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GM-18-07-13-078 BRUSHY CREEK REGIONAL UTILITY AUTHORITY PROFESSIONAL CONSULTING SERVICES AGREEMENT FOR CONSTRUCTION OBSERVATION AND INSPECTION SERVICES FOR THE ZEBRA MUSSEL CONTROL PROJECT WITH DIAL DEVELOPMENT SERVICES, LTD. THIS AGREEMENT for professional consulting services related to the Zebra Mussel Control Project (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 DIAL DEVELOPMENT SERVICES, LTD., located at P.O. Box 608, Del Valle, Texas 78617, (hereinafter referred to as the"Consultant"). RECITALS: WHEREAS, BCRUA has determined that there is a need for construction inspection and observation services during the Zebra Mussel Control Project; and WHEREAS, BCRUA desires to contract for such 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. Completion is estimated to be approximately six (6) to eight (8) months from the BRCUA providing a notice to Proceed to Consultant. 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. -6A4-1J11-'t)7-1 3_D7� 0040511 Vss2 2.01 PROPOSAL FOR SERVICES For purposes of this Agreement Consultant has issued its proposal for services for the tasks delineated therein, such proposal for services being attached to this Agreement as Exhibit "A"titled "Scope of Services," which document is incorporated herein for all purposes. 3.01 SCOPE OF SERVICES Consultant shall satisfactorily provide all services described herein and as set forth in Exhibit "A" according to the schedule agreed upon by the parties. Consultant's undertaking shall be limited to performing services for BCRUA andror 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 herein, 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 10.01. 5.01 CONTRACT AMOUNT In consideration for the consulting services to be performed by Consultant, BCRUA agrees to pay Consultant in accordance with Exhibit `B" entitled "Fee Schedule," 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 Forty-Six Thousand Five Hundred and No/100 Dollars ($46,500.00). 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 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 services shall track the referenced Scope of Work, and shall detail the services 2 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 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 8.01 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 INSURANCE Consultant shall meet all BCRUA's Insurance Requirements as evidence Exhibit "C," "Certificate of Insurance," attached hereto and referenced herein for all purposes. 8.01 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 3 (d) The invoice is not mailed to the BCRUA in strict accordance with any instruction on the purchase order relating to the payment. 9.01 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. 10.01 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. 11.01 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. 4 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). 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. 12.01 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. 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. 5 (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. (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. 6 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 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 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, exempt, 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, attorneys' fees and all other costs and fees incident to any work done as a result hereof. To the extent allowable by law, BCRUA agrees to hold harmless, exempt, 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, attorneys' fees and all other costs and fees incident to any work done as a result hereof. 7 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. 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 and/or 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 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. 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: S Tom Gallier General Manager 221 East Main Street Round Rock, Texas 78664 !gglliqr@-bcrup,.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: Dial Development Services, Ltd. P.Q. Box 608 Del Valle, TX 78617 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. 24.01 APPLICABLE LAW; 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. 25.01 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 9 representative for each party. 26.01 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. 27.01 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. 28.01 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 subconsultants, in a manner acceptable to the BCRUA and according to generally accepted business practices. 29.01 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. 30.01 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. 10 31.01 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. [Signatures on the following page.] 11 IN Wr rNFSS WHEREOF, the parties have executed this Agreement on the dates hereafter indicated. BRUSHY CREEK Rf GIONAL UTILITY AUTHORITY By: a& Printed Name: 1 e1" Title: fT 4 Date Signed: D ATTEST: BCR ', Secretary -- - APPRONIF9 AS TO FORM: By: <7-3� Lc--� Stepp L.Sheets,BCRUA Attorney DIAL DEVELOPME;IT SERVICES,LTD. By: Printed Name: L i Title: Date Signed: 1� J D� EXHIBIT "A" SCOPE OF SERVICES Dial Development shall provide construction observation and inspection services for Brushy Creek Utility Authority's Zebra Mussel Control Project. Dial's construction observation and inspection services consist of the following: • Contract document, Submittal, Plan and Constructability Reviews • Change Proposal Request and Change Order Reviews • Change Order Negotiation • Attend and Coordinate Project Meetings • Coordination with Project Stakeholders Including other Entity Departments, Residents, and Business Owners. • Daily Construction Inspection and Observation • Daily Reporting and Photo Documentation • Compile Accurate Quantity Data • Construction Deficiency Review and Facilitate Resolutions • Assistance with R.F.I and R.F.D. Reviews • Coordinate Quality Control Testing Schedules and Intervals • Coordinate, Witness and Assist with Water and Waste Water Testing Procedures • Coordinate, Witness and Assist with System Startups and Commissioning • Review Pay Applications • Punch Lit Compilation and Follow-Up • Review As-Built Information Submitted and Assist with As-Built Compilation • Maintenance Bond Review and Warranty Inspection Checks 13 EXHIBIT "B" FEE SCHEDULE Hourly Fee Rates: David Dial $l 00.00/hour Robert Dial $95.00/hour *The total payment to Dial & Associates, Ltd. shall not exceed $46,500.00. The not-to-exceed amount is based on an 8-month duration assuming 3.0 hours per day. 14 EXHIBIT "C" CERTIFICATE OF INSURANCE (On the following page.) 15 DIAL-D1 ,d►coRo• CERTIFICATE OF LIABILITY INSURANCE PIIMI;IDDNYYY)ATE 12017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 512-835-7633 CTACT Amy Daniel Hertel Insurom Group,LLP ONPHONE 512-835-7633 FAX 512-835-0800 8500 Bluffstone Cove,Ste.B201 Arc,No,Ext): A1C,No): Austin,TX 78759 E-ffifi .adaniel@hertelinsurors.com House Accounts INSURERS AFFORDING COVERAGE NAIC 4 INSURERA,Valley Forge Insurance Co. 20508 INSURED Dial Development Service INSURER 8: David Dial P O BOX 608 INSURER C; Del Valle,TX 78617 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING 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 POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRTYPE OF INSURANCE ADDL SUB POLICY NUMBER POLICY EFFDDfyYYY1POLICY EXP L1µ175 A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,000 CLAIMS-MADE a OCCUR 4017706148 09/0412017 09/04/2018 DAMAGE TO RENTED $ 300,000 MED EXP one persatil $ 10,000 PERSONAL&ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE S 2,000,000 X POLICY 29f LOC PRODUCTS-COMPIOP AGG $ 2'000'000 OTHER. AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S ANY AUTO BODILY INJURY Per eracm $ OWNED SCHEDULED AUTOS ONLY AUTOSBODILY Ep BRODILY INJURY Per accident AH R11 S ONLY AU`%J ONLY PPerr awtlentDAMAGE S UMBRELLA LIAR OCCUR EACH OCCURRFN�: S EXCESS LIAR HCLAIMS-MADE AGGREGATE $ DED I I RETENTIONS WORKERS COMPENSATION PER O-H. AND EMPLOYERS'LIABILITY Y!N STA TE E ANY PROPRIETORIPARTNERIEXECUTIVE E.L.EACH ACCID�NT $ OFFICERIMEMBER EXCLUDED? N 1 A {MMandatory In NH) E.L DISEASE-EA EMr'L-iYEE $ If yes,describe under DESCRIPTI N OFOPERATIONS below E.L.DISEASE-POLICY IMIT DESCRIPTION OF OPERATIONS r LOCATIONS 1 VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached H more space Is required) CERTIFICATE HOLDER CANCELWIQN EVIDENC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. EVIDENCE OF COVERAGE AUTHORIZED REPRESENTATIVE ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ,a►`oFto® CERTIFICATE OF LIABILITY INSURANCE DATE04103/2018YYY) 04/03/2p18 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT AUTOMATIC DATA PROCESSING INSURANCE AGCY INC �No Ext: en 677-0428 FAX No): an 677-0430 1 ADP BLVD MS 625 E-MAIL ROSELAND,NJ 07068 AppFIESS,a cblcad avelers.com (877)677-0428 INSURER(S)AFFORDING COVERAGE NAIC A INSURER A:TRAVELERS CASUALTY AND SURETY COMPANY INSURED INSURER B: D L DIAL&ASSOCIATES,LLC PO BOX 608 INSURER C: DEL VALLE,TX 78617 INSURER D: INSURER E: INSURER F; COVERAGES CERTIFICATE NUMBER: 247145647361290 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING 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 POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE IVSD WVD POLICY NUMBER MMIDOIYYYY) —CMMODDIYYYYI LIMITS PCOMMERCIAL GENERAL LIABILITY EACH OCGURRENCE $ CLAIMS-MADE OCCUR $ MED EXP(Any one arson $ PERSONAL d ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: COMINED AUTOMOBILE LIABILITY (Ea acc dentSINGLE LIMIT $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ HIREDAUTOS NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) $ UMBRELLA UAB OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ OED RETENTION$ A WORKERS COMPENSATION NIA UB-6409P428-18 02/05/2018 02/05/2019 X I STATUTE E°RH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNERIEXECUTIVE ❑ E.L.EACH ACCIDENT 1$1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.t DISEASE-EA EMPLOYEE $1,000,000 Uyes,describe under bESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If mora space is required) CERTIFICATE HOLDER CANCELLATION DL DIAL 8r ASSOCIATES,LLC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PO BOX 608 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN DEL VALLE,TX 78617 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Na �r`� ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD CERTIFICATE 4F LIABILITY INSURANCE °"� THIS CERTIFICATE IS ISSUED AS A NATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDEL THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.. IMPORTANT: Hthe Certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. if SUBROGATION IS WAIVED,subject to the teras and conditions of the policy,certain poI(cles may require an endorsement A statement on this certificate does not confer rights to the cer if'icate holder in Iisu of such endorsemrnt(s)- PROOTEXAS FARM BUREAU INSURANCE Wt �1'LUIS YBANF�,AGENT PHONE 1 !rA%No E•1SAIL 1825 FORT Vl)=VI(RD SUITE 114 INSUR AFFORDING COVERAGS i MAIC S AUSTIN TX 78704 INSURMAJEXAS FARM BUREAU INSURANCE 25380 INSURED DIAL DEVELOPMENT SERVICES INSURER B= DAVID DIAL INSURERC• i PO BOX 608 INSURERD: DEI.VALLE TX 78607 INSIURSt E: 1NSlIRCt F: COVERAGES CER nFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUES?TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING 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 TQ ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L R TYPE OF DISURANCE� A POLICY Numset POLICY>s� i POLfCyEXP y # LIMITS GENERAL LUUM nY EAC1a OCCURR@[CE Is COMMERCIAL GENERAL LIABILITY i P SES Es oo rrenoe i S CLAIMS 4ADE 0 OCCUR FF I MEP�(any ane Person) I S PERSONAL&APV INJURY Is GENERAL AGGREGATE :S GEWLAOSRWATEI-WiTAPPLIESPEFt 1 PRODU=-COMPIOPAGG}S POLICY 1 PRO- LOC Is AUTO]WOMM LIJUMA Y ! sIN=UMFY i s 1 '00 0[Ifl x AriY AUTO 800RYRUUFLY(PerQelsOn) S1.0w= ALLOWNED SCHEDULED X AUTOS x'AUTOS BODILY INIURY(Petaxidere} S1,D00,000 IYO YAINED S2D10956 04/05/2018 04/0512b19 PROPERTY DAMAGE HIRMAUTOS AUTOS Per l$1.000,006 is UA7BRELLALIAB OCCUR EACH OCCURRENCE s EXCESS LLRB CLAIM1dS fm , !� AGGREGATE i s OEM oris 1 is WORKERS Co"Pv ATLON INC STA DTH' AND EMPL OTEW LIABRM ANY PROPRIETORMARTNEWEXXECUTNE YIN EL.EACH ACCIDENT 9 OFFiCF_IIAEMBER EXCLUDED? F (umdaUary In NN) E.L.DISEASE-EA EMPLOYEE S nFcrAiPTtnN=PERA1JQNS below— i EL DISEASE-POLICY LIMTr S 1 I DESMPYION OF OPE1tA'nONSI LOCAIXONS I VEPUCLES(Attach ACORD 707.Aditcnai Remus Sche&Ota.rf mare apace is requhed) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WALL BE DELIVERED IN ACCORDANCE WITH THEN POLICY PROVISIONS- AUTHOR1gD IMFATWE T �1 t CORD CORPORATION. All rights reserved ACORD 25(2010105) The ACORD name and logo are reqistA66 ma CORD BCRUA Zebra Mussel Control Section 00500—Agreement AGREEMENT BETWEEN OWNER AND CONTRACTOR This Agreement is made and entered into as of the day of August 2018 by and between the: "OWNER" Brushy Creek Regional Utility Authority 221 E. Main St. Round Rock,Texas 78664 and "CONTRACTOR" Excel Construction Services, LLC. 1202 Leander Drive Leander, Texas 78641 512.259.5005 for the following Project: Zebra Mussel Control The ARCHITECT/ENGINEER for the Project is Walker Partners, LLC 804 Las Cimas Parkway,Suite 150 Austin,Texas 78746 512.382.0021 Page 1 of 6 Section 00500—Agreement BCRUAZebra Mussel Control Section 00500—Agreement 1.0 THE WORK OF THIS CONTRACT Unless otherwise provided in these Contract Documents, the CONTRACTOR shall be responsible for performing or causing to be performed all Work including labor and materials, necessary to build, construct, erect and equip in accordance with the Contract Documents and at its own proper cost and expenses to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto. The Contract Documents for this Project include this Standard Form of Agreement and the following documents, if applicable: • Addenda issued by ARCHITECT/ENGINEER • General Conditions • Supplemental Conditions • Performance and Payment Bonds • Request For Proposal Form and other Contract Forms • Division 1 Specifications • Technical Specifications • Drawings In the event that a conflict between any of the provisions within the Contract Documents exist, OWNER shall determine which provision controls. If CONTRACTOR identifies the conflict, CONTRACTOR shall notify Owner's representative of the conflict and Owner's Representative will notify OWNER and the OWNER shall determine which provision controls. 2.0 CONTRACT TIME AND COMPLETION § 2.1 The date of commencement of the Work shall be stated in a Notice to Proceed issued by the OWNER. § 2.2 Contract Time §2.2.1 The Contract Time shall be measured from the date of commencement. §2.2.2 Time is of the essence in all phases of the Work. Additionally, time limits and periods of time stated in the Contract Documents are of the essence. It is specifically understood and agreed to by and between OWNER and CONTRACTOR that time is of the essence in the substantial completion of the Work, and that Page 2 of 6 Section 00500—Agreement BCRUA Zebra Mussel Control Section 00500—Agreement failure to substantially complete the Work within the designated period, or as it may be extended, shall be construed as a breach of this Agreement. § 2.3 Substantial Completion The CONTRACTOR shall achieve Substantial Completion of the entire Work not later than 180 calendar days from the date of commencement, subject to and adjustments of this Contract Time as provided in the Contract Documents and Changer Orders modifying and extending this Agreement. § 2.4 Liquidated Damages The CONTRACTOR acknowledges and recognizes that the OWNER is entitled to full and beneficial occupancy and use of the completed work following expiration of the Contract Time. The CONTRACTOR further acknowledges and agrees that, if the CONTRACTOR fails to substantially, or cause the Substantial Completion of any portion of the Work within the Contract time, the OWNER will sustain actual damages as a result of such failure. The exact amount of such damages will be difficult to ascertain. Therefore, the OWNER and CONTRACTOR agree that, if the CONTRACTOR shall neglect, fail, or refuse to achieve Substantial Completion of the Work bythe Substantial Completion date,subjectto proper extension granted by the OWNER,then the CONTRACTOR agrees to pay the OWNER the sum of Nine hundred dollars ($900) for each day in which such Work is not completed, not as penalty, but as liquidated damages, for the damages ("Liquidated Damages") that would be suffered by OWNER as a result of delay for each and every calendar day that the CONTRACTOR shall have failed to have completed the Work as required herein. The Liquidated Damages shall be in lieu of any and all other damages which may be incurred by OWNER as a result of the failure of CONTRACTOR to complete within the Contract Time. §2.5 Final Completion § 2.5.1 Timely Final Completion is an essential condition of this contract. CONTRACTOR agrees to achieve f=inal Completion of the Work within 30 days of the designated or extended Substantial Completion date. The date of Substantial Completion shall be fixed by this Agreement, unless modified by Change Order, and memorialized by a Certificate of Substantial Completion as provided in the General Conditions to this Agreement. §2.5.2 Final Completion means actual completion of the Work, including any extras or Change Orders reasonably required or contemplated under the Contract Page 3 of 6 Section 00500—Agreement BCRUA Zebra Mussel Control Section 00500--Agreement Documents other than warranty work that may be required pursuant to the Contract Documents. §2.5.3 CONTRACTOR's general warranty period and guarantee will begin to run upon Final Completion as approved by OWNER, and following issuance of ARCHITECT/ENGINEER's letter of Final Acceptance. 3.0 CONTRACT SUM § 3.1 The OWNER shall pay the CONTRACTOR the Contract Sum in current funds for the CONTRACTOR's performance of the Contract. The Contract Sum shall be one million four hundred sixty-eight thousand six hundred fifty-eight dollars and two cents ($1,468,658.02) subject to additions and deductions as provided in the Contract Documents. § 3.2 The Contract Sum is based upon the following alternates, if any,which are described in the Contract Documents and are hereby accepted by the OWNER: N/A § 3.3 Unit prices, if any: N/A 4.0 PAYMENT § 4.1 APPLICATIONS FOR PAYMENT Each Application for Payment shall be based on the most recent schedule of values submitted by the CONTRACTOR in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Amount among the various portions of the Work.The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the ARCHITECT/ENGINEER and OWNER may require. This schedule, unless objected to by the ARCHITECT/ENGINEER or OWNER, shall be used as a basis for reviewing the CONTRACTOR's Applications for Payment. §4.1.1 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. Unless otherwise noted, application for payment shall be done on a monthly basis. §4.1.2 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: Page 4 of 6 Section 00500 -Agreement BCRUA Zebra Mussel Control Section 00500—Agreement .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Five percent (5.00%). Pending final determination of cost to the OWNER of changes in the Work, amounts not in dispute shall be included; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the OWNER, suitably stored off the site at a location agreed upon in writing), less retainage of Five percent (5.00%); .3 Subtract the aggregate of previous payments made by the OWNER; and .4 Subtract amounts, if any, for which the ARCHITECT/ENGINEER has withheld or nullified a Certificate for Payment. §4.1.3 if the total Contract Sum at the time of execution of this Agreement is less than $400,000.00,the OWNER may elect to withhold retainage of ten percent(10%)from each progress payment in lieu of the retainage amounts set forth in Section 4.1.2. §4.1.4 Reduction or limitation of retainage, if any, shall be as follows: Reduction or limitation of retainage shall be at the OWNER's sole discretion. §4.1.5 Except with the OWNER's prior approval, the CONTRACTOR shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 4.2 FINAL PAYMENT §4.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the OWNER to the CONTRACTOR when .1 the CONTRACTOR has fully performed the Contract except for the CONTRACTOR's responsibility to correct Work as provided in the General Conditions,and to satisfy other requirements, if any,which extend beyond final payment; and .2 a letter of Final Acceptance has been issued by the ARCHITECT/ENGINEER and accepted by the OWNER. §4.2.2 The OWNER's final payment to the CONTRACTOR shall be made no later than 30 Page 5 of 6 Section 00504—Agreement BCRUA Zebra Mussel Control Section 00500—Agreement days after the Work has been completed and accepted by the OWNER, in writing, following the issuance of the ARCHITECT/ENGINEER's final Certificate for Payment: This Agreement is entered into as of the day and year written above ("The Date of Execution"): OWNER CO RACTOR By: Karen Bondy By: Randal Park Title: General Manager _ Title: President Page 6 of 6 Section 00500--Agreement Client#:73190 14EXCELCON ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDlYYYY) 8117/2018 THIS CERTIFICATE IS ISSUED AS A MAT'T'ER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder In lieu of such endorsement(a). PRODUCER Wortham Insurance S Risk Mgmt. P E' Janet R Evans 221 West 8th Street,Su€te1400 E L 453-0031 ,,x Na; 512 453-0041 Austin,TX 78701 muss,janet.evans@worthaminsurance.com INSURERS AFFORDING COVERAGE NAIL/ 512453-0031 INSURER A:Cincinnati Insurance Company 10677 INSURED Excel Construction Services,LLC INSURER B:Texas Mutual Insurance Company 22945 ENSURER C, P.O.Box 2260 INSURER D: Leander,TX 78646 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS 1S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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 POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IV TYPE OF INSURANCE D UB POLICY NUMBER M M LIMITS A X COMMERCIAL GENERAL LIABILITY EPPOO65940 3/01/2018 03/0112018 EACH OCCURRENCE $1 000 000 CLAMS-MADE ❑X OCCUR . " D $500 000 X PD Ded:1,000 MED EXP ane anon s5000 PERSONAL Q ADV INJURY S 1 000 000 GEN'LAGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE s2000000 O. POLICY a JELOC PRODUCTS-COMP/OP AGG s2000 OOO OTHER: $ A AUTOMOBILE LIABILITY EBA0065940 3101/2018 031011201 OME NNED SING MIT ED 82;wEn 1,000,000 X ANY AUTO BODILY INJURY(Par person) $ AUTOS ONLY AUTOS BODILY INJURY(Per acddenl) S X HAUIR NON-OWNED PROPERTY DAMAGE TD ONLY X AUTOS ONLY . s s ,A X UMBRELLA LIAa X OCCUR EPPOO65940 0310112016 0310112019 EACH OCCURRENCE $5,000,000 EXCESS W19 CLAMS•MADE AGGREGATE S6.000.000 DEO I I RETENTIONSs B WORKERS COMPENSATION 0001177290 3/01/2018 03/01/201 X PER OTH- ANDEMPLOYERS'LIABILITY TA FR OFFICERIMEMEMSERPEXXCCLUDE�currvE� NIA E.L.EACH ACCIDENT $1000000 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S1.000.000 Ifs urWer daWbferDRIPTION OF Or below E.L.DISEASE•POLICY LIMIT IS1.000.000 DESCRIPTION OF OPERATIONS 1 LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached H more space Is raWlrad) Project:Zebra Mussel Control#03-00652 Forms and Endorsements Schedule: General Liability: (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Brushy Creek Regional Utility SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE FXPIRATiON DATE THEREOF, NOTICE WILL BE DELIVERED IN Authority ACCORDANCE WITH THE POLICY PROVISIONS. 221 E Main St Round Rock,TX 78664 AUTHORIZED REPRESENTATIVE ®1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) 1 of 2 The ACORD name and logo are registered marks of ACORD #S9297671M871735 14JRE DESCRIPTIONS (Continued from Page 1) Contractors'Commercial General Liability Broadened Endorsement#GA233 0207 Commercial General Liability Coverage Form#GA101TX1008 Cancellation or NonRenewal by Us Notification to Designated Entity#IA4087 0811 Automobile: Additional Insured by Contract#AA 4171 1105 Blanket Waiver of Subrogation-Auto#AA4172 0909 Cancellation or NonRenewal by Us Notification to Designated Entity#IA4087 0811 Workers Compensation: Texas Waiver of Our Right to Recover from Others NWC420304B Texas Notice of Material Change Endorsement#WC420601 SAGITTA 25.3(2016103) 2 of 2 #S929767IM871735 BCRUA Zebra Mussel Control Section 00510--Notice of Award NOTICE OF AWARD Dated: 16%fST 11-1 , 2018 TO: Excel Construction Services, LLC. , c/o Randal Park ADDRESS: 1202 Leander Drive Leander,Texas 78641 PROJECT: OWNER'S CONTRACT NO: 03-00662 CONTRACT FOR: Zebra Mussel Control You are notified that your Proposal dated July 18 , 2018 for the above contract has been considered. You are apparent Successful Bidder and have been awarded a contract for building and site improvements including the following: See attached Proposal. The Contract Price of your contract is: $ 1468 658.02 1 original of the proposed Contract Documents (except drawings) accompany this Notice of Award. 1 electronic file (pdf) of the conformed construction drawings will be delivered or otherwise made available to you immediately. You must comply with the following conditions precedent within 10 calendar days of the date of this Notice of Award. 1. You must deliver to the Owner a fully executed version of the Agreement including all Contract Documents. Each of the Contract Documents must bear your original signature. 2. You must deliver with the executed Agreement the Contract Security(Bonds) as specified in the RFP, General Conditions, and Supplementary Conditions. 3. You must deliver to the Owner Certificates of Insurance with the executed Contract. Within Five days of the Contract execution, you must deliver a Page 1 of 2 Section 00510—Notice of Award BCRUA Zebra Mussel Control Section 00510—Notice of Award desi.gnation of work to be performed by your own forces and a list of subcontractors in accordance with the RFP. Failure to comply with these conditions within the time specified will entitle Owner to consider your bid in default, to annul this Notice of Award and to declare your Proposal Security forfeited. Within 10 days after you comply with the above conditions, Owner will return to you one fully signed counterpart of the Agreement with the Contract Documents attached. BRUSHY CREEK REGIONAL UTILITY AUTHORITY (OWNER) By: (AUTHORIZED S ATURE) 6 t-c-'-e Aq 0--'� S", (TITLE) J (DATE) CONCURRENCE OF AWARD } (CONTRACTOR By; 1 (AUTHORIZED SIGNATURE) Ra net L ( ATE) Page 2 of 2 Section 00510—Notice of Award Brushy Crack Regional My Aulhority,Texas Zebra Mussel Control Competitive Sealed Proposal-Proposal Opening Proposals Opened July 10,2016 2:00 PM Proposer Archer Western Excel Construction CRU Attachments: Bid Security ✓ ✓ ✓ Proposer Form(Section 00300) ✓ / ✓ Conflict of interest Questionnaire(Section 00300-A) ✓ J ve Statement of Prosacs gRedence Section 00400 ✓ ✓ ✓ HASF-SID 1TEMS Bid Item# Descriotion fluantitIr Units Unit Price Total Price Unit Price 12tal Price Unit Price Total Price I Bonds,Mobilization&Startup i LS $ 25,000.00 $ 25,000.00 $ 70,000.00 $ 70,000.00 $ 102,973.70 $ 102,973.70 2 Trench Safety 1 LS $ 2,000.00 $ 2,000.00 $ 2,500.00 S 2,500.00 $ 11,132.30 $ 11,132.30 Construction of all Work as specified and detailed,except for Work included 3 in other Proposal items 1 LS $ 1,592,000.00 $ 1,592,000.00 $ 1,314,921.00 $ 1,314,921.00 $ 1,473,784.10 S 1,473,784.10 4 Cedar Park SCADA Programming 1 LS $ 21,000.00 $ 21,000.00 $ 30,000.00 $ 30,000.00 $ 23,377.80 $ 23,377.80 BCRUA SCADA Equipment and 5 Programming Allowance 1 LS $ 60,992.02 $ 60,992.02 $ 60,992.02 $ 60,992.02 $ 60,992.02 $ 60,992.02 6 Leander SCADA Programming 1 LS $ 21,000.00 $ 21,000.00 $ 30,000.00 $ 30,000.00 $ 23,377.80 $ 23,377.80 7 Owner's Contingency Allowance 1 LS $ 50 000.00 $ 50 000.00 $ 50,D00.00 $ 50,000.00 $ 50 000.00 S000000 TOTAL.BASE BID PLUS ALLOWANCE BID ITEMS $ 1,771 992.02 $ 1,558,413.02 $ 1 745,637.72 1,Joseph W.Jenkins,Texas P.E.#68717,do hereby certify that this proposal tab is accurate and true. Prepared by. Walker Partners,LLC TBPE Registration No.6053 804 Las Cimas Parkway,Suite 150 Austin,7X 78746 ! �•.► r.y 512-382-0021 Telephone 9.••' •'••7 www.walkeroartners.corn ,SSC-PAF W. JENKINS $8717 r�a- 19 NAL 4 m�0'r Ap.t Brushy Crook Regional Utility Authority,Texas Zebra Mussel Canted Competitive Sealed Proposals Proposals Opened July 10,2418 2.00 PM Final Negotiated Proposal Pr000ser Archer Western Excel Construction CRU Attachments. Bid Securi ✓ ✓ ✓ Proposer Form Section 00300 ✓ ✓ Conflict of Interest Questionnaire Section 00300-A ✓ ✓ ✓ Statement of Proposers Experience SecUon 00400 ✓ ✓ ✓ BASE BID 17 5AIS Bid item c o ni Unit Price la Unit Price Tow PricgTotal Price 1 Bonds Mobilization&Startu 1 LS $ 25 000.00 $ 25 000.00 S 70 000.00 S 70 000.00 $ 102 973.70 $ 102 973.70 2 Trench Sa 1 LS $ 2,000.00 $ 000.00 $ 2,500,00 S 2,500.00 S 11 132.30 S 11 132.30 Construction of all Work as specified and detailed,except for Work included 3 in other Proposal items 1 LS $ 1.592.000.00 S 1 592 000.00 $ 1,314.921.00 S 11 314 921.00 S 1.473.784.10 S i 473 784.10 4 Cedar Park SCADA Programming 1 LS S 21 000.00 $ 21 000.00 S 30,000.00 $ 30 000.00 S 23 377.80 S 23 377.80 BCRUA SCADA Equipment and 5 Programming Allowance 1 LS $ 60 992.02 $ 60 992.02 $ 60 992.02 S 60 992.02 $ 60 992.02 S 60 992.02 8 Leander SCADA Programming 1 LS $ 21,0 0.00 $ 21 000.00 S 30 000.00 $ 30 000.00 $ 23 377.80 $ 23 377.80 7 Owners Contingency Allowance 1 LS S 50 000.00 A 50 000.00 S 50 000.00 $ 50 000.00 $ 50 000.00 $ 50 000.00 TOTAL BASE BID PLUS ALLOWANCE BID ITEMS $ 1,T71,992-02 $ 1,558,413.02 $ 1,745,637.72 Negodated al E i Description cmantity. Units Unit Price TotaLPrIce Total Price_ Unit Price Total Price 1 Mercury free suspended levellfloat with internal weight polypropylene housing, and 7 amp rated snap action switches in lieu of the specified Contegra stainless steel float switches with cable and external weights 1 LS S (3,600.00) 5 (3,600.00 2 Provide signal isolators for circuits with 4-20mA signals that ani connected to 2 different devices.4-20mA circuits connected to a single device such as pressure transmitters,flow meters,and level transmitters that are going directty to PLC modules would not be provided with a signal isolator. Milliamp surge protection will be provided at both the instrument and the PLC input modules (both ends 1 LS 3 L4,000.00) $ (4,000.00 3 The 3 pump skids will be furnished as a single pump in lieu of dual pumps- Fumishin 1 spare pumps in Geu of 3 1 LS $ 35 205.00 $ 35 205.00 mvms� P"I Brushy Crook Regional Utility Autlum ty,Texas Zebra Mussel Cartrol Competitive Seated Proposals Proposals Opened July 10,2018 2:00 PM Final Negotiated Proposal 4 Delete the Insulation/aluminum jacket on all chem feed piping- insulation and jacketing to remain on the T waterline outside the building 1 LS S __L42,000.00) S 42 000.00 5 Delete the FRP freeze boxes at injection points as detailed on MA-2, F10 1 LS S 16 700.00 S 146 700.00 6 Delete Venton sump pump and replace with Soulds,manual i LS S 14100.00 $ 14100.00 7 Delete angle braces as shown on detail MZ-1,A6 and use HDG unistrut 8 Delete the LSH(level svrilrh alarms)in 1 LS S 3600.00 $ 3600.00 da tanks t LS $ 1 000,00 $ (1,000.00) 9 SCADA Ad ustment 1 1 LS $ 30 450.00 $ 30,450.00 TOTAL VALUED ENGINEERED CREDIT $ _ $ 89755.00 TOTAL BASE HID PLUS NEGOTIATED VALUE ENGINEERED CREDIT 1 774 992.02 1,468,658.02 1,745,637.72 1 Joseoh W.Jenkins Texas P.P.#68717 do hereb cerff that is=Dosaftablsaccurmateand true. Prepared b . Walker Partners LLC TBPE Re istraHon No.8053 804 Las Cimas Pa y,Suite 150 Austin 7X 78746 512-382-0021 Tate hone www.walkemadners.com �W. 68717 � ,. BCRUA Zebra Mussel Control section 00520—Notice to Proceed NOTICE TO PROCEED Dated: August 29, 2018 TO: Excel Construction Services LLC do Randal Park ADDRESS: 1202 Leander Drive Leander,Texas 78641 PROJECT: You are notified that the Contract Times under the above contract will commence to run September 4 2018 . By that date,you are to start performing your obligations under the Contract Documents. In accordance with the agreement,the dates of Substantial Completion and Completion and readiness for final payment are: March 3 2019 for substantial completeness of the entire project; and April 2, 2019 for Completion and Acceptance of the entire project. Before you may start and Work at the site,the General Conditions provide that you deliver to the Owner(with copies to Architect and other identified additional insureds) certificates of insurance which is required to be purchased and maintained in accordance with the Contract Documents. BRUSHY CREEK REGIONAL UTILITY AUTHORITY (OWNER) By: (AUTHOR E NATURE) (TITLE) (DATE) Page 1 of 2 Section 00520—Notice to Proceed BCRUA Zebra Mussel Control Section 00520—Notice to Proceed CONCURRENCE OF NOTICE TO PROCEED (CONTRACTOR) By; Kl"�4 W (AUTHORIZED SIGNATURE) 4sr�1 Zvt� (DATE) Page 2 of 2 Section 00520—Notice to Proceed SCRUA Zebra Mussel Control Section 00610—Performance Bond Bond No TXC610620 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Excel Construction Services l.t_C as Principal herein, and [Surety), a corporation organized and existing under the laws of the State of [Surety's state of incorp] and who is authorized and admitted to issue surety bonds in the State of Texas, as surety, are held and firmly bound unto the Brushy Creek Regional Utility Authority, Texas, a local government corporation with its principal location of 221 E. Main St., Round Rock, Texas, Obligee herein, in the sum of One Million Four Hundred Sixty Eight Thousand Six Hundred Fifty Eight and 021100 for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,firmly by these presents. WHEREAS, Principal has entered into a certain written contract with the Obligee dated the01 day of 6i< 20j J�,herein referred to as "the Contract" and incorporated herein and made a part hereof for all purposes, for the construction of the following project: [project name]. V p&"A 1Z0V5Vpt p&V55fa. C^N4TV4o V P0&-j1E%:0r NOW, THEREFORE, the condition of this obligation Is such, if the said Principal shall faithfully perform the work in accordance with the plans, specifications, and other Contract Documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's failure to perform the Work in conformity with the Contract Documents, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default,then this obligation shall be void; otherwise, to remain in full force and effect. Whenever Contractor shall be declared by Obligee to be in default under the Contract, the Surety shall, upon request of Obligee and within seven (7) calendar days from receipt of Obligee's notice of Contractor's default, commence and thereafter complete performance of Contractor's obligations under the Contract. This Bond covers all contractual obligations of Contractor under the Contract, including, without limitation, the indemnity, warranty and guaranty obligations. The Surety stipulates and agrees that no change, extension of time, alteration, omission, addition or other modification to the terms of any of the Contract will affect its obligations on this bond, and it hereby waives notice of any such changes, extensions of time, alterations, omissions, additions, or other Page 1 of 3 Section 00610—Performance Bond BCRUA Zebra Mussel Control Section 00610—Performance Bond modifications, to the Contract or to related subcontracts, purchase orders or other obligations, and any notices provided in such regard shall not create as to any party a duty related thereto. The penal limit of this bond shall automatically be increased by the amount of any change order,supplemental agreement or amendment which increases the price of the Contract. PROVIDED, HOWEVER,that this bond Is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all rights and liabilities on this bond shall be determined in accordance with the provisions of such statute,to the same extent as If it were copied at length herein. All notices shall be delivered in writing to the addresses shown below or to addresses provided in the Contract Documents. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 'LA day of�"IV tf W, 20_jgL, The date of bond shall not be prior to date of Contract. Excel Construction -ervices, LLC PRINCIPAL ATTEST: By: 7; LName: t;-?.A'J'.t Pat (Principal)Secretary Title: ' (S E A L) Address: 1202 Leander Drive Leander,TX 78641 Witness as to Principal Telephone Number: 512-259-5005 Merchants Bondin Com an--(Mutual) SURETY ATTEST: Bv: 8CRUA zebra Mussel Control Section 00610—Performance Bond (S E A i.) Address: 221 W 6th Street,Suite 1400 Austin,TX 78701 r Witness as to Surety Telephone Number: 512485-3897 An original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. Approved as to Form: Brushy Creek Regional Utility Authority 221 E. Main St. Round Rock Texas 78664 ;� By: �s nn 1n Title: Cie .t e�-�[ Date: Page 3 of 3 Section 00610—Performance Bond BCAUA Zebra Mussel Control Section 00620--Payment Bond Bond No TXC610620 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we,Excel Construction Services, LLC as Principal herein, and [Surety], a corporation organized and existing under the laws of the State of [Surety's state of incorp] and who is authorized and admitted to issue surety bonds in the State of Texas, as surety, are held and firmly bound unto the Brushy Creek Regional Utility Authority, Texas, a local government corporation with its principal location of 222 E. Main St., Round Rock, Texas, Obligee herein, in the sunt of one Million Four Hundred Sixty Eight Thousand Six Hundred Fifty Eight and 021100 for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, Jointly and severally,firmly by these presents: WHEREAS, Principal has entered Into a certain written contract with the Obligee dated the lLday of 201S which contract Is hereby referred to herein as "the Contract"and is Incorporated herein to the same extent as if copied at length, for the following project: (project name]. Sp -2C.C3 Rp M a SSZ*- t p*r%16L.. ppvaf�04r NOW, THEREFORE, the condition of this obligation is such, that if the said Principal shall directly or indirectly timely make payment to each and every claimant (as defined in Chapter 2253,Texas Government Code, as amended) supplying labor or materials in the prosecution of the work under the Contract, then this obligation shall be void; otherwise, to remain In full force and effect. This obligation may be enforced by the Obligee in the event of bankruptcy or default by Principal in payments to suppliers of labor or materials in the prosecution:of the work under the Contract, in either of which events the Surety shall make such payments as Principal has Palled to pay and as may be required to complete the work under the contract. The Surety stipulates and agrees that no change, extension of time, alteration, omission, addition or other modification to the terms of the Contract will affect its obligations on this bond, and it hereby waives notice of any such changes, extensions of time, alterations, omissions, additions, or other modifications, to the Contract or to related subcontracts, purchase orders or other obligations, and any notices provided in such regard shall not create as to any party a duty related thereto. Page 1 of 3 Section D0620—Payment Bond BCRUA Zebra Mussel Control Section 00620—Payment Bond PROVIDED, HOWEVER,that this bond is executed pursuant to Chapter 2253 of the Texas Government Code,as amended, and all rights and liabilities on this bond shall be determined in accordance with the provisions of said statute,to the same extent as if it were copied at length herein. All notices shall be delivered in writing to the addresses shown below or to addresses provided in the Contract Documents. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this Instrument. SIGNED and SEALED this day of 20 The date of bond shall not be prior to date of Contract. Excel Constructio Services, LLC PRINCIPAL ATTEST: By Name: (Principe!) Secretary Title: _ �{�+r�r e,� (S E A Q Address: 1202 Leander Drive Leander,TX 78641 -_ Witness as to Principal Telephone Number: 512-259-5005 Merchants Bonding .pang(Mutual) SURETY ATTEST: By: Power of Attorney Attached Name: Barb ra A, Shamard,Attorney-In-Fact Secretary Attorney in Fact (S E A Q Address: 221 W 6th Street Suite 1400 Au&tun-TX 78701 Page 2 of 3 Section 00620-Payment Bond BCAUA Zebra Mussel Control Section 00628—Payment Bond c Oh , 'AAUZ910� Witn ss as to Surety Telephone Number: 512-485-3897 An original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. Approved as to Form: Brushy Creek Regional Utility Authority 221 E. Main St. Round Rock,Texas 78664 By: Title: Date:- g -7 I Section 00620—Payment Bond Page 3 of 3 MERCHANTS BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., both being corporations of the State of Iowa(herein collectively called the'Companies")do hereby make,constitute and appoint,individually, Barbara A Shamard;Chris Brandt;George S Sykes Jr;John S Bums Jr;Karl Williamson;Peter Pincoffs;Rob Bridges;Stacy L Flores;Todd Davis; William H Page Jr their true and lawful Attomey(s}in-Fact• to sign its name as surety(ies) and to execute, seat and acknowledge any and all bonds, undertakings, contracts and other written Instruments in the nature thereof, on behalf of the Companies In their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted In any actions or proceedings allowed by law. This Power-of-Attomey is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company(Mutual)on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "The President, Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys-In-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of Indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and affect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,It is agreed that the power and aut hority hereby given to the Attomey-in-Fact Includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It Is fully understood that consenting to the Stale of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of Its obligations under its bond. in connection with obligations In favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this Instrument to be signed and sealed this 5th day of April 2017 :` �p(t,POlp' gyp•; �'p��%pp "...?•� MERCHANTS BONDING COMPANY(MUTUAL) 40 9�tn:v 0•VO A�•y,,�: MERCHANT NATIONAL BONDING,INC. v'. 2003 : :a'~ 1933 c: By President STATE OF IOWA "• • ••'•+• •••••••• COUNTY OF DALLAS ss. On this this 5th day of April 2017 before me appeared Larry Taylor, to me personally known,who being by me duly sworn did say that he Is President of MERCHANTS BONDING COMPANY (MUTUAL)and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. tiP4l1 0 AUCIA K.GRAM q Commission Number 767430 My Commission Expires • low[, April 1,2020 Notary Public (Expire don of notary's commission does not invalidate tNs instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this 20th day of August ,2018 . •+'+111{{t!{�/j CQM••••.�..{{• {aP�10 Nq�•+.• ONO . :Z': 2003 :'Ac %� 1933 'e; Secretary POA 0018 (3117) ••+'"' "''+�{ MERCHANTS � BONDING COMPANY. MERCHANTS BONDING COMPANY(MUTUAL) • MERCHANTS NATIONAL BONDING. INC. P.O. BOX 14498 • DES MOINES. IOWA 50306-3498 • (800)678-8171 • (515)243-3854 FAX PIease send all notices of claim on this bond to: Merchants Bonding Company(Mutual)/Merchants National Bonding,Inc. P.O. Box 14498 Des Moines, Iowa 50306-3498 (515)243-817I (800) 678-8171 Physical Address: 6700 Westown Parkway, West Des Moines, Iowa 50266 SUP 0073 TX (2115) UNANIMOUS CONSENT IN LIEU OF A SPECIAL MEETING OF THE BOARD OF MANAGERS OF EXCEL CONSTRUCTION SERVICES, LLC The undersigned, being all of the members of the Board of Managers of Excel Construction Services, LLC, a Texas limited liability company ("Company"), on the below stated date, acting by unanimous written consent and without a meeting pursuant to the provisions of the Texas Limited Liability Company Act and not in contravention of any provision of the Articles of Organization or Regulations of the Company, hereby adopt the following resolutions: RESOLVED, that Randal M. Park and Matthew B. Cannon, as the President and Vice President, respectively, of the Company shall be, and each of them is hereby authorized and empowered for and in the name of the Corporation to do the following, which acts shall be fully binding upon the Corporation: 1. To enter into any lawful contract that any such officer may deem to be to the best interest or advantage of the Company, upon such terms and conditions and for such consideration as to such officer may seem proper or advisable; Executed effective as of the l Oth day of July, 018. Randal M. Park Matthew-A. Cannon pito.T�nr gT�roRx LIB33PL43 COMPLETED JOBS- CONTRACT START COMP jii'i AMW PIION OWNER CONTACT CONTACT PHONE ENGINEER CONTACT CO ACT PHONE AMOULC 150000 ON RAW WA ORAGE FANK LCR- DAVID SMTTH 512473.7786 PBSBJ . - D-wYWE AR LIFT STA LL LIFT STATION C51Y OF AUSFIh EXS RON HUMPNR 512.3222813THONHOFF HOFF 51 f Ju CITY OF CEDAR PAR 7EXILa KENNETH WH EER 542.258.4721 HDR ROGE K 5t2.81 -St 1 A MUD S-4 P ANSION 1AK WAY UTILITY 0ISTRICT EAR FOSTER 552.261-222 HOR 695 f CITY OF CEDARP TEXAS KENNETH WIVE 512258.4121 CDM DAVID BRK5G8 S1 708 f 503292 1 1 *AT1r.R Y-F TWINC EEKS DEVELOPMENT JOE DEOVIN210 5f2.176,00s7 NOR AIN 716 123100 1035 Deo-0 CITY OF CEDAR PAR TEXAS KEN WHE 572258.4721 HDR ROGER AVI512.91 00 08Mw-m VIS 3725 RMERALIFT STATION-k LIFT ATKN7 CITY 4F CEDAR PAR TEXAS ERIC RAL16CHUBER 512.256.4125 LAN SCOTT MURRAH 512 1 ! 932 Nw-02 W WATE P MP R ME - NEW RAW WATER RIM WAT R IMPR DISTRICT 920 RRAU. GU 5 2.327.9204 MURFEE RYAN 512-327-9204 OCK HOUSE CR LIFT STA NEW UFT STAT CITY OF CEDAR PAR TEXAS HUBER 512.259.4121 LAN SCOTTMVRRAH 672 212 S 732 790 FW RIR nATIOH S - NEW NBELT IRRW SYSTEM VIS UT UW DISTRICT 03 RGU 512.327.9204 MU FEE RYAN 512.327-9204 ! 66692 -04 S.P E E NCY REPAIRS REPAIR TOCLAROFIERS CTIYOFCO RASCOVE TX ON 254-547.0751 RIVER CITY WILL NA 512-01 94 380 w43 PUMP STATION•NEW WATER PUMP ST TION CITY OFC PARK HUBER 512.256.4121 CAR BURGESS AIlJ4 P7•II PS 552-3143580 351 Nav-09 OI-04 SAN MARCOR NATt FISH HA CNE - SYSTEM TO RECLAIM WATER US FISH 8.WILDLIFE N 505.248.7945 MWH MARK ORTON 306.248-7945 ! 1525926 Jumo 3.050 NE 5 NW WVYTP NM ENT&EXP ION TO TWO EXISTING WWTP'S CITY OF COPPERAS COVE T7( 254.517.0751 RIVER CITY WILL PENA 552.412 5 Merl 4.001 CEDAR BR PUMP STATION-N R LAIMED WATER PUMP STATION CITY OF LAGO MST TEXAS MJ DUKE 512.197.7259 TE HAYNI rim HAYNIE 512.837.2446 516,365 MerA4 MSIrJJS 4-017 SLUDGE HANDLING IMPROVEMEM*-NEWTHICKENER AND PUMP STATION CITY OF GEORGETOWN TX JOELWEAVER 512.970.3555 CDM 512 16.1100 1 576 48 Nw•05 6601 CHE TRAIt NM/TP•NEW NMVTP WCIDJ147 MANCHE DEVELOP BRIAN BIRDWELL 572.346.8161 RIVER CITY WILL 612-442.7008 t 000 M •OS 4M1.06 5-015 WTP EXPANSION CITY OF ELGIN TK DOUG PRINZE $12-281-5724 HUNTER CRAIG BE 512-454-716 S 3868 408 JW405 16 2906 WTP ION-SOO OOO GPD WTP AN 31ON 6 BOLTED STEEL GST JONESTONN WSC JOHN TICH 512-287.7544 DAVIS NG CHUCK OAVIS 512.2573393 S 790,000 U605 Fe 1 TRIMMI CREEK GF"1'STATIDN-HEW GFT--TION CITY OF HARKER HEIGHTS TX MARK HYDE 254.963 5800 WALLACE GROUP JOHN KULAR 2m.772-0272 f 7 000 $@PAS Jun4S 5-029 LITTLE GFT STATKNN.NEW UFT STATION CrrY OF CEDAR PARK TK KENNETH WHEELER 512.258,4121 DACE DAWD AL EN 512317-400 000 Deo-05 J 06 5.926 CLARIFIER I PROVEMENTS PAJW CLARIFIERS d REPLACE WEIRS GTY OF CEDAR PARK TEXAS KENNETH WH LE 512.258.4121 CDM GREG SWOBODA 512-346•SiOO S 194< Jar408 5-030 818NER JtANCH WWM PHASE 11-WWTP EXPANSION TA OR•WOODROWNJC1Drs7 JIM LTER 552266.3065 RIVER CITY WILL PENA Si2i4 3640000 im-ca Mar-07 6.006 AVIS Cl2 SCRU REPAIRS•R AIRS ON ECRU ERR NG CITY OF AUSTIN TEXAS JAMF,.S KING 512.657.4053 HDR BERTO RODRKSU 512.912-6 00 106 870 Mer-0B M 0 2 S TIL PROC IMPROV A VALVE REPLACE CITY OF AUSTIN,TX JAMES KING 512.872.7794 LAN JOHN M H 51 2 <BON Ju47 5-023 AR DAVIS NTP PROCESS IM 6 EQUIPMENT REPLACEMENT CITY OF AUSTIN TX JAMES KING 512.972.1794 TURNER COLGE SHELBY ECHOES 512-72-4519 S 22618,W17 607 000-M Jun-07 5-024 WESTINGHOUSE TANK&WELL IMPROV CITYOFROUND ROCK TX DAVIDFR£IREICH 512563.1121 Com 8I L RIOT 812346.7100 546078 Oeo-08 JuW 6026 NEW HOPE WEST TANK 6 VALVE MOD CITY OF CEDAR PAR TX KENNETH WHEELER 512.256.4727 DAVXS CHUCK DAVIS 512.287.5393 199 978 -07 M T 6.030 IvVgsr BULL CREEK PUMP STATION CITYOF AUSTIN TEXAS BILLSTAUBER 512.972.0290 PARSONS ERIC DAWSON 552.71 S 863348 Feb-07 M 7-005 2W7 NTP IMPROVEMENTS CITY OF CEDAR PARK TX KENNETH WHEELER 512258.4121 HDR ROGERNOACK 512-912-5106 600 Mow T 7-014 STEINER RANCH PUMP STATION EXPANSION W00017 DEBBIE GERNES 512.286.1111 AMR CITY WILT P 512-442-M S 652 566 7 7-015 SIG DAVES PUMP STATION EXPANSION VY00 017 DEBBIE GERNES 512266.1111 RIVER C MU 512.44-3046 S 462 7 7 S SITE O NTROL OVEME CITY OF AUSTIN G JACKSON 512.972.7115 MA M RIU71 STEPHANIE 6UE 512�iN-0058 S 1 39765 04"7 Nov-06 7.030 C F N COMPOSITE ELEV ANK U CITY OF AUSTIN GEORGEJAC N 542.974.7197 CDM TT EW 0174 f 18 M 08 t0 7-35 H35 GROUN 57oRAG TANK AND PS GBRA GARYASBURY 830.379.6822 TRCENGINNERS LES SHELF $12-4544716 1,311,225 mw 00-W 7-037 MO M SHAFT S LATERALS REPAIR CITY OF AUSTIN GARYJACKSON 512.972.7515 MALCOLM PIRNIE IE SUE 51 f 2 IOD -08 48 94M LLANO V wm CITY OF LLANO FINLEY DEGRAFFEk 325-247..4M HEJL LEE I HERB DICIMNUT 512.54 4 380 400 6013 JON GST JONESTOWNW5C JOHNTISCHI 51 7.7144 DAVIS CHUCK DAVIS 512-207-W93 3 ZW860 J 6w0JR CEQAR?ARKQ0SSMPUMPlTAMN CITY OF CEW PARK JIM T ES 512.7 .7909 HDR ROGER NOACK 512-95 100 $ 243,007 A8 5-072 SAN I W W[P jCITY OF GEORGETOWN MICHEAL HALLMARM 512930.3569 CDM JAAER RMiREZ 512-340-1100 3 564 676 JUHN 9.025 HIGH SERVICE RUMP STATIONIMPROVEMENTS ITY OF ROUND ROCK DON UN 512.218.5554 CAM GREG DA 51 1100 f 940200 Juw)e J WH JONESTOWN HIQ PUMP STA JONESTOWN WSC JOHN TT Hr 51 .7144 DAMS CHUCK DAVIS i• 7-53 965 -09 4002 FkLTER MEDIA REPLACEMENT LOOP 360 WSC CIO ARMHURST 512.4MI0371 GRAY JANSING MIKE W16MS 512.152-0371 15 157gm1JurI.O9 2 9.910 IFIL RMEDIAREPLACEMENT RIVER n.A_C4 MUD CIO ARMHURST 512.452-0371 GRAY JANSING MIKE WILLIAMS $12-02.0071 11 173.00q •09 5 9-051 BiSYANF PARK WATER IMP CITY OF 94STROP JAMES MILLER 512-321-2173 K FROSE THOMAS OWENS 512336.1704 S 878 915 20• 15-MV-1 9-013 CLARIFIER REHABILITATION CITY OF ROUND ROCK DON RUNDEL 512216.3664 CDM STEVE LYNK 512315.1 194,400 4 W 00 31 9.017 FINE SCREEN&PLATFORM HAYS CO MUD 05 JEFF GARRETT 512.923 4540 VIS ENGINEERI CHUCK DAVIS 512.287-M S 110 000 1 t 9-025 EMERGENCY INTAKE RELOCATE CITY OF CEDAR PARK SAM ROBERTS 512-256-0121 COOP SAM ER75 512.258-721 6 000 000 -10 4014 K[ND6 b EXPANSION KINGSLAND WSC EARL FOSTOR 325.388.6815 SO KALLMAN STEVE LMAN 512-18.4104 S 5 512125 114-Aug-10 4034 STEINER RANCH W WTP EXPANSION-2009 TRAVIS CTY WC81D NO 1T DEBBIE GERNES 612.26&1111 RIVER CITY WILL PENH _512-442-MM S 911.000 t-O4b09 5JuF10 9.947 XW WtP REHA ILTTATKON PROJECT CITY OF ROUND ROCK IJEFF BELL I 512.218.5554 CDM I STEVE LYNK 512-240-1100 2,797.40D I i-Nw•09 1 21-0-10 9.050 DDCK L CUR WTPIMPROVEMENTS CTWSC LEE KELLEY 2546902779 1 SDKALLMAN LARRYJEZEK 512.218.4404 s 6,074,400 Mar•19 Jul-110 10.003 WINDERMERE UV SYSTEM REPLACEMENT WINpERMERE UTILI7YC0 CRAIG STOWELL 512.679.9414 SR d GAY CRAIG STOWELL 512.679-0414 4t5OW JuP10 10 10.008 FILTER MEDIA A SLIDE GATE REPLACEMENT CITY OF LLANO FINLEY DEGRAFFEN 325.2474158 tg LEE DAN HEJL 512542-3292 S 110.300 7t -t0 1040 LIITU RIVER WWTP BELL COUNTY WCID NO2_ BILLY EASLEY 254.913.9267 KSA ENGINEERS JOSEPH DRAPER 512a424MB S 1,245 368 Oct-10 -10 10.009 TRAVIS CTY MUD 4 WWTP SPLITTER BOX TRAVIS CTY MUD 4 ROBERT FERGU 512.327.9204 URFEE ENGINEER HANK KIDWELL 512.327.9204 198 500 Feb-fl- Jun-11 7 AKrFACmMft- 9CRUA CHRIS LIPPE 512-215-9151 JACOBS GLENN BRIDGES 512.314-3100 6 3,007, Dw10 Oea11 io,m KINOSLANO MUD WWTP IMPROVEMENTS KINGSLAND MUD AICKMSYERS 325.388- 59 J.MIERTSCHIN J,MIERT SCHIN 512-3274705 257 MW-11 11 ID-037 ROUND MOUNTAIN PUMP TRAVIS CTY WCID 17 DEBBY 05ANES 512.2861111 RIVER CITY DAVID KNUEPER -512442. S 377 609 l l Oct-7 11.001 jRtVIS CTY MUD 4 TRI WT UNIT TRAVIS CTYMUD 4 RO RT FERE 512-327.9204 UR EE EN INEER OENNIS 6MONA 512.327.9204 S i$3,2w Feb-11 11 11 71 DAIS WfP CITY OF AUSTIN IMANE MRINI 512-974-7298 CDM OANCHaMESC 512.4724519 2270571 •It i3 ti-014 NBU CHEMICAL PHOPHOR REMOVALNEW BRAUNFEL$UTILITY LAN TAYLOR 830.06,8887 JONES d CARTER RY WEPLER 512441.9493 340 Od•11 Jan-13 11-075 NBU BELT FILTER PRESS PROJECT NEW BRAUNFELS UTILITY IAN TAYLOR 630.606.667 JON d CARTER LARRY WEPLER 512441- 93 1.313.250 Oct-11 Jao-13 11.027 14BU SOLIDS HANWjNG BUILD NG NEW BRAUNFELS UTILITY IAN TAYLOR 830.608.8667 JONES&CARTER LARRY WEPLER 512.441-9493 S 2197 X84 NmIll Mat-13 11-020 CITY OF CEDAR PARK KENNETH WHEELER 512.258.4121 HDR ENGNEERUNG AARON ARCHER 512.9123100 30138tB 00 cko-lt Jur-18 72.07 UPLANDS WTP TRIDENT FILTER REWZ WEST TRAVIS COUNTY PUA JASON MER 512.2&7.0100 URFEE ENGINEER OENMS LOZANO 72-327.9204 51,950-00 Jun•12 131w 12 ibLIBERTY HILL WELL 6 a 7 CITY OF LIBERTY HILL BRIAN KIRK 512.778.5449 STEGER B127FI 7_ AARON LAUGHLIN 5124309412 217A3.00 JL4-12 t3-Mu 12-024 FALLING WATER WELL IMPROVEMENT PROJECT AOUATEXAS BRENT REEH 512.94400 BURY 6 P ERS KELLEY FOWLER 3-12-728 011 738.00 2-Oct M 13 90 1 %Z-031 BUSINESS ACRES MP STATION CRY OF WOOOWAY 254-7724050 WALLACE GROUP 9 WALLACE 1 284-772-9272 9 ?.314,500.00 TA00 pao13 I&M CIRCLEVILLE PUMP STATION JONAH BUD BILLBROWN 512459.1285 OUFFCONSULTING WILLIAMASTON 2547583414 S 113343.00 --!--Oct J 13 12:2M CIELQ APARTMENT$LIFT STATION TRT-STARUTILrnES JASON LL 512-750-W12 BURYAPART E S 12 B-0011 45Q.$N.00 12 13 t-036 HIGHWAY 97 MLL IMPROVEMENTS CITY OF GONZALES GARY SHOCK 630872.3525 Lw ULAN BIELAWSK 512.381,8333 f 561 825.00 1-0c! 13 12-040 CAMP SWIFT WTP RENOVATIONS AQUA WATER SUPPLY DAVID FLEMING 512361d45i STEGER BIAMLIL AARON LAUGH 51210309412 S 2 032,00 Ocl•12 Od-t7 12-043 J FALLS CRY CITY OF FALLS CITY BRENT HOUDMANN M254-3242 I LNV ULIAN BIELAWS St2,381 8333 S 275 461.00 1-Od M -13 12-046 CRYSTAL FALLS ELF-VATED STORAGETANK&RIUMP MODS CITY OF LEANDER AIMEE HANIE 817.439.6668 K FRIESE DALE MURPHY 51-3361704 Y733 .0o FetO3 Jso-14 13.006 MADRONE PA MENTIS LIFTSTATION TRISTARUTILITIES INC. JASON L 512.766.5072 BURYEPARTN S JASON HOWELL 512.756.5012 2160 14- 1 13-004 SAR WWTP EMERGENCY R PAIRS CITY OF AUSTIN STEVE PARKS 512974.3578 CITY OF AUSTIN STEVE PARKS 577-97 S 556 mu w Mu-13 13 13.005 TRAVIS CTY MUD NO.4 SOUTH WTP TRAVIS COUNTY MUD 24 MATT MOORE 512.435.2300 MURFEE HANK KIDWELL 572327.9204 S 7491120.00 Oa-12 14 �AOUA W 1340 MCMAHAN WTP K DAVID FLEMING512,30MO43 NIA WA WA S 131 166, I- 13 13-014 ITY OF LW40 DISASTER RELIEF PROJECT CITY OF LLANO STRATUS PRDPERTI 512478.5788 HEJL LEE CHEM LFR 3-12-759.1286 378 685.00 N0w73 Mar-14 13-915 DAR K DONE L STORAGE TANK KEMPNER 1AISC DELORES G000 512-932.2715 STEGER 617Z- DJ DUBOS 552.930.9413 S 422 832.00 13-Noy 144Ar 13-037 ILAGOVISTAWTP31UCM-0 LAGO VISTA JDAVESTEWART I 512.267-1155 MDR SHAY 512 12.5100 S 1 788 00000 1 Jan-14 15 13-MO LANDMAR OONSE ANCY APT LIFT STATION TRISTAR UTILIZES INC. JASON HOWELL 512-706-6012 BURY d PMTNERS JASON HOWELL 512.75&5072 531000 /4' 14 14-003 N FT TATION WCID2I7 DEB IEG RNES 512-Wi-2422 C GIN RI WIL ENA 511-:442-M 178.0 •11 •f4 1 WWTP STTKMPt NGREPLACEM B SR AUTHORITY OM OVETS5124309966 BRA DONALD MALOVET62-8WOMQ6 16692.00 A44A Da614 t4-0t LOCKHEED SHAFT R &OTHERINSPECTION CITY OF AUSTIN I 312,974-709e ARCADIB k arch 512:527 3 4 567 f 15-Mev 1+023 ]LITTLE R I MENTIS BELL ID I` ILL 254.913.4287 KSAENGINEERS ALAN D 5t 1 164 365,00 1 1b•Mat 1 F NT FT ST XPANS N WCID82 DEBBIEG NES 612286.1111 RIVERC{TY WILLPENA 512.442.3006 9261 3,00 711 }4 7 15 14455 RanchLM S1a0on lTw0wMwHwm I Mktrw Soak I 512.586-7390 I MuHaa 17"147 512.327.9204 476 010,00 16-Feb I 15dW 15.003 [Shadow Croqk VANT-P lHm Sb*Lvw Creek DVLP Rkhattl T 512259.30175 TRC E J r Ra Wm 1 5124014140 14 2 0001)00.00 I 15-Mar 7 13-M LAKEWAY W-3 HSPS d SMISSWN LINES LA AY M EARL FOSTER 512261 5222 CE&C 512.51,92 f1 .00 4120 5 1 i11Mi2016 t C PSAELEVATED ORAD TANK SUB CITY OF AUSTIN LARRY LEIMER WITH LANDMARK 817.905.1025 3 .00 7112015 I91162015 15-4 WATER PLANT IM -PHASE 3 CITY OF MARBLE FALLS ERI:SELAJ 830.798.7063 TEVE KALLMAN 612210.4401 S.D.KALLMAN SS S DO ?fl=15 382018 15-030 N TERWFAMaARAE RECOMIN5MBVL3 BCRUA ITOM GALLIER I HEIR ENGINEERING 512.258.4121 5424 700.00 1/1/2015 1!112016 t ftgtl Jlan Waa I Omm Rim Aultiorliv lim pin I 261.781-3100 I Arcede I Mi Ak 972-234-3711 t 176000 1 Nor�i6 15.034 JAE WOOD FISH HATCHERY FILTER RENOVAT10N5 ITEXAS PARKS d WIQDLIFE ICHUCKSLUE 512.027.4337 XAS PARKS&WILD CHUCK BLUE St2.627.4337 1 $1.167W- MD I 11172875 r ShIM011611 115,W9 lHU3H E PUMP gj.TION IMP M NTS I LONE STAR REGIONAL WATER NVIBILL LAWSON I 512.740.9678 I S.D.KALLLLAN I STEVE KhLLMAN 1 5.443.00 1111 5 9!18!2018 15-048 WASTEWA R TREATMENT PLANT EXPANSION CITY OF MARBLE FALLS ERIC B£LAJ 630.798.7083 HDR RIS 51 .912.5709 2458 .00 111112016 1 14!22018 16014 1 LIFT STATION UPGMM ICITY OFWESTLAKE- 1werAvesift 512.327-3828 I KFrleae 1 Wh MLviw I 512436.1704 $169000.00 812IP20151 10232018 184115 CLFARWELL TIiM REDUCTION MODIFICATIONS KEMPNER WATEF7 SUPPLY Oe"Goods 512.932.3707 SI Blxut Sam Dame 512.930.D412 293 700.00 TBO 11152017 16025 LAGO TREATMENT PLANT 140.1 LAGO VISTA 16028 NORTH WWTP REHAB TC MUD 64 - 164)31 W TER MEATMENT PLANT CONTROL ROOM RENOVAT10N5 CITY-OF-CEDAR PARK TJ DWwldn■PE 512401.3550 1 CH&RuaMreh 512.23&lWS789 050.00 6221-3016 171712016 16-033 CAUGHFIELD WILLGO,MUD 32 16443 RAW WATER INTAKE VALVE REPLACEMENT TC VYCID 220 RobenF 1 512.3279240 URFEE ENGIN£FRI .!aeon gam 512427.8204 S 87600,00 ti17120t8 2/182017 16.048 AARM46164MFPi1E;7ABw CEDAR PARK 16455 LOST CREEK RESERVOIR REHAB 15LASTC0 _ 15057 CP 21118 WRF R i-" CEDAR PARK 16.083 CITY OF JUNCTION FILTER REHAB JJUNCTION 17.011 CROSSROADS CURT2RTTT PAS '�' �i LLA-i V1�1P excEt Q1RRENT JOBS IN PROGRESS CURRENT ESTIMATE[ CONTACT CONTACT CONTRACT START COMP JOB* INAMEIDESCRIPTION JOWNER CONTACT PHONE ENGINEER CONTACT PHONE AMOUNT I DATE I DATE 1&039 IMONTOPOLIS RECLAIMED WATER INITIATIVE STORAGE CTTY OF AUSTIN John WeprykW 512.974.7010 CH2M Hiw I Tie JmkftDe 1 512.249.3331 10,826 000.00 3/27/2017 8112/2018 16-044 12016 HEADWORKS IMPROVEMENTS PROJECT TC MUD NO.1SOanlel Tatum 512.246.1400 JONES CARTER Kaft MltcW 512.441.9493 $ U5,614.00 311/2017 12012017 1&049 TAYLOR LANE 0.1 MGD PROJECT CLUB DEAL 120 Elena Culshaw 813.503.3266 SMITH TURRIETA Susan Turrieta 512-589.9022 3,790.852.56 121112016 10/2712017 17.001 1 SENNA HILLS 0.1 MGD MBR WWTP EXPANSION SENNA HILLS MUD Krlstl Hester 5124441041 IMURFEE ENGIMEERINg Jason Baze 512327-9204 1 S S 225.90 5/2/2017 2116/2018 17-010 JAUSTIN COLONY SWWC UTILITIES Joe Torralva 512-219.22W Travis AssWates Joe EtzW 512-2953485 $ 4,290,090-OD 6/512017 5111/2016 17-017 1 KINGSLAND MUD WWTP IMPROVEMENTS PHASE 2 IKINGSLANDMUD Anita LaBier 325-388-4559 DCS ftimed2g Dam"Slmzewskl 512-614-6171 S 2 tl69100.00 711112017 61812018 17.029 PEARCE LANEWWfP jouslico lVara Mascara I W-37i-89371 CBD Owen Gates 512-2805160 8,542,413 12/412017 I 2/112019 EXCEL CONSTRUCTION SE TOOL INVENTORY DATE OF INVENTORY: ITEM SURVEY EQUIPMENT BW Industries Micro 5 PID CL2 Gas Detector BW Industries MicroCli XT Gas Detector BW Industries MicroCli XT Gas Detector BW Industries MicroCli XT Gas Detector BW Industries MlcroCli XT Gas Detector BW Industries MicroCfi XT Gas Detector BW Industries MicroCfi XT Gas Detector Hilts Rebar Detector Lelce TC410C Total Station Leica TC410C Total Station LEICA LEVEL Leica Laser Leica Level LEITZ LEVEL Lelea Loves Leica Level Model NA 724 Leica Level Model NA 724 Leica Level Model NA 724 Leica Level Model NA 728 Leica Rugby 810 PENTAX THEODILITE Leica Theedilite LOT-05 Pentax Level NIM AFL-240 SCHONSTEDT MAGNETIC PIN Lctr Schonstedt GA-52CX Pin Locator CST Berger Auto Level Motorola CP200 Motorola CP200 Motorola CP200 Motorola CP200 16 Channel Radio Motorola CP200d 16 Channel Radio Leica ICON ICR85 Robotic Total Station Leica ICON CC80 Tablet Controller Leica ICON Building Software Leica MPR122 PRO PRISM Leica Telescope Pole I Accessories SAFETY Confined Space Tripod Systems 50' Guardian Edge Series Retractor 30' Guardian Ede Series Retractor 30' Guardian Ede Series Retractor 30' Guardian Edie Series Retractor 30' DBIlSALA Rescue Davis DBIISAL.A Rescue Davis DBIISALA Floor Mount Sleeve D8I/SALA Floor Mount Sleeve DBI/SALA Retractable Weline 130' DBUSALA Re ractable Lifeline 130' Pace Top Hat16'Enclosed Utft Trailer CS716TA2 18'Utility Trailer tic#taZVRN ELLIOT 2001 ITEM '18"Utility Trailer tic#18Z-VRN_ T� 18'2007 Later FlatbeFlatbed Trailer 78ZRDDD 20'Lamar 2012 CarhaulerlFlatbed Trailer#43261L 22'Homemade Boat Trailer _ 26"1998 PJ Gooseneck Trailer 2013 Lamer Utility Trailer#199964H 2014 Carpo Craft Expedition Trailer Miller Welder Playcraft Boat 523SDJ _ ,Waterdog5M Water Trailer 300-600 Gal 640505 ram I Rand 100_r_ 2091 Dooean Forklift 625E5 . Ingersoll Rand _ 20'Cargo Worthy Container _ 20'Sto,a Container 20'Storan a Container 20'Stara a Container 20'falcon Box _ 20'Falcon�Box „ 20'Storage Container 20'Stora a Container Cat 4260 SH-1 Cat 420D SH-3 Cat 420F Cat 420E BH-6 Cat 420E SH-7 Cat 420 4SX BH-8 Volvo 240 EXC-1 Volvo L70 L-1 2014 Volvo Excavator E_C300DL _ Kent KF9UTHydraulic Hammer iKent KF84T Hydraulic Hammer 20'Storal3e Container Machinery Skates _ MANLIFTS Genie 26'Scissor Lift-Model GS-2646 Genie 28'Scissor Lift-Model GS-2846 Genie Su rllft COMPACTION EQUIPMENT Honda Rammer Y-4850 Bomag Walkbehind Compactor Wacker Dirt Compactor M#kita Jurnpins Jack Mikasa Jumping Jack Multiquip Rammer 2012 Jumping Jack MTX70 Multiquip Rammer MTX80 Wacker Plate ComPactor Wacker Plate Com actor Wacker Plate Com ctor Mikasa Rammer Air Rock Drills Air Rock Drills Wacker Rammer Com ctor BSWAIS ITEM GENERATORS Troy-Built Generator 5.5 KW model 0914 Powerstroke Generator MIN PS9050008 werstroke Generator PSS0500B Husky 3860 Generator Yamaha Power Mate 5700 Generator GM Model GPO Manhole Blower Manhole Blower-Electric-EPS Manhole Blower-Electric-EP8 Tro bilt AcyGas Blower T84SC Generator Honda Generator Honda Generator Honda 6500 Watt Wheeled Generator WATER PUMPS Pressure Washer Clean Team Pressure Washer 1800 PSI Simpson Pressure Washer Dewalt 3800 PSI Pressure Washer 2"Submersible Pum !Float Switch 2"Submersible Pum 2"Subersible Pum 2"Submersible Pum Wacker 2"Submersible MIN PS2500 Rice H drostadc Test Pump Model:DPH-3B Wacker 3"Trash Pump Gas Model:PT-3A Wacker 3"Trash Pump Gas Model PT-3A Honda 2"Trash Tsumami 2"Submersible HS 2.5 Tsurumi Model HS2-4S 2"Submersible Pum Tsuruml Model HS2.4S 2"Submersible Pum Tsurumi 2"1HP 1-8800 Submemlbte Pum Wacker 3"Trash Pum -PT3A Honda 3"Trash Pum Wacker 3"Trash Pum Godwin sub rime GST-06115 submersible Ponstar Submersible Pum Ponstar Submersible Pum Wacker PT3A 3"Trash Pum 3"Water Pum 314"Submersible Pum 314"Submersible Pum 314"Submersible Utility Pum GAS SAWS S DRILLS NORTON CLIPPER WALK BEHIND SAW Milwaukee Core Drill Milwaukee Core Drill Hua uarna Core Drill DM230 Poulan 18"Chainsaw Echo CS-310 Chain Saw Hus vama 445 Chainsaw Stihl Chain Saw MS 271-18 Homelite Chain Saw Homerlits Chain Saw Hus Sarna Electric Quickie Saw ITEM Partner K760 Gas Cutoff Quickie Saw SUM TS 460 Quickie Saw Stilh Quickie Saw STIHL QUICKIE SAW Stiht Cutoff Quickie Saw Stihl TS420-14 Cutoff Saw Stlhl TS420-14 Cutoff Saw Stihl TS420-14 Cutoff Saw Stihl T8420-14 Cutoff Saw Stihl TS420-14 Cutoff Saw 5tlhl Kwlk Saw Stihl TS420-14 Cutoff Saw CONCRETE TOOLS Bull float Milwaukee Core Drill Hus vama FS413 Walk Whind Concrete Saw Walker Packer Hus vema Walk Behind Saw Wacker Concrete Vibrator M2000 Wacker Concrete Vibrator M2000 Wacker Concrete Vibrator Wacker Concrete Vibrator M3000 WYCO EIEG VIBRATOR co Concrete Vibrator MX 3000 W co Concrete Vibrator Wacker Concrete Vibrator Oztec Pencil Vibrator 1.2MM Alien Power Screed Machine ROTARY HAMMERS BOSCH HAMMER DRILL BOSCH HAMMER DRILL BOSCH HAMMER DRILL 11240 Bosch Electric Jackhammer 1160[ BOSCH ROTO-HAMMER BOSCH ROTO-HAMMER Bosch Bulldog MM 11224 Rotohammer Bosch Bulldog MM 11224 Rotohammer Bosch Bulldog MM 11224 Rotohammer Bosch Hammer Drill Bosch Hammer Drill Bosch Rotohammer Bosch Rotohammer Bosch Rotohammer Bosch Bulldog mm 11224 Rotohammer Concrete Chaln Saw Hilli TE60 A&G Hiiti TE60 A&G Hilts TE 60 ATC Hammer Drill HIM Hammer Drill Hilt€TE 60 ATC combihammer Makita Rotary Dril Makita Rotag Hammerdritl wlGrinder Dayton 20"Drill Press Dewalt DC0995 Cardless Hammer Drill Dewait yammer Drill Huskasvara Hand Core Drill ITEM ELECTRIC POWER TOOLS DEWALT CORDLESS Drill DEWALT CORDLESS Drill DEWALT CORDLESS Drill DEWALT CORDLESS Drill Dewalt HD Drill Milwaukee Ma nefio HD Drill Dawalt Cordless DC 728 Dawalt Cordless 12V Dawalt DCD760 18V Cordless Drill Devwalt 112"Elec.Dril Devwalt 112"Etec.Drd Dawalt 112"Drill Dawalt 112"Drill Kobalt 10 Am ill"Drill Dawalt 112"Electric Drill Dawalt 318 Electric Drill Dawalt Cordless Impact Drill Dawalt Cordless Impact Drill Dawalt Cordless Impact Drill Dawalt Cordless Impact Drill Dawalt 318"Electric Drill Dawalt 318"Electric Drill Dewalt 112"Cordless Drill Dawalt Model DWG214G 1f'Drill Dewalt Drill MILWAUKEE 112"RT.ANGLE DRILL MILWAUKEE 112"RT.ANGLE DRILL Milwaukee Model 0370-20 318"Rt Angle Drill Milwaukee 112"Drill 1660-6 Milwaukee 112"Drill min 300-20 Milwaukee 112"Drill Makita 112"Drill Rid id 112"Drill Rigid 112"Drill Rigid 112 Drill Rid Id Electric Screw drill Dawalt Screw Gun 20"Drill Press 8"brill Press Bosch 7"Grinder Makita 4"Grinder MskKa Grinder Kobalt 4112"Grinder Dawalt Model D28402 Dawalt Model 028402 Grinder Dewalt Model D28402 Grinder Devwalt 41/2"Grinder Dawalt Grinder Dewatt Grinder Dewait 4:Grinder Dewalt 4"Grinder Dawalt 4 112"Grinder Dewalt Grinder Dawalt Grinder Dowell;Model DC411 Cordless Grinder Mltwaukee 4 112"grinder min 6148 ITEM Dewalt Angle Grinder Milwaukee 7"Grinder model 6088-20 Makitta Grinder Hllti Model DAG 450 S Angle Grinder _ Porter Cable 4"Grinder Porter Cable 4"Cordless Grinder Milwaukee Circular Saw model 6390-20 Milwaukee Circular Saw model 6390.20 Milwaukee Circular Saw model 8390-20 Milwaukee Circular Saw Model 6730-21 Milwaukee Cutoff Saw model WS-20 FtYobI Cut Off Saw Dewalt 14"Cutoff Saw Milwaukee MetalCutting Saw Milwaukee heat gun Dawalt 7 114"Skillsaw Skillsaw 7-1W'Circular Saw Dewatt Circular Saw Model OW368 Dewalt Circular Saw Model OW368 Dewalt Circular Saw Dewalt Circular Saw Dewalt SkilSaw 7-1.4" Dewalt Skil Saw Mikita Skill saw Skilsaw, Dewalt Skillsaw S587 Rigid 7-114"R-3200 Skill Saw Milwaukee Band Saw Milwaukee Band Saw Milwaukee Band Saw Milwaukee band Saw Stihl Quickie Saw Stlhl Quickie Saw Gewalt Cordless Sawzall Porter Cable Sawzall Milwaukee Sawzall Dawait Sawzall Milwaukee Saw Zell Milwaukee Sawzall RYOBi IS 1301 MITER SAW Dewah 12"Miter Saw Dewalt Jig Saw Dewalt Jig Saw Porter Cable Jig Saw Dewalt Chop Saw Rigid f0"Portable Table Saw Porter Cable Table Saw Milwaukee Magnetic Drill til id Threading Machine 112 hp with stand Rigid Pipe Threader Model 700 PIE2 Threader hand &Oiler ftid Pipe Threader Milwaukee 314"Impact wrench min 9076-20 Milwaukee 314"Im ct wrench min 9075-20 Milwaukee 314"Impact wrench mtn 9075-20 Milwaukee 314"Impact Wrench Milwaukee impact Wrench 314? t)ewait DW294 ITEM Dewalt DW294 Dewalt DW294 Dewalt 3i4"Impact wrench min DW294 Dewalt 314"Impact Wrench min DW294 Dewalt Cordless Impact Impact Wrench Impact Wrench Dewalt 314"impact wrench min DW294 Dewalt DWO59 V2"Cordless Impact Wrench Dewalt DWO59 112"Cordless impact Wrench Dewalt 112"Cordless Impact Wrench Dewalt Impact Wrench Dewalt Impact Wrench 112 Huskyt Air compressor Porter-Cable Air Compressor Elec Dewalt AIr compressor elec. Huskey Air Compressor DA2630B Hitachi 135 psi Air Comeressor Porter Cable Air Compressor Porter-Cable 18 gal Brad nailer Dewalt Compressor Milwaukee Magnetic Drill-2 Chuck HYDRAULIC TOOLS RGC HYDRAULIC PUMP HV1810 WARN HYDRAULIC WINCH SPXlPowerTeam electric hydraulic pump Hydraulic Pipe Cutter LADDERS&SCAFFOLD Wemer 12'Fiber lass Stee Laddes Wemer 20'Fiber lass Extension Ladder Werner 24'Aluminium Ladder Werner 20'Extension Ladder 6"Stop Ladder b'Fiberglass Ste ladder Werner 8'Aluminum Stop ladder B"Stop Ladder 8'Stop ladder 32'Extension ladder 32'Extension ladder 40'Extension Ladders 2 MATERIAL HANDLING&HOISTING RAYMOND RTM 27X48 PALLET JACK PALLET JACK Crown WS-2000-40TT walkie stacker Genie Duct Jack Genie Duct Jack Milwaukee 2 Ton Chain Fall PR-B EVERYTHING ELSE 8"Test Ball 12"-18"TEST BALL 12"-18"TEST BALL ITEM Hydrostatic Pum Hydro Test Pump wlftly Tank 18"-30'Test Plug Victor cutting torch Victor oxygenregulator Victor acetylene mgulator Victor acetylene reutator Victor acetylene regulator #3 ACETYLENE CYLINDER 1ACETYLENE 126 CF OXYGEN CYLINDER 1 OXYGEN Radnor Cutting Rig 1 Ace fens 2 Oxygen Victor Accty Victor 02 BANDING MACHINE&CART BANDING MACHINE&CART TroBilt Weed Trimmer Echo String Trimmer Echo Weed Trimmer GT225 Chore Master Power Spray 300OPSI Dewalt Cardless Flash Light Floodlights w/Stand Fan Maxxair Pro 24 Fan Maxxalr Pro 24 PROPANE AREA HEATER Master Kerosene Heater MH-190TKFA Wright 3/4'for ue wrench Edge Hydrauitc3/4 Drive Torque Wrench warm FU id 3.611P Vac Rigid 6 ai Vat Shop Vac 16 Gallons Moklta Drill Sho Vac R obi Drill R obi Drill R Obi Impact Drill R obi Impact Drill Welding Machine Miller Welding Machine DIVE EQUIPMENT 15 EA 80 CF TANKS 6 EACH 100 CF TANKS 5 EACH REGULATORS 5 EACH DIVE COMPUTERS 5 EACH BUOYANCY COMPENSATOTRS 2 EACH 500#LIFT BAGS 5 EACH DIVE PACKAGES INC SNORKELS, WET SUITS,FINS,GOGGLES,FLASHLIGHTS. ROPES,QUICK CONNECTS ETC SCUBAPRO MK25 EVO/S 600 REGULATOR ITEM SHERWOOD WISDOM 3 COMPUTER COMPASSJQD ZEAGLE RANGER BC Wl RIPCORD SYSTEM LR ID h Task Name Duration Stan Finish July August September October November =7`man& =-�_Fmn p _ I 1 da Notice to Proceed I day Mon&13118 Mon 8113718 2 Submetal Proms 65 days Toe 8/14118 Mon 11112718 3 Erosion Cootrale t day Tue&14118 Tue&14118 4 Conalrh d on Slaking 1 day Wed&15118 Wed 8115118 5 Subgrade and Pad Prep 5 days Thu&16118 Wed 8722118 6 Install Undersleb Pepin 2 days Thu 823118 Fri 82418 7 Farm Ledge 2 days Mon 8127158 Tue 828118 8 Place rebar fw ledge I day Wed 8R&18 Wed 629116 j 9 Pour Ledge 1 tlay Thu 11130118 Thu 8/30118 ir 10 Form Slab 4 days Fp 8130118 Wed 915118 i 11 Rebar for Slab 2 days Thu 9!8118 Fri 9r7118 12 Pow Slab 2 days Mon 9110118 Tua 9111118 13 Form Walls 5 days Wed 9112118 Toe 911&18 imp 74 Plsce Mea Ior woos 2 days Wed 9119118 Thu g/1M18 i 15 Wee Pour 2 days Fn 921118 Mon 9/24118 i 16 Construct Equlpmenl Pads 3 days Tue 9125718 Thu 927118 Ir Install Poly Tank 1 day Fn g2&18 Fri 928118 18 Install Diaphragm Pump Skids 1 day Mon 1011118 Mon 1011I18 19 Install Translar Pump 1 day Two 10/2118 Toa 1012118 j 20 Install Booster Pumps Itlay Wed 1M37T8 Well 10+3118 21 Install Sump Pump 1 day Thu 1014108 Thu 10/4118 j 22 Install 2'Water Lela 5 days Fn t0/&18 Fri 1 0/12118 23 Install chem lines(314-and 4)to Shoreline 14 days Mon t0115118 Thu 11.11118 24 Run chem lines to Bargee 4 days Fit 1112118 Wee 1IR113 I= 25 Install(9)Taps for chem feed in RW headers 3 tlays Thu 717&18 Mon 75/12/18 in 28 Install mist metals 9days Tue 11113718 Thu 112208 alm1 27 install heat traoehnsuhlbn 12 days Fn 11!23118 Mon 12110/78 28 tnstall FRP enM$ureWspl I containment 2 drys Tue 12111118 Wed 12112118 29 See Electrical 90 days Thu 56178 Wed 119119 33 Sr-ADA M days Thu 1!3119 Thu 1!24119 31 Site Gredmq 2 days Fri 12/1&58 Mon 12131'18 /! 32 Coatings 1 days Mon 12-W'8 Wed 1215118 l� 33 Start-up th".Feed 3 days Fn 125!19 Tue 129/19 i 34 Substanlud Completion 1 day Wel!I.lUl9 Wed 1130/19 3} Punchhst 13daya Thu0-3U19 Mon 2110119 36 Remedlalim 3 tlays -"2119119 Thu 2121119 37 Final Completion I day Fri 2122119 Fn 222(19 Task Project Summary *-- Inactive Summary Manual Summary Eatamal Milestone C' Prolecii Austin Cenony,WWTF Espana Split ., Ememall Tasks 72DPft%30n2K4tiL, Manual Task Start-oniy Progress Dare June 2017 Mlleslane ♦ Enemal Milestone w Dursw—nly Flmsh-onty Nadhne Summary r—lisia-1 Inadlve MdCstone Manual SummaryA9arW Eslemol Tasks BCRUA Zeb/a Mussel Control PIQ)W Paper ---- ---- - - July 20'.8