BCRUA_R-10-04-21-8G RESOLUTION NO. R-10-04-21-8G
WHEREAS, the Brushy Creek Regional Utility Authority, Inc .
("BCRUA" ) has previously entered into an agreement with Dial
Development Services, Ltd. for construction phase
inspection/observation services for Contract 1 of Phase 1 of the
Regional Water Supply Project, Raw Water Pipeline, and
WHEREAS, Dial Development Services, Ltd. 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
Dial Development Services, Ltd. , 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-Dial Development Services (00189717).DOC
EXECUTED
DOCUMENT
FOLLOWS
SUPPLEMENTAL AGREEMENT NO. 1
TO AGREEMENT FOR
CONSTRUCTION PHASE OBSERVATION SERVICES
FIRM: Dial Development Services,Ltd. ("Dial")
ADDRESS: P.O. Box 608,Del Valle,Texas 78617
PROJECT: Phase 1, Contract 1,Regional Water System,Raw Water Pipeline
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 Dial
Development Services, Ltd., hereinafter called the"Dial".
WHEREAS,the BCRUA and Dial executed an Agreement for Construction Phase Observation
Services for BCRUA Phase a, Contract 1, Regional Water System, Raw Water Pipeline,
hereinafter called the "Agreement", on the I01F'day of November, 2009 for the BCRUA Phase 1,
Contract 1, Regional Water System, Raw Water Pipeline, in the amount of$656,000.00; and
WHEREAS, it has become necessary to amend the Agreement to modify the description of the
Project and to increase the compensation by $313,000 to a total of$969,000; and
NOW THEREFORE, premises considered, the BCRUA and Dial agree that said Agreement is
amended as follows:
1.
The description of the Project is amended to include the following:
a) Treated Water Transmission Line: Segment l: Provide Observation Services for
approximately 9,000 linear feet of 78 inch steel pipe with valves, road repair, and landscaping in
the vicinity of New Hope Road in Cedar Park, Texas; and
b) Regional Water Treatment Plant Lift Station: Provide Observation Services for the
relocation of existing 8: WW line to the new lift station and extending the lift station with 6" DI
Force Main to tie into the existing line. Work including but not limited to new 4' manholes,
provisions for future 8" Force Main, and new lift station consisting of 120" dia. concrete wet
well with 2 each 15HP/380 gpm pumps and piping provisions for one (1) future pump, and
installation of 1-ton jib crane. Work is located at 1096 Hur Industrial Blvd., Cedar Park,Texas.
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 Dial including Dial'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 Phase 1, Contract
1, Raw Water Pipeline Project,the Treated Water Transmission Line Segment 1, and the Regional Treatment
Plant Lift Station.
1
III.
Section 1.2.5 is amended to read as follows:
1.2.5 The financial parameters are as follows:
The total fee for Dial's services shall be in a not-to-exceed amount of Nine Hundred Sixty-nine Thousand and
No/100 Dollars ($969,000.00). Such not-to-exceed amount shall be full compensation for all Services
performed and to be performed by Dial 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 Dial on a"time and materials" basis,Dial agrees to accept payment from the BCRUA on such basis,
and the parties expressly agree that only work actually performed by Dial 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: 5,660 hours over duration of 35-month contract term = $509,400.00
Additional Observer/Support Staff.5,745 hours over duration of 20-month contract term = $459.600.00
TOTAL NOT-TO-EXCEED AMOUNT $969,000.00
Also see Exhibit`B"entitled"Delineation of Observer's Responsibilities."
V.
Section 1.2.7.1.1 shall be amended to read as follows:
1.2.7.1.1 The term of this Agreement shall be until full and satisfactory completion of the work specified
herein is achieved, but in no event later than thirty-six (36) months following Dial's receipt of the BCRUA's
written Notice to Proceed, unless this Agreement is extended by written Supplemental Agreement executed by
Dial and the BCRUA prior to the date of term expiration. Any work performed or costs incurred by Dial after
the date of term expiration or termination shall not be eligible for reimbursement.
VI.
Section 3.1 shall be amended to read as follows:
3.1 Total Fee. The total fee for Dial's services shall be in a not-to-exceed amount of Nine Hundred Sixty-nine
Thousand and No/100 Dollars ($969,000.00). Such not-to-exceed amount shall be full compensation for all
Services performed and to be performed by Dial 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 Dial on a"time and materials"basis, Dial agrees to accept payment from the BCRUA on such basis,
and the parties expressly agree that only work actually performed by Dial will be paid for by the BCRUA.
IN WITNESS WHEREOF, the BCRUA and Dial have executed this Supplemental Agreement
in duplicate.
BRUSHY CREEK REGIONAL UTILITY AUTHORITY
2
By:
Mitchuller,President
Date Signed:
ATTES .
By:
Jo Cowman,Secretary
DIAL DEVELOPMENT SERVICES,LTD.,by
D.L. DIAL&ASSOCIATES,LC,GENERAL PARTNER
By: -7�cu�1�
Printed Name of Principal: ps,c//y f)ice-c�
Title: 11D415,, D r--AvT
Date Signed: O Il-060- /0
ATTERT;W '� )
B (/-tel A�y
Corporate ecretary
3
DATE: April 16, 2010
SUBJECT: BCRUA Board Meeting—April 21, 2010
ITEM: 8G. Consider a resolution authorizing the President to execute a Supplemental
Agreement No. 1 with Dial Development Services.
Presenter: Michael Thuss
Program Manager
Justification:
Dial Development Services, Ltd. was selected through a competitive process to provide inspection
and observation services for BCRUA-initially for the Raw Water Transmission Line Project. This
Supplemental Agreement adds inspection and observation services for:
a)Treated Water Transmission Line: Segment 1: Provide Observation Services for
approximately 9,000 linear feet of 78 inch steel pipe with valves, road repair, and
landscaping in the vicinity of New Hope Road in Cedar Park, Texas; and
b) Regional Water Treatment Plant Lift Station: Provide Observation Services for the
relocation of existing 8" WW line to the new lift station and extending the lift station with 6"
DI Force Main to tie into the existing line.Work including but not limited to new 4'
manholes, provisions for future 8" Force Main, and new lift station consisting of 120" dia.
concrete wet well with 2 each 15HP/380 gpm pumps and piping provisions for one (1)future
pump, and installation of 1-ton jib crane. Work is located at 1096 Hur Industrial Blvd., Cedar
Park,Texas.
Funding•
The original contract amount was$656,000. This action includes a not-to-exceed amount of
$313,000 for the services listed above bringing the new contract amount to$969,000.The length of
the contract is extended approximately 1 year.
Funds are budgeted and available from the BCRUA Construction Management and Controls account.