Loading...
GM-15-04-10 FOURTH AMENDMENT TO TOLLING AGREEMENT THIS FOURTH AMENDMENT TO TOLLING AGREEMENT ("Fourth Amendment") is being made and entered into by and between BRUSHY CREEK REGIONAL UTILITY AUTHORITY ("BCRUA'), PEPPER-LAWSON CONSTRUCTION, L.P. ("PLC") and SAFECO INSURANCE COMPANY OF AMERICA ("SAFECO") (each a "Party" and collectively,"Parties"),and is being made for the purposes and consideration stated herein. WITNESSETH: WHEREAS, BCRUA, PLC and SAFECO executed and entered into a Tolling Agreement("Agreement"), a copy of which is attached hereto as Exhibit"A;"and WHEREAS, BCRUA, PLC and SAFECO executed a First Amendment to Tolling Agreement dated effective November 1,2013 ("First Amendment"), a copy of which is attached hereto as Exhibit"B";and WHEREAS, BCRUA, PLC and SAFECO executed a Second Amendment to Tolling Agreement dated effective March 7, 2014 ("Second Amendment"), a copy of which is attached hereto as Exhibit"C";and WHEREAS, BCRUA, PLC and SAFECO executed a Third Amendment to Tolling Agreement dated October 15, 2014("Third Amendment"), a copy of which is attached hereto as Exhibit"D",and WHEREAS, BCRUA, PLC and SAFECO desire to further amend the Agreement to extend the expiration date of the Agreement; and WHEREAS, BCRUA, PLC and SAFECO have agreed to execute this Fourth Amendment to set forth the terms and provisions of their agreement concerning the further j modification and amendment of the Agreement. NOW THEREFORE, for and in consideration of the mutual agreements set forth herein, BCRUA,PLC and SAFECO hereby agree as follows: 1. Extension_of Expiration Date. Paragraph 2(b) of the Agreement is hereby modified and amended to read as follows: b. "Expiration Date of this Agreement"shall mean October 31,2015. 2. Ratification of Agreement. The parties hereby ratify the Agreement and agree that, except as modified and amended by the First Amendment, the Second Amendment, the Third Amendment and this Fourth Amendment, the Agreement remains in full force and effect, 3. A[Ile"dIII ent. 'I he II mICN acknim lc l;- -nr.l aurvc that paragraph numh.•I A III'IIIV I ISilmst .\;treomem. as rrpto.iwd holtra lltr dm-i \ mid 111lt1eIti1311t11t1,L', t, inle Itled 111,H'klltl5a l tlLc ar1J prtliceI the :taus.(It lt5 wiIh rvspcel lu the perC,trmancc hand issued h\. "AIFL(T) anti tIwI the foroal.rllln hClow title. 11111 Illil•Ild to, ntfl'tlne: It. alleil :m1 1\'arrail[\' 111111Lakntlli n5\ed h� III ( Itt lACRL:;\. This TtlllirlI! :\vivollCnt anti it% \11ece"4sive :\nu•ndtncnis extendim-, [he :\L'.1-eer11en1 do not ;Ilter the warm Illy tlhltl!allotl\, final C'llmpicliun u1'I'rulom li('RI IA. ITC, ;Intl tiAFFCO tilipttIiIIt' and aeric That Inial enmplesiun I11'the Project• as that turn is uscd ill tit'coml ti.1_ii (1?S III t111: -1-1 \1` (i11\I-wo.11 \► Ci511t hay f1t11 11l'l'lkl'rCl1 d�, I51 111e Fflecuk ;: Dalt 1,1,111i% " ucclilinl .1. F:ffeelil•c 0.1ty nf'E his Folli-Ill Alllt•ndlimil. The 1'l lccul t• 1)a1r ill Iht., 1 5wr111 :\nlcndnlcnl simll ht •1pIll 1 t. 'uI5 SIGNI-E) Irl 11,;rticrttee,lt) Ihr I llerli\i [)ale Id flus Fautth:lnrcntlnlinl BRUSHY C'12f:1:h RF(:I()NAL UTILITN 11 11,1101114"1 \:lnle• �m CTGarll�e.�.. I itle' Ge,ner,-i j9Za,;aje r PEPPER-LAWSO\ CONS] RUCTION. L.P. \,title S 1FE( (1 I\ (112.1\('l': ('OliP 1\1 I)I- ANIFRR ;1 I'illr: Slur 1. 1C M, 5 I .. - ._... ...._..---- .. ..._. - '111 _- - - - -- Ill f10 .\11`.It\II\I 111I��I11•,c. %rw.r.it \I _ Pud 3. Amendment. The Parties acknowledge and agree that paragraph number 5 of the Tolling Agreement, as repeated below for clarity and understanding, is intended to acknowledge and protect the status quo with respect to the performance bond issued by SAFECO and that the provision below does not intend to, nor docs it, affect any warranty obligations owed by PLC to BCRUA. This Tolling Agreement and its successive Amendments extending the Agreement do not alter the warranty obligations. 5. Final Completion of Project: BCRUA, PLC, and SAFECO stipulate and agree that final completion of the Project, as that term is used in Section 2253.078 of the TEXAS GOVERNMENT CODE, has not occurred as of the Effective Date of this Agreement. 3. Effective Date of This Fourth Amendment. The Effective Date of this Fourth Amendment shall be April I3,2015. SIGNED to be effective on the Effective Date of this Fotnrth Amendment, BRUSHY CREEK REGIONAL UTILITY AUTHORITY By: Name: Title: PE R-LAWSON C ST , By: Nam��� ,�, Titlec SAFECO INSURANCE COMPANY OF AMERICA Name: Title: THIRD AMENDMENT TO TOLLING AGREEMENT PAGE 2 3. Amendment. The Parties acknowledge and agree that paragraph number 5 of the 'rolling Agreement, as repeated below for clarity and understanding, is intended to acknowledge and protect the status quo with respect to the performance bond issued by SAFECO and that the provision below docs not intend to, nor does it, affect any warranty obligations owed by PLC to I3CIWA. This Tolling Agreement and it% Successive Amendments extending the Agreement do not alter the warranty obligations. 5. Final Completion of Project: BOWA, PLC, and SAFECO stipulate and agree that final completion of (lie Project, as that term is Used in Section 2253.078 of the TL•XAS GOVERNMI NT CODE, has not occurred as of the Effective Dale ol'this Agreement. 3. Effective.Date of This Fourth Amendment. ]'lie Effective Date of this Fourth Amendment shall be April 13,2015. SIGNED to be effective on the Gffeclive nate of this f=ourth Amendment. BRUSIIY CREEK REt.IONAL UTILITY AUTIIORITY By:_'_ -- — Name: Title: ..... .......... ..-- ---� — PEPPER-LAWSON CONSTRUCTION, L.P. By: - .-._....... ...... -- ----- - Name: SAFECO INSURANCE CONTPANY 01, AMERICA By. Nan Title: �� THIRD AMFNA MEN1 TO'lMA M;AGRFEMENr PAGE.2 TOLLING AGREEMENT THIS TOLLING AGUEMENT ("Agreement") is being made and entered into by and between BRUSHY CREEK REGIONAL UTILITY AUTHORITY ("BCRUA"), PEPPER- LAWSON CONSTRIXTION, L.P. ("PLC") and SAFECO INSURANCE COMPANY OF AMERICA ("SAFECO") (each a "Party" and collectively, "Parties")and is being made for the purposes and consideration stated herein, WITNESSETH; WHEREAS, BCRUA and PLC are parties to a contract dated October 22, 2009 (tire "Contract") whereby PLC.' is the General Contractor for a project known as the Brushy Creek Regionul Water Treatment Plant(the"Project")located in Cedar Park, Texas; and WHEREAS, on November 2, 2009, SAPF-CO, as the surety,provided Performance Bond No. 6538676 (the "Performance Bond") for the work being performed by PLC pertaining to the Project; and WHEREAS, issues have arisen concerning the Project. which BCRUA believes may constitute:possible defective workinanship and/or design defects; and WHEREAS, PLC contends that the issues at the Project are not the result of construction defects; WHEREAS, BCRUA has provided notice of the issues to PLC and SAFECO; and WHEREAS, BCRUA, PLC and SAFI;CO are in the process of investigating the issues; and WHEREAS, PLC previously submitted a claim in the amount of $133,249.00 to BCRUA for filter and gullet work on the Project which PLC contends to be outside its scope under the Contract; and WF[EREAS, BCRUA does not acknowledge or agree that PI-C is entitled to additional i compensation as a result of such claim;and , WHEREAS, BCRUA, PLC raid SAFECO do not want to become involved in litigation related to any issues associatcd with any alleged acts, actions, errors or omissions by any Party, and desire to avoid the running of any applicable statute of limitations, laches or any other period within which a claim would be required to be asserted by BCRUA against PLC and/or SAFECO or by I'LC against BCRUA so that BCRUA, PLC and SAFECO can fully explore the issues and the potential for resolution; and WHEREAS, PC RUA, PLC and SAFECO have agreed to execute this Agreement to set forth the terms and provisions regarding the tolling of any statute of limitations, statutes of F EXHIBIT A repose, laches or other similar periods that may apply to any claims that BCRUA may have against PLC and/or SAFECO under the Contract and/or the Performance Bond and any claims P LC may have against BCRUA under the Contract,as more fully described in this Agreement, NOW THEREFORE, for and in consideration of the mutual agreements set forth herein, B CRUA,PLC and SAFRCO hereby agree as follows: 1, Purpose. The purpose of this Agreement is to avoid the running of applicable limitations, statutes of repose, laches or other period within which a claim must be asserted by each Party related to the Project, the Contract and the Performance Bond and to avoid the incurrence of additional costs and expenses associated with the filing of a Iegal action as a result of and within such limitations periods in order to allow BCRUA, PLC and SAFECO the opportunity to investigate and attempt to resolve any disputes or claims they may have related to the Project. 2. Definitions. As used in this Agreement, the following terms shall have the following meanings: a. "Effective Date of this Agreement" shall mean June 10, 2013, b. "Expiration Date of this Agreement" shall mean December 10, 2013, C. `"Tolled Period" shall mean the period of time between the Effective Date of this Agreement and the Expiration Date of this Agreement. 3. Polling and Limitations. The Parties agree that any and all limitations periods, statutes of repose, laches, or other limitations or time related defense or bar (whether statutory, contractual or otherwise) with respect to any claim between any of the Parties (including, without limitation, any atfinnalive defenses or counterclaims) related in any way to the Project,Contract or the Performance Bond is tolled and suspended from the Effective Date of this Agreement until the Expiration Date of this Agreement, the status-quo is preserved with respect to said claims as they existed on the Effective Date of this Agreement, and such limitations periods are extended by the nwnber of days included in the'Polled Period. a. Non-Waiver. BCRUA, PLC and SAFECO hereby stipulate, covenant and agree that such Parties, by executing and entering into this Agreement, are not waiving or otherwise impairing by estoppel or any other means any Party's right or ability to raise any timing defenses or limitations periods that are, or may have been, available to them for the period prior to the Effective Date of this Agreement, or for the period after the Expiration Date of this Agreement, and stipulate, covenant and agree that this Agreement shall not be construed as reviving 1ny claim or cause of action that was barred by any applicable statute of limitations, laches or other limiting period or defense as of the Effective Date of this Agn•eement. TOLIANR ACNE UMENT YA(ir 2 5. Final Completion of Pro ect. BCRUA, PLC and SAFECO stipulate and agree that final completion of the Project, as that term is used in Section 2253.078 of the TEXAS GOVERNMEN'r Cone, has not occurred as of the Effective Date of this Agreement. G. Filing Suit, Nothing in this Agreement shall prevent any Party from filing suit against any other Party during the Tolled Period, If a Party elects to file suit during the 'rolled Period, said Party shall provide the other Parties written notice that said Party will be filing a suit, which written notice shall be provided at least thirty(30) days prior to the date the suit is filed. 7, Ritiding Effect. The terms and provisions of this Agreement shall be, binding upon and inure to the benefit of the parties hereto and their respective hairs, executors, legal representatives and assigns. 8. Authority to Sign anti_Bind. Each of the individuals who is signing this Agreement on belialf of a Party hereby represents and wan-ants that said individual has the authority to enter into this Agreement on behalf of said Party, and the authority to bind said Party to the tetins and provisions of this Agreement, 9. Amendment. This Agreement shall not be amended or modified except by a written instrument cluly executed and approved by the Parties hereto, 10. Multiply, Counterparts. This Agreement can be executed in two (2) or more counterparts, each of which shall be deemed an original, all of which together shall constitute,one and the same instrument. II, Controllinp,Law. This Agreement shall be controlled by and construed in accordance with the laws of the State of Texas, and venue for any action under this Agreement or to enforce this Agreement shall be in Williamson County, Texas, 12. Interpretation. This Agreement has been and shall be construed to have been drafted by all the Parties to it so that the rule concerning construing ambiguities in an agreement against its drafter shall have no force or effect. 13. No Admission, The Parties hereto agree that by entering into this Agreement, each Party intends only to reach an amicable agreement regarding the matters set forth herein, and neither Party admits liability to any person or entity, 14, Consultation With Attorneys. In executing this Agreement, each Party has consulted with its own attorneys or other advisors in connection with the effect of this Agreement, and each assumes the risk arising from not socking further or additional eonsultadon, and each shall be responsible for paying any and all fees and expenses incurred by said Party, including attorneys' lees. rOMANp Moth HIM CMT Ph(M 3 IS. Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shHll remain in full force and effect, as if this Agreement had been executed with any such invalid provisions having been included. 16. Captions. The captions in this Agreement ars for convenience purposes only and shall not be used for the purpose of interpreting this Agreement, SIGNED to be effective on the Effective Date of this Agreement. BRUSIiY CREEK REGIONAL UTILITY AUTHORITY v� _ 1 Ey, ade: Title: PEPPER-LA'WSON CONSTRUCTION, L.P. Hy' - --- - - -- Name: Title: SAFECO INSURANCE COMPANY OF AMERICA By: Name: Title: I - P.+aa.Wnhaula'4�n7o111KhGer.M17PIW,Atneeen.n�lY/er{7fN111 u� 'POLLING AGREEMENT PAGE 4 IS. Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall remain in full force and effec(, as if this Agreement had been executed with any such invalid provisions having, been included. 16, Captions. The captions in this Agreement are for convenience purposes only and shall not be used For the purpose of interpreting this Agreement. SIGNED to be effective on the Effective Date of this Agreement. BRUSHY CREEK REGIONAL UTILITY AUTHORITY Name: Title; �— 1'EI'1'ER-LAWSON TUC ON,L.P. B Name: — Til I e; SAFECO INSURANCE COMPANY OF AME I0CA By:— Name: Title; I r,.:,a.,uvr.aw,uni„n.,r nK.,..�+u.u� aev...awr.,L...,anavtuir.y IT)LI.IN(I AURKH MI' pig a 15. Severnl,ill(,_ If illy provision in this Agreement is hold by a votn•l of uontpulettt .jurk( ictiOn to he invalid, void or unrni'clii:rnhle. the re nlaii,ing provisions shill run,nirt in lull li)n e and as if'this Agrcemcnt Ilud haul c xcuuled wi(h ally such invidid provisions having I)V.Cll include(!, 10. (.!}I[)(1Oilti, Thu captions in this Agiv.emcnl ;tre liar convenience hurl),xcs t,nly i111(1 shall nt)t 114 kjw(I f(,r d)e purpose ofiniurprwing Illis Agrucincnl, ti1(rNF:I) lu bc eff'oulive on the F:1'lu(:(ivu Datenflhis AL;rcemcnl• BRUSHY CREEK Rl Q10NAL UTILITY AtdTH0RITY 13 y: i\amc: PEPPER-LANVSON C.ONR`rRC1C TION, I.Y. Name: SAFEC:O INSURANCE COMPANY OF AMICRICA ..F 4M1 h.i... 4111 I i\,. \i.i[I l till h( V 10 44 1 I LIRST AMENDMENT TO TOLLTKG-AGREj.MENT THIS FIRST AMLNDMENT TO TOLLING AGREEMENT ("First Amendment") is being made and entered into by and between DRUSMr CREED RE,GIONA.L UTILITY AUTHORITY ("BCRUA"), PEPPE+R-LAWSON CONSTRUCTION, L.P. ("PLC") and SAFECO INSURANCE COMPANY OF AMERICA ("SAFECO") (each a "party" and collectively, "Parties"),and is being made for the purposes and consideration stated herein, WITNESSETH. WHEREAS, BCRUA, PLC and SAFECO executed and entered into a Tolling Agreement("Agreement"),a copy of which is attached hereto as Exhibit"A;"and WHEREAS, $CRUA, PLC and SAFECO desire to amend the Agreement to extend the expiration dale of Agreement;and WHERE, BCRUA,PLC and SAFECO have agreed to oxecutc this First Amendment to set forth the terms and provisions of their agreement concerning the modification and Amendment of the Agreement. NOW THEREFORE,for and in consideration of the mutual agreements set forth herein, BCRUA,PLC and SAFECO hereby agree as follows: 1. Extension of Expiration Date. Paragraph 2(b) of the Agreement is hereby modified and amended to read as follows; b, "Expiration Date of this Agreement"shall mean May 10,2014. 2. Ratiftcntlon of Agreement. The-parties hereby ratify the Agreement and agree that, exeept as modified and amended by this First Amendment, the Agreement remains in full force and effect. 3, Effective Data of This 1Pirst Amendment. The Effective Date of this First Amendment shall be November 1, 2013. SIGNED to be effective on the Effective Date of this First Amendment, BRUSHY CREEK REGIONAL UTILITY AUTHORITY By:_TQW f of a&L Name: Tom Galller Title: General Manager EXHIBIT B M- W IS1•: � . ©460—ATn 5 Srt1+'I<:(,O NNSU {:1NCI: ('ONIVANY OA' h ' N;rnn•: _ i i 1•IS;i; VA It!':Mli r•Y1 1 i I'I:!, ..�:� .u;hl'i�,�i}1-h:I V ---:.-_. � ...=.�+:�,_=�... .. _.�..,_,a...e�.�A=�.�,.��u, I I I SECOND AMENDMENT TO TOLLING AGREEMENT THIS SECOND AMENDMENT TO TOLLING AGREEMENT("Second Amendment") is being made and entered into by and between BRUSHY CREEK REGIONAL UTILITY AUTHORITY ("BCRUA"), PEPPER-LAWSON CONSTRUCTION, L.P. ("PLC") and SAFECO INSURANCE COMPANY OF AMERICA ("SAFECO") (each a "Party" and collectively, "Parties"), and is being made for the purposes and consideration stated herein. WITNESSETH: WHEREAS, BCRUA, PLC and SAFECO executed and entcred into a Tolling Agreement ("Agreement"), a copy of which is attached hereto as Exhibit"A;"and WHEREAS, BCRUA, PLC and SAFECO executed a First Amendment to Tolling Agreement dated effective November 1, 2013 ("First Amendment"), a copy of which is attached hereto as Exhibit"B"; and WHEREAS, BCRUA, PLC and SAFECO desire to further amend the Agreement to extend the expiration date of Agreement; and WHEREAS, BCRUA, PLC and SAFECO have agreed to execute this Second Amendment to set forth the terms and provisions of their agreement concerning the further modification and amendment of the Agreement. NOW THEREFORE, for and in consideration of the mutual agreements set forth herein, BCRUA, PLC and SAFECO hereby agree as follows: 1. Extension of Ex viration Date. Paragraph 2(b) of the Agreement is hereby modified and amended to read as follows: b. "Expiration Date of this Agreement" shall mean December 10, 2014. 2. Ratification-of Agreement. The parties hereby ratify the Agreement and agree that, except as modified and amended by the First Amendment and this Second Amendment, the Agreement remains in full force and effect. 3. Effective Date of This Second Amendment. The Effective Date of this Second Amendment shall be March 7, 2014, EXHIBIT C 46.Iv.c 01'0011 1.• 14 II! !lib;!!VO;rid 1111,USII‘ MEEK 1{1.:GIUN.11.1'111.11'r 10/tri it) • •••• . . N:ti;11ç93.), . .'" :WAIN I., • 9) • !,.‘111:;e1)INSI;R lV:1.:CW)P-1'.1.CIF ..1;111.719CA - • . _ NmittrM .k0:t; • I . /NJ,iNi.v.t /.. te-i, ;1.11!Ixfi f THIRD AMENDMENT TO TOLLING AGREEMENT THIS THIRD AMENDMENT TO TOLLING AGREEMENT ("Third Amendment") is being made and entered into by and between BRUSHY CREEK REGIONAL UTILITY AUTHORITY ("BCRUA"), PEPPER-LAWSON CONSTRUCTION, L.P. ("PLC") and SAFECO INSURANCE COMPANY OF AMERICA ("SAFECO") (each a "Party" and collectively, "Parties"),and is being made for the purposes and consideration stated herein. WITNESSETH: WHEREAS, BCRUA, PLC and SAFECO executed and entered into a Tolling Agreement("Agreement"), a copy of which is attached hereto as Exhibit"A;"and WHEREAS, BCRUA, PLC and SAFECO executed a First Amendment to Tolling Agreement dated effective November 1, 2013 ("First Amendment"), a copy of which is attached hereto as Exhibit"B"; and WHEREAS, BCRUA, PLC and SAFECO executed a Second Amendment to Tolling Agreement dated effective March 7, 2014 ("Second Amendment"), a copy of which is attached hereto as Exhibit"C;" and WHEREAS, BCRUA, PLC and SAFECO desire to further amend the Agreement to extend the expiration date of Agreement; and WHEREAS, BCRUA, PLC and SAFECO have agreed to execute this Third Amendment to set forth the terms and provisions of their agreement concerning the further modification and amendment of the Agreement. NOW T11EREFORE, for and in consideration of the mutual agreements set forth herein, BCRUA, PLC and SAFECO hereby agree as follows: 1. Extension of Expiration Date. Paragraph 2(b) of the Agreement is hereby modified and amended to read as follows: b. "Expiration Date of this Agreement" shall mean May 31, 2015. 2. Ratification of Agreement. The parties hereby ratify the Agreement and agree that, except as modified and amended by the First Amendment, the Second Amendment and the Third Amendment, the Agreement remains in frill force and effect. 3. Effective Date of This Third Amendment. The Effective Date of this Third Amendment shall be October 15,2014. i EXHIBIT D SIGNED to he effective on the Effective Date of this Third Amendment. BRUSHY CREEK REGIONAL U'I 1Ixj'Y AUTHORITY By:.-- Name: 3 .Name: Title: ., ,,rIA .yr n,j .P� PEPPER-LAWSON CONSTRUCTION, L.P. Name: Title: ----------------�..�_.—_ ..._ SAFECO INSURANCE COMPANY OF AMERICA Name: Title: f�.6+crll��lnllnulp hili IeILM A,+�9nnm4J amc�dlifN la IOYtlIf�fiinemli0.'t1M1Wllil llp THFRO AMI"NDMENT TO TOLLING ACIRh:E:NIliN'f Pi1Gl:2 SIGNED to he effective on the Effective Data of this Thifd Amendment. BRI1SITY CRBEIC REGIONAL UTILITY AUTHOHI'I'Y By:. N:ime: Title: .�_TT---� - '— ` E1, �.R-LAYMON CMUOTay: _Noma: — Titleo#`- SAFECO INSURANCE COMPANY OF AM, ICA By. � Nome: Title: C.5 0`%ml� '{ f.�tp:N1e1Y1�n1)H.f TpRs��yprap+Ali/an•Inp[w 1d L.lfVnuklKs IwMlul7 f� 1 fHIItD AMIsNDhfIiN7"fP"fR441NQ A(3Rf?BMLNT P/1GE 2 1 Monique Adams From: Tom Gallier Sent: Friday, April 10, 2015 11:41 AM To: Monique Adams Subject: FW: Tolling Agreement Extension and Status Sorry...,forgot to cc you on this... Just FYI....I'll be in Mexico from May 11th through May 29th... as you can see below, I'm hoping we won't need a May Board Meeting, but who knows. If we do, I assume the drill would be for me to have an OC member sit in for me....correct? Thanks, Tom Tom Gallier, General Manager Brushy Creek Regional Utility Authority(BCRUA) Ph sisal Address: 1906 Hur Industrial Blvd. Cedar Park, TX 78613 Mailing Address: 221 E. Main St. Round Rock, TX 78664 Cell.•(512) 788-2036 Fax.• (512)218-7097 e-mad.• taaallierftcrua.org From: Tom Gallier Sent: Friday, April 10, 2015 11:21 AM To: Kris Whitfield; placel@Ieandertx.gov; places@cedarparktexas.gov; George White; placeh@leandertx.gov; place3@cedarparktexas.gov Cc: Sam Roberts; Wayne Watts; Michael Thane; Kenneth Wheeler; Jeff Bell Subject: Tolling Agreement Extension and Status Board Members, Just FYI....this morning, I signed a fourth extension of our existing 'Tolling Agreement" with PLC, and their surety, Safeco. This extension expires on October 31st of this year. It is assumed by all parties that all construction issues at the regional water treatment plant will be resolved, and that any and all final settlement negotiations will have been completed prior to that date. As a reminder, the Tolling Agreement simply maintains our right to pursue litigation against PLC and their performance bond holder, if we are unable to reach a mutually agreeable final settlement, once construction is finally complete. PLC and their sub-contractors continue to push forward on all construction defect repairs, with the exception of Filters 5, 6, and 7 (these are reserved filters, which were never intended to be operational during the Phase 1 construction project). We intend to discuss Filters 5,6, and 7 during a meeting of all parties that is currently scheduled for April 21st, Also FYI....Lake Travis has risen a few feet, and now sits at 628.3 feet MSL elevation. The OC and I will revisit recommissioning the BCRUA floating intake if/when the lake rises to at least 632 feet. There remains significant uncertainty about the medium/long-range outlook. For example, even though Lake Travis has gained over 60,000 acre feet of water since January 1st, the levels this April have only been lower on two occasions, in 1951 and 1952, during the official Drought of Record. In 2013, at this time, the lake was at about 630 feet MSL, but by mid-August, it had dropped below 623 feet MSL, which necessitated our having to decommission and relocate the floating intake to a safer holding 1 area...where it remains today. NOAA has issued a report that increases the likelihood (from 60% to 70%) that the recently declared EI Nino condition in the Pacific will continue through July-August. But, all evidence to date has been that this is a relatively weak EI Nino, and weak EI Ninos, historically, do not have a significant impact on central Texas. While the additional precipitation is certainly welcome and appreciated, the LCRA system still remains at only 37% full....near historically low levels. One last item.....I will be out of the country from May 11th through May 29th. It's our 15th anniversary, and my wife has rented a place on the Mexican Costa Alegre (the happy coast). I'm hoping that we won't need a May Board meeting, but if one is necessary, I'll have to ask one of the OC members to fill in for me. Otherwise, I'll remain in constant contact, via cell phone and e-mail, for any routine or non-routine issues that arise. Please feel free to contact me if you have any questions about the Tolling Agreement extension, or any other issues. Have a great weekend....see you at next week's Board Meeting! Thanks, Tom Tom Gallier, General Manager Brushy Creek Regional Utility Authority(BCRUA) Physical Address. 1906 Hur Industrial Blvd. Cedar Park, TX 78613 Mailing Address.• 221 E. Main St. Round Rock, TX 78664 Cell:(512) 788-2036 Fax: (512)218-7097 e-mail.• tc7allierCa76crua.org Monique Adams From: Tom Gallier Sent: Monday, April 13, 2015 11:59 AM To: Monique Adams Subject: RE: Fourth Amendment To Tolling Agreement Will do! Thanks, Tom Tom Gallier, General Manager Brushy Creek Regional Utility Authority(BCRUA) Physical Address: 1906 Hur Industrial Blvd. Cedar Park, TX 78613 Mailing Address: 221 E. Main St. Round Rock, TX 78664 CO.-(512)788-2036 Fax:(512)218-7097 e-mail.- toallierftcrua.org From: Monique Adams Sent: Friday, April 10, 2015 5:15 PM To: Tom Gallier Subject: RE: Fourth Amendment To Tolling Agreement t will create a general manger file for this agreement. (I have to make sure we have the other three amendments?!) When PLC signs it can you please forward me the final executed copy for the files. Tkawk y, MaK4A4' Administration Department P: 512-218-3234 1 F: 5121-278-7097 1 roundrocktexas.gov From:Tom Gallier Sent: Friday, April 10, 2015 11:39 AM To: Monique Adams Subject: Fourth Amendment To Tolling Agreement Monique, Please see the attached fourth amendment/extension to our tolling agreement with PLC. Thanks, 1 Tom Tom Gallier, General Manager Brushy Creek Regional Utility Authority(SCR UA) Physical Address: 1906 Hur Industrial Blvd. Cedar Park, TX 78613 Mailing Address: 221 E. Main St Round Rock, TX 78664 Cell: (512) 788-2036 Fax:(512)218-7097 e-mail. tgallierC�bcrua,orq 2