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BCRUA_R-23-04-26-5C RESOLUTION NO. R-23-04-26-5C WHEREAS, the Brushy Creek Regional Utility Authority, Inc. ("BCRUA") has previously entered into a Contract for Engineering Services ("Contract") with Walker Partners for the BCRUA Delivery Point Assessment Project, and WHEREAS, Walker Partners has submitted Supplemental Contract No. I 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. I, Now Therefore BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BRUSHY CREEK REGIONAL UTILITY AUTHORITY: That the Board President is hereby authorized and directed to execute on behalf of the BCRUA Supplemental Contract No. I with Walker Partners, 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 26th day of April, 2023. ANNE DUFFY, President Brushy Creek Regional Utili Authority ATTEST: NA'C LE f HOMPSON '. ec�4 reta ry 0310 4634.A-4854.5016.3018 I Ab BRWEUSHYCREEK REGIONAL UTILITY AUTHORITY A ►ar.n.r.hlp e1 Calor Palk a►a Ad a a.-d Rnvnd Rusk SUPPLEMENTAL CONTRACT NO. 1 TO CONTRACT FOR ENGINEERING SERVICES FIRM: WALKER PARTNERS ("Engineer") ADDRESS: 804 Las Cimas Parkway,Suite 150,Austin, TX 78746 PROJECT: Delivery Point Assessment This Supplemental Contract No. l to Contract for Engineering Services is made by and between the BRUSHY CREEK REGIONAL UTILITY AUTHORITY, INC., hereinafter called "BCRUA" and Walker Partners, hereinafter called the "Engineer." WHEREAS, BCRUA and Engineer executed a Contract for Engineering Services, hereinafter called the "Contract," on the 19th day of July, 2022 for the Delivery Point Assessment Project in the amount of$49,642.00; and WHEREAS,it has become necessary to amend the Contract to modify the provisions for the scope of services and to increase the compensation by $371,987.00 to a total of$421,629.00; 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. it. Article 4 Compensation and Exhibit D, Fee Schedule shall be amended by increasing by $371,987.00 the lump sum amount payable under the Contract for a total of$421,629.00,as shown by the attached Addendum to Exhibit D. IN WITNESS WHEREOF, BCRLIA and the Engineer have executed this Supplemental Contract in duplicate. [signature pages jollo;v] Supplemental Contract Rev.03.'2011 0140.4634-57;4888-4416-7005 XHIBf 1 NA10 215829 WALK R PA RS By: Mon A her, Vice President 04/17/23 Date BRUSHY CREEK REGIONAL UTILITY AUTHORITY, INC. By: Anne Duffy, BCRUA President Date APPROVE A. TO FORM BY: Stephan V. Sheets, BCRUA Attorney ADDENDUM TO EXHIBIT B ENGINEERING SERVICES GENERAL BCRUA (the OWNER) treats and distributes finished water to Cedar Park, Leander, and Round Rock(the Cities)from the transmission system through seven (7)existing delivery points and one additional future delivery point for the City of Round Rock. Each delivery point is comprised of different equipment with different control and monitoring capabilities. A prior preliminary engineering phase identified several improvements that should be made to the existing delivery points to improve operational control and standardize the control and monitoring of flows through the delivery valves. The Delivery Point Improvements Project consists of designing improvements at four(4) Leander, one (1) Cedar Park, and one (1)proposed consolidated Round Rock delivery points. Construction phase services of the Delivery Point improvements Project shall be authorized by supplemental amendment to this Agreement. ASSUMPTIONS ENGINEER'S assumptions apply to al/tasks set forth in this Exhibit. 1) The Delivery Point improvements Project shall include: a) Final design calculations and construction document development of improvements at the existing delivery points necessary to improve functionality of delivery points to the OWNER standard and improve operational control at the following locations: i) City of Cedar Park New Hope Dr/Bagdad Rd intersection Delivery Point ii) City of Leander (1) Bagdad Rd Delivery Point, (2) New Nope Dr/Ronald Reagan Blvd intersection Delivery Point, (3) Finished Water(Travisso)Delivery Point at the BCRUA WTP,and, (4) Raw Water Delivery Point iii) City of Round Rock—I&C improvements only. 2) Delivery Point control methodology will be an MATT based control system. 3) Delivery Point communications will be based on cellular modems. Radio path studies are not required. Radio path studies could be provided for an additional fee if requested. 4) Relevant iT and network security staff from Cedar Park, Round Rock, Leander, and BCRUA are available to participate in project where required. S) The design max hour peaking factor is assumed as 1.2. Daily total flow shall not exceed the design capacity allocation as defined in the Owner Master Contract. 6) Easement acquisition services including right-of-entry, real estate appraisals and land plans, and negotiation are not included in this scope. 4/3/2023 Walker Partners engineers * surveyors 7) Survey services are not included in this scope. 8) Development of funding applications are not included in this scope. 9) Subsurface Utility Engineering (SUE)services are not included in this scope. 10)Coordination with the Pedernales Electric Cooperative(PEC) is not expected, and design of PEC power supply/feed improvements are not included in this scope. 11)ENGINEER shall prepare the construction contracts as competitive seated proposals utilizing the City of Cedar Park Division 0 documents (proposal form, agreement general conditions, and supplemental conditions) and CS! MasterFormat specifications (6-digit, 50 division). 12)The project documents will include a list of BCRUA pre-approved SCADA vendors. The selected Contractor will contract directly with one of the pre-approved SCADA vendors for the SCADA integration. ENGINEER shall develop a control narrative and coordinate programming requirements with the Owner. 13) The design will be based on the federal, state, and local codes and standards in effect at the start of the project. Any changes in these codes may necessitate a change in scope. 14)Preparing to serve or serving as a consultant or witness for OWNER in any litigation, arbitration, or other dispute resolution process related to the Project is not included. 15)Draft and final deliverobles shall be provided in electronic(PDF)format and 10 printed copies shall be provided to Owner for review and filing. Drawings shall generally be produced as bound sets of half-size (11 x 17)prints. Five bound sets of full-size prints of final bidding documents shall be produced. 16)ENGINEER shall not be required to sign any documents, no matter by whom requested, that would result in the ENGINEER having to certify, guarantee, or warrant the existence of conditions whose existence the ENGINEER cannot ascertain. Owner agrees not to make resolution of any dispute with the ENGINEER or payment of any amount due to the ENGINEER in any way contingent upon the ENGINEER signing any such documents. 17)It is recognized that neither ENGINEER nor the Owner has control over the cost of labor, materials or equipment; over the Contractor's methods of determining bid prices; or over competitive bidding, market or negotiating conditions. Accordingly, ENGINEER cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any opinion of construction cost or evaluation prepared or agreed to by ENGINEER. 4/3/2023 OWAer Partners engineers • surveyurs BASIC SCOPE OF SERVICES Task 1.0-Project Management, Coordination and Meetings 1.1 Project Administration. 1.1.1 Project Management Plan (PMP). Develop and document the following plans and procedures to coordinate administration of the contract: team communication, quality management, risk management, health and safety, document control, change management, and cost and schedule control. 1.1.2 Manage and coordinate staff resources, subconsultants, and project planning. 1.1.3 Prepare monthly invoices and project progress reports and updates for the OWNER website portal. As a minimum, monthly progress reports shall include a summary description of tasks completed as of the report date, description of activities planned for the next 60 days, financial status of the project, status of schedule for project, and identification of technical or other issues which may have an impact to the overall project budget and/or schedule. 1.1.4 Provide and maintain the full project schedule in MS Project format that is updated and submitted monthly with each invoice. 1.1.5 Facilitate document control and document sharing for electronic filing of documents. Develop and coordinate drawing and graphic standards. 1.2 Project Meetings. Participants include staff from OWNER and ENGINEER, as well as key ENGINEER subconsultant staff. ENGINEER shall prepare meeting minutes and submit for review and comment within 10 days of each meeting. 1.2.1 Attend a project kickoff meeting with OWNER. 1.2.2 Attend monthly progress meeting with OWNER for a total of 5 meetings. 1.2.3 Attend 1 meeting with the OWNER'S Board to provide a presentation on the background and status of the Project. Task 1.0 Deliverables ■ Monthly invoices and project progress reports ■ Project schedule (submitted monthly) • Project Kickoff and Monthly progress meeting agendas and minutes (6) • Board presentations(1) Task 2.0 -60 Percent Design. 2.1 Confirm flow control valve size and valve type by performing detailed flow and headloss calculations using peak hour flow factor; and, develop torque and cavitation analysis for the proposed delivery point valves: 2.1.1 City of Leander Ronald Reagan Delivery Point; and, 2.1.2 City of Leander Travisso Delivery Point at the OWNER WTP. 2.2 Prepare construction drawings to a 60 percent level of completion. This submittal will include process mechanical and structural plans, sections, and details, additional 4/3/2023 Walker Partners engineers + surveyors electrical and instrumentation sections, schedules, schematics, and details and supplemental standard details. 2.3 Prepare specifications to a 60 percent level of completion. This level of completion shall generally include the following:table of contents, select front end documents, specifications for work related to major project elements, and specifications for major equipment. 2.4 Prepare a 60 percent design opinion of probable construction costs (OPCQ. Contingency shall be set at approximately 20 percent for total project costs. The 20 percent contingency is within the recommended contingency range for a Class 2 estimate based on the guidelines set forth by the American Association of Cost Engineers for a design with 30 to 75 percent project definition level. 2.S Submit 60 percent design documents to Owner for review. Incorporate Owner comments into subsequent submittals and provide written responses to review comments. Task 2.0 Deliverables • 60 Percent Submittal(Drawings, Specifications, Opinion of Probable Construction Costs) Task 3.0-90 Percent Design Submittal. Prepare drawings and specifications at a 90 percent level of completion showing the scope,extent, and character of the work to be performed by or furnished by the Contractor. 3.1 Prepare construction drawings to a 90 percent level of completion. This level of completion is a set of bid-ready documents with the exception of minor comments related to final quality control, Owner review comments, and agency review comments. 3.2 Prepare specifications to a 90 percent level of completion. This level of completion is a set of all contract documents with the exception of minor comments related to final quality control, Owner review comments, and agency review comments. 3.3 Prepare a 90 percent design OPCC. Contingency shall be set at approximately 15 percent which is within the recommended contingency range for a Class 1 estimate based on the guidelines set forth by the American Association of Cost Engineers for a design with 65 to 100 percent project definition level. 3.4 Submit 90 percent design documents to Owner for review. Incorporate Owner comments into subsequent submittals and provide written responses to review comments. Task 3.0 Deliverables • 90 Percent Submittal(Drawings, Specifications, Opinion of Probable Construction Costs) Task 4.0-Final Bidding Documents. Prepare final drawings and specifications sealed and signed by a Professional Engineer registered in the State of Texas and showing the scope, extent, and character of the work to be performed by or furnished by the Contractor. 4/3/2023 W Walker Partners engineers • ., r.;r-yc­_ 4.1 Prepare and furnish final drawings and specifications with incorporated compliance comments and Owner signatures. 4.2 Prepare an OPCC based on the final documents. Contingency shall be set at approximately 15 percent which is within the recommended contingency range for a Class 1 estimate based on the guidelines set forth by the American Association of Cost Engineers for a design with 65 to 100 percent project definition level. Task 4.0 Deliverables ■ Final Bidding Documents(Drawings and Project Monual) ■ Final Opinion of Probable Construction Cost Task 5.0 -Bidding Phase. Assist Owner in advertising, obtaining, and evaluating proposals for the Work. Prequalifying prime contractors and subcontractors is not included in this effort.The Bidding Phase will be considered complete upon issuance of Notice-to-Proceed to the selected Contractor or upon cessation of negotiations with prospective contractors. 5.1 Assist Owner in advertising for and obtaining proposals for the Work and,where applicable, maintain a record of prospective proposers to whom Bidding Documents have been issued, conduct one Pre-Proposal Conference, and attend one site visit. Owner shall pay for advertisement of the Work and make the Contract Documents available on CIVCAST. 5.2 Respond to Proposer questions. Issue Addenda as appropriate to clarify, correct, or modify the Bidding Documents. 5.3 Evaluate and determine the acceptability of"or equals" and substitution of materials and equipment proposed by prospective proposers, provided that such proposals are allowed by the bidding-related documents (or requests for proposals or other construction procurement documents) prior to award of the Contract for the Work. 5.4 Attend the Proposal opening, prepare Bid tabulation sheets, and assist Owner in evaluating Bids or proposals including Alternate Proposals. Review the information in the proposals and advise Owner regarding the interpretation of the information provided as it relates to the selection criteria. Provide reference checks on key personnel from the information provided in the proposal and review the qualifications of key personnel offered. Report findings of the review of proposals and investigations to the Owner's selection committee. Facilitate scoring of proposals by the selection committee and assist in determining which proposal appears to provide the best value to the Owner based on proposals received. 5.5 Prepare conformed bidding documents. Incorporate addenda modifications into the drawings and specifications. Assist Owner in assembling the final Contract for the Work for execution by Owner and successful Proposer. Prepare stamped Engineer's recommendation of award letter and bid tabulation analysis. Furnish up to ten printed copies of the conformed bidding documents, four of which shall be provided to the Contractor. 4/3/2423 ,s Walker Partners engineers * surveyors 5.6 Attend Owner Board and individual City council meetings to present a recommendation of award of the construction contract. 5.7 Consult with Owner to review contractor's certificates of insurance and other required pre-NTP submittals for conformance with the requirements of the contract documents. Task 5.0 Deliverables • Certified Bid Tabulation • Conformed Documents 4/3J2023 Walker Partners engineers * surveyors ADDENDUM TO EXHIBIT C WORK SCHEDULE The assumed overall project schedule is approximately 7 months from notice-to-proceed through completion of bid phase services. The design schedule is approximately 5 months from notice-to-proceed based on 60%, 90%, and 100%design durations of 2 months, 1.5 months, and 1.5 months, respectively, and subject to regulatory agency approvals. Bid phase services are expected to consist of 2 months for advertisement, bidding, recommendation of award, and conformed document preparation. 4/3/2023 Walker Partners engineers . :ufveyu, _ ADDENDUM TO EXHIBIT D Fee Schedule Attached Behind This Page ADDENDUM TO EXHIBIT D COMPENSATION Total compensation for services under Supplemental Amendment No. 1 is estimated to be$371,987. Total compensation for the Project sholl be adjusted from$49,642 to$421,629. ENGINEER'S labor and fee summaries are attached as Appendix 1. 4/3/2023 0�Walker Partners engineers . surveyors � ■ & a' £��°! #z© - ;® © 5 ( . -- --.- --- ----- - � ? ^ �\ ) :® ¥--®� -- • - -- , /}| -- ® •-- «§ f!7\_§ ;(■■ &§ 7(f7$$$ $ .! .... .... .. .- , r | � -- --- -\� � 2# I �a , \\ -- - - �,| t�.I - \ �§J �-|-;�, t - f i k } 7 ! ! ! § ! f a! R ! | £ ) . || 2)f %} ¥ ! ■ | ! ! , | ! | !f )^ �$ a Brustry Creek Regional Mity Auttlortty(BCRUA) act Fee Summary Delivery Point Improvements Final Design and Bidding Basic Sarvlcos(Tasks 1.0-5.0y 1 $371967 47N2023 Detailed Coat Broakdown Total I 3371 967 T.ak E.penta WesI Meals pnnurig Hotef Travel i Other Omer I Other Total Exp Elton Exp.n"Cott 1 0655 $ t.DO s 1.001_3_ 190_ S 100j 1 100 s 100 1 100 1.0 Project Management,Coordination;W14, I )1 1 1 Pr0).cr Am,nso.00n 150 50 I i f 156 12 P,.)ea M-Wa a(7) 360 50 S 300 2.0 60 Percent Design Submittal 2 t flow C-M*4 V.N.0-9..nd Analyse I 1 22 CO woucwn Or.—p.to 50 Pendent Level 25 1 26 23 Spank soon.m 60 Percent Lever 25 S 26 24 OPCC 10 60 Pef—I Lever 1 i $ 2.5 60 Percem Sbvtw and Comment Recovery I S 3.0 90 Percent Design Submittal 31 Cornu—D,—g.,.90 P—M L.vel I 25 5 26 3.2 Speaac.am.ro 90 P—m Level _ I 25 S 26 3.3 OPCC to 90 P—M L.ve1 1 34 90 P.-m S b.,".f.rd Comment Recovav I S 4.0 Final Bidding Documents 41 F.mOr—ps"Sp.aac~. 25 1 S 26 4 2 Fn.l OPCC 3 5.0 Bid Phase Services 51 Pt.n r..u.n,n-d P P-po" 100 50 500 1 1 $ 646 L2— R..p.rld to Pfoposar O..eb-. $53 SubabtutaM Evrtust0n f 5 Proposal Op—q.Bad Tatx4.rpn,Propos Re— 100 50 f 121 5.5 Cankwm.d DoO m.nts.Recpmm.ndaton of Avvard I 500 S 525 5.6 board.nd Co-01 Meettrga 300 1 120 $ 332 5.7 NTP Coad.r.e .nd Document Revww i S Tool Eaparrsas Effort f 6951 f 220 $ 1.286 f is 2.210 Ta ak Subconsuaants Mcr m a FNI Total Sub CreeO Efron 1.0 Project Management,Coordination and Meetings 1 i Protea Adme..baton 9,600.00 5.190 _ _ _ S 15,530 12 Props klesanps(7) 8.772.50 1,880 T S 10.975 2.0 60 Percent Design Subrnktal 2 1 Flow Control Valva Oa mw and AP.1yae -_ f 22 Comauehon Orawarys to 60 Percent Level __ 55,588.75 6,352 f 65.038 23 Spaaseaaora to 60 Pv--Level 10,340.00 Sao _ S 11 424 24 OPCC to 60 Pau(Level 3.720.00 540 f 4.473 2.5 a0 Para_M Comment Sut.Mil em Recovery 5,583.75 98,2 1 6,852 3.0 90 Percent Design Submittal 3 1 Corratuctwn 0r.wnps to 00 Portent incl 28.720.00 3,918 f 32,170 32 _ 8Peo6aoon1 to 90 Percem Level 8,780.00 510 f 9.786 33 OPCC+O 90 P—, Level 2,680.00 540 , f 3,381 34 _ 90 P—m SutmmaI end C-0—OM Radovery 5_,043.75 982 _ _ S 6,306 4.0 Final Bidding Documents 41 Fnrd)--g.and Sp.a6-tic- - 8,040.00 4.313— - ) ( 1 12,971 42 FnYOPCC 350 I $ 378 5.0 Bid Phase Services 5 1 ptw ft u e.nd PVO-Nopo..l 3.807.50 $ 3.788 62 Respond to Prwp Oue.tona 2W Is 5.095 53 Sueamu+wt.Ev.ru.tron 1880.00 900 f 2,898 54 —_Proposal Opw.q.64 Tat."b-.Propoael R.- 55 .-55 Conl"od Donmeno.Recommendabon of Award 2,180.00 1,481 _ f 3,823 200 1 4x32023 Brushy Creek Regional Utility Authortty(BCRUA) Fee Su m . Dellvery Point Improvements Final Design and Bidding B.., S� mz(Tasks 1.0-S.0) 5371,907 413!2021 Detailed Cost Breakdown Tau 1 $371.997 Bo.O vw C«nc.rinonp• 5 NTP CoorO"ll—•d Dxw l Review $ TOW Sutxonsutbrtts VIOM $ 16.3,072 5 11113 i 5 6 t - 1 f 5 194,8aT .a;an CERTIFICATE OF INTERESTED PARTIES FORM 3.295 l of l Complete Nos.1-4 and 6 it there are interested parties. OFFICE USE ONLY Complete Nos.1,2, 3,5, and 6 if there are no interested parties. CERTIFICATION OF FILING I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2023-1010558 Walker Partners, LLC Waco,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 04/21/2023 being filed. Brushy Creek Regional Utility Authority Date Acknowledged: 04/24/2023 3 Provide 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. 3-00816 Professional engineering services in connection with the BCRUA Deliver Point Assessment(Supplemental Contract No. 1). 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check appllcable) Controlling Intermediary Walker, Jr., George E. Waco, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my dale of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of ,20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.7bd706d4 CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl 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 foam,and the city,stats and country of the business entity's place Certificate Number: of business. 2023-1010558 Walker Partners,LLC Waco,TX United States Dale Flied: govemmentaJ entity or state agency th=is a party to the contract for wfilch dw 04121/2023 being filed. Brushy Creek Regional Utility Authority Date Acknowledged: 3 Provide the Identification number used by the govemmer>ml entity or state agency to track or Identify the contract,and provide a description of the services,goods,or other property to be provided under the contract 3-00816 Professional engineering services In connection with the BCRUA Deliver Point Assessment(Supplemental Contract No. 1). 4 Nature of Interest Name of Inwasted Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Walker,Jr.,George E. Waco,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is George E Walker.Jr. and my date of birth is My address is 823 Washington Avenue,Suite 100 Waco TX 76703 U5 (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Mclennan County, State of Texas —on the 21st day of April 2021 (month) (year) Signature of a zed agent of contracting Hess entity (Declarant) Forms provided by Texas Ethics Commission www ethics state tx us Version V3 5 1 7bd706d4 DATE: April 21, 2023 SUBJECT: BCRUA Board Meeting—April 26, 2023 ITEM: SC. Consider a resolution authorizing the President to execute Supplemental Agreement No. 1 with Walker Partners for Engineering Services for the Delivery Point and Raw Water Valve Improvements Project. PRESENTER: Karen Bondy,General Manager BACKGROUND: The Brushy Creek Regional Utility Authority{BCRUA}treats and distributes finished water to the Cities of Cedar Park, Leander, and Round Rock from the finished water delivery system through six existing delivery points and one additional future delivery point for Round Rock.The BCRUA also delivers raw water to Leander through a delivery point near FM 1431. Each delivery point is comprised of different equipment with various control and monitoring capabilities. The BCRUA Master Agreement Sixth Amendment, approved in December 2021, specified that delivery point improvements be made to provide the BCRUA with the ability to regulate and control the rate of flow and to provide for backflow prevention devices. BCRUA contracted with Walker Partners in July 2022 to provide preliminary engineering to identify improvements to the existing delivery points to improve operational control and standardize the control and monitoring of flows through the delivery valves.The initial contract amount was$49,642. Supplemental Agreement No. 1 includes engineering services for designing improvements at for construction of improvements at the delivery points.As part of the design process, the Operating Committee will determine flow control related improvements to be constructed immediately and standardization improvements to be implemented in the future.The opinion of probable construction costs will be developed, and the engineer will assist BCRUA in advertising, obtaining,and evaluating proposals for the work. Construction phase services of the Delivery Point Improvements Project will be authorized by supplemental amendment to the Agreement. FUNDING: The total compensation for Supplemental Amendment No. 1 will not exceed$371,987.00 and will increase the total compensation for Lump Sum tasks to$421,629.00. Each owner city will use local funds for this Supplemental Agreement. Staff and the Operations Committee (OC) have reviewed the attached amendment and exhibits and recommend approval. Staff and representatives of Walker Partners will be present at the Board meeting and will be available to respond to any questions. Each owner city will use local funds for these improvements. ORIGINAL EXECUTED DOCUMENT TO FOLLOW. . . :e7Z BRUSHY CREEK REGIONAL UTILITY AUTHORITY A pa...•.snip .( Gess F—k. t.a w.t■r. awe A9 ..d A.r■ SUPPLEMENTAL CONTRACT NO. l TO CONTRACT FOR ENGINEERING SERVICES FIRM: WALKER PARTNERS ("Engineer") ADDRESS: 804 Las Cimas Parkway, Suite 150, Austin, TX 78746 PROJECT: Delivery Point Assessment This Supplemental Contract No. 1 to Contract for Engineering Services is made by and between the BRUSHY CREEK REGIONAL UTILITY AUTHORITY, INC., hereinafter called "BCRUA" and Walker Partners, hereinafter called the "Engineer." WHEREAS, BCRUA and Engineer executed a Contract for Engineering Services, hereinafter called the "Contract," on the 19th day of July, 2022 for the Delivery Point Assessment Project in the amount of$49,642.00; and WHEREAS, it has become necessary to amend the Contract to modify the provisions for the scope of services and to increase the compensation by $371,987.00 to a total of$421,629.00; NOW THEREFORE,premises considered, BCRUA and the Engineer agree that said Contract is amended as follows: 1. Artie[e.2,,En ineerin 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 and Exhibit D Fee Schedule shall be amended by increasing by $371,987.00 the lump sum amount payable under the Contract for a total of$421,629.00, as shown by the attached Addendum to Exhibit D. IN WITNESS WHEREOF, BCRUA and the Engineer have executed this Supplemental Contract in duplicate. [signtaure pages.rollow] Supplemental Contract Rev.03+201 1 0140.4634-57;4888-4416-7005 215829 WALK R PA RS By: Mon A her, Vice President 04/17/23 Date BRUNF M UTILITY AUTHORITY, INC. By: Anne Duffy, BCRUA P 'dent alU m R l � Date APPROVE A TO FORM• By: J Stephan Sheets,BCRUA Attorney ADDENDUM TO EXHIBIT B ENGINEERING SERVICES GENERAL BCRUA (the OWNER) treats and distributes finished water to Cedar Park, Leander, and Round Rock(the Cities)from the transmission system through seven (7)existing delivery points and one additional future delivery point for the City of Round Rock. Each delivery point is comprised of different equipment with different control and monitoring capabilities. A prior preliminary engineering phase identified several improvements that should be made to the existing delivery points to improve operational control and standardize the control and monitoring of flows through the delivery valves. The Delivery Point Improvements Project consists of designing improvements at four(4) Leander, one(1)Cedar Park, and one (1)proposed consolidated Round Rock delivery points. Construction phase services of the Delivery Point Improvements Project shall be authorized by supplemental amendment to this Agreement. ASSUMPTIONS ENGINEER'S assumptions apply to all tasks set forth in this Exhibit. 1) The Delivery Point Improvements Project shall include: a) Final design calculations and construction document development of improvements at the existing delivery points necessary to improve functionality of delivery points to the OWNER standard and improve operational control at the following locations: i) City of Cedar Park New Hope Dr/Bagdad Rd Intersection Delivery Point ii) City of Leander (1) Bagdad Rd Delivery Point; (2) New Hope Dr/Ronald Reagan Blvd Intersection Delivery Point, (3) Finished Water(Travisso) Delivery Point at the BCRUA WTP,and, (4) Raw Water Delivery Point iii) City of Round Rock—I&C improvements only. 2) Delivery Point control methodology will be on MQTT based control system. 3) Delivery Point communications will be based on cellular modems. Radio path studies are not required. Radio path studies could be provided for an additional fee if requested. 4) Relevant IT and network security staff from Cedar Park, Round Rock, Leander, and BCRUA are available to participate in project where required. 5) The design max hour peaking factor is assumed as 1.2. Daily total flow shall not exceed the design capacity allocation as defined in the Owner Master Contract. 6) Easement acquisition services including right-of-entry, real estate appraisals and land plans, and negotiation are not included in this scope. 4/3/2023 Walker Partners engineers + 7) Survey services are not included in this scope. 8) Development of funding applications are not included in this scope. 9) Subsurface Utility Engineering (SUE)services are not included in this scope. 10)Coordination with the Pedernales Electric Cooperative (PEC)is not expected, and design of PEC power supply/feed improvements are not included in this scope. 11)ENGINEER shall prepare the construction contracts as competitive sealed proposals utilizing the City of Cedar Park Division 0 documents (proposal form, agreement general conditions, and supplemental conditions)and CSI MasterFormat specifications (6-digit, 50 division). 12) The project documents will include a list of BCRUA pre-approved SCADA vendors. The selected Contractor will contract directly with one of the pre-approved SCADA vendors for the SCADA integration. ENGINEER shall develop a control narrative and coordinate programming requirements with the Owner. 13)The design will be based on the federal, state, and local codes and standards in effect at the start of the project. Any changes in these codes may necessitate a change in scope. 14)Preparing to serve or serving as a consultant or witness for OWNER in any litigation, arbitration, or other dispute resolution process related to the Project is not included. 15)Draft and final deliverables shall be provided in electronic(PDF)format and 10 printed copies shall be provided to Owner for review and filing. Drawings shall generally be produced as bound sets of half-size(11 x 17)prints. Five bound sets of full-size prints of final bidding documents shall be produced. 16)ENGINEER shall not be required to sign any documents, no matter by whom requested, that would result in the ENGINEER having to certify, guarantee, or warrant the existence of conditions whose existence the ENGINEER cannot ascertain. Owner agrees not to make resolution of any dispute with the ENGINEER or payment of any amount due to the ENGINEER in any way contingent upon the ENGINEER signing any such documents. 17)It is recognized that neither ENGINEER nor the Owner has control over the cost of labor, materials or equipment;over the Contractor's methods of determining bid prices;or over competitive bidding, market or negotiating conditions. Accordingly, ENGINEER cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any opinion of construction cost or evaluation prepared or agreed to by ENGINEER. 4/3/2023 Walker Partners engineers * surveyors BASIC SCOPE OF SERVICES Task 1.0-Project Management, Coordination and Meetings 1.1 Project Administration. 1.1.1 Project Management Plan (PMP). Develop and document the following plans and procedures to coordinate administration of the contract: team communication, quality management, risk management, health and safety, document control, change management, and cost and schedule control. 1.1.2 Manage and coordinate staff resources, subconsultants, and project planning. 1.1.3 Prepare monthly invoices and project progress reports and updates for the OWNER website portal.As a minimum, monthly progress reports shall include a summary description of tasks completed as of the report date, description of activities planned for the next 60 days,financial status of the project, status of schedule for project, and identification of technical or other issues which may have an impact to the overall project budget and/or schedule. 1.1.4 Provide and maintain the full project schedule in MS Project format that is updated and submitted monthly with each invoice. 1.1.5 Facilitate document control and document sharing for electronic filing of documents. Develop and coordinate drawing and graphic standards. 1.2 Project Meetings. Participants include staff from OWNER and ENGINEER, as well as key ENGINEER subconsultant staff. ENGINEER shall prepare meeting minutes and submit for review and comment within 10 days of each meeting. 1.2.1 Attend a project kickoff meeting with OWNER. 1.2.2 Attend monthly progress meeting with OWNER for a total of 5 meetings. 1.2.3 Attend 1 meeting with the OWNER'S Board to provide a presentation on the background and status of the Project. Task 1.0 Deliverables ■ Monthly invoices and project progress reports ■ Project schedule (submitted monthly) ■ Project Kickoff and Monthly progress meeting agendas and minutes (6) ■ Board presentations (1) Task 2.0-60 Percent Design. 2.1 Confirm flow control valve size and valve type by performing detailed flow and headloss calculations using peak hour flow factor; and, develop torque and cavitation analysis for the proposed delivery point valves: 2.1.1 City of Leander Ronald Reagan Delivery Point; and, 2.1.2 City of Leander Travisso Delivery Point at the OWNER WTP. 2.2 Prepare construction drawings to a 60 percent level of completion. This submittal will include process mechanical and structural plans, sections, and details, additional 4/3/2023 w Walker Partners engineers + surveyors electrical and instrumentation sections, schedules, schematics, and details and supplemental standard details. 2.3 Prepare specifications to a 60 percent level of completion. This level of completion shall generally include the following: table of contents, select front end documents, specifications for work related to major project elements, and specifications for major equipment. 2.4 Prepare a 60 percent design opinion of probable construction costs (OPCC). Contingency shall be set at approximately 20 percent for total project costs. The 20 percent contingency is within the recommended contingency range for a Class 2 estimate based on the guidelines set forth by the American Association of Cost Engineers for a design with 30 to 75 percent project definition level. 2.5 Submit 60 percent design documents to Owner for review. Incorporate Owner comments into subsequent submittals and provide written responses to review comments. Task 2.0 Deliverables • 60 Percent Submittal(Drawings, Specifications, Opinion of Probable Construction Costs) Task 3.0-90 Percent Design Submittal. Prepare drawings and specifications at a 90 percent level of completion showing the scope, extent, and character of the work to be performed by or furnished by the Contractor. 3.1 Prepare construction drawings to a 90 percent level of completion. This level of completion is a set of bid-ready documents with the exception of minor comments related to final quality control, Owner review comments, and agency review comments. 3.2 Prepare specifications to a 90 percent level of completion. This level of completion is a set of all contract documents with the exception of minor comments related to final quality control, Owner review comments, and agency review comments. 3.3 Prepare a 90 percent design OPCC. Contingency shall be set at approximately 15 percent which is within the recommended contingency range for a Class 1 estimate based on the guidelines set forth by the American Association of Cost Engineers for a design with 65 to 100 percent project definition level. 3.4 Submit 90 percent design documents to Owner for review. Incorporate Owner comments into subsequent submittals and provide written responses to review comments. Task 3.0 Deliverables ■ 90 Percent Submittal(Drawings, Specifications, Opinion of Probable Construction Costs) Task 4.0-Final Bidding Documents. Prepare final drawings and specifications sealed and signed by a Professional Engineer registered in the State of Texas and showing the scope, extent, and character of the work to be performed by or furnished by the Contractor. 4/3/2023 @)Tenlker Partners ineers • surveyors 4.1 Prepare and furnish final drawings and specifications with incorporated compliance comments and Owner signatures. 4.2 Prepare an OPCC based on the final documents. Contingency shall be set at approximately 15 percent which is within the recommended contingency range for a Class 1 estimate based on the guidelines set forth by the American Association of Cost Engineers for a design with 65 to 100 percent project definition level. Task 4.0 Deliverables ■ Final Bidding Documents (Drawings and Project Manual) ■ Final Opinion of Probable Construction Cast Task 5.0-Bidding Phase. Assist Owner in advertising, obtaining, and evaluating proposals for the Work. Prequalifying prime contractors and subcontractors is not included in this effort. The Bidding Phase will be considered complete upon issuance of Notice-to-Proceed to the selected Contractor or upon cessation of negotiations with prospective contractors. 5.1 Assist Owner in advertising for and obtaining proposals for the Work and, where applicable, maintain a record of prospective proposers to whom Bidding Documents have been issued, conduct one Pre-Proposal Conference, and attend one site visit. Owner shall pay for advertisement of the Work and make the Contract Documents available on CIVCAST. 5.2 Respond to Proposer questions. Issue Addenda as appropriate to clarify, correct, or modify the Bidding Documents. 5.3 Evaluate and determine the acceptability of"or equals" and substitution of materials and equipment proposed by prospective proposers, provided that such proposals are allowed by the bidding-related documents (or requests for proposals or other construction procurement documents) prior to award of the Contract for the Work. 5.4 Attend the Proposal opening, prepare Bid tabulation sheets, and assist Owner in evaluating Bids or proposals including Alternate Proposals. Review the information in the proposals and advise Owner regarding the interpretation of the information provided as it relates to the selection criteria. Provide reference checks on key personnel from the information provided in the proposal and review the qualifications of key personnel offered. Report findings of the review of proposals and investigations to the Owner's selection committee. Facilitate scoring of proposals by the selection committee and assist in determining which proposal appears to provide the best value to the Owner based on proposals received. 5.5 Prepare conformed bidding documents. Incorporate addenda modifications into the drawings and specifications. Assist Owner in assembling the final Contract for the Work for execution by Owner and successful Proposer. Prepare stamped Engineer's recommendation of award letter and bid tabulation analysis. Furnish up to ten printed copies of the conformed bidding documents,four of which shall be provided to the Contractor. 4J3/2023 @DWAer Partners engineers + ;urvcyc�; 5.6 Attend Owner Board and individual City council meetings to present a recommendation of award of the construction contract. 5.7 Consult with Owner to review contractor's certificates of insurance and other required pre-NTP submittals for conformance with the requirements of the contract documents. Task 5.0 Deliverables • Certified Bid Tabulation ■ Conformed Documents 4/3/2023 @DWAer Partners engineers * surveyors ADDENDUM TO EXHIBIT C WORK SCHEDULE The assumed overall project schedule is approximately 7 months from notice-to-proceed through completion of bid phase services. The design schedule is approximately 5 months from notice-to-proceed based on 60%, 90%, and 100%design durations of 2 months, 1.5 months, and 1.5 months, respectively, and subject to regulatory agency approvals. Bid phase services are expected to consist of 2 months for advertisement, bidding, recommendation of award, and conformed document preparation. 4/3/2023 OWAer Partners engineers * surveyors ADDENDUM TO EXHIBIT D Fee Schedule Attached Behind This Page ADDENDUM TO EXHIBIT D COMPENSATION Total compensation for services under SupplementalAmendment No. 1 is estimated to be$371,9&7. Total compensation for the Project shall be adjusted from$49,642 to$421,629. ENGINEER'S labor and fee summaries are attached as Appendix 1. 4/3/2023 Walker Partners engineers r suv�y:�rs Brushy Creek Regional Utility Authottty(BCRUA) Fat Saiminuiry Deitvery Point Improvements Final Design and BiddingBasic 34rviceslTasks 1.0.5.0) _ 5371 987 4/312023 Detailed Cost Breakdown Total act 5371.987 Basic and Special Servkes Employs" i.sas tierwr nose✓, epa swan Total I{ Total Labor Task Position r I-0 OA= a.— 1 c"Eno— osen coo I b,a,y Total Hours Effort Expense TOW Sub Effort Total Effort rt Tasks 1 Cement Hoorty Ba Rate- $300 $300 $275 $275 $150 3125 $175 1 S90 1.0 Project Management,Coordination and Meetings I 111 Proles AamNbtrsson 1 16 40 1 14 71 S 17,380 $ 156 S 15.530 S 33.046 1.2 projea Meets 7 10 14 B I 2 34 S 8,230 $ 300 $ 10.975 $ 19.506 2.0 160 Percent Design Submittal i 21 Flow Control Valve and An 2 2 2 8 18 36 ! 68 S 11 150 S $ $ 11,150 2.2 Construction Oi—p to 60 Peroenl Lerel 1 12 8 12 t 24 40 92 189 S 34.100 $ 26 S 65,038 $ 99,194 2.3 Specr&Adws b 60 Parcerd Lwei 4 8 8 16 4 1 40 $ 8,500 $ 26 $ 11.424 S 19.950 2.4 OPCC to 60 Percent Lwd 2 1 2 B 12 25 S 4,125 S - S 4,473 S 8.596 2.5 60 Pendent Subm1t W and Comment Raoorwv 1 1 4 12 t6 8 { 12 53 S 76M S 5 6.852 $ 14.532 3.0 90 Percent Design Submittal I _ 3.1 Canatn�D—irgs to 90 P-1 Loral 1 �B 4 _16 132— 40 130 161 $ 28,500 S 26 $ 32,170 $ 80,696 SpedScatrons to 90 Peroem Lwel 1 4^ 6 1fi 24 24 77 $ 14.700 $ 26 f 9.786 S 24.512 3 1 OPCC to 90 Pendent Lwal 2 2 2� 4 � B M 18 S 3,300 S $ 3.381 $ 6.681 3.4 I 90 Pwoerd SUbmmd and Comment Reconery 2 B 1 12 16 1 4 12 54 S 6,3130 S S 6,306 S 14,686 4.0 Final Bidding Documents I 4-1 Find Drawing,and 0 1 4 8 12 16 1 16 1 24 4 85 S 15.960 S 26 S 12.971 S 28.957 4.2 Find OPCC 2 1 2 1 4 I 4 13 $ 2,525 $ S 378 $ 03 2.9 5.0 Bid Phase services I I I I 5.1 Plan Isuunoe and Pre-Proposal V' I 2 1 2 I 4 1 1 2 10 $ 1.930 S 648 S 3.788 S 6.364 5.2 Respond to Propwer OuG.Ows V I 1 1 2 1 4 I 2 9 S 1.675 S $ 5,095 $ 8,770 5.3 Sub tWb—E-load— v i 1 1 2 1 2 1 6 $ 1 100 $ $ 2.898 S 3,99e 5.4 Propo"granny,Bol Tabulation.Proposal Fteriew V I 1 _! 2 1 4 7 S 1,450 $ 121 S S 1.571 5.5 C 6d *d D000mems,Reoommendat w of Award 1 1 1 2 4 7 $ 1,275 $ 525 f 3,823 S 5,623 5.6 Sosr4 and Council Me 0-P V I 8 _ I 8 S 2.400 S 332 S S 2,732 5.7 NTP C—d-1 on and Doct -1 Ftwiew { 2 1 2 S 550 S $ S 550 I I 1 Total Basle Saroces Hours 7 80 44 154 194 2201 192_ _ 48 937 f 174.890 $ 2,210 S 194,687 f 371,987 Total Basic Swr ioaa Labor Effort S 2 100 f 24.000 f 12,1001 f 42,350 $ 29,100 f 27.5001 f 33,800 f 4,140 •011 ."x23 Brushy Creek Regional Utility Authority(BCRUA) Project Fee Sumfflary Del"Point Improvements Final Design and BMding Basic Services Tasks 1.0-5.0) 5371,987 41312023 Detailed Coat Breakdown Total Project $371.967 Task Expenses Wes Meals Pnnbrg Hote! Travel Other Ottw OSser T Effort Expenw Cost I S OW S 100 $ 1.00 $ 1001$ 100 $ 1 001$ 1.00 $ 1.00 1.0 Project Management,Coordination and Meetings I 1 1 1 P.opa A4mnntr.00n 150 50 $ 156 1.2 PRopa Meebnoa(7) 360 50 f 300 2.0 60 Percent Design Submittal 2 1 R-Cpnool V.Ne O-gn and Anaty.i. $ 2.2 C-uucban 0-9.to 60 Percent Level 25 I S 26 2.3 Sp-ft-t...to 60 P-M Level 25 S 26 2.4 OPCC ro 60 Percenl Level I S 2$ 60 Percenl Submrbsl and Comment Retovny I 1 S 3.0 90 Percent Design Submittal 3.1 ConO-t n Oravwi9.to 90 Perttnt L-1 _I 25� `l j�.•--.M S �26 3.2 sm.fiubona to 90 Percem Level �25 !_ I S 26 33 OPCC to 90 Percenl Level ! I f 34 90 Percent Submittal and Comment Recovery I $ 4.0 Final Bidding Documents 4.1 Fnei Drawn9.end Sp..6ca n. 25 I ! $ 26 4.2 Fa OPCC _ i I ! $ 5.0 Bid Phase Services 5.1 Aw Isws-and Re-Prv;,Q" 100 1 50 500 1 S 646 52 R.apw d to Proposer Oue.00n. 1 I ! S 5.3 Suesbtuboa.Eraluatxsrs ` _ I I S 54 Proposal OpenaV.84 Tsbtdab ,Proposal Rev,ew 100 1 50 ! I S 121 5.5 Cp O-d Doaanenn.Recommendation of Award 1 500 f 525 5.6 board and C-CO Meetn9s 300 120 $ 332 57 NTP Coordnaasn and Documml Revww S Total Expenses Effort f 895 f 220 i 1,2661 f S f f f f 2.270 Tota Task Subconwttanta MCreeo& Fill Efflb 1.0 Project Management,Coordination and Meetings 1 1 1 Props Admnr."Mn 9.600.00 i 5,190 c® S 15,530 1.2 Proper Meetn9s(7) B,T72.50 1I 1,880 f 10,975 2.0 ISO Percent Design Submittal 21 Flow Gonad Nehre Oespn and Anafw. - $ 22 Censtrucb-Ora,.n9s to 60 Percent Level 55,588.75 8,352 S 65.038 2.3 Speaficabon.to 60 Percent Lev_e1 10,340.00 540 S _ 11.424 2.4 OPCC 10 60 P-1 Level 3,720.00 540 I $ 4,473 2.5 60 Percenl Sub-ttsl and Comment Re Wy 5,583.75 OW I $ 6,852 3.0 90 Percent Design Submittal 3.1 Cen.eucnon Oravrc+g.1.90 Percent Level _ 28,7"10 3.918 $ 32,170 3.2 Peranm Level 8.760.00 540 _ S 9.786 33 OPCC to 90 Percent Level 2,880.00 540 $ 3,381 3.4 90 Percent Submroai and Cwnmam Rerovery 1 5,043.75 _982 I $ 6.306 4.0 Final Bidding Documents 41 Fnel 0rawn9s and Spea6cebons 8.040.00 4,313 I 1 S 12.971 4.2 Fnal OPCC 360 __ 1 S 378 5.0 Bid Phase Servkes 5.1 Plan l.wence and Pse-Proposal 3,807_.50 8 3,788 5.2 Respond to Propo.a Oue.uon. 2,830.002,022 8 5,095 5.3 Subsmubon.Evaluaan 1,880.00+�900 t 8 2.898 54 Proposal:*ins-9.64 TabL4.t,-P.op*W Review f 5.5 Conformed Documents.Recommendation of Award 2,160.00 1,481 1 _ _ _ f_- 3.823 2 of J 413f= Brushy Creek Regional Utility AuMortty(BCRUA) fee Summay Deltvery Point Improvements Final Design and Bidding Servioen(T■ska 1 0 3 0) $371,987 413!2023 Detailed Coat Breakdown Total Pro I $371,887 r Roue ana Lound M-9. S NTP Co dinamn end 0--t Review $ Total Subconsuttants Effort $ 161,072 S 31,815 S - f - S f - S 5 f 194,887 1 a�1 4f 2e21