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BCRUA_R-18-02-28-7C RESOLUTION NO. R-18-02-28-7C WHEREAS, the Brushy Creek Regional Utility Authority, Inc. ("BCRUA") has previously entered into a Contract for Engineering Services ("Contract") with Walker Partners for the BCRUA Zebra Mussel Control— Pre-Design Phase Project, and WHEREAS, Walker Partners has submitted Supplemental Contract No. 1 to the Contract to modify the provisions for the scope of services, and WHEREAS, the BCRUA desires to enter into said Supplemental Contract No. 1, Now Therefore BE IT RESOLVED BY THE BRUSHY CREEK REGIONAL UTILITY AUTHORITY, That, subject to the approval of the Participating Cities, the Board President is hereby authorized and directed to execute on behalf of the BCRUA Supplemental Contract No. 1 with Walker Partners, a copy of same being attached hereto as Exhibit"A"and incorporated herein for all purposes. The Board hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 28th day of Februa FRANK LEFFINGWELL, President Brushy Creek Regional Utility Authority ATTEST- C__ TEPHFN THOMAS, Secretary Z WRUA49oard PackelslPackcl Documcnts120111102.211 2011117C Res BCRUA-SC N 1 w-Watka Padners for Zebra Mussel Control-Pre Desrgn Phase(00396299aA011F11)doc " R SHY REEK REGIONAL UTILITY AUTHORITY A Fatt..t.hip .I C.d.. h.•L 4..rdii *-4 A0--A A-Is SUPPLEMENTAL CONTRACT NO. 1 TO CONTRACT FOR ENGINEERING SERVICES FIRM: WALKER PARTNERS ("Engineer") ADDRESS: 804 Las Cimas Parkway,Suite 150 Austin TX 78746 PROJECT: Zebra Mussel Control—Pre-Design Phase This Supplemental Contract No. 1 to Contract for Engineering Services is made by and between the BRUSHY CREEK REGIONAL UTILITY AUTHORITY, INC., hereinafter called "BCRUA" and Walker Partners, hereinafter called the "Engineer". WHEREAS, BCRUA and Engineer executed a Contract for Engineering Services, hereinafter called the "Contract", on the 15th day of November, 2017 for the Zebra Mussel Control — Pre-Design Phase Project in the amount of$48,500.00; and WHEREAS, it has become necessary to amend the Contract to modify the provisions for the scope of services and to increase the compensation by$158,887.00 to a total of$207,387.00; and NOW THEREFORE, premises considered, BCRUA and the Engineer agree that said Contract is amended as follows: 1. Article 2. Engineering Services and Exhibit B, Engineering Services shall be amended as set forth in the attached Addendum To Exhibit B. Exhibit C, Work Schedule shall be amended as set forth in the attached Addendum To Exhibit C. [I. Article 4, Compensation and Exhibit D, Fee Schedule shall be amended by increasing by $158,887.00 the lump sum amount payable under the Contract for a total of $207,387.00, as shown by the attached Addendum to Exhibit D. IN WITNESS WHEREOF, BCRUA and the Engineer have executed this Supplemental Contract in duplicate. Supplemental Contract Rev.03.2011 0140.4634-41;00396273 215829 WALKER PARTNERS By: Date BRUSHY CREEK REGIONAL UTILITY AUTHORITY,INC. By: Frank Leffingivell,President Date APPROVED AS TO FORM: By: Stephan L. Sheets,BCRUA Attorney Supplemental Contract Rev.03?20 t 1 0140.463441;00396273 215829 ADDENDUM TO EXHIBIT B ENGINEERING SERVICES GENERAL The purposes of Supplemental Amendment No. 1 are os follows: ■ Complete final design of a sodium permanganate delivery located outside between Backwash Holding Tank No. 1 and the detention pond ■ Perform bid phase services assuming the Work is bid as a stand-alone Project. ■ Perform construction phase services exclusive of construction observation. BASIC SCOPE OF SERVICES Insert Task 1.3 Final Engineering as follows: 1.3 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. 1.3.1 90 Percent Design 1.3.1.1 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. 1.3.1.2 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. 1.3.1.3 Prepare a 90 percent design opinion of probable construction costs. 1.3.1.4 Submit 90 percent design documents to OWNER for review. Incorporate OWNER comments into subsequent submittals and provide written responses to review comments. 1.3.2 Final Bidding Documents 1.3.2.1 Prepare and furnish final drawings and specifications with incorporated compliance comments and OWNER signatures. 1.3.2.2 Prepare an opinion of probable construction costs based on the final documents. Task 1.3 Final Engineering Deliverables ■ 90 Percent Submittal(Drawings, Specifications, Opinion of Probable Construction Casts) ■ Final Bidding Documents(Drawings and Project Manual) ■ Final Opinion of Probable Construction Cost 2/22/2018 @)WkerNrmers engineers + surveyors Insert Task 1.4 Bid Phase Services as follows: 1.4 Bidding Phase. Assist OWNER in advertising, obtaining, and evaluating proposals for the Work. The Bidding Phase will be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective contractors. 1.4.1 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, and receive and process contractor deposits or charges for the Bidding Documents. OWNER shall pay for advertisement of the Work. 1.4.2 Issue Addenda as appropriate to clarify,correct, or change the Bidding Documents. 1.4.3 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. 1.4.4 Provide information or assistance needed by OWNER in the course of any negotiations with prospective contractors. 1.4.5 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 included in this effort. 1.4.6 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. 1.4.7 Prepare conformed bidding documents. Incorporate addenda modifications into the drawings and specifications. Task 1.4 Bidding Phase Deliverables ■ Addenda as required ■ Pre-bid Conference Agenda and Meeting Minutes ■ Award Recommendation Letter ■ Conformed construction drawings and specifications Insert Task 1.5 Construction Phase Services as follows: 1.5 Construction Phase. Assist OWNER in construction contract administration upon execution of the construction Contract by Owner. 1.5.1 General Administration of Construction Contract. Consult with OWNER and act as OWNER'S representative as provided in the General Conditions.The extent and limitations of the duties, responsibilities, and authority of ENGINEER as assigned in the General Conditions shall not be modified, except as ENGINEER may 21221201$ @r r erS engineers * surveyors otherwise agree in writing. All of OWNER'S instructions to Contractor will be issued through ENGINEER,which shall have authority to act on behalf of OWNER in dealings with Contractor to the extent provided in this Agreement and the General Conditions except as otherwise provided in writing. 1.5.2 Selecting Independent Testing Laboratory. No independent testing laboratory activities are anticipated or included. 1.5.3 Pre-Construction Conference. Participate in a Pre-Construction Conference prior to commencement of Work at the Site. 1.5.4 Schedules. Receive, review, and determine the acceptability of any and all schedules that Contractor is required to submit to ENGINEER, including the Progress Schedule, Schedule of Submittals, and Schedule of Values. 1.5.5 Baselines and Benchmarks. Assist OWNER in establishing baselines and benchmarks for locating the Work which in ENGINEER'S judgment are necessary to enable Contractor to proceed. 1.5.6 Visits to Site and Observation of Construction. In connection with observations of Contractor's Work while it is in progress: 1.5.6.1 Make visits to the Site to observe as an experienced and qualified design professional the progress and quality of Contractor's executed Work. ENGINEER shall make two visits to the site during construction exclusive of a preconstruction conference. Such visits and observations by ENGINEER, and the Resident Project Representative, if any, are not intended to be exhaustive or to extend to every aspect of Contractor's Work in progress or to involve detailed inspections of Contractor's Work in progress beyond the responsibilities specifically assigned to ENGINEER in this Agreement and the Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on ENGINEER'S exercise of professional judgment as assisted by the Resident Project Representative, if any. Based on information obtained during such visits and observations, ENGINEER will determine in general if the Work is proceeding in accordance with the Contract Documents, and ENGINEER shall keep OWNER informed of the progress of the Work. 1.5.6.2 The purpose of ENGINEER'S visits to, and representation by the Resident Project Representative, if any, at the Site, will be to enable ENGINEER to better carry out the duties and responsibilities assigned to and undertaken by ENGINEER during the Construction Phase, and, in addition, by the exercise of ENGINEER'S efforts as an experienced and qualified design professional, to provide for OWNER a greater degree of confidence that the completed Work will conform in general to the Contract Documents and that Contractor has implemented and maintained the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. 2/22/2018 @,Eengerdl tners inePartners * surveyors ENGINEER shall not, during such visits or as a result of such observations of Contractor's Work in progress, supervise, direct, or have control over Contractor's Work, nor shall ENGINEER have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by Contractor, for security or safety on the Site,for safety precautions and programs incident to Contractor's Work, nor for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's furnishing and performing the Work. Accordingly, ENGINEER neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform the Work in accordance with the Contract Documents. 1.5.7 Defective Work. ENGINEER will have the authority to reject Contractor's Work while it is in progress if, on the basis of ENGINEER'S observations, ENGINEER believes that such Work will not produce a completed Project that conforms generally to the Contract Documents or that it will threaten the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. However, neither ENGINEER'S authority to reject Work nor ENGINEER'S decision to exercise or not exercise such authority shall give rise to a duty or responsibility of the ENGINEER to Contractors, Subcontractors, material and equipment suppliers, their agents or employees, or any other person(s) or entities performing any of the Work, including but not limited to any duty or responsibility for Contractors' or Subcontractors' safety precautions and programs incident to the Work. 1.5.8 Clarifications and Interpretations;Field Orders. Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of Contractor's work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. ENGINEER may issue Field Orders authorizing minor variations in the Work from the requirements of the Contract Documents. 1.5.9 Change Orders and Work Change Directives. Recommend Change Orders and Work Change Directives to OWNER, as appropriate, and prepare Change Orders and Work Change Directives as required. 1.5.10 Shap Drawings and Samples. Shop drawing review and approval activities are not anticipated or included. 1.5.11 Substitutes and "or-equal." Evaluate and determine the acceptability of substitute or"or-equal" materials and equipment proposed by Contractor. 1.5.12 Inspections and Tests. Require such special inspections or tests of Contractor's work as deemed reasonably necessary, and receive and review all certificates of inspections, tests, and approvals required by Laws and Regulations or the Contract Documents. ENGINEER'S review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or 2l22/201 8 (DIE Partners engineers * surveyors procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. ENGINEER shall be entitled to rely on the results of such tests. 1.5.13 Change Proposals and Claims: Review and respond to Change Proposals. Review each duly submitted Change Proposal from Contractor and, within 30 days after receipt of the Contractor's supporting data, either deny the Change Proposal in whole, approve it in whole, or deny it in part and approve it in part. Such actions shall be in writing, with a copy provided to OWNER and Contractor. If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then ENGINEER will notify the parties that the ENGINEER will not resolve the Change Proposal. Provide information or data to OWNER regarding engineering or technical matters pertaining to Claims. 1.5.14 Disagreements between OWNER and Contractor. Render formal written decisions on all duly submitted issues relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents pertaining to the execution, performance, or progress of Contractor's Work; review each duly submitted Claim by OWNER or Contractor, and in writing either deny such Claim in whole or in part, approve such Claim, or decline to resolve such Claim if ENGINEER in its discretion concludes that to do so would be inappropriate. In tendering such decisions, ENGINEER shall be fair and not show partiality to OWNER or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. 1.5.15 Applications for Payment. Based on ENGINEER'S observations as an experienced and qualified design professional and on review of Application for Payment and accompanying supporting documentation: 1.5.15.1 Determine the amounts that ENGINEER recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute ENGINEER'S representation to OWNER, based on such observations and review, that, to the best of ENGINEER'S knowledge, information and belief, Contractor's Work has progressed to the point indicated, the quality of such Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER'S responsibility to observe Contractor's Work. In the case of unit price work, ENGINEER'S recommendations of payment will include final determinations of quantities and classifications of Contractor's Work (subject to any subsequent adjustments allowed by the Contract Documents). 2/22/2018 Omen 9 4in eer * Seers 1.5.15.2 By recommending any payment, ENGINEER shall not thereby be deemed to have represented that observations made by ENGINEER to check the quality or quantity of Contractor's Work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor's Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to ENGINEER in this Agreement and the Contract Documents. Neither ENGINEER'S review of Contractor's Work for the purposes of recommending payments nor ENGINEER'S recommendation of any payment including final payment will impose on ENGINEER responsibility to supervise, direct, or control Contractor's Work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor's compliance with Laws and Regulations applicable to Contractor's furnishing and performing the Work. It will also not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the Work in progress, materials, or equipment has passed to OWNER free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between OWNER and Contractor that might affect the amount that should be paid. 1.5.16 Contractor's Completion Documents. Receive, review, and transmit to OWNER maintenance and operating instructions, schedules,guarantees, bonds, certificates or other evidence of insurance required by the Contract Documents, certificates of inspection, tests and approvals, Shop Drawings, Samples and other data approved, and the annotated record documents which are to be assembled by Contractor in accordance with the Contract Documents to obtain final payment. 1.5.17 Substantial Completion. Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with OWNER and Contractor, conduct an inspection to determine if the Work is substantially complete. If after considering any objections of OWNER, ENGINEER considers the Work substantially complete, ENGINEER shall deliver a certificate of Substantial Completion to OWNER and Contractor. 1.5.18 Final!Notice of Acceptability of the Work. Conduct a final inspection to determine if the completed Work of Contractor is acceptable so that ENGINEER may recommend, in writing, final payment to Contractor.Accompanying the recommendation for final payment, ENGINEER shall also provide a notice that the Work is acceptable the best of ENGINEER'S knowledge, information, and belief and based on the extent of the services provided by ENGINEER under this Agreement. 1.5.19 Duration of Construction Phase. The Construction Phase will commence with the execution of the Construction Contract for the Project or any part thereof and will 2i2ziza�a y WAerSPartners terminate upon written recommendation by ENGINEER for final payment to Contractors. If the Project involves more than one prime contract, Construction Phase services may be rendered at different times in respect to the separate contracts. ENGINEER shall be entitled to an equitable increase in compensation if Construction Phase services are required after the original date for final completion of the Work as set forth in the construction Contract. 1.5.20 Limitotion of Responsibilities. ENGINEER shall not be responsible for the acts or omissions of any Contractor, or of any subcontractors, suppliers, or other individuals or entities performing or furnishing any of the Work. ENGINEER shall not be responsible for the failure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. Task 2.0-Additional Services Delete Task 2.1. 2/22/20 18 MeRgineerser Partners ADDENDUM TO EXHIBIT C WORK SCHEDULE Task Description Duration of Phase 1.3 Final Engineering Phase 3 months 1.4 Bidding Phase 1 month 1.5 Construction Phase b months 2/22/2018 0ien4gineerser *Partners ADDENDUM TO EXHIBIT D Fee Schedule Attached Behind This Page Supplemental Contract Rev.01:2011 0140.463441;00396273 215829 ADDENDUM TO EXHIBIT D COMPENSATION Total compensation for services under Supplemental Amendment No. 1 is estimated to be$158,887. Engineer's labor and fee summary is attached as Appendix 1. Total compensation for the Project shall be adjusted to$207,387. 2/22/2018 OlEenlker Partners ineers + surveyors Appendix 1 to Addendum to Exhibit O Brushy Creek Regional Utility Authority Zebra Mussel Control and Management Labor and Fee Summary Walker Partners Labor Classifications 4n4 Hours Subcansuhsnt Discipline Senior Senior Walker Walker Walker Costs Project Protect QAIQC Process Project Senior Admin Partners Partners Partners Total Rob Principal Manager Reviewer Engineer Engineer EIT Designer Support Total Hours Expenses Total Cost FM Fee TASK DESCRIPTION 1.1 Project Management,Coordination,and Meetings 1.1 1 Project Administration ._.._ 1 6 4 11 32.155 $5,151 17,586 1.3 Final Engineering 1.3.1 O Percenl Design 1.3,1.1 Construction Drawings to 90%Level 1 _ _ 2 4 12 40 52 111 $50 $19,465 __ $21500 _ 140.965 1.3.1.2 Specifications to 911%Level 1 4 12 40 57 $50 $11130 _ $12.413 _ _ 123.543_ 1.3.1.3 OPCC to 90%Level 1 2 2 8 _ 13 (2.050 $2.735 35,435 1.3.1.4 90%Submittal and Comment Recovery 1 4 4 9 $25 $1925 $5363 $7,286 1.3.2 Feral Bidding Documents 1.3.2.1 Final Drawings and Specifications 1 2 4 9 1B 30 61 $too $11.215 $1,220 314,435 1.3.2.2 Final OPCC 1 1 2 4 a 110 $1,725 $2.143 $3 068 1.4 Bidding Phase 1.4.1 Plan Hsuance and Pra-Bid Conrersnw 7 1 6 a 15 --iso S2$60 __ _ $2.5341 1.4.2 issue Addenda _ _ _ 4 _ _ 4_ a 16 $50 $2 310 $2.506 34.1136 1.4.3 Substitutions Evaluation _ 1 _ _ 1 $260 -— — $260 . 1,4.4 Negotiation 1 2 3 $790 -- - - $7110 1,4,5 Proposal Review 1— 4 4 9 $1620 31.620 1.4.5 Bid Tab and Recommendation _ 4 4 E $1360 $1.389 La.? Conformed Documants 2 a 4 14 3100 $2.140 1 92,771 34.911 1S Construction Phase 1 Pre-Construction Conference 14 2 1 ISO $1510 $1.510 2 Progress Meetings and Site Visits 2� 6 8 18 5250 $4,170 111,119 $5.2119 3 Shap Drawing and Submittal Reviews _ 6 _ 24 _ 32 $100 $4340 _ 55.270 $9.610 4 Pay Estmates _ 4 _.. _ 4 $1.040 31.040 5 RFIs,Change Orden.CPRS 2 a _ I6 26 $100 :5.340 $2.500 $7.840 6 Substantial and Final Completion Reviews 2 4 _ 8 14 $150 $3030 _ _ $1.533 34 563 7 Rewrd Drawing:, 2 _ a 10 1200 :1,920 ,$4.148 $6068" _ rSub Management Fee $3 600 $3 e-13 TOTTAL HOURS 3 24 15 101 140 24 103 34 447 M7 ALFEE $323 3!,240 61,123 626,230 $23,100 $2,180 NS,io0 $2,726 $1,335 $86,265 $72,822 f158,i1f7 ORIGINAL EXECUTED DOCUMENT TO FOLLOW... WWEBRUSHYCREEK REGIONAL UTILITY AUTHORITY r.*1.1, V CgM11 6's.4 L..a 0 r r. ..0 k...d *u.i SUPPLEMENTAL CONTRACT NO. 1 TO CONTRACT FOR ENGINEERING SERVICES FIRM: WALKER PARTNERS ("Engineer") ADDRESS: 804 Las_Cimas Parkway,Suite 150,Austin,TX 78_746 PROJECT: Zebra Mussel Control—Pre-Design Phase This Supplemental Contract No. 1 to Contract for Engineering Services is made by and between the BRUSHY CREEK REGIONAL UTILITY AUTHORITY, INC., hereinafter called "BCRUA"and Walker Partners, hereinafter called the "Engineer". WHEREAS, BCRUA and Engineer executed a Contract for Engineering Services, hereinafter called the "Contract", on the 15th day of November, 2017 for the Zebra Mussel Control — Pre-Design Phase Project in the amount of$48,500.00; and WHEREAS, it has become necessary to amend the Contract to modify the provisions for the scope of services and to increase the compensation by$158,887.00 to a total of$207,387.00; and NOW THEREFORE, premises considered, BCRUA and the Engineer agree that said Contract is amended as follows: I. Article 2. Engineering Services and Exhibit B. Engineering Services shall be amended as set forth in the attached Addendum To Exhibit B. Exhibit C, Work Schedule shall be amended as set forth in the attached Addendum To Exhibit C. II. Article 4, Compensation and Exhibit D, Fee Schedule shall be amended by increasing by $158,887.00 the lump sum amount payable under the Contract for a total of $207,387.00, as shown by the attached Addendum to Exhibit D. IN WITNESS WHEREOF, BCRUA and the Engineer have executed this Supplemental Contract in duplicate. Supplemental Contract Rev.03 2011 0140.4634-41;00396273 215829 BCPWP,_ 9,($-0222F7c WALKER PARTNERS By: Date B XLefffifingwell, K REGIONAL UTILITY AUTHORITY, INC. By: FraPresident 2Iz FIS? Date APPROVE A TO F RM: X By: Stephan . Sheets, CR A Attorney Supplemental Contract Rev.0312011 0140.4634-41;00396273 215829 ADDENDUM TO EXHIBIT B ENGINEERING SERVICES GENERAL The purposes of Supplemental Amendment No. 1 are os follows: ■ Complete final design of a sodium permanganate delivery located outside between Backwash Holding Tank No. 1 and the detention pond. ■ Perform bid phase services assuming the Work is bid as a stand-alone Project. ■ Perform construction phase services exclusive of construction observation. BASIC SCOPE OF SERVICES Insert Task 1.3 Final Engineering as follows: 1.3 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. 1.3.1 90 Percent Design 1.3.1.1 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. 1.3.1.2 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. 1.3.1.3 Prepare a 90 percent design opinion of probable construction costs. 1.3.1.4 Submit 90 percent design documents to OWNER for review. Incorporate OWNER comments into subsequent submittals and provide written responses to review comments. 1.3.2 Final Bidding Documents 1.3.2.1 Prepare and furnish final drawings and specifications with incorporated compliance comments and OWNER signatures. 1.3.2.2 Prepare an opinion of probable construction costs based on the final documents. Task 1.3 Final Engineering Deliverables ■ 90 Percent Submittal(Drawings, Specifications, Opinion of Probable Construction Costs) ■ Final Bidding Documents(Drawings and Project Manual) ■ Final Opinion of Probable Construction Cost 2/22/2018 Walker Partners u lerS engineers • surveyors Insert Task 1.4 Bid Phase Services as follows: 1.4 Bidding Phase. Assist OWNER in advertising,obtaining, and evaluating proposals for the Work. The Bidding Phase will be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective contractors. 1.4.1 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, and receive and process contractor deposits or charges for the Bidding Documents. OWNER shall pay for advertisement of the Work. 1.4.2 Issue Addenda as appropriate to clarify, correct, or change the Bidding Documents. 1.4.3 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. 1.4.4 Provide information or assistance needed by OWNER in the course of any negotiations with prospective contractors. 1.4.5 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 included in this effort. 1.4.6 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. 1.4.7 Prepare conformed bidding documents. Incorporate addenda modifications into the drawings and specifications. Task 1.4 Bidding Phase Deliverables ■ Addenda as required ■ Pre-bid Conference Agenda and Meeting Minutes ■ Award Recommendation Letter • Conformed construction drawings and specifications Insert Task 1.5 Construction Phase Services as follows: 1.5 Construction Phase. Assist OWNER in construction contract administration upon execution of the construction Contract by Owner. 1.5.1 General Administration of Construction Contract. Consult with OWNER and act as OWNER'S representative as provided in the General Conditions.The extent and limitations of the duties, responsibilities, and authority of ENGINEER as assigned in the General Conditions shall not be modified, except as ENGINEER may 212212018ers + surveyors y�,s Walker Partners engine otherwise agree in writing. All of OWNER'S instructions to Contractor will be issued through ENGINEER,which shall have authority to act on behalf of OWNER in dealings with Contractor to the extent provided in this Agreement and the General Conditions except as otherwise provided in writing. 1.5.2 Selecting Independent Testing Laboratory. No independent testing laboratory activities are anticipated or included. 1.5.3 Pre-Construction Conference. Participate in a Pre-Construction Conference prior to commencement of Work at the Site. 1.5.4 Schedules. Receive, review, and determine the acceptability of any and all schedules that Contractor is required to submit to ENGINEER, including the Progress Schedule, Schedule of Submittals, and Schedule of Values. 1.5.5 Baselines and Benchmarks. Assist OWNER in establishing baselines and benchmarks for locating the Work which in ENGINEER'S judgment are necessary to enable Contractor to proceed. 1.5.6 Visits to Site and Observation of Construction. In connection with observations of Contractor's Work while it is in progress: 1.5.6.1 Make visits to the Site to observe as an experienced and qualified design professional the progress and quality of Contractor's executed Work. ENGINEER shall make two visits to the site during construction exclusive of a preconstruction conference. Such visits and observations by ENGINEER, and the Resident Project Representative, if any, are not intended to be exhaustive or to extend to every aspect of Contractor's Work in progress or to involve detailed inspections of Contractor's Work in progress beyond the responsibilities specifically assigned to ENGINEER in this Agreement and the Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on ENGINEER'S exercise of professional judgment as assisted by the Resident Project Representative, if any. Based on information obtained during such visits and observations, ENGINEER will determine in general if the Work is proceeding in accordance with the Contract Documents, and ENGINEER shall keep OWNER informed of the progress of the Work. 1.5.6.2 The purpose of ENGINEER'S visits to, and representation by the Resident Project Representative, if any, at the Site, will be to enable ENGINEER to better carry out the duties and responsibilities assigned to and undertaken by ENGINEER during the Construction Phase, and, in addition, by the exercise of ENGINEER'S efforts as an experienced and qualified design professional, to provide for OWNER a greater degree of confidence that the completed Work will conform in general to the Contract Documents and that Contractor has implemented and maintained the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. 21221201$ ers + surveyors @1eker Partners ngine ENGINEER shall not, during such visits or as a result of such observations of Contractor's Work in progress, supervise, direct, or have control over Contractor's Work, nor shall ENGINEER have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by Contractor, for security or safety on the Site, for safety precautions and programs incident to Contractor's Work, nor for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's furnishing and performing the Work. Accordingly, ENGINEER neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform the Work in accordance with the Contract Documents. 1.5.7 Defective Work. ENGINEER will have the authority to reject Contractor's Work while it is in progress if, on the basis of ENGINEER'S observations, ENGINEER believes that such Work will not produce a completed Project that conforms generally to the Contract Documents or that it will threaten the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. However, neither ENGINEER'S authority to reject Work nor ENGINEER'S decision to exercise or not exercise such authority shall give rise to a duty or responsibility of the ENGINEER to Contractors, Subcontractors, material and equipment suppliers, their agents or employees, or any other person(s) or entities performing any of the Work, including but not limited to any duty or responsibility for Contractors' or Subcontractors' safety precautions and programs incident to the Work. 1.5.8 Clarifications and Interpretations;Field Orders. Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of Contractor's work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. ENGINEER may issue Field Orders authorizing minor variations in the Work from the requirements of the Contract Documents. 1.5.9 Change Orders and Work Change Directives. Recommend Change Orders and Work Change Directives to OWNER, as appropriate, and prepare Change Orders and Work Change Directives as required. 1.5.10 Shop Drawings and Samples. Shop drawing review and approval activities are not anticipated or included. 1.5.11 Substitutes and "or-equal." Evaluate and determine the acceptability of substitute or"or-equal" materials and equipment proposed by Contractor. 1.5.12 Inspections and Tests. Require such special inspections or tests of Contractor's work as deemed reasonably necessary, and receive and review all certificates of inspections, tests, and approvals required by Laws and Regulations or the Contract Documents. ENGINEER'S review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or 212212018yam,,= Men4gineerPutners ers + surveyors procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. ENGINEER shall be entitled to rely on the results of such tests. 1.5.13 Change Proposals and Claims: Review and respond to Change Proposals. Review each duly submitted Change Proposal from Contractor and, within 30 days after receipt of the Contractor's supporting data, either deny the Change Proposal in whole, approve it in whole, or deny it in part and approve it in part. Such actions shall be in writing, with a copy provided to OWNER and Contractor. If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then ENGINEER will notify the parties that the ENGINEER will not resolve the Change Proposal. Provide information or data to OWNER regarding engineering or technical matters pertaining to Claims. 1.5.14 Disagreements between OWNER and Contractor. Render formal written decisions on all duly submitted issues relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents pertaining to the execution, performance, or progress of Contractor's Work; review each duly submitted Claim by OWNER or Contractor, and in writing either deny such Claim in whole or in part, approve such Claim, or decline to resolve such Claim if ENGINEER in its discretion concludes that to do so would be inappropriate. In rendering such decisions, ENGINEER shall be fair and not show partiality to OWNER or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. 1.5.15 Applications for Payment. Based on ENGINEER'S observations as an experienced and qualified design professional and on review of Application for Payment and accompanying supporting documentation: 1.5.15.1 Determine the amounts that ENGINEER recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute ENGINEER'S representation to OWNER, based on such observations and review, that, to the best of ENGINEER'S knowledge, information and belief, Contractor's Work has progressed to the point indicated, the quality of such Work is generally in accordance with the Contract Documents(subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER'S responsibility to observe Contractor's Work. In the case of unit price work, ENGINEER'S recommendations of payment will include final determinations of quantities and classifications of Contractor's Work (subject to any subsequent adjustments allowed by the Contract Documents). 2/22/2018 O'Eaer Partnersineers * surveyors 1.5.15.2 By recommending any payment, ENGINEER shall not thereby be deemed to have represented that observations made by ENGINEER to check the quality or quantity of Contractor's Work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor's Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to ENGINEER in this Agreement and the Contract Documents. Neither ENGINEER'S review of Contractor's Work for the purposes of recommending payments nor ENGINEER'S recommendation of any payment including final payment will impose on ENGINEER responsibility to supervise, direct,or control Contractor's Work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor's compliance with Laws and Regulations applicable to Contractor's furnishing and performing the Work. It will also not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the Work in progress, materials, or equipment has passed to OWNER free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between OWNER and Contractor that might affect the amount that should be paid. 1.5.16 Contractor's Completion Documents. Receive, review, and transmit to OWNER maintenance and operating instructions, schedules,guarantees, bonds, certificates or other evidence of insurance required by the Contract Documents, certificates of inspection, tests and approvals, Shop Drawings, Samples and other data approved, and the annotated record documents which are to be assembled by Contractor in accordance with the Contract Documents to obtain final payment. 1.5.17 Substantial Completion. Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with OWNER and Contractor, conduct an inspection to determine if the Work is substantially complete. If after considering any objections of OWNER, ENGINEER considers the Work substantially complete, ENGINEER shall deliver a certificate of Substantial Completion to OWNER and Contractor. 1.5.18 Final Notice of Acceptability of the Work. Conduct a final inspection to determine if the completed Work of Contractor is acceptable so that ENGINEER may recommend, in writing, final payment to Contractor.Accompanying the recommendation for final payment, ENGINEER shall also provide a notice that the Work is acceptable the best of ENGINEER'S knowledge, information, and belief and based on the extent of the services provided by ENGINEER under this Agreement. 1.5.19 Duration of Construction Phase. The Construction Phase will commence with the execution of the Construction Contract for the Project or any part thereof and will 2/22/2018 O'Eaer Partners ineers • surveyors terminate upon written recommendation by ENGINEER for final payment to Contractors. If the Project involves more than one prime contract, Construction Phase services may be rendered at different times in respect to the separate contracts. ENGINEER shall be entitled to an equitable increase in compensation if Construction Phase services are required after the original date for final completion of the Work as set forth in the construction Contract. 1.5.20 Limitation of Responsibilities. ENGINEER shall not be responsible for the acts or omissions of any Contractor, or of any subcontractors, suppliers, or other individuals or entities performing or furnishing any of the Work. ENGINEER shall not be responsible for the failure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. Task 2.0-Additional Services Delete Task 2.1. Zi2212o a @mAer Partners engineers + surveyors ADDENDUM TO EXHIBIT C WORK SCHEDULE Task Description Duration of Phase 1.3 Final Engineering Phase 3 months 1.4 Bidding Phase 1 month 1.5 Construction Phase 6 months zizzizo a y Walker Partners engineers * surveyors ADDENDUM TO EXHIBIT D Fee Schedule Attached Behind This Page Supplemental Contract Rev.03:2011 0140.4634-41;00396273 215829 ADDENDUM TO EXHIBIT D COMPENSATION Total compensation for services under Supplemental Amendment No. 1 is estimated to be$158,887. Engineer's labor and fee summary is attached as Appendix 1. Total compensation for the Project shall be adjusted to$207,387. 2122/2018 Wall er Partners engineers * surveyors Appendix 1 to Addendum to Exhibit 0 Brushy Creek Regional utility Authority Zebra Mussel Control and Management Labor and Fee Summary Walker Partners Labor Glassirications and Hours Subconsuhant Discipline Senior Senior Walker Walker Walker Costs Project Project DA10C Proeess Project Senior Admin Partners Partners partners Total Role Principal Manager Reviewer Engineer Engineer EIT Designer Support Total Hours Expenses Total Cost FM Fee TASK DESCRIPTION _ 1.1 Project Management,Coordination,and Meetings 1.1.1 PmieciAdainistrition 1 6 4 11 (2,155 35,351 $7,506 1.3 Final Engineering 1.3.1 90 Percent Oesign 1.3.11 Construction Draw#rgsto90%Level I 2 1 12 40 52 111 $50 $19465 521,500 $40,965 _ 1.3.12 Spedficaecns 10 90%Level i1 _4T 12 40 57 $50 Sit, 0 512;413 ;23,543 1.3.1.3 OPCC to 90%Level 1 2 i2 813 52.650 $2,755 55.475 1.3.1.4 90%Submittal and Comment Recovery 1 1 4 9 $25 31,925 $5 363 ;7,268 3.32 Final flddatg Documents 1.32.1 Final Drawings and Specifications 1 2 4 a 16 30 61 $100 911,215 $3,220 $14,435 1.3.2.2 FnalOPCC 1 1 2 1 1 5 9to 1 $1725 $7143 $3666 1.4 Blddktg Phase 1.1.1 Plan Issuance and Pre-Bid Conference 1 6 S 15 5100 _S2,560 $2.560 1,1,2 Issue Addenda 1 4 6 16 550 52,330_ 92,506 $4,536 1.4.3 Substitutions Evaluation _ 1 I _$260 $260 1.4.4 Negotiation 1 2 3 $7110 3760 1.4.5 Proposal Review 1 4 - - 4 9 $1,620 $1.820 1.4.6 Bid Tab and Recormrerrdation 4 4 6 $1,36031,360 1.4.7 Confom»d Documents 2 a 4 14 $100 $2140 92771 54,917 1.5 Construction Phase 1 Pro-Construction Conference 1 4 _ 2_ 7 $50 __$1.510 _ ___ 51 510 2 Progress Meetings and Sat Visits 2 a 6 l8 $250 $4,170 _$16-9--- $5.289 3 Shap Drawing and Submlaalrievievrs a 24 32 $100 $41:340 ;5.270 $9610 4 Pay Estinates 4 _ 4.- ._ _--$1.040 -- -31 040 5 Rfis.Change Orden.CPRs 2 6 t6 26 5100 S5,340 92,600 $7,810 _ 6 Substantial and Final Completion Renews 2 4 6 T 14 9150_$3,030 _91,633 1 _ $4563__ 7 Record Drawings 2 6 10 5200 _$1,920 $4,148 56068 Sub Management Fee 1 52.600 53.600 TOTAL NO" 3 24 1s 151 140 U 105 34 417 447 TOTALFEE 5623 55,240 ;4,126 338,260 923,100 52,140 1 515.900 62.720 $1,335 $46.2$5 $7-,622 f15q,i27 DATE: February 23, 2018 SUBJECT: BCRUA Board Meeting—February 28, 2018 ITEM: 7C. Consider a resolution authorizing the President to execute a Supplemental Agreement No. 1 with Walker Partners for tate Zebra Mussel Control Project PRESENTER: Tom Gallier,General Manager BACKGROUND: The Board approved a contract authorizing pre-design of a joint Zebra Mussel Control Project last November. Since that time,Walker has completed the pre-design phase.The only significant change from the original plan has been to abandon the use of an existing vacant dry chemical storage building on the Cedar Park Water Treatment Plant site,and instead construct a separate covered structure to contain tanks, pumps and control/electrical equipment at the Cedar Park WTP. Staff has also worked with Walker to explore the potential use of remaining Phase 1A TWDB loan funds as a funding source. We met with TWDB finance and legal staff recently,and unfortunately it appears that the use of Phase 1A savings would add an unacceptable delay in processing final plans through both TCEQ and TWDB reviews in sequence.As a result,staff now recommends that all three BCRUA member cities cash fund the project. As I outlined last November,this system will be designed to chemically pre-treat a total of 70.5 MGD of raw water from three separate water treatment plant floating intakes.The breakout is as follows: City of Leander WTP intake at 12.0 MGD(17.02%) City of Cedar Park WTP intake at 26.0 MGD (36.88%) BCRUA Post Phase 1C Expansion WTP intake at 32.5 MGD(46.10%)* (Note: BCRUA's post Phase 1C capacity is an estimate,as TCEQ is still reviewing our Phase 1B capacity rerate request. BCRUA's final post Phase 1C capacity could change slightly, up or down,which would change the percentage capacity ownerships accordingly.) As previously discussed, I have recommended that the breakdown of the BCRUA share should use the original Phase 1A Raw Water Intake construction ownership distribution as follows: Cedar Park= 28.80% Leander = 45.31% Round Rock=25.89% Combining both sets of percentages leaves us with a total project cost distribution as follows: Cedar Park = 50.2% Leander = 37.9% Round Rock= 11.9% ITEM 7C-Continued Based on Walker's Pre-Design,the total project budget breaks out as follows: Pre-Design $ 48,500 Final Design/Bid Phase/Construction Contract Administration $ 158,887 Construction Observation $ 32,000 Construction $1,010,000 Contingency $ 100,000 TOTAL PROJECT BUDGET $1,349,387 Applying the combined ownership percentages outlined earlier,the cost breakout per city is as follows: Cedar Park = $ 677,392(50.2%) Leander = $ 511,418(37.9%) Round Rock= $ 160,511(11.9%) TOTAL = $1,349,387(100.0%) The project schedule moving forward is anticipated as follows: Final Engineering Design 3 months March-June/July 2018 Bidding Phase 1 month July/August 2018 Construction Phase 6 months August-Jan/Feb 2019 While the resolution before you is the approval of 5upplemental Agreement##1 for$158,887, 1 thought it was important for the Board to see and understand the entire scope of this project,as it stands. It is also important to understand that a final funding agreement needs to be worked out collaboratively with all three city operational,finance and legal representatives. It will be necessary next month to bring forward that plan for Board consideration.The financing plan will also require agreement from all three cities before payment can begin to Walker.This was clearly explained to Walker, but given the critical and time sensitive nature of this project,Walker has agreed to accept this risk. FUNDING: I would recommend that we proceed with a two-step process,funding project Pre-Design ($48,500)and Final Design/Bid Phase/Construction Administration($158,887) as Part 1 of the ultimate funding plan (March, 2018), and then funding Construction Observation, Construction and Contingency($1,142,000)as Part 2 of the ultimate funding plan (July/August, 2018). My reason for this is that currently all three cities have a "true-up" balance of approximately$350,000 that the city financial representatives and I had anticipated settling at the close of this fiscal year(September 30, 2018). We may be able to allocate the Part 1 funding($48,500+$158,887=$207,387)from this available"true-up" balance in the budget,without any of the three cities having to allocate additional funds at this time.Whether this will require amending BCRUA's current fiscal year budget has not yet been determined, but we will have this resolved by next month's Board Meeting.