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BCRUA_R-22-06-22-6F RESOLUTION NO. R-22-06-22-6F 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. 13 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. 13, Now Therefore BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BRUSHY CREEK REGIONAL UTILITY AUTHORITY: That, subject to the approval of the Participating Cities, the Board President is hereby authorized and directed to execute on behalf of the BCRUA Supplemental Contract No. 13 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 22nd day of June, 2022. .1110.1614 A:409-3456 7111 N ' O E&THOMPSO ', President Brushy Creek Regional Utility Authority ATTF ST: REN - FLORES, Se y 2 BRUSHY:e7l REEK REGIONAL UTILITY AUTHORITY A Partn*rship of Cedar P—h. ,..ted. ...0 A—d Ila.k SUPPLEMENTAL CONTRACT NO. 13 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. 13 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, BCRUA and Engineer executed Supplemental Contract No. l on April 24, 2019 to amend 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 $13,697,291.00; and WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 2 on August 7, 2019 to amend the scope of services, specifically, Task 5.0 Special Services, and to increase the compensation by $42,348.00 to a total lump sum amount of $12,635,881.00 for a total project amount of$13,739,639.00; and WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 3 on March 5, 2020 to amend the scope of services, specifically, Task 6.0- Agency and Stakeholder Coordination, and to increase the compensation by $47,000.00 to a total lump sum amount of$12,682,881.00 for a total project amount of$13,786,639.00; and WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 4 on March 20, 2020 to amend the scope of services, specifically, Task 6.0 Agency and Stakeholder Coordination, and to increase the compensation by $18,155.00 to a total lump sum amount of$12,701,036.00 for a total project amount of$13,804,794.00; and Supplemental Contract Rev.03'2011 0140.4634-47;4867-3775-3379 215829 Exhibit "A" WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 5 on May 28, 2020 to amend the scope of services, specifically, Task 5.3.1 - Geotechnical Investigation, by reducing the compensation by $256,761.00 and adjusting the total Time and Materials amount to $846,997.00; and to reallocate $256,761.00 to Task 5.0 - Special Services and Task 6.0 - Agency and Stakeholder Coordination, and to modify the provisions for the scope of services for Task 5.0 by increasing the compensation by $24,212.00 to a total lump sum amount of $12,982,009.00 for a total project amount of$13,829,006.00; and WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 6 on October 22, 2020 to amend the scope of services, specifically, Task 5.0 Special Services, and to increase the compensation by $27,985.00 to a total lump sum amount of $13,009,994.00 for a total project amount of$13,856,991.00; and WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 7 on April 28, 2021 to amend the scope of services, specifically, Task 5.0 -- Special Services, and to increase the compensation by $137,201.00 to a total lump sum of$13,147,195.00 for a total project amount of$13,994,192.00; and WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 8 on June 7, 2021 to amend the scope of services, specifically, Task 5.0 - Special Services, and to increase the compensation by $47,238.00 to a total lump sum of$13,194,433.00 for a total project amount of $14,041,430.00; and WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 9 on August 17, 2021 to amend the scope of services, specifically, Task 5.0 Special Services, and to increase the compensation by $25,000.00 to a total lump sum of$13,219,433.00 for a total project amount of $14,066,430.000; and WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 10 on October 15, 2021 to amend the scope of services, specifically, Task 6.0 - Agency and Stakeholder Coordination, and to increase the compensation by $29,800.00 to a total lump sum of $13,249,233.00 for a total project amount of$14,096,230.00; and WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 1 I on October 20, 2021 to modify the provisions for basic engineering services and to increase the compensation by $745,999.00 to a total Time and Materials amount of$1,592,996.00 for a total project amount of $14,842,229.00; and WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 12 on December 14, 2021 to amend the scope of services, specifically, Task 6.0 - Agency and Stakeholder Coordination, and to increase the compensation by $33,250.00 to a total lump sum of $13,282,483.00 for a total project amount of$14,875,479.00; and WHEREAS, it has become necessary to amend the Contract to modify the provisions for basic engineering services and to increase the compensation by $22,641,893.00 to a total Time and Materials amount of$24,234,889.00 for a total project amount of$37,517,372.00; 2 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 (2) Not-to-Exceed Sum and Exhibit D, Fee Schedule shall be amended by increasing by $22,641,893.00 the not-to-exceed sum amount payable under the Contract for Engineering Services, to a total not-to-exceed amount of $24,234,889.00 for a total Project amount of$37,517,372.00, as shown by the attached Addendum to Exhibit D. IN WITNESS WHEREOF, BCRUA and the Engineer have executed this Supplemental Contract in duplicate. [signature pages follow] s WALKER PARTN -' By: Aa n Archer- Vice President June 7, 202.2 Date FREESE AND NICHOLS JOINT VENTURE By: 6-<- 1L Drew Hardin - Vice President June 10, 2022 Date 4 BRUSHY CREEK REGIONAL UTILITY AUTHORITY, INC. By: -- --— Na'Cole Thompson, BCRUA President Date APPROVED AS TO FORM: By: Stephan L. Sheets,BCRUA Attorney 5 ADDENDUM TO EXHIBIT B ENGINEERING SERVICES GENERAL The purpose of Supplemental Amendment No. 13 is to provide Construction Phase Services including contract administration and field observation services for the Phase 2 Raw Water Delivery System Project. Construction Phase Services shall commence with issuance of Notice-to-Proceed to the selected Contractor and will terminate upon completion of final project close-out with Texas Water Development Board(TWDB). Engineer shall furnish Resident Project Representatives(RPRs)including a full-time Construction Manager to assist in observing progress and quality of the Work, including field checks of materials and installed equipment and providing oversight for Construction Phase Services to provide further protection for Owner against defects and deficiencies in the Work. Construction Manager and RPRs are authorized representatives of the Engineer and will act as directed by and under the supervision of the Engineer. As used herein, the term Engineer includes the Construction Manager, RPRs, and any assistants or field staff. Engineer(including Construction Manager and RPRs)shall not supervise, direct, or have control over the Work or have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by the Contractor,for security or safety at the work sites,for safety precautions and programs incident to the Work or any Contractor's work in progress,for the coordination of the Contractor's work or schedules, or for any failure of the Contractor to comply with Laws and Regulations applicable to the performing and furnishing of its work. The Engineer(including Construction Manager and RPRs)neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform the Work, or any portion of the Work, in accordance with the Contract Documents. Contractor shall provide a temporary field office for daily use by Engineer as detailed in the Specifications. Engineer shall provide full-time day-shift visual observation of materials, equipment, and construction work to ascertain that the work is performed in substantial conformance with the contract documents and the design intent. It is anticipated that the Contractor choose to will work multiple shifts during construction of the tunnels and shafts. Full-time coverage by RPRs of second and/or third shifts will be performed as necessary depending on the nature of the work. Overtime work(i.e., work at times other than during regular working hours stipulated in Section 00700, General Conditions)has only been assumed for work that is directly related to underground construction. Any additional overtime work for all other(non-underground)construction activities shall be provided as an additional service. Should Contractor choose to work at times other than during regular working hours stipulated in the General Conditions, Contractor shall bear the cost of all additional overtime work performed by the Engineer as detailed in the specifications. 1 The assumed roles and responsibilities of the assigned RPRs are as follows: ■ Construction Manager. The single point of contact providing on-site,full-time oversight for Construction Phase Services. ■ Contract Administration Lead. Part-time support in administration of the Construction Management Plan. ■ Tunnel and Shaft Construction RPRs. Two field representatives and a Resident Engineer collectively providing full-time general observation of tunnel and shaft excavations and installation of ground support including but not limited to observation of required quality control and quality assurance testing related to tunnels and shafts, shotcrete nozzleman certification, shotcrete coring, shotcrete strength testing, rock bolt pull tests, and probe drilling. ■ Marine Construction RPR.A full-time RPR to observe construction of marine project elements. A boat shall be provided to facilitate transport to and from the marine operation. ■ General Construction RPRs. A Field Services Lead and three full-time RPRs to observe construction of project elements not related to tunnel and shaft excavation. Observe and monitor Contractor's work for conformance with the Contract Documents including but not limited to the following:site preparation, traffic control, site security, subgrade preparation, bedding and backfill placement and compaction, pipeline and ductbank installation, concrete placement including form work and rebar installation, mechanical installation including bolt torquing, submersible pump installation including torquing of bolts and cable testing, electrical and instrumentation wire pulling and terminations, paving,public coordination, building erection, tie-ins with existing utilities, coordination of materials testing, project cleanliness, and safety infractions. ■ Commissioning and Startup RPR. Provide RPR services as needed during commissioning and startup activities. BASIC SCOPE OF SERVICES Task 1.0- Project Management. 1.1 Construction Management Plan (CMP). 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, standard operating procedures, protocols and forms, and cost and schedule control. 1.2 Project Administration. 1.2.1 Manage and coordinate staff resources, subconsultants, and project planning. Conduct weekly team coordination meetings in person or by teleconference. 1.2.2 Implement an electronic files management system using FNI Manager and Microsoft Office 365 Sharepoint platforms for document control and document sharing. Host and maintain the sites and provide access and training to others as required. 1.2.3 Prepare and submit monthly invoices and project progress reports. 2 1.3 Attend monthly BCRUA Board meetings and provide status update on project schedule and financial status. 1.4 Development of a Public Website. 1.4.1 Develop and provide access to one website containing up to six (6) individual web pages.The website will be developed in a style similar to the branding of the Owner's existing website (www.bcrua.org).The website will include a custom URL such as, https//www.PROJECTNAME.com, where PROJECTNAME will be the project name as approved by the Owner. Services to include procurement of custom URL, system configuration, and applying for and obtaining a security certificate. Annual renewals of the URL registration will be required. It is anticipated that the website will be renewed for up to a five (5)year duration. 1.4.2 Upon completion of the initial website development and prior to public roll-out, the Owner will be provided with the link for review and comment. Two rounds of comments from the Owner for incorporation are anticipated with the initial website development. It is also anticipated that the website will require one overall comprehensive aesthetic update during the duration of the Project. This update is anticipated to also include two rounds of comment from the Owner for incorporation. 1.4.3 The website will be responsive in design and able to fit multiple sizes of interface screens including computers, tablets, and phones. 1.4.4 A common global navigation and global footer will be consistent across all pages providing links to various pages of the site and other webpages as defined by the Owner. A complaint management process with custom form and designated routing to an e-mail address to be included in the custom website build. 1.4.5 Maintenance and website content updates are anticipated at once per month. Services to include updating images, documents, upcoming schedule items, updated logos, miscellaneous web page content, and overall website maintenance. Task 2.0-Construction Administration and Observation. 2.1 Genera!Administration of Construction Contract. Consult with Owner and act as Owner's representative as provided in the General Conditions.The extent and limitations of the duties, responsibilities, and authority of Engineer as assigned in the General Conditions shall not be modified,except as Engineer may otherwise agree in writing. All of Owner's instructions to Contractor will be issued through Engineer, which shall have authority to act on behalf of Owner in dealings with Contractor to the extent provided in this Agreement and the General Conditions, except as otherwise provided in writing. 2.2 Pre-Construction Conferences. Facilitate a Pre-Construction Conference prior to commencement of Work at the Site. Participate in the following additional pre- construction conferences for specific work items as required by the Technical Specifications. 2.2.1 Intake Riser Installation. 2.2.2 Shotcrete. 3 2.2.3 Cellular Backfill Grout. 2.2.4 Main Shaft Construction. 2.2.5 Blind Bore Shaft Construction. 2.2.6 Raised Bore Shaft Construction. 2.2.7 Tunnel Excavation. 2.2.8 CIP Tunnel Liner. 2.2.9 CIP Shaft and Chamber Liner. 2.2.10 Steel Pipe Installation in Tunnel. 2.2.11 Secant Pile Construction. 2.2.12 HDD Crossings. 2.2.13 Trails End Road Riser Installation. 2.2.14 Trails End Road Connection to Existing 78"Transmission Pipe. 2.2.15 Submersible Pump Installation. 2.2.16 Startup and Commissioning 2.3 Schedules. Receive, review, and determine the acceptability of all schedules that Contractor is required to submit to Engineer, including the Progress Schedules, Schedules of Submittals, and Schedules of Values. 2.4 Survey. As appropriate,establish baselines and benchmarks for locating the Work, which in Engineer's judgment are necessary to enable Contractors to proceed. 2.5 Daily Field Reports. Summarize daily construction activities in a daily field report and submit to Owner. Daily field reports shall allow for the complete description and documentation of the weather conditions, work force, activities, production, safety observations, quality control activities,work in progress and accomplished, materials testing performed, and the identification and monitoring of any deviations. The daily reports shall assist Owner and Engineer with troubleshooting problems and serve as a comprehensive report of all issues encountered on the project and how they were corrected. Photo documentation shall also be kept and made available as part of the Project documentation. 2.6 Aerial Photographs. Perform up to 75 drone missions to collect high resolution orthomosaic aerial imagery and progress photo aerial imagery of the pump station, intake/maintenance building, and Trails End Road worksites by a DJI Mavic 2 Pro or similar drone with 20 MP Sensor. Upload JPG photos and orthomosaic maps to DroneDeploy account for viewing. Archive data upon project completion. 2.7 Observation of Construction. Observe, as an experienced and qualified professional, the progress and quality of Contractor's executed Work. Construction observation is not intended to be exhaustive or to extend to every aspect of Contractor's Work in progress or to involve detailed inspections of Contractor's Work in progress beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on Engineer's exercise of professional judgment. Based on information obtained during such visits and observations, Engineer will determine in 4 general if the Work is proceeding in accordance with the Contract Documents, and Engineer shall keep Owner informed of the progress of the Work. The purpose of Engineer's visits and observations are to enable Engineer to better carry out the duties and responsibilities assigned to and undertaken by Engineer during the Construction Phase, and, in addition, by the exercise of Engineer's efforts as an experienced and qualified design professional, to provide for Owner a greater degree of confidence that the completed Work will conform in general to the Contract Documents and that Contractor has implemented and maintained the integrity of the design concept of the completed Project as indicated in the Contract Documents. 2.7.1 Service of a specialty code compliance inspection firm will be utilized to inspect the Contractor's work for compliance with applicable building and fire codes for the Project. 2.8 Project Meetings. Attend and maintain active involvement in project related meetings excluding Contractor safety meetings. Types of meetings include construction progress, on- site troubleshooting, pre-paving, resolution, contractor weekly coordination, special review, public involvement, close-out meetings. It is anticipated that there will be weekly progress meetings, and one meeting per month will serve as the regular Owner Oversight Committee meeting. Prepare meeting minutes and retain the minutes as part of the Project documentation. 2.9 Construction Deviations, Deficiencies, and Non-Conforming Work. 2.9.1 Identify and record any observed construction deviations and deficiencies including any Work that is not defective under the terms and standards set forth in the Contract Document but is nonetheless not compatible with the design concept of the completed Project as a functioning whole. Notify Owner and Engineer, monitor the issue, and provide documentation until it is addressed and/or resolved. Provide recommendations as to whether such Work should be corrected, removed and replaced, or accepted as provided in the Contract Documents. Record noted deficiency and actions taken in daily field reports. Any stop-work orders or other penalties related to the noted deficiency may be initiated by Owner or Engineer. 2.9.2 Underwater Intake Inspection Observation. 2.9.2.1 Observe the progress and quality of Contractor's underwater construction activities related to the intake structures. Specific items to be observed include but are necessarily not limited to: 2.9.2.1.1 Field verification of lakebed elevation at both intake riser locations. 2.9.2.1.2 Alignment of intake tunnel with lower and upper tap locations. 2.9.2.1.3 Alignment and plumbness of lake tap bored shafts. 2.9.2.1.4 Casing installation, cutting and grouting. 2.9.2.1.5 Alignment and plumbness of intake risers. 5 2.9.2.1.6 Alignment and elevation of intake screens and other riser openings. 2.9.2.1.7 Installation of flange bolts including torque readings. 2.9.2.1.8 Integrity of booms, turbidity curtains and other water quality control measures implemented by Contractor. 2.9.2.2 Primary mode of observation will be with the use of an underwater robotic ROV equipped with enhanced lighting to support video recording and photo images, operated by an RPR. 2.9.2.3 Services of an underwater diving firm will be utilized when specific tasks must be performed that exceed the capabilities of the ROV. Up to six days of dive team inspection are anticipated, depending on the number of trips. 2.9.3 Engineer will have the authority to reject Contractor's Work while it is in progress if, on the basis of Engineer's observations, Engineer believes that such Work will not produce a completed Project that conforms generally to the Contract Documents or that it will threaten the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. However, neither Engineer's authority to reject Work nor Engineer's decision to exercise or not exercise such authority shall give rise to a duty or responsibility of the Engineer to Contractors, Subcontractors, material and equipment suppliers,their agents or employees,or any other person(s) or entities performing any of the Work, including but not limited to any duty or responsibility for Contractors' or Subcontractors' safety precautions and programs incident to the Work. 2.10 Design Conflicts. Summarize and present any design conflicts determined by Contractor or RPR for Owner review and action. Assist Owner by providing an opinion of appropriate action and prepare the necessary documents to initiate action and record the changes. 2,11 Clarifications and Interpretations;Field Orders. Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of Contractor's work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. Engineer will respond to appropriate Requests for Information (RFIs)from the Contractor. Engineer may issue Field Orders authorizing minor variations in the Work from the requirements of the Contract Documents that do not result in modifications to Contract Time or Price. Engineer shall issue up to 395 clarifications and interpretations in the form of RFI responses and Field Orders. 2.12 Change Orders and Work Change Directives. Recommend Change Orders and Work Change Directives to Owner, as appropriate, and prepare Change Orders and Work Change Directives as required (total of 175). 2.13 Shop Drawings, Submittals and Samples. Review and accept or take other appropriate action in respect to Shop Drawings,Submittals and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed 6 Project as a functioning whole as indicated by the Contract Documents. Such reviews and acceptance or other action will not relieve the Contractor of sole responsibility for means, methods,techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. Engineer shall meet any Contractor's submittal schedule that Engineer has accepted. Engineer shall review up to 1,060 Shop Drawings and Samples. 2.14 Substitutes and "or equal'. Evaluate and determine the acceptability of substitute or"or- equal" materials and equipment proposed by Contractor (total of 60). 2.15 Inspections and Tests. Require such special inspections or tests of Contractor's work as deemed reasonably necessary. Owner shall contract with the materials testing firm directly. 2.15.1 Assist in scheduling of construction materials testing with the approved independent testing laboratory on behalf of Owner or the Contractor as required in the contract documents. Observe testing and review testing results. Notify all parties immediately of test results that do not meet the minimum requirements of the contract specifications. A copy of the test results shall be retained as part of the Project documentation. 2.15.2 Receive and review all certificates of inspections,tests, and approvals required by Laws and Regulations or the Contract Documents. Engineer's review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. Engineer shall be entitled to rely on the results of such tests. 2.15.3 Assist with certification of pay requests by the Owner contracted materials testing firm. 2.16 Geotechnical Instrumentation and Third-Party Complaint Management. 2.16.1 Geotechnical Instrumentation. 2.16.1.1 Coordinate with the Contractor to provide observation of the installation of proposed geotechnical instrumentation. 2.16.1.2 Perform survey, monitoring, and data collection of installed instrumentation, including monitoring wells and piezometers installed prior to construction. Monitoring will include the use of automated data loggers or remote sensing as applicable. 2.16.1.3 Intermittently plot and analyze data and provide status reports during tunnel and shaft construction and for a period of time following completion of the underground construction. 2.16.1.4 Organize and file all data and analyses. 2.16.1.5 Perform historical InSAR analysis for baseline data set and current conditions report. 2.16.1.6 Install, maintain, and verify InSAR corner reflectors. Verification to include corner reflector position and data repeatability. 7 2.16.1.7 Provide intermittent updates to the InSAR deformation monitoring . Each update will include InSAR image processing for deformation analysis and report of conditions shall include all available data from the historic analysis to the time of the report. Assume 4 updates will be conducted to correlate with surface settlement monitoring data obtained by survey and to respond to homeowner concerns. 2.16.2 Third Party Complaint Management. 2.16.2.1 Receive, review, and respond to property owner complaints regarding construction-induced impacts such as ground movements and groundwater well levels or groundwater quality. Up to ten complaints are assumed. 2.16.2.2 Response may include or require analysis of monitoring data, construction activities, progress schedules, and construction data such as groundwater discharge or grout volumes. 2.17 Quality Control and Inspection Plan (QCIP). Review project contract documents and summarize the Quality Control, Quality Assurance, and material testing requirements and their required procedures and frequencies in a ACIP. 2.18 Project Documentation and Records. As described herein, copies of all relevant Project documentation shall be compiled and retained in an orderly fashion. Types of documentation anticipated include, but are not limited to, construction contract, daily field reports, photographs, submittals, RFIs, change orders, notifications and other project correspondence. Make Project records available to Owner upon request for Owner's review, audit and/or examination at Owner's cost and expense. 2.19 Disagreements between Owner and Contractor. Render formal written decisions on all duly submitted issues relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents pertaining to the execution, performance,or progress of Contractor's Work; review each duly submitted Claim by Owner or Contractor, and in writing recommend to Owner either to deny such Claim in whole or in part, approve such Claim, or decline to resolve such Claim if Engineer in its discretion concludes that to do so would be inappropriate. In rendering such decisions, Engineer shall be fair and not show partiality to Owner or Contractor and shall not be liable in connection with any decision rendered in good faith and while applying sound engineering practices in such capacity. 2.20 Disputes and Disputes Resolution Board(DRB). Assist the Owner in the DRB process. 2.20.1 Assist the Owner in selecting their DRB member for approval by Contractor.Assist in reviewing the DRB member selected by the Contractor.Assist the Owner in reviewing the third DRB member selected by the first two approved members. Assist the Owner in reviewing the chair of the board nominated between three approved board members. 2.20.2 Facilitate quarterly meetings with the Owner, Contractor, and DRB. Prepare and distribute meeting minutes. Provide DRB members with updates between quarterly meetings as required. 8 2.20.3 Receive or initiate dispute referrals and Claim Documents as required. Submit or receive rebuttal documents as required. Participate in hearings as required. Provide a recommendation to the Owner to accept or reject the Dispute Resolution Board written recommendations in whole or in part as required. A total of three DRB referrals is assumed. 2.21 Escrow Bid Documents(EBD). Receive the Escrow Bid Documents prepared by the successful proposer(Contractor) and review for acceptance against the requirements outlined in the General Conditions Paragraph 18.13. Owner to hold the Escrow Bid Documents in escrow for the duration of the Contract and applicable warranty periods and safeguard all information contained herein, against disclosure. The Escrow Bid Documents shall constitute all the information used in preparation of the Proposal and no other proposal preparation information shall be considered in resolving disputes or claims or negotiation of change orders to the Contract. Nothing in the Escrow Bid Documents shall change or modify the terms or conditions of the Contract Documents. 2.22 Applications for Payment. Based on Engineer's observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: 2.22.1 Determine the amounts that Engineer recommends Contractor be paid. Coordinate with Contractor for correction of any erroneous pay items before the pay application is approved and submitted to Owner. Such recommendations of payment will be in writing and will constitute Engineer's representation to Owner, based on such observations and review, that,to the best of Engineer's knowledge, information and belief, Contractor's Work has progressed to the point indicated,the quality of such Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion,to the results of any subsequent tests called for in the Contract Documents, and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe Contractor's Work. In the case of unit price work, Engineer's recommendations of payment will include final determinations of quantities and classifications of Contractor's Work(subject to any subsequent adjustments allowed by the Contract Documents). 2.22.2 By recommending any payment, Engineer shall not thereby be deemed to have represented that observations made by Engineer to check the quality or quantity of Contractor's Work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor's Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose on Engineer responsibility to supervise, direct, or control Contractor's Work in progress or for the means, methods,techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor's compliance with Laws and 9 Regulations applicable to Contractor's furnishing and performing the Work. It will also not impose responsibility on Engineer to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the Work in progress, materials, or equipment has passed to Owner free and clear of any liens,claims, security interests, or encumbrances, or that there may not be other matters at issue between Owner and Contractor that might affect the amount that should be paid. 2.22.3 Engineer shall review and recommend payments for up to 90 Contractor applications for payment which assumes a 50%resubmittal rate. 2.23 Certificates, Operation and Maintenance Manuals. Verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Contract Documents to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. Engineer shall receive, review, approve and transmit up to 140 operation and maintenance (0&M) manuals. 2.24 Welding and Coating Inspections. 2.24.1 Provide an AWS QC1 Certified Welding Inspector, NDE Level III Certified individual to review paperwork required to be submitted by the Contractor. Review in accordance with ASME BPVC Section IX,AWS D1.1/D1.1M and AWS 82.1 as applicable. Review Welding Qualification Record (WQR) of welders,Welding Procedure Qualification Records (WPQR), and Welding Procedure Specification (WPS). 2.24.2 Provide oversight by an Engineering Technician,AWS QC1 Certified Welding Inspector, NDE Level III and NACE Level III Certified Coating Inspector for the field welding, bolting, coatings and NDE.The objective of this project is to provide quality control tests of welding during the welding of the steel pipe, brackets, structural connections, bolting of structural members, surface preparation, coatings application and conduct applicable NDE . Inspection/Testing visits will be strategic hold-points as the construction schedule requires. 2.24.3 Conduct site visits to observe and inspect the quality of the executed work in accordance with the applicable codes,standards and sections of the Technical Specifications. In performing these services, reasonable measures will be taken to protect the Owner against defects and deficiencies in the work of the Contractor. Responsibility for the actual supervision of construction operations, safety measures, quality assurance and control measures that the Contractor takes or should take cannot be guaranteed. 2.24.3.1 Welding, Fabrication and Erection Inspection. 2.24.3.1.1 Verify proper welding electrodes and electrode storage to be used on Project. 10 2.24.3.1.2 Conduct inspections on shop fabricated components at manufactures shop as required by specification. 2.24.3.1.3 Conduct observations of pipe and building erection practices and fit-up. 2.24.3.1.4 Conduct Certified Welding Inspection per AWS D1.1 and AWWA C206. 2.24.3.1.5 The inspection methods to be implemented for the above inspection may consist of Visual Testing(VT), Magnetic Particle Testing(MT), Dye Penetrant Testing(PT) and Ultrasonic Testing(UT) in accordance with the Contract Specifications. 2.24.3.1.6 Provide a technical report with documentation of the procedure review results, observation results and photographs of the construction inspection/testing performed. 2.24.3.2 Surface Preparation and Coating Inspection 2.24.3.2.1 Pre-surface preparation inspection. 2.24.3.2.2 Measurement of ambient conditions. 2.24.3.2.3 Evaluation of compressor and surface preparation equipment. 2.24.3.2.4 Determination of surface preparation cleanliness and profile. 2.24.3.2.5 Inspection of application equipment. 2.24.3.2.6 Randomly observe coating mixing. 2.24.3.2.7 Randomly observe coating application. 2.24.3.2.8 Randomly take wet film thickness. 2.24.3.2.9 Determination of dry film thickness. 2.24.3.2.10 Evaluating cleanliness between coats. 2.24.3.2.11 Perform adhesions test when required. 2.24.3.2.12 Witness Contractor conducted holiday testing when applicable. 2.24.3.2.13 Evaluate cure. 2.24.3.2.14 Provide a technical report with documentation of the procedure review results, observation results and photographs of the construction inspection/testing performed. 2.24.3.3 Quantity estimates for welding and coating inspections have been determined from the Contract Documents. Inspections are subject to changes as the Contractor schedules and executes the Work. The following is an itemized summary of assumed inspections. 11 2.24.3.3.1 Lake Tap—20 welding inspections, 26 coating inspections, 20 days of shop inspections. 2.24.3.3.2 Pump Station, Cedar Park and Sandy Creek WTPs—117 welding inspections and corresponding coating/lining repairs, 2 steel pipe manufacturer plant inspections, 1 fabrication shop inspection of the 78" x 78"x 36" cross, and one fabrication shot inspection of the 78" wye on the pigging line. 2.24.3.3.3 Transmission Tunnel—104 internal 78" full circumferential lap welds with mortar lining repair, 260 grot plug welds with mortar lining repair, 5 field welds at the 90-degree bend with mortar lining repair. 2.24.3.3.4 Trails End Road Shaft—5 full circumferential welds with mortar lining and polyurethane coating repair, 1 fab shop inspection of the 90 bend. 2.24.3.3.5 Trails End Road Open Cut Pipeline—7 welding inspections, 1 fab shop inspection of the dished head plug. 2.24.3.3.6 Trails End Road Vault—coatings inspections of exposed steel in vault and exposed air piping in and above vault. 2.24.3.3.7 Pump Station Structural Steel—100%visual inspection of approximately 1,600 inches of field welds, NDE of 20" of CIP welds, high strength bolting inspection, nelson stud weldiing inspection for 650 studs, inspection of repairs to galvanizing damaged by field welding. 2.24.3.3.8 Additional Shop Inspections—one fab shop inspection of the 30" manway tee with blind flange, FLxPE spool with internal dished head plug, FLxFL spool. 2.24.3.3.9 Architectural Coatings Inspections—24 DFT tests at various building sites. 2.24.3.3.10 Chemical Resistant Coatings (Maintenance Building and Pump Station)—46 hold point inspections, 75 adhesion tests, 54 wet film tests, 8 holiday test, 2 applicator prove- out tests. 2.25 Commissioning and Startup. 2.25.1 Pre-Commissioning. 2.25.1.1 Develop Verification Checklists(VCs) and Functional and Performance Test Packages (FAPTPs)for each of the unit process systems identified in the Commissioning and Start-Up Plan (total of 29).The VCs and FAPTPs shall encompass all required testing for each identified system and include step-by-step procedures and placeholders for data collection and signoff, such that the Contractor may utilize the documents to 12 complete testing activities and document the results.The completed VCs and FAPTPs will be used to demonstrate compliance with the Contract requirements as they pertain to equipment testing and startup, document each system's readiness to be placed in service, and provide baseline operations data for major equipment. 2.25.1.2 Review submittals related to commissioning and startup including training plans and trainer qualifications,training video/audio recordings and sign-in sheets, completed VCs and FAPTPs for conformity with the Contract requirements. A total of approximately 86 submittals is anticipated. 2.25.2 Commissioning Oversight and Coordination. 2.25.2.1 Oversee and witness field activities related to commissioning and startup to ensure equipment, instrumentation, and components are tested per the Contract requirements, including reviewing test reports, overseeing the implementation of each VC and FAPTP, and planning and overseeing Project-wide testing activities that affect multiple systems (such as simulating a power outage to test the surge system or completing the 30-day Demonstration Period/Acceptance Test). 2.25.2.2 Schedule and attend commissioning coordination meetings including development and distribution of agendas and meeting minutes to all parties. 2.25.2.3 Provide coordination and oversight of the commissioning/startup process and other aspects of construction that may impact existing WTP operations. This activity includes general turnover coordination, such as ensuring spare parts, asset management information,warranty information, final O&M manuals, and any other required information has been provided to the Owner and all required testing has been completed prior to Owner's acceptance of any portion of the Project. Coordinate with the Contractor, Owner, and other stakeholders during the planning and implementation of tie-ins and any other activities that may impact existing water treatment plant operations to ensure the work is planned in accordance with the Contract Documents and plant operations are maintained throughout the duration of the activity. 2.25.2.4 Assist in scheduling training sessions in accordance with Owner preferences and contractual requirements and confirm training is delivered in accordance with the Contract Documents. 2.26 Factory Witness Testing. Provide factory witness testing services as described in the Technical Specifications and Commissioning and Startup Plan. Factory witness is to be provided by the Engineer per the following: 2.26.1 Specification Section 2612 19, Pad-Mounted, Liquid-Filled, Medium Voltage Transformers 2.26.2 Specification Section 2613 26, Medium-Voltage Metal-Clad Switchgear 13 2.26.3 Specification Section 26 23 00, Low Voltage Metal Enclosed Switchgear 2.26.4 Specification Section 26 29 23, Medium Voltage Variable Frequency Drives 2.26.5 Specification Section 26 33 53.01, Industrial DC Uninterruptible Power Supply 2.26.6 Specification Section 26 35 33.02, Medium-Voltage Power Factor Correction Equipment 2.26.7 Specification Section 40 90 02, Supervisory Control and Data Acquisition (SCADA) System 2.26.8 Specification Section 40 05 50 Fabricated Gates 2.26.9 Specification Section 43 25 13, Submersible Turbine Pumps (total of four) 2.26.10 Specification Section 43 42 21, Welded Stainless Steel Surge Tank 2.27 Project Risk Management. Conduct formal and informal project risk management tasks. 2.27.1 Review existing project risk register and coordinate with the Owner in developing a construction phase risk register that can be shared with the Contractor. 2.27.2 Formal qualitative updates: organize and facilitate formal qualitative risk workshops on a bi-annual basis (total of 10). Attendees to include representatives from the Engineer, Owner, and the Contractor. Subsequently update the risk register and issue a Qualitative Risk Analysis Report. 2.27.3 Actively follow-up on the Owner's, Engineer's, and Contractor's assigned mitigation measures(activities). 2.27.4 Informal updates: Between formal updates, provide updates to the risk register based on informal meetings, mitigation measure follow-up, progress meetings, submittals received, or otherwise progress of the project. 2.27.5 Quantitative Schedule Analysis: As necessary,facilitate a quantitative schedule workshop and perform a quantitative schedule analysis to determine confidence that key milestones or completion dates will be met. Issue Quantitative Schedule Analysis Report. A total of two Quantitative Schedule Analyses are assumed. 2.27.6 Quantitative Cost Analysis: As necessary, facilitate a quantitative cost workshop and perform a quantitative cost analysis to assess the project's cost risk exposure (i.e., potential change orders) versus available contingency funds. Issue Quantitative Cost Analysis Report. Report will include an analysis of the contingency spending to date. A total of four Quantitative Cost Analyses are assumed. 2.28 Substantia!Completion. Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with Owner, Engineer and Contractor, conduct an inspection to determine if the Work is substantially complete. If after considering any objections of Owner, Engineer considers the Work substantially complete, Engineer shall deliver a certificate of Substantial Completion to Owner and Contractor. Engineer shall attach to the certificate a punch list of items to be completed or corrected by the Contractor before final payment. 2.28.1 Interim Completions. It is anticipated that there may be interim milestones of completion for certain elements of the work, such as the marine intakes, intake 14 tunnel, suction chamber and main shaft,transmission tunnel and riser, maintenance building, and other project elements.A total of seven interim completion reviews are anticipated. Interim Completions will be conducted similar to the Substantial Completion process. 2.29 Contractor's Completion Documents. Receive, review, and transmit to Owner maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by the Contract Documents, certificates of inspection,tests and approvals, Shop Drawings, Samples and other data approved, and the annotated record documents which are to be assembled by Contractor in accordance with the Contract Documents to obtain final payment. 2.30 Final Notice of Acceptability of the Work. Conduct a final inspection to determine if the completed Work of Contractor is acceptable so that Engineer may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Engineer shall also provide a notice that the Work is acceptable to the best of Engineer's knowledge, information, and belief and based on the extent of the services provided by Engineer under this Agreement. 2.31 Record Drawings. Receive as-built drawings submitted monthly in electronic PDF format by Contractor using Bluebeam Revu software. Review for comprehensiveness and accuracy and provide comments back to Contractor as needed prior to contractor's submission of monthly Applications for Payment. Review and compile final as-built drawings as received from Contractor in electronic format using Bluebeam Revue software and produce as-recorded drawings for the Owner. Upon receipt of as-built or record documents from Contractor, which have been determined by Engineer to be comprehensive and generally accurate, Engineer shall produce as-recorded drawings for the Owner's use within sixty(60) days. Engineer does not warrant the accuracy of as-built or record information provided by Contractor. 2.32 Limitation of Responsibilities. Engineer shall not be responsible for the acts or omissions of any Contractor, or of any subcontractors, suppliers, or other individuals or entities performing or furnishing any of the Work. Engineer shall not be responsible for the failure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. 2.33 Project Close-Out. Verify weekly that the Contractors are preparing and maintaining record documents in accordance with the Contract. Participate in site visits regarding Substantial Completion. Support Owner and Engineer in compiling a work list of known punch-list items. Observe whether items on the punch list have been completed or corrected and coordinate and attend a punch list walk-through.Assist Owner in compiling and confirming that all required project close-out documentation has been received and make recommendations concerning acceptance. 2.34 TWDB Project Close-out Procedures. Coordinate with TWDB to conduct a final inspection of the Project and submit close-out documents including a final change order, if any, final pay application, affidavit from Contractor that all bills have been paid, certificate from Engineer that work is completed in accordance with the Contract Documents, written resolution of 15 acceptance of the Project by Owner, notification of the beginning date for the warranty period, and confirmation that record drawings have been received from the Contractor. Task 3.0-Agency and Stakeholder Coordination. 3.1 Village of Volente 3.1.1 Develop and present two town-hall style presentations to provide a project update to the Village. 3.1.2 Roadway Assessment Support. 3.1.2.1 Review the results of a Pre-construction Condition Assessment performed by a third party. 3.1.2.2 Attend a Post-construction Condition Assessment with Owner and the Village to assess post-construction roadway conditions. It is assumed that the assessment will be performed by a third party. Review the recommendations of the third party. 3.1.2.3 Review Contractor's proposed pavement repairs with the Village for pavement repairs required within the Village corporate limits. 3.1.3 Traffic Management. 3.1.3.1 Review Traffic Management Plan prepared by Contractor for Work in the Village city limits. 3.1.3.2 Coordinate with Contractor to review compliance with the Traffic Management Plan and requirements of the Interlocal Agreement between the Village and Owner. 3.1.4 Develop and implement a complaint management process with designated points of contact to evaluate and respond to concerns regarding the construction of the Project in Village city limits. 3.1.5 Coordinate with Contractor to confirm that certificates of insurance comply with the requirements of the Interlocal Agreement between the Village and Owner. 3.2 U.S.Army Corps of Engineers. 3.2.1 Conduct a Pre-construction meeting with the Contractor detailing the terms and conditions of the Nationwide Permit (NWP) 39 permit. Notify USACE of the meeting at least two weeks in advance of the meeting. Provide written confirmation to USACE that the meeting was held within two weeks following the meeting. 3.2.2 Coordinate with USACE to obtain reverification of the NWP 39 that will expire prior to expiration of the current authorization. Contact the USACE regulatory project manager by telephone to discuss the proposed project schedule and prepare a letter requesting that the project remain authorized or be issued reverification. Coordinate with the Owner on the results of the coordination with the USACE. 3.2.3 Conduct pre and post-construction inspections of the proposed intake site, temporary launch/disposal site, and the Trails End Road site. Submit a final written compliance report to the USACE within 60 days after the completion of all construction 16 3.3 Texas Commission on Environmental Quality(TCEQ). 3.3.1 Support the City of Cedar Park, City of Leander, and City of Round Rock with implementation of lead and copper tap sampling and water quality parameter sampling for two consecutive 6-month periods based on the addition of a new source and treatment. 3.3.2 Support Owner in the development of an emergency remediation plan to address contamination of the lake source water. 3.3.3 Submit notification of project completion attesting to the fact that the Work has been completed in accordance with the plans on file with TCEQ. 3.4 Pedernales Electric Cooperative(PEC).Support Owner in development of the Permanent Power Agreement with PEC. No design phase or construction phase support services are included. 3.5 Travis County 3.5.1 Coordinate and attend a Pre-construction meeting with the County. Prepare and distribute meeting minutes. 3.5.2 Roadway Assessments. 3.5.2.1 Review the results of a Pre-construction Condition Assessment of Lime Creek Road from Anderson Mill Road to the Pump Station performed by a third party. 3.5.2.2 Attend a Post-construction Condition Assessment with Owner and the Travis County to assess post-construction roadway conditions of Lime Creek Road. It is assumed that the assessment will be performed by a third party. Review the recommendations of the third party. 3.5.2.3 Review Contractor's proposed pavement repairs with the Travis County for pavement repairs required along Lime Creek Road from Anderson Mill Road to the Pump Station. 3.5.3 Traffic Management. 3.5.3.1 Review Traffic Management Plan prepared by Contractor for Work in the Travis County jurisdiction. 3.5.3.2 Coordinate with Contractor to review compliance with the Traffic Management Plan and requirements of the permit with Travis County. Review up to 15 specific Traffic Control Plans developed by the Contractor. 3.5.3.3 Coordinate with Travis County and contractor for placement and messaging for message boards along Lime Creek Road 3.5.3.4 Coordinate with Leander ISD and local Emergency Services District to establish points of contact and communication protocol. 17 3.5.4 Develop and implement a complaint management process with designated points of contact to evaluate and respond to concerns regarding the construction of the Project along Lime Creek Road from Anderson Mill Road to the Pump Station 3.5.5 Prepare and submit a Private Water Quality Control (PWQC) Maintenance Plan to the County after the pond is constructed. Record the PWQC Maintenance Plan and restrictive covenant document at the County Clerk's Office. 3.5.6 Prepare and submit a concurrence letter to the County confirming that no unapproved structural field changes have occurred. The concurrence letter will be submitted to the County at Substantial Completion. 3.6 City of Austin 3.6.1 Coordinate and attend a Pre-construction meeting with the City. Prepare and distribute meeting minutes. 3.6.2 Provide a total of six periodic progress reports to the City. 3.6.3 Prepare and submit a concurrence letter to the City confirming that no unapproved structural field changes have occurred. The concurrence letter will be submitted to the City at Substantial Completion. 3.7 Lower Colorado River Authority. Coordinate with the Owner and LCRA related to the development and execution of a Buoy Maintenance interlocal agreement. Task 4.0-Additional Services The following Additional Services are not included in the Scope of Services and will not be performed unless specifically authorized by the Owner: 4.1 Preparing to serve or serving as a consultant or witness for Owner in any litigation or arbitration. 4.2 Services required due to delays or other causes beyond Engineer's control. 4.3 Work required for providing OSHA approved and safe access to areas of the Project for welding and coating inspections. It is assumed that the Contractor will provide safe access to all areas of the Project for observations and inspections. 4.4 Providing assistance in responding to the presence of any Constituent of Concern at the Site, in compliance with current Laws and Regulations. 4.5 Providing assistance in responding to the presence of any endangered species encountered at the Site. 4.6 Preparation of comprehensive operation and maintenance manuals beyond that required to be supplied by the Contractor within the Construction Contract. 4.7 Preparing additional Bidding Documents or Contract Documents for alternate bids or prices requested by Owner for the Work or a portion thereof. 4.8 Assistance in connection with Bid protests, rebidding, or renegotiating contracts for construction, materials, equipment, or services. 4.9 Providing follow-up construction management services during Contractor's warranty period. 18 4.10 Working with Contractor's surety in the event of Contractor default or termination for cause. 4.11 Providing support for design and/or construction of the PEC Permanent Power Project. 4.12 Providing IBC special inspections. 4.13 Providing construction surveys and staking to enable Contractor to perform its work. 4.14 Other services performed or furnished by Engineer not otherwise provided for in this Agreement. 19 ADDENDUM TO EXHIBIT C WORK SCHEDULE Construction Phase will commence with the issuance of NTP for the Project or any part thereof and will terminate upon completion of final project close-out with Texas Water Development Board. It is expected that the Construction Period will be sixty (60) months. Engineer shall be entitled to an equitable increase in compensation if Construction Phase services are required after the original dates for final completion of the Work, as set forth in the Construction Contracts, or if required due to Contractor delay beyond Substantial or Final Completion. ADDENDUM TO EXHIBIT D FEE SCHEDULE Total compensation for Basic Services set forth in Addendum to Exhibit B under Supplemental Amendment No. 13 is estimated to be $22,641,893. Total compensation for the Project shall be adjusted to$37,517,372. OWNER shall pay ENGINEER for Basic Services set forth in Supplemental Amendment No. 13 on the basis of Standard Hourly Rates as described in Paragraph 2.0 of Exhibit D of the Contract. ENGINEER'S labor and fee summaries are attached as Appendix 1. The Standard Hourly Rates Schedule is attached as Appendix 2. Brushy Creek Regional Utility Authority Appendix 1 to Exhibit D Phase 2 Raw Water Delivery System-Construction Phase Services Summary Fee Schedule Description Total Fee Engineering Team Se S2 $9,241,645 Field Team Service $13,400,248 $13,400,248 Year 2022 $1,307,834 Year 2023 $3,034,645 Year 2024 $3,420,322 Year 2025 $2,435,745 Year 2026 $2,369,832 Year 2027 $831,869 Grand Total $22,641,893 ' Reference Engineering Team Detailed Cost Breakdown Reference Field Team Detailed Cost Breakdown IIII �I� psi i�aa��sis�is� s'os � ■o�� ai�i I� IIm �,n� p �a � as x W 0 T x a Wcl clA'� 6 Q ix O M M M M N N.N N M M N M M M N M N N.. .... ....... 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Appendix 1 to Exhibit D (FNI Detailed Cost Breakdown) rtiwytiy �y Wti Appendix 1 to Exhibit D Brushy Creek Regional Utility Authority Phase 2 Raw Water Delivery System-Construction Phase Services Detailed Cost Breakdown-Field Team Description Firm Name Level of Effort Start End Rate Total Fee FTE Total $1 Hr' Months Flours Construction Management $4,817,410 Construction Manager WP Joerg Moser 1 1 6/1/2022 8/1/2027 $ 298 $3,763,108 69 12,003 Contract Administration Lead FNI Kent Power 0.3 6/1/2022 3/31/2027 $ 188 1 $620,069 17 1 3,014 Document Control WP Megan Yen 0.2 6/1/2022 711!2027 $ 125 $296,659 12 1 2,148 Construction Management Coordinator FNI Brent Millar 0.05 6/1/2022 3/31/2027 $ 240 $137,573 3 522 Tunnels And Shafts Field Services $3,704,287 Tunnels&Shafts Resident Engineer SCH Matt Koziol 1 1 7/1/2022 4/30/2025 $ 215 $1,472,931 37 6,478 T&S Senior Field Re resentative Shift 1 SCH Denver Chandler 1.5 9/1/2022 3/1/2025 $ 165 $1,407,486 47 8,054 T&S Senior Field Representative-Shift 2 SCH TBD 1.5 7/1/2023 12/31/2024 $ 165 $823,869 27 4,677 Facilities Field Services $4,648,667 Field Services Lead FNI David Cannaliato 10 6/1/2022 5/31/2027 $ 208 $2,380,540 60 10,392 Facilities Field Representative 1 WP TBD 1.0 9/1/2025 1/31/2027 $ 145 $496,112 17 2,945 Facilities Field Representative 2 FNI Will Flani in 1 1.0 6/1/2025 12/31/2026 $ 135 $512,355 19 3,291 MannelFarilities Field Representative FNI Junior Henson 10 1/1/2023 6/30/2026 $ 145 $1,154,659 42 7,275 Underwater Inspection ODU US Underwater $105,000 0 0 Miscellanous $229,885 Miscellaneous,Specialty PPE 8/1/2022 12/31/2026 $3,616 Work Boat 911!2022 12131/2024 $45,616 IBC Special Inspections 6/1/2025 12/31/2026 $0 Underwater Inspections-Amphibious ROV 1/1/2023 6130/2025 $10,500 Office Supplies 6/1/2022 3/31/2027 $6,300 Observation Cameras 8/1/2022 12/31/2026 $97,435 Information Technology 7/1/2022 12/31/2026 $40,872 Meals,others 7/1/2022 12/31/2026 $25,545 Total Field Services Fee Totals $13,400,248 351 60,799 '4%annual escalation except CM at 2%escalation 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: Classification Rate Classification Rate Manager VII/Principal $300/hour Professional VII $125-150/hour Manager VI $290-299/hour Environmental III $250-275/hour Manager V $270-289/hour Environmental II $210-249/hour Manager IV $255-269/hour Environmental I $180-209/hour Manager III $240-254/hour Professional VI $110-124/hour Senior Engineer IV $275-290/hour Professional V $100-109/hour Senior Engineer III $250-274/hour Professional IV $95-99/hour Senior Engineer II $225-249/hour Professional III $90 94/hour Senior Engineer I $200-224/hour Contract Admin Lead $185-195/hour Survey Manager $200-215/hour Construction Manager IX $280-300/hour Project Manager IX $225-240/hour Construction Manager VIII $250-279/hour Project Manager VIII $215-224/hour Field Representative VII $224-244/hour Project Manager V $185-214/hour Field Representative VI $190-224/hour Project Manager IV $175-184/hour Field Representative V $170-189/hour Project Manager III $165-174/hour Field Representative IV $149-169/hour Project Manager II $150-164/hour Field Representative III $125-149/hour Project Manager I $140-149/hour Technician XII $175 185/hour Project Engineer IV $150-165/hour Technician XI $160-174/hour Project Engineer III $135 149/hour Technician X $150.159/hour Project Engineer II $120-134/hour Technician IX $140-149/hour Project Engineer I $110-119/hour Technician VIII $125.139/hour Project Scheduler $185-200/hour Technician VII $110-124/hour Tunnel Resident Engineer $215-230/hour Technician VI $95-109/hour Commissioning SME $247-260/hour Technician V $90-94/hour Commissioning Engineer $185-200/hour Technician IV $80-89/hour Commissioning Specialist $190-210/hour Support Staff V $100-120/hour Welding Inspector $120-150/hour Support Staff IV $90-99/hour Risk Management Lead $321-350/hour Support Staff III $80-89/hour RM Sr.Associate $290-340/hour Support Staff II $70-79/hour RM Associate $245-289/hour Support Staff I $60-69/hour RM Technical Associate $185.220/hour 3-Man Crew $225-250/hour Website Specialist $170-185/hour 2-Man Crew $165-224/hour 22 ORIGINAL EXECUTED DOCUMENT TO FOLLOW. . . :e7ZBRUSWCP1R REGIONAL UTILITY AUTHORITY A Fa.a...+r.p y C•oa, i}.a lr414,1. 1n11 61O.nd Roth SUPPLEMENTAL CONTRACT NO. 13 TO CONTRACT FOR ENGINEERING SERVICES FIRM:WALKER PARTNERSIFREESE 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. 13 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, BCRUA and Engineer executed Supplemental Contract No. 1 on April 24, 2019 to amend 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 $13,697,291.00; and WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 2 on August 7, 2019 to amend the scope of services, specifically, Task 5.0 — Special Services, and to increase the compensation by $42,348.00 to a total lump sum amount of $12,635,881.00 for a total project amount of$13,739,639.00; and WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 3 on March 5, 2020 to amend the scope of services, specifically, Task 6.0— Agency and Stakeholder Coordination, and to increase the compensation by $47,000.00 to a total lump sum amount of$12,682,881.00 for a total project amount of$13,786,639.00; and WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 4 on March 20, 2020 to amend the scope of services, specifically, Task 6.0 — Agency and Stakeholder Coordination, and to increase the compensation by $18,155.00 to a total lump sum amount of$12,701,036.00 for a total project amount of$13,804,794.00; and Supplemental Contract Rev.03+201 I 0140.4634-47;4867-3775-3379 215829 WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 5 on May 28, 2020 to amend the scope of services, specifically, Task 5.3.1 - Geotechnical Investigation, by reducing the compensation by $256,761.00 and adjusting the total Time and Materials amount to $846,997.00; and to reallocate $256,761.00 to Task 5.0 - Special Services and Task 6.0 - Agency and Stakeholder Coordination, and to modify the provisions for the scope of services for Task 5.0 by increasing the compensation by $24,212.00 to a total lump sum amount of $12,982,009.00 for a total project amount of$13,829,006.00; and WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 6 on October 22, 2020 to amend the scope of services, specifically, Task 5.0 - Special Services, and to increase the compensation by $27,985.00 to a total lump sum amount of $13,009,994.00 for a total project amount of$13,856,991.00; and WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 7 on April 28, 2021 to amend the scope of services, specifically, Task 5.0 - Special Services, and to increase the compensation by $137,201.00 to a total lump sum of$13,147,195.00 for a total project amount of$13,994,192.00; and WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 8 on June 7, 2021 to amend the scope of services, specifically, Task 5.0 - Special Services, and to increase the compensation by $47,238.00 to a total lump sum of$13,194,433.00 for a total project amount of $14,041,430.00; and WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 9 on August 17, 2021 to amend the scope of services, specifically, Task 5.0 Special Services, and to increase the compensation by $25,000.00 to a total lump sum of$13,219,433.00 for a total project amount of $14,066,430.000; and WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 10 on October 15, 2021 to amend the scope of services, specifically, Task 6.0 - Agency and Stakeholder Coordination, and to increase the compensation by $29,800.00 to a total lump sum of $13,249,233.00 for a total project amount of$14,096,230.00; and WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 1 I on October 20, 2021 to modify the provisions for basic engineering services and to increase the compensation by $745,999.00 to a total Time and Materials amount of$1,592,996.00 for a total project amount of $14,842,229.00; and WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 12 on December 14, 2021 to amend the scope of services, specifically, Task 6.0 - Agency and Stakeholder Coordination, and to increase the compensation by $33,250.00 to a total lump sum of $13,282,483.00 for a total project amount of$14,875,479.00; and WHEREAS, it has become necessary to amend the Contract to modify the provisions for basic engineering services and to increase the compensation by $22,641,893.00 to a total Time and Materials amount of$24,234,889.00 for a total project amount of$37,517,372.00; 2 NOW THEREFORE, premises considered, BCRUA and the Engineer agree that said Contract is amended as follows: 1. Article 2, En ineering 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. Il. Article 4, Compensation (2) Not-to-Exceed Sum and Exhibit D, Fee Schedule shall be amended by increasing by $22,641,893.00 the not-to-exceed sum amount payable under the Contract for Engineering Services, to a total not-to-exceed amount of $24,234,889.00 for a total Project amount of$37,517,372.00, as shown by the attached Addendum to Exhibit D. IN WITNESS WHEREOF, BCRUA and the Engineer have executed this Supplemental Contract in duplicate. [signature pages follow] .3 WALKER PARTNF By: Aa on Archer- Vice President June 7, 2022 Date FREESE AND NICHOLS JOINT VENTURE By: &L, Drew Hardin -Vice President June 10, 202_2 Date BRUSHY CREEK REGIONAL UTILITY AUTHORITY, INC. By: (—�/? ag" Na'Co a hompson, BCRUA tresident �'2-Z Date APPROV S TO FOR By: to L . 1'� Stephan I . Sheets, BCRUA Attorney ADDENDUM TO EXHIBIT B ENGINEERING SERVICES GENERAL The purpose of Supplemental Amendment No. 13 is to provide Construction Phase Services including contract administration and field observation services for the Phase 2 Raw Water Delivery System Project. Construction Phase Services shall commence with issuance of Notice-to-Proceed to the selected Contractor and will terminate upon completion of final project close-out with Texas Water Development Board(TWDB). Engineer shall furnish Resident Project Representatives (RPRs) including a full-time Construction Manager to assist in observing progress and quality of the Work, including field checks of materials and installed equipment and providing oversight for Construction Phase Services to provide further protection for Owner against defects and deficiencies in the Work. Construction Manager and RPRs are authorized representatives of the Engineer and will act as directed by and under the supervision of the Engineer. As used herein, the term Engineer includes the Construction Manager, RPRs, and any assistants or field staff. Engineer(including Construction Manager and RPRs)shall not supervise, direct, or have control over the Work or have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by the Contractor,for security or safety at the work sites,for safety precautions and programs incident to the Work or any Contractor's work in progress,for the coordination of the Contractor's work or schedules, or for any failure of the Contractor to comply with Laws and Regulations applicable to the performing and furnishing of its work. The Engineer(including Construction Manager and RPRs)neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform the Work, or any portion of the Work, in accordance with the Contract Documents. Contractor shall provide a temporary field office for daily use by Engineer as detailed in the Specifications. Engineer shall provide full-time day-shift visual observation of materials, equipment, and construction work to ascertain that the work is performed in substantial conformance with the contract documents and the design intent. It is anticipated that the Contractor choose to will work multiple shifts during construction of the tunnels and shafts. Full-time coverage by RPRs of second and/or third shifts will be performed as necessary depending on the nature of the work. Overtime work(i.e., work at times other than during regular working hours stipulated in Section 00700, General Conditions) has only been assumed for work that is directly related to underground construction. Any additional overtime work for all other(non-underground)construction activities shall be provided as an additional service. Should Contractor choose to work at times other than during regular working hours stipulated in the General Conditions, Contractor shall bear the cost of all additional overtime work performed by the Engineer as detailed in the specifications. 1 The assumed roles and responsibilities of the assigned RPRs are as follows: ■ Construction Manager. The single point of contact providing on-site,full-time oversight for Construction Phase Services. ■ Contract Administration Lead. Part-time support in administration of the Construction Management Plan. ■ Tunnel and Shaft Construction RPRs. Two field representatives and a Resident Engineer collectively providing full-time general observation of tunnel and shaft excavations and installation of ground support including but not limited to observation of required quality control and quality assurance testing related to tunnels and shafts, shotcrete nozzlemon certification, shotcrete coring,shotcrete strength testing, rock bolt pull tests, and probe drilling. ■ Marine Construction RPR. A full-time RPR to observe construction of marine project elements. A boat shall be provided to facilitate transport to and from the marine operation. ■ General Construction RPRs. A Field Services Lead and three full-time RPRs to observe construction of project elements not related to tunnel and shaft excavation. Observe and monitor Contractor's work for conformance with the Contract Documents including but not limited to the following:site preparation, traffic control, site security, subgrade preparation, bedding and backfill placement and compaction, pipeline and ductbank installation, concrete placement including form work and rebar installation, mechanical installation including bolt torquing, submersible pump installation including torquing of bolts and cable testing, electrical and instrumentation wire pulling and terminations, paving, public coordination, building erection, tie-ins with existing utilities, coordination of materials testing, project cleanliness, and safety infractions. ■ Commissioning and Startup RPR. Provide RPR services as needed during commissioning and startup activities. BASIC SCOPE OF SERVICES Task 1.0- Project Management. 1.1 Construction Management Plan (CMP). 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,standard operating procedures, protocols and forms, and cost and schedule control. 1.2 Project Administration. 1.2.1 Manage and coordinate staff resources, subconsultants, and project planning. Conduct weekly team coordination meetings in person or by teleconference. 1.2.2 Implement an electronic files management system using FNI Manager and Microsoft Office 365 Sharepoint platforms for document control and document sharing. Host and maintain the sites and provide access and training to others as required. 1.2.3 Prepare and submit monthly invoices and project progress reports. 2 1.3 Attend monthly BCRUA Board meetings and provide status update on project schedule and financial status. 1.4 Development of a Public Website. 1.4.1 Develop and provide access to one website containing up to six (6) individual web pages.The website will be developed in a style similar to the branding of the Owner's existing website (www.bcrua.org).The website will include a custom URL such as, httpsHwww.PROJECTNAME.com, where PROJECTNAME will be the project name as approved by the Owner. Services to include procurement of custom URL, system configuration, and applying for and obtaining a security certificate. Annual renewals of the URL registration will be required. It is anticipated that the website will be renewed for up to a five (5)year duration. 1.4.2 Upon completion of the initial website development and prior to public roll-out,the Owner will be provided with the link for review and comment. Two rounds of comments from the Owner for incorporation are anticipated with the initial website development. It is also anticipated that the website will require one overall comprehensive aesthetic update during the duration of the Project. This update is anticipated to also include two rounds of comment from the Owner for incorporation. 1.4.3 The website will be responsive in design and able to fit multiple sizes of interface screens including computers,tablets, and phones. 1.4.4 A common global navigation and global footer will be consistent across all pages providing links to various pages of the site and other webpages as defined by the Owner. A complaint management process with custom form and designated routing to an e-mail address to be included in the custom website build. 1.4.5 Maintenance and website content updates are anticipated at once per month. Services to include updating images, documents, upcoming schedule items, updated logos, miscellaneous web page content, and overall website maintenance. Task 2.0-Construction Administration and Observation. 2.1 General Administration of Construction Contract. Consult with Owner and act as Owner's representative as provided in the General Conditions.The extent and limitations of the duties, responsibilities, and authority of Engineer as assigned in the General Conditions shall not be modified, except as Engineer may otherwise agree in writing. All of Owner's instructions to Contractor will be issued through Engineer, which shall have authority to act on behalf of Owner in dealings with Contractor to the extent provided in this Agreement and the General Conditions, except as otherwise provided in writing. 2.2 Pre-Construction Conferences. Facilitate a Pre-Construction Conference prior to commencement of Work at the Site. Participate in the following additional pre- construction conferences for specific work items as required by the Technical Specifications. 2.2.1 Intake Riser Installation. 2.2.2 Shotcrete. 3 2.2.3 Cellular Backfill Grout. 2.2.4 Main Shaft Construction. 2.2.5 Blind Bore Shaft Construction. 2.2.6 Raised Bore Shaft Construction. 2.2.7 Tunnel Excavation. 2.2.8 CIP Tunnel Liner. 2.2.9 CIP Shaft and Chamber Liner. 2.2.10 Steel Pipe Installation in Tunnel. 2.2.11 Secant Pile Construction. 2.2.12 HDD Crossings. 2.2.13 Trails End Road Riser Installation. 2.2.14 Trails End Road Connection to Existing 78"Transmission Pipe. 2.2.15 Submersible Pump Installation. 2.2.16 Startup and Commissioning 2.3 Schedules. Receive, review, and determine the acceptability of all schedules that Contractor is required to submit to Engineer, including the Progress Schedules, Schedules of Submittals, and Schedules of Values. 2.4 Survey. As appropriate, establish baselines and benchmarks for locating the Work, which in Engineer's judgment are necessary to enable Contractors to proceed. 2.5 Daily Field Reports. Summarize daily construction activities in a daily field report and submit to Owner. Daily field reports shall allow for the complete description and documentation of the weather conditions,work force, activities, production, safety observations, quality control activities, work in progress and accomplished, materials testing performed, and the identification and monitoring of any deviations.The daily reports shall assist Owner and Engineer with troubleshooting problems and serve as a comprehensive report of all issues encountered on the project and how they were corrected. Photo documentation shall also be kept and made available as part of the Project documentation. 2.6 Aerial Photographs. Perform up to 75 drone missions to collect high resolution orthomosaic aerial imagery and progress photo aerial imagery of the pump station, intake/maintenance building, and Trails End Road worksites by a DA Mavic 2 Pro or similar drone with 20 MP Sensor. Upload JPG photos and orthomosaic maps to DroneDeploy account for viewing. Archive data upon project completion. 2.7 Observation of Construction. Observe, as an experienced and qualified professional, the progress and quality of Contractor's executed Work. Construction observation is not intended to be exhaustive or to extend to every aspect of Contractor's Work in progress or to involve detailed inspections of Contractor's Work in progress beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on Engineer's exercise of professional judgment. Based on information obtained during such visits and observations, Engineer will determine in 4 general if the Work is proceeding in accordance with the Contract Documents,and Engineer shall keep Owner informed of the progress of the Work. The purpose of Engineer's visits and observations are to enable Engineer to better carry out the duties and responsibilities assigned to and undertaken by Engineer during the Construction Phase,and, in addition, by the exercise of Engineer's efforts as an experienced and qualified design professional, to provide for Owner a greater degree of confidence that the completed Work will conform in general to the Contract Documents and that Contractor has implemented and maintained the integrity of the design concept of the completed Project as indicated in the Contract Documents. 2.7.1 Service of a specialty code compliance inspection firm will be utilized to inspect the Contractor's work for compliance with applicable building and fire codes for the Project. 2.8 Project Meetings. Attend and maintain active involvement in project related meetings excluding Contractor safety meetings. Types of meetings include construction progress, on- site troubleshooting, pre-paving, resolution, contractor weekly coordination, special review, public involvement, close-out meetings. It is anticipated that there will be weekly progress meetings, and one meeting per month will serve as the regular Owner Oversight Committee meeting. Prepare meeting minutes and retain the minutes as part of the Project documentation. 2.9 Construction Deviations, Deficiencies, and Non-Conforming Work. 2.9.1 Identify and record any observed construction deviations and deficiencies including any Work that is not defective under the terms and standards set forth in the Contract Document but is nonetheless not compatible with the design concept of the completed Project as a functioning whole. Notify Owner and Engineer, monitor the issue, and provide documentation until it is addressed and/or resolved. Provide recommendations as to whether such Work should be corrected, removed and replaced, or accepted as provided in the Contract Documents. Record noted deficiency and actions taken in daily field reports. Any stop-work orders or other penalties related to the noted deficiency may be initiated by Owner or Engineer. 2.9.2 Underwater Intake Inspection Observation. 2.9.2.1 Observe the progress and quality of Contractor's underwater construction activities related to the intake structures. Specific items to be observed include but are necessarily not limited to: 2.9.2.1.1 Field verification of lakebed elevation at both intake riser locations. 2.9.2.1.2 Alignment of intake tunnel with lower and upper tap locations. 2.9.2.1.3 Alignment and plumbness of lake tap bored shafts. 2.9.2.1.4 Casing installation, cutting and grouting. 2.9.2.1.5 Alignment and plumbness of intake risers. 5 2.9.2.1.6 Alignment and elevation of intake screens and other riser openings. 2.9.2.1.7 Installation of flange bolts including torque readings. 2.9.2.1.8 Integrity of booms,turbidity curtains and other water quality control measures implemented by Contractor. 2.9.2.2 Primary mode of observation will be with the use of an underwater robotic ROV equipped with enhanced lighting to support video recording and photo images, operated by an RPR. 2.9.2.3 Services of an underwater diving firm will be utilized when specific tasks must be performed that exceed the capabilities of the ROV. Up to six days of dive team inspection are anticipated, depending on the number of trips. 2.9.3 Engineer will have the authority to reject Contractor's Work while it is in progress if, on the basis of Engineer's observations, Engineer believes that such Work will not produce a completed Project that conforms generally to the Contract Documents or that it will threaten the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. However, neither Engineer's authority to reject Work nor Engineer's decision to exercise or not exercise such authority shall give rise to a duty or responsibility of the Engineer to Contractors, Subcontractors, material and equipment suppliers,their agents or employees, or any other person(s) or entities performing any of the Work, including but not limited to any duty or responsibility for Contractors' or Subcontractors' safety precautions and programs incident to the Work. 2.10 Design Conflicts. Summarize and present any design conflicts determined by Contractor or RPR for Owner review and action. Assist Owner by providing an opinion of appropriate action and prepare the necessary documents to initiate action and record the changes. 2.11 Clarifications and Interpretations;Field Orders. Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of Contractor's work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. Engineer will respond to appropriate Requests for Information (RFls) from the Contractor. Engineer may issue Field Orders authorizing minor variations in the Work from the requirements of the Contract Documents that do not result in modifications to Contract Time or Price. Engineer shall issue up to 395 clarifications and interpretations in the form of RFI responses and Field Orders. 2.12 Change Orders and Work Change Directives. Recommend Change Orders and Work Change Directives to Owner, as appropriate, and prepare Change Orders and Work Change Directives as required (total of 175). 2.13 Shop Drawings, Submittals and Samples. Review and acceptor take other appropriate action in respect to Shop Drawings, Submittals and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed 6 Project as a functioning whole as indicated by the Contract Documents. Such reviews and acceptance or other action will not relieve the Contractor of sole responsibility for means, methods,techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. Engineer shall meet any Contractor's submittal schedule that Engineer has accepted. Engineer shall review up to 1,060 Shop Drawings and Samples. 2.14 Substitutes and "or equal". Evaluate and determine the acceptability of substitute or "or- equal" materials and equipment proposed by Contractor (total of 60). 2.15 Inspections and Tests. Require such special inspections or tests of Contractor's work as deemed reasonably necessary. Owner shall contract with the materials testing firm directly. 2.15.1 Assist in scheduling of construction materials testing with the approved independent testing laboratory on behalf of Owner or the Contractor as required in the contract documents. Observe testing and review testing results. Notify all parties immediately of test results that do not meet the minimum requirements of the contract specifications. A copy of the test results shall be retained as part of the Project documentation. 2.15.2 Receive and review all certificates of inspections, tests, and approvals required by Laws and Regulations or the Contract Documents. Engineer's review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. Engineer shall be entitled to rely on the results of such tests. 2.15.3 Assist with certification of pay requests by the Owner contracted materials testing firm. 2.16 Geotechnical Instrumentation and Third-Party Complaint Management. 2.16.1 Geotechnical Instrumentation. 2.16.1.1 Coordinate with the Contractor to provide observation of the installation of proposed geotechnical instrumentation. 2.16.1.2 Perform survey, monitoring, and data collection of installed instrumentation, including monitoring wells and piezometers installed prior to construction. Monitoring will include the use of automated data loggers or remote sensing as applicable. 2.16.1.3 Intermittently plot and analyze data and provide status reports during tunnel and shaft construction and for a period of time following completion of the underground construction. 2.16.1.4 Organize and file all data and analyses. 2.16.1.5 Perform historical InSAR analysis for baseline data set and current conditions report. 2.16.1.6 Install, maintain, and verify InSAR corner reflectors. Verification to include corner reflector position and data repeatability. 7 2.16.1.7 Provide intermittent updates to the InSAR deformation monitoring . Each update will include InSAR image processing for deformation analysis and report of conditions shall include all available data from the historic analysis to the time of the report. Assume 4 updates will be conducted to correlate with surface settlement monitoring data obtained by survey and to respond to homeowner concerns, 2.16.2 Third Party Complaint Management. 2.16.2.1 Receive, review, and respond to property owner complaints regarding construction-induced impacts such as ground movements and groundwater well levels or groundwater quality. Up to ten complaints are assumed. 2.16.2.2 Response may include or require analysis of monitoring data, construction activities, progress schedules, and construction data such as groundwater discharge or grout volumes. 2.17 Quality Control and Inspection Plan (QCIP). Review project contract documents and summarize the Quality Control, Quality Assurance, and material testing requirements and their required procedures and frequencies in a ACIP. 2.18 Project Documentation and Records. As described herein, copies of all relevant Project documentation shall be compiled and retained in an orderly fashion. Types of documentation anticipated include, but are not limited to, construction contract, daily field reports, photographs, submittals, RFIs, change orders, notifications and other project correspondence. Make Project records available to Owner upon request for Owner's review, audit and/or examination at Owner's cost and expense. 2.19 Disagreements between Owner and Contractor. Render formal written decisions on all duly submitted issues relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents pertaining to the execution, performance, or progress of Contractor's Work; review each duly submitted Claim by Owner or Contractor, and in writing recommend to Owner either to deny such Claim in whole or in part, approve such Claim, or decline to resolve such Claim if Engineer in its discretion concludes that to do so would be inappropriate. In rendering such decisions, Engineer shall be fair and not show partiality to Owner or Contractor and shall not be liable in connection with any decision rendered in good faith and while applying sound engineering practices in such capacity. 2.20 Disputes and Disputes Resolution Board(DRB). Assist the Owner in the DRB process. 2.20.1 Assist the Owner in selecting their DRB member for approval by Contractor. Assist in reviewing the DRB member selected by the Contractor.Assist the Owner in reviewing the third DRB member selected by the first two approved members. Assist the Owner in reviewing the chair of the board nominated between three approved board members. 2.20.2 Facilitate quarterly meetings with the Owner, Contractor, and DRB. Prepare and distribute meeting minutes. Provide DRB members with updates between quarterly meetings as required. 8 2.20.3 Receive or initiate dispute referrals and Claim Documents as required. Submit or receive rebuttal documents as required. Participate in hearings as required. Provide a recommendation to the Owner to accept or reject the Dispute Resolution Board written recommendations in whole or in part as required. A total of three DRB referrals is assumed. 2.21 Escrow Bid Documents(EBD). Receive the Escrow Bid Documents prepared by the successful proposer (Contractor) and review for acceptance against the requirements outlined in the General Conditions Paragraph 18.13. Owner to hold the Escrow Bid Documents in escrow for the duration of the Contract and applicable warranty periods and safeguard all information contained herein, against disclosure. The Escrow Bid Documents shall constitute all the information used in preparation of the Proposal and no other proposal preparation information shall be considered in resolving disputes or claims or negotiation of change orders to the Contract. Nothing in the Escrow Bid Documents shall change or modify the terms or conditions of the Contract Documents. 2.22 Applications for Payment. Based on Engineer's observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: 2.22.1 Determine the amounts that Engineer recommends Contractor be paid. Coordinate with Contractor for correction of any erroneous pay items before the pay application is approved and submitted to Owner. Such recommendations of payment will be in writing and will constitute Engineer's representation to Owner, based on such observations and review,that, to the best of Engineer's knowledge, information and belief, Contractor's Work has progressed to the point indicated, the quality of such Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe Contractor's Work. In the case of unit price work, Engineer's recommendations of payment will include final determinations of quantities and classifications of Contractor's Work (subject to any subsequent adjustments allowed by the Contract Documents). 2.22.2 By recommending any payment, Engineer shall not thereby be deemed to have represented that observations made by Engineer to check the quality or quantity of Contractor's Work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor's Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose on Engineer responsibility to supervise, direct, or control Contractor's Work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor's compliance with Laws and 9 Regulations applicable to Contractor's furnishing and performing the Work. It will also not impose responsibility on Engineer to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the Work in progress, materials, or equipment has passed to Owner free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between Owner and Contractor that might affect the amount that should be paid. 2.22.3 Engineer shall review and recommend payments for up to 90 Contractor applications for payment which assumes a 50%resubmittal rate. 2.23 Certificates, Operation and Maintenance Manuals. Verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Contract Documents to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. Engineer shall receive, review, approve and transmit up to 140 operation and maintenance (O&M) manuals. 2.24 Welding and Coating Inspections. 2.24.1 Provide an AWS QC1 Certified Welding Inspector, NDE Level III Certified individual to review paperwork required to be submitted by the Contractor. Review in accordance with ASME BPVC Section IX,AWS D1.1/D1.1M and AWS B2.1 as applicable. Review Welding Qualification Record (WQR) of welders, Welding Procedure Qualification Records (WPQR), and Welding Procedure Specification (WPS). 2.24.2 Provide oversight by an Engineering Technician, AWS QC1 Certified Welding Inspector, NDE Level III and NACE Level III Certified Coating Inspector for the field welding, bolting, coatings and NDE.The objective of this project is to provide quality control tests of welding during the welding of the steel pipe, brackets, structural connections, bolting of structural members, surface preparation, coatings application and conduct applicable NDE . Inspection/Testing visits will be strategic hold-points as the construction schedule requires. 2.24.3 Conduct site visits to observe and inspect the quality of the executed work in accordance with the applicable codes, standards and sections of the Technical Specifications. In performing these services, reasonable measures will be taken to protect the Owner against defects and deficiencies in the work of the Contractor. Responsibility for the actual supervision of construction operations, safety measures, quality assurance and control measures that the Contractor takes or should take cannot be guaranteed. 2.24.3.1 Welding, Fabrication and Erection Inspection. 2.24.3.1.1 Verify proper welding electrodes and electrode storage to be used on Project. 10 2.24.3.1.2 Conduct inspections on shop fabricated components at manufactures shop as required by specification. 2.24.3.1.3 Conduct observations of pipe and building erection practices and fit-up. 2.24.3.1.4 Conduct Certified Welding Inspection per AWS D1.1 and AWWA C206. 2.24.3.1.5 The inspection methods to be implemented for the above inspection may consist of Visual Testing(VT), Magnetic Particle Testing(MT), Dye Penetrant Testing(PT) and Ultrasonic Testing(UT) in accordance with the Contract Specifications. 2.24.3.1.6 Provide a technical report with documentation of the procedure review results, observation results and photographs of the construction inspection/testing performed. 2.24.3.2 Surface Preparation and Coating Inspection 2.24.3.2.1 Pre-surface preparation inspection. 2.24.3.2.2 Measurement of ambient conditions. 2.24.3.2.3 Evaluation of compressor and surface preparation equipment. 2.24.3.2.4 Determination of surface preparation cleanliness and profile. 2.24.3.2.5 Inspection of application equipment. 2.24.3.2.6 Randomly observe coating mixing. 2.24.3.2.7 Randomly observe coating application. 2.24.3.2.8 Randomly take wet film thickness. 2.24.3.2.9 Determination of dry film thickness. 2.24.3.2.10 Evaluating cleanliness between coats. 2.24.3.2.11 Perform adhesions test when required. 2.24.3.2.12 Witness Contractor conducted holiday testing when applicable. 2.24.3.2.13 Evaluate cure. 2.24.3.2.14 Provide a technical report with documentation of the procedure review results, observation results and photographs of the construction inspection/testing performed. 2.24.3.3 Quantity estimates for welding and coating inspections have been determined from the Contract Documents. Inspections are subject to changes as the Contractor schedules and executes the Work. The following is an itemized summary of assumed inspections. 11 2.24.3.3.1 Lake Tap—20 welding inspections, 26 coating inspections, 20 days of shop inspections. 2.24.3.3.2 Pump Station, Cedar Park and Sandy Creels WTPs—117 welding inspections and corresponding coating/lining repairs, 2 steel pipe manufacturer plant inspections, 1 fabrication shop inspection of the 78" x 78" x 36" cross, and one fabrication shot inspection of the 78" wye on the pigging line. 2.24.3.3.3 Transmission Tunnel—104 internal 78" full circumferential lap welds with mortar lining repair, 260 grot plug welds with mortar lining repair, 5 field welds at the 90-degree bend with mortar lining repair. 2.24.3.3.4 Trails End Road Shaft—5 full circumferential welds with mortar lining and polyurethane coating repair, 1 fab shop inspection of the 90 bend. 2.24.3.3.5 Trails End Road Open Cut Pipeline—7 welding inspections, 1 fab shop inspection of the dished head plug. 2.24.3.3.6 Trails End Road Vault—coatings inspections of exposed steel in vault and exposed air piping in and above vault. 2.24.3.3.7 Pump Station Structural Steel—100%visual inspection of approximately 1,600 inches of field welds, NDE of 20" of CIP welds, high strength bolting inspection, nelson stud weldiing inspection for 650 studs, inspection of repairs to galvanizing damaged by field welding. 2.24.3.3.8 Additional Shop Inspections—one fab shop inspection of the 30" manway tee with blind flange, FLxPE spool with internal dished head plug, FLxFL spool. 2.24.3.3.9 Architectural Coatings Inspections—24 DFT tests at various building sites. 2.24.3.3.10 Chemical Resistant Coatings(Maintenance Building and Pump Station)—46 hold point inspections, 75 adhesion tests, 54 wet film tests, 8 holiday test, 2 applicator prove- out tests. 2.25 Commissioning and Startup. 2.25.1 Pre-Commissioning. 2.25.1.1 Develop Verification Checklists (VCs) and Functional and Performance Test Packages (FAPTPs)for each of the unit process systems identified in the Commissioning and Start-Up Plan (total of 29).The VCs and FAPTPs shall encompass all required testing for each identified system and include step-by-step procedures and placeholders for data collection and signoff, such that the Contractor may utilize the documents to 12 complete testing activities and document the results. The completed VCs and FAPTPs will be used to demonstrate compliance with the Contract requirements as they pertain to equipment testing and startup, document each system's readiness to be placed in service, and provide baseline operations data for major equipment. 2.25.1.2 Review submittals related to commissioning and startup including training plans and trainer qualifications,training video/audio recordings and sign-in sheets, completed VCs and FAPTPs for conformity with the Contract requirements.A total of approximately 86 submittals is anticipated. 2.25.2 Commissioning Oversight and Coordination. 2.25.2.1 Oversee and witness field activities related to commissioning and startup to ensure equipment, instrumentation, and components are tested per the Contract requirements, including reviewing test reports, overseeing the implementation of each VC and FAPTP, and planning and overseeing Project-wide testing activities that affect multiple systems (such as simulating a power outage to test the surge system or completing the 30-day Demonstration Period/Acceptance Test). 2.25.2.2 Schedule and attend commissioning coordination meetings including development and distribution of agendas and meeting minutes to all parties. 2.25.2.3 Provide coordination and oversight of the commissioning/startup process and other aspects of construction that may impact existing WTP operations. This activity includes general turnover coordination, such as ensuring spare parts, asset management information, warranty information, final 0&M manuals, and any other required information has been provided to the Owner and all required testing has been completed prior to Owner's acceptance of any portion of the Project. Coordinate with the Contractor, Owner, and other stakeholders during the planning and implementation of tie-ins and any other activities that may impact existing water treatment plant operations to ensure the work is planned in accordance with the Contract Documents and plant operations are maintained throughout the duration of the activity. 2.25.2.4 Assist in scheduling training sessions in accordance with Owner preferences and contractual requirements and confirm training is delivered in accordance with the Contract Documents. 2.26 Factory Witness Testing. Provide factory witness testing services as described in the Technical Specifications and Commissioning and Startup Plan. Factory witness is to be provided by the Engineer per the following: 2.26.1 Specification Section 26 12 19, Pad-Mounted, Liquid-Filled, Medium Voltage Transformers 2.26.2 Specification Section 2613 26, Medium-Voltage Metal-Clad Switchgear 13 2.26.3 Specification Section 26 23 00, Low Voltage Metal Enclosed Switchgear 2.26.4 Specification Section 26 29 23, Medium Voltage Variable Frequency Drives 2.26.5 Specification Section 26 33 53.01, Industrial DC Uninterruptible Power Supply 2.26.6 Specification Section 26 35 33.02, Medium-Voltage Power Factor Correction Equipment 2.26.7 Specification Section 40 90 02, Supervisory Control and Data Acquisition (SCADA) System 2.26.8 Specification Section 40 05 50 Fabricated Gates 2.26.9 Specification Section 43 25 13, Submersible Turbine Pumps (total of four) 2.26.10 Specification Section 43 42 21, Welded Stainless Steel Surge Tank 2.27 Project Risk Management. Conduct formal and informal project risk management tasks. 2.27.1 Review existing project risk register and coordinate with the Owner in developing a construction phase risk register that can be shared with the Contractor. 2.27.2 Formal qualitative updates: organize and facilitate formal qualitative risk workshops on a bi-annual basis (total of 10). Attendees to include representatives from the Engineer, Owner, and the Contractor. Subsequently update the risk register and issue a Qualitative Risk Analysis Report. 2.27.3 Actively follow-up on the Owner's, Engineer's, and Contractor's assigned mitigation measures (activities). 2.27.4 Informal updates: Between formal updates, provide updates to the risk register based on informal meetings, mitigation measure follow-up, progress meetings, submittals received, or otherwise progress of the project. 2.27.5 Quantitative Schedule Analysis:As necessary,facilitate a quantitative schedule workshop and perform a quantitative schedule analysis to determine confidence that key milestones or completion dates will be met. Issue Quantitative Schedule Analysis Report. A total of two Quantitative Schedule Analyses are assumed. 2.27.6 Quantitative Cost Analysis: As necessary, facilitate a quantitative cost workshop and perform a quantitative cost analysis to assess the project's cost risk exposure (i.e., potential change orders) versus available contingency funds. Issue Quantitative Cost Analysis Report. Report will include an analysis of the contingency spending to date. A total of four Quantitative Cost Analyses are assumed. 2.28 Substantial Completion. Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with Owner, Engineer and Contractor, conduct an inspection to determine if the Work is substantially complete. If after considering any objections of Owner, Engineer considers the Work substantially complete, Engineer shall deliver a certificate of Substantial Completion to Owner and Contractor. Engineer shall attach to the certificate a punch list of items to be completed or corrected by the Contractor before final payment. 2.28.1 Interim Completions. It is anticipated that there may be interim milestones of completion for certain elements of the work, such as the marine intakes, intake 14 tunnel, suction chamber and main shaft, transmission tunnel and riser, maintenance building, and other project elements. A total of seven interim completion reviews are anticipated. Interim Completions will be conducted similar to the Substantial Completion process. 2.29 Contractor's Completion Documents. Receive, review, and transmit to Owner maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by the Contract Documents, certificates of inspection,tests and approvals, Shop Drawings,Samples and other data approved, and the annotated record documents which are to be assembled by Contractor in accordance with the Contract Documents to obtain final payment. 2.30 Final Notice of Acceptability of the Work. Conduct a final inspection to determine if the completed Work of Contractor is acceptable so that Engineer may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Engineer shall also provide a notice that the Work is acceptable to the best of Engineer's knowledge, information, and belief and based on the extent of the services provided by Engineer under this Agreement. 2.31 Record Drawings. Receive as-built drawings submitted monthly in electronic PDF format by Contractor using Bluebeam Revu software. Review for comprehensiveness and accuracy and provide comments back to Contractor as needed prior to contractor's submission of monthly Applications for Payment. Review and compile final as-built drawings as received from Contractor in electronic format using Bluebeam Revue software and produce as-recorded drawings for the Owner. Upon receipt of as-built or record documents from Contractor, which have been determined by Engineer to be comprehensive and generally accurate, Engineer shall produce as-recorded drawings for the Owner's use within sixty(60) days. Engineer does not warrant the accuracy of as-built or record information provided by Contractor. 2.32 Limitation of Responsibilities. Engineer shall not be responsible for the acts or omissions of any Contractor, or of any subcontractors, suppliers, or other individuals or entities performing or furnishing any of the Work. Engineer shall not be responsible for the failure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. 2.33 Project Close-Out. Verify weekly that the Contractors are preparing and maintaining record documents in accordance with the Contract. Participate in site visits regarding Substantial Completion. Support Owner and Engineer in compiling a work list of known punch-list items. Observe whether items on the punch list have been completed or corrected and coordinate and attend a punch list walk-through. Assist Owner in compiling and confirming that all required project close-out documentation has been received and make recommendations concerning acceptance. 2.34 TWDB Project Close-out Procedures. Coordinate with TWDB to conduct a final inspection of the Project and submit close-out documents including a final change order, if any, final pay application, affidavit from Contractor that all bills have been paid, certificate from Engineer that work is completed in accordance with the Contract Documents, written resolution of 15 acceptance of the Project by Owner, notification of the beginning date for the warranty period, and confirmation that record drawings have been received from the Contractor. Task 3.0-Agency and Stakeholder Coordination. 3.1 Village of Volente 3.1.1 Develop and present two town-hall style presentations to provide a project update to the Village. 3.1.2 Roadway Assessment Support. 3.1.2.1 Review the results of a Pre-construction Condition Assessment performed by a third party. 3.1.2.2 Attend a Post-construction Condition Assessment with Owner and the Village to assess post-construction roadway conditions. It is assumed that the assessment will be performed by a third party. Review the recommendations of the third party. 3.1.2.3 Review Contractor's proposed pavement repairs with the Village for pavement repairs required within the Village corporate limits. 3.1.3 Traffic Management. 3.1.3.1 Review Traffic Management Plan prepared by Contractor for Work in the Village city limits. 3.1.3.2 Coordinate with Contractor to review compliance with the Traffic Management Plan and requirements of the Interlocal Agreement between the Village and Owner. 3.1.4 Develop and implement a complaint management process with designated points of contact to evaluate and respond to concerns regarding the construction of the Project in Village city limits. 3.1.5 Coordinate with Contractor to confirm that certificates of insurance comply with the requirements of the Interlocal Agreement between the Village and Owner. 3.2 U.S.Army Corps of Engineers. 3.2.1 Conduct a Pre-construction meeting with the Contractor detailing the terms and conditions of the Nationwide Permit (NWP) 39 permit. Notify USACE of the meeting at least two weeks in advance of the meeting. Provide written confirmation to USACE that the meeting was held within two weeks following the meeting. 3.2.2 Coordinate with USACE to obtain reverification of the NWP 39 that will expire prior to expiration of the current authorization. Contact the USACE regulatory project manager by telephone to discuss the proposed project schedule and prepare a letter requesting that the project remain authorized or be issued reverification. Coordinate with the Owner on the results of the coordination with the USACE. 3.2.3 Conduct pre and post-construction inspections of the proposed intake site, temporary launch/disposal site, and the Trails End Road site. Submit a final written compliance report to the USACE within 60 days after the completion of all construction 16 3.3 Texas Commission on Environmental Quality(TCEQ). 3.3.1 Support the City of Cedar Park, City of Leander, and City of Round Rock with implementation of lead and copper tap sampling and water quality parameter sampling for two consecutive 5-month periods based on the addition of a new source and treatment. 3.3.2 Support Owner in the development of an emergency remediation plan to address contamination of the lake source water. 3.3.3 Submit notification of project completion attesting to the fact that the Work has been completed in accordance with the plans on file with TCEQ. 3.4 Pedernales Electric Cooperative (PEC).Support Owner in development of the Permanent Power Agreement with PEC. No design phase or construction phase support services are included. 3.5 Travis County 3.5.1 Coordinate and attend a Pre-construction meeting with the County. Prepare and distribute meeting minutes. 3.5.2 Roadway Assessments. 3.5.2.1 Review the results of a Pre-construction Condition Assessment of Lime Creek Road from Anderson Mill Road to the Pump Station performed by a third party. 3.5.2.2 Attend a Post-construction Condition Assessment with Owner and the Travis County to assess post-construction roadway conditions of Lime Creek Road. It is assumed that the assessment will be performed by a third party. Review the recommendations of the third party. 3.5.2.3 Review Contractor's proposed pavement repairs with the Travis County for pavement repairs required along Lime Creek Road from Anderson Mill Road to the Pump Station. 3.5.3 Traffic Management. 3.5.3.1 Review Traffic Management Plan prepared by Contractor for Work in the Travis County jurisdiction. 3.5.3.2 Coordinate with Contractor to review compliance with the Traffic Management Plan and requirements of the permit with Travis County. Review up to 15 specific Traffic Control Plans developed by the Contractor. 3.5.3.3 Coordinate with Travis County and contractor for placement and messaging for message boards along Lime Creek Road 3.5.3.4 Coordinate with Leander ISD and local Emergency Services District to establish points of contact and communication protocol. 17 3.5.4 Develop and implement a complaint management process with designated points of contact to evaluate and respond to concerns regarding the construction of the Project along Lime Creek Road from Anderson Mill Road to the Pump Station 3.5.5 Prepare and submit a Private Water Quality Control (PWQC) Maintenance Plan to the County after the pond is constructed. Record the PWQC Maintenance Plan and restrictive covenant document at the County Clerk's Office. 3.5.6 Prepare and submit a concurrence letter to the County confirming that no unapproved structural field changes have occurred. The concurrence letter will be submitted to the County at Substantial Completion. 3.6 City of Austin 3.6.1 Coordinate and attend a Pre-construction meeting with the City. Prepare and distribute meeting minutes. 3.6.2 Provide a total of six periodic progress reports to the City. 3.6.3 Prepare and submit a concurrence letter to the City confirming that no unapproved structural field changes have occurred. The concurrence letter will be submitted to the City at Substantial Completion. 3.7 Lower Colorado River Authority. Coordinate with the Owner and LCRA related to the development and execution of a Buoy Maintenance interlocal agreement. Task 4.0-Additional Services The following Additional Services are not included in the Scope of Services and will not be performed unless specifically authorized by the Owner: 4.1 Preparing to serve or serving as a consultant or witness for Owner in any litigation or arbitration. 4.2 Services required due to delays or other causes beyond Engineer's control. 4.3 Work required for providing OSHA approved and safe access to areas of the Project for welding and coating inspections. It is assumed that the Contractor will provide safe access to all areas of the Project for observations and inspections. 4.4 Providing assistance in responding to the presence of any Constituent of Concern at the Site, in compliance with current Laws and Regulations. 4.5 Providing assistance in responding to the presence of any endangered species encountered at the Site. 4.6 Preparation of comprehensive operation and maintenance manuals beyond that required to be supplied by the Contractor within the Construction Contract. 4.7 Preparing additional Bidding Documents or Contract Documents for alternate bids or prices requested by Owner for the Work or a portion thereof. 4.8 Assistance in connection with Bid protests, rebidding, or renegotiating contracts for construction, materials, equipment, or services. 4.9 Providing follow-up construction management services during Contractor's warranty period. 18 4.10 Working with Contractor's surety in the event of Contractor default or termination for cause. 4.11 Providing support for design and/or construction of the PEC Permanent Power Project. 4.12 Providing IBC special inspections. 4.13 Providing construction surveys and staking to enable Contractor to perform its work. 4.14 Other services performed or furnished by Engineer not otherwise provided for in this Agreement. 19 ADDENDUM TO EXHIBIT C WORK SCHEDULE Construction Phase will commence with the issuance of NTP for the Project or any part thereof and will terminate upon completion of final project close-out with Texas Water Development Board. It is expected that the Construction Period will be sixty (60) months. Engineer shall be entitled to an equitable increase in compensation if Construction Phase services are required after the original dates for final completion of the Work, as set forth in the Construction Contracts, or if required due to Contractor delay beyond Substantial or Final Completion. ADDENDUM TO EXHIBIT D FEE SCHEDULE Total compensation for Basic Services set forth in Addendum to Exhibit B under Supplemental Amendment No. 13 is estimated to be $22,641,893. Total compensation for the Project shall be adjusted to$37,517,372. OWNER shall pay ENGINEER for Basic Services set forth in Supplemental Amendment No. 13 on the basis of Standard Hourly Rates as described in Paragraph 2.0 of Exhibit D of the Contract. ENGINEER'S labor and fee summaries are attached as Appendix 1. The Standard Hourly Rates Schedule is attached as Appendix 2. Brushy Creek Regional Utility Authority Appendix 1 to Exhibit D Phase 2 Raw Water Delivery System-Construction Phase Services Summary Fee Schedule Description Total Fee Engineering Team Se S2 $9,241,645 Field Team Service $13,400,248 Year 2022 $1,307,834 Year 2023 $3,034,645 Year 2024 $3,420,322 Year 2025 $2,435,745 Year 2026 $2,369,832 Year 2027 $831,869 Grand Total $22,641,893 1 Reference Engineering Team Detailed Cost Breakdown 2 Reference Field Team Detailed Cost Breakdown all iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiI mi lmmiiiiimiuiiuiiiiiiuillilloillillillillillIRI�°gym SII VIII !!II � � p s"a t x LU0 0 x nC s W 0 �IMMM g m m � St R a n r O � C W c O f E € € gm € € Jill �- -nn jRJt:.�rRY.fiY.g.nnpR71?- iii00ll �� SII !! ss� r.rur -I.--- I✓•r�YY�.�.X11-.III.1.1��1�11��-If1�U:11]!•-{-AIS,:] C=MC �1 ^ter✓.—wrw.+.,. 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I' I I-I a � d al dl d ! 11 d-1 i -I 11 1- R1 I I I I I I IMP I i�d I I ITR 11 . 111".,.T d I Im a- 41mil 1111 �H t I... I...H., 1111 1 1 H I I I H I sl r j � 11 11 i� a f I) ILII I i !j II [ i t Appendix I to Exhibit D Brushy Creek Regional Utility Authority Phase 2 Raw Water Delivery System-Construction Phase Services Detailed Cost Breakdown-Field Team Description Firm Name Level of Effort Start End Rate Total Fee FTE Total $1 Hr* Months Hours Construction Management $4,817,410 Construction Manager WP Joem Moser 1.1 6/1/2022 8/1/2027 $ 298 $3,763,108 69 12,003 Contract Administration Lead FNI Kent Power 0.3 6/1/2022 3/31/2027 $ 188 1 $620,069 17 1 3,014 Document Control WP Megan Yen 0.2 6/1/2022 7/1/2027 $ 125 $296,659 12 2,148 Construction Management Coordinator FNI Brent Millar 0.05 6/1/2022 3/31/2027 $ 240 $137,573 3 522 Tunnels And Shafts Field Services $3,704,287 Tunnels 8 Shafts Resident Engineer SCH Matt Koziol 1.1 7/1/2022 4/30/2025 $ 215 $1,472,931 37 6,478 US Senior Field Representative-Shift 1 SCH Denver Chandler 1.5 9/1/2022 3/1/2025 $ 165 $1,407,486 47 8,054 T&S Senior Field Representative-Shift 2 SCH TBD 1.5 7/1/2023 12/31/2024 $ 165 $823,869 27 1 4,677 Facilities Field Services $4,648,667 Field Services Lead FNI David Cannaliato 1.0 6/1/2022 5/31/2027 $ 208 $2,380,540 60 10,392 Facilities Field Representative 1 WP TBD 1.0 9/1/2025 1/31/2027 $ 145 $496,112 17 2,945 Facilities Field Representative 2 FNI Will Flani in I 1.0 6/1/2025 12/31/2026 $ 135 $512,355 19 3,291 Marine/Facilities Field Representative FNI Junior Henson 1.0 11112023 6/30/2026 $ 145 $1,154,659 42 7,275 Underwater Inspection ODU US Underwater $105,000 0 0 Miscellanous $229,885 Miscellaneous,Se2cialty PPE 8/1/2022 12/31/2026 $3,616 Work Boat 9/1/2022 12/31/2024 $45,616 IBC Special Inspections 6/1/2025 12/31/2026 $0 Underwater Inspections-Am hibious ROV 1/1/2023 6/30/2025 $10,500 Office Supplies 6/1/2022 3/31/2027 $6,300 Observation Cameras 8/1/2022 12/31/2026 $97,435 Information Technology 7/1/2022 12/31/2026 $40,872 Meals,others 1 711/20221 12/31/2026 $25,545 Total Field Services Fee Totals $13,400,248 351 $0,799 -4%annual escalation except CM at 21A esca ation 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: Classification Rate Classification Rate Manager VII/Principal $300/hour Professional VII $125-150/hour Manager VI $290-299/hour Environmental III $250-275/hour Manager V $270-289/hour Environmental II $210 249/hour Manager IV $255-269/hour Environmental I $180-209/hour Manager III $240-254/hour Professional VI $110-124/hour Senior Engineer IV $275-290/hour Professional V $100-109/hour Senior Engineer III $250-274/hour Professional IV $95-99/hour Senior Engineer II $225-249/hour Professional III $90-94/hour Senior Engineer I $200-224/hour Contract Admin Lead $185-195/hour Survey Manager $200-215/hour Construction Manager IX $280-300/hour Project Manager IX $225-240/hour Construction Manager VIII $250-279/hour Project Manager VIII $215-224/hour i Field Representative VII $224-244/hour Project Manager V $185-214/hour Field Representative VI $190-224/hour Project Manager IV $175-184/hour Field Representative V $170 189/hour Project Manager III $165-174/hour Field Representative IV $149-169/hour Project Manager II $150-164/hour Field Representative III $125-149/hour Project Manager I $140-149/hour Technician XII $175-185/hour Project Engineer IV $150-165/hour Technician XI $160-174/hour Project Engineer III $135-149/hour Technician X $150.159/hour Project Engineer II $120-134/hour Technician IX $140-149/hour Project Engineer I $110-119/hour Technician VIII $125-139/hour Project Scheduler $185-200/hour Technician VII $110-124/hour Tunnel Resident Engineer $215-230/hour Technician VI $95 109/hour Commissioning SME $247-260/hour Technician V $90-94/hour Commissioning Engineer $185-200/hour Technician IV $80-89/hour Commissioning Specialist $190-210/hour Support Staff V $100-120/hour Welding Inspector $120-150/hour Support Staff IV $90 99/hour Risk Management Lead $321-350/hour Support Staff III $80-89/hour RM Sr.Associate $290-340/hour Support Staff II $70.79/hour RM Associate $245-289/hour Support Staff I $60-69/hour RM Technical Associate $185-220/hour 3-Man Crew $225-250/hour Website Specialist $170.185/hour 2 Man Crew $165-224/hour 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, 2022-900783 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 is06/17/2022 being filed. Brushy Creek Regional Utility Authority Date Acknowledged: 06/17/2022 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. PSA Professional surveying and engineering services in connection with BCRUA Phase 2 Raw Water Delivery System,Supplemental Amendment No. 13. 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Pence,Bob Fort Worth,TX United States X Coltharp, Brian Fort Worth,TX United States X Archer,Charles Raleigh, NC United States X Greer,Alan Fort Worth,TX United States X Halley,Tricia Oklahoma City,OK United States X Johnson, Kevin Dallas,TX United States X Payne,Jeff Fort Worth,TX United States X Reedy, Mike Houston,TX United States X Wolfhope,John Austin,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) (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 (Dedarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc CERTIFICATE OF INTERESTED PARTIES FORM 1295 l of l Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 d there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity tiling form,and the sty,state and country of the business entity's place Certificate Numbs of business. 2022-900783 Freese and Nichols, Inc. Fort Worth,TX United States Dm Filed: 2 Name of governmental entity or state agency#W is a party to the contractfor which the form Is 06/17/2022 being filed. Brushy Creek Regional Utility Authority ]Date Acknowledged: 3 Prrnrkle the Identification number used by the governmental 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. PSA Professional surveying and engineering services in connection with BCRUA Phase 2 Raw Water Delivery System,Supplemental Amendment No. 13. Nature of interest 4 Name of Interested Party City,State.Country(place of business) Icheck applicable) Controlling Intermediary Pence, Bab Fort Worth,TX United States X Coltharp, Brian Fort Worth,TX United Slates X Archer,Charles Raleigh, NC United States X Greer,Alan Fort Worth,TX United States X Hadey,Tricia Oklahoma City,OK United States X Johnson, Kevin Dallas,TX United States X Payne,Jeff Fort Worth,TX United States X Reedy,Mike Houston,TX United States X Wolfhope,John Austin,TX United States X 5 Check only Ifthere is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Stephanie Stephenson and my data of birth is My address is 801 Cherry Street,Suite 2800 Fort Worth TX 76102 . US (street) (CRY) (fie) (tp mde) (country) I declare under penalty of perjury Ural the foregoing is true and correct. Executed in Tarrant County, State of Texas ,on the 17 day of June 2U 22 (nth) (Year) fA4A6E[j � LQ9rL Signature of autfforized agent of contrcling business entity (gym) Forms provided by Texas Ethics Commission www.ethics.state.Mus version v1.1.191b5cdc DATE: June 17, 2022 SUBJECT: BCRUA Board Meeting—June 22,2022 ITEM: 6F. Consider a resolution authorizing the President to execute the Supplemental Contract No. 13 with Walker Partners/Freese& Nichols Inc. Joint Venture for BCRUA Phase 2 Raw Water Delivery System. PRESENTER: Karen Bondy, General Manager BACKGROUND/JUSTIFICATION: The purpose of Supplemental Amendment No. 13 is to provide Construction Phase Services including contract administration and field observation services for the Phase 2 Raw Water Delivery System Project. Construction phase services were anticipated and included in the Phase 2 SWIFT Loan, which was approved and funded by the Texas Water Development Board (TWDB) last year. The total compensation for this amendment is$22,641,893.The contract will be paid based on Standard Hourly Rates, subject to annual review and adjustment. Construction Phase Services commence with issuance of Notice-to. Proceed to the selected Contractor and terminate upon completion of final project close-out with the TWDB. The following table sets forth the anticipated fee schedule. Description Total Fee Engineering Team Services $9,241,64 Field Team Services $13,400,241 Year 2022 $1,307,83 Year 2023 $3,034,64 Year 2024 $3,420,32 Year 2025 $2,435,74 Year 2026 $2,369,83 `Year 2027 $831,86 Grand Total $22,641,89 If approved,the new project budget totals will be: Phase 2(Lump Sum) $13,232,483 Phase 2(T&M) $24,234,889 NEW TOTAL $37,517,372 BCRUA staff and the Operations Committee (O.C.) have reviewed and negotiated the proposed Supplemental Contract No. 13 with Walker Partners/Freese and Nichols Joint Venture and recommend Board approval. Staff,the O.C., and the consultant will be available to answer any questions or concerns during the Board Meeting. FUNDING: Funding for this contract includes 2021 SWIFT Loan funds from Leander and Cedar Park, approved at the April 7, 2021 Board meeting and subsequent council meetings,as well as cash from Round Rock. Since the contract award will exceed the BCRUA's authorized maximum of$500,000, per the Master Agreement, Board approval of this contract will need to be contingent on approval by all three BCRUA member city councils.