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GM-17-02-22-069
engineers * surveyors 6850 Austin Center Blvd., Suite 150 Austin, Texas 78731 February 14, 2017 Mr. Tom Gallier, General Manager Brushy Creek Regional Utility Authority 221 East Main Street Round Rock, TX 78664 Re: Engineering Services Proposal for City of Leander Offsite Raw Water Delivery Point and Onsite Finished Water Delivery Point Improvements Dear Mr. Gallier: Walker Partners is pleased to submit this proposal for professional engineering services in connection with designing improvements for the City of Leander raw water delivery point located on FM 1431 and the finished water delivery point located at the Brushy Creek Regional Utility Authority (BCRUA) Water Treatment Plant (WTP). The project involves the following services: • Design of a delivery control valve on the City of Leander finished water delivery take point at the BCRUA WTP. A motor operated ball valve will be installed on an existing 30-inch diameter delivery line, and the delivery system will include a bypass line. • Design of a motor operator for an existing 12-inch gate valve at the City of Leander raw water take point. • Design of electrical and instrumentation systems for both delivery points to provide control and operation capabilities to BCRUA. • Coordination of SCADA system requirements for BCRUA and the City of Leander with TMT. « Preparation of an opinion of probable construction costs. • Preparation of Contract Documents for bidding by competitive sealed proposal using the City of Cedar Park front end documents. • Assistance with advertising, obtaining, and evaluating proposals for the Work. • Acting as the Owner's representative during the construction of the project. We propose to provide these services based on a lump sum basis for an amount not to exceed $48,900. If it becomes apparent that the compensation amount will be exceeded, Walker Partners will give written notice of thereof for BCRUA's consideration. The project is anticipated to require approximately five months complete after authorization to proceed. Design, bidding, and construction phase services will require approximately two months, one month, and two months, respectively. www.WalkerPartners.com TBPE Registration No. 8053 | TBPLS Registration No. 10032500 Please review this proposal at your convenience and contact me if you have any questions or need additional information to support your review. If this proposal is acceptable, please acknowledge your acceptance by signing and returning one copy of the attached agreement for our files. Sincere i Aaron Archer, P.E' John Lindner, P.E. Project Manager Chief Operating Officer BRUSHY CREEK REGIONAL UTIJ_177Y AUTHORITY WALKER PARTNERS, LLC "OWNER" "ENGINEER" ` BY: zkit= BY: NAME: Tom Gallier NAME: John Lindner, P.E. TITLE: General Manager TITLE: Chief Operating Officer ADDRESS: 221 E. Main Street ADDRESS: 6850 Austin Center Blvd, Suite 150 Round Rock, TX 78664 Austin, TX 78731 Attachments www.WalkerPartners.com 2 2/15/2017 EXHIBIT A OWNER 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. OWNER will provide a single set of consolidated OWNER review comments on all deliverables. B. 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 will 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. C. 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. D. 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. E. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of the presence at the Site 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. F. Authorize ENGINEER to provide Additional Services as set forth in this Agreement as required. G. Arrange for safe access to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER to perform services under the Agreement. H. 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. I. Provide reviews of all permits that may be necessary for completion of each phase of the Project. J. Provide, as required for the Project: 1) Accounting, bond and financial advisory, independent cost estimating, and insurance counseling services. 2/15/2017 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. K. 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. L. If more than one prime contract is to be awarded for the Work designed or specified by ENGINEER, designate a person or entity to have authority and responsibility for coordinating the activities among the various prime Contractors, and define and set forth the duties, responsibilities, and limitations of authority of such individual or entity and the relation thereof to the duties, responsibilities, and authority of ENGINEER as an attachment to this Task Order that is to be mutually agreed upon and made a part of this Agreement before such services begin. M. Attend the construction progress and other job related meetings, and Substantial Completion and final payment inspections. N. 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. O. Provide ENGINEER with the findings and reports generated by the entities providing services to OWNER pursuant to this paragraph. 2/15/2017 EXHIBIT B ENGINEERING SERVICES GENERAL OWNER plans to construct a delivery control valve on the City of Leander take‐point at the OWNER water treatment plant for delivery of water to the City of Leander. OWNER also requires improvements on a raw water delivery line to the City of Leander to modify control and operation. ENGINEER shall provide the necessary design, bid, and construction phase engineering services as set forth below. BASIC SCOPE OF SERVICES Task 1.0 ‐ Design Phase 1.1 Consult with OWNER to define and clarify OWNER’S requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary limitations, and identify available data, information, reports, facilities plans, and site evaluations. 1.2 Visit the Project sites at the OWNER water treatment plant and raw water transmission main to review existing conditions and facilities. 1.3 Advise OWNER of any need for OWNER to obtain, furnish, or otherwise make available to ENGINEER additional Project‐related data and information, for ENGINEER’S use in the study and evaluation of potential solution(s) to OWNER’S Project requirements, and preparation of a related report. 1.4 Coordinate with OWNER’S SCADA integrator to develop a bid allowance for SCADA/telemetry programming and communications. 1.5 Prepare final Drawings and Specifications indicating the scope, extent, and character of the Work to be performed and furnished by Contractor. Specifications shall conform to the 16‐ division format of the Construction Specifications Institute and will be based upon ENGINEER’S master specifications with the exception of front‐end, Division 0 documents which shall be supplied by the City of Cedar Park. 1.6 Assist OWNER in consultations with authorities having jurisdiction to review or approve the final design of the Project and revise the Drawings and Specifications in response to directives from such authorities. Development of permit applications by ENGINEER is not anticipated or included in the scope of work. Consultation with additional authorities and development of permit applications are Additional Services. 1.7 Prepare for review and approval by OWNER, its legal counsel and other advisors, contract agreement forms, general and supplementary conditions of the construction contract, proposal form, and invitation to bid and instructions to bidders. 1.8 Prepare an opinion of probable construction cost. Advise OWNER of any adjustments to the opinion of probable Construction Cost known to ENGINEER. It is recognized, however, that neither ENGINEER nor the OWNER has control over the cost of labor, materials or 2/15/2017 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 estimate of Construction Cost or evaluation prepared or agreed to by ENGINEER. 1.9 Coordinate and meet with OWNER at the 90 percent complete milestone to review the plans and specifications. Five sets of 90 percent documents will be provided for this review meeting. Within 7 days of receipt, OWNER shall submit to ENGINEER any comments. 1.10 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. 1.11 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. 1.12 Identify activities to be performed by OWNER prior to bidding and awarding the Work. 1.13 Revise the Bidding Documents in accordance with comments and instructions from the OWNER, as appropriate, and submit 10 final copies of the Bidding Documents (half‐size drawings), a revised opinion of probable Construction Cost, and any other deliverables to OWNER within 14 calendar days after receipt of OWNER’S comments and instructions. 1.14 ENGINEER’S services under the Design Phase will be considered complete on the date when the submittals required by Task 1.13 above have been delivered to OWNER. 1.15 In the event that the Work designed or specified by ENGINEER is to be performed or furnished under more than one prime contract, or if ENGINEER’S services are to be separately sequenced with the work of one or more prime Contractors (such as in the case of fast‐tracking), OWNER and ENGINEER shall, prior to commencement of the Design Phase, develop a revised scope, fee and schedule for performance of ENGINEER’S services during the Design, Bidding, and Construction Phases in order to sequence and coordinate properly such services as are applicable to the work under such separate prime contracts. This schedule is to be prepared and included in or become an amendment to this Proposal. 1.16 The number of prime contracts for Work designed or specified by ENGINEER upon which the ENGINEER’s compensation has been established under this Agreement is one (1). If more prime contracts are awarded, ENGINEER shall be entitled to an equitable increase in its compensation under this Agreement. 1.17 The OWNER’S bidding laws/requirements may require the pre‐qualification of bidders for the prime contract or subcontracts for the Project. The level of effort required of the ENGINEER for this Work can vary greatly. The ENGINEER shall be entitled to an equitable increase in its compensation under this Agreement for assisting the OWNER in prequalifying prime contractors and/or subcontractors for this Project. 2/15/2017 Task 2.0 ‐ Bidding Phase 2.1 Assist OWNER in advertising for and obtaining bids or proposals for the Work and, where applicable, maintain a record of prospective bidders to whom Bidding Documents have been issued, attend pre‐Bid conferences, if any, and receive and process contractor deposits or charges for the Bidding Documents. 2.2 Issue Addenda as appropriate to clarify, correct, or change the Bidding Documents. 2.3 Provide information or assistance needed by OWNER in the course of any negotiations with prospective contractors. 2.4 Consult with OWNER to determine the acceptability of substitute materials and equipment proposed by potential contractor(s) when substitution prior to the award of contracts is allowed by the Contract Documents. 2.5 Consult with OWNER as to the acceptability of subcontractors, suppliers, and other individuals and entities proposed by prospective contractors for those portions of the Work as to which such acceptability is required by the Bidding Documents. Prequalifying prime contractors and subcontractors is not included in this effort. 2.6 Attend a pre‐bid meeting, Bid opening, prepare Bid tabulation sheets, and assist OWNER in evaluating Bids or proposals and in assembling and awarding contracts for the Work. 2.7 The Bidding Phase will be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective contractors. Task 3.0 ‐ Construction Phase 3.1 General Administration of Construction Contract. Consult with OWNER and act as OWNER’S representative as provided in the General Conditions. The extent and limitations of the duties, responsibilities, and authority of ENGINEER as assigned in the General Conditions shall not be modified, except as ENGINEER may otherwise agree in writing. All of OWNER’S instructions to Contractor will be issued through ENGINEER, which shall have authority to act on behalf of OWNER in dealings with Contractor to the extent provided in this Agreement and the General Conditions except as otherwise provided in writing. 3.2 Selecting Independent Testing Laboratory. No independent testing laboratory activities are anticipated or included. 3.3 Pre‐Construction Conference. Participate in a Pre‐Construction Conference prior to commencement of Work at the Site. 3.4 Schedules. Receive, review, and determine the acceptability of any and all schedules that Contractor is required to submit to ENGINEER, including the Progress Schedule, Schedule of Submittals, and Schedule of Values. 3.5 Baselines and Benchmarks. Assist OWNER in establishing baselines and benchmarks for locating the Work which in ENGINEER’S judgment are necessary to enable Contractor to proceed. 3.6 Visits to Site and Observation of Construction. In connection with observations of Contractor’s Work while it is in progress: 2/15/2017 3.6.1 Make visits to the Site to observe as an experienced and qualified design professional the progress and quality of Contractor’s executed Work. ENGINEER shall make two visits to the site during construction exclusive of a preconstruction conference. Such visits and observations by ENGINEER, and the Resident Project Representative, if any, are not intended to be exhaustive or to extend to every aspect of Contractor’s Work in progress or to involve detailed inspections of Contractor’s Work in progress beyond the responsibilities specifically assigned to ENGINEER in this Agreement and the Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on ENGINEER’S exercise of professional judgment as assisted by the Resident Project Representative, if any. Based on information obtained during such visits and observations, ENGINEER will determine in general if the Work is proceeding in accordance with the Contract Documents, and ENGINEER shall keep OWNER informed of the progress of the Work. 3.6.2 The purpose of ENGINEER’S visits to, and representation by the Resident Project Representative, if any, at the Site, will be to enable ENGINEER to better carry out the duties and responsibilities assigned to and undertaken by ENGINEER during the Construction Phase, and, in addition, by the exercise of ENGINEER’S efforts as an experienced and qualified design professional, to provide for OWNER a greater degree of confidence that the completed Work will conform in general to the Contract Documents and that Contractor has implemented and maintained the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. ENGINEER shall not, during such visits or as a result of such observations of Contractor’s Work in progress, supervise, direct, or have control over Contractor’s Work, nor shall ENGINEER have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by Contractor, for security or safety on the Site, for safety precautions and programs incident to Contractor’s Work, nor for any failure of Contractor to comply with Laws and Regulations applicable to Contractor’s furnishing and performing the Work. Accordingly, ENGINEER neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor’s failure to furnish and perform the Work in accordance with the Contract Documents. 3.7 Defective Work. ENGINEER will have the authority to reject Contractor's Work while it is in progress if, on the basis of ENGINEER’S observations, ENGINEER believes that such Work will not produce a completed Project that conforms generally to the Contract Documents or that it will threaten the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. However, neither ENGINEER’S authority to reject Work nor ENGINEER’S decision to exercise or not exercise such authority shall give rise to a duty or responsibility of the ENGINEER to Contractors, Subcontractors, material and equipment suppliers, their agents or employees, or any other person(s) or entities performing any of the Work, including but not limited to any 2/15/2017 duty or responsibility for Contractors' or Subcontractors' safety precautions and programs incident to the Work. 3.8 Clarifications and Interpretations; Field Orders. Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of Contractor's work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. ENGINEER may issue Field Orders authorizing minor variations in the Work from the requirements of the Contract Documents. 3.9 Change Orders and Work Change Directives. Recommend Change Orders and Work Change Directives to OWNER, as appropriate, and prepare Change Orders and Work Change Directives as required. 3.10 Shop Drawings and Samples. Shop drawing review and approval activities are not anticipated or included. 3.11 Substitutes and "or‐equal.” Evaluate and determine the acceptability of substitute or "or‐ equal" materials and equipment proposed by Contractor. 3.12 Inspections and Tests. Require such special inspections or tests of Contractor's work as deemed reasonably necessary, and receive and review all certificates of inspections, tests, and approvals required by Laws and Regulations or the Contract Documents. ENGINEER’S review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. ENGINEER shall be entitled to rely on the results of such tests. 3.13 Change Proposals and Claims: Review and respond to Change Proposals. Review each duly submitted Change Proposal from Contractor and, within 30 days after receipt of the Contractor’s supporting data, either deny the Change Proposal in whole, approve it in whole, or deny it in part and approve it in part. Such actions shall be in writing, with a copy provided to OWNER and Contractor. If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then ENGINEER will notify the parties that the ENGINEER will not resolve the Change Proposal. Provide information or data to OWNER regarding engineering or technical matters pertaining to Claims. 3.14 Disagreements between OWNER and Contractor. Render formal written decisions on all duly submitted issues relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents pertaining to the execution, performance, or progress of Contractor's Work; review each duly submitted Claim by OWNER or Contractor, and in writing either deny such Claim in whole or in part, approve such Claim, or decline to resolve such Claim if ENGINEER in its discretion concludes that to do so would be inappropriate. In rendering such decisions, ENGINEER shall be fair and not show partiality to OWNER or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. 2/15/2017 3.15 Applications for Payment. Based on ENGINEER’S observations as an experienced and qualified design professional and on review of Application for Payment and accompanying supporting documentation: 3.15.1 Determine the amounts that ENGINEER recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute ENGINEER’S representation to OWNER, based on such observations and review, that, to the best of ENGINEER’S knowledge, information and belief, Contractor's Work has progressed to the point indicated, the quality of such Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER’S responsibility to observe Contractor's Work. In the case of unit price work, ENGINEER’S recommendations of payment will include final determinations of quantities and classifications of Contractor's Work (subject to any subsequent adjustments allowed by the Contract Documents). 3.15.2 By recommending any payment, ENGINEER shall not thereby be deemed to have represented that observations made by ENGINEER to check the quality or quantity of Contractor's Work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor's Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to ENGINEER in this Agreement and the Contract Documents. Neither ENGINEER’S review of Contractor's Work for the purposes of recommending payments nor ENGINEER’S recommendation of any payment including final payment will impose on ENGINEER responsibility to supervise, direct, or control Contractor's Work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor's compliance with Laws and Regulations applicable to Contractor's furnishing and performing the Work. It will also not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the Work in progress, materials, or equipment has passed to OWNER free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between OWNER and Contractor that might affect the amount that should be paid. 3.16 Contractor's Completion Documents. Receive, review, and transmit to OWNER maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by the Contract Documents, certificates of inspection, tests and approvals, Shop Drawings, Samples and other data approved, and the annotated record documents which are to be assembled by Contractor in accordance with the Contract Documents to obtain final payment. 2/15/2017 3.17 Substantial Completion. Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with OWNER and Contractor, conduct an inspection to determine if the Work is substantially complete. If after considering any objections of OWNER, ENGINEER considers the Work substantially complete, ENGINEER shall deliver a certificate of Substantial Completion to OWNER and Contractor. 3.18 Final Notice of Acceptability of the Work. Conduct a final inspection to determine if the completed Work of Contractor is acceptable so that ENGINEER may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, ENGINEER shall also provide a notice that the Work is acceptable the best of ENGINEER’S knowledge, information, and belief and based on the extent of the services provided by ENGINEER under this Agreement. 3.19 Duration of Construction Phase. The Construction Phase will commence with the execution of the Construction Contract for the Project or any part thereof and will terminate upon written recommendation by ENGINEER for final payment to Contractors. If the Project involves more than one prime contract, Construction Phase services may be rendered at different times in respect to the separate contracts. ENGINEER shall be entitled to an equitable increase in compensation if Construction Phase services are required after the original date for final completion of the Work as set forth in the construction Contract. 3.20 Limitation of Responsibilities. ENGINEER shall not be responsible for the acts or omissions of any Contractor, or of any subcontractors, suppliers, or other individuals or entities performing or furnishing any of the Work. ENGINEER shall not be responsible for the failure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. ADDITIONAL SCOPE OF SERVICES Task 4.0 ‐ Additional Services Requiring OWNER’S Written Authorization 4.1 Preparation of applications and supporting documents for private or governmental grants, loans, or advances in connection with the Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effects on the design requirements for the Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project. 4.2 Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by OWNER or others. 4.3 Services resulting from significant changes in the scope, extent, or character of the portions of the Project designed or specified by ENGINEER or its design requirements including, but not limited to, changes in size, complexity, OWNER’S schedule, character of construction, or method of financing; and revising previously accepted studies, reports, Drawings, Specifications, or Contract Documents when such revisions are required by changes in Laws and Regulations enacted subsequent to the Effective Date of this Agreement or are due to any other causes beyond ENGINEER’S s control. 2/15/2017 4.4 Services required as a result of OWNER’S providing incomplete or incorrect Project information to ENGINEER. 4.5 Undertaking investigations and studies including, but not limited to, detailed consideration of operations, maintenance, and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules, and appraisals; assistance in obtaining financing for the Project; evaluating processes available for licensing, and assisting OWNER in obtaining process licensing; detailed quantity surveys of materials, equipment, and labor; and audits or inventories required in connection with construction performed by OWNER. 4.6 Furnishing services of Consultants for other than Basic Services. 4.7 Services attributable to more than one prime construction contract. 4.8 Services attributable to assisting the OWNER in prequalifying prime contractors and/or subcontractors/suppliers for this Project. 4.9 Preparing for, coordinating with, participating in and responding to structured independent review processes, including, but not limited to, construction management, cost estimating, project peer review, value engineering, and constructability review requested by OWNER; and performing or furnishing services required to revise studies, reports, Drawings, Specifications, or other Bidding Documents as a result of such review processes. 4.10 Preparing additional Bidding Documents or Contract Documents for alternate bids or prices requested by OWNER for the Work or a portion thereof. 4.11 Assistance in connection with Bid protests, rebidding, or renegotiating contracts for construction, materials, equipment, or services. 4.12 Providing construction surveys and staking to enable Contractor to perform its work, and any type of property surveys or related engineering services needed for the transfer of interests in real property; and providing other special field surveys. 4.13 Providing Construction Phase services beyond the original date for final completion of the Work. 4.14 Providing assistance in responding to the presence of any Constituent of Concern at the Site, in compliance with current Laws and Regulations. 4.15 Preparation of comprehensive operation and maintenance manuals beyond that required to be supplied by the Contractor within the Construction Contract. 4.16 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. 4.17 Providing more extensive services required to enable ENGINEER to issue notices or certifications requested by OWNER. 4.18 Other services performed or furnished by ENGINEER not otherwise provided for in this Agreement. 2/15/2017 Task 5.0 ‐ Additional Services Not Requiring OWNER’S Written Authorization 5.1 Services in connection with Work Change Directives and Change Orders to reflect changes requested by OWNER. 5.2 Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitute materials or equipment other than "or‐equal” items; and services after the award of the Construction Contract in evaluating and determining the acceptability of a substitution which is found to be inappropriate for the Project or an excessive number of substitutions. 5.3 Services resulting from significant delays, changes, or price increases occurring as a direct or indirect result of materials, equipment, or energy shortages. 5.4 Additional or extended services during construction made necessary by (1) emergencies or acts of God endangering the Work, (2) the presence at the Site of any Constituent of Concern, (3) Work damaged by fire or other cause during construction, (4) a significant amount of defective, neglected, or delayed work by Contractor, (5) acceleration of the progress schedule involving services beyond normal working hours, or (6) default by Contractor. 5.5 Services (other than Basic Services during the Post‐Construction Phase) in connection with any partial utilization of any part of the Work by OWNER prior to Substantial Completion. 5.6 Reviewing a Shop Drawing or other Contractor submittal more than three times, as a result of repeated inadequate submissions by Contractor. 2/15/2017 ADDENDUM TO EXHIBIT C WORK SCHEDULE The following schedule has been developed for the Basic Scope of Services (duration begins with Notice to Proceed). Task Description Duration of Phase 1.0 Design Phase 2 months 2.0 Bidding Phase 1 month 3.0 Construction Phase 2 months 2/15/2017 EXHIBIT D COMPENSATION Total compensation for Basic Services set forth in Exhibit B is estimated to be $48,900 OWNER shall pay ENGINEER for Basic Services set forth in Exhibit B on the basis of Lump Sum as described in Paragraph 1.0. 1.0 OWNER shall pay ENGINEER for Basic set forth in Exhibit B as follows: 1.1 A Lump Sum amount of $48,900. ENGINEER shall not exceed the total Lump Sum amount unless approved in writing by the OWNER. 1.2 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. 1.3 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. Brushy Creek Regional Utility Authority City of Leander Offsite Raw Water Delivery Point and Onsite Finished Water Delivery Point Improvements Fee and Labor Summary Labor Summary Project Project QC Senior Admin Total Manager Engineer Reviewer Technician Support Hours TASK DESCRIPTION 1.0 Design Phase 13 106 11 93 9 2.0 Bid Phase 412 210 3.0 Construction Phase 16 30 6 16 Total Hours 33 148 11 101 35 328 Fee Summary Total Fee TASK DESCRIPTION 1.0 Design Phase $37,000 2.0 Bid Phase $3,900 3.0 Construction Phase $8,000 Total Fee $ 48,900 2/15/2017 EXHIBIT E CERTIFICATE OF INSURANCE INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $AUTOS (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2014/01) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 2/14/2017 Ward & Moore Ins Services LP P. O. Box 179 Gatesville, TX 76528 254 865-8411 Eva Limmer 254 865-8411 254 865-8414 elimmer@ward-moore.com Walker Partners, LLC 600 Austin Ave, Ste 20 Waco, TX 76701 The Cincinnati Casualty Co Texas Mutual Ins Co Beazley Insurance Co Inc 28665 22945 A X X X X EPP0266941 07/30/2016 07/30/2017 1,000,000 1,000,000 10,000 1,000,000 2,000,000 2,000,000 A X X X EBA0266941 07/30/2016 07/30/2017 1,000,000 A X X X 0 EPP0266941 07/30/2016 07/30/2017 2,000,000 2,000,000 B N 0001226901 07/30/2016 07/30/2017 X 1,000,000 1,000,000 1,000,000 C Professional & Engineers Profes- sional &Pollution V11CD0160601 07/30/2016 07/30/2017 5,000,000 Each Claim 5,000,000 Aggregate 100,000 Ded. Each Claim Project: City of Leander Delivery Point Improvements Additional Insured endorsement for General Liability, Auto Liability & Umbrella Liability attached. Waiver of Subrogation endorsement for General Liability, Auto Liability & Workers' Compensation attached. 30 Day Notice of Cancellation endorsement for General Liability, Auto Liability, Umbrella Liability & Workers' Compensation policies attached. (See Attached Descriptions) BCRUA General Manager 221 East Main Street Round Rock, TX 78664 1 of 2 #S172343/M159850 WALKPARClient#: 2426 EOL 1 of 2 #S172343/M159850