BCRUA_R-22-05-18-6A - 5/18/2022BCRUA_R-22-05-18-6A
BCRUA—Phase 2 Raw Water Delivery System Section 00500—Agreement
1.0 THE WORK OF THIS CONTRACT
Unless otherwise provided in the Contract Documents, the CONTRACTOR shall be
responsible for performing or causing to be performed all Worl< including labor and
materials, necessary to build, construct, erect and equip the Project in accordance with
the Contract Documents and, at its own cost and expense, to furnish all the materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete the said construction,in accordance with
the Contract Documents and for the Contract Price defined in Section 3.0 of this
Agreement .
The Contract Documents for this Project include this Agreement and the following
documents: i
3
i
• Modifications
• General Conditions
• Specifications bearing the title BCRUA Phase 2 Raw Water Delivery System,
Volume 1—Technical Specifications, consisting of Divisions as listed in the Table
of Contents of the Project Manual, dated November 3, 2021
• Geotechnical Data Report bearing the title BCRUA Phase 2 Raw Water Delivery
System, Volume 2—Geotechnical Data Report, dated July 2021
• Geotechnical Baseline Report bearing the title BCRUA Phase 2 Raw Water
Delivery System, Volume 3—Geotechnical Baseline Report, dated July 2021
• Drawings consisted of the following sheets and volumes:
o Sheets numbered G-0 to TC-45 and bearing the title BCRUA Phase 2 Raw
Water Delivery System, Volume 1 — General, Raw Water Intake,
Maintenance Building and Raw Water intake Tunnel
o Sheets numbered AD-1 to ID-28 and bearingthe title BCRUA Phase 2 Raw
Water Delivery System, Volume 2—Raw Water Pump Station i
o Sheets numbered CD-1 to CD-31 and bearing the title Brushy Creek
Regional Utility Authority Raw Water Pump Station, Volume 3 — Raw
Water Pump Station
o Sheets numbered CE-1 to CL-1 and bearing the title BCRUA Phase 2 Raw
Water Delivery System, Volume 4 — Cedar Park WTP, Raw Water
Transmission Tunnel and Pipeline, Leander Delivery Facilities - Sandy
Creek WTP, and Jackson Street Extension
• Addenda 01 through 07
• Proposal Form (Section 00300)
• Conflict of Interest Questionnaire (Section 00300-A)
• Certificate of Interested Parties (Section 00300-B)
• Pump Proposal (Section 00400-A)
• Vendor Compliance with Reciprocity of Non-Resident Bidders (TWDB-0459)
• Contractor's Act of Assurance (ED-103)
I
Page 2 of 10
Issued for Bid(Revised by AD-05)
BCRUA—Phase 2 Raw Water Delivery System Section 00500—Agreement
• Contractor's Act of Assurance Resolution (ED-104)
• Notice of Award (Section 00510)
• Notice to Proceed (Section 00520)
0 Performance Bond (Section 00610)
• Payment Bond (Section 00620)
Contractor's Certificate of Insurance
46 All other documents listed in the Project Manual dated November 3, 2021 not
i
listed above
In addition to the provisions set forth in other Contract Documents, including but not
limited to Section 3.03 of the General Conditions, in the event that a conflict between any
of the provisions within the Contract Documents exist, OWNER shall determine which
provision controls. If CONTRACTOR identifies the conflict, CONTRACTOR shall notify
Owner's representative of the conflict, in writing.
The Contract Documents are forms adopted by Owner and are not subject to negotiation,
I
modification or change unless Owner, in its sole discretion, agrees to do so.
2.0 CONTRACT TIME AND COMPLETION
§ 2.1 The date of commencement of the Work shall be stated in a Notice to Proceed
issued by the OWNER.
§ 2.2 Contract Time
§2.2.1 The Contract Time shall be measured from the date of commencement.
§2.2.2 Time is of the essence in all phases of the Work. Additionally, time limits
and periods of time stated in the Contract Documents are of the essence. It is
specifically understood and agreed to by and between OWNER and CONTRACTOR '
that time is of the essence in the substantial and final completion of the Work,
and that failure to substantially complete or finally complete the Work within the
designated period, or as it may be extended,shall be construed as a breach of this
Agreement. i
i
§ 2.3 Substantial Completion
The CONTRACTOR shall achieve Substantial Completion, as that term is defined in
the Contract Documents, of the entire Work not later than 1740-Galendar-days
1700 calendar days (AD-05) from the date of commencement, subject to any
adjustments of this Contract Time as provided in the Contract Documents.
Page 3 of 10
Issued for Bid(Revised by AD-05)
BCRUA—Phase 2 Raw Water Delivery System Section 00500—Agreement
§2.4 Liquidated Damages
The CONTRACTOR acknowledges and recognizes that the OWNER is entitled to full
and beneficial occupancy and use of the completed Work following expiration of
the Contract Time. The CONTRACTOR further acknowledges and agrees that, if
the CONTRACTOR fails to achieve Substantial Completion of any portion of the
Work within the Contract time,the OWNER will sustain actual damages as a result
of such failure. OWNER and CONTRACTOR agree that the exact amount of such
damages will be difficult, if not impossible, to ascertain. Therefore, the OWNER
and CONTRACTOR agree that, if the CONTRACTOR should fail, or refuse to achieve
Substantial Completion ofthe Work bythedate of Substantial Completion,subject
to extensions of the Contract Time granted bythe OWNER,then the CONTRACTOR
agrees to pay the OWNER the sum of
Eighteen thousand dollars ($18,000)
for each Calendar Day in which such Work is not Substantially Complete, not as
penalty, but as a reasonable estimation of the damages ("Liquidated Damages")
that would be suffered by OWNER as a result of delay for each and every calendar
day that the CONTRACTOR shall have failed to achieve Substantial Completion of
the Work as required herein. The Liquidated Damages shall be in lieu of any and
all other damages which may be incurred by OWNER as a result of the failure of
CONTRACTOR to achieve Substantial Completion of the Work within the Contract
Time.
§ 2.5 Final Completion
§ 2.5.1 Timely Final Completion is an essential condition of this Agreement.
CONTRACTOR agrees to achieve Final Completion of the Work within 60 calendar
days of the designated or extended date of Substantial Completion. {
§ 2.5.2 Final Completion means actual completion of the Work, including any
extras or Change Orders reasonably required or contemplated under the Contract i
Documents other than warranty work that may be required pursuant to the
Contract Documents.
3.0 CONTRACT PRICE
§ 3.1 The OWNER shall pay the CONTRACTOR the Contract Price in current funds for the
CONTRACTOR's proper and complete performance of the Work and all of CONTRACTOR's
obligations under the Contract Documents. The Contract Price shall be Two hundred
twenty-four million seven hundred eighty-six thousand eight hundred thirty-five dollars
and no cents ($224,786,835.00), subject to additions and deductions as provided in the
Contract Documents.
Page 4 of 10
Issued for Bid(Revised by AD-05)
BCRUA—Phase 2 Raw Water Delivery System Section 00500—Agreement
BASE PROPOSAL:
Item
No Quantity Unit Item Description Unit Price Amount
Bonds, Mobilization,
1. 1 LS $12,500,000.00 $12,500,000.00
Demobilization, and Insurance
? 5,000 LF Trench Safety $5.00 $25,000.00
Cost for demolition of the
existing Owner and Cedar Park
3 1 LS raw water intake barges and $250,000.00 $250,000.00
appurtenances per the
applicable Drawings
Construction of all Work as
specified and detailed,
i 1 LS complete and in place,except $198,475,000.00 $198,475,000.00
for Work included in other
Proposal Items
5 2 LS Commissioning and Start-up $275,000.00 $275,000.00
Allowance for SCADA
6 1 LS Programming and $3,974,610.00 $3,974,610.00
Instrumentation
TOTAL BASE PROPOSAL AMOUNT $215,499,610.00
Page 5 of 10
Issued for Bid(Revised by AD-05)
BCRUA—Phase 2 Raw Water Delivery System Section 00500—Agreement
§ 3.2 The Contract Price is based upon the following alternates which are described in the
Contract Documents and are hereby accepted by the OWNER:
ALTERNATE PROPOSAL ITEM:
i
I
Indar Submersible Turbine Pumps and Motors
Item No. Quantity Unit Item Description Unit Price Amount
Furnish four(4) sets of
complete and operable Cedar
Park pumps, motors, piping,
Indar-1 1 LS spare parts and $2,377,000.00 $2,377,000.00
appurtenances compliant
with the requirements of the
Contract Documents.
Furnish four(4) sets of
complete and operable
BCRUA Initial pumps, motors,
Indar-2 1 LS piping,spare parts and $3,618,000.00 $3,618,000.00
appurtenances compliant
with the requirements of the
Contract Documents.
Furnish one(1) unit of a
complete and operable
BCRUA Ultimate pump,
Indar-3 1 LS motor, piping,spare parts $1,862,000.00 $1,862,000.00
and appurtenances compliant
with the requirements of the
Contract Documents.
TOTAL INDAR SUBMERSIBLE TURBINE PUMPS AND MOTORS !
$7,857,000.00
AMOUNT
i
1
Page 6 of 10
Issued for Bid(Revised by AD-05)
SCRUA—Phase 2 Raw Water Delivery System Section 00500—Agreement
ADDITIVE ALTERNATE PROPOSAL ITEMS:
Item
No Quantity Unit Item Description Unit Price Amount
EA Additional spot bolts $68.00 $3 740.00
AA _i 5`i ,
' in the Main Shaft
Additional spot bolts
AA-; 20 EA in the Suction and $78.00 $1,560.00
Temporary Chambers
AA-3 225 EA Additional spot bolts $29.00 $6,525.00
in the Tunnels
Additional Type ll
AA-4 400 LF ground support in the $35.00 $14,000.00
Intake Tunnel
Additional Type fl
AA 5 150 LF ground support in the $30.00 $4,500.00
Transmission Tunnel
Additional
AA-6 2 EA Mobilization for $8,000.00 $16,000.00
probe drilling to the
Intake Tunnel heading
Additional
Mobilization for
AA-7 1 EA probe drilling to the $8,000.00 $8,000.00
Transmission Tunnel
heading
Additional probe
AA-8 440 J drilling in the Intake $68.00 $29,920.00
Tunnel
Additional probe
AA 9 220 LF drilling in the $68.00 $14,960.00
Transmission Tunnel
Page 7 of 10
Issued for Bid(Revised by AD-05)
BCRUA—Phase 2 Raw Water Delivery System Section 00500—Agreement
Item
No. Quantity Unit Item Description Unit Price Amount
Additional tunnel
AA-10 1 Time& grouting inclusive of $400,000.00 $400,000.00
Materials the Intake and
Transmission Tunnels
Lake level flooding
AA-11 15 Days above Elevation 690,0 $50,000.00 $750,000.00
feet above mean sea
level
AA-12 59,600 Pounds 40%Sodium $1.50 $89,400.00
Permanganate
AA-13 51,000 Pounds
18.25-21.7S%Copper :1.50 $76,500.00
Sulfate Pentahydrate
AA-14 100,800 Pounds 10.0—12.S%Sodium $15,120.00
Hypochlorite
TOTAL ADDITIVE ALTERNATE AMOUNT $1,430,225.00
4.0 PAYMENT
§4.1 APPLICATIONS FOR PAYMENT
Subject to any applicable provisions set forth in other Contract Documents, each
Application for Payment shall be based on the most recent schedule of values ("Schedule
of Values") submitted by the CONTRACTOR in accordance with the Contract Documents,
The Schedule of Values shall allocate the entire Contract Price among the various portions
of the Work. The Schedule of Values shall be prepared in such form and supported by
such data to substantiate its accuracy as the ENGINEER and OWNER may require. The
Schedule of Values, as approved by the ENGINEER or OWNER, shall be used as a basis for
reviewing the CONTRACTOR's Applications for Payment. As the Work progresses the
Schedule of Values may be revised as the OWNER and ENGINEER, in their sole discretion,
may deem appropriate to reflect the sequencing of the Work and the values to be
assigned to each portion of the Work included in the Schedule of Values.
Page 8 of 10
Issued for Bio(Revised by AD-05)
BCRUA—Phase 2 Raw Water Delivery System Section 00500—Agreement
§4.1.1 Applications for Payment shall show the percentage of completion of each portion
of the Work as of the end of the period covered by the Application for Payment. Subject
to the provisions of the General Conditions, the CONTRACTOR shall prepare its
Application for Payment for a progress payment as of the last day of each calendar month
and submit it, with the required number of copies, to the Engineer for review. The total
value of work completed to date shall be based on the actual or estimated quantities of
Work completed and, if applicable, on the unit prices contained in the Agreement (or
approved schedule of values relating to lump sum bids)and adjusted by approved Change
Orders. The value of materials properly stored on the Site shall be based upon the
estimated quantities of such materials and the invoice prices. Copies of all invoices shall
be available for inspection by the ENGINEER.
§4.1.2 Subject to other provisions of the Contract Documents, the amount of each
progress payment shall be computed as follows:
.1 Take that portion of the Contract Price properly allocable to completed
Work as determined by multiplying the percentage completion of each
portion of the Work by the share of the Contract Price allocated to that
portion of the Work in the Schedule of Values, less retainage of Five
percent (5.00%). Pending final determination of cost to the OWNER of
changes in the Work, amounts not in dispute shall be included; j
i
.2 Add that portion of the Contract Price properly allocable to materials and
equipment delivered and suitably stored at the site for subsequent
incorporation in the completed construction(or, if approved in advance by
the OWNER, suitably stored off the site at a location agreed upon in
writing), less retainage of Five percent (5.00%);
.3 Subtract the aggregate of previous payments made by the OWNER;and
.4 Subtract amounts, if any,for which the ENGINEER has withheld or nullified
an Application for Payment.
§ 4.1.3 The Contractor shall be responsible for the care and protection of all materials
and Work upon which payments have been made until final acceptance of such Work and
materials by the Owner. Such payments shall not constitute a waiver of the right of the
Owner to require the fulfillment of all terms of the Contract Documents and the delivery
of all improvements embraced in Contract Documents complete and satisfactory to the
Owner in all respects.
§4.1.4 Reduction or limitation of retainage, if any, shall be as follows: Reduction or
limitation of retainage shall be at the OWNER's sole discretion.
Page 9 of 10
Issued for Bid(Revised by AD-05)
BCRUA—Phase 2 Raw Water Delivery System Section OOS00—Agreement
§41.1.5 Except with the OWNER's prior approval, the CONTRACTOR shall not make
advance payments to suppliers for materials or equipment which have not been delivered
and stored at the site.
§ 4.2 FINAL PAYMENT
§ 4.2.1 Final payment, constituting the entire unpaid balance of the Contract Price,shall
be made by the OWNER to the CONTRACTOR when:
.1 the CONTRACTOR has fully performed its obligations under the Contract
Documents, except for the CONTRACTOR's responsibility to correct Work
as provided in the General Conditions, and to satisfy other requirements,
if any,which extend beyond Final Payment; and
I
.2 a letterof Final Acceptance has been issued bythe ENGINEER and accepted
i
by the OWNER.
.3 CONTRACTOR has satisfied all of the conditions to receipt of Final
Payment as set forth in the General Conditions.
§4.2.2 The OWNER's final payment to the CONTRACTOR shall be made no later than 30
days after the Work has been completed and accepted by the OWNER, in writing,
following the issuance of the ENGINEER's final Certificate for Payment:
i
This Agreement is entered into as of the day and year written above ("The Date of Execution"
or"Effective Date of the Agreement"):
OWNER CONTRACTOR
BRUSHY CREEK REGIONAL UTIL.TY AUTHORITY THAL.LE/SAK J INT VENTURE
By: By: —_ -
.. rrephen E. Kohler
Name: StEK
N� �e1 ,r� Name: _
Title: iDCFL0c ;rd IR-C, Title: President and COO
Page 10 of 10
Issued for Bid(Revised by AD-05)