BCRUA_R-10-10-20-7A RESOLUTION NO. R-10-10-20-7A
WHEREAS, the Brushy Creek Regional Utility Authority, Inc. ("BCRUA") has
previously entered into an agreement with Dial Development Services, Ltd. for Construction
Phase Observation Services for BCRUA Phase 1, Contract 1, Regional Water System, Raw
Water Pipeline, and
WHEREAS, Dial Development Services, Ltd. has submitted Supplemental Agreement
No. 2 to the Agreement to modify the provisions for the scope of services, and
WHEREAS, the BCRUA desires to enter into said Supplemental Agreement No. 2,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. 2 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.
RESOLVED this 20th day of October, 2010.
MIT resident
Brushy Creek Regional Utility Authority
AU: b ,
I#n Cowman, Secretary
Z:\BCRUA\Board Psckets\Pscket Dowments\l02010\Res.BCRUA-SA#2 w-Did Development Services-Agmt(00205512).DOC/rmc
SUPPLEMENTAL AGREEMENT NO. 2 TO
"BRUSHY CREEK REGIONAL UTILITY AUTHORITY (BCRUA) AGREEMENT
FOR CONSTRUCTION PHASE OBSERVATION SERVICES FOR BCRUA PHASE 1,
CONTRACT 1, REGIONAL WATER SYSTEM, RAW WATER PIPELINE
WITH DIAL DEVELOPMENT SERVICES,LTD."
FIRM: Dial Development Services,Ltd.
ADDRESS: Post Office Boa 608,Del Valle,Texas 78617
PROJECT: Phase 1,Contract 1,Regional Water System,Raw Water Pipeline
This Supplemental Agreement No. 2 to "Brushy Creek Regional Utility Authority
(BCRUA) Agreement for Construction Phase Observation Services for BCRUA Phase 1,
Contract 1, Regional Water System, Raw Water Pipeline with Dial Development Services, Ltd."
(hereinafter referred to as "Supplemental Agreement No. 2") is made by and between the Brushy
Creek Regional Utility Authority, a Texas local government corporation (hereinafter referred to
as the 'BCRUA"),and Dial Development Services,Ltd.(hereinafter referred to as"Dial').
WHEREAS, the BCRUA and Dial executed the original agreement entitled "Brushy
Creek Regional Utility Authority (BCRUA) Agreement for Construction Phase Observation
Services for BCRUA Phase 1, Contract 1, Regional Water System, Raw Water Pipeline with
Dial Development Services, Ltd." °"the 18th day of November, 2009, in the original amount of
$656,000.00;and
WHEREAS, it became necessary on April 21, 2010 to amend the original agreement via
Supplemental Agreement No. 1 to modify the description of the Project and to increase the
compensation by$313,000 to a total of$969,000;and
WHEREAS, it has again become necessary to amend the original agreement and
Supplemental Agreement No. 1 via this Supplemental Agreement No. 2 to modify the
description of the Project and to increase the compensation by $180,000.00 to a total of
$1,149,000.00;
NOW THEREFORE, premises considered, the BCRUA and Dial agree that said
Agreement shall be amended as follows:
1.
The description of the Project is hereby amended to include the following:
Treated Water Transmission Line Segment 2c: Provide Observation Services for
approximately 7,800 linear feet of 72 inch steel pipe with valves,road repair,and landscaping in
the vicinity of New Hope Road in Cedar Park,Texas.
II.
Section 1.2.1.of the original agreement is hereby amended to read as follows:
0020317&j4
EXHIBIT A
J
. r
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") oil the site of the BCRUA Phase 1, Contract I, Raw Water Pipeline Project, the
Treated Water Transmission Line Segment 1, the Regional Treatment Plant Lift Station, and the
Treated Water Transmission Line Segment 2c.
III.
Section 1,2.5 of the original agreement is hereby 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 One Million One
Hundred Forty-nine Thousand and No/100 Dollars ($1,149,000.00). 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)of the original agreement is hereby amended to read as follows:
(i) Time Commitment and Estimated Rate Projections:
Lead Observer/Manager: 6,771 hours over duration of 36-month term = $609,400
Addt'I Observer/Support Staff:6,745 hours over duration of 36-month term=$539,600
TOTAL NOT-TO-EXCEED AMOUNT$1,149,000.00
Also see Exhibit"B"entitled"Delineation of Observer's Responsibilities.
V.
Section 1,2.7.1.1 of the original agreement is hereby 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 (November 30,
2012)following Dial's receipt of the BCRUA's written Notice to Proceed issued on December
2
1, 2009, 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 of the original agreement is hereby 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 One
Million One Hundred Forty-nine Thousand and No/100 Dollars ($1,149,000.00). 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 No.2 in duplicate.
BRUSHY CREEK REGIONAL UTILITY AUTHORITY
By:
Mitch Fuller,President
Date Signed:
ATTEST:
By:
John Cowman,Secretary
DIAL DEVELOPMENT SERVICES,LTD.,by
D.L.DIAL&ASSOCIATES,LC,GENERAL PARTNER
By: iau /—fix
Printed a of Principal: t7~o s76&=
Title: Aden,-;wA.n
Date Signed: 09-2/—/0
ATTEST:
By:
Corporat Secretary
3
DATE: October 15,2010
SUBJECT: BCRUA Board Meeting—October 20,2010
ITEM: 7A. Consider a resolution authorizing the President to execute Supplemental
Agreement No. 2 for Construction Phase Observation Services for Phase 1,
Treated Water Transmission Line Segment 2C, Regional Water System
Pipeline with Dial Development Services, Ltd.in the amount of$180,000.
Presenter: Michael Thuss
Construction &Program Manager
Justification:
The Treated Water Transmission Line,Segment 2C(TWTLS2c)construction contract is in the process
of being awarded. Construction of the TWTLS2c requires observation and inspection services. Dial
Development Services provides observation and inspection services on the Raw Water Transmission
Line,the Treated Water Transmission Line Segment 1,and the Lift Station project at the Regional
Water Treatment Plant under a competitively selected contract(Including Amendment#1).
Amendment#2 assigns the observation and inspection duties for the Treated Water Transmission
Line,Segment 2C project to Dial Development Services. Dial Development Services contract is a time
and materials professional services contract. The Engineer Design Operating Committee agreed on
assigning this project to Dial Development Services.
Funding:
Amendment#2 is a Time and Materials type contract with a not to exceed amount of$180,000.
The original contract,including Amendments 1 and 2,the total not to exceed amount is$1,149,000.
Total expenditures have been$304,700.
Funding for this contract is in the BCRUA Program Budget and in the FY11 Spending Plan. This is
eligible for Bond Proceeds funding.
Note:
This is the last observation and inspection award for Phase 1.
SUPPLEMENTAL AGREEMENT NO. 2 TO
"BRUSHY CREEK REGIONAL UTILITY AUTHORITY (BCRUA) AGREEMENT
FOR CONSTRUCTION PHASE OBSERVATION SERVICES FOR BCRUA PHASE 1,
CONTRACT 1, REGIONAL WATER SYSTEM, RAW WATER PIPELINE
WITH DIAL DEVELOPMENT SERVICES,LTD."
FIRM: Dial Development Services,Ltd.
ADDRESS: Post Office Box 608,Del Valle,Texas 78617
PROJECT: Phase 1,Contract 1,Regional Water System,Raw Water Pipeline
This Supplemental Agreement No. 2 to "Brushy Creek Regional Utility Authority
(BCRUA) Agreement for Construction Phase Observation Services for BCRUA Phase 1,
Contract 1, Regional Water System, Raw Water Pipeline with Dial Development Services, Ltd."
(hereinafter referred to as "Supplemental Agreement No. 2") is made by and between the Brushy
Creek Regional Utility Authority, a Texas local government corporation (hereinafter referred to
as the 'BCRUA"), and Dial Development Services, Ltd. (hereinafter referred to as"Dial").
WHEREAS, the BCRUA and Dial executed the original agreement entitled "Brushy
Creek Regional Utility Authority (BCRUA) Agreement for Construction Phase Observation
Services for BCRUA Phase 1, Contract 1, Regional Water System, Raw Water Pipeline with
Dial Development Services, Ltd." °" the 18th day of November, 2009, in the original amount of
$656,000.00; and
WHEREAS, it became necessary on April 21, 2010 to amend the original agreement via
Supplemental Agreement No. 1 to modify the description of the Project and to increase the
compensation by$313,000 to a total of$969,000; and
WHEREAS, it has again become necessary to amend the original agreement and
Supplemental Agreement No. 1 via this Supplemental Agreement No. 2 to modify the
description of the Project and to increase the compensation by $180,000.00 to a total of
$1,149,000.00;
NOW THEREFORE, premises considered, the BCRUA and Dial agree that said
Agreement shall be amended as follows:
I.
The description of the Project is hereby amended to include the following:
Treated Water Transmission Line Segment 2c: Provide Observation Services for
approximately 7,800 linear feet of 72 inch steel pipe with valves, road repair,and landscaping in
the vicinity of New Hope Road in Cedar Park,Texas.
11.
Section 1.2.1. of the original agreement is hereby amended to read as follows:
00203176/jkg
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") oil the site of the BCRUA Phase 1, Contract 1, Raw Water Pipeline Project, the
Treated Water Transmission Line Segment 1, the Regional Treatment Plant Lift Station, and the
Treated Water Transmission Line Segment 2c.
Ill.
Section 1,2.5 of the original agreement is hereby 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 One Million One
Hundred Forty-nine Thousand and No/100 Dollars ($1,149,000.00). 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(1)of the original agreement is hereby amended to read as follows:
(i) Time Commitment and Estimated Rate Projections:
Lead Observer/Manager: 6,771 hours over duration of 36-month term = $609,400
Addt'I Observer/Support Staff: 6,745 hours over duration of 36-month term=$539,600
TOTAL NOT-TO-EXCEED AMOUNT $1,149,000.00
Also see Exhibit "B" entitled "Delineation of Observer's Responsibilities.
V.
Section 1,2.7.1.1 of the original agreement is hereby 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 (November 30,
2012)following Dial's receipt of the BCRUA's written Notice to Proceed issued on December
2
1, 2009, 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 of the original agreement is hereby 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 One
Million One Hundred Forty-nine Thousand and No/100 Dollars ($1,149,000.00). 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 No. 2 in duplicate.
BRUSHY CREEK REGIONAL UTILITY AUTHORITY
By:
Mitch Fu er,Presi t
Date Signed:
ATTES
,�,By:
Jo Cowman,Secretary
DIAL DEVELOPMENT SERVICES,LTD.,by
D.L.DIAL& ASSOCIATES,LC, GENERAL PARTNER
Printed a of Principal: zpsaia sp,t
Title:
Date Signed:
ATTEST:
By:
CorporatJ Secretary
3