GM-17-08-16-070 SUPPLEMENTAL AGREEMENT NO. 6 TO
"BRUSHY CREEK REGIONAL UTILITY AUTHORITY (BCRUA)AGREEMENT
FOR CONSTRUCTION PHASE OBSERVATION SERVICES FOR BCRUA PHASE 1,
CONTRACT 1,REGIONAL WATER SYSTEM,RAW WATER PIPELINE
WITH DIAL DEVELOPMENT SERVICES,LTD."
FIRM: Dial Development Services,Ltd.
ADDRESS: Post Office Box 608,Del Valle,Texas 78617
PROJECT: Phase 1, Contract 1,Regional Water System,Raw Water Pipeline
This Supplemental Agreement No. 6 to "Brushy Creek Regional Utility Authority
(BCRUA) Agreement for Construction Phase Observation Services for BCRUA Phase 1,
Contract 1, Regional Water System, Raw Water Pipeline with Dial Development Services, Ltd."
(hereinafter referred to as "Supplemental Agreement No. 6") is made by and between the Brushy
Creek Regional Utility Authority, a Texas local government corporation (hereinafter referred to
as the"BCRUA"),and Dial Development Services, Ltd. (hereinafter referred to as "Dial").
WHEREAS, the BCRUA and Dial executed the original agreement entitled "Brushy
Creek Regional Utility Authority (BCRUA) Agreement for Construction Phase Observation
Services for BCRUA Phase 1, Contract 1, Regional Water System, Raw Water Pipeline with
Dial Development Services, Ltd."on the 18th day of November, 2009, in the original amount of
$656,000.00; and
WHEREAS, it became necessary on April 21, 2010 to amend the original agreement via
Supplemental Agreement No. 1 to modify the description of the Project and to increase the
compensation by $313,000 to a total of$969,000; and
WHEREAS, it further became necessary on October 20, 2010 to amend the original
agreement and Supplemental Agreement No. 1 via Supplemental Agreement No. 2 to modify the
description of the Project and to increase the compensation by $180,000.00 to a total of
$1,149,000.00; and
WHEREAS, it further became necessary on July 16, 2014 to amend the original
agreement, Supplemental Agreement No. 1 and Supplemental Agreement No. 2 via
Supplemental Agreement No. 3 to modify the Scope of Services of the Project and to increase
the compensation by $135,000.00 to a total of$1,284,000.00; and
WHEREAS, it further became necessary on April 15, 2015 to amend the original
agreement, Supplemental Agreement No. 1, Supplemental Agreement No. 2 and Supplemental
Agreement No. 3 via Supplemental Agreement No. 4 to increase the compensation by
$75,000.00 to a total of$1,359,000.00; and
WHEREAS, it further became necessary on February 17, 2016 to amend the original
agreement, Supplemental Agreement No. 1, Supplemental Agreement No. 2, Supplemental
Agreement No. 3 and Supplemental Agreement No. 4 via Supplemental No. 5 to increase the
compensation by$42,500.00 to a total of$1,401,500.00; and
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WHEREAS, it has now further become necessary to amend the original agreement,
Supplemental Agreement No. 1, Supplemental Agreement No. 2, Supplemental Agreement No.
3, Supplemental Agreement No. 4 and Supplemental Agreement No. 5 via Supplemental
Agreement No. 6 to modify the Scope of the Project and to increase the compensation by
$10,000.00 to a total of$1,411,500.00.
NOW THEREFORE, premises considered, the BCRUA and Dial agree that said
Agreement shall be amended as follows:
I.
Section 1.2.5 of the original agreement is hereby amended to read as follows:
1.2.5 The financial parameters are as follows:
The total fee for Dial's services shall be in a not-to-exceed amount of One Million Four
Hundred Eleven Thousand Five Hundred and No/100 Dollars ($1,411,500.00). Such not-to-
exceed amount shall be full compensation for all Services performed and to be performed by
Dial 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. The BCRUA shall pay
Dial on a "time and materials" basis, Dial agrees to accept payment from the BCRUA on such
basis, and the parties expressly agree that only work actually performed by Dial will be paid for
by the BCRUA.
II.
Section 1.2.6. of the original agreement is hereby amended to amend subsections (q) as
follows:
1.2.6 The remaining Scope of Services parameters are set forth in Exhibit "A," attached and
incorporated herein by reference, and are as follows:
The above-recited fee for Dial's Services is generally comprised of the following:
(q) Dispute Resolution
Dial shall assist outside council, as necessary, with any dispute resolution including but
not limited to attending mediation and attending deposition hearings on behalf of the
B.C.R.U.A., as necessary.
III.
Section 1.2.6.3(1) of the original agreement is hereby amended to read as follows:
(i) Time Commitment and Estimated Rate Projections:
TOTAL NOT-TO-EXCEED AMOUNT $1,411,500.00
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IV.
Section 1.2.7.1.1 of the original agreement is hereby amended to read as follows:
1.2.7.1.1 The term of this Agreement shall be until full and satisfactory completion of the work
specified herein is achieved.
V.
Section 3.1 of the original agreement is hereby amended to read as follows:
3.1 Total Fee. The total fee for Dial's services shall be in a not-to-exceed amount of One
Million Four Hundred Eleven Thousand Five Hundred and No/100 Dollars($1,411,500.00).
Such not-to-exceed amount shall be full compensation for all Services performed and to be
performed by Dial 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. The BCRUA
shall pay Dial on a "time and materials" basis, Dial agrees to accept payment from the BCRUA
on such basis, and the parties expressly agree that only work actually performed by Dial will be
paid for by the BCRUA.
[Signatures on the following page.]
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IN WITNESS WHEREOF, the BCRUA and Dial have executed this Supplemental
Agreement No. 6 in duplicate.
BRUSHY CREEK REGIONAL UTILITY AUTHORITY
By: 2o:,Z
Pres do"—
Date Signed: F le J
ATTEST:
By:
Secret
DIAL DEVELOPMENT SERVICES,LTD., by
D.L. DIAL & ASSOCIATES,LC, GENERAL PARTNER
By:
Printed ame of Principal: -DAOV-/ .0
Title: 2e/L9,5/a PN T oe
Date Signed: 7 Z o / 7
ATTEST:
By:
Corporate Secretary
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