BCRUA_R-18-11-28-6C RESOLUTION NO. R-18-11-28-6C
WHEREAS, the Brushy Creek Regional Utility Authority, Inc. ("BCRUA") desires to retain
engineering services for the BCRUA Phase 2 Raw Water Delivery System Project; and
WHEREAS, Walker Partners/Freese and Nichols Joint Venture has submitted a Contract for
Engineering Services to provide said services; and
WHEREAS, the BCRUA desires to enter into said contract with Walker Partners/Freese and
Nichols Joint Venture,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/Freese and Nichols Joint Venture for the
BCRUA Phase 2 Raw Water Delivery System 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 28th day of November, 2018.
ANDREA NAVAR TTE, President
Brushy Creek Regional Utility Authority
ATTEST:
iffN—t FLORES, Sec ry
Z:ViCRUAIOoard PacketsTackel Oomments1201811 128 2018Vtes.OCRUA- •LSC w.Walker Pagners-BCRUA Phase 2 Deep Water Intake Project(00413352xA08F8)doc
DATE: November 21,2018
SUBJECT: BCRUA Board Meeting—November 28, 2018
ITEM: 6C. Consider a resolution authorizing the President to execute a Contract for
Engineering Services for BCRUA Phase 2 Raw Water Delivery System with Walker
Partners/Freese and Nichols Joint Venture.
PRESENTER: Karen Bondy,General Manager
BACKGROUND/JUSTIFICATION:
Staff,along with the Operations Committee, have completed negotiations with Walker Partners/Freese and
Nichols Joint Venture,as authorized by the Board on June 27,2018 and reached agreement on the attached
Scope of Work and Professional Engineering Services Agreement for the Phase 2 Deep Water Intake Final Design
Project.
The total compensation for the Engineering Services is$13,621,795.00,consisting of two forms of payment.
Engineering Services payable on a Lump Sum basis total$12,518,037.00 and include overall project
management,design, bidding,agency and stakeholder coordination,and special services.This phase will be paid
as a lump-sum, based on the engineer's estimate of the percentage of the total services actually completed
during the billing period for each task described in the contract.
Geotechnical Investigation is payable on a Time and Materials basis with a maximum amount payable of
$1,103,758.00 and includes borings,testing, analysis and recommendations.The amounts billed will be based on
the cumulative hours charged to the project during the billing period by each class of the engineer's employees
at standard hourly rates,plus reimbursable expenses and charges by engineer's consultants.
Bid and construction phase services will be addressed separately,once construction has been approved to
proceed.
FUNDING:
The total amount payable under this contract,without an approved modification,is$1.3,621,795.00. Funding for
this contract for the City of Round Rock's portion will use Phase 1A project savings.The City of Leander's and the
City of Cedar Park's portions will use BCRUA's 2018 SWIFT Loan bonds.This contract exceeds the Board
maximum limit of$500,000, and will therefore require separate consideration and approval by all three-
member city councils, before final authorization to proceed can be issued.
Staff and the Operations Committee (OC) recommend the contract for approval, and will be available,along with
representatives of Walker Partners- Freese and Nichols Joint Venture to answer any questions during the
meeting.
CERTIFICATE OF INTERESTED PARTIES FORM 1295
loll
Complete Nos.l-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,S.and 6 if there are no interested parties. CERTIFICATION OF FILING
I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2018-425537
Walker Partners, LLC
Austin,TX United States nate Filed:
2 Name of governmental entity or state agency that Is a party to the contract for which the form is 11/14/2018
being filed.
Brushy Creek Regional Utility Authority Date Acknowledged:
3 Provide the identification number used by the governmentat entity or state agency to track or identity the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
3-00670
Professional engineering and surveying services in connection with the BCRUA Regional Water Treatment and Distribution Project
Phase 2
4
Nature of interest
Name of Interested Party City,state,Country(place of business) (check applicable)
Controlling Intermediary
Walker,Jr.,George Waco,TX United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is George E.Walker.Jr. and my dale of birth 1s 12/26/1950
My address is 823 Washinelon Avenue,Suite 100 Waco_ TX 76701 us
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in_ hlet ennan County. State of Texas on the 14th day of November ,2018
(month) (year)
Signature of a or,zed agent of contracting businp9s entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
loll
Complete Nos.l-4 and 5 it there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2018-425537
Walker Partners,LLC
Austin,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form Is1111412018
being filed.
Brushy Creek Regional Utility Authority Date Acknowledged:
11/20/2018
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
3-00670
Professional engineering and surveying services in connection with the SCRUA Regional Water Treatment and Distribution Project
Phase 2
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Walker,Jr.,George Waco,TX United States X
5 Check only if there Is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is and my dale of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of 20
(month) (year
Signature of authorized agent of contracting business entity
fgskrsrant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2018-426320
Freese and Nichols, Inc.
Fort Worth,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is11/1612018
being filed.
Brushy Creek Regional Utility Authority Date Acknowledged:
11/1912018
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
Phase 2 Raw Water Delivery Sys
Professional Engineering Services for the Phase 2 Raw Water Delivery System
Nature of interest
4 Name of Interested Party Ci ty,State,Count ry(place of business) (check applicable)
Controlling Intermediary
Pence,Robert Fort Worth,TX United States X
Coltharp,Brian Fort Worth,TX United States X
Gooch,Tom Fort Worth,TX United States X
Milrany,Cindy Fort worth,TX United States X
Nichols, Mike Fort Worth,TX United States X
Cole,Scott Fort Worth,TX United States X
Johnson, Kevin Dallas,TX United States X
Wolfhope,John Austin,TX United States X
Taylor,Jeff Houston,TX United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is ,
(street) (city) (state) (z p code) ountry
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of 20
(month) (year
Signature of authorized agent of contract ng business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1of1
Complete Nos 1-4 and 6 if there are Interested parties. OFFICE USE ONLY
Complete Nos 1,2,3,5,and 6 If there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's piste Cenificate Number.
of business.
2018-426320
Freese and Nichols,Inc.
Fort Worth,TX United States Date Flied:
2 Name o I g o ve rin m en tal ertt I ty or state agency that 19 a party to a contract for,-h ch t Fe-1,r,is 11/16/2018
being flied.
Brushy Creek Regional Utility Authority Dale Acknowledged:
3 Provide the Identification number used by the governmental entity or state agency to track or Identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
Phase 2 Raw Water Delivery Sys
Professional Engineering Services for the Phase 2 Raw Water Delivery System
4 Nature of interest
Name of Interested Party City,Stale,Country(place of business) (check applicable)
Controlling Intermediary
Pence,Robert Fort Worth,TX United States X
, 7
Coltharp,Brian Fort Worth,TX United States X
Gooch,Tom Fort Worth.TX United States X
Milrany,Cindy Fort Worth,TX United States X
Nichols,Mike Fort Worth,TX United States X
Cole,Scott Fort Worth,TX United States X
Johnson,Kevin Dallas,TX United States X
Walfhope,John Austin,TX United Stales X
Taylor,Jeff Houston,TX United States X
5 Check only if there is NO Interested Party. O
6 UNSWORN DECLARATION
My name is Kelly Shriver and my date of birth Is 1120/62
My address is 4055 jInti;matinnal Plena,Ste,200 Fort Worth TX X6109 _ USA
(ev'eq (may) (alis) (z]p We) (country)
I declare under penalty of perjury that the foregoing is true and correct
Euecuted in Tarrant _ Co400f on the 16th day of November .20(month) (Y-rtized agent of contracting business entity
{oedaant)
Forms provided by Texas Ethics Commission www ethics.slaKV.us Version V1,0,6711
ORIGINAL EXECUTED DOCUMENT
TO FOLLOW.. .
:e72BRUSHYCREEK
REGIONAL UTILITY AUTHORITY
A Partnership of C.dar hark, Leanyar. rnd Rna,r 31o.6
BRUSHY CREEK REGIONAL UTILITY AUTHORITY
CONTRACT FOR ENGINEERING SERVICES
FIRM: WALKER PARTNERSIFREESE AND NICHOLS JOINT VENTURE ("Engineer")
ADDRESS: 804 Las Cim.as Parkway, Suite 150,Austin, TX 78746 .._
PROJECT: BCRUA Phase 2 Raw Water Delivery_System
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
ONTRA T FOR ENGINEERING SERVICES ("Contract") is made and entered into on
this the y of . 2018 by and between the BRUSHY CREEK REGIONAL UTILITY
AUTH TY, a Texas local government corporation, whose offices 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:
Wit-' - 2 i - -29- reG
ngineering Services Con act Rev.061I2
0140,463447;0041331 196074
1
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."
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 hee'shelit 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
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.
1)
(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 amounts shown below as full compensation
for the Engineering Services performed and to be performed under this Contract.
The total compensation for the Phase 2 Deep Water Intake Final Design Project shall be paid as
follows: (1) a Iump sum payment of Twelve Million Five Hundred Eighteen Thousand Thirty-Seven
and No/100 Dollars ($I2.518.037.00) for services set forth in Exhibit D, excluding Task 5.3.1 —
Geotechnical Investigation; and (2) an amount not-to-exceed One Million One Hundred Three Thousand
Seven Hundred Fi -Ei ht and No/100 Dollars $l.103.758.00 for time and materials services for Task
5.3.I —Geotechnical Investigation set forth in Exhibit D.
(1) Lump Sum:
The lump sum payable under this Contract, without modification of the Contract as provided
herein, is the sum of Twelve Million Five Hundred Eighteen Thousand Thirty-Seven and No/100
Dollars ($12.518.037.00) as shown in Exhibit D, excluding Task 5.3.1 — Geotechnical Investigation.
The Iump 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 in this Section (1) may be adjusted for additional Engineering Services
requested and performed only if approved by written Supplemental Contract.
(2) Time and Materials:
Engineer shall be paid on the basis of actual hours worked by employees performing work
associated with this Contract for Task 5.3.1 — Geotechnical Investigation, in accordance with the Fee
Schedule attached hereto as Exhibit D. The maximum amount payable under this Contract for time and
materials services is One Million One Hundred Three Thousand Seven Hundred Fifty-Eight and No/I00
Dollars ($1.103.758.00). 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.
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.
3
The maximum amount payable reference in this Section (2) may be adjusted for additional work
requested and performed only if approved by written Supplemental Agreement.
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 (30) 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 G
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
4
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.
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:
Karen Bondy
General Manager
221 E. Main Street
Round Rock, TX 78664
Cell Number(512) 688-0475
Work Number(512) 215-9151
Email Address kbondy@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.
Client Manager
804 Las Cimas Parkway, Suite 150
Austin, TX 78746
Telephone Number(512) 382-0021
Email Address aarcher(c�r�,walkerpartners.com
5
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
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.
6
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
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
7
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.
ARTICLE 15
PERSONNEL,EQUIPMENT 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.
8
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 Iess than thirty (30) days' written notice to Engineer.
(S) 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
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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.
In accordance with Chapter 2270, Texas Government Code, a governmental entity may not
enter into an Agreement with a company for goods or services unless the Agreement contains written
verification from the company that it: (l) does not boycott Israel; and (2) will not boycott Israel and
will not boycott Israel during the term of this Agreement. The signatory executing this Agreement on
behalf of Engineer verifies Engineer does not boycott Israel and will not boycott Israel during the term
of this Agreement.
(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 liabilities 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.
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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 subconsultant performing work under this Contract to maintain
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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 Iimits by endorsement a notice thereof shall be given to BCRUA
by certified mail to:
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.
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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.
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
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Engineer:
Aaron Archer, P.E.
Client Manager
804 Las Cimas Parkway, Suite 150
Austin, TX 78746
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
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 shall 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.
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(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
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.
B HY REEK RE IONAL UTILITY AUTHORITY 4APPED ASdreg Navarre ,President L. Sheets,BCRUA Attorney
ATTEST:
Re a Flores, BCR ecretary
WALKER PARTNERS/FREESE AND NICHOLS JOINT VENTURE
By:
ignature of Principal
Printed Name:
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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
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EXHIBIT A
BCRUA Services
Attached Behind This Page
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EXHIBIT A
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 shall provide a single set of
consolidated OWNER review comments on all deliverables.
B. Assist the ENGINEER in coordinating with cooperating jurisdictional and environmental permitting
agencies as needed and issue payment for required reviews, approvals, permits and mitigation.
C. Issue payment for participation in the Balcones Canyonland Conservation Plan and any other
environmental mitigation.
D. Issue payment for land acquisition costs, power service upgrades, and easements.
E. Participate in project meetings, workshops, and conferences as described in the scope of
services.
F. OWNER is responsible for posting meetings, notices and other technical materials on the OWNER
website. OWNER is also responsible for the public notice of meetings for which public notice is
required.
G. 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 shall 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.
H. 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.
I. Provide a location for storage of boring core boxes for the life of the project that is accessible to
ENGINEER for photographing and testing. Core boxes shall also be made available for a
contractor core show.
J. 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 Services.
K. 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.
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L. 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.
M. Provide reviews of all permits that may be necessary for completion of each phase of the
Project.
N. 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.
O. 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.
P. 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.
Q. 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 Phase 2 Project consists of a permanent raw water intake in a deep location on Lake Travis to
deliver water by gravity to a new high capacity pumping station located adjacent to the City of
Cedar Park Water Treatment Plant(WTP). The pumping station will convey water to the Phase 1
raw water pipeline on Trails End Road. Phase 2 includes multiple key elements that will result in the
construction of a Deep Water Intake System with an ultimate capacity of 144.7 million gallons per
day(MGD). These elements include an intake assembly, maintenance building, gravity flow tunnel,
pump station, transmission tunnel, and off-site improvements at the Cedar Park, Leander and
OWNER WTPs. Basic services for Phase 2 include final design, stakeholder coordination, permitting,
and public outreach. Phase 2 bidding and construction phase services and design of the Phase 1D
Water Treatment Plant(WTP) Expansion'shall be authorized by supplemental amendment to this
Agreement.
ASSUMPTIONS
ENGINEER'S assumptions apply to all tasks set forth in this Exhibit.
1) The Phase 2 Project shall be designed and bid as one construction contract. Phase 2 shall not
be divided into separate construction contracts. Approximately 470 design drawings are
anticipated for the Phase 2 Project.
2) Phase 2 shall include design of the project elements described in the Phase 2 Preliminary
Engineering Report, including but not limited to:
a. Multi-level screened intake with submerged connections to an intake tunnel.
b. 96-inch finished inside diameter intake tunnel connecting the screened intakes to the
pump station located 1.7 miles away.
c. On shore maintenance building and local roadway extension located near the intake on
a site previously acquired by OWNER. Maintenance facility will include a groundwater
well or wells for chemical feed systems, eyewash stations, and automatic building
sprinklers(if required), but not toilets or sanitary sewer service.
d. Pump station with two sets of pumps—one to serve the Cedar Park WTP and another to
serve the Owner and Leander WTPs.
e. 84-inch finished inside diameter tunneled transmission pipeline connecting the pump
station to the existing Phase 1 raw water pipeline along Trails End Road.
f. Improvements at the Cedar Park, Sandy Creek and OWNER WTPs to facilitate water
deliveries from the Project. Design shall also include general sizing and locating of the
row water head tanks at the OWNER WTP which shall be included under Phase 1D.
Phase 1 D consists of a WTP expansion from approximately 32.5 million gallons per day (MGD)to 42 MGD.
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g. Control and automation for the Phase 2 Project.
3) The design capacity of the Project and capacity allocation to each member city is defined in
the Phase 2 Preliminary Engineering Report. Revisions or adjustments to the capacity
allocation of a member city may impact the Project scope and schedule.
4) ENGINEER shall prepare the construction contracts as competitive sealed proposals utilizing
the City of Cedar Park Division 0 documents(proposal form, agreement general conditions,
and supplemental conditions) and CS!MasterFormat specifications(6-digit, 50 division).
5) SCADA integration shall be performed by OWNER's SCADA integrator as a bid allowance.
ENGINEER shall develop a control narrative and coordinate programming requirements with
the OWNER'S SCADA integrator far the Phase 2 Project.
6) The following services are not part of the Project and shall be completed under the Phase 1C
Water Treatment Plant Expansion and Phase 2 Land Rights Project executed on April 19,
2017.
a. Easement acquisition services including right-of-entry, real estate appraisals and land
plans, and negotiation.
b. Preparing supplemental updates to the Well Mapping, Monitoring, and Mitigation Plan,
including updates to the well mapping database, construction of new groundwater
monitoring wells, collection of groundwater well level and water quality information,
and modeling of groundwater impacts from construction of underground elements.
7) Improvements to the Pedernales Electric Cooperative (PEC)system must be completed to
facilitate construction and operation of the Phase 2 Project. Design and construction of
certain elements of the PEC improvements including the contractor power supply
improvements from Trails End Road to the pump station site and relocation of the existing
lake crossing at the pump station site must be completed prior to construction of the Phase
2 Project commencing. These improvements known as "Pre-construction PEC
improvements"shall be designed and constructed by others in coordination with the Phase 2
Project. All remaining elements of the required PEC improvements known as "Pre-
commissioning PEC improvements"and including the expansion of the Nameless substation
and the remaining new build and rebuild overhead distribution improvements shall be
designed and constructed by others prior to commissioning of the Phase 2 Project. OWNER
is responsible for issuing payments to meet Project schedule requirements.
8) Design of total replacement of existing roadways is not part of the Project. Design of spot
repairs to the road caused by construction equipment and deemed not due to ordinary use
shall be designed by the ENGINEER as part of this contract. All repairs to the road will be
performed by the Contractor.
9) industry standard "homerun"raceway symbol convention will be used. Point-to-point
raceway routing will not be provided
10) The design will be based on the federal,state, and local codes and standards in effect at the
start of the Project.Any changes in these codes may necessitate a change in scope.
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11)Draft and final deliverables shall be provided in electronic(PDF)format and 10 printed
copies shall be provided to OWNER far review and filing. Drawings shall generally be
produced as bound sets of half-size (11 x 17)prints. Five bound sets of full-size prints of final
bidding and conformed documents shag be produced.
12)It is assumed that the Phase 2 construction contract will advertise within 12 months of
preparation of final bidding documents. Review of the Project for changed conditions
regarding permitting and regulatory requirements and design standards and requirements if
bidding is delayed by more than 12 months is not included.
13)Preparing for, coordinating with, participating in and responding to structured independent
review processes, including cost estimating, project peer review, value engineering, and
constructability review requested by OWNER and furnishing services required to revise
studies, reports, Drawings, Specifications, or other Bidding Documents as a result of such
review processes is not included as part of the Project.
14)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 is not included.
15)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
ENGINEER in any way contingent upon the ENGINEER signing any such documents.
16)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
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.
BASIC SCOPE OF SERVICES
Task 1.0- Project Management,Coordination and Meetings
1.1 Project Administration.
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, health and safety, document control,
change management, and cost and schedule control.
1.1.2 Manage and coordinate staff resources, subconsultants, and project planning.
Conduct weekly team coordination meetings by teleconference.
1.1.3 Prepare monthly invoices and project progress reports and updates for the OWNER
website Aortal. 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
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project, and identification of technical or other issues which may have an impact to
the overall project budget and/or schedule.
1.1.4 Provide and maintain a project schedule in MS Project format that is updated and
submitted monthly with each invoice.
1.1.5 Facilitate document control and document sharing for electronic filing of
documents. Develop and coordinate drawing and graphic standards.
1.2 Project Meetings. Participants include staff from OWNER and ENGINEER, as well as key
ENGINEER subconsultant staff. ENGINEER shall prepare meeting minutes and submit for
review and comment within 10 days of each meeting.
1.2.1 Attend a project kickoff meeting with OWNER.
1.2.2 Attend monthly progress meetings with OWNER for a total of 30 meetings.
1.2.3 Attend up to four 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 1.0 Deliverables
■ Monthly invoices and project progress reports
■ Project schedule (submitted monthly)
■ Kickoff meeting agenda and minutes
■ Monthly progress meeting agendas and minutes(30)
■ Board presentations (4)
Task 2.0- 60 Percent Design Submittal. Prepare drawings and specifications at a 60 percent level
of completion showing the scope, extent, and character of the work to be performed by or
furnished by the Contractor.
2.1 Prepare construction drawings to a 60 percent level of completion. This level of completion
shall generally include the following: cover sheet, sheet index, general notes, abbreviations
and symbols, dimensional layout drawings, grading plans, plan and profiles for each tunnel,
plan and profile for pump station suction chamber, coordinated building floor plans and
sections for each trade, key details, P&IDs, one-line diagrams.
2.2 Prepare specifications to a 60 percent level of completion. This level of completion shall
generally include the following:table of contents, front end documents, specifications for
work related to major project elements such as tunnels and shafts, and specifications for
major equipment.
2.3 Prepare a 60 percent design opinion of probable construction costs (OPCC). Contingency
shall be set at approximately 20 percent for total project costs (underground elements may
have an additional contingency to account for uncertainties specific to the nature of those
elements). The 20 percent contingency is within the recommended contingency range for a
Class 2 estimate based on the guidelines set forth by the American Association of Cost
Engineers for a design with 30 to 75 percent project definition level.
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2.4 Submit 60 percent design documents to OWNER for review. Incorporate OWNER
comments into subsequent submittals and provide written responses to review comments.
Task 2.0 Deliverables
■ Phase 2 60 Percent Submittals(Drawings, Specifications, Opinion of Probable Construction
Costs)
Task 3.0-90 Percent Design Submittal. Prepare drawings and specifications at a 90 percent level
of completion showing the scope, extent, and character of the work to be performed by or
furnished by the Contractor.
3.1 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.
3.2 Prepare specifications to a 90 percent level of completion. This level of completion is a set
of all contract documents with the exception of minor comments related to final quality
control, OWNER review comments, and agency review comments.
3.3 Prepare a 90 percent design OPCC. Contingency shall be set at approximately 15 percent
which is within the recommended contingency range for a Class 1 estimate based on the
guidelines set forth by the American Association of Cost Engineers for a design with 65 to
100 percent project definition level. Additional contingency may be applied to underground
elements as appropriate based on consideration of those specific elements.
3.4 Submit 90 percent design documents to OWNER for review. Incorporate OWNER
comments into subsequent submittals and provide written responses to review comments.
Task 3.0 Deliverables
■ Phase 2 90 Percent Submittal(Drawings,Specifications, Opinion of Probable Construction
Costs)
Task 4.0- Final Bidding Documents. Prepare final drawings and specifications sealed and signed by
a Professional Engineer registered in the State of Texas and showing the scope, extent, and
character of the work to be performed by or furnished by the Contractor.
4.1 Prepare and furnish final drawings and specifications with incorporated compliance
comments and OWNER signatures.
4.2 Prepare an OPCC based on the final documents. Contingency shall be set at approximately
15 percent which is within the recommended contingency range for a Class 1 estimate
based on the guidelines set forth by the American Association of Cost Engineers for a design
with 65 to 100 percent project definition level. Additional contingency may be applied to
underground elements as appropriate based on consideration of those specific elements.
Task 4.0 Deliverables
■ Phase 2 Final Bidding Documents (Drawings and Project Manual)
■ Phase 2 Final Opinion of Probable Construction Cast
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Task 5.0-Special Services. Prepare deliverables for the following special services required to
facilitate the design of the Project and development of bidding documents.
5.1 Intake and Maintenance Building
5.1.1 Water Quality Monitoring. Conduct field investigations to retrieve water quality
samples at various depths near the intake location to define lake stratification and
confirm optimum water withdrawals levels. For the purposes of the scope and fee
development, it is assumed that the raw water intake arrangement will include two
risers, each with two stacked screens at various elevations. These samples shall be
collected at one location.This water quality sampling will provide water quality
information to satisfy three needs.
5.1.1.1 The first need is the Texas Commission on Environmental Quality
requirements for new intake designs (30 TAC, Chapter 290,
§290.41.(e).(1).(F). One sample shall be collected for this item (TCEQ
intake support) and the following water quality parameters shall be
measured: alkalinity, bromide, coliform (total), Cryptosporidium
parvum, Escherichia coli, Giardia cysts, hardness, organic carbon (total),
pH, regulated inorganic compounds, regulated synthetic organic
compounds, regulated volatile organic compounds, sulfate,
temperature, threshold odor number,temperature, total dissolved
solids, turbidity.
5.1.1.2 The second item is raw water characterization for Cryptosporidium (30
TAC, Chapter 290, §290.111.(b).(1).The second item shall include
twenty-four (24) monthly samples in determine the correct bin
classification for Cryptosporidium. Samples shall be taken at one (1)
location and measured for Cryptosporidium and turbidity.
5.1.1.3 The third item is the design of the intake (elevation of screens). This
shall consist of quarterly samples for a two (2) year period (up to eight
sample events)to gather samples and measure water quality
parameters to support the intake and water treatment plant design
efforts.These samples shall be taken at one location and up to nine
depths. The quarterly sampling will provide information regarding
seasonal changes. Water quality parameters that shall be measured for
this effort include alkalinity, ammonia (free and total), bromide,
dissolved oxygen, hardness, organic carbon (dissolved and total),
orthophosphate, oxidation-reduction potential, pH, phosphorus (total),
iron, manganese, specific conductance,temperature,total dissolved
solids, turbidity, and UV254.
5.1.1.4 A third-party laboratory that is accredited by the Texas Commission on
Environmental Quality shall be utilized for the water quality analysis.
5.1.1.5 Prepare a technical memorandum (TM) summarizing the water quality
monitoring data. The TM shall also review existing water quality
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information collected near the project area by LCRA and an evaluation
of options for collection of a sample of raw water prior to treatment for
total organic carbon (TOC) sampling. The TM shall also be submitted to
TCEQ for approval of a new surface water source per 30 TAC
290.41.(e).(1).(F) as described under Task 6.8.
5.1.2 Zebra Mussel Control Bench-scale Testing Evaluation. Prepare a bench-scale
testing protocol and conduct bench-scale testing of Lake Travis water to determine
appropriate dosing and capacity requirements for the proposed zebra mussel
control chemical treatment systems (sodium permanganate and sodium
hypochlorite). Assess the effect of decay and decomposition reactions based on
estimated hydraulic detention times to maintain a suitable treatment chemical
residual to the three WTPs being served by Phase 2. Up to five (S) doses for sodium
hypochlorite and sodium permanganate shall be used. Residual concentrations
shall be measured at up to eight (8)time steps (48, 36, 24, 12, 6, 4, 2, 1 hours).The
samples associated with this effort shall be taken from near the first intake level. In
addition, this sample and test protocol shall be conducted quarterly for one year. A
third-party laboratory that is accredited by the Texas Commission on
Environmental Quality shall be utilized for the analysis. Prepare a TM summarizing
the results of the bench-scale testing evaluation.
5.1.3 Flow Control Devices Evaluation. Evaluate the flow control butterfly valve and
actuator recommended in TM 5-1 of the Phase 2 Preliminary Engineering Report to
verify suitability for the Project. Consider cost, maintenance, reliability, and
constructability. Prepare a TM documenting final recommendations for flow
control device and actuator.
5.1.4 Architectural Renderings. Prepare updated architectural renderings of the
maintenance building and intake structure in the lake at 60 and 90 percent design
milestones.
5.1.5 Roadway Design Improvements. Engineer shall prepare a roadway spot repair
design to for repairs to the existing road that are determined to be due to
construction and not normal use.
5.2 Pump Station
5.2.1 Pressure Transient Analysis. Perform a 60 percent and 90 percent system pressure
transient analysis (gravity and pressure systems). The pressure transient analysis
shall be developed by identifying differences from the existing 30 percent transient
analysis and updating the hydraulic transient analysis computer model. Establish
initial hydraulic grade line elevation for the tunnel and pipelines under steady state
and static conditions at the pump station for the critical operating scenarios.
Perform simulations for the critical operating scenarios including pump power
failure, pump startup, and controlled (powered) pump shutdown. Evaluate the
simulations and, if necessary, recommend additional surge control measures to
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protect the system. Prepare a Pressure Transient Analysis TM documenting
transient analyses and recommendations at 60 and 90 percent design.
5.2.2 Computation Fluid Dynamics (CFD) Design Validation. Perform a CFD evaluation of
the 60 percent and 90 percent pump station designs. Evaluate up to six pump flow
combinations to determine if the results meet the performance criteria used in the
physical model study completed during preliminary engineering. If the results for
the revised design do not meet the performance criteria, conduct design
development tests to improve flow to the pumps. Test up to four pump operating
combinations to confirm the design of acceptable modifications. Prepare a TM
documenting CFD analyses and recommendations at 60 and 90 percent design.
5.2.3 Pump Selection Analysis. Advance hydraulic evaluations completed during
preliminary engineering and consult with pump manufacturers to update pump
selections. Prepare a TM documenting the hydraulic analyses and recommended
pump selections.
5.2.4 Well Shaft Casing Alignment Analysis. Coordinate with pump suppliers and
contractors to define tolerance criteria for well casings based on manufacturer
pumping unit designs. Prepare a TM documenting tolerance criteria and pump
manufacturer recommendations.
5.2.5 Power Factor Evaluation. Evaluate the type and size of power factor correction
required to correct the power factor at the Phase 2 pump station site to meet
PEC's power factor requirements. Evaluate options for correcting power factor and
opinions of probable construction cost for each alternative. Prepare a TM
describing options for correcting power factor and opinions of probable
construction costs. Design of a power factor correction capacitor is included.
5.2.6 Architectural Renderings. Prepare updated architectural renderings of the pump
station at 60 and 90 percent design milestones. Provide two views—one from the
perspective of the lake and one from Lime Creek Road.
5.2.7 Spoils Disposal Plan. Prepare a plan documenting spoil disposal alternatives for the
contractor.
5.3 Geotechnical and Underground Engineering
5.3.1 Geotechnical Investigation. Coordinate and perform geotechnical investigations.
Coordinate boring and testing locations with surveyor and OWNER.
5.3.1.1 Plan and perform a Phase 2 subsurface field and laboratory
investigation and testing program. As part of the planning of the
investigation, the existing rock core and soil samples from previous
phases will be reviewed
5.3.1.1.1 Deep Land Borings for tunnels and shafts. Perform two land borings
for tunnels and shafts. One boring shall be a deep boring extending
to the tunnel zone.This boring shall be at the pump station and shall
be performed to obtain additional subsurface information and detail
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logging information at this critical location that includes multiple
shafts and an underground chamber. The second boring shall be
located at the end of the transmission tunnel and shall be primarily
through overburden with a total depth anticipated to be less than 40
feet. This boring shall be used to obtain additional information on
overburden soils in the vicinity of the Trails End Shaft, including in-
situ testing and water readings isolated in the overburden. Perform
in-situ testing for characterizing subsurface conditions including
packer/pressure testing in rock, in-situ permeability testing in soils,
and install piezometers in all deep land borings.
5.3.1.1.2 Shallow Land Borings.
5.3.1.1.2.1 Perform a total of six shallow borings for shallow
foundations, including two pump station site borings and
four maintenance building site borings. Shallow borings
will extend to depths of up to 20 to 30 feet below grade
to characterize materials below the proposed below
grade walls and foundations, as well as obtain data for
pavement areas, shallow pipeline routes, and other site
improvements. Perform conventional soil/rock tests
(Atterberg Limits, Sieve Analysis, Unconfined
Compression, and Confined (Triaxial) Compression).
5.3.1.1.2.2 Perform shallow pavement borings along existing
roadways to obtain pavement cores and soil subgrade
samples for evaluation of existing pavement condition for
roadways anticipated to be impacted by the construction
operations. Pavement borings are expected to be
approximately five feet deep.
5.3.1.1.3 Marine Borings. Perform a total of two borings, including one intake
structure boring and one transmission tunnel boring. Perform in-
situ packer/pressure on all marine borings.
5.3.1.1.4 Laboratory testing for engineering purposes. Perform laboratory
testing on select soil and rock samples recovered from the borings to
determine classification and engineering properties of the soil and
rock strata.Testing shall involve procedures and quality that are
consistent with standard engineering practice for the design of
tunnels and shafts. Soil tests shall include index classification tests
and engineering tests including shear strength and compressibility,
as appropriate, for design of the initial support and final liner
systems in overburden for the shafts and for the foundations and
below grade walls for the pump station and maintenance building.
Testing on rock samples shall include classification tests,
compressive and tensile strength tests, and index tests for assessing
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abrasivity, slake potential, and cutting tool wear for tunneling
applications.The testing program shall be based on anticipated
tunneling means and methods.
5.3.1.1.5 Soil chemistry testing shall be performed on recovered soil samples
for assessing corrosivity potential of the soils.
5.3.1.1.6 Spoils from borings shall be hauled off upon completion of boring
activities. Barings shall be grouted upon completion. Additional site
restoration activities are not included.
5.3.1.1.7 Recovered rock core shall be photographed and stored in core
boxes. OWNER shall identify a storage facility and provide the
ENGINEER access to the facility for delivery of core and for review,
logging, and photography of the core. Soil samples and pavement
cores shall also be stored at this location except for samples taken
for testing. Rock cores and soil samples shall also be made available
for construction contractors for pre-bid inspections and for design
phase outreach workshops.
5.3.1.2 Prepare a Phase 2 Geotechnical Data Report(GDR)that documents the
Phase 2 field and laboratory testing program and compiles the data
collected. The GDR will be a factual document without interpretations
that shall be included with the bid documents. A draft GDR shall be
submitted with the 60 percent design submittal. A final GDR shall be
submitted with the 90 percent design submittal.
5.3.2 Perform geotechnical and tunneling engineering analyses. Engineering analyses
shall be performed for design of the tunnels and shafts, sequencing of the
excavation of the pump station underground chamber, and assessment of
construction excavation impacts from the underground works for vibration impacts
and settlement potential. The results of these analyses shall be documented in
calculation packages and/or technical memoranda. Analyses and technical
memoranda will include ground characterization and development of soil and rock
parameters, design of initial rock support for shafts, cavern, and tunnels; design of
final CIP liner for tunnels and cavern, structural checks for final steel liners;
conceptual design of SOE for Trails End Shaft and Pump station SOE; groundwater
inflow estimates for tunnels and shafts for baselines in GBR; excavation sequencing
analysis for cavern; analysis of cavern, shaft, and tunnel interaction; and
construction impacts assessments for excavation impacts including settlement
potential and vibrations, and other assessments related to the tunnel and
underground elements.
5.3.3 Develop construction impact mitigation measures. The results of the engineering
analyses shall be used to develop mitigation measures. Mitigation measures may
include requirements for instrumentation and monitoring, construction
sequencing, temporary construction works or operations, and definition of
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thresholds for responses and implementation of mitigation measures.This includes
development of the mitigation plan for groundwater impacts.
5.3.4 Geotechnical Engineering Report (GER) for the proposed Pump Station and
Maintenance Buildings. A GER or technical memorandum shall be prepared
summarizing the investigation and subsurface conditions and presenting
geotechnical engineering recommendations for the design of the new buildings
and site improvements at those locations. This report shall be for internal team use
for developing the design of these elements and will be included as an information-
only document with the bid documents.
5.3.5 Geotechnical Baseline Report (GBR). A geotechnical baseline report shall be
developed for characterization of the subsurface soil, rock, and groundwater
conditions for the construction of the tunnels, underground pump station
chamber, and shafts.The GBR will present ground characterizations based on
engineering interpretation of the subsurface conditions, anticipated construction
means and methods, and consideration of the OWNER's risk management
considerations. Coordination with the OWNER shall be performed as part of the
development of the geotechnical baselines. A draft GBR shall be prepared and
submitted to the OWNER for review.The draft GBR shall be submitted after the 50
percent design submittal and no later than the 90 percent design submittal. The
final GBR shall incorporate review comments by the OWNER and shall be
submitted with the final bidding documents.The GBR shall be a contract document
that shall be signed and sealed by a Professional Engineering registered in the State
of Texas.
5.4 Risk Management Plan
5.4.1 Risk Management Plan. Update the Risk Management Plan developed during
preliminary engineering to establish and maintain a collaborative process for risk
identification, risk quantification, risk mitigation, and the monitoring and
management of identified risks for the Project. Assign risk management key staff
roles and responsibilities. Develop the strategic approach for risk management
using a collaborative approach for identification and mitigation with OWNER. The
risk register shall track and monitor risks, response efforts, trigger events, and
impacts to project costs and schedule and shall be incorporated into the Risk
Management Plan. Prepare and submit a Risk Management Plan.
5.4.2 Risk Management Updates. Develop approximately quarterly updates (total of
eight) and metrics to continue reporting on the risk management process.
Summarize top risks, key updates to risk response actions, and upcoming risk
trigger events. The Risk Management Plan and updates to the Pian shall be
presented and reviewed at project progress meetings (i.e., no separate Risk
Management Workshops are required).
5.5 Construction Contract Packaging Evaluation. This scope of services assumes that the Phase
2 Project shall be designed and bid as one construction contract. However, it is
acknowledged that the recommended construction contract packaging plan is influenced by
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external factors including the bid climate and contractor constraints. Therefore, ENGINEER
shall coordinate with qualified contractors and conduct a construction contract packaging
evaluation considering cost, schedule, contractor preferences, and construction contract
interface risks. Prepare a TM summarizing the evaluation and recommendations.
5.6 Constructability Reviews
5.6.1 Engineer Constructability Review. Perform a quality assurance and constructability
review of the 90 percent submittal to inspect the design documents for conflicts,
ambiguities, or omissions and provide recommendations to improve clarity and
constructability. Evaluate construction contract interface risks,the proposed
construction scheme and sequence of construction for the recommended design
configuration based on the use of current construction techniques.
5.6.2 Contractor Constructability Workshops. Identify qualified contractors to
participate in a constructability review of the Project. Separate workshops may be
held for different project components (marine,tunnel, pump station).
5.7 Commissioning and Start-up (C&SU) Plan. Conduct C&SU workshops with Brushy Creek
WTP, Cedar Park WTP, and Sandy Creek WTP staff to determine project impacts, plant
constraints, and training requirements for assets installed as part of the Project. Develop
plans and procedures to coordinate commissioning and startup for transition from
construction to full operation. The C&SU plan shall include requirements for tie-in and
shutdowns necessary to complete the work, disinfection, hydro-static testing,
filling/draining, temporary shut-downs, equipment commissioning, instrumentation and
control checkout (overall plan development), performance testing, water management,
O&M training, and decommissioning of the existing floating intakes used by OWNER, City of
Cedar Park, and City of Leander. The C&SU plan small also include a C&SU schedule
identifying tasks necessary for transition to full operation and major shutdowns or events
that impact the three WTPs.
5.8 Site Visits.
5.8.1 Pump Suppliers. Consult with qualified pump suppliers identified during final
design of Phase 2 and perform a four day site visit to the manufacturing facility of
two qualified pump suppliers.
5.8.2 Southern Nevada Water Authority (SNWA). Coordinate with SNWA to perform a
four day site visit to assess the performance of submersible pumps installed for the
Lake Mead Intake No. 3 Low Lake Level Pumping Station Project and discuss start-
up and commissioning of the Project.
5.9 Pumping Unit Pre-negotiated Bid. Support OWNER with implementation of a pre-
negotiated bid of pumping units for the Phase 2 Project. Equipment shall be bid and a
selection made by OWNER. The bid of the selected pump manufacturer shall be included in
the contract as a bid allowance.
5.9.1 Develop Equipment Procurement Solicitation Documents. Develop procurement
solicitation documents for the three pumping unit designs included in the Phase 2
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pump station (one dedicated Cedar Park pump and two OWNER/Leander pumps).
Procurement documents shall include the following.
5.9.1.1 Equipment specification and performance requirements for the
pumping units, non-return valve, column pipe, and transition elbow at
grade.
5.9.1.2 Selection criteria.
5.9.1.3 Proposal pricing and schedule.
5.9.1.4 Proposer references.
5.9.1.5 Terms and conditions.
5.9.1.6 Schedule for evaluation and award of the contract and time for
completion.
5.9.1.7 Submittal procedures.
5.9.1.8 Provide solicitation assistance and address bidder inquiries. Review
bids and recommend award.
5.9.2 Evaluate Bids.
5.9.2.1 Assist OWNER extending invitations to bid equipment procurement
solicitation.
5.9.2.2 Receive inquiries from bidders during the bidding period and respond as
required.
5.9.2.3 Review bids and develop a recommendation for award.
5.9.2.4 Assist OWNER in interpretation of procurement solicitation and develop
a bid allowance for the Phase 2 construction contract.
Task 5.0 Deliverables
■ Water Quality Monitoring TM
■ Zebra Mussel Control Bench-Scale Testing Evaluation TM
■ Flow Control Devices Evaluation TM
■ Pressure Transient Analysis Report(60 and 90 Percent)
■ Pump Selection Analysis TM
■ CFD Design Validation TM
■ Well Shaft Casing Alignment Analysis TM
• Power Factor Evaluation TM
■ Architectural Renderings
■ Spoils Disposal Plan
■ Phase 2 Geotechnical Data Report
■ Phase 2 Geotechnical Baseline Report
■ Risk Management Plan
■ Cons tructability review workshop minutes(as required)
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• Start-up and Commissioning Pian
■ Site visit meeting minutes (as required)
■ Equipment procurement solicitation documents(with support by OWNER)
• Equipment procurement recommendation for award
Task 6.0-Agency and Stakeholder Coordination
6.1 Village of Volente (Village).
6.1.1 Meetings.
6.1.1.1 Develop and present two town-hall style presentations to provide
project updates to the Village.
6.1.1.2 Meet with OWNER and Village quarterly for a total of 10 meetings to
provide project progress updates and coordinate future activities.
6.1.1.3 Attend up to 12 meetings with Village staff, council and/or
commissions.
6.1.2 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 shall occur in and around the Village, and summary updates of upcoming
activities. Coordinate activities within the Village corporate limits with OWNER,
the Village, and Village's consultant.
6.1.3 Permitting. Support OWNER in acquiring the following anticipated permits and
approvals. It is assumed that platting of the maintenance building site is not
required. It is also assumed that endangered species surveys for the maintenance
building site will not be conducted, and that surveys completed during
development of the Phase 2 Environmental Assessment will be submitted to the
Village. Resubmittal of permits and applications is included if resubmittal is
required to address minor technical issues.
6.1.3.1 Village of Volente Concept Plan. Prepare draft and final copies of the
Concept Plan. Include a general site layout, survey limits, identification
of adjacent properties and owners, identification of zoning and
proposed use, tree preservation strategies, summary report, and other
information listed in the Village ordinance. Review other Village
ordinances to assess approval requirements.
6.1.3.2 zoning change approval.
6.1.3.3 Site plan approval.
6.1.3.4 Non-point source pollution control permit.
6.1.3.5 Site development permit including development of a Pesticide and
Fertilization Management Plan.
6.1.3.6 Building permit.
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6.1.3.7 Tree removal permit.
6.1.3.8 Certificate of occupancy and compliance.
6.1.3.9 Noise control permit including analysis of construction related noise
impacts.
6.1.3.10 Temporary construction impacts approval.
6.1.3.11 Right-of-way construction permit for Bernard Street extension.
6.1.4 Maintenance Building Code Modification Request (CMR). Coordinate with the
Village of Volente and Volente Fire Department to seek a CMR for the installation
of an automatic sprinkler protection system in the maintenance building within the
Village of Volente.
6.1.5 Roadway and Traffic Evaluation.
6.1.5.1 Perform a traffic study to evaluate traffic routes, potential access
conflicts, traffic volumes and potential impacts to local traffic during
construction from the Volente City corporate along Lime Creek Road to
the maintenance building.
6.1.5.2 Conduct an existing pavement condition analysis to evaluate the
condition of existing pavement from the Volente corporate limits along
Lime Creek Road to the maintenance building and determine possible
impacts to the road condition during construction.
6.1.5.3 Conduct a field survey of the undeveloped Bernard Street right-of-way
to be extended to provide access to the Maintenance Building site.
Surveying shall include staking the right-of-way, topographic surveying,
and a tree survey.
6.2 Travis County. Coordinate the following with Travis County for work occurring along Trails
End Road and Lime Creek Road. Attend up to six meetings with Travis County.
6.2.1 General Development Permit for the pump station site.
6.2.2 Development Permit Application Notice of Proposed Installation in Travis County
ROW including a work plan, erosion and sedimentation control plans, traffic
control plans, and documentation of required temporary construction easements.
6.2.3 Roadway and Traffic Evaluation.
6.2.3.1 Perform a traffic study to evaluate traffic routes, potential access
conflicts, traffic volumes and potential impacts to local traffic during
construction from the intersection of Lime Creek Road and Anderson
Mill Road to the pump station site.
6.2.3.2 Conduct an existing pavement condition analysis to evaluate the
condition of existing pavement from the intersections of Lime Creek
Road and FM 2769 with Anderson Mill Road to the pump station and
determine possible impacts to the road condition during construction.
6.2.4 Temporary construction impacts and activities.
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6.2.5 Tree protection plan and tree removal requirements for the pump station site and
at transmission tunnel riser site (end of Trails End Road).
6.2.6 Use of right-of-way along Trails End Road and Lime Creek Road for water and
electrical components of the Project including construction within the 100-year
floodplain.
6.3 Pedernales Electric Cooperative(PEC). Coordinate power supply requirements with PEC
and PEC's consultants for upgrading infrastructure to serve the project facilities at the
maintenance building and pump station sites. Coordinate with PEC and PEC's consultants
for relocating existing overhead electric utilities at the end of Trails End Road. Prepare and
submit an Electric Service Data Form for the Phase 2 Project. Attend up to 12 meetings with
PEC and/or PEC's consultants. Provide design of grading and transformer pads at the
maintenance building and pump station sites.
6.4 U.S.Army Corps of Engineers (USAGE). Nationwide Permit (NWP) 12 (Utility Line Activities)
and/or LOP-2 have been identified as potentially viable permitting approaches for the
Project. Coordinate with USACE to provide information on the timing and schedule of the
Phase 2 Project. Prepare and submit a Pre-Construction Notification (PCN) to USACE as
required for projects that involve intake structures. Respond to potential "requests for
additional information" from USACE during the PCN review process. It is assumed that a
public hearing will not be required. It is anticipated that the USACE permit will expire in
2022 and the project schedule may require a re-authorization from USACE if construction is
not initiated before the NWP expiration date.
6.5 City of Austin. Submit construction site plans for development of the pump station site and
an environmental variance requests for impervious cover, construction on slopes, and cut
and fill exceeding four feet of depth. Meet with staff and members of the Austin
Environmental Board and Planning Commission. Make one presentation at Environmental
Board and Planning Commission public hearings to seek approval of the variances. Prepare
an Environmental Resource Inventory Report as per City of Austin Environmental Criteria
Manual. Submit proposed mitigation measures and water quality best management
practices to minimize environmental and water quality impacts. Obtain approval of a site
development permit. It is assumed that a building permit is not required. Additional
coordination with City of Austin is also required for the Trails End Road site that is within
the City of Austin ETJ.
6.6 Lower Colorado River Authority (LCRA). Coordinate with LCRA for review and approval of
the Phase 2 Project. Support preparation of applications for required permits and approvals.
It is anticipated that a Buoy Permit, General Utility Permit, and On-site Sewage Facility
Permit will be required. Coordination will also be required for construction within the 100-
year floodplain. Written notification and public notice may be required for fill and dredge
activities. Coordinate with LCRA's Water Quality Protection and Surface Water
Management Departments for review and approval. Attend up to four meetings with LCRA.
6.7 Balcones Canyonlands Conservation Plan (BCCP) Participation. Coordinate with BCCP for
authorization of the PEC rebuild improvements through Balcones Canyonland Preserve
property between Trails End Road and the pump station site.
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6.8 Texas Commission on Environmental Quality(TCEQ).
6.8.1 Coordinate with TCEQ for permitting review of the project plans and specifications.
6.8.2 Submit the Water Quality Monitoring TM prepared under Task 5.1 for approval of a
new surface water source.
6.8.3 Coordinate and attend an on-site evaluation of the proposed raw water intake
location with TCEQ staff and furnish a USGS 7.5-minute topographic quadrangle
showing the intake location.
6.8.4 Prepare emergency remediation plan for the intake to document procedures if
contamination of the lake source water occurs.
6.5.5 Attend up to three meetings with TCEQ.
6.9 Texas Water Development Board (TWDB). Support OWNER coordination with TWDB
including progress reporting and project reviews. Assistance with to obtaining bidding and
construction funding is not included. No meetings with TWDB are assumed.
6.10 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.
6.11 Trails End Road Homeowners Association (HOA). Coordinate with the Trails End Road HOA
to discuss construction activities within and adjacent to the Trails End Road HOA Park at the
end of Trails End Road including the design of a temporary road realignment to facilitate
construction within the right-of-way. Attend up to three meetings with Trails End Road
HOA.
6.12 Texas Department of Licensing and Regulations(TDLR). Coordinate with TDLR for
compliance with American with Disabilities Act (ADA) and submit plans and specifications
where required.
6.13 Jonestown Water Supply Corporation (JWSC). Coordinate with the JWSC to discuss
construction activities along Trails End Road. Attend up to two meetings with JWSC.
Task 6.0 Deliverables
■ Village of Volente town hall presentations (2)
■ Stakeholder and regulatory permitting agency meeting minutes (as required)
■ Applications for permits and approvals (as required)
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EXHIBIT C
WORK SCHEDULE
A project work schedule is attached to this Exhibit C as Appendix 1. The assumed work duration is
30 months from notice-to-proceed.
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EXMBIT D
Fee Schedule
Attached Behind This Page
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EXHIBIT D
COMPENSATION
Total compensation for Basic Services set forth in Exhibit B is estimated to be . 13,621,795. OWNER
shall pay ENGINEER for Basic Services set forth in Exhibit B on the basis of Lump Sum as described in
Paragraph 1.0 with the exception of Task 5.3.1 — Geotechnical Investigation. OWNER shall pay
ENGINEER for Task 5.3.1 — Geotechnical Investigation 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 set forth in Exhibit B with the exception of Task
5.3.1—Geotechnical Investigation as follows:
A. A Lump Sum amount of $12,518,037 based on the following estimated distribution of
compensation:
1. Task 1.0—Project Management, Coordination, and Meetings $1,643,328
2. Task 2.0-60 Percent Design Submittal $2,916,890
3. Task 3.0-90 Percent Design Submittal $2,216,994
4. Task 4.0—Final Bidding Documents $1,350,768
5. Task 5.0—Special Services $3,165,612
6. Task 6.0—Agency and Stakeholder Coordination $1,224,445
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 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 5.3.1 — Geotechnical Investigation set
forth in Exhibit B as follows:
E. 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
10/29/2018 @21%lrxPuMersMFREESE
engineers * surveyorsNICHOLS
22
services performed on the Project, plus Reimbursable Expenses and ENGINEER'S
Consultants'charges, if any.
F. 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.
G. ENGINEER'S Standard Hourly Rates are attached to this Exhibit D as Appendix 2.
H. The total compensation for services under Paragraph 2.0 is estimated to be$1,103,758.
I. ENGINEER shall not exceed the total estimated compensation amount unless approved in
writing by OWNER.
J. 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.
K. If it becomes apparent to ENGINEER that the compensation amount for Engineer's
services for any individual sub-task identified in Appendix 3 to Exhibit D will be exceeded,
ENGINEER shall give OWNER written notice thereof for review of the matter.
L. 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.
M. 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
N. 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%.
10/29/2018 @--�Waff FarMers . FREESE
engineers * surveyors NICHOLS
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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:
Manager III $275-295/hour
Manager II $260-275/hour
Manager $250-275/hour
Senior Engineer ill $260-295/hour
Senior Engineer II $225-260/hour
Senior Engineer I $200-225/hour
Senior Environmental $200-225/hour
Environmental II $150-200/hour
Environmental I $100-150/hour
Survey Manager $200-220/hour
Project Engineer III $160-200/hour
Project Engineer II $130-160/hour
Project Engineer I $110-130/hour
Senior Project Surveyor $130-150/hour
Project Surveyor III $110-130/hour
Project Surveyor 11 $95-110/hour
Project Surveyor I $85-95/hour
Professional III $100-110/hour
Professional II $90-100/hour
Professional I $80-90/hour
Technician III $150-190/hour
Technician II $120-150/hour
Technician I $80-120/hour
Support Staff III $100-130/hour
Support Staff II $85-105/hour
Support Staff I $65-85/hour
4-Man Crew $175-185/hour
3-Man Crew $160-175/hour
2-Man Crew $135-160/hour
1-Man Crew $115-135/hour
10/29/2018Walker Partners ■ FREESE
engineers + surveyors CH0L7
Appendix 3 to Exhibit D
Brushy Creek Regional Utility Authority{BCRUA)
Phase 2 Deep Water Intake
Task 5.3.1-Geotechnical Investigation
Detailed Cost Breakout
Firm
Task Total
WP/FNEJV Schnabel
Existing Data and Rock Core Review $3,976 $69,520 $73,496
Land Borings $41,522 $309,613 $351,134
Marine Borings $42,746 $371,397 $414,142
Lab Testing $8,478 $99,060 $107,538
Geotechnical Data Report $50,603 $106,844 $157,447
Totals $147,325 $956,433 $1,103,758
EXHIBIT E
Certificates of Insurance
Attached Behind This Page