Contract - Brazos River Authority - 11/13/2014 AGREEMENT TO SHARE COSTS
This Agreement to Share Costs ("Agreement") is made and entered into pursuant to
Section 49.213 of the Texas Water Code and Section 552.001 of the Texas Local
Government Code, on this the i'&1"--day of 1\16/.6f01 .--* , 2014 (the "Effective
Date') by and between the Brazos River Authority ("BRA"), a river authority of the State
of Texas, and the City of Round Rock ("Round Rock"), a Texas home rule city
(collectively the "Parties").
Recitals
WHEREAS, Round Rock has water under contract with the BRA made available
pursuant to §8503.029 of the Texas Special District Local Laws Code, which water is
physically located in Lake Travis, Colorado River basin; and
WHEREAS, the BRA has contracted for such water and pays all cost associated with
such water to the Lower Colorado River Authority and
WHEREAS, Round Rock has expressed interest in working with the BRA to evaluate
the options for meeting the 'No Net Loss' terms associated with §8503.029(a)(3)(B), and
previously entered into agreements with BRA to conduct a study of such terms
("Study"); and
WHEREAS, Phases I and II of the Study are complete and Round Rock and the BRA
have agreed to proceed with Phase Ill of the Study; and
WHEREAS, both Parties have agreed to equally share in the Phase III Study costs.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the
Parties agree as follows:
Section I. Agreement
1.1 BRA shall hire K. Friese and Associates to complete the scope of work for Phase
Ill of the Study set forth in Exhibit "A", attached hereto and incorporated by reference
herein for all purposes, at a cost not to exceed $92,925.00.
1.2 BRA will work with Round Rock to ensure that the work identified in Exhibit "A" is
completed in a timely fashion.
1.3 Round Rock agrees to pay to the BRA, upon receipt of an appropriate invoice,
the sum of money which represents 50 percent of the costs associated with the work to
be performed as described in Section 1.1, above.
L:\Contracts\Interlocal Agreements\Round Rock\Agreement to Share Costs-09.25.2014.doc 1 of 5
2(71'4' l9S1
Section II. Miscellaneous
2.1 Entire Agreement. The terms and provisions of this Agreement contain the
entire agreement between BRA and Round Rock with respect to the matters addressed
above.
2.2 Severability. The provisions of this Agreement are severable, and if for any
reason any one or more of the provisions contained in this Agreement shall be deemed
to be invalid, illegal, or unenforceable in any respect, the invalidity, illegality, or
unenforceability shall not affect any other provisions of this Agreement and this
Agreement shall remain in effect and be construed as if the invalid, illegal, or
unenforceable provision had never been contained in the Agreement.
2.3 Amendments. No modification, addition, deletion, revision, or other change to
this Agreement shall be effective unless such change is reduced to writing and
executed by both BRA and Round Rock.
2.4 Assignability. This Agreement shall bind the Parties and their legal successors,
but shall otherwise not be assignable by the Parties without prior written consent of the
other Party, which consent shall not be unreasonably withheld. All of the respective
obligations of each of the Parties shall bind that Party and shall apply to and bind any
successors or assigns of that Party.
2.5 Governing Law. This Agreement shall be governed by the Constitution and
laws of the State of Texas, except as to matters exclusively controlled by the
Constitution and Statutes of the United States of America.
2.6 Venue. Venue for any action arising hereunder shall be in Williamson County,
Texas.
2.7 Third Party Beneficiaries. Except as expressly provided herein, nothing in this
Agreement, express or implied, is intended to confer upon any person, other than the
Parties, any rights, benefits, or remedies under or by reason of this Agreement.
2.8 Relationship of Parties. This Agreement is based upon the active participation
of the Parties. Neither the execution nor the delivery of this Agreement shall create or
constitute a partnership, joint venture, or any other form of business organization or
arrangement between the Parties, except for the contractual arrangements specifically
set forth in this Agreement. Except as is expressly agreed to in writing in this
Agreement, no Party (or any of its agents, officers, or employees) has any power to
assume or create any obligation on behalf of the other Party.
2.9 Notices. All notices, communications, invoices, bills, and reports required under
the Agreement shall be personally delivered or mailed to the respective parties by
certified mail, return receipt requested at the addresses shown below, unless and until
either party is otherwise notified in writing by the other party of a change in address.
L:\Contracts\Interlocal Agreements\Round Rock\Agreement to Share Costs-09.25.2014.doc 2 of 5
Mailed notices shall be deemed communicated as of five (5) days after mailing regular
mail.
If intended for BRA, to: If intended for Round Rock, to:
P.O. Box 7555 City Manager
4600 Cobbs Drive 221 E. Main Street
Waco, Texas 76714 Round Rock, Texas 78664
2.10 Term. This Agreement shall commence on the Effective Date and continue until
the completion of the work described in Exhibit "A".
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed,
intending to be bound thereby.
BRAZOS RI ER AUTHORITY CITY OF RO D ROCK
By: t � By:
PHILLIP FORD ALAN MCGRAW, MAYOR
Title: GENER L MANAGER/CEO
r4)2II �
Date: f Date: 6 . ( -3,
L:\Contracts\Interlocal Agreements\Round Rock\Agreement to Share Costs-09.25.2014.doc 3 of 5
Exhibit A
Scope of Work
Section I. Phase 3a Scope of Services. The following outlines the Scope of
Services for Phase 3a of the HB 1437/No Net Loss Project. ENGINEER shall develop a
project feasibility study to determine the preferred Long Term Strategy - Brushy Creek
Wastewater System Effluent.
1.1 ENGINEER shall investigate the feasibility for two Long Term Strategy options
for the point of return flow: (1) discharge transferred directly from the Brushy Creek
Regional Wastewater Treatment Plant ("BCRWWTP") to Wilbarger Creek, and (2)
discharge transferred via bed and banks of Brushy Creek to an intake downstream and
subsequently to Cottonwood Creek. This Task includes two meetings with the TCEQ
and four meetings with BCRWW system entities.
i. ENGINEER shall evaluate the origin and quantity of water available for
transfer from the BCRWWTP for participating entities: City of Austin, Brushy
Creek MUD, Fern Bluff MUD, City of Leander, City of Cedar Park, and City of
Round Rock. ENGINEER shall coordinate with Brazos River Authority (BRA) to
determine the amount of Brazos Basin water available for transfer out of the
basin. The evaluation of yield will consider losses from the source, the East
BCRWWTP, to the delivery point of return, the discharge point to Wilbarger
Creek and Cottonwood Creek. ENGINEER shall coordinate with each of the
BCRWWTP entities to discuss their interest of contracting with the BRA or
participating in the project as a partner and to evaluate the potential contracting
terms and conditions such as amounts, durations and rates;
ii. ENGINEER shall investigate and document local, State, and Federal
permitting requirements. The ENGINEER shall investigate the applicability and
impacts of the potential inter-basin transfer, bed and banks, discharge and water
quality permits with the TCEQ;
iii. ENGINEER shall investigate and document the environmental issues
including evaluation of impacts to environmental flows, impacts to the
Cottonwood Ephemeral Mitigation Bank, impacts to endangered or protected
species habitat and a review to identify regulatory issues. This task includes
coordination with BRA staff for evaluation of the option as related to the BRA
system operations environmental flow requirements. The scope does not include
modeling by the ENGINEER ;
iv. ENGINEER shall perform a hydraulic analysis of Wilbarger and
Cottonwood Creeks to evaluate the channel capacity to receive the proposed
L:\Contracts\Interlocal Agreements\Round Rock\Agreement to Share Costs-09.25.2014.doc 4 of 5
transfer flow. The ENGINEER shall prepare hydraulic models of the channel
reaches immediately downstream of the discharge locations using the base map
data and HEC-RAS. This task shall include a preliminary review of the channel
stability following guidance of HEC-20. This task does not include sediment
transport modeling; and
v. ENGINEER shall prepare a comparison of the financial, political and
technical risks as part of the feasibility evaluation and develop a recommendation
for which option to develop a conceptual level design and cost.
1.2 ENGINEER shall prepare a Draft Feasibility Summary Report and meet with the
BRA and customers to review the feasibility summary and select an option to develop
into a conceptual level design. ENGINEER shall prepare a Final Feasibility Summary
Report incorporating all comments. This task includes three meetings.
1.3 ENGINEER shall conduct independent quality assurance and quality control.
1.4 ENGINEER shall prepare a Scope of Services for Phase 3b with the Final
Feasibility Summary Report. Phase 3b will consist of the conceptual design and is
anticipated to include preliminary pipeline corridors, intake/pump station locations, and
discharge points, Class 4 cost estimate (+30%/-60%). The detailed scope will be
outlined based on the preferred Brushy Creek Wastewater System Effluent strategy
identified in the Feasibility Summary Report.
L:\Contracts\Interlocal Agreements\Round Rock\Agreement to Share Costs-09.25.2014.doc 5 of 5