R-83-561 - 11/22/1983t
I
BRAZOS RIVER AUTHORITY
Honorable Larry L. Tonn, Mayor
City of Round Rock
214 East Main Street
Round Rock, Texas 78664
4400 COBBS DRIVE P. O. BOX 7558 TELEPHONE AREA CODE 817 776.1441
Dear Mayor Tonn:
On the behalf of your City, you have ioined with other entities
in Lampasas, Bell and Williamson Counties to determine through
an engineering study the feasibility and cost of constructing
a Regional Treatment and Transmission System (RTTS) to provide
treated water from Stillhouse Hollow Reservoir. The availabil-
ity of raw water for this purpose is contingent on the develop-
ment of a new raw water supply reservoir in the Brazos Basin to
replace existing downstream contractual commitments for water
presently met by releases from Stillhouse Hollow Reservoir. A
potential project, known as the Goodwill Reservoir Project, which
could provide the new raw water supply to offset the downstream
commitments of Stillhouse Hollow Reservoir, has been identified
and through preliminary engineering studies the unit cost of raw
water from this new source has been estimated. The objective of
the RTTS Feasibility Study is to provide an estimate of the cost
for treating the raw water freed -up in Stillhouse Hollow Reservoir
and transmitting the treated water to the distribution point or
points of each participating entity on a unit basis. Each partic-
ipant can then decide, based on the unit costs for raw water from
the Goodwill Reservoir and the unit cost for treatment and trans-
mission of water from Stillhouse Hollow Reservoir, whether or not
it wishes to continue participation in the Goodwill Reservoir
Project.
The following alphabetically listed entities, "Participating
Entities ", have formally requested participation in the RTTS
Feasibility Study: City of Cedar Park, Chisholm Trail WSC, City
of Georgetown, High Gabriel WSC, Jonah WSC,Kempner WSC, City of
Lampasas, City of Leander, City of Round Rock, Salado WSC and
SCB Corporation. In response to these requests the Board of
Directors of the Brazos River Authority authorized this letter
agreement at its quarterly meeting on July 18, 1983.
The Brazos River Authority has received from the engineering firm
of Henningson, Durham and Richardson (HDR) of Austin, Texas a
WACO. TEXAS •76710
October 25, 1983
w/
i '
Page 2
proposal and cost estimate, provided as Enclosure 1, for perform-
ing the engineering services required to conduct the RTTS Feasi-
bility Study. The estimated cost of these services is $64,525.00.
This total cost will be prorated between the Participating
Entities on the basis of the amount of water supply requested by
each participant from the Goodwill Project plus the amount of a
commitment already held by Salado Water Supply Corporation for
0.71 million gallons per day (mgd) of raw water from Stillhouse
Hollow Reservoir.. Salado WSC has requested participation in the
RTTS Feasibility Study as a potential means of obtaining its
0.71 mgd from Stilihouse Hollow but will not at this time be con-
sidered as a participating entity in the Goodwill Reservoir
Project, and any water freed -up in Stillhouse Hollow Reservoir as .
a result of the future construction of the Goodwill Project will
not be allocated to Salado WSC ahead of the original participating
entities.
The attached table, Enclosure 2, "Goodwill Reservoir Project Par-
ticipation and Pro -rata Cost for Stilihouse Hollow Treatment and
Transmission Feasibility Study" shows projected raw water needs,
percent participation in Goodwill Reservoir Project, quantity of
water presently available for treatment from Stilihouse Hollow
Reservoir, percent participation in RTTS Feasibility Study and
allocated RTTS Feasibility Study cost for each Participating Entity.
This table has been revised and contains different figures than
were shown at the briefing held in the Authority's offices on the
night of October 20, 1983 and contained in the DRAFT table distrib-
uted at the briefing. The Projected Raw Water Needs for the City
of Lampasas was reduced from 6.0 mgd to 3.3 mgd, and for Kempner
WSC from 6.6 mgd to 4.0 mgd. These adjustments resulted in minor
changes throughout the remainder of the table.
It is understood that the entities involved in the RTTS Feasibility
Study will advance their prorated share of the study cost and if,
and only if, a project is constructed as a result of these studies,
the monies advanced by it for the Feasibility Study can be repaid
to each entity participating in the project's implementation from
the proceeds of the bonds issued for that purpose. The total cost
for performing the RTTS Feasibility Study will not exceed $64,525.00
without further written authorization from the Participating Entities.
At the conclusion of the study, the results will be reported to the
Participating Entities, and a joint meeting will be held to deter-
mine those entities wishing to continue with the project.
This letter will serve as a Letter Agreement between your governing
body and the Brazos River Authority for the Authority to initiate
and perform the RTTS Feasibility Study, as provided in the HDR
Proposal at Enclosure 1, at the prorated cost shown for each
Participating Entity in Enclosure 2, provided all entities execute
this Agreement and advance their prorated share of the study costs.
In the event one or more of the entities should fail to execute
this Agreement or to deliver payment for their prorated cost,
•
this Letter Agreement shall be cancelled and be of no further
force or effect. If this Agreement is cancelled those entities
which have established their participation in the project by sub-
mitting an executed Letter Agreement and providing advance payment
of their prorated cost will be given the option of either acquiring,
on a prorated basis, the additional project share available or re-
maining in the project at their original allocation provided another
entity or entities acquire their allocated amount. In the event
that neither of-the options described above is acceptable, then
the advanced payment made in accordance with the cancelled Letter
Agreement will be returned.
If the proposals set forth in this letter for accomplishing the RTTS
Feasibility Study meet with the approval of your City Council,
please so indicate by signing in the appropriate space below and
returning one copy of this Letter Agreement together with a certi-
fied copy of the resolution of the proper governing body authoriz-
ing its acceptance to the Authority not later than November 18, 1983.
Your check, in the amount indicated in the referenced table and made
payable to the Brazos River Authority, should also be included.
ST:
Asst. Sec -tary
ted this theilire2Cday of
O k Gas— , 1983.
ATTEST:
Dated this the day of
, 1983.
Yours very truly,
BRAZOS RIVER AUTHORITY
By 'C
Carson H. Hoge,
General Manager
ACCEPTED:
By
Page 3
Dear Mayor Tonn:
BRAZOS RIVER AUTHORITY
Honorable Larry L. Tonn, Mayor
City of Round Rock
214 East Main Street
Round Rock, Texas 78664
4400 COBBS DR /VE P. 0. BOX 7555 TELEPHONE AREA CODE 817 776.1441
WACO. TEXAS•76710
October 25, 1983
On the behalf of your City, you have joined with other entities
in Lampasas, Bell and Williamson Counties to determine through
an engineering study the feasibility and cost of constructing
a Regional Treatment and Transmission System (RTTS) to provide
treated water from Stillhouse Hollow Reservoir. The availabil-
ity of raw water for this purpose is contingent on the develop-
ment of a new raw water supply reservoir in the Brazos Basin to
replace existing downstream contractual commitments for water
presently met by releases from Stillhouse Hollow Reservoir. A
potential project, known as the Goodwill Reservoir Project, which
could provide the new raw water supply to offset the downstream
commitments of Stillhouse Hollow Reservoir, has been identified
and through preliminary engineering studies the unit cost of raw
water from this new source has been estimated. The objective of
the RTTS Feasibility Study is to provide an estimate of the cost
for treating the raw water freed -up in Stillhouse Hollow Reservoir
and transmitting the treated water to the distribution point or
points of each participating entity on a unit basis. Each partic-
ipant can then decide, based on the unit costs for raw water from
the Goodwill Reservoir and the unit cost for treatment and trans-
mission of water from Stillhouse Hollow Reservoir, whether or not
it wishes to continue participation in the Goodwill Reservoir
Project.
The following alphabetically listed entities, "Participating
Entities ", have formally requested participation in the RTTS
Feasibility Study: City of Cedar Park, Chisholm Trail WSC, City
of Georgetown, High Gabriel WSC, Jonah WSC,Kempner WSC, City of
Lampasas, City of Leander, City of Round Rock, Salado WSC and
SCB Corporation. In response to these requests the Board of
Directors of the Brazos River Authority authorized this letter
agreement at its quarterly meeting on July 18, 1983.
The Brazos River Authority has received from the engineering firm
of Henningson, Durham and Richardson (HDR) of Austin, Texas a
Page 2
proposal and cost estimate, provided as Enclosure 1, for perform-
ing the engineering services required to conduct the RTTS Feasi-
bility Study. The estimated cost of these services is $64,525.00.
This total cost will be prorated between the Participating
Entities on the basis of the amount of water supply requested by
each participant from the Goodwill Project plus the amount of a
commitment already held by Salado Water Supply Corporation for
0.71 million gallons per day (mgd) of raw water from Stillhouse
Hollow Reservoir. Salado WSC has requested participation in the
RTTS Feasibility Study as a potential means of obtaining its
0.71 mgd from Stillhouse Hollow but will not at this time be con-
sidered as a participating entity in the Goodwill Reservoir
Project, and any water freed -up in Stillhouse Hollow Reservoir as
a result of the future construction of the Goodwill Project will
not be allocated to Salado WSC ahead of the original participating
entities.
The attached table, Enclosure 2, "Goodwill Reservoir Project Par-
ticipation and Pro -rata Cost for Stillhouse Hollow Treatment and
Transmission Feasibility Study" shows projected raw water needs,
percent participation in Goodwill Reservoir Project, quantity of
water presently available for treatment from Stillhouse Hollow
Reservoir, percent participation in RTTS Feasibility Study and
allocated RTTS Feasibility Study cost for each Participating Entity.
This table has been revised and contains different figures than
were shown at the briefing held in the Authority's offices on the
night of October 20, 1983 and contained in the DRAFT table distrib-
uted at the briefing. The Projected Raw Water Needs for the City
of Lampasas was reduced from 6.0 mgd to 3.3 mgd, and for Kempner
WSC from 6.6 mgd to 4.0 mgd. These adjustments resulted in minor
changes throughout the remainder of the table.
It is understood that the entities involved in the RTTS Feasibility
Study will advance their prorated share of the study cost and if,
and only if, a project is constructed as a result of these studies,
the monies advanced by it for the Feasibility Study can be repaid
to each entity participating in the project's implementation from
the proceeds of the bonds issued for that purpose. The total cost
for performing the RTTS Feasibility Study will not exceed $64,525.00
without further written authorization from the Participating Entities.
At the conclusion of the study, the results will be reported to the
Participating Entities, and a joint meeting will be held to deter-
mine those entities wishing to continue with the project.
This letter will serve as a Letter Agreement between your governing
body and the Brazos River Authority for the Authority to initiate
and perform the RTTS Feasibility Study, as provided in the HDR
Proposal at Enclosure 1, at the prorated cost shown for each
Participating Entity in Enclosure 2, provided all entities execute
this Agreement and advance their prorated share of the study costs.
In the event one or more of the entities should fail to execute
this Agreement or to deliver payment for their prorated cost,
this Letter Agreement shall be cancelled and be of no further
force or effect. If this Agreement is cancelled those entities
which have established their participation in the project by sub-
mitting an executed Letter Agreement and providing advance payment
of their prorated cost will be given the option of either acquiring,
on a prorated basis, the additional project share available or re-
maining in the project at their original allocation provided another
entity or entities acquire their allocated amount. In the event
that neither of•the options described above is acceptable, then
the advanced payment made in accordance with the cancelled Letter
Agreement will be returned.
If the proposals set forth in this letter for accomplishing the RTTS
Feasibility Study meet with the approval of your City Council,
please so indicate by signing in the appropriate space below and
returning one copy of this Letter Agreement together with a certi-
fied copy of the resolution of the proper governing body authoriz-
ing its acceptance to the Authority not later than November 18, 1983.
Your check, in the amount indicated in the referenced table and made
payable to the Brazos River Authority, should also be included.
ST:
C,OUta
Asst. Sec :-tary
ted this the $(day of
, 1983.
ATTEST:
Dated this the day of
, 1983.
Yours very truly,
BRAZOS RIVER AUTHORITY
By
Carson H. Hoge,
,General Manager
ACCEPTED:
By
Page 3
Stillhouse Hollow Reservoir is presently totally committed to downstream
water customers of the Brazos River Authority. However, a downstream
reservoir site has been identified and has been shown to have the potential
to supply all of BRA's present Stillhouse Hollow customers, except for those
in the immediate area. After supplying needs of the local area, water could
be made available from Stillhouse Hollow Reservoir to other water purchasers
if a reservoir is constructed at the new site.
The purpose'of this study is to define the engineering feasibility of trea-
ing and transmitting the water which may be available from Stillhouse Hollow
Reservoir to the study participants. The participants are:
City of Cedar Park;
Chisholm Trail Water Supply Corporation
City of Georgetown; .
High Gabriel Water Supply Corporation;
Jonah Water Supply Corporation;
Kempner Water 'Supply Corporation;
City of Lampasas;
City of Leander /Leander Water Supply Corporation;
City of Round Rock;
Salado Water Supply Corporation; and
SCB Development Corporation.
. The attached task schedule describes each of major work items which will be
completed in the course of the study. It is followed by an estimate of
study costs and a schedule for completion of the study tasks.
Enclosure 1
PROPOSAL FOR A FEASIBILITY STUDY OF
REGIONAL TREATMENT AND TRANSMISSION SYSTEM - STILLHOUSE HOLLOW
FOR
BRAZOS RIVER AUTHORITY
TENTATIVE TASK SCHEDULE, COST ESTIMATE, AND SCHEDULE
Page 1 of 6
Task 100: COORDINATION AND IMPLEMENTATION
Task 101:
REGIONAL TREATMENT AND TRANSMISSION SYSTEM - STILLHOUSE HOLLOW
TENTATIVE TASK SCHEDULE
Initial Meeting with BRA and Participating Entities
The initial effort of the project will be a presentation'
of the study outline, team, schedule, and costs to the
participating entities by BRA and HDR. Prior to the
presentation, HDR will present a synopsis of the presen-
tation to BRA and assist in preparation of the joint
presentation. The presentation will provide the parti-
cipants with their percentage of study costs, based on
allocation of water requested, will outline additional
information required from them, and will request desig-
nation of a contact person who is familiar with their
waterworks system and its operation. A time frame for
submission of each item will be provided.
Task 102: Review of Entity Needs, Demand Rates, and System Operations
In order to maximize the benefits of the regional system for
each participant, a thorough understanding of each city's
system, its components and its operation will be necessary.
To minimize the involvement of the study team, and thereby
reduce study costs, it is requested that each participant
provide the following information:
1. Map waterworks showing
a. Existing distribution system with pressure
planes delineated. •
b. Sources of supply
1) Well locations, year drilled, capacity,
associated ground storage and high service
capacity, and description of conditions/
problems associated with well and any
operating restrictions affecting .use of
the well /reservoir /pump station installation.
2) Surface water sources detailing quantity of
permitted water rights or water contracts,.
location and capacity of intakes, raw water
pump stations, water treatment processes
and capacity, clear wells, high service
pump stations, and transmission mains.
c. Elevated storage /ground storage and high service
pump stations incorporated in the distribution
system
2. Any available water supply /distribution system reports
3. Present average day, peak day, and peak hour demand rates
After a review of the information provided, a synopsis of the
present and future system operations will be prepared and re-
viewed with BRA and the participants' designated representatives.
Page 2 of 6
Task 200: PRELIMINARY INVESTIGATIONS
Task 201: System Termination Plans
Based on information provided by each entity, HDR will
define plan(s) which will maximize system benefit to each
participant. These plans will satisfy Texas Department of
Health and State Board of Insurance requirements to the
maximum extent possible, and will attempt to minimize the
need for extensive system improvements or adjustments.
These plans will be reviewed with each participant's desig-
nated representative and written comments will be required
before finalization of the termination plan.
Task 202: System Demands
Considering the optimum termination plan for each participant,
a range of_system design demands will be defined in order
to establish present and future load conditions. This
analysis will be prepared by decade for each participant and
will provide the initial basis for analyzing participant's
storage, transmission, and treatment requirements.
Task 203: Reservoir Analysis
Utilizing topographic maps and yield, level, and sediment
pool information available from the Brazos River Authority,
U.S. Corps of Engineers, and Texas.Department of Water
Resources, potential site(s) for intake structure(s) and
pump station(s) in Stillhouse Hollow Reservoir will'be
determined. This analysis will include investigation of
existing diversion structures and the potential for joint
utilization of such facilities. For each identified site,
intake and pump station requirements will be determined,
including definition of appropriate type of structure,
finished floor elevation, requirements for access, founda-
tion and system control, and any specific institutional re-
strictions on the operation of a facility,at each site.
Task 204: Water Quality /Treatment Analysis
Using water quality data available from the Brazos River
Authority, Texas Department of Water Resources, Texas
Department of Health, U.S. Geological Survey, and agencies
operating treatment plants on Stillhouse Hollow Reservoir,
analyze reservoir water quality and define recommended
treatment processes. Analyze potential for taste and odor
problems due to lake overturns. Evaluate compatibility of
treated water with other sources of supply while being
directed through common distribution systems. Denote
additional data, both field and laboratory, which must be
obtained prior to final design.
Page 3 of 6
Task 205: Corridor Analysis /Route Selection
A composite map „using U.S. Geological Survey topographic
maps, will be prepared to show potential corridors and
routes available for the pipeline. A number of possible
routes will be considered, however, approximately three
preferred routes will be identified. A preliminary hydraulic
profile analysis will be performed for each of the routes to
define problem areas. Joint utilization and enhancing benefits
to existing and proposed participants' facilities will be
addressed. The location of natural and man -made features
and environmentally sensitive areas will be superimposed
on the drawings, as necessary.
Task 300:
Task 301:
Alternatives Development
Utilizing the data base and potential alternatives identified
in the preliminary investigations, multiple combinations of
facilities' sizing and location will be developed. Combina-
tions of intake structures, raw water pump stations, treat-
ment locations clearwell and interim storage, pipe size
and class, in - line boosting, and termination facilities will
be analyzed to determine relative total construction costs.
Approximately twenty (20) alternatives will be reviewed and
reduced to three (3) or more optimum solutions.
Task 302: Detailed Alternatives Evaluation
For the three (3) or more most feasible alternatives, detailed
cost estimates and system operating plans will be developed.
Costs will be determined for the construction, operation, and
maintenance of facilities. Using the operations plans for each
of the alternatives, the relative merits of each system will
be evaluated with respect to the impact on the participants'
operations.
Task 400:
Task 401:
ALTERNATIVES ANALYSIS
RECOMMENDATION AND REPORT
Recommended Alternative
For the recommended alternative, a detailed description of all
components will be prepared. This narrative will outline the
impact of the system for each participant and will describe
and estimate the cost of facility adjustments required in each
city. The extent and cost estimates for systems adjustment
will be reviewed with each participants' designated represen-
tative prior to finalization. Total expected costs for each
entity, including adjustment costs, will be presented. An
analysis of the potential for staging portions of the project
will be presented along with a financial evaluation and any
pertinent contractual arrangements that should be considered
in the feasibility of the project.
Page 4 of 6
Task 402: Report and Presentation
A verbal presentation of the recommended alternative and
its cost will be presented to the participants when the
draft report is completed and has been reviewed with the
Authority. Comments from all participants will be solicited
prior to finalization of the report.
Task 403: Final Report
The final report, addressing all of the items outlined
in this study, will be prepared and submitted to the
Authority, in sufficient numbers to provide BRA with
ten copies and each participant with two copies.
Page 5 of 6
REGIONAL TREATMENT AND TRANSMISSION SYSTEM - STILLHOUSE HOLLOW
STUDY COST ESTIMATE AND SCHEDULE
Calendar Days
Task Estimated Costs (1) to Complete
101 $ 1,770 15 days
102 6,115 45 days (2)
201 8,560 15 days (3)
202 1,110 5 days (3)
203 4,670 45 days (3)
204 6,725 45 days (3)
205 6,040 45 days (3)
301 10,450 20 days
302 7,865 20 days
401 3,510 30 days
402 6,210 35 days (2)
403 1,500 10 days
TOTAL $64,525 220 days
(1) These costs were computed based on total salary costs of each employee
multiplied by a factor of 2.5 and direct non -labor expenses at cost plus
ten percent (10 %). No subcontract services are included in the estimate.
There will be no cost for financial advisory services.
(2) Includes an estimated 30 days delay for sponsors' submission of requested
data.
(3) To be completed simultaneously.
Page 6 of 6
ATTACHMENT TWO
EXPLANATION OF TERMS
1. Salary costs are defined as payroll cost adjusted for sick leave,
vacation and holiday pay, plus unemployment taxes, social security,
workmen's compensation, retirement, medical and life insurance
benefits.
Categories of employees to be involved in the project and approxi-
mate salary costs are as follows:
Project Manager $28.00
Project Engineer $26.00
Engineer $18.00
Technician _$12.00
Draftsman $10.00
Stenographer $ 9.00
Actual amounts invoiced to the Authority would be the actual payroll
cost for each employee .adjusted to include the items stipulated in
the above described definition of salary costs.
2. Direct non -labor expenses are defined as expense of long distance
or toll calls, reproduction, postage, computer time, transportation,
subsistence, and lodging when traveling in connection with the
Project.
Page 1 of 1
Regional Treatment and Transmission System - Stillhouse Hollow
Project Principal
John Richardson, P.E.
Demands
Roger Noack, P.E.
Anne Smith
Allen Woelke
Water Quality / Treatment
Gary Smith, P.E.
Tom Caldwell, P.E.
Financial Considerations
George Janning
Underwood Neuhaus, Inc.
Brazos River Authority
i
Project Manager
J.K. Haney, P.E.
i
Quality Control
Lee Baker, P.E.
Termination Plans Reservoir Analysis
Roger Noack, P.E.
Allen Woelke
Corridor Analysis Alternatives
Roger, Noack, P.E.
Dave Backer, P.E. •
Allen Woelke
Ken Choffel, P.E.
Anne Smith
Roger Noack, P.E.
Dave Backer, P.E.
GOODWILL RESERVOIR PROJECT PARTICIPATION
AND PRO -RATA COSTS FOR
REGIONAL TREATMENT AND TRANSMISSION SYSTEM FEASIBILITY STUDY
Percent of Total Yield
Projected Reservoir Available
Raw Water Project To Be
Participating Needs Participation Treated (6)
Entity (mgd) ( %) (mgd) •
Lampasas
Leander
SCB
Kempner
Jonah
Chisholm
Round Rock
Georgetown
Cedar Park
High Gabriel
Salado
3.3
5.0 •
3.0
4.0
1.5
8.1
20.85
6.6
9.0
0.65
Total 62.0
NOTES:
5.32
8.06
4.84
6.45
2.42
13.06
33.63
10.65
14.52
1.05
2.66
4.02
2.42
3.22
1.21
6.52
16.78
5.31
7.25
0.52
0.71 (3 )
100 50.62
(1) 2020 Yield from Stillhouse
(2) Existing Local Commitments from Stillhouse
(3) Presently Contracted to Salado WSC from Stillhouse
(4) Projected Raw Water Needs
(5) Total Yield Presently Available for Commitment to
Goodwill Participating Entities (1) - (2)
(6) Total Yield to be Treated In RTTS (5) + (3)
(7) Total Estimated Cost of RTTS Feasibility Study
Pro -Rate
Percent Allocated
Participation RTTS
in RTTS Feasibility
Feasibility Study Study Costs
( %) ($)
5.25 $ 3,387.00
7.94 5,123.00
4.78 3,084.00
6.36 4,104.00
2.39 1,542.00
12.88 8,311.00
33.15 21,390.00
10.49 6,769.00
14.32 9,240.00
1.03 665.00
1.41 910.00
67,768 AF /Yr.
11,872 AF /Yr.
800 AF /Yr.
69,440 AF /Yr.
55,896 AF /Yr.
56,696 AF /Yr.
$64,525
100 $64,525.00
60.51 mgd
10.60 mgd
0.71 mgd
62.0 mgd
49.91 mgd
50.62 mgd
Enclosure 2.
BRAZOS RIVER AUTHORITY
Honorable Larry L. Tonn, Mayor
City of Round Rock
214 East Main Street
Round Rock, Texas 78664
Dear Mayor Tonn:
4400 COBBS DRIVE P. 0. BOX 7555 TELEPHONE AREA CODE B17 776-144F
WACO. TEXAS-76710
October 25, 1983
On the behalf of your City, you have joined with other entities
in Lampasas, Bell and Williamson Counties to determine through
an engineering study the feasibility and cost of constructing
a Regional Treatment and Transmission System (RTTS) to provide
treated water from Stillhouse Hollow Reservoir. The availabil-
ity of raw water for this purpose is contingent on the develop-
ment of a new raw water supply reservoir in the Brazos Basin to
replace existing downstream contractual commitments for water
presently met by releases from Stillhouse Hollow Reservoir. A
potential project, known as the Goodwill Reservoir Project, which
could provide the new raw water supply to offset the downstream
commitments of Stillhouse Hollow Reservoir, has been identified
and through preliminary engineering studies the unit cost of raw
water from this new source has been estimated. The objective of
the RTTS Feasibility Study is to provide an estimate of the cost
for treating the raw water freed -up in Stillhouse Hollow Reservoir
and transmitting the treated water to the distribution point or
points of each participating entity on a unit basis. Each partic-
ipant can then decide, based on the unit costs for raw water from
the Goodwill Reservoir and the unit cost for treatment and trans-
mission of water from Stillhouse Hollow Reservoir, whether or not
it wishes to continue participation in the Goodwill Reservoir
Project.
The following alphabetically listed entities, "Participating
Entities ", have formally requested participation in the RTTS
Feasibility Study: City of Cedar Park, Chisholm Trail WSC, City
of Georgetown, High Gabriel WSC, Jonah WSC, Kempner WSC, City of
Lampasas, City of Leander, City of Round Rock, Salado WSC and
SCB Corporation. In response to these requests the Board of
Directors of the Brazos River Authority authorized this letter
agreement at its quarterly °meeting on July 18, 1983.
The Brazos River Authority has received from the engineering firm
of Henningson, Durham and Richardson (HDR) of Austin, Texas a
CCjpY
Page 2
proposal and cost estimate, provided as Enclosure 1, for perform-
ing the engineering services required to conduct the RTTS Feasi-
bility Study. The estimated cost of these services is $64,525.00.
This total cost will be prorated between the Participating
Entities on the basis of the amount of water supply requested by
each participant from the Goodwill Project plus the amount of a
commitment already held by Salado Water Supply Corporation for
0.71 million gallons per day (mgd) of raw water from Stillhouse
Hollow Reservoir. Salado WSC has requested participation in the
RTTS Feasibility Study as a potential means of obtaining its
0.71 mgd from Stillhouse Hollow but will not at this time be con-
sidered as a participating entity in the Goodwill Reservoir
Project, and any water freed -up in Stillhouse Hollow Reservoir as
a result of the future construction of the Goodwill Project will
not be allocated to Salado WSC ahead of the original participating
entities.
The attached table, Enclosure 2, "Goodwill Reservoir Project Par-
ticipation and Pro -rata Cost for Stillhouse Hollow Treatment and
Transmission Feasibility Study" shows projected raw water needs,
percent participation in Goodwill Reservoir Project, quantity of
water presently available for treatment from Stillhouse Hollow
Reservoir, percent participation in RTTS Feasibility Study and
allocated RTTS Feasibility Study cost for each Participating Entity.
This table has been revised and contains different figures than
were shown at the briefing held in the Authority's offices on the
night of October 20, 1983 and contained in the DRAFT table distrib-
uted at the briefing. The Projected Raw Water Needs for the City
of Lampasas was reduced from 6.0 mgd to 3.3 mgd, and for Kempner
WSC from 6.6 mgd to 4.0 mgd. These adjustments resulted in minor
changes throughout the remainder of the table.
It is understood that the entities involved in the RTTS Feasibility
Study will advance their prorated share of the study cost and if,
and only if, a project is constructed as a result of these studies,
the monies advanced by it for the Feasibility Study can be repaid
to each entity participating in the project's implementation from
the proceeds of the bonds issued for that purpose. The total cost
for performing the RTTS Feasibility Study will not exceed $64,525.00
without further written authorization from the Participating Entities.
At the conclusion of the study, the results will be reported to the
Participating Entities, and a joint meeting will be held to deter-
mine those entities wishing to continue with the project.
This letter will serve as a Letter Agreement between your governing
body and the Brazos River Authority for the Authority to initiate
and perform the RTTS Feasibility Study, as provided in the HDR
Proposal at Enclosure 1, at the prorated cost shown for each
Participating Entity in Enclosure 2, provided all entities execute
this Agreement and advance their prorated share of the study costs.
In the event one or more of the entities should fail to execute
this Agreement or to deliver payment for their prorated cost,
COPY
this Letter Agreement shall be cancelled and be of no further
force or effect. If this Agreement is cancelled those entities
which have established their participation in the project by sub-
mitting an executed Letter Agreement and providing advance payment
of their prorated cost will be given the option of either acquiring,
on a prorated basis, the additional project share available or re-
maining in the project at their original allocation provided another
entity or entities acquire their allocated amount. In the event
that neither of•the options described above is acceptable, then
the advanced payment made in accordance with the cancelled Letter
Agreement will be returned.
If the proposals set forth in this letter for accomplishing the RTTS
Feasibility Study meet with the approval of your City Council,
please so indicate by signing in the appropriate space below and
returning one copy of this Letter Agreement together with a certi-
fied copy of the resolution of the proper governing body authoriz-
ing its acceptance to the Authority not later than November 18, 1983.
Your check, in the amount indicated in the referenced table and made
payable to the Brazos River Authority, should also be included.
ST:
Gh�
Asst. Sec -tart'
ed this the25 riday of
ATTEST:
, 1983.
Dated this the day of
, 1983.
Yours very truly,
BRAZOS RIVER AUTHORITY
By
Page 3
By ���!IJz
Carson H. Hoge,
General Manager
ACCEPTED:
Copy/
Stillhouse Hollow Reservoir is presently totally committed to downstream
water customers of the Brazos River Authority. However, a downstream
. reservoir site has been identified and has been shown to have the potential
to supply all of BRA's present Stillhouse Hollow customers, except for those
in the immediate area. After supplying needs of the local area, water could
be made available from Stillhouse Hollow Reservoir to other water purchasers
if a reservoir is constructed at the new site.
The purpose'of this study is to define the engineering feasibility of tree-
ing and transmitting the water which may be available from Stillhouse Hollow
Reservoir to the study participants. The participants are:
City of Cedar Park;
Chisholm Trail Water Supply Corporation
City of Georgetown;
High Gabriel Water Supply Corporation;
Jonah Water Supply Corporation;
Kempner Water 'Supply Corporation;
City of Lampasas;
City of Leander /Leander Water Supply Corporation;
City of Round Rock;
Salado Water Supply Corporation; and
SCB Development Corporation.
The attached task schedule describes each of major work items which will be
completed in the course of the study. It is followed by an estimate of
study costs and a schedule for completion of the study tasks.
Enclosure 1
PROPOSAL FOR A FEASIBILITY STUDY OF
REGIONAL TREATMENT AND TRANSMISSION SYSTEM - STILLHOUSE HOLLOW
FOR
BRAZOS RIVER AUTHORITY
TENTATIVE TASK SCHEDULE, COST ESTIMATE, AND SCHEDULE
Page 1 of 6
Task 100:
Task 101:
REGIONAL TREATMENT AND TRANSMISSION SYSTEM - STILLHOUSE HOLLOW
TENTATIVE TASK SCHEDULE
COORDINATION AND IMPLEMENTATION
Initial Meeting with BRA and Participating Entities
The initial effort of the project will be a presentation
of the study outline, team, schedule, and costs to the
participating entities by BRA and HDR. Prior to the
presentation, HDR will present a synopsis of the presen-
tation to BRA and assist in preparation of the joint
presentation. The presentation will provide the parti-
cipants with their percentage of study costs, based on
allocation of water requested, will outline additional
information required from them, and will request desig-
nation of a contact person who is familiar with their
waterworks system and its operation. A time frame for
submission of each item will be provided.
Task 102: Review of Entity Needs, Demand Rates, and System Operations
In order to maximize the benefits of the regional system for
each participant, a thorough understanding of each city's
system, its components and its operation will be necessary.
To minimize the involvement of the study team, and thereby
reduce study costs, it is requested that each participant
provide the following information:
1. Map.of waterworks showing
a. Existing distribution system with pressure
planes delineated.
b. Sources of supply
1) Well locations, year drilled, capacity,
associated ground storage and high service
capacity, and description of conditions/
problems associated with well and any
operating restrictions affecting use of
the well /reservoir /pump station installation.
2) Surface water sources detailing quantity of
permitted water rights or water contracts,.
location and capacity of intakes, raw water
pump stations, water treatment processes
and capacity, clear wells, high service
pump stations, and transmission mains.
c. Elevated storage /ground storage and high service
pump stations incorporated in the distribution
system
2. Any available water supply /distribution system reports
3. Present average day, peak day, and peak hour demand rates
After a review of the information provided, a synopsis of the
present and future system operations will be prepared and re-
viewed with BRA and the participants' designated representatives.
Page 2 of 6
Task 200: PRELIMINARY INVESTIGATIONS
Task 201:
System Termination Plans
Based on information provided by each entity, HDR will
define plan(s) which will maximize system benefit to each
participant. These plans will satisfy Texas Department of
Health and State Board of Insurance requirements to the
maximum extent possible, and will attempt to minimize the
need for extensive system improvements or adjustments.
These plans will be reviewed with each participant's desig-
nated representative and written comments will be required
before finalization of the termination plan.
Task 202: System Demands
Considering the optimum termination plan for each participant,
a range of_system design demands will be defined in order
to establish present and future load conditions. This
analysis will be prepared by decade for each participant and
will provide the initial basis for analyzing participant's
storage, transmission, and treatment requirements.
Task 203: Reservoir Analysis
Utilizing topographic maps and yield, level, and sediment
pool information available from the Brazos River Authority,
U.S. Corps of Engineers, and Texas.Department of Water
Resources, potential site(s) for intake structure(s) and
pump station(s) in Stillhouse Hollow Reservoir will•be
determined. This analysis will include investigation of
existing diversion structures and the potential for joint
utilization of such facilities. For each identified site,
intake and pump station requirements will be determined,
including definition of appropriate type of structure,
finished floor elevation, requirements for access, founda-
tion and system control, and any specific institutional re-
strictions on the operation of a facility,at each site.
Task 204: Water Quality /Treatment Analysis
Using water quality data available from the Brazos River
Authority, Texas Department of Water Resources, Texas
Department of Health, U.S. Geological Survey, and agencies
operating treatment plants on Stillhouse Hollow Reservoir,
analyze reservoir water quality and define recommended
treatment processes. Analyze potential for taste and odor
problems due to lake overturns. Evaluate compatibility of
treated water with other sources of supply while being
directed through common distribution systems. Denote
additional data, both field and laboratory, which must be
obtained prior to final design.
Page 3 of 6
Task 205: Corridor Analysis /Route Selection
A composite map,.using U.S. Geological Survey topographic
maps, will be prepared to show potential corridors and'
routes available for the pipeline. A number of possible
routes will be considered, however, approximately three
preferred routes will be identified. A preliminary hydraulic
profile analysis will be performed for each of the routes to
define problem areas. Joint utilization and enhancing benefits
to existing and proposed participants' facilities will be
addressed. The location of natural and man -made features
and environmentally sensitive areas will be superimposed
on the drawings, as necessary.
Task 300: ALTERNATIVES ANALYSIS
Task 301: Alternatives Development
Utilizing the data base and potential alternatives identified
in the preliminary investigations, multiple combinations of
facilities' sizing and location will be developed. Combina-
tions of intake structures, raw water pump stations, treat-
ment locations clearwell and interim storage, pipe size
and class, in -line boosting, and termination facilities will
be analyzed to determine relative total construction costs.
Approximately twenty (20) alternatives will be reviewed and
reduced to three (3) or more optimum solutions.
Task 302: Detailed Alternatives Evaluation
For the three (3) or more most feasible alternatives, detailed
cost estimates and system operating plans will be developed.
Costs will be determined for the construction, operation, and
maintenance of facilities. Using the operations plans for each
of the alternatives, the relative merits of each system will
be evaluated with respect to the impact on the participants'
operations.
Task 400: RECOMMENDATION AND REPORT
Task 401: Recommended Alternative
For the recommended alternative, a detailed description of all
components will be prepared. This narrative will outline the
impact of the system for each participant and will describe
and estimate the cost of facility adjustments required in each
city. The extent and cost estimates for systems adjustment
will be reviewed with each participants' designated represen-
tative prior to finalization. Total expected costs for each
entity, including adjustment costs, will be presented. An
analysis of the potential for staging portions of the project
will be presented along with a financial evaluation and any
pertinent contractual arrangements that should be considered
in the feasibility of the project.
Page 4 of 6
Task 402: Report and Presentation
A verbal presentation of the recommended alternative and
its cost will be presented to the participants when the
draft report is completed and has been reviewed with the .
Authority. Comments from all participants will be solicited
prior to finalization of the report.
Task 403: Final Report
The final report, addressing all of the items outlined
in this study, will be prepared and submitted to the
Authority, in sufficient numbers to provide BRA with
ten copies and each participant with two copies.
Page 5 of 6
REGIONAL TREATMENT AND TRANSMISSION SYSTEM - STILLHOUSE HOLLOW
STUDY COST ESTIMATE AND SCHEDULE
Calendar Days
Task Estimated Costs (1) to Complete
101 $ 1,770 15 days
102 6,115 45 days (2)
201 8,560 15 days (3)
202 1,110 5 days (3)
203 4,670 45 days (3)
204 6,725 45 days (3)
205 6,040 45 days (3)
301 10,450 20 days
302 7,865 20 days
401 3,510 30 days
402 6,210 35 days (2)
403 1,500 10 days
TOTAL $64,525 220 days
(1) These costs were computed based on total salary costs of each employee
multiplied by a factor of 2.5 and direct non -labor expenses at cost plus
ten percent (10 %). No subcontract services are included in the estimate.
There will be no cost for financial advisory services.
(2) Includes an estimated 30 days delay for sponsors' submission of requested
data.
(3) To be completed simultaneously.
Page 6 of 6
ATTACHMENT TWO
EXPLANATION OF TERMS
1. Salary costs are defined as payroll cost adjusted for sick leave,
vacation and holiday pay, plus unemployment taxes, social security,
workmen's compensation, retirement, medical and life insurance
benefits.
Categories of employees to be involved in the project and approxi-
mate salary costs are as follows:
Project Manager $28.00
Project Engineer $26.00
Engineer $18.00
Technician _$12.00
Draftsman $10.00
Stenographer $ 9.00
Actual amounts invoiced to the Authority would be the actual payroll
cost for each employee, adjusted to include the items stipulated in
the above described definition of salary costs.
2. Direct non -labor expenses are defined as expense of long distance
or toll calls, reproduction, postage, computer time, transportation,
subsistence, and lodging when traveling in connection with the
Project.
Page 1 of 1
Regional Treatment and Transmission System - Stillhouse Hollow
Project Principal
John Richardson, P.E.
Demands
Roger Noack, P.E.
Anne Smith
Allen Woelke
Water Quality / Treatment
Gary Smith, P.E.
Torn Caldwell, P.E.
Financial Considerations
George Janntng
Underwood Neuhaus, Inc.
Brazos River Authority
Project Manager
J.K. Haney, P.E.
Termination Plans Reservoir Analysis
Roger Noack, P.E.
Alien Woelke
Corridor Analysis Alternatives
Roger, Noack, P.E.
Dave Backer, P.E.
Allen Woelke
Quality Control
Lee Baker, P.E.
Ken Choffel, P.E.
Anne Smith
Roger Noack, P.E.
Dave Backer, P.E.
GOODWILL RESERVOIR PROJECT PARTICIPATION
AND PRO -RATA COSTS FOR
REGIONAL TREATMENT AND TRANSMISSION SYSTEM FEASIBILITY STUDY
Percent of Total Yield
Projected Reservoir Available
Raw Water Project To Be
Participating Needs Participation Treated (6)
Entity (mgd) ( %) (mgd)
Lampasas 3.3 5.32
Leander 5.0 • 8.06
SCB 3.0 4.84
Kempner 4.0 6.45
Jonah 1.5 2.42
Chisholm 8.1 13.06
Round Rock 20.85 33.63
Georgetown 6.6 10.65
Cedar Park 9.0 14.52
High Gabriel 0.65 1.05
Salado
Total 62.0 100 50.62
NOTES:
(1) 2020 Yield from Stillhouse
(2) Existing Local Commitments from Stillhouse
(3) Presently Contracted to Salado WSC from Stillhouse
(4) Projected Raw Water Needs
(5) Total Yield Presently Available for Commitment to
Goodwill Participating Entities (1) - (2)
(6) Total Yield to be Treated In RTTS (5) + (3)
(7) Total Estimated Cost of RTTS Feasibility Study
2.66
4.02
2.42
3.22
1.21
6.52
16.78
5.31
7.25
0.52
0.71 (3 )
Percent
Participation
in RTTS
Feasibility Study
( %)
5.25
7.94
4.78
6.36
2.39
12.88
33.15
10.49
14.32
1.03
1.41
100
67,768 AF /Yr.
11,872 AF /Yr.
800 AF /Yr.
69,440 AF /Yr.
55,896 AF /Yr.
56,696 AF /Yr.
$64,525
60.51 mgd
10.60 mgd
0.71 mgd
62.0 mgd
49.91 mgd
50.62 mgd
Enclosure 2.
Pro -Rate
Allocated
RTTS
Feasibility
Study Costs
($)
$ 3,387.00
5,123.00
3,084.00
4,104.00
1,542.00
8,311.00
21,390.00
6,769.00
9,240.00
665.00
910.09
$64,525.00
N
Y l
A
Honorable
Mayor, City of
P. 0. Box
City
BRAZOS RIVER AUTHORITY
4400 COBBS DRIVE P. 0. 80X 7555 TELEPHONE AREA CODE 617 776.1441
WACO. TEXAS • 76710
October 20, 1983
"4:',41 FT
Dear Mayor
On the behalf of your City (district), you have joined with
other entities in Lampasas, Bell and Williamson Counties to deter-
mine through an engineering study the feasibility and cost of
constructing a Regional Treatment and Transmission System (RTTS) to
provide treated water from Stillhouse Hollow Reservoir. The availa-
bility of raw water for this purpose is contingent on the development
of a new raw water supply reservoir in the Brazos Basin to replace
existing downstream contractual commitments for water presently met
by releases from Stillhouse Hollow Reservoir. A potential project,
known as the Goodwill Reservoir Project, which could provide the new
raw water supply to offset the downstream commitments of Stillhouse
Hollow Reservoir, has been identified and through preliminary
engineering studies the unit cost of raw water from this new source
has been estimated. The objective of the RTTS Feasibility Study is
to provide an estimate of the cost for treating the raw water freed
up in Stillhouse Hollow Reservoir and transmitting the treated
water to the distribution point or points of each participating
ilk
Page 2
entity on a unit basis. Each participant can then decide, based on
the unit costs for raw water from the Goodwill Reservoir and the unit
cost for treatment and transmission of water from Stillhouse Hollow
Reservoir, whether or not it wishes to continue participation in
the Goodwill Reservoir Project.
The following alphabetically listed entities, "Participating
Entities ", have formally requested participation in the RTTS Feasibility
Study: City of Cedar Park, Chisholm Trail WSC, City of Georgetown,
High Gabriel WSC, Jonah WSC, Kempner WSC, City of Lampasas, City of
Leander, Salado WSC and SCB Corporation. In response to these requests
the Board of Directors of the Brazos River Authority authorized this
letter agreement at its quarterly meeting on July 18, 1983.
The Brazos River Authority has received from the engineering firm
of Henningson, Durham and Richardson (HDR) of Austin, Texas a proposal
and cost estimate, provided as Enclosure 1, for performing the en-
gineering services required to conduct the RTTS Feasibility Study.
The estimated cost of these services is $64,525.00. This total cost
will be prorated between the Participating Entities on the basis of
the amount of water supply requested by each participant from the
Goodwill Project plus the amount of a commitment already held by
Salado Water Supply Corporation for 0.71 million gallons per day
(mgd) of raw water from Stillhouse Hollow Reservoir. Salado WSC has
requested participation in the RTTS Feasibility Study as a potential
means of obtaining its 0.71 mgd from Stillhouse Hollow but will not
at this time be considered as a participating entity in the Goodwill
Reservoir Project, and any water freed -up in Stillhouse Hollow
RAFT
Page 3
Reservoir as a result of the future construction of the Goodwill
Project will not be allocated to Salado WSC ahead of the original
participating entities.
The attached table, Enclosure 2, "Goodwill Reservoir Project
Participation and Pro -rata Cost for Stillhouse Hollow Treatment and
Transmission Feasibility Study" shows projected raw water needs,
percent participation in Goodwill Reservoir Project, quantity of
water presently available for treatment from Stillhouse Hollow
Reservoir, percent participation in RTTS Feasibility Study and allo-
cated RTTS Feasibility Study cost for each Participating Entity. This
table combines on one sheet the information and figures contained on
the slides which were shown at the briefing held in the Authority's
offices on the night of October 20, 1983.
It is understood that the entities involved in the RTTS
Feasibility Study will advance their prorated share of the study
cost and if, and only if, a project is constructed as a result of
these studies, the monies advanced by it for the Feasibility Study
can be repaid to each entity participating in the project's imple-
mentation from the proceeds of the bonds issued for that purpose.
The total cost for performing the RTTS Feasibility Study will not
exceed $64,525.00 without further written authorization from the
Participating Entities. At the conclusion of the study, the
results will be reported to the Participating Entities, and a joint
meeting will be held to determine those entities wishing to continue
with the project.
This letter will serve as a Letter Agreement between your
governing body and the Brazos River' Authority for the Authority to
initiate and perform the RTTS Feasibility Study, as provided in the
HDR Proposal at Enclosure 1, at the prorated cost shown for each
Participating Entity in Enclsoure 2, provided all entities execute
this Agreement and advance their prorated share of the study costs.
In the event one or more of the entities should fail to execute
this Agreement or to deliver payment for their prorated cost, this
Letter Agreement shall be cancelled and be of no further force or
effect. If this agreement is cancelled those entities which have
established their participation in the project by submitting an exe-
cuted Letter Agreement and providing advance payment of their pro-
rated cost will be given the option of either acquiring, on a prorated
basis, the additional project share available or remaining in the
project at their original allocation provided another entity or entities
acquire their allocated amount. In the event that neither of the op-
tions described above is acceptable then the advanced payment made in
accordance with the cancelled Letter Agreement will be returned.
If the proposals set forth in this letter for accomplishing the
RTTS Feasibility Study meet with the approval of your City Council
(Board of Directors), please so indicate by signing in the appropriate
space below and returning one copy of this letter agreement together
with a certified copy of the resolution of the proper governing body
authorizing its acceptance. Your check, in the amount indicated in
the referenced table and made payable to the Brazos River Authority,
should also be included.
ATTEST:
Yours very truly,
BRAZOS RIVER AUTHORITY
By
Page 4
Carson H. Hoge, General Manager
ACCEPTED:
Dated this the day of 1983. T; By
/
PROPOSAL FOR A FEASIBILITY STUDY OF
REGIONAL TREATMENT AND TRANSMISSION SYSTEM - STILLHOUSE HOLLOW
FOR
BRAZOS RIVER AUTHORITY
TENTATIVE TASK SCHEDULE, COST ESTIMATE, AND SCHEDULE
Stillhouse Hollow Reservoir is presently totally committed to downstream
water customers of the Brazos River Authority. However, a downstream.
. reservoir site has been identified and has been shown to have the potential
to supply all of BRA'S present Stillhouse Hollow customers, except for those
in the immediate area. After supplying needs of the local area, water could
be made available from Stillhouse Hollow Reservoir to other water purchasers
if a reservoir is constructed at the new site.
The purpose'of this study is to define the engineering feasibility of trea-
ing and transmitting the water which may be available from Stillhouse Hollow
Reservoir to the study participants. The participants are:
City of Cedar Park;
Chisholm Trail Water Supply Corporation
City of Georgetown;
High Gabriel Water Supply Corporation;
Jonah Water Supply Corporation;
Kempner Water Supply Corporation;
City of Lampasas;
City of Leander /Leander Water Supply Corporation;
City of Round Rock;
Salado Water Supply Corporation; and
SCB Development Corporation.
The attached task schedule describes each of major work items which will be
completed in the course of the study. It is followed by an estimate of
study costs and a schedule for completion of the study tasks.
Page 1 of 6
REGIONAL TREATMENT AND TRANSMISSION SYSTEM - STILLHOUSE HOLLOW
TENTATIVE TASK SCHEDULE
Task 100: COORDINATION AND IMPLEMENTATION
Task 101: Initial Meeting with BRA and Participating Entities
The initial effort of the project will be a presentation
of the study outline, team, schedule, and costs to the
participating entities by BRA and HDR. Prior to the
presentation, HDR will present a synopsis of the presen-
tation to BRA and assist in preparation of the joint
presentation. The presentation will provide the parti-
cipants with their percentage of study costs, based on
allocation of water requested, will outline additional
information required from them, and will request desig-
nation of a contact person who is familiar with their
waterworks system and its operation. A time frame for
submission of each item will be provided.
Task 102: Review of Entity Needs, Demand Rates, and System Operations
In order to maximize the benefits of the regional system for
each participant, a thorough understanding of each city's
system, its components and its operation will be necessary.
To minimize the involvement of the study team, and thereby
reduce study costs, it is requested that each participant
provide the following information:
1. Map of waterworks showing
a. Existing distribution system with pressure
planes delineated •
b. Sources of supply
1) Well locations, year drilled, capacity,
associated ground storage and high service
capacity, and description of conditions/
problems associated with well and any
operating restrictions affecting .use of
the well /reservoir /pump station installation.
2) Surface water sources detailing quantity of
permitted water rights or water contracts, .
location and capacity of intakes, raw water
pump stations, water treatment processes
and capacity, clear wells, high service
pump stations, and transmission mains.
c. Elevated storage /ground storage and high service
pump stations incorporated in the distribution
system
2. Any available water supply /distribution system reports
3. Present average day, peak day, and peak hour demand rates
After a review of the information provided, a synopsis of the
present and future system operations will be prepared and re-
viewed with BRA and the participants' designated representatives.
Page 2 of 6
Task 200: PRELIMINARY INVESTIGATIONS
Task 201: System Termination Plans
Based on information provided by each entity, HDR will
define plan(s) which will maximize system benefit to each
participant. These plans will satisfy Texas Department of
Health and State Board of Insurance requirements to the
maximum extent possible, and will attempt to minimize the
need for extensive system improvements or adjustments.
These plans will be reviewed with each participant's desig-
nated representative and written comments will be required
before finalization of the termination plan.
Task 202: System Demands
Considering the optimum termination plan for each participant,
a range of system design demands will be defined in order
to establish present and future load conditions. This
analysis will be prepared by decade for each participant and
will provide the initial basis for analyzing participant's
storage, transmission, and treatment requirements.
•
Task 203:
Reservoir'Analysis
Utilizing topographic maps and yield, level, and sediment
pool information available from the Brazos River Authority,
U.S. Corps of Engineers, and Texas. Department of Water
Resources, potential site(s) for intake structure(s) and
pump station(s) in Stillhouse Hollow Reservoir will'be
determined. This analysis will include investigation of
existing diversion structures and the potential for joint
utilization of such facilities. For each identified site,
intake and pump station requirements will be determined,
including definition of appropriate type of structure,
finished floor elevation, requirements for access, founda-
tion and system control, and any specific institutional re-
strictions an the operation of a facility,at each site.
Task 204: Water Quality /Treatment Analysis
Using water quality data available from the Brazos River
Authority, Texas Department of Water Resources, Texas
Department of Health, U.S. Geological Survey, and agencies
operating treatment plants on Stillhouse Hollow Reservoir,
analyze reservoir water quality and define recommended
treatment processes. Analyze potential for taste and odor
problems due to lake overturns. Evaluate compatibility of
treated water with other sources of supply while being
directed through common distribution systems. Denote
additional data, both field and laboratory, which must be
obtained prior to final design.
Page 3 of 6
Task 205: Corridor Analysis /Route Selection
A composite map„ using U.S. Geological Survey topographic
maps, will be prepared to show potential corridors and
routes available for the pipeline. A number of possible
routes will be considered, however, approximately three
preferred routes will be identified. A preliminary hydraulic
profile analysis will be performed for each of the routes to
define problem areas. Joint utilization and enhancing benefits
to existing and proposed participants' facilities will be
addressed. The location of natural and man-made features
and environmentally sensitive areas will be superimposed
on the drawings, as necessary.
Task 300: - ALTERNATIVES ANALYSIS
Task 301: Alternatives Development
Utilizing the data base and potential alternatives identified
in the preliminary investigations, multiple combinations of
facilities' sizing and location will be developed. Combina-
tions of intake structures, raw water pump stations, treat-
ment locations, clearwell and interim storage, pipe size
and class, in -line boosting, and termination facilities will
be analyzed to determine relative total construction costs.
Approximately twenty (20) alternatives will be reviewed and
reduced to three (3) or more optimum solutions.
Task 302: Detailed Alternatives Evaluation
For the three (3) or more most feasible alternatives, detailed
cost estimates and system operating plans will be developed.
Costs will be determined for the construction, operation, and
maintenance of facilities. Using the operations plans for each
of the alternatives, the relative merits of each system will .
be evaluated with respect to the impact on the participants'
operations.
Task 400: RECOMMENDATION AND REPORT
Task 401: Recommended Alternative
For the recommended alternative, a detailed description of all
components will be prepared. This narrative will outline the
impact of the system for each participant and will describe
and estimate the cost of facility adjustments required in each
city. The extent and cost estimates for systems adjustment
will be reviewed with each participants' designated represen-
tative prior to finalization. Total expected costs for each
entity, including adjustment costs, will be presented. An
analysis of the potential for staging portions of the project
will be presented along with a financial evaluation and any
pertinent contractual arrangements that should be considered
in the feasibility of the project.
Page 4 of 6
Task 402: Report and Presentation
A verbal presentation of the recommended alternative and
its cost will be presented to the participants when the
draft report is completed and has been reviewed with the .
Authority. Comments from all participants will be solicited
prior to finalization of the report.
Task 403:
Final Report
The final report, addressing all of the items outlined
in this study, will be prepared and submitted to the
Authority, in sufficient numbers to provide BRA with
ten copies and each participant with two copies.
Page 5 of 6
REGIONAL TREATMENT AND TRANSMISSION SYSTEM - STILLHOUSE HOLLOW
STUDY COST ESTIMATE AND SCHEDULE
Calendar Days
Task Estimated Costs (1) to Complete
101 $ 1,770 15 days
102 6,115 45 days (2)
201 8,560 15 days (3)
202 1,110 5 days (3)
203 4,670 45 days (3)
204 6,725 45 days (3)
205 6,040 45 days (3)
301 10,450 20 days
302 7,865 20 days
401 3,510 30 days
402 6,210 35 days (2)
403 h,5oo 10 days
TOTAL $64,525 220 days
(1) These costs were computed based on total salary costs of each employee
multiplied by a factor of 2.5 and direct non -labor expenses at cost plus
ten percent (10 %). No subcontract services are included in the estimate.
There will be no cost for financial advisory services.
(2) Includes an estimated 30 days delay for sponsors' submission of requested
data.
(3) To be completed simultaneously.
Page 6 of 6
ATTACHMENT TWO
EXPLANATION OF TERMS
1. Salary costs are defined as payroll cost adjusted for sick leave,
vacation and holiday pay, plus unemployment taxes, social security,
workmen's compensation, retirement, medical and life insurance
benefits.
Categories of employees to be involved in the project and approxi-
mate salary costs are as follows:
Project Manager $28.00
Project Engineer $26.00
Engineer $18.00
Technician _$12.00
Draftsman $10.00
Stenographer $ 9.00
Actual amounts invoiced to the Authority would be the actual payroll
cost for each employee, adjusted to include the items stipulated in
the above described definition of salary costs.
2. Direct non -labor expenses are defined as expense of long distance
or toll calls, reproduction, postage, computer time, transportation,
subsistence, and lodging when traveling in connection with the
Project.
Page 1 of 1
Regional Treatment and Transmission System - Stillhouse Hollow
Project Principal
John Richardson, P.E.
Demands
Roger Noack, P.E.
Anne Smith
Allen Woelke
Water Quality / Treatment
Gary Smith, P.E.
Tom Caldwell, P.E.
Financial Considerations
George Janning
Underwood Neuhaus, Inc.
Brazos River Authority
Project Manager
J.K. Haney, P.E.
I
Termination Plans Reservoir Analysis
Roger Noack, P.E.
Allen Woelke
Corridor Analysis
Roger, Noack, P.E.
Dave Backer, P.E. •
Allen Woelke
Quality Control
Lee Baker, P.E.
Ken Choftel, P.E.
Anne Smith
Alternatives
Roger Noack, P.E.
Dave Backer, P.E.
GOODWILL RESERVOIR PROJECT PARTICIPATION
AND PRO -RATA COSTS FOR
STILLHOUSE HOLLOW TREATMENT AND TRANSMISSION FEASIBILITY STUDY
Percent of
Projected Goodwill Total Yield
2020 Reservoir Available
Raw Water Project To Be
Participating Needs Participation Treated (6)
Entity (mgd) ( %) (mgd)
Lampasas 6 8.92 4.45
Leander 5 7.43 3.71
SCB 3 4.46 2.23
Kempner 6.6 9.80 4.89
Jonah 1.5 2.23 1.11
Chism Trail 8.1 12.04 6.01
Round Rock 20.85 30.98 15.46
Georgetown 6.6 9.80 4.89
Cedar Park 9.0 13.37 6.67
High Gabriel 0.65 '0.97 -- 0.48
Salado 0.71
Total 67.3 100 50.62
NOTES:
(1) 2020 Yield from Stillhouse
(2) Existing Local Commitments from Stillhouse
(3) Presently Contracted to Salado WSC from Stillhouse
(4) 2020 Needs from Goodwill Participating Entities
(5) Total Yield Presently Available for Commitment to
Goodwill Participating Entities (1) - (2)
(6) Total Yield to be Treated in RTTS (5) + (3)
(7) Total Estimated cost of RTTS Feasibility Study
Percent
Participation
in RTTS
Feasibility Study
( %)
8.79
7.33
4.41
9.66
2.20
11.88
30.54
9.66
13.18
0.95
1.41
100
67,768 AF /Yr. 60.51 mgd
11,872 AF /Yr. 10.60 mgd
800 AF /Yr. 0.71 mgd
75,376 AF /Yr. 67.3 mgd
55,896 AF /Yr. 49.91 mgd
56,696 AF /Yr. 50.62 mgd
$64,525
Pro -Rata
Allocated
RTTS
Feasibility
Study Cost
Cs)
$ 5,673.00
4,731.00
2,843.00
6,234.00
1,416.00
7,662.00
19,708.00
6,234.00
8,503.00
613.00
906.00
$64,525.00
us-Q- Val eANtOr...
BRAZOS RIVER AUTHORITY
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Honorable Larry onn,
City of Ro •• 'ock
214 Ea - l ain Street
R.. Rock, Texas 78664
Dear Mayor Tonn:
1100 COBBS DRIVE P. O. BOX 7555 TELEPHONE AREA CODE B77 776.1411
WACO. TEXAS.76710
October 25, 1983
On the behalf of your City, you have joined with other entities
in Lampasas, Bell'and Williamson Counties to determine through
an engineering study the feasibility and cost of constructing
a Regional Treatment and Transmission System (RTTS) to provide
treated water from Stillhouse Hollow Reservoir. The availabil-
ity of raw water for this purpose is contingent on the develop-
ment of a new raw water supply reservoir in the Brazos Basin to
replace existing downstream contractual commitments for water
presently met by releases from Stillhouse Hollow Reservoir. A
potential project, known as the Goodwill Reservoir Project, which
could provide the new raw water supply to offset the downstream
commitments of Stillhouse Hollow Reservoir, has been identified
and through preliminary engineering studies the unit cost of raw
water from this new source has been estimated. The objective of
the RTTS Feasibility Study is to provide an estimate of the cost
for treating the raw water freed -up in Stillhouse Hollow Reservoir
and transmitting the treated water to the distribution point or
points of each participating entity on a unit basis. Each partic-
ipant can then decide, based on the unit costs for raw water from
the Goodwill Reservoir and the unit cost for treatment and trans-
mission of water from Stillhouse Hollow Reservoir, whether or not
it wishes to continue participation in the Goodwill Reservoir,
Project.
The following alphabetically listed entities, "Participating
Entities ", have formally requested participation in the RTTS
Feasibility Study: City of Cedar Park, Chisholm Trail WSC, City
of Georgetown, High Gabriel WSC, Jonah WSC, Kempner WSC, City of
Lampasas, City of Leander, City of Round Rock, Salado WSC and
SCB Corporation. In response to these requests the Board of
Directors of the Brazos River Authority authorized this letter
agreement at its quarterly meeting on July 18, 1983.
The Brazos River Authority has received from the engineering firm
of Henningson, Durham and Richardson (HDR) of Austin, Texas a
i
,
Page 2
proposal and cost estimate, provided as Enclosure 1, for perform-
ing the engineering services required to conduct the RTTS Feasi-
bility Study. The estimated cost of these services is $64,525.00.
This total cost will be prorated between the Participating
Entities on the basis of the amount of water supply requested by
each participant from the Goodwill Project plus the amount of a
commitment already held by Salado Water Supply Corporation for
0.71 million gallons per day (mgd) of raw water from Stillhouse
Hollow Reservoir.. Salado WSC has requested participation in the
RTTS Feasibility Study as a potential means of obtaining its
0.71 mgd from Stillhouse Hollow but will not at this time be con-
sidered as a participating entity in the Goodwill Reservoir
Project, and any water freed -up in Stillhouse Hollow Reservoir as .
a result of the future construction of the Goodwill Project will
not be allocated to.Salado WSC ahead of the original participating
entities.
The attached table, Enclosure 2, "Goodwill Reservoir Project Par-
ticipation and Pro -rata Cost for Stillhouse Hollow Treatment and
Transmission Feasibility Study" shows projected raw water needs,
percent participation in Goodwill Reservoir Project, quantity of
water presently available for treatment from Stillhouse Hollow
Reservoir, percent participation in RTTS Feasibility Study and
allocated RTTS Feasibility Study cost for each Participating Entity.
This table has been revised and contains different figures than
were shown at the briefing held in the Authority's offices on the
night of October 20, 1983 and contained in the DRAFT table distrib-
uted at the briefing. The Projected Raw Water Needs for the City
of Lampasas was reduced from 6.0 mgd to 3.3 mgd, and for Kempner
WSC from 6.6 mgd to 4.0 mgd. These adjustments resulted in minor
changes throughout the remainder of the table.
It is understood that the entities involved in the RTTS Feasibility
Study will advance their prorated share of the study cost and if,
and only if, a project is constructed as a result of these studies,
the monies advanced by it for the Feasibility Study can be repaid
to each entity participating in the project's implementation from
the proceeds of the bonds issued for that purpose. The total cost
for performing the RTTS Feasibility Study will not exceed $64,525.00
without further written authorization from the Participating Entities.
At the conclusion of the study, the results will be reported to the
Participating Entities, and a joint meeting will be held to deter-
mine those entities wishing to continue with the project.
This letter will serve as a Letter Agreement between your governing
body and the Brazos River Authority for the Authority to initiate
and perform the RTTS Feasibility Study, as provided in the HDR
Proposal at Enclosure 1, at the prorated cost shown for each
Participating Entity in Enclosure 2, provided all entities execute
this Agreement and advance their prorated share of the study costs.
In the event one or more of the entities should fail to execute
this Agreement or to deliver payment for their prorated cost,
this Letter Agreement shall be cancelled and be of no further
force or effect. If this Agreement is cancelled those entities
which have established their participation in the project by sub-
mitting an executed Letter Agreement and providing advance payment
of their prorated cost will be given the option of either acquiring,
on a prorated basis, the additional project share available or re-
maining in the project at their original allocation provided another
entity or entities acquire their allocated amount. In the event
that neither of the options described above is acceptable, then
the advanced payment made in accordance with the cancelled Letter
Agreement will be returned.
If the proposals set forth in this letter for accomplishing the RTTS
Feasibility Study meet with the approval of your City Council,
please so indicate by signing in the appropriate space below and
returning one copy of this Letter Agreement together with a certi-
fied copy of the resolution of the proper governing body authoriz-
ing its acceptance to the Authority not later than November 18, 1983.
Your check, in the amount indicated in the referenced table and made
payable to the Brazos River Authority, should also be included.
Yours very truly,
ST:
ATTEST:
Asst. Sec - tart'
this the 2,54. day of
, 1983.
Dated this the day of
, 1983.
cc: Mr. Bob Bennett, City Manager
Page 3
BRAZOS RIVER AUTHORITY
B �!/!
Carson H. Hoge,
,General Manager
ACCEPTED:
By
BRAZOS RIVER AUTHORITY
P. 0. 00X 7565
WACO. TEXAS 76710
P 8 5 7 8 4 6 2
MAIL
CERTIFIED MAIL
RETURN RECEIPT REQ
CLAIM CHECK
6 8
DATE
0 HOLD
. . .
1ST NOTICE
2ND NOTICE
;
RETURN
Igg
Oct. 1980
onorable Larry L. Tonn, Mayor
e ity of Round Rock
1,14 East Main Street
ound Rock,Texas 78664
9891703 1-- -
21:et%_," US PUS riqn:
1 35
ualliGtr‘
91 7'03
37
-- n`
BRAZOS RIVER AUTHORITY
P. 0. BOX 7B35
WACO, TEXAS 76710
C1EIR1T4I1E41iEt
P23 8578463
WAIN.
CLAIM CHECK
.3.8.622.4
0 HOLD
DATE
1ST NOTICE
lk
2ND NOTICE
• t
Dctched from
ala n o 3849,
Ai 4 ..- 4
04 , - ------___
''--* ----___,--------.:,
.a3
NOVI 783 IY.
nsrh
-
Mr. Bob Bennett, City Manager
214 East Main Street
Round Rock, Texas 78664
t
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
BRAZOS RIVER AUTHORITY
Honorable Larry L. Tonn, Mayor
City of Round Rock
214 East Main Street
Round Rock, Texas 78664
Dear Mayor Tonn:
4400 COBBS OR /Y£ P. 0. BOX 7555 TELEPHONE AREA CODE 817 776-1441
WACO. TEXAS -78710
October 25, 1983
On the behalf of your City, you have joined with other entities
in Lampasas, Bell'and Williamson Counties to determine through
an engineering study the feasibility and cost of constructing
a Regional Treatment and Transmission System (RTTS) to provide
treated water from Stillhouse Hollow Reservoir. The availabil-
ity of raw water for this purpose is contingent on the develop-
ment of a new raw water supply reservoir in the Brazos Basin to
replace existing downstream contractual commitments for water
presently met by releases from Stillhouse Hollow Reservoir. A
potential project, known as the Goodwill Reservoir Project, which
could provide the new raw water supply to offset the downstream
commitments of Stillhouse Hollow Reservoir, has been identified
and through preliminary engineering studies the unit cost of raw
water from this new source has been estimated. The objective of
the RTTS Feasibility Study is to provide an estimate of the cost
for treating the raw water freed -up in Stillhouse Hollow Reservoir
and transmitting the treated water to the distribution point or
points of each participating entity on a unit basis. Each partic-
ipant can then decide, based on the unit costs for raw water from
the Goodwill Reservoir and the unit cost for treatment and trans-
mission of water from Stillhouse Hollow Reservoir, whether or not
it wishes to continue participation in the Goodwill Reservoir
Project.
The following alphabetically listed entities, "Participating
Entities ", have formally requested participation in the RTTS
Feasibility Study: City of Cedar Park, Chisholm Trail WSC, City
of Georgetown, High Gabriel WSC, Jonah WSC,Kempner WSC, City of
Lampasas, City of Leander, City of Round Rock, Salado WSC and
SCB Corporation. In response to these requests the Board of
Directors of the Brazos River Authority authorized this letter
agreement at its quarterly meeting on July 18, 1983.
The Brazos River Authority has received from the engineering firm
of Henningson, Durham and Richardson (HDR) of Austin, Texas a
Page 2
proposal and cost estimate, provided as Enclosure 1, for perform-
ing the engineering services required to conduct the RTTS Feasi-
bility Study. The estimated cost of these services is $64,525.00.
This total cost will be prorated between the Participating
Entities on the basis of the amount of water supply requested by
each participant from the Goodwill Project plus the amount of a
commitment already held by Salado Water Supply Corporation for
0.71 million gallons per day (mgd) of raw water from Stillhouse
Hollow Reservoir.. Salado WSC has requested participation in the
RTTS Feasibility Study as a potential means of obtaining its
0.71 mgd from Stillhouse Hollow but will not at this time be con-
sidered as a participating entity in the Goodwill Reservoir
Project, and any water freed -up in Stillhouse Hollow Reservoir as .
a result of the future construction of the Goodwill Project will
not be allocated to.Salado WSC ahead of the original participating
entities.
The attached table, Enclosure 2, "Goodwill Reservoir Project Par-
ticipation and Pro -rata Cost for Stillhouse Hollow Treatment and
Transmission Feasibility Study" shows projected raw water needs,
percent participation in Goodwill Reservoir Project, quantity of
water presently available for treatment from Stillhouse Hollow
Reservoir, percent participation in RTTS Feasibility Study and
allocated RTTS Feasibility Study cost for each Participating Entity.
This table has been revised and contains different figures than
were shown at the briefing held in the Authority's offices on the
night of October 20, 1983 and contained in the DRAFT table distrib-
uted at the briefing. The Projected Raw Water Needs for the City
of Lampasas was reduced from 6.0 mgd to 3.3 mgd, and for Kempner
WSC from 6.6 mgd to 4.0 mgd. These adjustments resulted in minor
changes throughout the remainder of the table.
It is understood that the entities involved in the RTTS Feasibility
Study. will advance their prorated share of the study cost and if,
and only if, a project is constructed as a result of these studies,
the monies advanced by it for the Feasibility Study can be repaid
to each entity participating in the project's implementation from
the proceeds of the bonds issued for that purpose. The total cost
for performing the RTTS Feasibility Study will not exceed $64,525.00
without further written authorization from the Participating Entities.
At the conclusion of the study, the results will be reported to the
Participating Entities, and a joint meeting will be held to deter-
mine those entities wishing to continue with the project.
This letter will serve as a Letter Agreement between your governing
body and the Brazos River Authority for the Authority to initiate
and perform the RTTS Feasibility Study, as provided in the HDR
Proposal at Enclosure 1, at the prorated cost shown for each
Participating Entity in Enclosure 2, provided all entities execute
this Agreement and advance their prorated share of the study costs.
In the event one or more of the entities should fail to execute
this Agreement or to deliver payment for their prorated cost,
this Letter Agreement shall be cancelled and be of no further
force or effect. If this Agreement is cancelled those entities
which have established their participation in the project by sub-
mitting an executed Letter Agreement and providing advance payment
of their prorated cost will be given the option of either acquiring,
on a prorated basis, the additional project share available or re-
maining in the project at their original allocation provided another
entity or entities acquire their allocated amount. In the event
that neither of -the options described above is acceptable, then
the advanced payment made in accordance with the cancelled Letter
Agreement will be returned.
If the proposals set forth in this letter for accomplishing the RTTS
Feasibility Study meet with the approval of your City Council,
please so indicate by signing in the appropriate space below and
returning one copy of this Letter Agreement together with a certi-
fied copy of the resolution of the proper governing body authoriz-
ing its acceptance to the Authority not later than November 18, 1983.
Your check, in the amount indicated in the referenced table and made
payable to the Brazos River Authority, should also be included.
ST:
Asst. Sec - tary
ed this the 25 1. day of
, 1983.
ATTEST:
Dated this the day of
, 1983.
cc: Mr. Bob Bennett, City Manager
Yours very truly,
BRAZOS RIVER AUTHORITY
By V '
Carson H. Hoge,
.General Manager
ACCEPTED:
• By
Page 3
li J it 7 .
•
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
BRAZOS RIVER AUTHORITY
4400 COBBS DRIVE P. O. BOX 7555 TELEPHONE AREA CODE 817 776.1441
WACO. TEXAS •76710
October 25, 1983
Honorable Larry L. Tonn, Mayor
City of Round Rock
214 East Main Street
Round Rock, Texas 78664
Dear Mayor Tonn:
On the behalf of your City, you have joined with other entities
in Lampasas, Bell'and Williamson Counties to determine through
an engineering study the feasibility and cost of constructing
a Regional Treatment and Transmission System (RTTS) to provide
treated water from Stillhouse Hollow Reservoir. The availabil-
ity of raw water for this purpose is contingent on the develop-
ment of a new raw water supply reservoir in the Brazos Basin to
replace existing downstream contractual commitments for water
presently met by releases from Stilihouse Hollow Reservoir. A
potential project, known as the Goodwill Reservoir Project, which
could provide the new raw water supply to offset the downstream
commitments of Stillhouse Hollow Reservoir, has been identified
and through preliminary engineering studies the unit cost of raw
water from this new source has been estimated. The objective of
the RTTS Feasibility Study is to provide an estimate of the cost
for treating the raw water freed -up in Stilihouse Hollow Reservoir
and transmitting the treated water to the distribution point or
points of each participating entity on a unit basis. Each partic-
ipant can then decide, based on the unit costs for raw water from
the Goodwill Reservoir and the unit cost for treatment and trans-
mission of water from Stilihouse Hollow Reservoir, whether or not
it wishes to continue participation in the Goodwill Reservoir
Project.
The following alphabetically listed entities, "Participating
Entities ", have formally requested participation in the RTTS
Feasibility Study: City of Cedar Park, Chisholm Trail WSC, City
of Georgetown, High Gabriel WSC, Jonah WSC,Kempner WSC, City of
Lampasas, City of Leander, City of Round Rock, Salado WSC and
SCB Corporation. In response to these requests the Board of
Directors of the Brazos River Authority authorized this letter
agreement at its quarterly meeting on July 18, 1983.
The Brazos River Authority has received from the engineering firm
of Henningson, Durham and Richardson (HDR) of Austin, Texas a
Page 2
proposal and cost estimate, provided as Enclosure 1, for perform-
ing the engineering services required to conduct the RTTS Feasi-
bility Study. The estimated cost of these services is $64,525.00.
This total cost will be prorated between the Participating
Entities on the basis of the amount of water supply requested by
each participant from the Goodwill Project plus the amount of a
commitment already held by Salado Water Supply Corporation for
0.71 million gallons per day (mgd) of raw water Stillhouse
Hollow Reservoir.. Salado WSC has requested participation in the
RTTS Feasibility Study as a potential means of obtaining its
0.71 mgd from Stillhouse Hollow but will not at this time be con-
sidered as a participating entity in the Goodwill Reservoir
Project, and any water freed -up in Stillhouse Hollow Reservoir as _
a result of the future construction of the Goodwill Project will
not be allocated to.Salado WSC ahead of the original participating
entities.
The attached table, Enclosure 2, "Goodwill Reservoir Project Par-
ticipation and Pro -rata Cost for Stillhouse Hollow Treatment and
Transmission Feasibility Study" shows projected raw water needs,
percent participation in Goodwill Reservoir Project, quantity of
water presently available for treatment from Stillhouse Hollow
Reservoir, percent participation in RTTS Feasibility Study and .
allocated RTTS Feasibility Study cost for each Participating Entity.
This table has been revised and contains different figures than
were shown at the briefing held in the Authority's offices on the
night of October 20, 1983 and contained in the DRAFT table distrib-
uted at the briefing. The Projected Raw Water Needs for the City
of Lampasas was reduced from 6.0 mgd to 3.3 mgd, and for Kempner
WSC from 6.6 mgd to 4.0 mgd. These adjustments resulted in minor
changes throughout the remainder of the table.
It is understood that the entities involved in the RTTS Feasibility
Study will advance their prorated share of the study cost and if,
and only if, a project is constructed as a result of these studies,
the monies advanced by it for the Feasibility Study can be repaid
to each entity participating in the project's implementation from
the proceeds of the bonds issued for that purpose. The total cost
for performing the RTTS Feasibility Study will not exceed $64,525.00
without further written authorization from the Participating Entities.
At the conclusion of the study, the results will be reported to the
Participating Entities, and a joint meeting will be held to deter-
mine those entities wishing to continue with the project.
This letter will serve as a Letter Agreement between your governing
body and the Brazos River Authority for the Authority to initiate
and perform the RTTS Feasibility Study, as provided in the HDR
Proposal at Enclosure 1, at the prorated cost shown for each
Participating Entity in Enclosure 2, provided all entities execute
this Agreement and advance their prorated share of the study costs.
In the event one or more of the entities should fail to execute
this Agreement or to deliver payment for their prorated cost,
� � 4
this Letter Agreement shall be cancelled and be of no further
force or effect. If this Agreement is cancelled those entities
which have established their participation in the project by sub-
mitting an executed Letter Agreement and providing advance payment
of their prorated cost will be given the option of either acquiring,
on a prorated basis, the additional project share available or re-
maining in the project at their original allocation provided another
entity or entities acquire their allocated amount. In the event
that neither of.the options described above is acceptable, then
the advanced payment made in accordance with the cancelled Letter
Agreement will be returned.
If the proposals set forth in this letter for accomplishing the RTTS
Feasibility Study meet with the approval of your City Council,
please so indicate by signing in the appropriate space below and
returning one copy of this Letter Agreement together with a certi-
fied copy of the resolution of the proper governing body authoriz-
ing its acceptance to the Authority not later than November 18, 1983.
Your check, in the amount indicated in the referenced table and made
payable to the Brazos River Authority, should also be included.
ST:
Asst. Sec - tary
ed this thepgic day of
, 1983.
ATTEST:
Dated this the day of
, 1983.
cc: Mr. Bob Bennett, City Manager
Page 3
Yours very truly,
BRAZOS RIVER AUTHORITY
By
B y `��X�J
Carson H. Hoge,
.General Manager
ACCEPTED:
- RESOLUTION NO. 3
WHEREAS, the City Council wishes to join with other
entities in Lampasas, Bell and Williamson Counties to
determine the feasibility and costs of constructing a
Regional Treatment and Transmission System to provide treated
water from Stillhouse Hollow Reservoir, and
WHEREAS, a Letter Agreement has been submitted by the
Brazos River Authority to the City of Round Rock, as well as
the other entities involved, and
WHEREAS, the City's prorata share of the cost of the
feasibility study is $23,107.00, and
WHEREAS, the City Council wishes to approve the said
Letter Agreement, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS
That the Mayor is hereby authorized and. directed to
execute on behalf of the City a Letter Agreement with the
Brazos River Authority, and
BE IT FURTHER RESOLVED
That the expenditure of $23,107.00 for the City's share
of the cost is hereby authorized and approved.
ATTEST:
RESOLVED this 22nd day of Nove�983
AP
11111, -.51
LAR ONN, Ma or
City of Round Rock
0.44214ii a/1
J NNE LAND, City Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Honorable Larry L. Tonn, Mayor
City of Round Rock
214 East Main Street
Round Rock, Texas 78664
Dear Mayor Tonn:
BRAZOS RIVER AUTHORITY
4400 COBBS DRIVE P. O. BOX 7555 TELEPHONE AREA CODE 817 776 -7447
WACO. TEXAS•76770
October 25, 1983
On the behalf of your City, you have joined with other entities
in Lampasas, Bell'and Williamson Counties to determine through
an engineering study the feasibility and cost of constructing
a Regional Treatment and Transmission System (RTTS) to provide
treated water from Stillhouse Hollow Reservoir. The availabil-
ity of raw water for this purpose is contingent on the develop-
ment of a new raw water supply reservoir in the Brazos Basin to
replace existing downstream contractual commitments for water
presently met by releases from Stillhouse Hollow Reservoir. A
potential known as the Goodwill Reservoir Project, which
could provide the new raw water supply to offset the downstream
commitments of Stillhouse Hollow Reservoir, has been identified
and through preliminary engineering studies the unit cost of raw
water from this new source has been estimated. The objective of
the RTTS Feasibility Study is to provide an estimate of the cost
for treating the raw water freed -up in Stillhouse Hollow Reservoir
and transmitting the treated water to the distribution point or
points of each participating entity on a unit basis. Each partic-
ipant can then decide, based on the unit costs for raw water from
the Goodwill Reservoir and the unit cost for treatment and trans-
mission of water from Stillhouse Hollow Reservoir, whether or not
it wishes to continue participation in the Goodwill Reservoir
Project.
The following alphabetically listed entities, "Participating
Entities ", have formally requested participation in the RTTS
Feasibility Study: City of Cedar Park, Chisholm Trail WSC, City
of Georgetown, High Gabriel WSC, Jonah WSC,Kempner WSC, City of
Lampasas, City of Leander, City of Round Rock, Salado WSC and
SCE Corporation. In response to these requests the Board of
Directors of the Brazos River Authority authorized this letter
agreement at its quarterly meeting on July 18, 1983.
The Brazos River Authority has received from the engineering firm
of Henningson, Durham and Richardson (HDR) of Austin, Texas a
Page 2
proposal and cost estimate, provided as Enclosure 1, for perform-
ing the engineering services required to conduct the RTTS Feasi-
bility Study. The estimated cost of these services is $64,525.00. •
This total cost will be prorated between the Participating
Entities on the basis of the amount of water supply requested:by
each participant from the Goodwill Project plus the amount of a
commitment already held by Salado.Water Supply Corporation for
0.71 million gallons per day (mgd) of raw water•from Stillhouse
Hollow Reservoir.. Salado WSC has requested participation in the
RTTS Feasibility Study as a potential means of obtaining its
0.71 mgd from Stillhouse Hollow but will not at this time be con-
sidered as a participating entity in the Goodwill Reservoir
Project, and any water freed -up in Stillhouse Hollow Reservoir as
a result of the future construction of the Goodwill Project will
not be allocated to.Salado WSC ahead of .the original participating
entities.
The attached table, 'Enclosure 2, "Goodwill Reservoir Project Par-
ticipation and Pro -rata Cost for Stillhouse Hollow Treatment and
Transmission Feasibility Study" shows projected raw water needs,
percent participation in Goodwill Reservoir Project, quantity of
water presently available for treatment from Stillhouse Hollow
Reservoir, percent participation in RTTS Feasibility Study and
allocated RTTS Feasibility Study cost for each Participating Entity.
This table has been revised and contains different figures than
were shown at the briefing held in the Authority's offices on the
night of October 20, 1983 and contained in the DRAFT table distrib-
uted at the briefing. The Projected Raw Water Needs for the City
of Lampasas was reduced from 6.0 mgd to 3.3 mgd, and for Kempner
WSC from 6.6 mgd to 4.0 mgd. These adjustments resulted in minor
changes throughout the remainder of the table.
It is understood that the entities involved in the RTTS Feasibility
Study will advance their prorated share of the study cost and if,
and only if, a project is constructed as a result of these studies,
the monies advanced by it for the Feasibility Study can be repaid
to each entity participating in the project's implementation from
the proceeds of the bonds issued for that purpose. The total cost
for performing the RTTS Feasibility Study will not exceed $64,525.00
without further written authorization from the Participating Entities.
At the conclusion of the study, the results will be reported to the
Participating Entities, and a joint meeting will be held to deter-
mine those entities wishing to continue with the project.
This letter will serve as a Letter. Agreement between your governing
body and the Brazos River Authority for the Authority to initiate
and perform the RTTS Feasibility Study, as provided in the HDR
Proposal at Enclosure 1, at the prorated cost shown for each
Participating Entity in Enclosure 2, provided all entities execute
this Agreement and advance their prorated share of the study costs.
In the event one or more of the entities should fail to execute
this Agreement or to deliver payment for their prorated cost,
this Letter Agreement shall be cancelled and be of no further
force or effect. If this Agreement is cancelled those entities
which have established their participation in the project by sub-
mitting an executed Letter Agreement and providing advance payment
of their prorated cost will be given the option of either acquiring,
on a prorated basis, the additional project share available or re-
maining in the project at their original allocation provided another.
entity or entities acquire their allocated amount. In the event
that neither of.the options described above is acceptable, then
the advanced payment made in accordance with the cancelled Letter
Agreement will be returned.
If the proposals set forth in this letter for accomplishing the RTTS
Feasibility Study meet with the approval of your City Council,
please so indicate by signing in the appropriate space below and
returning one copy of this Letter Agreement together with a certi-
fied copy of the resolution of the proper governing body authoriz-
ing its acceptance to the Authority not later than November 18, 1983. •
Your check, in the amount indicated in the referenced table and made
payable to the Brazos River Authority, should also be included.
Yours very truly,
BRAZOS RIVER AUTHORITY
ST:
Asst. Sec -tary
ed this the psi day of
, 1983.
ATTEST:
41 .4t 4u
Dated this the day of
, 1983.
cc: Mr. Bob Bennett, City Manager
Page 3
ByC�
Carson H. Hoge,
,General Manager
f
C
[:
1
�- Regional Treatment and
Transmission System -
[: Stillhouse Hollow
Engineering Feasibility Study For
Brazos River Authority •
C
F
F
[_
E_
[_
t
Henningson, Durham & Richardson
r--
e
ional Treatment and Transmission
System ® sti I I h ®use Hollow
Engineering Feasibility Study For
Brazos River Authority
Henningson, Durham & Richardson
row.
Organization Meeting
Study Outline
Study Costs
Additional Information Required
Contact Person
..,
Additional Information Requested
Waterworks System Map
Distribution System and Pressure Planes
Sources of Supply
Wells
Surface Sources
Storage and Pump Stations
Water Supply/ Distribution Studies
Demand Rates
Summarize and Review with City's Designee
r --- �---4
Preliminary Investigations
System Termination Plans
System Demands
Reservoir Analysis
Water QualitylTreatment Analysis
Corridor Analysis l Route Selection
Alternatives Analysis
Alternatives Development
Detailed Alternatives Evaluation
Recommendation and Report
Recommended Alternative
Report and Presentation
Final Report
Regional Treatment and Transmission System
Stillhouse Hollow
Project Principal
John Richardson, PE
Demands
Roger Noack, PE
Anne Smith
Allen Woelke, PE
Water QualitylTreatment
Gary Smith, PE
Torn Caldwell, PE
Financial Considerations
George Janning
Underwood Neuhaus, Inc.
Brazos River Authority
Project Manager
J.K. Haney, PE
Termination Plans
Roger Noack, PE
Allen Woelke, PE
Corridor Analysis
Roger Noack, PE
Dave Backer, PE
Allen Woelke, PE
Quality Control
Lee Baker, PE
Reservoir Analysis
Ken Choffel, PE
Anne Smith
Alternatives
Roger Noack, PE
Dave Backer, PE
Estimated Cost $64,525
Schedule - 220 Calendar Days
Entity
2020 Reservoir
Demand Participation
(MGD) (percent)
Lampasas 6.0 8.92
Leander 5.0 7.43
SCB 3.0 4.46
Kempner 6.6 9.80
Jonah 1.5 2.23
Chisolm Trail 8.1 12.04
Round Rock 20.8 30.98
Georgetown 6.6 9.80
Cedar Park 9.0 13.37
High Gabriel 0.7 0.97
Salado -
TOTAL 07,3 100.00
Entity
Flow Available Treatment Study
For Treatment Participation
(MGD) (Percent)
Lampasas 4.45 8.79
Leander 3.71 7.33
SCB 2.23 4.41
Kempner 4.89 9.66
Jonah 1.11 2.20
Chilsolm Trail 6.01 11.88
Round Rock 15.46 30.54
Georgetown 4.89 9.66
Cedar Park 6.67 13.18
High Gabriel 0.48 0.95
Salado 0.71 1.41
TOTAL 50.52 100.00
Acre Feet MGD
Total Yield from Stillhouse 67,768 60.51
Local Demand from 11,872 10.60
Stillhouse
Committed to Salado from 800 0.71
Stillhouse
75; 376 61 3
2020 Demand from Entities 4671-85. - 68.022-
Total Available to Other 55,896 49.91
Entities
Total to be Treated 56,696 50.62
Entity Study Cost
Lampasas $ 5,673
Leander 4,731
SCB 2,843
Kempner 6,234
Jonah 1,416
Chisoim Trail 7,662
Round Rock 19,708
Georgetown 6,234
Cedar Park 8,503
High Gabriel 613
Salado 906
TOTAL $64,525
1 1023 (Rev. 9 -93)
(Previous version(s) are obsolete.)
To the Texas Transportation Commission
do District Engineer
Texas Department of Transportation
AUSTIN , Texas
Notice of Proposed Installation
Utility Line on Non - Controlled Access Highway
Phone No.
Date 4/26/99
Formal notice is hereby given that LOWER COLORADO RIVER AUTHORITY
Company proposes to place a TWO (2) BURIED WASTEWATER UTILITY LINES
line within the right -of -way of • U. S . 79 in WILLIAMSON County,
Texas as follows: (give location, length, general design, etc.)
At Highway Station 272 +42.87 from South R -O-W to north R -O-W place a 60" steel encasement
pipe containing a 48" gravity sewer approximately 13 feet deep. At Highway Station 272 +52.19
from south R - to north R - - place 36" steel encasement pipe containing a 24" reclaimed
pressure water line approximately 9 feet deep. The utility pipes will be installed by
boring from outside either side of the right -of -way. These sewr lines will not require man-
holes or any surface features within the R -O -W.
The line will be constructed and maintained on the highway right -of -way as shown on the attached drawing and in
accordance. with the rules, regulations and policies of the Texas Department of Transportation (TxDOT), and all
governing laws, including but not limited to the "Federal Clean Water Act," the "Federal Endangered Species Act," and
-- "Federal Historic Act." Upon request by TxDOT, proof of compliance with all governing laws, rules, and
alations will be submitted to TxDOT before commencement of construction.
Our firm will use Best Management Practices to minimize erosion and sedimentation resulting from the proposed
installation, and we will revegetate the project area as indicated under "Revegetation Special Provisions."
Our firm will insure that traffic control measures complying with applicable portions of the Texas Manual of Uniform
Traffic Control Devices will be installed and maintained for the duration of this installation.
The location and description of the proposed line and appurtenances is more fully shown by 3 complete
sets of drawings attached to this notice.
Construction of this line will begin on or after the is t day of august ,19 99 .
By signing below, I certify that I am authorized to represent the Firm listed below, and that the Firm agrees to the
conditions/provisions included in this permit.
Firm LOWER COLORADO RIVER AUTHORITY
By (Print) JAMES CLARNO. P.E.
Signature
Title MANAGER- WATER WASTEWATER UTILI
Address P.O. BOX 220
AUSTIN. TX. 78767 -0220
, 1) te a
Form 1023 (Rev. 09.93) •
(Previous Versions Obsolete)
^p Lower Colorado River Authority
P. 0. Box 220
APPROVAL
Austin, Texas 78767 - 0220 Date May 19, 1999
PERMIT NO. 012 -99- 00826 —UP
The Texas Department of Transportation (TxDOT) offers no objection to the location on the right-ell-way of your proposed
two (2) buried wastewater line as shown by accompanying drawings and notice dated April 26, 1999 except
as noted below. utility lines
It is expressly understood that the TxDOT does not purport, hereby, to grant any right, claim, title, or easement in or upon this
highway: and it is further' understood that the TxDOT may require the owner to relocate this line, subject to provisions of
governing laws, by giving thirty (30) days written notice.
You are requested to notify this office prior to commencement of any routine of periodic maintenance which requires pruning
of trees within the highway right -of -way, so that we may provide specifications for the extent and methods to govern in trimming,
topping, tree balance, type of cuts, painting cuts and clean up. These specifications are intended to preserve our considerable
Investment in highway planting and beautification, by reducing damage due to trimming.
le installation shall not damage any part of the highway and adequate provisions must be made to cause minimum inconveniences
traffic and adjacent property owners. In the event the Owner fails to comply with any or all of the requirements as set forth
herein, the State may take such action as it deems appropriate tb compel compliance.
• General Special Provisions:
SEE ATTACHED SHEETS OF SPECIAL PERMIT PROVISIONS.
SPECIAL ATTENTION TO "BORING AND TUNNELING ".
Please notify Ernest R. Bizzell 512- 930 -4700
construction of the line in order that we may have a representative present.
Texas Department of Transportation
FOR District Engineer -- District No. AUSTIN
vqie oo h a
Hwy. No. US 79
Beg.RM 564. Offset6730' EndRM Offset
Maintenance Section No. 012
Williamson
By: it 5/21/99
County
• Revegetation Special Provisions: In order to minimize erosion and sedimentation resulting from the proposed installation, the
project area will be revegetated
® in accordance with TxDOT's Standard Specification Item 164 which specifies the appropriate grass seed mix to be used, or
❑ as indicated on the attachment.
forty -eight (48) hours prior to starting
Boring and Tunneling
(A) General Requirements
Pipelines crossing under surfaced roads and roads carrying
traffic within limits of highway right -of -way shall be placed
by boring or tunneling unless otherwise specifically
authorized by the Texas Department of Transportation.
Boring or tunnels shall be placed at such depths below bottom
of pavements as to provide sufficient depth of soil above
hole for supporting superimposed live and dead loads and also
prevent collapse of supporting soil between hole and pavements
due to any boring, tunneling, or casing jacking operations.
Boring and /or tunneling shall extend past roadway crown lines
and outside of any shoulders adjacent to pavements.
Pits excavated for boring or tunneling operations shall be
located so that possible sloughing of sides of pit will not
endanger shoulders or pavements and so that barricades can be
placed as specified herein.
All operations and equipment relative to tunneling and boring
shall be confined to areas outside of roadway shoulders and
away from edges of pavements by suitable barricades.
Barricades shall be maintained clear of shoulders at all times
except that in no case shall the clear distance between
barricades and edge of pavement or face of curb be less than
8 feet.
(B) Boring
Where material beneath pavement is sandy or unstable and will
be subject to caving, hole for casing shall be bored and cased
simultaneously and bored material removed through casing.
Cutting face of auger or drill shall not project more than 6
inches ahead of casing and no water shall be used in
connection with . drilling.
Where material beneath pavement is stable and not subject to
caving, hole for casing may be bored first and casing inserted
in hole immediately after completion of boring if permitted
by the Texas Department of Transportation. Water shall not be
used in conjunction with drilling if it in any way causes
stable material to case or become unstable.
(C) Tunneling
While hole is being tunneled, casing shall be jacked into
place as operations progress except as hereinafter specified.
Utility section
December 31, 1992
Where necessary to use sectionalized steel liner plates, each
successive ring of plates shall be placed in position and
completely bolted into place as soon as excavation is
completed far enough ahead of completed casing to receive the
net ring.
Working face of excavation shall not precede advancing end of
casing by more than 2 1/2 feet unless otherwise permitted by
the Texas Department of Transportation.
No, explosives shall be used within the limits of highway
right -of -way in conjunction with tunneling except as specified
under "Use of Explosives" covered elsewhere in accompanying
specifications.
(D) Grouting
All voids around casing shall be pressured grouted with grout
consisting of Portland Cement and washed sand and containing
not less than 6 sacks of Portland Cement per cubic yard of
grout. Additional cement shall be added in workability and /or
stability cannot be obtained with the proportions indicated.
An air entraining agent may also be added to the grout mixture
to facilitate flow if necessary.
Grouting shall be done immediately after casing has been
installed in order to avoid andy shearing of soil and
settlement of overburden above casing.
Means shall be provided for proving that voids are filled
around 24" diameter and larger casings in the event there is
some doubt by the Texas Department of Transportation that
voids are being filled. on reinforced concrete casing this
may consist of holes drilling around inside of perimeter of
casing, and fitted with removable plugs, On steel casing,
removable threaded plugs may be provided at intervals around
inside perimeter of casing.
No holes shall be drilled in pavements or shoulders for
grouting operations.
Utility Section
December 31, 1992
(1) JGoordinaf�onaof,Work with Highway Contractor or State Forces
.•yC. i t
e? `� : 55 ��"'''t eCC ��^^ a4 �4 5`�y; « ,�:i�,,. ;• - , -. v,.• •:.. :,
iian�ofrelated highway;js�underconstruction; no`: :utilityowner's forces
s shall ente with n the highway right -of -way without first consulting the
tor.^ and tmalang,necessary,arrangements to,coordinate installation of its
lway,.,constniction.'ya, .., ; -
liwork retalivefo nstalla owner's facilities shall be conducted in such • ,manner :int i - fe (( re iniany:way with operations of the highway contractor.
3ra,p 13 The abbvere4uir'ements'with respect to coordination of work with highway contractors
shall likewise apply to work being done by state forces.
(2) Changes .in Location ?of - Proposed Utilities
,No changes stialt,be made in approved location of utilities within limits of highway right -
; , without authorization of Texas Department of Transportation.
(3) Adjustmentbf Utility Poles and Appurtenances
No deviations shall be made from the location of underground lines approved or
designated ; iy thePTexas Department of Transportation either during planning or
. r.
;construction t o;avoid utility poles. Where such poles are adjacent to any proposed
; underground.litie,autility owner shall make necessary arrangements with other utility
;,owner's ;for moving poles and appurtenances and/or supporting same during trenching
Any poles, anchors, etc. relocated to clear the proposed underground line shall be moved
towardthe "highway right -of -way line and location shall be subject to the Texas
_Departitient 'Of Transportation approval.
(4) Submission of Project Drawings to State
Prints of detailed drawings showing exact plan location and profile of underground lines
shall be submitted to the Texas Department of Transportation well in advance of
construction aline, for verification that location of line is in accordance with
' specified herein.'
Utility Section
Revised.December 18, 1992
Page 1 of 7 ,
artnient of Transportation
ustin ;Distrjct-
I FOR +INSTALLATION OF UTILITIES ON HIGHWAY
Sthki,i &�ofw' tilitvLines in Advance of Construction .
;shaIFbe;staked well inadvance construction ofline'so tthatth a Texas
epartment of Transportation can inspect staking to verify that alignment conforms to
requirements set,out and that there is no conflict with highway facilities.
tY'tp t1tl" i , er shall ve the Department of Trans ion no less than 48 hours notice
`���..� -�
,f tt p Y g P Transportation
do tMekwhert's>zaking of line will be completed . w: "% = r. i. - •
•:.., " � -;i, � ;, .,• ::. .. .. _ . ... ... . - •
Notilica i; n'of AEbandohnient of Location Authorized liy "and'Assignment of
Aut ldieiedrLocritiiin`of other Utility Owners : a, t
s of utility: line • has -been authorized, such
$installatign wrll:be made'within a reasonable period after approval of permit, otherwise, -
'the Department resolves the right to assign the location originally approved for the line to
.a so anotheiiµtility :;'a :.. . .
If construction of Utility line has not been started within 4 months after date of approval,
the utility owners shall immediately notify the Texas Department of Transportation
whether it is still intended to install the line and the date construction will commence. If
the;rivine intends to abandon all or any part of the authorized location, the Department
`$'shall ber}nforrned accordingly so that such abandoned location may be assigned 4o other
tilitiaifdeemed necessary by the Department.
(7) = lnsbection by Texas Department of Transportation Representatives
Utility ;owners Jhallinform their forces or contractors that all utility installations
<authorized.by.utility agreement or permit shall be subject to such inspection and tests as
may, be deemed necessary by the Texas Department of Transportation to verify that work
;,;iis ?done in accordance with Texas Department of Transportation requirements. All
supervisory personnel shall be instructed to furnish such information and cooperation as
May be required to perform such inspection.
"•Cliit.l }8'.g$ fi b .•
(8) Copy of at job .Site i
Acopy ofthe approved permit shall be kept on the site of the work at all times when work
is in progress. ;
(9) .Full -Time Supervision and Inspection .
The utility owner,shall provide competent full -time on- the -site supervisors or inspectors
for all utility installations either authorized by permit or covered by utility agreement
with the Texas Department of Transportation.
Utility Section
Revised December 18, 1992
- Pa6eq2 rtf 7
(10)''rncorrect Location of Utilities
Any pipe incorrectly located during construction to conflict with any highway,.structure
shall be removed and laid in proper location the,entire,expense of utility owner:
(11) Protection of Highway Facilities During Installation of Line
All Construction operations relative to installation of the pipeline shall be conducted to
such manner as to protect highway facilities from damage at all times.
(12) Disposal of Excess Excavation and Clean Up ,
Excess material from trench excavation shall be removed from highway right -of -way and
job site cleaned up and left in satisfactory condition.
(13) Repair and Replacement of Riprap and Earth Slopes
Any existing riprap cut by trenching operations shall be replaced and surface of new
riprap finished to match that of existing riprap. Concrete riprap shall contain no less
than 3 sacks of cement per cubic yard of concrete. Reinforcing steel shall conform to that
of existing riprap.
Slppes of highway cuts, embankments, and right -of -way damaged by any operations
relating to installation of utility shall be repaired and restored to the exact contour
existing prior -to initiation of the utility project. All earth placed in the restoration of
slopes, etc., shall be compacted to a density equal to or greater than that of the
original slope as directed by the Texas Department of Transportation representative.
(14) Replacement of Base and Pavements
Where removal of base and pavement has been authorized, all such base and pavement
shall be replaced as directed by the Texas Department of Transportation representative.
All existing pavement and related flexible or concrete base; which is to remain in service
either permanently or temporarily, or to be incorporated as a part of the highway
project, shall be replaced.
Utility Section
Revised December 18, 1992
Page 3 of 7
(15) Revegetation
The= permit holder is solely responsible ' for revegetation of all area's`dama q.r
' �tr'• resn ,.,.
destroyed by utility construction. The utility owner will beheld liable and p�r�lsib�le o ;
�
such areas until growth is reestablished to the satisfaction of an authorized re�iresentat ve•
of the Texas Department of Transportation. Revegetation practices will '•"consistLof�
� Y
, ' sn -xw w
or. more of the following applications deemed necessary and appropriate by an authorized
Wit' :.�,..,:_,.
representative of the Texas Department of Transportation:
Rate of type of application for seed mixture and for fertilizer be specified by ah:au
representative of Texas Department'of Transportation: Hydraulic blanket i
matting shall be used where deemed necessary by an authorized Texas Departinent'o
'Transportation representative.
?�<• ; ;
(16) Installation of Lines Beneath Pavements
Utility Section
Revised December 18, 1992
Page 4 of 7
Coastal Bermudagrass Hay Mulch
A mulch of Coastal Bermudagrass hay shall be spread uniformly at the rate of =2 i
T /acres. The area shall be hand mulched and anchored by cleating or crimping with'a`.
track machine. The area shall not be rolled with a rubber tire roller.
'1 's •
Ornamental landscape plantings of trees, shrubs and grasses that are damaged*
destroyed during construction of the utility for which the permit was issued `shall be
replaced by the Utility Owner with plant material of comparable size and quality..
- approved by an authorized representative of the Texas Department of Trans"'2ihation..
It
Revegetation measures'will begin as soon as'practical. The` Texas'Departiiieiit - of•, + `.
Transportation reserves•the right to require the immediate installation of rev getation
measures whenever deemed necessary by an authorized representative oftha-Te7cas
Department of Transportation.
;,
The Texas Department of Transportation reserves the right to require additional
revegetation measures deemed necessary by and authorized representative of the Texas
Department of Transportation at any time after construction has begun until the Texas
Department of Transportation has accepted the erosion control measures and
revegetation measures of the utility owner.
No open cuts for pipe trenches shall be made across any pavement beneath main
highway traffic lanes or turning lanes, acceleration lanes, deceleration lanes and other
similar facilities unless specifically authorized by the Texas Department of-Transportation.
Pipe shall be installed by boring and tunneling and boring shall be cased and pressure
grouted to seal voids between casing and adjacent earth. No open cuts will be
permitted across such connections where pavement has been constructed without written
permission of the Texas Department of Transportation .
. (17) ;Casing
• ;v Utilit m
c an 4n� ary n :liquids pressure may be installed uncased;in'
Y.;";s';t:y � .�. •
accordance vrilh the:Texasr epa me of Transportation Utility Accommodation • 64.- ti7,*•aa£Y vft e: i} 7 �i` ° "B
Policy. Waterline crossing beneath�ctily shall be cased and casing shall project 5'
beyond outside limits of eulyei c),Toids:and casing placed by tunnelling or boring be
pressure grouted ,...
Eznlosi4es
No explosives shall be" used' itliin+ imits'of I gfiway right -of -way without written
ermission of the TexaaD'e ;
p prtnient of Transportation .
Requests for permission to us_e�exnolosiv include the following information:
(a) `Locati of highwayrw,here;use of explosives is proposed.
(b) Type and amount;of exp b used.
lithe use of any explosives is permitted, all blasting operations must be conducted in
such manner as to completely protec adjacent property and the traveling public and not
interfere with highway traftic.;.No blasting will be permitted in the vicinity of any
structures or beneath any pa vements which are to remain in use.
(19) Protection of Highway Traffic,.Barricades, Warning Signs,Etc.
•
No construction, operations'aelanye tolrisrallations of ° utilities will be permitted within the
rc
limits of existing pavements'carrying; afBc,",gr shoulders adjacent thereto, unless
specifically aiitliorized by "the Tezas Department of Transportation. Excavated materials
shall be kept off pavement at itlitimes ,;;
Barricades, warning signs, flares, flashing devices and flagmen shall be provided by the
utility owner or his contractor when necessary.
(20) Protection of Existing Utilities
(a) Prior to selecting a location;for a proposed installation or accepting a location
suggested, by , the ,; Stateiorsuch,jnstallation, the Utility Company shall take all
necessary steps t o iletenntne that the location is not already occupied by
another utility and to determine that no damage will be done to existing
utilities
(b) Prior to beginning actual construction operations, the utility-company shall
notify all other utility, companies who may have facilities in the area so
they can determine if the proposed construction will conflict with or otherwise
damage. their facilities.
Utility Section
Revised December 18,.1992
Page 5 of 7
,Use.ordrifisiit PiP iicr-N'onmetlifliCTiliE• ,,
w - - ..;•, '-:,t''". - '
monmetallic,nibels,„'ins al eti itudinally, wire S1iail'beCO'nei4iently
430 ,,, ..; - , n : , - ,
or other-means,stialLbeprovided,fondefection purposes.
„„,,,,,,,...: ,..,_ _,,,,,, .., -.
, • ••
d '' ,.-6 iiii ' Midi' . k id il il d Utilities
......,, - •, '7'.. -:it:i-,......: .. . ..
Aboy,e':ground insfailatiopii pedestals, fire hydrants, meters, etc., installed as - a part
„,- - , k, , ,,• ''•&
..
. kaiiiyiaerground utility slialtbelbeited-At Or near the right-of-way, well outside the
.,4,- " , 1•••::- ' !,•-,.. ' - ,,', .,!1".;,4 :i •,',.,. -,,, -
- highway maintenance:cifierati re.d:4` ,W.-' ., - • ' '
0.tiv , -
,, , f:. .A..,..,-:.:1 ...p, . , , • , '
,•3),ylVdeark•eili ''.-..
,,c, • ., 0 , -, ,
bn utility 'eo slial raailiidentihable and suitable marker at each right-of-
Wifline clo'is'inlse where marked by a vent.
Utility Section
Revised December 18, 1992
Page 6 of 7
04Ytrosion Control
, ' . .• , • ,
Tirrnit holder itileli'ees"plririsible fbr the control of any eroding materials that are
Ah6 result of the "dorsinicii&i Of tile'utilitY; for which the permit was
issued.
• • Temporary Erosickb;iiililiiia-'•' •
Geofab silt fence or comparable product approved by an authorized representative of the
•
• tie installed surrounding spoil sites, fill piles
-`Aiicl'ex66at eM to ik materials into surrounding areas.
• Coastal Bermudagrass hay bales, when approved by an authorized Texas Department of
Transportation representative, may be used in non-critical construction areas to surround
spoiNites, fill piles and excavated areas to control runoff or siltation of materials into
surrounding areas.
Permanent Erosion Control
Whenever an underground utility crosses the centerline of a drainage channel or enters the
4fleo tine Of a drainage concrete cap or comparable permanent protection
apprbved by an aiiihOriiecfiekOntaiiSie 'of the Texas Department of Transportation
:,
• •• • 7, ,
. The Texas Department of Transportation reserves the right to require any additional
erosion control measures that are deemed necessary by an authorized representative of
theTekas Departineiit ofTnsotin at any time after construction has begun until
the TeXaSEteParlinint of Transportation has - accepted the erosion control measures
— incfr'evegeiaticin measures of the utility Owner.
, .
(25) General Provision
The Department will not be responsible for damage to this line by maintenance or
construction machinery,
(26) Protection of Trees Within Highway Right - of - Way
All construction operations relative to installation of utilities shall be conducted in such
manner as to protect trees from damage at all times.
Location of trees shall be noted on plans submitted with permit request.
Utilities placed within the dripline of desirable trees shall be bored or hand dug to prevent
root damage and loss of trees.'
Tree trimming shall be in accordance with Texas Department of Transportation
Guidelines.
Utility Section
Revised December 18, 1992
Page 7 of 7
STATE OF TEXAS
COUNTY OF WILLIAMSON
DATE:
RECLAIMED WATER AND WASTEWATER LINE
EASEMENT AND RIGHT -OF -WAY
J y /,4 , 2004
GRANTOR: LOWER COLORADO RIVER AUTHORITY, a Texas conservation and reclamation district
GRANTOR'S MAILING ADDRESS: P. O. Box 220
Austin, Texas 78767
GRANTEE: CITY OF ROUND ROCK, TEXAS, a home rule city
GRANTEE'S MAILING ADDRESS: 221 East Main Street
Round Rock, Texas 78664
CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged.
EASEMENT PROPERTY: A strip of land not to exceed twenty (20) feet in width, the centerline thereof being the
PROJECT as Installed, across four (4) tracts of land being more particularly described as a 31.347 acre tract and a 1.955
acre tract, more or less, out of the Joseph Marshall Survey and described in that certain deed recorded in Document No.
96663491, and as a 3.637 acre tract and a 37.15 acre tract, more or less, out of the Joseph Marshall Survey and described
in that certain deed recorded in Document No. 2000072244, Official Public Records of Williamson County, Texas.
PROJECT: Reclaimed water and wastewater lines and all necessary or desirable appurtenances thereto owned by
GRANTEE including, without limitation, cleanouts, manholes, and communications equipment related to the operation
thereof. The PROJECT includes those facilities to be conveyed by GRANTOR to GRANTEE pursuant to that certain
Supplemental Wastewater Construction and Disposal Contract between GRANTOR and GRANTEE entered into on or
about April 13, 2000, as amended.
GRANTOR, for the CONSIDERATION paid to GRANTOR, hereby grants, sells, and conveys to GRANTEE
an easement and right -of -way in, upon, under, over and across the EASEMENT PROPERTY, together with all and
singular the rights and appurtenances thereto in any wise belonging, to have and hold to GRANTEE and GRANTEE'S
successors and assigns forever. The easement, right -of -way, rights, and privileges herein granted shall be used for the
purposes of excavating for, laying, constructing, placing, operating, maintaining, reconstructing, replacing, rebuilding,
upgrading, renewing, removing, inspecting, patrolling, changing, modifying, or repainng the PROJECT, or any part of
the PROJECT, and making connections therewith. The easement hereby granted shall not exceed 20 feet in width, the
centerline thereof being the PROJECT as installed.
GRANTEE shall have the right of ingress and egress at all times upon and across the EASEMENT PROPERTY
for the above stated purposes In the event that immediate access to the EASEMENT PROPERTY is not reasonably
available over the EASEMENT PROPERTY, and only in that event, then GRANTEE shall have the right of ingress and
egress over existing roads across the adjacent or remainder property of GRANTOR for the purpose of obtaining such
access. In the event that such access is not reasonably available over the EASEMENT PROPERTY and not available
over existing roads, and only in that event, GRANTEE shall have the right of reasonable ingress and egress over the
adjacent property of GRANTOR along any route that is reasonable and appropriate under the circumstances then existing
in order to obtain such access
Chandler Creek
W/WW
GRANTEE shall have no right to license, permit, or otherwise agree to the joint use or occupancy of the
EASEMENT PROPERTY by any other person or entity. GRANTEE shall have the right to conduct archeological,
historical, environmental, and other studies on the EASEMENT PROPERTY but only in connection with the exercise of
the rights granted herein. GRANTOR, its successors or assigns, shall not place or store any material upon, or cover,
bury, pave over, or otherwise obstruct, any clean out, valve, meter, or manhole located within the EASEMENT
PROPERTY.
GRANTOR agrees that GRANTOR shall not place any structure or materials in or on the EASEMENT
PROPERTY that may endanger or may interfere with the safe, efficient, or convenient operation, or maintenance of the
PROJECT or the rights of ingress and egress granted herein. In the event that GRANTOR shall place any unpermitted
structure or materials within the boundaries of the EASEMENT PROPERTY and fails to remove same within three days
of receipt of written notice delivered certified mail, return receipt requested by GRANTEE, GRANTEE shall have the
right, but not the obligation, to remove such encumbrances and charge GRANTOR for any and all costs connected with
such removal including, but not limited to, contractors' fees, equipment costs, and notification costs.
GRANTOR shall have the right to use the surface of the EASEMENT PROPERTY, subject to the restrictions
set out herein, so long as such use does not interfere with the PROJECT.
GRANTEE agrees that upon completion of construction or reconstruction of the PROJECT, all surplus
excavation, debns, trash, or litter resulting from construction or reconstruction shall be cleaned up and disposed of off
GRANTOR'S property. GRANTEE at all times after completing any work in connection with the PROJECT will restore
the surface of the EASEMENT PROPERTY, as nearly as possible, to the condition in which the EASEMENT
PROPERTY was found immediately before such work was undertaken; however, GRANTOR understands and agrees
that vegetation cleared from the EASEMENT PROPERTY will not be replaced.
It is understood and agreed that the CONSIDERATION herein paid includes payment for all damages for the
initial construction and ordinary operation and maintenance of the PROJECT but does not include damages, if any, to
GRANTOR'S remainder property which may occur in the future after the original construction of the PROJECT, directly
resulting from the reconstruction or repair of the PROJECT.
GRANTOR expressly reserves all oil, gas, and other minerals owned by GRANTOR, in, on, and under the
EASEMENT PROPERTY, provided that GRANTOR shall not be permitted to drill or excavate for minerals on the
surface of the EASEMENT PROPERTY, but GRANTOR may extract oil, gas, or other minerals from and under the
EASEMENT PROPERTY by directional dulling or other means which do not interfere with or disturb GRANTEE'S use
of the EASEMENT PROPERTY.
The rights granted to GRANTEE in this EASEMENT are not assignable. This instrument, and the terms and
conditions contained herein, shall inure to the benefit of and be binding upon GRANTEE and GRANTOR, and their
respective successors.
GRANTOR warrants and shall forever defend the easement to GRANTEE against anyone lawfully claiming or
to claim the easement or any part thereof.
When the context requires, singular nouns and pronouns include the plural. When appropriate, the term
"GRANTEE" includes the employees, agents, subsidianes, officers, servants, contractors, and successors of GRANTEE.
Chandler Creek
wnvw
2
GRANTOR:
Lower Colorado River Authority
Rand }l Gos , P.E., Executive Manager
Water & Wastewater Utility Services
STATE OF TEXAS
COUNTY OF TRAVIS
This instrument was acknowledged before me on 1u "✓ , 2004 by
Randy Goss, P.E., Executive Manager, Water and Wastewater Utility Services of the Lower Colorado River Authority, a
Texas conservation and reclamation district, on behalf of said district.
AFTER RECORDING RETURN TO:
Lower Colorado River Authonty
P. O. Box 220
Austin, Texas 78767 -0220
Attn: M.A. Pace
Chandler Creek
wnvw
ACKNOWLEDGMENT
§
§
3
Notary Public, State of Texas
05 /15 /00 MON 17:11 FAX 5122449623
02( 3 ev, 943)
(Previous version(,) we obsolete,)
To the Texas Transportation Commission
do District Engineer
fexas Department of Transportation
Williamson County ,Texas
Construction of this line will begin on or after the 1 c t day of July
Baker- Aicklen /RR -vi-v TSKEEN
Notice of Proposed Installation
Utility Line on Non - Controlled Access Highway
ON 2-o0-0035-4 - 1.( ?
Date
Formal notice is hereby given that Lower Col orado River Au thority
Company proposes toplacea48" gravity wastewater line and 24" non- potable pressure line in encasemen
line within the right -of -way of Mokan R -O -W in Wi 11 i amson County,
Texas as follows: (give location, length, general design, etc)
Install 267 LF of 60" steel encasement pipe with a 48" gravity wastewater carrier pipe and
272 LF of 36" steel encasement pipe with a 24" non - potable water pressure pipe across the old
.'Tlokan" P.O.W. (State of Texas). The crossing will be 400 feet east of the centerline of
Chandler Creek. There is no existing roadway within the R.O.W. Therefore, the pipes will be
installed by open trench construction.
The line will be constructed and maintained on the highway right -of -way as shown on the attached drawing and in
accordance with the rules, regulations and policies of the Texas Department of Transportation ( TxDOT), and all
governing laws, including but not limited to the "Federal Clean Water Act," the "Federal Endangered Species Act," and
t Federal Historic Preservation Act." Upon request by TxDOT, proof of compliance with all governing laws, rules, and
dlations will be submitted to TxDOT before commencement of construction.
Our firm will use Best Management Practices to minimize erosion and sedimentation resulting from the proposed
installation, and we will revegetate the project area as indicated under "Revegetation Special Provisions."
Our firm will insure that traffic control measures complying with applicable portions of the Texas Manual of Uniform
Traffic Control Devices will be installed and maintained for the duration of this installation.
The location and description of the proposed line and appurtenances is more fully shown by complete
sets of drawings attached to this notice.
By signing below, I certify that I am authorized to represent the Firm listed below, and that the Firm agrees to the
conditionslprovisions included in this permit.
Firm Lower Colorado River Authority
By(Print) Anthony Skeen, P.E.
Signature (LN..imn lr
Title Project M - Water /Wastewater
Address 3700 Lake Austin Blvd., H 300
Austin, TX 78703
Phone No. (512) 473 -3567
February 28, 2000
,k9( 7010 .
la 002
05/15/00 MON 17:11 FAX 5122449623
•
Form 1023 (Rev. 09.93)
(prvoun Versions Obsolete)
To: LOWER COLORADO RIVER AUTHORITY
3700 LAKE AUSTIN BLVD., H 300
as noted below.
Baker- Aicklen /RR
APPROVAL
Hwy. No. S.H. 130
Beg.RM Offset EndRM Offset
Maintenance Section No.
WILLIAMSON
AUSTIN. TX. 78703 Date MAT 9, 2000
e p PBB1 T NO. 012 WA az& epartmeent Transportation (Th.DOT) offers no objection to the location on the right - of-way of your proposed
line as shown by accompanying drawings and notice dated 2/28/00 except
It is expressly understood that the TxDOT does not purport, hereby, to grant any right, claim. title, or easement in or upon this
highway: and it is further understood that the TxDOT may require the owner to relocate this line, subject to provisions of
governing laws, by giving thirty (30) days written notice.
You are requested to notify this office prior to commencement of any routine of periodic maintenance which requires pruning
of trees within the highway right -of -way, so that we may provide specifications for the extent and methods to govern in trimming,
topping, tree balance, type of cuts, painting cuts and clean up. These specifications are intended to preserve our considerable
it rent in highway planting and beautification, by reducing damage due to trimming.
The installation shall not damage any part of the highway and adequate provisions must be made to cause minimum inconveniences
to traffic and adjacent property owners. In the event the Owner fails to comply with any or all of the requirements as set forth
herein, the State may take such action as it deems appropriate to compel compliance. _
• General Special Provisions:
SEE ATTACHED SHEETS OF SPECIAL PERMIT PROVISIONS.
SPECIAL ATTENTION TO "LONGITUDINAL UTILITY LINE INSTALLATIONS ".
• Revegetation Special Provisions: In order to minimize erosion and sedimentation resulting from the proposed installation, the
project area will be revegetatcd
n in accordance with TxDOTs Standard Specification Item 164 which specifies the appropriate grass seed mix to be used, or
❑ as indicated on the attachment.
Please notify TRAVIS REMMERT (512) 930 -4700
construction of the line in order that we may have a representative present.
Texas Department of Transportation
.44 TSKEEN iDoo3
012
forty - eight (48) hours prior to starting
By: 2 ( 5/9/00
FOR District Engineer -- District No. AUSTIN
County
ii..
ENERGY• WNER • COMMUNITY SERVICES
July 15, 2004 VIA FAX (402)997 -3601
And US Mail
Mr Tom Judkins
Union Pacific Railroad Company
Real Estate Department
1800 Farnam Street
Omaha, Nebraska 68102
Subject: Existing 24" and 48" Pipeline Crossings
Folder Nos. 01772 -15 and 01755 -18
Dear Mr. Judkins:
The Lower Colorado River Authority (LCRA) obtained two pipeline crossing agreements
from the Union Pacific Railroad Company in 1999 for a 24" non - potable and a 48"
wastewater line at Mile Post 157.540 on the Austin Subdivision at or near Round Rock,
Williamson County, Texas. Pursuant to an agreement between the LCRA and the City
of Round Rock, both of these lines will be acquired by the City.
We would appreciate your providing assignment documents for both of the crossings
referenced above. The contact person and responsible party for the City of Round
Rock will be Mr. Tom Clark, Director of the Water And Wastewater Utility, 212
Commerce Cove, Round Rock, TX 78664.
If you have any questions, please feel free to contact Mr. Clark at (512) 341 -3146 or
myself at (512) 473 -3386.
Thank you.
Sincerely,
ames R. Clarno, P.E.
Manager of Utility Development
cc: Mary Ann Pace, LCRA
Tom Clark, Round Rock
P.O. BOX 220 • AUSTIN, TEXAS • 78767.0220 • 1512) 473 -3200 • 1 -800- 776 -5272 • WWW.LCRA.ORG
1
P il - 0/LolviAA
Date:
✓e/ / / (o
BILL OF SALE AND ASSIGNMENT
,2004
Grantor: Lower Colorado River Authority, a Texas conservation and reclamation district
Grantor's Mailing Address: Lower Colorado River Authority
P. O. Box 220
Austin, Texas 78767 -0220
Grantee: City of Round Rock, Texas, a home rule city
Grantee's Mailing Address: 221 East Main Street
Round Rock, Texas 78664
Consideration: Ten Dollars ($10.00) and other good and valuable consideration in hand
paid by Grantee.
Facilities: See Exhibit "A" attached hereto.
Intangible Assets: See Exhibit `B" attached hereto.
Grantor, for the consideration herein expressed, sells, assigns, and transfers to Grantee:
a) the Facilities as described on Exhibit "A"; and,
b) the Intangible Assets described on Exhibit `B."
Reference is hereby made to that certain Supplemental Wastewater Construction and
Disposal Contract entered into on or about Apnl 13, 2000, as amended, between Grantor and
Grantee ( "Contract "). The covenants, representations and warranty disclaimers set forth in the
Contract are incorporated herein by reference as if such covenants, representations or disclaimers
were fully set out herein. Grantee acknowledges and agrees that such covenants, representations
and disclaimers, though not set forth herein in full, are applicable and effective with respect to the
conveyance, assignment and transfer evidenced hereby.
When the context requires, singular nouns and pronouns include the plural. References
to defined terms shall refer to those terms as defined in the Contract.
Executed effective W',S/' /4 , 2004.
Chandler Creek
Bill of Sale and Assignment
GRANTOR:
LOWER COLORADO RIVER AUTHORITY
By:
Rand Gos /'.E., Executive Manager
Water & Wastewater Utility Services
ACCEPTED:
Chandler Creek 2
6d1 of Sale and Assignment
GRANTEE:
CITY OF ROUND ROCK, TEXAS
By:
Na rr�✓ �IM /'14SL
Title: n l Mp+rtler
EXHIBIT A
Facilities
1. Those certain reclaimed water and wastewater improvements arising from the
construction of Chandler Creek, Phase I, as more fully described in that certain contract
between the Lower Colorado River Authority and Heyl Construction, Ltd., dated on July
19, 1999, which contract includes the contract documents and specifications for
construction as well as all change orders thereto.
2. Those certain reclaimed water and wastewater improvements arising from the
construction of Chandler Creek, Phase II, as more fully described in that certain contract
between the Lower Colorado River Authority and Heyl Construction, Ltd., dated on July
12, 2000, which contract includes the contract documents and specifications for
construction as well as all change orders thereto.
Chandler Creek 1
Bill of Sale and Assignment
EXHIBIT B
All contracts, option rights, permits, certificates, licenses, reimbursement rights, service
agreements, construction records, warranties, repair records, regulatory reports and
correspondence and other intangible assets of Grantor, if any, which are related to the ongoing
operation and ownership of the Facilities.
Chandler Creek 1
Bill of Sale and Assignment
Intangible Assets
DATE:
ASSIGNMENT OF EASEMENTS
%/v% y /G , 2004
ASSIGNOR: LOWER COLORADO RIVER AUTHORITY, a Texas conservation and
reclamation district
ASSIGNOR'S MAILING ADDRESS: P.O. Box 220
Austin, Texas 78767
ASSIGNEE: CITY OF ROUND ROCK, TEXAS, a home rule city
ASSIGNEE'S MAILING ADDRESS: 221 East Main Street
Round Rock, Texas 78664
CONSIDERATION: Ten dollars and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged
PROPERTY: All of the easements described on Exhibit A attached hereto and
incorporated herein for all purposes.
PROJECT: Chandler Creek/City of Round Rock Reclaimed Water and Wastewater
Systems
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE:
All the rights of the underlying fee owners; easements and rights -of -way of
record; all presently recorded restrictions, reservations, covenants, conditions, oil and gas
leases, mineral severances, and other instruments; any other easements, liens, and
encumbrances of record that affect the Property, discrepancies, conflicts, or shortages in
area or boundary lines; and any encroachments or overlapping of improvements.
CONVEYANCE:
Assignor, for the consideration and subject to the above - stated reservations and
exceptions, grants, sells, and conveys to Assignee the Property, together with all and
singular the rights and appurtenances thereto in any wise belonging, to have and to hold
the same to Assignee, Assignee's successors and assigns forever and Assignor does
hereby agree to warrant and forever defend the title to same to Assignee against any other
persons lawfully claiming same by, through or under Assignor, but not otherwise.
Chandler Creek
1
Chandler Creek
When the context requires, singular nouns and pronouns include the plural.
STATE OF TEXAS
COUNTY OF TRAVIS
Lower Colorado River Authority
P.O. Box 220
Austin, Texas 78767
Attn: M.A. Pace
Lower Colorado River Authority
By:
ACKNOWLEDGMENT
2
Randy Go , P.E., Executive Manager
Water & Wastewater Utility Services
This instrument was acknowledged before me on y /4 , 2004
by Randy Goss, P.E., Executive Manager, Water and Wastewater Utility Services of the
Lower Colorado River Authority, a Texas conservation and reclamation district, on
behalf of said district.
611
Notary Public, State of Texas
kzumia) _
ac.60.())0,A.Ga.)
pL
0/Lcuyteu.tio
C A,t_,€, J J
TY1 GRl2 e, a)
c-&-PAT- f°4-)
lioic)v +as)
EXHIBIT A
1. Water and Wastewater Easement and Right -of -Way dated November 2, 1999
granted by B. J. Williams to the Lower Colorado River Authority and recorded in
Document No. 199983741 of the Official Public Records of Williamson County,
Texas.
2. Water and Wastewater Easement and Right -of -Way dated March 18, 2000
granted by the Clark Family Residence Trust to the Lower Colorado River
Authority and recorded in Document No. 2000019405 of the Official Public
Records of Williamson County, Texas.
3. Water and Wastewater Easement and Right -of -Way dated March 22, 2000
granted by Michael Glenn Griffin and wife, Carrie Louise Griffin to the Lower
Colorado River Authority and recorded in Document No. 2000019404 of the
Official Public Records of Williamson County, Texas.
4. Water and Wastewater Easement and Right -of -Way dated October 11, 2000
granted by Lennar Homes of Texas Land & Construction, Ltd. to the Lower
Colorado River Authority and recorded in Document No. 2000069322 of the
Official Public Records of Williamson County, Texas.
5. Permit No. 012 -00- 00354 -UP dated February 20, 2000 granted by Texas
Department of Transportation to the Lower Colorado River Authority.
6. Permit No. 012 -99- 00826 -UP dated April 26, 1999 granted by Texas Department
of Transportation to the Lower Colorado River Authority.
7. Pipeline Crossing Agreement, Folder No. 01772 -15 granted by Union Pacific
Railroad Company to the Lower Colorado River Authority.*
8. Pipeline Crossing Agreement, Folder No. 01755 -18 granted by Union Pacific
Railroad Company to the Lower Colorado River Authority.*
Chandler Creek
*Will convey upon written consent from Union Pacific Railroad Company
1
SCANNED #20.7./;11
R D. Uhrich
Assistant Vice President
J. A. Anthony
Director- Contracts
D. D Brown
Director -Real Estate
M. W. Casey
General Director-Special Properties
J P. Gade
Director - Facility Management
MS. PATRICIA FAIRFIELD
LOWER COLORADO RIVER AUTHORITY
P.O. BOX 220
AUSTIN, TX 78767 -0220
UNION PACIFIC RAILROAD COMPANY
Real Estate Department
1800 Famam Street
Omaha, Nebraska 68102
Fax (402) 997-3601
July 22, 1999
Folder No. 01755 -18
RE: Proposed 24" Treated Wastewater Pipeline Crossing of Railroad Property at Mile Post 157.540 on the
Austin Subdivision at or near Round Rock, Williamson County, Texas.
Dear Patricia:
Attached is your original copy of a Contractor's Right of Entry Agreement, fully executed on behalf of the
Railroad Company.
In accordance with the terms of the Agreement, you are required to notify the following Railroad
Company's Manager of Track Maintenance and the Fiber Optics Hot Line at least 48 hours in advance of the date
you plan on entering the right of way for further instructions and approval to commence construction.
Mr. Oscar Escamilla, MTM
Union Pacific Railroad Company
311 East Bagdad
Round Rock, TX 78664
Phone: 512/271 -2140
Fax: 512/255 -5966
Fiber Optics Hot Line: 1 -800 -336 -9193
o3-$
J. L. Hawkins
Director .Operations Support .
M. E. Heenan
Director- Adminlatration 8 Budgets
D. H. Lightwlne
Director -Real Ealata
T. K. Love
Director -Real Estate
As an additional note, the casing and carrier pipe must be placed a minimum of two (2) feet below the
existing fiber optic cable. Any excavation required within five (5) feet of an existing fiber optic cable must be hand
dug.
Sincerely yours,
Mary Gross
Contracts Representative
(402) 997 -3623
PL X&E ROB 940201
Form Approved, AVP -Law
AUDIT ° 7 Og 1 1
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
-I d
THIS AGREEMENT is made and entered into as of the -aay of
19 32, by and between UNION PACIFIC RAILROAD COMPANY, a Dela orporation,
(hereinafter the "Railroad ") and /Ye y / CO314 fI a c . 6 a y 641
a 7 — e....1-4J corporation/partnership, whose address is
/5%?o C✓2 ?CS e'e4+ -, 77-k- )'8 '/
(hereinafter the "Contractor").
RECITALS:
Folder No: 01755 -18
The Contractor has been employed by LOWER COLORADO RIVER AUTHORITY
for the purpose of constructing (hereinafter "work ") only a 24" treated wastewater pipeline
crossing on and across property of the Railroad at or near Mile Post 157.540, Austin Subdivision,
near Round Rock, Williamson County, Texas.
The Contractor has requested the Railroad to permit it to perform the work and Railroad
is agreeable thereto, subject to the following terms and conditions.
AGREEMENT:
NOW, THEREFORE, it is mutually agreed by and between the Railroad and Contractor,
as follows:
Article L DEFINITION OF CONTRACTOR
For purposes of this Agreement, all references in this Agreement to the Contractor shall
include the Contractor's contractors, subcontractors, officers, agents and employees, and others
acting under its or their authority.
Article IL RIGHT GRANTED: PURPOSE.
The Railroad hereby grants to the Contractor the right, during the term hereinafter stated
and upon and subject to each and all of the terms, provisions and conditions herein contained, to
enter upon and have ingress to and egress from the property described in the Recitals hereof and
as shown on the attached print dated April 28, 1999, marked Exhibit A, for the purpose of
performing the work described in the Recitals above. The right herein granted to Contractor is
limited to those portions of the Railroad's property specifically described herein, or designated by
the Railroad representative named in Article V.
Article IIL TERMS AND CONDITIONS CONTAINED IN EXHIBITS B AND B-1.
The terms and conditions contained in Exhibits B and B -1, hereto attached, are hereby
made a part of this Agreement.
Article IV. ADMINISTRATIVE FEE.
Applicant shall pay to the Railroad FIVE HUNDRED DOLLARS (S500.00) as
reimbursement for clerical, administrative and handling expense in connection with the processing
of this Agreement.
Article V. ALL EXPENSES TO BE BORNE BY CONTRACTOR;
RAILROAD REPRESENTATIVE.
The Contractor shall bear any and all costs and expenses associated with any work
performed by the Contractor, or any costs or expenses incurred by the Railroad relating to this
Agreement. All work performed by Contractor on Railroad's property shall be performed in a
manner satisfactory to the respective local Superintendent of Transportation Services of the
Railroad or his authorized representative (hereinafter the "Railroad Representative ").
Article VL TERM; TERMINATION.
A. The grant of right herein made to Contractor shall commence on 7 ,
and continue until ! - a 7- Ro j 0 , unless sooner terminated as herein provided, or at
such time as Contractor has completed its work on Railroad's property, whichever is earlier.
Contractor agrees to notify the Railroad Representative in writing when it has completed its work
on Railroad property.
B. This Agreement may be terminated by either party on ten (10) days' written notice to
the other party.
Article VIE. CERTIFICATE OF INSURANCE.
A. Before commencing any work, the Contractor will provide the Railroad with a
Certificate, identifying Folder No. 01755 - 18, issued by its insurance carrier providing the insurance
coverage required pursuant to Exhibit B -1 of this Agreement in a policy which contains the
following type of endorsement.
UNION PACIFIC RAILROAD COMPANY is named as additional insured
with respect to all liabilities arising out of Insured's, as Contractor, performance
of any work on the property of the Railroad.
B. Contractor warrants that this Agreement has been thoroughly reviewed by its
insurance agent(s)/broker(s) and that said agent(s)/broker(s) has been instructed to procure
insurance coverage and an endorsement as required herein.
C. All insurance correspondence shall be directed to: Folder No. 01755 -18, Union
Pacific Railroad Company, Real Estate Department, 1800 Farnam Street, Omaha, Nebraska
68102.
Article VEIL CHOICE OF FORUM.
Litigation arising out of or connected with this Agreement may be instituted and
maintained in the courts of the States of Nebraska and Texas only, and the parties consent to
jurisdiction over their person and over the subject matter of any such litigation, in those courts,
and consent to service of process issued by such courts.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
as of the date first herein written.
UNION PACIFIC RAILROAD COMPANY
By ,.,� ('.
C * S" . Representative
WITNESS
BY - �Co tra1): G
�
Title yeei .:i p P� r�
MAR.24.1999 2 :16PM LCRA WATER RESOURCES
PLACE ARRON INDICATING NORTH 03
DIRECTION RELATIVE TO CROssIMb r
West
L_,.Round Rock
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AUDIT c2 / 0 9 / - 7
• APPLICATION FOR ENCASED
• NON-FLAMMABLE PIPELINE CROSSING
NOTE: ALL AVAILABLE DIMENSIONS MUST BE
FILLED IN To PROCESS THIS APPLICATION.
®
•
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1w70 MIS 73 01 1 ■ON10m IM AM. 11is
11 L4C.r11. &MOT W11M O RI00s. a 170"01
TO ..uu 11 uN1 a 1talMml
30 S P/•
50 Fr. - 0 Ft. w SST.
1
FT.
3310. 011?
1 .- 1 ,. fT
Pa11M1
1.37r 0104
FT. In Ft. OM)
CUM/ In Ism Iwo 41
Al
S) IF YE5 NAME OF STREET
DISTRIBUTION LINE OR TRANSMISSION LINE
CI CARRIER PIPE 1
a10
COrDITT TO BE CONVEYED Treated Wastewater
OPERATING PRE55111 P51 IIULL11e
BALL THICKNESS n 17 :11IA0ETER 24 !MATERIAL Iron ;
El CASING PIPE
WALL THICKNES I D • DIAMETER 3611 !MATERIAL steel
OUTSIDE DIAMETER OF CARRIER HAVE AND INTERIORS BETWEEN GREATEST
7051)40 PIPE. 1 3EN FURNISHING DIMENSIONS. GIVE OUTSIDE OF
FI METH00 I
OFINSTALLIND INSIDE CASING PIPE. UNGER TRACKI SI:
X DRT BORE AND JACK I WET BORE NOT PERUITtEOI
TUNNEL ;OTHER
CI WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR?, _-TES;....__NO;
HI DISTANCE FROU CENTER LINE OF TRACK TO NEAR FACE OF AOpp��1 AND
JACKING P T5 WHEN MEASURED At RIGHT �1NCLES TO TRACK ' RH
11 APPLICANT HAS CONTACTED, Mark Ether) 1
OF U. P. COLNUNICATION OEP O OT EN N HAS DETE IC D FIBER CABLE-..Y_DOES ;�_ I E>IL57�N Y Y
RORK TO BE PERFORMED . TICKET N0. VGD
y
C _ r 0111110 PUL
®
j . - .. 250„..
..0007 3 1101310 3.0.107N 11oi *l0m *330 0106100.1
Alt 110131.1.1 01170000 71 30 1[)4010 Sr 01101 2103.31 POW • OP 11011.
11 10 1 0071 e er iii Ir MSCawo 0 11 0 0 1 1 0p� l i0 MM. es .0*.
1. ammo a Mr 31D. 707 DO 11 sr, 111700&0 1111107, 1 11 017 033.001T. O1 10010 .r7 3377001w 3011. •
.. sloNI, 0 010 71 717 17 0 WT 1t PUMP 01334 1M07.LLsr1A IP 1.611/30 a10Wt1 &*t IP T IK 3031011100.
51 244.3*043.1 11113 111077 1073477 110011.3,1 OP •30001 0 v *001 010111131 0 040 3130 •1+00071 1 0101 10.0 0M30I, q 03.01111.
01 013110 100 110110 0C WIT 1 1: 10 0.010 A MADAM OF 7 3177 00.01 7330 17111110 11330 0 1103.0. MR LIW1&Tl01 3701100 017411
1 Fora TTR 10011110 3 !071 00713 0*121 1 037 13 1110 7330,
15 PIPELINE CROSSING RITNIN DEDICATED STREET Y TESI-2.-NO;
50 rr. East
01 Hutto y
tk1..11T as 10.1,
5 1 j I 1 1 1 1
•Aw13011
STEEL CASING WALL
THICKNESS CHART
1 N1 1Ar
7331 0MEii
.3300` 1,4.
.3111' vm
.3 710 • 3/11'
•0310 7111•
.1000• IIr
m 5• $111•
.1250' 1,311'
EXHIBIT "A"
IN ALL 011•04 6 7. commotion
tomwor loaf OA 1o:10m 01 407&+72
OP On 30"1 10 DOOMINL 101111071 w
10'+7101 Or 0110 ant out
how I- 30o.330.1113
FORM DR- 0404 -e
REV. 10 -1 -73
t1•S V1
OvER 40 NLISt BE
APPROVED 111 CR. E0.
r swaT11 TM. RAW
11133E3 01733 101110121 1111.0
STRDIOTM Or 371000 031.
CASINO PIPE
13 00 /LAS
0V00 12
0400 I
0401 2r -7
0v011 30-3
0401 30 - 4r
OVER 1r -0r
000//110 TO FIGURE 70,1110
LENGTH WITH 4101E OF
17033101C 07)400 THAN 1D•
a Sim
1w�.. nn• I.Yn• 1717.0
OMM. MC
01)4.0177.
3107003
Iw41111.Y M.
UNION PACIFIC RAILROAD CO.
� �
1 11 1141
hI P 157.54 E. 5. A3I)-+
ENCASED PIPELINE CROSS LNG AT
Round Rock Will iamson Texas
Inwer Colorado River Authority
RR FILE N0./25 ) " DATE1/ 728 - ?9'
'Urf1TIISXaEROEn0112
Pam Approved, AVM=
MaBEERISIMEMACEMBICTIEDIYAGREIZIEKE
Section 1. NOTICE OF COMMENCEMENT OF WORK - FLAGC'1NCT.
The Contractor agrees to notify the Railroad Representative at least 48 luxes in advance of Contracts commencing its work and at last
24 hags in advance of proposed pecfamanx of any welt by the Contractor in which arty person a equipment will be within 25 feet of any track,
or will be near enough toauyttadt that any equipment extension (such as, but not limited to, a acne boom) will teach to within 25 feet of any butt.
Up nreceipt of such notice, theRailroed Representative will determine and inform the Contractor whether a flagman nerd be present and wbethe
the Coohadarneed implement any weird protective cc safety measures. If any flagwe i ce other special protective or safety measures are pecfamed
by the Railroad, such services will be laovided at Ceanactls expense with the cadecstandmg that if the Railroad provides any flaming ether
services the Connects shall not be mile' wed of any of its respoastbilities or liabilities set forth herein
Section 2. /TO INTERFERENCE ERFERENCE WIIHRATT. OPFRATION,
No wok permed by Car marshall cease any interference with the constant, carrtimtoos and uninterrupted use of the tracks, property
and fsolifies of the Raced its lessees, licensees or others, naless specifically remittal wdathisagreement orspeciScally authorized inadvance
by the Railroad Regssmtstive. Nothing shall be done or suffered to be done by the Contractor at arty time that would in any mete impair the
safety thereof Whets not in use, Cwhact es machinery and materials shall be kept at least 50 feet fans the cmledine ofRarlroads nearest track,
and there shall be no vehicular crossings of Railroad's tracks except at existing open public crossings
Section 3. MECRANTCS i.TF.Ng.
The Contracts shall pay in NI all persons who perform labor or provide materials for the work to be performed by Contractor. The
Centrador shall not create, permit or suffermrymechemc's omffiaialmens enforcedagainst
of the Railroad fix any such work performed.' The Contractor shall ir>'t• , reify and hold harmless the Railroad from and against any and all liens,
cl aims, demands, coats or expenses afwbatsoescnature Many way connected with or growing out of such work done, labor performed, or materials
famished.
Section 4. PROTECTION OF FIRER OPTIC CARTE SYSTEMS,
a). Fi optic cable systems maybe buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance
since any break could disrupt servirn to users resulting in business inteemptim and loss of revenue and profits. Contractor shall telephone the
Railroad at 1-800-336-9193 (a 24-hour amber) to determine if fiber optic cable is buried anywhere m the Railroad's premises to be used by the
Contractor. If it is, Contractor well telephone the telecaraaamicatioas campany(ies) involved, strange fce a cable locator, make arrangements far
relocation a other protection of the fiber optic able, all at Caatracts's expense, and will commence no work on the right of wayuatil all such
protection cc relocation has beet accomplished.
b). In addition to other indemnity provisions in this Agreement, the Contracts shall indemnify and hold the Railroad harmless from and
against all costs, liability and expense whatsoever (including without limitation, attorneys' fees, court costs and expenses) arising out of any act err
omission of the Contactor, its contractor, agents and/or employees, that causes or cmtnbutes t (1) my damage to or destruction of any
telecommunications system m Railroad's property, and/or (2) any injury to or death of any person employed by a on behalf of any
telecommmiatioos camp try, and/or its cathedra., agents and/or employees, onRaihoad's property. Contracts shall not have a seek recourse
against Railroad for any claim or cruse of action for alleged loss of profits or revemte or loss of service a other =sequential damage to a
teloamm niratiaa ccmpatyusing Railroad's property or a customer censer of services ofthe fiber optic cable on Railroad's properly.
Section 5. COMPITANCF,Wf1HT.AWS.
In the prosecdonoffl vark covered bythisagreement, theContractor shallsecure nectssarypamits andsball complywith
all applicable federal, state and local laws, regulations and enactments affecting the work. The Contractor shall use only such methods u are
consistent with safety, both as concerns the Contractor, the Contractor's agents and employees, the offices, agents, employees and property of the
Railroad and the public in gerieviL The Contractor (without limiting the generality of the foregoing) shall comply with all applicable state and federal
occupational safety and health acts and regulations. All Federal Railroad Administration regulations shall be followed when wort is performed as
the Ramesh property. rimy failure bythe Contractor to comply with any such laws, regulations, and enactments, shall result is any fine, penalty,
enstor charge being assessed, imposed atasged against theRallroed, theContactor shallreimburseandiM .nnifytheRailroadfaanysuchfree,
penalty, cost, recharge, imchmdingwithout limifatka attrays' fees, court costa and expenses. The Cmnactor further agrees in the event ofany such
action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Raihoed.
edureestalitiMerve.eth
Page 1 of4 Eldn'bkB
" UTILITIES k E 1tOE 980112
Form Approved, AVP-Law
Section 6.
Safety of personnel, property, rail operations find the public is of paramount importance in the prosecution of the work pcnsaant to this
agreement. As reinforcement and in furtherance of overall safety measures to be observed by the Contractor (and not by way of limitation), the
following special safety rules shalt be followed:
a). The Contractor shall keep the job site free from safety and health hazards and ensure that its employees are competent and
adequately trained in all safety and health aspects of the job. The Contractor shall have proper first aid supplies available on the job site
so that prompt first aid services can be provided to any person that maybe injured =the job site. The Contractor shall promptly notify
die Raced of raryllS. Oompedional Safety and Health Administrate@ nix:stable injUries occurring to any person that may arise during
the work performed mthe job she The Contractor shall have a non- delegable duty to control its employees, wbrle they are on the job site
or any other property of the Railroad to be certain tbey do not use, be under the influence of, a have in their possession any aleobolic
beverage, drug, narcotic or other substance that may inhibit the safe performance of work by the employee.
b). The employees of the Contractor shall be suitably dressed to perform their duties safely and in a manner that will not interfere
with their vision, hearingor free use of their bands orfeet Only waist length shirt; with sleeves and trousers thatcovertheattirelegaxe
to be worm If flare-legged trousers ace wan, the trouser bottoms mast be tied to prevent catching. The employees should wear sandy and •
protective work boots and at least the following protective equipment
(1) Protective bead germ that meets American National Standard - 289.1- latest revision. It is suggested that all bardbsts be
affixed with Coitactots or subcontractor's company logo or name.
(2) Eye protection that meets American National Standard for occupational and educational eye and face protection,
287.1- latest tevisim. Additional eye protection must be provided to meet specific job situations such as welding, grinding,
burning, etc.; and
(3) Hearing 1z ectianwhich affords enough aftermath= to give protection from noise levels that will be occurring on the
job site.
c). All heavy equipment provided or leased by the Contactor shall be equipped with audible back -up warning devices. Ilia the
opinion of the Railroad Representative any of Contractor's or any of its subcontractor's equipment is unsafe for use on the Railroad's
rightof way, the Coultectnr, at the request of the Railroad Rep ative, shall remove such equipment from the Railroads right-of-way.
Section 7. 1130 24111:1X.
4 As used in this Section, •talrced" inhales other railroad companies using the Railroad's property at or near the location of the Contractor's
he 1 1 a d a : s end the r officm, agmds, sad employees 'fast' includes Loss, damage,, claims, demands, actiaoa, causes of action, penalties, costa, and
expenses of whatsoever nature, including cwt costs and attorney fns, which may result from: (a) injury to or death of persons whomsoever
(including the Railroads officers, agents, and employees, the Cra tactnta officers, agents, and employees, as well as any other person); and/or
(b) damage to or loss or destruction of property whatsoever (including Contactors property, damage to the roadbed, trade, equip: eat, or other
property of the Railroad, or property in its cam or custody).
b). As a major inducement and in consideration of the license and permission herein granted, the Contractor agrees to indeemify and hold
harmless i b e R , r ' h r e d f r o m m y Loss which is due t o o r a r i s e s from a n y cause and is associated in whole or in part with the wale p rformed=der
this agreement, a lreach of the agramcat or the failure to observe the health and safety provisions herein, or any activity, omission or negligence
acisiog out ofpesfcmamce or aatperfe®aox of this agreement. However, the Contractor shall not indemnify the Railroad when the LOSS is caused
by the sole negligence of the Railroad.
c). The Ca s r shall maintain whatever insurance coverage is necess uy to adequately underwrite its general and contactual liability under
the tams of this Agreement.
Section 8. RESTORATION OF PROPERTY.
Ice the event the Railroad authorize' s the Contractor to take down any fence of the Railroad or in any mannermove a disturb any of the
other property oftbeRailmed in connection with the wodcto be peeformedd by Contactor, then in that event the Contactor shall, as soon as possible
and at Cmhear* sole amain, restore such fence and other property to the same condition as the same were in before such fence was taken down
or such other property was moved or dishtbed.
lenhareestulri&aoencb
Page 2 ef4 Esblbd m
' I SXa:EROE920112
Fenn Approved, AVP -1sw
Section 9. WANFROFRRFAC
The waiver by the Raikad of the breach of any condition, covenantor went herein contained to be kept, observed and performed
by the Contractor shall in no way impair the right of the Railroad to avail itself of any remedy for any subsequent breach thereof
Section 10. ASSR+NMRNT - SUBCONTRACTING.
The Contractor shall not assign, sublet or subcontract this agreement, or any interest therein, without the wtittea consent of the Railroad
and any attempt to so assign, sublet or subaattact without the written consent of the Railroad shall be void. Ifthe Railroad gives the Contractor
pencissmto subcontract all oranyra tion oldie we& herein described, the Cmhactor is and aball remain responsible for all work of subcontractors
and all mock of sohanstractors shall be governed by the tams of this agreement.
C4hueelolub'dbOaoeoth
Page l of4 EAU
)t INS 94 0203
. stit Prof:coin lax
Fan Approved. AVP -Ltr
c3). Contract= shalt at 1s own sole cost and expense. procure the foaming kinds of insurance and promptly pay when due all
5 xemium• fa that insurance. The following insurance shall be kept in farm drying the life of this Agreement
1). General Attila uabiltivinsurance providing bodily tnitul. Including death. personal injury maxi property damage coverage
with a combined single limit of at least 51.000.000 each occurrence cr claim and a general aggregate limit of at least
$2.000.000. This insurance shall provide Broad Farm Contractual liability Covering the indemnity provisions contained in this
Agreement. Underground Hazard. Products - Completed Operations with products -cz pleted operation aggregate of at least
52.000. 000, a separate general aggregate for the project OSO Farm CG 25 03 e)r equivalent). Broad Form Property Damage,
severcddlity d ingests and name Railroad as an addilionol insured with respect to all liabilities arising out of Contractor's
obligation to Reload to. the Agreement Coverage purchased as a claims made farm shall provide for at least a three (3) year
extended reporting or discovery period if (a) the coverage b changed from a claims made farm to an occurrence tons
(b) there is a lapse/cancellation of w.c. y or (3) the succeeding claims made policy retroactive date is different from the
expiring policy.
2). A utamobtle Public tiab( tits insurance providing bodily injury and property dc>magewtth a coco ned single limit of at tea .sit
51. 000.000 each occurrence or claim. This u.,suranee shall provide axttraetual liability by eadarsement ISO Farm CA 0025
or equito1ent covering all motor vehicles (nchrdlng hired and non-awned, mobile equipment to the extent it maybe excluded
from genera) Rabl ity Insurance, severabillty of interests and none Railroad m an addition& insured with respect to a$
liabilities arising out of Contractor's obligation to Railroad in the Agreement.
31 Worker's Caennensatton insurance covering the stalutay liability as determined by the compensation laws of the stcte(s)
affected by this Agteemernt and Employers' Liability. Also compliance with all laws of states which require participation in their
state workers' compensation fund.
4). ftahoad Pmtecttve LfvhftIv Insurance naming Railroad and any railroad operating over its racks as insured with a
combined single limit of 52.000.000 per occurrence with a 36.000.000 aggregate. The policy form shall be AAR- AASliTO with
broad farm coverage for 'Physical Damage to Property • USG Form GL 00 30) cc as revised ISO -R)MA (Form CG 0035) and
include pollution arising out ti fuels and Iubdcants brought to the lob site (ISO Form CG 28 31 a equivalent). If the Lloyds
London policy farm Is used. limits shall be 53.000,000 per occurrence with a 59. 000,000 aggregate and the Extended Claims
Made Date shall be determined by adding the length of the original policy period plus ore year to the policy expiration date.
10). The Contractor hereby waives its riaht to subroaatioa, as respects the above lnsu ramce poltcy(ies). against Railroad for
payments' made to a on behalf of employees of Contractor or its agents and for loss of its owned cc leased property or property
under its care, custody and control while on or near Railroad's right - way or other real property. Contractors instrartce shall
toe primary with respect to any insurance carried by Railroad.
c). Contractor shall lumishlagibmgcl certificate(s) of insurance evidencing the required coverage and endorsement(s) and upon
nerequest a certified duplicate original of cry of those policies. The insurance crompany(Iee) issuing such policy(es) shall notify
'Railroad in writing of any material alteration including any change in the retroactive date in any 'claims -made' polities a
substantial reduction of aggregate limits, if such limits apply, a cancellation thereof at least thirty (30) days price thereto.
c0. The Insurance policy(Ies) shall be written by a reputable insurance company or companies acceptable to Railroad or with c
current Bergs Insurance Guide Rating of 13 and Class VII or better. Such Insurance company shall be authorized to trcrosac
lousiness in the state(s) ail acted by this Agreement.
6:15HARMI SURANCCROE1NSY.EXB
EKEIIBrr B-1
'Right of Earl
Utilities
Insurance Requirements
Pale 4 of 4 Exhibit B -1
PL X 940206
Form Approved, AVP -Law
Article I. LICENSE FEE
Article II. LICENSOR GRANTS RIGHT.
PIPELINE CROSSING
AGREEMENT
Mile Post: 157.540, Austin Subdivision
Location: Round Rock, Williamson County, Texas
THIS AGREEMENT is made and entered into as of June 18, 1999, by and between UNION
PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the "Licensor"), and
LOWER COLORADO RIVER AUTHORITY, a Texas political subdivision, whose address is P.O.
Box 220, Austin, Texas 78767 -0220 (hereinafter the "Licensee ").
IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS
FOLLOWS:
Upon execution of this Agreement, the Licensee shall pay to the Licensor a one -time license fee
of ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00).
In consideration of the License Fee to be paid by the Licensee and in further consideration of the
covenants and agreements herein contained to be by the Licensee kept, observed and performed, the
Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to
maintain and operate only a
50.8" municipal sanitary sewage pipeline crossing (hereinafter the "Pipeline ")
Article 1Ti. CONSTRUCTION, MAINTENANCE AND OPERATION.
Article IV. IF WORK IS TO BE PERFORMED BY CONTRACTOR.
0315
AUDIT a' I0 8(4
Folder No: 01772 -15
in the location shown and in conformity with the dimensions and specifications indicated on the attached
print dated June 18, 1999, marked Exhibit A. Under no circumstances shall Licensee modify the use of
the Pipeline for a purpose other than the above - mentioned, and said Pipeline shall not be used for any
other use, whether such use is currently technologically possible, or whether such use may come into
existence during the life of this Agreement.
The grant of right herein made to the Licensee is subject to each and all of the terms, provisions,
conditions, limitations and covenants set forth herein and in Exhibit B, hereto attached.
If a contractor is to do any of the work performed on the Pipeline (including initial construction
and subsequent relocation or substantial maintenance and repair work), then the Licensee shall require its
contractor to execute the Railroad's form Contractor's Right of Entry Agreement. Licensee acknowledges
receipt of a copy of the Contractor's Right of Entry Agreement and understanding of its terms, provisions,
and requirements, and will inform its contractor of the need to execute the Agreement. Under no
circumstances will Licensee's contractor be allowed onto Licensor's premises without first executing the
Contractor's Right of Entry Agreement.
Article V. INSURANCE.
Licensee is self - insured. Licensee agrees to send to Licensor
annually, on each anniversary date of this License A greement, a
letter describing in sufficient detail Licensee's then current self -
insurance program:
X
All insurance correspondence shall be directed to: Folder No. 01772 -15, Union Pacific
Railroad Company, Real Estate Department, 1800 Farnam Street, Omaha, NE 68102.
Article VI. TERM.
This Agreement shall take effect as of the date first herein written and shall continue in full force
and effect until terminated as herein provided.
Article VII. SPECIAL PROVISIONS — NONE
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the date first herein written.
UNION PACIFIC RAILROAD COM
By: C.
o is Representative
WITNESS LOWER COLORADO RIVER AUTHORITY
Title
. 911.... 1,,,
PLACE Annoy INDICATING NORTH
0[RECITON RELATIvE TO CROSSING
Wr
e a r
� r; f 7
q0
West d
1 -•75 /Ind Rock `.
/Y 11. A. IOw ♦
1. I I 1 1
.,�` P
V;9;" A•?•Q•M~ 4v
RR' RIB
NO SCALE
,
/e..1-___2530
_2530
f�
o � . )
MAY 11 1999 13:53
""'-. • ii WW LINE
)OTACI•IU FIFO Ou1E1)
If7t Mole 1 1
I OISTUPC Auto T9.Lf 71151101 LINE C1101511901 `;:
11010 }NIS 51119 10m 111 A1.. DADS.
Al L9 WPN0 11511091, 011TmR
TO .101. 1111111 1.4119 13 190911-10)
50 FT. FT. ...�_
VIM 0117
Sao moo
TT.
-TT. Its R +us.i
1O Lamm .IlJ I s.. Inn q
9 I 11 R. +y
FT. - -.I
PORN DR OADI - 11
REV. 10 +1 -93
APPLICATION FOR ENCASED
NON . PIPELINE CROSSING
NOTE! ALL AVAILABLE DIMENSIONS MUST BE
FILLED IN TO PROCESS THIS APPLICATION.
e ®
Fr. 2750
S 7B 01 Fr.� -..
Ise3E
1s 92. 30•
T. „S
1095.90
T.
*�1
rYGLC 07 uoUIYe
l� Es t Actt ors w4si { •K
1 °`I` 11,1 0 090551)
WALL OF M.P. 157.5 BRIDGE 5 FT .
....1/1101U7 ....1/....1/1101U7 0
balm balm FITS
Y9I.1 19)1. CUI110
��FT. �•
•®
NOrI 1 1991115 LIMB nu
I. AL NSRIIOR.L 011T Ben TB 12 11'A0U0 I AT HINT .51 II e 4 70.co. m .Lair F1111.110.1
74 test= T/ TAIPO MOO 195 f P MCA IT 01019 MOM TIE MATO 01 33I• m R -.430 R..
]. *9 MI MI LIMIT DI . 911 09 x9 ,.09 1, U150f. i*u y 1.3/9109 1499 L"EN 0191101 0r 10•99.
110119. RV710PP.i19 I4r t9 •901991 0119 11E7 Ir 1 1900 11 UCMtI IY orr or Op011
11 umat9 rim Mien 11191..17) al49... • or 1.10111 9 Or l 990391191 • /10114/ 71.101571 10 Man .5 Y CI . Pr aa,"n
11 mane .110 r..91199 Rr9 WA 15 114/. R M001 A t "UT VIM 711 DISTI110 1 1599 erne Emu. .1.1 711211 .5119 15141199 111111
1 1 9151 w 105 901171110 Pia 19715 59041 1191 /5 YIP 111*.
Al IS, PIPELINE CRO55ING WITHIN DEDICATED STREET 1 YESt�Npp
a) IF YES, NAME OF STREET
:) DISTRIBUTION LINE OR TRANSMISSION LINE x
C) CARRIER PIPE 1
CDODIrr TO BE carry Municipal Sanitary Sewage
OPERATING PAESSUR
WALL THICKNESS • [METER ER SO.A ;MATERIAL- FRP
E)jCASING PIPE : 3 0
WALL THICKNESS _4 ;DIAMETER 60 1uTERIAI steel
NOTE :CASING MUST HAVE 2 CLEARANCE BETWEEN GREATEST
OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF
CASING PIPE. WHEN FURNISHING DIMENSIONS, GIVE OUTSIDE OF
CARRIER PIPE AND INSIDE OF CASING PIPE.
11 METHOD OF TNSTALLING CASING PIPE UNDER TRACK) So:
_SORT BORE AND JACK (BET BORE NOT PERMITTED)
TUNNEL ; OTHER
HI DISTANCE pA
O) WILL CONSTRUCTION BE 5T AN OUTSIDE CONTRACTDR7�C,TES1_�JIO•
C TEER 111E OF TRACK TO NEAR FACE OF 900 ��uu�� ) AND
JACKING PITS MIEN 4EAsUAED Al RIGHT ANGLES To TRACK AR
I) APPLICANT NAS CONTACTED Mark Fthan I31r Nlr)
OF U. P. COMMUNICATION DEPARTMENT AND HAS DETERMINED FIBER
OPTIC CABLE. _ODES I _ DOES NOT I EXIST IN VICINITT OF
WORK TO BE PERFORMED • TICKET ND. 111424117
EXHIBIT "A"
or Irma Or W.
UNION PACIFIC RAILROAD CO.
Au.S11h
•.mI. r.•I
M. P 15 7.b4 E S
ENCASED PIPELINE CROSSING AT
d o W illia mson Texas
o Colorado River Authorit�
RR FILE NO, j 77 a - jj. DATE(p /8 99
1 1AKNINA
90 ALL Eamon, 11 i1. emeammAt100
O AMM WIT 01 901799701 19 smart
OP ART 411 TO OITOIIIW 19IIlVfl W
LEAT)N If MO EMT DWG
tent 11•ms33a -lla
5 12 473 3551
19 pm
4
9 50 Fr. East
w Hutto
• 11 9.1597 R.R. 10.1
I 1 I
STEEL CASING WALL
THICKNESS CHART
Weill. TRlI45 C4SI
1500• 1/ • 0/1
. 31351 site OVER 1 I0
. 3T10• 3/r mini 1 0 - .Ea -
. 43711 , //IV DYER 27^ - 71 -
• IOm• 1 /2• OVER 2t• - 34.
sass 1 /Ir OVEN 44 - 97-
. 0150 . 3/A• OVER 1 2 • •t0•
OVER 41• 11131 BE
AFF 21E0 Kr RA. CO.
1 TN15 5119 11111
►l 11119P N V ITNETEL� 19 I0INELO
TRv1 51, Oi 33. 1131.
FORSa1LA TO eicutt CASING
LE4CT)1 WITH 11101E OF
0 OTHER THAN 10.
A IN
e
▪ M 1
PRGE.
PL X9sL)I11 •
Pa m Ap amt, AVP -Lira
Section 1.
EXH B
IuIY : Y • r :.Is 1:s• Y • • ; .YS- ; : 1.YY
a) The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the
Licensor to use and mmnfmnits enlfre property including the right and power of the Licensor to construct maintain, repair,
renew, use, operate, change, modify or relocate railroad hacks. signal, communication. fiber optics, or other wirelines,
pipelines and other facilities upon. along or across arty or all parts of its property, all or any of which may be freely done
at any time me or times by the Licensor without lira-ditty to the Licensee or to any other party for compensation or damages.
The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and
lessees of the Licensor's property, and others) and the right of the Licensor to renew and extend the same, and is made
without covenant of title or for quiet enjoyment.
Section CONSTRUCTION. MAINTENANCE AND OPERATION.
a) The Pipeline shall be constructed operated, maintained, repaired renewed modified and/or reconstructed by
the licensee in strict conformity with Union Pacific Railroad Co. Common Standard Specification 1029 adopted November
1949, and all mnerdments thereof and supplements thereto, which by this reference is hereby made a part hereof, except
as maybe modified and approved by the Licensor's Vice President-Engineering Services. In the event such Specification
' conflicts in aryrespect with the requirements of any federal state or municipal law or regulation such requirements shall
govern on all points of conflict, but in all other respects the Specification shall apply.
b) All vroric performed on property of the Licerutor in connection viith the construction, maintenance, repair, renewal.
modification or reconstruction of the Pipeline shall be done to the satisfaction of the licensor.
c) Prior to the commencement of any work in connection with the construction. maintenance, repair. renewal
modification relocation. reconstruction or removal of the Pipeline where it passes underneath the roadbed and track or •
tracks of the licensor, the Licensee shall submit to the Licensor plans setting out the method and manner of handling the .
work including the shoring and cribbing, if any, required to protect the Licensor's operations, and shall not proceed with
the work until such pkas have been approved by the Vice President - Engineering Services of the Licensor and then the work
shall be done to the salisfactiorlof the Vice President - Engineering Services or his authorized representative. The Licensor
shall have the right, if it so elects, to provide such support as it may deem necessary for the safety of its track or tracks
during the time of construction. maintenance, repair, renewal modification relocation, reconstruction or removal of the
Pipeline, ad, in the event the Licensor provides such support On Licensee shall pay to the Licensor, within fifteen (15) days
after bills shall have been rendered therefor, all expense incurred by the licensor in connection therewith. which expense
shall Include all assignable costs.
d) The licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the grade even with
the adjacent surface of the ground.
Section 3. NOTfCE OF COMMENCEMENT OF WORK.
If an emergency should arise requiring immediate attention, the licensee shall provide as much notice as
practicable to Licensor before commencing any work. In all otter situations, the licensee shall notify the Licensor at least
ten (10) days for suehother time as the Licensor may allow) in advance of the commencement of any work upon property
of the Licensor incomnectionwith the construction, maintenance, repair, renewal modification reconstruction. relocation
or removal of the Pipeline. All such work shall be prosecuted diligently to completion.
Section 4. LICENSEE TO BEAR ENTIRE DENSE.
The Licensee shall bear the entire cost and expense incurred in connection with the construction. maintenance,
repair and renewal and any and all modification. revision. relocation. removal or reconstruction of the Pipeline. including
any and all expense which maybe incurred by the Licensor in connection therewith for supervision, Inspection. flagging,
or otherwise.
ptzat6 Pap 1 of E.Athit B
PLX980112 •
Form Approved, ANY-Law
Section 5. REINFORCEMENT. RELOCATION OR REMOVAL, OF PIPFJ fig,.
1 The license herein granted is subject to the needs and requirements of the Licensor in the operation of its railroad
.and in the improvement and use of its property, and the Licensee shall, at the sole expense of the Licensee, reinforce the
Pipeline, or move all or any portion of the Pipeline to such new location as the Licensor may designate, whenever, in the
furtherance of Its needs and requirements, the Licensor shall find such action necessary or desirable.
b) All the terms, conditions and stipulations herein expressed with reference to the Pipeline on property of the
Licensor in the location hereinbefore described shall, so far as the Pipeline remains on the property, apply to the Pipeline
as modified changed or relocated within the contemplation of this section
Section 6. NO TNTRRFF8FNCE WITH LICENSORS OPF RAT1Oly.
The Pipeline and all parts thereof within and outside of the limits of the property of the Licensor shall be
constructed and, at all times, maintained repaired, renewed and operated in such manner as to cause no interference
.whatsoever with the constant, continuous and uninterrupted use of the tracks, property and facilities of the Licensor, and
nothing shall be done or suffered to be done by the Licensee at any time that would in arty manner impair the solely thereat
Section 7. pROTECFION OF FIBER OPTIC CABLE SYSTEMS
a) Fiber optic cable systems may be buried on the Licensor's property. Protection of the fiber optic cable system,
is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of
revenue and profits. Licensee shall telephone the Licensor at 1-800336.9193 (a 24 -hour number) to determine if fiber optic
cable is buried anywhere on the Licensor's premises to be used by the Licensee. If it is, Licensee will telephone the
telecommunications compan y(ies) involved arrange for a cable locator. make arrangements for relocation or other
protection of the fiber optic cable, all at Licensee's expense, and will commence no work on the right of way until all such
protection or relocation has been accomplished. Licensee shall indemnify and hold the Licensor harmless from and
against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costa and expenses)
arising out of or caused in any way by Licensee's failure to comply with the provisions of this paragraph.
b) In addition to other indemnity provisions in this Agreement, the Licensee shall indemnify and hold the Licensor
harmless from and against an costs, liability and expense whatsoever (including, without limitation. attorneys' fees, court
costs and expenses) caused by the negligence of the Licensee, its contractor, agents a d/or employees, resulting in (1)
anry damage to or destruction of any telecommunication system on Licensor's property, and /or (2) any injury to or death
of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or
employees, on Licensor's property, except if such costs, liability or expenses are caused solely by the direct active
negligence of the Licensor. Licensee further agrees that it shall not have or seek recourse against Licensor for any claim
or cause of action for alleged loss of profits or revenue or loss of service or other consequential damage to a
telecommunication company using Licensor's property or a customer or user of services of the fiber optic cable on
Licensors property.
Section 8. CLAIMS AND LIENS FOR LABOR AND MATERIAL TAXES
a) The Licensee shall fuliy pay for all matericds joined or affixed to and labor performed upon property of the Licensor
in comiectlonwith the construction maintenance, repair, renewal modification or reconstruction of the Pipeline, and shall
not permit or suffer any mechanic's or materialmank lien of any kind or nature to be enforced against the property for any
work done or materials furnished thereon at the inatance or request or on behalf of the Licensee. The Licensee shall
indemnify and hold harmless the Licensor against and from any and all liens, claims, demands, costs and expenses of
whatsoever nature inany way connected with or growing out of such work dons, labor performed or materials furnished.
b) The Licensee shall promptly pay or discharge all taxes, charges and assessments levied upon in respect to, or
an account of the Pipeline, to prevent the carne from becoming a charge or lien upon property of the Licensor, and so that
the taxes, charges and assessments levied upon or in respect to such property shall not be Increased because of the
location construction or maintenance of the Pipelines or onyimprovement. appliance or fixture connected therewith placed
upon such property, or on account of the Licensee's interest therein. Where such tax, charge or assessment may not be
separately made or assessed to the Licensee but shall be included in the assessment of the property of the Licensor, then
the Licensee shall pay to the Licensor an equitable proportion of such taxes determined by the value of the Licensee's
property upon property of the Licensor as compared with the entire value of such property.
p1cexb Page 2 of Exhibit B
PLX90112 '
, Form Approved, AVP•Lw
Section 9. RFSTORATION OF LICENSORS PROPERTY.
In the event the Licensor authorizes the Licensee to take down any fence of the Licensor or in any rnanner move
or disturb any of the other property of the Licensor in connection with the construction. maintenance, repair, renewal
modification, reconstruction, relocation or removal of the Pipeline, then in that event the Licensee shall. az soon as possible
and at Licensee's sole expense, restore such fence and other property to the same condition as the some were in before
such fence was taken down or such other property was moved or disturbed. and the Licensee shall indemnify and hold
harmless the Licensor, its officers, agents and employees, againat and from any and all liability, loss, damages, clasps,
demands, costs and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from injury
to or death of persons whomsoever, or damage to or loss or destruction of property whatsoever. when such injury, death,
damage, lose or destruction grows out of or arises from the taking down of cmy fence or the moving or disturbance of any
other property of the Licensor.
Section 10..
a) As used in this Section.'Licensor' includes other railroad companies using the Licensor's property at or near the
'location of the Licensee's installation and their officers, agents, and employees; 'Loss' includes loss, damage, claims.
demands. actions. causes of action. penalties, costs, and expenses of whatsoever nature, including court costs and
attorneys' fees, which may result from: a) injury to or death of persons whomsoever (including the Licensors officers,
agents, and employees. the Licensee's officers, agents, and employees, as well as any other person); andlor b) damage
to or loss or destruction of property whatsoever (indudingLicensee's property, damage to the roadbed tracks, equipment,
or other property of the Licensor. or property in its care or custody).
b) An. a major inducement and in consideration of the license and permission herein granted. the Licensee agrees
to indemnify and hold harmless the Licensor from any Loss which is due to or arises from
1. The prosecution of any work contemplated by this Agreement including the installation, construction.
maintenance, repair. renewal. modification. reconstruction. relocation or removal of the Pipeline or any
part thereof: or
2. The presence, operation, or use of the Pipeline or contents escaping therefrom.
'IY'
except to the extent that the Loss is caused by the.ain i direct negligence of the Licensor.
Section 11. REMOVAL OF PIPE LINE UPON TERMINATION OF AGREEMENT.
Prior to the termination of this Agreement howsoever, the Licensee shall, at Licensee's sole expense,
remove the Pipeline from those portions of the property not occupied by the roadbed and track or tracks of the licensor
and shall restore, to the satisfaction of the Licensor, such portions of such property to as good a condition as they were
in at the time of the constnrctIonof the Pipeline. If the Licensee foils to do the foregoing, the Licensor may do such work
of removal and restoration at the cost and expense of the Licensee. The Licensor may, at its option, upon such termination.
at the entire cost and expense of the Licensee, remove the portions of the Pipeline located underneath its roadbed and
track or tracks and restore such roadbed to as good a condition as it was in at the time of the construction of the Pipeline,
or it may permit the Licensee to do such work of removal and restoration to the satisfaction of the licensor. Ins event
of the removal by the licensor of the property of the Licensee d of the restoration of the roadbed and property
provided. the Licensor shall in no moaner he liable to the Licensee for any damage sustained by the Licensee for or on
accouml thereof. and such removal and restoration shall in no mamer prejudice or impair any right of action for damages,
or otherwise, that the Licensor may have against the Licensee.
Section 12. WW `CH•
The waiver by the Licensor of the breach of arty condition, covenant or agreement herein contained to be kept,
observed and performed by the Licensee shall in no way impair the right of the Licensor to avail itself of arty remedy for
any subsequent breach thereof.
plx.exb Page 3 or4
Exbibd B
Yt.x9H0112 •
' FvmApprove:44 aw
Section 13. TFIWINAT1ON
a) If the Licensee does not use the right herein granted or the Pipeline for one (1) year, or if the Licensee continues
in default In the performance of any covenant or agreement herein contained for a period of thirty (30) days after written
notice from the Licensor to the Licensee specifying such default, the Licensor may, at its option. forthwith immediately
terminate this Agreement by written notice.
b) In addition to the provisions of subparagraph a) above, this Agreement maybe terminated by written notice given
by either party hereto to the other on any date in such notice stated. not less, however, than thirty (30) days subsequent to
the date upon which such notice shall be given-
,.c) Notice of default and notice of termination maybe served personally upon the licensee or by mailing to the last
known address of the Licensee. Termination of this Agreement for any reason shall not affect any of the rights or
obligations of the parties hereto which may have accred, or liabilities, accred or otherwise, which may have arisen prior
thereto.
Section 14. AGREEMENT NOT TO BE ASSIGNED.
The Licensee shall not assign this Agreement, in whole or in part or any rights herein granted without the written
consent of the Licensor, and It is agreed that arty transfer or assignment or attempted transfer or assignment of this
Agreement or any of the rights herein granted whether voluntary, by operation of law, or otherwise, without such consent
in writing, shall be absolutely void and. at the option of the Licensor, shall terminate this Agreement.
Section 15. SUCCESSORS AND ASSIGNS.
Subject to the provisions of Section 14 hereof, this Agreement shall be binding upon and inure to the benefit of the
parties hereto, their heirs, executors, administrators, successors and assigns.
plxexb Pap 4 of 4 Exhibit B