GM-11-10-19-021SUPPLEMENTAL AGREEMENT NO.2 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.2 to "Agreement for Construction Materials Testing
and Geotechnical Services for the BCRUA Regional Water Treatment Plant Project with Fugro
Consultants, Inc.," 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.(hereinafterreferred 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 20lh day of
January, 2010, in the original amount of $175,000.00; and thereafter executed Supplemental
Agreement No. 1 to add $45,000 to the original amount, bringing the total to a maximum of
$220,000.00; and
WHEREAS, it has now become necessary to amend the original Agreement via this
SupplementalAgreement No.2 to add an alteration in themaximumamount of $40,000.00to the
revised amount of $220,000.00, bringing the new total to a maximum of $260,000.00; and
without alteration to timeframe;
NOW THEREFORE, premises considered, the BCRUA and Fugro agree that said
Agreementshall be amendedas follows:
1.
Section 1.1.2.5 of the original agreement is hereby amended to read as follows:
1.1.2.5The financialparametersare as follows:
The estimated fee for the projected cost for Fugro's consulting services shall be a not-to
exceed amount of Two Hundred Sixty Thousand and No/tOO Dollars (5260,000.00),
comprised of the following services:
See Exhibit "REMAINING FEE ESTIMATE" attached hereto and incorporated herein
by reference for all appropriate purposes, the said Exhibit "REMAINING FEE
ESTIMATE" containing "Consultant's Responsibilities" and "Fees for Geotechnical and
MaterialsEngineeringServices" attachments.
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Such not-to-exceed amount shall be full compensation for all services performed and to
be performed by Fugro under this Agreement, and such 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 herein defined, 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 ($260,000.00) 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"nonnal" 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 upon receipt, in accordance with Section 1.3.9.1
and Section 1.5.3 of 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.2
IN WITNESS WHEREOF, the BCRUA and Fugro have executed this Supplemental
Agreement No.2 in duplicate originals.
[SIGNATURE PAGE FOLLOWS]
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BRUSHY CREEK REGIONAL UTILITY AUTHORITY
By: MlICb~~~S U~
Date Signed: ID{r'i II {
ATTEST, ..
By:
loba C6WJllRll, Secretary
FUGRO CONSULTANTS, INC.
By:
Printed Name of Principal: Peter H. Bush. P.E. _
Title: Vice President ;..;.... _
Date Signed: October 10. 2011 ~ _
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