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R-07-09-13-11D6 - 9/13/2007 RESOLUTION NO. R-07-09-13-11D6 WHEREAS, the City of Round Rock has previously entered into an Interlocal Agreement with the City of Cedar Park and the City of Leander regarding final design services for the regional water system, and WHEREAS, the City now desires to enter into Amendment No. 1 to the Interlocal Agreement to include additional services, 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 Amendment No. 1 to the Interlocal Agreement Regarding Final Design Services for Regional Water System with the City of Cedar Park and the City of Leander, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes . The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of September, 007 . N ELL, Mayor 7j City of Round Rock, Texas Al...�► 11s CHRISTINE R. MARTINEZ, City Secre ary 0:\wdox\RESOLUTI\R70913D6.WPD/rmc AMENDMENT NO. 1 TO INTERLOCAL AGREEMENT REGARDING FINAL DESIGN SERVICES FOR REGIONAL WATER SYSTEM THIS AMENDMENT NO. 1 TO INTERLOCAL AGREEMENT REGARDING FINAL DESIGN SERVICES FOR REGIONAL WATER SYSTEM ("Amendment No. 1") is entered into between the City of Round Rock, Texas ("Round Rock"); the City of Cedar Park, Texas, ("Cedar Park"); and the City of Leander, Texas ("Leander"). This Amendment No. 1 amends that one certain Interlocal Agreement Regarding Final Design Services for Regional Water System("Agreement") entered into by the aforesaid cities on or about April 12, 2007. I. Section 1.03, definition of"Cost Allocation Percentage" is amended to read as follows: 1.03 "Cost Allocation Percentage" means the percentage of Final Design Costs to be paid by each Party. The Cost Allocation Percentages for each category of Final Design Services are set forth on Exhibit"A",Revision 1 attached hereto II. Section 4.02 (a)is amended to read as follows: (a) All Final Design Costs shall be shared by the Parties according to the Cost Allocation Percentages applicable to each Project Category designation, as set forth in Exhibit "A". Revision 1, attached hereto. III. Section 4.03 (a)(i) is hereby amended to read as follows: 4.03 Design Fund (a) The Parties shall contribute monies to the Design Fund in accordance with the following provisions: (i) In accordance with the terms of the original Agreement, the Parties have previously deposited into the Design Fund certain sums of money ("the Design Payments") representing the initial deposit of twenty-five percent (25%) of each Party's share of the estimated Final Design Costs, plus additional sums as requested by Round Rock to pay invoices for the Final Design Contracts. Each Party's total estimated Design Payments, based on the estimated Final Design Costs set forth in Exhibit "A". Revision 1 attached hereto, including Design Payments previously made, is set forth below: EXHIBIT "An 1) Round Rock $3,127,204.62 2) Leander $3,737,114.38 3) Cedar Park $1,030,497.00 N. Section 5.10 is amended to read as follows: 5.10 Exhibits. The following exhibits are attached to this Agreement and incorporated herein by reference: Exhibit A. Revision 1 Cost Allocation Percentages Exhibit B Project Schedule V. Exhibit A, Revision 1 is attached to this Amendment 1. [SIGNATURES ON FOLLOWING PAGES] 2 CITY OF ROUND ROCK: ATTEST: By: Christine Martinez, City Secretary Nyle Maxwell, Mayor Date: 3 CITY OF CEDAR PARK: ATTEST: By: LeAnn Quinn, City Secretary Bob Lemon, Mayor Date: 4 CITY OF LEANDER.- ATTEST: By: Debbie Haile, City Secretary John Cowman, Mayor Date: 5 EXHIBIT "A", REVISION 1 ALLOCATION OF COSTS Initial Final Supplemental Amended Capacity Cost Design Contract No.2 Final Design Phase/Segment (MGD) Allocation Costs Costs Costs Raw Water System and Barge Cedar Park 15.0 14.18% $310,835.00 $62,925.73 $373,760.73 Leander 50.0 47.26% $1,035,971.00 $209,722.87 $1,245,693.87 Round Rock 40.8 38.56% $845,261.00 $171,115.40 $1,016,376.40 Total 105.8 100.00% $2,192,067.00 $"31764.00 $2,635,831.00 Water Treatment Plant Cedar Park 15.0 14.18% $369,644.00 $120,628.27 $490,272.27 Leander 50.0 47.26% $1,231,974.00 $402,037.51 $1,634,011.51 Round Rock 40.8 38.56% $1,005,182.00 $328,027.22 $1,333,209.22 Total 105.8 100.00% $2,606,800.00 $850,693.00 $3,457,493.00 Transmission Line Segments Segment 1 Cedar Park 15.0 14.18% $166,463.00 0 $166,463.00 Leander 50.0 47.26% $554,800.00 0 $554,800.00 Round Rock 40.8 38.56% $452,668.00 0 $452,668.00 Total 105.8 100.00% $1,173,931.00 0 $1,173,931.00 Segment 2C Cedar Park 0 0% $0 0 $0 Leander 38 48.22% $302,610.00 0 $302,610.00 Round Rock 40.8 51.78% $324,951.00 0 $324,951.00 Total 78.8 100.00% $627,561.00 0 $627,561.00 Allocation of Costs Cedar Park $846,943.00 $183,554.00 $1,030,497.00 Leander $3,125,354.00 $611,760.38 $3,737,114.38 Round Rock $2,628,062.00 $499,142.62 $3,127,204.62 Total $6,600,359.00 $1,294,457.00 $7,894,816.00 25% Payment Initial Amended Cedar Park $211,735.69 $257,624.25 Leander $781,338.56 $934,278.60 Round Rock $657,015.50 $781,801.16 6 SUBSTITUTE - 11D6 DATE: September 6, 2007 SUBJECT: City Council Meeting - September 13, 2007 ITEM: 11D6. Consider a resolution authorizing the Mayor to execute Amendment No. 1 to an Interlocal Agreement Regarding Final Design Services for a Regional Water System with the City of Cedar Park and the City of Leander. Department: Water and Wastewater Utilities Staff Person: Michael D. Thane, Director of Utilities Justification: This Interlocal Agreement between the three Cities outlines the procedure for managing the Final Design Service contracts. These services are being provided by four highly respected Engineering Firms who were selected based on the review of about 20 firms that responded to the Cities request for qualifications. This Amendment No. 1 to the Interlocal Agreement is due to additional services that are being required by the three Cities for two of the Engineering Firms. Funding• Cost: $499,142.62 (Round Rock portion of Amendment No. 1; and new total for Final Design Services for four firms listed below is $3,127,204.62) Source of funds: Capital Project Funds (Self-Financed Utility) Outside Resources: City of Cedar Park and City of Leander Carter & Burgess, Inc. ($1,016,376.40 is Round Rock portion) Camp, Dresser & McKee, Inc. ($1,333,209,22) Lockwood, Andrews & Newnam, Inc. ($452,668.00) K. Friese &Associates, Inc. ($324,951.00) Background Information: The Cities of Round Rock, Cedar Park, and Leander have agreed to jointly pursue a Regional Water System that will ultimately provide an additional 105.8 million gallons per day of potable water to meet future water demands of the Cities based on projected population growth. All Final Design Costs shall be shared by the Parties according to their ultimate capacity allocation percentage in the Regional Water System. These percentages are Round Rock (38.56%); Cedar Park (14.18%); and Leander (47.26%). Public Comment: N/A EXECUTED DOCUMENT FOLLOWS AMENDMENT NO. 1 TO INTERLOCAL AGREEMENT REGARDING FINAL DESIGN SERVICES FOR REGIONAL WATER SYSTEM THIS AMENDMENT NO. 1 TO INTERLOCAL AGREEMENT REGARDING FINAL DESIGN SERVICES FOR REGIONAL WATER SYSTEM ("Amendment No. 1") is entered into between the City of Round Rock, Texas ("Round Rock"); the City of Cedar Park, Texas, ("Cedar Park"); and the City of Leander, Texas ("Leander"). This Amendment No. 1 amends that one certain Interlocal Agreement Regarding Final Design Services for Regional Water System("Agreement") entered into by the aforesaid cities on or about April 12, 2007. I. Section 1.03, definition of"Cost Allocation Percentage" is amended to read as follows: 1.03 "Cost Allocation Percentage" means the percentage of Final Design Costs to be paid by each Party. The Cost Allocation Percentages for each category of Final Design Services are set forth on Exhibit"A". Revision 1 attached hereto II. Section 4.02 (a)is amended to read as follows: (a) All Final Design Costs shall be shared by the Parties according to the Cost Allocation Percentages applicable to each Project Category designation, as set forth in Exhibit "A". Revision 1, attached hereto. III. Section 4.03 (a)(i)is hereby amended to read as follows: 4.03 Design Fund (a) The Parties shall contribute monies to the Design Fund in accordance with the following provisions: (i) In accordance with the terms of the original Agreement, the Parties have previously deposited into the Design Fund certain sums of money ("the Design Payments") representing the initial deposit of twenty-five percent (25%) of each Parry's share of the estimated Final Design Costs, plus additional sums as requested by Round Rock to pay invoices for the Final Design Contracts. Each Party's total estimated Design Payments, based on the estimated Final Design Costs set forth in Exhibit "A". Revision 1 attached hereto, including Design Payments previously made, is set forth below: 1) Round Rock $3,127,204.62 2) Leander $3,737,114.38 3) Cedar Park $1,030,497.00 IV. Section 5.10 is amended to read as follows: 5.10 Exhibits. The following exhibits are attached to this Agreement and incorporated herein by reference: Exhibit A. Revision 1 Cost Allocation Percentages Exhibit B Project Schedule V. Exhibit A,Revision 1 is attached to this Amendment 1. [SIGNATURES ON FOLLOWING PAGES] 2 CITY OF ROUND ROCK: ATTEST: /I 4'i'iltl: vle Mayor B . Christine Martinez, City Secretary yle-Nraxwell, Mayor Date: 3 CITY OF CEDAR PARK: ATTEST: By: LeAnn Quinn, City Secretary Bob Lemon, Mayor Date: 4 CITY OF LEANDER: ATTEST: By: Debbie Haile, City Secretary John Cowman, Mayor Date: 5 EXHIBIT "A REVISION 1 ALLOCATION OF COSTS Initial Final Supplemental Amended Capacity Cost Design Contract No.2 Final Design Phase/Segment (MGD) Allocation Costs Costs Costs Raw Water System and Barge Cedar Park 15.0 14.18% $310,835.00 $62,925.73 $373,760.73 Leander 50.0 47.26% $1,035,971.00 $209,722.87 $1,245,693.87 Round Rock 40.8 38.56% $845,261.00 $171,115.40 $1,016,376.40 Total 105.8 100.00% $2,192,067.00 $443P764.00 $2,635,831.00 Water Treatment Plant Cedar Park 15.0 14.18% $369,644.00 $120,628.27 $490,272.27 Leander 50.0 47.26% $1,231,974.00 $402,037.51 $1,634,011.51 Round Rock 40.8 38.56% $1,005,182.00 $328,027.22 $1,333,209.22 Total 105.8 100.00% $2,606,800.00 $850,693.00 $3,457,493.00 Transmission Line Segments Segment 1 Cedar Park 15.0 14.18% $166,463.00 0 $166,463.00 Leander 50.0 47.26% $554,800.00 0 $554,800.00 Round Rock 40.8 38.56% $452,668.00 0 $452,668.00 Total 105.8 100.00% $1,173,931.00 0 $1,173,931.00 Segment 2C Cedar Park 0 0% $0 0 $0 Leander 38 48.22% $302,610.00 0 $302,610.00 Round Rock 40.8 51.78% $324,951.00 0 $324,951.00 Total 78.8 100.00% $627,561.00 0 $627,561.00 Allocation of Costs Cedar Park $846,943.00 $183,554.00 $1,030,497.00 Leander $3,125,354.00 $611,760.38 $3,737,114.38 Round Rock $2,628,062.00 $499,142.62 $3,127,204.62 Total $6,600,359.00 $1,294,457.00 $7,894,816.00 25% Payment Initial Amended Cedar Park $211,735.69 $257,624.25 Leander $781,338.56 $934,278.60 Round Rock $657,015.50 $781,801.16 6