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BCRUA_R-10-01-20-7B RESOLUTION NO. R-10- 01- 2D-76 WHEREAS, the Brushy Creek Regional Utility Authority ("BCRUA" ) desires to enter into an agreement with Fugro Consultants, Inc . for construction materials testing and geotechnical services, Now Therefore BE IT RESOLVED BY THE BRUSHY CREEK REGIONAL UTILITY AUTHORITY, That, subject to the approval of the Participating Cities, the Board President is hereby authorized and directed to execute on behalf of the BCRUA an Agreement for Consulting Services for Construction Materials Testing and Geotechnical Services for the BCRUA Regional Water Treatment Plant Project with Fugro Consultants, Inc . , a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes . The Board hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 20th day of January, 2010 . MITCH tYU R, President Brushy Creek Regional Utility Authority TTEST: and Secretary Agreement for Consulting Services for Construction Materials Testing and Geotechnical Services for the BCRUA Regional Water Treatment Plant Project with Fugro Consultants, Inc. AGREEMENT made as of the day of the month of in the year Two Thousand Ten(2010). (!n words,indicate da),,month wad year.) BETWEEN the Brushy Creek Regional Utility Authority,identified herein as the"BCRUA": (Nance,address and other information.) BCRUA 221 East Main Street Round Rock,Texas 78664 and Consultant,identified herein as"Consultant"or"Fugro": (Nance,address and other it forucalion) Fugro Consultants,Inc. 8613 Cross Park Drive Austin,Texas 78754 For the following Project: (Inchide detailed description of Project) Consulting services including providing construction materials testing and geotechnical services,such services to include(by way of illustration and not limitation)certain project management and administration services,and observation and testing of the following construction materials if and when requested by BCRUA: earthwork testing, shallow foundation or footing inspection,drilled pier inspection,concrete reinforcing steel inspection,concrete testing,flowable fill testing,post-tensioning inspection, tumiel grout testing, welding and bolting precast concrete inspection, structural masonry testing, spray applied fireproofing testing and inspection, inspection of through penetration firestops, steel coating testing, exterior cold-formed steel studs, and asphalt testhig;and the following geotechnical engineering services if and when requested by BCRUA: field investigation consisting of soil borings,rock coring and test pits; laboratory classification tests;volume change tests;strength tests;moisture density relation tests; engineering analyses for volume change,bearing capacity,pier capacity, slope stability, soil heave potential,rock slope stability;and engineering report writing and troubleshooting.All such services shall be on site of said Project located in Williamson County,Texas. BCRUA and Consultant agree as follows: ARTICLE 1.1 INITIAL INFORMATION 1.1.1 This Agreement is based on the following information and assumptions. (Note the dispositiocc for the following items by inserting the requested hforcnalion or a statement such as "not applicable," "untvrown at line of execution"or'to be determined later by nnclual agreencent.') 1.1.2 PROJECT PARAMETERS 1.1.2.1 Tile objective or use is: (identify or describe,if appropriate,proposed use or goals.) Objectives include, but are not limited to, obtaining consulting services from Fugro including providing construction materials testing services on site of the Regional Water Treatment Plant Project for BCRUA. 1.1.2.2 The physical parameters are: (/denlh,or describe,if appropriate,sire,location,dimensions,or otherpertinenl infDrination,such as geotechnical reports about the site.) 1.1.2.3 BCRUA's Program is: (Iden!fj,documcentation or slate the manner in which the program will be developed.) 00180662rkg E X 1 HI I T "A 1.1.2.4 The legal parameters are: (/dentif pertinent legal information,including,if appropriate,lard sun-e}s and legal descriptions and restrictions of the site.) 1.1.2.5 The financial parameters are as follows: The estimated fee for the projected cost for Fugro's consulting services shall be a not-to-exceed amount of$175,000.00, comprised of the following services: See Exhibit"A" attached hereto and incorporated herein for all appropriate purposes,the said Exhibit"A" containing"Consultant's Responsibilities"and"Fees for Geotechnical and Materials Engineering Services" attachments. The fee shall be full compensation for all services performed and to be perfonned by Consultant under this Agreement, and such not-to-exceed amount may not be revised in any fashion other than by written Supplemental Agreement as provided for herein. BCRUA shall pay Consultant oil a"time and materials"basis,Fugro agrees to accept payment from BCRUA on such basis, and the parties expressly agree that only work actually performed by Fugro will be paid for by BCRUA. • BCRUA may require the services of Fugro on an on-call basis as scheduled by BCRUA's representatives. Fugro requests twenty-four(24)hour notifications to properly schedule work. • Any services provided by Fugro on Saturdays,Sundays,holidays,and all work in excess of"normal"work hours,as herein defined, will be charged at all overtime rate of 1.5 times the appropriate hourly rate. The parties evidence their understanding that the projected cost of consulting services($175,000.00)is based on the assumption that most services will be provided during "normal"work hours, and that providing an excessive amount of services during days and/or hours requiring overtime rates may increase the total cost of services indicated herein. On-site cancellation outside of"normal"work hours will result in a four(4)-hour minimum labor charge. • "Normal"work hours are defined as between 7:00 am and 6:00 pill, including travel time to and fi•om the site unless stated otherwise, Monday through Friday. A minimum of two (2)hours technician time will be assessed per call- out. Overtime charges will be assessed after eight(8)continuous hours of service rendered during"normal" work hours. • invoices shall be submitted monthly for work done in standard format acceptable to BCRUA. Invoices are due and payable upon receipt, in accordance with Section 1.3.9.1 and Section 1.5.3 of this Agreement. The parties evidence their understanding that this Agreement is performable in Williamson County,Texas. In the event that the State of Texas legislates a sales tax on professional services, the amount of tax applicable will-be added to the appropriate service rate charged by Consultant. 1.1.2.6 The time parameters are: (Identify,if appropriate,milestone dares,durations or fast track scheduling.) Thirty-six (36) months from Consultant's receipt of BCRUA's written Notice to Proceed, with no prohibition against renewal by mutual agreement. 1.1.2.7 The proposed procurement or delivery method for the Project is: (/dente method such as competitive bid,negotiated contract,or construction management.) Consulting services herein are engaged by this negotiated Agreement. 1.1.2.8 Other parameters are: (!dent fy special characteristics or needs of the Project such as energy,environmental or historic preservation requirements.) 1.1.3 PROJECT TEAM 1.1.3.1 BCRUA's Designated Representative is: (List none,address and other information.) 2 Michael F.Thuss,P.E. BCRUA Program and Construction Manager 221 East Main Street Round Rock,Texas 78664 1.1.3.2 The persons or entity, in addition to BCRUA's Designated Representative, who is required to review Consultant's submittals to BCRUA are: (List name,address and other information) Unknown at this time. 1.1.3.3 BCRUA's other consultants and contractus are: (List disciplitre aqui,if ktroivrt,ideinh,tliem by rimae and address.) Unknown at this time. 1.1.3.4 Consultant's Designated Representatives are: (List name.address and other information) John A.Wooley,P.E. Fugro, Senior Vice President 8613 Cross Park Drive Austin,Texas 78754 1.1.3.5 The consultants retained at Consultant's expense are: (List discipline and,if known,Identify them by name and address) 1.1.4 Other important initial information is: It is expressly understood and agreed by and between the parties hereto that any alteration in schedule,compensation and Change in Services shall be effected only by Supplemental Agreement hereto. Any such Supplemental Agreement to this Agreement must be duly authorized by Board action. ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES 1.2.1 BCRUA and Consultant shall cooperate with one another- to fulfill their respective obligations under this Agreement. Both parties shall endeavor to maintain good working relationships. 1.2.2 OWNER'S RESPONSIBILITIES 1.2.2.1 Unless otherwise provided under this Agreement,BCRUA shall provide full information in a timely manner regarding requirements for and limitations on the Project. BCRUA shall furnish to Consultant, within fifteen (15)days after receipt of a written request, information necessary and relevant for Consultant to evaluate,give notice of or enforce rights. 1.2.2.2 BCRUA shall establish and periodically update the budget for the Project,including that portion allocated for the Cost of the Work,BCRUA's other costs,and reasonable contingencies related to all costs. 1.2.2.3 BCRUA's Designated Representative identified in Section 1.1.3 shall be authorized to act on BCRUA's behalf with respect to the Project. BCRUA or BCRUA's Designated Representative shall render decisions in a timely mariner pertaining to documents submitted by Consultant in order to avoid unreasonable delay in the orderly and sequential progress of Consultant's services. 1.2.2.4 Unless otherwise provided in this Agreement, and if requested in writing, BCRUA shall furnish or pay for tests,inspections and reports required by law. 1.2.2.5 BCRUA shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet BCRUA's needs and interests. 3 1.2.2.6 Each party shall provide prompt written notice to the other if either becomes aware of any fault or defect in the Project,including any errors,omissions or inconsistencies. 1.2.3 CONSULTANT'S RESPONSIBILITIES 1.2.3.I The services performed by Consultant shall be as enumerated in Article 1.4 and as enumerated elsewhere herein,in attached and accompanying documents,in exhibits,in supplemental documents,and in related documents. 1.2.3.2 Consultant's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. Consultant shall submit for BCRUA's approval a schedule for the performance of services which initially shall be consistent with the time periods established in this Agreement and which may be adjusted,if necessary and approved BCRUA, as the Project proceeds.This schedule shall include allowances for periods of time required for BCRUA's review, and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by BCRUA shall not, except for reasonable cause, be exceeded by Consultant or BCRUA. 1.2.3.3 Consultant, through its Designated Representative identified in Section 1.1.3.4,shall be the person authorized to act with respect to the Project. 1.2.3.4 Consultant shall maintain the confidentiality of information specifically designated as confidential by BCRUA, unless withholding such information would violate the law, create the risk of significant harm to the public or prevent Consultant from establishing a claim or defense in an adjudicatory proceeding. 1.2.3.5 Except with BCRUA's knowledge and consent, Consultant shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise Consultant's professional judgment with respect to this Project. 1.2.3.6 Consultant shall review laws, codes,and regulations applicable to his services. Consultant shall respond in the Project to requirements imposed by govermnental authorities having jurisdiction over the Project. 1.2.3.7 Consultant shall be entitled to reasonably rely on the accuracy and completeness of services and information furnished by BCRUA. Each party shall provide prompt written notice to the other if either becomes aware of any errors, omissions or inconsistencies in such services or information. ARTICLE 1.3 TERMS AND CONDITIONS 1.3.1 COST OF THE WORK 1.3.1.1 The Cost of the Work shall be the total cost or,to the extent the Project is not completed,the estimated cost to BCRUA of all elements of the Project designed or specified by Consultant. 1.3.1.2 The Cost of the Work shall be as delineated herein in Section 1.1.2.5. 1.3.2 INSTRUMENTS OF SERVICE 1.3.2.1 Drawings, reports, specifications and other documents, including those in electronic form, prepared by Consultant are for use solely with respect to this Project. All Consultant's designs and work product under this Agreement, completed or partially completed, shall be the property of BCRUA to be used as BCRUA desires,without restriction on future use;by execution of this Agreement and in confirmation of the fee for services to be paid under this Agreement, Consultant hereby conveys, transfers and assigns to BCRUA all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property i rights acknowledged by law in the Project designs and work product developed under this Agreement. Copies may be retained by Consultant. 1.3.2.2 Upon execution of this Agreement, Consultant grants to BCRUA permission to reproduce Consultant's Instruments of Service for purposes of constructing, using and maintaining the Project, provided that BCRUA shall comply with all obligations,including prompt payment of all sums when due,under this Agreement. If and upon the date Consultant is adjudged in default of this Agreement, BCRUA is permitted to authorize other similarly credentialed 4 persons to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service for the purposes of completing,using and maintaining the Project. 1.3.2.3 BCRUA shall not assign, delegate, sublicense,pledge or otherwise transfer any permission granted herein to another party without the prior written agreement of Consultant. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of Service shall be at BCRUA's sole risk and without liability to Consultant. 1.3.3 CHANGE IN SERVICES 1.3.3.1 Change in Services of Consultant may be accomplished after execution of this Agreement,without invalidating the Agreement, if mutually agreed in writing. It is expressly understood and agreed by and between the parties hereto that any alteration in schedule,compensation and Change in Services shall be effected only by Supplemental Agreement hereto. Any such Supplemental Agreement to this contract must be duly authorized by Board action. 1.3.4 MEDIATION 1.3.4.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation. If such matter relates to or is the subject of a lien arising out of Consultant's services, Consultant may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation. 1.3.4.2 BCRUA and Consultant shall endeavor to resolve claims,disputes and other matters in question between them by mediation. Request for mediation shall be filed in writing with the other party to this Agreement,and mediation shall proceed in advance of legal or equitable proceedings, which shall be stayed pending mediation for a period of sixty(64) days from the date of filing,unless stayed for a longer period by agreement of the parties or court order. 1.3.4.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof 1.3.5 ARBITRATION 1.3.5.1 BCRUA and Consultant hereby expressly agree that no claims or disputes between BCRUA and Consultant arising out of or relating to this Agreement or a breach hereof shall be decided by any arbitration proceeding,including, without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Section 1-14) or any applicable state arbitration statute, except that in the event that BCRUA is subject to an arbitration proceeding related to the Project, Consultant consents to be joined in the arbitration proceeding if Consultant's presence is required or requested by BCRUA for complete relief to be accorded in the arbitration proceeding. 1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES 1.3.6.1 Consultant and BCRUA waive consequential damages for claims,disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Section 1.3.8. 1.3.7 MISCELLANEOUS PROVISIONS 1.3.7.1 This Agreement shall be governed by the laws of the state of Texas,and venue shall fie in Williamson County, Texas. 1.3.7.2 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion.In no event shall such statutes of limitations commence to run any later than the date when Consultant's services are substantially completed. 5 1.3.7.3 To the extent damages are covered by property insurance during construction,BCRUA and Consultant waive all rights against each other and against the contractors,consultants, agents and employees of the other for damages,except such rights as they may have to the proceeds of insurance as delineated between BCRUA and Contractor. 1.3.7.4 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either BCRUA or Consultant. 1.3.7.5 if BCRUA requests Consultant to execute certificates, the proposed language of such certificates shall be submitted to Consultant for review at least fourteen (14)days prior to the requested dates of execution. Consultant shall not be required to execute certificates that would require knowledge,services or responsibilities beyond the scope of this Agreement. 1.3.7.6 BCRUA and Consultant, respectively, bind themselves, their successors, assigns and legal representatives to the other party to this Agreement and to the successors,assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither BCRUA nor Consultant shall assign this Agreement without the written consent of the other, except that BCRUA may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume BCRUA's rights and obligations under this Agreement. Consultant shall execute all consents reasonably required to facilitate such assignment. 1.3.7.7 Consultant shall comply with all applicable federal and state laws,and with all applicable rules and regulations promulgated by all local,state and national boards,bureaus and agencies. Consultant shall further obtain all permits and licenses required in the performance of the personal services contracted for herein. 1.3.7.8 Consultant will pay all taxes, if any, required by law arising by virtue of the personal services performed hereunder. 1.3.7.9 Consultant covenants and represents that it will have no financial interest,direct or indirect, in the purchase or sale of any product,materials or equipment that will be recommended or required for the Project. 1.3.7.10 Consultant understands and agrees that time is of the essence and that any failure of Consultant to complete the services for each portion of this Agreement within the agreed schedule will constitute a material breach of this Agreement. 1.3.7.11 Neither BCRUA nor Consultant shall be deemed in violation of this Agreement if prevented from performing any obligations hereunder by reasons for which it is not responsible or circumstances beyond its control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. 1.3.8 TERMINATION OR SUSPENSION 1.3.8.1 if BCRUA fails to make payments to Consultant in substantial compliance with this Agreement, such failure may be considered substantial nonperformance and cause for suspension of performance of services under this Agreement. If Consultant elects to suspend services, prior to suspension of services, Consultant shall give thirty(30) days' written notice to BCRUA. In the event of a suspension of services,Consultant shall have no liability to BCRUA for delay or damage caused BCRUA because of such suspension of services. Before resuming services, Consultant shall be paid all non-disputed sums due prior to suspension. Consultant's fees for the remaining services and the time schedules shall be equitably adjusted. 1.3.8.2 In connection with the work outlined in this Agreement, it is agreed and fully understood by Consultant that BCRUA may cancel or indefinitely suspend further work hereunder or terminate this Agreement either for cause or for the convenience of BCRUA, upon thirty (30) days' written notice to Consultant, with the understanding that immediately upon receipt of said notice all work and labor being performed under this Agreement shall cease. Consultant shall invoice BCRUA for all work satisfactorily completed and shall be compensated in accordance with the terms of this Agreement for all work accomplished prior to the receipt of said notice. No amount shall be due for lost or anticipated profits. All plans, field surveys,maps,cross sections and other data,designs and work related to the Project shall become the property of BCRUA upon termination of this Agreement,and shall be promptly delivered to BCRUA in a reasonably organized form without restriction on fixture use. Should BCRUA subsequently contract with another person for continuation of services on the Project,Consultant shall cooperate in providing information. 6 1.3.8.3 Nothing contained in Section 1.3.8.2 shall require BCRUA to pay for any work which is unsatisfactory as determined by BCRUA's representative or which is not submitted in compliance with the terms of this Agreement. BCRUA shall not be required to make any payments to Consultant when Consultant is in default under this Agreement, nor shall this section constitute a waiver of any right, at law or at equity, which BCRUA may have if Consultant is in default,including the right to bring legal action for damages or to force specific performance of this Agreement. 1.3.9 PAYMENTS TO CONSULTANT 1.3.9.1 Payments on account of services rendered shall be made monthly upon presentation of Consultant's invoices. No deductions shall be made from Consultant's compensation on account of penalty, liquidated damages or other sums withheld from payments, or on account of the cost of Changes in the Work, other than those for which Consultant has been adjudged to be liable. ARTICLE I.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and integrated agreement between BCRUA and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral.This Agreement may be amended only by written instrument signed by both BCRUA and Consultant. 1.4.1.1 Other documents as follows: (List other documents,if au};forming part of the Agreement.) Exhibit"A"entitled"Consultant's Responsibilities"and"Fees for Geotechnical and Materials Engineering Services." 1.4.2 Special Terms and Conditions.Special terms and conditions that modify this Agreement are as follows: ARTICLE 1.5 COMPENSATION 1.5.1 For Consultant's services as described,herein,compensation shall be computed as follows: In accordance with Section 1.1.2.5 herein. 1.5.2 If the services of Consultant are changed as described in Section 1.3.3.1, the compensation may be adjusted. Such adjustment shall be calculated in an equitable manner. (Insert basis of compensation,including rates and multiples of Direct Personnel Eipense for Principals and employees,and identify Principals and classh employees,if required Identify spec fc services to whichparticular methods of conrpensatlon appy) 1.5.3 Payments are due and payable thirty(30)days from the date of Consultant's invoice, or not later than the time period required under the Texas Prompt Payment Act,whichever is later. Non-disputed amounts unpaid sixty(60)days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of Consultant. (Insert rate of interest agreed upon.) (Usuny lairs and requirements under the Federal Truth in Lending Act,similar state and local consumer credit lmrs and other regulations at the Owner's and Architect's principal places of business,the location of the Project and elsewhere may affect the validity of this provision.Specific legal advice should be obtained with respect to deletions or modifications,and also regarding requirements such as irritten disclosures or waivers.} ARTICLE 1.6 INDEMNIFICATION 1.6.1 Indemnification (Damage Claims). Consultant agrees to defend, indemnify and hold BCRUA, its officers, agents and employees, harmless against any and all claims, lawsuits,judgments,costs and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by Consultant's breach of any of the terms or provisions of this Agreement, or by any negligent act or omission of Consultant in the performance of this Agreement; except that the indemnity provided for in this section shall not apply to any liability resulting from the sole negligence of BCRUA, its officers, agents, employees or separate contractors, and in the event of joint and concurrent negligence of both Consultant and BCRUA,responsibility and indemnity,if any,shall be apportioned comparatively in accordance with the laws of the State of Texas, without, however, waiving any governmental immunity available under Texas law and i 7 i i without waiving any defenses of the parties under Texas law.The provisions of this section are solely for the benefit of the parties hereto and not intended to create or grant any rights,contractual or otherwise,to any other person or entity. ARTICLE 1.7 INSURANCE Ii 1.7.1 Insurance. Consultant, at its sole cost, shall purchase and maintain during the term and entire duration of this Agreement minimum insurance coverages in the types and amounts as follow: A. Comprehensive General Liability Insurance with minimum Bodily Injury limits of$300,000 for each occurrence i including like coverage for acts and omissions of subcontractors and contractual liability coverage; i B. Property Damage Insurance with mininnnn limits of$50,000 for each occurrence including like coverage for acts and omissions of subcontractors and contractual liability coverage. C. Automobile Liability Insurance for all owned,non-owned,and hired vehicles with minimum limits for Bodily Injury of$100,000 for each person and$300,000 for each occurrence, and Property Damage minimum limits of$50,000 for each occurrence. Consultant shall require subcontractors to provide Automobile Liability Insurance with the same minimum limits. 1.7.2 Insurance Requirements. (1) All insurance shall be obtained by Consultant from a company authorized to do insurance business in Texas and otherwise acceptable to BCRUA. (2) Consultant shall not commence work at any site under this Agreement until it has obtained all required insurance and until such insurance has been approved by BCRUA. Consultant shall not allow any subcontractors to commence work until all insurance required has been obtained and approved. Approval of the insurance by BCRUA shall not relieve or decrease the liability of Consultant hereunder. 1.7.3 Insurance Policy Endorsements. Each insurance policy hereunder shall include the following conditions by endorsement to the policy: (1) Each policy shall require that thirty(30)days prior to the expiration,cancellation,non-renewal or any material change in coverage,a notice thereof shall be given to BCRUA by certified mail to: BCRUA 221 East Main Street Round Rock,Texas 78664 Consultant shall also notify BCRUA, within 24 hours of receipt, of any notices of expiration, cancellation,non-renewal,or material change in coverage it receives from its insurer. (2) Companies issuing the insurance policies shall have no recourse against BCRUA for payment of any premiums or assessments for any deductibles which all are at the sole responsibility and risk of Consultant. (3) The term "BCRUA" shall include all authorities, boards, commissions, departments, and officers of BCRUA and the individual members, employees and agents thereof in their official capacities,and/or while acting on behalf of BCRUA. (4) The policy clause"Other Insurance"shall not apply to any insurance coverage currently held by BCRUA, to any such future coverage,or to BCRUA's Self-Insured Retentions of whatever nature. 1.7.3 Cost of Insurance. The cost of insurance required herein to be secured and maintained by Consultant shall be borne solely by Consultant,with certificates of insurance evidencing such coverage in force to be filed with BCRUA. IN WITNESS WHEREOF, the Brushy Creek Regional Utility Authority has caused this Agreement to be signed in its corporate name by its officer duly authorized to execute the saute in its behalf,and by the duly authorized 8 I representative of Fugro Central, Inc., with both parties binding themselves, their successors and assigns and legal representatives for the faithful and full performance of the terms and provisions of this Agreement. OWNER: CONSULTANT: BRUSHY CREEK REGIONAL UTILITY AUTHORITY FUGRO CONSULTANTS,INC. a Texas corporation By: By: Printed Name: Mitch Fuller Printed Name: Title: President Title: Date Signed: Date Signed: ATTEST: John Cowman,Secretary FOR BCRUA,APPROVED AS TO FORTH: Stephan L.Sheets,Attorney 9 EXHIBIT BCRUA "A" Fugro-Materials Testing EXHIBIT B, CONSULTANT'S RESPONSIBILITIES,consisting of 3 pages, referred to in and part of the Agreement between the Authority and the Consultant B.1 Construction Materials Testing and Special Inspection Possible assignments originating from this indefinite delivery contract would include responsibilities(scope of services)such as: ■ Earthwork Testing; ■ Shallow Foundation or Footing Inspection; ■ Drilled Pier Inspection; ■ Concrete Reinforcing Steel Inspection; ■ Concrete Testing; ■ Flowable Fill Testing; ■ Post-Tensioning Inspection; ■ Tunnel Grout Testing; ■ Welding and Bolting Inspection; ■ Precast Concrete Inspection; ■ Structural Masonry Testing; ■ Spray Applied Fireproofing Testing and Inspection; ■ Inspection of Through Penetration Firestops; ■ Steel Coating Testing; r Exterior Cold-formed Steel Studs;and ■ Asphalt Testing. For placement and compaction of fill, backfill, natural subgrade, and pavement base material,Nye will provide a soil technician when requested to perform required field density tests to monitor the contractor's compliance with specifications. Laboratory tests will consist of Atterberg limits,gradation analyses,and moisture density relationships. When requested,we will sample flowable fill for compressive strength testing. If required, we can also test flowable fill for air content and flow. For drilled pier or foundation construction, our technician will verify that the piers or footings have been installed to the required penetration of the proper bearing stratum. He will also verify that the excavation(s) has been properly cleaned, that piers are within plumbness requirements,and that casing is used,if required. If requested, we will observe the concrete reinforcement prior to structural concrete placements. Bar size, spacing, splicing, cleanliness, and cover will be examined for compliance BCRUA 1 of 3 BCRUA Fugro-Materials Testing EXHIBIT B, CONSULTANT'S RESPONSIBILITIES,consisting of 3 pages, referred to in and part of the Agreement between the Authority and the Consultant with the approved structural drawings. Post tension strand location,spacing,drape,and anchorage will also be inspected if applicable. I When requested, our duties for cast-in-place concrete monitoring will be slump testing,air content testing, molding compression test cylinders, and concrete compression testing. Concrete will be observed for slump at the point of placement,and one set of concrete cylinders will be cast at the specified frequency. When requested, where post-tensioning reinforcing is used, and after such concrete achieves release strengths, we will inspect the post tensioning for proper stress and elongation, in accordance with the Post-Tensioning Institute criteria. Any strands that are found to be outside of the elongation tolerance will be marked and/or communicated to your representatives on the day of our inspection. When requested, we will obtain samples of tunnel grout for compressive strength testing. Typically, the tunneling contractor casts these specimens. We will transport, cure and test the specimens upon request. When requested for structural steel assemblies, a Certified Welding Inspector(CWI) will perform visual observation of all welded connections. Bolted connections will be checked for proper torque. All critical frill-penetration welds can be tested by ultrasonic techniques if necessary. Precast concrete fabricators typically provide QC laboratory data. If required, we will conduct a pre-cast audit to confirm that approved submittals have been received; to discuss Fabricator's QC records to be submitted during and after fabrication; and to obtain copies of current calibration records. During fabrication, we will perform periodic spot-inspections of the fabrication process. We will obtain QC records to date,document and inspect current construction activity,obtain logs of completed precast members,and discuss any and all Fabricator's repairs to members found have defects. When requested, we will observe concrete masonry unit wall construction to verify size and location of reinforcement and proper placement of grout. Mortar cubes and grout prisms will be cast to verify compliance with strength requirements. When required by fire code, or as requested, the through penetration firestops will be checked for completeness and verification of the use of the proper, approved materials. When requested,sprayed on cementitious fireproofing will be tested for adhesion,cohesion,and thickness as well as laboratory density on field cut specimens. BCRUA 2 of 3 I f BCRUA Fugro-Materials Testing i EXHIBIT B, CONSULTANT'S RESPONSIBILITIES,consisting of 3 pages, referred to in and part of the Agreement between the Authority and the Consultant When requested, we will test steel coatings for mill thickness at any specified frequency. We can also perform holiday testing over entire coated surfaces. When requested, we will verify the connection of the exterior cold-formed steel studs, tracks,headers and sills with the approved submittal. We will also verify that the cold-formed steel studs are attached to the support steel within sill walls or at hanging lintels. When requested, our technicians will also perform laboratory testing on the hot mix asphaltic concrete (HMAC). We will cut cores for determining field density and in-place thickness. Laboratory testing will include molding of test specimens,laboratory densities,voids in mineral aggregate,determination of maximum theoretical density,asphalt content,and gradation. Our field technician(s) will immediately report results of field observations directly to the on-site job superintendent and owner's representative. We will assist the superintendent in identification and correction of any observed non-compliances with project specifications. In no case will our technician direct the contractor's operations, waive specifications, or make final acceptance of the contractor's work. B.2 Geoteclurical Engineering Services Possible geotechnical assignments originating from this indefinite delivery contract would include responsibilities(scope of services)such as: ■ Field investigation consisting of soil borings,rock coring and test pits; r Laboratory classification tests (Atterberg Limits, grain size determinations, moisture contents); r Volume change tests(consolidation tests,free-swell tests,pressure-swell tests); ■ Strength tests (unconsolidated-undrained triaxial compression, unconfined compression,direct shear,consolidated-drained triaxial compression); ■ Moisture density relation tests; ■ Engineering analyses for volume change, bearing capacity, pier capacity, slope stability,soil heave potential,rock slope stability; ■ Engineering report writing and troubleshooting. l BCRUA 3 of 3 1 1 BCRUA Fugro-Materials Testing EXHIBIT D,FEE SCHEDULE,consisting of 4 pages,referred to in and part of the Agreement between the Authority and the Consultant FEES FOR GEOTECHNICAL AND MATERIALS ENGINEERING SERVICES 1. FIELD SERVICES 1.1 Geotechnical Unit Rate 1.1.1 Mobilization and Demobilization,Local,Each...............................................$ 300.00/ea 1.1.1.1 Drill Truck, Water Truck,Pickup,and Crew......................................$ 4.00/mile 1.1.1.2 All-Terrain Drill Rig,Pickup,and Crew............................................. Upon Request 1.1.2 All-Terrain Vehicle with Drill Rig(Additional Charge)................................. Upon Request 1.I.3 Drilling and Sampling 1.1.3.1 Drilling and Sampling with 3-inch,Thin-Walled Tube Sampler,Continuous to 10.0 R,5.0-ft Intervals Thereafter...........................................................................$ 16.00/foot 1.1.3.2 Continuous Drilling and Sampling with 3-inch, Thin-Walled Tube Sampler or Split-Spoon Sampler for Environmental Screening..............................................$ 36.00/foot 1.1.4 Standard Penetration Tests...............................................................................$ 20.00/each 1.1.5 TxDOT Cone Penetration Tests.......................................................................$ 28.00/each 1.1.6 Rock Coring,NX or Similar Core Barrel 1.1.6.1 Drilling in Soft Rock(Austin Chalk,Eagle Ford Shale,etc.)...........$ 22.00/foot 1.1.6.2 Drilling in Hard Rock or Cavitated Rock(Edwards,Buda, Glen Rose,Georgetown,and Walnut Formations)...........................$ 26.00/foot 1.1.7 Wash or Auger Borings Drilled and Logged from Cuttings: 1.1.7.1 Soil......................................................................................................$ 14.00/foot 1.1.7.2 Rock....................................................................................................$ 20.00/foot 1.1.8 Field Testing 1.1.8.1 Packer Testing 1.1.8.1.1 Packer Test Equipment Mobilization................................$ 945.00/ea 1.1.8.1.2 Packer Testing(Rig and Equipment)................................$ 175.00/hr 1.1.8.1.3 Packer Test Inflation.........................................................$ 130.00/ea 1.1.8.2 Dilotometer Testing...........................................................................Upon Request 1.1.8.3 Borehole Photography.......................................................................Upon Request 1.1.9 Casing of Boreholes.........................................................................................$ 18.00/foot 1.1.10 Hourly Charges for Boring Layout,Excessive Time Spent Gaining Access to Boring Locations,Backfilling Boreholes, Cleaning up Site,Installing Piezometers,and for Other Reasons Beyond our Control...........................................................................$ 165.00/hour 1.1.11 Rental of Concrete Core Drilling Equipment or Equipment to Gain Site Access,or Traffic Control Devices.............................................. Cost+ 15% 1.1.12 Materials for Piezometers,Grouting,etc. ....................................................... Cost+ 15% 1.1.13 Surveying or Other Outside Contractors.......................................................... Cost+ 151/0 1.1.14 Traffic Control................................................................................................. Upon Request I f BCRUA 1 of 4 I BCRUA Fugro-Materials Testing EXHIBIT D,FEE SCHEDULE,consisting of 4 pages, referred to in and part of the Agreement between the Authority and the Consultant 1. FIELD SERVICES(Continued) 1.1 Geotechnical Unit Rate 1.1.15 Per Diem for Out-of-Town Assignments,Per Man.........................................$ 120.00/night 1.1.16 High-Pressure Stearn Cleaner.......................................................................... Upon Request 1.1.17 OVA Meter...................................................................................................... Upon Request 1.1.18 Steel Drums for Drill Cuttings(delivered)......................................................$ 75.00/each 1.1.19 Plugging Boreholes with Bentonite.................................................................$ 8.00/foot 1.1.20 Wooden Core Boxes(NX)............................................. .................................$ 60.00/ea 1.1.21 Piezometers...................................................................................................... Upon Request 1.2 Material Testing Regular Time(l) Overtime(2) 1.2.1 Technician(NICET Level I or equivalent)..........$45.00/hr.................................$ 54.00/hr 1.2.2 Senior Technician(NICET Level 11,TxDOT Level IAA B,Associate Welding Inspector, or equivalent).......................................................$50.00/hr.................................$ 60.00/hr 1.2.3 Senior Supervising Technician(NICET Level III,TxDOT Level 1I,or equivalent)...........$85.00/hr.................................$ 95.00/hr 1.2.4 Certified Welding Inspector.................................$72.00/hi..................................$ 82.00/hr 1.3 Field Testing and Equipment Unit Rate 1.3.1 Transportation(Minimum$50.00/trip)................................................................$ 0.51/mile 1.3.2 Nuclear Density Tests(in addition to technician time) ........................................$ 15.00/test 1.3.3 Torque Wrench....................................................................................................No Charge 1.3.4 Dye Penetrant&Magnetic Particle Supplies.......................................................Cost+ 15% 1.3.5 Ultrasonic Testing Equipment.............................................................................$ 30.00/hr 1.3.6 Asphalt Coring Equipment.................................. ................................................$ 30.00/hr 1.3.7 Concrete Coring Equipment................................ ................................................$ 30.00/hr +bit charge 1.3.8 Concrete Core Bit Charges 1.3.8.1 3 inch-diameter Core............................................................................$ 3.00/inch 1.3.8.2 4 inch-diameter Core............................................................................$ 4.00/inch 1.3.8.3 6 inch-diameter Core............................................................................$ 6.00/incli (Other sizes quoted upon request) 1.3.9 FACE®Dipstick Floor Flatness/Floor Levelness Equipment..............................$200.00/day 1.3.10 Air Content of Fresh Concrete............................. ................................................$ 15.00/ea 2. LABORATORY TESTING 2.1 Soil and Rock Unit Rate 2.1.1 Natural Moisture Content................................................................................$ 15.00/ea 2.1.2 Sieve Analysis(TEX-110-E)...........................................................................$ 55.00/ea 2.1.3 Atterberg Limits(Liquid and Plastic Limits)...................................................$ 55.00/ea (TEX-104-E,TEX-105-E,TEX-106-E) 2.1.4 Percent Passing No.200 Sieve(TEX-111-E)..................................................$ 45.00/ea 2.1.5 Bar Linear Shrinkage of Soils(TEX-107-E)...................................................$ 35.00/ea BCRUA 2of4 BCRUA Fugro-Materials Testing EXHIBIT D,FEE SCHEDULE,consisting of 4 pages,referred to in and part of the Agreement behveen the Authority and the Consultant 2. LABORATORY TESTING(Continued) 2.1 Soil and Rock Unit Rate 2.1.6 Moisture Density Relationship(ASTM D 698) (Standard Proctor Compaction Test)................................................................$ 210.00/ea 2.1.7 Moisture Density Relationship(ASTM D 1557) (Modified Proctor Compaction Test)...............................................................$ 210.00/ea 2.1.8 Moisture Density Relationship(TEX-113-E)..................................................$ 210.00/ea 2.1.9 Moisture Density Relationship(TEX-1 14-E,Part I).......................................$ 210.00/ea 2.1.10 Moisture Density Relationship(TEX-114-E,Part II)......................................$ 210.00/ea 2.1.11 Wet Ball Mill(TEX-116-E).............................................................................$ 175.00/ea 2.1.12 Sample Remolding...........................................................................................$ 45.00/hr 2.1.13 Soil Specific Gravity(TEX-108-E).................................................................$ 50.00/ea 2.1.14 Soil Lime Compression Test(TEX-121-E).....................................................Upon Request 2.1.15 Soil-Lime pH Series(6 points)........................................................................$ 195.00/set 2.1.16 Soil-Lime Series Curve(ASTM D 4318)........................................................$ 60.00/point 2.1.17 Free Swell Test................................................................................................$ 95.00/ea 2.1.18 Uniaxial Pressure-Strain Test..........................................................................$ 60.00/ea 2.1.19 Sieve Analysis(No.4,40,and 200 sieves)......................................................$ 55.00/ea 2.1.20 Hydrometer Analysis.......................................................................................$ 200.00/ea 2.1.21 Unit Dry Weight Determination and Natural Water Content..........................$ 20.00/ea 2.1.22 Unconfined Compression Test, Soil................................................................$ 50.00/ea 2.1.23 Unconfined Compression Test,Rock..............................................................$ 55.00/ea 2.1.24 Unconsolidated-Undrained Triaxial Compression Test...................................$ 65.00/ea 2.1.25 Swell or Settlement Potential-Cohesive Soil(ASTM D 4546)......................$ 450.00/ea 2.1.26 Permeability of Silt or Clay.............................................................................$ 250.00/ea 2.1.27 Volumetric Shrinkage......................................................................................$ 85.00/ea 2.1.28 Chemical and Analytical Testing by Outside Laboratory................................ Cost+ 15% 2.1.29 Slake Durability........................I......................................................................$ 110.00/ea 2.1.30 Cherchar Abrasivity Index...............................................................................$ 140.00/ea 2.1.31 Punch Penetration Test....................................................................................$ 195.00/ea 2.1.32 Brazilian Tensile Strength................................................................................$ 115.00/ea 2.2 Concrete and Cement Unit Rate 2.2.1 Concrete Mix Design....................................................................................... Upon Request 2.2.2 Light Weight Concrete Mix Design................................................................. Upon Request 2.2.3 Aggregate Gradation Analysis(TEX-200-F)...................................................$ 55.00/ea 2.2.4 Specific Gravity of Aggregate.........................................................................$ 55.00/ea 2.2.5 Absorption of Aggregate..................................................................................$ 55.00/ea 2.2.6 Unit Weight of Aggregate................................................................................$ 55.00/ea 2.2.7 Concrete Cylinder Compressive Strength(ASTM C 39)................................$ 17.00/ea 2.2.8 Beam Flexural Strength(ASTM C 78) .......................................................$ 45.00/ea 2.2.9 Mortar Cube Compressive Strength(ASTM C780)........................................$ 17.00/ea 2.2.10 Grout Specimen Compressive Strength(ASTM C1019).................................$ 40.00/ea 2.2.11 Concrete Masonry Unit Strength(ASTM C780) ...........................................$ 85.00/ea 2.2.12 Concrete Masonry Unit Prism Strength(ASTM C1314).................................$ 175.00/ea 2.2.13 Drilled Core Compressive Strength(ASTM C42)...........................................$ 60.00/ea BCRUA 3 of 4 I BCRUA Fugro-Materials Testing EXHIBIT D,FEE SCHEDULE,consisting of 4 pages,referred to in and part of the Agreement between the Authority and the Consultant 2. LABORATORY TESTING(Continued) 2.3 Asphaltic Concrete Unit Rate 2.3.1 Mix Design(Hveern or Marshall Method) ..................................................Upon Request 2.3.2 Molding Test Specimens,Bulk Density,and Stability(3 per set)...................$ 125.00/set 2.3.3 Determine Maximum Theoretical Density.......................................................$ 65.00/ea 2.3.4 Stripping Test$.................................................................................................85.00/ca 2.3.5 Asphalt Content(Ignition Oven with Correction)and Gradation....................$ 235.00/ea 2.3.6 Asphalt Content(Ignition Oven without Correction)and Gradation..............$ 200.00/ea 2.3.7 Bulk Specific Gravity of Asphalt Core ...........................................................$ 40.00/ca 2.3.8 Roof Ballast Sieve Analysis ............................................................................$ 55.00/ea 2.3.9 Oven Dried Moisture Content of Roofing Materials.......................................$ 35.00/ea 2.3.10 Laboratory Density of Field Cut Fireproofing ................................................$ 45.00/ea 3.REPORT PREPARATION Unit Rate 3.1 Word Processing..............................................................................................$ 55.00/hr 3.2 Drafting............................................................................................................$ 75.00/hr 3.3 Reproduction....................................................................................................$ 0.15/copy 3.4 Postage............................................................................................................. Cost 4. ENGINEERING CONSULTATION Unit Rate 4.1 Senior Consultant/Project Principal.................................................................$ 175.00/lir 4.2 Senior Project Manager....................................................................................$ 155.00/hr 4.3 Project Manager...............................................................................................$ 145.00/hr 4.4 Project Engineer...............................................................................................$ 115.00/I11• 4.5 Project Geologist..............................................................................................$ 125.00/hr 4.6 Laboratory Manager........................................................................................$ 125.00/hr 4.7 Graduate Engineer...........................................................................................$ 90.00/hr 4.8 Engineering Technician...................................................................................$ 60.00/hr 5.OUTSIDE SERVICES(Surveying,Etc.) Outside Services and Subconsultants........................................................................ Cost+ 15% Notes: r Rates for other services or tests will be quoted on request. * Laboratory test prices are FOB Fugro laboratory. Sample pick-up charges are additional. (1) Minimum call-out charge for CMT technician and equipment or sample pick-up is 2 hours. Minimum call-out charge for CWI technician is 4 hours. Charges are accrued portal to portal. (2) Overtime rates are applicable to time worked in excess of 8 hours per day,Monday through Friday; hours worked before 7:00 am and after 6:00 pin;and all hours worked on Saturdays,Sundays,and holidays. BCRUA 4of4 BCRUA Fugro-Materials Testing EXHIBIT E, INSURANCE CERTIFICATES, consisting of 2 pages, referred to in and part of the Agreement betiveen the Authority and the Consultant _. ACORD,. i,09 RTII?ICA�'E.&I UBILITY INS.�IItArICE DATE(FTIi61JOYY�YY 662/1'6/2009 ..... x/22 neolATER THIS CERTIFICATEIS lSSUEUASAAIATTEROF16NFORALt710N0NLV Aon Risk Services Southwest, Inc. Aon Risk Services Southwest, Inc. AND CONFERS NO RIGHTS UPON TI IF,CERT I rICAT F.1101.DER.TI IIS Aon Risk Ins Services south St. Inc. CERTIFICATE DO FS NOT AAIEND,EXTENISORALTER THE CA License 0559715 C.OVERAGE.AFFORDED BYTIIEPOLICIES RF,LOIV. 1330 Post oak Blvd. Suite 900 Houston Tx 770S6-3039 USA INSIIRF,RS AFFORDING COVERAGE NAIc p roo.4r,. 832 476-6000 TAY-(832) 476-6590 - IXSVRED MOM RA Liberty mutual Insurance Co. 23043 FU ro Consultants, Inc./Fugro Geoscience HANKERS Liberty Insurance Corporation 42404 8613 cross Park Dr, Austin Tx 78754 USA nr_J)LRC National Liability&Fire Ins 20052 UnvYEY.D ,� IIAUFIRE ¢ THE POLICIES OF6VSURN:CE LLMD BFLOR•HAVEBEEN ISSUED TOTHE DISURED NANIED ABOVETORTHE W1WY MUODNDFCATED.NOTATESISTANDMO ANY RF•QUFRF_VTNT,IF.RSI OR COVDMON OFANY CONTRACT DR OSIER DOMXtF.NT R•rj)IRT-SPECTTO Wln(.1171112 CERTIFjf ATP.MAY BE ISSUED OR SIAV PF.'RTA)N,111ERFSURANCT:AMIRDED BY'DIE MI.ICD:S DESCRIBED Iff.RF.N IS 6Un1F,CTTOAII.TIF.ITW%1S,FYCI.USIONSAND MNI)MONS OF SUCH MIA M. A. AOOREOATE LH•IIIS SHORN MAY I{AVEUEIN ItEDUC'ED BY PAID CLAWS. LWITSEHMIN ARE AS REQUESTED roteIOIH')'pl):C mS POLIC V)AMA770.V Nit :IS ME OfM RAN E POLJCTNUJIBER DATit10I1I)IN") DATEAD1DD�\)) MITTS A ER.\Lw® T916410050660I9 92/20/09 02/20/10 FAINC"V*11"a $1,000,000 x P:•1^_/Fi.•:IAl.3£•i9.ALLlAf01tY DAI:.AOETOLLI(TrTI 5100,000 35,00 (TAVL3I+JJ•E ® AY'IIF. fiaE)Q:T3lj.KCsaI:) •.r Q.,ra.,, N FEY.rol1A!.A N)V"MY 51,01!0,000 OFN)YAL NY)YXOAI F. $2,000,000 ll€H1.AOnYYOATC1J Vii Affl)L']jF.Y N coto:faAf)n $2,000,000 p� A AS1641005066029 02/20/09 02/20/10 ,:w.ure.TJlr�sO1J:INn c ANYAU(o ,Aaet> 52,000,000 ALL O'AN•10 AVE03 PCOMY DIF 0:Y £^.FQ+DSL AVifr3 (rs Yac:c) IIIY>71 NIYf IWOW DtjVAY Ij 11.01Ek7YN-MME G\IL1LT LL\BILTIY NreC•vLT•LAARYw]Jr ANY AVID 67HIIc iF1AR FAN\ AUTOONLY A. 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R-PAI,DANT C•FYFE AL:'JEC{r;_r-MMritk'=I1LC1]k1ELFFDEEA:SETHE EMRA7024 EXAMPLE MIA Ia%,T I1:IM11N3 DJIVFER I\'OL 1111TAVORTO bW4 i D)bAY8 HFI7iENNOILY IOtHECEF.YIFY.'AtE I•1LER NA)RD IOT)¢LlFT, BUENA MM- MUM.IT A9EOYI OR INL rI,TY C•FANY YTSTL6t•N 71�N3VRL*,m5 AOENI r GR TF3F.ESFMATNEB c1 ee COR D-H no U.. :_. .�♦ 'C ✓w� CORDim BCRUA Page I of 2 BCRUA Fugro-Materials Testing EXHIBIT E, INSURANCE CERTIFICATES, consisting of 2 pages, referred to in and part of the Agreement between the Authority and the Consultant - - - --� DATE(Fbl OD/YYYY) ACORD.. ;-CJERTIFICA'1' OFLIA3nITX dIVSURANCE u2nsnoo9 _ t __.. PRobAon Risk services southwest. Inc. TIIIS UERTIFI(Wrl.IS ISSID-31,AS A MATTER OF(.\FORMATION ONLY Aon Aon Risk services southwest. Inc. 1,NTiCONFERSNoRIGIITSUPON TFIFCERTIFICATFHOLDER.THIS Aon Risk Ins Services Southwest, Inc. CERTIFICATE DOES NOT AMEND,FA"TFANT)ORALTER TIIF CA license OSS9715 COVERAGE AFFORDED HYTIIF.POLICIFSRF,LOW. 1330 Post oak Blvd. suite 900 Houston Tx 770%-3089 USA LNSURERSAFPORDbWCOVERAGE NAIL# movE. 832 476-6000 rAY• 832 476-6590 1sbRED D;IWZRA Lexington Insurance Company 19437 Fugro consultants, Inc, IHl1TEt8 5 8613 Cross Park Dr. Austin TX 76754 USA nLs+�ERr _ n+sve:Ex o ,� IN:VFARE r�0. -SIR eSV n•'telllsi ab {Ori t ons-o t e.pollcy 'n1E IOLNTrs 01'IYSURANCE LIs7Eb BELOW HAVE BEEN MOO)TOnZ INSURED NAMED ABOVE FOR nit POLACV PERIOD INDICAt411.NO111TYHSTAVUL110 XlY REQUIRrMEN-T.TERM OR CONDTITO•Y OF ANYCONTRACT OR OTHER DMWIFA'TWITH RESFF.C,T TO WHICR TIL%CERTIFICATE MAYBE v%Wn OR MAY PERTAIN,-118 WSURANCF An'OR ill BY IHE POI-W&SI)YSCRDIYD IILUN IS SUBIECTTO Ail.TTIETY"13.LICLUS10Ns AND CONDn1ONS Oil Will PVLIIIFS. A0*RZrAIT14MMMIORX11AY HAVE RFEN RP.DUCTD BY PAID CIAMS LMNTSSHOWN ARE AS REOUESTEO 1\'SR i POLICY E{TECTn roucvxXFCRA710.1' LTC WmTYPE OF LYSt'IUNCE FOLICtNl'SIbER LUf[TS DAT{'(1UtnD•Yl) bATI:(SOTOBYIy ERA1.LIIm1.nY TACIIOQJWIkl N)DntClAl-ni)IEVALIIACIInY rANJ.OEl0Fl-NEED •RM.G MILE © ce%lkm 90-7,l uosac,�+ss) Tve i h 313.F0lAL k IL'1 DUUr.Y rl GE.tiP_V.AOJiZOAi F � OjiNL Al'ITFOATEll"n ATf12L9 r4$. to mm COW 1xv AM) m a POLICY [3 mo ❑V.,JECT O w, AVIOMOBB-ELIAWLiTI' '• ivts;r.Ilo O.±lis.ln r O ANY Y ALL O'AT�EC'A'Tic•S �y ML:1.1'COtR:Y `y �ClLL1V131•I:�fOY (Br pw�l t Ibi:)D AtITDs E4Dp,T I4R9.T � NON WANID Am In ffe—5kl IT.OiYRTT"—MgE OAVAYx UABn."V AUr0ca mY•EAA-:iM-xm ANY AVTO bIIa:RTHAY EA A•t AVTO(4.7,T ACO 'tts A i LL%WLrrY Lt. 10111*JAWS <i!vvmAr-F A49ir.0A1E [LDU:IFLE MR kl' FTAIU- SI I1 WORKERS C�OIR'E W0101 A.�L P�� tMFLol;m$'LLi61Lm t L FACN Arl-MA rY A)n£Fu1R1EIC1:1rA,RTT.Z'IEYEMFIE w C•ir.CV.44n l•EP.E\CLVL£D1 LLfMASE-FAII.00C.YEE , If).,J—v-1vnEC1Al.{4;OYlf.}C•NS E1.[ 11—M TOMCY LOUT S A OTNEA 072174 1 O? 0 ,000,000 IF1.NR)iIN C4 CtlIYA11C31EV.•."ATI?I+3^!E}QIME SIk:ic':TC•N3 ADL•FL BY l]•T-Q53G`OT+I.?TD-IAL IROYlE3U.i3 Crimp VAlylloliffirm SJ EXAMPLE 117E VAYEn zrorTlfALOYaI•E s:E)tA•FYM.lt72ECPN 11tYFlFtAiT 0F:eSEIt[•?H SUDI r I iRVn10 CSVF1i:N.Y•I,LY.Y'YAYCATO FLAIL ?J rAYSYf]Tf1N 2IV[Itt iht}R CEP7It)?ATEN:Sf•LX1J.`/•..UwiF21En. FUr FAILU7Z TOW I0IWaL DGGIENO 01OW10140.I)APILR Y C•FAI,T 171W VIVN THE IIrSVFD_STSAOFML<CI FZniEEFTTtATIi[r AVIN•A.G)Fi FAI{2.61n ATNC �.7�. (��qA��'�K�' BCRUA Page 2 of 2 f DATE: January 15, 2010 SUBJECT: BCRUA Board Meeting—January 20, 2010 ITEM: 7B. Consider a resolution authorizing the President to execute a Material Testing Agreement with Fugro Consultants, Inc., subject to the approval of the Participating Cities. Presenter: Michael Thuss Program Manager Justification: This agreement is for construction material testing services on site of the Regional Water Treatment Plant Project for BCRUA executed over a 36-month period. Funding• $175,000.00 Outside Resources: Fugro Consultants, Inc. Agreement for Consulting Services for Construction Materials Testing and Geotechnical Services for the BCRUA Regional Water Treatment Plant Project with Fugro Consultants, Inc. AGREEMENT made as of the day of the month of in the year Two Thousand Ten(2010). (In words,Indicate day,month and year.) BETWEEN the Brushy Creek Regional Utility Authority,identified herein as the`BCRUA": (Name,address and other information.) BCRUA 221 East Main Street Round Rock,Texas 78664 and Consultant, identified herein as"Consultant"or"Fugro": (Nante,address and other information) Fugro Consultants,Inc. 8613 Cross Park Drive Austin,Texas 78754 For the following Project: (Include detailed description of Project.) Consulting services including providing construction materials testing and geotechnical services,such services to include(by way of illustration and not limitation)certain project management and administration services,and observation and testing of the following construction materials if and when requested by BCRUA: earthwork testing, shallow foundation or footing inspection,drifted pier inspection,concrete reinforcing steel inspection,concrete testing,flowable fill testing,post-tensioning inspection, tunnel grout testing, welding and bolting precast concrete inspection, structural masonry testing, spray applied fireproofing testing and inspection, inspection of through penetration firestops, steel coating testing, exterior cold-formed steel studs, and asphalt testing;and the following geotechnical engineering services if and when requested by BCRUA: field investigation consisting of soil borings,rock coring and test pits;laboratory classification tests;volume change tests;strength tests; moisture density relation tests;engineering analyses for volume change,bearing capacity,pier capacity,slope stability, soil heave potential,rock slope stability;and engineering report writing and.troubleshooting.All such services shall be on site of said Project located in Williamson County,Texas. BCRUA and Consultant agree as follows: ARTICLE 1.1 INITIAL INFORMATION 1.1.1 This Agreement is based on the following information and assumptions. (Note the disposition for the following items by inserting the requested h1forrnation or a statement such as "rot applicable," "undvtowm at tiute of execution"or"to be determined later by n,tttttal agreement.') 1.1.2 PROJECT PARAMETERS 1.1.2.1 The objective or use is: (Identify or describe,t(appropriate,proposed use or goals.) Objectives include, but are not limited to, obtaining consulting services fi-om Fugro including providing construction materials testing services on site of the Regional Water Treatment Plant Project for BCRUA. 1.1.2.2 The physical parameters are: (Identh,or describe,if appropriate,size,location,dimensions,or other pertinent irforrnation,such as geotechnical reports about the site.) 1.1.2.3 BCRUA's Program is: (ldent)r5,documentation or state the manner in which the program wtli be developed) 00180662/jkg C � ,�2-/0-01-26--7e 1.1.2.4 The legal parameters are: (Ventjfy pertinent legal information,including,tf appropriate,land surveys and legal descriptions and restrictions of fire site.) 1.1.2.5 The financial parameters are as follows: The estimated fee for the projected cost for Fugro's consulting services shall be a not-to-exceed amount of$175,000.00, comprised of the following services: See Exhibit"A"attached hereto and incorporated herein for all appropriate purposes, the said Exhibit "A" containing"Consultant's Responsibilities"and"Fees for Geotechnical and Materials Engineering Services" attachments. The fee shall be full compensation for all services performed and to be performed by Consultant under this Agreement, and such not-to-exceed amount may not be revised in any fashion other than by written Supplemental Agreement as provided for herein. BCRUA sliall pay Consultant on a"time and materials"basis,Fugro agrees to accept payment from BCRUA on such basis, and the parties expressly agree that only work actually performed by Fugro will be paid for by BCRUA. • BCRUA may require the services of Fugro on an on-call basis as scheduled by BCRUA's representatives. Fugro requests twenty-four(24)hour notifications to properly schedule work. • Any services provided by Fugro on Saturdays,Sundays,holidays,and all work in excess of"normal"work hours,as herein defined, will be charged at an overtime rate of 1.5 times the appropriate hourly rate. The parties evidence their understanding that the projected cost of consulting services($175,000.00)is based on the assumption that most services will be provided during"normal"work hours, and that providing an excessive amount of services during days and/or hours requiring overtime rates may increase the total cost of services indicated herein. On-site cancellation outside of"normal"work hours will result in a four(4)-hour minimum labor charge. • "Normal"work hours are defined as between 7:00 am and 6:00 pill, including travel time to and fi•om the site unless stated otherwise, Monday through Friday. A minimum of two (2)hours technician time will be assessed per call- out. Overtime charges will be assessed after eight(8) continuous hours of service rendered during"normal" work hours. • Invoices shall be submitted monthly for work done in standard format acceptable to BCRUA. Invoices are due and payable upon receipt,in accordance with Section 1.3.9.1 and Section 1.5.3 of this Agreement. The parties evidence their understanding that this Agreement is performable in Williamson County,Texas. In the event that the State of Texas legislates a sales tax on professional services, the amount of tax applicable will be added to the appropriate service rate charged by Consultant. 1.1.2.6 The time parameters are: (/dent{fy,tf appropriate,mtlestone dates,dnrrations or fast track scheduling.) Thirty-six (36) months from Consultant's receipt of BCRUA's written Notice to Proceed, with no prohibition against renewal by mutual agreement. 1.1.2.7 The proposed procurement or delivery method for the Project is: (Ideur f,method such as competitn a bid,negotiated contract,or constriction management.) Consulting services herein are engaged by this negotiated Agreement. 1.1.2.8 Other parameters are: (Identify special characteristics or needs of the Project such as energy,environmental or historic preservation requirements) 1.1.3 PROJECT TEAM 1.1.3.1 BCRUA's Designated Representative is: (List narnre,address and other ieonnation) 2 Michael F.Thuss,P.E. BCRUA Program and Construction Manager 221 East Main Street Round Rock,Texas 78664 1.1.3.2 The persons or entity, in addition to BCRUA's Designated Representative, who is required to review Consultant's submittals to BCRUA are: (List nm+re,address and other i+formation.) Unknown at this time. 1.1.3.3 BCRUA's other consultants and contractors are: (List discipline and,tf known,identI6,them by nanre mid address.) Unknown at this time, 1.1.3.4 Consultant's Designated Representatives are: (List nine,address and other infarmalion) John A. Wooley,P.E. Fugro,Senior Vice President 8613 Cross Park Drive Austin,Texas 78754 1.1.3.5 The consultants retained at Consultant's expense are: (List discipline and,if known,identify them by name and address) 1.1.4 Other important initial information is: It is expressly understood and agreed by and between the parties hereto that any alteration in schedule,compensation and Change in Services shall be effected only by Supplemental Agreement hereto. Any such Supplemental Agreement to this Agreement must be duly authorized by Board action. ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES 1.2.1 BCRUA and Consultant shall cooperate with one another to fulfill their respective obligations under this Agreement. Both parties shall endeavor to maintain good working relationships. 1.2.2 OWNER'S RESPONSIBILITIES 1.2.2.1 Unless otherwise provided under this Agreement,BCRUA shall provide full information in a timely manner regarding requirements for and limitations on the Project. BCRUA shall furnish to Consultant, within fifteen(15) days after receipt of a written request, information necessary and relevant for Consultant to evaluate,give notice of or enforce rights. 1.2.2.2 BCRUA shall establish and periodically update the budget for the Project, including that portion allocated for the Cost of the Work,BCRUA's other costs,and reasonable contingencies related to all costs. 1.2.2.3 BCRUA's Designated Representative identified in Section 1.1.3 shall be authorized to act on BCRUA's behalf with respect to the Project. BCRUA or BCRUA's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Consultant in order to avoid unreasonable delay in the orderly and sequential progress of Consultant's services. 1.2.2.4 Unless otherwise provided in this Agreement, and if requested in writing, BCRUA shall furnish or pay for tests,inspections and reports required by law. 1.2.2,5 BCRUA shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet BCRUA's needs and interests. 3 i 1.2.2.6 Each party shall provide prompt written notice to the other if either becomes aware of any fault or defect in the Project,including any errors,omissions or inconsistencies. 1.2.3 CONSULTANT'S RESPONSIBILITIES 1.2.3.1 The services performed by Consultant shall be as enumerated in Article 1.4 and as enumerated elsewhere herein,in attached and accompanying documents,in exhibits,in supplemental documents,and in related documents. 1.2.3.2 Consultant's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. Consultant shall submit for BCRUA's approval a schedule for the performance of services which initially shall be consistent with the time periods established in this Agreement and which may be adjusted,if necessary and approved BCRUA, as the Project proceeds.This schedule shall include allowances for periods of time required for BCRUA's review, and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this scliedule approved by BCRUA shall not, except for reasonable cause, be exceeded by Consultant or BCRUA. 1.2.3.3 Consultant,through its Designated Representative identified in Section 1.1.3.4, shall be the person authorized to act with respect to the Project. 1.2.3.4 Consultant shall maintain the confidentiality of information specifically designated as confidential by BCRUA, unless withholding such information would violate the law, create the risk of significant harm to the public or prevent Consultant from establishing a claim or defense in an adjudicatory proceeding. 1.2.3.5 Except with BCRUA's knowledge and consent, Consultant shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise Consultant's professional judgment with respect to this Project. 1.2.3.6 Consultant shall review laws,codes, and regulations applicable to his services. Consultant shall respond in the Project to requirements imposed by governmental authorities having jurisdiction over the Project. 1.2.3.7 Consultant shall be entitled to reasonably rely on the accuracy and completeness of services and information furnished by BCRUA. Each party shall provide prompt written notice to the other if either becomes aware of any errors, omissions or inconsistencies in such services or information. ARTICLE 1.3 TERMS AND CONDITIONS 1.3.1 COST OF THE WORK 1.3.1.1 The Cost of the Work shall be the total cost or,to the extent the Project is not completed, the estimated cost to BCRUA of all elements of the Project designed or specified by Consultant. 1.3.1.2 The Cost of the Work shall be as delineated herein in Section 1.1.2.5. 1.3.2 INSTRUMENTS OF SERVICE 1.3.2.1 Drawings, reports, specifications and other documents, including those in electronic form, prepared by Consultant are for use solely with respect to this Project. All Consultant's designs and work product under this Agreement, completed or partially completed, shall be the property of BCRUA to be used as BCRUA desires, without restriction on future use;by execution of this Agreement and in confirmation of time fee for services to be paid under this Agreement, Consultant hereby conveys, transfers and assigns to BCRUA all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Agreement. Copies may be retained by Consultant. 1.3.2.2 Upon execution of this Agreement, Consultant grants to BCRUA pennission to reproduce Consultant's Instruments of Service for purposes of constructing, using and maintaining the Project, provided that BCRUA shall i comply with all obligations,including prompt payment of all suns when due,under this Agreement.If and upon the date Consultant is adjudged in default of this Agreement, BCRUA is permitted to authorize other similarly credentialed 4 persons to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service for the purposes of completing,using and maintaining the Project. 1.3.2.3 BCRUA shall not assign, delegate, sublicense,pledge or otherwise transfer any permission granted herein to another party without the prior written agreement of Consultant. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of Service shall be at BCRUA's sole risk and without liability to Consultant. 1.3.3 CHANGE IN SERVICES 1.3.3.1 Change in Services of Consultant may be accomplished after execution of this Agreement,without invalidating the Agreement, if mutually agreed in writing. It is expressly understood and agreed by and between the parties hereto that any alteration in schedule, compensation and Change in Services shall be effected only by Supplemental Agreement hereto. Any such Supplemental Agreement to this contract must be duly authorized by Board action. 1.3.4 MEDIATION 1.3.4.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation. If such matter relates to or is the subject of a lien arising out of Consultant's services, Consultant may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the natter by mediation. 1.3.4.2 BCRUA and Consultant shall endeavor to resolve claii►ms,disputes and other matters in question between them by mediation. Request for mediation shall be filed in writing with the other party to this Agreement, and mediation shall proceed in advance of legal or equitable proceedings,which shall be stayed pending mediation for a period of sixty(60) days from the date of filing,unless stayed for a longer period by agreement of the parties or couit order. 1.3.4.3 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 1.3.5 ARBITRATION 1.3.5.1 BCRUA and Consultant hereby expressly agree that no claims or disputes between BCRUA and Consultant arising out of or relating to this Agreement or a breach hereof shall be decided by any arbitration proceeding,including, without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Section 1-14) or any applicable state arbitration statute,except that in the event that BCRUA is subject to an arbitration proceeding related to the Project, Consultant consents to be joined in the arbitration proceeding if Consultant's presence is required or requested by BCRUA for complete relief to be accorded in the arbitration proceeding. 1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES 1.3.6.1 Consultant and BCRUA waive consequential damages for claims,disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable,without limitation, to all consequential damages due to either party's termination in accordance with Section 1.3.8. 1.3.7 MISCELLANEOUS PROVISIONS 1.3.7.1 This Agreement shall be governed by the laws of the state of Texas,and venue shall lie in Williamson County, Texas. 1.3.7.2 Causes of action between the patties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to tun not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion.In no event shall such statutes of limitations commence to run any later than the date when Consultant's services are substantially completed. 5 1.3.7.3 To the extent damages are covered by property insurance during construction,BCRUA and Consultant waive all rights against each other and against the contractors,consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of insurance as delineated between BCRUA and Contractor. 1.3.7.4 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either BCRUA or Consultant. 1.3.7.5 If BCRUA requests Consultant to execute certificates, the proposed language of such certificates shall be submitted to Consultant for review at least fourteen (14)days prior to the requested dates of execution. Consultant shall not be required to execute certificates that would require knowledge,services or responsibilities beyond the scope of this Agreement. 1.3.7.6 BCRUA and Consultant, respectively, bind themselves, their successors, assigns and legal representatives to the other party to this Agreement and to the successors,assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither BCRUA nor Consultant shall assign this Agreement without the written consent of the other, except that BCRUA may assign this Agreement to an institutional lender providing financing for the Project. In such event,the lender shall assume BCRUA's rights and obligations under this Agreement. Consultant shall execute all consents reasonably required to facilitate such assignment. 1.3.7.7 Consultant shall comply with all applicable federal and state laws,and with all applicable rules and regulations promulgated by all local,state and national boards,bureaus and agencies. Consultant shall further obtain all permits and licenses required in the performance of the personal services contracted for herein. 1.3.7.8 Consultant will pay all taxes, if any, required by law arising by virtue of the personal services performed hereunder. 1.3.7.9 Consultant covenants and represents that it will have no financial interest,direct or indirect, in tine purchase or sale of any product,materials or equipment that will be recommended or required for the Project. 1.3.7.10 Consultant understands and agrees that time is of the essence and that any failure of Consultant to complete the services for each portion of this Agreement within tine agreed schedule will constitute a material breach of this Agreement. 1.3.7.11 Neither BCRUA nor Consultant shall be deemed in violation of this Agreement ifprevented from performing any obligations hereunder by reasons for which it is not responsible or circumstances beyond its control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. 1.3.8 TERMINATION OR SUSPENSION 1.3.8.1 If BCRUA fails to make payments to Consultant in substantial compliance with this Agreement, such failure may be considered substantial nonperformance and cause for suspension of performance of services under this Agreement. If Consultant elects to suspend services, prior to suspension of services, Consultant shall give thirty (30) days'.written notice to BCRUA. In the event of a suspension of services,Consultant shall have no liability to BCRUA for delay or damage caused BCRUA because of such suspension of services. Before resuming services, Consultant shall be paid all non-disputed sums due prior to suspension. Consultant's fees for the remaining services and the time schedules shall be equitably adjusted. 1.3.8.2 In connection with the work outlined in this Agreement, it is agreed and fully understood by Consultant that BCRUA may cancel or indefinitely suspend further work hereunder or tenninate this Agreement either for cause or for the convenience of. BCRUA, upon thirty (30) days' written notice to Consultant, with the understanding that immediately upon receipt of said notice all work and labor being performed under this Agreement shall cease. Consultant shall invoice BCRUA for all work satisfactorily completed and shall be compensated in accordance with the teens of this Agreement for all work accomplished prior to the receipt of said notice. No amount shall be due for lost or anticipated profits. All plans,field surveys,maps,cross sections and other data,designs and work related to the Project shall become the property of BCRUA upon termination of this Agreement,and shall be promptly delivered to BCRUA in a reasonably organized form without restriction on future use. Should BCRUA subsequently contract with another person for continuation of services on the Project,Consultant shall cooperate in providing information. 6 1.3.8.3 Nothing contained in Section 1.3.8.2 shall requite BCRUA to pay for any work which is unsatisfactory as determined by BCRUA's representative or which is not submitted in compliance with the terms of this Agreement. BCRUA shall not be required to make any payments to Consultant when Consultant is in default under this Agreement, nor shall this section constitute a waiver of any right, at law or at equity, which BCRUA may have if Consultant is in default,including the right to bring legal action for damages or to force specific performance of this Agreement. 1.3.9 PAYMENTS TO CONSULTANT 1.3.9.1 Payments on account of services rendered shall be made monthly upon presentation of Consultant's invoices. No deductions shall be made from Consultant's compensation on account of penalty, liquidated damages or other sums withheld from payments,or on account of the cost of Changes in the Work, other than those for which Consultant has been adjudged to be liable. ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and integrated agreement between BCRUA and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral.This Agreement may be amended only by written instrument signed by both BCRUA and Consultant. 1.4.1.1 Other documents as follows: (List other documents,tf any,forming part of the Agreement.) Exhibit"A"entitled"Consultant's Responsibilities"and"Fees for Geotechnical and Materials Engineering Services." 1.4.2 Special Terms and Conditions.Special terms and conditions that modify this Agreement are as follows: ARTICLE 1.5 COMPENSATION 1.5.1 For Consultant's services as described.herein,compensation shall be computed as follows: In accordance with Section].1.2.5 herein. 1.5.2 If the services of Consultant are changed as described in Section 1.3.3.1, the compensation may be adjusted. Such adjustment shall be calculated in an equitable manner. (insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees,and idenitfy Principals and classh,employees,if required.Ident f,spec fc services to which particular methods of compensation apply J 1.5.3 Payments are due and payable thirty(30)days from the date of Consultant's invoice, or not later than the time period required under the Texas Prompt Payment Act,whichever is later. Non-disputed amounts unpaid sixty(60)days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of Consultant. (Insert rate of interesl agreed upon) a4iny laws and requirements under the Federal Truth in Lending Act,similar slate and local consumer credit laws and other regulations al the Owner's and Architect's principal places of business,the location of the Project and elsewhere may affect the validity of lhis provision.Spec f c legal advice should be obtained with respect to deletions or modifications,and also regarding requirements such as wrillen disclosures or wtahiers.) ARTICLE 1.6 INDEMNIFICATION 1.6.1 Indemnlfication (Damage Claims), Consultant agrees to defend, indemnify and hold BCRUA, its officers, agents and employees, harmless against any and all claims, lawsuits,judgments, costs and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by Consultant's breach of any of the terms or provisions of this Agreement, or by any negligent act or omission of Consultant in the performance of this Agreement; except that the hidemnity provided for in this section shall not apply to any Iiability resulting from the sole negligence of BCRUA, its officers, agents, employees or separate contractors, and in the event of joint and concurrent negligence of both Consultant and BCRUA,responsibility and indemnity,if any,shall be apportioned comparatively in accordance with the I laws of the State of Texas, without, however, waiving any governmental immunity available under Texas law and i 7 j i I without waiving any defenses of the parties under Texas law. The provisions of this section are solely for the benefit of the parties hereto and not intended to create or grant any rights,contractual or otherwise,to any other person or entity. ARTICLE 1.7 INSURANCE 1.7.1 Insuranee. Consultant, at its sole cost, shall purchase and maintain during the term and entire duration of this Agreement minimum insurance coverages in the types and amounts as follow: A. Comprehensive General Liability Insurance with minimum Bodily injury limits of$300,000 for each occurrence including like coverage for acts and omissions of subcontractors and contractual liability coverage; i B. Property Damage Insurance with minimum limits of$50,000 for each occurrence including like coverage for acts f and omissions of subcontractors and contractual liability coverage. C. Automobile Liability Insurance for all owned,non-owned,and hired vehicles with minimum limits for Bodily Injury of$100,000 for each person and 5300,000 for each occurrence, and Property Damage minimum limits of$50,000 for each occurrence. Consultant shall require subcontractors to provide Automobile Liability Insurance with the same minimum limits. 1.7.2 Insurance Requirements. (1) All insurance shall be obtained by Consultant from a company authorized to do insurance business in Texas and otherwise acceptable to BCRUA. (2) Consultant shall not commence work at any site under this Agreement until it has obtained all required insurance and until such insurance has been approved by BCRUA. Consultant shall not allow any subcontractors to commence work until all insurance required has been obtained and approved. Approval of the insurance by BCRUA shall not relieve or decrease the liability of Consultant hereunder. 1.7.3 Insurance Policy Endorsements.Each insurance policy hereunder shall include the following conditions by endorsement to the policy: (1) Each policy shall require that thirty(30)days prior to the expiration,cancellation,non-renewal or any material change in coverage,a notice thereof shall be given to BCRUA by certified mail to: BCRUA 22I East Main Street Round Rock,Texas 78664 Consultant shall also notify BCRUA, within 24 hours of receipt, of any notices of expiration, cancellation,non-renewal,or material change in coverage it receives from its insurer. (2) Companies issuing the insurance policies shall have no recourse against BCRUA for payment of any premiums or assessments for any deductibles which all are at the sole responsibility and risk of Consultant. (3) The term "BCRUA" shall include all authorities, boards, commissions, departments, and officers of BCRUA and the individual members, employees and agents thereof in their official capacities,and/or while acting on behalf of BCRUA. (4) The policy clause"Other Insurance"shall not apply to any insurance coverage currently held by BCRUA, to any such future coverage,or to BCRUA's Self-Insured Retentions of whatever nature. 1.7.3 Cost of Insurance. The cost of insurance required herein to be secured and maintained by Consultant shall be borne solely by Consultant,with certificates of insurance evidencing such coverage in force to be fled with BCRUA. IN WITNESS WHEREOF, the Brushy Creek Regional Utility Authority has caused this Agreement to be signed in its corporate name by its officer duly authorized to execute the same in its behalf,and by the duly authorized 8 representative of Fugro Central, Inc., with both parties binding themselves, their successors and assigns and legal representatives for the faithful and full performance of the terms and provisions of this Agreement. OWNER: CONSULTANT: BRUSHY CREEK REGIONAL UTILITY AUTHORITY FUGRO CONSULTANTS,INC. a Texas corporation By: 1 \ By: LA�/ Printed Nay ler Printed Name: J,44-% S. a H we iwi a y 2r, i;-'C . Title: PresidentTitle: $o;J- tpro;cL& 220-10 - Date Signed: Date Signed: I— Z — Zola ATT T: L Zq Joh owman,Secretary FO UA,AP RAVE AS TO FORM: Stephan Sheets,Attorney 9 EXHIBIT BCRUA "A" Fugro-Materials Testing EXHIBIT B, CONSULTANT'S RESPONSIBILITIES,consisting of 3 pages, referred to in and part of the Agreement between the Authority and the Consultant B.1 Construction Materials Testing and Special Inspection Possible assignments originating from this indefinite delivery contract would include responsibilities(scope of services)such as: ■ Earthwork Testing; ■ Shallow Foundation or Footing Inspection; ■ Drilled Pier Inspection; ■ Concrete Reinforcing Steel Inspection; ■ Concrete Testing; ■ Flowable Fill Testing; ■ Post-Tensioning Inspection; ■ Tunnel Grout Testing; ■ Welding and Bolting Inspection; ■ Precast Concrete Inspection; ■ Structural Masonry Testing; ■ Spray Applied Fireproofing Testing and Inspection; ■ Inspection of Through Penetration Firestops; ■ Steel Coating Testing; ■ Exterior Cold-formed Steel Studs;and ■ Asphalt Testing. For placement and compaction of fill, backfill, natural subgrade, and pavement base material,we will provide a soil technician when requested to perform required field density tests to monitor the contractor's compliance with specifications. Laboratory tests will consist of Atterberg limits,gradation analyses,and moisture density relationships. When requested,we will sample flowable fill for compressive strength testing. If required, we can also test flowable fill for air content and flow. For drilled pier or foundation construction, our technician will verify that the piers or footings have been installed to the required penetration of the proper bearing stratum. He will also verify that the excavation(s) has been properly cleaned, that piers are within plumbness requirements,and that casing is used,if required. If requested, we will observe the concrete reinforcement prior to structural concrete placements. Bar size, spacing, splicing, cleanliness, and cover will be.examined for compliance BCRUA 1 of 3 BCRUA Fugro-Materials Testing EXHIBIT B, CONSULTANT'S RESPONSIBILITIES, consisting of 3 pages, referred to in and part of the Agreement between the Authority and the Consultant with the approved structural drawings. Post tension strand location,spacing,drape,and anchorage will also be inspected if applicable. When requested, our duties for cast-in-place concrete monitoring will be slump testing, air content testing, molding compression test cylinders, and concrete compression testing. Concrete will be observed for slump at the point of placement, and one set of concrete cylinders will be cast at the specified frequency. When requested, where post-tensioning reinforcing is used, and after such concrete achieves release strengths, we will inspect the post tensioning for proper stress and elongation, in accordance with the Post-Tensioning Institute criteria. Any strands that are found to be outside of the elongation tolerance will be marked and/or communicated to your representatives on the day of our inspection. When requested,we will obtain samples of tunnel grout for compressive strength testing. Typically, the tunneling contractor casts these specimens. We will transport, cure and test the specimens upon request. When requested for structural steel assemblies, a Certified Welding Inspector(CWI) will perform visual observation of all welded connections. Bolted connections will be checked for proper torque. All critical full-penetration welds can be tested by ultrasonic techniques if necessary. Precast concrete fabricators typically provide QC laboratory data. If required, Nye will conduct a pre-cast audit to confirm that approved submittals have been received; to discuss Fabricator's QC records to be submitted during and after fabrication; and to obtain copies of current calibration records. During fabrication, we will perform periodic spot-inspections of the fabrication process. We will obtain QC records to date,document and inspect current construction activity,obtain logs of completed precast members, and discuss any and all Fabricator's repairs to members found have defects. When requested, we will observe concrete inasonry unit wall construction to verify size and location of reinforcement and proper placement of grout. Mortar cubes and grout prisms will be cast to verify compliance with strength requirements. When required by fire code, or as requested, the through penetration firestops will be checked for completeness and verification of the use of the proper, approved materials. When requested,sprayed on cementitious fsreproofing will be tested for adhesion,cohesion,and thickness as well as laboratory density on field cut specimens. BCRUA 2 of 3 I I BCRUA Fugro-Materials Testing EXHIBIT B, CONSULTANT'S RESPONSIBILITIES, consisting of 3 pages, referred to in and part of the Agreement between the Authority and the Consultant When requested, we will test steel coatings for mill thickness at any specified frequency. We can also perforin holiday testing over entire coated surfaces. When requested, we will verify the connection of the exterior cold-formed steel studs, tracks,headers and sills with the approved submittal. We will also verify that the cold-formed steel studs are attached to the support steel within sill walls or at hanging lintels. When requested, our technicians will also perform laboratory testing on the hot mix asphaltic concrete (HMAC). We will cut cores for determining field density and in-place thickness. Laboratory testing will include molding of test specimens,laboratory densities,voids in mineral aggregate,determination of maximum theoretical density,asphalt content,and gradation. Our field technician(s) will immediately report results of field observations directly to the on-site job superintendent and owner's representative. We will assist the superintendent in identification and correction of any observed non-compliances with project specifications. In no case will our technician direct the contractor's operations, waive specifications, or make final acceptance of the contractor's work. B.2 Geotechuical Engineering Services Possible geotechnical assignments originating from this indefinite delivery contract would include responsibilities(scope of services)such as: N Field investigation consisting of soil borings,rock coring and test pits; IN Laboratory classification tests (Atterberg Limits, grain size determinations, moisture contents); r Volume change tests(consolidation tests,free-swell tests,pressure-swell tests); r Strength tests (unconsolidated-undrained triaxial compression, unconfined compression,direct shear,consolidated-drained triaxial compression); r Moisture density relation tests; IN Engineering analyses for volume change, bearing capacity, pier capacity, slope stability,soil heave potential,rock slope stability; IN Engineering report writing and troubleshooting. BCRUA 3 of 3 BCRUA Fngro-Materials Testing EXHIBIT D,FEE SCHEDULE,consisting of 4 pages,referred to in and part of the Agreement between the Authority and the Consultant FEES FOR GEOTECHNICAL AND MATERIALS ENGINEERING SERVICES 1. FIELD SERVICES 1.1 Geotechnical Unit Rate 1.1.1 Mobilization and Demobilization,Local,Each...............................................$ 300.00/ea 1.1.1.1 Drill Truck, Water Truck,Pickup,and Crew......................................$ 4.00/mile 1.1.1.2 All-Terrain Drill Rig,Pickup,and Crew............................................. Upon Request 1.1.2 All-Terrain Vehicle with Drill Rig(Additional Charge)................................. Upon Request 1.1.3 Drilling and Sampling 1.1.3.1 Drilling and Sampling with 3-inch,Thin-Walled Tube Sampler, Continuous to 10.0 ft,5.0-ft Intervals Thereafter...........................................................................$ 16.00/foot 1.1.3.2 Continuous Drilling and Sampling with 3-inch, Thin-Walled Tube Sampler or Split-Spoon Sampler for Environmental Screening..............................................$ 36.00/foot 1.1.4 Standard Penetration Tests...............................................................................$ 20.00/each 1.1.5 TxDOT Coale Penetration Tests.......................................................................$ 28.00/each 1.1.6 Rock Coring,NX or Similar Core Barrel 1.1.6.1 Drilling in Soft Rock(Austin Chalk,Eagle Ford Shale,etc.)...........$ 22.00/foot 1.1.6.2 Drilling in Hard Rock or Cavitated Rock(Edwards,Buda, Glen Rose,Georgetown,and Walnut Formations)...........................$ 26.00/foot 1.1.7 Wash or Auger Borings Drilled and Logged from Cuttings: 1.1.7.1 Soil......................................................................................................$ 14.00/foot 1.1.7.2 Rock....................................................................................................$ 20.00/foot 1.1.8 Field Testing 1.1.8.1 Packer Testing 1.1.8.1.1 Packer Test Equipment Mobilization................................$ 945.00/ea 1.1.8.1.2 Packer Testing(Rig and Equipment)................................$ 175.00/hr 1.1.8.1.3 Packer Test Inflation.........................................................$ 130.00/ea 1.1.8.2 Dilotometer Testing..........................................................................Upon Request 1.1.8.3 Borehole Photography.......................................................................Upon Request 1.1.9 Casing of Boreholes.........................................................................................$ 18.00/foot 1.1.10 Hourly Charges for Boring Layout,Excessive Time Spent Gaining Access to Boring Locations,BackfalIing Boreholes, Cleaning up Site,Installing Piezometers,and for Other Reasons Beyond our Control...........................................................................$ 165.00/hour 1.1.11 Rental of Concrete Core Drilling Equipment or Equipment to Gain Site Access,or Traffic Control Devices.............................................. Cost+ 15% 1.1.12 Materials for Piezometers,Grouting,etc. ....................................................... Cost+ 15% 1.1.13 Surveying or Other Outside Contractors.......................................................... Cost+ 15% 1.1.14 Traffic Control................................................................................................. Upon Request BCRUA Iof4 i BCRUA Fugro-Materials Testing EXHIBIT D,FEE SCHEDULE,consisting of 4 pages,referred to in and part of the Agreement between the Authority and the Consultant 1. FIELD SERVICES(Continued) 1.1 Geotechnical Unit Rate 1.1.15 Per Diem for Out-of-Town Assignments,Per Man.........................................$ 120.00/night 1.1.16 High-Pressure Steam Cleaner.......................................................................... Upon Request 1.1.17 OVA Meter...................................................................................................... Upon Request 1.I.18 Steel Drums for Drill Cuttings(delivered)......................................................$ 75.00/each 1.1.19 Plugging Boreholes with Bentonite.................................................................$ 8.00/foot 1.1.20 Wooden Core Boxes(NX)..............................................................................$ 60.00/ea 1.1.21 Piezometers...................................................................................................... Upon Request 1.2 Material Testing Rezular Time(l) Overtime(2) 1.2.1 Technician(NICET Level I or equivalent)..........$45.00/hr.................................$ 54.00/hr 1.2.2 Senior Technician(NICET Level II,TxDOT Level 1A/1B,Associate Welding Inspector, or equivalent).......................................................$50.00/hr.................................$ 60.00/hr 1.2.3 Senior Supervising Technician(NICET Level III,TxDOT Level II, or equivalent)...........$85.00/lu..................................$ 95.00/hr 1.2.4 Certified Welding Inspectorr.................................$72.00/hr.................................$ 82.00/hr 1.3 Field Testing and Equipment Unit Rate 1.3.1 Transportation(Miniinum$50.00/trip)...................................................... .........$ 0.51/mile 1.3.2 Nuclear Density Tests(In addition to technician time)........................................$ 15.00/test 1.3.3 Torque Wrench....................................................................................................No Charge 1.3.4 Dye Penetrant&Magnetic Particle Supplies.......................................................Cost+ 15% 1.3.5 Ultrasonic Testing Equipment.............................................................................$ 30.00/hr 1.3.6 Asphalt Coring Equipment..................................................................................$ 30.00/hr 1.3.7 Concrete Coring Equipment................................................................................$ 30.001hr +bit charge 1.3.8 Concrete Core Bit Charges 1.3.8.1 3 inch-diameter Core............................................................................$ 3.00/inch 1.3.8.2 4 inch-diameter Core............................................................................$ 4.00/inch 1.3.8.3 6 inch-diameter Core............................................................................$ 6.00/inch (Other sizes quoted upon request) 1.3.9 FACE®Dipstick Floor Flatness/Floor Levelness Equipment..............................$200.00/day 1.3.10 Air Content of Fresh Concrete.............................................................................$ 15.00/ea 2. LABORATORY TESTING 2.1 Soil and Rock Unit Rate 2.1.1 Natural Moisture Content................................................................................$ 15.00/ea 2.1.2 Sieve Analysis(TEX-I IO-E)...........................................................................$ 55.00/ea 2.1.3 Atterberg Limits(Liquid and Plastic Limits)...................................................$ 55.00/ea (TEX-104-E,TEX-I05-E,TEX-106-E) 2.1.4 Percent Passing No.200 Sieve(TEX-111-E)..................................................$ 45.00/ea 2.1.5 Bar Linear Shrinkage of Soils(TEX-107-E)...................................................$ 35.00/ea BCRUA 2of4 BCRUA Fugro-Materials Testing EXHIBIT D,FEE SCHEDULE,consisting of 4 pages,referred to in and part of the Agreement between the I Authority and the Consultant 2. LABORATORY TESTING(Continued) 11 Soil and Rock Unit Rate 2.1.6 Moisture Density Relationship(ASTM D 698) (Standard Proctor Compaction Test)...............................................................$ 210.00/ea 2.1.7 Moisture Density Relationship(ASTM D 1557) (Modified Proctor Compaction Test)...............................................................$ 210.00/ea 2.1.8 Moisture Density Relationship(TEX-113-E)..................................................$ 210.00/ea 2.1.9 Moisture Density Relationship(TEX-1 14-E,Part I).......................................$ 210.00/ea 2.1.10 Moisture Density Relationship(TEX-i 14-E,Pact I1)......................................$ 210.00/ea 2.1.11 Wet Ball Mill(TEX-116-E).............................................................................$ 175.00/ea 2.1.12 Sample Remolding..........................................................................................$ 45.00/hr 2.1.13 Soil Specific Gravity(TEX-108-E).................................................................$ 50.00/ea 2.1.14 Soil Lime Compression Test(TEX-i21-E).....................................................Upon Request 2.1.15 Soil-Lime pH Series(6 points)........................................................................$ 195.00/set 2.1.16 Soil-Lime Series Curve(ASTM D 4318) .......................................................$ 60.00/point 2.1.17 Free Swell Test................................................................................................$ 95.00/ea 2.1.18 Uniaxial Pressure-Strain Test..........................................................................$ 60.00/ea 2.1.19 Sieve Analysis(No.4,40,and 200 sieves).....................................................$ 55.00/ea 2.1.20 Hydrometer Analysis.......................................................................................$ 200.00/ea 2.1.21 Unit Dry Weight Determination and Natural Water Content..........................$ 20.00/ea 2.1.22 Unconfined Compression Test; Soil................................................................$ 50.00/ea 2.1.23 Unconfined Compression Test,Rock..............................................................$ 55.00/ea 2.1.24 Unconsolidated-Undrained Triaxial Compression Test...................................$ 65.00/ea 2.1.25 Swell or Settlement Potential-Cohesive Soil(ASTM D 4546)......................$ 450.00/ea 2.1.26 Permeability of Silt or Clay.............................................................................$ 250.00/ea 2.1.27 Volumetric Shrinkage......................................................................................$ 85.00/ea 2.1.28 Chemical and Analytical Testing by Outside Laboratory................................ Cost+ 15% 2.1.29 Slake Durability.................................................................I.............................$ 110.00/ea 2.1.30 Clierchar Abrasivity Index...............................................................................$ 140.00/ea 2.1.31 Punch Penetration Test............................................................................ ...$ 195.00/ea 2.1.32 Brazilian Tensile Strength................................................................................$ 115.00/ea 2.2 Concrete and Cement Unit Rate 2.2.1 Concrete Mix Design....................................................................................... Upon Request 2.2.2 Light Weight Concrete Mix Design.........................................................I........ Upon Request 2.2.3 Aggregate Gradation Analysis(TEX-200-F)...................................................$ 55.00/ea 2.2.4 Specific Gravity of Aggregate.........................................................................$ 55.00/ea 2.2.5 Absorption of Aggregate..................................................................................$ 55.00/ea 2.2.6 Unit Weight of Aggregate................................................................................$ 55.00/ea 2.2.7 Concrete Cylinder Compressive Strength(ASTM C 39)................................$ 17.00/ea 2.2.8 Beam Flexural Strength(ASTM C 78) .......................................................$ 45.00/ea 2.2.9 Mortar Cube Compressive Strength(ASTM C780)........................................$ 17.00/ea 2.2.10 Grout Specimen Compressive Strength(ASTM C1019).................................$ 40.00/ea 2.2.1 I Concrete Masonry Unit Strength(ASTM C780) ...........................................$ 85.00/ea 2.2.12 Concrete Masonry Unit Prism Strength(ASTM C1314).................................$ 175.00/ea 2.2.13 Drilled Core Compressive Strength(ASTM C42)...........................................$ 60.00/ea BCRUA 3 of 4 BCRUA Fugro-Materials Testing EXHIBIT D,FEE SCHEDULE,consisting of 4 pages, referred to in and part of the Agreement between the Authority and the Consultant 2. LABORATORY TESTING (Continued) 2.3 Asphaltic Concrete Unit Rate 2.3.1 Mix Design(Hveem or Marshall Method) ..................................................Upon Request 2.3.2 Molding Test Specimens,Bulk Density,and Stability(3 per set)...................$ 125.00/set 2.3.3 Determine Maximum Theoretical Density.......................................................$ 65.00/ea 2.3.4 Stripping Test$.................................................................................................85.00/ea 2.3.5 Asphalt Content(Ignition Oven with Correction)and Gradation....................$ 235.00/ea 2.3.6 Asphalt Content(Ignition Oven without Correction)and Gradation..............$ 200.00/ea 2.3.7 Bulk Specific Gravity of Asphalt Core ................................................... ...$ 40.00/ea 2.3.8 Roof Ballast Sieve Analysis............................................................................$ 55.00/ea 2.3.9 Oven Dried Moisture Content of Roofing Materials.......................................$ 35.00/ea 2.3.10 Laboratory Density of Field Cut Fireproofing ................................................$ 45.00/ea 3.REPORT PREPARATION Unit Rate 3.1 Word Processing.............................................................................................$ 55.00/hr 3.2 Drafting. ..........................................................................................................$ 75.00/hr 3.3 Reproduction....................................................................................................$ 0.15/copy 3.4 Postage............................................................................................................. Cost 4. ENGINEERING CONSULTATION Unit Rate 4.1 Senior Consultant/Project Principal.................................................................$ 175.00/hr 4.2 Senior Project Manager....................................................................................$ 155.00/hr 4.3 Project Manager...............................................................................................$ 145.00/hr 4.4 Project Engineer...............................................................................................$ 115.00/111- 4.5 Project Geologist..............................................................................................$ 125.00/lir 4.6 Laboratory Manager........................................................................................$ 125.00/hr 4.7 Graduate Engineer...........................................................................................$ 90.00/hr 4.8 Engineering Technician...................................................................................$ 60.00/hr 5.OUTSIDE SERVICES(Surveying,Etc.) Outside Services and Subcousultants........................................................................ Cost+15% Notes: * Rates for other services or tests will be quoted on request. * Laboratory test prices are FOB Fugro laboratory. Sample pick-up charges are additional. (1) Minimum call-out charge for CMT technician and equipment or sample pick-up is 2 hours. Minimum call-out charge for CWI technician is 4 hours. Charges are accrued portal to portal. (2) Overtime rates are applicable to time worked in excess of 8 hours per day,Monday through Friday; hours worked before 7:00 am and after 6:00 pin;and all hours worked on Saturdays, Sundays,and holidays. BCRUA 4 of 4 I i I BCRUA Fugro-Mate1•iais Testing EXHIBIT E, INSURANCE CERTIFICATES, consisting of 2 pages, referred to in and part of the Agreement between the Authority and the Consultant ... .. - nDATE,� D /YYYY)�fi1QRDQ. 12D09 IxOUIK'EA THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORALLTION ONLY Aon Risk Services Southwest, Inc. Aon Risk services southwest, Inc. AND CONFERS NO RIMITS UPON TI IF.CERTIFICATE 1101.139R,TMS - Aon Risk Ins services Southwest, Inc. 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