BCRUA_R-19-04-24-5B RESOLUTION NO. R-19-04-24-5B
WHEREAS, the Brushy Creek Regional Utility Authority, Inc. ("BCRUA") has previously
entered into a Contract for Engineering Services ("Contract') with Walker Partners/Freese and Nichols
Joint Venture for the BCRUA Phase 2 Raw Water Delivery System Project, and
WHEREAS, Walker Partners/Freese and Nichols Joint Venture has submitted Supplemental
Contract No. 1 to the Contract to modify the provisions for the scope of services and to increase the
compensation, and
WHEREAS, the BCRUA desires to enter into said Supplemental Contract No. 1, Now
Therefore
BE IT RESOLVED BY THE BRUSHY CREEK REGIONAL UTILITY AUTHORITY,
That the Board President is hereby authorized and directed to execute on behalf of the BCRUA
Supplemental Contract No. 1 with Walker Partners Freese and Nichols Joint Venture, a copy of same
being attached hereto as Exhibit "A" and incorporated herein for all purposes.
The Board of Directors 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 24th day of:RzhA
NAVARRETTE, President
Brushy Creek Regional Utility Authority
ATTEST:
REI E FLORES, Se re
Z.BCRUA Board Packets Packet Documeop 2019 O4242019 Res.BCRUA-SC 01 w•Walker Partners.Freese and Nichols Joml Venture-Phase 2 Raw Water Delivery System(00a22425xA09F81.doe
�"e"MBRUSHY CREEK
REGIONAL UTILITY AUTHORITY
0 Felt n•r2 hIF pl Cf di r P m r L,.n C,. lflrl R..n A F n(k
SUPPLEMENTAL CONTRACT NO. 1
TO CONTRACT FOR ENGINEERING SERVICES
FIRM:WALKER PARTNERS/FREESE AND NICHOLS JOINT VENTURE MEngineer")
ADDRESS: 804 Las Cimas Parkway, Suite 150,Austin,TX 78746
PROJECT: BCRUA Phase 2 Raw Water Delivery„System
This Supplemental Contract No. 1 to Contract for Engineering Services is made by and between
the BRUSHY CREEK REGIONAL UTILITY AUTHORITY, INC., hereinafter called
"BCRUA" and Walker Partners//Freese and Nichols Joint Venture, hereinafter called the
"Engineer".
WHEREAS, BCRUA and Engineer executed a Contract for Engineering Services, hereinafter
called the "Contract", on the 28th day of November, 2018 for the BCRUA Phase 2 Raw Water
Delivery System Project in the lump sum amount of$12,518,037.00 for Engineering Services
excluding Task 5.3.1 --Geotechnical Investigation; and
WHEREAS, it has become necessary to amend the Contract to modify the provisions for the
scope of services, specifically, Task 6.0, and to increase the compensation by $75,496.00 to a
total lump sum amount of$12,593,533.00 for a total project amount of$13,697,29 1.00;
NOW THEREFORE, premises considered, BCRUA and the Engineer agree that said Contract
is amended as follows:
I.
Article 2 Engineering Services and Exhibit B Engineering Services shall be amended as set
forth in the attached Addendum To Exhibit B. Exhibit C Work Schedule shall be amended as
set forth in the attached Addendum To Exhibit C.
11.
Article 4 Compensation 1 Lumv Sum and Exhibit D. Fee Schedule shall be amended by
increasing by $75,496.00 the lump sum amount payable under the Contract for Engineering
Services excluding Task 5.3.1 — Geotechnical Investigation to a total of$12,593,533 for a total
Project amount of$13,697,291.00, as shown by the attached Addendum to Exhibit D.
IN WITNESS WHEREOF, BCRUA and the Engineer have executed this Supplemental
Contract in duplicate.
Supplemental Contract Rev.011011
0199.4634-47;00422152F= 215829
WALKER PARTNERS/FREESE AND NICHOLS JOINT VENTURE
By:
Date
BRUSHY CREEK REGIONAL UTILITY AUTHORITY, INC.
By:
Andrea Navarrette, President
Date
APPROVED AS TO FORM:
By:
Stephan L.Sheets, BCRUA Attorney
2
ADDENDUM TO EXHIBIT B
ENGINEERING SERVICES
GENERAL
BCRUA must obtain Section 404 authorization for the U.S.Army Corps of Engineers to construct the
Phase 2 Raw Water Delivery System (Project). During re-coordination with USACE to renew the
Section 404 Nationwide 12 permit that had previously been approved in 2012, USACE notified
BCRUA that the Project will no longer be approved under a Nationwide 12 Permit as contemplated
in the original scope of services. Additional services are required to respond to USA CE's request for
supplemental information.Accordingly, the purposes of Supplemental Amendment No. 1 are as
follows:
■ Prepare a Tier 1 Hydrologic Modeling Guidelines(HMG)Report requested by the USACE as
part of the Section 404 Permit Application for the Phase 2 Raw Water Delivery System.
■ Meet with the USACE at the Fort Worth District offices to present the results of the study
and address question and comments on the HMG Report.
BASIC SCOPE OF SERVICES
Task 6.0-Agency and Stakeholder Coordination
Insert Task 6.4.1 through 6.4.8 under Task 6.4 U.S.Army Corps of Engineers (USACE)as follows:
6.4.1 Services previously completed:
6.4.1.1 Meet with USACE staff at the Fort Worth District office to discuss the
Phase 2 project and permitting approach. This meeting occurred on
December 12, 2018. At this meeting, the USACE requested completion
of HMG Tier 1 items for the Phase 2 project
6.4.1.2 Participate in conference calls with BCRUA, Lloyd Gosselink and Walker
Partners to develop strategy regarding Section 404 permitting
approach, including addressing HMG. These calls occurred on January
28 and February 11, 2019.
6.4.1.3 Meet with LCRA and BCRUA staff to discuss coordination in addressing
the HMG guidelines. This meeting occurred on March 14, 2019.
6.4.2 Obtain data from BCRUA, LCRA, the USGS and other sources. To the extent
possible,this data will be taken from previous studies of the Phase 2 project and
publicly available sources such as the USGS and the LCRA and BCRUA websites.
However, some data may need to be obtained directly from BCRUA or LCRA. Data
is to include but is not limited to:
6.4.2.1 Latest water demand projections for the users of the Phase 2 project
6.4.2.2 Historical water use by BCRUA and the Cedar Park and Leander water
treatment plants
Walker PartnersFRESE
engine r5 a surveyors � IzQUICHOLS
6.4.2.3 Information on BCRUA organizational history and structure
6.4.2.4 Information on existing and proposed water supply contracts that will
be used to supply the BCRUA system
6.4.2.5 Historical diversions and spills/releases from Lake Travis
6.4.2.6 Historical water surface elevations and storage in Lake Travis
6.4.2.7 Applicable data from the LCRA Water Management Plan
6.4.2.8 A list of environmental studies initiated by LCRA and its partners
regarding instream flows and freshwater inflow needs for the lower
Colorado River and Matagorda Bay.
6.4.2.9 A list of available relevant hydrologic data and models of the LCRA
system.
6.4.3 Perform a screening-level analysis of the potential impacts of increased diversions
associated with the water from Lake Travis on storage and outflows from Lake
Travis.
6.4.4 Summarize these data in a report that addresses the HMG Tier Z guidelines and
provides additional information relevant to the project. The HMG Report will
emphasize previous efforts that have established the reliable supply of the LCRA
system and environmental needs.
6.4.5 Meet with BCRUA to discuss the HMG Report(via conference call). Provide an
electronic copy (Microsoft Word and PDF) of the Initial Draft of the report for review
and comment. Revise report based on BCRUA comments and develop a Second
Draft Report for review by others.
6.4.6 Present relevant sections of the Second Draft Report in electronic format (Microsoft
Word and PDF) to LCRA for review and comment(via conference call). Address LCRA
comments and develop a Final Draft for submission to the USACE.
6.4.7 Meet with the USACE at the Fort Worth District offices to present the results of the
study. Provide a copy of the Final Draft HMG Report for review as a hard copy and in
electronic format(PDF).
6.4.8 Address questions and comments from the USACE and provide a Final HMG Report
to the Fort Worth District as a hard copy and in electronic format (PDF). Meet with
the USACE to discuss possible next steps in the permitting process related to the
HMG analysis. Review and comment on potential USACE permit conditions related
to the analysis.
2
ADDENDUM TO EXHIBIT C
WORK SCHEDULE
No changes to the Work Schedule are required.
Wafer PartnersFREESE
:rers * surveyors aNICHOLS
ADDENDUM TO EXHIBIT D
Fee Schedule
Total compensation for services under Supplemental Amendment No. 1 is estimated to be$75,496.
Total compensation for Task 6.0 — Agency and Stakeholder Coordination shall be increased by an
amount of$75,496 to$1,299,941.
Total compensation for the Project shall be adjusted to$13,697,291.
Total compensation for lump Sum tasks shall be adjusted to be$12,593,533.
Walker Partners ��NI«®LS
Freese and Nichols,Inc.
Brushy Creek Regional Utility Authority IBCRUAj Project Fee Summary
Deep Water Intake•HMG Tier 1 Report Bask Services 75.496
4/912019 Special Services -
Detailed Fee Breakdown Total Project 75.496
FNI Effort
Employee Jm,A"td Sraw Wad— rem Coecn Ream Ca Dar e,.,.Harm Dan L.,m,., urs Hnp.r Spencer S&~t Em Flan"m TOTotal Wafher Total Errors
bor
he Task Project Role T.taL,.en F.mrsomw wTechP,d nrambwa Sr.Ad~ W AMMAMMWREngriw PV Total Hours Effort Expense Partners
Tasks I Eff*d
1 Services alreactv peffixrned 16.5 42.5 1 17.5 20 97 f 26.268 f 218 $ 2.360 S 20,11148
2 Data Galli 2 2 4 $ 960 S $ S 960
3 Screeniev level analysis of Impacts 12 1 1 a 22 $ 5,610 $ $ - f 5,610
4 HMG Tier 1 R (includes revision firnef 38 2 2 8 8 2 58 f 14 650 S 78 f 1.302 $ 16,230
5 Meeting wi0r$CRUA 4 2 2 71 t 13 S 3 220 S $ 634 $ 3,864
6
Meeting with LCRA 4 2 2 3 1 1 13_ S 3 220 f 218 S 617 S 4,055
7 Present draft to USACE a 6 6 20 $ 5.900 $ 216 $ 2.360 $ 8,478
6 Phot HMG Tier 1 and discussion of nest steps 6 4 4 14 S 4,130 $ $ 724 f 4,684
8 P Mona ent 24 4 10 S 2.610 $ $ f 2,610
Total Basic Services Hours s
92 5 BD 34.5 34 4 ill 4 8 4 24915 66,7681S 732 $ 7,9271$ 76,498
Total Basle Services Labor Effort S 27,2118 $ 17,551 S 10,178 S 6 290 S 1,020 f 1,464 $ 4611 S 1,480 f 1,000
F er 1 Tt1.02 PM15-Speaal Services A
equesnlHMG Tie!1 Repon40RAFTFee_Spreagaheel for HGM Tier 1 Prep 4.9-19 tamp as i gaol
ORIGINAL EXECUTED DOCUMENT
TO FOLLOW. ..
' 'ab
SHY CR R EK
lJ E
REGIONAL UTILITY AUTHORITY
+ }i.,r re i h 4p .i Cid,r F6th. ►r*w 4q r. ..M Me- A No,F
SUPPLEMENTAL CONTRACT NO. 1
TO CONTRACT FOR ENGINEERING SERVICES
FIRM:WALKER PARTNERS/FREESE AND NICHOLS JOINT VENTURE ("Engineer")
ADDRESS: 804 Las Cimas Parkway, Suite 150, Austin,TX 78746
PROJECT: BCRUA Phase 2 Raw Water Delivery System
This Supplemental Contract No. I to Contract for Engineering Services is made by and between
the BRUSHY CREEK REGIONAL UTILITY AUTHORITY, INC., hereinafter called
"BCRUA" and Walker Partners.!./Freese and Nichols Joint Venture, hereinafter called the
"Engineer".
WHEREAS, BCRUA and Engineer executed a Contract for Engineering Services, hereinafter
called the "Contract", on the 28th day of November, 2018 for the BCRUA Phase 2 Raw Water
Delivery System Project in the lump sum amount of$12,518,037.00 for Engineering Services
excluding Task 5.3.1 —Geotechnical Investigation; and
WHEREAS, it has become necessary to amend the Contract to modify the provisions for the
scope of services, specifically, Task 6.0, and to increase the compensation by $75,496.00 to a
total lump sum amount of$12,593,533.00 for a total project amount of$13,697,29I.00;
NOW THEREFORE, premises considered, BCRUA and the Engineer agree that said Contract
is amended as follows:
I.
Article 2. Engineering-Services and Exhibit B. Engineering Services shall be amended as set
forth in the attached Addendum To Exhibit B. Exhibit C Work Schedule shall be amended as
set forth in the attached Addendum To Exhibit C.
II.
Article 4, Compensation (1) Lumn Sum and Exhibit_D, Fee Schedule shall be amended by
increasing by $75,496.00 the lump sum amount payable under the Contract for Engineering
Services excluding Task 5.3.l —Geotechnical Investigation to a total of$12,593,533 for a total
Project amount of$13,697,291.00, as shown by the attached Addendum to Exhibit D.
IN WITNESS WHEREOF, BCRUA and the Engineer have executed this Supplemental
Contract in duplicate.
Supplemental Contract Rev.03.2011
0199.4634-47;00422152 2I5829
ADDENDUM TO EXHIBIT B
ENGINEERING SERVICES
GENERAL
BCRUA must obtain Section 404 authorization for the U.S.Army Corps of Engineers to construct the
Phase 2 Raw Water Delivery System (Project). During re-coordination with USACE to renew the
Section 404 Nationwide 12 permit that had previously been approved in 2012, USACE notified
BCRUA that the Project will no longer be approved under a Nationwide 12 Permit as contemplated
in the original scope of services. Additional services are required to respond to USA CE's request for
supplemental information.Accordingly, the purposes of Supplemental Amendment No. 1 are as
follows:
• Prepare a Tier 1 Hydrologic Modeling Guidelines(HMG) Report requested by the USACE as
part of the Section 404 Permit Application for the Phase 2 Raw Water Delivery System.
■ Meet with the USACE at the Fort Worth District offices to present the results of the study
and address question and comments on the HMG Report.
BASIC SCOPE OF SERVICES
Task 6.0-Agency and Stakeholder Coordination
Insert Task 6.4.1 through 6.4.8 under Task 6.4 U.S.Army Corps of Engineers(USACE)as follows:
6.4.1 Services previously completed:
6.4.1.1 Meet with USACE staff at the Fort Worth District office to discuss the
Phase 2 project and permitting approach. This meeting occurred on
December 12, 2018. At this meeting, the USACE requested completion
of HMG Tier 1 items for the Phase 2 project.
6.4.1.2 Participate in conference calls with BCRUA, Lloyd Gosselink and Walker
Partners to develop strategy regarding Section 404 permitting
approach, including addressing HMG. These calls occurred on January
28 and February 11, 2019.
6.4.1.3 Meet with LCRA and BCRUA staff to discuss coordination in addressing
the HMG guidelines. This meeting occurred on March 14, 2019.
6.4.2 Obtain data from BCRUA, LCRA, the USGS and other sources. To the extent
possible, this data will be taken from previous studies of the Phase 2 project and
publicly available sources such as the USGS and the LCRA and BCRUA websites.
However, some data may need to be obtained directly from BCRUA or LCRA. Data
is to include but is not limited to:
6.4.2.1 Latest water demand projections for the users of the Phase 2 project
6.4.2.2 Historical water use by BCRUA and the Cedar Park and Leander water
treatment plants
Walker Partners �'F IC
engineers + surveyors M
6.4.2.3 Information on BCRUA organizational history and structure
6.4.2.4 Information on existing and proposed water supply contracts that will
be used to supply the BCRUA system
6.4.2.5 Historical diversions and spills/releases from Lake Travis
6.4.2.6 Historical water surface elevations and storage in Lake Travis
6.4.2.7 Applicable data from the LCRA Water Management Plan
6.4.2.8 A list of environmental studies initiated by LCRA and its partners
regarding instream flows and freshwater inflow needs for the lower
Colorado River and Matagorda Bay.
6.4.2.9 A list of available relevant hydrologic data and models of the LCRA
system.
6.4.3 Perform a screening-level analysis of the potential impacts of increased diversions
associated with the water from Lake Travis on storage and outflows from Lake
Travis.
6.4.4 Summarize these data in a report that addresses the HMG Tier 1 guidelines and
provides additional information relevant to the project. The HMG Report will
emphasize previous efforts that have established the reliable supply of the LCRA
system and environmental needs.
6.4.5 Meet with BCRUA to discuss the HMG Report (via conference call). Provide an
electronic copy (Microsoft Word and PDF)of the Initial Draft of the report for review
and comment. Revise report based on BCRUA comments and develop a Second
Draft Report for review by others.
6.4.6 Present relevant sections of the Second Draft Report in electronic format (Microsoft
Word and PDF) to LCRA for review and comment(via conference call). Address LCRA
comments and develop a Final Draft for submission to the USACE.
6.4.7 Meet with the USACE at the Fort Worth District offices to present the results of the
study. Provide a copy of the Final Draft HMG Report for review as a hard copy and in
electronic format (PDF).
6.4.8 Address questions and comments from the USACE and provide a Final HMG Report
to the Fort Worth District as a hard copy and in electronic format (PDF). Meet with
the USACE to discuss possible next steps in the permitting process related to the
HMG analysis. Review and comment on potential USACE permit conditions related
to the analysis.
ADDENDUM TO EXHIBIT C
WORK SCHEDULE
No changes to the Work Schedule are required.
01ealker Partners ��FREESE
ngineers * surveyors N[CHOLS
ADDENDUM TO EXHIBIT D
Fee Schedule
Total compensation for services under Supplemental Amendment No. 1 is estimated to be$75,496.
Total compensation for Task 6.0 — Agency and Stakeholder Coordination shall be increased by an
amount of$75,496 to$1,299,941.
Total compensation for the Project shall be adjusted to$13,697,291.
Total compensation for Lump Sum tasks shall be adjusted to be$12,593,533.
QlalkerPmners r
neers + surveyorsBNICHOLS
Freese and Nichols,Inc.
Brushy Creek Regional Utility Authority)(BCRUA) Project Fee Summery
Deep Water Intake.HMG Tier 1 Report Basic Services l 7579-6
41912018 Special Service_s
Detailed Fee Breakdown Total Project 75 498
FNI Effort
Employee ;-1.
al.npnr St"wae.n Tam G..dt •dam Cama, D-Hamn om Ln&o# Nan HarW SpmmrScb+ :EmFlanagm Total WalkerTonalLaborTotal Effort
Pro ec!Role .d., Em6eanedt &Tw,v,.r - t Total Hours Ea arae Partner
as Task Tasks , — , - � 1 res Ad rn �1- Effort Effort
1 _Servicesalrsaui Pedormed 18"5 42.5 17.5 20 97 S 28,268 i 218 f 2,360 S_ 29,646
2_ Dela Ga�arlrq 2 - 2 + - ti i - 4 f 960 f f_ - f_ 946
- --
3 5aesrllr�lev�l of l e-11s 122 5 5 610 f f f 5 410
— -- -
4 HMG Tier 1 Report(Includes udee resialon me)_ 38 2 2 6 B_ 56 f 14,850 _i—78 f 1.302 f 16,230
5 Meeb!!AwBhBCRUA 4-- '2 _ 2 3 -1 1! _ f 3.220_ S� - S 634 $ 3,854
_ 6 Meeting whh LCRA 4 2 2 3 -L 1 �1 13 f 3,220 S. 218 f 617 f 4,055
7 Present draft mj�M to USAGE 6 g g - _ — - f
- -
--`
,. 8 Fina_l HMG Tier 1 and discussion of next s _6-- -� 4-�q -r - -- - s 8_475
,900 S 218 2,360
2 -� - 14" S 4,130 $ - 724 S 4x54
9 F rojW MaosprrrMyy 1 116 S 2,610 S - f - S 2,610
- - -
Total Basle Services Hours 92.5 60; 34,5 34 4 8 4 _ 8! q 249 S 66,768IS 732 f 7,997 f 75,496
Total Basic Services Labor Efrortl S 27,298 S 17,553 f 10,178 S 6,290 S 1.020. f 1,490$ 480 f 1,480 S 1 000
T 11.02 PMTS-Special Services RequeslslHMG Tier 1 ReporfORAFTFee Spreadsheel for MGM Tier i Prep 4.9-19 temp V i DM a
WALKER PARTNERS/FREESE AND NICHOLAS JOINT VENTURE
By:
1%3 f g
Date
BR U EK REGI NAL UTILITY AUTHORITY, INC.
Andrea Navarrette, President
-/ q-1
_
Date
APP:ephan
OVED ' M:
TO FOR
By: r
L. Sheets, BCRUA Attorney