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BCRUA_R-23-11-15-6C RESOLUTION NO. It-23-I1-15-6C 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 IC Water Treatment Plant Expansion and Phase 2 Land Rights and Stakeholder Coordination Project,and WHEREAS, Walker Partners has submitted Supplemental Contract No. 21 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. 21, 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. 21 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, hoer, 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 15th day ol'No�.ember. 2023. 0330 4634-A.4991-1911497% MATTHEW BAKER, President Brushy Creek Regional Utility Authority TTES ANNE TIFF Sec ary 2 ' labWHY REGIONAL UTILITY AUTHORITY A •arrnoraal, of Cedar Fort, Leander, and Round Ror4 SUPPLEMENTAL CONTRACT NO.21 TO CONTRACT FOR ENGINEERING SERVICES FIRM: _WALKER PARTNERS ("Engineer") ADDRESS: 6504 Bridge Point Parkway,Suite 200,Austin,TX 78730 PROJECT: Phase IC Water Treatment Plant Expansion and Phase 2 Land Rights and Stakeholder Coordination This Supplemental Contract No.21 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 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 Rev.03/2011 0140.4634-40;4983-9154-5230 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 IC 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 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 d 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 1 C 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 1 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,BCRUA and Engineer executed Supplemental Contract No.20 on January 25, 2023 to modify the provisions for the scope of set-vices 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;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 $492,092.50 for Phase 2 Land Rights and Stakeholder Coordination Project to a maximum amount total of$5,137,500.50 for a total Project compensation of$8,136,321.50; NOW THEREFORE,premises considered,BCRUA and the Engineer agree that said Contract is amended as follows: 3 1. Article 2,En ing_eering 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. I1. Article 4, Compensation and Exhibit D, Fee Schedule shall be amended by increasing by $492,092.50 the maximum amount payable under the Contract for Phase 2 Land Rights and Stakeholder Coordination Project to a total of$5,137,500.50 for a total Project compensation of $8,136,321.50,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] l i 4 WALKER PARTNF S By. Aa on Arch r, Vice President 11.08.23 Date S BRUSHY CREEK REGIONAL UTILITY AUTHORITY, INC. By: W40e Matthew Ba er,BCRUA President Date APPROV S TO FORM: By Stepha L.Sheets,BCRUA Attorney ADDENDUM TO EXHIBIT B ENGINEERING SERVICES GENERAL The purpose of Supplemental Amendment No. 2.1 is to complete final design of the Permanent Power Project to upgrade and improve the electric distribution system owned by Pedernales Electric Cooperative(PEC) to provide power supply to the Phase 2 Raw Water Delivery System. This effort includes final design of the segment of overhead distribution lines from Nameless Substation following Nameless Road to FM.1431, cross country along the "Southern Route"to North Rim Drive, and along North Rim Drive to the intersection with Trails End Road for a distance of approximately four miles. These services will be provided by M&S Engineering as a subconsultant to Walker Partners based on the requirements of PEC. Final design does not include improvements to Nameless Substation which will be performed as a separate project. BASIC SCOPE OF SERVICES Task 2.0-Phase 2 Land Rights and Stakeholder Coordination Insert Task 2.12 as follows: 2.12 Permanent Power Project Final Design 2.12.1 Field Work 2.12.1.1 Perform site field survey data collection for design purposes. 2.12.1.2 Coordinate limited ROW clearing for field staking. , 2.12.1.3 Field stake proposed facility locations for construction. 2.12.2 Design and Drafting 2.12.2.1 Prepare detailed drawings and staking sheets. 2.12.2.2 Prepare plan and profile drawings. 2.12.3 Project Coordination and Support 2.12.3.1 Regular project progress coordination via email. i 2.12.3.2 Prepare detailed construction estimates within PEC's estimation system. 2.12.3.3 Coordinate geotechnical services (performed by others) for multiple self-supporting poles. 2.12.4 Permitting 2.12.4.1 Obtain TxDOT,Travis County, and Leander road ROW permits. 2.12.4.2 Submit LCRA Development Activity permit application. 2.12.4.3 Perform environmental study and BCCP permitting. 11/8/2023 Oft—M Ike r Partners engineers I surveyors Assumptions • Drawings will be provided in AutoCAD and PDF. • One-time staking is assumed. • Geotechnical studies will be performed by others not included in this contract. • Construction phase services will be provided under separate contract. I i 11/8/2023 QWaIker Partners eng.neero I surveyors ADDENDUM TO EXHIBIT"C WORK SCHEDULE The work schedule for Task 2.12 is nine months. 1 f i 11/8/2023 �Walker Partners engineers I surveyors ADDENDUM TO EXHIBIT D FEE SCHEDULE Total compensation for services under Supplemental Amendment No. 21 is estimated to be $492,092.50. 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 $5,137,500.50. Total compensation for the Project shall be adjusted to$8,136,321.50. Labor and Fee Summary Subconsultant Coat Total M&S Fee TASK DESCRIPTION Task 2.0-Land Rights and Stakeholder Coordination 2.12 Permanent Power Project Final Design Field Work 5200,000.00 $200,000.00 Design and Drafting $180,000.00 $100,000.00 Project Coordlnallon and Support $20,000.00 $20,000.00 Permilling $92,092.50 $92.09250 TOTALS1 $492,092.50 $482,092.50 11/8/2023 A Walker Partners 14 engineers i surveyors