GM-20-12-21-094 SUPPLEMENTAL AGREEMENT NO. 2 TO
"BRUSHY CREEK REGIONAL UTILITY AUTHORITY
PROFESSIONAL CONSULTING SERVICES FOR
CONSTRUCTION MATERIALS TESTING SERVICES WITH
RABA KISTNER CONSULTANTS"
THIS SUPPLEMENTAL AGREEMENT NO. 2 to "Brushy Creek Regional Utility
Authority Professional Consulting Services for Construction Materials Testing Services with
Raba Kistner Consultants,"hereinafter called "Supplemental Agreement No. 2," is made by and
between the BRUSHY CREEK REGIONAL UTILITY AUTHORITY, a Texas local
government corporation, whose offices are located at 221 East Main Street, Round Rock, Texas
78664-5299 (hereinafter referred to as "BCRUA"), and RABA KISTNER CONSULTANTS,
located at 8100 Cameron Road, Suite B-150, Austin, Texas 78754 (hereinafter referred to as
"Consultant").
WHEREAS, BCRUA and Consultant previously executed the referenced `Brushy Creek
Regional Utility Authority Professional Consulting Services for Construction Materials Testing
Services with Raba Kistner Consultants" (hereinafter referred to as the "Agreement") for
construction material testing services for Phase 1 C of the Water Treatment Plant Expansion
(hereinafter referred to as the"Project"); and
WHEREAS, it was previously necessary to amend the Scope of Services and increase the
Contract Amount provided in the Agreement for the Project by $4,906.00 for an amended total
of$42,106.00; and
WHEREAS, it is further necessary to amend the Scope of Services and increase the
Contract Amount provided in the Agreement for the Project by $454.50 for an amended total of
$42,560.50; and
WHEREAS, the parties desire to enter into this Supplemental Agreement No. 2 to set
forth in writing their respective rights, duties and obligations hereunder;
NOW, THEREFORE, in consideration of the mutual promises and obligations in the
Agreement and this Supplemental Agreement No. 2, BCRUA and Consultant agree that said
Agreement is amended and supplemented as follows:
I.
Section 2.01 of the Agreement is hereby amended to read as follows:
2.01 PROPOSAL FOR SERVICES
Consultant has issued its proposal for services for the tasks delineated therein, such
proposal for services being attached hereto as Exhibit "A" and the Addendum to Exhibit "A"
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titled"Scope of Work,"which documents are incorporated herein for all purposes.
II.
Section 3.01 of the Agreement is hereby amended to read as follows:
3.01 SCOPE OF SERVICES
Consultant shall satisfactorily provide all services described herein and as set forth in
Exhibit "A" and the Addendum to Exhibit "A." Such services shall be performed in the time
frame agreed upon by the parties. Consultant's undertaking shall be limited to performing
services for BCRUA and/or advising BCRUA concerning those matters on which Consultant has
been specifically engaged. Consultant shall perform services in accordance with this Agreement,
in accordance with the appended proposal for services, and in a professional and workmanlike
manner.
III.
Section 4.01 of the Agreement is hereby amended to read as follows:
4.01 LIMITATION TO SCOPE OF SERVICES
Consultant and BCRUA agree that the scope of services to be performed is enumerated in
Exhibit "A" and the Addendum to Exhibit "A," and Consultant shall not undertake work that is
beyond the Scope of Work set forth in Exhibit"A" and the Addendum to Exhibit "A,"however,
either party may make written requests for changes to the Scope of Work." To be effective, a
change to the Scope of Work must be negotiated and agreed to and must be embodied in a valid
Supplemental Agreement as described in 9.01.
IV.
Section 5.01 of the Agreement is hereby amended to read as follows:
5.01 CONTRACT AMOUNT
In consideration for the professional consulting services to be performed by Consultant,
BCRUA agrees to pay Consultant in accordance with Exhibit "A" and the Addendum to Exhibit
"A," which documents are attached hereto and incorporated herein for all purposes, in payment
for services and the Scope of Services deliverables as delineated in Exhibit "A" and the
Addendum to Exhibit "A."
Not-to-Exceed Total Payment for Services: Consultant's total compensation for
consulting services hereunder shall not exceed Forty-Two Thousand Five Hundred Sixty and
50/100 Dollars($92,560.50). This amount represents the absolute limit of BCRUA's liability to
Consultant hereunder unless same shall be changed by Supplemental Agreement, and BCRUA
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shall pay, strictly within the not-to-exceed sum recited herein, Consultant's professional fees for
work done on behalf of BCRUA.
Payment for Reimbursable Expenses: There shall be no payments for reimbursable
expenses included in this Agreement.
V.
This Supplemental Agreement No. 2 shall amend the original Agreement only as set forth
herein with no other changes in terms or conditions of the original Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
hereafter indicated.
Brushy C,r�eeels Regional Utility Authority Raba Kistner Consultants
By: /\_a,�� By: .
Printed Name: Karen Bondy Printed Name: Gabriel 04Aelas, Jr. PE
Title: General Manager Title: Senior Vice Preside
Date Signed: 12/21/2020 Date Signed: 12/21/2020
For BC RU ,Approved as to Form:
By: t4lwj
Stepha . Sheets,BCRUA Attorney
3
Exhibit "A"
[Delivered by Email to: Karen Bondy kbondy@bcrua.org] R A B A
4 KISTNER
PAD18-179-00a 8100 Cameron Road,Suite 13-1S0
AAD19-003-00 Austin,TX 78754
December 14, 2020
P 512.339.1745
F 512.339.6174
Brushy Creek Regional Utility Authority(BCRUA) TBPE Firm F-3257
221 E. Main Street
www.RKci.coM
Round Rock,TX 78664
Re: Amendment No.2
Phase 1C WTP Expansion
Proposal PAD18-179-00,dated December 28,2018
Profession Consulting Services for CMT Services,signed January 25,2019
1906 Hur Industrial Blvd.
Cedar Park,TX 78613
Dear Ms. Bondy:
Raba Kistner, Inc. has been pleased to provide construction materials testing at the BCRUA Water
Treatment Plant located at 1906 Hur Industrial Blvd. Cedar Park, TX 78613. We have completed all
services to date.
As discussed with you and Mr. Christensen of Walker Partners, Raba Kistner's portion of this project has
come to a close. After reviewing final reports and efforts,the following services were provided beyond
the last supplemental agreement's services:
• Soils laboratory testing,in-place field nuclear density testing.
We have evaluated those efforts and would like to request a Change Order No.2 in the amou nt of$454.50.
The revised Not-To-Exceed amount would be increased to$42,560.50.
Should you have any questions after reviewing this letter,please contact me at 512-339-1745 or via email
at gornelas@rkci.com.
Very truly yours,
Gabriel Ornelas,Jr., P.E.
Senior Vice President
GO/n p
Attachments: Cost Estimate Breakdown
Copies Submitted: Above(1)
CONSULTANTS • ENVIRONMENTAL • PROJECT MANAGEMENT • INFRASTRUCTURE
Exhibit "A"
Project No.:AAD19-003-00 2
Proposal No.:PAD18-179-00a
December 16,2020
COST ESTIMATE BREAKDOWN
Project Name: BCRUA-Phase 1C Water Treatment Plant Expansion-Amendment 1
Project Location: 1906 Hur Industrial Blvd.,Cedar Park,TX 78613
Contact Name: Karen Bondy
Client: Brushy Creek Regional Utility Authority(BCRUA)
Address: 221 E.Main Street
City/State/zip Round Rock,TX 78664
Phone Number: 512-688-0475 cell 512-215-9151 work
E-mail: kbondv@bcrua.ora
TESTING/OBSERVATION ITEM UNIT COST UNIT ESTIMATED COST
QUANTITY EXTENSION
SOILS
Laboratory Testing
Moisture Density Relationship,TxDOT or ASTM $269.00 each 0 $0.00
Atterberg Limits $89.00 each 0 $0.00
Sieve Analysis $89.00each 0 $0.00
Field Testing/Observation
In-Place Nuclear Densities $17.00 each 6 $102.00
Materials Technician $54.00 hour 5 $270.00
Materials Technician(overtime) $75.60 hour 0 $0.00
Vehicle Travel Charge $35.00 trip 2 $70.00
Subtotal $442.00
PROJECT ADMINISTRATION
Clerical $50.00 hour 0.25 $12.50
Subtotal $12.50
GRAND TOTAL $454.50
RABAKIS 'TNER