BCRUA_R-21-04-28-6C RESOLUTION NO. R-21-44-28-6C
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. 15 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. 15, 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. 15 with Walker Partners for the BCRUA Phase 1C 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 28th day of April, 2021.
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RENE LORES, Presid t
Brushy Creek Regional Uti ity Authority
ATTEST:
ANNO DUFFY, S retary
2
■ BRUSHY CREEK
REGIONAL UTILITY AUTHORITY
A Partnership of Cedar Pa, k Lear Ear. .-e #Duna Rcca
SUPPLEMENTAL CONTRACT NO. 15
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. 15 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
1C 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 1C 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;00467114 215829
EXHIBIT "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 1C 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, BCRUA and Engineer executed Supplemental Contract No. 9 on January 22, 2020
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; and
WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 10 on April 3, 2020 to
modify the provisions for the scope of services and to increase the compensation by $38,608.00
for Phase 1 C Water Treatment Plant Expansion to a lump sum amount total of$2,773,708.00 for
a total Project compensation of$6,597,263.00; and
WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 11 on April 3, 2020 to
modify the provisions for the scope of services and to increase the compensation by $40,815.00
for Phase 1C Water Treatment Plant Expansion to a lump sum amount total of$2,814,523.00 for
a total Project compensation of$6,638,078.00; and
WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 12 on April 3, 2020 to
modify the provisions for the scope of services and to increase the compensation by $26,400.00
for Phase 1C Water Treatment Plant Expansion to a lump sum amount total of$2,840,923.00 for
a total Project compensation of$6,664,478.00; and
WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 13 on November 4,
2020 to modify the provisions for the scope of services and to increase the compensation by
$38,600.00 for Phase 1C Water Treatment Plant Expansion to a lump sum amount total of
$2,879,523.00 for a total Project compensation of$6,703,078.00; and
2
WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 14 on February 3,
2021 to modify the provisions for the scope of services and to increase the compensation by
$49,700.00 for Phase IC Water Treatment Plant Expansion to a lump sum amount total of
$2,929,223.00 for a total Project compensation of$6,752,778.00; 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 $254,311.00 for Phase 2 Land Rights and
Stakeholder Coordination Project to a maximum amount total of$4,077,866.00 for a total Project
compensation of$7,007,089.00;
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
$254,311.00 the maximum amount payable under the Contract for Phase 2 Land Rights and
Stakeholder Coordination Project to a total of$4,077,866.00 for a total Project compensation of
$7,007,089.00, 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]
WALKER PARTNERS
By: George E. Walker, Jr.
President/CEO
16 March 2021
Date
BRUSHY CREEK REGIONAL UTILITY AUTHORITY, INC.
By:
Rene Flores, President
Date
APPROVED AS TO FORM:
By:
Stephan L. Sheets, BCRUA Attorney
s
ADDENDUM TO EXHIBIT B
ENGINEERING SERVICES
GENERAL
Phase 2 has involved approximately 240 properties in various ways including research, obtain right
of entry agreements, analysis of re-route options and negotiation of land rights. Previous
professional services agreements assumed right of entry agreements would be needed on 211
parcels and, of those, acquisition of land rights on 197 parcels would be involved. Below are
descriptions of additional services not captured in prior scopes of services.
• Acquisition of 13 new easements, in addition to the 2 easements previously authorized,for
North Rim Drive electrical upgrades. The original alignment appeared to use public rights of
way and existing easements. Upon further analysis, it was determined by PEC that the
existing easements were sufficient for the existing infrastructure but do not allow for the
installation of infrastructure for the additional circuit needed to provide power to the pump
station. (The alignment also had to be modified near FM 1431 to accommodate a request
by the owners of the organic farm to remove all electric infrastructure and easements from
the property.)
• Condemnation litigation support services(schedule hearings, service of notices, obtain
Special Commissioners'oaths, secure conference room for hearings)for 8 hearings (SA-8).
This assumes the continued use of ENGINEER'S meeting room for special commissioners'
hearings at no cost.
• Research land title and acquisition of land rights from Travis County for Leander Sandy Creek
Electric Yard.
• Support construction activities for the valve replacement in Phase 1C, including trespass
claims.
• Research and acquisition of land rights needed for the development of the maintenance
building site including exchange of access easement and electric easement rights on
neighboring property, development of Jackson Street, and Bernard Street/Sherman Street
intersection improvements.
• Coordinate removal of Gross's private water system from maintenance building site
according to the terms of the settlement agreement for the acquisition of the site.
• Re-initiation (start over)of acquisition of 15 easements due to ownership changes (death,
divorce, sales, etc.), design changes on 2 parcels, and 2 additional properties not mapped by
Travis Central Appraisal District but identified in the field by surveyor.
• Research potential locations to move monitoring wells outside of right-of-way.
• Acquisition of monitoring well site.
3/12/2021 Walker Partners
engineers * surveyors
• Evaluation of re-routes from Nameless Road to Trails End Road(North Rim Subdivision)
including map production.
• Obtain Right of Entry Agreements for access to 16 additional properties between Nameless
Road at FM 1431 and North Rim at Trails End Road needed for survey and design.
The following assumptions have been made in preparing the Scope of Services:
• Fees associated with title commitments, insurance, recording fees, and title curative will be
paid by OWNER.
• Fees charged by financial institutions to process lien releases of title escrow fees will be paid
by OWNER.
• Fees charged by court reporter or legal services will be paid directly by OWNER.
BASIC SCOPE OF SERVICES
Task 2.0 -Phase 2 Land Rights and Stakeholder Coordination
Insert Task 2.8 as follows:
2.8 Additional Easement Acquisition Services
2.8.6 Project Administration
2.8.6.1 Attend monthly progress meetings with OWNER as needed.
2.8.6.2 Manage and coordinate staff resources, subconsultants, and project
planning.
2.8.6.3 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.
2.8.6.4 Facilitate document control and document sharing for electronic filing
of documents. Maintain project and parcel/easement documents.
2.8.6.5 Update and maintain property owner contact list.
2.8.6.6 All project and parcel/easement documents will be kept in the
ENGINEER'S Austin office, with permanent records transferred to
OWNER, as the Office of Permanent Record.
2.8.6.7 Maintain records of all payments to property owners including amount
and date paid.
2.8.6.8 Maintain copies of all correspondence and contacts with property
owners.
2.8.6.9 Provide support to OWNER for Real Estate inquiries
3/1212021 Walker Partners
engineers * surveyors
2.8.7 Acquisition of Land Rights for the Electric Yard Site
2.8.7.1 Research official public records, historic aerial imagery, and other
documents related to the construction, operation and maintenance of
the Sandy Creek Water System.
2.8.7.2 Prepare package with request for easement from Travis County for the
Electric Yard Site and facilities connecting the electric yard and the
Sandy Creek Water System intake barge.
2.8.7.3 Support Travis County staff to secure the easement.
2.8.8 Land Acquisition and Right of Way for the Monitoring Well and Additional North
Rim Drive Electrical Easements
2.8.8.1 Evaluation of potential re-routes for electric facilities from Nameless
Road at FM 1431 to North Rim Drive at Trails End Road. Coordinate with
M&S to evaluate potential routes for the electric facilities including land
ownership research, site inspections, cost estimates and map
preparation.
2.8.8.2 Surveying. Perform site survey for additional North Rim Drive
easements. Horizontal and vertical datums for project control will
remain on NAD83/NAVD88 Texas State Plane, Central Zone.
2.8.8.3 Provide support to the engineering team for the identification of sites
suitable for monitoring wells.
2.8.8.4 Research official public records to update ownership and provide
vesting deeds to surveyor.
2.8.8.5 Submit request for authorization to make offers.
2.8.8.6 Prepare and send the letter transmitting the Landowner's Bill of Rights
by USPS First Class Mail and Certified Mail-Return Receipt Requested
(CMRRR).
2.8.8.7 Prepare documents required on forms approved by Owner (i.e., the
initial offer letter, memorandum of agreement, instruments of
conveyance).
2.8.8.8 Maintain follow-up contacts and secure the instruments necessary for
the closing upon acceptance of the offer.
2.8.8.9 Respond to property owner inquiries verbally or in writing within two
business days.
2.8.8.10 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.
3I1212021 neers * surveyors
01e
ker Partners
ngi
2.8.8.11 If negotiations are unsuccessful, send a final offer package to property
owners by CMRRR.
2.8.8.12 Prepare and provide to Owner a memo requesting condemnation
proceedings using information from the Title Commitment and other
available sources to join interested parties.
2.8.9 Condemnation Support Services (assumes 8 hearings)
2.8.9.1 The OWNER Legal Counsel ("OWNER LC")files the petition and all
related documents with the Court and in the Real Property Records.
2.8.9.2 Following appointment of Special Commissioners ("Commissioners") by
the judge, ENGINEER shall secure the following documents:
2.8.9.2.1 Oath of Commissioners signed by the Commissioners;
2.8.9.2.2 Order Setting the Hearing; and
2.8.9.2.3 Two copies of the Notice of Hearing signed by the
Commissioners.
2.8.9.3 ENGINEER shall coordinate with OWNER LC on the location for Hearings.
2.8.9.4 ENGINEER shall coordinate the Hearing date with the OWNER LC,
Appraiser, Engineer, appropriate witnesses,three Commissioners, and a
court reporter. Reasonable effort will be made to accommodate the
property owner and their representatives.
2.8.9.5 ENGINEER will coordinate a pre-hearing conference prior to the Hearing
to discuss facts of the case with the OWNER LC, Appraiser, Engineer,
and appropriate witnesses.
2.8.9.6 After the Hearing is set, ENGINEER shall serve Notices of Hearing to the
indicated parties in accordance with the methods and time frames set
out in Chapter 21 of the Texas Property Code but in no instance less
than twenty days prior to the Hearing. If it is necessary to join a federal
agency, be advised that they have an additional sixty days after service
of the Hearing to prepare.The scheduling of the Hearing must allow for
any additional time or any other additional time frame required by law.
2.8.9.7 Once the notices have been served, ENGINEER shall send served notices
to the OWNER LC for e-filing.
2.8.9.8 ENGINEER will send a reminder, via email, in advance to the OWNER LC,
Appraiser, Engineer, three Commissioners, court reporter, and other
parties as requested by OWNER, concerning Hearing dates.
2.8.9.9 If required, ENGINEER will coordinate with Commissioners to obtain
Commissioners'time sheets and submit to OWNER. OWNER LC will file
timesheets with the award. The Judge determines the amount paid to
the Commissioners.
3/12/2021 Walker Partners
Nen + surveyors
2.8.9.10 ENGINEER will obtain a W-9 for all Commissioners and Court Reporters.
2.8.9.11 If necessary, ENGINEER will obtain the signatures of Commissioners on
four duplicate originals of the Award of Commissioners and file one with
the court for the judge's signature within 48 hours of the Hearing.
2.8.9.12 ENGINEER will submit the file-marked award to OWNER in support of
the payment of the Award Amount and each Commissioner's fee.
2.8.9.13 ENGINEER shall deposit Award funds in the registry of the court and file
a Notice of Deposit with the court. As part of this deposit, ENGINEER
will send certified copies of the Notice of Deposit to each defendant
notifying them of the date of the deposit. NOTE:The Date of Deposit is
the Date of Possession.
2.8.9.14 ENGINEER shall take photographs of the interest to be acquired on the
day of deposit for date of take for appraisal purposes. If a date of take
Appraiser has been selected by the OWNER LC, ENGINEER shall notify
the Appraiser of the date the deposit is going to be made so that the
Appraiser may take date of take photographs as well.
2.8.9.15 ENGINEER shall send written notices of the date of deposit to OWNER
and all interested parties.
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.).
3/1212021 01Fen
diKer Partners
gineers + survmyors
ADDENDUM TO EXHIBIT C
WORK SCHEDULE
The work schedule for Task 2.8 is 15 months.
3i12202, 01ealker Partners
ngineers * surveyors
ADDENDUM TO EXHIBIT D
FEE SCHEDULE
Total compensation for services under Supplemental Amendment No. 15 is estimated to be $254,311
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.
Total compensation for Task 2.0 — Land Rights and Stakeholder Coordination shall be adjusted to be
$4,077,866.
Total compensation for the Project shall be adjusted to $7,007,089.
311212021ers * surveyors
y�,z Walker Partners
engine
Attachment i to Exhibit D
Brushy Creek Regional Utility Authority
Phase 1C WTP Expansion and Phase 2 Land Rights and Stakeholder Coordination-Supplemental Amendment No.15
Labor and Fee Summary
Walker Partners Labor Classifications and Hours Subconsultant
Walker Walker Walker Cost
Project Survey 2 Man Survey Partners Partners Partners Total
Manager RPLS Survey Crew Technician Total Hours Expenses Total Cost Cobb Fendley Fee
TASK DESCRIPTION _
Task 2.0-Land Rights and Stakeholder Coordination
2.8.6-2.8.8 Additional Easement Acquistion 4 80 80 _260 4 $240 $55,000 _$143,920 $198,920
Sub Man mens Fee 1 $7,196 $7,196
2.8.9 Condemnation Support Services _ $45,900 _ __$45,900
Sub Management Fee _ $ 1295 $2295
TOTALS 4 80 80 t 260 4 $240 ;64,491 $189,820 $254,311
ORIGINAL EXECUTED DOCUMENT
TO FOLLOW. . .
'WEBRUSHYCREEK
REGIONAL UTILITY AUTHORITY
A F 4 i i n i l l h l p o1 C c d a r P.r k. L e a n d e r. 4.# M 04.4 R•i 4
SUPPLEMENTAL CONTRACT NO. 15
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. 15 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 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 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
0140.4634-40;00467114 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 I 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, BCRUA and Engineer executed Supplemental Contract No. 9 on January 22, 2020
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; and
WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 10 on April 3, 2020 to
modify the provisions for the scope of services and to increase the compensation by $38,608.00
for Phase I C Water Treatment Plant Expansion to a lump sum amount total of$2,773,708.00 for
a total Project compensation of$6,597,263.00; and
WHEREAS, BCRUA and Engineer executed Supplemental Contract No. I I on April 3, 2020 to
modify the provisions for the scope of services and to increase the compensation by $40,815.00
for Phase 1 C Water Treatment Plant Expansion to a lump sum amount total of$2,814,523.00 for
a total Project compensation of$6,638,078.00; and
WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 12 on April 3, 2020 to
modify the provisions for the scope of services and to increase the compensation by $26,400.00
for Phase 1 C Water Treatment Plant Expansion to a lump sum amount total of$2,840,923.00 for
a total Project compensation of$6,664,478.00; and
WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 13 on November 4.
2020 to modify the provisions for the scope of services and to increase the compensation by
$38,600.00 for Phase I C Water Treatment Plant Expansion to a lump sum amount total of
$2,879,523.00 for a total Project compensation of$6,703,078.00; and
2
WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 14 on February 3,
2021 to modify the provisions for the scope of services and to increase the compensation by
$49,700.00 for Phase IC Water Treatment Plant Expansion to a lump sum amount total of
$2,929,223.00 for a total Project compensation of$6,752,778.00; 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 $254,31 1.00 for Phase 2 Land Rights and
Stakeholder Coordination Project to a maximum amount total of$4,077,866.00 for a total Project
compensation of$7,007,089.00;
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
$254,311.00 the maximum amount payable under the Contract for Phase 2 Land Rights and
Stakeholder Coordination Project to a total of$4,077,866.00 for a total Project compensation of
$7,007,089.00, 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]
3
WALKER PARTNERS
By; George E. Walker, Jr.
PresideWGEO
16 March 2021
Date
4
BRUSHY CREEK REGIONAL UTILITY AUTHORITY, INC.
By:
Rene t
lores, President
Date
APPROVE S TO FOR
By:
By:
Stephan L Sheets, BCRUA Attorney
ADDENDUM TO EXHIBIT B
ENGINEERING SERVICES
GENERAL
Phase 2 has involved approximately 240 properties in various ways including research, obtain right
of entry agreements, analysis of re-route options and negotiation of land rights. Previous
professional services agreements assumed right of entry agreements would be needed on 211
parcels and, of those, acquisition of land rights on 197 parcels would be involved. Below are
descriptions of additional services not captured in prior scopes of services.
• Acquisition of 13 new easements, in addition to the 2 easements previously authorized,for
North Rim Drive electrical upgrades. The original alignment appeared to use public rights of
way and existing easements. Upon further analysis, it was determined by PEC that the
existing easements were sufficient for the existing infrastructure but do not allow for the
installation of infrastructure for the additional circuit needed to provide power to the pump
station. (The alignment also had to be modified near FM 1431 to accommodate a request
by the owners of the organic farm to remove all electric infrastructure and easements from
the property.)
• Condemnation litigation support services(schedule hearings, service of notices, obtain
Special Commissioners'oaths, secure conference room for hearings)for 8 hearings (SA-8).
This assumes the continued use of ENGINEER'S meeting room for special commissioners'
hearings at no cost.
• Research land title and acquisition of land rights from Travis County for Leander Sandy Creek
Electric Yard.
• Support construction activities for the valve replacement in Phase 1C, including trespass
claims.
• Research and acquisition of land rights needed for the development of the maintenance
building site including exchange of access easement and electric easement rights on
neighboring property, development of Jackson Street, and Bernard Street/Sherman Street
intersection improvements.
• Coordinate removal of Gross's private water system from maintenance building site
according to the terms of the settlement agreement for the acquisition of the site.
• Re-initiation (start over) of acquisition of 15 easements due to ownership changes (death,
divorce, sales, etc.), design changes on 2 parcels, and 2 additional properties not mapped by
Travis Central Appraisal District but identified in the field by surveyor.
• Research potential locations to move monitoring wells outside of right-of-way.
• Acquisition of monitoring well site.
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• Evaluation of re-routes from Nameless Road to Trails End Road(North Rim Subdivision)
including map production.
• Obtain Right of Entry Agreements for access to 16 additional properties between Nameless
Road at FM 1431 and North Rim at Trails End Road needed for survey and design.
The following assumptions have been made in preparing the Scope of Services:
• Fees associated with title commitments, insurance, recording fees, and title curative will be
paid by OWNER.
• Fees charged by financial institutions to process lien releases of title escrow fees will be paid
by OWNER.
• Fees charged by court reporter or legal services will be paid directly by OWNER.
BASIC SCOPE OF SERVICES
Task 2.0 -Phase 2 Land Rights and Stakeholder Coordination
Insert Task 2.8 as follows:
2.8 Additional Easement Acquisition Services
2.8.6 Project Administration
2.8.6.1 Attend monthly progress meetings with OWNER as needed.
2.8.6.2 Manage and coordinate staff resources, subconsultants, and project
planning.
2.8.6.3 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.
2.8.6.4 Facilitate document control and document sharing for electronic filing
of documents. Maintain project and parcel/easement documents.
2.8.6.5 Update and maintain property owner contact list.
2.8.6.6 All project and parcel/easement documents will be kept in the
ENGINEER'S Austin office, with permanent records transferred to
OWNER, as the Office of Permanent Record.
2.8.6.7 Maintain records of all payments to property owners including amount
and date paid.
2.8.6.8 Maintain copies of all correspondence and contacts with property
owners.
2.8.6.9 Provide support to OWNER for Real Estate inquiries
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2.8.7 Acquisition of Land Rights for the Electric Yard Site
2.8.7.1 Research official public records, historic aerial imagery, and other
documents related to the construction, operation and maintenance of
the Sandy Creek Water System.
2.8.7.2 Prepare package with request for easement from Travis County for the
Electric Yard Site and facilities connecting the electric yard and the
Sandy Creek Water System intake barge.
2.8.7.3 Support Travis County staff to secure the easement.
2.8.8 Land Acquisition and Right of Way for the Monitoring Well and Additional North
Rim Drive Electrical Easements
2.8.8.1 Evaluation of potential re-routes for electric facilities from Nameless
Road at FM 1431 to North Rim Drive at Trails End Road. Coordinate with
M&S to evaluate potential routes for the electric facilities including land
ownership research, site inspections, cost estimates and map
preparation.
2.8.8.2 Surveying. Perform site survey for additional North Rim Drive
easements. Horizontal and vertical datums for project control will
remain on NAD83/NAVD88 Texas State Plane, Central Zone.
2.8.8.3 Provide support to the engineering team for the identification of sites
suitable for monitoring wells.
2.8.8.4 Research official public records to update ownership and provide
vesting deeds to surveyor.
2.8.8.5 Submit request for authorization to make offers.
2.8.8.6 Prepare and send the letter transmitting the Landowner's Bill of Rights
by USPS First Class Mail and Certified Mail-Return Receipt Requested
(CMRRR).
2.8.8.7 Prepare documents required on forms approved by Owner (i.e., the
initial offer letter, memorandum of agreement, instruments of
conveyance).
2.8.8.8 Maintain follow-up contacts and secure the instruments necessary for
the closing upon acceptance of the offer.
2.8.8.9 Respond to property owner inquiries verbally or in writing within two
business days.
2.8.8.10 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.
01alker3/12/2021 Partners reers * 5ofveyors
2.8.8.11 If negotiations are unsuccessful, send a final offer package to property
owners by CMRRR.
2.8.8.12 Prepare and provide to Owner a memo requesting condemnation
proceedings using information from the Title Commitment and other
available sources to join interested parties.
2.8.9 Condemnation Support Services (assumes 8 hearings)
2.8.9.1 The OWNER Legal Counsel ("OWNER LC") files the petition and all
related documents with the Court and in the Real Property Records.
2.8.9.2 Following appointment of Special Commissioners ("Commissioners") by
the judge, ENGINEER shall secure the following documents:
2.8.9.2.1 Oath of Commissioners signed by the Commissioners;
2.8.9.2.2 Order Setting the Hearing; and
2.8.9.2.3 Two copies of the Notice of Hearing signed by the
Commissioners.
2.8.9.3 ENGINEER shall coordinate with OWNER LC on the location for Hearings.
2.8.9.4 ENGINEER shall coordinate the Hearing date with the OWNER LC,
Appraiser, Engineer, appropriate witnesses, three Commissioners, and a
court reporter. Reasonable effort will be made to accommodate the
property owner and their representatives.
2.8.9.5 ENGINEER will coordinate a pre-hearing conference prior to the Hearing
to discuss facts of the case with the OWNER LC, Appraiser, Engineer,
and appropriate witnesses.
2.8.9.6 After the Hearing is set, ENGINEER shall serve Notices of Hearing to the
indicated parties in accordance with the methods and time frames set
out in Chapter 21 of the Texas Property Code but in no instance less
than twenty days prior to the Hearing. if it is necessary to join a federal
agency, be advised that they have an additional sixty days after service
of the Hearing to prepare. The scheduling of the Hearing must allow for
any additional time or any other additional time frame required by law.
2.8.9.7 Once the notices have been served, ENGINEER shall send served notices
to the OWNER LC for e-filing.
2.8.9.8 ENGINEER will send a reminder, via email, in advance to the OWNER LC,
Appraiser, Engineer, three Commissioners, court reporter, and other
parties as requested by OWNER, concerning Hearing dates.
2.8.9.9 If required, ENGINEER will coordinate with Commissioners to obtain
Commissioners' time sheets and submit to OWNER. OWNER LC will file
timesheets with the award. The Judge determines the amount paid to
the Commissioners.
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neers ►Surveyors
2.8.9.10 ENGINEER will obtain a W-9 for all Commissioners and Court Reporters,
2.8.9.11 If necessary, ENGINEER will obtain the signatures of Commissioners on
four duplicate originals of the Award of Commissioners and file one with
the court for the judge's signature within 48 hours of the Hearing.
2.8.9.12 ENGINEER will submit the file-marked award to OWNER in support of
the payment of the Award Amount and each Commissioner's fee.
2.8.9.13 ENGINEER shall deposit Award funds in the registry of the court and file
a Notice of Deposit with the court. As part of this deposit, ENGINEER
will send certified copies of the Notice of Deposit to each defendant
notifying them of the date of the deposit. NOTE:The Date of Deposit is
the Date of Possession.
2.8.9.14 ENGINEER shall take photographs of the interest to be acquired on the
day of deposit for date of take for appraisal purposes. If a date of take
Appraiser has been selected by the OWNER LC, ENGINEER shall notify
the Appraiser of the date the deposit is going to be made so that the
Appraiser may take date of take photographs as well.
2.8.9.15 ENGINEER shall send written notices of the date of deposit to OWNER
and all interested parties.
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.).
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ADDENDUM TO EXHIBIT C
WORK SCHEDULE
The work schedule for Task 2.8 is 15 months.
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(Affalker Partners
engineers + surveyors
ADDENDUM TO EXHIBIT D
FEE SCHEDULE
Total compensation for services under Supplemental Amendment No. 15 is estimated to be $254,311
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.
Total compensation for Task 2.0— Land Rights and Stakeholder Coordination shall be adjusted to be
$4,077,866.
Total compensation for the Project shall be adjusted to $7,007,089.
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Attachment 1 to Exhibit D
Brushy Creek Regional Utility Authority
Phase IC WTP Expansion and Phase 2 Land Rights and Stakeholder Coordination-Supplemental Amendment No.15
Labor and Fee Summary
Walker Partners Labor Classifications and Hours Subconsultant
Walker Walker Walker Cost
Project Survey 2 Man Survey Partners Partners Partners Total
Manager RPLS Survey Crew Technician Total Hours Expenses Total Cost Cobb Fendley Fee
TASK DESCRIPTION
Task 2.0-Land Rights and Stakeholder Coordination
2.8.6.2.8.8 Additional Easement Acquistion 4 90 aD 26C 4 $240 $55,000 $143.920 $198,920
Sub Man ment Fee __ $7196 $7.196
2.8.9 Condemnation Support Services $45900 $45900
Sub Man Ment Fee _ $2 295 $2295
TOTALS 4 80 80 260 4 $240 $64,491 $189,820 $254,311
DATE: April 23, 2021
SUBJECT: BCRUA Board Meeting—April 28,2021
ITEM: 6C. Consider a resolution authorizing the President to execute Supplemental
Contract No. 15 with Walker Partners for Phase 1C Water Treatment Plant
Expansion and Phase 2 Land Rights and Stakeholder Coordination Project.
PRESENTER: Karen Bondy, General Manager
BACKGROUND:
The original contract was approved on April 19, 2017 as follows:
Phase 1C Water Treatment Plant Expansion Design (Lump Sum) $1,763,900
Phase 2 Land Rights&Stakeholder Coordination(Not To Exceed) $2,012,600
TOTAL $3,776,500
Fourteen Supplemental Contracts have since been approved, leaving the new contract balances as:
Phase 1C Water Treatment Plant Expansion Design (Lump Sum) $2,032,023
Phase 1C Construction Phase Services(Not To Exceed) $897,200
Phase 2 Land Rights&Stakeholder Coordination(Not To Exceed) $3,823,555
CURRENT TOTAL $6,752,778
Supplemental Agreement No. 15 includes services for the Phase 2 Land Rights and Stakeholder
Coordination effort. Since the project began, Phase 2 has involved approximately 240 properties in
various ways including research, obtain right of entry agreements, analysis of re-route options and
negotiation of land rights, an increase of 29 over the previous scope of services. This Supplemental
Agreement includes the following services:
■ Acquisition of 13 new easements for North Rim Drive electrical upgrades. Evaluation
of re-routes from Nameless Road to Trails End Road (North Rim Subdivision)
including map production.Obtain Right of Entry Agreements for access to 16
additional properties between Nameless Road at FM 1431 and North Rim at Trails
End Road needed for survey and design.
■ Condemnation litigation support services for eight hearings.
■ Research land title and acquisition of land rights from Travis County.
■ Research and acquisition of land rights needed for the development of the
maintenance building site including new access route required by the Village of
Volente.
■ Re-initiation of acquisition of 15 easements due to ownership changes.
■ Research and acquisition of monitoring well site.
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$254,311.
If approved,the new project budget totals will be:
Phase 1C Water Treatment Plant Expansion Design (Lump Sum) $2,032,023
Phase 1C Construction Phase Services(Not To Exceed) $897,200
Phase 2 Land Rights&Stakeholder Coordination (Not To Exceed) $4,077,866
NEW TOTAL $7,007,089
BCRUA staff and the Operations Committee (O.C.) have reviewed the proposed
Supplemental Agreement No. 15 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 Agreement No. 15 will be funded by 2018 SWIFT funds for Cedar Park and
Leander and by Phase 1A savings for Round Rock.