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BCRUA-2026-009 - 3/25/2026 RESOLUTION NO. BCRUA-2026-009 WHEREAS, the Brushy Creek Regional Utility Authority, Inc. ("BCRUA") has previously entered into a Contract for Engineering Services ("Contract") with Walker Partners/Freese and Nichols Joint Venture for the BCRUA Phase 2 Raw Water Delivery System Project, and WHEREAS, Walker Partners/Freese and Nichols Joint Venture has submitted Supplemental Contract No. 18 to the Contract to modify the provisions for engineering services and to increase the compensation, and WHEREAS, the BCRUA desires to enter into said Supplemental Contract No. 18, 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. 18 with Walker Partners/Freese and Nichols Joint Venture, a copy of same being attached hereto as Exhibit"A"and incorporated herein for all purposes. The Board of Directors 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 March,20 6. ANNE DIWY, resi n Brushy Creek Regionalt' 'ty Authority ATTEST: C ✓ V 6 C�_ NA'COLE THOMPS N, Secretary 0330.20241 EXHIBIT A ' BRUSHY CREEK REGIONAL UTILITY AUTHORITY A Pa...e.ship of Cedar Park, L-d, and Round Rock SUPPLEMENTAL CONTRACT NO. 18 TO CONTRACT FOR ENGINEERING SERVICES FIRM:WALKER PARTNERS/FREESE AND NICHOLS JOINT VENTURE ("Engineer") ADDRESS: 6504 Bridge Point Parkway, Suite 200,Austin,TX 78730 PROJECT: BCRUA Phase 2 Raw Water Delivery System This Supplemental Contract No. 18 to Contract for Engineering Services is made by and between the BRUSHY CREEK REGIONAL UTILITY AUTHORITY, INC.,hereinafter called"BCRUA" and Walker Partners//Freese and Nichols Joint Venture,hereinafter called the "Engineer." WHEREAS, BCRUA and Engineer executed a Contract for Engineering Services, hereinafter called the "Contract," on the 28th day of November, 2018 for the BCRUA Phase 2 Raw Water Delivery System Project in the lump sum amount of$12,518,037.00 for Engineering Services excluding Task 5.3.1 —Geotechnical Investigation; and WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 1 on April 24, 2019 to amend the scope of services, specifically, Task 6.0, and to increase the compensation by $75,496.00 to a total lump sum amount of $12,593,533.00 for a total project amount of $13,697,291.00; and WHEREAS,BCRUA and Engineer executed Supplemental Contract No. 2 on August 7,2019 to amend the scope of services, specifically, Task 5.0 — Special Services, and to increase the compensation by $42,348.00 to a total lump sum amount of$12,635,881.00 for a total project amount of$13,739,639.00; and WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 3 on March 5, 2020 to amend the scope of services, specifically, Task 6.0 —Agency and Stakeholder Coordination, and to increase the compensation by $47,000.00 to a total lump sum amount of$12,682,881.00 for a total project amount of$13,786,639.00; and WHEREAS,BCRUA and Engineer executed Supplemental Contract No.4 on March 20,2020 to amend the scope of services, specifically, Task 6.0—Agency and Stakeholder Coordination, and to increase the compensation by $18,155.00 to a total lump sum amount of$12,701,036.00 for a total project amount of$13,804,794.00; and Supplemental Contract Rev.03/2011 0140.4634-47 215829 WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 5 on May 28, 2020 to amend the scope of services,specifically,Task 5.3.1 —Geotechnical Investigation,by reducing the compensation by $256,761.00 and adjusting the total Time and Materials amount to $846,997.00; and to reallocate $256,761.00 to Task 5.0 — Special Services and Task 6.0 — Agency and Stakeholder Coordination, and to modify the provisions for the scope of services for Task 5.0 by increasing the compensation by $24,212.00 to a total lump sum amount of$12,982,009.00 for a total project amount of$13,829,006.00; and WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 6 on October 22, 2020 to amend the scope of services, specifically, Task 5.0 — Special Services, and to increase the compensation by $27,985.00 to a total lump sum amount of$13,009,994.00 for a total project amount of$13,856,991.00; and WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 7 on April 28, 2021 to amend the scope of services, specifically, Task 5.0 — Special Services, and to increase the compensation by $137,201.00 to a total lump sum of$13,147,195.00 for a total project amount of $13,994,192.00; and WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 8 on June 7, 2021 to amend the scope of services, specifically, Task 5.0 — Special Services, and to increase the compensation by $47,238.00 to a total lump sum of$13,194,433.00 for a total project amount of $14,041,430.00; and WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 9 on August 17, 2021 to amend the scope of services, specifically, Task 5.0 — Special Services, and to increase the compensation by $25,000.00 to a total lump sum of$13,219,433.00 for a total project amount of $14,066,430.00; and WHEREAS,BCRUA and Engineer executed Supplemental Contract No. 10 on October 15,2021 to amend the scope of services, specifically, Task 6.0 — Agency and Stakeholder Coordination, and to increase the compensation by $29,800.00 to a total lump sum of$13,249,233.00 for a total project amount of$14,096,230.00; and WHEREAS,BCRUA and Engineer executed Supplemental Contract No. 11 on October 20,2021 to modify the provisions for basic engineering services and to increase the compensation by $745,999.00 to a total Time and Materials amount of$1,592,996.00 for a total project amount of $14,842,229.00; and WHEREAS, BCRUA and Engineer executed Supplemental Contract No. 12 on December 14, 2021 to amend the scope of services, specifically, Task 6.0 — Agency and Stakeholder Coordination, and to increase the compensation by $33,250.00 to a total lump sum of $13,282,483.00 for a total project amount of$14,875,479.00; and WHEREAS,BCRUA and Engineer executed Supplemental Contract No. 13 on June 22,2022 to amend the provisions for basic engineering services and to increase the compensation by $22,641,893.00 to a total Time and Materials amount of$24,234,889.00 for a total project amount of$37,517,372.00; and 2 WHEREAS,BCRUA and Engineer executed Supplemental Contract No. 14 on August 24, 2022 to amend the scope of services, specifically, Task 5.0 — Special Services, and to increase the compensation by $26,810.00 to a total lump sum of$13,309,293.00 for a total project amount of $37,544,182.00; and WHEREAS, BCRUA and Engineer executed Supplemental Contract No.15 on July 10, 2023 to amend the provisions for basic engineering services and to increase the compensation by $25,095.00 to a total not to exceed amount of $24,259,984.00 for a total project amount of $37,569,277.00; and WHEREAS, BCRUA and Engineer executed Supplemental Contract No.16 on June 25, 2025 to modify the provisions for the scope of services and to increase the compensation by $498,396.00 to a total lump sum of$13,807,689.00 for a total project amount of$38,067,673.00; and WHEREAS,BCRUA and Engineer executed Supplemental Contract No.17 on November 3,2025 to amend the provisions for basic engineering services and to increase the compensation by $49,000.00 to a total Time and Materials amount of$24,308,984.00 for a total project amount of $38,116,673.00; and WHEREAS, it has become necessary to amend the Contract to amend the provisions for basic engineering services and to increase the compensation by $129,310.00 to a total Time and Materials amount of$24,438,294.00 for a total project amount of$38,245,983.00; NOW THEREFORE,premises considered,BCRUA and the Engineer agree that said Contract is amended as follows: I. Article 2,Engineering Services and Exhibit B, Engineering Services shall be amended as set forth in the attached Addendum To Exhibit B. Exhibit C, Work Schedule shall be amended as set forth in the attached Addendum To Exhibit C. II. Article 4, Compensation (2)Not-to-Exceed Sum and Exhibit D, Fee Schedule shall be amended by increasing by $129,310.00 the not-to-exceed sum amount payable under the Contract for Engineering Services,to a total not-to-exceed amount of$24,438,294.00 for a total Project amount of$38,245,983.00, 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 WALKER PARTN By: A on Archer- Senior Vice President 03/17/26 Date FREESE AND NICHOLS JOINT VENTURE By: John New-Vice President March 19, 2026 Date 4 WIMP BRUSHY CREEK REGIONAL UTILITY AUTHORITY,INC. By: Anne Duffy, BCRUA President Date APPROVED AS TO FORM: By: Stephan L. Sheets,BCRUA Attorney 5 ADDENDUM TO EXHIBIT B ENGINEERING SERVICES GENERAL Electric service to the Phase 2 Raw Water Delivery System pump station is supplied by Pedernales Electric Cooperative (PEC) with circuits from both the Nameless and Whitestone substations. Due to utility policy changes regarding the availability of backup circuits, BCRUA has elected to study the feasibility of constructing on-site generation.The ultimate buildout generators may be sized to operate up to two 30 MGD BCRUA pumps, three 9 MGD Cedar Park pumps, and plant auxiliary systems such as air conditioning, ventilation fans, lights, SCADA systems, and freeze protection heaters. The purpose of Supplemental Contract No. 18 is to perform a feasibility study of this design. Additional design services including Final Design will be handled through an additional supplemental contract. BASIC SCOPE OF SERVICES 1.0 Project Management and Meetings 1.1 Provide project management and administration including project setup, project planning, and internal team coordination. 1.2 Attend a kickoff meetings with BCRUA. Kickoff may be either virtual or in person. 1.3 Prepare monthly invoices including a status report that summarizes the work completed during the invoice period. 1.4 Participate in weekly internal design team meetings (total of 20). 1.5 Attend BCRUA Oversight Committee meetings to provide updates and present recommendations. 2.0 Feasibility Study 2.1 Calculate generator sizing based on pump curves. 2.2 Work with manufacturers to select basis of design gensets. 2.3 Coordination with ABB for initial selections of medium voltage switchgear. 2.4 Preliminary switchgear building layout and sizing requirements. 2.5 Perform feasibility level site plan development to accommodate major equipment including generators, fuel tanks, fuel polishing equipment, load bank(s), switchgear building footprint. 2.6 Evaluate opportunities for project phasing and work sequencing to avoid impacts to the Sandy Creek electrical system if the project is initiated prior to the completion of the Phase 2 Raw Water Delivery System Project. 2.7 Evaluate location of generator and generator switchgear building foundations to avoid conflicts with existing duct banks. 2.8 Study generator refueling operations to determine if a fill station is necessary. Walker PartnersFREESE 3/12/2026 engineers * surveyors IrEIVAICHOLS 2.9 Assess rigging feasibility for generator placement during construction and future repairs. 2.10 Provide an electrical site plan, single line diagram, and proposed switchgear building layout for the feasibility study. 2.11 Develop electrical, instrumentation, and controls designs. 2.12 Evaluate permitting impacts of the proposed improvements. 2.13 Provide input into construction sequencing and scheduling options. 2.14 Provide an opinion of probable construction cost (OPCC), AACE Class 4. The OPCC will include decommissioning of the Cedar Park Raw Water Intake Barge. 2.15 Prepare a Draft Technical Memorandum (TM). Review and address BCRUA comments and prepare a Final Technical Memorandum. �enlkerPartners r'zCHOLS 3/12/2026 ineers • surveyors <N� ADDENDUM TO EXHIBIT C WORK SCHEDULE No modification to the Phase 2 work schedule is required. The Draft Report will be produced in four months. @Walker PartnersFREESE 3/12/2026 engineers * surveyors Irmill;N,CHOLS ADDENDUM TO EXHIBIT D FEE SCHEDULE Total compensation for services under Supplemental Amendment No. 18 is estimated to be $129,310 as shown below. Total compensation for the Project shall be adjusted from $38,116,673 to $38,245,983. Owner shall pay Engineer for Basic Services set forth in Supplemental Amendment No. 18 on the basis of Standard Hourly Rates as described in Paragraph 2.0 of Exhibit D of the Contract. Brushy Gr..►R.OIw1a1 WIty►anll.rlly(OCR1114 M Suggaft Plus.2 O..p Wal.r Inlak, Supple Mal Amcr .t No.16 7117!2076 T.I.I PMJW 5776.710 Dvlai.d G..t 0-.kd— Befic Servlu. Twk R_ T.W labs T.IM E.W" bue.etwuN.nl T.W ENan Frh r !Mort 1.0 M 6 17 16 1 2 1 1 7E S 9 7P0 I S 17516 19 900 f S 28-35 2.0 SIu07 12 16 60 b 12 1b S 21200 $ 1111S 77 SW $ '00873 Tak Ea n EMBs Total E. 1 0 P.oKc1 M 230 5 �'i S 10 f eas2111ty Stud'1 en 270 5 ']5 ap.mn T..k Subconwllanls �" Total 6c[Et•�.rt to ProKn Mare—, 10,000 30 IrasiE�litr Study T0,000 -- T-1 Ubco� u taut.Eff..J 4 Walker Partners ■ FREESE 3/12/2026 W engineers * surveyors �7 .NICHOLS