BCRUA_R-23-01-25-6B RESOLUTION NO. R-23-01-25-61E3
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 1 C Water Treatment Plant Expansion and Phase 2 Land Rights and Stakeholder Coordination
Project, and
WHEREAS, Walker Partners has submitted Supplemental Contract No. 20 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. 20, 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. 20 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 25th day of January, 2023.
0330 4634•A.4867.9738-631)
ft,FPresident
Brushy Creek Regional Uti 't Authority
ATTEST:
NA'COL.E THOMPSO, . Secretary
he7Z BRUSHY CRE
REGIONAL UTILITY AUTHORITY
A Far toot KJ0 of C■A.e kirk. i.*Ra..:. anE A. .d Ap,L
SUPPLEMENTAL CONTRACT NO. 20
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. 20 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
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 IC Construction Phase Services Project and
to increase the compensation by $897,200.00 for a total Project compensation of$5,024,600.00;
and
Supplemental Contract ��ava �o Rev.03/2011
�
0140.4634-40;4873-9893-4859 a a A 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 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 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 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
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 1C 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 1C 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, BCRUA and Engineer executed Supplemental Contract No. 17 on January 26,
2022 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; and
WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 18 on April 26, 2022
to modify the provisions for the scope of services and to increase the compensation by
$27,960.00 for Phase 2 Land Rights and Stakeholder Coordination Project to a maximum
amount total of$4,410,118.00 for a total Project compensation of$7,408,939.00; and
WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 19 on August 24, 2022
to modify the provisions for the scope of services and to increase the compensation by
$36,140.00 for Phase 2 Land Rights and Stakeholder Coordination Project to a maximum
amount total of$4,446,258.00 for a total Project compensation of$7,445,079.00; 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 $199,150.00 for Phase 2 Land Rights and
Stakeholder Coordination Project to a maximum amount total of$4,645,408.00 for a total Project
compensation of$7,644,229.00;
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.
3
II.
Article 4, Compensation and Exhibit D, Fee Schedule shall be amended by increasing by
$199,150.00 the maximum amount payable under the Contract for Phase 2 Land Rights and
Stakeholder Coordination Project to a total of$4,645,408.00 for a total Project compensation of
$7,644,229.00, 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]
4
WALKER PARTNERS
By:
Date
s
BRUSHY CREEK REGIONAL UTILITY AUTHORITY, INC.
By:
Anne Duffy, BCRUA President
Date
APPROVED AS TO FORM:
By:
Stephan L. Sheets, BCRUA Attorney
b
ADDENDUM TO EXHIBIT B
ENGINEERING SERVICES
GENERAL
The purpose of Supplemental Amendment No. 20 is to perform additional studies of the electrical
system improvements at the request of Pedernales Electric Cooperative (PEC)for the Permanent
Power Project from Lost Ridge Circle to FM 1431. The design will establish the basis for final
definition and procurement of requirement easements (temporary and permanent) along this
portion of the alignment. Some portions of the proposed improvements will consist of rebuilding
existing overhead lines and some portions will be newly established lines. The design is preliminary
and will not include a detailed bill of materials, entering of data into the PEC NIS system or final
design drawings.
BASIC SCOPE OF SERVICES
Task 2.0- Phase 2 Land Rights and Stakeholder Coordination
Insert Task 2.11 as follows:
2.11 Additional Preliminary Electrical Design Services and Land Acquisition — Lost Ridge Circle
to FM 1431
2.11.1 Electrical Design Services.
2.11.1.1 Perform site visits to assess construction access and potential road
improvements.
2.11.1.2 Coordinate with property owners to obtain access to the sites.
2.11.1.3 Complete a design that identifies and defines the following:
2.11.1.3.1 Pale type/material (wood/steel/ductile iron) at each location
2.11.1.3.2 Pole height at each location
2.11.1.3.3 Guying requirements and guy locations
2.11.1.3.4 Guy lengths at each prospective guy location
2.11.1.4 Coordinate with PEC to obtain approval of the proposed design.
Perform iterative design updates as required to accommodate
landowner preferences when approved by PEC and BCRUA.
2.11.2 Surveying Services. Perform final survey shots and staking and update existing
easements and prepare new temporary construction and access easements. Verify
and recover existing project control points. Horizontal and vertical datums for
project control will remain on NAD83/NAVD88 Texas State Plane, Central Zone.
Perform survey and prepare exhibits and field notes of parcels to be conveyed. A
total of 9 easements including permanent, temporary construction, and access
easements are assumed.
1/18/2023Walker Partners
eng neers I survey_ _
2.11.2.1 Locate PEC Realignment Stakes. Perform an on-the-ground field survey
to locate various realignment stakes to be placed by PEC/M&S.
2.11.2.2 Permanent and Temporary Construction Easements. Update easement
drawings and legal descriptions (field notes) with current ownership,
realignment configurations and temporary construction easements.
2.11.2.3 Access Easements. Prepare exhibit drawings and legal descriptions
(field notes)for various access easements required by PEC.
2.11.3 Easement Acquisition Services.
2.11.3.1 Rights of Entry. Prepare and mail letter with request for right to enter
property. Communicate and coordinate with property owners to secure
rights of entry. Monitor status and maintain database records for rights
of entry. A total of four rights of entry are anticipated.
2.11.3.2 Research official public records to update ownership and provide
vesting deeds to surveyor.
2.11.3.3 Submit request for authorization to make offers.
2.11.3.4 Prepare and send the letter transmitting the Landowner's Bill of Rights
by USPS First Class Mail and Certified Mail-Return Receipt Requested
(CMRRR).
2.11.3.5 Prepare documents required on forms approved by Owner (i.e., the
initial offer letter, memorandum of agreement, instruments of
conveyance).
2.11.3.6 Maintain follow-up contacts and secure the instruments necessary for
the closing upon acceptance of the offer.
2.11.3.7 Respond to property owner inquiries verbally or in writing within two
business days.
2.11.3.8 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.
2.11.3.9 If negotiations are unsuccessful, send a final offer package to property
owners by CMRRR.
2.11.3.10 Prepare and provide to Owner a memo requesting condemnation
proceedings using information from the Title Commitment and other
available sources to join interested parties.
1/18/2023 Walker Partners
K engineers i surveyor=
ADDENDUM TO EXHIBIT C
WORK SCHEDULE
The work schedule for Task 2.11 is six months.
1/18/2023 A Walker Partners
14 engineers i surveyors
ADDENDUM TO EXHIBIT D
Fee Schedule
Attached Behind This Page
ADDENDUM TO EXHIBIT D
COMPENSATION
Total compensation for services under Supplemental Amendment No. 20 is estimated to be
$199,150.
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
$4,645,408.
Total compensation for the Project shall be adjusted to $7,644,229.
1/18/2023 Walker Partners
eng neers I surveyors
r
DATE: January 20, 2023
SUBJECT: BCRUA Board Meeting—January 25, 2023
ITEM: 6B. Consider a resolution authorizing the President to execute Supplemental
Contract No. 20 with Walker Partners for Phase 1C Water Treatment 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
Nineteen Supplemental Contracts have since been approved, leaving the new contract balances as:
Phase 1C Water Treatment Plant Expansion Design (Lump Sum) $2,111,621
Phase 1C Construction Phase Services(Not To Exceed) $897,200
Phase 2 Land Rights& Stakeholder Coordination(Not To Exceed) $4,446,258
CURRENT TOTAL $7,445,079
Supplemental Agreement No. 20 includes services for the Phase 2 land rights effort for the Permanent
Power Project. This Supplemental Agreement includes additional studies of the electrical system
improvements at the request of Pedernales Electric Cooperative (PEC)for the Permanent Power Project
from Lost Ridge Circle to FM 1431.This is the alternative alignment the Board approved in June 2020 to
avoid a portion of the previous North Rim Drive route.
The design will establish the basis for final definition and procurement of requirement easements
(temporary and permanent) along this portion of the alignment. PEC requested that BCRUA complete
additional design studies of this section of the alignment to make modifications to the permanent
overhead line easements, in addition to developing new temporary construction and access easements.
The scope of services includes this additional work required by PEC, including additional design, survey,
and land acquisition.This is the final segment of the Permanent Power Project easements that needs to
be acquired prior to moving into final design and construction.
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, multiplied by standard hourly rates for each
applicable billing class, plus reimbursable expenses, and engineer's consultant charges. Amounts
payable to the engineer for reimbursable 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$199,150.
If approved,the new project budget totals will be:
Phase 1C Water Treatment Plant Expansion Design(Lump Sum) $2,111,621
Phase 1C Construction Phase Services(Not To Exceed) $897,200
Phase 2 Land Rights & Stakeholder Coordination (Not To Exceed) $4,645,408
NEW TOTAL $7,644,229
FUNDING:
Supplemental Agreement No. 20 will be funded by 2018 SWIFT funds for Cedar Park and Leander and by
local funds for Round Rock.
Staff and the Operations Committee (OC) recommend the contract for approval, and will be available,
along with representatives of Walker Partners, LLC, to answer any questions during the meeting.
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
lofl
Complete Nos.l-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and tate city,state and country of the business entity's place Cartificate Number:
of business. 2022-958109
Walker Partners, LLC
Waco,TX United States Data Filed:
2 Name of governmental entity or state agency OW Is a party to the contract for which the Is 11/22/2022
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 BCRUA Phase 1C Water Treatment Plant Expansion and
Phase 2 Land Rights ro ec(.
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
Walker,Jr.,George E. Waco, TX United States X
5 Check only if there Is NO Interested Party. EJ
6 UNSWORN DECLARATION
My name is George E Walter Jr. and my date of birth is
My address is 823 Washington Avenue,Suite loo Waco TX ,_ 76701 _Us
(std) (City) (fie) (riP code) (country)
I declare under penatty of perjury that the foregoing is true and correct.
Executed in McLcnnan County, State of "texas on the 22nd day of Novcmbcr 20_22
(nth) (year)
Signature of authon9d agent of contracting busty ss entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethlcs.state.tx.us Version V3.5.1.087042
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of 1
Complete Nos. 1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos. 1,2,3,5, and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2022-958109
Walker Partners, LLC
Waco, TX United States Date Filed:
2 Name of governmental entity or state agency that is a party tot the contract for which the form is 11/2212022
being filed.
Brushy Creek Regional Utility Authority Date Acknowledged:
11/3012022
3 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 BCRUA Phase 1C Water Treatment Plant Expansion and
Phase 2 Land Rights project.
Nature of interest
4
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) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of ,20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.eb87et42
THE FOLLOWING PAGES CONSIST OF THE
FINAL ADOPTED DOCUMENT
lob
BRUSHY
CREff\
REGIONAL UTILITY AUTHORITY
A Pa r....,h4 of C#A., P—k. L..n d.1. 10,d A...0 A.ct
SUPPLEMENTAL CONTRACT NO. 20
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. 20 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
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 IC Construction Phase Services Project and
to increase the compensation by $897,200.00 for a total Project compensation of$5,024,600.00;
and
Supplemental Contract Rev.03/2011
0140.4634-40;4873-9893-4859 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, 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. l l 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 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
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, BCRUA and Engineer executed Supplemental Contract No. 17 on January 26,
2022 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; and
WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 18 on April 26, 2022
to modify the provisions for the scope of services and to increase the compensation by
$27,960.00 for Phase 2 Land Rights and Stakeholder Coordination Project to a maximum
amount total of$4,410,118.00 for a total Project compensation of$7,408,939.00; and
WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 19 on August 24, 2022
to modify the provisions for the scope of services and to increase the compensation by
$36,140.00 for Phase 2 Land Rights and Stakeholder Coordination Project to a maximum
amount total of$4,446,258.00 for a total Project compensation of$7,445,079.00; 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 $199,150.00 for Phase 2 Land Rights and
Stakeholder Coordination Project to a maximum amount total of$4,645,408.00 for a total Project
compensation of$7,644,229.00;
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.
3
11.
Article 4, Compensation and Exhibit D, Fee Schedule shall be amended by increasing by
$199,150.00 the maximum amount payable under the Contract for Phase 2 Land Rights and
Stakeholder Coordination Project to a total of$4,645,408.00 for a total Project compensation of
$7,644,229.00, 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]
4
WALKER PARTNE S
sy: Ac _wv1—
z f
Aa on A ch r, Vice President
01/20/23
Date
5
BRUSHY CR K R "I L UTILITY AUTHORITY, INC.
By:
Anne Duffy, BCRUA Pre 'd nt
Date
APPROVEA Ak TO FORM:
By: L --
Stephan L. Sheets, BCRUA Attorney
ADDENDUM TO EXHIBIT B
ENGINEERING SERVICES
GENERAL
The purpose of Supplemental Amendment No. 20 is to perform additional studies of the electrical
system improvements at the request of Pedernales Electric Cooperative (PEC)for the Permanent
Power Project from Lost Ridge Circle to FM 1431. The design will establish the basis for final
definition and procurement of requirement easements(temporary and permanent)along this
portion of the alignment. Some portions of the proposed improvements will consist of rebuilding
existing overhead lines and some portions will be newly established lines. The design is preliminary
and will not include a detailed bill of materials, entering of data into the PEC NIS system or final
design drawings.
BASIC SCOPE OF SERVICES
Task 2.0-Phase 2 Land Rights and Stakeholder Coordination
Insert Task 2.11 as follows:
2.11 Additional Preliminary Electrical Design Services and Land Acquisition—Lost Ridge Circle
to FM 1431
2.11.1 Electrical Design Services.
2.11.1.1 Perform site visits to assess construction access and potential road
improvements.
2.11.1.2 Coordinate with property owners to obtain access to the sites.
2.11.1.3 Complete a design that identifies and defines the following:
2.11.1.3.1 Pole type/material (wood/steel/ductile iron) at each location
2.11.1.3.2 Pole height at each location
2.11.1.3.3 Guying requirements and guy locations
2.11.1.3.4 Guy lengths at each prospective guy location
2.11.1.4 Coordinate with PEC to obtain approval of the proposed design.
Perform iterative design updates as required to accommodate
landowner preferences when approved by PEC and BCRUA.
2.11.2 Surveying Services. Perform final survey shots and staking and update existing
easements and prepare new temporary construction and access easements. Verify
and recover existing project control points. Horizontal and vertical datums for
project control will remain on NAD83/NAVD88 Texas State Plane, Central Zone.
Perform survey and prepare exhibits and field notes of parcels to be conveyed. A
total of 9 easements including permanent, temporary construction, and access
easements are assumed.
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eng neers i surveyors
2.11.2.1 Locate PEC Realignment Stakes. Perform an on-the-ground field survey
to locate various realignment stakes to be placed by PEC/M&S.
2.11.2.2 Permanent and Temporary Construction Easements. Update easement
drawings and legal descriptions (field notes) with current ownership,
realignment configurations and temporary construction easements.
2.11.2.3 Access Easements. Prepare exhibit drawings and legal descriptions
(field notes) for various access easements required by PEC.
2.11.3 Easement Acquisition Services.
2.11.3.1 Rights of Entry. Prepare and mail letter with request for right to enter
property. Communicate and coordinate with property owners to secure
rights of entry. Monitor status and maintain database records for rights
of entry. A total of four rights of entry are anticipated.
2.11.3.2 Research official public records to update ownership and provide
vesting deeds to surveyor.
2.11.3.3 Submit request for authorization to make offers.
2.11.3.4 Prepare and send the letter transmitting the Landowner's Bill of Rights
by USPS First Class Mail and Certified Mail-Return Receipt Requested
(CMRRR).
2.11.3.5 Prepare documents required on forms approved by Owner (i.e., the
initial offer letter, memorandum of agreement, instruments of
conveyance).
2.11.3.6 Maintain follow-up contacts and secure the instruments necessary for
the closing upon acceptance of the offer.
2.11.3.7 Respond to property owner inquiries verbally or in writing within two
business days.
2.11.3.8 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.
2.11.3.9 If negotiations are unsuccessful, send a final offer package to property
owners by CMRRR.
2.11.3.10 Prepare and provide to Owner a memo requesting condemnation
proceedings using information from the Title Commitment and other
available sources to join interested parties.
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14 eng neers i surveyors
ADDENDUM TO EXHIBIT C
WORK SCHEDULE
The work schedule for Task 2.11 is six months.
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eng,neersisurveyors
ADDENDUM TO EXHIBIT D
Fee Schedule
Attached Behind This Page
ADDENDUM TO EXHIBIT D
COMPENSATION
Total compensation for services under Supplemental Amendment No. 20 is estimated to be
$199,150.
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
$4,645,408.
Total compensation for the Project shall be adjusted to $7,644,229.
1/1812023 AWalker Partners
engineers i surveyors