R-2021-299 - 11/4/2021 RESOLUTION NO. R-2021-299
WHEREAS, the City of Round Rock, Texas (the "City") is a participating and founding
member of the Brushy Creek Regional Utility Authority, Inc., (the "BCRUA"); and
WHEREAS, the BCRUA retained engineering services with Walker Partners/Freese and
Nichols Joint Venture for the BCRUA Phase 2 Raw Water Delivery System Project; and
WHEREAS, Walker Partners/Freese and Nichols Joint Venture has submitted Supplemental
Contract No. 11 to the Contract to modify the provisions for the scope of services and to increase the
compensation by $745,999.00; and
WHEREAS, the City desires to authorize the BCRUA to enter into said supplemental contract
with Walker Partners/Freese and Nichols Joint Venture,Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS,
That the City Council hereby authorizes the Brushy Creek Regional Utility Authority to enter
into Supplemental Contract No. 11 with Walker Partners/Freese and Nichols Joint Venture for the
BCRUA Phase 2 Raw Water Delivery System Project, a copy of said contract being attached hereto as
Exhibit"A"and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 4th day of November,2021.
CRAIG M GA ayor
City of Round Ro , Texas
ATTEST:
MEAGAN INKS, dity Clerk
0112.20212;4886-814 20
EXHIBIT
„A„
:emA BRUSHY CREEK
REGIONAL UTILITY AUTHORITY
A Partnership of Cedar Park. Leander. and Round Rock
SUPPLEMENTAL CONTRACT NO. 11
TO CONTRACT FOR ENGINEERING SERVICES
FIRM:WALKER PARTNERS/FREESE AND NICHOLS JOINT VENTURE("Engineer")
ADDRESS: 804 Las Cimas Parkway, Suite 150,Austin,TX 78746
PROJECT: BCRUA Phase 2 Raw Water Delivery System
This Supplemental Contract No. 11 to Contract for Engineering Services is made by and between
the BRUSHY CREEK REGIONAL UTILITY AUTHORITY, INC., hereinafter called
"BCRUA" and Walker Partners//Freese and Nichols Joint Venture, hereinafter called the
"Engineer".
WHEREAS, BCRUA and Engineer executed a Contract for Engineering Services, hereinafter
called the "Contract", on the 28th day of November, 2018 for the BCRUA Phase 2 Raw Water
Delivery System Project in the lump sum amount of $12,518,037.00 for Engineering Services
excluding Task 5.3.1 —Geotechnical Investigation; and
WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 1 on April 24, 2019 to
amend the scope of services, specifically, Task 6.0, and to increase the compensation by
$75,496.00 to a total lump sum amount of $12,593,533.00 for a total project amount of
$13,697,291.00; and
WHEREAS,BCRUA and Engineer executed Supplemental Contract No. 2 on August 7, 2019 to
amend the scope of services, specifically, Task 5.0 — Special Services, and to increase the
compensation by $42,348.00 to a total lump sum amount of$12,635,881.00 for a total project
amount of$13,739,639.00; and
WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 3 on March 5, 2020 to
amend the scope of services, specifically, Task 6.0—Agency and Stakeholder Coordination, and
to increase the compensation by $47,000.00 to a total lump sum amount of$12,682,881.00 for a
total project amount of$13,786,639.00; and
WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 4 on March 20, 2020
to amend the scope of services, specifically, Task 6.0 — Agency and Stakeholder Coordination,
and to increase the compensation by $18,155.00 to a total lump sum amount of$12,701,036.00
for a total project amount of$13,804,794.00; and
Supplemental Contract Rev.03/2011
0140.4634-47;00483708 215829
WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 5 on May 28, 2020 to
amend the scope of services, specifically, Task 5.3.1 — Geotechnical Investigation, by reducing
the compensation b 2 p y $ 56,761.00 and adjusting the total Time and Materials amount to
$846,997.00; and to reallocate $256,761.00 to Task 5.0 — Special Services and Task 6.0 —
Agency and Stakeholder Coordination, and to modify the provisions for the scope of services for
Task 5.0 by increasing the compensation by $24,212.00 to a total lump sum amount of
$12,982,009.00 for a total project amount of$13,829,006.00; and
WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 6 on October 22, 2020
to amend the scope of services, specifically, Task 5.0 — Special Services, and to increase the
compensation by $27,985.00 to a total lump sum amount of$13,009,994.00 for a total project
amount of$13,856,991.00; and
WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 7 on April 28, 2021 to
amend the scope of services, specifically, Task 5.0 — Special Services, and to increase the
compensation by $137,201.00 to a total lump sum of$13,147,195.00 for a total project amount
of$13,994,192.00; and
WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 8 on June 7, 2021 to
amend the scope of services, specifically, Task 5.0 — Special Services, and to increase the
compensation by $47,238.00 to a total lump sum of$13,194,433.00 for a total project amount of
$14,041,430.00; and
WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 9 on August 17, 2021
to amend the scope of services, specifically, Task 5.0 — Special Services, and to increase the
compensation by $25,000.00 to a total lump sum of$13,219,433.00 for a total project amount of
$14,066,430.000; and
WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 10 on October 15,
2021 to amend the scope of services, specifically, Task 6.0 — Agency and Stakeholder
Coordination, and to increase the compensation by $29,800.00 to a total lump sum of
$13,249,233.00 for a total project amount of$14,096,230.00; and
WHEREAS, it has become necessary to amend the Contract to modify the provisions for basic
engineering services and to increase the compensation by $745,999.00 to a total Time and
Materials amount of$1,592,996.00 for a total project amount of$14,842,229.00;
NOW THEREFORE, premises considered, BCRUA and the Engineer agree that said Contract
is amended as follows:
I.
Article 2, Engineering Services and Exhibit B, Engineering Services shall be amended as set
forth in the attached Addendum To Exhibit B. Exhibit C, Work Schedule shall be amended as
set forth in the attached Addendum To Exhibit C.
2
II.
Article 4, Compensation 2) Not-to-Exceed Sum and Exhibit D, Fee Schedule shall be amended
by increasing by $745,999.00 the not-to-exceed sum amount payable under the Contract for
Engineering Services, to a total not-to-exceed amount of $1,592,996.00 for a total Project
amount of$14,842,229.00,as shown by the attached Addendum to Exhibit D.
IN WITNESS WHEREOF, BCRUA and the Engineer have executed this Supplemental
Contract in duplicate.
[signature pages follow]
3
WALKER PARTNERS
By:
Date
FREESE AND NICHOLS JOINT VENTURE
By:
Date
4
BRUSHY CREEK REGIONAL UTILITY AUTHORITY,INC.
By:
Nacole Thompson,President
Date
APPROVED AS TO FORM:
By:
Stephan L. Sheets, BCRUA Attorney
5
ADDENDUM TO EXHIBIT B
ENGINEERING SERVICES
GENERAL
The purpose of Supplemental Amendment No. 11 is to provide bidding phase services for the Phase
2 Raw Water Delivery System Project. Proposals shall be received and evaluated, and subsequently
the Project shall be awarded as a single construction contract to the selected Contractor.
BASIC SCOPE OF SERVICES
Task 1.0- Project Management.
1.1 Progress Meetings. Attend monthly progress meetings with Owner for a total of seven
meetings.
1.2 Project Administration.
1.2.1 Manage and coordinate staff resources, subconsultants, and project planning.
Conduct weekly team coordination meetings in person or by teleconference.
1.2.2 Prepare and submit monthly invoices and project progress reports. As a minimum,
monthly progress reports shall include a summary description of tasks completed as of
the report date, description of activities planned for the next 60 days, financial status
of the project, status of schedule for project, and identification of technical,
commercial or other issues which may have an impact to the overall project budget
and/or schedule.
Task 2.0 - Bidding Phase. Assist Owner in advertising, obtaining, and evaluating proposals for the
Work. Prequalifying prime contractors and subcontractors is not included in this effort. The
Bidding Phase will be considered complete upon issuance of Notice-to-Proceed to the selected
Contractor or upon cessation of negotiations with prospective contractors.
2.1 Assist Owner in advertising for and obtaining proposals for the Work and, where applicable,
maintain a record of prospective proposers to whom Bidding Documents have been issued,
conduct one pre-Proposal conference, attend one site visit, and attend two rock core
reviews. Owner shall pay for advertisement of the Work and make the Contract
Documents available on CIVCAST.
2.2 Respond to Proposer questions. Issue Addenda as appropriate to clarify, correct, or modify
the Bidding Documents.
2.3 Evaluate and determine the acceptability of"or equals" and substitution of materials and
equipment proposed by prospective proposers, provided that such proposals are allowed by
the bidding-related documents (or requests for proposals or other construction
procurement documents) prior to award of the Contract for the Work.
2.4 Attend the Proposal opening, prepare Bid tabulation sheets, and assist Owner in evaluating
Bids or proposals including Alternate Proposals. Review the information in the proposals
1
and advise Owner regarding the interpretation of the information provided as it relates to
the selection criteria. Provide reference checks on key personnel from the information
provided in the proposal and review the qualifications of key personnel offered. Report
findings of the review of proposals and investigations to the Owner's selection committee.
Facilitate scoring of proposals by the selection committee and assist in determining which
proposal appears to provide the best value to the Owner based on proposals received.
2.5 Assist the Owner in coordinating and conducting interviews with the top two or three
ranking proposers. Assist in developing pertinent interview questions. Facilitate the
interview process and work with the Owner's selection committee to determine what, if
any, adjustments should be made to the scoring based on information obtained in the
interviews.
2.6 Compare prices received to the cost estimate to determine that the prices proposed are
responsive to the Bidding/Proposal documents. Identify cost difference if estimates and
prices are not within allowable tolerances for cost estimates. Provide information or
assistance needed by Owner during negotiations allowed under Texas Government Code
2269.
2.7 Prepare conformed bidding documents. Incorporate addenda modifications into the
drawings and specifications. Assist Owner in assembling the final Contract for the Work for
execution by Owner and successful Proposer. Prepare stamped Engineer's
recommendation of award letter and bid tabulation analysis. Furnish up to ten printed
copies of the conformed bidding documents, four of which shall be provided to the
Contractor.
2.8 Attend Owner Board and individual City council meetings to present a recommendation
of award of the construction contract.
2.9 Submit advertisement, all addenda, bid tabulation, Engineer's recommendation of award
letter and associated proposal to Texas Water Development Board (TWDB) to allow for
contingent award of Contract.
2.10 Consult with Owner to review contractor's certificates of insurance and other required pre-
NTP submittals for conformance with the requirements of the contract documents. Submit
executed contract documents and contractor's certificates of insurance to TWDB to receive
authorization to issue Notice-to-Proceed to the successful Proposer.
2.11 Assist Owner in selection of an independent testing laboratory to perform required
construction materials testing services.
Task 3.0-Stakeholder Coordination.
3.1 Assist Owner in the renewal of permits required by the Travis County Fire Marshal's Office.
Task 4.0 -Additional Services
The following Additional Services are not included in the Scope of Services and will not be
performed unless specifically authorized by the Owner:
2
i
4.1 Preparing additional Bidding Documents or Contract Documents for alternate bids or prices
requested by Owner for the Work or a portion thereof.
4.2 Assistance in connection with Bid protests, rebidding, or renegotiating contracts for
construction, materials, equipment, or services.
4.3 Assist Owner in coordination of permit requirements between the Bidders,Travis County
Transportation and Development, LCRA, PEC, and the USACE.
4.4 Preparing additional drawings or revisions to existing drawings in response to Travis County
or other Stakeholder request, per the direction of the Owner.
3
ADDENDUM TO EXHIBIT C
WORK SCHEDULE
The Bid Phase will commence upon advertisement of the Project and will last for approximately
seven (7) months. Bid Phase terminate upon issuance of Notice-to-Proceed to the selected
Contractor or upon cessation of negotiations with prospective contractors.
ADDENDUM TO EXHIBIT D
Fee Schedule
Attached Behind This Page
ADDENDUM TO EXHIBIT D
COMPENSATION
Total compensation for services under Supplemental Amendment No. 11 is estimated to be$745,999
as shown in Attachment 1 to Exhibit D.
Owner shall pay Engineer for Basic Services set forth in Supplemental Amendment No. 11 on the
basis of Standard Hourly Rates as described in Paragraph 2.0 of Exhibit D.
Total compensation for Standard Hourly Rates tasks shall be adjusted from$846,997 to$1,592,996.
Total compensation for the Project shall be adjusted from$14,096,230 to$14,842,229.
Attachment 1 to Exhibit D
Brushy Creek Regional Utility Authority ISCRUA) I Plailad Fee Summary
Phase 2 Raw Water Delivery System-Supplemental Amendment No.11-Bid Phase Services Basic Serdrxa $745,989
1 01712021 E.tra services ------
Detailed Cost Breakdown Total Pro act $745 999
Basic SernCos
Employee c e, l .ns Chreten.an Petnsak Seeh eeerrenn Yen Geseke Nlslak
h - - Total Labor Total Expense
Position PM Maneaer III) Oc Manegr III) �"� (S.nbr Senbr PE(6erwr PE(6arwr Eng R PE(R.1) Eng EIT(P.Od Ens I) G�(f111) a �'"'"(6uppon Total Mours Effort Effort Total Sub Efbn Total Egon
_ E.'
IO III) II)_ _ IIO arM 111)
Tasks. Iwent Hourl BIII Rate $295 1295 $2BD $275 $200 $160 $115 $175 $130
1.0 Project Management
Hogrera Menu s(7) - 42 21 fi 65 $ 18.810 S 274 E 23,803 S 42,887
Nqect 7dmimatration 40 16 _ _ 24 80 $ 19080 $ 53 $ 55060 $ 74193
2.0 Bidding Services
21 Ran Issuance and Pre-Proposal Meeags 24 40 B 40 _ 112 $ 23,gfi0 $ 1B3 $ 31,098 $ 58,251
22 RespoM to O,sst on and Issue Addenda 40 24 120 -- 24 - 24 - - 10 60 --- 120 24 496 S 701200 S 105 $ 129658 i 230961
2.3 Subatn,aom Evaluation _ 2 _ 24 n 4 38 S _9,370 E - E 31,523 $ 40,893
..___....
24 Proposal O eru ,Bid Tabulation,and Pr sal Review - 40 --- 8 60 4 132 $ 35 600 $ 223 $ 44279 S 80102
25 Inern Suppod 40 18 56 $ 15,980S183 S 28,337 S 42,490
26 Pricing Review aM Negotet o Support 24 40 4 7g S 20 020 S 38 S 29 477 S 48 533
27 Conformed Docs,Rec ei-Aaom of Award.AaaemDk Final Connate 4 40 4 1 40 32 124 $ 24,180 S 1,575 $ 61,600 $ 87,355
28 Board and Cwnnl Meeu . 40 40 $ 11 800 S 302 S 892 $ 13.094
-_-
2.9 TWDB S,emnlal for Contingent Aware 2 8 8 18 S 3,710 $ - S 992 $ 4,702
2.10 TWDB Submittal for NTP 2 8 8 18 S 3 710 $ $ 982 i 1702
2.11__ Awn wrlh Seled;onof Material Taa irlg Lab 2 16 -- 18 S 4,750 t_ - S 7,350_ S 12,100
3.0 Stakeholder Coordination _
3.1 TCFM Permit Renewal S $
_ E 4738 S 473g
Total Basic Services Hours 302 32 409 48 40 70 80 160 138 1 S 292 150 S 2 954 S 4E0 715 W9
Task Expenses Was Meals Pnnbng Hotel Travel Other Other Other Other Total Expanses
1.0 Project Management
1.1 P,og,ess Meetings;%� 420 25 S 274
1.2_ Prolecl Ad--t al,n - 50 _ E 53
2-e _ Bidding Services
2.1 Ran Issuance and Pre-Proposal Meetin s 15C 100 $ 193
2.2 Reapord to Question and lases Addenda 100 $ 105
2.3 SlDatnwom Evaluation --�� $ -
2.4 Proposal Openrg,Bid Tabulation,and Proposal Review _--200 _._ _ 100_ _ $ 223
2.5 Inarview S 150 100 E 193
2.6__ Pnong Review and Negotolwn Suppod 80 $ 36
2.7 G-f mad Do-Recommendation of Award,Assemble Final Con act 1,500 $ 1.575
2.0 _ Board anti C-1 Meebrps 300 120 $ 302
2.9 TWOB S,d_mmm le,Corti ere Award f
2.10 TWDBS,Dm4allor NTP S -
2.11 Awat with Seled,on of Material TestingLab _ $
R3.0 Stakeholder Coordination
3.1 TCFM Permit Renewal $
otal txpen,e, ort
Task Subconsutis ft Schnabel KFr,ese JHE FNI(JV Total Sub Effort
Partner)
1.0 Project Management
1.1 Progress Maahrgs(71 - 8,000 3,556 1,725 9,657 E 23,803
1.2 Proles Adm,asu 02 14,104 9,040 983 29,726 $ 55060
2.0 Bidding Services
2.1 Ran Issuance anti Pre-Proposal Men 15,212 1 016 1.725 15.247 $ 34 D98
2.2 rid to Oueat;on eat lase Addenda 15 832 7 535 3,450 101,498 $ 129,656
2.3 SuMtewor,s Evaluaon 8176 1 395 21 473 $ 31 523
2A Proposal Open ,Bid Tab1ation,and R W Review 18 932 1 630 6 900 17 543 $ 44 279
2.5 Inerwew Support 17,624 1,210 6,561 $ 26,337
2,8 @WMD.rS�l
Review s_d N otiation n 8 432 2 835 5 175 12 212 $ 29 4772.7 ed Doc.Rewmmendation of Aware,AawmDN Final Garrett 044 1,565 58,965 $ 61,600
2.8 m C-1 Meeting. 944 $ 992
2.9 S,emmal for Conergent Award 944 $ 992
2.10 for NTP 944- - - $ 992
2.11 Assist with Selection of Material Testing Lab 7.000 _ $ 7,350
3.0 Stakeholder Coordination
3.1 TCFM Permit Renewal 4,736 $ 4.736
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