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26 TxDOT Contract No.: 8XIFA068 TxDOT Project No.: AP SAN MARCOS TxDOT CSJ No.: 9842SMRCO THE STATE OF TEXAS SS THE COUNTY OF TRAVIS SS SUPPLEMENTAL AGREEMENT NO. 01 TO PROFESSIONAL ENGINEERING SERVICES AGREEMENT This supplemental agreement to the Professional Engineering Services Agreement is made by and between the City of San Marcos, Texas, hereinafter called the "Sponsor", acting by and through the Texas Department of Transportation, hereinafter called the Agent, and Carter & Burgess, Inc., hereinafter called the "Engineer". WHEREAS, the Sponsor and the Engineer executed an agreement on the September 8, 1998 for: for the design and construction phases to: rehabilitate apron area 4 at the San Marcos Municipal Airport; and, WHEREAS, Section B-5.4.1.-Payments to the Engineer, of the Professional Engineering Services Agreement, limits the maximum amount payable under the agreement to $45.738.00; and, WHEREAS, it has become necessary to amend the agreement to provide for Resident Project Representative Services and Materials and Testing Laboratory Services during construction; NOW, THEREFORE, premises considered, the Sponsor and the Engineer agree in consideration of their mutual promises that said agreement is amended as follows: A. Add Additional Services to Section 1 - Scope of Services as follows: 1.3. The Engineer shall furnish a Resident Project Representative, hereinafter called the "RPR", to assist the Engineer in observing the performance of the work of the Contractor. Services of the RPR shall be in accordance with Exhibit A, "Duties, Responsibilities and Limitations of Authority of the Resident Project Representative", attached hereto and made a part of this Supplemental Agreement. 1.3.1. The person(s) designated by the Engineer to perform the services of the RPR shall be approved in writing by the Agent. 1 of 5