Contract - Terracon Consultants, Inc. - 6/28/2023BRUSHY CREEK REGIONAL UTILITY AUTHORITY
PROFESSIONAL CONSULTING SERVICES FOR
CONSTRUCTION MATERIALS TESTING SERVICES WITH
TERRACON CONSULTANTS, INC.
THIS AGREEMENT for professional consulting services related to construction
materials testing services for the Brushy Creek Regional Utility Authority Phase ID Water
Treatment Plant Expansion (the "Agreement") 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 TERRACON CONSULTANTS, INC., located at 800 Paloma Drive, Suite 150,
Round Rock, Texas 78665 (the "Consultant").
RECITALS:
WHEREAS, BCRUA has determined that there is a need for a construction material
testing services for the Brushy Creek Regional Utility Authority Phase 1 D Water Treatment
Plant Expansion; and
WHEREAS, BCRUA desires to contract for such professional services; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties and obligations hereunder;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is
mutually agreed between the parties as follows:
1.01 EFFECTIVE DATE, DURATION, AND TERM
This Agreement shall be effective on the date this Agreement has been signed by each
party hereto, and shall remain in full force and effect unless and until it expires by operation of
the term indicated herein, or is terminated or extended as provided herein.
The term of this Agreement shall be until full and satisfactory completion of the work
specified herein is achieved.
BCRUA reserves the right to review the Agreement at any time, and may elect to
terminate the Agreement with or without cause or may elect to continue.
4889-0377-3547rss2
2.01 PROPOSAL FOR SERVICES
Consultant has issued its proposal for
proposal for services being attached hereto a
document is incorporated herein for all purposes.
3.01 SCOPE OF SERVICES
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services for the tasks delineated therein, such
Exhibit "A" titled "Scope of Work," which
Consultant shall satisfactorily provide all services described herein and as set forth in
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.
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 Consultant shall not undertake work that is beyond the Scope of Work set forth
in 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.
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," which document is attached
hereto and incorporated herein for all purposes, in payment for services and the Scope of
Services deliverables as delineated in Exhibit "A."
Not -to -Exceed Total Payment for Services: Consultant's total compensation for
consulting services hereunder shall not exceed Seventy -Eight Thousand Six Hundred Thirty
and No/100 ($78,630.00). This amount represents the absolute. limit of BCRUA's liability to
Consultant hereunder unless same shall be changed by Supplemental Agreement, and BCRUA
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.
6.01 INVOICE REQUIREMENTS; TERMS OF PAYMENT
Invoices: To receive payment, Consultant shall prepare and submit detailed invoices to
the BCRUA, in accordance with the delineation contained herein, for services rendered. Such
invoices for professional services shall track the referenced Scope of Work, and shall detail the
services performed, along with documentation for each service performed. Payment to
Consultant shall be made on the basis of the invoices submitted by Consultant and approved by
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the BCRUA. Such invoices shall conform to the schedule of services and costs in connection
therewith.
Should additional backup material be requested by the BCRUA relative to service
deliverables, Consultant shall comply promptly. In this regard, should the BCRUA determine it
necessary, Consultant shall make all records and books relating to this Agreement available to
the BCRUA for inspection and auditing purposes.
Payment of Invoices: The BCRUA reserves the right to correct any error that may be
discovered in any invoice that may have been paid to Consultant and to adjust same to meet the
requirements of this Agreement. Following approval of an invoice, the BCRUA shall endeavor
to pay Consultant promptly, but no later than the time period required under the Texas Prompt
Payment Act described in Section 7.01 herein. Under no circumstances shall Consultant be
entitled to receive interest on payments which are late because of a good faith dispute between
Consultant and the BCRUA or because of amounts which the BCRUA has a right to withhold
under this Agreement or state law. The BCRUA shall be responsible for any sales, gross receipts
or similar taxes applicable to the services, but not for taxes based upon Consultant's net income.
7.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by the BCRUA to Consultant will be made within thirty (30) days of the date the BCRUA
receives goods under this Agreement, the date the performance of the services under this
Agreement are completed, or the date the BCRUA receives a correct invoice for the goods or
services, whichever is later. Consultant may charge interest on an overdue payment at the "rate
in effect" on September I of the fiscal year in which the payment becomes overdue, in
accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt
Payment Policy does not apply to payments made by the BCRUA in the event:
(a) There is a bona fide dispute between the BCRUA and Consultant, a
contractor, subcontractor, or supplier about the goods delivered or the service
performed that cause the payment to be late; or
(b) There is a bona fide dispute between Consultant and a subcontractor or
between a subcontractor and its supplier about the goods delivered or the
service performed that causes the payment to be late; or
(c) The terms of a federal contract, grant, regulation, or statute prevent the
BCRUA from making a timely payment with federal funds; or
(d) The invoice is not mailed to the BCRUA in strict accordance with any
instruction on the purchase order relating to the payment.
8.01 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of the BCRUA's current revenues only. It is understood
and agreed that the BCRUA shall have the right to terminate this Agreement at the end of any
BCRUA fiscal year if the governing body of the BCRUA does not appropriate funds sufficient to
purchase the services as determined by the BCRUA's budget for the fiscal year in question. The
BCRUA may effect such termination by giving Consultant a written notice of termination at the
end of its then current fiscal year.
9.01 SUPPLEMENTAL AGREEMENT
The terms of this Agreement may be modified by written Supplemental Agreement
hereto, duly authorized by BCRUA Council or by the BCRUA Manager, if the BCRUA
determines that there has been a significant change in (1) the scope, complexity, or character of
the services to be performed; or (2) the duration of the work. Any such Supplemental
Agreement must be executed by both parties within the period specified as the term of this
Agreement. Consultant shall not perform any work or incur any additional costs prior to the
execution, by both parties, of such Supplemental Agreement. Consultant shall make no claim for
extra work done or materials furnished unless and until there is full execution of any
Supplemental Agreement, and the BCRUA shall not be responsible for actions by Consultant nor
for any costs incurred by Consultant relating to additional work not directly authorized by
Supplemental Agreement.
10.01 TERMINATION; DEFAULT
Termination: It is agreed and understood by Consultant that the BCRUA may terminate
this Agreement for the convenience of the BCRUA, upon thirty (30) days' written notice to
Consultant, with the understanding that immediately upon receipt of said notice all work being
performed under this Agreement shall cease. Consultant shall invoice the BCRUA for work
satisfactorily completed and shall be compensated in accordance with the terms hereof for work
accomplished prior to the receipt of said notice of termination. Consultant shall not be entitled to
any lost or anticipated profits for work terminated under this Agreement. Unless otherwise
specified in this Agreement, all data, information, and work product related to this project shall
become the property of the BCRUA upon termination of this Agreement, and shall be promptly
delivered to the BCRUA in a reasonably organized form without restriction on future use.
Should the BCRUA subsequently contract with a new consultant for continuation of service on
the project, Consultant shall cooperate in providing information.
Termination of this Agreement shall extinguish all rights, duties, and obligations of the
BCRUA and the terminated party to fulfill contractual obligations. Termination under this
section shall not relieve the terminated party of any obligations or liabilities which occurred prior
to termination.
Nothing contained in this section shall require the BCRUA to pay for any work which it
deems unsatisfactory or which is not performed in compliance with the terms of this Agreement.
Default: Either party may terminate this Agreement, in whole or in part, for default if
the Party provides the other Party with written notice of such default and the other fails to
satisfactorily cure such default within ten (10) business days of receipt of such notice (or a
greater time if agreed upon between the Parties).
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If default results in termination of this Agreement, then the BCRUA shall give
consideration to the actual costs incurred by Consultant in performing the work to the date of
default. The cost of the work that is useable to the BCRUA, the cost to the BCRUA of
employing another firm to complete the useable work, and other factors will affect the value to
the BCRUA of the work performed at the time of default. Neither party shall be entitled to any
lost or anticipated profits for work terminated for default hereunder.
The termination of this Agreement for default shall extinguish all rights, duties, and
obligations of the terminating Party and the terminated Party to fulfill contractual obligations.
Termination under this section shall not relieve the terminated party of any obligations or
liabilities which occurred prior to termination.
Nothing contained in this section shall require the BCRUA to pay for any work which it
deems unsatisfactory, or which is not performed in compliance with the terms of this Agreement.
11.01 NON -SOLICITATION
All parties agree that they shall not directly or indirectly solicit for employment, employ,
or otherwise retain staff of the other during the term of this Agreement.
12.01 BCRUA'S RESPONSIBILITIES
Consultant's performance requires receipt of all requested information reasonably
necessary to provision of services. Consultant agrees, in a timely manner, to provide BCRUA
with a comprehensive and detailed information request list, if any.
13.01 INDEPENDENT CONTRACTOR STATUS
Consultant is an independent contractor, and is not the BCRUA's employee. Consultant's
employees or subcontractors are not the BCRUA's employees. This Agreement does not create a
partnership, employer -employee, or joint venture relationship. No party has authority to enter
into contracts as agent for the other party. Consultant and the BCRUA agree to the following
rights consistent with an independent contractor relationship:
(1) Consultant has the right to perform services for others during the term hereof.
(2) Consultant has the sole right to control and direct the means, manner and method
by which it performs its services required by this Agreement.
(3) Consultant has the right to hire assistants as subcontractors, or to use employees
to provide the services required by this Agreement.
(4) Consultant or its employees or subcontractors shall perform services required
hereunder, and the BCRUA shall not hire, supervise, or pay assistants to help
Consultant.
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(5) Neither Consultant nor its employees or subcontractors shall receive training from
the BCRUA in skills necessary to perform services required by this Agreement.
(6) BCRUA shall not require Consultant or its employees or subcontractors to devote
full time to performing the services required by this Agreement.
(7) Neither Consultant nor its employees or subcontractors are eligible to participate
in any employee pension, health, vacation pay, sick pay, or other fringe benefit
plan of the BCRUA.
14.01 CONFIDENTIALITY; MATERIALS OWNERSHIP
Any and all programs, data, or other materials furnished by the BCRUA for use by
Consultant in connection with services to be performed under this Agreement, and any and all
data and information gathered by Consultant, shall be held in confidence by Consultant as set
forth hereunder. Each party agrees to take reasonable measures to preserve the confidentiality of
any proprietary or confidential information relative to this Agreement, and to not make any use
thereof other than for the performance of this Agreement, provided that no claim may be made
for any failure to protect information that occurs more than three (3) years after the end of this
Agreement.
The parties recognize and understand that the BCRUA is subject to the Texas
Public Information Act and its duties run in accordance therewith.
All data relating specifically to the BCRUA's business and any other information which
reasonably should be understood to be confidential to BCRUA is confidential information of
BCRUA. Consultant's proprietary software, tools, methodologies, techniques, ideas,
discoveries, inventions, know-how, and any other information which reasonably should be
understood to be confidential to Consultant is confidential information of Consultant. The
BCRUA's confidential information and Consultant's confidential information is collectively
referred to as "Confidential Information." Each party shall use Confidential Information of the
other party only in furtherance of the purposes of this Agreement and shall not disclose such
Confidential Information to any third party without the other party's prior written consent, which
consent shall not be unreasonably withheld. Each party agrees to take reasonable measures to
protect the confidentiality of the other party's Confidential Information and to advise their
employees of the confidential nature of the Confidential Information and of the prohibitions
herein.
Any and all materials created and developed by Consultant in connection with services
performed under this Agreement, including all trademark and copyright rights, shall be the sole
property of BCRUA at the expiration of this Agreement.
15.01 WARRANTIES
Consultant represents that all services performed hereunder shall be performed consistent
with generally prevailing professional or industry standards, and shall be performed in a
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professional and workmanlike manner. Consultant shall re -perform any work no in compliance
with this representation.
16.01 LIMITATION OF LIABILITY
Should any of Consultant's services not conform to the requirements of the BCRUA or of
this Agreement, then and in that event the BCRUA shall give written notification to Consultant;
thereafter, (a) Consultant shall either promptly re -perform such services to the BCRUA's
satisfaction at no additional charge, or (b) if such deficient services cannot be cured within the
cure period set forth herein, then this Agreement may be terminated for default.
In no event will Consultant be liable for any loss, damage, cost or expense attributable to
negligence, willful misconduct or misrepresentations by the BCRUA, its directors, employees or
agents.
In no event shall Consultant be liable to the BCRUA, by reason of any act or omission
relating to the services provided under this Agreement (including the negligence of Consultant),
whether a claim be in tort, contract or otherwise, (a) for any consequential, indirect, lost profit,
punitive, special or similar damages relating to or arising from the services, or (b) in any event,
in the aggregate, for any amount in excess of the total professional fees paid by the BCRUA to
Consultant under this Agreement, except to the extent determined to have resulted from
Consultant's gross negligence, willful misconduct or fraudulent acts relating to the service
provided hereunder.
17.01 INDEMNIFICATION
Consultant agrees to hold harmless and indemnify BCRUA, its officers, agents, directors,
servants, representatives and employees, from and against any and all suits, actions, legal
proceedings, demands, costs, expenses, losses, damages, fines, penalties, liabilities and claims of
any character, type, or description, including but not limited to any and all expenses of litigation,
court costs, reasonable attorneys' fees and all other costs and fees to the extent caused by
Consultant's negligent performance of professional services under this Agreement and that of its
subconsultants or anyone for whom the Consultant is legally liable.
To the extent allowable by law, BCRUA agrees to hold harmless and indemnify
Consultant, its officers, agents, directors, servants, representatives and employees, from and
against any and all suits, actions, legal proceedings, demands, costs, expenses, losses, damages,
fines, penalties, liabilities and claims of any character, type, or description, including but not
limited to any and all expenses of litigation, court costs, reasonable attorneys' fees and all other
costs and fees to the extent caused by BCRUA's negligence.
18.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party may
assign any rights or delegate any duties under this Agreement without the other party's prior
written approval, which approval shall not be unreasonably withheld.
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19.01 LOCAL, STATE AND FEDERAL TAXES
Consultant shall pay all income taxes, and FICA (Social Security and Medicare taxes)
incurred while performing services under this Agreement. The BCRUA will not do the
following:
(1) Withhold FICA from Consultant's payments or make FICA payments on its
behalf;
(2) Make state andior federal unemployment compensation contributions on
Consultant's behalf: or
(3) Withhold state or federal income tax from any of Consultant's payments.
If requested, the BCRUA shall provide Consultant with a certificate from the Texas State
Comptroller indicating that the BCRUA is a non-profit corporation and not subject to State of
Texas Sales and Use Tax.
20.01 COMPLIANCE WITH LAWS
A. Consultant, its consultants, agents, employees and subcontractors shall use best
efforts to comply with all applicable federal and state laws, statutes, codes, ordinances, and with
all applicable rules and regulations promulgated by local, state and national boards, bureaus and
agencies. Consultant shall further obtain all permits, licenses, trademarks, or copyrights, if
required in the performance of the services contracted for herein, and same shall belong solely to
the BCRUA at the expiration of the term of this Agreement.
B. In accordance with Chapter 2271, Texas Government Code, a governmental entity
may not enter into a contract with a company for goods and services unless the contract contains
written verification from the company that it: (1) does not boycott Israel; and (2) and will not
boycott Israel during the term of the contract. The signatory executing this Agreement on behalf
of Consultant verifies that Consultant does not boycott Israel and will not boycott Israel during
the term of this Agreement.
C. In accordance with 2274, Texas Government Code, a governmental entity may
not enter into a contract with a company with at least ten (10) full-time employees for value of at
least One Hundred Thousand and No,' 100 Dollars ($100,000.00) unless the contract has a
provision in the contract verifying that it: (1) does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association; and (2) will not
discriminate during the term of the contract against a firearm entity or firearm trade association.
The signatory executing this Contract on behalf of the Consultant verifies Consultant does not
have a practice, policy, guidance, or directive that discriminates against a firearm entity or
firearm trade association, and it will not discriminate during the term of this Contract against any
firearm entity or firearm trade association.
D. In accordance with 2274, Texas Government Code, a governmental entity may
not enter into a contract with a company with at least ten (10) full-time employees for a value of
at least One Hundred Thousand and No, 100 Dollars ($100,000.00) unless the contract has a
provision in the contract verifying that it: (1) does not boycott energy companies; and (2) will not
boycott energy companies during the term of this Contract. The signatory executing this
Contract on behalf of Consultant verifies Consultant does not boycott energy companies, and it
will not boycott energy companies during the term of this Contract.
21.01 FINANCIAL INTEREST PROHIBITED
Consultant covenants and represents that Consultant, its officers, employees, agents,
consultants and subcontractors 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 hereunder.
22.01 DESIGNATION OF REPRESENTATIVES
The BCRUA hereby designates the following representative authorized to act in its behalf
with regard to this Agreement:
Karen Bondy
General Manager
221 East Main Street
Round Rock, TX 78664
kbondy@bcrua.org
23.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
(1) When delivered personally to recipient's address as stated herein; or
(2) Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Consultant:
Terracon Consultants, Inc.
800 Paloma Drive, Suite 150
Round Rock, Texas 78665
Notice to BCRUA:
Brushy Creek Regional Utility Authority
221 East Main Street
Round Rock, TX 78664
Nothing contained in this section shall be construed to restrict the transmission of routine
communications between representatives of the BCRUA and Consultant.
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24.01 INSURANCE
Consultant shall meet all BCRUA's Insurance Requirements as evidenced in Exhibit "B,"
"Certificate of Insurance," attached hereto and referenced herein for all purposes.
25.01 APPLICABLE LAW AND ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall
be governed by and construed in accordance with the laws and court decisions of Texas.
26.01 EXCLUSIVE AGREEMENT
The terms and conditions of this Agreement, including exhibits, constitute the entire
agreement between the parties and supersede all previous communications, representations, and
agreements, either written or oral, with respect to the subject matter hereof. The parties
expressly agree that, in the event of any conflict between the terms of this Agreement and any
other writing, this Agreement shall prevail. No modifications of this Agreement will be binding
on any of the parties unless acknowledged in writing by the duly authorized governing body or
representative for each party.
27.01 DISPUTE RESOLUTION
The BCRUA and Consultant hereby expressly agree that no claims or disputes between
the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any
arbitration proceeding, including without limitation, any proceeding under the Federal
Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute.
28.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion of provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion of
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this Article shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
29.01 STANDARD OF CARE
Consultant represents that it is specially trained, experienced and competent to perform
all of the services, responsibilities and duties specified herein and that such services,
responsibilities and duties shall be performed, whether by Consultant or designated
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subconsultants, in a manner acceptable to the BCRUA and according to generally accepted
business practices.
30.01 GRATUITIES AND BRIBES
BCRUA, may by written notice to Consultant, cancel this Agreement without incurring
any liability to Consultant if it is determined by BCRUA that gratuities or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Consultant or its agents or
representatives to any BCRUA Officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Consultant may be subject to penalties stated in
Title 8 of the Texas Penal Code.
31.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure an anticipatory repudiation of this Agreement.
32.01 MISCELLANEOUS PROVISIONS
Time is of the Essence. Consultant agrees that time is of the essence and that any failure
of Consultant to complete the services for each phase of this Agreement within the agreed
project schedule may constitute a material breach of this Agreement. Consultant shall be fully
responsible for its delays or for failures to use reasonable efforts in accordance with the terms of
this Agreement. Where damage is caused to BCRUA due to Consultant's failure to perform in
these circumstances, BCRUA may withhold, to the extent of such damage, Consultant's
payments hereunder without a waiver of any of BCRUA's additional legal rights or remedies.
BCRUA shall render decisions pertaining to Consultant's work promptly to avoid unreasonable
delays in the orderly progress of Consultant's work.
Force Majeure. Notwithstanding any other provisions hereof to the contrary, no failure,
delay or default in performance of any obligation hereunder shall constitute an event of default
or breach of this Agreement, only to the extent that such failure to perform, delay or default
arises out of causes beyond control and without the fault or negligence of the party otherwise
chargeable with failure, delay or default; including but not limited to acts of God, acts of public
enemy, civil war, insurrection, riots, fires, floods, explosion, theft, earthquakes, natural disasters
or other casualties, strikes or other labor troubles, which in any way restrict the performance
under this Agreement by the parties.
Section Numbers. The section numbers and headings contained herein are provided for
convenience only and shall have no substantive effect on construction of this Agreement.
Waiver. No delay or omission by either party in exercising any right or power shall
impair such right or power or be construed to be a waiver. A waiver by either party of any of the
covenants to be performed by the other or any breach thereof shall not be construed to be a
waiver of any succeeding breach or of any other covenant. No waiver of discharge shall be valid
unless in writing and signed by an authorized representative of the party against whom such
waiver or discharge is sought to be enforced.
Multiple Counterparts. This Agreement may be executed in multiple counterparts,
which taken together shall be considered one original. The BCRUA agrees to provide
Consultant with one fully executed original.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
hereafter indicated.
Brushy Creek Regigt�aWtility Authority
By:
Printed N
Titlff`
Date Sign
For BCRUA, Approved as to Form:
By:C4 6-A7fc---4.t I
Step an ITSeets, BCRUA Attorney
Terracon Consultants, Inc.
By:qez-d-z7g.. xecZZ4'
Printed Na e: Jesse M. Kocher
Title: Senior Principal/Office Manager
Date Signed: June 26, 2023
Exhibit "A"
ferracon
June 7, 2023
Brushy Creek Regional Utility Authority
221 East Main Street
Round Rock, Texas 78664
Attn: Ms, Karen Bondy / General Manager
P: (512) 688-0475
E: kbondyroundrocktexas.gov
Re; Construction Materials Observation and Testing Services
BCRUA Phase 1D Water Treatment Plant Expansion
1906 Hur Industrial Boulevard
Cedar Park, Texas 78613
Terracon Consultants Inc. Proposal No. PAC231072
Dear Ms. Bondy,
800 Paloma Drive, Suite 150
Round Rock, Texas 78665
P (512) 628-6200
F (512) 442-1181
Terracon,com
Thank you for selecting Terracon Consultants, Inc. to provide Construction Materials Testing and
Observation Services for the BCRUA Phase 1D Water Treatment Plant Expansion project. This proposal
outlines our understanding of the scope of services to be provided by Terracon and includes unit fees
for services we anticipate will be required for this project.
A. PROJECT INFORMATION
The proposed project is to include the
construction of a new treatment structure,
sludge thickener, and two new raw water
head tanks, along with various improvements
throughout the plant.
Terracon Projects within a 1-mile
radius of the mject site
Exhibit "A"
Proposal for Materials Observation and Testing Services
BCRUA Phase 1 D Water Treatment Plant Expansion ■ Cedar Park, Texas Terracon
June 7 2023 a, Proposal No. PAC231072
As you can see from the above map, Terracon has experience near the project area.
Terracon prepared a scope of construction testing based our experience with similar size and type
projects, available information, as well as review of the following documents:
s Civil Drawings:
" Structural Drawings:
* Contractors Schedule:
B. SCOPE OF SERVICE
Walker Partners (dated 02/15/2023)
Freese and Nichols (dated 01/12/2023)
Not Provided
Our anticipated scope of services for construction materials observation and testing will include the
following field services identified in Chapter 17 of the 2015 issue of the International Building Code (IBC)
and services that are not in the IBC:
■ Concrete Construction (Section 1705.3)
* Soils (Section 1705.6)
* Asphalt Observation/Testing (this is not an IBC special inspection item)
These services are described in greater detail in Exhibit B "Proposed Scope of Services for Construction
Materials Observation and Testing" and includes project management. Our proposed scope of services
and cost estimate are included in Exhibit C.
Terracon recommends the scope of work described in this proposal be reviewed by the design team
prior to the start of construction and subsequently provided to the person(s) who will be responsible for
scheduling our services. If the design team believes we need to increase or decrease our scope of
services / trip frequency, we would be happy to work with you in developing a scope and cost estimate
to address the requested scope changes.
C. COMPENSATION
Based on our review of the construction plans and provided quantities in the RFQ document from the
owner (BCRUA), along with our experience with similar type construction projects, our fee estimate to
provide the proposed scope of services is $78,630.
Charges for our services will be based on the quantities of services provided and the unit rates shown
on the attached "Exhibit C." Additional services may be requested (but are not included in the attached
cost estimate) can be provided at the unit fees shown in the attached "Schedule of Services and Fees".
The actual cost of our services will be determined by the construction schedule and the quantity of
services provided.
For billing purposes, Terracon assumes that:
Your designated scheduling representative will make good effort to provide clear notification to
Terracon for the desired on -site arrival time of our technicians to perform the requested
observation / testing services at least 24 hours (1 business day) for all trips made for the
Explore with us 2
Exhibit "A"
Proposal for Materials Observation and Testing Services
BCRUA Phase 10 Water Treatment Plant Expansion Cedar Park, Texas
June 7, 2023 Proposal No. PAC231072 wdierracon
performance of testing/inspection prior to the desired on -site arrival time of our technicians to
perform the requested observation / testing services (this is so we may schedule qualified
personnel trained in the appropriate discipline), and
The material(s) requested to be observed / tested are actually ready to be observed / tested
upon our technician's arrival to the site (this is to eliminate / reduce any standby / equipment
delay / etc. charges which could be incurred if the materials requested to be observed / tested
are, in fact, not ready upon our technician's arrival to the site).
Please note that we will only be on -site as you or your representative schedules our services,
and as our cost for services are most dependent on the contractor's schedule, our costs may very
accordingly. Any and all additional services outside of the scope listed in Section B of this proposal will
be billed according to the attached fee schedule.
Site Access and Safety. Client shall secure all necessary site related approvals, permits, licenses, and
consents necessary to commence and complete the Services and will execute any necessary site access
agreement. Consultant will be responsible for supervision and site safety measures for its own
employees, but shall not be responsible for the supervision or health and safety precautions for any
third parties, including Client's contractors, subcontractors, or other parties present at the site. In
addition, Consultant retains the right to stop work without penalty at any time Consultant
believes it is in the best interests of Consultant's employees or subcontractors to do so.
D. AUTHORIZATION
We understand that authorization for these services will be provided by execution of an Agreement
which will be issued by the Brushy Creek Regional Utility Authority. This proposal with scope of services
and fee schedule will be incorporated as part of the agreement.
We appreciate the opportunity to provide this proposal and look forward to working with you and the
rest of the project team.
Sincerely,
Terracon Consultants, Inc.
(Firm Registration: TX F3272)
Kevin W. Luidhardt, E.T.T.
Department Manager, Construction Services
KWL/JMK
Attachments
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Jesse M. Kocher, P.E. / Senior Principal
Office Manager, Construction Services
Exhibit "A"
Proposal for Materials Observation and Testing Services
BCRUA Phase 1 D Water Treatment Plant Expansion u Cedar Park, Texas
June 7, 2023 - Proposal No. PAC231072 61 Terracon
EXHIBIT B
PROPOSED SCOPE OF SERVICES FOR
CONSTRUCTION MATERIALS OBSERVATION AND TESTING
BCRUA PHASE 1D WATER TREATMENT PLANT EXPANSION
TERRACON PROPOSAL NO. PAC231072
The proposed scope of services provided by Terracon is described below. The purpose of these services
is to observe various components of the construction and conduct specific tests to determine whether
the materials and construction comply with the project requirements. These services are designed to
provide a level of quality assurance (QA) for the client and are not intended to replace quality control
tests and procedures required by the contractors and their suppliers. Terracon requires a complete set
of construction plans and specifications approved for construction and any addenda or revisions
approved during the construction process that would affect the construction related to the requested QA
services.
If additional services are needed to comply with the construction documents or the government entity
for special inspection requirements, Terracon should be contacted and requested to modify our proposed
scope and estimated cost. The contractor has the responsibility to be familiar with the project
requirements and to contact Terracon a minimum of 24 hours (one business day) prior to the time our
services will be required. Terracon is not responsible for providing specified services if the client does
not authorize Terracon to provide the services or if the contractor does not provide adequate notification
for our scheduling purposes.
Terracon provides construction materials testing and observation services for a majority of the items
required by the international building code and government entities. A brief summary of the scope of
services that Terracon provides (when authorized and requested) for the special inspection items is
provided below. This scope is based on the International Building Code special inspection requirements
with some modifications.
Terracon will provide construction observations and testing services requested by the client as described
in our "Scope of Services" in general accordance with the normal standard of care. Our scope of services
does not include any design, design review, construction safety, trench safety, construction supervision,
or construction management services. Terracon personnel do not have the responsibility or authority
to stop the contractor's work, or to accept or reject any construction materials or workmanship, even if
they do not comply with the project requirements.
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Exhibit "A"
Proposal for Materials Observation and Testing Services
BCRUA Phase 1 D Water Treatment Plant Expansion Cedar Park Texas Terracon
June 7, 2023 Proposal No. PAC231072 j
EXHIBIT B
PROPOSED SCOPE OF SERVICES FOR
CONSTRUCTION MATERIALS OBSERVATION AND TESTING
BCRUA PHASE 1D WATER TREATMENT PLANT EXPANSION
TERRACON PROPOSAL NO. PAC231072
1. Concrete (Section 1705.3) - The Terracon scope of services includes sampling concrete and
conducting slump and concrete compressive strength tests. Terracon personnel do not have
the authority / responsibility to accept or reject concrete even if it does not comply with the
project specifications. Terracon will typically make 4-inch diameter, 8-inch high cylinders for
compressive strength testing whenever the aggregate size allows; however, 6-inch diameter,
12-inch high cylinders will be used when larger aggregate is used in the concrete or when
requested by the client (6"x12" cylinder rate will be used). We will rely on the contractor or his
concrete supplier to provide adequate facilities for initial (and field) curing of test cylinders as
required by ASTM C 31 test procedures. The Terracon scope of services does not include plastic
unit weight testing of concrete.
The Terracon scope of services does not include plastic unit weight testing of concrete continuous
observation of concrete placement for proper application techniques, periodic observation of the
maintenance of specified curing temperatures and/or techniques for constructed structures,
review of the erection procedures and temporary bracing for precast concrete members or
verification of in -situ concrete strength prior to removal of shores and forms.
2. Soils (Section 1705.6) -- The Terracon scope of services includes sampling and testing of soils,
periodic observation of earthwork operations, and moisture -density testing of subgrade and
compacted fills.
The Terracon scope of services does not include verification of the use of proper materials,
densities and lift thicknesses during placement and compaction of compacted fill on a continuous
basis. The Terracon scope of services also excludes sampling, testing and evaluation of
materials below shallow foundations to determine whether they are adequate to achieve the
design bearing capacity. The adequacy of shallow footing subgrade soils will be based on
recommendations in the geotechnical engineering report (or structural engineer's notes if a
geotechnical engineering report is not provided) and visual observations of the foundation
excavation bottom.
3. Asphalt - This is not an IBC special inspection item. The Terracon scope of services includes
observation of the asphalt paving operations, sampling asphalt and conducting laboratory tests.
These services may be provided on a part-time or full-t;me basis as authorized by the client.
4. Project Management - Terracon project management services include report review, data
interpretation and signature; coordination with technicians and contractor personnel;
participation in construction meetings when requested; preparation of budget status reports and
invoices; and other related services to facilitate communication and coordination between the
Terracon technicians and the contractor's personnei
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Exhibit "A"
Proposal for Materials Observation and Testing Services
BCRUA Phase 1 D Water Treatment Piant Expansion &; Cedar Park, Texas �erracon
June 7, 2023 � Proposal No PAC231072
EXHIBIT C
COST ESTIMATE FOR
CONSTRUCTION MATERIALS OBSERVATION AND TESTING
SCRUA PHASE ID WATER TREATMENT PLANT EXPANSION
TERRACON PROPOSAL NO. PAC231072
Earthwork Observation & Testing
Structures
SoiisTechnic-an
$
70.00
3
hours
16
48
$
3,360.00
Standard Proctor
$
240.00
3
tests
1
3
$
720.00
Tx 113-E
$
325.00
1
tests
1
1
$
325.00
Oversized ParticleCarrection
$
50.00
3
tests
1
3
$
150.00
Atterberg Limits Determination (3 pt.)
$
90.00
4
tests
1
4
$
360.00
Sieve/Gradation (Soil)
$
140.00
4
tests
1
4
$
560.00
Vehinie Charge (Travel)
$
60.00
1
trips
16
16
$
960.00
Nuclear Gauge Field Densities
$
22.00
125
tests
1
125
$
2,750.00
Sub Total
$
9,285.00
Utility Trench Backflll
So Is Technic an
$
70.00
3
hours
5
15
$
1,050.00
Vehi, a Charge (Travel)
$
60.00
1
trips
S
S
$
300.00
Nuclear Gaugp Field Densities
$
22.00
$0
tests
1
50
$
1,100.00
Sub Total
$
2,450.00
General Fill / Flex Base
Soils Technician
$
70.00
1
hours
12
36
$
2.520.00
Tx-113-E
$
325.00
1
tests
1
1
$
325.00
Atterberg Lim1t5 Determinaton (3 pt.)
$
90.00
4
tests
1
4
$
360.00
Sieve/Gradation (Soil)
$
140.00
1
tests
1
1
$
140.00
Vehicle Charge (T(avel)
$
60.00
1
trips
12
12
$
720.00
Nuclear Gauge Field Densities
$
22.00
65
tests
1
65
$
1,430.D0
Sub Total
$
5,495,00
Pre -Cast Vaults
Soils Technician
$
70.00
3
hours
2
6
$
420.00
Vehicle Charge (Travel)
$
60.00
1
trips
2
2
$
120.00
Nuclear Gauge Field Densities
$
22.00
S
tests
1
S
$
110.00
Sub Total
$
650.00
Concrete Observation & Testing
Structures
Concrete Technician
$
65.00
S
hours
28
140
$
9,100.00
Concrete Technician OT
$
97.50
3
hours
28
84
$
8,190.00
Compressive Strength of 4" x 8" Cylinder
$
22.00
550
tests
1
550
$
12,100.00
Vehicle Charge (Travel)
$
60.00
1
trips
28
28
$
1,680.00
Sub Total
$
31,070.00
#towable Fill
Concrete Technician
$
65.00
3
hours
.5
=5
$
975.00
Compressive Strength of 4" x 8" Cylinder
$
22.00
2S
tests
_
2S
$
550.00
Vehicle Charge (Travel)
$
60.00
1
trips
5
5
$
300.00
Sub Total
$
1,825.00
Prestressed Concrete Tanks
Concrete Technician
$
65.00
3
hours
S
15
S
975.00
Compressive Strength of 4" x 8" Cylinder
$
22.00
100
tests
1
100
$
2,200.00
Compressive Strength Shotcrete Cores
$
50.00
45
tests
1
45
S
2,250.00
Vehicle Charge (Travel)
$
60.00
1
trips
5
5
$
300.00
Sub Total
$
5,725.00
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Exhibit "A"
Proposal for Materials Observation and Testing Services
BCRUA Phase 1 D Water Treatment Plant Expansion ■ Cedar Park, Texas t'erracon
June 7. 2023 m Proposal No. PAC231072
EXHIBIT C
COST ESTIMATE FOR
CONSTRUCTION MATERIALS OBSERVATION AND TESTING
BCRUA PHASE 1D WATER TREATMENT PLANT EXPANSION
TERRACON PROPOSAL NO. PAC231072
Paving/Site Concrete
Concrete Technician
$
65.00
5
hours
2
10
$
650.00
Concrete Technician OT
$
97.50
4
hours
2
8
$
780.00
Compressive Strength of 4" x 8" Cylinder
$
22.00
25
tests
1
25
$
550.00
Vehicle Charge (Travel)
$
60.00
1
trips
2
2
$
120,00
Sub Total
$
2,100.00
Sample Pickup
Sample Pick -Up
$
65.00
2
hours
15
30
$
1,950.00
Vehicle Charge (Travel)
$
60.00
1
trips
15
15
$
900.00
Sub Total
$
2,850.00
Asphalt Observations & Testing
Asphalt Coring Crew
$
140.00
3
hours
6
18
$
2,520.00
Extraction (includes gradation)
$
200.00
5
tests
1
5
$
1,000.00
Marshall Density, Set of 3 samples
$
125.00
5
tests
1
5
$
625.00
Theoretical Maximum Specific Gravity
$
75.00
5
tests
1
5
$
375.00
Core Density (field cut)
$
70.00
5
tests
1
5
$
350.00
Vehicle Charge (Travel)
$
60.00
1
trips
6
6
$
360.00
Coring Equipment
$
150.00
6
days
1
6
$
900.00
Sub Total
$
6,130.00
Project Management / Administration
Project Manager
$
150.00
65
hours
1
65
$
9,750.00
Administration
$
70.00
20
hours
1
20
$
1,400.00
Sub Total
$
11,150.00
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Exhibit ""
Proposal for Materials Obaervalion and Tea19ng Services
BCRUA Phase 101 aW Treatment Plard anion ■ Color Park, Texas
June 7, 2023 r ProMal No. PAC231072 wferracon
SCHEDULE OF SERVICES AND FEES
CONSTRUCTION MATERIALS ENGINEERING
Principal, Officer, per hour.............................................................................................. $200.00
Senior Engineer I Manager, per hour ............................. .......................... ......................... $170,00
Project Engineer j Manager, per hour ................................... ......... h.................................. $150.00
Administrative, per hour.................................................................................................. $70.00
Sarre day Service Request Fee...................................................................................... $100.00
Professional Engineer Stamped Letters*, each..... S 3 25.00
*]ncludes Final letters, Pad Letters, Foundation Letters, Conformance Letters, Recommendation Letters
Transoortation
Vehicle, per trip................................................................................................ . $60,Do
A fuel sorcharge may be added If fuel costs increase ty more than 10% during the project duratbon.
Concrete Technician, per hour ............................................... $65,00
Reinforcing Steel Technician, per hour...... ............ ............ ............. ............................ $70,00
Post-InsWled Anchor Technician, per hour.......................................................................... $80.00
Concrete Tests
Cylinder compression test (ASTM C 31 & C 39), 4"x8", each ....................................... . $22.00
Cylinder compression test (ASTM C 31 & C 39), 6"x12", each ...................................... $30.00
Concrete I Shotcrete Core compression test, each............................................................... $50-00
Soils Laboratory Testing and ClassiticaWn
Atterberg limits (ASTM O 4318), each ................................... ., $90,00
Combined sieve analysis (ASTM C 136 and C 117).......................................................
Optirnum moisture / maximum dry density relations (proctors)
ASTM D698, each ....................... . ......................... .............................................. $240.00
ASTMD1557, each..........................................................................................$260,00
Additional charge for Coarse Aggregate Correction (ASTM D4718) ............................. $50.00
T'XDOT TEX 113E, each ..... ........ ......... . ... . . .. . ......—...... ---.............. 325.00
T'XD0T TEX 114F-, each ...... ...... . ..... ...... .................................................$240.00
Spits Field SeruiceA
In place density I moisture test, nuclear method (ASTM D6938),
minimum3, each................................................................................................. $22.00
Soils Technician, per hour................................................................................................ $70.00
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Exhibit "A"
Proposal for Materials Observation and Testing Services
BCRUA Phase 1 D Water Treatment Plant Expansion K Cedar Park, Texas
June 7, 2023 ° Proposal No PAC231072 wierracon
SCHEDULE OF SERVICES AND FEES
CONSTRUCTION MATERIALS ENGINEERING
Asphaltic Concrete Services
Asphalt technician, per hour............................................................................................. $70.00
Molding specimens (TEX 206F), set of 3............................................................................$125.00
Bulk specific gravity of lab molded specimens, set of 3.......................................................$160.00
Maximum theoretical density (ASTM D 2041 or TEX 227F), each ........................................... $75.00
Hveem stability (ASTM D 1560 or TEX 208F), set of 3.........................................................$120.00
Extraction and Sieve Analysis (ASTM D 2172 or TEX 210F), each.........................................$200.00
Asphalt core thickness & density, each.............................................................................. $70.00
Coring Services
CoringCrew, per hour................................................................................................... $140.00
CoringEquipment, per day............................................................................................. $150.00
Reimbursable Expenses
Direct non -salary project expenses for "outside" services are billed at cost plus 15 percent for handling.
These include but are not limited to the following: travel and lodging, external consultants,
environmental analytical tests, drilling, special supplies, permits, equipment, sampling, field testing, on -
site facilities, clearing/grading contractors, water trucks, bulldozers, security forces, surveyors, traffic
control or other support services.
Remarks
A minimum charge of two hours will be assessed for trips to the project site for sample or cylinder pick
up only and a three-hour minimum charge is applicable to all trips made for the performance of other
testing, inspection, cancellations or consulting services.
All labor, equipment, and transportation charges are billed on a portal-to-portal basis from our office up
to the nearest half hour.
Overtime rates of 1.5 times the quoted hourly rate will be applicable for all time worked in excess of
eight (8) hours per day, all time worked outside of daylight hours of 6:00 AM to 6:00 PM Monday through
Friday, and all time worked on Saturdays.
Overtime rates of 2 times the quoted hourly rate will be applicable for all time worked on Holidays and
Sundays.
Services that are not cancelled by the prior business day, during business hours (8am to 5pm), will be
subject to a cancellation charge of $200.
Court appearances, depositions, etc. will be charged at 1.5 times the quoted hourly rate.
Unit fees for tests not listed will be quoted on request.
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Exhibit "A"
Proposal for Materials Observation and Testing Services
BCRUA Phase 'iD Water Treatment Plant Expansion a Cedar Park, Texas rerracon
June 7, 2023 w Proposal No_ PAC231072 j
SCHEDULE OF SERVICES AND FEES
CONSTRUCTION MATERIALS ENGINEERING
Remarks (continued)
Rush testing and inspection services are subject to a surcharge (to be negotiated).
Engineering consultation and evaluation in connection with any laboratory testing or field inspection
service will be charged at the appropriate rate.
Material samples should be submitted in a form that complies with applicable requirements.
Terracon will submit invoices for services on a monthly basis. Payment for services shall be made within
30 days of receipt of the invoice in accordance with the Terracon "Agreement for Consulting Services"
or "Authorization To Proceed". Additional administrative charges may be applicable if the client requires
other invoicing procedures or payment terms.
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