GM-21-10-15-101 BRUSHY CREEK REGIONAL UTILITY AUTHORITY
PROFESSIONAL CONSULTING SERVICES AGREEMENT
FOR THE COMPLETION OF AN
EMERGENCY PREPAREDNESS PLAN
WITH
WALKER PARTNERS, LLC
THE STATE OF TEXAS §
THE BCRUA OF ROUND ROCK § KNOW ALL BY THESE PRESENTS
COUNTY OF WILLIAMSON §
THIS AGREEMENT for professional consulting services related to the completion of an
Emergency Preparedness Plan for compliance with Senate Bill 3 for the Brushy Creek Regional
Utility Authority Public Water System (the "Agreement") is made 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 (hereinafter referred
to as "BCRUA"), and WALKER PARTNERS, LLC, a Texas limited liability company, whose
offices are located at 804 Las Cimas Parkway, Suite 150, Austin, Texas 78746 (hereinafter
referred to as the "Consultant").
RECITALS:
WHEREAS, BCRUA has determined that there is a need for an Emergency
Preparedness Plan to address potential power and water outages as required by Senate Bill 3; and
WHEREAS, BCRUA desires to contract with the Consultant for such services; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties and obligations hereunder;
NOW,THEREFORE,WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is
mutually agreed between the parties as follows:
1.01 EFFECTIVE DATE, DURATION,AND TERM
This Agreement shall be effective on the date this Agreement has been signed by each
party hereto, and shall remain in full force and effect unless and until it expires by operation of
the term indicated herein, or is terminated or extended as provided herein.
The term of this Agreement shall be until full and satisfactory completion of the work
specified herein is achieved.
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BCRUA reserves the right to review the Agreement at any time, and may elect to
terminate the Agreement with or without cause or may elect to continue.
2.01 PROPOSAL FOR SERVICES
For purposes of this Agreement Consultant has issued its proposal for services for the
tasks delineated therein, such proposal for services being attached to this Agreement as Exhibit
"A" titled "Scope of Services," which document is incorporated herein for all purposes.
3.01 SCOPE OF SERVICES
Consultant shall satisfactorily provide all services described herein and as set forth in
Exhibit "A" according to the schedule agreed upon by the parties and as set forth in the
"Schedule and Budget attached as Exhibit"B," incorporated herein by reference for all purposes.
Consultant's undertaking shall be limited to performing services for BCRUA andlor advising
BCRUA concerning those matters on which Consultant has been specifically engaged.
Consultant shall perform services in accordance with this Agreement, in accordance with the
appended proposal for services, and in a professional and workmanlike manner.
4.01 LIMITATION TO SCOPE OF SERVICES
Consultant and BCRUA agree that the scope of services to be performed is enumerated in
Exhibit "A" and herein, and Consultant shall not undertake work that is beyond the Scope of
Work set forth in Exhibit "A," however, either party may make written requests for changes to
the Scope of Work. To be effective, a change to the Scope of Work must be negotiated and
agreed to and must be embodied in a valid Supplemental Agreement as described in 10.01.
5.01 CONTRACT AMOUNT
In consideration for the consulting services to be performed by Consultant, BCRUA
agrees to pay Consultant for the Scope of Services in accordance with the "Schedule and
Budget," attached hereto as Exhibit"B."
Not-to-Exceed Total Payment for Services: Consultant's total compensation for
consulting services hereunder shall not exceed Forty-Four Thousand Nine Hundred Sixty and
No/100 Dollars ($44,960.00). This amount represents the absolute limit of BCRUA's liability to
Consultant hereunder unless same shall be changed by Supplemental Agreement, and BCRUA
shall pay, strictly within the not-to-exceed sum recited herein, Consultant's fees for work done
on behalf of BCRUA.
Payment for Reimbursable Expenses: There shall be no payments for reimbursable
expenses included in this Agreement.
6.01 INVOICE REQUIREMENTS; TERMS OF PAYMENT
Invoices: To receive payment, Consultant shall prepare and submit detailed invoices to
the BCRUA, in accordance with the delineation contained herein, for services rendered. Such
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invoices for services shall track the referenced Scope of Work, and shall detail the services
performed, along with documentation for each service performed. Payment to Consultant shall
be made on the basis of the invoices submitted by Consultant and approved by the BCRUA.
Such invoices shall conform to the schedule of services and costs in connection therewith.
Should additional backup material be requested by the BCRUA relative to service
deliverables, Consultant shall comply promptly. In this regard, should the BCRUA determine it
necessary, Consultant shall make all records and books relating to this Agreement available to
the BCRUA for inspection and auditing purposes.
Payment of Invoices: The BCRUA reserves the right to correct any error that may be
discovered in any invoice that may have been paid to Consultant and to adjust same to meet the
requirements of this Agreement. Following approval of an invoice, the BCRUA shall endeavor
to pay Consultant promptly, but no later than the time period required under the Texas Prompt
Payment Act described in Section 8.01 herein. Under no circumstances shall Consultant be
entitled to receive interest on payments which are late because of a good faith dispute between
Consultant and the BCRUA or because of amounts which the BCRUA has a right to withhold
under this Agreement or state law. The BCRUA shall be responsible for any sales, gross receipts
or similar taxes applicable to the services, but not for taxes based upon Consultant's net income.
7.01 INSURANCE
Consultant shall meet all BCRUA's Insurance Requirements. A Certificate of Insurance
shall be provided to BCRUA upon execution of this Agreement.
8.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by the BCRUA to Consultant will be made within thirty (30) days of the date the BCRUA
receives goods under this Agreement, the date the performance of the services under this
Agreement are completed, or the date the BCRUA receives a correct invoice for the goods or
services, whichever is later. Consultant may charge interest on an overdue payment at the "rate
in effect" on September I of the fiscal year in which the payment becomes overdue, in
accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt
Payment Policy does not apply to payments made by the BCRUA in the event:
(a) There is a bona fide dispute between the BCRUA and Consultant, a
contractor, subcontractor, or supplier about the goods delivered or the service
performed that cause the payment to be late; or
(b) There is a bona fide dispute between Consultant and a subcontractor or
between a subcontractor and its supplier about the goods delivered or the
service performed that causes the payment to be late; or
(c) The terms of a federal contract, grant, regulation, or statute prevent the
BCRUA from making a timely payment with federal funds; or
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(d) The invoice is not mailed to the BCRUA in strict accordance with any
instruction on the purchase order relating to the payment.
9.01 NON-APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of the BCRUA's current revenues only. It is understood
and agreed that the BCRUA shall have the right to terminate this Agreement at the end of any
BCRUA fiscal year if the governing body of the BCRUA does not appropriate funds sufficient to
purchase the services as determined by the BCRUA's budget for the fiscal year in question. The
BCRUA may affect such termination by giving Consultant a written notice of termination at the
end of its then- current fiscal year.
10.01 SUPPLEMENTAL AGREEMENT
The terms of this Agreement may be modified by written Supplemental Agreement
hereto, duly authorized by BCRUA Council or by the BCRUA Manager, if the BCRUA
determines that there has been a significant change in (1) the scope, complexity, or character of
the services to be performed; or (2) the duration of the work. Any such Supplemental
Agreement must be executed by both parties within the period specified as the term of this
Agreement. Consultant shall not perform any work or incur any additional costs prior to the
execution, by both parties, of such Supplemental Agreement. Consultant shall make no claim for
extra work done or materials furnished unless and until there is full execution of any
Supplemental Agreement, and the BCRUA shall not be responsible for actions by Consultant nor
for any costs incurred by Consultant relating to additional work not directly authorized by
Supplemental Agreement.
11.01 TERMINATION; DEFAULT
Termination: It is agreed and understood by Consultant that the BCRUA may terminate
this Agreement for the convenience of the BCRUA, upon thirty (30) days' written notice to
Consultant, with the understanding that immediately upon receipt of said notice all work being
performed under this Agreement shall cease. Consultant shall invoice the BCRUA for work
satisfactorily completed and shall be compensated in accordance with the terms hereof for work
accomplished prior to the receipt of said notice of termination. Consultant shall not be entitled to
any lost or anticipated profits for work terminated under this Agreement. Unless otherwise
specified in this Agreement, all data, information, and work product related to this project shall
become the property of the BCRUA upon termination of this Agreement, and shall be promptly
delivered to the BCRUA in a reasonably organized form without restriction on future use.
Should the BCRUA subsequently contract with a new consultant for continuation of service on
the project, Consultant shall cooperate in providing information.
Termination of this Agreement shall extinguish all rights, duties, and obligations of the
BCRUA and the terminated party to fulfill contractual obligations. Termination under this
section shall not relieve the terminated party of any obligations or liabilities which occurred prior
to termination.
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Nothing contained in this section shall require the BCRUA to pay for any work which it
deems unsatisfactory or which is not performed in compliance with the terms of this Agreement.
Default: Either party may terminate this Agreement, in whole or in part, for default if
the Party provides the other Party with written notice of such default and the other fails to
satisfactorily cure such default within ten (10) business days of receipt of such notice (or a
greater time if agreed upon between the Parties).
If default results in termination of this Agreement, then the BCRUA shall give
consideration to the actual costs incurred by Consultant in performing the work to the date of
default. The cost of the work that is useable to the BCRUA, the cost to the BCRUA of
employing another firm to complete the useable work, and other factors will affect the value to
the BCRUA of the work performed at the time of default. Neither party shall be entitled to any
lost or anticipated profits for work terminated for default hereunder.
The termination of this Agreement for default shall extinguish all rights, duties, and
obligations of the terminating Party and the terminated Party to fulfill contractual obligations.
Termination under this section shall not relieve the terminated party of any obligations or
liabilities which occurred prior to termination.
Nothing contained in this section shall require the BCRUA to pay for any work which it
deems unsatisfactory, or which is not performed in compliance with the terms of this Agreement.
12.01 NON-SOLICITATION
All parties agree that they shall not directly or indirectly solicit for employment, employ,
or otherwise retain staff of the other during the term of this Agreement.
13.01 INDEPENDENT CONTRACTOR STATUS
Consultant is an independent contractor, and is not the BCRUA's employee. Consultant's
employees or subcontractors are not the BCRUA's employees. This Agreement does not create a
partnership, employer-employee, or joint venture relationship. No party has authority to enter
into contracts as agent for the other party. Consultant and the BCRUA agree to the following
rights consistent with an independent contractor relationship:
(1) Consultant has the right to perform services for others during the term hereof.
(2) Consultant has the sole right to control and direct the means, manner and method
by which it performs its services required by this Agreement.
(3) Consultant has the right to hire assistants as subcontractors, or to use employees
to provide the services required by this Agreement.
(4) Consultant or its employees or subcontractors shall perform services required
hereunder, and the BCRUA shall not hire, supervise, or pay assistants to help
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Consultant.
(5) Neither Consultant nor its employees or subcontractors shall receive training from
the BCRUA in skills necessary to perform services required by this Agreement.
(b) BCRUA shall not require Consultant or its employees or subcontractors to devote
full time to performing the services required by this Agreement.
(7) Neither Consultant nor its employees or subcontractors are eligible to participate
in any employee pension, health, vacation pay, sick pay, or other fringe benefit
plan of the BCRUA.
14.01 CONFIDENTIALITY; MATERIALS OWNERSHIP
Any and all programs, data, or other materials furnished by the BCRUA for use by
Consultant in connection with services to be performed under this Agreement, and any and all
data and information gathered by Consultant, shall be held in confidence by Consultant as set
forth hereunder. Each party agrees to take reasonable measures to preserve the confidentiality of
any proprietary or confidential information relative to this Agreement, and to not make any use
thereof other than for the performance of this Agreement, provided that no claim may be made
for any failure to protect information that occurs more than three (3) years after the end of this
Agreement.
The parties recognize and understand that the BCRUA is subject to the Texas
Public Information Act and its duties run in accordance therewith.
All data relating specifically to the BCRUA's business and any other information which
reasonably should be understood to be confidential to BCRUA is confidential information of
BCRUA. Consultant's proprietary software, tools, methodologies, techniques, ideas,
discoveries, inventions, know-how, and any other information which reasonably should be
understood to be confidential to Consultant is confidential information of Consultant. The
BCRUA's confidential information and Consultant's confidential information is collectively
referred to as "Confidential Information." Each party shall use Confidential Information of the
other party only in furtherance of the purposes of this Agreement and shall not disclose such
Confidential Information to any third party without the other party's prior written consent, which
consent shall not be unreasonably withheld. Each party agrees to take reasonable measures to
protect the confidentiality of the other party's Confidential Information and to advise their
employees of the confidential nature of the Confidential Information and of the prohibitions
herein.
Any and all materials created and developed by Consultant in connection with services
performed under this Agreement, including all trademark and copyright rights, shall be the sole
property of BCRUA at the expiration of this Agreement.
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15.01 WARRANTIES
Consultant represents that all services performed hereunder shall be performed consistent
with generally prevailing professional or industry standards, and shall be performed in a
professional and workmanlike manner. Consultant shall re-perform any work no in compliance
with this representation.
16.01 LIMITATION OF LIABILITY
Should any of Consultant's services not conform to the requirements of the BCRUA or of
this Agreement, then and in that event the BCRUA shall give written notification to Consultant;
thereafter, (a) Consultant shall either promptly re-perform such services to the BCRUA's
satisfaction at no additional charge, or (b) if such deficient services cannot be cured within the
cure period set forth herein, then this Agreement may be terminated for default.
In no event will Consultant be liable for any loss, damage, cost or expense attributable to
negligence, willful misconduct or misrepresentations by the BCRUA, its directors, employees or
agents.
In no event shall Consultant be liable to the BCRUA, by reason of any act or omission
relating to the services provided under this Agreement (including the negligence of Consultant),
whether a claim be in tort, contract or otherwise, (a) for any consequential, indirect, lost profit,
punitive, special or similar damages relating to or arising from the services, or (b) in any event,
in the aggregate, for any amount in excess of the total fees paid by the BCRUA to Consultant
under this Agreement, except to the extent determined to have resulted from Consultant's gross
negligence, willful misconduct or fraudulent acts relating to the service provided hereunder.
17.01 INDEMNIFICATION
Consultant agrees to hold harmless, exempt, and indemnify BCRUA, its officers, agents,
directors, servants, representatives and employees, from and against any and all suits, actions,
legal proceedings, demands, costs, expenses, losses, damages, fines, penalties, liabilities and
claims of any character, type, or description, including but not limited to any and all expenses of
litigation, court costs, attorneys' fees and all other costs and fees incident to any work done as a
result hereof.
To the extent allowable by law, BCRUA agrees to hold harmless, exempt, and indemnify
Consultant, its officers, agents, directors, servants, representatives and employees, from and
against any and all suits, actions, legal proceedings, demands, costs, expenses, losses, damages,
fines, penalties, liabilities and claims of any character, type, or description, including but not
limited to any and all expenses of litigation, court costs, attorneys' fees and all other costs and
fees incident to any work done as a result hereof.
18.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party may
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assign any rights or delegate any duties under this Agreement without the other party's prior
written approval, which approval shall not be unreasonably withheld.
19.01 LOCAL, STATE AND FEDERAL TAXES
Consultant shall pay all income taxes, and FICA (Social Security and Medicare taxes)
incurred while performing services under this Agreement. The BCRUA will not do the
following:
(1) Withhold FICA from Consultant's payments or make FICA payments on its
behalf;
(2) Make state and!'or federal unemployment compensation contributions on
Consultant's behalf; or
(3) Withhold state or federal income tax from any of Consultant's payments.
If requested, the BCRUA shall provide Consultant with a certificate from the Texas State
Comptroller indicating that the BCRUA is a non-profit corporation and not subject to State of
Texas Sales and Use Tax.
20.01 COMPLIANCE WITH LAWS
A. Consultant, its consultants, agents, employees and subcontractors shall use best
efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the
BCRUA of Round Rock, as amended, and with all applicable rules and regulations promulgated
by local, state and national boards, bureaus and agencies. Consultant shall further obtain all
permits, licenses, trademarks, or copyrights, if required in the performance of the services
contracted for herein, and same shall belong solely to the BCRUA at the expiration of the term of
this Agreement.
B. In accordance with Chapter 2271, Texas Government Code, a governmental entity
may not enter into a contract with a company for goods and services unless that contract contains
written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott
Israel during the term of this Agreement. The signatory executing this Agreement on behalf of
the Consultant verifies that Consultant does not boycott Israel and will not boycott Israel during
the term of this Agreement.
21.01 FINANCIAL INTEREST PROHIBITED
Consultant covenants and represents that Consultant, its officers, employees, agents,
consultants and subcontractors will have no financial interest, direct or indirect, in the purchase
or sale of any product, materials or equipment that will be recommended or required hereunder.
22.01 DESIGNATION OF REPRESENTATIVES
The BCRUA hereby designates the following representative authorized to act in its behalf
with regard to this Agreement:
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Karen Bondy, General Manager
221 East Main Street
Round Rock, Texas 78664
(512) 215-9151
kbondy a,bcrua.org
23.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
(1) When delivered personally to recipient's address as stated herein; or
(2) Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Consultant:
Walker Partners, LLC
804 Las Cimas Parkway, Suite 150
Austin, TX 78746
Notice to BCRUA:
BCRUA
221 East Main Street
Round Rock, TX 78664
Nothing contained in this section shall be construed to restrict the transmission of routine
communications between representatives of the BCRUA and Consultant.
24.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall
be governed by and construed in accordance with the laws and court decisions of Texas.
25.01 EXCLUSIVE AGREEMENT
The terms and conditions of this Agreement, including exhibits, constitute the entire
agreement between the parties and supersede all previous communications, representations, and
agreements, either written or oral, with respect to the subject matter hereof. The parties
expressly agree that, in the event of any conflict between the terms of this Agreement and any
other writing, this Agreement shall prevail. No modifications of this Agreement will be binding
on any of the parties unless acknowledged in writing by the duly authorized governing body or
representative for each party.
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26.01 DISPUTE RESOLUTION
The BCRUA and Consultant hereby expressly agree that no claims or disputes between
the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any
arbitration proceeding, including without limitation, any proceeding under the Federal
Arbitration Act (9 USC Section 1-14)or any applicable state arbitration statute.
21.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion of provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion of
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this Article shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
28.01 STANDARD OF CARE
Consultant represents that it is specially trained, experienced and competent to perform
all of the services, responsibilities and duties specified herein and that such services,
responsibilities and duties shall be performed, whether by Consultant or designated
subconsultants, in a manner acceptable to the BCRUA and according to generally accepted
business practices.
29.01 GRATUITIES AND BRIBES
BCRUA, may by written notice to Consultant, cancel this Agreement without incurring
any liability to Consultant if it is determined by BCRUA that gratuities or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Consultant or its agents or
representatives to any BCRUA Officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Consultant may be subject to penalties stated in
Title 8 of the Texas Penal Code.
30.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure an anticipatory repudiation of this Agreement.
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31.01 MISCELLANEOUS PROVISIONS
Time is of the Essence. Consultant agrees that time is of the essence and that any failure
of Consultant to complete the services for each phase of this Agreement within the agreed
project schedule may constitute a material breach of this Agreement. Consultant shall be fully
responsible for its delays or for failures to use reasonable efforts in accordance with the terms of
this Agreement. Where damage is caused to BCRUA due to Consultant's failure to perform in
these circumstances, BCRUA may withhold, to the extent of such damage, Consultant's
payments hereunder without a waiver of any of BCRUA's additional legal rights or remedies.
BCRUA shall render decisions pertaining to Consultant's work promptly to avoid unreasonable
delays in the orderly progress of Consultant's work.
Force Majeure. Notwithstanding any other provisions hereof to the contrary, no failure,
delay or default in performance of any obligation hereunder shall constitute an event of default
or breach of this Agreement, only to the extent that such failure to perform, delay or default
arises out of causes beyond control and without the fault or negligence of the party otherwise
chargeable with failure, delay or default; including but not limited to acts of God, acts of public
enemy, civil war, insurrection, riots, fires, floods, explosion, theft, earthquakes, natural disasters
or other casualties, strikes or other labor troubles, which in any way restrict the performance
under this Agreement by the parties.
Section Numbers. The section numbers and headings contained herein are provided for
convenience only and shall have no substantive effect on construction of this Agreement.
Waiver. No delay or omission by either party in exercising any right or power shall
impair such right or power or be construed to be a waiver. A waiver by either party of any of the
covenants to be performed by the other or any breach thereof shall not be construed to be a
waiver of any succeeding breach or of any other covenant. No waiver of discharge shall be valid
unless in writing and signed by an authorized representative of the party against whom such
waiver or discharge is sought to be enforced.
Multiple Counterparts. This Agreement may be executed in multiple counterparts,
which taken together shall be considered one original. The BCRUA agrees to provide
Consultant with one fully executed original.
[Signatures on the following page.]
II
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
hereafter indicated.
WALKER PARTNERS, LLC
Printed . ame: Jose0h W. Jenkins
Title: Office Manager
Date Signed: 10-12-2021
BRUSHY CREEK REGIONAL UTILITY AUTHORITY
By: 70 a_ o _
Karen Bondy, Ge eral Manager
Date Signed: 10/15/2021
Approved as to Form:
By. _.
tSiephan
.. ts, BCRUA Attorney
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Exhibit "A"
Brushy Creek Regional. Utility Authority (BCRUA)
Engineering Services for Assistance on Compliance with the Emergency Preparedness Plan
(Senate Bill 3)
Background
The 87"Texas Legislature passed a bill to address power and water outages experienced
during an extended freeze in February of 2021. As a result, The Texas Commission on
Environmental Quality (TCEQ) and the Public Utilities Commission (PUC) have been directed
to coordinate emergency preparedness plans (EPPs) for compliance with the legislative act.
The BCRUA had already started evaluations for back-up power alternatives prior to the
legislative act. This scope of work builds on the previous planning efforts.
Project Objectives
The main objectives of the scope of work described below is to assistant BCRUA staff in
completing and submitting an emergency preparedness plan as required by TCEQ and the
PUC.
Task
1. Project Management
1.1. Invoicing
1.2. Status Reports
1.3. Quality Control/Quality Assurance
1.4. Document Controls/Project Close-Out
Task
2. Planning Workshop with the BCRUA
2.1. Determine emergency production rate
2.2. Review interconnections
2.3. Identify how many and perhaps which pumps need to have emergency power
2.4. Deliverable: Meeting Notes
Task
3. Meeting with Power Suppliers (Pedernales Electric Cooperative, Inc. (PEC))
3.1. Identify substation feed location(s)
3.2. Review alternatives to multiple substation feed and cost of alternative
3.3. Deliverable: Meeting Notes
Exhibit "A"
Task
4. Assisting BCRUA with PUC and TCEQ EPP Submittals
4.1. November 1, 2021 Filing with PUC
4.1.1. Develop information identifying the location and general description of all
BCRUA facilities that qualify for critical Load status
4.1.2. Develop map of BCRUA facilities that identifies power transmission and
distribution utilities
4.1.3. Collect information on each county's emergency management organization
where BCRUA has critical facilities to file with PUC
4.1.4. Assist BCRUA in completing these Section 13.1396(c) Water Code submissions
to the PUC. Each affected utility shall submit to the utility commission:
4.1.4.1. Each electric utility that provides transmission and distribution service to
the affected utility,
4.1.4.2. Each retail electric provider that sells electric power to the affected
utility,
4.1.4.3. The office of emergency management of each county in which the utility
has water and wastewater facilities that qualify for critical load status under
rules adopted by the utility commission, and the division of emergency
management of the governor
4.1.4.4. Information identifying the location and providing a general description
of all water and wastewater facilities that quality for critical load status; and
4.1.4.5. Emergency contact information for the affected utility
Exhibit "A"
4.2. March 1, 2022 Submittal to TCEQ
4.2.1. Coordinate workshop to review Alternative Power Options and select options
for compliance with TCEQ EPP requirements
4.2.2. Develop system map(s) and diagrams as required by TCEQ EPP
4.2.3. Collect equipment information for Water System Description section of EPP-
source information, treatment information, distribution information, system
demands, interconnections, and power providers
4.2.4. Alternative Power Options[Attachment 1: TCEQ Form 205366 (08/2021)-
Section III- Alternate Power Options Overview]
4.2.4.1. Gather and submit information as required by EPP (Option 6) on
hardening electric transmission and distribution system serving the water
system
4.2.4.2. Gather and submit information as required by EPP (Option 8A) on
designation of water system as a critical load facility
4.2.4.3. Gather and submit information as required by EPP (Option 813) on
redundant, isolated, or dedicated electrical feeds to water plants and
equipment
4.2.4.4. Gather and submit information as required by EPP (Option 13) on use of
emergency water demand rules to maintain emergency operations
4.2.5. Emergency Communications
4.2.5.1. Coordinate and complete list of emergency contacts, local contact
notifications, chemical suppliers, certified laboratories, fuel suppliers, other
utility contacts, and media notification list
4.2.6. EPP Submittal (TCEQ Review for up to 90 days)
4.2.6.1. Submit draft EPP for review
4.2.6.2. Address comments and finalize EPP template for submission to TCEQ
4.2.6.3. Address TCEQ comments
4.2.6.4. Assist BCRUA in submitting approved EPP to PUC, TDEM, and County
• Deliverables: Draft and final EPP Template TCEQ-20536E (08/2021)
Task
5. Recommendations for Additional Implementation of Emergency Facilities
5.1. Meeting on how to implement recommendations
5.2. Deliverable: Meeting Notes
Assumptions
1. This scope assumes that power provider will provide assistance and planning cost as
described in Task 3.
2. This scope assumes that four(4) EPP Alternate Power Options will be evaluated in Task
4.2.4.
Exhibit "A"
Summary of Deliverables
Task 1: Invoices and Status Reports
Task 2: Planning Workshop Meeting Notes
Task 3: Power Suppliers Meeting Notes
Task 4: Draft and final EPP Template TCEQ-20536E (08/2021)
Task 5: Implementation of Recommendations Meeting Notes
Exhibit "B"
Schedule and Budget
Task I Total Time Senior Senior Project CAD Support
Task Description Duration (weeks from PM: PM: Engineer: Tech: Staff: Subtotal Task
(weeks) Notice to Proceed) Jenkins Archer Garza Grasse Admin Total
T 1.0Project Managamenit $7,960.00
1.1 Invoicing6 6 52,220.00
1.2 Status Reports 6 6 6 $2,940.00
1,3 Quality Control/Quality Assurance 1 8 $2.320.00
1.4 Document Controls/Project Close-Out 4 $480.00
Task 2.0 Planning Workshop with the BCRUA $2,360'00
2,1 Determine emergency production rate 0.25 0 1 2 $530.00
2.2 Review interconnections 0.251 0.25 1 2 $530.00
2.3 identify how many and perhaps which pumps need to have emergency power 0.251 0.5 2 4 51,060.00
2.4 Meeting Notes 0.25 0.75 2 $240.00
Task 3.0 Meeti with Power Su iam $1,880.00
3.1 Identify substation feed location(s) 0.25 1 2 2 $820.00
3.2 Review alternatives to multiple substation feed and cost of alternative 0.25 1.25 2 2 $820.00
3.3 Meeting Notes 0.25 1.5 2 $240.00
Task 4.0 Assisting the BCRUA vA*PUC and=0 EPP Submittals $29.92000
4.1 November 1,2021 Filing with PUC 1 2.5 2 20 $2,980.00
4.2 March 1,2022 Submittal to TCEQ 1 3.5 1 2 1 4 5850.00
4.2,1 Coordinate workshop to review Alternative Power Options and select options for compliance with TCEQ EPP
1 4.5 4 16 $3,080.00
requirements
4.2.2 Develops tem ps)and diagrams as required b TCEQ EPP 1 5.5 2 8 8 $2,540.00
Collect equipment mainformation for water System Description section of EPP-source information,treatment
4.2.3 information,distribution information,system demands,interconnections,and power providers 1.25 6.75 4 16 $3,080.00
4.2.4 Alternative Power Options
4,2.4.1 Gather and submit information as required by EPP(Option 6)on hardening electric transmission and distribution
system servin the waters tem 1 7.75 4 16 2 $3,330.00
4 2 4 2 Gather and submit information as required by EPP(Option 8A)on designation of water system as a critical load
1,5 9.25 4 16 2 $3,330.00
facili
4.2.4.3 Gather and submit information as required by EPP(Option 88)on redundant,isolated,or dedicated electrical feeds
to water plants and equipment 1 10.25 4 16 21 53,330.00
4.2.4.4 Gather and submit information as required by EPP(Option 13)on use of emergency water demand rules to
maintain emergency operations 1 11.25 4 16 2 $3,330.00
4.2.5 Emer en Communications 1 12.25 1 8 $1,250.00
4.2.6 EPP Submittal{fCEQ Review for up to 90 days) 12 24.25 2 16 4 $2,820.00
Task 5.0 Recommendations for Additional Implementation of EmergencyFeeflides $2,840.00
5.1 Meetin on how to implement recommendations 1.5 25.75 4 12 $2,600.00
5.2 eetmg ones 1.25 27 2 5240.00
Total Hours 56 8 1901 161 20
Total Com on Will Be a Lump Sum of 544,960.00