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BCRUA_R-20-01-22-6A RESOLUTION NO. R-20-01-22-6A 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 1C Water Treatment Plant Expansion and Phase 2 Land Rights and Stakeholder Coordination Project, and WHEREAS, Walker Partners has submitted Supplemental Contract No. 9 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. 9, 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. 9 with Walker Partners for the BCRUA Phase 1 C Water Treatment Plant Expansion and Phase 2 Land Rights and Stakeholder Coordination Project, 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 22nd day of January, 2020. hops lmundmcktexas•my s"aintcomlpmanallmadams roundtocktexas_govlDocumenidDocumenlslBCRUA Woking filesMackel pocumemY20201Res.BCRUA SC 49 w-Walker Partners for the BCRUA Phm 2 Land Rights and Stakeholder Coordination Project,(OM82SUAWS)doe ANNE DUFFY, Presi# t Brushy Creek Regional tility Authority ATTEST: r J N SHAW, Secretary W WESICK REGIONAL UTILITY AUTHORITY A Par to—hip of Cedar Park. L,and,r. and Round Rack SUPPLEMENTAL CONTRACT NO. 9 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. 9 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. 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 I C 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.0312011 0140.463440;00437993 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 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, BCRUA and Engineer executed amended Supplemental Contract No. 6 on September 25, 2019 to modify the provisions for the scope of services and to increase the compensation by $497,885.00 for Phase 2 Land Rights and Stakeholder Coordination Project to a maximum amount total of$2,827,685.00 for a total Project compensation of $5,562,785.00; and WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 7 on November 15, 2019 to modify the provisions for the scope of services and to increase the compensation by $49,400.00 for Phase 2 Land Rights and Stakeholder Coordination Project to a maximum amount total of$2,877.085.00 for a total Project compensation of$5,612,185.00; and WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 8 on November 20, 2019 to modify the provisions for the scope of services and to increase the compensation by $447,880.00 for Phase 2 Land Rights and Stakeholder Coordination Project to a maximum amount total of$3,324,965.00 for a total Project compensation of$6,060,065.00; 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 $498,590.00 for Phase 2 Land Rights and Stakeholder Coordination Project to a maximum amount total of$3,823,555.00 for a total Project compensation of$6,558,655.00; 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. II. Article 4, Compensation and Exhibit D, Fee Schedule shall be amended by increasing by $498,590.00 the maximum amount payable under the Contract for Phase 2 Land Rights and Stakeholder Coordination Project to a total of$3,823,555.00 for a total Project compensation of $6,558,655.00, 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: George ff Walker,Jr., Preside CEO Januafy 17,2020 Date 3 BRUSHY CREEK REGIONAL UTILITY AUTHORITY, INC. By: Anne Duffy, Preside Date APPROVED AS TO FORM: By: S s,ACNeA Attorney Pa�� s�,� ADDENDUM TO EXHIBIT B ENGINEERING SERVICES GENERAL The purposes of Supplemental Amendment No. 9 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. BASIC SCOPE OF SERVICES Task 2.0-Phase 2 Land Rights and Stakeholder Coordination Insert Task 2.6 as follows: 2.6 Additional Easement Acquisition 2.6.6 Project Management, Coordination and Meetings 2.6.6.1 Attend monthly progress meetings with OWNER for a total of 7 meetings 2.6.6.2 Manage and coordinate staff resources,subconsultants, and project planning. 2.6.6.3 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. 2.6.6.4 Facilitate document control and document sharing for electronic filing of documents. Maintain project and parcel/easement documents. 2.6.6.5 Prepare, update and maintain initial property owner contact list. 2.6.6.6 Maintain records of all payments to property owners including amount and date paid. 2.6.6.7 Maintain copies of all correspondence and contacts with property owners. 2.6.7 Land Acquisition and Right of Way. Support acquisition of easements and land rights for the Project. The estimated total number of parcels/easements is 55 parcels including 50 parcels/easements for electrical improvements and 5 parcels/easements for temporary construction easements. 1/13/2020 ®Walker Partners engineers . surveyors 2.6.7.1 Negotiation Services, Real Estate Appraisals, and Land Plan. 2.6.7.1.1 Notices. Prepare and conduct personal pre-appraisal contact with interest owners or their designated representatives for each parcel/easement and offer an opportunity to accompany the Appraiser on the inspection of the subject property. 2.6.7.1.2 Secure written permission from the property owner or their designated representative to enter the subject property. If, after diligent effort, the Appraiser is unable to secure written permission from the property owner,a written waiver must be obtained from Owner. 2.6.7.1.3 Appraisal Report. Prepare an appraisal report for each parcel/easement to be acquired. Reports will conform to the Uniform Standards of Professional Appraisal Practice as promulgated by the Appraisal Foundation. 2.6.7.1.4 Land Plan. Prepare a land plan for the Seth property. Consider the location and depth of the tunnel and review property owner's master plan in relationship to the proposed tunnel. Prepare schematic plans, exhibits,and a land plan report. Review findings with Village of Volente staff to evaluate feasibility. Prepare a remainder plan with required alterations to the property owner's master plan. 2.6.7.1.5 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. 2.6.7.1.6 Cause the recordation of original instruments immediately after closing at the respective 2.6.7.1.7 County Clerk's Office, except for donations, which must be forwarded to OWNER for acceptance by the OWNER Board prior to recording. 2.6.7.1.8 If negotiations are unsuccessful,send a final offer package to property owners by CMRRR. 2.6.7.1.9 Prepare and provide to OWNER a memo requesting condemnation proceedings using information from the Title Commitment and other available sources to join interested parties. Insert Task 2.7 as follows: 2.7 Special Commissioner Hearings. A total of seven hearings are currently assumed. 2.7.1 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). 1/13/2020 ®VYdir P�dlrtriers engineers • surveyors No Text 2.7.2 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. 2.7.3 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.). 1/13/2020 @) r Partners sers * 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 42 months. 1/10/2020 ©�ngineers * Surveer yors Partners e ADDENDUM TO EXHIBIT D Fee Schedule Attached Behind This Page ADDENDUM TO EXHIBIT D COMPENSATION Total compensation for services under Supplemental Amendment No. 9 is estimated to be $498,590 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 individuals providing expert witness testimony are calculated as Direct Personnel Expense times a factor of 2.9. Total compensation for Task 2.0—Land Rights and Stakeholder Coordination shall be adjusted to be $3,823,555. Total compensation for the Project shall be adjusted to$6,558,655. 1/10/2020 engineers . surveyors AttachmeM 1 to Exhbk D Brushy Creek Regional Utility Authority Phase 1C WTp Expansion and Phase 2 Land Rights and Stakeholder Coordination-Supplemental Amendment No,a Labor and Fee Summary Walker Partners Latter Classiliaabans and Hours Senior Senior Walker Walker Walker Subconsultant Cost Project QAFQC Process Project Senior Admin Partners Partners Partners Total Manager Reviewer Engineer Engineer Designer Support Total Hours Expenses Total Cast Cobb Fandley Schnabel M&S Fee TASK DESCRIPT30N Task 2,0•Land Rights and Stakeholder Coordination 2,4 Additional Easement Acyuistion 2.8.9 Project Management,Coordination,Meetalps 8 2 H 18 5500 54,010 $12,540 $19.550 2.9.7 Land Aoquisbon and Right of Way --- Sub Management Fee 5758.250 5158.250 �`� S8.500 27SpecialCommisslonarHaorings 175 194� 18 19 24 18 283 $750 366.940 $89.800 575,000 55 AN M290 Sub Management Fee $71.000 311.000 TOTALS 187 10 16 76 24 24 281 $1,250 slea,1S0 $259,580 $75,090 $55,990 $495,590