BCRUA_R-12-01-18-6A RESOLUTION NO. R-12-01-18-6A
WHEREAS, the Brushy Creek Regional Utility Authority, Inc. ("BCRUA") desires to
retain engineering services for the BCRUA Regional Water Supply Project- Phase 2 Deep Water
Intake Environmental Assessment & Planning Level Engineering for TWDB Funding Project;
and
WHEREAS, Jacobs Engineering Group, Inc. has submitted a Contract for Engineering
Services to provide said services, and
WHEREAS, the BCRUA desires to enter into said contract with Jacobs Engineering
Group, Inc.,Now Therefore
BE IT RESOLVED BY THE BRUSHY CREEK REGIONAL UTILITY
AUTHORITY,
That the Board President is hereby authorized and directed to execute on behalf of the
BCRUA a Contract for Engineering Services with Jacobs Engineering Group, Inc. for the
BCRUA Regional Water Supply Project - Phase 2 Deep Water Intake Environmental
Assessment & Planning Level Engineering for TWDB Funding Project, a copy of said contract
being attached hereto as Exhibit"A" and incorporated herein for all purposes.
The Board 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 18th day of January, 2012.
ZMCRUMBoard PacketskPackct Documcnts1201210 11812\Rcs.BCRUA-ESC sr-Jacobs-Deep Water Intake(00241458).DOC/rmc
GEORGE MUTE, President
Brushy Creek Regional Utility Authority
ATTEST:
MITCH ULLER, ecretary
2
WS�n(y®1_ C�-�y \_111
, L
REGIONAL UTILITY/UTI-iOP.i I Y - _� _ I C
!. >
Pa r rncrrh Ip of C cdar Parkt:, lea oder, and RounA R or 1. % /
BRUSHY CREEK REGIONAL UTILITY AUTHORITY
CONTRACT FOR ENGINEERING SERVICES
I+IRM: JACOBS ENGINEERING GROUP, INC. ("Engineer")
ADDRESS: 2705 Bee Cave Road Suite 300 Austin TX 78746
PROJECT: BCRUA Regional Water Supply Project—Phase 2 Deep Water Intake Environmental
Assessment&Planning Level Engineering for TWDB Funding
THE STATE Or TEXAS §
COUNTY OF WILLIAMSON §
THIS CONTRACT FOR ENGINEERING SERVICES ("Contract') is made and entered into on
this the clay of 12012 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 Engineer, and such
Contract is for the purpose of contracting for professional engineering services.
RECITALS:
WHEREAS, V.T.C.A., Govermnent Code §2254.002(2)(A)(vii) under Subchapter A entitled
"Professional Services Procurement Act" provides for the procurement by municipalities of services of
professional engineers; and
WHEREAS, BCRUA and Engineer desire to contract for such professional engineering services;
and
WHEREAS, BCRUA and Engineer wish to document their agreement concerning the
requirements and respective obligations of the parties;
NOW,THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable considerations, and the covenants and agreements hereinafter contained to be kept and
performed by the respective parties hereto, it is agreed as follows:
Engineering Services Contract Rev. 06/10
00241291.doC � _ 196074
CONTRACT DOCUMENTS
i
The Contract Documents consist of this Contract and any exhibits attached hereto (which
exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts
(as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all
are as fully a part of this Contract as if attached to this Contract or repeated herein.
ARTICLE 1
BCRUA SERVICES
BCRUA shall perform or provide services as identified in Exhibit A entitled"BCRUA Services."
ARTICLE 2
ENGINEERING SERVICES
Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering
Services."
Engineer shall perform the Engineering Services in accordance with the Work Schedule as
identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete
schedule so that the Engineering Services under this Contract may be accomplished within the specified
time and at the specified cost. The Work Schedule shall provide specific work sequences and definite
review times by BCRUA and Engineer of all Engineering Services. Should the review times or
Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer,
Engineer may submit a timely written request for additional time, which shall be subject to the approval
of the General Manager.
ARTICLE 3
CONTRACT TERM
(1) Term. The Engineer is expected to complete the Engineering Services described herein in
accordance with the above described Work Schedule. If Engineer does not perform the Engineering
Services in accordance with the Work Schedule, then BCRUA shall have the right to terminate this
Contract as set forth below in Article 20. So long as the BCRUA elects not to terminate this Contract, it
shall continue from day to day until such time as the Engineering Services are completed. Any
Engineering Services performed or costs incurred after the date of termination shall not be eligible for
reimbursement. Engineer shall notify BCRUA in writing as soon as possible if he/she/it determines, or
reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work
Schedule.
(2) Work SeheduIe. Engineer acknowledges that the Work Schedule is of critical importance,
and agrees to undertake all necessary efforts to expedite the performance of Engineering Services
required herein so that construction of the project will be commenced and completed as scheduled. In
this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer
shall proceed with sufficient qualified personnel and consultants necessary to fully and timely
accomplish all Engineering Services required under this Contract in a professional manner.
2
i
(3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with
Engineering Services until authorized in writing by BCRUA to proceed as provided in Article 7.
ARTICLE 4
COMPENSATION
BCRUA shall pay and Engineer agrees to accept the amount shown below as full compensation
for the Engineering Services performed and to be performed under this Contract.
The amount payable under this Contract, without modification of the Contract as provided
herein, is the sum of Four Hundred Twenty-Six Thousand Seven Hundred Seventy-Six and No/100
Dollars ($425,776.00) as shown in Exhibit D. The lump sum amount payable shall be revised equitably
only by written Supplemental Contract in the event of a change in Engineering Services as authorized by
BCRUA.
Engineer shall prepare and submit to BCRUA monthly progress reports in sufficient detail to
support the progress of the Engineering Services and to support invoices requesting monthly payment.
Any preferred format of BCRUA for such monthly progress reports shall be identified in Exhibit B.
Satisfactory progress of Engineering Services shall be an absolute condition of payment.
The fee herein referenced may be adjusted for additional Engineering Services requested and
performed only if approved by written Supplemental Contract.
ARTICLE S
METHOD OF PAYMENT
Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall
prepare and submit to BCRUA, not more frequently than once per month, a progress report as
referenced in Article 4 above. Such progress report shall state the percentage of completion of
Engineering Services accomplished during that billing period and to date. Simultaneous with submission
of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a
certified invoice in a form acceptable to BCRUA. This submittal shall also include a progress
assessment report in a form acceptable to BCRUA.
Progress payments shall be made in proportion to the percentage of completion of Engineering
Services identified in Exhibit D. Progress payments shall be made by BCRUA based upon Engineering
Services actually provided and performed. Upon timely receipt and approval of each statement, BCRUA
shall make a good faith effort to pay the amount which is due and payable within thirty (30) days.
BCRUA reserves the right to withhold payment pending verification of satisfactory Engineering
Services performed. Engineer has the responsibility to submit proof to BCRUA, adequate and sufficient
in its determination, that tasks were completed.
The certified statements shall show the total amount earned to the date of submission and shall
show the amount due and payable as of the date of the current statement. Final payment does not relieve
Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its
negligence.
3
I
ARTICLE 6
PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer
will be made within thirty (30) days of the day on which the performance of services was complete, or
within thirty (30) days of the day on which BCRUA receives a correct invoice for services, whichever is
later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law)
for payments not made in accordance with this prompt payment policy; however, this policy does not
apply in the event:
A. There is a bona fide dispute between BCRUA and Engineer concerning the supplies,
materials, or equipment delivered or the services performed that causes the payment to be
late; or
B. The terms of a federal contract, grant,regulation,or statute prevent BCRUA from making
a timely payment with federal fiinds; or
C. There is a bona fide dispute between Engineer and a subcontractor or between a
subcontractor and its supplier concerning supplies, materials, or equipment delivered or
the Engineering Services performed which causes the payment to be late; or
D. The invoice is not mailed to BCRUA in strict accordance with instructions, if any, on the
purchase order, or this Contract or other such contractual agreement.
BCRUA shall document to Engineer the issues related to disputed invoices within ten (10)
calendar days of receipt of such invoice. Any non-disputed invoices shall be considered correct and
payable per the terms of Chapter 2251, V.T.C.A.,Texas Govermnent Code,
ARTICLE 7
NOTICE TO PROCEED
The Engineer shall not proceed with any task listed on Exhibit B until the BCRUA has issued a
written Notice to Proceed regarding such task. The BCRUA shall not be responsible for work
performed or costs incurred by Engineer related to any task for which a Notice to Proceed has not been
issued.
ARTICLE 8
PROJECT TEAM
BCRUA's Designated Representative for purposes of this Contract is as follows:
Chris Lippe, P.E.
General Manager
221 East Main Street
Round Rock, TX 78664
Telephone Number(512) 844-7419
Email Address clippe@bcrua.org
4
i
I
BCRUA's Designated Representative shall be authorized to act on BCRUA's behalf with
respect to this Contract. BCRUA or BCRUA's Designated Representative shall render decisions in a
timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in
the orderly and sequential progress of Engineering Services.
Engineer's Designated Representative for purposes of this Contract is as follows:
Drew Hardin, P.E. i
Manager—Water/Civil Infrastructure
2705 Bee Cave Road, Suite 300
Austin,TX 78746
Telephone Number(512) 314-3100
Fax Number(512) 314-3135
Email Address Drew.liardin@jacobs.com
ARTICLE 9
PROGRESS EVALUATION
Engineer shall, from time to time during the progress of the Engineering Services, confer with
BCRUA at BCRUA's election. Engineer shall prepare and present such information as may be pertinent
and necessary, or as may be requested by BCRUA, in order for BCRUA to evaluate features of the
Engineering Services. At the request of BCRUA or Engineer, conferences shall be provided at
Engineer's office, the offices of BCRUA, or at other locations designated by BCRUA. When requested
by BCRUA, such conferences shall also include evaluation of the Engineering Services,
Should BCRUA determine that the progress in Engineering Services does not satisfy the Work
Schedule, then BCRUA shall review the Work Schedule with Engineer to determine corrective action
required.
Engineer shall promptly advise BCRUA in writing of events which have or may have a
significant impact upon the progress of the Engineering Services, including but not limited to the
following:
(1) Problems, delays, adverse conditions which may materially affect the ability to meet the
objectives of the Work Schedule, or preclude the attainment of project Engineering Services
units by established time periods; and such disclosure shall be accompanied by statement of
actions taken or contemplated, and BCRUA assistance needed to resolve the situation, if
any; and
(2) Favorable developments or events which enable meeting the Work Schedule goals sooner
than anticipated.
i
5
1
ARTICLE 10
SUSPENSION
Should BCRUA desire to suspend the Engineering Services, but not to terminate this Contract,
then such suspension may be effected by BCRUA giving Engineer thirty (30) calendar days' verbal
notification followed by written confirmation to that effect. Such thirty-day notice may be waived in
writing by agreement and signature of both parties. The Engineering Services may he reinstated and
resumed in frill force and effect within sixty (60) days of receipt of written notice from BCRUA to
resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and
signature of both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall
have the option of terminating this Contract.
If BCRUA suspends the Engineering Services, the contract period as determined in Article 3,
and the Work Schedule, shall be extended for a time period equal to the suspension period.
BCRUA assumes no liability for Engineering Services performed or costs incurred prior to the
date authorized by BCRUA for Engineer to begin Engineering Services, and/or during periods when
Engineering Services is suspended, and/or subsequent to the contract completion date.
ARTICLE 11
ADDITIONAL ENGINEERING SERVICES
If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is
beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify
BCRUA in writing. In the event BCRUA finds that such work does constitute extra work and exceeds
the maximum amount payable, BCRUA shall so advise Engineer and a written Supplemental Contract
will be executed between the parties as provided in Article 13. Engineer shall not perform any proposed
additional work nor incur any additional costs prior to the execution, by both parties, of a written
Supplemental Contract. BCRUA shall not be responsible for actions by Engineer nor for any costs
incurred by Engineer relating to additional work not directly associated with the performance of the
Engineering Services authorized in this Contract or any amendments thereto.
ARTICLE 12
CHANGES IN ENGINEERING SERVICES
If BCRUA deems it necessary to request changes to previously satisfactorily completed
Engineering Services or parts thereof which involve changes to the original Engineering Services or
character of Engineering Services under this Contract, then Engineer shall make such revisions as
requested and as directed by BCRUA. Such revisions shall be considered as additional Engineering
Services and paid for as specified under Article 11.
Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to i
correct errors appearing therein, when required to do so by BCRUA. No additional compensation shall
be due for such Engineering Services.
6
ARTICLE 13
SUPPLEMENTAL CONTRACTS
The terms of this Contract may be modified by written Supplemental Contract if BCRUA
determines that there has been a significant change in (1) the scope, complexity or character of the
Engineering Services, or(2) the duration of the Engineering Services. Any such Supplemental Contract
must be duly authorized by the BCRUA. Engineer shall not proceed until the Supplemental Contract
has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4.
It is understood and agreed by and between both parties that Engineer shall make no claim for
extra work done or materials furnished until the BCRUA authorizes full execution of the written
Supplemental Contract and authorization to proceed. BCRUA reserves the right to withhold payment
pending verification of satisfactory Engineering Services performed.
ARTICLE 14
OWNERSHIP OF DOCUMENTS
All data, basic sketches, charts, calculations, plans, specifications, and other documents created
or collected under the terms of this Contract are the exclusive property of BCRUA and shall be
fiunished to BCRUA upon request. All documents prepared by Engineer and all documents firrnished to
Engineer by BCRUA shall be delivered to BCRUA upon completion or termination of this Contract.
Engineer, at its own expense, may retain copies of such documents or any other data which it has
fin•nished BCRUA under this Contract.
ARTICLE 15
PERSONNEL,EQUIPMENT AND MATERIAL
Engineer shall furnish and maintain, at its own expense, quarters for the performance of all
Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering
Services as required. All employees of Engineer shall have such knowledge and experience as will
enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of
BCRUA, is incompetent or whose conduct becomes detrimental to the Engineering Services shall
immediately be removed from association with the project when so instructed by BCRUA. Engineer
certifies that it presently has adequate qualified personnel in its employment for performance of the
Engineering Services required under this Contract, or will obtain such personnel from sources other
than BCRUA. Engineer may not change the Project Manager without prior written consent of BCRUA.
ARTICLE lb
SUBCONTRACTING
Engineer shall not assign, subcontract or transfer any portion of the Engineering Services tinder
this Contract without prior written approval from BCRUA. All subcontracts shall include the provisions
required in this Contract and shall be approved as to form, in writing, by BCRUA prior to Engineering
Services being performed under the subcontract. No subcontract shall relieve Engineer of any
responsibilities under this Contract.
7
ARTICLE 17
EVALUATION OF ENGINEERING SERVICES
BCRUA, or any authorized representatives of it, shall have the right at all reasonable times to
review or otherwise evaluate the Engineering Services performed or being performed hereunder and the
premises on which it is being performed. If any review or evaluation is made on the premises of
Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all
reasonable facilities and assistance for the safety and convenience of BCRUA or other representatives
in the performance of their duties.
ARTICLE 18
SUBMISSION OF REPORTS
All applicable study reports shall be submitted in preliminary form for approval by BCRUA
before any final report is issued. BCRUA's comments on Engineer's preliminary reports shall be
addressed in any final report.
ARTICLE 19
VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT
Violation of contract terms or breach of contract by Engineer shall be grounds for termination of
this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation
of contract terms shall be paid by Engineer.
ARTICLE 20
TERMINATION
This Contract may be terminated as set forth below.
(1) By mutual agreement and consent, in writing, of both parties.
(2) By BCRUA, by notice in writing to Engineer, as a consequence of failure by Engineer
to perform the Engineering Services set forth herein in a satisfactory manner.
(3) By either party, upon the failure of the other party to fulfill its obligations as set forth
herein.
(4) By BCRUA, for reasons of its own and not subject to the mutual consent of Engineer,
upon not less than thirty (30)days' written notice to Engineer.
(5) By satisfactory completion of all Engineering Services and obligations described herein.
Should BCRUA terminate this Contract as herein provided, no fees other than fees due and
payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the
Engineering Services performed by Engineer prior to termination, BCRUA shall be the sole judge.
Compensation for Engineering Services at termination will be based on a percentage of the Engineering
8
i
Services completed at that time. Should BCRUA terminate this Contract tinder Subsection (4)
immediately above, then the amount charged during the thirty-day notice period shall not exceed the
amount charged during the preceding thirty(30) days.
If Engineer defaults in the performance of this Contract or if BCRUA terminates this Contract
for fault on the part of Engineer, then BCRUA shall give consideration to the actual costs incurred by
Engineer in performing the Engineering Services to the date of default, the amount of Engineering
Services required which was satisfactorily completed to date of default, the value of the Engineering
Services which are usable to BCRUA, the cost to BCRUA of employing another firm to complete the
Engineering Services required and the time required to do so,and other factors which affect the value to i
BCRUA of the Engineering Services performed at the time of default.
The termination of this Contract and payment of an amount in settlement as prescribed above
shall extinguish all rights, duties, and obligations of BCRUA and Engineer under this Contract, except
the obligations set forth herein in Article 21 entitled"Compliance with Laws." If the termination of this
Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then BCRUA may
take over the project and prosecute the Engineering Services to completion. In such case,Engineer shall
be liable to BCRUA for any additional and reasonable costs incurred by BCRUA.
Engineer shall be responsible for the settlement of all contractual and administrative issues
arising out of any procurements made by Engineer in support of the Engineering Services under this
Contract.
ARTICLE 21
COMPLIANCE WITH LAWS
(1) Compliance. Engineer shall comply with all applicable federal, state and local laws,
statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or
administrative bodies or tribunals in any manner affecting the performance of this Contract, including
without limitation, minimum/rnaximum salary and wage statutes and regulations, and licensing laws
and regulations. Engineer shall furnish BCRUA with satisfactory proof of his/her/its compliance.
Engineer shall further obtain all permits and licenses required in the performance of the
Engineering Services contracted for herein.
(2) Taxes. Engineer -will pay all taxes, if any, required by law arising by virtue of the
Engineering Services performed hereunder. BCRUA is qualified for exemption pursuant to the
provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act.
ARTICLE 22
INDEMNIFICATION
Engineer shall save and hold harmless BCRUA and its officers and employees from all claims
and liabilities due to activities of his/her/itself and his/her/its agents or employees, performed tinder this
Contract, which are caused by or which result from the negligent error, omission, or negligent act of
Engineer or of any person employed by Engineer or under Engineer's direction or control.
I
9 f
Engineer shall also save and hold BCRUA harmless from any and all expenses, including but
not limited to reasonable attorneys fees which may be incurred by BCRUA in litigation or otherwise
defending claims or liabilities which may be imposed on BCRUA as a result of such negligent activities
by Engineer, its agents, or employees.
ARTICLE 23
ENGINEER'S RESPONSIBILITIES
Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall
promptly make necessary revisions or corrections to its work product resulting from errors, omissions,
or negligent acts, and same shall be done without compensation. BCRUA shall determine Engineer's
responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be
relieved of responsibility for subsequent correction of any such errors or omissions in its work product,
or for clarification of any ambiguities until after the construction phase of the project has been
completed.
ARTICLE 24
ENGINEER'S SEAL
The responsible engineer shall sign, seal and date all appropriate engineering submissions to
BCRUA in accordance with the Texas Engineering Practice Act and the rules of the State Board of
Registration for Professional Engineers.
ARTICLE 25
NON-COLLUSION,FINANCIAL INTEREST PROHIBITED
(1) Non-eolIusion. Engineer warrants that lie/slie/it has not employed or retained any company
or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this
Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee,
Commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting
from the award or making of this Contract. For breach or violation of this warranty, BCRUA reserves
and shall have the right to annul this Contract without liability or, in its discretion and at its sole
election, to deduct from the contract price or compensation, or to otherwise recover, the frill amount of
such fee, commission,percentage, brokerage fee, gift or contingent fee.
(2) Financial Interest Prohibited. Engineer covenants and represents that Engineer,
his/her/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 for the construction of the project.
ARTICLE 26
INSURANCE
(1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire
term while this Contract is in effect professional liability insurance coverage in the minimum amount of i
One Million Dollars per claim from a company authorized to do insurance business in Texas and
10
otherwise acceptable to BCRUA. Engineer shall also notify BCRUA, within twenty-four (24) hours of
receipt, of any notices of expiration, cancellation, non-renewal, or material change in coverage it
receives from its insurer.
(2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain
during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum
insurance required in Article 26, Section (1) above, including the required provisions and additional
policy conditions as shown below in Article 26, Section(3).
Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order
to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance
for the duration of this Contract, and shall have the responsibility of enforcing these insurance
requirements among its subconsultants. BCRUA shall be entitled, upon request and without expense, to
receive copies of these certificates of insurance.
(3) Insurance Policy Endorsements. Each insurance policy shall include the following
conditions by endorsement to the policy:
(a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non-
renewal or reduction in limits by endorsement a notice thereof shall be given to BCRUA
by certified mail to:
BCRUA General Manager
221 East Main Street
Round Rock, TX 78664
(b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently
held by BCRUA, to any such fixture coverage, or to BCRUA's Self-Insured Retentions of
whatever nature.
(4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained
by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum
coverage in force to be filed with BCRUA. Such Certificates of Insurance are evidenced as Exhibit E
herein entitled "Certificates of Insurance."
ARTICLE 27
COPYRIGHTS
BCRUA shall have the royalty-free, nonexclusive and irrevocable right to reproduce,publish or
otherwise use, and to authorize others to use, any reports developed by Engineer for goveriunental
purposes.
11
{
G
ARTICLE 28
SUCCESSORS AND ASSIGNS
This Contract shall be binding upon and inure to the benefit of the parties hereto, their
successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any
interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the
prior written consent of BCRUA.
ARTICLE 29
SEVERABILITY
In the event any one or more of the provisions contained in this Contract shall for any reason be
held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or
unenforceability shall not affect any other provision thereof and this Contract shall be construed as if
such invalid, illegal or unenforceable provision had never been contained herein.
ARTICLE 30
PRIOR AGREEMENTS SUPERSEDED
This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior
understandings or written or oral contracts between the parties respecting the subject matter defined
herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto
in writing.
ARTICLE 31
ENGINEER'S ACCOUNTING RECORDS
Records pertaining to the project, and records of accounts between BCRUA and Engineer, shall
be kept on a generally recognized accounting basis and shall be available to BCRUA or its authorized
representatives at mutually convenient times. The BCRUA reserves the right to review all records it
deems relevant which are related to this Contract.
ARTICLE 32
NOTICES
All notices to either party by the other required under this Contract shall be personally delivered
or mailed to such party at the foIIowing respective addresses:
BCRUA:
Brushy Creek Regional Utility Authority
Attention: BCRUA General Manager
221 East Main Street
Round Rock,TX 73664
12
i
and to:
Stephan L. Sheets
BCRUA Attorney
309 East Main Street
Round Rock,TX 78664
Engineer:
Drew Hardin, P.E.
Manager—Water/Civil Infrastructure
2705 Bee Cave Road, Suite 300
Austin,TX 78746
ARTICLE 33
GENERAL PROVISIONS
(1) Time is of the Essence. Engineer understands and agrees that time is of the essence and
that any failure of Engineer to complete the Engineering Services for each phase of this Contract within
the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be frilly
responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with
the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage
is caused to.BCRUA due to Engineer's negligent failure to perform BCRUA may accordingly withhold,
to the extent of such damage, Engineer's payments hereunder without waiver of any of BCRUA's
additional legal rights or remedies.
(2) Force Majeure. Neither BCRUA nor Engineer shall be deemed in violation of this
Contract if prevented from performing any of their obligations hereunder by reasons for which they are
not responsible or 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.
(3) Enforcement and Venue, This Contract shall be enforceable in Round Rock, Williamson
County, 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 Contract shall be governed by and construed in accordance with the laws and court decisions of
the State of Texas.
(4) Standard of Performance, The standard of care for all professional engineering,
consulting and related services performed or furnished by Engineer and its employees under this
Contract will be the care and skill ordinarily used by members of Engineer's profession practicing
under the same or similar circumstances at the same time and in the same locality. Excepting Articles
25 and 34 herein, Engineer makes no warranties, express or implied, tinder this Contract or otherwise,
in connection with the Engineering Services.
i
13
I
(5) Opinion of Probable Cost, Any opinions of probable project cost or probable construction
cost provided by Engineer are made on the basis of information available to Engineer and on the basis
of Engineer's experience and qualifications and represents its judgment as an experienced and qualified
professional engineer. However, since Engineer has no control over the cost of labor, materials,
equipment or services furnished by others, or over the contractor(s ) methods of determining prices, or
over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or
actual project or construction cost will not vary from opinions of probable cost Engineer prepares.
(b) Opinions and Determinations. Where the terms of this Contract provide for action to be
based upon opinion,judgment, approval, review, or determination of either patty hereto, such terms are
not intended to be and shall never be construed as permitting such opinion,judgment, approval, review,
or determination to be arbitrary, capricious, or unreasonable.
ARTICLE 34
SIGNATORY WARRANTY
The undersigned signatory for Engineer hereby represents and warrants that the signatory is an
officer of the organization for which he/she has executed this Contract and that he/she has frill and
complete authority to enter into this Contract on behalf of the firm. The above-stated representations
and warranties are made for the purpose of inducing BCRUA to enter into this Contract.
IN WITNESS WHEREOF, the BCRUA of Round Rock has caused this Contract to be signed
in its corporate name by its duly authorized BCRUA Manager or Mayor, as has Engineer, signing by
and through its duly authorized representative(s), thereby binding the parties hereto, their successors,
assigns and representatives for the faithful and full performance of the terms and provisions hereof.
BRUSHY CREEK REGIONAL UTILITY AUTHORITY APPROVED AS TO FORM:
By:
George White,President Stephan L. Sheets, BCRUA Attorney I
ATTEST:
By:
Mitch Fuller,BCRUA Secretary
JACOBS ENGINEERING GROUP, INC.
By:
Signature of Principal
Printed Name:
14
LIST Or EXHIBITS ATTACHED
(1) Exhibit A BCRUA Services
(2)Exhibit B Engineering Services
(3)Exhibit C Work Schedule
(4)Exhibit D Fee Schedule
(5)Exhibit E Certificates of Insurance
15
i
i
EXHIBIT A
i
BCRUA Services
The Brushy Creek Regional Utility Authority (BCRUA)will furnish to the Engineer the following
items/information:
1. Designate a person to act as BCRUA's representative with respect to the services to be
performed or furnished by the Engineer. This representation will have authority to transmit
instructions, receive information, interpret and define BCRUA's policies and decisions with
respect to Engineer's services.
2. Provide all criteria and full information as to BCRUA's requirements for the project,
including objectives and constraints, space, capacity and performance requirements,
flexibility and expandability, and furnish copies of all design and construction standards
which BCRUA will require to be included in the Reports, Project Drawings and
Specifications.
3. Assist Engineer by placing all available information pertinent to the Project, including
previous reports and any other data relative to the design or construction of the Project at
the Engineer's disposal.
4. Furnish to Engineer, as requested for performance of basic services or as required by the
Contract Documents, the following:
a. Data prepared by or services of others, including without limitation explorations and
tests of subsurface conditions at or contiguous to the site, drawings of physical
conditions in or relating to existing surface of subsurface structures at or contiguous
to the site;
b. The services of an independent testing laboratory to perform all inspections, test and
approvals of samples, materials and equipment;
C. Environmental assessments, audits, investigations and impact statements, and other
relevant environmental or cultural studies as to the Project, the site and adjacent
areas;
d. Examine all alternate solutions, studies, reports, sketches, proposals and other
documents presented by Engineer;
e. Provide such accounting, bond and financial advisory, independent cost estimating
and insurance counseling services and such legal services as City may require or
Engineer may reasonably request with regard to legal issues pertaining to the
Project;
f. Give prompt notice to Engineer whenever City observes or otherwise becomes
aware of any development that affects the scope or time of performance or furnishing
of Engineer's services, or any defect or nonconformance in Engineer's services in
the work of any Contractor.
5. Payment of all permitting fees including, but not limited to, TCEQ, ROW Permitting,
Texas Historical Commission, USACE, Williamson County Habitat Conservation
Plan, and Williamson County.
EXHIBIT B
Engineering Services
GENERAL
The objective of this scope of work is to perform Professional Services related to development
of Planning Level Engineering Reports and an Environmental Assessment (EA) Supplement for
the Phase 2 Deep Water Intake and Pipeline according to TWDB Instructions for Preparation of
Environmental Assessments (ED-001 B). The EA document, prepared as a separate document,
will be submitted as a supplement to the Final Environmental Assessment submitted by CDM on
August 10, 2009. The primary elements of this analysis include:
A Coordination with TWDB, regulatory agencies, and stakeholders
Y Survey and Geotechnical Investigation at Site 4
• 3-D Renderings of Pump Station and intake at Site 4
e Finalizing Planning Level Engineering Report (Due Diligence)
6 Environmental Investigation
• Generation of supplemental EA document
It is assumed that the deep intake and pump station will be located at Site 4 and that both open-
cut and tunneled pipeline will be considered. Specific services included in this Scope of Work
are described herein:
SCOPE OF WORK
A. Project Management, Public, and Regulatory Agency Coordination
1. Permitting Agency Coordination. In accordance with TWDB Instructions for Preparation
of Environmental Assessments (ED-001 B), Supply the Addendum EA to the appropriate
agencies, accompanied by a request for their review and comment. Agencies may
include Texas Parks and Wildlife, U.S. Fish and Wildlife, Texas Historical Commission,
U.S. Army Corps of Engineers, and Texas Commission on Environmental Quality.
Copies of the review comments or permits from all agencies and resolution of issues
raised by those agencies will be incorporated into the Addendum EA document.
Coordination includes up to two (2) meetings with each entity and one draft submittal of
information. Includes only one trip to agencies outside of Austin.
2. TWDB Coordination. Attend up to five (5) meetings with TWDB to review draft EA and
discuss TWDB comments. It is assumed that only two iterations of review comments will
be provided by TWDB.
3. Stakeholder Coordination. Prepare and/or provide supporting information to BCRUA for
up to two (2) public presentations to public stakeholders and conduct up to five (5)
meetings with stakeholders including, but not limited to, Village of Volente, County
Commissioners, state officials, and/or lake organizations.
4. Internal BCRUA Coordination. Attend up to seven (7) meetings with DOC, city
managers, Board members, and/or the general manager. Prepare one (1) presentation
to BCRUA Board of Directors.
5. Project Administration and Control. Manage overall scope, schedule, and budget of
project and coordinate activities of sub-consultants. Coordinate with environmental and
real estate professionals and provide supporting information as required
1
B. Final Due Diligence (Planning Level Engineering)
1. Geotechnical Investigation. A geotechnical investigation will be performed to determine
the soil conditions on the Gross property in area of pump station and intake tunnel. This
investigation includes:
a. Perform two (2) borings drilled to a depth of about 200 feet each near pump station
and along proposed tunnel near the "cliff' close to the lake.
b. Perform a field visit to visually inspect the condition of normally submerged cliff face.
c. Geotechnical laboratory testing will be performed on samples of bedrock to obtain
characteristics such as strength and hardness as it applies to tunnel and shaft
excavation technologies. The geotechnical laboratory testing will be performed using
procedures that are consistent in quality with standard engineering practice.
Prior to submitting samples.to the laboratory for testing, Jacobs will submit a list of
the proposed laboratory tests for review and approval by (Client). The actual type
and quantity of laboratory tests will depend upon the material encountered and the
sampling method used. Laboratory tests and the standard to be used for testing may
include, but are not limited to, the tests listed below:
• Unconfined Compression —ASTM D2938
• Split Tensile Strength—ASTM D3967
• Mohs Hardness
• Packer Test
d. Prepare limited engineering report that includes boring location plan, general
subsurface conditions, boring logs, results of field packer test, recommendations for:
• Allowable bearing pressures and provisions to resist uplift
• Lateral earth pressures for below grade walls at pump station and tunnel shaft
• Groundwater management
• Excavation potential
• Earthwork for slab on ground
2. Survey
a. Topographic Survey. Survey a portion of the proposed referenced site from
elevation 700 to the toe of an existing cliff and from the northerly property line of the
Gary Gross tract to the proposed southerly line of the pump station site; this area is
approximately 4 acres. Shots will be taken at an interval sufficient to produce V (one)
foot contours. The trees will be located and identified in accordance with the current
City of Volente Beach protected tree ordinance or the City of Austin.
b. Land &Title Survey. Prepare a plat and or map of the boundary of Site 4 on the
Gary Gross and LCRA tracts. Address encumbrances listed in Schedule B of a
current Title Commitment; provide a metes and bounds description, and monument
the corners of both sites (if not under water).
3. 3-D Renderings.
a. Conduct one workshop with the DOC to collaboratively develop three pump station
architectural concepts.
b. Using the materials generated in the workshop, prepare 2-D renderings of the three
architectural concepts. Two elevations (front and side) will be prepared for each
concept.
c. Present 2-D renderings to DOC for review and comment and select one concept for
the development of a 3-D rendering. Modify the selected architectural concept as
required based on comments received from the DOC.
2
i
d. Prepare 2-D renderings of the two remaining elevations of the pump station building
for the development of the 3-D rendering. Generate 2-D renderings of the inlet
header assembly assuming a lake level of approximately 630 ft-msl.
e. Develop a draft 3-D rendering of a pump station at Site 4 and the inlet header
assembly based on the 2-D concepts. The draft 3-D renderings will be produced
from up to two or three vantage points selected by the DOC and will not include
specific site context elements. Conduct a meeting to review the renderings with the
DOC.
f. Obtain aerial oblique photographs of the pump station site by helicopter. Finalize the
3-D renderings complete with site context and submit digital rendering files to the
DOC.
i
4. Finalize Due Diligence Report. Incorporate final recommendations, survey
information, and geotechnical findings into the Final Due Diligence Report. This report
along with the Site Selection Study will be provided to TWDB as the Planning Level
Engineering Studies. Provide a total of up to fifteen (15) copies and .pdf file to BCRUA
and TWDB.
C. Environmental Assessment(EA) —Supplemental Document.
1. Section 1 -- General Information.
Update general information to include documentation related to the deep intake sites
and pipeline. Includes the following:
a. Updated BCRUA Population and Water Demand Projections [Section 1.3]
b. Site location map and BCRUA Regional Water System Expansion Costs [Section
1.4].
2. Section 2— Description of Natural & Social Environment
Update description for natural and social environment information to include
documentation related to the deep water intake and pipeline as follows:
a. Soil/geology maps showing accurate locations of intake and pipeline
b. Geological, Hydro geological and Soil elements [Section 2.1]. Includes following:
• Assess existing boring and well information (locations and depths; water levels)
from various data sources [standard well search (TCEQ), TWDB, and other
geologic/hydrologic reports for study area.
• Assess spring data from various sources (TWDB, USGS, City of Austin, and
Brune report)
• Define approximate water table in the vicinity of the transmission corridor.
• Characterization of hydrogeology along and in the vicinity of the transmission
corridor
• Provide opinion of whether pump station, intake, tunneling and/or trenching
could impact groundwater conditions. Provide text discussion.
c. Client Current Water Supply Source (Table 2-2) to include Leander water rights that
are currently in application process [Section 2.2]
d. Floodplain and wetland issues [Section 2.3].
e. Risk management plan as it relates to proposed chemicals proposed at deep intake
[Section 2.4.3].
f. Critical/Sensitive habitats (Section 2.5.2.3) and previous mitigation for endangered
Species (2.5.2.4).
g. Historical & archeological resources [Section 2.5]. Includes desktop analysis to
identify existing data and determine areas that require THC on-ground surreys.
3
I
Assume letter will be submitted to THC making case that area has been previously
disturbed and does not required field investigation.
h. Land use information including additional flood plain maps [Section 2.8] C
i. Site survey information to include recent studies and environmental evaluations
completed since EA was submitted [Section 2.9]. Includes update to Phase 1 ESA
conducted on Site 4.
3. Section 3— Description of Alternatives
Include the alternatives analysis conducted during Due Diligence and Site Selection
Studies for recommendation on preferred deep intake sites and discuss methodology on
how preferred site was narrowed down to final, selected site.
4. Section 4- Description and Evaluation of Impacts of the Proposed Project
Evaluate the potential direct, indirect, and secondary impacts of the proposed project
and explain mitigation measures to avoid and/or reduce adverse impacts. Specific
impacts to be evaluated include:
a. Land Acquisition Impacts and Mitigation
b. US Army Corps of Engineers Permit Requirements. This task includes preparation
and submittal of a preconstruction notification for USAGE Regional Permit 2 for Utility
Lines and Intake and Outfall Structures. The submittal will address the proposed
impacts from the project and will request authorization for potential impacts to waters
of the U.S. that would result from the preferred deep water intake site and pipeline
alignment. The submittal will include, but is not limited to: project setting, impact
activities, purpose and need, alternatives analysis, cultural resources survey results,
endangered species assessment, maps and diagrams, and avoidance, minimization,
and mitigation procedures. Field efforts are complete for the deep water intake sites.
Based on the construction techniques for the preferred pipeline alignment, field
investigations along the alignment may be warranted and would require additional
funding. This task does not include Section 7 consultation with USFWS for any
impacts to endangered species or consultation with the Texas Historical
Commission.
c. Blasting & Control Measures
d. Traffic Control Measures— Impacts & Mitigation. Includes evaluation of potential
traffic impacts based construction traffic patterns along two primary routes: Route 1
— Lime Creek Road (north west)to RM 1431 and Route 2— FM 2769 (east/north
east). Includes evaluation of existing TXDOT traffic count data on FM 2769,
installation of traffic monitoring station on Lime Creek Road for period of two days,
and calculation of truck trips from construction of pump station, intake, and tunnel.
e. Land Use Impacts and Mitigation.
f. Social and economic Impacts. Evaluate the social and economic impacts directly
resulting from construction of the proposed project and associated methods of
mitigation for identified impacts. This includes impact to lake access, recreation,
employment, and other social or economic issues.
g. Secondary Impacts and Mitigation. Includes documentation of the following:
i. Future Land Use Impacts
ii. Land Use and Economic Viability Impacts
5. Section 5— Project Beneficiaries and Non-beneficiaries and Public Acceptability
Provide additional documentation related to project beneficiaries, non-beneficiaries and
public acceptability specifically associated with the deep water intake and pipeline.
4
,
ii
I
6. Section 6—Agency Coordination and Public Participation
Provide additional documentation related to agency coordination and public participation
efforts conducted for the deep water intake and pipeline since February 2009 (as
provided in the Final EA submitted in 2009).
7. Section 7—Potentially Adverse Project Impacts
Provide additional documentation related to potential impacts and mitigation measures if
the deep water intake and pipeline project is implemented.
8. Section 8 - Future Environment Without the Project
Modify existing verbiage in existing EA to include brief write-up related to impacts of
future without the project.
9. Miscellaneous Updates
The following supplemental information will be provided in the EA appendices related
specifically to the deep water intake and pipeline:
a. FEMA maps
b. Overall Project Layout Exhibits
c. Agency Correspondence
d. Update to Phase 1 EA performed for Site 4.
10. EA Report Assembly
Assemble up to fifteen (15) copies and .pdf file of draft and final EA documents and
submit to TWDB and BCRUA.
ADDITIONAL SERVICES
The following Additional Services are NOT included in the Scope of Work and will not be
performed unless specifically authorized by the Owner:
1. Dynamic Fly-over Rendering. Develop a dynamic animated movie of the 3D model
based on a fly over path established by the DOC. The animation will be virtual where
the surrounding site is modeled from the pump station building to the lake and inlet
pipeline. The virtual representation will simulate the project site but will not be video
matched to the photographs shot from the helicopter. The animation will not exceed one
minute in length. The final deliverable will be an animated movie file in one or more
various digital movie formats suitable for playing on standard electronic devices (e.g.,
computers, DVD players, internet).
CLARIFICATIONS AND EXCLUSIONS
The following services are NOT included in this scope of work:
1. Boundary survey of proposed site for purchase.
2. Property value impact study to determine potential impact to land value.
3. Land acquisition services including right-of-entry, easements, land appraisal, and/or fee
simple purchase.
4. Obtaining actual permits from regulatory agencies and/or local jurisdictions.
5. Additional engineering including new site layout, new pump station design concepts,
and/or evaluation of additional pump station sites. It is assumed that existing material,
layouts, and site plans generated in the Due Diligence and Site Selection study will be
utilized to updated EA document.
I
5
6. Field investigation for biological evaluation, karst survey, and/or historical and cultural
evaluation including significant shovel and/or any type backhoe testing. Assume only
desktop analysis will be performed for EA and that letter will be generated to THC
documenting that area in question has been previously disturbed.
7. Detailed hydro geological study and/or groundwater testing to determine impacts to
individual wells. Assume desktop analysis will be performed to identify general aquifers
in project area and characteristics thereof,
8. EA and/or Planning Level Engineering for Phase 2 of Water Treatment Plant.
6
Exhlbit C-Work Schedule
BCRUA Phase 2 Deep Water Intake
Engineering&Environmental Services
ID I Task Name I Duration Start Finish I JnnuaI Februa I March I
April i May June
7i 7111/81115112211/292/5(212'7-�1912/26�3/4_ 1113[1813/2514/1-I4/II.14/154/2214/29)5(6�5/13�5!20!5/2716/3.:6/1016/17;6/241
1 Phase 2-EA&Planning Level Engineering for TWDB App 323 days? Thu 1/19/12 Mon 4/15/13
2
3 Environmental-Assessment(EA)Update 77 days Thu 1!19/12 Fri 5/4112
4 NTP -- —-- - 0 days Thu 1/19/12 Thu 1/19/12
5 Prepare Draft EA(Assume NTP before Board App) 3 mons Thu 1/19/12 Wed 4/11/121
I
e 66RUA review 7 days Thu 4/12/12 Fri 4/20/12
Fnal Draft Report 10 days Mon 4/23/12 Fri 5/4/12
8 Submit to TW DS for Review 0 days Fri 5/4/12 Fri 5/4/12
9. Engineering Report(Due Diligence) 77 days Thu 1/19/12 Fri 5/4!12 c - - - -' - --- - --- ,
10 Right-of Entry 5 days- Thu 1/19/12--Wed 1/25112 f
n — -
Geotech 30 ed
ays Wed 1/25/12 Fri 2/24112
12 -Topo Survey 30.eel a-ys—Wed 1/,2--5-/-1-2-
/.2_5/-1 2_...__..--Fri
` i i
2/24/12
13 Draft Report 40 days Mon 2113/12 Fri 4/6!12 r..,
14 BCRUA Review 7 days Mon 4/9/12 Tue 4/17/12
15 Final Report to TWDB for Review 13 days Wed 4/18/12 Fri 5/4/12
16 Submit EA&Engineering Report to TWDB 0 days Fri 5/4/12 Fri 5/4/12
17 TWDB Reaffirmation of Ph 2 Funding 36 days Fri 5/4/12 Mon 6/25/12 *• - .-
18 Staff
Review% Approval 40 edays Fri 5/4/12 Wed 6/13/12
19 TWD6 Reaffirmation by Board 1 day Thu 6/21/12 Thu 6/21!12
20 TWDB Funds Available
0 days Mon 6/25/12 Mon 6/25/12 O
21 - -----
I
22 Real Estate Acquisition(Site 4 Purchase) 246 da s. Mon 5/7/12 Mon 4/15/13
I
Task
Summary -� Rolled Up Progress CO Group By Summary
Project:BCRUA Phase 2-Schedule fo Critical Task Rolled Up Task Split Deadline
Date:Thu 1/12/12 Progress _ Rolled Up Critical Task ::. External Tasks
Milestone Q Rolled Up Milestone O Project Summary V---�`
Page 1
EXHIBIT
FEESOHEOULE
DATE: January 13, 2012
SUBJECT: BCRUA Board Meeting—January 18, 2012
ITEM: 6A. Consider a resolution authorizing the President to execute an Agreement
with Jacobs Engineering Group Inc. for Phase 2 - Due Diligence Analysis and
Environmental Assessment for the BCRUA Deep Water Intake Facility in the
amount of$426,776.00.
Presenter: Chris Lippe, P.E.
General Manager
Justification:
The objective of this agreement with Jacobs Engineering is to develop Planning Level Engineering
Reports and an Environmental Assessment(EA)Supplement forthe Phase 2 Deep Water Intake and
Pipeline. The primary elements of this study include:
- Finalizing Planning Level Engineering Report (Due Diligence);
- Environmental Investigation and Preparation of EA document
- Survey, Geotechnical Investigation and facility renderings; and
- Coordination with TWDB and regulatory agencies.
Funding:
The amount of this contract is$426,776. Funding for this contract is available from TWDB bond funds
(administrative approval of our funding request is expected by the date of this board meeting). Based
on capacity,the allocation of the Deep Water Intake system is 27.45%for Cedar Park($117,150),43.76%
for Leander($186,757), and 28.79%for Round Rock($122,868).
BRUSHY CREEK REGIONAL UTILITY AUTHORITY, INC.
BOARD OF DIRECTORS MEETING—APPROVED MINUTES
WEDNESDAY,JANUARY 18,2012 AT 5:00 P.M.
CEDAR PARK PUBLIC LIBRARY
550 DISCOVERY BLVD., CEDAR PARK,TX 78613
1. CALL BOARD MEETING TO ORDER—5:10 p.m.
2. ROLL CALL
Present:Vice-President Fielder&Secretary Fuller
Absent: President White, Director Moore, Director Whitfield,and Director Cantwell
3. CITIZEN COMMUNICATION
No one spoke during citizen communication.
4. APPROVAL OF MINUTES:
4A. Consider approval of the BCRUA meeting minutes for December 14,2011.
MOTION: Secretary Fuller moved to approve the minutes. Vice-President Fielder seconded the motion.
ACTION: Ayes: Vice-President Fielder
Secretary Fuller
VOTE: Approved by unanimous vote
5. PRESENTATIONS:
5A. Consider a presentation regarding the BCRUA Investment Quarterly Report for October 2011 through
December 2011,and action approving the same.
Howard Herring with Patterson & Associates, Inc. reviewed the first quarter of the fiscal year including a
brief overall global update, a review of short-term and long-term rates and also reviewed the details of the
various funds for the BCRUA portfolio.
MOTION: Secretary Fuller moved to approve the report. Vice-President Fielder seconded the motion.
ACTION: Ayes: Vice-President Fielder
Secretary Fuller
VOTE: Approved by unanimous vote
5B. Consider a presentation regarding the BCRUA project(s)status report.
Michael Thuss, Program Manager, gave the monthly update on the various projects. He summarized the
amount of change orders for the total project which may add up to less than $1 million with $3 million in
contingency and an estimated savings of$40 million. He reported that March 315`is the potential date for
substantial completion of the plant.
Brushy Creek Regional Utility Authority, Inc.
January 18, 2012—Approved Minutes
Page 2 of 2
6. RESOLUTIONS:
6A. Consider a resolution authorizing the President to execute an Agreement with Jacobs Engineering
Group Inc.for Phase 2- Due Diligence Analysis and Environmental Assessment for the BCRUA Deep Water
Intake Facility.
Chris Lippe, General Manager, explained the focus of this agreement is the engineering and environmental
assessment study. The contract amount is $426,776.00. He continued with the explanation of the details
for the Reasonable Expectation Memo created by Texas Water Development Board (TWDB) and the
coordination for the release of the Phase II funds. Drew Hardin with Jacobs reviewed the deliverables of this
contract including a more detailed Traffic Impact Study, hiring of a hydrogeologist, additional surveys,
geotechnical investigation of the site, renderings of the project, stakeholder coordination and
communication, and an Environmental Assessment as a requirement from TWDB. BCRUA will be requesting
TWDB for a reaffirmation of the bond funds for Phase II funding. The current commitment from TWDB
expires at the end of 2014.
MOTION: Secretary Fuller moved to approve the resolution in an amount not to exceed $426,776.00.
Vice-President Fielder seconded the motion.
ACTION: Ayes: Vice-President Fielder
Secretary Fuller
VOTE: Approved by unanimous vote
7. EXECUTIVE SESSION:
7A. Consider an Executive Session as authorized by §551.071 and §551.072 of the Government Code to
consult with the attorneys representing the BCRUA regarding pending litigation;to wit,Cause No.C-1-CV-
08-009177:The City of Cedar Park,Texas v. Robert Ziemann and wife, Linda Ziemann.
Board members adjourned to executive session at 5:48 p.m. and the board meeting reconvened at 5:57 p.m.
8. ACTION RELATIVE TO EXECUTIVE SESSION
8A. Consider action regarding the Ziemann condemnation case.
MOTION: Secretary Fuller moved to decline the most recent settlement proposal. Vice-President Fielder
seconded the motion.
ACTION: Ayes: Vice-President Fielder
Secretary Fuller
VOTE: Approved by unanimous vote
9. DIRECTOR CLOSING COMMENTS REGARDING ITEMS OF COMMUNITY INTEREST
Vice-President expressed his appreciation of the work and support of the three cities.
10. ADJOURNMENT
Meeting adjourned at 6:14 p.m.
Minutes respectfully submitted by Monique Adams