R-10-02-11-8F3 - 2/11/2010RESOLUTION NO. R -10-02-11-8F3
WHEREAS, the City of Round Rock, Texas (the "City") is a
participating and founding member of the Brushy Creek Regional
Utility Authority, Inc., (the "BCRUA"), and
WHEREAS, the BCRUA desires to enter into an agreement with
Pre -Test Laboratory of Central Texas regarding the BCRUA Raw Water
Pipeline, Phase One, Contract 1 Project, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the City Council hereby authorizes the Brushy Creek
Regional Utility Authority to enter into an Agreement for Consulting
Services for Construction Materials Testing and Geotechnical
Services for the BCRUA Raw Water Pipeline, Phase One, Contract 1
Project with Pre -Test Laboratory of Central Texas, a copy of same
being attached hereto as Exhibit "A" and incorporated herein for all
purposes.
The City Council 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 llth day of February, 2010.
ATTEST:
SARA L. WHITE, City Secretary
0:\wdox\SCClnts\0112\1005\MUNICIPAL\00181990. DOC/rmc
ALAI MCGRAW, Mayor
City of Round Rock, Texas
Agreement for Consulting Services for
Construction Materials Testing and Geotechnical Services for the
BCRUA Raw Water Pipeline, Phase One, Contract 1 Project
with Pre -Test Laboratory of Central Texas
AGREEMENT made as of the
Thousand Ten (2010).
(In words, indicate day, month midyear.)
( ) day of the month of in the year Two
BETWEEN the Brushy Creek Regional Utility Authority, identified herein as the "BCRUA":
(Name, address and other information)
BCRUA
221 East Main Street
Round Rock, Texas 78664
and Consultant, identified herein as "Consultant" or "Pre -Test":
(Name, address and other information)
Pre -Test Laboratory of Central Texas
Post Office Box 1014
Georgetown, Texas 78627
For the following Project:
(Include detailed description of Project.)
Consulting services including providing construction materials testing and geotechnical services, such services to include (by
way of illustration and not limitation) certain project management and administration services, and observation and testing of
the following construction materials: gradation testing of proposed bedding gravel; moisture density relationships of material
used for backfill of trench lines, roadway subgrade, and roadway base courses; field density testing of bedding, trenchline
backfill, roadway subgrade and roadway base; hot mix asphaltic concrete testing; concrete testing and inspection; soils
compaction testing and inspection; identification and classification testing; and asphaltic concrete testing. All such services
shall be on site of said Project located in Williamson County, Texas.
BCRUA and Consultant agree as follows:
ARTICLE 1.1 INITIAL INFORMATION
1.1.1 This Agreement is based on the following information and assumptions.
(Note the disposition for the following items by inserting the requested information or a statement such as "not applicable," "unknown at time of
execution" or "to be determined later by mutual agreement.')
1.1.2 PROJECT PARAMETERS
1.1.2.1 The objective or use is:
(Identify or describe, if appropriate, proposed use or goals.)
Objectives include, but are not limited to, obtaining consulting services from Pre -Test including providing construction
materials testing services on site of the Raw Water Pipeline, Phase One, Contract 1 Project for BCRUA.
1.1.2.2 The physical parameters are:
(identh' or describe, if appropriate, size, location, dimensions, or other pertinent information, sucl, as geotechnical reports about the site.)
1.1.2.3 BCRUA's Program is:
(Idenl by documentation or state the manner in which the program will be developed)
1.1.2.4 The legal parameters are:
(Meng& pertinent legal information, including, if appropriate, land surveys and legal descriptions and restrictions of the site)
00180639/jkg
EXHIBIT
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46.
1.1.2.5 The financial parameters are as follows:
The estimated fee for the projected cost for Pre -Test's consulting services shall be a not -to -exceed amount of
$150,000.00, comprised of the following services:
See Exhibit "A" attached hereto and incorporated herein for all appropriate purposes, the said
Exhibit "A" containing "Quotation for Testing Laboratoiy Services" attachment.
The fee shall be full compensation for all services performed and to be performed by Consultant 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. BCRUA shall pay Consultant on a "time and materials" basis, Pre -Test agrees to accept payment
from BCRUA on such basis, and the parties expressly agree that only work actually performed by Pre -Test will be paid
for by BCRUA.
• BCRUA may require the services of Pre -Test on an on-call basis as scheduled by BCRUA's representatives. Pre -
Test requests twenty-four (24) hour notifications to properly schedule work.
• No technician time or mileage expense will be charged by Pre -Test.
• Invoices shall be submitted monthly for work done in standard format acceptable to BCRUA. Invoices are due and
payable upon receipt, in accordance with Section 1.3.9.1 and Section 1.5.3 of this Agreement. The parties evidence
their understanding that this Agreement is performable in Williamson County, Texas. In the event that the State of
Texas legislates a sales tax on professional services, the amount of tax applicable will be added to the appropriate
service rate charged by Consultant.
1.1.2.6 The time parameters are:
(ldenth, if appropriate, milestone dates, durations or fast !rack scheduling.)
Thirty-six (36) months from Consultant's receipt of BCRUA's written Notice to Proceed, with no prohibition against
renewal by mutual agreement.
1.1.2.7 The proposed procurement or delivery method for the Project is:
(!denth' method such as competitive bid, negotiated contract, or construction management.)
Consulting services herein are engaged by this negotiated Agreement.
1.1.2.8 Other parameters are:
(!dentin' special characteristics or needs of the Project such as energy, environmental or historic preservation requirements)
1.1.3 PROJECT TEAM
1.1.3.1 BCRUA's Designated Representative is:
(List name, address and other h fornmtion)
Michael F. Thuss, A.E.
BCRUA Program and Construction Manager
221 East Main Street
Round Rock, Texas 78664
1.1.3.2 The persons or entity, in addition to BCRUA's Designated Representative, who is required to review
Consultant's submittals to BCRUA are:
(List name, address and other h formation)
Unknown at this time.
1.1.3.3 BCRUA's other consultants and contractors are:
(List discipline and, II -known, identh' them by name and address.)
Unknown at this time.
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1.1.3.4 Consultant's Designated Representatives are:
(List name, address and other information)
Clint Truitt
Pre -Test, Principal
Post Office Box 1014
Georgetown, Texas 78627
1.1.3.5 The consultants retained at Consultant's expense are:
(List discipline and, if known, identfr then by name and address)
1.1.4 Other important initial information is:
It is expressly understood and agreed by and between the parties hereto that any alteration in schedule, compensation and
Change in Services shall be effected only by Supplemental Agreement hereto. Any such Supplemental Agreement to
this Agreement must be duly authorized by Board action.
ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES
1.2.1 BCRUA and Consultant shall cooperate with one another to fulfill their respective obligations under this
Agreement. Both parties shall endeavor to maintain good working relationships.
1.2.2 OWNER'S RESPONSIBILITIES
1.2.2.1 Unless otherwise provided under this Agreement, BCRUA shall provide full information in a timely manner
regarding requirements for and limitations on the Project. BCRUA shall furnish to Consultant, within fifteen (15) days
after receipt of a written request, information necessary and relevant for Consultant to evaluate, give notice of or enforce
rights.
1.2.2.2 BCRUA shall establish and periodically update the budget for the Project, including that portion allocated
for the Cost of the Work, BCRUA's other costs, and reasonable contingencies related to all costs.
1.2.2.3 BCRUA's Designated Representative identified in Section 1.1.3 shall be authorized to act on BCRUA's behalf
with respect to the Project. BCRUA or BCRUA's Designated Representative shall render decisions in a timely manner
pertaining to documents submitted by Consultant in order to avoid unreasonable delay in the orderly and sequential
progress of Consultant's services.
1.2.2.4 Unless otherwise provided in this Agreement, and if requested in writing, BCRUA shall furnish or pay for
tests, inspections and reports required by law.
1.2.2.5 BCRUA shall furnish all legal, insurance and accounting services, including auditing services, that may be
reasonably necessary at any time for the Project to meet BCRUA's needs and interests.
1.2.2.6 Each party shall provide prompt written notice to the other if either becomes aware of any fault or defect in
the Project, including any errors, omissions or inconsistencies.
1.2.3 CONSULTANT'S RESPONSIBILITIES
1.2.3.1 The services performed by Consultant shall be as enumerated in Article 1.4 and as enumerated elsewhere
herein, in attached and accompanying documents, in exhibits, in supplemental documents, and in related documents.
1.2.3.2 Consultant's services shall be performed as expeditiously as is consistent with professional skill and care and
the orderly progress of the Project. Consultant shall submit for BCRUA's approval a schedule for the performance of
services which initially shall be consistent with the time periods established in this Agreement and which may be
adjusted, if necessary and approved BCRUA, as the Project proceeds. This schedule shall include allowances for periods
of time required for BCRUA's review, and for approval of submissions by authorities having jurisdiction over the
Project. Time Limits established by this schedule approved by BCRUA shall not, except for reasonable cause, be
exceeded by Consultant or BCRUA.
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1.2.3.3 Consultant, through its Designated Representative identified in Section 1.1.3.4, shall be the person authorized
to act with respect to the Project.
1.2.3.4 Consultant shall maintain the confidentiality of information specifically designated as confidential by BCRUA,
unless withholding such information would violate the law, create the risk of significant harm to the public or prevent
Consultant from establishing a claim or defense in an adjudicatory proceeding.
1.2.3.5 Except with BCRUA's knowledge and consent, Consultant shall not engage in any activity, or accept any
employment, interest or contribution that would reasonably appear to compromise Consultant's professional judgment
with respect to this Project.
1.2.3.6 Consultant shall review laws, codes, and regulations applicable to his services. Consultant shall respond in the
Project to requirements imposed by governmental authorities having jurisdiction over the Project.
1.2.3.7 Consultant shall be entitled to reasonably rely on the accuracy and completeness of services and information
furnished by BCRUA. Each party shall provide prompt written notice to the other if either becomes aware of any errors,
omissions or inconsistencies in such services or information.
ARTICLE 1.3 TERMS AND CONDITIONS
1.3.1 COST OF THE WORK
1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimated cost to
BCRUA of all elements of the Project designed or specified by Consultant.
1.3.1.2 The Cost of the Work shall be as delineated herein in Section 1.1.2.5.
1.3.2 INSTRUMENTS OF SERVICE
1.3.2.1 Drawings, reports, specifications and other documents, including those in electronic form, prepared by
Consultant are for use solely with respect to this Project. All Consultant's designs and work product under this
Agreement, completed or partially completed, shall be the property of BCRUA to be used as BCRUA desires, without
restriction on future use; by execution of this Agreement and in confirmation of the fee for services to be paid under this
Agreement, Consultant hereby conveys, transfers and assigns to BCRUA all rights under the Federal Copyright Act of
1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property
rights acknowledged by law in the Project designs and work product developed under this Agreement. Copies may be
retained by Consultant.
1.3.2.2 Upon execution of this Agreement, Consultant grants to BCRUA permission to reproduce Consultant's
Instruments of' Service for purposes of constructing, using and maintaining the Project, provided that BCRUA shall
comply with all obligations, including prompt payment of all sums when due, under this Agreement. If and upon the date
Consultant is adjudged in default of this Agreement, BCRUA is permitted to authorize other similarly credentialed
persons to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of
Service for the purposes of completing, using and maintaining the Project.
1.3.2.3 BCRUA shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to
another party without the prior written agreement of Consultant. Submission or distribution of Instruments of Service to
meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any
unauthorized use of the Instruments of Service shall be at BCRUA's sole risk and without liability to Consultant.
1.3.3 CHANGE IN SERVICES
1.3.3.1 Change in Services of Consultant may be accomplished after execution of this Agreement, without invalidating
the Agreement, if mutually agreed in writing. It is expressly understood and agreed by and between the parties hereto
that any alteration in schedule, compensation and Change in Services shall be effected only by Supplemental Agreement
hereto. Any such Supplemental Agreement to this contract must be duly authorized by Board action.
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1.3.4 MEDIATION
1.3.4.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to
mediation. If such matter relates to or is the subject of a lien arising out of Consultant's services, Consultant may
proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the
matter by mediation.
1.3.4.2 BCRUA and Consultant shall endeavor to resolve claims, disputes and other matters in question between them
by mediation. Request for mediation shall be filed in writing with the other party to this Agreement, and mediation shall
proceed in advance of legal or equitable proceedings, which shall be stayed pending mediation for a period of sixty (60)
days from the date of filing, unless stayed for a longer period by agreement of the parties or court order.
1.3.4.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place
where the Project is located, unless another location is inutually agreed upon. Agreements reached in mediation shall be
enforceable as settlement agreements in any court having jurisdiction thereof.
1.3.5 ARBITRATION
1.3.5.1 BCRUA and Consultant hereby expressly agree that no claims or disputes between BCRUA and Consultant
arising out of or relating to this Agreement or a breach hereof shall be decided by any arbitration proceeding, including,
without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Section 1-14) or any applicable state
arbitration statute, except that in the event that BCRUA is subject to an arbitration proceeding related to the Project,
Consultant consents to be joined in the arbitration proceeding if Consultant's presence is required or requested by
BCRUA for complete relief to be accorded in the arbitration proceeding.
1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES
1.3.6.1 Consultant and BCRUA waive consequential damages for claims, disputes or other matters in question arising
out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages
due to either party's termination in accordance with Section 1.3.8.
1.3.7 MISCELLANEOUS PROVISIONS
1.3.7.1 This Agreement shall be governed by the laws of the state of Texas, and venue shall lie in Williamson County,
Texas.
1.3.7.2 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to
have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial
Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final
Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of
limitations commence to run any later than the date when Consultant's services are substantially completed.
1.3.7.3 To the extent damages are covered by property insurance during construction, BCRUA and Consultant waive all
rights against each other and against the contractors, consultants, agents and employees of the other for damages, except
such rights as they may have to the proceeds of insurance as delineated between BCRUA and Contractor.
1.3.7.4 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of
a third party against either BCRUA or Consultant.
1.3.7.5 If BCRUA requests Consultant to execute certificates, the proposed language of such certificates shall be
submitted to Consultant for review at least fourteen (14) days prior to the requested dates of execution. Consultant shall
not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this
Agreement.
1.3.7.6 BCRUA and Consultant, respectively, bind themselves, their successors, assigns and legal representatives to
the other party to this Agreement and to the successors, assigns and legal representatives of such other party with respect
to all covenants of this Agreement. Neither BCRUA nor Consultant shall assign this Agreement without the written
consent of the other, except that BCRUA may assign this Agreement to an institutional lender providing financing for
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the Project. In such event, the lender shall assume BCRUA's rights and obligations under this Agreement. Consultant
shall execute all consents reasonably required to facilitate such assignment.
1.3.7.7 Consultant shall comply with all applicable federal and state laws, and with all applicable rules and regulations
promulgated by all local, state and national boards, bureaus and agencies. Consultant shall further obtain all permits and
licenses required in the performance of the personal services contracted for herein.
1.3.7.8 Consultant will pay all taxes, if any, required by law arising by virtue of the personal services performed
hereunder.
1.3.7.9 Consultant covenants and represents that it will have no financial interest, direct or indirect, in the purchase or
sale of any product, materials or equipment that will be recommended or required for the Project.
1.3.7.10 Consultant understands and agrees that time is of the essence and that any failure of Consultant to complete
the services for each portion of this Agreement within the agreed schedule will constitute a material breach of this
Agreement.
1.3.7.11 Neither BCRUA nor Consultant shall be deemed in violation of this Agreement if prevented from performing
any obligations hereunder by reasons for which it is not responsible or circumstances beyond its control. However,
notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to
mitigate its effects.
1.3.8 TERMINATION OR SUSPENSION
1.3.8.1 If BCRUA fails to make payments to Consultant in substantial compliance with this Agreement, such failure
may be considered substantial nonperformance and cause for suspension of performance of services under this
Agreement. If Consultant elects to suspend services, prior to suspension of services, Consultant shall give thirty (30)
days' written notice to BCRUA. In the event of a suspension of services, Consultant shall have no liability to BCRUA
for delay or damage caused BCRUA because of such suspension of services. Before resuming services, Consultant
shall be paid all non -disputed sums due prior to suspension. Consultant's fees for the remaining services and the time
schedules shall be equitably adjusted.
1.3.8.2 In connection with the work outlined in this Agreement, it is agreed and fully understood by Consultant that
BCRUA may cancel or indefinitely suspend further work hereunder or terminate this Agreement either for cause or for
the convenience of BCRUA, upon thirty (30) days' written notice to Consultant, with the understanding that
immediately upon receipt of said notice all work and labor being performed under this Agreement shall cease.
Consultant shall invoice BCRUA for all work satisfactorily completed and shall be compensated in accordance with the
terms of this Agreement for all work accomplished prior to the receipt of said notice. No amount shall be due for lost or
anticipated profits. All plans, field surveys, maps, cross sections and other data, designs and work related to the Project
shall become the property of BCRUA upon termination of this Agreement, and shall be promptly delivered to BCRUA
in a reasonably organized form without restriction on future use. Should BCRUA subsequently contract with another
person for continuation of services on the Project, Consultant shall cooperate in providing information.
1.3.8.3 Nothing contained in Section 1.3.8.2 shall require BCRUA to pay for any work which is unsatisfactory as
determined by BCRUA's representative or which is not submitted in compliance with the terms of this Agreement.
BCRUA shall not be required to make any payments to Consultant when Consultant is in default under this Agreement,
nor shall this section constitute a waiver of any right, at law or at equity, which BCRUA may have if Consultant is in
default, including the right to bring legal action for damages or to force specific performance of this Agreement.
1.3.9 PAYMENTS TO CONSULTANT
1.3.9.1 Payments on account of services rendered shall be made monthly upon presentation of Consultant's invoices.
No deductions shall be made from Consultant's compensation on account of penalty, liquidated damages or other sums
withheld from payments, or on account of the cost of Changes in the Work, other than those for which Consultant has
been adjudged to be liable.
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ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS
1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and integrated agreement
between BCRUA and Consultant and supersedes all prior negotiations, representations or agreements, either written or
oral. This Agreement may be amended only by written instrument signed by both BCRUA and Consultant.
1.4.1.1 Other documents as follows:
(List other documents, if any, forming part of the Agreement.)
Exhibit "A" entitled "Quotation for Testing Laboratory Services."
1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows:
ARTICLE 1.5 COMPENSATION
1.5.1 For Consultant's services as described herein, compensation shall be computed as follows:
In accordance with Section I.1.2.5 herein.
1.5.2 If the services of Consultant are changed as described in Section 1.3.3.1, the compensation may be adjusted.
Such adjustment shall be calculated in an equitable manner.
(Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees, and identh' Principals and
classh' employees, if required. Identify' specific services to which particular methods of compensation apply)
1.5.3 Payments are due and payable thirty (30) days from the date of Consultant's invoice, or not later than the time
period required under the Texas Prompt Payment Act, whichever is later. Non -disputed amounts unpaid sixty (60) days
after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing
from time to time at the principal place of business of Consultant.
(Tsert rate of interest agreed upon.)
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the
Owner's and Architect's principal places of business, the location of the ProJecl and elsewhere may affect the validity of this provision. Specific legal
advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.)
ARTICLE 1.6 INDEMNIFICATION
1.6.1 Lndemnification (Damage Claims). Consultant agrees to defend, indemnify and hold BCRUA, its officers,
agents and employees, harmless against any and all claims, lawsuits, judgments, costs and expenses for personal injury
(including death), property damage or other harm for which recovery of damages is sought, suffered by any person or
persons, that may arise out of or be occasioned by Consultant's breach of any of the terns or provisions of this
Agreement, or by any negligent act or omission of Consultant in the performance of this Agreement; except that the
indemnity provided for in this section shall not apply to any liability resulting from the sole negligence of BCRUA, its
officers, agents, employees or separate contractors, and in the event of joint and concurrent negligence of both
Consultant and BCRUA, responsibility and indemnity, if any, shall be apportioned comparatively in accordance with the
laws of the State of' Texas, without, however, waiving any governmental immunity available under Texas law and
without waiving any defenses of the parties under Texas law. The provisions of this section are solely for the benefit of
the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity.
ARTICLE 1.7 INSURANCE
1.7.1 Insurance. Consultant, at its sole cost, shall purchase and maintain during the term and entire duration of this
Agreement minimum insurance coverages in the types and amounts as follow:
A. Comprehensive General Liability Insurance with minimum Bodily Injury limits of $300,000 for each occurrence
including like coverage for acts and omissions of subcontractors and contractual liability coverage;
B. Property Damage Insurance with minimum limits of $50,000 for each occurrence including like coverage for acts
and omissions of subcontractors and contractual liability coverage.
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C. Automobile Liability Insurance for all owned, non -owned, and hired vehicles with minimum limits for Bodily Injury
of $100,000 for each person and $300,000 for each occurrence, and Property Damage minimum limits of $50,000 for
each occurrence. Consultant shall require subcontractors to provide Automobile Liability Insurance with the same
minimum limits.
1.7.2 Insurance Requirements.
(1) All insurance shall be obtained by Consultant from a company authorized to do insurance business in
Texas and otherwise acceptable to BCRUA.
(2) Consultant shall not commence work at any site under this Agreement until it has obtained all required
insurance and until such insurance has been approved by BCRUA. Consultant shall not allow any subcontractors to
commence work until all insurance required has been obtained and approved. Approval of the insurance by BCRUA
shall not relieve or decrease the liability of Consultant hereunder.
1.7.3 Insurance Polley Endorsements. Each insurance policy hereunder shall include the following conditions by
endorsement to the policy:
(1) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non -renewal or any
material change in coverage, a notice thereof shall be given to BCRUA by certified mail to:
BCRUA
221 East Main Street
Round Rock, Texas 78664
Consultant shall also notify BCRUA, within 24 hours of receipt, of any notices of expiration,
cancellation, non -renewal, or material change in coverage it receives from its insurer.
(2) Companies issuing the insurance policies shall have no recourse against BCRUA for payment of any
premiums or assessments for any deductibles which all are at the sole responsibility and risk of Consultant.
(3) The term "BCRUA" shall include all authorities, boards, commissions, departments, and officers of
BCRUA and the individual members, employees and agents thereof in their official capacities, and/or while acting on
behalf of BCRUA.
(4) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by BCRUA,
to any such future coverage, or to BCRUA's Self -Insured Retentions of whatever nature.
1.7.3 Cost of Insurance. The cost of insurance required herein to be secured and maintained by Consultant shall be
borne solely by Consultant, with certificates of insurance evidencing such coverage in force to be filed with BCRUA.
IN WITNESS WHEREOF, the Brushy Creek Regional Utility Authority has caused this Agreement to be
signed in its corporate name by its officer duly authorized to execute the same in its behalf, and by the duly authorized
representative of Pre -Test Laboratory of Central Texas, with both parties binding themselves, their successors and
assigns and legal representatives for the faithful and full performance of the terms and provisions of this Agreement.
OWNER: CONSULTANT:
BRUSHY CREEK REGIONAL UTILITY AUTHORITY PRE-TEST LABORATORY OF CENTRAL TEXAS
By: By:
Printed Name: Mitch Fuller Printed Name:
Title: President Title:
Date Signed: Date Signed:
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ATTEST:
John Cowman, Secretary
FOR BCRUA, APPROVED AS TO FORM:
Stephan L. Sheets, Attorney
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To:
Pre -Test Laboratory
P. O. Box 1014
Georgetown, TX 78627
(512) 863-8777
Austin Metro (512) 930-3881
Fax (512)-868.1230
QUOTATION FOR TESTING LABORATORY SERVICES
Brushy Creek Regional Utility Authority
221 E. Main
Round Rock, TX 78664
Pro'ect : Raw Water Pi feline, Phase One -Contract 1
Date: 12-28-09
SERVICE
FEE
CONCRETE TESTING AND INSPECTION
Mix Inspection on Jobsite
Compression Test Cylinders made in conjunction with Mix Inspection
Compression Test Cylinders, making, pick-up, curing, testing, & report. (minimum of 4 per trip)
SOILS COMPACTION TESTING AND INSPECTION
Moisture Density Curve, Proctor TEX 1 I3E
Moisture Density Curve, Proctor'FEX 1 13E with Atterberg Limit Test
In -Place Moisture Density Test (Minimum of 4 per trip)
Standby Time not attributable to Pre -Test Laboratory
IDENTIFICATION AND CLASSIFICATION TESTS
Liquid Limit
Plastic Limit
Sieve Analysis
ASPHALTIC CONCRETE TESTING
Extraction Gradation
Marshall Stability & Flow (3 per set)
Theoretic Specific Gravity
Asphaltic Concrete Coring, "Thickness, & Density
NO TECHNICIAN TIME OR MILEAGE EXPENSE CHARGED FOR THIS JOB
Approved this day of
2009
By:
Respectfully submitted
Pre -Test Labo t�'
Clint Truitt
45.00 hr.
25.00 ea.
35.00 ea.
150.00 ea.
200.00 ca.
35.00 ea.
45.00 hr.
50.00 ea.
50.00 ea.
65.00 ea.
100.00 ea.
90.00 set
65.00 ea.
65.00 ea.
1tie
EXHIBIT
PRE-TEST LABORATORY
of Central Texas
P. O. BOX 1014
GEORGETOWN, TX 78627
(512) 863-8777
(512) 930-3881
December 28, 2009
Brushy Creek Regional Utility Authority
221 E. Main Street
Round Rock, TX 78664
Attn: Mike Thuss, P.E.
Re: Exibit B: Consultants Responsibilities
BCRUA, Raw Water, Phase One -Contract 1 Geotechnical and Materials Testing Services
Pre -Test Laboratory's responsibilities for the project referenced above include but are not limited to:
1 -Gradation testing of proposed bedding gravel
2 -Moisture Density Relationships of material used for backfill of Trench lines, roadway subgrade, and
roadway base courses
3 -Field density testing of bedding, trenchline backfill, roadway subgrade, & roadway base
4 -Hot Mix Asphaltic Concrete testing
The testing shall be done at the direction of the owners or engineers representative.
Respectfully submitted
Pre -Tess 1:5-5afry
CC`int Trlifty �
12/2'9/2009 TUB 10:01 FAX 512 258 8882 Greater Texas Insurance
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ACORDof CERTIFICATE OF LIABILITY INSURANCE
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09109/2009
PRODUCER
Greater Texas Insurance
9809 Anderson Mill Road
Austin
(512) 250-5055
TX
78750
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND,
ALTER THE COVERAGE AFFORDED BY THE POL
EXTEND OR
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INSURERS AFFORDING COVERAGE
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Pre Test Laboratory of Central Texas
Clint Truitt'
P.O. Box 1014
Georgetown
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78627-
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ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
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CANCELLATION
Al 020006
Brushy Creek Regional Utility Authority
221 E Main St
Round Rock
TX 78664-
SHOULDANY OF THE ABOVE DESCRIBEDPOLICIES BE CANCELLED BEFORE THE ESP IRA DOH
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL t0 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NOOe IGADON OR LABILITY OF ANY KIND UPON THE INSURER. HS AGENTS OR
REPRESENTATNES,
AUTHORQED REPRESENTATIVE
ACORD 25 (2001/08)
,044,
® ACORD CORPORATION 1988
DATE: February 4, 2010
SUBJECT: City Council Meeting — February 11, 2010
ITEM: 8F3. Consider a resolution authorizing the Brushy Creek Regional Utility Authority
(BCRUA) to execute an Agreement for Consulting Services for Construction
Materials Testing and Geotechnical Services for the BCRUA Raw Water Pipeline,
Phase One, Contract 1 Project with Pre -Test Laboratory of Central Texas.
Department:
Staff Person:
Justification:
Water and Wastewater Utilities
Michael Thane, Director of Utilities
This consulting services agreement is for construction materials testing and geotechnical services for the
BCRUA Raw Water Pipeline, Phase One, Contract 1 project. As outlined in the agreement, the consulting
services will be conducted on site throughout the duration of the construction of the pipeline. The total cost
for this agreement is $150,000 and will be distributed to the Cities based on their allocated capacity in the
pipeline. Round Rock's allocated percentage is 38.56%, which totals $57,840 of the consulting services cost.
Strategic Plan Relevance:
Public Health and Safety Strategic Initiative
Goal No. 27.0 Ensure there is an adequate, affordable and safe water supply.
Funding:
Cost:
Source of funds:
Outside Resources:
$57,840 (Round Rock's share of the $150,000 contract)
Regional Water Fund
Pre -Test Laboratory of Central Texas
City of Cedar Park
City of Leander
Public Comment:
N/A