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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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
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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
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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
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Additional engineering Services
Additional Engineering services may include the following;
• Additional regulatory support
• Additional planning activities
• Surveying service
• Geotechnical services.
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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