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R-2021-329 - 12/16/2021 RESOLUTION NO. R-2021-329 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, BCRUA desires to retain engineering services for the BCRUA Phase 1D Water Treatment Plant Expansion Project; and WHEREAS, Walker Partners has submitted a Contract for Engineering Services to provide said services;and WHEREAS, the City desires to authorize the BCRUA to enter into said contract with Walker Partners,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 a Contract for Engineering Services with Walker Partners for the BCRUA Phase 1D Water Treatment Plant Expansion 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 16th day of December, 2021. CRAKK4 RGAN or City of R nd Roc exas ATTEST: � IM 06 M AGAN S KS, City Clerk 0112.1804;4893-10484229 EXHIBIT „A„ ' �• BRUSHY CREEK REGIONAL UTILITY AUTHORITY n P .nershlp of Cedar Park. Leander. and Round Rock BRUSHY CREEK REGIONAL UTILITY AUTHORITY CONTRACT FOR ENGINEERING SERVICES FIRM: WALKER PARTNERS ("Engineer") ADDRESS: 804 Las Cimas Parkway, Suite 150,Austin,TX 78746 PROJECT: BCRUA Phase 1D Water Treatment Plant Expansion THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the day of , 2021 by and between the BRUSHY CREEK REGIONAL UTILITY AUTHORITY, a Texas local government corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as "BCRUA"), and Engineer, and such Contract is for the purpose of contracting for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, BCRUA and Engineer desire to contract for such professional engineering services; and WHEREAS, BCRUA and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: Engineering Services Contract Rev.06/12 0140.4634-55;4871-1469-0820 196074 1 CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 BCRUA SERVICES BCRUA shall perform or provide services as identified in Exhibit A entitled `BCRUA Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by BCRUA and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time, which shall be subject to the approval of the General Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then BCRUA shall have the right to terminate this Contract as set forth below in Article 20. So long as the BCRUA elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify BCRUA in writing as soon as possible if he/she/it determines, or reasonably anticipates,that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. 2 (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by BCRUA to proceed as provided in Article 7. ARTICLE 4 COMPENSATION BCRUA shall pay and Engineer agrees to accept the amount shown below as full compensation for the Engineering Services performed and to be performed under this Contract. The amount payable under this Contract, without modification of the Contract as provided herein, is the sum of One Million Three Hundred Seventy-Five Thousand Eight Hundred Forty-Eight and No/100 Dollars ($1,375,848.00) as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written Supplemental Contract in the event of a change in Engineering Services as authorized by BCRUA. Engineer shall prepare and submit to BCRUA monthly progress reports in sufficient detail to support the progress of the Engineering Services and to support invoices requesting monthly payment. Any preferred format of BCRUA for such monthly progress reports shall be identified in Exhibit B. Satisfactory progress of Engineering Services shall be an absolute condition of payment. The fee herein referenced may be adjusted for additional Engineering Services requested and performed only if approved by written Supplemental Contract. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to BCRUA, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of Engineering Services accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to BCRUA. This submittal shall also include a progress assessment report in a form acceptable to BCRUA. Progress payments shall be made in proportion to the percentage of completion of Engineering Services identified in Exhibit D. Progress payments shall be made by BCRUA based upon Engineering Services actually provided and performed. Upon timely receipt and approval of each statement, BCRUA shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. BCRUA reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to BCRUA, adequate and sufficient in its determination,that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. 3 ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which BCRUA receives a correct invoice for services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply in the event: A. There is a bona fide dispute between BCRUA and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract,grant, regulation, or statute prevent BCRUA from making a timely payment with federal funds;or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Engineering Services performed which causes the payment to be late; or D. The invoice is not mailed to BCRUA in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. BCRUA shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non-disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED The Engineer shall not proceed with any task listed on Exhibit B until the BCRUA has issued a written Notice to Proceed regarding such task. The BCRUA shall not be responsible for work performed or costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued. ARTICLE 8 PROJECT TEAM BCRUA's Designated Representative for purposes of this Contract is as follows: Karen Bondy General Manager 221 E. Main Street Round Rock, TX 78664 Cell Number(512) 688-0475 Work Number(512) 215-9151 4 Email Address kbondvna,bcrua.org BCRUA's Designated Representative shall be authorized to act on BCRUA's behalf with respect to this Contract. BCRUA or BCRUA's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineering Services. Engineer's Designated Representative for purposes of this Contract is as follows: Aaron Archer, P.E. Client Manager 804 Las Cimas Parkway, Suite 150 Austin, TX 78746 Telephone Number(512) 382-0021 Email Address aarcher@walkerpartners.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with BCRUA at BCRUA's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by BCRUA, in order for BCRUA to evaluate features of the Engineering Services. At the request of BCRUA or Engineer, conferences shall be provided at Engineer's office, the offices of BCRUA, or at other locations designated by BCRUA. When requested by BCRUA, such conferences shall also include evaluation of the Engineering Services. Should BCRUA determine that the progress in Engineering Services does not satisfy the Work Schedule, then BCRUA shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise BCRUA in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attainment of project Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and BCRUA assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. 5 ARTICLE 10 SUSPENSION Should BCRUA desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by BCRUA giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty-day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from BCRUA to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Contract. If BCRUA suspends the Engineering Services, the contract period as determined in Article 3, and the Work Schedule, shall be extended for a time period equal to the suspension period. BCRUA assumes no liability for Engineering Services performed or costs incurred prior to the date authorized by BCRUA for Engineer to begin Engineering Services, and/or during periods when Engineering Services is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify BCRUA in writing. In the event BCRUA finds that such work does constitute extra work and exceeds the maximum amount payable, BCRUA shall so advise Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Contract. BCRUA shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the Engineering Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If BCRUA deems it necessary to request changes to previously satisfactorily completed Engineering Services or parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract, then Engineer shall make such revisions as requested and as directed by BCRUA. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein, when required to do so by BCRUA. No additional compensation shall be due for such Engineering Services. 6 ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if BCRUA determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the BCRUA. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the BCRUA authorizes full execution of the written Supplemental Contract and authorization to proceed. BCRUA reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Contract are the exclusive property of BCRUA and shall be furnished to BCRUA upon request. All documents prepared by Engineer and all documents furnished to Engineer by BCRUA shall be delivered to BCRUA upon completion or termination of this Contract. Engineer, at its own expense, may retain copies of such documents or any other data which it has furnished BCRUA under this Contract. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of BCRUA, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by BCRUA. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than BCRUA. Engineer may not change the Project Manager without prior written consent of BCRUA. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from BCRUA. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by BCRUA prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 7 ARTICLE 17 EVALUATION OF ENGINEERING SERVICES BCRUA, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of BCRUA or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by BCRUA before any final report is issued. BCRUA's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing,of both parties. (2) By BCRUA, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By BCRUA, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30)days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should BCRUA terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, BCRUA shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering 8 Services completed at that time. Should BCRUA terminate this Contract under Subsection (4) immediately above, then the amount charged during the thirty-day notice period shall not exceed the amount charged during the preceding thirty (30)days. If Engineer defaults in the performance of this Contract or if BCRUA terminates this Contract for fault on the part of Engineer, then BCRUA shall give consideration to the actual costs incurred by Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to BCRUA, the cost to BCRUA of employing another firm to complete the Engineering Services required and the time required to do so, and other factors which affect the value to BCRUA of the Engineering Services performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of BCRUA and Engineer under this Contract, except the obligations set forth herein in Article 21 entitled"Compliance with Laws." If the termination of this Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then BCRUA may take over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to BCRUA for any additional and reasonable costs incurred by BCRUA. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the Engineering Services under this Contract. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Contract, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish BCRUA with satisfactory proof of his/her/its compliance. Engineer shall further obtain all permits and licenses required in the performance of the Engineering Services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the Engineering Services performed hereunder. BCRUA is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless BCRUA and its officers and employees from all claims and liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this Contract, which are caused by or which result from the negligent error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. 9 Engineer shall also save and hold BCRUA harmless from any and all expenses, including but not limited to reasonable attorneys fees which may be incurred by BCRUA in litigation or otherwise defending claims or liabilities which may be imposed on BCRUA as a result of such negligent activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. BCRUA shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to BCRUA in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON-COLLUSION,FINANCIAL INTEREST PROHIBITED (1) Non-collusion. Engineer warrants that he/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, BCRUA reserves and shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per claim from a company authorized to do insurance business in Texas and 10 otherwise acceptable to BCRUA. Engineer shall also notify BCRUA, within twenty-four (24) hours of receipt, of any notices of expiration, cancellation, non-renewal, or material change in coverage it receives from its insurer. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section(3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. BCRUA shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non- renewal or reduction in limits by endorsement a notice thereof shall be given to BCRUA by certified mail to: BCRUA General Manager 221 East Main Street Round Rock, TX 78664 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by BCRUA,to any such future coverage, or to BCRUA's Self-Insured Retentions of whatever nature. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with BCRUA. Such Certificates of Insurance are evidenced as Exhibit E herein entitled"Certificates of Insurance." ARTICLE 27 COPYRIGHTS BCRUA shall have the royalty-free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. 11 ARTICLE 28 SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of BCRUA. ARTICLE 29 SE VERABILITY In the event any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between BCRUA and Engineer, shall be kept on a generally recognized accounting basis and shall be available to BCRUA or its authorized representatives at mutually convenient times. The BCRUA reserves the right to review all records it deems relevant which are related to this Contract. ARTICLE 32 NOTICES All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective addresses: BCRUA: Brushy Creek Regional Utility Authority Attention: BCRUA General Manager 221 East Main Street Round Rock, TX 78664 12 and to: Stephan L. Sheets BCRUA Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Aaron Archer, P.E. Client Manager 804 Las Cimas Parkway, Suite 150 Austin, TX 78746 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage is caused to BCRUA due to Engineer's negligent failure to perform BCRUA may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of BCRUA's additional legal rights or remedies. (2) Force Majeure. Neither BCRUA nor Engineer shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all professional engineering, consulting and related services performed or furnished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. 13 (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion,judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion,judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above-stated representations and warranties are made for the purpose of inducing BCRUA to enter into this Contract. IN WITNESS WHEREOF, the BCRUA of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized BCRUA Manager or Mayor, as has Engineer, signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. BRUSHY CREEK REGIONAL UTILITY AUTHORITY APPROVED AS TO FORM: By: Na'Cole Thompson, BCRUA President Stephan L. Sheets, BCRUA Attorney ATTEST: By: Rene Flores,BCRUA Secretary WALKER PAR ERS By: Signature of 10rincipal Printed Name: ..or4c E. a! 'e r, je . 14 LIST OF EXHIBITS ATTACHED (1)Exhibit A BCRUA Services (2)Exhibit B Engineering Services (3)Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5)Exhibit E Certificates of Insurance 15 1 EXHIBIT A BCRUA SERVICES In addition to the other responsibilities of Owner as set forth in this Agreement,the Owner shall at its expense: A. Review and comment on all deliverables in a timely manner. Owner shall provide a single set of consolidated Owner review comments on all deliverables. B. Assist the ENGINEER in coordinating with cooperating jurisdictional and environmental permitting agencies as needed and issue payment for required reviews,approvals, permits and mitigation. C. Issue payment for participation in the Balcones Canyonland Conservation Plan and any other environmental mitigation. D. Issue payment for land acquisition costs, power service upgrades,and easements. E. Participate in project meetings, workshops, and conferences as described in the scope of services. F. Owner is responsible for posting meetings,notices and other technical materials on the Owner website. Owner is also responsible for the public notice of meetings for which public notice is required. G. Provide ENGINEER in a timely manner with all criteria and full information as to Owner's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which Owner shall require to be included in the Drawings and Specifications; and furnish copies of Owner's standard forms, conditions, and related documents for ENGINEER to include in the Bidding Documents, when applicable. H. Furnish to ENGINEER any other available information pertinent to the Project including reports and data relative to previous designs, or investigation at or adjacent to the Site. I. Provide a location for storage of boring core boxes for the life of the project that is accessible to ENGINEER for photographing and testing. Core boxes shall also be made available for a contractor core show. J. Following ENGINEER'S assessment of initially-available Project information and data and upon ENGINEER'S request, furnish or otherwise make available in a timely manner such additional Project related information and data as is reasonably required to enable ENGINEER to complete its Basic and Additional Services. K. Give prompt written notice to ENGINEER whenever Owner observes or otherwise becomes aware of the presence at the Site (Owner water treatment plant and/or Owner floating intake facilities) of any Constituent of Concern, or of any other development that affects the scope or time of performance of ENGINEER'S services, or any defect or nonconformance in ENGINEER'S services, the Work, or in the performance of any Contractor. 11/17/2021 WalkerPartners engineers ,r surveyors 2 L. Authorize ENGINEER to provide Additional Services as set forth in this Agreement, as required. M. Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other documents presented by ENGINEER (including obtaining advice of an attorney, insurance counselor, and other advisors or consultants as Owner deems appropriate with respect to such examination) and render in writing timely decisions pertaining thereto. N. Provide reviews of all permits that may be necessary for completion of each phase of the Project. 0. Provide, as required for the Project: 1) Accounting, bond and financial advisory, independent cost estimating, and insurance counseling services. 2) Legal services with regard to issues pertaining to the Project as Owner requires or deems appropriate, Contractor raises, or ENGINEER reasonably requests, including but not limited to the review of Contract Documents supplied by ENGINEER. 3) Such auditing services as Owner requires to ascertain how or for what purpose Contractor has used the moneys paid 4) Placement and payment for advertisement for Bids in appropriate publications. P. Advise ENGINEER of the identity and scope of services of any independent consultants employed by Owner to perform or furnish services in regard to the Project, including, but not limited to, cost estimating, project peer review, value Engineering, and constructability review. Q. Provide the services of an independent testing laboratory to perform all inspections,tests, and approvals of samples, materials, and equipment required by the Contract Documents, or to evaluate the performance of materials, equipment, and facilities of Owner, prior to their incorporation into the Work with appropriate professional interpretation thereof. R. Provide ENGINEER with the findings and reports generated by the entities providing services to Owner pursuant to this paragraph. 11/17/2021 O'Fen4�gineers er Partners * surveyors 3 EXHIBIT B ENGINEERING SERVICES GENERAL The Project consists of final design of the Phase 1D WTP Expansion which increases the treatment capacity of the Owner WTP from approximately 32.5 million gallons per day(MGD) to approximately 42 MGD. Design of improvements to the existing raw water delivery system and bidding and construction phase services shall be provided as an additional service as a supplemental amendment to this Agreement. ASSUMPTIONS ENGINEER'S assumptions apply to all tasks set forth in this Exhibit. 1) Phase 1D shall include design of the following project elements and facilities: a. Two raw water head tanks and raw water transmission main piping improvements to accommodate the tanks. b. Expansion of the treatment structure to add a new treatment train. Project facilities include two flocculation trains,flocculated water channel, sedimentation basin inlet channel, sedimentation basin, sludge collection equipment, basin outlet channel,filter underdrain, washwater troughs and media for one existing filter bay and interconnecting piping and valves. c. Sludge thickener operating in parallel with the existing sludge thickener per the recommendations of the Phase 1C Basis of Design Report. d. Addition of a second belt filter press and corresponding equipment. e. Addition of a hydropneumatic tank for the plant water system. f. Chemical feed system improvements to the sodium hypochlorite and fluoride feed systems to meet TCEQ storage and capacity requirements for a 42 MGD facility. g. Control and automation. 2) ENGINEER shall prepare the construction contracts as competitive sealed proposals utilizing the City of Cedar Park Division 0 documents (proposal form, agreement general conditions, and supplemental conditions) and CSI MasterFormat specifications (6-digit, 50 division). 3) SCADA integration shall be performed by Owner's SCADA integrator based on a pre- negotiated price that will be included as a bid allowance. ENGINEER shall develop a control narrative and coordinate programming requirements with the Owner's SCADA integrator. 4) Industry standard "homerun"raceway symbol convention will be used. Point-to-point raceway routing will not be provided. 5) The design will be based on the federal, state, and local codes and standards in effect at the start of the project. Any changes in these codes may necessitate a change in scope. 11/17/2021 Walker P=ners engineers * surveyors 4 6) Preparing to serve or serving as a consultant or witness for OWNER in any litigation, arbitration, or other dispute resolution process related to the Project is not included. 7) Draft and final deliverables shall be provided in electronic(PDF)format and 10 printed copies shall be provided to Owner for review and filing. Drawings shall generally be produced as bound sets of half-size(11 x 17)prints. Five bound sets of full-size prints of final bidding documents shall be produced. 8) ENGINEER shall not be required to sign any documents, no matter by whom requested, that would result in the ENGINEER having to certify, guarantee, or warrant the existence of conditions whose existence the ENGINEER cannot ascertain. Owner agrees not to make resolution of any dispute with the ENGINEER or payment of any amount due to the ENGINEER in any way contingent upon the ENGINEER signing any such documents. 9) It is recognized that neither ENGINEER nor the Owner has control over the cost of labor, materials or equipment; over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, ENGINEER cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any opinion of construction cost or evaluation prepared or agreed to by ENGINEER. BASIC SCOPE OF SERVICES Task 1.0- Project Management, Coordination, and Meetings 1.1 Project Administration. 1.1.1 Project Management Plan (PMP). Develop and document the following plans and procedures to coordinate administration of the contract: team communication, quality management, risk management, health and safety, document control, change management, and cost and schedule control. 1.1.2 Manage and coordinate staff resources, subconsultants, and project planning. Conduct weekly team coordination meetings by teleconference. 1.1.3 Prepare monthly invoices and project progress reports and updates for the Owner website portal. 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 or other issues which may have an impact to the overall project budget and/or schedule. 1.1.4 Provide and maintain a project schedule in MS Project format that is updated and submitted monthly with each invoice. 1.1.5 Facilitate document control and document sharing for electronic filing of documents. Develop and coordinate drawing and graphic standards. 1.2 Project Meetings. Attend monthly progress meetings with Owner for a total of 10 meetings. Participants include staff from Owner and ENGINEER, as well as key ENGINEER subconsultant staff. ENGINEER shall prepare meeting minutes and submit for review and comment within 10 days of each meeting. 11/17/2021 Walker Partners engineers * surveyors 5 Task 1.0 Deliverables ■ Monthly invoices and project progress reports ■ Project schedule (submitted monthly) ■ Monthly progress meeting agendas and minutes(10) Task 2.0- 30 Percent Design 2.1 Technical Memoranda (TM). Prepare a series of TMs to document and communicate the scope, design criteria, and details of the following Project components that are not included in the Phase 1C Basis of Design Report. Prepare and submit draft and final versions of the TMs. 2.1.1 Two raw water head tanks. 2.1.2 Chemical feed system improvements to the sodium hypochlorite and fluoride feed systems. 2.1.3 Belt filter press and corresponding equipment. 2.1.4 Hydropneumatic tank for the plant water system. 2.1.5 Replacement of master backwash control valve. 2.2 Define design criteria and major assumptions used in the evaluation and design of equipment, structures, and alternatives. Develop codes, standards, and permitting requirements that guide selection of alternatives, layouts, and equipment. 2.3 Prepare construction drawings at a 30 percent level of completion showing the scope, extent, and character of the work to be performed by or furnished by the Contractor. This level of completion shall generally include the following: cover sheet, sheet index, key plan, general notes, abbreviations and symbols, hydraulic profiles, overall site plan, dimensional layout drawings, grading plans, contractor layout area, overall and partial yard piping plan, treatment structure and tanks plans and sections, process flow diagram, chemical feed system plans and sections, key details, P&IDs, electrical site plans, process system architecture, and one-line diagrams. One site visit will be conducted during preparation of the 30 percent design drawings. 2.4 Prepare a specifications table of contents. 2.5 Prepare a 30 percent design opinion of probable construction costs (OPCC). Contingency shall be set at approximately 30 percent for total project costs. The 30 percent contingency is within the recommended contingency range for a Class 3 estimate based on the guidelines set forth by the American Association of Cost Engineers for a design with 10 to 40 percent project definition level. 2.6 Submit 30 percent design documents to Owner for review. Incorporate Owner comments into subsequent submittals and provide written responses to review comments. 11/17/2021 9 4iner Partners eners * surveyors 6 Task 2.0 Deliverables ■ 30 Percent Design TMs described in Task 2.1. ■ 30 Percent Design Submittal(Drawings, Specifications Table of Contents, Opinion of Probable Construction Costs) Task 3.0- 60 Percent Design Submittal. Prepare drawings and specifications at a 60 percent level of completion showing the scope, extent, and character of the work to be performed by or furnished by the Contractor. 3.1 Prepare construction drawings to a 60 percent level of completion. This level of completion shall advance the drawings prepared for the 30 percent submittal to include additional process mechanical and structural plans, sections, and details, additional electrical and instrumentation sections, schedules, schematics, and details and supplemental standard details. 3.2 Prepare specifications to a 60 percent level of completion. This level of completion shall generally include the following: table of contents, select front end documents, specifications for work related to major project elements, and specifications for major equipment. 3.3 Prepare a 60 percent design opinion of probable construction costs (OPCQ. Contingency shall be set at approximately 20 percent for total project costs. The 20 percent contingency is within the recommended contingency range for a Class 2 estimate based on the guidelines set forth by the American Association of Cost Engineers for a design with 30 to 75 percent project definition level. 3.4 Submit 60 percent design documents to Owner for review. Incorporate Owner comments into subsequent submittals and provide written responses to review comments. Task 3.0 Deliverables ■ 60 Percent Submittal(Drawings, Specifications, Opinion of Probable Construction Costs) Task 4.0-90 Percent Design Submittal. Prepare drawings and specifications at a 90 percent level of completion showing the scope, extent, and character of the work to be performed by or furnished by the Contractor. 4.1 Prepare construction drawings to a 90 percent level of completion. This level of completion is a set of bid-ready documents with the exception of minor comments related to final quality control, Owner review comments, and agency review comments. 4.2 Prepare specifications to a 90 percent level of completion. This level of completion is a set of all contract documents with the exception of minor comments related to final quality control, Owner review comments, and agency review comments. 4.3 Prepare a 90 percent design OPCC. Contingency shall be set at approximately 15 percent which is within the recommended contingency range for a Class 1 estimate based on the guidelines set forth by the American Association of Cost Engineers for a design with 65 to 100 percent project definition level. 11/17/2021 @) r Partners engineers * surveyors 7 4.4 Submit 90 percent design documents to Owner for review. Incorporate Owner comments into subsequent submittals and provide written responses to review comments. Task 4.0 Deliverables ■ 90 Percent Submittal(Drawings, Specifications, Opinion of Probable Construction Costs) Task 5.0- Final Bidding Documents. Prepare final drawings and specifications sealed and signed by a Professional Engineer registered in the State of Texas and showing the scope, extent, and character of the work to be performed by or furnished by the Contractor. 5.1 Prepare and furnish final drawings and specifications with incorporated compliance comments and Owner signatures. 5.2 Prepare an OPCC based on the final documents. Contingency shall be set at approximately 15 percent which is within the recommended contingency range for a Class 1 estimate based on the guidelines set forth by the American Association of Cost Engineers for a design with 65 to 100 percent project definition level. Task 5.0 Deliverables ■ Final Bidding Documents(Drawings and Project Manual) ■ Final Opinion of Probable Construction Cost Task 6.0-Special Services. Prepare deliverables for the following special services required to facilitate the design of the Project and development of bidding documents. 6.1 Geotechnical Engineering. 6.1.1 Geotechnical Investigation. 6.1.1.1 Coordinate and perform two geotechnical investigations for the raw water head tanks. The borings shall be 20 feet deep each with one boring per head tank. Soil stratum shall be sampled at 2-feet intervals using standard penetration test (SPT). Intact rock will be continuously cored. Backfill all borings with cuttings and bentonite chips upon completion. 6.1.1.2 Laboratory Testing. Testing shall include Moisture Content (ASTM D2216), Grain Size Distribution (ASTM D422), Liquid Limit, Plastic Limit, and Plasticity Index of Soils (ASTM D4318), Unconfined Compressive Strength of Rock(ASTM D7012). 6.1.2 Geotechnical Engineering Report (GER)for the WTP site improvements including the raw water head tanks, sludge thickener, and sedimentation basin. A GER shall be prepared summarizing the investigation and subsurface conditions and presenting geotechnical Engineering recommendations for the design of site improvements at those locations. Results from the 2008 Fugro report shall be extracted for recommendations related to the sludge thickener and sedimentation basin where borings have previously been performed during Phase 1A. This report shall be for 11/17/2021 @)Walker Partners engineers * surveyors 8 internal team use for developing the design of these elements and will be included as an information-only document with the bid documents. 6.2 Commissioning and Start-up (C&SU) Plan. 6.2.1 Functionality and Operability Review. Evaluate overall operability and maintenance aspects of the Project at the 90% design development level. Focus of the review shall be P&IDs, control descriptions, overall operability and maintenance aspects that O&M staff will be subjected to upon Project completion. 6.2.2 C&SU Workshop. Plan and conduct a C&SU Workshop with Owner staff. Discuss how staff will be impacted by the Project and gain and understanding of staff and WTP constraints related to C&SU. Discuss training requirements for assets installed as part of the Project. Prepare a meeting agenda and meeting minutes. Task 6.0 Deliverables ■ Geotechnical Engineering Report Task 7.0-Agency and Stakeholder Coordination. 7.1 Texas Commission on Environmental Quality (TCEQ). 7.1.1 Coordinate with TCEQ for permitting review of the project plans and specifications. 7.1.2 Update and submit disinfection CT study. 7.2 Texas Water Development Board (TWDB). Submit Contract Documents for TWDB review and approval. Support Owner coordination with TWDB including progress reporting and project reviews. It is assumed that additional environmental assessments and feasibility reports are not required. Task 7.0 Deliverables ■ Stakeholder and regulatory permitting agency meeting minutes (as required) ■ Applications for permits and approvals(as required) 11/17/2021 (DWAer 1 utnerS engineers * surveyors 9 EXHIBIT C WORK SCHEDULE The assumed overall project schedule is approximately 10 months from notice-to-proceed based on 30%, 60%, 90%, and 100% design durations of 3 months, 3 months, 3 months, and 1 month, respectively, and subject to regulatory agency approvals. 11/17/2021 @)Wodker 1=nerS engineers * surveyors 10 EXHIBIT D FEE SCHEDULE Total compensation for Basic Services set forth in Exhibit B is estimated to be $1,375,848. OWNER shall pay ENGINEER for Basic Services set forth in Exhibit B on the basis of Lump Sum as described in Paragraph 1.0. ENGINEER'S labor and fee summaries are attached as Appendix 1. 1.0 OWNER shall pay ENGINEER for Basic Services Expansion set forth in Exhibit B as follows: A. A Lump Sum amount of $1,375,848 based on the following estimated distribution of compensation: 1. Task 1.0—Project Management, Coordination,and Meetings $163,407 2. Task 2.0 through 5.0—Design Phase $1,137,248 3. Task 6.0—Special Services $64,885 4. Task 7.0—Agency and Stakeholder Coordination $10,308 B. The portion of the Lump Sum amount billed for ENGINEER'S services will be based upon ENGINEER'S estimate of the percentage of the total services actually completed during the billing period for each Task described in Paragraph 1.0.A. C. ENGINEER may not alter the distribution of compensation between individual phases noted herein and shall not exceed the total Lump Sum amount unless approved in writing by the OWNER. D. The Lump Sum includes compensation for ENGINEER'S services and services of ENGINEER'S Consultants, if any. Appropriate amounts have been incorporated in the Lump Sum to account for labor costs,overhead, profit,expenses,and Consultant charges. 11/19/2021 (9)Walker Partners engineers * surveyors Appendix 1 to Exhibit D Brushy Creek Regional Utility Authority(SCRUA) Project FM Surninnary Phase 1D Water Treatment Plant Expansion Basic Services(Tasks 1.0-SA) �. 654 1111712021 Special Serviees(Task_;&0&7.0) 5 194 ___.... __. _....___- Detailed Cost Breakdown Total Project $1,375,848 Basic and S ecial Services Employee JaMe •Rn.r NarM CTeewa- rae ne„ea� Jceaw, GMwle � .,mpror smccan w�x.eawr Total Labor Total Sub swxn p,aaa Total Hours Expense Total Effort Task Pwklon pmep "Mi.amaeer av0c Eronax Prvcm,Eli trN EryMinr aw EIT 1:x0 Admn Suppvl axwv PPlS 2Mn8wy4ew Surwy T,MnoMn Effort Effort Effort Tasks Cwrery FlouryBill Rae $295 $295 $275 $258 Vie Me $105 $180 S82 $200 $150 $110 1.0 Project Management,Coordination and Meetings 1.1 'act Mnnistralkn 4 120 40 40 204 $ 44,496 $ 193 $ 54,728 $ 99,417 1.2 'ctkMak ,I, 2 40 40 16 12 110 $ 25,527 $ 575 $ 37,887 $ 63,990 2.0 30 Percent Design Submknl _ 21 Tsdvca Alarnasrds 10 1 20 BO 200 148 1 1 458 $ 78,827 E - $ 22,6601 E 101,487 22 Dser Cdra 4 8 12 $ 3,160 $ $ 3,091 $ 6,251 23 Caretnrctbi Oreergato30PW-tL-a 2 24 18 80 120 16 60 150 468 $ 82,364 $ 210 $ 102,371 $ 184,945 24 TOC 1 8 9 $ 2,335 E E 1,908 E 4,241 25 OPCC to 30 Peron Lswl 2 4 8 40 8 12 74 $ 10,878 $ $ 4,758 $ 15,636 26 30 Pw-t&b kW ntl Canmaa R 2 4 24 40 4 8 18 98 $ 16,838 $ $ 6,276 $ 23,114 3.0 60 Percent Desgn Submktal F to 60 Paroaa fatal 2 24 18 100 180 16 40 240 618 $ 108,566 $ 210 $ 136,965 $ 245,741 to W Pwmt tawt 2 8 16 24 40 4 8 102 $ 19,614 $ 21 $ 22,395 S 42,030 2 OPCC b OD P.-O LM 2 2 4 16 40 4 68 $ 11,644 $ - $ 5.004 $ 16,648 60 P-1&&naW r d Cams 2 2 8 16 2 8 8 12 58 $ 8,631 $ $ 8,334 $ 16,965 4.0 90 Percent Design Submkhl 4.1 Contruaien to 90Pv L-W 2 24 16 80 140 16 32 200 510 $ 90,746 $ 210 $ 113,177 $ 204,133 4.2 ns Io to 80 Pwcnllswl 2 8 16 120 160 18 24 346 $ 61,746 $ 105 $ 23,977 $ 85,828 4.3 OPCC to 90 Pecan L" 2 2 4 8 16 4 36 $ 6,812 E $ 4.763 $ 11,575 4.4 90 P.-t BWnitW erd Coamsa 2 2 16 24 2 B 8 12 74 $ 11,615 E $ 6,630 $ 18,245 5.0 Final Bidding Documents 5.1 Fsml rrd 2 8 24 80 150 16 40 150 12 482 $ 82,198 $ 368 $ 66.243 $ 148,809 L2 _ Fine OPCC 2 2 4 8 18 2 4 38 $ 6,920 $ - $ 4,680 $ 11,600 6.0 _ Speplal SeMces _8 16--__ _ -- _- _ -- __- 61 1 Osdafrial 8 2 16 - -_--- --- --2 2 � 2 _- - 12- - - 4 1 48 1$ 70,196 $ 1 E 28,579 $ 38,775 8.2 aW SWt PM 2 2 12 16 $ 4,230 $ $ 21,881 $ 26,111 7.0 Agencyand Stakeholder Coordination 7 TCEO 1 2 4 16 23 $ 3,723 $ 53 $ $ 3.776 F1.17WO8 8 16 24 $ 6,480 $ 53 $ JT777776,533 Total Basia Services Hours _ 24 3091 179 836 _ 1,454 110_ _ 244 1,070 90 2 12 4 4,334 $ 697,546 S 1,997 f 676,305 S 1,375,848 Total Basic Services Labor Effort $ 7.080 $ 91,155 1$ 49,225 $ 215.270 $ 167,9371$ 17,1601$ 25,620 $ 192,868 $ 7,416 S 400 $ 11800 $ 440 1 ar 2 t1/1 1:K1;1 Brushy Creek Regional Utility Authority(BCRUA) Project Fee Summary Phase I Water Treatment Plant Expansion Basic Services(Tasks 1.0-5.0) $1,300,654 11/17/2021 Special Services(Tasks 6.0 3 7.0) _ $75,194 Detailed Cost Breakdown Total Project 1,375,848 Task Expenses Miles Meals Printing Hotel Travel gabs Other Other Other Other I Other Other Total Exp Effort Ex esa Cost $ 0.560 $ 1.00 $ 1.00 $ 1.00 $ 1.00 _ 100 $ 1,00 $ 1.00 $ 1.00 $ 1.00 $ 1.00 E 1.00 1.0 Project Management,Coordinator and Meetings - ------�--------- _ - _ - - - 1.1 Project Adminbtraton 150 100 $ 193 1.2 Project Medinge(10) Boo 100 $ 575 2.0 30 Percent Design Submittal 2.1 Tred cal MemrM aa E 2.2 -_. Dark.Design Crtre _-.... $ - 2.3 Conatructio,thawirgs to 30 Percent Level 200 $ 210 2.4 Specific -TOC $ - 2.5 OPCC to 30 PrM c Level - - -_- - $ - 2.6 30 Percent Sulon rel arc Conmerl Ral __ __ $ - 3.0 60 Percent Design Submittal 3.1 Cmuruaion Dravvn9s to 60 Percent Laval 200 $ 210 3.2 Specifications,to 60 Percent Level 20 $ 21 3.3 OPCC to 60 Percent Level $ .1 6030 Percent Subnillal and Commit Recovery _- $ 4.0 90 Percent Design Submittal 4A Corstructon Dral to 90 Percent Loral 200 $ 210 4.2 Specification to 90 Percent Leval 100 $ 105 4.3 OPCC to 90 Prot Level $ 4.4 90 Percent SlbmtW are Comment Recovery $ 5.0 Final Bidding Documents 5.1 Foal Drawings and SpecifiWirs, 350 $ 368 5.2 FneI OPCC E 6.0 Special Services 6.1 GeotecMical Engineering 1$ 6.2 C meal and Startup Pen _- Is_.. 7.0 Agency and Stakeholder Coordination 7.1 TCEO 50 1$ 53 7.1.1 TWDB is 53 Total Expenses Efforl S 559 1 s s 1,439 S S S s S s $ $ S $ 1,997 Task Subconsultants FNI Schnabel JHE Total Sub Effort 1.0 Project Management,Coordination and Meetings 1.1 Project Admkist- 48,032 4,090 $ 54,728 1.2 Prc,.t Mel(10) 28.008 8.075 $ 37,887 2.0 30 Percent Design Submittal 2.1 Technoe Motional 21,581 $ 22,660 2.2 Defin Dal Crtre _ 2,944_ $ 3,091 2.3 Crvd-on Devil to 30 Percent Laval 92,809 4,627 $ 102,371 2.4 Speeifieaton TOC 1,815 $ 1,906 75 OPCC to 30 Prl Level 4,531 E 4,758 2.6 30P.-SubrnMal and CanmrY Recovery, 5,977 $ 6,276 3.0 ;60 Percent Design Submittal 3.1 Construction Dev,"to 60 Percent Leval 130,443 $ 136,965 3.2 Specification to 60 Prwt Level 15,535 5,794 $ 22,395 3.3 OPCC to 60 Percent Level 4,766 $ 5,004 3.4 60 Percent Submittal and Commit Recovery 7,937 $ 8.334 4.0 90 Percent Design Submittal 4.1 Construction Drin ngs to 90 Proerd Level 107,788 $ 113,177 4.2 Specifications to 90 Prod Level 18,208 4,627 $ 23,977 4.3 _OPCC to 90 Percent Love 4,536 $ 4,763 44 _.'. 90 Percent S6mdtal and Cammarl Ramry._._.. 8,311 _ $ 8,630 5.0 ';Final Bidding Documents 5.1 Final Drawl and Speciicaems 59,e30 3,459 $ 66,243 5.2 Final 4,457 $ 4,680 6.0 Special Services 6.1 Geaadnical Engineering 4,218 23,000 $ 28,579 6.2 Comnnina g and Start-up Plan 7,002 13,837 $ 21,881 7.0 Agency and Stakeholder Coordination 71 TCEO $ 7.1.1 TWDB $ Total Subeonsuttams Effort S 505,421 1 S 24,150 1 S 45,734 1$ I s $ s s l$ S $ $ S 676,305 2.(2 11/17/1021 E)GHBIT E Certificates of Insurance Attached Behind This Page WALKPAR-01 CDUNCAN CERTIFICATE OF LIABILITY INSURANCE D 11 19/2021Y) `.� 11/19/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Chelsl Duncan NAME: Ward&Moore insurance Services PHONE FAX PO Box 179 (A/C,No,Ext):(264)865-8411 (A/C,No): Gatesville,TX 76528 gppRliSS:cduncani@mrd-moore.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:The Cincinnati Casualty Company 28665 _ INSURED INSURERB:Texas Mutual Insurance Company 22945 Walker Partners,LLC INSURER C:BeazleV Insurance Company Inc. 37540 823 Washington Ave,Ste 100 INSURERD: Waco,TX 76701-1252 - INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS IN D WVD MM/DD/YY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS-MADE X OCCUR EPP 0266941 7/30/2021 7/3012022 DAMAGE TO RENTED 1,000,000 occurrence) $ X PD Deductible: $250 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER. 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The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:WALKPAR-01 CDUNCAN LOC#: 1 ACORO ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED LC Ward&Moore Insurance Services Walker Partners,823 Wash inggton Aveve Ste 100 POLICY NUMBER Waco,TX 76701-1251 EE PAGE 1 McLennan CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS _ THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/LocationsNehicles: Limits: $5,000,000 Each Claim -Includes Claims Expenses $5,000,000 Aggregate -Includes Claims Expenses $100,000 Deductible Each Claim -Includes Claims Expenses ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD