BCRUA_R-10-04-21-8F RESOLUTION NO. R-10-04-21-8F
WHEREAS, the Brushy Creek Regional Utility Authority, Inc.
( "BCRUA" ) has previously entered into an agreement with Water
Resources Management, L. P. for construction phase
inspection/observation services on the Regional Water Treatment
Plant, and
WHEREAS, water Resources Management, L. P. has submitted
Supplemental Agreement No. 1 to the Agreement to modify the
provisions for the scope of services, and
WHEREAS, the BCRUA desires to enter into said Supplemental
Agreement No. 1, Now Therefore
BE IT RESOLVED BY THE BRUSHY CREEK REGIONAL UTILITY
AUTHORITY,
That the Board President is hereby authorized and directed to
execute on behalf of the BCRUA Supplemental Agreement No. 1 with
Water Resources Management, L. P. , a copy of same being attached
hereto as Exhibit "A" and incorporated herein for all purposes .
The Board 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.
Res BCRUA - SA#1 w-Water Resources Mgmt (00189700) (2).DOC
RESOLVED this 21st day of April, 2010 .
MITCHFULLE President
Brush Creek egional Utility Authority
ES
hn Cowman, Secretary
2
SUPPLEMENTAL AGREEMENT NO. 1
TO AGREEMENT FOR
CONSTRUCTION PHASE OBSERVATION SERVICES
FIRM: Water Resources Management,L.P.("WRM")
ADDRESS: 1617 West Koenig Lane
PROJECT: BCRUA Water Treatment Plant
This Supplemental Agreement No. 1 to Agreement for Construction Phase Observation Services
("Supplemental Agreement") is made by and between the Brushy Creek Regional Utility
Authority, a Texas local government corporation, hereinafter called the "BCRUA" and Water
Resources Management, L.P., hereinafter called the"WRM".
WHEREAS, the BCRUA and WRM executed an Agreement for Construction Phase
Observation Services for BCRUA Water Treatment Plant, hereinafter called the "Agreement",
on the—day of November,2009, in the amount of$752,000.00;and
WHEREAS, it has become necessary to amend the Agreement to modify the description of the
Project and to increase the compensation by$185,000 to a total of$937,000;and
NOW THEREFORE, premises considered, the BCRUA and WRM agree that said Agreement
is amended as follows:
I.
The description of the Project is amended to include the following:
a) Floating Intake Barge: Provide Observation and Inspection Services for the installation of
a new floating intake barge including structure,pumps, high voltage electrical, and valves;and
b) Coating and Painting of Tanks and Piping: Provide Observation and Inspection Services
for coatings and painting of the elevated water storage tank at the Regional water Treatment
Plant site and for other piping and tanks at other sites within phase 1 of the BCRUA construction
program..
I1.
Section 1.2.1. is amended to read as follows:
1.2.1 The objective or use is:
Objectives include, but are not limited to, obtaining consulting services from WRM including WRM's
provision of industry standard construction phase observation services, certain related administrative services,
performance observation support,and field site representation(the"Services")on the site of the BCRUA Water
Treatment Plant Project,the Floating Intake Barge Project, and the Coating and Painting of Tanks and Piping
Project,collectively referred to herein as the"Project."
EXHIBIT `r
A
III.
Section 1.2.5 is amended to read as follows:
1.25 The financial parameters are as follows:
The total fee for WRM's services shall be in a no"to-exceed amount of Mute Hundred Thirty-seven Thousand
and N&100 DWI= (5937,000.00). Such no"-exceed amount shall be fo11 camperwtian for all Services
performed and to be performed by WRM under this Agreement,and such tat-to-exceed amount may not be
revised in any fashion other than by written Supplemental Agreement as provided far heroin. The BCRUA
shall pay WRM on a"time and materials"basis,WRM agrees to accept payment from the BCRUA on such
basis, and the parties expressly agree that only work actually performed by WRM will be paid for by the
BCRUA.
IV.
Section 1.2.6.3 (i)shall be amended to read as follows:
(i) Time Commitment and Estimated Rate Projections:
Lead Observer/Manager. 5,213 hours over duration of 31-month contrail teen m$451,133.00
Additional Observer/Support Staff:7,575 hours over duration of 31-rnornth contract term — S485.867.00
TOTAL NOT-TO-EXCEED AMOUNT $937,000.00
Also see Exhibit"B"entitled"Delineation of Observer's Responsibilities."
V.
Section 3.1 shall be amended to read as follows:
3.1 Total Fee. The total fee for WRM's services shall be in a not-to-exceed anaunt of Nine Hundred Thirty-
seven Thousand and No/100 Dollars($937,000.00). Such rat-to-exceed amount shall be full compensation for
all Services performed and to be pertbrrned by WRM under this Agreement, and such notAo-exceed amount
may not be revised in any fashion other than by written Supplemental Agreement as provided for herein. The
BCRUA shall pay WRM on a"time and materials"basis,WRM agrees to accept payment from the BCRUA on
such basis,and the parties expressly agree that only work actually performed by WRM will be paid for by the
BCRUA.
IN WITNESS WHEREOF, the BCRUA and WRM have executed this Supplemental
Agreement in duplicate.
BRUSHY CREEK REGIONAL UTILITY AUTHORITY
By:
Mitch Faller,President
Date Signed:
ATTEST:
By:
Joh&Cowman,Secretary
2
WATERCES AGEMENT,L.P.
By: <
Titk� 5rizlep
•
Date Signed: — 40
ATTEST:
By:
Corporate Secretary
3
DATE: April 16, 2010
SUBJECT: BCRUA Board Meeting—April 21, 2010
ITEM: 8F. Consider a resolution authorizing the President to execute a Supplemental
Agreement No. 1 with Water Resources Management, L.P.
Presenter: Michael Thuss
Program Manager
Justification:
Water Resources Management, LP was selected through a competitive process to provide inspection
and observation services for BCRUA-initially for the Regional Water Treatment Plant. This
Supplemental Agreement adds inspection and observation services for:
a) Floating Intake Barge Project : Provide Observation and Inspection Services for the
installation of a new floating intake barge including structure, pumps, high voltage electrical,
and valves; and
b) Coating and Painting of Tanks and Piping: Provide Observation and Inspection Services
for coatings and painting of the elevated water storage tank at the Regional water
Treatment Plant site and for other piping and tanks at other sites within phase 1 of the
BCRUA construction program.
Funding•
The original contract amount was$752,000. This action includes a not-to-exceed amount of
$185,000 for the services listed above bringing the new contract amount to$937,000.
Funds are budgeted and available from the BCRUA Construction Management and Controls account.
EXECUTED
DOCUMENT
FOLLOWS
SUPPLEMENTAL AGREEMENT NO. 1
TO AGREEMENT FOR
CONSTRUCTION PHASE OBSERVATION SERVICES
FIRM: Water Resources Management, L.P. ("WRM")
ADDRESS: 1617 West Koenig Lane
PROJECT: BCRUA Water Treatment Plant
This Supplemental Agreement No. 1 to Agreement for Construction Phase Observation Services
("Supplemental Agreement") is made by and between the Brushy Creek Regional Utility
Authority, a Texas local government corporation, hereinafter called the "BCRUA" and Water
Resources Management, L.P., hereinafter called the"WRM".
WHEREAS, the BCRUA and WRM executed an Agreement for Construction Phase
Observation Services for BCRUA Water Treatment Plant, hereinafter called the "Agreement",
on the day of November, 2009, in the amount of$752,000.00; and
WHEREAS, it has become necessary to amend the Agreement to modify the description of the
Project and to increase the compensation by $185,000 to a total of$937,000; and
NOW THEREFORE, premises considered, the BCRUA and WRM agree that said Agreement
is amended as follows:
I.
The description of the Project is amended to include the following:
a) Floating Intake Barge: Provide Observation and Inspection Services for the installation of
a new floating intake barge including structure,pumps, high voltage electrical, and valves; and
b) Coating and Painting of Tanks and Piping: Provide Observation and Inspection Services
for coatings and painting of the elevated water storage tank at the Regional water Treatment
Plant site and for other piping and tanks at other sites within phase 1 of the BCRUA construction
program..
II.
Section 1.2.1. is amended to read as follows:
1.2.1 The objective or use is:
Objectives include, but are not limited to, obtaining consulting services from WRM including WRM's
provision of industry standard construction phase observation services, certain related administrative services,
performance observation support,and field site representation(the"Services")on the site of the BCRUA Water
Treatment Plant Project, the Floating Intake Barge Project, and the Coating and Painting of Tanks and Piping
Project,collectively referred to herein as the"Project."
1
ry
III.
Section 1.2.5 is amended to read as follows:
1.2.5 The financial parameters are as follows:
The total fee for WRM's services shall be in a not-to-exceed amount of Nine Hundred Thirty-seven Thousand
and No/100 Dollars ($937,000.00). Such not-to-exceed amount shall be full compensation for all Services
performed and to be performed by WRM under this Agreement, and such not-to-exceed amount may not be
revised in any fashion other than by written Supplemental Agreement as provided for herein. The BCRUA
shall pay WRM on a"time and materials" basis, WRM agrees to accept payment from the BCRUA on such
basis, and the parties expressly agree that only work actually performed by WRM will be paid for by the
BCRUA.
IV.
Section 1.2.6.3 (i) shall be amended to read as follows:
(i) Time Commitment and Estimated Rate Projections:
Lead Observer/Manager: 5,213 hours over duration of 31-month contract term =$451,133.00
Additional Observer/Support Staff:7,575 hours over duration of 31-month contract term = $485,867.00
TOTAL NOT-TO-EXCEED AMOUNT $937,000.00
Also see Exhibit"B"entitled"Delineation of Observer's Responsibilities."
V.
Section 3.1 shall be amended to read as follows:
3.1 Total Fee. The total fee for WRM's services shall be in a not-to-exceed amount of Nine Hundred Thirty-
seven Thousand and No/100 Dollars($937,000.00). Such not-to-exceed amount shall be full compensation for
all Services performed and to be performed by WRM under this Agreement, and such not-to-exceed amount
may not be revised in any fashion other than by written Supplemental Agreement as provided for herein. The
BCRUA shall pay WRM on a"time and materials"basis,WRM agrees to accept payment from the BCRUA on
such basis,and the parties expressly agree that only work actually performed by WRM will be paid for by the
BCRUA.
IN WITNESS WHEREOF, the BCRUA and WRM have executed this Supplemental
Agreement in duplicate.
BRUSHY CREEK REGIONAL UTILITY AUTHORITY
By:
Mitch fullef,P esident
Date Signed: i)
ATTE
By:
Jo Cowman,Secretary
2
' r
WATER RESO CES AGEMENT,L.P.
By: <
Printeda,�of P��'nci 1: y
Title: ;?e
Date Signed:
ATTEST:
By:
Corporate Secretary
3