GM-16-09-09-067Approved: 9/9/2016
7/25/2016
EXHIBIT A
OWNER SERVICES
In addition to the other responsibilities of OWNER as set forth in this Agreement, the OWNER shall,
at its expense:
A. Review and comment on all deliverables. OWNER will provide a single set of consolidated
OWNER review comments on all deliverables.
B. Coordinate with cooperating jurisdictional, funding, and environmental permitting agencies as
needed and issue applications and payments for required reviews, approvals, and permits.
C. Participate in project meetings as described in the scope of services.
D. OWNER is responsible for posting meetings and other technical materials on the OWNER website.
E. Provide, as required for the Project:
1) Accounting, bond and financial advisory, independent cost estimating, and insurance
counseling services.
2) Legal services with regard to issues pertaining to the Project as OWNER requires or
deems appropriate, or ENGINEER reasonably requests, including but not limited to the
review of Documents supplied by ENGINEER.
F. Authorize ENGINEER to provide Additional Services as set forth in this Agreement as required.
G. Advise ENGINEER of the identity and scope of services of any independent consultants
employed by OWNER to perform or furnish services in regard to the Project..
H. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes
aware of the presence at the Site of any Constituent of Concern, or of any other development
that affects the scope or time of performance of ENGINEER’S services, or any defect or
nonconformance in ENGINEER’S services, the Work, or in the performance of any Contractor.
I. Provide ENGINEER with the findings and reports generated by the entities providing services to
OWNER pursuant to this exhibit.
7/25/2016
EXHIBIT B
ENGINEERING SERVICES
GENERAL
The Project generally consists of providing assistance to obtain financing for future expansions of
the OWNER regional water system. The primary tasks of this agreement include:
1.0 Project Management, Coordination and Meetings
2.0 Texas Water Development Board (TWDB) Funding Application Support
3.0 Additional Services
ASSUMPTIONS
ENGINEER’S assumptions apply to all tasks set forth in this Exhibit.
1. The ultimate system capacity is 144.7 MGD allocated among the OWNER WTP (105.8 MGD),
the City of Cedar Park WTP (26.9 MGD), and the City of Leander (Sandy Creek) WTP (12.0
MGD).
2. ENGINEER shall not perform cost estimating for Phase 1. All Phase 1 costs and cost
allocations shall be determined from information prepared by others and provided by
OWNER.
BASIC SCOPE OF SERVICES
Task 1.0 - Project Management, Coordination, and Meetings
1.1 Project Administration. Provide administration and management of the project.
1.1.1 Project Management Plan (PMP). Develop, document and monitor the following
plans and procedures to coordinate administration of the contract: team
communication, quality management, document control, and cost and schedule
control.
1.1.2 Manage and coordinate staff resources and project planning. Assign qualified and
experienced personnel in a timely manner to project activities and coordinate the
efforts of such personnel to comply with budget, schedule, scope, and quality.
1.1.3 Prepare and submit monthly invoices and project progress reports. As a minimum,
monthly progress reports shall include a summary description of tasks completed
as of the report date, financial status of the project, status of schedule for project,
and identification of technical or other issues which may have an impact to the
overall project budget and/or schedule.
1.1.4 Facilitate document control and document sharing by utilizing Projectwise for
electronic filing of documents.
1.2 Project Meetings. Attend up to two meetings with the OWNER Board or the City Councils
of OWNER member cities to provide presentations on the status of the Project.
7/25/2016
Task 1.0 Deliverables
Monthly invoices and project progress reports
Project status presentation (2)
Task 2.0 - Texas Water Development Board (TWDB) Funding Application Support
2.1 Funding Plan. Provide assistance in obtaining financing for the project. Develop a funding
plan guidance document for OWNER and member cities to fund completion of Phases 1B,
1C, 1D, and 2. Coordinate development of the Funding Plan with the TWDB, OWNER, and
designated financial advisors of each member city.
2.1.1 Estimate the design and construction phase costs of Phase 1B, 1C, and 1D based on
information included in the Phase 1 Preliminary Engineering Report (developed by
others), OWNER Master Agreement Capacity Allocation Agreement, and Phase 1A
contractor schedule of values. Phase 2 costs shall be as presented in the 2016
Preliminary Engineering Report (PER).
2.1.2 Allocate costs to each member city for each cost component based on the
corresponding reserved system capacity for the development of individual city
funding plans.
2.1.3 Apply available Phase 1A bond proceeds to the funding plan per OWNER’S
direction.
2.1.4 Determine costs eligible for low interest, deferred, and TWDB participation loans.
Utilize member city water demands from the OWNER WTP to estimate the amount
of TWDB participation.
2.1.5 Prepare a multi-year fund take-down schedule for each member city based on the
estimated project schedules and loan types. Project schedules shall be based on
water demand projections provided by OWNER.
2.1.6 Determine City of Leander Phase 1A costs for capacity beyond 2027 to facilitate
discussion between financial advisors on TWDB to determine if such costs can be
refunded in SWIFT TWDB participation loan.
2.2 Environment Assessment (EA) Review. Review and compare the Phase 2 EA (2012 and
2014 EA Supplement) and the Phase 2 PER (2016) to identify differences between the EA
design assumptions and the preliminary design recommendations. Coordinate with the
TWDB to determine if environmental impacts of identified variances require an amendment
to the EA.
2.3 Funding Application Support. Support the preparation of the abridged and full financial
assistance applications. Support is limited to the review of information prepared by the
OWNER financial advisor and provision of engineering details necessary for completion of
the application. OWNER and OWNER’S financial advisor shall lead the preparation of the
required funding applications and supporting materials required by TWDB.
7/25/2016
2.4 Meetings
2.4.1 ENGINEER shall attend up to three meetings with OWNER and TWDB and prepare
and deliver presentations as required.
2.4.2 ENGINEER shall attend up to three meetings with OWNER and the member city
staff and financial advisors.
Task 2.0 Deliverables
Funding Plan Guidance Document (Microsoft Excel spreadsheet)
Meeting agendas and minutes (as required)
Task 3.0 - Additional Services
The following Additional Services are not included in the Scope of Services and will not be
performed unless specifically authorized by the OWNER:
3.1 Preparation and submittal of general, legal, and fiscal submittals to TWDB on behalf of
OWNER and/or member cities including but not limited to Infrastructure Financing Report
Surveys, Water Conservation and Drought Contingency Plans, Financing Agreements,
Private Placement Memoranda, and Master Agreements for TWDB Funding.
3.2 Coordination with other regulatory including but not limited to Texas Parks & Wildlife
Department (TPWD), U.S. Fish & Wildlife Service (USFWS), Texas Historical Commission
(THC), and U.S. Environmental Protection Agency (USEPA).
3.3 Services required as a result of OWNER'S providing incomplete or incorrect Project
information to ENGINEER.
3.4 Services resulting from significant changes in the scope, extent, or character of the portions
of the Project designed or specified by ENGINEER or its design requirements including, but
not limited to, changes in size, complexity, OWNER’S schedule, character of construction, or
method of financing; and revising previously accepted studies, reports, Drawings,
Specifications, or Contract Documents when such revisions are required by changes in
Laws and Regulations enacted subsequent to the Effective Date of this Agreement or are
due to other causes beyond ENGINEER’S control.
3.5 Furnishing services of Consultants for other than Basic Services.
3.6 Providing assistance in responding to the presence of any Constituent of Concern at the
Site, in compliance with current Laws and Regulations.
3.7 Preparing to serve or serving as a consultant or witness for OWNER in any litigation,
arbitration, or other dispute resolution process related to the Project.
3.8 Providing more extensive services required to enable ENGINEER to issue notices or
certifications requested by OWNER.
3.9 Other services performed or furnished by ENGINEER not otherwise provided for in this
Agreement.
7/25/2016
EXHIBIT C
WORK SCHEDULE
The Basic Scope of Services as set forth in Exhibit B will be performed as follows. ENGINEER’S
receipt of an executed copy of this agreement will serve as authorization to proceed.
Task Duration
1.1 Project Management, Coordination, Meetings Through project completion
2.1 Funding Plan 1 month
2.2 Environmental Assessment Review 1 month
2.3 Funding Application Support 10 months
2.4 Meetings As required by OWNER
7/25/2016
EXHIBIT D
COMPENSATION
Total compensation for Basis Services set forth in Exhibit B is estimated to be $46,200. OWNER shall
pay ENGINEER for Basic Services set forth in Exhibit B on the basis of Lump Sum as described in
Paragraph 1.0.
1.0 OWNER shall pay ENGINEER for Basic set forth in Exhibit B as follows:
A. A Lump Sum amount of $46,200 based on the following estimated distribution of
compensation:
1. Task 1.0 – Project Management, Coordination, and Meetings $9,200
2. Task 2.0 – TWDB Funding Application Support $37,000
B. The portion of the Lump Sum amount billed for ENGINEER’S services will be based upon
ENGINEER’S estimate of the percentage of the total services actually completed during
the billing period for each Task described in Paragraph 1.0(A).
C. ENGINEER shall not exceed the total Lump Sum amount unless approved in writing by the
OWNER.
D. The Lump Sum includes compensation for ENGINEER’S services and services of
ENGINEER’S Consultants, if any. Appropriate amounts have been incorporated in the
Lump Sum to account for labor costs, overhead, profit, expenses, and Consultant charges.
Brushy Creek Regional Utility Authority
Funding Plan Support
Fee and Labor Summary
Senior
Project Project QA/QC Senior Admin Total Total
Principal Manager Reviewer Economist Support Hours Fee
TASK DESCRIPTION
1.0 Project Management, Coordination, and Meetings 0
1.1 Project Administration 2 8 8 18 $3,077
1.2 Project Meetings 2 16 2 4 4 28 $6,086
TASK SUBTOTAL 4 24 2 4 12 46 $9,200
2.0 TWDB Funding Application Support
2.1 Funding Plan 1 60 2 8 71 $15,784
2.2 EA Review 8 0 8 $1,875
2.3 Funding Application Support 1 24 8 4 37 $7,593
2.4 Meetings 1 40 2 4 8 55 $11,747
TASK SUBTOTAL 3 132 4 20 12 171 $37,000
Total Hours 7 156 6 24 24 217 $46,200
Labor Classifications and Hours
7/25/2016
EXHIBIT E
CERTIFICATE OF INSURANCE
77/26/2016
E(MM/DD/YYYY)
ACORO® CERTIFICATE OF LIABILITY INSURANCE
6/1/2017
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
CONTACT
PRODUCER LOckton Companies NAME:
444 W.47th Street,Suite 900 PHONE Fax
(A NKansas City MO 64112-1906 E-MAIL Ext: A/C No
(816)960-9000 ADDRESS:
INSURER(S)AFFORDING COVERAGE NAIC#
INSURER A:Hartford Fire Insurance Company 19682
INSURED HDR ENGINEERING,INC. INSURER B:Travelers Property Casualty Co of America 25674
1013472 8404 INDIAN HILLS DRIVE INSURER C:American Zurich Insurance Company 40142
OMAHA,NE 68114-4049 INSURER D:Lexington Insurance Company 19437
INSURER E:
INSURER F:
COVERAGES HDRIN01 CERTIFICATE NUMBER: 14173476 REVISION NUMBER: XXXXXXX
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP
/YLIMITS
LTR POLICY NUMBER MM/DDYYY /Y
MM/DDYYY
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
DAMAGE A X N N 37CSEQU0950 6/1/20]6 6/1/2017
O
CLAIMS-MADE � OCCUR PREM SESEa oNcur ante $ 1,000,000 000 000
X CONTRACTUAL LIAB INC MED EXP(Any one person) $ 10,000
PERSONAL&ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000
POLICY D PRO ❑
JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000
OTHER: $
A AUTOMOBILE LIABILITY N N 37CSEQUO951(AOS) 6/1/2016 6/1/2017 COMBINED SINGLE LIMIT $
A 37CSEQUO952(HI) 6/1/2016 6/1/2017 Ea accident 2,000,000
A X ANY AUTO 37CSEQUI160(MA) 6/1/2016 6/1/2017 BODILY INJURY(Per person) $ XXXXXXX
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS XXXXXXX
X HIREDX NON-OWNED PROPERTY DAMAGE $ XXXXXXX
AUTOS ONLY AUTOS ONLY (par.
Per accident
$ XXXXXXX
B X UMBRELLA LIAB OCCUR N N ZUP-IOR64084-16-NF 6/1/2016 6/1/2017 EACH OCCURRENCE $ 1,000,000
B EXCESS LIAB CLAIMS-MADE (EXCLUDES PROF LIAR) 6/1/2016 6/1/2017 AGGREGATE $ 1,000,000
DED I I RETENTION$ $ XXXXXXX
WORKERS COMPENSATIONPER OTH-
C AND EMPLOYERS'LIABILITY Y/N N 0381127 7/1/2016 7/1/2017 X STATUTE ER
ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ 1,000,000
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000
D ARCHS&ENGS N N 061853691 6/1/2016 6/1/2017 PER CLAIM:$1,000,000
PROFESSIONAL AGGREGATE:$1,000,000
LIABILITY
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
TWDB FUNDING SUPPORT.
CERTIFICATE HOLDER CANCELLATION
14173476
BRUSHY CREEK REGIONAL UTILITY AUTHORITY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
ATTN:TOM GALLIER,GENERAL MANAGER THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
221 EAST MAIN STREET ACCORDANCE WITH THE POLICY PROVISIONS.
ROUND ROCK TX 78664
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