BCRUA-2025-028 - 8/27/2025 RESOLUTION NO.BCRUA-2025-028
WHEREAS, the Brushy Creek Regional Authority ("BCRUA") has previously entered
into an Agreement with Terracon Consultants, Inc. ("Terracon") for Consulting Services for
Materials Observation and Testing ("Agreement") on the 26th day of June 2024; and
WHEREAS, Supplemental Agreement No. 1 has been prepared to amend the Agreement
to increase the compensation to Terracon from$280,000.00 to $556,700.00; and
WHEREAS, the BCRUA wishes to enter into said Supplemental Agreement No. 1 with
Terracon Consultants, Inc., Now Therefore
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BRUSHY
CREEK REGIONAL UTILITY AUTHORITY:
That the Board President is hereby authorized and directed to execute on behalf of the
BCRUA, a Supplemental Agreement No. 1 with Terracon Consultants, Inc. for Consulting
Services for Materials Observation and Testing, a copy of same being attached hereto as Exhibit
"A" and incorporated herein for all purposes.
The Board of Directors 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 27th day of August, 2025.
I OA I 0
ii 1 ••Al
liANNE 10 FFY, Pr:. .ent
Brushy Creek Regio .1 Utility Authority
ATTEST:
A
NA'COLE THOMPSON, ecretary
0330.4634-A:4902-7936-0097
EXHIBIT "A"
BRUSHY CREEK
hillk REGIONAL UTILITY AUTHORITY
A Parrnes hip o/ Cedar Park, Leander. and Round Rock
SUPPLEMENTAL AGREEMENT NO. 1
TO "AGREEMENT BETWEEN BRUSHY CREEK REGIONAL UTILITY AUTHORITY
AND TERRACON CONSULTANTS,INC. FOR CONSULTING SERVICES FOR
MATERIALS OBSERVATION AND TESTING"
FIRM: TERRACON CONSULTANTS, INC. ("Consultant")
ADDRESS: 800 Paloma Drive, Suite 150, Round Rock,Texas 78665
PROJECT: BCRUA Phase 2 Raw Water Delivery System
THIS SUPPLEMENTAL AGREEMENT NO. 1 hereinafter called "Supplemental
Agreement No. 1," is made by and between the BRUSHY CREEK REGIONAL UTILITY
AUTHORITY, hereinafter called "BCRUA," and TERRACON CONSULTANTS, INC,
hereinafter called "Consultant."
WHEREAS, the BCRUA and Consultant previously executed that one certain
Agreement Between Brushy Creek Regional Utility Authority and Terracon Consultants, Inc. for
Consulting Services for Materials Observation and Testing, (the "Agreement") on the 26th day of
June, 2024; and
WHEREAS, the Parties desire to amend the Agreement by increasing the compensation
from $280,000.00 to $556,700.00, as set forth herein;
NOW THEREFORE, in consideration of the mutual promises and obligations in the
Agreement and this Supplemental Agreement No. 1, BCRUA and Consultant agree that said
Agreement is amended and supplemented as follows:
I.
Section 5.01 of the Agreement is hereby amended to read as follows:
5.01 COMPENSATION
BCRUA shall pay and Consultant agrees to accept the amount shown below as full
compensation for all Consulting Services performed and to be performed under this Agreement.
Consultant shall be paid on the basis of actual hours worked by employees performing
work associated with this Agreement, in accordance with the Fee Schedule attached hereto as
Exhibit C. Payment of monies due for direct cost expenses shall be based on the actual costs.
0330.4634-A;4902-8060-4257
The total compensation for Consulting Services hereunder shall not exceed the sum of
Five Hundred Fifty-Six Thousand Seven Hundred and No/ 100 ($556,700.00). Consultant
shall prepare and submit to BCRUA monthly progress reports in sufficient detail to support the
progress of the work and to support invoices requesting monthly payment. Satisfactory progress
of work shall be an absolute condition of payment.
The maximum amount payable herein may be adjusted for additional work requested and
performed only if approved by written Supplemental Agreement.
IN WITNESS WHEREOF, the BCRUA and Consultant have executed this
Supplemental Agreement No. 1 to be effective as of the last date of due execution by both
parties.
BRUSHY CREEK REGIONAL UTILITY AUTHORITY
By:
Printed Name:
Title:
Date Signed:
FOR BCRUA,APPROVED AS TO FORM:
By:
Stephan L. Sheets, BCRUA Attorney
TERRACON CONSULTANTS,INC.
?�'l. /190./71.4it
By:
Printed Name: Jesse M. Kocher
Title: Director Regional Operations
Date Signed: 8/21/2025
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