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12-R-72 Interlocal with CCMA southern watershedRESOLUTION NO. ].2-R-72 BUDGET AMENDMENT IN THE AMOUNT OF 5267,000 IN CONNECTION THEREWITH, AND OTHER MATTERS IN CONNECTION THEREWITH A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT FOR THE SOUTHERN WATERSHED REGIONAL WATER RECLAMATION PLANT PRELIMINARY ENGINEERING WORK WITH CIBOLO CREEK MUNICIPAL AUTHORITY, AUTHORIZING A WHEREAS, the City staff of the City of Schertz (the "City") has recommended that the City enter into an interlocal agreement with Cibolo Creek Municipal Authority ("CCMA") relating to the Southern Watershed Regional Water Reclamation Plant preliminary engineering work; and WHEREAS, the City staff has recommended that the City Council authorize an amendment to the Capital Recovery Fund budget for the fiscal year 2011-2012 to provide for the expenditure of 52b7,000 (the "Budget Amendment") in connection with the Interlocal Agreement for the Southern Watershed Regional Water Reclamation Plant Preliminary Engineering with CCMA attached hereto as Exhibit A (the "Agreement"); and WHEREAS, the City Council has determined that it is in the best interest of the City to approve the Budget Amendment and to contract with CCMA pursuant to the Agreement. THAT: BE IT RESOLVED BY THE CITY COUNCIL Ol~ THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby approves the Budget Amendment and authorizes the City Manager to execute and deliver the Agreement with CCMA. in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5, If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 14th day of August, 2012. CITY OF HERTZ, TEXAS Mayor Pro-Tem ATTEST: ~l City Secretary (CITY SEAL) sos3oas ~. i EXHIBIT A INTERLOCAL AGREEMENT FOR THE SOUTHERN WATERSHED REGIONAL WATER RECLAMATION PLANT PRELIMINARY ENGINEERING sos3oas t. t A-1 EXHYBYT A Scope of Work 2183301.1 Attachment A Scope of Work Cibolo Creek Municipal Authority South Regional Water Reclamation Plant Engineering Services BACKGROUND Cibolo Creek Municipal Authority (OWNER) was approached by the City of Schertz (CITY) concerning- anticipated growth within the City Limits and outside the OWNER's boundaries. The CITY desires OWNER to develop a water reclamation facility in the vicinity of IH 1g and Cibolo Creek. The CITY previously conducted a study that identified the potential for a plant at this location to serve as a regional facility that would allow the CITY and OWNER to provide wastewater management services in this area. The plant would also provide service to the City of Cibolo for demands east of Cibolo Creek and south of the current service area. Initially, the plant would allow the CITY and OWNER to provide service to a quickly growing Master Planned Development currently in its initial phases. The plan would be to bring the first phase of a regional plant on line before the capacity of an existing package plant is exhausted. The new plant would allow the CITY and OWNER to take the existing package plant off line. An initial phase of the plant would have a capacity of 1 million gallons per day {MGD) and would accommodate future expansion to 10 MGD. It is anticipated #hat the project will include fwo phases of work. Phase 1 will include the planning, preliminary engineering, and permitting services. Phase 2 will include the final engineering design, construction phase, and past construction services. Phase 1 is detailed below. Phase 2 will authorized through amendment of this scope of work. PHASE 1 Four major tasks must be completed in support of this effort. The following Scope of Work is divided into two parts: • Basic Engineering Services o Site Selection o Site Master Plan o Preliminary Engineering A-1 'i~'rit~ si~ared~.city agendas~2L°12 agenda dac~~mentslGc-1~1-20-i2+item 1 ~c ccma_seuth_orelim altsctimeni-a_scope_re~r1; (~1.doc:•: o Permit Application • Additional Engineering Services o Permit Processing o Other services (not yet defined} BASIC ENGINEERING SERVICES The Basic Engineering Services will include engineering and planning services for the initial phase of the PROJECT. The principal components include the following: • Site Selection Evaluation • Master Plan of Selected Site for an Ultimate 10 MGD Facility • Preliminary Engineering for an Initial 1 MGD Phase • Permitting Support -Preparation of a Texas Pollution Discharge Elimination System {TPDES} Permit Application Task ~. 5ite Selection Evaluation Previous work conducted for the CITY has determined that the preferred location for a wastewater treatment plant is near IH 70 and Cibolo Creek. However, the study did not identify specific tracts to be considered for acquisition. Under this Task, an evaluation of alternative sites will be completed and a recommendation for a site to be acquired will be produced. A, Review Existing Studies ENGINER will review the existing study concerning the general location and requirements for a regional wastewater treatment plan# site. B. Develop Site Criteria Matrix ENGINEER will develop a list of minimum requirements and evaluation criteria for alternative sites. The minimum criteria may include a minimum size of tract needed, maximum slope characteristics, and other criteria. Other criteria may include items such as availability of power, accessibility to major roadway, proximity to an acceptable discharge location, proximity to neighbors, accommodation of reclaimed water facilities, and accommodation of solids management facilities, among other criteria. The criteria will also include a high level environmental review of each site based on readily available documenfs and maps. The intent is to identify environmental issues (jurisdictional wetlands, threatened and endangered species, identified cultural resources sites) that may limit the use of the site. A-2 i:~oay snared~city agendas12012 agenda documents108-44-20~2litem 93c ccma_south_prelim_attachment-a_scope_rev('i} {4).docx An evaluation matrix will be developed based on the criteria. Relative weights will be assigned to the various criteria based on discussions with the OWNER. C. Alternative Site Identification ENGINEER will review tax maps, topographic maps, and other resources to identify up to three specific locations that meet the minimum requirements identified in Task 1 B. In addition, ENGINEER will identify al#ernative discharge locations that would be associated with the alternative sites. The discharge locations will be based on observations of the receiving stream. D, Evaluate Alternative Sites ENGINEER will evaluate up to three sites based on the criteria identified in Task 1 B. ENGINEER will utilize available maps and other readily available information for this Task. ENGINEER will perform drive-by reconnaissance of the sites to get a perspective of the site and surrounding area but will not enter the sites at this phase of the project. E. Prepare Site Evaluation Report ENGINEER will document the Site Evaluation efforts in a Site Evaluation Report. The report will include a final recommendation for the plant site and will be used to support the acquisition of the site. Task 2. Site Master Plan The site is intended to serve as a regional facility that will require expansions over the years. It is important that the site be Master Planned based on the ultimate capacity and treatment requirements. A. Confirm Ultimate Capacity ENGINEER steal! review previous studies conducted for the area and reconfirm that 10 MGD is the ultimate capacity required to serve the identified service area. B. Identify Likely Disc#~arge Limits ENGINEER will utilize previously developed models and readily available information on current and proposed nearby discharges to conduct screening level water quality modeling to identify the anticipated quality requirements for the ultimate discharge to the recommended receiving stream. Consideration will be given to the likelihood that nutrient limits might be added in the future. A-3 i:city sharedlcity agendas12012 agenda documents108-14-20121item 13c ccma_south_prelim_attachment-a_scope_rev(1) (4).docx C, Evaluate Alternative Liquid Treatment Processes ENGINEER will evaluate alternative liquid treatment train processes designed to meet the future anticipated discharge quality requirements, including development of a reclaimed water system. Up to three treatment strategies will be explored and discussed with the OWNER in a workshop setting. Based on input from the OWNER and an evaluation of the alternatives, ENGINEER will make a recommendation as to the treatment processes to be incorporated into the ultimate plan for the site. A process flow diagram will be developed, D. Evaluate Solids Handling Alternatives ENGINEER will evaluate alternative methods of handling and ultimate disposal of solids from the recommended treatment process. Up to three alternatives will be considered and may include both on-site and off-site treatment of solids. Any impact that the solids handling facilities might have on the liquid treatment streams due to return flows will also be evaluated. The solids handling alternatives will be discussed with the OWNER in a workshop setting. Based on input from the OWNER and an evaluation of the alternatives, ENGINEER will make a recommendation as to the treatment processes and disposal methods to be incorporated into the ultimate plan for the site. A process flow diagram will be developed. E. Conduct Preliminary Environmental Assessment ENGINEER will conduct a limited environmental assessment of the selected site to identify possible environmental constraints such as wetlands, endangered species, and archeological deposits. This assessment is intended to serve as a fatal flaw evaluation for use of the property as a site for a water reclamation plant. The results of the environmental assessment will be documented in a report. Texas Water Development Board funding is not anticipated for this project, so the review will not include completion of an Environmental Information Document. This effort will build on the environmental review performed in Task 1 for the selected site and will require site access. F. Develop Ultimate Site Plan ENGINEER will develop an ultimate site plan for the water reclamation plant site. The plan will incorporate the treatment processes identified in Tasks 2C and 2D. Individual basins will be sized to accommodate logical expansions of the facilities to meet anticipated growth. An initial phase of 1 MGD will also be identified on the site plan. The site plan shall give consideration to site constraints such as flood plain/ floodways, known environmental constraints, topographic features, accessibility, and the proximity of neighbors. A-4 I:Icity sharedlcity agendas12012 agenda documentsl0$-14-20121item 13c ccma~south_prelim_attachment-a_scope_rev(1} (4}.docx G. Develop Master Plan Report ENGINEER will prepare a report documenting the results of the Master Site Plan process. This document will form the blueprint for the future development of the site. Tas[c 3 Preliminary Engineering for Initial Phase The ENGINEER shall complete the following Preliminary Engineering tasks for the initial phase of the was#ewater treatment plant with a capacity of 1 MGD. A. Develop Hydraulic Profile The ENGINEER shall develop a hydraulic profile for the plant based on the treatment processes and site plan developed in Task 2. The profile will identify design water surface elevations for the initial phase as well as the ultimate phase of the project. B. Develop Process and Instrumentation Diagrams The ENGINEER will develop preliminary Process and Instrumentation Diagrams (P&IDs) for the plant as a whole, as well as detailed P&IDs for individual process areas. The P&IDs will show plant functionality to be incorporated info the final design, including the level of automation desired. C. Evaluate Alternative Process Equipment The ENGINEER will evaluate alternative equipment for the various process units. For example, .the evaluation of grit removal will identify the advantages and disadvantages of including the process, aerated grit removal, and cyclonic type grit removal units. Different types of screens will also be evaluated, including step screens, perforated plate, and bar and rake screens. Each of the process units will receive similar evaluations. These evaluations will be discussed with the OWNER in a workshop setting. Based on OWNER input and the evaluations, recommendations for the various process equipment pieces will be made. D. Revise Site Plan Layout A revised Site Plan will be developed based on any modifications needed to accommodate the type of equipment that is recommended. E. Opinion of Probat~le Construction Cost The ENGINEER will develop a preliminary Opinion of Probable Construction Cost for the initial phase. A-5 F:~~~ry sharedlcity agendas12012 agenda documents108-14-20121item 13c ccma_south_prelim_attachment-a_scope_rev{1) (~l).docx F. Prepare Preliminary Engineering Report The ENGINEER will document the results of the studies in a Preliminary Engineering Report to be delivered to the OWNER. Task 4 Permitting Support In this task an application for a new TPDES permit will be prepared. Information will be gathered. Application forms will be completed. Appropriate attachments to the application forms will be prepared. The ENGINEER will determine in consultation with the OWNER and CITY, appropriate phasing to be included in the application. The initial phase will have a capacity of 1 MGD. The ultimate phase may be as large as 10 MGD if it can be justified within the permit life. Copies of the draft application will be provided for OWNER review, and copies of the final application will be provided for submittal to the Texas Commission on Environmental Quality (TCEQ). A. Prepare Permit Application Document The ENGINEER will prepare the TCEQ DOMESTIC WASTEWATER PERMIT APPLICATION forms and assemble the necessary worksheets. The information required may include, but not be limited to, the following: description of the proposed facilities, listing of the major treatment components with dimensions of each component for each phase of the project, process flow schematic diagram for each phase, facility site plan for each phase, location map, and results of evaluations to determine anticipated permit limits. The application must include information regarding landowners adjacent to the WWTP and for one mile downstream of the plant discharge. The OWNER will provide the most recent list of adjacent and downstream landowners. The ENGINEER will be responsible far preparing the map of adjacent landowners and confirming the current ownership of the property with the county tax appraisal district{s}. The OWNER will be responsible for providing the required photographs of the ou#fall location and other structures as needed for the permit application. The ENGINEER will provide information to the OWNER regarding the types and locations of photographs required. The ENGINEER will provide two (2) draft copies of all permit application documents for OWNER review. Comments from the OWNER will be appropriately incorporated into the application. Seven (7) copies of the final application document will be prepared. Two (2) copies are for the A-6 i:`cify sharedlcity agendas12012 agenda documents108-14-20121item 13c ccma_south_prelim_attachment-a_scope_rev(1) (4).docx OWNER's files, one (~} copy is for public display, and four (4} copies are fior submittal to the TCEQ. The OWNER will be responsible for providing a check for the appropriate application fee. The ENGINEER will be responsible for delivering the check and the four required. copies of the application to the TCEQ on behalf of the OWNER. Deliverables: Draft and final TPDES Permit Application documents. B. Participate in Meeting with OWNER ENGINEER will prepare for, and participate in, one meeting with the OWNER during the process to prepare the application. The meeting may be held to discuss the permit applica#ion, obtain data, review data or information developed, or to review the permit application. The budget for this activity- assumes the meeting will be in Schertz at the OWNER offices. if ENGINEER attends more than one meeting in Schertz, ENGINEER will be en#itied to additional reimbursement. Deliverables: Meeting Notes will be prepared that document decisions reached or issues that impact the preparation and finalization of the permit application and preliminary engineering effort. C. Prepare Biosolids Permit Application and Plan with Certification (this task may be optional if land application is not used.) ENGINEER will prepare the APPLICATION FOR PERMIT FOR BENEFICIAL LAND USE OF SEWAGE SLUDGE (Biosolids Application} as required by the wastewater permi# application. ENGINEER will assist OWNER with identification of a Certified Nutrient Management Specialist {CNMS} and in working with the CNMS to develop a Nutrient Management Plan (NMP) as a component of the overall biosolids management plan and permit application for the OJR WWTP. ENGINEER will coordinate with the CNMS in reviewing the analytical results for the plant biosolids, provide projections for future biosolids loads and projected changes in nutrient content, and integrate the results of the NMP into the Biosolids Application. The OWNER will be responsible far providing a check for the appropriate application fee. ENGINEER will prepare the elements identified in the following table with information supplied by the OWNER or CNMS, as designated. The level of responsibility for each entity is as shown. A-7 I:Icity sharedlcily agendas12012 agenda documents108-14-20121item 13c ccma_south_prelim_attachment-a_scope_rev(1) {4).docx ITEM RESPONSIBILITY ENGINEER OWNER CNMS Section 1. Administrative Report Applicant Information Prepare Supportlreview Notice Information Prepare Supportlreview Site Information Prepare Supportlreview WWTP information Prepare Review Additionallnformation Prepare Supportlreview Maps: USGS Map Prepare Supportlreview Soils Map Incorporate Review NMP FEMA Map Prepare Review Highway Map Prepare Review Landowner Information Map Prepare Supportlreview Labels (4-sets} Prepare Supportlreview Reporting Information Prepare Supportlreview Affidavit Pre are Reviewlsign Section 2. Technical Report Site History Incorporate Review NMP Application Activities Incorporate Review NMP Soillnformation Incorporate Review NMP Well Data Prepare Review Pathogen Reduction Reqs. Prepare Supportlreview Vector Attraction Red. Reqs. Prepare Supportlreview Sludge Tes#ing Reqs. Table 1 Prepare Provide testing Table 2 Prepare Provide testing Hydrologic Characteris#ics Prepare Review Appendix A-Agronomic Rate lncorporate Review NMP Appendix B-Soil Sample Map Incorporate Review NMP Appendix C--Sludge Testing Prepare Provide testing Appendix E-Pathogen Red. Prepare Review A endix F-Vector Att. Red. Prepare Review Deliverables: Draft and final Application for Permit for Beneficial Land Use of Sewage Sludge. D. lncorporate Preliminary Engineering results into Technical Report ENGINEER will prepare the Technical Report section of the TPDES permit application based upon information developed in Task 3, including the required maps and drawings. Deliverables: Technical Report section of the TPDES permit application. A-8 1:lcity sharedlcily agendas12012 agenda documentsh}$-14-20121item 13c ccma_south_prelim_attachment-a_scope_rev(1 } {4}.docx ADDITIONAL ENGINEERING SERVICES Additional services will include permit processing and may include other engineering or environmental services that may be identified by OWNER. Task 1 Permitting Processing The level of effort involved in processing the permit appl"rcation and reviewing the draft permit will be dependent upon potential Protestants and the details of the draft permit that is received from the TCEQ. The following services may be provided, as necessary and approved by the OWNER. This activity provides for services associated with securing approval of the WWTP permit after the permit application has been submitted to TCEQ. The permit application will be tracked through the approval process. The OWNER will be advised of the progress of the proposed permit, assisted with responding to TCEQ requests for information, and assisted with reviewing and commenting on draft permits. This scope of work assumes there will be no protest or requests for a public meeting. If services are desired involving meetings with Protestants or potential Protestants, or to prepare for a public meeting or a public hearing, the ENGINEER will be entitled to additional compensation under the Additional Engineering Services provision of this scope. A. Assist with Response to Permit Review Comments ENGINEER will assist the OWNER in responding to TCEQ requests for additional information during the administrative and technical reviews. The extent of supplemental documents requested by TCEQ staff may vary, but it is not anticipated #hat the response to requests will require new or original work. That is, supplemental documents are expected to be items developed by the ENGINEER during preparation of the permit application. Response to requests may require minor modification of these supporting documents for submittal to TCEQ, The ENGINEER will also assist the OWNER in tracking the application through the permitting process by periodically contacting TCEQ staff responsible for developing the permit. During the permitting process, the permiftee is required to publish two public notices and to make the permit application, draft permit, and applicable correspondence available far public viewing. The ENGINEER will provide a copy of the permit application and copies of applicable correspondence to the OWNER for this purpose. The OWNER will be responsible far A-9 I:lcity sharedlci[y agendas12012 agenda documentsl0$-14-20121item 13c ccma_south_prelim~attachment-a_scope_rev{1} {4).docx publishing the notices and for paying the publishing costs The OWNER will also be responsible for placing the permit application, draft permit, and related correspondence in a suitable location for public viewing. Deliverables: These vary depending upon the additional information requested by TCEQ during the review of the permit. Specific work products are not identified. B. Review and Comment on Draft TPDES Permit ENGINEER will review up to three drafts of the TPDES permit. ENGINEER will assist the OWNER in drafting a maximum of three letters that provide requested changes and supporting information to TCl/Q. It is not anticipated that ENGINEER will be required to develop new information to support the letters. Similar to Subtask 1, ENGINEER may modify existing documentation or analyses prepared during the permit development effort to support the response letters. If additional information, further analyses, additional modeling, or similar efforts are required, these will be performed under Subtask 4 or the Additional Engineering Services provision of this Scope. Deliverables: A maximum of three review letters. C. Participate in Meetings with TCEQ ENGINEER will prepare for, and participate in, one joint meeting with the OWNER and TCEQ. It is expected that a meeting will be held with TCEQ to discuss the proposed permit provisions. The meeting may be scheduled in conjunction with development of one of the reviews described in Subtask 2 or near the initial submittal of the application depending upon feedback obtained from the TCEQ staff. The budget for this activity is based on one meeting in Austin. if ENGINEER attends more than one meeting, ENGINEER will be entitled to additional reimbursement as provided for in Subtask 4 or the Additional Engineering Services provision of #his Scope. Deliverables: Meeting notes documenting key decisions and or issues indentified in the meeting with TCEQ. D. Provide Additional Permit Support This Subtask is intended to cover services which OWNER may request or may be required during the processing of the permit application. ENGINEER will only perform this subtask as requested or authorized by the OWNER. ENGINEER will inform OWNER of any charges or expenses to this subtask before they are incurred. The budgets for items performed under this A-10 1:lcity sharedlcity agendas12012 agenda documentsl4$-14-20121item 13c ccma_south_prelim_attachment-a~scope_rev(1) (4).docx subtask are not based on budgets for any other subtask, but on the requirements for completion of the items requested and approved by the OWNER as proposed by the ENGINEER. Following are some of the types of activities that might be performed under this subtask: + Prepare for and attend additional meetings to discuss the project. • Provide extensive supplemental information during TCEQ processing of the permit application. • Conduct field reconnaissance to collect data or information not provided by OWNER. • Develop strategies to work with Protestants or potential Protestants to avoid a contested permit hearing. • Provide technical or procedural support if the proposed permit is protested. + Review additional draft permits. The maximum amount of effort for this subtask is based on a budget limitation for labor and expenses as provided in Attachment C. Professional services beyond this level of effort will be compensated as Additional Engineering Services. Deliverables: These vary depending upon the additional services requested under this subtask. Task 2. Ofher Engineering & Environmental Services (Not yet defined.) PHASE 2 Phase 2 will also include Basic Engineering Services and Additional Engineering Services, similar to Phase 1. The scope and budget for these services will be detailed and the agreement amended to include these items. Basic En ineerin Services Basic Engineering Services is expected to include, but not be limited to the following: • Final Detailed. Design of the South RWRP • Bidding Phase Services • Construction Phase Services • Startup and Operational Support Services • Operation and Maintenance Manual Development A-1 ~ I:Icity sharedlcity agendas12012 agenda documentslQ$-14-20121item 13c ccma_south_prelim_attachment-a_scope_rev{1} {4).docx Additional engineering Services Additional Engineering services may include the following; • Additional regulatory support • Additional planning activities • Surveying service • Geotechnical services. A-12 ~:lcily sharedlcity agendas12012 agenda documents108-14-20121item 13c ccma_south_prelim_attachment-a_scope_rev(1} {4).docx Ynterlocal Agreement for the Southern Watershed Regional Water Reclamation Plant Preliminary Engineering between the Cibolo Creek Municipal Authority and the City of Schertz This Interlocal Agreement (the "Agreement"} is entered into by and between Cibolo Creek Municipal Authority, a conservation and reclamation district created and operating pursuant to Article XVI, § 59 of the Texas Constitution (the "Authority"), and the City of Schertz, Texas, ahome-rule municipality operating pursuant to the Constitution and laws of the State of Texas (the "City") for the funding of the preliminary engineering for the Southern Watershed Regional Water Reclamation Plant ("Southern Plant"). The Authority and the City are collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, the Authority is a regional agency that owns and operates water reclamation facilities; and WHEREAS, the Authority is the regional agency designated to provide regional wastewater service in the Cibolo Creek Watershed in the vicinity of the City; and WHEREAS, the City is faced with future growth within its city limits in the vicinity of Interstate Highway 10 and Cibolo Creek, outside of the Authority's boundaries, for which additional water reclamation facilities will be needed; and WHEREAS, the City desires the Authority to develop a water reclamation facility in the vicinity of Interstate Highway 10 and Cibolo Creek ("Plant Site"}; and WHEREAS, the City has previously conducted a study to identify the potential for a water reclamation plant, known as the Southern Watershed Regional Water Reclamation Plant (the "Southern Plant"), that would allow the City and the Authority to provide wastewater service in the area of the Plant Site; and WHEREAS, prior to the development of the Southern Plant, the City desires the Authority engage an engineering fine to conduct the preliminary engineering for the Southern Plant and the City agrees to pay for such preliminary engineering; and WHEREAS, the Authority and the City, exercising their respective mutual authorities, wish to enter into this Agreement to set forth the terms and conditions for the Authority to engage an engineering firm to conduct the preliminary engineering for the Southern Plant and for the City to pay for all costs for and associated with the preliminary engineering for the Southern Plant; and WHEREAS, pursuant to Chapter 791, Texas Government Code, and the general and special laws of the State of Texas, the Parties are authorized to enter into this Agreement; and 2183301.1 NOW, THEREFORE, the Authority and the City endorse and accept the following principles to study and evaluate the Southern Plant as a potential water reclamation plant to serve both Part~.es. ARTICLE I. PRELIMINARY ENGINEERING 1.1. The City and the Authority agree to engage the engineering f rm Alan Plummer and Associates, Inc. ("APAI") to conduct the preliminary engineering for the Southern Plant. 1.2. The Authority will be the lead agency for contracting with APAI to conduct the preliminary engineering, which will be performed pursuant to the Scope of Work attached hereto as Attachment A and incozporated herein for all purposes {the "Scope of Work"), which Scope of Work may only be amended in writing by both Parties pursuant to Section 1.7. 1.3. APAI shall submit invoices for engineering services rendered pursuant to the Scope of Work to the Authority, The Authority shall forward APAI invoices to the City for payment. The City shall submit payment for APAI invoices to the Authority within thirty {30) days of receiving each invoice. After the Authority receives payment fiom the City, the Authority shall promptly submit payment (in na event later than the time that such payment becomes past due) to APAI for its services as provided in the invoice. The cost of the preliminary engineering services to be paid by the City pursuant to this Agreement will not exceed Two Hundred Thirty-Six Thousand Four Hundred Seventy and No/100 Dollars ($236,470), unless the Scope of Work has been modified to increase the amount in accordance with Section 1.7. The pro3ected cost of services is provided for in the budget spreadsheet included in the Scope of Work. The City's payments under this Agreement shall only be made from currently budgeted revenues of the City. 1.4. The Authority and the City agree to share information and expertise in performing the preliminary engineering, and the results of the preliminary engineering will be available to both Parties and will be publicly accessible. Each Party to this Agreement shall be entitled to equal access to the APAI analysis and supporting data. 1.5. Neither Party to this Agreement shall be entitled to payment of, nor reimbursement for, its staff or inteznal casts incuzred in connection with the activities contemplated hereby nor for its legal services rendered in connection with the drafting, negotiation or approval of this Agreement, and each Party agrees to pay its own costs for• such expenses. 1,6. During the performance of this Agreement, the Authority will regularly coordinate with the City to ensure that the City is receiving timely progress reports and infor-rtration on status of the preliminary engineering. The Authority shall forward copies of any deliverables to the City. The General Manager of the Authority may only request additional engineering services from APAI regarding the Southern Plant to the extent such additional services have been fully funded and approved in writing by the City, and only to the extent that the Scope of Work has been modifed pursuant to Section 1.7. 2183301.1 1.7. The provisions of this Agreement or the attached Scope of Work may only be modified by a written agreement signed by the General Manager of the Authority on behalf of the Authority and the City Manager of the City on behalf of the City. Any modifications of this Agreement that increase the total maximum cost shall only be effective to the extent that (i) the City agrees to fully fund the changed provision(s), and (ii} the City has performed all legal prerequisites to authorize the expenditure of the funds necessary to fully compensate for such changed provision. ARTICLE II. GENERAL PROVISIONS 2.1. The term of this Agreement shall be for eighteen {18) months from the Effective Date (as hereinafter defined) of this Agreement, unless earlier teiYninated. Notwithstanding the foregoing, either Party may tel~ninate this Agreement upon at least sixty (60) days written notice to the other Party. Upon termination, the City will be liable for the payment of any expenditures made pursuant to this Agreement on or before the date on which tel~rlination is effective. This Agreement in no way amends or alters any existing contractual relationships by and between the City and the Authority, including but not limited to the existing wholesale wastewater service agreement. 2.2. Time is of the essence to the performance of this Agreement and the receipt of invoices and payments for obligations hereunder. Failure of the City to timely pay the Authority in accordance with Section 1.3 for APAI invoices will entitle the Authority to suspend performance of this Agreement until payment for past due APAI invoices are received by the Authority. Likewise, failure of the Authority to pay APAI in accordance with Section 1.3 will entitle the City to suspend performance of this Agreement (including suspension of payments} until payment for any past due APAI invoices is received by APAI. 2.3. Each Party reserves the right to withdraw from the effort to develop the Southeiri Plant, and this Agreement does not limit or restrict in any manner the Authority's right to take such steps as it deems necessary for the development of water reclamation facilities for and to its respective customers. 2.4. The Authority and the City are entering into this Agreement solely for the benefit of themselves and agree that nothing in this Agreement shall be construed to confer any right, privilege or benefit on any person or entity other than the Parties that have executed this Agreement. 2.5. This Agreement may not be modified or amended except by an instrument in writing signed by authorized representatives of the Parties. 2.~. The terms of this Agreement shall be binding upon, and inure to the benefit of, both Parties and their permitted successors and assigns. However, no assignment of the rights and duties of either Party may be made unless approved in writing by the other Party, and no other Party may be added to this Agreement without the written pei7nission of all Parties. 2183301.1 2.7. This Agreement shall be governed by and constzued in accordance with the laws and court decisions of the State of Texas, without regard to conflict of law or choice of law principles of Texas or of any other state. Proper venue for any litigation arising .under or in connection with this Agreement shall be the State District Court of Guadalupe County, Texas, and the Parties agree to submit to the jurisdiction of said court. 2.8. The headings of the provisions of this Agreement are included for convenience only and shall not be deemed to constitute a paz-t of this Agreement. 2.9. The Authority and the City agree and acknowledge that this Agreement does not create a joint venture, partnership, or joint enterprise, and that each Party is not an agent of the other entity and that each Party is responsible in accordance with the laws of the State of Texas for its own negligent or wrongful acts or omissions and for those of its officers, agents or employees in conjunction with the performance of sezvices covered under this Agreement, without waiving any governmental immunity available to the Authority or the City under Texas law and without waiving any defenses of the Authority or the City under Texas law. The provisions of this section are solely for the benefit of the Authority and the City and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. IN WITNESS WHEREOF, this instrument is executed by the Parties on the dates set forth below on their behalf by their duly authorized representatives and this Agreement shall be effective the date the last Party so signs (the "Effective Date").- CIBOLO CREEK MUNICIPAL AUTHORITY By: lint Ellls, General i onager Date: ~/T(Z- - CITY OF SCHERTZ, TEXAS By; Jo . K 1, City Manager Date: ~-~~-~~ ~- 2183301.1 THE STATE OF TEXAS COUNTY O Authority. This instrument was acknowledged before me on the ~`~"~day of -'t , 2012, by Clint Ellis, General Manager of Cibolo Cre Municip 1 Authority, on ehalf of said a~~eaa. a aa~,aaaaaaaaaaaaa~a,~ ~p,N;' ~YNT~IIA ANNE RALEIQH v *~* Notary I'ubl~ State of Texas ~'~ oF~~ Comm. Exp. 02-11-2016 ~~~~e~~c~~~ti~~ti~~c~~~~~~~~~~~~C THE STATE OF TEXAS § COUNTY OF GUADALUPE § Not ry ub is Signatu This instrument was acknowledged before me on the ~ day of , 2012, by John C. Kessel, City Manager of the City of Schertz, Texas, a Texas munici 1 corporation, on behalf of said City. 2183301.1 °w""""'~~ BAENDA LOLIISE UENNIS NOTARY PUBLIC STATE OF T~x,4S (Sea ~ "~ n MY Cammiss~an t;xplrea (1.08.2014 otary Public Signature SIGNATURE PAGE TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE CIBOLO CREEK MUNICIPAL AUTHORITY The Parties hereto have executed this Agreement as of the dates set forth below to be effective as of the Effective Date. CITY OF SCHERTZ, TEXAS By: John sel, City Manager THE STATE OF TEXAS COUNTY OF GUADALUPE This instrument was acknowledged before me on the day of , 2012, by John C. Kessel, the City Manager of the City of Schertz, T xas, on beh f of said City. [ Seal ] Notary Public in and for the State of Texas 3`a`~iuiilrrp gpENOA LOUIS OENNIS G NOTARY PUBIC STATE OF TEXAS ~, ~, ~, My Co~1mltBlotl F.xpir~d'i1~08•~4iA 50525162.1 Page 5 of 6 2180255.2 Cl6olo Creek Municipal Aulharity Soulhem Watershed Regional Waler Reciamallon Plan[ BASIC SERVICES SItD SelecliorllMaster PlanlPrelim(nary EngineeringlPennll(Ing Leve121Phasel Ho. and DescripUan principal Sr. Pro{Mgr Prof Mgr Prof Engr ER Technklan Ckrical QC Total Latror percent of Lere13(Tesk}Ro. arrd pesrnp~on (Aral (hrs] (hrs) {hrsf [hrsl (hrs) {hrs) (hrsl Heurs Fee (SSS) Total Fee Preliminary Engineering {Basle Services) - 69 290 40 604 398 280 84 40 _ 1,845- $ 228,420 - 700;055 7 Site Sekabn A Review aJ SfuBes _. TO - . 32 ..... 0 - 52 ~. ...3E.~ 28 ~ 72.,,. 9 2 8 8 .160. 18 'S"' :28,620 S 2.420 - - t4.4 7.1% B Ds6efaP Sde Crderia rrra0ic 2 8 8 4 20 3 3,300 1 a% C A7'ematil,u Sd'e lder2iGCation 2 4 9 10 8 _ 26 § 3,780 1.7% D EraWete AXema6ve 52es 2 6 42 16 12 50 S 6,800 3.0% E Prepare SPe Evaluation Report 4 12 20 8 12 8 84 S 9,720 4.3% 2 Sila Master Plan A Canlrm UF7nale Cepect7y ~-.. 29 - ~ 94 ~ 44 - t40 ~ i4B 100 16~ ~ ~ 12_-: 7 4 8 fill f3 ~~ ~ 90,420 $ 200 ~ -- 35.4 4.0°6 B kkrr9/y lively l]isd~ga Lm+BS 2 12 24 38 S 6,360 2.89E G Evaluate Altemalrve LAgrrld7rea6nerd Processes 4 24 40 4D 20 428 .$ 18,000 7.9% D Evalualo Solids Rar>~gA&emaSVes 4 18 24 24 12 60 S 11.520 5.0% E CorMCrd PreLrrarary FirworcnenraiAssessmen! 2 8 40 40 20 110 S 14,960 8.5% F pevelbp 1J,Tmale S.7a Plan 4 12 20 24 32 92 S 12,120 5.3% G Develop Hasler Plan Report 6 18 24 2D 1B 16 72 110 S 15,780 89°6 3 Prarxn[nary Englneedng ter Bthlal Phase A Devebp R}*orarr&c PrW2e 18 - - 74 ~ ~~~ ~0 276 476 ~~ ~ ~ 172 - 76 ~ ~ ~ ..i2~~. ~ 2 6 20 20 ~ ~ 622 48 S ~ 83;960 S 8,740 : ~ ~ ~ ~ 36.8° 3.0% B DeveWp Process andhstrearierdeROn A'agrems 2 16 60 80 eD 276 S 26,840 it-8% C Evakrare A4'ernafrva Pm~dess Equipment 4 24 60 40 128 5 18,800 82% D Revise Sic Pferr layer,! 2 4 72 i6 i 6 50 $ 8,360 2.8% E O ' W Probalra Corr»ex~'wr Cos! 2 6 24 16 50 $ 7,280 329E F Prepare Engineerveg RepoA 4 Tti 40 2d 1B rfi i2 128 $ 17,960 Z9% 4 Permitrln93uppon A Prepare Perm? ~10 42 - 0 .. 96 36- - ~ 40~~ ~ ~ 40_ - 8-- 2 24 60 24 40 40 B 272 ~ 1°_6 ___ S - --77,500 5 25,440 _ - -- ~ 76.4 11.4% B PerSapare al Afee6r~g wah Owner d 4 d 12 S 2,360 1.0% C Prepare Bfosofids Pemrp &iro+mamrr 2 6 f2 12 32 S 4,740 2.i% ' D Incavpwale Pre&nerary F~eenng 2 8 20 30 S 4.960 22% TOTAL LASOR Total Labor Heurs Total LaborAmounl 59 240 40 504 396 280 64 40 1,645 228,420 00.0!6 TotalAmoun[s By Lahor Category Labor Categery Percent el ie[al Labor 6 14,160 62% S 60,400 22.4% $ 6,400 2.8% S T0,560 30.9°,6 S 49,780 19.2Yn S 28,000 f1,3% S 6,720 2.9% § 8A00 3.7°k S 228,420 700.0% TOTAL E%PEA13E3Isee Breakdown Belewl Fela] 8ubeonauhanrs Folal Re9nbursaBks ioWl Expenses - S $ 8.050 $ 8050 GRANb TOTAL -Preliminary Engineering ]6aslc Services]- $ _236,470 SUBGONSULTANT EXPI=NSES REIMBURSABLE EXPENSES Cede Des4ripllon Budget($S7 Wrkup FeeISSSI CA Arciried Cartsu9anl S 1.15 $ CC CiW Engr Conw4anl S 1.15 S CE ElearICal COrtSUilanl S 7.15 S CG GeolechrncalCOnsuitanl $ 1.15 S CM faechankal Car~.uhanl S 1.15 6 CO Other CnrsrrBanl S - 1J5 5 - CS Strutlural COr suDanl S - 1.15 $ CY Surtreyng Canwilan! 5 1.15 S CI S 1.15 S C2 $ 1.15 5 C3 $ - 1.15 5 - C4 S 1.45 $ ~ S 1.15 S CB S 1.15 5 iDTAL3000ORSULTANT EXPE613ES.. ; - ~ S RG Cempulel S 1.15 S RH Firforical S 7.45 S RI In-House Reprodurton S 1.15 S RL Lang Uvstance Telephone g 1.45 S RM Empbyee h9leage S 1,500 1.45 5 1,725 RO OrherE~errses 3 1.15 S - RP Purchasetl SeMr2s S 1.45 S RR Rep[odu Son S 4,000 1.15 3 4,8017 RS Ship~tg, DeDrery, Pos[age § 115 S RT Trarel, Meats, Ludgug § 1,500 115 5 1725 7. 4