BCRUA_R-11-02-23-7B RESOLUTION NO. R-11-02-23-713
WHEREAS, the Brushy Creek Regional Utility Authority, Inc. ("BCRUA") has
previously entered into an Agreement for Construction Phase Observation Services for the
BCRUA Phase 1, Contract 2, Regional Water System, Raw Waterline/Underwater Pipeline
Project with JR Tolles and Associates, LLC, and
WHEREAS, JR Tolles and Associates, LLC has submitted Supplemental Agreement No.
1 to the Agreement to modify the description of the Project; to add an alteration in the amount of
$50,000.00 to the original amount of$117,000.00, bringing the total to $167,000.00; and without
alteration to timeframe, 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 JR Tolles and Associates, LLC, 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.
Z:\BCRUA\Board Packets\Packet Documents\022311 Utes.BCRUA-SA-1 w-JR Tolles Associates(00215001)[I].DOC/—c
RESOLVED this 23rd day of February, 2011.
MITCHULLER, resident
Brushy C k Regio al Utility Authority
TE T:
IrCowman, Secretary
SUPPLEMENTAL AGREEMENT NO. 1 TO
"BRUSHY CREEK REGIONAL UTILITY AUTHORITY(BCRUA)AGREEMENT
FOR CONSTRUCTION PHASE OBSERVATION SERVICES FOR THE BCRUA
PHASE 1, CONTRACT 2,REGIONAL WATER SYSTEM,RAW
WATERLINE/UNDERWATER PIPELINE PROJECT
WITH JR TOLLES AND ASSOCIATES,LLC."
I
FIRM: JR Tolles and Associates,LLC
ADDRESS: 13505 Byrd's Nest Drive, Austin,Texas 78738
PROJECT: Phase 1,Contract 3,Floating Intake Barge Project
This Supplemental Agreement No. 1 to `Brushy Creek Regional Utility Authority
(BCRUA) Agreement for Construction Phase Observation Services for the BCRUA Phase 1,
Contract 2, Regional Water System, Raw Waterline/Underwater Pipeline Project with JR Tolles
and Associates, LLC," (hereinafter referred to as "Supplemental Agreement No. 1") is made by
and between the Brushy Creek Regional Utility Authority, a Texas local government corporation
(hereinafter referred to as the "BCRUA"), and JR Tolles and Associates, LLC (hereinafter
referred to as "JR Tolles").
WHEREAS, the BCRUA and JR Tolles executed the original agreement entitled
"Brushy Creek Regional Utility Authority (BCRUA) Agreement for Construction Phase
Observation Services for the BCRUA Phase 1, Contract 2, Regional Water System, Raw
Waterline/Underwater Pipeline Project with JR Tolles and Associates, LLC" on the 19"' day of
July,2010,in the original amount of$117,000,00;and
WHEREAS, it has become necessary to amend the original agreement via this
Supplemental Agreement No. l to modify the description of the Project; to add an alteration in
the amount of $50,000.00 to the original amount of $117,000.00, bringing the total to
$167,000.00; and without alteration to timeframe;
NOW THEREFORE, premises considered, the BCRUA and JR Tolles agree that said
Agreement shall be amended as follows:
I.
The description of the Project on Page 1 of the original Agreement immediately
preceding Article 1.l is hereby amended to read as follows:
a) BCRUA Phase 1, Contract 2, Regional Water System, Raw Waterline/Underwater
Pipeline Project (the "Project"), which Project is owned by the BCRUA. A properly-constituted
selection committee composed of representatives from the City of Round Rock, the City of
Cedar Park,the City of Leander, and the BCRUA selected JR Tolles as the proposer offering the
best value for the entity.
211843/jkg
Consulting services to be performed by JR Tolles include provision of industry standard third-
party quality assurance construction phase observation services, certain related administrative
services, performance observation support, and field site representation related to the
constriction of the Project (the "Services"), such Services being delineated in Exhibit `B"
entitled "JR Tolles' Responsibilities," said Exhibit "B" being attached hereto and incorporated
herein by reference for all appropriate purposes. All such Services shall be on the site of said
Project or at other locations as necessary. All such Services shall be non-engineering services.
b) BCRUA Phase 1, Contract 3, Floating Intake Barge Project: Provide
construction phase observation services, liaison, and coordination with respect to the
existing plant and plant site, and existing plant operations by and between representatives
of the City of Cedar Park, the BCRUA, and Water Resources Management, Inc.; review
plans; coordinate construction with ongoing plant operations; observe existing plant and
new facility tie-ins and interfaces; present plant issues and problems at progress meetings;
and coordinate with Water Resources Management,Inc. personnel.
II.
Section 1.2.1 of the original agreement is hereby amended to read as follows:
1.2.1. The objective or use is:
Objectives include, but are not limited to, obtaining consulting services from JR Tolles
including JR Tolles' provision of industry standard construction phase observation services,
certain related administrative services, performance of observation support, and field site
representation (the "Services") on the site of the BCRUA Phase 1, Contract 1, Raw Water
Pipeline Project, and BCRUA Phase 1, Contract 3,Floating Intake Barge Project.
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 JR Tolles' services shall be in a not-to-exceed amount of One Hundred
Sixty-Seven Thousand and No/100 Dollars ($167,000.00). Such not-to-exceed amount
shall be full compensation for all Services performed and to be performed by JR Tolles
under this Agreement, including without limitation any overtime compensation and
reimbursement for gavel, copying, etc. as set forth in more detail in Sec. 1.2.6.3. The
foregoing 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 JR Tolles on a
"time and materials"basis, JR Tolles agrees to accept payment from the BCRUA on such
basis, and the patties expressly agree that only work actually performed by JR Tolles will
be paid for by the BCRUA.
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IV. f�
Section 1.2.6 of the original agreement is hereby amended by adding a subsection (1), and
f
shall read as follows:
1.2,6 The Scope of Services parameters are as follows:
The above-recited fee for A Tolles' Services is generally comprised of the following:
(a) Construction Observation
(b) Daily Reports
(c) Review of Contractor Pay Applications
(d) Change Orders and Requests for Information(RFIs)
(e) Construction Testing
(f) Project Meetin&s
(g) Project Documentation
(h) Construction Deficiencies
(i) Design Conflicts
0) Coordination of Stakeholders
(k) Personnel and Equipment
(1) Special Floating Intake Barge Services
JR Tolles shall provide construction phase observation services, liaison, and
coordination with respect to the existing plant and plant site, and existing plant
operations by and between representatives of the City of Cedar Park, the BCRUA,
and Water Resources Management,Inc.; review plans; coordinate construction with
ongoing plant operations; observe existing plant and new facility tie-ins and
interfaces; present plant issues and problems at progress meetings; and coordinate
with Water Resources Management,Inc. personnel.
V.
Section 1.2.6.3 (h)of the original agreement is hereby amended to read as follows:
Time Commitment and Estimated Rate Projections:
Non-Dive HOUI'S: 1,755 hours during contract term at$90/hr = $1$8,000.00
Dive Hours: (50 hours X$180/hr during contract term at contract term = $ 9,000.00
TOTAL NOT-TO-EXCEED AMOUNT $167,000.00
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VI.
Exhibit "B" of the original agreement is hereby amended to read in conformity with this
Supplemental Agreement No. 1,
IN WITNESS WHEREOF,the BCRUA and JR Tolles have executed this Supplemental
Agreement No. 1 in duplicate.
BRUSHY CREEK REGIONAL UTILITY AUTHORITY
By:
Mitch Fuller,President
Date Signed:
ATTEST:
By:
John Cowman,Secretary
JR TOLLES AND ASSOCIATES,LLC
By:
Printed Name of Principal:
Title:
Date Signed:
ATTEST:
By:
Corporate Secretary
4
I
EXECUTED
DOCUMENT
FOLLOWS
SUPPLEMENTAL AGREEMENT NO. 1 TO
"BRUSHY CREEK REGIONAL UTILITY AUTHORITY(BCRUA)AGREEMENT
FOR CONSTRUCTION PHASE OBSERVATION SERVICES FOR THE BCRUA
PHASE 1,CONTRACT 2,REGIONAL WATER SYSTEM,RAW
WATERLINE/UNDERWATER PIPELINE PROJECT
WITH JR TOLLES AND ASSOCIATES,LLC."
FIRM: JR Tolles and Associates,LLC
ADDRESS: 13505 Byrd's Nest Drive, Austin,Texas 78738
PROJECT: Phase 1,Contract 3,Floating Intake Barge Project
This Supplemental Agreement No. 1 to "Brushy Creek Regional Utility Authority
(BCRUA) Agreement for Construction Phase Observation Services for the BCRUA Phase 1,
Contract 2, Regional Water System, Raw Waterline/Underwater Pipeline Project with JR Tolles
and Associates, LLC," (hereinafter referred to as "Supplemental Agreement No. 1") is made by
and between the Brushy Creek Regional Utility Authority, a Texas local government corporation
(hereinafter referred to as the "BCRUA"), and JR Tolles and Associates, LLC (hereinafter
referred to as"JR Tolles").
WHEREAS, the BCRUA and JR Tolles executed the original agreement entitled
"Brushy Creek Regional Utility Authority (BCRUA) Agreement for Construction Phase
Observation Services for the BCRUA Phase 1, Contract 2, Regional Water System, Raw
Waterline/Underwater Pipeline Project with JR Tolles and Associates, LLC" on the 19th day of
July,2010,in the original amount of$117,000.00; and
WHEREAS, it has become necessary to amend the original agreement via this
Supplemental Agreement No. 1 to modify the description of the Project; to add an alteration in
the amount of $50,000.00 to the original amount of $117,000.00, bringing the total to
$167,000.00; and without alteration to timeframe;
NOW THEREFORE, premises considered, the BCRUA and JR Tolles agree that said
Agreement shall be amended as follows:
I.
The description of the Project on Page 1 of the original Agreement immediately
preceding Article 1.1 is hereby amended to read as follows:
a) BCRUA Phase 1, Contract 2, Regional Water System, Raw Waterline/Underwater
Pipeline Project (the "Project"), which Project is owned by the BCRUA. A properly-constituted
selection committee composed of representatives from the City of Round Rock, the City of
Cedar Park, the City of Leander, and the BCRUA selected JR Tolles as the proposer offering the
best value for the entity.
6MIA,ill 62.23•-7Q
211843/jkg
Consulting services to be performed by JR Tolles include provision of industry standard third-
patty quality assurance construction phase observation services, certain related administrative
services, performance observation support, and field site representation related to the '
construction of the Project (the "Services"), such Services being delineated in Exhibit "B"
entitled "JR Tolles' Responsibilities," said Exhibit "B" being attached hereto and incorporated
herein by reference for all appropriate purposes. All such Services shall be on the site of said
Project or at other locations as necessary. All such Services shall be non-engineering services.
b) BCRUA Phase 1, Contract 3, Floating Intake Barge Proiect: Provide
construction phase observation services, liaison, and coordination with respect to the
existing plant and plant site, and existing plant operations by and between representatives
of the City of Cedar Park, the BCRUA, and Water Resources Management, Inc.; review
plans; coordinate construction with ongoing plant operations; observe existing plant and
neiv facility tie-ins and interfaces; present plant issues and problems at progress meetings;
and coordinate with Water Resources Management,Inc. personnel.
Il.
Section 1.2.1 of the original agreement is hereby amended to read as follows:
1.2.1. The objective or use is:
Objectives include, but are not limited to, obtaining consulting services from JR Tolles
including JR Tolles' provision of industry standard construction phase observation services,
certain related administrative services, performance of observation support, and field site
representation (the "Services") on the site of the BCRUA Phase 1, Contract 1, Raw Water
Pipeline Project, and BCRUA Phase 1,Contract 3,Floating Intake Barge Project.
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 JR Tolles' services shall be in a not-to-exceed amount of One Hundred
Sixty-Seven Thousand and No/100 Dollars ($167,000.00). Such not-to-exceed amount
shall be frill compensation for all Services performed and to be performed by JR Tolles
under this Agreement, including without limitation any overtime compensation and
reimbursement for travel, copying, etc. as set forth in more detail in Sec. 1.2.6.3. The
foregoing 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 JR Tolles on a
"time and materials"basis,JR Tolles agrees to accept payment from the BCRUA on such
basis,and the parties expressly agree that only work actually performed by JR Tolles will
be paid for by the BCRUA.
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IV. i
Section 1.2.6 of the original agreement is hereby amended by adding a subsection (1), and
shall read as follows:
i
1.2.6 The Scope of Services parameters are as follows:
The above-recited fee for JR Tolles' Services is generally comprised of the following:
(a) Construction Observation
(b) Daily Reports
(c) Review of Contractor Pay Applications
(d) Change Orders and Requests for Information(RFIs)
(e) Construction Testing
(f) Proieet Meetings
(g) Project Documentation
(h) Construction Deficiencies
(i) Design Conflicts
(j) Coordination of Stakeholders
(k) Personnel and Equipment
(1) Special Floating Intake Barge Services
JR Tolles shall provide construction phase observation services, liaison, and
coordination with respect to the existing plant and plant site, and existing plant
operations by and between representatives of the City of Cedar Park, the BCRUA,
and Water Resources Management,Inc.; review plans; coordinate construction with
ongoing plant operations; observe existing plant and new facility tie-ins and
interfaces; present plant issues and problems at progress meetings; and coordinate
with Water Resources Management,Inc. personnel.
V.
Section 1.2.6.3 (h)of the original agreement is hereby amended to read as follows:
Time Commitment and Estimated Rate Projections:
Non-Dive Hours: 1,755 hours during contract term at$90/hr = $158,000.00
Dive Hours: (50 hours X$180/hr during contract term at contract term = $ 9.000.00
TOTAL NOT-TO-EXCEED AMOUNT $167,000.00
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Exhibit `B" of the original agreement is hereby amended to read in conformity with this j
Supplemental Agreement No. 1.
IN WITNESS WHEREOF,the BCRUA and JR Tolles have executed this Supplemental
Agreement No. 1 in duplicate.
BRUSHY CREEK REGIONAL UTILITY AUTHORITY
By:
Mitch uller,P sident
Date Signed:
ATTEST:
By:
_4�—
j n Cowman,Secretary
JR TOLLES AND ASSOCIATES,LLC
1
By:
Printed Name of Principal: JR7�011es-,
Title:
Date Signed: /-Z7.1/
ATTEST:
By:
Corporate Secretary
4
DATE: February 18,2011
SUBJECT: BCRUA Board Meeting—February 23,2011
ITEM: 7B. Consider a resolution authorizing the President to execute Supplemental
Agreement No. 1 with JR Tolles and Associates, LLC for Phase 1,Contract 2,
Regional Water System, Raw Waterline/Underwater Pipeline Project
(Floating Intake Barge)in the amount of$50,000.
Presenter: Michael F.Thuss, P.E.
Program Manager
Justification:
Water Resources Management is the lead construction phase observer/inspector on the Floating Intake
Barge Project. J.R.Tolles is being added because of their extensive knowledge of Cedar Parks' existing
water treatment plant. J.R.Tolles will assist with the observation, inspection, and coordination of the
electrical facilities and upgrades and various piping tie ins with the water treatment plant.
Funding:
J.R.Tolles provides construction phase observation and inspection services for the Phase 1,Contract 2,
Raw Water Transmission/Underwater Pipe Line Project in the amount of$117,000.
Supplemental Agreement#1 adds Contract 3,the Floating Intake Barge Project for an additional$50,000
to JR Tolles'scope of services in the original contact. There is no time extension. The total not to exceed
amount increases to$167,000.
Funding for this contract is in the BCRUA Program Budget and in the FY 11 Spending Plan. This is eligible
for bond proceeds funding.