Title
Consider recommendation from the Executive Committee to approve an interlocal contract between the EAA and New Braunfels Utilities for construction of Phase 1 of the Comal Springs Conservation Center, in an amount not to exceed $540,000.
Body
RECOMMENDED MOTION:
Move the board adopt Resolution and Order No. 07-16-847 of the Edwards Aquifer Authority Board of Directors approving an interlocal contract between the EAA and New Braunfels Utilities, for construction of Phase 1 of the Comal Springs Conservation Center, in an amount not to exceed $540,000, for the period July 13, 2016, through January 31, 2018, and authorizing the General Manager to execute the contract.
SUMMARY:
The purpose of this agenda item is for the board to consider an Executive Committee recommendation to approve an interlocal contract between the EAA and New Braunfels Utilities (NBU), for construction of Phase 1 of the Comal Springs Conservation Center, in an amount not to exceed $540,000, for the period July 13, 2016, through January 31, 2018. In July 2014, the EAA and NBU approved a Memorandum of Understanding (“MOU”) to fulfill a commitment made by the EAA board in 2011. At the special board meeting held December 28, 2011, the board adopted Resolution and Order No. 12-11-673, which directed “the General Manager to take all appropriate actions that will benefit effective implementation of the [Edwards Aquifer Habitat Conservation Plan (EAHCP)] and result in a net revenue neutral impact on these entities…,” applied to the City of New Braunfels, by and through its New Braunfels Utilities (NBU), the City of San Marcos, and Texas State University. The interlocal contract being considered here formalizes the agreement between the EAA, the City, and Texas State.
Comal Springs Conservation Center
Located near Blieders Creek and the head of Comal Spring Run 4, NBU’s 13- acre Klingemann Property was used for vehicle fleet and inventory storage from 1940 until 2004. NBU is set to begin a multi-phase project aimed at restoring this site to its natural state and developing an environmentally sensitive multi-use facility to enhance the community’s relationship with nature, and specifically Comal Springs. One of the primary objectives of this Comal Springs Conservation Center is to restore the property’s natural environment to minimize adverse water quality impacts to habitats in the Comal Springs and River ecosystem and the federally protected endangered and threatened species that live therein.
Phase 1 of the project, which is the subject of this interlocal agreement, is scheduled to begin August 1, 2016. At a total estimated cost of about $6 million, Phase 1 will entail primarily asphalt removal, contouring the site to add swales and berms to redirect stormwater runoff from the spring run and filter the stormwater through native landscaping. Phase 1 will also entail bank stabilization and renovation along the spring run. This work is expected to be completed by March 31, 2017. Completion of all phases of the project is expected to be in 2021.
Consistent with the MOU, the purpose of this contract is for the EAA to financially support a portion of Phase 1 of the project. The EAA would reimburse NBU’s construction costs up to $540,000, over three years with the first payment beginning in 2016.
Attached to this summary is the draft interlocal contract. This contract has been reviewed by legal counsel. Resolution and Order No. 07-16-847, which has also been reviewed by legal counsel, is also attached.
At the meeting on July 5, the Executive Committee voted to recommend the board adopt a resolution and order of the Edwards Aquifer Authority Board of Directors approving an interlocal contract between the EAA and New Braunfels Utilities, for construction of Phase 1 of the Comal Springs Conservation Center, in an amount not to exceed $540,000, for the period July 13, 2016, through January 31, 2018, and authorizing the General Manager to execute the contract.
STRATEGIC PLAN REFERENCE:
This agenda item supports the EAA's policy direction as set forth in the EAA 2016-20 Strategic Plan: Goal A. Sustain Federally Protected Aquifer-Dependent Species.
FISCAL IMPACT:
The EAA’s total obligation associated with this contract is $540,000. Funding in the amount of $180,000 is available in the 2016 operating budget. Funding for the remaining two payments will be included in the 2017 and 2018 operating budgets.