BCRUA_R-16-02-17-6A RESOLUTION NO. R-16-02-17-6A
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. 5 to the Agreement to modify the provisions for the scope of services, and
WHEREAS, the BCRUA desires to enter into said Supplemental Agreement No. 5, 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. 5 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 17th day of February, 2016.
V ^7
N ABRUZ E E, Vrtility
dent
Brushy Creek Region Authority
ATTEST:
S WH FIELD, Secretary
Z:\BCRUA\Board Packets\Packet Documents\2016\021716\Res.BCRUA-SA45 w-Dial Development Services,Ltd.-Agmt(00351847xA08F8).doc
CERTIFICATE OF INTERESTED PARTIES
FORM 1285
1 0f 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2016-13037
Dial Development Services, Ltd.
Cedar Park,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 02/12/2016
being filed.
Brushy Creek Regional Utility Authority Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the goods or services to be provided under the contract.
Phase 1 Contract 1 Regional
Construction Phase Observation Phase Services
4 Nature of interest(check applicable)
Name of Interested Party City,State,Country(place of business)
Controlling Intermediary
5 Check only if there is NO Interested Party. ❑
X
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
JENNIFER NIGOCME
��ii:�� Notary Public, of Texas
�`• K�'V,+ My Commission
Expires
August 21, 2019 Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE
Sworn to and subscribed before me,by the said this the day of'.
20 )Q6 ,to certify which,witness my hand an eal of of
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34944
CERTIFICATE OF INTERESTED PARTIES
FORM 1.295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2016-13037
Dial Development Services, Ltd.
Cedar Park,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 02/12/2016
being filed.
Brushy Creek Regional Utility Authority Date Acknowledged:
02/16/2016
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the goods or services to be provided under the contract.
Phase 1 Contract 1 Regional
Construction Phase Observation Phase Services
4 Nature of interest(check applicable)
Name of Interested Party City,State,Country(place of business)
Controlling Intermediary
5 Check only if there is NO Interested Party.
X
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE
Sworn to and subscribed before me,by the said this the day of
20 ,to certify which,witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34944
SUPPLEMENTAL AGREEMENT NO. 5 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. 5 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. 5") 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 further became necessary on April 15, 2015 to amend the original
agreement, Supplemental Agreement No. 1, Supplemental Agreement No. 2 and Supplemental
Agreement No. 3 via Supplemental Agreement No. 4 to increase the compensation by
$75,000.00 to a total of$1,359,000.00; and
WHEREAS, it has now further become necessary to amend the original agreement,
Supplemental Agreement No. 1, Supplemental Agreement No. 2, Supplemental Agreement No. 3
and Supplemental Agreement No. 4 via Supplemental Agreement No. 5 to modify the Scope of
the Project and to increase the compensation by$42,500.00 to a total of$1,401,500.00.
00332803/ss2 6(!a(A
NOW THEREFORE, premises considered, the BCRUA and Dial agree that said
Agreement shall be amended as follows:
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 Four
Hundred One Thousand Five Hundred and No/100 Dollars ($1,401,500.00). 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 amend subsections (1), (m),
(n) and(q) as follows:
1.2.6 The remaining Scope of Services parameters are set forth in Exhibit "A," attached and
incorporated herein by reference, and 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 #26, 31, 32, 39, 52, 65,
72, 73 and 90 of which includes the repair work to the Filters, Future Filters (5,6,7) and
Sedimentation Basins.
(m) Punch List Items
Dial shall verify completion of any remaining punch list items including demobilization
and site restoration.
(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.
(q) Dispute Resolution
Dial shall assist outside council, as necessary, with any dispute resolution including but
2
not limited to attending mediation.
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 $1,401,500.00
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 April 30, 2016, 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 Four Hundred One Thousand Five Hundred and No/100 Dollars ($1,401,500.00).
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.
[Signatures on the following page.]
3
IN WITNESS WHEREOF, the BCRUA and Dial have executed this Supplemental
Agreement No. 5 in duplicate.
BRUSHY CREEK REGIONAL UTILITY AUTHORITY
By:
resident
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Date Signed: 2������v
ATTEST:
By: '
Secreta
DIAL DEVELOPMENT SERVICES,LTD., by
D.L. DIAL & ASSOCIATES,LC, GENERAL PARTNER
By:
PrintedName of Principal: ' iys/zw
Title: . S�,oF�✓i
Date Signed: oaf/,z Zo/y
ATTEST:
Corporate Secretary _ exp
4
DIAL DEVELOPMENT SERVICES, Ltd.
DD(,�,
P.O.Box 897
Cedar Park,Texas 78630
(512)784-4546
Feb 3,2016
Mr.Tom Gallier
General Manager
Brushy Creek Regional Utility Authority
1906 Hur Industrial Blvd.
Cedar Park,TX 78641
Subject: B.C.R.U.A. Professional Services Contract
Supplemental Agreement#5—B.C.R.U.A.Agreement for Construction Phase Observation Services
Dear Mr. Gallier,
Dial Development Services,Ltd.formally requests a supplemental agreement(SA5)that provides an increase in the
contract budget,along with a contract time extension,in order to fully complete the quality assurance and
construction observation services we have been contracted by the B.C.R.0 A.to provide. This request is based on Dial
Development Services'remaining contract budget with the B.C.R.U.A.and the current construction progress to date
at the Water Treatment Plant with respect to defective work items,remaining punch list items,and warranty work
orders to be completed. More specifically,the following remaining tasks shall be covered by the supplemental
agreement(SA5):
• Verify complete resolution of Defective Work Letters#26,31,32,39,52,65,72,73,and 90,of which
includes the repair work to the Filters,Future Filters(5,6,7)and Sedimentation Basins.
• Verify completion of any remaining punch list items including demobilization and site restoration.
• 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.
• Assist outside council,as necessary,with dispute resolution including but not limited to attending
mediation.
Based on the tasks outlined above,current construction schedules provided,and our projected commitment to assist
the B.C.R.U.A.with the close out of the construction phase of the project,we would like to suggest an increase in the
contract budget,specifically for the Water Treatment Plant Project,of$42,500.00. This contract budget increase
should be accompanied by a revised contract termination date of April 30,2016. It is not anticipated at this time that
any further budget increases or time extensions will be necessary for the completion ofthe tasks outlined above. Dial
Development Services has been pleased to provide a quality service to the B.C.R.UA.and considers an additional
supplemental agreement(SA5)necessary to complete our obligation to provide the quality assurance representation
that the B.C.R.U.A.deserves. Thank you for your time and consideration.
Sincerely, /A Q
David L.Dial
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
7-7
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2016-13037
Dial Development Services, Ltd.
Cedar Park,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 02/12/2016
being filed.
Brushy Creek Regional Utility Authority Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the goods or services to be provided under the contract.
Phase 1 Contract 1 Regional
Construction Phase Observation Phase Services
4 Nature of interest(check applicable)
Name of Interested Party City,State,Country(place of business)
Controlling Intermediary
5 Check only if there is NO Interested Party.
X
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
JENNIFER N160CHE
Notary Public, State of Texas
+,- My Commission Expires
August 21, 2019 Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE
Sworn to and subscribed before me,by the said ��. this the day oJ/t7(
20to certify which,witness my hand an eal of offic
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34944