GM-11-04-27-012 SUPPLEMENTAL AGREEMENT NO. 1 TO
"AGREEMENT FOR CONSTRUCTION MATERIALS TESTING AND
GEOTECHNICAL SERVICES FOR THE BCRUA REGIONAL WATER TREATMENT
PLANT PROJECT WITH FUGRO CONSULTANTS, INC."
FIRM: Fugro Consultants, Inc.
ADDRESS: 8613 Cross Park Drive, Austin, Texas 78754
PROJECT: Regional Water Treatment Plant, Phase 1A
This Supplemental Agreement No. 1 to "Agreement for Construction Materials Testing
and Geotechnical Services for the BCRUA Regional Water Treatment Plant Project with Fugro
Consultants, Inc.," (hereinafter referred to as "Supplemental Agreement No. 1") is made by and
between the Brushy Creek Regional Utility Authority, a Texas local government corporation
(hereinafter referred to as the "BCRUA"), and Fugro Consultants, Inc. (hereinafter referred to as
"Fugro").
WHEREAS, the BCRUA and Fugro executed the original agreement entitled
"Agreement for Construction Materials Testing and Geotechnical Services for the BCRUA
Regional Water Treatment Plant Project with Fugro Consultants, Inc.," on the 201h day of
January, 2010, in the original amount of$175,000.00; and
WHEREAS, it has become necessary to amend the original agreement via this
Supplemental Agreement No. 1 to add an alteration in the maximum amount of$45,000.00 to the
original amount of$175,000.00, bringing the total to a maximum of$220,000.00; and without
alteration to timeframe;
NOW THEREFORE, premises considered, the BCRUA and Fugro agree that said
Agreement shall be amended as follows:
I.
Section 1.1.2.5 of the original agreement is hereby amended to read as follows:
1.1.2.5 The financial parameters are as follows:
The estimated fee for the projected cost for Fugro's consulting services shall be a not-to-
exceed amount of Two Hundred Twenty Thousand and No/100 Dollars
($220,000.00), comprised of the following services:
See Exhibit entitled "Remaining Fee Estimate" attached hereto and
incorporated herein by reference for all appropriate purposes.
Exhibit "A" of the original agreement containing "Consultant's
Responsibilities" and "Fees for Geotechnical and Materials Engineering
216563/jkg
4C
6! �f //
wM-Jf 67- Z-7-010
Services" is hereby amended to read in conformity with this Supplemental
Agreement No. 1.
Such not-to-exceed amount shall be full compensation for all services
performed and to be performed by Fugro under this Agreement. The
foregoing not-to-exceed amount may not be revised in any fashion other
than by written Supplemental Agreement as provided for herein or in the
original agreement. The BCRUA shall pay Fugro on a "time and
materials" basis, Fugro agrees to accept payment from the BCRUA on
such basis, and the parties expressly agree that only work actually
performed by Fugro will be paid for by the BCRUA.
$ The BCRUA may require the services of Fugro on an on-call basis
as scheduled by the BCRUA's representatives. Fugro requests
twenty-four(24) hour notifications to properly schedule work.
$ Any services provided by Fugro on Saturdays, Sundays, holidays,
and all work in excess of normal work hours, as defined herein or
in the original agreement, will be charged at an overtime rate of 1.5
times the appropriate hourly rate. The parties evidence their
understanding that the projected cost of consulting services, such
amount being a maximum of $220,000.00, is based on the
assumption that most services will be provided during "normal"
work hours, and that providing an excessive amount of services
during days and/or hours requiring overtime rates may increase the
total cost of services indicated herein. On-site cancellation outside
of "normal" work hours will result in a four (4) hour minimum
labor charge.
$ "Normal" work hours are defined as between 7:00 am and 6:00
pm, including travel time to and from the site unless stated
otherwise, Monday through Friday. A minimum of two (2) hours
technician time will be assessed per call-out. Overtime charges
will be assessed after eight (8) continuous hours of service
rendered during"normal" work hours.
$ Invoices shall be submitted monthly for work done in standard
format acceptable to the BCRUA. Invoices are due and payable in
accordance with the original agreement. The parties evidence their
understanding that this Agreement is performable in Williamson
County, Texas. In the event that the State of Texas legislates a
sales tax on professional services, the amount of tax applicable will
be added to the appropriate service rate charged by Fugro.
II.
Exhibit `B" of the original agreement is hereby amended to read in conformity with this
Supplemental Agreement No. 1.
2
IN WITNESS WHEREOF, the BCRUA and Fugro have executed this Supplemental
Agreement No. 1 in duplicate.
BRUSHY CREEK REGIONAL UTILITY AUTHORITY
By:
Willer, Pfesi&nt
Date Signed:ATTE'ST:
$Y`
J an, ecre a y
FUGRO CONSULTANTS, INC.
By:
/��cxr
Printed Name of Principal: Peter H. Bush, P.E.
Title: Vice President
Date Signed:
ATTEST:
By:
Corporate Secretary
3