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BCRUA_R-22-01-26-6A RESOLUTION NO. R-22-01-26-6A 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 IC Water Treatment Plant Expansion and Phase 2 Land Rights and Stakeholder Coordination Project, and WHEREAS, Walker Partners has submitted Supplemental Contract No. 17 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. 17, 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. 17 with Walker Partners for the BCRUA Phase I 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 26th day of January, 2022. 6330,4634-A 4857.85591954 _ Lm�- NA'tOLE THOMPSO , President Brushy Creek Regional Utility Authority ATTEST: RENS F ORES, Secreta 2 Ce7ABRUSHYCREEK REGIONAL UTILITY AUTHORITY A r,re n,r.hip el C,dA, Pa.♦ [r.,r.•. .,a Ra-.d A..a SUPPLEMENTAL CONTRACT NO. 17 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. 17 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. 1 on July 19, 2017 to amend the scope of services and to increase the compensation by $14,100.00 for Phase 1C 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 l 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;4885-0047-2073 215829 EXHIBIT "AD' 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 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. 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 I 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, BCRUA and Engineer executed Supplemental Contract No. 15 on April 28, 2021, 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; and WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 16 on September 22, 2021 to modify the provisions for the scope of services and to increase the compensation by $69,598.00 for Phase I C Water Treatment Plant Expansion to a lump sum amount total of $2,998,821.00 for a total Project compensation of$7,076,687.00; 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 $304,292.00 for Phase 2 Land Rights and Stakeholder Coordination Project to a maximum amount total of$4,382,158.00 for a total Project compensation of$7,380,979.00; NOW THEREFORE, premises considered, BCRUA and the Engineer agree that said Contract is amended as follows: 1. 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. 11. Article 4,_ Compensation and Exhibit D, Fee Schedule shall be amended by increasing by $304,292.00 the maximum amount payable under the Contract for Phase 2 Land Rights and Stakeholder Coordination Project to a total of$4,382,158.00 for a total Project compensation of $7,380,979.00, 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 followl 3 WALKF PAR E S By: A ron Archer Vice President 1118122 Date 4 BRUSHY CREEK REGIONAL UTILITY AUTHORITY, INC. By: Na'cole Thompson, President Date APPROVED AS TO FORM: 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, obtaining right of entry agreements, analysis of re-route options and the negotiation of land rights. Below are descriptions of additional services not included in prior scopes of services or details as to why established budgets for scopes of services were exceeded. • Condemnation litigation support services assumed a total of 8 hearings. To date 12 hearings have been conducted and another 11 hearings are anticipated. The increase in effort associated with condemnation support is primarily due to the majority of parcels on the Nameless Road section of the Project(electrical improvements under the PEC Permanent Power Project)entering condemnation after multiple meetings and negotiations with property owners and their legal counsel came to a standstill. Continued supportfor condemnation requires an updated appraisal, support services to schedule and conduct hearings, serving of notices, and supporting expert witness testimony. • Earlier amendments did not include on adequate number of appraisals, nor did they include updated appraisal fees or expert witness(appraiser) testimony fees. A greater number of appraisals were necessary due to more parcels going to condemnation than originally anticipated. These incurred costs have been applied to the Land Acquisition Phase.As such, much of the fee authorized for acquisition has been utilized on appraisals and testimony fees. This Amendment is anticipated to cover the remaining appraisal, expert witness testimony, and land acquisition costs. • Several of the parcels submitted far condemnation required significant time to file a petition. During that time, two of the parcels sold, and the acquisition process had to restart thereby requiring additional coordination and negotiation support effort that was beyond what was originally contemplated. • The coordination effort with PEC has been more extensive than originally contemplated due to the need to prepare additional documents for PEC, including comprehensive project map packages. • PEC and their tree clearing contractors trespassed on Parcel 228, requiring a significant amount of time and effort to address with the property owner. This including negotiation support, additional survey to extend easement rights to include a new access easement, renegotiation with the property owner including a new appraisal, and clearing of conflicting title encumbrances as part of the title curative process. • Several parcels had additional Easements or property interests added either during or directly following the acquisition which necessitated additional effort to either incorporate the additional elements into the ongoing negotiation or to initiate additional negotiations directly following the completion of the original acquisition. 1/10/2022 QPmners • PEC requested additional research on parcels 139 and 140. It was previously determined by PEC in 2019 that it was not necessary to acquire new easements on these parcels with unrecorded easement, but PEC then hesitated to follow through with this decision. There has been additional coordination required in order to analyze these parcels and to determine the best course of action for recording the previously unrecorded easements. 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 2.9 as follows: 2.9 Additional Easement Acquisition Services 2.9.6 Project Administration 2.9.6.1 Attend monthly progress meetings with OWNER as needed. 2.9.6.2 Manage and coordinate staff resources, subconsultants, and project planning. 2.9.6.3 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. 2.9.6.4 Facilitate document control and document sharing for electronic filing of documents. Maintain project and parcel/easement documents. 2.9.6.5 Update and maintain property owner contact list. 2.9.6.6 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. 2.9.6.7 Maintain records of all payments to property owners including amount and date paid. 2.9.6.8 Maintain copies of all correspondence and contacts with property owners. 2.9.6.9 Provide support to OWNER for Real Estate inquiries 2.9.7 Land Acquisition and Right of Way 1/10/2022 PAer Partners engineers } surveyors 2.9.7.1 Surveying. Perform site survey for two additional electrical easements. Horizontal and vertical datums for project control will remain on NAD83/NAVD88 Texas State Plane, Central Zone. 2.9.7.2 Research official public records to update ownership and provide vesting deeds to surveyor. 2.9.7.3 Submit request for authorization to make offers. 2.9.7.4 Prepare and send the letter transmitting the Landowner's Bill of Rights by USPS First Class Mail and Certified Mail-Return Receipt Requested (CMRRR). 2.9.7.5 Prepare documents required on forms approved by Owner (i.e., the initial offer letter, memorandum of agreement, instruments of conveyance). 2.9.7.6 Maintain follow-up contacts and secure the instruments necessary for the closing upon acceptance of the offer. 2.9.7.7 Respond to property owner inquiries verbally or in writing within two business days. 2.9.7.8 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. 2.9.7.9 If negotiations are unsuccessful, send a final offer package to property owners by CMRRR. 2.9.7.10 Prepare and provide to Owner a memo requesting condemnation proceedings using information from the Title Commitment and other available sources to join interested parties. 2.9.8 Condemnation Support Services(assumes 11 additional hearings) 2.9.8.1 The OWNER Legal Counsel ("OWNER LC")files the petition and all related documents with the Court and in the Real Property Records. 2.9.8.2 Following appointment of Special Commissioners("Commissioners") by the judge, ENGINEER shall secure the following documents: 2.9.8.2.1 Oath of Commissioners signed by the Commissioners; 2.9.8.2.2 Order Setting the Hearing; and 2.9.8.2.3 Two copies of the Notice of Hearing signed by the Commissioners. 2.9.8.3 ENGINEER shall coordinate with OWNER LC on the location for Hearings. 2.9.8.4 ENGINEER shall coordinate the Hearing date with the OWNER LC, Appraiser, Engineer, appropriate witnesses, three Commissioners, and a alker Partners /1 a/2022 QW engineers f surveyors court reporter. Reasonable effort will be made to accommodate the property owner and their representatives. 2.9.8.5 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. 2.9.8.6 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. 2.9.8.7 Once the notices have been served, ENGINEER shall send served notices to the OWNER LC for e-filing. 2.9.8.8 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. 2.9.8.9 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. 2.9.8.10 ENGINEER will obtain a W-9 for all Commissioners and Court Reporters. 2.9.8.11 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. 2.9.8.12 ENGINEER will submit the file-marked award to OWNER in support of the payment of the Award Amount and each Commissioner's fee. 2.9.8.13 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. 2.9.8.14 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. 2.9.8.15 ENGINEER shall send written notices of the date of deposit to OWNER and all interested parties. 1/10/2022 Walker Partners engineers * surveyors 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.). 1/10/2022 (DWAer ners engineers + surveyors ADDENDUM TO EXHIBIT C WORK SCHEDULE The work schedule for Task 2.9 is 9 months. 1/10/2022 Walker Partners engineers * surveyors ADDENDUM TO EXHIBIT D Fee Schedule Attached Behind This Page ADDENDUM TO EXHIBIT D COMPENSATION Total compensation for services under Supplemental Amendment No. 17 is estimated to be $304,292 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 $4,382,158. Total compensation for the Project shall be adjusted to$7,380,979. 1/10/2022 Walker Partners engineers * surveyors Attachment 1 to Exhibit D Brushy Creek Regional Utility Authority Phase I WTP Expansion and Phase 2 Land Rights and Stakeholder Coordination-Supplemental Amendment No.17 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 2.9.6-2.9.7 Administration and Land Acquistion 10 4 20 8 42 $100 $7,500 $156,750 $164,250 Sub Management Fee $7 838 $7,838 2.9.8 Condemnation Support Services 8 8 $3,120 $122,938 $128,058 Sub Management Fee 58 147 $6,147 TOTALS 18 4 20 8 50 $100 524,604 $279,688 $304,292 DATE: January 21, 2022 SUBJECT: BCRUA Board Meeting—January 26, 2022 ITEM: 6A. Consider a resolution authorizing the President to execute Supplemental Agreement No. 17 with Walker Partners for Phase 2 Land Rights and Stakeholder Coordination Project. PRESENTER: Karen Bondy, General Manager BACKG ROU N D/J USTI FICATI ON: 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 Sixteen 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) $4,077,866 CURRENT TOTAL $7,007,089 Supplemental Agreement No. 17 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, obtaining right of entry agreements,analysis of re-route options, and negotiation of land rights.This Supplemental Agreement includes the following services: • Condemnation litigation support services assumed a total of 8 hearings. To date 12 hearings have been conducted and another 11 hearings are anticipated. The increase in effort associated with condemnation support is primarily due to the majority of parcels on the Nameless Road section of the Project(electrical improvements under the PEC Permanent Power Project) entering condemnation after multiple meetings and negotiations with property owners and their legal counsel came to a standstill. Continued support for condemnation requires an updated appraisal,support services to schedule and conduct hearings,serving of notices,and supporting expert witness testimony. • Earlier amendments did not include an adequate number of appraisals, nor did they include updated appraisal fees or expert witness(appraiser) testimony fees.A greater number of appraisals were necessary due to more parcels going to condemnation than originally anticipated. • Several of the parcels submitted for condemnation required significant time to file a petition. During that time,two of the parcels sold, and the acquisition process had to restart thereby requiring additional coordination and negotiation support effort that was beyond what was originally contemplated. • The coordination effort with PEC has been more extensive than originally contemplated due to the need to prepare additional documents for PEC and additional negotiation support. • Several parcels had additional easements or property interests added either during or directly following the acquisition which necessitated additional effort to either incorporate the additional elements into the ongoing negotiation or to initiate additional negotiations directly following the completion of the original acquisition. 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$304,292. If approved,the new project budget totals will be: Phase 1C Water Treatment Plant Expansion Design (Lump Sum) $2,101,621 Phase 1C Construction Phase Services(Not To Exceed) $897,200 Phase 2 Land Rights&Stakeholder Coordination (Not To Exceed) $4,382,158 NEW TOTAL $7,380,979 BCRUA staff and the Operations Committee (O.C.) have reviewed the proposed Supplemental Agreement No. 17 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. 17 will be funded by 2018 SWIFT funds for Cedar Park and Leander and by Phase 1A savings for Round Rock. CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft Complete Nos.1-4 and 6 it there are interested parties. OFFICE USE ONLY Complete Nos.1.2.3,5,and S 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. 2022-842418 Walker Partners,LLC Waco,TX United States Date Filed: Name of governmental entity or state agency that is a party tot the contract for which the form is 01/21/2022 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 engineering and surveying services in connection with the Supplemental Agreement No. 17 for Phase 2 Land Rights and Stakeholder Coordinatlon Project. 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) 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 E.Walker, Jr_ and my date of birth is My address is 823 Wafiinsttan Avenue. Suite 100 Waco . TX , 76701 US {street} (Ciry) (slate) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in McLennan County, State of Texas on the 21 st day of January, .20 22 (month) (year) Signature of a prized agent of contracting bu Hess entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.stateAx.us Version V1.1.191bScdc CERTIFICATE OF INTERESTED PARTIES FORM 1295 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 Nance of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2022-942418 Walker Partners, LLC Waco,TX United States Date Filed: Name of governmental entity or state agency that Is a party tot the contract for which the form Is 01/21/2022 being filed. Brushy Creek Regional Utility Authority Date Acknowledged: 01121!2022 g Provide the Identification number used by the governmental entity or state agency to track or identity the contract,and provide a description of the services,goods,or other property to be provided under the contract. 3-00619 Professional engineering and surveying services in connection with the Supplemental Agreement No. 17 for Phase 2 Land Rights and Stakeholder Coordination Pra'ect. 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) 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 and my date of birth Is My address is (street) (city) (slate) (zips) (country) I declare under penalty of perjury that the forego ng is true and correct Executed in County. State of on the day of ,20 (month) (year) Signature of authorized agent of contracting business entity (peclaianq Forms provided by Texas Ethics Commission www.ethics.state.tx,us Version V1.1.191b5cdc THE FOLLOWING PAGES CONSIST OF THE FINAL ADOPTED DOCUMENT I lb w,RBRUSHYCREEK REGIONAL UTILITY AUTHORITY A P41tn,rShlp of Coda, Prr7,_ rrondr, and Ra..d A61k SUPPLEMENTAL. CONTRACT NO. 17 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. 17 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.032011 0140.4634-40;4885-0047- 07 215829 �C4VP _4-?z—b 1 C,e 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 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 I 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 I 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 IC 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 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, BCRUA and Engineer executed Supplemental Contract No. 15 on April 28, 2021, 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; and WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 16 on September 22, 2021 to modify the provisions for the scope of services and to increase the compensation by $69,598.00 for Phase IC Water Treatment Plant Expansion to a lump sum amount total of $2,998,821.00 for a total Project compensation of$7,076,687.00; 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 $304,292.00 for Phase 2 Land Rights and Stakeholder Coordination Project to a maximum amount total of$4,382,158.00 for a total Project compensation of$7,380,979.00; NOW THEREFORE, premises considered, BCRUA and the Engineer agree that said Contract is amended as follows: 1. Article 2, Engineering Services and Exhibit B Enaineering 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. 11. Article 4, Compensation and Exhibit D, Fee Schedule shall be amended by increasing by $304,292.00 the maximum amount payable under the Contract for Phase 2 Land Rights and Stakeholder Coordination Project to a total of$4,382,158.00 for a total Project compensation of $7,380,979.00, 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] 3 WALK' PAR' E S By; Aron Archer Vice_P_resident 1118122 _ Date BRUSHY CREEK REGIONAL UTILITY AUTHORITY, INC. By: 1 Na'cole Thompson,President 11 p,z?i Date APPROVE S TO FORK By: ) an . StephSheets, BCRUA Attorney ADDENDUM TO EXHIBIT B ENGINEERING SERVICES GENERAL Phase 2 has involved approximately 140 properties in various ways including research, obtaining right of entry agreements, analysis of re-route options and the negotiation of land rights. Below are descriptions of additional services not included in prior scopes of services or details as to why established budgets for scopes of services were exceeded. • Condemnation litigation support services assumed a total of 8 hearings. To date 12 hearings have been conducted and another 11 hearings are anticipated. The increase in effort associated with condemnation support is primarily due to the majority of parcels on the Nameless Road section of the Project(electrical improvements under the PEC Permanent Power Project) entering condemnation after multiple meetings and negotiations with property owners and their legal counsel came to a standstill. Continued support for condemnation requires an updated appraisal, support services to schedule and conduct hearings, serving of notices, and supporting expert witness testimony. • Earlier amendments did not include an adequate number of appraisals, nor did they include updated appraisal fees or expert witness (appraiser) testimony fees. A greater number of appraisals were necessary due to more parcels going to condemnation than originally anticipated. These incurred costs have been applied to the Land Acquisition Phase. As such, much of the fee authorized for acquisition has been utilized on appraisals and testimony fees. This Amendment is anticipated to cover the remaining appraisal, expert witness testimony, and land acquisition costs. • Several of the parcels submitted for condemnation required significant time to file a petition. During that time, two of the parcels sold, and the acquisition process had to restart thereby requiring additional coordination and negotiation support effort that was beyond what was originally contemplated. • The coordination effort with PEC has been more extensive than originally contemplated due to the need to prepare additional documents for PEC, including comprehensive project map packages. • PEC and their tree clearing contractors trespassed on Parcel 228, requiring a significant amount of time and effort to address with the property owner. This including negotiation support, additional survey to extend easement rights to include a new access easement, renegotiation with the property owner including a new appraisal, and clearing of conflicting title encumbrances as part of the title curative process. • Several parcels had additional Easements or property interests added either during or directly following the acquisition which necessitated additional effort to either incorporate the additional elements into the ongoing negotiation or to initiate additional negotiations directly following the completion of the original acquisition. 1/10/2022Walker Partners engineers * surveyors • PEC requested additional research on parcels 139 and 140. It was previously determined by PEC in 2019 that it was not necessary to acquire new easements on these parcels with unrecorded easement, but PEC then hesitated to follow through with this decision. There has been additional coordination required in order to analyze these parcels and to determine the best course of action for recording the previously unrecorded easements. 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 2.9 as follows: 2.9 Additional Easement Acquisition Services 2.9.6 Project Administration 2.9.6.1 Attend monthly progress meetings with OWNER as needed. 2.9.6.2 Manage and coordinate staff resources, subconsultants, and project planning. 2.9.6.3 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. 2.9.6.4 Facilitate document control and document sharing for electronic filing of documents. Maintain project and parcel/easement documents. 2.9.6.5 Update and maintain property owner contact list. 2.9.6.6 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. 2.9.6.7 Maintain records of all payments to property owners including amount and date paid. 2.9.6.8 Maintain copies of all correspondence and contacts with property owners. 2.9.6.9 Provide support to OWNER for Real Estate inquiries 2.9.7 Land Acquisition and Right of Way 1/10/2022 ers * surveyors ©Walker Partners engine 2.9.7.1 Surveying. Perform site survey for two additional electrical easements. Horizontal and vertical datums for project control will remain on NAD83/NAVD88 Texas State Plane, Central Zone. 2.9.7.2 Research official public records to update ownership and provide vesting deeds to surveyor. 2.9.7.3 Submit request for authorization to make offers. 2.9.7.4 Prepare and send the letter transmitting the Landowner's Bill of Rights by USPS First Class Mail and Certified Mail-Return Receipt Requested (CMRRR). 2.9.7.5 Prepare documents required on forms approved by Owner (i.e., the initial offer letter, memorandum of agreement, instruments of conveyance). 2.9.7.6 Maintain follow-up contacts and secure the instruments necessary for the closing upon acceptance of the offer. 2.9.7.7 Respond to property owner inquiries verbally or in writing within two business days. 2.9.7.8 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. 2.9.7.9 If negotiations are unsuccessful, send a final offer package to property owners by CMRRR. 2.9.7.10 Prepare and provide to Owner a memo requesting condemnation proceedings using information from the Title Commitment and other available sources to join interested parties. 2.9.8 Condemnation Support Services(assumes 11 additional hearings) 2.9.8.1 The OWNER Legal Counsel ("OWNER LC")files the petition and all related documents with the Court and in the Real Property Records. 2.9.8.2 Following appointment of Special Commissioners("Commissioners") by the judge, ENGINEER shall secure the following documents: 2.9.8.2.1 Oath of Commissioners signed by the Commissioners; 2.9.8.2.2 Order Setting the Hearing; and 2.9.8.2.3 Two copies of the Notice of Hearing signed by the Commissioners. 2.9.8.3 ENGINEER shall coordinate with OWNER LC on the location for Hearings. 2.9.8.4 ENGINEER shall coordinate the Hearing date with the OWNER LC, Appraiser, Engineer, appropriate witnesses,three Commissioners, and a 1/10/2022 9Walker Partners engineers « surveyors court reporter. Reasonable effort will be made to accommodate the property owner and their representatives. 2.9.8.5 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. 2.9.8.6 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. 2.9.8.7 Once the notices have been served, ENGINEER shall send served notices to the OWNER LC for e-filing. 2.9.8.8 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. 2.9.8.9 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. 2.9.8.10 ENGINEER will obtain a W-9 for all Commissioners and Court Reporters. 2.9.8.11 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. 2.9.8.12 ENGINEER will submit the file-marked award to OWNER in support of the payment of the Award Amount and each Commissioner's fee. 2.9.8.13 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. 2.9.8.14 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. 2.9.8.15 ENGINEER shall send written notices of the date of deposit to OWNER and all interested parties. 1/10,2022 (9)ienlker Partners ineers • surveyors 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.). �i�a2a22 Walker Partners engineers * surveyors ADDENDUM TO EXHIBIT C WORK SCHEDULE The work schedule for Task 2.9 is 9 months. 1 110/2022 @WAer nexs engineers * surveyors ADDENDUM TO EXHIBIT D Fee Schedule Attached Behind This Page ADDENDUM TO EXHIBIT D COMPENSATION Total compensation for services under Supplemental Amendment No. 17 is estimated to be $304,292 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 $4,382,158. Total compensation for the Project shall be adjusted to$7,380,979. 1/1012022 y Walker Partners engineers * surveyors 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.17 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 2.9.6-2.9.7 Administration and Land Acquistion 10 4 20 8 42 $100 $7,500 $156,750 $164,250 Sub Management Fee $7,838 $7838 2.9.8 Condemnation Support Services 8 1 8 $3,120 $122,938 $126,058 Sub Management Fee 1 $6 147 $6,147 TOTALS 181 4 20 8 60 $100 $24,604 $279,688 $304,292