tank to be constructed adjacent to
Round Rock's existing standpipe located northeast of the intersection of Stone
Oak Drive and Mangrove Cave Court("Project A-1"); and
(2) a 24" Water Line and appurtenances (the "24" Water Line") in easements
and/or along the right-of-way of RM 1431 from the Point of Delivery easterly to
an existing 24"water line("Project A-2"); and
(3) one 7.5 MGD high service pump and associated controls and yard piping
at the Round Rock Water Treatment Plant("Project A-3").
0) Project B. the design, acquisition and construction of the following water
facilities and appurtenances, as shown in EXHIBIT B:
(1) a 16" Water Line and appurtenances (the"16"Water Line") in easements
and/or along the right-of-way of RM 1431 to transport potable water from the
Point of Delivery to the Cedar Park water system.; and
(2) a meter vault, master meter and appurtenances to measure interim water
service provided to Cedar Park hereunder, the same to be located at a mutually
agreed point in or near the Point of Delivery; and
(3) a rate-of-flow controller and appurtenances to monitor and control the rate
of potable water flows from Round Rock to Cedar Park in accordance with this
Agreement, the same to be located with the master meter and appurtenances at a
mutually agreed point in or near the Point of Delivery; and
(4) a backflow prevention device of a size, design, configuration and capacity
approved by the Director of Round Rock's Water and Wastewater Utility and
sufficient to meet the requirements of all regulatory agencies having jurisdiction
with respect to same, the same to be located with the master meter and
appurtenances at the Point of Delivery; and
3
(5) to accommodate Project A, the 30-inch bore under County Road 175 will
not be constructed; however, certain valves, fittings, and appurtances will be
installed to accommodate connection with Project A-2; and
(6) acquisition of all easements, bonds, permits, rights, consents, inspections,
and approvals required for the lawful completion of the Project B with standard
warranties, guaranties and other assurances of performance no less stringent than
those secured in the ordinary course of business for other public works projects
of the City of Round Rock.
(k) Water: potable water meeting those requirements for human consumption and
other domestic uses promulgated by the Texas Department of Health, and/or the Texas
Commission on Environmental Quality.
ARTICLE TWO
TERMS AND CONDITIONS
FOR INTERIM WATER SERVICE
2.01 Asreement to Provide Interim Water Service. Subject to the terms and conditions of this
Agreement and the requirements of applicable law, Round Rock agrees to provide wholesale
water service to Cedar Park at the Point of Delivery on an interim basis ("Interim Water
Service") for the term of this Agreement. The respective maximum levels of Firm Service, As
Available Service and Emergency Service to be provided by Round Rock to Cedar Park under
this Agreement shall be determined in accordance with the procedures set forth below.
2.02 Construction of Project A by Round Rock. Round Rock agrees to design and construct
Project A-2, as defined above in Article I.1.01(i) on or before June 1, 2008. Round Rock agrees
to design and construct Projects A-1 and A-3 on or before June 1, 2009. The cost of Project A
will be borne by Round Rock, except as provided in Section 2.03 below.
2.03 Cedar Park particivation in Project A. Cedar Park agrees that in consideration for Round
Rock's providing the Finn Service that Cedar Park will contribute the sum of $1,000,000
towards the cost of Project A. Cedar Park agrees to pay its share of the cost to Round Rock
within thirty(30) days following award of the bid by Round Rock. The aforesaid sum of money
is in addition to rates for water service as set forth in section 2.12 below.
2.04 Construction of Project B by Cedar Park. As a condition precedent to the
commencement of Interim Water Service hereunder, Cedar Park agrees to design and construct
the Project B, as defined above in 1.41(k) and 0). The cost of Project B will be shared equally
between Round Rock and Cedar Park;provided however that if the cost of Project B exceeds the
engineer's estimates by more than 5%, then either of the parties hereto may elect to terminate
this Agreement upon written notice to the other party. The engineer's estimate of the cost is
shown on EXHIBIT C, attached hereto. Cedar Park shall design Project B to be compatible in all
respects with those water facilities in the Northwest portion of the Round Rock water system.
Round Rock agrees to pay its share of the cost to Cedar Park within thirty (30) days following
award of the bid by Cedar Park. Regardless of the foregoing, if Cedar Park and Round Rock do
4
not reach an agreement to participate in a regional water treatment and distribution facility to
treat and transport water from Lake Travis, then Round Rock shall have no obligation to share in
the cost of Project B and Round Rock's share shall be borne by Cedar Park.
2.05 Ownership, Operation and Maintenance of the Project B. The parties agree that:
(a) following construction and final acceptance thereof, Cedar Park shall own,
operate and maintain those portions of the Project B and appurtenances located on the
downstream side of the Point of Delivery; and
(b) following construction and final acceptance thereof,Cedar Park shall dedicate and
convey to Round Rock for ownership, operation and maintenance of the master meter, rate-of-
flow controller,backflow prevention device and appurtenances and the vault(s)housing the same
and those portions of the Project B located upstream of the master meter, together with all
easements, warranties, guarantees or other contract rights or assurances of performance
appertaining to such facilities.
For those portions of the Project B to be conveyed to Round Rock, Cedar Park agrees to
execute and deliver to Round Rock such deeds, bills of sale, assignments or other instruments as
are necessary to transfer good and marketable title to the facilities to Cedar Park with general
warranty along with all easements, warranties, guarantees or other contract rights or assurances
of performance appertaining to such facilities as hereinabove provided.
2.06 Agreements Concerning Easements. Cedar Park agrees that easements secured for the
Project B or any component thereof shall not contain any provision requiring Round Rock to
provide water or wastewater service to the property owner nor any other provision requiring
Round Rock to expend funds or provide any other service or performance as a condition of the
grant of such easement. In addition, easements for Project B shall not contain a provision
causing the termination of the easement or other adverse impact if Round Rock acquires Project
B or any portion or interest therein from Cedar Park. Easements for the master meter, rate-of-
flow controller and backflow prevention device and appurtenances and the vault(s) to house the
same and those portions of the Water Line located in Round Rock's extraterritorial jurisdiction
shall be secured by Round Rock in the name of both Round Rock so as to allow Round Rock to
own, operate and maintain those portions of Project B to be transferred to Round Rock following
construction thereof by Cedar Park as contemplated above.
2.07. Requirement for Round Rock's Approval of Plans for Certain Components of Project B.
Cedar Park agrees to submit for review and approval by Round Rock the plans and specifications
for those portions of Project B located in Round Rock's extraterritorial jurisdiction as described
above together with the plans and specifications for the master_meter, rate-of-flow controller and
backflow prevention device and appurtenances, and the vault(s) to contain such devices, to the
Director of Round Rock's Water and Wastewater Utility for review and approval prior to the
installation of same by Cedar Park. For those portions of Project B located within Round Rock's
extraterritorial jurisdiction, Round Rock agrees to comply in all respects with City of Round
Rock ordinances applicable to the construction, inspection and approval of Project B.
5
2.08. Inspection of Project B. Round Rock shall have the right, at all times, to inspect the
construction of Project B during all phases of construction and Cedar Park shall provide access
to Round Rock's authorized representatives for this purpose.
2.09. Other Improvements to Cedar Park System. Cedar Park shall be solely responsible for
design and construction of such other and further improvements to the Cedar Park water system
as are necessary for the safe transportation, storage and distribution of potable water received
from the Round Rock water system hereunder. Round Rock shall not be liable for damages to
the Cedar Park water system or to the water facilities of Cedar Park customers arising from the
distribution of potable water received by Cedar Park hereunder.
2.10. Establishment of Maximum Level of Firm Service. Round Rock and Cedar Park agree
that, for the term of this Agreement, Round Rock will provide to Cedar Park at the Point of
Delivery, Firm Service up to a peak daily flow of four (4.0) MGD on a firm or assured basis
("Firm Service"). During said period, Interim Water Service in excess of a peak daily flow of
four(4)MGD will be provided only on an as available basis("As Available Service").
2.11. Effect of Mandatory Water Conservation Measures. Notwithstanding the level of Firm
Service determined under the preceding Section, the parties agree that, if Round Rock institutes
mandatory water conservation measures for its own customers, Cedar Park agrees that either it
will also institute mandatory water conservation measures or Round Rock's commitment for
Firm Service to Cedar Park shall be reduced automatically to 2.80 MGD for the duration of
Round Rock's mandatory conservation measures.
2.12. As Available Service. To the extent potable water service is available from the Round
Rock system in excess of the amount of Firm Service determined hereunder, Cedar Park may
request and,to the extent Round Rock determines such additional water service is available from
the Northwest portion of the Round Rock system, Round Rock has agreed to provide As
Available Service to Cedar Park at the Point of Delivery, subject to the conditions set forth in
this Section.
All Interim Water Service which exceeds the approved level of Firm Service determined in
accordance with the foregoing procedures shall be considered As Available Service. Round
Rock may terminate or reduce such As Available Service at any time during the term of this
Agreement by providing Cedar Park with forty-eight (48) hours written notice of such
termination or reduction. Such notice shall be forwarded by hand delivery or telefax to Cedar
Park's notice address stipulated below and such notice shall contain the following:
(a) a statement indicating the termination or reduction of As Available Service;
(b) in the case of a reduction of As Available Service, the estimated amount of the
reduction in As Available Service;
(c) the estimated duration of such termination or reduction of As Available Service.
6
2.13. Rates For Water Service. Round Rock and Cedar Park agree that the rate for all water
provided to Cedar Park shall be the volume rate for retail customers adopted and amended from
time to time by the Round Rock City Council. The current volume rate for retail customers is
$2.02 per 1,000 gallons of water used.
2.14 Provision of Service During Emer_ *g_ency. In the event of an emergency as defined
hereinabove, and to the degree Round Rock is not already providing to Cedar Park the maximum
flow capable of being transported by Project B, Cedar Park may request that Round Rock
provide emergency water service at the Point of Delivery for a temporary period to assist Cedar
Park in meeting the needs of such emergency and the provision of emergency water service shall
be subject to the following conditions:
(a) the availability of water in the Northwest portion of the Round Rock water system
in excess of that required to service the requirements of Round Rock's water system customers;
(b) a determination by the Director that a bona fide emergency as defined above
exists and that delivery of emergency water service to Cedar Park will not endanger the public
health, safety or welfare of Round Rock citizens;
(c) emergency water service will be provided only for the shorter of the following
periods:
(1) the reasonable duration of the emergency giving rise to the request for
emergency water service;
(2) the reasonable duration needed to repair damage to the Cedar Park water
system occasioned by such emergency;
(3) the duration of Round Rock's ability to provide emergency water service
to Cedar Park as determined by the Director; or
(4) two (2)weeks.
In the event that the emergency exceeds the shorter of the foregoing periods, Cedar Park may
make written request to the Director to continue emergency water service beyond said initial
period. The Director may continue or resume such emergency water service for an additional
period up to two (2) weeks, or such shorter period as the Director shall determine appropriate
and necessary, but only if the Director determines that the emergency giving rise to the initial
request for emergency service has not been abated, that Cedar Park has exercised reasonable
diligence in attempting to remove the disability giving rise to the initial request for emergency
water service, and that water in excess of the needs of Round Rock's customers continues to be
available in the Northwest portion of the Round Rock water system to provide emergency water
service to Cedar Park.
7
ARTICLE THREE
GENERAL PROVISIONS
3.01 Term of Agreement. This Agreement shall be for an initial term of four years from the
Effective Date. Upon the mutual consent of both parties,the Agreement may be extended.
3.02. Authori1y This Agreement is made pursuant to the authority conferred by V.T.C.A.
Government Code, Chapter 791, and V.T.C.A. Local Government Code Secs. 402.001 and
402.017.
3.03. Payments From Current Revenues. All payments, if any, required to be made by a
governmental entity hereunder shall be payable from current revenues or other funds lawfully
available for such purpose.
3.04. Force Maieure. If,by reason of Force Majeure(as hereinafter defined), any party shall be
rendered wholly or partially unable to carry out its obligations under this Agreement after its
effective date, then such party shall give written notice of the particulars of such Force Majeure
to the other party or parties within a reasonable time after the occurrence thereof.
The obligations of the party giving such notice, to the extent affected by such Force Majeure,
shall be suspended during the continuance of the inability claimed and for no longer period, and
any such party shall in good faith exercise its best efforts to remove and overcome such inability.
Payment obligations shall not be considered to be affected by Force Majeure.
The term "Force Majeure" as utilized herein shall mean and refer to acts of God; strikes,
lockouts or other industrial disturbances; acts of public enemies; orders of any kind of the
government of the United States, the State of Texas, or any other civil or military authority;
insurrections; riots; epidemics; landslides; earthquakes; lightning; fires; hurricanes; storms;
floods; washouts; or other natural disasters; arrests; restraint of government and people; civil
disturbances; explosions;breakage or accidents to machinery,pipelines or canals; or other causes
not reasonably within the control of the party claming such inability.
3.05 Entire Agreement. This Agreement contains the entire Agreement of the parties and
supersedes all prior or contemporaneous, understandings and representations, whether oral or
written,respecting the subject matter hereof.
3.06. Amendments. Any amendment hereof must be in writing and signed by the authorized
representative of each party hereto.
3.07. No Amendment of Other Agreements. Unless otherwise expressly stipulated herein, this
Agreement is separate from and shall not constitute an amendment or modification of any other
agreement between the parties.
3.08 No Third Party Beneficiaries. This Agreement shall inure only to the benefit of the
parties hereto and third parties not privy to this Agreement shall not, in any form or manner,be
considered a third party beneficiary of this Agreement.
8
3.09. Assigxnment. The rights and obligations of a party arising under this Agreement shall not
be assignable.
3.10. Applicable Law. This Agreement shall be construed under and in accordance with Texas
law.
3.11. Venue. Venue for any action arising hereunder shall be in Williamson County,Texas.
3.12. Notices. Notices provided hereunder shall be sufficient if forwarded to the other party by
hand-delivery or via U.S. Postal Service,postage prepaid,to the address of the other party shown
below:
CEDAR PARK: 600 North Bell Blvd.
Cedar Park,Texas 78613
Attn: Sam Roberts
Telephone: (512)2584121 x6321
Facsimile: (512)258-6083
Email: robertsna,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: lsmithaleonardsmithlaw.com
ROUND ROCK: 221 East Main
Round Rock,Texas 78664
Attn: Jim Nuse
Telephone: (512)218-5410
Facsimile:(512)218-7097
Email:jnusena,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 a&sheets-crossfield.com
9
3.13. Multiple Originals. This Agreement may be executed in multiple originals each of equal
dignity.
3.14. Effective Date. This Agreement shall be effective from and after the date of due
execution by the authorized representative of each party to this Agreement.
IN WITNESS WHEREOF, the authorized representatives of Round Rock and Cedar Park have
executed this Agreement as of the date(s) shown below.
CITY OF ROUND ROCK:
TTEST:
By:
City Secretary -;;;WeMatqell,Mayor
Date: o�5-0 I
CITY OF CEDAR PARK:
ATTEST:
By:
City Secretary Printed Name: (o6e-4 L-euu0hl
Title: r
Date: -b 8
10
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16-INCH WATER LINE
CEDAR PARK/ROUND ROCK INTERNA S EMERGENCY WATER CONNECTION
AT RM 1431 AND SAM BASS ROAD
OPINION OF PROBABLE COSTS
DATE:05/24/07
ITEM NO, DESCRIPTION UNITS QUANTITY COSTAINIT TOTAL COST
1 SITE PREP.,MOBILIZATION&BONDS LS 1 $18,000 $18 000
2 TRENCH SAFETY LF 1,500 $2 $3
3 EROSION CONTROL LF 1,500 $3 $4 500
4 TRAFFIC CONTROL LS 1 $5 000 ''
4-M TRAFFIC CONTROL LS 1 $3.000 $3 000
5 16"CLASS 200 RESTRAINED,D.I.P. LF 1,650 $100
5-M 16"CLASS 200,RESTRAINED,D.I.P. LF 1 500 $100 $150000
6 16"CLASS 250 GATE VALVE EA 3 $5,500 $16,500
6-M 24"CLASS 250,GATE VALVE EA 2 $22,500 $45,000
7 16"x10"CLASS 250,RESTRAINED,D.I.,REDUCER EA 1 $2,000 $2,000
8 16"x 8"CLASS 250 RESTRAINED D.I. REDUCER EA 2 $2,000 $4,000
8-M RESTAINED 24"DI TEE 24"x16"REDUCER,42"x24"REDUCER,48"45 DEG.BEND,48"PLUG TONS 5 $4,000 $21,3001
10 30"BORE&STEEL CASING PIPE C CR 175 (16"CARRIER PIPE NOT INCLUDED) LF 150 $350
IGM 48"CLASS 200 RESTAINED D.I.P. LF 60 $400 $24 000
11 10"FLOW CONTROL VALVE LS 1 $10,000 $10 000
12 10"CHECK VALVE EA 1 $10 000 $10,000
13 8"SENSUS TURBINE METER W/STRAINER LS 1 $4 000 $4,000
14 ELECTRICAL&SCADA LS 1 $20 000 $20000
15 W DIA.X F H CONCRETE MANHOLE RISER WITH FLAT TOP AND LID LS 2 $3,000 $6.000
16 51/4"STANDARD FIRE HYDRANT ASSEMBLY EA 2 $3,5WI $7,000
17 TOPSOIL&HYDOMULCHING SY 9,000 1 $2 13500
SUBTOTAL 1,880
CONTINGENCY(-15%) $51,150
ENGINEERING&SURVEYING(-15%) $58,823
LEGAL,EASEMENTS&SURVEYING $50 000
GRAND TOTAL $621,833
EXHIBIT "C"
DMR,City of Round Rods 5/31/2007