R-10-03-25-10D4 - 3/25/2010RESOLUTION NO. R-10-03-25-1OD4
WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A.,
authorizes local governments and agencies of the state to enter into
agreements with one another to perform governmental functions and
services, and
WHEREAS, the City of Round Rock wishes to enter into an
Interlocal Agreement with the Brushy Creek Regional Utility
Authority Regarding General Manager Services and Capital Program &
Construction Manager Services for the Regional Water Project, Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City an Interlocal Agreement with the Brushy Creek
Regional Utility Authority, 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 25th day of March, 2010.
0
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Secretary
0:\wdox\SCClnts\0112\1005\MUNICIPAL\001B6547.DOC/rmc
INTERLOCAL AGREEMENT REGARDING
REGIONAL WATER PROJECT
GENERAL MANAGER SERVICES AND
CAPITAL PROGRAM & CONSTRUCTION MANAGER SERVICES
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
§
§
§
KNOW ALL BY THESE PRESENTS:
THIS INTERLOCAL AGREEMENT REGARDING REGIONAL WATER
PROJECT GENERAL MANAGER SERVICES AND CAPITAL PROGRAM &
CONSTRUCTION MANAGER SERVICES (the "Agreement") is entered into on this the
day of , 2010 by and between the BRUSHY CREEK REGIONAL
UTILITY AUTHORITY, a Texas local government corporation, whose offices are located at
221 East Main Street, Round Rock, Texas 78664-5299 ("BCRUA"), and the CITY OF ROUND
ROCK, TEXAS, a Texas home -rule city, whose offices are located at 221 East Main Street,
Round Rock, Texas 78664-5299 ("Round Rock"). In this Agreement, BCRUA and Round Rock
are sometimes individually referred to as a "Party" and collectively referred to as the "Parties."
RECITALS
WHEREAS, BCRUA will need the services of two skilled and experienced professional
consultants, one to act as the General Manager and one to act as the Capital Program &
Construction Manager (the "PCM") of the Regional Water Project; and
WHEREAS, the purpose of this Agreement is to set forth the terms and conditions under
which BCRUA will contract with Round Rock for provision of the General Manager and the
PCM; and
WHEREAS, BCRUA and Round Rock wish to document their agreement concerning
the requirements and respective obligations of the Parties:
NOW, THEREFORE, in consideration of the foregoing premises and the mutual
promises and agreements of the Parties contained in this Agreement, the Parties agree as follows:
I.
DEFINITIONS
When used in this Agreement, capitalized terms not otherwise defined shall have the
meanings set forth below:
1.01 "Agreement" means this "Interlocal Agreement Regarding Regional Water Project
General Manager Services and Capital Program & Construction Manager Services."
1.02 "BCRUA" means the Brushy Creek Regional Utility Authority.
1.03 "BCRUA System Project" means the collection of projects making up the current
undertaking, to be on-going simultaneously in various stages and at various construction sites
until approximately 2012.
00172267/jkg
0140.4634
EXHIBIT
1.04 "Cost Allocation Percentages" mean the percentage of costs to be paid to BCRUA by
BCRUA's member cities for the services of the General Manager and for the services of the
PCM, such percentages being delineated on the Master Contract, Exhibit D entitled `BCRUA
Project Capacity and Cost Allocation, Updated July 23, 2008."
1.05 "Effective Date" means the last date of execution of this Agreement by the Parties,
provided that both Parties must execute this Agreement for it to be effective.
1.06 "Master Contract" means the Master Contract for the Financing, Construction and
Operation of the BCRUA Regional Water Treatment and Distribution Project, dated September
2, 2008, and its attached exhibits, such Master Contract made by and between BCRUA, the City
of Cedar Park, the City of Leander, and the City of Round Rock, Texas.
1.07 "Party" or "Parties" means the City of Round Rock and/or BCRUA, as applicable.
1.08 "PCM" means the Capital Program & Construction Manager, being that person
responsible for the administration, management, operation, and execution of the capital
infrastructure construction program for BCRUA.
1.09 "PCM Costs" means all costs and expenses to be paid by BCRUA to Round Rock for
PCM services.
1.10 "Regional Water Project" means the regional water supply system which is intended to
provide an additional 105.8 million gallons per day of potable water supply to meet future water
demands of BCRUA member cities, based on projected population growth, as more fully
delineated in the Preliminary Engineering Report (the "PER").
1.11 "General Manager" means the General Manager, being that person responsible for
provision of project management and oversight support for the Regional Water Project.
1.12 "General Manager Services" means the general management and oversight support
services performed and to be performed by the General Manager in support of the Regional
Water Project.
1.13 "General Manager Costs" means all costs and expenses to be paid by BCRUA to
Round Rock for General Manager services.
1.14 "Round Rock" means the City of Round Rock, Texas.
II.
GENERAL MANAGER
2.01 Provision of General Manager; Required Services
(A) Round Rock agrees to provide to BCRUA one of Round Rock's employees,
mutually acceptable to the Parties, to serve as the General Manager.
2
(B) The person designated to serve as the General Manager will provide certain
services to BCRUA in that capacity, such services being further delineated in Exhibit "A"
attached hereto and incorporated herein by reference for all purposes.
2.02 Access to Work Product
BCRUA and/or any of BCRUA's member cities shall be entitled to copies of any work
product produced by the General Manager in connection with the General Manager's services.
The entity requesting a copy of such information shall pay all reasonable costs incurred in
preparing and furnishing the copies.
III.
PAYMENT FOR GENERAL MANAGER SERVICES
3.01 All costs for General Manager services shall be paid by BCRUA to Round Rock from
funds appropriated in a budget approved by the cities, as amended, in accordance with this
Article. BCRUA shall seek reimbursement from its member cities in accordance with the budget
and Exhibit D of the Master Contract, which exhibit is entitled `BCRUA Project Capacity and
Cost Allocation, Updated July 23, 2008."
3.02 Round Rock shall administer the compensation and other benefits paid to the General
Manager, who shall be treated as an employee of Round Rock. Each calendar quarter, Round
Rock shall submit an invoice to BCRUA indicating the compensation, benefits, and all other
associated costs paid by Round Rock to or on behalf of the General Manager. Following receipt
of invoice, BCRUA shall forward its payment to Round Rock within thirty (30) business days of
such receipt of invoice.
IV.
PROGRAM & CONSTRUCTION MANAGER (PCM)
4.01 Provision of PCM; Required Services
(A) Round Rock agrees to provide to BCRUA one of Round Rock's employees,
mutually acceptable to the Parties, to serve as the PCM.
(B) The person designated to serve as the PCM will provide certain services to
BCRUA in that capacity, such services being further delineated in Exhibit "B" attached hereto
and incorporated herein by reference for all purposes.
4.02 Access to Work Product
BCRUA and/or any of BCRUA's member cities shall be entitled to copies of any work
product produced by the PCM in connection with the PCM's services. The entity requesting a
copy of such information shall pay all reasonable costs incurred in preparing and furnishing the
copies.
3
V.
PAYMENT FOR PCM SERVICES
5.01 All costs for PCM services shall be paid by BCRUA to Round Rock, in accordance with
this Article. BCRUA shall seek reimbursement from its member cities in accordance with
Exhibit D of the Master Contract, which exhibit is entitled "BCRUA Project Capacity and Cost
Allocation, Updated July 23, 2008."
5.02 Round Rock shall administer the compensation and other benefits paid to the PCM, who
shall be treated as an employee of Round Rock. Each calendar quarter, Round Rock shall submit
an invoice to BCRUA indicating the compensation, benefits, and all other associated costs paid
by Round Rock to or on behalf of the PCM. Following receipt of invoice, BCRUA shall
forward its payment to Round Rock within thirty (30) business days of such receipt of invoice.
VI.
GENERAL PROVISIONS
6.01 Authority. This Agreement is made in part under the authority conferred in Chapter 791,
Texas Government Code and Section 402.001, Texas Local Government Code.
6.02 Severability. The provisions of this Agreement are severable and, if any provision of this
Agreement is held to be invalid for any reason by a court or agency of competent jurisdiction, the
remainder of this Agreement will not be affected and this Agreement will be construed as if the
invalid portion had never been contained herein.
6.03 Payments from Current Revenues. Any payments required to be made by a Party under
this Agreement will be paid from current revenues or other funds lawfully available to the Party
for such purpose.
6.04 Cooperation. The Parties agree to cooperate at all times in good faith to effectuate the
purposes and intent of this Agreement.
6.05 Entire Agreement. Except as otherwise expressly provided herein, this Agreement
contains the entire agreement of the Parties regarding payment by the BCRUA to Round Rock
for services of one Regional Project Manager and one PCM, and supersedes all prior or
contemporaneous understandings or representations, whether oral or written, regarding the
subject matter. The Parties confirm that further agreements regarding the BCRUA System
Project are contemplated and will not be affected or limited by this Agreement.
6.06 Amendments. Any amendment of this Agreement must be in writing and will be
effective if signed by the authorized representatives of the Parties.
6.07 Applicable Law; Venue. This Agreement will be construed in accordance with Texas
law. Venue for any action arising hereunder will be in Williamson County, Texas.
6.08 Notices. Any notices given under this Agreement will be effective if (i) forwarded to the
other Party by hand -delivery; (ii) transmitted to the other Party by confirmed telecopy; or (iii)
4
deposited with the U.S. Postal Service, postage prepaid, certified, to the address of the Party
indicated below:
ROUND ROCK:
with a copy to:
221 East Main Street
Round Rock, Texas 78664
Attn: James R. Nuse, P.E.
Telephone: (512) 218-5410
Facsimile:(512) 218-7097
Email: jnuse@round-rock.tx.us
Stephan L. Sheets
309 East Main Street
Round Rock, Texas 78664-5264
Telephone: (512) 255-8877
Facsimile: (512) 255-8986
Email: slsheets@sheets-crossfield.com
BCRUA: 221 East Main Street
Round Rock, Texas 78664
Attn: Chris Lippe
Telephone: (512) 218-6617
Facsimile: (512) 218-3242
Email: clippe@bcrua.org
6.09 Force Majeure. Parties shall not be deemed in violation of this Agreement if prevented
from performing any of their obligations hereunder by reasons for which they are not responsible
or due to circumstances beyond their control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
6.10 Counterparts. This Agreement may be executed simultaneously in multiple
counterparts, each of which will be deemed an original, but all of which will constitute the same
instrument.
6.11 Authority. Each Party represents and warrants that it has the full right, power and
authority to execute this Agreement.
[Signatures appear on the following page]
5
CITY OF ROUND ROCK, TEXAS
By:
Printed Name:
Title:
Date Signed:
FOR CITY, ATTEST:
By:
Sara L. White, City Secretary
FOR CITY, APPROVED AS TO FORM:
By:
Stephan L. Sheets, City Attorney
BRUSHY CREEK REGIONAL UTILITY AUTHORITY
By:
Printed Name:
Title:
Date Signed:
FOR BCRUA, ATTEST:
By:
John Cowman, Secretary
EXHIBIT "A"
SERVICES TO BE PROVIDED AND PERFORMED
BY THE GENERAL MANAGER
Phase IA Approvals
• EA
• P & 5 Approvals
Finances and Accounting
• Coordinate with TWDB for:
- Certification of bids, engineer recommendation and release
construction award.
- Sign and recommend approvals of Change Orders to Board
— Communication of TWDB issues
- Invitations to pre -bids, etc...
• Budget preparation and monitoring
• Construction payments
• Accounting and purchasing coordination
of funds for each
Operations Committee
• Plan, set and coordinate meetings
— Typical agendas would include construction contracts status, review of request
for payments, change orders, TWDB funding releases, upcoming contract
awards, budget preparation and monitoring, operations planning.
Occasional Management Meetings
• Review and set board agendas
• Review and make recommendation for awards and change orders
• Evaluate and schedule future phases and expansions
BCRUA Board Coordination
• Communicate regularly with individual board directors
• Review upcoming board agendas and seek input
• Set agendas and post
• Ensure preparation for each item at meetings
Future phases of Regional System
• Coordinate on planning and design of future phases
Public Involvement
• Website
• Special Community meetings
• Promote Water Conservation Programs
7
EXHIBIT "B"
SERVICES TO BE PROVIDED AND PERFORMED
BY THE CAPITAL PROGRAM & CONSTRUCTION (PCM) MANAGER
Phase 1 A Construction
• Administer all BCRUA construction contracts to ensure operational by 2012.
• Oversee project inspection
• Coordinate with TWDB Inspector
• Record and maintain record drawings
• Process and Recommend approval of Shop drawings
• Set up process for approval and sign off on RFI's and Change Orders
• Review and approve contractor pay requests
• Schedule and run construction progress meetings
• Attend Operations Committee meetings and present payment recommendations,
project status, project issues and change order requests.
Finances and Accounting
• Recommend contractor payments to Operations Committee (OC)
• Recommend Change Orders to OC
• Maintain and report construction spending and progress for each contract.
BCRUA Board Meetings
• Attend board meetings and present regular project status updates.
8
DATE: March 18, 2010
SUBJECT: City Council Meeting — March 25, 2010
ITEM: 10D4. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement
with the Brushy Creek Regional Utility Authority regarding Regional Water
Project General Manager Services and Capital Program and Construction
Manager Services.
Department:
Staff Person:
Justification:
Water and Wastewater Utilities
Michael Thane, P.E., Director of Utilities
The Brushy Creek Regional Utility Authority (BCRUA) needs the services of two skilled and experienced
professional consultants, one to act as the General Manager and one to act as the Capital Program and
Construction Manager of the Regional Water Project. This agreement sets forth the terms and
conditions under which the BCRUA will contract with Round Rock for provision of the General Manager
and the Capital Program & Construction Manager. All costs for these services shall be paid by BCRUA to
Round Rock according to the cost allocation outlined in the Master Contract between the BCRUA and
the three Cities.
Strategic Plan Relevance:
Goal 27.0 "Ensure there is an adequate, affordable and safe water supply."
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources:
Brushy Creek Regional Utility Authority
City of Cedar Park
City of Leander
Public Comment:
N/A
EXECUTED
DOCUMENT
FOLLOWS
INTERLOCAL AGREEMENT REGARDING
REGIONAL WATER PROJECT
GENERAL MANAGER SERVICES AND
CAPITAL PROGRAM & CONSTRUCTION MANAGER SERVICES
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
KNOW ALL BY THESE PRESENTS:
THIS INTERLOCAL AGREEMENT REGARDING REGIONAL WATER
PROJECT GENERAL MANAGER SERVICES AND CAPITAL PROGRAM &
COASTRUCTIO MANAGER SERVICES (the "Agreement") is entered into on this the
r i tV day of VL L , 2010 by and between the BRUSHY CREEK REGIONAL
UTILITY AUTHORITY, a Texas local government corporation, whose offices are located at
221 East Main Street, Round Rock, Texas 78664-5299 ("BCRUA"), and the CITY OF ROUND
ROCK, TEXAS, a Texas home -rule city, whose offices are located at 221 East Main Street,
Round Rock, Texas 78664-5299 ("Round Rock"). In this Agreement, BCRUA and Round Rock
are sometimes individually referred to as a "Party" and collectively referred to as the "Parties."
RECITALS
WHEREAS, BCRUA will need the services of two skilled and experienced professional
consultants, one to act as the General Manager and one to act as the Capital Program &
Construction Manager (the "PCM") of the Regional Water Project; and
WHEREAS, the purpose of this Agreement is to set forth the terms and conditions under
which BCRUA will contract with Round Rock for provision of the General Manager and the
PCM; and
WHEREAS, BCRUA and Round Rock wish to document their agreement concerning
the requirements and respective obligations of the Parties:
NOW, THEREFORE, in consideration of the foregoing premises and the mutual
promises and agreements of the Parties contained in this Agreement, the Parties agree as follows:
I.
DEFINITIONS
When used in this Agreement, capitalized terms not otherwise defined shall have the
meanings set forth below:
1.01 "Agreement" means this "Interlocal Agreement Regarding Regional Water Project
General Manager Services and Capital Program & Construction Manager Services."
1.02 "BCRUA" means the Brushy Creek Regional Utility Authority.
1.03 "BCRUA System Project" means the collection of projects making up the current
undertaking, to be on-going simultaneously in various stages and at various construction sites
until approximately 2012.
00172267/jkg
0140.4634
rL-tc)-o3-ZS-tOq-
1.04 "Cost Allocation Percentages" mean the percentage of costs to be paid to BCRUA by
BCRUA's member cities for the services of the General Manager and for the services of the
PCM, such percentages being delineated on the Master Contract, Exhibit D entitled `BCRUA
Project Capacity and Cost Allocation, Updated July 23, 2008."
1.05 "Effective Date" means the last date of execution of this Agreement by the Parties,
provided that both Parties must execute this Agreement for it to be effective.
1.06 "Master Contract" means the Master Contract for the Financing, Construction and
Operation of the BCRUA Regional Water Treatment and Distribution Project, dated September
2, 2008, and its attached exhibits, such Master Contract made by and between BCRUA, the City
of Cedar Park, the City of Leander, and the City of Round Rock, Texas.
1.07 "Party" or "Parties" means the City of Round Rock and/or BCRUA, as applicable.
1.08 "PCM" means the Capital Program & Construction Manager, being that person
responsible for the administration, management, operation, and execution of the capital
infrastructure construction program for BCRUA.
1.09 "PCM Costs" means all costs and expenses to be paid by BCRUA to Round Rock for
PCM services.
1.10 "Regional Water Project" means the regional water supply system which is intended to
provide an additional 105.8 million gallons per day of potable water supply to meet future water
demands of BCRUA member cities, based on projected population growth, as more fully
delineated in the Preliminary Engineering Report (the "PER").
1.11 "General Manager" means the General Manager, being that person responsible for
provision of project management and oversight support for the Regional Water Project.
1.12 "General Manager Services" means the general management and oversight support
services performed and to be performed by the General Manager in support of the Regional
Water Project.
1.13 "General Manager Costs" means all costs and expenses to be paid by BCRUA to
Round Rock for General Manager services.
1.14 "Round Rock" means the City of Round Rock, Texas.
II.
GENERAL MANAGER
2.01 Provision of General Manager; Required Services
(A) Round Rock agrees to provide to BCRUA one of Round Rock's employees,
mutually acceptable to the Parties, to serve as the General Manager.
2
(B) The person designated to serve as the General Manager will provide certain
services to BCRUA in that capacity, such services being further delineated in Exhibit "A"
attached hereto and incorporated herein by reference for all purposes.
2.02 Access to Work Product
BCRUA and/or any of BCRUA's member cities shall be entitled to copies of any work
product produced by the General Manager in connection with the General Manager's services.
The entity requesting a copy of such information shall pay all reasonable costs incurred in
preparing and furnishing the copies.
III.
PAYMENT FOR GENERAL MANAGER SERVICES
3.01 All costs for General Manager services shall be paid by BCRUA to Round Rock from
funds appropriated in a budget approved by the cities, as amended, in accordance with this
Article. BCRUA shall seek reimbursement from its member cities in accordance with the budget
and Exhibit D of the Master Contract, which exhibit is entitled `BCRUA Project Capacity and
Cost Allocation, Updated July 23, 2008."
3.02 Round Rock shall administer the compensation and other benefits paid to the General
Manager, who shall be treated as an employee of Round Rock. Each calendar quarter, Round
Rock shall submit an invoice to BCRUA indicating the compensation, benefits, and all other
associated costs paid by Round Rock to or on behalf of the General Manager. Following receipt
of invoice, BCRUA shall forward its payment to Round Rock within thirty (30) business days of
such receipt of invoice.
IV.
PROGRAM & CONSTRUCTION MANAGER (PCM)
4.01 Provision of PCM; Required Services
(A) Round Rock agrees to provide to BCRUA one of Round Rock's employees,
mutually acceptable to the Parties, to serve as the PCM.
(B) The person designated to serve as the PCM will provide certain services to
BCRUA in that capacity, such services being further delineated in Exhibit "B" attached hereto
and incorporated herein by reference for all purposes.
4.02 Access to Work Product
BCRUA and/or any of BCRUA's member cities shall be entitled to copies of any work
product produced by the PCM in connection with the PCM's services. The entity requesting a
copy of such information shall pay all reasonable costs incurred in preparing and furnishing the
copies.
3
V.
PAYMENT FOR PCM SERVICES
5.01 All costs for PCM services shall be paid by BCRUA to Round Rock, in accordance with
this Article. BCRUA shall seek reimbursement from its member cities in accordance with
Exhibit D of the Master Contract, which exhibit is entitled "BCRUA Project Capacity and Cost
Allocation, Updated July 23, 2008."
5.02 Round Rock shall administer the compensation and other benefits paid to the PCM, who
shall be treated as an employee of Round Rock. Each calendar quarter, Round Rock shall submit
an invoice to BCRUA indicating the compensation, benefits, and all other associated costs paid
by Round Rock to or on behalf of the PCM. Following receipt of invoice, BCRUA shall
forward its payment to Round Rock within thirty (30) business days of such receipt of invoice.
VI.
GENERAL PROVISIONS
6.01 Authority. This Agreement is made in part under the authority conferred in Chapter 791,
Texas Government Code and Section 402.001, Texas Local Government Code.
6.02 Severability. The provisions of this Agreement are severable and, if any provision of this
Agreement is held to be invalid for any reason by a court or agency of competent jurisdiction, the
remainder of this Agreement will not be affected and this Agreement will be construed as if the
invalid portion had never been contained herein.
6.03 Payments from Current Revenues. Any payments required to be made by a Party under
this Agreement will be paid from current revenues or other funds lawfully available to the Party
for such purpose.
6.04 Cooperation. The Parties agree to cooperate at all times in good faith to effectuate the
purposes and intent of this Agreement.
6.05 Entire Agreement. Except as otherwise expressly provided herein, this Agreement
contains the entire agreement of the Parties regarding payment by the BCRUA to Round Rock
for services of one Regional Project Manager and one PCM, and supersedes all prior or
contemporaneous understandings or representations, whether oral or written, regarding the
subject matter. The Parties confirm that further agreements regarding the BCRUA System
Project are contemplated and will not be affected or limited by this Agreement.
6.06 Amendments. Any amendment of this Agreement must be in writing and will be
effective if signed by the authorized representatives of the Parties.
6.07 Applicable Law; Venue. This Agreement will be construed in accordance with Texas
law. Venue for any action arising hereunder will be in Williamson County, Texas.
6.08 Notices. Any notices given under this Agreement will be effective if (i) forwarded to the
other Party by hand -delivery; (ii) transmitted to the other Party by confirmed telecopy; or (iii)
4
deposited with the U.S. Postal Service, postage prepaid, certified, to the address of the Party
indicated below:
ROUND ROCK:
with a copy to:
BCRUA:
221 East Main Street
Round Rock, Texas 78664
Attn: James R. Nuse, P.E.
Telephone: (512) 218-5410
Facsimile:(512) 218-7097
Email: jnuse@round-rock.tx.us
Stephan L. Sheets
309 East Main Street
Round Rock, Texas 78664-5264
Telephone: (512) 255-8877
Facsimile: (512) 255-8986
Email: slsheets@sheets-crossfield.com
221 East Main Street
Round Rock, Texas 78664
Attn: Chris Lippe
Telephone: (512) 218-6617
Facsimile: (512) 218-3242
Email: clippe@bcrua.org
6.09 Force Majeure. Parties shall not be deemed in violation of this Agreement if prevented
from performing any of their obligations hereunder by reasons for which they are not responsible
or due to circumstances beyond their control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
6.10 Counterparts. This Agreement may be executed simultaneously in multiple
counterparts, each of which will be deemed an original, but all of which will constitute the same
instrument.
6.11 Authority. Each Party represents and warrants that it has the full right, power and
authority to execute this Agreement.
[Signatures appear on the following page]
5
CITY OF R
By:
ND ROCK, TEXAS
Printed Name
Title:
Date Signed:
nti
MAN
^1
on ��
Y a•-2 • 4)
FOR CITY, ATTEST:
By:
liazt
Sara L. White, City Secretary
FOR CITY, • ' PROVED •. S TO FORM:
By:
J
Stepha L. Sheets, City Attorney
BRUSHY CREEK REGIONAL UTILITY AUTHORITY
By:.
Printed Nallthi ligra ht 1 V
Title: r e S i dC'-r -t--
Date Signed:
42/r10
FOR BCA ATTEST:
1
By: ..�1
Cowman, Secretary
EXHIBIT "A"
SERVICES TO BE PROVIDED AND PERFORMED
BY THE GENERAL MANAGER
Phase l A Approvals
• EA
• P & S Approvals
Finances and Accounting
• Coordinate with TWDB for:
— Certification of bids, engineer recommendation and release of funds for each
construction award.
— Sign and recommend approvals of Change Orders to Board
— Communication of TWDB issues
— Invitations to pre -bids, etc...
• Budget preparation and monitoring
• Construction payments
• Accounting and purchasing coordination
Operations Committee
• Plan, set and coordinate meetings
— Typical agendas would include construction contracts status, review of request
for payments, change orders, TWDB funding releases, upcoming contract
awards, budget preparation and monitoring, operations planning.
Occasional Management Meetings
• Review and set board agendas
• Review and make recommendation for awards and change orders
• Evaluate and schedule future phases and expansions
BCRUA Board Coordination
• Communicate regularly with individual board directors
• Review upcoming board agendas and seek input
• Set agendas and post
• Ensure preparation for each item at meetings
Future phases of Regional System
• Coordinate on planning and design of future phases
Public Involvement
• Website
• Special Community meetings
• Promote Water Conservation Programs
7
EXHIBIT "B"
SERVICES TO BE PROVIDED AND PERFORMED
BY THE CAPITAL PROGRAM & CONSTRUCTION (PCM) MANAGER
Phase 1 A Construction
• Administer all BCRUA construction contracts to ensure operational by 2012.
• Oversee project inspection
• Coordinate with TWDB Inspector
• Record and maintain record drawings
• Process and Recommend approval of Shop drawings
• Set up process for approval and sign off on RFI's and Change Orders
• Review and approve contractor pay requests
• Schedule and run construction progress meetings
• Attend Operations Committee meetings and present payment recommendations,
project status, project issues and change order requests.
Finances and Accounting
• Recommend contractor payments to Operations Committee (OC)
• Recommend Change Orders to OC
• Maintain and report construction spending and progress for each contract.
BCRUA Board Meetings
• Attend board meetings and present regular project status updates.
8