BCRUA_R-23-03-22-6C RESOLUTION NO. R-23-03-22-6C
WHEREAS, the Brushy Creek Regional Utility Authority, Inc. ("BCRUA") has
previously adopted Resolution No. R-21-12-15-613 approving the Engineering Services contract
with Walker Partners, LLC regarding the Phase 1 D Water Treatment Plant Expansion Project
(the "Project"); and
WHEREAS, said Engineering Services contract included Exhibit B which directed
Walker Partners, LLC to prepare the construction contract for the Project using the "Competitive
Sealed Proposal" alternative delivery method; and
WHEREAS, the BCRUA Board approved the toregoing language in said Exhibit B
because the Board determined that "Competitive Sealed Proposal" is the delivery method which
provides the best value for the Project; and
WHEREAS, after advertising for and receiving proposals from offerors, the BCRUA
determines that Excel Construction Services, LLC is the offeror which offers the best value for
the Project; and
WHEREAS, the BCRUA now wishes to enter into a 6'Standard Forni of Agreement
between Owner and Contractor" with Excel Construction Services, LLC,Now Therefore
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BRUSHY
CREEK REGIONAL UTILITY AUTHORITY:
That. atter advertising for and receiving proposals from offerors, the BCRUA hereby
finds that Excel Construction Services. LLC is the offeror which offers the best value for the
BCRUA.
BE IT FURTHER RESOLVED
That, subject to the approval of the Participating Cities. the Board President is hereby
authorized and directed to execute on behalf of the BCRUA a "Standard Form of Agreement
u))U JGtJ-A lKVJIjF I-)`Yl '
between Owner and Contractor" with Excel Construction Services, LLC for the BCRUA Phase
I D Water Treatment Plant Expansion Project.
The Board hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting
was open to the public as required by law at all times during which this Resolution and the
subject matter hereof were discussed, considered and formally acted upon, all as required by the
Open Meetings Act, Chapter 551, Texas Government Code, as amended.
RESOLVED this 22nd day of March, 2023.
ANNE DU FY, Presid, t
Brushy Creels Regional t lity Authority
ATTEST:
v
,- No
'COLE THOMPSretary
2
DATE: March 17, 2023
SUBJECT: BCRUA Board Meeting—March 22, 2023
ITEM: 6C. Consider a resolution authorizing the President to execute a contract with Excel
Construction Services, LLC for the Phase 1D Water Treatment Plant Expansion
Construction.
PRESENTER: Karen Bondy, General Manager
BACKGROUND:
The Phase 1D water treatment plant expansion increases the treatment capacity of the BCRUA WTP
from approximately 32.5 million gallons per day (MGD)to approximately 42 MGD. Proposals were
opened for this project on February 28, 2023. Responsive Competitive Sealed Proposals were received
from Excel Construction and Peabody General Construction.The rank order of the base price proposal
was as follows:
Excel Construction $16,836,100.00
Peabody $21,242,631.00
Based on the recommendation of the design engineer,Walker Partners, (see attachment) the lowest
responsive bid was from Excel Construction.
Staff and the Operating Committee (OC) met with Walker Partners on March 8, 2023, and agreed
unanimously to recommend award of this contract to Excel Construction Services, LLC in the amount of
$16,836,100.00.
FUNDING:
Funding for this contract will be from the 2021 TWDB SWIFT loan for Leander, 2023 TWDB SWIFT loan
and local funds for Round Rock, and local funds for Cedar Park.
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.
Staff, OC representatives, and representatives of Walker Partners will be available to answer any Board
questions.
@ffalker Partners
gineers I surveyors
804 Las Cimas Pkwy.,Suite 150
Austin,Texas 78746
March 7,2023
Brushy Creek Regional Utility Authority(BCRUA)
221 E.Main St.
Round Rock,TX 78664
Attn: Karen Bondy,General Manager
Re: BCRUA Phase 1D Water Treatment Plant(WTP)Expansion
Project No.: 03-00809
Dear Ms. Bondy:
On February 28,2023,Walker Partners assisted the BCRUA in opening competitive sea,ed proposals for the above referenced
project.Two responsive,competitive sealed proposals were submitted by Excel Cogstruction Services, LLC(Excel)of Leander,
TX and Peabody General Contractors, LLC(Peabody)of Austin,TX. Neither of the proposals included any deviations from the
contract documents.The proposals were eva uated and ranked based on the following selection criteria: 30%for Contractor
Relevant Experience and References, 60% for Cost Proposal, and 10% for Proposed Schedule. Based on evaluation of the
proposals, Excel is the highest ranked proposer offering the best value, as determined by the selection criteria and ranking
assessment.
Evaluation of Excel's proposal inc'uded a review of their technical qualifications and experience, including major
subcontractors.A background check was performed based on feedback from owners and engineering firms for similar projects
Exce has completed over the past several years.The overall impression from this review is that Excel provides quality work in
a timely and profess onal manner. Also, our Walker Partners/BCRUA team has recently completed successful projects with
Excel,including the BCRUA Phase 1C WTP Expansion.
Based on the informat;on presented and evaluation of the proposals,Wa ker Partners recommends that the BCRUA award a
contract to Excel for the total Base Proposal amount of$16,836,100.00 for the Phase 1D WTP Expansion. (The proposal did
not inc'ude any a ternate proposal items.)We will prepare the Notice of Intent to Award Letter and other contract documents
for transmittal to Excel, pending f�nal acceptance and direction from the BCRUA.
Sincerely,
,��Xw
Jason Christensen, PE
Project Manager
Electronic D6ivery
Cc: Project File
www.WalkerPartners.com
TBPE Registration No.8053 TSPLS Regestration No.10194317
Recommendation to Award Letter
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
loft
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 tiling form,and the city,state and country of the business entity's place Certificate Number:
of business. 2023.985835
Excel Construction Services, LLC
LEANDER,TX United States Date Filed:
Name of governmental entity or state agency that Is a party tot the contract for which the form Is 02121/2023
being filed.
Brushy Creek Regional Utility Authority Date Acknowledged:
3 Provide the identification number used by the governmental entity or slate agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
02282023
BCRUA Phase 1D Water Treatment Plant Expansion
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (chock applicable)
Controlling Intermedia
Wenske, Kevin Austin,TX United States X
Cannon, Matthew Cedar Park,TX United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is Kevin Wenske and my date of birth is-
My address Is 10913 Sea Hero Lane Austin Texas 78748 USA
(atreel) (city) (stkdo) (zip code) (country)
1 declare under penalty of perjury that file foregoing is true and correct.
Executed in Williamson County, Stat.of Texas on the 28 day of February 2023
(month) (year)
i
Signature of authorized agent of contracting business entity
(Doc4irn nt)
Forms provided by Texas Ethics Commission www,ethics.state.tx.us Version V3.5.1.3ac88bc0
CERTIFICATE OF INTERESTED PARTIES FORM 1295
101`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. 2023-985835
Excel Construction Services, LLC
LEANDER, TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 02/21/2023
being filed.
Brushy Creek Regional Utility Authority Date Acknowledged:
03/17/2023
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.
02282023
BCRUA Phase 1D Water Treatment Plant Expansion
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Wenske, Kevin Austin, TX United States X
Cannon, Matthew Cedar Park, 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) (�:Jy; (state) (zip code) (country)
I declare under penalty of perjury that the forego;ng is true and correct
Executed in County, State of on the day of ,20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.3ac88bc0