BCRUA_R-17-04-19-6A RESOLUTION NO. R-17-04-19-6A
WHEREAS, the Brushy Creek Regional Utility Authority, Inc. ("BCRUA") desires to retain
engineering services for the Phase 1 C Water Treatment Plant Expansion and Phase 2 Land Rights and
Stakeholder Coordination Project; and
WHEREAS, Walker Partners has submitted a Contract for Engineering Services to provide said
services;and
WHEREAS, the BCRUA desires to enter into said contract with Walker Partners, 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
a Contract for Engineering Services with Walker Partners for the Phase IC Water Treatment Plant
Expansion and Phase 2 Land Rights and Stakeholder Coordination Project, a copy of said contract
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 19th day of April, 2017.
JON X, Pre ident
Brushy Cre ] Regional Utility Authority
ATTEST:
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REGIONAL UTILITY AUTHORITY
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BRUSHY CREEK REGIONAL UTILITY AUTHORITY
CONTRACT FOR ENGINEERING SERVICES
FIRM: WALKER PARTNERS ("Engineer")
ADDRESS: 6850 Austin Center Boulevard, Suite 150,Austin, TX 78731
PROJECT: Phase 1C Water Treatment Plant Expansion and Phase 2 Land Rights
and Stakeholder Coordination
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
CONTRAC" FOR ENGINEERING SERVICES ("Contract") is made and entered into on
this thel—INay of ri t , 2017 by and between the BRUSHY CREEK REGIONAL UTILITY
AUTHORITY, a Texas local government corporation, whose off ices are located at 221 East Main
Street, Round Rock, Texas 78664-5299, (hereinafter referred to as "BCRUA"), and Engineer, and such
Contract is for the purpose of contracting for professional engineering services.
RECITALS:
WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled
"Professional Services Procurement Act" provides for the procurement by municipalities of services of
professional engineers; and
WHEREAS, BCRUA and Engineer desire to contract for such professional engineering services;
and
WHEREAS, BCRUA and Engineer wish to document their agreement concerning the
requirements and respective obligations of the parties;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable considerations, and the covenants and agreements hereinafter contained to be kept and
performed by the respective parties hereto, it is agreed as follows:
Engineering Services Contract Rev.06?l2
0140.463440;0037701/4 t� r 1 196074
CONTRACT DOCUMENTS
The Contract Documents consist of this Contract and any exhibits attached hereto (which
exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts
(as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all
are as fully a part of this Contract as if attached to this Contract or repeated herein.
ARTICLE 1
BCRUA SERVICES
BCRUA shall perform or provide services as identified in Exhibit A entitled"BCRUA Services."
ARTICLE 2
ENGINEERING SERVICES
Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering
Services." As described in Exhibit B, Engineering Services are divided into two major work efforts,
Phase IC Wates- Treatment Plant (WTP) Expansion and Phase 2 Land Rights and Stakeholder
Coordination.
Engineer shall perform the Engineering Services in accordance with the Work Schedule as
identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete
schedule so that the Engineering Services under this Contract may be accomplished within the specified
time and at the specified cost. The Work Schedule shall provide specific work sequences and definite
review times by BCRUA and Engineer of all Engineering Services. Should the review times or
Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer,
Engineer may submit a timely written request for additional time, which shall be subject to the approval
of the General Manager.
ARTICLE 3
CONTRACT TERM
(1) Term. The Engineer is expected to complete the Engineering Services described herein in
accordance with the above described Work Schedule. If Engineer does not perform the Engineering
Services in accordance with the Work Schedule, then BCRUA shall have the right to terminate this
Contract as set forth below in Article 20. So long as the BCRUA elects not to terminate this Contract, it
shall continue from day to day until such time as the Engineering Services are completed Any
Engineering Services performed or costs incurred after the date of termination shall not be eligible for
reimbursement. Engineer shall notify BCRUA in writing as soon as possible if he/she/it determines, or
reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work
Schedule.
(2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance,
and agrees to undertake all necessary efforts to expedite the performance of Engineering Services
required herein so that construction of the project will be commenced and completed as scheduled. In
this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer
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shall proceed with sufficient qualified personnel and consultants necessary to fully and timely
accomplish all Engineering Services required under this Contract in a professional manner.
(3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with
Engineering Services until authorized in writing by BCRUA to proceed as provided in Article 7.
ARTICLE 4
COMPENSATION
BCRUA shall pay and Engineer agrees to accept the amount shown below as full compensation
for the Engineering Services performed and to be performed under this Contract.
(I) Phase IC Water Treatment Plant(WTP) Expansion
The amount payable for Phase 1C Engineering Services under this Contract, without
modification of the Contract as provided herein, is the sum of One Million Seven Hundred Six -Three
Thousand Nine Hundred and No/100 Dollars ($1,763,900.06 as shown in Exhibit D. The lump sum
amount payable shall be revised equitably only by written Supplemental Contract in the event of a
change in Engineering Services as authorized by BCRUA.
Engineer shall prepare and submit to BCRUA monthly progress reports in sufficient detail to
support the progress of the Engineering Services and to support invoices requesting monthly payment.
Any preferred format of BCRUA for such monthly progress reports shall be identified in Exhibit B.
Satisfactory progress of Engineering Services shall be an absolute condition of payment.
The fee Herein referenced may be adjusted for additional Engineering Services requested and
performed only if approved by written Supplemental Contract.
(2) Phase 2 Land Rights and Stakeholder Coordination
Engineer shall be paid for Phase 2 Engineering Services on the basis of actual hours worked by
employees performing work associated with this Contract, in accordance with the Fee Schedule attached
hereto as Exhibit D. Payment of monies due for the Engineer's subconsultant's services shall be based
on the actual amount billed to the Engineer by the subconsultant. Payment of monies due for direct cost
expenses shall be based on the actual costs.
The maximum amount payable for Phase 2 Engineering Services under this Contract, without
modification of this Contract as provided herein, is the sum of Two Million Twelve Thousand Six
Hundred and No/100 Dollars. ($2.012,600.00). Engineer shall prepare and submit to City monthly
progress reports in sufficient detail to support the progress of the work and to support invoices
requesting monthly payment. Any preferred format of City for such monthly progress reports shall be
identified in Exhibit B entitled "Engineering Services". Satisfactory progress of work shall be an
absolute condition of payment.
The maximum amount payable herein may be adjusted for additional work requested and
performed only if approved by written Supplemental Agreement.
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ARTICLE 5
METHOD OF PAYMENT
Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall
prepare and submit to BCRUA, not more frequently than once per month, a progress report as
referenced in Article 4 above. Such progress report shall state the percentage of completion of
Engineering Services accomplished during that billing period and to date. Simultaneous with submission
of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a
certified invoice in a form acceptable to BCRUA. This submittal shall also include a progress
assessment report in a form acceptable to BCRUA.
Progress payments shall be made in proportion to the percentage of completion of Engineering
Services identified in Exhibit D. Progress payments shall be made by BCRUA based upon Engineering
Services actually provided and performed. Upon timely receipt and approval of each statement, BCRUA
shall make a good faith effort to pay the amount which is due and payable within thirty (3 0) days.
BCRUA reserves the right to withhold payment pending verification of satisfactory Engineering
Services performed. Engineer has the responsibility to submit proof to BCRUA, adequate and sufficient
in its determination, that tasks were completed.
The certified statements shall show the total amount earned to the date of submission and shall
show the amount due and payable as of the date of the current statement. Final payment does not relieve
Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its
negligence.
ARTICLE b
PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer
will be made within thirty (30) days of the day on which the performance of services was complete, or
within thirty (30) days of the day on which BCRUA receives a correct invoice for services, whichever is
later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law)
for payments not made in accordance with this prompt payment policy; however, this policy does not
apply in the event:
A. There is a bona fide dispute between BCRUA and Engineer concerning the supplies,
materials, or equipment delivered or the services performed that causes the payment to be
late; or
B. The terms of a federal contract, grant, regulation, or statute prevent BCRUA from making
a timely payment with federal funds; or
C. There is a bona fide dispute between Engineer and a subcontractor or between a
subcontractor and its supplier concerning supplies, materials, or equipment delivered or
the Engineering Services performed which causes the payment to be late; or
D. The invoice is not mailed to BCRUA in strict accordance with instructions, if any, on the
purchase order, or this Contract or other such contractual agreement.
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BCRUA shall document to Engineer the issues related to disputed invoices within ten (10)
calendar days of receipt of such invoice. Any non-disputed invoices shall be considered correct and
payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code.
ARTICLE 7
NOTICE TO PROCEED
The Engineer shall not proceed with any task listed on Exhibit B until the BCRUA has issued a
written Notice to Proceed regarding such task. The BCRUA shall not be responsible for work
performed or costs incurred by Engineer related to any task for which a Notice to Proceed has not been
issued.
ARTICLE 8
PROJECT TEAM
BCRUA's Designated Representative for purposes of this Contract is as follows:
Tom Gallier
General Manager
221 E. Main Street
Round Rock, TX 78661
Cell Number(512) 788-2036
Fax Number(512) 218-7097
Email Address tgallier@bcrua.org
BCRUA's Designated Representative shall be authorized to act on BCRUA's behalf with
respect to this Contract. BCRUA or BCRUA's Designated Representative shall render decisions in a
timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in
the orderly and sequential progress of Engineering Services.
Engineer's Designated Representative for purposes of this Contract is as follows:
Aaron Archer, P.E.
Project Manager
6850 Austin Center Boulevard, Suite 150
Austin, TX 78731
Telephone Number(512) 382-0021
Email Address aarcher@walkerpartners.com
ARTICLE 9
PROGRESS EVALUATION
Engineer shall, from time to time during the progress of the Engineering Services, confer with
BCRUA at BCRUA's election. Engineer shall prepare and present such information as may be pertinent
and necessary, or as may be requested by BCRUA, in order for BCRUA to evaluate features of the
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Engineering Services. At the request of BCRUA or Engineer, conferences shall be provided at
Engineer's office, the offices of BCRUA, or at other locations designated by BCRUA. When requested
by BCRUA, such conferences shall also include evaluation of the Engineering Services.
Should BCRUA determine that the progress in Engineering Services does not satisfy the Work
Schedule, then BCRUA shall review the Work Schedule with Engineer to determine corrective action
required.
Engineer shall promptly advise BCRUA in writing of events which have or may have a
significant impact upon the progress of the Engineering Services, including but not limited to the
following:
(1) Problems, delays, adverse conditions which may materially affect the ability to meet the
objectives of the Work Schedule, or preclude the attainment of project Engineering Services
units by established time periods; and such disclosure shall be accompanied by statement of
actions taken or contemplated, and BCRUA assistance needed to resolve the situation, if
any; and
(2) Favorable developments or events which enable meeting the Work Schedule goals sooner
than anticipated.
ARTICLE 10
SUSPENSION
Should BCRUA desire to suspend the Engineering Services, but not to terminate this Contract,
then such suspension may be effected by BCRUA giving Engineer thirty (30) calendar days' verbal
notification followed by written confirmation to that effect. Such thirty-day notice may be waived in
writing by agreement and signature of both parties. The Engineering Services may be reinstated and
resumed in full force and effect within sixty (60) days of receipt of written notice from BCRUA to
resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and
signature of both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall
have the option of terminating this Contract.
If BCRUA suspends the Engineering Services, the contract period as determined in Article 3,
and the Work Schedule, shall be extended for a time period equal to the suspension period.
BCRUA assumes no liability for Engineering Services performed or costs incurred prior to the
date authorized by BCRUA for Engineer to begin Engineering Services, and/or during periods when
Engineering Services is suspended, and/or subsequent to the contract completion date.
ARTICLE 11
ADDITIONAL ENGINEERING SERVICES
If Engineer forms a reasonable opinion that any work he/she.,-it has been directed to perform is
beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify
BCRUA in writing. In the event BCRUA finds that such work does constitute extra work and exceeds
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the maximum amount payable, BCRUA shall so advise Engineer and a written Supplemental Contract
will be executed between the parties as provided in Article 13. Engineer shall not perform any proposed
additional work nor incur any additional costs prior to the execution, by both parties, of a written
Supplemental Contract. BCRUA shall not be responsible for actions by Engineer nor for any costs
incurred by Engineer relating to additional work not directly associated with the performance of the
Engineering Services authorized in this Contract or any amendments thereto.
ARTICLE 12
CHANGES IN ENGINEERING SERVICES
If BCRUA deems it necessary to request changes to previously satisfactorily completed
Engineering Services or parts thereof which involve changes to the original Engineering Services or
character of Engineering Services under this Contract, then Engineer shall make such revisions as
requested and as directed by BCRUA. Such revisions shall be considered as additional Engineering
Services and paid for as specified under Article 11.
Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to
correct errors appearing therein, when required to do so by BCRUA. No additional compensation shall
be due for such Engineering Services.
ARTICLE 13
SUPPLEMENTAL CONTRACTS
The terms of this Contract may be modified by written Supplemental Contract if BCRUA
determines that there has been a significant change in (1) the scope, complexity or character of the
Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract
must be duly authorized by the BCRUA. Engineer shall not proceed until the Supplemental Contract
has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4.
It is understood and agreed by and between both parties that Engineer shall make no claim for
extra work done or materials furnished until the BCRUA authorizes full execution of the written
Supplemental Contract and authorization to proceed. BCRUA reserves the right to withhold payment
pending verification of satisfactory Engineering Services performed.
ARTICLE 14
OWNERSHIP OF DOCUMENTS
All data, basic sketches, charts, calculations, plans, specifications, and other documents created
or collected under the terms of this Contract are the exclusive property of BCRUA and shall be
furnished to BCRUA upon request. All documents prepared by Engineer and all documents furnished to
Engineer by BCRUA shall be delivered to BCRUA upon completion or termination of this Contract.
Engineer, at its own expense, may retain copies of such documents or any other data which it has
furnished BCRUA under this Contract.
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ARTICLE 15
PERSONNEL E UIPMENT AND MATERIAL
Engineer shall furnish and maintain, at its own expense, quarters for the performance of all
Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering
Services as required. All employees of Engineer shall have such knowledge and experience as will
enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of
BCRUA, is incompetent or whose conduct becomes detrimental to the Engineering Services shall
immediately be removed from association with the project when so instructed by BCRUA. Engineer
certifies that it presently has adequate qualified personnel in its employment for performance of the
Engineering Services required under this Contract, or will obtain such personnel from sources other
than BCRUA. Engineer may not change the Project Manager without prior written consent of BCRUA.
ARTICLE 16
SUBCONTRACTING
Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under
this Contract without prior written approval from BCRUA. All subcontracts shall include the provisions
required in this Contract and shall be approved as to form, in writing, by BCRUA prior to Engineering
Services being performed under the subcontract. No subcontract shall relieve Engineer of any
responsibilities under this Contract.
ARTICLE 17
EVALUATION OF ENGINEERING SERVICES
BCRUA, or any authorized representatives of it, shall have the right at all reasonable times to
review or otherwise evaluate the Engineering Services performed or being performed hereunder and the
premises on which it is being performed. If any review or evaluation is made on the premises of
Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all
reasonable facilities and assistance for the safety and convenience of BCRUA or other representatives
in the performance of their duties.
ARTICLE 18
SUBMISSION OF REPORTS
All applicable study reports shall be submitted in preliminary form for approval by BCRUA
before any final report is issued. BCRUA's comments on Engineer's preliminary reports shall be
addressed in any final report.
ARTICLE 19
VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT
Violation of contract terms or breach of contract by Engineer shall be grounds for termination of
this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation
of contract terms shall be paid by Engineer.
ARTICLE 20
TERMINATION
This Contract may be terminated as set forth below.
(1) By mutual agreement and consent, in writing, of both parties.
(2) By BCRUA, by notice in writing to Engineer, as a consequence of failure by Engineer
to perform the Engineering Services set forth herein in a satisfactory manner.
(3) By either party, upon the failure of the other party to fulfill its obligations as set forth
herein.
(4) By BCRUA, for reasons of its own and not subject to the mutual consent of Engineer,
upon not less than thirty (30) days' written notice to Engineer.
(5) By satisfactory completion of all Engineering Services and obligations described herein.
Should BCRUA terminate this Contract as herein provided, no fees other than fees due and
payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the
Engineering Services performed by Engineer prior to termination, BCRUA shall be the sole judge.
Compensation for Engineering Services at termination will be based on a percentage of the Engineering
Services completed at that time. Should BCRUA terminate this Contract under Subsection (4)
immediately above, then the amount charged during the thirty-day notice period shall not exceed the
amount charged during the preceding thirty(30) days.
If Engineer defaults in the performance of this Contract or if BCRUA terminates this Contract
for fault on the part of Engineer, then BCRUA shall give consideration to the actual costs incurred by
Engineer in performing the Engineering Services to the date of default, the amount of Engineering
Services required which was satisfactorily completed to date of default, the value of the Engineering
Services which are usable to BCRUA, the cost to BCRUA of employing another firm to complete the
Engineering Services required and the time required to do so, and other factors which affect the value to
BCRUA of the Engineering Services performed at the time of default.
The termination of this Contract and payment of an amount in settlement as prescribed above
shall extinguish all rights, duties, and obligations of BCRUA and Engineer under this Contract, except
the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this
Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then BCRUA may
take over the project and prosecute the Engineering Services to completion. In such case, Engineer shall
be liable to BCRUA for any additional and reasonable costs incurred by BCRUA.
Engineer shall be responsible for the settlement of all contractual and administrative issues
arising out of any procurements made by Engineer in support of the Engineering Services under this
Contract.
ARTICLE 21
COMPLIANCE WITH LAWS
(1) Compliance. Engineer shall comply with all applicable federal, state and local laws,
statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or
administrative bodies or tribunals in any manner affecting the performance of this Contract, including
without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws
and regulations. Engineer shall furnish BCRUA with satisfactory proof of his/her/its compliance.
Engineer shall further obtain all permits and licenses required in the performance of the
Engineering Services contracted for herein.
(2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the
Engineering Services performed hereunder. BCRUA is qualified for exemption pursuant to the
provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act.
ARTICLE 22
INDEMNIFICATION
Engineer shall save and hold harmless BCRUA and its officers and employees from all claims
and Iiabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this
Contract, which are caused by or which result from the negligent error, omission, or negligent act of
Engineer or of any person employed by Engineer or under Engineer's direction or control.
Engineer shall also save and hold BCRUA harmless from any and all expenses, including but
not limited to reasonable attorneys fees which may be incurred by BCRUA in litigation or otherwise
defending claims or liabilities which may be imposed on BCRUA as a result of such negligent activities
by Engineer, its agents, or employees.
ARTICLE 23
ENGINEER'S RESPONSIBILITIES
Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall
promptly make necessary revisions or corrections to its work product resulting from errors, omissions,
or negligent acts, and same shall be done without compensation. BCRUA shall determine Engineer's
responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be
relieved of responsibility for subsequent correction of any such errors or omissions in its work product,
or for clarification of any ambiguities until after the construction phase of the project has been
completed.
ARTICLE 24
ENGINEER'S SEAL
The responsible engineer shall sign, seal and date all appropriate engineering submissions to
BCRUA in accordance with the Texas Engineering Practice Act and the rules of the State Board of
Registration for Professional Engineers.
ARTICLE 25
NON-COLLUSION, FINANCIAL INTEREST PROHIBITED
(1) Non-collusion. Engineer warrants that he/she/it has not employed or retained any company
or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this
Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee,
commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting
from the award or making of this Contract. For breach or violation of this warranty, BCRUA reserves
and shall have the right to annul this Contract without liability or, in its discretion and at its sole
election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of
such fee, commission, percentage, brokerage fee, gift or contingent fee.
(2) Financial Interest Prohibited. Engineer covenants and represents that Engineer,
his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest,
direct or indirect, in the purchase or sale of any product, materials or equipment that will be
recommended or required for the construction of the project.
ARTICLE 26
INSURANCE
(1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire
term while this Contract is in effect professional liability insurance coverage in the minimum amount of
One Million Dollars per claim from a company authorized to do insurance business in Texas and
otherwise acceptable to BCRUA. Engineer shall also notify BCRUA, within twenty-four (24) hours of
receipt, of any notices of expiration, cancellation, non-renewal, or material change in coverage it
receives from its insurer.
(2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Engineer, Engineer shall require each subconsuitant performing work under this Contract to maintain
during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum
insurance required in Article 26, Section (1) above, including the required provisions and additional
policy conditions as shown below in Article 26, Section (3).
Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order
to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance
for the duration of this Contract, and shall have the responsibility of enforcing these insurance
requirements among its subconsultants. BCRUA shall be entitled, upon request and without expense, to
receive copies of these certificates of insurance.
(3) Insurance Policy Endorsements. Each insurance policy shall include the following
conditions by endorsement to the policy:
(a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non-
renewal or reduction in limits by endorsement a notice thereof shall be given to BCRUA
by certified mail to:
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BCRUA General Manager
221 East Main Street
Round Rock, TX 78664
(b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently
held by BCRUA, to any such future coverage, or to BCRUA's Self-Insured Retentions of
whatever nature.
(4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained
by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum
coverage in force to be filed with BCRUA. Such Certificates of Insurance are evidenced as Exhibit E
herein entitled"Certificates of Insurance."
ARTICLE 27
COPYRIGHTS
BCRUA shall have the royalty-free, nonexclusive and irrevocable right to reproduce, publish or
otherwise use, and to authorize others to use, any reports developed by Engineer for governmental
purposes.
ARTICLE 28
SUCCESSORS AND ASSIGNS
This Contract shall be binding upon and inure to the benefit of the parties hereto, their
successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any
interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the
prior written consent of BCRUA.
ARTICLE 29
SEVERABILITY
In the event any one or more of the provisions contained in this Contract shall for any reason be
held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or
unenforceability shall not affect any other provision thereof and this Contract shall be construed as if
such invalid, illegal or unenforceable provision had never been contained herein.
ARTICLE 30
PRIOR AGREEMENTS SUPERSEDED
This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior
understandings or written or oral contracts between the parties respecting the subject matter defined
herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto
in writing.
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ARTICLE 31
ENGINEER'S ACCOUNTING RECORDS
Records pertaining to the project, and records of accounts between BCRUA and Engineer, shall
be kept on a generally recognized accounting basis and shall be available to BCRUA or its authorized
representatives at mutually convenient times. The BCRUA reserves the right to review all records it
deems relevant which are related to this Contract.
ARTICLE 32
NOTICES
All notices to either party by the other required under this Contract shall be personally delivered
or mailed to such party at the following respective addresses:
BCRUA:
Brushy Creek Regional Utility Authority
Attention: BCRUA General Manager
221 East Main Street
Round Rock, TX 78664
and to:
Stephan L. Sheets
BCRUA Attorney
309 East Main Street
Round Rock, TX 78664
Engineer:
Aaron Archer, P.E.
Project Manager
6850 Austin Center Boulevard, Suite 150
Austin, TX 78731
ARTICLE 33
GENERAL PROVISIONS
(1) Time is of the Essence. Engineer understands and agrees that time is of the essence and
that any failure of Engineer to complete the Engineering Services for each phase of this Contract within
the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully
responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with
the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage
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is caused to BCRUA due to Engineer's negligent failure to perform BCRUA may accordingly withhold,
to the extent of such damage, Engineer's payments hereunder without waiver of any of BCRUA's
additional legal rights or remedies.
(2) Force Majeure. Neither BCRUA nor Engineer shalt be deemed in violation of this
Contract if prevented from performing any of their obligations hereunder by reasons for which they are
not responsible or circumstances beyond their control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
(3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson
County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or
all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas.
This Contract shall be governed by and construed in accordance with the laws and court decisions of
the State of Texas.
(4) Standard of Performance. The standard of care for all professional engineering,
consulting and related services performed or furnished by Engineer and its employees under this
Contract will be the care and skill ordinarily used by members of Engineer's profession practicing
under the same or similar circumstances at the same time and in the same locality. Excepting Articles
25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise,
in connection with the Engineering Services.
(5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction
cost provided by Engineer are made on the basis of information available to Engineer and on the basis
of Engineer's experience and qualifications and represents its judgment as an experienced and qualified
professional engineer. However, since Engineer has no control over the cost of labor, materials,
equipment or services furnished by others, or over the contractor(s') methods of determining prices, or
over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or
actual project or construction cost will not vary from opinions of probable cost Engineer prepares.
(6) Opinions and Determinations. Where the terms of this Contract provide for action to be
based upon opinion,judgment, approval, review, or determination of either party hereto, such terms are
not intended to be and shall never be construed as permitting such opinion,judgment, approval, review,
or determination to be arbitrary, capricious, or unreasonable.
ARTICLE 34
SIGNATORY WARRANTY
The undersigned signatory for Engineer hereby represents and warrants that the signatory is an
officer of the organization for which he/she has executed this Contract and that he/she has full and
complete authority to enter into this Contract on behalf of the firm. The above-stated representations
and warranties are made for the purpose of inducing BCRUA to enter into this Contract.
IN WITNESS WHEREOF, the BCRUA of Round Rock has caused this Contract to be signed
in its corporate name by its duly authorized BCRUA Manager or Mayor, as has Engineer, signing by
14
and through its duly authorized representative(s), thereby binding the parties hereto, their successors,
assigns and representatives for the faithful and full performance of the terms and provisions hereof.
BRUSHY CREEK REFI IV�4I, AUTHORITY APP !;D AS TO FO
By:.— } L _
Jon Bresident
StephanV,. Sheets,BCRUA Attorney Y
ATTEST:
By: G
Ron Abrttzzese,Ych ecretary
WALKER PARTNERS
By: --/- .E
S' attire of Priv ipal
Printed Name: __Jo tw L I rt h a E?-
1S
LIST OF EXHIBITS ATTACHED
(1) Exhibit A BCRUA Services
(2) Exhibit B Engineering Services
(3) Exhibit C Work Schedule
(4) Exhibit D Fee Schedule
(5) Exhibit E Certificates of Insurance
16
EXHIBIT A
BCRUA Services
Attached Behind This Page
EXHIBIT b
OWNER SERVICES
In addition to the other responsibilities of OWNER as set forth in this Agreement, the OWNER shall
at its expense:
A. Review and comment on all deliverables in a timely manner. OWNER will provide a single set of
consolidated OWNER review comments on all deliverables.
B. Coordinate with cooperating jurisdictional and environmental permitting agencies as needed and
issue payment for required reviews, approvals,and permits.
C. Participate in project meetings, workshops, and conference as described in the scope of
services.
D. OWNER is responsible for posting meetings and other technical materials on the OWNER website.
E. Provide ENGINEER in a timely manner with all criteria and full information as to OWNER'S
requirements for the Project, including design objectives and constraints, space, capacity and
performance requirements, flexibility, and expandability, and any budgetary limitations; and
furnish copies of all design and construction standards which OWNER will require to be
included in the Drawings and Specifications; and furnish copies of OWNER'S standard forms,
conditions, and related documents for ENGINEER to include in the Bidding Documents, when
applicable.
F. Furnish to ENGINEER any other available information pertinent to the Project including reports
and data relative to previous designs, or investigation at or adjacent to the Site.
G. Following ENGINEER'S assessment of initially-available Project information and data and upon
ENGINEER'S request,furnish or otherwise make available in a timely manner such additional
Project related information and data as is reasonably required to enable ENGINEER to complete
its Basic and Additional Services.
H. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes
aware of the presence at the Site (OWNER water treatment plant and/or OWNER floating
intake facilities) of any Constituent of Concern, or of any other development that affects the
scope or time of performance of ENGINEER'S services, or any defect or nonconformance in
ENGINEER'S services,the Work, or in the performance of any Contractor.
I. Authorize ENGINEER to provide Additional Services as set forth in this Agreement as required.
J. Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals,
and other documents presented by ENGINEER (including obtaining advice of an attorney,
insurance counselor, and other advisors or consultants as OWNER deems appropriate with
respect to such examination) and render in writing timely decisions pertaining thereto.
K. Provide reviews of all permits that may be necessary for completion of each phase of the
Project.
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L. Provide, as required for the Project:
1) Accounting, bond and financial advisory, independent cost estimating, and insurance
counseling services.
2) Legal services with regard to issues pertaining to the Project as OWNER requires or
deems appropriate, Contractor raises, or ENGINEER reasonably requests, including but
not limited to the review of Contract Documents supplied by ENGINEER.
3) Such auditing services as OWNER requires to ascertain how or for what purpose
Contractor has used the moneys paid
4) Placement and payment for advertisement for Bids in appropriate publications.
M. Advise ENGINEER of the identity and scope of services of any independent consultants
employed by OWNER to perform or furnish services in regard to the Project, including, but not
limited to, cost estimating, project peer review, value engineering, and constructability review.
N. Attend the construction progress and other job related meetings, and Substantial Completion
and final payment inspections.
O. Provide the services of an independent testing laboratory to perform all inspections, tests, and
approvals of Samples, materials, and equipment required by the Contract Documents, or to
evaluate the performance of materials, equipment, and facilities of OWNER, prior to their
incorporation into the Work with appropriate professional interpretation thereof.
P. Provide ENGINEER with the findings and reports generated by the entities providing services to
OWNER pursuant to this paragraph.
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EXHIBIT B
ENGINEERING SERVICES
GENERAL,
The Project consists of the following major work efforts:
1) Phase IC Water Treatment Plant(WTP) Expansion
Phase 1C consists of an expansion of the Phase 1A floating raw water intake and WTP from
approximately 21 million gallons per day(MGD) to 30 MGD. Phase 1C also includes
modifications and improvements to the existing raw water pipeline and elevated storage
tank. Basic services for Phase 1C include design and bidding phase services. Construction
phase services will be provided as an additional service as a supplemental amendment to
this Agreement.
2) Phase 2 Land Rights and Stakeholder Coordination
Phase 2 includes acquisition of easements and land rights for the 144.7 MGD Phase 2 Deep
Water Intake including easements for the intake, intake and transmission tunnels, and
electrical service upgrades. Phase 2 also includes stakeholder coordination, public outreach,
and select engineering activities to facilitate project development.
The purpose of this Exhibit is to describe engineering and professional services for completion of the
Phase 1C and Phase 2 Projects. The primary tasks and major subtasks of this agreement include:
1.0 Phase 1C WTP Expansion
1.1 Project Management, Coordination and Meetings
1.2 Design Phase
1.2.1 Preliminary Engineering
1.2.2 Final Engineering
1.3 Bidding Phase
1.4 Agency and Stakeholder Coordination
1.5 Special Services
2.0 Phase 2 Land Rights and Stakeholder Coordination
2.1 Project Management, Coordination and Meetings
2.2 Land Acquisition and Right of Way
2.2.1 Prioritization Plan and Property Research
2.2.2 New Overhead Electric Easement Evaluation
2.2.3 Nameless Substation Expansion Evaluation
2.2.4 Right-of-Entry
2.2.5 Surveying and Mapping
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2.2.6 Real Estate Appraisal and Negotiation Services
2.3 Agency and Stakeholder Coordination
2.4 Preliminary Design Updates
3.0 Additional Services
GENERAL ASSUMPTIONS
ENGINEER'S general assumptions apply to all tasks set forth in this Exhibit. Assumptions specific to
Phase 1C and Phase 2 are provided in the Basic Scope of Services.
1. OWNER sholl furnish ENGINEER with information pertinent to the Project including CAD files
prepared by others for the Phase 1A Water Treatment Plant Project and CAD and parcel files
for the Phase 2 Preliminary Engineering Project.
2. Draft and final deliverables will be provided in electronic(PDF)format and 10 printed copies
will be provided to OWNER far review and filing. Drawings will generally be produced as
bound sets of half-size prints. Five bound sets of full-size prints of final bidding and
conformed documents shall be produced.
BASiC SCOPE OF SERVICES
Task 1.0- Phase 1C WTP Expansion
Task 1.0 shall include design and bidding of the following project elements and facilities;
■ Expansion of the Phase 3.A floating raw water intake barge. The expansion will be designed
by ENGINEER and not completed as a bid allowance to Marine Dynamics as performed in
Phase 1A.
■ Three additional raw water pumps similar in design and performance to the existing 4160V,
700 horsepower vertical turbine pumps. One pump will have a VFD and the other two
pumps will include soft starts.
■ New raw water intake ancillary appurtenances including raw water discharge hoses,
anchoring systems, and marine power and control conductors.
■ Improvements to the existing raw water electrical building to improve ventilation and air
handling.
■ implementation of surge control modifications to the existing raw water transmission main
to mitigate Phase 2 transient events as described in the Phase 2 Raw Water Pump Station
Hydraulic Transient Analysis by Northwest Hydraulic Consultants (Strategy 1).
■ Raw water transmission main piping improvements at the WTP to facilitate the future
addition of two raw water head tanks.
■ Expansion of the treatment structure to add a new treatment train. Project facilities include
a new raw water meter vault, hydraulic rapid mix,two flocculation trains, flocculated water
channel, sedimentation basin inlet channel, sedimentation basin, sludge collection
equipment, basin outlet channel, settled water channel, sludge vault, and filter underdrain
and media for two existing filter bays.
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■ Upgrades to the polymer chemical delivery system.
• Sludge thickener.
■ Re-coating of the WTP elevated storage tank interior.
• Replacement of non-functional manually operated valves on the filter-to-waste system with
new manually operated valves.
■ Security and access control improvements including a new camera at the main entrance of
the WTP administration building and access control improvements to link cameras and call
buttons to mobile devices.
The following assumptions have been made in preparing the scope of services for Task 1.0—Phase
1C WTP Expansion:
■ The capacity of the floating raw water intake and WTP after Phase 16 and 1C is
approximately 21 MGD and 30 MGD, respectively.
• The Phase 1C floating raw water intake and WTP expansion shall be bid as two separate
construction contracts.
30 The Phase 1C construction contracts shall be bid as competitive sealed proposals utilizing
the City of Cedar Park front end documents and CSI MasterFormat (6-digit, 50 division).
■ SCADA integration shall be performed by OWNER'S SCADA Integrator, TMT Solutions, Inc.,
as a bid allowance.
• Electronic AutoCAD record drawings of the Phase 1A floating pump station and WTP
projects will be made available by OWNER. Re-drawing of existing structures to be
considered an additional service.
■ It is understood that the rerated capacity of the OWNER system after completion of Phase
113 is likely to be lower than contemplated during design of Phase 1A. The capacity shortfall
will not affect the ability to deliver a minimum of 30 MGD from Phase 1C; however,the
capacity of Phase 1D and subsequent WTP expansions will be lower than anticipated during
Phase 1A thereby resulting in a reduced ultimate WTP capacity. Various alternatives exist
to address this shortfall and maintain an ultimate WTP capacity of 106 MGD. Since the
capacity of this expansion will not be significantly impacted by the final approved rerate
conditions from Phase 113, this scope of services will expand the raw water intake and WTP
facilities as originally envisioned during design of Phase 1A and does not include an
investigation of alternatives to correct this issue. It is recommended that this matter be
resolved during final design of Phases 1D and 2.
■ No additional borings are required based on a current understanding of the 2008
geotechnical report prepared by Fugro and the facility layout and foundation configuration.
■ ENGINEER shall not be required to sign any documents, no matter by whom requested, that
would result in the ENGINEER having to certify, guarantee, or warrant the existence of
conditions whose existence the ENGINEER cannot ascertain. OWNER agrees not to make
resolution of any dispute with the ENGINEER or payment of any amount due to the
ENGINER in any way contingent upon the ENGINEER signing any such documents.
• It is recognized that neither ENGINEER nor the OWNER has control over the cost of labor,
materials or equipment; over the Contractor's methods of determining bid prices; or over
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competitive bidding, market or negotiating conditions. Accordingly, ENGINEER cannot and
does not warrant or represent that bids or negotiated prices will not vary from the
OWNER'S Project budget or from any opinion of construction cost or evaluation
prepared or agreed to by ENGINEER.
1.1 Project Management,Coordination and Meetings
1.1.1 Project Administration.
1.1.1.1 Project Management Plan (PMP). Develop and document the following
plans and procedures to coordinate administration of the contract:
team communication, quality management, risk management,
document control, change management, and cost and schedule control.
1.1.1.2 Manage and coordinate staff resources, subconsultants, and project
planning.
1.1.1.3 Prepare monthly invoices and project progress reports. As a minimum,
monthly progress reports shall include a summary description of tasks
completed as of the report date, description of activities planned for
the next 60 days,financial status of the project, status of schedule for
project, and identification of technical or other issues which may have
an impact to the overall project budget and/or schedule.
1.1.1.4 Provide and maintain a project schedule in MS Project format that is
updated and submitted monthly with each invoice.
1.1.1.5 Facilitate document control and document sharing for electronic filing
of documents. Develop and coordinate drawing and graphic standards.
1.1.2 Project Meetings. Participants include staff from OWNER and ENGINEER, as well
as key ENGINEER subconsultant staff. ENGINEER will prepare meeting minutes and
submit for review and comment within 10 days of each meeting.
1.1.2.1 Attend a project kickoff meeting with OWNER.
1.1.2.2 Attend a project review meeting with OWNER and Wiss Janney Elstner
Associates to review the Phase 1A site visit reports that may potentially
impact design of Phase 1C. It is assumed that the project kickoff
meeting and project review meeting will be scheduled on the same day.
1.1.2.3 Attend monthly progress meetings with OWNER for a total of 12
meetings.
1.1.2.4 Attend up to two meetings with the OWNER'S Board to provide a
presentation on the background and status of the Project and provide
regular progress and status updates.
Task 1.1 Project Management Deliverables
• Monthly invoices and project progress reports
• Project schedule (submitted monthly)
■ Kickoff meeting agenda and minutes
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■ Monthly progress meeting agendas and minutes(12)
■ Board presentations (2)
1.2 Design Phase. The purpose of this task is to prepare final drawings and specification for the
Project that indicates the scope, extent and character of Work to be performed and
furnished by a Contractor. The Design Phase will be considered complete at the date
when final bidding documents have been delivered to the OWNER.
1.2.1 Preliminary Engineering. The purposes of this subtask are to establish the major
project design criteria and constraints to clearly identify the design concepts and
address major conflicts.
1.2.1.1 Land acquisition and field reconnaissance.
1.2.1.1.1 Acquire temporary construction easements on Trails End Road for
the placement of six new combination air-vacuum (CAV) valves on
the existing raw water transmission main.
1.2.1.1.1.1 Obtain rights of entry for survey of temporary
construction easements.
1.2.1.1.1.2 Perform field survey and prepare field notes from
temporary construction easements.
1.2.1.1.1.3 Provide land acquisition real estate appraisal and
negotiation services to convey required land rights and
deliver payment to property owners. Send final offer
package. Provide condemnation support services as an
additional service if negotiations are unsuccessful.
1.2.1.1.2 Research and field verify size and space constraints in 10 existing
CAV vaults that require a surge check feature on the inlet of the
existing CAV as documented in the Phase 2 Raw Water Pump
Station Hydraulic Transient Analysis by Northwest Hydraulic
Consultants (Strategy 1).
1.2.1.2 Geotechnical investigation.
1.2.1.2.1 Review the 2008 Phase 1A geotechnical report prepared by Fugro
and perform a site visit to review existing site conditions including
wall and column locations and the locations and extent of excess fill
placement.
1.2.1.2.2 Prepare a Geotechnical Technical Memorandum addressing the
suitability of the 2008 recommendations for the new facilities that
can be included with the 2008 Phase 1A geotechnical report
prepared by Fugro in the Phase 1C project manual.Submit draft and
final versions of the Technical Memorandum. Attach the
Geotechnical Technical Memorandum as an Appendix to the Basis
of Design Report.
Parmers
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1.2.1.3 Hydraulic transient analysis. Perform a hydraulic transient analysis using
TransAM transient analysis software to analyze the Phase 1C floating
pump station expansion and improvements of the Phase 1A Contract 1
raw water transmission main.
1.2.1.3.1 Modify the existing Phase 2 transient analysis computer model to
include the Phase 1A Contract 3 floating intake and Phase 1A
Contract 2 underwater pipeline.
1.2.1.3.2 Define the critical operating scenarios for the system and establish
hydraulic grade line elevations for the raw water transmission
pipeline under steady state operation and static conditions.
1.2.1.3.3 Perform hydraulic transient analysis simulations including pump
power failure, planned pump shutdown, and pump startup for the
critical operating scenarios.
1.2.1.3.4 Assess whether surge control measures are required to protect the
floating intake and Phase 1A Contract 1 and 2 pipelines from
adverse pressure transients (e.g., over-pressurization, vapor cavity
formation, and large magnitude negative pressures). If surge
control measures are advisable, recommend surge protection
measures for the system.
1.2.1.3.5 Prepare a Hydraulic Transient Analysis Technical Memorandum.
Submit draft and final versions of the Technical Memorandum.
Attach the Hydraulic Transient Analysis Technical Memorandum as
an Appendix to the Basis of Design Report.
1.2.1.4 Basis of Design Report. The purpose of the Basis of Design Report is to
document and communicate the scope, design criteria, and details of
the project. The Report includes the following evaluations and
information for improvements to the floating raw water intake, raw
water transmission main, and WTP. Prepare and submit draft and final
versions of the Report.
1.2.1.4.1 Design criteria. Define design criteria and major assumptions used
in the evaluation and design of equipment, structures, and
alternatives.
1.2.1.4.2 Site layouts. Develop site layouts of the proposed improvements.
1.2.1.4.3 Hydraulic profiles. Prepare hydraulic profiles of the raw water
system and WTP.
1.2.1.4.4 Primary system P&IDs. Develop major process P&IDs.
1.2.1.4.5 Process flow diagrams.
1.2.1.4.6 Facility water balance. Update the facility water balance prepared
for Phase 1A and 1B based on anticipated OWNER operation
strategies.
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1.2.1.4.7 Preliminary raw water transmission main CAV upgrades and retrofit
plan and schematics.
1.2.1.4.8 Floating pump station layout and sections. Evaluation includes the
review of two expansion alternatives including fixed expansion of
the existing barge and separate parallel expansion.
1.2.1.4.9 Process structural layouts and sections with main piping and valves.
1.2.1.4.10 Major equipment list.
1.2.1.4.11 Disinfection CT study update.
1.2.1.4.12 Supporting utility requirements.
1.2.1.4.13 Raw water pump station electrical building space load simulation
and HVAC improvements to improve cooling.
1.2.1.4.14 HVAC mechanical load simulation of space loads at the WTP to
confirm existing cooling capacity is sufficient given new electrical
equipment density.
1.2.1.4.15 Instrumentation and control system architecture.
1.2.1.4.16 Electrical one-line diagrams.
1.2.1.4.17 Power system study to verify voltage dip and load flow.
1.2.1.4.18 Site electrical plans.
1.2.1.4.19 Security and access improvements. Evaluate security and access
control improvements including a new camera at the main entrance
of the WTP administration building and access control
improvements to link viewing and operation of cameras and call
buttons at the WTP gate and administrative building main door to
mobile devices.
1.2.1.4.20 Codes and standards and site development permitting summaries.
Develop codes, standards, and permitting requirements that guide
selection of alternatives, layouts, and equipment.
1.2.1.4.21 Preliminary opinion of probable construction costs.
1.2.1.4.22 Preliminary project schedule.
1.2.2 Final Engineering. The purpose of this subtask is to finalize major design decisions
and prepare final construction plans, specifications, and an opinion of probable
construction costs for bidding.
1.2.2.1 60 Percent Design.
1.2.2.1.1 Prepare construction drawings to a 60 percent level of completion.
This level of completion will generally include the following: cover
sheet,sheet index, general notes, abbreviations and symbols, site
plans,yard piping plan, grading plan, plans and sections of major
facilities, key details, structural design of major facilities, P&IDs, key
electrical and instrumentation diagrams.
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1.2.2.1.2 Prepare specifications to a 60 percent level of completion. This
level of completion will generally include the following: table of
contents,front end documents, and specifications for major
equipment.
1.2.2.1.3 Adjust and update the opinion of probable construction cost as
required.
1.2.2.1.4 Submit 60 percent design documents to OWNER for review.
Incorporate OWNER comments into subsequent submittals and
provide written responses to review comments.
1.2.2.2 90 Percent Design
1.2.2.2.1 Prepare construction drawings to a 90 percent level of completion.
This level of completion is a set of bid-ready documents with the
exception of minor comments related to final quality control,
OWNER review comments, and agency review comments.
1.2.2.2.2 Prepare specifications to a 90 percent level of completion. This
level of completion is a set of bid-ready documents with the
exception of minor comments related to final quality control,
OWNER review comments, and agency review comments.
1.2.2.2.3 Prepare a 90 percent design opinion of probable construction costs.
1.2.2.2.4 Submit 90 percent design documents to OWNER for review.
Incorporate OWNER comments into subsequent submittals and
provide written responses to review comments.
1.2.2.3 Final Bidding Documents
1.2.2.3.1 Prepare and furnish final drawings and specifications with
incorporated compliance comments and OWNER signatures.
1.2.2.3.2 Prepare an opinion of probable construction costs based on the
final documents.
Task 1.2 Design Phase Deliverables
■ Temporary construction easements along Trails End Road far new CAV valves.
■ Geotechnical Technical Memorandum
■ Hydraulic Transient Analysis Technical Memorandum
■ Basis of Design Report
■ 60 Percent Submittal(Drawings, Specifications, Opinion of Probable Construction Costs)
■ 90 Percent Submittal{Drawings, Specifications, Opinion of Probable Construction Costs)
■ Final Bidding Documents(Drawings and Project Manual)
■ Final Opinion of Probable Construction Cost
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1.3 Bidding Phase. Assist OWNER in advertising, obtaining, and evaluating proposals for the
Work. Phase 1C floating raw water intake and WTP expansion shall be bid as two separate
construction contracts. The Bidding Phase will be considered complete upon
commencement of the Construction Phase or upon cessation of negotiations with
prospective contractors.
1.3.1 Assist OWNER in advertising for and obtaining proposals for the Work and, where
applicable, maintain a record of prospective proposers to whom Bidding
Documents have been issued, conduct one pre-Bid conference for each
construction contract, and receive and process contractor deposits or charges for
the Bidding Documents. OWNER shall pay for advertisement of the Work.
1.3.2 Issue Addenda as appropriate to clarify, correct, or change the Bidding Documents.
1.3.3 Consult with OWNER to evaluate the acceptability of substitute materials and
equipment proposed by potential contractor(s) when substitution prior to the
award of contracts is allowed by the Contract Documents.
1.3.4 Provide information or assistance needed by OWNER in the course of any
negotiations with prospective contractors.
1.3.5 Consult with OWNER as to the acceptability of subcontractors, suppliers, and other
individuals and entities proposed by prospective contractors for those portions of
the Work as to which such acceptability is required by the Bidding Documents.
Prequalifying prime contractors and subcontractors is not includes{ in this effort.
1.3.5 Attend the Bid opening, Prepare Bid tabulation sheets, and assist OWNER in
evaluating Bids or proposals and in assembling and awarding OWNER for the
Work. Prepare stamped ENGINEER'S recommendation letter and bid tabulation
analysis.
1.3.7 Prepare conformed bidding documents. Incorporate addenda modifications into
the drawings and specifications.
Task 1.3 Bidding Phase Deliverables
■ Addenda as required
■ Pre-bid Conference Agenda and Meeting Minutes(2)
■ Award Recommendation Letter(2)
■ Conformed construction drawings and specifications (2)
1.4 Agency and Stakeholder Coordination. Coordinate with jurisdictional, regulatory,
permitting, and external utility agencies.
1.4.1 Travis County. Coordinate with Travis County to discuss construction activities and
the use of Travis County right-of-way along the raw water transmission main to
construct six new CAV valves and retrofit 10 existing CAV valves. Support
preparation of applications for required permits and approvals. Attend up to two
meetings with Travis County.
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1.4.2 City of Jonestown. Coordinate with the City of Jonestown to discuss construction
activities along Trails End Road. Support preparation of applications for required
permits and approvals. Attend up to two meetings with City of Jonestown.
1.4.3 Pedernales Electric Cooperative (PEC). Coordinate electrical power requirements
with PEC for upgrading infrastructure to serve the project facilities at the floating
intake and WTP sites. Prepare and submit an Electric Service Data Form. Attend
up to two meetings with PEC.
1.4.4 Lower Colorado River Authority (LORA). Coordinate with LCRA for review and
approval of the floating raw water intake expansion. Support preparation of
applications for required permits and approvals. It is anticipated that a Buoy Permit
and Utility Permit may be required.
1.4.5 Texas Commission on Environmental Quality(TCEQ). Coordinate with TCEQ for
permitting review. Attend up to two meetings with TCEQ.
1.4.6 Texas Water Development Board (TWDB). Support OWNER coordination with
TWDB.
Task 1.4 Agency and Stakeholder Coordination Deliverables
■ Stakeholder coordination meeting minutes(as required)
■ Applications for permit sand approvals(as required)
1.5 Special Services. If authorized in writing by OWNER, ENGINER shall perform the following
Special Services.
1.5.1 Evaluation of Velocity Conditions in Existing Sedimentation Basins.
1.5.1.1 Utilize acoustic Doppler survey of an existing sedimentation basin at
average demand and peak flow conditions. Profile up to six transects
along the length of ane sedimentation basin. It is assumed that the
WTP can sustain a peak capacity condition of approximately 11 MGD or
at a flow to obtain a basin velocity at or above 0.5 cm/second through
one basin for at least three consecutive hours. Prepare and submit a
technical memorandum on the findings of the evaluation.
1.5.1.2 Based on the recommendations of the velocity profiling identified in the
preceding Task and the potential identification of non-uniform velocity
conditions, provide computation fluid dynamics (CFD) modeling to
evaluate potential improvements to the sedimentation basin design.
ANSYS Fluent software will be used to conduct CFD modeling. The inlet
and downstream extent of the model will be the flocculator basin gates
entering the flocculated water channel (TSC-SLG-FLX02). The outlet of
the downstream extent of the model will be the sedimentation basin
outlet channel gate (TSC-SLG-SBX02). Conduct up to six simulations
including two simulations to confirm the velocity profile measurements
conducted in the preceding Task. The model will be conducted at
steady-state with a fixed water surface and single-phase flaw (water
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only). For each modeled scenario, a conservative tracer will be
simulated using the model. Flocculated particles will not be modeled.
Model results will be presented to OWNER for validation and selection
of improvements and modifications to be modeled. A technical
memorandum presenting the simulation model results (validation and
modification) will be submitted and presented. OWNER comments will
be addressed and'the technical memorandum will be finalized and
incorporated in the Basis of Design Report.
1.5.2 Raw Water Pump Station Power Factor Evaluation. Evaluate the type and size of
power factor correction required to correct the power factor at the floating pump
station site to meet Pedernales Electric Cooperative's power factor requirements.
Prepare a Technical Memorandum describing options for correcting power factor
and opinions of probable construction cost for OWNER review and approval.
Design of a power factor correction capacitor is not included.
Task 1.5 Special Services Deliverables
* Sedimentation Basin Hydraulic Evaluation Technical Memorandum
■ Power Factor Correction Technical Memorandum
Task 2.0- Phase 2 Land Rights and Stakeholder Coordination
Task 2.0 shall include the following efforts related to the Phase 2 Deep Water Intake:
■ Acquisition of easements and land rights for the Phase 2 project including easements for
the intake, intake tunnel, transmission tunnel, and electrical service upgrades.
■ Stakeholder coordination and public outreach.
■ Limited preliminary design updates to support project development.
The following assumptions have been made in preparing the scope of services for Task 2.0— Phase
2 Land Rights and Stakeholder Coordination:
■ The Phase 2 Preliminary Engineering Report dated June 1, 2016 and prepared by HDR is the
source document for easement and right of way alignments and widths.
■ Preliminary engineering electronic AutoCAD drawings, GIS files, parcel files, and
groundwater well inventory database related to design and land rights aspects of the Phase
2 project prepared by HDR and subconsultants to HDR will be made available by OWNER.
• Fees associated with title commitments, insurance, recording fees, and title curative will be
paid by OWNER.
• Fees charged by financial institutions to process lien releases or title escrow fees will be
paid by OWNER.
• Presentation and discussion of property owner counteroffers will occur during monthly
progress meetings with OWNER.
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2.1 Project Management, Coordination and Meetings
2.1.1 Project Administration.
2.1.1.1 Project Management Plan (PMP). Develop and document the following
plans and procedures to coordinate administration of the contract:
team communication, quality management, risk management,
document control, change management, and cost and schedule control.
2.1.1.2 Manage and coordinate staff resources, subconsultants, and project
planning.
2.1.1.3 Prepare monthly invoices and project progress reports.As a minimum,
monthly progress reports shall include a summary description of tasks
completed as of the report date, description of activities planned for
the next 50 days, financial status of the project, status of schedule for
project, and identification of technical or other issues which may have
an impact to the overall project budget and/or schedule.
2.1.1.4 Provide and maintain a project schedule in MS Project format that is
updated and submitted monthly with each invoice.
2.1.1.5 Facilitate document control and document sharing for electronic filing
of documents. Develop and coordinate drawing and graphic standards.
2.1.2 Project Meetings. Participants include staff from OWNER and ENGINEER, as well
as key ENGINEER subconsultant staff. ENGINEER will prepare meeting minutes and
submit for review and comment within 10 days of each meeting.
2.1.2.1. Attend a project kickoff meeting with OWNER.
2.1.2.2 Attend monthly progress meetings with OWNER for a total of 17
meetings.
2.1.2.3 Attend up to two meetings with the OWNER'S Board to provide a
presentation on the background and status of the Project and provide
regular progress and status updates.
Task 2.1 Project Management Deliverables
■ Monthly invoices and project progress reports
■ Project schedule (submitted monthly)
■ Kickoff meeting agenda and minutes
■ Monthly progress meeting agendas and minutes(24)
■ Board presentations(2)
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2.2 Land Acquisition and Right of Way. Support acquisition of easements and land rights for
the Prase 2 Deep Water Intake project. The total number of parcels/easements for Task 2.2
is 106 including 1 fee simple, 4 temporary easements, 53 permanent easements, and 48
rights of entry for locating existing groundwater wells along the intake tunnel alignment as
described in Task 2.4.1 Well Mapping, Monitoring, and Mitigation Plan.
2.2.1 Land Acquisition Prioritization. Develop a land acquisition prioritization plan to
rank the relative order of importance of the acquisition of each easement/parcel
and document the plan in a brief memorandum. The purpose of this plan is to
guide the strategic acquisition of easement and right of way should the costs of
acquiring easements and right of way exceed the amount budgeted by OWNER.
2.2.2 New Overhead Electric Easement Evaluation. Confirm power distribution routes
and land requirements documented in the 2016 Preliminary Engineering Report.
For segments of new overhead electric distribution lines from the Nameless
substation to the proposed Please 2 pump station location, identify additional
easement requirement for guy wires beyond the standard 20 feet wide easement
required by PEC. This evaluation does not include an evaluation of upgrades to
existing overhead electric facilities and any additional easement requirements
associated with these requisite upgrades.
2.2.2.1 Determine Guy Wire Easement Requirements. Identify additional
easement requirement for guy wires beyond the standard 20 feet wide
easement required by PEC. Document findings and recommendations
in a Technical Memorandum. Attend up to four meetings with PEC.
2.2.2.2 Environmental Constraints Review. Perform an environmental review
of the new easements required to extend power from the PEC
Nameless substation to the Phase 2 pump station site on Lime Creek
Road. The review includes desktop and field reconnaissance review of
approximately two miles of"new build" overhead electric power
supply. Specific tasks are as follows. The review does not include the
assessment"rebuild" portions of the recommended route wherein
existing overhead electric in existing easements will be rebuilt and
improved to serve the Phase 2 project. An Environmental Constraints
Report will be submitted and presented. OWNER comments will be
addressed and the Report will be finalized.
2.2.2.2.1 Jurisdictional Waters Assessment. Identifythe location and extent
of potential waters of the U.S. in accordance with Section 404 of the
Clean Water Act. Utilize aerial photographs, topographical maps,
National Wetlands Inventory database, National Hydrography
Dataset, soil surveys, and conduct the appropriate field work.
2.2.2.2.2 Hazardous Materials Review. Conduct a hazardous materials review
of the study area by completing an American Society for Testing and
Materials (ASTM) standard environmental background search and
site reconnaissance. The study does not include a complete ASTM
1527-05 level of review.
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2.2.2.2.3 Endangered Songbird Review. Perform a habitat assessment for
golden-cheeked warbler and black-capped vireo. The task includes
visual inspection within the proposed alignment easements and
does not include habitat evaluation outside of the project alignment
in adjacent areas.
2.2.2.2.4 Cultural Resources Investigations. Prepare a Texas Historical
Commission (THC) permit application to perform a cultural
resources study. The work includes a pedestrian survey,shovel
testing, site photography, site recording, preliminary archival
research, National Register eligibility assessment, data analysis, and
report preparing and curation in accordance with THC and the
Council of Texas Archaeologists standards. The findings of the
cultural survey will be prepared as a stand-alone report.
2.2.3 Nameless Substation Expansion Evaluation. Coordinate with PEC and perform
required evaluations to determine the land requirements for expansion of the
Nameless substation. Summarize the channel diversion and environmental review
findings in a technical memorandum.
2.2.3.1 Channel Diversion Analysis. An existing ephemeral stream crosses the
proposed substation expansion site. Prepare a conceptual level channel
diversion plan to accommodate the substation expansion plan proposed
by PEC. Complete a topographic and tree survey of the approximate
one acre expansion tract using one foot interval contours. The survey
will include locating all improvements and visible utilities. The tree
survey will include trees 8-inch diameter and larger. Provide a
hydrologic and hydraulic analysis for the 2-year through 100-year storm
events. Determine the size, typical cross-section and alignment of the
proposed channel diversion around the expansion area. Determine the
area of likely disturbance and approximate cut and fill quantities.
Propose the channel lining and energy dissipation options, if necessary,
and erosion control measures for the period during and after
construction of the diversion.
2.2.3.2 Environmental Review. Review the substation expansion and channel
diversion plans generated in the preceding task for impacts to waters of
the US and permitting implications.
2.2.4 Rights of Entry. Prepare and mail introduction letter with request for right to
enter property. Communicate and coordinate with property owners to secure
rights of entry. A total of 106 rights of entry are anticipated inclusive of rights of
entry for locating existing groundwater wells along the intake tunnel alignment as
described in Task 2.4.1 Well Mapping, Monitoring, and Mitigation Plan. Property
owner participation for inventorying existing groundwater wells is voluntary. Task
2.4.1 defines the objectives and approach to development of the well inventory.
2.2.5 Surveying and Mapping. Perform surveying services for a total of 48 acquisitions.
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2.2.5.1 Verify and recover existing project control points. Horizontal and
vertical datums for project control will remain on NAD83/NAVD88 Texas
State Plane, Central Zone.
2.2.5.2 Field survey. Perform boundary survey and prepare exhibits and field
notes of parcels to be conveyed. The anticipated number of parcels to
be surveyed for easements for each project component is as follows.
2.2.5.2.1 Electrical upgrade easements. Survey a portion of 27 parcels for
required for power distribution upgrades and relocation of existing
electric facilities at the pump station site. The estimated area of the
substation site is 1.25 acres. The assumed width of new electrical
distribution easements is 20 feet. Additional easement width may
be required as determined in Task 2.4.2 for guy wires.
2.2.5.2.2 Subsurface easements. Survey 27 parcels for subsurface easements.
The assumed width of subsurface easements for tunnels is 50 feet.
Perform a profile survey every 100 linear feet and at grade breaks
along the centerline of the intake tunnel alignment (not including
submerged areas). Locate building and homes within the proposed
tunnel easements.
2.2.5.2.3 Drop shaft easements. Stake two proposed drop shaft locations
and survey a portion of three parcels and road right of way for the
proposed drop shaft easements. The location, size and
configuration of these easements is described in Exhibit 2 of
Technical Memorandum 6-2 in the 2016 Phase 2 Preliminary
Engineering Report.
2.2.5.3 Groundwater well locates. Locate existing groundwater wells along an
800 foot corridor centered on the intake tunnel alignment using X, Y,
and Z coordinates. Contingent on the voluntary participation of property
owners, it is anticipated that up to 48 existing groundwater wells may be
located along this corridor.
2.2.5.4 Monitoring well locates. Stake four monitoring well locations in Village
of Volente right of way along Lime Creek Road using X,Y, and Z
coordinates. Locate the monitoring wells as placed and drilled.
2.2.6 Real Estate Appraisals and Land Plan.
2.2.6.1 Notices.
2.2.6.1.1 Prepare and conduct personal pre-appraisal contact with interest
owners or their designated representatives for each
parcel/easement and offer an opportunity to accompany the
Appraiser on the inspection of the subject property.
2.2.6.1.2 Secure written permission from the property owner or their
designated representative to enter the subject property. If, after
diligent effort,the Appraiser is unable to secure written permission
41512017 0 Walker Partners
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from the property owner, a written waiver must be obtained from
BCRUA.
2.2.6.2 Appraisal Report. Prepare an appraisal report for each parcel/easement
to be acquired. Reports will conform to the Uniform Standards of
Professional Appraisal Practice as promulgated by the Appraisal
Foundation.
2.2.6.3 Land Plan. Prepare a land plan for the Attwood property. Consider the
location and depth of the tunnel and review property owner's master
plan in relationship to the proposed tunnel. Prepare schematic plans,
exhibits, and a land plan report. Review findings with Village of Volente
staff to evaluate feasibility. Prepare a remainder plan with required
alterations to the property owner's master pian.
2.2.7 Negotiation Services.
2.2.7.1 Analyze preliminary Title Commitment report to identify potential title
problems and prepare a title curative plan outlining methods to cure
title deficiencies.
2.2.7.2 Secure Title Commitment updates in accordance with insurance rules
and requirements for parcel/easement payment submissions.
2.2.7.3 Analyze appraisal report and confirm OWNER approved value prior to
making offer for each parcel/easement.
2.2.7.4 Prepare and send the letter transmitting the Landowner's Bill of Rights
by Certified Mail-Return Receipt Requested (CMRRR).
2.2.7.5 Prepare documents required on forms approved by OWNER (i.e., the
initial offer letter, memorandum of agreement, instruments of
conveyance).
2.2.7.6 Send the written offer and appraisal report to each property owner or
the property owner's designated representative by CMRRR.
2.2.7.7 Maintain follow-up contacts and secure the instruments necessary for
the closing upon acceptance of the offer.
2.2.7.8 Respond to property owner inquiries verbally or in writing within two
business days.
2.2.7.9 The curative services necessary to provide a clear title to OWNER are
the responsibility of ENGINEER and thus are part of ENGINEER'S fee for
Negotiation Services and Condemnation Support Services.
2.2.7.10 ENGINEER performs closing services in conjunction with the Title
Company and will be required to attend closings. In the event of a
closing by mail, title work will be reviewed prior to the closing by mail
and again prior to recording of the instrument.
2.2.7.11 Cause the recordation of original instruments immediately after closing
at the respective County Clerk's Office, except for donations, which
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must be forwarded to OWNER for acceptance by the OWNER Board
prior to recording.
2.2.7.12 If negotiations are unsuccessful, send a final offer package to property
owners by CMRRR.
2.2.7.13 Prepare and provide to OWNER a memo requesting condemnation
proceedings using information from the Title Commitment and other
available sources to join interested parties.
Task 2.2 Land Acquisition and Right of Way Deliverables
■ Land Acquisition Prioritization Memo
• PEC Nameless Circuit Guy Wire Evaluation Technical Memorandum
■ Environmental Constraints Reportfor New Build Overhead Electric Power Supply
■ Cultural Survey Report for New Build Overhead Electric Power Supply
• Nameless Substation Expansion Plan Technical Memorandum
■ Land Plan for the Attwood property
■ Recorded conveyance documents and title policy for successful negotiations
■ Memo requesting condemnation proceedings including a copy of the final project file for
unsuccessful negotiations
2.3 Agency and Stakeholder Coordination.
2.3.1 Village of Valente(Village).
2.3.1.1 Meetings.
2.3.1.1.1 Develop and present one town-hall style presentation to provide a
project update to the Village.
2.3.1.1.2 Meet with OWNER and Village quarterly for a total of five meetings
to provide project progress updates and coordinate future
activities.
2.3.1.2 Coordination and communication. Support ongoing OWNER
coordination and communication with the Village. Prepare and submit
project figures and exhibits for use and display by the Village including a
general project layout, an overall project schedule, a detailed schedule
of activities included in this scope of services that will in occur in and
around the Village, and summary updates of upcoming activities.
Coordinate activities within the Village corporate limits with OWNER and
the Village.
2.3.1.3 Interlocal Agreement(ILA) Support. Support OWNER development of an
ILA with the Village.
2.3.1.3.1 Assist OWNER in defining project requirements to be included in
the ILA and responding to Village key issues including construction
impacts, spoils handling, intake tunnel concrete drop shaft
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requirements,traffic and hauling, roadway assessment and repair,
and O&M activities for the proposed maintenance building.
2.3.1.3.2 Attend up to four meetings with OWNER and Village to support
development of the ILA.
2.3.2 Travis County. Coordinate with Travis County to discuss the use of Travis County
right-of-way along the recommended tunnel and electrical upgrade alignments.
Attend up to two meetings with Travis County.
2.3.3 Lower Colorado River Authority. Attend up to three meetings with LCRA to
provide an overview of the project requirement, land acquisition process, and
technical concepts and layouts for the intake and intake tunnel.
Task 2.3 Agency and Stakeholder Coordination Deliverables
■ Village of Valente town-hall presentation
■ Stakeholder coordination meeting minutes(as required)
2.4 Preliminary Design Updates. Perform the following task related to updating information in
the Phase 2 Preliminary Engineering Report (June 1, 2016) to support OWNER planning and
agency and stakeholder coordination.
2.4.1 Well Mapping, Monitoring, and Mitigation Plan. Prepare a supplemental update
to Technical Memorandum 6 3 (Preliminary Well Mapping, Monitoring, and
Mitigation Plan) from the Phase 2 Preliminary Engineering Report. The primary
objectives of this task are to expand the well mapping database within the
recommended horizontal offset from the subsurface tunnels and to implement
well monitoring recommendations through the construction of new monitoring
wells and water level and water quality monitoring of the existing piezometers and
proposed monitoring wells. Information obtained in this task will be used to
baseline groundwater conditions and proactively categorize and identify
groundwater wells that may potentially be vulnerable to impacts.
2.4.1.1 Update the existing well mapping database.
2.4.1.1.1 Add new wells to the database as required from the Texas Water
Development Board and TCEQ digital databases and file records.
2.4.1.1.2 Inventory existing wells in the 800 feet offset of the tunnel
alignment from information obtained under Task 2.2.4.3.
Coordinate with land agent and surveyor to collect additional
information on specific wells of interest including well depth,
position of the well screen, pump setting, and static water level.
2.4.1.2 Perform groundwater monitoring.
2.4.1.2.1 Install four monitoring wells adjacent to the land boring sites LB-2
and LB-4 as proposed in TM 6-3 (attached to the 2016 Phase 2
Preliminary Engineering Report). The well construction program
includes construction of the wells, oversight and verification of the
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drilling operation, geologic logging, well completion diagrams,
stratigraphic logs, and transducer installation and documentation.
2.4.1.2.2 Obtain groundwater well level and water quality information.
2.4.1.2.2.1 Download continuous monitoring data from the proposed
monitoring wells monthly.
2.4.1.2.2.2 Sample water levels in the existing land borings completed
during Phase 2 Preliminary Engineering monthly.
2.4.1.2.2.3 Collect monthly manual well level measurements from up
to 10 privately owned wells along the tunnel alignment
and within the 800 feet offset.
2.4.1.2.2.4 Collect monthly groundwater water quality samples from
the four monitoring wells and up to six privately owned
wells along the tunnel alignment and within the 800 feet
offset.
2.4.1.3 Reporting.
2.4.1.3.1.1 Prepare a supplemental update to TM 6-3 to document
the updated well mapping database and water monitoring
information.
2.4.1.3.1.2 Develop a web-GIS application for well owners that
provides project monitoring data. The monitoring data
will include well-specific data including well logs and
completion information as available in addition to water
level monitoring and water quality data.
2.4.2 Phasing and Capacity. Update the phasing and capacity summary from the Phase
2 Preliminary Engineering Report based on updated future water demand
projections from the three partner cities. The purpose of this update is to estimate
the when the initial Phase 2 project and subsequent capacity expansions may be
required. The projections do not represent an officially accepted forecast of future
water demands by OWNER or the three partner cities. Summarize the findings in a
brief Technical Memorandum.
2.4.3 Project Schedule. Update the Phase 2 project implementation schedule from the
Preliminary Engineering Report and include the schedule in the Phasing and
Capacity Technical Memorandum.
2.4.4 Pumping System Research. Consult with pumps suppliers identified during Phase
2 preliminary engineering and Southern Nevada Water Authority(SNWA) to assess
the performance of submersible pumps installed at SNWA for performance testing.
Document relevant information and findings in a memorandum.
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Task 2.4 Preliminary Design Updates Deliverables
• Well Mapping, Monitoring, and Mitigation Plan Technical Memorandum
■ Phasing and Capacity Technical Memorandum (includes Phase 2 Project Implementation
Schedule)
Pumping System Memorandum
Task 3.0-Additional Services
The following Additional Services are not included in the Scope of Services and will not be
performed unless specifically authorized by the OWNER:
3.1 Preparing to serve or serving as a consultant or witness for OWNER in any litigation,
arbitration, or other dispute resolution process related to the Project including obtaining
easements.
3.2 Providing information or assistance needed by OWNER or OWNER'S legal counsel to
prepare for easement proceedings.
3.3 Construction Phase Services. After acceptance by OWNER of the Phase 1C Final Bidding
Documents and upon written authorization, construction phase services shall be provided.
Work tasks for construction phase services will be defined in a future scope of services.
3.4 Performing bench-scale or outside laboratory water quality studies.
3.5 Environmental, biological, historical, and cultural field investigations for efforts other than
those associated with the study of the route for the proposed new electrical distribution
service lines.
3.6 Coordination with other regulatory including but not limited to Texas Parks &Wildlife
Department (TPWD), U.S. Fish &Wildlife Service (USFWS), Balcones Canyonland
Conservation Plan, and U.S. Environmental Protection Agency(USEPA).
3.7 Site clearing and grading for monitoring well drilling equipment to access the proposed
monitoring well locations and site restoration activities beyond the removal of boring spoils.
3.8 Bathymetric surveying and mapping services.
3.9 Preparation of applications and supporting documents (in addition to those furnished
under Basic Services) for private or governmental grants, loans, or advances in
connection with the Project; preparation or review of environmental assessments and
impact statements; review and evaluation of the effects on the design requirements
for the Project of any such statements and documents prepared by others; and
assistance in obtaining approvals of authorities having jurisdiction over the anticipated
environmental impact of the Project.
3.10 Services to make measured drawings of or to investigate existing conditions or facilities, or
to verify the accuracy of drawings or other information furnished by OWNER or others.
3.11 Services resulting from significant changes in the scope, extent, or character of the portions
of the Project designed or specified by ENGINEER or its design requirements including, but
not limited to, changes in size, complexity, OWNER'S schedule,character of construction, or
4/5/2017 Wa]ker Partners
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method of financing; and revising previously accepted studies, reports, Drawings,
Specifications, or Contract Documents when such revisions are required by changes in
Laws and Regulations enacted subsequent to the Effective Date of this Agreement or are
due to other causes beyond ENGINEER'S control.
3.12 Services required as a result of OWNER'S providing incomplete or incorrect Project
information to ENGINEER.
3.13 Services required due to delays or other causes beyond ENGINEER'S control.
3.14 Undertaking investigations and studies including, but not limited to, detailed consideration
of operations, maintenance, and overhead expenses; the preparation of feasibility
studies, cash flow and economic evaluations, rate schedules, and appraisals; assistance in
obtaining financing for the Project; evaluating processes available for licensing,and
assisting OWNER in obtaining process licensing; detailed quantity surveys of materials,
equipment, and labor; and audits or inventories required in connection with construction
performed by OWNER.
3.15 Furnishing services of Consultants for other than Basic Services.
3.16 Services attributable to assisting the OWNER in prequalifying prime contractors and/or
subcontractors/suppliers for this Project.
3.17 Preparing for, coordinating with, participating in and responding to structured independent
review processes, including, but not limited to, construction management, cost estimating,
project peer review, value engineering, and constructability review requested by OWNER;
and performing or furnishing services required to revise studies, reports, Drawings,
Specifications, or other Bidding Documents as a result of such review processes.
3.18 Providing assistance in responding to the presence of any Constituent of Concern at the
Site, in compliance with current Laws and Regulations.
3.19 Providing more extensive services required to enable ENGINEER to issue notices or
certifications requested by OWNER.
3.20 Preparation of comprehensive operation and maintenance manuals beyond that required
to be supplied by the Contractor within the Construction Contract.
3.21 Preparing additional Bidding Documents or Contract Documents for alternate bids or prices
requested by OWNER for the Work or a portion thereof.
3.22 Assistance in connection with Bid protests, rebidding, or renegotiating contracts for
construction, materials, equipment, or services.
3.23 Providing construction surveys and staking to enable Contractor to perform its work,
3.24 Other services performed or furnished by ENGINEER not otherwise provided for in this
Agreement.
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EXHIBIT C
WORK SCHEDULE
A detailed project work schedule is attached to this Exhibit C as Appendix I. The assumed primary
Task durations are as follows. Specific sub-task dates and durations contained in Appendix 1 are
anticipated to vary.
■ Task 1.0—WTP Expansion: 14 months (12 month Design Phase and 2 month Bidding Phase)
• Task 2.0—Land Rights and Stakeholder Coordination: 17 months
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Appendix 1 to Exhibit C
Detailed Work Schedule
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EXHIBIT D
Fee Schedule
Attached Behind This Page
EXHIBIT D
COMPENSATION
Total compensation for Basic Services set forth in Exhibit B is estimated to be $3,776,500. OWNER
shall pay ENGINEER for Basic Services Task J.0—Phase 1C Water Treatment Plant Expansion set forth
in Exhibit Bon the basis of Lump Sum as described in Paragraph 1.0. OWNER shall pay ENGINEER for
Basic Services Tasks 2.0—Phase 2 Land Rights and Stakeholder Coordination set forth in Exhibit B on
the basis of Standard Hourly Rates as described in Paragraph 2.0. ENGINEER'S labor and fee
summaries are attached as Appendix 1.
1.0 OWNER shall pay ENGINEER for Basic Services Task 1.0 — Phase 1C Water Treatment Plant
Expansion set forth in Exhibit B as follows:
A. A Lump Sum amount of $1,763,900 based on the following estimated distribution of
compensation:
1. Task 1.1—Project Management, Coordination, and Meetings $207,400
2. Task 1.2—Design Phase $1,376,300
3. Task 1.3—Bidding Phase $76,400
4. Task 1.4--Agency and Stakeholder Coordination $31,700
5. Task 1.S—Special Services $72,100
B. The portion of the Lump Sum amount billed for ENGINEER'S services will be based upon
ENGINEER'S estimate of the percentage of the total services actually completed during
the billing period for each Task described in Paragraph I.O.A.
C. ENGINEER may not alter the distribution of compensation between individual phases
noted herein and shall not exceed the total Lump Sum amount unless approved in writing
by the OWNER.
D. The Lump Sum includes compensation for ENGINEER'S services and services of
ENGINEER'S Consultants, if any. Appropriate amounts have been incorporated in the
Lump Sum to account for labor costs, overhead, profit,expenses, and Consultant charges.
2.0 OWNER shall pay ENGINEER for Basic Services Task 2.0— Phase 2 Land Rights and Stakeholder
Coordination set forth in Exhibit B as follows:
A. An amount equal to the cumulative hours charged to the Project by each class of
ENGINEER'S personnel times Standard Hourly Rates for each applicable billing class for all
services performed on the Project, plus Reimbursable Expenses and ENGINEER'S
Consultants' charges, if any.
4/512017 WEen lker Partners
ineers * surveyors
B. The Standard Hourly Rates charged by ENGINEER constitute full and complete
compensation for ENGINEER'S services, including labor costs, overhead, and profit; the
Standard Hourly Rates do not include Reimbursable Expenses or ENGINEER'S
Consultants' charges.
C. ENGINEER'S Standard Hourly Rates are attached to this Exhibit D as Appendix 2.
D. The total compensation for services under Paragraph 2.0 is estimated to be $2,012,600
based on the following distribution of compensation:
1. Task 2.1—Project Management, Coordination, and Meetings $229,500
2. Task 2.2—Land Acquisition and Right of Way $1,464,300
3. Task 2.3—Agency and Stakeholder Coordination $137,100
4. Task 2.4—Preliminary Design Updates $181,700
E. ENGINEER may not alter the distribution of compensation between individual phases of
the work noted herein and shall not exceed the total estimated compensation amount
unless approved in writing by OWNER.
F. The total estimated compensation for ENGINEER'S services included in the breakdown by
phases as noted in Paragraph 2.0.1) incorporates all labor, overhead, profit, Reimbursable
Expenses, and ENGINEER'S Consultant's charges.
G. If it becomes apparent to ENGINEER that the compensation amount for Engineer's
services will be exceeded, ENGINEER shall give OWNER written notice thereof for review
of the matter.
H. The amounts billed for ENGINEER'S services under Paragraph 2.0 will be based on the
cumulative hours charged to the Project during the billing period by each class of
ENGINEER'S employees times Standard Hourly Rates for each applicable billing class, plus
Reimbursable Expenses and ENGINEER'S Consultants' charges.
I. The amounts payable to ENGINEER for Reimbursable Expenses will be the Project-related
internal expenses actually incurred or allocated by ENGINEER multiplied by a factor of
5%
3.0 Other Provisions Concerning Payment
A. Whenever ENGINEER is entitled to compensation for the charges of ENGINEER'S
Consultants, those charges shall be the amounts billed by ENGINEER'S Consultants to
Engineer times a factor of 5%.
4/5/2017 @'Eaex Partnersineers * surveyors
1141
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Appendix 2 to Exhibit D
Standard Hourly Rates Schedule
Standard Hourly Rates are subject to annual review and adjustment. Hourly rates for services in
effect on the date of the Agreement are:
Managing Principal $275/hour
Manager III $260/hour
Manager l[ $225/hour
Managed $195/hour
Senior Engineer III $275/hour
Senior Engineer 11 $225/hour
Senior Engineer I $200/hour
Survey Manager $200/hour
Senior Project Manager $165/hour
Project Manager $150/Dour
Senior Design Engineer $150/hour
Project Engineer Ili $130/hour
Project Engineer II $120/hour
Project Engineer I $110/hour
Senior Project Surveyor $130/hour
Project Surveyor III $110/hour
Project Surveyor II $95/hour
Project Surveyor I $85/hour
Professional IV $95/hour
Professional III $90/hour
Professional II $85/hour
Professional I $80/hour
Technician XI $150/hour
Technician X $130/hour
Technician VII $110/hour
Technician VI $95/hour
Technician V $90/hour
Technician IV $80/hour
Technician 111 $75/hour
Technician 11 $60/hour
Technician I $50/hour
Support Staff[I[ $80/hour
Support Staff II $70/hour
Support Staff I $60/hour
4-Man Crew $170/hour
3-Man Crew $1.60/hour
2-Man Crew $135/hour
1-Man Crew $115/hour
4/5/2017 ] W 1 arneS
engineers* surveyors
Land Agent Project Manager $200/hour
Senior Land Agent $140/hour
Acquisition Agent $125/hour
Title Agent $100/hour
GIS,VROW& ROW Technician $85/hour
Administrative Agent $75/hour
Land Planner $200hour
Researcher/Planner $150/hour
Land Planner Technician $110/hour
Leat!Appraiser $250/hour
4/512017 @'Ea!!?�r1`u hers
rs * surveyors
EXHIBIT E
Certificates of Insurance
Attached Behind This Page
Client#:2426 WALKPAR
(MMmcm
'YY)
ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE 3128/2017(MMIDO
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed.If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the
certificate holder in lieu of such endomement(s).
PRODUCER E" T Eva Llmmer
Ward&Moore ins Services LPPCO Ha Etc:254 865.8411 ac Na; 254 865-8414
P.O.Box 179 EMAIL r@w
ADDRESS: elimmer@ward-moore.com
Gatesville,TX 76528
254 885-8411 INSURERS AFFORDING COVERAGE NAIC r
INSURER A:The Cincinnati Casualty Co 28665
INSURED INSURER B.Texas Mutual Ins Co 22945
Walker Partners,LLC
600 Austin Ave,Ste 20 INSURER c:Beazley Insurance Co Inc
INSURER D
Waco,TX 76701
INSURER E
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE ADDL UBR POLICY EFF POLICY
INSR LIMITS
LTR POLICY NUMBER MMm MAIM
A X COMMERCIAL GENERAL UAe1UTY EPP0266941 713012016 07/3012017 EACH OCCURRENCE 511000 000
CLAIMS-MADE LX occuR �� s Dna $1.0001000
MED EXP(Any one on) $10,000
PERSONAL&ADV INJURY $1,000,000
GEN'L AGGREGATE UMITAPPUES PER: GENERAL AGGREGATE S 2,00-0,00-0—
POLICY EZ JECT �LOC PRODUCTS-COMPIOP AGG S 2,000,000
OTHER: $
A AUTOMOBILE LIABILITY EBA0266941 7130/2016 071301201 89BIINdE�D SINGLE LIMIT 1,000,000
X ANY AUTO BODILY INJURY(Per person) S
ALL OWNED SCHEDULED BODILY INJURY(Per acddent) S
AUTOS X HIRED AUTOS X NON
-OWNED PROPERTY DAMAGE $
AUTOS Per accident
$
A X uMBREu A LiAB X OCCUR EPP0266941 7/30/2016 07/3012017 EACH OCCURRENCE s2,000,000
EXCESS UAB CLAMS-MADE AGGREGATE s2,000,000
DED I X RETENTION$0 S
* WORKERS COMPENSATION 0001226901 0713012016 07/301201 X PER ER
Off"
AND EMPLOYERS'LIABILITY YIN
ANY
PRE�EMBERWAAC UOE�ECUTIVW NIA
E.L.EACH ACCIDENT S1.000,000
OFFIC(Mandatory In NH) EL DISEASE-EA EMPLOYEE $1,000,0 0
If yea,describe under
DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $1,000,000
C Professional& V11CD01608017 07/30/201 5,000,000 Each Claim
Engineers Profes- 5,000,000 Aggregate
sional&Pollution 11 100,000 Ded.Each Claim
DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(ACORD 101.Additional Remarks Schedule,may be attached If mare apace Is required)
Project: Phase 1C Water Treatment Plant Expansion and Phase 2 Land Rights and Stakeholder Coordination
Additional Insured endorsement for General Liability,Auto Liability&Umbrella Liability attached.
Waiver of Subrogation endorsement for General Liability,Auto Liability&Workers'Compensation attached.
30 Day Notice of Cancellation endorsement for General Liability,Auto Liability,Umbrella Liability&
Workers'Compensation policies attached.
(See Attached Descriptions)
CERTIFICATE HOLDER CANCELLATION
ANY OF THEBEFORE
BCRUA General Manager THEULD EXPIRATION DATE VTHEREOF.E NOTICEI WILL ES CBE CD LIVERED N
221 East Main Street ACCORDANCE WITH THE POLICY PROVISIONS.
Round Rock,TX 78664
AUTHORIZED REPRESENTATIVE
CORD CORPORATION.All rights reserved.
ACORD 25(2014101) 1 of 2 The ACORD name and logo are registered marks of ACORD
L04TEOL EOL