R-2019-0287 - 7/11/2019 RESOLUTION NO. R-2019-0287
WHEREAS, the City of Round Rock, Texas (the "City") is a participating and founding
member of the Brushy Creek Regional Utility Authority, Inc., (the "BCRUA"); and
WHEREAS, the BCRUA retained engineering services with Walker Partners for the Phase 1 C
Water Treatment Plant Expansion and Phase 2 Land Rights and Stakeholder Coordination Project; and
WHEREAS, Walker Partners has submitted Supplemental Contract No. 6 to the Contract to
modify the provisions for the scope of services and to increase the compensation by $1,084,900; and
WHEREAS, the City desires to authorize the BCRUA to enter into said supplemental contract
with Walker Partners,Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the City Council hereby authorizes the Brushy Creek Regional Utility Authority to enter
into Supplemental Contract No. 6 with Walker Partners for the Phase 1 C Water Treatment Plant
Expansion and Phase 2 Land Rights and Stakeholder Coordination Project, a copy of said contract
being attached hereto as Exhibit"A" and incorporated herein for all purposes.
The City Council 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 1 lth day of July, 2019.
CRAIGORGA , Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Clerk
0112.1902;00427071
EXHIBIT
"A"
REGIONAL vITu -
Br'\u'SHY CREEK
A Pa r r n e r s h i p of Cc d a r Pa1-le., Leander, and R and Ra r.k
SUPPLEMENTAL CONTRACT NO. 6
TO CONTRACT FOR ENGINEERING SERVICES
FIRM: WALKER PARTNERS ("Engineer")
ADDRESS: 804 Las Cimas Parkway, Suite 150,Austin, TX 78746
PROJECT: Phase 1C Water Treatment Plant Expansion and Phase 2 Land Rights
and Stakeholder Coordination
This Supplemental Contract No. 6 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 April, 2017 for the BCRUA Phase 1C Water Treatment
Plant Expansion in the lump sum amount of $1,763,900.00 and Phase 2 Land Rights and
Stakeholder Coordination Project in the maximum amount of $2,012,600.00 for a total Project
compensation of$3,776,500.00; and
WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 1 on July 19, 2017 to
amend the scope of services and to increase the compensation by $14,100.00 for Phase 1 C Water
Treatment Plant Expansion to a lump sum amount total of$1,778,000.00 and by $212,000.00 for
Phase 2 Land Rights and Stakeholder Coordination Project to a maximum amount total of
$2,224,600.00 for a total Project compensation of$4,002,600.00; and
WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 2 on November 20,
2017 to amend the scope of services and to increase the compensation by $19,600.00 for Phase
IC Water Treatment Plant Expansion to a lump sum amount total of$1,797,600.00 for a total
Project compensation of$4,022,200.00; and
WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 3 on April 18, 2018 to
amend the scope of services and to increase the compensation by $105,200.00 for Phase 2 Land
Rights and Stakeholder Coordination Project to a maximum amount total of$2,329,800.00 for a
total Project compensation of$4,127,400.00; and
WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 4 on October 24, 2018
to add the construction phase services for the Phase 1 C Construction Phase Services Project and
to increase the compensation by $897,200.00 for a total Project compensation of$5,024,600.00;
and
1
Supplemental Contract Rev.03/2011
0140.4634-40;00426290 215829
WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 5 on April 30, 2019 to
modify the provisions for the scope of services and to increase the compensation by $40,300.00
for Phase 1 C Water Treatment Plant Expansion to a lump sum amount total of$2,735,100.00 for
a total Project compensation of$5,064,900.00; 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 $1,084,900.00 for Phase 2 Land Rights
and Stakeholder Coordination Project to a maximum amount total of$3,414,700.00 for a total
Project compensation of$6,149,800.00;
NOW THEREFORE, premises considered, BCRUA and the Engineer agree that said Contract
is amended as follows:
I.
Article 2, Engineering Services and Exhibit B, Engineering Services shall be amended as set
forth in the attached Addendum To Exhibit B. Exhibit C, Work Schedule shall be amended as
set forth in the attached Addendum To Exhibit C.
I1.
Article 4, Compensation and Exhibit D, Fee Schedule shall be amended by increasing by
$1,084,900.00 the maximum amount payable under the Contract for Phase 2 Land Rights and
Stakeholder Coordination Project to a total of$3,414,700.00 for a total Project compensation of
$6,149,800.00, 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]
2
WALKER PARTNERS
By:
Date
3
BRUSHY CREEK REGIONAL UTILITY AUTHORITY, INC.
By:
Jason Shaw,President
Date
APPROVED AS TO FORM:
By:
Stephan L. Sheets, BCRUA Attorney
4
ADDENDUM TO EXHIBIT B
ENGINEERING SERVICES
GENERAL
The purposes of Supplemental Amendment No. 6 are as follows:
- Support OWNER with the acquisition of electric easements associated with rebuilding
existing Pedernales Electric Cooperative(PEC)overhead distribution lines from the PEC
Nameless Substation to the pump station site;
- Support OWNER with the acquisition of temporary construction easements needed for the
Phase 2 Raw Water Delivery System Project;
- Support OWNER in obtaining easements by serving as a consult or witness for the OWNER in
Special Commissioner Hearings.
- Provide on-call technical support and coordination with PEC(provided by subconsultant
M&S).
BASIC SCOPE OF SERVICES
Task 2.0 - Phase 2 Land Rights and Stakeholder Coordination
Insert Task 2.5 as follows:
2.5 Additional Easement Acquisition
2.5.6 Project Management, Coordination and Meetings
2.5.6.1 Attend monthly progress meetings with OWNER for a total of 15
meetings
2.5.6.2 Manage and coordinate staff resources, subconsultants, and project
planning.
2.5.6.3 Prepare monthly invoices and project progress reports. 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.
2.5.6.4 Facilitate document control and document sharing for electronic filing
of documents. Maintain project and parcel/easement documents.
2.5.6.5 Prepare, update and maintain initial property owner contact list.
2.5.6.6 Maintain records of all payments to property owners including amount
and date paid.
2.5.6.7 Maintain copies of all correspondence and contacts with property
owners.
6/19/2019 alk r Partners
2.5.7 Land Acquisition and Right of Way. Support acquisition of easements and land
rights for the Project. The estimated total number of parcels/easements is 54
parcels including 49 parcels/easements for electrical improvements and 5
parcels/easements for temporary construction easements.
2.5.7.1 Surveying. Perform site surveying for 5 temporary construction
easements, 49 electric easements, and 1 monitoring well easement.
Perform boundary survey and prepare exhibits and field notes of
parcels to be conveyed. Complete topographic survey of temporary
construction easements. Horizontal and vertical datums for project
control will remain on NAD83/NAVD88 Texas State Plane, Central Zone.
2.5.7.2 Negotiation Services.
2.5.7.2.1 Research official public records to update ownership and provide
vesting deeds to surveyor.
2.5.7.2.2 Prepare Broker's Opinion of Value for each easement.
2.5.7.2.3 Analyze appraisal report and confirm OWNER approved value
prior to making offer for each parcel/easement. Submit request
for authorization to make offers.
2.5.7.2.4 Prepare and send the letter transmitting the Landowner's Bill of
Rights by Certified Mail-Return Receipt Requested (CMRRR).
2.5.7.2.5 Prepare documents required on forms approved by OWNER (i.e.,
the initial offer letter, memorandum of agreement, instruments of
conveyance).
2.5.7.2.6 Send the written offer and appraisal report to each property
owner or the property owner's designated representative by
CM RRR.
2.5.7.2.7 Maintain follow-up contacts and secure the instruments
necessary for the closing upon acceptance of the offer.
2.5.7.2.8 Respond to property owner inquiries verbally or in writing within
two business days.
2.5.7.2.9 ENGINEER performs closing services in conjunction with the Title
Company and will be required to attend closings. In the event of a
closing by mail, title work will be reviewed prior to the closing by
mail and again prior to recording of the instrument.
2.5.7.2.10 Cause the recordation of original instruments immediately after
closing at the respective County Clerk's Office, except for
donations, which must be forwarded to OWNER for acceptance by
the OWNER Board prior to recording.
2.5.7.2.11 If negotiations are unsuccessful, send a final offer package to
property owners by CMRRR.
2.5.7.2.12 Prepare and provide to OWNER a memo requesting
condemnation proceedings using information from the Title
6/19/2019
- - a.ker Partners
°r is €peers * surve-yors
Commitment and other available sources to join interested
parties.
2.5.7.3 PEC Technical Support and Coordination. Support OWNER through
coordination with PEC for development of the Temporary Power
Project. Attend project coordination meetings and conference calls as
needed.
Insert Task 2.6 as follows:
2.6 Special Commissioner Hearings. A total of eight hearings (five subsurface and three electric
easements) are currently assumed.
2.6.1 Attend meetings with OWNER'S legal counsel to review appraisals, land plans, and
prior engineering documents and prepare for forthcoming depositions or
testimonies. One land plan is assumed for the Seth property (Parcel 048).
2.6.2 Provide information or assistance needed by the OWNER or OWNER'S legal
counsel to prepare for easement proceedings. Exhibits and other visuals required
for the proceedings will be prepared. If required by a motion or request for the
production of documents during the pre-trial discovery process, information will be
assembled and provided as required by civil procedure. Such information may
include but is not limited to technical design calculations and drawings,
communication and correspondence, and supporting documentation.
2.6.3 Assist OWNER in obtaining easements by serving as a consultant or witness for the
OWNER in Special Commissioner Hearings.
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:
1. Any changes or modifications to the approved right of way or easement documents because of
design changes by Owner.
2. Litigation beyond condemnation hearing (i.e. deposition,jury trial, etc.).
6/19/2019� Aer a t��ers
ADDENDUM TO EXHIBIT C
WORK SCHEDULE
The work schedule for Task 2.0—Land Rights and Stakeholder Coordination shall be extended from
17 months to 41 months.
6/19/2019 1' 1� n ers
ADDENDUM TO EXHIBIT D
Fee Schedule
Attached Behind This Page
Supplemental Contract Rev.03/2011
0140.4634-40;00387904 215829
ADDENDUM TO EXHIBIT D
COMPENSATION
Total compensation for services under Supplemental Amendment No. 6 is estimated to be
$1,084,900 as shown in Attachment 1.
OWNER shall pay ENGINEER for Basic Services on the basis of Standard Hourly Rates as described in
Paragraph 2.0 of Exhibit D as described in Exhibit D Compensation of the Agreement dated April 19,
2017. Hourly rates for Engineer's services under Task 2.6 Special Commissioner Hearings for
individual providing expert witness testimony are detailed below.
Total compensation for Task 2.0— Land Rights and Stakeholder Coordination shall be adjusted to be
$3,414,700.
Total compensation for the Project shall be adjusted to$6,149,800.
Expert Witness Labor Rate Schedule
Appraiser $250-$425
Land Planner $250
Engineer $250-$420
6/19/2019aWd1.ker.Partners
ar-Igi n eer,s * s,ur/e:E'Jr$
Attachment 1 to Exhibit D
Brushy Creek Regional Utility Authority
Phase 1C WTP Expansion and Phase 2 Land Rights and Stakeholder Coordination-Supplemental Amendment No.6
Labor and Fee Summary
Walker Partners Labor Classifications and Hours
Senior Sonior Walker Walker Walker Subconsuhant Cost
Project QA1OC Process Project Senior Admin Survey 2 Man Survey Partners Partners Partners Total
Manager Reviewer Engineer Engineer Designer 1 Support RPLS Survey Crew Technician Total Hours Expenses Total Cost Cobb Fendley Schnabel M&S
Fee
TASK DESCRIPTION
- .._..-----
Task 2.0-Land Rights and Stakeholder Coordination --- -- -
Bil!;ng Rate $290.00 $275.00 $225.00 $16500 $155.00 $8000 $20000 $145.00 $10000
2.5 Additional Easement Acquistion
2.56 Protect Management,Coordination,Meetings 80 4 40 60 24 208 $SDO $41,000 835.700
2.5.7 Land Acquistion and Right of Way $76,700
2.5.7.1 Surveying 8 8 8 24 240 650 1,100 2,038 $2250 $262260
2.5.7.2 Negotiation Services 1.s. ......... ......... ............ ._.._.._. ......... ... .. ... .... _. ................ $262260
..............................
40 ....... $100 $6660 $326,040..
2.5.7.3 PEC Technical Support 'S._ 24 ....... _.. $332.700...
........................................................ 16 550 $4,690
...._.............-.--.._...... $25 000 $29,690
Sub Management Fee _............_....._.._....................................................................................._. __.....................-........................
................................._........-......................-�..........._...._.............-.....-..-.........
$19,300 $19.300
SUBTOTAL-Task 2.5 Additional Easement A tsition $34.800 $3,300 $7,920 $8,640 $52.800 $94,250 $110,000 $311.710 $2,900 $333.910 $361.740
$25A00 $720.650
_.__....... _......Bil/�ng Rate ..$390 00 _ 5275.00-. .....$225 00.. ..__$165.00 $155..00 $80.00 $200.00 $145 00 $100 00 _
2.6 Special Commissioner Hearings ..
9
200 16 16 20 30 20
............ $_....... .......... ........ ........................................ _
$12.800 $12.800
SUBTOTAL-Task 2.6 Special Commissioner Heann s $78,000 $4.400 S3:600 $3.300 $4-650 $1.600 $95,550 1 $750 $109.100 $124,300 $75,000
$55-850 $364.250
TOTAL HOURS 320 28 16 68 30 128 264 650 1,100 2,604
TOTAL FEE $112,800 $7,700 $3,600 $11,220 $4,650 $10,240 $52,800 $94,250 $110,000 $407,260 1 $3,650 1 $443,010 $486,040 $75,000 $80,850
$1,084,900