BCRUA_R-15-04-15-6A RESOLUTION NO.R-15-04-15-6A
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. 4 to the Agreement to modify the provisions for the scope of services, and
WHEREAS, the BCRUA desires to enter into said Supplemental Agreement No. 4,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. 4 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 15th day of April, 2015.
KRIS WHITFIELD5 President
Brushy Creek Regional Utility Authority
ATTEST:
J UX, ecrefary
Z:IBCRUA PacketsTacket Documents\201 5\04091 Mes.BCRUA-SAfl4 w-Dial Development Services-Agmt(00332727xA08F8).doc
SUPPLEMENTAL AGREEMENT NO.4 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. 4 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. 4") 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." on 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 further became necessary on October 20, 2010 to amend the original
agreement and Supplemental Agreement No. 1 via 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;and
WHEREAS, it further became necessary on July 16, 2014 to amend the original
agreement, Supplemental Agreement No. 1 and Supplemental Agreement No. 2 via
Supplemental Agreement No. 3 to modify the Scope of Services of the Project and to increase
the compensation by$135,000.00 to a total of$1,284,000.00; and
WHEREAS, it has now further become necessary to amend the original agreement,
Supplemental Agreement No. 1, Supplemental Agreement No. 2, and Supplemental Agreement
No. 3 via Supplemental Agreement No. 4 to modify the Scope of the Project and to increase the
compensation by$75,000.00 to a total of$1,359,000.00.
NOW THEREFORE, premises considered, the BCRUA and Dial agree that said
Agreement shall be amended as follows:
I mc,
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00332803/ss2
I.
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 Three
Hundred Fifty-Nine Thousand and No/100 Dollars ($1,359,000.00). 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.
II.
Section 1.2.6. of the original agreement is hereby amended to add subjections (l), (m),
(n),(o), (p)and (q)as follows:
1.2.6 The Scope of Services parameters are as follows:
The above-recited fee for Dial's Services is generally comprised of the following:
(1) Defective Work Letters
Dial shall verify complete resolution of Defective Work Letters #21, 22, 26, 30, 31 (see
punch list items), 32, 34, 41, 49, 50, 512 522 54, 55, 56, 65, 72, 73, 74, 85, 86,89,90, 91,
and 93 of which includes the repair work to the Filters and Sedimentation Basins.
(m) Punch List Items
Dial shall verify completion of any remaining punch list items.
(n) Warranty Work Orders
Dial shall coordinate and verify completion of the remaining warranty work orders
including orders already posted in the warranty work order log and any others that may
arise.
(o) System Disinfection
Dial shall coordinate complete system disinfection including the Water Treatment Plant
and Treated Water Lines.
2
(p) Water System Commissioning and Start-Up
Dial shall complete water system commissioning and start up including but not limited
to: Raw Water Pipeline Phase I, Water Treatment Plant, and Treated Water Lines Phases
1,2A,2B,and 2C.
(q) Dispute Resolution
Dial shall assist outside council, as necessary,with any dispute resolution.
III.
Section 1.2.6.3(1) of the original agreement is hereby amended to read as follows:
(i) Time Commitment and Estimated Rate Projections:
TOTAL NOT-TO-EXCEED AMOUNT $1,359,000.00
Also see Exhibit"B"entitled"Delineation of Observer's Responsibilities."
The parties expressly acknowledge and agree that the BCRUA's Designated Representative and
Dial shall consult with each other, on a regular and on an as-needed basis, to review and assess
appropriate work allocations for the necessary Observer Services.
IV.
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 August 31,2015,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.
V.
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 Three Hundred Fifty-Nine Thousand and No/100 Dollars($1,359,000.00). 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.
3
IN WITNESS WHEREOF, the BCRUA and Dial have executed this Supplemental
Agreement No.4 in duplicate.
BRUSHY CREEK REGIONAL UTILITY AUTHORITY
By•
President
Date Signed:
ATTEST:
By:
Secretary
DIAL DEVELOPMENT SERVICES,LTD., by
D.L.DIAL & ASSOCIATES,LC,GENERAL PARTNER
By.
Printed Name of Principal:
Title:
Date Signed:
ATTEST:
By:
Corporate Secretary
4
ORIGINAL EXECUTED DOCUMENT
TO FOLLOW. . .
SUPPLEMENTAL AGREEMENT NO. 4 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. 4 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. 4") 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." on 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 further became necessary on October 20, 2010 to amend the original
agreement and Supplemental Agreement No. 1 via 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; and
WHEREAS, it further became necessary on July 16, 2014 to amend the original
agreement, Supplemental Agreement No. 1 and Supplemental Agreement No. 2 via
Supplemental Agreement No. 3 to modify the Scope of Services of the Project and to increase
the compensation by$135,000.00 to a total of$1,284,000.00; and
WHEREAS, it has now further become necessary to amend the original agreement,
Supplemental Agreement No. 1, Supplemental Agreement No. 2, and Supplemental Agreement
No. 3 via Supplemental Agreement No. 4 to modify the Scope of the Project and to increase the
compensation by$75,000.00 to a total of$1,359,000.00.
NOW THEREFORE, premises considered, the BCRUA and Dial agree that said
Agreement shall be amended as follows:
"a K-, IS��-I�-��
00332803/ss2
I.
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 Three
Hundred Fifty-Nine Thousand and No/100 Dollars ($1,359,000.00). 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.
II.
Section 1.2.6. of the original agreement is hereby amended to add subjections (1), (m),
(n),(o), (p)and (y)as follows:
1.2.6 The Scope of Services parameters are as follows:
The above-recited fee for Dial's Services is generally comprised of the following:
(1) Defective Work Letters
Dial shall verify complete resolution of Defective Work Letters #21, 22, 26, 30, 31 (see
punch list items), 32, 34, 41, 49, 50, 51, 52, 54, 55, 56, 65, 72, 73, 74, 85,86, 89, 90, 91,
and 93 of which includes the repair work to the Filters and Sedimentation Basins.
(m) Punch List Items
Dial shall verify completion of any remaining punch list items.
(n) Warranty Work Orders
Dial shall coordinate and verify completion of the remaining warranty work orders
including orders already posted in the warranty work order log and any others that may
arise.
(o) System Disinfection
Dial shall coordinate complete system disinfection including the Water Treatment Plant
and Treated Water Lines.
2 --
(p) Water System Commissioning and Start-Up
Dial shall complete water system commissioning and start up including but not limited
to: Raw Water Pipeline Phase 1, Water Treatment Plant, and Treated Water Lines Phases
15 2A9 213, and 2C.
(q) Dispute Resolution
Dial shall assist outside council,as necessary,with any dispute resolution.
III.
Section 1.2.6.3(1) of the original agreement is hereby amended to read as follows:
(i) Time Commitment and Estimated Rate Projections:
TOTAL NOT-TO-EXCEED AMOUNT $1,359,000.00
Also see Exhibit"B"entitled"Delineation of Observer's Responsibilities."
The parties expressly acknowledge and agree that the BCRUA's Designated Representative and
Dial shall consult with each other, on a regular and on an as-needed basis, to review and assess
appropriate work allocations for the necessary Observer Services.
IV.
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 August 31,2015,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.
V.
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 Three Hundred Fifty-Nine Thousand and No/100 Dollars($1,359,000.00). 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.
3
IN WITNESS WHEREOF, the BCRUA and Dial have executed this Supplemental
Agreement No. 4 in duplicate.
BRUSHY CREEK REGIONAL UTILITY AUTHORITY
By:
Presideni
7
Date Signed:
ATTEST:
Ci
By:
Secretary
DIAL DEVELOPMENT SERVICES, LTD., by
D.L. DIAL & ASSOCIATES,LC, GENERAL PARTNER
By: e:�:5 W - -tee
Printed Name of Principal: ,-ev1,z3 J/
Title: P4 t S
Date Signed: DJ//1/3
ATTEST:
By: C/d' it /LX f u V
Corporate Secretary
4
DATE: April 10, 2015
SUBJECT: BCRUA Board Meeting—April 15,2015
ITEM: 6A. Consider a resolution authorizing the President to execute Supplemental
Agreement No.4 with Dial Development Services,Ltd. For Construction Phase
Observation Services for BCRUA Phasel, Contract 1, Regional Water System, Raw
Water Pipeline.
PRESENTER: Tom Gallier,General Manager
BACKGROUND:
Supplemental Agreement #4 with Dial Development Services will extend the contract for construction
management services through the expected final completion of construction of the regional water treatment
plant project.It is anticipated that assistance will also be required during the start-up phase after construction,
which will involve restarting the floating intake,disinfection of water lines, and restarting treatment facilities
at the regional water treatment plant. Finally, the contract allows for technical assistance with the outside
counsel,as necessary,during any dispute resolution process.
The increase of the project construction management budget will not exceed$75,000,and should be sufficient
to reach final completion of the project,system start-up,and final settlement negotiations.
Staff and the Oversight Committee have reviewed the proposal,and recommend Board approval.