BCRUA_R-12-10-24-5A RESOLUTION NO. R-12-14-24-5A
WHEREAS, the Brushy Creek Regional Utility Authority, Inc. {"BCRUA.") has previously
entered into an agreement with Water Resources Management, L.P. for construction phase observation
services regarding the BCRUA Water Treatment Plant, and
WHEREAS, Water Resources Management, L.P. has submitted Supplemental Agreement No.
2 to the Agreement to modify the provisions for the scope of services, and
WHEREAS, the BCRUA desires to enter into said Supplemental Agreement No. 2, Now
Therefore
BE IT RESOLVED BY THE BRUSHY CREED REGIONAL UTILITY AUTHORITY,
That the Board President is hereby authorized and directed to execute on behalf of the BCRUA
Supplemental Agreement No. 2 with Water Resources Management, L.P., a copy of same being
attached hereto as Exhibit"A"and incorporated herein for all purposes.
The Board 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 24th day of =STOP
R FIELDER, President
Brushy Creek Regional Utility Authority
ATT ST:
GEORGE WHITE, Secretary
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SUPPLEMENTAL AGREEMENT NO,2 TO
"BRI1!SI=iY CREEK REGIONAL UTILI'T'Y AUTHORITY())CRUA)
AGREEMENT FOR CONSTRUCTION PHASIC OBSERVATION
SERVICES FOR BCRUA WATER TREATMENT PLANT
WITH WATER RESOURCES MANAGEMENT,L.P."
FIRM: Water Resources Management,L.P.(WR?d)
ADDITESS: 1.617 West Koenig Lane,Austin,Texas 7$756
PROJECT: BCRUA.Water TreatmentPlanI
'I'1,is Sopplemental Agreeme=nt No. 2 to"Drushy Creck Regional Utility Authority(13CRUA)Agreement
for Construction Phase Observation Services for BCRUA Water Treatment Plant with Water Re=sources
Management, L.P." (hereinafter rafarred to as "Supplemental Agreement No. 2") is made by and bet�veen the
Brushy C=reek Regional Utility Authority, a Toxas local gove=rnment corporation (herainaRer reForrcd to as the
"13CRUA"),and Water Resaurres Managcnicnt,1.,P, (he;rcinsafter rcfen-od to as"WRM").
WHEREAS, ilia BCRUA and )VRM executed the original Agreement entitled "Brushy Creek Regional
Utility Arrtliorily (BCRUA) Agreement for Construction Pliasc Observation Services for BCRUA Water
Troatrment Plant with Water Resources Management, L.P." on the 18th day of November, 2009, in the original
aamotant of$752,000.00;and
WSEREA.S, it be=came necessary on April 21,2010 to amend the originAl agreoratent via Supplemental
Agreement No. I to modify the description of trio 11'rojcct and to increase the compensation by $185,000.00 to a
total of$937,000.00;and
WHEREAS, the BCRiJA and WRM executed Chtangc Order No. 1 on :lune 12, 2012 in the Amount of
$40,000.00,bringing the total to$977,000.00;and
WHEREAS, it has again become necessary to aniend the original agreement and Supplemental
Agrearnunt No. I vitt this Supplernontal Agreement No.2 to modify the description of the Project and to inewase
the compensation by$47,093.92 to it total of$1,024,093.92;
NOW THEREFORE,premises considered, the BCRUA and WRM agree that said Agreement Sllall be
amended ns follows:
I.
Section 1.2.5 of the original agreement is hcrcby ar-ncnded to read as fol to xs:
1,2.5 The financial par4rneters al O as follows;
The total fee for WRM's services shall be in a not-to-oxeeed amount of One Million Twenty-four Thousand
Ninety-three Dollars and 921100($1,024$093.92). Such not-to-exceed amount shall be full compensation for all
Services perfortned and to be performed by WRN4 tinder this Agreement,and suc=h not-to-exceed amount may not
be revised in any fashion other than by written Supplemental Agrournent as provided For licrcin, The BCRUA
shall pay WRM on a"time And materlals"basis,W lt_M agrees to accept payment from the BCRUA on such basis,
and the parties expressly agree that only work actually performed by WRM will be paid for by the BCRUA.
0026077(>ljkg
H.
Section 1.2.6.3(i)of the original agreement is bereby amended to read as follows:
(i) Time Commitment and Estimated Rate Projections(added by Supplemental Agreemcat No.2):
Lead Observer{Manager: 476 hours over duration of 3-month additional contract term = $41.,1:93,44
Addt'l Ohserver/Support Staff.• 92 hours over duration of3-month additional contract term
TOTAL NOT-TO-E,SCE)ED AMOUNT FOR ADDITIONAL SERVICES $47,093.92
TOTAL NOT-TO-EXCEED AMOUNT FOR ENTIRE CONTRACT $1,024,493.92
Also see Exhibit"B"entitled"Delineation of Observer's Responsibilities."
Thr, parties expressly ackmowledge and agree that the BCRUA's Designated Representative and WRM shall
consult with each other, on a regular and an an as-needed basis,to review slid assess appropriate work al locations
for the necessary Observer Services.
all.
Section 1.2.7.1.1 of the original agreement is hcroby amended to read as follows:
1.2.7.1.1 The term of this Agreement shalI be until full and satisfactory completion of the work specified herein
is achieved, but in no event later than three (3) months tater than the term previously fixed in the original
agreement and Subsequent supplemental agreements/change orders, unless this Agreement is extended by
written Supplemental Agreement executed by V RM and the BCRUA prior to the date of tern expiration. Any
work performed or costs incurred by WRM after the date oftenn expiration or termination shall not be eligible for
reimburseinent.
1V.
Section 3.I of the original agreement is hereby amended to read as follows:
3.X Total Fee. The total fee for WRM's services shall be in a not-to-exceed amount of One Million 1Nweuty-
four Thousand Ninety-three Dollars and 921100 ($1,024,093.92). Such not-to-exceed runount shall be full
compensation for all Services performed and to be performed by WJW under this Agreement, and such riot-to-
exceed amount may not be revised in any fashion other-than by written Supplemental Agreement as provided for
herein. The BCRUA shall pay WRM on a"tints and materials" basis,WRM agues to accept payment from the
BCRUA on such basis, and the parties expressly agree that only worts actually performed by WRM will be paid
for by the 13CRIJA.
IN WITNESS WHEREOF,the BCRUA and WRM have exceuted this Supplemental Agreement No.2
in duplicate.
WATER RESOACEISGEMENT,L.P. ATTEST:
By: lay.
Printed Na e. Carpo;flte ecrctaiy
Title: tc" r
Date Signed: /Q-$2,/
2
BRUSH'CREEK n,GIONAL UTILITY AUTHOItI'I"Y
fi
By;
C14igA6plih Pffder,President
Date Signed:
ATTEST,
By: �l
Goorge'4 kite,See-etary
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