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BCRUA_R-19-06-26-7A RESOLUTION NO. R-19-06-26-7A 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 Phase IC 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, and WHEREAS, the BCRUA desires to enter into said Supplemental Contract No. 6, 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. 6 with Walker Partners, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. 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 26th day of June, 2019. JAS SHAW, President Bru iy Creek Regional Utility Authority ATTEST: RENE,, FLORES, S cret I It['RUA hoard I'acketxd'acket Ihscuments,2-719106'_6'_C 19\Res ItCItUA-SC a6 w.%%alker Partnere(OOA263A7zAOSFB)doc BRUSHY C REGIONAL UTILITY AUTHORITY A hartna 11h 1P al Cedar Park, Leander. and Rend R—G: SUPPLEMENTAL CONTRACT NO. 6 TO CONTRACT FOR ENGINEERING SERVICES FIRM: WALKER PARTNERS ("Engineer") ADDRESS: 804 Las Cimas Parkwa 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 1 C 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. l on July I9, 2017 to amend the scope of services and to increase the compensation by$14,I00.00 for Phase I 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 I 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;00426290EA`1H9Wm1T 'W' 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. if. 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. [signalure pages follovi] 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 a 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 consultor 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 y Walker Partners engineers + surveyors 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 CMRRR. 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 Od alker Partners ngineers + surveyors 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 W Wakr Partners tiler$ Pngineers + surveyors 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 01Fen alker Partnersgineers . surveyors ADDENDUM TO EXHIBIT D Fee Schedule Attached Behind This Page Supplemental Contract Rev.032021 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-$420 6/1912019 Walker 1 dl Luer$ engineers + surveyors � � ■■ § | �� � ■ 222. §|k k � � � � # ■ | � | . ■ a !■� I E§ �■�■| #■■ ■ �; ' I Il � � | � ■ ��■ f \f� , § § g J ! ` \ � � / a ■ | . � ■ - � I � � . � ! � � � �� � \ � ��■ s § ■ a . � | � ©! $ ! . 7 § - � � �(■ �e $ � ƒ ; � ! � ||� ■ , .� .- � gi | • ! |�i�� ;-2, | m § ®® i|a � § ■ l�����|§ |§ i DATE: June 21, 2019 SUBJECT: BCRUA Board Meeting—June 26, 2019 ITEM: 7A. Consider a resolution authorizing the President to execute Supplemental Agreement No. 6 with Walker Partners for Phase 1C Water Treatment Plant Expansion and Phase 2 Land Rights and Stakeholder Coordination Project. PRESENTER: Karen Bondy,General Manager BACKG R O U N D/J U ST I FIC ATI ON: The original contract was approved on April 19,2017 as follows: Phase 1C Water Treatment Plant Expansion Design (Lump Sum) $1,763,900.00 Phase 2 Land Rights&Stakeholder Coordination(Not To Exceed) $2,012,600.00 TOTAL $3,776,500.00 Five Supplemental Contracts have since been approved, leaving the new contract balances as: Phase 1C Water Treatment Plant Expansion Design (Lump Sum) $1,837,900.00 Phase 1C Construction Phase Services(Not To Exceed) $897,200.00 Phase 2 Land Rights&Stakeholder Coordination(Not To Exceed) $2,329,800.00 CURRENT TOTAL $5,064,900.00 Supplemental Agreement No. 6 includes services for the Phase 2 Land Rights and stakeholder Coordination effort for areas where improvements are needed to overhead electric in existing easements and also includes a limited number of temporary construction easements.Support for any Special Commissioner Hearings is also included.These services include project management, right of way and land acquisition efforts,agency and stakeholder coordination,and preliminary design updates. The amounts billed will be based on the cumulative hours charged to the project during the billing period by each class of the engineer's employees,times standard hourly rates for each applicable billing class, plus reimbursable expenses,and engineer's consultant's charges.Amounts payable to the engineer for reimbursable internal expenses and the engineer's consultant expenses,will be subject to a 5%overhead factor.The total compensation for these services is estimated as a not to exceed amount of$1,084,900.00. If approved,the new project budget totals will be: Phase 1C Water Treatment Plant Expansion Design (Lump Sum) $1,837,900.00 Phase 1C Construction Phase Services(Not To Exceed) $897,200.00 Phase 2 Land Rights&Stakeholder Coordination(Not To Exceed) $3,414,700.00 NEW TOTAL $6,149,800.00 BCRUA staff and the Operations Committee(O.C.) have reviewed the proposed Supplemental Contract#6 with Walker Partners 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: Supplemental Contract No.6 will be funded by 2018 SWIFT funds for Cedar Park and Leander and by Phase 1A savings for Round Rock. This contract exceeds the Board maximum limit of$500,000 and will therefore require separate consideration and approval by all three-member city councils, before final authorization to proceed can be issued. CERTIFICATE OF INTERESTED PARTIES FORM 3.295 loll 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. 2019-504988 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 06/14/2019 being filed. Brushy Creek Regional Utility Authority Date Acknowledged: 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. 3-00619 Professional surveying and engineering services in connection with the BCRUA Phase 1C Water Treatment Plant Expansion and Phase 2 Land Rights and Stakeholder Coordination Project. 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicablel 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 George R Walker,Jr. and my date of birth is 12/26/1960 My address is 823 Washington Avenue.Suite 100 Waco TX 76701 Us (street) (city) (state) (zip code! (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in McLennan County, Stale of Texas ,on the 14th day of June .20 19 (month) (year) Signature of auth6rized agent of contractito business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.39f8039c ORIGINAL EXECUTED DOCUMENT TO FOLLOW... ' 1b w,NBRUSHYCREEK REGIONAL UTILITY AUTHORITY A Partnership of G.dar Fark. L.aod.r, and Round Meek 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 I C 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. l on July 19, 2017 to amend the scope of services and to increase the compensation by$14,100.00 for Phase I 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 I 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 I Supplemental Contract Rev.012011 0140.463440,00426290 215829 +�� , le_ /q -7 A 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 l 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. I[. 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. [signalure pages follow] WALKER PARTNERS 13Y - Lbw Date 3 BRUSHY CREEK REGIONAL UTILITY AUTHORITY, INC. By: J n Shaw, President (t, � Date APPROVE TO FORM: By: Stephan 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 Z 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 MO. 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 Walker Partners engineers + surveyors 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 CMRRR. 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. 2.5.7.2.1D 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 6119/2019 Walker Partners engineers * surveyors 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.). 6/49/2019 @WAer 1 dl tnerS :n9ineers • surveyors ADDENDUM TO EXHIBIT C WORK SCHEDULE The work schedule for Task 2.0—Land Flights and Stakeholder Coordination shall be extended from 17 months to 41 months. 611912019Walker Partners engineers . surveyors ADDENDUM TO EXHIBIT D Fee Schedule Attached Behind This Page Supplemental Contract Rev.03/2011 0140.463440;00387904 215879 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 6/19/2019 Walker Partners engineers . surveyors �! | ■{|■■ 2■ ' ■ ■ §I|;§ §■§ | ; � ■ \ � ! ■ 2 � G ; � � ) � ) ■ PI ■2| 2 � ■s■ ■ ■ ® ! { 7 � " H - | f | | | � ! | ! � �� \ \ \ ■\ � $ §{® f§ ! i � I , � � � ■ � ■" a ■ 2 . ! ~ . . . � § � � . ■�:_;:|! .|§ § : _